2566 GI/2017

(2263)

REGD. No. D. L. (N) 04/0007/2003—05

PUBLISHED BY AUTHORITY

WEEKLY

]

—

—

No. 17]

NEW DELHI, APRIL 23—APRIL 29, 2017, SATURDAY/VAISAKHA 3—VAISAKHA 9, 1939

Separate Paging is given to this Part in order that it may be filed as a separate compilation

II—

—

ii

PART II—Section 3—Sub-section (ii)

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(Other than the Ministry of Defence)

—dsUnz ljdkj ,rn}kjk naM izfdz;k lafgrk] 1973 ¼1974 dk vf/kfu;e la- 2½ dh /kkjk 24 dh mi/kkjk

¼8½ }kjk iznRr 'kfä;ksa dk iz;ksx djrs gq, loksZPp U;k;ky;] ubZ fnYyh@mPp U;k;ky;] ubZ fnYyh esa fnYyh fo'ks"k iqfyl

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esa dsUnzh; vUos"k.k C;wjks dh vksj ls mifLFkr gksus ds fy, Jh vkj-lh- phek] ofj"B vf/koDrk vkSj lqJh rjUuqe phek] vf/koDrk

dks fo'ks"k yksd vfHk;kstd fu;qDr djrh gSA

[Qk- la- 225@44@2014&,-oh-Mh-&II]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 14th February, 2017

S.O. 1027.— In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal

Procedure, 1973 (Act No.2 of 1974), the Central Government hereby appoints Shri Rajinder Singh Cheema and

2264

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ms. Tarannum Cheema, Advocate as Special Public Prosecutor for appearing on behalf of Central Bureau of

Investigation before the High Court and Supreme Court of India in appeals/revisions or other matters connected

therewith or incidental thereto in Coal Block Allocation cases instituted by Delhi Special Police Establishment (CBI).

[F.No. 225/44/2014-AVD-II]

S.P.R. TRIPATHI, Under Secy.

मुम्‍बई,‍19‍अप्रैल,‍2017‍

—राष्ट्रीय‍आवास‍बैंक‍अधिधियम,‍1987‍(1987‍का‍सं.53)‍की‍िारा‍6(2)‍के‍साथ‍पठित‍िारा‍6‍

के‍खण्ड‍(घ)‍की‍उपिारा‍(i)‍के‍अिुसरण‍में‍भारतीय‍ठरज़वव‍बैंक‍श्री‍जी‍एम‍राव के‍स्थाि‍पर‍एतदद्वारा‍डॉ.‍राजीव‍कुमार,‍

धिदेशक, केंद्रीय‍धिदेशक बोडव, भारतीय‍ठरज़वव‍बैंक‍को‍राष्ट्रीय‍आवास‍बैंक‍के‍धिदेशक‍मंडल‍में‍बैंक‍के‍िाधमती‍धिदेशक‍के‍

रूप‍में‍िाधमत‍करता‍है।

[सं.बैंधवधव.एपीपीटी‍एिएचबी. ‍12462 /08.21.006/2016-17]

सुदशवि‍सेि,‍कायवपालक‍धिदेशक‍

RESERVE BANK OF INDIA

Mumbai, the 19th April, 2017

S.O. 1028.—In pursuance of clause (d) of sub-section (1) of Section 6 read with Section 6(2) of the National

Housing Bank Act, 1987 (No.53 of 1987), Reserve Bank of India hereby nominates Dr. Rajiv Kumar, Director, Central

Board, Reserve Bank of India as the Bank’s Nominee Director on the Board of Directors of the National Housing Bank

vice Shri G M Rao.

[No. DBR.Appt.NHB. 12462 /08.21.006/2016-17]

SUDARSHAN SEN, Executive Director

धवदेश‍मंत्रालय‍

(सी.पी.वी.‍प्रभाग)‍

िई‍ददल्‍ली,‍30‍माचव,‍2017‍

का.आ. 1029.—राज‍िधयक‍‍और‍कोंसुलीय‍अधिकारी‍(शपथ‍एवं‍फीस)‍के‍अधिधियम,‍1948‍की‍िारा‍2‍के‍खंड‍

(क)‍के‍अिुसरण‍में‍वैिाधिक‍आदेश।‍

एतद्‍द्वारा,‍केन्‍द‍द्र‍सरकार‍भारत‍के‍प्रिाि‍कोंसलावास,‍मेलबिव‍में‍श्री‍धविय‍आिंद,‍सहायक‍अिुभाग‍अधिकारी‍और‍श्रीमधत‍

तवलीि‍कौर,‍धिजी‍सहायक‍को‍ददिांक‍30‍माचव,‍2017‍से‍सहायक‍कोंसलुर‍अधिकारी‍के‍तौर‍पर‍कोंसुलर‍सेवाओं‍के‍

धिववहि‍के‍धलए‍प्राधिकृत‍करती‍है।‍

[सं.‍टी.‍4330/01/2017]

प्रकाश चन्‍द‍द,‍धिदेशक‍(कोंसुलर)‍

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 30th March, 2017

S.O. 1029.—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular

Officers (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Vinay Anand, Assistant

II

(ii)

2265

Section Officer and Ms. Tavleen Kaur, PA as Assistant Consular Officers in Consulate General of India, Melbourne to

perform the Consular services with effect from 30 March, 2017.

[No. T. 4330/01/2016]

PRAKASH CHAND , Director (Consular)

िई‍ददल्‍ली‍24‍माचव,‍2017‍

का.आ. 1030-.—राजिधयक‍और‍कोंसुलीय‍अधिकारी‍(शपथ‍एवं‍फीस)‍के‍अधिधियम,‍1948‍की‍िारा‍2‍के‍खंड‍

(क)‍के‍अिुसरण‍में‍वैिाधिक‍आदेश।‍

एतद्‍द्वारा,‍केन्‍द‍द्र‍सरकार‍भारत‍के‍प्रिाि‍कोंसलावास,‍टोरोंटो‍में‍श्री‍मंजीत‍ससंह‍कोहली,‍सहायक‍अिुभाग‍अधिकारी‍को‍

ददिांक‍24‍माचव,‍2017‍से‍सहायक‍कोंसुलर‍अधिकारी‍के‍तौर‍पर‍कोंसुलर‍सेवाओं‍के‍धिववहि‍के‍धलए‍प्राधिकृत‍करती‍है।‍

[सं.‍टी.‍4330/01/2016]

प्रकाश‍चन्‍द‍द,‍धिदेशक‍(कोंसुलर)

New Delhi, the 24th March, 2017

S.O. 1030—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular

Officer (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Manjeet Singh Kohli,

Assistant Section Officer as Assistant Consular Officer in Consulate General of India, Toronto to perform the Consular

services with effect from 24 March, 2017.

[No. T. 4330/01/2016]

PRAKASH CHAND, Director (Consular)

शहरी‍धवकास‍मंत्रालय‍

िई‍ददल्‍ली,‍17‍अप्रैल,‍2017‍

का.आ. 1031.—केन्‍द‍द्रीय‍‍सरकार‍एतदद्वारा‍शहरी‍धवकास‍मंत्रालय‍के‍प्रशासधिक‍धियंणािीि‍ददल्‍ली‍

मेट्रो‍रेल‍कॉरपोरेशि‍धलधमटेड‍तथा‍एिबीसीसी‍(इंधडया)‍धलधमटेड‍के‍धिम्‍िधलधखत‍कायावलय,‍धजसके‍80%‍से‍

अधिक‍ अधिकाठरयों‍ और‍ कमवचाठरयों‍िे‍ सहंदी‍का‍कायवसािक‍ ज्ञाि‍ प्राप्‍त‍ कर‍ धलया‍ है,‍ को‍राजभाषा‍ (संघ‍ के‍

शासकीय‍प्रयोजिों‍के‍धलए‍प्रयोग)‍धियम‍1976‍(यथा‍संशोधित‍1987)‍के‍धियम‍10‍के‍उपधियम(4)‍के‍अंतगवत‍

अधिसूधचत‍करती‍हैं‍:-‍

1. वठरष्‍ि उप‍महाप्रबंिक,‍िजफगढ़‍धडपो,‍ददल्‍ली‍मेट्रो‍रेल‍कॉरपोरेशि,‍िजफगढ़,‍‍ददल्‍ली-110043‍

2. कायवकारी‍धिदेशक‍(इंजीधियररंग),‍‍आरबीजी‍िोएडा‍कायावलय,‍एिबीसीसी‍(इंधडया)‍धल.,‍िोएडा,‍उत्तर‍

प्रदेश‍

[फा.‍सं.‍ई-11017/5/2013-धहन्‍द‍दी]

िमेन्‍द‍द्र, संयुक्‍त‍सधचव‍

MINISTRY OF URBAN DEVELOPMENT

New Delhi, the 17th April, 2017

S.O. 1031.—In pursuance of Sub-rule (4) of Rule 10 of Official Language (Use for official purpose of the

Union) Rules, 1976, the Central Government hereby notify the following offices of the Delhi Metro Rail Corporation

Ltd., and NBCC (India) Limited, under Ministry of Urban Development, where more than 80% of officers/employees

have attained working knowledge of Hindi :

1.

Sr. Dy Manager, Najfgarh Depot, Delhi Metro Rail Corporation Ltd., Najfgarh, Delhi-110043

2.

Executive Director (Engg.), RBG Noida office, NBCC (India) Ltd., Noida, UP.

[F. No. E-11017/5/2013-Hindi]

DHARMENDRA, Jt. Secy.

2266

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

स्‍वास्‍्‍य‍और‍पठरवार‍कल्‍याण‍मंत्रालय‍

(स्‍वास्‍्‍य‍और‍पठरवार‍कल्‍याण‍धवभाग)

िई‍ददल्‍ली,‍25‍मई,‍2017‍

का.आ. 1032.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍

(2)‍द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍

की‍प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत‍:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍

डा.‍ एिटीआर‍ स्‍वास्‍्‍य‍ धवज्ञाि‍ धवश्‍वधव्ालय,‍ धवजयवाडा,‍ आन्‍द‍र‍ प्रदेश’’‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्‍चात‍ और‍

‘पंजीकरण के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍

अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्‍:‍-

(2)

(3)

‘’डॉक्‍टर‍फफ‍मेधडधसि‍(साइकीटठट्र)‍

एमडी‍(साइकीटठट्र)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जीएसएल‍ मेधडकल‍

कॉलेज‍ एंड‍ जिरल‍ अस्पताल,‍

लक्ष्मीपुरम,‍ राजमुंद्री,‍ आंर‍ प्रदेश,‍ ‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ फरवरी,‍ 2013‍ को‍ या‍ बाद‍ में‍‍

डॉ.एिटीआर‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍

आंर‍प्रदेश‍‍द्वारा‍प्रदत्त‍होगी।

िोट‍:‍1.‍ स्‍िातकोत्तर‍पायक्रम म‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍

करवािा‍होगा।‍

2.‍ मान्‍द‍यता‍के‍‘िवीकरण’‍की‍प्रदरम या‍‍वही‍होगी‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।‍

3. अपेधित‍मान्‍द‍यता‍का‍समय‍से‍िवीकरण‍करवािे‍में‍धवफल‍रहिे‍पर,‍पठरणाम‍स्‍वरूप,‍धिरपवाद‍रूप‍से‍संबंधित‍

स्‍िातकोत्तर‍पायक्रम म‍में‍प्रवेश‍बंद‍हो‍जाएगा।‍

[फा.‍सं.‍यू-12012/10/2016-एमई-I]

अधमत‍धबश्‍वास,‍अवर‍सधचव

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 25th May, 2016

S.O. 1032.— In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical Council

Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes the following

further amendments in the First Schedule to the said Act, namely:-

In the said First Schedule against “Dr. NTR University of Health Sciences, Vijaywada, Andhra Pradesh” under the

heading ‘Recognized Medical Qualification’ [hereinafter referred to as column (2)] after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration”[ hereinafter referred to as column (3)], the following shall be

inserted, namely:-

II

(ii)

2267

(2)

(3)

“Doctor of Medicine (Psychiatry)”

MD (Psychiatry)

(This shall be a recognized medical qualification when granted by Dr.

NTR University of Health Sciences, Vijaywada, Andhra Pradesh in

respect of students admitted at GSL Medical College & General Hospital,

Lakshmipuram, Rajahmundry, Andhra Pradesh on or after 2013)

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years, upon which it

shall have to be renewed.

2.

The procedure for ‘Renewal’ of recognition shall be same as applicable for the award of recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions to the

concerned Postgraduate Course.

[F. No. U-12012/10/2016-ME-I ]

AMIT BISWAS, Under Secy.

िई‍ददल्‍ली,‍1‍धसतम्‍बर,‍2016‍

का.आ. 1033.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍

(2)‍द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍

की‍प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत‍:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍शीषवक‍के‍अिीि‍‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍

है]‍‍‘’मंगलूर‍धवश्‍वधव्ालय’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍

कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा‍अथावत्‍:-‍

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि‍(जिरल‍मेधडधसि)’’

एमडी (जिरल‍मेधडधसि)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“मास्टर‍फफ‍सजवरी‍(जिरल‍सजवरी)’’

एमडी (जिरल‍सजवरी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

2268

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

“डॉक्टर‍फफ‍मेधडधसि‍(फब्स्टस्ट्रेठटक्स‍व‍गॉयिीकॉलोजी)’’

एमडी (फब्स्टस्ट्रेठटक्स‍व‍गॉयिीकॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“मास्टर‍फफ‍सजवरी‍(फथोपीधडक्स)’’

एमएस (फथोपीधडक्स)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि‍(पीधडयॉठट्रक्स)’’

एमडी (पीधडयॉठट्रक्स)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍सजवरी‍(साइदकएटरी)’’

एमडी (साइदकएटरी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍सजवरी‍(एिेधस्थयॉलोजी)’’

एमडी (एिेधस्थयॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“धडप्लोमा‍इि‍गॉयधिकॉलोजी‍व‍फब्स्टस्टेठट्रक्स’’

डीजीओ

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

II

(ii)

2269

“धडप्लोमा‍इि‍फथोपीधडक्स’’

डीओथो

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“धडप्लोमा‍इि‍चाइल्ड‍हैल्थ’’

डीसीएच

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“धडप्लोमा‍इि‍एिीस्थीधसया’’

डीए

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

“धडप्लोमा‍इि‍साइकलोधजकल‍मेधडधसि’’

डीपीएम

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

फॉदर‍ मुल्लर‍ इंस्टीट्यूट‍ फफ‍ ‍ मेधडकल‍ एज्युकेशि‍ एंड‍

ठरसचव,‍मंगलूर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

1992‍ में‍ मंगलूर‍ धवश्वधव्ालय‍ और‍ किावटक‍ सरकार‍

द्वारा‍यथा‍स्वीकृत‍प्रदत्त‍होगी।

िोट‍:‍1.‍ एमबीबीएस‍धडग्री‍प्रदाि‍करिे‍के‍धलए‍अिोस्‍िातक‍कोसव‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍

होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍करवािा‍होगा।‍‍

2.‍ मान्‍द‍यता‍के‍‘िवीकरण’‍की‍प्रदरम या‍‍वही‍होगी‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।‍

3. उपठरकधथत‍ उप‍ खंड‍ (क)‍ में‍ यथा-अपेधित‍ मान्‍द‍यता‍ का‍ समय‍ से‍ िवीकरण‍ करवािे‍ में‍ धवफल‍ रहिे‍ पर,‍

पठरणामस्‍वरूप,‍धिरपवाद‍रूप‍से,‍उक्‍त‍संस्‍थाि/मेधडकल‍कॉलेज‍में‍संबंधित‍एसबीबीएस‍अिोस्‍िातक‍कोसव‍में‍

प्रवेश‍बंद‍हो‍जाएगा।‍

[सं.‍यू-12012/742/2015-एमई-I]

डी.‍वी.‍के.‍राव,‍अवर‍सधचव

New Delhi, the 1st September, 2016

S.O. 1033.— In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical Council

Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes the following

further amendments in the First Schedule to the said Act, namely:-

2270

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

In the said First Schedule against “Mangalore University” under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2)] after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration” [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (General Medicine)”

“MD (General Medicine)”

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students

admitted in Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Master of Surgery (General Surgery)”

MD (General Surgery)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Doctor of Medicine (Obstetrics & Gynecology)”

MD (Obstetrics & Gynecology)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Master of Surgery (Orthopedics)”

MS (Orthopedics)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Doctor of Medicine(Paediatrics)”

MD (Paediatrics)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Doctor of Medicine (Psychiatry)”

MD (Psychiatry)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Doctor of Medicine(Anaesthesiology)”

MD (Anaesthesiology)

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Diploma in Gynaecology and Obstretics”

DGO

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

II

(ii)

2271

“Diploma in Orthopedics”

D. Ortho

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Diploma in Child Health’

D.C.H.

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Diploma in Anaesthesia’

D.A.

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

“Diploma in Psychological Medicine”

D.P.M.

(This shall be a recognized medical qualification when

granted by Mangalore University in respect of students being

trained at Father Muller Institute of Medical Education and

Research, Mangalore as sanctioned by Mangalore University

and Government of Karnataka in 1992.

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years, upon

which it shall have to be renewed.

2.

The procedure for ‘Renewal’ of recognition shall be same as applicable for the award of recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions

to the concerned Postgraduate Course.

[No. U-12012/742/2015-ME-I]

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍8‍धसतम्‍बर,‍2016

का.आ.1034.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,1956 (1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा(2)‍‍

द्वारा‍प्रदत्‍त‍शधक्‍तयों‍का‍प्रयोग‍करते‍हुए‍‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍‍करके‍उि‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्नधलधखत,‍और‍संशोिि‍करती‍है:

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है]] ‍

“बरकतउल्लाह‍ धवश्वधव्ालय,‍ भोपाल,‍ मध्य‍ प्रदेश”‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्चात‍ और‍ ‍ ‘पंजीकरण‍ के‍ धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

धचरायु‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ भोपाल‍ में‍ प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍माचव,‍2016‍को‍या‍बाद‍में‍150‍

एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ ‍ प्रवेश‍ िमता‍ के‍ साथ,,‍

बरकतउल्लाह‍धवश्वधव्ालय,‍भोपाल,‍मध्य‍प्रदेश‍द्वारा‍प्रदत्त‍

होगी।‍

2272

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

ख)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“तधमलिाडु‍डॉ. एम.जी.आर.मेधडकल‍धवश्वधव्ालय,‍चेन्नई”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

ििलक्ष्मी‍ श्रीधिवासि‍ मेधडकल‍ कॉलेज‍ व‍ अस्पताल,‍

पैरांबलूर,‍तधमलिाडु‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ददसंबर,‍2016‍को‍या‍बाद‍में‍150‍एमबीबीएस‍छात्रों‍

की‍वार्षवक‍प्रवेश‍िमता‍के‍साथ,‍डॉ.एम.जी.आर.मेधडकल‍

धवश्वधव्ालय,‍चेन्नई‍द्वारा‍प्रदत्त‍होगी।

ग)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ बेंगलौर”‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्चात‍ और‍ ‍ ‘पंजीकरण‍ के‍ धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

सिधगठर‍ मेधडकल‍ सांईधसस‍ व‍ अिुसंिाि‍ केन्‍दद्र‍ संस्थाि,‍

बेंगलूर‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ ददसंबर,‍

2016‍ को‍ या‍ बाद‍ में‍ 150‍ एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍

प्रवेश‍ िमता‍ के‍ साथ,‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍बेंगलौर‍द्वारा‍प्रदत्त‍होगी।)

घ)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“बाबा‍ फरीद‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ फरीदकोट”‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्चात‍ और‍ ‍ ‘पंजीकरण‍ के‍ धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

पंजाब‍आयुर्ववज्ञाि‍संस्थाि,‍जालंिर‍पंजाब‍में‍प्रधशधित‍दकए‍

गए‍ छात्रों‍ के‍ संबंि‍ में‍ ददसंबर,‍ 2016‍ को‍ या‍ बाद‍ में‍ 150‍

एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ प्रवेश‍ िमता‍ के‍ साथ,‍ बाबा‍

फरीद‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ फरीदकोट‍ द्वारा‍ प्रदत्त‍

होगी।)

ङ)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“‍तधमलिाडु‍डॉ.एम.जी.आर.मेधडकल‍धवश्वधव्ालय,‍चेन्नई”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा.‍अथावत्:-

II

(ii)

2273

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍मदा‍

मेधडकल‍कॉलेज‍व‍अस्पताल,‍तांडलम,‍चेन्नई‍में‍प्रधशधित‍दकए‍

गए‍ छात्रों‍ के‍ संबंि‍ में‍ ददसंबर,‍ 2016‍ को‍ या‍ बाद‍ में‍ 150‍

एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ प्रवेश‍ िमता‍ के‍ साथ,‍

डॉ.एम.जी.आर.मेधडकल‍ धवश्वधव्ालय,‍ चेन्नई‍ द्वारा‍ प्रदत्त‍

होगी।)

(च)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“चौिरी‍चरण‍ससंह‍धवश्वधव्ालय,मेरि”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍

इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍रमा‍

मेधडकल‍कॉलेज,‍अस्पताल,‍व‍ठरसचव‍सेंटर,‍हापुड,‍गाधजयाबाद‍

में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍ददसंबर,‍2016‍को‍या‍

बाद‍ में‍ 150‍ एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ प्रवेश‍ िमता‍ के‍

साथ,‍ चौिरी‍ चरण‍ ससंह‍ धवश्वधव्ालय,मेरि‍ द्वारा‍ प्रदत्त‍

होगी।)

(छ)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“डॉ.एि.टी.आर.स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍

जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

फाधतमा‍ आयुर्ववज्ञाि‍ संस्थाि,‍कडप्पा,‍ आंर‍ प्रदेश‍ में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍ददसंबर,‍2016‍को‍या‍बाद‍में‍100‍

एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ प्रवेश‍ िमता‍ के‍ साथ,‍

डॉ.एि.टी.आर.स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा‍द्वारा‍

प्रदत्त‍होगी।)

(ज)

उि‍प्रथम‍अिुसूची‍में‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍

“केरल‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍तृश्शूर‍‍”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मालाबार‍मेधडकल‍कॉलेज‍एंड‍ठरसचव‍सेन्‍दटर,‍कालीकट,‍केरल‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍ददसंबर,‍2016‍को‍या‍

बाद‍ में‍ 100‍ एमबीबीएस‍ छात्रों‍ की‍ वार्षवक‍ प्रवेश‍ िमता‍ के‍

साथ,‍केरल‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍

होगी।)

2274

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िोट:‍1. उच्चतम‍न्‍दयायालय‍द्वारा‍अधिदेधशत‍भारतीय‍आयुवधवज्ञाि‍पठरषद‍पर‍धिगरािी‍सधमधत‍द्वारा‍12‍‍अगस्त, 2016‍के‍

पत्र‍सं.ओसी/रेकोगिीशि(यूजी)‍प्रोपोज़ल्स/‍2016-17/42‍के‍धिदेशों‍का‍पालि‍करते‍हुए‍यह‍अधिसूचिा‍‍जारी‍की‍

जाती‍है।‍सभी‍मामलों‍में‍मेधडकल‍कॉलेज‍इस‍अधिसूचिा‍के‍जारी‍होिे‍के‍15‍ददि‍के‍अन्‍ददर‍धिम्नधलधखत‍उपलब्स्टि‍

करवाएंगे:-

(i)

संबंधित‍न्‍दयास/धवश्वधव्ालय/सोसायटी/कम्पिी‍आदद‍के‍डीि/सप्रंधसपल‍और‍अध्यि‍की‍ओर‍से‍शपथ‍

पत्र‍दक‍सभी‍कधमयों‍की‍पूर्तव‍कर‍दी‍गयी‍है‍और‍स्वा.और‍पठर.कल्या.मंत्रा.‍को‍22‍जूि,‍2016‍तक‍

प्रेधषत‍अिुपालि‍ठरपोटव‍में‍इसका‍उल्लेख‍दकया‍गया।

(ii)

भा.आयु.पठर.के‍पि‍में‍2‍करोड‍रुपये‍की‍बैंक‍गारंटी‍जो‍एक‍वषव‍अथवा‍प्रथम‍िवीकरण‍मूल्यांकि‍

तक,‍इिमें‍से‍जो‍भी‍बाद‍में‍हो,‍तक‍के‍धलए‍वैि‍हो।‍टसी‍बैंक‍गारंटी‍आवेदि‍के‍साथ‍प्रस्तुत‍की‍गई‍

धििावठरत‍फीस‍के‍अलावा‍होगी‍।

2.‍उच्चतम‍न्‍दयायालय‍द्वारा‍अधिदेधशत‍धिगरािी‍सधमधत‍िे‍अिुमोदि‍प्रदाि‍करते‍समय‍धिम्नधलधखत‍शतव‍

भी‍लगाई‍है:-

(क)‍ धिगरािी‍सधमधत‍30‍धसतंबर,‍2016‍के‍पश्चात‍कभी‍भी‍कॉलेज‍द्वारा‍प्रस्तुत‍अिुपालि‍ठरपोटव‍

के‍सत्यापि‍के‍धलए‍धिरीिण‍के‍आदेश‍दे‍सकती‍है।

‍(ख)‍ उपयुवि‍1‍की‍शतव‍(i) व‍ (ii)‍‍में‍चूक‍होिे‍पर‍और‍30‍धसतंबर‍के‍बाद‍दकए‍जािे‍वाले‍

धिरीिण‍में‍अिुपालि‍अिूरा‍पाए‍जािे‍की‍धस्थधत‍में,‍टसे‍कॉलेज‍को,‍2017-18‍से‍प्रारम्भ‍

होिे‍वाले‍सत्र‍से,‍2‍वषव‍के‍धलए‍िए‍छात्रों‍को‍प्रवेश‍देिे‍से‍वंधचत‍कर‍ददया‍जाएगा।

3.‍

एमबीबीएस‍धडग्री‍प्रदाि‍करिे‍के‍धलए‍अिोस्नातक‍कोसों‍के‍धलए‍दी‍गयी‍मान्‍दयता‍‍‍‍धिगरािी‍

सधमधत‍के‍उपयुवि‍धिर्दवि‍‍धिदेशों‍और‍शतों‍के‍अिीि‍होगी‍और‍अधिकतम‍5‍वषों‍के‍धलए‍होगी‍और‍इसके‍

बाद‍इसका‍िवीकरण‍करवािा‍ही‍होगा‍।‍‘‍िवीकरण’‍की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍दयता‍प्राि‍करिे‍के‍धलए‍

लागू‍होती‍है।

4.

‍मान्‍दयता‍के‍‘िवीकरण’‍की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍दयता‍प्रदाि‍करिे‍के‍धलए‍‍‍लागू‍‍होती‍है।

‍‍‍ 5.‍‍‍‍‍मान्‍दयता‍का‍समय‍से‍िवीकरण‍करवािे‍में‍धवफल‍रहिे‍पर,‍पठरणामस्वरूप,‍धिरपवाद‍रूप‍से,‍उि‍

संस्थाि/मेधडकल‍कॉलेज‍में‍संबंधित‍एमबीबीएस‍अिोस्नातक‍कोसव‍में‍प्रवेश‍बंद‍हो‍जाएगा।

[फा.‍सं.‍यू-12012/33/2016-एमई-I]

डी.‍वी.‍के‍राव, ‍अवर‍सधचव‍

New Delhi, the 8th September, 2016

S.O. 1034.—In exercise of the powerd conferred by sub-section (2) of the section 11 of the Indian Medical

Council Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, makes the

following further amendments in the First Schedule to the said Act:

(a)

In the said First Schedule after “Barkatullah University, Bhopal” and under the heading Recognized Medical

Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration” [Hereinafter referred to as column (3)], the following shall be inserted, namely;-

II

(ii)

2275

(2)

(3)

Bachelor of Medicine and Bachelor of Surgery

M.B.B.S

(This shall be a recognized medical Qualification when

granted by Backatullah University, Bhopal in respect of

students being trained at Chirayu Medical college &

Hospital, Bhopal with annual intake of 150 MBBS students

on or after 2016.)

(b)

In the said First Schedule after “Tamilnadu Dr. MGR Medical University, Chennai” and under the heading

‘Recognized Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration” [Hereinafter referred to as colimn (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Medical and

Bachelor of Surgery

M.B.B.S.

(This shall be recognized medical qualification when granted by

Tamilnadu Dr. MGR Medical University, Chennai in respect of

student being trained at Dhanalakshmi Sriniwasan Medical

College & Hospital, Perambalur, Tamilnadu with annual intake

of 150 MBBS students on or after 2016.)

(c) In the said First Schedule after “Rajiv Gandhi University of Heath Sciences, Bangalore” and under the heading

‘Recognized Medical Qualification’ [Hereinafer referred to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registraton” [Hereinafer referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at Sapthagiri

Institute of Medical Sciences & Research Center, Banglore

With annual intake of 150 MBBS students on or after

2016.)

(d) In the said First schedule after “Baba Farid university of Health Sciences, Faridkot” and under the heading

‘Recognized Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry realting

thereto under the heading ‘Abbreviation for Registration” [ Hereinafter referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be a recognized medical qualification when

granted by Baba Farid University of Health Sciences,

Faridkot in respect of students being trained at Panjab

Institute of Medical Sciences, Jalandhar, Punjab with

annual intake of 150 MBBS students on or after 2016.)

2276

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

(e) In the said First schedule after “Tamilnadu Dr. MGR Medical University, Chennai” and under the heading

‘Recognized Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry realting

thereto under the heading ‘Abbreviation for Registration” [ Hereinafter referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be a recognized medical qualification when granted by

Tamilnadu Dr. MGR Medical University, Chennai in respect of

students being trained at Madha Medical College and Hospital,

Thandlam, Chennai with annual intake of 150 MBBS students on or

after 2016.)

(f) In the said First schedule after “Chaudhary Charan Singh University, Merrut” and under the heading ‘Recognized

Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry realting thereto under

the heading ‘Abbreviation for Registration” [ Hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be recognized medical qualification when granted by

Chaudhary Charan Singh University, Meerut in respect of students

being trained at Rama Medical College and Hospital & Research

Centre, Hapur, Ghaziabad with annual intake of 150 MBBS

students on or after 2016.)

(g) In the said First Schedule after “Dr. NTR University of Health Sciences, Vijaywada” and under the heading

‘Recognized Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration” [Hereinafter referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be a recognized medical qualification when granted

by Tamilnadu NTR University of Health Sciences, Vijayawada

in respect of students being trained at Fathima Institute of

Medical Sciences, Kadapa, Andhra Pradesh with annual intake

of 100 MBBS students on or after 2016.)

(h) In the said First Schedule after “Kerala University of Health Sciences, Thrissur” and under the heading

‘Recognized Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration” [Hereinafter referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

Bachelor of Madicine and Bachelor of Surgery

M.B.B.S.

(This shall be recognized medical qualification when granted by

Kerala University of Health Sciences, Thrissur in respect of students

being trained at Malabar Medical College & Research Centre,

Calicut, Kerala with annual intake of 150 MBBS students on or after

2016.).

II

(ii)

2277

Note:

1. This notification is issued complying with the direction if the Supreme Court Mandated Oversight

Committee on MCI as communicated vide letter No. OC/Recognition (UG) Proposals/2016-17/42 dated 12th August,

2016. In all cases, Medical Colleges shall within 15 days of this Notification, Provide the following:-

(i)

An affidavit from the Dean/Principal and Chairman of the Trust/University/Society/Company etc

Concerned, affirming fulfillment of all deficiencies and statement made in the respective compliance

report submitted to MHFW by 22 June, 2016,

(ii)

A bank guarantee in the amount of Rs.2 crore in favour of MCI, which will be valid for 1 year or

until the first renewal assessment, whichever is later. Such bank guarantee will be in addition to the

prescribed fee submitted alongwith the application.

2. The Supreme Court Mandated Oversight Committee while granting approval has also stipulated as follows:-

(a)

OC may direct inspection to verify the compliance submitted by the college and considered

by OC, anytime after 30 September, 2016.

(b)

In default of the conditions (i) and (ii) in 1 above and if the compliances are found

incomplete in the inspection to be conducted after 30 September, 2016, such college will be

debarred from fresh intake of students for 2 years commencing 2017-18.

3.

The recognition so granted to undergraduate courses for award of MBBS degree shall be subject to

directives and stipulations made by the oversight Committee indicated herein above and further subject

to a maximum period of 5 years, upon which it shall have to be renewed.

4.

The procedure for ‘Renewal’ of recognition shall be same as applicable for the award for recognition.

5.

Failure to seek timely renewal of recognition as required shall invariably result in stoppage of

admissions to the concerned undergraduate Course.

[F. No.U-12012/33/2016-ME-I]

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍8‍िवम्‍बर,‍2016‍

का.आ. 1035.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍(2)‍

द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत‍:-‍

‍

उक्‍त‍प्रथम‍अिुसूची‍में‍‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍

अिीि‍‘’राजीव‍गांिी‍स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय‍बंगलूर‍से‍पूवव‍प्रधवधियों‍में‍‘’येिेपोया स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍

मंगलूर’’‍ जोडा‍ जाए‍ और‍ येिेपोया‍ स्‍वास्‍्‍य‍ धवज्ञाि‍ धवश्‍वधव्ालय,‍ मंगलूर‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्‍चात‍ और‍

‘पंजीकरण के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍

अंत:स्‍थाधपत‍दकया‍जाएगा‍अथावत्‍:-‍

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि‍(पेधडयॉठट्रक्स)

एम.डी.‍(पेधडयॉठट्रक्स)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍ येिेपोया‍

मेधडकल‍ कॉलेज,‍ मंगलूर‍ में‍ 2008‍ को‍ अथवा‍ उसके‍ पश्चात‍ येिेपोया‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍मंगलूर‍द्वारा‍प्रदत्त‍होगी)।‍

2278

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

“डॉक्टर‍‍फफ‍मेधडधसि (टयुबरक्यूलोधसस‍एंड‍

रेस्पीरेटरी‍धडधसधसज/पल्मोिरी‍मेधडधसि)”

एम.डी (टीबी‍एंड‍रेस्पीरेटरी‍धडधसधसज/पल्मोिरी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍ येिेपोया‍

मेधडकल‍ कॉलेज,‍ मंगलूर‍ में‍ 2008‍ को‍ अथवा‍ उसके‍ पश्चात‍ येिेपोया‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍मंगलूर‍द्वारा‍प्रदत्त‍होगी)।‍

“डॉक्टर‍ ‍ फफ‍ मेधडधसि/मास्टर‍ फफ‍ सजवरी‍

(फपथालमॉलोजी)”

एम.डी/एम.एस( फपथालमॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍ येिेपोया‍

मेधडकल‍ कॉलेज,‍ मंगलूर‍ में‍ 2008‍ को‍ अथवा‍ उसके‍ पश्चात‍ येिेपोया‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍मंगलूर‍द्वारा‍प्रदत्त‍होगी)।‍

“मास्टर‍फफ‍सजवरी‍(ईएिटी)”

एम.एस (ईएिटी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍ येिेपोया‍

मेधडकल‍ कॉलेज,‍ मंगलूर‍ में‍ 2008‍ को‍ अथवा‍ उसके‍ पश्चात‍ येिेपोया‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍मंगलूर‍द्वारा‍प्रदत्त‍होगी)।‍

िोट:‍1.‍‍स्नातकोत्तर‍कोसव‍को‍दी‍गई‍टसी‍मान्‍दयता‍अधिकतम‍5‍वषव‍के‍धलए‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍करवािा‍ होगा।

‍‍‍‍‍‍‍‍2.‍‍मान्‍दयता‍के‍‘िवीकरण’‍की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍दयता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।

‍‍‍‍‍‍‍‍3.‍‍अपेधित‍मान्‍दयता‍का‍समय‍से‍िवीकरण‍करवािे‍में‍धवफल‍रहिे‍पर,‍पठरणाम‍स्वरूप,धिरपवाद‍रूप‍से,‍संबंधित‍

स्नातकोत्तर‍कोसव‍में‍प्रवेश‍बंद‍हो‍जाएगा।

[फा.‍सं.‍यू-12012/45/2016-एमई-I]

डी.‍वी.‍के.‍राव,‍अवर‍सधचव‍

New Delhi, the 8th November, 2016

S.O. 1035— In exercise of the powers conferred by sub-section (2) of the section 11 of Indian Medical

Council Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendment in the First Schedule to the said Act, due to change in name of affiliating University

namely:-

In the said First Schedule before “Rajiv Gandhi University of Health Sciences, Bangalore and entries thereto

“Yenepoya University of Health Science, Mangalore” shall be added and against “Yenepoya University of Health

Sciences, Mangalore” under the heading ‘recognized Medical Qualification’ [hereinafter referred to as column (2)]

after the last entry and entry relating thereto under the heading ‘Abbreviation for registration’ [ hereinafter referred to

as column (3)], the following shall be inserted, namely:-

(2)

(3)

Doctor of Medicine (Paediatrics)

MD (Paediatrics)

(This shall be a recognized medical qualification when

granted by “Yenepoya University of Health Sciences,

Mangalore” in respect of students being trained at

Yenepoya Medical College, Mangalore on or after 2008).

“Doctor of Medicine (Tuberculosis & Respiratory

Diseases/Pulmonary Medicine)

MD (TB & Respiratory Diseases/Pulmonary Medicine)

(This shall be a recognized medical qualification when

granted by “Yenepoya University of Health Sciences,

Mangalore” in respect of students being trained at

Yenepoya Medical College, Mangalore on or after 2008).

Doctor of Medicine/Master of Surgery (Ophthalmology)

MD/MS (Opthalmology)

(This shall be a recognized medical qualification when

II

(ii)

2279

granted by “Yenepoya University of Health Sciences,

Mangalore” in respect of students being trained at

Yenepoya Medical College, Mangalore on or after 2008).

Master Of Surgery (ENT)

MS (ENT)

(This shall be a recognized medical qualification when

granted by “Yenepoya University of Health Sciences,

Mangalore” in respect of students being trained at

Yenepoya Medical College, Mangalore on or after 2008).

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 Years, upon which

it shall have to renewed.

2. The procedure to ‘Renewal’ of recognition shall be same as application for the award of recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions to

the concerned Postgraduate Couse.

[F.No. U-12012/45/2016-ME-I]

D.V.K. RAO, Under Secy.

शुधि-पत्र‍

िई‍ददल्‍ली,‍9‍िवम्‍बर,‍2016‍

का.आ. 1036.—इस‍ धवभाग‍ अधिसूचिा‍ सं.यू.-12012/481/2015-एमई-(पी. II)‍ ददिांक‍ 14.08.2015‍ के‍ अिुरम म‍ में‍

भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍(2)‍द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍

हुए,‍केि्‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍

करती‍है,‍अथावत्:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍–‍

(ड.)‍‘’डॉ.‍एिटीआर‍स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍धवजयवाडा,‍आंर‍प्रदेश’’‍के‍समि‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍

कालम‍(3)‍शीषवक‍के‍अंतगवत‍डॉक्‍टर‍फफ‍मेधडधसि‍(पेधडयॉठटरक्‍स)‍‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍प्रधतमा‍इंधस्ट्यूट‍‍

फफ‍मेधडकल‍सांइसेज,‍करीम‍िगर‍में‍ 2014‍ की‍बजाए‍ 2012‍ अथवा‍उसके‍पश्‍चात‍प्रधशधित‍दकए‍गए‍छात्रों‍को‍डॉ.‍एिटीआर‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍धवजयवाडा,‍आन्‍द‍र‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।‘’‍

[फा.‍सं.‍यू-12012/481/2015-एमई-I]

डी.वी.के.‍राव,‍अवर‍सधचव

CORRIGENDUM

New Delhi, the 9th November, 2016

S.O. 1036.—In continuation to this Department’s Notification No. U.-12012/481/2015-ME(P.II) dated

14.08.2015, and in exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical Council

Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes the

following further amendments in the First Schedule to the said Act, namely :-

In the said Schedule –

(e)

against ‘‘Dr NTR University of Health Sciences, Vijaywada, Andhra Pradesh’’ under the heading

‘Abbreviation for Registration’ (column 3), the Doctor of Medicine (Paediatrics) qualification shall

be a recognized medical qualification when granted by Dr NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being trained at Prathima Institute of Medical

Sciences, karim Nagar on or after 2012 instead of 2014’’.

[F. No. U-12012/481/2015-ME-I]

D.V.K. RAO, Under Secy.

2280

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िई‍ददल्‍ली,‍15‍िवम्‍बर,‍2016‍

का.आ. 1037.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍

(2)‍द्वारा‍प्रदत्त‍शधियों‍‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उस‍अधिधियम‍

की‍प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत्:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’दद‍

तधमलिाडु‍डॉ.‍एम.जी.आर.‍मेधडकल‍धवश्‍वधव्ालय,‍चेन्‍द‍िई’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍

संधिधिकरण’‍ [धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍

जाएगा‍अथावत्‍:-‍

(2)

(3)

“‍मास्टर‍फफ‍सजवरी(अब्स्टस्टेठट्रक्स‍एंड‍गॉयिेकॉलोजी‍)

एम.एस (ओबीजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍

यह‍ धतरूिेलवेल्ली‍ मेधडकल‍ कॉलेज,‍ धतरूिेलवेल्ली,‍

तधमलिाडु‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ बैच‍ के‍

संबंि‍ में‍ 1996,‍ 1997‍ और‍ 1998‍ के‍ दौराि‍ दद‍

तधमलिाडु‍डॉ.एम.जी.आर.‍मेधडकल‍धवश्वधव्ालय,‍

चेन्नई‍द्वारा‍प्रदत्त‍होगी।)’’‍

िोट‍:‍1. स्‍िातकोत्तर‍कोसव‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍

करवािा‍होगा।‍

2.‍ मान्‍द‍यता‍के‍‘िवीकरण’की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍‍लागू‍होती‍है।‍

3. उप‍ खंड‍ (क)‍ में‍ यथा-अपेधित‍ मान्‍द‍यता‍ का‍ समय‍ से‍ िवीकरण‍ करवािे‍ में‍ धवफल‍ रहिे‍ पर,‍ पठरणामस्‍वरूप,‍

धिरपवाद‍रूप‍से,‍संबंधित‍स्‍िातकोत्तर‍कोसव‍में‍प्रवेश‍बंद‍हो‍जाएगा।‍

[फा.सं.‍यू-12012/218/2015-एमई-I]

डी.‍वी.‍के.‍राव,‍अवर‍सधचव

New Delhi, the 15th November, 2016

S.O. 1037.— In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical

Council Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act, namely:-

In the said First Schedule against “The Tamil Nadu Dr. MGR Medical University, Chennai,Tamil Nadu” under

the heading ‘Recognized Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry

relating thereto under the heading ‘Abbreviation for Registration’[hereinafter referred to as column(3)], the following

shall be inserted, namely:-

(2)

(3)

“Master of Surgery (Obstretics & Gynaecology)

MS (OBG)

(This shall be a recognized medical qualification when

granted by the Tamil Nadu Dr. MGR Medical University,

Chennai, Tamil Nadu in respect of students trained at

Tirunelveli Medical College, Tirunelveli, Tamil Nadu for

the batches admitted during 1996,1997 and 1998.)’’

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years, upon

which it shall have to be renewed.

II

(ii)

2281

2.

The procedure for ‘Renewal’ of recognition shall be same as applicable for the award of recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions

to the concerned Postgraduate Course.

[F. No. U-12012/218/2015-ME-I]”

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍‍15‍िवम्‍बर,‍2016

का.आ. 1038.—भारतीय‍आुर्ववज्ञाि‍पठरषद्‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उपिारा‍(2)‍

द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत्‍:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍:-‍

(क) ‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍֯‘डा.‍एिटीआर‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍धवजयवाडा,‍आंर‍प्रदेश’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात्‍और‍‘पंजीकरण‍के‍

धलए‍ संधिप्‍तकरण’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍

अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-‍

(2)

(3)

“डॉक्टर‍ फफ‍ मेधडधसि‍ (डमेटॉलोजी,‍ वेिेरेलॉजी‍ एंड‍

लेपरसी)

एमडी‍(डमेटॉलोजी,‍वेिेरेलॉजी‍एंड‍लेपरसी)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

प्रधतमा‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ करीम‍ िगर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2012‍को‍या‍बाद‍में‍‍

डॉ.‍एिटीआर‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा,‍

आंर‍प्रदेश‍‍द्वारा‍प्रदत्त‍होगी।)’’‍

िोट:‍1.‍ स्‍िातकोत्तर‍पायक्रम म‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍

करवािा‍होगा।‍

2. मान्‍द‍यता‍के‍‘िवीकरण’‍की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।

3. अपेधित‍मान्‍द‍यता‍का‍समय‍से‍िवीकरण‍करवािे‍में‍धवफल‍रहिे‍पर,‍पठरणाम‍स्‍वरूप,‍धिरपवाद‍रूप‍से‍संबंधित‍

स्‍िातकोत्तर‍पायक्रम म‍में‍प्रवेश‍बंद‍हो‍जाएगा।‍

[फा.‍सं.‍यू-12012/471/2015-एमई-I]

डी.वी.के.‍राव,‍अवर‍सधचव

New Delhi, the 15th November, 2016

S.O. 1038.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical

Council Act, 1956(102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act, namely:-

In the said First Schedule against “Dr NTR University of Health Sciences, Vijaywada, Andhra Pradesh” under

the heading ‘Recognized Medical Qualification’ [hereinafter referred to as column (2)] after the last entry and entry

2282

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

relating thereto under the heading ‘Abbreviation for Registration” [ hereinafter referred to as column (3)], the following

shall be inserted, namely:-

(2)

(3)

“Doctor

of

Medicine

(Dermatology,Venerology

&Leprosy)

MD(DVL)

(This shall be a recognized medical qualification when

granted by Dr NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being

trained at Prathima Institute of Medical Sciences ,Karim

Nagar on or after 2012)’’

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years, upon

which it shall have to be renewed.

2.

The procedure for ‘Renewal’ of recognition shall be same as applicable for the award of recognition.

3.

Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions

to the concerned Postgraduate Course.

[F. No. U-12012/471/2015-ME-I]

D.V.K. RAO, Under Secy.

शुधि-पत्र‍

िई‍ददल्‍ली,‍25‍िवम्‍बर,‍2016‍

का.आ. 1039.—इस‍मंत्रालय‍की‍पूवव‍अधिसूचिा‍सं.‍यू.-12012/38/2011-एमई-(पी.II)‍ददिांक‍‍09.06.2011‍

के‍अिुरम म‍में,‍केन्‍द‍द्र‍सरकार‍भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍से‍परामशव‍करके,‍“‍पं.‍बी.डी.शमाव‍स्नातकोत्तर‍इंधस्टट्यूट‍फफ‍

मेधडकल‍ सांइधसस,‍ रोहतक‍ हठरयाणा”‍ के‍ समि‍ दशावयी‍ अहवताओं‍ में‍ प्रवेश‍ रोकिे‍ के‍ कारण,‍ उि‍ अधिधियम‍ की‍ प्रथम‍

अिुसूची‍में‍और‍संशोिि‍करती‍है‍‍अथावत्‍‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवत’‍ [धजसे‍इसके‍आगे कालम‍‍

)

2

‍(

कहा‍गया‍है

]

शीषवक‍के‍अिीि‍‍[आगे‍कालम‍(2)‍के‍रूप‍में‍संदर्भवत‍है]‍शीषव‍में‍अधन्‍दतम‍प्रधवधि‍के‍पश्‍चात‍और‍“पंजीकरण‍के‍धलए‍संधिधि”‍

[आगे‍कालम‍(3)‍के‍रूप‍में‍संदर्भवत‍है]‍शीषव‍के‍अिीि‍धिम्‍िधलधखत‍अंतर्ववष्‍ट‍दकया‍जाएगा,‍अथावत:-‍

(2)

(3)

“धडप्लोमा‍इि‍चाईल्ड‍हैल्थ”‍

डीसीएच

(यह‍केवल‍अकादधमक‍वषव‍2016-17‍तक‍‍प्रवेश‍पाए‍छात्रों‍

के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍

सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ एक‍ मान्‍दयता‍ प्राि‍

आयुर्ववज्ञाि‍अहवता‍होगी)

धडप्लोमा‍इि‍ट्युवरकुलोधसस‍एंड‍चेस्ट‍धडधसधजज़

डी.टी.सी.डी

‍(यह‍ केवल‍ अकादधमक‍ वषव‍ 2016-17‍ तक‍ ‍ प्रवेश‍ पाए‍

छात्रों‍ के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍

मेधडकल‍ सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ प्रदत्त‍ मान्‍दयता‍

प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी)

धडप्लोमा‍इि‍आफ्थलमोलॉजी

डी.ओ.

(यह‍केवल‍अकादधमक‍वषव‍2016-17‍तक‍‍प्रवेश‍पाए‍छात्रों‍

के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍

सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ प्रदत्त‍ मान्‍दयताप्राि‍

आयुर्ववज्ञाि‍अहवता‍होगी)

II

(ii)

2283

धडप्लोमा‍इि‍आथोपीधडक्स

डी.ओथो.

(यह‍केवल‍अकादधमक‍वषव‍2016-17‍तक‍‍प्रवेश‍पाए‍छात्रों‍

के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍

सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ प्रदत्त‍ मान्‍दयताप्राि‍

आयुर्ववज्ञाि‍अहवता‍होगी)

धडप्लोमा‍इि‍डमावटॉलोजी,वेिरेलॉजी‍एंड‍लेपरसी

डीवीएल

(यह‍केवल‍अकादधमक‍वषव‍2016-17‍तक‍‍प्रवेश‍पाए‍छात्रों‍

के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍

सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ प्रदत्त‍ मान्‍दयताप्राि‍

आयुर्ववज्ञाि‍अहवता‍होगी)

धडप्लोमा‍इि‍साइक्लोधजकल‍मेधडधसि

डीपीएम

(यह‍केवल‍अकादधमक‍वषव‍2016-17‍तक‍‍प्रवेश‍पाए‍छात्रों‍

के‍ धलए‍ बी.डी.शमाव‍ स्नातकोत्तर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍

सांइधसस,‍ रोहतक‍ हठरयाणा‍ द्वारा‍ प्रदत्त‍ मान्‍दयताप्राि‍

आयुर्ववज्ञाि‍अहवता‍होगी)

[सं.‍यू-12012/14/2016-एमई-I]‍

डी.वी.के.‍राव,‍अवर‍सधचव

CORRIGENDUM

New Delhi, the 25th November, 2016

S.O. 1039.—In continuation of the Ministry’s earlier notification No. U-12012/38/2011-ME(P.II)

dated 09.06.2011, the Central Government, in consultation with the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act, due to stoppage of admission by the

college authorities in the qualifications mentioned against “Pt. B. D. Sharma Postgraduate Institute of Medical

Sciences, Rohtak, Haryana” under the heading ‘Recognized Medical Qualification’ [hereinafter referred to as column

(2)], against the following qualifications and entry relating thereto under the heading ‘Abbreviation for Registration”

[hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Diploma in Child Health

D.C.H.

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

Rohtak, Haryana in respect of students admitted upto the

academic session 2016-17 only.)

Diploma in Tuberculosis & Chest Diseases

D.T.C.D

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

Rohtak, Haryana in respect of students admitted upto the

academic session 2016-17 only.)

Diploma in Ophthalmology

D.O.

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

Rohtak, Haryana in respect of students admitted upto the

academic session 2016-17 only.)

Diploma in Orthopedics

D.Ortho

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

2284

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Rohtak, Haryana in respect of students admitted up to the

academic session 2016-17 only.)

Diploma in Dermatology,Venereology and Leprosy

DDVL

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

Rohtak, Haryana in respect of students admitted upto the

academic session 2016-17 only.)

Diploma in Psychological Medicine

DPM

(This shall be a recognized medical qualification when

granted by Pt.B.D.Sharma University of Health Sciences,

Rohtak, Haryana in respect of students admitted upto the

academic session 2016-17 only.)’’

Note: The college authorities have given undertaking that they are not admitting any students in the above mentioned

courses from the academic session 2017-18.

[No. U-12012/14/2016-ME- I]

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍9‍जिवरी,‍2017‍

का.आ. 1040.—भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍(2)‍

द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आुर्ववज्ञाि‍पठरषद्‍में‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत्:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍:-‍

क) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍(2)‍ कहा‍गया‍ है]‍ शीषवक‍ के‍अिीि‍ ‘‘डा.‍ एिटीआर‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍धवजयवाडा,‍आंर‍प्रदेश’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरण‍के‍

धलए‍ संधिधिकरण’‍ [धजसे‍ इिके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍

अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्‍:-‍

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि (बॉयोकेधमस्ट्री)

एमडी‍(बॉयोकेधमस्ट्री)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

कटूरी‍मेधडकल‍कॉलेज,‍गुंटूर,‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍

संबंि‍ में‍ फरवरी,‍ 2015‍ को‍ या‍ बाद‍ में‍ ‍ ‘‘डॉ.एिटीआर‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश’’‍‍

द्वारा‍प्रदत्त‍होगी।‍

मास्टर‍फफ‍सजवरी (फथोपीधडक्स)

एमएस (फथोपीधडक्स)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

शांधतराम‍मेधडकल‍कॉलेज,‍िंधडयाल,आंर‍प्रदेश‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍मई,‍2014‍को‍अथवा‍बाद‍में‍

और‍ जिवरी,‍ 2015‍ को‍ ‘‘डॉ.एिटीआर‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍धवजयवाडा,‍आंर‍प्रदेश’’‍‍द्वारा‍प्रदत्त‍होगी।‍

डॉक्टर‍फफ‍मेधडधसि(रेधडयो‍डॉयग्नोधसस)

एमडी‍(रेधडयो‍डॉयग्नोधसस)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जीएसएल‍मेधडकल‍कॉलेज‍एंड‍जीएसएल‍जिरल‍अस्पताल,‍

लक्ष्मीपुरम,‍राजमुन्‍दद्री‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

II

(ii)

2285

में‍ मई,‍ 2014‍ को‍ या‍ बाद‍ में‍ ‍ ‘‘डॉ.‍ एिटीआर‍ स्वास््य‍

धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश’’‍ ‍ द्वारा‍

प्रदत्त‍होगी।‍

धडप्लोमा‍इि‍रेधडयो‍डॉयग्नोधसस

डीएमआरडी‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जीएसएल‍मेधडकल‍कॉलेज‍एंड‍जीएसएल‍जिरल‍अस्पताल,‍

लक्ष्मीपुरम,‍राजमुन्‍दद्री‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ मई,‍ 2014‍ को‍ या‍ बाद‍ में‍ ‍ ‘‘डॉ.‍ एिटीआर‍ स्वास््य‍

धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश’’‍ ‍ द्वारा‍

प्रदत्त‍होगी।‍

ख) ‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’धहमाचल‍प्रदेश‍

धवश्‍वधव्ालय,‍धहमाचल‍प्रदेश’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरणके‍धलए‍संधिधिकरण’‍ [धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकया‍ जाएगा,‍

अथावत्:-‍

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि/‍मास्टर‍फफ‍सजवरी‍(आफ्थैल्मोलोजी) एमडी‍(आफ्थैल्मोलोजी)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

राजेन्‍दद्र‍ प्रसाद‍ गविवमेंट‍ मेधडकल‍ कॉलेज,‍ टांडा,‍ धहमाचल‍

प्रदेश‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍जुलाई,‍2014‍

को‍ या‍ बाद‍ ‍ ‘‘धहमाचल‍ प्रदेश‍ ‍ धवश्वधव्ालय,‍ धहमाचल‍

प्रदेश’’‍‍द्वारा‍प्रदत्त‍होगी।‍

ग) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍(2)‍ कहा‍गया‍ है]‍ शीषवक‍ के‍अिीि‍ ‘केरल‍ स्‍वास्‍्‍य‍

धवज्ञाि‍धवश्‍वधव्ालय,‍तृश्‍शूर’‍के‍सामिे‍अंधतम‍प्रधवष्‍ट‍के‍पश्‍चात‍और‍‘पंजीकरण‍के‍धलए‍संधिधिरण’‍‍ [धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवष्‍ट‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकया‍ जाएगा,‍

अथावत्:-‍

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि‍(जिरल‍मेधडधसि)

एमडी‍(जिरल‍मेधडधसि)‍

(यह‍एक‍मान्‍दयताप्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍श्री‍

गोकुलम‍ मेधडकल‍ कॉलेज‍ ट्रस्ट‍ एंड‍ ठरसचव‍ फांउडेशि,‍

धत्रवेन्‍दद्रम,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍जूि,‍

2014‍को‍या‍बाद‍ केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍

तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

घ) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘‘राजीवगांिी‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍बेंगलुरु’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरणके‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत::स्‍थाधपत‍दकया‍जाएगा,‍

अथावत्:-‍

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि‍(रेधडयो‍डॉयग्नोधसस)

एमडी‍(रेधडयो‍डॉयग्नोधसस)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

राजराजेश्वरी‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ बेंगलुरु,‍ में‍

प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ जूि,‍ 2014‍ को‍ या‍

बाद‍ ‘‘राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ ‍ धवश्वधव्ालय,‍

बेंगलुरु’’‍द्वारा‍प्रदत्त‍होगी।‍

2286

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

डॉक्टर‍फफ‍मेधडधसि‍(दफधजयॉलोजी)

एमडी‍(दफधजयॉलोजी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

राजराजेश्वरी‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ बेंगलुरु,‍ में‍

प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ जूि,‍ 2014‍ को‍ या‍

बाद‍ ‘‘राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ ‍ धवश्वधव्ालय,‍

बेंगलुरु’’‍द्वारा‍प्रदत्त‍होगी।‍

डॉक्टर‍फफ‍मेधडधसि‍(जिरल‍मेधडधसि)

एमडी‍(जिरल‍मेधडधसि)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

राजराजेश्वरी‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ बेंगलुरु,‍ में‍

प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ जूि,‍ 2014‍ को‍ या‍

बाद‍ ‘‘राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ ‍ धवश्वधव्ालय,‍

बेंगलुरु’’‍द्वारा‍प्रदत्त‍होगी।‍

िोट‍:‍1.‍स्‍िातकोत्तर‍पायक्रम म‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍

करवािा‍होगा।‍

2. मान्‍द‍यता‍के‍‘िवीकरण’‍की‍प्रदरम या‍वही‍होगी‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।‍

3.‍ अपेधित‍मान्‍द‍यता‍का‍समय‍से‍िवीकरण‍करवािे‍में‍धवफल‍रहिे‍पर,‍पठरणाम‍स्‍वरूप,‍धिरपाद‍रूप‍से‍संबंधित‍

स्‍िातकोत्तर‍पायक्रम म‍में‍प्रवेश‍बंद‍हो‍जाएगा।‍

[फा.‍सं.‍यू-12012/473/2015-एमई-I]

डी.वी.के.‍राव,‍अवर‍सधचव‍

New Delhi, the 9th January, 2017

S.O. 1040.—In exercise of the powers conferred by sub-section(2) of the section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act.

In the said First Schedule:-

a)

against “Dr. NTR University of Health Sciences,Vijaywada, Andhra Pradesh” and under the heading

‘Recognized Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Doctor of Medicine (Biochemistry)

MD (Biochemistry)

(This shall be a recognized medical qualification when

granted

by

‘‘Dr.

NTR

University

of

Health

Sciences,Vijaywada, Andhra Pradesh’’ in respect of

students being trained at Katuri Medical College, Guntur

on or after 2015.

Master of Surgery (Orthopedics)

MS (Orthopedics)

(This shall be a recognized medical qualification when

granted

by

‘‘Dr.

NTR

University

of

Health

Sciences,Vijaywada, Andhra Pradesh’’ in respect of

students being trained at Santhiram Medical College,

Nandyal, Andhra Pradesh on or after May 2014 and

January 2015.

II

(ii)

2287

Doctor of Medicine (Radio Diagnosis)

MD (Radio Diagnosis)

(This shall be a recognized medical qualification when

granted

by

Dr.

NTR

University

of

Health

Sciences,Vijaywada, Andhra Pradesh in respect of

students being trained at GSL Medical College & GSL

General Hospital , Lakshmipuram, Rajahmundry on or

after May 2014.

Diploma in Radio Diagonosis

DMRD

(This shall be a recognized medical qualification when

granted

by

Dr.

NTR

University

of

Health

Sciences,Vijaywada, Andhra Pradesh in respect of

students being trained at GSL Medical College & GSL

General Hospital , Lakshmipuram, Rajahmundry on or

after May 2015.

(b)

against “Himachal Pradesh University, Himachal Pradesh” under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

“Doctor of Medicine/Master of Surgery (Ophthalmology)

MD/MS (Ophthalmology)

(This shall be a recognized medical qualification when

granted by Himachal Pradesh University, Himachal

Pradesh in respect of students being trained at Dr.

Rajendar Prasad Government Medical College,Tanda,

Himachal Pradesh

on or after July 2014.

(c)

against “Kerala University of Health Sciences,Thrissur,Kerala” under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

Doctor of Medicine (General Medicine)

MD (General Medicine)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences,Thrissur

in respect of students being trained at Sri Gokulam

Medical

College

Trust

&

Research

Foundation,

Trivandrum, Kerala on or after June 2014.

(d)

against “Rajiv Gandhi University of Health Sciences, Bangalore” under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

Doctor of Medicine (Radio Diagnosis)

MD (Radio Diagnosis)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at

Rajarajeshwari Medical College & Hospital, Bangalore on

or after June 2014.

Doctor of Medicine (Physiology)

MD (Physiology)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at

Rajarajeshwari Medical College & Hospital, Bangalore on

or after June 2014.

2288

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Doctor of Medicine (General Medicine)

MD (General Medicine)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at

Rajarajeswari Medical College & Hospital,Bangalore on

or after June 2014.

Note: 1.

The recognition so granted to a Postgraduate Course shall be for a maximum period of 5 years, upon which

it shall have to be renewed.

2. The procedure for ‘Renewal’ of recognition shall be same as applicable for the award of recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of admissions

to the concerned Postgraduate Course.

[No.U-12012/473/2015-ME-I ]

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍1‍फरवरी,‍2017‍

का.आ. 1041.—भारतीय‍आयुर्ववज्ञाि‍पठरषद‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍(2)‍

द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत‍और‍संशोिि‍करती‍है,‍अथावत्‍:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍

(क) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍‘’केरल‍स्‍वास्‍्‍य‍धवज्ञाि‍

धवश्‍वधव्ालय‍तृश्‍शूर,‍केरल’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-‍

(2)

(3)

“धडप्लोमा‍बाल‍स्वास््य (डीसीएच)”

डीसीएच‍

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

अमाला‍‍इंधस्टट्यूट‍फफ‍मेधडकल‍सांइधसस,‍तृश्शूर,केरल‍

में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍

बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ तृश्शूर,‍

केरल‍द्वारा‍प्रदत्त‍होगी।)‍

“धडप्लोमा-डमेटॉलोजी,‍वेिरोलॉजी‍एंड‍लेपरोसी(डीडीवीएल)”‍ डीडीवीएल

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

अमाला‍‍इंधस्टट्यूट‍फफ‍मेधडकल‍सांइधसस,‍तृश्शूर,केरल‍

में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍

बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ तृश्शूर,‍

केरल‍द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि(फामावकॉलोजी)”

एम.डी(फामावकॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

गविवमेंट‍ मेधडकल‍ कॉलेज,‍ कोट्टायम,‍ केरल‍ में‍ प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍केरल‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍

होगी।)‍

II

(ii)

2289

“डॉक्टर‍‍फफ‍मेधडधसि (माइरम ोरबॉयलोजी)”

एम.डी (माइरम ोरबॉयलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

गविवमेंट‍ मेधडकल‍ कॉलेज,‍ कोट्टायम,‍ केरल‍ में‍ प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2013‍को‍या‍बाद‍में,‍केरल‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍केरल‍द्वारा‍प्रदत्त‍होगी।)‍

“मास्टर‍फफ‍सजवरी (फफ्थॉलमॉलोजी)”

एम.एस (फफ्थॉलमॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

डॉ.सोमरवेल‍मेमोठरयल‍सीएसआई‍अस्पताल‍व‍मेधडकल‍

कॉलेज,‍कराकोणम,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍

संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍केरल‍द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि(पैथॉलोजी)”

एम.डी (पैथॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

डॉ.सोमरवेल‍मेमोठरयल‍सीएसआई‍अस्पताल‍व‍मेधडकल‍

कॉलेज,‍कराकोणम,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍

संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍होगी।)‍

“डॉक्टर‍‍फफ‍मेधडधसि/मास्टर‍फफ‍सजवरी (अिैटमी)”

एम.डी/एम.एस (अिैटमी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

गविवमेंट‍ मेधडकल‍ कॉलेज,‍ तृश्शूर,‍ केरल‍ में‍ प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍केरल‍

स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍

होगी।)

“धडप्लोमा‍–साइकॉलोधजकल‍मेधडधसि (डीपीएम)”

डीपीएम

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

मलिकरा‍ फथोडॉक्स‍ सीरीयि‍ चचव‍ मेधडकल‍ कॉलेज,‍

कोधलिचेरी,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ 2015‍ को‍ या‍ बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍होगी।)

“मास्टर‍फफ‍सजवरी (जिरल‍सजवरी)”

एमएस (जिरल‍सजवरी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

अकादमी‍फफ‍‍मेधडकल‍सांइधसस,‍पठरयारम,‍केरल‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍

में,‍केरल‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍तृश्शूर,‍‍केरल‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (पेधडयॉठट्रक्स)”

एम.डी (पेधडयॉठट्रक्स)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

श्री‍गोकुलम‍मेधडकल‍कॉलेज,ट्रस्ट‍एंड‍ठरसचव‍फांउडेशि,‍

धत्रवेन्‍दद्रम,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍

2014‍ को‍ या‍ बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍होगी।)

2290

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

“मास्टर‍‍फफ‍सजवरी (काि,‍िाक‍व‍गला)”

एम.एस (ईएिटी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

जुबली‍ धमशि‍ मेधडकल‍ कॉलेज‍ एंड‍ ठरसचव‍ इंधस्टट्यूट,‍

तृश्शूर,‍ केरल‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍

2015‍ को‍ या‍ बाद‍ में,‍ केरल‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍तृश्शूर,‍केरल‍द्वारा‍प्रदत्त‍होगी।)

(ख) ‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍“राजीव‍गांिी‍स्वास््य‍

धवज्ञाि‍धवश्वधव्ालय,‍बेंगलुरु”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“डॉक्टर‍‍फफ‍मेधडधसि (एिेधस्थधसयॉलोजी)”

एम.डी (एिेधस्थधसयॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

एस.एस.इंधस्टट्यूट‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव‍ सेंटर,‍

दाविधगठर,‍ ‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍

2015‍ को‍ या‍ बाद‍ में,‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍बेंगलुरु‍द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (रेधडयो-डॉयग्नोधसस/‍रेधडयॉलोजी)”

एम.डी (रेधडयो-डॉयग्नोधसस/‍रेधडयॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

अस्पताल‍ अमीि‍ मेधडकल‍ कॉलेज,‍ बीजापुर‍ केरल‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2013‍को‍या‍बाद‍

में,‍राजीव‍गांिी‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍बेंगलुरु‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (दफधजकल‍मेधडधसि‍व‍ठरहेधब्स्टलटेशि)” एम.डी (दफधजकल‍मेधडधसि‍व‍ठरहेधब्स्टलटेशि)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

सेंट‍जॉन्‍दस‍मेधडकल‍कॉलेज,‍बेंगलुरु‍में‍प्रधशधित‍दकए‍गए‍

छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍राजीव‍गांिी‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ बेंगलुरु‍ द्वारा‍ प्रदत्त‍

होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (पैथॉलोजी)”

एम.डी (पैथॉलोजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

बेलगाम‍इंधस्टट्यूट‍फफ‍मेधडकल‍सांइधसस,‍बेलगाम‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍

में,‍राजीव‍गांिी‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍बेंगलुरु‍

द्वारा‍प्रदत्त‍होगी।)

II

(ii)

2291

“डॉक्टर‍‍फफ‍मेधडधसि (फॉरेंधसक‍मेधडधसि)”

एम.डी (फॉरेंधसक‍मेधडधसि)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍

डॉ.बी.आर.अंबेडकर‍ मेधडकल‍ कॉलेज,‍ बेंगलुरू‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍

में,‍राजीव‍गांिी‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍बेंगलुरु‍

द्वारा‍प्रदत्त‍होगी।)

(ग) ‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’‍शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍“दद‍तधमलिाडु‍

डॉ.एम.जी.आर.मेधडकल‍कॉलेज‍धवश्वधव्ालय,‍चेन्नई”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍

दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“मास्टर‍‍फफ‍सजवरी (ओबीजी)”

एम.एस (ओबीजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍श्री‍

मुकंधबका‍इंधस्टट्यूट‍फफ‍मेधडकल‍सांइधसस,‍कुलशेखरि‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में,‍

दद‍

तधमलिाडु‍

डॉ.एम.जी.आर.‍

मेधडकल‍

कॉलेज‍

धवश्वधव्ालय,‍चेन्नई‍द्वारा‍प्रदत्त‍होगी।)

“धडप्लोमा‍टयुबरक्यूलोधसस‍एंड‍चेस्ट‍धडधसधसज”

डीटीसीडी

(यह‍ एक‍ मान्‍दयता‍ प्राि‍आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह,

तंजावूर‍ मेधडकल‍ कॉलेज,‍ तंजावूर‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍ बाद‍ में,‍ दद‍ तधमलिाडु‍

डॉ.एम.जी.आर.‍ मेधडकल‍ कॉलेज‍ धवश्वधव्ालय,‍ चेन्नई‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि‍(कम्युधिटी‍मेधडधसि)”

एम.डी‍(कम्युधिटी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

दकलपोक‍ मेधडकल‍ कॉलेज,‍ चेन्नई‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में,‍ दद‍ तधमलिाडु‍

डॉ.एम.जी.आर.‍ मेधडकल‍ कॉलेज‍ धवश्वधव्ालय,‍ चेन्नई‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (फारेंधसक‍मेधडधसि)”

एम.डी (फारेंधसक‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

दकलपोक‍ मेधडकल‍ कॉलेज,‍ चेन्नई‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में,‍ दद‍ तधमलिाडु‍

डॉ.एम.जी.आर.‍ मेधडकल‍ कॉलेज‍ धवश्वधव्ालय,‍ चेन्नई‍

द्वारा‍प्रदत्त‍होगी।)

(घ) ‘मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता’‍ शीषवक‍ के‍ अिीि‍ [धजसे‍ इसके‍ आगे‍ कालम(2)‍ कहा‍ गया‍ है] ‍

“डॉ.एि.टी.आर.स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍

धलए‍ संधिधिकरण’‍ [धजसे‍ इसके‍ आगे‍ कालम(3)‍ कहा‍ गया‍ है] से‍ संवंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ ‍ धिम्नधलधखत‍

अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

2292

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

(2)

(3)

“डॉक्टर‍‍फफ‍मेधडधसि (टयुबरक्यूलोधसस‍एंड‍रेस्पीरेटरी‍

धडधसधसज/पल्मोिरी‍मेधडधसि)”

एम.डी

(टयुबरक्यूलोधसस‍

एंड‍

रेस्पीरेटरी‍

धडधसधसज/पल्मोिरी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मेधडधसटी‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ घािपुर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में,‍

डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा‍

द्वारा‍प्रदत्त‍होगी।)

“मास्टर‍‍फफ‍सजवरी (काि,‍िाक‍व‍गला)”

एम.डी (ईएिटी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मेधडधसटी‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ घािपुर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में,‍

डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि‍मास्टर‍‍फफ‍सजवरी‍‍(अिैटमी)” एम.डी/एम.एस (अिैटमी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मेधडधसटी‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ घािपुर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में,‍

डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा‍

द्वारा‍प्रदत्त‍होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि (कम्युधिटी‍मेधडधसि)”

एम.डी (कम्युधिटी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मेधडधसटी‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ घािपुर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍

डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍धवजयवाडा‍

द्वारा‍प्रदत्त‍होगी।)

“मास्टर‍‍फफ‍सजवरी (ओबीजी)”

एम.एस (ओबीजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जीएसएल‍ मेधडकल‍ कॉलेज‍ एंड‍ जीएसएल‍ जिरल‍

अस्पताल,‍लक्ष्मीपुरम‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍2015‍को‍या‍बाद‍में,‍डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍

धवश्वधव्ालय,‍धवजयवाडा‍द्वारा‍प्रदत्त‍होगी।)

“धडप्लोमा‍इि‍‍गॉयिेकॉलोजी‍एंड‍फब्स्टसटेठट्रक्स”

डीजीओ

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जीएसएल‍ मेधडकल‍ कॉलेज‍ एंड‍ जीएसएल‍ जिरल‍

अस्पताल,‍लक्ष्मीपुरम‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍2015‍को‍या‍बाद‍में,‍डॉ.एि.टी.आर.‍स्वास््य‍धवज्ञाि‍

धवश्वधव्ालय,‍धवजयवाडा‍द्वारा‍प्रदत्त‍होगी।)

II

(ii)

2293

(ङ) ‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍“डॉ.बी.आर. आंबेडकर‍

धवश्वधव्ालय,‍आगरा”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍

कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“डॉक्टर‍‍फफ‍मेधडधसि (फामावकॉलोजी)”

एम.डी (फामावकॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रामा‍ मेधडकल‍ कॉलेज‍ व‍ अस्पताल,‍ कािपुर,‍ में‍ प्रधशधित‍

दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में,‍

डॉ.बी.आर.आंबेडकर‍ धवश्वधव्ालय,‍ आगरा‍ द्वारा‍ प्रदत्त‍

होगी।)

“डॉक्टर‍‍फफ‍मेधडधसि‍मास्टर‍‍फफ‍सजवरी‍‍(अिैटमी)” एम.डी/एम.एस (अिैटमी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रामा‍ मेधडकल‍ कॉलेज‍ व‍अस्पताल,‍ कािपुर,,‍ में‍ प्रधशधित‍

दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में,‍

डॉ.बी.आर.आंबेडकर‍ धवश्वधव्ालय,‍ आगरा‍ द्वारा‍ प्रदत्त‍

होगी।)

(च) ‘मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता’शीषवक‍ के‍ अिीि [धजसे‍ इसके‍ आगे‍ कालम(2)‍ कहा‍ गया‍ है] ‍ “अमृता‍ धवश्व‍

धव्ापीिम‍धवश्वधव्ालय,‍कोयंबत्तूर”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍

अथावत्:-

(2)

(3)

“धडप्लोमा‍इि‍दफधजकल‍मेधडधसि‍व‍ठरहेधब्स्टलटेशि”

डीपीएमआर

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

अमृता‍स्कूल‍फफ‍मेधडधसि,एम्स.‍कोची,‍केरल‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍अमृता‍

धवश्व‍ धव्ापीिम‍ धवश्वधव्ालय,‍ कोयंबत्तूर‍ द्वारा‍ प्रदत्त‍

होगी।)‍

(छ) ‘मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता’शीषवक‍ के‍ अिीि[धजसे‍ इसके‍ आगे‍ कालम(2)‍ कहा‍ गया‍ है] ‍ “संतोष‍‍

धवश्वधव्ालय,‍गाधजयाबाद”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“डॉक्टर‍‍फफ‍मेधडधसि (फामावकॉलोजी)”

एम.डी (फामावकॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

संतोष‍मेधडकल‍कॉलेज,‍गाधजयाबाद,‍में‍प्रधशधित‍दकए‍गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2011‍ को‍ या‍ बाद‍ में,‍ संतोष‍‍

धवश्वधव्ालय,‍गाधजयाबाद‍द्वारा‍प्रदत्त‍होगी।)

2294

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[PART II—SEC. 3(ii)]

(ज) मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍“धत्रपुरा‍धवश्वधव्ालय”‍

के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम(3)‍कहा‍गया‍है]

से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“मास्टर‍‍फफ‍सजवरी (ओबीजी)”

एम.एस (ओबीजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

अगरतला‍गविवमेंट‍मेधडकल‍कॉलेज‍अगरतला‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍धत्रपुरा‍

धवश्वधव्ालय‍द्वारा‍प्रदत्त‍होगी।)

(झ) ‍‘मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता’शीषवक‍के‍अिीि[धजसे‍इसके‍आगे‍कालम(2)‍कहा‍गया‍है] ‍“भारतीय‍धव्ापीि‍

डीम्ड‍धवश्वधव्ालय,‍पुणे”‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्चात‍और‍‍‘पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम(3)‍कहा‍गया‍है] से‍संवंधित‍प्रधवधि‍के‍संबंि‍में‍‍धिम्नधलधखत‍अंत:स्थाधपत‍दकया‍जाएगा.‍अथावत्:-

(2)

(3)

“डॉक्टर‍‍फफ‍मेधडधसि(जिरल‍मेधडधसि)”

एम.डी‍(जिरल‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

भारती‍धव्ापीि‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍सांगली‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में,‍

भारतीय‍ धव्ापीि‍ डीम्ड‍ धवश्वधव्ालय,‍ पुणे‍ द्वारा‍ प्रदत्त‍

होगी।)

[फा.‍सं.‍यू-12012/01/2017-एमई-I (पाटव-3)]

अधमत‍धबश्‍वास,‍अवर‍सधचव‍

New Delhi, the 1st February, 2017

S.O. 1041.—In exercise of the powers conferred by sub-section(2) of the section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act, namely:-

In the said Schedule –

a)

against “Kerala University of Health Sciences, Thrissur” under the heading ‘Recognised Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under

the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Diploma in Child Health(DCH)”

DCH

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Amala Institute of

Medical Sciences, Thrissur on or after 2015).

“Diploma in Dermatology Venereology” And Leprosy

(DDVL)

DDVL

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Amala Institute of

Medical Sciences, Thrissur on or after 2015).

II

(ii)

2295

“Doctor of Medicine (Pharmacology)”

MD (Pharmacology)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Government

Medical College, Kottayam on or after 2014).

“Doctor of Medicine (Microbiology)”

MD (Microbiology)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Government

Medical College, Kottayam on or after 2013).

“Master of Surgery (Ophthalmology)”

MS (Ophthalmology)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Dr. Somervel

Memorial CSI Hospital & Medical College, Karakonam

on or after 2015).

“Doctor of Medicine (Pathology)”

MD (Pathology)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Dr. Somervel

Memorial CSI Hospital & Medical College, Karakonam

on or after 2015).

“Doctor of Medicine/Master of Surgery (Anatomy)”

MD/MS (Anatomy)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Government

Medical College, Thrissur on or after 2014).

‘‘Diploma in Psychological Medicine (DPM)’’

DPM

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Malankara Orthodox

Syrian Church Medical College, Kolenchery on or after

2015).

Master of Surgery (General Surgery)”

MS (General Surgery)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Academy of

Medical Sciences, Pariyaram on or after 2015).

“Doctor of Medicine (Paediatrics)”

MD (Paediatrics)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Sri Gokulam

Medical

College

Trust

&

Research

Foundation,

Trivandrum on or after 2014).

Master of Surgery (Ear, Nose & Throat)”

MS (ENT)

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Jubilee Mission

Medical College & Research Institute, Thrissur on or after

2015).

2296

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

b) against “Rajiv Gandhi University of Health Sciences, Bangalore” under the heading ‘Recognised Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of Medicine (Anesthesiology)”

MD (Anesthesiology)

(This shall be a recognised medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained S S Institute

of Medical Sciences & Research Centre, Davangere on or

after 2015).

“Doctor of Medicine (Radio-Diagnosis/ Radiology)”

MD (Radio-Diagnosis/Radiology)

(This shall be a recognised medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at Al-

Ameen Medical College, Bijapur on or after 2013).

“Doctor

of

Medicine

(Physical

Medicine

&

Rehabilitation)”

MD (Physical Medicine & Rehabilitation)

(This shall be a recognised medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at St. Johns

Medical College, Bangalore on or after 2014).

“Doctor of Medicine (Pathology)”

MD (Pathology)

(This shall be a recognised medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at Belgaum

Institute of Medical Sciences, Belgaum on or after 2014).

Doctor of Medicine (Forensic Medicine)”

MD (Forensic Medicine)

(This shall be a recognised medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at Dr. BR

Ambedkar Medical College, Bangalore on or after 2015).

c) against “The Tamil Nadu Dr. M.G.R. Medical College University, Chennai” under the heading ‘Recognised

Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto

under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Master of Surgery (OBG)”

MS (OBG)

(This shall be a recognised medical qualification when

granted by The Tamil Nadu Dr. M.G.R. Medical College

University, Chennai in respect of students being trained at

Sri

Mookambika

Institute

of

Medical

Sciences,

Kulasekharan on or after 2015).

“Diploma in Tuberculosis & Chest Diseases”

DTCD

(This shall be a recognised medical qualification when

granted by The Tamil Nadu Dr. M.G.R. Medical College

University, Chennai in respect of students being trained at

Thanjavur Medical College, Thanjavur on or after 2014).

“Doctor of Medicine (Community Medicine)”

MD (Community Medicine)

(This shall be a recognised medical qualification when

granted by The Tamil Nadu Dr. M.G.R. Medical College

University, Chennai in respect of students being trained at

Kilpauk Medical College, Chennai on or after 2016).

II

(ii)

2297

“Doctor of Medicine (Forensic Medicine)”

MD (Forensic Medicine)

(This shall be a recognised medical qualification when

granted by The Tamil Nadu Dr. M.G.R. Medical College

University, Chennai in respect of students being trained at

Kilpauk Medical College, Chennai on or after 2016).

d) against “Dr. N.T.R. University of Health Sciences, Vijayawada” under the heading ‘Recognised Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of Medicine (Tuberculosis & Respiratory

Diseases/Pulmonary Medicine)

MS (Tuberculosis & Respiratory Diseases/Pulmonary

Medicine

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at

Medicity Institute of Medical Sciences, Ghanpur on or

after 2015).

“Master of Surgery (Ear, Nose & Throat)

MS (ENT)

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at

Medicity Institute of Medical Sciences, Ghanpur on or

after 2015).

“Doctor of Medicine/Master of Surgery (Anatomy)

MD/MS (Anatomy)

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at

Medicity Institute of Medical Sciences, Ghanpur on or

after 2015).

“Doctor of Medicine (Community Medicine)

MD (Community Medicine)

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at

Medicity Institute of Medical Sciences, Ghanpur on or

after 2014).

“Master of Surgery (OBG)

MS (OBG)

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at GSL

Medical College & GSL General Hospital, Lakshmipuram

on or after 2015).

Diploma in Gynaecology and Obstetrics

DGO

(This shall be a recognised medical qualification when

granted by Dr. N.T.R. University of Health Sciences,

Vijayawada in respect of students being trained at GSL

Medical College & GSL General Hospital, Lakshmipuram

on or after 2015).

2298

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

e) against “Dr. B R Ambedkar University, Agra” under the heading ‘Recognised Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of Medicine (Pharmacology)

MS (Pharmacology)

(This shall be a recognised medical qualification when

granted by Dr. B R Ambedkar University, Agra in respect

of students being trained at Rama Medical College and

Hospital, Kanpur on or after 2016).

“Doctor of Medicine/Master of Surgery (Anatomy)

MD/MS (Anatomy)

(This shall be a recognised medical qualification when

granted by Dr. B R Ambedkar University, Agra in respect

of students being trained at Rama Medical College and

Hospital, Kanpur on or after 2016).

f)

against “Amrita Vishwa Vidyapeetham University, Coimbatore” under the heading ‘Recognised Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Diploma in Physical Medicine & Rehabilitation

DPMR

(This shall be a recognised medical qualification when

granted by Amrita Vishwa Vidyapeetham University,

Coimbatore in respect of students being trained at Amrita

School of Medicine, AIMS, Kochi on or after 2014).

g) against “Santosh University, Ghaziabad” under the heading ‘Recognised Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (Pharmacology)

MD (Pharmacology)

(This shall be a recognised medical qualification when

granted by Santosh University, Ghaziabad in respect of

students being trained at Santosh Medical College,

Ghaziabad on or after 2011).

h) against “Tripura University” under the heading ‘Recognised Medical Qualification’ [hereinafter referred to as

column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for Registration’

[hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Master of Surgery (OBG)

MS (OBG)

(This shall be a recognised medical qualification when

granted by Tripura University in respect of students being

trained at Agartala Government Medical College, Agartala

on or after 2014).

i)

against “Bharati Vidyapeeth Deemed University, Pune” under the heading ‘Recognised Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

II

(ii)

2299

(20

(3)

“Doctor of Medicine (General Medicine)

MD (General Medicine)

(This shall be a recognised medical qualification when

granted by Bharati Vidyapeeth Deemed University, Pune

in respect of students being trained at Bharati Vidyapeeth

Medical College & Hospital, Sangli on or after 2014).

[No.U-12012/01/2017-ME-I (Pt-3)]

AMIT BISWAS, Under Secy.

िई‍ददल्‍ली,‍17‍फरवरी,‍2017‍

का.आ. 1042.—भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप-िारा‍(2)‍

द्वारा‍प्रदत्त‍शधियों‍का‍प्रयोग‍करते‍हुए,‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत्‍:-‍

उक्‍त‍प्रथम‍अिुसूची‍में‍:-‍

क) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍(2)‍ कहा‍गया‍ है]‍ शीषवक‍ के‍अिीि‍ ‘‘डॉ.‍ एिटीआर‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍धवजयवाडा,‍आंर‍प्रदेश’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍‘पंजीकरण‍के‍

धलए‍ संधिधिकरण’‍ ‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍

अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्‍:-‍

(2)

(3)

“धडप्लोमा‍इि‍फफ्थालमोलोजी”

डीएमआरडी

(यह‍एक‍मान्‍दयताप्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍आंर‍

मेधडकल‍ कॉलेज,‍ धवशाखापटिम,‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में‍ ‍ डॉ.एिटीआर‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश‍‍

द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि(टीबी‍एंड‍रेस्पीरेटरी‍मेधडधसि)”

एमडी(‍टीबी‍एंड‍रेस्पीरेटरी‍मेधडधसि)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

एमएिआर‍मेधडकल‍कॉलेज,‍सांगारेड्डी‍में‍प्रधशधित‍दकए‍गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ अथवा‍ बाद‍ में‍ डॉ.एिटीआर‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश‍‍

द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि (डीवीएल)”

एमडी‍(डीवीएल)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

शांधतराम‍ मेधडकल‍ कॉलेज‍ िंदयाल‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍के‍संबंि‍में‍मई,‍2015‍को‍या‍बाद‍में‍‍डॉ.एिटीआर‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍ आंर‍ प्रदेश‍‍

द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि (दफधजयॉलोजी)”

एमडी (दफधजयॉलोजी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

शादाि‍इंधस्टट्यूट‍मेधडकल‍सांइधसस,‍हैदराबाद‍में‍प्रधशधित‍

दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में‍‍

डॉ.एिटीआर‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍ धवजयवाडा,‍

आंर‍प्रदेश‍‍द्वारा‍प्रदत्त‍होगी।‍

2300

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

ख) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍गया‍ है]‍ शीषवक‍ के‍अिीि‍ ‘’राजीव‍ गांिी‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍बेंगलुरू’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍

अथावत्:-‍

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि(डीवीएल)”

एमडी‍(डीवीएल)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

एसडीएम‍ मेधडकल‍ सांइधसस‍ एंड‍ अस्पताल,‍ िारवाड,‍

किावटक‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍

या‍ बाद‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍

बेंगलुरू‍द्वारा‍प्रदत्त‍होगी।‍

“धडप्लोमा‍इि‍डमेटॉलोजी,‍वेिेरॉलोजी‍एंड‍लेपरसी”

डीडीवीएल

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

एसडीएम‍ मेधडकल‍ सांइधसस‍ एंड‍ अस्पताल,‍ िारवाड,‍

किावटक‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍

या‍ बाद‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍

बेंगलुरू‍द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि/मास्टर‍फफ‍सजवरी‍(अिाटमी)”

एमडी/एमएस (अिाटमी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

आददचंचिाधगठर‍ इंधस्टट्यूट‍ फफ‍

मेधडकल‍

सांइधसस,‍

बालगंगािरिाथ‍िगर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ 2015‍ को‍ या‍ बाद‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍

धवश्वधव्ालय,‍बेंगलुरू‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि (रेधडयो‍डॉयग्नोधसस)”

एमडी (रेधडयो‍डॉयग्नोधसस)

(यह‍एक‍मान्‍दयताप्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍एस‍

एस‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव‍ सेन्‍दटर,‍

दाविधगठर‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍

को‍ या‍ बाद‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍

बेंगलुरू‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि (एंडोदरम िॉलोजी)”

डीएम‍(एंडोदरम िॉलोजी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

वैदेही‍इंधस्टट्यूट‍फफ‍मेधडकल‍सांइधसस‍एंड‍ठरसचव‍सेन्‍दटर,‍

बेंगलुरू‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍को‍

या‍ बाद‍ राजीव‍ गांिी‍ स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,‍

बेंगलुरू‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍ फफ‍ मेधडधसि (टयुबरक्यूलोधसस‍ एंड‍ रेस्पीरेटरी‍

धडधसधसज/पल्मोिरी‍मेधडधसि)”

एमडी‍

(टयुबरक्यूलोधसस‍

एंड‍

रेस्पीरेटरी‍

धडधसधसज/पल्मोिरी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

राजाराजेश्वरी‍मेधडकल‍सांइधसस‍एंड‍अस्पताल,‍बेंगलुरू‍में‍

प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍

राजीव‍गांिी‍स्वास््य‍धवज्ञाि‍धवश्वधव्ालय,‍बेंगलुरू‍द्वारा‍

प्रदत्त‍होगी।

II

(ii)

2301

ग) ‘मान्‍द‍यताप्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘केरल‍ स्‍वास्‍्‍य‍

धवज्ञाि‍धवश्‍वधव्ालय,‍तृश्‍शूर’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकया‍ जाएगा,‍

अथावत्:-

(2)

(3)

“मास्टर‍फफ‍सजवरी (फफ्थालमोलोजी)”

एमएस (फफ्थालमोलोजी”)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

अकादमी‍ फफ‍ मेधडकल‍ सांइधसस,‍ पठरयारम,‍ कन्नूर‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍

केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍

होगी।‍

“डॉक्टर‍फफ‍मेधडधसि (फामावकालोजी)”

एमडी(फामावकालोजी)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

अकादमी‍ फफ‍ मेधडकल‍ सांइधसस,‍ पठरयारम,‍ कन्नूर‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍

केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍

होगी।‍

“धडप्लोमा‍इि‍फथोपीधडक्स”

डी.फथो.‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

टी.डी.मेधडकल‍ कॉलेज,‍ आलपुझा‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍

धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि/मास्टर‍फफ‍सजवरी‍(अिाटमी)”

एमडी/एमएस (अिाटमी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

टी.डी.मेधडकल‍ कॉलेज,‍ आलपुझा‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍

धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि (समुदाय‍धचदकत्सा)”

एमडी (समुदाय‍धचदकत्सा)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

गविवमेंट‍ मेधडकल‍ कॉलेज,‍ तृश्शूर‍ में‍ प्रधशधित‍ दकए‍ गए‍

छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍

धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

“मास्टर‍फफ‍सजवरी‍(जिरल‍सजवरी)”

एमएस (जिरल‍सजवरी)‍

(यह‍एक‍मान्‍दयताप्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍श्री‍

जुबली‍ धमशि‍ मेधडकल‍ कॉलेज‍ ट्रस्ट‍ एंड‍ ठरसचव‍ इंधस्टट्यूट,‍

धत्रवेन्‍दद्रम,‍ केरल‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍

2014‍को‍या‍बाद‍में‍केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍

तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

“मास्टर‍फफ‍सजवरी‍(फफ्थालमोलोजी)”

एमएस‍(फफ्थालमोलोजी)‍

(यह‍एक‍मान्‍दयताप्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍श्री‍

गोकुलम‍ मेधडकल‍ कॉलेज‍ ट्रस्ट‍ एंड‍ ठरसचव‍ फांउडेशि,‍

2302

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

धत्रवेन्‍दद्रम,‍ केरल‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍

2015‍को‍या‍बाद‍में‍केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍

तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

“डॉक्टर‍फफ‍मेधडधसि (एधिधस्थसीया)”

एमडी (एधिधस्थसीया)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

जुवली‍धमशि‍मेधडकल‍कॉलेज‍एंड‍ठरसचव‍इंधस्टट्यूट,केरल‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍

केरल‍स्वास््य‍धवज्ञाि‍‍धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍

होगी।‍

“डॉक्टर‍फफ‍मेधडधसि (पीधडयॉठट्रक्स)”

एमडी (पीधडयॉठट्रक्स)‍

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

पुष्पधगठर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव‍

सेन्‍दटर,धतरुवला,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ 2015‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍ धवज्ञाि‍‍

धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।‍

“धडप्लोमा‍इि‍चाइल्ड‍हैल्थ”

डीसीएच

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

पुष्पधगठर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव‍

सेन्‍दटर,‍धतरुवला,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ 2015‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍ धवज्ञाि‍‍

धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि/मास्टर‍फफ‍सजवरी‍(अिाटमी)”

एमडी/एमएस (अिाटमी)

‍(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

पुष्पधगठर‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव‍

सेन्‍दटर,‍धतरुवला,‍केरल‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍ 2015‍ को‍ या‍ बाद‍ में‍ केरल‍ स्वास््य‍ धवज्ञाि‍‍

धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।

घ) ‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’दद‍तधमलिाडु‍

स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍चेन्‍द‍िई’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍

अथावत्:-

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि‍(माइरम ोबॉयलोजी)”

एमडी (माइरम ोबॉयलोजी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

करपागा‍ धविायक‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ साइधसस‍

मदुरातांगम‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍

को‍या‍बाद‍में‍दद‍तधमलिाडु‍डॉ.एमजीआर‍मेधडकाल‍कॉलेज‍

धवश्वधव्ालय,‍चेन्नई‍द्वारा‍प्रदत्त‍होगी।‍

“मास्टर‍फफ‍सजवरी‍(जिरल‍सजवरी)”

एमएस‍(जिरल‍सजवरी)

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

ईएसआई-पीजीआईएमएसआर,‍ ईएसआई‍ अस्पताल‍ के‍ के‍

िगर,‍चेन्नई‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍

II

(ii)

2303

को‍या‍बाद‍में‍दद‍तधमलिाडु‍डॉ.एमजीआर‍मेधडकाल‍कॉलेज‍

धवश्वधव्ालय,‍चेन्नई‍द्वारा‍प्रदत्त‍होगी।‍

ङ) ‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’आयवभट्ट‍िाधलज‍

धवश्‍वधव्ालय,‍पटिा’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍

कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

डॉक्टर‍फफ‍मेधडधसि‍(दफधजयॉलोजी)”

एमडी (दफधजयॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

िालंदा‍मेधडकल‍कॉलेज,‍पटिा‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍

के‍ संबंि‍ में‍ 2014‍ को‍ या‍ बाद‍ में‍ आयव‍ भट्ट‍ िाधलज‍‍

धवश्वधव्ालय,‍पटिा‍द्वारा‍प्रदत्त‍होगी।‍

च) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘‘ददल्‍ली‍

धवश्‍वधव्ालय,‍ददल्‍ली’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍

कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“मास्टर‍फफ‍सजवरी (अब्स्टस्टेठट्रक्स/गाइिकालजी)”

एमएस (ओबीजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

आमी‍अस्पताल‍ठरसचव‍एंड‍रेफ्रल,‍िई‍ददल्ली‍ में‍प्रधशधित‍

दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में‍ ददल्ली‍

धवश्वधव्ालय,‍ददल्ली‍द्वारा‍प्रदत्त‍होगी।‍

छ) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’चौ.‍चरण‍ससंह‍

धवश्‍वधव्ालय,’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम‍

(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“डाक्टर‍फफ‍मेधडधसि (माइरम ोबायलोजी)”

एमडी (माइरम ोबायलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

सरस्वती‍ इंधस्टट्यूट‍ फफ‍ मेधडकल‍ सांइधसस,हापुड‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍को‍या‍बाद‍में‍

चौ.चरण‍ससंह‍धवश्वधव्ालय‍द्वारा‍प्रदत्त‍होगी।‍

ज) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’महाराष्‍ट्र‍‍स्‍वास्‍्‍य‍

धवज्ञाि‍ धवश्‍वधव्ालय,‍ िाधसक,‍ महाराष्‍ट्र’’‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्‍चात‍ और‍ पंजीकरण‍ के‍ धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍

दकया‍जाएगा,‍अथावत्:-

(2)

(3)

““मास्टर‍फफ‍सजवरी (अब्स्टस्टेठट्रक्स/गाइिकालजी)”

एमएस (ओबीजी)

(यह‍एक‍मान्‍दयता‍प्राि‍आयुर्ववज्ञाि‍अहवता‍होगी‍जब‍यह‍केजे‍

सोमैया‍मेधडकल‍कॉलेज‍एंड‍ठरसचव‍सेन्‍दटर,मुंबई‍में‍प्रधशधित‍

2304

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में‍महाराष्ट्र‍

स्वास््य‍ धवज्ञाि‍ धवश्वधव्ालय,िाधसक,‍ महाराष्ट्र‍ द्वारा‍

प्रदत्त‍होगी।‍

झ) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’धत्रपुरा‍

धवश्‍वधव्ालय,‍अगरतला’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (जिरल‍मेधडधसि)”

एमडी (जिरल‍मेधडधसि‍)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

अगरतला‍गविवमेंट‍ मेधडकल‍ कॉलेज‍अगरतला‍ में‍ प्रधशधित‍

दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ या‍ बाद‍ में‍ धत्रपुरा‍

धवश्वधव्ालय,अगरतला‍द्वारा‍प्रदत्त‍होगी।‍

ञ) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’वीर‍ िरमद‍

दधिणी‍गुजरात‍धवश्‍वधव्ालय’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकया‍ जाएगा,‍

अथावत्:-

(2)

(3)

“डॉक्टर‍ फफ‍ मेधडधसि (टयुबरक्यूलोधसस‍ एंड‍ रेस्पीरेटरी‍

धडधसधसज/‍पल्मोिरी‍मेधडधसि)”

एमडी

(टयुबरक्यूलोधसस‍ एंड‍ रेस्पीरेटरी‍ धडधसधसज/‍

पल्मोिरी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

सूरत‍म्युधिधसधपल‍इंधस्टट्यूट‍फफ‍मेधडकल‍एज्युकेशि‍एंड‍

ठरसचव,‍सूरत‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍

को‍या‍बाद‍में‍वीर‍िरमद‍दधिणी‍गुजरात‍धवश्वधव्ालय‍

द्वारा‍प्रदत्त‍होगी।

ट) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’शारदा‍

धवश्‍वधव्ालय,‍ग्रेटर‍िोएडा’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (दफधजयॉलोजी)”

एमडी (दफधजयॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

स्कूल‍ फफ‍ मेधडकल‍ सांइधसस‍ एंड‍ ठरसचव,‍ ग्रेटर‍ िोएडा‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍को‍या‍बाद‍में‍

शारदा‍ धवश्वधव्ालय,‍ग्रेटर‍िोएडा‍द्वारा‍प्रदत्त‍होगी।

ि) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’कुमांयू‍

धवश्‍वधव्ालय,‍िैिीताल’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

II

(ii)

2305

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (फामावकॉलोजी)”

एमडी (फामावकॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

गविवमेंट‍ मेधडकल‍ कॉलेज(पूवव‍ उत्तराखंड‍ फॉरेस्ट‍ अस्पताल‍

ट्रस्ट‍मेधडकल‍कॉलेज)‍हल्दवािी‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍

के‍ संबंि‍ में‍ 2016‍ को‍ या‍ बाद‍ में‍ कुमांयु‍ धवश्वधव्ालय,‍

िैिीताल‍द्वारा‍प्रदत्त‍होगी।

ड) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’भारती‍धव्ापीि‍

डीम्‍ड‍धवश्‍वधव्ालय,‍पुणे’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकयाजाएगा,‍अथावत्:-

(2)

(3)

“मास्टर‍फफ‍सजवरी‍(फथोपीधडक्स)”

एमडी (फथोपीधडक्स)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

भारती‍धव्ापीि‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍सांगली‍में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2014‍को‍या‍बाद‍में‍

भारती‍ धव्ापीि‍ डीम्ड‍ धवश्वधव्ालय,‍ पुणे‍ द्वारा‍ प्रदत्त‍

होगी।

ढ) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’तीथंकर‍महावीर,‍

धवश्‍वधव्ालय,‍मुरादाबाद’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकयाजाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (कम्युधिटी‍मेधडधसि)”

एमडी (कम्युधिटी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

तीथवकर‍ महावीर‍ मेधडकल‍ कॉलेज‍ एंड‍ ठरसचव‍ सेन्‍दटर,‍ ,‍

मुरादाबाद‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍

को‍या‍बाद‍में‍तीथंकर‍महावीर,‍धवश्वधव्ालय,‍मुरादाबाद‍

द्वारा‍प्रदत्त‍होगी।

ण) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’सधवता‍

धवश्‍वधव्ालय‍(डीम्‍ड),‍चेन्‍द‍िई’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकयाजाएगा,‍

अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (फामावकॉलोजी)”

एमडी (फामावकॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

सधवता‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ कांचीपुरम,‍

तधमलिाडु‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍

को‍ या‍ बाद‍ में‍ सधवता‍ धवश्वधव्ालय‍ (डीम्ड)‍ चेन्नई‍ द्वारा‍

प्रदत्त‍होगी।

2306

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[PART II—SEC. 3(ii)]

त) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’एसआरएम‍

धवश्‍वधव्ालय,‍चेि्‍िई’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍आगे‍

कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (जिरल‍मेधडधसि)”

एमडी (जिरल‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

एसआरएम‍ मेधडकल‍ कॉलेज‍ अस्पताल‍ एंड‍ ठरसचव‍ ‍ सेन्‍दटर,‍

कांचीपुरम,‍तधमलिाडु‍में‍प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍

में‍2015‍को‍या‍बाद‍ में‍एसआरएम‍धवश्वधव्ालय,‍चेन्नई‍

द्वारा‍प्रदत्त‍होगी।

थ) ‘मान्‍द‍यता‍ प्राप्‍त‍ आयुर्ववज्ञाि‍ अहवता’‍ [धजसे‍ इसके‍ आगे‍ कालम‍ (2)‍ कहा‍ गया‍ है]‍ शीषवक‍ के‍ अिीि‍ ‘’गीतांजधल‍

धवश्‍वधव्ालय,‍उदयपुर’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍इसके‍

आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (अिॉटमी)”

एमडी (अिॉटमी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

गीतांजधल‍ मेधडकल‍ कॉलेज‍ एंड‍ अस्पताल,‍ उदयपुर,‍ में‍

प्रधशधित‍दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍को‍या‍बाद‍में‍

गीतांजधल‍धवश्वधव्ालय,‍उदयपुर‍द्वारा‍प्रदत्त‍होगी।

द) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’एमजेपी‍रूहेलखंड‍

धवश्‍वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश’’‍के‍सामिे‍अंधतम‍प्रधवधि‍के‍पश्‍चात‍और‍पंजीकरण‍के‍धलए‍संधिधिकरण’‍[धजसे‍

इसके‍ आगे‍ कालम‍ (3)‍ कहा‍ गया‍ है]‍ से‍ संबंधित‍ प्रधवधि‍ के‍ संबंि‍ में‍ धिम्‍िधलधखत‍ अंत:स्‍थाधपत‍ दकयाजाएगा,‍

अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (साइदकएट्री)”

एमडी (साइदकएट्री)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रूहेलखंड‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍बरेली‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍रूहेलखंड‍

धवश्वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि (रेधडयो-डॉयग्नोधसस/रेधडयोलॉजी)”

एमडी (रेधडयो-डॉयग्नोधसस/रेधडयोलॉजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रूहेलखंड‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍बरेली‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍रूहेलखंड‍

धवश्वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।

“मास्टर‍फफ‍सजवरी (अब्स्टस्टेठट्रक्स/गाइिकालजी)”

एमडी (ओबीजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रूहेलखंड‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍बरेली‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2016‍को‍या‍बाद‍में‍रूहेलखंड‍

धवश्वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।

II

(ii)

2307

“मास्टर‍फफ‍सजवरी (पैथॉलोजी)”

एमडी (पैथॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रूहेलखंड‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍बरेली‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍रूहेलखंड‍

धवश्वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।

“धडप्लोमा‍इि‍पैथॉलोजी”

डीसीपी

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

रूहेलखंड‍मेधडकल‍कॉलेज‍एंड‍अस्पताल,‍बरेली‍में‍प्रधशधित‍

दकए‍गए‍छात्रों‍के‍संबंि‍में‍2015‍को‍या‍बाद‍में‍रूहेलखंड‍

धवश्वधव्ालय,‍बरेली,‍उत्तर‍प्रदेश‍द्वारा‍प्रदत्त‍होगी।

ि) ‘मान्‍द‍यता‍प्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍शीषवक‍के‍अिीि‍‘’एिआईएमएस‍

धवश्‍वधव्ालय‍ (डीम्‍ड‍ धवश्‍वधव्ालय),‍ जयपुर’’‍ के‍ सामिे‍ अंधतम‍ प्रधवधि‍ के‍ पश्‍चात‍ और‍ पंजीकरण‍ के‍ धलए‍

संधिधिकरण’‍[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍

दकयाजाएगा,‍अथावत्:-

(2)

(3)

“डॉक्टर‍फफ‍मेधडधसि (अिीस्थीधसया)”

एमडी (अिीस्थीधसया)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

िेशिल‍इंधस्टट्यूट‍फफ‍मेधडकल‍साईंस‍एंड‍ठरसचव,‍जयपुर‍

में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍

एिआईएमएस‍धवश्वधव्ालय(डीम्ड‍धवश्वधव्ालय),‍जयपुर‍

द्वारा‍प्रदत्त‍होगी।

“मास्टर‍फफ‍सजवरी (ईएिटी)”

एमएस (ईएिटी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

िेशिल‍इंधस्टट्यूट‍फफ‍मेधडकल‍साईंस‍एंड‍ठरसचव,‍जयपुर‍

में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍

एिआईएमएस‍धवश्वधव्ालय(डीम्ड‍धवश्वधव्ालय),‍जयपुर‍

द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍फफ‍मेधडधसि‍(पैथॉलोजी)”

एमडी (पैथॉलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

िेशिल‍इंधस्टट्यूट‍फफ‍मेधडकल‍साईंस‍एंड‍ठरसचव,‍जयपुर‍

में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍

एिआईएमएस‍धवश्वधव्ालय(डीम्ड‍धवश्वधव्ालय),‍जयपुर‍

द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍

फफ‍

मेधडधसि/मास्टर‍

फफ‍

सजवरी‍

(फप्थालमोलोजी)”

एमडी/एमएस (फप्थालमोलोजी)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

िेशिल‍इंधस्टट्यूट‍फफ‍मेधडकल‍साईंस‍एंड‍ठरसचव,‍जयपुर‍

में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2014‍ को‍ या‍

एिआईएमएस‍धवश्वधव्ालय(डीम्ड‍धवश्वधव्ालय),‍जयपुर‍

द्वारा‍प्रदत्त‍होगी।

“डॉक्टर‍

फफ‍

मेधडधसि(सोशल‍

एंड‍

धप्रवेंठटव‍

मेधडधसि/कम्युधिटी‍मेधडधसि)”

एमडी‍(सोशल‍एंड‍धप्रवेंठटव‍मेधडधसि/कम्युधिटी‍मेधडधसि)

(यह‍ एक‍ मान्‍दयता‍ प्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

2308

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िेशिल‍इंधस्टट्यूट‍फफ‍मेधडकल‍साईंस‍एंड‍ठरसचव,‍जयपुर‍

में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍ 2015‍ को‍ या‍

एिआईएमएस‍

धवश्वधव्ालय‍

(डीम्ड‍

धवश्वधव्ालय),‍

जयपुर‍द्वारा‍प्रदत्त‍होगी।

[फा.‍सं.‍यू-12012/01/2017-एमई-I‍(पाटव-2)]

डी.‍वी.‍के.‍राव,‍अवर‍सधचव‍

New Delhi, the 17th February, 2017

S.O. 1042.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act, namely:-

In the said Schedule -

(a)

against “Dr. NTR University of Health Sciences, Vijaywada, Andhra Pradesh”, under the heading

‘Recognized Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry

relating thereto under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)],

the following shall be inserted, namely:-

(2)

(3)

“Diploma in Ophthalmology”

DMRD

(This shall be a recognized medical qualification when

granted by Dr. NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being

trained at Andhra Medical College, Visakhapatnam on or

after 2015).

“Doctor of Medicine (TB& Respiratory Medicine)

MD (TB & Respiratory Medicine)

(This shall be a recognized medical qualification when

granted by Dr. NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being

trained at MNR Medical College, Sangareddy on or after

2015).

“Doctor of Medicine (DVL)”

MD (DVL)

(This shall be a recognized medical qualification when

granted by Dr. NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being

trained at Santhiram Medical College, Nandyal on or after

2015).

“Doctor of medicine (Physiology)”

MD(Physiology)

(This shall be a recognized medical qualification when

granted by Dr. NTR University of Health Sciences,

Vijaywada, Andhra Pradesh in respect of students being

trained at Shadan Institute of Medical Sciences,

Hyderabad on or after 2016).

(b)

against “Rajiv Gandhi University of Health Sciences, Bangalore”, under the heading ‘Recognized

Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the

following shall be inserted, namely:-

II

(ii)

2309

(2)

(3)

“Doctor of Medicine (DVL)

MD (DVL)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at SDM

College of Medical Sciences & Hospital, Dharwad,

Karnataka on or after 2014).

”Diploma in Dermatology Venerology & Leprosy”

DDVL

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at SDM

College of Medical Sciences & Hospital, Dharwad,

Karnataka on or after 2014).

“Doctor of Medicine/Master of Surgery (Anatomy)”

MD/MS (Anatomy)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at

Adichunchanagiri

Institute

of

Medical

Sciences,

Balagangadharanath Nagar on or after 2015).

“Doctor of Medicine (Radio Diagnosis)”

MD ( Radio Diagnosis)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at S S

Institute of Medical Sciences & Research Centre,

Davangere on or after 2015).

“Doctor of Medicine (Endocrinology)

DM (Endocrinology)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at Vydehi

Institute of Medical Sciences & Research Centre,

Bangalore on or after 2016).

“Doctor of Medicine (Tuberculosis & Respiratory

Diseases / Pulmonary Medicine)

MD (Tuberculosis & Respiratory Diseases/ Respiratory

Diseases/ Pulmonary Medicine)

(This shall be a recognized medical qualification when

granted by Rajiv Gandhi University of Health Sciences,

Bangalore in respect of students being trained at

Rajarajeswari Medical College & Hospital, Bangalore on

or after 2016).

(c) against “Kerala University of Health Sciences, Thrissur”, under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Master of Surgery (Ophthalmology)”

MS (Ophthalmology)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Academy of

Medical Sciences, Pariyaram, Kannur on or after 2015).

2310

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

“Doctor of Medicine (Pharmacology)”

MD (Pharmacology)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at M E S Medical

College, Perintalmanna Malappuram Distt. Kerala on or

after 2015).

“Diploma in Orthopaedics”

D. Ortho

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at T.D Medical

College, Alappuzha on or after 2014).

“Doctor of Medicine/ Master of Surgery (Anatomy)

MD/MS (Anatomy)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at T.D Medical

College, Alappuzha on or after 2016).

“Doctor of Medicine (Community Medicine)”

MD (Community Medicine)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Government

Medical College, Thrissur on or after 2015).

“Master of Surgery(General Surgery)”

MS (General Surgery)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Sri Gokulam

Medical

College

Trust

&

Research

Foundation,

Trivandrum, Kerala on or after 2014).

“Master of Surgery (Ophthalmology)’’

MS (Opthalmology)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Jubilee Mission

Medical College & Research Institute, Kerala on or after

2015).

“Doctor of Medicine (Anaesthesia)”

MD (Anaesthesia)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Jubilee Mission

Medical College & Research Institute, Kerala on or after

2015).

“Doctor of Medicine (Paediatrics)”

MD (Paediatrics)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Pushpagiri Institute

of Medical Sciences and Research Centre, Tiruvalla,

Kerala on or after 2015).

“Diploma in Child Health”

DCH

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Pushpagiri Institute

II

(ii)

2311

of Medical Sciences and Research Centre, Tiruvalla,

Kerala on or after 2015).

“Doctor of Medicine/ Master of Surgery (Anatomy)’’

MD/MS (Anatomy)

(This shall be a recognized medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Pushpagiri Institute

of Medical Sciences and Research Centre, Tiruvalla,

Kerala on or after 2015).

(d) against “The Tamil Nadu Dr. MGR Medical College University, Chennai”, under the heading ‘Recognized

Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto

under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall

be inserted, namely:-

(2)

(3)

“Doctor of Medicine (Microbiology)”

MD (Microbiology)

(This shall be a recognized medical qualification when

granted by The Tamil Nadu Dr. MGR Medical College

University, Chennai in respect of students being trained at

Karpaga

Vinayaga

Institute

of

Medical

Sciences,

Maduranthagam on or after 2016).

“Master of Surgery(General Surgery)”

MS (General Surgery)

(This shall be a recognized medical qualification when

granted by The Tamil Nadu Dr. MGR Medical College

University, Chennai in respect of students being trained at

ESI-PGIMSR, ESI Hospital, K.K Nagar, Chennai on or

after 2015).

(e) against “Arya Bhatta Knowledge University, Patna ”, under the heading ‘Recognized Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of medicine (Physiology)”

MD (Physiology)

(This shall be a recognized medical qualification

when granted by Arya Bhatta Knowledge University,

Patna in respect of students being trained at Nalanda

Medical College, Patna on or after 2014).

(f) against “Delhi University, Delhi”, under the heading ‘Recognized Medical Qualification’ [hereinafter referred

to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Master of Surgery (Obstetrics & Gynaecology)”

MS (OBG)

(This shall be a recognized medical qualification when

granted by Delhi University, Delhi in respect of students

being trained at Army Hospital Research & Referral, New

Delhi on or after 2015).

2312

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

(g) against “Ch. Charan Singh University”, under the heading ‘Recognized Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (Microbiology)”

MD (Microbiology)

(This shall be a recognized medical qualification when

granted by Ch. Charan Singh University in respect of

students being trained at Saraswati Institute of Medical

Sciences, Hapur on or after 2016).

(h) against “Maharashtra University of Health Sciences, Nashik, Maharashtra”, under the heading ‘Recognized

Medical Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto

under the heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall

be inserted, namely:-

(2)

(3)

“Master of Surgery (Obstetrics & Gynaecology)”

MS (OBG)

(This shall be a recognized medical qualification when

granted by Maharashtra University of Health Sciences,

Nashik, Maharashtra in respect of students being trained at

KJ Somaiyya Medical College & Research Centre,

Mumbai on or after 2014).

(i) against “Tripura University, Agartala”, under the heading ‘Recognized Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (General Medicine)”

MD (General Medicine)

(This shall be a recognized medical qualification when

granted by Tripura University, Agartala in respect of

students being trained at Agartala Govt. Medical College,

Agartala, Tripura on or 2015).

(j) against “Veer Narmad South Gujarat University”, under the heading ‘Recognized Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of Medicine (Tuberculosis & Respiratory

Diseases / Pulmonary Medicine”

MD (Tuberculosis & Respiratory Diseases / Pulmonary

Medicine)

(This shall be a recognized medical qualification when

granted by Veer Narmad South Gujarat University in

respect of students being trained at Surat Municipal

Institute of Medical Education & Research, Surat on or

after 2015).

(k) against “Sharda University, Greater Noida”, under the heading ‘Recognized Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

II

(ii)

2313

(2)

(3)

“Doctor of medicine (Physiology)”

MD (Physiology)

This shall be a recognized medical qualification when

granted by Sharda University, Greater Noida in respect of

students being trained at School of Medical Sciences &

Research, Greater Noida on or after 2016).

(l) against “Kumaon University, Nainital”, under the heading ‘Recognized Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of medicine (Pharmacology)”

MD (Pharmacology)

(This shall be a recognized medical qualification when

granted by Kumaon University, Nainital in respect of

students being trained at Govt. Medical College (Prev.

Uttarakhand Forest Hospital Trust Med.Col.), Haldwani

on or after 2016).

(m) against “Bharati Vidyapeeth Deemed University, Pune”, under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Master of Surgery (Orthopaedics)”

MS (Orthopaedics)

(This shall be a recognized medical qualification when

granted by Bharati Vidyapeeth Deemed University, Pune

in respect of students being trained at Bharati Vidyapeeth

Medical College & Hospital, Sangli on or after 2014).

(n) against “Teerthanker Mahaveer University, Moradabad”, under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Doctor of Medicine (Community Medicine)”

MD (Community Medicine)

(This shall be a recognized medical qualification when

granted by Teerthanker Mahaveer University, Moradabad

in respect of students being trained at Teerthanker

Mahaveer Medical College and Research Centre,

Moradabad on or after 2016).

(o) against “Saveetha University (Deemed), Chennai”, under the heading ‘Recognized Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of medicine (Pharmacology)”

MD (Pharmacology)

(This shall be a recognized medical qualification when

granted by Saveetha University (Deemed), Chennai in

2314

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

respect of students being trained at Saveetha Medical

College and Hospital, Kanchipuram, Tamilnadu on or

after 2016).

(p) against “SRM University, Chennai”, under the heading ‘Recognized Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (General Medicine)”

MD (General Medicine)

(This shall be a recognized medical qualification when

granted by SRM University, Chennai in respect of

students being trained at SRM Medical College Hospital

& Research Centre, Kancheepuram on or after 2015).

(q) against “Geetanjali University, Udaipur”, under the heading ‘Recognized Medical Qualification’ [hereinafter

referred to as column (2) ], after the last entry and entry relating thereto under the heading ‘Abbreviation for

Registration’ [hereinafter referred to as column (3)], the following shall be inserted, namely:-

(2)

(3)

“Doctor of Medicine (Anatomy)”

MD (Anatomy)

(This shall be a recognized medical qualification when

granted by Geetanjali University, Udaipur in respect of

students being trained at Geetanjali Medical College &

Hospital, Udaipur on or after 2016).

(r) against “MJP Rohilkhand University, Bareilly, U.P.”, under the heading ‘Recognized Medical Qualification’

[hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the heading

‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be inserted,

namely:-

(2)

(3)

“Doctor of Medicine (Psychiatry)”

MD (Psychiatry)

(This shall be a recognized medical qualification when

granted by Rohilkhand University, Bareilly, U.P in

respect of students being trained at Rohilkhand Medical

College & Hospital, Barielly on or after 2015).

“Doctor of Medicine (Radio-Diagnosis/ Radiology)

MD (Radio-Diagnosis/Radiology)

(This shall be a recognized medical qualification when

granted by Rohilkhand University, Bareilly, U.P in

respect of students being trained at Rohilkhand Medical

College & Hospital, Barielly on or after 2016).

“Master of Surgery (Obstetrics & Gynaecology)”

MS (OBG)

(This shall be a recognized medical qualification when

granted by Rohilkhand University, Bareilly, U.P in

respect of students being trained at Rohilkhand Medical

College & Hospital, Barielly on or after 2016).

“Doctor of Medicine (Pathology)

MD (Pathology)

(This shall be a recognized medical qualification when

granted by Rohilkhand University, Bareilly, U.P in

respect of students being trained at Rohilkhand Medical

College & Hospital, Barielly on or after 2015).

II

(ii)

2315

“Diploma in Clinical Pathology’’

DCP

(This shall be a recognized medical qualification when

granted by Rohilkhand University, Bareilly, U.P in

respect of students being trained at Rohilkhand Medical

College & Hospital, Barielly on or after 2015).

(s) against “NIMS University (Deemed University), Jaipur”, under the heading ‘Recognized Medical

Qualification’ [hereinafter referred to as column (2) ], after the last entry and entry relating thereto under the

heading ‘Abbreviation for Registration’ [hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Doctor of Medicine (Anaesthesia)”

MD (Anaesthesia)

(This shall be a recognized medical qualification when

granted by NIMS University (Deemed University), Jaipur

in respect of students being trained at National Institute of

Medical Science & Research, Jaipur on or after 2014).

“Master of Surgery (ENT)”

MS (ENT)

(This shall be a recognized medical qualification when

granted by NIMS University (Deemed University), Jaipur

in respect of students being trained at National Institute of

Medical Science & Research, Jaipur on or after 2014).

“Doctor of Medicine (Pathology)”

MD (Pathology)

(This shall be a recognized medical qualification when

granted by NIMS University (Deemed University), Jaipur

in respect of students being trained at National Institute of

Medical Science & Research, Jaipur on or after 2014).

“Doctor of Medicine/ Master of surgery (Ophthalmology)” MD/MS (Ophthalmology)

(This shall be a recognized medical qualification when

granted by NIMS University (Deemed University), Jaipur

in respect of students being trained at National Institute of

Medical Science & Research, Jaipur on or after 2014).

“Doctor of Medicine (Social & Preventive Medicine /

Community Medicine)

MD (Social & Preventive Medicine / Community

Medicine)

(This shall be a recognized medical qualification when

granted by NIMS University (Deemed University), Jaipur

in respect of students being trained at National Institute of

Medical Science & Research, Jaipur on or after 2015).

[No. U-12012/01/2017-ME-I (Pt-2)]

D.V.K. RAO, Under Secy.

िई‍ददल्‍ली,‍28‍माचव,‍2017‍

का.आ. 1043.—भारतीय‍‍आयुर्ववज्ञाि‍पठरषद्‍अधिधियम,‍1956‍(1956‍का‍102)‍की‍िारा‍11‍की‍उप‍िारा‍

(2)‍द्वारा‍प्रदत्तशधियों‍का‍प्रयोग‍करते‍हुए‍केन्‍द‍द्र‍सरकार,‍भारतीय‍आयुर्ववज्ञाि‍पठरषद्‍से‍परामशव‍करके‍उक्‍त‍अधिधियम‍की‍

प्रथम‍अिुसूची‍में,‍धिम्‍िधलधखत,‍और‍संशोिि‍करती‍है,‍अथावत्:-‍

2316

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

उक्‍त‍प्रथम‍अिुसूची‍में‍‘मान्‍द‍यताप्राप्‍त‍आयुर्ववज्ञाि‍अहवता’‍शीषवक‍के‍अिीि‍[धजसे‍इसके‍आगे‍कालम‍(2)‍कहा‍गया‍है]‍‘‘केरल‍

स्‍वास्‍्‍य‍स्‍वास्‍्‍य‍धवज्ञाि‍धवश्‍वधव्ालय,‍तृश्‍शूर’’‍के‍सामिे‍अंधतम‍प्रधवधि के‍पश्‍चात‍और‍‘पंजीकरण के‍धलए‍संधिधिकरण’‍

[धजसे‍इसके‍आगे‍कालम‍(3)‍कहा‍गया‍है]‍से‍संबंधित‍प्रधवधि‍के‍संबंि‍में‍धिम्‍िधलधखत‍अंत:स्‍थाधपत‍दकया‍जाएगा,‍अथावत्:-‍

(2)‍

(3)‍

बेचलर‍फफ‍मेधडधसि‍और‍बेचलर‍फफ‍सजवरी

एम.बी.बी.एस.

(यह‍ एक‍ मान्‍दयताप्राि‍ आयुर्ववज्ञाि‍ अहवता‍ होगी‍ जब‍ यह‍

मालाबार‍ मेधडकल‍ कॉलेज‍ एंड‍ ठरसचव‍ सेंटर‍ कालीकट,‍

कोल्लम,‍ केरल‍ में‍ प्रधशधित‍ दकए‍ गए‍ छात्रों‍ के‍ संबंि‍ में‍

अप्रैल,‍2015‍को‍या‍बाद‍में‍150‍एमबीबीएस‍छात्र‍वार्षवक‍‍

प्रवेश‍

िमता‍

के‍

साथ,,‍

केरल‍

स्वास््य‍

धवज्ञाि‍‍

धवश्वधव्ालय,‍तृश्शूर‍‍द्वारा‍प्रदत्त‍होगी।

िोट:‍1.‍ अ्ोस्‍िातक‍कोसव‍को‍दी‍गई‍टसी‍मान्‍द‍यता‍अधिकतम‍5‍वषव‍के‍धलए‍होगी‍और‍उसके‍बाद‍इसका‍िवीकरण‍

करवािा‍होगा।‍

2.‍ मान्‍द‍यता‍के‍‘िवीकरण’‍की‍‍प्रदरम या‍‍वही‍होगा‍जो‍मान्‍द‍यता‍प्रदाि‍करिे‍के‍धलए‍लागू‍होती‍है।‍

3.‍ उपठरकधथत‍ उप‍ खंड‍ (क)‍ में‍ यथा-अपेधित‍ मान्‍द‍यता‍ का‍ समय‍ से‍ िवीकरण‍ करवािे‍ में‍ धवफल‍ रहिे‍ पर,‍

पठरणामस्‍वरूप,‍धिरपवाद‍रूप‍से,‍उक्‍त‍संस्‍थाि/मेधडकल‍कॉलेज‍में‍संबंधित एमबीबीएस‍अ्ोस्‍िातक‍कोसव‍में‍

प्रवेश‍बंद‍हो‍जाएगा।

[फा.‍सं.‍यू-12012/79/2015-एमई-I‍(एफटीएस-137823)]

डी.‍वी.‍के.‍राव,‍अवर‍सधचव‍

New Delhi, the 28th March, 2017

S.O. 1043.—In exercise of the powers conferred by sub-section (2) of the section 11 of the Indian Medical

Council Act, 1956 (102 of 1956), the Central Government, after consulting the Medical Council of India, hereby makes

the following further amendments in the First Schedule to the said Act.

In the said First Schedule after “Kerala University of Health Sciences, Thrissur” and under the heading

‘Recognised Medical Qualification’ [Hereinafter referred to as column (2)], after the last entry and entry relating

thereto under the heading ‘Abbreviation for Registration’[hereinafter referred to as column (3)], the following shall be

inserted, namely:-

(2)

(3)

“Bachelor of Medicine and Bachelor of Surgery”

M.B.B.S.

(This shall be a recognised medical qualification when

granted by Kerala University of Health Sciences, Thrissur

in respect of students being trained at Malabar Medical

College & Research Centre, Calicut, Kerala with annual

intake of 150 MBBS students on or after April, 2015.)

Note : 1. The recognition so granted to an undergraduate Course for award of MBBS degree shall be for a maximum

period of 5 years, upon which it shall have to be renewed.

2. The procedure for ‘Renewal’ of recognition shall be same as applicable for the award for recognition.

3. Failure to seek timely renewal of recognition as required shall invariably result in stoppage of

admissions to the concerned undergraduate Course.

[F. No. U-12012/79/2015-ME-I (FTS.137823)]

D.V.K. RAO, Under Secy.

II

(ii)

2317

उपभोिा‍मामले,‍खा्‍और‍साववजधिक‍धवतरण‍मंत्रालय

(उपभोिा‍मामले‍धवभाग)

(भारतीय‍मािक‍ब्स्टयूरो)

िई‍ददल्ली,‍9‍फरवरी,‍2017‍

का.आ. 1044.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍पता भारतीय‍मािक‍का‍शीषव भा‍ मा‍ ‍ सं‍ (भाग/

अिुभाग)‍: वषव

1.

6500012090

20160201

मेससव‍सीटो‍पम्प्स‍कंपिी

सं.101-D, सुपर‍ ग्रुप‍ फफ‍

कंपिीस‍

कम्पाउन्‍दड,‍

धचन्नावेदमपट्टी,‍

कोयम्बत्तूर‍

– 641 049

कृधष‍एवं‍जल‍आपूर्तव‍के‍

धलए‍साफ‍और‍िंडे‍पािी‍

के‍ धबजली‍ के‍ मोिोसेट‍

पम्प

IS 9079 : 2002

2.

6500012292

20160201

मेससव‍एस‍पी‍एक्‍वा

एस‍एफ‍सं. 190/1, 191/2,

191/3, उप्पु‍तोट्टम,

मिापुर‍गााँव,‍

पल्लडम‍– 641 664

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

3.

6500012191

20160202

मेससव‍आर‍आर‍एग्रो‍फाम्सव

2/751,

िाटुवि‍

तोट्टम,‍

तोट्टमपट्टी‍पोस्ट,‍

मिापुर,‍पल्लडम‍

– 641 664

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

4.

6500012393

20160204

मेससव‍

श्री‍

कन्‍ददि‍

इंजीधियररंग

सं.‍6, 8वााँ सडक, िरिी‍िगर‍

एक्स्टेंशि,

गणपधतपुदुर,‍

गणपधत,‍

कोयम्बत्तूर‍– 641 006

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

5.

6500012494

20160208

मेससव‍मेकला‍ज्वेलसव

दुकाि‍ सं. 11, पंचायत‍

कॉम्प्लेक्स,

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

IS 2112 : 2014

2318

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

गााँिी‍पुतले‍के‍सामिे,

‍गूडलूर‍– 643 212

मुहरांकि

6.

6500012595

20160208

मेससव‍अरधवन्‍दद‍इंडस्ट्रीस‍

द. सं. 2, 4, एस‍एफ‍सं. 41,

1B, 2B,

श्री‍ ििम‍ िगर,‍ वी‍ आई‍ पी‍

गाडवि‍के‍सामिे,‍

मैलमपट्टी‍ पोस्ट,‍ िीलम्पूर,‍

सुलूर‍

(तालुक)‍

ब्स्टलॉक,‍

कोयम्बत्तूर‍– 641 062

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

7.

6500012696

20160212

मेससव‍लौरा‍पम्प्स

119-A, मुधियप्पि‍ कोइल‍

तोट्टम,‍

गणपधत‍

पोस्ट,‍

कोयम्बत्तूर‍– 641 006

धिम्मजिीय‍ पम्पसेट के‍

धलए मोटर

IS 9283 : 2013

8.

6500012797

20160222

मेससव‍महादेव‍इंडस्ट्रीस‍

द. सं. 503A/366, इंददरा‍

गााँिी‍सडक,‍वी.के.‍रोड,‍

पीलामेडु,‍

कोयम्बत्तूर‍

-

641004.

साफ,‍िंडे‍पािी‍के‍धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍

पम्प

IS 8472 : 1998

9.

6500012898

20160223

मेससव‍एधशया‍इंजीधियररंग

एस‍एफ‍सं. 328, कालापट्टी‍

रोड,‍पीलामेडु,

कोयम्बत्तूर‍– 641 048.

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

10. 6500012999

20160229

मेससव‍ मेक‍ वेइि‍ सर्ववसस‍

प्राईवेट‍धलधमटेड

सं. 143/2A, अन्ना‍ िगर‍

रोड,

िीलम्बूर,‍ कोयम्बत्तूर‍ –

641 062

सामान्‍दय‍उद्देश्यों‍के‍धलए‍

बटरफ्लाई‍वाल्व

IS 13095: 1991

[सं.‍सीएमडी/13:11]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख‍

II

(ii)

2319

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

BUREAU OF INDIAN STANDARDS

New Delhi, the 9th February, 2017

S.O. 1044.— In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory)

of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500012090

20160201

M/s. Ceto Pumps Company

No.101-D, Super Group Of

Companies

Compound,

Chinnavedampatty,

Coimbatore – 641 049

Electric Monoset Pumps for

Clear,

Cold

Water

for

Agricultural

and

Water

Supply Purposes

IS 9079 : 2002

2.

6500012292

20160201

M/s. SP Aqua

SF No. 190/1, 191/2, 191/3,

Uppu Thottam ,

Madhapur Village

Palladam – 641 664

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

3.

6500012191

20160202

M/s. R R Agro Farms

2/751, Nattuvan Thottam,

Thottampatti Post, Madhapur,

Palladam – 641 664

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

4.

6500012393

20160204

M/s. Sri Kandan Engineering

No.6, 8th Street, Dharani Nagar

Extension,

Ganapathyputhur, Ganapathy,

Coimbatore – 641 006

Openwell

Submersible

Pumpsets

IS 14220 : 1994

5.

6500012494

20160208

M/s. Mekala Jewelers

Shop

No.

11,

Panchayat

Complex,

Opp. To Gandhi Statue

Gudalur – 643 212

Silver and Silver Alloys,

Jewellery/

Artefacts

-

Fineness and Marking

IS 2112 : 2014

6.

6500012595

20160208

M/s. Aravindh Industries

D. No. 2, 4, SF No. 41, 1B, 2B,

Sree Dhanam Nagar, Opp VIP

Garden,

Mylampatti Post, Neelampur,

Sulur (Tk) Block,

Coimbatore – 641 062

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

7.

6500012696

20160212

M/s. Laura Pumps

119-A,

Muniappan

Koil

Thottam,

Motors

for

Submersible

Pumpsets

IS 9283 : 2013

2320

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ganapathy(P.O.),

Coimbatore – 641 006

8.

6500012797

20160222

M/s. Mahadev Industries

D. No. 503A/366, Indira Gandhi

Street, V.K. Road, Peelamedu,

Coimbatore- 641004.

Centrifugal

Regenerative

Pumps for clear, cold water

IS 8472 : 1998

9.

6500012898

20160223

M/s. Asia Engineering

SF No. 328, Kalapatti Road,

Peelamedu,

Coimbatore – 641 048.

Submersible Pumpsets

IS 8034 : 2002

10.

6500012999

20160229

M/s. Mc Wane Services Private

Limited

No. 143/2A, Anna Nagar Road,

Neelambur,

Coimbatore – 641 062

Butterfly Valves for General

Purposes

IS 13095: 1991

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ and Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.‍आ.‍1045.— भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍ करिे‍

की‍धतधथ‍वषव/

माह

लाइसेंसिारी‍ का‍ िाम‍ व‍

पता

भारतीय‍मािक‍का‍शीषव

भा‍ मा‍ ‍ सं‍ (भाग/

अिुभाग)‍: वषव

1.

6500013092

20160304

मेससव‍कधवि‍डोसव

सं. 35, जी‍डी‍मुख्य‍सडक,

गेठट्टचेयूर,‍ गोबी‍ तालुक‍ -

638110

सामान्‍दय‍

प्रयोजिों‍

के‍

धलए‍प्लाईवुड

IS 303 : 1989

2.

6500013193

20160304

मेससव‍कधवि‍डोसव

सं. 35, जी‍डी‍मुख्य‍सडक,

गेठट्टचेयूर,‍ गोबी‍ तालुक‍ -

638110

लकडी‍ के‍ सपाट‍ दरवाजे‍

के‍शटर‍

(िोस‍कोर‍प्रकार) – भाग‍

1‍ –‍ प्लाईवुड‍ सतहयुि‍

पल्ले

IS 2202 : Part 1 :

1999

3.

6500013597

20160329

मेससव‍ डी.ए.आर.‍ ज्वेलरी‍

प्राईवेट‍धलधमटेड

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

IS 2112 : 2014

II

(ii)

2321

392,‍धबग बज़ार‍सडक,

कोयम्बत्तूर‍- 641001

मुहरांकि

4.

6500013496

20160329

मेससव‍ डी.ए.आर.‍ ज्वेलरी‍

प्राईवेट‍धलधमटेड

दुकाि‍ सं.G9, ब्रूकफील्ड‍

एस्टेट,

डॉ.‍कृष्णास्वामी‍रोड,

कोयम्बत्तूर‍– 641 009

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 2112 : 2014

5.

6500013294

20160329

मेससव‍आर-गोल्ड‍एक्स्चेंज

923-A, गणेश‍धबसल्डंग,

रम ॉस‍कट‍रोड,‍गााँिीपुरम,‍

कोयम्बत्तूर‍– 641 012

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 1417 : 1999

6.

6500013395

20160329

मेससव‍आर-गोल्ड‍माटव

924, गणेश‍धबसल्डंग,

रम ॉस‍कट‍रोड,‍गााँिीपुरम,‍

कोयम्बत्तूर‍– 641 012

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 1417 : 1999

7.

6500013698

20160329

द‍ ठरवेरा‍ पम्प्स‍ इंधडया‍

प्राईवेट‍धलधमटेड

एस‍ एफ‍ सं. 184/1C,

कन्नमपालयम‍गााँव,‍

पल्लडम‍ - 641402

कृधष‍ एवं‍ जल‍ आपूर्तव‍ के‍

धलए‍साफ‍और‍िंडे‍पािी‍

के‍ धबजली‍ के‍ मोिोसेट‍

पम्प

IS 9079 : 2002

8.

6500013799

20160330

मेससव‍ श्री‍ अमुदम‍ एक्वा‍

फाम्सव

एस‍

एफ‍

सं.

104/1,

कामराज‍

िगर,

मुठरयान्‍दडमपालयम,‍

अधविाधश‍

तालुक‍

एवं‍

ब्स्टलॉक,‍धतरुप्पुर-641655.

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍धमिरल‍जल‍के‍

अलावा)

IS 14543 : 2004

9.

6500013803

20160331

मेससव‍ए‍आर‍के‍ज्वेलसव

एम‍आर‍ज्वेल‍कॉम्प्लेक्स,

138,‍करुप्पा‍गौन्‍दडर‍सडक,‍

पहला‍माला,

कोयम्बत्तूर-641001

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 1417 : 1999

2322

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

10. 6500013904

20160331

मेससव‍ए‍आर‍के‍ज्वेलसव

एम‍आर‍ज्वेल‍कॉम्प्लेक्स,

138,‍करुप्पा‍गौन्‍दडर‍सडक,‍

पहला‍माला,

कोयम्बत्तूर-641001

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 2112 : 2014

[सं.‍सीएमडी/13:11]‍

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख‍

New Delhi, the 9th February, 2017

S.O. 1045.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name

and

Address

(Factory) of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500013092

20160304

M/s. Kavin Doors,

No. 35, G D Main Road,

Getticheyur

Gobi Tk - 638110

Plywood for General Purposes

IS 303 : 1989

2.

6500013193

20160304

M/s. Kavin Doors,

No. 35, G D Main Road,

Getticheyur,

Gobi Tk - 638110

Wooden Flush Door Shutters

(Solid Core Type): Part 1-

Plywood Face Panels

IS 2202 : Part

1 : 1999

3.

6500013597

20160329

M/s.

D.A.R

Jewellery

Private Limited

392, Big Bazaar Street,

Coimbatore - 641001

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

4.

6500013496

20160329

M/s.

D.A.R

Jewellery

Private Limited

Shop No.G9, Brookefield

Estate,

Dr. Krishnaswamy Road,

Coimbatore – 641 009

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

5.

6500013294

20160329

M/s. R-Gold Exchange

923-A, Ganesh Building,

Cross

Cut

Road,

Gandhipuram,

Coimbatore – 641 012

Gold

and

Gold

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 1417 : 1999

6.

6500013395

20160329

M/s. R-Gold Mart

924,

Ganesh

Building,

Cross

Cut

Road,

Gold

and

Gold

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 1417 : 1999

II

(ii)

2323

Gandhipuram,

Coimbatore -641012

7.

6500013698

20160329

The Riveraa Pumps India

Private Limited ,

SF

No.

184/1C,

Kannampalayam Village,

Palladam - 641402

Electric Monoset Pumps for

Clear,

Cold

Water

for

Agricultural and Water Supply

Purposes

IS 9079 : 2002

8.

6500013799

20160330

M/s. Sri Amudham Aqua

Farms

SF No 104/1, Kamaraj

Nagar,

Muriyandampalayam,

Avinashi Tk & Block,

Tirupur-641655.

Packaged

Drinking

Water

(other than Packaged Natural

Mineral Water)

IS

14543

:

2004

9.

6500013803

20160331

M/s. ARK Jewellers

M.R.Jewell Complex,

138,Karuppa

Gounder

Street,

1st Floor,

Coimbatore-641001

Gold

and

Gold

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 1417 : 1999

10.

6500013904

20160331

M/s. ARK Jewellers

M.R.Jewell Complex,

138,Karuppa

Gounder

Street,

1st Floor,

Coimbatore-641001

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ and Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.‍1046.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500014094

20160408

मेससव‍

धप्रन्‍दस‍

गोल्ड‍

एण्ड‍

डायमन्‍द्स‍

इंधडया‍

प्राईवेट‍

धलधमटेड

"गायत्री‍धबसल्डंग",

पुरािा‍ सं.‍ 220 A, िया‍ सं.

149 A,‍ डॉ‍ राजेन्‍दद्रा‍ प्रसाद‍

रोड, कोयम्बत्तूर‍- 641 012

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍एवं‍

मुहरांकि

IS 1417 : 1999

2324

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

2.

6500014195

20160408

द‍एल.‍पा.‍एम.‍इंडस्ट्रीस‍

80, िवा‍ इंधडया‍ रोड,‍ के.‍

आर.‍पुरम,

कोयम्बत्तूर‍ – 641 006

अपकेंद्रीय‍जेट‍पम्प

IS 12225 : 1997

3.

6500014296

20160421

मेससव‍ पी‍ एस‍ जी‍ होसल्डंग्स‍

इन्‍दक

44, पधश्चम‍ सडक,‍ करुक्कम‍

पालयम,‍

ऊन्‍दजलूर‍पोस्ट‍- 638152

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

4.

6500014603

20160422

मेससव‍धप्रया‍वाटर‍सप्लाई‍

1/490 C, धप्रया‍कॉम्प्लेक्स,

डाकखािे‍के‍पास,‍िीलम्बूर,‍

कोयम्बत्तूर‍- 641 062

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

5.

6500014599

20160422

मेससव‍ए‍के‍ए‍एक्वा‍फाम्सव

127-E, धचन्‍दतामधण‍तोट्टम,‍

धचन्‍दतामधण‍पुदुर‍पोस्ट,‍

सुलूर‍ब्स्टलॉक,‍

कोयम्बत्तूर‍ - 641103

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

6.

6500014397

20160422

मेससव‍एक्वा‍फॉसव‍वाटर‍पम्प‍

63, धचन्‍दतामधण‍िगर,‍

आवारमपालयम,‍

कोयम्बत्तूर‍- 641006

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍

पम्प

IS 8472 : 1998

7.

6500014498

20160422

मेससव‍

वीगा‍

इंजीधियररंग‍

कंपिी‍

6, शोभा‍िगर‍2,‍

आवारमपालयम,‍

कोयम्बत्तूर‍- 641006

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍

पम्प

IS 8472 : 1998

[सं.‍सी‍एम‍डी/3: 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1046.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of the

Party

Title of the

Standard

IS No. Part/

Sec. Year

1.

6500014094

20160408

M/s. Prince Gold And Diamonds India

Private Limited

"Gayathri Building",

Gold

and

Gold

Alloys,

Jewellery/

Artefacts - Fineness

and Marking

IS 1417 : 1999

II

(ii)

2325

Old No. 220 A, New No. 149 A,

Dr. Rajendra Prasad Road,, Coimbatore

641 012

2.

6500014195

20160408

The El. P. Em. Industries

80, Nava India Road,

K. R. Puram,

Coimbatore – 641 006

Centrifugal

Jet

Pump

IS 12225 : 1997

3.

6500014296

20160421

M/s. PSG Holdings Inc

44, West Street,

Karukkam Palayam,

Unjalur Post - 638152

Packaged Drinking

Water (other than

Packaged

Natural

Mineral Water)

IS 14543 : 2004

4.

6500014603

20160422

M/s. Priya Water Supply

1/490 C, Priya Complex,

Near Post Office , Neelambur,

Coimbatore - 641 062

Packaged Drinking

Water (other than

Packaged

Natural

Mineral Water)

IS 14543 : 2004

5.

6500014599

20160422

M/s. AKA Aqua Farms

127-E, Chinthamani Thottam,

Chinthamani Pudur Post, Sulur Block,

Coimbatore - 641103

Packaged Drinking

Water (other than

Packaged

Natural

Mineral Water)

IS 14543 : 2004

6.

6500014397

20160422

M/s. Aqua Force Water Pump

63, Chinthamani Nagar,

Avarampalayam,

Coimbatore - 641006

Centrifugal

Regenerative Pumps

for clear, cold water

IS 8472 : 1998

7.

6500014498

20160422

M/s. Vega Engineering Company

6, Shoba Nagar 2,

Avarampalayam,

Coimbatore - 641006

Centrifugal

Regenerative Pumps

for clear, cold water

IS 8472 : 1998

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ and Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.‍1047.—‍भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम,‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भरतीय‍मािक‍ब्स्ट‍यूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्‍वीकृत‍

कर‍ददए‍गए‍हैं‍:‍

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍पता

भारतीय‍मािक‍का‍

शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1. 6500014704

20160502 मेससव‍सी‍पी‍एस‍प्रॉम्प्ट‍इंडस्ट्रीस‍

द.‍ सं.‍ 1/167-7, रंगा‍ िगर,‍

गहरे‍ कुओं‍ के‍ धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

2326

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िीलम्बूर‍

गााँव,‍

सुलूर‍

तालुक,‍

मुदधलपालयम,‍

अरसूर‍

पोस्ट,‍

कोयम्बत्तूर‍

-

641407

2. 6500014805

20160503

मेससव‍श्री‍कृष्णा‍इंजीधियररंग‍

26A, ििलक्ष्मी‍ िगर‍ एक्स्टेंशि,‍

मसक्कालीपालयम,‍ उधप्पधलपालयम‍

पोस्ट,‍कोयम्बत्तूर‍- 641 015

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

3. 6500014906

20160504

मेससव‍

गजािन्‍ददा‍

ज्वेलरी‍

माटव‍

इंधडया‍प्राईवेट‍धलधमटेड

श्री‍कुमरि‍तंगामाधलगै,‍

555-557, ओप्पिाकारा‍सडक,‍

कोयम्बत्तूर‍ - 641001

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 2112 : 2014

4. 6500015096

20160505

मेससव‍श्री‍कुमरि‍तंगा‍माधलगै

(द‍ के‍ टी‍ एम‍ ज्वेलरी‍ धलधमटेड‍ का‍

यूधिट)

636, ओप्पिाकारा‍सडक,

कोयम्बत्तूर‍- - 641001

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 2112 : 2014

5. 6500015197

20160519

मेससव‍ स्पेइस‍ टेक्स्टाइल्स‍ प्रायवेट‍

धलधमटेड

180-180‍ A, श्री‍ कुमरि‍ तंगा‍

माधलगै,

9वााँ सडक, गााँिीपुरम,

कोयम्बत्तूर - 641012

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 2112 : 2014

6. 6500015298

20160523

मेससव‍धप्रन्‍दस‍गोल्ड‍एण्ड‍डायमन्‍द्स‍

इंधडया‍प्राईवेट‍धलधमटेड

"गायत्री‍धबसल्डंग",

पुरािा‍

सं.‍

220

A,

िया‍

सं. 149 A,‍डॉ‍राजेन्‍दद्रा‍प्रसाद‍रोड,

कोयम्बत्तूर‍- 641 012

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 2112 : 2014

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, 9th February, 2017

S.O. 1047.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule :

II

(ii)

2327

SCHEDULE

Sl.

No.

Licence No.

Grant Date

Name and Address (Factory) of the

Party

Title of the

Standard

IS No. Part/

Sec. Year

1.

6500014704

20160502

M/s. C.P.S. Prompt Industries D.No.

1/167-7, Ranga Nagar Neelambur

Village,

Sulur

Taluk,

Mudhalipalayam,

Arasur

Post,

Coimbatore-641407

Openwell

Submersible

Pumpsets

IS 14220 : 1994

2.

6500014805

20160503

M/s. Sri Krishnaa Engineering 26A,

Dhanalakshmi

Nagar

Extn.,

Masakkalipalayam,

Uppilipalayam

Post, Coimbatore-641015

Submersible

Pumpsets

IS 8034 : 2002

3.

6500014906

20160504

M/s. Gajaananda Jewellery Mart

India Private Limited Sree Kumaran

Thangamaligai, 555-557, Oppanakara

Street, Coimbatore-641001

Silver And Silver

Alloys,

Jewellery/Artefacts-

Fineness

and

marking

IS 2112 : 2014

4.

6500015096

20160505

M/s. Sree Kumaran Thanga Maligai

(Unit of the KTM Jewellery Limited)

636, Oppanakara Street, Coimbatore-

641 001

Silver and Silver

Alloys,

Jewellery/Artefacts-

Fineness

and

Marking

IS 2112 : 2014

5.

6500015197

20160519

M/s. Space Textiles Pvt. Ltd. 180-180

A, Sree Kumaran Thanga maligai 9th

Street, Gandhipuram, Coimbatore-

641012

Silver and Silver

Alloys,

Jewellery/Artefacts

–

Fineness

and

marking

IS 2112 : 2014

6.

6500015298

20160523

M/s. Prince Gold and Diamonds India

Private

Limited

‘‘Gayathri

Building’’. New No. 149 A, Dr.

Rajendra Prasad Road, Coimbatore-

641012

Silver and Silver

Alloys,

Jewellery/Artefacts-

Fineness

and

Marking

IS 2112 : 2014

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ and Head

िई‍ददल्ली,‍9 फरवरी,‍2017

का.आ. 1048.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम,‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची‍

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍

करिे‍की‍

धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍

(भाग/ अिुभाग)‍

: वषव

1.

6500015399

20160602

मेससव‍कुमरि‍एक्वा‍इंडस्ट्री

321-E, मुल्लापरप्पु,‍46-पुदुर,

िादागौन्‍दडमपालयम‍

पोस्ट,‍

ईरोड - 638115

पैकेजबंद‍ पेय‍ जल‍ (पैकेजबंद‍

धमिरल‍जल‍के‍अलावा)

IS 14543 : 2004

2328

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

2.

6500015504

20160608

मेससव‍ग्रीिटेक‍इंडस्ट्रीस‍

45, इलन्‍दगो‍िगर,‍ शोभा‍िगर‍

रोड,‍वारमपालयम,‍कोयम्बत्तूर‍

- 641006

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

3.

6500015403

20160608

मेससव‍श्री‍संगीता‍ज्वेलरी‍

द.‍सं.‍55, मुतूर‍रोड,‍

वेल्लाकोधवल‍- 638 111

स्‍वणव‍ एवं‍ स्‍वणव‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 1999

4.

6500015605

20160608

मेससव‍श्री‍संगीता‍ज्वेलरी‍

द.‍सं.‍55, मुतूर‍रोड,‍

वेल्लाकोधवल‍- 638 111

चााँदी‍ एवं‍ चााँदी‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

5.

6500015706

20160608

मेससव‍श्री‍सिधगरी‍पॉधलमसव‍

प्लॉट‍ सं.

J19

&

J20,

धसपकोट,

पेरुन्‍ददुरै‍- 638052

बोर/‍

िलकूपों‍

के‍

धलए‍

अिम्यकृत‍ ‍ पी‍ वी‍ सी‍ जली‍

और‍आवरक‍पाइप

IS 12818 : 2010

6.

6500015807

20160621

मेससव‍कुमरि‍ज्वेलरी‍

246, जवाहर‍मुख्य‍सडक,‍पी.‍

पुधलयमपट्टी,‍ सत्यामंगलम -

638459

स्‍वणव‍ एवं‍ स्‍वणव‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 1999

7.

6500015908

20160622

मेससव‍कुमरि‍ज्वेलरी‍

246, जवाहर‍मुख्य‍सडक,‍पी.‍

पुधलयमपट्टी,‍

सत्यामंगलम - 638459

चााँदी‍ एवं‍ चााँदी‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

8.

6500016098

20160624

मेससव‍ गैलेक्सी‍ इंजीधियररंग‍

कंपिी‍ एस‍ एफ‍ सं. 316/1,

मुत्तुसामी‍ िगर,‍ गणेश‍ ले‍ औट‍

पूवव,‍

स्टेिमोर‍

कम्पाउन्‍दड,‍

गणपधत,‍

कोयम्बत्तूर‍- 641 006

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

9.

6500016199

20160630

मेससव‍

दकरलोस्कर‍

ब्रदसव‍

धलधमटड‍ एस‍ एफ‍ 324/1,

मोपरेपालयम‍ रोड,‍ तट्टमपुदुर,‍

कधियूर‍

गााँव,‍

करुमत्तमपट्टी‍

पोस्ट,‍कोयम्बत्तूर‍- 641 659

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

[सं.‍सी‍एम‍डी/13: 11]‍

टी.‍कलैवाणि,‍वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

II

(ii)

2329

New Delhi, the 9th February, 2017

S.O. 1048.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification)

Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given

in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of

the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500015399

20160602

M/s. Kummaran Aqua Industry

321-E, Mullaparappu,

46-Pudur,

Nathagoundampalayam

Post,

Erode - 638115

Packaged

Drinking

Water

(other

than

Packaged

Natural

Mineral Water)

IS 14543 : 2004

2.

6500015504

20160608

M/s. Greentech Industries

45, Elango Nagar,

Shoba

Nagar

Road,

Avarampalayam,

Coimbatore - 641006

Submersible Pumpsets

IS 8034 : 2002

3.

6500015403

20160608

M/s. Sri Sangeetha Jewellery

D. No. 55, Muthur Road,

Vellakovil - 638 111

Gold And Gold Alloys,

Jewellery/ Artefacts

-

Fineness And Marking

IS 1417 : 1999

4.

6500015605

20160608

M/s.Sri Sangeetha Jewellery

D. No. 55, Muthur Road,

Vellakovil- 638 111

Silver And Silver Alloys,

Jewellery/ Artefacts

-

Fineness And Marking

IS 2112 : 2014

5.

6500015706

20160608

M/s. Sri Sapthagiri Polymers

Plot No J19 & J20, SIPCOT,

Perundurai - 638052

UPVC

Screen

and

Casing Pipes for bore/

tubewell

IS 12818 : 2010

6.

6500015807

20160621

M/s. Kumaran Jewellery

246, Jawahar Main Road,

P. Puliampatti,

Sathyamangalam - 638459

Gold And Gold Alloys,

Jewellery/ Artefacts

-

Fineness And Marking

IS 1417 : 1999

7.

6500015908

20160622

M/s. Kumaran Jewellery

246, Jawahar Main Road,

P. Puliampatti,

Sathyamangalam - 638459

Silver And Silver Alloys,

Jewellery/ Artefacts -

Fineness And Marking

IS 2112 : 2014

8.

6500016098

20160624

M/s. Galaxy Engineerinng Co.

SF No. 316/1, Muthusamy Nagar,

Ganesh Lay Out North, Stanmore

Compound,

Ganapathy, Coimbatore - 641 006

Submersible Pumpsets

IS 8034 : 2002

9.

6500016199

20160630

M/s. Kirloskar Brothers Limited,

SF 324/1, Moperipalayam Road,

Thattamputhur, Kanniyur Village

Karumathampatti Post,

Coimbatore - 641 659

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

2330

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िई‍ददल्‍ली,‍9‍फरवरी,‍2017‍

का.आ.‍1049.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम,‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍

व‍पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500016203

20160706

मेससव‍ देकसिे‍ पॉली‍

व्रेसप्पंग‍वायर

द.

सं.

12,

कोवै‍

इंडधस्ट्रयल‍पाकव,

कोधवलपालयम‍पोस्ट,

कोयम्बत्तूर‍

-

641

107

धिम्मजि‍मोटरों‍के‍वाइंसडंग‍

तार- भाग‍ 4- अलग‍ अलग‍

तारों‍दक‍धवधशधि‍–‍अिुभाग‍

3-‍

पोलीयस्टर‍

और‍

पोलीप्रोपीलीि‍

सोधित‍

वाइंसडंग‍तार

IS 8783 (Part 4/

Sec 3): 1995

2.

6500016304

20160708

मेससव‍

अल्फाटेक‍

मैिुफेक्चेरसव

एस‍ एफ‍ सं. 51/4,

चेठट्टयाक्कापालयम‍

पोस्ट,‍

िेगमम‍

के‍

रास्ते,‍दकित्तुकडवु,

कोयम्बत्तूर - 642120

पॉटवलेन्‍दड‍

पॉज़्ज़ोलािा‍

धसमेंट-‍ भाग‍ 1-‍ फ्लाईएश‍

धमला‍हुआ

IS 1489 (Part 1) :

1991

3.

6500016506

20160718

मेससव‍स्वामी‍ज्वेलसव

242, वासन्‍दता‍रोड,

िारापुरम‍- 638656

स्‍वणव‍ एवं‍ स्‍वणव‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 1999

4.

6500016405

20160718

मेससव‍

वी-गाडव‍

इंडस्ट्रीस‍धलधमटड

एलक्ट्रो‍

मेकधिकल‍

वक्सव

2/113E,

कारयम‍पालयम‍रोड,‍

मैलमपट्टी‍

पोस्ट,‍

कोयम्बत्तूर‍- 641062

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

5.

6500016607

20160719

मेससव‍

गजािन्‍ददा‍

ज्वेलरी‍ माटव‍ इंधडया‍

प्राईवेट‍धलधमटेड‍

श्री‍

कुमरि‍

तंगा‍

माधलगै

स्‍वणव‍ एवं‍ स्‍वणव‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 1999

II

(ii)

2331

दरवाजा‍

सं.

83,

पलिी‍मुख्य‍सडक,

उडुमलपेट‍- 642126

6.

6500016708

20160719

मेससव‍

गजािन्‍ददा‍

ज्वेलरी‍ माटव‍ इंधडया‍

प्राईवेट‍धलधमटेड‍

श्री‍

कुमरि‍

तंगा‍

माधलगै

दरवाजा‍ सं.

335,

मुख्य‍सडक,‍

धसटी‍ यूधियि‍ बैंक‍ के‍

पास,‍

भवािी‍- 638301

स्‍वणव‍ एवं‍ स्‍वणव‍ धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 1999

7.

6500016910

20160719

मेससव‍

गजािन्‍ददा‍

ज्वेलरी‍ माटव‍ इंधडया‍

प्राईवेट‍धलधमटेड‍

श्री‍

कुमरि‍

तंगा‍

माधलगै

दरवाजा‍

सं.

83,

पलिी‍मुख्य‍सडक,

उडुमलपेट‍- 642126

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

8.

6500016809

20160719

मेससव‍

गजािन्‍ददा‍

ज्वेलरी‍ माटव‍ इंधडया‍

प्राईवेट‍धलधमटेड‍

श्री‍

कुमरि‍

तंगा‍

माधलगै

दरवाजा‍ सं.

335,

मुख्य‍सडक,‍

धसटी‍ यूधियि‍ बैंक‍ के‍

पास,‍

भवािी‍- 638301

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख‍

New Delhi, the 9th February, 2017

S.O. 1049.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

2332

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address

(Factory) of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500016203

20160706

M/s.

Daksakthe

Poly

Wrapping Wire

D. No. 12, Covai Industrial

Park,

Kovil Palayam Post,

Coimbatore - 641 107

Winding

Wires

for

Submersible Motors – Part

4:

Specification

for

Individual Wires- Section

3:

Polyester

and

Polypropylene

Insulated

Wires

IS 8783 (Part 4/ Sec

3): 1995

2.

6500016304

20160708

M/s.

Alphatech

Manufacturers

SF

No.

51/4,

Chettiyakkapalayam Post,

Negamam

Via,

Kinathukadavu,

Coimbatore - 642120

Portland

Pozzolana

Cement-

Part 1 – Flyash Based

IS 1489 (Part 1) : 1991

3.

6500016506

20160718

M/s. Swamy Jewellers

242, Vasantha Road,

Dharapuram - 638656

Gold And Gold Alloys,

Jewellery/

Artefacts

-

Fineness And Marking

IS 1417 : 1999

4.

6500016405

20160718

M/s. V Guard Industries Ltd.

Electro Mechanical Works

2/113E, Karayam Palayam

Road,

Mylampatti Post,

Coimbatore - 641062

Centrifugal

Regenerative

Pumps for clear, cold water

IS 8472 : 1998

5.

6500016607

20160719

M/s. Gajaananda Jewellery

Mart India Private Limited

Sree

Kumaran

Thangamaligai,

Door No. 83, Palani Main

Road, Udumalpet - 642126

Gold And Gold Alloys,

Jewellery/

Artefacts

-

Fineness And Marking

IS 1417 : 1999

6.

6500016708

20160719

M/s. Gajaananda Jewellery

Mart India Private Limited

Sree

Kumaran

Thangamaligai,

Door No. 335, Main Road,

Near City Union Bank,

Bhavani - 638301

Gold And Gold Alloys,

Jewellery/

Artefacts

-

Fineness And Marking

IS 1417 : 1999

7.

6500016910

20160719

M/s. Gajaananda Jewellery

Mart India Private Limited

Sree

Kumaran

Thangamaligai,

Door No. 83, Palani Main

Road,

Udumalpet - 642126

Silver And Silver Alloys,

Jewellery/

Artefacts

-

Fineness And Marking

IS 2112 : 2014

II

(ii)

2333

8.

6500016809

20160719

M/s. Gajaananda Jewellery

Mart India Private Limited

Sree

Kumaran

Thangamaligai,

Door No. 335, Main Road,

Near City Union Bank,

Bhavani - 638301

Silver And Silver Alloys,

Jewellery/

Artefacts

-

Fineness And Marking

IS 2112 : 2014

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1050.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500017104

20160804

मेससव‍

श्री‍

अरुणाचला‍

इंडस्ट्रीस

2/2,‍

काटूर‍

सडक,‍

कालापट्टी,

कोयम्बत्तूर‍ – 641 048

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

2.

6500017003

20160804

मेससव‍

श्री‍

अरुणाचला‍

इंडस्ट्रीस

2/2,‍

काटूर‍

सडक,‍

कालापट्टी,

कोयम्बत्तूर‍ – 641 048

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

3.

6500017205

20160805

मेससव‍कृषटेक्स

एस‍ एफ‍ 255, िालुक्कल‍

तोट्टम,

राक्काची‍ गाडवि‍ के‍ पीछे,‍

मधणयाकरम‍

पालयम,‍

गणपधत,‍कोयम्बत्तूर‍ – 641

006

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

4.

6500017407

20160810 मेससव‍ धिमवल‍ पम्प्स‍ प्राईवेट‍

धलधमटेड

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍

पम्प

IS 8472 : 1998

2334

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

एस‍एफ‍सं. 434, 6वााँ रम ॉस,

धवलन्‍दकुठरची‍

रोड,तन्नीर‍

पन्‍ददल‍ के‍ पास,‍ पीलमेडु,‍

कोयम्बत्तूर‍– 641 004

5.

6500017306

20160810

मेससव‍हैड्रोमेक्स‍इंडस्ट्रीस

एस‍ एफ‍ सं. 372/2, जोती‍

िगर,‍5वााँ सडक,

कोयम्बत्तूर‍– 641 015

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

6.

6500017609

20160812

मेससव‍शरत‍ज्वेलरी

1049, बीग‍बडार‍सडक,

कोयम्बत्तूर‍– 641 001

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍ –‍ शुिता‍ एवं‍

मुहरांकि

IS 1417 : 1999

7.

6500017508

20160812

मेससव‍एक्वा‍एक्सेल‍

53 4B पी‍ एि‍ पालयम‍

रोड,

वरदाराजा‍

ले‍

औट‍

I,

गणपधत,

कोयम्बत्तूर‍– 641 006

ति‍ एवं‍ अति‍ पेयजल‍

धवतरण‍ व्यवस्था‍ के‍ धलए‍

क्लोठरिकृत‍

पॉलीधविाइल‍ क्लोराइड‍

(सी‍पी‍वी‍सी)‍पाइप‍

IS 15778 : 2007

8.

6500017710

20160818

मेससव‍शरत‍ज्वेलरी

1049, बीग‍बडार‍सडक,

कोयम्बत्तूर‍– 641 001

चााँदी‍

एवं‍

चााँदी‍

धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍ –‍ शुिता‍ एवं‍

मुहरांकि

IS 2112 : 2014

9.

6500017811

20160830

मेससव‍एस‍के‍बी‍इंडस्ट्रीस

सं.

334/2,14A,

राजागोपाल‍ले‍औट,‍

इलन्‍दगो‍

िगर,‍

पी.एि.‍

पालयम‍ ब्स्टलॉक,‍ पीलमेडु,‍

कोयम्बत्तूर‍– 641 004

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1050.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

II

(ii)

2335

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of

the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500017104

20160804

M/s. Sree Arunachala Industries

2/2,Kattoor Street, Kalapatty

Coimbatore – 641 048

Submersible Pumpsets

IS 8034 : 2002

2.

6500017003

20160804

M/s. Sree Arunachala Industries

2/2,Kattoor Street,

Kalapatty

Coimbatore – 641 048

Openwell Submersible

Pumpsets

IS 14220 : 1994

3.

6500017205

20160805

M/s. Krishtex

SF 255, Naalukaal Thottam,

Behind Rakkachi Garden,

Maniyakaram Palayam, Ganapathy,

Coimbatore – 641 006

Submersible Pumpsets

IS 8034 : 2002

4.

6500017407

20160810

M/s. Nirmal Pumps Private Limited

SF No. 434, 6th Cross,

Vilankurichi Road,

Near Thanneerpandhal, Peelamedu,

Coimbatore – 641 004

Centrifugal

Regenerative

Pumps

for clear, cold water

IS 8472 : 1998

5.

6500017306

20160810

M/s. Hydromax Industries

SF No. 372/2, Jothi Nagar, 5th

Street

Coimbatore – 641 015

Openwell Submersible

Pumpsets

IS 14220 : 1994

6.

6500017609

20160812

M/s. Sarath Jewelry

1049, Big Bazaar Street,

Coimbatore – 641 001

Gold and Gold Alloys,

Jewellery/ Artefacts -

Fineness and Marking

IS 1417 : 1999

7.

6500017508

20160812

M/s. Aqua Excel

53 4B P N Palayam Road,

Varatharaja Layout I, Ganapathy,

Coimbatore – 641 006

Chlorinated PVC Pipes

for Potable Hot and

Cold

Water

Distribution Supplies

IS 15778 : 2007

8.

6500017710

20160818

M/s. Sarath Jewelry

1049, Big Bazaar Street,

Coimbatore – 641 001

Silver

and

Silver

Alloys,

Jewellery/

Artefacts - Fineness

and Marking

IS 2112 : 2014

9.

6500017811

20160830

M/s. S. K. B Industries

No. 334/2,14A, Rajagopal Layout,

Elango Nagar, P.N.Palayam Block,

Peelamedu,

Coimbatore – 641 004

Openwell Submersible

Pumpsets

IS 14220 : 1994

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

2336

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िई‍ददल्ली,‍9‍फरवरी,‍2017

का.आ. 1051.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500017912

20160906

मेससव‍मुहुताव‍ज्वेल्स‍पैलेस

6/32, कामराजर‍ सडक,‍

महासलंगापुरम,‍

पोल्लाची‍-642002

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

2.

6500018005

20160906

मेससव‍धगश्नु‍पम्प्स

मैलमपट्टी‍

रोड,‍

कारयमपालयम,‍

कोयम्बत्तूर‍-641062,

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

3.

6500018106

20160909

द‍ सहंदुस्ताि‍ इंजीधियररंग‍

इंडस्ट्रीस

359,‍

िन्‍दजुन्‍ददापुरम‍रोड,‍श्रीपती‍

िगर‍

के‍

पास,‍

को

यम्बत्तूर‍-641036

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

4.

6500018207

20160912

मेससव‍ वाटरटेक‍ (इंधडया)‍

प्रायवेट‍धलधमटड‍यूधिट‍II

पाडुवमपल्ली‍

गााँव,‍

वगारयमपालयम‍

पोस्ट,‍

सुलूर‍ तालुक,‍ कोयम्बत्तूर‍

-641659

सवातायि‍ एवं‍ वषाव‍ जल‍

संग्रहण‍के‍तंत्र‍सधहत‍भविों‍

के‍अंदर‍एवं‍बाहर‍की‍धमट्टी‍

तथा‍अपधशि‍धिरावशि‍तंत्र‍

के‍

धलए‍

अिम्यकृत‍

पॉलीधविाइल‍

क्लॉराइड‍

(पी‍वी‍सी‍-‍य)‍पाइप‍

IS 13592 : 2013

5.

6500018308

20160912

मेससव‍ वाटरटेक‍ (इंधडया)‍

प्रायवेट‍धलधमटड‍यूधिट‍II

पाडुवमपल्ली‍

गााँव,‍

वगारयमपालयम‍

पोस्ट,‍

सुलूर‍ तालुक,‍ कोयम्बत्तूर‍

-641659

इमारतों‍के‍भीतर‍एवं‍बाहर‍

संवाति‍ और‍ वषाव‍ के‍ पािी‍

के‍ साथ‍ मल‍ एवं‍ अपधशि‍

धवसजवि‍ के‍ धलए‍ अिम्यकृत‍

पॉलीधविाइल‍क्लॉराइड‍(यू‍

पी‍ वी‍ सी)‍ अन्‍दत: िेपण‍

संचदकत‍दफरटंग्स‍

IS 14735 : 1999

6.

6500018805

20160914

मेससव‍ एमराल्ड‍ ज्वेलरी‍

रीटेइल‍धलधमटड

सं. 24, ढाली‍रोड,

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

II

(ii)

2337

उडुमलपेट‍-641126

7.

6500018409

20160914

मेससव‍ एमराल्ड‍ ज्वेलरी‍

रीटेइल‍धलधमटड

34, बज़ार‍सडक,

पोल्लाची‍-642001

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

8.

6500018510

20160914

मेससव‍ एमराल्ड‍ ज्वेलरी‍

रीटेइल‍धलधमटड

85, आर‍के‍वी‍रोड,

ईरोड‍ -638001

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

9.

6500018611

20160914

मेससव‍ एमराल्ड‍ ज्वेलरी‍

रीटेइल‍धलधमटड

िया‍

सं.

284-287,‍

पुरािा‍सं.9/91,

रम ॉस‍कट‍रोड,‍गााँिीपुरम,‍

कोयम्बत्तूर‍-641012

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

10.

6500018712

20160914

मेससव‍ एमराल्ड‍ ज्वेलरी‍

रीटेइल‍धलधमटड

231/1, धतरुवेंकटासामी‍

रोड‍(पूवव),

आऱ.‍

एस.‍

पुरम,

कोयम्बत्तूर‍ - 641002

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

11.

6500019007

20160920

मेससव‍ग्रीिटेक‍इंडस्ट्रीस‍

45, इलन्‍दगो‍िगर,‍ शोभा‍

िगर‍

रोड,‍

आवारमपालयम,‍

कोयम्बत्तूर‍ - 641006

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

12. 6500018906 20160920

मेससव‍ एस‍ आर‍ एल‍ वी‍

इंजीधियररंग‍37‍/11E1,‍

जयधसम्‍हापुरम,‍

केसी‍

स्‍कूल‍

के‍

पास,पी.एि.‍

पालयम,‍

कोयम्‍बत्तूर-

641037‍

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेन्‍द‍द्रीय‍पुिरुत्‍पादक‍पम्‍प‍

IS 8472 : 1998

13. 6500019108 20160921

मेमसवरिा‍ होसस‍ एसएफ‍

सं.‍ 4/2,‍ अन्‍द‍िूर‍ रोड,‍

पोन्‍द‍िान्‍द‍दमपालयम,‍

द्रधवत‍

पेट्रोधलयम‍

गैस‍

(एलपीजी)‍ के‍ धलए‍ रबड‍

होज़

IS 9573 : 2012

2338

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

कधणयूर,‍

सुलूर‍

तालुक,कायेम्‍बत्तूर-

641659

14. 6500019209 20160922

मेमसव‍

एम‍

जे‍

पी‍

एंटरप्रायसेस‍

प्रायवेट‍

धलधमटेड‍ सं.‍ 4/52-A,‍

एि.जी.आर.‍

सडक,‍

कालापट्टी,‍ कोयम्‍बत्तूर‍ -

641048‍

अपकेन्‍द‍द्रीय‍जेट‍पम्‍प‍

IS 12225 : 1997

15. 6500019310 20160923

मेमसव‍ एस‍ के‍ एक्‍वा‍

285/2A1,‍ पेरुमपाल्‍लम‍

बस‍

स्‍टोप‍

के‍

पास,‍

धचन्‍द‍िापालम‍

पोस्‍ट,‍

िेठरधन्‍दजपेटै,‍

ईरोड-

638311‍

पैकेजबंद‍पेय‍जल‍(पैकेजबंद‍

धमिरल‍जल‍के‍अलावा)‍

IS 14543 : 2004

16.‍ 6500019411 20160927

मेससव‍

हल्‍दी‍

हैटेक‍

इंजीधियररंग‍ सं.‍ 611/2,‍

द.‍ सं.‍ 10B, दीपा‍ धमल‍

रोड,‍ वेल्‍ला‍ धविायगर‍

तोट्टम,‍

गोल्‍डधवन्‍द‍स,‍

कोयम्‍बत्तूर-641014‍

अपकेन्‍द‍द्रीय‍जेट‍पम्‍प‍

IS 12225 : 1997

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, the 9th Feburary, 2017

S.O. 1051.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address

(Factory) of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500017912

20160906

M/s.

Muhurtha

Jewels

Palace

6/32, Kamarajar Street,

Mahalinga

Puram,

Pollachi-642002

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

2.

6500018005

20160906

M/s. Gishnu Pumps

Mylampatti

Road,

Karayampalayam

Coimbatore-641062,

Centrifugal Regenerative Pumps

for clear, cold water

IS 8472 : 1998

3.

6500018106

20160909 The

Hindusthan

Openwell Submersible Pumpsets

IS 14220 : 1994

II

(ii)

2339

Engineering Industries

359-Nanjundapuram Road,

Near Sripathy Nagar ,

Coimbatore-641036

4.

6500018207

20160912

M/s.

Watertec

(India)

Private Limited-Unit.II

Paduvampalli Village,

Vagarayampalayam Post,

Sulur

Taluk,

Coimbatore-641659

UPVC pipes for soil and waste

discharge

systems

inside

buildings including ventilation

and rainwater system

IS 13592 : 2013

5.

6500018308

20160912

M/s.

Watertec

(India)

Private Limited-Unit.II

Paduvampalli Village,

Vagarayampalayam Post,

Sulur

Taluk,

Coimbatore-641659

Unplasticized Polyvinyl Chloride

(UPVC)

Injection

Moulded

Fittings for Soil and Waste

Discharge System for Inside and

Outside

Buildings

Including

Ventilation

and

Rain

Water

System

IS 14735 : 1999

6.

6500018805

20160914

M/s. Emerald Jewellery

Retail Limited

No.

24,

Dhali

Road,

Udumalpet-641126

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

7.

6500018409

20160914

M/s. Emerald Jewellery

Retail Limited

34,

Bazaar

Street,,

Pollachi-642001

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

8.

6500018510

20160914

M/s. Emerald Jewellery

Retail Limted

85,

RKV

Road,

Erode -638001

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

9.

6500018611

20160914

M/s. Emerald Jewellery

Retail Ltd

New

No.

284-287,Old

No.9/91,

Cross

Cut

Road,

Gandhipuram,

Coimbatore-641012

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

10.

6500018712

20160914

M/s. Emerald Jewellery

Retail Ltd.

231/1, Thiruvenkatasamy

Road (East),

R.S.

Puram,

Coimbatore - 641002

Silver

and

Silver

Alloys,

Jewellery/ Artefacts - Fineness

and Marking

IS 2112 : 2014

11.

6500019007

20160920

M/s. Greentech Industries

45, Elango Nagar, Shoba

Nagar

Road,

Avarampalayam,

Coimbatore-641006

Openwell Submersible Pumpsets

IS 14220 : 1994

12.

6500018906

20160920

M/s. SRLV Engineering

37/11E1,

Jayasimha

Puram,

Centrifugal Regenerative Pumps

for clear, cold water

IS 8472 : 1998

2340

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Near

KCC

School,

P.N.Palayam,

Coimbatore -641037

13.

6500019108

20160921

M/s. Raksha Hoses

SF No.4/2, Annur Road,

Ponnandampalayam,

Kaniyur,

Sulur

Taluk,

Coimbatore-641659

Rubber

Hose

for

Liquefied

Petroleum Gas (LPG)

IS 9573 : 2012

14.

6500019209

20160922

M/s. M J P Enterprises

Private Limited

No.4/52-A, N.G.R. Street,

Kalapatti,

Coimbatore -641048

Centrifugal Jet Pumps

IS 12225 : 1997

15.

6500019310

20160923

M/s.

SK

Aquaa

285/2A1,

Near

Perumpallam Bus Stop,

Chinnapallam

Post,

Nerinjipettai,

Erode-638311

Packaged Drinking Water (other

than Packaged Natural Mineral

Water)

IS 14543 : 2004

16.

6500019411

20160927

M/s.

Haldi

Hitech

Engineering,

No.611/2,

D.No.10B,

Deepa Mill Road,

Vella Vinayagar Thottam,

Goldwins,

Coimbatore -641014

Centrifugal Jet Pumps

IS 12225 : 1997

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्ली,‍9‍फरवरी,‍2017

का.आ. 1052.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍पता

भारतीय‍मािक‍का‍

शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1. 6500019512

20161005

मेससव‍अन्नै‍इंजीधियररंग‍कंपिी

सं. 2, (पुरािा‍सं. 6), 6वााँ सडक,

के.‍के.‍िगर,‍गणपधत,‍कोयम्बत्तूर‍

– 641 006

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

2. 6500019706

20161005

मेससव‍श्री‍िायकी‍इंडस्ट्रीस

सं.506वााँ

सडक,

लक्ष्मीपुरम,‍

पीलमेडु,‍कोयम्बत्तूर‍– 641 004

गहरे‍ कुओं‍ के‍ धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

II

(ii)

2341

3. 6500019807

20161010

मेससव‍

कोधन्‍दफडेन्‍दस‍

पेट्रोधलयम‍

इंधडया‍धलधमटड‍एस‍एफ‍सं. 39,

40, ‍अरसमपालयम‍गााँव,‍

पोल्लाची‍ तालुक,‍ कोयम्बत्तूर‍ –

642 109

अल्प‍

दाब‍

एवं‍

दावणोय‍गैसों‍के‍धलए‍

5‍धलटर‍से‍अधिक‍जल‍

िमता‍ वाले‍ वेधल्डत‍

अल्प‍काबवि‍इस्पात‍के‍

धससलंडर‍ –‍ उपयोग‍

दकए‍ गए‍ एल‍ पी‍ जी‍

धससलंडरों‍

के‍

पुििवीयि‍

एवं‍

धिरीिण‍को‍अपेिाय

IS 13258 : 2014

4. 6500019908

20161019

मेससव‍ महेन्‍दद्रा‍ पम्प्स‍ प्रायवेट‍

धलधमटड‍यूधिट-2

28, अम्मि‍कुलम‍रोड,‍पी.‍एि.‍

पालयम,‍कोयम्बत्तूर‍– 641 037

अपकेंद्रीय‍जेट‍पम्प

IS 12225 : 1997

5. 6500020089

20161025

मेससव‍एम‍के‍एंटरप्रायसेस

177/ 2B1C, पेरुर‍ से‍ वेदापट्टी‍

रोड,‍वेदापट्टी‍गााँव,‍कोयम्बत्तूर‍–

641 010

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍धमिरल‍जल‍

के‍अलावा)

IS 14543 : 2004

6. 6500020291

20161028

मेससव‍

स्टेन्‍दडडव‍

इंजीधियररंग‍

इंडस्ट्रीस

एस‍एफ‍सं.88/86, इलन्‍दगो‍िगर,‍

के.आर.‍पुरम,‍आवारमपालयम,‍

कोयम्बत्तूर – 641 006

साफ,‍ िंडे‍ पािी‍ के‍

धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍पम्प

IS 8472 : 1998

7. 6500020190

20161028

मेससव‍

स्टेन्‍दडडव‍

इंजीधियररंग‍

इंडस्ट्रीस

एस‍एफ‍सं.88/86, इलन्‍दगो‍िगर,‍

के.आर.‍पुरम,‍आवारमपालयम,‍

कोयम्बत्तूर – 641 006

गहरे‍ कुओं‍ के‍ धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, the 9th Feburary, 2017

S.O. 1052.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory)

of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500019512

20161005

M/s.

Annai

Engineering

Company

No. 2, (Old No. 6), 6th Street,

Submersible Pumpsets

IS 8034 : 2002

2342

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

K.K. Nagar, Ganapathy,

Coimbatore – 641 006

2.

6500019706

20161005

M/s. Sree Nayaki Industries

No.50, 6th Street,

Lakshmipuram, Peelamedu,

Coimbatore – 641 004

Openwell Submersible

Pumpsets

IS 14220 : 1994

3.

6500019807

20161010

M/s.

Confidence

Petroleum

India Limited

SF No 39, 40, Arasampalayam

Village,

Pollachi Taluk,

Coimbatore – 642 109

Welded Low Carbon Steel

Cylinders Exceeding 5 Litre

Water Capacity For Low

Pressure Liquefiable Gas -

Code Of Practice For

Inspection And

Reconditioning Of Used LPG

Cylinders

IS 13258 : 2014

4.

6500019908

20161019

M/s. Mahendra Pumps Private

Limited Unit-2

28, Amman Kulam Road,

P.N. Palayam,

Coimbatore – 641 037

Centrifugal Jet Pumps

IS 12225 : 1997

5.

6500020089

20161025

M/s. M K Enterprises

177/ 2B1C, Perur To Vedappatti

Road,

Vedapatti Village,

Coimbatore – 641 010

Packaged Drinking Water

(other than Packaged Natural

Mineral Water)

IS 14543 : 2004

6.

6500020291

20161028

M/s.

Standard

Engineering

Industries

SF No.88/86, Elango Nagar,

K R Puram, Avarampalayam,

Coimbatore – 641 006

Centrifugal Regenerative

Pumps for clear, cold water

IS 8472 : 1998

7.

6500020190

20161028

M/s.

Standard

Engineering

Industries

SF No.88/86, Elango Nagar,

K R Puram, Avarampalayam,

Coimbatore – 641 006

Openwell Submersible

Pumpsets

IS 14220 : 1994

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्ली, 9‍फरवरी,‍2017‍

का.आ.‍1053.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

II

(ii)

2343

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1. 6500020493

20161103

मेससव‍

मीको‍

पम्प्स‍

इंडस्ट्रीस

44-B, दधिण‍ सडक‍ सं.‍

2,‍

आवारमपालयम,‍

कोयम्बत्तूर‍– 641 006

साफ,‍िंडे‍पािी‍के‍धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍

पम्प

IS 8472 : 1998

2. 6500020392

20161103

मेससव‍प्रीधमयर‍पी‍वी‍सी‍

इंडस्ट्री

107 D, धत्रची‍रोड,

पुधलस‍ स्टेशि‍ के‍ सामिे,‍

पल्लडम,‍

धतरुप्पुर‍– 641 664

धव्ुत‍प्रधतष्ठापि‍के‍

धलए‍वाधहका–‍भाग‍3–‍

सख्त‍एवं‍सादा‍धव्ुत‍

अवरोिी‍वाधहका‍

IS 9537 (Part 3):

1983

3. 6500020594

20161124

मेससव‍श्रीराम‍इंजीधियसव

एस‍ एफ‍ सं.‍ 445/2B,

वेल्ललोर‍रोड,

ससंगन्नालूर,‍ कोयम्बत्तूर‍ -

641 005

गहरे‍कुओं‍के‍धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

4. 6500020998

20161125

मेससव‍वी‍टी‍एम‍एक्वा

एस‍ एफ‍ सं.400/2, ररंग‍

रोड,‍

आर.एस.‍

पूवव,‍

कूलीपालयम,‍

वाधवपालयम‍

पोस्ट,‍

पेरुमिल्लीर,‍

धतरुप्पुर‍ – 641 666

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

5. 6500020695

20161125

मेससव‍

पुगल‍

वाटर‍

सप्लायसव

एस‍ एफ‍ सं. 600/3, द.‍

सं.193(4),

भारती‍

िगर,‍

अम्मापालयम,‍

अिुप्परपालयम‍

पोस्ट,‍

धतरुप्पुर‍– 641 652

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍ धमिरल‍ जल‍

के‍अलावा)

IS 14543 : 2004

6. 6500020796

20161125

मेससव‍

मालवब्रो‍

इंजीधियररंग‍वक्सव

613, दीपा‍ टेक्स्टाइल‍

रोड,‍गोल्डधवन्‍दस,‍

धिम्मजिीय‍पम्पसेट

IS 8034 : 2002

2344

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

धसधवल‍टरॉड्रोम‍पोस्ट,‍

कोयम्बत्तूर‍ – 641 014

7. 6500020897

20161125

मेससव‍

मालवब्रो‍

इंजीधियररंग‍वक्सव

613, दीपा‍ टेक्स्टाइल‍

रोड,‍गोल्डधवन्‍दस,‍

धसधवल‍टरॉड्रोम‍पोस्ट,‍

कोयम्बत्तूर‍ – 641 014

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

[सं.‍सी‍एम‍डी/13: 11]

टी.‍कलैवाणि,‍वैज्ञाधिक ‘एफ’ एवं‍प्रमुख‍

New Delhi, the 9th February, 2017

S.O. 1053.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory)

of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500020493

20161103

M/s. Meco Pumps Industries

44-B, South Street No.2

Avarampalayam,

Coimbatore – 641 006

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

2.

6500020392

20161103

M/s. Premier PVC Industry

107 D, Trichy Road,

Opposite

Police

Station,

Palladam,

Tiruppur – 641 664

Conduits

for

electrical

installations: Part 3: Rigid

plain

conduits

of

insulating materials

IS 9537 (Part 3):

1983

3.

6500020594

20161124

M/s. Sreeram Engineers

SF No.445/2B, Vellalore Road,

Singanallur,

Coimbatore- 641 005

Openwell

Submersible

Pumpsets

IS 14220 : 1994

4.

6500020998

20161125

M/s. VTM Aqua

SF No.400/2, Ring Road,

R.S.North, Koolipalayam,

Vavipalayam

Post,

Perumanallur,

Tiruppur – 641 666

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

5.

6500020695

20161125

M/s. Pugal Water Suppliers

SF No 600/3, D.No.193(4),

Bharathi Nagar, Ammapalayam,

Anuparpalayam Post,

Tiruppur – 641 652

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

II

(ii)

2345

6.

6500020796

20161125

M/s.

Marlboro

Engineering

Works

613, Deepa Textile Road,

Goldwins,

Civil

Aerodrome

Post,

Coimbatore – 641 014

Submersible Pumpsets

IS 8034 : 2002

7.

6500020897

20161125

M/s.

Marlboro

Engineering

Works

613, Deepa Textile Road,

Goldwins,

Civil

Aerodrome

Post,

Coimbatore – 641 014

Openwell

Submersible

Pumpsets

IS 14220 : 1994

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्ली,‍9‍फरवरी,‍2017

का.आ.‍1054.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍

शीषव

भा‍मा‍‍सं‍(भाग/ अिुभाग)‍

: वषव

1. 6500021192

20161201

मेससव‍धिमवल‍पम्प्स‍प्रायवेट‍

धलधमटड

एस‍ एफ‍ सं. 434, 6वााँ

रम ॉस,

धवलन्‍दकुठरची‍ रोड,‍ तन्नीर‍

पन्‍ददल‍के‍पास,‍

कोयम्बत्तूर‍- 641004

साफ‍और‍िंडे‍पािी‍के‍

धलए‍ िैधतज‍ अपकेंद्री‍

पम्प‍ –‍ भाग‍ 1-‍ कृधष‍

एवं‍ जल‍ आपूर्तव‍ के‍

धलए‍

IS 6595 (Part 1):

2002

2. 6500021293

20161202

मेससव‍रीवा‍एक्वा

284/1, कामराजर‍ सालै,‍

अत्ताणी‍पोस्ट,‍

भवािी‍ तालुक,‍ ईरोड -

638502

पैकेजबंद‍

पेय‍

जल‍

(पैकेजबंद‍धमिरल‍जल‍

के‍अलावा)

IS 14543 : 2004

3. 6500021394

20161215

मेससव‍

सहंदुस्ताि‍

हेवी‍

इलधक्ट्रकल्स‍

प्रायवेट‍

धलधमटड

66, आवारमपालयम‍रोड,‍

के.आर.‍पुरम,‍कोयम्बत्तूर‍-

641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 (Part 1):

2014

2346

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

4. 6500021495

20161219

मेससव‍

आददधविायकर‍

वायसव‍प्रायवेट‍धलधमटड

1254, अधविाधश‍ रोड,‍

पीलमेडु,‍

कोयम्बत्तूर‍- 641001

1100‍

वोल्‍ट‍

तक‍

कायवकारी‍ वोल्‍टता‍ के‍

धलए‍पी‍वी‍सी‍रोधित‍

केबल

IS 694 : 2010

5. 6500021596

20161221

मेससव‍धबल्डि‍स्टील‍इंधडया‍

धलधमटड

एस‍ एफ‍ सं. 220/1,2,3,

धचन्ना‍कण्णूर,‍कणूर,‍चेयूर,‍

अधविाधश‍तालुक,‍

कोयम्बत्तूर‍ - 641655

कंरम ीट‍प्रबलि‍के‍धलए‍

उच्‍च‍

साम्‍यव‍

धवकधसत‍ इस्‍पात‍ छड‍

और‍तार

IS 1786 : 2008

6. 6500021899

20161222

मेससव‍ ट्रेन्‍दडी‍ इंजीधियररंग‍

कंपिी

134, शापव‍ िगर,‍ धसट्रा‍

रोड,‍कालापट्टी,

कोयम्बत्तूर‍- 64104

साफ,‍ िंडे‍ पािी‍ के‍

धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍पम्प

IS 8472 : 1998

7. 6500021798

20161222

मेससव‍वाधहिी‍इंजीधियररंग

No. 36, रेणुका‍गाडवि,

करुपरायि‍

पालयम,‍

मैलमपट्टी‍

पोस्ट,‍

कोयम्बत्तूर‍- 641062

कृधष‍ एवं‍ जल‍ आपूर्तव‍

के‍धलए‍साफ‍और‍िंडे‍

पािी‍ के‍ धबजली‍ के‍

मोिोसेट‍पम्प

IS 9079 : 2002

8. 6500021697

20161222

मेससव‍वाधहिी‍इंजीधियररंग

No. 36, रेणुका‍गाडवि,

करुपरायि‍

पालयम,‍

मैलमपट्टी‍

पोस्ट,‍

कोयम्बत्तूर‍- 641062

गहरे‍ कुओं‍ के‍ धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

[सं.‍सी‍एम‍डी/13 : 11]

टी.‍कलैवाणि, वैज्ञाधिक ‘एफ’ एवं‍प्रमुख

New Delhi, the 9th February, 20-17

S.O. 1054.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address

(Factory) of the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500021192

20161201

M/s.

Nirmal

Pumps

Private Limited

SF No. 434, 6TH Cross,

Vilankuruchi Road,

Centrifugal Pumps for clear,

cold

water-

Part

1-

Agricultural

and

Rural

Water Supply purpose

IS 6595 (Part 1): 2002

II

(ii)

2347

Near Thanneer Pandhal,

Coimbatore - 641004

2.

6500021293

20161202

M/s. Reva Aqua

284/1, Kamarajar Salai,

Athani Post, Bhavani Tk,

Erode - 638502

Packaged Drinking Water

(other

than

Packaged

Natural Mineral Water)

IS 14543 : 2004

3.

6500021394

20161215

M/s. Hindusthan Heavy

Electricals

Private

Limited

66,

Avarampalayam

Road,K R Puram,

Coimbatore - 641006

Outdoor type three-phase

distribution transformers up

to and including 100 kVA

11 kV:Part 1 Non-sealed

type

IS 1180 (Part 1): 2014

4.

6500021495

20161219

M/s. Athivinayakar Wires

Pvt.Ltd.

1254,

Avanashi

Road,

Peelamedu,

Coimbatore - 641001

PVC Insulated cables for

working voltages upto and

including 1100 V

IS 694 : 2010

5.

6500021596

20161221

M/s. Bildon Steel India

Limited

SF No. 220/1,2,3. Chinna

Kannur,

Kanur, Cheyur,Avinashi

Tk

Coimbatore - 641655

High Strength Deformed

Steel Bars and Wires for

concrete reinforcement

IS 1786 : 2008

6.

6500021899

20161222

M/s. Trendy Engineering

Company

134, Sharp Nagar, Sitra

Road,

Kalapatti,

Coimbatore - 64104

Centrifugal

Regenerative

Pumps for clear, cold water

IS 8472 : 1998

7.

6500021798

20161222

M/s. Vahinie Engineering

No. 36, Renuka Garden,

Karuparayan Palayam ,

Mylampatti Post,

Coimbatore - 641062

Electric Monoset Pumps for

clear,

cold

water

for

agricultural

and

water

supply purposes

IS 9079 : 2002

8.

6500021697

20161222

M/s. Vahinie Engineering

No. 36, Renuka Garden,

Karuparayan Palayam ,

Mylampatti Post,

Coimbatore - 641062

Openwell

Submersible

Pumpsets

IS 14220 : 1994

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

2348

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िई‍ददल्‍ली,‍‍9‍फरवरी,‍2017

का.आ. 1055.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम,‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍

शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500021903

20170104

मेससव‍

एस‍

के‍

एस‍

एक्सेसरीस‍यूधिट‍II

शेड‍

सं.‍

5,

धसडको‍

इंडधस्ययल‍

एस्टेट,‍

मलुधमचमपट्टी,‍

कोयम्बत्तूर‍-641021

साफ,‍िंडे‍पािी‍के‍धलए‍

अपकेंद्रीय‍ पुिरुत्पादक‍

पम्प

IS 8472 : 1998

2.

6500022093

20170105

मेससव‍

धसधबराजा‍

िगै‍

माधलगै

252,

मुख्य‍

सडक,

कान्‍दगेयम-638701

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍ आभूषण/

धशल्‍पकारी‍ –‍ शुिता‍

एवं‍मुहरांकि

IS 1417 : 2016

3.

6500022598

20170123

मेससव‍

एस‍

पी‍

एस‍

ट्रान्‍दसफोमवसव

स.‍

सं.‍

192/2A,

192/2B1, 192/3B1,

एस‍ एि‍ एम‍ वी‍ कॉलेज‍

रोड,

मलुधमचमपट्टी,‍

कोयम्बत्तूर‍-641050

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

4.

6500022699

20170123

मेससव‍ श्री‍ रंगासामी‍ गौन्‍दडर‍

ज्वेलरी

281/173,

416/682,

मुख्य‍

सडक,

िधम्बयूर-638458

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍ आभूषण/

धशल्‍पकारी‍ –‍ शुिता‍

एवं‍मुहरांकि

IS 1417 : 2016

5.

6500022396

20170123

मेससव‍

दुगाव‍

ट्रान्‍दसफोमवसव‍

प्राईवेट‍धलधमटेड

70 A & B, एच‍ ई‍ एम‍

रोड,‍

के‍

आर‍

पुरम,‍

कोयम्बत्तूर‍-641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

II

(ii)

2349

6.

6500022497

20170123

मेससव‍एलट्रो‍मेक‍इंडस्ट्रीस

68, एच‍ई‍एम‍रोड,‍के‍आर‍

पुरम,‍

कोयम्बत्तूर‍- 641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

7.

6500022194

20170123

मेससव‍सहंदुस्ताि‍ट्रान्‍दसफोमवसव‍

इंधडया‍प्राईवेट‍धलधमटेड

72, एच‍ई‍एम‍रोड,‍के‍आर‍

पुरम,‍

कोयम्बत्तूर‍- 641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

8.

6500022295

20170123

मेससव‍

इंडधस्ट्रयल‍

हीटसव‍

एण्ड‍ट्रान्‍दसफोमवसव

69/1, एच‍ ई‍ एम‍ रोड,‍ के‍

आर‍पुरम,‍

कोयम्बत्तूर‍- 641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

9.

6500022703

20170124

मेससव‍महेन्‍दद्रा‍पम्प्स‍प्राईवेट‍

धलधमटेड‍यूधिट‍II

28, अम्मि‍कुलम‍रोड,

कोयम्बत्तूर‍- 641037

गहरे‍ कुओं‍ के‍ धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

10. 6500022804

20170125

मेससव‍सुधभिा‍पम्प्स‍इंडस्ट्री

6,‍

पेठरयार‍

िगर,‍

गोधवन्‍ददािायकि‍

पालयम,‍

कोयम्बत्तूर‍- 641110

साफ,‍िंडे‍पािी‍के‍धलए‍

अपकेंद्रीय‍ पुिरुत्पादक‍

पम्प

IS 8472 : 1998

11. 6500022905

20170127

मेससव‍धवधवि‍इंडस्ट्रीस

69/2, एच‍ ई‍ एम‍ रोड,‍ के‍

आर‍पुरम,‍

कोयम्बत्तूर‍- 641006

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

12. 6500023095

20170130

मेससव‍

एम्पटेक‍

पवर‍

ट्रान्‍दसफोमवसव

8/42,‍ अधतपालयम‍ रोड,‍

धचन्नावेदमपट्टी,

कोयम्बत्तूर‍-‍641049

बाह्य‍ रंग‍ तल‍ इम्मस्डव‍

धवतरण‍

ट्रान्‍दसफोमवर‍

तक‍ 100 kVA, 11

kV: भाग 1-‍ धबिा‍

मुहर‍प्रकार‍के

IS 1180 : Part 1 :

2014

13. 6500023196

20170131

मेससव‍ जपाि‍ टेक्नोलोधजस‍

इन्‍दक

सं.‍

3/197,

धपल्लयार‍

साफ,‍िंडे‍पािी‍के‍धलए‍

अपकेंद्रीय‍ पुिरुत्पादक‍

पम्प

IS 8472 : 1998

2350

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

कोइल‍

सडक‍

पूवव,‍

वेंदकटापुरम,‍

कोयम्बत्तूर‍- 641062

14. 6500023297

20170131

मेससव‍ एस‍ पी‍ मधण‍ एण्ड‍

मोहि‍डयरी‍इंधडया‍प्राईवेट‍

धलधमटेड

सं‍34 एवं 84, जीविन्‍दतम‍

सडक,‍

कोल्लमपालयम,‍

ईरोड‍- 638002

मलाईरधहत‍

दूि‍

पाऊडर – भाग 1 –

सामान्‍दय‍ग्रेड

IS 13334 (Part 1 ):

2014

[सं.‍सी‍एम‍डी/13‍: 11]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख‍

New Delhi, the 9th February, 2017

S.O. 1055.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of

the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500021903

20170104

M/s. S.K.S Accessories Unit II

Shed No. 5, SIDCO Industrial

Estate,

Malumichampatti,

Coimbatore-641021

Centrifugal

Regenerative

Pumps

for

clear,

cold

water

IS 8472 : 1998

2.

6500022093

20170105

M/s. Sibiraja Nagai Maligai,

252,

Main

Road,

Kangeyam-638701

Gold and Gold Alloys,

Jewellery/

Aertefacts-

Fineness and Marking

IS 1417 : 2016

3.

6500022598

20170123

M/s. SPS Transformers Private

Limited

S

No.

192/2A,

192/2B1,

192/3B1, SNMV College Road,

Malumichampatty,

Coimbatore-641050

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

4.

6500022699

20170123

M/s. Sri Rangasamy Gounder

Jewellery

281/173, 416/682, Main Road,,

Nambiyur-638458

Gold and Gold Alloys,

Jewellery/

Artefacts

-

Fineness and Marking

IS 1417 : 2016

5.

6500022396

20170123

M/s. Durga Transformers Pvt.

Ltd.

70 A & B, H E M Road, K R

Puram, Coimbatore -641006

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

6.

6500022497

20170123

M/s. Electro Meck Industries

68, H E M Road,

K R Puram ,

Coimbatore-641006

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

II

(ii)

2351

7.

6500022194

20170123

M/s. Hindusthan Transformers

India Pvt.Ltd

72, H E M Road, K R Puram,

Coimbatore-641006

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

8.

6500022295

20170123

M/s.

Industrial

Heaters

And

Transformers

69/1, H E M Road, K R Puram,

Coimbatore-641006

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

9.

6500022703

20170124

M/s. Mahendra Pumps Private

Limited Unit-II

28,

Amman

Kulam

Road,

Coimbatore -641037

Openwell

Submersible

Pumpsets

IS 14220 : 1994

10.

6500022804

20170125

M/s. Subhiksha Pumps Industry

6,Periyar Nagar,

Govindanaicken

Palayam,

Coimbatore-641110

Centrifugal

Regenerative

Pumps

for

clear,

cold

water

IS 8472 : 1998

11.

6500022905

20170127

M/s.

Vivin

Industries

69/2,

H.E.M

Road,

K

R

Puram,

Coimbatore-641006

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

12.

6500023095

20170130

M/s.

Amptech

Power

Transformers

8/42 Athipalayam Road,

Chinnavedampatty,

Coimbatore-641049

Outdoor type three-phase

distribution

transformers

up to and including 100

kVA 11 kV:Part 1 Non-

sealed type

IS 1180 : Part 1 :

2014

13.

6500023196

20170131

M/s. Japan Technologies Inc

No. 3/197, Pillayar Koil Street

East,

Venkitapuram,

Coimbatore-641062

Centrifugal

Regenerative

Pumps

for

clear,

cold

water

IS 8472 : 1998

14.

6500023297

20170131

M/s. S P Mani And Mohan Dairy

India Private Limited

No 34 & 84, Jeevanantham

Street,

Kollampalayam,

Erode-638002

Skimmed Milk Powder –

Part 1 – Standard Grade

IS 13334 (Part 1 ):

2014

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ and Head

िई‍ददल्‍ली, 9‍फरवरी,‍2017

का.आ.‍ 1056.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/स्थधगत‍कर‍ददया‍गया‍है:—

2352

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

फरवरी‍‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13 : 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1056.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations, 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

FEBRUARY 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.‍ 1057.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम,‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:—

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

माचव‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1057.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations, 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

II

(ii)

2353

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

MARCH 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1058.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

अप्रैल‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13 : 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1058.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

APRIL 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1059.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

2354

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

मई‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13 : 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1059.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

MAY 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.‍ 1060.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्न‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

क्र.

सं.

लाइसेंस‍सं

सी‍एम/‍एल- लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍धतधथ

1.

6500010692 मेससव‍आिन्‍दद‍एक्वा‍प्रोडक्ट

एस‍ एफ‍ सं 422/1, आिन्‍दद‍

वेय‍ धब्रज‍ के‍ पीछे,‍ भवािी‍

ब्स्टलॉक,‍तोट्टीपालटम,

भवािी‍तालुक,‍

ईरोड‍-638312

पैकेजबंद‍पेय‍जला‍(पैकेजबंद‍)‍(धमिरल‍जल‍

के‍अलावा)

आईएस 14543: 2004

29-06-2016

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

II

(ii)

2355

New Delhi, the 9th February, 2017

S.O. 1060.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

1.

6500010692

M/s.

Anand

Aqua

Product

SF No 422/1, Anand Weigh Bridge

Backside, Bhavani Block, Thottipalayam,

Bhavani Taluk, Erode-638312

Packaged Drinking Water (other

than Packaged Natural Mineral

Water)

IS 14543: 2004

29-06-2016

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1061.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

जुलाई‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13 : 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1061.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

JULY 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1062.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्न‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

2356

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

अिुसूची

क्र.

सं.

लाइसेंस‍सं

सी‍एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍

लाइसेंस‍के‍अंतगवत‍वस्तु/ प्ररम म‍

सम्बि‍भारतीय‍मािक‍का‍शीषवक

रद्द‍होिे‍की‍धतधथ

1.

6781488

मेससव‍हठरकृष्णा‍ज्वेलरी

34, ईश्वरि‍कोइल‍सडक,‍

धतरुप्पुर‍-‍641604

स्‍वणव‍

एवं‍

स्‍वणव‍

धमश्रिातुएं,‍

आभूषण/ धशल्‍पकारी‍ –‍ शुिता‍ एवं‍

मुहरांकि

आईएस 1417: 1999

19-08-2016

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1062.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

1.

6781488

M/s. Harikrishna Jewellery

34, Easwaran Koil Street,

Tirupur -641604

Gold and Gold Alloys, Jewellery/

Artefacts – Fineness and Marking

IS 1417: 1999

19-08-2016

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियमि‍5‍के‍उपधवधियमि‍(6)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्न‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍तारीख‍से‍

रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

क्र.

सं.

लाइसेंस‍सं

सी‍एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍

लाइसेंस‍के‍अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍

भारतीय‍मािक‍का‍शीषवक

रद्द‍होिे‍की‍धतधथ

1.

6118558

मेससव‍जेि‍इंडस्ट्रीस

यूधिट‍फफ‍सी‍आर‍आई‍पम्प्स‍प्राईवेट‍

धलधमटेड

गहरे‍कुओं‍के‍धलए‍धिम्मजिीय‍पम्पसेट

आईएस 14220: 1994

16-09-2016

II

(ii)

2357

122बी, अधत्तपालयम‍रोड,

धचन्नावेदमपट्टी,‍गणपधत,

कोयम्बत्तूर - 641049

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1063.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

1.

6118558

M/s. Jan Industries

Unit of C.R.I. Pumps Private Limited

122B, Athipalayam Road,

Chinnavedampatti,

Ganapathy,

Coimbatore - 641049

Openwell Submersible Pumpsets

IS 14220: 1994

16-09-2016

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली, 9‍फरवरी,‍2017

का.आ.‍ 1064.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

अक्‍तूबर‍‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

2358

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

New Delhi, the 9th February, 2017

S.O. 1064.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

OCTOBER 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली, 9‍फरवरी,‍2017

का.आ.‍ 1065.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

िवम्‍बर‍‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1065.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

NOVEMBER 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली, 9‍फरवरी,‍2017

का.आ.‍ 1066.—भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

II

(ii)

2359

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍

एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

ददसम्‍बर‍2016‍-‍शून्‍दय

[सं.‍सी‍एम‍डी/13‍: 13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1066.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant

Indian Standard covered by the

licence cancelled/ suspension

Date of

Cancellation

DECEMBER 2016 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1067.— भारतीय‍ मािक‍ ब्स्टयूरो‍ (प्रमाणि)‍ धवधियम‍ 1988‍ के‍ धवधियमि‍ 5‍ के‍ उपधवधियमि‍ (6)‍ के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍

तारीख‍से‍रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍का‍

शीषवक

रद्द‍होिे‍की‍

धतधथ

1.

4744472 मेससव‍

जयश्री‍

प्लाधस्टक्स‍

241-G,

पेरूर‍

सडक,

कुमारापालयम,

कोयम्बत्तूर -641026

पैकेजबंद‍धमिरल‍जल‍एवं‍पैकेजबंद‍पेय‍जल‍को‍

पैक‍करिे‍के‍पात्र

IS 15410 : 2003

19/01/2017

2.

6806781

मेससव‍ जैि‍ इठरगेशि‍ धसस्टम्स‍

धलधमटेड

एस‍ एफ‍ सं 248/2,3, 90,

एल्लयामुतूर‍

गााँव,‍

उडुमलपेट,‍

कोयम्बत्तूर‍(धजला)‍-‍642154

पेयजल‍ आपूर्तव‍ के‍ धलए‍ उच्च‍ घित्व‍ वाले‍

पॉलीएधथलीि‍पाइप्स

IS 4984 : 1995

19/01/2017

3.

6806882 मेससव‍ जैि‍ इठरगेशि‍ धसस्टम्स‍

धलधमटेड

पेयजल‍आपूर्तव‍ के‍ धलए‍ अप्लाधस्टकृत‍ पी‍ वी‍ सी‍

पाइप्स

19/01/2017

2360

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

एस‍ एफ‍ सं 248/2,3, 90,

एल्लयामुतूर‍

गााँव,‍

उडुमलपेट,‍

कोयम्बत्तूर‍(धजला)‍-‍642154

IS 4985 : 2000

4.

6820270

मेससव‍ जैि‍ इठरगेशि‍ धसस्टम्स‍

धलधमटेड‍ एस‍ एफ‍ सं 248/2,3,

90, एल्लयामुतूर‍गााँव,‍उडुमलपेट,‍

कोयम्बत्तूर‍(धजला)‍-‍642154

ससंचाई‍ उपस्कर‍ –‍ सस्प्रंक्लर‍ पाइप‍ –‍ भाग‍ 2‍ –‍

सहज‍संयोजी‍पॉलीएधथलीि‍पाइप‍तथा‍दफरटंग्स

IS 14151 (Part 2): 2008

19/01/2017

5.

6820371

मेससव‍ जैि‍ इठरगेशि‍ धसस्टम्स‍

धलधमटड‍ एस‍ एफ‍ सं 248/2,3,

90, एल्लयामुतूर‍गााँव,‍उडुमलपेट,‍

कोयम्बत्तूर‍(धजला)‍-‍642154

ससंचाई‍ उपस्कर‍ –‍ सस्प्रंक्लर‍ पाइप‍ –‍ भाग‍ 1‍ –

पॉलीएधथलीि‍पाइप

IS 14151 : Part 1 : 1999

19/01/2017

[सं.‍सी‍एम‍डी/13‍:13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1067.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards

(Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of

which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant Indian

Standard covered by the licence cancelled/

suspension

Date of

Cancellation

1.

4744472

M/s.

Jaishri

Plastics

241-G, Perur Road,

Kumarapalayam,

Coimbatore -641026

Containers For Packaging Of Natural Mineral

Water And Packaged Drinking Water

IS 15410 : 2003

19/01/2017

2.

6806781

M/s. Jain Irrigation Systems Ltd.

SF NO. 248/2,3, 90, Ellayamuthur

Village, Udumalpet,

Coimbatore (Dt)-642154

High Density Polyethylene Pipes For Potable

Water Supplies

IS 4984 : 1995

19/01/2017

3.

6806882

M/s. Jain Irrigation Systems Ltd.

SF NO. 248/2,3, 90, Ellayamuthur

Village, Udumalpet,

Coimbatore (Dt)-642154

Unplasticized PVC Pipes For Potable Water

Supplies

IS 4985 : 2000

19/01/2017

4.

6820270

M/s. Jain Irrigation Systems Ltd.

SF NO. 248/2,3, 90, Ellayamuthur

Village, Udumalpet,

Coimbatore (Dt)-642154

Irrigation Equipment - Sprinkler Pipes- Part 2:

Quick Coupled Polyethylene Pipes

IS 14151 (Part 2): 2008

19/01/2017

5.

6820371

M/s. Jain Irrigation Systems Ltd.

SF NO. 248/2,3, 90, Ellayamuthur

Village, Udumalpet,

Coimbatore (Dt)-642154

Irrigation Equipment - Sprinkler Pipes - Part 1:

Polyethylene Pipes

IS 14151 : Part 1 : 1999

19/01/2017

[No. CMD/13:13]

T. KALAIVANAN, Scientist ‘F’ & Head

II

(ii)

2361

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ.‍1068.— भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍ददए‍गए‍हैं,‍वे‍स्वीकृत‍

कर‍ददए‍गए‍हैं:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍करिे‍

की‍धतधथ‍

वषव/ माह

लाइसेंसिारी‍का‍िाम‍व‍पता

भारतीय‍मािक‍का‍

शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1. 6500023398 20170206

मेससव‍पी.‍बी.‍एस.‍िगै‍माधलगै

61, बज़ार‍स्ट्रीट,‍

गोबीचेट्टीपालयम – 638 452.

स्‍वणव‍एवं‍स्‍वणव‍

धमश्रिातुएं,‍आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 1417 : 2016

2. 6500023499 20170209

मेससव‍रामप्रकाश‍ज्वेलरी

435, धबग‍बज़ार‍स्ट्रीट,

कोयम्बत्तूर – 641 001.

स्‍वणव‍एवं‍स्‍वणव‍

धमश्रिातुएं,‍आभूषण/

धशल्‍पकारी‍–‍शुिता‍

एवं‍मुहरांकि

IS 1417 : 2016

[सं.‍सी‍एम‍डी/13‍:11]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi, the 9th February, 2017

S.O. 1068.— In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards

(Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of

which are given in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of

the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500023398

20170206

M/s. P.B.S. Nagai Maaligai

61, Bazaar Street

Gobichettipalayam – 638 452.

Gold and Gold Alloys,

Jewellery/ Aertefacts-

Fineness and Marking

IS 1417 : 2016

2.

6500023499

20170209

M/s. Ramprakash Jewellery

435, Big Bazaar Street

Coimbatore – 641 001.

Gold and Gold Alloys,

Jewellery/ Aertefacts-

Fineness and Marking

IS 1417 : 2016

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,‍9‍फरवरी,‍2017

का.आ. 1069.— भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियम‍4‍के‍उपधियम‍(5)‍के‍

अिुसरण‍में‍भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धजि‍लाइसेंसों‍के‍धववरण‍िीचे‍अिुसूची‍में‍

ददए‍गए‍हैं,‍वे‍स्वीकृत‍कर‍ददए‍गए‍हैं:—

2362

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

स्वीकृत‍

करिे‍की‍

धतधथ‍वषव/

माह

लाइसेंसिारी‍का‍िाम‍व‍

पता

भारतीय‍मािक‍का‍शीषव

भा‍मा‍‍सं‍(भाग/

अिुभाग)‍: वषव

1.

6500023503 20170309

मेससव‍श्री‍वी‍आर‍ज्वेलरी

98/6, वैश्याल‍स्ट्रीट,

कोयम्बत्तूर – 641 001

स्‍वणव‍एवं‍स्‍वणव‍धमश्रिातुएं,‍

आभूषण/ धशल्‍पकारी‍–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 2016

2.

6500023604 20170310

मैससव‍ आशा‍तंगा‍माधलगै‍

सं.

137,

कार‍

स्ट्रीट,‍

शौरीपालयम,

कोयम्बत्तूर – 641 028

स्‍वणव‍एवं‍स्‍वणव‍धमश्रिातुएं,‍

आभूषण/ धशल्‍पकारी‍–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 2016

3.

6500023705 20170317

मेससव‍

श्री‍

अयप्पि‍

धसधलन्‍दडसव

एस‍

एफ‍

सं.

201/3,

201/2‍का‍भाग,

कृष्णापुरम,‍ धवजयामंगलम‍

पोस्ट,‍

पेरुन्‍ददुरै,‍ईरोड– 638 056

अल्प‍दाब‍एवं‍दावणोय‍

गैसों‍के‍धलए‍5‍धलटर‍से‍

अधिक‍जल‍िमता‍वाले‍

वेधल्डत‍अल्प‍काबवि‍इस्पात‍

के‍धससलंडर‍–‍उपयोग‍दकए‍

गए‍एल‍पी‍जी‍धससलंडरों‍के‍

पुििवीयि‍एवं‍धिरीिण‍

को‍अपेिाय

IS 13258 : 2014

4.

6500023806 20170320

मैससव लेिोरा‍ ग्लव‍ प्राईवेट‍

धलधमटेड‍

15/104-1, रोट्टीगौन्‍दडन्नुर,‍

धतरुमलयमपालयम

(पोस्ट), मद्क्क्करै ,

कोयम्बत्तूर‍ – 641 105

एक‍बार‍उपयोग‍वाले‍रबड‍

के‍शल्य‍दरम या‍दस्तािे

IS 13422 : 1992

5.

6500024097 20170327

मेससव‍

मयूरा‍

पैकेसजंग‍

प्राईवेट‍धलधमटेड

एस‍

एफ‍

सं.

851/3,

कोसयमपालयम‍

धपठरवु,‍

कण्डैयम‍

कोधवल,

कोयमबत्तूर-धत्रची‍ एि‍ एच‍

रोड,

धतरुप्पुर‍ – 641 665

धवस्फोटकों‍के‍पैकेज‍के‍धलए‍

सामान्‍दय‍

आवश्यकताएं:

भाग‍ 1 - वाधणधज्यक‍ उच्च‍

धवस्फोटक

IS 10212 (Part

1): 1986

6.

6500023907 20170328

मेससव‍एपेक्स‍इंडस्ट्री

330/2C3,‍कालापट्टी‍रोड,‍

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

II

(ii)

2363

िेहरु‍ िगर,‍ कोयम्बत्तूर‍ –

641 012

7.

6500024198 20170328

मेससव‍ चेरि‍ स्टील्स‍ प्राईवेट‍

धलधमटेड

एस‍

एफ‍

सं.

42/2,

मुल्लुपाडी‍ रेल्वे‍ गेट‍ रोड,‍

सुलक्कल,‍दकितकडवु,‍

कोयम्बत्तूर‍– 642 110

संरचिा‍ इस्पात (सािारण‍

गुणवत्ता)

IS 15911 : 2010

8.

6500024404 20170329

मेससव‍के‍एम‍पी‍इंडस्ट्रीस‍

सं. 32/1, सी‍एम‍कल्याणा‍

मंडपम‍के‍पास,‍

पी‍

एि‍

पालयम‍ रोड,‍

गणपधत,

कोयम्बत्तूर - 641 006

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

9.

6500024299 20170329

मेससव‍महालक्ष्मी‍पम्प्स

23, शोभा‍ िगर, II वााँ

सडक, के‍आर‍पुरम,

आवारमपालयम,

कोयम्बत्तूर - 641 006

गहरे‍

कुओं‍

के‍

धलए‍

धिम्मजिीय‍पम्पसेट

IS 14220 : 1994

10. 6500024303 20170329

मेससव‍महेन्‍दद्रा‍पम्प्स‍प्राईवेट‍

धलधमटेड‍यूधिट‍1

6/433, पी‍ एि‍ पालयम‍

रोड,‍पुधलयाकुलम,

कोयम्बत्तूर – 641 045

स्वत:‍ प्राइसमंग‍ अपकेंद्रीय‍

पम्प

IS 8418 : 1999

11. 6500024505 20170330

मेससव‍कोवै‍गोल्डि‍हाईटेक‍

कॉपर‍ प्रोडक््स‍ प्राईवेट‍

धलधमटेड

श्री‍ सुबा‍ गणेश‍ इंडधस्ट्रयल‍

एस्टेट,

एस‍ एफ‍ सं 222/4B और

222/5,

कुप्पेपालयम,‍

कट्टमपट्टी‍पोस्ट,‍कोयम्बत्तूर‍

– 641 017.

1100‍वोल्‍ट‍तक‍कायवकारी‍

वोल्‍टता‍ के‍ धलए‍पी‍ वी‍ सी‍

रोधित‍केबल

IS 694 : 2010

12. 6500023907 20170328

मेससव‍एपेक्स‍इंडस्ट्री

330/2C3,‍कालापट्टी‍रोड,‍

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

2364

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

िेहरु‍िगर,‍

कोयम्बत्तूर‍– 641 012

13. 6500024707 20170330

मेससव‍बेस्कोि‍इंडस्ट्रीस

सं. 6/10-11,‍ तन्नीर‍

पन्‍ददल‍रोड,

6वााँ सडक, मगेश्वरी‍िगर,‍

कोयम्बत्तूर – 641 004

साफ,‍ िंडे‍ पािी‍ के‍ धलए‍

अपकेंद्रीय‍पुिरुत्पादक‍पम्प

IS 8472 : 1998

14. 6500024606 20170330

मेससव‍ििवी‍कुकवेयसव

एस‍

एफ‍

सं.‍

99/2,

द.‍सं.‍1/20-2,

पल्लडम‍रोड, पाप्पमपट्टी,‍

कोयम्बत्तूर – 641 016

घरेलू‍‍प्रैशर‍कुकर

IS 2347 : 2006

15. 6500024808 20170330

मेससव‍

एमराल्ड‍

ज्वेलरी‍

रीटेइल‍धलधमटेड

‘ज्वेल‍वि’

दरवाजा‍ सं. 336/112,

पुरािा‍ सं. 184,‍ कुमरि‍

रोड,

धतरुप्पुर‍– 641 601

स्‍वणव‍एवं‍स्‍वणव‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 1417 : 2016

16. 6500024909 20170330

मेससव‍

एमराल्ड‍

ज्वेलरी‍

रीटेइल‍धलधमटेड

‘ज्वेल‍वि’

दरवाजा‍ सं. 336/112,

पुरािा‍ सं. 184,‍ कुमरि‍

रोड, धतरुप्पुर‍– 641 601

चााँदी‍एवं‍चााँदी‍धमश्रिातुएं,‍

आभूषण/

धशल्‍पकारी‍

–‍

शुिता‍एवं‍मुहरांकि

IS 2112 : 2014

17. 6500025099 20170331

मेससव‍ स्टेन्‍दडडव‍ इंजीधियररंग‍

इंडस्ट्रीज

एस‍

एफ‍

सं.

88/86,

इलन्‍दगो‍

िगर,‍

के.आर.‍

पुरम,‍आवारमपालयम,‍

कोयम्बत्तूर – 641 006

कृधष‍ एवं‍ जल‍ आपूर्तव‍ के‍

धलए‍साफ‍और‍िंडे‍पािी‍के‍

धबजली‍के‍मोिोसेट‍पम्प

IS 9079 : 2002

[सं.‍सी‍एम‍डी/13‍:11]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

II

(ii)

2365

New Delhi,

S.O.— In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification)

Regulation, 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given

in the following schedule:

SCHEDULE

Sl.

No.

Licence No.

Grant

Date

Name and Address (Factory) of

the Party

Title of the Standard

IS No. Part/

Sec. Year

1.

6500023503

20170309

M/s. Sri V R Jewellery

98/6, Vysial Street,

Coimbatore – 641 001

Gold and Gold Alloys,

Jewellery/

Aertefacts-

Fineness and Marking

IS 1417 : 2016

2.

6500023604

20170310

M/s. Asha Thanga Maligai

No. 137, Car Street, Sowripalayam,

Coimbatore – 641 028

Gold and Gold Alloys,

Jewellery/

Aertefacts-

Fineness and Marking

IS 1417 : 2016

3.

6500023705

20170317

M/s. Sri Ayyappan Cylinders

SF No. 201/3, Part of 201/2,

Krishnapuram,

Vijayamangalam

Post, Perundurai, Erode – 638 056

Welded

Low

Carbon

Steel

Cylinders

Exceeding 5 Litre Water

Capacity

For

Low

Pressure Liquefiable Gas

- Code Of Practice For

Inspection

And

Reconditioning Of Used

LPG Cylinders

IS 13258 : 2014

4.

6500023806

20170320

M/s. Lenora Glove Pvt Ltd

15/104-1, Rottigoundanur,

Thirumalayam Palayam (P. O.),

Madukkarai ,

Coimbatore – 641 105

Disposable

Surgical

Rubber Gloves

IS 13422 : 1992

5.

6500024097

20170327

M/s. Mayura Packaging Private

Limited

SF No. 851/3 Kosavampalayam

Pirivu Kandiyan Kovil, Coimbatore

To Trichy NH Road

Tirupur – 641 665

General requirements for

packages of Explosives:

Part 1 - Commercial high

explosives

IS 10212 (Part 1):

1986

6.

6500023907

20170328

M/s. Apex Industry

330/2C3, Kalapatti Road, Block,

Nehru

Nagar,

Coimbatore

– 641 012

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

7.

6500024198

20170328

M/s. Cheran Steels Private Limited

SF No. 42/2, Mulluppadi Railway

Gate

Road,

Sulakkal,

Kinathukadavu,

Coimbatore – 642 110

Structural

Steel

(Ordinary Quality)

IS 15911 : 2010

8.

6500024404

20170329

M/s. KMP Industrries

No.

32/1,

Near

CM

Kalyana

Mandapam,

P.N. Palayam Road, Ganapathy,

Coimbatore - 641 006

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

2366

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

9.

6500024299

20170329

M/s. Mahalakshmi Pumps

23, Shoba Nagar, II ND Street, K R

Puram,

Avarampalayam ,

Coimbatore - 641 006

Openwell

Submersible

Pumpsets

IS 14220 : 1994

10.

6500024303

20170329

M/s. Mahendra Pumps Pvt. Ltd.,

Unit 1

6/433, P.N. Palayam Road

Puliyakulam,

Coimbatore – 641 045

Horizontal

Centrifugal

Self-Priming Pumps

IS 8418 : 1999

11.

6500024505

20170330

M/s. Kovai Golden Hitech Copper

Products Pvt. Ltd.

Sree Suba Ganesh Industrial

Estate,

SF

No

222/4B

&

222/5,

Kuppepalayam,,

Kattampatti Post,

Coimbatore – 641 017.

PVC insulated cables for

working voltages upto

and including 1100 V

IS 694 : 2010

12.

6500023907

20170328

M/s. Apex Industry

330/2C3, Kalapatti Road, Block,

Nehru Nagar,

Coimbatore – 641 012

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

13.

6500024707

20170330

M/s. Bescon Industries

No. 6/10-11,Thanner Pandal Road,

6TH Street, Mageswari Nagar,

Coimbatore – 641 004

Centrifugal Regenerative

Pumps for clear, cold

water

IS 8472 : 1998

14.

6500024606

20170330

M/s. Dhanvi Cookwares

SF No. 99/2, D.No.1/20-2,

Palladam Road, Pappampatti,

Coimbatore – 641 016

Domestic

Pressure

Cookers

IS 2347 : 2006

15.

6500024808

20170330

M/s. Emerald Jewellery

Retail

Limited

‘Jewel One’

Door No. 336/112, Old No. 184,

Kumaran Road,

Tirupur – 641 601

Gold and Gold Alloys,

Jewellery/

Aertefacts-

Fineness and Marking

IS 1417 : 2016

16.

6500024909

20170330

M/s. Emerald Jewellery

Retail

Limited

‘Jewel One’

Door No. 336/112, Old No. 184,

Kumaran Road,

Tirupur – 641 601

Silver and Silver Alloys,

Jewellery/

Aertefacts-

Fineness and Marking

IS 2112 : 2014

II

(ii)

2367

17.

6500025099

20170331

M/s.

Standard

Engineering

Industries

SF No. 88/86, Elango Nagar,

K.R.Puram,

Coimbatore – 641 006.

Electric Monoset Pumps

for clear, cold water for

agricultural and water

supply purposes

IS 9079 : 2002

[No. CMD/13:11]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,

का.आ.—भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियमि‍5‍के‍उपधवधियमि‍(6)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍तारीख‍से‍

रद्द/स्थधगत‍कर‍ददया‍गया‍है:—

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍एम/‍

एल-

लाइसेंसिारी‍का‍िाम‍व‍पता

स्थधगत‍दकए‍गए/रद्द‍दकए‍गए‍लाइसेंस‍के‍

अंतगवत‍वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍

का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

1.

3507958

मेससव‍बी‍डी‍आर‍इंडस्ट्रीस

दरवाजा‍सं. 1, तन्‍दडालमुत्तु‍सडक,

िल्लमपालयम,‍गणपधत‍(पोस्ट),

कोयम्बत्तूर - 641006

IS 9283 : 2013

धिम्मजिीय‍पम्पसेट‍के‍धलए‍मोटर

01/02/2017

2.

6074160

मेससव‍ आयवि‍ मोटसव‍ (इंधडया)‍प्रायवेट‍

धलधमटडएस‍

एफ‍

सं.

128/1,

िरधसम्मािायकिपालयम,

मेटूपालयम‍ रोड,‍ कोयम्बत्तूर‍ -

641031

IS 9283 : 2013

धिम्मजिीय‍पम्पसेट‍के‍धलए‍मोटर

01/02/2017

3.

6182466

मेससव‍दफशर‍पम्प्स‍प्रायवेट‍धलधमटड

यूधिट

II,

9/10,

शापव‍

िगर,‍

कालापट्टी,‍

कोयम्बत्तूर - 641035

IS 8472 : 1998

साफ,‍

िंडे‍

पािी‍

के‍

धलए‍

अपकेंद्रीय‍

पुिरुत्पादक‍पम्प

02/02/2017

4.

6223757

मेससव‍मेजधस्टक‍मेशीि‍वक्सव

सं.‍ 9/23A, 23B, िेहरु‍ िगर,‍

कालापट्टी‍

रोड,‍

कोयम्बत्तूर - 641014

IS 9079 : 2002

कृधष‍एवं‍जल‍आपूर्तव‍के‍धलए‍साफ‍और‍िंडे‍

पािी‍के‍धबजली‍के‍मोिोसेट‍पम्प

02/02/2017

[सं.‍सी‍एम‍डी/13:13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

2368

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

New Delhi,

S.O.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification)

Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given

below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence

No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant Indian

Standard covered by the licence

cancelled/ suspension

Date of

Cancellation

1.

3507958

M/s. BDR Industries

Door No. 1, Thandalmuthu Street,

Nallampalayam, Ganapathy(P.O.),

Coimbatore - 641006

IS 9283 : 2013

Motors For Submersible Pumpsets

01/02/2017

2.

6074160

M/s. Aryen Motors (India) Private

Limited

SF

No.

128/1,

Narasimmanaickenpalayam,

Mettupalayam

Road,

Coimbatore -641031

IS 9283 : 2013

Motors For Submersible Pumpsets

01/02/2017

3.

6182466

M/s. Fisher Pumps Pvt Limited

Unit II, 9/10, Sharp Nagar,

Kalapatti,

Coimbatore -641035

IS 8472 : 1998

Centrifugal Regenerative Regenerative

Pumps For Clear, Cold Water

02/02/2017

4.

6223757

M/s.

Majestic

Machine

Works

No.9/23A,

23B,

Nehru

Nagar,

Kalapatti

Road,

Coimbatore -641014

IS 9079 : 2002

Electric Monoset Pumps For Clear, Cold

Water For Agricultural And Water

Supply Purposes

02/02/2017

[No. CMD/13:13]

T. KALAIVANAN, Scientist ‘F’ & Head

िई‍ददल्‍ली,

का.आ.—‍भारतीय‍मािक‍ब्स्टयूरो‍(प्रमाणि)‍धवधियम‍1988‍के‍धवधियमि‍5‍के‍उपधवधियमि‍(6)‍के‍अिुसरण‍में‍

भारतीय‍मािक‍ब्स्टयूरो‍एतदद्वारा‍अधिसूधचत‍करता‍है‍दक‍धिम्‍ि‍धववरण‍वाले‍लाइसेंसों‍को‍उिके‍आगे‍दशावई‍गई‍तारीख‍से‍

रद्द/‍स्थधगत‍कर‍ददया‍गया‍है:-

अिुसूची

रम .‍

सं.‍

लाइसेंस‍सं

सी‍एम/‍एल-

लाइसेंसिारी‍का‍िाम‍व‍

पता

स्थधगत‍दकए‍गए/‍रद्द‍दकए‍गए‍लाइसेंस‍के‍अंतगवत‍

वस्तु/ प्ररम म‍सम्बि‍भारतीय‍मािक‍का‍शीषवक

रद्द‍होिे‍की‍

धतधथ

1.

2388668

मेससव‍श्री‍ििलक्ष्मी‍फौन्‍दड्री

1352A, सधत‍रोड,

सी‍ एम‍ एस‍ स्कूल‍ के‍ पास,

गणपधत,

कोयम्बत्तूर‍-641006

IS 9079 : 2002

कृधष‍एवं‍जल‍आपूर्तव‍के‍धलए‍साफ‍और‍िंडे‍पािी‍के‍

धबजली‍के‍मोिोसेट‍पम्प

14/03/2017

II

(ii)

2369

2.

6500021798 मेससव‍वाधहिी‍इंजीधियररंग

No. 36, रेणुका‍गाडवि,

करुपरायि‍

पालयम,‍

मैलमपट्टी‍पोस्ट,‍

कोयम्बत्तूर‍- 641062

IS 9079 : 2002

कृधष‍एवं‍जल‍आपूर्तव‍के‍धलए‍साफ‍और‍िंडे‍पािी‍के‍

धबजली‍के‍मोिोसेट‍पम्प

21/03/2017

[सं.‍सी‍एम‍डी‍13:13]

टी.‍कलैवाणि,‍वैज्ञाधिक‍‘एफ’‍एवं‍प्रमुख

New Delhi,

S.O.— In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification)

Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given

below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl.

No.

Licence No.

CM/L-

Name & Address of the Licensee

Article/ Process with relevant Indian

Standard covered by the licence

cancelled/ suspension

Date of

Cancellation

1.

2388668

M/s. Sri Dhanalakshmi Foundry

1352A, Sathy Road,

Near

CMS

School,

Ganapathy,

Coimbatore -641006

IS 9079 : 2002

Electric Monoset Pumps For Clear, Cold

Water For Agricultural And Water

Supply Purposes

14/03/2017

2.

6500021798

M/s. Vahinie Engineering

No. 36, Renuka Garden,

Karuparayan Palayam , Mylampatti

Post, Coimbatore -641062

IS 9079 : 2002

Electric Monoset Pumps For Clear, Cold

Water For Agricultural And Water

Supply Purposes

21/03/2017

[No. CMD/13:13]

T. KALAIVANAN, Scientist ‘F’ & Head

2370

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 17th April, 2017

S.O. 1072.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 327/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Tirunelveli and their workman, which was received by the Central Government

on 03.04.2017.

[No. L-40011/34/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 327/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

The General Manager, Telecom

:

2nd Party/Respondent

BSNL, Department of Telecom

Bye Pass Road

Vannarpet

Tirunelveli-627003

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/34/2003-IR (DU) dated

05.03.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the demand of the Union for regularization of 66 Line Workers (list enclosed) who worked under

BSNL, Tirunelveli is justified, if so the relief they are entitled to?”

II

(ii)

2371

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 327/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Union registered under the Trade Unions Act. It has a substantial number of permanent

workmen working in BSNL as its members. The workmen concerned in the ID are doing line work. They are working

through the alleged contractor. Even though the contractors change often the employees continue to be the same. All

the employees concerned in the dispute are Class-IV employees for whom sponsorship from Employment Exchange is

not required. The contract system is only a camouflage. The overall control of the so-called contract labour remains

with the telecom department. There are regular sanctioned posts for regularizing the employees concerned in the case.

The concerned workmen are entitled to be made permanent on completion of 480 days in a period of 24 calendar

months. The workmen are entitled to be absorbed in the establishment from the date of their joining the service.

4.

The Respondent has filed Counter Statement contending as below:

The Petitioner Union is not a representative Union of BSNL. Apart from that the Union was originally having

membership of regular staff alone. The workmen concerned in the dispute are not members of the Petitioner Union. So

the Union is not competent to represent them. The concerned workmen are not known to the Respondents. The

petitioner has admitted that the concerned workmen are contract labourers. The work is supervised by the

contractual agency. The Respondents pay bills to the concerned agency only. The petitioner has no locus-standi to

espouse the cause of persons who are not employees of the Respondents. The contracts are not sham. The Contractors

were given work according to the work requirement only. BSNL is not responsible for the labourers employed by the

Contractors. A regular set of staff is available for carrying out regular nature of work in BSNL. The work done by the

contract workers are not perennial in nature. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.W7 and Ext.M1 to Ext.M13.

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The dispute is raised on behalf of 66 workmen whose names and other details are given in the annexure to the

Schedule of reference. These 66 workmen on whose behalf the dispute is raised are said to be doing Line Work in

Tirunelveli Division of the Respondent. It is stated that though the workmen are working through Contractors, the

Contractors change often but the workmen continue to do the same work. The so-called contract system is said to be a

sham one. The petitioner has stated that the concerned workmen are entitled to absorption in the service of the

Respondent because the contract system under which they are working is a sham one. The petitioner has claimed

permanency for the workmen under TNIE Act also on the basis that they have worked for more than 480 days in a

period of 24 calendar months.

8.

One of the concerned workman has been examined as WW1. He has stated in his affidavit in lieu of Chief

Examination filed by him that he is giving evidence on behalf of all the concerned workmen. He has stated that all of

them were doing the work of Lineman under the Department of Telecom and subsequently BSNL and they had been

paying wages to them directly. WW1 has given the names of the officials who are said to have extracted work from the

workmen.

9.

Out of 7 documents marked on behalf of the petitioner, Ext.W4 is a replica of the annexure to the Schedule of

reference, Ext.W5 is the Bye-Laws of the Petitioner Union and Ext.W6 is the resolution of the Union. Ext.W7 is the

copy of some questions raised in the Parliament pertaining to contract workers. Only Ext.W1 to Ext.W3 pertains to the

workmen concerned.

10.

It is to be examined whether Ext.W1 to Ext.W3 establish the case of the concerned workman. Ext.W1 includes a

certificate issued to WW1 by a Junior Telecom Officer stating that he was doing work on contract basis in the years

2000 and 2001 and January to July 2002. The certificate does not show on which date it was issued. There is another

certificate issued to one S. Mohan, one of the concerned workman stating that he had taken many contract works from

JTO, Vadakkankulam during the period from 10.02.2002 to 08.07.2002. Ext.W2 which refers to the joining report of

Mohan on contract labour issued on 11.03.2000 also is there. Other than these no other documents in respect of this

workman are available.

11.

Ext.W3 is described as working particulars of certain months pertaining to 2001, 2002, 2003 and 2004. These

are neither continuous nor specify in respect of whom. Apart from this, there is nothing to show that this is a document

2372

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[PART II—SEC. 3(ii)]

that has generated from the Respondent establishment. It does not have the seal of the establishment or the signature of

any official.

12.

With the three documents discussed above it will not be possible to come to a conclusion that even those

workmen named have been working for the establishment under the so-called contract system which is a sham one as is

the case of the petitioner. This would not establish even the case that those workmen have worked for more than 480

days within 24 calendar months. So far as the other workmen are concerned, their names do not appear anywhere in

the documents. There is no evidence as to when they have started to work for the establishment, for how much period

they have worked or whether they are still working. There is total dearth of documents regarding them. The petitioner

is not entitled to any relief.

In view of the discussion above, the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Mani

WW2, Sri K. Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri V. Anthonysamy

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Certificate issued by BSNL

Ext.W2

11.03.2000

Joining Report

Ext.W3

-

Working Particulars

Ext.W4

-

2A petition annexure

Ext.W5

-

Bye-laws of the Union

Ext.W6

30/31 Oct’2001

Resolution of the union

Ext.W7

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract Workers.

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

II

(ii)

2373

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

20.11.2004

Copy of the agreement entered into between BSNL and Sri S. Chandrasekaran

Proprietor of M/s. Ganesh Constructions Contractor.

Ext.M10

27.03.2003

The Contract Labour (Regulation & Abolition) Act, 1970 and Central Rules,

1971 made there under—Grant of Certificate Registration-reg.

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the Department

in the appointment of Group “D” employees category.

Ext.M12

10/11.07.2002

Awarding of Tender for cable Joint work in zone-3 of Tirunelveli SSA-reg.

Ext.M13

28.04.2006

Model Bill for Labours.

—

New Delhi, the 17th April, 2017

S.O. 1073.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 314/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telegraph, CTO, BSNL, Chennai and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40011/16/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 314/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The BSNL Employees Union

: 1st Party/Petitioner Union

Represented by Sri K.M. Elangovan

Plot No. 1, Balaji Nagar

89, Veppambattu.

Thiruvallur-602024

AND

The General Manager

: 2nd Party/Respondent

Telegraph, CTO, BSNL

Chennai.

Appearance:

For the 1st Party/Petitioner Union

: M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

: Sri P. Srinivasan, Advocate

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[PART II—SEC. 3(ii)]

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/16/2003-IR (DU)

dated 25.02.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the non-regularization of the services of Sri P. Ramamoorthy by the management of BSNL is legal and

justified and if so to what relief the workman is entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 314/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively. The petitioner

has filed rejoinder in answer to the Counter Statement.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of workmen as its members. The dispute

is raised relating to non-regularization of service of P. Ramamoorthy. Ramamoorthy, the concerned workman had

joined the Department of Telecom on 21.04.1990 at SSTT, Madras. He was employed as Class-IV employee and was

discharging the work of Sweeper, taking messages and also doing the work of Sub-Staff. He was paid consolidated

wages every month under the Head “Part-Time Payment”. Wages of Ramamoorthy was revised by order dated

25.07.1994. Ramamoorthy had filed OA No. 176/99 before CAT, Madras seeking a direction for regularization. This

was disposed on 03.05.2000 with a direction to the telecom to dispose the representation made by Ramamoorthy.

Ramamoorthy had been working for not less than 6 hours a day and was getting part-time wages. His wages fluctuated

depending upon the number of telegrams delivered by him. He was under the control of the Officers of

Telecom and was supervised by them. Ramamoorthy had sent representation on 02.06.2000 requesting to

regularize his services. This was rejected. The dispute was raised on 19.08.2000. On failure of conciliation the

dispute was referred to this Tribunal. Ramamoorthy has completed continuous service of 480 days within a

period of 24 calendar months and is to be deemed to have attained permanent status as per Tamil Nadu

Industrial Establishment (Conferment of Permanent Status to Workman) Act. During the conciliation proceedings the

Respondent wanted to disengage the petitioner and give work to the Contractor. During the pendency of the dispute

Ramamoorthy was asked to work through the Contractor. Without prejudice to his right for regularization, he is

working on contract on consolidated salary of Rs. 1, 000/- per month. Prior to that he was getting approximately Rs. 1,

500/- per month. An Award may be passed holding that the action of BSNL in not regularizing the service of

Ramamoorthy on completion of 480 days in 24 calendar months is not legal and justified and consequently directing

the Respondent to regularize Ramamoorthy in service with all monetary benefits.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of the Respondent.

The subject matter of the claim does not relate to the service conditions of any of the employees of BSNL. So the claim

is not maintainable. Apart from that Ramamoorthy is not a member of the Petitioner Union. Only Group C and D

employees are eligible to become member of the Petitioner Union. On 24.03.1999 quotations were invited for

awarding contract in respect of works including Sweeping, Cleaning, etc. The petitioner had challenged this by filing

an OA before the Central Administrative Tribunal and this was dismissed as premature. The contract was awarded to

one M/s. Arun Associates for a period of one year with effect from 01.09.2003. Ramamoorthy is working under the

Contractor w.e.f. 01.09.2003. BSNL has no employer-employee relationship with Ramamoorthy. Ramamoorthy and

another had filed OA 176/1999 before CAT seeking the relief of regularization. They were directed to make

representation to the Respondent in this respect. The representation made by Ramamoorthy was rejected by the

Respondent. He has not challenged this order. Instead he has approached the Petitioner Union to raise the demand for

regularization. The dispute is not maintainable as it is barred by the principle of res-judicata. It is not open to the

petitioner to approach this Tribunal. It is incorrect to state that Ramamoorthy was engaged at SSTT, Madras.

Ramamoorthy was not employed as Group IV employee at all. The department used to engage coolie messengers to

deliver telegrams when there is accumulation of telegrams for delivery. They are engaged as and when required only.

Ramamoorthy had volunteered to work as coolie in the year 1990 and was engaged as and when required only.

Ramamoorthy had competed for contracts at Chengalpet Telegraph Office on 07.06.1999 for sweeping, cleaning, etc.

and was awarded contract for the period 1999, 2000. Only amount of contract was disbursed to him. A Contractor

cannot be equated to a regular employee. The petitioner is not entitled to any relief.

5.

The petitioner has filed rejoinder in answer to the Counter Statement denying the contentions in the Counter

Statement and reiterating the case in the Claim Statement.

II

(ii)

2375

6.

The evidence in the case consists of oral evidence of WW1, WW2 and MW1 and documents marked as Ext.W1

to Ext.W21 and Ext.M1 to Ext.M15.

7.

The point for consideration is:

Whether Ramamoorthy, the concerned workman is entitled to regularization as claimed?

The Point

8.

Petitioner Union has raised the dispute in respect of one Ramamoorthy who is said to have joined the

Department of Telecom on 21.04.1999 at SSTT, Madras. He is said to have been working as a Class IV employee

doing the work of Sweeper and also collecting the necessary forms, taking message by hand to the nearby Post Office

and also doing the work of Sub-Staff. He is said to have been paid wages on consolidated basis. According to the

petitioner, Ramamoorthy had worked in this manner till 2000 when he was forced to do work on contract basis during

the pendency of the dispute. It is stated that he had started to work so without prejudice to his right for regularization.

9.

Ramamoorthy, the concerned workman had been examined as WW1. In the Chief Affidavit filed by him he has

stated that he had joined the Department of Telecom on 21.04.1990 at SSTT, Villupuram. In the rejoinder the

petitioner has stated under what circumstances it is stated in the petition that he has joined SSTT, Chennai. In fact he

had joined at Villupuram and was working at Chengalpet Telegraph Office till 1994. This office got merged with

SSTT, Chennai and for this reason it is stated in the petition that he has joined at Chennai. In the Chief Affidavit filed

Ramamoorthy had reiterated the case in the petition. He has stated that he was paid wages in a separate voucher and on

some occasions by ACG-17. He has also stated that his appointment as Part-Time employee was on the basis of a

written test and interview on 04.04.1990. He was selected and appointed on 21.04.1990.

10.

That Ramamoorthy was working in the Department of Telecom is not denied by the Respondent. Denial would

not have been possible also in view of the several documents including the orders of the Administrative Tribunal in the

application filed by Ramamoorthy claiming regularization. What is stated in the Counter Statement is that

Ramamoorthy was engaged as a Coolie Messenger and not as a Part-Time casual labour. It is the further case of

the Respondent that subsequently Ramamoorthy had started to work on contract basis and there was no employer-

employee relationship between him and the Respondent.

11.

The petitioner has produced sufficient documents to prove that Ramamoorthy had been working for the

Respondent from the year 1990 itself. Ext.W2 is the communication from the Assistant Superintendent asking

Ramamoorthy to appear for an interview and written test on 04.04.1990, for the post of Part-Time employee. The

subsequent documents would reveal that he was selected consequent to the test and interview. Ext.W3–Cash Book

reveals payment to Ramamoorthy in April 1990. Though interview and written test was for recruitment as Part-Time

employee, Ext.W3 refers to payment of coolie charges to Ramamoorthy in April 1990. Payments are seen made

subsequently also. At Page-14 to Page-16 of Ext.W3 delivery charges are seen paid to him. Ext.W4, the

communication by the Senior Superintendent of Villupuram Division would show that Ramamoorthy and others were

working as Part-Time employees. This communication states that wage bill of Part-Time employees for the month of

June 1994 countersigned by SSTT, Villupuram is returned. Ext.W5 is the particulars of payment to Part-Time

employees including Ramamoorthy. Payments are seen made to him throughout 1994. Ex.W6 is a letter dated

10.07.1995 by the Junior Telecom Officer which states that two part-time employees are doing the work of delivery of

telegrams. Ext.W7 contains the particulars of wages paid to Ramamoorthy from May 1994 to November 1998. This

would show that he was working in the Department throughout during the period. The details of delivery of telegrams

made by him on each date are found in this document. Ext.W8 contains receipts of wages paid to Ramamoorthy and

another from July to October 1997 and of April and August 1998. Ext.W9 is a communication from Junior Telecom

Officer on 22.08.1998 asking the Sub-Divisional Engineer to supply all the intended items to Ramamoorthy, “Part-

Time Employee” of Central Telegraph Office. Ext.W10 is the Gate Pass allowing Ramamoorthy to take out certain

materials. Ext.W11 is another letter to supply the intended items to Ramamoorthy. Ext.W14 is the copy of the letter by

Ramamoorthy to the Senior Superintendent on 02.06.2000 seeking to regularize his services. He has stated in this

that he had been continuously working in the Department of Telecom since 12.04.1990. Ext.W15 is the reply stating

that his request cannot be considered for several reasons. Ext.W18 contains delivery dockets for the period from

24.08.2002 to 08.08.2004 showing that Ramamoorthy had been making delivery of telegrams during the period.

12.

The documents referred to above make it very clear that Ramamoorthy has been working in the establishment.

He was engaged on Part-time basis and was continuing in this manner throughout. Attempt has been by the Respondent

to make out that Ramamoorthy had been working on contract basis only. Documents are also produced by the

Respondent to substantiate this stand. It seems, after making Ramamoorthy work as a direct employee throughout from

1990 to 1999 the Department thought of getting the work of sweeping and such other works done on contract basis.

Ext.M1, Ext.M3, Ext.M10 and Ext.M11 are said to be agreements entered into by Ramamoorthy for doing sweeping

and cleaning work on contract basis. The dispute itself is raised on 19.08.2000. Ext.M10 and Ext.M11 are after this.

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[PART II—SEC. 3(ii)]

Even Ext.M1 and Ext.M3 are after the petitioner had approached the Administrative Tribunal seeking regularization

and had subsequently given representation to the Department on the basis of the direction of the Tribunal. Even

assuming that Ramamoorthy was working on contract basis subsequently the manner in which he was made to work is

extraordinary. The contract is entered into not to get the work done by others but for himself to do the work. It could be

seen that the man was made to work for a lesser amount than he was earning while he was working as a Part-Time

employee. So in effect Ramamoorthy was working for the Department in the same manner though he was called a

contract worker on the basis of the agreements he was made to enter into by the Department. It is a case where

Ramamoorthy had worked for the Department for more than 10 years before he had to go through a process by which

he was called a contract worker. Throughout he was doing work which was perennial in nature. The Department had

been retaining him as a Part-Time worker and subsequently as a contract worker without making him permanent and

extracting work for a lesser amount than to which he would have been entitled.

13.

The counsel for the petitioner has referred to the decision of the Apex Court in WORKMEN OF FOOD

CORPORTION OF INDIA VS. FOOD CORPORATION OF INDIA reported in AIR 1985 SC 670 where it was held

that a person who is under direct employment cannot be converted to a contract employee. It was a case where the Food

Corporation had engaged several workmen directly but subsequently a Contractor was inducted and these workmen

were brought under him. The dictum was laid down in this context. The petitioner had raised the dispute not long

after the so-called contractual system was brought into effect. The Apex Court has stated in HUSSAINBHAI VS.

ALATH FACTORY THOZHILALI UNION reported in AIR 1978 SC 1410 that the presence of intermediate

Contractors with whom the workers have immediate or direct relationship excontractu is of no consequence when on

lifting the veil or looking at the conspectus of factors governing employment will discern the naked truth, though

draped in different perfect arrangement, that the real employer is the Management and not the immediate Contractor.

In the present case, it is very much clear that the contract system if any under which the workman was working was

only sham and nominal and he was really working under the Respondents itself.

14.

MW1, the Senior Superintendent of Telegraph Traffic (Admn.) at CTO, Chennai has been examined on behalf

of the Respondent. She has stated that Ext.M13 is the notification which would show that BSNL Employees Union is

given recognition only to represent the matters of its own members. At the time when the dispute was raised the

Petitioner union was not recognized, she has stated. Ext.M14 is produced to show that another union was the

recognized union at the time. Thus according to the Respondent the Petitioner Union has no locus-standi to raise the

dispute. WW2, an official of the Union has been examined to meet this case. Ext.W20 the bye-laws of the Union and

Ext.W21 the resolution passed by the Union on 30th and 31st October, 2001 are marked through this witness. WW2 has

stated that as per the bye-laws of the Union it is entitled to espouse the cause of BSNL employees in general. Apart

from that it has decided to espouse the cause of all workmen who had not been regularized, by Ext.W21 resolution. So

the contention that the Union is not competent to espouse the cause of he workmen will not hold good. The concerned

workman had been working for the Respondent for several years. So he is entitled to be regularized in service as

claimed by him. Accordingly an Award is passed as below:

Ramamoorthy, the concerned workman shall be deemed to have been regularized in the service of the

Respondent in his then position from 19.08.2000 on which date the dispute was raised. He will be entitled to the

arrears of pay due to him consequent to the regularization. If the amount is not paid within two months of the

publication of the Award, it would carry interest at the rate of 6% per annum from the date of the Award.

The reference is answered accordingly.

Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri P. Ramamoorthy

WW2, Sri G. Mahendran

For the 2nd Party/Respondent

:

MW1, Sri Jayalakshmi

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

13.10.1983

Office Memorandum on regularization of casual employees

Ext.W2

28.03.1990

Letter of respondent reg. Recruitment of part time employees

Ext.W3

1990-1994

Cash Book

II

(ii)

2377

Ext.W4

25.07.1994

Forwarding of part time employees wage bill

Ext.W5

1994

Particulars of wages of part time employees

Ext.W6

10.07.1995

Letter of JTO to Dy. Sr. Suptd. (TT)

Ext.W7

1994-98

Working particulars

Ext.W8

01.08.1997

Pay receipt

To

01.09.1998

Ext.W9

22.08.1998

Letter of JTO

Ext.W10

25.08.1998

Gate Pass

Ext.W11

12.10.1998

Letter of JTO

Ext.W12

28.01.1999

Cash making over to the petitioner

Ext.W13

04.07.1999

T.M Diary

Ext.W14

02.06.2000

Letter of the petitioner to the Management

Ext.W15

21.07.2000

Letter of the respondent to the petitioner

Ext.W16

29.09.2000

Letter of the respondent on regularization of casual Labour

Ext.W17

29.09.2000

Letter of the respondent on conversion of casual Labour

Ext.W18

24.08.2002

Delivery docket

To

08.08.2004

Ext.W19

03.05.2000

Order in OA No. 176 of 1999

Ext.W20 -

Bye-laws of the Union

Ext.W21

30/31 Oct’2001

Resolution of the union

On the Management’s side

Ext.No.

Date

Description

Ext.M1

22.03.1999

Petitioner entered Agreement with the DOT for sweeping cleaning etc.

Ext.M2

05.04.1999

Order passed by the Hon;ble CAT Madras in O.A.336/1996

Ext.M3

27.03.2000

Petitioner entered Agreement with the DOT for Sweeping, cleaning etc.

Ext.M4

03.05.2000

Order passed by the Honble CAT Madras in O.A.176/1999

Ext.M5

03.05.2000

Letter from C.S.C.T.O to J.T.O reg.payment

Ext.M6

02.06.2000

Representation made by Sh.P.Ramamurthy to the SSTT(A) CTO Chennai-1

Ext.M7

21.07.2000

Reply given by the Department to Sh. P. Ramamoorthy

Ext.M8

25.08.2000

DOT circular with annexure

Ext.M9

April 2001

Letter from C.S. CTO Chennai- to JTO I/C Chengalpet regarding payment

Ext.M10

07.04.2001

Petitioner entered agreement with the DOT for sweeping cleaning etc.

Ext.M11

28.03.2002

Petitioner entered agreement with the DOT for sweeping cleaning etc.

Ext.M12

26.04.2002

Letter from C.S. CTO Chennai-1 to JTO I/C Chengalpet regarding payment

Ext.M13

04.10.2002

DOT notification regarding recognition of Union

Ext.M14

10.10.2002

DOT notification regarding recognition of Union

Ext.M15

06.01.2003

Order passed by the Hon’ble High of Andhra Pradesh in Review PMP/316/2002

in WP.19832/2002

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[PART II—SEC. 3(ii)]

—

I

New Delhi, the 17th April, 2017

S.O. 1074.—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,

New Delhi (Ref. No. 141 of 2015) as shown in the Annexure, in the Industrial Dispute between the employers in

relation to the management of M/s. British Airways India and their workmen, which was received by the Central

Government on 17.04.2017.

[No. L-11012/18/2015-IR (CM-I)]

M. K. SINGH , Section Officer

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. 141/2015

The President,

British Airways Plc Employees Union (EAUU),

Room No. 25, IGI Airport, Terminal II,

New Delhi 110-037

…Workman

Versus

The Area Commercial Manager,

M/s. British Airways India,

C/o HL-2, 5th Floor,

IGI Airport, Terminal III,

New Delhi – 110 037

…Management

AWARD

Central Government, vide letter No. L-11012/18/2015-IR(CM-I), dated 01.06.2015, referred the following

industrial dispute to this Tribunal for adjudication:

“Whether the action of the management of British Airways in paying bonus (Employees Reward Program) to

the employees of the Company in India at a rate less than that paid to the employees of the Company in U.K.

is legal and justified? To what relief are the workmen of the Company in India entitled to?”

2.

In the reference order, the appropriate Government commanded the parties to the dispute to file statement of

claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt of

the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.

Despite directions so given, the claimant union opted not to file their claim statement with the Tribunal.

3.

On receipt of the above reference, notice was sent to the claimant union as well as the management. Neither the

postal article, referred above, was received back nor was it observed by the Tribunal that postal services remained

affected in the period, referred above. Therefore, every presumption lies in favour of the fact that the above notice

was served upon the claimant union. Despite service of the notice, claimant union opted to abstain away from the

proceedings. No claim statement was filed on their behalf. Thus, it was clear that the claimant union was not

interested in adjudication of the reference on merits.

4.

Since the claimant union neither put in their appearance nor did they lead any evidence so as to prove their cause

against the management, as such, this Tribunal passed a ‘No dispute/claim’ award on 08.10.2015. However, on

27.10.2015, before publication of the award, an application was moved by the workman union under Section 17A(2)

II

(ii)

2379

of the Industrial Disputes Act, 1947 for recall of the award dated 08.10.2015 as non-appearance of the workmen

through Federation of British Airways Employees Unions was due to miscommunication of the court notice and

subsequent lack of co-ordination between the Unions across India as the dispute relates to all over India.

5.

Notice of the application was sent to the respondent management, who filed reply thereto, wherein it was

alleged that the workmen union has failed to give sufficient cause of non-appearance on the dates of hearing. Reason

given in the application is not sufficient cause for recalling the above order. Reliance was placed upon the case of

‘Parimal Vs. Veena Bharti’, wherein it has been observed as under:

9.

"Sufficient Cause" is an expression which has been used in large number of Statutes. The meaning of

the word "sufficient" is "adequate" or "enough", in as much as may be necessary to answer the purpose

intended. Therefore, word "sufficient" embraces no more than that which provides a platitude which when the

act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case and duly

examined from the view point of a reasonable standard of a cautious man. In this context, "sufficient cause"

means that party had not acted in a negligent manner or there was a want of bona fide on its part in view of the

facts and circumstances of a case or the party cannot be alleged to have been "not acting diligently" or

"remaining inactive". However, the facts and circumstances of each case must afford sufficient ground to

enable the Court concerned to exercise discretion for the reason that whenever the court exercises discretion,

it has to be exercised judiciously.

10.

In Arjun Singh v. Mohindra Kumar & Ors., AIR 1964 SC 993, this Court observed that every good

cause is a sufficient cause and must offer an explanation for non-appearance. The only difference between a

"good cause" and "sufficient cause" is that the requirement of a good cause is complied with on a lesser degree

of proof than that of a "sufficient cause"

6.

Further, the management also alleged that the workmen should have been vigilant as they had failed to appear

on 14.08.2015 and 07.10.2015. Consequently, the court has rightly passed the award, which cannot be now set aside

or recalled.

7.

Arguments on the application were advanced by Shri B.K. Prasad, A/R for the claimant and Shri Ravi Mishra,

A/R for the management.

8.

Undisputedly, in the present case, award was passed on 08.10.2015. It is clear from perusal of the notification

dated 26.10.2015 that the award was published by the Central Government on 26.10.2015. However, the application

was filed on 15.10.2015, i.e. before the publication.

9.

The vital question which required determination in the case in hand was as to whether there is sufficient cause to

set aside/recall the order passed by this Tribunal. It was clear from the averments contained in the application that no

specific reason has been assigned by the workmen herein as to why they were absent on the dates of hearing fixed by

this Court. Workmen have simply stated that due to miscommunication they could not attend the hearing. However,

this Tribunal cannot ignore the fact that strict principles of pleadings are not applicable in the proceedings before a

Labour Court or Tribunal and the court is required to take a rational and logical view of the circumstances of the case.

There is hardly any dispute with the proposition of law enunciated in the ruling mentioned above relied on behalf of the

management. However, Hon’ble Apex Court in a number of causes have observed that the expression ‘sufficient

cause’ as used in Section 5 of the Labour Act should receive a liberal interpretation and is not to be applied so strictly

so as to defeat the legitimate claims of the parties on trivial grounds. Equally settled is the law that both the parties

should be given fair opportunity to contest their claims on merits. Admittedly, in the case in hand, application for

recall/setting aside of the award has been moved before publication of the award on 26.10.2015. Hon’ble Apex Court

in the case of Sangham Tape Company Vs. Hans Raj (2004 Suppl.1 AD SC 446) while considering question of setting

aside of the award passed by the Tribunal almost under similar circumstances observed that the Labour Court has no

jurisdiction to set aside ex-parte award after lapse of period of 30 days. However, when application has been filed

within a period of 30 days of publication of the award, situation would be different. In the said case, strong reliance

has been placed in the case of Grindlays Bank vs Central Government Industrial Tribunal (1980 Supp. SCC 420) and

JK Synthetics Ld. Vs. Collector of Central Excise (1996 (6) SCC 92). In Grindlays Bank, the Hon’ble Apex Court

dealt with provisions of Section 11 of the Industrial Disputes Act read with Rule 22, wherein it is provided that Labour

Courts or Tribunals shall follow such procedure as deemed fit. No doubt the language of Rule 22 of the of ID Act

unequivocally makes jurisdiction of the Tribunal to render an ex-parte award if a party to the case does not attend the

proceedings despite due notice. However, if there is sufficient cause for the absence of such a party, Tribunal is

required to take an sympathetic and holistic view of the matter and power to set aside/recall such an ex-parte award is

inherent in the Tribunal. Further, the Tribunal can exercise all incidental and ancillary powers as it has powers of the

civil court to pass appropriate orders to meet the ends of justice. In view of this and in the larger interest of justice,

award dated 08.10.2015 was recalled and workman union was once again afforded opportunity to file their statement of

claim. However, despite affording three opportunities, workman union failed to file its claim statement. Hence, this

2380

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Tribunal is once again constrained 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 : November 24, 2016

A. C. DOGRA, Presiding Officer

—

I

New Delhi, the 17th April, 2017

S.O. 1075.—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,

New Delhi (Ref. No. 72 of 2013) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. India Airlines Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20013/2/2017-IR (C-I)]

M. K. SINGH , Section Officer

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. 72/2013

Shri Rajesh Kumar,

S/o Shri Hari Chander,

C/o Airport Employees Union (Regd.),

BTR Bhawan, Rouse Avenue,

New Delhi – 110 002

…Workman

Versus

i.

M/s. Rainbow Landscapes and Horticulture Services,

Horticulture Services,

A – 6/IV, Naraina Vihar,

Ring Road, New Delhi 110 028

ii.

M/s. National Aviation Company of India Ltd. (NACIL),

Through Indian Airlines Ltd.,

Personnel Department, Northern Region,

IGI Airport Terminal I,

New Delhi – 110 037

…Management

AWARD

A contract labour filed an industrial dispute under sub-section (2) of Section 2A of the Industrial Disputes Act,

1947 (in short the Act), pleading therein that the initially he was employed as a mali by Rainbow Landscapes and

Horticulture Services with effect from 04.06.1998 for the work of National Aviation Company of India Ltd. (NACIL).

His services were illegally and unjustifiably terminated orally with effect from 08.11.2010. The claimant worked

continuously till the date of his termination and his last drawn wages was Rs. 5278.00. The claimant was given

benefits of minimum wages, ESI and PF. No one months notice or pay in lieu thereof or retrenchment compensation,

gratuity amount etc. was given to her. Demand notice dated 05/14.10.2011 was sent to Rainbow Landscapes and

Horticulture Services seeking reinstatement with full back wages. Management did not respond to the said notice.

Thereafter, the claimant approached the Conciliation Officer for relief, but due to the adamant attitude of the

management, matter could not be resolved. He claims reinstatement in service of his employer, the contractor, with

continuity and full back wages.

II

(ii)

2381

2.

Claim was resisted by Rainbow Landscapes and Horticulture Services taking various preliminary objections,

including on the grounds that they had never terminated services of the claimant at any point of time but in fact the

claimant was absenting from duty with effect from 08.11.2010 unauthorizedly, claimant not responding to the notices

sent to him, lack of jurisdiction by this Tribunal etc. Further, it has been averred that National Aviation Company of

India Ltd. (NACIL) had awarded contract to Rainbow Landscapes and Horticulture Services for planting trees and

maintaining the green land. On merits, management has denied the material averments contained therein.

3.

Reply was filed by National Aviation Company of India Ltd. (NACIL), who have also taken various

preliminary objections, i.e. of the answering management not having any role in appointment or termination of the

claimant herein, contract being awarded to Rainbow Landscapes and Horticulture Services for maintenance of grass,

plants, trees and shrubs etc through service contract. Management No. 2 has denied the material averments contained

in the statement of claim.

4.

From the pleadings of the parties, my learned predecessor vide order dated 19.08.2013, framed the following

issues:

(i)

Whether claimant absented himself from his duties with effect from 08.11.2010 and failed to respond to

the notice sent by M/s. Rainbow Landscape Horticulture Services? If yes, its effects.

(ii)

Whether claimant is entitled to relief of reinstatement in the services of M/s. Rainbow Landscape

Horticulture Services?

5.

Vide order dated 17.07.2015, on the application of National Aviation Company of India Ltd. (NACIL),

following additional issues were framed and the case was listed for evidence of the claimant:

(ii-a)

Whether any demand notice was served on Defendant No. 2 before approaching this Tribunal?

(ii-b)

Whether there is employer-employee relationship between the claimants and the management, as

alleged?

6.

In the meanwhile, parties stated that they intended to take steps for settlement. Good sense prevailed and the

dispute was settled in the Lok Adalat between the parties amicably. In view of these facts that the parties had settled

their dispute amicably, there remains no occasion to adjudicate the issues referred above.

7.

Claimant made a statement to the effect that he was willing to accept Rs. 60, 000.00 from Rainbow Landscapes

and Horticulture Services towards full and final settlement of his claim for reinstatement in service, notice pay,

retrenchment compensation, gratuity, other benefits, if any. Now, the claimant does not have any surviving dispute

with any of the managements and the matter has been disposed of amicably between the parties. Statement of the

claimant has been separately recorded. The receipt of full and final settlement, Ex.C-I, shall form integral part of the

award. An award is, accordingly, passed. It be sent to the appropriate Government for publication.

Dated : March 20, 2017

A. C. DOGRA, Presiding Officer

—

I

New Delhi, the 17th April, 2017

S.O. 1076.—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,

New Delhi (Ref. No. 70 of 2013) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. India Airlines Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20013/2/2017-IR (C-I)]

M. K. SINGH , Section Officer

2382

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

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. 70/2013

Shri Naresh Kumar,

S/o Shri Beg Raj,

C/o Airport Employees Union (Regd.),

BTR Bhawan, Rouse Avenue,

New Delhi – 110 002

…Workman

Versus

i.

M/s. Rainbow Landscapes and Horticulture Services,

Horticulture Services,

A – 6/IV, Naraina Vihar,

Ring Road, New Delhi 110 028

ii.

M/s. National Aviation Company of India Ltd. (NACIL),

Through Indian Airlines Ltd.,

Personnel Department, Northern Region,

IGI Airport Terminal I,

New Delhi – 110 037

…Management

AWARD

A contract labour filed an industrial dispute under sub-section (2) of Section 2A of the Industrial Disputes Act,

1947 (in short the Act), pleading therein that the initially he was employed as a mali by Rainbow Landscapes and

Horticulture Services with effect from 04.06.1998 for the work of National Aviation Company of India Ltd. (NACIL).

His services were illegally and unjustifiably terminated orally with effect from 08.11.2010. The claimant worked

continuously till the date of his termination and his last drawn wages was Rs. 5278.00. The claimant was given

benefits of minimum wages, ESI and PF. No one months notice or pay in lieu thereof or retrenchment compensation,

gratuity amount etc. was given to her. Demand notice dated 05/14.10.2011 was sent to Rainbow Landscapes and

Horticulture Services seeking reinstatement with full back wages. Management did not respond to the said notice.

Thereafter, the claimant approached the Conciliation Officer for relief, but due to the adamant attitude of the

management, matter could not be resolved. He claims reinstatement in service of his employer, the contractor, with

continuity and full back wages

2.

Claim was resisted by Rainbow Landscapes and Horticulture Services taking various preliminary objections,

including on the grounds that they had never terminated services of the claimant at any point of time but in fact the

claimant was absenting from duty with effect from 08.11.2010 unauthorizedly, claimant not responding to the notices

sent to him, lack of jurisdiction by this Tribunal etc. Further, it has been averred that National Aviation Company of

India Ltd. (NACIL) had awarded contract to Rainbow Landscapes and Horticulture Services for planting trees and

maintaining the green land. On merits, management has denied the material averments contained therein.

3.

Reply was filed by National Aviation Company of India Ltd. (NACIL), who have also taken various

preliminary objections, i.e. of the answering management not having any role in appointment or termination of the

claimant herein, contract being awarded to Rainbow Landscapes and Horticulture Services for maintenance of grass,

plants, trees and shrubs etc through service contract. Management No. 2 has denied the material averments contained

in the statement of claim.

4.

From the pleadings of the parties, my learned predecessor vide order dated 19.08.2013, framed the following

issues:

(i)

Whether claimant absented himself from his duties with effect from 08.11.2010 and failed to respond to

the notice sent by M/s. Rainbow Landscape Horticulture Services? If yes, its effects.

(ii)

Whether claimant is entitled to relief of reinstatement in the services of M/s. Rainbow Landscape

Horticulture Services?

5.

Vide order dated 17.07.2015, on the application of National Aviation Company of India Ltd. (NACIL),

following additional issues were framed and the case was listed for evidence of the claimant:

(ii-a)

Whether any demand notice was served on Defendant No. 2 before approaching this Tribunal?

II

(ii)

2383

(ii-b)

Whether there is employer-employee relationship between the claimants and the management, as

alleged?

6.

In the meanwhile, parties stated that they intended to take steps for settlement. Good sense prevailed and the

dispute was settled in the Lok Adalat between the parties amicably. In view of these facts that the parties had settled

their dispute amicably, there remains no occasion to adjudicate the issues referred above.

7.

Claimant made a statement to the effect that he was willing to accept Rs. 52, 000.00 from Rainbow Landscapes

and Horticulture Services towards full and final settlement of his claim for reinstatement in service, notice pay,

retrenchment compensation, gratuity, other benefits, if any. Now, the claimant does not have any surviving dispute

with any of the managements and the matter has been disposed of amicably between the parties. Statement of the

claimant has been separately recorded. The receipt of full and final settlement, Ex.C-I, shall form integral part of the

award. An award is, accordingly, passed. It be sent to the appropriate Government for publication.

Dated : March 20, 2017

A. C. DOGRA, Presiding Officer

—

I

New Delhi, the 17th April, 2017

S.O. 1077.—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,

New Delhi (Ref. No. 69 of 2013) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. India Airlines Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20013/2/2017-IR (C-I)]

M. K. SINGH , Section Officer

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. 69/2013

Shri Dinesh Choudhary,

S/o Shri Sukhdev Choudhary,

C/o Airport Employees Union (Regd.),

BTR Bhawan, Rouse Avenue,

New Delhi – 110 002

…Workman

Versus

i.

M/s. Rainbow Landscapes and Horticulture Services,

Horticulture Services,

A – 6/IV, Naraina Vihar,

Ring Road, New Delhi 110 028

ii.

M/s. National Aviation Company of India Ltd. (NACIL),

Through Indian Airlines Ltd.,

Personnel Department, Northern Region,

IGI Airport Terminal I,

New Delhi – 110 037

…Management

2384

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

AWARD

A contract labour filed an industrial dispute under sub-section (2) of Section 2A of the Industrial Disputes Act,

1947 (in short the Act), pleading therein that the initially he was employed as a mali by Rainbow Landscapes and

Horticulture Services with effect from 09.05.1998 for the work of National Aviation Company of India Ltd. (NACIL).

His services were illegally and unjustifiably terminated orally with effect from 08.11.2010. The claimant worked

continuously till the date of his termination and his last drawn wages was Rs. 5278.00. The claimant was given

benefits of minimum wages, ESI and PF. No one months notice or pay in lieu thereof or retrenchment compensation,

gratuity amount etc. was given to her. Demand notice dated 05/14.10.2011 was sent to Rainbow Landscapes and

Horticulture Services seeking reinstatement with full back wages. Management did not respond to the said notice.

Thereafter, the claimant approached the Conciliation Officer for relief, but due to the adamant attitude of the

management, matter could not be resolved. He claims reinstatement in service of his employer, the contractor, with

continuity and full back wages

2.

Claim was resisted by Rainbow Landscapes and Horticulture Services taking various preliminary objections,

including on the grounds that they had never terminated services of the claimant at any point of time but in fact the

claimant was absenting from duty with effect from 08.11.2010 unauthorizedly, claimant not responding to the notices

sent to him, lack of jurisdiction by this Tribunal etc. Further, it has been averred that National Aviation Company of

India Ltd. (NACIL) had awarded contract to Rainbow Landscapes and Horticulture Services for planting trees and

maintaining the green land. On merits, management has denied the material averments contained therein.

3.

Reply was filed by National Aviation Company of India Ltd. (NACIL), who have also taken various

preliminary objections, i.e. of the answering management not having any role in appointment or termination of the

claimant herein, contract being awarded to Rainbow Landscapes and Horticulture Services for maintenance of grass,

plants, trees and shrubs etc through service contract. Management No. 2 has denied the material averments contained

in the statement of claim.

4.

From the pleadings of the parties, my learned predecessor vide order dated 19.08.2013, framed the following

issues:

(i)

Whether claimant absented himself from his duties with effect from 08.11.2010 and failed to respond to

the notice sent by M/s. Rainbow Landscape Horticulture Services? If yes, its effects.

(ii)

Whether claimant is entitled to relief of reinstatement in the services of M/s. Rainbow Landscape

Horticulture Services?

5.

Vide order dated 17.07.2015, on the application of National Aviation Company of India Ltd. (NACIL),

following additional issues were framed and the case was listed for evidence of the claimant:

(ii-a)

Whether any demand notice was served on Defendant No. 2 before approaching this Tribunal?

(ii-b)

Whether there is employer-employee relationship between the claimants and the management, as

alleged?

6.

In the meanwhile, parties stated that they intended to take steps for settlement. Good sense prevailed and the

dispute was settled in the Lok Adalat between the parties amicably. In view of these facts that the parties had settled

their dispute amicably, there remains no occasion to adjudicate the issues referred above.

7.

Claimant made a statement to the effect that he was willing to accept Rs. 60, 000.00 from Rainbow Landscapes

and Horticulture Services towards full and final settlement of his claim for reinstatement in service, notice pay,

retrenchment compensation, gratuity, other benefits, if any. Now, the claimant does not have any surviving dispute

with any of the managements and the matter has been disposed of amicably between the parties. Statement of the

claimant has been separately recorded. The receipt of full and final settlement, Ex.C-I, shall form integral part of the

award. An award is, accordingly, passed. It be sent to the appropriate Government for publication.

Dated : March 20, 2017

A. C. DOGRA, Presiding Officer

—

II

(ii)

2385

I

New Delhi, the 17th April, 2017

S.O. 1078.—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,

New Delhi (Ref. No. 68 of 2013) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. India Airlines Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20013/2/2017-IR (C-I)]

M. K. SINGH , Section Officer

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. 68/2013

Shri Mange Ram,

S/o Shri Beg Raj,

C/o Airport Employees Union (Regd.),

BTR Bhawan, Rouse Avenue,

New Delhi – 110 002

…Workman

Versus

i.

M/s. Rainbow Landscapes and Horticulture Services,

Horticulture Services,

A – 6/IV, Naraina Vihar,

Ring Road, New Delhi 110 028

ii.

M/s. National Aviation Company of India Ltd. (NACIL),

Through Indian Airlines Ltd.,

Personnel Department, Northern Region,

IGI Airport Terminal I,

New Delhi – 110 037

…Management

AWARD

A contract labour filed an industrial dispute under sub-section (2) of Section 2A of the Industrial Disputes Act,

1947 (in short the Act), pleading therein that the initially he was employed as a mali by Rainbow Landscapes and

Horticulture Services with effect from 01.09.1999 for the work of National Aviation Company of India Ltd. (NACIL).

His services were illegally and unjustifiably terminated orally with effect from 08.11.2010. The claimant worked

continuously till the date of his termination and his last drawn wages was Rs. 5278.00. The claimant was given

benefits of minimum wages, ESI and PF. No one months notice or pay in lieu thereof or retrenchment compensation,

gratuity amount etc. was given to her. Demand notice dated 05/14.10.2011 was sent to Rainbow Landscapes and

Horticulture Services seeking reinstatement with full back wages. Management did not respond to the said notice.

Thereafter, the claimant approached the Conciliation Officer for relief, but due to the adamant attitude of the

management, matter could not be resolved. He claims reinstatement in service of his employer, the contractor, with

continuity and full back wages

2.

Claim was resisted by Rainbow Landscapes and Horticulture Services taking various preliminary objections,

including on the grounds that they had never terminated services of the claimant at any point of time but in fact the

claimant was absenting from duty with effect from 08.11.2010 unauthorizedly, claimant not responding to the notices

sent to him, lack of jurisdiction by this Tribunal etc. Further, it has been averred that National Aviation Company of

2386

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

India Ltd. (NACIL) had awarded contract to Rainbow Landscapes and Horticulture Services for planting trees and

maintaining the green land. On merits, management has denied the material averments contained therein.

3.

Reply was filed by National Aviation Company of India Ltd. (NACIL), who have also taken various

preliminary objections, i.e. of the answering management not having any role in appointment or termination of the

claimant herein, contract being awarded to Rainbow Landscapes and Horticulture Services for maintenance of grass,

plants, trees and shrubs etc through service contract. Management No. 2 has denied the material averments contained

in the statement of claim.

4.

From the pleadings of the parties, my learned predecessor vide order dated 19.08.2013, framed the following

issues:

(i)

Whether claimant absented himself from his duties with effect from 08.11.2010 and failed to respond to

the notice sent by M/s. Rainbow Landscape Horticulture Services? If yes, its effects.

(ii)

Whether claimant is entitled to relief of reinstatement in the services of M/s. Rainbow Landscape

Horticulture Services?

5.

Vide order dated 17.07.2015, on the application of National Aviation Company of India Ltd. (NACIL),

following additional issues were framed and the case was listed for evidence of the claimant:

(ii-a)

Whether any demand notice was served on Defendant No. 2 before approaching this Tribunal?

(ii-b)

Whether there is employer-employee relationship between the claimants and the management, as

alleged?

6.

In the meanwhile, parties stated that they intended to take steps for settlement. Good sense prevailed and the

dispute was settled in the Lok Adalat between the parties amicably. In view of these facts that the parties had settled

their dispute amicably, there remains no occasion to adjudicate the issues referred above.

7.

Claimant made a statement to the effect that he was willing to accept Rs. 58, 000.00 from Rainbow Landscapes

and Horticulture Services towards full and final settlement of his claim for reinstatement in service, notice pay,

retrenchment compensation, gratuity, other benefits, if any. Now, the claimant does not have any surviving dispute

with any of the managements and the matter has been disposed of amicably between the parties. Statement of the

claimant has been separately recorded. The receipt of full and final settlement, Ex.C-I, shall form integral part of the

award. An award is, accordingly, passed. It be sent to the appropriate Government for publication.

Dated : March 20, 2017

A. C. DOGRA, Presiding Officer

—

I

New Delhi, the 17th April, 2017

S.O. 1079.—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,

New Delhi (Ref. No. 71 of 2013) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. India Airlines Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20013/2/2017-IR (C-I)]

M. K. SINGH , Section Officer

II

(ii)

2387

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. 71/2013

Shri Prabhash Kumar Choudhary,

S/o Shri Surender Kumar,

C/o Airport Employees Union (Regd.),

BTR Bhawan, Rouse Avenue,

New Delhi – 110 002

…Workman

Versus

i.

M/s. Rainbow Landscapes and Horticulture Services,

Horticulture Services,

A – 6/IV, Naraina Vihar,

Ring Road, New Delhi 110 028

ii.

M/s. National Aviation Company of India Ltd. (NACIL),

Through Indian Airlines Ltd.,

Personnel Department, Northern Region,

IGI Airport Terminal I,

New Delhi – 110 037

…Management

AWARD

A contract labour filed an industrial dispute under sub-section (2) of Section 2A of the Industrial Disputes Act,

1947 (in short the Act), pleading therein that the initially he was employed as a mali by Rainbow Landscapes and

Horticulture Services with effect from 05.05.1998 for the work of National Aviation Company of India Ltd. (NACIL).

His services were illegally and unjustifiably terminated orally with effect from 08.11.2010. The claimant worked

continuously till the date of his termination and his last drawn wages was Rs. 5278.00. The claimant was given

benefits of minimum wages, ESI and PF. No one months notice or pay in lieu thereof or retrenchment compensation,

gratuity amount etc. was given to her. Demand notice dated 05/14.10.2011 was sent to Rainbow Landscapes and

Horticulture Services seeking reinstatement with full back wages. Management did not respond to the said notice.

Thereafter, the claimant approached the Conciliation Officer for relief, but due to the adamant attitude of the

management, matter could not be resolved. He claims reinstatement in service of his employer, the contractor, with

continuity and full back wages

2.

Claim was resisted by Rainbow Landscapes and Horticulture Services taking various preliminary objections,

including on the grounds that they had never terminated services of the claimant at any point of time but in fact the

claimant was absenting from duty with effect from 08.11.2010 unauthorizedly, claimant not responding to the notices

sent to him, lack of jurisdiction by this Tribunal etc. Further, it has been averred that National Aviation Company of

India Ltd. (NACIL) had awarded contract to Rainbow Landscapes and Horticulture Services for planting trees and

maintaining the green land. On merits, management has denied the material averments contained therein.

3.

Reply was filed by National Aviation Company of India Ltd. (NACIL), who have also taken various

preliminary objections, i.e. of the answering management not having any role in appointment or termination of the

claimant herein, contract being awarded to Rainbow Landscapes and Horticulture Services for maintenance of grass,

plants, trees and shrubs etc through service contract. Management No. 2 has denied the material averments contained

in the statement of claim.

4.

From the pleadings of the parties, my learned predecessor vide order dated 19.08.2013, framed the following

issues:

(i)

Whether claimant absented himself from his duties with effect from 08.11.2010 and failed to respond to

the notice sent by M/s. Rainbow Landscape Horticulture Services? If yes, its effects.

(ii)

Whether claimant is entitled to relief of reinstatement in the services of M/s. Rainbow Landscape

Horticulture Services?

5.

Vide order dated 17.07.2015, on the application of National Aviation Company of India Ltd. (NACIL),

following additional issues were framed and the case was listed for evidence of the claimant:

(ii-a)

Whether any demand notice was served on Defendant No. 2 before approaching this Tribunal?

(ii-b)

Whether there is employer-employee relationship between the claimants and the management, as

alleged?

6.

In the meanwhile, parties stated that they intended to take steps for settlement. Good sense prevailed and the

dispute was settled in the Lok Adalat between the parties amicably. In view of these facts that the parties had settled

their dispute amicably, there remains no occasion to adjudicate the issues referred above.

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[PART II—SEC. 3(ii)]

7.

Claimant made a statement to the effect that he was willing to accept Rs. 60, 000.00 from Rainbow Landscapes

and Horticulture Services towards full and final settlement of his claim for reinstatement in service, notice pay,

retrenchment compensation, gratuity, other benefits, if any. Now, the claimant does not have any surviving dispute

with any of the managements and the matter has been disposed of amicably between the parties. Statement of the

claimant has been separately recorded. The receipt of full and final settlement, Ex.C-I, shall form integral part of the

award. An award is, accordingly, passed. It be sent to the appropriate Government for publication.

Dated : March 20, 2017

A. C. DOGRA, Presiding Officer

—

I

New Delhi, the 17th April, 2017

S.O. 1080.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 03 of 2002) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. CCL and their workmen, which was received by the Central Government on 17.04.2017.

[No. L-20012/385/2001-IR (C-I)]

M. K. SINGH , Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 03 of 2002

Employer in relation to the management of Sirka Colliery of 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 : None

State : Jharkhand

Industry : Coal

Dated 14/03/2017

AWARD

By order No. L-20012/385/2001-IR(C-I) dated 10/01/2001, 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 CCL, Sirka Colliery, in refusing to pay wages to Shri S.D.

Singh , Foreman in Lieu of the refused leave is just and proper? If not, to what relief the concerned

workman entitled?

II

(ii)

2389

2.

After receipt of the reference, both parties are noticed.None appears on behalf of the Union. 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

—

I

New Delhi, the 17th April, 2017

S.O. 1081.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 19 of 1998) 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 17.04.2017.

[No. L-20012/645/1997-IR (C-I)]

M. K. SINGH , Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 19 of 1998

Employer in relation to the management of Moonidih Project 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 16/03/2017

AWARD

By order No. L-20012/645/1997-IR(C-I) dated 24/04/1998, 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 in dismissing Shri Arjun Pandey, Miner/Loader of moonidih

Project 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

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[PART II—SEC. 3(ii)]

—

I

New Delhi, the 17th April, 2017

S.O. 1082.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 124 of 1995) as shown in Annexure, in the industrial dispute between the employers in relation to

the management of M/s. TISCO Ltd. and their workmen, which was received by the Central Government on

17.04.2017.

[No. L-20012/411/1994-IR (C-I)]

M. K. SINGH , Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 03 of 2002

Employer in relation to the management of M/s. TISCO Ltd.

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 16/03/2017

AWARD

By order No. L-20012/411/1994-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 M/s. TISCO Ltd., in denying employment to

Shri Tarkeshwar Prasad Rajak the grand-son of Shri Gurupado Dhobi is justified? If not, to what relief

Shri Rajak is 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

—

II

(ii)

2391

I

New Delhi, the 17th April, 2017

S.O. 1083.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 57 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 17.04.2017.

[No. L-20012/258/1994-IR (C-I)]

M. K. SINGH , Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 57 of 1995

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 : None

For the Workman : None

State : Jharkhand

Industry : Coal

Dated 10/03/2017

AWARD

By order No. L-20012/258/1994-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 management of M/s. BCCL, Kusunda Area No. VI in dismissing workman,

Shri Radhekant Singh , Tripman w.e.f. 05/10/1989 is justified? If not, to what relief the concerned

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

—

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[PART II—SEC. 3(ii)]

New Delhi, the 17th April, 2017

S.O. 1084.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 325/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the Chief

General Manager, BSNL, Chennai & others and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/52/2002-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 325/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. And 2 Others

and their workman)

BETWEEN :

The Circle Secretary

: 1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The Chief General Manager

: 2nd Party/1st Respondent

BSNL, Tamilnadu Circle

Anna Salai

Chennai-600002

2.

The Chairman & Managing Director

: 2nd Party/2nd Respondent

BSNL, Sanchar Bhawan

New Delhi-110001

3.

The General Manager, Telecom

: 2nd Party/3rd Respondent

BSNL

K.K. District

Nagercoil

Appearance:

For the 1st Party/Petitioner Union

: M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

: Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/52/2002-IR (DU)

dated 05.03.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the regularization of Sri C. Abinesh and 92 Other workmen (list enclosed) are justified, if so, the

relief they are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 325/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

II

(ii)

2393

The petitioner is a registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The employees concerned in the dispute are doing line work. They were working under the control and

supervision of the Respondents. The work done by the employees is perennial in nature. Sponsorship from

Employment Exchange is not required for Class-IV employees. The concerned employees cannot be treated as contract

employees. The so-called contract system is a sham one. Supervision and control over the concerned workmen were

exercised by the officials of the Respondents and not the so-called Contractors. There are sanctioned posts for

regularizing the employees concerned in this case. The Respondent establishment is one coming under the Tamil Nadu

Industrial Establishment (Conferment of Permanent Status to Workmen) Act. The concerned employees have

completed more than 480 days in service and are to be made permanent. An award may be passed holding that the

workmen are to entitled absorption in the service of the Respondents from the date of their joining service, alongwith

continuity of service and attendant benefits.

4.

The First Respondent has filed Counter Statement on behalf of other Respondents as well contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of the Respondents.

The petitioner is not a recognized union also. The Contractors have not been impleaded as parties. So the dispute is

having the defect of non-joinder of parties also. The claim of the petitioner that the concerned workmen are doing the

same work as done by regular employees, that the work is perennial in nature, that there is direct control and

supervision by the Respondents, that the Contractors are Officers of the Respondents, etc. are denied as incorrect. The

petitioner has admitted the workmen as contract labourers and at the same time deliberately described them as casual

labourers. These are inconsistent pleas. It is denied that the concerned workmen are doing the line work. The allegation

that the contract is sham is not correct. If the petitioner’s claim that the workmen have worked for more than 480 days

under the Contractor is true they are at liberty to claim permanency with the Contractor. The petitioner is not entitled to

any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.W6 and Ext.M1 to Ext.M12.

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The petitioner union has raised the dispute on behalf of 93 workmen whose names and other details are given in

the annexure to the Schedule of reference. The annexure gives the name of the place where the workmen have worked,

the date on which they have started to work, the nature of work, etc. According to the petitioner, though these

workmen are working through alleged Contractor, the Contractor changes often and the workmen continue in the same

work. It is stated that the so-called contract system is a sham one intended to extract work on cheaper wage from the

workmen. The workmen were said to be doing work which is perennial in nature. There is also a claim that all the

workmen have completed 480 days of work within a period of 24 calendar months and are entitled to the benefit of

Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act. Absorption of the workmen

in the service of BSNL is claimed by the petitioner.

8.

The petitioner has examined one of the workmen as WW1. This workman has given evidence on behalf of all

the workmen named in the annexure to the Schedule of reference. WW2 is the Circle Treasurer of the Petitioner Union.

His evidence is intended to prove that the Petitioner Union has locus-standi to raise the dispute. MW1, the Assistant

General Manager has given evidence to substantiate the case of the Respondents that a contract system was in existence

in the establishment and that there was ban on employing workmen directly.

9.

WW1 has stated in his Proof Affidavit that all the workmen concerned in the case were employed in Nagercoil

Telecom SSA and were working in different places under the SSA as Lineman. According to him, before the

formation of BSNL, Department of Telecom was maintaining their register and was paying wages to them. They were

getting wages fortnightly and sometimes monthly also. They are working not less than 8 hours a day. All of them have

completed 480 days of continuous service in a period of 24 calendar months and should have been conferred with

permanent status, WW1 has stated. The contract system through which they were working is said to be a sham one.

10.

Out of 6 documents produced by the petitioner to substantiate the case, Ext.W2 is the annexure to the Schedule

of reference, Ext.W4 is the bye-laws of the Petitioner Union and Ext.W5 is the resolution of the Union to take up the

cause of the concerned workmen. Ext.W6 is the copy of certain questions before the Parliament regarding contract

workmen. Thus, none of these are directly relevant in proving the case of any of the workmen concerned.

11.

Ext.W1 and Ext.W3 are the only documents available in respect of any of the workmen concerned. Ext.W3

though described as salary particulars seems to be a certificate giving the names of certain employees including WW1

stating that they have worked from 1993 to 2004. But surprisingly the certificate does not state who has issued it. For

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

this very reason this is to be discarded. Ext.W1 is described as working particulars of WW1. It shows dates starting

from July 1993. It is not a continuous one but shows different dates of different periods. However, one does not know

if this is the document that has generated from the Office of the Respondents. It does not contain any seal of the

establishment or any signature of the officials also. So this document also cannot be relied upon. Thus the evidence

available in respect of WW1 is not sufficient to establish his case.

12.

So far as the other workmen are concerned, there is total dearth of evidence. None of the workmen have come

forward to give evidence. Documents are not available in respect of them also. Thus the petitioner has failed to

establish the case set up by it.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri N.Manoharan

WW2, Sri K. Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri L. George

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Working particulars

Ext.W2

-

Annexure in the 2(K) petition

Ext.W3

-

Salary particulars

Ext.W4

-

Bye-laws of the Union

Ext.W5

30/31 Oct’2001

Resolution of the union

Ext.W6

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract Workers.

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

13.10.2005

Tender for HK & GS for NGC SDCA-Zone Awarding of Tender-reg

II

(ii)

2395

Ext.M10

30.12.2002

of Certificate of Registration Contract Labour (Regulation and Abolition) Act,

1970 and Central Rules, 1971-Grant-reg

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the Department

in the appointment of Group “D” employees category.

Ext.M12

19.11.2005

Award of Tender.

—

New Delhi, the 17th April, 2017

S.O. 1085.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 326/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Tirunelveli and their workman, which was received by the Central Government

on 03.04.2017.

[No. L-40011/35/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 326/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

The General Manager, Telecom

:

2nd Party/Respondent

BSNL, Department of Telecom

Bye Pass Road

Vannarpet

Tirunelveli-627003

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/35/2003-IR (DU)

dated 05.03.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

The schedule mentioned in that order is :

“Whether the demand of the Union for regularization of 60 Cable Joint Workers (list enclosed) who worked

under BSNL, Tirunelveli is justified, if so the relief they are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 326/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Union registered under the Trade Unions Act. It has a substantial number of permanent

workmen working in BSNL as its members. The workmen concerned in the ID are doing cable work. They are working

through the alleged contractor. Even though the contractors change often the employees continue to be the same. All

the employees concerned in the dispute are Class-IV employees for whom sponsorship from Employment Exchange is

not required. The contract system is only a camouflage. The overall control of the so-called contract labour remains

with the telecom department. There are regular sanctioned posts for regularizing the employees concerned in the case.

The concerned workmen are entitled to be made permanent on completion of 480 days in a period of 24 calendar

months. The workmen are entitled to be absorbed in the establishment from the date of their joining the service.

4.

The Respondent has filed Counter Statement contending as below:

The Petitioner Union is not a representative Union of BSNL. Apart from that the Union was originally having

membership of regular staff alone. The workmen concerned in the dispute are not members of the Petitioner Union. So

the Union is not competent to represent them. The concerned workmen are not known to the Respondents. The

petitioner has admitted that the concerned workmen are contract workmen. The work is supervised by the contractual

agency. The Respondents pay bills to the concerned agency agency only. The petitioner has no locus-standi to espouse

the cause of persons who are not employees of the Respondents. The Contractors were given work according to the

work requirement only. BSNL is not responsible for the labourers employed by the Contractors. A regular set of staff is

available for carrying out regular nature of work in BSNL. The work done by the contract workers are not perennial in

nature. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.W7 and Ext.M1 to Ext.M13.

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The petitioner has raised the dispute on behalf of 60 workmen whose names and other details are given in the

annexure to the Schedule of reference. The 60 workmen are said to be doing Cable Work. It is stated that though they

are allegedly under the Contractor, the Contractor changes often but they continue to do the work. It is further stated

that the so-called contract system is a sham one and all of them are under the supervision and control of the Respondent

itself. The petitioner has claimed regularization of the work in the Respondents establishment on this basis and also on

the basis that they are entitled to be deemed permanent under the Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workmen) Act and as they are said to have completed more than 480 days work within a period of

24 calendar months.

8.

One of the workmen has been examined as WW1. He has given evidence on behalf of all the workmen

concerned. According to WW1 they are getting wages directly from the Officers of BSNL. Even prior to the formation

of BSNL they were paid directly by the Department of Telecom. They were supervised directly by the Officials of the

Respondents also. They were paid weekly, fortnightly or monthly. WW1 has stated that all the workmen have

completed 480 days of continuous service in a period of 24 calendar months and they should have been conferred with

permanent status in the establishment. He has stated during his cross-examination that he was not issued with any

Appointment Order. He is said to have joined the establishment as a Helper to cable joint work.

9.

WW1 has not stated on which date all the workmen have started to work in the establishment. Regarding

himself, he has stated during his cross-examination that he has joined the service on 01.04.1996. So far as the other

workmen are concerned there is nothing except the different dates shown in the annexure to the Schedule of reference

regarding the dates of their joining the establishment.

10.

Apart from the fact that there is no acceptable oral evidence regarding the dispute, documents also are lacking.

Out of Ext.W1 to Ext.W4 marked through WW1, Ext.W4 is only a replica of the annexure to the Schedule of

reference. Ext.W1 is a certificate in respect of one Kalaperumal, one of the concerned workmen, issued by a Sub-

Divisional Engineer to the effect that he has been doing very good job at Veeranallur Sub-Division in Cable Jointing

II

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2397

and DP Direction Work. The certificate was issued in March 2003 but it does not say for which period the workman

was working. Apart from this there is no other document regarding this workman.

11.

Ext.W2 contains some requisition slips issued either in 2002 or 2003 to WW1. These will certainly show that he

was working during the period. But these are of intermittent dates and very few in number. These would not establish

even the case that WW1 had worked continuously for 480 days within 24 calendar months. There is nothing to show

that he was working directly under the establishment from 1996 onwards. One does not also know if he is still working

directly or under the Contractor.

12.

Ext.W2 contains some requisition slips issued to one Sornam also. These are also of intermittent dates and very

few in number and are insufficient to establish the case of the concerned workman.

13.

Ext.W3 is described as working particulars. But there is nothing to show whether this is a document pertaining

to the Respondent. It does not have any seal or signature of the establishment. It does not have the name of the

workman except for a scroll of a signature. So far as the workman other than those named earlier are concerned, there

are no documents at all. Thus the available documents are too insufficient to establish the case put forth on behalf of the

concerned workmen.

In view of the discussion above, the petitioner is not entitled to any relief. The reference is answered against the

petitioner. An Award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Murugan

WW2, Sri K. Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri V. Anthonysamy

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

01.03.2003

Certificate issued by BSNL

Ext.W2

-

Requisition/issue slip of BSNL

Ext.W3

-

Working Particulars

Ext.W4

-

2A petition annexure

Ext.W5

-

Bye-laws of the Union

Ext.W6

30/31 Oct’2001

Resolution of the union

Ext.W7

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract Workers.

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

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[PART II—SEC. 3(ii)]

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

20.11.2004

Copy of the agreement entered into between BSNL and Sri S. Chandrasekaran

Proprietor of M/s. Ganesh Constructions Contractor.

Ext.M10

27.03.2003

The Contract Labour )Regulation & Abolition) Act, 1970 and Central Rules,

1971 made there under-Grant of Certificate Registration-reg.

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the Department

in the appointment of Group “D” employees category.

Ext.M12

10/11.07.2002

Awarding of Tender for cable Joint work in Zone-3 of Tirunelveli SSA-reg.

Ext.M13

28.04.2006

Model Bill for Labours.

—

New Delhi, the 17th April, 2017

S.O. 1086.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 318/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Trichy and others and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40011/09/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 318/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The General Manager

:

2nd Party/1st Respondent

Telecom, BSNL

Trichy

II

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2399

2.

The Chairman & Managing Director

:

2nd Party/2nd Respondent

BSNL, Sanchar Bhawan

New Delhi-110001

3.

The Chief General Manager

:

2nd Party/3rd Respondent

BSNL Tamil Nadu Circle

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/9/2003-IR (DU)

dated 13.02.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The Schedule mentioned in that order is :

“Whether the claim of the union for absorption of contract labours (as per annexure) by the Management of

BSNL, Telecom Trichy is legal and justified and if so to what relief the workmen are entitled?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID No. 318/2004 and issued notices to both

sides. Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Union registered under the Trade Unions Act and is having substantial number of permanent

workmen working in BSNL as its members. The workmen concerned in the dispute, 38 in number were working in

the Trichy Office of Telecom. They were doing office work. They were being supervised by the staff of the

Respondents. Their control was mainly by the Officers of the Respondents. The workmen are working through the

alleged Contractor. Even though the contract is changed the workers continue. They are carrying out the very same

work carried out by the permanent employees of the telecom Department. Their work is perennial in nature. The

persons put forth as Contractors are mostly the employees of the Respondents. The concerned workmen cannot be

treated as contract labourers and have to be treated as part and parcel of the regular establishment. The work performed

by the concerned workmen are essential and the so-called contract system is sham. The control of the workmen remains

with the Telecom Department. There are regular sanctioned posts for regularizing the concerned workmen. The

concerned workmen are to be made permanent as per the Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workmen) Act. The documents pertaining to the engagement of the workmen are with the

Respondents. They are bound to produce these documents. Otherwise adverse inference may be drawn against them.

The workmen concerned are entitled to be absorbed in the service of the Respondent from the date of their joining in

the service with continuity of service with attendant benefits. An award may be passed accordingly.

4.

The First Respondent has filed Counter Statement contending as below:

The Petitioner Union is not a representative union of BSNL. The Union has no power to represent the staff or

contract workmen. The contract labourers are not members of the Petitioner Union. For this reason also the Union is

not competent to raise the dispute. The Telecom District Area has entered into house-keeping work contract with some

agencies. The details of the contract labourers are not known to the Respondents. The work is not of primary nature. It

is supervised by the contract agency. The Respondent is paying bills to the concerned agency only. The details of

workmen given in the Claim Statement are false. The Contractors were given work according to work requirement

only. BSNL is not responsible for the labourers employed by the Contractor. A regular set of staff is available for

BSNL to carry out work which is regular in nature. Only works which are temporary or seasonal in nature are allotted

to the Contractors. BSNL is entitled to engage Contractors for getting jobs done following the provisions of Contract

Labour (Regulation and Abolition) Act. BSNL, Tiruchirapally has registered itself as Principal Employer under the

said Act. It is incorrect to state that contract work is undertaken by the staff of the BSNL. It is incorrect to state that

direct supervision and control of work was exercised by the department officials. The Respondents are not having

documents in respect of the concerned workmen. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.W31 and Ext.M1 to Ext.M13.

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[PART II—SEC. 3(ii)]

6.

The points for consideration are:

(i)

Whether the non-absorption of the concerned workmen by the Management of BSNL Telecom, Trichy is

legal and justified?

(ii)

To what relief, if any the concerned workmen are entitled?

The Points

7.

The petitioner has raised the dispute on behalf of 38 workmen whose names are given in the annexure to the

Schedule of reference. It is the case of the petitioner that all these workmen have been doing office work in the Trichy

Office of BSNL, that they are directly under the control of the Respondents, that the contract if any entered into by the

Respondents for the work is a sham and nominal one, that their work is perennial in nature and they are entitled to be

absorbed in the regular service of the establishment.

8.

Thangaboomi who is in S.No. 11 in the annexure to the Schedule of reference is examined as WW1 on behalf

of all the concerned workmen. Apart from this there is also the evidence of WW2, the Circle Treasurer of the

Petitioner Union. However, his evidence is intended only to meet the case of the Respondents that the Petitioner Union

has no locus-standi to raise the dispute.

9.

WW1 has stated in the Proof Affidavit filed by him that all the 38 workers concerned in the case have completed

480 days of continuous service in a period of 24 calendar months and the Respondents should have conferred

permanent status on them. It is further stated that though it is the case of the Respondents that the concerned workmen

are contract workmen they were not appointed by any Contractors and they do not know who are the Contractors at all.

It is further stated that if there is any Contractor it is for the Respondents to bring the said Contractor in the party array.

WW1 has further stated that the contract if any is sham and nominal and the concerned workmen were always under

the direct control of the Officers of BSNL.

10.

Though 32 workmen are involved in the case documents pertaining to only some of them are produced by the

petitioner. It is to be seen whether documents are sufficient enough to establish the case of the petitioner that all the

workmen have been doing work of perennial in nature, that they were under the direct control of the Respondents, etc.

The documents produced on behalf of each of the concerned workmen have to be examined.

11.

The documents pertaining to WW1 himself can be examined first. Ext.W2 is a temporary identity card issued to

WW1 Thangabhoomi on 30.04.1999 by the Divisional Engineer of Trichy Division and is valid up to 30.06.1999.

There cannot be any doubt about the authenticity of this document. It is issued by the Divisional Engineer directly.

Ext.W3 is a letter written by the Sub-Divisional Engineer on 24.02.2000 consequent to WW1 sustaining accident

during work. It shows that the accident occurred while he was handling departmental packing cases. The letter requests

the Medical Officer to give first aid to the workman. Ext.W4 is a request by the Junior Telecom Officer on 16.11.2001

to send WW1 with installation materials for Vadivel Nagar RSU Unit at Karur. The request contains the signature and

also the official seal of the Officer. Ext.W5 is by the Accounts Officer, BSNL, Trichy to permit four workmen

including WW1 to stay in the Accounts Section for setting right the vouchers on the night of 06.04.2004. This

document is after the reference, but shows that the workman was continuing in the establishment even after the

reference. Ext.W6 consists of several requests for forms in 2002 & 2003 by the Divisional Engineer, Trichy. The

forms are seen received by WW1. Ext.W7 consists of IQ Register of BSNL, Trichy for the period from 01.04.2002 to

December 2005. The name of WW1 appears on different dates in this document along with the names of other

workmen. This document of course is not in a printed format. But examination of this document would reveal the

authenticity of this. It could not have been a manipulated document. However, this document would show only that

WW1 was in the establishment during the period from April 2002 to December 2005. In the annexure to the Schedule

of reference the claim is that WW1 had joined the establishment on 17.01.1994. No documents are available to prove

that he was there from 1994. However, Ext.W2 which is of the year 1999 shows that he was there at least from 1999.

Apart from this is the fact that WW1 is seen engaged by the Respondents directly. His supervision seems to have been

by the Officers of the Respondents and not by the alleged Contractor. The Respondents have not produced any

document to show that WW1 or other workmen were working under Contractor. Apart from their statement in the

Counter Statement and the evidence given by MW1 there is nothing available in this respect. MW1 had given evidence

only on the basis of documents and had no direct knowledge regarding the engagement of any of the workmen

concerned. One contract produced on behalf of the Respondents and proved is Ext.M9 of the year 1998. However, this

contract is for dismantlement of lines and wires and is only intended to show that the Respondents have started the

practice of contract system. However, the documents pertaining to WW1 already discussed would show that he was

working directly under the control of the Respondents and not through any Contractor. So the alleged contract system

is a sham one.

II

(ii)

2401

12.

Another set of documents produced are in respect of M. Murugan who is S.No. 38 in the annexure to the

Schedule of reference. Ext.W13 is a letter by the Senior Superintendent of Tiruchirapally Telegraph Office to the

General Manager, Trichy on 09.05.1994 requesting to send the amount sanctioned as financial assistance to the

officials of the Division. The request is to send the amount through Murugan and the signature of the workman is

attested by the Senior Superintendent also. There are two more such requests given on different dates during 1997 and

1998 respectively to send amount through this workman. Ext.W14 consists of sanction letters by the Senior

Superintendent for payment of coolie charges to Murugan during the period from June 1994 to October 2001. All these

letters would show that Murugan was working there continuously during the entire period and that also directly under

the Respondents and not through a Contractor. Ext.W15 is the copy of a representation given by Murugan seeking

regularization in August 2002. By Ext.W16 this representation is forwarded by the Senior Superintendent to the

General Manager. Ext.W17 of 2004 is a letter by the Assistant General Manager to the Divisional Engineer stating that

the fax machine taken as loan are returned through Murugan. Ext.W17 consists of ACG-17 receipts by which payment

was made to Murugan in the year 2003. These contain the signature of Murugan as the payee. Ext.W19 shows that

Murugan was sent as Messenger in December 2004 for supply of India Telephone Cards. Ext.W20 is also to send post-

paid cards through Murugan. This is in January 2005 and for the first time Murugan is referred to as a contract labour

in this document. What is to be assumed from this is that after the dispute was raised the Respondents have started to

refer to them as contract labour.

13.

Ext.W21 is the document available in respect of Rajendran who is S.No. 8 in the annexure to the Schedule of

reference. This document has recorded presence of Rajendran from 05.10.1998. Each page is for one month. These

pages show the nature of work of Rajendran as Operating Lift from Ground Floor to Third Floor. The name of the

Junior Telecom Officer who is supervising the work and also the name of the Controlling Authority are shown in the

document. Even the mode of payment is shown. Rajendran seems to have been paid at the rate of Rs. 33/- per day. In

several of the pages there is a signature of the JTO as well as that of the Sub-Divisional Engineer. The document

continues up to 25.01.2006. Though this is the sole document produced on behalf of Rajendran, it is very much clear

that this workman was throughout working in the department at least from 1998 and had been continuing even after the

reference. Though the case of the Respondents is that all the workmen were working under the Contractor, the details

given in Ext.W21 would show control of the workman by the officials of the Respondent. So also payment is seen

made directly by the Department. It is also apparent that Rajendran was throughout doing the same kind of work in the

same position. So the case of the Respondents that the concerned workman was under a Contractor could not be

accepted. Apart from this is the fact that the work that was done by him is perennial in nature. He was not merely

engaged as a seasonal employee or to execute some temporary work. The case in respect of this workman that the

contract is sham and nominal is to be accepted.

14.

Ext.W22 to Ext.W26 are produced to prove the case of Ramachandran, S.No. 35 in the Schedule of reference.

Ext.W22 is a representation from Ramachandran to the Chief General Manager on 16.08.2002 stating that he was

working as casual labour in the Electrical Sub-Division, Trichy from April 1992 to August 1995. He has stated in the

letter that on the ground that he had entered service after 22.06.1888 his services were being utilized as contract labour

subsequently. He is asking for regularization by the letter. the letter was forwarded by the Executive Engineer,

Electrical Division to the Chief General Manager. Ext.W23 is a document showing service details of Ramachandran.

This seems to have been prepared for calculating DA arrears which contains signature of the Assistant Engineer of

Electrical Sub-Division. This shows that he was in the department from April 1990 and was there in August 1995 also.

Ext.W24 (series) are the Duty Charts in respect of workmen including Rajendran. These include Duty Charts for

several days starting from November 2001 and up to July 2002. Ext.W25 (series) are wage receipts of different periods

starting from the month of January to March 2001. All these contain the endorsement by the Sub-Divisional Officer

that he had passed payment of the amount,. Ext.W26 (series) are particulars showing the working days of Lift

Operators including Rajendran for several months starting from March to December 2005. This contains the signature

of Dub-Divisional Officer which shows that he was working continuously on all days even after the reference. Ext.W27

is a request by a Senior Accounts Officer to permit some workmen including Rajendran to stay in the Accounts Section

for setting right the vouchers for the night of 30.04.2004. While referring to this document on discussing the case of

Thangabhoomi it was pointed out that for the first time the workman had been referred to as Contractor Workers in

this. However, the fact remains that the request is not to the so-called Contractor but to the Security Officer of BSNL.

Thus it is very much clear from the document produced that Ramachandran was working in the Department at least

from 1990 and he was called a contract labour after a dispute was raised. From the fact that all the documents referred

to earlier were maintained by the department and the control was directly exercised by the officials of the Department it

is clear that Ramachandran was directly working under the Department. But later an attempt was probably made

to treat him as a contract labour. In spite of umpteen documents produced on behalf of the Ramachandran the

Respondents have not produced any documents to show that Ramachandran was ever working as contract labour. The

so-called contract put forth by the Respondents is to be treated as sham and not acted upon.

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[PART II—SEC. 3(ii)]

15.

Ext.W8 and Ext.W10 to Ext.W12 are the documents produced in respect of Baskar, S.No. 12 in the annexure to

the Schedule of reference. Ext.W8 is a temporary identity card issued in April 1999 by the Divisional Engineer of

Trichy. This does not refer to him as a contract labour. Ext.W11 is the Attendance Register from 1st May to 31st July,

2002. Though this document is seen prepared in plain paper it contains the signature of the Sub-Divisional Engineer in

each page. Ext.W12 are some ACG-17 receipts revealing payment of amount to Baskar. The receipts are of April and

May 1998. Ext.W10 is a certificate by the Senior Telecom Officer of Trichy on 19.11.1996. In this he is referred to as

contract casual labour. However, Ext.W12 (series) shows direct payment by the department to Baskar. So it is very

much clear that payment was made directly by the department and reference to him as a contract labour in the

certificate could not have been because he was working on contract basis through a Contractor. Presence of this

workman in the department and his working there continuously at least from 1998 and his continuing the work even

after reference is proved by the documents. The claim that he was a contract worker could not be true.

16.

Some documents are produced in respect of one K. Karuppaiah. However, the name of this workman does not

find a place in the Schedule of reference at all. No documents are available in respect of workmen other than those

referred to earlier. The case on their behalf is not established.

17

There is a case for the respondents that there was ban on engaging casual workers directly after 30.03.1985 as

revealed by Ext.M2 order issued by Government. According to the Respondents none of the concerned workman could

have been engaged directly in view of this, after Ext.M2. However, the fact remains that even after 1985 persons were

engaged and paid directly by the department. So what is to be assumed is that in spite of the ban casual labourers used

to be engaged by the Respondents. These, as stated, are indicative of the fact that the contract if any was only sham

and nominal and the workmen were under the direct control of the Respondents. The Respondents are those who

must be in possession of the relevant documents regarding the so-called contracts. The workmen referred to above

have provided sufficient evidence to show that they were directly employed by the Respondents. The burden then shifts

on the Respondents to disprove the case that they were not working directly but only under the Contractor and there

was no direct employer-employee relationship between them and the Respondents. The contract if any is to be treated

as sham.

18.

The counsel for the petitioner has referred to the decision of the Apex Court in WORKMEN OF FOOD

CORPORTION OF INDIA VS. FOOD CORPORATION OF INDIA reported in AIR 1985 SC 670 where it was held

that a person who is under direct employment cannot be converted to a contract employee. It was a case where the Food

Corporation had engaged several workmen directly but subsequently a Contractor was inducted and these workmen

were brought under him. The dictum was laid down in this context. The petitioner had raised the dispute not long after

the so-called contractual system was brought into effect. Apparently, the Respondents without notice to the concerned

workmen had brought in a contract system. But they have not proved it properly. The Apex Court has stated in

HUSSAINBHAI VS. ALATH FACTORY THOZHILALI UNION reported in AIR 1978 SC 1410 that the presence of

intermediate Contractors with whom the workers have immediate or direct relationship excontractu is of no

consequence when on lifting the veil or looking at the conspectus of factors governing employment will discern the

naked truth, though draped in different perfect arrangement, that the real employer is the Management and not the

immediate Contractor. In the present case, on removal of the veil it is very much clear that the contract system if any

under which the workmen were working was only a sham and nominal one and they were really working under the

Respondents itself.

19.

There is a contention for the Respondents in the Counter Statement that the Union has no capacity to represent

the contract workmen. MW1, the Divisional Engineer examined on behalf of the Respondents has stated during his

evidence that the casual labourers could not have become members of the Union. Ext.M3 circular is produced to prove

this. MW1 has also stated that the concerned workmen who are not even casual labourers cannot become members of

the Union and for this reason the Union is not competent to represent them in this dispute also. The petitioner has

examined WW2, the Treasurer of the Union to meet this contention. As seen from his evidence there were earlier 6

Unions among the workmen of the Respondents. However, these Unions got merged with the Petitioner Union. In the

Working Committee Meeting of the Union it was decided to espouse the cause of the concerned workmen. The

resolution of the Union is marked as Ext.W10. When such a resolution is taken the Petitioner Union is quite competent

to raise the dispute on behalf of the concerned workmen. So the contention that the Union is not competent to espouse

the cause of the workmen will not hold good. Those workmen who have proved their eligibility by establishing that

they were working with the Respondent for a long time is entitled to relief.

20.

Relief can be moulded on the basis of the period for which each workman have worked. Ramachandran, S.No.

35 in the annexure to the Schedule of reference have been working from the year 1990. Murugan, S.No. 38 have been

working from 1994. Baskar, S.No. 12 have been working from 1996. So they are entitled to be regularized in the

Respondent’s service from the date when the dispute was raised. Rajendran, S.No. 8 had been working with the

Respondent from 1998 and WW1, Thangabhoomi, S.No. 1 had been working with the Respondent from 1999. As

II

(ii)

2403

could be seen they had started to work only two or three years before the dispute was raised. So their regularization can

be from the date of the Award.

21.

On the basis of the above discussion, an Award is passed as below:

Ramachandran, S.No. 35, Murugan, S.No. 38 and Baskar, S.No. 12 in the annexure to the Schedule of

reference shall be deemed to have been regularized in the service of Respondents in their then position from

the date on which the dispute was raised. They shall be eligible for backwages and other attendant benefits. In

case of default in payment within two months of publication of the Award the amount will carry interest @6%

per annum from the date of the Award. Rajendran, S.No. 8 and Thangabhoomi, S.No. 11 shall be regularized

in the service of the Respondent with effect from the date of the Award. The reference is answered

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri T. Thangabhoomi

WW2, Sri K. Srinivasan

For the 2nd Party/Management

:

MW1, Sri A. JayaKumar

Documents marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

December, 2004

Photocopies of Sunami Relief Camp conducted by BSNL at Velanganni,

Kameswaram, Thirupoondi and surrounding Areas

Ext.W2

30.04.1999

ID Card of Thangabhoomi DE, D. Tax Ranganathan

Ext.W3

24.02.2000

Certificate issued for medical treatement

Ext.W4

16.11.2001

Store slip issued by Jessie Hanna, JTO

Ext.W5

06.04.2004

Certificate issued by A/O, Krishnamurthy

Ext.W6

05.10.2002

Requirement forms of D. Tax issued by SDE Power, DE Tax, JTO Power

Ext.W7

01.04.2001 to

IQ Register of BSNL Trichy

31.12.2005

Ext.W8

20.04.1999

Identity Card of K. Baskar issued by Rangathan DE, D. Tax Ranganathan

Ext.W9

04.06.1997 to

ACE 2, K. Karuppaiah, JTO

03.03.1999

Ext.W10

19.11.1996

Working Certificate issued by JTO, Newtech Installation to Baskar

Ext.W11

May 2002 to

Attendance Register signed by SDE, EWSD II/D. Tax, Trichy

July 2002

Ext.W12

03.04.1998, 15.04.1998

K. Karuppaiah, JTO, EWSD II, making payment to Baskar in ACG 17

01.05.1998, 01.05.1998

Ext.W13

09.05.1994, 29.05.1997

Authorization letter issued by SSTT to M. Murugan

& 03.06.1998

Ext.W14

01.06.1994 to

Payment receipt issued by SSTT to Murugan

01.10.2001

Ext.W15

22.08.2002

Letter by M. Murugan seeking regularization to GM, BSNL, Trichy

Ext.W16

27.08.2002

Letter forwarded by SSTT to GM, BSNL, Trichy

Ext.W17

21.10.2004

Letter issued by AGM TT to M. Murugan

2404

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.W18

Nov. & Dec. 2003

Payment made by ACG 17 to M. Murugan

Oct., Nov., Dec. 2004

and January 2005

Ext.W19

10.12.2004

Authorization letter to A/O Receipts issued by AGM TT.

Ext.W20

29.01.1995

Authorization letter issued by AGM TT to M. Murugan

Ext.W21

05.10.1998

Attendance Register of N.E. Rajendran, Lift Operator

to 13.09.2002,

22.03.2004 to

25.01.2006

Ext.W22

16.08.2002

Letter from S. Ramachandran to CGM, BSNL Chennai regarding

regularization

Ext.W23

1990 to 1995

Service particulars of S. Ramachandran Certified by Natarajan, AE

(Electrical), BSNL Trichy

Ext.W24

-

Duty Chart for the week ending 03.11.2001 to 26.01.2002 & 09 09.02.2002

to 20.07.2002

Ext.W25

-

Wages Receipts for Jan. Feb. & Dec. 2000, Jan., Feb. & March 2001

Ext.W26

-

Certified copy attendance for March, April, June, July, Sept., Nov., &

December 2005

Ext.W27

-

Permission letter to attend night duty work issued by Sr. AO (Cash)

Ext.W28

-

Annexure to 2(k) Petition

Ext.W29

-

Bye-Laws of the Union

Ext.W30

30/31 Oct., 2001

Resolution of the Union

Ext.W31

21.03.2006

Lok Sabha Starred Question Dy. No. 10145 by Sri Ganesh Singh regarding

regularization of contract workers

On the Management’s side

Ex.No.

Date

Description

Ext.M1

24.12.1992

Copy of DoT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992

addressed

to

CGMR,

Calcutta

Phones

and

Endorsement

No.

E.1/107/Blgs/92-93/3 dated TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding bank order of

recruitment of casual labours

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecom, Tamil Nadu Circle, Madras-

600002 regarding eligibility of casual labour to become office bearer of the

Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D

Staff in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T

Rules which deals with Rule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

-

Copy of the agreement entered into between BSNL and M/s. Kalimar

Constructions

Ext.M10

25.09.1996

Copy of the document for registering BSNL as Principal Employer under

CLRA Act.

II

(ii)

2405

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the

Department in the appointment of Group “D” employees category

Ext.M12

30.08.2002

Copy of the Model Bill prepared for the Contractor

Ext.M13

28.07.2004

Copy of the license given by Contractor M/s. Tamil Nadu Ex-Servicemen

Corporation for 2004 and M/s. First Man Security Service for the year 2002.

—

New Delhi, the 17th April, 2017

S.O. 1087.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 130/2003) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Maadurai and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/25/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 130/2003

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

The General Manager, Telecom

:

2nd Party/Respondent

BSNL, No. 2 VP Rathinasamy Nadar Road

Bibikulam

Madurai-625002

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/25/2003-IR (DU),

dated 31.07.2003 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

2406

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

“Whether the demand of the Union for regularization of 71 Cable Workers who worked under BSNL, Madurai

is justified? If so, to what relief they are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 130/2003 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working in the Office of BSNL, Madurai. They are doing

Cable Work, etc. These workmen are working directly under the control and supervision of BSNL. They are doing the

very same work carried out by the permanent employees of the Department. The work done by them is perennial in

nature. The workmen cannot be treated as contract labour but have to be treated as part and parcel of the regular service

of the Department. All the workmen concerned in the dispute are Class-IV employees for which sponsorship from

Employment Exchange is not required. The work performed by them are essential. The so-called contract system is a

sham one. The overall control of the workmen including administrative control remained with the Department. The

alleged Contractors are regular staff of the Department. They engage the workers, supervise the work, take their

attendance and claim and pay their wages. There are regular sanctioned posts for regularizing the workmen concerned

in the case. The BSNL is an establishment as per Tamil Nadu Industrial Establishment (Conferment of Permanent

Status to Workmen) Act. The concerned workmen having completed 480 days of work in a period of 24 calendar

months should be made permanent. An Award may be passed holding that the workmen are entitled to regular

absorption in the service of the establishment from the date of their joining together with continuity of service and

attendant benefits.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are

doing work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct

control and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner

has admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization do not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with he Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

4.

The evidence in the case consists of oral evidence WW1 to WW5 and MW1 and documents marked as Ext.W1

to Ext.W20 and Ext.M1 to Ext.M12.

5.

The points for consideration are :

“Whether the workmen concerned in the case are entitled to the relief of regularization in the Respondent

establishment as claimed?”

The Point

6.

The petitioner union has raised the dispute on behalf of 71 Cable Workers whose names and other details are

given in the annexure to the Schedule of reference. These workmen are stated to be working under Madurai SSA. The

year on which they have started to work and the unit in which they are working are also given in the annexure.

According to the Petitioner Union these workmen have been continuously working for the Respondent establishment

for a long time. Though they were made to work under a contract system, the contract is said to be a sham one. They

are stated to be working directly under the control and supervision of the officials of the Respondent. According to the

petitioner all the workmen have completed more than 480 days of work within a period of 24 calendar months and are

entitled to the benefit of Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act also.

7.

WW1 to WW4, some of the workmen involved in the case have been examined by the petitioner. All of them

have given evidence in tune with the case put forth in the Claim Statement. All of them have claimed absorption in the

establishment. WW5 is an Office Bearer of the Petitioner Union who is examined to meet the case of the Respondent

that the petitioner has no locus-standi to raise the dispute.

II

(ii)

2407

8.

It is to be seen whether the documents produced justify the case of the petitioner. Ext.W1 contains payment

receipts passed by the Junior Telecom Officers of the Respondent. In all these WW1 has signed below the column for

Contractor. The case is that WW1 himself was doing the work. Whether this is true or not, it could be seen from the

receipts that these are of intermittent dates which reveal that work was being done by WW1 not on all days

continuously. The dispute itself was raised in 2002. If work was being done intermittently it would not have been

possible for WW1 to complete 480 days of continuous work within 24 months. Ext.W2 is described as Log Book

signed by certain Junior Technical Officers. However, only the name of the Supervisor is there but without any

signature. These are all seen written in one stretch. Ext.W3 includes cable diagrams bearing the signature of a Junior

Telecom Officer. However, the relationship of this document with any of the workmen concerned is not revealed.

Ext.W5 contains the Identity Cards of three workmen who are described as contract labour. All of them are shown to

have joined in 1998. Ext.W6 includes receipts containing the name of certain persons who have signed as Contractor.

The document contains the description of work also. These are of late 1999 and of 2000. Ext.W6, another set of

receipts contains the signature of WW2, Kanakaraj. These are from September 2000. These are also of intermittent

dates and would not prove the case that more than 480 days was completed before the dispute was raised. Ext.W7

contains particulars of work and place in respect of several persons alongwith the signature of the Supervisor. These are

from May 1997. However, these are also of intermittent dates revealing that there was no continuous employment.

Ext.W8 is only the copy of the annexure to the Schedule of reference. Ext.W9 contains certain photographs out of

which nothing could be made out, in the absence of any evidence. Ext.W10 are described as Cable Diagrams

describing the fault. These are from December, 2001 to August 2000. But these would not reveal which workman is

involved. Ext.W11 are the payment receipts starting from January 1999. It is not clear from these also whether the

person who signed the receipt had been working continuously. The receipt shows that the payment is for work done on

a particular date and not for continuous work. Ext.W12 contains work details with the name of name of

Ramakrishnan, one of the worker. A few pages of this are of the end of 1998 and of 1999. However, these are not

continuous except for a few days and it could not be made out from this if he was continuously employed throughout.

Mostly these are the details pertaining to the year 2000 to 2003 which reveal work on intermittent days and not

continuously. Then there is a fact that these have come into existence only sometime before the raising of the dispute

and would not spell out continuous employment. Ext.W13 is described as the Operator Log Book of 2000 for certain

days. These are somewhat continuous. However, on the basis of this it could not be stated that the concerned workman

had been working for a long time, doing perennial nature of work as that of a regular workman. Ext.W14 is Identity

Card issued to the same workman showing the date of joining as 20.11.1998. This is seen issued in February 1999.

Thus even as per this document he had joined the establishment only at the end of 1998 and there is nothing to show

that he was doing work continuously. Ext.W15 contains certain diagrams with the signature of the JTO, but does not

reveal in respect of which workman. Ext.W16 are only photographs that do not convey anything. Ext.W17 is described

as Store Slip, but this is of the year 2004. Thus a perusal of the documents would show that the case of those workmen

who were examined themselves are not established. So far as the other workmen named in the annexure are concerned,

no evidence is available at all. In the circumstance the petitioner is not entitled to any relief.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri V.S. Abdul Rahim

WW2, Sri A. Kanagaraj

WW3, Sri M. Ramakrishnan

WW4, Sri P.V.Periyasamy

WW5, Sri Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri S. Selvaraj

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

17.01.2000

Pay receipts signed by V. Balasumbramani, JTO, Bodi, issued to Abdul

To

Rahim

09.07.2000

2408

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.W2

01.03.1999

A/C Log Book signed by Ravindran, JTO, and Balasubramani, JTO issued

to to

Abdul Rahim is filed as Ex.W.2 Cable Diagram

21.09.2003

and

04.11.2000

to

17.12.2000

Ext.W3

27.12.2004

Cable Diagram signed by AV. Ravindran, JTO and G.Venkatachalam, JTO,

11.07.2005

Bod

Ext.W4

-

Annexure to the 2(K) petition

Ext.W5

02.02.1999

Name of the Employer and ID Cards

Ext.W6 (Part)

-

Pay receipt

& Series

September

Payment receipts issued by Balasubramanian,

to

Ravindran, Venkatasalam, JTO, BSNL,

Dec. 2000

Bodinayakanur

Jan.2001

to

April 2001,

March,

April,

Nove.2002

and

Dec.2004

Ext.W7 (Part)

-

Working particulars

& Series

May to

certified by S.Rajendran, N.S. Ramakrishnan,

Dec.1997

P. Ramakrishnan, K. Murugan, S. Rajagopal, TM

Jan. To Dec.98

Jan. To Sep.99

Jan. To Dec.2000

Jan. To Dec.2001

Jan. To Dec.2002

Jan. To Dec.2003

Ext.W8

-

Annexure in the 2(K) petition

Ext.W9

17.11.2004

Photos taken during my marriage in which AV. Ravindran, JTO, Anthony

Das, Pm. Rajagopal, TM, S. Ravindran, TTA, D.Murugan, SRTOP, Bodi

participated and greeted me on the occasion

Ext.W10

01.12.2001

Cable Diagram describing fault

To

31.08.2002

Ext.W11

31.01.1999

Payment receipts

To

05.08.2000

Ext.W12

20.11.1998

Work details

To

19.09.2003

Ext.W13

14.11.2000

A/C Operator Log Book

Ext.W14

02.02.1999

ID Card issued to M. Ramakrishnan by AV.Ravindran, JTO, Bodi

Ext.W15

2003 To 2004

L 14 Diagram

Ext.W16

Feb.2005

Photos taken during my Marriage attended by rishnamurthy, SDE,

Chandramohan, TM, R.Muthu, TM, Marthandam, TM, Manuvel Paulraj,

TTA, Satymoorthy, RM.

II

(ii)

2409

Ext.W17

15.05.2004

Store slip and Gate Pass issued by Mansur Hussan, JTO, Groups,

Chatrapatti and JTO, Outer, Ottanchathiram

17.05.2004

Ext.W18 -

Bye-laws of the Union

Ext.W19

30/31 Oct’2001

Resolution of the union

Ext.W20

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract

Workers.

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992

addressed

to

CGMR,

Calcutta

Phones

and

Endorsement

No.

E.1/107/Blgs/92-93/3 dated TR-1 the 02.02.1993.

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu

Circle, Madras-600002 regarding eligibility of casual labour to become

office bearer of the Unions.

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III.

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records.

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D

staff in BSNL.

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T

Rules which deals with Rlule-331.

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

21.03.2005

Copy of the agreement entered into between BSNL and M/s. G.Devendran

S/o, K. Gurusamy, contractor.

Ext.M10

03.01.2002

Certificate of Registration Form-II.

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the

Department in the appointment of Group “D” employees category.

Ext.M12

28.04.2006

Model Bill for Labours.

—

New Delhi, the 17th April, 2017

S.O. 1088.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 131/2003) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Madurai and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/28/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

2410

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 131/2003

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

The General Manager, Telecom

:

2nd Party/Respondent

BSNL, No. 2, VP Rathinasamy Nadar Road,

Bibikulam

Madurai-625002

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/28/2003-IR (DU)

dated 31.07.2003 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the demand of the Union for regularization of 86 Line Work Contract Labourers who worked under

BSNL, Madurai is justified? If so, to what relief they are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 131/2003 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working in the Office of BSNL, Madurai. They are doing

Line Work, Cable Work, etc. These workmen are working directly under the control and supervision of BSNL. They

are doing the very same work carried out by the permanent employees of the Department. The work done by them is

perennial in nature. The workmen cannot be treated as contract labour but have to be treated as part and parcel of the

regular service of the Department. All the workmen concerned in the dispute are Class-IV employees for which

sponsorship from Employment Exchange is not required. The work performed by them are essential. The so-called

contract system is a sham one. The overall control of the workmen including administrative control remained with the

Department. The alleged Contractors are regular staff of the Department. They engage the workers, supervise the

work, take their attendance and claim and pay their wages. There are regular sanctioned posts for regularizing the

workmen concerned in the case. The BSNL is an establishment as per Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workmen) Act. The concerned workmen having completed 480 days of work in a

period of 24 calendar months they should be made permanent. An Award may be passed holding that the workmen are

entitled to regular absorption in the service of the establishment from the date of their joining, together with continuity

of service and attendant benefits.

II

(ii)

2411

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are

doing work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct

control and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner

has admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization do not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with he Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

4.

The evidence in the case consists of oral evidence WW1 and WW2 and MW1 and documents marked as Ext.W1

to Ext.W9 and Ext.M1 to Ext.M12.

5.

The points for consideration are :

“Whether the workmen concerned in the case are entitled to the relief of regularization in the Respondent

establishment as claimed?”

The Point

6.

The Petitioner Union has raised the dispute on behalf of 86 workmen whose names are given in the annexure to

the Schedule of reference. The annexure gives the place of work and the year in which they have started to work also. It

is stated that all the workmen were doing Line Work, Cable Work, etc. According to the petitioner though these

workmen were working through a contract system it is only a sham one. Even though the Contractors changed, the

workmen continued to do the same work. They were always doing work that were similar to the one carried out by the

permanent employees of the Department. The so-called Contractors are said to be permanent employees of the

establishment itself. The petitioner claims regularization of the workmen in BSNL on the basis that the contract system

under which they are working is a sham one and also because they have completed 480 days of work within a period of

24 calendar months and being entitled to the benefit of Tamil Nadu Industrial Establishment (Conferment of Permanent

Status to Workmen) Act.

7.

One Sonaimuthu has been examined as WW1. Though 86 workmen are named in the annexure to the Schedule

of reference what WW1 has stated in the affidavit in lieu of Chief Examination filed by him is that he is giving

evidence on behalf of 71 workmen concerned in the case. However, he has not given the names of 71 workmen or the

names of the excluded workmen. It is also not stated that any of the concerned workmen are excluded as they are not

interested. WW1 has reiterated the case in the Claim Statement in his affidavit. He has given the names of officials who

are said to have extracted work from the workmen. Documents said to be pertaining to the concerned workmen are

marked through WW1.

8.

It is to be seen whether the documents produced justify the case of the petitioner. Ext.W1 are the pay receipts in

respect of different persons. Most of them do not refer to the name of the worker. In any case these are few in number

and it could not be made out from these whether the concerned workmen were working continuously for the

Respondent. Ext.W2 is the particulars of work and place in respect of certain workmen. However, the names of some

of these workmen are not found in the annexure at all. Ext.W3 is only the replica to the annexure to the Schedule of

reference. Ext.W4 contains photographs from which nothing could be made out. Ext.W5 is said to work diary of WW1.

WW1 has stated in his cross-examination that BSNL has not given him any direction to maintain such a work diary.

One does not know if this diary is regarding work done by WW1. Though this contain signature of someone other than

WW1, one does not know who has signed it or in what capacity. Ext.W6 is said to be Cable Joint Diagrams signed by

some of the workmen. This also could not be relied upon for the reason that it could not be made out to which worker

this refers to. Thus the documents produced are not sufficient to establish the case that the concerned workmen have

been working continuously under the direction and supervision of the Respondent. Apart from this is the fact that the

name of WW1 who has given evidence on behalf of the workmen concerned does not find a place in the annexure to

the Schedule of reference at all. So what is to be made out is that this witness who has come forward to give evidence

on behalf of the concerned workmen was not an aspirant for regularization at the time when the dispute was raised. The

Union has not sought regularization on his behalf. So in any case his demand for regularization made during evidence

could not be considered also.

2412

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

In view of the above discussion the petitioner is not entitled to any relief.

The reference is answered against the petitioner. An Award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri N. Sonaimuthu

WW2, Sri Srinivasan

For the 2nd Party/Respondent

:

MW1, Sri S. Selvaraj

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Pay receipts

Ext.W2

-

Particulars of work and place

Ext.W3

-

Annexure to the dispute raised under S.2(K) of the ID. Act.1947

Ext.W4

04.05.1999

Photographs of N.Sonaimuthu, V.Malairaju and P.Thangapandian are all

concerned in this ID, who working in K.K.Nagar Exchange, Pillar 43,

Sivagangai Road, Gomathipuram.

Ext.W5

1996 to 2001

Work Dairy of N.Sonaimuthu

Ext.W6

02.08.2000

Cable Joint Diagram signed by A.Vivekandan, TM and Chandramohan,

JTO

To

21.09.2000

16.10.2001

To

28.10.2000

Ext.W7

-

Bye-laws of the Union

Ext.W8

30/31 Oct’2001

Resolution of the union

Ext.W9

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract

Workers.

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992

addressed

to

CGMR,

Calcutta

Phones

and

Endorsement

No.

E.1/107/Blgs/92-93/3 dated TR-1 the 02.02.1993.

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu

Circle, Madras-600002 regarding eligibility of casual labour to become

office bearer of the Unions.

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records.

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D

staff in BSNL.

II

(ii)

2413

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T

Rules which deals with Rlule-331.

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

21.03.2005

Copy of the agreement entered into between BSNL and M/s. G. Devendran

S/o, K. Gurusamy, Contractor.

Ext.M10

03.01.2002

Certificate of Registration Form-II

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the

Department in the appointment of Group “D” employees category.

Ext.M12

28.04.2006

Model Bill for Labours.

—

New Delhi, the 17th April, 2017

S.O. 1089.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 107/2005) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the Chief

General Manager, BSNL, Chennai & others and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/05/2005-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 107/2005

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Two

Others and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union, RK Srinivas Apptts.

No. 21, Bharathiyar First Street

Pazhavanthangal

Chennai-600114

AND

1.

The Chief General Manager

:

2nd Party/1st Respondent

BSNL, Tamil Nadu Circle, Anna Salai

Chennai-600002

2.

The General Manager, BSNL

:

2nd Party/2nd Respondent

Market Committee Building, Tollgate

Vellore

2414

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

3.

The Chairman & Managing Director

:

2nd Party/3rd Respondent

Statesman House

New Delhi-110001

Appearance :

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/5/2005-IR (DU)

dated 26.09.2005 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the action of the management of Telecom Department, BSNL, Chennai in non-

regularizing/absorbing the services of Sri J. Thulasiraman and 13 Others, contract labourers is legal and

justified and if not, to what relief the workmen/contract labourers are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 107/2005 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The workmen involved in the dispute are doing cable work. They are working through the alleged

Contractor. Even though the Contractor change often the workmen continue to remain the same. The very same work

carried out by the permanent employees are done by these workmen as well. The work done by them is perennial in

nature. The alleged Contractors in most of the cases are one of the employees. The workmen concerned in the dispute

are Class-IV employees for whom sponsorship of Employment Exchange is not required. The work performed by them

are very essential. The contract system allegedly in existence is only a camouflage. BSNL is an establishment as per the

Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act. The concerned workmen are

to be made permanent on completion of 480 days in a period of 24 calendar months. There are regular sanctioned

posts for regularizing the concerned workmen. An order may be passed holding that the concerned workmen are

entitled to absorption in the service of the Respondents from the date of their joining service together with continuity of

service and attendant benefits.

4.

The First Respondent has filed Counter Statement on behalf of other Respondents as well, contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of the Respondents.

The petitioner is not a recognized union also. The Contractors have not been impleaded as parties. So the dispute is

having the defect of non-joinder of parties also. The claim of the petitioner that the concerned workmen are doing the

same work as done by regular employees, that the work is perennial in nature, that there is direct control and

supervision by the Respondents, that the Contractors are Officers of the Respondents, etc. are denied as incorrect. The

petitioner has admitted the workmen to be contract labourers and at the same time has deliberately described them as

casual labourers. These are inconsistent pleas. It is denied that the concerned workmen are doing the work of cable

jointing. The allegation that the contract is sham is not correct. There is no camouflage in the contract as alleged. If the

petitioner’s claim that the workmen have worked for more than 480 days under the Contractor is true they are at liberty

to claim permanency with the Contractor. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W10. No documents were produced on the Respondent’s side

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The dispute is raised on behalf of 14 workmen whose names are given in the appendix to the Schedule of

reference. S.No. 6 to 14 in the appendix are said to have started to work with the Respondents in the year 2003 and the

others in different years starting from 1988.

8.

The petitioner has claimed in the Claim Statement that the concerned workmen have been working for the

Respondents directly though they are allegedly working under the Contractors. It is further stated that the Contractors

in most cases are only employees of the Respondents and the contract system employed by the Respondents is only a

II

(ii)

2415

camouflage. The petitioner has claimed absorption on the basis of the Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workman) Act as well.

9.

The petitioner has examined one of the concerned workman, S.No. 10 in the annexure to the Schedule of

reference and also marked 10 documents to substantiate the case put forth by it. Though the annexure to the Schedule

of reference has given the names of 14 workmen as those involved in the dispute, the witness examined as WW1 has

referred to only 10 names as those involved in the dispute. He has stated that out of these 10 workmen, he is giving

evidence only on behalf of only 8 as one is no longer interested in the case and another has already obtained an Award

in another ID. During cross-examination the witness has stated that even though he is claiming absorption on behalf of

8 workmen including himself he has produced documents pertaining to himself and 2 others by name Jagadheesan and

Jayakrishnan only. So the case put forth on behalf of other workmen other than these three could be found against even

at the outset in the absence of any evidence other than the oral evidence given by WW1 in this respect.

10.

The petitioner has not produced the application before the Assistant Labour Commissioner by which the dispute

was raised. So the actual date on which the dispute was raised is not available. However it could be seen from the order

of reference that the dispute was raised in the year 2004. All the documents produced on behalf of the petitioner other

than Ext.W1 are of the periods subsequent to the period of reference. WW1 has stated in his Chief Affidavit that

himself and the other workmen concerned were employed as Part-Time Delivery Messenger at Telegraphic Office,

Vellore with effect from 2003. Though the case in the Claim Statement is that all the workmen were doing cable work

there is no reference to this work in the Claim Statement. However, even in the appendix to the Schedule of reference

the nature of employment of the workmen is shown as that of Telegraph Messenger. WW1 has stated that the other 7

workmen for whom also he is giving evidence have been orally terminated from service in the year 2014 when there

was a strike. He himself is continuing in the Transmission Section of Optical Fibre Cable Section, Vellore. He has

stated that all the workmen including himself were doing work which is perennial in nature. They were initially paid at

the rate of Rs. 30/- per day and subsequently it was enhanced and now he is getting about Rs. 5, 000/- per month. He

has stated that all the workmen including himself have completed more than 240 days of continuous service in a period

of 24 calendar months preceding the date of termination and have completed 480 days in a period of 24 calendar

months and as such are to be deemed to have attained permanent status.

11.

The claim of the workmen being that they have entered service in the year 2003, there is no scope for the

contention that they are retained as contract workers and continued as such for years with the object of depriving them

of the status and privileges of permanent workmen.

12.

Reference was already made to the documents produced. Even in Ext.W1, the sole document which can be said

to be one prior to the raising of the dispute, the workmen are described as on contract. In the subsequent documents,

Ext.W2 and Ext.W3 also the description given is as contract Messengers. There is nothing to show that the three

workmen have completed 480 days of service within 12 calendar months. Even if 10.01.2003 the date of joining given

in the appendix to the Schedule of reference is accepted as the date on which the workmen have actually started to

work and not as contract workmen but directly, it would not have been possible for them to complete 480 days of

service before the date on which the dispute was raised. There is nothing to show that the workmen were under the

control and supervision of the Respondents. On the other hand the description given in the documents would lead only

to a conclusion that they were taken in as contract workers. So, even WW1 and the two other workmen named by him

during cross-examination are not entitled to any relief. The reference has to be answered against the petitioner.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri. P. Anandan

For the 2nd Party/Respondents

:

MW1, Sri. R. Munirathanam

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

11.10.2003

Duty Chart of contract Messengers (Ex.W1)

Ext.W2

02.10.2004

Duty Chart of contract Messengers (Ex.W2)

2416

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.W3

01.01.2005

Duty Chart of contract Messengers (Ex.W3)

Ext.W4

14.10.2005

Messengers Delivery Receipts to maintained by P. Anandan (Ex.W4)

to

27.04.2006

Ext.W5

18.01.2006

Duty Chart of K.Jagadeesan for in door work (Ex.5)

Ext.W6

02.02.2006

Duty Chart of K.Jagadeesan for in door work (Ex.6)

Ext.W7

13.04.2006

Gate pass slip relating to K. Jagadeesan (Ex.w7)

Ext.W8

12.12.2006

Messengers Delivery Receipts maintained by R. Jayakrishnan (Ex.W8)

Ext.W9

07.06.2006

Messengers Delivery Receipts maintained by R. Jayakrishnan (Ex.W9)

Ext.W10

23.06.2006

Messengers Delivery Receipts maintained by R. Jayakrishnan (Ex.W10)

On the Management’s side

Ext.No.

Date

Description

Nil

—

New Delhi, the 17th April, 2017

S.O. 1090.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 108/2005) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the Chief

General Manager, BSNL, Chennai & others and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/06/2005-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 108/2005

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Two

Others and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union, RK Srinivas Apptts.

No. 21, Bharathiyar First Street

Pazhavanthangal

Chennai-600114

AND

II

(ii)

2417

1.

The Chief General Manager

:

2nd Party/1st Respondent

BSNL, Tamil Nadu Circle, Anna Salai

Chennai-600002

2.

The General Manager, BSNL

:

2nd Party/2nd Respondent

Market Committee Building, Tollgate

Vellore

3.

The Chairman & Managing Director

:

2nd Party/3rd Respondent

Statesman House

New Delhi-110001

Appearance :

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/6/2005-IR (DU)

dated 26.09.2005 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of Telecom Department, BSNL, Chennai in non-

regularizing/absorbing the services of Sri R. Raghothaman and 29 Others, contract labourers is legal and

justified and if not, to what relief the workmen/contract labourers are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 108/2005 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The Petitioner is a registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The employees concerned in the dispute are doing Office Work under the Respondents. The

employees are working through the alleged Contractor. Even though the Contractors changed often these employees

continued to work for the Respondents. The nature of duties performed by the employees are the same as carried out by

the permanent employees of the Telecom Department. The work done by them is perennial in nature. The alleged

contractors in most of the cases are one of the employees of the Respondents. The concerned employees cannot be

treated as contract labourer. The overall control of the employees was with the Telecom Department. The so-called

contract labour system is only camouflage. There are sanctioned posts for regularizing the employees concerned in the

case. The Respondent establishment is one that comes under Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workman) Act. All the employees have completed 480 days of service in a period of 24 calendar

months. They are entitled to be made permanent. An Award may be passed holding that the workmen are entitled to

absorption in the service of the Respondents from the date of their joining service, together with continuity of service

and attendant benefits.

4.

The Respondents have filed Counter Statement contending as below:

The petitioner is not concerned with the persons on whose behalf the dispute is raised. The BSNL Union is not

expected to take up the cause of those who are not members of the Union nor are the employees of the Department of

Telecom or BSNL. The BSNL is not precluded from engaging Contractors to get certain items of work done. The

Respondents are not responsible for the workers engaged by the Contractors. The work is extracted through the

Contractors on work contract basis. The contentions in the Claim Statement are denied. The petitioner is not entitled to

any relief.

5.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W5. No documents were marked on the Respondent’s side

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The Petitioner has raised the dispute on behalf of 30 workmen whose names and other details are given in the

annexure to the Schedule of reference. According to the Petitioner Union all these workmen have been doing office

2418

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

work in the Respondent establishment and still continue to work also. It is the case of the petitioner that though these

workmen are termed as contract workers, the so-called contract system is only a camouflage. It is also there case that

the Contractors are all employees of department itself and working under them cannot be termed as working as contract

labours. It is also contended by the petitioner that all the workmen have completed 480 days of continuous service

within 24 calendar months and they are entitled to be made permanent under the Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workman) Act.

8.

One of the workman named in the annexure to the Schedule of reference has been examined as WW1. Though

30 workmen including him are named in the annexure to the Schedule of reference, WW1 has named only 12 persons

in the affidavit in lieu of Chief Examination filed by him. He has stated in the affidavit that he is giving evidence on

behalf of himself and 11 others named in the affidavit only. He has stated that all of them have been employed in

Telephone Bhawan, Vellore and doing Office Assistant work of up-keeping of files and moving files from one table to

another and from one Section and another. They were also doing Messenger work of delivery of thapals and files from

one office to another office, it is stated. WW1 has further stated in the affidavit that the contract system which

according to the Respondents is in existence is only a make-believe arrangement and all of them were working directly

under the Respondents and were getting directions from Sub-Divisional Engineer and other officials of the

Respondents.

9.

Though WW1 has named 12 persons including himself in the affidavit, documents are not at all produced in

respect of 10 persons other than himself and one Kedarnath. During cross-examination WW1 has stated that the

concerned workmen have joined the establishment in 2003. In the absence of direct evidence by these workmen no

evidence is available to show when they have joined, whether they have been continuously working in the

establishment, whether they are still continuing, etc. So the claim for absorption on behalf of these workmen could be

rejected outright.

10.

Ext.W1 to Ext.W3 are the documents produced on behalf of WW1. As seen from the annexure to the Schedule

of reference, this workman has joined the establishment in April 1997. However, it could be seen from the admission

during his cross-examination that he has joined in 2003 only so his case in the annexure to the Schedule of reference is

a false one. So far as the documents on behalf of WW1 are concerned, Ext.W1 & Ext.W2 are said to be the Attendance

Registers. These do not contain any seal of the establishment. One does not know who has signed these documents.

Even assuming that these are genuine documents, these starts from August 2003 only. These would not show that

WW1 was working in the establishment continuously for more than 480 days before the dispute was raised. The

document is not continuous one but only for intermittent dates. Even if the entire days shown in the document are

calculated it would not make 480 days. So far as Ext.W3 is concerned, this contains a series of Gate Passes in the name

of WW1. All these are of the years 2012, 2014, etc. These are of no use in establishing the case of WW1 as these are

of recent origin. So in any case there is no basis for the contention for making permanent on the basis of the Tamil

Nadu Act for conferment of permanency. Even otherwise the petitioner would not be entitled to be made permanent on

the basis of the enactment.

11.

The case that the contract system under which WW1 is working is a sham one also could not be accepted. The

dispute itself was raised in 2003. Other than the oral evidence, there is no evidence as to on what basis he had been

working. So the case that the contract system if any is a sham one which is made a basis for absorption in the

establishment also is without evidence.

12.

Ext.W4 is the Attendance Register pertaining to Kedarnath. One does not know if this had actually come from

Respondent establishment. It does not contain any seal of the office or anything to show that it originated from the

Office of the Respondents. Even assuming that it is a genuine document, it is not sufficient to establish the case. The

document starts from 21.08.1998. This shows dates up to 31.07.2002. However, there is no continuity for the

document. One does not know if the person was continuously working in the establishment. The concerned person

himself did not come forward to state his case. Ext.W5 contains a series of Issue and Receipt Slips bearing the

signature of a person by name Kedarnath. These documents are in the letter head of BSNL. So these must be genuine

ones. These certainly would show that the person by name Kedarnath had been in the establishment even in the year

2010. Subsequent slips are not seen produced. However, all these slips being of the period subsequent to the raising of

the dispute, these do not serve the purpose of proving the case of the petitioner. So the case put forth on behalf of

Kedarnath also could not be accepted. So the petitioner is not be entitled to any relief.

In view of the discussion above, the reference is answered the petitioner. An Award is passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

II

(ii)

2419

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri. S. Stephen

For the 2nd Party/Respondents

:

MW11, Sri. R. Munirathanam

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

Aug. 2003

Attendance Register (S. Stephen) (Ex. W1)

Ext.W2

Sept. 2003

Attendance Register (S. Stephen) (Ex. W2)

Ext.W3

-

Gate pass 8 Nos. of S. Stephen (W3 series)

Ext.W4

21.08.1998

Attendance Register (N.B Kedharnath) (Ex. W4)

To

31.07.2002

Ext.W5

-

Stores issue and receipt slips 83 Nos. of N.B. Kedharnath (Ex.W5Series)

On the Management’s side

Ext.No.

Date

Description

Nil

—

New Delhi, the 17th April, 2017

S.O. 1091.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 109/2005) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the Chief

General Manager, BSNL, Chennai & others and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/07/2005-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 109/2005

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Two

Others and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union, RK Srinivas Apptts.

No. 21, Bharathiyar First Street

Pazhavanthangal

Chennai-600114

AND

2420

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

1.

The Chief General Manager

:

2nd Party/1st Respondent

BSNL, Tamil Nadu Circle, Anna Salai

Chennai-600002

2.

The General Manager, BSNL

:

2nd Party/2nd Respondent

Market Committee Building, Tollgate

Vellore

3.

The Chairman & Managing Director

:

2nd Party/3rd Respondent

Statesman House

New Delhi-110001

Appearance :

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri P. Srinivasan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/7/2005-IR (DU)

dated 26.09.2005 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of Telecom Department, BSNL, Chennai in non-

regularizing/absorbing the services of Sri A. Dass and 23 Others, contract labourers is legal and justified and

if not, to what relief the workmen/contract labourers are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 109/2005 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The Petitioner is a registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The employees concerned in the dispute are doing Telegraph Work under the Respondents. The

employees are working through the alleged Contractor. Even though the Contractors changed often these employees

continued to work for the Respondents. The nature of duties performed by the employees are the same as carried

out by the permanent employees of the Telecom Department. The work done by them is perennial in nature. The

alleged contractors in most of the cases are one of the employees of the Respondents. The concerned

employees cannot be treated as contract labourer. The overall control of the employees was with the Telecom

Department. The so-called contract labour system is only camouflage. There are sanctioned posts for regularizing the

employees concerned in the case. The Respondent establishment is one that comes under Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to Workman) Act. All the employees have completed 480 days of

service in a period of 24 calendar months. They are entitled to be made permanent. An Award may be passed holding

that the workmen are entitled to absorption in the service of the Respondents from the date of their joining service,

together with continuity of service and attendant benefits.

4.

The Respondent have filed Counter Statement contending as below:

The petitioner is not concerned with the persons on whose behalf the dispute is raised. The BSNL Union is not

expected to take up the cause of those who are not members of the Union or are employees of the Department of

Telecom or BSNL. The BSNL is not precluded from engaging Contractors to get certain items of work done. The

Respondents are not responsible for the workers engaged by the Contractors. The work is extracted through the

Contractors on work contract basis. The contentions in the Claim Statement are denied. The petitioner is not entitled to

any relief.

5.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W5. No documents were marked on the Respondent’s side

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

II

(ii)

2421

The Point

7.

The petitioner has raised the dispute on behalf of 24 workmen whose names and other details are given in the

annexure to the Schedule of reference. The annexure describes 24 persons as those doing Cable Line Work in Vellore

SSA. As seen from the annexure they have started to work in the establishment on different dates in the years between

1995 to 1999. It is the case of the petitioner that all these workmen were continuously working in the establishment

and they have completed 480 days of work during 12 calendar months. It is the further case of the petitioner that though

the workmen are said to be working under the Contractors, the so-called contract system is sham and is only a

camouflage. According to the petitioner, the so-called Contractors are employees of the Respondents themselves.

8.

One of the concerned workman has been examined as WW1. He has filed Proof Affidavit in lieu of Chief

Examination. Though there are 24 workmen including him in the annexure to the schedule of reference he has

named only 10 of them in the Proof Affidavit. He has stated in the affidavit that the affidavit is on behalf of himself and

the remaining 9 workers named in the affidavit and not in respect of other workmen name d in the Schedule of

reference. He has stated that all the 10 workmen including himself are doing Cable Joining work at Vellore, Ranipet,

SIPCOT, Ranipet, etc. He has stated that the contention of the Respondents that all of them are contract labourers is

not correct. He has further sated that himself and others are getting salary from a Telecom Mechanic who is a

permanent employee of the Department. This Mechanic used to give directions and instructions regarding the work.

They were being supervised by the said official only. Earlier before BSNL came into existence they were working in

the Department of Telecom and their work was supervised by the Junior Telecom Officer and Telecom Mechanics.

According to him they were employed ever since 1999. He has given the names of the officials who are said to have

extracted work from the concerned workmen also. During cross-examination WW1 has stated that does not know on

which date the other 9 workmen have started to work with the Respondents.

9.

Though WW1 has stated that he is giving evidence on behalf of himself and other 9 workmen, he has produced

documents pertaining to two more workmen only, apart from himself. Ext.W4 is in respect of one Pasupathy who is

named by WW1 in his affidavit. This contains work orders for the period from 10.01.2006 to 30.05.2007. Apparently,

this pertains to the period after the dispute was raised. No documents are available to show that Pasupathy was working

for the Respondents before the dispute was raised. The concerned workman has not come forward to give evidence to

establish his case. So there is no evidence available to show that he worked for the establishment before the dispute was

raised. So the claim in respect of Pasupathy is to be rejected.

10.

Ext.W5 contains work orders in respect of Pitchandi who is also named by WW1 in his affidavit. However, the

reason given for rejecting the case of Pasupathy exists in respect of this document also. The work orders are of the

period from 08.08.2012 to 30.07.2014. There is nothing to show that this workman had been there in the establishment

before the dispute was raised. Even assuming he was there, there is no evidence as to when he had started to work,

what was the nature of work done by him, etc. So the claim in respect of this workman also has to be rejected.

11.

So far as the other workmen named by WW1 are concerned, evidence is totally lacking. There is not even a

piece of paper to show that they were in the establishment prior to the raising of the dispute or were there even after

that.

12.

Ext.W1 to Ext.W3 are said to be documents in respect of WW1 himself. Ext.W1 is said to be work sheet

regarding the number of days worked by WW1. However, this will not serve any purpose as the name of the concerned

person is not available in the document. There is a signature purported to be that of WW1 at the bottom of this

document. This shows the number of days worked in the years 1999 to 2003. But it is written in plain paper and has no

seal or anything else to identify it with the Respondents and cannot be relied upon. Ext.W2 is said to be a statement

showing the work carried out by WW1 with his signature and countersigned by the Supervisor. It starts from

09.05.1999 and is available up to 01.05.2003. This too has no authenticity and cannot be relied upon as in the case of

Ext.W1. Ext.W3 contains Material Requisition Slips which are genuine. However, these are mostly of the period after

2006 and are not relevant for the purpose of the dispute except to show that WW1 had been continuing to work for the

Respondents even after the dispute was raised. Thus, the only documents available to show that WW1 was working for

the Respondents before the dispute was raised are the Ext.W1 and Ext.W2 which cannot be relied upon. In Ext.W1

itself WW1 is referred to as contract labour. Even assuming that WW1 had worked for more than 480 days before the

dispute was raised, this shows him to be under the Contractor in which case the benefit of the Tamil Nadu Act for

permanency would not be available to him at all.

13.

The contention that is advanced is that contract system under which the workmen were working is sham.

However, material is not produced to justify this contention. The petitioner had raised the dispute in 2004. There is no

evidence to show that WW1 was working for the establishment for years together and the Respondent establishment

had been utilizing his work under the guise of contract system for a very long time continuously. So in any case his

claim for absorption or regularization on the basis that the contract system through which he is working is a sham also

could not be accepted. The petitioner is not entitled to any relief.

2422

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

In view of the discussion above, the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri. S. Manoharan

For the 2nd Party/Respondents

:

MW11, Sri. R. Munirathanam

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Work sheet for number of days worked by S. Manoharan for the period years 1999

to 2003

Ext.W2

-

Statement showing the works carried on S. Manoharan and counter signed by the

supervisor for the period 09.05.1999 to 31.05.2003

Ext.W3

-

Material Requisition slip dated 05.07.2003 and 09.07.2003

Ext.W4

-

Work order for the period 11.01.2006 to 30.05.2007 4in respect of A. Pasupathy

Ext.W5

-

Work order for the period 08.08.2012 to 30.07.2014in respect of K.Pitchandi

On the Management’s side

Ext.No.

Date

Description

Nil

—

New Delhi, the 17th April, 2017

S.O. 1092.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 320/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, Telecom, BSNL, Trichy and others and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40011/11/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 320/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Two

Others and their workman)

II

(ii)

2423

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The General Manager

:

2nd Party/1st Respondent

BSNL Trichy

2.

The Chairman & Managing Director

:

2nd Party/2nd Respondent

BSNL, Sanchar Bhawan

New Delhi-110001

3.

The Chief General Manager

:

2nd Party/3rd Respondent

BSNL Tamil Nadu Circle

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/24/2002-IR (DU)

dated 07.01.2003 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the non-absorption of the casual employees as per Annexure as claimed by the BSNL Employees

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

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 320/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a registered trade union. It has a substantial number of permanent workmen working in BSNL

as its members. The workmen concerned in the dispute are working as Telegraph Messengers. They are working

through alleged Contractor. Even though the contract is changed often, the employees continue to be the same. They

are doing the very same work which is carried out by the permanent employees of the Respondent. The work done by

the concerned workmen are integral part of the work of the department. The works performed by them are very

essential. The so-called contract system is a sham one. In most of the case the Contractor does not possess any license

as required under the CLRA Act. The overall control of the concerned workmen remained with the Respondent. In

most case the alleged Contractors are regular staff of the Respondent. There are regular sanctioned post for regularizing

the concerned workmen. The concerned workmen are entitled to be made permanent on completion of 480 days in a

period of 24 calendar months. An order may be passed holding that the workmen are entitled to be absorbed in the

service of the Respondent from the date of their joining the service with continuity of service and other attendant

benefits.

4.

The Respondents have filed Counter Statement contending as below:

The Petitioner Union is not a representative union of BSNL. It has no capacity to represent the staff of the

Respondent or workmen on contract. The workmen for whom relief is claimed are not members of the Petitioner

Union. The petitioner cannot represent those who are not its members. The Trichy Telecom District Area has entered

into contract with some agencies. The Agency has the right to engage any person to complete the work. The work is

supervised by the Agency. The Respondent is paying bills to the Agency only. Contract used to be awarded only for six

months. The details of the workmen given in the Claim Statement are false. Departmental works are entrusted to

approved Contractors and payments are made only to approved Contractors. Payment used to be made not on monthly

basis but on the basis of quantum of work. BSNL has got regular set of staff for carrying out work which are regular in

nature. Works which are temporary in nature are allotted to the Contractors as these are not perennial in nature. The

claim that the concerned workmen are doing the same work as done by the regular employees and the work is perennial

2424

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

in nature are not correct. The contract is entered into for a certain period and the same would expire on the due date.

So the question of the work becoming perennial in nature does not arise. The Respondent is having registration

certificate under CLRA Act and all the Contractors are having license under the Act also. Initially the department has

been paying directly for contingency works. Contract Labour was paid on requirement basis and also pro-rate basis at

the rate of Rs. 1.75 and Rs. 2.50 per telegram for effecting delivery. The above works were of contingent nature and

not permanent. The petitioner is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.W11 and Ext.M1 to Ext.M13.

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The schedule of reference has an annexure with names of 25 workmen. The Petitioner Union has raised the

dispute on behalf of these workmen. The case of the Union is that all these workmen have been working as Telegraph

Messengers, that even if they are working through Contractors the contracts are sham and nominal and they are

entitled to be absorbed in the regular establishment. The annexure to the Schedule of reference has given the date of

joining of each of the concerned workman also. As seen from the annexure they were working in different places under

Trichy SSA.

8.

WW1, Sakthivel, one of the concerned workmen is examined to prove the case. His evidence seems to be on

behalf of all the workmen also. WW2 examined in the case is only the Treasurer of the Petitioner Union and his

evidence is intended only to show that the Petitioner Union has the right to espouse the cause of the concerned

workmen.

9.

The case in the Claim Statement is that the concerned workmen are working through so-called Contractors who

used to be employees of the Department mostly. What is stated in the affidavit is that all the 25 workmen were

employed in Trichy Telecom SSA and were working in places like Trichy, Kulithalai, Srirangam, Theppakulam, etc.

It is further stated that the Department of Telecom had been paying wages by issuing receipt. The wages used to be

paid weekly, fortnightly or sometimes even on monthly basis. It is further stated in the affidavit that all the workmen

have completed 480 days of continuous service in a period of 24 calendar months and the Respondents ought to have

conferred permanent status on them. It is also stated that the so-called Contractors did not appoint them and they do not

know who the Contractors are.

10.

Though the evidence given by WW1 is said to be on behalf of all the concerned workmen, except the statement

in his Proof Affidavit there is no other evidence available in respect of workmen other than Augustine, Balaji and

Swaminathan. None of the documents produced on behalf of the petitioner refer to any of the workmen other than the

above persons. None of those workmen have come forward to establish their case that they have been working in the

establishment for a long time as casual employees or as contract labours and that the work done by them was perennial

in nature, that the contract is sham and they are entitled to be regularized. There is no evidence at all to show that they

have ever worked in the establishment. So the case of the 21 persons other than the four including WW1 already named

could be rejected even at the outset.

11.

Now it is to e seen what is the evidence available regarding the workmen by name Augustine, Balaji and

Swaminathan. Ext.W4 is the bill for payment of wages to contract workers for the month of February 2000 for delivery

of telegrams. Augustine is seen paid Rs. 25/- and Balaji Rs. 235/- for the month. Ext.W5 is another such bill for the

month of March 2000. As per this also payment is seen made to Augustine and Balaji and also Swaminathan, another

workman named in the Schedule of reference, alongwith WW1. Thus the documentary evidence available so far as

Augustine and Balaji are concerned are payment for two consecutive months in the year 2000 and for Swaminathan

payment for just one month. These documents are not at all sufficient to establish the case that these persons were

working continuously with the Respondent to enable them to be absorbed in the service of the Respondent. So the case

on behalf of these three workmen also are to be rejected.

12.

The only workmen that now remains is WW1. It is to be seen what are the documentary evidence available in

respect of this witness. In the Claim Statement the petitioner has stated that all the concerned workmen are working as

Telegraph Messenger and they are under the control of alleged Contractor but mainly the Officers of the Respondent

are controlling them. Payment is stated to have been made by the Respondent. The schedule of reference itself is

whether the claim of the petitioner for absorption of “contract labour” is legal and justified.

13.

The case in respect of WW1 and for that matter regarding all the concerned workmen is that initially they were

working directly under the Respondents. The documents produced on the side of the petitioner would show that this is

true in the case of Sakthivel who is examined as WW1. WW1 has stated that earlier direct payment was made by the

II

(ii)

2425

respondent by ACG-17. Ext.W1 (series) are two such documents showing such payment, one dated 29.01.1990 and the

other dated 19.02.1990. The payee as per these documents is WW1. There is also Ext.W3 which gives the particulars of

the rate of employment and the number of messages delivered by WW1. This gives details of the rate of employment

from 01.12.1996 to 31.12.1986. The document contains the signature of Senior Telegraph Manager in the Telegraph

Office. This would show that WW1 continued to be the direct employee of the Respondents even during 1996. Ext.W2

is a certificate issued by a Senior Telegraph Master-in-Charge stating that WW1 was working in the office from

10.01.1993. Of course, this certificate is not proved through the person who has issued the same. According to the

Respondents, it is issued by a person who is not competent to do so. However, in so far as the genuineness of this

document is not disputed this document bears some weight in establishing the case of WW1 that he was earlier directly

employed by the Respondents.

14.

The position seems to have changed during the year 2000. Ext.W4 and Ext.W5 are statements of February and

March 2000 respectively giving details of the bill for payment of wages to “contract workers” of Central Telegraph

Office, Thiruchirapally. Alongwith other names the name of WW1 also is found in this document. This would

show that the Respondents have started to treat WW1 as contract worker by this time. Ext.W6 is the details showing the

working days of WW1 certified by an Officer of Thiruchirapally. Of course, the name of WW1 is missing from this

document probably because the copies are not properly taken However, the Respondents have not challenged the

evidence of WW1 that this document pertains to him. This shows continuous engagement of WW1 during the year

2000-2001. Ext.W7 is the Attendance Register in respect of WW1 during the year 2000-2001. Ext.W7 is the

Attendance Register respect of WW1 countersigned by the Sub-Divisional Engineer of Central Telegraph Office,

Thiruchirapally. The date of engagement and duty time alongwith the signature of WW1 as well as the Officer-in-

Charge are available in this. This is of the year 2004 and 2005. WW1 has stated during his cross-examination that he is

still working under the Respondents. There is no contra evidence to this evidence also. Thus what is clear from the

documents is that WW1 had been working for the Respondents at least from January 1990 and he is still working for

them.

15.

The case of the petitioner is that the alleged contract system is a sham one. WW1 has stated in his affidavit that

most of the so-called Contractors are one or other regular employee of the Respondent itself. This is stated by the

petitioner as a reason to come to the conclusion that the contract is a sham one. Though such a contention is raised by

the petitioner the Respondents have not produced any contracts entered into by it with the so-called Contractors. The

only one contract produced by the Respondents is Ext.M9 dated 13.02.1998. However, this is for erection and

dismantlement of lines and wires of Trichy SSA. As seen from the documents produced on behalf of the petitioner

WW1 was working as Telegraph Messenger during 1998 and also subsequently. There would not have been any

difficulty for the Respondents to produce the relevant agreements, if any entered into with the so-called Contractor by

which WW1 was also engaged. However, such agreements are not produced. So there is sufficient indication to show

that even if WW1 is described as a contract labour there was no proper agreement regarding the same. MW1 has of

course stated during his examination that department was not bound to retain files and documents after a particular

period. Even if this case is accepted at least those documents immediately prior to the reference should have been

available with the Respondents. They are not expected to destroy the documents even after the time limit, once the

dispute was raised.

16.

It is clear from the evidence of WW1 that he was being engaged throughout as a Telegraph Messenger. He was

doing the same kind of work throughout after he was started to be engaged by the Respondents. The available

documents would show that he was being engaged without any gap. No doubt, documents pertaining to the entire

period are not there. But those documents which are produced are sufficient to show that the engagement must have

been continuous in nature. Otherwise it is unlikely that WW1 is being engaged even now though under the so-called

Contractor.

17.

There is a case for the Respondents that there was ban on engaging casual workers directly after 30.03.1985 as

revealed by Ext.M2 order issued by the Government. According to the Respondents WW1 could not have been

engaged directly after Ext.M2. However, the fact remains that even in the year 1990 WW1 was being paid directly by

the Department. So what is to be assumed is that in spite of the ban casual labourers used to be engaged by the

Respondents. All these are indicative of the fact that the contract if any through which WW1 was engaged after the

year 2000 was only sham and he was under the direct control of the Respondents. The Respondents are those who must

be in possession of the relevant documents regarding the so-called contracts. When there is sufficient evidence on the

side of WW1 to show that he was engaged directly initially the burden shifts on the Respondents to disprove the case

and show that he was actually working under the Contractor and there was no control or supervision by them. In the

absence of any proof the case of WW1 that the contract is sham has to be accepted.

18.

The counsel for the petitioner has referred to the decision of the Apex Court in WORKMEN OF FOOD

CORPORATION OF INDIA VS. FOOD CORPORATION OF INDIA reported in AIR 1985 SC 670 where it was held

that a person who is under direct employment cannot be converted to a contract employee. It was a case where the Food

2426

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Corporation had engaged several workmen directly, but subsequently a Contractor was inducted and these workmen

were brought under him. The dictum was laid down in this context. The petitioner had raised the dispute not long after

the so-called contractual system was brought into effect. Apparently, the Respondents without notice to the concerned

workmen had brought in a contract system which is a pretext. The Apex Court has stated in HUSSAINBHAI VS.

ALATH FACTORY THOZHILALI UNION reported in AIR 1978 SC 1410 that the presence of intermediate

Contractors with whom the workers have immediate or direct relationship excontractu is of no consequence when on

lifting the veil or looking at the conspectus of factors governing employment will discern the naked truth, though

draped in different perfect paper arrangement, that the real employer is the Management and not the immediate

Contractor. In the present case, on removal of the veil it is very much clear that the contract system if any under which

WW1 was working was only sham and nominal and he was really working under the Respondents itself.

19.

There is a contention for the Respondents in the Counter Statement that the Union has no capacity to represent

the contract workmen. MW1, the Divisional Engineer examined on behalf of the Respondents has stated during his

evidence that the casual labourers could not have become members of the Union. Ext.M3 circular is produced to prove

this. He has also stated that the concerned workmen who are not even casual labourers cannot become members of the

Union and for this reason the Union is not o competent to represent them in this dispute also. The petitioner has

examined WW2, the Treasurer of the Union to meet this contention. As seen from the evidence there was earlier 6

Unions among the workmen of the Respondents. However, these Unions got merged with the Petitioner Union. In the

Working Committee Meeting of the Union it was decided to espouse the case of the concerned workmen. The

resolution of the Union is marked as Ext.W10. When such a resolution is taken the Petitioner Union is quite competent

to raise the dispute on behalf of the concerned workmen. So the contention that the Union is not competent to espouse

the cause of the workmen will not hold good.

20.

In view of my discussion above WW1 is entitled to the relief claimed. An Award is passed as below:

The reference is partly allowed.

WW1, Sakthivel shall be deemed to have been absorbed in the service of the Respondents in his then position

with effect from the date on which the dispute was raised. He shall be entitled to wages of a regular employee

from that date. Difference in the wages payable to him shall be paid within two months of the publication of

the Award in the absence of which the amount will carry interest at the rate of 6% per annum from the date of

the Award.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri P. Sakthivel

WW2, Sri K. Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri A. JayaKumar

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

29.01.1990 and

Payment by ACG-17

19.02.1990

Ext.W2

1995

Service Certificate issued by STM-in-Charge, JMC, Trichy to Sakthivel

Ext.W3

01.01.1997

Payment receipt signed by Mohammad Ali, STM, JMC, Trichy to Sakthivel

Ext.W4

29.03.2000

Payment receipt signed by Natarajan, SDE, CTO, Trichy issued to Augustine,

A.S. Balaji and Sakthivel

Ext.W5

March 2000

Payment receipt signed by Natarajan, SDE, CTO, Trichy issued to Saminathan

Ext.W6

01.11.2000 to

Working days of Sakthivel certified by K. Mani, SDE, CTO, Trichy

30.06.2001

Ext.W7

01.11.2004 to

Attendance Register countersigned by J. Devasahayam, SDE, O&M, CTO

Trichy

II

(ii)

2427

Ext.W8

-

Annexure to 2 (k) petition

Ext.W9

-

Bye-Laws of the Union

Ext.W10

30/31st Oct., 2001

Resolution of the Union

Ext.W11

21.03.2006

Lok Sabha Admitted Provisional Started Question Dy. No.

Ext.W12

23.04.1996

Copy of Contract letter from circle Telephone Training Centre

Ext.W13

-

Copies of Available Attendance Registers

Ext.W14

26.04.2002

Copy of Certificate issued to M. Ganesan

Ext.W15

-

Copy of ID Card issued to M. Ganesan

Ext.W16

-

Copy of Entry pass issued to M. Ganesan

Ext.W17

03.07.2007

Copy of letter from Vocational Rehabilitation Centre for Handicapped to the

Chief General Manager, BSNL, Circle Office, Chennai-2

Ext.W18

-

Copy of ID Card issued to Smt. Deivanayaki

On the Management’s side

Ext.No.

Date

Description

Ext.M1

22.01.1993

Copy of Chief General Manager, Telecom, T.N. Circle, Madras-2 letter

No. SR/1-23/92 dated 22.01.1993 regarding eligibility of temporary mazdoors

and DRMs for becoming members/office bearers of Staff Unions, Copy of DoT,

New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed to CGM,

Calcutta Phones and endorsement No. E.1/107/Rlgs/92-93/3 dated TR-1 dated

02.02.1993

Ext.M2

30.03.1985

Office of the Director General Circular No. 270/6/84-STN, New Delhi to all

heads of other administrative officers, telecom regarding engagement of casual

labour

Ext.M3

25.07.1989

Government of India, Ministry of Communications, Department of Telecom

letter no. 10-43/89-SRT to The Chief General Manager, Telecommunications,

Tamil Nadu Circle, Madras-2 regarding eligibility of casual labour to become

office bearers of the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

-

Copy of the agreement entered into between BSNL and M/s. Kalimar

Constructions.

Ext.M10

25.09.1996

Regn. No. R-II/8/95-D3 regarding copy of the document for registering BSNL as

Principal Employer under CLRA Act.

Ext.M11

22.06.1995

Copy of the Notification No. 269-26/90-STN of prescribed procedure to be

followed by the Department in the appointment of Group “D” employees

category.

Ext.M12

30.08.2002

Copy of the Model Bill prepared for the Contractor.

Ext.M13

22.07.2002

Copy of the license given by Contractor M/s. Tamil Nadu Ex-Servicemen

Corporation for 2004 and M/s. First Man Security Service for the year 2002

2428

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

I

New Delhi, the 17th April, 2017

S.O. 1093.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1,

Dhanbad (Ref. No. 42 of 1992) 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 17.04.2017.

[No. L-20012/101/1991-IR (C-I)]

M. K. SINGH , Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 42 of 1992

Employer in relation to the management of Koyla Bhawan 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 D. Mukherjee, Advocate

Industry : Coal

Dated 21/03/2017

AWARD

By order no. L- 20012 /101/1991 /IR (C-I) dated Nil, 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 demand of Gramin Vikash Shramik Sangh for treating Shri Hemlal Mahto and 1750

others workers as employers of M/S Bharat Coking Coal Ltd. And payment to them wages at the

rate-fixed under National Coal wages Agreement is justified? If so, to what relief they are entitled?”

Annexure

List of workman

BARAKAR NADI KE LAYAKDIH BALU GHAT KHADAN/BALU SHARIMIK KI SUCHI

M/S. BHARAT COCKING COAL LIMITED : THIKEDAR M/S. M. L. SHARMA

Sl. No

Name of

workman

Father’s name

Address

Post

1

Hemlal Mahato

Gunu Lal Mahato

Palobera, Chepkia

Sardar

2

Nayan Soren

Kupu Soren

Koriya

Loader

3

Muneshwar Soren

Lakhi Ram Soren

Koriya

Loader

II

(ii)

2429

4

Hemashwar Tudu

Rifu Tudu

Koriya

Loader

5

Dagar Mahato

Arjun Mahato

Palobera , Chepkia

Loader

6

Magaram

Hembram

Sonaram Hembram

Palobera , Chepkia

Loader

7

Chhotulal Tudu

Jameshwar Tudu

Daldali, Sundar Pahari

Loader

8

Hari Lal Mahato

Shital Mahato

Palobera , Chepkia

Loader

9

Basudeo Mahato

Tularam Mahato

Palobera , Chepkia

Loader

10

Bagi Hembram

Bana Hembram

Palobera , Chepkia

Loader

11

Debasis Karmakar

Durgapada Karamkar

Kalisen, Bankura

Loader

12

Maguram

Chakrabortty

Dhirendra Nath

Chakrabortty

Bagatbari, Puruliya

Loader

13

Debases

Choudhury

Kripasindhu Choudhury

Badra ., Bankura

Loader

14

Manik Chatterjee

Narayan Chatterjee

Talajuri , Purulia

Loader

15

Panchanand

Mahato

Motilal Mahato

Manjhi Ladia, Biraj Pur

Loader

16

Puran Chand

Mahato

Chandramohan Mahato

Madhu Gora, Birajpur

Loader

17

Sahadeo Mahato

Jagan Mahato

Palobera , Chepkia

Loader

18

Shishir Karmakar

Budhan Karmakar

Khgra, Bankura

Loader

19

Budhadev

Chakrabortty

Kamakhya Chakrabortty

Bikrampur ., Bankura

Loader

20

Debabrata

Choudhary

Kripasindhu Choudhary

Badra, Bankura

Loader

21

Samir Acharjee

Kalipada Acharjee

Dhatla, Puruliya

Loader

22

Sajal Niogi

Dilip Kumar Niogi

Agarda, Bankura

Loader

23

Chakradhar Ahato

Chandra Mohan Mahato

Madhugora, Birajpur

Loader

24

Ujjal Niogi

Laxmikant Noigi

Agarda, Bankura

Loader

25

Parsuram Mahato

Chandra Mohan Mahato

Madhugora, Birajpur

Loader

26

Hari Ram Mahato

Dhaniram Mahato

Palobera , Chepkia

Loader

27

Samir Choudhury

Manbodh Choudhury

Talajuri, Puruliya

Loader

28

Ardhendu Mandal

Sasadhar Mandal

Rampur, Puruliya

Loader

29

Mahadev

Chakrabortty

Swapan Chakrabortty

Bikrampur, Bankura

Loader

30

Sidharth

Chakrabortty

Kamakhya Chakarbortty

Bikrampur, Bankura

Loader

31

Gopal Mahato

Thanu Mahato

Manjhiladih, Birajpur

Loader

32

Nilambar Mahato

Dhaniram Mahato

Palobera, Chepkiya

Lodder

33

Fago Ram

Mahato

Dilu Mahato

Palobera, Chepkiya

Loader

34

Mahadeo Mahato

Jagan Mahato

Palobera, Chepkiya

Loader

35

Parth Sarthi Niogi

Ganesh Ch. Niogi

Agarda, Bankura

Loader

36

Dhrubolochan

Niogi

Ganesh Ch. Niogi

Agarda, Bankura

Loader

37

Jayant Karmakar

Shankar Karmakar

Lal Bazaar, Bankura

Loader

38

Madhu Sudhan

Mukherjee

Mahadev Mukherjee

Bikrampur, Bankura

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

39

Ranjit Sharkar

Rakhohari Sharkar

Sabalpur, Dhanbad

Loader

40

Sanjit Sharkar

Rakhohari Sharkar

Brindaban Coloney, , Dhanbad

Loader

41

Suresh

Chourasiya

Siyaram Chourasiya

Akhtiyarpur, Dhanbad

Loader

42

Faiyaz Ahmad

Wahid Hussian

Simlabahal, Dhanbad

Loader

43

Dilip Kumar

Sinha

Ramowtar Prasad Sinha

Bararee Coke Plant, Dhanbad

Loader

44

Bhubneshwar

Mahato

Pancho Mahato

Manjiladih Birajpur, Dhanbad

Loader

45

Sadan Kumar

Paswan

Prakash Paswan

Naya-Dhoura, Kustore, Dhanbad

Loader

46

Ejaz Ahamad

Wahid Hussian

Simlabhal, Dhanbad

Loader

M/S :- D.P SHARMA TRANSPORT

1

Satan Hembram

Henand Hembram

Jargudih, Dhanbad

Sardar

2

Narendra

Hembram

Madan Hembram

Jargudih, Dhanbad

Loder

3

Ranjit Kumar

Paswan

Debendra Paswan

Quil Basti, Lakhisarai

Loader

4

Nasim Ansari

Nor Mohamad

Shiv Danga Burdawan

Loader

5

Dipak Kumar

Sinha

Mahendra Prasad

Bararee Coke Plant, Dhanbad

Loader

6

Jajdish Paramanik

Prabhas Pramanik

Sri Rampur, Puruliya

Loader

7

Maheshwar

Ravidas

Manu Ravidas

Sri Rampur, Puruliya

Loader

8

Dinabandhu

Ravidas

Rameshwar Ravidas

Sri Rampur, Puruliya

Loader

9

Arvind Kumar

Saw

Ram Brichh Saw

Alagdiha, Narchahi, Chatra

Loader

10

Charitra Saw

Nanhoo Saw

Suratpur Pipra, Chatra

Loader

11

Surendra Kumar

Saw

Nanhoo Saw

Suratpur Pipra, Chatra

Loader

12

Kausal Kumar

Saw

Prabhu Saw

Pakariya, Chatra

Loader

13

Sakaldeo Saw

Beni Saw

Alagdiha, Narchahi, Chatra

Loader

14

Sanjoy

Vishwakarma

Ram Pd.Vishwakarma

Baramuri, Dhanbad

Loader

15

Pawan Kumar

Rajendra Vishwakarma

Roha, Nawada

Loader

16

Ajoy Kumar Ram

Kailash Ram

Babachak, Chatra

Loader

17

Umesh Kumar

Paswan

Dasrath Paswan

Prakhand, Campus, Jhariya

Loader

18

Salauddin Ansari

Abdul Sattar

Tikiya Para Dhanbad

Loader

19

Md. Hasim

Md. Haqim Mia

I.G. Colony, Burdwan

Loader

20

Binod Bihari

Mahato

Bajnath Mahato

Dumarjore, Benagaria

Loader

21

Pradip Kumar

Lato Saw

Singh rawan, Hazaribagh

Loader

II

(ii)

2431

22

Santosh Kr. Gupta

Hiralal Saw

Khapriyama, Hazaribag

Loader

23

Ranjan Kumar

Saw

Rambrichh Saw

Alakdiha, Chatra

Loader

24

Papu Turi

Badri Turi

Jharia, Dhanbad

Loader

M/S :- BADALWALA TRANSPORT, PUTKI BAZAR, KUSUNDA, DHANDAD

1

Bhut Nath Mahato

Sudhir Mahato

Pandura, Bejra

Sardar

2

Shisir Karamkar

Budhan Karamkar

Khagra, Shyampur

Loader

3

Prakash Saw

Sadhu Saw

Pandua, Bejra

Loader

4

Budhu Mahato

Nunu Mahato

Pandua, Bejra

Loader

5

Gauari Mahato

Nayan Mahato

Pandua, Bejra

Loader

6

Mantu Dhibar

Kokil Dhiba

Pandua, Bejra

Loader

7

Rampado Mahato

Bhuban Mahato

Pandua, Bejra

Loader

8

Tinkari Mahato

Kuhela Mahato

Pandua, Bejra

Loader

9

Madhu Mahato

Patu Mahatoa

Pandua, Bejra

Loader

10

Godal Dhibar

Kokil Dhibar

Pandua, Bejra

Loader

11

Bhim Karmakar

Prasad Karmakar

Talajuri, Gorangdih

Loader

12

Haldhar Mahato

Shantu Mahato

Talajuri, Gorangdih

Loader

13

Dingla Mahato

Kashi Mahato

Talajuri, Gorangdih

Loader

SHARMA TRANSPORT

1

Antim Dutta

Tarapada Dutta

Kariya, Bokaro

Loader

2

Satendra Kumar

Singh

Aviram Pd. Singh

Imadpur, Vashali

Loader

3

Anurag

Aviram Pd. Singh

Imadpur, Vashali

Loader

4

Mukesh Kumar

Singh

Upendra Pd. Singh

Singer Phulkanha Muzaffarpur

Loader

5

Santosh Kumar

Rambalak Roy

Shyampur, Vashali

Loader

6

Rajesh Kumar

Singh

Hari Prasad Singh

Balchi, Saharsa

Loader

7

Raman Prasad

Singh

Hari Prasad Singh

Balchi, Saharsa

Loader

8

Sambhu Kumar

Singh

Raj Kumar Singh

Kishunpur, Madhuban, Muzuffarpur

Loader

9

Jhari Prasad

Mahato

Palu Ram Mahato

Bagdaha, Rajgang

Loader

M/S UNITED TRANSPORT CO. PATHARDIH, DHANBAD

1

Umesh Saw

Sadhu Saw

Pandua, Bejra

Sardar

2

Bipin Gupta

Bajrang Prasad

Karkend Bazaar, Dhanbad

Loader

3

Phudulal Tudu

Budhu Tudu

Pandua, Bejra

Loader

4

Pankaj Kumar

Singh

Mukteshwar Pd. Singh

Imadpur, Vashali

Loader

5

Pintu Kumar Singh

Gajendra Singh

Kisunpur L Muzaffarpur

Loader

2432

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

6

Amit Singh

Gajendra Singh

Kisunpur L Muzaffarpur

Loader

7

Sanjoy Kumar

Singh

Bhola Singh

Basantpur, Muzaffarpur

Loader

8

Akhlesh Kumar

Singh

Bhola Singh

Basantpur, Muzaffarpur

Loader

9

Chandan Kumar

Singh

Bineshwar Pd. Singh

Sanghopatti, Muzaffarpur

Loader

10

Manoj Kumar Singh Kedar Singh

Kisunpur L Muzaffarpur

Loader

11

Kundan Kumar

Singh

Dineshwar Prasad

Singh

Sanghopatti, Muzaffarpur

Loader

12

Kaushal Kumar

Singh

Nand Keshari Singh

Fulberia, Vaisali

Loader

13

Asarfi Roy

Jagdeo Roy

Rusulpur Gangti, Vaisali

Loader

14

Krishnandan Singh

Shib Kumar Singh

Kkishunpur Madhuban, Mazaffarpur

Loader

15

Nayun Ansari

Samsul Haq

Bhagabandh, Dhanbad

Loader

16

Ashim Chatterjee

Hiralal Chatterjee

Mohal, Bokaro

Loader

17

Budhadeo Roy

Mansaram Roy

Metala, Bankura

Loader

18

Ramdeo Prasad

Baleshwar Turi

Jamadova 8no., Dhanbad

Loader

19

Akash Kumar Singh Ramlal Singh

Brajadash, Dadpur, Chatra

Loader

20

Bhagwan Jha

Mahendra Jha

Karnapura, , Dhanbad

Loader

21

Bhola Nisad

Rameshwar Mallah

M O.C.P Tisra, Dhanbad

Loader

22

Ranbir Kumar Lala

Indu Lala

Ground Floor K, Dhanbad

Loader

23

Nimai Chand

Mandal

Sudhir Mandal

Tumadaha, Dhanbad

Loader

24

Birindra Nishad

Rameshwar Mallah

M O.C.P Tisra, Dhanbad

Loader

25

Sanjay Nisad

Bishu Nisad

Gutushai, Singh bhum

Loader

26

Md. Kabir Ansari

Md. Yakub Ansari

Dabar, Puruliya

Loader

27

Md. Arif Ansari

Md. Haziabdul Shek

Loyar Beniasole, Adra Puruliya

Loadar

28

Suriya Kant Kumar

Balendra Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

29

Niranja Kumar

Singh

Nagendra Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

30

Suman Kumar

Ram Kishore Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

31

Bhola Kumar

Surendra Pd. Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

32

Dipak Kumar

Kamaldeo Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

33

Santosh Kumar

Singh

Chandeshwar Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

34

Chandra Kishore

Singh

Sheo chandra Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

M/S JANPAL TRANSPORT

1

Pradip Kumar Dan

Kalipada Dan

Meranbapand,

Loader

2

Samir Deogharia

Ashotosh Deoghariya

Bagatbari, Puruliya

Loader

3

Manish Kumar

Sinha

Dayanand Prasad

Baruapa, Jamui

Loader

4

Ashok Kumar

Mandal

Girish Chand Mandal

Damodarpur, Dhanbad

Loader

5

Jay Ram Sharma

Binay Kumar Sharma

Indpur, Bankura

Loader

II

(ii)

2433

6

S.K.Rabiulla

S.K.Rahulla

Kethardanga, Bankura

Loader

7

Ajay Kumar

Sakaldeo Singh

Astpur, Satpura, Vaisali

Loader

8

Rupesh Kumar

Singh

Upendar Pd. Singh

Sringarfulkahan, Muzaffarpur

Loader

9

Kartik Shit

Nepal Shit

Sanabandh, Bankura

Loader

10

Binod Kumar

K .D. Singh

Kustore 10.No ., Dhanbad

Loader

11

Naresh Thakur

Jagmohan Thakur

Kendua, Hindi Bhawan, Dhanbad

Loader

12

Ravi Mukherjee

Dhananjay Mukherjee

Chitrama, Puruliya

Loader

13

Randhir Kunar

Singh

Kapildeo Singh

Harpur, Kasturi, Vaisali

Loader

14

Pankaj Kumar

Singh

Rambalak Singh

Basantpur, Jhitkanhi, Muzaffarpur

Loader

15

HaribanshSingh

Rambrichh Singh

Kishun Pur Madhuban, Muzaffarpur

Loader

16

Chandra Sekhar

Singh

RajKumar Singh

Dumaribaji Pur, Madhuban,

Muzaffarpur

Loader

17

Shyam Kishore

Singh

Dipnarayan Singh

Khirkhanuya, Baishali

Loader

18

Lalbahadur Singh

Dineshwar Singh

Asgaranpur, Vaisali

Loader

19

Rabindra Kumar

Singh

Rambalak Singh

Basantpur, Jhitkanhi, Muzaffarpur

Loader

20

Rahul Kumar Ram

Kedar Ram

Liledih, Giridih

Loader

21

Sujit Kumar Ram

Janardhan Pd. Yadav

Hisdihmara, Munger

Loader

22

Sanjay Das

Kamal Das

Hirapur Hari Mandir, Dha.

Loader

23

Indrajit Kumar

Biren Ram

Kishunpur, Hazaribagh

Loader

24

Rajesh Kumar

Tejnarayan Yadav

Gabrikundi, Bagriya

Loader

25

Rajesh Kumar

Prabhu Mandal

Nandlal Pur, Munger

Loader

26

Suresh Yadav

Fagu Yadav

Jangi, Koderma

Loader

27

Bhuneshwar Yadav

Horil Yadav

Chandawara, Koderma

Loder

28

Dharambir Paswan

Bahadur Paswan

Kalisthan, Malahi, Patna

Loader

29

Dinesh Paswan

Bandhu Paswan

Sirti, Damodih, Hazaribagh

Loader

30

Manoj Kumar Singh Bhuneshwar Singh

Sirmatpur, Chatra

Loader

31

Dilip Kumar Singh

Bhuneshwar Singh

Sirmatpur, Chatra

Loader

32

Raju Rawani

Mantu Rawani

Sirmatpur, Chatra

Loader

33

Raju Paswan

Haro Paswan

Rangamati Giridih

Loader

34

Jitendra Kumar

Paswan

Haro Paswan

Rangamati Giridih

Loader

35

Manoj Paswan

Haro Paswan

Rangamati Giridih

Loader

36

Shankar Singh

Yamuna Singh

Kacchi Balihari, Dhanbad

Loader

37

Hafiz Ansari

Iyaqub Ansari

Dabar, Puruliya

Loader

38

Dineshwar Pd.

Chaurasia

Brahmdeo Pd.

Chourasia

Baligudari Bazaar, Balia

Loader

39

Naresh Yadav

Radho Yadav

Saliyakala, Gaya

Loader

40

Anil Kumar

Radho Yadav

Saliyakala, Gaya

Loader

41

Shambhu Pd. Yadav

Thakuri Pd. Yadav

Sonbigha, Gaya

Loader

42

Bijay Kumar

Gakhul Rawani

Lathatand, Rajgang, Dhanbad

Loader

2434

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

43

Amarender

Kr.Sinha

Kailash Prasad

G.N.Collony, Dhanbad

Loader

44

Arjun Kewat

Kalpu Kewat

Kapur Ram Nagar, Jonpur

Loader

45

Nakul Kewat

Kalpu Kewat

Kapur Ram Nagar, Jonpur

Loader

46

Balmukund Kumar

Lakhan Das

Chhatihara, Sekhpura

Loader

47

Mantu Kanjilal

Saktipada Kanjilal

Saltore, Purulia

Loader

48

Murari Saw

Indu Saw

Alakhdiha, Chatra

Loader

1

Mukhlal Mahato

Gunulal Mahato

Palobera,

Sardar

2

Basudeo Mahato

Tuluram Mahato

Palobera,

Loader

3

Gopal Mahato

Sital Pd. Mahato

Palobera,

Loader

4

Sahadeo Singh

Gurudyal Singh

Koriya

Loader

5

Arjun Mahato

Matru Prasad Mahato

Palobera,

Loader

6

Ganesh Mahato

Dhadu Mahato

Palobera,

Loader

7

Sahadeo Mahato

Matru Mahato

Palobera,

Loader

8

Naresh Chourasia

Siya Ram Chourasia

Akhtiyarpur

Loader

9

Pankaj Thakkar

INdu Thakkar

Matkuria, Dhanbad

Loader

10

Hari Shankar

Mahato

Hublal Mahato

Agarda,

Loader

11

Gopal Hansda

Anand Lal Hansda

Hatbara

Loader

12

Santosh Kumar

Bijay Kumar

Kustore 10.No., Dhanbad

Loader

13

Jitendra Kumar

Pandey

Basudeo Pandey

Bara Pandeydih, Dhanbad

Loader

14

Sita Ram Pandey

Kesheb Ch. Pandey

Bara Pandeydih, Dhanbad

Loader

15

Subhash Kumar

Pandey

Anirudh Pandey

Pandeydih, Giridih

Loader

16

Abir Pandey

Amal Pandey

Harina, Medinipur

Loader

17

Tribeni Pandey

Maharaj Pandey

Harla, Giridih

Loader

18

Aghori Mahato

Shib Dayal Mahato

Palobera

Loader

19

Gopal Krishna

Pandey

Rameshwar Pandey

Kishgo, Giridih

Loader

20

Ganga Dhar Pandey

Dwarika Pandey

Markacho, Koderma

Loader

21

Laxmi Debya

Bhuneshwar Pandey

Bara Pandeydih, Dhanbad

Loader

22

Krishna Murari

Pandey

Rameshwar Pandey

Bakargang, Giridih

Loader

23

Shambhu Saran

Pandey

Rameshwar Pandey

Kishgo, Bakargang, Girdi

Loader

24

Shamant Kr. Pandey

Shankar Pandey

Banaso, Hazaribagh

Loader

25

Palash Kr. Pandey

Ashit Kr. Pandey

Harana, Medenipur

Loader

26

Janardan Pandey

Harihar Pandey

Giridih

Loader

27

Budhu Marandi

Papar Marandi

Koriya

Loader

28

Anil Kumar Pandey

Brij kishore Pandey

Choudharydih, Giridih

Loader

29

Pankaj Pandey

Gangadhar Pandey

Manjihaladih, Giridih

Loader

30

Ranjit Kumar

Pandey

Shreekant Pandey

Atka, Giridih

Loader

II

(ii)

2435

LAYAKDIH GHAT SRAMIK,

M/S :- AGARWAL TRANSPORT MOTI NAGAR, SINDRI,

DHANBAD

1

Sudarshan Kr. Saw

Nandlal Mahato

Nawatand, Govindpur,

Sardar

2

Nandlal Mahato

Bholu Mahato

Nawatand, Govindpur,

Loader

3

Kashi Mahato

Bholu Mahato

Nawatand, Govindpur,

Loader

4

Biju Mahato

Hari Mahato

Nawatand, Govindpur,

Loader

5

Nimai Kumhar

Paltan Kumhar

Nawatand, Govindpur,

Loader

6

Golak Kumhar

Ayodha Kumhar

Nawatand, Govindpur,

Loader

7

Awadh Kishore

Kumhar

Anil Kumhar

Nawatand, Govindpur,

Loader

8

Ujjal Pandey

Pankaj Pandey

Nawatand, Govindpur,

Loader

9

Ashok Kumar

Pandey

Manjudan Pandey

Pathalchatra, Katrash, Dhanbad

Loader

10

Sudhir Kumhar

Moti Kumhar

Pandua, Pokhariya

Loader

11

Subhas Kumhar

Kasha Kumhar

Pandua, Pokhariya

Loader

12

Mangal Kumhar

Shambhu Kumhar

Pandua, Pokhariya

Loader

13

Baiju Kumhar

Ram Pd. Kumhar

Pandua, Pokhariya

Loader

14

Ashok Kr. Pandey

Madjudum Pandey

Pathalchatra, Katrash, Dhanbad

Loader

15

Dhiraj Pandey

Basant Pandey

Handadih, Giridih

Loader

16

Dharma Pandey

Basant Pandey

Handadih, Giridih

Loader

17

Puran Mahato

Pandua, Bejra

Loader

18

Raghunath Mahato

Pandua, Bejra

Loader

19

Jhari Mahato

Pandua, Bejra

Loader

20

Sahadeo Mahato

Pandua, Bejra

Loader

21

Meghu Mahato

Pandua, Bejra

Loader

22

Durgalal Mahato

Pandua, Bejra

Loader

23

Mejaram Mahato

Pandua, Bejra

Loader

24

Rampada Mahato

Pandua, Bejra

Loader

25

Bijay Mahato

Pandua, Bejra

Loader

26

Mansaram Mahato

Pandua, Bejra

Loader

27

Mahadeo Mahato

Pandua, Bejra

Loader

28

Jawaharlal Mahato

Pandua, Bejra

Loader

29

Prahallad Mahato

Pandua, Bejra

Loader

30

Goram Mahato

Pandua, Bejra

Loader

31

Pran Mahato

Pandua, Bejra

Loader

32

Rajib Kr. Pandey

Krishna Pandey

Barakar, Burdwan

Loader

LAYAKDIH GHATH SRAMIK

M/S :- BAJRANG TRANSPORT, RANIBAZAR, KATRASH, DHANBAD

1

Gaya Suddin Ansari

Yaqub Ansari

Badludih,

Sardar

2

Ajay Kr. Pandey

Kishun. Pandey

Bakashpura, Dhanbad

Loader

3

Subodh Kr..

Pandey

Mangal Lal Pandey

Bakashpura, Dhanbad

Loader

4

Rajendra Kr.

Anirudh. Pandey

Kishgo, Pandeydih, Giridih

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Pandey

5

Sanjay Pandey

Sadhu Sharan Pndey

Arkhango, Giridih

Loader

6

Rajiv Ranjan

Babulal Singh

Tilangra, Chatra

Loader

7

Ranjit Kumar

Om Prakash. Pandey

Nawadih, Koderma

Loader

8

Abdul Hamid

S .K. Rahman Ali

Manic Para, Medinapur

Loader

9

Harendra Singh

Surendra Singh

Dugdha, Bokaro

Loader

10

Shambhu Saran

Pandey

Rameshwar . Pandey

Tilokari, Koderma

Loader

11

Manranjan . Pandey

Pawan Pandey

Bagatpura, Dhanbad

Loader

12

Basant Kr. Pandey

Rajendra Pandey

Hirapur, Singh daha, Dhanbad

Loader

13

Birendar Pandey

Bhairab . Pandey

Tilaiya, Dhanbad

Loader

14

Binod Kr. Pandey

Harihar . Pandey

Lataki Jamuna, Giridih

Loader

15

Amarjit Kr. Singh

Jageshwar Singh

Jariyabadi, Giridih

Loader

16

Uday Shankar .

Pandey

Chandan . Pandey

Khamudih, Dhanbad

Loader

17

Nageshwar Pandit

Parmeshwar Pandit

Lataki Jamuna, Giridih

Loader

18

Manohar Pandey

Satyanarayan Pandey

Somchanch, Koderma

Loader

19

Tarun Pandey

Samir Pandey

Harana, Dharampur, Midenipur

Loader

20

Goutam Kr. Pandey

Amal Pandey

Harana, Dharampur, Midenipur

Loader

21

Ashit Mahato

Meghar Mahato

Uttar Gahami, Midenipur

Loader

22

Santosh Kumar Lala Shashi Bhushan Lala

Nawagarh, Dhanbad

Loader

23

Jagnu Mahato

Khirodhar Mahato

Molidih, Golagi

Loader

24

Karu Singh

Dillu Singh

Kalhabar, Giridih

Loader

25

Raju Rai

Laxman Rai

Chaita, Gomoh

Loader

26

Sukhdeo Manjhi

Dinu Manjhi

Chaita, Gomoh

Loader

27

Santosh Ray

Ramchandar Ray

Chandkukupi, Palmo, Giridih

Loader

28

Mohan Hansda

Babulal Manjhi

Rangamati, Chandrapura, Bokaro

Loader

29

Bijay Ray

Laxman Ray

Chaita, Gomoh

Loader

30

Rajesh Kr. Kishku

Dinu Manjhi

Chaita, Gomoh

Loader

31

Laxman Paramanik

Kuleshwar Paramanik

Santhaldih, Dhanbad

Loader

32

Dipak Singh

Sarjoo Singh

Rithudih, Bokaro

Loader

33

Pradip Kr. Manjhi

Babulal Manjhi

Rangamati, Bokaro

Loader

34

Manoj Soren

Bhagat Manjhi

Kangatta, Bokaro

Loader

BARMO ASHOK TRANSPORT, KATRASH ROAD, DHANBAD

1

Hemlal Hembram

Kandan Hembram

Khakhara, Dumka

Sardar

2

Arun Soren

Sen Kumar Manjhi

Keshalpur, Dhanbad

Loader

3

Chandra Sekhar

Hembram

Debilal Manjhi

Jhiklopa, Bokaro

Loader

4

Punit Soren

Sen Kumar Manjhi

Keshalpur, Dhanbad

Loader

5

Raj Kumar

Hembram

Khelaram Hembram

Lathatand, Bokaro

Loader

6

Manku Singh

Nemchand Singh

Tuktuka, Giridih

Loader

7

Naresh Singh

Tuktuka, Giridih

Loader

II

(ii)

2437

8

Ramdeo Singh

Shyamlal Singh

Tuktuka, Giridih

Loader

9

Manoj Singh

Hublal Singh

Turio, Bokaro

Loader

10

Bishwanath Mahato

Kesho Ram Mahato

Chaita, Dhanbad

Loader

11

Chandra Sekhar

Hembram

Debilal Manjhi

Kanaritola, Bokaro

Loader

12

Arun Soren

Sen Kumar Manjhi

Keshalpur, Dhanbad

Loader

13

Punit Soren

Sen Kumar Manjhi

Keshalpur, Dhanbad

Loader

14

Om Prakash Singh

Tulshi Singh

Banko, Giridih

Loader

15

Shib Chand Mandal

Gobardhan Mandal

Kheshmi, Dhanbad

Loader

16

Pradip Kumar

Mandal

Gobardhan Mandal

Kheshmi, Dhanbad

Loader

17

Magoram Mandal

Dhanuram Mandal

Kendedih, Dhanbad

Loader

18

Subash Ch. Mandal

Khagendra Nath

Mandal

Tundi, Hirapur, Dhanbad

Loader

19

Vivekananda

Mandal

Gobardhan Mandal

Kheshmi, Dhanbad

Loader

20

Om Prakash Mandal

Gobardhan Mandal

Kheshmi, Dhanbad

Loader

21

Prakash Mandal

Iswar Mandal

Maharukhan, Giridih

Loader

22

Poresh Mandal

Mohan Mandal

Khario, Hariharpur, Dhanbad

Loader

23

Rana Mandal

Barun Mandal

Kajora, Burdwan

Loader

24

Ratnesh Lal Karn

Rajendra Prasad

Bishanpur, Gomoh, Dhanbad

Loader

25

Mahesh Pd. Saw

Mahadeo Mahato

Chainpur, Dhanbad

Loader

26

Ashok Mahato

Mangru Mahato

Kanchanpur, Dhariom Bubni,

Dhanbad

Loader

27

Ghanashyam

Mahato

Raju Mahato

Chhatatand, Dhanbad

Loader

28

Khedu Mahato

Shyam Sundar Mahato

Muraidih, Pochari Dhanbad

Loader

29

Prakash Mahato

Binu Mahato

Gorabali, Bokaro

Loader

30

Hublal Saw

Pachu Mahato

Kalyanpur, Dhanbad

Loader

LAYAKDIH GHATH SRAMIK M/S :- ASHOK TRANSPORT KATRASH ROAD

1

Shankar Hembram

Jarmudih

Sardar

2

Lekhak Kr. Saw

Dinu Mahato

Kalyanpur

Loader

3

Umesh Kr. Saw

Atwari Mahato

Balutenda Kenduadih, Giridih

Loader

4

Raju Das

Fulu Das

Lodhoyadih, Topchachi, Dhanbad

Loader

5

Surendra Mandal

Bhagirathrath Mandal

Chaita, Gomoh, Dhanbad

Loader

6

Mahendra Mandal

Bhagirath Mandal

Chaita, Gomoh, Dhanbad

Loader

7

Rajesh Mandal

Tuplal Mandal

Kako, Dhanbad

Loader

8

Jiwan Tudu

Rati Manjhi

Chaita, Gomoh, Dhanbad

Loader

9

Sukhdeo Tudu

Rati Manjhi

Chaita, Gomoh, Dhanbad

Loader

10

Raju Ray

Laxman Ray

Chaita, Gomoh, Dhanbad

Loader

11

Sukhdeo Manjhi

Dinu Manjhi

Chaita, Gomoh, Dhanbad

Loader

12

Santosh Ray

Ram Chandar Ray

Bandarkupi

Loader

13

Bijay Ray

Laxman Ray

Chaita, Gomoh, Dhanbad

Loader

14

Laxman Paramanik

Kaleshwar Paramanik

Santhaldih, Hariharpur, Dhanbad

Loader

15

Naresh Singh

Nemchand Singh

Tuktuki

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

16

Karu Singh

Dillu Singh

Kalhabar, Giridih

Loader

17

Kishore Ray

Ram Chandar Ray

Bandar Kupi

Loader

18

Mohan Hansda

Babulal Manjhi

Rangamati, Bokaro

Loader

19

Manku Singh

Nem Chand Singh

Tuktuki

Loader

20

Manoj Ray

Hublal Ray

Turiya, Dhanbad

Loader

21

Khemlal Rabidas

Karu Ravidas

Chaita, Gomoh, Dhanbad

Loader

22

Rajesh Kr. Kishku

Dinu Manjhai

Chaita, Gomoh, Dhanbad

Loader

SIJUA GHAT SRAMIK KI SUCHI

Dr. AMBEDKAR SAHAYOG SAMATI LIMITED, HARI LAL GUPTA, BILLING JHARIA

1

Bajlu Mia

Maniruddin Ansari

Sijua, Benagaria, Dhanbad

Sardar

2

Juman Ansari

Panku Ansari

Sijua, Benagaria, Dhanbad

Loader

3

Bishwajeet Sarkhel

Durga Sarkhel

Agarda, Bankura

Loader

4

Uttam Kumar Modi

Diwakar Modi

Brindabanpur, Purulia

Loader

5

Binoy Kumar

Bacchu Yadav

Jangi[Ur, Sekhpura

Loader

6

Arbind Kumar

Jagdish Thakur

Ajhi, Sekhpura

Loader

7

Bharat Ram

Gaya Ram

Ajhi, Sekhpura

Loader

8

Binoy Kr. Rajak

Mushahari Rajak

Kendua, Kathgola, Dhanbad

Loader

9

Indradeo Yadav

Raju Yadav

Mirjagang, Jamui

Loader

10

Adarsh Kr. Pathak

Shaktinath Pathak

Kenduadih Rajputbasti Dhanbad

Loader

11

Sailendra Thakur

Karu Thakur

Ashthama, Sekhpura

Loader

12

Arun Kr. Rajak

Mushari Rajak

Kendua, Kathgola, Dhanbad

Loader

13

Jitendra Kumar

Arjun Prasad

Rahui, Nalanda

Loader

14

Kuleshwar Singh

Shivnandan Singh

Birnama, Nalanda

Loader

15

Iswar Marandi

Sogadih, Benagaria

Sardar

16

Kumar Ajoy

Diwakar

Radhe Prasad

Mehadibigha, Nalandad

Loader

17

Mahendra Ray

Munshi Ray

E .B.Sec Kewra, Dhanbad

Loader

18

Ajay Kumar

Bacchu Yadav

Jangipur, Sekhpura

Loader

19

Dharmendra Kumar

Gopal Yadav

Mehar, Gaya

Loader

20

Dilip Rajak

Bhagwan Rajak

Renguni Phatak, Bhuli, Dhan.

Loader

21

Ravindra Kumar

Shidheshwar Ram

Kuthot, Sekhpura

Loader

22

Ravindar Ram

Ramchandra Ram

Pyor Shitalpur, Burdwan

Loader

23

Mangal Rajak

Babula Rajak

Phulwaribagh, Dhanbad

Loader

24

Mukesh Kr. Mittal

Sajan Kumar Mittal

Kendua Bazar, Dhanbad

Loader

25

Amit Kr. Mittal

Sajan Kumar Mittal

Kendua Bazar, Dhanbad

Loader

26

Krishna kant Kumar

Prasadi Yadav

Chainpur, Gaya

Loader

27

Tezam Ansari

Ramjan Ansari

Sijua, Dhanbad

Sardar

28

Sanjit Kumar

Prasadi Yadav

Chainpur, Gaya

Loader

29

Pratima Devi

Pradip Thakur

Bamuntore, Bankura

Loader

30

Kalawati Devi

Shyam Ch. Chouhan

Shibri, Garwa

Loader

31

Munna Chouhan

Suryadeo Chouhan

Shibri, Garwa

Loader

32

Dulali Devi

Sudhir Das

Sakhoya, Bokaro

Loader

33

Jhumka Devi

Jitu Bhuia

Ranipur, Kulti, Burdwan

Loader

II

(ii)

2439

34

Manoj Kr.

Chourasia

Ram Kripal Chourasia

Udaypur, Samastipur

Loader

35

Binod Chourasia

Ram Kripal Chourasia

Udaypur, Samastipur

Loader

SIJUA GHAT SRAMIK KI SUCHI

SHAKATI MOTOR PARIBAHAN SHAYOG SAMATI LTD, TATA SIJUA, BHELATAND, DHANBAD

1

Aaub Mia

Apsali Mia

Sijua, Benagaria

Sardar

2

Sailesh Kumar

Krishna Singh

New Bishunpur, Dhanbad

Loader

3

Rajib Mandal

Mathur Mandal

Hemchabad, Bankura

Loader

4

Binod Rawani

Bhikhu Rawani

Manaitand, Dhanbad

Loader

5

Ranjit Prasad

Ganesh Prasad

Baro, Giridih

Loader

6

Naresh Kr. Paswan

Baleshwar Paswan

Pathra, Gaya

Loader

7

Shankarlal Nisad

Amrit Nisat

Laxami Coloney, Dhanbad

Loader

8

Somitra Banerjee

Dayamoy Banerjee

Ratibati Chapui, Burdwan

Loader

9

Pradip Thakur

Fatik Thakur

Bamuntor, Bankura

Loader

10

Ramapati Chatterjee

Sanat Kr. Chatterjee

Kubernagar, Nadiya

Loader

11

Hulsah Saw

Nanhu Saw

Suratpur Pipra, Chatra

Loader

12

Durga Prasad Singh

Rameshwar Singh

Deokali, Azamgarah

Loader

13

Ajay Kumar

Paswan

Jitendra Paswan

Pachmi, Gaya

Loader

14

Shitlal Mahato

Ramkishan Mahato

Chanaro, Hazaribagh

Loader

15

Saiyad Md.

Keshwar

Saiyad Md. Yaima

Charhi, Hazaribagh

Loader

M/S RAGHUNATH, MOTOR PARIBAHAN SAHAYOG SAMATI LTD. RAGHUNATH PUR, DHAN

1

Bahadur Mia

Karamat Mia

Sijua, Benagaria

Loader

2

Munaraf Ansari

Punul Ansari

Sijua, Benagaria

Loader

3

Ranjit Kr. Sinha

Kedar Nath Sahay

Asdhirlukum, Hazaribagh

Loader

4

Ajit Kr. Sinha

Kedar Nath Sahay

Asdhirlukum, Hazaribagh

Loader

5

Sumit Kr.Amast

Ramanant Prasad

Charhi, , Hazaribagh

Loader

6

Rohit Kr. Sinha

Ramanant Prasad

Charhi, , Hazaribagh

Loader

7

Sanjoy Sinha

Harish Ch. Prasad

NaginaSingh Road, Giridih

Loader

8

Dilip Kr, Sinha

Suresh Prasad

Uttari Shiv

Loader

9

Rakesh Kr.

Sirvastav

Tribeni Pd. Singh

Pakriya, Bhagalpur

Loader

10

Shyamlal Kishore

Bijay Prasad

Kurman, Godda

Loader

11

Anju Prasad

Chakradhar Prasad

Kurman, Godda

Loader

12

Md. Sahazad

Md. Sahadat

Charhi, Hazaribagh

Loader

13

Ankesh Kumar

Ajay Prasad

Kurman, Godda

Loader

14

Om Kumar Sinha

Ramanand Prasad

Charhi, Hazaribagh

Loader

15

Binod Karmali

Bhatu Karmali

Kedla, Ramgarh

Loader

16

Manjeet Singh

Sraban Singh

Prem Nagar, Hazaribagh

Loader

17

Purnendu Narayan

Mahato

Thanu Mahato

Majhiladih

Loader

18

Jhari Mahato

Jiwan Mahato

Majhiladih

Loader

19

Lalu Mahato

Majhiladih

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

20

Narendra Mahato

Chandra Mohan

Mahato

Madhugora

Loader

21

Mansur Allam

Anul Ansari

Indra, Hazaribagh

Loader

22

Ram Pravesh Yadav

Radharaman Yadav

Amarjori, Deoghar

Loader

M/S NAWAJAGRAN SAHAYOG SAMITI LIMITED, WASEPUR, DHANBAD

1

Chhatu Mia

Jamal Mia

Sijua

Sardar

2

Sanjib Kr. Sinha

Manoranjan Prasad

South Balihari, Dhanbad

Loader

3

Ramashankar Singh

Ram Kumar Singh

Rudranagar, Bhojpur

Loader

4

Uday Shankar

Singh

Bishwanath Singh

Rudranagar, Bhojpur

Loader

5

Ramesh Prasad

Sago Prasad

Susnilewa, Dhanbad

Loader

6

Kishore Ram

Kharakdhari Ram

Bararee Coke Plant, Dhanbad

Loader

7

Bablu Kr. Ravidas

Sango Ravidas

Bani Yahir, Dhanbad

Loader

8

Manoj Kr. Mishra

Ram Hosila Mishra

Barkagaun, Baksar

Loader

9

Zamir Allam

Jahanggir Allam

Ajad Nagar, Bhuli, Dhanbad

Loader

10

Bikash Ch. Dayal

Bhagwan Prasad

Ramsagar Talao, Gaya

Loader

11

Ashok Varma

Anant Lal Varma

Kenduadih, Dhanbad

Loader

12

Arbind Prasad

Ramsewak Prasad

Uchouli, Aurangabad

Loader

13

Hiro Mahato

Paltu Mahato

Chabaro Parbad, Charni, Hazaribagh

Loader

M/S:- SRAMIK MOTOR PARIBAHAN SAHAYOG SAMITI LIMITED, BALIHARI COLLIERY

1

Indramohan Bouri

Fuchiram Bouri

Sijua, Benageriya

Sardar

2

Meghlal Mahato

Nirmal Mahato

Charhi, Hazaribagh

Loader

3

Chhotan Mahato

Pacchu Mahato

Bansdih, Ramgarh

Loader

4

Anand Thakur

Bhuneshwar Thakur

Charhi, Hazaribagh

Loader

5

Dilip Paswan

Jawahar Paswan

Kudra, Patna

Loader

6

Binod Kumar

Yadu Paswan

Palatapura, Nalanda

Loader

7

Raj Kumar Pswan

Mouji Paswan

Kathwara, Jamui

Loader

8

Ravindar Paswan

Mouji Paswan

Kathwara, Jamui

Loader

9

Rajesh Saw

Naresh Pd. Saw

Papro, Hazaribagh

Loader

10

Sandip Thakur

Bhuneshwar Thakur

Charhi, Hazaribagh

Loader

11

Shambhu Pd. Singh

Basudeo Singh

Chanaro Parbadh, Hazaribagh

Loader

12

Pramod Saw

Naresh Pd. Saw

Papro, Hazaribagh

Loader

13

Kanhaiya Kr.

Paswan

Nunulal Paswan

Naya Dhoura Kustore, Dhanbad

Loader

14

Kartik Rajvar

Mahadeo Rajvar

South Balihari Basti, Dhanbad

Loader

15

Jagatlal Patel

Ramraj Patel

Darogapur, Ilahabad

Loader

16 Raj Kumar Yadav

Narayan Yadav

Mahabigha, Gaya

Loader

17

Upendar Kr. Yadav

Ramprasad Yadav

Mahabigha, Gaya

Loader

18

Umesh Prasad

Yadav

Ramchandar Yadav

Nagbar, Gaya

Loader

19

Nitesh Kumar

Raj Kr. Paswan

Pachar, Orangabad

Loader

20

Sarjoo Yadav

Janki Yadav

Maharambigha, Gaya

Loader

21

Prakash Kumar

Kashinath Singh

Badanpyr, Baishali

Loader

22

Gopal Kumar

Kashinath Singh

Badanpyr, Baishali

Loader

II

(ii)

2441

23

Dhiraj Kumar

Bhagwat Prasad

Chitragupta Patra, Patna

Loader

24

Sudhir Kumar

Dwarika Prasad

Bazaar Patti Tola, Muzaffarpur

Loader

25

Lalita Devi

Rampukar Prasad

Darokhap, Hazaribag

Loader

26

Kunal Kumar Saw

Jogendar Prasad

Sonda Basti, Ramgarh

Loader

27

Karan Kumar Sahu

Jogendar Prasad

Sonda Basti, Ramgarh

Loader

28

Satendra Kumar

Koleshwar Sahu

Marar, Ramgarh

Loader

29

Arth Patin

Choudhury

Kanhailal Choudhury

Badra, Bankura

Loader

30

Shaktipada Das

Arjun Das

Rangamati, Purulia

Loader

31

Rupesh Sharma

Mandal Sharma

Kendawa Bazaar

Loader

32

Jitendra Kumar

Ram

Ram Dadan Ram

Sultan Pur, Baliya

Loader

33

Munna Babu Patel

Ram Raj Patel

Darogapur, Ilahabad

Loader

34

Firoz Khan

Rahamat Tulla Khan

Kutumba, Kazi Mohalla, Orangabad

Loader

35

Yogesh Kr. Yadav

Raju Yadav

Mirjajung, Jamui

Loader

36

Dharminder Yadav

Mahesh Yadav

Aksari Bigha, Sekhpura

Loader

37

Bijay Rawani

Gokhol Rawani

Lathatand, Rajgung, Dhanbad

Loader

38

Umesh Prasad

Mahendra Prasad

Alkusha, Kustore, Dhanbad

Loader

39

Birendra Yadav

Srikant Yadav

Gehuri, Gajipur

Loader

40

Sakinder Yadav

Ramratan Yadav

Gehuri, Gajipur

Loader

41

Ram Prabesh Yadav

Jagdish Yadav

Tetriya, Gaya

Loader

42

Ranjeet Rajbhar

Sufer Rajvar

Karmullapur, Gajipur

Loader

43

Dharmendra

Paswan

Yadu Paswan

Palatapura, Nalanda

Loader

44

Niranjan Paswan

Yadu Paswan

Palatapura, Nalanda

Loader

45

Nabin Kr. Ram

Kailash Ram

Banachack, Chatra

Loader

46

Jitendra Mallah

Mathura Mallah

Golakdih, Dhanbad

Loader

47

JitendraKumar

Mallah

Rameshwar Mallah

M .O.C.P.Collony, Dhanbad

Loader

48

Ravindar Kr.

Choudhary

Anjani Kr. Choudhary

R .K. Puram Road 3, Muzaffarpur

Loader

49

Yetendra Kr.

Choudhary

Anjani Kr. Choudhary

R .K. Puram Road 3, Muzaffarpur

Loader

50

Mahesh Prasad

Ram Sahay Mahato

Kunjila, Nawada

Loader

51

Anup Kumar

Mahendra Prasad

Kunjila, Nawada

Loader

52

Bishundeo Yadav

Prasadi Yadav

Choudiha, Jamui

Loader

53

Abdhesh Kr. Patel

Ramraj Patel

Darogapur, Ilahabad

Loader

54

Raj Kr. Yadav

Mouji Yadav

Thammahan, Jamui

Loader

55

Imam Khan

Nazamuddin Khan

Baradih, Rohatash

Loader

56

Saggir Allam

M D. Idrish Ansari

Shimlabahal Basti, Dhanbad

Loader

SHAHID MOTOR PARIBAHAN SAHAYOG SAMATI LIMITED, BALIHARI COLLIERY

1

Nandlal Mahato

Yalu Mahato

Pandua, Bejra

Sardar

2

Asho Mahato

Hariram Mahato

Pokhoriya

Loader

3

Anand Mahato

Manic Mahato

Pokhoriya

Loader

4

Madhu Mahato

Patal ` Mahato

Pokhoriya

Loader

2442

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

5

Karma Mahato

Kundan Mahato

Pokhoriya

Loader

6

Pran Mahato

Anando Mahato

Pokhoriya

Loader

7

Bijoy Mahato

Hari Mahato

Pokhoriya

Loader

8

Jawaharlal Mahato

Nandlal Mahato

Pokhoriya

Loader

9

Rampodo Mahato

Govind Mahato

Pokhoriya

Loader

10

Sahadeo Mahato

Kali Mahato

Pokhoriya

Loader

11

Ayodha Mahato

Kashi Mahato

Pokhoriya

Loader

12

Prahallad Mahato

Kasha Mahato

Pokhoriya

Loader

13

Jagan Tudu

Samra Tudu

Pokhoriya

Sardar

14

Raja Allam

Sahajjad Allam

Sijua Bazaar, Banka

Loader

15

Joy Prakash

Madeshiya

Dasarath Saw

Kenduapul, Dhanbad

Loader

16

Anand Bouri

Rakhal Bouri

Tiltoriya, Dhanbad

Loader

17

Anil Sahu

Radhika Sahu

Bagmundi, Chatra

Loader

18

Baleshwar Yadav

Nanhu Yadav

Kherum, Koderma

Loader

19

Rameshwar Yadav

Budhan Mahato

Jamu, Bokaro

Loader

20

Upendra Yadav

Dukhan Yadav

Mansadih, Giridih

Loader

21

Sikendra Yadav

Bishwanath Yadav

Mansadih, Giridih

Loader

BARAKAR NADI KE SIJUA GHAT SRAMIK KI SUCHI THIKADAR M/S SHIVAM

TRANSPORT, KATRASH ROAD, DHANBAD

1

Lokashan Hembram

Ravidas Hembram

Jurgudih

Sardar

2

Uday Kr. Paswan

Parsadi Paswan

Bastakola, Dhanbad

Loader

3

Suresh Prasad

Sagar Das

Bhuli Nagar, Dhanbad

Loader

4

Birendar Paswan

Sagar Das

Bhuli Nagar, Dhanbad

Loader

5

Sajay Raj Roy

Amar Chandra

Hirapur, Ajanta Para, Dhanbad

Loader

6

Suresh Paswan

Nako Paswan

Gartola, Lakahisarai

Loader

7

Nawin Kr. Ravidas

Khirodhar Rabidas

Silly, Ranchi

Loader

8

Bipin Ch. Jha

Kailash Ch. Jha

Ghanuadih, Dhanbad

Loader

9

Ved Narayan Singh

Uday Narayan Singh

Sihimlabaharcolliery, Dhanbad

Loader

10

Aashit Kumar

Chandra

Khudi Ram Chandra

Kariya, Bokaro

Loader

BHARAT COKING COAL LIMITED

BARAKAR NADI BEJRA GHAT BALI SHARAMIK KI SUCHI,

THIKADAR M/S BAJRANJ TRANSPORT, RANI BAZAR, KATRASH

1

Sudhir Mahato

Guddu Mahato

Pandua, Bejra

Sardar

2

Jata Mahato

Guddu Mahato

Pandua, Bejra

Loader

3

Madan Mahato

Nando Mahato

Pandua, Bejra

Loader

4

Vijay Kr. Chandra

Khudi Ram Chandra

Kariya, Bokaro

Loader

5

Raj Kishore Barma

Om Prakash Varma

Baramasia, Dhansar, Dhanbad

Loader

6

Manoj Kumar

Ram Pd. Yadav

Dhaiya, Dhanbad

Loader

7

Nageswar Yadav

Madan Gope

Ganshadih, Dhanbad

Loader

8

Dasrath Yadav

Chhotelal Yadav

Baddhiha, Koderma

Loader

9

Sudhir Kr. Yadav

Madan Gope

Ganshadih, Dhanbad

Loader

10

Ashwani Kumar

Bisheswar Nararyan

Kerkend Dhanbad

Loader

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2443

Singh

11

Tulshi Yadav

Paro Yadav

Nawada Basti, Koderma

Loader

12

Latho Yadav

Mangar Yadav

Pandey Tola, Koderma

Loader

13

Basudeo Yadav

Boudhi Yadav

Nawada Basti, Koderma

Loader

14

Raju Kr. Varma

Om Prakash Barma

Baramasia, Dhansar, Dhanbad

Loader

15

Ashok Kr. Mishra

Tarani Pd. Mishra

Thakur Kuli, Dhaiya Dhanbad

Loader

16

Pentar Hembram

Hemant Hembram

Bhutgaria, Dhanbad

Loader

17

Ghanshyam Yadav

Panchu Yadav

Bhagabandh, Dhanbad

Loader

18

Suman Kumar

Arjun Prasad

Chitragupt Nagar, Koderma

Loader

19

Shiv Nath Kumar

Bishambhar Yadav

Khoraahar, Hazaribagh

Loader

M/S:- SHARMA TRANSPORT KATRASH ROAD, DHANBAD

1

Kalimuddin Ansari

Mantu Ansari

Pandua Bejra

Sardar

2

Ando Mahato

Bhim Mahato

Pandua Bejra

Loader

3

Nepal Ram

Mahabir Ram

Pandua Bejra

Loader

4

Rajendra Yadav

Banshi Yadav

Harino, Koderma

Loader

5

Laxman Yadav

Banshi Yadav

Harino, Koderma

Loader

6

Manoj Yadav

Nirmal Yadav

Khoraahar, Hazaribagh

Loader

7

Anand Yadav

Doman Yadav

Kalipahari, Jamtara

Loader

8

Mitan Yadav

Lakhan Yadaav

Babudih, Jamtara

Loader

9

Md. Meraj

Abdul Sattar

Chhatabad, Dhanbad

Loader

10

Mithun Yadav

Panchu Yadav

Bhagabandh, Dhanbad

Loader

M/S: ASHOK TRANSPORT COMPANY

1

Paresh Mahato

Bejra, Pokhoriya

Sardar

2

Surendra Yadav

Baleshwar Yadav

Nawada Basti, Koderma

Loader

3

Sanjoy Yadav

Harilal Yadav

Karakhunda, Koderma

Loader

4

Shankar Ram

Chamru Ram

Sindhiya Galli, Giridih

Loader

5

Sunil Kr. Das

Bhagwan Das

Bouragarh, Dhanbad

Sardar

6

Manju Kumara

Babulal Rajwar

Ashubandh Tada, Purulia

Loader

7

Shankar Ram

Babulal Ram

Dhand, Jammui

Loader

8

Md. Kalam

Ishaq Ansari

Bela, Jahanabad

Loader

9

Serajul Haq Kureshi

Anul Haq Kureshi

Shimlabahal Basti, Dhanbad

Loader

10

Sanjay Kumar Ram

Kharakdhari Ram

Bararee Coke, Plant, Dhanbad

Loader

11

Chandrabhushan

Ramjanam Singh

Ganiyari, Muzaffarpur

Loader

12

Hiralal Chourasia

NarSingh Pd.

Chourasia

Bareb, Gaya

Loader

13

Hari Rajbhar

Sufer Rajbhar

Karimullahapur, Gajipur

Loader

14

Pawan Kumar

Yadav

Baleshwar Singh

Yadav

Shermath, Gajipur

Loader

15

Pramod Kumar

Yadav

Rajpati Yadav

Deoli, Kashimabad

Loader

16

Dharmendra

Paswan

Shibalak Paswan

NarSingh Pur, Sekhpura

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

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Bijay Kumar

Shibalak Paswan

NarSingh Pur, Sekhpura

Loader

18

Sajan Paswan

Indradeo Paswan

More, Patna

Sardar

19

Dinanath Paswan

Alakhdeo Pd. Nirala

Belthan, Patna

Loader

20

Nande Paswan

Alakhdeo Pd. Nirala

Belthan, Patna

Loader

21

Binod Kr.Yadav

Ram Rup Yadav

Kendua Bazaar, Dhanbad

Loader

22

Manoj Kr. Ram

Garib Ram

B.N.R. Putkee, Dhanbad

Loader

23

Birendar Yadav

Bhagwati L Yadav

Bankmore, Dhanbad

Loader

24

Chandra Kant Ray

Yamuna Ray

Yamuna

Loader

25

Munna Yadav

Baleshwar Yadav

Nawada Basti, Koderma

Loader

26

Anil Yadav

Baleshwar Yadav

Nawada Basti, Koderma

Loader

BARAKAR NADI DUMA GHAT BALU SHARAMIK KI SUCHI, M/S SHARMA TRANSPORT

1

Bholanath Modak

Kamlakol Modak

Ukma, Dhanbad

Sardar

2

Janeshwar Murmur

Nandeo Murmu

Ukma, Dhanbad

Loader

3

Rinku Kr. Yadav

Kedar Yadav

Doranda, Giridih

Loader

4

Dharmbir Yadav

Sitaram Yadav

Bhuli , Dhanbad

Loader

5

Bittu Ray

Subhas Ray

Bhuli , Dhanbad

Loader

6

Sanjay Gope

Cholo Gope

Barihadih, Hazaribagh

Loader

7

Md. Imran Ansari

Md. Hussian

Shimlabahal I, Dhanbad

Loader

8

Tapan Deogharia

Gobardhan Deogharia

Chhatna, Bankura

Loader

9

Brahmdeo Keshari

Meghlal Mahato

Charhi, Hazaribagh

Loader

10

Anil Kumar Sonkar

Kashinath Sonkar

Manaitand, Dhanbad

Loader

11

Ramdeo Mahato

Meghlal Mahato

Charhi, Hazaribagh

Loader

12

Bijoy Kumar Maji

Lakhan Maji

Rashra, Purulia

Loader

13

Sakaldeo Sharma

Kameshwar Sharma

Chhatihar, Hirsuja

Loader

14

Bharat Kumar

Singh

Dasrath Singh

New H.N.Colloney, Dhanbad

Loader

15

Jay Kishore Singh

Manoj Kumar Singh

Durja Mandap Road, Baramesia,

Dhan.

Loader

16

Dilip Kumar

Bishwanath Singh

H.E.School.Road, Vistipara Dhanbad

Loader

17

Ramji Singh

Dasarath Singh

New H.N.Colloney, Dhanbad

Loader

18

Sunil Kumar

Satyadeo Prasad

Kabristhan Road, Joraphokar

Loader

19

Rakesh Kr. Singh

Brinda Singh

Harinarayan NagarDhanbad

Loader

20

Bhubneshwar

Mandal

Kujar Mandal

Mohanpur, Jamtara

Loader

21

Sudhir Mandal

Sitaram Mandal

Muchiraydih, Jamtara

Loader

22

Thami Yadav

Hiraman Mahato

Mangrodih, Giridih

Loader

M/S:- BHARAT COKING COAL LIMITED

1

Rakesh Kumar

Arjun Pd. Saw

Udaypur, Barawadda, Dhanbad

Loader

2

Dhananjoy

Chourasia

Ram Ch. Chourasia

HarSingh ra, Gaya

Loader

3

Binita Devi

Kishore Kumar

HarSingh ra, Gaya

Loader

4

Pradeep Kr. Mahato

Nandlal Mahato

Nawatand, Govindpur

Loader

5

Himgiri Saw

Rashbihari Saw

Khamarbad, Harladih, Giridih

Loader

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(ii)

2445

6

Hiralal Gorai

Jiwanlal Gorai

Patharkata, Chandankiyari

Loader

7

Naresh Kr. Saw

Laxman Saw

Khamarbad, Giridih

Loader

8

Sanjib Kumar

Rashbihari Saw

Khamarbad, , Giridih

Loader

9

Wakil Kr. Singh

Damodar Singh

Pokharna, Harladih, Giridih

Loader

10

Sabitri Devi

Arjun Pd. Saw

Khamarbad, , Giridih

Loader

11

Dhirendranath Saw

Sukhdeo Mahato

Damumura, Barawadda, Dhanbad

Loader

12

Usman Ansari

Mahabub

Karmagora, BarawaddaDhanbad

Loader

13

Bishnu Singh

Khiru Singh

Bandhkharo, Giridih

Loader

14

Dipak Singh

Sarjoo Singh

Rithudih, Bokaro

Loader

15

Kumar Amit

Kumar Arjun Singh

Loader

16

Nawin Kumar

Janardan Pd. Singh

Loader

17

Amit Kumar

Loader

18

Gyan Prakesh

Sanjib Singh

Loader

19

Sheo Kr. Barma

Bishun Barma

Loader

20

Prabin Kumar

Loader

21

Bhushan Singh

Loader

22

Ritbik Anand

Manoj Kr. Dubey

Loader

23

Ashok Kumar

Loader

24

Papu Kumar

Bishundeo Paswan

Loader

25

Rabindar Kr.

Mishra

Shankar Pd. Mishra

Panchrukhi, Rajganj, Dhanbad

Loader

26

Ranjan Kr. Singh

Rajendra Pd. Singh

Dhanbad

Loader

27

Rajesh Kr. Mishra

R .L. Mishra

Dhanbad

Loader

BHARAT COKING COAL LIMITED

BARAKAR NADI PALOBERA GHAT, BALU SHARIMAK KI SUCHI

M/S:- SHARMA TRANSPORT COMPONY, KATRAS ROAD, DHANBAD

1

Babulal Mandal

Kartik Mandal

Ghosaldih

Sardar

2

Durjan Mahato

Moti Mahato

Ghosaldih

Loader

3

Mantu Kumar

Nayak

Basudeo Nayak

Bhendra, Bokaro

Loader

4

Laxman Ray

Jangu Ray

Chaita, Gomoh, Dhanbad

Loader

5

Sudhir Pd. Barma

Mohan Pd. Barma

Baramesiya, Doeghar

Loader

6

Baneshwar Mandal

Bhado Mandal

Chitra, Sarath

Loader

7

Bisheshwar Mandal

Lakhi Mandal

Dudhichuya, Deoghar

Loader

8

Ganesh Mandal

Janki Mandal

Didhakoli

Loader

9

Santosh Kr. Yadav

Hari Pd. Yadav

Alakwara, Deoghar

Loader

10

Harendra Rajak

Bhajan Ch. Rajak

Barafitchhri, Barwadda, Dhanbad

Loader

M/S :- D.P. SHARMA TRANSPORT COMPONY, KATRAS ROAD, DHANBAD

1

Manoranjan Ram

Hatsara, Chepkiya

Sardar

2

Santosh Soren

Budhan Manjhi

Tilpubera, Bokaro

Loader

3

Jawalla Pd. Singh

Rajendra Pd. Singh

Tarmohanpur, Bokaro

Loader

4

Fanibhusan Singh

Chhatu Singh

Tarmohanpur, Bokaro

Loader

5

Surendra Singh

Panchan Singh

Ghergaun, Koderma

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

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Bikram Singh

Arjun Singh

Karma, Koderma

Loader

7

Sanjay Singh

Fouddar Singh

Jarsoti, Giridih

Loader

8

Arjun Singh

Badri Singh

Koldiha, Giridih

Loader

9

Chandan Singh

Rajendra Pd. Singh

Tarmohanpur, Bokaro

Loader

10

Allauddin Ansari

Yusuph Ansari

Amtand, Topchanchi, Dhanbad

Loader

11

Abash Ansari

Md. Yusuf Ansari

Amtand, Topchanchi, Dhanbad

Loader

12

Meghnath Mahato

Daharu Mahato

Amtand, Topchanchi, Dhanbad

Loader

13

Taslim Ansari

Md. Yunush Ansari

Sukudih, Gomoh, Dhanbad

Loader

14

Sanjay Kumar Saw

Dinu Mahato

Kalyanpur, Barwadda, Dhanbad

Loader

15

Ghanashyam

Mahato

Bhola Mahato

Konartand, Dhanwar, Dhanbad

Loader

16

Narayan Kumar

Bhim Kumhar

Lusadih, Rajganj, Dhanbad

Loader

17

Om Prakash

Nunulal Mahato

Barwadda, Tundi, Dhanbad

Loader

18

Kartik Singh

Kali Charan Singh

Karharadih, Kotoriya, Banka

Loader

19

Sudhir Pandit

Parmeshwar Pandit

Chholisargadiha, Giridih

Loader

20

Dhananjay Singh

Yamuna Singh

Danidih, Poreyahat, Godda

Loader

21

Krishna Pd. Yadav

Atwari Mahato

Chhotki Kharagdiha, Giridih

Loader

22

Dipu Yadav

Bipat Yadav

Jaina More, Jaridih, Bokaro

Loader

23

Churaman Singh

Sufal Singh

Ojhadih, Bengabad, Giridih

Loader

24

Bikram Singh

RamKumar Singh

Jamuniya Tand, Simultala, Jamui

Loader

25

Hiralal Varma

Rajendra Mahato

Harkhodih , Giridih

Loader

26

Amar Kumar Singh

Tara Pd. Singh

Nichitpur, Katrasgarh, Dhanbad

Loader

27

Ganesh Yadav

Ritlal Yadav

Mahuyatand, Bengabad, Giridih

Loader

28

Rabindra Singh

Gouri Shankar Singh

Jahitiya, Chaiti, Gaya

Loader

29

Binod Kr. Yadav

Basudeo Pd. Yadav

Chandodih, Koderma

Loader

30

Sanjay Kumar

Nanhaku Ram

Dadpur, Chouparan, Hazaribagh

Loader

31

Sarjoo Singh

Puna Singh

Pathalgarwa, Bhendra, Bokaro

Loader

32

Rabindra Kishku

Munilal Kishku

Dhaiya, ISM, Dhanbad

Loader

33

Md. Ikramuddin

Ansari

Nizamuddin Ansari

Chorapatti, Gomoh, Dhanbad

Loader

34

Dahalu Singh

Gopal Singh

Baramasiya, Gourisirsiya, Gandey

Giridih

Loader

35

Dhaniram Mahato

Laxman Mahato

Ramakunda , Dhanbad

Loader

36

Manoj Singh

Ruplal Singh

Damodarpur, Gomoh, Dhanbad

Loader

37

Gourab Sahi

Arjun Sahi

Kachan Saha, Boushi, Banka

Loader

38

Ajay Rajak

Deodhari Rajak

Mahadev Tand, , Hazaribagh

Loader

39

Umesh Singh

Somar Singh

Sonardih, Jamua, Giridih

Loader

40

Rohit Kumar Yadav

Chandar Kishore

Yadav

Fatehpur, Simultala, Jamui

Loader

41

Manoj Kr. Pandey

Kameshwar Pandey

Markachho, Koderma

Loader

42

Shankar Singh

Govind Singh

Kahadih, Jamua, Giridih

Loader

43

Kedarnath Kumar

Anhu Mahara

Radhey Mohadar , Deoghar

Loader

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44

Rajan Singh

Ramakant Singh

Mahuwar, Harla, Bokaro

Loader

45

Manoj Rajak

Saryu Rajak

Darjee Muhalla , Giridih

Loader

46

Prabhat Prakash

Tiwary

Shiv Shankar Tiwari

Jaina More, Jaridih, Bokaro

Loader

47

Laxman Singh

Kedar Singh

Jamuniyatand , Jamui

Loader

48

Sudama Mandal

Tulshi Mandal

Gunghasa, Hariharpur, Dhanbad

Loader

49

SuKumar Singh

Chandrasekhar Singh

Babudih, Karmatandjamtara

Loader

50

Nawal Kishore

Singh

Rohit Singh

Jamuniyatand, Giridih

Loader

M/S:- ANIL TRANSPORT

1

Haradhan Mandal

Kamdeo Mandal

Churuia, Sundarpahar

Sardar

2

Panchu Singh

Umed Narayan Singh

Ojhadih, Bengabad, Giridih

Loader

3

Chunni Sahi

Gandhi Sahi

Kachansaha, Sariya, Bousi, Banka

Loader

4

Muruli Singh

Shankar Singh

Pasai, Poriya, Godda

Loader

5

Rajsekher Sahi

Mahendra Sahi

Kachansaha, Sariya, Bousi, Banka

Loader

6

Sukehdeo Singh

Jagdish Sinh

Jamuniyatand, Shimultala, Jamui

Loader

7

Anup Singh

Bahadur Singh

Turkakol, Bouli, Banka

Loader

8

Basist Sahi

Balaram Sahi

Kachansaha, Bousi, Banka

Loader

9

Ramanand Saw

Bajnath Saw

Bela, Chouparan, Hazaribagh

Loader

10

Kameshwar Mandal

Shankar Mandal

Gunghusha, Gomho, Dhanbad

Loader

11

Binod Dhangi

Gandouri Dhangi

Dadpur, Chouparan, Hazaribagh

Loader

12

Shiv Charn Mandal

Kasha Nath Mandal

Kandidih, Topchachi, Dhanbad

Loader

13

Salesh Mandal

Chand Mohan Mandal

Gungusha Harihar Pur, Gomho

Loader

14

Sunil Kr. Soren

Ruplal Soren

Balidih, Bokaro

Loader

15

Satendra Dangi

Lekho Mahato

Dadpur, Chouparan, Hazaribagh

Loader

16

Jagarnath Singh

Khiru Singh

Belkuiya, Nirsa, Dhanbad

Loader

17

Birendar Singh

Dubey Singh

Chirudih Birni, Giridih

Loader

18

Rohan Dangi

Hiraman Mahato

Dadpur, Chouparan, Hazaribagh

Loader

19

M .P.Singh

Chhatu Narayan Singh

Gadikala Deori, Giridih

Loader

20

Pradip Singh

Arjun Singh

Simaltand, Simultala, Giridih

Loader

21

Shankar Singh

Sukhdeo Singh

Bagai, Koderma

Loader

22

Surendar Mandal

Bhagirath Mandal

Chaita, Gomah

Loader

23

Akhleshwar Singh

Kali Singh

Ganrawa, Tetulmari, Dhanbad

Loader

24

Jhagori Bauri

Jagan Bouri

Nutundih, Chandan Dih Bokaro

Loader

25

Laxman Modi

Banshi Modi

Kapilo, Birni, Giridih

Loader

26

Prahallad Mahato

Mohan Mahato

Chandan Kirayari, Bokaro

Loader

27

Badri Manjhi

Babulal Manjhi

Laxmi Pur Gomoh, Dhanbad

Loader

28

Rameshwar Modi

Ladai Modi

Chandan Kirayari, Bokaro

Loader

29

Chando Lal Manjhi

Lakhi Manjhi

Laxmi Pur Gomoh, Dhanbad

Loader

30

Yogendra Singh

Krishnanand Singh

Mirjagang, Sikandra, Jamui

Loader

31

Manic Ch. Singh

Hari Singh

Thakurkuli, Dhaiy Dhanbad

Loader

32

Binod Pandey

Prabhas Pandey

Chaita, Gomho, Dhanbad

Loader

33

Sreekant Yadav

Baijnath Yadav

Panpur, Kotoyali, Ballia

Loader

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Chakar Bharti

Moti Singh

Ghergaun, Koderma

Loader

BHARAT COCKING COAL LIMITED

JAMUNIYA NADI KHERABEDA GHAT, BALU SHARIMAK KA SUCHI

THIKADAR – M/S:- SHARMA TRANSPORT CO., KATRAS ROAD, DHANBAD

1

Ishwar Mahato

Punit Mahato

Kherabara,

Sardar

2

Laxman Roy

Sarjoo Roy

Chaita, Gomho, Dhanbad

Loader

3

Nilkanth Manjhi

Bhola Manjhi

Chaita, Gomho, Dhanbad

Loader

4

Chintamani Mahato

Ghashi Mahato

Kherabara, Gomho, Dhanbad

Loader

5

Jethu Mahato

Hulash Mahato

Kherabara, Gomho, Dhanbad

Loader

6

Babulal Manjhi

Karam Ch. Manjhi

Chaita, Gomho, Dhanbad

Loader

7

Sundar Manjhi

Shibu Manjhi

Laxmi Pur Gomoh, Dhanbad

Loader

8

Sukhdeo Manjhi

Dinu Manjhi

Chaita, Gomho, Dhanbad

Loader

9

Bhagirath Mahato

Darbari Mahato

Kherabara, Gomho, Dhanbad

Loader

10

Harish Ch. Ray

Sundar Ray

Chaita, Gomho, Dhanbad

Loader

11

Nepal Rajwar

Saharai Rajwar

Chandan Kiyari, Bokaro

Loader

12

Rajendra Pandey

Kanhai Pandey

Chaita, Gomho, Dhanbad

Loader

13

Manpuran Modi

Ghasiram Modi

Chandan Kiyari, Bokaro

Loader

14

Puran Mahato

Khedan Mahato

Chaita, Gomho, Dhanbad

Loader

15

Kiran Gope

Bholu Gope

Chandan Kiyari, Bokaro

Loader

16

Shanichar Manjhi

Bhola Manjhi

Chaita, Gomho, Dhanbad

Loader

17

Moti Lal Singh

Banshilal Singh

Chaita, Gomho, Dhanbad

Loader

18

Prasanna Ray

Gorachand Ray

Chandan Kiyari, Bokaro

Loader

19

Prabhu Singh

Bubraj Singh

Jaina More, Jaridih, Bokaro

Loader

20

Rajan Ray

Sanichar Ray

Chaita, Gomho, Dhanbad

Loader

21

Manik Rajwar

Babu Rajwar

Chandan Kiyari, Bokaro

Loader

22

Bijay Singh

Bina Singh

Barkangango, Hazaribagh

Loader

23

Haru Rajwar

Chhubu Rajwar

Chandan Kiyari, Bokaro

Loader

24

Ram Kishun Manjhi

Shibu Manjhi

Chaita, Gomho, Dhanbad

Loader

25

Prayag Singh

Parmeshwar Singh

Barkangango, Barkahatta, Hazaribagh

Loader

26

Md. Naim

Md. Yusup

Purani Bazaar, Gomho, Dhanbad

Loader

BHARDWAZ TRANSPORT COMPONY

1

Anil Gupta

Purani Bazaar, Gomho, Dhanbad

Sardar

2

Moti Lal Rajawar

Karan Lal Rajwar

Chandan Kiyari, Bokaro

Loader

3

Gobardhan Singh

Nandu Singh

Barkangango, Barkahatta, Hazaribagh

Loader

4

Gopal Rajwar

Bhagdu Rajwar

Chandan Kiyari, Bokaro

Loader

5

Shiba Ray

Mangal Ray

Purani Bazaar, Gomoh Dhanbad

Loader

6

Dil Chand Singh

Lakho Singh

Barkangango, Barkahatta, Hazaribagh

Loader

7

Binod Yadav

Srikant Yadav

Chakkilohona, Brahampur, Baksar

Loader

8

Binod Mistri

Okil Mistri

Choubey, Barakttha, Hazaribagh

Loader

9

Sahadeo Singh

Indramani Singh

Bandhdih, Maniyadih, Tundi

Dhanbad

Loader

10

Binod Singh

Saman Singh

Khurjio, Birni, Giridih

Loader

11

Kameshwar Singh

Atwari Singh

Barkangango, Barkahatta, Hazaribagh

Loader

II

(ii)

2449

12

Kanahi Pandey

Sachidanand Pandey

Chaita, Gomho, Dhanbad

Loader

13

Subash Pandey

Gobinda Pandey

Chaita, Gomho, Dhanbad

Loader

14

Sahadeo Pandey

Prabhas Pandey

Chaita, Gomho, Dhanbad

Loader

15

Kartik Mahato

Punit Mahato

Kherabara, Gomho, Dhanbad

Loader

16

Lalit Mahato

Dineshwar Mahato

Kherabara, Gomho, Dhanbad

Loader

17

Kalicharan Mahato

Yodhram Mahato

Kherabara, Gomho, Dhanbad

Loader

18

Manic Mahato

Chaita Mahato

Kherabara, Gomho, Dhanbad

Loader

19

Prasadi Mahato

Shiba

Kherabara, Gomho, Dhanbad

Loader

20

Narayan Mahato

Pati Mahato

Kherabara, Gomho, Dhanbad

Loader

21

Atwari Mahato

Bhola Mahato

Kherabara, Gomho, Dhanbad

Loader

22

Janki Mahato

Cholaram Mahato

Kherabara, Gomho, Dhanbad

Loader

23

Shib Charan

Mahato

Hemlal Mahato

Kherabara, Gomho, Dhanbad

Loader

24

Mitan Mahato

Sukar Mahato

Kherabara, Gomho, Dhanbad

Loader

25

Fuchan Mahato

Nakul Mahato

Kherabara, Gomho, Dhanbad

Loader

26

Jethu Mahato

Pulash Mahato

Kherabara, Gomho, Dhanbad

Loader

27

Charku Manjhi

Yugal Manjhi

Chaita, Gomho, Dhanbad

Loader

28

Raj Kumar

Doman Ram

Girhichabani, Ichak, Hazaribagh

Loader

29

Shantosh Kr. Gupta

Dodi Saw

Jwanpur, Chouparan, Hazaribagh

Loader

30

Jai Prakash Prasad

Budhan Saw

Jwanpur, Chouparan, Hazaribagh

Loader

31

Yashwant Saw

Rameshwar Saw

Dadpur, Chouparan, Hazaribagh

Loader

32

Dwarika Singh

Lakhan Singh

Bharpur, Ahilyapur, Giridih

Loader

33

Shankar Kumar

Yamuna Rajak

Sohanpur, Patna

Loader

34

Sanjay Rajak

Yamuna Rajak

Sahebnagar, Patna

Loader

35

Ram Pd. Singh

Babulal Singh

Padampur, Poreyahat, Godda

Loader

THIKADAR :- M/S. NAYATHAK ENTERPRISES COMPANY

1

Jagdish Ray

Hublal Ray

Chaita, Gunghusa, Dhanbad

Sardar

2

Rajendra Pd. Singh

Sufal Singh

Ojhadih, Bengabad, Giridih

Loader

3

Munna Kumar Sahi

Arjun Sahi

Kachansa, Sarya, Boushi

Loader

4

Arjun Pd . Barma

Tejo Barma

Kumhargariya, Jamua, Giridih

Loader

5

Ashok Rajak

Baleshwar Rajak

Jaypur, Koderma

Loader

6

Bhupendra Singh

Tiket Singh

Pandeyahat, Godda

Loader

7

Gopal Pd. Singh

Jiblal Singh

Ojhadih, Bengabad, Giridih

Loader

8

Sachidanand Singh

Mukteshwar Singh

Jamuniatand, Herla, Bokaro

Loader

9

Ramchandra Singh

Nunulal Singh

Pindra, Sonarihari, Dumka

Loader

10

Bajnath Deb

Sarjoo Narayan Deb

Mathuradih, Banshi, Banka

Loader

11

Gobardhan Mahato

Chouba Mahato

Tardiha, Jamua, Giridih

Loader

12

Bijay Pandey

Umashankar Pandey

Chalkusa, Barkatha, Hazaribagh

Loader

13

Shambhu Nath Sahi

Katki Sahi

Kachnasa, Bousi, Banka

Loader

14

Birendra Kr. Rajak

Bhubaneshwar Rajak

Sonpura Kala, Itkhori, Chatra

Loader

15

Lalan Singh

Akleshwar Singh

Ojhadih, Bengabad, Giridih

Loader

16

Sanjay Pandey

Umashankar Pandey

Chalkusa, Barkatha, Hazaribagh

Loader

17

Abhimanyu Kr.

Singh

Shyam Singh

Kashitand, Barwadda, Dhanbad

Loader

2450

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

18

Sikendar Saw

Rupan Saw

Lalpur, Bengabad, Giridih

Loader

19

Manoj Singh

Hublal Singh

Turio, Chnadrapura, Bokaro

Loader

20

Dinesh Pandey

Biteshwar Pandey

Sabalpur, Badhara

Loader

21

Ajay Kumar Pandey

Kameshwar Pandey

Markachho, Koderma

Loader

22

Munshi Yadav

Tetar Yadav

Laxmipur, Bengabad, Giridih

Loader

23

Khublal Saw

Bhatan Saw

Dadpur, Chouparan, Hazaribagh

Loader

24

Anantlal Singh

Pachanand Singh

Damodarpur, Gomoh, Dhanbad

Loader

25

Sanjay Singh

Prasadi Singh

Jaljoga, Badibagh, Jamui

Loader

26

Suresh Kumar

Singh

Rameshwar Prasad

Singh

Chhachhando, Nimiyaghat, Giridih

Loader

27

Sanjay Rajwar

Mangar Rajwar

Mohalibandh, Gomiya, Bokaro

Loader

28

Suresh Pd. Barma

Rajendra Mahato

Kharagdiha, Bengabad, Giridih

Loader

29

Sujit Pandit

Rameshwar Pandit

Bedokala, Barkatha, Hazaribagh

Loader

30

Falguni Singh

Ishwar Singh

Ojhadih, Bengabad, Giridih

Loader

31

Basudeo Singh

Lutan Singh

Sahariya, Dumriyatand, , Bokaro

Loader

32

Yogendra Prasad

Adri Raut

Pindrabad, Jamua, Giridih

Loader

33

Murli Singh

Niro Singh

Ojhadih, Bengabad, Giridih

Loader

34

Durga Pd. Singh

Hari Pd. Singh

Sakra, , Mohanpur, Deoghar

Loader

BHARAT COKING COAL LIMITED

BARAKAR NADI, KARAMDAHA GHAT, BALU SHRAMIK KA SUCHI

M/S: - SHIVAM TRANSPORT, KATRAS ROAD, DHANBAD

1

Shiblal Singh

Koriya

Munshi

2

Patwari Hembram

Koriya

Sardar

3

Amit Kumar Singh

Dayaram Singh

Rampur Jamaniya, Gazipur

Loader

4

Anil Kumar

Chandrika Sharma

Sujanpur, Koderma

Loader

5

Pawan Kumar

Singh

Ranjit Singh

Chonapatti, Gom, Dhanbad

Loader

6

Arbind Kumar

Tiwary

Rameshwar Tiwary

Bholapur, Beriya, Ballia

Loader

7

Madhusudan Singh

Umed Narayan Singh

Ojhadih, Bengabad, Giridih

Loader

8

Doman Singh

Banbihari Singh

Bundu, Ranchi

Loader

9

Damodar Narayan

Singh

Degan Singh

Chandankiyari, Bokaro

Loader

10

Arjun Mahato

Meghlal Mahato

Khonathi, Barora, Dhanbad

Loader

11

Dinesh Kumar

Rajak

Jay Prakash Dhobi

Lochanpur, Koderma

Loader

12

RajKumar Paswan

Dharmu Paswan

Nagwa, Nauwatpur, Patna

Loader

13

Sikendar Rajak

Kamal Rajak

Chouparan, Hazaribagh

Loader

14

Jitendra Mistry

Budhan Mistry

Patna, Gauan, Giridih

Loader

15

Pramanand Singh

Jiten Singh

Lalchak, Katras, Dhanbad

Loader

16

Harishankar

Mourya

Arjun Prasad

Lochanpur, Koderma

Loader

17

Sitaram Bareth

Adhouri Bareth

Dangraj, , Jangirchampa

Loader

18

Jayprakash Prasad

Harinarayan Mahato

Pipashiya, Isuya, Chapra

Loader

19

Kishore Mistri

Okil Mistri

Choubey, Barkatha, Hazaribagh

Loader

II

(ii)

2451

20

Manikchand Yadav

Nomilal Mahato

Fafandi, Bengabad, Giridih

Loader

21

Parmeshwar Singh

Raghunath Singh

Damodarpur, Gomoh

Loader

22

Kishun Singh

Pran Singh

Chandankiyari, Bokaro

Loader

23

Shudhu Tamoli

Nago Tamoli

Karmoni, Gaya

Loader

24

Prakash Prasad

Yadav

Basudeo Mahato

Gaddar, Gauan, Giridih

Loader

25

Ramsagar Rana

Jhari Rana

Bedokala, Hazaribagh

Loader

26

Raju Mahato

Nakul Mahato

Ramakunda, Hutungtugri,

Topchanchi, Dhanbad

Loader

M/S. : JAGPAL TRANSPORT

1

Kirtan Kumar Dan

Kalipada Dan

Meranwatand, Dhanbad

Sardar

2

Sanichar Bhogta

Munilala Bhogta

Koshidih, Pokhoriya

Loader

3

Upendra Kr Rajak

Bhikhan Rajak

Lochanpur, Koderma

Loader

4

Sahadeo Mistry

Thanu Mistry

Nawagarhchati, Giridih

Loader

5

Jitendra Kumar

Parmeshwar Sharma

Alipur, Narhat, Nawada

Loader

6

Netram Bareth

Dharu Ram Bareth

Mukta, Malkharunda, Jajgir champa

Loader

7

Nawin Kr. Sinha

Shyam Kishore Sinha

Pratapur, Chatra

Loader

8

Umesh Prasad

Singh

Teknarayan Singh

Salanpur, Katras, Dhanbad

Loader

9

Sunil Kishku

Siril Kishku

Pipratand, Giridih

Loader

10

Prayag Rana

Jhari Rana

Borokalla, Barkatha Hazaribagh

Loader

11

Rohit Kumar

Paswan

Sonaram Paswan

Chutiyari, Koderma

Loader

12

Gobardhan Bareth

Manglu Ram Bareth

Darimura, Malkharanda,

Jangirchampa

Loader

13

Manoj Kumar

Bhola Tamoli

Hydernagar, Palamu

Loader

14

Sandip Kishku

Munilal Kishku

Dhaiya, ISM, Dhanbad

Loader

15

Mahendra Mahato

Narayan Mahato

Bandgaro, Bengabad, Giridih

Loader

16

Maheshwar Kumar

Prabhakar

Sital Ram

Rampuram, Mahadevtand,

Chouparan, Hazaribagh

Loader

17

Umesh Kapri

Ajodhori Kapri

Dumarthar, Chnadan, Banka

Loader

18

Raghunandan

Mahato

Nandu Mahato

Kanothi, Barora, Dhanbad

Loader

19

Bhikhi Ram

Nirpat Ram

Jaynagar, Padiyagharo, Koderma

Loader

20

Uday Mistry

Kasha Mistry

Chak, Gauan, Giridih

Loader

21

Prahalllad Chand

Singh

Meghlal Singh

Mekura, Chandankiyari, Bokaro

Loader

22

Dinesh Rajak

Misar Dhobi

Laskari, Barhi, Hazaribagh

Loader

23

Wakil Singh

Nathu Singh

Karnagora, Topchanchi, Dhanbad

Loader

24

Bhagirathi Bareth

Basawan Bareth

Khumhati Khurdh, Baradawar,

Jajgirchampa

Loader

25

Ashok Kumar Rajak

Mohar Rajak

Belkhori, Itkhori, Chatra

Loader

26

Hemlal Mahato

DeoKumar Mahato

Netwari, Tundi, Dhanbad

Loader

2452

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

BHARAT COKING COAL LIMITED

BARAKAR NADI GHURANI BEDA GHAT, BALU SHARIMIK KI SUCHI

M/S :- KRISHNA TRANSPORT, KATRASH MODE, JHARIA, DHANBAD

1

Saka Mohali

Megha Mohali

Sunderpaharui

Sardar

2

Dipak Kr. Sinha

Sukhdeo Lala

Mokamo, Diridih

Loader

3

Pradip Singh

Satnarayan Singh

Ichak, Hazaribag

Loader

4

Jagdish Ram

Beni Ram

Parria, Kodarma

Loader

5

Amit Thanedar

Rokhohari Thanedar

Kunthol, Dhanbad

Loader

6

Malik Ram

Bhukhaw Ram Bareth

Darang, Jajgir Chhgar, Champa

Loader

7

Mahendra Singh

Prameshwar Singh

Palar, Banka, Bihar

Loader

8

Anup Kr.Singh

Umesh Singh

Raypur, Gajipur

Loader

9

Mit lal Mandal

Bhatu Mandal

Bandkharo, Sariya

Loader

10

Ramdhari Singh

Arjun Singh

Thakurkuli, Dhaiya, Dhanbad

Loader

11

Suresh Rajwar

Meghlal Rajwar

Birini, Bokaro

Loader

12

Kuldip Singh

Bhagirath Singh

Jamuaniyatand

, Jamui

13

Jaychand Bareth

Gangaram Bareth

Kausa, Damra, Janjgirchampa

Loader

14

Pankaj Ram

Barhan Ram

Naitand, Markacho, Kodarma

Loader

15

Yaswant Kumar

Dayaram Singh

Salanpur, Katrash, Dhanbad

Loader

16

Binod Singh

Yamuna Singh

Hariyadi, Chakai, Jamui

Loader

17

Prakash Singh

`Kartik Singh

`Parandagal, Kherboni, Dumka

Loader

18

Manjhi Anil

Nakul Manjhi

Rammoti, Jaypur, Purlia

Loader

19

Sudhansu Sekhar

C.L.Singh

Sector 2, A, Sadar Bokaro

Loader

20

Rajendar Mistry

Lakhanlal Mistry

Nawagarh, Rajdhanwar, Giridih

Loader

21

Yogeshwar Bareth

Hetram Bareth

Mukta, Malkhoranda, Janjgirchampa

Loader

22

Shambhu Rajak

Juran Rajak

Kemo, Itkhori, Chatra

Loader

23

Arbind Kr. Singh

Dayaram Singh

Raypur, Jamaniya, Gajipur

Loader

24

Harendra Singh

Surrender Singh

Damodarpur, Hariharpur, Dhanbad

Loader

25

Suresh Kr. Rana

Sarju Rana

Kadma, Karkam Sai, Hazaribag

Loader

M/S:- M. N. SHARMA TRANSPORT COMPANY

1

Fulchand Mohali

Bhogan Mohali

Chuturiya, Sundarpahari

Sardar

2

Magram Kumahar

Fuchu Kumahar

Daldali

Loader

3

Mishin Hembram

Kariya Hembram

Kurkutand

Loader

4

Munna Singh

Kedar Singh

Jamuniyatand, Simultala, Jamuai

Loader

5

Tribhuban Mahato

Kunjbihari Mahato

Nayagarh Chatty, Rajdhanwar Giridih

Loader

6

Deb Kumar Rajwar

Harihar Rajwar

Kirigora, Patratu, Hazaribag

Loader

7

Surrender Nath

Rajwar

Thakur Ch. Rajwar

Kadamtand, Rajgung, Dhanbad

Loader

8

Ganesh Thakur

Mohan Thakur

Pakerbera, Tatri, Topchanchi, Dhanbad

Loader

9

Anuj Kr.Karash

Banawa Lal Karsh

Malni, Jaijepur, Janjgir Champa

Loader

10

Upendra

Kr.Kushwaha

Dwarika Mahato

Fakirapahari, Sariya, Giridih

Loader

11

Manoj Kr.Deshwali

Debi Pd.Deshwali

Koradih, Katrash, Dhanbad

Loader

12

Ramesh Singh

Teknarayan Singh

Korabad, Ujyarpur, Samastipur

Loader

13

Laxman Singh

Giridhari Singh

Bandhdih, Tundi, Dhanbad

Loader

II

(ii)

2453

14

Karuna Ray

Sunil Kr.Ray

Berla, Jamuaniya, Burdwan

Loader

15

Gajanand Dhobi

Nakul Dhobi

Lochanpur, Kodarma

Loader

16

Bijay Pd.Barma

Bhagirath Pd.Barma

Choski, Ahalyapur, Giridih

Loader

17

Suraj Kr.Karsh

Banwa Lal Karsh

Malani, Jaijpur, Janjgir Champa

Loader

18

Gandori Dangi

Lekho Mahato

Dadpur, Chouparan, Hazaribag

Loader

19

Thakur Pd.Singh

Chandra Mohan Singh

Bardar, Daludih, Katrash, Dhanbad

Loader

20

Rabi Singh

Kapildeo Singh

Charghara, Charmuri, Jamui

Loader

21

Md .Ainul Haq

Rahamat Mia

Bholapur, Hirodih, Giridih

Loader

22

Mahesh Pandey

Pandeydih, Tundi, Dhanbad

Loader

23

Santosh Thakur

Ganesh Thakur

Maharajgunj, Tungi, Dhanbad

Loader

24

Uday Chand Bareth

Ganga Ram Bareth

Kausa, Gamra, Janjgirchampa

Loader

25

Umesh Kumar

Churaman Ram

Lochanpur, Kodarma

Loader

26

Sugrib Ram Rajak

Kishore Rajak

Dadpur, Chouparan, Hazaribag

Loader

27

Indradeo Rajak

Maharu Rajak

Sanpura, Mayapur, Itkhori, Chatra

Loader

M/S. SHARMA TRANSPORT, KATRASH ROAD, DHANBAD

1

Haradhan Mandal

Kamdeo Mandal

`Chururiya, Sundarpahari

Sardar

2

Rajesh Kr.Pandey

Bijay Pandey

Sultanpur, Raghunathpur, Siwan

Loader

3

Narayan Singh

Tilu Singh

Mekura, Chandankiyari, Bokaro

Sardar

4

Jehal Mandal

Jagdish Mandal

Bandhkharo, Sariya, Giridih

Loader

5

Bajrang Rajak

Hari Rajak

Sanpura, Itkhori, Chatra

Loader

6

Ganesh Kumar

Bhuneshwar Das

Akdonikhord, Muhafsil, Sioline, Gaya

Loader

7

Fakira Kumar

Rambrichh Tamoli

Sury Kunda, Bishnupad, Gaya

Loader

8

Anil Kr.Gour

Ganesh Ram

Bherapati, Shakti, Janjgirchampa

Loader

9

Ashok Baitha

Dhaneshwar Baitha

Bariyath, Ichak, Hazaribag

Loader

10

Babulal Singh

Chandramohan Singh

Bardar, Katrash, Dhanbad

Loader

11

Dinesh Kumar

Churaman Dhobi

Lochanpur, Kodarma

Loader

12

Debnarayan Singh

Chundi Singh

Butaturi, Mohanpur, Deoghar

Loader

13

Santosh Kr.Das

Ruplal Rabidas

Kasidih, Sariya, Giridih

Loader

14

Deb Das Ram

Ram Ch. Ram

Mahadevtand, Chouparan, Hazaribag

Loader

15

Krishna Tamoli

Kesho Tamoli

Haider Nagar, Palamu

Loader

16

Dara Singh

Mathur Singh

Maharajgung, Tundi, Dhanbad

Loader

17

Kritram Bareth

Pilaram Bareth

Karibandhu, Shakti, Janjgirchampa

Loader

18

Mukesh Kr.Singh

Armanand Singh

Sabanpur, Chouparan, Hazaribag

Loader

19

Aswani Singh

Uchit Singh

Dahikuri, Garjoypur, Purulia

Loader

20

Laldeo Ram

Dhaman Dhobi

Mahadevtand, Chouparan, Hazaribag

Loader

21

Birender Kr. Singh

Jagdamba Singh

Hirna, Mohanpur, Deoghar

Loader

22

Rabinder Singh

Puni Singjh

Kahadih, Jamua, Giridih

Loader

23

Malik Ram Bareth

Bhukharu Ram Bareth

Darang, Champa, Janjgirchampa

Loader

24

Amulya Singh

Uchit Singh

Hikuri, Garjoypur, Purulia

Loader

25

Prabhu Dayal

Pandey

Ramnath Pandey

Mohankodhiya, Dariyapur, Chhapara

Loader

26

Dewandra Bhagat

Dorha Bhagat

Agarwal Building, Chirkunda,

Dhanbad

2454

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

27

Chandradeo Kr.

Mitrajeet Ram

Rampur, Chouparan, Hazaribag

Loader

28

Shaktipada Gorai

Bhusan Gorai

Chandankiyari, Bokaro

Loader

29

Baleshwar Singh

Dhiren Singh

Chaita, Gomoh, Dhanbad

Loader

30

Sadhan Mandal

Sanat Mandal

Mahishila, Asansol, Burdwan

Loader

31

Kamal Pd. Yadav

Radhelal Yadav

Karibandhu, Shakti, Janjgirchampa,

Loader

32

Bikash Kr.Mandal

Nepal Mandal

Hirapur, Tundi, Dhanbad

Sardar

33

Ramdeo Rajak

Barahan Rajak

Dadpur, Chouparan, Hazaribag

Loader

34

Bittu Kumar

Suresh Pd.Tamoli

Suryakund, Civil Line, Gaya

Loader

35

Dinesh Kr. Das

Ruplal Das

Kushbani, Bagodar, Giridih

Loader

36

Dharmendra Kr.

Sinha

Dhrubnarayan Sinha

Barwadih, Dhanbad

Loader

M/S. KHENDALWAL TRANSPORT COMPANY

1

Sukhdeo Mohali

Binda Mohali

Chururiya, Sundarpahari

Sardar

2

Brahamdeo

Kushwaha

Gyani Mahato

Bajladhav, Markachcho, Kodarma

Loader

3

Ravi Nandan Singh

Yamuna Singh

Dhulmapur, Chakai, Jamui

Loader

4

Raju Ram

Deoki Ram

Pathra, Chouparan, Hazaribag

Loader

5

Sarban Tamoli

Ramanand Tamoli

Kataiya, Godamghagir, Chatra

Loader

6

Sunil Kumar

Bachchu Pd.Tamoli

Sadhana Hotel, Bakanpur, Patna

Loader

7

Nepal Parmanik

Panchanand

Paramanik

Chandankiyari, Bokaro

Loader

8

Kaleshwar Paswan

Mahabir Paswan

Bandarwaro, Sariya, Giridih

Loader

9

Anand Rajwar

Radhu Rajwar

Khario, Hariharpur, Dhanbad

Loader

10

Mahesh Rajak

Banshi Rajak

Harino, Chouparan Hazaribag

Loader

11

Hanus Ram Bareth

Bhukharu Bareth

Darang, Champa, Janjgirchampa

Loader

12

Mittan Mandal

Manik Mandal

Bakbando, Asansol, Burdwan

Loader

13

Dhiren Kumar

Krishna Tamoli

Uppar Bazaar, Ranchi

Loader

14

Prayag Pd.Yadav

Chando Mahato

Jhalibad, Rajdhanwar, Giridih

Loader

15

Ajablal Singh

Chintamani Singh

Bara Charpa, Madhupur Deoghar

Loader

16

Brajesh Rajak

Pokhan Rajak

Dawari, Giddhor, Chatra

Loader

17

Mahendra Rajak

Bhikari Rajak

Harino, Chouparan, Hazaribagh

Loader

18

Sanichar Singh

Hublal Singh

Khamargora, Kakomath, Dhanbad

Loader

19

Dhiren Gope

Shanty Gope

Chandan Kiyari, Bokaro

Loader

20

Basant Singh

Gopal Singh

Chita Kharo, Birni Giridih

Loader

21

Arun Singh

Basudeo Singh

Dakikundi, Garjaypur, Purulia

Loader

22

Hari Krishna

Mandal

Babulal Mandal

Dolabar, Jamtara

Loader

23

Jay Prakash Kr.

Baldeo Ram

Partapur, Chouparan Hazaribagh

Loader

24

Chheru Ram Bareth

Khadaw Ram Bareth

Darang Champa, Janjgirchampa

Loader

25

Prithi Nath Mahato

Kamal Mahato

Piprahiya, Ushwapur, Saran

Loader

26

Haradhan Singh

Sikhdeo Singh

Mekura, Chandan Kiyari Bokaro

Loader

27

Ganga Poddar

Kokil Poddar

Dhaiya Dhanbad

Loader

II

(ii)

2455

28

Ganesh Rajak

Bishnudhari Rajak

Rampur Chouparan, Hazaribagh

Loader

29

Sanjay Kumar

Ramdeo Prasad

Tamoli

Fatepur, Gaya

Loader

30

Suresh Ram bareth

Ganpat Bareth

Mukta Malkharando, Janjgirchama

Loader

31

Daulat Singh

Kaila Singh

Koiridih, Bagor, Giridih

Loader

32

Pahupati Gope

Khandu Gope

Lepri, Kanda, Purulia

Loader

33

Teklal Singh

Gokul Singh

Ashnasindha, Topchachi, Dhanbad

Loader

34

Naresh Kumar

Rajak

Bishnudhari Rajak

Rampur Chouparan, Hazaribagh

Loader

35

Satyanarayan

Tamoli

Dhura Tamoli

Hydernagar Bazaar, Plamu

Loader

36

Jiwanlal Karsh

Puran Karash

Mukta, Janjgirchampa

Loader

37

Kishori Singh

Meghlal Singh

Nawagarh, Rajchanwar, Giridih

Loader

38

Govind Singh

Sanatan Singh

Mekura, Chandan Kiyari Bokaro

Loader

39

SuKumar Gope

Gostu Gope

Barri Kanda, Purulia

Loader

40

Manivendra Tiwari

Satynarayan Tiwari

Piparhiya, Isujapur, Saran

Loader

41

Chetlal Rajak

Barhen Baitha

Amjhar, Chouparan, Hazaribagh

Loader

M/S D. P . SHARMA TRANSPORT COMPANY, KATRAS ROAD, DHANBAD

1

Lal Hembram

Rafik Hembram

Ghurnibera, Sundarpahari

Sardar

2

Gupin Hembram

Maha Hembram

Ghurnibera, Sundarpahari

Loader

3

Golak Mahato

Surendra Mahato

Chandankiyari, Bokaro

Loader

4

Md. Rafiq Ansari

Abdul Quam Ansari

Amtand, Topchanchi, Dhanbad

Loader

5

Govind Prasad

Bishun Mahato

Chandramarni, Bagodar, Giridih

Loader

6

Rajib Kumar

Dhaman Dhobi

Mahadevtand, Chouparan, Hazaribag

Loader

7

Amritlal Karsh

Rohanlal Karsh

Durga Pandal, Ramnagar, Korwa

Loader

8

Binay Kumar

Upadhaya Sudhakar

Dant Shuma Isuwapur, Chhapra

Loader

9

Upendra Mistry

Laxman Mistry

Patna, Ganha, Giridih

Loader

10

Mahadeo Rajak

Banshi Rajak

Harino, Chouparan Hazaribag

Loader

11

Bhadu Rajwar

Titu Rajwar

Khario, Hariharpur, Gomoh,

Dhanbad

Loader

12

Kaushal Kr.Rajak

Ram Byas Ram

Dumari, Chouparan Hazaribag

Loader

13

Bihari Parsad

Jawahir Parsad

Piparhiya, Isujapur, Chhapra

Loader

14

Kamlesh Yadav

Dhanpat Yadav

Tilaiya, Jaynagar, Kodarma

Loader

15

Chandradeo Singh

Sundar Singh

Tand Mohanpur, Jaridih, Bokaro

Loader

16

Bhim Pd. Bareth

Radheyshyam Bareth

Darang, Champa, Janjgirchampa

Loader

17

Subhas Kr.Pandey

Ramnath Pandey

Mohan Kothiya, Dariyapur, Saran

Loader

18

Madhav Mandal

Nirupad Mandal

Kalisako, Salanpur, Burdwan

Loader

19

Ajit Kr.Singh

Surendra Singh

Damodarpur, Hariharpur, Gomoh,

Dhan.

Loader

20

Kailash Rajak

Bhikhari Rajak

Harino, Chouparan Hazaribag

Loader

21

Bhim Ray

Bhubaneshwar Ray

Manjhiladih, Giridih

Loader

22

Panchu Singh

Dhiren Singh

Chaita, Gomoh, Dhanbad

Loader

23

Nagendra Nath

Tiwari

Badrinath Tiwari

Summa, Ushwapur, Saran

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

24

Brahmdeo Ram

Doman Ram

Papro, Chouparan, Hazaribag

Loader

25

Mithlesh Kr. Singh

Chandrasekhar Singh

R.D.Bazar, Pachgachhiya, Burdwan

Loader

26

Birbal Ray

Madan Ray

Barramundi, Maithan, Dhanbad

Loader

27

Kaleshwar Singh

Sukar Singh

Sahariya, Nawadih, Bokaro

Loader

28

Hiraman Singh

Manjho Singh

Pradhandih, Domri, Giridih

Loader

29

Rajendra Pd. Barma

Kishon Mahato

Bara Charpa, Madhupur, Deoghar

Loader

30

Rattan Lal Singh

Ramkinkar Singh

Mukundpur, Jaypur, Purulia

Loader

31

Birendra Singh

Lakhan Singh

Purana Nagar, Kodarma

Loader

33

Suresh Ram

Deoki Ram

Pathra, Chouparan, Hazaribag

Loader

34

Rattan Singh

Sukhdeo Singh

Kashiyatand, Barawada, Dhanbad

Loader

35

Sanjiv Kr.Singh

Shyam Sundar Singh

Tandmohanpur, Jaridih, Bokaro

Loader

36

Bhubaneshwar Pd.

Yadav

Brinda Yadav

Baracharpa, Madhupur, Deoghar

Loader

M/S. SHIV TRANSPORT COMPANY KATRAS ROAD, DHANBAD

1

Ghanshayam

Rawani

----------

`Kutanpahari, Sundarpahari

Sardar

2

Binod Kr.Singh

Baro Singh

Barwadih, Markachcho, Kodarma

Loader

3

Jitendra Mahato

Gaurav Mahato

Khonathi, Barora, Dhanbad

Loader

4

Rajendra Kr.Rajak

Ramchandra Rajak

Mahadevtand, Chouparan, Hazaribag

Loader

5

Bhola Pd.Singh

Govind Singh

Karahdih, Jamua, Giridih

Loader

6

Iswari Singh

Budhan Singh

Baracharpa, Madhupur, Deoghar

Loader

7

Bijay Singh

Thakur Singh

Mekura, Chandankiyari, Bokaro

Loader

8

Haradhan Singjh

Khemnarayan Singh

Ashnasindha, Topchanchi, Dhanbad

Loader

9

Ajay Kr.Singh

Nameshwar Pd. Singh

R.D.Bazar, Panchgariya, Burdwan

Loader

10

Ashok Kr.Rajak

Madan Rajak

Dumri, Chouparan, Hazaribag

Loader

11

Kanthi Singh

Banwari Singh

Karahdih, Jamua, Giridih

Loader

12

Manoj Singh

Hari Singh

Dumariyatand, Nawadih, Bokaro

Loader

13

Khedan Singh

Tilakdhari Singh

Maniya, Barkatha, Hazaribag

Loader

14

Chhatu Singh

Sahdeo Singh

Bardar, Daludih, Katras, Dhanbad

Loader

15

Anil Kr.Rajak

Sitaram Rajak

Singh ghani, Falgara, Chatra

Loader

16

Sadanand Singh

Bholanath Singh

Beharkunda, Talharo, Dumka

Loader

17

Dhunu Mahato

Bushnu Mahato

Khonathi, Dharora, Dhanbad

Loader

18

Birendra Singh

Shyam Sundar Singh

Ojhadih, Bengabad, Giridih

Loader

19

Yamuna Pd. Sinha

Dwarika Lala

Dimra, Gola, Hazaribag

Loader

20

Shyamal Deswali

Manu Deswali

Basa, Chas, Alkusa, Bokaro

Loader

21

Dhiren Rajwar

Bhim Rajwar

Khario, Hariharpur, Gomoh, Dhanbad

Loader

22

Binod Kr. Mishra

Ranju Mishra

Ganoriya, Thokri, Baliya

Loader

23

Laltu Ghosh

Samir Ghosh

Brahamandih Colliney, Asansol,

Burdwan

Loader

24

Arun Pd. Singh

Bhubneshwar Singh

Bhashpur, Ahaliyapur, Giridih

Loader

25

Sonu Kr. Singh

Ramkishun Singh

Mohan Bazaar, Pathardih, Dhanbad

Loader

26

Mukesh Kr. Rajak

Jagdeo Rajak

Pathriya, Itkhori, Chatra

Loader

27

Roshanlal Mahato

Dillu Mahato

Gujariyadih, Nawadih, Bokaro

Loader

II

(ii)

2457

28

Basdeo Singh

Hiraman Singh

Nawagarh, Rajdhanwar, Giridih

Loader

29

Surendra Baitha

Bali Baitha

Bhando, Chandrawar, Kodarma

Loader

30

Tufan Singh

Lakhi Narayan Singh

Barsar, Baludih, Rajgunj, Dhanbad

Loader

31

Jaydev Kumar

Anil Kr.Rajak

Pratap Pur, Chouparan, Hazaribag

Loader

32

Prakash Singh

Jagdish Singh

Mahabir Colliyari, New Colony,

Raniganj, Burdwan

Loader

33

Abdhesh Kr.Tiwari

Satnarayan Tiwari

Piprahiya, Isujapur, Giridih

Loader

34

Varun Singh

Lakhan Singh

Bhaspur, Ahilyapur, Giridih

Loader

35

Niranjan Rajak

Ramdhin Rajak

Barwadih, Chouparan, Hazaribag

Loader

36

Haradhan Mahato

Barahan Mahato

Khonathi, Borora, Dhanbad

Loader

37

Naru Gopal

Chakraborty

Harilal Chakraborty

Gandhinagar, Panchgariya, Asansol,

Burdwan

Loader

38

Suresh Ray

Dhanpat Ray

Khabri, Baniyapur, Saran

Loader

39

Lalchandra Ray

Janakdhari Ray

Mahadevtand, Chouparan, Hazaribag

Loader

40

Dhaneshwar Singh

Shahdev Singh

Bardar, Daludih, Katrash, Dhanbad

Loader

41

Pran Narayan Singh

Umed Narayan Singh

Ojhadih, Bengabad, Giridih

Loader

BHARAT COKING COAL LIMITED

BARAKAR NADI MOHASHIDIH GHAT BALU SHARIMIK KI SUCHI

M/S. :- SHARMA TRANSPORT COMPANY

1

Manoranjan Das

Amulya Dan

Ukma

Sardar

2

Thakuri Mistry

Budhan Maistry

Patna Gaun, Giridih

Loader

3

Laxman Kumar

Tilakdhari Rajak

Pathra, Chouparan, Hazaribag

Loader

4

Kuldip Singh

Bhagirathi Singh

Jamuniatand, Simultal, Jamui

Loader

5

Manish Singh

Ranjeet Singh

Choraptti, Gomoh, Dhanbad

Loader

6

Ashok Rajak

Deglal Rajak

Sariya Road, Bagodar, Giridih

Loader

7

Jagarnath Mistry

Somar Mistry

Berokolla, Barkattha, Hazaribag

Loader

8

DeoKumar Bareth

Banaw Lal Bareth

Malni, Joujeypur, Janjgirchampa

Loader

9

Rakesh Kr. Mahato

Laldhar Mahato

Pachour, Taraiya, Saran

Loader

10

Hiru Ray

Muna Ray

Baramuri, Chirkutand, Dhanbad

Loader

11

Baleshwar Pd.

Yadav

Anup Mahato

Fulandi, Bengabad, Giridih

Loader

12

RajKumar

Durga Prasad

Tamur, Ranchi

Loader

13

Prakash Kumar

Jageshwar Rajak

Pathra, Chouparan, Hazaribag

Loader

14

Shibu Pd.Singh

Girdhari Singh

Mekura, Chandankiyari, Bokaro

Loader

15

Liladhar Bareth

Ramchandra Bareth

Kansa, Dammar, Jajgirchampa

Loader

16

Bikash Singh

Ganesh Singh

Bhutgaria, Bauragarh, Dhanbad

Loader

17

Manbana Tudu

Jagan Adibasi

Guhiyatand, Karharbari, Giridih

Loader

18

Kusal Mahato

Khublal Mahato

Makhdumpur, Sonpur, Saran

Loader

19

Dipak Kumar

Bhola Tamoli

Hedarnagar, Plamu

Loader

20

Mahadev Rajak

Pokahan Rajak

Mandeklam Sadar, Hazaribag

Loader

21

Om Prakash Koiri

Ram Kumar Koiri

Gomoh Dhanbad

Loader

22

Nakul Singh

Bhusan Singh

Ojhadih, Bengabad, Giridih

Loader

23

Dinesh Kr. Singh

Shiv Narayan Singh

Raypur, Jamaniya, Gajipur

Loader

24

Daduram Bareth

Sukhram Bareth

Malni, Jijepur, Janjgirchampa

Loader

2458

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

25

Munni Tamoli

Dhura Tamoli

Haidar Nagar Bazaar, Plamu

Loader

26

Bijay Pd. Tamoli

Ramanand Tamoli

Kataiya Godam Ghangri, Jori, Chatra

Loader

27

Balai Mandal

Kamal Mandal

Mera, Chirkunda, Dhanbad

Loader

28

Lalachand Ram

Janakdhari Ram

Rampur, Mahadevtand, Chouparan,

Hazaribag

Loader

29

Baijnath Pd. Barma

Kujo Mahato

Chhoti Kharakdiha, Bengabad,

Giridih

Loader

30

Niraj Kumar

Narayan Bhagat

Bhaganbigha, Nalanda

Loader

31

Shyamal Mandal

Anand Mandal

Chinpuriya, Burdwan

Loader

32

Bijay Kr. Karsh

Daduram Karsh

Malni, Jijepur, Janjgirchampa

Loader

` BHARAT COKING COAL LIMITED

BARAKAR NADI TASARA GHAT AND ANA COLLIERY BANKAD, BALU SHARIMAK KI SUCHI

M/S. PANCHAM SINGH , MOHALBANI, BHOWRA, DHANBAD

1

Yugal Mahato

Bishu Mahato

Kubritand Giridih

Sardar

2

Dip Chand Mahato

Bandiram Mahato

Kubritand Giridih

Loader

3

Girdhari Ram

Ashu Ram

Namohir, Chirkunda, Dhanbad

Loader

4

Ramdeo Yadav

Gango Yadav

Kheriodih, Deori, Giridih

Loader

5

Surendra Mahato

Harkho Mahato

Chhotki Kharakdiha, Bengabad,

Giridih

Loader

6

Naresh Kumar

Rajak

Madan Ram

Dumri, Chouparan, Hazaribagh

Loader

7

Mahabir Singh

Deo Narayan Singh

Bishnapur, Gomho, Dhanbad

Loader

8

Surendra Kr. Bareth

Sukhen Pd.Bareth

Kumhrikala, Baradwar,

Janjgirchampa

Loader

9

Robin Singh

Jagarnath Singh

Dahikuri, Jarjaypur, Purulia

Loader

10

Sonu Kumar

Mahato

Azadi Mahato

Pochour, Saraiya, Saran

Loader

11

Govind Prasad

Bishun Pd. Mahato

Chandmarni, Saraiya, Giridih

Loader

12

Ranjeet Singh

Dindayal Singh

Damodarpur, Hariharpur, Gomho,

Dhan.

Loader

13

Rajesh Kumar Rana

Pokhan Rana

Jamwari, Ichak, Hazaribagh

Loader

14

Raj Kumar

Paramanik

Gurucharan

Paramanik

Pancha, Ormanjhi, Ranchi

Loader

15

Jitendra Singh

KumbhakarnSingh

Sahariya, Nawadih, Bokaro

Loader

16

Tarun Barma

Ravi Shankar

Pd.Kushwaha

Baddiha, Hirodih, Giridih

Loader

17

Satrudhan Bareth

Ghasiram Bareth

Jatapara, Jaijepur, Janjgirchampa

Loader

18

Ashok Paramanik

Nandlal Paramanik

Lodoyadih, Topchachi, Dhanbad

Loader

19

Kishori Mohan

Pandey

Sukhdeo Pandey

Pipraghoghar, Barhi, Hazaribagh

Loader

20

Sandip Singh

Sahadeo Singh

Dahikuri, Garjaypur, Purulia

Lodder

21

Dhiraj Kumar

Indradeo Bhagat

Agarwala Collony, Galafarbari,

Dhanbad

Loader

22

Manoj Prasad

Gopal Prasad Tamoli

Gathjain Mandir, Ramana Road,

Gaya

Loader

23

Ranjan Kumar

Rajak

Ram Kisnun Ram

Bekowar, Koderma

Loader

24

Raju Rana

Kishun Rana

Lalbazar, Rajdhanwar, Giridih

Loader

II

(ii)

2459

25

Raju Rajak

Bodhi Rajak

Shilwarkhurdh, Hazaribag

Loader

26

Sanat Chandra

Tej Ram Chandra

Shikaribar, Jejepur, Janjgirchampa

Loader

27

Rashdeo Yadav

Lali Yadav

Merda, Chirkunda, Dhanbad

Loader

28

Sumit Kumar

Tribhushan Sing

Angarpathara, Katrashgarh, Dhanbad

Loader

29

Vishal Soren

Mangal Soren

Madandiha, Giridih

Loader

30

Pramod Kumar

Munna Tamoli

Hyder Nagar, Palamu

Loader

31

Bikash Kumar

Suresh Pd. Tamoli

Suryakund, Bishunpad Civil Line,

Gaya

Loader

32

Jitan Mandal

Manic Mandal

Bakbandi, Asansol, Burdwan

Loader

33

Iswar Saw

Lekho Saw

Berokalla, Barkattha, Hazaribagh

Loader

34

Babulal Karsh

Ghanashyam Karsa

Parsawani, Darma, Janjgirchampa

Loader

35

Lalo Rajak

Somar Rajak

Mahuri, Bagodar, Giridih

Loader

36

Sarjoo Prasad Singh

Vishu Singh

Damodarpur, Hariharpur, Gomho,

Dhanbad

Loader

37

Raj Kumar Singh

Gajanand Singh

Barkangango, Barkattha, Hazaribagh

Loader

38

Jitendra Pd. Singh

Jay Mangal Singh

Dinadaha, Shikari Para, Dumka

Loader

39

Birju Ram

Kamal Dhobi

Patchra, Chouparan, Hazaribag

Loader

40

Dilu Prasad Varma

Suhi Mahato

Nimayatand, Giridih

Loader

41

Chhotan Singh

Mahavir Singh

Damodarpur, Hariharpur, Gomho,

Dhan.

Loader

42

Dinesh Singh

Pedku Singh

Mekura, Chandankiyari, Bokaro

Loader

43

Sanjay Bareth

Panchram Bareth

Azad Nagar, Godhari Para, Koriya

Loader

44

Kuldip Singh

Kishan Singh

Dahikudi, Garhaytur. Purulia

Loader

45

Dhaneshwar Rajan

Somar Ram

Amjhar, Chouparan, Hazaribag

Loader

46

Bishwanath Pandey

Rakhal Pandev

Rohini, Josidih, Deoghar

Loader

47

Ramesh Rajwar

Ganesh Rajwar

Maheshpur, Madhuban, Dhanbad

Loader

48

Ram Pd. Singh

Mahabir Singh

Nawagarh, Chatty, Rajdhanwar,

Giridih

Loader

BHARAT COKING COAL LIMITED

YAMUNIYA NADI CHAITA GHAT, BALU SHARIMIK KA SUCHI

M/S. BAJRANG TRANSPORT COMPANY, KATRAS GARH, RANI BAZAR, DHANBAD

1

Prakash Prasad

Ganesh Pd. Mahato

Kalyanpur, Barawadda, Dhanbad

Sardar

2

Ram Singh

Sukar Singh

Mohanpur, Topchachi Dhanbad

Loader

3

Gulab Singh

Kailash Singh

Barkangango, Barkattha, Dhanbad

Loader

4

Dhananjoy Kr.

Pandey

Balmukund Pandey

Berikala, Barkattha, Hazaribagh

Loader

5

Sanju Kumar Bareth

Pancharam Bareth

Azadnagar, Chirmiro, Janjgirchampa

Loader

6

Ashok Kumar

Mahato

Kamal Mahato

Piprahiya, Isuj, Chhapra

Loader

7

Rajesh Singh

Kumb Karan Sing

Pipratand, Nagnagar, Barawadda,

Dhn.

Loader

8

Bajrang Rana

Dwarik Rana

Shandi, Jamua, Giridih

Loader

9

Bhola Nath Singh

Meghlal Singh

Mekura, Chandankiyari, Bokaro

Loader

10

Chhatu Rajwar

Charan Rajawar

Marar, Ramgarh

Loader

11

Chandra Sekher

Singh

Sagar Singh

Dimadaha, Pakdaha, Dumka

Loader

2460

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

12

Shankar Singh

Meghlal Singh

Damodarpur, Hariharpur, Gomho, Dhn.

Loader

13

Ashok Kumar

Pandey

Jogeshwar Pandey

Chandramarani, Sariya, Giridih

Loader

14

Praveen Kumar Jha

Ram Brichh Jha

Jagarnath Basant, Lalganj, Bairhahi

Loader

15

Laxmikant Pandey

Dular Ch. Pandey

Berikala, Barkattha, Hazaribagh

Loader

16

Mahendra Kr.

Pandey

Kedar Pandey

Bekowar, Kodarma

Loader

17

Sanjoy Yadav

Anup Yadav

Merha, Chirkunda, Dhanbad

Loader

18

Ishwarlal Singh

Sufal Yadav

Mekura, Chandankiyari, Bokaro

Loader

19

Shraban Kumar

Karsh

Ganeshram Karsh

Nagridih, Janjgirchampa

Loader

20

Rattan Singh

Chhutu Singh

Bhaiyadih, Jamua, Giridih

Loader

21

Arvind Kumar

Rupan Dhobi

Pathra, Chouparan, Hazaribagh

Loader

22

Santosh Kumat

Singh

Ruplal Singh

Damodarpur, Hariharpur, Gomho,

Dhan

Loader

23

Baldeo Singh

Thakur Singh

Mekura, Rangamati, Bokaro

Loader

24

Gorelal Bareth

Nankiram Bareth

Sonadula, Janjgirchampa

Loader

25

Suresh Prasad

Ram Brichh Tamoli

Suryakund Bishnupad, Gaya

Loader

26

Chhatradhari Singh

Budu Singh

Pradhandih, Dumri, Giridih

Loader

27

Suresh Singh

Chhathi Singh

Tarabora, Barawadda, Dhanbad

Loader

28

Om Prakash Rajak

Mahesh Rajak

Jamuwari, Ichak, Hazaribagh

Loader

29

Biendra Singh

Lal Mohan Singh

Kalipur, Jaridih, Bokaro

Loader

30

Bhururam Bareth

Nankiram

Sonadola, Markhor, Janjgirchampa

Loader

31

Upendra Singh

Kartik Singh

Pradhindih, Dumri, Giridih

Loader

32

Patilal Singh

Mahadeo Singh

Dmodarpur, Gomho, Dhanbad

Loader

33

Arjun Rajak

Rama Rajak

Mandeklam, Sadar, Hazaribagh

Loader

34

Hare Krishna Singh

Taralal Singh

Mekura, Chandankiyari, Bokaro

Loader

35

Bijoy Pd. Singh

Kartik Singh

Pradhandih, Dumri, Giridih

Loader

36

Kishore Saw

Tapeswar Saw

Kalgatisardar, Hazaribagh

Loader

37

Raj Kr. Chandra

Pilalal Chandra

Lakhali, Champa, Janjigirchampa

Loader

38

Mirtunjay Kumar

Lala Pd. Tamoli

Suyakund Bishnupad, Gaya

Loader

39

Sunil Prasad

Balmukund Prasad

Pathar Bangle, Jorapkhor, Dhanbad

Loader

40

Kishore Pd. Gupta

Kali Pd. Gupta

Shibwala Road, Daltanganj, Palamu

Loader

41

Rajendra Pd. Sinha

Ramanand Lala

Mokamo, Sariya, Giridih

Loader

42

Raju Kr. Singh

Shyam Narayan Singh

Marafari, Bokaro

Loader

43

Tulshi Ram Bareth

Gopal Ram Bareth

Lakhuri, Saragaun, Janjgirchampa

Loader

44

Santosh Pd. Singh

Onkar Singh

Babudih, Dhanbad

Loader

45

Debnarayan Singh

Dipnarayan Singh

Fulwar, Sonahatu, Ranchi

Loader

46

Mohan Kr. Pandey

Balmukund Pandey

Berokola, Barkatha, Hazaribgh

Loader

47

Nageshwar Kr.

Rajak

Bhuneshwar Rajak

Bagodih, Sariya Giridih

Loader

48

Bhuneshar Saw

Janki Saw

Khandra, Rajdhawnar, Giridih

Loader

49

Rishiram Sirwas

Puni Ram Sirwas

Umreli, Urang, Korwa

Loader

II

(ii)

2461

M/S. KHANDALWAL TRANSPORT, PUTKI BAZAR, KUSUNDA DHANBAD

1

Kanhai Pandey

Sachidanand Pandey

Chaita, Gomho, Dhanbad

Munshi

2

Anil Mandal

Sahadeo Mandal

Chaita, Gomho, Dhanbad

Sardar

3

Birndra Pd. Mahato

Nandu Mahato

Khonathi, Borora, Dhanbad

Loader

4

Brajesh Kr. Rajak

Shibnarayan Rajak

Pathara, Chouparan, Hazaribagh

Loader

5

Dilip Kuma

Munna Tamoli

Haidarnagar Bazaar, Plamu

Loader

6

Dilip Kumar Sinha

Sukhdeo Lala

Mokamo, Sariya, Giridih

Loader

7

Anil Kumar

Balmukund Tamoli

Suyakund, Bishnupad, Gaya

Loader

8

Amit Kumar

Balmukund Tamoli

Pathar Bangle, Jorapokhar, Dhanbad

Loader

9

Tijaw Ram Bareth

Bharat Ram Bareth

Kumharikhurdh, Janjgirchampa

Loader

10

Aditya Kr. Pandey

Umashankar Pandey

Barkatha, Hazaribagh

Loader

11

Suresh Pandit

Fuchan Pandit

Ojhadih, Bengabad, Girdih

Loader

12

Kritiwas Das

Jhasi Das

Mekura, Chandan Kiyari, Bokaro

Loader

13

Babulal Adibasi

Sagan Adibasi

Guhiyatand, Karharbari, Giridih

Loader

14

Shankar Kumhar

Atwari Kumhar

Koradih, Topchachi, Dhanbad

Loader

15

Chandan Kumar

Debdas Ram

Ram Pur Chouparan, Hazaribagh

Loader

16

Shib Kr. Chandra

Tejram Chandra

Shikari Nagar, Janjgirchampa

Loader

17

Guddu Kumar

Bajnath Tamoli

Malla Tola, Nardanggal, Gaya

Loader

18

Ajay Kr. Singh

Sibnath Singh

J.C.Mallik Rd. Near Nepal Colony,

Dhan.

Loader

19

Jaylal Singh

Degan Singh

Ojhadih, Bengabad, Giridih

Loader

20

Anil Kumar

Kesho Lala

Sirdala, Nawada

Loader

21

Ranbir Kr. Sinha

Anant Pd. Sinha

Kadma, Chandankiyari, Bokaro

Loader

23

Shiblal Mahato

Jharilal Mahato

Amdiha, Chandankiyari, Bokaro

Loader

24

Dharmendra Kr.

Satyanarayan Saw

Salanpur, Katrashgarh, Dhanbad

Loader

25

Hemraj Bareth

Uday Chandra Bareth

Kausa, Damra, Janjgirchampa

Loader

26

Raj Tamoli

Ghura Tamoli

Haidar Nagar Bazaar, Plamu

Loader

27

Pintu Kumar

Suresh Tamoli

Sahadeokhap, Dovi, Gaya

Loader

28

Mukesh Rana

Pokhan Rana

Jamuyari, Ichak, Hazaribagh

Loader

29

Kamaldeo Singh

Atwari Singh

Ojhadih, Bengabad, Giridih

Loader

30

Barun Kumar

Yadav

Gobardhan Yadav

Fulwar, Sonahatu, Ranch

Loader

31

Ashok Tabedar

Amulya Tabedar

Merda, Chirkunda, Dhanbad

Loader

32

Kartik Rajak

Lakhan Rajak

Chirda, Chandankiyari, Bokaro

Loader

33

Amritlal Karsh

Ramlal Karsh

Ngjhar, Lalkhoronda, Janjgirchampa

Loader

34

Gulab Pd. Sinha

Ramanand Lala

Mokamo, Sariya, Giridih

Loader

M/S. BHARADYAJ TRANSPORT COMPANY, KATRAS ROAD, DHANBAD

1

Hari Ram Raj

Sundar Raj

Chitra, Ghomho, Dhanbad

Sardar

2

Surendra Singh

Bhola Singh

Kalpeshwari, Kulti, Burdwan

Loader

3

Indrajeet Mandal

Gokul Mandal

Koradih, Topchachi, Dhanbad

Loader

4

Hemant Kumar

Mitrajit Ram

Ram Pur Chouparan, Hazaribagh

Loader

5

Kanhaiyalal Bareth

Samarulal Bareth

Kausa, Champa, Janjgirchanpa

Loader

6

Karn Ch. Rajak

Adhir Ch. Rajak

Chirda, Chandankiyari, Bokaro

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

7

Arjun Marandi

Tepo Marandi

Kheshkari, Sariya, Giridih

Loader

8

Shibnandan Pd.

Saha

Misho Saha

Tetarhat, Halsi, Lakhisarai

Loader

9

Sunil Kr. Deshawali

Jagdish Deshwali

Koradih, Topchachi, Dhanbad

Loader

10

Umesh Kr. Rana

Jadish Rana

Bera, Barkatha, Hazaribagh

Loader

11

Bhim Kr. Chandra

Pila Lal Chandra

Lakhali, Champa, Janjgirchampa

Loader

12

Bhawani Das

Khesho Das

Nigotila, Bengabad, Giridih

Loader

13

Sunil Kr. Rajak

Gour Ch. Rajak

Chirdi, Chandankiyari, Bokaro

Loader

14

Sufal Kumhar

Nakul Kumhar

Koradih, Topchachi, Dhanbad

Loader

15

Bikram Jyoti

Baj Nath Y Adav

Berakala, Barkatha, Hazaribagh

Loader

16

Prasant Singh

Prem NathSingh

Ramdhani Market, Asansoale, Dhan

Loader

17

Ashok Kr. Gupta

Sitaram Saha

Suryakunda Bishunpad, Gay A

Loader

18

Sahadeo Pd. Barma

Amrit Mahato

Chandamari, Sariya, Giridih

Loader

19

Manojlal

Raghulal

Sirdala, Nawada

Loader

20

Debendra Kr.

Deshwali

Debi Pd. Deshwali

Koradih, Topchachi, Dhanbad

Loader

21

Rasu Raj Rajak

Kisto Rajak

Chirda, Chandankiyari, Bokaro

Loader

22

Kalaram Sahu

Tejram Sahu

Adarsh Nagar, Korwa

Loader

23

Shambhu Kumar

Dulal Ch. Pandey

Berokala, Barkatha, Hazaribagh

Loader

24

Basudeo Singh

Dami Singh

Chhachhando, Nimiyagath, Giridih

Loader

25

Ramwatar Bareth

Dhurulal Bareth

Jetha, Shakti Janjgirchampa

Loader

26

Manish Kr. Tiwari

Satyanarayan Tiwari

Ranchi Colony, Melthdem, Dhanbad

Loader

27

Parash Kumar

Gopal Tamoli

Upper Bazaar, Ranchi

Loader

28

Shankar Singh

Manager Singh

Ghagra, Mohanpur, Deoghar

Loader

29

Raju Yadav

Baso Mahato

Berokala, Barakatha, Hazaribagh

Loader

30

Mahesh Prasad

Barma

Babulal Mahato

Harkhundi, Bengabad, Giridih

Loader

31

Kalicharan Mahato

Gopal Mahato

Khonathi, Barora, Dhanbad

Loader

32

Tapan Singh

Sayamlal Singh

Mekura, Chandankiyari, Bokaro

Loader

33

Krisna Pd. Barma

Ramsawrup Barma

Chhanmon, Koshi, Nawada

Loader

34

Mohan Sahi

Bodhi Sahi

Rakhatand, Bengabad, Giridih

Loader

35

Tiger Bareth

Ram Chandra Bareth

Kausa, Damra, Janjgirchampa

Loader

36

Gridhari Mahato

Chandramohan

Mahato

Tundi, Dhanbad

Loader

37

Pintu Singh

Khiru Singh

Chandkharo, Saria, Giridih

Loader

38

Madhusudhan

Mahato

Rinju Mahato

Saraidhela, Dhanba

Loader

39

Saroj Kr. Thanedar

Bholanath Thanedar

Kumthol, Nirsa, Dhanbad

Loader

40

Sulesh Singh

Kunwar Singh

Bhaspur, Ahilyapur, Giridih

Lodder

BHARAT COKING COAL LIMITED

BARAKAR NADI CHITARPUR GHAT GIRDIH, BALU SHARIM KI SUCHI, M/S D.P. SHARMA, KATRAS ROAD,

DHAN.

1

Narayan Saw

Fulchand Saw

Hutunggi, Topchachi, Dhanbad

Sardar

2

Upendra Pd. Akela

Puran Mahato

Ghirosinga, Hirodih, Giridih

Loader

3

Sanjay Kr. Saw

Dinu Saw

Tandmohanpur, Shaidajridih, Bokaro

Loader

II

(ii)

2463

4

Gangadhar Rajak

Gyani Rajak

Barkangango, Jamua, Giridih

Loader

5

Balgobind Sharma

Babulal Hazam

Ramhardih, Jamua Giridih

Loader

6

Thakur Pd. Rout

Adri Rout

Pindrabad, Balgo, Jamua, Giridih

Loader

7

Pankajdhir Singh

Baleshwar Pd. Singh

Chhachhando, Nimayaghat, Giridih

Loader

8

Punit Rajak

Kheman Dhobi

Manaiya, Barkatha, Hazaribagh

Loader

9

Sukar Gope

Durga Gope

Mahuatand, Bengabad, Giridih

Loader

10

Nunulal Singh

Chintaman Singh

Ojhadih, Bengabad, Giridih

Loader

11

Brahmdeo Rana

Khiru Rana

Dadpur, Chouparan, Hazaribagh

Loader

12

Mitnarayan Singh

Mitan Barma

Artoka, Bengabad, Giridih

Loader

13

Rajendra Rabidas

Budhan Ravidas

Kasiyadih, Sariya, Giridih

Loader

14

Sikandar Rajak

Haro Rajak

Akurhawa, Chouparan, Hazaribagh

Loader

15

Dasrath Singh

Jaynarayan Singh

Ojhadih, Bengabad, Giridih

Loader

16

Tale Shwar Das

Jogeshwar Das

Saharjam, Itkhori, Hazaribagh

Loader

17

Jogeshwar Pd.

Yadav

Lal Bihari Mahato

Babdgaro, Bengabad, Giridih

Loader

18

Shemal Mandal

Nimai Mandal

Korabag, Nirsa, Dhanbad

Loader

19

Indradeo Kr. Das

Laxman Das

Koyridih, Sariya, Giridih

Loader

20

Manoj Mandal

Sahadeo Mandal

Sabarnpur, Pirtand, Giridih

Loader

21

Rajendra Rabidas

Ramlal Rabidas

Chano, Bishnugarh, Hazaribagh

Loader

22

Md . Qyum Ansari

Ismail Ansari

Naiyadih, Bengabad, Giridih

Loader

23

Pabitra Mandal

Gambhir Mandal

Palberia, Panchayet, Dhanbad

Loader

24

Chamru Mandal

Teklal Mandal

Kandedih, Topchachi, Dhanbad

Loader

25

Suresh Mahato

Nanhaku, Mahato

Sundartand, Handadih, Giridih

Loader

26

Kartik Ram

BARETH

Kriparam Bareth

Kausa, Damra, Janjgirchampa

Loader

27

Subrato Mandal

Nischand Mandal

Haridih, Nituriya, Purulia

Loader

28

Amit Kumar Tiwari

Nagendra Nath Tiwari

Ranchi Colloney Maithen, Dhan.

Loader

29

Churaman Singh

Narayan Singh

Pratappur, Pirtand, Giridih

Loader

30

Ujjal Mandal

Abashya Mandal

Ladhna, Jamtara

Loader

31

Sibu Manjhi

Mehilal Manjhi

Barkatha, Hazaribagh

Loader

32

Babu Chandra

Bareth

Gangaram Bareth

Kausa, Damra, Janjgirchampa

Loader

33

Sushen Mandal

Bhaktipada Mandal

Simuldan, Nirsha, Dhanbad

Loader

34

Pradip Kumar

Munna Tamoli

Haidar Nagar, Plamu

Loader

35

Sudip Kumar Saha

Rattan Saha

Dubrajpur, Birbhum, West Bengal

Loader

36

Dasrath mahato

Dharma Mahato

Singdaha, sariya, Giridih

Loader

37

Bhikho Hembram

Babulal Hembram

Belgam, bagodar, giridih

Loader

38

Bankesh Mandal

Bhaktipada mandal

Simuldan, Nirsha, Dhanbad

Loader

39

Shashi bhushan

Bareth

Paluram Bareth

Supa, Pusor, Ramgarh

Loader

M/S KHENDALWAL TRANSPORT COMPANY, PUTKI BAZAR, DHANBAD

1

Tiket Pd. Mahato

Chandra Mohan

Mahato

Metbari, Tundi, Dhanbad

Sardar

2

Sukmoy Tabedar

Sahadeo Tabedar

Mera, Chirkunda, Dhanbad

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

3

Pradip Mistry

Lakhan Lal Mistry

Nawagarh, Rajdhanawar, Giridih

Loader

4

Uttam Kr. Mandal

Haripad Mandal

Jamuatard, Katrash, Dhanbad

Loader

5

Santosh Kumar

Babulal

Rakhudih, Bengabad, Giridih

Loader

6

Raj Kumar Ram

Bishundhari Rajak

Rampur, Chouparan, Hazaribagh

Loader

7

Puraniklal Bareth

Dhaniram Bareth

Charoda, Malkhoranda,

Janjgirchampa

Loader

8

Shubindra Mandal

Madanlal Mandal

Chalbalpur, Sitarampur, Kulti,

Burdawan

Loader

9

Binod Kumar Gupta

Laxman Saw

Gandhi Road Jharia, Dhanbad

Loader

10

Anil Mistry

Jagdish Mistry

Patna, Gauan, Giridih

Loader

11

Tapan Kumar

Mandal

Kailash Mandal

Simuldan, Nirsha, Dhanbad

Loader

12

Mohan Chandra

Ramadhar Chandra

Khoundhar, Domara Janjgirchampa

Loader

13

Foudar Singh

Somar Singh

Pahariyadih, Birni, Giridih

Loader

14

Ganesh Mandal

Madan Mandal

Chalbalpur, Kulti, Burdwan

Loader

15

Chandan Kr. Singh

Babu Mani Singh

Sikendarpur, Baushi, Banka

Loader

16

Sailen Bagti

Bholanath Bagti

Kunthol, Nirsa, Dhanbad

Loader

17

Kumar Singh

Somar Singh

Bahadurpur, Dumri, Giridih

Loader

18

Monu Kumar

Suresh Pd. Tamoli

Suryakund, Bishunpad, Gaya

Loader

19

Mantu Mandal

Prafulla Mandal

Barda, Chandankiyari, Bokaro

Loader

20

Shiv Kumar Bareth

Bhuru Ram Bareth

Sonadula, Malkhoranda,

Janjgirchampa

Loader

21

Suresh Singh

Nepali Singh

Bathanbari, Bengabad, Giridih

Loader

22

Sawpan Mandal

Prahllad Mandal

Jamuatard, Katrashgarh, Dhanbad

Loader

23

Kishun Singh

Budhan Singh

Bathanbari, Bengabad, Giridih

Loader

24

Rabi Mandal

Prahallad Mandal

Jamuatard, Katrashgarh, Dhanbad

Loader

25

Rajendra Pd. Singh

Jiwal Narayan Singh

Fatehpur, Baushi, Banka

Loader

26

Dilip Kumar Singh

Chalisa Singh

Chirudih, Birni, Giridih

Loader

27

Sharat Tabedar

Amulya Tabedar

Mera, Chirkunda, Dhanbad

Loader

28

Amrit Saw

Paro Saw

Bekokulgo, Bagodar, Giridih

Loader

29

Yogeshwar Singh

Pran Singh

Damodarpur, Gomho, Dhanbad

Loader

30

Sunil Hansada

Surajlal Hansada

Bathanbari, Bengabad, Giridih

Loader

31

Nilkanth Singh

Chhotan Singh

Damodarpur, Gomho, Dhanbad

Lodder

32

Manoj Singh

Jogeshwar Singh

Bathanbari, Bagodar, Giridih

Lodder

33

Sri Kant Singh

Tribeni Singh

Chirudih, Birni, Giridih

Loader

34

Dayanand Singh

Loknarayan Singh

Chirudih, Birni, Giridih

Loader

35

Shashilal Mahato

Dularam Mahato

Birajpur, Barwadda, Dhanbad

Loader

36

Sapan Kr. Loya

Bhim Loya

Dhaiya, I.S.M Dhanbad

Loader

37

Budhan Mahato

Thanu Mahato

Majhiladih Barawadda, Dhanbad

Loader

38

Dinesh Prasad

Barma

Bandhu Mahato

Chirudih, Birni, Giridih

Loader

39

Rohan Mahato

Shivcharan Mahato

Madhugora, Barawadda, Dhanbad

Loader

40

Lalu Mahato

Jiwan Mahato

Majhiladih Barawadda, Dhanbad

Loader

41

Naresh Mahato

Chandramoha Mahato

Madhugora, Barawadda, Dhanbad

Loader

II

(ii)

2465

42

Uday Singh

Bajnath Singh

Ghagra, Gaun, Giridih

Loader

43

Sanjay Kumar

Singh

Mohan Singh

Dhaiya, Thakurkuli, Dhanbad

Loader

44

Gobardhan Singh

Brahma Singh

Chirudih, Birni, Giridih

Loader

45

Laldhari Singh

Atwari Singh

Kashiyatand, Barwadda, Dhanbad

Loader

46

Kishore Ray

Khiru Ray

Maheshpur, Giridih

Loader

47

Krishnagopal Saw

Jagarnath Saw

Madeydih, Topchachi, Dhanbad

Loader

48

Naresh Singh

Balgovind Singh

Chirudih, Birni, Giridih

Loader

49

Lalu Ram Mahato

Alku Mahato

Rathtard, Topchachi, Dhanbad

Loader

50

Manoj Singh

Kishun Singh

Chirudih, Birni, Giridih

Loader

51

Ram Chandra

Nayak

Matan Saw

Dadpur, Chouparan, Hazaribagh

Loader

52

Naresh Yadav

Jhari Yadav

Dulampur, Chakai, Jamui

Loader

53

Dasarath Mahato

Bandhu Mahato

Jorasakh, Jamua, Giridih

Loader

54

Shivnandan Pd. Saw

Bangali Saw

Madhyagopali, Chouparan,

Hazaribagh

Loader

55

Ashok Saw

Prabhu Saw

Suratpur, Pipra, Itkhori, Chatra

Loader

56

Sanjay Kumar

Singh

Kamdeo Singh

Basantpur, Chakai, Jamui

Loader

57

Hemraj Ray

Sanichar Ray

Majhiladih, Giridih

Loader

58

Lakhan Dhangi

Balo Mahato

Dadpur, Chouparan, Hazaribagh

Loader

59

Bambgorang Singh

Bhimsen Singh

Karhi, Chakai, Jamui

Loader

60

Raj Mohan Singh

Hari Singh

Majhiladih, Giridih

Loader

61

Narendra Mahato

Manic Mahato

Chandarbaro, Sariya, Giridih

Loader

62

Manoj Kumar

Sukhdeo Saw

Singh pur, Chouparan, Hazaribagh

Loader

63

Chandrika Singh

Avoy Singh

Maheshwari, Soni, Jamui

Loader

64

Kanhai Saw

Bangali Saw

Suratpur, Pipra, Itkhori, Chatra

Loader

65

Kaleshwar Paswan

Hiralal Paswan

Bandhkharo, Sariya, Giridih

Loader

66

Prakash Saw

Dodi Saw

Madhyagopali, Chouparan,

Hazaribagh

Loader

M/S ANIL TRANSPORT, KATRAS ROAD DHANBAD

1

Mahendra Saw

Hardayal Saw

Jitpur

Sardar

2

Kamlesh Prasad

Ramashis Prasad

Jitpur

Loader

3

Keshwar Singh

Suresh Singh

Karhi, Chakai, Jamui

Loader

4

Rajendra Pd. Barma

Raman Mahato

Birini, Giridih

Loader

5

Sanjay Mandal

Anand Mandal

Shasanberia, Nirsa, Dhanbad

Loader

6

Jitnath Gupta

Likan Saw

Parsoni, Itkhori, Chatra

Loader

7

Kishun Saw

Bharan Saw

Dadpur, Chouparan, Hazaribagh

Loader

8

Sunil Kumar Saw

Baldeo Saw

Barajori, Parson, Giridih

Loader

9

Habu Ghosh

Bajnath Ghosh

Agarkund, Chirkunda, Dhanbad

Sardar

10

Gopal Saw

Bhuneshwar Saw

Birikala, Barkattha, Hazaribagh

Loader

11

Rajesh Kumar

Singh

Ram Kumar Singh

Karhi Chakai, Jamui

Loader

12

Arun Vishwakarma

Badrinath

Vishwakarma

Jhaj, Rajdhanawar, Giridih

Loader

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

13

Sudama Saw

Basudeo Saw

Birkala, Barakatha, Hazaribagh

Loader

14

Bajrangi Saw

Lukan Saw

Parsoni, Itkhori, Chatra

Loader

15

Pintu Kumar Singh

Bateshwar Singh

Jamua, Chakai, Jamui

Loader

16

Debanand Barma

Sanichar Mahato

Nawagarhchatti, Rajdhanwar

Giridih

17

Nageshwar Yadav

Gopal Yadav

Karma, Chouparan, Hazaribagh

Loader

18

Lalit Narayan Singh

Bhimsen Singh

Karhi Chakai, Jamui

Loader

19

Fulchand Saw

Chaman Saw

Sriramdih, Rajdhanawar, Giridih

Loader

20

Pankaj Saw

Ghanashyam Saw

Dadpur, Chouparan, Hazaribagh

Loader

21

Binod Yadav

Shova Mahato

Gadi Nawagarh, Rajdhanawar,

Giridih

Loader

22

Manteshwar Singh

Sadanand Singh

Karhi, Chakai, Jamui

Loader

23

Suresh

Vishwakarma

Rewet Vishwakarma

Rajdhanawar, Giridih

Loader

24

Yamuna Saw

Hiraman Saw

Rasoya Dhamana, Barhi Giridih

Loader

25

Arvind Kumar

Singh

Krishnadeo Singh

Jamua, Chakai, Jamui

Loader

26

Anuj Mandal

Laxmikant Mandal

Tupkadih, Balidih, Bokaro

Loader

27

Nemdhari Yadav

Beni Yadav

Newarikarma, Chouparan, Hazaribagh

Loader

28

Ankeshwar Mandal

Kashinath Mandal

Kandedih, Topchachi, Dhanbad

Loader

29

Dhirendra Singh

Basudeo Singh

Chirudih, Birni, Giridih

Loader

30

Basant Saw

Ghanashyam Saw

Dadpur, Chouparan, Hazaribagh

Lodder

31

Manoj KumarSingh

Doman Singh

Palmo, Gurngi, Giridih

Lodder

32

Anil Mandal

Ashutos Mandal

Jamuatand, Katrash, Dhanbad

Loder

33

Karambir Saw

Dasarath Saw

Igunia, Chouparan, Hazaribagh

Loader

34

Dinesh Kumar

Mandal

Basudeo Mandal

Mahtodih, Baniyadih, Giridih

Loader

35

Gulabi Singh

Mani Singh

Barkangango, Barkatha, Hazaribagh

Loader

36

Mahendar Ram

Madan Ram

Dumari, Chouparan, Hazaribagh

Loader

37

Arvind Kumar

Singh

Rajendra Pd. Singh

Ojhadih, Bengabad, Giridih

Loader

38

Rajdeo Lal

Bindeshwari Lal

Mokamo, Sariya, Giridih

Loader

39

Dalak Niranjan

Gupta

Laxmi Narayan Gupta

Bishunpur

Loader

40

Binod Yadav

Narayan Yadav

Sariya Rajdhanawar, Giridih

Loader

M/S SHIVAM TRSNSPORT COMPANY KATRAS ROAD, DHANBAD

41

Anand Saw

Rohan Saw

Purani Bazaar, Gomho, Dhanbad

Sardar

42

Ranjit Singh

Keshwar Singh

Nawagarh, Rajdhanawar, Giridih

Loader

43

Jaleshwar Ravidas

Sukhan Ravidas

Kashiyadih, Bagoder, , Giridih

Loader

44

Prabhu Singh

Suklal Singh

Bariyarpur, Pirtand, Giridih

Loader

45

Ghanshyam Pd.

Barma

Ram Chandra Barma

Bandkharo, Sariya Giridih

Loader

46

Tapwswar Kr.

Singh

Deb Narayan Singh

Ojhadih, Bengabad, Giridih

Loader

47

Ramdeo Ray

Govind Ray

Bandkharo, Sariya Giridih

Loader

48

Kapildeo Singh

Mit Narayan Singh

Chhachhando, Nimiaghat, Giridih

Loader

II

(ii)

2467

49

Jitendra Kr. Sinha

Kameshwari Pd.

Chino, Dumri, Giridih

Loader

50

Binod Singh

Raj Kumar Singh

Dharway, Gawan, Giridih

Loader

51

Akabar Ansari

Md. Rasul Ansari

Bandkharo, Sariya Giridih

Loader

52

Manoj Kr.

Upadhyay

Janardhan Upadhyay

Upar Bhaloja, Pirpeti, Bhagalpur

Loader

53

Sona Singh

Bundi Singh

Dharway, Gauan, Giridih

Loader

54

Jitendra Singh

Rasman Singh

Dharway, Gauan, Giridih

Loader

55

Rajesh Mandal

Santosh Mandal

Panchmohali, Kashipur, Purulia

Loader

56

Shiv Shankar

Tiwari

Krishna Pd. Tiwari

Rajapur, Nirsha, Dhanbad

Loader

57

Bharat Ram Bareth

Jankiram Bareth

Sonadula Malkharunda, Janjgirchampa

Loader

58

Surendra Kr.

Mahato

Sudama Mahato

Bandkharo, Sariya Giridih

Loader

59

Bhagirath Mandal

Prahallad Mandal

Simuldan, Nirsa, Dhanbad

Loader

60

Ashis Kr. Singh

Ambika Singh

Sikandarpur, Bousi, Banka

Loader

61

Sunil Singh

Sahadeo Singh

Bardar, Rajganj, Dhanbad

Loader

62

Amit Kumar

Balmukund Prasad

Patharbangla, Joraphokar, Dhanbad

Loader

63

Ranjit Mandal

Mohan Mandal

Matrukha, Baniyahir, Giridih

Loader

64

Deo Kumar

Chandra

Kushwa Ram Chandra

Khondhar, Damra, Janjgirchampa

Loader

65

Gopi Nath Tabedar

Diwakar Tabedar

Medha Chirkunda, Dhanbad

Loader

66

Bajrangi Ray

Amrit Ray

Banguan, Bengabad, Giridih

Loader

67

Ashok Gour

Dhanaw Ram Gour

Ram Nagar, Korwa, Janjgirchampa

Loader

M/S SHIVAM TRANSPORT COMPANY KATRAS ROAD, DHANBAD

1

Ajit Mandal

Kirtan Mandal

Dhaiya I.S.M Dhanbad

Loader

2

Arvind Kumar

Balmukund Prasad

Pathar Bangala, Jorapokhar, Dhanbad

Loader

3

Pappu Yadav

Narayan Yadav

Sinari, Rajdhanwar, Giridih

Loader

4

Kishori Yadav

Mahadeo Yadav

Pandey Dih Markacho, Bokaro

Loader

5

Sahadeo Sahi

Nim Nath Sahi

Kachansah, Bounsai, Banka

Loader

6

Babalu Kumar

Kedar Singh

Jamuniyatand, Simultala, Jammui

Loader

7

Yudhisthir Singh

Tori Singh

Chandara, Chandankiyari, Bnokaro

Loader

8

Ranjan Singh

Arjun Singh

Chandara, Chandankiyari, Bnokaro

Loader

9

Teklal Prasad

Yadav

Nomila Mahato

Badiya Bad, Bengabad, Bokaro

Loader

10

Manoj Rewani

Chandara Rewani

Baracharpa, Marmo Munda, Deoghar

Loader

11

Baneshwar Mahato

Sanu Mahato

Ramakunda, Topchachi, Dhanbad

Loader

12

Jai Prakash Singh

Deo Narayan Singh

Ojhadih, Bengabad, Giridih

Loader

13

Chandarsekher

Singh

Padampur Pandey, Pahat, Godda

Loader

14

Bundlal Singh

Dawarika Prasad

Singh

Ojhadih, Bengabad, Giridih

Loader

15

Sankar Dayal

Mistry

Tulshi Das Mistry

Pochari, Borora, Dhanbad

Loader

16

Santosh Kumar

Sign

Bahadur Singh

Boro, Pachamba, Giridih

Loader

17

Fakir Kapri

Moti Kapari

Dumathar, Chanam, Banka

Loader

2468

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

18

Rameshwar Yadav

Nanhku Yadav

Nayatand, Gyandey, Giridih

Loader

19

Fuleshwar Singh

Sita Singh

Yamunitand, Simultali, Jammui

Loader

20

Jai Prakash

Laltu Modi

Chhoti Kharakdiha, Bengabad,

Giridih

Loader

21

Pankaj Barma

Rup Narayan Barma

Luli Tori Mohanpur, Devghar

Loader

22

Deokinandan Yadav

Dulal Mahato

Artoka, Bengabad, Giridih

Loader

23

Chandra Kishore

Yadav

Banawari Yadav

Fatepur, Simultala, Jamui

Loader

24

Kameshwar Pd.

Yaday

Gokhul Yadav

Suija, Gandey, Giridih

Loader

BHARAT COKING COAL LIMITED

YAMUNIYA NADI CHAITA GHAT BALU SHARIMIK KA SUCHI

M/S BAJRANG TRANSPORT COMPANY, KATRAS GARH, RANI BAZAR, DHANBAD

1

Chinta Mani

Mahato

Laxmipur

Sardar

2

Chandramohan

Gope

Prahlad Chandra Gope

Mekura, Chandankiyari, Bokaro

Loader

3

Santosh Kumar

Bareth

Mahesh Ram Bareth

Laxmanpur, Baradawar,

Janjgirchampa

Loader

4

Binod Bihari Rajak

Adhor Chandra Rajak

Chirda, Chandakiyari, Bokaro

Loader

5

Gauri Rajwar

Darku Rajwar

Koradih Topchachi, Dhanbad

Loader

6

Manoj Singh

Bundi Singh

Cherwa Ganwa, Giridi

Loader

7

Kanhiya Bareth

Bhagarathi Bareth

Kumharikurdh, Baradawar,

Janjgirchampa

Loader

8

Manoj Kumar

Srivastav

Sahadeo Pd. Srivastav

Uppar Bazar, Ranchi Kotayali,

Ranchi

Loader

9

Vishnu Kumar

Hemantha Khapari

Babamundii, Nirsha, Dhanbad

Loader

10

Lekh Ram Chandra

Panch Ram Chandra

Khamardih, Jejepur, Janjgirchampa

Loader

11

Raju Rana

Baldeo Rana

Bagodih, Sariya, Giridih

Loader

12

Jagdish Saw

Laljeet Saw

Tetarhat, Halshi, Lakahisaraya

Loader

13

Bablu Rajak

Lalji Rajak

Khesmi Gomoh, Dhanbad

Loader

14

Ram Brichh Mistry

Sadho Rana

Nimadih, Ganawa Giridih

Loader

15

Chandra Sekhar

Kanwar

J R Kanwar

Darang, Paradawar, Janjgirchampa

Loader

16

Vikash Kumar

Tiwari

Nagendar Tiwari

Radhi Coloney, Mithan, Dhanbad

Loader

17

Rajendar Ram

Ram Prasad Ram

Ghurangdaghi, Jamuiya Giridih

Loader

M/S A.V.P. SINGH , BANIYAHIR, JHARIA, DHANBAD

1

Yugal mahato

Matha mahato

Baradih, giridih

Sardar

2

Nepal Singh

Bishwanath Singh

Damodarpur, gomho, Dhanbad

Loader

3

Falguni rajak

Pursottam rajak

Chirda, chandankiyari, bokaro

Loader

4

Sheo Kumar Bareth

Phul Nath

Dorang baradawar, janjgirchampa

Loader

5

Pawan Kr. Verma

Sanichar mahato

Chirda, Chandankiyari, Bokaro

Loader

6

Tarani Rajak

Gopal Rajak

Chirda, Chandankiyari, Bokaro

Loader

7

Md Ayub Ansari

Md Rafiq Ansari

Gunghusha, Gomo, Dhanbad

Loader

8

Bideshi Turi

Nanhku Turi

Manjahalidih Dumri Giridih

Loader

II

(ii)

2469

9

Laxami Narayan

Sandilya

Ram Sandilya

Baremurbar, Damra, Janjgirchampa

Loader

10

Kalachand Rajak

Adhir Chandra Rajak

Chirda, Chandankiyari, Bokaro

Loader

11

Ram Chandar

Baurnawal

Mahru Modi

Dumara, Baghmara, Dhanbad

Loader

12

Gopal Kumhar

Vishu Kumahar

Chandankiyari, Bokaro

Loader

13

Babulal Yadav

Soman Yadav

Saradih, Jammua, Giridih

Loader

14

Binod Kumar Karsh

Daduram Karsh

Malni, Jagepur, janjgirchampa

Loader

15

Lochan Mahato

Jhari Mahato

Khonadih, Borara, Dhanbad

Loader

16

Nand Gopal Singh

Rabi Singh

Mekura, Chandankiyari, Bokaro

Loader

17

Jayaul Rizbi

Md. Idrish Ansari

Mokamo, Sariya, Giridih

Loader

18

Ajoy Kumar

Sukrit Lal

Sonadula, Markharanda,

Janjirchampa

Loader

19

Shankar Prasad

Sitaram Prasad

2 No. Dungri More, Jamadobha,

Dhanbad

Loader

20

Pravin Kumar

Verma

Kishun Mahato

Isadih, Sariya, Giridih

Loader

21

Rup Lal Saw

Budhu Saw

Gujardih Nawadih, Bokaro

Loader

22

Sri Kant Ray

Jharilal Ray

Banmudi, Chirkunda, Dhnbad

Loader

23

Ghasiram Bareth

Shri Prakash Bareth

Amruwa, Saragawh, Jahangirchampa

Loader

24

Papap Kumar

Barma

Sahadeo Prasad Barma

Chandramarani, Sariya Giridih

Loader

25

Bhimlal Mahato

Meghlal Mahato

Khonathi, Barora, Dhanbad

Loader

26

Fulchand Mahato

Basu Mahato

Chandakiyari, Bokaro

Loader

M/S. ANIL TRANSPORT COMPONY KATRAS ROAD, DHANBAD

1

Madan Majhi

Chunu Manhi

Laxmipur, Hariharpur

Loader

2

Ram Dhani Rabidas

Bhushan Das

Lodwadh, Topchachi, Dhanbad

Loader

3

Ranjit Kumar Rajak

Kharakdhari Rajak

Mahadeotand, Chouparan Hazaribagh

Loader

4

Padum Lal Karsh

Sita Ram Karash

Malkhouranda, Janjgirchampa

Loader

5

Santosh Kumar

Singh

Chhatradhari Singh

Chirudih, Birni, Giridh

Loader

6

Tapan Ray

Manik Ray

Barmundi, Chirkunda, Dhabad

Loader

7

Basant Rajwar

Sisti Rajwar

Chandankiyari, Bokaro

Loader

8

Satish Modi

Teko Modi

Chandankiyari, Bokaro

Loader

9

Manoj Kumar

Gupta

Subha Prasad Gupta

Lodna, Jharia, Dhanbad Loader

10

Mahesh Singh

Bal Gobind Singh

Chirudih, Birni, Giridih

Loader

11

Manbodh Bareth

Nathuram Bareth

Sonadola, Malkhourandha,

Janjgirchampa

Loader

12

Banshi Mahato

Madho Mahato

Topchachi, Dhanbad

Loader

13

Manoj Yadav

Khoshi Yadav

Khirodh, Tishri, Giridih

Sardar

14

Gyanchand Mahato

Prem Chand Mahato

Gujardih, Nawadih, Bokaro

Loader

15

Vijay Ray

Laxman Ray

Chaitha, Gomho, Dhanbad

Loader

16

Dasarath Pd. Verma

Punit Mahato

Passna, Rajdhanawar, Giridih

Loader

17

Zabed Khan

Bikauha Khan

Chirkunda Dhanbad

Loader

18

Vikash Chandra

Mahato

Kartik Mahato

Rathtand, Topchachi Dhanbad

Loader

2470

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

19

Raju Singh

Dina Singh

Nawadih, Bokaro

Loader

20

Mantu Mistry

Bhagirath Mistry

Kishutand, Tishri, Giridih

Loader

21 Avhimanu Kumar

Ram Bachan Singh

Aamkuda, Maithan, Dhanbad

Loader

22

Somnath Chandra

Joshik Ramchandra

Kansha, Dabhara, Jahajirchampa

Loader

23

Ashok Mistry

Jabadi Mistry

Patna, Gawa, Giridih

Loader

24

Ram Sewak Singh

Hemlal Singh

Manaiya, Barkattha, Hazaribagh

Loader

25

Gopal Bouri

Jadu Bouri

Kamaliya, Maithan, Dhanbad

Loader

26

Arjun Mahato

Puran Mahato

Sahariyatand, Nawadih, Bokaro

Loader

THIKADAR :- M/S KHUTENTA TRANSPORT

1

Birendar Saw

Hardayal Saw

Purani Bazaar, Gomo, Dhanbad

Loader

2

Surendra Rana

Rameshwar Rana

Karihari, Hirodih, Giridih

Loader

3

Sahdeo Pd. Singh

Ghanshyam Singh

Hirapur, Tundi, Dhanbad

Loader

4

Raj Kumar Das

Chotan Das

Shyamdih, Katrash, Dhanbad

Loader

5

Pankaj Kumar

Saryu Pd. Mahato

Baliiya, Chandrapura, Bokaro

Loader

6

Rajesh Kumar

Yadav

Chando Mahato

Jhalbad, Rajdhanawar, Giridih

Loader

7

Arun Pandey

Chandrika Pandey

Nawadih, Markaccho, Koderma

Loader

8

Madhu Sudhan

Kr.Rana

Bashudeo Badhai

Nawadih, Berni, Giridih

Loader

9

Sudan Singh

Tulo Singh

Kamiyadih Tundi, Dhanbad

Loader

10

Ramdhani Sah

Sukhdeo Sah

Dulam Pu, R Chakai, Jamui

Loader

11

Deepak

Kr.Vishwararma

Choote Lal

Vishwakarma

Paysam, Birini, Giridih

Loader

12

Jawharlal Bareth

Sohanlal Bareth

Sukhada, Damara, Janjahirchampa

Loader

13

Pradeep

Vishwakarma

Pramod Vishwakarma

Phulwari, Topchachi, Dhanbad

Loader

14

Sandip Kumar

Gupta

Arjun Ram

Koiradih, Sariya, Giridih

Loader

15

Nagendra Bauri

Habu Bauri

Nutandih, Chandankiyari, Bokaro

Loader

16

Makindra Chouhan

Sri Ram Chandan

Chouhan

Khashjairamdih, Baghmara, Dhanbad

Loader

17

Bhukhal Singh

Atwari Singh

Kashiyatand, Barawadda, Danbad

Loader

18

Mahindra Pandit

Somar Pandit

Ojhadih, Bengabad, Giridih

Loader

19

Murlidhar Karsh

Rambali Karsh

Thuthi, Jaijaipr, Jahangirchampa

Loader

20

Babulal Mistry

Sukar Mistry

Gawaha, Giridih

Loader

21

Basudev Singh

Mahindra Pd. Singh

Hariharpur, Tundi, Dhanbad

Loader

22

Manahor Lal Yadav

Hori Lal Yadav

Chirahadih, Jaijaipur, Jahangirchampa

Loader

23

Labu Mahato

Bhartu Mahato

Khonathi, Baghmara, Dhanbad

Loader

24

Kishor Ram

Sahadeo Rewani

Gadhi, Srirampur, Giridih

Loader

25

Mahendra Nayak

Choba Nayak

Nawadih Giridih

Loader

26

Sumitra Ghosh

Subal Ghosh

Aayamkuda, Maithan, Dhanbad

Loader

27

Pantu Ray

Sahadeo Ray

Chandankiyari, Bokaro

Loader

II

(ii)

2471

M/S. BHARAT COKING COAL LIMITED

BARAKAR NADI BANTU BENDAR GHAT BALU SHARIMAK KA SUCHI

1

Sumu Soren

Lekho Soren

Palkara, Muraidih, Dhanbad

Sardar

2

Bhuneshwar Pandit

Bhairo Pandit

Ojhadih, Bengabad, Giridih

Loader

3

Kalu Chand Mandal

Munshi Ram Mandal

Meyjhaladih, Saraidhela, Dhanbad

Loader

4

Binod Kumar

Mandal

Bholanath Mandal

Telo, Nawadih, Bokaro

Loader

5

Dhaneshwar

Mandal

Girish Mandal

Paturukha, Beniyadih, Giridih

Loader

6

Bhim Ray

Vishan Ray

Dulam Pur, Chakai, Jamui

Loader

7

Pradish Kumar

Mandal

Jagdish Mandal

Pardha, Baliyapur, Dhanbad

Loader

8

Balram Mandal

Sarju Mandal

Telo, Nawadih, Bokaro

Loader

9

Ajay Kumar Yadav

Sri mangar Yadav

Naiytand, Gandey, Giridih

Loader

10

Manoj Singh

Dasarath Singh

Fatheypur, Bounshi, Banka

Loader

11

Binod Kumar Singh

Prabhu Singh

Chirudih, Birni, Giridih

Loader

12

Madhusudhan Singh Kumbkaran Singh

Pipratand, Barwadda, Dhanbad

Loader

13

Ganga Pd. Singh

Babulal Singh

Manjahiladih, Gadhi, Srirampur,

Giridih

Loader

14

Karmbir Singh

Sudan Singh

Kandara, Sindri, Dhanbad

Loader

15

Jivlal Mahato

Somar Mahato

Puranidih, Sariya, Giridih

Loader

16

Suresh Rewani

Indra Rewani

Barwadih, Hariharpur, Gomo, Dhan.

Loader

17

Mahendra Singh

Bharat Singh

Baghnal, Sariya, Giridih

Loader

18

Madhu Goswami

Shambhu Gowswami

Barwadih, Hariharpur, Gomo, Dhan.

Loader

19

Ram Kishore

Kumar

Narayan Mahato

Parachidiha, Jamuwa, Giridih

Loader

20

Rajesh Ravidas

Naresh Ravidas

Dholatand, Baghmara, Dhanbad

Loader

21

Rajesh Rabidas

Panchanand Ravidas

Thakurchack, Nimiyaghat, Giridih

Loader

22

Pahalwan Singh

Baijnath Singh

Damodarpur, Hariharpur, Gomo, Dha

Loader

23

Madan Gope

Durga Gope

Mahuwatand, Bengabad, Giridih

Loader

24

Pradip Singh

Sri Ram Pd. Singh

Manjahiladih, Gadhi, Srirampur,

Giridih

Loader

25

Satnarayan Lal

Mahato

Lalu Ram Mahato

Kamata, Topchachi, Dhanbad

Loader

26

Pradip Kumar

Manic Mahato

Bandkharo, Sariya Giridih

Loader

27

Prakash Chand

Mahato

Jitendra Pd. Mahato

Kamata, Topchachi, Dhanbad

Loader

28

Kamal Saw

Baldeo Saw

Barajori, Rajdhanwar Giridih

Loader

29

Hiralal Mahato

Nandu Mahato

Khonathi, Baghmara, Dhanbad

Loader

30

Rakesh Singh

Suresh Singh

Kardi, Chackhi, Jamui

Loader

31

Surendar

Vishwakarma

Rewet Vishwakarma

Jamreddy, Dhanwar, Giridih

Loader

32

RajKumar Singh

Bhuneshwar Singh

Jamuwa, Chackai, Giridih

Loader

33 Manoj

Vishwakarma

Baidhnath

Vishwakarma

Jhanja, Rajdhanawar, Giridih

Loader

34

Sudhamay Mandal

Hashu Mandal

Kalimati, Chirkunda, Dhanbad

Loader

35

Haripad Mandal

Bhola Mandal

Telo, Nawadih, Bokaro

Loader

2472

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

36

Anup Kumar Singh

Mahesh Pd. Singh

Choudhary

Chutiyaro, Barawadda, Dhanbad

Loader

37

Raj Kumar

Hembram

Anand Hehbram

Balidih, Bokaro

Loader

38

Surendar Kumar

Mandal

Prahalad Mandal

Kheshmi, Topchachi, Dhanbad

Loader

39

Kishnath Manjhi

Phool Chand Manjhi

Balidih, Bokaro

Loader

40

Ajit Mandal

Radhanath Mandal

Bda, Satudih, Puruliya

Loader

41

Mahendra Pd,

Singh

Jaldhari Singh

Hirapur, Tundi, Dhanbad

Loader

42

Jay Nath Manjhi

Ful Manjhi

Balidih, Bokaro

Loader

43

Dilip Modak

Haripad Modak

Singh daha, Topchachi, Dhanbad

Loader

44

Meghan Dangi

Lekho Mahto

Dadpur, Chouparan, Hazaribagh

Loader

45

Mahendar Yadav

Dharm Yadav

Jhumari Koderma, Koderma

Loader

46

Bhagirath Mandal

Beni Mandal

Chaita, Gomo, Dhanbad

Loader

47

Binod Dangi

Bhuneshwar Dangi

Dadpur, Chouparan, Hazaribagh

Loader

48

Inder Singh

Sibu Singh

Pipara, Barawadda, Dhanbad

Loader

49

Sanjay Singh

Prabhu Singh

Chirudih, Birni, Giridih

Loader

50

Jagdeo Rana

Latho Rana

Lebari Karma, Chouparan H. bagh

Loader

51

Raj Kishore Gupta

Ram Das Saw

Merchi Khurd, Itkhori, Chatra

Loader

52

Surendra Singh

Rajwanshi Singh

Chirudih, Birni, Giridih

Loader

53

Badri Singh

Arjun Singh

Siyatand, Simualtala, Jamui

Loader

54

Nitai Mandal

Panchanand Mandal

Gunghusha, Gomho, Dhanbad

Loader

55

Bittu Kumar

Badari Saw

Singh rawa, Chouparan, Hazaribagh

Loader

56

Pintu Kumar

Surajdeo Singh

Siyatand, Simualtala, Jamui

Loader

57

Janardan Mahato

Somar Mahato

Salahidih, Birni, Giridih

Loader

58

Hiralal Rajwar

Kartik Rajwar

Chandan Kiyari, Bokaro

Loader

59

Kari Singh

Dilo Singh

Kalahawar, Dumari, Giridih

Loader

60

Sonaram Mahato

Somar Mahato

Chaita, Hariharpur, Gomho, Dhan.

Loader

61

Santu Ray

Sahadeo Ray

Chandan Kiyari, Bokaro

Loader

62

Nunu Lal Manjhi

Shyam Manjhi

Laxmipur Gomho Dhanbad

Loader

63

Prakshit Modi

Ghashiyaram Modi

Chandan Kiyari, Bokaro

Loader

64

Gobind Pandey

Prabhash Pandey

Chaita Gomho, Dhanbad

Loader

65

Ajay Vishwakarma

Churaman

Vishwakarma

Borotand, Birini, Giridih

Loader

66

Mohan Mandal

Akalu Mandal

Chaita Gomho, Dhanbad

Loader

67

Kuldip Saw

Aghanu Saw

Gujardih, Nawadih, Bokaro

Loader

68

Nirmal Singh

Laxman Singh

Kalhabara, Dumari, Giridih

Loader

69

Indralal Mahato

Jodhi Ram Mahato

Kherabeda, Gomho, Dhanbad

Loader

70

Ashok Kumar

Yadav

Ram Yadav

Chhakilohana, Brahampur, Bakshar

Loader

71

Sri Ram Manjhi

Raju Manjhi

Laxmipur, Gomo, Dhanbad

Loader

72

Parshuram Singh

Moti Singh

Ghergaw, Koderma

Loader

73

Vijay Kumar

Sharma

Babulal Vishwakarma

Jharkhi, Saranda, Giridih

Loader

74

Manoj Kumar

Yadav

Hareram Yadav

Chaki, Lohawa, Brahmpur, Bakshar

Loader

75

Mansha Rajwar

Badari Rajawar

Maharagang, Tundi, Dhanbad

Loader

II

(ii)

2473

BARAKAR NADI KE LUKAIYA GHAT BALU KHADAN KE SRAMIK KI SUCHI

1

Rajendar Pd.

Baurnwal

Mahadeo Pd.

Baurnwal

Jaridih, Giridih

Munshi

2

Prahalad Modi

Babulal Modi

Manodih, Giridih

Loader

3

Rajesh Ravidas

Tulshi Ravidas

Shyamenglaststationpada, Baurdawan

Loader

4

Raju Ravidas

Moji Ravidas

Telo, Bokaro

Loader

5

Suresh Kumar Das

Sewa Ravidas

Latweda, Giridih

Loader

6

Dharmendar

Paswan

Kailash Paswan

Youkhadi, Munger

Loader

7

Sahadeo Das

Shukan Das

Muraidih, Barorara, Dhanbad

Loader

8

Mahadeo Das

Shukan Das

Muraidih, Barorara, Dhanbad

Loader

9

Shankar Pd.

Ravidas

Hari Pd. Ravidas

Shyalanga, Kulti, Baurdwan

Loader

10

Mahesh Pd.

Baurnwal

Banwarilal Modi

Kamayadih, Koderma, Hazaribagh

Loader

11

Subash Pd.

Baurnwal

Ishwar Pd. Baurnwal

Bhandaro, Giridihi

Loader

12

Tribhuwan Pd.

Baurnwal

Ishwar Pd. Baurnwal

Bhandaro, Giridihi

Loader

13

Laldeo Paswan

Raghunath Paswan

New Coloney, Muraidih, Dhanba

Loader

14

Suresh Das

Hanuman Das

Junkudar, Chirkunda, Dhanbad

Loader

15

Dhanu Das

Masha Das

Phulwar, Katrash, Dhanbad

Loader

16

Kailashwar Modi

Dumara, Baghmara, Dhanbad

Loader

17

Ashok Pashwan

Prayag Paswan

Mandara, Nawagadh, Dhanbad

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18

Ganesh Pd. Sharma

Kamalkant Sharma

Matigada, Nadkhurki, Dhanbad

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19

Amar Kumar Singh

Tara Pd. Singh

Nitchpur, Katrashbazar, Dhanba

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20

Nandlal Sharma

Kailash Sharma

Matigada, Nadkhurki, Dhanbad

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21

Suresh Yadav

Shivajee Yadav

Matigada, Nadkhurki, Dhanbad

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22

Ashok Kumar

Shrivastav

Badho Lal

C/O A.K.Singh Matigadh, Dhanbad

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23

Shri Kant Kumar

Shina

Ram Chandra Lal

C/O A.K.Singh Matigadh, Dhanbad

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24

Gobind Mahato

Ganesh Mahato

Patarakuli, Dugdha, Giridih

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25

Jetho Mahato

Ramcharan Mahato

Beltand, Dugdha, Giridih

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26

Janga Ram Mahato

Chaman Mahato

Patarakuli, Dugdha, Giridih

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27

Sailash Kumar

Prabhudat Sharma

Karmatand, Dugdha, Giridih

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28

Anil Kumar Singh

Ram Pd. Singh

Manikapur, Gopalgang

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29

Arun Kumar Singh

Pradip Singh

Nayatola, Sahebgang, Chappra

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30

Nawal Kishore

Singh

Vindhanchal Singh

Mahamada, Chappra

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31

Sanjeev Pd. Singh

Ayodhaya Pd. Singh

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32

Balmukund Ram

Ram Sarup Kahar

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33

Ranjit Rewani

Manohar Rewani

Udaypur, Barwadda, Dhanbad

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34

Bisheshwar Rewani

Manohar Rewani

Udaypur, Barwadda, Dhanbad

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35

Sakaldeo Rewani

Lakhan Rewani

Udaypur, Barwadda, Dhanbad

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36

Dinesh Pd.

Shiv Charan Ram

Udaypur, Barwadda, Dhanbad

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

37

Arjun Pd. Kushwah

Sanichar Mahato

Bakaradih, Bagodar, Giridih

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38

Ganga Pd. Sinha

Dwarika Prasad Lala

Dimra, Hazaribagh

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39

Rajendra Pd.

Ishwar Mahato

Chandramarani, Sariya, Giridih

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40

Fagu Yadav

Budhan Gope

Ghorwari, Sariya, Giridih

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41

Arjun Pd. Verma

Mahadeo Mahato

Dainabad, Markaccho, Giridih

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42

Rajendra Pd.

Diwakar

Sanichar Mahato

Bakaradih, Bagodar, Giridih

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43

Dharmchandra

Yadav

Khemchandra Yadav

Ghorwari, Sariya, Giridih

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44

Ranjit Kumar

Verma

Nemchand Pd. Verma

Koimara, Giridih

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45

Bhuneshwar

Mahato

Sito Mahato

Singh adaha, Giridih

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46

Sajan Singh

Taleshwar Singh

Mokamo, Giridih

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47

Bulaki Mistry

Janaki Mistry

Nawagadchatti, Giridih

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48

Dwarika Rana

Janaki Mistry

Nawagadchatti, Giridih

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49

Sunil Rana

Dwarika Rana

Nawagadchatti, Giridih

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50

Prabhu Ravidas

Babulal Ravidas

Jagdishpur, Giridih

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51

Ravindranath

Chandra

Khudiram Chandra

Chandankiyari, Bokaro

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52

Deepak Sen

Haripad Sen

Marapari, Bokaro

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53

Badal Sen

Harendra Sen

Marapari, Bokaro

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54

Vijay Kumar

Chandra

Khudiram Chandra

Marapari, Bokaro

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55

Ashit Kumar

Chandra

Khudiram Chandra

Marapari, Bokaro

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56

Amit Kumar Dey

Naw Kumar Dey

Marapari, Bokaro

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57

Bablu Modi

Chitranjan Modi

Marapari, Bokaro

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58

Uttam Kumar Dey

Ramkrishna Dey

Marapari, Bokaro

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59

Dhrist Kumar

Chandra

Ashutosh Chandra

Marapari, Bokaro

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60

Guljar Anshari

Abdul Khatir Anshari

Kalipur, Pochari, Dhanbad

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61

Abdul Jabar Ansari

Suleman Anshari

Kalipur, Pochari, Dhanbad

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62

Ureman Ansari

Mohamad Ansari

Agardih, Bokaro

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63

Ahmad Hussian

Akhatar Hussian

Jharia, Dhanbad

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64

Md.Anjar Hussian

Anwar Hussian

Jharia, Dhanbad

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65

Md. Shamid Ansari

Akthar Hussian

Jharia, Dhanbad

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66

Kishori Kumar

Sharma

Doga Rana

Taratand, Giridih

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67

Ashok Pd.

Kushwaha

Prem Chand Mahato

Barsundhi, Giridih

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68

Ajit Kushwaha

Prem Chand Mahato

Barsundhi, Giridih

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69

Narayan Rana

Prasadi Rana

Tekotand, Giridih

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70

Mayauddin Anshari

Khetu Miya

Kalianpur, Dhanbad

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71

Kumar Gaurav

Tikaith Mahato

Barwatand, Tundi, Dhanbad

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73

Hiralal Singh

Hari Shankar Singh

Gopalpur, Katrash, Dhanbad

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74

Harjit Singh

Hari Shankar Singh

Gopalpur, Katrash, Dhanbad

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75

Md. Jakir Ansari

Muslim Miya

Muraidih, Barora, Dhanbad

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76

Basudev Manjhi

Ramdhan Manjhi

Satanpur, Bokaro

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77

Mangal Manjhi

Surjan Manjhi

Shyampur, Bokaro

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78

Raj Kumar Soren

Haradhan Manjhi

Shyampur, Bokaro

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79

Satyanarayan

Manjhi

Somar Manjhi

Jainabashti, Bokaro

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80

Manoj Murmur

Sayamlal Manjhi

Bishunpur, Dhanbad

Sardar

81

Sunil Manjhi

Surjan Manjhi

Shyampur, Bokaro

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82

Chandramohan

Soren

Haradhan Soren

Shyampur, Bokaro

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83

Babuchand Soren

Samara Manjhi

Jainabasti, Bokaro

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84

Anil Soren

Surjan Manjhi

Sayampur, Bokaro

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85

Chandrasekhar

Manjhi

Samara Manjhi

Jainabasti, Bokaro

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86

Dinesh Murmur

Sayamlal Murmu

Bishnapur Dhanbad

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87

Sukhdeo Pd.

Kushwaha

Kunjbihari Mahato

Nawagadhchatti, Giridih

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88

Anil Rana

Jitan Rana

Nawagadhchatti, Giridih

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89

Binod Kumar

Munna pd. Tamoli

Haydernagar, Palamu

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90

Kishun Paswan

Budhan Paswan

Gomiya, Bokaro

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91

Kishori Mistry

Vanshi Mistry

Mirjaganj, Giridih

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92

Aman Kumar

Nirmal Prasad

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93

Ramdeo Mistry

Manger Mistry

Nawagadhchatti, Giridih

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94

Ravi Kumar

Manohar Chourashiya

Nosha, Mode, Patna

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95

Anand Kumar

Jarjan Yadav

Newcoloney , Dhanbad

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96

Gaya Shankar

Yadav

Kedarnath Yadav

Puranabazar, Dhanbad

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97

Chotu Kumar

Ashok Prasad

Youmadi, Gaya

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98

Prakash Kumar

Magedhiya

Rambharosh Prasad

Dahuram, Gaya

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99

Guddu Kumar

Lakhan Prasad

Dobhi, Gaya

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100

Ganesh Pd. Saw

Sarowar Saw

Naya Bazaar, Lakhisaray

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101

Kapil Tamoli

Rajendra Pd. Tamoli

Jamena, Gaya

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102

Sakil Ahmad

Hazi Ishlam Ahmad

Bhuiya, Chitro, Dhanbad

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103

Bibhas Kumar

Vindhaychal Kumar

Vishnapur, Godda

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104

Gautam Kumar

Vindhaychal Kumar

Vishnapur, Godda

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105

Alok Kumar Singh

Gopal Pd. Singh

Barkop, Godda

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106

Rajdip Rajak

Ganesh Rajak

Mahijam, Jamtada

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107

Tapan Murmur

Karamchand Murmur

Dharampur, Jamwada, Puruliya

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108

Satyawan Murmur

Permashwar Murmu

Dharampur, Jamwada, Puruliya

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109

Binod Kumar

Manjhi

Suphal Manjhi

Narkera, Bokaro

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110

Siyaram Bhuiya

Phuleshwar Bhuiya

Bhatdih, Mahuda, Dhanbad

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111

Manoj Kumar

Bhuiya

Bhawan Bhuiya

Chhatabad, Katrash, Dhanbad

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112

Bibhakar Hanshad

Motilal Hanshad

Kakidih, Singbhum

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113

Mukesh Das

Sahadeo Das

Muraidih, Dhanbad

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

114

Sikandar Saw

Suraj Saw

Pandeydih, Koderma

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115

Rameshwar Yadav

Kali Yadav

Bangaiya, Koderma

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116

Kapildeo Kumar

Ram Bilash Prasad

Afjaldigaha, Nalanda

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117

Laljit Saw

Gopichand Saw

Gajhandi, Bokaro

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118

Santosh Yadav

Chutu Yadav

Teytaryadih, Dokoderma

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119

Pravin Kumar Jha

Durga Nand Jha

Dhanbad

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120

PraphulKumar Jha

Durga Nand Jha

Dhanbad

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121

Niraj Shiwastav

Mewaram Shriwastav

Dhanbad

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122

Mamta Devi

Tribhuwan Mahato

Nawagadhchatti, Giridih

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123

Shanti Devi

Kishori Prasad Sharma

Tara, Giridih

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124

Pappu Mistry

Wakil Mistry

Choubey, Hazaribagh

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125

Wakil Pandit

Parmeshwarpandit

Belatand, Giridih

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126

Payrelal Pandit

Dwarika Pandit

Belatand, Giridih

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127

Suresh Kr

Choudhary

Harishchandra

Choudhary

Bandkharo, Giridih

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128

Rewat Gope

Manger Gope

Dhobari , Sariya, Giridih

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129

Sushila Devi

Sunil Prasad

Dhobari , Sariya, Giridih

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130

Parvati Devi

Sahadeo Mistry

Nawagadhchatti, Giridih

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131

Saraswati Kumari

Haricharan Mahato

Pipraiya, Chapara

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132

Bharti Kumari

Krishna Prasad Tamoli

Kashmar, Pratappur, Chatra

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133

Puspa Devi

Sanjeev Kumar

Tamoli

Saraidhela, Dhanbad

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134

Roshan Lal Mahato

Gujardih, Bokaro

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135

Hira Devi

Sharawan Tamoli

Sataiya, Chatra

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2.

The case is received from the Ministry of Labour on 06.07.1992. After receipt of reference, both Parties are

noticed, Thereafter the management files a writ petition before the Hon’ble High Court bearing No. CWJC 2698/92

(R) which was dismissed vide order dated 4.02.93, it was challenged before the Hon’ble Supreme Court bearing No.

SLP (Civil) No. 3850/93 which was also dismissed.

3.

Thereafter the Sponsoring Union files their written statement on 21/24.02.1997 and the management also files

their written statement-cum-rejoinder on 06/07.08.1997. Rejoinder and document also filed by the parties. Four

witnesses examined on behalf of the workman/Sponsoring Union and one withess examined on behalf of the

Management. Documents of management is marked M-1 to M-6 as exhibit. But no document marked on behalf of the

Sponsoring Union.

4.

The case of the Sponsoring Union is that the management pf M/S BCCL requires sand for stowing purpose in

their collieries after complete excavation coal from the coal seam if the gap created by extraction of coal is not filled up

by non cabnegeous materials. There may be heavy subsidence and also risk of spontaneous combustion leading to

spreading of fire in caol seam. It is therefore necessary to fill this gap by sand which is sent to these excavation of

mixing the sand with water and this process is turned as stowing . Thus sand is the essential part for mining purposes.

The management has several collieries in the district of Dhanbad from where several tonnes of coal is extracted daily.

Thus the management has requires a big quantity of sand for their collieries.

5.

It is further submitted by the Sponsoring Union that the availability of sand is found in the neighbouring river

beds. The Damodar River bed, Barakar river bed, Jamunia river bed, Khudia river bed and other river beds which are

available in the district of Dhanbad and Burdwan are the source of sand for the said estowing purposes. These reiver

beds are under the control of the State of Bihar now in Jharkhand and the State grants all mining lease for excavation

and use of these minerals, as the management taken mining lease of several Ghats in those river beds. There are also

several private mining lease of different persons for realising royalty from the user of sand from such river beds.

6.

It is also submitted by the Sponsoring Union that the management of Bharat Coking Coal Ltd requires sand and

they engaged several workmen for the job of excavation of sand from the sand beds and to load it in the truck of the

transporters engaged by the management and they being paid by the management. But the wages of workmen were not

II

(ii)

2477

regularised by the management of M/S BCCL . The workmen of some sand Ghats represented by Sponsoring Union

made representation before the management for realisation of their services and payment of wages according to the

NCWA as well as other statutory benefits. But the demand were not attended by the management . The above process

of escavation of sand and loading is being done through contractors but the fact that these workmen are really

workmen of the management of M/S BCCL in order to shirk their responsibilites to ensure proper wages to these

workmen, they are not accepting the workmen.

7.

It is further submitted by the Sponsoring Union that the management have deployed these concerned workmen

for escavation and collection of sand from the river beds commonly known as river sand loaders and for loading of

sand into the truck for transportation of the same to their collieries . Therse workmen are engaged in mining

excavation, so that they cannot be treated as employees of Contractor as the concerned contractor for transportation of

sand have no lincence in this connection and therefore in absence of such licence the concerned workmen are the

workmen of principal employer and thus there is relationship of employer and employee relationship in between the

management and the concerned workmen.

8.

The concerned workmen are know as reiver bed loaders who are continously working since 1977 under the

supervision and control of the officers deputed by the management and on several points of the said river beds.

The grievance of the workmen also supported by the then Dy Commissioner of Dhanbad when he found that the

concerned workmen were not given proper wages. The Deputy Commissioner (C) Dhanbad look into the matter and

by his letter dated 18.08.89 replied to the request of the Dy. Commissioner Dhanbad and said that M/S BCCL is the

Principal employer of the concerned workmen. Therefore it is crystal clear that taking advantage of poor workmen,

the management have indulged their right to dispose of their absorption as real workmen. Hence the action of the

management to refuse these workmen with the status of their own workmen is not proper and justified.

9.

On the other hand the case of the management is that the present refereence is not legally maintainable as no

employer employee relationship exists between the management and the concerned person, thay have no right to raise

any Industrial Dispute against the management as the present reference is vague and indefinite.

10.

It is submitted by the management that the sand Transport contractors are called supplier of material into the

establishment of M/S BCCL. The contractor engaged for supply of sand or articles of manufacture to the estalishment

is an excluded group of contractor from the purview of engagement of contractor labour in ny establishment.

A Contractor always means a person who undertake to produce given result by engaging contract labour in the

establishment. A mere supplier of material and goods is not a contractor and the workmen deployed by such persons in

the course of laoding and unloading of goods for supplying the same to an establishment cannot be said to be contract

labour for producing any result in the establishment.

11.

It is also submitted by the management that the collection of sand from the river bed and loading the same into

trucks or dumpers and transporting the same to the colliery bunker will not amount to working in the mine. On the

basis of their own assertion that some of them were deployed by sand Transport Contractors, it is well established that

they are not the workmen of the mine. Its demand for employment of some of its member who happened to work

under some sand transport contractors in the process of gathering sand from river beds is not proper.

12.

It is also submitted by the management that tender notice are issued innting sealed tender from established

transport contractors capable of transporting sand of minimum fixed quantities in a year from various river ghats of

Damodar, Barakar, Jamuni as well as from ropeway dumps to the colliery bunkers. Rates are required to be quoted in

rupee per Cubic Metre for loading unloading and transportation form the Ghat to the colliery bunkers. Thus the

contractors have to do all acts for supplying sand at the colliery bunker at the agreed rates per cubic meter of sand

supplied to the company. It is a contract for supply of material for outside palce to the coal mines.

13.

It is further submitted that the tender committee are formed for opening the sealed tender and submitting the

report recommending the names of the transport contractor alongwith the rates quoted by them and the proposed rates

to be accepted for different ghats of different rivers and the committee takes into account the various factors while

finalising the rates for loading unloading and transporting up to the colliery bunker and submits the recommendation to

the competent autority. Then the competent autority finalise the parties as well as rates and work order is issued in

favour of the parties for supplying sand to different collieries. The contractor is required to ensure proper payment of

wages and all benefits as per the provisions and laws applicable to engagement of labour by such persons and also

ensure medical facilities to the workers engaged by them. They are also required to pay all legal dues and dispose all

their labour engaged by them after termination of the contract.

14.

The contractor engaged in supply of sand is required to engage its own trucks or may hire the trucks from

others but becomes fully responsible for all consequences in case of hired trucks. The contractors employ its

agents/representative to supervise all the jobs connected with gathering, loading, transporting and unloading of sand

and such agent in the absence of the contractor. The conctractor becomes liable for payment of all taxes, cess and

2478

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

royalties and becomes responsible for supplying all meterials, tools equipements to its staff and labour engaghed by

him and is responsible for all payment to the workers engaged by him. It is quite but natural for village labour to

demand for their employment in the coal industry. Hence the demand by sponsoring Union is not proper.

15.

The reference is as to the workmen concerned are the employee who are to be regularised as workmen in

M/s. BCCL or not.

16.

The case of the workman that they were engaged by BCCL to fill sand in the void of the mines, where coal

have been extracted. Their further case is that they were extracting sand from river bed loaded in trucks which was

coming to mine site, for filling of the void.

17.

On the other hand the management says that they engaged contractors who engaged their employees and doing

that work and the contractor takes payment, and there is no employer employee relationship between the workmen

and the BCCL though, the workman rendered services.

18.

The further case of the management is that the all the names of the workmen was not in the reference, and fake

persons might have come to makes back door entry to the company, if any order of regularisation is made.

19.

It appears from the record that at the time of reference order received from the ministry, the names of the

workman is not recieved and the case proceed from here to Apex Court. During pendency of the case point mentioned

by the parties that list of workmen is not enclosed with order of reference therefore after asking to the ministry, the list

of workmen received by the Tribunal on 08.07.2013. On perusing of the record and names of workmen it is ordered

to file identity proof of 1751 workmen but the sponsoring Union files only 1251 names and their photographs. It is also

submited by the sponsoring Union that now claims for only 1251 workmen out of 1751, before this Tribunal.

20.

In this case, on behalf of the workman four witnesses have been examined but their evidence is contrary to each

other and prevaricating. Some says that they have been engaged by the management and some says that they were

working under contractors. They further say, that they have no appointment letter and they have no identity card,

issued either by the contractor or by the management though presently they have filed their photograph of 1251 Nos.

workmen only.

21.

As per Cross examination of WW-4, some part of cross-examination is quoted below:-

Xxxxx

“I have gone through the tender, the agreement and other documents connected with the transporters

filed in the present case. It is a fact that prior to engaging the contractor for the sand transportation,

tender were being invited and after acceptance of the tender the contract was awarded.”

xxxxx

22.

Cross examination of WW-3, some part is quoted below:-

Xxxxx

“I have got no paper to show that I was appointed by BCCL. I have got no paper to show that we were

appointed by Agrawal Transporter. We have not filed those paper which are in our possession to show that we

were working there. We have got no order to show that the official of BCCL had been given direction to us

regarding loading of sand.”

XXXXX

23.

Sri Chintamani mahto as WW-1 say in cross-examination “that we have got no appointment letter and we

were orally appointed by the owner of Ashok Transport. I do not know the full name of owner. He also says

that every Sunday the munshi of Ashok Transport used to make us payment of wages through Kachha

Voucher. To my Knowledge no muster roll register was being maintain by the munshi of Ashok Transport. Nor

he used to maintain payment sheet. he also says that no pass issued to us, rather only challan was being issued

to the driver of the truck on the strength of which the truck was allowed to be entered into the colliery premises.

He also says that I cannot says the union which has raised this dispute, has been registered or not.”

24.

On perusal of all evidence and document, It is not possible to know whether they were engaged by the

contractor or the management. Management flatly denied that the workmen concerned are not their employee and they

have doubt that they worked for filling of sand.

25.

The union at the time of conciliation, have not given the names of all the workmen or their identity. The cross-

examination of WW-4 & WW-1 is very much material, that they are admitted that tender invited and after acceptance

of tender contract awarded, they are also say that we are only contractor workmen and no gate pass or identity card

issed to us and payment was made through Kachha voucher. Hence it is presumed that there is not employer employee

II

(ii)

2479

relationship exist. Therefore it is not possible to know, as to whether the workmen were engaged by the management

or contractor.

26.

It is admitted by the Sponsoring Union in Para 15 of Written statement, that all concerned workmen are

working since 1977, it means now all workmen are about 60 years of age. This being the situation this Tribunal is

unable to give any relief to the workmen.

27.

Considering the facts and circumstances of this case, I hold that the demand of Gramin Vikash Shramik Sangh

for treating Shri Hemlal Mahto and 1750 others workers as employers of M/S Bharat Coking Coal Ltd. and payment to

them wages at the rate-fixed under National Coal wages Agreement is not justified, Accordingly they were not entitled

to get any relief.

This is my award.

R. K. SARAN, Presiding Officer

—

17/09, 18/09, 20/09, 21/09, 22/09, 23/09, 24/09, 25/09, 26/09, 27/09, 28/09, 29/09, 30/09, 36/09, 37/09, 40/09,

41/09, 42/09, 45/09, 46/09, 47/09, 48/09, 49/09, 50/09, 51/09, 52/09, 53/09, 82/09, 83/09, 84/09, 85/09, 86/09,

87/09, 100/09, 101/09, 102/09, 103/09, 104/09, 105/09, 106/09, 107/09, 108/09, 109/09, 1/10, 2/10, 3/10, 4/10,

5/10, 6/10, 22/10

2480

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

New Delhi, the 19th April, 2017

S.O. 1094.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (CGIT/LC/R/38/2009, 17/09, 18/09, 20/09, 21/09, 22/09, 23/09, 24/09,

25/09, 26/09, 27/09, 28/09, 29/09, 30/09, 36/09, 37/09, 40/09, 41/09, 42/09, 45/09, 46/09, 47/09, 48/09, 49/09,

50/09, 51/09, 52/09, 53/09, 82/09, 83/09, 84/09, 85/09, 86/09, 87/09, 100/09, 101/09, 102/09, 103/09, 104/09,

105/09, 106/09, 107/09, 108/09, 109/09, 1/10, 2/10, 3/10, 4/10, 5/10, 6/10, 22/10) of the Central Government

Industrial Tribunal-cum-Labour Court, Jabalpur as shown in Annexure, in the industrial dispute between the

employers in relation to the Sr. General Manager, Vehicle Factory, Jabalpur and their workman, which was received

by the Central Government on 17.04.2017.

[No. L-14011/31/2008-IR (DU),

No. L-14011/17/2008-IR (DU),

II

(ii)

2481

No. L-14011/16/2008-IR (DU),

No. L-14011/14/2008-IR (DU),

No. L-14011/13/2008-IR (DU),

No. L-14011/27/2008-IR (DU),

No. L-14011/26/2008-IR (DU),

No. L-14011/28/2008-IR (DU),

No. L-14011/23/2008-IR (DU),

No. L-14011/24/2008-IR (DU),

No. L-14011/25/2008-IR (DU),

No. L-14011/19/2008-IR (DU),

No. L-14011/22/2008-IR (DU),

No. L-14011/18/2008-IR (DU),

No. L-14011/29/2008-IR (DU),

No. L-14011/30/2008-IR (DU),

No. L-14011/33/2008-IR (DU),

No. L-14011/34/2008-IR (DU),

No. L-14011/35/2008-IR (DU),

No. L-14011/10/2009-IR (DU),

No. L-14011/9/2009-IR (DU),

No. L-14011/8/2009-IR (DU),

No. L-14011/2/2009-IR (DU),

No. L-14011/3/2009-IR (DU),

No. L-14011/4/2009-IR (DU),

No. L-14011/5/2009-IR (DU),

No. L-14011/6/2009-IR (DU),

No. L-14011/7/2009-IR (DU),

No. L-14011/22/2009-IR (DU),

No. L-14011/23/2009-IR (DU),

No. L-14011/24/2009-IR (DU),

No. L-14011/25/2009-IR (DU),

No. L-14011/20/2009-IR (DU),

No. L-14011/21/2009-IR (DU),

No. L-14011/31/2009-IR (DU),

No. L-14011/39/2009-IR (DU),

No. L-14011/38/2009-IR (DU),

No. L-14011/35/2009-IR (DU),

No. L-14011/34/2009-IR (DU),

No. L-14011/37/2009-IR (DU),

No. L-14011/36/2009-IR (DU),

No. L-14011/40/2009-IR (DU),

No. L-14011/33/2009-IR (DU),

No. L-14011/32/2009-IR (DU),

No. L-14011/48/2009-IR (DU),

2482

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

No. L-14011/44/2009-IR (DU),

No. L-14011/46/2009-IR (DU),

No. L-14011/47/2009-IR (DU),

No. L-14011/49/2009-IR (DU),

No. L-14011/50/2009-IR (DU),

No. L-14011/45/2009-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/38/2009, 17/09, 18/09, 20/09 to 30/09, 36/09, 37/09, 40/09 to 42/09, 45/09 to 53/09,

82/09 to 87/09, 100/09 to 109/09, 1/10 to 6/10 & 22/10.

General Secretary,

Ayudh Nirmani Vahan Chaalak Sangh,

MP Zone, Qr.No. 2287/A, New Type-II,

Sector-I, VFJ, Jabalpur

…Workman/Union

Versus

Sr.General Manager,

Vehicle Factory,

Jabalpur

…Management

AWARD

Passed on this 25th day of November, 2016

1.

(1)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/31/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri S. Naushad, Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(2)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/17/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Raj Kumar, Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(3)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/16/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Fateh Singh , Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(4)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/14/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri H.R.Tiwari, Fireman-I, Fire Brigade

II

(ii)

2483

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(5)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/13/2008/IR(DU). The dispute under reference relates to:

“ Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Jamna Prasad, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(6)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/27/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Ali Mohammad, Fire Engine Driver,

Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the workman is

entitled to?”

(7)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/26/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Prat Pal, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(8)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/28/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri G.M.Singh, Fire Engine Driver,

Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the workman is

entitled to?”

(9)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/23/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri S. Singh, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the workman

is entitled to?”

(10)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/24/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri R.S.Rajak, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(11)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/13/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri R.P. Dubey, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the workman

is entitled to?”

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[PART II—SEC. 3(ii)]

(12)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/19/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri P.N. Pathak, Leading Hand Fire, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(13)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/22/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Makhan Singh, Leading Hand fire,

Fire Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what

relief the workman is entitled to?”

(14)

As per letter dated 3-3-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/18/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Jayavelu Ravi, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(15)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/29/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri M.G. Rajji, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(16)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/30/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Harish Kumar, Fireman-II, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(17)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/33/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri A.S.Patel, Leading Hand Fire, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(18)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-14011/34/2008/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri S./S. Jharia, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(19)

As per letter dated 23-3-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/35/2008/IR(DU). The dispute under reference relates to:

II

(ii)

2485

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Mohd. Javed, Fireman-II, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(20)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/10/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Hari Singh , Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(21)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/9/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Ram Singh , Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(22)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/8/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri M.Iqbal Khan, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(23)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/2/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Dharmendra, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(24)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/3/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Om Prakash, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(25)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/4/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri S.K. Gupta, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(26)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/5/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Rakesh Kumar, Fireman-II, Fire

2486

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(27)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/6/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri V.S. Sengar, Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(28)

As per letter dated 1-4-09 by the Government of India, Ministry of Labour, New Delhi, the reference

is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/7/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri B.L.Yadav, Fireman-I, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(29)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/22/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri D.K.Singh , Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(30)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/23/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Ganesh Prasad, Fireman-II, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(31)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/24/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Sanjay Yadav, Fireman-II, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(32)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/25/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Pursottamlal, Fireman-II, Fire Brigade

Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

(33)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/20/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri Larence Bablu, Fireman-II, Fire

Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief the

workman is entitled to?”

II

(ii)

2487

(34)

As per letter dated 30-9-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/21/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch

from the management of Vehicle Facto for their workman Shri S.P.Raikwar, Fire Engine Driver-I,

Fire Brigade Section, Vehicle Factory, Jabalpur since 1973 is legal and justified? If yes, to what relief

the workman is entitled to?”

(35)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/31/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri R.S.Tiwari by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(36)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/39/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri S.K.Gond by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(37)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/38/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri R. Shrivastava by the management of Vehicle Factory is legal and

justified? If yes, to what relief the workman is entitled to?”

(38)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/35/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Motilal by the management of Vehicle Factory is legal and justified? If

yes, to what relief the workman is entitled to?”

(39)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/34/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Dhan Singh by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(40)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/37/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri S.K.Dubey by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(41)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/36/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Makhan Singh by the management of Vehicle Factory is legal and

justified? If yes, to what relief the workman is entitled to?”

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[PART II—SEC. 3(ii)]

(42)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/40/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri C.B.Singh by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(43)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/33/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Tahal Singh by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(44)

As per letter dated 30-11-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/32/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri A.U.Abbasi by the management of Vehicle Factory is legal and justified?

If yes, to what relief the workman is entitled to?”

(45)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/48/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Onkar Singh , Leading Hand Fire, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(46)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/44/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri R.P.Dubey, Fire Engine Driver-I, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(47)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/46/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri B.P.Sharma, Fire Engine Driver-A, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(48)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/47/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri T.R.Shukla, Fire Engine Driver-A, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(49)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/49/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri I. Das Kachhi, Leading Hand Fire, Fire Brigade Section by the

II

(ii)

2489

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(50)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/50/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri Chhidami Lal, Leading Hand Fire, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

(51)

As per letter dated 29-12-09 by the Government of India, Ministry of Labour, New Delhi, the

reference is received. The reference is made to this Tribunal under Section -10 of I.D .Act, 1947 as per

Notification No. L-14011/45/2009/IR(DU). The dispute under reference relates to:

“Whether the demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour rest

during working hours to Shri T.R. Kosta, Fire Engine Driver-A, Fire Brigade Section by the

management of Vehicle Factory is legal and justified? If yes, to what relief the workman is entitled

to?”

2.

Present reference and other 51 reference are received for adjudication. After receiving those reference, notices

were issued to the parties. As per order dated 1-5-2013, after hearing counsel for parties, all those 52 references are

clubbed with present case R/28/09. Identical statement of claim is filed in all the matters. The term of reference in all

the reference is identical, only variation is about name of workman. Present reference R/38/09 is treated as lead case.

The case of Ist party workman is that they are working in Fire Fighting cadre on different posts. Fireman Grade II,

Fireman Grade-I, Fire Engine Driver, Leading Hand Fire working in the Vehicle Factory, Jabalpur. The post on

which they are working involve functions of fire fighting and therefore are commonly termed as Fire Fighting

Personnel/staff. That services of fire fighting staff under management are categorized as essential services where the

person cannot leave place of work at any point of time during 8 hours shift. Even during period of lunch break, fire

fighting personnel is required to be available and present on duty to meet the contingency of outbreak of fire. Because

of said characteristics of their service, fire fighting staff are required to work for 8 hours which includes lunch time of

half hour. The personnel belonging to non-essential services were allowed to go from duty during half hour lunch time

and therefore have to work for an additional 30 minute for have availed 30 minute lunch. Fire fighting personnel

remained continuously in duty for 8 hours without any break for lunch. Workman further submits that there are 39

Ordnance Factory situated in country. The vehicle factory, Jabalpur is involved in manufacturing and assembly of

vehicles for defence and paramilitary forces. It functions under direct supervisory control of Ordnance Factory Board

and Defence Department, the Ministry of Defence. It is covered as industry under Section 2(j) of IDAct amended Act

of 1982 not came into force. That Vehicle Factory is covered under Section 2(k) of Factories Act 1948. It is

undertaking on regular and continuous basis. Sr.General Manager has ultimate control over affairs of VFJ being

occupied defined under Section 2A of Factory Act. Compliance of provisions of Factories Act is required. Ist party

workman reiterates that they are working 8 hours without any extra time for lunch. Letter dated 30-12-05 is

representing duties of the fire fighting staff. That for non-essential services, the lunch hour has been specifically

provided 11 hours to 12 hours, 12 hours to 13 hours but for essential service of fire fighting personnel, the term spot

lunch has been mentioned under the column of lunch which means that fire fighting personnel will have to avail lunch

at the spot of work as they cannot leave the place of their working. That separate lunch is included within 8 hours of

shift duty. It can neither be availed nor provided opportunity for 8 hours shift duty. Duty chart as per shift is shown in

Para 11 of the statement of the claim. Present list for duration 28-10-00 to 28-10-06 is produced. It is reiterated that act

of the management amounts to violation of Section 51 of Factory Act which prohibits management to compel the

worker to work in a factory for more than 48 hours in a week. That at the time of 8 ½ daily shift, workman are made

to work, the workman is actually made to work for 51 hours in a week comprising of 6 working days. That they work 3

hours overtime in a week. That repeated representations were submitted by the workman to Sr. General Manager

claiming benefit of Additional wages for half hour. He also requested to curtail duty hour to 8 hour which should

include half hour for lunch and not duty. No action was taken on their representation. The action of the management

amounts to unfair labour practice under Section 25 T, U of ID Act. On such ground, Ist party workman prays that

management be directed to pay additional wages/ benefit for additional half hour duty beyond normal 8 hours shift with

arrears and claimed 18 % interest.

3.

2nd party filed identical Written Statement in all the references opposing claim of Ist party workman. 2nd party

submits that the claim of workman for additional wages for additional 30 minutes duty beyond normal 8 hours duty is

not proper. Said claim is opposed by management alleging that the ground contented by workman are vague and not

clear. Said claim is opposed by management alleging that the ground contented by workman are vague and not clear.

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[PART II—SEC. 3(ii)]

The claim is too old and there is no justification for raising such dispute at belated stage therefore the claim is liable to

b rejected. That services of workmen is an essential category of staff. The factory is registered under Factory Act and

MP Factory Rules framed. The duty hour of all the workmen is 8 hours per day. Time of each of the workman depend

on nature of work for each detailed i.e. daily shift, rotational shift etc. after 5 hours duty, workman is given 30 minutes

interval for rest which is usually used for taking lunch, dinner etc or for rest in the night shift. The duty hours of

workman are rotated in shift but in whatever shift he is detailed, his duty hours is 8 hours excluding 30 minutes

interval of rest being given after 5 hours continuous work. The claim of workman that break period of 30 minute

should be included in total working hours and if so counted, the duty hours is 8 ½ hours and as such claim extra wages

for half hours. Claim of workman is baseless. Every workman is given 30 minutes interval for rest after 5 hours duty

which is mandatory as per provisions of Factory Act. During rest period, some workers who are not in essential

category staff might be leaving out for lunch etc but they are bound to return for duty after rest period. The essential

category of staff is also given rest of 30 minutes after 5 hours of duty, but they do remain within the premises or at

their duty place where they have been provided rest room/ canteen facilities etc. Said period is utilized by workman for

taking rest/meals could not perform any work. There is no issue that services of workman were utilized during rest

period to claim extra wages. Their claim is they are not permitted to go out during half hour rest period/ interval. 2nd

party management reiterates as per Section 54 of Factory Act, the period of work of adult workers in factory shall be

so fixed that no period shall exceed 5 hours, no worker shall work more than 5 hours before half hour lunch. That all

workmen were given 30 minutes rest after 5 hour working. The duty hours of all workmen are 8 hours per day i.e. 48

hours in a week. The claim of Ist party workman deserves to be rejected.

4.

Workman filed rejoinder in all the matters reiterating their contentions in statement of claim.

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 demand of the Ayudh Nirmani

Vahanchalak Sangh, MP Zone for half an hour

lunch from the management of Vehicle Factory for

their workmen in all the reference cases since 1973

is legal and justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

Workmen are not entitled to any relief.

REASONS

6.

The term of reference in all the reference cases is identical except variation in name of workmen. Demand of

Union pertains to half hour time for lunch since the year 1973. The dispute has been referred in the year 2009-2010. As

stated earlier, all the references are clubbed with R/38/09 as per order dated 1-5-2013. R/38/09 is the leading case. Ist

party filed affidavit of Shri R.K. Sharma, Harish Kumar Pradhan, R.P. Dubey, R.K. sharma in his affidavit of

evidence has stated that he was working as fireman and retired on 30-8-2011. That fire fighting services are covered as

essential services. Workman in non-essential services worked for 8 hours with one hour lunch time. Workman working

in essential services are working for 8 hours 30 minutes with half hour lunch i.e. spot lunch. They cannot go out of the

premises during lunch period. That the workmen remains at work place. He doesnot get time for lunchs therefore

overtime may be allowed for the period of spot lunch and claims that fire fighting staff works 51 hours per week.

7.

Affidavit of evidence of Shri Harish Kumar Pradhan & R.P. Dubey are almost identical. Shri R.K. Sharma in

his cross-examination says documents Exhibit W-1 to W-3 was obtained from GCF Khamaria, Dehradun by Santosh

Kumar. Mr. Raghuvbanshi was President of their federation. That he was working in VFJ till 30-8-2011. He was

initially appointed on 27-11-90. Shri Naushad in present reference was appointed after 1990. He denies that he was not

knowledge since when workman was working in fire brigade. Rather he reiterated that Naushad was working as

Fireman Grade II. Naushad was transferred to administration block but he was unable to tell the year. Their work is

carried in 3 shifts, each shift is for 8 ½ hours with half hour lunch time. During lunch time, employee cannot leave the

spot. Witness was unable to tell about the order issued in that regard. In his further cross, witness says he had worked

during lunch time but could not tell its day, month or year. That time of lunch is not fixed. There is facility for rest and

tiffin rooms is available in the factory. They are not using room for their lunch/tiffin.

8.

Evidence in cross-examination of Harish Kumar Pradhan is almost similar. He says that he was acquainted with

Shri Naushad. Naushad was appointed in 1995. He says that contents of his affidavit about half hour lunch time is

incorrect. Witness explained that 8 /2 hours period doesnot include lunch time. Lunch time is not fixed. When they get

time, they used to take their lunch. Since his joining service, he works for 8 ½ hours every day. he had orally claimed

overtime for half hour working. He was unable to tell why dispute was raised belatedly. He denies that his claim is

false.

II

(ii)

2491

9.

Shri R.K. Sharma in his cross-examination says he is working in VFJ since 1983. Since beginning he was

working as fireman. He had not claimed overtime wages for working in lunch period. Many times work of fire fighting

staff exceeds 8 hours working, its details are given by him. He denies that no work is carried during during lunch time.

10.

Management’s witness Rajendra Sen in his affidavit of evidence filed in all the cases has given the date of

appointments, promotions, retirement. The management’s witness further says the VFJ is registered under Factories

Act, it is working under control of Defence Ministry, Department of production. That working hours of Ist party

workmen are 8 hours. After 5 hours working, all the workmen are given 30 minutes interval/ rest period as per

provisions of Factories Act. That fireman employed in the brigade present in the factory premises during working hours

and not promoted outside factory premises during break, it doesnot mean that they have to perform duty during rest

period. All the workmen got lunch/ rest time of 30 minutes every day after5 hours working. Any of the workman have

not claimed over time wages to lunch period. In his cross, management’s witness says except fire fighting staff, all

employees are working 8 hours every day with one hour interval for lunch. During lunch period, other staff can go

outside, fire fighting staff is given half hour lunch time. During lunch time, they cannot go outside. The lunch time of

other staff is 12.30 to 1.30 PM. Half hour lunch time of fire fighting staff is not fixed. During emergency, fire fighting

staff continuously work and no lunch time is given. Overtime is allowed to fire fighting staff for working more than 8

hours. The contents of his affidavit that after 5 hours working, break is given is incorrect. The evidence of witness of

Ist party is clear that they are given half hour interval for lunch/ rest but they are not allowed to go outside. They are

required to stay within factory premises. Any of the witnesses of Ist party have not deposed that during half hour

interval/ lunch period, they are required to work every day. the pleadings and evidence of 2nd party is clear that when

ever the workmen are required to work more than 8 hours, overtime wages are paid as per provisions of Factories Act.

Evidence of management’s witness on above point is not shattered.

Section 51 of Factories Act provides- No adult worker shall be required or allowed to work in a factory for more

than forty-eight hours in any week.

Section 54 provides Subject to the provisions of Section 51, no adult worker shall be required or allowed to

work in a factory for more than nine hours in any day

Section 55 provides The periods of work] of adult workers in a factory each day shall be so fixed that no period

shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of

at least half an hour.

11.

The documents produced Exhibit W-1 working in the shift of General employees is shown. Exhibit W-2 shows

fire fighting staff working hours are 8hours 30 minutes in a day and 51 hours in a week. Rest/ lunch period is not

shown separately. In Exhibit W-3 timing of in and out of the staff is shown. It is not useful for deciding controversy. In

Exhibit M-1, shift timings of fire brigade (P) is shown, lunch time is shown 11 to 11.30, 13 to 13.30, 19 to 19.30, 3

to 3.30 for half hour. There is no evidence that during lunch period, workmen are required to work every day. on the

other hand, management submits that whenever fire fighting workmen required to work more than 8 hours overtime

wages are paid. As firefighting staff is not required to work every day therefore lunch hour of 30 minutes cannot

treated as duty period. Therefore the claim of Ist party workmen for additional wages is not justified. At the time of

argument, learned counsel for 2nd party Shri Shankaran Nair submitted that Shri Naushad is not examined. Except 3

witnesses of Ist party, other workmen are not examined. Affidavit of evidence filed in other cases are not cross

examined. Term of reference in all cases are identical pertains to demand for half an hour lunch for workmen working

in fire brigade Section since 1973. Learned counsel for Ist party Shri Salunke submitted that application is submitted

by him accepting evidence of 3 witnesses examined in R/38/09, examination of other witnesses is not necessary. That

affidavit of management’s witness Rajendra Singh filed in other cases. Affidavit filed in all the other cases mentions

date of appointment and retirement, promotions. The management’s witness in other cases is not cross examined. As

per evidence of management’s witness in Case No. R/41/09 date of appointment of workman is 19-7-70 and retired on

31-8-08, in R/42/09 date of appointment is 20-11-01 and is still working, in R/45/09 date of appointment is 20-11-01

and retirement is 30-8-2011, in R/46/09 date of appointment is 28-4-76 and retired on 30-9-12, R/47/09 date of

appointment is10-4-78 and retired on 31-5-2010, R/48/09 date of appointment is 7-9-95 and is still working, in

R/49/09 date of appointment is 16-8-90 and retired on 30-9-13, in R/50/09 date of appointment is 8-9-95 and is still

working, in R/51/09 date of appointment is 2-2-96 and is still working, in R/52/09 date of appointment is 12-10-99

and retired on 16-4-09, in R/53/09 date of appointment is 1-1-1973 and working, in R/82/09 date of appointment is

18-6-05 and is still working, in R/83/09 date of appointment is 27-11-99 and is still working, in R/84/09 date of

appointment is 26-12-05 and is still working, in R/85/09 date of appointment is 1-12-76 and retired on 31-7-13, in

R/86/09 date of appointment is 25-4-97, promoted on 27-10-15 and is still working, in R/87/09 date of appointment is

19-2-70 and retired on 28-2-08, in R/100/09 appointed on 11-6-73 and promoted on 1-3-08, in R/101/09 appointed on

4-4-05 and is still working, in R/102/09 appointed on 5-4-05 and is still working, in R/103/09 appointed on 12-10-99

and is still working, in R/104/09 date of appointment is 15-11-83 and retired on 31-5-08, in R/105/09 appointed on 5-

4-05 and is still working, in R/106/09 appointed on 14-6-83, promoted on 1-11-10 and is still working, in R/107/09

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[PART II—SEC. 3(ii)]

appointed on 15-2-70 and retired on 31-3-09, in R/108/09 appointed on 27-2-78 and retired on 23-10-10, in R/109/09

appointed on 29-2-80 and retired on 31-8-13, in R/1/10 appointed on 21-11-72 and retired on 3-4-2010, in R/2/10

appointed on 6-5-70 and retired on 28-2-09, in R/3/10 appointed on 27-11-70 and retired on 1-4-08, in R/4/10 date of

appointment is 27-11-70 and retired on 30-11-07, in R/5/10 date of appointment is 21-11-72 and retired on 28-2-08, in

R/6/10 date of appointment is 4-12-72 and retired on 31-10-09 and in R/22/10 date of appointment is 19-2-90 and

retired on 8-11-09.

The evidence of management’s witness about appointment, promotions, retirement of respective workmen

remained unchallenged but it will have no consequence in deciding the dispute whether the workmen are entitled to

half hour lunch time/wages for lunch time/rest period. For above reasons, I record my finding in Point No. 1 in

Negative.

12.

In the result, award is passed as under:-

(1)

The demand of the Ayudh Nirmani Vahanchalak Sangh, MP Zone for half an hour lunch from the

management of Vehicle Factory for their workmen in all the reference cases since 1973 is not legal and

proper.

(2)

Workmen are not entitled to any relief.

R. B. PATLE, Presiding Officer

—

New Delhi, the 19h April, 2017

S.O. 1095.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 383/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in the Annexure, in the industrial dispute between the employers in relation to the

Chief General Manager, Telecom, BSNL, Chennai & others and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40011/49/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 383/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Two

Others and their workman)

BETWEEN :

Sri N. Vivekanandh

:

1st Party/Petitioner

AND

1.

The Chief General Manager

:

2nd Party/1st Respondent

Telecom, BSNL

29, Eldams Road

Now at No. 89, Millers Road

Chennai-600010

2.

The General Manager

:

2nd Party/2nd Respondent

BSNL

Statesman Building

New Delhi

II

(ii)

2493

3.

The Chief General Manager

:

2nd Party/3rd Respondent

Telecom

BSNL, Tamil Nadu Circle

Anna Salai

Chennai-600002

Appearance :

For the 1st Party/Petitioner

:

M/s. Balan Haridas, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/49/2003-IR (DU)

dated 09.07.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The Schedule mentioned in that order is :

“Whether the action of the management of Telecom Department, BSNL, Chennai in non-regularizing/absorbing

the services of the contract labourers numbering seventeen viz. S/Sri G. Ponnu Kalathi, S. Samuel, P. Dili

Babu, V. Krishnan, N. Bather, N. Vivekan, E. Elangovan, B. Venkatesan, Ramesh, M. Meganathan, M.

Kanniappan, R. Dili Babu, R. Parthasarathy, A. Dhanasekaran, A. Gnana Velu, Ms. Maheswari and Rani is

legal and justified and if not, to what relief the workmen/contract labourers are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID No. 383/2004 and issued notices to both

sides. Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working in the Office of BSNL Chengalpattu SSA. They

are doing Cleaning Work. These workmen are working directly under the control and supervision of BSNL. They are

doing the very same work carried out by the permanent employees of the Department. The work done by them is

perennial in nature. The workmen cannot be treated as contract labour but have to be treated as part and parcel of the

regular service of the Department. All the workmen concerned in the dispute are Class-IV employees for which

sponsorship from Employment Exchange is not required. The work performed by them are essential. The so-called

contract system is a sham one. The overall control of the workmen including administrative control remained with the

Department. The alleged Contractors are regular staff of the Department. They engage the workers, supervise the

work, take their attendance and claim and pay their wages. There are regular sanctioned posts for regularizing the

workmen concerned in the case. The BSNL is an establishment as per Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workmen) Act. The concerned workmen having completed 480 days of work in a

period of 24 calendar months should be made permanent. An Award may be passed holding that the workmen are

entitled to regular absorption in the service of the establishment from the date of their joining, together with continuity

of service and attendant benefits.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are

doing work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct

control and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner

has admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization do not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with the Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

5.

The ID was earlier answered against the petitioner as the petitioner failed to prosecute the case. Subsequently,

Vivekan, one of the workmen named in the Schedule of reference (subsequently changed his name as Vivekanandh as

per Ext.W13 gazette notification) got the matter restored to file. Now this workman alone is pursuing the dispute.

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[PART II—SEC. 3(ii)]

6.

The evidence in the case consists of oral evidence of WW1 and documents marked as Exts.W1 to 29. The

Respondents did not adduce any evidence either oral or documentary

7.

The point for consideration is:

(i)

Whether the action of BSNL in non-regularizing Vivekanandh is justified?

(ii)

What if any is the relief to which he is entitled?”

The Point

9.

In the Claim Statement filed the Union has stated that Vivekanandh as well as other workmen concerned in the

case were doing cleaning work in the Office of BSNL at Chengalpattu. According to the petitioner though the workmen

were working under a contract system it was a sham one. It is stated that all the workmen were under the direct control

and supervision of the Telecom Department and subsequently under BSNL. It is further stated that Contractors were all

regular employees of the department. The petitioner has claimed absorption of workmen on the ground that the contract

under which they were working is sham and nominal and also on the ground that they are entitled to permanency under

Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act as they have completed 480

days of work within a period of 24 calendar months.

10.

Vivekanandh, the concerned workman has got himself examined as WW1. In the Proof Affidavit filed by him

he has reiterated the case in the Claim Statement. Apart from that he has stated that he had started to work in Sub-

Divisional Office at Kancheepuram in August 1998. According to him, though he was termed to be a contract

employee he was discharging work which is permanent in nature and was under the direct control and supervision of

the Respondents. Though as per the Claim Statement the workmen were doing cleaning work, as stated by WW1 in his

affidavit, he was doing the work of Telecom Mechanic and was carrying out works like Line Connection, Rectifying

Cable Fault, Repairing Telephone Instruments and Power Plant Module and also Repairing Electrical Appliances. He

has stated that he was engaged continuously by the department. He has claimed that he is entitled to be absorbed in

BSNL.

11.

What are the documents available to substantiate the case of the petitioner? Ext.W1 is a card issued by BSNL

and described as Authorization Letter and states that WW1 is a member of the working group of contract labourers of

BSNL Telecom Sector at Kancheepuram. Below the signature of Sub-Divisional Engineer a date of 2005 is seen. Thus

it is clear that this was issued in 2005. Ext.W2 is a membership card by Tamil Nadu Telecom Contract Workers Union.

This does not bear any date. Ext.W3 to Ext.W12 are all employment or experience certificates issued in the name of

Officers of BSNL, mostly Sub-Divisional Engineers. Ext.W3 and Ext.W4 are the certificates pertaining to the period

prior to the raising of the dispute. One is for the period from 02.08.1999 to 01.02.2000 and the other is for the period

from 12.08.1998 to 18.07.1999. Ext.W5 issued in 2001 merely states that WW1 was doing service in Faulting

Telephones in Kancheepuram Outdoor Section. Ext.W6 and Ext.W7 are the certificates issued in 2003 to the same

effect, the year in which the dispute was raised. Other certificates are of the period after the dispute was raised. There

are also appreciations letters marked as Ext.W19 and Ext.W20 issued by the Sub-Divisional Engineers in 2014 and

2015. Ext.W24 and Ext.W25 are some certificates obtained by WW1 from some institutions.

12.

Though WW1 claims that he has started to work for the Telecom Department in August 1998, no documents of

any kind other than the certificates said to have been issued by the officials are produced by the petitioner to prove that

he has been and is working in the establishment. It is surprising that he was not able to produce any document, not

only pertaining to the period before the dispute was raised but even in respect of the period after the dispute was raised,

though he claims that he continues to work for the Respondents even now. In the absence of any supportive documents

to justify the case that WW1 has started to work in August 1998, the certificates produced by him could not be relied

upon. These certificates are not proved as such. The veracity of these documents have been questioned on behalf of the

Respondents during cross-examination of WW1. In the absence of evidence by those who purportedly issued the

certificates there should have been some supportive evidence to justify these documents.

13.

The counsel for the petitioner has argued that the burden is upon the Respondents to prove that WW1 has not

been working in the establishment. He has referred to the decision of the Apex Court in DIRECTOR, FISHERIES,

TERMINAL DEPARTMENT VS. BHIKUBHAI MEGHAJI CHAWDA reported in 2010 1 SCC 47 in this respect. It

was a case where the workman has claimed that he has completed 240 days of service. The workman in this case was

hired on daily wage basis. The Apex Court has held that the workman would have difficulty in access to all the official

documents, muster rolls, etc. in connection with his service, that he having come forward and deposed, the burden

shifts to the appellant employer to prove that he did not complete 240 days of service in the requisite year to constitute

continuous service. In the present case the very case of WW1 is that he was working on contract basis though the

contract is stated to be sham and nominal. He claims to be still working. The case of the Respondents is that the

workmen are engaged on contract basis, that there is no employer-employee relationship between the department and

II

(ii)

2495

the workmen and that documents are not available with it. The Respondents having put forth a case that they do not

have any documents in the absence of employer-employee relationship the petitioner alone can prove his case.

14.

In any case WW1 would not be entitled to any relief. The case of WW1 is that he started to work for the

Respondents in August 1998. However, even the certificates available only states that WW1 had been working from

August, 1999. The case of WW1 is that he was working on contract basis. There is no material to show that the

contract is sham. Even if he has completed 480 days of service he would not be entitled to absorption with the

Respondents, his service having been with the Contractor.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri N. Vivekanandh

For the 2nd Party/Respondents

:

Nil

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Authorization given by the respondent by mentioning designation

Ext.W2

-

Membership Card

Ext.W3

03.03.2000

Employment Certificate issued by the Sub-Divisional Engineer (OD/North

Telephone Exchange, Kancheepuram for the period of work from12.08.1998 to

01.02.2000

Ext.W4

10.11.2000

Employment Certificate for the period of work from 12.08.1998 to 18.07.1999

Ext.W5

06.10.2001

Experience Certificate issued by the Sub-Divisional Engineer

Ext.W6

20.01.2003

Experience Certificate

Ext.W7

18.02.2003

Experience Certificate issued by the Sub-Divisional Engineer, Wallajabad

Ext.W8

02.02.2003

Employment Certificate for the period of employment from 04.06.2003 to

31.12.2003

Ext.W9

11.05.2004

Experience Certificate issued by the Sub-Divisional Engineer, Phones,

Kancheepuram

Ext.W10

22.01.2008

Experience Certificate issued by the Sub-Divisional Engineer, Wallajabad

Ext.W11

05.09.2008

Employment Certificate issued by the TNWBD

Ext.W12

18.06.2009

Employment Certificate issued by the Junior Telecom Officer, Walajabad

Ext.W13

30.12.2009

Gazette Notification dated regarding Change of my name

Ext.W14

01.02.2010

Order issued by the Respondent regarding revision of wages for temporary

status Mazdoors/Casual Labour

Ext.W15

30.01.2011

Employment Certificate

Ext.W16

25.02..2011

Employment Certificate

Ext.W17

22.06.2012

Order on O.A. No. 156 & 157/2012

Ext.W18

21.02.2014

Letter of Sub-Divisional Engineer in respect of issue of Election pass to the

BSNL Staff who have been given election duty

Ext.W19

06.08.2014

Appreciation letter issued by the Sub-Divisional Engineer

Ext.W20

23.06.2015

Appreciation letter issued by the Sub-Divisional Engineer

Ext.W21

25.06.2015

Community Certificate issued by the Tahsildar

Ext.W22

03.07.2015

Representation made by the petitioner

Ext.W23

14.08.2015

Representation made by the petitioner

Ext.W24

30.04.1999

Certificate recognized by the Department of Employment and Training, Madras

Ext.W25

21.01.2002

Certificate of Training in Office Automation

Ext.W26

21.03.20106

Reply of Parliaments Question regarding contract Labour

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.W27

-

Experience Certificate

Ext.W28

May 2009

B.Com degree issued by Madras University

Ext.W29

01.01.2010

Revision of wages for casual Labour

On the Management’s side

Ex.No.

Date

Description

Nil

—

New Delhi, the 19th April, 2017

S.O. 1096.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 113/2003) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the Chief

General Manager, BSNL, Tamil Nadu Circle, Madurai and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40011/14/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 113/2003

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Another

and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The Chief General Manager

:

2nd Party/1st Respondent

BSNL, Tamil Nadu Circle

Anna Salai

Chennai-600002

Bibikulam

Madurai-625002

2.

The General Manager, Telecom

:

2nd Party/2nd Respondent

BSNL, No. 2, V.P.

Rathinasamy Nadar Road

Bibikulam

Madurai-625002

II

(ii)

2497

Appearance :

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/14/2003-IR (DU)

dated 20.06.2003 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the workers M. Parasakthi, S. Murugesan and P. Sundari are entitled for regularization by the

Telecom Department, Madurai? If so, the relief they are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 113/2003 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working in the Office of BSNL, Madurai. They are doing

Sweeping and Cleaning Work. These workmen are working directly under the control and supervision of BSNL. They

are doing the very same work carried out by the permanent employees of the Department. The work done by them is

perennial in nature. The workmen cannot be treated as contract labour but have to be treated as part and parcel of the

regular service of the Department. All the workmen concerned in the dispute are Class-IV employees for which

sponsorship from Employment Exchange is not required. The work performed by them are essential. The so-called

contract system is a sham one. The overall control of the workmen including administrative control remained with the

Department. The alleged Contractors are regular staff of the Department. They engage the workers, supervise the

work, take their attendance and claim and pay their wages. There are regular sanctioned posts for regularizing the

workmen concerned in the case. The BSNL is an establishment as per Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workmen) Act. The concerned workmen having completed 480 days of work in a

period of 24 calendar months should be made permanent. An Award may be passed holding that the workmen are

entitled to regular absorption in the service of the establishment from the date of their joining, together with continuity

of service and attendant benefits.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are

doing work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct

control and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner

has admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization do not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with the Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

4.

The evidence in the case consists of oral evidence WW1 and WW2 and MW1 and documents marked as Ext.W1

to Ext.W9 and Ext.M1 to Ext.M8.

5.

The points for consideration are :

“Whether the workmen concerned in the case are entitled to the relief of regularization in the Respondent

establishment as claimed?

The Point

6.

The Petitioner Union has raised the dispute on behalf of three workmen who are said to be doing Sweeping and

Cleaning Work in the Madurai Office of BSNL. According to the Petitioner Union these workmen have been

continuously working for the Respondent establishment for a long time. Though they were made to work under a

2498

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

contract system, the contract is said to be a sham one. They are stated to be working directly under the control and

supervision of the officials of the Respondent. According to the petitioner all the workmen have completed more than

480 days of work within a period of 24 calendar months and are entitled to the benefit of Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to Workmen) Act also.

7.

One of the workmen has been examined by the petitioner to substantiate the case. He has given evidence on

behalf of other workmen as well. There is also the evidence of WW2, an Office Bearer of the Petitioner Union. His

evidence is intended to meet the case of the Respondent that the Petitioner Union has no locus-standi to raise the

dispute.

8.

WW1 has stated in the affidavit in lieu of Chief Examination filed by him that he is discharging the work of

delivery of telegrams and the other two members were discharging the work of housekeeping, scavenging, etc.

According to the witness, the other two workmen were deprived of job during the pendency of the ID. According to

him, all of them were getting wages directly from the erstwhile Telecom Department and subsequently from BSNL.

He has claimed that all of them are entitled to get permanent status in the Respondent establishment.

9.

It is to be seen whether the documents justify the case put forth by WW1. Ext..W1 is an order approving

payment of coolie charges for the work of Sweeping, Cleaning, etc. at Telegraph Office at Dindigul. Ext.W2 states

coolie charges for delivery of telegram is fixed at the rate of Rs. 10/- Both these documents are of the year 2000.

Ext.W3 refer to the names of certain persons as those who were engaged for doing the work of Sweeping, of

Watchman, etc. in January 2000. However, the name of none of the concerned workmen are found in this. Ext.W4

contains ACG-17 receipts one each, in the name of Sundari and Parasakthi, the other workmen involved in the ID.

These are of August 1999. There are also some details showing payment to WW1 for intermittent days. Ext.W4 (series)

contain details of telegrams delivered by WW1 during the period from April 2000 to October 2002. These are almost

continuous with gaps of certain days. However, for certain days more than one delivery receipts are there. These set of

receipts probably shows that WW1 was working in the establishment throughout from 2000 to 2002 in which year

dispute was raised. However, these are not sufficient to establish the case that the contract work in which he was

engaged was a sham one. Even if these would show that WW1 had worked continuously for 480 days he is not

entitled to the relief of regularization or absorption claimed. The very case in the petition is that the workers were

engaged through a Contractor, though the contract is alleged to be a sham one. So in any case a relief could not be

granted to the petitioner.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Murugesan

WW2, Sri Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri S. Selvaraj

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

18.08.1999

Pay + Coolie Charges

Ext.W2

29.03.2000

Coolie Register from delivery of Telegrams

Ext.W3

Jan.2000

Coolie engaged for the January 2000

Jan.2001

Coolie engaged for the January 2001

Ext.W4

18.08.1999

ACG 17

-

Payments Vouchers

-

Messengers Delivery Receipt

April 2000

The number of Telegram delivered by the S. Murugan

To

October 2002

II

(ii)

2499

Ext.W5

-

Work Days

Ext.W6

-

Annexure to the 2(K) petition

Ext.W7

31.08.2000

Photo graph of TRC Annual dated 31.08.2002 wherein the petition in this

ID.R.Sundari, S.Murugan, M.Parasakthi alongwith JTO-in-Charge, TM-in-

harge and other official of BSNL.

Ext.W8

-

Bye-laws of the Union

Ext.W9

30/31 Oct’2001

Resolution of the union

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the 2.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

—

New Delhi, the 19th April, 2017

S.O. 1097.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 386/2004) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, BSNL, Thanjavur and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/53/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

2500

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Industrial Dispute No. 386/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

21/10, RK Srinivas Apartments

Bharatiyar 1st Street

Pazhavanthangal

Chennai-600114

AND

The General Manager

:

2nd Party/Respondent

BSNL, Telephone Bhawan, Trichy Road

Thanjavur

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40011/53/2003-IR (DU)

dated 06.07.2004 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the demand of the BSNL Employees Union from the management of BSNL, Thanjavur for

regularization/absorption of Sri T. Padmanabhan and 12 Others contract labour (as per the Annexure) is legal

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

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 386/2004 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working in the Office of Telecommunications, BSNL,

Thanjavur. These workmen are doing the work of delivery of telegrams. These workmen are working directly under the

control and supervision of BSNL. They are doing the very same work carried out by the permanent employees of the

Department. The work done by them is perennial in nature. The workmen cannot be treated as contract labour but have

to be treated as part and parcel of the regular service of the Department. All the workmen concerned in the dispute are

Class-IV employees for which sponsorship from Employment Exchange is not required. The work performed by them

are essential. The so-called contract system is a sham one. The overall control of the workmen including administrative

control remained with the Department. The alleged Contractors are regular staff of the Department. They engage the

workers, supervise the work, take their attendance and claim and pay their wages. There are regular sanctioned posts

for regularizing the workmen concerned in the case. The BSNL is an establishment as per Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to Workmen) Act. The concerned workmen having completed 480

days of work in a period of 24 calendar months should be made permanent. An Award may be passed holding that the

workmen are entitled to regular absorption in the service of the establishment from the date of their joining, together

with continuity of service and attendant benefits.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are

doing work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct

control and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner

II

(ii)

2501

has admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization do not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with he Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

5.

The evidence in the case consists of oral evidence of WW1 and WW2 and MW1 and documents marked as

Ext.W1 to Ext.10 and Ext.M1 to Ext.M12.

6.

The point for consideration is:

Whether the concerned workmen are entitled to absorption as claimed?

The Point

7.

The petitioner union has raised the dispute on behalf of 13 workmen whose names and other details are given in

the annexure to the Schedule of reference. As seen from the annexure, these workmen are doing the work of telegram

delivery. The date on which they have started to work in the Department of Telecom are also given in the annexure.

According to the petitioner, though the concerned workmen are purportedly working as contract labour, they were

directly paid by the Respondent and were under the direct control and supervision of the officials of the Respondent. It

is stated that the so-called contract system is only a camouflage. The petitioner has claimed that the workmen are

entitled to be absorbed with BSNL, the present establishment as the contract system in which they are working is a

sham one and also because they have completed more than 480 days of continuous work with the Respondent within a

period of 24 calendar months.

8.

One of the workmen named in the annexure to the Schedule of reference has been examined as WW1. He has

reiterated the case in the Claim Statement in the Proof Affidavit filed by him. He has stated in the Proof Affidavit that

the workmen including him do not even know who the Contractors are. He has further stated that if there is a

Contractor the workers have no objection in the Management bringing him as a party to the dispute. WW1 has asserted

that all the concerned workmen are working under the direction and control of the officials of the Respondent. He has

also named the officials who are said to have extracted work from the workmen. The evidence given by WW1 is

intended to be on behalf of the other workmen concerned as well.

9.

Though evidence is given by WW1 on behalf of other workmen as well documents pertaining to others are not

available. Except for evidence given by WW1 there is nothing to show that the other workmen had been continuously

working for the Respondent that they have been getting payment from the Respondent and that they have worked for

more than 480 days within a period of 24 calendar months. In fact there is nothing to substantiate the case on behalf of

those other workmen. So their case for absorption has to be rejected at the outset itself.

10.

The documents in respect of WW1 are produced by the petitioner. Ext.W1 consists of several telegram delivery

payment vouchers. These show direct payment by Sub-Divisional Engineer to WW1. Ext.W1 consists of vouchers

starting from July 1998. Such vouchers are available for a period up to 2002. These vouchers show the dates on which

WW1 had done the work of delivery of telegrams as well, apart, apart the amount paid. It could be seen from the

vouchers that he was working continuously, almost on all days. Ext.W2 is document described as Duty Chart. This

gives the names of WW1 and some others. This contains the signature of Sub-Divisional Engineer of Thanjavur also.

This would show that WW1 was in the establishment in 2002 and 2003 as well. Ext.W4 is a document by the Sub-

Divisional Engineer stating that WW1 is deputed to work at Camp Office on the eve of Maha Kumbabhishekam of

Mariamman Koil on 27.06.2004. This shows WW1 continuously worked in the establishment even after the dispute

was raised. Ext.W3 is the certificate issued by the Sub-Divisional Engineer, Thanjavur stating that WW1 and some

others have done housekeeping work satisfactorily in the month of January 2005. Ext.W6 is said to be the details of

sweeping work done by WW1. This starts from July 2003. It is admitted by WW1 during his cross-examination that

this is a document prepared by him. The document contains only some signatures as that of the officials. However,

WW1 has stated specifically that these are signatures put by the officials of the Respondent. He has given the names of

the officials. There is no necessity to view this document with suspicion. Thus this also justifies the case that WW1 was

continuously working for the Respondent establishment. Ext.W7 is said to be the document showing that WW1 has

worked as Telegram Messenger. However, this does not show his name or the signature of any officials. Even as

admitted by WW1 this was prepared by him so the authenticity of this document could not be asserted. However even

without this it is clear from the documents referred to that WW1 was continuously working for the Respondent or the

erstwhile Telecom Department at least from July 1998. As seen from his evidence he is still working for BSNL.

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

11.

The Respondent has stated in the counter statement as well as through the evidence given by MW1 on its behalf

that work was carried out by contract labour and there was never employer-employee relationship between it and the

concerned workman. However, the documents reveal that WW1 was paid directly by the Respondent. When

acceptable evidence is produced by the petitioner to show that WW1 was working directly, it is for the Respondent to

prove otherwise.

12.

The Respondent has been harping on the fact that there was a notification banning direct employment of casual

workers even in the year 1985. Ext.M2 is the notification regarding this. However, it could be seen from the

documents produced that in spite of the ban direct employment was prevalent. As could be seen, WW1 received

payment directly from the Respondent. So the contract system, if any claimed by the Respondent could only be a sham

one.

13.

There is a contention for the Respondent that the Petitioner Union has no locus-standi to raise the dispute.

According to the Respondent the Union cannot take up the cause of workmen who are not its members or of those who

are not employees of BSNL. MW1 has stated that Ext.M1 is the letter of the General Manager, Telecom, Tamil Nadu

Circle stating that only employees of BSNL can become members of the Union. The petitioner has examined WW2 to

meet this case of the Respondent. WW2 is the Circle Treasurer of the Petitioner Union. Ext.W8, the bye-laws of the

Union and Ext.W9, a copy of the resolution passed by the Union are marked through WW2. This witness has stated

that as per the bye-laws of the Union, the Union is entitled to espouse the cause of BSNL employees in general. There

is also the resolution by which the Union has decided to take up the cause of the concerned workmen. So the case of the

Respondent that the petitioner has no locus-standi to raise the dispute is to be rejected.

14.

WW1 has been working for the Respondent at least from July 1998 as discussed. He still continues to work for

the Respondent, So his claim for absorption in the establishment is only reasonable. The contract system having been

found a sham one, he is entitled to be absorbed as an employee of the Respondent. Relief in favour of WW1 is

moulded based on the period from which he has started to work. Accordingly an Award is passed as below:

WW1 shall be absorbed in the Respondent establishment in his present position within two months from the

publication of the Award.

The reference is answered accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Gopalakrishnan

WW2, Sri K. Srinivasan

For the 2nd Party/Respondents

:

MW1, Sri K. Chandramohan

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Telegram delivery Payment Vouchers

Ext.W2

-

Duty Chart

Ext.W3

27.06.2004

Deputation Certificate

Ext.W4

01.02.2005

Certificate of House keeping Work issued by the respondent for Jan.2005

Ext.W5

-

Annexure to 2(K) petition

Ext.W6

-

Duty performed by Gopalakrishnan

Ext.W7

-

Employment as Telegram Messenger

Ext.W8

-

Bye-laws of the Union

Ext.W9

30/31 Oct’2001

Resolution of the union

Ext.W10

21.03.2006

Lok Sabha Admitted Provisional Starred Question Dy. No. 10145 for

19.12.2005 by Shri Ganesh Singh regarding regularization of contract Workers.

II

(ii)

2503

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the

02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

20.11.2004

Copy of the agreement entered into between BSNL and M/s. Pudukkottai

Security Service Contractor.

Ext.M10

01.05.2003

Certificate of Registration, Form II (See Rule -18 (1)

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the Department

in the appointment of Group “D” employees category.

Ext.M12

30.06.2006

Online Consultancy Services.

—

New Delhi, the 19th April, 2017

S.O. 1098.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 73/2005) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, BSNL, Grays Hills, Coonoor and others and their workman, which was received by the Central

Government on 03.04.2017.

[No. L-40012/24/2005-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

Wednesday, the 22nd March, 2017

Present : K. P. PRASANNA KUMARI, Presiding Officer

2504

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Industrial Dispute No. 73/2005

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947(14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and Three

Others and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union,

R.K. Srinivas Apptts.

No. 21, Bharathiyar First Street

Pazhavanthangal

Chennai-600114

AND

1.

The General Manager

:

2nd Party/1st Respondent

BSNL, Grays Hills

Coonoor

2.

The Chief General Manager

:

2nd Party/2nd Respondent

BSNL, Tamil Nadu Telecom Circle,

Annasalai

Chennai-600002

3.

The Chairman & Managing Director

:

2nd Party/3rd Respondent

BSNL, Statesman House

New Delhi-110001

4.

The Chief General Manager, Telecom :

2nd Party/3rd Respondent

BSNL, Tamil Nadu Circle

Anna Salai

Chennai-600002

Appearance:

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/Respondents

:

Sri D. Simon, Advocate

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-40012/24/2005-IR (DU)

dated 11.08.2005 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of Telecom Department, BSNL, Chennai in non-

regularizing/absorbing the services of Sri M. Ganeshan and 9 Others (Annexure) contract labourers is legal and

justified and if not, to what relief the workmen/contract labourers are entitled to?”

2.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 73/2005 and issued notices to both sides.

Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

The Petitioner is a registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The employees concerned in the dispute are doing Line Work under the Respondents. The employees

are working through the alleged Contractor. Even though the Contractors changed often these employees continued to

work for the Respondents. The nature of duties performed by the employees are the same as carried out by the

permanent employees of the Telecom Department. The work done by them is perennial in nature. The alleged

contractors in most of the cases are one of the employees of the Respondents. The concerned employees cannot be

treated as contract labourer. The so-called contract system is a sham one. The overall control of the employees was

with the Telecom Department. The so-called contract labour system is only camouflage. There are sanctioned posts for

regularizing the employees concerned in the case. The Respondent establishment is one that comes under Tamil Nadu

Industrial Establishment (Conferment of Permanent Status to Workman) Act. All the employees have completed 480

days of service in a period of 24 calendar months. They are entitled to be made permanent. An Award may be passed

II

(ii)

2505

holding that the workmen are entitled to absorption in the service of the Respondents from the date of their joining

service, together with continuity of service and attendant benefits.

4.

The Respondents have filed Counter Statement contending as below

The petitioner is not concerned with the persons on whose behalf the dispute is raised. The BSNL Union is not

expected to take up the cause of those who are not members of the Union nor are the employees of the Department of

Telecom or BSNL. The BSNL is not precluded from engaging Contractors to get certain items of work done. The

Respondents are not responsible for the workers engaged by the Contractors. The work is extracted through the

Contractors on work contract basis. The contentions in the Claim Statement are denied. The petitioner is not entitled to

any relief.

5.

The evidence in the case consists of oral evidence of WW1 and documents marked as Ext.W1 to Ext.W3. The

Respondents did not adduce any evidence either oral or documentary.

6.

The point for consideration is:

Whether the concerned workmen are entitled to the relief of absorption as claimed?

The Point

7.

The dispute is raised on behalf of 10 workmen whose names are given in the annexure to the Schedule of

reference. According to the petitioner the workmen whose names are given in the Schedule of reference are working as

Linemen with the Respondents. The date of joining are also shown in the annexure to the Schedule of reference. As per

the annexure they have started to work in different years in between 1989 and 2001. The petitioner has claimed that the

concerned workmen are entitled to be absorbed with the Respondents. It is stated that though they were working

through the alleged Contractor, the so-called contract system is a camouflage and the contract is a sham one.

Permanency is claimed also on the basis of Tamil Nadu Industrial Establishment (Conferment of Permanent Status)

Act.

8.

One of the concerned workmen has been examined as WW1. He has stated in the Affidavit in lieu of Chief

Examination filed by him that workmen other than himself and one Prashant are not pursuing the case. Out of the other

8 workmen, one Ramesh Kumar is said to be contesting the case in another ID. Others are said to be not interested in

the dispute any more.

9.

WW1 has stated that he is at present working in the Office of the Sub-Divisional Engineer, Coonoor. The other

workman, C. Prashant on whose behalf also he is giving evidence is said to be working in the Office of the

Sub-Divisional Engineer, Kothagiri. He has further stated that he is doing Line Work, Cable Jointing Work and

Exchange Maintenance Work for the past 17 years. For the last 2 years he was working in the office taking care of

dispatch of letters and delivery of letters and messages. Prashant also is said to be doing Line Work and Cable Jointing

Work at Kothagiri for the last 8 years. WW1 has also stated that both of them have been working continuously and

have completed more than 480 days of continuous service in a period of 24 calendar months long ago and they should

be deemed to have attained permanent status as per the provisions of Tamil Nadu Industrial Establishment (Conferment

of Permanent Status) Act. He has further stated that the so-called contract system is a sham one and that the Contractor

through whom they are paid is only a name lender.

10.

Though WW1 has given evidence on behalf of one Prashant as well, apart from what he has stated in the Proof

Affidavit no evidence is available at all to show that Prasanth has been working for the Respondents for a long time,

either through a Contractor or directly. Ext.W1 and Ext.W2 on the side of the petitioner do not make mention of the

name Prashant at all. Ext.W3 is a document of 2015 which is not of any use in establishing the case put forth in the

Claim Statement. Even in Ext.W3 Prashant is shown as a person who has worked in leave vacancy for 8 days in April

2015 and has collected the amount due to him for these days. This workman has not come forward to present his case

before this Tribunal. There is absolutely no evidence available to establish the case on behalf of Prashant.

11.

Though some documents are marked on behalf of WW1 these are not helpful in establishing the case. Ext.W2

are the extracts from a Despatch Register for the period from 19.10.2010 to 29.10.2010. The document gives the name

of WW1 though it will not reveal that this has got anything to do with the Respondents. Ext.W1 is the only

document of the period prior to the raising of the dispute. This is said to be the work diary maintained by WW1 for the

period from 01.09.1999 to 30.11.2001. Unfortunately this document containing 13 sheets, also do not contain any seal

of the Respondents or anything to show that this has originated from the Office of the Respondents. Even assuming hat

these documents pertain to the Office of the Respondents these are not sufficient to prove the case set up by WW1.

The first page in Ext.W1 presumably shows the date on which he started work in September, 1999 and the date on

which he closed his work in the month. The total days of work are shown as 25. The subsequent pages reveal that he

had worked in different months for different number of days. There was never consistency in the number of days he

had worked each month. If it is 7 days in one month, it is 12 in another, 20 in another and 15 in another and so on.

2506

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Apart from this is the fact that Ext.W1 series which is said to be for the period from 01.09.1999 to 30.11.2001 would

not even show that he had worked consistently in all the months during the period. It does not show in which office he

had worked, under whom he had worked, whether it was under a Contractor or whether it was directly under the

Respondents. Even the claim of the petitioner that WW1 had worked for more than 480 days within a period of 24

calendar months is not established by this. What WW1 has stated during his cross-examination is that he had worked

for 480 days from the year 1999 to 2005. So even the claim that work of 480 days has been completed within a period

of 24 calendar months before the dispute was raised is not established. In any case the very case in the Claim Statement

is that the work is done through the Contractor and payment is made through a Contractor who is just a name-lender.

Thus, the case is that there is a contract system even though it is a sham one. So it is for the petitioner to establish it to

be sham. There is no evidence in this respect also. The case being that the work is done through the Contractor, the

Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act for conferment of permanent

status to workmen does not apply also. Thus, viewed from any angle the petitioner has failed to establish the case. The

petitioner is not entitled to any relief.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union :

WW1, Sri G.SelvaKumar

For the 2nd Party/Respondents

:

Nil

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Work Diary maintained by G.SelvaKumar for the period 01.09.1999 to

30.11.2001, 13 Sheets (W1 Serias)

Ext.W2

-

Extras from dispatch register for the period 19.10.2010 to 20.10.2010, 4 Sheets

(W2 Series)

Ext.W3

Aril, 2015

Statement containing the Names of workmen with No. of days worked and the

Amount paid to them (W3 Series)

On the Management’s side

Ext.No.

Date

Description

Nil

—

New Delhi, the 19th April, 2017

S.O. 1099.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 11/2016) of the Central Government Industrial Tribunal-cum-

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

Executive Director, Rajasthan Atomic Power Station Station Unit, Kota, Rajasthan and their workman, which was

received by the Central Government on 28.10.2016.

[No. L-42011/68/2012-IR (DU)]

RAJENDRA JOSHI, Dy. Director

II

(ii)

2507

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, Presiding Officer

I.D. 11/2016

Reference No. L- 42011/68/2012-IR (DU) Dated: 19.2.2013/20.2.2013

The General Secretary

Anushakti D R Shramik sangh, Rawatbhata,

Main Road, Near Police Station,

Distt. Chittod, Rawatbhata (Kota).

V/S

The Site Executive Director

Rajasthan Atomic Power Station Unit

R R site, Anushakti via Kota (Raj.)

Kota (Rajasthan)- 323305.

AWARD

30.9.2016

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 demand of Anushakti D R Shramik Sangh for same wages for the same work for contract

labourers from the management of Principal Employer, Nuclear Power Corporation of India Ltd.,

Rawatbhata, Rajasthan site management is legal and justified? To what relief the contract labourers are

entitled to and from which date ?”

2.

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

tribunal fixing 25.4.2016 for filing statement of claim.

3.

On 25.4.2016 Sh. Imran Khan, President & Sh. Yusoof Khan, Secretary were present for applicant & requested

for time to file statement of claim. None appeared for opposite party. 27.6.2016 was next date fixed for filing statement

of claim. On 27.6.2016 none appeared on behalf of applicant & statement of claim was also not filed. Sh. Rajendra

Gupta, learned advocate appeared for learned representative of opposite party Sh. Dharmendra Jain. Case was

adjourned by tribunal suo-moto in interest of justice fixing 19.9.2016 for filing statement of claim.

4.

On 19.9.2016 case was called out. Neither anyone appeared on behalf of applicant nor statement of claim was

filed. None appeared on behalf of opposite party also. In the interest of justice case was again adjourned by tribunal on

its own motion fixing 29.9.2016 for filing statement of claim.

5.

On 29.9.2016 also neither anyone appeared on behalf of applicant nor statement of claim was filed. None

appeared on behalf of opposite party also. Looking into lack of interest of the applicant in filing statement of claim

despite his appearance & seeking adjournment on 25.4.2016 & also despite number of opportunities extended to the

applicant suo-moto by tribunal further proceeding in the case was closed & case was reserved for award.

6.

It is pertinent to mention that reference order dated 19.2.2013/20.2.2013 was sent by Ministry to applicant with

direction to file statement of claim within 15 days from the date of receipt of reference but applicant has neither filed

statement of claim on the direction of Ministry nor on notice & knowledge of the proceeding pending before the

tribunal. It appears that applicant is not interested & willing in submitting the claim for adjudication. In the

circumstances & in the absence of material evidence brought on record, tribunal is unable to record the finding on

merit on the issue referred to it. Accordingly, “No Claim Award” is passed against the reference under adjudication.

The reference under adjudication is answered accordingly.

7.

Award as above.

BHARAT PANDEY, Presiding Officer

—

2508

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

New Delhi, the 19th April, 2017

S.O. 1100.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. No. 34/2002) of the Central Government Industrial Tribunal-cum-

Labour Court, Kota, Rajasthan as shown in Annexure, in the industrial dispute between the employers in relation to

the Deputy Telecom, District Engineer, Bundi, Rajasthan and their workman, which was received by the Central

Government on 11.04.2017.

[No. L-40012/120/2002-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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II

(ii)

2509

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tkudkjh esa vk;k gS fd lEizsf"kr funsZ'k@jsQzsUl esa vizkFkhZ fu;kstd }kjk izkFkhZ Jfed dks dc lsok ls eqDr@i`Fkd fd;k x;k] bl frfFk dk dksbZ

mYys[k ugha gSA vr% ;g fLFkfr Li"V ugha gS fd ;g U;k;kf/kdj.k vizkFkhZ }kjk izkFkhZ Jfed dh dkSulh frfFk] lsok i`Fkd frfFk ekudj vizkFkhZ ds

d`R; dh mfprrk ,oa oS/krk dk fofu'p; djsxk\ bl lEcU/k esa ekuuh; jkt- mPp U;k;ky; }kjk ikfjr U;k;n`"Vkar **2003 MCY;w-,y-lh- ¼jkt-

½ ;w-lh- i`”B 424& egkohj d.MDVj cuke uUnfd'kksj** esa ;g izfrikfnr fd;k x;k gS fd lsokvksa ds i;Zolku dh frfFk dk jsQzsUl esa mYys[k ugha

gksus ls Je U;k;ky; fdlh deZdkj ds dFkukuqlkj i;Zolku dh frfFk dks Lohdkj dj funsZ'k@jsQzsUl dh 'krksZ esa lq/kkj] la'kks/ku ;k mikUrj.k

djus esa l{ke ugha gS ,oa uk gh U;k;ky; dks i{kdkjksa dh lgefr ls, slh vf/kdkfjrk izkIr gksrh gSA vr% ekuuh; mPp U;k;ky; }kjk

funsZ'k@jsQzsUl esa deZdkj dh lsok i;Zolku dh frfFk of.kZr ugha gksus ls vf/kfu.kZ; dks vikLr dj fn;k x;kA bl mDr U;k;fu.kZ; esa izfrikfnr

fl)kar ds vuqlkj tgk¡ funsZ'k@jsQzsUl esa lsok ls gVkus] eqDr djus ;k i`Fkd djus dh frfFk dk vadu ugha gS rks Je U;k;ky; dks ml frfFk dks

lgh djus ;k la'kks/ku djus dh vf/kdkfjrk i{kdkjksa }kjk, slh frfFk lq>kfor fd;s tkus ij Hkh izkIr ugha gks tkrh gSA vFkkZr ;fn funsZ'k esa lsok

ls eqfDr] i`Fkd ;k gVkus dh frfFk dk dksbZ vadu ugh gS o nksuksa gh i{kdkj, slh frfFk ;fn crk Hkh nsrs gksa rks Hkh Je U;k;ky; dks ml crk;h

x;h frfFk dks ekudj mlds vk/kkj ij funsZ'k@jsQzsUl mRrfjr djus dk vf/kdkj izkIr ugha gks tkrk gSA bl U;k;fu.kZ; ds isjk la-11 esa ekuuh;

mPpre U;k;ky; }kjk ^^enuikyflag cuke mRrj izns'k jkT; o vU;&, vkbZvkj 2000, l-lh- 537^^ ds fu.kZ; dks foosfpr fd;k x;k gS rFkk

vUr esa ;g fu”d”kZ fudkyk x;k fd Je U;k;ky; funsZ'k esa of.kZr fcUnqvksa rd gh lhfer {ks=kf/kdkj j[krk gS ,oa mldks i{kdkjksa ds ukeksa esa

funsZ'k ls ijs tkdj la'kks/ku vkfn dk vf/kdkj izkIr ugha gksrkA ;fn ukeksa ;k frfFk vkfn esa dksbZ ifjorZu ;k vadu djkuk gS rks i{kdkjksa dks

leqfpr ljdkj ds le{k bl ckcr i{k j[kdj mlesa la'kks/ku djkuk gksxk] ijUrq Je U;k;ky; dks ,slk la'kks/ku djus dh vf/kdkfjrk ugha gSA

vr% blh fu.kZ; dks vk/kkj ekurs gq, ekuuh; mPp U;k;ky; }kjk mDr ekeys esa Je U;k;ky; }kjk ikfjr vf/kfu.kZ; dks {ks=kf/kdkj ds vHkko

dk ekurs gq, vikLr dj fn;k x;kA

7-

vc ;g U;k;kf/kdj.k gLrxr funsZ'k@jsQzsUl esa izkFkhZ Jfed dks vizkFkhZ fu;kstd }kjk dkSulh frfFk] lsok ls i`Fkd fd;s tkus dh frfFk

ekudj vizkFkhZ ds mDr d`R; dh mfprrk ,oa oS/krk dk fofu'p; djsxk rFkk D;k ;g U;k;kf/kdj.k i{kdkjksa }kjk lq>k;h x;h frfFk ekudj

izdj.k dk xq.kkoxq.k ij fofu'p; dj ldrk gS vFkok funsZ'k@jsQzsUl esa la'kks/ku djus dh vf/kdkfjrk j[krk gS\ bl lEcU/k esa ekuuh;

jktLFkku mPp U;k;ky; }kjk ikfjr mDr U;k;n`"Vkar **2003 MCY;w-,y-lh-¼jkt-½ ;w-lh- i`”B 424&egkohj d.MDVj cuke uUnfd'kksj** ds isjk

la[;k 12 dk mYys[k fd;k tkuk U;k;laxr gS ftlesa ekuuh; mPp U;k;ky; }kjk jsQzsUl ds fucU/ku ;k lsok lekfIr frfFk esa la'kks/ku vkfn

ckcr fuEu fLFkfr izdV dh x;h gS%&

"Thus, in view of the above, I reach the inescapable conclusion that the Labour Court has no competence to

correct/modify/amend /alter the terms of the reference or mention the date of termination etc., or proceed with

the reference and accepting the date of termination as suggested by the workman and in case it does so, the

award becomes nullity, being without jurisdiction, based on the bad reference."

8-

vr% ekuuh; jkt- mPp U;k;ky; }kjk ikfjr mijksDr U;k;n`"Vkar ds izdk'k esa gLrxr ekeys esa ;g U;k;ky; i{kdkjksa }kjk lq>k;h x;h

frfFk@uke vkfn dks la'kksf/kr frfFk@uke ekudj izdj.k dks xq.kkoxq.k ij fuLrkfjr fd;s tkus dh vf/kdkfjrk ugha j[krk gSA bl izdkj ekuuh;

mPpre ,oa ekuuh; mPp U;k;ky; }kjk Åij foosfpr fd;s x;s U;k;fu.kZ;ksa esa izfrikfnr fl)karksa ds vuqlkj gLrxr izdj.k esa bl

U;k;kf/kdj.k dks ,sls i{kdkjksa dk la'kks/ku izLrko Lohdkj fd;s tkus dh vf/kdkfjrk ugha gksus ls bl U;k;kf/kdj.k dh jk; esa ;g

U;k;kf/kdj.k ;fn dksbZ vf/kfu.kZ; ikfjr Hkh djrk gS rks og {ks=kf/kdkj ds vHkko dk gksdj 'kwU; gksxkA bu U;k;fu.kZ;ksa ds [k.Mu esa ;k vU;

dksbZ U;k;fu.kZ; ,slk is'k Hkh ugha fd;k x;k ftlesa fd Åij of.kZr fLFkfr gksus ds ckotwn Hkh U;k;ky; dks funsZ'k vf/kfuf.kZr djus dk vf/kdkj

izkIr gksA vr% dqy feykdj fLFkfr mDr U;k;fu.kZ;ksa ds gh vHkh rd izHkko'khy gksus dh ik;h tkrh gSA ekuuh; mPp U;k;ky; ,oa ekuuh;

mPpre U;k;ky; }kjk ikfjr mDr U;k;fu.kZ;ksa esa izfrikfnr fl)karksa ls ;g U;k;kf/kdj.k vkc) gSA vr%,slh ifjLFkfr esa lEiw.kZ foospu ds

mijkUr bl U;k;kf/kdj.k dh jk; esa bruk gh dguk i;kZIr gS fd gLrxr funsZ'k@jsQzsUl esa izkFkhZ Jfed dks vizkFkhZ fu;kstd }kjk dkSulh frfFk

ls lsok i`Fkd fd;k x;k gS] ,slh frfFk dk dksbZ vadu ugha gksus ls ;g U;k;kf/kdj.k, sls funsZ'k esa dksbZ la'kks/ku dj vf/kfu.kZ; ikfjr djus dh

vf/kdkfjrk ugha j[krk gS ,oa ;fn i{kdkj l{ke ljdkj ls bl ckcr funsZ'k@jsQzsUl esa la'kks/ku djkdj U;k;kf/kdj.k esa is'k djrs gSa rks

U;k;kf/kdj.k ,slk la'kks/ku izkIr gksus ij izdj.k esa fof/k vuqlkj dk;Zokgh dj ldsxk] ijUrq bl izdze ij fQygky ;g ekeyk bl U;k;kf/kdj.k

ds {ks=kf/kdkj ds vHkko dk ik;k tkrk gSA

ifj.kkeLo:i Hkkjr ljdkj] Je ea=ky;] ubZ fnYyh }kjk izklkafxd vkns'k fnukad 5@8@2002 ds tfj;s lEizsf"kr funsZ'k@jsQzsUl fookn

dks blh vuq:i mRrfjr fd;k tkrk gS fd ekuuh; jktLFkku mPp U;k;ky; }kjk ikfjr mDr U;k;n`"Vkar **2003 MCY;w-,y-lh-¼jkt-½ ;w-lh- i`”B

424&egkohj d.MDVj cuke uUnfd'kksj** esa izfrikfnr fl)kar ds vuqlj.k esa gLrxr funsZ'k@jsQzsUl esa of.kZr izkFkhZ Jfed jes'k dqekj dks vizkFkhZ

fu;kstd }kjk dkSulh frfFk dks lsok ls i`Fkd fd;k x;k gS] ,slh frfFk dk dksbZ vadu ugha gksus ls o bl U;k;kf/kdj.k dks i{kdkjksa }kjk lq>k;h

x;h frfFk dks Lohdkj fd;s tkus dh vf/kdkfjrk ugha gksus ls gLrxr funsZ'k@jsQzsUl esa vf/kfu.kZ; ikfjr fd;k tkuk 'kwU; ,oa {ks=kf/kdkj ds

vHkko dk gksxkA i{kdkj ;fn l{ke ljdkj ls mDr frfFk ckcr funsZ'k@jsQzsUl esa la'kks/ku@vadu djkdj U;k;kf/kdj.k ds le{k is'k djsaxsa rks

U;k;kf/kdj.k xq.kkoxq.k ds vk/kkj ij fof/k vuqlkj vkxs izdj.k ds fuLrkj.k dh dk;Zokgh dj ldsxkA

txeksgu 'kekZ] U;k;k/kh'k

2510

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

New Delhi, the 20th April, 2017

S.O. 1101.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. Case No. 36/2013) of the Central Government Industrial Tribunal-cum-

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

President, Merchant Navy Officers and Seamen’s Association, Kutch, Gujarat and their workman, which was received

by the Central Government on 04.01.2017.

[No. L-42012/152/2012-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi,

Presiding Officer, CGIT-cum-Labour Court,

Ahmedabad,

Dated 22nd November, 2016

Reference: (CGITA) No. 36/2013

The President,

Merchant Navy Officers and Seamen’s Association,

Marine Club Building,

New Kandla, Kutch (Gujarat)

…First Party

V/s

Shri Rakesh B.,

C/o D-129, Maheshwari Colony,

New Kandla, Kutch (Gujarat)

…Second Party

For the First Party

:

Shri Rajendrasinh B. Zala

For the Second Party

:

None

AWARD

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

42012/152/2012-IR(DU) dated 25.02.2013 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 Marine Club, Kandla in terminating the services of Shri Rakesh B. is

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

1.

The reference dates back to 25.02.2013. Later, the second party submitted a copy of declaration cum affidavit

vide application Ext. 6 which shows that he has settled the matter with the first party and does not want to prosecute the

reference.

2.

Thus the reference is dismissed as not pressed.

P. K. CHATURVEDI, Presiding Officer

II

(ii)

2511

—

New Delhi, the 20th April, 2017

S.O. 1102.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. Nos. 21/2005, 22/2005, 25/2005) of the Central Government Industrial

Tribunal-cum-Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation

to the Chairman & Managing Director, BSNL, New Delhi & others and their workman, which was received by the

Central Government on 03.04.2017.

[No. L-40011/23/2004-IR (DU),

No. L-40011/24/2004-IR (DU),

No. L-40011/27/2004-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 21, 22 and 25 of 2005

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. And Four

Others and their workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 3/71, 4th Street, Raghava Nagar

Madipakkam

Chennai-600091

AND

1.

The Chairman & Managing Director

:

2nd Party/1st Respondent

BSNL

Sanchar Bhawan

New Delhi-1

2.

The Chief General Manager

:

2nd Party/2nd Respondent

BSNL, Tamil Nadu Circle

Annasalai

Chennai-600002

3.

The General Manager

:

2nd Party/3rd Respondent

BSNL

New CTO Building

2512

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Rangapillai Street

Pondicherry-505001

4.

Sri Somasundaram

: 2nd Party/4th Respondent

Ex-Serviceman Security & Intelligence

Service

5.

M/s First Man Security Force

:

2nd Party/5th Respondent

Appearance :

For the 1st Party/Petitioner Union

:

M/s K.M. Ramesh, Advocates

For the 2nd Party/1st, 2nd & 3rd Respondent

:

Sri Priyakumar, Advocate

For the 4th & 5th Respondents

:

Sri Abdul Faizal, Advocate

S.No.

Industrial Dispute No.

Reference No.

1.

ID 21/2005

L-40011/23/2004-IR (DU) dated 19.01.2005

2.

ID 22/2005

L-40011/24/2004-IR (DU) dated 19.01.2005

3.

ID 25/2005

L-40011/27/2004-ID (DU) dated 19.01.2005

The Central Government, Ministry of Labour & Employment referred the IDs mentioned above to the Industrial

Tribunal, Chennai for adjudication. The IDs were numbered as ID 21/2005, 22/2005 and 25/2005 respectively. In both

IDs the parties have entered appearance through the counsel and filed claim and counter statement respectively.

The schedule mentioned in that order is:

ID 21/2005

“Whether the action of the management of Telecom Department, BSNL, Pondicherry in non-

regularizing/absorbing the services of the contract labourers numbering twenty (list enclosed) is legal and

justified and if not, to what relief the workmen/contract labourers are entitled to?”

ID 22/2005

“Whether the action of the management of Telecom Department, BSNL, Pondicherry in non-

regularizing/absorbing the services of the contract labourers number 39 (list enclosed) is legal and justified and

if not, to what relief the workmen/contract labourers are entitled to?”

ID 25/2005

“Whether the action of the management of Telecom Department, BSNL, Pondicherry is non

regularizing/absorbing the services of the contract labourers numbering four (list enclosed) is legal and justified

and if not, to what relief the workmen/contract labourers are entitled to?”

COMMON AWARD

3.

On receipt of the Industrial Dispute this Tribunal numbered it as ID 21/2005, 22/2005 and 25/2005 respectively

and issued notices to both sides. Both sides entered appearance through their counsel and filed Claim and Counter

Statement respectively.

4.

The averments in the Claim Statement filed by the petitioner in ID 21/2005 are as below:

The petitioner is a union registered under the Trade Unions Act. It has substantial number of persons working in

BSNL as its members. The workmen concerned in the case are doing the work of house-keeping. Housekeeping is an

integral part of the work of BSNL. The work done by them is perennial in nature. They are doing the very same kind of

work carried out by the permanent employees of the Respondent. The alleged Contractors in most of the cases are one

of the employees of the Respondents. The concerned workmen cannot be treated as contract labour.

The so-called contract is sham. The overall control of the so-called contract labour remains with the Respondents. The

concerned employees are to be made permanent on completion of 480 days in a period of 24 calendar months in the

service of the Respondents under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman)

Act. An Award may be passed holding that the concerned workmen are entitled to absorption in the service of the

Respondents from the date of their joining -service with continuity of service and attendant benefits.

5.

The Third Respondent has filed Counter Statement contending as below:

The Counter Statement is filed on behalf of Respondents 1 and 2 as well. The petitioner has no locus-standi to

espouse the cause of persons who are not employees of Bharat Sanchar Nigam Limited (BSNL). The petitioner is

II

(ii)

2513

entitled to raise Industrial Dispute only in matters related to the service conditions of the employees of BSNL. The

workmen on whose behalf the dispute is raised are not employees of BSNL. The work of housekeeping and

conservancy in Pondicherry SSA is entrusted to the registered Contractors through tender procedure and payments for

the work are made to the Contractor only. The workmen listed in the annexure to the schedule of reference are in no

way connected to the Third Respondent. The petitioner cannot raise dispute in respect of workmen engaged by the

Labour Contractors. The contention in the Claim Statement that the concerned workmen carry out the work of

permanent employees in the Telecom Department, that they are doing work which is perennial in nature, that the

alleged contractors are mostly employees, etc. are not correct. The concerned workmen were never paid wages by

BSNL. A contract labour cannot be a member of the Petitioner Union since they are not employees of BSNL. The

question of regularization of the concerned workmen on completion of 480 days does not arise as they are not labourers

engaged by BSNL. The petitioner is not entitled to any relief.

6.

Respondents 4 and 5 were subsequently impleaded in the party array. The Fourth Respondent has filed Counter

Statement contending as below:

The Fourth Respondent is a Managing Partner of Ex-Serviceman Security and Intelligence Service, Pondicherry.

He has obtained contract from BSNL by participating in the tender and having become the successful bidder. The

Fourth Respondent was engaged for executing contract work in BSNL, Pondicherry during the period from January

2002 to December 2004. The Fourth Respondent had engaged workmen depending upon the nature of work in

accordance with the schedule prescribed by the BSNL tenders. There is no direct contract between the workmen and

BSNL. The workmen were paid by Fourth Respondent. These workmen are not members of the Petitioner Union. The

petition is liable to be dismissed.

7.

The workmen involved in ID 22/2005 are said to be doing cable work. The petitioner has raised contentions on

their behalf similar to those raised in ID 21/2005. It is stated that these workmen are doing work of perennial nature,

that they have been continuously working, that the so-called Contractor is employee of the Respondents, that

supervision of the workmen are by the Officers of BSNL and that the concerned workmen are entitled to be absorbed in

the service of BSNL.

8.

The Third Respondent has filed Counter Statement on behalf of Respondents 1 and 2 as well resisting the

contentions in the Claim Statement and putting forth contentions similar to those raised in ID 21/2005. Respondents 3

and 4 have not filed any Counter Statement.

9.

ID 25/2005 is in respect of those workmen who are doing the work of delivering telegraphs. Their work also are

said to be perennial in nature. On their behalf also contentions similar to those in the other two IDs are raised. The

Third Respondent has filed Counter Statement in this ID also raising contentions similar to those in the other two IDs.

10.

All the above three disputes have originated from Pondicherry Secondary Switching Area. The parties have

agreed for a joint adjudication of the three matters, the parties being the same and the contentions raised in all the cases

being similar in nature except for the fact that the workmen concerned in each of the cases are working in different

areas of BSNL.

11.

In ID 21/2005 the petitioner has examined WWs 1 to 3 and marked Ext.W1 to Ext.W20. In ID 22/2005 the

petitioner has examined WW1 and marked Ext.W1 to Ext.W5. In ID 25/2005 the petitioner has examined WW1 and

marked Ext.W1 to Ext.W5 also. On the Respondent’s side MW1 was examined and Ext.M1 to Ext.M10 were marked.

12.

The points for consideration are:

(i)

Whether the demand of the Petitioner Union for absorption of the workmen involved in the different IDs

are justified?

(ii)

What are the reliefs, if any to which the concerned workmen are entitled?

ID No. 21/2005

13.

20 workmen are involved in ID 21/2005. The list of these workmen along with details, such as their Date of

Birth, Date on which they have started to work, their place of work, the name of the Contractor, etc. are given in the

annexure to the schedule of reference. The case advanced on behalf of the workmen, as stated, is that they were doing

the work of housekeeping from the date specified in Annexure, that the work is perennial in nature, that the contract is

sham and that they were directly under the supervision of the BSNL and they are entitled to be absorbed in the

establishment.

14.

Initially WW1, S.No. 19 in the annexure to the schedule of reference has been examined. This witness has stated

that the case of the Respondent that they are contract labourers is incorrect. He has further stated that all the concerned

workmen are getting salary directly from the Respondents and that they were being paid monthly. He has also stated

that all the concerned workmen have completed 480 days of continuous service in a period of 24 calendar months and

2514

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

they ought to have been conferred permanent status. According to him initially they have signed in a payment receipt

which was meant for the employees of the Respondents. Ext.W1 to Ext.W6 were marked through this witness.

15.

WW2, one of the workmen (S.No. 12) in the annexure to the schedule of reference) was examined after the

matter came back to this Tribunal after stay by the High Court was vacated. By this time, WW1 has left the job and the

country. WW2 has stated that WW1 is not interested in getting any relief as he has left India. WW2 has stated that he is

giving evidence on his own behalf and also on behalf of other 14 workmen involved in the ID. The evidence given by

this witness is in tune with the evidence of WW1.

16.

What is the evidence available to prove the case of the petitioner? Ext.W1 consists of Bill Payment Receipts of

several workmen starting from one of the workman Mahalingam. Though the printed portion of the receipts are not

clear the written portion reveals payments made to Mahalingam directly by the Officer of Telecom starting from July

2001. The receipts up to November 2002 are seen produced though receipts for the entire period are not available.

Ext.W2 and Ext.W3 are also said to contain evidence in respect of the work done by Mahalingam. Some of the pages

reveal payment to Mahalingam in 2006. So it is clear that he was continuing in the establishment long after the dispute

was raised also. However, the period of work done by this workman before the dispute was raised was very little. Even

as per the schedule of reference he has started to work in the establishment on 02.02.2000. The documents reveal

payment to him from July 2000 only. One of the basis on which the claim was raised is that the workmen are entitled to

be conferred permanent status as per Tamil Nadu Industrial Establishment (Conferment of Permanent Status to

Workmen) Act. However, in the annexure to the schedule of reference itself the concerned workmen are said to be

working under the Contractor whose name is given. So there is no question of conferment of permanent status to this

workman or any other workman involved in the case. In any case there is no evidence at all to show that this workman

had worked for more than 480 days within a period of 24 calendar months. It was only for a short period he had been

working before the dispute was raised.

17.

Ext.W1 includes some bill payment receipts in respect of Prathibha, Lalitha and Tamil Vendhan also. These are

also of late 2001 and subsequent period. Same is the case with Ext.W2 in which also the names of Pratibha and Lalitha

are mentioned. Ext.W3 (series) are said to be in respect of Lalitha also. But nothing could be made out on perusal of the

document. The document gives the heading “Circle Dak” and it is described as the File Movement Register. However,

it will not show how Lalitha is connected to this. So also the connection of Mahalingam and Pratibha in respect of

another File Movement Register coming under Ext.W3 also could not be made out from the document. There is no

evidence as to on which date they have started to work. There is of course the fact that the payments are seen made

directly by the Respondent in spite of the claim of the Fourth Respondent in the Counter Statement that he is the

Contractor and he was making payments to the concerned workmen and there was no direct dealings between the

workmen and the Respondents. The above workmen are not eligible for any relief, in the absence of any evidence.

18.

The documents about which other workmen are concerned could be examined now. Ext.W4, Ext.W5 and

Ext.W6 are documents said to be in respect of Kumar, Hariprakash and Ganesan. Though Ext.W4 is termed as an

appointment letter, this document states that Kumar is “allotted to” GM (O) and Hariprakash is “allotted to” DE

(South). One is in May, 2000 and the other is in July, 2000. Ext.W5 is said to be the Attendance Register of Kumar but

it could not be deciphered for which month or year it is. Ext.W6 payment bills are all of the year 2005, long after the

dispute was raised. They only shows that Kumar, Hariprakash and Ganesan had been working subsequently also.

Amount payable is seen passed for each of them individually by the Accounts Officer. This at least shows that payment

was being made directly and not through the Contractor. Ext.W7 are ACG-17 and ACE-2 receipts in respect of Kumar

for different dates in the year 2001 to 2004. Ext.W8 is described as copy of Maintenance Register in respect of

Hariprakash and Ganesan for the period from 2004 to 2005 but nothing could be made out on examination of the

document itself. It does not reveal connection to the two workmen named. None of the workmen are entitled to any

relief on the basis of these documents.

19.

Ext.W9 to Ext.W14 are the documents said to be in respect of Selvam, Abdul Majid, Abdul Kader and

Manimegalan. Ext.W9 (series) are payments made during 2005 mostly. A few bills of 2001 are also seen. Ext.W10 is a

paper stating that Selvam was deputed for Election Duty in September, 2002. Ext.W11 is described as Inward Register

in respect of Selvam. However, except for the name Selvam having been written at the top of Page-5 this document

does not convey anything to show that these are in respect of Selvam. The inward pagination of the document would

show that these are not in order but different pages at random are combined together. Ext.W12 is said to be Inward

Register of Abdul Majid but this also does not convey anything. It could not be deciphered if the entries therein are by

Abdul Majid or whether it contains his signature. WW2 has stated that Abdul Majid is not interested in getting any

relief. Even in respect of other workmen referred to, the documents do not serve any purpose.

20.

Ext.W15 (series) consists of bill payments to Bertin for the period from 2001 to 2005. These of course would

show that he was there and paid directly by the department from July 2001. However, the dispute was raised even

before a year of this date. Even if Tamil Nadu Conferment of Permanent Status Act is applicable this workman would

not have become eligible for relief. Being in the establishment from July 2001 does not entitle him to be absorbed on

II

(ii)

2515

the ground that the contract is a sham one. This is the case with Kasilingam, Jayavel, Magesh and Brono Eric in whose

favour some bills are there. Ext.W16 contain late hour payment voucher bill in respect of Bertin, Kasilingam, Jayavel,

Magesh and Brono Eric. All these are from late 2001. The reasoning given earlier applies to this document as well.

Same is the case with Ext.W17 Bill Payment Register in respect of Kasilingam, Jayavel and Magesh, Ext.W18 Duty

Chart and Letter Inward Register of Magesh and Ext.W19 note sheet of bill payment file in respect of Brono Eric.

Ext.W17 does not even show that it is in respect of the workman named. Thus the documents produced are not

sufficient to give any relief to the workmen involved in ID 21/2005. There is no necessity to examine the evidence

given on the side of the Respondent for this reason. This ID is to be answered against the petitioner.

ID No. 22 of 2005

21.

There are 39 workmen involved in this ID as revealed from the annexure to the schedule of reference. One of the

workmen has given evidence representing all others. This witness has stated that himself and other workmen involved

in the ID are getting salary directly from the department and they were working under the direction and supervision of

the Officers of the Department. He has also stated that all of them have completed 480 days of continuous service in a

period of 24 calendar months.

22.

Ext.W1 to Ext.W5 are produced to prove the case of the workmen in this ID. Ext.W5 is only a copy of the

annexure to the schedule of reference. Ext.W1 is said to be work details and Gate Pass of Sachidanandam, Madurai,

Rajendran and Shanmugham. These Gate Passes are of 2005 and after. The work details will not reveal who were doing

the work. Ext.W2 is the work details of WW1. The document contains his signature at every page but this is of the

period from 2002 only, all after the reference. Ext.W3 Gate Passes and Key Entry Register in respect of Natarajan are

of 2005 and 2006 long after the reference. Ext.W4 work details is in respect of Selvam and Kumar, but much after the

reference. The documents referred to are not sufficient to establish the case of the concerned workmen. None of the

workmen in ID 22/2005 are also entitled to any relief.

ID No. 25 of 2005

23.

In this ID two witnesses were examined on the side of the petitioner. WW1 has stated that he is filing the Proof

Affidavit on behalf of four workmen, but without stating on behalf of which workmen. He has stated that the case of the

Respondent that they are contract labourers is incorrect. It is further stated by him that they were getting salary directly

from the Respondent. He has claimed that himself and other workmen had completed 480 days of continuous service in

a period of 24 calendar months and the Respondents should have conferred permanent status on them. The names of the

Officers who had allegedly extracted work from him and others are also mentioned in the Proof Affidavit. This witness

seems to be still working with BSNL.

24.

WW2, Ekavalli stated said that she is giving evidence for herself and two others by name Zakira and Ravinath.

Herself and Zakira are said to be doing telegraph work and also house-keeping as part-time work. Ravinath is said to be

now doing house-keeping work. All of them are still working, she has stated. The witnesses have not stated from which

date the concerned workmen have started to work in the establishment. Their claim seems to be on the basis that they

have worked for more than 480 days in a period of 24 calendar months in the Respondent establishment. However,

there is nothing to prove this claim of the concerned workmen.

25.

Ext.W1 to Ext.W5 are produced in support of the workmen concerned in the case. Ext.W1 is only a request by

the Sub-Divisional Engineer to the Divisional Engineer (Admn.), Pondicherry on 13.10.2000 to arrange two contract

labourers for working as Sweepers. This is not of any help to the concerned workmen in so far as this does not contain

the name of any of them. Apart from that is the fact that this document is of 2000 only a few months before the dispute

was raised.

26.

Ext.W2 is the communication stating that bio-data of Zakira and Ekavalli are being sent. It also states that

payment up to 30.09.2000 would be made at CTO. This will probably show that these two workers were in the

establishment at the time. But this will not show at what time they have started to work in the establishment. Ext.W3 is

described as Payment Log Book for the period from October 1998 to August 2002. However, it could not be deciphered

from the document to whom it pertains to. This does not contain any name. Only a few initials are there. This is not of

any help to the concerned workmen. Ext.W4 is the Attendance Log Book containing the names of Krishnamurthy and

Ravinath, two of the workmen concerned. This starts from September 2000. So this is also a document that has come

up immediately before the dispute was raised. This would not show that the concerned workmen were working in the

establishment for a long time. It will not even show that they have completed 480 days of continuous service in the

establishment within a period of 24 calendar months. So the petitioner has failed to prove the case of the workmen

involved in ID 25/2005 also. The petitioner is not entitled to any relief in any of the three IDs.

2516

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

27.

In view of my discussion above itself the petitioner is not entitled to relief in any of the cases. There is no

necessity to discuss the evidence given on behalf of the Respondent for this reason.

For the foregoing reasons all the references are answered against the petitioner. Awards are passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

ID 21 of 2005 (PONDICHERRY)

Witnesses Examined for Petitioner

For the 1st Party/Petitioner Union

:

WW1, Sri. M. Abdul Majeeth

WW2, Sri C. Kumar

For the 2nd Party/Respondents

:

MW1, Sri G. Rajendren

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

2001 to 2005

Bill Payment Receipts of B. Mahalingam, J. Prathiba, M. Lalitha, S.

Tamilvendan

Ext.W2

2002 to 2006

Service Book, Stationary Bills, Attendance, Bill Received Register, Car Bill File

Note Sheet of B. Mahalingam, J. Prathiba, M. Lalitha

Ext.W3 Series

2002 to 2006

Circle Dak, DGM(F) Dak, File Movement Register, Letter Received Dak of M.

Lalitha

Ext.W4

2000

Appointment letter of C. Kumar & P. Hariprakash

Ext.W5

2000

Attendance of C. Kumar

Ext.W6

2005

Payment bill of C. Kumar, P. Hariprakash and S. Ganesan

Ex.W7

2001 to 2004

ACG-17 and ACE-2 of C. Kumar

Ex.W8

2004 to 2005

Xerox Copy of maintenance register of P. Hariprakash and S. Ganesan

Ext.W9

2001 to 2005

Bill payment of K.Selvam, M. Abdul Majeeth and A. Abdul Khadhar

Ext.W10

2000

Election duty I.D., Telecom Recreation Club levy of K. Selvam

Ext.W11

2003 to 2005

Letter inward register of K. Selvam, M. Abdul Majeed and K. Manimegalan

Ext.W12

2004

Letter of respondent BSNL authorizing M. Abdul Majeed

Ext.W13

2001 to 2003

Letter inward register & ACE-2 of M. Abdul Majeed

Ext.W14

2000 to 2002

Attendance Register, Receipt of M. Abdul Majid, A. Abdul Kader

Ext.W15

2001 to 2005

Bill Payment of V. Bertin, R. Kasilingam, J. Jayavel, V. Magesh, J. Bronoeric

Ext.W16

2001 to 2005

Late hour payment voucher bill and despatched STD & local PCO payment bills

vouchers of V. Britin, R. Kasislingam, J. Jayavel, V. Magesh and Brono Eric

Ext.W17

2001 to 2006

Bill Payment Register of R. Kasilingam, J. Jayavel and V. Magesh

Ext.W18

2000

ACG-17, duty chart and letter inward register of V. Magesh

Ext.W19

2003

Note sheet of Bill payment file of K.R.Guru travels of J. Brono Eric

Ext.W20

-

Annexure to 2K petition

ID 22 of 2005 (PONDICHERRY)

Witnesses Examined for Petitioner

For the 1st Party/Petitioner Union

:

WW1, Sri. A. Pitchai

II

(ii)

2517

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

2003 to 2005

Work Details and Gate Pass of J. Sachidanandam, M. Madurai, V. Rajendran, S.

Shanmugham

Ext.W2

2002 to 2005

Work Details of A. Pitchai

Ext.W3

2005 to 2006

Gate pass and key entry register of A. Natarajan

Ext.W4

2003 to 2004

Extra hours duty and work details of P. Selvam and D. Kumar

Ext.W5

-

Annexure to 2K Petition

ID 25 of 2005 (PONDICHERRY)

Witnesses Examined for Petitioner

For the 1st Party/Petitioner Union

:

WWs, Sri. S. Tamil Vendhan/Smt. S. Egavalli

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

13/10/2000

SDE request letter to DE Admin

Ext.W2

30/09/2000

Bio Data of Zakira and Egavalli

Ext.W3

1/10/1998 to

31/08/2002

Payment Log Book

Ext.W4

2000

Attendance log book of B. Krishnamurthy and S. Ravindran

Ext.W5

-

Annexure to 2K Petition

On the Management’s side

Ext.No.

Date

Description

Ext.M1

July 2001

Register of wages of contract labourers of M/s.Ex-servicemen security and

Intelligence Labours, Puducherry.

Ext.M2

1.4.2001 to

Form 6 Employees State Insurance Corporation of M/s.Ex-servicemen security

30.9.2001

and Intelligence Labours, Puducherry.

Ext.M3

21.6.2001

Registration certificate/renewal of M/s.Ex-servicemen security and Intelligence

Labours, Puducherry.

Ext.M4

July 2001

Register of wages of contract labourers of M/s. Ex-servicemen security and

Intelligence Labours, Puducherry

Ext.M5

January 2003

Register of wages of contract labourers of M/s. Ex-servicemen security and

Intelligence Labours, Puducherry

Ext.M6

1.4.2001 &

Form 6 Employees State Insurance Corporation of M/s. Ex-servicemen security

30.9.2001

and Intelligence Labours, Puducherry

Ext.M7

1.10.2001 to

Form 6 Employees State Insurance Corporation of M/s. Ex-servicemen security

31.3.2002

and Intelligence Labours, Puducherry

Ext.M8

April 2001 to

Form 6A Employees Provident Fund Scheme of M/s. Ex-servicemen security

March 2002

and Intelligence Labours, Puducherry

Ext.M9

3.8.2007

Registration certificate/renewal of M/s. Firstman Security Force Trichy

Ext.M10

2006-07

Form 6A Employees Provident Fund of First Man Security Force Labours,

Trichy.

2518

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

New Delhi, the 20th April, 2017

S.O. 1103.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. Nos. 54/2003, 313/2004) of the Central Government Industrial Tribunal-

cum-Labour Court, Chennai as shown in Annexure, in the industrial dispute between the employers in relation to the

General Manager, BSNL, Coimbatore and their workman, which was received by the Central Government on

03.04.2017.

[No. L-40011/48/2002-IR (DU),

No. L-40011/38/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 54/2003 and 313/2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

BSNL Employees Union

No. 21/10, R.K. Srinivas Apartments

Bharathiyar 1st Street

Pazhavanthangal

Chennai-600114

AND

The General Manager

:

2nd Party/Respondent

BSNL

Coimbatore-43

Appearance :

For the 1st Party/Petitioner Union

:

M/s K.M. Ramesh, Advocates

For the 2nd Party/1st & 2nd Respondent

:

Sri D. Simon, Advocate

S.No.

Industrial Dispute No.

Reference No.

1.

54/2003

L-40011/48/2002-IR (DU) dated 17.04.2003

2.

313/2004

L-40011/38/2003-IR (DU) dated 13.02.2004

II

(ii)

2519

COMMON AWARD

The Central Government, Ministry of Labour & Employment referred the IDs mentioned above to the Industrial

Tribunal, Chennai for adjudication. The IDs were numbered as ID 54/2003 and ID 313/2004 respectively. In both IDs

the parties have entered appearance through the counsel and filed claim and counter statement respectively.

The schedules mentioned in the respective orders are:

ID 54/2003

Whether the demand of the Union for absorption of the 30 workers (list attached) engaged through various Contractors

for telegraph work by BSNL is justified? If not, to what relief they are entitled?”

ID 313/2004

Whether the demand of the Union for absorption of 8 workers (list enclosed) engaged through Contractors by the

General Manager, BSNL, Coimbatore to do CTO Messengers work is justified? If not, to what relief they are entitled

to?”

2.

The averments in the Claim Statement filed by the petitioner in ID 54 of 2003 are as below:

The petitioner is a Registered Trade Union having substantial number of permanent workmen working in BSNL

as its members. The dispute is raised on behalf of workmen working under Coimbatore SSA. They are doing the work

of Telegraph Messengers, Sweepers, Housekeeping work, etc. These workmen are working directly under the control

and supervision of BSNL. They are doing the very same work carried out by the permanent employees of the

Department. The work done by them is perennial in nature. The workmen cannot be treated as contract labour but have

to be treated as part and parcel of the regular service of the Department. All the workmen concerned in the dispute are

Class-IV employees for which sponsorship from Employment Exchange is not required. The work performed by them

are essential. The so-called contract system is a sham one. The overall control of the workmen including administrative

control remained with the Department. The alleged Contractors are regular staff of the Department. They engage the

workers, supervise the work, take their attendance and claim and pay their wages. There are regular sanctioned posts for

regularizing the workmen concerned in the case. The BSNL is an establishment as per Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to Workmen) Act. The concerned workmen having completed 480

days of work in a period of 24 calendar months should be made permanent. An Award may be passed holding that the

workmen are entitled to regular absorption in the service of the establishment from the date of their joining together

with continuity of service and attendant benefits.

3.

The Respondent has filed Counter Statement contending as below:

The petitioner has no locus-standi to espouse the cause of persons who are not employees of BSNL. The

petitioner is not a recognized union. The subject matter of the claim does not relate to the service conditions of any of

the employees of BSNL. As such the claim is not maintainable. The Contractors have not been impleaded as parties.

So the dispute is bad for non-joinder of necessary parties. It is not correct to state that the concerned workmen are doing

work of the same nature as done by regular employees, that the work is perennial in nature, that there is direct control

and supervision by the Respondents, that the Contractors are the Officers of BSNL, etc. Though the petitioner has

admitted that the workmen are contract labourers they are described as casual labourers doing the work of Class-IV

employees. These are mutually inconsistent pleas. In the case of contract labourers there is no supervision or control by

the principal employers. The petitioner having admitted that the concerned workmen are contract labourers, the

question of their absorption or regularization does not arise. The Respondents have not been prevented from engaging

contract labour. The Respondents do not know about the details of the concerned workmen. It is the Contractors who

do the work and they only know about the details of their workmen. If the workmen have worked for more than 480

days they are to claim permanency with he Contractors and not with the Respondents. The petitioner is not entitled to

any relief.

4.

The workmen concerned in ID 313/2004 are also said to be working under Coimbatore SSA, as CTO

Messenger, etc. The Petitioner Union has raised the same contention as that in ID 54/2003 in respect of these workmen

and has claimed their absorption in BSNL. The Respondent has filed Counter Statement raising contentions similar to

those in ID 54/2003 in this ID as well. The two cases were tried jointly, both of them are coming under Coimbatore

SSA and also because the petitioner and the Respondent are the same in both cases. Evidence was recorded in ID

54/2003 treating it as the main case.

5.

The evidence consists of oral evidence of WW1 to WW3 and MW1 and documents marked as Ext.W1 to

Ext.W17 and Ext.M1 to Ext.M12.

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

6.

The points for consideration in both cases are:

(i)

Whether the claim of the Petitioner Union for absorption of the concerned workers is justified?

(ii)

What if any is the relief to which the petitioner is entitled?

The Points

7.

The Petitioner Union has raised the dispute as per ID 54/2003 on behalf of 30 workers whose names and other

details are given in the annexure to the schedule of reference. There are 8 workmen involved in ID 313/2004. Their

names and other details are given in the annexure to the schedule of the said ID. The concerned workmen are said to be

working as Telegraph Messengers, Sweepers, etc. According to the Petitioner Union, though the workmen were

working under the so-called contract system they were always under the control and supervision of Department of

Telecom initially and thereafter under BSNL. The contract system if any the workmen are working is said to be a sham

one. The Contractors are stated to be employees of the department themselves. The petitioner has also stated that all the

workmen have completed more than 480 days of work within 24 calendar months. The petitioner has claimed

absorption of the workmen on the ground that the contracts under which they are working are sham and nominal and

also because they are entitled to permanent status under Tamil Nadu Industrial Establishment (Conferment of

Permanent Status to Workmen) Act.

8.

The petitioner has examined two workmen involved in ID 54/2003 to establish the case. WW1 has stated in his

Proof Affidavit filed by him that he is giving evidence on behalf of all the workmen concerned in both cases. He has

also stated in his affidavit that all of them were working for a period ranging from 5 to 15 years and were doing the

work of delivering telegrams or working as Sub-Staff. They have been working in different places under Coimbatore

SSA. He has stated that all the concerned workmen have requested the BSNL to confer them permanent status. The

names of the officials who are said to have extracted work from the workmen are also given in the Proof Affidavit.

WW2, the other workmen has stated in his affidavit that his evidence is on behalf of other workmen concerned in ID

54/2003 as well. He has stated that he has been working for 12 years. He had been doing the work of delivering

telegrams and also as Sub-Staff. Both witnesses have stated in their affidavits that the contract system is sham and they

were directly under the control of the Telecom Department or BSNL as the case may be.

9.

What are the documents available to substantiate the case of the petitioner? Ext.W1 and Ext.W2 are only replica

of the annexure to the schedule of reference. Ext.W3 contains several wage receipts and other documents pertaining to

the concerned workmen. Page 1 of Ext.W3 is a memo stating that lowest quotation for sweeping and cleaning of the

office of the Senior Superintendent, Telegraph Traffic, Coimbatore Division was received from Nagalakshmi and she

would paid at the rate of Rs. 500/- per month. Pages 2 to 5 are Acquittal Rolls showing payment to Nagalakshmi for

different months in the year 1996 and 1997. Page 47 of Ext.W3 contains and endorsement regarding Nagalakshmi

showing that she has performed the work in November, 1995. Those pages contains the seal of the Telecom Centre at

Kaundanpalayam, Coimbatore. Though Page-1 of Ext.W3 states that lowest quotation was received from Nagalakshmi,

in the pages of acquittal roll she is described as the Sweeper-cum-Cleaner on contract basis. It is clear that though it is

described as a Contractor Nagalakshmi herself was doing the work and so she was the workman also. However,

documents are not available to show if Nagalakshmi had been continuing as a Sweeper even after 1997. She has not

come forward to give evidence. So her claim for absorption cannot be considered.

10.

Ext.W7 contains the details of work done by Krishnamurthy examined as WW1. These are labour charge bills

for the period from December 1997 to April 1999. Ext.W4 (Page-45) contains the Identity Slip of Krishnamurthy. This

document dated 31.09.1992 issued by the Superintendent, Central Telegraph Office, Coimbatore shows Krishnamurthy

was a Coolie Messenger employed at CTO for delivery of telegraphs and contingent works. Page-46 contains an

Identity Slip issued in 1993 by the same Superintendent showing that Krishnamurthy was doing the same type of work

even in 1993. Page-49 gives the details telegrams delivered by Krishnamurthy in the year 2001. Page-53 reveals that he

was continuing in the establishment and was doing the same work in 2002, immediately before the dispute was raised

also. Thus it is clear from the documents referred to above that Krishnamurthy was working in the department at least

from 1992. There is no reference of his having been engaged as contract worker. Several other documents produced on

behalf of this witness shows that he is continuing in the establishment. Ext.W8 (series) shows that during 2004 and

2005 as well Krishnamurthy had been working in the establishment. There is also the evidence given by WW1 that he

had been continuously working in the establishment. Thus it is clear that even though the Respondent is claiming that

all the workmen including WW1 must have been engaged as contract labours, as revealed in the documents they were

directly under the control and supervision of the officials of the Respondent. WW1 was directly reporting to them and

they were sanctioning payment for him.

11.

Another workman who seems to have been working for a long time is Manimaran examined as WW3. Ext.W12

is regarding sanction of coolie charges to Manimaran for delivering telegrams in the year 1993 and 1994. These

II

(ii)

2521

documents show that he was working for the establishment on all days. Ext.W13 is an Identity Slip issued in 1992

stating that Manimaran was employed in Central Telegraph Office, Coimbatore for delivery of telegrams. Ext.W15

containing the seal and signature of Telegraph Office, Ramanathapuram shows that Manimaran had been working for

the establishment in 1991 also. In fact Ext.W15 contains the details of days for which Manimaran had worked in the

years 1991 to 2002. When considered alongwith other documents this should be treated as the correct

acknowledgement of the work done by Manimaran. Ext.W3 contains the details of telegrams delivered by Manimaran

in February 2001. He had delivered 893 telegrams and had collected Rs. 1,786/- from the Telegraph Office, R.S.

Puram. There is the evidence given by WW3, Manimaran that he had been working in the establishment from 1991 as a

Telegraphman. So it is apparent that he was working in the establishment at least from 1991 and was there even at the

time when the dispute was raised. As in the case of WW1, he was also directly working under the Respondent for a

long time continuously. He is not referred to as a contract workman. Even if he was working on contract basis it is to be

treated as a sham one.

12.

Ext.W3 contains details in respect of some other workmen also. However, the particulars of their engagement in

2000 or 2001 only are available. There is nothing to show that they have been working in the establishment for a long

time. There is no evidence also to show for how many days they have worked. So their claim for absorption or

permanency in any case could not be entertained.

13.

The counsel for the Respondent has referred to the decision of the Apex Court in Uma Devi’s case reported in

2006 4 SCC 1 to contend that there cannot be regularization of the workmen as they were engaged without following

due process of selection as envisaged in constitutional scheme. However, the dictum laid down in the Uma Devi’s Case

has been subsequently explained in the case MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS.

CASTERIBE RAJYA PARIVAHAN KARMACHARI SANGHATHANA reported in 2009 2 SCC (L&S) 513. It has

been held in the above decision that the powers of the Industrial and Labour Courts were not under consideration in

Uma Devi case and issues like the one pertaining to unfair labour case was not at all referred to, considered or decided

in Uma Devi case. Unfair labour practice on the part of the employer in engaging them as Badlis, casuals or temporaries

and to continue them as such for years with the object of depriving them of the status and privilege of permanent

employees as provided in Item-6 of schedule IV and the power of Industrial and Labour Courts under Section-30 of the

Act did not fall for adjudication or consideration before the Constitution Bench, it was held. It was also held that Uma

Devi does not denude the Industrial and Labour Courts of the statutory power to order permanency of the workers who

have been victims of unfair labour practice on the part of the employer.

14.

When considered in the light of the above proposition of law it could be seen that WW1 and WW3 were made to

work continuously in the establishment under the guise of contract or otherwise. The establishment had been extracting

work from them at a very low rate of wages for a very long time. It is unfair labour practice on the part of the

establishment. They are entitled to be regularized.

15.

MW1, the Assistant General Manager of Coimbatore SSA has stated that Ext.M1 is the notification which would

show that BSNL Employees Union is given recognition only to represent the matters of its own members. According to

the Respondent the Petitioner Union has no locus-standi to raise the dispute. WW2, an official of the Union has been

examined to meet this case. Ext.W10 the bye-laws of the Union and Ext.W11 the resolution passed by the Union on

30th and 31st October, 2001 are marked through this witness. WW2 has stated that as per the bye-laws of the Union it is

entitled to espouse the cause of BSNL employees in general. Apart from that it has decided to espouse the cause of all

workmen who had not been regularized, by Ext.W11 resolution. So the contention that the Union is not competent to

espouse the cause of the workmen will not hold good.

In view of the above discussion WW1 and WW3 are entitled to be absorbed in the establishment. Accordingly,

an Award is passed as below:

WW1 and WW3, S.Nos. 1 and 2 respectively in the annexure to the schedule of reference in ID 54/2003 are

deemed to have been absorbed with BSNL in their then position from the date on which the dispute was raised.

They are entitled to the difference in the wages due to them on such absorption. The arrears of pay shall be paid

within two months of the publication of the Award. In default it will carry interest at the rate of 6% per annum

from the date of the Award.

ID 313/2004 is answered against the petitioner.

Awards are passed accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

2522

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri R. Krishnamoorthi

WW2, Sri K. Srinivasan

WW3, Sri R. Manimaran

For the 2nd Party/Respondents

:

MW1, Sri V. Visveswaran

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

-

Annexure to 2(k) petition

Ext.W2

-

Annexure to 2(k) petition

Ext.W3

-

Wage Receipt

Ext.W4

-

Identity Slip

Ext.W5

-

Messenger Delivery Slip

Ext.W6

-

Working Particulars

Ext.W7

Dec’ 1997 to April 1999

Labour Charges bill for delivery of telegrams of R.Krishnamurthy

Ext.W8 Series [29 volumes]

Messenger Delivery Receipts of R. Krishnamurthy

Ext.W9

Oct’2004

Delivery record book of R. Palanisamy, R. Manikandan

to Mar’2005

and M. Manikandan

Ext.W10

-

Bye-laws of the Union

Ext.W11

30/31 Oct’2001

Resolution of the union

Ext.W12 Series

3.5.2002

Wage receipt for the payment made

Ext.W13 Series

11.09.1992

Identification slip issued by the BSNL

Ext.W14 Series

10.10.2000

No. of telegrams delivered by me

Ext.W15 Series

1991 to 2002

Working Particulars

Ext.W16 Series

11.04.1995

No. of working days given by Muniappan, ASTT

& 1998

And Ayyavoo, ASTT, Coimbatore

Ext.W17

-

Byelaw of the union original

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992

addressed to CGMR, Calcutta Phones and Endorsement No.

E.1/107/Blgs/92-93/3 dated TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban

order for recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil

Nadu Circle, Madras-600002 regarding eligibility of casual labour to

become office bearer of the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption

of the existing Appointing Authorities in respect of absorption of

Group C and D staff in BSNL

II

(ii)

2523

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of

P&T Rules which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate

Offices

Ext.M9

-

Copy of the agreement entered into between BSNL and D. Kannan

Contractor.

Ext.M10

21.11.2005

Certificate issued to for executing the Cable Construction Work in

Coimbatore, Form V Employer under CLRA Act.

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the

Department in the appointment of Group “D” employees category.

Ext.M12

19.12.2005

Award of Tender for Cable Constructions Work.

—

[

II

]

New Delhi, the 20th April, 2017

S.O. 1104.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 2/32 of 2006) of the Central Government Industrial Tribunal-cum-

Labour Court (CGIT-2), Mumbai as shown in the Annexure, in the Industrial Dispute between the management of M/s.

CPWD and their workmen, received by the Central Government on 19.04.2017.

[No. L-42012/263/2005-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : M. V. Deshpande, Presiding Officer

REFERENCE NO. CGIT-2/32 of 2006

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

CENTRAL PUBLIC WORKS DEPARTMENT

The Executive Engineer,

Central Public Works Department,

Goa Central Division, Bambolim,

Goa.

AND

THEIR WORKMEN

The Secretary

CPWD Mazdoor Union,

CPWD Office Compound, Bamanwada,

Vile Parle [E],

Mumbai – 400 099.

APPEARANCES :

FOR THE EMPLOYER

:

Mr. H.D. Rathod, Advocate

FOR THE WORKMAN

:

Mr. J.H. Sawant, Advocate

Mumbai, dated the 6th February, 2017

2524

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

AWARD

1.

Government of India, Ministry of Labour & Employment vide its order No. L-42012/263/2005 – IR (CM-II)

dated 31.05.2006 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 dispute to this tribunal for adjudication.

“Whether the action of the Executive Engineer, Central Public Works Department, Goa Division of utilizing

the services of Shri Shabir I Telsiwale on contractual basis and not regularizing the services w.e.f. 3.10.1989 is

legal and justified ? If not, to what relief Shri Shabir I Telsiwale is entitled ? “

2.

After the receipt of the reference, notices were issued to both parties. In response to the notice, second party

workmen filed his statement of claim Ex.7. According to the second party workman, he was employed with

management of Central Public Works Department. He was selected and appointed by the management of CPWD in

capacity of Motor Lorry Driver for driving the vehicles of the management. He was driving the management jeep No.

CLR 4261 w.e.f. 3.10.1989. He was in continuous employment of the management. He was paid wages directly by the

management. He was posted for the work at Kolhapur Central Sub-Division -1. He was paid wages at minimum rates

on wages. He was not granted any other benefits which were available to the regular workman of the management

attending the same and similar work of the management. He was repeatedly requesting the management to regularize

his services as permanent workman of the management as done in case of other workmen placed in similar

circumstances. His appointment and his continuation in service was approved and sanctioned by the competent

authorities of the management from time to time by modifying the procedure of recruitment suitably for the reasons that

there was ban on recruitment and therefore it was not possible for the management to follow strictly the rules of

recruitment. He was qualified for the post and was appointed and continued in service by following office procedure

for approval and sanction etc. His case for his regularization in service was under the active consideration of

management. He was given assurance from time to time that he shall be given permanency in the employment.

However, instead of regularizing his service, management continued his service and subsequently made paper

arrangement that this services have been engaged through the contractor and threatened him of his dismissal from the

services. As such management continued to indulge in unfair labour practice.

3.

According to the applicant / union vide its letter dt. 3.5.2005 raised industrial dispute before Asstt. Labour

Commissioner [Central], Ministry of Labour, Govt. of India, Mumbai over the demand for conferring upon the

workman the status and privileges of permanent workman w.e.f. 3.10.89 in the post of Motor Lorry Driver with all

consequential benefits. However, conciliation ended in failure. The Central Govt. has referred dispute for adjudication

to this tribunal. The workman prays that action of Executive Engineer CPWD, Goa Division in utilising services of

workman on contractual basis, in not regularizing the services w.e.f. 3.10.1989 and further discontinuing the services of

workman w.e.f. 1.4.2006 be declared illegal and unjustified. He also prays for restoration of his services by conferring

upon him the status of permanent workman.

4.

The first party management resisted the statement of claim vide its written statement Ex.8. According to them

the concerned workman Shri Shabir I Telsiwale was never employed at any time by the management of CPWD. He

was neither working in CPWD nor employed by the CPWD. It is submitted that Executive Engineer Goa Central

Division, Goa purchased a jeep and transferred the same to the Asst. Engineer Belgaon Central Sub Division – 4,

CPWD Sambra – 24 under its control in November 1989. As there was no regular jeep driver available to run the

departmental vehicle, Assit. Engineer Belgaon invited quotations for running the said jeep for the period of 3 months

from various local contractors. The quotations were called on regular intervals for providing the services of driving the

departmental vehicles and the work orders used to be issued to the lower tenderers. One such contractor Shri Shabir I

Telsiwale, concerned workman quoted his tender which was lowest @ 1000/- per month and Rs. 25/- per day as night

halt outside Belgaon. Accordingly, the work order was issued to the lower contractor Shri Shabir I Telsiwale for 3

months only. For every 3 months work orders for driving vehicle had been issued to the agency which had quoted the

lowest rates after fresh call of quotations and the payment for providing the services had been made as per the rates in

the work orders and having accepted by the agency.

5.

According to the management, concerned workman was not paid wages. He was paid contractual amount as per

the quotations quoted by him and work order issued to him for driving the departmental vehicle. After the 3 months

period is over, such contract came to a end. As such the applicant, the concerned workman Shri Shabbir I Tashewale

was never employee of the management.

6.

The work allotted to the concerned workman was as a contractor and hence there is no relation in between

department and Shri Shabbir I Tashewale as of employer and employee.

7.

According to the management, jeep which was in service was very old running on the road from 1989 and it was

almost 17 years old. In the first week of January 2006 it met with break down on the road and is not in working

II

(ii)

2525

condition. Therefore no quotation was called after 31.3.2006 for driving the said jeep on contractual basis. It is thus

contended that there was no question of restoration of services of Shri Shabbir I Tashewale. Therefore they prayed that

reference be dismissed with costs.

8.

Following are the issues for my determination. I reproduce the issues along with my findings thereon for the

reasons to follow:

Sr. No.

Issues

Findings

1

Does union prove that, concerned workman is a employee of

first party ?

No

2.

Does it establish employer-employee relationship of

concerned workman with first party?

No, not proved

3.

Is concerned workman entitled for relief sought ?

As per final order

4.

What Order ?

As per final order

REASONS

Issue No. 1 & 2

9.

Admittedly the concerned workman Shri Shabbir I Tashewale was working as motor lorry driver on work order

basis. It is uncontroverted that he was paid the wages through contractor since 1989. M/s. Gulmohar Construction,

Solapur was the contractor. Even it is admitted that there was ban to recruit the drivers in the department in 1989. The

work of driving jeep was entrusted to lowest tenderer on the work order basis for the period of 3 months. The

concerned workman in the reference has quoted his tender which was the lowest @ 1000/- per month and Rs. 25/- per

day as night halt outside Belgaon and accordingly the work order was issued to the said lowest contractor Shri Shabbir I

Tashewale on 30.11.2089. Ex.B below Ex.19 is the chart showing the details of periodical orders issued to the

agencies. It shows that Shri Shabbir I Tashewale was issued the work order from 3.10.89 to 30.9.2001 initially for the

period of 3 months which was continued for every 3 months period till 30.09.2001. It shows that on 1.10.2001 till

31.03.2005 work order was issued to M/s. Gulmohar Construction, Solapur and Shri Shabbir I Tashewale. This work

order was issued for 3 months during the said period and thereafter from 1.4.2005 till 31.2.2006 work orders were

issued to M/s. Gulmohar Construction, Solapur, A.B. Construction, again for M/s. Gulmohar Construction, Solapur and

then to A.B. Construction for every months during this period. Chart clearly shows that the work orders were issued

after inviting the quotations for driving the departmental vehicle / jeep and had issued for 3 months only to the lower

tenderer. Ex.C below list Ex.19 is the copy of work order dated 3.10.1989. It shows that labour charges for driving

departmental jeep were fixed at Rs. 1000/- per month and for 3 months which were fixed for Rs. 3000/- plus extra for

night halts outside Belgaon for 15 days were fixed at Rs. 375/-. Total Rs. 3375/- were fixed towards labour charges and

extra night halts. Contractor was responsible for the cleanliness of the jeep etc. and other conditions are mentioned in

the said work order. Similar were the work orders on the basis of which the concerned workman worked as driver since

3.10.89 till 31.3.2006. The question is whether it could establish employer-employee relationship of the concerned

workman with first party ?

10.

The test which is uniformly applied in order to determine the relationship is the existence of right of control in

respect of manner in which the work is to be done. The distinction is also drawn between contract for service and

contract of service. In one case master can order or require what is to be done while in another case he can not only

order or require what is to be done but how it shall be done. The principle which emerges from the authorities is that

prima-facie test for determination of relationship between master and servant is the existence of right in the master to

supervise and control the work done by the servant not only in the matter of directing what work the servant is to do but

also manner in which he shall do his work. The correct method approach would be to consider whether having regard

to the nature of work there was due control and supervision by the employer.

11.

Here in instant case it is no doubt true that the concerned workman continuously worked from 3.10.89 till

31.3.2006 as jeep driver. He has put in 240 days service on 31.3.2006. But then the fact remains that since there was

ban for recruitment, he was working on the basis of work order. After expiry of work order fresh quotations were again

called and he again quoted lowest rates and fresh work order was issued to him for same work. He quoted lowest rates

continuously for years together and work orders were issued to him for running the vehicle during this period. In view

of that it can be said that his engagement was always for fixed 2 – 3 months and it was categorically provided so in each

one of the work order given to him. Therefore non-engagement of concerned workman Shabbir I Tashewale on the

expiry of period of last work order given to him did not amount to his retrenchment under section 2(oo) (bb) of the I.D.

2526

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Act, 1947 it is clearly provided that termination of the service of workman because of non-renewal of contract of

employment of employment and its expiry does not amount retrenchment. In this regards hand can be led on the

decision in case of M/s. Haryana State FCCW Stock Ltd. Vs. Ram Nivas AIR 2002 SC 2495 wherein the termination of

service of the concerned workman on expiry of fixed period of his employment was not held to be accounting to his

retrenchment despite of the fact that the workman has worked for 240 days in a year.

12.

Learned Counsel for the concerned workman submitted that first party management has employed the concerned

workman for his perennial nature of work for the period from 3.10.89 to 31.3.2006 on one device or the another. He

was paid the amount of wages as per the rates decided by second party and that the services of the similarly situated

workmen have been regularized by the first party management. He submits that appointment of second party workman

and its continuation in service was approved and sanctioned by the competent authority of first party from time to time

by modifying procedure of recruitment suitably for the reason that there was ban of recruitment and therefore it was not

possible or permissible for the management to follow strictly the rules of recruitment. He submitted that the workman

was qualified for the post and appointed and continued in service by following the office procedure. By approval and

sanction under the device of the work order or otherwise, it can be said that the management continued to indulge in

unfair labour practice within the meaning of items 10 and 13 of the 5th Schedule to the ID Act, 1947 read with section

2(RA) and 25T of the I.D. Act, 1947.

13.

It is not possible to accept the submission. The first party is the Central Govt. Dept. and there are specified

recruitment rules. If there is a vacancy it has to be advertised. The candidates have to be interviewed and medically

examined and police verification has to be done before any person is appointed to the job. No such procedure was

followed. The second party workman has admitted in cross-examination that no PF was deducted from his account. He

used to get the payment as per work order and not on the basis of his presence at the work place. There was no muster

roll. He admits that he was not medically examined. There was no police verification. He has filed quotations in 1989

and no other application form was filed by him for getting the employment. There is no order terminating the services

of the second party workman because he was never given an appointment in the department. The second party

workman worked on the basis of contractual work order. That would show that there never existed relationship of

employer – employee between first party and second party workman even after second party workman has worked for

240 days on the basis of contract entered into by him with first party.

14.

In the context, Learned Counsel for first party management seeks to rely on decision in case of Secretary State of

Karnataka Vs. Umadevi (3 & ors 2006) 4 SCC – 1. With regard to legality of the engagement of workers on daily

wages by the govt. the constitution bench observed as under

“3. A sovereign Government, considering the economic situation in the country and the work to be got done,

is not precluded from making temporary appointments or engaging workers on daily wages……………

12. In spite of this scheme, there may be occasions when the sovereign State or its instrumentalities will have

to employ persons. In posts which are temporary, on daily wages, as additional hands or taking them in

without following the required procedure, to discharge the duties in respect of the posts that are sanctioned and

that are required to be filled in terms of the relevant procedure established by the Constitution or for work in

temporary posts or projects that are not needed permanently. This right of the union or of the State

Government cannot but be recognized and there is nothing in the constitution which prohibits such engaging of

persons temporarily or on daily wages, to meet the needs of the situation. But the fact that such engagements

are resorted to cannot be used to defeat the very scheme of public employment. Nor can a court say that the

Union or the State Governments do not have the right to engage persons in various capacities for a duration or

until the work in a particular project is completed……….”

15.

In a nutshell, the legal position which emerges from Umadevi case can (supra) can be de-lineated as under:

“(i) the Government is not precluded from engaging workers on daily wages; (ii) appointment to public posts

can only be made in terms of statutory rules framed under Article 309 of Constitution of India; (iii) an

employee engaged on daily wage basis cannot claim to be made a permanent employee; (iv) the courts cannot

direct regularization of services of workers engaged on daily wage basis; (v) the doctrine of ‘equal pay for

equal work’ has no application in case of regularization of services of workers engaged on daily wage basis

and (vi) in cases where services of workers engaged on daily wage basis gets regularized, such workers cannot

claim parity with regular employees with regard to payment of salary and other allowances for the period prior

to regularization of their services.”

16.

These are the observations which I borrow from the decision in case of Union of India Vs. Pooldev Singh WP

[C] 12479/2009 [Delhi High Court]. In view of this legal position it cannot be said that in facts and circumstances of

this case, the first party management indulged into unfair labour practice.

II

(ii)

2527

17.

Learned Counsel for the concerned workman relied on various documents pertaining to the internal

communication in between concerned workman and department. Ex.21 is the certificate given by the first party to the

second party stating that second party workman was working at Belgaon Central Sub Division CPWD Belgaon under

Goa Central Division and he is hard working, sincere and very honest, obedient as well as skilled worker. Ex.40 is the

internal letter in relation to recommendation for the regularization of service of second party workman. Ex.23 is also

internal letter recommending the regularization of second party workman in the post of Motor Lorry Driver. Ex.24 is

the circular stating that services of daily rated employees engaged prior to ban of recruitment are to be regularized.

Ex.25 is also internal letter stating that representation received from the second party workman has been sent to higher

authorities for duly recommending his services. Relying on these documents the submission is that even the

recommendations were made for regularizing the services of second party workman in the post of Motor Lorry Driver

since he is hard working, sincere and very honest.

18.

These recommendations were contrary to the law laid down in Umadevi’s judgment and merely on the basis of

these recommendations it cannot be said that there existed employer employee relationship in between first party

management and concerned workman. I say so because these recommendations are not binding on Central Govt.

There was ban from the Government for recruitment in the year 1994 and the ban continued. Therefore the workman

was appointed on contract, by work order to drive the jeep and not heavy vehicles. In his evidence management

witness has not stated that there was availability of the post as per recruitment rules. When drivers are to be recruited

depending upon availability of post as per recruitment rules the workman cannot be regularized unless ban is lifted.

Even in case of similarly situated workman, the management is directed to regularize the service as and when ban lifted

and vacancy arises as per rules. So far as present workman is concerned he cannot claim regularization on the basis of

availability of post as per recruitment rules. In view of that also all these recommendations and the internal letters

relied upon by the concerned workman are of no help and he cannot claim regularization of service.

19.

Even then Learned Counsel for the concerned workman submitted that the action of management is in utter

disregard to the provisions made u/s. 33 of the I.D. Act, 1947 since management discontinued the services of concerned

workman w.e.f. 1.4.2006 with willful disobedience of order of Hon’ble High Court.

20.

In this respect if we see the evidence that has been placed on record it can be seen that admittedly in June 2006

the jeep which the concerned workman was driving, broke down. He admits that the said jeep was 17 years old jeep.

Thereafter, the said jeep was scrapped and therefore quotations in respect of jeep were stopped. Admittedly the vehicle

broke down during the quarter from 1.1.2006 to 31.3.2006. Break down took in the first week of said quarter.

Admittedly the said such quotation was given to A.B. Construction and thereafter quotations in respect of that jeep was

stopped. Obviously therefore there was no question of issuing any fresh work order in respect of that jeep and therefore

it appears that his services were discontinued.

21.

In that respect the Learned Counsel for the first party management seeks to rely on the decision in case of AB

Security Agents employees Union and RLC & Ors 2010 (127) FLR 643. In para 9 of the judgment it has been observed

while referring to Division Bench judgment in case of Delhi Pradesh Rajdhani Mazdoor Union Vs. DDA CW (P) 1305 /

1991 that the DDA in terminating the services in terms of contract had not in any manner varied the terms of services of

the members of the petitioner union in that case and therefore no question of seeking any express permission in writing

of the authority before it the proceedings were pending because the services got extinguished by efflux of time on

expiry of their contract. It was further held that if DDA would have tried to terminate the services before the contract

was over then the workmen would have been protected under section 33. It is held that discharge of services after

expiry of term of his employment does not violate the provisions of section 33 of the Act. In view of this legal position

also I find that the services of the concerned workman Shri Shabbir I Tashewale were discontinued on account of break

down of jeep which he was driving and therefore the quotations of that jeep were stopped. In view of that also he

cannot seek regularization of services since his services were discontinued because of non-renewal of contract of

employment on its expiry and it does not amount to retrenchment.

22.

Learned Counsel of the concerned workman seeks to rely on the decision in case of Durgapur Casual Workers

Union & Ors. Vs. FCI & Ors. 2015 – 1 CLR 379 to submit that Industrial Labour Court has power under section 30

read with section 32 of MRTU & PULP Act to order permanency of the workers who have been victims of unfair

labour practice of the employers. Once the unfair labour practice on the part of employer is established the Industrial &

Labour Courts has their powers under section 30 read with section 32 of MRTU & PULP Act. Here in the instant case

it is finding of fact that the management is not indulged in unfair labour practice.

23.

Learned Counsel of the concerned workman also placed reliance on the decision in case of Devinder Singh Vs.

Municipal Corpn. Sanaur 2011 (II CLR) 461 to submit that source of employment, the method of recruitment, the

quantum of wages, pay and mode of payment are not at all relevant for deciding whether or not a person is workman

within the meaning of section 2(s) of the Act.

2528

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

24.

He also seeks to rely on the decision in case of Executive Engineer Public Works Dept. & Anr. Vs. Parshuram

Mukund Malode 2002 II CLR 113 to submit that when the demands of permanency of PWD workers are pending in

consolation the action of their retrenchment without permission of consolation officers amounts to unfair labour

practice.

25.

The facts in the cases cited above are quite distinct and distinguishable.

26.

Considering all these facts, I find that the second party workman has not established employer-employee

relationship with first party management. Material placed on record amply makes it clear that the concerned workman

worked on the basis of contractual work orders. He was not employed by the first party management and therefore he

is not employee of first party. Issue Nos. 1 & 2 are answered accordingly as indicated against each of them in terms of

above observations.

Issue Nos. 3 & 4

27.

In view of my findings to Issue Nos.1 & 2, the concerned workman is not entitled to relief of conferring upon

him the status and privilege of permanent workman. He also cannot seek reinstatement. As such he is not entitled to

reliefs sought. The reference is liable to be rejected with no order has to costs. Thus the order.

ORDER

Reference is rejected with no order has to costs.

Date: 06.02.2017

M. V. DESHPANDE, Presiding Officer

—

New Delhi, the 20th April, 2017

S.O. 1105.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (I.D. Nos. 50/2003, 56/2003, 58/2003, 319/2004, 331/2004, 351/2004,) of the

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

dispute between the employers in relation to the General Manager, BSNL, Coimbatore and others and their workman,

which was received by the Central Government on 03.04.2017.

[No. L-40011/46/2002-IR (DU),

No. L-40011/47/2002-IR (DU),

No. L-40011/45/2002-IR (DU),

No. L-40011/40/2003-IR (DU),

No. L-40011/39/2003-IR (DU),

No. L-40011/37/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

II

(ii)

2529

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT,

CHENNAI

Wednesday, the 22nd March, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute Nos. 50, 56, 58 of 2003 and 319, 331 and 351 of 2004

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), between the Management of Bharat Sanchar Nigam Ltd. and their

workman)

BETWEEN :

The Circle Secretary

:

1st Party/Petitioner Union

Indian Telecom Employees Line Group “C” & “D”

No. 21/10, R.K. Srinivas Apartments

Bharathiyar 1st Street

Pazhavanthangal

Chennai-600114

AND

1.

The General Manager

:

2nd Party/1st Respondent

BSNL,

Coimbatore-600043

2.

The Chief General Manager

:

2nd Party/2nd Respondent

BSNL, Tamilnadu Circle

Anna Salai

Chennai-600002

Appearance :

For the 1st Party/Petitioner Union

:

M/s. K.M. Ramesh, Advocates

For the 2nd Party/1st & 2nd Respondent

:

Sri D. Simon, Advocate

S.No.

Industrial Dispute No.

Reference No.

1.

50/2003

L-40011/46/2002-IR (DU) dated 06.03.2003

2.

56/2003

L-40011/47/2002-IR (DU) dated 17.04.2003

3.

58/2003

L-40011/45/2002-IR (DU) dated 23.04.2003

4.

319/2004

L-40011/40/2003-IR (DU) dated 13.02.2004

5.

331/2004

L-40011/39/2003-IR (DU) dated 29.03.2004

6.

351/2004

L-40011/37/2003-IR (DU) dated 01.04.2004

The Central Government, Ministry of Labour & Employment referred the IDs mentioned above to the Industrial

Tribunal, Chennai for adjudication. The IDs were numbered as ID Nos. 50/2003. 56/2003. 58/2003, 319/2004,

331/2004 & 351/2004 respectively. In both IDs the parties have entered appearance through the counsel and filed claim

and counter statement respectively.

The Schedule mentioned in that order is :

ID Nos. 50/2003

“Whether the demand of the Union for absorption of the 133 workers (List attached) engaged through various

contractors for house-keeping work, by BSNL is justified? If not, to what relief they are entitled?”

ID No. 56 of 2003

“Whether the demand of the Union for absorption of the 90 workers (list attached) engaged through various

contractors for cable work, by BSNL is justified? If not, to what relief they are entitled?”

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[PART II—SEC. 3(ii)]

ID No. 58 of 2003

“Whether the demand of the Union, for absorption of the 153 workers (list attached) engaged through various

contractors by BSNL is justified? If not, to what relief they are entitled?”

ID No. 319/2004

“Whether the demand of the Union for absorption of 137 workers (list enclosed) engaged through contractors

by the General Manager, BSNL, Coimbatore to do house-keeping work is justified? If not, to what relief they are

entitled to?”

ID No. 331/2004

“Whether the demand of the Union for absorption of 25 workers (list attached) engaged through contractors by

the General Manager, BSNL, Coimbatore to do work is justified? If not, to what relief they are entitled to?”

ID No. 351/2004

“Whether the demand of the Union for absorption of 78 workers (list enclosed) through contractors by the

General Manager, BSNL, Coimbatore to do cable work is justified? If not, to what relief they are entitled to?”

COMMON AWARD

3.

On receipt of the Industrial Dispute this Tribunal numbered it as ID No. 50/2003 and issued notices to both

sides. Both sides entered appearance through their counsel and filed Claim and Counter Statement respectively.

4.

The averments in the Claim Statement filed by the petitioner in ID No. 50 of 2003 are as below:

The petitioner is a registered union having substantial number of permanent workmen working in BSNL as

its members. The employees who are concerned in the dispute are working under the control and supervision of BSNL.

They are all doing housekeeping work. This is integral part of the work of the department. The workers who are doing

such works cannot be treated as contract labour. The so-called contract system is sham. The work performed by the

concerned workmen are essential in nature. The Respondent is an establishment as per Tamil Nadu Industrial

Establishment (Conferment of Permanent Status to Workman) Act. The concerned employees have to be made

permanent on completion of 480 days in a period of 24 calendar months of their joining the establishment. An Award

may be passed holding that the concerned workmen are entitled to be absorbed and regularized in the service of the

Respondent from the date of their joining the service together with continuity of service and other attendant benefits.

5.

The Respondents have filed Counter Statement contending as below:

The Petitioner has no locus-standi to espouse the cause of persons who are not employees of the Respondent.

The petitioner is not a recognized union. The subject-matter of the claim does not relate to service conditions of the

employees of BSNL so the claim is not justified. The claim of the petitioner that the work done by the concerned

employees is perennial in nature, that there is direct control and supervision by the Respondents etc. are incorrect. The

petitioner having admitted that the concerned workmen are contract labourers, there is no question of absorption or

regularization of these workmen. It is not admitted that the concerned employees are doing the work of housekeeping.

The averment that contract system is sham is not correct. The concerned employees are not entitled to permanency

under BSNL under the provisions of CLRA Act. The petitioner is not entitled to any relief.

6.

The workmen who are concerned in ID No. 56/2003 are said to be doing cable work. The contention raised on

their behalf is similar to that in Claim Statement in ID No. 50 of 2003. It is stated that all the concerned workmen have

been under the direct supervision and control of the Respondents, that they are doing work which is perennial in nature,

that the contract system, if any concerning them is a sham one and they are entitled to be regularized in the service of

the Respondents. The Respondents have filed Counter Statement raising contentions similar to the one in ID No.

50/2003.

7.

The workmen involved in ID No. 58/2003 are said to be doing line work, cable jointing work, etc. They have

also claimed that they are under the direct control and supervision of the Respondents, that the alleged contract

concerning them is sham and they are entitled to be regularized in the service of the Respondents. The Respondents

have filed Counter Statement raising contentions similar to that in ID No. 50/2003.

8.

The workmen involved in ID No. 319/2004 are said to be doing housekeeping work. They have also contended

that the contract system is a sham one, that they are doing work which is perennial in nature and they are entitled to be

regularized in the service of the Respondents. In this also Counter Statement is filed resisting the claim.

9.

The workmen involved in ID No. 331/2004 are also said to be doing line work. They have also claimed

regularization in the service of the Respondents on the ground that they are doing work which is perennial in nature,

II

(ii)

2531

that the contract, if any concerning them is sham and they are entitled to regularization. The contentions raised in the

Counter Statement are similar to those raised in the connected cases.

10.

The workmen involved in ID No. 351/2004 are also said to be doing cable work. They have also claimed

regularization in the service of the Respondents.

11.

The petitioner and the Respondents in all the IDs are the same. The reliefs claimed also are similar. These IDs

are tried jointly at the instance of the parties treating ID No. 50/2003 as the main case. Evidence was recorded in this

case.

12.

The evidence consists of oral evidence of WWs 1 to 4 and MW1 and MW2 and documents marked as Ext.W1 to

Ext.W29 and Ext.M1 to Ext.M34.

13.

The points for consideration are:

(i)

Whether the demand of the Petitioner Union for absorption of the workmen involved in different IDs are

justified?

(ii)

What are the reliefs, if any, to which the concerned workmen are entitled?

The Points

14.

There are 133 workmen involved in ID No. 50/2003, 90 workmen in ID No. 56/2003, 153 workmen in

ID No. 58/2003, 137 workmen in ID 319/2004, 25 workmen involved in ID 331/2004 and 79 workmen involved in

ID No. 351/2004. the claim of the petitioner on behalf of these workmen is that they have been working with the

Respondents in different areas such as housekeeping, line work, cable work, etc., that the contract system, if any under

which they are allegedly working are sham and nominal, that the work done by them is essential and perennial in

nature, that they are under the direct control of the Respondents and they are entitled to be absorbed and regularized in

the service of BSNL which is represented by the Respondents. All these workmen are said to have started to work even

before the formation of BSNL when it was under the Department of Telecommunications. The names and other details

of the concerned workmen are given in the annexure to the schedule of reference in the respective IDs.

15.

Though, such a large number of workmen are claiming absorption, only three of them, WW1, WW3 and WW4

have given evidence. WW2 is an Office Bearer of the Petitioner Union. His evidence is intended to show that the

Petitioner Union has got locus-standi to espouse the cause of the concerned workmen. The documents produced pertain

to a few numbers of workmen only.

16.

The evidence given by WW1 who is S.No. 107 in the annexure to the schedule of reference in ID No. 50/2003

and the documents pertaining to him could be examined first. This witness has in fact given evidence on behalf of all

the workmen concerned in all the IDs together. This witness has reiterated the contentions in the respective Claim

Statements. He has stated in the Proof Affidavit that the workmen including him are getting payment directly from the

Office of the BSNL and they were getting wages directly from the Department of Telecom prior to formation of BSNL.

He has also given the names of the Officers who are said to have extracted work from them. Ext.W1 is the Attendance

Register said to be in respect of workmen including WW1. This register is prepared in plain paper. However, most of

the pages contain the signature of JTO under whom he is said to have been working. The register is for the period from

01.09.1998 to 31.03.1999. WW1 is still working with BSNL. Ext.W11 is another document that is available regarding

the work of this witness. This document (Page-139) is a certificate by Sub-Divisional Engineer given on 14.10.2005 to

the effect that he has been doing cleaning work under tender for providing housekeeping and general conservancy

services from August 1999 in the Central Telephone Exchange premises, Coimbatore. No other documents are

available in respect of this witness. However, the fact that he is still working with BSNL is not in dispute. So it is clear

that he must have been working for the establishment at least from 1998. Housekeeping is work which is perennial in

nature. So he must have been doing the work continuously. Though there is a case for the Respondents that all the work

were being done on contract basis, the particular contract through which WW1 is engaged is not produced by the

Respondents. So his case that he is under the direct control of the Respondents is to be accepted. Even if there is any

contract it must be a sham one. It is stated in the Claim Statement and also in the Proof Affidavit that even in cases

where there are contracts for work the employees of BSNL themselves are the Contractors. The Respondents have

not taken any steps to show otherwise. This fortifies the case that the contract is a sham one.

17.

Mary Vasantha, WW3 is S.No. 122 in the annexure to the schedule of reference is ID No. 50/2003. She is also

still working in the establishment. She has named 11 other workers involved in ID No. 50/2003 and has stated that she

is giving evidence on behalf of those persons also. She has stated that all of them are getting payment directly from the

Office of BSNL and from the Department of Telecom before the formation of BSNL. She has stated that the case of the

Respondents that they are contract workmen is not correct and the Contractors have not appointed them.

18.

Ext.W2, Ext.W3, Ext.W11 and Ext.W13 are the documents concerning WW3. Ext.W2 is the Duty Chart

showing the name of WW3 as well. Though, prepared in plain paper it contains some signature purportedly that of the

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[PART II—SEC. 3(ii)]

Officers of Departments of Telecommunications. Ext.W3 is a letter by a Sub-Divisional Engineer of one department to

another. This contains the seal of the establishment also. In this letter of January 2002. It is stated that the names of

contract labourers working in the Main Telephone Exchange prior to the year 1988 are given. The list of the concerned

workers also is annexed to this letter. WW3 is shown as S.No. 3 in this. It states that she had worked from 01.12.1995

to 31.08.1994 from 01.09.1995 to 01.09.1999 and from 1999 to till date. The nature of work done by her is said to be of

Creche Ayah, Casual Mazdoor and also cleaning, sweeping, scavenging, etc. It is further stated that the work is under

contract basis. Ext.W11 (series) contains the certificate of this witness as well. The certificate given in Page-132 is by

the Lady Welfare Superintendent of the Telephone Exchange, Coimbatore. This states that the work is on contract

basis. Ext.W13 (Page-141) is a letter from Sub-Divisional Engineer of one department to another. It is stated in this that

WW3 was Sweeper. This letter is dated 10.03.2005. Page-145 of the same document contains the details of Mazdoors

engaged prior to 1988. This detail is also given by the Lady Welfare Superintendent and it contains her signature and

seal. As seen from this, WW3 has started to work from 01.12.1985 and was continuing in the establishment. It is

apparent from this information given by the Welfare Superintendent that this witness had been working for the

establishment even from 1985 and she had been working as Ayah and had also been doing cleaning, sweeping and

scavenging work and had been continuously working. Apparently, the works were perennial in nature even though her

work is referred to as contractual in nature, details are not given by the Respondents. When the nature of the work and

the circumstances under which this worker had been working are taken into account the contract, if any is to be treated

as a sham one.

19.

Next is the evidence given by WW4, Vadivelu who is S.No. 55 in ID No. 351/2004. This workman has named

13 more workmen in his affidavit and has stated that he is giving evidence on their behalf as well. He has stated that all

those named are still working with the Respondents. He has stated that cable jointing work done by him and those

others named by him is an integral part of the work of the department. He has further stated that all of them are getting

salary from a Telecom Mechanic who is a permanent employee of the department. According to him, this Mechanic has

been giving directions and instructions regarding the work to be done. He was being paid by the establishment from

1990 onwards. Earlier it was wages but from 1992 onwards he was paid a consolidated amount as salary. It was only in

the year 1998 tender was called for contract to do cable work and though the concerned workmen were described as

contract workers, any such Contractor has not been available.

20.

Ext.W18 is the Muster Roll containing the signature and seal of the Sub-Divisional Officer in the column for

each day starting from 01.02.1992 and upto 31.07.1994. Ext.W19 contains copies of cable diagrams for the period from

15.09.2005 to 14.10.2005. All these contain the signature of WW4. Of course, these are subsequent to the reference but

shows that the concerned workman was working in the establishment even after the reference. This justifies the case

that he is still working in the establishment. Ext.W21 contains copies of work order note for carrying out fault repair for

the period from 03.09.2013 to 13.11.2013. These also contain the signature and seal of the concerned official of the

department. The witness is described as Cable Jointer in all these. Ext.W25 is a certificate by a Retired Officer stating

that the witness had worked as casual labour for Telecom Cable and Line Work during the period from 04.04.1997 to

07.08.1999. Of course, the person might not have been competent to issue such a certificate. But when considered along

with documents already discussed it is clear that WW4 has been working from the year 1992. Work was being extracted

from him all along and he is an expert in the Cable Jointing Work. In spite of continuous work of perennial in nature he

is described as contract worker but without any supportive documents. The contract, if any is to be treated as a sham

one.

21.

Ext.W7 is the document produced in respect of C. Prabhu, S.No. 121 in ID 50/2003. Ext.W7 is the imprest

account showing payment to Prabhu towards labour charges for the period from 05.04.1997 to 21.10.1998. No

documents are available to show that he was continuing with the Respondents at the time when the reference was made.

There is nothing to show that this individual is now working in the establishment also. On the basis of Ext.W7 alone no

relief can be granted to Prabhu.

22.

M. Sridharan is S.No. 120 in ID No. 50/2003. Ext.W8 contains a series of certificates stating that Sridharan had

attended duty on particular dates. The series evidence payment for the period from 01.04.1997 to 30.04.1999. Ext.W9-

Attendance Register (Page-76) states that Sridharan joined duty on 24.03.1997. Page-100 reveals his presence up to

April 1999. No other evidence is available to show that he continued in the establishment after this period and was there

even at the time when the dispute was raised. The concerned person himself did not come forward to give evidence. He

is also not entitled to any relief.

23.

Ext.W9-Attendance Register shows the name of Sivasakthivel, S.No. 119 in ID No. 50/2003 also. This

document evidences attendance from November 1996 to March 1997 only. One does not know if he has continued after

that also or if he was there at the time when the dispute was raised. He is also not entitled to any relief.

24.

Ext.W9 reveals attendance of Ramesh, S.No. 127 in ID No. 50/2003 also. Ext.W9 (Page 112) shows he was

there in April 1998. His attendance is seen marked up to March 1999. There is no indication of his having been

continuing as a workman even after that. He is also not entitled to any relief.

II

(ii)

2533

25.

Vijaya is S.No. 128 in ID 50/2003. Ext.W9 (Page-104) shows she was working in November, 2001. Her

presence upto February 2002 (Page-111) is seen marked in the Register. There is nothing to show that she has started to

work in the establishment even earlier. Ext.W11 (Page-131) is a Service Certificate by the Welfare Superintendent

stating that she is working on contract basis from 11.08.2004. There is no evidence as to whether she was there after

February 2002 and before 11.08.2004. The documents are insufficient to grant a relief in favour of this individual.

26.

Maragatham is S.No. 124 in ID 50/2003. Ext.W11 (Page-133) is a certificate stating that Maragatham was

working in Coimbatore Telephone Exchange from 08.04.1975 to 21.09.1980 as Casual Mazdoor and from 05.07.1982

as Ayah. The certificate is seen issued in 1984. Ext.W15 gives the service particulars including that of Maragatham.

This is one sent by the Lady Welfare Superintendent. The particulars in respect of Maragatham reveal that she started to

work in 1975 and was working there even on 30.01.2002, the date on which the details were given. It further states that

from September 1999 onwards she was working as contract labour. This document reveals that Maragatham had

worked for a long time. There is the evidence of WW3 that she is still working. This is probable when the fact that she

was there on 20.01.2002 on the eve of raising of the dispute is considered. In that case she is definitely entitled to relief.

After continuously working directly under the establishment she seems to have been put under the pretext of a contract.

The contract is to be considered sham. She is to be deemed to have been regularized in the service of the Respondents

from the date on which the dispute was raised.

27.

Amaravathi is S.No. 123 in ID 50/2003. Ext.W13 is a letter from the Principal General Manager of BSNL,

Coimbatore to Amaravathi asking her to furnish certain particulars including the Muster Rolls, etc. However, the next

letter (Page-140) states that she cannot be considered for re-engagement as casual mazdoor. Ext.W15 (Page-145) refers

to Amaravathi also. This document, as stated, is giving details of mazdoors engaged prior to 1988. As seen from the

document she has started to work in 1982 and had been continuing even on 30.01.2002, the date of the document. So it

is clear that subsequently she was re-engaged even if there was a gap. Ext.W11 (Page-136) is the Service Certificate in

respect of Amaravathi which states that she was working on contract basis from 11.08.2004. As per Ext.W15 she was

continuing with BSNL even on 30.01.2002. So it is to be assumed that she continued thereafter also and subsequently

treated as a contract labour. The Respondents did not state under which Contractor she has been working on contract.

The contract, if any should be considered as a sham one and she is entitled to be regularized in the service of the BSNL.

29.

Saraswathi is S.No. 125 in ID 50/2003. Ext.W15, the details given by the Welfare Superintendent states that she

has been doing scavenger work from 10.06.1986 and had been still continuing as on 30.01.2002. Ext.W11 includes the

Service Certificate (Page-136) of this worker. The Welfare Superintendent had certified that she had been working from

11.08.2004 on contract basis. That shows she was there even after the dispute was raised. Mention of her as a contract

worker is not of any consequence in view of long period of work undergone continuously. She seems to have been

treated as a contract worker at a late stage. This was only a camouflage used by the Respondent to avoid regularization.

The contract, if any is to be treated as sham. She is also entitled to be regularized, considering her long period of work,

from the date on which the dispute was raised.

30.

Palaniswamy is S.No. 1 in ID 351/2004. The evidence given by WW4 is on behalf of this workman also. He is

named as a person who is still working with BSNL. Ext.W25 is a certificate stating that Palaniswamy was a casual

labour for Telephone Cable and line Work during the period from 04.04.1997 to 07.08.1999. But this is of course issued

by a Retired Officer. Ext.W26 is an Issue Slip requesting to issue certain materials to Palaniswamy. This is dated

15.07.2003. Ext.W26 (series) contain Issue Slips requesting to issue certain materials to Palaniswamy. These are of

2003. Ext.W27 are details regarding shifting of cable joint at Udumalpet Exchange. The name of the worker given is of

Palaniswamy. However, most of the documents in the series do not give any date. The dates shown in some of them are

dates after reference of the dispute other than Ext.W25. There is nothing to show if he was working even before the

date of reference or in what capacity. So this workman is not eligible for any relief.

31.

Though several workmen are named in the annexure to the schedule of reference in the respective IDs no

documents are available at all to show that these individuals have ever worked with the Respondent establishment or

are continuing in the establishment. So none of them are entitled to any relief.

32.

There is a case for the Respondents that there was ban on engaging casual workers directly after 30.03.1985 as

revealed by Ext.M2 order issued by Government. According to the Respondents none of the concerned workman could

have been directly engaged after Ext.M2. However, the fact remains that even after 1985 persons were engaged and

paid directly by the department. So what is to be assumed is that in spite of the ban casual labourers used to be engaged

by the Respondents. These, as stated, are indicative of the fact that the contract if any was only sham and nominal and

the workmen were under the direct control of the Respondents. The Respondents are those who must be in possession

of the relevant documents regarding the so-called contracts. The workmen referred to above have provided sufficient

evidence to show that they were directly employed by the Respondents. The burden then shifts on the Respondents to

disprove the case that they were not working directly but only under the Contractor and there was no direct employer-

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[PART II—SEC. 3(ii)]

employee relationship between them and the Respondents. This burden is not discharged. The contract if any is to be

treated as sham.

33.

The counsel for the petitioner has referred to the decision of the Apex Court in WORKMEN OF FOOD

CORPORTION OF INDIA VS. FOOD CORPORATION OF INDIA reported in AIR 1985 SC 670 where it was held

that a person who is under direct employment cannot be converted to a contract employee. It was a case where the Food

Corporation had engaged several workmen directly but subsequently a Contractor was inducted and the workmen were

brought under him. The dictum was laid down in this context. The petitioner had raised the dispute not long after the

so-called contractual system was brought into effect. Apparently, the Respondents without notice to the concerned

workmen had brought in a contract system. But they have not proved it properly. The Apex Court has stated in

HUSSAINBHAI VS. ALATH FACTORY THOZHILALI UNION reported in AIR 1978 SC 1410 that the presence of

intermediate Contractors with whom the workers have immediate or direct relationship excontractu is of no

consequence when on lifting the veil or looking at the conspectus of factors governing employment will discern the

naked truth, though draped in different perfect arrangement, that the real employer is the Management and not the

immediate Contractor. In the present case, on removal of the veil it is very much clear that the contract system if any

under which the concerned workers were working was only sham and nominal and they were really working under the

Respondents itself.

34.

There is a contention for the Respondents in the Counter Statement that the Union has no capacity to represent

the workmen. MW1, the Divisional Engineer examined on behalf of the Respondents has stated during his evidence

that the casual labourers could not have become members of the Union. Ext.M3 circular is produced to prove this. He

has also stated that the concerned workmen who are not even casual labourers cannot become members of the Union

and for this reason the Union is not competent to represent them in this dispute also. The petitioner has examined

WW2, the Treasurer of the Union to meet this contention. As seen from his evidence there were earlier 6 Unions among

the workmen of the Respondents. However, these Unions got merged with the Petitioner Union. In the Working

Committee Meeting of the Union it was decided to espouse the cause of the concerned workmen. The resolution of the

Union is marked as Ext.W10. When such a resolution is taken the Petitioner Union is quite competent to raise the

dispute on behalf of the concerned workmen. So the contention that the Union is not competent to espouse the cause of

the workmen will not hold good. Those workmen who have proved their eligibility by establishing that they were

working with the Respondent for a long time are entitled to relief.

35.

Relief can be moulded on the basis of the period of work of the concerned workman. WW3 and WW4,

Maragatham, Amaravathi and Saraswathi were working for a long time. On the other hand WW1 had started to work

only in late 1998. Those who had been working for a longer time are entitled to be absorbed and regularized from the

date on which the dispute was raised. WW1 will be absorbed from the date of Award only.

Accordingly an Award is passed as below:

Mary Vasantha, S.No. 122, Maragatham, S.No. 124, Amaravathi, S.No. 123 and Saraswathi, S.No. 125 in ID

50/2003 and Vadivelu, S.No. 55 in ID 351 of 2004 shall be deemed to have been absorbed and regularized in

the service of BSNL in their then position with effect from the date on which the dispute was raised. They shall

be entitled to regular scale from this date. The difference in the salary payable to them shall be paid within two

months of the publication of the Award. In case of default, interest at the rate of 6% is payable on the amount

from the date of the Award. WW1, S.No. 107 in ID No. 50/2003 shall be regularized in the service of BSNL

from the date of the Award.

ID 50/2003 and ID 351/2004 are thus partly answered in favour of the petitioner.

ID 56/2003, 58/2003, 319/2004 and 331/2004 are answered against the petitioner.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 22nd March, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Shanmughasundaram

WW2, Sri K. Srinivasan

WW3, Sri K.J. Mary Vasantha

WW4, Sri M.P. Vadivel

For the 2nd Party/Respondents

:

MW1, Sri V. Visveswaran

MW2, Sri R. Karthikeyan

II

(ii)

2535

Documents Marked:

On the petitioner’s side

Ex.No.

Date

Description

Ext.W1

01.09.1998 to

Attendance Registers

01.03.1999

Ext.W2

08.09.1994 to

Duty Chart

08.07.1999

Ext.W3

31.01.2002

Mazdoors Engaged Letter

Ext.W4

-

Annexure to 2(k) petition

Ext.W5

-

Bye-Laws of the Union

Ext.W6

30/31 Oct.

Resolution of the Union

2001

Ext.W7

05.04.1997 to

ACE 2 Imprest Account of C. Prabhu signed by

21.10.1998

S. Gnanasambandhan and Karunambal, SDE E 10 B

Ext.W8

01.04.1997 to

Payment claimed for M. Sridharan for Housekeeping and

30.04.1999

General Service – Internal Correspondence

Ext.W9

1996 to 1999

Available Attendance Register of R. Sivasakthivel,

And 2001

M. Sridharan, R. Ramesh, K. Vijaya, R. Maragadam, K.J. Mary Vasantha, P.

Saraswathy

Ext.W10

11.06.1996

Certificate of Appreciation given to Vijaya, Casual Labour by the Department of

Telecom

Ext.W11

-

Service

Certificate

issued

to

R.

Sivasakthivel,

P.

Saraswathy,

A.

Shanmugasundaram, K. Vijaya R. Maragadam, N. Amaravathy, Mary Vasantha

by Labour Welfare Superintendent, Telecom

Ext.W12

-

Personal Record of employment on Muster Roll of N. Amaravathy and other

correspondence (series)

Ext.W13

10.03.2005

Particulars of Housekeeping personnel furnished by SDE C. Subramaniam

Ext.W14

-

Bye-Law of the Union

Ext.W15

20.01.2002

Service particulars of 5 employees

Ext.W16

21.03.2006

Parliamentary Question

Ext.W17

13.09.3002

Report of Failure of Conciliation

Ext.W18

-

Copies of Muster Roll for the period of 01.02.1992 to 31.07.1994 (W-1 Series)

Ext.W19

-

Copies of Cable Diagram for the period 15.09.2005 to 14.10.2005 (W-2 series)

Ext.W20

-

Copies of Work Gate pass for getting materials from Stores for 14.10.2011(W-3

series)

Ext.W21

-

Copies of Work order note for carrying out fault repair for the period 03.09.2013

to 13.11.2013 (W-4 series)

Ext.W22

-

Copies of Cable Fault Maintenance Diagram for the period 08.06.2009 to

31.07.2009 (W-5 series)

Ext.W23

03.01.2011

Copy of letter from Divisional Engineer, Udumalpet to the Asstt. General

Manager, Coimbatore (Ext.W-6)

Ext.W24

-

Photographs showing the work performed by V. Palanisamy (W-7 series)

Ext.W25

-

Certificate issued by Line Inspector, Phones to V. Palanisamy (Ext.W-8)

Ext.W26

-

Copies of store slips issued to V. Palanisamy (Ext.W-9)

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.W27

-

Diagrams for carrying out fault repair regarding V. Palanisamy (Ext.W-10

series)

Ext.W28

11.06.2004

Purchase order issued in favour of V. Palanisamy (Ext.W-11)

Ext.W29

-

Diagrams for carrying out fault repair regarding V. Palanisamy (Ext.W-12

series)

On the Management’s side

Ext.No.

Date

Description

Ext.M1

24.12.1992

Copy of DOT, New Delhi letter no. 29-18/91-SRT dated 24.12.1992 addressed

to CGMR, Calcutta Phones and Endorsement No. E.1/107/Blgs/92-93/3 dated

TR-1 the 02.02.1993

Ext.M2

30.03.1985

Office of the Director General Posts & Telegraphs regarding ban order for

recruitment of casual labours.

Ext.M3

25.07.1989

Letter from Chief General Manager, Telecommunications, Tamil Nadu Circle,

Madras-600002 regarding eligibility of casual labour to become office bearer of

the Unions

Ext.M4

-

Copy of Page 137 of Appendix 3 from P&T Manual Vol.III

Ext.M5

-

Copy of Appendix No. 3 – Preservation of Records

Ext.M6

05.11.2001

Letter from BSNL to All Chief General Managers regarding adoption of the

existing Appointing Authorities in respect of absorption of Group C and D staff

in BSNL

Ext.M7

-

Copy of Appendix 13A at Page 426 of Financial & Hand Book of P&T Rules

which deals with Rlule-331

Ext.M8

-

Copy of letter from CGM, Telecom, Chennai to all Subordinate Offices

Ext.M9

09.12.2005

Copy of the agreement entered into between BSNL and D. Kannan Contractor.

Ext.M10

21.11.2005

Certificate issued to for executing the Cable Construction Work in Coimbatore,

Form V Employer under CLRA Act.

Ext.M11

22.06.1995

Copy of the document of prescribed procedure to be followed by the Department

in the appointment of Group “D” employees category.

Ext.M12

19.12.2005

Award of Tender for Cable Constructions Work.

Ext.M13

19.05.2003

To

22.05.2003

Issue Slip 3532,3534

Ext.M14

31.01.2009

Receipt No. 1410, 1412, 1413, 1414 & 1415

14.02.2009

10.02.2009

10.02.2009

13.02.2009

Ext.M15

03.01.2011

DE Udumalpet letter

Ext.M16

28.07.2008

Specimen copy of awarding of security services in Coimbatore Secondary

Switching Area

Ext.M17

Various dates

Awarding of tender for cable maintenance work

Ext.M18

Various dates

Attendance

Sheet,

Statement

of

EPF/ESI

19.05.2003

Ex-Servicemen

Corporation for 2004 and M/s First Man Security Service for the year 2002

—

II

(ii)

2537

New Delhi, the 20th April, 2017

S.O. 1106.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 27/2014) 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. Bokaro Steel Plant (SAIL) and their workman, which was received by the Central Government on

13.04.2017.

[No. L-43012/3/2013-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. 27/2014

Employers in relation to the management of M/s. Bokaro Steel Plant (SAIL)

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearance :

For the Employers

:

Shri D.K.Verma, Advocate

For the workman

:

ShriV.B.Singh, Advocate

Industry :- Steel

Dated :-24/03/2017

AWARD

By order No . L- 43012 /03/2013 /IR (M) dated 19/ 02/2014, 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 water management Deptt. of SAIL Bokaro Steel Plant in

dismissing Sri R.C.Pandit from the service of the company vide order letter dated 26.03.2013 i.e just

before 5 days of his normal superannuationis fair and justified? If not, to what relief the concerned

workman is entitled?’’

2.

The case is received from Ministry of Labour on 13.03.2014. After receipt of the reference, both parties are

noticed. The workman files their written statement on 20.06.2014. And the management files their written statement on

17.10.2014. Thereafter documents filed by the parties. no witness examined by either side but documents of the

management marked as M-1 to M-5 and documents of workman are also marked as W-1 to W-13.

3.

The case of the workma is that the management issued a charge-sheet to the concerned workman to alleged

misconduct of theft, fraud or dishonesty in connection with the company vide charge sheet letter No. per/RCL/II-1320

dated 08.09.2011. but what property of the company has been theft and what fraud was committed by the workman has

not been spelled out under the charge sheet. In absence of specific charge , the charge sheet does not have legs to stand

in eys of law and further maintain silence in disposal of departmental proceeding and suddently implosing the penelty

of dismissal just before 5 days before the date of superannuation i.e. 31.03.2013.

4.

It is also submitted by the workman that during the enquiry proceeding , the enquiry committee ingnored almost

2538

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

all the points raised by the workman and submitted its reports holding the workman guilty of the charges.

5.

It is further submitted by the workman that some papers concerning to police case have been filed by the

presenting officer, but those paper neither proved by the writer of those concerned paper nor opportunity of cross

examination by the workmna was offorded . In such circumstances those paper cannot be accepted as authenticated

documents and cannot be treated the part of document of evidence in the enquiry.

6.

It is also submitted by the workman that the workman has been discriminated , whereas the workman in question

has been dismissed but other employees who have also held to be invoved in receiving payments that is to say the

following employee whose payment were made by J.P.Singh in their account by Sri J.P.singh were left out free.

7.

In respect of the allegation in the charge sheet about payment of the amount of Rs. 3,34,861/- in salary account

of the workman it was stated by him that – The payment was made in the salary account of the workman by Sri

J.P.Sinha one of the officer of the employer without knowledge and demand by the delinquent workman. The payment

was made to his bank account directly within a very short span of time i.e 2.5 months which was by mistake not noticed

by the workman. But as soon as the workman got knowledge of that the amount happens to be of SAIL/BSL he tried his

best to return back the said amount but by the time a police case was lodged as result after getting permission from the

court, he immediately returned back the amount in the bank account of BSL by way of Draft. The workman is most

humbly submitted that he has not committed any nefarious act which has landed the employer on wrongful loss / or for

the workman as wrongful gain.

8.

On the Other hand the case of the management is that the workman was an employee of the Bokoro Steel Plant

and was involved in misappropriation of company’s huge money through fraudulent means and has caused heavy

financial loss to the company. This act was a serious misconduct therefore the company acuthority issued charge sheet

vide charge No. per/W/RCL/11-1320 dated 8/9/2011 for commission of theft, fraud or dishonesty in concection with

company’s business.

9.

After receiving the charge sheet the workman concerned submitted his reply which was not found satisfactory ,

therefore the management appointed enquiry officer for domestic enquiry in accordance with principle of natural

justice.

10.

The domestice enquiry in presence of workman submitted his reported holding their in that the allegation

levelled against him duly proved. After second show cause notice, the workman concerned submitted his reply which

was not found satisfactory. Thereafter the Disciplinary authority dismissed the workman concerned vide letter dated

26.03.2013. The dismissal of the workman is legal and justified.

11.

The short point to be decided in this reference is as to whether dismissal of the workman from his service just

few days prior his superannuation is justified or not.

12.

It is alleged that the workman involved in financial irregularities and cause loss to the management, for which

departmental enquiry and police case was started. Management produced documents that the workman was convicted

for the said financial irregularity offence, in criminal Court and his appeal, in appellate Court was dismissed. The

management further submitted that after the departmental enquiry, when he found the workman guiltty after, observing

all formality, dismissed him.

13.

The analysis of case before the domestic enquiry in para 1 is that “ Shri Janardan Prasad Sinha staff No.

460270 , Junior Manager(F&A) has admitted in his confessional statement that he was involved in fraudulent

transaction and had made wrong payment to Shri R.C. Pandit and M/S Sheo Shakti Co. “ as well as in para 3 of that

analysis is that “ Fradulent payment was made by Sri J.P.Sinha in the bank account of Sri R.C.Pandit through nine

cheques during 25.05.2011 to 06.08.2011 amounting to Rs. 3,34,861/-.

14.

As per above facts admitted by Sri J.P.Sinha whereas on the other hand Sri Pandit is not aware of that transction

made by Sri J.P.Sinha, it is also strange that Sri J.P.Sinha admitted that he was involve in fraudulent transctions

whereas Sri R.C.Pandit was not aware but punishment made only on R.C.Pandit and J.P.Sinha is chargeless and

forgiven as well as doing service without any punishment.

15.

The workman filed a catena of decisions and argued, dismissal at the fag end of service i.e few days before,

retirement is worng.

16.

Crime and impropriety has not space in an organisation. The management’s action in the matter is quite

discretionary whether it will forgive him or eradicate. This Tribunal restrain to interfare in any way in the action in this

particular case which is placed before this tribunal. In this situation the Tribunal will not interfare in the action of the

management , particularty the Tribunal will also see the industrial peace alongwith welfare of workman.

17.

Considring the facts and circumstances of this case, It is held that the action of the management of water

management Deptt. of SAIL Bokaro Steel Plant in dismissing Sri R.C.Pandit from the service of the company vide

II

(ii)

2539

order letter dated 26.03.2013 i.e just before 5 days of his normal superannuation is proper hence he is not entitled to get

any relief.

This is my award.

R. K. SARAN, Presiding Officer

—

New Delhi, the 20th April, 2017

S.O. 1107.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 82/2010) 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. Gas Authority of India Limited and their workman, which was received by the Central

Government on 13.04.2017.

[No. L-30012/33/2009-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 30th March, 2017

Reference: (CGITA) No. 82/2010

The General Manager,

M/s Dalma Energy LLC,

Project Office, 303-305, ‘Rubellite Hub’,

32, Ajit Nagar, BPC Road,

Nr. Urmi Crossing Akogta,

Baroda (Gujarat)

…First Party

V/s

Shri Harold D’Souza,

C/o ChandrakantVankiar, 1st Floor,

Karnik Building O/o Chetankumar K. Gore,

Dandia Bazar Cross Road,

Vadodara (Gujarat)

…Second Party

For the First Party

:

Shri Yogen Pandya

For the Second Party

:

Shri Chetan

AWARD

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

30012/33/2009-IR(M) dated 29.12.2009 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

2540

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of M/s Dalma Energy LLD, Vadodara through the Area Manager –

India Operation in terminating the services of Shri Harold D’Souza with immediate effect vide letter dated

22.10.2008 is legal and just? If so, what relief the workman concerned is entitled to?”

1.

The reference dates back to 29.12.2009. The second party submitted the statement of claim Ex. 6 on 07.07.2010.

The first party despite service failed to submit the written statement despite giving number of opportunities. It is

noteworthy that the second party has been absent since submitting the statement of claim. Both the parties have not

been appearing since the submission of statement of claim, therefore, on 21.02.2011, a fresh notice Ex. 9 was sent to

both the parties to appear on 24.03.2011 but to no result.

2.

Thus, it appears that the second party has not been willing to prosecute the case.

3.

Therefore, the reference is disposed of in non-prosecution of the case by the second party with the observation as

under: “the action of the management of M/s Dalma Energy LLD, Vadodara through the Area Manager – India

Operation in terminating the services of Shri Harold D’Souza with immediate effect vide letter dated 22.10.2008 is

legal and just.”

P. K. CHATURVEDI, Presiding Officer

—

New Delhi, the 20th April, 2017

S.O. 1108.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 575/2004) 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. Gas Authority of India Limited and their workman, which was received by the Central

Government on 13.04.2017.

[No. L-30012/20/2003-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 30th March, 2017

Reference: (CGITA) No. 82/2010

The Assistant General Manager,

Gas Authority of India Ltd.,

809, Saakar – II, Alice Bridge,

Ahmedabad (Gujarat)

…First Party

II

(ii)

2541

V/s

The Secretary,

Gujarat Mazdoor Sabha,

104, Maharana Pratap Complex,

Near Alice Bridge Post,

Ahmedabad (Gujarat)

…Second Party

For the First Party

:

Shri B.K. Oza

For the Second Party :

Shri Amrish Patel

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No.

L-30012/20/2003-IR(M) dated 15.10.2003 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad

(Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

“Whether the Industrial Dispute raised by Gujarat Mazdoor Sabha against the management of Additional

General Manager, Gas Authority of India Ltd., Ahmedabad over regularisation of services of Shri Kiran S.

Rajput justified? If so, to what relief the workman concerned is entitled?”

1.

The reference dates back to 15.10.2003. The second party submitted the statement of claim Ex. 4 on 12.11.2003

along with application for interim relief on the same date. The first party submitted the written statement Ex. 19 on

16.02.2004. Since then the second party has not been leading evidence. The second party on 06.01.2016 was given last

opportunity to lead evidence on 01.04.2016. On 01.04.2016, the second party was again given one more opportunity to

lead evidence on 02.08.2016 and on 02.08.2016, the second party vide his adjournment application Ex. 46 was given

another opportunity to lead evidence on 27.09.2016. On 27.09.2016, 14.12.2016, 30.01.2017 and lastly on 27.03.2017,

the second party failed to appear and to lead evidence despite the presence of the first party advocate. It is noteworthy

that the second party advocate is very much present in the tribunal but he did not respond. Thus it appears that the

second party in person and as well as his advocate have no intention to prosecute the case.

2.

Therefore, the tribunal has no option but to dispose of the reference in the absence of the second party with the

observation as under: “the Industrial Dispute raised by Gujarat Mazdoor Sabha against the management of Additional

General Manager, Gas Authority of India Ltd., Ahmedabad over regularisation of services of Shri Kiran S. Rajput is not

justified.”

P. K. CHATURVEDI, Presiding Officer

—

New Delhi, the 20th April, 2017

S.O. 1109.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 60/2008) 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 Limited and their workman, which was received by the Central Government on

13.04.2017.

[No. L-29012/67/2008-IR (M)]

RAJESH KUMAR, Under Secy.

2542

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

ANNEXURE

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

BANGALORE

DATED : 28th MARCH, 2017

PRESENT : Shri V. S. RAVI, Presiding Officer

C R No. 60/2008

I Party

II Party

Sh. Manjunatha,

The Managing Director,

S/o Sh. Sannappa, MML Worker,

Mysore Minerals Limited,

Siddapura Village, Kithanakere Post Dudda

No. 39, M G Road,

Hobli, Hassan Taluk & District.

Bangalore.- 560001

(For I Party, M/s. K.T. Vovinde Gowda &

(For II Party M/s. A.K. Vasanth &

Sh. C.G. Dileep Gowda, Advocates)

M.K. Girish, Advocates)

AWARD

1.

The Central Government vide Order No.L-29012/67/2008-IR(M) dated 04.08.2008 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 order of dismissal imposed on Shri. Manjunatha by the management of M/s Mysore Minerals

Limited w.e.f. 01.07.1996 is justified? If not, to what relief the workman is entitled to?”

2.

Brief details mentioned in the Claim Statement are as follows:-

The I Party submits that on 02.05.1989, he has joined in the service of the II Party management at its Mining

Unit viz., Bageshapura Koalin Works, Gandasi Hobli, Arasikere Taluk, Hassan District, as a Mazdoor. The I Party has

been rendering his service Sincerely, Honestly, Diligently without giving any room for any omission or

commission.During the year 1996, due to Industrial hazardness and due to weakness and skin allergy the I Party

frequently fell sick. The I Party has orally intimated the same to the officials of the II Party and availed sick leave from

01.07.1996 and has taken treatment in Nati Vaidya for a long period. After recovering from sickness the I Party

reported for duty on 15.06.1997 at Bageshapura Koalin Works, but the Officials of the II Party refused to provide

employment to the I Party and asked him to come after some days as they require instruction from Higher Authorities.

The II Party officials have avoided to provide employment to the I Party and during the month of August 1998, the II

Party mining officials told the I Party that the Head Office has not given permission to them for allowing the I Party to

work on the plea that they do not require the service of the I Party service. Taking advantage of I Party weakness the II

Party Officials obtained signatures during the month of February 2001 for Provident Fund Form. The I Party, with no

other alternative and also, left with the sole intention of financial relief in hard days, signed in the EPF Form. The I

Party came to know that the II Party has terminated his service vide Order No. CVSO/42/DP/98-99/1546 dated

06.07.1998 with retrospective effect i.e., from 01.07.1996 from the date of availing the sick leave. The termination

letter is not served on the same day and also it is not supported with any prior notice of 3 months or 3 months notice

pay. Hence, the Order of termination issued under Annexure-‘A’ is itself illegal, irregular and not sustainable in law.

The I Party submits that he is the only bread winner of his family and hence he immediately approached the II Party

Mines Manager for re-calling the above mentioned illegal order and permit him to work in the above mines. All the

efforts made by him went in vain because of adamant, unreasonable attitude and hostile discrimination of the II party.

The action of the II Party in this regard is highly illegal, irregular and not sustainable in law for the following reasons:

(1)

The Order of termination dated 06.07.1998 under Annexure-‘A’ is not from the prospective date from the

day of serving the termination order but from the retrospective effect i.e., from the date of availing the

sick leave and there is no 3 months notice or 3 months pay in lieu of notice. Apart from the same, the

said Order has not been served to the I Party.

(2)

The action of the II Party in terminating the I Party service without issuing any Charge-Sheet, Show

Cause Notice calling for any explanation and also, without conducting any Inquiry thereon and without

following the due process of law and principle of natural justice and terminating the I Party service is

highly illegal, irregular, arbitrary and amounts to hostile discrimination and also there is no enquiry at all.

(3)

The alleged charges of II Party, against the I Party are baseless, vague and deliberately made with

malafide intention, lack of material fact, particulars and without any basis, to victimize I Party. Hence,

II

(ii)

2543

the same has vitiated the entire Enquiry proceedings and the proper procedure has not been followed and

also, the II Party has violated the Principle of Natural Justice. Therefore, the so-called alleged Enquiry is

bristles with very many infirmities and illegalities.

The I Party respectfully submits that apart from the violation of various provisions of the I.D. Act, Principle of

Natural justice, the II Party violated its own Certified Standing Orders namely Mysore Minerals Limited Officers and

Employees Conditions of Service, Conduct and Disciplinary Proceedings Rules under Rule/Clause 24 & 33. The I

Party submits that the II Party failed to issue the charge sheet and show-cause notice to the I Party. The I Party submits

that 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 an 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 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 14.07.2007. The I

Party is entitled for back wages, continuity of service and other consequential benefits from the date of refusal to

provide employment w.e.f. 01.07.1996. The II Party violated the provisions of 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. This 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.

(v)

LLJ-I-1994-pg 468-471 [All], U.P. State Spinning Mills Co. Vs State of U.P & Others

(vi)

LLJ-II-2003-pg 1143-1145[Ori], Management of Aska Co-operative Central Bank Ltd. Vs State of

Orissa

(vii)

LLJ-I-2002-pg-204-206 [Mad], E.E. Construction Division 2, Mannarpuram, Trichy and Another Vs

M.Gajapathy and Another

(viii) LLJ-I-2002-pg-1079-1081[Del], Mangal Singh Vs Presiding Officer, Industrial Tribunal No.1, Delhi and

Another

(ix)

LLJ-I-2002-pg-1129-1132[Bom], Haribhau S/o. Gaman Waghchaure Vs State of Maharastra and

Another.

Therefore, the I Party prays 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 with retrospective effect from 01.07.1996 and 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., 01.07.1996 till providing employment as per the details mentioned in 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 for the 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 I Party as mentioned in the claim petition that on 02.05.1989, the I Party joined the

service of the II Party at its mining unit, i.e., Bageshapura Koalin Works. It is true that the petitioner has not been

allowed to work after 06.07.1998 due to the reason that the I Party reached the age of superannuation. At no point of

time, I Party requested the officials of II Party, seeking reinstatement. The II Party considering the age of I Party and

after following the service rules, relieved the I Party from his service. All the required facilities have been provided by

the II Party to the I Party as per the Mines act. The whole allegation made in the said claim statement are false and not

correct. The Medical Examination is conducted as per the Mines Rules, 1955 and the same doesn’t offend any of the

provisions of Mines Rules. All the required service regulations governing the I Party have been followed by the

II Party. On the sole ground of ‘Delay and Latches’ the claim petition filed by the I Party is liable to be dismissed.

2544

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

4.

Further, on 28.01.2014, it is ordered by this Court that, the II Party, in spite of granting several adjournments has

failed to produce the Enquiry file and hence it is taken that no Domestic Enquiry is held in the present matter.

Thereafter on 04.10.2016, the Office Superintendent appeared before this Court and prayed time to proceed in the

matter. Thereafter, on 02.02.2017 and again on 14.02.2017, no representation has been made on behalf of II Party,

though counsel for I Party present with I Party. Further, the counsel for I Party, reported that the II Party has not

conducted any enquiry on the alleged misconduct of unauthorized absence and also, the principles of natural justice,

reasonableness and fairness have not been followed by the II Party. This is an old case of the year 2008 and no

representation has been made for II Party for several dates, though sufficient time and adequate opportunities have been

granted to II Party. Hence, this Court is constrained to pass an appropriate award in accordance with law after the

perusal of entire materials brought on record in the present case.

5.

The crucial point that arises for consideration in the present matter is:-

“Whether the order of dismissal imposed on Shri.Manjunatha by the management of M/s Mysore Minerals

Limited w.e.f. 01.07.1996 is justified? If not, to what relief the workman is entitled to?”

6.

Analysis, Discussion Findings with regard to the above mentioned point:-

The I Party/workman namely WW1 has specifically stated in the claim statement and also in his evidence that he

has joined in the service of II Party/Management at its mines unit, namely Bageshpura Koalin Works as a Mining

worker on 02.05.1989, and his date of birth is 02.11.1968 and WW1 has rendered his service sincerely, honestly,

diligently, without giving room for any omission or commission. Further, WW1 has particularly stated that, during the

year 1996 due to Industrial hazardousness and due to weakness and skin allergy, WW1 used to fell frequently sick and

the I Party has availed the sick leave from 01.07.1998 and the I Party has promptly intimated about the same to the II

Party Mines Manager and recently the I Party came to know that the II Party has terminated the service vide its Order

No. CVSO/42/DP98-99/1546 dated 06.07.1998 with retrospective effect i.e, from 01.07.1996 from the date of availing

sick leave. Further, I Party has categorically stated in the claim statement and also in his evidence that the II Party

without issuing any Show cause notice, charge sheet to the I Party and also, calling for explanation and further, without

conducting the fair and proper enquiry and without following the due process of law, the II Party has issued the

Termination Order as per Ex W-1.

7.

Further, the I Party has pointed out in his claim statement and evidence, that as per the Termination Order dated

06.07.1998, the II Party has terminated the service of I Party with retrospective effect from 01.07.1996 and the said

Termination Order is not supported with any prior notice of 3 months or 3 months notice pay. In the circumstances, the

I party has specifically pointed out that, the Order of termination issued by the II Party, as per Ex W-1 itself, is illegal,

irregular and not sustainable in Law. Furthermore, in the affidavit and the evidence the I Party/workman has stated that

all the efforts made by him, for recalling above mentioned termination order has not materialised, due to the

unreasonable attitude of the II party. Further, I party has particularly stated in his evidence that he is an illiterate and he

is the only bread winner of his family and his repeated request has not been considered by the II Party, due to the

adamant, un-reasonable, un-helpful attitude and hostile discrimination of the II Party Management. Further, as per Ex

W-2, circular issued on 22.08.2008 by the II Party the retirement age of workman has been increased from 58 to 60

years, by the II Party.

8. Further, the I Party has clearly stated that he has met the officers of the II Party several times and also requested

for cancellation of Termination Order issued by the II Party illegally, but the II Party has failed to consider the request

of I Party and therefore the punishment of dismissal imposed by the II Party is illegal, irregular, arbitrary, malafied and

also not justified in accordance with law. Further, in the evidence the I Party has clearly stated that he is not gainfully

employed anywhere during the termination period and he is depending upon the earnings from the employment with the

II Party and due to his illegal termination he has suffered mental agony and hardship. Further, it is settled law that there

is no estoppel as against the statutory rights as pointed out in the Social Welfare legislation of Industrial Dispute Act.

Hence, the Management cannot submit that after receiving the terminal benefits, the workman cannot adjudicate for his

legal rights under the provisions of I.D. Act.

9. Further, on a careful scrutiny of the pleadings namely claim statement and objection filed by the II Party and also

evidence and documents filed on behalf of both parties and Exhibits filed on behalf of I Party, it is found that the II

Party has not taken action as per the principles of natural justice, fairness and reasonableness. Further, on appreciating

the evidences adduced and also the documents produced by both the parties, in the proper perspective, it is found that

the workman is entitled to get reinstatement, with full back wages, and also with the continuity of service. Further, it

is seen that, the II Party/Management is adopting super technical and hyper technical measures, so as to stop the

workman from getting the legal benefits. Further, the intension of the legislature in enacting the Social Welfare

provisions of Industrial Dispute Act would be defeated, if the untenable submissions of the II Party/Management are

not taken into consideration very seriously and, it is found that the legal benefits of the workman have to be granted in

the best interest of Industrial Adjudication.

II

(ii)

2545

10.

Further, in Annexure-‘A’, it has been stated by the II Party that, three memos dated 07.08.1996, 28.08.1996 and

27.09.1996 have been issued to I Party. Thereafter, final notice has been published in the local kannada daily on

05.12.1996. Thereafter, Inquiry has been ordered by appointing Sri. M.N. Ganapathi, as Inquiry Officer. The Inquiry

Officer submitted the report. Thereafter, final show cause notice issued on 28.05.1997, as to why the I Party should not

be dismissed from service. However, no explanation is given in the dismissal order, as to whether the final show cause

notice has been served to the I Party. Further, copies of the various notices mentioned above have not been filed on

behalf of II Party and also Enquiry report has not been filed on behalf of II Party. However, I Party has clearly stated

that his Date of Birth is 02.11.1968, and he will be attaining the age of superannuation on 02.11.2028 and after

recovering from sickness the I Party, reported for duty on 15.06.1997.

11.

Further, it is relevant to mention that the I Party workman has been punished by II Party on 01.07.1996 itself.

Further, the underlying aim and object of adjudication of an Industrial Dispute is, in effect, dispensation of social and

economic justice and translating fundamental rights as well as directive principles into some tangible relief. As held in

Basti Sugar Mills Co. Ltd. Vs State of U.P., (1979) 2 SCC 88, by V. Kishna Iyer. J: “Industrial Jurisprudence does not

brook nice nuances and torture some technicalities to stand in the way of just solutions reached in a rough and ready

manner. Grim and grimy life-situations have no time for the finer manners of elegant jurisprudence.” Thus, the

process of industrial adjudication is an onerous task being guided by the constitutional mandates and aiming at

settlement of the industrial dispute on a fair and just basis, tested on the touchstone of social and economic justice.

When an industrial dispute is raised, it is a commotion to be pacified by dispensing justice. In such adjudication, not

just the right to equality and other Constitutional guarantees, but the aims and ideals of the Constitution enter into the

consideration. It is the duty of the Courts to apply directive principles in interpreting the Constitution and the laws.

The jurisdiction of an Industrial Tribunal-Cum-Labour Court, therefore, is expansive and creative and not restricted to

only enforcing or interpreting the contract of service or the extant legal provisions and it is not-fettered by the

limitations of contracts and can even involve extension of existing agreement of the making of a new one, or in general,

creation of new obligations or modification of old ones. The ultimate object is to see that industrial disputes are settled

by industrial adjudication on principles of fair play and justice.

12.

Further, in the Judgment of the Hon’ble High Court of Karnataka, dated 29.03.2001, Mr. Hon’ble Justice. K.L.

Manjunath, in Writ Petition No. 5615/2001(S-RES), between Smt. K. Dundamma Vs MML(II Party herein), it is

clearly held as follows:- “The Management herein shall not change the date of birth of the petitioner in the service

register without adopting the procedure known under the law”. Further, in the Judgment of the Hon’ble High Court of

Karnataka, dated 12.06.2002, by the Hon’ble Mr. N.K. Jain, Chief Justice and Mr. Hon’ble Justice. S.B. Majige, in

Writ Appeal No. 3460/01 C/W W.A. No. 3459/01(S), between MML(II Party herein) Vs Puttachari and others, it is

specifically held as follows:- “Once the age is entered in service record, it cannot be changed unless the procedure

prescribed for changing the date of birth is followed.” Also, in the Judgment of the Hon’ble High Court of Karnataka,

dated 01.06.2006, Mr. Hon’ble Justice. Ashok.B. Hinchigeri, in Writ Petition No. 26101/01 C/W W.P. Nos. 23798/01,

23797/01 & 23794/01(S-RES), between Sh. V.C. Range Gowda and others Vs MML (II Party herein), it is particularly

held as follows:- “I unmistakably hold that the impugned order and the medical reports are totally unsustainable and

quash them for the following reasons:-

a)

The decision making process is not fair and transparent.

b)

The impugned decision to retire them from the service is passed in fragment violation of the principles of

natural justice.

c)

It shocks the judicial conscience that somebody’s age can be determined based on the medical

examination; even when the medical science and technology have advanced, a stage has not yet come

where the date of birth can be ascertained with a absolute certainty based on the medical examination.

d)

There is no application of mind either by the respondents or by the author of the medical reports.

e)

The respondents are in no position to spell out the details of the ‘Mass Medical Examination’. They have

not filed the affidavits of the doctors who conducted the medical tests on the basis of which the age is

determined. How many employees were subjected to the medical examination, what is the length of the

medical examination and how many doctors did the examination are not forthcoming from the

respondents.

f)

Based on the unreliable medical reports, the date of birth of the petitioners cannot be altered to their

prejudice and disadvantage.

Viewed from any angle, the impugned orders and the medical reports are wholly unsustainable. Therefore, the

respondents order dt. 26.02.2001 Annexure-B in W.P. No. 26101/01, dt. 12.03.2001 Annexure-B in W.P. Nos

23798/01, 23797/01 & 23794/01 and dt. 27.03.2001 Annexure-A in W.P. No. 23797/01 and the medical reports

Annexures C-1 to C-4 in W.P. No. 26101/01, Annexure-B in 23797/01 & Annexure-C in W.P. No. 23794/01 are

2546

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

hereby quashed. For no fault of the petitioners 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.” Hence, the II Party is not justified in submitting in the

Objection/Written Statement that, the Medical Examination has been conducted as per the Mines Rules, 1955 and it is

true that, I Party, has not been allowed to work after 06.07.1998, as the I Party has reached the age of superannuation.

13.

Further, in the Judgment reported in 1981-1-LLJ-327 the Hon’ble Supreme Court of India, dated 12.12.1980,

Mr. Y.V. Chandrachud, Hon’ble Chief Justice, Mr. Justice A.P. Sen, between Grindlays Bank Limited Vs Central

Government Industria; Tribuanl and others, it is pertinently held as follows:- “It is needless to stress that where the

Tribunal proceeds to make an award without notice to a party, the award is nothing but a nullity. In such

circumstances, the Tribunal has not only the power but also the duty to set aside the ex parte award and to direct the

matter to be heard afresh.” In the present case also, the I Party has clearly established that the II Party has terminated

the service of I Party without following the due process of law and also principles of natural justice, fairness and

reasonableness and hence, the I Party is entitled to get reinstatement with full back wages and also, the continuity of

service. Thus, the point is answered in favour of I Party. Hence, the following award, is passed:-

AWARD

The II Party/Management is not justified in imposing the punishment of dismissal of I party/Manjunatha

with retrospective effect 01.07.1996 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, 01.07.1996 till providing employment and the present reference is answered in

favour of I party, without cost for the above mentioned peculiar facts and circumstances.

(Dictated, transcribed, corrected and signed by me on 28th March, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party:

WW 1

Sh. Manjunath, I Party/ workman

Exhibit marked on behalf of I Party:

Exhibits

Date

Description of Document

Ex W-1

06.07.1998

Termination order

Ex W-2

22.08.2008

Circular relating to enhancing the superannuation age

from 58 years to 60 years

—

New Delhi, the 20th April, 2017

S.O. 1110.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 04/2010) 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 Limited and their workman, which was received by the Central Government on

13.04.2017.

[No. L-29012/22/2009-IR (M)]

RAJESH KUMAR, Under Secy.

II

(ii)

2547

ANNEXURE

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

BANGALORE

DATED : 28th MARCH, 2017

PRESENT : Shri V. S. RAVI, Presiding Officer

C R No. 04/2010

I Party

II Party

Sh. B.N. Devaraj, MML Worker,

The Managing Director,

S/o Late Sh. B.T. Nanjamari, Balekere Village,

Mysore Minerals Limited,

Bajagur Post, Novavinkere Hobli,

No. 39, M G Road,

Tiptur Taluk, Tumkur District.

Bangalore.- 560001

(For I Party, M/s. K.T. Vovinde Gowda &

Sh. C.G. Dileep Gowda, Advocates)

AWARD

1.

The Central Government vide Order No.L-29012/22/2009-IR(M) dated 19.01.2010 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 order of dismissal imposed on Shri. B.N. Devaraj by the management of M/s Mysore

Minerals Limited w.e.f. 21.06.2003 is justified? To what relief the workman is entitled?”

2.

Brief details mentioned in the Claim Statement are as follows:-

The I Party submits that in the year 1983, he has joined in the service of the II Party as Mechanical Helper,

Central Workshop, Yellapura Taluk, Karawara District in the year 1983 and worked as a helper upto 1991. The I Party

has rendered his service Sincerely, Honestly, and Diligently without giving any room for any omission or commission

and thus I party has rendered the unblemished service. From 22.03.1998, the I Party has been deputed as a Driver to

work in K.S.R.T.C from the II Party and he worked in the said Corporation form 1998 up to 03.01.2002. The

Corporation on 03.01.2002 has written a letter to the II Party, alleging falsely that the I Party has been in the habit of

absenting himself unauthorizedly and also, willing to go back to the parent institution and as a result the same, the II

Party has issued a Notice bearing MNL/T/CM/ENQUIRY/2002-03/1676, dated 21.01.2003 informing the I Party that

one Sri. D.S. Narayan, Manager, has been appointed as an enquiry officer by the Central Office and also, instructed the

I party to attend the enquiry as and when directed. The I Party has promptly attended the enquiry and participated in

the same. Thereafter the said enquiry officer of the II Party, after completion of the enquiry, submitted the report to the

Central Office. The I Party submits that the, enquiry conducted by the enquiry officer is neither fair nor just confirming

to the principles of Natural Justice. The I Party submits that based on the said perverse enquiry, the Central Officer of

the II Party has held that the allegations made as against the I Party as proved i.e., that the I Party has committed the

unauthorized absence for more than 10 days without taking prior permission and he has committed default in his service

for which he is liable to be punished, which are far from truth. The Disciplinary authority has not issued to the I Party a

Second show cause notice and called for any explanation as to the nature and gravity of offence committed by him

before imposing the extreme penalty of dismissal from service. The Disciplinary Authority has mechanically

concurred with the findings given by the enquiry officer without proper application of mind independently and passed

the dismissal order dated 21.06.2003 dismissing the I Party from his service of the II Party with immediate effect. The I

Party states that, on account of severe ill health of wife of I Party and as the only person to look after her, the I Party has

taken leave and could not attend to duty on the dates mentioned in the charge sheet and he has, in clear and explicit

words, explained his absence on those days and also, furnished sufficient reasons to the enquiry officer of the II Party.

The I Party respectfully submits that apart from the violation of various provisions of the I.D. Act and the Principle of

Natural justice, the II Party violated its own Certified Standing Orders namely Mysore Minerals Limited Officers and

Employees Conditions of Service, Conduct and Disciplinary Proceedings Rules under Rule/Clause 24 & 33. The I

Party respectfully submits that the II Party failed to issue 3 months prior notice or tendered payment of 3 months salary

to the I Party before termination of service of the I Party under Rule 24. The I Party respectfully submits that 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 an 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. After refusal

of employment, the I Party failed to get any work and earnings in any manner. The I Party is facing financial hardship

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THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

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 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 18.05.2009. The I Party is entitled for back wages,

continuity of service and other consequential benefits from the date of refusal to provide employment w.e.f. 21.06.2003.

The II Party violated the provisions of 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. Under the I.D. Act there is no limitation for raising the

dispute, and the Article 137 of Schedule to the Limitation Act is not applicable to proceedings under I.D. Act. This

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.

(v)

LLJ-I-1994-pg 468-471 [All], U.P. State Spinning Mills Co. Vs State of U.P & Others.

(vi) LLJ-II-2003-pg 1143-1145[Ori], Management of Aska Co-operative Central Bank Ltd. Vs State of

Orissa.

(vii) LLJ-I-2002-pg-204-206 [Mad], E.E. Construction Division 2, Mannarpuram, Trichy and Another Vs

M.Gajapathy and Another.

(viii) LLJ-I-2002-pg-1079-1081[Del], Mangal Singh Vs Presiding Officer, Industrial Tribunal No.1, Delhi

and Another.

(ix)

LLJ-I-2002-pg-1129-1132[Bom], Haribhau S/o. Gaman Waghchaure Vs State of Maharastra and

Another.

The action of the II Party in dismissing the services of the I Party in retrospective effect is highly illegal,

irregular, arbitrary, capricious, malafide, victimisatory and not justifiable in law. Therefore, the I Party prays this Court

to pass an award by holding that the action of the II Party Management is not justified in terminating the services of I

Party with retrospective effect from 21.06.2003 and 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., 21.06.2003

till providing employment as per the details mentioned in 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 for the 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 I Party as mentioned in the claim petition that on 1983, the I Party joined the service

of the II Party at its mining unit, i.e., Central Workshop, Yellapura Taluk, Karawara District. The allegation of the I

Party that he is entitled to continue in the service with the II Party till reaching the age of superannuation i.e., 58 years

of age, is false and incorrect. It is specifically submitted that upon the intervention of the Employees Union of the II

Party and on the recommendation of the Employees Union of the II Party the I Party has been subjected to Medical

Examination. The II Party submits that the, I Party has not been allowed to work after 21.06.2003 in view of the fact

that I Party, has reached the age of superannuation. All the required facilities have been provided by the II Party to the

I Party as per the Mines act. The Medical Examination is conducted as per the Mines Rules, 1955 and the same doesn’t

offend any of the provisions of Mines Rules. Further, no reason or pressing circumstances warranted to change the date

of birth of the I Party in the records maintained in the office of the II Party. There is an inordinate delay in raising and

filing the present claim petition and the delay cannot be just condoned as there are no valid grounds to condone the said

delay. It is further submitted that the I Party is not entitled for any reliefs from this Court much less continuity of

service, back wages and other consequential benefits. Viewed from any angle, the claim filed by the I Party is not

maintainable for the reasons mentioned supra. WHEREFORE, it is respectfully prayed that this Court may be pleased

to dismiss the claim petition filed by the I Party with costs, in the ends of justice and equity.

4.

No representation has been made on behalf of II Party, though RPAD notice in transaction No.A RK 345401165

IN dated 08.02.2017 has been issued and served postal acknowledgment has been received by this Court. Further, the

counsel for I Party, reported that the II Party has not conducted any proper enquiry on the alleged misconduct of

II

(ii)

2549

unauthorized absence and also, the principles of natural justice, reasonableness and fairness have not been followed by

the II Party. This is an old case of the year 2010 and no representation has been made for II Party for several dates,

though sufficient time and adequate opportunities have been granted to II Party. Hence, this Court is constrained to

pass an appropriate award in accordance with law after the perusal of entire materials brought on record in the present

case. Further, it is pertinentaly held on 28.01.2014, itself, that the II Party has failed to produce the Enquiry file,

inspite of granting several adjournments and hence, no Domestic Enquiry has been held, in the present matter.

5.

The crucial point that arises for consideration in the present matter is:-

“Whether the order of dismissal imposed on Shri. B.N. Devaraj by the management of M/s Mysore Minerals

Limited w.e.f. 21.06.2003 is justified? To what relief the workman is entitled?”

6.

Analysis, Discussion Findings with regard to the above mentioned point:-

The I Party/workman namely WW1 has specifically stated in the claim statement and also in his evidence that he

has joined in the service of II Party/Management at its mines unit, namely 1983, he has joined in the service of the II

Party as Mechanical Helper, Central Workshop, Yellapura Taluk, Karawara District in the year 1983 and worked as a

helper upto 1991 and WW1 has rendered his service sincerely, honestly, and diligently, without giving room for any

omission or commission. The I Party also states that, from 22.03.1998, the I Party has been deputed as a Driver to work

in K.S.R.T.C from the II Party and he worked in the said Corporation form 1998 upto 03.01.2002. The Corporation on

03.01.2002 has written a letter to the II Party, alleging falsely that the I Party has been in the habit of absenting himself

unauthorizedly and also willing to go back to the parent institution and as a result of the same, the II Party, issued a

Notice bearing MNL/T/CM/ENQUIRY/2002-03/1676, dated 21.01.2003 informing the I Party that one

Sri. D.S. Narayan, Manager, has been appointed as an enquiry officer by the Central Office and also, instructed the I

party to attend the enquiry as and when directed. The I Party has promptly attended the enquiry and participated in the

same. Thereafter the said enquiry officer of the II Party after completion of the enquiry submitted the report to the

Central Office. The I Party submits that the, enquiry conducted by the enquiry officer is neither fair nor just confirming

to the principles of Natural Justice. The II Party passed the dismissal order dated 21/06/2003 dismissing the I Party

from the services with immediate effect. The I Party also submits that, the Second party terminated his services without

issuing any Charge-Sheet, Show Cause Notice calling for any explanation and conducting any Inquiry thereon and also,

without following the due process of law and conforming to the Principal of natural justice. Apart from the same, the

Second party failed to follow the due process under the ID.Act and also its own Certified Standing Orders namely

Mysore Minerals Limited Officers and Employees Conditions of Service, Conduct & Disciplinary Proceedings Rules

under Rule/Clause 24 & 33. Hence, the action of the Second Party is highly illegal, irregular, arbitrary, capricious,

malafide, victimisatory and not justifiable in Law. The I Party submits that, the I Party is not gainfully employed

anywhere during the termination period and the I Party is depending upon the earning from the employment with II

Party and also, due to the said illegal termination, the I Party suffered mental agony and hardship.

7.

Further, on a careful scrutiny of the pleadings namely claim statement and objection filed by the II Party and

also evidence filed on behalf of both parties, it is found that the II Party has not taken action as per the principles of

natural justice, fairness and reasonableness. Further, on appreciating the evidences adduced by both the parties, in the

proper perspective, it is found that the workman is entitled to get reinstatement, with full back wages, and also with the

continuity of service. Further, it is seen that, the II Party/Management is adopting super technical and hyper technical

measures, so as to stop the workman from getting the legal benefits. Further, the intension of the legislature in enacting

the Social Welfare provisions of Industrial Dispute Act would be defeated, if the untenable submissions of the II

Party/Management are not taken into consideration very seriously and, it is found that the legal benefits of the

workman have to be granted in the best interest of Industrial Adjudication.

8.

Further, MW-1 namely Somanna, Assistant Manager in II Party Management, submits that the I Party joined the

service of II Party in the year 1983 at Central Workshop, Yellapur Taluk, Karwar District and from 22.03.1998 the

I Party has been deputed as a Driver to work in K.S.R.T.C and in 13.12.1998, the I Party met with an accident. Further,

MW-1, states that, the I Party has committed the unauthorized absence from 19.08.2001 to 27.04.2002 and because of

the said attitude of the I Party, the KSRTC has relieved him from service of KSRTC and send the file to II Party. MW-

1, also states the II Party has issued a Letter No. 1565 dated 26.07.2002, namely, a show cause notice to the I Party for

giving an explanation towards unauthorized absence and the I Party has signed and received the notice. Further, MW-1

states that, in view of habit of unauthorized absence and irresponsible nature of the I Party, the Management thought fit

to remove the I Party from the services, with effect from 21.06.2003. MW-1 also states that, immediately after the

termination of the I Party, the II Party Management has settled all terminal benefits and the claim made by the I Party is

not sustainable in law.

9.

Further, it is relevant to mention that the I Party workman has been punished by II Party on 21.06.2003 itself.

Further, the underlying aim and object of adjudication of an Industrial Dispute is, in effect, dispensation of social and

economic justice and translating fundamental rights as well as directive principles into some tangible relief. As held in

2550

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Basti Sugar Mills Co. Ltd. Vs State of U.P., (1979) 2 SCC 88, by V. Kishna Iyer. J: “Industrial Jurisprudence does not

brook nice nuances and torturesome technicalities to stand in the way of just solutions reached in a rough and ready

manner. Grim and grimy life-situations have no time for the finer manners of elegant jurisprudence.” Thus, the

process of industrial adjudication is an onerous task being guided by the constitutional mandates and aiming at

settlement of the industrial dispute on a fair and just basis, tested on the touchstone of social and economic justice.

When an industrial dispute is raised, it is a commotion to be pacified by dispensing justice. In such adjudication, not

just the right to equality and other Constitutional guarantees, but the aims and ideals of the Constitution enter into the

consideration. It is the duty of the Courts to apply directive principles in interpreting the Constitution and the laws.

The jurisdiction of an Industrial Tribunal-Cum-Labour Court, therefore, is expansive and creative and not restricted to

only enforcing or interpreting the contract of service or the extant legal provisions and it is not-fettered by the

limitations of contracts and can even involve extension of existing agreement of the making of a new one, or in general,

creation of new obligations or modification of old ones. The ultimate object is to see that industrial disputes are settled

by industrial adjudication on principles of fair play and justice.

10.

Further, in the Judgment of the Hon’ble High Court of Karnataka, dated 29.03.2001, Mr. Hon’ble

Justice. K.L. Manjunath, in Writ Petition No. 5615/2001(S-RES), between Smt. K. Dundamma Vs MML(II Party

herein), it is clearly held as follows:- “The Management herein shall not change the date of birth of the petitioner in the

service register without adopting the procedure known under the law”. Further, in the Judgment of the Hon’ble High

Court of Karnataka, dated 12.06.2002, by the Hon’ble Mr. N.K. Jain, Chief Justice and Mr. Hon’ble Justice. S.B.

Majige, in Writ Appeal No. 3460/01 C/W W.A. No. 3459/01(S), between MML(II Party herein) Vs Puttachari and

others, it is specifically held as follows:- “Once the age is entered in service record, it cannot be changed unless the

procedure prescribed for changing the date of birth is followed.” Also, in the Judgment of the Hon’ble High Court of

Karnataka, dated 01.06.2006, Mr. Hon’ble Justice. Ashok.B. Hinchigeri, in Writ Petition No. 26101/01 C/W W.P. Nos.

23798/01, 23797/01 & 23794/01(S-RES), between Sh. V.C. Range Gowda and others Vs MML, it is particularly held

as follows:- “I unmistakably hold that the impugned order and the medical reports are totally unsustainable and quash

them for the following reasons:-

a)

The decision making process is not fair and transparent.

b)

The impugned decision to retire them from the service is passed in fragment violation of the principles of

natural justice.

c)

It shocks the judicial conscience that somebody’s age can be determined based on the medical

examination; even when the medical science and technology have advanced, a stage has not yet come

where the date of birth can be ascertained with an absolute certainty based on the medical examination.

d)

There is no application of mind either by the respondents or by the author of the medical reports.

e)

The respondents are in no position to spell out the details of the ‘Mass Medical Examination’. They have

not filed the affidavits of the doctors who conducted the medical tests on the basis of which the age is

determined. How many employees were subjected to the medical examination, what is the length of the

medical examination and how many doctors did the examination are not forthcoming from the

respondents.

f)

Based on the unreliable medical reports, the date of birth of the petitioners cannot be altered to their

prejudice and disadvantage.

Viewed from any angle, the impugned orders and the medical reports are wholly unsustainable. Therefore, the

respondents order dt. 26.02.2001 Annexure-B in W.P. No. 26101/01, dt. 12.03.2001 Annexure-B in

W.P. Nos. 23798/01, 23797/01 & 23794/01 and dt. 27.03.2001 Annexure-A in W.P. No. 23797/01 and the medical

reports Annexures C-1 to C-4 in W.P. No. 26101/01, Annexure-B in 23797/01 & Annexure-C in W.P. No. 23794/01

are hereby quashed. For no fault of the petitioners 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.” Hence, the II Party is not justified in submitting in the

Objection/Written Statement that, the Medical Examination has been conducted as per the Mines Rules, 1955 and it is

true that, I Party, has not been allowed to work after 21.06.2003, as the I Party has reached the age of superannuation.

11.

Further, in the Judgment reported in 1981-1-LLJ-327 the Hon’ble Supreme Court of India, dated 12.12.1980,

Mr. Y.V. Chandrachud, Hon’ble Chief Justice, Mr. Justice A.P. Sen, between Grindlays Bank Limited Vs Central

Government Industrial Tribunal and others, it is pertinently held as follows:- “It is needless to stress that where the

Tribunal proceeds to make an award without notice to a party, the award is nothing but a nullity. In such

circumstances, the Tribunal has not only the power but also the duty to set aside the ex parte award and to direct the

matter to be heard afresh.” In the present case also, the I Party has clearly established that the II Party has terminated

the service of I Party without following the due process of law and also principles of natural justice, fairness and

II

(ii)

2551

reasonableness and hence, the I Party is entitled to get reinstatement with full back wages and also, the continuity of

service. Thus, the point is answered in favour of I Party. Hence, the following award, is passed:-

AWARD

The II Party/Management is not justified in imposing the punishment of dismissal of I party/B.N. Devraj-

workman, with retrospective effect from 21.06.2003 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, 21.06.2003 till providing employment and the present reference is answered in favour of I

party, without cost for the above mentioned peculiar facts and circumstances.

(Dictated, transcribed, corrected and signed by me on 28th March, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party:

WW 1

Sh. B.N. Devraj, I Party/ workman

List of Witness on the side of II Party:

MW 1 Sh. Somanna, Assistant Manager/II Party

—

New Delhi, the 20th April, 2017

S.O.1111 .—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 04/2009) 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 Limited and their workman, which was received by the Central Government on

13.04.2017.

[No. L-29012/26/2006-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

BANGALORE

Dated : 28th March, 2017

PRESENT : Shri V. S. RAVI, Presiding Officer

C R No. 04/2009

I Party

II Party

Sh. Munigowda,

The Managing Director,

S/o Late Ningegowda,

Mysore Minerals Limited,

R/p Bettegowda Doddi (Village)

No. 39, M G Road,

Kodihalli Hobli

Bangalore.- 560001

Narayanapura Post, Kanakapura Taluk,

Bangalore-560001

(For I Party, M/s. G.S. Naveen Kumar, Advocate)

2552

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

AWARD

1.

The Central Government vide Order No.L-29012/26/2006-IR(M) dated 13.01.2009 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 action of the management of M/s Mysore Minerals Limited in imposing the punishment of

termination of services on Shri. Munigowda, Ex-Mazdoor, M/s Mysore Minerals Limited, Katigeri Dolamite

Mines, Bagalkot District w.e.f. 16.11.2000 is legal and justified? To what relief the workman is entitled and

from which date?”

2.

Brief details mentioned in the Claim Statement are as follows:-

The I Party submits that, he has been selected and appointed as a Mazdoor by the respondent in the year 1986

and subsequently his services came to be confirmed. It is submitted that the I party has worked continuously

over a period of 13 years at Kebbihalli unit of Kanakapura Taluk. That, in the year 1999, the II party has transferred the

I Party to Kakegeri Dalmaite Mine, Badami Taluk, Bagalkot District. The I Party also states that, on the basis of false

complaint alleged to have been filed by one Mr. Mallikarjunaiah, son of Mallaiah on 03-04-2000, the II party has kept

the I Party under suspension pending enquiry by an order dated 04-04-2000. The I Party also submits that the Manager

of Katagere has not served the order of suspension and even subsistence allowance has not been paid to him, and he has

no source of income and also the I party has approached the manager. The I Party submits that on 19-07-2000

when the I party has filed a representation before the Manager of Kategere unit then the Manager has made an

endorsement on 15-10-2003 stating that the I party has already been terminated from the services by an order dated 16-

11-2000. The I party made several requests and ultimately the I party has filed a representation before the II

party on 13-06-2005 requesting to furnish the order of dismissal along with covering letter dated 12-07-2005. It is

submitted that the II party has terminated the I party for unauthorized absent from duties with effect from 04-04-2000

and onwards. Further, it is also submitted that the I party has not committed any misconduct as referred to in the order

of dismissal. It is submitted that the I party has not been served with the show cause notice and the publication notice

in the local paper circulated at Kanakapura Taluk. The I party is unaware of the exparte proceedings conducted and

also, the order of dismissal passed by the II party, without holding any enquiry, which is illegal and contrary to law and

the same is opposed to the principles of natural justice. It is submitted that the II party has passed the order of dismissal

on 16.11.2000 but it came to be served on the I party only on 12.07.2005. That in compliance of the order passed by the

Hon'ble High Court of Karnataka, the conciliation officer reheard the matter afresh and factual report has been

forwarded to the Central Government and then, it has referred the dispute to this Court for proper adjudication on the

point of reference. It is submitted that in view of the reasons stated above, absolutely there is no delay on the part of the

I party workman in raising the Industrial Dispute. It is submitted that the II party without, there being any justifiable

reasons, has illegally and arbitrarily dismissed the first party from service. Therefore, the I Party respectfully prays that

this Court may be pleased to

a)

Allow the reference by setting aside the order of dismissal dated 16.11.2000 passed by the II Party and

also, to direct the II Party to reinstate the I Party back into service with continuity of service and all other

consequential benefits, including back wages from the date of dismissal till the date of reinstatement.

b)

Pass any other appropriate order, orders or directions as this Court may deems fit to grant by considering

the facts and circumstances of the case and an order as to costs to meet the ends of justice.

3.

The II party has not filed the objection for the said claim statement of I party, though sufficient and adequate

opportunities have been granted to the II Party. Further Vakalat has been filed on behalf of II Party on 25.04.2011

itself. However, the objection to the claim statement has not been filed by II Party, without any valid reasons. Further,

this is an old case of the year 2009. Further, RPAD notice has been sent to II party in Transaction No. A RK

345400491 IN, and served Acknowledgement card has been received by this Court. Still no representation has been

made on behalf of II party and II party also called absent. In the circumstances, this Court is constrained to pass

appropriate award, in accordance with law, based upon the materials brought on record.

4.

The pertinent point that arises for consideration in the present matter is:-

“Whether the action of the management of M/s Mysore Minerals Limited in imposing the punishment of

termination of services on Shri. Munigowda, Ex-Mazdoor, M/s Mysore Minerals Limited, Katigeri Dolamite

Mines, Bagalkot District w.e.f. 16.11.2000 is legal and justified? To what relief the workman is entitled and

from which date?”

II

(ii)

2553

5.

Analysis, Discussion Findings with regard to the above mentioned point:-

The WW-1 namely, Sh. Munigowda/Workman has examined himself as WW-1 and also, the above mentioned

submissions made in the claim statement have been stated by him. The I Party submits that, he has been selected and

appointed as a Mazdoor by the respondent in the year 1986 and subsequently his services came to be confirmed. It is

submitted that the I party has worked continuously over a period of 13 years at Kebbihalli unit of Kanakapura

Taluk. The I Party submits that on the basis of false complaint alleged to have been filed by one Mr. Mallikarjunaiah

son of Mallaiah on 03.04.2000, the II Party has suspended the I Party pending enquiry by an order dated 04.04.2000.

The I Party also submits that the Manager of Katagere has not served the order of suspension and even subsistence

allowance has not been paid to him, and he has no source of income and also, the I party has approached the manager

for the several times. The I Party submits that on 19.07.2000 when the I party has filed a representation before the

Manager of Kategere unit, then, the Manager has made an endorsement on 15.10.2003 by stating that the I party has

already been terminated from the services by an order dated 16.11.2000. The I Party submits that the II party has

terminated the I party for the unauthorized absence from duties with effect from 04.04.2000 and onwards. The I Party

submits that the II party has passed the order of dismissal on 16.11.2000 but it came to be served on the I party only on

12.07.2005.

6. Further, as Per EX W-1, dated 15.02.1999, Relieve Order has been issued by II Party to I Party. As per Ex W-3,

Dismissal Order issued by II Party dated 15.11.2000. Further, as per Ex W-6, dated 13.06.2005, Representation made

by I Party, requesting to furnish the copy of Termination Order dated 16.11.2000. Further, as per Ex W-7, dated

12.07.2005, the II Party furnished the copy of Order of Dismissal dated 16.11.2000, by stating that for the Unauthorized

and long absence of I Party, the dismissal order has been issued. But, no relevant record has been produced by II party,

regarding the service of the said dismissal order to I Party, as pointed out in the Ex-W-7. As per Ex W-8, dated

23.12.2005, Petiton filed by I Party before the Labour Commissioner, and as per Ex W-9, dated 29.12.2006, order has

been issued by Labour Officer to I Party and as per Ex W-10, dated 05.12.2008, Order passed by Hon’ble High Court

of Karnataka and also, it is ordered that, the Ministry of Labour is directed to refer the matter to the adjudicating forum

within one month from the date of production of copy of the said order. In the above mentioned facts and

circumstances, it is found that the workman of I Party is entitled to get back wages from the date of termination i.e.,

from 16.11.2000. Further, it is seen that, the II Party/Management is adopting super technical and hyper technical

measures, so as to stop the I Party from getting the legal benefits. Further, the intension of the legislature in enacting

the Social Welfare provisions of Industrial Dispute Act would be defeated, if the untenable actions of the

II Party/Management are not taken into consideration very seriously, and also the legal benefits of the workman are

denied. The I Party has clearly established that the II Party has terminated the service of I Party without following the

due process of law and also principles of natural justice, fairness and reasonableness and hence, the workman of I Party

is entitled to get full back wages and other consequential benefits from the date of termination, i.e., 16.11.2000. For the

above, mentioned reasons, it is found that, the I Party is entitled to get full back wages and other consequential

monetary benefit. For the above mentioned various reasons and grounds it is found that details mentioned in the claim

statement have been, established by the I party, in accordance with the law. Accordingly, the following award is

passed.

AWARD

The II Party is not justified in terminating the service of the I party Sh. Munigowda – workman, w.e.f

16.11.2000 and II Party is directed to reinstate the I Party with full pay back wages and other

consequential monetary benefits to the workman and the award is passed accordingly, without cost for

the above mentioned peculiar facts and circumstances.

(Dictated, transcribed, corrected and signed by me on 28th March, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party:

WW 1

Sh. Munigowda, I Party/Workman

Exhibit marked on behalf of I Party:

Exhibits

Date

Description of Document

Ex W-1

15.02.1999

Relieve Order

Ex W-2

06.04.2000

Office Order

Ex W-3

15.11.2000

Dismissal Order

2554

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ex W-4

20.08.2003

Office letter

Ex W-5

15.10.2003

Office letter

Ex W-6

13.06.2005

Representation filed by I Party

Ex W-7

12.07.2005

Office letter

Ex W-8

23.12.2005

Petition filed by I Party before Labour Commissioner

Ex W-9

29.12.2006

Endorsement issued by Labour Officer

Ex W-10

05.12.2008

Certified copy of Order passed by the Hon’ble High Court

Ex W-11

-

Identification card issued by II Party

Ex W-12

-

Wage Slips under minimum wages Act issued by II Party

Ex W-13

-

Provident Fund Statement

—

New Delhi, the 20th April, 2017

S.O. 1112.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 28/2010) 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 Company Limited and their workman, which was received by the Central

Government on 13.04.2017.

[No. L-43011/1/2010-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

BANGALORE

DATED : 31st MARCH, 2017

PRESENT : Shri V. S. RAVI, Presiding Officer

C R No. 28/2010

I Party

II Party

Sh. Sharana Kumar (Workman),

The Executive Director,

Rep. by the General Secretary,

Hutti Gold Mines Company Limited,

AITUC, District Council,

Hutti Post, Lingaure Taluk,

Upstairs, Saptagiri Complex,

Raichur- 584115

K.C. Road, Bellary

(By Mr. Muralidhara, Advocate)

(By Mr. M.R.C. Ravi, Advocate)

II

(ii)

2555

AWARD

1.

The Central Government vide Order No.L-43011/1/2010-IR(M) dated 03.08.2010 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 action of management of Hutti Gold Mines Co. Ltd., in terminating the services of

Shri Sharana Kumar, Token No. 2541 w.e.f. 24.05.2007 is justified? To what relief the workman is

entitled?”

2.

Brief details mentioned in the Claim Statement are as follows:-

The I Party is a trade union federation registered under the Trade Unions Act, and the HGML Employees Union

which is the recognised Union in the II Party. Smt. Hanumavva and Sri. Adappa belonged to Kabberu Caste, as that of

Sri. Raghavendrappa. Smt. Hanumavva has got the ownership in the land in Survey No. 57/B in Hutti Village. The

II Party acquired the said land for mining purposes in the year 1963. It is in this background, Sri. Sharana Kumar

S/o Sri. Raghavendrappa and grandson of Smt. Hanumavva made his claim for appointment with the II Party. He has

already produced all the relevant documents like land documents, Village Accountant's certificate of family tree, etc. It

is only after a thorough check of the relevant particulars, the II Party has appointed the I Party in their establishment.

The concerned workman, ever since his appointment, has rendered the honest and sincere service to the II Party and as

such, he has got the flawless record of service. Thereupon, the Manager, (HR) called Sri. Sharana Kumar to his office

on 08.07.2006 and under duress made him to sign a letter which has been written up to the dictation of the Manager.

As such, the so called statements obtained from Sri. Sharana Kumar and his father by the Manager (HR) have been

obtained by the Manger (HR) by misusing his official status and under the direction of his official superiors. The

II Party, without any notice and without any order, has placed the Sri. Sharana Kumar under suspension, and also,

refused to permit him to report for duty w.e.f. 08.07.2006. Thereupon, the Manager (HR) by terming the work of the

I Party/Workman as not satisfactory, initiated, domestic enquiry into the charges alleged against the workman

concerned by appointing one Sri. N. Kariyappa, Staff Officer as Enquiry Officer and Sri. S.S. Bhavimani, Junior

Officer, as the Presenting Officer. The I Party/workman humbly submits that the Enquiry Officer, being an officer of

the II Party has got the bias as against the charge sheeted workman, and also, conducted the enquiry in total disregard of

the principles of natural justice and the provisions of the Certified Standing Orders. The Enquiry Officer failed to cause

the copies of documents which the Presenting Officer submitted in the enquiry, to the charge sheeted workman. The I

Party/Workman has not been granted the opportunity to produce evidence in his defence. The enquiry findings are

unjust, unreasonable and perverse. The enquiry officer, believed the statement of the persons who have not been

produced in the enquiry by the Management, to stand the test of cross-examination. The enquiry findings are therefore

liable to be rejected as perverse for the said reasons and other infirmities. Further, the II Party, as per their

predetermination proceeded to pass final order dated: 24.07.2007 terminating the I Party from the service. The said

order came to be passed without reasons and justification. The I Party submits that the order of termination passed

against the concerned workman is wholly arbitrary, unjust and illegal and the same is liable to be set aside for the

following reasons:

(i)

That, the concerned workman has not committed any act of misconduct in securing employment with the

II Party.

(ii)

Hence initiation of enquiry amounts to abuse of disciplinary power.

(iii)

That, the charge sheet is not proper & legal and the same has also not accompanied by the list of

witnesses and documents.

(iv)

That, the enquiry findings are unjust, unreasonable and perverse.

(v)

That, the action of the II Party amounts to unfair labour practices and legal victimization.

(vi)

That, the order of punishment is unsustainable for the reason of non-payment of subsistence allowance or

wages.

(vii) The I Party/Workman submits that the since the day of his termination, he has remained unemployed and

he has no other source of livelihood.

Therefore, the I Party respectfully prays that this Court may be pleased to pass an Award:

(a)

to set aside the order of dismissal dated: 24.05.2007 passed by the II Party against Sri. Sharana

Kuamar Token No. 2541, as unjust, arbitrary and illegal.

(b)

to direct the II Party Management to reinstate him into the service with full back wages, continuity

of service and all others consequential benefits.

2556

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

3.

Brief details mentioned in the counter statement are as follows:-

The II Party states that, I party has worked as Ex. UG. T No. 2541 in the II party Company. It is further

submitted that one Smt. Hanumawwa W/o Adappa is the owner of land Sy.No.57/B, Hutti Village and the II party

company has acquired the said land for the mining purpose during the year 1963. It is further submitted that the II party

company has agreed to provide employment in the II Party company to one of the family members of the land losers.

Further, it is submitted that while giving undertaking at the time of appointment to the I party, Sri.Raghavendrappa,

F/o I party stated in the agreement that he has got the ownership of the land in Sy. No. 57/B, where as the Smt.

Hanumawwa has got the actual ownership of the said land. Smt Hanumawwa and her husband Adappa have already

expired at the time of proposal to provide employment to I party and Smt. Hanumawwa has expired 50 years ago. It

shows that Sri. Raghavendrappa to gain unlawful employment to his son, mislead the company and produced all the

documents which are manipulated and fabricated. It is submitted that the II party received a complaint regarding the

said matter, during the year 2006 and as per the complaint received, the II party called Sri. Raghavendrappa and I party.

It is submitted that the I party has furnished the false information at the time of appointment of I Party and committed

misconduct under the company standing orders 19(7), 19(18) and 19(41) and for the said misconduct the show cause

notice dated 29.07.2006 has been issued. It is further submitted that Notice of Enquiry dated 23.08.2005 has been

issued to the workmen and Sri. N. Kariyappa and Sri. S. S. Bhavimani have been appointed as the Enquiry Officer and

Presenting Officer respectively. It is further submitted that the Enquiry Officer has permitted the I party to take the

assistance of a co-worker of his choice and the workmen has availed the assistance of one Sri Amara Gundappa.

Further, it is submitted that the Enquiry Officer found that the I Party is guilty of the misconduct alleged against him in

the memo of charges and gave his reports and findings that the management has proved its case. The II party, after

taking into consideration the findings submitted by the Enquiry Officer in the enquiry report, past record of I Party and

after considering the gravity of misconduct committed by the workman, dismissed the services of the workmen vide

dismissal order dated 24.05.2007. The II Party Company submits that as the dismissal of the workman is just, fair and

bonafide and there is not even an iota of material in the action of the second party Company to suggest that it is for

ulterior motive and/or for extraneous consideration and/or by way victimization. Further, it is submitted that while

giving the undertaking at the time of appointment F/o I Party stated in the agreement that he is the landowner of

Sy. No. 57/B, where as it belongs to Smt. Hanumawwa and he has also produced the fabricated family tree showing that

Raghavendrappa is the only son of Smt. Hanumawwa W/o. Adappa (Khatedar) and I party is the grandson of

Hanumawwa which is issued by the Village Accountant, Grama Panchayat, Hutti. The contention that the Manager

(HR) by misusing the official status and under the direction of official superiors has obtained the statements, are not

tenable in law. Further, it is submitted that the I Party has been directly issued with show cause notice without

mentioning of suspension pending enquiry, therefore the question of payment of subsistence allowance does not arise.

The contention that the I Party remained without employment and that he has no prospects of getting any job elsewhere

and that he has no other means of livelihood and that he is not gainfully employed are totally false and denied. Further,

the II Party submits that this Court may be pleased to reject the contentions and claims of the I Party with regard to

reinstatement in service with full back wages, continuity of service, seniority and promotion, increments and other

consequential benefits, in the interest of justice and equity.

4.

The pertinent point that arises for consideration in the present matter is:-

(i)

“Whether the action of management of Hutti Gold Mines Co. Ltd., in terminating the services of

Shri Sharana Kumar, Token No. 2541 w.e.f. 24.05.2007 is justified? And

(ii)

to what relief the workman is entitled?”

5.

Analysis, Discussion Findings with regard to the above mentioned points :-

In the Counter the II Party has admitted that, II party company has acquired land situated at Sy.No.57/B, Hutti

Village for mining purpose during the year 1963 and II party company has agreed to provide employment in the II Party

company to one of the family members of the land losers. Further, in Ex M-4, dated 24.07.2006, Show Cause Notice

issued by the II Party to I Party, it is clearly pointed out by the II Party that according to the family tree and also on the

basis of land ownership and other documents, the II Party has offered the said job to the I Party on 21.03.2004 in Token

No. 2541. However, in the said Show Cause Notice itself the II Party has pointed out that the information furnished in

the letter of agreement dated 22.04.2004 are false and the particulars in the certificate obtained from the Village

Accountant are all false. However, on a careful perusal of materials on record it is found that II Party has miserably

failed to establish the said allegations in an acceptable and convincing manner. Further, it is stated in the Show Cause

Notice that I Party has created false documents and obtained job and thus committed misconduct and it is a crime under

the criminal offence. However, for the said criminal offence alleged to have been committed by the I Party also, the

II Party has not lodged any criminal complaint before the Police and also, for not lodging the criminal complaint, also,

the II Party has not furnished any sufficient and convincing reasons. Further, in the explanation dated 01.08.2006, itself

the I Party has clearly stated that as per the letter of appointment dated 21.03.2004, he has worked with II Party without

violating the standing orders of the Company and also rendered service with dedication and commitment and out of

II

(ii)

2557

vengeance and in order to harass the I Party, someone has given the false information and creating problems. Even

after the receipt of the said explanation also the II Party has not conducted the proper enquiry as per the principles of

Natural Justice, so as to establish that I Party has committed the misconduct as per the standing orders of the II Party.

6.

Further, the Hon’ble Apex Court in a judgment reported in 2008 AIR SCW 3460 in the matter of MAVJIA C

LAKUM Vs CENTRAL BANK OF INDIA, on interpretation of Section 11-A of the

Act, has observed as under:—

“After all the Tribunal has to judge on the basis of the proved misbehaviour. In this case we have already

recorded that the Tribunal was firstly correct in holding that the misbehaviour was not wholly proved and

whatever misconduct was proved, did not deserve the extreme punishment of discharge……. The learned judge

seems to be of the opinion that if the enquiry is held to be fair and proper, then the Industrial Tribunal cannot go

into the question of evidence or the quantum of punishment. We are afraid that is not the correct law. Even if

the enquiry is found to be fair, that would be only a finding certifying that all possible opportunities were given

to the delinquent and the principles of natural justice and fair play were observed that does not mean that the

findings arrived at were essentially the correct findings. If the Industrial Tribunal comes to the conclusion that

the punishment given is shockingly disproportionate, the Industrial Tribunal would still be justified in re-

appreciating the evidence and/or interfering with the quantum of punishment. There can be no dispute that

power under section 11-A has to be exercised judiciously and the interference is possible only when the tribunal

is not satisfied with the findings and further concludes that punishment imposed by the Management is highly

disproportionate to the degree of guilt of the workman concerned……. The Tribunal was justified in

appreciating the fact that the charges were not only trivial and were not so serious as to entail the extreme

punishment…….Though the learned judge had discussed all the principles regarding the exercise of power

under Section 11-A of the Industrial Disputes Act as also the doctrine of proportionality and the Wednesbury’s

principles, we are afraid the learned judge has not applied all these principles properly to the present case.” In

the above case, the Hon’ble Apex Court has considered the scope of enquiry by the Industrial Tribunal, and the

finding of the Learned Single judge of the Hon’ble High Court as regards, the power of the Industrial tribunal in

case of enquiry held as fair and proper and the power of the Industrial tribunal to go into the question of the

evidence or the quantum of punishment. The Hon’ble Apex Court has held that the said law as pointed out by

the Hon’ble High Court is not a correct law. Even in case the enquiry is held to be fair and proper, the Tribunal

has to find out as to whether the findings arrived at by the Enquiry Officer are correct findings and supported by

evidence and also to find out as to whether the punishment is shockingly disproportionate. Accordingly in the

present case also, appropriate award has to be passed, based on the above mentioned facts and circumstances.

7.

Further, it is pertinent to point out that, at the time of joining and also providing employment to I Party, all the

concerned documents have been examined closely by the II Party and then only, II Party has appointed the I Party.

Further, the enquiry officer, in his report dated 10.01.2007, has mainly relied upon the statements given by the I Party

and his father. Further, the II Party appointed the Enquiry Officer Mr. Kariyappa N and the said statements have been

recorded by Lingappa, Grade 1 staff of the II Party Company. The said Lingappa has categorically stated that,

Sh. Kariyappa N, Enquiry Officer, and S.S. Bhavimani, presenting officer have also seated and present at the time of

recording the said statements. On that ground only it is clearly pointed out on behalf of I Party that the said 2

statements from the I Party and his father have been already obtained under duress in the presence of the Enquiry

Officer Sh. Kariyappa N, and S.S. Bhavimani, Presenting Officer and no independent documents and independent

witnesses have been examined to establish that Village Accountant has issued the false Family Tree certificate, and

I Party and his father have colluded to create false documents. Further, in the course of Enquiry before the Presenting

Officer, the I Party/Workman has stated that both I Party’s father and Hanumavva belong to ‘Kabberu’ Caste and

Sh. Raghavendrappa is considered as the adopted son by Smt. Hanumavva and after examining all the documents

thoroughly only the II Party appointed the I Party. Further, it is specifically pointed out by the I Party that II Party has

obtained the signature on the statements under pressure. Further, the said Lingappa, who has written the said

statements has admitted that on behalf of the I Party, no one has appeared or present, at the time of taking the statement.

Further, the I Party has clearly pointed out that he is the grandson of Hanumavva w/o Adappa who has got the

ownership of the land in Sy. No. 57/B acquired in the year 1963 by the II Party and the said Hanumavva adopted the

father of I Party Sh.Raghavendrappa as her son and the certificate obtained from the Village Accountant is genuine.

Further, the I Party has specifically pointed out that the witnesses have given evidence in favour of II Party as they are

working with II Party Company. Further, it is rightly pointed out on behalf of I Party that the II Party has to prove by

producing the independent evidence and documents and not by mainly relying upon the statements obtained under

duress.

8.

Further, on a careful scrutiny on entire evidence and materials available on record it is found that enquiry

findings are perverse and statements obtained from the I Party and his father have no evidentiary value and the Enquiry

Officer is not justified in mainly relying on the said statements. Further, I Party has clearly stated that he is the victim

2558

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

of arbitrary and capricious action of the Management and he is not gainfully employed and the I Party is dependent only

on the said job for his livelihood. Further, it is seen that there is no suppression of material facts or false information

submitted by the I Party at the time of obtaining job, as stated by the II Party. Further, as per Ex M-11, in the

explanation to the final Show Cause Notice, dated 28.02.2007, the I Party has clearly stated that the action of the II

Party management in conducting post facto verification or enquiry after denying employment in an illegal manner, is

totally opposed to the principles of natural justice and further, the II Party, acting on the anonymous letter, purportedly

written by the unknown person, is unacceptable and on the very same basis denying employment is thoroughly illegal

and untenable and the I Party would be put to great loss and injury as he is the sole bread winner of the larger family

comprising of aged parents and rest of the family members, and coupled with the fact that the party is not having any

alternative source of income. Further, in the counter, the II Party has stated that the Smt. Hanumavva has expired 50

years ago and Sh. Raghavendrappa in order to gain employment to his son, namely the I Party/Workman, has produced

the manipulated documents. However, to establish the said details the II Party has not produced any material records or

relevant evidence. It is pertinent to point out the II Party has failed to prove the alleged misconduct committed by the I

Party as per the principles of preponderance of probability. Further, in the reply to the show cause notice, explanation

to the final show cause notice, claim statement and evidence, the I Party has clearly stated that he has no other source of

income and he is without employment from the date of illegal termination of employment by the II Party.

9.

Further, in the Judgment relied on behalf of II Party and reported in (2013) 9 Supreme Court Cases 363, dated

29.07.2013, (Before Mr. Justice. DR B.S. CHAUHAN and Mr. Justice. S.A. BOBDE, JJ in the case of DEVENDRA

KUMAR

Vs

STATE

OF

UTTARANCHALAND

OTHERS,

it

is

observed

as

follows

only:-

“Fraud/Misrepresentation/Suppression of information sought by employer or furnishing false information while seeking

appointment. Suppression of such material information itself amounts to moral turpitude and is a separate and distinct

matter than what is involved in Criminal case.” And also, in the Judgment of Hon’ble High Court of Karnataka, dated

27.06.2000 (Before Hon’ble Mr. Justice. G.C. Bharuka and Ms. Justice. Manjula Chellur, in the case of Management of

V.I.S.L, Bhadravathi, Shimoga District Vs B. Veeranna Gowda Patil and others, it is held as follows only:- “Casual

Labourer obtained employment, on a fraudulent representation and by furnishing forged educational and academic

documents. Held, employment fraudulently secured is voidable and is liable to be recalled at the option of the

employer.” Further, in the case of Union of India and others Vs M. Bhaskaran, in the Civil Appeal No. 9637 of 1995,

reported in 1995 Supp (4) SCC 100, and also relied on behalf of II Party, it is held as follows, “Guilty of

misrepresentation and fraud, Procuring employment on the basis of bogus and forged documents. Employment secured

by fraud, held, renders it voidable at the option of the employer.” Further, the citations submitted on behalf of II Party

have been considered, with reference to the above mentioned prevailing factual and also legal position of the present

case and also with regard to the submission made by the II Party in the Counter Statement and it is found that the

submissions of the II Party do not fall within the ratio or principles, of the above mentioned judgments, submitted on

behalf of the II Party, in the light of the above mentioned special facts and peculiar circumstances of the present case

and also, particularly, due to the fact that the II Party has failed to establish that the I Party/Workman and his father

have produced manipulated and fabricated records, and the I Party, has committed the misconduct, as per the principles

of preponderance of probabilities and also, as per the principles pointed out in the above mentioned Hon’ble Supreme

Court judgment reported in 2008 AIR SCW 3460.

10.

Further, in the Judgment of Hon’ble Supreme Court of India, Before Mr. Justice D.A. Desai, Mr. Justice.

O. Chinnappa Reddy and Mr. Justice. A. Varadarajan JJ, Civil Appeal No. 2659 (NL) of 1980, dated 02.09.1983, in the

case of S.K. Verma. Vs Mahesh Chandra And Another, it is categorically held that, “Industrial Dispute Act is a

legislation intended to bring about peace and harmony between labour and management in an industry and for that

purpose, it makes provision for the investigation and settlement of industrial disputes. It is, therefore, necessary to

interpret the definitions of 'industry’ 'workman', 'industrial dispute'. etc. so as not to whittle down, but to advance the

object of the Act.” In the present case also, it is found that the Central Government has referred the present dispute in

CR 28/2010 in No.L-43011/1/2010-IR(M) dated 03.08.2010, for adjudication. On that ground also, it is found that this

Court has to adjudicate the present case to advance the object of the I.D. Act, 1947. Further, in the Judgment reported

in A. I. R. (3S) 1951 Calautta.-28.6..(C. N, 59,) in the case of Rupendra Deb Raikut Vs Ashrumati Debi and others, it is

particularly observed that, “‘Interest of Justice’ means promotion or advancement of the cause of justice. Applicant's

temperament, failings, interests and circumstances must be considered- Justice should not only be done but should

manifestly and undoubtedly seem to be done. After all, the procedure of the Court is to aid the administration of justice

and not hamper it. But where in the peculiar circumstances of a case, there is a conflict between the law of procedure

and the substantial rights of the parties, the Court or the Judge is justified in ignoring it and it is the duty of the Judge or

the Court to ignore the procedure.” Further, it is reported in Lloyds Bank Ltd Vs. Bundy, (1974) 3 All ER 757 that

Lord Denning first clearly enunciated his theory of "inequality of bargaining power". He began his discussion on this

part of the case by stating (at page 763): "There are cases in our books in which the courts will set aside a contract, or a

transfer of property, when the parties have not met on equal terms, when the one is so strong in bargaining power and

the other so weak that, as a matter of common fairness, it is not right that the strong should be allowed to push the weak

to the wall.” Further, in the Judgment reported in ILR 1998 KAR 18 BEFORE Mr. Justice R.P. SETHI, Mr. Justice CJ

II

(ii)

2559

AND Mr. Justice S.R. BANNURMATH, J in the case of The Management of the Mysore Coffee Processing co-

operative Society Ltd Vs Presiding Officer, it is particularly held that, “Where the Management discharges a workman

by an Order which is void for want of an Enquiry, the "Doctrine of Relation” back cannot be invoked and in that event

the workman would be entitled to the grant of Full back wages from the date of termination of his services till the date

of award of the Labour Court.” In the present case also, the II Party has not established that I Party has produced

manipulated and fabricated documents to gain employment in the II Party Company. For the above mentioned various

reasons and grounds, it is held that the I Party is entitled to get relief, as prayed and the points are answered in favour of

the I Party. Accordingly, the following award is passed:—

AWARD

The action of the Management of the Hutti Gold Mines Co. Ltd. is not justified in terminating the services

of Shri. Sharana Kumar, Token No. 2541, W.e.f 24.05.2007 and II Party is directed to reinstate the I

Party, with continuity of service and also, with payment of full back wages from the date of termination,

namely, 24.05.2007, and all other consequential benefits to I Party, and the present reference is answered

in favour of I party, without cost for the above mentioned peculiar facts and circumstances.

Dictated, transcribed, corrected and signed by me on 31th March, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party regarding victimization and not being gainfully employed

—

New Delhi, the 20th April, 2017

S.O. 1113.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 36/2014) of the Central Government Industrial Tribunal/Labour

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

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

Government on 13.04.2017.

[No. L-17012/46/2013-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

CHENNAI

Wednesday, the 5th April, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 36/2014

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947(14 of 1947), between the Management of Met Life India Insurance Co. Ltd. and Two

Others and their workman)

WW1 Sh. Sharana Kumar, I Party/ Workman

2560

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

BETWEEN :

Sri R.S. Belin

:

1st Party/Petitioner

AND

1.

The Manager

:

2nd Party/1st Respondent

M/s Met Life India Insurance Co. Ltd.

Zion J.R.S. Centre, 2nd Floor,

Trivandrum Main Road

Opp. MRF Tyres, Marthandam,

Kanyakumari-629165

2.

The Manager – IR

:

2nd Party/2nd Respondent

M/s Met Life India Insurance Co. Ltd.

Brigade Sesha Mahal, No. 5, Vani Vilas Road

Basavangudi, Bangalore-560004

3.

The Associate Director

:

2nd Party/3rd Respondent

M/s Met Life India Insurance Co. Ltd.

Orchid Centre, 5th Floor, DLF Golf Course Road

Sector-53, Gurgaon-122002

Appearance :

For the 1st Party/Petitioner

:

M/s S. Arunachalam, Advocates

For the 2nd Party/1st & 2nd Respondent :

M/s King Stubb & Kasiva, Advocates

For the 2nd Party/3rd Respondent

:

Set Ex-parte

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-17012/46/2013-IR (M) dated

31.03.2014 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

“Whether the action of the management of M/s Met Life India Insurance Co. Ltd. in terminating the services of

Sri R.S. Beilin w.e.f. 04.07.2012 is justified? If not, to what relief is the workman entitled to?”

2.

After receipt of the Industrial Dispute this Tribunal has numbered it as ID 36/2014 and issued notice to both

sides. The petitioner and Respondents 1 and 2 entered appearance and filed Claim and Counter Statement respectively.

The Third Respondent remained ex-parte.

3.

The averments in the claim statement filed by the petitioner in brief are these:

The petitioner has joined the service of the Respondent organization as Sales Manager on 03.11.2010. He was on

probation and was confirmed in this post after completion of the period of probation, on 12.10.2011. Though the

nomenclature of the petitioner is Sales Manager, he is a workman coming within the definition of Section-2(s) of the

Industrial Disputes Act. The job of the petitioner was only of a Salesman as target was fixed for him to canvass

insurance policies. The petitioner has no subordinates under his control. He has no power or authority to execute any

order or to take any decision. The petitioner was performing his duties to the best of his abilities. No proper

encouragement was coming from the Management to complete the monthly targets. Since the Management came to

know that the petitioner is an active member of the Employees Union he was charged with unnecessary allegations. The

petitioner was issued with a warning letter on 27.04.2012 stating that his performance was below the acceptable

standards. Though the petitioner sent explanation it was not accepted. The petitioner was terminated from service on

29.06.2012 by giving one month’s notice pay. The order of termination is illegal. The petitioner is entitled to be

reinstated in the service of the Respondent with full back wages, continuity of service and other attendant benefits.

4.

The Respondents have filed Counter Statement contending as below:

The Written Statement is being filed through the Authorized Signatory of Metlife India Insurance Co. Ltd.

There is no privity of contract between the petitioner and any employees arrayed as opposite parties. For this reason

itself the claim is not maintainable. The claim is outside the scope of the jurisdiction of this Tribunal as the petitioner is

not a workman coming under the definition of Section-2(s) of the Industrial Disputes Act. The petitioner was

performing work which was purely supervisory and managerial in nature. He was drawing salary of Rs. 2,40,000/- per

annum. He was appointed as Sales Manager-Agency Sales in E-1 Grade to promote the business of the Company. He

does not qualify as a workman as defined under the Industrial Disputes Act. For this reason itself the claim is liable to

II

(ii)

2561

be dismissed. The petitioner was engaged by the Respondent Company by appointment letter dated 04.11.2010 as Sales

Manager-Agency Sales in E-1 Grade at Marthandam branch of the Respondent. The various terms and conditions of

appointment set out in the appointment letter were accepted by the petitioner. The appointment letter is binding on the

petitioner. The appointment letter provides for termination of the employee for inefficiency and poor performance,

among other reasons. The petitioner has not done any business for more than 15 months as on 12.06.2012. There were

instances of the petitioner coming to the office, marking attendance and leaving immediately. There has been gross

negligence and serious omission on the part of the petitioner in performing the duties that were assigned to him. Though

he was given time and assistance to improve his performance he continued to be irresponsible and did not bring any

improvement in the performance. In fact several opportunities were given to the petitioner to improve himself. The

Respondents had also sent several warning letters to the petitioner on account of his poor performance. Because of the

poor performance of the petitioner and his negligent and indifferent behavior the Company has terminated him from

service w.e.f. 04.07.2012. This decision was communicated to the petitioner by letter dated 29.06.2012. The petitioner

is not entitled to any relief.

5.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to

Ext.W10 and Ext.M1 to Ext.M3.

6.

The points for consideration are:

(i)

Whether the action of the Management in terminating the service of the petitioner is justified?

(ii)

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

The Points

7.

The petitioner was appointed as Sales Manager-Agency Sales in E-1 Grade in November, 2010. Ext.W1 is the

appointment order by which he was appointed in the Office of the Respondent at Marthandam, a new branch. The

petitioner who was on probation after appointment was confirmed in the post on 12.10.2011. The Management of

Metlife Insurance Co. Ltd. terminated him from service by termination letter dated 29.06.2012. According to the

petitioner he was terminated from service without any valid reason. In their Counter Statement, the Respondents have

taken the stand that the petitioner had failed to achieve the performance goals for more than 15 months and it was on

account of this he has been terminated from service. The petitioner has insisted that the Respondents did not resort to

any enquiry before his termination, that he was not given proper assistance for continued performance and that his

termination was in violation of the provisions of the Industrial Disputes Act.

8.

The petitioner has given evidence as WW1. In the Proof Affidavit filed by him he has reiterated the case in his

Claim Statement. He has stated in his affidavit that he was confirmed in his job taking into account his performance. He

has further stated that he being an active member of the employees union was not to the liking of the First Respondent

and he was being humiliated on account of this reason.

9.

MW1, examined on behalf of the Management is its Attorney and has filed Proof Affidavit as ascertained from

the records. It is stated in the affidavit that the appointment letter which was accepted by the petitioner constitutes a

binding contract between the petitioner and the Insurance Company and that the termination of the petitioner was on the

basis of the terms of the appointment letter. MW1 has reiterated in the Proof Affidavit that the petitioner has not been

doing any business for about 15 months and that he was in the habit of coming to the office, marking his attendance and

leaving immediately. It is also stated in the affidavit that there has been gross negligence and serious omissions on the

part of the petitioner in performing the duties that were assigned to him. Warning letters were sent to the petitioner on

three occasions because of his poor performance, it is stated. According to MW1, in spite of opportunities having been

given and the warning letter given to him the petitioner has failed to improve his performance and it is accordingly the

petitioner was terminated from service.

10.

Ext.M2 constitutes the copies of e-mail communications prior to the termination of the petitioner from service.

There are also Ext.W4 to Ext.W6, the complaint given by the petitioner to the Head of Human Resources, the reply

from the Head of the Human Resources, the performance review letter by the Respondent and the second warning letter

on performance. Ext.M2 contains a letter to the petitioner on 29.03.2012 in which it is stated that there are instances

where the petitioner has been coming to the office only to mark attendance and has been leaving immediately. He is

asked to submit explanation by the letter. There is another letter dated 27.04.2012 described as warning letter for poor

performance stating that the performance of the petitioner for the period from January to March 2012 was below the

acceptable standards. There is still another letter dated 20.06.2012 described as second warning letter to the effect that

the non-performance of the petitioner disclosed gross negligence and serious omissions on his part in performing the

duties. After five days, on 25.05.2012 there is another letter stating that the Management is constrained to review the

continuation of his employment. After four days, on 29.05.2012 the petitioner was terminated from service by Ext.M3

order. Ext.M2 contains other internal communications among the superior officers of the petitioner prior to his

termination. The one dated 21.03.2012 states that all the mails about the petitioner are about his non-performance but as

2562

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

action will be initiated not on the basis of non-performance, a clarification letter on the lines of insubordination is to be

issued to the petitioner. However, the subsequent communications are all based on non-performance.

11.

The details of the performance of the petitioner included in Ext.M2 perhaps show some variation in the

performance level. However, it is not the case of the petitioner that the continuous engagement of the petitioner should

be based on the achievement obtained by him in gathering business. The case that is put forth by the Respondent is that

he is a Supervisory Officer who has control over other subordinates also.

12.

What is the duty of the petitioner? MW1 has stated during cross-examination that the nature of duty of the

petitioner is to recruit Financial Advisors and his position is that of a Salesman. The Financial Advisors recruited by

him are to contribute to the business of the Company so the performance level of the petitioner should depend upon the

work done by the Financial Advisors. The warning letters issued by the Respondents merely states that the performance

level of the petitioner has been very low. The Respondents did not resort to an enquiry leading to the circumstance of

the low performance, if any. Again the two warning letters issued were one after the other in quick succession without

giving the petitioner enough opportunity to improve on his low performance, if any. Within a few days of the second

warning letter termination letter was issued to the petitioner. It has been admitted by MW1 during his cross-

examination that it was on the basis of satisfactory performance of the petitioner he has been confirmed in service after

completion of the period of probation. So it was not fair on the part of the Respondents in acting in a hectic manner.

13.

However, the petitioner is not entitled to any relief in the dispute on the ground of maintainability. The petitioner

has stated in his Claim Petition that he comes under the definition of workman under Section-2(s) of the Industrial

Disputes Act. On the other hand, the Respondents have contended that his work is supervisory in nature and he is not a

workman and this Tribunal has no jurisdiction to deal with the matter. The counsel for the petitioner has referred to the

decision of the Apex Court in D.P. MAHESHWARI VS. DELHI ADMINISTRATION AND OTHERS reported in

1983 4 SCC 493 and also the decision in ARKAL GOVINDRAJ RAO VS. CEIBA GEIGY OF INDIA LTD.,

MUMBAI reported in 1985 2 LLJ 401 where it has been held that in deciding whether a person is a workman or not the

focus has to be on the nature of the duties performed and not on the nomenclatures given to the job. The petitioner has

stated in his Proof Affidavit that the post of Salesman does not involve any supervision or managerial duty. The

admission on the part of MW1 that the petitioner has no subordinates on the payroll of the Respondents also has been

pointed out on behalf of the petitioner.

14.

The claim put forth by the petitioner that he is a workman is to be rejected in view of the dictum laid down by

the Apex Court in the decision in CHAUHARYA TRIPATHI AND OTHERS VS. LIFE INSURANCE

CORPORATION OF INDIA AND OTHERS reported in 2015 7 SCC 263. Earlier the decision in H.R.

ADYANTHAYA AND OTHERS VS. SANDOZ (INDIA) LTD AND OTHERS reported in 1994 5 SCC 737, the Apex

Court has held that medical representatives do not come under the definition of workman under the Industrial Disputes

Act. Relying upon this decision the Apex Court has held in Chauharya case referred to earlier that Development

Officers working in LIC are not workman under Section-2(s) of the Act and therefore the claim of the Development

Officers is not maintainable before the Industrial Forum.

15.

In an earlier decision (S.K. VERMA VS. MAHESH CHANDRA reported in 2008 11 SCC 319) the duties of the

Development Officers has been elaborated. It has been pointed out that the principle duty of a Development Officer is

to organize and develop the business of the Corporation in the area allotted to him and for that purpose to recruit active

and reliable agents, to train them to canvass new business and to render post sales services to policy holders. The post

of Sales Manager in Metlife India Insurance Company Ltd., the Respondent Company is the same as that of the

Development Officer of LIC, as could be seen from the evidence. The persons known as Financial Advisors in the

Respondent Company are in the same position as the Agents of LIC. The main nature of the duty of the petitioner who

is known as Sales Manager is to recruit Financial Advisors. So the dictum laid down by the Apex Court in the decision

in Chauharya case referred to earlier applies to the present case also. Just like a Development Officer in the LIC, the

Sales Manager in the Respondent establishment also could not be treated as workman. This being the case this Tribunal

has no jurisdiction to go into the dispute. The reference is to be answered against the petitioner for this reason.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 5th April, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri R.S. Belin

For the 2nd Party/1st, 2nd & 3rd Respondents

:

MW1, Mrs. Sumathi Arvind

Documents Marked :

II

(ii)

2563

On the petitioner’s side

Ex.No.

Date

Description

Ex.W1

01.11.2010

Offer letter appointing petitioner

Ex.W2

04.11.2010

Appointment order

Ex.W3

07.03.2012

Complaint of petitioner through e-mail to the Head-Human Resources

Ex.W4

07.03.2012

Letter of Head HR through e-mail

Ex.W5

27.04.2012

Performance review letter

Ex.W6

25.06.2012

Second warning letter on performance

Ex.W7

29.06.2012

Termination letter

Ex.W8

17.07.2012

Representation of the petitioner

Ex.W9

8/2012

Petition before the Assistant Labour Commissioner (Conciliation), Madurai

Ex.W10

-

Pay slip of the petitioner for December, 2011.

On the Management’s side

Ex.No.

Date

Description

Ext.M1

04.11.2010

Appointment letter with connected forms

Ext.M2

-

E-mail copy

Ext.M3

-

Termination Order.

—

New Delhi, the 20th April, 2017

S.O. 1114.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 50/2011) 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 their workman, which was received by the Central Government on

13.04.2017.

[No. L-11011/14/2001-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. 50/2011

Airport Authority Employees Union,

T-3/ 2,3,4 INA Colony,

New Delhi – 110 023

…Workman

Versus

2564

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Airport Authority of India, IGI Airport,

The Director-in-charge,

New Delhi – 110 037

…Management

AWARD

On receipt of reference under clause (d) of sub-section (1) and sub-section 2A of Section 10 of the Industrial

Disputes Act, 1947 (in short the Act) vide letter No.L-11011/14/2001-IR(M) dated 15.04.2002, this Tribunal is now

required to adjudicate an industrial dispute with the following terms of reference:

Whether the action of the management of Airport Authority of India in not regularizing the services of

S/Smt. Santosh R Rajammal, Mariamma, Kangam and S/Shri Rajinder Kumar and Ranjeet Kumar, ex-contract

labour and now daily wager/casual worker is just, fair and legal? If not, what relief these workmen are entitled

to and from what date?

2.

It is clear from the averments made in the amended statement of claim that the claimants herein were working as

sweeper with the management of International Airport Authority at Terminal No. II of IGI Airport and were working at

the headquarter building of International Airport Authority through various contractors engaged by the management in

connection with the work of sweeping and cleaning of the said building for several years. Details of the claimants are

as under:

Sl.

No.

Name

Year of

Appointment

I Card/ Permit

No.

1

Mariammal

1986

7033

2

R. Rajammal

4986

6958

3

Kangam

1991

A001621

4

Rajnit Kumar alias Ranjit Singh

1993

8209

5

Rajinder Kumar alias Rajinder Singh

1996

6953

6

Santosh

1988

A001639

3.

It is further averred that the claimants have worked directly with the management at various points of time and

details of each of the workmen regarding their engagement with the management at different places is given in Para

1(a) of the statement of claim. Though the claimants were employed on daily wage basis, but they have put in long

tenure of service and their services have not been regularized by the management whereas they were performing work

of permanent nature. In view of this, union of the claimant filed a writ petition directly before the Bombay High Court

titled ‘India International Airport employees union vs. International Airport Authority of India’ and sought relief for

abolition of contact labour in the establishment of the management. The said writ petition was allowed by the Hon’ble

High Court of Bombay vide judgement dated 30.04.1995. Thereafter, management filed appeal before the Hon’ble

Apex Court where judgement of the High Court was upheld and appeal filed by the management was dismissed in case

reported as AIR (1997) SC 645.

4.

It is further alleged by the claimants that they had furnished details of their employment in an affidavit for the

purpose of regularization, containing necessary particulars. The claimants were also subjected to medical examination

and formalities were completed. Despite fulfilling of the requisite conditions, claimants were not allowed to perform

their duties with effect from 15.12.1998 onwards. No letter of termination was issued by the management to the

claimants nor any opportunity of hearing was given before dispensing with their services. No salary in lieu of notice or

retrenchment compensation was paid. It is, further, urged that a large number of workmen junior to the claimants herein

were retained, whose names are given in Para 4 of the statement of claim. Claimant has alleged that refusal of duty on

15.12.1998 is illegal, unlawful termination of the claimants. This action is extremely arbitrary and unjust. They have

been deprived of their right of livelihood.

5.

In their pleadings, claimants have also made reference of the civil suit earlier filed by them before the Civil

Court, which was decided vide judgement dated 21.12.1998 and in the said suit interim injunction was granted by the

court/ However, services of the claimants, as stated above, were terminated on 16.12.1998. Eventually, the Civil Court

has held that it cannot exercise jurisdiction on the matter, as such claimants filed the present case.

6.

Claim was resisted by the management who filed detailed reply taking preliminary objections, inter alia that

there was no relationship of employer and employee between the claimant and the management, as such, claim of the

claimant is not maintainable. Moreover, case of the claimant is liable to be dismissed in view of the judgement of the

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Hon’ble Apex Court in Steel Authority of India Vs. National Union Water Front Workers (2001) 7 SCC 1. On merits,

management has denied most of the material averments. It is denied that the claimants were on their rolls since

06.12.1996, which was cut off date for regularization of contract workmen, as per judgement dated 06.12.1996 of the

Hon’ble Apex Court in Air India Case. In fact, management has been awarding contracts to various contractors from

time to time and claimants were engaged directly by the said contractors, as such they were never in direct employment

with the management. After judgement dated 06.12.1996 of the Hon’ble Apex Court, thousands of applications were

received for seeking regular services with the management. A committee of Officers was constituted to scrutinize the

said applications and Medical Board was also constituted. It was finally found that several bogus application with

tampered photocopies, forged signatures etc. were filed so as to seek absorption and regularization in service of the

management. Claimant, Ms. R. Rajammal was not found on the rolls of contractor for the month of December 1996 as

no payment was made to her as per pay roll for the month of December 96. She was also not identified by the house

keeping supervisory committee. Similarly, Ms. Mariamma has claimed that she was working with ex-contractor M/s.

Aroon Enterprises with effect from 01.11.1996 whereas as per record, her first duty in November appeared only on

23.11.1996 and she was not identified by the house keeping committee. Her name has been inserted fraudulently by

the ex-contractor to extend her benefit of regularization. Smt. Kangam was working with M/s. Prime Enterprises since

October 1996. However, on verification, her name was not found in the pay rolls. Claimant Santosh was allegedly

working with Aroon Enterprises. Signature in the affidavit were made by this claimant in English whereas while

appearing before Committee officer on 22.10.1997 he signed in Hindi. Similarly, Shri Ranjit Kumar’s signatures were

also not found to be genuine. Shri Rajinder Kumar in his affidavit has mentioned his name as Rajinder Kumar whereas

in school record, his name was recorded as Rajinder Singh. Management has denied the other averments contained in

the subsequent paras of the statement of claim and further alleged that Hon’ble Supreme Court in SAIL case supra

overruled the judgement dated 06.12.1996 in Air India case. Management has taken care of all the workmen who were

employed on 06.12.1996 and the claim filed by the claimant herein is alleged to be false and baseless.

7.

No rejoinder was filed by the claimant nor any issue was separately framed by my learned predecessor as is

evident from the record.

8.

Claimants in order to support their case examined Ms. S. Rajammal, Ms. Kangam, Mariamma, Shri Rajinder

Singh and Shri Ranjit Kumar as WW1 to WW5 whose affidavits are Ex.WW1/A to Ex.WW5/A respectively.

9.

Management, in order to rebut the case of the claimants, examined Shri Girish Kumar as MW1, whose affidavit

is Ex.MW1/A.

10.

I have heard Shri H.S. Sasan, A/R for the claimant and Shri Feroz Ahmed, A/R for the management.

11.

First and foremost contention on behalf of the claimants is that they were in the employment of the management

through different contractors but they were working directly under supervision and control of the management. It was

strongly urged on behalf of the claimant that the management has not adduced any cogent or reliable evidence on

record to suggest that it was the contractor who was looking after and issuing directions to them to perform duties in the

premises of the management. Learned A/R for the claimant urged that the management has not taken care even to

examine a single contractor so as to prove any of the contracts which were entered into between the management and

the said contractor. Reliance was placed upon the judgement rendered by the Hon’ble Supreme Court in Air India

Statutory Canteen Corporation Vs. United Labour Union (1997) 9 SCC 377 wherein directions was given for

absorption of the claimants who were on job on 06.12.1990. Lastly, it was held that the management has refused the

claimants to perform duty on 15.12.1998 without serving any show cause notice or payment of one month’s notice, as

such, action of the management is held to be highly arbitrary and illegal.

12.

Per contra, Shri Feroz Ahmed, appearing on behalf of the management urged that there is no direct relationship

of employer and employee between the management and the claimants who were, in fact, engaged previously through

different contractors and they were not in fact in the employment of any contractor on the relevant date i.e. 06.12.1996

when judgement in Airport Authority of India case (supra) was rendered by the Hon’ble Apex Court. As a consequence

of the above judgement, a Committee was constituted by the managements, wherein thousands of applications were

filed, even by fake workmen so as to get benefit of the above judgement. Learned A/R for the management took pains

to take the court through the judgement in SAIL case (supra) wherein ratio of the Air India authority was partly

overruled and it was held that there cannot be automatic absorption of the workmen who were engaged through

contractors. Learned A/R for the management also urged that the claimants should have examined the various

contractors who were exercising effective control over the working of the claimant on the spot. Therefore, there is no

direct relationship of employer and employee between the management and the claimants.

13.

Before I proceed to consider the comparative merits of the case, it is necessary to bear in mind ratio of the case

in SAIL case (supra). In the above case, a Constitution Bench of the Hon’ble Apex Court directly considered the ambit

and scope of the expression ‘appropriate Government’ as used in Section 2(s) of the Act as well as section 2-1(a) of the

Contract Labour (Regulation and Abolition) Act, 1970. Ratio of the case in Air India Statutory Corporation vs. United

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[PART II—SEC. 3(ii)]

Labour Union (1997) 9 SCC 377 was also reconsidered in the above case. In Para 103 Hon’ble Apex Court has dealt

with the question of direct and automatic absorption of contract labour, which was earlier considered by the Hon’ble

Apex Court in Air India case (supra) In the said case, Hon’ble Apex Court has held that there is no express provision in

the CLRA Act for absorption of contract labour when an engagement of contract labour stood prohibited on the date of

notification under Section 10(1) of the Act and from that moment, principal employer cannot continue contract labour.

Resultantly, direct relationship gets established between the workman and the principle employer. It was also observed

that CLRA did not intend to denude contract labour of their source of livelihood and means of development by

throwing them out of employment after issuance of prohibition notification under Section 10 of the CLRA Act. There is

also clear-cut observations that court is a watchdog of the rights of such downtrodden workmen. Workmen who are

engaged in violation of CLRA Act or such workmen/contract labour continue despite prohibition notification issued

under Section 10(1) of the Act, in that eventuality, relief of absorption in the employment of the principal employer is

to be given. However, in SAIL case (supra) findings rendered in the earlier judgement in Airport case were

prospectively overruled and it was held that with the evolution of contractor labour system or issuance of notification

under section 10(1) of CLRA Act, there is no automatic absorption of such employees with the main employer and they

would not become employees of the management. However, it was clarified in the subsequent para that all these

legislations are beneficial legislations and need to be construed liberally in favour of the workmen for whose benefit

these Acts are enacted. It was further held that on consideration of the various provisions of the CLRA Act as well as

other relevant laws, it is difficult to accept the contention that Parliament intended to absorb contract labour on issuance

of prohibition notification under Section 10 of the CLRA Act. However, ratio of the above case is explicit that as an

when a post falls vacant, management is required to consider the case of each workman for the purpose of absorbing

them so as to make them regular employees of the establishment. In Para 107 of the above judgement in SAIL case

supra, it was held as under:

107. An analysis of the cases, discussed above, shows that they fall in three classes: (i) where contract labour

is engaged in or in connection with the work of an establishment and employment of contract labour is

prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the

appropriate Government issued notification under Section 10(1) of the CLRA Act, no automatic absorption of

the contract labour working in the establishment was ordered; (ii) where the contract was found to be a sham

and nominal, rather a camouflage, in which case the contract labour working in the establishment of the

principal employer were held, in fact and in reality, the employees of the principal employer himself. Indeed,

such cases do not relate to abolition of contract labour but present instances wherein the Court pierced the veil

and declared the correct position as a fact at the stage after employment of contract labour stood prohibited;

(iii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal

employer availed the services of a contractor the courts have held that the contract labour would indeed be the

employees of the principal employer.

14.

It is not out of place to mention here that in SAIL case (supra), the Hon’ble Apex Court approved ratio of

judgement in Hussainbhai, Calicut Vs. The Alath Factory Thezhilali Union, Kozhikode & Othrs (1978 (4) SCC 257).

Supreme Court in the said case also considered the vital question of status of the workmen who have been employed

through contractor by the principal employer. Issue in the said case was hiring of workmen through contractor by

industry manufacturing ropes. Supreme Court pointed out that work done by the contract labour was integral part of the

industry concerned and the workmen were broadly under the control of the management. Payment of wages was being

made through the contractor as is the position in the present case. In order to ascertain the real nature of the contract,

the Hon’ble Apex Court observed that where a worker or a group of workers labour to produce goods or services and

these goods or services are for the business of another, that other is in fact the employer. He has economic control

over the workers’ subsistence, skill, and continued employment. If he, for any reason, chokes off the worker is,

virtually, laid off. The presence of intermediate contractors with whom alone the workers have immediate or direct

relationship ex-contractu is of no consequence when, on lifting the veil or looking at the conspectus of factors

governing employment, Courts discern the naked truth, though draped in different perfect paper arrangement, that the

real employer is the management, not the immediate contractor.

15.

Yet in another case, Sankar Mukherjee & Others Vs. Union of India & Others (1990 (Supp.) SCC 668), The

Hon’ble Apex Court considered the notification under Section 10(1) of the Contract Labour (Regulation & Prohibition)

Act, 1970. The said notification by the Government of West Bengal dealt with prohibiting the employment of contract

labour in 16 departments covering 65 jobs in the establishments of M/s. Indian Iron and Steel Co. Ltd. The list of the

departments and the jobs are annexed in the schedule to the notification. One of the Departments related to Brick

Department excluding the job of loading and un-loading of bricks from wagons and trucks. On a challenge made by

the affected workers that they had been subjected to hostile discrimination so much so that the workmen doing the same

job in other departments and allied jobs in the same department have been rescued from the system of contract labour,

the Supreme Court pointed out that bricks handled by the brick department were used in furnaces of the company as

refractory and incidental to the industry carried on by the company. The petitioners herein were employed as contract

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2567

labour by the company for the last 15 to 20 years. The Supreme Court further pointed out that even though the

petitioners were not doing the job of stacking the bricks, there was no denial nor any averment or material on the record

to show that the job of loading and unloading of bricks was not incidental or alike to the stacking of the bricks. On the

other hand, they are one continuous process. That being so, the workers performing these jobs which are of perennial

nature, are to be treated alike. The Supreme Court pointed out that the workers doing the job of loading and unloading

from the wagons and trucks in the Brick Department are to be treated on par with those who are doing the job of

cleaning and stacking in the said Department. The Supreme Court further pointed out that there was no reason as to

why others doing the same job should be treated differently.

16.

During the course of arguments, great emphasis was placed by the learned counsel for the workmen on the fact

that when the nature of job done by the workmen herein is regular and perennial in nature and workers are doing same

work which was being done by regular workmen, who were admittedly drawing salary double the amount of the salary

of the workmen herein, in such a situation, so called contracts with the contractors in the face of prohibition notification

under Section 10 cannot be termed to be legally valid. Such agreements are against public policy and any agreement

against public policy is liable to be termed as a void agreement. Consequently, such a contract itself becomes void,

sham, nominal and bogus in the eyes of law, such contracts are bogus and sham in law. Since majority of the workmen

are doing the work of skilled or semi-skilled in nature, which is an integral part of the activity of the department, as

such there was no question of engaging contract labour after issuance of notification under Section 10 of the CLRA

Act.

17.

In this regard, reliance was placed by the workmen on the case of Catering Cleaners of Southern Railway vs.

Union of India and another (1987 (1) SCC 700). This decision relates to a case of contract labour engaged for cleaning

catering establishments and pantry cars in Southern Railway. The Supreme Court pointed out that although the contract

system has been abolished in almost all the other Railways, the Southern Railway persists in employing contract labour

for cleaning its catering establishments and pantry cars to serve public better. In considering the claim of the contract

labour, Hon’ble Supreme Court pointed out that the work of cleaning catering establishments and pantry cars is

necessary and incidental to the industry or the business of the Southern Railway; the employment is of perennial nature

and that the work required employment of sufficient number of whole-time workmen. Thus, these factors satisfy the

provisions under Section 10(2) of the CLRA Act. Considering such facts, instead of issuing a Mandamus, the Supreme

Court directed the Central Government to take appropriate action under Section 10 of CLRA Act in the matter of

prohibiting employment of contract labour in the work of cleaning catering establishments and pantry cars in Southern

Railway. The Supreme Court further directed that these workmen, who were previously employed by the contractor on

the same wages and conditions of work as are applicable to those engaged in similar work in Western Railway, be

absorbed without waiting for the decision of the Central Government.

18. Question of contract labour was also considered by the Hon’ble Apex Court in the case of Suresh vs Haryana

State Electricity Board (1999 LLJ 1086). It was also a case where question of right of equality, i.e. equal pay for equal

work as well as question of contract labour was considered. In the said case also, Haryana State Electricity

Board awarded contract for keeping plants and service station clean and hygienic conditions to a private

contractor. There was a stipulation in the contractor to employ minimum number of workmen. Workmen had put in

more than 240 days in a calendar year and worked for several years. Labour Court ordered their reinstatement with

continuity of services when contractor had terminated their services. Hon’ble High Court also held that there existed

relationship of employer and employee between the Electricity Board and the workmen and upheld the award of the

Labour Court. Hon’ble Apex Court also upheld the judgement of the High Court and observed that maintenance work

in the plant is not seasonal in nature and overall control of contract labour, including administrative control rested with

the Electricity Board. Neither the contractor was licenced nor Electricity Board was registered as principal

employer. Therefore, so called contract system was merely a camouflage, bogus and a smoke screen. In the case in

hand also, as observed above, admittedly there is no evidence on record to show that the management was duly

registered nor there is any evidence worth the name that the so called contractor was duly licenced under the law. Work

in the case in hand is also not of seasonal nature and most of the workmen are doing this work regularly for the last

several years. Same cannot be termed to be seasonal or temporary work.

19.

Now coming to the factual matrix of the present case, this Tribunal is required to apply the ratio of the rulings

discussed above on the touchstone of legal principles delineated in the above authorities. Case of the claimants herein is

that they have been working from the year 1986 to 89 till their termination with effect from 15.12.1998. During the

course of arguments, it was not denied that work of sweeping and cleaning is of perennial or permanent nature and the

same was given by the management on paper to different contactors. It is not out of place to mention here that under

Section 7 of the CLRA Act, every principal employer is required to get registered its establishment in accordance with

the procedure contained in the said Act. There is a prescribed format for this and principal employer of the

establishment is finally to be issued certificate of registration containing necessary formalities. Finally, contravention of

Section 7 is also an offence under the law. Section 10 deals with the prohibition of employment of contract labor and

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[PART II—SEC. 3(ii)]

under Section 12, it is clearly provided that no contractor shall undertake or execute any work through contract labour

without obtaining necessary licence issued by the Licence Officer in this behalf. Licence, in fact, contains necessary

conditions, including working hours, nature of work, place of work etc. and the appropriate Government also imposes

other conditions upon the contractor for the welfare of the workman. It is necessary condition for obtaining certificate

of registration under Section 7 of the CLRA Act and licence by the contractor are mandatory before award of any work

to the contractor. Licence issued to the contractor is prima facie proof that the contractors can engage contract labour

for the purpose mentioned in the said contract. In the case in hand, unfortunately no pain has been taken by the

management to specifically mention name of the contractor engaged by the management, year-wise, so as to perform

the work of sweeping and cleaning etc. Examination of the contractor was even otherwise necessary so as to ascertain

as to who was exercising supervisory or effective control over the performance of work by the workmen who were

admittedly working in the premises of the management. Affidavits Ex.WW1/A to Ex.WW5/A filed by the claimants

show that averments contained in the affidavit are in consonance with the stand taken in the statement of claim. They

have deposed in their cross examination that they were never asked to submit any documents for registration However,

their medical examination was got done and workmen were told that she would receive letter of regularization from the

management. Ms. Rajammal deposed that her last drawn wages was Rs. 3700.00 per month. She has admitted that no

letter of appointment was issued to her at the time of her initial appointment. However, she has clearly denied that she

was not an employee of the management. She has also made reference to her pass Ex.WW1/1 and Ex.WW1/2. Bare

perusal of WW1 would show that she was issued pass by government of India, Bureau of Civil Aviation Security and

was valid from April 1998 to 19.08.1998 and Head of Organization is shown as International Airport which shows that

she was working in the premises of the management. There is also mention of specific area. Similarly in Ex.WW1/2

there is mention of period 13.10.1996 to 16.10.1995. Ex.WW1/1 shows that even during the year 1996, Ms. Rajammal

was in the employment and was doing work for the management. Ex.WW1/3, pass of Rajammal shows that she was

doing the work of sweeping International Airport Terminal No.II and the same has been issued by the Deputy

Commissioner of IGIA authority. Similarly perusal of Ex.WW1/4 shows that case of the workman was espoused

through their union and matter was discussed at length. Even Ms. Kangam WW2 was in the employment since 1989

and she was kept on the job by contractor Rathore and worked under him for 3-4 years and she has not specifically

mentioned as to when she directly came in employment of the management. However, she has clarified that she

worked for about 2 years from 14.12.1998. She has further clarified that the management has engaged her through

contractor and that she was not paid any salary nor issued any notice at the time of her termination. Smt. Kangam has

proved her affidavit as Ex.WW2/A and stated that she was engaged through contractor since 1989 and she was working

with the management in the year 1996 and her services were not regularized. Her pass is Ex.WW2/2. Smt. Mariammal

has been examined as WW3 and her affidavits are Ex.WW3/A and Ex.WW3/B. She has tried to support the averments

contained in her affidavit. She has worked with the contractor till 14.12.1996. She has denied material suggestion that

she was not identified by the supervisor of the committee. Her pass is Ex.WW3/1. Similarly, Shri Rajender Singh was

examined as WW4 and his additional affidavit is Ex.WW4/B. He clarified that his name in school leaving certificate is

mentioned as Rajinder Singh. Perusal of School leaving certificate Ex.WW4/1 shows that his name is mentioned as

Rajinder Singh, S/o Shri Mewa Lal. Thus, it does not lie in the mouth of the management to say that Shri Rajinder

Kumar is different person from Rajinder Singh. It is matter of common knowledge that semi literate persons sometimes

do not get their name registered as per their matriculation certificate but get their name registered with the name as they

are commonly called. Shri Ranjit Singh is WW5. He has clearly deposed that he was in the employment of the

management since 02.02.1995 and in compliance of the order of the Hon’ble Apex Court, he was taken care of by the

management and he was an employee of the contractor at that time. He has also made reference to the Scrutiny

committee His middle class certificate Ex.WW5/2 mentions his name as Shri Ranjit. Hence, there is no merit in the

contention of the management that the claimants herein were not in fact doing any job at IGIS or were not in the

employment prior to 1996 when judgement in Airport Authority of India case (supra ) was rendered by the Hon’ble

Apex Court.

20.

Statement of Shri Girish Kumar is almost on similar lines as has been taken in the statement of defence. His

affidavit is Ex.MW1/A. In his cross examination, he has clarified that the words ‘taken under care’ in his affidavit

means that the workmen were taken under care through contractor. He has made reference to the lumpsum honorarium

through contractor. He has denied that after the judgement of the Hon’ble Apex Court on 06.12.1996, management

removed the contractor from the scene. He has denied the suggestion that the claimants remained directly in their

service on 14.12.1996. In his subsequent cross examination, he has clarified that the claimants were employees of some

company and not of the management and prior to 01.02.1997 there were contract workers. He was specifically posed

with the question by this court regarding production of the contract agreement entered into between the management

and the contractor. He has clarified in his subsequent cross examination dated 10.04.2013 that contract agreement

between the management and the contractor is not traceable and hence the same could not be produced. He was not in

a position to say as to how many contract were awarded from time to time as contractors used to be changed from time

to time. He was not even able to tell whether contractors used to supply list of the workers working with the said

contractors. He has also given strange reply that the management was not obliged to ask the contractor as to who were

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their employees on 06.12.1996, as such no record was obtained from him. In this regard, it is appropriate to refer to the

provisions of Chapter VI of Contract Labour Regulation and Abolition (Central ) Rules 1971 which deals with the

payment of wages to the workers and precaution to be taken both by the contractor as well as by the management. Rule

7 specifically provides that wage shall be paid to the workmen without deduction of any kind, except those specified

by the Central Government in its special order. Rule 77 requires that the principal employer shall ensure presence of

their authorized representative on the at the time of disbursal of wage by the contractor to the workmen and it shall be

the duty of the contractor to ensure disbursement of wages in the presence of such authorized representative. The

authorized representative, as per rule 77 is also required to append his signatures on the said certificate. . Principal

employer is also obliged to maintain register in respect of each establishment and contractor is also required to maintain

register in respect of the workmen employed in such establishment. Copy of the list of workers so employed is also

required to be submitted to the principal employer by the contractor and after payment of wages, copy thereof is

required to be submitted to the principal employer so as to ensure payment of wages in accordance with law. In the case

in hand, as is evident from the cross-examination of Shri Girish Kumar, nothing of this sort has been done and same has

dealt a crippling blow to the welfare provisions contained in the CLRA rules made there-under. Moreover, non-

examination of the contractor as well as non-production of various contract agreements also shows that the management

has intentionally concealed something from this court so as to harm the case of the claimants. This Tribunal has to draw

adverse inference against the management for non-production of these material documents as proof of the same is

required under the law. It is further clear that the so called contractors who have been mentioned in the evidence by the

management in the pleadings as well as evidence were simply name lenders as they were not having any kind of

supervisory or administrative control over the workmen who were admittedly rendering services in the premises of the

management.

21.

During the course of arguments learned A/R for the claimant fairly conceded that Shri Rajinder Kumar alias

Rajinder Singh has since expired during pendency of reference and he did not take appropriate steps for bringing on

record legal heirs of the deceased claimant as nobody turned up on his behalf to pursue the matter. Though Shri

Santosh filed affidavit, but he did not turn up thereafter so as to support the averments contained in his affidavit. As

such, no relief can be granted to both these claimants.

22.

So far as claimants Ms.Mariammal, Ms.Rajammal, Ms.Kangam and Shri Ranjit Kumar is concerned, as

discussed above, they have appeared before this Tribunal for supporting the averments made in the statement of claim.

Termination of these claimants from services is apparently in violation of Section 25 F of the Act, which requires that

one months notice or pay in lieu thereof has been paid to the claimants before their termination. Admittedly, no such

notice was issued nor one month’s pay in lieu thereof was given to the claimant. This clearly shows that the

management has committed gross violation of provisions of Section 25-F of the Act, which clearly provides that even

services of workmen who are employed on daily basis and has worked for more than 240 days in a calendar year or for

12 months cannot be terminated or retrenched unless workmen has been given one month’s notice in writing, indicating

reasons for such retrenchment or the workman has been paid salary of one month in lieu of such notice. There is a long

line of decisions of the Hon’ble High Courts as well as Hon’ble Apex Court that violation of the above provisions

would render action of the management to be illegal and void under the law. This view has been reiterated in the case

of Ajay Pal vs Haryana Warehousing Corporation (AIR (2015) Lab.IC 3765). Hon’ble Apex Court in the case of

Umrala Gram Parishad Vs. The Secretary, Municipal Employees Union And Ors. (2015) Lab.IC 3765 also dealt with

provisions of Section 25-t read with section 2 (ra) of the Act, in case of safai kaamdaar employed by the Parishad. The

work which was being done by daily kaamdaar was the same as those of the regular workmen. There was disparity in

payment of wages between permanent and contract workmen. Same was held to be unfair labour practice and plea of

the Parishad that their financial position was not strong so as to pay salary equal to that of the permanent workman was

rejected. Hon’ble Apex Court ordered to treat the services of such workmen permanent and pay them regular pay

scale which was being paid to the permanent safai kaamdars.

23.

Reference in the present case is regarding regularization of service of the claimants and not to the effect whether

termination of the claimants by the management is illegal or unjustified. Though reference should have been to the

effect whether services of the claimants herein were wrongly and illegally terminated or whether they can be

reinstated in service with back wages but the Government has only made reference for regularization of the claimants

herein, which clearly shows that the claimants are to be treated in the employment of the management. Even otherwise,

as discussed above, action of the management on the face of it is unfair and unjustified. This Tribunal is legally

empowered to give findings on the incidental issues connected with the main reference in terms of section (4) of

Section 10 of the Act. Accordingly, it is held that termination of the four claimants, i.e. Ms.Mariammal, Ms.R.

Rajammal, Ms.Kangam and Shri Ranjit Kumar is unfair and unjustified and they are liable to be reinstated with back

wages and their case for regularization is liable to considered in terms of policy, if any in operation. An award is,

accordingly, passed. Let this award be sent to the appropriate Government, as required under Section 17 of the

Industrial Disputes Act, 1947, for publication.

Dated : April 10, 2017

A. C. DOGRA, Presiding Officer

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[PART II—SEC. 3(ii)]

—

New Delhi, the 20th April, 2017

S.O. 1115.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 84/2012) 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. SAIL, Rourkela Steel Plant and their workman, which was received by the Central Government on

13.04.2017.

[No. L-29011/24/2012-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. 84/2012

Date of Passing Award – 8th March, 2017

Between:

The Chief Executive Officer,

SAIL, Rourkela Steel Plant,

Rourkela, Dist. Sundargarh

…1st Party-Management

(And)

The Deputy General Secretary,

Rourkela Mazdoor Sabha,

Bisra Road, Rourkela – 769 001,

Dist. Sundargarh

…2nd Party-Union

Appearances:

Shri P.K. Nayak, Authorized Representative

…

For the 1st Party-Management

Shri R.C. Mahanta

…

For the 2nd Party-Union.

AWARD

The Central Government in the Ministry of Labour 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 reference vide its

letter No. 29011/24/2012 – IR(M), dated 24.09.2012 for adjudication of the following dispute namely:-

Whether the demand of the Union from the management of SAIL, Rourkela Steel Plant to correct the anomaly

and to give pay protection to Shri R.C. Mohanta at par with Shri J. Pattnaik is legal and justified? What relief

the workman is entitled to?”

2.

Facts giving rise to the above reference are as follows:-

II

(ii)

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The disputant workman Shri R.C. Mahanta joined in the 1st Party-Management on 15.10.1977 in the cadre of S-4

Grade and reported to his duty in the department of research and control laboratory of the Management. He was

promoted to S-5 Grade on 15.10.1979 in the said department and thereafter he was posted in the fertilizer plant and

joined there as Grade-1 Operator in same cadre on 9.5.1989. One Shri J. Pattnaik also joined in the fertilizer plant on

17.05.1980 in the cadre of S-5 Grade and both of them were in the same channel of promotion/line of promotion. Both

of them were promoted from S-5 Grade to S-6, S-7, S-8, S-9 and S-10 Grade on the same day, whereas their annual

increments fell on 1st January and 1st July respectively. The basic pay of Shri Mahanta and Shri Pattnaik were fixed at

Rs. 10,000/- and Rs. 9,800/- respectively on their promotion to S-10 cadre on 30.06.2003. The Management introduced

a new scheme of increment on the basis of percentage of basic pay with effect from 01.04.2005 by its circular dated

22.3.2007. Accordingly pay of Shri Mahanta was fixed at Rs. 10,557/- and that of Shri Pattnaik was fixed at

Rs. 10,350/- on 01.04.2005 under the new scheme. Since Shri Pattnaik was allowed to draw his annual increment with

effect from 01.07.2005 his basic pay rose to Rs. 10,712/- on that day but, the basic pay of Shri Mahanta remained same

i.e. Rs. 10,557/- till he was allowed to draw his annual increment on next January. There is also no serious dispute to

the fact that the disputant workman was transferred from Fertilizer Plant to Research Control Laboratory on 09.03.2004

in the same cadre S-10, whereas Shri Pattnaik continued in the Fertilizer Plant and both the departments are having

separate channel of promotion/line of promotion as on 01.07.2005.

3.

It is the claim of the disputant workman that the Management issued a circular on 16.04.2008 whereby it has

been stipulated and clarified that if any anomaly arises in fixation of pays due to implementation of percentage system

in the rate of increment, the pay of the senior would be stepped up to the pay that of the junior provided; (a) the affected

employee is senior, (b) has the same line/channel of promotion, (c) also the senior person in the lower grade had been

drawing higher or equal basic pay, (d) the date of increment of the senior employee in the lower grade of pay was either

the same or earlier than that of the junior employee. It has been further stipulated in the said circular that on levelling of

the pay there would be no change in the date of increment of the employee. Keeping in view the above circular the

disputant workman is stated to have made a representation to his higher authority for giving him pay protection against

that of Shri Pattnaik. But his request was turned down on a plea that the provision of stepping-up of pay is not

applicable to his case. Hence, he raised a dispute through the Union giving rise to the present reference and a prayer has

been made in his statement of claim for stepping up his basic pay to the tune of Rs. 10712/- with effect from 01.07.2005

which is the basic pay of his junior Shri Pattnaik on that day and to allow him to draw his annual increment as on usual

date of his increment.

4.

The Management has resisted the claim taking a stand that the circular dated 16.04.2008 is not applicable to the

case of the disputant workman since he and Shri Pattnaik were posted in different wings of the Management on

01.07.2005 and as such they were not in the same line of promotion/channel of promotion. It is the case of the

Management that the disputant workman was transferred and posted to Research Control Laboratory on 9.3.2004

without any reservation/protest by him. Shri Pattnaik was subsequently transferred from Fertilizer Plant to Oxygen

Plant on 19.10.2006 which has a separate channel/line of promotion than that of Shri Mahanta. According to the

Management the scheme of increment on the basis of percentage system was introduced with retrospective effect from

01.04.2005 by the circular dated 22.3.2007 for all non-executive employees of SAIL. Clarifications were issued on

27.7.2007 and 16.4.2008 on pay fixations when there arises anomaly in pay fixation of a senior to that of a junior. As

per circular dated 16.4.2008 the pay of the senior is to be stepped up to that of the junior in the event of the junior

drawing higher pay than the senior provided; both of them are in same channel/line of promotion. Since Shri Mahanta

and Shri Pattnaik were posted in different departments of the Management having separate channel/line of promotion

on 1.4.2005, the pay of Shri Mahanta cannot be stepped up and equated to the pay of Shri Pattnaik with effect from

01.07.2005. As such, the claim of Shri Mahanta has no merit and the reference is to be answered against him.

5.

On the aforesaid pleadings of the parties following issues have been settled as per the terms of reference for

adjudication of the dispute.

ISSUES

1.

Whether the demand of the Union from the management of SAIL, Rourkela Steel Plant to correct the

anomalies and to give pay protection to Shri R.C. Mahanta at par with Shri J. Pattnaik is legal and

justified?

2.

What relief the workman is entitled to?

6.

Both the parties have adduced oral evidence in support of their respective stand and relied upon the same set of

circulars issued by the Management. That part documents like copies of comparative statement of basic pay in respect

of the workman and Shri J. Pattnaik, anomaly statement of the 2nd party, letters/orders dated 31.12.1986 to 21.7.2011

issued by the Management and details of arrear payment from April, 2005 to February, 2007 of the workman have

been exhibited on behalf of the disputant workman and marked Ext.- 1 to Ext.- 19 whereas, the Management has relied

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[PART II—SEC. 3(ii)]

upon the documents like some letters/representations from dated 9.3.2004 to 21.7.2011 marked Ext.- A to Ext.- K to

refute the claim of the disputant workman.

7.

As it appears from the pleadings and evidence of the parties that there is no serious dispute to the fact that Shri

Mahanta joined in the Management earlier to Shri Pattnaik and being senior to him he was drawing higher basic pay

than that of Shri Pattnaik till 01.07.2005. A scheme of percentage system of rate of increment was introduced with

retrospective effect from 01.04.2005 by the circular dated 22.03.2007 of the Management. It is also not in dispute that

by the time of introduction of the new increment scheme both the employees were transferred and posted in different

wings/departments of the Management and as such they were having separate channel/line of promotion. As per the

circulars more particularly the circular dated 16.4.2008 the date of increment of employees were not affected and

accordingly the date of increment of Shri Mahanta was 1st January whereas that of Shri Pattnaik was 1st July. It is also

emerging from the contentions advanced by the parties that both of them were having same channel/line of promotion

on account of they being in Fertilizer Plant till they got promotion to the grade of S-10 cadre. Therefore, had both of

them continued in one wing of the Management i.e. in the Fertilizer Plant, the basic pay of Shri Mahanta would have

been fixed at Rs. 10,557/- and the basic of pay of Shri Pattnaik would have been fixed at Rs. 10,350/- as on 01.04.2005

due to introduction of new Scheme of annual increment. As the date of annual of increment of Shri Pattnaik fell on

01.07.2005, the pay of Shri Pattnaik was increased to Rs. 10,712/- on that day by virtue of annual increment, whereas

the pay of Shri Mahanta remained at Rs. 10,557/- till he got his annual increment on January next. In order to avoid

such anomaly and to protect the interest of seniors, the provision of stepping up of basic pay of senior to that of junior is

usually given effect by the employer and there is no serious contention from either side that the circular dated 16.4.2008

has been issued to avoid such type of anomaly in fixation of basic pay of senior and junior. Had both of them continued

their service in the Fertilizer Plant, the basic pay of Shri Mahanta could have been stepped up and equated to the basic

of Shri Pattnaik on 01.07.2005 pursuant to the circular dated 16.4.2008 so that Shri Mahanta should not draw lower pay

than Shri Pattnaik, who is junior to him in the cadre.

8.

The Management is not prepared to adopt/apply the circular taking a plea that both of them being in separate

departments which have separate line/channel of promotion and Shri Mahanta cannot avail the benefit of the circular

due to the stipulation that the senior must have the same line/channel of promotion to that of the junior. Indisputedly the

circular requires that stepping up pay of seniors to that of juniors is permissible subject to the satisfaction of the

stipulations as provided in the circular. One of the stipulations is that both of them should be in the same channel/line

of promotion. But, it cannot be over-sighted that as per the service jurisprudence the condition or stipulation if any in

the circular has to be construed and interpreted liberally keeping in view the financial benefit of an employee. Usually

in the matter of increment or promotion the employee is always expected to derive financial advantage and as such his

pay fixation should be made accordingly giving him financial advantage. Such circular or guideline shall not be

interpreted/applied in detrimental to the employee. In that view of the matter there would be no unanimity that the

stipulation “the same line/channel of promotion” has been incorporated keeping in view the fact that workmen or

employees working in different departments of the Management have different promotional scope/avenues. By virtue

of such different promotional avenues in different departments a junior employee of a particular department can be

entitled to higher basic pay than that of his senior working in different department by virtue of his earlier promotion in

his department and in that circumstance the senior working in other department cannot claim his pay shall be fixed to

that of his junior in pursuant to the above circular dated 16.4.2008. However, in the case at hand the basic pay of Shri

Pattnaik on 01.07.2005 is not in the higher side due to his earlier promotion on account of he being in separate

line/channel of promotion than that of Shri Mahanta. Rather, both of them reached to grade-S-10 cadre having been

posted in the same wings/department i.e. Fertilizer Plant after availing the same line/channel of promotion. Admittedly,

the basic pay of Shri Pattnaik became higher than that of Shri Mahanta in the same cadre when they were transferred

and posted in different wings/department, which have separate line/channel of promotion. But, it cannot be over-looked

that both of them inherited their basic pay in grade S-10 cadre from the same department though the basic pay of Shri

Pattnaik became higher than that of Shri Mahanta on 01.07.2005 due to grant of annual increment in favour of Shri

Pattnaik. He reached to that scale due to getting earlier increment than that of Shri Mahanta after pay fixation under the

new Scheme. As per the principles of equity and natural justice the stipulation “the same line/channel of promotion”

shall not be interpreted or construed in its literal meaning in the case at hand. The same should have been interpreted

and the circular dated 16.4.2008 should have been applied in the case of Shri Mahanta to step up his pay taking into

consideration that both of them reached to the anomaly in their basic pay being in same line/channel of promotion. It

appears that the Management has rejected the claim of the disputant workman taking literal meaning of the stipulation

as both of them were in different wings which have different channel of promotion when Shri Mahanta requested to

step up his pay. On the other hand the Management should have taken into consideration the source i.e. the channel/line

of promotion from which they reached to their basic pay on 01.07.2005 instead of taking their postings on 01.07.2005.

Hence, action of the Management refusing the stepping up pay of Shri Mahanta to that of Shri Pattnaik on 01.07.2005 is

apparently wrong and unjustified in the present situation. Hence the contention advanced by the Management is not

acceptable.

II

(ii)

2573

9.

For the reasons mentioned above, the disputant workman Shri R.C. Mahanta is entitled to get pay protection to

that of his junior Shri J. Pattnaik with effect from 01.07.2005 only in the cadre of S-10 grade with his usual annual

increment on 1st January.

10.

The reference is answered accordingly.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

—

[

I

]

New Delhi, the 24th April, 2017

S.O. 1116.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 32/2015) of the Central Government Industrial Tribunal-cum-

Labour Court, Chennai as shown in the Annexure in the Industrial Dispute between the management of State Bank of

Bank and their workmen, received by the Central Government on 24.04.2017.

[No. L-12012/25/2015-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

CHENNAI

Tuesday, the 4th April, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 32/2015

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of

the Industrial Disputes Act, 1947(14 of 1947), between the Management of State Bank of India and their workman)

BETWEEN :

Sri M. Swaminathan

:

1st Party/Petitioner

AND

The Deputy General Manager

:

2nd Party/Respondent

State Bank of India

Chennai Zone-I, NW-1, Zonal Office

Rajaji Salai

Chennai-600001

Appearance :

For the 1st Party/Petitioner

:

M/s. K. M. Ramesh, Advocates

For the 2nd Party/Management

:

Sri S. Ravindran, Shri S. Bazeer Ahamad, Advocates

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-12012/25/2015-(IR (B-I)

dated 09.03.2015 referred the following Industrial Dispute to this Tribunal for adjudication.

The Schedule mentioned in that order is:

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[PART II—SEC. 3(ii)]

“Whether the action of the management of State Bank of India, Chennai regarding the termination of the service

of the petitioner, M. Swaminathan is justified or not? If not, to what relief the petitioner is entitled?”

2.

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 32/2015 and issued notices to both sides.

Both parties have entered appearance through their counsel and filed their claim and counter statement respectively.

The petitioner has filed Rejoinder after the Counter Statement was filed.

3.

The averments in the Claim Statement filed by the petitioner in brief are these:

During the period from 05.06.2004 to 30.09.2010 the petitioner was working as Special Assistant at

Melsanakuppam Branch. He was transferred to Perambur Branch in 2010 as Senior Special Assistant. He was

discharging his duties faithfully and efficiently. While working at Perambur Branch the petitioner was placed under

suspension by letter dated 27.08.2011. The petitioner was served with a Charge Sheet dated 14.02.2012 alleging various

lapses on his part. Subsequently, an amended Memorandum of Charge was served on him. The petitioner submitted a

representation to the Disciplinary Authority requesting to provide the names of witnesses and list of documents to be

relied upon by the Management. Rather than providing these details the petitioner was informed that an Enquiry Officer

had been appointed to enquire into the charges against the petitioner. Though the petitioner appeared before the Enquiry

Officer he was not provided with the copies of documents relied upon by the Management. On 10.03.2012 the

petitioner requested the Enquiry Officer to postpone the enquiry till reply is received from the Disciplinary Authority.

However, the Enquiry Officer decided to conduct the enquiry ex-parte even when the petitioner was present at the

enquiry and participated in the proceedings. The enquiry was conducted in total violation of principles of natural

justice, equity and fairness. It was also against the rules relating to departmental enquiry. On the basis of the report of

the enquiry the Disciplinary Authority dismissed the petitioner from service on 28.03.2012. The action of the

Disciplinary Authority was mechanical, without applying his mind. The petitioner acted in good faith and without any

mala fide intention as per the instruction of the superior officer. The petitioner was not imparted proper training to

ensure purity of gold ornaments. An appraiser was arranged by the Branch Manager for examining the purity. The

Branch Manager had himself ascertained the quality and quantity of the gold ornaments and sanctioned the loans in

question in spite of the fact that the checking of purity of gold falls within the purview of the duties of Special

Assistant. On 23.06.2011 the Branch Manager of Melsanakuppam Branch had preferred a complaint stating that he

suspected purity of gold ornaments pledged with the Bank. A check was made with the assistance of Professional Gold

Appraiser and jewels pledged in respect of 26 out of 84 agricultural loans were found spurious. On enquiry it was

revealed that two account holders had confessed about their involvement in the fraud and had agreed to repay the

amount when the fraud came to light. Several account holders had closed their accounts. In the complaint made there is

no mention of the involvement of the petitioner in committing fraud. The action of the Respondent in dismissing the

petitioner from service is illegal and unjustified. The petitioner was dismissed from service on 28.03.2012 when he was

due for retirement on 31.03.2012. The petitioner is entitled to full salary from the date of suspension from service and

for settlement of all his terminal benefits and pensionery benefits. An Award may be passed accordingly.

4.

The Respondent has filed Counter Statement contending as below:

The petitioner had 32 years of experience on the eve of the incident. On 25.02.2012 a charge sheet was issued to

the petitioner for his failure to follow the systems and procedures prescribed in respect of appraisal and disbursement of

gold loans during the period from 15.06.2004 to 30.09.2010 resulting in fraud being committed in the branch. An

Enquiry Officer was appointed to enquire into the charges against the petitioner. The petitioner was not present on the

date when the enquiry was started. The enquiry was postponed. But on the postponed date the petitioner sought

adjournment and the case was again reposted. When he sought adjournment on the next posting date also this was

refused by the Enquiry Officer and the petitioner was set ex-parte and enquiry was concluded. The Enquiry Officer

found that out of the 8 charges 5 charges are proved and 2 not proved and one charge was found to be true. After

personal hearing the petitioner was dismissed from service by order dated 28.03.2012. The domestic enquiry against the

petitioner has been conducted in a fair and proper manner. If the enquiry is found vitiated the Respondent may be

permitted to lead evidence on the merits of the case. The petitioner is not entitled to any relief.

5.

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

the Claim Statement.

6.

In view of the contentions raised by the petitioner that domestic enquiry was not conducted in accordance with

the principles of natural justice, the issue was heard and a preliminary finding was entered. This Tribunal has accepted

the case of the petitioner that the enquiry was not conducted in accordance with the principles of natural justice. In view

of this finding the Respondent has let in evidence to prove the charges leveled against the petitioner as per the charge

memo issued to the petitioner. The petitioner has given a rebuttal evidence examining himself.

7.

The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.M1 to

Ext.M108.

II

(ii)

2575

8.

The points for consideration are:

(i)

Whether the action of the Respondent in terminating the petitioner from service is justified?

(ii)

What if any is the relief to which the petitioner is entitled?

The Points

9.

The petitioner had joined the service of the Respondent Bank in the year 1979. He had been working as Special

Assistant at Melsanakuppam Branch during the period from 05.06.2004 to 30.09. 2010. After he was transferred to

Perambur Branch as Senior Special Assistant the then Branch Manager of Melsanakuppam Branch had suspicion about

the purity of the gold ornaments pledged with the Bank for availing agricultural gold loans. So he preferred a complaint

before the Superintendent of Police on 23.06.2011. Subsequently, a Professional Gold Appraiser was engaged to

examine the purity of the jewels and jewels pledged for 77 gold loans were found spurious. According to the

Respondent the petitioner as Special Assistant was duty bound to examine the purity of the gold ornaments and also do

certain other connected things. The petitioner was placed under suspension and a memorandum of charges was served

on him alleging 8 lapses on his part as detailed below:

He did not exercise due diligence and care in observing the due systems and procedures prescribed by the Bank

in respect of Agricultural Gold Loans. The following are the lapses against the employee:

(i)

He did not verify the address and identity of the gold loan borrowers, in respect of 77 Gold Loans

(Details given in the Annexure A)

(ii)

He did not verify and satisfy about the purity of the gold ornaments pledged for in respect of each of the

77 gold loans before recommending them for sanction. (List of Accounts in Annexure B). the gold

ornaments in respect of each of the 77 said gold loans are found to be spurious as tested and certified by

an approved appraiser.

(iii)

In all the 77 Agricultural Gold Loans, he did not verify and ensure that the loan amount arrived at for the

weight of the gold ornaments pledged, is well within the eligible amount of loan arrived at based on the

extent of acreage under cultivation, nature of crop and the applicable scale of finance.

(iv)

When he is not authorized to sanction gold loans, he has sanctioned two Agricultural Gold Loans (A/c

Nos. 30653794632 and 30700190819) and thereby violated the Bank’s instructions (Annexure-C)

(v)

He failed to roll over simultaneously while closing the existing loan (closure done on the next day only)

resulting in loans being without security for one day which is against the interest of the Bank. (List of

Accounts furnished in Annexure B)

(vi)

He did not make entries and maintain “In and Out Register” as per laid instructions.

(vii)

He put through vouchers in the CBS system without authorization of the Branch Head.

(viii) By the above acts of omission and commission, the Bank is likely to incur an estimated loss of Rs. 48.08

lacs.

10.

MW1 has given evidence with reference to the documents produced to prove the charges against the petitioner.

In the Proof Affidavit filed MW1 has stated that the petitioner who was working as Special Assistant was to obtain

KYC documents which provides for Photo ID proof and address to be given by the persons who wants to avail loan.

The petitioner is stated to have failed in complying with this procedure. In respect of 77 jewel loans he did not obtain

KYC declaration forms from the customers. He did not verify the address and identity of the persons with core-banking

solution. MW1 has referred to Ext.M3 providing for the responsibilities of the Special Assistant who is dealing with the

loan applications in respect of KYC. Ext.M5 to Ext.M10 would show that there is discrepancy in the address given by

the loan applicants when compared to core-banking solutions. Ext.M3-Circular, Annexure-A(i) refers to the duties to

be entrusted to Senior Special Assistants. It states that for opening all types of accounts including loans Senior Special

Assistants would be responsible for completion of KYC formalities, authorization of details of account in the system

and authorization in the account opening form. Ext.M5 to Ext.M10 are gold loan applications of the applicants involved

in the incident. It could be seen from the perusal of these that KYC norms were not complied with when compared to

core-banking solutions.

11.

The very admission made by the petitioner during his examination would show that he did not comply with the

procedure even though he was bound to as per the circular. In his Proof Affidavit it is stated that instructions relating to

KYC norms were followed by him, in effect admitting that he was the one dealing with the loan applications in

question and also admitted that he was bound to follow the norms. Then he had continue to state that in order to cope up

with the desire of the Branch Manager to achieve business target he has acted in good faith and has discharged the

duties as per the instructions of the Branch Manager. Then he has tried to put the responsibility on the Branch Manager

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[PART II—SEC. 3(ii)]

stating that the Branch Manager had carried out mandatory scrutiny of all the loan applications and had kept a

certificate. In effect he has been stating that even if non-compliance of KYC norms is found the Manager is responsible

for the same. However, as per the circular it is entirely upon the Special Assistant to comply with the KYC norms. The

petitioner cannot escape from the liability of non-compliance of the KYC norms.

12.

As per the second charge the petitioner did not verify and get satisfied about the purity of the gold ornaments

pledged for in respect of each of the 77 gold loans before recommending them for sanction. The ornaments pledged in

respect of the gold loans were found to be spurious on testing done by an approved appraiser. MW1 has stated in his

proof affidavit that the petitioner who was bound to test the purity of the gold ornaments have not done so. According

to MW1 the petitioner was to ensure that the ornaments were tested by him using the testing materials provided in the

branch or he should have sought the assistance of the bank approved appraiser and obtain a certificate from him on the

purity of gold pledged. The petitioner had not examined purity of the gold ornaments that have come before him during

the period from 05.06.2004 to 30.09.2010 in respect of the 77 gold jewel loan applications. The case of the petitioner in

the proof affidavit submitted by him is that the branches should get the gold ornaments checked by a Gold Adviser for

its quality and purity in the case of gold loans above Rs. 50,000/-. He has further stated that as the request for gold loans

exceeded Rs. 50,000/- the Branch Manager had engaged the services of a third person. According to the petitioner, in

view of the urge of the Branch Manager to increase the loan portfolio he was totally divested of his duty to test the

purity of the gold ornaments by the Branch Manager and yet he was instructed to sign the challans and he has done so.

Thus it could be seen from the Proof Affidavit itself that the petitioner is impliedly admitting the fact that it is his duty

to test the purity of the gold ornaments. MW1 has stated in the Proof Affidavit regarding the duty of the petitioner as

Senior Special Assistant to obtain KYC and also his duty to ensure that the gold ornaments are tested by him using the

testing materials provided in the branch. The petitioner has admitted during his cross-examination that this statement

made in the Proof Affidavit of MW1 is correct. There is also Ext.M1, the Master Circular regarding agricultural gold

loans referring to the duty of the Special Assistant regarding gold loans under the heading Purity of Gold. Clause-10 of

the Circular states that the Branch Cash Officer (Special Assistant/Senior Assistant In-charge of Cash) is responsible

for ensuring genuineness and purity of gold ornaments. The subsequent sub-clauses refer to the methods to be used for

ensuring the genuineness and purity of ornaments. It has been admitted by the petitioner during his cross-examination

that there is apparatus in the branch for verifying the purity of gold. He specifically admitted that he did not verify the

purity of the 77 jewels involved in the 77 jewel loan applications personally. Thus it could be seen that the petitioner

has been shirking away from his responsibility of testing the purity of gold involved in the loan applications that came

before him. This has happened for a long period i.e. from 05.06.2004 to 30.09.2010.

13.

Ext.M11 to Ext.M37 are the appraisal certificates issued to the Bank by the Approved Appraiser and Valuer of

the Bank declaring that the ornaments involved in the 77 loan applications were spurious. There is no case for the

petitioner that these are not certificates properly issued. There is also no case that these are not certificates issued after

appraising the jewels involved in the loans in question. In his Proof Affidavit the petitioner has impliedly admitted the

case of the Respondent that the ornaments involved in the concerned loans were found spurious. He has stated in his

affidavit that the appraiser had issued certificates in respect of certain loans which were closed also. MW1 has stated in

his Chief Affidavit that at the time when the charge sheet was issued 67 loanees had not paid any amount towards the

jewel loans availed by them and the Bank was thus exposed to loss of more than Rs. 45.00 lakhs in respect of 66 loan

accounts. Thus the second charge against the petitioner also is proved.

14.

The Third Charge is that the petitioner did not verify and ensure that the loan amount arrived at for the weight of

the gold ornaments pledged is within the eligible amount of loan arrived at based on the extent of the acreage under

cultivation, nature of crop and the applicable scale of finance. However, the Respondent has not adduced any evidence

regarding this charge. No documents are produced pertaining to this also. So this charge is not established.

15.

The Fourth Charge is that the petitioner though not authorized to sanction gold loans has sanctioned two

agricultural gold loans and violated the Bank’s instructions. The petitioner has stated in his affidavit that he did not

sanction gold loans. According to him the Branch Manager had sanctioned the loans and instructed him to sign as if he

sanctioned loan. According to MW1 agricultural gold loans can be sanctioned only by the officials of Junior

Management Grade-I and above. The petitioner who is a Senior Special Assistant has not been vested with powers of

sanctioning loans. It is very clear from the Proof Affidavit of the petitioner itself that he had signed loan applications

sanctioning them, though according to him it was at the instance of the Branch Manager. The petitioner has admitted

that Ext.M43 and Ext.M45 loan applications contain his initial with endorsement “Sanctioned Agricultural Gold Loan

with a limit of Rs. 30,000/-“. Thus it is apparent that these loans were sanctioned by him. The duties of the Senior

Special Assistant as stated in Ext.M3 does not give any power to sanction loans. Ext.M45 states that only the Branch

Managers have the discretion to exercise powers for conversion of crop loans into term loans, etc. Even the Managers

of the Division or Rural Development Managers are not to exercise these powers. Thus it could be seen that by

sanctioning the two loans, the petitioner has acted beyond his authority, against the instructions given by the Bank in

this respect.

II

(ii)

2577

16.

The Fifth Charge is that the petitioner failed to rollover simultaneously by closing the existing loans resulting in

loans being without security for one day. MW1 had explained in his affidavit that when a customer is having an

existing loan amount he is not entitled to another loan on the very same loan ornaments pledged by him to the Bank.

The customer can obtain a new loan only after closing the old loan account. On 16.09.2010 the petitioner seems to have

processed 7 jewel loans resulting in two loans having been given on the same day in respect of one jewel which was

also found to be spurious later. However, the allegation now made in the Proof Affidavit seems to be different from the

charge that is made against the petitioner.

17.

The Respondent has not adduced any evidence regarding the Sixth Charge that the petitioner failed to make

entries and maintain in and out register as per laid down instructions.

18.

The Seventh Charge is that the petitioner had put through vouchers in the CBS System without authorization of

the Branch Head. As could be seen from the evidence given by MW1 the petitioner has signed in the space for signature

of the authorized official when the Branch Manager had not authorized the vouchers for posting in CBS. This could be

seen from Ext.M79 to Ext.M86.

19.

Thus it could be seen that the main and grevious charges against the petitioner that he failed to verify the KYC

norms and also did not test the purity of the gold involved in 77 agricultural gold loans are proved beyond doubt. This

has resulted in the Bank having been exposed to a loss of more than Rs. 45.00 lakhs. This is in spite of the fact that the

petitioner had service of 32 years at the time of the incident. He has been continuously resorting to the practice of not

testing the purity of the ornaments deliberately or probably out of negligence. The lapses on the part of the petitioner

are very grievous. The petitioner having been placed in a position of faith and was dealing with the public money he

should have shown sufficient sincerity in his work.

20.

Rather than the reversal of the finding by the Enquiry Officer the attempt of the petitioner has been to see that

the punishment of dismissal imposed on him is modified so that he becomes entitled for terminal benefits and pension

on his retirement. The counsel for the petitioner has referred to the judicial pronouncements pointing out that Tribunal

has got the power to reduce the penalty imposed by the domestic tribunal There is no doubt about this power of

interference by the Tribunal. However, the power should be exercised judicially and judiciously. Here is a case where a

Senior Special Assistant who was very much acquainted with the banking procedure and was bound to do certain duties

on his part had failed to performed those duties thus resulting in the Bank being exposed to a loss of almost half crore.

It would not be proper to interfere with the punishment of dismissal imposed on the petitioner. I do not find any reason

to interfere with the punishment imposed by the Disciplinary Authority.

21.

In view of the above discussion the reference is answered against the petitioner. An Award is passed

accordingly.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this

day the 4th April, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner

:

WW1, Sri M. Swaminathan

For the 2nd Party/Management

:

MW1, Sri V. Narasimhan

Documents Marked :

On the petitioner’s side

Ex.No.

Date

Description

Nil

On the Management’s side

Ex.No.

Date

Description

Ext.M1

13.04.2009

Master Circular Agri Gold

Ext.M2

24.03.2009

Master Circular on Career Progression: Award Staff in-cadre higher appointments

Ext.M3

22.10.2009

Empowerment of staff – review of Career Progression Scheme – Circular No.

CIRDO:HR:65 dated 22.10.2009

Ext.M4

21.10.2008 to

Copy of 70 gold loan documents

25.06.2010

2578

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

Ext.M5

28.07.2009

Copy of document a/c 30839344195

Ext.M6

-

CBS Screenshot of Customer Details – a/c 30839344195

Ext.M7

-

CBS screenshot of long – a/c 30839344195

Ext.M8

08.07.2009

Copy of document a/c 30817464699

Ext.M9

-

CBS screenshot of Customer Details – a/c 30817464699

Ext.M10

-

CBS screenshot of long enquiry – a/c 30817464699

Ext.M11

-

Appraiser Certificate – 31376076062

Ext.M12

-

Appraiser Certificate - 31467311696/31467326760

Ext.M14

-

Appraiser Certificate

Ext.M15

-

Appraiser Certificate

Ext.M16

-

Appraiser Certificate

Ext.M17

-

Appraiser Certificate

Ext.M18

-

Appraiser Certificate

Ext.M19

-

Appraiser Certificate

Ext.M20

-

Appraiser Certificate

Ext.M21

-

Appraiser Certificate

Ext.M22

-

Appraiser Certificate

Ext.M23

-

Appraiser Certificate

Ext.M24

-

Appraiser Certificate

Ext.M25

-

Appraiser Certificate

Ext.M26

-

Appraiser Certificate

Ext.M27

-

Appraiser Certificate

Ext.M28

-

Appraiser Certificate

Ext.M29

-

Appraiser Certificate

Ext.M30

-

Appraiser Certificate

Ext.M31

-

Appraiser Certificate

Ext.M32

-

Appraiser Certificate

Ext.M33

-

Appraiser Certificate

Ext.M34

-

Appraiser Certificate

Ext.M35

-

Appraiser Certificate

Ext.M36

-

Appraiser Certificate

Ext.M37

08.07.2011

Approved Jewel Valuer’s Authenticity

Ext.M38

18.09.2010

Copy of document – a/c 31116693663

Ext.M39

16.09.2010

Copy of document – a/c 31448210395

Ext.M40

16.09.2011

Copy of document – a/c 31139261830

Ext.M41

16.09.2010

Copy of document – a/c 31156680395

Ext.M42

20.04.2010

Scale of Finance – Circular No. RBU-14/2010-11 dated 20.04.2010

Ext.M43

21.01.2009

Copy of document – a/c 30653794632

Ext.M44

04.03.2009

Copy of document – a/c 30700190819

Ext.M45

12.05.2009

Copy of circular on delegation of financial powers

Ext.M46

-

CBS screenshot – a/c 31420040922 – short enquiry

II

(ii)

2579

Ext.M47

-

CBS screenshot – a/c 31420040922 – Transactions Enquiry

Ext.M48

-

CBS screenshot – a/c 30344806992 – Short enquiry

Ext.M49

-

CBS screenshot – a/c 3030448-6992 – transaction Enquiry

Ext.M50

-

CBS screenshot – a/c 31419953776 – Short enquiry

Ext.M51

-

CBS screenshot – a/c 31419953776 – Transaction Enquiry

Ext.M52

-

CBS screenshot – a/c 30376606667 – Short enquiry

Ext.M53

-

CBS screenshot – a/c 30376606667 – Transaction Enquiry

Ext.M54

-

CBS screenshot – a/c 31420122170 – Short enquiry

Ext.M55

-

CBS screenshot – a/c 31420122170 – Transaction Enquiry

Ext.M56

-

CBS screenshot – a/c 11415069370 – Short enquiry

Ext.M57

-

CBS screenshot – a/c 11415069370 – Transaction Enquiry

Ext.M58

-

CBS screenshot – a/c 31420204542 – Short enquiry

Ext.M59

-

CBS screenshot – a/c 31420204542 – Transaction Enquiry

Ext.M60

-

CBS screenshot – a/c 30306424997 – Short enquiry

Ext.M61

-

CBs screenshot – a/c 30306424997 – Transaction Enquiry

Ext.M62

-

CBS screenshot – a/c 31420323659 – Short enquiry

Ext.M63

-

CBS screenshot – a/c 31420323659 – Transaction Enquiry

Ext.M64

-

CBS screenshot – a/c 11415069358 – Short enquiry

Ext.M65

-

CBS screenshot – a/c 11415069358 – Transaction Enquiry

Ext.M66

-

CBS screenshot – a/c 31420382741 – Short enquiry

Ext.M67

-

CBS screenshot – a/c 31420382741 – Transaction Enquiry

Ext.M68

-

CBS screenshot – a/c 11415069369 – Short enquiry

Ext.M69

-

CBS screenshot – a/c 11415069369 – Transaction Enquiry

Ext.M70

-

CBS screenshot – a/c 31419823872 – Short enquiry

Ext.M71

-

CBS screenshot – a/c 31419823872 – Short enquiry

Ext.M72

-

CBS screenshot – a/c 11415069336 – Short enquiry

Ext.M73

-

CBS screenshot – a/c 11415069336 – Transaction Enquiry

Ext.M74

16.09.2010

VVR dated 16.09.2010

Ext.M75

-

Copy of pages 78 and 79 pf in and out register copy

Ext.M76

-

CBS report – Accounts closed today

Ext.M77

-

Copy of pages 78 & 79 pf in and out register copy

Ext.M78

16.09.2010

Loan balance filed dated 16.09.2010

Ext.M79

18.03.2010

Copy of Demand Loan Voucher dated 18.03.2010

Ext.M80

01.03.2010

Copy of Demand Loan Voucher dated 01.03.2010

Ext.M81

01.03.2010

Copy of Demand Loan Voucher dated 01.03.2010

Ext.M82

13.02.2010

Copy of Demand Loan Voucher dated 13.02.2010

Ext.M83

13.02.2010

Copy of Demand Loan Voucher dated 13.02.2010

Ext.M84

18.03.2010

VVR dated 01.03.2010

Ext.M85

01.03.2010

VVR dated 13.02.2010

Ext.M86

13.02.2010

VVR dated 13.02.2010

Ext.M87

-

List of 7 gold loans.

2580

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

[

I

]

New Delhi, the 24th April, 2017

S.O. 1117.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 4/2001) of the Central Government Industrial Tribunal-cum-Labour

Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Central Railway and

their workmen, received by the Central Government on 24.04.2017.

[No. L-41012/196/2000-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

JABALPUR

No. CGIT/LC/R/4/2001

The Secretary,

National Railway Mazdoor Union,

C/o Shri M.L.Jain,

Shahdol (MP)

…Workman/Union

Versus

Assistant Engineer,

Central; Railway, Beohari,

Distt. Shahdol (MP)

Divisional Engineer(North),

Central Railway,

Jabalpur (MP)

…Management

AWARD

Passed on this 7th day of March 2017

1.

As per letter dated 28-11-2000 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-41012/196/2000/IR(B-I). The dispute under reference relates to:

“Whether the action of the Divisional Engineer, Central Railway, Jabalpur and the Assistant Engineer, Central

Railway, Jabalpur and the Assistant Engineer, Central Railway, Beohari, Distt. Shahdol (MP) in terminating

the services of Shri Gyan Singh S/o Shri Ramnimit Singh At & PO Bharjuna (Kala) Distt. Satna (MP) is

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

2.

After receiving reference, notices were issued to the parties. Ist party Union submitted statement of claim

through Secretary, M.L.Jain of National Railway Mazdoor Union. Case of Ist party Union is that Gyan Singh was

member of the Union, he was suffering from paralysis from 11-2-87. After recovery, he was about to join duty but he

suffered 2nd attack on 4-10-87. Gyan Singh was receiving treatment at DRM, Central Railway Hospital, Satna. There

was full knowledge of illness of Gyan Singh to Railway Authorities which can be seen from letters sent to the

authorities. That during illness of Gyan Singh, his wife Savita was approaching officers at Beohari informing about

inability of Gyan Singh to attend duty. His inability to attend Enquiry Proceeding despite of knowledge about illness of

Gyan Singh, Railway Authorities started disciplinary action regarding his absence from duty. Gyan Singh was

terminated from service on 23-9-93 holding exparte enquiry. That Gyan Singh submitted representations to Railway

Authorities requesting reinstatement in service. Railway Authorities not decided his appeal/ representation. Therefore

dispute was raised. Ist party Union further submits that termination of services of Gyan Singh is illegal, enquiry was

conducted in violation of natural justice. Gyan Singh was unable to attend Enquiry Proceedings. Disciplinary action

taken against Gyan Singh is illegal. He was not allowed personal hearing. Punishment imposed against Gyan Singh is

II

(ii)

2581

illegal. His absence on account of illness was bonafide. Enquiry conducted against Gyuan Singh was empty formality.

On such ground, termination of services of Gyan Singh is alleged to be an act of victimization and unfair labour

practice. Union prays for reinstatement of Gyan Singh with backwages.

3.

2nd party filed reply at Page 5/1 to 5/3. 2nd party contends that Gyan Singh was pump khalasi under IOW

Beohari. He was unauthorisely absent from duty during the period 18-2-87 to 31-8-87. Chargesheet for unauthorized

absence was served on him. Gyan Singh had brought certificate of fitness from NKJ for joining duty. He also given

reply to the chargesheet. Reply to the chargesheet requesting to allow him to join duty. That Gyan singh had received

treatment in Divisional Medical Hospital, Satna but not submitted medical certificate for taking treatment. As per

statement of the employee, he was unauthorisely absent. His family members approached the office are denied as false.

CSE did not attend Enquiry Proceedings. Therefore enquiry was proceeded exparte. All adverse contentions of

employee are denied as false. Employee was given sufficient time. Intimations were given to him for attending

enquiry. Employee did not attend Enquiry Proceedings. Order of termination/ dismissal issued against workman is

proper and legal. 2nd party prays for rejection of claim.

4.

Ist party filed rejoinder at Page 9/1 to 9/3 reiterating its contentions in statement of claim. That Gyan Singh

suffered from paralytic attach and received treatment in Railway Primary Health Centre. He was admitted in Railway

Hospital, Satna. Representations of the claimant workman were not considered.

5.

As per order dated 24-6-15, enquiry conducted against workman is found legal.

6.

Considering pleadings on record and findings on preliminary issue, 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 misconduct alleged against

workman Gyan Singh is proved from evidence in

Enquiry proceedings?

In Affirmative

(ii) Whether the punishment of dismissal imposed

against workman is proper and legal?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

7.

Point No.1 – Chargesheet was issued to claimant Gyan Singh for unauthorised absence from 5-10-87 till

22-11-88 as per Exhibit W-2. In Exhibit W-5, Gyan Singh informed PWI, Beohari that because of his illness, he was

absent from duty from 5-10-87. Savita Devi w/o Gyan Singh submitted applications informing about illness of Gyan

Singh and other certificates. Medical certificates produced on record was issued by Vaidya Kailash Prasad. As per

Exhibit W-3, Savita Devi S/o Gyan Singh informed about illness of her husband. Her husband has rendered 20 year

service. Under Exhibit W-4, she had informed about illness of her husband and requested to pay salary for balance of

leave of her husband. Under Exhibit W-5, Gyan Singh admitted he was absent from duty from 5-10-87as he was

suffering from illness. Absence from duty is admitted. The certificate produced on record is issued by Ayurvedic

Vaidya. Any document is not produced that application for leave is produced by Gyan Singh. As Gyan Singh though

suffering from illness did not submit application for leave, his absence from duty is unauthorized. For above reasons, I

record my finding in Point No.1 in Affirmative.

8.

Point No.2 As per my finding in Point No.1 charge of unauthorized absence from duty is found against claimant

workman. On other issues claimant workman filed affidavit of evidence reiterating that he was suffering from illness.

Applications were sent to the authorities. The age of workman is shown 62 years. He has also crossed age of

superannuation therefore relief of reinstatement is not possible. Considering short period, charge of unauthorized

absence is established, workman has also explained his absence was on account of illness, the punishment of dismissal

was imposed against workman without considering his length of service and explanation for absence. The dismissal of

workman in the circumstances is not appropriate. Considering length of service and age of workman, punishment of

dismissal from service deserves to be modified to compulsory retirement. Accordingly I record my finding in Point

No.2.

9.

In the result, award is passed as under:-

(1)

The action of the management terminating the services of Shri Gyan Singh is not legal.

(2)

Punishment of dismissal imposed against workman is modified to compulsory retirement.

(3)

Monetary benefits be paid to the Ist part 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

2582

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

—

[

I

]

New Delhi, the 24th April, 2017

S.O. 1118.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 122/1995) 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 South

Eastern Railway and their workmen, received by the Central Government on 24.04.2017.

[No. L-41011/17/1995-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/s 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 122/1995

Employer in relation to the management of SE Railway

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances:

For the Employers : Shri Sanjay Kumar, Adv.

For the Workman : None

State : Jharkhand

Industry : Railway

Dated 8/9/2016

AWARD

By Order No. L-41011 /17/1995-IR(B-1) dated 25/09/1995, 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 Railway, South Eastern Railways, Chakradharpur in terminating the

services of Shri Manoharlal. Vishwakarma and others, is proper, just and reasonable? If not, to what relief the

concerned workmen are entitled and Since when ?”

Annexure

List of workman

1.

Shri Manohar Lal Viswakarma

2.

Shri R.N.Das

3.

Shri Raghu Nath Mahto

4.

Shri Iswar ch. Mahto

5.

Shri Makardhaj Pradhan

6.

Shri Ram Chandra Nag

7.

Shri Gopal Pradhan

8.

Shri Methious Lakra

9.

Shri B. Durga Prasad

10. Shri G. Krishna Rao

11. Shri Kajal Bhattacharjee

12. Shri G Janardhan Rao

13. Shri Narayan Mondal

14. Shri Nand Kishore Mahto

II

(ii)

2583

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

—

[

I

]

New Delhi, the 24th April, 2017

S.O. 1119.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 45/2003) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur 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 24.04.2017.

[No. L-12012/255/2002-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/45/2003

Shri Avdesh Kumar Rajwade,

S/o Shri Kamal Sai Rajwade,

Resident of Village Surajpur,

Thana & Tehsil Surajpur,

Distt. Surguja (CG).

…Workman

Versus

Branch Manager,

State Bank of India, Bishrampur,

Distt. Surguja (CG)

Asstt. General Manager,

State Bank of India, Region-I,

Zonal Office, Shanker Nagar,

Raipur (CG)

…Management

2584

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

AWARD

Passed on this 16th day of March 2017

1.

As per letter dated 14-2-2013 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12012/255/2002-IR(B-I). The dispute under reference relates to:

“Whether the action of the management of State Bank of India in terminating the services of Shri Avdesh Kumar

Rajwade, S/o Shri Kamal Sai Rajwade, Messenger w.e.f. 13-12-98 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 3/1 to

¾. Case of workman is that he was initially appointed as messenger from 3-1-84. He continuously worked from 3-1-84

to 13-12-98. That he worked more than 240 days till 1998. If holidays and other rest days are included, the total

number of his working days is more, is covered as employee under Section 25 B of ID Act. 2nd party Bank is a statutory

organization established under SBI Act 1955. Despite he continuously worked for many years without any

justification, his services were not regularized. That work of regulalr messenger was taken from him since initial

appointment. He was posted to deliver local dak since his initial appointment could be seen from the inspection reports

during the period 1984 to 1998. That his termination amounts to retrenchment under Section 2(oo) of ID Act. His

retrenchment without notice is void ab initio. He was not paid retrenchment compensation before his termination.

Management not followed Section 25-F of ID Act while terminating his services. That management also not followed

Section 25 G,H of ID Act, Rule 77 of ID Central Rules 1957 was not complied. His termination amounts to

victimization and unfair labour practice as well as illegal retrenchment. That he is unemployed after termination of his

service. On such ground, workman prays for reinstatement with backwages.

3. 2nd party management filed Written Statement at Page 6/1 to 6/4 opposing claim of workman. 2nd party reiterates

that claim of workman is based on violation of Section 25-F of ID Act claiming that he worked more than 240 days is

incorrect. Ist party deliberately suppressed facts for obtaining the relief. 2nd party submits that it is not in dispute before

13-12-98, workman worked for more than 240 days in a calendar year. Since services of Ist party workman were no

longer required after following Section 25-F of ID Act terminated his services on 12-12-98. Workman was given one

months pay in lieu of notice by Banker cheque No. 080872 dated 12-12-98. Retrenchment compensation Rs.27598 was

paid by Bankers Cheque No. 080874, 7 days wages for December 98 of Rs.477 were also paid on 12-12-98. The Bank

given intimation to appropriate Government in Form B as per Industrial Dispute Central Rules. Workman initially

accepted the amount under Bankers cheque issued to him, returned the same along with letter dated 1-1-99. That on 28-

6-00, workman demanded that he be paid salary and allowances for 12 days. That Bankers cheque of Rs.1843/- and

Rs.477 be returned to him. The Bank accordingly paid workman amount of Rs.27598 on 4-1-03. That letter dated 23-1-

04 written by the Bank shows that amount was credited in account of workman as per his request. The contention of

workman about non-payment of retrenchment compensation is misleading and incorrect. Ist party workman was

temporary employee. He had no lein on any post. Workman was engaged as and when required. Workman was paid

retrenchment compensation, pay in lieu of notice. Section 25-F of ID Act was complied by the management. Violation

of said provision has been denied. 2nd party further submits that workman has not mentioned any name as to who were

junior to him and how Section 25 G,H are violated. 2nd party also denies that workman is unemployed after termination

of his service. 2nd party prays for rejection of claim.

4. Considering pleadings on record, the points which arise for my consideration and determination are as under. My

findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the management of State

Bank of India in terminating the services of Shri

Avdesh Kumar Rajwade, S/o Shri Kamal Sai

Rajwade, Messenger w.e.f. 13-12-98 is justified?

In Negative

(ii) If not, what relief the workman is entitled to?”

As per final order.

REASONS

5.

Point No.1 The terms of reference pertains to legality of termination of services of workman. Workman filed

affidavit of his evidence. In his affidavit of evidence, he has stated that he was appointed as messenger on 3-1-84. He

was continuously working till 13-12-98. He completed more than 240 days continuous service during each of the year.

He studied upto 8th standard he doesnot know English. His services were orally terminated without notice. He was not

paid retrenchment compensation and one months pay on 12-12-98. That at the time of termination of his services, his

signatures were obtained on blank paper. After 5 years of termination of his service on 4-1-03, compensation amount

was paid. He was not paid retrenchment compensation prior to it. In his cross examination, workman says name was not

sponsored through Employment Exchange. Employment Exchange card is not produced. Appointment letter was not

II

(ii)

2585

issued to him by Bank. Post of messenger was not advertised. He had not received retrenchment compensation in 1988.

His signatures on letter dated 1-1-99 were obtained calling him in the Bank, document is marked Exhibit M-1. In his

further cross, he says he has not disclosed name of junior employees in his affidavit. He denies that he not completed

240 days continuous service. He denies that he was not appointed as messenger. He denies that he was paid

retrenchment compensation by cheque. He was given sealed envelope treating him temporary employee and stopped

from work. He did not remember his last day of work in the Bank. He admits letter dated 12-12-98 written by him.

Workman denies that he has concealed the facts in his affidavit of evidence.

6.

Management’s witness Rajesh Pandey filed affidavit of his evidence supporting contentions in Written

Statement filed by management that workman was employed on daily wages as messenger. His services were

terminated on 12-012-98 giving him one month salary Rs.1843, retrenchment compensation Rs.23,598/-. That workman

refused said amount and returned vide letter dated 1-1-98. After lapse of few years, workman demanded the amount.

Considering the demand of workman, amount by Bankers cheque dated 4-1-03 was accepted by the workman.

Management’s witness in his cross says personally he is not acquainted with workman. He claims ignorance that

workman was engaged as daily wage messenger. He claims ignorance whether termination notice was issued to

workman. In his further cross, management’s witness says workman had refused to accept retrenchment compensation.

After workman had made request, compensation amount was paid. Workman had submitted application – Exhibit M-1.

Exhibit W-5 bears signature of Assistant General Manager. Management’s witness also admits Exhibit W-6. In his

further cross, management witness Mahesh Ram Yadav was reinstated in service, he was senior to the workman. Any

person by name Sudama Prasad was not working in the Bank. He denied that Ist party workman was not paid

retrenchment compensation prior to or subsequent to termination of his services.

7.

Documents produced by workman Exhibit W-1 is letter dated 20-10-84 by Regional Manager directing to

continue workman as temporary employee on month to month basis till decision for his permanent absorption or

otherwise was taken. Exhibit W-2 is certificate issued by Bank. Working days of workman are shown 242 days in 1997,

292 days in 1998, the details of the working days of workman from 84 to 91 , 91 to 96 are also shown in said document.

The working days of workman in 1985 are 270 days, in 1986- 270 days, in 1987- 286 days, in 1988- 277 days, in 1989-

310 days, in 1993- 293 days, in rest of the years is less than 240 days. In Exhibit W-3 working days of workman till

14-8-91 are shown 1949 days from 15-8-91 to 1-12-98- 1745 days. As per Exhibit W-4 letter dated 1-1-98 workman

had returned bankers cheque of retrenchment compensation, pay in lieu of notice and wages claiming that he had

rendered 15 years service. Exhibit M-5 is letter given by Assistant General Manager dated 10-3-99 to recover amount

of retrenchment compensation from Mahesh Yadav and reinstated him in service. His absence till 13-12-98 be

considered as leave with pay and accordingly payment be made to him. Exhibit W-6 is document regarding

retrenchment of temporary employee M.R.Yadav dated 11-12-98.

8.

Management produced document M-6 Form P information sent to the Government regarding termination of

workman. Exhibit M-1 is copy of letter dated 1-1-99 workman returning cheque of amount of retrenchment

compensation. Documents on record clearly shows that workman was sent amount of retrenchment compensation, one

months pay in lieu of notice and amount of wages. Workman had returned back amount. Management complied Section

25-F-a,b, of ID Act. The amount was refused and cheques were returned back cannot be construed as violation of

Section 25-F of IDI Act. Section 25-F(a) clearly provides conditions for retrenchment that workman has been given one

months notice in writing indicating the reasons for retrenchment, (b) at the time of retrenchment compensation

equivalent to 15 days average pay etc. is paid. Documents produced by management Exhibit M-1 shows amount of

Rs.26,598 was deposited in account of workman by cheque Exhibit M-2. Exhibit M-3 amount of Rs.27,600 was

withdrawn by workman on 7-1-03, its entries of crediting amount, and withdrawal are found in Exhibit M-5. Though

initially workman had returned back, amount of retrenchment compensation and pay in lieu of notice, said amount was

deposited in his account on 7-1-03. On same day, workman had withdrawn amount Rs.27,600 clearly shows that

workman had accepted the amount of retrenchment compensation and notice pay. As such workman had given up his

defence about nor compliance of Section 25-F of ID Act. On depositing amount of Rs.26,598 which was accepted by

workman, workman has failed to establish non-violation of Section 25-F of ID Act.

9.

However as per document Exhibit W-6, M.R.Yadav temporary messenger was retrenched on 11-12-98. From

Exhibit W-5, it is clear that management had taken decision to recover amount of retrenchment compensation paid to

M.R.Yadav and reinstate him in service w.e.f. 13-12-98. It is argued by learned counsel for management that workman

has not mentioned names of junior employees consequently violation of Section 25-G cannot be established. As per

Exhibit W-5 Mahesh Yadav was reinstated w.e.f. 13-12-98. Services of workman were terminated on 12-12-98. The

management has not maintained seniority list of temporary daily wage messengers though the Ist party has not stated

name of junior in statement of claim or in affidavit of evidence. Evidence on record is clear that Mahesh Yadav was

working as temporary messenger during the same period, his retrenchment was cancelled recovering the amount of

retrenchment compensation. Management has not adduced evidence why Shri Mahesh Yadav was reinstated cancelling

his retrenchment. Why Ist party was not equally treated. If the evidence is fairly appreciated, it is clear that workman

2586

THE GAZETTE OF INDIA : APRIL 29, 2017/VAISAKHA 9, 1939

[PART II—SEC. 3(ii)]

has been discriminated. After his retrenchment, when Mahesh Yadav was reinstated, and workman was not reinstated.

Evidence on record clearly shows that management has violated Section 25 G, H , Rule 77 of ID Act.

Ratio held in case between State Bank of Bikaner and Jaipur versus Omprakash Sharma reported in

2006(5)SCC-123 pertains to violation of Rule 77 where the only question in reference was whether the appointment of

a new workman in place of the retrenched workman was in violation of Section 25 h, Industrial Dispute Act and the

Labour Court found that there was no violation of Section 25 H held violation of Rule 77 may attract penalty under rule

79 but would not by itself entitle the retrenched workman to reinstatement.

In present case evidence shows that workman and Mahesh Yadav were working as temporary messengers,

seniority list was not maintained by management. Ratio held in the case doesnot squarely cover the controversy.

Reliance is also placed by management counsel in case between Anoop Sharma versus Executive Engineer,

Public Health Division No.1, Panipat, Haryana reported in 2010(5)SCC-497. Ratio held in the case is that burden lies

on workman to adduce evidence w.r.t. violation of Section 25-F. the ratio cannot be applied to present case as initially

o2nd party had sent amount of retrenchment compensation, one months noticie pay etc. was reduced by workman

subsequently he accepted said amount and withdrawn amount of Rs.27,600 as per Exhibit M-5 acceptance of amount of

retrenchment compensation and its withdrawal. Violation of Section 25 H Rule 77 is established from evidence.

Ratio relied in case between Raj Kumar versus Director of Education and others reported in 20166)SCC-541

cannot be applied to case at hand. The facts of present are not comparable.

10.

As management has cancelled retrenchment of Shri Mahesh Ram and reinstated him directing recovery of

amount of retrenchment compensation is violative of Section 25-F Rule 77 therefore I record my finding in Point No.1

in Negative.

11.

Point No.2- In view of my finding in Point No.1 termination of Ist party workman is in violation of Section 25-

H, Rule 77 of ID Act, Ist party was discriminated. He was not reinstated while Mahesh Yadav was reinstated cancelling

his retrenchment. Question remains for consideration is whether workman is entitled for reinstatement with backwages.

Workman in his affidavit and plea stated that he is unemployed after termination of his service. Management has not

adduced any evidence about gainful employment. Considering the services of workman were terminated on 12-12-98,

dispute is raised as per order dated 14-2-03, in my considered view reinstatement with 50 % backwages from date of

order of reference dated 14-2-03 would be appropriate. Accordingly I record my finding in Point No.2.

12.

In the result, award is passed as under:-

(1)

The action of the management of State Bank of India in terminating the services of Shri Avdesh Kumar

Rajwade, S/o Shri Kamal Sai Rajwade, Messenger w.e.f. 13-12-98 is not proper and legal.

(2)

Termination of Ist party workman is set-aside. Management is directed to reinstate workman with

continuity of service and pay 50 % back wages from date of reference i.e. 14-2-03.

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

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: 2017.06.01 12:22:20 +05'30'