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Published 12 August 2017

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Original source ↗

REGD. No. D. L. (N) 04/0007/2003—05 PUBLISHED BY AUTHORITY WEEKLY

] — —

No. 32] NEW DELHI, AUGUST 6— AUGUST 12, 2017, SATURDAY/ SRAVANA 15—SRAVANA 21, 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)

—दण्ड प्रक्रिया संहिता, 1973 (1974 का अधिनियम सं. 2) की धारा 24 की उप धारा (8) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए कें द्र सरकार श्री भारत बी. बादामी, एडवोके ट को, मुम्बई, महाराष्ट्र के विशेष न्यायालय (सीबीआई के स) में दिल्ली विशेष पुलिस स्थापना (के .अ.ब्यूरो) द्वारा दायर आरसी 12(एस)/2015, सीबीआई, एससी-I, नई दिल्ली (शीना बोरा हत्या के स) और अपील / संशोधन और उनसे जुड़े अन्य मामलों के अभियोजन के लिए उनकी नियुक्ति की तिथि से तीन वर्ष की अवधि के लिए अथवा काउं सेल को सौंपे गए मामले के निपटान तक अथवा अगले आदेशों तक, जो भी पहले हो, विशेष लोक अभियोजक के रूप में नियुक्त करती है।

[

II] 4607 GI/2017

(4565)4566 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 31st July, 2017

S.O. 1803.—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 Bharat B. Badami, Advocate as Special Public Prosecutor for conducting prosecution of RC 12(S)/2015, CBI, SC-I, New Delhi (Sheena Bora Murder case) instituted by the Delhi Special Police Establishment (C.B.I.) in the Special Court (CBI Cases) at, Mumbai, Maharashtra and appeals / revisions and other matters connected therewith and incidental thereto for a period of three years from the date of appointment or disposal of the case entrusted to the counsel or till further orders whichever is earlier.

[F. No. 225/03/2017-AVD-II]

S. P. R. TRIPATHI, Under Secy.

—

MINISTRY OF FINANCE

(Department of Revenue)

New Delhi, the 1st August, 2017

S.O. 1804.—In pursuance of Sub-rule (4) of Rule 10 of the Official Language (Use for Official Purpose of the Union) Rules, 1976, the Central Government hereby notifies the Directorate General of Vigilance (Hqrs), Central Board of Excise & Customs, New Delhi; North Zonal Unit, Directorate General of Vigilance, Central Board of Excise & Customs, New Delhi and Lucknow Zonal Unit, Directorate General of Vigilance, Central Board of Excise & Customs, Lucknow under the Department of Revenue, where more than 80 percent staff has acquired the working knowledge of Hindi.

[F. No. E-11017/1/2016-AD (Hindi-4)]

Dr. SATISH CHANDRA, Jt. Director (O.L.)

(वित्तीय सेवाएं विभाग)

नई दिल्ली, 4 अगस्त, 2017

का.आ. 1805.—भारतीय लघु उद्योग विकास बैंक अधिनियम, 1989 (1989 का 39) की धारा 6 की उप-धारा (2) के साथ

पठित धारा 6 की उप-धारा (1) के खंड (क) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, के न्द्रीय सरकार, एतद्द्वारा, श्री मोहम्मद मुस्तफा,

आईएएस (यूपी:1995), संयुक्त सचिव, वित्तीय सेवाएं विभाग को पदभार ग्रहण करने की तारीख से तीन वर्ष की अवधि के लिए अथवाII (ii) 4567 अगले आदेशों तक, जो भी पहले हो, भारतीय लघु उद्योग विकास बैंक (सिडबी) के अध्यक्ष एवं प्रबंध निदेशक (सीएमडी) के पद पर नियुक्त करती है।

[फा.सं. 17/4/2017-आईएफ-II]

सौम्यजित घोष, अवर सचिव

(Department of Financial Services)

New Delhi, the 4th August, 2017

S.O. 1805.—In exercise of the powers conferred by clause (a) of sub-section (1) of Section (6) read with sub- section (2) of Section 6 of the Small Industries Development Bank of India Act, 1989 (39 of 1989), the Central Government hereby appoints Shri Mohammad Mustafa, IAS (UP:1995), Joint Secretary, Department of Financial Services as Chairman & Managing Director (CMD) in Small Industries Development Bank of India (SIDBI) on deputation basis, for a period of three years from the date of taking over charge of the post, or until further orders, whichever is earlier.

[F. No. 17/4/2017-IF-II]

SOUMYAJIT GHOSH, Under Secy.

—

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 25th July, 2017

S.O. 1806.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Manish Kumar, Assistant Section Officer as Assistant Consular Officer in Consulate General of India, St. Petersburg to perform the Consular services with effect from 25th July, 2017.

[No. T-4330/01/2017]

PRAKASH CHAND, Director (Consular)4568 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] रेल मंत्रालय

(रेलवे बोर्ड)

नई दिल्ली, 6 अप्रैल, 2017

का.आ. 1807.—रेल मंत्रालय (रेलवे बोर्ड), राजभाषा नियम 1976 (संघ के शासकीय प्रयोजनों के लिए प्रयोग) के नियम 10 के उपनियम(2) और (4) के अनुसरण में मध्य रेलवे के सोलापुर मंडल के लातुर रेलवे स्टेशन कार्यालय, जहां 80 प्रतिशत से अधिक अधिकारियों/कर्मचारियों ने हिंदी का कार्यसाधक ्ान प्राप्त कर लिया है, को एतद्द्वारा अधिसूचित करता है।

[सं. हिंदी 2015/रा.भा.-1/12/2]

के . पी. सत्यानंदन, निदेशक (राजभाषा )

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

New Delhi, the 6th April, 2017

S.O. 1807.—Ministry of Railways (Railway Board) in pursurance of Sub Rule(2) and (4) of Rule 10 of the Official Language Rules, 1976 (use for the Official purposes of the Union) hereby, notify the Latur Railway Station Office of Solapur Division of Central Railway, where 80% or more Officers/Employeess have acquired the working knowledge of Hindi.

[No. Hindi 2015/O.L.-1/12/2] K. P. SATHYANANDAN, Director (O.L.)

नई दिल्ली, 8 जून, 2017

का.आ. 1808.—रेल मंत्रालय (रेलवे बोर्ड), राजभाषा नियम 1976 (संघ के शासकीय प्रयोजनों के लिए प्रयोग) के नियम 10 के उपनियम(2) और (4) के अनुसरण में दिल्ली स्थित राइट्स लिमिटेड के निरीक्षण कार्यालय, उत्तरी क्षेत्र, दिल्ली जहां 80 प्रतिशत से अधिक अधिकारियों/कर्मचारियों ने हिंदी का कार्यसाधक ्ान प्राप्त कर लिया है, को एतद्द्वारा अधिसूचित करता है।

[सं. हिंदी 2015/रा.भा.-1/12/2 भाग-I]

के . पी. सत्यानंदन, निदेशक (राजभाषा)

New Delhi, the 8th June, 2017

S.O. 1808.—Ministry of Railways (Railway Board) in pursurance of Sub Rule(2) and (4) of Rule 10 of the Official Language Rules, 1976 (use for the Official purposes of the Union) hereby, notify the RITES LIMITED, Inspection Office, North Region, Delhi, where 80% or more Officers/Employeess have acquired the working knowledge of Hindi.

[No. Hindi 2015/O.L.-1/12/2 Pt.-I]

K. P. SATHYANANDAN, Director (O.L.)

नई दिल्ली, 2 अगस्त, 2017

का.आ. 1809.—रेल मंत्रालय (रेलवे बोर्ड), राजभाषा नियम 1976 (संघ के शासकीय प्रयोजनों के लिए प्रयोग) के नियम 10 के उपनियम(2) और (4) के अनुसरण में मंडल रेल प्रबंधक कार्यालय/ रांची, दक्षिण पूर्व रेलवे, जहां 80 प्रतिशत से अधिक अधिकारियों/कर्मचारियों ने हिंदी का कार्यसाधक ्ान प्राप्त कर लिया है, को एतद्द्वारा अधिसूचित करता है।

[सं. हिंदी 2015/रा.भा.-1/12/2 भाग-II]

के . पी. सत्यानंदन, निदेशक (राजभाषा)II (ii) 4569

New Delhi, the 2nd August, 2017

S.O. 1809.—Ministry of Railways (Railway Board) in pursurance of Sub Rule(2) and (4) of Rule 10 of the Official Language Rules, 1976 (use for the Official purposes of the Union) hereby, notify the Divisonal Railway Manager`s, Ranchi Office of South Eastern Railway, where 80% or more Officers/Employeess have acquired the working knowledge of Hindi.

[No. Hindi 2015/O.L.-1/12/2 Pt.-II]

K. P. SATHYANANDAN, Director (O.L.) नई दिल्ली, 27 जुलाई, 2017 केंद्रीय सरकार, राजभा ाा (संघ के षासकीय प्रयोजनों के लिए प्रयोग) नियम, 1976 के नियम 10 के उप नियम (4) के अनुसरण में विद्युत मंत्रालय के प्रषासनिक नियंत्रणाधीन एसजेवीएन लिमिटेड के एसजेवीएन थर्मल प्रा. लिमिटेड, बक्सर थर्मल पावर प्रोजेक्ट, द्वितीय तल, नवदुर्गा कॉम्पलेक्स, अम्बेडकर चौक, बक्सर (बिहार)-802103 तथा देवसारी जल विद्युत परियोजना, एसजेवीएन लिमिटेड, डाकघर-थराली, जिला-चमोली, उत्तराखण्ड, जिनके 80 प्रतिषत कर्मचारीवृंद ने हिंदी का कार्यसाधक ज्ञान प्राप्त कर लिया है, को एतद्‌द्वारा अधिसूचित करती है।

अंजू भल्ला, संयुक्त सचिव (प्रषा.)

MINISTRY OF POWER

New Delhi, the 27th July, 2017

S.O. 1810.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the Union) Rules, 1976, the Central Government hereby notify BUXAR THERMAL POWER PROJECT, 2nd Floor Navdurga Complex, Ambedkar Chowk, Buxer (Bihar)-802103 and DEVSARI HYDRO ELECTRIC PROJECT, SJVN Ltd., Post Office-Tharali, Dist-Chamoli, Uttarakhand of the SJVN Ltd. Under the administrative control of Minisrty of Power, where 80% of the staff have acquired working knowledge of Hindi.

[No. 11017/10/2013-Hindi]

ANJU BHALLA, Jt. Secy. (Adm.)

पेट्रोलियम और प्राकृ तिक गैस मंत्रालय

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1811.—के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि में जो इस से उपाबद्ध अनुसूची में वर्णित है और जिसमें उक्त पाइपलाइन बिछाए जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उस में4570 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील - रणपुर जिला - नयागढ़ राज्य -ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
नरसिंहपुर                    2868                 00         02          63
                             2869                 00         05          68
                             2870                 00         04          03
                           2870/4019              00         01          42
                             2823                 00         00          70
                             2824                 00         05          99
                             2822                 00         00          97
                             2821                 00         02          53
                             2820                 00         01          95
                             2818                 00         01          51
                             2819                 00         02          13
                             2795                 00         04          20
                             2792                 00         00          16
                             2791                 00         02          10
                             2783                 00         02          27
                             2782                 00         01          88
                             2949                 00         00          20
                             2775                 00         04          93
                             2962                 00         00          92
                             2774                 00         02          66
                             2773                 00         03          47
                             2963                 00         00          24
2964 00 02 36 II (ii) 4571 2970 00 01 90 2971 00 01 97
  2972                 00         01         87
  2974                 00         04         04
  2975                 00         00         10
2975/4164              00         01         12
  2765                 00         01         22
  2764                 00         01         21
2967/4043              00         01         06
  2754                 00         01         01
2754/4029              00         00         87
  2753                 00         02         48
  2979                 00         00         80
  2751                 00         07         87
  3012                 00         00         95
  3013                 00         01         27
  3011                 00         00         10
  3014                 00         02         44
  3015                 00         03         24
  3033                 00         01         70
  3032                 00         03         32
  3039                 00         00         63
  3031                 00         06         78
  3030                 00         00         10
  4040                 00         01         72
  3040                 00         01         76
  3042                 00         01         85
3042/4158              00         01         59
  3046                 00         03         44
3043 00 00 63 4572 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

3045 00 00 873044 00 03 44

  3065                 00         02         80
  3066                 00         00         10
  3070                 00         01         58
  3071                 00         02         12
  3074                 00         02         22
  3075                 00         04         16
  3076                 00         00         41
  3104                 00         00         27
  3103                 00         04         07
  3102                 00         02         60
  3170                 00         01         45
  3159                 00         03         47
  3169                 00         01         30
3169/4154              00         00         88
  3168                 00         00         18
  3160                 00         05         24
  3157                 00         01         29
  3156                 00         02         52
  3155                 00         01         54
  3154                 00         00         37
  3145                 00         04         89
  3144                 00         01         52
  3146                 00         03         21
  3133                 00         00         10
  3131                 00         03         08
  3127                 00         03         94
  2543                 00         00         10
2544 00 06 26 II (ii) 4573 2561 00 00 95 2558 00 06 11
2559                 00        05          91
2557                 00        02          76
2560                 00        00          11
2556                 00        00          22
2563                 00        02          81
2564                 00        02          03
2588                 00        04          00
2566                 00        00          51
2567                 00        02          49
2568                 00        03          96
2569                 00        03          77
2570                 00        02          04
2573                 00        03          14
2574                 00        01          59
2575                 00        04          30
4014                 00        00          79
2578                 00        00          54
2330                 00        00          78
2581                 00        00          62
2331                 00        00          55
2205                 00        05          01
2211                 00        00          36
2204                 00        05          44
2178                 00        03          27
2179                 00        04          13
2180                 00        00          84
2168                 00        01          08
2167 00 02 45 4574 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2166 00 01 82 2157 00 00 10
  2165                 00         05         75
  2171                 00         00         68
  2164                 00         05         91
  2163                 00         00         13
  2162                 00         05         12
  2172                 00         00         69
  2110                 00         01         65
2110/4004              00         02         62
  2111                 00         02         05
  2112                 00         06         22
  2113                 00         00         10
  2086                 00         07         29
  2087                 00         00         16
  2076                 00         04         47
  2075                 00         07         26
  2065                 00         00         15
  2064                 00         06         15
  1913                 00         04         08
  1914                 00         00         24
  1920                 00         03         61
  1921                 00         03         31
  1922                 00         05         09
  1923                 00         05         24
  1927                 00         00         12
  1924                 00         02         54
  1858                 00         04         02
  1925                 00         00         37
1857 00 03 70 II (ii) 4575 1856 00 07 55 1855 00 02 16
  1838                 00         00         60
  1839                 00         05         96
  1840                 00         06         92
  1835                 00         02         84
  1841                 00         00         24
  1830                 00         0          10
  1829                 00         04         21
1829/4256              00         04         21
  1824                 00         00         46
  1828                 00         03         25
  1827                 00         02         81
  1826                 00         00         63
  1695                 00         01         15
  1696                 00         04         75
  1702                 00         04         23
  1701                 00         00         10
  1722                 00         00         10
  1723                 00         01         51
  1724                 00         02         57
  1725                 00         02         51
  1719                 00         00         11
  1718                 00         01         17
  1717                 00         01         66
  1716                 00         03         48
  1730                 00         00         27
  1731                 00         00         10
  1713                 00         04         20
1733 00 04 02 4576 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1734 00 01 66 1735 00 03 56
                              50                  00        05          28
                              46                  00        01          67
                              43                  00        00          65
                              47                  00        01          58
                              48                  00        04          68
                              40                  00        07          66
                              41                  00        00          10
                              39                  00        03          00
                              32                  00        00          44
                              33                  00        03          13
                              35                  00        01          71
                              36                  00        01          98
करड़ापलि                      145                 00        11          58
                              148                 00        02          88
                              149                 00        02          96
                              159                 00        04          18
                              151                 00        04          42
                              154                 00        04          37
                              175                 00        03          26
                              176                 00        08          80
                              190                 00        01          56
                              189                 00        02          43
                              194                 00        00          15
                              195                 00        04          27
                              193                 00        00          10
                              198                 00        04          16
238 00 17 16 239 00 01 40 II (ii) 4577 224 00 00 10 222 00 01 59
                            221                  00        02          14
                            218                  00        03          72
                            220                  00        00          23
                            219                  00        02          31
                            217                  00        02          87
                            216                  00        00          22
                            215                  00        04          73
                            105                  00        02          44
                             96                  00        02          48
                             95                  00        01          44
                             94                  00        00          42
                           98/973                00        00          22
                             93                  00        02          25
                             92                  00        01          57
                             91                  00        00          30
                             97                  00        03          72
                             1                   00        03          33
लतार                        1182                 00        03          26
                            1165                 00        02          26
                            1178                 00        01          01
                            1177                 00        07          10
                            1174                 00        03          28
                            1173                 00        03          47
                            1147                 00        06          89
                            1144                 00        08          56
                            1143                 00        00          34
1116 00 09 80 4578 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1114 00 05 41 1120 00 09 67
  1083                 00         00         69
  1082                 00         02         95
  1087                 00         02         59
  1077                 00         06         77
  1078                 00         00         63
  1076                 00         01         82
  1007                 00         04         55
  1009                 00         05         86
1015/1208              00         07         19
  1018                 00         00         65
  1017                 00         05         81
  1024                 00         03         36
  1029                 00         01         27
1029/1239              00         00         94
1029/1243              00         02         11
  1035                 00         03         38
  1039                 00         04         03
  1044                 00         03         59
   325                 00         06         63
   323                 00         03         35
   324                 00         03         60
   316                 00         03         23
   315                 00         02         42
   313                 00         02         50
   312                 00         01         09
 312/1254              00         01         14
   306                 00         05         74
310 00 00 10 II (ii) 4579 307 00 00 37 279 00 02 99
  277                  00        02          66
  276                  00        01          45
  270                  00        01          46
  265                  00        02          95
  266                  00        00          10
  255                  00        01          68
255/1200               00        00          64
  253                  00        02          98
  249                  00        01          33
  248                  00        01          57
  243                  00        02          71
  242                  00        00          10
  234                  00        02          22
  235                  00        00          33
  220                  00        03          41
  217                  00        00          16
  218                  00        04          05
  204                  00        04          00
  205                  00        02          20
  179                  00        04          00
  177                  00        00          65
  178                  00        01          34
  176                  00        05          20
  173                  00        03          18
  170                  00        01          31
  172                  00        03          15
  171                  00        00          50
116 00 07 52 4580 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 117 00 00 18 118 00 05 07
                              110                 00         03         90
                              119                 00         05         89
                              108                 00         01         09
                              109                 00         05         54
                              99                  00         02         64
                              100                 00         02         27
                              70                  00         02         42
बलरामपुर                      937                 00         00         16
                           937/1706               00         00         13
                              938                 00         08         08
                              936                 00         08         62
                              962                 00         01         76
                              963                 00         02         44
                              964                 00         00         77
                              965                 00         03         11
                              966                 00         01         38
                              961                 00         03         37
                              968                 00         04         61
                              969                 00         02         06
                           930/1640               00         00         20
                              930                 00         04         44
                             1025                 00         02         51
                              929                 00         00         45
                             1026                 00         04         64
                             1027                 00         09         43
                             1030                 00         01         98
1031 00 01 41 1029 00 05 15 II (ii) 4581 1054 00 07 83
  1053                 00        00          85
  1064                 00        07          78
  1065                 00        12          43
  1085                 00        01          01
  1086                 00        03          77
  1087                 00        05          50
  1091                 00        01          47
  1092                 00        02          63
  1095                 00        02          66
  1107                 00        03          62
  1108                 00        06          84
  1117                 00        05          15
  1118                 00        01          31
  1119                 00        00          10
  1120                 00        05          48
  1121                 00        00          81
  822                  00        05          34
  824                  00        00          73
  821                  00        04          10
  811                  00        05          84
  809                  00        04          86
804/1647               00        02          66
  802                  00        02          67
  759                  00        05          02
  754                  00        05          21
  753                  00        00          14
753/1669               00        01          23
  746                  00        07          81
745 00 02 40 4582 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 738 00 04 13 737 00 01 23
  730                  00        01          38
730/1673               00        02          53
  729                  00        00          37
  720                  00        04          59
  719                  00        02          00
  721                  00        00          10
  717                  00        05          30
  716                  00        07          82
  708                  00        06          26
  653                  00        00          97
  654                  00        03          58
  655                  00        00          52
  656                  00        03          81
  657                  00        02          98
  387                  00        00          40
387/1676               00        00          32
386/1568               00        05          55
  398                  00        19          64
  363                  00        02          53
363/1731               00        02          19
  364                  00        00          28
  365                  00        01          52
  366                  00        03          09
  367                  00        00          42
367/1661               00        03          79
  362                  00        00          10
362/1666               00        00          11
208 00 01 43 II (ii) 4583 199 00 09 31 200 00 04 31
                             197                  00        00          10
                             201                  00        05          23
                             190                  00        11          97
                             189                  00        00          42
                             191                  00        01          61
                              1                   00        07          98
                             66                   00        01          14
                             32                   00        07          73
                             60                   00        00          51
                           60/1678                00        00          51
                             33                   00        04          09
                             59                   00        01          54
                             35                   00        05          47
                           35/1719                00        01          12
                           35/1721                00        01          12
                             43                   00        00          87
                             44                   00        20          32
                             45                   00        00          29
                             46                   00        00          70
                             47                   00        01          12
                             48                   00        01          04
बांकपुर                      284                  00        02          94
                           284/650                00        01          43
                             285                  00        07          63
                             291                  00        00          44
                             289                  00        05          12
287 00 06 61 4584 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 277 00 05 21 276 00 05 62
                               268                 00         01         75
                               275                 00         00         90
                               269                 00         07         66
                               270                 00         09         43
                               255                 00         01         36
                               254                 00         02         54
                               253                 00         05         40
                               252                 00         00         59
                               251                 00         04         17
                               250                 00         00         87
                               249                 00         01         16
श्यामघन पुर                    637                 00         07         32
                               668                 00         6          92
                               667                 00         01         35
                               660                 00         05         06
                               665                 00         07         17
                               664                 00         01         81
                               649                 00         00          7
                               495                 00         06         28
                               496                 00         03         63
                               497                 00         02         26
                               494                 00         00         42
                               490                 00         14         08
                               478                 00         02         62
                               479                 00         00         32
                               467                 00         12         66
466 00 02 07 464 00 07 33 II (ii) 4585 465 00 03 72
जगन्नाथ पुर                    541                  00        01          96
                             541/731                00        00          77
                             541/732                00        05          74
                             541/744                00        00          32
                             541/751                00        00          32
                             541/797                00        00          45
                               543                  00        01          17
                               540                  00        06          28
                               539                  00        02          95
                               535                  00        00          94
                               531                  00        00          28
                             531/750                00        00          23
                             531/769                00        00          15
                               532                  00        05          59
                               513                  00        03          51
                               512                  00        03          03
                             512/730                00        02          46
                               509                  00        03          14
                               508                  00        06          55
                               496                  00        04          45
                               494                  00        05          37
                               485                  00        03          54
                             485/763                00        01          18
                               481                  00        02          77
                             481/771                00        01          66
                               479                  00        00          10
                               480                  00        02          08
                             480/777                00        02          81
4586 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 453 00 04 43 450 00 04 63
  435                 00         06         86
  427                 00         04         79
427/725               00         01         48
427/746               00         00         13
  424                 00         05         16
  416                 00         05         45
  409                 00         04         90
  410                 00         01         66
  395                 00         02         87
  391                 00         03         44
  393                 00         01         52
  392                 00         02         29
  390                 00         01         67
  376                 00         03         46
  375                 00         00         17
  370                 00         00         48
  371                 00         03         63
  362                 00         03         52
  361                 00         00         10
361/765               00         00         10
  359                 00         06         89
  350                 00         00         75
  349                 00         01         57
  348                 00         03         05
  345                 00         05         02
  342                 00         00         26
342/719               00         00         29
343 00 01 71 II (ii) 4587 86 00 09 67 87 00 04 48
                            87/724                00         01          13
                            87/727                00         01          86
                            87/741                00         01          72
                            87/742                00         02          81
                            87/743                00         01          13
                            87/783                00         00          71
                              89                  00         04          48
                              71                  00         00          10
                              70                  00         04          93
                              91                  00         00          91
                            68/705                00         00          10
                              69                  00         00          96
                              64                  00         01          85
                            64/711                00         01          06
                            64/712                00         02          12
                            64/713                00         02          12
                            64/740                00         00          10
                            51/680                00         00          19
                              52                  00         04          60
                              51                  00         03          15
                              53                  00         00          20
                              54                  00         04          04
                              56                  00         05          71
                              45                  00         06          16
सानगड़                       519                  00         03          04
                             527                  00         04          15
526 00 01 13 4588 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 528 00 03 07 525 00 02 92
                            513                  00        00          21
                            524                  00        05          95
                            523                  00        04          24
                            515                  00        07          06
                            516                  00        09          14
                            484                  00        09          66
                            486                  00        01          25
                          487/1708               00        03          13
                            488                  00        02          04
                            489                  00        01          02
                            494                  00        05          05
                            493                  00        01          13
                            426                  00        03          99
                            428                  00        08          78
                            415                  00        07          12
                            409                  00        00          86
                            410                  00        08          86
                            399                  00        04          59
                            360                  00        01          88
जदुपुर                      317                  00        01          58
                            293                  00        00          87
                            292                  00        03          39
                            291                  00        02          31
                            290                  00        03          19
                            289                  00        01          69
                            274                  00        06          92
288 00 00 10 II (ii) 4589 275 00 03 87 267 00 01 77
                             265                  00        05          79
                             266                  00        00          10
                             264                  00        02          74
                             256                  00        07          21
                              58                  00        03          28
                              57                  00        13          51
                              60                  00        06          42
                              40                  00        09          04
                              37                  00        01          84
                              34                  00        02          75
                              33                  00        00          18
                            32/335                00        00          34
                              35                  00        11          93
                              26                  00        04          43
                              27                  00        02          02
                              25                  00        02          23
                            27/334                00        00          10
                              13                  00        04          97
थाननगर                       384                  00        09          05
                             385                  00        01          03
                             386                  00        02          39
                           386/566                00        02          39
                             375                  00        03          98
                             374                  00        01          37
                           374/571                00        00          53
                             373                  00        08          01
372 00 00 31 4590 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 391 00 00 10 366 00 10 56
                             365                  00        03          39
                           362/551                00        00          10
                             362                  00        00          10
                             363                  00        00          61
                             364                  00        04          64
                             399                  00        04          94
                           399/582                00        03          26
                             316                  00        00          10
                             317                  00        08          12
                             318                  00        00          71
                             335                  00        01          79
                             334                  00        04          79
                             320                  00        05          64
                           320/539                00        00          60
                             311                  00        00          10
                             310                  00        04          15
                           310/545                00        03          13
                              1                   00        04          05
पिम्पल                      1552                  00        01          92
                            1213                  00        02          98
                            1212                  00        00          71
                          1212/1751               00        00          71
                            1210                  00        04          55
                            1208                  00        00          46
                          1208/1755               00        00          46
                          1208/1754               00        00          98
                          1208/1758               00        00          98
II (ii) 4591 1220 00 04 31 1207 00 11 34
                            1204                 00         04         29
                            1205                 00         02         16
                            1202                 00         00         92
                            1203                 00         02         76
                            1196                 00         05         27
                            1170                 00         00         21
                            1195                 00         05         24
                            1189                 00         06         99
                            1188                 00         00         10
                            1190                 00         00         49
                            1187                 00         04         47
                             105                 00         07         24
                             103                 00         00         76
                             104                 00         07         46
कं किया                     2554                 00         02         23
                            2555                 00         06         62
                            2559                 00         01         96
                            2560                 00         04         79
                            2561                 00         01         11
                            2562                 00         03         11
                            2551                 00         00         29
                            2572                 00         00         06
                            2563                 00         04         72
                            2564                 00         11         58
                            2542                 00         01         81
                            2535                 00         00         61
2534 00 09 46 4592 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2530 00 00 11 2531 00 03 94
  2532                 00         03         33
  2533                 00         01         64
  2522                 00         00         08
  2289                 00         01         39
  2288                 00         02         16
  2287                 00         02         75
  2286                 00         04         21
  2278                 00         00         34
  2279                 00         03         61
  2276                 00         08         49
  2275                 00         00         09
  2265                 00         07         65
  2266                 00         01         82
  2268                 00         00         10
  2255                 00         01         14
  2254                 00         01         77
  2235                 00         00         41
  2236                 00         00         85
  2234                 00         00         11
2233/2617              00         04         92
  2233                 00         07         07
  2230                 00         00         03
  2346                 00         01         70
  2229                 00         06         49
  2348                 00         00         48
  2227                 00         07         42
  2226                 00         05         83
2350 00 17 12 II (ii) 4593 2351 00 01 00 2352 00 21 73
  2369                 00         04         81
  2368                 00         04         07
  2367                 00         01         92
  2364                 00         08         38
  2365                 00         02         34
  2394                 00         01         57
  1926                 00         08         06
1926/2698              00         07         19
  1928                 00         00         60
  1958                 00         03         47
  1929                 00         02         67
  1957                 00         10         20
  1955                 00         02         25
  1956                 00         01         29
  1946                 00         01         88
  1951                 00         00         96
  1950                 00         00         03
  1949                 00         01         18
  1947                 00         09         39
  1945                 00         00         33
1812/2650              00         03         40
1812/2649              00         01         45
  1812                 00         01         98
  1820                 00         08         89
  1819                 00         00         88
  1821                 00         00         94
  1835                 00         03         96
1834 00 03 12 4594 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1833 00 01 80 1836 00 03 12
1837                 00        04          88
1831                 00        00          93
1838                 00        11          89
1840                 00        03          62
1839                 00        01          52
1841                 00        05          40
1842                 00        06          36
1830                 00        00          57
1843                 00        03          67
1844                 00        00          16
952                  00        04          20
953                  00        09          67
954                  00        03          58
946                  00        08          58
961                  00        02          60
965                  00        03          57
964                  00        01          43
966                  00        04          07
963                  00        00          32
967                  00        00          29
968                  00        07          62
972                  00        01          58
973                  00        02          53
974                  00        00          26
971                  00        01          40
969                  00        02          23
976                  00        00          61
970 00 01 29 II (ii) 4595 884 00 06 37
883                  00        00          02
887                  00        07          07
885                  00        02          35
2615                 00        01          67
886                  00        00          27
880                  00        03          32
875                  00        04          40
874                  00        00          97
876                  00        02          11
873                  00        06          86
725                  00        00          45
872                  00        00          07
870                  00        01          63
869                  00        05          69
871                  00        01          43
867                  00        03          66
866                  00        02          31
862                  00        04          89
863                  00        06          01
864                  00        00          10
821                  00        00          39
817                  00        06          80
816                  00        00          82
815                  00        00          26
818                  00        02          79
813                  00        00          12
814                  00        08          02
809                  00        06          60
808 00 01 75 4596 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 810 00 07 99
                              806                  00         00          08
                              805                  00         01          44
कोलथपांगी                     342                  00         01          85
                               51                  00         49          50
                              252                  00         00          55
                              261                  00         00          31
                               52                  00         12          63
                              143                  00         02          65
                              146                  00         03          85
                              145                  00         03          84
                             150/328               00         00          69
                              158                  00         05          65
                              157                  00         04          25
                              196                  00         00          03
                              161                  00         02          35
                              193                  00         02          48
                              194                  00         00          76
                              162                  00         00          01
                              192                  00         02          67
                              189                  00         02          16
                              190                  00         00          86
                              191                  00         01          00
                              283                  00         00          07
                              171                  00         09          68
                              172                  00         00          79
 बाउँ शगड़                    1961                 00         14          54
1962 00 02 07 II (ii) 4597 1975 00 07 28 1989 00 02 30
  1974                 00         02         72
1989/2257              00         02         43
  1991                 00         05         18
  1992                 00         06         35
  1973                 00         00         32
  1972                 00         00         17
  1895                 00         00         13
  1994                 00         23         73
  1993                 00         00         59
  1825                 00         05         36
  1826                 00         00         10
  1824                 00         02         25
  1813                 00         08         75
  1814                 00         08         04
  1782                 00         01         05
1782/2331              00         02         33
  1783                 00         01         09
1784/2239              00         00         38
  1781                 00         03         01
  1784                 00         01         19
  1780                 00         01         90
  1779                 00         03         98
  1777                 00         02         09
  1778                 00         03         58
  1741                 00         00         46
  1742                 00         09         08
  1746                 00         01         36
1743 00 00 68 4598 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1744 00 06 74 1713 00 01 54
  1714                 00        01          66
  1712                 00        04          04
  1706                 00        00          01
  867                  00        02          07
  1705                 00        04          84
  433                  00        04          85
  434                  00        07          90
  448                  00        03          38
  447                  00        02          75
  446                  00        00          66
  445                  00        04          43
  452                  00        00          76
  453                  00        02          40
  454                  00        06          44
  458                  00        02          61
  459                  00        02          57
  466                  00        14          47
466/2240               00        00          74
  351                  00        02          66
351/2484               00        01          44
  467                  00        03          42
  349                  00        04          67
350/2263               00        02          70
  347                  00        00          10
  348                  00        06          25
  297                  00        05          97
  296                  00        01          99
295 00 00 09 II (ii) 4599 567 00 08 61 566 00 01 74
  568                  00        11          89
  569                  00        02          01
  570                  00        00          03
  571                  00        02          10
  582                  00        00          56
  576                  00        03          99
  572                  00        03          80
  575                  00        02          19
575/2195               00        00          59
575/2205               00        01          95
  630                  00        05          34
  629                  00        06          27
  628                  00        05          38
  627                  00        00          43
  658                  00        02          47
658/2357               00        01          12
658/2329               00        00          94
  656                  00        00          04
  643                  00        05          14
  641                  00        00          17
  640                  00        07          27
  639                  00        08          88
645/2278               00        00          11
  637                  00        02          20
  732                  00        00          29
  733                  00        04          90
  734                  00        03          30
738 00 00 98 4600 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 739 00 03 53 740 00 01 85
                             741                  00        01          41
                             742                  00        01          54
                             743                  00        01          24
                             744                  00        01          10
                             745                  00        01          37
                             747                  00        00          55
                             746                  00        03          92
                             756                  00        01          12
                             808                  00        03          24
                             757                  00        00          16
                             807                  00        04          73
                             818                  00        02          37
                             819                  00        06          51
                             806                  00        04          33
                             822                  00        00          07
                           821/2200               00        01          323
                             821                  00        04          22
                             820                  00        01          03
                             865                  00        01          25
                             866                  00        04          22
काकलमा                       747                  00        01          95
                           747/1029               00        05          85
                           747/1325               00        01          35
                           747/1347               00        04          50
                             763                  00        00          78
                           747/1030               00        00          85
764 00 07 84 II (ii) 4601
766/1061               00        03          31
766/1060               00        04          75
  768                  00        11          64
  769                  00        00          11
  739                  00        02          00
739/1448               00        00          85
  738                  00        05          46
738/1449               00        01          14
  734                  00        00          81
734/1020               00        03          06
734/1021               00        01          25
  733                  00        03          58
  735                  00        00          65
  725                  00        05          07
  732                  00        10          29
  726                  00        02          79
726/1287               00        09          78
726/1323               00        01          14
  584                  00        01          09
  583                  00        00          96
  582                  00        00          77
  809                  00        06          51
  810                  00        08          23
  811                  00        00          60
  808                  00        02          78
  814                  00        08          00
  813                  00        00          10
  817                  00        05          15
  819                  00        01          55
818 00 06 67 4602 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 832 00 16 16
  833                  00         00          85
  838                  00         01          81
  826                  00         00          43
  506                  00         14          23
  510                  00         02          61
  504                  00         05          45
  516                  00         06          29
516/1435               00         02          03
516/1025               00         00          53
  517                  00         07          39
517/1414               00         02          20
517/1586               00         01          67
  522                  00         08          37
  491                  00         01          39
  471                  00         14          76
  470                  00         02          41
  469                  00         01          20
473/1193               00         00          53
  473                  00         01          54
473/1194               00         02          66
473/1195               00         04          96
473/1064               00         02          29
473/1207               00         01          04
473/1208               00         00          58
  474                  00         05          12
473/1209               00         02          03
 474/996               00         02          57
251/1246               00         00          10
251/1247               00         00          19
II (ii) 4603
252/1249               00         05         10
252/1248               00         01         95
  252                  00         00         80
252/1250               00         03         20
252/1251               00         01         43
  247                  00         00         54
  271                  00         15         18
  272                  00         02         28
  270                  00         02         72
  278                  00         00         76
  279                  00         03         22
  280                  00         00         10
  282                  00         03         16
  284                  00         07         93
  228                  00         03         40
228/1368               00         01         70
  285                  00         00         53
182/1116               00         12         78
182/1117               00         01         42
  182                  00         03         27
182/1115               00         04         00
  184                  00         12         58
  186                  00         09         80
  187                  00         04         06
  188                  00         04         02
  173                  00         18         11
  189                  00         00         59
189/1107               00         11         65
189/1106               00         07         95
173/1105               00         10         70
4604 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                           173/1104               00         02          67
                           173/1103               00         06          79
                           173/1102               00         00          10
                             168                  00         23          80
                           173/1099               00         01          86
                           173/1098               00         07          81
                           173/1097               00         11          31
                           171/1096               00         07          64
                           171/1095               00         07          01
                             160                  00         00          10
                             157                  00         04          11
                             139                  00         04          07
                           139/1401               00         00          76
                           139/1402               00         00          53
                             140                  00         08          06
                             141                  00         04          56
                           137/1121               00         11          79
                             136                  00         11          15
                           136/1581               00         02          99
                           136/1582               00         02          00
                             993                  00         01          64
मर्धकोट                     28/450                00         00          37
                            28/483                00         01          51
                            28/536                00         00          80
                              28                  00         02          30
                              26                  00         04          68
                              25                  00         05          31
                              24                  00         04          65
II (ii) 4605
गोपिनाथपुर                     323                 00         03          45
                             323/378               00         00          84
                             281/343               00         02          94
                               281                 00         05          31
                             281/341               00         03          33
                               282                 00         03          73
                               322                 00         05          35
                               321                 00         00          21
                             321/390               00         01          16
                             283/375               00         00          10
                               315                 00         00          10
                               316                 00         05          90
                               314                 00         06          61
                               298                 00         03          60
                               300                 00         06          80
                               302                 00         04          80
                               303                 00         04          53
                               306                 00         03          51
                               305                 00         06          85
                               304                 00         00          10
                               251                 00         02          94
                               250                 00         03          26
                             250/414               00         01          30
                             250/358               00         06          87
                               234                 00         00          94
                               237                 00         00          91
                               236                 00         04          43
                               235                 00         06          81
                               223                 00         11          20
222 00 09 22 4606 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 219 00 11 31 218 00 04 12
                           218/419               00         04         12
                           194/356               00         03         92
                           194/357               00         07         23
                             194                 00         00         19
                             193                 00         01         60
                             192                 00         11         68
                             191                 00         08         50
                             190                 00         06         10
                           188/348               00         02         16
                             188                 00         08         34
                             186                 00         05         23
                             187                 00         17         78
खतिआ                        3887                 00         03         76
                            3889                 00         04         37
                            3881                 00         04         78
                            3874                 00         03         92
                          3874/4663              00         03         92
                            3876                 00         01         55
                            3875                 00         04         63
                            3873                 00         00         37
                            3872                 00         00         28
                            3870                 00         10         23
                            3871                 00         04         18
                            3869                 00         18         44
                            3627                 00         06         41
                            3629                 00         04         59
3630 00 05 63 II (ii) 4607 3631 00 05 39 3715 00 05 83
  3716                 00         00         30
  3709                 00         01         06
  3707                 00         04         34
  3708                 00         00         40
  3704                 00         00         31
  3705                 00         04         29
  3703                 00         00         53
  3697                 00         02         47
  3698                 00         05         65
  3696                 00         00         98
3696/5870              00         00         48
  3695                 00         09         69
  3745                 00         00         10
3745/4607              00         00         10
  3747                 00         07         66
  3749                 00         04         79
  3750                 00         03         91
  3535                 00         01         12
  2542                 00         01         19
  3534                 00         01         10
  3479                 00         00         56
  3478                 00         02         04
  3477                 00         08         70
  3425                 00         00         13
  3426                 00         01         72
  3476                 00         01         59
  3475                 00         00         99
3430 00 05 60 4608 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

3463 00 00 113462 00 01 73

  3431                 00         01         14
  3461                 00         04         30
  3460                 00         05         11
  3454                 00         05         32
  3457                 00         00         29
  3456                 00         01         03
  3455                 00         01         50
  3443                 00         05         53
  3442                 00         00         10
3442/4344              00         01         84
  3054                 00         08         23
  3055                 00         01         16
  3053                 00         00         35
  3056                 00         08         54
  2961                 00         00         92
  2960                 00         05         82
  2959                 00         00         49
  2956                 00         03         48
  2958                 00         03         36
  2929                 00         05         30
  2928                 00         02         79
  2930                 00         02         38
  2927                 00         02         41
  2926                 00         06         80
  2921                 00         11         76
  2842                 00         01         58
  2843                 00         09         09
2846 00 00 10 II (ii) 4609

2845/4191 00 00 552845 00 00 13

  2803                 00         01         41
  2802                 00         00         44
  2804                 00         02         56
  2801                 00         00         10
  2805                 00         01         40
  2811                 00         00         64
  2800                 00         00         10
  2806                 00         01         25
  2807                 00         01         05
  2808                 00         01         29
  2809                 00         01         16
2811/4070              00         00         29
  2810                 00         00         10
  2739                 00         03         49
  2737                 00         00         76
  2740                 00         04         13
  2736                 00         00         31
  2735                 00         03         47
  2684                 00         01         76
  2685                 00         03         94
  2733                 00         00         25
  2686                 00         04         81
  2683                 00         01         21
  2687                 00         09         84
  1612                 00         06         88
  1597                 00         04         74
  1611                 00         00         20
1613 00 02 40 4610 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1610 00 00 10 1609 00 01 05
  1614                 00         04         50
  1615                 00         00         52
  1605                 00         00         12
  1604                 00         00         10
  1616                 00         01         11
  1603                 00         01         27
  1618                 00         03         00
  1602                 00         01         28
  1619                 00         11         07
  1498                 00         00         36
1619/4144              00         01         61
1621/4136              00         00         30
  1620                 00         04         67
  1471                 00         00         17
  1477                 00         00         85
  1476                 00         10         67
  1484                 00         00         42
  1486                 00         00         66
  1437                 00         06         46
  1436                 00         00         24
  1435                 00         04         01
1435/4287              00         04         47
  1434                 00         01         35
  1412                 00         03         85
  1411                 00         00         10
  1413                 00         03         28
1414/4133              00         01         24
1415 00 00 36 II (ii) 4611 1414 00 03 98 1397 00 02 62
  1398                 00         00         44
  1388                 00         05         07
  1387                 00         01         24
  1386                 00         00         87
  1385                 00         01         30
  1379                 00         01         86
  1380                 00         04         27
  1376                 00         00         74
  1381                 00         02         32
  1382                 00         00         41
  1648                 00         00         92
  1649                 00         00         91
  1650                 00         01         11
  1688                 00         01         46
  1706                 00         09         18
  1689                 00         01         41
  1690                 00         03         70
1690/4420              00         00         90
1690/4595              00         01         63
1690/5900              00         01         63
  1702                 00         05         58
1702/4596              00         01         82
  1701                 00         00         85
  1703                 00         08         19
  1774                 00         01         87
  1766                 00         08         62
  1765                 00         00         12
1768 00 09 30 4612 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1764 00 07 85
टनकापलि                       35                   00        03          22
                              39                   00        03          82
                              36                   00        01          60
                              38                   00        00          10
                             37/576                00        04          96
                              40                   00        01          57
                             40/617                00        00          35
                             40/629                00        00          29
                             40/631                00        01          34
                              42                   00        08          93
                             42/416                00        01          59
                             42/604                00        01          89
                             42/628                00        01          72
                             42/630                00        01          03
                              48                   00        05          04
                              47                   00        05          50
                              43                   00        00          93
                              45                   00        10          08
                              44                   00        00          62
                              56                   00        21          12
                              117                  00        02          24
                              140                  00        04          46
                              160                  00        03          48
                              159                  00        01          75
                              161                  00        01          95
                              158                  00        00          10
                              157                  00        04          06
156 00 04 2 II (ii) 4613

155 00 00 45154 00 03 64

  171                 00         00         17
  172                 00         06         67
  152                 00         00         97
  173                 00         00         21
  151                 00         02         11
  179                 00         00         31
  150                 00         01         61
  149                 00         04         15
  180                 00         05         57
  188                 00         03         75
  186                 00         00         45
  187                 00         10         38
  198                 00         09         08
  193                 00         00         98
197/584               00         03         56
  196                 00         08         18
  282                 00         00         10
283/553               00         03         85
  283                 00         02         78
  288                 00         00         86
  291                 00         01         17
  292                 00         01         31
  296                 00         02         81
  297                 00         02         40
  298                 00         02         68
  299                 00         02         34
  300                 00         02         33
301 00 01 71 4614 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

गोड़िमड़ा 1274 00 05 901273 00 01 04

  1272                 00         00         40
  1271                 00         07         10
  1270                 00         07         31
  1269                 00         04         10
  1282                 00         05         27
  1285                 00         22         38
1285/2000              00         09         77
  1292                 00         05         70
  1293                 00         03         82
  1294                 00         00         68
  1295                 00         08         06
1297/1942              00         00         88
1297/1943              00         02         88
  1297                 00         05         32
  1298                 00         02         49
  1760                 00         04         98
  1300                 00         01         55
  1754                 00         10         54
  1755                 00         00         10
  1753                 00         03         09
  1752                 00         04         50
  1751                 00         04         89
  1742                 00         01         53
  1620                 00         02         75
  1619                 00         01         58
  1618                 00         01         12
1614/1963              00         02         10
1616 00 02 08 II (ii) 4615 1615 00 03 19 1614 00 04 98
1610                 00        03          46
1611                 00        04          35
1606                 00        02          09
1604                 00        03          38
1605                 00        01          57
1602                 00        02          37
1594                 00        08          01
1593                 00        00          10
1592                 00        03          66
1589                 00        00          10
1590                 00        02          62
1569                 00        16          78
1575                 00        00          30
1574                 00        01          59
1572                 00        01          35
1571                 00        03          38
1570                 00        08          94
1579                 00        00          10
1550                 00        01          95
1551                 00        06          74
1554                 00        03          66
1553                 00        01          59
1555                 00        04          21
1541                 00        00          17
1540                 00        01          29
1539                 00        02          71
1538                 00        01          83
1537 00 02 88 4616 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1512 00 01 79 1513 00 14 95
                             1514                 00         06          05
                           1463/1902              00         03          01
                             1467                 00         01          75
                             1494                 00         06          08
                             1493                 00         06          29
                             1492                 00         04          96
                             1488                 00         04          07
                             1487                 00         01          17
                             1473                 00         00          76
                             1477                 00         11          80
मालिसाहि                     1178                 00         02          25
                             1168                 00         00          77
                             1167                 00         01          15
                             1166                 00         00          64
                             1141                 00         00          40
                           1141/1562              00         03          60
                             1143                 00         01          09
                             1144                 00         06          23
                             1145                 00         03          85
                             1150                 00         00          10
                             1153                 00         00          10
                             1152                 00         01          49
                             1151                 00         02          26
                             1119                 00         01          36
                           1119/1564              00         01          59
                             1118                 00         02          32
                           1118/1654              00         00          66
II (ii) 4617 1117 00 00 97
  1085                 00        00          10
  1116                 00        01          21
  1114                 00        01          81
  1115                 00        00          85
  1113                 00        04          02
  1088                 00        04          02
  1089                 00        03          74
  1092                 00        00          29
  1091                 00        00          88
  1090                 00        00          88
  680                  00        00          18
  698                  00        01          29
  682                  00        06          47
  683                  00        06          47
  685                  00        08          32
  692                  00        00          10
  686                  00        00          10
  687                  00        11          77
  688                  00        01          20
  471                  00        02          10
  468                  00        01          84
  467                  00        00          93
  469                  00        03          60
  470                  00        01          16
  258                  00        02          84
  257                  00        00          29
259/1552               00        00          29
  259                  00        14          45
143 00 00 25 4618 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

143/1610 00 00 16142 00 02 93

                             144                  00         02         66
                             140                  00         00         61
                             145                  00         03         04
                             152                  00         00         10
                             146                  00         03         60
                             129                  00         00         73
                             128                  00         01         82
                             130                  00         01         00
                             131                  00         00         21
                             127                  00         04         71
                             126                  00         04         03
                             100                  00         03         56
                              99                  00         03         03
                              73                  00         04         95
                            73/1545               00         07         62
                              74                  00         05         70
                              72                  00         00         25
                              71                  00         02         81
                              64                  00         02         76
                              65                  00         03         56
                              66                  00         07         18
                              67                  00         03         09
रंकदेउलि                     266                  00         00         94
                           266/1979               00         00         99
                             267                  00         08         03
                             268                  00         03         51
168 00 00 17 II (ii) 4619 167 00 02 68 166 00 02 29
  170                  00        00          10
  164                  00        02          67
  165                  00        01          76
  161                  00        01          67
  162                  00        03          56
  160                  00        07          02
160/1980               00        01          24
160/2066               00        06          40
157/1760               00        00          19
  156                  00        03          16
156/1970               00        03          15
  157                  00        00          85
  138                  00        00          84
  136                  00        00          82
  135                  00        00          37
  134                  00        03          02
  139                  00        04          60
  133                  00        05          86
  140                  00        00          25
  128                  00        02          58
  129                  00        01          03
  130                  00        01          59
  106                  00        00          93
  107                  00        01          63
  103                  00        01          04
  108                  00        02          02
  102                  00        01          73
101 00 02 40 4620 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 94 00 00 71 100 00 02 37
                           95/1856                00        00          65
                              96                  00        04          70
                              95                  00        00          58
                              85                  00        04          63
                              83                  00        03          22
                              57                  00        00          10
                           57/1846                00        03          11
                              58                  00        02          21
                              59                  00        03          31
                              61                  00        03          39
                              60                  00        00          10
                              62                  00        00          10
                              63                  00        01          81
                              64                  00        02          62
                              16                  00        00          79
                              65                  00        02          89
                              66                  00        02          94
                              15                  00        00          55
बादभुइँ                   1198/1361               00        01          20
                          1198/1411               00        01          56
                          1198/1412               00        10          06
                             1198                 00        20          74
                             1200                 00        03          05
                             1199                 00        00          15
                             1165                 00        01          57
                          1165/1365               00        00          24
1154 00 00 17 II (ii) 4621 1155 00 02 05
1156                 00        00          95
1153                 00        00          43
1157                 00        03          30
1158                 00        03          05
1159                 00        02          65
1118                 00        04          09
1106                 00        03          83
1115                 00        00          10
376                  00        11          60
1111                 00        05          75
380                  00        02          34
381                  00        02          21
379                  00        02          06
378                  00        01          18
382                  00        03          64
383                  00        00          10
325                  00        00          96
326                  00        02          26
327                  00        01          22
328                  00        01          96
323                  00        01          20
324                  00        02          56
404                  00        06          44
403                  00        00          47
406                  00        01          37
407                  00        04          58
408                  00        01          09
410                  00        00          59
409 00 01 19 4622 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 412 00 00 43
  411                  00        00          91
  415                  00        03          26
  427                  00        00          21
  430                  00        01          38
  429                  00        02          85
  426                  00        00          10
  428                  00        08          58
  438                  00        02          29
  584                  00        00          16
  444                  00        01          97
  583                  00        09          88
  580                  00        09          98
  567                  00        00          10
  564                  00        00          93
  563                  00        06          43
  560                  00        00          80
  561                  00        02          43
  562                  00        00          36
  193                  00        02          96
  559                  00        01          62
  558                  00        00          51
  682                  00        01          34
  683                  00        05          58
  684                  00        01          79
  685                  00        02          28
  688                  00        00          10
  687                  00        02          44
687/1414               00        01          22
689 00 00 69 II (ii) 4623 690 00 02 53
  691                  00        02          63
  695                  00        00          10
  918                  00        01          23
  763                  00        02          54
  762                  00        04          92
  759                  00        01          46
  760                  00        07          16
  715                  00        01          80
  757                  00        01          07
  719                  00        06          46
  756                  00        00          10
  723                  00        03          99
  722                  00        00          51
  724                  00        09          78
  725                  00        00          64
  727                  00        08          46
727/1380               00        00          52
  728                  00        07          94
  737                  00        05          24
  731                  00        00          31
  732                  00        01          21
  734                  00        03          51
  735                  00        00          90
  829                  00        01          57

[फा.सं. आर-25011/25/2017-ओआर-I/13717]

पवन कु मार, अवर सचिव4624 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 3rd August, 2017

S.O. 1811.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana),"Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : RANAPUR District : NAYAGARH State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
NARASINHAPUR                          2868                 00        02        63
                                      2869                 00        05        68
                                      2870                 00        04        03
                                    2870/4019              00        01        42
                                      2823                 00        00        70
                                      2824                 00        05        99
                                      2822                 00        00        97
                                      2821                 00        02        53
                                      2820                 00        01        95
                                      2818                 00        01        51
                                      2819                 00        02        13
                                      2795                 00        04        20
                                      2792                 00        00        16
                                      2791                 00        02        10
                                      2783                 00        02        27
                                      2782                 00        01        88
                                      2949                 00        00        20
                                      2775                 00        04        93
2962 00 00 92 2774 00 02 66 II (ii) 4625 2773 00 03 47 2963 00 00 24
  2964                 00         02        36
  2970                 00         01        90
  2971                 00         01        97
  2972                 00         01        87
  2974                 00         04        04
  2975                 00         00        10
2975/4164              00         01        12
  2765                 00         01        22
  2764                 00         01        21
2967/4043              00         01        06
  2754                 00         01        01
2754/4029              00         00        87
  2753                 00         02        48
  2979                 00         00        80
  2751                 00         07        87
  3012                 00         00        95
  3013                 00         01        27
  3011                 00         00        10
  3014                 00         02        44
  3015                 00         03        24
  3033                 00         01        70
  3032                 00         03        32
  3039                 00         00        63
  3031                 00         06        78
  3030                 00         00        10
  4040                 00         01        72
  3040                 00         01        76
  3042                 00         01        85
3042/4158              00         01        59
  3046                 00         03        44
  3043                 00         00        63
  3045                 00         00        87
  3044                 00         03        44
  3065                 00         02        80
  3066                 00         00        10
  3070                 00         01        58
3071 00 02 12 4626 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 3074 00 02 22 3075 00 04 16
  3076                 00         00        41
  3104                 00         00        27
  3103                 00         04        07
  3102                 00         02        60
  3170                 00         01        45
  3159                 00         03        47
  3169                 00         01        30
3169/4154              00         00        88
  3168                 00         00        18
  3160                 00         05        24
  3157                 00         01        29
  3156                 00         02        52
  3155                 00         01        54
  3154                 00         00        37
  3145                 00         04        89
  3144                 00         01        52
  3146                 00         03        21
  3133                 00         00        10
  3131                 00         03        08
  3127                 00         03        94
  2543                 00         00        10
  2544                 00         06        26
  2561                 00         00        95
  2558                 00         06        11
  2559                 00         05        91
  2557                 00         02        76
  2560                 00         00        11
  2556                 00         00        22
  2563                 00         02        81
  2564                 00         02        03
  2588                 00         04        00
  2566                 00         00        51
  2567                 00         02        49
  2568                 00         03        96
  2569                 00         03        77
  2570                 00         02        04
2573 00 03 14 2574 00 01 59 II (ii) 4627 2575 00 04 30
  4014                 00         00        79
  2578                 00         00        54
  2330                 00         00        78
  2581                 00         00        62
  2331                 00         00        55
  2205                 00         05        01
  2211                 00         00        36
  2204                 00         05        44
  2178                 00         03        27
  2179                 00         04        13
  2180                 00         00        84
  2168                 00         01        08
  2167                 00         02        45
  2166                 00         01        82
  2157                 00         00        10
  2165                 00         05        75
  2171                 00         00        68
  2164                 00         05        91
  2163                 00         00        13
  2162                 00         05        12
  2172                 00         00        69
  2110                 00         01        65
2110/4004              00         02        62
  2111                 00         02        05
  2112                 00         06        22
  2113                 00         00        10
  2086                 00         07        29
  2087                 00         00        16
  2076                 00         04        47
  2075                 00         07        26
  2065                 00         00        15
  2064                 00         06        15
  1913                 00         04        08
  1914                 00         00        24
  1920                 00         03        61
  1921                 00         03        31
  1922                 00         05        09
1923 00 05 24 4628 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1927 00 00 12 1924 00 02 54
  1858                 00         04        02
  1925                 00         00        37
  1857                 00         03        70
  1856                 00         07        55
  1855                 00         02        16
  1838                 00         00        60
  1839                 00         05        96
  1840                 00         06        92
  1835                 00         02        84
  1841                 00         00        24
  1830                 00         0         10
  1829                 00         04        21
1829/4256              00         04        21
  1824                 00         00        46
  1828                 00         03        25
  1827                 00         02        81
  1826                 00         00        63
  1695                 00         01        15
  1696                 00         04        75
  1702                 00         04        23
  1701                 00         00        10
  1722                 00         00        10
  1723                 00         01        51
  1724                 00         02        57
  1725                 00         02        51
  1719                 00         00        11
  1718                 00         01        17
  1717                 00         01        66
  1716                 00         03        48
  1730                 00         00        27
  1731                 00         00        10
  1713                 00         04        20
  1733                 00         04        02
  1734                 00         01        66
  1735                 00         03        56
   50                  00         05        28
46 00 01 67 43 00 00 65 II (ii) 4629 47 00 01 58 48 00 04 68
                                      40                  00        07        66
                                      41                  00        00        10
                                      39                  00        03        00
                                      32                  00        00        44
                                      33                  00        03        13
                                      35                  00        01        71
                                      36                  00        01        98
KARARAPALI                            145                 00        11        58
                                      148                 00        02        88
                                      149                 00        02        96
                                      159                 00        04        18
                                      151                 00        04        42
                                      154                 00        04        37
                                      175                 00        03        26
                                      176                 00        08        80
                                      190                 00        01        56
                                      189                 00        02        43
                                      194                 00        00        15
                                      195                 00        04        27
                                      193                 00        00        10
                                      198                 00        04        16
                                      238                 00        17        16
                                      239                 00        01        40
                                      224                 00        00        10
                                      222                 00        01        59
                                      221                 00        02        14
                                      218                 00        03        72
                                      220                 00        00        23
                                      219                 00        02        31
                                      217                 00        02        87
                                      216                 00        00        22
                                      215                 00        04        73
                                      105                 00        02        44
                                      96                  00        02        48
                                      95                  00        01        44
94 00 00 42 4630 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

98/973 00 00 2293 00 02 25

                                    92                 00         01        57
                                    91                 00         00        30
                                    97                 00         03        72
                                    1                  00         03        33
LATAR                              1182                00         03        26
                                   1165                00         02        26
                                   1178                00         01        01
                                   1177                00         07        10
                                   1174                00         03        28
                                   1173                00         03        47
                                   1147                00         06        89
                                   1144                00         08        56
                                   1143                00         00        34
                                   1116                00         09        80
                                   1114                00         05        41
                                   1120                00         09        67
                                   1083                00         00        69
                                   1082                00         02        95
                                   1087                00         02        59
                                   1077                00         06        77
                                   1078                00         00        63
                                   1076                00         01        82
                                   1007                00         04        55
                                   1009                00         05        86
                                1015/1208              00         07        19
                                   1018                00         00        65
                                   1017                00         05        81
                                   1024                00         03        36
                                   1029                00         01        27
                                1029/1239              00         00        94
                                1029/1243              00         02        11
                                   1035                00         03        38
                                   1039                00         04        03
                                   1044                00         03        59
                                   325                 00         06        63
323 00 03 35 324 00 03 60 II (ii) 4631 316 00 03 23 315 00 02 42
  313                 00         02        50
  312                 00         01        09
312/1254              00         01        14
  306                 00         05        74
  310                 00         00        10
  307                 00         00        37
  279                 00         02        99
  277                 00         02        66
  276                 00         01        45
  270                 00         01        46
  265                 00         02        95
  266                 00         00        10
  255                 00         01        68
255/1200              00         00        64
  253                 00         02        98
  249                 00         01        33
  248                 00         01        57
  243                 00         02        71
  242                 00         00        10
  234                 00         02        22
  235                 00         00        33
  220                 00         03        41
  217                 00         00        16
  218                 00         04        05
  204                 00         04        00
  205                 00         02        20
  179                 00         04        00
  177                 00         00        65
  178                 00         01        34
  176                 00         05        20
  173                 00         03        18
  170                 00         01        31
  172                 00         03        15
  171                 00         00        50
  116                 00         07        52
  117                 00         00        18
118 00 05 07 4632 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 110 00 03 90 119 00 05 89
                                      108                 00         01        09
                                      109                 00         05        54
                                       99                 00         02        64
                                      100                 00         02        27
                                       70                 00         02        42
BALARAMPUR                            937                 00         00        16
                                    937/1706              00         00        13
                                      938                 00         08        08
                                      936                 00         08        62
                                      962                 00         01        76
                                      963                 00         02        44
                                      964                 00         00        77
                                      965                 00         03        11
                                      966                 00         01        38
                                      961                 00         03        37
                                      968                 00         04        61
                                      969                 00         02        06
                                    930/1640              00         00        20
                                      930                 00         04        44
                                      1025                00         02        51
                                      929                 00         00        45
                                      1026                00         04        64
                                      1027                00         09        43
                                      1030                00         01        98
                                      1031                00         01        41
                                      1029                00         05        15
                                      1054                00         07        83
                                      1053                00         00        85
                                      1064                00         07        78
                                      1065                00         12        43
                                      1085                00         01        01
                                      1086                00         03        77
                                      1087                00         05        50
                                      1091                00         01        47
                                      1092                00         02        63
1095 00 02 66 1107 00 03 62 II (ii) 4633 1108 00 06 84 1117 00 05 15
  1118                00         01        31
  1119                00         00        10
  1120                00         05        48
  1121                00         00        81
  822                 00         05        34
  824                 00         00        73
  821                 00         04        10
  811                 00         05        84
  809                 00         04        86
804/1647              00         02        66
  802                 00         02        67
  759                 00         05        02
  754                 00         05        21
  753                 00         00        14
753/1669              00         01        23
  746                 00         07        81
  745                 00         02        40
  738                 00         04        13
  737                 00         01        23
  730                 00         01        38
730/1673              00         02        53
  729                 00         00        37
  720                 00         04        59
  719                 00         02        00
  721                 00         00        10
  717                 00         05        30
  716                 00         07        82
  708                 00         06        26
  653                 00         00        97
  654                 00         03        58
  655                 00         00        52
  656                 00         03        81
  657                 00         02        98
  387                 00         00        40
387/1676              00         00        32
386/1568              00         05        55
398 00 19 64 4634 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 363 00 02 53 363/1731 00 02 19
                                     364                 00         00        28
                                     365                 00         01        52
                                     366                 00         03        09
                                     367                 00         00        42
                                   367/1661              00         03        79
                                     362                 00         00        10
                                   362/1666              00         00        11
                                     208                 00         01        43
                                     199                 00         09        31
                                     200                 00         04        31
                                     197                 00         00        10
                                     201                 00         05        23
                                     190                 00         11        97
                                     189                 00         00        42
                                     191                 00         01        61
                                      1                  00         07        98
                                      66                 00         01        14
                                      32                 00         07        73
                                      60                 00         00        51
                                    60/1678              00         00        51
                                      33                 00         04        09
                                      59                 00         01        54
                                      35                 00         05        47
                                    35/1719              00         01        12
                                    35/1721              00         01        12
                                      43                 00         00        87
                                      44                 00         20        32
                                      45                 00         00        29
                                      46                 00         00        70
                                      47                 00         01        12
                                      48                 00         01        04
BANKAPUR                             284                 00         02        94
                                    284/650              00         01        43
                                     285                 00         07        63
                                     291                 00         00        44
289 00 05 12 287 00 06 61 II (ii) 4635 277 00 05 21 276 00 05 62
                                        268                 00         01        75
                                        275                 00         00        90
                                        269                 00         07        66
                                        270                 00         09        43
                                        255                 00         01        36
                                        254                 00         02        54
                                        253                 00         05        40
                                        252                 00         00        59
                                        251                 00         04        17
                                        250                 00         00        87
                                        249                 00         01        16
SHYAMAGHAN PUR                          637                 00         07        32
                                        668                 00         6         92
                                        667                 00         01        35
                                        660                 00         05        06
                                        665                 00         07        17
                                        664                 00         01        81
                                        649                 00         00        7
                                        495                 00         06        28
                                        496                 00         03        63
                                        497                 00         02        26
                                        494                 00         00        42
                                        490                 00         14        08
                                        478                 00         02        62
                                        479                 00         00        32
                                        467                 00         12        66
                                        466                 00         02        07
                                        464                 00         07        33
                                        465                 00         03        72
 JAGANNATH PUR                          541                 00         01        96
                                       541/731              00         00        77
                                       541/732              00         05        74
                                       541/744              00         00        32
                                       541/751              00         00        32
541/797 00 00 45 4636 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 543 00 01 17 540 00 06 28
  539                 00         02        95
  535                 00         00        94
  531                 00         00        28
531/750               00         00        23
531/769               00         00        15
  532                 00         05        59
  513                 00         03        51
  512                 00         03        03
512/730               00         02        46
  509                 00         03        14
  508                 00         06        55
  496                 00         04        45
  494                 00         05        37
  485                 00         03        54
485/763               00         01        18
  481                 00         02        77
481/771               00         01        66
  479                 00         00        10
  480                 00         02        08
480/777               00         02        81
  453                 00         04        43
  450                 00         04        63
  435                 00         06        86
  427                 00         04        79
427/725               00         01        48
427/746               00         00        13
  424                 00         05        16
  416                 00         05        45
  409                 00         04        90
  410                 00         01        66
  395                 00         02        87
  391                 00         03        44
  393                 00         01        52
  392                 00         02        29
  390                 00         01        67
  376                 00         03        46
375 00 00 17 370 00 00 48 II (ii) 4637 371 00 03 63 362 00 03 52
  361                 00         00        10
361/765               00         00        10
  359                 00         06        89
  350                 00         00        75
  349                 00         01        57
  348                 00         03        05
  345                 00         05        02
  342                 00         00        26
342/719               00         00        29
  343                 00         01        71
  86                  00         09        67
  87                  00         04        48
 87/724               00         01        13
 87/727               00         01        86
 87/741               00         01        72
 87/742               00         02        81
 87/743               00         01        13
 87/783               00         00        71
  89                  00         04        48
  71                  00         00        10
  70                  00         04        93
  91                  00         00        91
 68/705               00         00        10
  69                  00         00        96
  64                  00         01        85
 64/711               00         01        06
 64/712               00         02        12
 64/713               00         02        12
 64/740               00         00        10
 51/680               00         00        19
  52                  00         04        60
  51                  00         03        15
  53                  00         00        20
  54                  00         04        04
  56                  00         05        71
  45                  00         06        16
4638 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 519 00 03 04 SANAGARH 527 00 04 15
                                    526                 00         01        13
                                    528                 00         03        07
                                    525                 00         02        92
                                    513                 00         00        21
                                    524                 00         05        95
                                    523                 00         04        24
                                    515                 00         07        06
                                    516                 00         09        14
                                    484                 00         09        66
                                    486                 00         01        25
                                  487/1708              00         03        13
                                    488                 00         02        04
                                    489                 00         01        02
                                    494                 00         05        05
                                    493                 00         01        13
                                    426                 00         03        99
                                    428                 00         08        78
                                    415                 00         07        12
                                    409                 00         00        86
                                    410                 00         08        86
                                    399                 00         04        59
                                    360                 00         01        88
JADUPUR                             317                 00         01        58
                                    293                 00         00        87
                                    292                 00         03        39
                                    291                 00         02        31
                                    290                 00         03        19
                                    289                 00         01        69
                                    274                 00         06        92
                                    288                 00         00        10
                                    275                 00         03        87
                                    267                 00         01        77
                                    265                 00         05        79
                                    266                 00         00        10
                                    264                 00         02        74
256 00 07 21 58 00 03 28 II (ii) 4639 57 00 13 51 60 00 06 42
                                       40                 00         09        04
                                       37                 00         01        84
                                       34                 00         02        75
                                       33                 00         00        18
                                     32/335               00         00        34
                                       35                 00         11        93
                                       26                 00         04        43
                                       27                 00         02        02
                                       25                 00         02        23
                                     27/334               00         00        10
                                       13                 00         04        97
THANNAGAR                             384                 00         09        05
                                      385                 00         01        03
                                      386                 00         02        39
                                    386/566               00         02        39
                                      375                 00         03        98
                                      374                 00         01        37
                                    374/571               00         00        53
                                      373                 00         08        01
                                      372                 00         00        31
                                      391                 00         00        10
                                      366                 00         10        56
                                      365                 00         03        39
                                    362/551               00         00        10
                                      362                 00         00        10
                                      363                 00         00        61
                                      364                 00         04        64
                                      399                 00         04        94
                                    399/582               00         03        26
                                      316                 00         00        10
                                      317                 00         08        12
                                      318                 00         00        71
                                      335                 00         01        79
                                      334                 00         04        79
                                      320                 00         05        64
320/539 00 00 60 4640 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

311 00 00 10310 00 04 15

                                  310/545               00        03        13
                                     1                  00        04        05
PIMPAL                             1552                 00        01        92
                                   1213                 00        02        98
                                   1212                 00        00        71
                                 1212/1751              00        00        71
                                   1210                 00        04        55
                                   1208                 00        00        46
                                 1208/1755              00        00        46
                                 1208/1754              00        00        98
                                 1208/1758              00        00        98
                                   1220                 00        04        31
                                   1207                 00        11        34
                                   1204                 00        04        29
                                   1205                 00        02        16
                                   1202                 00        00        92
                                   1203                 00        02        76
                                   1196                 00        05        27
                                   1170                 00        00        21
                                   1195                 00        05        24
                                   1189                 00        06        99
                                   1188                 00        00        10
                                   1190                 00        00        49
                                   1187                 00        04        47
                                    105                 00        07        24
                                    103                 00        00        76
                                    104                 00        07        46
KANKIA                             2554                 00        02        23
                                   2555                 00        06        62
                                   2559                 00        01        96
                                   2560                 00        04        79
                                   2561                 00        01        11
                                   2562                 00        03        11
                                   2551                 00        00        29
2572 00 00 06 2563 00 04 72 II (ii) 4641 2564 00 11 58 2542 00 01 81
  2535                 00         00        61
  2534                 00         09        46
  2530                 00         00        11
  2531                 00         03        94
  2532                 00         03        33
  2533                 00         01        64
  2522                 00         00        08
  2289                 00         01        39
  2288                 00         02        16
  2287                 00         02        75
  2286                 00         04        21
  2278                 00         00        34
  2279                 00         03        61
  2276                 00         08        49
  2275                 00         00        09
  2265                 00         07        65
  2266                 00         01        82
  2268                 00         00        10
  2255                 00         01        14
  2254                 00         01        77
  2235                 00         00        41
  2236                 00         00        85
  2234                 00         00        11
2233/2617              00         04        92
  2233                 00         07        07
  2230                 00         00        03
  2346                 00         01        70
  2229                 00         06        49
  2348                 00         00        48
  2227                 00         07        42
  2226                 00         05        83
  2350                 00         17        12
  2351                 00         01        00
  2352                 00         21        73
  2369                 00         04        81
  2368                 00         04        07
2367 00 01 92 4642 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2364 00 08 38 2365 00 02 34
  2394                 00         01        57
  1926                 00         08        06
1926/2698              00         07        19
  1928                 00         00        60
  1958                 00         03        47
  1929                 00         02        67
  1957                 00         10        20
  1955                 00         02        25
  1956                 00         01        29
  1946                 00         01        88
  1951                 00         00        96
  1950                 00         00        03
  1949                 00         01        18
  1947                 00         09        39
  1945                 00         00        33
1812/2650              00         03        40
1812/2649              00         01        45
  1812                 00         01        98
  1820                 00         08        89
  1819                 00         00        88
  1821                 00         00        94
  1835                 00         03        96
  1834                 00         03        12
  1833                 00         01        80
  1836                 00         03        12
  1837                 00         04        88
  1831                 00         00        93
  1838                 00         11        89
  1840                 00         03        62
  1839                 00         01        52
  1841                 00         05        40
  1842                 00         06        36
  1830                 00         00        57
  1843                 00         03        67
  1844                 00         00        16
   952                 00         04        20
953 00 09 67 954 00 03 58 II (ii) 4643 946 00 08 58 961 00 02 60
 965                00         03        57
 964                00         01        43
 966                00         04        07
 963                00         00        32
 967                00         00        29
 968                00         07        62
 972                00         01        58
 973                00         02        53
 974                00         00        26
 971                00         01        40
 969                00         02        23
 976                00         00        61
 970                00         01        29
 884                00         06        37
 883                00         00        02
 887                00         07        07
 885                00         02        35
2615                00         01        67
 886                00         00        27
 880                00         03        32
 875                00         04        40
 874                00         00        97
 876                00         02        11
 873                00         06        86
 725                00         00        45
 872                00         00        07
 870                00         01        63
 869                00         05        69
 871                00         01        43
 867                00         03        66
 866                00         02        31
 862                00         04        89
 863                00         06        01
 864                00         00        10
 821                00         00        39
 817                00         06        80
816 00 00 82 4644 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

815 00 00 26818 00 02 79

                                       813                00         00        12
                                       814                00         08        02
                                       809                00         06        60
                                       808                00         01        75
                                       810                00         07        99
                                       806                00         00        08
                                       805                00         01        44
KOLATHAPANGI                           342                00         01        85
                                       51                 00         49        50
                                       252                00         00        55
                                       261                00         00        31
                                       52                 00         12        63
                                       143                00         02        65
                                       146                00         03        85
                                       145                00         03        84
                                     150/328              00         00        69
                                       158                00         05        65
                                       157                00         04        25
                                       196                00         00        03
                                       161                00         02        35
                                       193                00         02        48
                                       194                00         00        76
                                       162                00         00        01
                                       192                00         02        67
                                       189                00         02        16
                                       190                00         00        86
                                       191                00         01        00
                                       283                00         00        07
                                       171                00         09        68
                                       172                00         00        79
BAUNSHAGARH                           1961                00         14        54
                                      1962                00         02        07
                                      1975                00         07        28
                                      1989                00         02        30
1974 00 02 72 1989/2257 00 02 43 II (ii) 4645 1991 00 05 18 1992 00 06 35
  1973                 00         00        32
  1972                 00         00        17
  1895                 00         00        13
  1994                 00         23        73
  1993                 00         00        59
  1825                 00         05        36
  1826                 00         00        10
  1824                 00         02        25
  1813                 00         08        75
  1814                 00         08        04
  1782                 00         01        05
1782/2331              00         02        33
  1783                 00         01        09
1784/2239              00         00        38
  1781                 00         03        01
  1784                 00         01        19
  1780                 00         01        90
  1779                 00         03        98
  1777                 00         02        09
  1778                 00         03        58
  1741                 00         00        46
  1742                 00         09        08
  1746                 00         01        36
  1743                 00         00        68
  1744                 00         06        74
  1713                 00         01        54
  1714                 00         01        66
  1712                 00         04        04
  1706                 00         00        01
   867                 00         02        07
  1705                 00         04        84
   433                 00         04        85
   434                 00         07        90
   448                 00         03        38
   447                 00         02        75
   446                 00         00        66
445 00 04 43 4646 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

452 00 00 76453 00 02 40

  454                 00         06        44
  458                 00         02        61
  459                 00         02        57
  466                 00         14        47
466/2240              00         00        74
  351                 00         02        66
351/2484              00         01        44
  467                 00         03        42
  349                 00         04        67
350/2263              00         02        70
  347                 00         00        10
  348                 00         06        25
  297                 00         05        97
  296                 00         01        99
  295                 00         00        09
  567                 00         08        61
  566                 00         01        74
  568                 00         11        89
  569                 00         02        01
  570                 00         00        03
  571                 00         02        10
  582                 00         00        56
  576                 00         03        99
  572                 00         03        80
  575                 00         02        19
575/2195              00         00        59
575/2205              00         01        95
  630                 00         05        34
  629                 00         06        27
  628                 00         05        38
  627                 00         00        43
  658                 00         02        47
658/2357              00         01        12
658/2329              00         00        94
  656                 00         00        04
  643                 00         05        14
641 00 00 17 640 00 07 27 II (ii) 4647 639 00 08 88 645/2278 00 00 11
                                     637                 00         02        20
                                     732                 00         00        29
                                     733                 00         04        90
                                     734                 00         03        30
                                     738                 00         00        98
                                     739                 00         03        53
                                     740                 00         01        85
                                     741                 00         01        41
                                     742                 00         01        54
                                     743                 00         01        24
                                     744                 00         01        10
                                     745                 00         01        37
                                     747                 00         00        55
                                     746                 00         03        92
                                     756                 00         01        12
                                     808                 00         03        24
                                     757                 00         00        16
                                     807                 00         04        73
                                     818                 00         02        37
                                     819                 00         06        51
                                     806                 00         04        33
                                     822                 00         00        07
                                   821/2200              00         01       323
                                     821                 00         04        22
                                     820                 00         01        03
                                     865                 00         01        25
                                     866                 00         04        22
KAKLAMA                              747                 00         01        95
                                   747/1029              00         05        85
                                   747/1325              00         01        35
                                   747/1347              00         04        50
                                     763                 00         00        78
                                   747/1030              00         00        85
                                     764                 00         07        84
                                   766/1061              00         03        31
766/1060 00 04 75 4648 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 768 00 11 64 769 00 00 11
  739                 00         02         00
739/1448              00         00         85
  738                 00         05         46
738/1449              00         01         14
  734                 00         00         81
734/1020              00         03         06
734/1021              00         01         25
  733                 00         03         58
  735                 00         00         65
  725                 00         05         07
  732                 00         10         29
  726                 00         02         79
726/1287              00         09         78
726/1323              00         01         14
  584                 00         01         09
  583                 00         00         96
  582                 00         00         77
  809                 00         06         51
  810                 00         08         23
  811                 00         00         60
  808                 00         02         78
  814                 00         08         00
  813                 00         00         10
  817                 00         05         15
  819                 00         01         55
  818                 00         06         67
  832                 00         16         16
  833                 00         00         85
  838                 00         01         81
  826                 00         00         43
  506                 00         14         23
  510                 00         02         61
  504                 00         05         45
  516                 00         06         29
516/1435              00         02         03
516/1025              00         00         53
517 00 07 39 517/1414 00 02 20 II (ii) 4649 517/1586 00 01 67 522 00 08 37
  491                  00         01        39
  471                  00         14        76
  470                  00         02        41
  469                  00         01        20
473/1193               00         00        53
  473                  00         01        54
473/1194               00         02        66
473/1195               00         04        96
473/1064               00         02        29
473/1207               00         01        04
473/1208               00         00        58
  474                  00         05        12
473/1209               00         02        03
 474/996               00         02        57
251/1246               00         00        10
251/1247               00         00        19
252/1249               00         05        10
252/1248               00         01        95
  252                  00         00        80
252/1250               00         03        20
252/1251               00         01        43
  247                  00         00        54
  271                  00         15        18
  272                  00         02        28
  270                  00         02        72
  278                  00         00        76
  279                  00         03        22
  280                  00         00        10
  282                  00         03        16
  284                  00         07        93
  228                  00         03        40
228/1368               00         01        70
  285                  00         00        53
182/1116               00         12        78
182/1117               00         01        42
  182                  00         03        27
182/1115 00 04 00 4650 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 184 00 12 58 186 00 09 80

187 00 04 06

188 00 04 02

173 00 18 11

189 00 00 59

189/1107 00 11 65

189/1106 00 07 95

173/1105 00 10 70

173/1104 00 02 67

173/1103 00 06 79

173/1102 00 00 10

168 00 23 80

173/1099 00 01 86

173/1098 00 07 81

173/1097 00 11 31

171/1096 00 07 64

171/1095 00 07 01

160 00 00 10

157 00 04 11

139 00 04 07

139/1401 00 00 76

139/1402 00 00 53

140 00 08 06

141 00 04 56

137/1121 00 11 79

136 00 11 15

136/1581 00 02 99

136/1582 00 02 00

993 00 01 64

MARDKOTA 28/450 00 00 37

28/483 00 01 51

28/536 00 00 80

28 00 02 30

26 00 04 68

25 00 05 31

24 00 04 65

GOPINATHAPUR 323 00 03 45II (ii) 4651 323/378 00 00 84281/343 00 02 94

  281                 00         05        31
281/341               00         03        33
  282                 00         03        73
  322                 00         05        35
  321                 00         00        21
321/390               00         01        16
283/375               00         00        10
  315                 00         00        10
  316                 00         05        90
  314                 00         06        61
  298                 00         03        60
  300                 00         06        80
  302                 00         04        80
  303                 00         04        53
  306                 00         03        51
  305                 00         06        85
  304                 00         00        10
  251                 00         02        94
  250                 00         03        26
250/414               00         01        30
250/358               00         06        87
  234                 00         00        94
  237                 00         00        91
  236                 00         04        43
  235                 00         06        81
  223                 00         11        20
  222                 00         09        22
  219                 00         11        31
  218                 00         04        12
218/419               00         04        12
194/356               00         03        92
194/357               00         07        23
  194                 00         00        19
  193                 00         01        60
  192                 00         11        68
  191                 00         08        50
190 00 06 10 4652 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

188/348 00 02 16188 00 08 34

                                    186                 00        05        23
                                    187                 00        17        78
KHATIA                             3887                 00        03        76
                                   3889                 00        04        37
                                   3881                 00        04        78
                                   3874                 00        03        92
                                 3874/4663              00        03        92
                                   3876                 00        01        55
                                   3875                 00        04        63
                                   3873                 00        00        37
                                   3872                 00        00        28
                                   3870                 00        10        23
                                   3871                 00        04        18
                                   3869                 00        18        44
                                   3627                 00        06        41
                                   3629                 00        04        59
                                   3630                 00        05        63
                                   3631                 00        05        39
                                   3715                 00        05        83
                                   3716                 00        00        30
                                   3709                 00        01        06
                                   3707                 00        04        34
                                   3708                 00        00        40
                                   3704                 00        00        31
                                   3705                 00        04        29
                                   3703                 00        00        53
                                   3697                 00        02        47
                                   3698                 00        05        65
                                   3696                 00        00        98
                                 3696/5870              00        00        48
                                   3695                 00        09        69
                                   3745                 00        00        10
                                 3745/4607              00        00        10
                                   3747                 00        07        66
                                   3749                 00        04        79
3750 00 03 91 3535 00 01 12 II (ii) 4653 2542 00 01 19 3534 00 01 10
  3479                 00         00        56
  3478                 00         02        04
  3477                 00         08        70
  3425                 00         00        13
  3426                 00         01        72
  3476                 00         01        59
  3475                 00         00        99
  3430                 00         05        60
  3463                 00         00        11
  3462                 00         01        73
  3431                 00         01        14
  3461                 00         04        30
  3460                 00         05        11
  3454                 00         05        32
  3457                 00         00        29
  3456                 00         01        03
  3455                 00         01        50
  3443                 00         05        53
  3442                 00         00        10
3442/4344              00         01        84
  3054                 00         08        23
  3055                 00         01        16
  3053                 00         00        35
  3056                 00         08        54
  2961                 00         00        92
  2960                 00         05        82
  2959                 00         00        49
  2956                 00         03        48
  2958                 00         03        36
  2929                 00         05        30
  2928                 00         02        79
  2930                 00         02        38
  2927                 00         02        41
  2926                 00         06        80
  2921                 00         11        76
  2842                 00         01        58
2843 00 09 09 4654 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2846 00 00 10
2845/4191              00         00        55
  2845                 00         00        13
  2803                 00         01        41
  2802                 00         00        44
  2804                 00         02        56
  2801                 00         00        10
  2805                 00         01        40
  2811                 00         00        64
  2800                 00         00        10
  2806                 00         01        25
  2807                 00         01        05
  2808                 00         01        29
  2809                 00         01        16
2811/4070              00         00        29
  2810                 00         00        10
  2739                 00         03        49
  2737                 00         00        76
  2740                 00         04        13
  2736                 00         00        31
  2735                 00         03        47
  2684                 00         01        76
  2685                 00         03        94
  2733                 00         00        25
  2686                 00         04        81
  2683                 00         01        21
  2687                 00         09        84
  1612                 00         06        88
  1597                 00         04        74
  1611                 00         00        20
  1613                 00         02        40
  1610                 00         00        10
  1609                 00         01        05
  1614                 00         04        50
  1615                 00         00        52
  1605                 00         00        12
  1604                 00         00        10
  1616                 00         01        11
1603 00 01 27 1618 00 03 00 II (ii) 4655 1602 00 01 28 1619 00 11 07
  1498                 00         00        36
1619/4144              00         01        61
1621/4136              00         00        30
  1620                 00         04        67
  1471                 00         00        17
  1477                 00         00        85
  1476                 00         10        67
  1484                 00         00        42
  1486                 00         00        66
  1437                 00         06        46
  1436                 00         00        24
  1435                 00         04        01
1435/4287              00         04        47
  1434                 00         01        35
  1412                 00         03        85
  1411                 00         00        10
  1413                 00         03        28
1414/4133              00         01        24
  1415                 00         00        36
  1414                 00         03        98
  1397                 00         02        62
  1398                 00         00        44
  1388                 00         05        07
  1387                 00         01        24
  1386                 00         00        87
  1385                 00         01        30
  1379                 00         01        86
  1380                 00         04        27
  1376                 00         00        74
  1381                 00         02        32
  1382                 00         00        41
  1648                 00         00        92
  1649                 00         00        91
  1650                 00         01        11
  1688                 00         01        46
  1706                 00         09        18
1689 00 01 41 4656 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1690 00 03 70 1690/4420 00 00 90
                                   1690/4595              00         01        63
                                   1690/5900              00         01        63
                                     1702                 00         05        58
                                   1702/4596              00         01        82
                                     1701                 00         00        85
                                     1703                 00         08        19
                                     1774                 00         01        87
                                     1766                 00         08        62
                                     1765                 00         00        12
                                     1768                 00         09        30
                                     1764                 00         07        85
TANKAPALI                             35                  00         03        22
                                      39                  00         03        82
                                      36                  00         01        60
                                      38                  00         00        10
                                     37/576               00         04        96
                                      40                  00         01        57
                                     40/617               00         00        35
                                     40/629               00         00        29
                                     40/631               00         01        34
                                      42                  00         08        93
                                     42/416               00         01        59
                                     42/604               00         01        89
                                     42/628               00         01        72
                                     42/630               00         01        03
                                      48                  00         05        04
                                      47                  00         05        50
                                      43                  00         00        93
                                      45                  00         10        08
                                      44                  00         00        62
                                      56                  00         21        12
                                      117                 00         02        24
                                      140                 00         04        46
                                      160                 00         03        48
                                      159                 00         01        75
161 00 01 95 158 00 00 10 II (ii) 4657 157 00 04 06 156 00 04 2
                                     155                 00         00        45
                                     154                 00         03        64
                                     171                 00         00        17
                                     172                 00         06        67
                                     152                 00         00        97
                                     173                 00         00        21
                                     151                 00         02        11
                                     179                 00         00        31
                                     150                 00         01        61
                                     149                 00         04        15
                                     180                 00         05        57
                                     188                 00         03        75
                                     186                 00         00        45
                                     187                 00         10        38
                                     198                 00         09        08
                                     193                 00         00        98
                                   197/584               00         03        56
                                     196                 00         08        18
                                     282                 00         00        10
                                   283/553               00         03        85
                                     283                 00         02        78
                                     288                 00         00        86
                                     291                 00         01        17
                                     292                 00         01        31
                                     296                 00         02        81
                                     297                 00         02        40
                                     298                 00         02        68
                                     299                 00         02        34
                                     300                 00         02        33
                                     301                 00         01        71
GORIMARA                             1274                00         05        90
                                     1273                00         01        04
                                     1272                00         00        40
                                     1271                00         07        10
                                     1270                00         07        31
1269 00 04 10 4658 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1282 00 05 27 1285 00 22 38
1285/2000              00         09        77
  1292                 00         05        70
  1293                 00         03        82
  1294                 00         00        68
  1295                 00         08        06
1297/1942              00         00        88
1297/1943              00         02        88
  1297                 00         05        32
  1298                 00         02        49
  1760                 00         04        98
  1300                 00         01        55
  1754                 00         10        54
  1755                 00         00        10
  1753                 00         03        09
  1752                 00         04        50
  1751                 00         04        89
  1742                 00         01        53
  1620                 00         02        75
  1619                 00         01        58
  1618                 00         01        12
1614/1963              00         02        10
  1616                 00         02        08
  1615                 00         03        19
  1614                 00         04        98
  1610                 00         03        46
  1611                 00         04        35
  1606                 00         02        09
  1604                 00         03        38
  1605                 00         01        57
  1602                 00         02        37
  1594                 00         08        01
  1593                 00         00        10
  1592                 00         03        66
  1589                 00         00        10
  1590                 00         02        62
  1569                 00         16        78
1575 00 00 30 1574 00 01 59 II (ii) 4659 1572 00 01 35 1571 00 03 38
                                    1570                00         08        94
                                    1579                00         00        10
                                    1550                00         01        95
                                    1551                00         06        74
                                    1554                00         03        66
                                    1553                00         01        59
                                    1555                00         04        21
                                    1541                00         00        17
                                    1540                00         01        29
                                    1539                00         02        71
                                    1538                00         01        83
                                    1537                00         02        88
                                    1512                00         01        79
                                    1513                00         14        95
                                    1514                00         06        05
                                  1463/1902             00         03        01
                                    1467                00         01        75
                                    1494                00         06        08
                                    1493                00         06        29
                                    1492                00         04        96
                                    1488                00         04        07
                                    1487                00         01        17
                                    1473                00         00        76
                                    1477                00         11        80
MALISAHI                            1178                00         02        25
                                    1168                00         00        77
                                    1167                00         01        15
                                    1166                00         00        64
                                    1141                00         00        40
                                  1141/1562             00         03        60
                                    1143                00         01        09
                                    1144                00         06        23
                                    1145                00         03        85
                                    1150                00         00        10
                                    1153                00         00        10
1152 00 01 49 4660 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1151 00 02 26 1119 00 01 36
1119/1564              00         01        59
  1118                 00         02        32
1118/1654              00         00        66
  1117                 00         00        97
  1085                 00         00        10
  1116                 00         01        21
  1114                 00         01        81
  1115                 00         00        85
  1113                 00         04        02
  1088                 00         04        02
  1089                 00         03        74
  1092                 00         00        29
  1091                 00         00        88
  1090                 00         00        88
   680                 00         00        18
   698                 00         01        29
   682                 00         06        47
   683                 00         06        47
   685                 00         08        32
   692                 00         00        10
   686                 00         00        10
   687                 00         11        77
   688                 00         01        20
   471                 00         02        10
   468                 00         01        84
   467                 00         00        93
   469                 00         03        60
   470                 00         01        16
   258                 00         02        84
   257                 00         00        29
 259/1552              00         00        29
   259                 00         14        45
   143                 00         00        25
 143/1610              00         00        16
   142                 00         02        93
   144                 00         02        66
140 00 00 61 145 00 03 04 II (ii) 4661 152 00 00 10 146 00 03 60
                                      129                 00         00        73
                                      128                 00         01        82
                                      130                 00         01        00
                                      131                 00         00        21
                                      127                 00         04        71
                                      126                 00         04        03
                                      100                 00         03        56
                                      99                  00         03        03
                                      73                  00         04        95
                                    73/1545               00         07        62
                                      74                  00         05        70
                                      72                  00         00        25
                                      71                  00         02        81
                                      64                  00         02        76
                                      65                  00         03        56
                                      66                  00         07        18
                                      67                  00         03        09
RANKDEULI                             266                 00         00        94
                                   266/1979               00         00        99
                                      267                 00         08        03
                                      268                 00         03        51
                                      168                 00         00        17
                                      167                 00         02        68
                                      166                 00         02        29
                                      170                 00         00        10
                                      164                 00         02        67
                                      165                 00         01        76
                                      161                 00         01        67
                                      162                 00         03        56
                                      160                 00         07        02
                                   160/1980               00         01        24
                                   160/2066               00         06        40
                                   157/1760               00         00        19
                                      156                 00         03        16
                                   156/1970               00         03        15
157 00 00 85 4662 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  138                 00         00        84
  136                 00         00        82
  135                 00         00        37
  134                 00         03        02
  139                 00         04        60
  133                 00         05        86
  140                 00         00        25
  128                 00         02        58
  129                 00         01        03
  130                 00         01        59
  106                 00         00        93
  107                 00         01        63
  103                 00         01        04
  108                 00         02        02
  102                 00         01        73
  101                 00         02        40
  94                  00         00        71
  100                 00         02        37
95/1856               00         00        65
  96                  00         04        70
  95                  00         00        58
  85                  00         04        63
  83                  00         03        22
  57                  00         00        10
57/1846               00         03        11
  58                  00         02        21
  59                  00         03        31
  61                  00         03        39
  60                  00         00        10
  62                  00         00        10
  63                  00         01        81
  64                  00         02        62
  16                  00         00        79
  65                  00         02        89
  66                  00         02        94
  15                  00         00        55
BADBHUIN 1198/1361 00 01 20 1198/1411 00 01 56 1198/1412 00 10 06 II (ii) 4663 1198 00 20 74 1200 00 03 05
  1199                 00         00        15
  1165                 00         01        57
1165/1365              00         00        24
  1154                 00         00        17
  1155                 00         02        05
  1156                 00         00        95
  1153                 00         00        43
  1157                 00         03        30
  1158                 00         03        05
  1159                 00         02        65
  1118                 00         04        09
  1106                 00         03        83
  1115                 00         00        10
   376                 00         11        60
  1111                 00         05        75
   380                 00         02        34
   381                 00         02        21
   379                 00         02        06
   378                 00         01        18
   382                 00         03        64
   383                 00         00        10
   325                 00         00        96
   326                 00         02        26
   327                 00         01        22
   328                 00         01        96
   323                 00         01        20
   324                 00         02        56
   404                 00         06        44
   403                 00         00        47
   406                 00         01        37
   407                 00         04        58
   408                 00         01        09
   410                 00         00        59
   409                 00         01        19
   412                 00         00        43
   411                 00         00        91
415 00 03 26 4664 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 427 00 00 21 430 00 01 38
  429                 00         02        85
  426                 00         00        10
  428                 00         08        58
  438                 00         02        29
  584                 00         00        16
  444                 00         01        97
  583                 00         09        88
  580                 00         09        98
  567                 00         00        10
  564                 00         00        93
  563                 00         06        43
  560                 00         00        80
  561                 00         02        43
  562                 00         00        36
  193                 00         02        96
  559                 00         01        62
  558                 00         00        51
  682                 00         01        34
  683                 00         05        58
  684                 00         01        79
  685                 00         02        28
  688                 00         00        10
  687                 00         02        44
687/1414              00         01        22
  689                 00         00        69
  690                 00         02        53
  691                 00         02        63
  695                 00         00        10
  918                 00         01        23
  763                 00         02        54
  762                 00         04        92
  759                 00         01        46
  760                 00         07        16
  715                 00         01        80
  757                 00         01        07
  719                 00         06        46
756 00 00 10 723 00 03 99 II (ii) 4665 722 00 00 51 724 00 09 78
  725                 00         00        64
  727                 00         08        46
727/1380              00         00        52
  728                 00         07        94
  737                 00         05        24
  731                 00         00        31
  732                 00         01        21
  734                 00         03        51
  735                 00         00        90
  829                 00         01        57

[F. No. R-25011/25/2017-OR-I/13717]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1812.—के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि मे जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत:अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर,भुवनेश्वर - 751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील-कणास जिला - पुरी राज्य-ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5

अँलाजोड़ि 1134 00 07 `031140 00 00 29 4666 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1136 00 09 46

1137                 00        02          `04
1347                 00        13          33
1325                 00        06          52
1326                 00        00          10
1324                 00        02          47
1328                 00        03          00
1329                 00        00          68
1317                 00        02          75
1327                 00        01          87
1331                 00        00          63
1330                 00        02          82
1314                 00        10          70
1312                 00        00          39
1315                 00        04          71
1311                 00        05          00
1310                 00        03          49
1293                 00        02          57
1294                 00        08          16
1290                 00        02          16
1295                 00        03          60
1296                 00        09          97
1284                 00        05          37
1270                 00        02          65
1272                 00        18          36
1271                 00        00          57
1263                 00        01          49
1273 00 02 40 II (ii) 4667 1262 00 05 58
1246                 00        12          51
1249                 00        05          84
1247                 00        02          16
1248                 00        00          33
1250                 00        04          74
1251                 00        03          92
1252                 00        04          33
1253                 00        01          40

[फा.सं. आर-25011/11/2017/48396-ओआर-I/13764]

पवन कु मार, अवर सचिव

New Delhi, the 3rd August, 2017

S.O. 1812.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : KANAS District : PURI State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
ANLAJORI                           1134               00        07        `03
                                   1140               00        00        29
1136 00 09 46 4668 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1137 00 02 `04 1347 00 13 33
1325                00         06        52
1326                00         00        10
1324                00         02        47
1328                00         03        00
1329                00         00        68
1317                00         02        75
1327                00         01        87
1331                00         00        63
1330                00         02        82
1314                00         10        70
1312                00         00        39
1315                00         04        71
1311                00         05        00
1310                00         03        49
1293                00         02        57
1294                00         08        16
1290                00         02        16
1295                00         03        60
1296                00         09        97
1284                00         05        37
1270                00         02        65
1272                00         18        36
1271                00         00        57
1263                00         01        49
1273                00         02        40
1262 00 05 58 II (ii) 4669 1246 00 12 51
1249                00         05        84
1247                00         02        16
1248                00         00        33
1250                00         04        74
1251                00         03        92
1252                00         04        33
1253                00         01        40

[F. No. R-25011/11/2017/48396-OR-I/13764]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1813.— के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा)से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबादपाइपलाइन"बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि मे जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है,उपयोग के अधिकार का अर्जन किया जाए;

अत:अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962का 50) की धारा 3की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर ,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील- पिपिलि जिला - पुरी राज्य -ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
सिउला                       366                 00        07           66
                            390                 00        04           18
4670 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  364                 00        05           38
364/2960              00        00           55
364/2969              00        00           30
364/2976              00        00           61
364/2983              00        00           61
364/2709              00        05           28
  363                 00        11           27
  357                 00        05           53
  356                 00        04           81
  355                 00        04           29
  353                 00        06           05
  329                 00        07           28
  328                 00        14           65
  320                 00        00           10
  258                 00        02           55
  248                 00        01           48
  232                 00        10           09
  246                 00        00           75
  245                 00        08           56
  239                 00        13           28
  237                 00        00           29
  238                 00        09           38
  236                 00        00           54
  210                 00        00           66
  211                 00        00           10
  205                 00        15           03
  204                 00        01           39
  220                 00        07           19
  230                 00        05           21
  233                 00        05           77
II (ii) 4671 231 00 01 05
                             229                 00        03           12
                             227                 00        08           02
                             224                 00        01           42
                             100                 00        01           61
                              99                 00        00           89
                              98                 00        01           19
                           91/2712               00        00           40
                              91                 00        07           72
                              87                 00        14           04
                              84                 00        00           10
                              85                 00        03           99
                              63                 00        09           59
                              86                 00        04           09
                              64                 00        05           21
                              59                 00        03           30
                              60                 00        01           80
                              58                 00        07           24
                              55                 00        00           55
                              20                 00        03           89
                              19                 00        04           89
                              18                 00        00           92
                              17                 00        12           09
                              15                 00        01           87
                              16                 00        01           20
                           16/2249               00        00           48
गोबर्धनपुर                   349                 00        02           55
                             419                 00        15           93
4672 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                                 429                 00        11           25
                                 430                 00        07           16
                                 431                 00        05           31
                                 407                 00        08           51
गोबर्धनपुरसुलताननगर              177                 00        14           24
                                 176                 00        14           66
                                 167                 00        00           13
                                 166                 00        00           10
                                 168                 00        01           08
                                 169                 00        01           67
                                 173                 00        04           30
                                 172                 00        02           33
                                 375                 00        00           66
                                 463                 00        06           14
                                 459                 00        06           86
                                 460                 00        00           85
                                 458                 00        00           27
                                 457                 00        01           68
                                 429                 00        05           35
                                 430                 00        04           43
                                 431                 00        01           02
                                 432                 00        10           47
                                 435                 00        08           79
                                 436                 00        02           81
                                 440                 00        05           17
                                 437                 00        01           49
                                 439                 00        05           60
                                 410                 00        01           19
II (ii) 4673
ओरकोल                       328                 00        15          88
                          328/506               00        02          10
                            317                 00        04          81
                            327                 00        02          21
                            320                 00        11          78
                            312                 00        00          30
                            293                 00        07          83
                            292                 00        00          57
                            294                 00        04          58
                            296                 00        01          32
                            295                 00        03          47
                            291                 00        03          95
                            290                 00        08          45
                            286                 00        05          53
                            285                 00        05          96
                            402                 00        01          97
                            443                 00        20          92
                            450                 00        00          30
                            453                 00        07          10
                            452                 00        02          38
                            451                 00        06          12
मकरबा                       123                 00        01          12
                             71                 00        04          00
                             70                 00        04          05
                             73                 00        17          07
                             84                 00        00          10
                            116                 00        07          30
85 00 00 30 4674 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 86 00 09 97
                              96                 00         08          54
                              99                 00         03          54
                              97                 00         05          13
                              98                 00         01          07
उजाणिपड़ा                    218                 00         07          71
                             213                 00         00          28
                             214                 00         37          00
                             230                 00         00          84
                             232                 00         01          53
                             233                 00         04          67
                             234                 00         02          38
                             235                 00         01          54
                             231                 00         04          24
                             248                 00         00          55
                             284                 00         20          25
                             283                 00         00          10
                             292                 00         15          64
                             321                 00         00          82
 भारतीपुर                    1088                00         01          93
                             1092                00         01          95
                             1093                00         09          55
                             1094                00         07          02
                             1095                00         26          11
                             1096                00         01          96
                             1097                00         00          40
                             1098                00         11          29
                             1099                00         12          60
II (ii) 4675
  1116                 00        06          70
  1119                 00        12          78
  1118                 00        00          27
1118/1670              00        00          24
  1583                 00        00          26
  1120                 00        08          16
  1121                 00        01          59
  1136                 00        04          22
  1143                 00        05          63
  1144                 00        16          60
  1151                 00        04          08
  1154                 00        05          91
  1153                 00        00          93
  1155                 00        05          22
  1157                 00        09          67
  1156                 00        00          30
  1158                 00        01          31
  1160                 00        01          90
  1161                 00        01          11
  1162                 00        00          89
  1164                 00        02          25
  1178                 00        12          53
  1179                 00        09          65
  1548                 00        12          41
  1549                 00        06          01
  1550                 00        08          09
  1564                 00        10          58
  1565                 00        07          48
  1566                 00        00          10
4676 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                            1574                 00        00           10
                            1573                 00        08           60
हसनपुर                       30                  00        00           10
                             233                 00        00           10
                             234                 00        00           76
                             235                 00        02           10
                             243                 00        00           10
                             245                 00        19           31
                             246                 00        00           63
                             419                 00        01           97
                             420                 00        01           68
                             421                 00        11           09
मकु न्दपुर                   12                  00        07           03
                             11                  00        08           13
                              9                  00        00           10
                             10                  00        03           96
                             16                  00        02           51
                             17                  00        00           56
                             27                  00        06           77
                             19                  00        00           73
                             28                  00        01           61
                             26                  00        13           54
                             25                  00        04           78
                             24                  00        00           10
                             23                  00        00           43
                             43                  00        01           27
42 00 08 85 41 00 02 14 II (ii) 4677 46 00 11 93
                              48                 00         00          10
                              47                 00         00          64
                              53                 00         07          80
                              54                 00         02          54
                              55                 00         10          03
                              56                 00         13          47
                              57                 00         00          43
बागेश्वरपुर                  1651                00         00          97
                             1650                00         22          65
                             1652                00         00          10
                             1683                00         07          66
                          1683/1739              00         03          48
                             1682                00         00          10
                             1669                00         13          28
                             1681                00         02          41
                             1670                00         01          94
                             1673                00         13          21
                             1675                00         00          10
                             1674                00         00          45
                             1678                00         00          83
                             914                 00         00          77
                             873                 00         00          86
                             766                 00         12          01
                             765                 00         11          02
                             769                 00         10          09
                             805                 00         00          10
                             806                 00         01          11
4678 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  807                 00        12          88
  802                 00        01          62
  801                 00        08          48
800/1732              00        03          25
  800                 00        02          74
  811                 00        02          27
  813                 00        00          10
  827                 00        01          34
  829                 00        00          38
  826                 00        10          40
  832                 00        00          10
  823                 00        05          93
  822                 00        13          18
  833                 00        02          67
  745                 00        01          25
  435                 00        21          11
  489                 00        00          55
  488                 00        00          29
  487                 00        07          95
  437                 00        00          10
  485                 00        11          57
  483                 00        00          22
  484                 00        16          68
  494                 00        08          25
  480                 00        11          38
  479                 00        00          35
  461                 00        00          10
  477                 00        02          45
  451                 00        00          10
  462                 00        02          85
II (ii) 4679
                             465                 00        11           95
                             464                 00        04           75
                             463                 00        00           85
 बरुण्डेइ                    286                 00        07           90
                             285                 00        00           75
                             280                 00        00           97
                             279                 00        01           44
                             220                 00        07           37
                             219                 00        02           01
                             218                 00        01           41
                             217                 00        02           91
                             225                 00        00           10
                           217/369               00        02           91
                             170                 00        01           27
                             171                 00        06           77
                             173                 00        08           48
                             174                 00        02           47
                             175                 00        02           52
                             176                 00        00           23
                             179                 00        00           24
                             180                 00        06           77
                             181                 00        22           75
                             189                 00        13           05
                             188                 00        01           68
                             187                 00        10           50
                             371                 00        02           30
पाणिदोल                     1640                 00        01           42
4680 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
1640/2902              00        02          14
  1647                 00        05          76
  1646                 00        03          64
  1645                 00        09          71
1645/2874              00        08          11
1642/2850              00        01          56
  1642                 00        06          62
1642/2900              00        03          06
  1644                 00        15          82
1644/2918              00        06          06
  1688                 00        01          08
  1721                 00        06          20
  1720                 00        00          90
  1719                 00        05          48
  1718                 00        01          41
  1717                 00        05          40
  1713                 00        10          93
  1701                 00        03          97
  1702                 00        09          91
  1703                 00        00          79
  1708                 00        01          43
  1705                 00        14          59
  1699                 00        00          77
  1694                 00        13          88
  1693                 00        01          34
  1691                 00        08          13
  1690                 00        05          65
  2575                 00        00          30
  2572                 00        01          55
2559 00 03 86 II (ii) 4681 2110 00 10 59
  2558                 00        04          85
  2557                 00        06          73
  2551                 00        03          44
  2555                 00        01          69
  2556                 00        08          31
  2549                 00        15          20
  2120                 00        01          08
  2169                 00        02          97
2169/2887              00        02          98
  2183                 00        01          58
  2182                 00        25          30
  2185                 00        08          80
  2190                 00        11          91
  2189                 00        00          86
  2191                 00        03          88
  2196                 00        17          61
  2195                 00        09          92
  2194                 00        02          32
  2211                 00        05          25
  2212                 00        00          30
  2216                 00        05          16
  2215                 00        01          83
  2217                 00        08          03
  2220                 00        05          87
  2074                 00        02          53
  2073                 00        00          27
  2072                 00        02          63
2034 00 21 38 4682 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  1975                 00        07          62
  1977                 00        00          69
  1976                 00        04          76
  1978                 00        16          40
1978/2881              00        03          30
  1981                 00        09          65

[फा.सं. आर-25011/11/2017/48396-ओआर-I/13764]

पवन कु मार, अवर सचिव

New Delhi, the 3rd August, 2017

S.O. 1813.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : PIPILI District : PURI State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
SIULA                          366                   00          07         66
                               390                   00          04         18
                               364                   00          05         38
                             364/2960                00          00         55
                             364/2969                00          00         30
364/2976 00 00 61 II (ii) 4683 364/2983 00 00 61
364/2709                00          05          28
  363                   00          11          27
  357                   00          05          53
  356                   00          04          81
  355                   00          04          29
  353                   00          06          05
  329                   00          07          28
  328                   00          14          65
  320                   00          00          09
  258                   00          02          55
  248                   00          01          48
  232                   00          10          09
  246                   00          00          75
  245                   00          08          56
  239                   00          13          28
  237                   00          00          29
  238                   00          09          38
  236                   00          00          54
  210                   00          00          66
  211                   00          00          10
  205                   00          15          03
  204                   00          01          39
  220                   00          07          19
  230                   00          05          21
  233                   00          05          77
231 00 01 05 229 00 03 12 4684 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 227 00 08 02
                                    224                  00          01         42
                                    100                  00          01         61
                                    99                   00          00         89
                                    98                   00          01         19
                                  91/2712                00          00         40
                                    91                   00          07         72
                                    87                   00          14         04
                                    84                   00          00         10
                                    85                   00          03         99
                                    63                   00          09         59
                                    86                   00          04         09
                                    64                   00          05         21
                                    59                   00          03         30
                                    60                   00          01         80
                                    58                   00          07         24
                                    55                   00          00         55
                                    20                   00          03         89
                                    19                   00          04         89
                                    18                   00          00         92
                                    17                   00          12         09
                                    15                   00          01         87
                                    16                   00          01         20
                                  16/2249                00          00         48
GOBARDHANPUR                        349                  00          02         55
419 00 15 93 429 00 11 25 II (ii) 4685 430 00 07 16
                                   431                  00          05         31
                                   407                  00          08         51
GOBARDHANPUR
 SULTANNAGAR                       177                  00          14         24
                                   176                  00          14         66
                                   167                  00          00         13
                                   166                  00          00         10
                                   168                  00          01         08
                                   169                  00          01         67
                                   173                  00          04         30
                                   172                  00          02         33
                                   375                  00          00         66
                                   463                  00          06         14
                                   459                  00          06         86
                                   460                  00          00         85
                                   458                  00          00         27
                                   457                  00          01         68
                                   429                  00          05         35
                                   430                  00          04         43
                                   431                  00          01         02
                                   432                  00          10         47
                                   435                  00          08         79
                                   436                  00          02         81
                                   440                  00          05         17
                                   437                  00          01         49
439 00 05 60 410 00 01 19 4686 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  ORAKOL                         328                  00          15         88
                               328/506                00          02         10
                                 317                  00          04         81
                                 327                  00          02         21
                                 320                  00          11         78
                                 312                  00          00         30
                                 293                  00          07         83
                                 292                  00          00         57
                                 294                  00          04         58
                                 296                  00          01         32
                                 295                  00          03         47
                                 291                  00          03         95
                                 290                  00          08         45
                                 286                  00          05         53
                                 285                  00          05         96
                                 402                  00          01         97
                                 443                  00          20         92
                                 450                  00          00         30
                                 453                  00          07         10
                                 452                  00          02         38
                                 451                  00          06         12
MAKARABA                         123                  00          01         12
                                  71                  00          04         00
                                  70                  00          04         05
73 00 17 07 84 00 00 10 II (ii) 4687 116 00 07 30
                                  85                   00          00         30
                                  86                   00          09         97
                                  96                   00          08         54
                                  99                   00          03         54
                                  97                   00          05         13
                                  98                   00          01         07
 UJANIPADA                        218                  00          07         71
                                  213                  00          00         28
                                  214                  00          37         00
                                  230                  00          00         84
                                  232                  00          01         53
                                  233                  00          04         67
                                  234                  00          02         38
                                  235                  00          01         54
                                  231                  00          04         24
                                  248                  00          00         55
                                  284                  00          20         25
                                  283                  00          00         10
                                  292                  00          15         64
                                  321                  00          00         82
BHARATIPUR                       1088                  00          01         93
                                 1092                  00          01         95
                                 1093                  00          09         55
1094 00 07 02 1095 00 26 11 4688 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1096 00 01 96
  1097                   00          00         40
  1098                   00          11         29
  1099                   00          12         60
  1116                   00          06         70
  1119                   00          12         78
  1118                   00          00         27
1118/1670                00          00         24
  1583                   00          00         26
  1120                   00          08         16
  1121                   00          01         59
  1136                   00          04         22
  1143                   00          05         63
  1144                   00          16         60
  1151                   00          04         08
  1154                   00          05         91
  1153                   00          00         93
  1155                   00          05         22
  1157                   00          09         67
  1156                   00          00         30
  1158                   00          01         31
  1160                   00          01         90
  1161                   00          01         11
  1162                   00          00         89
  1164                   00          02         25
  1178                   00          12         53
1179 00 09 65 1548 00 12 41 II (ii) 4689 1549 00 06 01
                                 1550                  00         08          09
                                 1564                  00         10          58
                                 1565                  00         07          48
                                 1566                  00         00          10
                                 1574                  00         00          10
                                 1573                  00         08          60
 HASANPUR                         30                   00         00          10
                                 233                   00         00          10
                                 234                   00         00          76
                                 235                   00         02          10
                                 243                   00         00          10
                                 245                   00         19          31
                                 246                   00         00          63
                                 419                   00         01          97
                                 420                   00         01          68
                                 421                   00         11          09
MAKUNDPUR                         12                   00         07          03
                                  11                   00         08          13
                                  9                    00         00          10
                                  10                   00         03          96
                                  16                   00         02          51
                                  17                   00         00          56
                                  27                   00         06          77
19 00 00 73 28 00 01 61 4690 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 26 00 13 54
                                    25                  00          04          78
                                    24                  00          00          10
                                    23                  00          00          43
                                    43                  00          01          27
                                    42                  00          08          85
                                    41                  00          02          14
                                    46                  00          11          93
                                    48                  00          00          10
                                    47                  00          00          64
                                    53                  00          07          80
                                    54                  00          02          54
                                    55                  00          10          03
                                    56                  00          13          47
                                    57                  00          00          43
BAGESWARPUR                        1651                 00          00          97
                                   1650                 00          22          65
                                   1652                 00          00          10
                                   1683                 00          07          66
                                1683/1739               00          03          48
                                   1682                 00          00          10
                                   1669                 00          13          28
                                   1681                 00          02          41
                                   1670                 00          01          94
                                   1673                 00          13          21
1675 00 00 10 1674 00 00 45 II (ii) 4691
  1678                  00          00          83
  914                   00          00          77
  873                   00          00          86
  766                   00          12          01
  765                   00          11          02
  769                   00          10          09
  805                   00          00          10
  806                   00          01          11
  807                   00          12          88
  802                   00          01          62
  801                   00          08          48
800/1732                00          03          25
  800                   00          02          74
  811                   00          02          27
  813                   00          00          10
  827                   00          01          34
  829                   00          00          38
  826                   00          10          40
  832                   00          00          10
  823                   00          05          93
  822                   00          13          18
  833                   00          02          67
  745                   00          01          25
  435                   00          21          11
  489                   00          00          55
  488                   00          00          29
487 00 07 95 437 00 00 10 4692 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 485 00 11 57
                                 483                  00          00          22
                                 484                  00          16          68
                                 494                  00          08          25
                                 480                  00          11          38
                                 479                  00          00          35
                                 461                  00          00          10
                                 477                  00          02          45
                                 451                  00          00          10
                                 462                  00          02          85
                                 465                  00          11          95
                                 464                  00          04          75
                                 463                  00          00          85
BARUNDEI                         286                  00          07          90
                                 285                  00          00          75
                                 280                  00          00          97
                                 279                  00          01          44
                                 220                  00          07          37
                                 219                  00          02          01
                                 218                  00          01          41
                                 217                  00          02          91
                                 225                  00          00          10
                               217/369                00          02          91
                                 170                  00          01          27
                                 171                  00          06          77
173 00 08 48 174 00 02 47 II (ii) 4693 175 00 02 52
                                176                   00          00          23
                                179                   00          00          24
                                180                   00          06          77
                                181                   00          22          75
                                189                   00          13          05
                                188                   00          01          68
                                187                   00          10          50
                                371                   00          02          30
PANIDOL                         1640                  00          01          42
                              1640/2902               00          02          14
                                1647                  00          05          76
                                1646                  00          03          64
                                1645                  00          09          71
                              1645/2874               00          08          11
                              1642/2850               00          01          56
                                1642                  00          06          62
                              1642/2900               00          03          06
                                1644                  00          15          82
                              1644/2918               00          06          06
                                1688                  00          01          08
                                1721                  00          06          20
                                1720                  00          00          90
                                1719                  00          05          48
                                1718                  00          01          41
1717 00 05 40 1713 00 10 93 4694 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1701 00 03 97
  1702                   00          09         91
  1703                   00          00         79
  1708                   00          01         43
  1705                   00          14         59
  1699                   00          00         77
  1694                   00          13         88
  1693                   00          01         34
  1691                   00          08         13
  1690                   00          05         65
  2575                   00          00         30
  2572                   00          01         55
  2559                   00          03         86
  2110                   00          10         59
  2558                   00          04         85
  2557                   00          06         73
  2551                   00          03         44
  2555                   00          01         69
  2556                   00          08         31
  2549                   00          15         20
  2120                   00          01         08
  2169                   00          02         97
2169/2887                00          02         98
  2183                   00          01         58
  2182                   00          25         30
  2185                   00          08         80
2190 00 11 91 2189 00 00 86 II (ii) 4695 2191 00 03 88
  2196                   00          17         61
  2195                   00          09         92
  2194                   00          02         32
  2211                   00          05         25
  2212                   00          00         30
  2216                   00          05         16
  2215                   00          01         83
  2217                   00          08         03
  2220                   00          05         87
  2074                   00          02         53
  2073                   00          00         27
  2072                   00          02         63
  2034                   00          21         38
  1975                   00          07         62
  1977                   00          00         69
  1976                   00          04         76
  1978                   00          16         40
1978/2881                00          03         30
  1981                   00          09         65

[F. No. R-25011/11/2017/48396-OR-I/13764]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1814.—के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि में जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

4696 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर ,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची

तहसील-डेलांग जिला - पुरी राज्य –ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
   दनापड़ा                       41              00           11         70
                                 40              00           19         16
                                 31              00           00         71
                                 32              00           00         59
                                 17              00           00         10
                                 16              00           08         62
                                 15              00           00         98
                                 12              00           01         37
                                  4              00           06         59
सड़ांगोइ उत्तरबाड़              1961             00           00         48
                                1960             00           04         36
                                1959             00           02         14
                                1958             00           10         24
                                1957             00           02         31
1982 00 03 32 1101 00 09 98 II (ii) 4697 1110 00 04 15
  1105            00           07        70
  1104            00           10        18
  1116            00           00        81
  1120            00           06        85
  1119            00           00        97
  1122            00           08        88
  1124            00           03        67
  1125            00           02        46
  1126            00           04        32
  1153            00           01        60
  1152            00           09        07
  1127            00           00        10
  1128            00           00        69
  1129            00           08        42
  1130            00           06        35
  1131            00           00        10
  1132            00           17        18
1133/2054         00           06        79
  1200            00           00        51
  1201            00           03        26
  1202            00           05        13
  1203            00           07        39
  1204            00           13        03
  1205            00           01        76
  1206            00           00        31
  1207            00           00        14
  1209            00           14        30
  1212            00           00        69
4698 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
1213            00          00        10
1214            00          11        65
1279            00          00        91
1280            00          02        73
249             00          01        39
184             00          16        25
185             00          02        19
194             00          01        42
195             00          10        58
193             00          00        25
212             00          02        38
198             00          11        05
203             00          07        86
202             00          01        39
208             00          00        58
 61             00          04        00
 93             00          11        09
 92             00          02        05
 91             00          01        09
 90             00          04        39
 87             00          00        10
 88             00          10        62
 89             00          00        10
 98             00          00        12
 99             00          04        93
 94             00          00        48
 86             00          01        56
101             00          04        18
100             00          05        43
II (ii) 4699
                                102             00           00        44
                                103             00           06        54
                                109             00           01        40
                                104             00           08        38
                                105             00           00        27
                                 43             00           00        90
                                 41             00           01        24
                                 42             00           05        37
सड़ांगोइ पश्चिमबाड़             159             00           05        22
                                158             00           01        85
                                157             00           16        38
                                154             00           02        21
                                156             00           08        17
                                155             00           03        48
                                152             00           00        30
                                133             00           00        28
                                135             00           09        38
                                136             00           08        05
                                143             00           00        15
                                137             00           13        83
                                138             00           11        60
                                141             00           24        18
                                313             00           01        77
                                433             00           04        19
                                434             00           03        63
                              435/1589          00           04        46
429 00 09 78 450 00 08 60 4700 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                            464            00           00        30
                            465            00           09        69
                            463            00           00        14
                            462            00           04        41
                            452            00           00        60
                            461            00           02        83
                            460            00           02        90
                            449            00           01        61
                            459            00           06        30
                            472            00           00        21
                            473            00           18        62
                            474            00           20        79
                            475            00           10        37
                            482            00           01        43
                            483            00           01        73
                            485            00           02        46
                            484            00           00        97
चाँइपुर                     280            00           02        20
                            279            00           00        16
                            277            00           02        25
                            265            00           07        48
                            262            00           00        19
                            260            00           02        39
                            259            00           02        47
                            297            00           00        92
                            298            00           01        22
299 00 00 92 II (ii) 4701
                            164             00          04         44
                            165             00          03         00
                            167             00          00         83
                            163             00          05         53
                            173             00          00         37
                            194             00          03         44
                            191             00          04         08
                            192             00          04         78
                            193             00          04         70
                            190             00          05         27
गण्डपड़ा                    940             00          13         69
                            941             00          01         86
                          941/1168          00          03         62
                          941/1169          00          02         59
                            363             00          29         22
                            362             00          09         94
                            356             00          07         49
                            355             00          02         02
                            354             00          01         18
                            342             00          00         95
                            341             00          00         76
                            340             00          00         84
                            379             00          00         94
                            175             00          03         58
                            176             00          14         19
                            179             00          07         52
                            178             00          12         12
                            180             00          00         67
4702 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

183 00 02 35259 00 01 23

                           251             00          00        15
                           252             00          02        35
                           250             00          11        20
                           249             00          00        96
                           197             00          00        10
                           248             00          10        02
                           184             00          00        10
                           247             00          00        27
                         197/1152          00          02        53
                         197/1153          00          00        53
                           231             00          09        21
                           199             00          00        21
                           200             00          05        09
                           201             00          00        20
                           223             00          09        83
                           222             00          04        96
                           221             00          02        83
                         219/1183          00          08        93
                           211             00          08        78
                           212             00          00        70
                           294             00          02        56
निपुर                                      00          01        33
                           748
                           755             00          00        10
                           751             00          09        25
                           750             00          00        86
II (ii) 4703
                             752            00           04        16
                             802            00           06        94
                             803            00           10        26
                             816            00           00        94
                             817            00           00        85
                             818            00           00        86
                             974            00           04        54
                             973            00           08        56
                             972            00           05        28
                             971            00           05        91
                             966            00           00        73
                             944            00           12        92
                             943            00           00        59
                             976            00           00        60
                            1043            00           09        79
                            1025            00           00        30
                            1024            00           33        92
                             981            00           10        70
                             980            00           10        07
                             983            00           00        17
                             984            00           00        52
                             985            00           00        11
गड़ मोटरी                    229            00           00        91
4704 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 230 00 01 43 231 00 01 54
                            232             00           01        92
                            233             00           00        44
                            234             00           00        20
                          200/1693          00           00        56
                          200/1692          00           00        52
                            203             00           00        64
                            202             00           00        77
                            125             00           00        83
                            186             00           00        77
                            183             00           01        07
                            185             00           00        76
                            184             00           00        84
                            429             00           05        67
                            430             00           01        90
                            431             00           06        22
                            474             00           25        57
                            546             00           06        35
                            545             00           04        98
                            542             00           12        29
                            541             00           01        95
बसन्तपुर                    831             00           02        41
                            830             00           00        27
                            829             00           33        17
                            776             00           00        10
                            775             00           18        53
                            771             00           00        10
II (ii) 4705 720 00 06 75
                           721             00          30        19
                           716             00          00        87
                           680             00          00        27
                           930             00          07        12
                           649             00          05        84
                           648             00          04        66
                           647             00          01        58
                           616             00          04        26
                           615             00          08        55
                           602             00          13        63
                           544             00          03        01
                           542             00          06        74
                           543             00          00        95
                           532             00          08        26
                           531             00          01        14
                           529             00          12        02
                           528             00          08        26
                           534             00          03        97
                           525             00          12        53
                           524             00          05        78
                           470             00          00        27
                           448             00          09        61
रेंगल                     3541             00          00        10
                          3543             00          09        47
                          3577             00          03        06
                          3575             00          04        83
                          3544             00          00        84
4706 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  3571            00           06        62
3571/5334         00           06        62
  3570            00           01        36
  3567            00           02        05
  3566            00           02        21
  3565            00           01        62
  3564            00           00        32
  3556            00           06        16
  3557            00           02        26
  3507            00           00        83
  3506            00           01        44
  3505            00           02        67
  3504            00           01        30
  3503            00           01        50
  3332            00           00        45
  3333            00           04        21
  3334            00           00        53
  3335            00           05        39
  3336            00           02        01
  3330            00           04        23
  3329            00           05        33
  3314            00           05        06
  3315            00           02        33
  3317            00           05        84
  3318            00           06        56
  3319            00           04        06
  3320            00           04        68
  3202            00           04        20
  3203            00           01        29
II (ii) 4707 3201 00 03 05
3098            00          02        52
3200            00          02        30
3169            00          07        40
3170            00          00        14
3168            00          04        41
3104            00          04        16
3105            00          05        44
3106            00          00        28
3107            00          05        92
3111            00          05        78
3119            00          00        39
3112            00          04        24
3083            00          02        26
3080            00          04        43
3079            00          04        87
3078            00          02        03
3076            00          01        58
2965            00          05        37
2954            00          01        03
2951            00          06        27
2950            00          05        70
2948            00          01        38
2949            00          06        23
2946            00          05        43
2470            00          03        37
2471            00          00        50
2469            00          10        37
2001            00          00        98
4708 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  2016            00           00        73
  2014            00           00        53
  2002            00           01        40
  2003            00           06        69
  2010            00           07        08
  2009            00           02        14
  2011            00           01        77
  2008            00           02        58
  1974            00           00        65
  1977            00           02        33
  1978            00           00        54
  1960            00           02        57
  1961            00           00        55
1977/3766         00           02        75
1974/3765         00           04        57
1969/3757         00           00        10
  1966            00           06        35
  1969            00           00        10
  1968            00           01        81
  1965            00           01        00
  1964            00           01        68
  1963            00           03        09
  1947            00           05        58
  1948            00           00        88
  1945            00           01        92
1945/3855         00           01        92
  1944            00           02        86
  1943            00           00        17
1941 00 02 72 II (ii) 4709
  1942            00           03        43
  2070            00           00        14
  1938            00           03        45
  2071            00           06        63
  2243            00           02        86
  2242            00           03        85
  2241            00           00        15
  2245            00           03        95
  2246            00           02        84
  2247            00           00        97
  2248            00           00        33
2238/3712         00           00        31
2237/3711         00           02        36
  2237            00           05        26
  2236            00           04        90
  2235            00           04        98
  2137            00           00        10
  2136            00           07        39
  2133            00           02        46
  2135            00           00        48
2135/4055         00           00        48
2133/4054         00           02        46
  2111            00           05        19
  2131            00           02        73
  2112            00           07        01
  2129            00           01        31
  2128            00           02        26
  2113            00           01        38
  2127            00           06        26
4710 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                              2126             00          02        16
                              2125             00          03        18
                              2119             00          03        81
                              2124             00          03        17
                              2121             00          04        08
                              2122             00          00        77
                              2120             00          00        10
                              1976             00          00        10
सानबेगुनिआपड़ा                 188             00          03        25
                               189             00          03        11
                               190             00          04        62
                               193             00          07        37
                               194             00          03        03
                             194/248           00          00        17
                             194/247           00          00        17
                               175             00          01        40
                               176             00          02        27
                               171             00          01        43
                               172             00          01        60
                               169             00          02        84
                               168             00          02        39
                                94             00          04        25
                                93             00          02        84

[फा.सं. आर-25011/11/2017/48396-ओआर-I/13764]

पवन कु मार , अवर सचिवII (ii) 4711

New Delhi, the 3rd August, 2017

S.O. 1814.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil: DELANG District - PURI State: ODISHA
Name of Village Plot No. Area
Hectare Are Sq. mtr
1 2 3 4 5
                                      40              00            19         16
                                      31              00            00         71
                                      32              00            00         59
                                      17              00            00         10
                                      16              00            08         62
                                      15              00            00         98
                                      12              00            01         37
                                      4               00            06         59
SARANGOI UTTARBAR                    1961             00            00         48
                                     1960             00            04         36
                                     1959             00            02         14
1958 00 10 24 4712 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1957 00 02 31 1982 00 03 32
  1101              00             09         98
  1110              00             04         15
  1105              00             07         70
  1104              00             10         18
  1116              00             00         81
  1120              00             06         85
  1119              00             00         97
  1122              00             08         88
  1124              00             03         67
  1125              00             02         46
  1126              00             04         32
  1153              00             01         60
  1152              00             09         07
  1127              00             00         10
  1128              00             00         69
  1129              00             08         42
  1130              00             06         35
  1131              00             00         10
  1132              00             17         18
1133/2054           00             06         79
  1200              00             00         51
  1201              00             03         26
  1202              00             05         13
  1203              00             07         39
  1204              00             13         03
  1205              00             01         76
1206 00 00 31 II (ii) 4713 1207 00 00 14 1209 00 14 30
1212              00            00          69
1213              00            00          10
1214              00            11          65
1279              00            00          91
1280              00            02          73
 249              00            01          39
 184              00            16          25
 185              00            02          19
 194              00            01          42
 195              00            10          58
 193              00            00          25
 212              00            02          38
 198              00            11          05
 203              00            07          86
 202              00            01          39
 208              00            00          58
 61               00            04          00
 93               00            11          09
 92               00            02          05
 91               00            01          09
 90               00            04          39
 87               00            00          10
 88               00            10          62
 89               00            00          10
 98               00            00          12
99 00 04 93 94 00 00 48 4714 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 86 00 01 56 101 00 04 18
                                       100              00            05         43
                                       102              00            00         44
                                       103              00            06         54
                                       109              00            01         40
                                       104              00            08         38
                                       105              00            00         27
                                       43               00            00         90
                                       41               00            01         24
                                       42               00            05         37
SADANGOI PASCHIMBAD                    159              00            05         22
                                       158              00            01         85
                                       157              00            16         38
                                       154              00            02         21
                                       156              00            08         17
                                       155              00            03         48
                                       152              00            00         30
                                       133              00            00         28
                                       135              00            09         38
                                       136              00            08         05
                                       143              00            00         15
                                       137              00            13         83
                                       138              00            11         60
                                       141              00            24         18
                                       313              00            01         77
                                       433              00            04         19
434 00 03 63 II (ii) 4715 435/1589 00 04 46 429 00 09 78
                                 450              00            08         60
                                 464              00            00         30
                                 465              00            09         69
                                 463              00            00         14
                                 462              00            04         41
                                 452              00            00         60
                                 461              00            02         83
                                 460              00            02         90
                                 449              00            01         61
                                 459              00            06         30
                                 472              00            00         21
                                 473              00            18         62
                                 474              00            20         79
                                 475              00            10         37
                                 482              00            01         43
                                 483              00            01         73
                                 485              00            02         46
                                 484              00            00         97
CHAINPUR                         280              00            02         20
                                 279              00            00         16
                                 277              00            02         25
                                 265              00            07         48
                                 262              00            00         19
                                 260              00            02         39
259 00 02 47 297 00 00 92 4716 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 298 00 01 22 299 00 00 92
                                  164              00            04         44
                                  165              00            03         00
                                  167              00            00         83
                                  163              00            05         53
                                  173              00            00         37
                                  194              00            03         44
                                  191              00            04         08
                                  192              00            04         78
                                  193              00            04         70
                                  190              00            05         27
GANDAPARA                         940              00            13         69
                                  941              00            01         86
                                 1168              00            03         62
                                 1169              00            02         59
                                  363              00            29         22
                                  362              00            09         94
                                  356              00            07         49
                                  355              00            02         02
                                  354              00            01         18
                                  342              00            00         95
                                  341              00            00         76
                                  340              00            00         84
                                  379              00            00         94
                                  175              00            03         58
                                  176              00            14         19
179 00 07 52 II (ii) 4717 178 00 12 12 180 00 00 67
                               183               00            02         35
                               259               00            01         23
                               251               00            00         15
                               252               00            02         35
                               250               00            11         20
                               249               00            00         96
                               197               00            00         10
                               248               00            10         02
                               184               00            00         10
                               247               00            00         27
                             197/1152            00            02         53
                             197/1153            00            00         53
                               231               00            09         21
                               199               00            00         21
                               200               00            05         09
                               201               00            00         20
                               223               00            09         83
                               222               00            04         96
                               221               00            02         83
                             219/1183            00            08         93
                               211               00            08         78
                               212               00            00         70
                               294               00            02         56
NIPUR                                            00            01         33
                               748
755 00 00 10 751 00 09 25 4718 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 750 00 00 86 752 00 04 16
                                  802              00            06          94
                                  803              00            10          26
                                  816              00            00          94
                                  817              00            00          85
                                  818              00            00          86
                                  974              00            04          54
                                  973              00            08          56
                                  972              00            05          28
                                  971              00            05          91
                                  966              00            00          73
                                  944              00            12          92
                                  943              00            00          59
                                  976              00            00          60
                                  1043             00            09          79
                                  1025             00            00          30
                                  1024             00            33          92
                                  981              00            10          70
                                  980              00            10          07
                                  983              00            00          17
                                  984              00            00          52
                                  985              00            00          11
GARAMOTARI                        229              00            00          91
                                  230              00            01          43
                                  231              00            01          54
                                  232              00            01          92
233 00 00 44 II (ii) 4719 234 00 00 20
                               200/1693            00            00         56
                               200/1692            00            00         52
                                 203               00            00         64
                                 202               00            00         77
                                 125               00            00         83
                                 186               00            00         77
                                 183               00            01         07
                                 185               00            00         76
                                 184               00            00         84
                                 429               00            05         67
                                 430               00            01         90
                                 431               00            06         22
                                 474               00            25         57
                                 546               00            06         35
                                 545               00            04         98
                                 544               00            01         06
                                 542               00            12         29
                                 541               00            01         95
BASANTPUR                        831               00            02         41
                                 830               00            00         27
                                 829               00            33         17
                                 776               00            00         10
                                 775               00            18         53
                                 771               00            00         10
                                 720               00            06         75
                                 721               00            30         19
716 00 00 87 4720 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 680 00 00 27 930 00 07 12
                                649              00            05          84
                                648              00            04          66
                                647              00            01          58
                                616              00            04          26
                                615              00            08          55
                                602              00            13          63
                                544              00            03          01
                                542              00            06          74
                                543              00            00          95
                                532              00            08          26
                                531              00            01          14
                                529              00            12          02
                                528              00            08          26
                                534              00            03          97
                                525              00            12          53
                                524              00            05          78
                                470              00            00          27
                                448              00            09          61
RENGAL                         3541              00            00          10
                               3543              00            09          47
                               3577              00            03          06
                               3575              00            04          83
                               3544              00            00          84
                               3571              00            06          62
                             3571/5334           00            06          62
3570 00 01 36 II (ii) 4721 3567 00 02 05 3566 00 02 21
3565              00            01          62
3564              00            00          32
3556              00            06          16
3557              00            02          26
3507              00            00          83
3506              00            01          44
3505              00            02          67
3504              00            01          30
3503              00            01          50
3332              00            00          45
3333              00            04          21
3334              00            00          53
3335              00            05          39
3336              00            02          01
3330              00            04          23
3329              00            05          33
3314              00            05          06
3315              00            02          33
3317              00            05          84
3318              00            06          56
3319              00            04          06
3320              00            04          68
3202              00            04          20
3203              00            01          29
3201              00            03          05
3098              00            02          52
3200 00 02 30 4722 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 3169 00 07 40 3170 00 00 14
3168              00            04          41
3104              00            04          16
3105              00            05          44
3106              00            00          28
3107              00            05          92
3111              00            05          78
3119              00            00          39
3112              00            04          24
3083              00            02          26
3080              00            04          43
3079              00            04          87
3078              00            02          03
3076              00            01          58
2965              00            05          37
2954              00            01          03
2951              00            06          27
2950              00            05          70
2948              00            01          38
2949              00            06          23
2946              00            05          43
2470              00            03          37
2471              00            00          50
2469              00            10          37
2001              00            00          98
2016              00            00          73
2014              00            00          53
2002 00 01 40 II (ii) 4723 2003 00 06 69 2010 00 07 08
  2009               00            02         14
  2011               00            01         77
  2008               00            02         58
  1974               00            00         65
  1977               00            02         33
  1978               00            00         54
  1960               00            02         57
  1961               00            00         55
1977/3766            00            02         75
1974/3765           000            04         57
1969/3757            00            00         10
  1966               00            06         35
  1969               00            00         10
  1968               00            01         81
  1965               00            01         00
  1964               00            01         68
  1963               00            03         09
  1947               00            05         58
  1948               00            00         88
  1945               00            01         92
1945/3855            00            01         92
  1944               00            02         86
  1941               00            02         72
  1942               00            03         43
  2070               00            00         14
1938 00 03 45 2071 00 06 63 4724 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2243 00 02 86 2242 00 03 85
  2241               00            00         15
  2245               00            03         95
  2246               00            02         84
  2247               00            00         97
  2248               00            00         33
2238/3712            00            00         31
2237/3711            00            02         36
  2237               00            05         26
  2236               00            04         90
  2235               00            04         98
  2137               00            00         10
  2136               00            07         39
  2133               00            02         46
  2135               00            00         48
2135/4055            00            00         48
2133/4054            00            02         46
  2111               00            05         19
  2131               00            02         73
  2112               00            07         01
  2129               00            01         31
  2128               00            02         26
  2113               00            01         38
  2127               00            06         26
  2126               00            02         16
  2125               00            03         18
  2119               00            03         81
2124 00 03 17 II (ii) 4725 2121 00 04 08
                                     2122              00            00         77
                                     2120              00            00         10
                                     1976              00            00         10
SANABEGUNIANPARA                      188              00            03         25
                                      189              00            03         11
                                      190              00            04         62
                                      193              00            07         37
                                      194              00            03         03
                                    194/248            00            00         17
                                    194/247            00            00         17
                                      175              00            01         40
                                      176              00            02         27
                                      171              00            01         43
                                      172              00            01         60
                                      169              00            02         84
                                      168              00            02         39
                                      94               00            04         25
                                      93               00            02         84

[F. No. R-25011/11/2017/48396-OR-I/13764]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1815.—के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि मे जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

4726 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर ,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील-बेगुनिआ जिला-खोद्र्धा राज्य-ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
हज                        2844                 00         09           14
                          2842                 00         02           50
                          2852                 00         07           83
                          2853                 00         03           97
                          2854                 00         01           27
                          2855                 00         02           63
                          2856                 00         04           17
                       2854/3639               00         00           10
                          2858                 00         04           75
                          2860                 00         02           82
                          2861                 00         00           58
                          2862                 00         04           58
                          2865                 00         02           63
                          2866                 00         02           84
2870 00 03 80 II (ii) 4727 2871 00 02 04
  2872                  00         02          14
  2877                  00         03          37
  2878                  00         05          90
  2879                  00         00          72
  2889                  00         02          82
  2890                  00         00          22
  2914                  00         00          58
  3262                  00         03          20
3260/3551               00         05          53
  3259                  00         04          12
  3257                  00         07          59
  3146                  00         01          72
  3145                  00         03          28
  3144                  00         03          24
  3142                  00         02          96
  3141                  00         03          88
  3140                  00         03          42
  3156                  00         00          30
  3139                  00         03          13
  3138                  00         03          81
  3137                  00         00          50
  3086                  00         07          40
  3085                  00         05          37
  3080                  00         09          93
  3079                  00         03          03
3075 00 01 74 3074 00 01 90 4728 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 3073 00 00 15
  3068                  00         02           58
  3066                  00         02           08
  3061                  00         03           43
  3060                  00         02           31
  3054                  00         02           55
  3051                  00         05           03
  1267                  00         01           26
  1277                  00         03           07
  1278                  00         08           80
  1281                  00         02           38
1254/3517               00         02           73
  1252                  00         02           54
  1250                  00         02           31
  1222                  00         03           78
  1221                  00         02           60
  1201                  00         02           74
  1202                  00         02           08
  1198                  00         00           48
  1184                  00         03           13
  1176                  00         01           66
  1175                  00         00           98
  1172                  00         03           11
1170/3670               00         00           42
1170/3669               00         02           51
  1169                  00         02           81
1168 00 03 42 1163 00 02 50 II (ii) 4729 1160 00 00 10
   1157                 00         01           27
   1161                 00         03           95
   1156                 00         01           68
   1155                 00         00           62
  1128                 00          00           10
  1154                 00          01           22
  1127                 00          00           15
  1110                 00          00           20
1110/3485              00          00           23
1099/3484              00          01           62
  1100                 00          01           51
  1109                 00          00           59
  1108                 00          01           32
  1101                 00          00           23
  1107                 00          01           97
  1104                 00          00           10
  1105                 00          00           40
  1106                 00          01           56
  1103                 00          00           10
  1061                 00          04           70
  1070                 00          00           99
  1068                 00          09           73
  1064                 00          01           58
  1067                 00          09           88
  1008                 00          16           99
967 00 06 10 968 00 05 79 4730 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 815 00 08 24
  816                 00           09          91
  822                 00           01          47
  823                 00           08          57
802/3627              00           04          49
802/3628              00           04          05
  801                 00           03          41
  787                 00           00          73
  798                 00           02          78
  797                 00           02          71
  790                 00           07          77
  789                 00           02          59
  788                 00           01          95
  719                 00           06          78
  706                 00           04          75
  703                 00           02          60
  702                 00           02          64
  701                 00           03          47
  695                 00           00          10
  698                 00           00          19
  696                 00           02          58
  689                 00           03          45
  690                 00           03          29
  673                 00           00          10
  674                 00           01          92
  679                 00           02          22
680 00 01 09 681 00 01 70 II (ii) 4731
  682                 00           00          73
  683                 00           01          78
  684                 00           01          97
  666                 00           03          67
  668                 00           00          17
  667                 00           04          16
667/3742              00           00          75
  660                 00           03          23
  503                 00           13          30
  498                 00           00          10
  504                 00           00          10
  505                 00           00          44
  506                 00           01          90
  508                 00           04          48
  509                 00           01          38
  497                 00           00          21
  494                 00           00          82
  493                 00           00          36
  492                 00           05          28
  488                 00           01          08
488/3759              00           01          08
  485                 00           01          03
  482                 00           00          52
  483                 00           03          31
484/3681              00           00          76
   480                 00          01          43
479 00 00 80 476 00 01 39 4732 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 478 00 01 45
  477                  00         05           56
  462                  00         00           49
  463                  00         00           64
  464                  00         00           35
  466                  00         00           39
  467                  00         01           76
  469                  00         01           67
  468                  00         05           02
  411                  00         05           25
  410                  00         01           81
  409                  00         00           31
  398                  00         03           13
  408                  00         00           10
  399                  00         01           95
  407                  00         00           37
  406                  00         00           62
  405                  00         00           63
  404                  00         01           04
  403                  00         01           08
  402                  00         00           71
  401                  00         01           97
  400                  00         05           40
  129                  00         07           63
  128                  00         03           52
125/3504               00         00           58
125 00 00 64 220/3503 00 00 58 II (ii) 4733 118 00 01 18
120                  00         00           10
119                  00         18           31
117                  00         05           31
116                  00         01           23
115                  00         05           22
112                  00         04           65
111                 00          02           35
110                 00          01           80
109                 00          00           13
107                 00          01           76
106                 00          02           14
105                 00          03           55
104                 00          00           10
101                 00          08           94
102                 00          03           57
97                  00          05           90
96                  00          09           32
98                  00          03           57
90                  00          01           39
89                  00          07           31
88                  00          03           87
87                  00          02           12
85                  00          01           46
86                  00          00           20
84                  00          00           15
81 00 08 07 4734 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
बेलपड़ा                   1272                 00          01           05
                          1265                 00          03           16
                          1269                 00          00           37
                          1266                 00          05           96
                          1261                 00          09           97
                          1262                 00          00           30
                          1263                 00          01           57
                          1264                 00          04           40
                          1251                 00          00           10
                          1252                 00          00           15
                          1240                 00          01           67
                          1239                 00          08           87
                          1231                 00          04           45
                          1222                 00          03           58
                          1223                 00          01           15
                          1208                 00          02           93
                          1209                 00          04           06
                           1194                 00         05           34
                           1164                 00         06           89
                           1163                 00         00           10
                           1160                 00         03           39
                           1159                 00         03           38
                           1157                 00         03           30
                           1156                 00         06           21
                           1155                 00         03           09
                           1130                 00         00           22
1128 00 07 41 1127 00 01 18 II (ii) 4735 1126 00 03 79
  1120                  00         05          34
  1112                  00         00          10
  1111                  00         03          11
  1110                  00         03          65
  1109                  00         04          54
  1097                  00         00          84
  1099                  00         03          60
1098/1301               00         03          00
1098/1300               00         02          99
  1023                  00         04          62
  1022                  00         05          82
  1016                  00         07          49
  1017                  00         03          01
  1015                  00         05          68
  1010                  00         07          40
  1009                  00         02          65
  1007                  00         03          05
  1006                  00         02          29
  1003                  00         03          21
  1002                  00         03          11
   992                  00         08          78
  1024                  00         01          06
  1054                  00         02          01
  1052                  00         03          83
  1051                  00         02          61
1050 00 01 15 1046 00 03 50 4736 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                            1043                 00         00           96
                            1042                 00         00           71
                            1040                 00         02           04
                            1037                 00         03           98
                            1036                 00         04           39
                            1034                 00         00           49
                         1034/1383               00         02           87
                            1033                 00         00           46
                            1028                 00         04           51
                            1027                 00         00           10
                            761                  00         00           59
                            760                  00         05           43
                            759                  00         08           00
                            757                  00         02           90
                            755                  00         01           21
                            754                  00         01           61
                            750                  00         00           37
एकडालिआ                     932                 00          00           60
                            931                 00          03           76
                            930                 00          01           51
                            929                 00          09           09
                            917                 00          08           55
                            916                 00          00           23
                            915                 00          03           93
                            914                 00          00           38
                            918                 00          00           12
909 00 03 26 II (ii) 4737 908 00 01 82
907                  00          02          04
905                  00          00          81
906                  00          04          34
904                  00          00          53
902                  00          04          51
903                  00          00          23
901                  00          04          99
894                  00          04          53
892                  00          02          41
893                  00          02          16
891                  00          07          25
884                  00          03          10
883                  00          02          22
882                  00          01          07
881                  00          00          20
835                  00          01          78
1035                 00          03          63
1036                 00          05          34
1038                 00          01          86
1040                 00          02          75
1039                 00          00          61
1041                 00          00          19
1042                 00          00          10
826                  00          05          00
827                  00          05          33
831 00 04 70 4738 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 824 00 06 49
823                 00           05          70
833                 00           05          04
822                 00           00          10
784                 00           00          97
335                 00           03          73
332                 00           00          81
817                 00           00          42
815                 00           05          41
795                 00           02          66
813                 00           03          88
796                 00           05          60
794                 00           05          07
793                 00           00          10
786                 00           01          00
788                 00           01          75
787                 00           02          51
770                 00           02          34
771                 00           02          43
772                 00           03          48
774                 00           03          00
775                 00           02          53
623                 00           02          76
624                 00           02          34
625                 00           04          10
611                 00           04          63
599 00 04 43 609 00 01 00 II (ii) 4739 600 00 02 85
                             601                  00           00           51
                             602                  00           01           01
                             590                  00           03           78
                             589                  00           02           91
                             577                  00           00           13
                             578                  00           05           49
                              581                  00          00           37
                              557                  00          00           52
                              555                  00          03           60
                              556                  00          02           26
                              558                  00          01           50
                            558/1475               00          01           13
                            558/1498               00          00           88
                              553                  00          00           13
                              559                  00          02           22
                            559/1473               00          00           62
                              547                  00          01           36
                              560                  00          04           78
                              486                  00          07           77
                              498                  00          04           90
                              505                  00          04           24
                              507                  00          04           86
चन्द्रशेखरपुर                 872                  00          04           42
                              876                  00          02           99
                            875/1717               00          01           07
881 00 03 21 4740 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 878 00 01 93
880                  00         03          79
879                  00         00          33
863                  00         04          49
862                  00         05          16
861                  00         03          01
858                  00         02          75
857                  00         00          50
887                  00         03          55
813                  00         01          22
897                  00         00          91
892                  00         04          00
 909                 00         04          77
 911                 00         05          42
 913                 00         03          32
 921                 00         00          72
 932                 00         07          03
 931                 00         02          90
 933                 00         00          82
 930                 00         08          08
 929                 00         02          82
 954                 00         04          71
 953                 00         00          87
 989                 00         00          13
 955                 00         04          47
 988                 00         02          82
981 00 02 13 987 00 01 36 II (ii) 4741 982 00 03 43
 986                 00         00          12
983                  00         03          46
984                  00         04          33
1062                 00         00          14
1061                 00         03          68
1006                 00         03          80
1060                 00         03          34
1055                 00         02          53
1056                 00         05          52
1039                 00         07          84
1040                 00         03          95
1035                 00         04          75
1074                 00         00          62
1034                 00         03          32
1033                 00         00          56
1086                 00         00          10
1087                 00         03          03
414                  00         02          10
408                  00         03          76
407                  00         00          10
409                  00         00          39
410                  00         02          24
406                  00         01          00
194                  00         07          88
195                  00         00          33
200 00 04 70 201 00 04 00 4742 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 203 00 00 61
  204                 00          03          16
  344                 00          02          34
  343                 00          04          70
  207                 00          00          54
  208                 00          02          16
  342                 00          00          23
  341                 00          00          33
  209                 00          02          28
  211                 00          03          63
  335                 00          00          30
  212                 00          04          01
215/1704              00          03          24
334/1705              00          01          74
  334                 00          01          82
  333                 00          00          41
  225                 00          02          98
  332                 00          00          83
  331                 00          11          29
  230                 00          01          35
  330                 00          03          30
  245                 00          04          21
  231                 00          01          18
  248                 00          02          42
  249                 00          00          83
  246                 00          02          93
247 00 01 33 250 00 00 86 II (ii) 4743 242 00 04 79
                             241                 00          04           51
                             240                 00          00           10
                            252                  00          03           48
                            255                  00          03           55
                            256                  00          02           36
                             96                  00          08           07
                             95                  00          04           65
बोरिगुआँ                    438                  00          09           87
                            664                  00          02           19
                            439                  00          07           44
                            446                  00          06           05
                           447/695               00          02           82
                           448/706               00          02           49
                            447                  00          03           57
                            455                  00          00           20
                            456                  00          00           22
                            457                  00          05           01
                            458                  00          00           10
                           459/689               00          00           10
                            460                  00          06           75
                            464                  00          00           68
                            465                  00          02           55
                            466                  00          02           55
                            467                  00          05           05
                            469                  00          05           15
472 00 07 33 4744 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 491 00 02 84
  494                  00         00          65
  495                  00         02          62
  500                  00         03          21
  499                  00         03          27
  502                  00         00          65
  501                  00         07          09
  504                  00         06          37
  532                  00         04          71
  534                  00         05          19
  535                  00         00          10
  195                  00         01          11
  557                  00         02          13
  558                  00         00          65
  194                  00         02          74
  193                  00         04          09
  564                  00         02          53
  145                  00         06          53
  146                  00         00          35
144/707                00         02          89
  144                  00         04          08
  127                  00         05          43
  131                  00         00          89
  128                  00         01          84
  129                  00         03          80
  130                  00         00          40
115 00 07 22 116 00 07 24 II (ii) 4745 117 00 00 48
खड़िपदर                     574                  00         00           10
                            563                  00         06           42
                            562                  00         20           84
                            565                  00         00           48
                            564                  00         00           43
                            566                  00         00           10
                            552                  00         00           33
                            554                  00         02           32
                            556                  00         03           58
                            561                  00         01           90
                            557                  00         03           22
                            558                  00         00           10
                            559                  00         02           26
                            560                  00         03           80
                            498                  00         03           04
                            497                  00         03           44
                            496                  00         00           84
                            495                  00         01           78
                            494                  00         02           73
                            493                  00         04           57
                            406                  00         00           32
                            492                 00          05           23
                            439                 00          07           96
                            438                 00          01           92
                            437                 00          00           35
440 00 04 52 4746 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 481 00 00 10
478                  00         01           72
479                  00         00           10
477                  00         01           58
441                  00         02           11
476                  00         02           40
475                  00         02           25
443                  00         00           10
444                  00         03           92
445                  00         03           00
452                  00         02           83
453                  00         01           37
451                  00         00           56
454                  00         08           75
449                  00         00           47
456                  00         00           10
455                  00         00           10

[फा.सं. आर-25011/17/2017-ओआ-I/48599/13715]

पवन कु मार, अवर सचिव

New Delhi, the 3rd August, 2017

S.O. 1815.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

II (ii) 4747
SCHEDULE
Tehsil : BEGUNIA District : KHORDHA State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
HAJA                             2844                   00         09         14
                                 2842                   00         02         50
                                 2852                   00         07         83
                                 2853                   00         03         97
                                 2854                   00         01         27
                                 2855                   00         02         63
                                 2856                   00         04         17
                              2854/3639                 00         00         10
                                 2858                   00         04         75
                                 2860                   00         02         82
                                 2861                   00         00         58
                                 2862                   00         04         58
                                 2865                   00         02         63
                                 2866                   00         02         84
                                 2870                   00         03         80
                                 2871                   00         02         04
                                 2872                   00         02         14
                                 2877                   00         03         37
                                 2878                   00         05         90
                                 2879                   00         00         72
                                 2889                   00         02         82
                                 2890                   00         00         22
                                 2914                   00         00         58
                                 3262                   00         03         20
                              3260/3551                 00         05         53
                                 3259                   00         04         12
                                 3257                   00         07         59
                                 3146                   00         01         72
                                 3145                   00         03         28
3144 00 03 24 3142 00 02 96 4748 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 3141 00 03 88 3140 00 03 42
  3156                    00         00         30
  3139                    00         03         13
  3138                    00         03         81
  3137                    00         00         50
  3086                    00         07         40
  3085                    00         05         37
  3080                    00         09         93
  3079                    00         03         03
  3075                    00         01         74
  3074                    00         01         90
  3073                    00         00         15
  3068                    00         02         58
  3066                    00         02         08
  3061                    00         03         43
  3060                    00         02         31
  3054                    00         02         55
  3051                    00         05         03
  1267                    00         01         26
  1277                    00         03         07
  1278                    00         08         80
  1281                    00         02         38
1254/3517                 00         02         73
  1252                    00         02         54
  1250                    00         02         31
  1222                    00         03         78
  1221                    00         20         60
  1201                    00         02         74
  1202                    00         02         08
  1198                    00         00         48
  1184                    00         03         13
  1176                    00         01         66
  1175                    00         00         98
1172 00 03 11 1170/3670 00 00 42 II (ii) 4749 1170/3669 00 02 51 1169 00 02 81
  1168                    00         03         42
  1163                    00         02         50
  1160                    00         00         10
  1157                    00         01         27
  1161                    00         03         95
  1156                    00         01         68
  1155                    00         00         62
  1128                    00         00         10
  1154                    00         01         22
  1127                    00         00         15
  1110                    00         00         20
1110/3485                 00         00         23
1099/3484                 00         01         62
  1100                    00         01         51
  1109                    00         00         59
  1108                    00         01         32
  1101                    00         00         23
  1107                    00         01         97
  1104                    00         00         10
  1105                    00         00         54
  1106                    00         01         56
  1103                    00         00         10
  1061                    00         04         70
  1070                    00         00         99
  1068                    00         09         73
  1064                    00         01         58
  1067                    00         09         88
  1008                    00         16         99
   967                    00         06         10
   968                    00         05         79
   815                    00         08         24
   816                    00         09         91
822 00 01 47 823 00 08 57 4750 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 802/3627 00 04 49 802/3628 00 04 05
  801                    00          03        41
  787                    00          00        73
  798                    00          02        78
  797                    00          02        71
  790                    00          07        77
  789                    00          02        59
  788                    00          01        95
  719                    00          06        78
  706                    00          04        75
  703                    00          02        60
  702                    00          02        64
  701                    00          03        47
  695                    00          00        10
  698                    00          00        19
  696                    00          02        58
  689                    00          03        45
  690                    00          03        29
  673                    00          00        10
  674                    00          01        92
  679                    00          02        22
  680                    00          01        09
  681                    00          01        70
  682                    00          00        73
  683                    00          01        78
  684                    00          01        97
  666                    00          03        67
  668                    00          00        17
  667                    00          04        16
667/3742                 00          00        75
  660                    00          03        23
  503                    00          13        30
  498                    00          00        10
504 00 00 10 505 00 00 44 II (ii) 4751 506 00 01 90 508 00 04 48
  509                    00          01        38
  497                    00          00        21
  494                    00          00        82
  493                    00          00        36
  492                    00          05        28
  488                    00          01        08
488/3759                 00          01        08
  485                    00          01        03
  482                    00          00        52
  483                    00          03        31
484/3681                 00          00        76
  480                    00          01        43
  479                    00          00        80
  476                    00          01        39
  478                    00          01        45
  477                    00          05        56
  462                    00          00        49
  463                    00          00        64
  464                    00          00        35
  466                    00          00        39
  467                    00          01        76
  469                    00          01        67
  468                    00          05        02
  411                    00          05        25
  410                    00          01        81
  409                    00          00        31
  398                    00          03        13
  408                    00          00        10
  399                    00          01        95
  407                    00          00        37
  406                    00          00        62
  405                    00          00        63
404 00 01 04 403 00 01 08 4752 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 402 00 00 71 401 00 01 97
  400                    00          05        40
  129                    00          07        63
  128                    00          03        52
125/3504                 00          00        58
  125                    00          00        64
220/3503                 00          00        58
  118                    00          01        18
  120                    00          00        10
  119                    00          18        31
  117                    00          05        31
  116                    00          01        23
  115                    00          05        22
  112                    00          04        65
  111                    00          02        35
  110                    00          01        80
  109                    00          00        13
  107                    00          01        76
  106                    00          02        14
  105                    00          03        55
  104                    00          00        10
  101                    00          08        94
  102                    00          03        57
   97                    00          05        90
   96                    00          09        32
   98                    00          03        57
   90                    00          01        39
   89                    00          07        31
   88                    00          03        87
   87                    00          02        12
   85                    00          01        46
   86                    00          00        20
   84                    00          00        15
81 00 08 07 II (ii) 4753

BELAPARA 1272 00 01 051265 00 03 16

1269                   00          00         37
1266                   00          05         96
1261                   00          09         97
1262                   00          00         30
1263                   00          01         57
1264                   00          04         40
1251                   00          00         10
1252                   00          00         15
1240                   00          01         67
1239                   00          08         87
1231                   00          04         45
1222                   00          03         58
1223                   00          01         15
1208                   00          02         93
1209                   00          04         06
1194                   00          05         34
1164                   00          06         89
1163                   00          00         10
1160                   00          03         39
1159                   00          03         38
1157                   00          03         30
1156                   00          06         21
1155                   00          03         09
1130                   00          00         22
1128                   00          07         41
1127                   00          01         18
1126                   00          03         79
1120                   00          05         34
1112                   00          00         10
1111                   00          03         11
1110                   00          03         65
1109                   00          04         54
1097 00 00 84 1099 00 03 60 4754 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1098/1301 00 03 00 1098/1300 00 02 99
  1023                    00         04         62
  1022                    00         05         82
  1016                    00         07         49
  1017                    00         03         01
  1015                    00         05         68
  1010                    00         07         40
  1009                    00         02         65
  1007                    00         03         05
  1006                    00         02         29
  1003                    00         03         21
  1002                    00         03         11
   992                    00         08         78
  1024                    00         01         06
  1054                    00         02         01
  1052                    00         03         83
  1051                    00         02         61
  1050                    00         01         15
  1046                    00         03         50
  1043                    00         00         96
  1042                    00         00         71
  1040                    00         02         04
  1037                    00         03         98
  1036                    00         04         39
  1034                    00         00         49
1034/1383                 00         02         87
  1033                    00         00         46
  1028                    00         04         51
  1027                    00         00         10
   761                    00         00         59
   760                    00         05         43
   759                    00         08         00
   757                    00         02         90
755 00 01 21 754 00 01 61 II (ii) 4755 750 00 00 37
EKADALIA                           932                    00         00         60
                                   931                    00         03         76
                                   930                    00         01         51
                                   929                    00         09         09
                                   917                    00         08         55
                                   916                    00         00         23
                                   915                    00         03         93
                                   914                    00         00         38
                                   918                    00         00         12
                                   909                    00         03         26
                                   908                    00         01         82
                                   907                    00         02         04
                                   905                    00         00         81
                                   906                    00         04         34
                                   904                    00         00         53
                                   902                    00         04         51
                                   903                    00         00         23
                                   901                    00         04         99
                                   894                    00         04         53
                                   892                    00         02         41
                                   893                    00         02         16
                                   891                    00         07         25
                                   884                    00         03         10
                                   883                    00         02         22
                                   882                    00         01         07
                                   881                    00         00         20
                                   835                    00         01         78
                                   1035                   00         03         63
                                   1036                   00         05         34
                                   1038                   00         01         86
                                   1040                   00         02         75
                                   1039                   00         00         61
1041 00 00 19 1042 00 00 10 4756 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 826 00 05 00 827 00 05 33
831                    00         04         70
824                    00         06         49
823                    00         05         70
833                    00         05         04
822                    00         00         10
784                    00         00         97
335                    00         03         73
332                    00         00         81
817                    00         00         42
815                    00         05         41
795                    00         02         66
813                    00         03         88
796                    00         05         60
794                    00         05         07
793                    00         00         10
786                    00         01         00
788                    00         01         75
787                    00         02         51
770                    00         02         34
771                    00         02         43
772                    00         03         48
774                    00         03         00
775                    00         02         53
623                    00         02         76
624                    00         02         34
625                    00         04         10
611                    00         04         63
599                    00         04         43
609                    00         01         00
600                    00         02         85
601                    00         00         51
602                    00         01         01
590 00 03 78 589 00 02 91 II (ii) 4757 577 00 00 13 578 00 05 49
                                         581                    00         00        37
                                         557                    00         00        52
                                         555                    00         03        60
                                         556                    00         02        26
                                         558                    00         01        50
                                       558/1475                 00         01        13
                                       558/1498                 00         00        88
                                         553                    00         00        13
                                         559                    00         02        22
                                       559/1473                 00         00        62
                                         547                    00         01        36
                                         560                    00         04        78
                                         486                    00         07        77
                                         498                    00         04        90
                                         505                    00         04        24
                                         507                    00         04        86
CHANDRASEKHARPUR                         872                    00         04        42
                                         876                    00         02        99
                                       875/1717                 00         01        07
                                         881                    00         03        21
                                         878                    00         01        93
                                         880                    00         03        79
                                         879                    00         00        33
                                         863                    00         04        49
                                         862                    00         05        16
                                         861                    00         03        01
                                         858                    00         02        75
                                         857                    00         00        50
                                         887                    00         03        55
                                         813                    00         01        22
                                         897                    00         00        91
892 00 04 00 909 00 04 77 4758 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 911 00 05 42 913 00 03 32
 921                   00          00         72
 932                   00          07         03
 931                   00          02         90
 933                   00          00         82
 930                   00          08         08
 929                   00          02         82
 954                   00          04         71
 953                   00          00         87
 989                   00          00         13
 955                   00          04         47
 988                   00          02         82
 981                   00          02         13
 987                   00          01         36
 982                   00          03         43
 986                   00          00         12
 983                   00          03         46
 984                   00          04         33
1062                   00          00         14
1061                   00          03         68
1006                   00          03         80
1060                   00          03         34
1055                   00          02         53
1056                   00          05         52
1039                   00          07         84
1040                   00          03         95
1035                   00          04         75
1074                   00          00         62
1034                   00          03         32
1033                   00          00         56
1086                   00          00         10
1087                   00          03         03
 414                   00          02         10
408 00 03 76 407 00 00 10 II (ii) 4759 409 00 00 39 410 00 02 24
  406                    00          01        00
  194                    00          07        88
  195                    00          00        33
  200                    00          04        70
  201                    00          04        00
  203                    00          00        61
  204                    00          03        16
  344                    00          02        34
  343                    00          04        70
  207                    00          00        54
  208                    00          02        16
  342                    00          00        23
  341                    00          00        33
  209                    00          02        28
  211                    00          03        63
  335                    00          00        30
  212                    00          04        01
215/1704                 00          03        24
334/1705                 00          01        74
  334                    00          01        82
  333                    00          00        41
  225                    00          02        98
  332                    00          00        83
  331                    00          11        29
  230                    00          01        35
  330                    00          03        30
  245                    00          04        21
  231                    00          01        18
  248                    00          02        42
  249                    00          00        83
  246                    00          02        93
  247                    00          01        33
250 00 00 86 242 00 04 79 4760 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 241 00 04 51 240 00 00 10
                                    252                    00         03         48
                                    255                    00         03         55
                                    256                    00         02         36
                                    96                     00         08         07
                                    95                     00         04         65
BORIGUAN                            438                    00         09         87
                                    664                    00         02         19
                                    439                    00         07         44
                                    446                    00         06         05
                                  447/695                  00         02         82
                                  448/706                  00         02         49
                                    447                    00         03         57
                                    455                    00         00         20
                                    456                    00         00         22
                                    457                    00         05         01
                                    458                    00         00         10
                                  459/689                  00         00         10
                                    460                    00         06         75
                                    464                    00         00         68
                                    465                    00         02         55
                                    466                    00         02         55
                                    467                    00         05         05
                                    469                    00         05         15
                                    472                    00         07         33
                                    491                    00         02         84
                                    494                    00         00         65
                                    495                    00         02         62
                                    500                    00         03         21
                                    499                    00         03         27
                                    502                    00         00         65
                                    501                    00         07         09
504 00 06 37 532 00 04 71 II (ii) 4761 534 00 05 19
                                     535                    00         00         10
                                     195                    00         01         11
                                     557                    00         02         13
                                     558                    00         00         65
                                     194                    00         02         74
                                     193                    00         04         09
                                     564                    00         02         53
                                     145                    00         06         53
                                     146                    00         00         35
                                   144/707                  00         02         89
                                     144                    00         04         08
                                     127                    00         05         43
                                     131                    00         00         89
                                     128                    00         01         84
                                     129                    00         03         80
                                     130                    00         00         40
                                     115                    00         07         22
                                     116                    00         07         24
                                     117                    00         00         48
KHADIPADAR                           574                    00         00         10
                                     563                    00         06         42
                                     562                    00         20         84
                                     565                    00         00         48
                                     564                    00         00         43
                                     566                    00         00         10
                                     552                    00         00         33
                                     554                    00         02         32
                                     556                    00         03         58
                                     561                    00         01         90
                                     557                    00         03         22
                                     558                    00         00         10
                                     559                    00         02         26
560 00 03 80 498 00 03 04 4762 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 497 00 03 44
496                    00         00         84
495                    00         01         78
494                    00         02         73
493                    00         04         57
406                    00         00         32
492                    00         05         23
439                    00         07         96
438                    00         01         92
437                    00         00         35
440                    00         04         52
481                    00         00         10
478                    00         01         72
479                    00         00         10
477                    00         01         58
441                    00         02         11
476                    00         02         40
475                    00         02         25
443                    00         00         10
444                    00         03         92
445                    00         03         00
452                    00         02         83
453                    00         01         37
451                    00         00         56
454                    00         08         75
449                    00         00         47
456                    00         00         10
455                    00         00         10

[F. No. R-25011/17/2017-OR-I /48599 /13715]

PAWAN KUMAR, Under Secy.

II (ii) 4763

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1816.—के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि में जो इससे उपाबद्ध अनुसूची में वर्णित है और जिसमें उक्त पाइपलाइन बिछाए जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर ,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील- टांगि जिला - खोद्र्धा राज्य -ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टेयर एयर वर्ग मीटर
1 2 3 4 5
खजुरिआ                       641                 00        02          62
                             638                 00        02          95
                             640                 00        05          12
                             639                 00        04          54
                           635/658               00        05          77
                             616                 00        07          08
                           614/668               00        00          84
                           617/669               00        02          40
                             614                 00        00          36
                             617                 00        02          92
                             613                 00        00          77
                             612                 00        10          00
                             595                 00        00          96
593 00 02 56 594 00 00 95 4764 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 594/708 00 02 23
  585                 00        06          19
  588                 00        00          44
  587                 00        06          90
  586                 00        00          73
  290                 00        02          46
290/796               00        00          15
  288                 00        01          63
288/771               00        00          96
  289                 00        00          30
  581                 00        01          21
  568                 00        01          13
  293                 00        01          03
  292                 00        01          13
  291                 00        01          21
  297                 00        01          53
  298                 00        07          64
298/769               00        02          66
  307                 00        02          81
  306                 00        05          70
  300                 00        00          25
  301                 00        06          48
  305                 00        00          67
  308                 00        06          31
  309                 00        03          40
  509                 00        13          98
  508                 00        15          68
  505                 00        00          51
  504                 00        04          36
  503                 00        02          96
321 00 04 18 II (ii) 4765 321/653 00 07 06
322/654               00        02          94
  140                 00        07          14
  141                 00        01          46
141/712               00        01          46
141/722               00        00          72
  119                 00        06          52
141/647               00        01          42
  118                 00        00          73
118/822               00        01          19
  120                 00        02          74
  117                 00        16          52
  110                 00        02          47
  106                 00        02          49
  108                 00        00          10
  107                 00        03          64
  109                 00        00          33
  96                  00        00          78
  92                  00        01          84
 92/823               00        04          73
  90                  00        10          34
  86                  00        01          50
  84                  00        00          10
  85                  00        01          29
  83                  00        00          30
  76                  00        15          14
  77                  00        03          08
  20                  00        00          42
  40                  00        08          85
  39                  00        05          35
36 00 04 65 4766 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 38 00 01 30
                             37                  00        03          28
                             34                  00        02          07
                             31                  00        04          94
                             33                  00        00          23
                             32                  00        00          55
                             16                  00        04          92
                             15                  00        01          05
                             14                  00        01          09
डमणभूइँ                      821                 00        00          10
                             820                 00        03          17
                             822                 00        04          15
                             823                 00        02          20
                             825                 00        00          54
                             826                 00        03          20
                             828                 00        10          72
                             829                 00        07          04
                             830                 00        00          44
                             832                 00        03          58
                             846                 00        03          05
                             845                 00        06          28
                             850                 00        01          85
                             851                 00        03          81
                             852                 00        18          88
                             854                 00        01          01
                             853                 00        04          45
                             869                 00        14          43
                             868                 00        03          22
                             957                 00        07          85
961 00 01 31 II (ii) 4767 962 00 21 31
  963                 00        02          45
  972                 00        05          37
  954                 00        02          65
  952                 00        12          66
  953                 00        02          50
  950                 00        01          05
  951                 00        10          21
  948                 00        06          09
  941                 00        00          16
  942                 00        45          53
942/2189              00        01          03
942/2195              00        00          52
942/2194              00        00          52
942/2193              00        00          52
942/2196              00        00          52
  1044                00        05          04
  1043                00        08          67
  1042                00        07          27
  1041                00        11          97
  1045                00        01          12
  1090                00        22          13
  1088                00        03          94
  1089                00        01          03
  1111                00        01          82
  1113                00        02          76
  1105                00        00          72
  1516                00        08          51
  1526                00        04          50
  1525                00        02          40
1517 00 00 19 4768 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1524 00 03 00
1524/2229              00        03          01
  1523                 00        04          07
  1521                 00        01          81
  1522                 00        00          26
  1520                 00        02          32
  1697                 00        00          50
  1696                 00        03          97
  1704                 00        02          43
  1703                 00        00          24
  1705                 00        00          12
  1706                 00        00          57
  1925                 00        06          15
  1713                 00        01          38
  1924                 00        04          53
  1714                 00        06          06
  1923                 00        00          12
  1715                 00        07          34
  1716                 00        00          10
  1718                 00        06          67
  1717                 00        00          23
  1723                 00        02          41
  1719                 00        00          18
  1722                 00        04          87
  1721                 00        07          39
  1831                 00        04          94
  1830                 00        07          53
  1772                 00        00          34
  1835                 00        00          10
  1829                 00        01          60
1836 00 00 75 II (ii) 4769 1821 00 03 52
                             1820                00         03          86
                             1837                00         03          93
                             1839                00         01          60
                             1838                00         07          66
                             1843                00         02          48
                             1857                00         03          91
                             1859                00         17          19
                             1856                00         03          08
अम्भाबिल                     1060                00         00          86
                           1072/1834             00         03          93
                             1072                00         03          33
                             1070                00         01          28
                             1069                00         03          63
                             1073                00         03          43
                             1075                00         00          10
                             1068                00         12          98
                             1067                00         04          81
                             1078                00         09          64
                             1079                00         00          26
                             1084                00         01          13
                           1084/1830             00         05          47
                           1085/1827             00         09          54
                             1085                00         00          10
                             1086                00         00          10
                           1085/1826             00         06          99
                             1087                00         00          87
                             1118                00         04          36
                             1106                00         01          94
1833 00 04 08 4770 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1107 00 03 05
  1128                 00        02          54
  1127                 00        00          82
  1109                 00        00          22
  1831                 00        02          22
  1125                 00        00          50
  1133                 00        07          45
  1790                 00        04          12
  1138                 00        17          41
  1139                 00        02          33
1139/1854              00        00          67
1139/1855              00        01          18
  1140                 00        04          77
1140/1948              00        04          78
  1185                 00        02          64
1185/1951              00        02          64
  1183                 00        04          23
  1182                 00        04          82
  1179                 00        01          27
  1180                 00        02          97
  1178                 00        09          11
  1194                 00        03          84
  1193                 00        01          05
  1195                 00        01          56
  1196                 00        01          26
  1197                 00        00          92
  1198                 00        07          62
  1199                 00        00          77
  1200                 00        01          32
  1201                 00        01          81
772 00 01 72 II (ii) 4771 770 00 03 30
771                 00        02          48
769                 00        10          66
767                 00        00          45
766                 00        02          49
759                 00        10          15
763                 00        00          92
760                 00        02          65
761                 00        02          38
758                 00        00          44
757                 00        02          95
756                 00        02          23
562                 00        06          05
565                 00        03          07
569                 00        01          69
566                 00        04          38
561                 00        01          30
560                 00        00          33
558                 00        01          10
563                 00        02          96
557                 00        01          01
537                 00        01          50
555                 00        00          16
538                 00        04          24
536                 00        00          42
556                 00        00          48
544                 00        00          45
543                 00        03          23
542                 00        03          39
539                 00        00          71
541 00 05 21 4772 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 540 00 00 10
138                 00        01          25
428                 00        01          30
427                 00        01          16
425                 00        01          01
423                 00        01          16
422                 00        01          22
424                 00        02          14
421                 00        00          27
419                 00        09          59
418                 00        00          92
417                 00        00          53
430                 00        00          10
416                 00        06          16
414                 00        08          32
413                 00        08          93
410                 00        02          32
411                 00        01          33
412                 00        02          09
343                 00        02          87
342                 00        03          73
341                 00        00          32
1451                00        00          24
1499                00        00          41
337                 00        01          43
336                 00        02          06
335                 00        00          10
334                 00        02          50
1285                00        00          59
1288                00        02          59
1500 00 01 10 II (ii) 4773 1501 00 03 12
                             1502                00        03          27
                             1503                00        00          17
                             1504                00        01          24
                             1505                00        07          14
                             1525                00        04          73
                             1524                00        00          10
                             1526                00        01          66
                             1527                00        02          66
                             1539                00        03          88
                             1540                00        02          45
                             1543                00        02          40
                             1544                00        02          43
                             1545                00        02          21
                             1838                00        02          43
                             1546                00        02          18
                             1547                00        04          26
                             1550                00        01          59
                             1551                00        00          79
                             1781                00        02          49
                             1553                00        01          29
असुरढ़िप                     341                 00        01          14
                             276                 00        00          15
                             277                 00        00          60
                           278/399               00        06          88
                             280                 00        04          20
                           281/388               00        03          43
                           281/396               00        00          94
                             282                 00        02          70
271 00 02 98 4774 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 221 00 13 56
  222                 00        00          11
230/368               00        05          37
  234                 00        02          67
  235                 00        02          59
  254                 00        12          43
  253                 00        04          65
254/386               00        00          41
  242                 00        02          27
  245                 00        01          71
  244                 00        05          57
  161                 00        02          13
161/406               00        01          16
  160                 00        00          72
160/405               00        02          46
  159                 00        00          10
  158                 00        04          61
  157                 00        02          28
  156                 00        03          95
  155                 00        03          65
  154                 00        04          47
  153                 00        02          45
  152                 00        02          83
  151                 00        07          26
  184                 00        00          10
  123                 00        06          58
  121                 00        03          73
121/397               00        03          42
  94                  00        29          75
  99                  00        02          22
19 00 02 75 II (ii) 4775 16 00 00 96
                            16/421                00        02          70
                              17                  00        07          89
                              18                  00        07          31
राउतरापुर                     416                 00        02          85
                              363                 00        10          58
                              364                 00        06          21
                              367                 00        00          36
                              366                 00        04          31
                              370                 00        04          09
                              372                 00        00          10
                            370/542               00        00          15
                              373                 00        01          68
                              374                 00        00          94
                              377                 00        03          34
                              378                 00        01          99
                            378/597               00        04          72
                              380                 00        02          94
                              413                 00        00          46
                              381                 00        01          25
                              382                 00        00          17
                              383                 00        00          18
                              412                 00        09          82
                              411                 00        07          98
                              410                 00        00          10
                              407                 00        02          96
                              403                 00        01          60
                              404                 00        01          23
                              402                 00        04          29
399 00 04 06 4776 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 390 00 00 56
                             389                 00        04          40
                             391                 00        00          62
                             392                 00        02          92
                             311                 00        01          66
                             310                 00        01          58
                             308                 00        02          64
                             394                 00        04          11
छणगिरि                       611                 00        03          14
                             610                 00        02          50
                             612                 00        02          94
                             609                 00        01          78
                             608                 00        00          48
                             607                 00        04          98
                             614                 00        10          87
                             615                 00        04          10
                             616                 00        10          13
                             515                 00        05          07
                             518                 00        04          83
                             517                 00        09          08
                             496                 00        04          59
                             507                 00        02          05
                             506                 00        01          35
                             497                 00        08          81
                             505                 00        00          44
                             501                 00        08          63
                             500                 00        03          86
                             490                 00        01          95
                             485                 00        02          07
489 00 03 27 II (ii) 4777 488 00 05 63
  487                 00        08          93
  486                 00        01          05
473/760               00        01          58
468/734               00        00          10
  468                 00        05          58
  469                 00        00          48
  466                 00        23          13
  455                 00        12          33
  456                 00        00          37
  452                 00        05          35
  451                 00        03          49
  450                 00        08          85

[फा.सं. आर-25011/17/2017-ओआर-I/48599/13715]

पवन कु मार, अवर सचिव

New Delhi, the 3rd August, 2017

S.O. 1816.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : TANGI District : KHORDHA State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5

KHAJURIA 641 00 02 62638 00 02 95 4778 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 640 00 05 12

  639                00        04        54
635/658              00        05        77
  616                00        07        08
614/668              00        00        84
617/669              00        02        40
  614                00        00        36
  617                00        02        92
  613                00        00        77
  612                00        10        00
  595                00        00        96
  593                00        02        56
  594                00        00        95
594/708              00        02        23
  585                00        06        19
  588                00        00        44
  587                00        06        90
  586                00        00        73
  290                00        02        46
290/796              00        00        15
  288                00        01        63
288/771              00        00        96
  289                00        00        30
  581                00        01        21
  568                00        01        13
  293                00        01        03
  292                00        01        13
  291                00        01        21
  297                00        01        53
  298                00        07        64
298/769 00 02 66 II (ii) 4779 307 00 02 81
  306                00        05        70
  300                00        00        25
  301                00        06        48
  305                00        00        67
  308                00        06        31
  309                00        03        40
  509                00        13        98
  508                00        15        68
  505                00        00        51
  504                00        04        36
  503                00        02        96
  321                00        04        18
321/653              00        07        06
322/654              00        02        94
  140                00        07        14
  141                00        01        46
141/712              00        01        46
141/722              00        00        72
  119                00        06        52
141/647              00        01        42
  118                00        00        73
118/822              00        01        19
  120                00        02        74
  117                00        16        52
  110                00        02        47
  106                00        02        49
  108                00        00        10
  107                00        03        64
109 00 00 33 96 00 00 78 4780 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 92 00 01 84
                                    92/823             00        04        73
                                     90                00        10        34
                                     86                00        01        50
                                     84                00        00        10
                                     85                00        01        29
                                     83                00        00        30
                                     76                00        15        14
                                     77                00        03        08
                                     20                00        00        42
                                     40                00        08        85
                                     39                00        05        35
                                     36                00        04        65
                                     38                00        01        30
                                     37                00        03        28
                                     34                00        02        07
                                     31                00        04        94
                                     33                00        00        23
                                     32                00        00        55
                                     16                00        04        92
                                     15                00        01        05
                                     14                00        01        09
DAMANBHUIN                           821               00        00        10
                                     820               00        03        17
                                     822               00        04        15
                                     823               00        02        20
                                     825               00        00        54
                                     826               00        03        20
                                     828               00        10        72
829 00 07 04 II (ii) 4781 830 00 00 44
  832                00        03        58
  846                00        03        05
  845                00        06        28
  850                00        01        85
  851                00        03        81
  852                00        18        88
  854                00        01        01
  853                00        04        45
  869                00        14        43
  868                00        03        22
  957                00        07        85
  961                00        01        31
  962                00        21        31
  963                00        02        45
  972                00        05        37
  954                00        02        65
  952                00        12        66
  953                00        02        50
  950                00        01        05
  951                00        10        21
  948                00        06        09
  941                00        00        16
  942                00        45        53
942/2189             00        01        03
942/2195             00        00        52
942/2194             00        00        52
942/2193             00        00        52
942/2196             00        00        52
1044 00 05 04 1043 00 08 67 4782 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1042 00 07 27
  1041                00        11        97
  1045                00        01        12
  1090                00        22        13
  1088                00        03        94
  1089                00        01        03
  1111                00        01        82
  1113                00        02        76
  1105                00        00        72
  1516                00        08        51
  1526                00        04        50
  1525                00        02        40
  1517                00        00        19
  1524                00        03        00
1524/2229             00        03        01
  1523                00        04        07
  1521                00        01        81
  1522                00        00        26
  1520                00        02        32
  1697                00        00        50
  1696                00        03        97
  1704                00        02        43
  1703                00        00        24
  1705                00        00        12
  1706                00        00        57
  1925                00        06        15
  1713                00        01        38
  1924                00        04        53
  1714                00        06        06
  1923                00        00        12
1715 00 07 34 II (ii) 4783 1716 00 00 10
                                   1718               00        06        67
                                   1717               00        00        23
                                   1723               00        02        41
                                   1719               00        00        18
                                   1722               00        04        87
                                   1721               00        07        39
                                   1831               00        04        94
                                   1830               00        07        53
                                   1772               00        00        34
                                   1835               00        00        10
                                   1829               00        01        60
                                   1836               00        00        75
                                   1821               00        03        52
                                   1820               00        03        86
                                   1837               00        03        93
                                   1839               00        01        60
                                   1838               00        07        66
                                   1843               00        02        48
                                   1857               00        03        91
                                   1859               00        17        19
                                   1856               00        03        08
AMBHABIL                           1060               00        00        86
                                 1072/1834            00        03        93
                                   1072               00        03        33
                                   1070               00        01        28
                                   1069               00        03        63
                                   1073               00        03        43
1075 00 00 10 1068 00 12 98 4784 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1067 00 04 81
  1078                00        09        64
  1079                00        00        26
  1084                00        01        13
1084/1830             00        05        47
1085/1827             00        09        54
  1085                00        00        10
  1086                00        00        10
1085/1826             00        06        99
  1087                00        00        87
  1118                00        04        36
  1106                00        01        94
  1833                00        04        08
  1107                00        03        05
  1128                00        02        54
  1127                00        00        82
  1109                00        00        22
  1831                00        02        22
  1125                00        00        50
  1133                00        07        45
  1790                00        04        12
  1138                00        17        41
  1139                00        02        33
1139/1854             00        00        67
1139/1855             00        01        18
  1140                00        04        77
1140/1948             00        04        78
  1185                00        02        64
1185/1951             00        02        64
  1183                00        04        23
1182 00 04 82 II (ii) 4785 1179 00 01 27
1180               00        02        97
1178               00        09        11
1194               00        03        84
1193               00        01        05
1195               00        01        56
1196               00        01        26
1197               00        00        92
1198               00        07        62
1199               00        00        77
1200               00        01        32
1201               00        01        81
 772               00        01        72
 770               00        03        30
 771               00        02        48
 769               00        10        66
 767               00        00        45
 766               00        02        49
 759               00        10        15
 763               00        00        92
 760               00        02        65
 761               00        02        38
 758               00        00        44
 757               00        02        95
 756               00        02        23
 562               00        06        05
 565               00        03        07
 569               00        01        69
 566               00        04        38
561 00 01 30 560 00 00 33 4786 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 558 00 01 10
563                00        02        96
557                00        01        01
537                00        01        50
555                00        00        16
538                00        04        24
536                00        00        42
556                00        00        48
544                00        00        45
543                00        03        23
542                00        03        39
539                00        00        71
541                00        05        21
540                00        00        10
138                00        01        25
428                00        01        30
427                00        01        16
425                00        01        01
423                00        01        16
422                00        01        22
424                00        02        14
421                00        00        27
419                00        09        59
418                00        00        92
417                00        00        53
430                00        00        10
416                00        06        16
414                00        08        32
413                00        08        93
410                00        02        32
411 00 01 33 II (ii) 4787 412 00 02 09
 343               00        02        87
 342               00        03        73
 341               00        00        32
1451               00        00        24
1499               00        00        41
 337               00        01        43
 336               00        02        06
 335               00        00        10
 334               00        02        50
1285               00        00        59
1288               00        02        59
1500               00        01        10
1501               00        03        12
1502               00        03        27
1503               00        00        17
1504               00        01        24
1505               00        07        14
1525               00        04        73
1524               00        00        10
1526               00        01        66
1527               00        02        66
1539               00        03        88
1540               00        02        45
1543               00        02        40
1544               00        02        43
1545               00        02        21
1838               00        02        43
1546               00        02        18
1547 00 04 26 1550 00 01 59 4788 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
                                    1551                00        00        79
                                    1781                00        02        49
                                    1553                00        01        29
ASURADHIPA                           341                00        01        14
                                     276                00        00        15
                                     277                00        00        60
                                   278/399              00        06        88
                                     280                00        04        20
                                   281/388              00        03        43
                                   281/396              00        00        94
                                     282                00        02        70
                                     271                00        02        98
                                     221                00        13        56
                                     222                00        00        11
                                   230/368              00        05        37
                                     234                00        02        67
                                     235                00        02        59
                                     254                00        12        43
                                     253                00        04        65
                                   254/386              00        00        41
                                     242                00        02        27
                                     245                00        01        71
                                     244                00        05        57
                                     161                00        02        13
                                   161/406              00        01        16
                                     160                00        00        72
                                   160/405              00        02        46
                                     159                00        00        10
                                     158                00        04        61
157 00 02 28 II (ii) 4789 156 00 03 95
                                     155                00       03        65
                                     154                00       04        47
                                     153                00       02        45
                                     152                00       02        83
                                     151                00       07        26
                                     184                00       00        10
                                     123                00       06        58
                                     121                00       03        73
                                   121/397              00       03        42
                                     94                 00       29        75
                                     99                 00       02        22
                                     19                 00       02        75
                                     16                 00       00        96
                                    16/421              00       02        70
                                     17                 00       07        89
                                     18                 00       07        31
ROUTARAPUR                           416                00       02        85
                                     363                00       10        58
                                     364                00       06        21
                                     367                00       00        36
                                     366                00       04        31
                                     370                00       04        09
                                     372                00       00        10
                                   370/542              00       00        15
                                     373                00       01        68
                                     374                00       00        94
                                     377                00       03        34
378 00 01 99 378/597 00 04 72 4790 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 380 00 02 94
                                    413                00        00        46
                                    381                00        01        25
                                    382                00        00        17
                                    383                00        00        18
                                    412                00        09        82
                                    411                00        07        98
                                    410                00        00        10
                                    407                00        02        96
                                    403                00        01        60
                                    404                00        01        23
                                    402                00        04        29
                                    399                00        04        06
                                    390                00        00        56
                                    389                00        04        40
                                    391                00        00        62
                                    392                00        02        92
                                    311                00        01        66
                                    310                00        01        58
                                    308                00        02        64
                                    394                00        04        11
CHHANAGIRI                          611                00        03        14
                                    610                00        02        50
                                    612                00        02        94
                                    609                00        01        78
                                    608                00        00        48
                                    607                00        04        98
                                    614                00        10        87
                                    615                00        04        10
616 00 10 13 II (ii) 4791 515 00 05 07
  518                00        04        83
  517                00        09        08
  496                00        04        59
  507                00        02        05
  506                00        01        35
  497                00        08        81
  505                00        00        44
  501                00        08        63
  500                00        03        86
  490                00        01        95
  485                00        02        07
  489                00        03        27
  488                00        05        63
  487                00        08        93
  486                00        01        05
473/760              00        01        58
468/734              00        00        10
  468                00        05        58
  469                00        00        48
  466                00        23        13
  455                00        12        33
  456                00        00        37
  452                00        05        35
  451                00        03        49
  450                00        08        85

[F. No. R-25011/17/2017-OR-I/48599/13715]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1817.— के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

4792 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि में जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर ,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील- खोद्र्धा जिला - खोद्र्धा राज्य - ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
राएपुर                       479                 00         07         37
                             480                 00         05         33
                             597                 00         05         81
                             595                 00         04         60
                             596                 00         08         46
                             593                 00         06         46
                             592                 00         01         54
                             572                 00         00         46
                             573                 00         07         57
                             574                 00         05         98
                             575                 00         04         43
                             568                 00         06         48
                             567                 00         00         83
                             561                 00         00         10
                             562                 00         08         09
                             555                 00         04         64
                             554                 00         05         86
                             543                 00         02         64
544 00 03 16 547 00 06 56 II (ii) 4793 548 00 02 80 549 00 01 67
                            525                  00        07          08
                            521                  00        11          76
                            520                  00        04          44
बसन्त                       647                  00        07          65
                            648                  00        06          50
                            635                  00        04          17
                            650                  00        00          10
                            632                  00        00          81
                            651                  00        02          88
                            631                  00        03          55
                            608                  00        03          74
                            609                  00        04          99
                            610                  00        02          84
                            605                  00        03          73
                            614                  00        03          65
                            523                  00        07          91
                            520                  00        03          76
                            519                  00        03          82
                            461                  00        06          33
                            462                  00        02          74
                            518                  00        13          94
                            517                  00        01          42
                            515                  00        03          49
                            514                  00        04          27
                            512                  00        08          37
                            551                  00        00          10
                            508                  00        02          31
                            555                  00        01          56
                            507                  00        00          21
                            556                  00        07          39
                            502                  00        05          19
                            501                  00        04          23
                            500                  00        02          15
4794 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 497 00 03 02
                             499                 00         03         26
                             498                 00         04         15
अण्डा                        600                 00         04         23
                             599                 00         05         62
                             598                 00         07         20
                             604                 00         00         26
                             607                 00         03         55
                             608                 00         00         29
                             609                 00         01         80
                             610                 00         07         51
                             611                 00         01         54
                             621                 00         04         20
                             620                 00         04         36
                             690                 00         02         11
                             691                 00         02         86
                             693                 00         04         13
                             694                 00         01         03
                             696                 00         00         78
                             695                 00         05         49
                             720                 00         01         62
                             783                 00         00         46
                             785                 00         03         42
                             799                 00         01         07
                             786                 00         03         82
                             798                 00         01         10
                          798/1108               00         00         32
                          799/1109               00         00         88
                             788                 00         10         00
                             797                 00         00         63
                             795                 00         04         59
                             793                 00         08         93
                             794                 00         00         10
हरिपुर                       933                 00         07         93
II (ii) 4795 931 00 01 31 934/967 00 02 06
                              935                  00         11         08
                              936                  00         06         16
                              958                  00         00         10
                              940                  00         08         75
                              941                  00         06         22
                              951                  00         00         19
                              948                  00         03         14
                              947                  00         02         86
                              946                  00         01         16
                              949                  00         04         76
 धउलिमुहँ                     2039                 00         07         00
                              2038                 00         00         10
                              2040                 00         14         86
                              2041                 00         10         37
                              2048                 00         09         30
                              2028                 00         07         47
                              2050                 00         12         83
                              2051                 00         00         10
                              2024                 00         13         76
                              2022                 00         04         83
                              2025                 00         00         97
                              2020                 00         14         30
                              2019                 00         01         41
गोपिनाथपुर                     3                   00         00         72
                               4                   00         01         82
                               5                   00         00         34
                               6                   00         03         26
                               7                   00         02         86
                               8                   00         02         59
                               11                  00         03         63
10 00 02 06 13 00 02 50 4796 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
ब्रजमोहनपुर                    103                  00        14          50
                               95                   00        12          85
                               82                   00        01          47
                               81                   00        01          32
                               118                  00        06          52
                               119                  00        06          28
                               129                  00        00          94
                               128                  00        04          13
                               130                  00        04          14
                               131                  00        07          24
                               135                  00        05          94
                               69                   00        02          49
                               136                  00        00          31
                               68                   00        15          55
                               170                  00        00          28
                               172                  00        01          82
                               173                  00        07          41
                               67                   00        00          93
                               174                  00        01          74
                               203                  00        02          03
                               175                  00        00          92
                               176                  00        04          34
                               177                  00        04          80
                               178                  00        00          10
                               200                  00        02          69
                               193                  00        00          84
                               199                  00        05          82
                               194                  00        02          07
                               198                  00        08          34
                               196                  00        05          62
                               269                  00        00          10
नरसिंहप्रसाद                   784                  00        00          60
                               785                  00        05          05
950 00 03 46 II (ii) 4797 985 00 06 69
                             984                  00        07          21
                             951                  00        08          91
                             952                  00        00          55
                             955                  00        04          03
                             954                  00        03          43
                             953                  00        03          02
                             978                  00        05          14
                             977                  00        01          90
                             993                  00        03          04
                             994                  00        03          51
                             976                  00        07          35
रामचण्डि                     584                  00        04          26
                             582                  00        02          59
                             583                  00        09          73
                             606                  00        00          30
                             607                  00        07          29
                             608                  00        02          82
                             609                  00        04          76
                             637                  00        03          80
                             636                  00        04          66
                             635                  00        00          90
                             632                  00        00          78
                             634                  00        02          14
                             633                  00        09          47
                             659                  00        10          64
                             674                  00        04          76
                             675                  00        06          30
                             669                  00        00          10
                             696                  00        11          68
                             710                  00        00          10
                             698                  00        00          94
                             707                  00        02          90
706 00 00 63

705 00 00 694798 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 708 00 01 06

                              733                 00         08          57
                              736                 00         05          58
                              741                 00         00          99
                              740                 00         05          36
                              739                 00         01          31
                              527                 00         13          12
                              526                 00         01          70
                              525                 00         05          57
                              500                 00         00          63
                              499                 00         04          02
                              175                 00         05          01
                              478                 00         05          24
                              479                 00         00          30
                              477                 00         00          83
                              480                 00         05          14
                              486                 00         00          10
                              485                 00         09          48
                              484                 00         06          60
दुर्गाप्रसाद                  842                 00         01          78
                              843                 00         05          70
                              841                 00         03          28
                              844                 00         00          10
                              845                 00         01          42
                              835                 00         06          51
                              834                 00         04          84
                              846                 00         02          04
                           846/1065               00         02          05
                              847                 00         01          16
                              832                 00         01          42
                              812                 00         10          36
                              813                 00         01          41
                              807                 00         12          30
                              808                 00         01          85
805 00 00 36 II (ii) 4799 804 00 04 56 789 00 06 94
                              803                 00         00          10
                              790                 00         03          25
                              791                 00         04          04
                              792                 00         04          44
                              727                 00         00          28
                              730                 00         06          14
                              731                 00         00          10
                              728                 00         00          10
                              729                 00         00          74
                              713                 00         04          29
                              714                 00         00          10
                              712                 00         02          10
                              710                 00         02          78
                              709                 00         05          88
                              706                 00         00          64
                              698                 00         01          50
                              699                 00         00          76
                              705                 00         02          28
                              704                 00         03          44
                              702                 00         00          10
                              703                 00         03          33
                              692                 00         06          68
                              690                 00         00          22
                              693                 00         05          99
जगन्नाथपुर                    942                 00         04          75
                              943                 00         02          97
                              941                 00         03          22
                              948                 00         00          61
                              949                 00         03          21
                              933                 00         02          52
                              953                 00         07          51
954 00 00 47 955 00 04 60 4800 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 956 00 09 69 957 00 04 45
  958                  00        04          96
  960                  00        01          50
  961                  00        08          34
  1003                 00        00          40
  962                  00        06          57
  963                  00        02          26
  910                  00        09          63
  909                  00        11          87
  908                  00        00          51
  906                  00        00          25
906/1138               00        00          10
  907                  00        03          65
  900                  00        04          11
  899                  00        01          23
  898                  00        05          06
  892                  00        02          49
  885                  00        05          22
  884                  00        03          18
  886                  00        13          67
  877                  00        01          13
  872                  00        03          51
  871                  00        02          89
  873                  00        00          10
  861                  00        07          40
  862                  00        00          35
  860                  00        06          81
  859                  00        03          47
  446                  00        02          59
  447                  00        02          73
  450                  00        00          95
  451                  00        05          74
  466                  00        01          26
  463                  00        09          20
462 00 00 64 II (ii) 4801 464 00 02 95
461                 00         03         25
460                 00         08         01
459                 00         00         10
477                 00         02         43
478                 00         03         19
822                 00         01         39
483                 00         04         53
484                 00         01         05
482                 00         00         10
485                 00         09         54
818                 00         00         36
486                 00         01         25
493                 00         05         56
492                 00         01         11
491                 00         01         56
496                 00         01         73
497                 00         01         94
498                 00         37         12
812                 00         00         10
508                 00         01         37
509                 00         01         74
510                 00         07         50
511                 00         00         88
512                 00         02         90
513                 00         06         16
517                 00         00         85
518                 00         05         79
541                 00         05         21
540                 00         07         15
799                 00         00         10
523                 00         00         10
539                 00         00         54
537                 00         00         10
542 00 07 43

545 00 00 124802 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 543 00 01 40

                             544                  00        01          41
                             546                  00        07          38
                             550                  00        01          41
                             549                  00        00          41
                             548                  00        04          29
                             547                  00        05          79
पाणिछत्र                     676                  00        00          10
                             677                  00        03          35
                             678                  00        04          38
                             696                  00        08          60
                             695                  00        01          84
                             694                  00        06          42
                             691                  00        06          63
                             717                  00        05          31
                             716                  00        00          30
                             718                  00        05          04
                             721                  00        03          57
                             722                  00        01          81
                             720                  00        02          99
                             763                  00        05          02
                             764                  00        00          10
                           764/1513               00        00          10
                           764/1517               00        00          10
                           764/1518               00        00          10
                           764/1519               00        00          23
                             762                  00        02          23
                             767                  00        02          40
                             761                  00        01          38
                             801                  00        04          93
                             802                  00        07          17
                             803                  00        04          41
                             804                  00        04          56
                             808                  00        01          00
824 00 06 55 II (ii) 4803 825 00 06 22 879 00 02 90
                            880                  00        06          81
                            881                  00        00          34
                            882                  00        08          29
                            901                  00        02          33
                            883                  00        00          10
                            899                  00        00          98
                            894                  00        02          93
                            897                  00        02          54
                            896                  00        00          79
                            907                  00        03          55
                            908                  00        02          66
                            917                  00        01          19
                          917/1487               00        02          48
                            920                  00        00          43
                            919                  00        02          04
                            918                  00        00          26
                            932                  00        03          42
                            933                  00        00          45
                            950                  00        00          10
                          950/1435               00        00          10
                            949                  00        12          46
                            943                  00        00          11
                            948                  00        03          50
                            947                  00        08          78
                            946                  00        00          32
                            982                  00        02          09
                            980                  00        00          12
                            981                  00        13          63
                            985                  00        02          23
कँ पुर                     1580                  00        03          19
                           1581                  00        01          10
1579 00 04 76

1578 00 08 434804 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

                             1583                 00        01          35
                             1585                 00        06          64
                             1577                 00        08          05
                             1588                 00        01          45
                             1589                 00        06          76
                             1598                 00        02          18
                             1594                 00        02          74
                             1597                 00        02          96
                             1596                 00        04          13
                             1595                 00        00          10
गोड़िपडा                     571                  00        10          16
                             570                  00        04          09
                             573                  00        06          86
                             568                  00        04          11
                             576                  00        03          52
                             577                  00        01          58
                             578                  00        02          42
                             579                  00        00          17
                             566                  00        11          05
                             565                  00        01          87
                             580                  00        03          52
                             581                  00        01          48
                             484                  00        02          80
                             483                  00        00          20
                             478                  00        00          85
                             476                  00        03          30
                             475                  00        04          07
                             474                  00        02          75
                             473                  00        03          69
                             472                  00        01          79
                             464                  00        13          11
                             465                  00        00          43
                             463                  00        07          17
                             448                  00        00          49
449 00 15 36 II (ii) 4805

454 00 05 47452 00 01 42

                            414                  00        07          14
                            415                  00        14          44
                            408                  00        12          88
                            397                  00        08          34
                            379                  00        07          94
                            386                  00        08          79
                            387                  00        13          99
                            362                  00        04          93
                            361                  00        12          91
                            364                  00        00          57
मोटा                        392                  00        00          17
                            391                  00        08          16
                            390                  00        01          05
                            251                  00        09          08
                            250                  00        16          41
                            249                  00        06          92
                            248                  00        04          80
                            206                  00        06          09
लहंगा                       127                  00        03          92
                            126                  00        08          81
                            114                  00        02          28
                            125                  00        03          63
                            124                  00        03          76
                            115                  00        00          12
                            123                  00        05          09
                            119                  00        02          04
                            121                  00        02          03
                            120                  00        02          09
                            117                  00        00          32

[फा.सं. आर-25011/17/2017-ओआर-I/48599/13715]

पवन कु मार, अवर सचिव4806 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 3rd August, 2017

S.O. 1817.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : KHORDHA District : KHORDHA State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
RAIPUR                          479               00        07       37
                                480               00        05       33
                                597               00        05       81
                                595               00        04       60
                                596               00        08       46
                                593               00        06       46
                                592               00        01       54
                                572               00        00       46
                                573               00        07       57
                                574               00        05       98
                                575               00        04       43
                                568               00        06       48
                                567               00        00       83
                                561               00        00       10
                                562               00        08       09
555 00 04 64 II (ii) 4807 554 00 05 86 543 00 02 64
                                 544               00       03        16
                                 547               00       06        56
                                 548               00       02        80
                                 549               00       01        67
                                 525               00       07        08
                                 521               00       11        76
                                 520               00       04        44
BASANTA                          647               00       07        65
                                 648               00       06        50
                                 635               00       04        17
                                 650               00       00        10
                                 632               00       00        81
                                 651               00       02        88
                                 631               00       03        55
                                 608               00       03        74
                                 609               00       04        99
                                 610               00       02        84
                                 605               00       03        73
                                 614               00       03        65
                                 523               00       07        91
                                 520               00       03        76
                                 519               00       03        82
                                 461               00       06        33
                                 462               00       02        74
                                 518               00       13        94
                                 517               00       01        42
                                 515               00       03        49
514 00 04 27 4808 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 512 00 08 37
                               551               00        00       10
                               508               00        02       31
                               555               00        01       56
                               507               00        00       21
                               556               00        07       39
                               502               00        05       19
                               501               00        04       23
                               500               00        02       15
                               497               00        03       02
                               499               00        03       26
                               498               00        04       15
ANDA                           600               00        04       23
                               599               00        05       62
                               598               00        07       20
                               604               00        00       26
                               607               00        03       55
                               608               00        00       29
                               609               00        01       80
                               610               00        07       51
                               611               00        01       54
                               621               00        04       20
                               620               00        04       36
                               690               00        02       11
                               691               00        02       86
                               693               00        04       13
                               694               00        01       03
                               696               00        00       78
                               695               00        05       49
720 00 01 62 II (ii) 4809

783 00 00 46785 00 03 42

                                   799               00        01       07
                                   786               00        03       82
                                   798               00        01       10
                                 798/1108            00        00       32
                                 799/1109            00        00       88
                                   788               00        10       00
                                   797               00        00       63
                                   795               00        04       59
                                   793               00        08       93
                                   794               00        00       10
   HARIPUR                         933               00        07       93
                                   931               00        01       31
                                  934/967            00        02       06
                                   935               00        11       08
                                   936               00        06       16
                                   958               00        00       10
                                   940               00        08       75
                                   941               00        06       22
                                   951               00        00       19
                                   948               00        03       14
                                   947               00        02       86
                                   946               00        01       16
                                   949               00        04       76
DHAULIMUHNA                        2039              00        07       00
                                   2038              00        00       10
                                   2040              00        14       86
2041 00 10 37 4810 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2048 00 09 30 2028 00 07 47
                                   2050               00       12       83
                                   2051               00       00       10
                                   2024               00       13       76
                                   2022               00       04       83
                                   2025               00       00       97
                                   2020               00       14       30
                                   2019               00       01       41
 GOPINATHPUR                         3                00       00       72
                                     4                00       01       82
                                     5                00       00       34
                                     6                00       03       26
                                     7                00       02       86
                                     8                00       02       59
                                    11                00       03       63
                                    10                00       02       06
                                    13                00       02       50
BRAJMOHANPUR                        103               00       14       50
                                    95                00       12       85
                                    82                00       01       47
                                    81                00       01       32
                                    118               00       06       52
                                    119               00       06       28
                                    129               00       00       94
                                    128               00       04       13
                                    130               00       04       14
                                    131               00       07       24
135 00 05 94 II (ii) 4811 69 00 02 49
                                      136               00       00       31
                                      68                00       15       55
                                      170               00       00       28
                                      172               00       01       82
                                      173               00       07       41
                                      67                00       00       93
                                      174               00       01       74
                                      203               00       02       03
                                      175               00       00       92
                                      176               00       04       34
                                      177               00       04       80
                                      178               00       00       10
                                      200               00       02       69
                                      193               00       00       84
                                      199               00       05       82
                                      194               00       02       07
                                      198               00       08       34
                                      196               00       05       62
                                      269               00       00       10
NARASINHAPRASAD                       784               00       00       60
                                      785               00       05       05
                                      950               00       03       46
                                      985               00       06       69
                                      984               00       07       21
                                      951               00       08       91
                                      952               00       00       55
                                      955               00       04       03
                                      954               00       03       43
953 00 03 02 4812 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 978 00 05 14 977 00 01 90
                                   993               00       03       04
                                   994               00       03       51
                                   976               00       07       35
RAMACHANDI                         584               00       04       26
                                   582               00       02       59
                                   583               00       09       73
                                   606               00       00       30
                                   607               00       07       29
                                   608               00       02       82
                                   609               00       04       76
                                   637               00       03       80
                                   636               00       04       66
                                   635               00       00       90
                                   632               00       00       78
                                   634               00       02       14
                                   633               00       09       47
                                   659               00       10       64
                                   674               00       04       76
                                   675               00       06       30
                                   669               00       00       10
                                   696               00       11       68
                                   710               00       00       10
                                   698               00       00       94
                                   707               00       02       90
                                   706               00       00       63
                                   705               00       00       69
                                   708               00       01       06
733 00 08 57 II (ii) 4813 736 00 05 58 741 00 00 99
                                    740               00       05       36
                                    739               00       01       31
                                    527               00       13       12
                                    526               00       01       70
                                    525               00       05       57
                                    500               00       00       63
                                    499               00       04       02
                                    175               00       05       01
                                    478               00       05       24
                                    479               00       00       30
                                    477               00       00       83
                                    480               00       05       14
                                    486               00       00       10
                                    485               00       09       48
                                    484               00       06       60
DURGAPRASAD                         842               00       01       78
                                    843               00       05       70
                                    841               00       03       28
                                    844               00       00       10
                                    845               00       01       42
                                    835               00       06       51
                                    834               00       04       84
                                    846               00       02       04
                                 846/1065             00       02       05
                                    847               00       01       16
                                    832               00       01       42
                                    812               00       10       36
813 00 01 41 4814 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 807 00 12 30 808 00 01 85
                                    805               00       00       36
                                    804               00       04       56
                                    789               00       06       94
                                    803               00       00       10
                                    790               00       03       25
                                    791               00       04       04
                                    792               00       04       44
                                    727               00       00       28
                                    730               00       06       14
                                    731               00       00       10
                                    728               00       00       10
                                    729               00       00       74
                                    713               00       04       29
                                    714               00       00       10
                                    712               00       02       10
                                    710               00       02       78
                                    709               00       05       88
                                    706               00       00       64
                                    698               00       01       50
                                    699               00       00       76
                                    705               00       02       28
                                    704               00       03       44
                                    702               00       00       10
                                    703               00       03       33
                                    692               00       06       68
                                    690               00       00       22
                                    693               00       05       99
JAGANNATHPUR                        942               00       04       75
II (ii) 4815 943 00 02 97 941 00 03 22
  948               00        00       61
  949               00        03       21
  933               00        02       52
  953               00        07       51
  954               00        00       47
  955               00        04       60
  956               00        09       69
  957               00        04       45
  958               00        04       96
  960               00        01       50
  961               00        08       34
  1003              00        00       40
  962               00        06       57
  963               00        02       26
  910               00        09       63
  909               00        11       87
  908               00        00       51
  906               00        00       25
906/1138            00        00       10
  907               00        03       65
  900               00        04       11
  899               00        01       23
  898               00        05       06
  892               00        02       49
  885               00        05       22
  884               00        03       18
  886               00        13       67
  877               00        01       13
872 00 03 51 4816 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 871 00 02 89 873 00 00 10
861               00        07       40
862               00        00       35
860               00        06       81
859               00        03       47
446               00        02       59
447               00        02       73
450               00        00       95
451               00        05       74
466               00        01       26
463               00        09       20
462               00        00       64
464               00        02       95
461               00        03       25
460               00        08       01
459               00        00       10
477               00        02       43
478               00        03       19
822               00        01       39
483               00        04       53
484               00        01       05
482               00        00       10
485               00        09       54
818               00        00       36
486               00        01       25
493               00        05       56
492               00        01       11
491               00        01       56
496               00        01       73
497 00 01 94 II (ii) 4817 498 00 37 12 812 00 00 10
                                   508               00        01       37
                                   509               00        01       74
                                   510               00        07       50
                                   511               00        00       88
                                   512               00        02       90
                                   513               00        06       16
                                   517               00        00       85
                                   518               00        05       79
                                   541               00        05       21
                                   540               00        07       15
                                   799               00        00       10
                                   523               00        00       10
                                   539               00        00       54
                                   537               00        00       10
                                   542               00        07       43
                                   545               00        00       12
                                   543               00        01       40
                                   544               00        01       41
                                   546               00        07       38
                                   550               00        01       41
                                   549               00        00       41
                                   548               00        04       29
                                   547               00        05       79
PANICHHATRA                        676               00        00       10
                                   677               00        03       35
                                   678               00        04       38
                                   696               00        08       60
695 00 01 84 4818 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 694 00 06 42 691 00 06 63
  717                00       05       31
  716                00       00       30
  718                00       05       04
  721                00       03       57
  722                00       01       81
  720                00       02       99
  763                00       05       02
  764                00       00       10
764/1513             00       00       10
764/1517             00       00       10
764/1518             00       00       10
764/1519             00       00       23
  762                00       02       23
  767                00       02       40
  761                00       01       38
  801                00       04       93
  802                00       07       17
  803                00       04       41
  804                00       04       56
  808                00       01       00
  824                00       06       55
  825                00       06       22
  879                00       02       90
  880                00       06       81
  881                00       00       34
  882                00       08       29
  901                00       02       33
  883                00       00       10
899 00 00 98 II (ii) 4819 894 00 02 93 897 00 02 54
                                 896               00       00       79
                                 907               00       03       55
                                 908               00       02       66
                                 917               00       01       19
                               917/1487            00       02       48
                                 920               00       00       43
                                 919               00       02       04
                                 918               00       00       26
                                 932               00       03       42
                                 933               00       00       45
                                 950               00       00       10
                               950/1435            00       00       10
                                 949               00       12       46
                                 943               00       00       11
                                 948               00       03       50
                                 947               00       08       78
                                 946               00       00       32
                                 982               00       02       09
                                 980               00       00       12
                                 981               00       13       63
                                 985               00       02       23
KANPUR                          1580               00       03       19
                                1581               00       01       10
                                1579               00       04       76
                                1578               00       08       43
                                1583               00       01       35
                                1585               00       06       64
1577 00 08 05 4820 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1588 00 01 45 1589 00 06 76
                                 1598               00       02       18
                                 1594               00       02       74
                                 1597               00       02       96
                                 1596               00       04       13
                                 1595               00       00       10
GODIPADA                          571               00       10       16
                                  570               00       04       09
                                  573               00       06       86
                                  568               00       04       11
                                  576               00       03       52
                                  577               00       01       58
                                  578               00       02       42
                                  579               00       00       17
                                  566               00       11       05
                                  565               00       01       87
                                  580               00       03       52
                                  581               00       01       48
                                  484               00       02       80
                                  483               00       00       20
                                  478               00       00       85
                                  476               00       03       30
                                  475               00       04       07
                                  474               00       02       75
                                  473               00       03       69
                                  472               00       01       79
                                  464               00       13       11
                                  465               00       00       43
463 00 07 17 II (ii) 4821

448 00 00 49449 00 15 36

                                 454               00       05       47
                                 452               00       01       42
                                 414               00       07       14
                                 415               00       14       44
                                 408               00       12       88
                                 397               00       08       34
                                 379               00       07       94
                                 386               00       08       79
                                 387               00       13       99
                                 362               00       04       93
                                 361               00       12       91
                                 364               00       00       57
  MOTA                           392               00       00       17
                                 391               00       08       16
                                 390               00       01       05
                                 251               00       09       08
                                 250               00       16       41
                                 249               00       06       92
                                 248               00       04       80
                                 206               00       06       09
LAHANGA                          127               00       03       92
                                 126               00       08       81
                                 114               00       02       28
                                 125               00       03       63
                                 124               00       03       76
                                 115               00       00       12
123 00 05 09 4822 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 119 00 02 04 121 00 02 03
120               00        02       09
117               00        00       32

[F. No. R-25011/17/2017-OR-I/48599/13715]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 3 अगस्त, 2017

का.आ. 1818.— के न्द्रीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओड़िशा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉर्पोरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" बिछाई जानी चाहिए;

और के न्द्रीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि मे जो इससे उपाबद्ध अनुसूची में वर्णित है ओर जिसमें उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत: अब, के न्द्रीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई व्यक्ति, जो उक्त अनुसूची में वर्णित भूमि में हितबद्ध है, उस तारीख से जिसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इक्कीस दिन के भीतर भूमि के नीचे पाइपलाइन बिछाए जाने के लिए उसमें उपयोग के अधिकार के अर्जन के सम्बन्ध में श्री दिल्लीप कु मार महांति, सक्षम प्राधिकारी, इंडियन ऑयल कॉर्पोरेशन लिमिटेड, पारादीप- हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर , शहीद नगर , भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूची
तहसील-जटणी जिला - खोद्र्धा राज्य -ओड़िशा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5
सेउलखाल                     131                00        02          68
                            130                00        04          20
                            123                00        02          39
                            124                00        02          53
                            128                00        00          63
                            127                00        00          36
                            125                00        02          21
126 00 02 89 II (ii) 4823
                             65                00        00          65
                             64                00        02          46
                             63                00        04          54
                             67                00        00          10
                             62                00        06          51
                             61                00        03          84
                             59                00        04          41
                             60                00        00          42
                             24                00        00          47
                             58                00        00          71
                             27                00        03          44
                             26                00        00          12
                             28                00        03          56
                             29                00        05          45
                             51                00        02          32
                             50                00        00          10
                             30                00        00          95
                             48                00        04          10
                             47                00        03          40
                             46                00        01          18
                             42                00        00          14
                             43                00        03          01
                             44                00        01          82
                             38                00        02          78
                             37                00        04          23
                             36                00        00          81
आम्बअटा                     352                00        07          77
                            353                00        08          70
                            356                00        00          54
                          356/521              00        00          10
                            357                00        04          20
                            351                00        00          11
                            362                00        05          85
                            363                00        05          31
                          364/484              00        02          97
                            364                00        02          52
                            333                00        01          24
                            332                00        04          05
                            330                00        02          86
                          330/503              00        02          84
4824 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  329                 00        04         25
  328                 00        05         16
 248/483              00        05         59
  251                 00        04         75
 251/523              00        01         33
  243                 00        02         12
  252                 00        02         73
  253                 00        00         20
  262                 00        01         91
 262/556              00        01         15
  261                 00        01         72
  254                 00        01         80
  255                 00        01         07
  256                 00        02         03
  257                 00        02         57
  258                 00        07         90
  259                 00        00         88
259/1617              00        00         10
 259/529              00        00         22
 259/570              00        00         70
 259/571              00        00         71
 259/593              00        00         22
  212                 00        02         09
  214                 00        01         72
 214/576              00        00         11
  213                 00        06         47
  191                 00        00         82
  192                 00        00         10
  194                 00        04         14
 194/545              00        02         08
 194/598              00        00         43
  172                 00        07         38
  175                 00        03         47
 175/496              00        00         70
 175/549              00        00         10
 175/561              00        00         10
  162                 00        00         94
  161                 00        02         48
161/546               00        02         25
  157                 00        01         19
157/520               00        00         56
II (ii) 4825
                           157/553               00        00         12
                             158                 00        00         14
                             159                 00        07         57
                            159/548              00        00         64
                            159/554              00        00         81
                             153                 00        00         65
                             132                 00        05         09
                             136                 00        00         18
                             135                 00        00         46
                             134                 00        00         53
                             133                 00        01         13
                             125                 00        03         09
                             126                 00        03         16
                              11                 00        05         39
                             118                 00        01         31
                              12                 00        02         36
                             117                 00        05         62
                             116                 00        00         91
                             112                 00        00         21
                             111                 00        00         10
                             110                 00        04         56
                            110/557              00        01         07
                            110/558              00        01         07
                            110/559              00        01         07
                            110/560              00        01         07
                             109                 00        06         64
                              17                 00        03         05
                            17/524               00        00         47
                            17/565               00        00         66
                              31                 00        02         90
                              20                 00        13         53
                              21                 00        00         50
पाण्डिआबील                   190                 00        01         26
                             191                 00        03         84
                             192                 00        00         67
                             195                 00        01         92
                             193                 00        03         92
                             194                 00        02         26
253 00 03 36

251 00 00 214826 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

  252                00        04          42
  246                00        07          32
  245                00        09          91
  242                00        06          28
  241                00        00          48
  237                00        02          96
  299                00        01          15
  300                00        03          23
  1453               00        00          59
  236                00        03          41
  301                00        00          59
  235                00        02          74
  302                00        01          09
  347                00        05          51
  346                00        05          63
347/1395             00        00          12
  345                00        03          66
  343                00        00          12
  344                00        03          56
  342                00        03          49
  341                00        19          34
  340                00        02          24
  348                00        02          17
  368                00        00          10
  369                00        01          66
  371                00        00          10
  372                00        04          52
  374                00        04          35
  373                00        00          78
  378                00        02          84
  390                00        00          57
  389                00        02          79
  391                00        02          69
  388                00        06          07
  387                00        01          04
  394                00        00          10
  426                00        02          22
  427                00        01          62
  443                00        22          74
  442                00        02          54
  453                00        11          26
II (ii) 4827
                           452                00        02          62
                           451                00        01          96
                           441                00        01          50
                           440                00        06          36
                           493                00        00          81
                           492                00        03          85
                           454                00        02          54
                           477                00        01          09
                           478                00        04          11
                           475                00        02          67
                           479                00        02          38
                           474                00        00          27
                           483                00        03          47
                           484                00        05          29
                           485                00        03          56
                           540                00        01          56
                           512                00        00          75
                           515                00        02          92
                           514                00        01          44
                           516                00        04          79
                           524                00        01          74
                           523                00        00          11
                           525                00        02          24
                           522                00        03          20
                           521                00        04          87
                           520                00        01          08
                           518                00        00          20
                           519                00        05          27
                           641                00        01          23
                           642                00        04          41
त्रीमल                    1433                00        06          05
                          1438                00        05          97
                          1437                00        00          10
                          1441                00        03          69
                        1414/2845             00        03          54
                          1442                00        06          87
                          1459                00        03          23
                          1460                00        00          44
                          1263                00        05          14
1264 00 05 25 4828 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
  1266                00        02         03
  1258                00        06         29
  1267                00        02         70
  1268                00        02         99
  1270                00        03         71
  1289                00        03         20
  1286                00        01         61
  1287                00        03         26
  1288                00        05         10
  1208                00        05         10
  1209                00        02         42
  1204                00        00         28
1204/2918             00        00         23
  1210                00        05         28
  1203                00        03         51
  1202                00        01         84
  1201                00        03         12
  1200                00        00         35
  1199                00        12         28
  1182                00        12         76
  1177                00        01         65
  1183                00        00         10
  1181                00        01         73
  1179                00        03         53
  1178                00        01         66
  1718                00        03         78
  1719                00        04         96
  1696                00        00         14
  1723                00        04         66
  1724                00        04         83
  1725                00        20         81
  1699                00        00         10
  1698                00        01         12
  1695                00        01         86
  1694                00        21         54
  1677                00        00         22
  1692                00        08         64
  1691                00        17         32
  1687                00        00         40
  1686                00        06         91
  1685                00        03         96
II (ii) 4829
                           1924                00        01         86
                           2020                00        07         67
                           1930                00        01         43
                           2007                00        03         81
                           2008                00        15         40
                           2010                00        06         21
                           2011                00        07         14
                           2005                00        02         02
                           2012                00        00         12
बिजीपुर                     412                00        04         16
                            411                00        00         20
                            413                00        09         75
                            417                00        06         20
                            414                00        01         45
                            415                00        06         30
                            425                00        01         63
                            434                00        00         59
                            432                00        11         45
                            433                00        04         53
                            431                00        01         57
                            450                00        09         13
                            451                00        00         18
                            455                00        05         54
                            454                00        00         33
                            456                00        02         90
                            457                00        19         96
                            453                00        00         96

[फा.सं. आर-25011/17/2017-ओआर-I/48599/13715]

पवन कु मार, अवर सचिव

New Delhi, the 3rd August, 2017

S.O. 1818.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of petroleum products from Paradip (Odisha) to Hyderabad (Telangana), "Paradip-Hyderabad Pipeline" should be laid by Indian Oil Corporation Limited;

And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the schedule annexed hereto;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein;

4830 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Any person interested in the land described in the said schedule may, within twenty-one days from the date on which copies of the Gazette of India containing this notification are made available to the general public, object in writing to the acquisition of the right of user therein for laying of the pipeline under the land to Sri Dillip Kumar Mohanty, Competent Authority, Indian Oil Corporation Limited, Paradip-Hyderabad Pipeline Project, 3rd Floor, Alok Bharati Tower, Saheed Nagar, Bhubaneswar- 751007, (Odisha).

SCHEDULE
Tehsil : JATANI District : KHORDHA State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
SEULAKHAL                              131                   00      02      68
                                       130                   00      04      20
                                       123                   00      02      39
                                       124                   00      02      53
                                       128                   00      00      63
                                       127                   00      00      36
                                       125                   00      02      21
                                       126                   00      02      89
                                       65                    00      00      65
                                       64                    00      02      46
                                       63                    00      04      54
                                       67                    00      00      10
                                       62                    00      06      51
                                       61                    00      03      84
                                       59                    00      04      41
                                       60                    00      00      42
                                       24                    00      00      47
                                       58                    00      00      71
                                       27                    00      03      44
                                       26                    00      00      12
                                       28                    00      03      56
                                       29                    00      05      45
                                       51                    00      02      32
                                       50                    00      00      10
                                       30                    00      00      95
                                       48                    00      04      10
                                       47                    00      03      40
                                       46                    00      01      18
                                       42                    00      00      14
                                       43                    00      03      01
                                       44                    00      01      82
38 00 02 78 37 00 04 23 II (ii) 4831
                                       36                    00      00       81
AMBAATA                                352                   00      07       77
                                       353                   00      08       70
                                       356                   00      00       54
                                     356/521                 00      00       10
                                       357                   00      04       20
                                       351                   00      00       11
                                       362                   00      05       85
                                       363                   00      05       31
                                     364/484                 00      02       97
                                       364                   00      02       52
                                       333                   00      01       24
                                       332                   00      04       05
                                       330                   00      02       86
                                     330/503                 00      02       84
                                       329                   00      04       25
                                       328                   00      05       16
                                     248/483                 00      05       59
                                       251                   00      04       75
                                     251/523                 00      01       33
                                       243                   00      02       12
                                       252                   00      02       73
                                       253                   00      00       20
                                       262                   00      01       91
                                     262/556                 00      01       15
                                       261                   00      01       72
                                       254                   00      01       80
                                       255                   00      01       07
                                       256                   00      02       03
                                       257                   00      02       57
                                       258                   00      07       90
                                       259                   00      00       88
                                    259/1617                 00      00       10
                                     259/529                 00      00       22
                                     259/570                 00      00       70
                                     259/571                 00      00       71
                                     259/593                 00      00       22
                                       212                   00      02       09
                                       214                   00      01       72
214/576 00 00 11 213 00 06 47 4832 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

191 00 00 82192 00 00 10

  194                   00       04       14
194/545                 00       02       08
194/598                 00       00       43
  172                   00       07       38
  175                   00       03       47
175/496                 00       00       70
175/549                 00       00       10
175/561                 00       00       10
  162                   00       00       94
  161                   00       02       48
161/546                 00       02       25
  157                   00       01       19
157/520                 00       00       56
157/553                 00       00       12
  158                   00       00       14
  159                   00       07       57
159/548                 00       00       64
159/554                 00       00       81
  153                   00       00       65
  132                   00       05       09
  136                   00       00       18
  135                   00       00       46
  134                   00       00       53
  133                   00       01       13
  125                   00       03       09
  126                   00       03       16
   11                   00       05       39
  118                   00       01       31
   12                   00       02       36
  117                   00       05       62
  116                   00       00       91
  112                   00       00       21
  111                   00       00       10
  110                   00       04       56
110/557                 00       01       07
110/558                 00       01       07
110/559                 00       01       07
110/560                 00       01       07
109 00 06 64 17 00 03 05 II (ii) 4833
                                     17/524                 00       00       47
                                     17/565                 00       00       66
                                       31                   00       02       90
                                       20                   00       13       53
                                       21                   00       00       50
PANDIABIL                              190                  00       01       26
                                       191                  00       03       84
                                       192                  00       00       67
                                       195                  00       01       92
                                       193                  00       03       92
                                       194                  00       02       26
                                       253                  00       03       36
                                       251                  00       00       21
                                       252                  00       04       42
                                       246                  00       07       32
                                       245                  00       09       91
                                       242                  00       06       28
                                       241                  00       00       48
                                       237                  00       02       96
                                       299                  00       01       15
                                       300                  00       03       23
                                      1453                  00       00       59
                                       236                  00       03       41
                                       301                  00       00       59
                                       235                  00       02       74
                                       302                  00       01       09
                                       347                  00       05       51
                                       346                  00       05       63
                                    347/1395                00       00       12
                                       345                  00       03       66
                                       343                  00       00       12
                                       344                  00       03       56
                                       342                  00       03       49
                                       341                  00       19       34
                                       340                  00       02       24
                                       348                  00       02       17
                                       368                  00       00       10
                                       369                  00       01       66
371 00 00 10 372 00 04 52 4834 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 374 00 04 35
373                   00       00      78
378                   00       02      84
390                   00       00      57
389                   00       02      79
391                   00       02      69
388                   00       06      07
387                   00       01      04
394                   00       00      10
426                   00       02      22
427                   00       01      62
443                   00       22      74
442                   00       02      54
453                   00       11      26
452                   00       02      62
451                   00       01      96
441                   00       01      50
440                   00       06      36
493                   00       00      81
492                   00       03      85
454                   00       02      54
477                   00       01      09
478                   00       04      11
475                   00       02      67
479                   00       02      38
474                   00       00      27
483                   00       03      47
484                   00       05      29
485                   00       03      56
540                   00       01      56
512                   00       00      75
515                   00       02      92
514                   00       01      44
516                   00       04      79
524                   00       01      74
523                   00       00      11
525                   00       02      24
522                   00       03      20
521                   00       04      87
520                   00       01      08
518 00 00 20 519 00 05 27 II (ii) 4835 641 00 01 23 642 00 04 41
TRIMAL                               1433                  00       06      05
                                     1438                  00       05      97
                                     1437                  00       00      10
                                     1441                  00       03      69
                                  1414/2845                00       03      54
                                     1442                  00       06      87
                                     1459                  00       03      23
                                     1460                  00       00      44
                                     1263                  00       05      14
                                     1264                  00       05      25
                                     1266                  00       02      03
                                     1258                  00       06      29
                                     1267                  00       02      70
                                     1268                  00       02      99
                                     1270                  00       03      71
                                     1289                  00       03      20
                                     1286                  00       01      61
                                     1287                  00       03      26
                                     1288                  00       05      10
                                     1208                  00       05      10
                                     1209                  00       02      42
                                     1204                  00       00      28
                                  1204/2918                00       00      23
                                     1210                  00       05      28
                                     1203                  00       03      51
                                     1202                  00       01      84
                                     1201                  00       03      12
                                     1200                  00       00      35
                                     1199                  00       12      28
                                     1182                  00       12      76
                                     1177                  00       01      65
                                     1183                  00       00      10
                                     1181                  00       01      73
                                     1179                  00       03      53
                                     1178                  00       01      66
                                     1718                  00       03      78
                                     1719                  00       04      96
1696 00 00 14 1723 00 04 66 4836 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1724 00 04 83 1725 00 20 81
                                    1699                   00       00      10
                                    1698                   00       01      12
                                    1695                   00       01      86
                                    1694                   00       21      54
                                    1677                   00       00      22
                                    1692                   00       08      64
                                    1691                   00       17      32
                                    1687                   00       00      40
                                    1686                   00       06      91
                                    1685                   00       03      96
                                    1924                   00       01      86
                                    2020                   00       07      67
                                    1930                   00       01      43
                                    2007                   00       03      81
                                    2008                   00       15      40
                                    2010                   00       06      21
                                    2011                   00       07      14
                                    2005                   00       02      02
                                    2012                   00       00      12
BIJIPUR                              412                   00       04      16
                                     411                   00       00      20
                                     413                   00       09      75
                                     417                   00       06      20
                                     414                   00       01      45
                                     415                   00       06      30
                                     425                   00       01      63
                                     434                   00       00      59
                                     432                   00       11      45
                                     433                   00       04      53
                                     431                   00       01      57
                                     450                   00       09      13
                                     451                   00       00      18
                                     455                   00       05      54
                                     454                   00       00      33
                                     456                   00       02      90
                                     457                   00       19      96
                                     453                   00       00      96

[F. No. R-25011/17/2017-OR-I/48599/13715]

PAWAN KUMAR, Under Secy.

II (ii) 4837

नई दिल्ली, 10 अगस्त, 2017

केन्द्रीय सरकार को जहां यह प्रतीत होता है कि, इससे उपाबद्ध अनुसूची में उल्लिखित परिक्षेत्र की भूमि में कोयला अभिप्राप्त किए जाने की संभाव्यता है;

और रेखांक संख्या एसईसीएल/जेओएच/विन्ध्या-।।।/एल एण्ड आर/सीबीए4(1)/17/515, तारीख 28 जून, 2017 जिसमें उक्त अनुसूची में वर्णित भूमि क्षेत्र के ब्यौरे अन्तर्विष्ट है, का निरीक्षण कलेक्टर, जिला उमरिया (मध्य प्रदेष) के कार्यालय में या मुख्य महाप्रबंधक (खोज प्रभाग), सेंट्रल माइन प्लानिंग एण्ड डिजाइन इन्स्टीच्यूट लिमिटेड, गोंडवाना पैलेस, रांची-834031, झारखंड के कार्यालय में या कोयला नियंत्रक, 1, काउंसिल हाऊस स्ट्रीट, कोलकाता - 700001 के कार्यालय में या साऊथ ईस्टर्न कोलफील्ड्‌स लिमिटेड (राजस्व अनुभाग), सीपत रोड, बिलासपुर-495006 (छत्त्तीसगढ़) के कार्यालय में किया जा सकता है;

अतः, अब, केन्द्रीय सरकार, कोयला धारक क्षेत्र (अर्जन और विकास) अधिनियम, 1957 (1957 का 20) (जिसे इसमें इसके पष्चात्‌ उक्त अधिनियम कहा गया है) की धारा 4 की उप-धारा (1) द्वारा प्रदत्त षक्तियों का प्रयोग करते हुए, पूर्वोक्त अनुसूची में वर्णित भूमि में कोयले का पूर्वेक्षण करने के अपने आषय की सूचना देती है;

उपरोक्त अनुसूची में वर्णित भूमि में हितबद्ध कोई व्यक्ति, इस अधिसूचना के राजपत्र में प्रकाषन की तारीख से नब्बे दिन की अवधि के भीतर भारसाधक अधिकारी या विभागाध्यक्ष (राजस्व), साऊथ ईस्टर्न कोलफील्ड्‌स लिमिटेड, सीपत रोड, बिलासपुर-495006 (छत्तीसगढ़) से-

(i) संपूर्ण भूमि या उसके किसी भाग या ऐसी भूमि में या उसके ऊपर किसी अधिकार के अर्जन पर आक्षेप कर सकेगा; या

(ii) उक्त अधिनियम की धारा 4 की उप-धारा (3) के अधीन की गई किसी कार्रवाई से हुई या होने वाली संभावित

किसी क्षति के लिये अधिनियम की धारा 6 के अधीन प्रतिकर का दावा कर सकेगा; या

(iii) उक्त अधिनियम की धारा 13 की उप-धारा (1) के अधीन पूर्वेक्षण अनुज्ञप्तियों के प्रभावहीन होने के संबंध में या उक्त अधिनियम की धारा 13 की उप-धारा (4) के अधीन खनन पट्‌टे प्रभावहीन होने पर प्रतिकर का दावा कर सकेगा और उसे उक्त अधिनियम की धारा 13 की उप-धारा (1) के खंड (i) से खंड (iv) में विनिर्दिष्ट मदों की बाबत उपगत व्यय को उपदर्षित करने के लिये पूर्वोक्त भूमि से संबंधित सभी मानचित्रों, चार्टों और अन्य दस्तावेजों को परिदत्त कर सकेगा।

विन्ध्या डिपलरिंग ब्लॉक-III, जोहिला क्षेत्र,

जिला-उमरिया (मध्य प्रदेष)

(एसईसीएल/जेओएच/विन्ध्या-।।।/एल एण्ड आर/सीबीए4(1)/17/515, तारीख 28 जून, 2017)

क्रम सं. ग ्राम का नाम जनरल संख्या पटवारी हल्का नम्बर तहसील जिला क्षेत्र हेक्टर में टिप्पणी
1. डगडौआ 290 15 नौरोजाबाद उमरिया 22.533 भाग
2. महुरा 577 14 नौरोजाबाद उमरिया 15.796 भाग
कुल : 38.329 हेक्टर (लगभग) या 94.71 एकड़ (लगभग)

I क-ख रेखा बिन्दु 'क' से आरंभ होती है और ग्राम डगडौआ के मध्य भाग से गुजरती हुई बिन्दु 'ख' पर मिलती है।

ख-ग रेखा बिन्दु 'ख' से आरंभ होती है और ग्राम डगडौआ के मध्य भाग से दक्षिण को गुजरती हुई बिन्दु 'ग' पर मिलती है।

ग-घ रेखा बिन्दु 'ग' से आरंभ होती है और ग्राम डगडौआ के मध्य भाग से पूर्व को होती हुई बिन्दु 'घ' पर मिलती है।

4838 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

घ-ङ-क रेखा बिन्दु 'घ' से आरंभ होती है और ग्राम डगडौआ के मध्य भाग से दक्षिण और पष्चिम को, बिन्दु 'ङ' से होती हुई आरंभिक बिन्दु 'क' पर मिलती है।

II च-छ रेखा बिन्दु 'च' से आरंभ होती है और ग्राम महुरा के मध्य भाग से पूर्व को होती हुई बिन्दु 'छ' पर मिलती है।

छ-ज रेखा बिन्दु 'छ' से आरंभ होती है और ग्राम महुरा के मध्य भाग से दक्षिण को होती हुई बिन्दु 'ज' पर मिलती है।

ज-झ-च रेखा बिन्दु 'ज' से आरंभ होती है और ग्राम महुरा के मध्य भाग से पष्चिम और उत्तर को, बिन्दु 'झ' से होती हुई आरंभिक बिन्दु 'च' पर मिलती है।

III

ट-ठ रेखा बिन्दु 'ट' से आरंभ होती है और ग्राम महुरा के मध्य भाग से दक्षिण को होती हुई बिन्दु 'ठ' पर मिलती है।

ठ-ड रेखा बिन्दु 'ठ' से आरंभ होती है और ग्राम महुरा के मध्य भाग से पष्चिम को होती हुई बिन्दु 'ड' पर मिलती है।

ड-ढ-ट रेखा बिन्दु 'ड' से आरंभ होती है और ग्राम महुरा के मध्य भाग से उत्तर और पूर्व को, बिन्दु 'ढ' से होती हुई आरंभिक बिन्दु 'ट' पर मिलती है।

IV त-थ रेखा बिन्दु 'त' से आरंभ होती है और ग्राम महुरा के मध्य भाग से पष्चिम को होती हुई बिन्दु 'थ' पर मिलती है।

थ-द रेखा बिन्दु 'थ' से आरंभ होती है और ग्राम महुरा के मध्य भाग से उत्तर को होती हुई बिन्दु 'द' पर मिलती है।

द-ध-त रेखा बिन्दु 'द' से आरंभ होती है और ग्राम महुरा के मध्य भाग से पूर्व को, बिन्दु 'ध' से होती हुई आरंभिक बिन्दु 'त' पर मिलती है।

[फा. सं. 43015/33/2017-एलए एण्ड आईआर]

आर. एस. सरोज, अवर सचिव

MINISTRY OF COAL

New Delhi, the 10th August, 2017

S.O. 1819.—Whereas, it appears to the Central Government that coal is likely to be obtained from the lands in the locality described in the Schedule annexed hereto;

And whereas, the plan bearing number SECL/JOH/VINDHYA-III/L&R/CBA4(1)/17/ 515, dated the 28th June, 2017 containing details of the area of land described in the said Schedule may be inspected at the office of the Collector, District Umaria (Madhya Pradesh) or at the office of the Chief General Manager (Exploration Division), Central Mine Planning and Design Institute Limited, Gondwana Palace, Ranchi-834031, Jharkhand or at the office of the Coal Controller, 1, Council House Street, Kolkata-700001 or at the office of the South Eastern Coalfields Limited (Revenue Section), Seepat Road, Bilaspur - 495006 (Chhattisgarh);

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), (hereinafter referred to as the said Act), the Central Government hereby gives notice of its intention to prospect for coal from the land described in the said Schedule;

Any person interested in the land described in the said Schedule may-

(i) object to the acquisition of the whole or any part of the land or of any rights in or over such land; or

(ii) claim compensation under section 6 of the said Act for any damage caused or likely to be caused by any action taken under sub section (3) of section 4 of the said Act; or

(iii) claim compensation under sub-section (1) of section 13 of the said Act, in respect of prospecting license ceasing to have effect or under sub-section (4) of section 13 of the said Act for mining lease ceasing to have effect and deliver all maps, charts and other documents relating to the said land to show the expenditure incurred in respect of items specified in clauses (i) to (iv) of sub-section (1) of section 13 of the said Act,II (ii) 4839 to the Officer-In-Charge or Head of the Department (Revenue), South Eastern Coalfields Limited, Seepat Road, Bilaspur-495006 (Chhattisgarh) within a period of ninety days from the date of publication of this notification.

SCHEDULE

Vindhya Depillaring Block-III, Johilla Area,

District-Umaria, Madhya Pradesh

(Plan bearing number SECL/ JOH/VINDHYA-III/L&R/CBA 4(1)/17/ 515, dated the 28th June, 2017)

Sl. No. Name of village General number Patwari halka number Tahsil District Area in hectares Remarks
1. Dagdaua 290 15 Nowrozabad Umaria 22.533 Part
2. Mahura 577 14 Nowrozabad Umaria 15.796 Part
Total: 38.329 hectares (approximately) or 94.71 acres (approximately)

Boundary description:

Block-I :

A-B Line starts from point 'A' and passes through middle part of village Dagdaua and meets at point 'B'.

B-C Line starts from point 'B' and passes towards south through middle part of village Dagdaua and meets at point 'C'.

C-D Line starts from point 'C' and passes towards east through middle part of village Dagdaua and meets at point 'D'.

D-E-A Line starts from point 'D' and passes towards south and west through middle part of village Dagdaua, point 'E' and meets at starting point 'A'.

Block-II :

K-L Line starts from point 'K' and passes towards east through middle part of village Mahura and meets at point 'L'.

L-M Line starts from point 'L' and passes towards south through middle part of village Mahura and meets at point 'M'.

M-N-K Line starts from point 'M' and passes towards west and north through middle part of village Mahura, point 'N' and meets at starting point 'K'.

Block- III :

P-Q Line starts from point 'P' and passes towards south through eastern part of village Mahura and meets at point 'Q'.

Q-R Line starts from point 'Q' and passes towards west through southern part of village Mahura and meets at point 'R'.

R-S-P Line starts from point 'R' and passes towards north and east through southern part of village Mahura, point 'S' and meets at starting point 'P'.

Block- IV:

U-V Line starts from point 'U' and passes towards west through western part of village Mahura and meets at point 'V'.

V-W Line starts from point 'V' and passes towards north through western part of village Mahura and meets at point 'W'.

W-X-U Line starts from point 'W' and passes towards east through southern part of village Mahura, point 'X' and meets at starting point 'U'.

[F. No. 43015/33/2017-LA & IR]

R. S. SAROJ, Under Secy.

4840 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

—

II MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 27th July, 2017

S.O. 1820.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Case No. 288/2013) of the Central Government Industrial Tribunal-cum- Labour Court No. II, Chandigarh as shown in Annexure, in the industrial dispute between the employers in relation to the General Manager, Bharat Sanchar Nigam Limited, District Patiala and their workman, which were received by the Central Government on 26.07.2017.

[No. L-40011/47/2013-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 288/2013

Registered on 18.09.2013

Sh. Kiranjit singh C/o Sh. Dharam Pal Angrish, President, Punjab Trade Union Federation, 139-A Model Town, Samrala Road, Khana-141401

…Petitioner

Versus

The General Manager, Bharat Sanchar Nigam Limited, Distt. Patiala

…Respondent

APPEARANCES :

For the workman       :     Sh. Dharam Pal Angrish AR of workman
For the Management    :     Sh. G.C. Babbar, Adv.

AWARD

Passed on : 7.4.2017

Vide Order No.L-40011/47/2013-IR(DU), dated 04.09.2013/06.09.2013 the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

"Whether the action of management of Bharat Sanchar Nigam Ltd. Patiala in terminating the services of Sh. Kiranjit singh s/o Sh. Jagar singh w.e.f. 16.10.2012 who was engaged by General Manager, BSNL, Patiala through contractor M/s Ramesh Kumar Mittal is just, valid and legal? To what relief the workman is entitled for and what directions are necessary in the matter?"

Notice was given to the workman as well as to the management who appeared through his representative who did not file any statement of claim.

II (ii) 4841

Today the case was fixed for evidence of the workman but his representative made statement withdrawing the reference with a further prayer that it be dismissed.

In view of the statement of the representative of the workman the reference is dismissed as withdrawn holding that the action of the management in terminating the services of the workman are not illegal and invalid and the reference is answered accordingly.

KEWAL KRISHAN, Presiding Officer —

II New Delhi, the 27th July, 2017

S.O. 1821.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Case No. 14/2016) of the Central Government Industrial Tribunal-cum- Labour Court No. II, Chandigarh as shown in Annexure, in the industrial dispute between the employers in relation to the M/s. Sentry Security Solutions, Golf Extension, Gurgaon, Harayana and their workman, which were received by the Central Government on 26.07.2017.

[No. L-40012/06/2016-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. 14/2016

Registered on 18.05.2016

Sh. Surinder Kumar S/o Sh. Ram Lal, Tarsem Nagar, Baba Balak Nath, Mandir Ke Picche Wali Gali No.2, House No.41, Mill Gate, Hissar-125001 …Applicant

Versus

M/s. Sentry Security Solutions, Office No.4, Vatika City, Golf Extension, Sec-49, Gurgaon (Haryana)-122001

…Respondent

APPEARANCES

For the workman       -    Ex parte
For the Management    -    Ex parte

AWARD

Passed on : 22.06.2017

Vide Order No.L-40012/06/2016-IR(DU), dated 11.04.2016, the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

"Whether the action of the management of Sentry Security Solutions in terminating the services of the workman Sh. Surinder Kumar S/o Sh. Ram Lal w.e.f. 01.08.2015 is legal and justified? If not, what relief the workman is entitled to and from which date?"4842 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] On receipt of the reference, notice was given to the workman as well as to the management.

Thus, workman and management were proceeded against ex parte.

Since the workman is proceeded ex parte, statement of claim was not filed by him.

In these circumstances, it cannot be said that the action of the respondent-management in terminating the services of the workman are illegal and unjustified, and being so the reference is answered accordingly against the workman.

KEWAL KRISHAN, Presiding Officer —

II New Delhi, the 27th July, 2017

S.O. 1822.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Case No. 46/2014) of the Central Government Industrial Tribunal-cum- Labour Court No. II, Chandigarh as shown in Annexure, in the industrial dispute between the employers in relation to the General Manager, Bharat Sanchar Nigam Limited, Main Office, Hissar and their workman, which were received by the Central Government on 26.07.2017.

[No. L-40012/48/2014-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 46/2014

Registered on 01.01.2015

Sh. Sandeep Kumar, S/o Sh. Rajender Prasad, R/o Vill-Ladwa, Hissar-125001

…Petitioner Versus

The General Manager, Bharat Sanchar Nigam Limited, Red Square Market Railway road, Main Office, Hissar-125001

…Respondent APPEARANCES :

For the workman          :    Sh. Jang Bahadur AR of workman
For the Management       :    Sh. D.R. Sharma, Adv.

AWARD

Passed on : 08.06.2017

Vide Order No.L-40012/48/2014-IR(DU), dated 18.11.2014 the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

II (ii) 4843

"Whether the action of management of Bharat Sanchar Nigam Limited, Hissar in terminating the services of Shri Sandeep Kumar S/o Shri Rajender Prasad w.e.f 10.11.2013 is valid, just and legal? If not to what relief the concerned workman is entitled to and from which date?"

Notice was given to the workman as well as to the management who appeared through their authorised representatives.

The workman did not file statement of claim. Rather his authorised representative made statement on 10.01.2017 to withdraw the present reference.

In view of his statement the reference is dismissed as withdrawn, holding that the action of the management in terminating the services of Sh. Sandeep Kumar is valid and legal and the reference is answered accordingly.

KEWAL KRISHAN, Presiding Officer —

II New Delhi, the 27th July, 2017

S.O. 1823.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Case No. 40/2014) of the Central Government Industrial Tribunal-cum- Labour Court No. II, Chandigarh as shown in Annexure, in the industrial dispute between the employers in relation to the General Manager, Bharat Sanchar Nigam Limited, Main Office, Hissar and their workman, which were received by the Central Government on 26.07.2017.

[No. L-40012/41/2014-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No. I.D. No. 40/2014

Registered on 01.01.2015

Sh. Sarwan Kumar, S/o Sh. Mool Chand, R/o Vill-Kaimari, Hissar-125001 …Petitioner

Versus

The General Manager, Bharat Sanchar Nigam Limited, Red Square Market Railway Road, Main Office, Hissar-125001

…Respondent

APPEARANCES :

For the workman : Sh. Jang Bahadur AR of workman

For the Management : Sh. D.R. Sharma, Adv.

AWARD

Passed on : 08.06.2017

Vide Order No.L-40012/41/2014-IR(DU), dated 18.11.2014 the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

4844 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

"Whether the action of management of Bharat Sanchar Nigam Limited, Hissar in terminating the services of Shri Sarwan Kumar s/o Shri Mool Chand w.e.f 10.11.2013 is valid, just and legal? If not to what relief the concerned workman is entitled to and from which date?"

Notice was given to the workman as well as to the management who appeared through their authorised representatives.

The workman did not file statement of claim. Rather his authorised representative made statement on 10.01.2017 to withdraw the present reference.

In view of his statement the reference is dismissed as withdrawn holding that the action of the management in terminating the services of Sh. Sarwan Kumar is valid and legal and the reference is answered accordingly.

KEWAL KRISHAN, Presiding Officer —

New Delhi, the 31st July, 2017

S.O. 1824.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 56/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/01/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 56/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Smt. M. Muniyammal : 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None
II (ii) 4845

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/01/2017-IR(DU) dated 06.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Smt. Muniyammal in seeking reinstatement with backwages with IIT (Madras),

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 56/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 28 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

New Delhi, the 31st July, 2017

S.O. 1825.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 57/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/02/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director4846 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 57/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Sri C. Chander

: 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/02/2017-IR (DU) dated 02.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Sri C. Chander, in seeking reinstatement with backwages with IIT (Madras),

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 57/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 24 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner : None

For the 2nd Party/Management : None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

NilII (ii) 4847 —

New Delhi, the 31st July, 2017

S.O. 1826.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 58/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/03/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 58/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Sri P. Charles

: 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/03/2017-IR (DU) dated 02.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Sri P. Charles, in seeking reinstatement with backwages with IIT (Madras), Chennai

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 58/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

4848 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 30 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner      :    None
For the 2nd Party/Management      :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

New Delhi, the 31st July, 2017

S.O. 1827.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 59/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/05/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 59/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)II (ii) 4849

BETWEEN :

Smt. R. Pappathi : 1st Party/Petitioner

AND

The Director : 2nd Party/Respondent Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/05/2017-IR (DU) dated 02.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Smt. R. Pappathi, in seeking reinstatement with backwages with IIT (Madras),

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 59/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 27 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner      :    None
For the 2nd Party/Management      :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

4850 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 31st July, 2017

S.O. 1828.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 60/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/06/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 60/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Smt. R. Rani

: 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/06/2017-IR (DU) dated 02.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Smt. R. Rani, in seeking reinstatement with backwages with IIT (Madras), Chennai

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 60/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 26 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding OfficerII (ii) 4851

Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

New Delhi, the 31st July, 2017

S.O. 1829.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 61/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/07/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 61/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Sri M. Ponnusamy : 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None
4852 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/07/2017-IR (DU) dated 02.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Sri M. Ponnusamy, in seeking reinstatement with backwages with IIT (Madras),

Chennai is legal and justified? If not, what relief the workman is entitled to?"

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 61/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 31 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

New Delhi, the 31st July, 2017

S.O. 1830.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 62/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/08/2017-IR (DU)]

RAJENDRA JOSHI, Dy. DirectorII (ii) 4853

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 62/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Smt. D. Padmavathi : 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner   :   M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent   :   None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/08/2017-IR (DU) dated 06.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Smt. D. Padmavathi, in seeking reinstatement with backwages with IIT (Madras),

Chennai is legal and justified? If not, what relief the workman is entitled to?"

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 62/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 32 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil4854 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] —

New Delhi, the 31st July, 2017

S.O. 1831.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 63/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/09/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 63/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)

BETWEEN :

Smt. C. Kolangi : 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner     :    M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent     :    None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/09/2017-IR (DU) dated 06.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Smt. C. Kolangi, in seeking reinstatement with backwages with IIT (Madras),

Chennai is legal and justified? If not, what relief the workman is entitled to?"

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 63/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

II (ii) 4855

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 25 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

New Delhi, the 31st July, 2017

S.O. 1832.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 64/2017) 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 Director, Indian Institute of Technology, Chennai and their workman, which was received by the Central Government on 21.07.2017.

[No. L-42012/10/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Thursday, the 13th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 64/2017

(In the matter of the dispute for adjudication under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947(14 of 1947), between the Management of Indian Institute of Technology and their workman)4856 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

BETWEEN :

Sri E. Suresh

: 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director Indian Institute of Technology Chennai-600036

Appearance :

For the 1st Party/Petitioner      :     M/s. S. Krishnasamy, Advocate
For the 2nd Party/Respondent      :     None

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/10/2017-IR (DU) dated 06.06.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of Sri E. Suresh, in seeking reinstatement with backwages with IIT (Madras), Chennai

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

2. On receipt of the Industrial Dispute this Tribunal has numbered it as ID No. 64/2017 and issued notices to both sides. On receipt of notice the petitioner has appeared through the counsel and the Respondent in person.

3. The counsel for the petitioner has filed memo stating that the petitioner has already filed ID 29 of 2017 under Section-2A of the ID Act claiming reinstatement and regularization and the same is pending before this Court and she is not interested in proceeding with this reference.

On the basis of the memo filed on behalf of the petitioner the ID is closed.

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 13th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

II (ii) 4857

New Delhi, the 31st July, 2017

S.O. 1833.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 11/2005) of the Central Government Industrial Tribunal-cum- Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the employers in relation to the Chief General Manager, Eastern Telephone Circle, BSNL, Hazratganj, Lucknow & Others and their workman, which was received by the Central Government on 05.05.2017.

[No. L-40012/170/2004-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 11/2005

Ref. No. L-40012/170/2004-IR(DU) dated 08.04.2005

BETWEEN :

Sri Dharmender Kumar S/o Sri Rajendra Prasad C/o Dhruv Narayan, Barral No.16, Gomati Bandh, Hanuman Setu Lucknow-1

AND

1. The Chief General Manager

Eastern Telephone Circle, BSNL, Hazratganj, Lucknow

2. The General Manager, Telecom Deptt.

O/O General Manager Gandhi Bhawan Lucknow-226001

AWARD

1. By order No. L-40012/170/2004-IR(DU) dated 08.04.2005 the Central Government in the Ministry of Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute between Sri Dharmender Kumar S/o Sri Rajendra Prasad Srivastava, Lucknow and the Chief General Manager/General Manager, BSNL, Lucknow for adjudication.

2. The reference under adjudication is:

"WHETHER THE ACTION OF THE MANAGEMENT OF GENERAL MANAGER

TASKFORICE/BUSINESS DEVELOPMENT, UP(EAST) CIRCLE TELECOM, BSNL, TELEPHONE

EXCHANGE GOMTINAGAR, LUCKNOW IN NOT REGULARISING THE SERVICES OF SRI

DHARMENDRA KUMAR S/O SRI RAJENDRA KUMAR SRIVASTVA, CASUAL LABOUR

DESPITE HAVING WORKED FROM 1.3.98 TO 31.3.2001 I.E. MORE THAN 240 DAYS AND

TERMINATING HIM IS JUST AND LEGAL? IF NOT, TO WHAT RELIEF THE WORKMAN IS

ENTITLED TO?"

3. As per claim statement A1-3 the workman has stated in brief that he was appointed as Despatcher on 1.3.98 under the subordination of opposite party and has worked on the said post continuously till 31.3.2001 and he had worked for more than 240 days in each calander year. The workman has further asserted that his services were terminated by an oral order on 31.3.2001, he went to the office on the next day to perform his duties but he was not allowed to work there, thereafter he has requested to his superior authorities to permit him to perform official duties but they did not heed to his request.

4. The workman has asserted that he has been paid on the basis of daily wages and more over while terminating his services he was paid for 21 days the sum of Rs.2646/ @ 126/ per day, earlier his employer was designated as General Manager, Task Force, UP (East Circle) Telecom Department, Gomti Nagar, Lucknow which was later designated as4858 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] General Manager (Business Development) UP East Circle, Gomti Nagar but this change did not effect his duties and had he been regularized, he would have continued working under the subordination of General Manager (Business Dev._ UP East Circle) Gomti Nagar, Lucknow. Five day week has been reported in the opposite parties office. It has been alleged that no prior notice for his dismissal/retrenchment was given, neither salary in lieu of notice was paid nor any retrenchment compensation was paid. Moreover no reason was assigned for his dismissal. The workman has submitted that he had moved application for his reinstatement and regularization etc. before CAT, Lucknow through O.A. No. 305/01 which was later on withdrawan so as to move before competent authority. Thereafter he approached the ALC ( C ), Lucknow under section 2A of the I.D. Act. but the matter could not be resolved, thereafter it was referred to this Tribunal. The workman has elaborated his day to day working performed by him in his employment such as making entry in the dispatch register, and other collateral duties. The opposite party has submitted a chart pertaining to his employment before the CAT, Lucknow which has revealed that since March 1998 to Nov.1998 he had worked for 150 days. Further movement register, incoming and out coming file register other documents pertaining to his duties have also been mentioned in the claim statement. The workman has further referred certain document which were dealt by him during his employment in the period w.e.f. Oct.1999 to Nov.2000, Dec.1998 to April 1999, May 2002 to August 2000 etc.,. Several other documents pertaining to the year 1999, 2000, 2001 have also been referred by the workman. When the workman came to know that his name was not entered in the A.C.G. Receipt Book. he submitted an objection to it but he was informed that he has been regularly paid for the work done by him, therefore he should not worry.

5. The workman has further alleged that certain entries were forged in official documents and payment was made in the name of some other persons. The workman has asserted that if relevant documents such as dispatch register and other registers are summoned from the office of the opposite party, his version would get corroborated.

6. The workman has alleged that Chief General Manager's letter dated 19.7.99, and 16.3.2000 etc. have not been complied with, otherwise he should have been provided "Temporary Status" but he was unduly deprived of his regularization and subsequent service benefits. The workman has alleged that his total employment-days have exceeded more than 240 days even then directions of the Hon'ble Supreme Court and Hon'ble High Court have not been complied with, Section 25F of the I.D. Act is attracted in this case and unfair labour practice was adopted by the opposite party. He has further alleged that 86 other casual laborers were granted temporary status but this benefit was not given to the petitioner workman. With the aforesaid pleadings the workman has requested for his reinstatement with all consequential benefits and grant of temporary status etc.

7. The management filed Written Statement M-12 dated 19.9.2005, wherein allegation leveled by the workman have been denied. The opposite party has submitted that in case of exigencies the petitioner might have been employed as casual labour for short duration only. No appointment letter was ever issued by the competent authority and the documents referred in para 10 of the claim statement have also been rebutted. Several alleged orders relate to very old period and it is very difficult task to search the concerned original papers. Opposite party has further asserted that the workman was made payment for the work done by him and his signature were obtained on the relevant documents, and "Receipt Stamp" was also affixed for that purpose. It has been emphasized in the written statement that the petitioner was not qualified for grant of temporary status. The aforesaid pleadings the management has requested to dismiss the claim statement.

8. Several documents have been filed by the management as per list M-13/4.

9. While denying the facts mentioned in the written statement, the workman has filed rejoinder W-22, reiterating the pleas taken in the claim statement. The workman has moved an application W-23 seeking direction from the Court for summoning the documents from management's office as mentioned therein. The opposite party has moved an affidavit M-28 along with certain certified photo copies.

10. The workman has filed his affidavit W-44 as evidence. He was thoroughly cross-examined on behalf of the management.

11. The management has filed an affidavit M-50 of Accounts Officer Sri Sabu Ram Prajapati, he was thoroughly cross examined on behalf of the workman.

12. Arguments of both the parties have been heard at length and the record has been scanned.

13. Learned AR of the workman has relied on the following prouncement;

2005(104) FLR, M.Kasturi V/s Sr. Dy. Director General, BSNL, Page 462 Hon'ble Andhra Pradesh

High Court.

14. Heard learned authorized representative of the workman at length and perused the record available on file.

II (ii) 4859

15. The learned authorized representative of the workman submits that the petitioner had been engaged by the opposite party management w.e.f. 01.03.98 on the post of dispatcher and worked as such till 31.03.2001, continuously, when his services had been terminated orally without assigning any reason or any notice pay in lieu thereof or any retrenchment compensation; whereby the action of the management was in utter violation of the provisions contained in Section 25 F of the I. D. Act, 1947. It had also been asserted by the workman that he had worked for more than 240 days in each calendar year and was paid Rs. 2646/- for 21 days' working @ Rs. 126/- per day at the time of his alleged date of termination. The workman also contended that in compliance of CGM, UP (East), Telecom Circle, Lucknow's letter dated 19.07.1999, the opposite party was required to forward names of all the casual workers, working with them, but the opposite party failed to forward the name of the workman who was working since 01.03.1998, which resulted into non-grant of temporary status to the workman; and the same amounts to unfair labour practice.

16. In rebuttal the opposite party did not turn up to argue its case before this Tribunal in spite of ample opportunities has been extended to it. From perusal of the order sheet, it reveals that the opportunity of the management to get its witness cross-examined had been closed vide order dated 09.08.2011; but the same had been recalled vide order dated 01.05.2012. Thereafter, the case kept lingering at one pretext or other for non-appearance of management witness for cross-examination before this Tribunal, which led to another order dated 17.12.2012; whereby the opportunity of the management to get its witness cross-examined was closed by my learned predecessor, and 04.02.2013 was fixed for argument, in the presence of authorized representative of the opposite party.

The authorized representative of the management did not turn up on 04.02.2013; nor moved any application to recall the order dated 17.12.2012 nor moved any application seeking adjournment on 04.02.2013. Thereafter, the authorized representative of the management did not put up his appearance on dozens of dates fixed in the case; however, suddenly he made his appearance on 09.10.2015. The authorized representative of the management again showed his reluctance towards proceedings and remained absent on various dates and finally, the case was heard, in the absence of A/R of the management on and was reserved for award.

17. I have scanned entire evidence available in the file, documentary as well as oral, in light of the rival pleadings of the case.

18. At the very outset of the case, it is noteworthy to mention here that the contents of the written statement dated 19.09.2005, paper No. A-12/1 to A-12/6, filed by the opposite party, under signatures of the Divisional Engineer (AHQ), is neither verified by the Divisional Engineer (AHQ) nor the same is being supported with an affidavit; whereby making it legally not tenable and cannot be read as pleading in rebuttal to the statement of claim of the workman. Further, the management filed M-50, affidavit of Sri Saabu Ram Prajapati, Accounts Officer, in support of its pleadings; but failed to produce him for cross-examination by the workman, hence the same cannot be read in support of the so called pleading of the management. Accordingly, the case stands without any pleading on behalf of the management in rebuttal to the pleadings/statement of claim by the workman. Resultantly, the pleadings of the workman are unrebutted in the present case. Hon'ble High Court, Allahabad in Gyanendra Pal Singh & others Vs. Cane Commissioner & others 2009 (123) FLR 201 has observed as under:

"6. Since no counter affidavit has been filed till date, the ground taken in the writ petition are taken to be

correct in view of the decisions rendered in Choksi Tube Company Limited v. Union of India, Naseem Bano

v. State of U.P. and others."

In the instant case the workman has filed affidavit in support of his claim and had duly been cross-examined by the authorized representative of the opposite party. Hon'ble Apex Court in State of U.P. Vs.. Sheo Shanker Lal Srivastava & others (2006) 3 SCC 276 has held that "the statement of the witness, having not been controverted would be deemed to be admitted."

19. Accordingly, in light of the law laid down by the Hon'ble High Court and Hon'ble Apex Court, there is no ground to disbelieve the pleading made by the workman in his statement of claim. The workman has come up with a case that he had been engaged by the opposite party management w.e.f. 01.03.98 as casual labour on the post of dispatcher and worked as such till 31.03.2001, continuously; and his services had been terminated orally without assigning any reason or any notice or any notice pay in lieu thereof or any retrenchment compensation, in violation of the provisions of Section 25 F of the Industrial Disputes Act, 1947.

It is also the case of the workman that since he had completed 240 days in each calendar year and was in employment of the opposite party when a scheme for grant of temporary status was introduced in the opposite party management, therefore he is also entitled for grant of temporary status. In this regard he has placed reliance over M. Kasturi Vs.. Senior Deputy Director General, BSNL, N. Delhi & others 2005 (104) FLR 462 wherein it has been observed that as per clauses 4 and 5 of the Casual Labourers (Grant of Temporary Status and Regulation) Scheme,4860 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 1989, in respect of casual labourers of Department of Telecom, grant of regular status in Class-IV/temporary status, had to be conferred on casual labourers who were in employment as on the date of the commencement of the 1989 Scheme and who had completed 240 days of work by the relevant date as required by the Scheme, which was last extended vide order dated 14.08.1998, providing for temporary status to casual labourers working as on 01.08.1998. In the instant case, the workman has come with a specific case that he had been engaged since 01.03.998 and had been paid for 21 days in each month; hence total working preceding the cut of date of the Scheme i.e. 01.08.1998 comes to 105 days only.

20. Hon'ble Allahabad High Court in State of U.P. Vs.. Mahendra Pal Singh & another 2012 (2) ALJ 325 while scrutinizing the validity of the award of the Labour Court found that the findings of the Labour Court were not perverse; wherein the Labour Court drawn out a finding that the workman had continuously worked for more than 240 days in calendar months prior to termination of his services; and the termination of services was without any notice and without payment of retrenchment compensation; and accordingly, Hon'ble High Court held that the relief of reinstatement with 60% of back wages, awarded by the Labour Court was justified. Hon'ble High Court in para 47-50 of its judgment, has referred decision of Hon'ble Apex Court in Krishan Singh Vs.. Executive Engineer, Haryana State Agricultural Marketing Board, Rohtak (Hayana) (2010) 3 SCC 637: (AIR 2010 SC (Supp) 787 as under:

"47. ........….. the appellant worked as a daily wager under the respondent from 1.6.1988. His services were terminated in December, 1993. He served a notice of demand dated 3012.1997 on the respondent contended that his services were terminated orally without complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and that he may be reinstated in service with full back wages from the date of illegal termination and he may be regularized according o the Government policy. The respondent did not respond to the demand made by the appellant and by and order dated 23.7.1999, the State Government referred the dispute under Section 10 of the Act to the Labour Court. Thereupon the Labour Court passed the award dated 18.7.2006 holding that the appellant had admittedly completed 267 days from 1.6.1988 to 30th April, 1989 and his services were terminated without any notice or notice pay and without payment of retrenchment compensation and the termination was, therefore, in violation of Section 25-F of the Act and the appellant was entitled to be reinstated in his previous post with continuity of service and 50% back wages from the date of demand notice i.e. 30.12.1997.

48. The respondent challenged the award of the Labour Court before the High Court of Punjab and

Haryana, in writ petition and by order dated 9.12.2008, High Court allowed the said writ petition and set

aside the award dated 18.7.2006 of the Labour Court and directed the respondent instead to pay

compensation of Rs. 50,000/- to the appellant. Aggrieved by order dated 9.12.2008 of the High Court, the

appellant filed appeal before the Apex Court. By placing reliance upon earlier decision rendered by the

Apex Court in the case of Harjinder Singh (supra),l allowed the appeal and set aside the impugned order

dated 9.12.2008 passed by the High Court and directed that the appellant will be reinstated as a daily wager

with 50% back wages forthwith.

49. While dealing with the question of discretionary powers of the Labour Court, in para 17 of the

decision, Hon'ble Apex Court has observed as under:

"17. Wide discretion is, therefore, vested in the Labour Court while adjudicating an industrial

dispute relating to the discharge or dismissal of a workman and if the Labour Court has exercised its

jurisdiction in the facts and circumstances of the case to direct reinstatement of a workman with 50%

back wages taking into consideration the pleadings of the parties and the evidence on record, the High

Court in exercise of its power under Articles 226 and 227 of the Constitution of India will not interfere

with the same, except on well settled principles laid down by this Court for a writ of certiorari against

an order passed by a court or a tribunal."

50. In the said case while drawing distinction between the cases of this nature and State of Karnataka Vs..

Umadevi (2006) 4 SCC 1 : (AIR 2006 SC 1806 SC 1806) in para 22 of the said decision Hon'ble Apex Court

held as under:

22. The decision of this Court in State of Karnataka v. Umadevi (3) cited by the counsel for the

respondent relates to regularization in public employment and has no relevance to an award for

reinstatement of a discharged workman passed by the Labour Court under Section 11-A of the Act

without any direction for regularization of his services."

Moreover, Hon'ble Apex Court in Bhuvanesh Kumar Dwivedi Vs. M/s. Hindalco Industries Ltd. 2014(142) FLR 20; wherein it awarded reinstatement with full back wages to the appellant while dealing with the case of allegedII (ii) 4861 contravention of Section 6-N of the U.P. I.D. Act which is in similar to Section 25 F of the I.D. Act has observed as under:

"28. Section 6-N of the U.P. I.D. Act which is in pari materia to s. 25 of the I.D. Act reads thus:

"6-N. Condition precedent to retrenchment of workmen.- No workman employed in any industry

who has been in continuous service for not less than one year under an employer shall be retrenched

by that employer until, -

(a) ………………

(b) ……………..

(c) ………………

Evidently, the above said mandatory procedure has not been followed in the present case. Further, it

has been held by this Court in the case of Anoop Sharma Vs.. Executive Engineer, Public Health

Division No. 1, Panipat, as under:

13…………no workman employed in any industry who has been in continuous service for not less than one year under an employer can be retrenched by that employer until the conditions enumerated in |Clauses (a) and (b) of the section 25-F of the Act are satisfied. In terms of Clause (a), the employer is required to give to the workman one month's notice in writing indicating the reasons for retrenchment or pay him wages in lieu of the notice. Clause b) casts a duty upon the employer to pay the workman at the time of retrenchment, compensation equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. This Court has repeatedly held that section 25-F(a) and (b) of the Act is mandatory and non-compliance thereof renders the retrenchment of an employee nullity……………………….. This Court has used different expressions for describing the consequences of terminating a workman's service/employment/engagement by way of retrenchment without complying with the mandate of section 25-F of the Act. Sometimes it has been termed as ab initio void, sometimes as illegal per se, sometimes as nullity and sometimes as non est. Leaving aside the legal semantics, we have no hesitation to hold that termination of service of an employee by way of retrenchment without complying with the requirement of giving one month's notice or pay in lieu thereof and compensation in terms of section 25-F(a) and (b) has the effect of rendering the action of the employer as nullity and the employee is entitled to continue in employment as if his service was not terminated."

Therefore, in the light of the law provided in the I.D. Act and its State counterpart through the U.P.I.D. Act

and also on the basis of the legal principle laid down by this Court, we hold that the termination of services

of the appellant was illegal and void ab initio.

29. Therefore, in the Labour Court was correct on factual evidence on record and legal principles

laid down by this Court in catena of cases in holding that the appellant is entitled to reinstatement with

all consequential benefits."

21. Therefore, in view of the facts and circumstances of the case, law cited and discussions made hereinabove, I am of considered opinion that the workman's services had been terminated by the opposite party management, in violation of the provisions contained in the Section 25 F of the Industrial disputes Act, 1947; without any notice or notice pay in lieu thereof or any retrenchment compensation; however the workman did not prove completion of 240 days' working on the cutoff date of the Casual Labourers (Grant of Temporary Status and Regulation) Scheme, 1989 i.e. 01.08.1998 to make him eligible for grant of temporary status. Accordingly I come to the conclusion that the workman is entitled for reinstatement with continuity in service along with 60% of back wages within ten weeks of publication of the award, failing which; the back wages shall carry simple interest @ 6% per annum.

22. The reference is answered accordingly.

LUCKNOW 26th April, 2017

RAKESH KUMAR, Presiding Officer4862 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] —

New Delhi, the 31st July, 2017

S.O. 1834.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 117/2011) of the Central Government Industrial Tribunal-cum- Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the employers in relation to the General Manager, Telecom Deptt. through Sub-Divisional Engineer (Legal) BSNL, Lucknow and their workman, which was received by the Central Government on 30.06.2017.

[No. L-40011/15/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 117/2011

Ref. No. L-40011/15/2011-IR(DU) dated 20.09.2011

BETWEEN :

Sri Parvej Alam, Divisonal Org Secretary Uttar Railway Karmchari Union,283/63 Kha Garhi Kanaora (Premvati Nagar) PO:Manak Nagar Lucknow (U.P.)226001

AND

1. The General Manager, Telecom Deptt.

Through Sub-Divisional Engr.(Legal) BSNL O/o General Manager, Telecom, Gandhi Bhawan Lucknow-226001

AWARD

1 By order No. L-40011/15/2011 IR(DU) dated 29.09.2011 the Central Government in the Ministry of Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute between Sri Parvej Alam, Divisional Org. Secretary, Uttar Railway Karmchari Union, Lucknow and the General Manager,Telecom Deptt. through Sub-Divisional Engineer(Legal), Lucknow for adjudication.

2. The reference under adjudication is:

"WHETHER THE DEMAND OF NORTHERN RAILWAY EMPLOYEES UNION FROM THE

MANAGEMENT OF GENERAL MANAGER, TELECOM, BSNL, LUCKNOW FOR

REGULARIZATION OF SERVICES OF SRI VISHRAM S/O SRI DINANATH FROM THE YEARS

1992-93, IS LEGAL AND JUSTIFIED?" WHAT RELIEF THE WORKMAN IS ENTITLED TO?"

3. As per the claim statement W3, the petitioner has stated in brief that the workman Sri Vishram was appointed on the post of gardner in January 1991 under the subordination of opposite party management, and is still working there but his services were unauthorisedly terminated in January 1992, being aggrieved he moved Hon'ble CGIT, Kanpur in I.D. 90/1996 and Award dated 27.7.2015 was adjudicated in his favour. The management filed writ petition before Hon'ble High Court, Lucknow Bench, Lucknow against the said award but the Writ petition no.2420(MS)/2006 movedII (ii) 4863 by the opposite party which was dismissed on 15.5.2006, thereafter in compliance of the order of the Hon'ble Court he was reinstated by the management vide letter dated 8.5.2007.

4. The workman has submitted that although he has been working for more than 240 days yet his services were not regularized since Jan.1992 which is violative of I.D. Act., it is clear cut unfair labour practice. The petitioner has stressed that he has been working since Jan.1991, even then several other junior employees to him have been regularized in the year 1992-93 , and petitioner's legal rights have been infringed. With the aforesaid pleadings, request has been made for petitioner's regularisation since the year 1992 with all consequential benefits and to give him due seniority as well.

5. As per list W-4 several documents have been filed.

6. The management in its written statement M-7 has admitted the order dated 2.12.1997 passed by CGIT, Kanpur and has submitted that the employee has been reinstated vide letter dated 16.6.2000 as casual labour, on the same status at which he was prior to his removal. The opposite party has asserted that the matter of petitioner for regularization has been sent to the BSNL, Head Office, New Delhi through letter dated 23.6.2003 other letters dated 16.6.2000, 13.2.2003 and 2.11.2006 have also been referred in the written statement.

7. The opposite party has emphasized that the petitioner had received an amount of Rs.133527/- on 18.12.2006 and sum of Rs.208508/- as arrears against the back wages w.e.f. 11.1.1992 to 26.6.2006, and in furtherance of this development petitioner's prior applications have been closed on 18.5.2007 and 8.8.2007 respectively. The employee was required to submit his affidavit that during the period of his retrenchment, he was not employed elsewhere but he failed to give such an affidavit, therefore proceedings were closed by the RLC ( C ) Lucknow. The management has requested to dismiss the claim statement with heavy cost. Several documents have been annexed with written statement.

8. With strong denial of the contrary facts mentioned in the written statement, rejoinder W-8 has been filed by the petitioner, reiterating the facts mentioned in the claim statement. Certain documents have again filed by the workman as per list W-9.

9. The petitioner has filed his affidavit W-10 in evidence, he has been thoroughly cross examined on behalf of the management. The opposite party has filed affidavit of Sri Dhanpat Lal, SDE(HRD) as M-19. He has been cross examined on behalf of the workman.

9A. Arguments of both the parties have been heard at length and record has been scanned thoroughly.

10. It is an admitted fact to both the parties that the workman Sri Vishram is an employee under the subordination of the opposite party, and Hon'ble CGIT, Kanpur has adjudicated the Award dated 2.12.1997. It may be quite pertinent to mention here that the order passed by Hon'ble High Court in this regard has not been mentioned by the opposite party, neither its copy has been filed, despite the fact that Writ Petition 2420(MS)/2006 allegedly filed by the management before Hon'ble High Court, Lucknow Bench, Lucknow has been mentioned in the claim statement and photo copy of the order dated 15.5.2006 has also been annexed by the workman.

11. Learned AR for the management has submitted that the locus standi of the alleged Northern Railway Employees Union is invalid and therefore doubtful. Further it has been emphasized by the management that in compliance of the directions given by CGIT, Kanpur the employee has been reinstated and his dues and arrears have been paid to him, matter for his regularization has been recommended to the Head Office but the petitioner workman has unnecessarily entered into further litigation.

12. The management has filed photo copy of letter dated 13.2.2003 regarding regularization of "left out casual labourers." Another letter dated 8.5.2007 regarding reinstatement alongwith back wages and consequential benefits has also been filed by the opposite party. Further an important document is paper no. W-9/14, which is letter No.269-94/98- STN-II/Pers IV (Vol.III)/UP(E) dated 10.10.2003 addressed to CGM, BSNL,Lucknow sent by the BSNL, Corporate Office, New Delhi. This letter has no where been denied by the management. Even during arguments learned AR for the opposite party did not express any doubt over the authenticity and veracity of the letter dated 10.10.2003. Following abstract of the aforesaid letter dated 10.10.2003 is quite crucial:

"This office has further scrutinized the detailed information sent by your office for the remaining cases

and further 17 (Seventeen) TSMs/CLs (Sr.No.6,7,11,12,118 and 127 to 138) have been found to be

eligible for regularization at this stage. 3 cases ( Sl.No.50,66 and 122) are under consideration being

CGA appointment. For the remaining 26 cases some additional information is required for processing

the cases further.

4864 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

2. Accordingly, approval of the Competent Authority is hereby conveyed for following:-

(i) (GM,U.P (East) Telecom Circle is further authorized to create upto 17 (Seventeen) numbers of post

of RM to regularize the eligible TSMs/CLs. If required after adjusting all the vacant post of RM in the

Circle. The circle's ceiling limit will stand enhanced to this extent. These regularized employees will be

BSNL, employees.

(ii) CGM is also authorized to grant age relaxation as required in individual cases for the purpose of

regularization as per rules."

13. The name of the petitioner has been mentioned at Serial Number 7 of Proforma-I.

14. Learned AR for the workman has relied upon the following prouncements:

1. 2005(104) FLR, J.H.Jadhav Vs. M/s Forbes Cokaka page no.1005.,Hon'ble Supreme Court

2. 1965 (11) FLR, 53, Hon'ble Supreme Court.

3. 1970 (20) FLR, 157 Hon'ble Supreme Court.

15. Learned AR for the management submits that the above Rulings do not apply to the present dispute.

16. Learned AR for the management has referred the following citations:

1. Civil Apeal No.1861-2063/2001 etc. State of Karnataka Vs. Umadevi and others judgment dated

10.4.2006, Hon'ble Supreme Court.

17. Learned AR for the workman asserts that the above citation has propounded an important principle but that does not apply to the matter in issue.

18. After having heard the intellect arguments of both the learned ARs and perusal of the record in the light of the pronouncement of Hon'ble Supreme Court, it is inferred that the letters dated 13.2.2003 and 10.10.2003, which have no where been denied by the management, can not be ignored. Despite the recommendations made by the office of CGM, BSNL, Lucknow on 13.2.2003, the inaction or slackness of the subordinate officers although letter dated 10.10.2003 has been issued by BSNL, Corporate Office, New Delhi to CGM, BSNL, Lucknow can not be appreciated. It reflects sheer slackness and negligence of the concerned officers that no proper decision has apparently been taken during the last more than 13 years. The matter has been adjudicated in favour of the workman by CGIT-cum-Labour Court, Kanpur and thereafter the writ petition filed by the management has also been dismissed by the Hon'ble High Court, Lucknow. The orders passed by the Hon'ble High Court and Hon'ble CGIT-cum-Labour Court have not been followed by the management in true spirit. The advice/direction given by the BSNL, Corporate Office, New Delhi has also not been adhered to, by subordinate office.

19. Hence it is inferred that the demand regarding regularization of services of Sri Vishram from the relevant date is quite legal and justified. The management is directed to regularize the petitioner workman from due date with all consequential benefits, taking into account his seniority as well, within 10 weeks from the date of notification of the award, failing which the management shall pay interest @ 6% per annum to the workman.

20. Award as above.

LUCKNOW 13.06.2017

RAKESH KUMAR, Presiding Officer —

II (ii) 4865

New Delhi, the 31st July, 2017

S.O. 1835.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 23/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Lucknow as shown in Annexure, in the industrial dispute between the employers in relation to the Chief General Manager, Telecommunication, East Lucknow, The Principal General Manager, Lucknow and their workman, which was received by the Central Government on 30.06.2017.

[No. L-40012/72/2003-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 23/2004

Ref. No. L-40012/72/2003-IR(DU) dated 20.01.2004

BETWEEN :

Sri Jagroop Yadav S/o Sri Ram Manohar Yadav 278, Chowdhary Ka Purva, Mauja Jamin Husenabad PO Subheha (Hedergarh) Barabanki (U.P.)

AND

1. The Chief General Manager,

Telecommunication, East, Lucknow The Principal General Manager Pee Kay Bhawan Lucknow-22600

AWARD

1. By order No. L-40012/72/2003-IR(DU) dated 20.01.2004 the Central Government in the Ministry of Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute between the Sri Jagroop Yadav S/o Sri Ram Manohar Yadav, Barabanki and the Chief General Manager, Telecommunication, East, Lucknow, The Principal General Manager, Pee Kay Bhawan, Lucknow for adjudication.

2. The reference under adjudication is:

"WHETHER ACTION OF MANAGEMENT OF CHIEF GENERAL MANAGER, BSNL, LUCKNOW

IN VERBALLY TERMINATING THE SERVICES OF SRI JAGRUP YADAV S/O SRI RAM

MANOHAR YADAV, CASUAL WORKMAN W.E.F. 14.07.2000 IS LEGAL AND JUSTIFIED? IF

NOT TO WHAT RELIEF THE WORKMAN IS ENTITLED?"

3. As per the claim statement W-3 the petitioner has stated in brief that he has been working as casual labour under the subordination of opposite party office, SDE(Phones) Gomti Nagar, Lucknow since 09.05.1995 to 13.07.2000 with sincerity and honesty and in every calendar year he had worked for more than 240 days, his carrier has been blotless and no charge sheet was ever given to him. The petitioner has stated that before termination of his services he was being paid Rs.2500/- per month, certificate dated 06.06.1996 signed by Sri G.N. Pandey, JTO was given to him mentioning therein that he had been working as casual labour for the last one year and his responsibility honesty and diligent worker.

4. The workman has referred another certificate dated 31.12.1996 given by SDO (Phones) regarding work done by him since 9.5.1995 to Dec.1996. Further details for the other duration have also given in the sub paras of para 7 of the claim statement. Payment received by the workman mentioned in sub paras of para 8. The petitioner has asserted that identity card was also issued to him and he was required to perform the duty of office peon. As per direction of his superior authorities. Vide memo dated 10.2.2000 and 21.3.2000 issued by Chief General Manager, Phones, East circle Lucknow, 74 and 86 labours were provided temporary status w.e.f. 12.2.1999. Several other instances have also been given by petitioner in para 11,12 etc. of the claim statement.

5. The workman has stressed that more than 61 labours junior to him were employed in establishment at the time of termination of his services. Representation was given by the workman but it was not dul6y considered he filed O.A.

4866 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

414/2000 before CAT, Lucknow order dated 23.11.2001 was passed by the CAT, Lucknow but no relief was given to the workman on the alleged false ground that the workman has not worked in any financial year for 240 days. Before termination of service no prior notice was given, retrenchment compensation salary in lieu of notice was also not paid and he has employed since 5.9.2000. Violation of Section 25 F,G, of the I.D. Act. have been alleged by the petitioner. With the aforesaid pleadings the workman has prayed for reinstatement with full back wages and consequential benefits as well as grant of temporary status w.e.f. 10.2.2000.

6. The workman has filed several documents as per list C-5.

7. The management with strong denial of the allegations made in the claim statement has filed written statement M-12. The management has submitted that as jkper the directions of the CAT, Lucknow representation given by the workman was disposed of in accordance with Rules. The opposite party has asserted that the workman has never completed 240 days in any financial year from 1995 to 1996, 2000-2001. Contempt filed by the workman was dismissed by the CAT vide order dated 4.11.2002.

8. It has been admitted by the opposite party that the workman has engaged as casual labour only for 12 days in June 1997 and theeafter 31 days in Oct.1997 his engagement was 12 days as such he was never completed 240 days in any financial year. Therefore question of grant of temporary status and his regularization has never arisen upto Oct. 1997, the workman has worked for 31 days only. The opposite party has alleged that the petitioner has fabricated and manipulated some documents for his own illwill and those documents can not be relied upon which are incorrect. After approaching the CAT the petitioner should not have moved this Tribunal, order passed by the CAT no relief further b e granted to the workman. The petition of the workman has been claimed highly time barred. The opposite party has requested to dismiss the claim statement with heavy cost. Copy of order passed by CAT alongwith other documents have been annexed by the opposite party with written statement.

9. With strong denial of the contrary facts given in the written statement, rejoinder W-13 has been filed by the workman, reiterating the pleas taken in the claim statement.

10. The workman has filed certain documents as per list C-21. Further affidavit A-23 alongwith annexure has also been filed by the workman.

11. The petitioner examined himself in evidence. He was thoroughly cross examined on behalf of the management.

12. The opposite party has filed affidavit A-43 of Sri K.D. Tripathi, Sr.SDE and another affidavit M-45 of Sri G.N. Pandey, SDE. Both the witness have been cross examined on behalf of the workman.

13. Hand writing expert report W-65 has been filed by the workman. Affidavit W-69 was filed by the Hand Writing Expert and he has been cross examined on behalf of the management.

14. Arguments of learned ARs of both the parties have been heard at length. Record has been scanned thoroughly.

15. Learned AR for the workman has submitted that the petitioner workman has been working as casual labour/peon since 9.5.95 to 13.7.2000, with sincerity deligant and honesty, even then services were orally terminated without assigning any reason. So called details of duty chart and experience certificate have also been emphasized by the workman. Learned AR for the opposite party while strongly refuting the pleas taken by the workman, asserts that the petitioner has never completed 240 working days in any financial year, there was no question of grant him temporary status or regularization of service.

16. In O.A. 414/2000, Jagroop Yadav and others Vs. Union of India and others Hon'ble CAT, Lucknow has observed in its order dated 23.11.2001, that detailed representation alongwith all the documents in support of their name, shall be filed by the applicant before the management within one month and the management shall after verifying and correctness and genuineness of the documents passed appropriate orders on the said representation within six months. Copy of the order passed by the Hon'ble CAT, Lucknow has been annexed by the management with affidavit M-12/9, as M-12/10. Further letter dated 20.9.2002 addressed to the petitioner, has been filed as M-12/13 where in following material has been mentioned;

"It has been found that the certificates and ACG-17, enclosed with your representation in support of

your claim, are not authentic. The concerned officers have denied issuance of such certificates. As per

office records regarding actual working days you have not completed 240 days in any financial year i.e.

1995-96 to 2000-2001.

17. The workman in his cross examination (A-37), has admitted that the contempt petition filed by him(regarding order of Hon'ble CAT) has been dismissed. So called certificates issued by BSNL authorities have been referred by him, but on page 7 he has admitted that on the referred voucher etc. the paying officer and the disbursing officer have no signed neither counter signed. On page 9 he has admitted that neither any appointment letter was issued nor any dismissal letter was given to him.

II (ii) 4867

18. The management has filed affidavits of Sri K.D. Tripathi. Sr.SDE and Sri G.N. Pandey, SDE, both the witnesses have been cross examined. Sri K.D.Tripathi in his cross examination has specifically asserted that the petitioner was not engaged in the period from 9.5.95 to 12.7.2000 neither any salary was paid. On the alleged document A1/22 and 22/3 to 23/10, signatures have been denied and further explained that the witness does not know who had signed on those documents. Similarly signature on documents C-5/8, C-5/16 to 5/77 have been denied by the witness.

19. Other witness Sri G.N. Pandey has also asserted in his cross examination that the petitioner has never worked under his subordination, moreover signature on document A1/22, 22/2 to 22/10 and C-5/6 to C-5/75 have been denied. The witness has replied in his cross examination that he does not know who has signed on these documents.

20. Under such circumstances the authenticity of the documents relied upon by the petitioner is doubtful. Moreover so called Identity card A1/22 (2 I. Cards) in originals have been filed by the workman) do not bear any official embalm of the BSNL department or Govt. of India, or any other authentic seal. Only seal having designation of JTO and SDE have been affixed on the so called identity card. Normally Central Government office and Central Government Company do not issue such type of identity card. This fact carries much weight in the light of the evidence adduced by the management before this Court, only duty chart and certificates regarding working days have been clearly denies.

21. Only evidence regarding so called signatures is Hand Writing Expert Report W065 filed by the petitioner before this Tribunal. Hand Writing Expert Sri Satish Dayal has thoroughly cross examined on behalf of the management. It may be quite pertinent to mention here that the above Expert is not a Govt. Expert, neither he has worked in any Govt. Labs. Whether his experience as Hand Writing Expert has aver been recognized by Central Government or State Govt., has also not been duly informed to this Tribunal/Court. It is settled law that the Hand Writing Expert Report in the absence of any cogent evidence does not have binding. The fact of varacity in the alleged signatures, has been thoroughly confronted by Learned AR of the management in the cross examination, Therefore, only on the basis of Hand Writing Expert Report the version taken by the workman, can not be blindly believed.

22. The fact whether the workman had worked for more than 240 days in the preceeding one year, from the relevant date, has to be determined on the basis of cogent reliable evidence. This material fact can not be ignored under such circumstances. Principles laid down by the Hon'ble Supreme Court in the following cases is quite material but it is not legally or factually possible to give any benefit to the workman, in the alleged evidence adduced by both the Tribunal;

1. (2002), 3 SCC, R.F.O. Vs.. S.T. Hadimani Page 25.

2. (2005), 8 SCC, Surendra Nagar District Panchyat Vs.. Jetha Bhai Pitambarbhai Page 450.

3. (2006) 1, SCC, R.M.Yellati Vs. Executive Engineer, Page 106.

4. (2010) 1 SCC (L&S) Jagbir Singh Vs. Haryana State Agriculture Board, page 545.

23. After having heard the intellect arguments of both the parties at length and perusal of the record in the light of the pronouncements laid down by Hon'ble Supreme Court, it is inferred that the question of oral termination of service of the petitioner w.e.f. 14.7.2000 can not be adjudicated in favour of the petitioner. There was no illegality or irregularity in the alleged order if any passed by the management. The petitioner is not entitled to any relief.

24. Award as above.

LUCKNOW 14.06.2017

RAKESH KUMAR, Presiding Officer —

New Delhi, the 31st July, 2017

S.O. 1836.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 65/2012) of the Central Government Industrial Tribunal-cum-4868 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] Labour Court, Lucknow as shown in Annexure, in the industrial dispute between the employers in relation to the Balaji Securities Services, Aliganj, Lucknow & Others and their workman, which was received by the Central Government on 08.06.2017.

[No. L-42025/03/2017-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 65/2012

BETWEEN :

Sri Ram Gopal Yadav S/o Sri Ram Naresh Yadav Through Sri Om Narain Sahu, F-3351, Rajajipuram, Lucknow

AND

1. The Balaji Securities Services, Section C-4 C Aliganj, Lucknow,

2. Reliance Infocom Ltd.

2nd Floor Magnum Plaza Eldeco Green, Gomti Nagar Lucknow

AWARD

1. The workman has filed present petition under section 2A of the I.D. Act. 1947 (14 of 1947), as Ram Gopal Yadav S/o Sri Ram Naresh Sahu F-3351, Rajajipuram, Lucknow and the Balaji Securities Ltd., C-4, Aliganj, Lucknow/Reliance Infocom Ltd. 2nd Floor Magnum Plaza, Eldeco Green, Gomti Nagar, Lucknow for adjudication.

2. As per the claim statement W-1, the workman has stated in brief that opposite party no.1 Balaji Securities Services has employed him to work under the management and subordination of opposite party no.2 since 29.03.2004, and he has worked continuously without any break although the employer did not issue any appointment letter. The petitioner has claimed that his work and conduct has always been satisfactory and there was no complaint in this regard, moreover he has worked for more than 240 days in each year but unfortunately during duty hours and on account of performance of his sincere duty his eye sight was adversely affected, he became blind and disabled consequently. The employer did not pay any compensation to him and orally retrenched him to not perform his duty w.e.f. 21.07.2015.

3. The workman has asserted that he has worked for more than 240 days in each and every year, Provident Fund was also deducted from his salary regularly even then no prior notice before termination of his services was given neither any pay in lieu of notice nor retrenchment compensation was paid to him. The management has adopted unfair labour practice and petitioner's rights have been infringed illegally. Government's notification dated 04.11.2004 has been referred by the petitioner and violation of Section 25F of the I.D. Act., has been alleged in the claim statement, Provident Fund deduction was duly deposited by opposite party no.2 i.e. Reliance Infocom Ltd. in the relevant code, yet the petitioner was not treated its employee. Conduct of the management has been improper and illegal. With the aforesaid pleadings the petitioner has prayed to declare the service termination order as improper and illegal, further request has been made for his reinstatement with all the salary benefits etc., taking into account his continuity of service. Photo copy of the contract appointment, Ration Card, Aadhar Card etc., has been enclosed with the claim statement.

4. The opposite party no.2 has filed written statement M-7 dated 28.12.2012 wherein it has been specifically pleaded that there was no relationship of employee and employer between the applicant and opposite party no.2, the petition is barred by limitation as prescribed by Section 2A(3) of the I.D. Act., the said accident has been denied in the written statement and the management has submitted that question of any compensation does not arise. The management of opposite party no.2 has requested to dismiss the claim statement filed by the workman.

5. With strong denial of the contrary facts given in the written statement the workman has filed rejoinder W-8.

II (ii) 4869

6. Notices through registered post were sent to opposite party no.1, Balaji Securities Services but none appeared on it behalf before the Court, neither any written statement nor reply was submitted by opposite party no.1.

7. The workman has filed photo copies of leave application forms dated 19.12.2004, 22.12.2004 and E.P.F. details etc., as per list W-9.

8. The management has filed photo copies of the purchase orders dated 02.04.2004 and 23.04.2005 along with application M-10 dated 05.08.2013. The management of opposite party no.2 has submitted in M-10:

"That the opposite party no.2 is filing herewith the copies of two purchase orders dated 02.04.2004 and

23.04.2005 in terms of which the opposite party No.1 had made the services of the applicant available to

the opposite party no.2. The said may kindly be taken on record as documents filed on behalf of the

opposite party no.2."

10. During the proceedings of the case workman has filed application W-11 alongwith certain annexures, and further letters W-18, W-20 etc., have been submitted.

11. The workman Sri Ram Gopal Yadav has filed his affidavit W-14. He was thoroughly cross examined on behalf of opposite party no.2.

12. The opposite party no.2 filed affidavit of Sri Dineshwar Pratap Singh M-17. Its Hindi translated version M-27 was also filed duly verified by learned AR of opposite party no.2. Later on another affidavit W-22 was filed by the petitioner, whereby the facts mentioned on behalf of opposite party no.2 in its affidavit have been controverted by the workman.

13. None appeared in the court on behalf of the workman to cross examine the management witness Sri Dineshwar Pratap Singh. However the Court in order to safe guard the interest of the said blind petitioner questions were put before the management witness. The witness was duly cross examined by the Court.

14. Arguments advanced by the petitioner himself and learned AR for opposite party no.2 have been heard at length. Record has been perused thoroughly.

15. The workman has argued that the management of Reliance Infocom availed his services through the opposite party No. 1, which is said to be contractor for supplying the man power to the opposite party No. 2; but the opposite party No. 2 could not produce the 'principal employer' registration certificate and registration certificate of M/s Balaji Securities Services which goes to show that the pleading of the management that the workmen were supplied by the agency under a contract is nothing but to escape from their liabilities.

16. The management of opposite party No. 2 has denied employer and employee relationship between itself and the workman altogether; and has submitted that the service of the workman had been availed through opposite party No. 1 and payment was also made accordingly through opposite party No. 1.

17. I have given my thoughtful consideration to the contentions of the workman and OP No. 2, and perused respective pleading of parties and supportive evidence.

18. The workman has come up with the case that his services have been availed by the opposite party No. 2 through opposite party No. 1 and in the absence of any principal employer' registration certificate in respect of opposite party No. 1 and registration certificate of M/s Balaji Securities Services and any contract for supply of labourers between OP No. 1 and OP No. 2, it goes to show that the workman had been a worker of principal employer i.e. OP No. 2.

19. The OP No. 1 did not turn up to file any reply, which led to ex-parte against them whereas the OP No. 2 has evasively denied the contentions of workman and has submitted that there does not exist any employer-employee relationship between the OP No. 2 and the workman. However, the authorized representative of the OP No. 2 has moved an application M-10 to file the documents on behalf of OP NO. 2 which reads as under:

"That the opp party no 2 is filing herewith the copies of two purchase order dated 02.04.2004 and 23.04.05

in terms of which the opp party no. 1 had made the services of the applicant available to the opp party no 2.

The said may kindly be taken on record as documents filed on behalf of the opp party no 2."

The OP No. 2 along with above referred purchase orders has filed 'Terms and Conditions' regarding providing man power and to ensure various statutory provisions; but failed to provide the same in its respect i.e. a valid registration certificate as 'principal employer' and a genuine 'contract, carrying terms and conditions'. The details of terms and conditions filed through M-10 cannot be said to be a genuine contract in the eye of law as not sworn before a Notary. Hence, it cannot be said that there was any genuine contract labor system prevailing with the management of the OP No. 2 and OP No. 1. Hon'ble Apex Court in Secretary, Haryana State Electricity Board Vs. Suresh & others 1999 LLJ 1087 has observed as under:

4870 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

"When these contract workers carry out the work of the principal employer which is of a perennial nature

and if provisions of Section 10 get attracted and such contract labor system in the establishment gets

abolished on fulfillment of the conditions requisite for that purpose, it is obvious that the intermediary

contractor vanishes and along with him vanishes the term 'principal employer'. Unless there is a

contractor agent there is no principal. Once the contractor intermediary goes the term 'principal' also goes

with it. Then remains out of this tripartite contractual scenario only two parties – the beneficiaries of the

abolition of the erstwhile contract labour system i.e. the workmen on the one hand and the employer on the

other who is no longer their principal employer but necessarily becomes a direct employer for these

erstwhile contract labourers."

Hon'ble Apex Court further observed as under:

"19. It has to be kept in view that this is not a case in which it is found that there was any genuine contract labor system prevailing with the Board. If it was a genuine contract labor system, then obviously, it had to be abolished as per Section 10 of the Contract Labour (Regulation and Abolition) Act after following the procedure laid down therein. However on the facts of the present case, it was found by the Labour Court and as confirmed by the High Court that the so called contractor Kashmir Singh was a mere name lender and had procured labor for the Board from the open market. He was almost a broker or an agent of the Board for that purpose. The Labour Court also noted that the Management witness Shri A.K. Chaudhary also could not tell whether Shri Kashmir Singh was a licensed contractor or not. The workmen had made a statement that Shri Kashmir Singh was not a licensed contractor. Under these circumstances, it has to be held that factually there was no genuine contract system prevailing at the relevant time wherein the Board could have acted as only the principal employer and Kashmir Singh as a licensed contractor employing labour on his own account. It is also pertinent to note that nothing was brought on record to indicate that even the Board at the relevant time, was registered as principal employer under the Contract Labour (Regulation and Abolition) Act. Once the Board was not a principal employer and the so called contractor Kashmir Singh was not a licensed contractor under the Act, inevitable conclusion that had to be reached was to the effect that the so called contract system was a mere camouflage, smoke and screen and disguised in almost a transparent veil which could easily be pierced and the real, contractual relationship between the Board, on the one hand, and the employees on the other, could be clearly visualized."

20. In the instant case, the management of the OP No. 2 has tried to plead and lead evidence to the effect that there was a contract between the management of the OP No. 2 and OP No. 1 to provide man power; and in order to substantiate this pleading it has filed photocopy of so called terms and condition. Apart from photocopy of so called contract/terms and conditions the OP No. 2 could not show any documentary evidence regarding issuance of tender notice, bid from the contracts etc.

21. Therefore, in view of the facts and circumstances of the case, and law cited hereinabove, I am of considered opinion that the so called contract/term and conditions are not genuine or mere a camouflage, smoke and a screen and disguised, just to deprive the workman of his legitimate rights.

22. It is established that the workman was engaged by the contractor to carry out the work of perennial in nature; therefore the contract labour system got abolished. Further neither the OP No. 2 was registered as principal employer nor did the contract have license, making the so called contract between the OP No. 2 and the so called contractor mere camouflage. Thus, the direct relationship of employer and employee gets established between the management of OP No. 2 and the workmen. Hon'ble Apex Court in Secretary, Haryana State Electricity Board Vs. Suresh & others 1999 LLJ 1087 has relied upon the observation made by it in its decision in Air India Statutory Corporation etc. Vs. United Labour Union & others etc. 1997-I-LLJ-1113 SC as under:

"In this behalf, it is necessary to recapitulate that on abolition of the contract labor system, by necessary

implication, the principal employer is under statutory obligation to absorb the contract labour. The linkage

between the contractor and the employee stood snapped and direct relationship stood restored between

principal employer and the contract labour as its employees. Considered from this perspective, all workmen

in the respective services working on contract labour are required to be absorbed in the establishment of the

appellant."

Also, Hon'ble Delhi High Court in CWP No. 1981 of 1997 decided on 29.09.2000, 2001 (1) SCT 1943 has held

that 'in case the contractor has not taken a license as required under Section 12 of the Act, then the contract labour

shall be treated as direct employees of the Principal employer.'

Thus, from the law pronounced by Hon'ble Supreme Court, it comes out that the principal employer is under statutory obligation to absorb/regularize the contract labour as the linkage between the so called contractor and the employees stood snapped and direct relationship stood restored between principal employer and the contract labour labour, in the present industrial dispute.

II (ii) 4871

23. But as observed above, on the abolition of contract labour system, there existed relationship of employer and employee between the management of the Reliance Infocom and the contract labour, it can be well concluded that the workman under dispute was engaged in perennial nature of work and he has worked for more than 240 days in preceding year from the date of his alleged termination. Also, it could be well inferred that the services of the workman have been terminated without complying with the mandatory provisions of Section 25 F of the Industrial Disputes Act, 1947 or giving any notice or notice pay or any retrenchment compensation etc.

Hon'ble Allahabad High Court in State of U.P. Vs.. Mahendra Pal Singh & another 2012 (2) ALJ 325 while scrutinizing the validity of the award of the Labour Court found that the findings of the Labour Court were not perverse; wherein the Labour Court drawn out a finding that the workman had continuously worked for more than 240 days in twelve calendar months prior to termination of his services; and the termination of services was without any notice and without payment of retrenchment compensation; and accordingly, Hon'ble High Court held that the relief of reinstatement with 60% of back wages, awarded by the Labour Court was justified. Hon'ble High Court in para 47-49 of its judgment, has referred decision of Hon'ble Apex Court in Krishan Singh Vs.. Executive Engineer, Haryana State Agricultural Marketing Board, Rohtak (Haryana) (2010) 3 SCC 637: (AIR 2010 SC (Supp) 787 as under:

"47. ........….. the appellant worked as a daily wager under the respondent from 1.6.1988. His services were terminated in December, 1993. He served a notice of demand dated 3012.1997 on the respondent contended that his services were terminated orally without complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and that he may be reinstated in service with full back wages from the date of illegal termination and he may be regularized according to the Government policy. The respondent did not respond to the demand made by the appellant and by and order dated 23.7.1999, the State Government referred the dispute under Section 10 of the Act to the Labour Court. Thereupon the Labour Court passed the award dated 18.7.2006 holding that the appellant had admittedly completed 267 days from 1.6.1988 to 30th April, 1989 and his services were terminated without any notice or notice pay and without payment of retrenchment compensation and the termination was, therefore, in violation of Section 25-F of the Act and the appellant was entitled to be reinstated in his previous post with continuity of service and 50% back wages from the date of demand notice i.e. 30.12.1997.

48. The respondent challenged the award of the Labour Court before eh High Court of Punjab and

Haryana, in writ petition and by order dated 9.12.2008, High Court allowed the said writ petition and set

aside the award dated 18.7.2006 of the Labour Court and directed the respondent instead to pay

compensation of Rs. 50,000/- to the appellant. Aggrieved by order dated 9.12.2008 of the High Court, the

appellant filed appeal before the Apex Court. By placing reliance upon earlier decision rendered by the

Apex Court in the case of Harjinder Singh (supra), allowed the appeal and set aside the impugned order

dated 9.12.2008 passed by the High Court and directed that the appellant will be reinstated as a daily wager

with 50% back wages forthwith.

49. While dealing with the question of discretionary powers of the Labour Court, in para 17 of the

decision, Hon'ble Apex Court has observed as under:

"17. Wide discretion is, therefore, vested in the Labour Court while adjudicating an industrial

dispute relating to the discharge or dismissal of a workman and if the Labour Court has exercised its

jurisdiction in the facts and circumstances of the case to direct reinstatement of a workman with

50% back wages taking into consideration the pleadings f the parties and the evidence on record, the

High Court in exercise of its power under Articles 226 and 227 of the Constitution of India will not

interfere with the same, except on well settled principles laid down by this Court for a writ of

certiorari against an order passed by a court or a tribunal."

24. Thus, in view of the facts and circumstances of the case, discussions made hereinabove and law cited hereinabove, it is established that the workman under dispute, who was employee of the principal employer i.e. Reliance Infocom, was engaged by Reliance Infocom through an illegal contract system which is not genuine and mere a camouflage; and all the workman had worked for more than 240 days in a calendar year preceding the date of his termination; and his services have illegally been termination on 31.07.2005 on completion of the so called 'illegal contract' by the management of the Reliance Infocom without following the mandatory provisions of the Section 25 F of the Industrial Disputes Act, 1947. Therefore, I am of the considered opinion that the workman Shri Ram Gopal Yadav is entitled for reinstatement with continuity in service along with 60% of back wages

25. But in the instant case, the workman, Ram Gopal has lost his eye sight during period of engagement and his services could no longer be availed for security purposes; hence he could not be reinstated into the services of OP No. 2. In Haryana Roadways Vs.. Rudhan Singh (2005) 5 SCC 591; 2005 SCC (L&S) 716 Hon'ble Apex Court while considering the question regarding award of back wages has observed:

4872 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

"There is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the

termination of service was in violation of section 25 F of the Act, entire back wages should be awarded

………………………………….. However, where the total length of service rendered by a workman is very

small, the award of back wages for the complete period i.e. from the date of termination till the date of the

award, which our experience shows is often quite large, would be wholly inappropriate. Another important

factor, which required to be taken into consideration, is the nature of employment. A regular service of

permanent character cannot be compared to short or intermittent daily wage employment though it may be

for 240 days in a calander year."

26. In Deepak Ganpat Tari Vs.. N.E. Theater Pvt. Ltd. 2008 (119) FLR 877 Hon'ble Bombay High Court relying on the Hon'ble Apex Court's judgment in A P V K Brahmandandam 2008 (117) FLR 1086 (SC) Telephone DM Vs.. Keshab Deb 2008 (118) FLR 376 (SC) JDA Vs.. Ram Sahai 2006 .(111) FLR 1178 (SC), while awarding compensation of Rs. 1,50,000/- to the concerned workman considering his daily wages as Rs. 45/- in view of the fact that the workman had put in about 3 years of service, has observed as under:

"It is apparent that termination of services of a daily wager does not amount to retrenchment and for

violation of section 25 F in such circumstances, the employee cannot be given benefit of reinstatement with

continuity and back wages. Hon'ble Apex Court has hold that in such circumstance employee is entitled to

benefit of compensation only."

27. Having regards to these facts that the workman has worked after engagement through an agency at the time of his alleged termination @ monthly rates Rs. 2850/- and keeping in view the entire facts of the case and the law, the interest of justice would be subserved, if, management is directed to pay lump sum amount of compensation only.

29. Accordingly, the management is directed to pay a sum of Rs. 1,00,000/- (Rupees One Lakh only) to the workman as compensation for termination of their services in violation of section 25 F of the I.D. Act. The said amount shall be paid to the workman within ten weeks of publication of the award, failing which; the same shall carry interest @ 6% per annum.

30. The reference is answered accordingly.

LUCKNOW 24th May, 2017

RAKESH KUMAR, Presiding Officer —

New Delhi, the 31st July, 2017

S.O. 1837.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 5/2014) 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 Director, JIPMER, Puducherry and their workman, which was received by the Central Government on 26.07.2017.

[No. L-42011/151/2013-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Wednesday, the 19th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

II (ii) 4873

Industrial Dispute No. 5/2014

(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 JIPMER, Puducherry and their workman)

BETWEEN :

: 1st Party/Petitioner Union

The President JIPMER Hospital Employees Union Room No. 314, 3rd Floor, Administrative Block Puducherry-605006

AND

: 2nd Party/Respondent

The Director JIPMER Puducherry-605006

Appearance :

For the 1st Party/Petitioner Union :        M/s. Sai, Bharath & Ilan, Advocates
For the 2nd Party/Respondent       :        M/s. Sri M.T. Arunan, Advocate

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42011/151/2013-IR (DU) dated 03.01.2014 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is :

"Whether the demand of the workmen (As per Annexure-A) seeking regularization in the post they are

engaged continuously by the Management of JIPMER, Puducherry is legal and justified? If not, to what

relief the concerned workmen are entitled to?

On receipt of the Industrial Dispute this Tribunal has numbered it as ID 5/2014 and issued notice to both sides. On receipt of notice both sides have entered appearance and filed Claim and Counter Statement respectively.

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

The petitioner is a Trade Union functioning in the Respondent Organization. Majority of the employees of the Respondent are members of the Petitioner Union. The Respondent is a Body Corporate under the JIPMER Act and runs a Multi-Specialty Hospital. In the Hospital there are several tasks such as cleaning, assisting the patients, maintenance of gates, entry in the records and a variety of several other functions. In the late eighties the Respondent intending to indulge in cheap labour stopped regular recruitment to several posts for carrying out the above jobs and started resorting to engage persons on daily basis. It deliberately omitted to maintain a centralized list of daily rated labourers and permitted each Department to engage persons with a direction not to engage a person for more than 15 days in one Department. After 15 days the same set of workers would be engaged by another Department. At times the Departments even gave fictitious names to same set of people for another 15 days. The attempt was to make out that the employment was seasonal. By resorting to such acts the Respondent has given a go-by to all the Labour Laws. The earliest of the members of the petitioner were engaged in the year 1987. Majority of them were engaged during 1991- 2001 and a few of them were engaged during 2005-2006. More than 500 persons were engaged in this manner. The list of these persons is annexure to the Industrial Dispute. None of the workmen are given any designation. They are called by the name Coolies. They were kept as daily rated workers even though they were working for long number of years. They were not given any weekly holidays but were paid only for the days they worked. They were not subscribed to Provident Fund even though it is mandatory under the law. They were not covered by the ESI Act nor given the facility for treatment in the Respondent hospital. They are not eligible for any leave including Medical or Maternity Leave. They are not given any compensation for accidents occurring during work. They were directed to wear uniforms but were not paid Uniform Allowance. The Petitioner Union has taken up the case of these workmen and demanded that they be regularized and all the mandatory legal benefits be extended to them. An Award may be passed directing the Respondent to designate the concerned workmen as Multi-Tasking Staff and regularize them in the said posts with backwages and all attendant benefits.

3. The Respondent has filed Counter Statement contending as below:

The Respondent was a Subordinate Office of the Ministry of Health and Family Welfare upto July 2008. In view of the recommendations of the committee to the department the Respondent could fill up only 1/3 of the vacancies4874 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] falling in the direct recruitment quota. By this process the Respondent could not fill up the vacancies falling under Group "D" cadre particularly the post of Sweepers engaged in cleaning and maintenance and other activities. So the Heads of the Departments started to engage daily rated labours for undertaking seasonal and intermittent cleaning work. Selection of these daily rated labourers was not through Employment Exchange. The Government had not sanctioned any post for the work of House-Keeping, Security, etc. Subsequent to the implementation of the recommendations of the 6th Central Pay Commission employees in Government Service are to be engaged only in activities requiring a certain level of skill. Those employees who were in erstwhile Group "D" cadre have been brought into Group "C" level. The Government has ordered that no further recruitment shall be made to Group "D" cadre after 01.01.2006. All Group D employees such as Safaiwala, Security Guards, Helpers, etc. in the Respondent establishment were brought to Group "C" cadre. They were assigned various semi-skilled jobs by giving appropriate training. As no hands were available to do the jobs of Group "D" cadre the Respondents started outsourcing these services. When new facilities were added to the establishment it had to engage more daily rated labourers as a stop-gap arrangement till outsourcing arrangement is finalized. Once tenders are awarded for outsourcing the work the daily rated labourers also could be engaged by the Contractor if they are willing for the same. When conciliation proceedings was started the petitioner was represented by its President. In the subsequent conciliation proceedings the President of an unrecognized association had represented the workmen. At present the daily rated labourers are being represented by an unrecognized association. The Industrial Dispute raised by the Union is against the Bye-Laws of the Union. It is not stipulated in the byelaws that the daily rated labourers can be members of the Union. The petitioner union has no locus-standi to raise the dispute for a group of persons who are members. The allegation that even from the late eighties the Respondent had started to indulge in cheap labour and did not want to give regular scale of pay and other benefits and started resorting to engage persons on daily basis is not correct. It was as a policy decision of the Government of India, as a stop-gap arrangement, daily rated labourers were engaged by the Heads of the Departments. These labourers are engaged for a period of 15 days. They are engaged for seasonal and semi-skilled works. It is incorrect to state that labourers were engaged on fictitious names. The period of 15 days was resorted to prevent any kind of misuse of the system and as a matter of policy only. It is incorrect to state that the Respondent has started to engage daily rated labourers in 1987 itself and that majority of them were engaged during the period from 1999-2011. The allegation of the Petitioner that the workmen are not given proper designation and that they are not given benefits of the different industrial laws are not correct. They are paid wages as per the Minimum Wages Act. The daily rated workmen cannot be given any designation as there are no sanctioned posts. The concerned workmen are not entitled to any relief.

4. The evidence in the case consists of oral evidence of WW1 to WW3 and MW1 and documents marked as Ext.W1 to Ext.W146 and Ext.M1 to Ext.M39.

5. The points for consideration are:

(i) Whether the demand of the petitioner in seeking regularization of the workmen concerned in the dispute in the service of the Respondent is justified?

(ii) What, if any is the relief to which the petitioner is entitled?

The Points

6. The Respondent is an institute of Post Graduate Medical Education and Research. It is running a Multi-Specialty Hospital also. The Petitioner Union has raised the dispute on behalf of the workmen engaged in the establishment under the name and style daily rated labourers (DRL) or Coolies. In fact, in most of the documents pertaining to the Respondent the workmen are referred to as Coolies. It is the case of the petitioner that the Respondent has started to engage workmen on daily rated basis even in the eighties. According to the petitioner most of the workmen concerned in the dispute were first engaged by the Respondent during the period from 1999-2001. A few of them were engaged during 2005-2006 also. The schedule of reference contains a list of the workmen on whose behalf the dispute is raised. It is stated by the petitioner that these workmen are engaged by the Respondent with the nomenclature of Coolies in different areas such as cleaning, working in the Canteen, for the Research Institute and also for the hospital. The Respondent takes care to see that the workmen are given work only for 15 days a month in a particular department. For the next 15 days they will be shifted to another department. It is stated that in this manner the Respondent has been successfully avoiding grant of any benefits due to the workmen under the various Labour Law Legislations. It is alleged that they are retained as daily rated workers even though they have been working for a long number of years. They are not given weekly holidays, they are not subscribed to the Provident Fund, they are not covered under the ESI Act, they are not given any leave, nor given any compensation on accidents. It is stated that they are not even given any wage slips. The petitioner has raised the dispute when the Management was in the process of recruiting persons from the open market and had issued advertisement calling for applications for this purpose. It is claimed by the petitioner that the concerned workmen should be designated as Multi-Tasking Staff and should be regularized in the service of the Respondent with all the benefits.

II (ii) 4875

7. In the Counter Statement filed it is not disputed by the Respondent that it had been engaging daily rated labourers for different purposes. According to the Respondent this was done only as a stop-gap arrangement. It is stated that the Government had issued a ban on recruitment in the posts of sanitary Workers and such other posts and all the existing workers in such posts have been promoted as Multi-Tasking Staff giving them necessary training. This has resulted in the establishment being without any hands to do the cleaning, security and such other works. The engagement of workers on daily rated basis is said to have been in this background. According to the Respondent it has started outsourcing the work that is now done by the daily rated labourers and had given instructions that all those labourers should register with the outsourcing agency so that they can continue in the work. The concerned workmen were not working continuously but only for 15 days in a week, it is stated. It is also stated that no posts are available in the establishment and for this reason also the workmen are not entitled for regularization as claimed by them.

8. There is evidence given by WW1, the President of the Petitioner Union and WW2 and WW3, two of the daily rated labourers. WW1 has filed Proof Affidavit reiterating the case in the Claim Statement. He has stated that the Petitioner is a Union that was registered in the year 1998 and from 1998 onwards it has been espousing the cause of temporary workers also.

9. WW2 has stated that he had started to work for the Respondent establishment in the year 1986. He was initially engaged in one of the hostels of the Respondent and was doing the work of cleaning utensils, assisting in cooking, etc. In 2004 the hostel mess was outsourced and then he was transferred to the Canteen of the Dietetics Department. He was preparing food and distributing them to the patients in the wards. Even now he continues to work in the Department. According to him, he is now getting Rs. 448/- per day as wages. He has stated that regular cooks who are working in the same kitchen are getting salary in the scale of Rs. 5200-20200. He has further stated that he has been working for the past 30 years continuously and his work is perennial in nature. There is also the evidence of WW3 who has stated that he had started to work for the Respondent from the year 2000. He was recruited through the Sanitary Department for cleaning and sanitation work. However, he being a Graduate he was asked to maintain the counter, get the patient's details, open the file for the patients, make appropriate entries in the ledger, etc. He was carrying patient's records to the Doctors. He was also filing various consultation records, prescriptions, discharge summaries, lab reports, etc. In 2005 he was transferred to the Medical Records Department and had worked there till 2010. Then he was transferred to the Department of Medical Services where he had to attend to the patients, operate the stretchers, shift the patients, etc. He is also getting Rs. 448/- per day. The evidence given by WWs 2 and 3 regarding the nature of work done by them is not challenged by the Respondent in the cross-examination. Even the case of these witnesses that they have been working for a long time is not much disputed.

10. There is of course the evidence given by MW1, the Administrative Officer of the Respondent. He has stated under what circumstances daily rated labourers started to be engaged by the establishment. According to him, Group D employees who were doing the work of Safaiwala, Security Guards, Helpers, etc. were brought to Group C cadre and were assigned other jobs. There was ban in recruitment to the post in Group D cadre also. In the meanwhile, the establishment had developed to further heights, adding to it a Cancer Centre, Trauma Care Centre, Super-Specialist Block, Nursing College, Academic Centre, Women and Child Hospital, etc. Since there was ban on recruitment in Group D cadre they had to resort to engagement of daily rated labourers as a stop-gap arrangement till outsourcing tender is finalized. Thus it could be seen from the evidence given by MW1 itself that the Respondent was almost wholly resorting to daily rated labourers for works coming under Group D cadre. The only case is that this was done as a stop-gap arrangement until arrangement for outsourcing is done.

11. The documents produced by the petitioner would reveal that the Respondent still continues the practice of engaging workers on daily rated basis and that the workmen have been continuing as daily rated labourers for a very long time. Most of the documents produced by the petitioner were obtained from the Respondent itself under the Right to Information Act. Ext. W10 to Ext.W80 are all information obtained in this manner. As seen from these documents various departments have furnished information regarding engagement of workers done by them. There are 35 departments in the Respondent establishment. Engagement of workers is done at the discretion of Head of each Department. In Ext.W10-answer given from the Office of the Nursing Superintendent it is seen stated that the number of Coolies who have been working for a long time are more and to give opportunity to all of them they are divided into two so that they will be given chance every alternate month. However, as could be seen from the Counter Statement as well as the evidence of MW1 duration of 15 days is fixed so that they work only for a minimum number of days so that they would not be able to claim any benefit for their work. Ext.W10 itself (Page-84 onwards) gives an account of the number of workers engaged in each department and the maximum number of days to be engaged. As could be seen from this there is scope for engaging workers on all working days and not for some specified days only. Ext.W81 is an Office Order of 2014 approving engagement of Coolies. It could be seen that in almost all the departments persons are being engaged on daily wages. Ext.W82 shows the duties allotted to these persons. They are engaged in the OP of the Medicine Department and Special Clinic for registration, for arranging and filing inpatient records, in the laboratory,4876 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] for filing of records, as assistant to census, in the enquiry section, in EMS Department in shifts, in the discharge section for issuing token, at the telephone board, etc. Ext.W83 is the Register of the daily rated workmen maintained in EMS Department. This is certified by the concerned Medical Officer. This is of the period starting from 2000. Details of the period upto 2011 are available in this. This gives the details such as the name of the workman, number of days worked, amount paid, date of payment, etc. Ext.W84 is the copy of such register maintained at the Medical Records Department for the period from the year 2000-2009. Ext.W88 to Ext.W92, Ext.W94, Ext.W98 and Ext.W99 are also information furnished by the Respondent under the Right to Information Act. Ext.W89 is information furnished in 2009. It says that there are almost 400 workers working on daily wages. Ext.W90 gives the details of the workers who had worked in August 2009. Ext.W92 gives the details of the nature of work that is done by the daily rated workers. It could be seen from this that they are engaged in all the departments and they are employed for doing any kind of work which does not require much skill. The nature of work varies depending upon the nature of the department. In the MRI Department it is attending of enquiries related to investigation, guiding the patient and helping the technician, receiving MRI requisition, issuing the report to the patient, etc. They are engaged in the X-Ray Section in shifts, for the first shift, second shift and night shift. Here they are attending enquiries related to investigations, receiving X-Ray requisition, cleaning the machines, shifting patients to the CT table and back, etc. In the house-keeping section they are engaged in cleaning the floor, tables, instruments, laboratory glass wares and accessories, they are also collecting indents from several sections including linens, laundry. They are also doing transport of blood samples, cleaning the animal cage, etc. In the department of Cardio-Thoracic and Vascular Surgery they are taking blood sample for investigation, taking patients' for referral to other department, bringing X-Ray cassettes from Radiology, preparing the roller pads, assisting nurses, washing and drying the ventilator circuits, measuring and emptying the filled urine bags, providing bed pan to the patients, cleaning the sputum cups, emptying and cleaning the filled-up suction jars, etc. In the Departmental Canteen they do grinding, help in cooking, cut vegetables, issue tokens, shift food items and grocery items from Canteen to the other blocks, etc. In the Department of Cardiology they are shifting patients, bringing and taking materials etc, In the remarks columns it is stated that all the workers are trained in the work related to Cardiology and Coronary Care Unit also. In the Central Workshop they are engaged in the Electrical Section, Painting Section, Carpentry Section, Sheet Metal Section, etc. In fact it could be seen from the information submitted by the Respondent itself that daily rated labourers are engaged for every work other than the work of a Medical Practitioner, qualified nurse and such other qualified persons required in a hospital.

12. It is the case of the petitioner that the concerned workmen were not given even the benefits due to daily workers. It could be seen that even Provident Fund Scheme was not applicable to them denying them the benefit. Ext.W86 is the order passed by the Regional Provident Fund Commissioner directing the Respondent to pay the outstanding dues towards the Provident Fund. It was only after this order the Respondent started contributing towards Provident Fund for the daily rated workers. There is the evidence given by WW2 and WW3 that they are not given weekly leave with wages, nor given any holidays. They are not entitled to any leave including maternity leave. One of the workmen had approached the High Court and had obtained direction to provide the benefit of Maternity Leave. The workmen are directed to wear uniform. By a communication, the colour of the uniform is prescribed. However, it is to be done at the cost of the workman itself. The Respondent did not find it necessary even to provide uniforms though they insisted on uniforms.

13. Ext.W105 to Ext.W109 are the orders sanctioning budget for engagement of daily rated labourers. These are of the years 2004 and 2005. The Respondent was resorting to engagement of daily rated labourers during all this time in large scale. One of the sanction order states that engagement of a person should not be for more than 10 days continuously though engagement is required for entire 31 days of the month. Ext.W116 contains experience certificates issued to different workman. This shows that workers were being engaged even from 1986. Ext.W114 and Ext.W115 are payment vouchers of 2008 showing engagement during this period. Ext.W142 and Ext.W143, communications from the different departments also are there showing engagement of workers on daily rated basis for every kind of work that would be available in a hospital and a medical college. Ext.W125 contains details of workers alongwith annexure regarding the nature of work done by them. This shows that they have been working as Nursing Orderly, Stretcher Bearer, Safaiwala, etc. At the bottom of the details there is a certificate by the Chief Medical Officer to the effect that the engagement was only for work which is casual, seasonal or intermittent in nature for which regular post cannot be created. It cannot be conceived how the work of Nursing Orderly, Stretcher Bearer and Safaiwala in a hospital becomes seasonal. No expert evidence or opinion is required to assume that these are works which are required to be done permanently and not seasonal in nature. No doubt, the attempt of the establishment in giving such description regarding nature of work was only to defeat the attempt of the workmen to get regularized in the establishment and get the benefits due to them.

14. The counsel for the Respondent has argued based on Uma Devi's case that there are no sanctioned posts in the establishment to take in the temporary workers by way of regularization and so there is no question of allowing their claim for regularization also. In answer to this contention the counsel for the petitioner has referred to the decision ofII (ii) 4877 the Apex Court in DURGAPUR CASUAL WORKERS UNION AND OTHERS VS.. FOOD CORPORATION OF INDIA AND OTHERS reported in 2014 SCC (ONLINE) SC 986 and also UMARALA GRAM PANCHAYAT VS.. THE SECRETARY, MUNICIPAL EMPLOYEES UNION AND OTHERS reported in 2015 SCC (ONLINE) SC 476. In Durgapur Casual Workers case the Apex Court has referred to Maharashtra State Road Transport case (2009 8 SCC 556) where it was held that Uma Devi's case does not denude the industrial and labour courts of their statutory power under Section-30 read with Section-32 of MRTU and PULP ACT to order permanency of the workers who have been victims of unfair labour practice on the part of the employer. It has also quoted the observation that the power of the Labour Court is of wide amplitude and comprehensive within its fold to give direction to the employer to accord permanency to the employees affected by unfair labour practice. The Apex Court has observed that the Industrial Disputes Act is for settlement of industrial disputes and for certain other purposes and prohibits unfair labour practice on the part of the employer in engaging employees as casual or temporary employees for a long period without giving them the status and privileges of permanent employees. It was a case where the Food Corporation had been running Rice Mill for several years through successive contractors but through the same workmen. The direction given by the Industrial Court to regularize the workmen were upheld by the Apex Court. In the Umarala Gram Panchayat case the Panchayat had engaged workmen as Safai Kamdars and they have been working for a period ranging between 18 and 5 years. However, they were considered as daily workers only. It was held that the services of the concerned workmen are permanent in nature since they have worked for more than 240 days in a calendar year from the date of their initial appointment. The Apex Court directed the Gram Panchayat to treat the concerned workmen as permanent employees after 5 years of their initial appointment as daily workmen. So the Respondent cannot take shelter under the contention that in the absence of sanctioned post the workmen are not entitled to regularization.

15. So far as some of the workmen are concerned they might have worked only for 15 days a month. Some of them have been put in one department for 15 days and in some other department for another 15 days. Even if they had worked only for 15 days a month this was only because of the deliberate act on the part of the Respondent to deny work to them for half of the month so as to make them incompetent to claim permanency. The workmen have been working for the Respondent for years and years without any benefits. Certainly, the Respondent was acting in violation of Item- 10 of Schedule-V of the Industrial Disputes Act, treating the workers as Coolies or Daily Rated Labourers and making them continue as such for years with the object of depriving them of their status and privileges of permanent workmen. Those workmen who had been working continuously are entitled to be regularized in the service of the Respondent.

16. It is the case of the petitioner in the Claim Statement that the concerned workers should be designated as Multi- Tasking Staff and regularized in the said post. However, the counsel has admitted during trial that the workmen will not be entitled to be regularized as MTS who comes under Group "C". It is pointed that earlier staffs were appointed in Group "D" post, but these were abolished and all those staff who were working in Group "D" were adjusted in Group "C" by promoting them. It is after this the Respondent has resorted to engagement of workmen on daily rated basis. There would be no difficulty for the Respondent in regularizing the workmen as Helpers or in other posts coming under Group "D".

17. The Respondent has raised a contention that the Petitioner Union has no locus-standi to raise the dispute on behalf of the workmen. It is not disputed by the Respondent that the petitioner is a registered trade union. The objection of the Respondent seems to be on the basis that subsequently there was a rift in the Union. However, this is not the reason to non-suit the petitioner and deny benefits to the workmen who have put faith on the Union and had asked the Union to raise dispute on their behalf.

18. The petitioner has submitted a list of workmen showing the year of their engagement and other details. Those workmen who have completed 5 years of service as on the date on which the dispute was raised shall be treated as workmen who have been working for a long time as casual workmen and are entitled to be regularized.

In view of the above discussion an Award is passed as below:

The Respondent is directed to regularize all the concerned workmen who have completed 5 years of service as on 05.03.2012 on which date the dispute was raised, in Group "D" post. They will be entitled to regular pay- scale and all other benefits due to permanent workmen, from this date. Arrears of pay due on account of such regularization shall be paid within two months of publication of the Award. In default the amount will carry interest @ 7.5% 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 19th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer4878 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Witnesses Examined:

For the 1st Party/Petitioner : WW1, Sri R. Arochiam Kalaimathi

WW2, Sri S. Kumaravel

WW3, Sri M. Oudayan

For the 2nd Party/Management : MW1, Sri Hawa Singh

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Ext.W1           -                List of disengaged employees complied by the Petitioner union showing their S.No.
                                  in the original list of employees and other particulars, including the department of
                                  work, period of work from 2008, date of disengagement
Ext.W2           -                List of additional employees who are not provided in the original list
Ext.W3           -                Communication  of  the  Respondent  management  dated  25.06.2014  to  the  Regional
                                  Labour Commissioner
Ext.W4           -                Notification of the Respondent Management dated 20.12.2013 inviting applications

for the post of Multi-Tasking Staff

Ext.W5          -                Communication  of  the  Respondent  Management  to  the  Assistant  Labour
                                 Commissioner dated 20.08.2014
Ext.W6          -                Service  Certificate  issued  by  the  Respondent  Management  to  one  of  the  workmen
                                 dated 27.08.2012
Ext.W7          -                Certificate issued to one of the workmen dated 01.06.2005
Ext.W8          -                Duplicate copy of the coolie vouchers issued to a few of workmen for the month of
                                 June 2012
Ext.W9          -                Communication of the Regional Labour Commissioner, Chennai dated 13.08.2014

enclosing the order passed under Minimum Wages Act

Ext.W10          -               Information furnished under Right to Information Act on 12.03.2013
Ext.W11          -               Information furnished under Right to Information Act  12.03.2013
Ext.W12          -               Information furnished under Right to Information Act on 23.06.2014
Ext.W13          -               Information furnished under Right to Information Act on 25.06.2014
Ext.W14          -               Information furnished under Right to Information Act on 03.07.2014
Ext.W15          -               Information furnished under Right to Information Act on 29.05.2014
Ext.W16          -               Information furnished under Right to Information Act on 08.07.2014
Ext.W17          -               Information furnished under Right to Information Act on 28.06.2014
Ext.W18          -               Information furnished under Right to Information Act on 29.05.2014
Ext.W19          -               Information furnished under Right to Information Act on 24.06.2014
Ext.W20          -               Information furnished under Right to Information Act on 02.07.2014
Ext.W21          -               Information furnished under Right to Information Act on 08.09.2013
Ext.W22          -               Information furnished under Right to Information Act on 04.09.2013
Ext.W23          -               Information furnished under Right to Information Act on 22.05.2014
Ext.W24          -               Information furnished under Right to Information Act on 26.05.2014
Ext.W25          -               Information furnished under Right to Information Act on 21.05.2014
Ext.W26          -               Information furnished under Right to Information Act on 09.06.2014
Ext.W27          -               Information furnished under Right to Information Act on 26.05.2014
II (ii) 4879
Ext.W28          -               Information furnished under Right to Information Act on 04.06.2014
Ext.W29          -               Information furnished under Right to Information Act on 24.05.2014
Ext.W30          -               Information furnished under Right to Information Act on 31.05.2014
Ext.W31          -               Information furnished under Right to Information Act on 27.05.2014
Ext.W32          -               Information furnished under Right to Information Act on 24.05.2014
Ext.W33          -               Information furnished under Right to Information Act on 02.06.2014
Ext.W34          -               Information furnished under Right to Information Act on 02.06.2014
Ext.W35          -               Information furnished under Right to Information Act on 04.06.2014
Ext.W36          -               Information furnished under Right to Information Act  on 30.05.2014
Ext.W37          -               Information furnished under Right to Information Act  26.05.2014
Ext.W38          -               Information furnished under Right to Information Act on 22.05.2014
Ext.W39          -               Information furnished under Right to Information Act on 28.05.2014
Ext.W40          -               Information furnished under Right to Information Act on  22.05.2014
Ext.W41          -               Information furnished under Right to Information Act on  27.05.2014
Ext.W42          -               Information furnished under Right to Information Act on  06.06.2014
Ext.W43          -               Information furnished under Right to Information Act on  23.05.2014
Ext.W44          -               Information furnished under Right to Information Act on  27.05.2014
Ext.W45          -               Information furnished under Right to Information Act on  30.05.2014
Ext.W46          -               Information furnished under Right to Information Act on  29.05.2014
Ext.W47          -               Information furnished under Right to Information Act on  31.05.2014
Ext.W48          -               Information furnished under Right to Information Act on 23.05.2014
Ext.W49          -               Information furnished under Right to Information Act on 21.05.2014
Ext.W50          -               Information furnished under Right to Information Act on 27.05.2014
Ext.W51          -               Information furnished under Right to Information Act on  23.05.2014
Ext.W52          -               Information furnished under Right to Information Act on  09.06.2014
Ext.W53          -               Information furnished under Right to Information Act on  27.05.2014
Ext.W54          -               Information furnished under Right to Information Act  on 04.06.2014
Ext.W55          -               Information furnished under Right to Information Act on  05.06.2014
Ext.W56          -               Information furnished under Right to Information Act on  23.05.2014
Ext.W57          -               Information furnished under Right to Information Act on  05.06.2014
Ext.W58          -               Information furnished under Right to Information Act on  23.05.2014
Ext.W59          -               Information furnished under Right to Information Act on  27.05.2014
Ext.W60          -               Information furnished under Right to Information Act on  30.05.2014
Ext.W61          -               Information furnished under Right to Information Act on  04.06.2014
Ext.W62          -               Information furnished under Right to Information Act on  23.05.2014
Ext.W63          -               Information furnished under Right to Information Act on  06.06.2014
Ext.W64          -               Information furnished under Right to Information Act on  12.08.2014
Ext.W65          -               Information furnished under Right to Information Act on  28.05.2014
Ext.W66          -               Information furnished under Right to Information Act on 03.06.2014
Ext.W67          -               Information furnished under Right to Information Act on  06.06.2014
4880 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
Ext.W68          -                Information furnished under Right to Information Act on  09.06.2014
Ext.W69          -                Information furnished under Right to Information Act on  28.05.2014
Ext.W70          -                Information furnished under Right to Information Act on  27.05.2014
Ext.W71          -                Information furnished under Right to Information Act on  26.05.2014
Ext.W72          -                Information furnished under Right to Information Act on  09.06.2014
Ext.W73          -                Information furnished under Right to Information Act on 22.05.2014
Ext.W74          -                Information furnished under Right to Information Act on  29.05.2014
Ext.W75          -                Information furnished under Right to Information Act on 04.06.2014
Ext.W76          -                Information furnished under Right to Information Act on 27.05.2014
Ext.W77          -                Information furnished under Right to Information Act on 30.05.2014
Ext.W78          -                Information furnished under Right to Information Act on 21.10.2013
Ext.W79          -                Information furnished under Right to Information Act on 29.10.2013
Ext.W80          -                Information furnished under Right to Information Act on 08.10.2013
Ext.W81          -                Order  passed  by  the  Respondent  Management  sanctioning  funds  under  various
                                  departments dated 02.04.2014
Ext.W82          -                Order of the Respondent Management dated 21.12.2012
Ext.W83          -                Copy of the Coolie Register maintained at the EMS Department from 2000 to 2011
Ext.W84          -                Copy  of  the  Coolie  Register  maintained  at  the  Medical  Records  Department  from
                                  2000 to 2009
Ext.W85          -                List of workmen for whom relief is prayed in the Industrial Dispute
Ext.W86          11.06.2013       Order  passed  by  the  Regional  Provident  Fund  Commissioner  –  II  alongwith  list

particulars of engagement of coolies

Ext.W87          28.08.2012       Circular  issued  by  the  Respondent  Management  requesting  The  Departmental
                                  Heads to enroll the coolies under the Contractor
Ext.W88          13.02.2010       Information  furnished  by  the  Respondent  Management  under  the  Right  to
                                  Information Act
Ext.W89          15.07.2009       Information  furnished  by  the  Respondent  Management  under  the  Right  to
                                  Information Act
Ext.W90          24.02.2010       Information  furnished  by  the  Respondent  Management  under  the  Right  to
                                  Information Act as to the list of Coolies working in each department
Ext.W91          25.06.2012       Information  furnished  by  the  Respondent  Management  under  the  right  to
                                  Information Act as to the number of Coolies working in each department
Ext.W92          17.11.2012       Information  furnished  by  the  Respondent  Management  under  the  Right  to
                                  Information  Act  regarding  the  nature  of  works  done  by  the  Coolies  in  the  various
                                  departments
Ext.W93          31.08.2012       Circular issued by the Respondent Management
Ext.W94          31.01.2013       Information  furnished  by  the  Respondent  Management  under  the  Right  to
                                  Information  Act  as  to  the  particulars  of  Coolies  working  in  various  departments
                                  after the cleaning work was outsourced to Contractor
Ext.W95          04.09.2012       Order sanctioning additional coolies to various departments
Ext.W96          08.09.2012       Order sanctioning additional coolies to various departments
Ext.W97          04.10.2012       Order sanctioning additional coolies to various Departments
Ext.W98          04.03.2013       Information  furnished  under  the  Right  to  Information  Act  regarding  the  names  of
                                  coolies and the number of days they were working from February, 2011 to March,
                                  2012
II (ii) 4881
Ext.W99          24.08.2013        Information  furnished  under  the  Right  to  Information  Act  regarding  the  names  of
                                   the Coolies and the number of days they were working from April, 2012 to March,
                                   2013
Ext.W100         30.01.2013        Order of the Respondent Management revising the wages of the coolies
Ext.W101         05.02.2013        Order  of  the  Respondent  Management  regarding  revision  of  wages  of  the  Coolies
                                   with annexure
Ext.W102         18.03.2013        Information  furnished  under  the  Right  to  Information  Act  regarding  the  list  of

Coolies and the voucher for making their payments

Ext.W103         27.08.2003       Order  of  sanction  of  budget  for  engagement  of  Coolies  in  the  emergency  medical
                                  service department
Ext.W104         17.08.2003       Communication  furnishing  the  details  of  Coolies  engagement  in  the  emergency
                                  medical service department
Ext.W105         28.08.2004       Order  of  sanction  of  budget  for  engagement  of  Coolies  in  the  emergency  medical
                                  service department
Ext.W106         06.07.2004       Order  of  sanction  of  budget  for  engagement  of  Coolies  in  the  emergency  medical
                                  service department
Ext.W107         03.08.2004       Communication furnishing the details of Coolies engaged in the emergency medical
                                  service department
Ext.W108         07.06.2005       Order  of  sanction  of  budget  for  engagement  of  Coolies  in  the  emergency  medical
                                  service department
Ext.W109         30.04.2005       Order  of  sanction  of  budget  for  engagement  of  Coolies  in  the  emergency  medical
                                  service department
Ext.W110         06.05.2005       Communication  furnishing  the  details  of  Coolies  engagement  in  the  emergency
                                  medical service department
Ext.W111         31.12.2007       Approval granted for engagement of Coolies in EMS Department
Ext.W112         05.02.2008       Approval for engagement of Coolies in EMS Department
Ext.W113         January 2008     Details of Coolies in EMS Department and the vouchers
Ext.W114         February 2008    Copies of Vouchers of payment in EMS Department
Ext.W115         August 2008      Copies of Vouchers of payment in EMS Department
Ext.W116         1987-2007        Experience  certificates  issued  to  workmen  by  various  departments  at  various
                                  occasions
Ext.W117         March 2012       Attendance Register in respect of Central Library
Ext.W118         2006-2008        Shift Duty Allotment Register of EMS Department
Ext.W119         16.07.2008       Order prescribing uniform to the Coolies
Ext.W120         26.09.2013       Communication demanding flag day subscription from the Coolies
Ext.W121         July 2008 –      Particulars of Coolies working in Cardiology Deparment
                 Dec 2011
Ext.W122         -

Identity Card issued to the daily rated labour

Ext.W123         22.08.2007       Service Certificate issued to one of the daily rated labour
Ext.W124         26.12.2007       Service Certificate issued to one of the daily rated labour
Ext.W125         19.04.2008       Details of Coolies alongwith Certificate that the engagement was seasonal
Ext.W126         15.07.2009       Information furnished under the RTI Act regarding the particulars of Coolies
Ext.W127         24.02.2010       List of daily rated labourers furnished under the RTI Act.
Ext.W128         21.12.2010       Administration Approval granted for engagement of daily rated labourers
4882 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]
Ext.W129        01.08.2011       Communication containing particulars of trainee staffs
Ext.W130        07.08.2011       Copy of Coolie Voucher
Ext.W131        20.08.2011       Administrative approval for engaging daily rated labourers
Ext.W132        August 2011      Copy of Attendance Register
Ext.W133        08.01.2011       Communication contacting the list of trainees
Ext.W134        04.01.2012       Representation of petitioners
Ext.W135        05.03.2012       Industrial Dispute raised by the petitioner
Ext.W136        30.03.2012       Order of the Provident Fund authorities
Ext.W137        30.03.2012       Order of the Provident Fund authorities
Ext.W138        14.07.2012       Circular issued by the Deputy Director (Admn.), JIPMER, Puducherry-6
Ext.W139        25.07.2012       Communication of the ESI authorities
Ext.W140        02.08.2012       Communication of MRD Department detailing the nature of work
Ext.W141        02.08.2012       Communication  of  Department  of  Transfusion  Medicine  detailing  the  nature  of
                                 work
Ext.W142        03.08.2012       Communication of Department of Radiotherapy detailing the nature of work
Ext.W143        03.08.2012       Communication of Department of Emergency medical detailing the nature of work
Ext.W144        07.08.2012       Circular of the Deputy Director (Admn.) constituting committee of assessment
Ext.W145        23.08.2012       Conciliation proceedings before the Assistant Labour Commissioner, Puducherry
Ext.W146        01.04.2016       List of workmen published by Respondent Management linked with AADHAR

On the Management's side

Ex.No. Date Description

Ext.M1          25.05.2017      Letter of Authorization
Ext.M2          26.11.2013      ALC (Central) Failure Report
Ext.M3          07.01.2014      Vacate Stay Order of Hon'ble High Court, Chennai in WP No. 21975/2013
Ext.M4          14.10.2013      JHEU Letter
Ext.M5          -               Constitution, Bye-Laws, Member list of JHEU
Ext.M6          22.03.2012      JIPMER Memorandum recognizing JHEU with conditions
Ext.M7          -               Proceedings of Conciliation Officer i.e. ALC (Central), Puducherry
Ext.M8          -               Replies filed in WP No. 5929/2012 & WP no. 21975/20132
Ext.M9          14.08.2013      EPF Tribunal, New Delhi Order
Ext.M10         -               Reply  filed  in  OA  No.  310/000149/2014  filed  before  Hon'ble  Central

Administrative Tribunal, Chennai

Ext.M11          31.01.2014      Orders  of  the  Hon'ble  Central  Administrative  Tribunal,  Chennai  in  OA  No.
                                 1660/2013
Ext.M12          -               Model Recruitment Rules for the post of MTS for Group "C" in GP 1800
Ext.M13          -               Copy of the WP filed in WP No. 5929/2012 by Paneerselvam, Executive, Presiding
                                 of JIPMER Hosp. Empl.Union before the Hon'ble High Court, Madras
Ext.M14          -               Copy of the Order passed in WP No. 5929/2012 by the Hon'ble High Court, Madras
                                 dated 21.03.2017
Ext.M15          -               Copy  of  the  Writ  Petition  filed  in  WP  No.  21975/2013  filed  by  Paneerselvam,
                                 Executive  President  of  JIPMER  Hospital  Employees  Union  before  the  Hon'ble
                                 High Court, Madras
Ext.M16          -               Copy  of  the  Order  passed  in  WP  No.  21975/2013  by  the  Hon'ble  High  Court,
                                 Madras dated 21.03.2017
II (ii) 4883

Ext.M17 - Copy of the Writ Petition filed in WP No. 17466/2013 and WP 17467/2013 filed by Paneerselvam, Executive President of JIPMER Hospital Employees Union before the Hon'ble High Court, Madras

Ext.M18 - Copy of the Common Counter Affidavit filed in WP No. 17466/2013 & WP 17467/2013 filed before the Hon'ble High Court, Madras by JIPMER

Ext.M19 - Copy of the Order passed in WP No. 17466/2013 by the Hon'ble High Court, Madras dated 21.03.2017

Ext.M20 - Copy of the Order passed in WP No. 17467/2013 by the Hon'ble High Court, Madras dated 21.03.2017

Ext.M21 - Copy of Writ Petition filed in WP No. 30026/2014 filed by Paneerselvam, Executive President of JIPMER Hospital Employees Union before the Hon'ble High Court, Madras

Ext.M22 - Copy of the Counter Affidavit filed in WP No. 30026/2014 before the Hon'ble High Court, Madras by JIPMER

Ext.M23 - Copy of the Order passed in WP No. 30026/2014 by the Hon'ble High Court, Madras dated 21.03.2017

Ext.M24 - Copy of the Original Petition filed in OA 137/2014 by Kannan & 18 Other before the Hon'ble Central Administrative Tribunal, Madras

Ext.M25 - Copy of the reply filed by JIPMER in OA No. 137/2014 before the Hon'ble Central Administrative Tribunal, Madras by V. Kannan & 19 Others

Ext.M26 - Copy of the Original Petition filed in OA 149/2014 by K. Vinayagam & 2 Others before the Hon'ble Central Administrative Tribunal, Madras

Ext.M27 - Copy of the reply filed in OA 149/2014 filed before the Hon'ble Central Administrative Tribunal, Madras by K. Vinayagam & 2 Others

Ext.M28          -                Copy  of  the  Writ  Petition  filed  in  WP  No.  12038/2015  before  the  Hon'ble  High
                                  Court, Madras by JIPMER
Ext.M29          -                Copy of the Counter Affidavit filed in WP No. 12038/2015 before the Hon'ble High
                                  Court,  Madras  by  K.  Srikanth,  present  General  Secretary  of  JIPMER  Hospital
                                  Employees Union
Ext.M30          -                Copy of the Counter Affidavit filed in WP No. 12038/2015 before the Hon'ble High
                                  Court, Madras by Paneerselvam, President of JIPMER Hospital Employees Union
Ext.M31          -                Copy  of  the  Interim  Orders  passed  in  WP  No.  12038/2015  by  the  Hon'ble  High

Court, Madras on 28.04.2015, 10.08.2015 and 05.11.2015

Ext.M32 - Copy of the Order passed in WP No. 12038/2015 by the Hon'ble High Court, Madras dated 21.03.2017

Ext.M33 - Copy of the CCS (RSA) Rules 1993

Ext.M34 - Copy of the Office Memorandum dated 30.04.2015 issued by JIPMER stating the approval of the New Office bearers and recognizing the JIPMER Hospital Employees Union

Ext.M35 - Copy of the letter dated 21.08.2016 given by the General Secretary of the present recognized JIPMER Hospital Employees Union to the Director, JIPMER to take action against Paneerselvam

Ext.M36 - Copy of the letter dated 23.09.2016 given by the present recognized JIPMER Hospital Employees Union to the Registrar (Judicial), High Court, Madras

Ext.M37 - Copy of the letter dated 14.01.2016 to the President of JIPMER by Paneerselvam, President of a newly formed Union under the name "JIPMER National Importance Hospital Union" seeking recognition of the said Union4884 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] Ext.M38 - Copy of the letter 02.07.2016 to the Director, JIPMER by Paneerselvam, President and General Secretary intimating one day hunger fast on 11.07.2017 under the banner of "JIPMER National Importance Hospital Union"

Ext.M39 - Copy of the Order passed in OA 404/2014 by the Hon'ble Central Administrative Tribunal, Madras dated 09.12.2014.

—

New Delhi, the 31st July, 2017

S.O. 1838.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 47/2017) 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 Director, National Instructional Media Institute, Directorate General of Employment and Training, Chennai and their workman, which was received by the Central Government on 10.07.2017.

[No. L-42012/118/2016-IR (DU)]

RAJENDRA JOSHI, Dy. Director

ANNEXURE

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

CHENNAI

Friday, the 23rd June, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 47/2017

(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 National Instructional Media Institute and their workman)

BETWEEN :

Smt. S. Abithakujambal : 1st Party/Petitioner

AND

: 2nd Party/Respondent

The Director National Instructional Media Institute Directorate General of Employment & Training Post Box No. 3142, CIT Campus, Guindy Industrial Estate Chennai-600032

Appearance :

For the 1st Party/Petitioner        :    In Person
For the 2nd Party/Respondent        :    -

AWARD

The Central Government, Ministry of Labour & Employment, vide its Order No. L-42012/118/2016-IR (DU) dated 09.05.2017. referred the following Industrial Dispute to this Tribunal for adjudication.

II (ii) 4885

The schedule mentioned in that order is :

"Whether the termination of Smt. Abithakujambal by the Management of National Instructional Media

Institute, Government of India, Ministry of Skill Development and Entrepreneurship, Guindy is legal and

justified? If not, to what relief the workman is entitled to?

2. ID 46/2016 filed directly by the petitioner regarding the same subject matter is pending before this Tribunal. The petitioner does not want to proceed with this ID in view of this. She has made endorsement to the effect that she is not pressing this ID

Accordingly the ID is closed.

(Dictated to the P.A., transcribed and typed by him, corrected and pronounced by me in the open court on this the 23rd June, 2017)

K. P. PRASANNA KUMARI, Presiding Officer Witnesses Examined:

For the 1st Party/Petitioner    :    None
For the 2nd Party/Management    :    None

Documents Marked :

On the petitioner's side

Ex.No. Date Description

Nil

On the Management's side

Ex.No. Date Description

Nil —

I New Delhi, the 2nd August, 2017

S.O. 1839.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 8/2012) of the Central Government Industrial Tribunal-cum-Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/149/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 8/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…Workman4886 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Versus

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act), by this Tribunal, vide letter No.L-42011/149/2011- IR(DU) dated 03.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.114950.00 for the period from 06.01.1983 to 17.06.1990 for 12 hours per day instead of 8 hours per day to Shri Raghunath Pandey S/o Shri Inder Pandey is legal and justified? What relief the workman is entitled to?

2. Brief facts giving rise to the present reference are that Shri Raghunath Pandey (in short the claimant) has been working as security guard since July 1980 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure 1 by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since March 1981 to December 1992. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2005 stating that the management owed him an amount of Rs.1,76,066.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter. Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No.15/2006 vide order dated 23.04.2008.

4. Claim was contested by the management who filed written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him.

5. On merits, management has denied the factum of engagement of the claimant with effect from July 1980 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

6. Based on the pleadings of the parties, my learned predecessor vide order dated 12.07.2012 framed the following issues:

(i) Whether an individual dispute has been referred by the appropriate Government for want of espousal of the representative union in the establishment of the management?

(ii) Whether the dispute is stale since it is raised after unexplained delay of 20 years?

(ii) As in terms of reference

7. Various preliminary objections raised by the management was answered in order dated 02.08.2012 when the case was listed for evidence of the claimant.

8. Claimant, in support of his case, examined himself as WW1 and his affidavit is Ex.WW1/A. He has also relied on documents Ex.WW1/1 to Ex.WW1/11. There after case was listed for remaining evidence of the claimant. However, despite various opportunities no other witness of the claimant was produced, hence evidence of the claimantII (ii) 4887 was closed on 11.03.2015. In order to rebut the case of the claimant , management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1.

9. It is pertinent to note here that when the case was at the stage of evidence of the management, claimant on most of the hearings was not present. Even Shri T.P Singh, witness of the management was not cross examined as none was present on behalf of the claimant on 16.02.2017. Even on the previous four dates of hearing, none appeared on behalf of the claimants, which clearly shows that the claimant was no more interested in the matter.

10. I have heard Shri Deepak Kumar Dhingra, A/R for the management.

Findings on Issue No.(i)

11. There is no precise definition of the term espousal under the Act. However, from the various authorities rendered by the court, it is clear that espousal means that the industrial dispute is adopted by the union as its own dispute and considerable number of workmen have given support to the case of an individual claimant. It has been held in the Workers Union Vs.. 7th Industrial Tribunal Calcutta (1994 FLR 701) that once a dispute is referred to a Tribunal by the appropriate Government, presumption would arise that such a dispute is properly espoused through the union. Since the management has not led any specific evidence regarding non-espousal of the present by the union of the claimant and matter has now been referred for adjudication under Section 10 of the Act, as such presumption arises in favour of the claimant.

Findings on Issue No.(ii)

12. It was urged on behalf of the management that reference was made by the Central government is quite late and the claimant has not approached the union at the earliest. This claimant is guilty of delay and laches in approaching the government as well as this court so late. To my mind, there is no merit in the contention of the management and legitimate claims of the parties cannot be defeated purely on legal or trivial grounds by the management by resorting to doctrine of delay and laches. It has been held in the case of Raghubir Singh Vs. General Manager, Haryana roadways (AIR 2014 SC weekly 5515) that reference can be made by the appropriate Government at any time and provisions of Limitation Act do not apply to proceedings under the ID Act. Normally reference made under Section 10 of the Act cannot be rejected by the Tribunal on account of delay and laches and the same view has been taken in Mange lal Vs. State of Himachal Pradesh ( 2016 Lab.IC 380).

13. Yet, again in the case of Sapan Kumar Pandit Vs. Uttar Pradesh State Electricity Board (AIR 2001 SC 2562). Question of limitation or delay and laches was considered. It was a case where Government referred a dispute to the Labour court for adjudication after 17 years from the date of termination of the workman. Management filed writ petition in the High Court seeking quashing of proceedings pending before the Labour Court. High Court quashed the reference made by the Government on the grounds of inordinate delay. However, when matter reached the Hon'ble apex Court, it was found that delay was on account of justified reasons and judgement of the High Court was set aside. There are observations that when a dispute has been referred by way of reference under Section 10 of the Act for adjudication, plea of the management regarding delay and laches, limitation etc. normally is to be rejected. Further, court held that if an industrial dispute is in existence from the date of reference, in that eventuality, power to make reference would always be there despite plea of delay and laches. In the wake of the legal position discussed above, plea of delay and laches raised by the management is without merit and the same is rejected. Issue is, therefore decided in favour of the claimant and against the management.

14. Now, the crucial question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.114950.00 for the period 06.01.1983 to 17.06.1990. It is also not out of place to mention here that services of the claimant was transferred to MCD on 18.06.1990. Thereafter, claimant approached Delhi Development Authority Employees Welfare Council for payment of overtime wages. Shri Raghunath Pandey, while appearing as WW1, admitted in his cross examination that on 18.06.1990, his services were transferred from Delhi Development Authority to MCD. He has further made a vital admission that his personal file as well as service book etc were also sent to MCD on transfer of his services. He also admitted that no written order was issued to him by any officer commanding him to perform overtime work during the period in respect of which he has filed the present claim. Though he further stated that he was marking his attendance in the attendance register regarding overtime work yet there is no record filed by the claimant to prove the same. It is also revealed from the record that an application was filed by the claimant for production of record pertaining to his overtime wages and the same was rejected by my learned predecessor vide order dated 14.11.2013.

15. Admittedly, in the case on hand, as per the case of the claimant, his services were transferred to MCD from Delhi Development Authority on 18.06.1990 and his service record as well as personal file etc., as per his own admission while appearing as WW1, was also transferred to MCD. In that eventuality, proper course for the claimant was to file application against MCD for production of his service record, attendance register, including the register for overtime wages etc, but the claimant has chosen not to follow the required path so as to prove his case against the4888 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] management. During the course of arguments, factum of engagement of the claimant by DDA was not categorically disputed even by the management and thrust of the submission raised on behalf of the management was to the effect that now there is no relationship of employer and employee between the claimant and the management of DDA as services of the claimant stood transferred in 1990 to MCD, which fact has duly been admitted by the claimant in his evidence. Claimant has not impleaded MCD as a party, who was having the attendance as well as other service record of the claimant. Letter/notice Ex.WW1/3 shows that DDA Employees Welfare Council took up the matter of the claimant on 09.07.1991 and submitted the same to the management of DDA whereas his service stood transferred to MCD with effect from 18.06.1990.

16. Claimant has also filed copy of order in LCA No.196/1993 Ex.WW1/8 which was filed by one Shri Lakhan Singh against the management of DDA. A careful perusal of the said letter would show that the claimant Shri Lakhan Singh had also claimed overtime wages which was not paid by the management of DDA. Claim of the workman Shri Lakhan Singh was allowed to the extent of Rs.1,66,206.00 for the period 16.11.1992 to 31.01.1993. However, it is clear that in the said case, claimant has filed all the necessary documents in support of his claim so as to discharge the onus of proving that he has really worked during the said period whereas in the case on hand claimant has not filed any service record or overtime record/attendance record showing that he has really worked overtime during the period for which overtime was being claimed by the claimant.

17. There is another order in LCA No.11/2006 titled 'Raghunath Pandey Vs. DDA' filed by the claimant, which was decided on 23.04.2008, which the claimant had earlier filed. Critical perusal of the above order would show that the claimant had filed application under Section 33 C(2) of the Act against the management of DDA claimant an amount of Rs.1,14,950.00 as dues amount towards overtime wages from 06.01.1983 to 17.06.1990. In the present case also by way of reference, in fact claimant has claimed overtime wages for the same period. The learned Industrial Adjudicator in para 12 of the award Ex.WW1/12 has clearly held that there is nothing on record to show that the claimant was entitled to seek overtime allowances. He has simply placed copy of office order dated 10.05.1995 of Delhi Development Authority which shows that overtime allowance will be paid to the staff who is required to perform duties for more than 8 hours after obtaining prior approval for performance of extra duty from the competent authority. Learned Industrial Adjudicator further observed that this order is of May 1995 whereas the workman has claimed overtime for the period prior to that. This clearly shows that the claimant herein earlier also by way of LCA tried to get payment for overtime work, which was declined by the Labour Court vide order dated 23.04.2008. Thus, the decision rendered by the learned Judge on merits, though it may not constitute resjudicata in the strict sense as the same is in a proceedings under Section 33-C(2) of the Act which is merely in nature of execution proceedings. However, there is adjudication of controversy on merit and order passed by the learned Industrial Adjudicator shows that he has duly considered contentions of both the parties on merits and thereafter passed order Ex.WW1/12. Law is fairly settled that if an order regarding rights of the parties has been made by a competent court in a previous case between the same parties, the same cannot altogether be ignored in subsequent proceedings by the court while deciding same or similar controversy. Even if the order of the Labour Court Ex.WW1/12 is eschewed from consideration, then also case of the claimant cannot legally stand scrutiny of law inasmuch as the claimant has not adduced any cogent or reliable evidence so as to show that he has performed overtime work for the period 06.01.1983 to 17.06.1990. Moreover, from 1983 till 1990 he was in the employment of DDA and thereafter, he ceased to be an employee of DDA as his services stood transferred to MCD. To my mind, MCD was a necessary party for effective adjudication of the controversy and it was necessary for the claimant to have filed relevant record pertaining to attendance as well as overtime work done for the period for which the claimant has claimed overtime wages. Having failed to do so, it is held that claimant has miserably failed to prove that he is entitled for any overtime wages.

18. As a sequel to my discussions herein above, it is held that the action of the management of Delhi Development Authority(DDA) in not paying overtime wages claim of Rs.1,14,950.00 for the period from 06.01.1983 to 17.06.1990 for 12 hours per day instead of 8 hours per day to Raghunath Pandey S/o Shri Inder Pandey is legal and justified. It is further held that the claimant is not entitled to any relief. 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 : July 12, 2017

A. C. DOGRA, Presiding Officer —

II (ii) 4889

I New Delhi, the 2nd August, 2017

S.O. 1840.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 9/2012) of the Central Government Industrial Tribunal-cum-Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/152/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 9/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…Workman

Versus

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act), by this Tribunal, vide letter No.L-42011/152/2011- IR(DU) dated 02.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.176066.00 for the period from 06.03.1981 to 31.12.1992 for 12 hours per day instead of 8 hours per day to Shri Brahm Prakash S/o Shri Chunni Lal is legal and justified? What relief the workman is entitled to?

2. Brief facts giving rise to the present reference are that Shri Brahm Prakash (in short the claimant) has been working as security guard since 06.03.1981 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure 1 by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since March 1981 to December 1992. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2005 stating that the management owed him an amount of Rs.1,76,066.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter.

4890 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No.15/2006 vide order dated 23.04.2008.

4. Claim was contested by the management who filed amended written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him.

5. On merits, management has denied the factum of engagement of the claimant with effect from 06.03.1981 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

6. Based on the pleadings of the parties, my learned predecessor vide order dated 12.07.2012 framed the following issues:

(i) Whether an individual dispute has been referred by the appropriate Government for want of espousal of the representative union in the establishment of the management?

(ii) As in terms of reference

7. Claimant, never entered the witness to testify facts. Hence, he was proceeded ex-parte on 11.03.2015. Management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1.

8. It is pertinent to note here that when the case was at the stage of evidence of the management, claimant on most of the hearings was not present. Even Shri T.P Singh, witness of the management was not cross-examined as none was present on behalf of the claimant on 16.02.2017. Even on the previous four dates of hearing, none appeared on behalf of the claimants, which clearly shows that the claimant was no more interested in the matter.

9. I have heard Shri Deepak Kumar Dhingra, A/R for the management.

Findings on Issue No.1

10. There is no precise definition of the term espousal under the Act. However, from the various authorities rendered by the court, it is clear that espousal means that the industrial dispute is adopted by the union as its own dispute and considerable number of workmen have given support to the case of an individual claimant. It has been held in the Workers Union Vs. 7th Industrial Tribunal Calcutta (1994 FLR 701) that once a dispute is referred to a Tribunal by the appropriate Government, presumption would arise that such a dispute is properly espoused through the union. Since the management has not led any specific evidence regarding non-espousal of the present by the union of the claimant and matter has now been referred for adjudication under Section 10 of the Act, as such presumption arises in favour of the claimant.

Findings on Issue No.2

10. Now, the residual question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.1,76,066.00 for the period 06.03.1981 to 31.12.1992. Since the claimant has never entered the witness box to testify facts despite grant of several opportunities, this Tribunal is of the opinion that the claimant is no more interested in progress of the case on merits. Hence, this Tribunal is left with no other option but to pass a 'No Claim/Dispute Award'. However, it is made clear that there is no adjudication of the case on merits, as such, claimant is still at liberty to agitate his cause in accordance with law 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 : July 13, 2017

A. C. DOGRA, Presiding Officer —

II (ii) 4891

I New Delhi, the 2nd August, 2017

S.O. 1841.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 11/2012) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice-President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/150/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 11/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…Workman

Versus

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (in short the Act), by this Tribunal, vide letter No.L-42011/150/2011- IR(DU) dated 02.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.125750.00 for the period from 18.02.1982 to 31.12.1990 for 12 hours per day instead of 8 hours per day to Shri Parveen Kumar S/o Shri Vedanand is legal and justified? What relief the workman is entitled to?'

2. Brief facts giving rise to the present reference are that Shri Parveen Kumar (in short the claimant) has been working as security guard since 1982 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure 1 by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since 06.01.1983 to 17.06.1990. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2006 stating that the management owed him an amount of Rs.1,14,950.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter.

4892 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No. 20/2006 vide order dated 19.03.2008.

4. Claim was contested by the management who filed written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him. There exists no relationship of employer and employee between the claimant and the management as the claimant is now working with Municipal Corporation of Delhi (MCD) since 1990. Service record of the claimant was also handed over to MCD.

5. On merits, management has denied the factum of engagement of the claimant with effect from 06.03.1981 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

6. It is revealed from record that no specific issue was framed by my learned predecessor and various preliminary objections raised by the management was answered in order dated 01.05.2012 when the case was listed for evidence of the claimant.

7. Claimant, in support of his case, examined himself as WW1 and his affidavit is Ex.WW1/A. He has also relied on documents Ex.WW1/1 to Ex.WW1/13. There after case was listed for remaining evidence of the claimant. However, despite various opportunities no other witness of the claimant was produced, hence evidence of the claimant was closed on 11.03.2015. In order to rebut the case of the claimant , management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1.

8. Now, the crucial question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.125750.00 for the period 18.02.1982 to 31.12.1990. It is also not out of place to mention here that services of the claimant was transferred to MCD on 18.06.1990. Thereafter, claimant approached Delhi Development Authority Employees Welfare Council for payment of overtime wages. Shri Parveen Kumar, while appearing as WW1, admitted in his cross-examination that on 18.06.1990, his services were transferred from Delhi Development Authority to MCD. He has further made a vital admission that his personal file as well as service book etc were also sent to MCD on transfer of his services. He also admitted that no written order was issued to him by any officer commanding him to perform overtime work during the period in respect of which he has filed the present claim. Though he further stated that he was marking his attendance in the attendance register regarding overtime work yet there is no record filed by the claimant to prove the same. It is also revealed from the record that an application was filed by the claimant for production of record pertaining to his overtime wages and the same was rejected by my learned predecessor vide order dated 14.11.2013.

9. Admittedly, in the case on hand, as per the case of the claimant, his services were transferred to MCD from Delhi Development Authority on 18.06.1990 and his service record as well as personal file etc., as per his own admission while appearing as WW1, was also transferred to MCD. In that eventuality, proper course for the claimant was to file application against MCD for production of his service record, attendance register, including the register for overtime wages etc, but the claimant has chosen not to follow the required path so as to prove his case against the management. During the course of arguments, factum of engagement of the claimant by DDA was not categorically disputed even by the management and thrust of the submission raised on behalf of the management was to the effect that now there is no relationship of employer and employee between the claimant and the management of DDA as services of the claimant stood transferred in 1990 to MCD, which fact has duly been admitted by the claimant in his evidence. Claimant has not impleaded MCD as a party, who was having the attendance as well as other service record of the claimant. Letter/notice Ex.WW1/2 shows that DDA Employees Welfare Council took up the matter of the claimant on 09.07.1991 and submitted the same to the management of DDA whereas his service stood transferred to MCD with effect from 18.06.1990.

10. Claimant has also filed copy of order in LCA No.196/1993 Ex.WW1/6 which was filed by one Shri Lakhan Singh against the management of DDA. A careful perusal of the said letter would show that the claimant Shri Lakhan Singh had also claimed overtime wages which was not paid by the management of DDA. Claim of the workman Shri Lakhan Singh was allowed to the extent of Rs.1,66,206.00 for the period 16.11.1992 to 31.01.1993. However, it is clear that in the said case, claimant has filed all the necessary documents in support of his claim so as to discharge the onus of proving that he has really worked during the said period whereas in the case on hand claimant has not filed anyII (ii) 4893 service record or overtime record/attendance record showing that he has really worked overtime during the period for which overtime was being claimed by the claimant.

11. There is another order in LCA No.20/2006 titled 'Parveen Kumar Vs. DDA' filed by the claimant, which was decided on 23.04.2008, which the claimant had earlier filed. Critical perusal of the above order would show that the claimant had filed application under Section 33 C(2) of the Act against the management of DDA claimant an amount of Rs.1,25,750.00 as dues amount towards overtime wages from 1982 to 1990. In the present case also by way of reference, in fact claimant has claimed overtime wages for the same period. The learned Industrial Adjudicator in para 12 of the award Ex.WW1/13 has clearly held that there is nothing on record to show that the claimant was entitled to seek overtime allowances. He has simply placed copy of office order dated 10.05.1995 of Delhi Development Authority which shows that overtime allowance will be paid to the staff who is required to perform duties for more than 8 hours after obtaining prior approval for performance of extra duty from the competent authority. Learned Industrial Adjudicator further observed that this order is of May 1995 whereas the workman has claimed overtime for the period prior to that. This clearly shows that the claimant herein earlier also by way of LCA tried to get payment for overtime work, which was declined by the Labour Court vide order dated 23.04.2008. Thus, the decision rendered by the learned Judge on merits, though it may not constitute resjudicata in the strict sense as the same is in a proceedings under Section 33-C(2) of the Act which is merely in nature of execution proceedings. However, there is adjudication of controversy on merit and order passed by the learned Industrial Adjudicator shows that he has duly considered contentions of both the parties on merits and thereafter passed order Ex.WW1/13. Law is fairly settled that if an order regarding rights of the parties has been made by a competent court in a previous case between the same parties, the same cannot altogether be ignored in subsequent proceedings by the court while deciding same or similar controversy. Even if the order of the Labour Court Ex.WW1/13 is eschewed from consideration, then also case of the claimant cannot legally stand scrutiny of law inasmuch as the claimant has not adduced any cogent or reliable evidence so as to show that he has performed overtime work for the period 1982 to 1990. Moreover, from 1983 till 1990 he was in the employment of DDA and thereafter, he ceased to be an employee of DDA as his services stood transferred to MCD. To my mind, MCD was a necessary party for effective adjudication of the controversy and it was necessary for the claimant to have filed relevant record pertaining to attendance as well as overtime work done for the period for which the claimant has claimed overtime wages. Having failed to do so, it is held that claimant has miserably failed to prove that he is entitled for any overtime wages.

12. As a sequel to my discussions herein above, it is held that the action of the management of Delhi Development Authority(DDA) in not paying overtime wages claim of Rs.1,25,750.00 for the period from 19.02.1982 to 31.12.1990 for 12 hours per day instead of 8 hours per day to Shri Parveen Kumar S/o Shri Vedanand is legal and justified. It is further held that the claimant is not entitled to any relief. 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 : July 13, 2017

A. C. DOGRA, Presiding Officer —

I New Delhi, the 2nd August, 2017

S.O. 1842.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 13/2012) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice-President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/147/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director4894 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 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. 13/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…Workman

Versus

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act), by this Tribunal, vide letter No.L-42011/147/2011- IR(DU) dated 02.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.89150.00 for the period from 01.03.1985 to 31.12.1990 for 12 hours per day instead of 8 hours per day to Shri Vishamber Dayal S/o late Shri Om Prakash Sharma is legal and justified? What relief the workman is entitled to?

2. Brief facts giving rise to the present reference are that Shri Vishamber Dayal (in short the claimant) has been working as security guard since 03.01.1985 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure A by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since 06.01.1983 to 17.06.1990. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2006 stating that the management owed him an amount of Rs.1,14,950.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter. Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No.12/2006 vide order dated 23.04.2008.

4. Claim was contested by the management who filed written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him. There exists no relationship of employer and employee between the claimant and the management as the claimant is now working with Municipal Corporation of Delhi (MCD) since 1990. Service record of the claimant was also handed over to MCD.

5. On merits, management has denied the factum of engagement of the claimant with effect from 06.03.1981 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

II (ii) 4895

6. It is revealed from record that no specific issue was framed by my learned predecessor and various preliminary objections raised by the management was answered in order dated 01.05.2012 when the case was listed for evidence of the claimant.

7. Claimant, in support of his case, examined himself as WW1 and his affidavit is Ex.WW1/A. He has also relied on documents Ex.WW1/1 to Ex.WW1/11. There after case was listed for remaining evidence of the claimant. However, despite various opportunities no other witness of the claimant was produced, hence evidence of the claimant was closed on 11.03.2015. In order to rebut the case of the claimant , management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1..

8. It is pertinent to note here that when the case was at the stage of evidence of the management, claimant on most of the hearings was not present. Even Shri T.P Singh, witness of the management was not cross examined as none was present on behalf of the claimant on 16.02.2017. Even on the previous four dates of hearing, none appeared on behalf of the claimants, which clearly shows that the claimant was no more interested in the matter.

9. I have heard Shri Deepak Kumar Dhingra, A/R for the management.

10. Now, the crucial question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.89,150.00 for the period 01.03.1985 to 31.12.1990. It is also not out of place to mention here that services of the claimant was transferred to MCD in June 1990. Thereafter, claimant approached Delhi Development Authority Employees Welfare Council for payment of overtime wages. Shri Vishamber Dayal, while appearing as WW1, admitted in his cross examination that on 18.06.1990, his services were transferred from Delhi Development Authority to MCD. He has further made a vital admission that his personal file as well as service book etc were also sent to MCD on transfer of his services. He also admitted that no written order was issued to him by any officer commanding him to perform overtime work during the period in respect of which he has filed the present claim. Though he further stated that he was marking his attendance in the attendance register regarding overtime work yet there is no record filed by the claimant to prove the same. It is also revealed from the record that an application was filed by the claimant for production of record pertaining to his overtime wages and the same was rejected by my learned predecessor vide order dated 14.11.2013.

11. Admittedly, in the case on hand, as per the case of the claimant, his services were transferred to MCD from Delhi Development Authority on 18.06.1990 and his service record as well as personal file etc., as per his own admission while appearing as WW1, was also transferred to MCD. In that eventuality, proper course for the claimant was to file application against MCD for production of his service record, attendance register, including the register for overtime wages etc, but the claimant has chosen not to follow the required path so as to prove his case against the management. The claimant has also tendered in evidence memorandum Ex.WW1/1 which shows that the claimant was offered temporary post of W/C Chowkidar in Delhi Development Authority in the pay scale of Rs.196-3-220. Post was purely temporary in nature and the appointment was valid until further orders. During the course of arguments, factum of engagement of the claimant by DDA was not categorically disputed even by the management and thrust of the submission raised on behalf of the management was to the effect that now there is no relationship of employer and employee between the claimant and the management of DDA as services of the claimant stood transferred in 1990 to MCD, which fact has duly been admitted by the claimant in his evidence. Claimant has not impleaded MCD as a party, who was having the attendance as well as other service record of the claimant. Letter/notice Ex.WW1/3 shows that DDA Employees Welfare Council took up the matter of the claimant on 09.07.1991 and submitted the same to the management of DDA whereas his service stood transferred to MCD with effect from 18.06.1990.

12. Claimant has also filed copy of order in LCA No.196/1993 Ex.WW1/6 which was filed by one Shri Lakhan Singh against the management of DDA. A careful perusal of the said letter would show that the claimant Shri Lakhan Singh had also claimed overtime wages which was not paid by the management of DDA. Claim of the workman Shri Lakhan Singh was allowed to the extent of Rs.1,66,206.00 for the period 16.11.1992 to 31.01.1993. However, it is clear that in the said case, claimant has filed all the necessary documents in support of his claim so as to discharge the onus of proving that he has really worked during the said period whereas in the case on hand claimant has not filed any service record or overtime record/attendance record showing that he has really worked overtime during the period for which overtime was being claimed by the claimant.

13. There is another order in LCA No.18/2006 titled 'Bishambar Dayal Vs.. Delhi Development Authority' filed by the claimant, which was decided on 23.04.2008, which the claimant had earlier filed. Critical perusal of the above order would show that the claimant had filed application under Section 33 C(2) of the Act against the management of DDA claimant an amount of Rs.89,150.00 as dues amount towards overtime wages from 01.03.1985 to 31.12.1990. In the present case also by way of reference, in fact claimant has claimed overtime wages for the same period. The learned Industrial Adjudicator in para 12 of the award Ex.WW1/11 has clearly held that there is nothing on record to show that the claimant was entitled to seek overtime allowances. He has simply placed copy of office order dated 10.05.1995 of Delhi Development Authority which shows that overtime allowance will be paid to the staff who is required to perform4896 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] duties for more than 8 hours after obtaining prior approval for performance of extra duty from the competent authority. Learned Industrial Adjudicator further observed that this order is of May 1995 whereas the workman has claimed overtime for the period prior to that. This clearly shows that the claimant herein earlier also by way of LCA tried to get payment for overtime work, which was declined by the Labour Court vide order dated 23.04.2008. Thus, the decision rendered by the learned Judge on merits, though it may not constitute resjudicata in the strict sense as the same is in a proceedings under Section 33-C(2) of the Act which is merely in nature of execution proceedings. However, there is adjudication of controversy on merit and order passed by the learned Industrial Adjudicator shows that he has duly considered contentions of both the parties on merits and thereafter passed order Ex.WW1/11. Law is fairly settled that if an order regarding rights of the parties has been made by a competent court in a previous case between the same parties, the same cannot altogether be ignored in subsequent proceedings by the court while deciding same or similar controversy. Even if the order of the Labour Court Ex.WW1/11 is eschewed from consideration, then also case of the claimant cannot legally stand scrutiny of law inasmuch as the claimant has not adduced any cogent or reliable evidence so as to show that he has performed overtime work for the period 01.03.1985 to 31.12.1990. Moreover, from 1983 till 1990 he was in the employment of DDA and thereafter, he ceased to be an employee of DDA as his services stood transferred to MCD. To my mind, MCD was a necessary party for effective adjudication of the controversy and it was necessary for the claimant to have filed relevant record pertaining to attendance as well as overtime work done for the period for which the claimant has claimed overtime wages. Having failed to do so, it is held that claimant has miserably failed to prove that he is entitled for any overtime wages.

14. As a sequel to my discussions herein above, it is held that the action of the management of Delhi Development Authority(DDA) in not paying overtime wages claim of Rs.89,150.00 for the period from 01.03.1985 to 31.12.1990 for 12 hours per day instead of 8 hours per day to Shri Vishamber Dayal S/o late Shri Om Prakash Sharma is legal and justified. It is further held that the claimant is not entitled to any relief. 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 : July 13, 2017

A. C. DOGRA, Presiding Officer —

I New Delhi, the 2nd August, 2017

S.O. 1843.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 16/2012) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/144/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 16/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…WorkmanII (ii) 4897

Versus

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act), by this Tribunal, vide letter No.L-42011/144/2011- IR(DU) dated 02.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.166612.00 for the period from 06.03.1984 to 21.05.1993 for 12 hours per day instead of 8 hours per day to Shri Ranbir Singh S/o Shri Bani Singh is legal and justified? What relief the workman is entitled to?'

2. Brief facts giving rise to the present reference are that Shri Ranbir Singh (in short the claimant) has been working as security guard since 06.03.1984 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure 1 by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since March 1981 to December 1992. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2005 stating that the management owed him an amount of Rs.1,76,066.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter. Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No.15/2006 vide order dated 23.04.2008.

4. Claim was contested by the management who filed amended written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him.

5. On merits, management has denied the factum of engagement of the claimant with effect from 06.03.1981 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

6. Based on the pleadings of the parties, my learned predecessor vide order dated 12.07.2012 framed the following issues:

(i) Whether an individual dispute has been referred by the appropriate Government for want of espousal of the representative union in the establishment of the management?

(ii) As in terms of reference

7. Claimant, never entered the witness to testify facts. Hence, he was proceeded ex-parte on 11.03.2015. Management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1.

8. It is pertinent to note here that when the case was at the stage of evidence of the management, claimant on most of the hearings was not present. Even Shri T.P Singh, witness of the management was not cross examined as none was4898 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] present on behalf of the claimant on 16.02.2017. Even on the previous four dates of hearing, none appeared on behalf of the claimants, which clearly shows that the claimant was no more interested in the matter.

9. I have heard Shri Deepak Kumar Dhingra, A/R for the management.

Findings on Issue No.1

10. There is no precise definition of the term espousal under the Act. However, from the various authorities rendered by the court, it is clear that espousal means that the industrial dispute is adopted by the union as its own dispute and considerable number of workmen have given support to the case of an individual claimant. It has been held in the Workers Union Vs.. 7th Industrial Tribunal Calcutta (1994 FLR 701) that once a dispute is referred to a Tribunal by the appropriate Government, presumption would arise that such a dispute is properly espoused through the union. Since the management has not led any specific evidence regarding non-espousal of the present by the union of the claimant and matter has now been referred for adjudication under Section 10 of the Act, as such presumption arises in favour of the claimant.

Findings on Issue No.2

10. Now, the only question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.166612.00 for the period 06.03.1984 to 21.05.1993. Since the claimant has never entered the witness box to testify facts despite grant of several opportunities, this Tribunal is of the opinion that the claimant is no more interested in progress of the case on merits. Hence, this Tribunal is left with no other option but to pass a 'No Claim/Dispute Award'. However, it is made clear that there is no adjudication of the case on merits, as such, claimant is still at liberty to agitate his cause in accordance with law 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 : July 13, 2017

A. C. DOGRA, Presiding Officer —

I New Delhi, the 2nd August, 2017

S.O. 1844.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 17/2012) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Vice President, Delhi Development Authority, Vikas Sadan, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/148/2011-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 17/2012

Shri Ramdas Yadav, authorized representative, Delhi State General Mazdoor Union (Regd.), House No. F-235, Vijay Vihar, Phase I, Delhi-110 085

…Workman

Versus

II (ii) 4899

The Vice President, Delhi Development Authority, Vikas Sadan, New Delhi

…Management

AWARD

A reference was received from Ministry of Labour under Clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act), by this Tribunal, vide letter No.L-42011/148/2011- IR(DU) dated 02.01.2012, for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of Delhi Development Authority(DDA) in not paying the OT wages claim of Rs.114950.00 for the period from 06.01.1993 to 17.06.1990 for 12 hours per day instead of 8 hours per day to Shri Satish Kumar, S/o Shri Dharm Singh is legal and justified? What relief the workman is entitled to?'

2. Brief facts giving rise to the present reference are that Shri Satish Kumar (in short the claimant) has been working as security guard since 06.01.1983 with Delhi Development Authority( in short the management) and was appointed vide letter Annexure A by Director (Horticulture), Delhi Development Authority, Rohini Office Complex, Delhi. Claimant had to work for 8 hours per day but the management used to take work from the claimant for 12 hours since 06.01.1983 to 17.06.1990. However, the claimant was being paid wages only for 8 hours instead of 12 hours. Thus, he was not being paid overtime for four hours by the management. Letter was also sent regarding payment of overtime wages by DDA Employees Welfare Council to the management on 09.07.1991.

3. It is the case of the claimant that he came to know in December 2006 that one of his co-workers Shri Lakhan Singh, who was also appointed by the management and had rendered service with the management at several places was also working for 12 hours, was paid overtime wages by the management as per award dated 17.03.2004 passed by Shri D.K. Malhotra, Presiding Officer, Labour Court No.4, Karkardooma Courts, Delhi in L.C.A. No.196/1003 (Annexure 3). Thereafter, the claimant contacted other co-workers also and served demand notice /letter to the management in December 2006 stating that the management owed him an amount of Rs.1,14,950.00 overtime wages for which the claimant has rendered from the month of March 1981 to December 1992. Attendance of the claimant was also marked in the attendance register during his duty hours inside Godown. Demand notice was served upon the management for adjudication of the dispute through DDA Employees Welfare Council on 09.07.1991 and office order dated 10.05.1995 was also issued by the management but no overtime wages was given to the claimant even thereafter. Calculation of dues for overtime by the claimant is fully detailed in Annexure 4. Without considering the case of the claimant, the court in rejected the LCA application No.12/2006 vide order dated 23.04.2008.

4. Claim was contested by the management who filed written statement thereto, taking various preliminary objections, inter alia of resjudicata, maintainability, delay & laches etc. It was specifically averred that the rules prescribed for overtime is fully detailed in Rule 5 of Work Charge Manual-3 of CPWD manual. Claimant was never engaged for performing overtime work in the manner alleged by him. There exists no relationship of employer and employee between the claimant and the management as the claimant is now working with Municipal Corporation of Delhi (MCD) since 1990. Service record of the claimant was also handed over to MCD.

5. On merits, management has denied the factum of engagement of the claimant with effect from 06.03.1981 as Security Guard. In fact, the claimant was engaged on muster roll as Mali Chowkidar and his work primarily was to take care of the park. Salary was paid for the work charge post as per CPWD Manual. It is also denied that the claimant has worked for more than 8 hours with the management or performed any kind of overtime duty. There was no office order regarding performing of over time due and needful is detailed, as mentioned above, in the work charge manual of CPWD. There is prescribed format under Rule 5 for the same which is to be followed by the management. Since the claimant did not perform any overtime duty, as such, the question of payment of overtime allowance does not arise.

6. It is revealed from record that no specific issue was framed by my learned predecessor and various preliminary objections raised by the management was answered in order dated 01.05.2012 when the case was listed for evidence of the claimant.

7. Claimant, in support of his case, examined himself as WW1 and his affidavit is Ex.WW1/A. He has also relied on documents Ex.WW1/1 to Ex.WW1/13. In order to rebut the case of the claimant , management examined Shri T.P. Singh, Deputy Director as MW1, whose affidavit is Ex.MW1/A. He also tendered order dated 18.06.1990 as Ex.MW1/1.

8. It is pertinent to note here that when the case was at the stage of evidence of the management, claimant on most of the hearings was not present. Even Shri T.P Singh, witness of the management was not cross examined as none was present on behalf of the claimant on 16.02.2017. Even on the previous four dates of hearing, none appeared on behalf of the claimants, which clearly shows that the claimant was no more interested in the matter.

4900 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

9. I have heard Shri Deepak Kumar Dhingra, A/R for the management.

10. Now, the crucial question before this Tribunal is as to whether the claimant is entitled for payment of overtime wages of Rs.1,14,950.00 for the period 06.01.1993 (it should have been 06.01.1983) to 17.06.1990. It is also not out of place to mention here that services of the claimant was transferred to MCD on June 1990. Thereafter, claimant approached Delhi Development Authority Employees Welfare Council for payment of overtime wages. Shri Satish Kumar, while appearing as WW1, admitted in his cross examination that on 18.06.1990, his services were transferred from Delhi Development Authority to MCD. He has further made a vital admission that his personal file as well as service book etc were also sent to MCD on transfer of his services. He also admitted that no written order was issued to him by any officer commanding him to perform overtime work during the period in respect of which he has filed the present claim. Though he further stated that he was marking his attendance in the attendance register regarding overtime work yet there is no record filed by the claimant to prove the same. It is also revealed from the record that an application was filed by the claimant for production of record pertaining to his overtime wages and the same was rejected by my learned predecessor vide order dated 14.11.2013.

11. Admittedly, in the case on hand, as per the case of the claimant, his services were transferred to MCD from Delhi Development Authority on 18.06.1990 and his service record as well as personal file etc., as per his own admission while appearing as WW1, was also transferred to MCD. In that eventuality, proper course for the claimant was to file application against MCD for production of his service record, attendance register, including the register for overtime wages etc, but the claimant has chosen not to follow the required path so as to prove his case against the management. The claimant has also tendered in evidence memorandum Ex.WW1/1 which shows that the claimant was offered temporary post of W/C Chowkidar in Delhi Development Authority in the pay scale of Rs.196-3-220. Post was purely temporary in nature and the appointment was valid until further orders. During the course of arguments, factum of engagement of the claimant by DDA was not categorically disputed even by the management and thrust of the submission raised on behalf of the management was to the effect that now there is no relationship of employer and employee between the claimant and the management of DDA as services of the claimant stood transferred in 1990 to MCD, which fact has duly been admitted by the claimant in his evidence. Claimant has not impleaded MCD as a party, who was having the attendance as well as other service record of the claimant. Letter/notice Ex.WW1/2 shows that DDA Employees Welfare Council took up the matter of the claimant on 09.07.1991 and submitted the same to the management of DDA whereas his service stood transferred to MCD with effect from 18.06.1990.

12. Claimant has also filed copy of order in LCA No.196/1993 Ex.WW1/6 which was filed by one Shri Lakhan Singh against the management of DDA. A careful perusal of the said letter would show that the claimant Shri Lakhan Singh had also claimed overtime wages which was not paid by the management of DDA. Claim of the workman Shri Lakhan Singh was allowed to the extent of Rs.1,66,206.00 for the period 16.11.1992 to 31.01.1993. However, it is clear that in the said case, claimant has filed all the necessary documents in support of his claim so as to discharge the onus of proving that he has really worked during the said period whereas in the case on hand claimant has not filed any service record or overtime record/attendance record showing that he has really worked overtime during the period for which overtime was being claimed by the claimant.

13. There is another order in LCA No.12/2006 titled 'Satish Kumar Vs.. Delhi Development Authority' filed by the claimant, which was decided on 23.04.2008, which the claimant had earlied filed. Critical perusal of the above order would show that the claimant had filed application under Section 33 C(2) of the Act against the management of DDA claimant an amount of Rs.1,14,950.00 as dues amount towards overtime wages from 06.01.1983 to 17.06.1990. In the present case also by way of reference, in fact claimant has claimed overtime wages for the same period. The learned Industrial Adjudicator in para 12 of the award Ex.WW1/13 has clearly held that there is nothing on record to show that the claimant was entitled to seek overtime allowances. He has simply placed copy of office order dated 10.05.1995 of Delhi Development Authority which shows that overtime allowance will be paid to the staff who is required to perform duties for more than 8 hours after obtaining prior approval for performance of extra duty from the competent authority. Learned Industrial Adjudicator further observed that this order is of May 1995 whereas the workman has claimed overtime for the period prior to that. This clearly shows that the claimant herein earlier also by way of LCA tried to get payment for overtime work, which was declined by the Labour Court vide order dated 23.04.2008. Thus, the decision rendered by the learned Judge on merits, though it may not constitute resjudicata in the strict sense as the same is in a proceedings under Section 33-C(2) of the Act which is merely in nature of execution proceedings. However, there is adjudication of controversy on merit and order passed by the learned Industrial Adjudicator shows that he has duly considered contentions of both the parties on merits and thereafter passed order Ex.WW1/13. Law is fairly settled that if an order regarding rights of the parties has been made by a competent court in a previous case between the same parties, the same cannot altogether be ignored in subsequent proceedings by the court while deciding same or similar controversy. Even if the order of the Labour Court Ex.WW1/13 is eschewed from consideration, then also case of the claimant cannot legally stand scrutiny of law inasmuch as the claimant has not adduced any cogent or reliable evidence so as to show that he has performed overtime work for the period 06.01.1983 to 17.06.1990. Moreover, from 1983 till 1990 he was in the employment of DDA and thereafter, he ceased to be an employee of DDA as his services stoodII (ii) 4901 transferred to MCD. To my mind, MCD was a necessary party for effective adjudication of the controversy and it was necessary for the claimant to have filed relevant record pertaining to attendance as well as overtime work done for the period for which the claimant has claimed overtime wages. Having failed to do so, it is held that claimant has miserably failed to prove that he is entitled for any overtime wages.

14. As a sequel to my discussions herein above, it is held that the action of the management of Delhi Development Authority(DDA) in not paying overtime wages claim of Rs.1,14,950.00 for the period from 06.01.1993 (in fact it should have been 06.01.1983) to 17.06.1990 for 12 hours per day instead of 8 hours per day to Shri Satish Kumar S/o late Shri Dharam Singh is legal and justified. It is further held that the claimant is not entitled to any relief. 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 : July 13, 2017

A. C. DOGRA, Presiding Officer —

I New Delhi, the 2nd August, 2017

S.O. 1845.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 33/2015) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Executive Engineer (C) , CPWD, Ghaziabad Central Electrical Division, Hindon Airfield, Uttar Pradesh and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/125/2014-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 33/2015

Shri Brij Kishore Sharma, Motor Lorry Driver, C/o All India CPWD (MRM) Karamchari Sangathan (Regd.), House No. 4823, Gali No.13, Balbir Nagar Extension, Shahdara, Delhi – 110 032

…Workman

Versus

The Executive Engineer (E), CPWD, Ghaziabad Central Electrical Division, Hindon Airfield, Ghaziabad, Uttar Pradesh – 201 004

…Management

AWARD

A reference was received from Ministry of Labour, Government of India vide Letter No.L-42011/125/2014- IR(DU) dated 13.01.2015 under clause (d) of sub-section(1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as under:

'Whether the workman is entitled for grant of promotion with effect from 11.05.2005 when he passed the trade test and considering the genuity of Iris driving licence? And if so what benefit he is entitled to?'4902 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 2. It is clear from the statement of claim that Shri Brij Kishore Sharma (in short the claimant) was appointed as khalasi on 23.01.1995 with Central Public Works Department (in short the management ). At the time of joining, the claimant was holding a valid driving licence issued by appropriate authority under Central Motor Vehicle Rules, 1989. Claimant had also passed departmental trade test for the post of Motor Lorry Driver (M.L.D.) on 11.05.2005 as is clear from Annexure II. There were 3 vacant posts of MLD available with the management in the year 2006-06, as is clear from record and Superintending Engineer(Electrical) had written letter dated 24.07.2006 to the Deputy Director (Admn.) for revival of 3 vacant post of MLD as is evident from Annexure IV.

3. It is the case of the claimant that DPC Committee constituted for the promotion of claimant had rejected his case on the ground that the claimant is not eligible for promotion to the post of MLD as per provisions of CPWD Manual Volume III. The claimant made a representation to the Department for promoting him as MLD as he was eligible for the same and it was stated by the Superintending Engineer that driving licence of the claimant is not correct, hence he could not be promoted, as is evidence from Annexure VII. Thereafter, claimant lodged a written complaint to the Transport Officer, Ghaziabad requesting him to clarify regarding the licence held by him. Transport Authority returned the letter to the claimant after making endorsement on the original that licence issued to the claimant is a correct and valid licence, as is evidence from Annexure VIII. The DPC Committee constituted for the purpose on 30.08.2007 again rejected the case of the claimant stating that the claimant is not eligible for promotion to the post of ML Das per provisions of CPWD Manual Volume III and copy of letter dated 14.09.2007 is Annexure IX. Again, the claimant made a representation on 22.09.2007, which is self-explanatory and claimant has clearly stated that he is holding valid documents which makes him eligible for the promotion to the post of MLD. It is also alleged by the claimant that the management had granted 1st ACP benefits to the claimant on completion of 12 years of service from 21.01.2007 in the pay scale of Rs.3050-4590, which is the pay scale of MLD on the basis of trade test passed by the claimant on 11.05.2005 and copy of the order dated 16.10.2007 is annexure XIII. The management had again informed the claimant vide letter dated 18.12.2007 that his case has been rejected the case of the claimant on the plea that he is not eligible for promotion to the post of MLD as per provisions of CPWD Manual Volume III. Again a representation was made by the claimant on 26.11.2007 wherein request was made to the management to reconsider the case of the claimant for promotion to the post of MLD as is clear from letter dated 26.11.2007. Management on 17.04.2008 promoted the claimant to the post of MLD on the basis of trade test passed by him on 11.05.2005 and the licence he was holding in the year 2005. Even on that date, licence was the same and claimant should have been promoted to the post of MLD at that time. Claimant again made a representation vide letter dated 17.05.2008 for promoting him to the post of MLD from the previous date as mentioned above. However, the same was rejected by the management with the remarks that he cannot be promoted from the date of passing trade test and his promotion date shall remain 17.04.2008. The claimant made representations on 28.06.2008 and 01.01.2009 as is clear from Annexure 18. The claimant made further representation vide letter dated 15.11.2011 requesting the management for shifting his date of promotion to 11.05.2005 instead of 17.04.2008 but of no use. Hence, the present reference.

4. Claim was contested by the management and it is pertinent to note that no para has been specifically denied by the management and against each and every para, it is mentioned 'No comments, being matter of record. Anything contrary is denied'. In para 14, it is alleged that grant of ACP does not confer any right upon the claimant to get promotion from the date of passing of trade test on the respective date as the claimant was given ACP as per rules and claimant was promoted to the post on the recommendations of DPC on 24.03.2008 and hence there is no question of promotion prior to issuance of promotion order with effect from 17.04.2008. In this regard, reference has been made to judgement dated 12.02.2007 in Civil Appeal No.689/2007) arising out of SLP(C) No.2410 of 2007 in the matter of UOI Vs.. SL Goel & others, wherein Hon'ble Apex Court observed as under:

"the DPC enjoys full discretion to devise its method and procedure for objective assessment of suitability and merit of the candidate being considered by it. Hence, the interference by High Court is not called for."

5. Further in para 19 it is alleged that it is not mandatory to grant promotion from the date of passing trade test unless post is vacant and applicant fulfills all norms of promotion as per Recruitment Rules given therein in CPWD Manual III. Further it is clearly mentioned on letter No.10(2)/ODEC/1651-H dated 16.05.2005 vide which result of trade test was declared that after passing the trade test, the workmen confer no right to get promotion. They shall be promoted on their turn.

6. Rejoinder was filed by the claimant to the reply filed by the management reiterating the stand taken in their statement of claim and denied the material averments contained in the written statement.

7. It is pertinent to note here that this Tribunal, vide order dated 02.11.2015, observed that there is no need to frame any specific issue in the light of the stand taken by the management and only the reference made by the appropriate Government requires adjudication by this Tribunal.

8. Both parties were granted opportunity to adduce evidence in support of the stand taken by them in their respective pleadings and the claimant in support of his case examined himself as WW1 and tendered his affidavitII (ii) 4903 Ex.WW1/A. He also tendered in evidence documents Ex.WW1/1 to Ex.WW1/22. Management in order to rebut the case of the claimant examined Shri A.K. Nagpal, whose affidavit is Ex.MW1/A. Alongwith this affidavit, he also tendered document Ex.MW1/1.

9. I have heard Shri Satish Kumar Sharma, A/R for the claimant and Shri Sandeep Tyagi, A/R for the management.

10. The only moot question which requires determination in the present case is whether the claimant is entitled for grant of promotion to the post of MLD with effect from 11.05.2005 when he passed the Trade Test. In this regard, it is appropriate to refer to the material facts which have emerged from the pleadings as well as evidence on record.

11. It is clear from pleadings as well as evidence on record that the claimant joined the management as khalasi on 23.01.1995. This fact has not been disputed by the learned A/R for the management during the course of arguments and even the stand of the management before Regional Labour Commissioner was also the same to the effect that the claimant herein was not holding licence for heavy transport vehicle in the year 2005, as such, the claim of the claimant was rightly rejected by the DOPC. Licence of the claimant is Ex.WW1/1 which clearly shows that initially licence was valid only for motor cycle and LMV only. WW1/2 is copy of letter issued by the Government of India which shows that the claimant has appeared in the trade test held on 11.05.2005 for the post of MLD in 75% quota. In this letter date of appointment of the claimant is shown as 23.01.1995 and in the result column, there is mention of the word 'passed'. There is a letter Ex.WW1/3 which shows the vacancy position as well as post held by the workmen under the management. There is another letter Ex.WW1/4 which shows that the department has also written letter for filling up the vacant post of MLD which are lying vacant for more than a year. Request has been made in the matter for revival of the said posts. Letter Ex.WW1/5 is crucial letter which shows that the DPC has found the claimant herein to be unfit for the post of KLD as per CPWD Manual Volume III. Letter Ex.WW1/6 is in fact addressed by the claimant to the Executive Engineer wherein representation has been made regarding outcome of the result of DPC wherein the case of the claimant was rejected. Letter Ex.WW1/7 again mentions that the claimant has not been found fit by the DPC for the post of MLD as his licence is for HMV has not been found to be valid.

12. During the course of arguments on behalf of the management it was strongly urged that licence of the claimant herein was not valid for HMV, as such in theyear 2005 he could not have been promoted to the post of MLD. To my mind there is no merit in this contention inasmuch as the claimant has also approached the transport authority regarding verification of his licence. Transport Authority vide letter Ex.WW1/8 on the application written by the claimant herein has made endorsement dated 24.09.2007, which clearly shows that on verification, licence of the claimant herein was initially issued by the transport authority for motorcycle and LMV and on 08.11.2002 endorsement was made for HMV on the said licence. Thus, as per this report, claimant was duly qualified to drive heavy motor vehicle.

13. Claimant has also received letter Ex.WW1/9 from the management wherein again mention has been made that as per CPWD Manual Volume III claimant has not been found eligible for promotion to the post of MLD. There is another letter Ex.WW1/10 written by the claimant to the management which again highlights the fact that the claimant has passed intermediate examination also and he was holding a valid driving licence. Claimant has annexed copy of the same with the application. However, management has taken the same stand that he was not found eligible by DPC for promotion to the post of MLD and this fact is amply clear from the correspondence between the claimant and the management vide letters Ex.WW1/12 to Ex.WW1/18. However, it was also not disputed from either side vide office order Ex.WW1/13, ACP was granted to the claimant by the management in the pay scale of Rs.3050-755-3950-80- 4590. Stand of the management from the written statement as well as documents filed by the management is only that the claimant was not eligible as per CPWD Manual Volume III. It was also urged that not only the licence but there are other conditions which are required to be fulfilled for being promoted to the post of MLD, ie.. he must have the requisite ability to read and write etc. To my mind, there is no merit in the contention of the management as it is evidence from the voluminous evidence produced by the claimant that his case was simply rejected on the sole ground that he was not holding valid licence for HMV. It is apparent from Ex.WW1/8 has clarified that from 08.11.2002 claimant was holding valid licence for driving HMV. It is not out of place to mention here that the DPC has nowhere stated in any of its letters that the claimant herein was not possessing other requisite qualification except for the fact that he was not holding a valid licence for driving HMV. Therefore, it does not lie in the mouth of the management to say that the claimant was not possessing other qualification for promotion to the post of MLD as per CPWD Manual Volume III. There is no other qualification prescribed for being promoted to the post of MLD and the qualification contained in Volume III Annexure A clearly shows that the candidate must have ability to read and write. He must possess driving licence for HMV and driving and overhauling and repairs experience for a period of atleast 5 years of which atleast 3 years should be of heavy motor vehicle.

14. As discussed above, it is not the case of the management that the claimant was not having experience of 5 years/3 years in heavy motor vehicle, as such, the case of the claimant could not be considered. The only reason given in the various letters mentioned above by the management is that he was not having valid driving licence for driving heavy motor vehicle, which fact is proved otherwise from letter Ex.WW1/8.

4904 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

15. Admittedly, the post of MLD was lying vacant even in the year 2005 when the claimant herein has passed the necessary trade test for the purpose of promotion to MLD. I have carefully gone through the judgement of Hon'ble Apex Court in the case of Union of India Vs.. Majri Jungamayyer & others (1977) AISLJ SC 90 (Page 10) relied by the management and the same is of very little help so far as the case of the claimant is concerned. It is clear from the ratio of the above judgement that no employer has any right to have vacancy in the higher post filled as soon as vacancy exists and Government can keep the post unfilled as long as it chooses. However, in the present case Government has not taken policy decision that the particular post would be left vacant. Rather, claim of the claimant has been rejected for promotion to the post of MLD on the same ground time and again, i.e. that his licence was not valid for HMV, which fact has been proved otherwise. Moreover, the authority who can say anything regarding validity of the licence of the claimant, for that matter any licence issued under the Motor Vehicle Act, is the licencing authority of that region who has issued the licence and the management is not the final authority to say anything regarding validity or non-validity of such a licence. Admittedly, the claimant has passed trade test as per letter dated 16.08.2005 Ex.WW1/2 and there is no evidence on record to show that there was any other candidate senior to the claimant herein who were entitled for promotion instead of the claimant. Letter Ex.WW1/6 shows that the department has given promotion to the claimant as MLD on 17.04.2008 whereas the claimant was eligible and post was vacant even in the year 2005 when he qualified the trade test vide Ex.WW1/2.

16. Net result of the above discussion is that the rejection of the claim of the claimant by the management for grant of promotion with effect from 11.05.2005 on the ground that he was not holding valid driving licence is, hereby rejected.

17. As a sequel to my above discussion, it is held that the claimant is entitled to the promotion of MLD with effect from 11.05.2005. As a necessary corollary, it is held that he is also entitled for difference in the salary from 11.05.2005. 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 : July 17, 2017

A. C. DOGRA, Presiding Officer —

I New Delhi, the 2nd August, 2017

S.O. 1846.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 235/2015) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Commissioner, East Delhi Municipal Corporation, Shahdara, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/137/2015-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 235/2015

Shri Sukhdev S/o late Shri Net Ram, represented by MCD General Mazdoor Union, Room No.95, Barrack No.1/10, Jam Nagar House, Shah Jehan Road, New Delhi

…WorkmanII (ii) 4905

Versus

The Commissioner, East Delhi Municipal Corporation, Udyog Sadan, Plot No.419, Patparganj Industrial Area, Shahdara, New Delhi-110 092

…Management

AWARD

Reference under Section 10 sub section (2A) of the Industrial Disputes Act, 1947(in short the Act) was received from the Central Government, Ministry of Labour and Employment vide it orders No.L-42011/137/2015-IR(DU) dated 02.11.2015 for adjudication of an industrial dispute with the following terms:

'Whether the action of the management of East Delhi Municipal Corporation, in not promoting Shri Sukh Dev S/o late Shri Net Ram as Chaudhary in the pay scale of Rs.3050-4590 revised from time to time with effect from 15.04.2002 is fair and legal? If not, to what relief the workman is entitled to and from which date?'

2. Both the parties were put to notice and the workman Shri Sukh Dev filed his statement of claim, wherein it is alleged that he has been allotted work of Chaudhary with effect from 15.04.2002 by the competent officers of Horticulture Department and ws posted under Shahdara South Zone. However, he has been denied pay scale of Chaudhary, revised from time to time. The workman has got payment of salary in the lower pay scale of mali, i.e. Rs.2550-3200 instead of Rs.950-1350-4590 revised from time to time and has been denied the scale of Chaudhary, effect from 15.04.2002. Action of the management is alleged to be illegal & unjustified and amounts to unfair labour practice.

3. It is also averred in para 8 of the statement of claim that Hon'ble High Court, Delhi, in the matter of Jai Chand Vs. Municipal Corporation of Delhi (CW 6514/2001) has disapproved the non-payment of wages for those malis who are working on the post of Chaudhary vide its judgement dated 02.05.2003. After the above judgement of the Hon'ble Court, Municipal Corporation of Delhi (Horticulture Department) has also issued order No.ADC(Hor.)/AO(Hort)/DA- VII/05/457 dated 04.03.2005 (Annexure B). There is also reference to the judgment of Division Bench of High Court of Delhi in the matter of Municipal Corporation of Delhi Vs.. Sultan Singh wherein also plea of the MCD regarding non-payment of wages of Chaudhary to malis who are doing working of Chaudhary, was turned down by the Hon'ble High Court in judgement dated 27.07.2011.

4. It is also averred that similar situated workmen who were performing duty of Chaudhary were granted pay scale of Chaudhary from the date when they were asked to perform duty on the higher post and management has challenged the order dated 27.07.2011 of the Labour Court in the matter of MCD Vs. Sultan Singh as well as before the Hon'ble Supreme Court of India by Special Leave to Appeal No.S 20069/2011 and the plea by MCD has been dismissed by both, before the High Court as well as the Hon'ble Supreme Court. Workman, herein, is also similarly situated and doing work of Chaudhary and as such, entitled to same benefits. Finally, it is prayed that an award may be passed in his favour.

5. Management has demurred claim of the workman by taking preliminary objections, inter alia, present dispute not being an industrial dispute as there is no espousal & no demand notice has been served upon the management, claim being misconceived, claim being stale etc. In para 5 of the preliminary objection, it is admitted that the workman herein was engaged on the post of mali on muster roll basis and was later on regularized on the same post of mali. There is prescribed procedure for promotion to the post of Garden Chaudhary and there must be sanctioned/vacant post of Garden Chaudhary to which the workman can lay claim when he has passed trade test conducted by the department. Claimant has not passed the said trade test nor is he performing duties of Garden Chaudhary. The claimant has is simply 10th pass and agriculture is not one of his subjects. It is further alleged that the workman herein is not entitled for any relief on account of delay and laches and reliance is also put on judgements of the Apex Court in the case of 'Nedungadi Bank Limited Vs.. K.P. Madhavankutty & ors' (2002 (2) SC 4) and State Co-op Land Development Bank Vs.. Neelam (2005) 5 SC 91). Management, on merits, have denied material averments. It is also denied that the workman herein was performing duties of Chaudhary with effect from 01.03.1989. Accordingly, it is prayed that claim of the workman herein is liable to be dismissed, being devoid of merits.

6. Against this factual background, based on pleadings of the parties, this Tribunal vide order dated 03.08.2016 framed the following issues:

(i) Whether reference is not maintainable, in view of the various preliminary objections?

(ii) As in terms of reference4906 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Findings on Issue No.(i)

7. Admittedly, in the present case, reference has been made under Section 10 sub Section (2A) of the Act for adjudication. It is now well settled position in law that when a reference has been made for adjudication to the Tribunal or Labour Court, as the case may be, it is paramount duty of the court to decide the same on merits, irrespective of the pleas taken by the management. The dispute in the case in hand cannot be said to be stale for the simple reason that there is no previous adjudication of the matter between the parties from a competent court nor that there is inordinate delay in approaching this Tribunal by the workman.

8. It has been held by the Hon'ble Apex Court in the case of Raghubir Singh Vs.. General Manager (2014) Lab.I.C. 4266 = (2014) 10 SCC 301 that a reference for adjudication to the Industrial Tribunal can be made by the appropriate Government at any time and provisions of Limitation Act does not apply. There are clear observations in the above judgement that industrial dispute is to be decided by the Tribunal or Labour Court on merits, irrespective of the pleadings on limits. Therefore, ratio of law in the case of 'Nedungadi Bank Limited Vs.. K.P. Madhavankutty & ors' (supra) and State Co-op Land Development Bank Vs.. Neelam (supra) is not applicable to the case in hand as there is no inordinate delay nor workman is guilty of delay and laches in approaching the court.

9. It is clear from the preliminary objections taken in the written statement by the management that the management has raised objection that no demand notice has been served upon the management nor the MCD General Mazdoor Union has any locus standi to raise the present dispute as the union is not a recognized union of the management. To my mind, there is no requirement of law that a dispute can be raised only by a recognized union. In this regard, it is appropriate to refer to the judgement of the Hon'ble Apex Court in the case of State of Bihar Vs.. Kripa Shankar Jaiswal (AIR 1961 (2) SC Report 1) wherein also objection was taken on behalf of the management that the union was not a registered under the Trade Union Act on the date of the settlement and said plea was rejected by observing as under:

'Held, that for a dispute to constitute an industrial dispute it is not a requisite condition that it should be sponsored by a recognized union or that all the workmen of an industrial establishment should be parties to it. A settlement arrived at in course of conciliation proceedings falls within Section 18(3)(a) and (d) of the Industrial Disputes Act and as such binds all the workmen though an unregistered union or only some of workmen may have raised the dispute. The absence of notice under Section 11(2) by the Conciliation Officer does not affect the jurisdiction of the conciliation officer and its only purpose is to apprise the establishment that the person who is coming is the conciliation officer and not a stranger. Any contravention of Section 12(6) in not submitting the report within 14 days may be a breach of duty on the part of the conciliation officer ; it does not affect the legality of the proceedings which terminated as provided in Section 20(2) of the Act.

10. Equally merit-less is the plea taken by the management that the present dispute is not sponsored or espoused by substantial number of workmen. It is fairly settled position in law that even non-espousal of a case by the union would not deprive the workman of the relief to which the workman is otherwise entitled under the law. Such view appears to have been taken in the case of Nazrul Hassan Siddiqui Vs.. Presiding Officer, Industrial cum Labour Court Bombay (1997) Lab.I.C. 1807. In the above cited case also contention was raised by the management that the dispute dies not fall within the definition of 'industrial dispute' and the same has not been referred or supported by substantial section of workmen. High Court rejected the plea of the management by placing reliance upon the decision of the Hon'ble Supreme Court in the case of Associated Cement Companies Ltd. (AIR 1960 SC 777), which it was observed as under:

'We have already noticed that an industrial dispute can be raised by a group of workmen or by a union even though neither of them represent the majority of the workmen concerned; in other words, the majority rule on which the appellant's construction of Section 19(6) is based is inapplicable in the matter of the reference under Section 10 of the Act. Even a minority group of workmen can make a demand and thereby raise an industrial dispute which in a proper case would be referred or adjudication under Section 20.'

11. In view of the ratio of the judgement discussed above, it is clear that espousal of a dispute by the union is not sine qua non for adjudication of such dispute in terms of Section 10 of the Act. Consequently, this issue is decided in favour of the workman and against the management.

Findings on Issue No.(ii)

12. Now, the main issue which requires determination in the case in hand is whether the workman herein is entitled for grant of pay scale of 3050-4590 as revised from time to time alongwith consequential benefits. It is clear from pleadings of the parties that initially the workman herein was appointed as mali on daily wage basis and later on he was regularized on the same post of mali in the pay scale of Rs.750-940(pre-revised) alongwith usual allowances. This fact has been admitted even by the management in para 5 of the preliminary objections.

II (ii) 4907

13. There is also ample evidence on record that the workman herein was performing duty as officiating Chaudhary. It is clear from perusal of office order dated 07.07.2004 Ex.WW1/1 (colly) that that name of the claimant finds mention in the list where copy of the office is endorsed to all the Chaudharies. Office order dated 21.05.2009, 27.06.2005, endorsed to all Chaudharys also bears the name of the claimant herein. Corrigendum dated 22.07.2010 Ex.WW1/1(colly) issued by the management regarding allocation of duties to employees bears the name of the claimant at Page No.3 in the third shift and his designation is mentioned as officiating Chaudhary. Claimant, in order to prove his case, has tendered in evidence his affidavit Ex.WW1/A, wherein material averments contained in statement of claim has been reiterated. It is specifically alleged in the affidavit that he was doing work of acting Chaudhary with effect from 15.04.2002. There are also averments in his affidavit that one Shri Jai Chand has also been granted pay scale of Chaudhary by the management of MCD and Sultan Singh and others Vs. MCD, who were doing work of acting Chaudhary , vide judgement of the Hon'ble High Court, i.e. in the case of MCD Vs.. Sultan Singh & others and necessary orders for implementation of the said judgement were issued by MCD.

14. There is no merit in the stand taken by the management in its reply, that the workman here is not entitled for promotion to the post of Chaudhary inasmuch as he has not appeared in the trade test conducted by the department. To my mind, this plea is devoid of any merit inasmuch as similarly situated other workers who were performing duties of Chaudhary, i.e. acting Chaudhary have been granted pay scale of Garden Chaudhary after judgement dated 27.07.2011 rendered by the Hon'ble High Court in the case of MCD Vs.. Sultan Singh as well as MCD Vs.. Mahipal(WP 5550 of 2010). Operating portion of the judgement in Sultan Singh (supra) of the Hon'ble Division Bench is as under:

"28. Considering the entire facts and circumstances it is apparent that the claim of the respondents have always been that they should be paid the difference in pay of Mali/Chowkidar and the Garden Chaudhary as they were made to work on the post of Garden Chaudhary whereas the petitioner had first denied that they worked as Garden Chaudharies, then took the plea that the Assistant Director (Horticulture) was not competent to ask the respondents to work as Garden Chaudharies and that the respondents cannot be appointed to the post of Garden Chaudharies in accordance with the recruitment rules. There is no doubt that respondents are not claiming appointment to the post of Garden Chaudharies on account of having worked on ad-hoc basis on the post of Garden Chaudhary contrary to rules or that some of them not having the requisite qualifications are entitled for relaxation.

29. In the entirety of facts and circumstances therefore, the learned counsel for the petitioner has failed to make out any such grounds which will impel this Court to exercise its jurisdiction under Article 226 of the Constitution to set aside the orders of the Tribunal dated 29th January, 2010 and 7th October, 2010 as no illegality or un- sustainability or perversity in the orders of the Tribunal has been made out.

30. The writ petition is, therefore, dismissed. Parties are left to bear their own cost."

15. It is further clear that SLP was also filed by MCD before the Hon'ble Apex Court by special leave application No. S20069/2011 MCD Vs.. Sultan Singh and others which was also dismissed as withdrawn vide order dated 09.04.2012. It is further clear that the Hon'ble High Court in Sultan Singh case strongly deprecated the stand taken by the management that the workmen were not possessing requisite qualification or have not qualified the test etc. It was clarified that since the workmen were discharging duties to the post of Garden Chaudhary, as such, workmen were entitled for the salary of Garden Chaudhary and competent authority need not look into anything else except the fact that the workman had worked as Garden Chaudhary. Therefore, stand taken by the management that the workman herein could not qualify the test conducted by the department is without any merit and has no relevance so far as question of grant of salary against the post of Garden Chaudhary is concerned.

16. It is not out of place to mention here that even if the claimant herein was not a party in Sultan Singh case referred above, judgement of the Hon'ble High Court is binding on the management and management is required to implement the same in letter and spirit and the same is judgement in rem, and all similarly situated workmen are required to be accorded the benefit of the said judgement of the Hon'ble High Court, which have become final. There is no question of even plea of delay and laches when management had not led any evidence to prove the same. The Hon'ble High Court has decided an abstract proposition of law, i.e. a mali who is performing duty as officiating/acting Chaudhary is entitled to the salary/wages of Chaudhary. Law is fairly settled that if a person is working on a higher post, on adhoc or temporary basis, even such workman is entitled to salary/wages of higher post, unless rules or regulations specifically provides otherwise. I find support to this view from Secretary Vs.. Lieutenant Governor Port Blair (1998 Lab.I.C. 598), yet in another case, Hon'ble Apex Court while considering that question of grant of benefits to similarly situated employees who were not party to the writ petition or lis in the case of State of Uttar Pradesh Vs.. Arvind Kumar Srivastava (2015) 1 SCC 347 observed as under:

"The moot question which requires determination is as to whether in the given case, approach of the Tribunal and the High Court was correct in extending the benefit of earlier judgment of the Tribunal, which had attained4908 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] finality as it was affirmed till the Supreme Court. The legal principles that can be culled from the judgments, cited both by the appellants as well as the respondents, can be summed up as under:

(1) Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.

(2) However, this principle is subject to well recognized exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the Court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.

(3) However, this exception may not apply in those cases where the judgment pronounced by the Court was judgment in rem with intention to give benefit to all similarly situated persons, whether they approached the Court or not. With such a pronouncement the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated person. Such a situation can occur when the subject matter of the decision touches upon the policy matters, like scheme of regularization and the like [see K.C. Sharma & Ors. v. Union of India (supra)]. On the other hand, if the judgment of the Court was in personam holding that benefit of the said judgment shall accrue to the parties before the Court and such an intention is stated expressly in the judgment or it can be impliedly found out from the tenor and language of the judgment, those who want to get the benefit of the said judgment extended to them shall have to satisfy that their petition does not suffer from either laches and delays or acquiescence."

17. In view of the discussions made herein above, it is held that the workman herein, Shri Sukh Dev is entitled to the pay scale of Garden Chaudhary with effect from 15.04.2002 and as a corollary, management is liable pay the difference of wages of mali vis-a-vis Garden Chaudhary from the date when the workman herein was performing duties and functions of Garden Chaudhary till the date of his retirement on 31.07.2014. 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 : July 19, 2017

A. C. DOGRA, Presiding Officer —

II New Delhi, the 2nd August, 2017

S.O. 1847.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 17/2013) of the Central Government Industrial Tribunal-cum- Labour Court No. II, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Commissioner, Mumicipal Corporation of Delhi, Chandni Chowk, Delhi and their workman, which were received by the Central Government on 10.07.2017.

[No. L-42011/42/2012-IR (DU)]

RAJENDRA JOSHI, Dy. DirectorII (ii) 4909

ANNEXURE

BEFORE SH. HARBANSH KUMAR SAXENA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL NO-II, KARKARDOOMA COURT COMPLEX, DELHI-110032.

ID. No. 17/2013

Sh. Ashok Kumakr Tiwari, Delhi Municipal Workers Union, 4/7, Asaf Ali Road 1st Floor, New Delhi-110002.

Versus

The Commissioner, Municipal Corporation of Delhi, Town Hall, Chandni Chowk, Delhi-110006

AWARD

The Central Government in the Ministry of Labour vide Letter No.L-42011/42/2012(IR(DU)) dated 25.02.2013 referred the following Industrial Dispute to this Tribunal for adjudication :-

"Whether the action of MCD in not regularization service of workman Sh. Chand Ram , Muster Roll Beldar w.e.f 1.04.2004 is fair and justified? If not, what relief the workman is entitled for?

On 5.4.2013 reference was received in this Tribunal. Which was register as I.D No. 17/2013 and claimant was called upon to file claim statement with in fifteen days from date of service of notice. Which was required to be accompanied with relevant documents and list of witnesses.

On 29.04.2013 workman filed claim statement before this Tribunal. Where-in he prayed as follows:-

"It is most respectfully prayed that management of Municipal Corporation of Delhi may please be directed to regularize the services of workman Sh. Chand Ram S/o Sh. Surajmal with effect from 1.4.2004 and to pay arrears with all consequential benefits in the interest of justice."

After service of notice management filed written statement on 13.09.2013. Where-in management prayed as follows:-

"It is respectfully prayed that the claim of the workman may kindly be dismissed being false, frivolous, vexatious, misconceived and being devoid of any merit.

Against written statement workman filed rejoinder. Wherein he re-affirmed the contents of claim statement.

On 9.4.2015 following issues were framed:-

1. Whether action of MCD in not regularizing service of workman Sh. Chand Ram, Muster Roll Beldar w.e.f 01.04.2004 is fair and justified? If so its effect?

2. If workman is not entitled for regularization since 1.04.2004 then for what relief he is entitled to and from which date?

And 29.05.2015 was fixed for workman evidence. On 29.5.2015 workman filed his affidavit in his evidence.

Copy of which supplied to Ld. A/R for the management .

Fixed 20.07.2015 WW1 tendered his affidavit and 14.09.2015 was fixed for cross-examination of WW1.

Cross-examination of WW1 could be concluded on 21.03.2016. Then workman closed his remaining evidence and 2.5.2016 was fixed for management evidence.

But management filed affidavit of MW on 29.7.2016. Copy of which supplied to workman.

Fixed 22.8.2016 for tendering of affidavit and cross-examination of MW.

On 24.10.2016 MW1 tendered his affidavit. He was partly cross-examined. His further cross-examination is deferred to 12.01.2017.

He was further cross-examined on 12.1.2017 and his remaining cross-examination of MW1 deferred to 27.3.2017.

On 27.3.2017 MW1 was further cross-examined and his further cross-examination is deferred to 28.3.2017.

On 28.03.2017 MW1 was further cross-examined and his cross-examination was concluded.

4910 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

On 1.05.2017 was fixed for argument. Parties may file written arguments also.

On 1.5.2017 workman filed written arguments. Copy of which supplied to management.

Fixed 8.5.2017 for reply by management to written arguments of workman.

On 8.5.2017 management filed written arguments copy of which supplied to workman. Who was permitted to file reply on 15.5.2017 .

On 15.5.2017 workman filed reply. Copy of which supplied to Ld.A/R for the management .

Then Award was reserved with liberty to Ld. A/R for the management to file reply if any.

No reply by management filed.

In the light of contentions and counter contentions I perused the pleadings and evidence of parties on record including written arguments of parties.

Which makes it crystal clear that in connection with the facts mentioned in paragraph 1 of written submissions dated 8.5.2017 of management it is submitted that while dealing with Issue No.1 in the written arguments which were filed by workman in the court on 1.5.2015, various oral and documentary evidences produced in the case & Law laid down by the Hon'ble Supreme Court were dealt with and it was established as under:-

(a) That action of MCD in not regularizing the workman Chand Ram Musterr Roll Beldar w.e.f. 1.4.2004 is neither fair nor justified.

(b) And that workman is entitled for reinstatement w.e.f. 15.10.1997 his date of termination on the basis of decision of High Court of Delhi and on the basis of law laid down by Hon'ble Supreme Court in The Director General, I.C.M.R. Vs Dr. D.K. Jain and Another as reported in [2007] 3 S.C.R. and that he is entitled for regularization as Beldar with effect from 1.4.2004 on the basis of Circular dated 2.2.05 of MCD Ex.WW1/2 (which has been admitted as genuine by MW1 in his cross examination).

This is proved from the following:-

(i) That for compliance with decision of High Court dated 17.9.2009 (certified copy Ex.WW1/1 page 11), workman was entitled for reinstatement & not for re-engagement as done by management.

Dictionary meaning of reinstatement is that workman should have been re-established in his former position i.e. workman should have been reinstated w.e.f. date of illegal termination in year 1997. From certified copy of award of Presiding Officer Labour Court (in brief POLC) Ex.WW1/10 page 3, it is proved that date of illegal termination of workman as per admission of management was 15.10.1997.

Management has not reinstated the workman as per direction of Delhi High Court w.e.f. his date of termination but has re-engaged the workman as fresh Beldar w.e.f. 7.5.2010 (as is evident from admission of MW1 in paragraph 6 of Ex.MW1/A & Office Order of MCD Ex.WW1/5). This conduct on part of management is not good.

(ii) That for compliance with Circular of MCD Ex.WW1/2, workman is entitled for regularization w.e.f. 1.4.2004 (as mentioned in reference U/s 10 of ID Act). Circular of MCD Ex.WW1/2 has been admitted as genuine by MW1 in his cross examination dated 28.3.2017.

2. That regarding contents of paragraph 2 of written submissions dated 8.5.2017 of management, it is submitted that workman is not only entitled for regularization w.e.f. 1.4.2004 on the basis of Decision of Hon'ble High Court of Delhi & Circular dated 2.2.05 of MCD Ex.WW1/2 (admitted as genuine by MW1 in his cross examination) but also on the basis of the following law laid down by Hon'ble Supreme Court:-

(i) As per law laid down by Hon'ble Supreme Court in The Director General, I.C.M.R. Vs Dr. D.K. Jain and Another as reported in [2007] 3 S.C.R. on pages 893 & 894 (Photo copy of citation was filed in court on 1.5.2017), whereby direction to grant reinstatement amounts to continuity of service.

(ii) As per law laid down by Hon'ble Supreme Court in Union of India and Others Vs Rajesh Kumar Gond as reported in (2014) SCC on page 588 & as shown in the highlighted portion (Photo copy of citation has been filed in court on 15.5.2017), wherebywhen no material placed before Tribunal about functional distinction between posts (here in this case distinction between functions of Muster roll Beldars & regularized Beldar) order of Tribunal granting parity in pay on the basis of Equal Pay for Equal Work cannot be faulted.

(iii) As per law laid down by Hon'ble Supreme Court in M/s Hindustan Tin Works Pvt. Ltd. Vs The employees of M/s Hindustan Tin Works Pvt. Ltd. and Others as reported in (1979) 2 SCC on page 85 (copy of citation filed in court on 1.5.2017) when employer has taken away illegally the right to work ofII (ii) 4911 the workman contrary to the relevant law such as by illegal /invalid termination as in this case, The relief of reinstatement with continuity of service can be granted.

3. (i) Management has misrepresented facts in paragraph 3 of written submissions dated 8.5.2017 of management that that present dispute is not an Industrial Dispute because as law laid down by Hon'ble Supreme Court in Bihar State Road Transport Corpn Vs. State of Bihar and others as reported in highlighted paragraph (E) on page 1218, when cause of employee is taken over and espoused by Union before conciliation officer, the dispute is an industrial dispute referable under section 10 (1) by State Government and reference is competent. Photo copy of this citation has been filed in court on 15.5.2017.

(ii) Demand notices have been served upon the management and have been duly proved in the court vide Ex.WW1/8, Ex.WW1/9, Ex.WW1/12 & Ex.WW1/3, Ex.WW1/4 & Ex.WW1/A.

(iii) Management has misrepresented in this paragraph that reference has been made mechanically without due application of mind for which it has no locus standi because as law laid down by Hon'ble Supreme Court in Bihar State Road Transport Corpn Vs. State of Bihar and others as reported in highlighted paragraph (E) on page 1218, when cause of employee is taken over and espoused by Union before conciliation officer, the dispute is an industrial dispute referable under section 10 (1) by State Government and reference is competent.

(iv) Management has misrepresented in this paragraph that Delhi Municipal Worker's Union has no locus standi to raise the present dispute because as law laid down by Hon'ble Supreme Court in Bihar State Road Transport Corpn Vs. State of Bihar and others as reported in highlighted paragraph (E) on page 1218, when cause of employee is taken over and espoused by Union before conciliation officer, the dispute is an industrial dispute referable under section 10 (1) by State Government and reference is competent.

(v) Facts of the case MCD Vs Gauri Shankar & Ors as referred by management & as reported in 1999 V AD (Delhi) on page 905 are quite different from the facts of present case and as such decision of this case is not applicable to the case of workman under consideration.

In the cited case Regularization of services of Respondent No.1 w.e.f. 1.4.89 was pending adjudication before the Industrial Tribunal but respondent workman was claiming regularization w.e.f. 25.10.83 i.e. from the date of his initial joiningand the Industrial Tribunal was also holding that workman was entitled to be regularized w.e.f. 25.10.83. But in the case under trial, workman is not claiming regularization from the date of his initial joining with management.

(vi) That study of contents of citation State of Karnataka & Ors Vs Uma Devi as reported in (2006) 4 SCC 1 reveal that provisions of the Industrial Disputes Act and the powers of the Industrial and Labour Courts provided therein were not at all under consideration in Umadevi case. The issue pertaining to unfair labour practice was neither the subject matter for decision nor was it decided in Umadevi case.

Industrial Disputes Act is made for settlement of industrial disputes and for certain other purposes as mentioned therein. It prohibits unfair labour practice on the part of employer in engaging employees as casual or temporary employees for a long period without giving them the status and privileges of permanent employees as is evident from the Fifth Schedule of the Industrial Disputes Act 1947. These facts are also proved from highlighted portions of paragraphs 17 and 18 on page 329 of Judgment of Hon'ble Supreme Court in Ajaypal Singh Vs Haryana Warehousing Corporation as reported in (2015) 6 SCC 329.

In view of above mentioned facts, it is proved that Law laid down by Hon'ble Supreme Court in State of Karnataka & Ors Vs Uma Devi as reported in (2006) 4 SCC 1 is not applicable to the case of workman under trial.

(vii) Facts of the case Uma Rani Vs Registrar, Cooperative Societies and Others as reported in (2004) 7 SCC in highlighted paragraph A on page 112 & highlighted paragraph B on page 113 are quite different from the facts of present case under trial and as such decision of this case is not applicable to the case of workman under consideration.

In the cited case appointments were made in contravention of mandatory provisions of the Act and statutory rules framed there under and State could not could issue order of regularization under Ss 170 & 182 of T.N. Cooperative Societies Act 1983 or under T.N. Industrial Establishments Act 1981.

4912 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

T.N. Cooperative Societies Act 1983 did not empower Govt. to issue order directing regularization of services of employees of cooperative societies who had been appointed in flagrant violation of the mandatory provisions of the Act and the Rules.

But facts of the case under trial are quite different. Here workman is seeking reinstatement and regularization w.e.f. 1.4.2004 on basis of decision of High Court of Delhi Ex.WW1/1 and on the basis of order of MCD Ex.WW1/2.

4. That in connection with the facts mentioned in paragraph 4 of written submissions dated 8.5.2017 of management it is submitted that workman has also claimed regularization in paragraph 5 of Replication to the amended written statement stating that muster roll employees who joined MCD in August 1996 after date of engagement of workman have been regularized but the workman has not been regularized. Workman has also mentioned the law laid down by Supreme Court in M/s Hindustan Tin Works Pvt. Ltd. Vs The employees of M/s Hindustan Tin Works Pvt. Ltd. and Others as reported in (1979) 2 SCC on page 85 on the basis of which he was seeking regularization.

5. That contents of paragraph 5 of submissions dated 8.5.2017 of management need no reply as these pertain to issues framed by Hon'ble Court.

6. That in connection with the facts mentioned in paragraph 6 of written submissions dated 8.5.2017 of management it is clarified that workman has filed in the court certified copies of following documents perusal of Hon'ble Court:-

(i) Certified copy of Decision of High Court dated 17.9.2009 as Ex.WW1/1 (11 pages).

(ii) Certified copy of award dated 8.4.2004 passed by Presiding Officer Labour Court as Ex.WW1/10 (3 pages).

(iii) Certified copy of Order dated 17.9.2009 of Hon'ble Supreme Court of India as Ex.WW1/11 (2 pages).

7. That contents of paragraph 7 of submissions dated 8.5.2017 of management reveal that management had filed writ petition in High Court in year 2016 but the same has been suppressed from the Hon'ble Court for more than five months & has been revealed only at the stage of final arguments on 8.5.2017 so as to delay the process of justice intentionally & malafidely.Management is knowing well that regularization of workman has already been delayed due to fault of management from 1.4.2004 to 15.5.2017 that is for a period of about eleven years.

8. That contents of paragraph 8 of submissions dated 8.5.2017 of management need no reply in view of written arguments dated 1.5.2017 of workman & in view of written submissions dated 15.5.2017 of the workman which has also been filed in the court.

9. (a) That in connection with the facts mentioned in paragraph 9 of written submissions dated 8.5.2017 of management that claimant has never worked with management even for a single day for the period from 16.10.1997 to 6.5.2010 and as such claimant cannot be equated with those employees who had worked regularly on muster roll daily wage basis with the management. For this act the workman is not at fault. It is only the management who is at fault in this respect. This is proved from the following evidences:-

(i) As per paragraph 10 of Certified Copy of Award of Labour Court dated 8.4.2004 Ex.WW1/10 Page 3 as reproduced below:-

"10 ISSUE NO.2

The management had taken the defence that the workman was engaged for a specific period and purely as daily wager on muster roll from 15.8.1996 and he was disengaged on 15.10.97 after the specific period was over. To substantiate this no evidence has been led by the management. This conduct does not hold good. Admittedly, the workman worked for a period of more than 240 days in a last 12 months and so his removal from service without complying with the provisions contained under Section 25 F of I.D. Act is illegal and unjustified. The order of retrenchment is bad as no notice has been issued to the workman nor any retrenchment compensation has been paid."

(ii) As per paragraph 11 of Certified Copy of Award of Labour Court dated 8.4.2004 Ex.WW1/10 Page 3 as reproduced below:-

"11. In view of my above discussion, I hold that the services of the workman have been terminated illegally and unjustifiably by the management. ……....…………………"

(iii) As per last 7 lines of Certified copy of Decision of Hon'ble High Court of Delhi dated 17.9.2009 Ex.WW1/1 Page 11:-

"……………..It is clearly seen from the record that the proceedings were delayed only on account of the management. Themanagement, in spite of giving several opportunities, has not led any evidence in the matter. InII (ii) 4913 these circumstances, the refusal to grant reinstatement was not proper. In the result, the appeal is allowed. The award of the labour Court is modified to the extent that the appellant will be entitled to reinstatement in service with 50 % back wages."

(iv) That as per law laid down by Hon'ble Supreme Court in The Director General, I.C.M.R. Vs Dr. D.K. Jain and Another as reported in [2007] 3 S.C.R. in highlighted portions marked 'H' on page 893 & marked 'A' on page 894, the direction to grant reinstatement amounts to continuity of service.

This citation was filed in the court on 1.5.2017.

(v) As per admission of MW1 in last four lines of paragraph number 4 on page 3 of Ex.MW1/A:-

"………………….It is a fact that the Hon'ble High Court of Delhi has not given any benefit of continuity of service or seniority to the claimant."

The facts mentioned in paragraphs 9(a)(i) to 9(a)(v) above prove that delay in regularization of workman for a period of 11 years is due to fault of management & this delay is not due to fault of workman.

(b) That relevant to the remaining facts mentioned in paragraph 9 of written submissions dated 8.5.2017 of management that claimant will be considered for regularization only when other employees engaged on muster roll basis w.e.f. 7.5.2010 are considered for regularization (& that Claimant has not cross examined MW1 on these facts), the relevant evidences are as under:-

(i) That as per cross examination dated 24.10.2010 of MW1:-

Question: Are the duties and functions of Muster Roll Beldars and regularized Beldars identical.

Ans : The duties of Muster Roll & regular Beldars are no where specified. This is the organisation of 24x7 working & the Beldars /staff engaged had to work according to the work requirement by the mgmt.

(ii) As per cross examination dated 12.1.2017 of MW1:-

"It is correct regular Beldars are getting more salary and allowances than daily wage Muster Roll Beldars."

(iii) Reply to suggestion as given by MW1 on page 2 of cross examination dated 28.3.2017:-

"It is incorrect to suggest that on the Principle of 'Equal Pay for Equal Work' the workman is entitled for regularization w.e.f. 1.4.2004."

(iv) That as per law laid down by Hon'ble Supreme Court in Union of India and Others Vs Rajesh Kumar Gond as reported in (2014) 13 SCC on page 588, When two posts in question cannot be equated but when no material was placed before Tribunal about functional distinction, order of Tribunal granting parity in pay on the principle of Equal pay for equal work cannot be faulted. Photo copy of this citation has been filed in court on 15.5.2017.

(v) That other facts relevant to this have also been dealt with & argued in Issue no.2 of written arguments filed by workman in the court on 1.5.2017.

The facts mentioned in paragraphs 9(b)(i) to 9(b)(v) above and the laid by Hon'ble Supreme Court in Union of India and Others Vs Rajesh Kumar Gond as reported in (2014) 13 SCC on page 588 also prove that workman is also entitled for regularization w.e.f. 7.5.2010 (his date of re-engagement) on the Principle of 'Equal pay for Equal work'.

10. That contents of paragraph 10 of submissions dated 8.5.2017 of management need no reply in view of submissions made in preceding paragraphs 1 to 9 above of written submissions (dated 15.5.2010) of the workman & written arguments dated 1.5.2017 of the workman.

11. That study of contents of citation Secretary, State of Karnataka & Ors Vs Uma Devi as reported in III (2006)SLT 539 reveal that provisions of the Industrial Disputes Act and the powers of the Industrial and Labour Courts provided therein were not at all under consideration in this case. The issue pertaining to unfair labour practice was neither the subject matter for decision nor was it decided in this case. Photo copy of citation has been filed in court on 15.5.2017.

Industrial Disputes Act is made for settlement of industrial disputes and for other purposes as mentioned therein. It prohibits unfair labour practice on the part of employer in engaging employees as casual or temporary employees for a long period without giving them the status and privileges of permanent employees as is evident from the Fifth Schedule of the Industrial Disputes Act 1947. These facts are also proved from highlighted portions of paragraph 18 on4914 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] page 329 of Judgment of Hon'ble Supreme Court in Ajaypal Singh Vs Haryana Warehousing Corporation as reported in (2015) 6 SCC 329.

In view of the above mentioned facts, it is proved that Law laid down by Hon'ble Supreme Court in Secretary, State of Karnataka & Ors Vs Uma Devi as reported in III (2006)SLT 539 is not applicable to the case of workman under trial.

12. That the facts of the case MCD Vs Presiding Officer, IT– II & Ors as reported in 2000 II AD (Delhi) 442 which have been highlighted on page 443 are different from the facts of case under trial and as such decision of this case is not applicable to the case of workman under trial. Photo copy of citation has been filed in court on 15.5.2017.

In cited case award of Industrial Tribunal was not sustained because it was held in the award that daily wage/ casual/ muster roll mates working in MCD are entitled to pay /allowances in regular pay scale from the date of their respective initial appointment as has been enjoyed by regularly recruited mates.

But in case under trial, workman is not asking for his regularization w.e.f. 15.8.1996 his date of his initial appointment. But in this case workman is asking for his regularization w.e.f. 1.4.2004 on the basis of order of Double Bench of Hon'ble High Court of Delhi Ex.WW1/1 (page 11) and on the basis of circular of MCD Ex.WW1/2 which has been admitted as genuine by MW1 in his cross examination dated 28.3.2017.

Contents of paragraph 12 of written submission show that management has misrepresented true facts of the case & suppressed the essential facts of case which were in favour of workman.

13. That the facts of the case State of Haryana Vs Jasmer Singh & Ors AIR 1997 SC 1788 as mentioned in highlighted portion on page 1788 are different from the facts of case under trial and as such decision of this case is not applicable to the case of workman under trial. Photo copy of citation has been filed in court on 15.5.2017.

In the cited case duties and functions of regular employees were different from the duties and functions of daily wagers as is evident from the highlighted portion of citation on page 1788.

But in the case under trial duties, functions and working hours of regularized Beldar and muster roll Beldars have been admitted as identical by MW1 in his cross examination dated 24.10.2010.

14. That Authorized Representative (in brief AR) of management has falsely and malafidely stated in paragraph 14 of written submissions that judgments cited by AR of claimant are not applicable because he has not mentioned any fact, circumstance and reason due to which citations of AR of workman are neither applicable nor reliable.

FINDINGS ON ISSUE NO. 1

In this back ground Issue No. 1 is liable to be decided against management and in favour of workman due to want of required and reliable and credible evidence of management and adequate, reliable and credible evidence of workman Sh. Chand Ram. Which is accordingly decided.

FINDINGS ON ISSUE NO. 2

Issue no. 2 is relating to relief of workman.

As issue No. 1 has already been decided against management of M.C.D and in favour of workman sh. Chand Ram , Mustrol Beldar w.e.f. 1.04.2004 conduct of management of M.C.D was not found fair and justified. While disposing of issue no. 1 by me.

Hence workman Sh. Chand Ram, Mustrol Beldar is entitled for regularization of his service since 1.04.2004.

In these background reference is also liable to be decided in favour of workman and against management of M.C.D.

Which is accordingly decided and claim statement is allowed.

Award is accordingly passed.

Dated:-14.06.2017

HARBANSH KUMAR SAXENA, Presiding Officer —

II (ii) 4915

I New Delhi, the 2nd August, 2017

S.O. 1848.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 30/2015) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the Director, Deputy Director (Horticulture), Horticulture Division, MSO Building, New Delhi and their workman, which were received by the Central Government on 26.07.2017.

[No. L-42011/115/2014-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 30/2015

Smt. Vimla Devi and Ms.Savitri Devi, C/o CPWD General Mazdoor Union(REgd.), Room No.95, Barrack No.1/10, Jam Nagar House, Shahjahan Road, New Delhi-110 011

…Workman

Versus

The Director Deputy Director (Horticulture), Horticulture Division, M-314, PWD (GOD), 13th Floor, MSO Building, IP Estate, New Delhi-110 002

…Management

AWARD

Pursuant to receipt of reference from Ministry of Labour, Government of India vide letter No. L-42011/ 115/2014-IR(DU) dated 05.01.2015 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (in short the Act), this Tribunal is required to adjudicate an industrial dispute, terms of which are as under:

'Whether Smt. Vimla W/o Late Shri Vijay Singh and Smt. Savitri Devi W/o Bimlesh Kumar entitled for regularization of Mali with effect from 11.04.1989 and 04.10.1990 respectively alongwith all consequential and cascading benefits? If so, necessary and speaking directions may please be given.'

2. It is clear from the statement of claim that Smt. Vimla Devi and Ms.Savitri Devi, claimants herein were employed on compassionate grounds on muster roll with effect from 11.04.1989 and 04.10.1990 respectively. Both the claimants have been performing their duties continuously after their appointment on compassionate grounds on 11.04.1989 and 04.10.1990 respectively under Deputy Director (Horticulture), M-314, Lok Nirman Vibhag. The Deputy Director (H) has also recommended the case of both the above claimants for regularization to the concerned officers. It is the case of the claimant that the management is adopting unfair labour practice so that service of the claimant is not regularized as mali by the management. Action of the management attracts provisions under Equal Remuneration Act and also amounts to unfair labour practice under the Act. Claimants have been performing their duties for the last more than 14 years. As per the policy of the management, both the claimants have been getting minimum of pay scale plus all allowances except regularization of their services, hence they did not get any promotion or any other consequential benefits. Management is, in fact, compelling the claimants to accept regularization of their services as beldar, which is an unskilled job, whereas claimants are performing duties of semi skilled workmen as mali and are getting their wages equal to their counterparts in regular category.

3. Claim is contested by the management who have filed reply thereto and have taken preliminary objections, inter alia of maintainability and there being no relationship of employer-employee between the management and the4916 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] claimants. On merits, it is admitted that the claimants Ms.Vimla Devi and Ms.Savitri Devi were appointed on the post of mali on muster roll basis on compassionate grounds against the vacant post caused by the death of their respective husbands after approval of Director General (Works) letter dated 11.04.1989 and 04.10.1990. Subsequently, temporary status was given to both the claimants with effect from 01.09.1993 as per rules of the Department. Management had directed the SE(E) Co-ordination to take necessary steps for regularization of services of the claimants. SEE/EEs of the management circulated letter No.554 dated 16.03.2011 requesting them to send list of such workers who are entitled for regularization and are duly entitled for regularization and are duly qualified in terms of statutory rules and have worked for 10 years or more as on 11.12.2006. In the same list, names of Ms.Vimla Devi and Ms.Savitri Devi were also sent to the Section Officer of the management vide letter dated 15.04.2011 for their regularization. Thereafter, the claimants approached the Regional Labour Commissioner (Central) on 21.10.2013 requesting the management to regularize their services. Management was also called for discussion and conciliation took place on 21.04.2014. It is also alleged that Central Government Industrial Tribunal No.1 vide letter dated 21.01.2015 directed the Deputy Director(H) to appear before this Tribunal and answer all the material questions pertaining to regularization of services of both the claimants. However, both the claimants refused to give no objection certificate for regularization to the post of beldar. Request was also sent to the Director Horticulture vide letter No.505 dated 23.02.2015. However, Director (Horticulture) vide letter No.432 dated 30.03.2015 stated that presently mali Grade III post are more than the sanctioned strength, as such, it is not possible to regularize both the temporary status mali to the post of mali. Both the claimants are not entitled to be regularized to the post of mali from 11.04.1989 and 04.10.1990 respectively.

4. Against this factual background, on the basis of pleadings of the parties, vide order dated 21.01.2016, following issues were framed:

(i) Whether claim filed by the workman is not legally maintainable in view of the preliminary objections?

(ii) As in terms of reference

5. Smt. Savitri Devi and Ms. Vimla Devi, the claimants, examined themselves as WW1 and WW2 and their affidavits are Ex.WW1/A and Ex.WW2/A respectively. Ms. Savitri Devi relied on documents Ex.WW1/1 & Ex.WW1/2 and Ms.Vimla Devi relied on documents Ex.WW2/1 & Ex.WW2/2. Management, in order to rebut the case of the claimant, examined Shri Dharamveer Singh, Assistant Director (H) as MW1, whose affidavit is Ex.MW1/A and he also relied on documents Ex.MW1/1 to Ex.MW1/8.

6. I have heard Shri B.K. Prasad, A/R for the claimant and Shri Ashish Mishra, A/R for the management.

Issue No.1

7. Though the management has taken preliminary objection that there is no relationship of employer and employee between the management and the claimants, however, learned A/R for the management in all fairness admitted that both the claimants were in the employment of the management, which fact even otherwise stands duly proved from para 1 of the reply of the management wherein management has clearly admitted that the claimants Ms.Vimla Devi and Ms.Savitri Devi were appointed on the post of mali on muster roll on compassionate grounds against the vacancies caused due to the death of their respective husbands. In such circumstances, it does not lie in the mouth of the management to say that the management is not having any relationship of employer and employee with the above claimants. Record of the case further shows that the matter was taken up by the claimants through their union before the Assistant Labour Commissioner. Regional Labour Commissioner had informed the management vide letter dated 18.11.2013 for discussion about regularization of the claimants herein. However, matter could not be settled, hence resulted in failure. Failure of conciliation report is Annexure I. Both these documents have not been exhibited but it can be taken into consideration for limited purpose so as to prove that matter was raised through the union by the claimants. There was also espousal of the case prior to this and the certificate is dated 01.09.2013. In view of the above discussion, preliminary objection raised by the management regarding maintainability of the claim is totally baseless, as such Issue No.(i) is decided in favour of the claimant and against the management.

Issue No.2

8. Now, the vital question which requires determination is whether the claimants, Ms.Vimla Devi and Ms.Savitri Devi are entitled for regularization to the post of mali with effect from 11.04.1989 and 04.10.1990 respectively alongwith all consequential benefits attached to the said post. No order to prove their case against the management, both the claimants Ms.Vimla Devi and Ms.Savitri Devi have tendered their affidavits which are Ex.WW1/A and Ex.WW2/A respectively and the averments contained therein are almost on similar lines as the stand taken in their claim statement. Both these claimants have been subjected to cross examination but there is hardly anything in their cross-examination to support the stand of the management. Management has examined Shri Dharamveer Singh, Assistant Director (H) as MW1 and his affidavit is Ex.MW1/A. He has admitted in para 3 of this affidavit that the claimants were appointed with effect from 11.04.1989 and 04.10.1990 respectively on muster roll to the post of mali and subsequently were granted temporary status on 01.09.1993 as per rules of the Department. He has further stated inII (ii) 4917 para 4 of his affidavit that Director General (Works) directed SE(E) Co-ordination to take necessary steps for regularization of the HR/MR workers in their respective categories with effect from 11.12.2006 on as is where is basis. The Deputy Director submitted list of such workers for regularization containing the names of both the claimants herein for regularization to the post of mali to the Section Officer Ex.-X, CPWD vide letter dated 15.04.2011 Ex.MW1/4. It is clear from perusal of letter Ex.MW1/4 that the names of both the claimants were recommended for regularization by the Department. There is also mention of judgement of Hon'ble Supreme Court's order dated 10.04.2006 in letter dated 11.03.2011 of the case of State of Karnataka Vs.. Uma Devi wherein there is mention of proposal for regularization as one time measure. This letter further shows that it was finally decided to regularize services of the workers in their respective categories with effect from 11.12.2006 who were irregularly appointed. The only condition in the above matter was that persons who have worked for more than 10 years or more as on 11.12.2006 are entitled for regularization. Claimants herein also completed more than 10 years as on 11.12.2006. Shri Dharamveer Singh as admitted in his cross examination that both the claimants herein have been granted temporary status of mali. However, there is no mention of the fact that since there was no vacant post of mali, as such, the claimants could not regularized as mali and were offered post of beldar. In this regard, Ex.MW1/W1 is the order issued by the management. It is further admitted that the management has participated in the conciliation proceedings. There is no merit in the contention of the management that there is no vacant post of mali upon which the claimants herein can be regularized. It is not out of place to mention here that both the claimants were appointed on compassionate grounds against the regular posts which had fallen vacant consequent to the death of their husbands. Therefore, there is no merit in the contention of the management that no regular post was available. Moreover, in view of the judgement of the Hon'ble Apex Court, more than 1302 posts of malis were created and the claimants herein could have been adjusted on any of the above said posts as they were otherwise fulfilling the requisite conditions for being regularized on the post of mali.

9. Hon'ble Apex Court in the case of Surinder Singh Vs. Engineer In Chief (ATR 1986 SC 76) considered the question of equal pay for equal work and almost under similar circumstances, plea was raised on behalf of the management that workers were daily wagers and they were not entitled for equal pay like their regular counterparts. This plea did not find favour with the Hon'ble Apex Court was turned down and it was held that daily rated workers are not entitled for same salary and allowances which were being paid to regular and permanent employees with effect from the date when they were employed. Hon'ble Apex Court further observed that Central Government like all organs of the State is committed to the Directive Principles of State Policy and Article 39 which details principles of equal pay for equal work .

10. In view of the discussion made herein above as well as evidence on record, I am of the view that the claimants herein are entitled for regularization to the post of mali with effect from 11.04.1989 and 04.10.1990 respectively alongwith all consequential benefits and cascading benefits which are being accorded to the other regular workers. An award is, accordingly, passed. Let it be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication.

Dated : July 17, 2017

A. C. DOGRA, Presiding Officer —

New Delhi, the 2nd August, 2017

S.O. 1849.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 22/2007, 30/2007, 101/2007, 38/2007) of the Central Government4918 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 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 31.07.2017.

[No. L-29012/23/2006-IR (M),

No. L-29012/32/2006-IR (M),

No. L-29012/27/2007-IR (M),

No. L-29012/42/2006-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

BANGALORE

DATED : 21st JULY 2017

PRESENT : Shri V. S. RAVI, Presiding Officer

COMMON AWARD

(i) C. R. No. 22/2007

I Party

II Party

The Managing Director, Mysore Minerals Limited,

Sh. Giddegowda, S/o Giddegowda, Somanahalli, M. Shivara Post, No. 39, M. G. Road, Bagur Hobli, Channarayapatna Taluk, Bangalore- 560001 Hassan District.

The Central Government vide Order No.L-29012/23/2006-IR(M) dated 23.02.2007 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made this reference for adjudication with following Schedule :

SCHEDULE

"Whether the management of Mysore Minerals Limited is justified in terminating the services/

premature superannuating of the services of Sh. Giddegowda w.e.f. 09.09.1998? If not, to what relief

the workman is entitled to?"

(ii) C. R. No. 30/2007

I Party

II Party

The Managing Director,

Sh. K.N. Honnegowda, S/o Late Sh. Nanje Gowda, MML Worker, Mysore Minerals Limited, K. Byrapura Village, Kembal Post, No. 39, M. G. Road, Bagur Hobli, Channarayapatna Taluk, Bangalore- 560001 Hassan District-573111

Since, I party Workman K.N. Honnegowda, Expired represented by his L.R's:

1. Sh. K.H. Venkatesh, S/o Late Sh. K.N. Honnegowda,

2. Smt. K.H. Vanajakshi, D/o Late Sh. K.N. Honnegowda,

3. Smt. K.H. Nanjamma, D/o Late Sh. K.N. Honnegowda,

4. Smt. Padma, W/o Late Sh. K.H. Nanjeshi Gowda,

5. Sh. K.H. Shivashankar, S/o Late Sh. K.N. Honnegowda,

All residing at K. Byrapura Village, Kembal Post, Bagur Hobli, Channarayapatna Taluk, Hassan District.

The Central Government vide Order No. L-29012/32/2006-IR(M) dated 01.03.2007 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Dispute Act, 1947 has made this reference for adjudication with following Schedule :

II (ii) 4919

SCHEDULE

"Whether the management of Mysore Minerals Limited is justified in terminating the

services/premature superannuating of the services of Sh. K.N. Honnegowda w.e.f. 29.04.1998? If not,

to what relief the workman is entitled to?"

(iii) C. R. No. 101/2007

I Party

II Party

The Managing Director,

Smt. B. Kempamma, W/o Late Halige Gowda, Mysore Minerals Limited, Beechakondanahalli, Olagerahhalli Post, No. 39, M. G. Road, Bagur Hobli, Channarayapatna Taluk, Bangalore- 560001 Hassan District.

Since, I party Workman B. Kempamma, Expired represented by her L.R's:

1. Sh. Manje Gowda, S/o Late Sh. Halige Gowda,

2. Smt. Jayamma, D/o Late Sh. Halige Gowda,

3. Smt. Sannamma, D/o Late Sh. Halige Gowda,

4. Smt. Manji, D/o Late Sh. Halige Gowda,

Sl. No.1 residing at Beechagondanahalli Village, Volagerehalli Post, Bagur Hobli, Channarayapatna Taluk, Hassan District.

Sl. No.2 residing at Thimlapura Village, Volagerehalli Post, Bagur Hobli, Channarayapatna Taluk, Hassan District.

Sl. No.3 residing at Kembalu Village and Post, Bagur Hobli, Channarayapatna Taluk, Hassan District.

Sl. No.4 residing at Karehalli Village and Post, Bagur Hobli, Channarayapatna Taluk, Hassan District.

The Central Government vide Order No. L- 29012/27/2007-IR(M) dated 21.08.2007 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made this reference for adjudication with following Schedule :

SCHEDULE

"Whether the management of Mysore Minerals Limited is justified in terminating the

services/premature superannuating of the services of Smt. B. Kempamma w.e.f. 04.02.1998? If not, to

what relief the workman is entitled to?"

(iv) C. R. No. 38/2007

I Party

II Party

The Managing Director,

No. 39, M. G. Road,

Sh. Thopegowda, S/o Late Sh. Shivananjegowda, Mysore Minerals Limited, K Byrapura Village & Post, Bagur Hobli, Channarayapatna Taluk, Bangalore- 560001 Hassan District.

The Central Government vide Order No.L-29012/42/2006-IR(M) dated 06.03.2007 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made this reference for adjudication with following Schedule :

SCHEDULE

"Whether the management of Mysore Minerals Limited is justified in terminating the

services/premature superannuating of the services of Sh. Thopegowda w.e.f. 28.06.1998? If not, to

what relief the workman is entitled to?"

4920 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Appearance :

I party : M/s. K.T. Govinde Gowda &

Sh. C.G. Dileep Gowda, Advocates

II party : M/s. L. Venkatarama Reddy, Advocate

1. Brief details mentioned in the claim statement by I Party are as follows:-

(i) In CR No. 22/2007, the I Party submits that on 12.08.1982, he has joined the service of the II Party management at its Mining Unit viz., Byrapura Chromite Mines, Bagur Hobli, Channarayapatna Taluk, Hassan District, as a Mining worker. At the time of joining the I Party has furnished his date of birth as 12.08.1952. Further, the II Party, terminated the service of I Party w.e.f 09.09.1998. The I Party has raised the I.D before the Assistant Labour Commissioner and Conciliation Officer (C), Hubli and the Central Government have referred the Reference in CR No. 22/2007.

(ii) In CR No. 30/2007, brief details mentioned in the Claim Statement filed by LRs are as follows:-

a) Sh. K.H. Venkatesh,

S/o Late Sh. K.N. Honnegowda, Aged about 50 years

b) Smt. K.H. Vanajakshi,

D/o. Late Sh. K.N. Honnegowda, Aged about 48 years

c) Smt. K.H. Nanjamma,

D/o Late Sh. K.N. Honnegowda, Aged about 46 years

d) Smt. Padma,

W/o Late Sh. K.H. Nanjeshi Gowda, Aged about 40 years

e) Sh. K.H. Shivashankar,

S/o Late Sh. K.N. Honnegowda, Aged about 40 years

are the Legal Representatives of the deceased workman, Sh. K.N. Honnegowda. The I Party submits that the II Party has illegally terminated the services of the workman K.N. Honnegowda, (since deceased) w.e.f. 29.04.1998, and the workman has faced unemployment, financial hardship, mental agony, which caused his death on 15.08.2016. Hence, the I Party Sh. K.N. Honnegowda. raised the dispute before the learned Assistant Labour Commissioner [C], Hubli claiming back wages and other consequential benefits from the date of K.N. Honnegowda's illegal termination w.e.f. 29.04.1998. The copy Death Certificate of Sh. K.N. Honnegowda and Family tree are submitted as Annexures 'A' & 'B'. The I Party submits that on 07.03.1977, K.N. Honnegowda has joined the service of the II Party management at its Mining Unit viz., Byrapura Chromite Mines, and later on, transferred to Kodli Manganese Mines, AliyalaTaluk, Karawar District, as a Mining worker. At the time of joining the I Party has furnished his age as 30 years i.e., his date of birth being 01.12.1947. Further, the II Party, Kodli Manganese Mines Officials, orally refused to allow the I Party to do his work w.e.f 29.04.1998. The I Party has raised the I.D before the Assistant Labour Commissioner and Conciliation Officer (C), Hubli and the Central Government have referred the Reference in CR No. 30/2007.

(iii) In CR No. 101/2007, brief details mentioned in the Claim Statement filed by LRs of deceased workman B. Kempamma, are as follows:-

a) Sh. Manje Gowda,

S/o Late Smt. B. Kempamma, Aged about 43 years

b) Smt. Jayamma,

D/o. Late Smt. B. Kempamma, Aged about 45 years

c) Smt. Sannamma,

D/o Late Smt. B. Kempamma, Aged about 41 yearsII (ii) 4921 d) Smt. Manji,

D/o Late Smt. B. Kempamma, Aged about 39 years

are the Legal Representatives of the deceased workman, Smt. B. Kempamma. The I Party submits that the II Party has illegally terminated the services of the workman Smt. B. Kempamma, (since deceased) w.e.f. 04.02.1998, and the workman has faced unemployment, financial hardship, mental agony, which caused her death on 26.09.2006. Hence, the I Party being Son of Late. Smt. B. Kempamma raised the dispute before the learned Assistant Labour Commissioner [C], Hubli claiming back wages and other consequential benefits from the date of her illegal termination w.e.f. 04.02.1998 to till reaching the age of superannuation. The copy Death Certificate of Smt. B. Kempamma and Family tree are also submitted. The I Party submits that on 02.11.1980, Smt. B. Kempamma has joined the service of the II Party management at its Mining Unit viz., Byrapura Chromite Mines, Channarayapatna Taluk, Hassan District, as a Mining Worker under token No. 252. At the time of joining the I Party has furnished her age as 31 years. Further, the II Party, Byrapura Chromite Mines Officials, orally refused to allow the I Party to do her work w.e.f 04.02.1998. The I Party has raised the I.D before the Assistant Labour Commissioner and Conciliation Officer (C), Hubli and the Central Government have referred the Reference in CR No. 101/2007.

(iv) In CR No. 38/2007, the I Party submits that on 11.05.1982, he has joined the service of the II Party management at its Mining Unit viz., Byrapura Chromite Mines, Channarayapatna Taluk, Hassan District, as a Mining Worker under token No. 72. At the time of joining the I Party has furnished his age as 29 years i.e., his date of birth being 11.05.1953. Further, the II Party, Byrapura Chromite Mines Officials, orally refused to allow the I Party to do his work w.e.f 28.06.1998. The I Party has raised the I.D before the Assistant Labour Commissioner and Conciliation Officer (C), Hubli and the Central Government have referred the Reference in CR No. 38/2007.

2. Brief Common details mentioned on behalf of I Party are as follows:-

The date of birth of the I Party, in fact, has been entered in all the statutory records like EPF, B-register and Service records, etc. The I Party is entitled to continue in the service with the II Party up to the reaching of the age of superannuation i.e., 58 years in the II Party Organization. The II Party by way of an eye wash conducted the so called illegal Medical Examination for the purpose of removing the I Party from the service before reaching the age of superannuation. Further, the II Party has terminated the I Party on the plea that the I Party has reached the superannuation age of 58 years as per the so called illegal Medical Examination. After illegal termination, the I Party has faced unemployment problem and financial hardship, not only by I Party but also the family members of I Party. The entire family has depended only upon the earnings of the I Party in the II Party Organization. The II Party/Management similarly, has, prematurely, retired the co-workers of the I Party on the ground of Medical unfitness and also as per the age certificate, issued by the Medical Officer. The said some of the co-workers have challenged their pre-matured retirement and the age certification, before the Hon'ble High Court of Karnataka, viz.,

(i) Writ Petition No. 5615/2001 between Smt. K.Dundamma Vs. MML, and the same Management of II Party challenged the same in Writ Appeal No. 3460/2001 C/W W.No. 3459/2001. The said Appeal has been rejected on 12.06.2002 confirming the single Judge order dated 29.03.2001. In view of the said decision the Management, reinstated the above mentioned pre-matured retired employee with payment of back wages, and with continuity of service thereon.

(ii) Writ Petition No. 26101/2001, C/W W.P. Nos. 23798/2001, 23797/2001 & 23794/2001 filed by Sri V.C. Range Gowda and 8 others Vs. MML, and the same have been allowed on 01.06.2006.

On account of the illegal payment and other lapses, in the Management of II Party, it has to face administrative problems. The II Party adopted its own tactics, ways and means for terminating the Mining Workers in short cut methods and also, in an illegal and irregular manner by adopting anti-labour and un-fair labour practice and victimized the I Party and other co-workers by removing them enmasse by resorting to the so-called Medical Examination during the year 1998 in illegal and irregular manner, without disclosing the true fact, to the I Party and also without notifying the so-called Medical Examination, i.e., not by a Doctor of a Rank of Assistant Civil Surgeon as defined in Rule 29-C of the Mines Rules 1995. Hence, the so-called Medical Examination conducted by the II Party is illegal and irregular, and the same is not having any legal sanctity and not sustainable in law as it is violative of Rule 29-C. The I Party has repeatedly requested the officials of the II Party to provide the work to I Party till reaching the age of superannuation i.e., 58 years. But all the efforts made by I Party to persuade the II Party to take the I Party, on duty, proved in vain because of hostile and vindictive attitude on the part of the II Party. The II Party has no right to refuse the employment to the I Party or to remove the I Party name from the muster rolls in unilateral manner, without following the due process of Law. The II Party used the above illegal, imaginary, hypothetical and unscientific Medical report as its tool for unilaterally deciding the age of I Party and other workers. The II Party unilaterally refused employment to the I Party before the age of superannuation even though the I Party is hale and healthy and entitled to work up to the reaching of the age of superannuation i.e., 58 years. The II Party has not followed the Mandatory provision of Section4922 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] 25 F, G, H & N of the Industrial Dispute Act, 1947 and Rules 78 and 79 thereon, and the action of the Management is, therefore, void-ab-initio as laid by the Hon'ble Supreme Court of India in the case Sundaramani Vs. State Bank of India, Santhosh Gupta Vs. State Bank of Patiala, Rober D'Souza Vs. Southern Railway, K.S.R.T.C. Bangalore Vs. Boraiaha and others and also the same is violative of the Provisions of Industrial Dispute Act, 1947. The II Party has un-necessarily created hardship to the I Party by not providing employment. The II Party Management is not justified in retrenching the services of the I Party in the summary manner without following the principals of Natural justice and fair play. Further, apart from the violation of various provisions of the I.D. Act as stated above, the II Party violated its own Certified Standing Orders. The II Party acted contrary to its own Certified Standing Orders/Service Rules for effecting the prematured, superannuation by way of illegal termination. The I Party 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 belongs to socially and economically weaker section and also, the I Party 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/her monthly earnings in the II Party organization and also, due to illegal termination. Also, the I Party is not able to maintain himself and the 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 I Party's place, for raising the dispute and also, to set right the I Party's grievances. The Officials of the II Party/Management have taken undue advantage of I Party's poverty, illiteracy, economic weakness and social weakness. 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. The I Party is entitled for back wages, continuity of service and other consequential benefits from the date of refusal of employment. The II Party has 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 by holding that the action of the II Party Management is not justified in terminating the services of I Party, namely, prematured superannuation of the services of the I Party and also to direct the II Party to reinstate the I Party, with continuity of service, with payment of Full back wages and other consequential benefits from the date of termination till providing employment/reaching the age of superannuation as per the date of birth details registered in the Statutory records like B-register and EPF records and Service records maintained by the II Party and EPF Authorities and to pay the interest at the rate of 18% from the said due date and also up to the date of payment and further award of cost of the present proceedings, in the interest of justice and also, equity.

3. Brief Common submissions made on behalf of II Party in the counter statement are as follows:-

The II Party states that, the dispute raised by the I Party is time barred and belated, and filed after the lapse of time. Further, the I Party has waited for the result in the case filed by the co-workers, who approached Hon'ble HighII (ii) 4923 Court of Karnataka. The success of co-worker of I Party in W.P. No. 5615/2001 and 26101/2001 before Hon'ble High Court of Karnataka inspired the I Party to file this dispute after the lapse of time. Hence, the conduct of the I Party does not deserve any relief at the hands of this Tribunal. Further, the II Party states that, the dispute raised by the I Party is liable to be dismissed on the ground of delay and latches, since the claim made by the I Party is stale and time barred. The II Party has conducted the Medical Examination and the said expert team have examined the I Party and found that, the I Party is not capable to work in a mine, in view of the fact that, the I Party has already reached the age of more than 58 years as on the date of Medical Examination. Further, as per the decision of Management, I Party has been terminated and also given opportunity to prefer an appeal before Appellate Medical Board within 30 days, if the I Party is aggrieved by the said Medical Report. The I Party, who has amicably received the terminal benefits from the II Party, has no right to raise present dispute, after the lapse of time, at the instigation, for the wrongful gain. It is relevant to submit that, the dispute referred by Government of India is itself not maintainable in law. Hence, there is no Industrial Dispute existed or is apprehended. The Medical Examination has been conducted in Scientific Manner on thorough investigation. The I Party is not entitled for any benefits as per law. The I Party is happily working elsewhere since from the date of termination. Further, the statement of the I Party that, the II Party officials failed to consider the reasonable request of the I Party is totally incorrect and false. In fact, the I Party is employed elsewhere and earning salary. The I Party has filed this dispute only for wrongful gain, at the instigation of well-wishers, as admitted by the I Party in the claim statement. The II Party has not acted illegally or arbitrarily. Therefore, the II Party prays to dismiss the dispute filed by the I Party with exemplary costs, in the interest of justice and equity.

4. Already this Court has passed common award dated 27.08.2014. Thereafter, in Writ Petition the Hon'ble Karnataka High Court, has passed the following Order:-

"The matter is remanded to the Central Government Industrial Tribunal Cum- Labour Court for fresh adjudication of the dispute. The Tribunal shall decide the dispute after giving notice to all the parties and pass an award in accordance with law. All the contentions of both the parties are left open." Further, notices have been sent for both sides and additional evidence recorded and arguments heard and after the careful perusal and appreciation of material records in the proper perspective the present Common Award is passed.

5. The crucial points/issues that arise for consideration in the present matter are as follows:-

(i) Whether the present claim has to be rejected on the ground of delay and latches as submitted by the II Party?

(ii) Whether the I Party has to prefer an appeal as against the medical certificate issued by the medical officer as submitted by the II Party in the counter statement?

(iii) Whether after the receipt of the terminal benefits, the I Party cannot raise any dispute in the present case?

(iv) Whether the I Party is entitled to get the relief as claimed in the claim statement, after the careful appreciation of the evidences adduced and documents produced by both the parties, in proper perspective?

6. Analysis, Discussion and Findings with regard to the above mentioned point/issue No. 1:-

The I Party has clearly stated in the claim statement itself, and also in the deposition that, I Party belongs to socially and economically weaker section, and the I Party is the rural based worker, and used to work in mines which is in a remote place of a village and I Party is also an illiterate worker, belonging to economically weaker section, and not a fit person, to fight against the II Party and the I Party has repeatedly requested the officials of II Party mines for permitting the I Party to work and also, due to I Party's acute poverty, I Party has faced huge financial hardship to reach the Labour Department like Assistant Labour Commissioner and Conciliation Officer (C), Hubli from I Party's place, for raising the dispute and also, to set right I Party's grievances and in such circumstances, only the delay has happened for raising the dispute and the delay caused is not intentional and deliberate one, but only due to the above mentioned various reasons. The II Party has not specifically denied the above mentioned statements made by the I Party in the claim statement. Further, the I Party has also stated that, the officials of the II Party/Management have taken undue advantage of I Party's poverty, illiteracy, economic and social weakness by way of refusing employment, and after knowing fully, that the I Party is most incapable in approaching the Labour Authority for redressal of the I Party's grievances. The said details is also not specifically disputed by the II Party. Further, I Party has clearly stated in the claim statement that 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 and the present central reference has been made to this Court by the Government of India, as per the above mentioned details. The said submissions made on behalf of I Party are also not specifically disputed on behalf of the II Party. On the other hand, the Assistant Manager of II Party, namely MW-1, has categorically admitted in his evidence that, I Party is an illiterate person. Further, the I Party has filed copies of Order passed in W.P. No. 5615/2001 dated 29.03.2001, W.A. No. 3460/01 c/w W.A. No. 3459/01 dated 12.06.2002 and W.P. No. 26101/01 c/w W.P. Nos. 23798/01, 23797/01 & 23794/01 dated 01.06.2006, as exhibits marked herein below and also MW-1 has admitted in his evidence that the4924 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] success of the said co-workers in the said Writ Petition and Writ Appeal has inspired the I Party to file the present reference. In the above mentioned facts and circumstances, it is seen that, the I Party is justified in claiming the legal and statutory rights and benefits, due to the unlawful and illegal ways and means followed by the II Party to terminate the service of I Party, without following the principles of natural justice.

7. Further, the I Party has pointed out, in the claim statement, itself that, there is no limitation prescribed for raising the dispute and Article 137 Schedule of the Industrial Dispute Act is not applicable to the present case. Further, the Hon'ble Supreme Court of India, dated 03.12.2010, Mr. Hon'ble Justice. P. Sathasivam and Mr. Hon'ble Justice B.S. Chauhan, in Civil Appeal No. 10231/2010, between Kuldeep Singh Vs. G.M, Instrument Design Development and Facilities Centre and Another, it is clearly held as follows:- "The Labour Court dismissed the claim of the appellant on ground of delay (of five and half years) in raising the dispute. The High Court confirmed the Labour Court's award. Hence this present appeal. The impugned award was set aside with costs of Rs. 50,000 to be paid by respondent- management to appellant." The Hon'ble Supreme Court observed that, there is no time limit prescribed for reference under section 10 of the Industrial Dispute Act, 1947. In the present case also on a careful perusal of above said peculiar facts and vital circumstances and also due to the fact that, the I Party is facing poverty, illiteracy, economic and social weakness and also in the light of the above mentioned various citations, mentioned in the claim statement, it is seen that, the II Party is not justified in raising the objection to the effect that present reference is not maintainable due to the delay and latches. The I Party in the claim statement as well as in the evidence has pointed out that, the I Party is an illiterate and the I Party has repeatedly requested the II Party officials to provide employment in the II Party Organisation. Further, the MW-1, namely the Assistant Manager of the II Party has also admitted that I Party is an illiterate person and it is true to suggest that in the mines there is no shelter from sun and rain and it is true to suggest that there is no health unit and it is true to suggest that, the working conditions as per the mining act have not been provided at the mines. In such circumstances, it is crystal clear that, II Party has not provided the basic and statutory and also necessary facilities for the proper working conditions and also, for the welfare of the I Party workers.

8. Further, Industrial Dispute Act is a social legislation brought into existence after various Industrial Revolutions, stage by stage and the said act has been enacted to provide minimum and basic facilities for workman and protect his/her employment. Further, II Party cannot take the super technical submission of delay and latches as a protective shield to cover up their lapses and violation of laws. Further, it is the well settled law that, I Party can initiate proceedings for the alleged illegal termination of services of workman en-mass by the II Party. Further, for the effective implementation of the Labour enactment and protecting the interest of workman only the Government have created a Labour Department. Further, it is very pertinent to point out that, the present reference is made by the Government of India, Ministry of Labour with the above mentioned schedule. Hence, this Court is bound to pass appropriate award in accordance with law based upon the facts and circumstances of the present matter. The II Party/Management cannot take super technical and hyper technical measures, so as to avoid payment of the legitimate amounts, payable to the I Party/Workman. Further, it is clearly held in the judgment reported in 1995-II-LLJ 835, between H.S. Vasantsenaiah Vs. The Divisional Controller, K.S.R.T.C & Anothers, as follows:- "Delay in approaching the Labour Court- No ground to deny back wages and other consequential benefits."

9. Further, it is held in the judgment reported in 1999-LLJ-II-pg 482-483 [SC], between Mahavir Singh Vs. U.P. State Electricity Board and others, as follows:- "Delay in raising dispute – Labour Court finding termination of workman's service illegal-reference could not be rejected." Also in the judgment reported in 2003-LLJ-I-pg 412-414 [MP], between Ramadhar Tiwari Vs. Union of India and others, it is clearly held as follows:- "No limitation laid down for raising dispute under statute - dispute raised after about 5 years - not one which could be refused on ground of delay." Again, in the judgment reported in 1994-LLJ-I-pg 468-471 [All], between U.P. State Spinning Mills Co. Vs. State of U.P and others, it is specifically held as follows:- "Lapse of 11 years between raising a dispute and making reference does not lose the character of industrial dispute." Further, in the judgment reported in 2002-LLJ-I-pg 1079- 1081 [Del], between Mangal Singh Vs. Presiding Officer, Industrial Tribunal No.1, Delhi and another, it is clearly held as follows:- "Relief under Industrial Dispute Act, 1947 not to be denied to workman merely on ground of delay." Also, in the judgment reported in 2002-LLJ-I-pg 1129-1132 [Bom], between Haribhau S/o. Gaman Waghchaure Vs. State of Maharashtra and another, it is clearly held as follows:- "Limitation Act does not apply to proceedings under Industrial Dispute Act, 1947- If plea of delay be raised, employer to show real prejudice caused by delay and not rely on it as mere hypothetical defense." In the present case also, considering the above mentioned socio-economic conditions, poverty and illiteracy, of the I Party, it is found that, the appropriate relief, in accordance with law has to be granted to the workman and the same cannot be denied, as per the mere hypothetical defence taken by the II Party regarding the delay and in fact, the II Party has not established the real prejudice caused by the said delay.

10. Further, in the judgment in the case of Basti Sugar Mills Co. Ltd. Vs. State of U.P., (1979) 2 SCC 88, by V. Kishna Iyer. J, it is pointed out as follows:- "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 onerousII (ii) 4925 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. Also, 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." In the present case also, it is seen that, the II Party has clearly admitted in the counter statement that, the success of the co-workers of I Party in W.P. No. 5615/2001 dated 29.03.2001, W.A. No. 3460/01 c/w W.A. No. 3459/01 dated 12.06.2002 and W.P. No. 26101/01 c/w W.P. Nos. 23798/01, 23797/01 & 23794/01 dated 01.06.2006, has inspired the I Party to file the present reference and in fact, the I Party has specifically pointed out in the claim statement and evidence that, the I Party is an illiterate person and the I Party is facing poverty, economic and social weakness and the I Party has repeatedly requested the II Party officials to provide employment to the I Party and Assistant Manager of II Party MW-1 has also admitted in his evidence that, I Party is an illiterate person and also the II Party has not established the real prejudice caused to the II Party, by the said delay.

11. Further, the Hon'ble High Court of Karnataka, in W.P. No. 9974/2006 (L-TER) dated 07.01.2015, (Before Mr. Hon'ble Chief Justice D.H. Waghela and Mr. Hon'ble Justice Budihal. R. B), in the case of The Management of National Aerospace Laboratories Vs. Engineering & General Workers Union and the Managing Directors, it is particularly held as follows:- "The jurisdiction of an Industrial Tribunal, 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." In the present case also, for the above mentioned facts and circumstances it is found that, I Party is entitled to get appropriate relief, in accordance with law, and the II Party is not justified in raising the objection on the ground of delay and latches, as per the said jurisdiction of the present Court. Thus, the point is answered in favour of the I Party.

12. Analysis, Discussion and Findings with regard to the above mentioned point/issue No. 2:-

The MW-1 the Assistant Manger of II Party, who has given evidence on behalf of II Party has admitted that, it is true to suggest that, there is no health unit and the working conditions as per the mining act have not been provided at the Mines. The said admission is also clinchingly established the various above mentioned allegation made as against the II Party. Further, MW-1 has admitted that, it is true to suggest that, as per the provisions of the mining act there should be a qualified doctor to attend the I Party workers at the mining site. If it is so, then there is no need for the II Party to get the doctor from Hatti Gold Mines and to subject the I Party to medical examination. On that ground only, I Party has clearly stated in the claim statement that, as per the illegal medical certificate, the social and economic weaker section person of the I Party has been refused to continue the work by the II Party.

13. Further, MW-1 namely, the Assistant Manager of II Party/Management has admitted that the II Party company has suffered loss of 21 crores due to mis-management and it is also true to suggest that, due to the said mis- management, the financial crisis has occurred and it is true to suggest, having suffered the said loss the management thought of reducing the number of workers and it is true to suggest that, the Management ordered for medical examination of all the mining workers. For the said reasons only, I Party has categorically stated in the claim statement that, II Party has suffered huge loss due to mis-management and in the way of reducing the number of workers they have conducted illegal medical examination and terminated several workers including I Party. Further, MW-1 admitted that, to examine the workers doctors, have come from Hatti Gold Mines Ltd. However, he has admitted, that he does not know the names and qualifications of those doctors.

14. Further, in the counter statement the II Party has stated that, the I Party has been given opportunity to prefer an appeal before Appellate Medical Board within 30 days, if the I Party is aggrieved by the Medical Report. However, the MW-1 has categorically admitted that, it is true to suggest that, they have not produced the Medical certificate issued by the Doctor who has examined the I Party health condition and it is also true to suggest that, the Medical From 'O' is in English language. At the same time, the MW-1 has admitted that, I Party workers are illiterate workers. Hence, it is found that the said medical certificate has not been issued in the language known to the workers/I Party and also not understood by the I Party and in fact, the said medical certificate is also not submitted to this Court by the II Party. In such circumstances, it is too much on the part of II Party to content that I Party has got the appeal remedy as per the medical certificate and the workers have not availed the appeal remedy and hence they cannot file the present case before this Court. Further, MW-1 has admitted in his evidence that, the Doctors have not conducted the medical4926 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] examination in his presence and he does not know in what respect the I Party has been found unfit to continue in service and he has to verify in the office whether copy of notice issued to I Party after medical examination or acknowledgement regarding service of notice on the I Party is available or not. So, the MW-1 has not produced the relevant records to establish that, after medical examination, proper record has been issued to I Party to appeal before 30 days. On the other hand, MW-1 has categorically admitted that, II Party has not produced the Medical certificate issued by the Doctor who has examined the I Party. Above all, MW-1 has admitted that, it is true to suggest that, I Party has not been issued with charge sheet and no enquiry has been conducted before the termination of his service. The said categorical admission of MW-1 shows that, II Party has not terminated the I Party as per the principles of natural justice.

15. Further, MW-1 has admitted that, it is true to suggest that as per the clause 18 and 24 any termination has to be followed by enquiry along with 3 months notice pay. However, MW-1has admitted that, I Party has not been issued with charge sheet and also, enquiry has been conducted. Hence, it is crystal clear that, II Party has not terminated the I Party in accordance with law. Further, MW-1 has admitted that, termination order has not been attached with copy of Medical Certificate pertaining to I Party. Furthermore, MW-1 has admitted that, he does not know in what respect the Medical Officer opined that, the I Party is being medically unfit. Further, MW-1 has admitted that, it is true that, II Party has not taken any permission from Labour Ministry or Labour Secretary under the provisions of I.D. Act for terminating services of several employees on the basis of medical grounds. Further, MW-1 has specifically admitted in his evidence that, it is true to suggest that I Party is the illiterate person and it is true to suggest that company has not furnished to the I Party the Kannada Version/translation of Medical Certificate which is in English and the company has enhanced the age of employees to 60 years w.e.f 17.07.2008. In the light of the above mentioned facts and circumstances it is found that, the II Party is not justified in submitting that, the I Party has to prefer only the appeal as against the medical certificate issued by the medical officer. Thus, the point/issue is answered as against the II Party.

16. Analysis, Discussion and Findings with regard to the above mentioned point/issue No. 3:- The I Party has stated in the claim statement that, he is entitled to work till attending the age of superannuation and the I Party's actual date of birth is registered in EPF, B-register and Service records, etc and suddenly, the II Party has refused to provide employment to the I Party, as per the so-called illegal medical examination and the co-workers have challenged there pre-matured retirements and age certification before the Hon'ble High Court of Karnataka, viz.,

(i) Writ Petition No. 5615/2001 between Smt. K.Dundamma Vs. MML, and the same Management of II Party challenged the same in Writ Appeal No. 3460/2001 C/W W.No. 3459/2001. The said Appeal has been rejected on 12.06.2002 confirming the single Judge order dated 29.03.2001. In view of the said decision the Management reinstated the above mentioned pre-matured retired employee with payment of back wages, with continuity of service thereon.

(ii) Writ Petition No. 26101/2001,C/W W.P. Nos. 23798/2001, 23797/2001 & 23794/2001 filed by Sri V.C. Range Gowda and 8 others Vs. MML, and the same has been allowed on 01.06.2006. The MW-1, the Assistant Manger of II Party has also admitted the said details, in his evidence. Further, the I Party has specifically pointed out that, on account of administrative problems faced by the II Party, the II Party adopted its own tactics, ways and means for terminating the Mining Workers in short cut methods and also, in an illegal and irregular manner by adopting anti-labour and un-fair labour practice and victimized the I Party and other co-workers by removing them enmasse by resorting to so-called Medical Examination during the year 1998 in illegal and irregular manner, without disclosing the true fact, to the I Party and also without notifying the so-called Medical Report i.e., not by a Doctor of a Rank of Assistant Civil Surgeon as defined in Rule 29-C of the Mines Rules 1995 and hence, the so-called Medical Examination conducted by the II Party is illegal and irregular, and the same is not having any legal sanctity and not sustainable in law as it is violative of Rule 29-C. The MW-1, Assistant Manger of II Party has candidly admitted in his evidence that, due to mis-management, the II Party has suffered administrative problems, and hence, the II Party has decided to terminate the services of the I Party workers.

17. Further, it is specifically pointed out by the I Party that, II Party has no right to refuse the employment to the I Party without following the due process of Law and the II Party used the illegal, imaginary, hypothetical and unscientific Medical report as its tool for unilaterally deciding the age of I Party and other workers even though the correct age is mentioned in the EPF, B-register and Service records, and I Party is hale and healthy and entitled to work up to the age of superannuation. In the evidence also, I Party has stated the said details mentioned in the claim statement. Further, in the cross examination, I Party has clearly pointed out that, it is not true to suggest that, as per the request made by the union the II Party subjected the I Party to medical check up and found the I Party unfit to continue in service. In the additional evidence also, the I Party has pointed out that, it is not true to suggest that as on termination, all amounts due to I Party have been received and the I Party has filed the present case, without anyII (ii) 4927 justification. Further, the II Party has also not produced any relevant records, to establish that, the II Party has paid all the amounts due to I Party as on the date of termination. Further, it is observed in the judgment reported in 1984-I-LLJ 388(SC) as follows:- "Acceptance of retirement benefits – Acceptance of retirement benefits by the workmen concerned – Whether precluded from raising Industrial Disputes Challenging Orders of retirement. On the materials placed by the management, held, neither a case of acquiescence nor a case of waiver on the part of workmen was made out – Held, the workmen were entitled to wages for the period between the dates of retirement and the dates of their reaching the age of 58 years." Also, in the judgment reported in 1997-II-LLJ 228(SC) it is held as follows:- "There is no statutory estoppels in favour of the Officer." Further, it is the settled law that, there is no estoppel as against the statutory rights/benefits, which the I Party/workman is entitled to get under the provisions of the Industrial Disputes Act, 1947 and the II Party has also not established that, the action has been taken by the II Party as against the I Party, as per the principles of natural justice and also, as per the procedure and practice to be followed in accordance with law. In the light of the above mentioned reasons, facts and circumstances it is found that, the II Party is not justified in submitting that, after the receipt of the terminal benefits the I Party cannot raise any dispute in the present case and thus, the point/issue is answered as against the II Party.

18. Analysis, Discussion and Findings with regard to the above mentioned point/issue No. 4:-

The I Party has categorically stated that, due to mis-management the II Party has suffered a loss and hence, the II Party has found its own tactics, ways and means for terminating the mines workers in short cut methods and also in an illegal and irregular manner by adopting anti-labour and un-fair labour practice and victimized the I Party and other co-workers by removing them enmasse by resorting to so-called Medical Examination during the year 1998 in illegal and irregular manner. Further, MW-1 has admitted in his evidence that the II Party has entrusted the work to private party in spite of availability of technical persons and machinery in the year 1995-1996 and hence, the II Party company has suffered a loss of about Rs. 21 crores and it is also true to suggest that, due to said mis-management the financial crisis occurred and also it is true to suggest that, having suffered the said loss the management thought of reducing the number of workers. Hence, it is clear that, the MW-1 of II Party has also admitted the said submissions made by the I Party in the claim statement. Further, MW-1 has admitted that, he cannot right now give the date, month and year of notice served to I Party and it is true to suggest that, I Party has not been issued with charged sheet and no enquiry has been conducted before the termination of the I Party. Further, MW-1, admitted that, it is true to suggest that as per the clause 18 and 24 any termination has to be followed by enquiry along with 3 months notice pay. However, MW-1 has clearly admitted that 3 months notice pay has not been paid to the I Party by the II Party.

19. Further, MW-1 has admitted in his evidence that, it is true to suggest that, there is Statutory Report, B Register and Provident Fund Register. Further, I Party has categorically stated that, the date of birth has been entered in the Statutory Report, B Register and Provident Fund Register and the II Party without any valid reasons pre-maturely terminated the service of the I Party. Further, the date of birth of I Party mentioned in the claim statement is the same as mentioned the employees register, which is marked as Ex M-1, except in the case of CR No. 101/2007. In the case of CR No. 101/2007, as per the Ex M-1, the date of birth of workman is 01.07.1948. Also, the Circular relating to enhancing the superannuation age from 58 years to 60 years to the workers of II Party, is applicable only to persons who are in employment as on 17.07.2008 only. Further, MW-1 has clearly admitted that, it is true to suggest that, as per Clause 18.3 of CDPR rules, the changes in the date of birth, as entered in the company record, can only effected on a judgment of a competent Court and except on a judgment of a Court, the date of birth once recorded, will not be changed at the request of the Officer/Employee under any circumstances. For that reason only, I Party has clearly stated that, the II Party has terminated the service of I Party pre-maturedly without any valid reasons. Further, the act of the II Party, certainly, is not proper and legal and as much as, no valid reasons have been furnished by the II Party for not producing the medical certificate issued to the I Party by the II Party and no valid reason has been furnished by the II Party as to what prevented the II Party in not following the principles of natural justice and also for not producing the material records, though they are very important records, to prove the aforesaid details mentioned in the counter statement filed on behalf of II Party. Further, on the careful perusal of material records mentioned in the Exhibits list, it is seen that, II Party has refused to provide work to the I Party without following the due process of law. Further, it is found that, there is discrimination and also violation of fundamental right caused to the I Party and it is not proper and also, not legal to give forceful retirement to I Party, by the II Party, without following the due process of law.

20. Further, it is seen that, the II Party has not terminated the service of the I Party as per the Principles of Preponderance of Probability. Further, no injustice can be caused by the II Party to the I Party and I Party cannot be victimized due to the actions of the II Party without any valid reasons. Further, it is relevant to mention that, the I Party/workman has been punished by II Party without adopting the procedure known under law. 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. The ultimate object is to see that industrial disputes are settled by industrial adjudication on principles of fair play and justice. Further, the awarding of reinstatement does not amount to automatic conferment of back wages as held in 2009 (4) LLJ 667 (SC)4928 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] Malla C.N. Vs. State of Jammu and Kashmir & others. Further, it is held by the Hon'ble Supreme Court, in the case of APSRTC Vs. B.S. David Pal, reported in 2006 (2) SCC 282, that the entitlement of back wages is not automatic on reinstatement. Awarding of back wages, depend upon other factors and circumstances. The I Party has pointed out in the claim statement that the I Party has been thrown out of employment and is facing hardship. In the affidavit also, the I Party has stated that with no financial income the I Party is facing great hardship. However, the claim of the workman that, the I Party is entitled for the full back wages, cannot be considered, having regard to fact that the I Party has not performed any work for II Party from 1998 to the date of superannuation, for the several years, and also, in order to balance the interest of both the parties, by adopting the balancing test or balancing process in the proper manner, this Court is of the considered opinion that in the facts and situation of the present case, 50% back wages and other consequential benefits only can be granted to the I Party. In the claim statement, the I Party has claimed interest, however the I Party has not enlightened the fact that the I Party is entitled to get interest also as prayed for in the claim statement by adducing relevant evidence and appropriate records. Hence, it is found that, the I Party is not entitled to get interest amount for the above mentioned factual reasons and also legal grounds.

21. Further, in the judgment reported in 2010-I-LLJ-861(SC), in C.A. No. 2874/2009, dated 28.04.2009, (Before Mr. Justice Tarun Chatterjee and Mr. Justice H.L. Dattu), in the case of Malwa Vanaspati & Chemical Co. Ltd. Vs. Rajendra, it is held as follows:- "Back Wages – Entitlement for full back wages – Depends upon facts and circumstances of each case – Employee reinstated in service – Question of termination or reinstatement not in dispute – Employee only entitled to 50% back wages." Also, in the judgment reported in AIR 2009 Supreme Court 240, in C.A. No. 5425/2008, dated 02.09.2008, (Before Mr. Justice Tarun Chatterjee and Mr. Justice Aftab Alam), in the case of M.P. Electricity Board & Ors Vs. Maiku Prasad, it is held as follows:- "Industrial Dispute Act (14/1947), Sch. 2, Item 6 – Back wages – Curtailment – Respondents' service terminated for unauthorised absence – Termination set aside by Labour Court – Direction for reinstatement and payment of full back wages passed – Considering long period between termination and reinstatement for which respondent has not worked – Back wages reduced to 50%." Further, in the judgment reported in 2010-I-LLJ-861(SC), in C.A. No. 2874/2009, dated 28.04.2009, (Before Mr. Justice Tarun Chatterjee and Mr. Justice H.L. Dattu), in the case of Malwa Vanaspati & Chemical Co. Ltd. Vs. Rajendra, it is held as follows:- "Back Wages – Not to be granted mechanically, upon termination of service being held illegal- Service of workman terminated in 1987 – Labour Court gave its award in 2002 holding termination illegal – In circumstances of case, 50% back wages held proper and payment thereof accordingly directed." In the present case also, it is found that, the I Party is entitled to get 50% of the amount, out of the total amount of the monetary benefits with continuity of service, and other consequential benefits that I Party would have received in the absence of the impugned punishment of refusal to provide employment, by the II Party.

22. Further, in the judgment reported in 2009-I-LLJ 1 [SC], between Senior Regional Manager, TASMAC Ltd., and another Vs. The M. Raviselvam, it is held as follows:- "Back wages-payment of back wages questioned- On reinstatement, full back wages is not to be paid automatically. It depends upon facts of each case. In the present case order for payment of back wages modified to the extent of 50% to be paid by the Management." And in the judgment reported in 1999-LLJ-I-pg 1260-1265 [SC], between Ajaib Singh Vs. Sirhind Co-operative Marketing-Cum- Processing Service Society, it is clearly held as follows:- "Delay in seeking relief by workman against Termination of Service-Article 137 of Schedule to Limitation Act not applicable to proceedings under I.D. Act – Workman entitled to 60% of back wages." Further, in the judgment reported in 1990 [61] FLR 768, between Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and others, it is held as follows:- "A confirmed and permanent employee-Terminated without one month's notice or pay in lieu of and without holding enquiry and affording any opportunity-Termination was illegal-Principles of natural justice violated." In the present case also, the II Party has terminated the I Party without following the Principles of natural justice and without holding enquiry and also without offering opportunity to the I Party to put forth his/her defence. Further, in the judgment reported in 2010-I-LLJ 682 [Bom], between Santhosh Kumar, S/o Babulal Gupta Vs. Sub-Area Manager, Western Coal Fields Ltd., Maharastra and another, it is held as follows:- "Dismissal of workman from service – no enquiry held – termination order not served on workman – punishment held disproportionate – deprivation of 50% back wages with warning issued to workman held would be proper." Further, the II Party has stated in the counter statement that, the I Party, on medical examination, has found to be unfit to work. However, in the same counter statement II Party has stated that, I Party is happily working elsewhere since the date of termination and the I Party is working elsewhere also earning salary. In such circumstances, it is seen that, the submissions made by the II Party in the counter statement are self contradictory. On that ground also II Party is not justified in terminating the services of I Party without following the principles of natural justice, fairness and reasonableness. Further, on the totality of the above mentioned facts and circumstances, and also, after taking into consideration the evidences and exhibits mentioned herein below, in the proper perspective, the following award is passed, in the best interest of justice, equity and fair play.

II (ii) 4929

(i) In C R No. 22/2007 Sh. Giddegowda Vs. MML

AWARD

The II Party/Management is not justified in imposing the punishment of termination of I party/Sh. Giddegowda with effect from 09.09.1998 and II Party is directed to pay to the I Party 50% of the amount, out of the total amount of back wages and other consequential benefits, salary and allowances and all benefits due and payable to the I Party from the date of termination, namely, 09.09.1998 till the I Party attains the age of retirement i.e, 12.08.2010 to which the I Party would have been entitled in the absence of the impugned termination of service passed by II Party. In computing such benefits the I Party shall be deemed have been in continuous service of II Party, till the date the I Party attains the age of retirement and the present reference is answered, accordingly, without cost for the above mentioned peculiar facts and circumstances.

(ii) In C R No. 30/2007 K.N. Honnegowda Vs. MML

AWARD

The II Party is not justified in terminating the service of the Sh. K.N. Honnegowda – workman,(since deceased) w.e.f 29.04.1998 and II Party is directed to pay 50% of the amount, out of the total amount of back wages and other consequential benefits, salary and allowances and all benefits due and payable to the I Party/Workman to the LRs of the deceased workman, namely, the above mentioned LR's by paying 1/5th share each, from the said amounts payable to deceased workman from 29.04.1998 to 01.12.2005, and the award is passed accordingly, without cost for the above mentioned peculiar facts and circumstances.

(iii) In C R No. 101/2007 Smt. B. Kempamma Vs. MML

AWARD

The II Party is not justified in terminating the service of the Smt. B. Kempamma – workman,(since deceased) w.e.f 04.02.1998 and II Party is directed to pay 50% of the amount, out of the total amount of back wages and other consequential monetary benefits, salary and allowances, and all benefits due and payable to the I Party/Workman, to the LRs of the deceased workman, namely, the above mentioned LR's by paying 1/4th share each, from the said amounts payable to deceased workman from 04.02.1998 to 01.07.2006, and the award is passed accordingly, without cost for the above mentioned peculiar facts and circumstances.

(iv) In C R No. 38/2007 Sh. Thopegowda Vs. MML

AWARD

The II Party/Management is not justified in imposing the punishment of termination of I party/ Sh. Thopegowda with effect from 28.06.1998 and II Party is directed to pay to the I Party 50% of the amount, out of the total amount of back wages and other consequential benefits, salary and allowances and all benefits due and payable to the I Party from the date of termination, namely, 28.06.1998 till the I Party attains the age of superannuation i.e, 11.05.2011 to which the I Party would have been entitled in the absence of the impugned termination of service passed by II Party. In computing such benefits the I Party shall be deemed have been in continuous service of II Party, till the date the I Party attains the age of superannuation and the present reference is answered, accordingly, without cost for the above mentioned peculiar facts and circumstances.

(Dictated, transcribed, corrected and signed by me on 21st July, 2017)

V. S. RAVI, Presiding Officer

(i) In C R No. 22/2007 Sh. Giddegowda Vs MML

List of Witness on the side of I Party:

WW 1 Smt. Giddegowda, I Party/ workman and also additional evidence

List of Witness on the side of II Party:

M W 1 Sh. Somanna, Assistant Manager, II Party/ Management
4930 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Exhibit marked on behalf of I Party:

Exhibits Date Description of Document
Ex W-1 - Membership Application Form issued by II Party
Ex W-2 29.03.2001 Order passed in W.P. No. 5615/2001
Ex W-3 12.06.2002 Order passed in W.A. No. 3460/2001 c/w 3459/2001
Ex W-4 01.06.2006 Order passed in W.P. No. 26101/2001 c/w 23798/2001, 23797/2001 & 23794/2001
Ex W-5 22.08.2008 Circular relating to enhancing the superannuation age from 58 years to 60 years

Exhibit marked on behalf of II Party:

Exhibits Date Description of Document
Ex M-1 - Register of Employees

(ii) In C R No. 30/2007 K.N. Honnegowda Vs MML

List of Witness on the side of I Party:

WW 1 Sh. K.N. Honnegowda, I Party/workman
WW 2 Sh. K.H. Venkatesh, S/o Late Nanjeshi Gowda
WW 3 Smt. Padma, W/o Expired son of Workman

List of Witness on the side of II Party:

MW 1 Sh. Somanna, Assistant Manager, II Party/ Management

Exhibit marked on behalf of I Party:

Exhibits Date Description of Document
Ex W-1 29.04.1998 Termination Order issued by II Party
Ex W-2 29.03.2001 Order passed in W.P. No. 5615/2001
Ex W-3 12.06.2002 Order passed in W.A. No. 3460/2001 c/w 3459/2001
Ex W-4 01.06.2006 Order passed in W.P. No. 26101/2001 c/w 23798/2001, 23797/2001 & 23794/2001
Ex W-5 22.08.2008 Circular relating to enhancing the superannuation age from 58 years to 60 years
Ex W-6 18.04.2017 Genealogical tree.
Ex W-7 15.08.2016 Death Certificate of workman
Ex W-8 06.08.2016 Death Certificate of wife of workman
Ex W-9 17.08.2015 Death Certificate of son of workman

Exhibit marked on behalf of II Party:

Exhibits Date Description of Document
Ex M-1 - Register of Employees
Ex M-2 - Employees Service Record
II (ii) 4931

(iii) In C R No. 101/2007 Smt. B. Kempamma Vs MML

List of Witness on the side of I Party:

WW 1 Sh. Manje Gowda, S/o Late Smt. B Kempamma and also additional evidence

List of Witness on the side of II Party:

MW 1 Sh. Somanna, Assistant Manager ,II Party/ Management

Exhibit marked on behalf of I Party:

Exhibits Date Description of Document
Ex W-1 29.03.2001 Order passed in W.P. No. 5615/2001
Ex W-2 12.06.2002 Order passed in W.A. No. 3460/2001 c/w 3459/2001
Ex W-3 01.06.2006 Order passed in W.P. No. 26101/2001 c/w, 23798/2001, 23797/2001 & 23794/2001
Ex W-4 22.08.2008 Circular relating to enhancing the superannuation age from 58 years to 60 years
Ex W-5 26.09.2006 Death Certificate of workman
Ex W-6 Genealogical tree.

Exhibit marked on behalf of II Party:

Exhibits Date Description of Document
Ex M-1 - Register of Employees

(iv) In C R No. 38/2007 Sh. Thopegowda Vs MML

List of Witness on the side of I Party:

WW 1 Sh. K N Nanjunde Gowda, I Party/ workman and also additional evidence
MW 1 Sh. Somanna, Assistant Manager ,II Party/ Management

Exhibit marked on behalf of I Party:

Exhibits Date Description of Document
Ex W-1 - Membership Application Form issued by II Party
Ex W-2 29.03.2001 Order passed in W.P. No. 5615/2001
Ex W-3 12.06.2002 Order passed in W.A. No. 3460/2001 c/w 3459/2001
Ex W-4 01.06.2006 Order passed in W.P. No. 26101/2001 c/w 23798/2001, 23797/2001 & 23794/2001
Ex W-5 22.08.2008 Circular relating to enhancing the superannuation age from 58 years to 60 years

Exhibit marked on behalf of II Party:

Exhibits Date Description of Document
Ex M-1 - Register of Employees
4932 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

—

New Delhi, the 2nd August, 2017

S.O. 1850.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 74/2014) of the Central Government Industrial Tribunal/Labour Court, Jabalpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. National Mineral Development Corporation Ltd. and their workman, which was received by the Central Government on 26.07.2017.

[No. L-29011/14/2014-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/74/14

The President, Bhartiya Khadan Mazdoor Sangh (BMS), Bacheli Branch, PO Bacheli, Distt. Dantewada Chhattisgarh

…Workman/Union

Versus

General Manager, NMDC Ltd., BIOM, Bacheli Complex, PO Bacheli, Distt. Dantewada, Chhattisgarh

…Management

AWARD

Passed on this 23rd day of June, 2017

1. As per letter dated 6-6-14 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-29011/14/2014- IR(M). The dispute under reference relates to:

"Whether the action of the management of National Mineral Development Corporation Ltd., Bacheli Complex, Distt. Dantewada(CG) in deducting one day wages plus other allowances of workers not taken to the duty spot by the management is justified or not? If not, what relief the concerned workmen are entitled to?"

2. After receiving reference, notices were issued to the parties. Ist party not appeared despite repeated notices. As such proceeded exparte on 5-12-2016.

3. 2nd party management filed exparte Written Statement. Case of 2nd party is that Ist party had issued notice for direct action dated 22-11-2012. After receiving said notice, management informed Labour Authorities, Direct Administration to maintain the law and order situation. Similar request was made to Supt. Of Police, Dantewada, SDM, Dantewada, SDOP Town Inspector of police station, Bacheli, Senior Commandant CISF for maintaining the law and other situation. Unions SKMS, MMWU & BMWU representatives and management held meeting on 19-11-12 with police and other authorities. It was agreed that members of the Union will not stop willing employees from work in the shifts. They would not create hurdle in the working. Meeting was attended by management representative D.V.RajuII (ii) 4933 AGM, Shri Rajesh Singh Sr.Manager. District Authorities had deployed sufficient police personnel. Transport facility was arranged by management for attending duty by the employees. That members of BKMS Union had mingled with other employees not availing transport facilities by the management. Members of the claimant Union did not report for duty on 22-11-2012. They were treated absent from duty. It is alleged that they were directly involved in strike and because of illegal strike, corporation suffered loss of Rs.7.89 crores. Wages of employees absent from work were deducted. Union raised present dispute. It is reiterated that employees members of the Union not availed transport facility. He did not report on duty. Their attendance cannot be allowed. Union has not filed statement of claim in the matter.

4. Management filed affidavit of witness Sailendra Soni supporting whole contentions in Written Statement filed by management.

5. Ist party ot participate in reference proceeding. Therefore considering unchallenged evidence of management's witness, action of management deducting one day wages is legal.

6. In the result, award is passed as under:-

(1) The action of the management of National Mineral Development Corporation Ltd., Bacheli Complex, Distt. Dantewada(CG) in deducting one day wages plus other allowances of workers is legal.

(2) Workmen are not entitled to any relief.

R. B. PATLE, Presiding Officer —

New Delhi, the 2nd August, 2017

S.O. 1851.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 13/2006) of the Central Government Industrial Tribunal/Labour Court, Jabalpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Manganese Ores (India) Ltd. and their workman, which was received by the Central Government on 26.07.2017.

[No. L-27011/1/2006-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/13/2006

Secretary, Rashtriya Manganese Mazdoor Sangh Bansi Villa Compound, Katol Road, Nagpur

….Workman/Union

Versus

General Manager(P), MOIL, 3 Mount Extension, PO Box No.34, Nagpur

…Management4934 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

AWARD

Passed on this 23rd day of June 2017

1. As per letter dated 24-4-2006 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- 27011/1/2006-IR(M). The dispute under reference relates to:

"Whether the action of the management of Manganese Ores(I)Ltd in imposing the penalty of dismissal from service is justified? If not, to what relief Shri Parvez Khan is entitled to?"

2. After receiving reference, notices were issued to the parties. Ist party workman filed statement of claim. Case of workman is that he was appointed as trainee Car and Lorry Driver by management for period of one year vide order dated 6-10-2011. His appointment was on condition if his work was found satisfactory, he would be appointed regularly. After his work was found satisfactory vide order dated 21-2-02, he was regularized on post of Driver in pay scale 3900-5150. That accident occurred due to negligent driving of the worker. He was suspended on 22-11-02. Chargesheet was issued to workman on 4-12-03. Because of negligent driving, dumper No.6 fell and got damaged. Workman submitted reply to chargesheet on 9-12-03 explaining the circumstances claiming that he was not negligent in performing his duties. The accident occurred due to mechanical fault. His explanation was not accepted. Shri Sengupta was appointed as Enquiry Officer, G.V.Vagnu Sr.Dy General Manager as Presenting Officer. Statement of 4 witnesses of management were recorded. Statement of 2 witnesses in defence were recorded. Workman reiterates that he was not given proper opportunity by Enquiry Officer. Principles of natural justice were not followed. Enquiry Officer submitted report holding him guilty of all charges. After issuing notice, punishment of dismissal was imposed against him. Workman reiterates that enquiry was not conducted following principles of natural justice. Procedure adopted by Enquiry Officer was illegal. Evidence of management's witnesses was not properly considered. On such ground, workman prays for his reinstatement with backwages.

3. 2nd party management filed Written Statement opposing claim of workman. It was reiterated that workman not filed statement of claim. Workman has filed statement of claim afterwards.; that management had received complaint against workman. Chargesheet was issued to workman on 4-12-03 about negligent driving of dumper No.6 causing damage. Enquiry was conducted on various dates following proper procedure. It is denied that enquiry was conducted in violation of principles of natural justice. Statements of witnesses were recorded. Enquiry Officer submitted findings that charges alleged against workman are proved. Dumper fell down 20-25 meters due to negligent driving. Dumper suffered damage. Considering the proved charges, punishment of dismissal imposed on workman is legal.

4. As per order dated 1-3-17, enquiry conducted against workman is found proper and legal.

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 charges alleged against workman is proved from evidence in Enquiry proceedings? Partially proved
(ii) Whether the punishment of dismissal imposed against workman is proper and legal? In Negative
(iii) If not, what relief the workman is entitled to?" As per final order

REASONS

6. The term of reference pertains to legality of punishment of dismissal imposed against workman. Enquiry is found legal. Charges alleged against workman required to be decided from evidence in Enquiry Proceedings. Exhibit M-9 report to police given by Incharge Manager shows that workman was driving dumper No.6 which fell down 20-25 ,meters down. After getting information about the accident, he had visited the place of incident, he accompanied by Anand Sethi operator. They had found the dumper lying 20-25 meters down. Exhibit M-1 is chargesheet issued to workman M-2 is reply given to the chargesheet by workman denying the charges. Explanation given by workman was that the accellator had stuck. In Enquiry Proceeding, witness Anil Gaikwad has stated that workman was driving dumper No.6 whole day on 13-11-2003. They completed 12 capes in the day. No complaint was received against the workman. Thereafter while dumper was taken for other trip, while taking dumper reverse as there was sand, there was raising of dumper. Workman jump from top of dumber. He suffered some injuries. Dumper suffered damage of Rs.17,57,998. During enquiry, workman was requesting insurance papers and documents about inspection of the vehicle, the same were not supplied. Those documents are not produced in the Enquiry proceedings. Statement ofII (ii) 4935 witness V.P.Chouhan is on the pint that on 13-11-03, night 10pm, he received message from Anil Gailwad about accident of dumper. When they visited site, the dumper was found in turtled position, its half body was lying upper. The dumber had suffered damage. Similar is the evidence of other witness. Workman Parvez Khan had explained that while taking dumper reverse, the engine was raised and he lost control of the dumper. Same is the evidence of management's witness Ramdas that workman suffered injury to his hands. At the time of incident, workman had jumped from top of the dumper. It is certainly that because of it workman did not suffered serious injuries. Management's witness No.4 Manoj Sarif Khan have similar evidence. In his cross-examination, management's witness Sharif Khan said he was working as Driver since past 12 years. While turning the vehicle some times the gear is stucked. Workman cannot be held totally negligent while driving vehicle. The incident occurred due to stucking of gear appears probable. Evidence of witnesses shows while driving dumper No.6 at the relevant time, there was barrier of sand of about 2 feet height. As height of the barrier was not adequately high, the dumper had fallen in the deep. Evidence shows while taking reverse back, engine had raised and gone beyond control. Workman not taken safety measure and to that extent, charge of negligence is established against workman. For above reasons, I record my finding in Point No.1 as partly proved.

7. Point No.2- In view of my finding in Point No.1 negligence of workman while driving dumper No.6 is partly established. Workman jumped from top of dumper to save his life. Punishment of dismissal imposed against workman appears harsh and disproportionate. Considering the negligence on part of workman, he had not taken safety measures, punishment of dismissal imposed against workman requires to be modified.

8. Shri A.K. Shashi counsel for management relies on ratio held in case between-

Jaswant Singh versus Pepsu Roadways Transport Corp reported in 1984-SC-355. In above cited case, the driver of a passenger bus driving under intoxicating liquor while on duty endangering the safety of passengers.

The facts of present case are not comparable. Therefore ratio in above cited case cannot be applied to case at hand.

In case between Nand Kishore versus State of Bihar reported in AIR-1978-SC-1277. Their Lordship dealing with disciplinary proceeding held that domestic Tribunal must base its conclusion on some evidence and not mere suspicious.

In case between Ramakant Mishra versus State of UP reported in 1982-LAB.I.C.1790. their Lordship dealing with Section 11-A of ID Act held that Supreme Court can examine correctness of exercise. Dismissal of employee for use of indiscreet language disclosing threatening posture was upheld by their Lordship.

The facts of present case are not comparable. Workman was operating dumber for whole day making 12 trips. In night around 9.30 pm when trip of dumber was taken, the dumper No.6 fell down when engine was raised. Considering workman cannot be held fully responsible for accident, punishment of dismissal deserves to be modified withholding 3 increments with cumulative effect. Awarding backwages would not be appropriate as it may be a premium to prove misconduct of negligence. Accordingly I record my finding in Point No.2

9. In the result, award is passed as under:-

(1) The action of the management of Manganese Ores (I) Ltd. in imposing the penalty of dismissal from service on workman Parvez Khan is proper and legal.

(2) Punishment of dismissal of workman is modified to withholding of 3 increments with cumulative effect.

(3) 2nd party is directed to reinstate workman without backwages.

R. B. PATLE, Presiding Officer —

4936 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 2nd August, 2017

S.O. 1852.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 18/2003) of the Central Government Industrial Tribunal/Labour Court-2, Mumbai now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Sesa Goa Ltd. and their workman, which was received by the Central Government on 28.07.2017.

[No. L-29012/48/2002-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : M.V. DESHPANDE, Presiding Officer

REFERENCE NO.CGIT-2/18 of 2003

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

M/s. SESA GOA LIMITED

The Chairman & Managing Director M/s. Sesa Goa Ltd. Sesa Ghor, 20, EDC Complex Patto, Panaji, Goa 403 001

AND

THEIR WORKMEN

Shri Premanand Shiva Ghaddi Ghadiwada, Virdi P.O. Sanquelim Goa.

APPEARANCES :

FOR THE EMPLOYERS         :  Mr. P.J. Kamat, Advocate
FOR THE UNION             :  Mr. Suhas Naik, Advocate

Mumbai, dated the 5th May, 2017

AWARD

The Government of India, Ministry of Labour & Employment by its Order No.L-29012/48/2002-IR (M), dated 08.04.2003 in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section 2 (A) of Section 10 of the Industrial Disputes Act, 1947 have referred the following industrial dispute to this Tribunal for adjudication:

"Whether the action of the Management of M/s. Sesa Goa Ltd., Goa in discharging Shri Premanad Shiva

Ghadi, Heavy "AAA" Driver from the services w.e.f. 18.04.2002 is legal & justified? If not, to what relief

the workman is entitled for ?"

2. After receipt of the Reference, notices were issued to both the parties. Second party Workman filed his Statement of Claim vide Ex-7. First party resisted the Statement of claim of Workman by filing their Written Statement (Ex-10). My Ld. Predecessor framed issues at Ex-26. By Part-I Award dated 08.05.2006 my Ld. Predecessor held that the enquiry conducted by first party management was not proper and findings of Inquiry Officer perverse. Both parties lead their evidence. Thereafter matter was fixed for filing written arguments by both parties.

3. Meanwhile both parties i.e. First party management and Second party workman filed joint application praying to dispose of the Reference as per consent terms (Ex-84). As both parties have settled the matter amicably, the reference deserves to be disposed of. In the circumstances, I pass the following order:

ORDER

In view of the consent terms (Ex-84), Reference is disposed of.

Date: 05.05.2017

M. V. DESHPANDE, Presiding Officer/JudgeII (ii) 4937

MEMORANDUM OF SETTLEMENT UNDER SECTION 2 (P) READ WITH SECTION 18 (1) OF THE

INDUSTRIAL DISPUTES ACT 1947 BETWEEN THE MANAGEMENT OF M/S. SESA GOA LTD. NOW

KNOWN AS VEDANTA LIMITED AND THEIR WORKMAN SHRI EKNATH M. GAONKAR

NAMES OF THE PARTIES TO THE SETTLEMENT

Representing:

Management Workman

M/s. Sesa Goa Ltd.

1.   S. Venkataraman                                         Shri Premanand Ghadi
     Head HR
2.   Mr. P.J. Kamat                                          Mr. Suhas Naik
     Adv for Company                                         Adv for Workman

Short recital of the case.

A reference in respect of termination of services of Mr. Premanand Ghadi is pending adjudication before the Hon'ble the Central Government Industrial Tribunal cum-Labour Court at Mumbai under Reference No.CGIT-2/18 of 2003. During the pendency of the Reference, the workman has attained his retirement age in the year 2010 and approached the management to explore the possibility of the settlement of the dispute on monetary terms. After protracted discussion on the issues, the parties have arrived at the settlement on the following terms.

TERMS OF SETTLEMENT

1. It is agreed between the parties that since the workman Mr. Premanand Ghadi has attained the age of retirement in the year 2010 the workman does not press for reinstatement in service and that the dispute of the workman is finally settled on monetary terms.

2. It is agreed between the parties that the workman Mr. Premanand Ghadi shall be paid an amount of Rs.5,00,000 (Five Lakhs only) being full and final settlement of all his claim arising out of his employment with Party-I and in full and final settlement of his dispute which includes salary, gratuity, bonus up to date balance leave salary, ex-gratia etc.

3. It is agreed and declared that the amount payable by the company to the workman in the manner herein above provided for is in full & final settlement and satisfaction of all the claims for compensation for loss of office or otherwise whatsoever.

4. It is agreed between the parties that this settlement shall be filed in reference No.CGIT-2/18 of 2003 praying for Consent Award in terms of this settlement.

5. It is agreed between the parties that the payment shall be made to the workman on the date of signing of the settlement on making an Award by the Central Govt. Industrial Tribunal, Mumbai in Reference no.CGIT-2/18 of 2003.

SIGNATORIES TO THE SETTLEMENT

Representing Employer

Representing Employees

Sd/- (S. Venkataraman) Head HR

Sd/- (Premanand Ghadi) Workman

Sd/- (P.J. Kamat) Advocate

Sd/- (Suhaas Naik) Advocate

WITNESSES

Sd/- (Francisco Fernandes)

Sd/- (Errica Chandy)

Date: 07.03.20174938 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] —

New Delhi, the 2nd August, 2017

S.O. 1853.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 57/2015) of the Central Government Industrial Tribunal/Labour Court-2, Mumbai now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. The New India Assurance Company Ltd. and their workman, which was received by the Central Government on 28.07.2017.

[No. L-17012/29/2015-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : M.V. DESHPANDE, Presiding Officer

REFERENCE NO.CGIT-2/57 of 2015

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

NEW INDIA ASSURANCE COMPANY LTD.

The Chief Manager Class III & IV Cell New India Assurance Company Ltd. New India Assurance Building 87, M.G. Road, Fort Mumbai 400 001.

AND

THEIR WORKMEN

Shri M. Karthikeyan Plot No.62-D, 1st floor Nagappa Nagar Chrompet Chennai 600 044.

APPEARANCES:

FOR THE EMPLOYER         :  No appearance.
FOR THE UNION            :  No appearance.

Mumbai, dated the 20th June, 2017.

AWARD

The Government of India, Ministry of Labour & Employment by its Order No.L-17012/29/2015-IR (M), dated 06.11.2015 in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section 2 (A) of Section 10 of the Industrial Disputes Act, 1947 have referred the following industrial dispute to this Tribunal for adjudication:

"Whether the action of the management of The New India Assurance Company Ltd., Regd. & Head Office

Mumbai in terminating the services of Shri M. Karthikeyan, Assistant vide order dated 01.10.2007 the date

from which the workman was placed under suspension is just and legal? If not what relief the workman

concerned is entitled to ?"

II (ii) 4939

2. After receipt of the Reference, notices were served on both the parties. Matter was adjourned on several occasions for filing Statement of Claim by second party/ Workman. Second party/Workman neither appeared before this Tribunal nor filed Statement of claim. Without Statement of claim, the Reference cannot be decided on merits and the same deserves to be dismissed. Hence, I pass the following order:

ORDER

Reference stands dismissed for want of prosecution.

Date: 20.06.2017

M. V. DESHPANDE, Presiding Officer —

New Delhi, the 2nd August, 2017

S.O. 1854.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 14/1995) of the Central Government Industrial Tribunal/Labour Court, Kota (Rajasthan) now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Associated Cement Company Limited and their workman, which was received by the Central Government on 26.07.2017.

[No. L-29012/7/1995-IR (M)]

RAJESH KUMAR, Under Secy.

अनुबंध

न्यायाधीश, औद्योगिक न्यायाधिकरण (केन्द्रीय) कोटा, (राज.)

पीठासीन अधिकारी- श्री केशव कौशिक, आर.एच.जे.एस.

निर्देश प्रकरण क्रमांक : औ. न्या. (केन्द्रीय)-14/1995

दिनांक स्थापित : 19/6/1995

प्रसंग ः भारत सरकार, श्रम मंत्रालय, नई दिल्ली के आदेश क्रं. एल-29012/7/95-आईआर (विविध) दि. 9/6/1995 निर्देश/विवाद अन्तर्गत धारा 10(1)(घ) एवं उपधारा 2(क) औद्योगिक विवाद अधिनियम,1947

मध्य

हजारी लाल पुत्र नेनगलाल द्वारा संयुक्त महामंत्री, हिन्द मजदूर सभा, बंगाली कोलोनी, छावनी, कोटा

--प्रार्थी श्रमिक एवं

मैसर्स एसोसियेटेड सीमेन्ट कंपनी लिमिटेड, लाखेरी सीमेन्ट वक्र्स, लाखेरी

--अप्रार्थी नियोजक उपस्थित

प्रार्थी श्रमिक की ओर से प्रतिनिधि ः कोई उपस्थित नहींं।

अप्रार्थी नियोजक की ओर से प्रतिनिधि ः श्री कमलेश कुमार एवं श्री अनुराग अग्रवाल

अधिनिर्णय दिनांक : 1/6/2017

4940 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

ःःअधिनिर्णयःः

भारत सरकार, श्रम मंत्रालय, नई दिल्ली के प्रासांगिक आदेश दिनांक 9/6/1995 के जरिये निम्न निर्देश विवाद, औद्योगिक विवाद अधिनियम, 1947 (जिसे तदुपरान्त ''अधिनियम'' से सम्बोधित किया जावेगा) की धारा 10(1)घ) एवं उपधारा 2(क)केे अन्तर्गत इस न्यायाधिकरण को अधिनिर्णयार्थ सम्प्रेशित किया गया हैः-

''क्या प्रबन्धन एसोसियेटेड सीमेन्ट कम्पनी लि., लाखेरी सीमेन्ट वक्र्स, लाखेरी द्वारा उनके कर्मकार श्री हजारीलाल पुत्र नेनगलाल, मशीन अटेण्डेन्ट की सेवाएं दिनांक 8/4/94 से पृथक करने की कार्यवाही उचित एवं न्यायसंगत है? यदि नहींं तो संबंधित कर्मकार किस अनुतोष का अधिकारी है?''

2. निर्देश/विवाद, न्यायाधिकरण में प्राप्त होने पर पंजीबद्ध उपरान्त पक्षकारों को सूचना/नोटिस जारी कर विधिवत अवगत करवाया गया।

3. प्रार्थी श्रमिक की ओर से क्लेम स्टेटमेन्ट न्यायाधिकरण के समक्ष प्रस्तुत कर संक्षिप्तः यह व्यक्त किया गया है कि प्रार्थी श्रमिक को अप्रार्थी संस्थान ऐसोसियेटेड सीमेन्ट कंपनी लि. लाखेरी सीमेन्ट वक्र्स जिला बूॅदी के प्रबन्धकवर्ग ने पत्र दि.3/3/1987 के द्वारा दि. 9/3/1987 से सेवा में नियोजित किया था तथा उसे पेकिंग प्लान्ट में दि.9/9/1987 को मजदूर के पद पर स्थायी कर दिया गया, तत्पश्चात पत्र दि.19/4/1990 के द्वारा ई-ग्रेड से डी-ग्रेड में मशीनरी अटेण्डेन्ट के पद पर पदोन्नत कर दिया गया वह यह पदोन्नति 1/1/1990 से मानी गयी। प्रार्थी के वर्ष 1991 में सीमेन्ट कर्मचारी यूनियन(एचएमएस) का सदस्य बन जाने से प्रबन्धकवर्ग ने नाराज होकर प्रार्थी श्रमिक को पत्रांक 3638 दि.16/6/1992, पत्र दि.16/10/1992, पत्रांक 8048 दि.13/10/92, पत्रांक 8322 दि. 20/10/1992 व पत्रांक 8590 दिनांक 27/10/92 के द्वारा झूॅठे आरोप-पत्र दिये। तत्पश्चात पत्रांक 8684 दि.29/10/1992 व उसके बाद पत्रांक 13152 दि.15/2/1993 देकर दि.31/10/92 को एच.के.शर्मा मैनेजर माईनिंग पर मारपीट का झूॅठा आरोप लगाया व आरोपों बाबत जॉच अधिकारी नियुक्त किया गया, किन्तु जॉच अधिकारी ने प्रार्थी को बचाव का कोई अवसर प्रदान नहींं करते हुए व जॉच में न्याय के नैसर्गिक सिद्धांतों की अवहेलना करते हुए अप्रार्थी का पक्ष लेकर जॉच सम्पन्न की। तत्पश्चात अप्रार्थी ने प्रार्थी को दोषी मानते हुए पत्रांक 175 दि.8/4/1994 के द्वारा सेवा से पृथक किये जाने का दण्ड दुर्भावनावश बदले की भावना से प्रेरित होकर दिया जो उचित नहींं है। अन्त में पिछले सम्पूर्ण वेतन, लाभों सहित सेवामें बहाल किये जाने का अनुतोष प्रदान किये जाने की प्रार्थना की गयी है।

4. अप्रार्थी नियोजक की ओर से उक्त क्लेम का जवाब प्रस्तुत करते हुए प्रतिवाद स्वरूप यह कथन किया गया है कि प्रार्थी श्रमिक आदतन अपनी ड्‌यूटी के प्रति लापरवाह, अनुपस्थित रहने, अपने उच्चाधिकारियों के साथ अक्सर झगड़ा व अभद्र व्यवहार करने का आदी रहा है जिस सम्बन्ध में उसे समय-समय पर आरोपित कर जॉच में बचाव का अवसर प्रदान करते हुए जॉच सम्पन्न की गयी है तथा जॉच में आरोप सिद्ध पाये जाने पर जो सेवामुक्ति का दण्ड दिया गया है वो पूर्णतया उचित है। अन्त में प्रार्थी श्रमिक का क्लेम निराधार तथ्यों का होने से सव्यय निरस्त किये जाने की प्रार्थना की गयी है।

5. आदेशिका दिनांक 21/2/2014 के अनुसार विस्तृत आदेश देते हुए यह प्रकरण दिनांक 11/8/2014 से लेकर आज तक ''घरेलु जॉच की उचितता व ऋजुता के बिन्दु'' की बहस हेतु नियत होता रहा है, किन्तु मामले में प्रार्थी पक्ष की ओर से दिनांक 8/6/2015 से लेकर निरन्तर आज तक लगभग दो वर्ष के लम्बे अन्तराल में किसी भी तारीख पेशी पर ना तो स्वयं प्रार्थी श्रमिक न्यायाधिकरण के समक्ष उपस्थित हुआ है एवं ना ही उसकी ओर से कोई अधिकृत प्रतिनिधि उपस्थित हुए हैं जिससे ऐसा प्रकट होता है कि प्रार्थी श्रमिक अथवा उसके प्रतिनिधि को मामले में कोई रूचि नहींं रही है। यहॉ यह उल्लेखित किया जाना भी समीचीन होगा कि प्रार्थी श्रमिक से सम्बन्धित निर्देश/रेफ्रेन्स, राजस्थान सरकार, श्रम विभाग से इस न्यायाधिकरण में दिनांक 19/6/1995 को अधिनिर्णयार्थ प्राप्त होने उपरान्त अब तक लगभग 22 वर्ष की दीर्घकालीन अवधि तक विभिन्न न्यायिक प्रक्रियाओं से गुजर चुका है, अतः ऐसे में अब न्यायाधिकरण अनिश्चितकाल तक इसी प्रयोजनार्थ मामले को और लम्बित रखने का कोई औचित्य नहींं समझता है और न्यायाधिकरण के समक्ष अब प्रार्थी पक्ष की उक्त प्रयोजनार्थ बहस के अधिकार को बन्द करने के अलावा कोई विकल्प शेष नहींं रहने से उसके उक्त प्रयोजनार्थ बहस के अधिकार को बन्द करता है।

6. माननीय उच्चतम न्यायालय एवं माननीय राजस्थान उच्च न्यायालय द्वारा समय-समय पर यह दिशानिर्देश प्रदान किये जाते रहे हैं कि 10 वर्ष से अधिक लम्बे प्रकरणों का निस्तारण त्वरित गति से किये जाने के प्रयास किये जाने चाहिएं। अतः उक्त तथ्यों व परिस्थितियों को दृष्टिगत रखते हुए अप्रार्थी पक्ष के उपस्थित प्रतिनिधिगण को सुना गया, पत्रावली का अवलोकन किया गया। अप्रार्थी पक्ष की ओर से प्रार्थी श्रमिक के विरूद्ध की गयी घरेलु जॉच से सम्बन्धित समस्त प्रलेख प्रस्तुत किये गये हैं जिनके अवलोकन से यह स्पष्ट प्रकट होता है कि प्रार्थी श्रमिक के विरूद्ध अधिरोपित आरोपों की बाबत की गयी घरेलु जॉच पूर्णरूपेण प्रार्थी को अपना बचाव पक्ष प्रस्तुत करते हुए न्याय के नैसर्गिक सिद्धांतों की पालना करते हुए ही सम्पन्न की गयी है तथा घरेलु जॉच को ऋजु एवं उचित माना जाता है।

7. अब जहॉ तक प्रार्थी श्रमिक को अधिरोपित आरोपों की बाबत अप्रार्थी नियोजक कंपनी द्वारा जो सेवा से पृथक का दण्ड दिया गया है, उसके सम्बन्ध में अभिलेख पर उपलब्ध सम्पूर्ण अभिलेख व जॉच पत्रावली के अवलोकनोपरान्त यही प्रकट होता है कि प्रार्थी के गम्भीर दुराचरण में लिप्त रहने के आधार पर ही प्रार्थी श्रमिक को सेवा पृथक का दण्ड दिये जाने का निर्णय लिया गया है जो इस न्यायाधिकरण की राय में किसी भी रूप में अत्यधिक नहींं कहा जा सकता तथा वह दण्ड उचित एवं न्यायसंगत ही पाया जाता है। अतः यह न्यायाधिकरण प्रार्थी श्रमिक को अप्रार्थी नियोजक द्वारा आदेश/पत्र क्रमांक 175 दिनांक 8/4/1994 के द्वारा सेवा से पृथक किये जाने का दण्ड दिया जाना उचित एवं न्यायसंगत पाता है एवं सम्प्रेषित निर्देश/विवाद भी इसी अनुरूप उत्तरित होने योग्य है।

II (ii) 4941

परिणामस्वरूप भारत सरकार, श्रम मंत्रालय, नई दिल्ली द्वारा प्रासांगिक आदेश दिनांक 9/6/1995 के जरिये सम्प्रेषित निर्देश/रेफ्रेन्स विवाद को इसी अनुरूप उत्तरित किया जाता है कि प्रार्थी श्रमिक हजारीलाल को अप्रार्थी नियोजक द्वारा आदेश/पत्र क्रमांक 175 दिनांक 8/4/1994 के द्वारा सेवा से पृथक किये जाने दण्ड दिया जाना उचित एवं न्यायसंगत है, फलतः प्रार्थी श्रमिक किसी प्रकार का कोई अनुतोष प्राप्त करने का अधिकारी नहींं है।

केशव कौशिक, न्यायाधीश —

I New Delhi, the 3rd August, 2017

S.O. 1855.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 89/2011) of the Central Government Industrial Tribunal-cum- Labour Court No. I, Delhi as shown in Annexure, in the industrial dispute between the employers in relation to the General Manager, Bharat Sanchar Nigam Limited, Noida, Uttar Pradesh and their workman, which were received by the Central Government on 25.05.2017.

[No. L-40012/53/2007-IR (DU)]

RAJENDRA JOSHI, Dy. Director

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. 89/2011

Shri Dinesh Kumar Singh, S/o Shri Prem Singh R/o Village Mampur, Post: Lamhua (Budhapur) Sultanpur

…Workman

Versus

The General Manager, Bharat Sanchar Nigam Ltd. S-19, Telephone Exchange, NOIDA (Uttar Pradesh)

…Management

AWARD

In the present case, matter was referred to Central Government Industrial Tribunal cum Labour Court No.II, New Delhi vide letter No.L-40012/53/2007-IR(DU) dated 27.11.2007 under clause (d) of sub-section (1) and sub- section (2A) of Section 10 of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as under:

'Whether the action of the management of the General Manager(Telecom) BSNL, NOIDA in terminating the services of their workman Shri Dinesh Kumar Singh with effect from 11.04.1995 is legal and justified? If not, to what relief the workman is entitled to?'

2. Both parties were put to notice and the claimant, Shri Dinesh Kumar Singh, filed statement of claim, wherein it is averred that he was employed as casual labour by the management after completion of formalities, as casual labour on 12.04.1994. Claimant has been working to the entire satisfaction of the management and was having an unblemished record of service to his credit. Claimant has completed 240 days as casual labour from 12.04.1994 to 10.04.1995 and was pursuing his case for temporary status and regularization of service in accordance with relevant rules and instructions. Claimant has worked for more than 240 days in a calendar year preceding his termination as is clear from4942 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] the chart given in para 2 of the statement of claim. Management has taken work from the claimant even on holidays and Sundays. This fact can be ascertained from the attendance register kept by the management.

3. It is the case of the claimant that he was discharged from service on 11.04.1995 without any rhyme or reason and without complying with the provisions of Section 25-F of the Act. Thereafter, the claimant submitted a demand letter upon the management when his verbal demand was not accepted on 08.02.1997 and prayed for reinstatement in service as well as other benefits, but of no use. The claimant was entitled to get temporary status and regularization in service as per rules. Even persons junior to the claimant have been given benefit of regularization but the claimant was deprived of the same and in his place, one Shri Pradeep Kumar was engaged as casual labour in the month of April 2002. Attendance of the claimant was being regularly recorded in the register meant for the same. Even termination of service of the claimant is totally illegal and unjustified and he has made a prayer for reinstatement in service with continuity of service and full back wages.

4. Management has demurred the claim of the claimant herein wherein certain preliminary objections have been taken. Reference is also made to OA No.2016 of 1995 before Central Administrative Tribunal, wherein almost similar averments were made and Hon'ble Principal Bench of CAT dismissed his application as not being maintainable. He again filed an OA No.2715 of 1997 before CAT representing that he has worked with the management from 12.04.1994 to 31.12.1994 and thereafter from 03.03.1995 to 10.04.1995 and completed 240 days. It was also claimed that he submitted a representation dated 08.02.1997 before Sub Divisional Officer, Phone II, RLU Exchange, Sector 39, NOIDA. Hon'ble Principal Bench of CAT, New Delhi on 15.09.1998 disposed his application in view of assurance from the management that his representation would be considered on merits and result thereof would be communicated to the claimant within a period of three months. In compliance to the orders of the Hon'ble CAT, letter dated 17.11.1998 was sent to the claimant at the address given in the order by registered post for submitted detailed particulars regarding his working period mentioned in his representation dated 08.02.1997; however, the same was received back undelivered with some illegible remarks of the post man.

5. Again the claimant filed an OA bearing No.1710 of 2002 before CAT, Principal Bench, New Delhi representing the above. Hon'ble Principal Bench, CAT vide order dated 12.07.2002 disposed of his application with direction to consider the case for re-engagement in accordance with rules and instructions on the subject within three months.

6. On merits, management denied most of the averments contained in the statement of claim. It is denied that the claimant was employed by the management in the service of erstwhile DOT/DTS, now converted to BSNL, which came into existence on 01.10.2000. Claimant has not worked for 240 days in a calendar year. In fact, no industrial dispute ever existed between the parties as the management never terminated services of the claimant. In the remaining paras, management has denied the averments contained in the statement of defence and prayed for dismissal of the claim.

7. It is just clarified that no issues were specifically framed by my learned predecessor from the pleadings of the parties and this Tribunal is required to answer the reference made by the appropriate Government.

8. Vide order No.Z-22019/6/2007-IR (C II) dated 30.03.2010, the case was transferred to this Tribunal for adjudication.

9. Claimant, in order to prove his case against the management, examined himself as WW1 and tendered in evidence his affidavit Ex.WW1/A alongwith documents Ex.WW1/1 to Ex.WW1/3. Management has not examined any witness in support of the stand taken in their pleadings. Moreover, management was proceeded ex-parte by this Tribunal vide order dated 21.07.2016 as none had appeared on behalf of the management. Claimant has also filed written submissions in support of his case.

10. It is clear from the pleadings on record that initially the claimant filed OA No.2016 of 1995 before the Principal Bench of Hon'ble CAT against the management and the same was decided vide order dated 20.08.1996. It was held that since alternative remedy is open to the claimant, as such, petition filed before Hon'ble CAT was held to be premature and not maintainable. Accordingly, application before Hon'ble CAT was dismissed. There is also another copy of order dated 15.09.1998 of Hon'ble CAT on record and it is clear from this order that the claimant has approached the Hon'ble CAT with similar averments as made in the present case that he has completed 240 days before his termination. Claimant has further prayed that he was entitled for temporary status in December 1994 and has made representation to the management in this regard. Hon'ble CAT has given directions to the management to consider the case of the claimant within a period of three months.

11. It is further clear from affidavit of Shri Sukhvir Singh, Assistant General Manager, thougha not exhibited, as he has not entered into the witness box, that pursuant to the second order passed by Hon'ble CAT, claimant was given work from 03.03.1995 to 08.04.1995. He has further stated that in compliance of the order of CAT, letter was sent to the claimant on 17.11.1998 at his address by registered post for deciding his case on merits. However, the said letterII (ii) 4943 was received back undelivered. There were certain illegible comments of the postal department on the envelope. Hence, it was not possible to decide the representation on merits. It was thereafter that the claimant had filed OA 1710 of 2002 before Principal Bench of Hon'ble CAT, wherein directions was given to management to consider the case of the claimant for re-engagement in accordance with rules and instructions within three months. Attested copy of the order dated 12.07.2000 is also held on record (MW-7). It is further clear that Hon'ble Principal Bench of CAT on 25.10.2002 allowed four weeks time to decide the representation of the claimant. Thereafter, the claimant has made a representation on 12.11.2002 alongwith photocopy of duty chart. However, documents filed by the claimant could not be verified by the management with those available on record in the office. The claimant could not furnish any positive proof of his having worked for 240 days. Thereafter, claimant had filed OA No.1074 of 2003 again before the Principal Bench of Hon'ble CAT and it was dismissed by the Hon'ble Tribunal vide order dated 1st May 2003 (MW- 11). Finally, the claimant filed a civil writ petition No.6180 of 2003 before the Hon'ble High Court of Delhi, which was also dismissed by observing that the petitioner is at liberty to seek appropriate remedy before he appropriate forum. It was thereafter, that the present reference was made by the appropriate Government.

12. It is clear from the matrix of the case that time and again the claimant has been approaching Hon'ble CAT for redresssal of his grievance and it has throughaout been his stand that he has worked for more than 240 days in a calendar prior to his termination. Claimant has also alleged that he has rather worked for 302 days after his engagement in April 1994, details of which are as under:

Month No. of Days
April 1994 19
May 1994 31
June 1994 30
July 1994 31
August 1994 31
September 1994 30
October 1994 31
November 1994 30
December 1994 30
January 1995 00
February 1995 00
March 1995 29
April 1995 10
TOTAL 302

13. There is also mention that his last drawn wages was Rs.55.00 per day. Claimant has also filed the scheme relating to casual labour, dealing with grant of temporary status to them. There is hardly any dispute regarding the said scheme. Stand of the management is also clear that on the basis of directions given by Hon'ble CAT, he was offered employment. Now, the only question which arises for determination is whether provisions of Section 25-F of the Act are applicable and service of the claimant has been terminated in violation of provisions of the Act. Learned A/R for the claimant has highly relied on HD Singh Vs. Reserve Banki of India (1985) 2 All India Services Law Journal 457 wherein Hon'ble Apex Court also under similar circumstances observed that striking of the name of the workman from the rolls of bank would amount to termination and such a dispute is securely covered by provisions of Section 2A of the Act. It also amounts to termination being in violation of mandatory provisions contained in Section 25-F of the Act. Law is fairly settled that in case a workman has completed 240 days prior to his termination, then management is required to serve one month's notice or pay in lieu thereof. In the case on hand, as is clear from the evidence on record, management has not served any kind of notice upon the claimant before his termination. Claimant has given details of his attendance after his engagement, in the statement of claim as well as written arguments. In such a situation, it was incumbent upon the management to have entered into the witness box and adduced sufficient evidence so as to rebut the claim of the claimant regarding his having worked for 240 days in a calendar year. No doubt in Batala Co-4944 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] operative Sugar Mills Ltd. vs. Sowaran Singh (2005) 8 SCC Hon'ble Apex Court has held that initial onus to prove that the workman has worked for 240 days in a calendar year preceding his termination is always upon the workman who is required to lead sufficient evidence to prove the same. However, in the case of Director, Fisheries Terminal Division Vs. Bhikubhai Meghajbhai Chavda, AIR 2010 SCC 1236), wherein Batala Co-operative Sugar mills case (supra) was also discussed. Learned A/R for the claimant also relied upon the case in AIIMS Vs. Uddal [2014 (142) DRJ 569] and Municipal Corporation of Delhi Vs. Ram Milan (Manu/DE/399/2015), once the claimant has adduced evidence that he has worked for 240 days, the onus shifts upon the management to prove that the claimant has not completed 240 days in any calendar year. In the instant case since management was proceeded ex-parte and has not placed on record any document regarding the number of days worked by the claimant. In such a situation, this Tribunal is bound to draw adverse inference against the management. Management, in its reply, has admitted that the details of working days submitted by the claimant do not tally with official record of the management. But what is the official record has not been shown or filed by the management so as to prove that 240 days of work was not completed before his so-called termination.

14. In view of the evidence adduced by the claimant, it is held that the claimant was in the employment of the management and has worked for 240 days in a calendar year. Since in the present case, there is no compliance of provisions of section 25-F of the Act by the management, which requires the management to serve one months' notice before ordering his termination or one month's pay in lieu thereof. As such, action of the management is held to be illegal and not justified under the law.

15. Now the residual question is as to what relief the workman is entitled to. Affidavit of the claimant clearly speaks of the fact that the claimant is unemployed from the date of his termination and his termination has been held to be illegal and not justified, this Tribunal is of the considered opinion that the claimant is entitled to regularization with full back wages. 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 : May 19, 2017

A. C. DOGRA, Presiding Officer —

New Delhi, the 3rd August, 2017

S.O. 1856.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 12/2012) of the Central Government Industrial Tribunal/Labour Court, Guwahati now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Numaligarh Refinery Ltd. and their workman, which was received by the Central Government on 26.07.2017.

[No. L-30011/45/2011-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, GUWAHATI, ASSAM

Present : Shri Mrinmoy Kumar Bhattacharjee, M.A., LL.B.

Presiding Officer, CGIT-cum-Labour Court, Guwahati.

Ref. Case No.12 of 2012.

II (ii) 4945

In the matter of an Industrial Dispute between :-

The Managing Director, M/s Numaligarh Refinery Ltd., Guwahati & The General Manager, N.R.L., Numaligarh, Golaghat

…O.P/Management

-Vrs-

Workmen represented by the General Secretary, Petroleum Refiners Union, Numaligarh Refinery, Golaghat

…Claimant/workmen

APPEARANCES :

For the Workmen      :    Mr. N. Sarma, General Secretary,
                          Petroleum Refinery Union, Numaligarh.
For the Management   :    Mr. K.Sharma, Manager, HR,
                          Ms. M. Kar, AM (L), NRL.

Date of Award : 19.07.2017

AWARD

1. This Industrial Dispute between management of NRL, Assam and the workmen represented by Petroleum Refiners Union, NRL arose out of the following three claims of the Union.

Firstly, that the Special Allowance paid to certain category of the workmen were not taken into account for calculating the Over Time Allowance of such employee; Secondly, the management arbitrarily stopped paying Protective Clothing Allowance (Uniform Allowance) to the workmen from the year 2007 onwards; and thirdly, according to the Union the workmen are entitled to Special Computer Allowance (ERP Allowance) as being paid to the workmen of nearby Refineries. Since the aforesaid disputes, raised by Petroleum Refiners Union, Numaligarh, could not be settled througha conciliation, the matter was informed to the appropriate Government and such Government referred the matter to this Tribunal with the following reference.

SCHEDULE

"Whether the demand of the Petroleum Refiners Union Numaligarh, Numaligarh, Golaghat for

Spl. Allowance while calculating Over Time, payment of ERP Allowance (Spl. Computer Allowance) and

Uniform Allowance ( for the year 2007-08, 2008-09), is legal and justified? What relief the workmen are

entitled to?"

2. On receipt of notice, the Union as well as the management appeared and submitted their respective written statements. Supplementary written statements were also submitted by the parties.

3. The Union stated that the management's decision to omit Special Allowance for the purpose of computing Over Time wages for a particular category of employee was arbitrary and illegal. It was also mentioned that the settlement between the recognized Union and the management dated 11.10.2010 does not stipulate that Special Allowance would not be considered for computing the Over Time wages. It was further mentioned that the aforesaid act of the management is in contravention of the relevant provision of the Factories Act, 1948.

4. In respect of ERP Allowance (Special Computer Allowance) it is claimed that such allowance is being paid to the workmen of the nearby Refineries situated in Assam. According to the Union it is an established principle that while fixing the wages of workmen in a particular establishment, the prevailing wages paid to the workmen in similar industries of the Region are followed. But the management has not done that in spite of repeated reminders and demands of the Union.

5. It is further stated that earlier the workmen employed in NRL were paid Uniform Allowance (Protective Clothing Allowance) and the quantum of such Allowance was enhanced in the year 2006. But the management stopped to pay the aforesaid Allowance to the workmen on the ground that with the introduction of the New Pension Scheme of the workmen the enhanced amount of Protective Allowance was diverted to the Pension Fund. The Union reiterated that such decision of the management was arbitrary.

6. The Union repeatedly raised the aforesaid three demands along with other demands for settlement but the management did not pay any heed and ultimately the Union was compelled to approach the Regional Labour Commissioner (Central) vide letter dated 28.10.2010 with a request to intervene and sort out the issues. At the request of the Union, a conciliation proceeding was initiated and discussion between the present Union and the management took place on 13.1.2011, 16.02.2011, 23.02.2011, 18.03.2011 and 20.05.2011. The last conciliation meeting took place4946 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] on 07.07.2011 in which the management did not agree to sit with the Union on the ground that the Union is not a recognized Union and the management had already arrived at a settlement after settling the issues and all other issues with the recognized Union which is a majority union. After the failure of the conciliation, a failure report was sent to the appropriate Government and the appropriate Government referred the same before this Tribunal for adjudication with the terms of reference indicated above.

7. The management also submitted their written statement and raised the issue of maintainability of the order of reference primarily on the ground that all the three issues raised by the Union were settled by the conciliatory settlement dated 11.10.2010 which is still in force and was binding till 31.12.2016. It was stated by the management that while the conciliatory settlement was still in force, no dispute on the terms of the said reference can be referred by the Government at the instance of the minority and unrecognized Union. It was also stated that the workmen who are members of the unrecognized Union have already accepted the benefits of the Tripartite Settlement dated 11.10.2010 and as such they are estopped from raising any dispute on the terms of the settlement dated 11.10.2010. It was also stated by the management that after 19 rounds of negotiation a comprehensive settlement was arrived at between the management and their workmen represented by the recognized Union on 11.10.2010 througha conciliation in presence of the Regional Labour Commissioner (Central) and the aforesaid settlement was a full and final settlement between the management and the workmen represented by the recognized Union and the said settlement would remain effective till 31.12.2016. It was also stated that since the settlement was a conciliatory settlement the same is binding on all existing workmen as well as future workmen as per provision of Industrial Dispute Act.

8. The management further elaborated that as per the said conciliatory settlement dated 11.10.2010 it was agreed in clause 10.00 that Special Allowance will be applicable only for those workmen who work 48 hours in a six working day week and as per Clause 22.0 of the settlement it was agreed between the parties that House Rent Allowance will not form part of Over Time formula with effect from 26.11.2008 and Over Time formula shall be notified separately by an Administrative order. Pursuant to the aforesaid Clauses of the Settlement, the management vide an Administrative Circular dated 06.01.2011 notified the formula for Over Time computation and it was made clear that House Rent Allowance and Special Allowance will not form part of computation of Over Time wages with effect from 26.11.2008. The management also mentioned in their statement that ERP Allowance was not a part of the wage revision settlement dated 11.10.2010 and such allowance was never paid to the workmen in NRL. In this context it was also mentioned that the management started the operation of the factory with inbuilt infrastructure for computerized environment and its recruitment had also been done accordingly and therefore ERP allowance is not included in the set of allowances available to the workmen.

9. Coming to the dispute of payment of Uniform Allowance the management stated that in line with other Oil Companies, NRL had started the Contributory Pension Scheme througha Trust for the benefit of it's employees w.e.f 01.01.2004 covering the employees as on 01.01.2004. According to the Scheme the employees are to contribute a portion from their salary and the management also would add to the aforesaid fund and some fund would be added to the pension fund from the amount which will be realized on surrender of some of the Allowances by the workmen. It was stated that accordingly the Uniform Allowance which was due to the workmen was diverted to the Pension fund of the workmen. It was also mentioned that to make the corpus of the Pension fund a substantial one, the Uniform Allowance was enhanced and the amount due thereof was contributed to the Pension Fund. It was also stated that the reason for frequent increase of Uniform Allowance by the Company was to provide sufficient funds in the accounts of the individual members so as to provide financial securities to its employees in their post retirement life. But since a good number of employees did not join the Pension Scheme, to avoid discrimination between the members and the non-members of the Pension Fund, NRL released Uniform Allowance at par to both members and non-members of the Fund. The Uniform Allowance of the members are deposited in LIC to their new Pension Account and the Uniform Allowance of the non-members were released to their bank accounts througha salary. It was also mentioned that as per memorandum of settlement dated 11.10.2010 additional contribution from the Company in the Pension Scheme in terms of Protective Clothing Allowance would be discontinued and allowance against actual Protective Clothing will be finalized after introduction of New Pension Scheme. It was also mentioned that as Protective Clothing are supplied by the Company, there was no question of payment of separate Protective Clothing allowance to the employees.

10. After submission of the Written Statement by the management the Union submitted another rejoinder and stated that the settlement about which the management was referring to in its written statement was, in fact, not a settlement arrived at during the course of conciliation and no conciliation Officer was appointed during the formulation of the aforesaid agreement and as such, within the meaning of Industrial Dispute Act this settlement cannot be called a real settlement and can remain binding only to the parties of the agreement and since the present Union and its members were not party to the agreement, it would not be binding on them. It was specifically mentioned that the Union demanded incorporation of Special Allowance in computation of overtime wages for those workmen who work six days in a week and such demand was not in respect of those workmen who work 5 days in a week. It was also mentioned that the free supply of boiler suit cannot be a ground for discontinuation of Protective Clothing Allowances.

II (ii) 4947

11. After the submission of the rejoinder by the Union the management submitted an additional written statement wherein it was stated that as per the guideline formulated by the Government for the Central Public Sector Undertakings the wage revision and service conditions are always to be settled with the majority Union and it was an admitted fact that the Union with which the management came to an agreement/settlement was the majority Union. It was also stated that the settlement dated 11.10.2010, which the Union is not ready to accept as a conciliatory Settlement, was arrived at direct intervention and active participation and concurrence of the Conciliation Officer and as such the same is binding on all the employees of the Refinery.

12. The workmen side as well as the management side examined three witnesses each who were duly cross- examined by the respective rival parties.

13. I have also heard argument from both the sides. No lawyer was engaged in this case and the parties themselves argued their respective cases.

14. The dispute which was referred to this Tribunal by the appropriate Government was in respect of calculation of Overtime wages, payment of ERP Allowance and Uniform Allowance.

15. Three witnesses examined on behalf of the workmen side were members of the Petroleum Refiners Union, NRL and it is worth mentioning that none of the office bearers namely President or General Secretary of the Petroleum Refiners Union, NRL gave evidence in this case.

16. W.W.1 in his examination-in-chief, along with other facts, stated that the ERP Allowance (Computer Allowance) has never been paid to the workmen in NRL thougha the workmen of the similar Industry situated in the neighborhood have been getting such allowance. Exhibit-A(2) and A(3) are the copies of documents which were exhibited by the witness to show that Oil Refineries situated in Guwahati and Bongaigaon pay ERP Allowance to their workmen. He also stated that in the advertisement for recruitment of workmen it was mentioned that the allowance etc. of the employees will be in line with the allowance paid to the workmen of the similar industry in this region. During cross-examination the witness admitted that the President and Secretary of the Union namely Petroleum Refiners Union, NRL which raised the dispute, did not depose in this case. He also admitted that no document has been submitted to show that during negotiation of the wages, the ERP allowance was part of the discussion. He also admitted that the Union of which he is a member, which is admittedly a minority union in the industry, did not attend the proceeding of the settlement and the workers in that proceeding were represented by the majority Union. The conciliatory settlement dated 11.10.2010 was exhibited as Exhibit-4. He also admitted that the majority Union was silent in respect of the demand for ERP allowance. During cross-examination he also admitted that the demand for ERP allowance raised by his Union was solely based on the fact that the employees of the Refineries situated in the North Eastern Region are getting the said allowance.

17. W.W.2, Sri Gautam Das a member of the Petroleum Refiners Union, NRL stated about the non inclusion of Special Allowance in calculating the Overtime wage of the workmen. He also stated that the management unilaterally and arbitrarily removed the component of Special Allowance in calculation of over-time wages. He also mentioned that in the memorandum of Settlement there is no mention about removal of Special Allowance from the calculation of overtime wages and the management issued Notification regarding the same in the month of January, 2011. He further stated that because of the removal of the Special Allowance component from the overtime wage, the employees having six working days in a week incurred substantial monetary loss. During cross-examination he admitted that the Union which was a signatory in the Memorandum of Settlement is the majority Union in the Industry and the management discuss the Policy matter as well as the other matters with the majority Union. During cross-examination he also admitted that in Clause-22 of the Memorandum of Settlement (Exhibit-4) there is no mention of Special Allowance and instead it is mentioned that the Overtime formula shall be notified by an Administrative order. He also admitted that Exhibit-6 was the administrative order notifying the Overtime formula and it was not within his knowledge whether the management and the Union discussed the matter before issuance of the Administrative Order in regard to overtime formula (Exhibit-6). He also added that in the advertisement for recruitment of employees it was mentioned by the management that pay scale, perks and benefits etc. would be similar to that of workmen engaged in similar Industries within the Region but there is no mention of the word "same". He also admitted that both Gauhati Refinery and Bongaigaon Refinery are under IOCL and NRL is a Miniratna Company and Bharat Petroleum is holding the majority share of NRL. To a question asked by the management during cross-examination, he stated that he was not admitting the signature of the Assistant Labour Commissioner (C), Dibrugarh because official seal was not put there but at the same time the witness did not dispute the Memorandum of Settlement dated 11.10.2010 (Exhibit-4). He also stated that the claim raised in their claim statement in regard to inclusion of Special Allowance component in calculation of overtime is only for those employees who are working 6 days in a week.

18. W.W.3 Sri Monoj Kumar Dutta, a member of the Petroleum Refiners' Union, NRL stated that management stopped paying Protective Clothing Allowance to the workmen from the financial year 2008-09 without any reason. He however stated in his examination-in-chief that a clause was included in the MOS (Exhibit-4) which stated that " With4948 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] introduction of new pension scheme, additional contribution from the company in the pension scheme in terms of Protective Clothing Allowance would be discontinued, hence allowance against actual protective clothing will be finalized after introduction of new DC Pension Scheme". He further stated that the new DC Pension Scheme has been introduced and the annual account statements of the individual beneficiary employees have been issued to them. He also stated that in this regard an e-mail was sent to all NRL employees by the then DGM (Finance) on 9.2.2012 which read as under:- "Contribution to the New Pension Scheme has started and arrear contribution w.e.f. 01.01.2007 has been paid. Monthly contribution to the Fund has also started" . He further stated that the aforesaid e- mail specifically show that the New Pension Scheme had been introduced and as per Clause 13.10 of the MOS (Exhibit-4) it was the duty of the management to finalize the amount pertaining to actual Protective Clothing Allowance thereafter. But the management did not do so. During cross-examination, W.W No.3 stated that President and Secretary of their Union namely Petroleum Refiners' Union of Numaligar Refinery Ltd. are Mr. Sanjib Choudhury and Mr. Debraj Talukdar respectively. He also admitted that in para 13.10 of Exhibit-4 it has been specifically mentioned that with the introduction of New Pension Scheme additional contribution from the Company in the Pension Scheme in terms of Protective Clothing Allowance would be discontinued and actual Protective Clothing Allowance will be finalized after introduction of New Pension Scheme. He however denied the suggestion of the management that since the management supply the personal protective clothing/equipments, the employees are not entitled to get any allowance in this respect.

19. Management witness No.1 Mr. Kajal Saikia, Chief Manager (Employee Relation), NRL since 1996 deposed that Pay and Allowance of the workmen category of employees are finalized througha settlement and the last settlement was signed with the majority Union on 11.10.2010 (Exhibit-4). He also stated that the settlement became operational with effect from 01.01.2007. He further stated that the process of settlement started on the basis of charter of demand submitted by the majority Union on 02.06.2007 vide Exhibit-A. He further stated that althougha the general validity period of such settlement is 10 years, in case of Exhibit-4 the validity period was conditional, that is, subject to revision of the Pay of the Officers of the NRL or 31.12.2016 whichever is earlier. He also stated that the aforesaid settlement Exhibit-4 was signed by the representatives of the management and the majority Union in presence of the Conciliation Officer named S.C.Saikia, Assistant Labour Commissioner (C), Dibrugarh and he himself was one of the signatories of the Settlement. He exhibited his signature and the signature of the Assistant Labour Commissioner (Central), Dibrugarh on Ext 4.

20. He further stated that Protective Clothing Allowance which was earlier paid to all the employees and the Officers of the NRL was discontinued on introduction of new Defined Contributory Pension Scheme and the Company decided to transfer the protective clothing/uniform allowance to the Pension subscription after enhancing the same. During cross-examination the witness stated that workmen working 6 days in a week are entitled to overtime wages and NRL is paying overtime wages as per Provision of the Factories Act. He exhibited a salary slip of one workman Sri Debraj Talukdar as Exhibit-21 and stated that in this salary slip there is mention of overtime including basic, D.A. etc. He also denied that in the aforesaid salary slip (Exhibit-21) for the month of April, 2006, Basic + D.A + Special Allowance was considered as component for computing Overtime Allowance. He admitted that earlier Special allowance was taken into account in calculating the over time wage but later the Special Allowance was dropped in calculating the overtime. It appears from his cross-examination that the stand of the management was that Special Allowance cannot be considered as a part of "ordinary rate of wages" as because this allowance is not paid universally, necessarily and ordinarily to all the workmen of the company but is paid to those workmen who work 6 days in a week as an incentive.

21. Management witness No.2, Manager HR in NRL, deposed that the system of computerization has been introduced in NRL since its inception and ERP allowance has never been paid to the workmen in NRL. Management witness No.3 who is a Manager, IR/PR, NRL since the year 2000, stated that he is familiar with the process and advertisement of recruitment to the post of workmen in NRL since 1997/98 as he himself was a job seeker. He further stated that in the said advertisement there was mention about parks, pay-scales and other benefits of the employees being similar to the Industries in the region but similar does not mean, according to him, same. He also stated that existing pay-scales etc. in all the Refineries are also not the same. He further stated that on 11.10.2010 a Memorandum of Settlement was signed between the management and the recognized Union where in Clause 13.10 it was mentioned that with introduction of New Pension Scheme, matters relating to allowance against the actual Protective Clothing will be decided.

22. I have heard argument from both the sides. Neither party engaged any lawyer and argument was advanced by the parties themselves.

23. Let me now, in brief, summarize the argument made by the parties in this case. Workmen side precisely raised all the three issues which formed part of the reference in this matter. It is submitted that the employees who work for 48 hours in a week i.e. 6 days in a week get a Special Allowance of 10% of their Basic and all along this Special Allowance has been taken in to account for the purpose of calculating the overtime of those employees. However, afterII (ii) 4949 the "so called" Memorandum of Settlement dated 11.10.2010 this Allowance was dropped in calculation of overtime for those employees arbitrarily and in violation of the provision of section 59(2) of the Factories Act, 1948.

24. Coming to the point Protective Clothing Allowance it was stated that the management arbitrarily stopped cash payment of Protective Clothing Allowance and in Clause 13.10 of the MOS (Ext-4) it was illegally mentioned that with the introduction of New Pension Scheme, additional contribution from the Company for the Pension Scheme in terms of Protective Clothing Allowance would be discontinued and Allowance against actual Protective Clothing will be finalized after introduction of New Pension Scheme. It was also stated that in the year 2012 the New Pension Scheme was fully introduced but the management had not yet released any actual Protective Clothing Allowance.

25. In regard to ERP Allowance (Special Computer Allowance) the argument of the workmen was that such Allowance is paid to the employees in similar Industries in the Region and as per the advertisement made by the management of the NRL, the pay and other benefits would be similar to what is paid to the workmen in the similar Industry in the Region. On the aforesaid ground the workman also demanded ERP Allowance.

26. The workmen side also argued that the MOS ( Exhibit-4) was purely a Bipartite Settlement between the management and the majority Union and this cannot be called a conciliatory Settlement. It is further argued that as the said Settlement was not a conciliatory Settlement the same cannot be made binding on the workmen/ employees of the Industry.

27. Management side, on the other hand, refuted the aforesaid claim of the workmen. Their main contention was that the Memorandum of Settlement dated 11.10.2010 (Exhibit-4) was a conciliatory Settlement in as much as the entire discussion was held in presence and active participation of the Assistant Labour Commissioner (C), Dibrugarh. There were several rounds of discussion and ultimately, to the satisfaction of all concerned, the MOS was signed and as such, all the workmen in the Industry are supposed to abide by the agreement. In respect of calculation of Special Allowance for the purpose of computing overtime it was stated that new overtime formula was notified througha an Administrative order as per the terms and conditions of Clause-22 of the MOS. It was also stated that as per the new Overtime formula the Special Allowance was not taken in to account. Since the Notification regarding Overtime formula was issued by the management as per the Settlement i.e. MOS, no workmen can make any demand for taking into account the Special Allowance for the purpose of calculation of the overtime.

28. In regard to the Protective Clothing Allowance (Uniform Allowance) it was stated that the aforesaid allowance was first discontinued with the incorporation of Defined Contributory Pension Scheme. It was also submitted that the money which was earlier paid as the allowance was diverted to the New defined contributory pension scheme. It was also stated that since all the Protective Clothing were supplied by the management there was no question of paying any Protective Clothing Allowance. It was however an admitted fact that in the MOS (Exhibit-4) it was mentioned in Clause-13.10 that with the introduction of New Pension Scheme additional contribution from the Company in the Pension Scheme in terms of Protective Clothing Allowance can be discontinued and allowance against actual Protective Clothing will be finalized after introduction of New Defined Contributory Pension Scheme. It is however, admitted that the Allowance against actual Protective Clothing is yet to be finalized by the management after discussion with the workmen Union.

29. In regard to ERP Allowance (Computer Allowance) management argued that such allowance has never been paid to the employees of the NRL primarily because NRL is fully computerized unit right from inception. The management side argued that the management never advertised that they would give "same" allowance to their workmen as is given in similar industry in the region. The word "similar" and "same" are two different words and hence, the claim of the workmen in regard to the aforesaid point needs to be rejected. In the concluding part of the argument it is stated that since the MOS (Exhibit-4) was a conciliatory Settlement, all the workmen /employees in the Industry irrespective of membership to one Union or other, are bound by the Settlement and no new demand can be raised by any workman.

30. Let me now consider the evidence with reference to the submissions made by the parties. An important question is whether the MOS (Exhibit-4), which is an admitted piece of document, is a conciliatory Settlement or not. During the evidence, the management witnesses stated that the Assistant Labour Commissioner (C), Dibrugarh was all along present during several rounds of discussion which ultimately culminated into a settlement. It was also shown that the aforesaid officer also put his signature on the MOS (Ext-4). The workmen side argued that in absence of the office seal of the officer under his signature, the signature looses validity. On perusal of the evidence on record as well as MOS (Exhibit-4) it appears to me that thougha the agreement was between the management and the majority Union, the discussions were held in presence and active participation of the Assistant Labour Commissioner (C), Dibrugarh and as a mark of his presence and participation in the process of discussion he has put his signature thereon. Mere fact that his office seal was not put beneath his signature cannot make his signature invalid. There is also nothing on record to show that the discussions were held in absence of the ALC and that he was not present during the signing of the Agreement. On the contrary, his presence all througha was sufficiently proved by his signature on the Agreement vide Exhibit-4(2).

4950 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

The simple fact that Office seal was not put cannot, in any case, make his signature meaningless. It is therefore, held that the Agreement i.e. MOS (Exhibit-4) was a Conciliatory Settlement and as such, it is binding upon all the employees of the concerned Industry i.e. NRL irrespective of the fact whether certain Union was signatory to the agreement or not. Apparently, in view of the above, the MOS (Ext-4) is equally binding upon all the workmen of the NRL.

31. However, if it is found that any part or clause or decision of the conciliatory agreement/ settlement is contrary to relevant provisions of any law enacted by legislature, such clause or decision can never be held to be justified on the sole strength that the settlement was conciliatory. Section 59(1) of the Factories Act, 1948 has provided that an employee working for more than 48 hours in a week will get, in respect of overtime work, wages at the rate of twice his "ordinary rate of wages". In Section 59 (2) of the Factories Act, 1948 the following has been provided:- "For the purpose of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing througha the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work."

32. The aforesaid provision is crystal clear that all the pay and allowances paid to the employees, except the bonus and overtime allowance, shall form part of "ordinary rate of wages" for the purpose of calculation of overtime. Any agreement or any order contrary to the above cannot be made binding upon the workmen. It is therefore, held that the "Special allowance" which is paid to a certain category of workmen in NRL shall be taken into account in calculating their overtime wages.

33. The question of protective clothing allowance has been dealt with in the MOS (Ext-4) and the decision therein shall be binding upon all the workmen of the organization in as much as the MOS is a conciliatory settlement. As per Clause 13.10 of the MOS (Exhibit-4), with the introduction of new Pension Scheme, additional contribution from the Company in the Pension Scheme in terms of Protective Clothing Allowance should be discontinued but the allowance against the actual protective clothing will be finalized after introduction of the New Pension Scheme. It was, therefore, settled that after introduction of the new contributory pension scheme allowance against actual protective clothing will be finalized. But, it appeared that thougha the new pension scheme was introduced, no decision was arrived at regarding allowance against actual protective clothing after discussion with the representatives of the workmen. It is, therefore, directed that the management of the NRL shall within six months from the date of the receipt of this "award", finalize the allowance against actual protective clothing. This shall be done in view of the decision arrived in clause 13.10 of the MOS (Ext-4).

34. Coming to the point of ERP allowance (computer allowance), the only argument of the Union was that in the advertisement for recruitment, the NRL mentioned that the pay, allowances and perks would be similar to what was prevalent in the similar industry in the region. It is an admitted fact that the advertisement was in that line and that other oil refineries pay computer allowance to their employees. Argument of the NRL was that the computer allowance has never been paid to their employees because from the inception itself there was almost total computerization in the organization. It was also argued that the terms "same" and "similar" are not identical. On consideration of the above it appeared to me that the advertisement was in the nature of a guideline and all allowances of two different organizations may not be same. The pay, allowances and perks of the workmen of the aforementioned organizations are not expected to be same and that is why there are different settlements between different organizations and their respective workmen. It is, therefore, held that the demand for ERP allowance is not justified since it did not form part of the MOS.

35. In view of the above discussion, the reference stands answered as mentioned hereunder. In regard to payment of overtime, the management shall take into account the special allowance (which is paid to a certain category of employee), along with pay and other allowances excluding house rent allowances and bonus and overtime wage, for the purpose of calculation of overtime to such employees who are paid special allowance. In regard to protective clothing allowance, the management shall within six months from the date of the receipt of this "award" finalize the allowance against actual protective clothing. In regard to ERP allowance (computer allowance) the stand of the Union did not appear to be justified. The reference is answered accordingly.

Send the "award" to the Ministry as per procedure.

Given under my hand and seal of this Court on this 19th day of July, 2017 at Guwahati.

MRINMOY KUMAR BHATTACHARJEE, Presiding Officer —

II (ii) 4951

New Delhi, the 3rd August, 2017

S.O. 1857.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 62/2015) of the Central Government Industrial Tribunal/Labour Court-2, Chandigarh now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Dey's Engineering and their workman, which was received by the Central Government on 03.08.2017.

[No. L-30011/2/2016-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer

Case No.62/2015

Registered on 25.02.2016

The President, Jai Sharam Shakti Refinery Thekedar Workers Union, 136/4, Bishan Sawaroop Colony, Near Labour Office, Panipat, Haryana

…Applicant

Versus

1. M/s Dey's Engineering, House No.292, Virat Nagar,

Panipat, Haryana-132103 …Respondent

APPEARANCES :

For the workman         -   Ex parte
For the Management      -   Sh. Rakesh Kumar (Accountant)

AWARD

Passed on : 22.06.2017

Vide Order No.L-30011/2/2016-IR(M), dated 15.02.2016/17.02.2016, the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

"Whether the action of the management of Dey's Engineering, Panipat in termination the services of the workmen Sh. Surrender s/o Balbir Singh, w.e.f. 26.01.2015 is legal and justified? If not, what relief the workman is entitled to and from which date?"

On receipt of the reference, notice was given to the workman who did not appear and was proceeded ex parte.

Since the workman was proceeded against ex parte, statement of claim has not come on the file.

In the absence of statement of claim or any evidence thereon, it cannot be said that the action of the management in terminating the services of the workman w.e.f. 26.01.2015 are illegal and unjustified and the workman is not entitled to any relief and the reference is answered accordingly.

KEWAL KRISHAN, Presiding Officer4952 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] —

New Delhi, the 3rd August, 2017

S.O. 1858.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 02/2013) of the Central Government Industrial Tribunal/Labour Court, Ajmer now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Udaipur Mineral Syndicate Pvt. Ltd. and their workman, which was received by the Central Government on 03.08.2017.

[No. L-29011/48/2012-IR (M)]

RAJESH KUMAR, Under Secy.

अनुबंध

श्रम न्यायालय एवं औद्योगिक न्यायाधिकरण, अजमेर

पीठासीन अधिकारी-श्री एस.एन.टेलर, आर.एच.जे.एस.

प्रकरण संख्या- सीआईटीआर 02/13

(सीआईएस नं. सीआईटीआर 07/2014)

रेफरेंस संख्या एल-29011/48/2012-आई आर (एम) दिनांक 24.2.13

महामंत्री भीलवाडा खनिज धातु मजदूर संघ कार्यालय 11/97 भोपाल गंज भीलवाडा राज.

--प्रार्थी बनाम

महाप्रबंधक उदयपुर मिनरल डवलपमेंट सिंडीकेट प्रा0 लिमिटेड रेल्वे फाटक के सामने, चित्तौड रोड, भीलवाडा

--अप्रार्थी उपस्थिति

प्रार्थी की ओर से ः श्री राजेश खन्ना, अधिवक्ता ।

अप्रार्थी की ओर से ः श्री एम सी जैन, अधिवक्ता ।

अवार्ड

दिनांक 21.6.2017

1. श्रम विभाग, केंद्र सरकार की ओर से अपर सचिव की अधिसूचना एल.-29011/48/2012-आई आर(एम) दिनांक 24.2.13 द्वारा इस औद्योगिक न्यायाधिकरण को अधिनिर्णयार्थ निम्न विवाद निर्देशित किया गया हैः- 2. ''क्या प्रबंधन उदयपुर मिनरल सिंडीकेट प्राईवेट लिमिटेड भीलवाडा के द्वारा खनिज धातु मजदूर संघ की मांग सं.1,2,3,15,16 को नहीं मानना न्यायोचित तथा न्यायसंगत है? यदि नहींं तो यूनियन/कर्मकार किस अनुतोष के अधिकारी है ?''

3. उभयपक्षों की ओर से स्वीकृत तौर पर मांग पत्र प्रदर्श डब.10 अनुसार उक्त रेफरेंस में वर्णित उक्त मांग सं. 1,2,3,15 व 16 निम्न प्रकार से हैः-

1. प्रबधकों द्वारा सावल ऑपरेटरों को समान कार्य का समान वेतन नहीं दिया जा रहा है जैसे गोपाल गुर्जर को अपने 4500 वाला वेतन दिया जबकि पूर्व हैल्पर के रूप में 750 की ग्रेड में था । अतः उसे 7500/-रू.प्रतिमाह मिलने चाहिये ।

II (ii) 4953

2. जो श्रमिक सैमी स्किल्ड में कार्य कर रहे है उनको स्किल्ड का वेतन मान दिया जावे व वर्तमान में स्किल्ड में जो कार्य कर रहे है उन्हें ग्रेड में लिया जावे ।

3. प्रबंधकों द्वारा दि.2.6.10 को जो वेतनमान बनाये गये उसमें आप द्वारा वेतनमान को समक्ष पदों का विवरण नहीं दिया गया इससे यह स्पष्ट नहीं होता है कि कौनसा वेतनमान किसी पद के लिये लागू माना जावेगा । जिससे श्रमिक में दिशा भ्रम की स्थिति पैदा हो गयी । कृपया वेतनमान के समक्ष पदों का नाम भी लिखें ।

15. घेवरिया माइंस पर कार्यरत सात व्यक्ति (प्रवीण शर्मा, रामकुंवार गुर्जर खाना गुर्जर घनश्याम पालीवाल माधू जाट नटवर सुवालका, प्यारा गुर्जर) जो पांच-छः वर्षो से कार्यालय माइंस पर काम कर रहे है उनको स्किल्ड का वेतन मान दिया जावे तथा पी एफ काटकर फिर यू एम डी एस में स्थाई किया जावे ।

16. घेवरिया माइंस पर सात श्रमिक जो एच एम ऑपरेटर का कार्य पिछले पांच वर्षो से कर रहे है उन्हें अन्य ऑपरेटर के बराबर वेतनमान दिया जावे ।

4. तलब किये जाने पर प्रार्थी पक्ष द्वारा प्रस्तुत स्टेटमेंट ऑफ क्लेम में अभिवचन किये गये है कि प्रार्थी यूनियन एक मान्यता प्राप्त रजिस्टर्ड यूनियन है भारतीय मजदूर संघ से संबंधित यूनियन है जिसका मूल उद्‌देश्य यूनियन के सदस्यो/श्रमिकों को राहत दिलवाना उनकी मांगे पूरी करवाना व उनके अहित ना हो उसको बचाना है । प्रार्थी यूनियन के कुशल, उर्द्धकुशल व अकुशल श्रमिक सदस्य है जो करीब 240-250 के लगभग है जो अप्रार्थी नियोक्ता के चैनपुरा व घेवरिया व अन्य माइंस व फैक्ट्र्‌ी में भिन्न भिन्न पदों पर कार्यरत है । दि.2.6.10 को अप्रार्थी ने खान मजदूर कांग्रेस यूनियन भीलवाडा फर्जी यूनियन से जो दि.2.6.10 को समझौता प्रपत्र तैयार किया वह गलत व गैर कानूनी है । प्रार्थी यूनियन अप्रार्थी नियोक्ता से अपने श्रमिकों कर्मचारियों की वेतन विसंगतियों, श्रमिकों व कर्मचारियों के साथ हो रहे कुठाराघात के संबंध में अप्रार्थी से कई बार मौखिक रूप से शिकायत की जिस पर अप्रार्थी ने कोई ध्यान नहीं दिया । दि.28.7.11 को प्रार्थी ने केंद्रीय उप श्रम आयुक्त एवं समझौता अधिकारी, अजमेर का अपना सोलह सूत्रीय मांग पत्र प्रस्तुत किया जिसमें मांग सं.1,2,3,15,16 को अप्रार्थी द्वारा नहीं माना गया वार्ता करवायी जो वाता दि.21.6.12 को असफल हुई । प्रथम मांग का अप्रार्थी नियोक्ता ने कोई जवाब नहीं दिया । तथाकथित फर्जी यूनियन द्वारा दि.2.6.10 को जो समझौता अप्रार्थी द्वारा तैयार हुआ उसमें प्रथम ग्रेड 4500-140-55-150-6500-160-7500 तय हुई । जब अप्रार्थी द्वारा यह पूर्व में ही तय किया जा चुका था कि 4500/-रूपये वाले वेतन की ग्रेड 7500/-रूपये होगी तो फिर अप्रार्थी द्वारा उसको क्यों नहीं अमल में लाया गया और जो सावल ऑपरेटर है उनको क्यों नहीं दिया जा रहा है उसका काई कारण अप्रार्थी द्वारा ना तो बताया ना ही दिया गया । अप्रार्थी द्वारा श्रमिकों के साथ उनके वेतनों में विसंगति उत्पन्न की जा रही है । अप्रार्थी द्वारा स्टाफ कर्मचारियों को जो वीडीए दिया जा रहा है उसमें किसी को कम व किसी को अधिक दिया जा रहा है । वही कर्मचारियों में भेदभाव रखा जा रहा है । स्टाफ वालों को वीडीए लेबर की तर्ज पर दिया जा रहा है जबकि वेतन मंथली है । वीडीए के सबंध में पूर्व में सन्‌ 1995,1993,1990 आदि वर्षो में अप्रार्थी द्वारा पूर्व में श्रमिकों व स्टाफ कर्मचारियों को दिये जाने वाले वी डी ए का फार्मूलो बनाया गया परंतु अप्रार्थी नियोक्ता द्वारा उक्त फार्मूले का प्रयोग नहीें करके अपनी मनमर्जी से व अपनी हठधर्मिता से वीडीए का भुगतान किया जाता है जो गलत है । मांग सं.2 का भी कोई संतोषजनक जवाब नहीें दिया गया । शर्त सं.3 के संबंध में भी अप्रार्थी द्वारा कोई जवाब नहीें दिया गया । प्रार्थी यूनियन के जो श्रमिक है व भिन्न पदों पर कार्यरत है उसमें उनके आगे पदों के अभाव में यह तय नहीें किया जा सकता कि किस श्रमिक को कौनसे पद की कौनसी ग्रेड के अनुसार वेतनमान दिया जायेगा जबकि समझौता अधिकारी के सामने जो वार्ता हुई उसमें यूनियन की ओर से दि.21.6.12 को प्रस्तावित सूचियां पदों व वेतनमान सहित पेश की गयी जिसको अप्रार्थी द्वारा नहीं माना । जिन श्रमिकों ने बिना किसी कारण 180, 240 दिन लगातार अपनी सेवायें पूरी कर ली है वह स्थायी होने के हकदार है तौ फिर अप्रार्थी द्वारा उन्हें स्थायी क्यों नहीं किया जा रहा है और स्किल्ड का वेतनमान क्यों नहीें दिया जा रहा है जबकि श्रमिक जब स्किल्ड का कार्य कर रहा है तो नैसर्गिक न्याय के सिद्धांतों के अनुसार स्किल्ड श्रमिक का ही वेतनमान मिलना चाहिए । आज तक कैलाश श्रमिक को समान वेतनमान नहीं देकर प्रार्थी के साथ व श्रमिकों के साथ बिना अधिकार कुठाराघात किया जा रहा है । अंत में प्रार्थना की है कि मांग सं.1,2,3,15,16 को पूरा करवाया जावे और श्रमिकों को पिछला एरियर व अठारह प्रतिशत ब्याज सहित दिलवाया जावे जिन श्रमिकों का वेतनमान बढना है उनका बढा हुआ वेतनमान समझौता दिनांक से मय एरियर व ब्याज सहित दिलवाया जावे । अन्य अनुतोष मुकदमे का खर्चा भी दिलवाया जावे ।

5. अप्रार्थी द्वारा जवाब प्रस्तुत किया जाकर प्रार्थी के स्टेटमेंट ऑफ क्लेम को मदवार अस्वीकार करते हुए अभिवचन किये है कि भारतीय खान मजदूर संघ ख खान मजदूर कांग्रेस के अधिकतम श्रमिक उक्त दोनों यूनियनों के सदस्य है । प्रार्थी यूनियन मान्यता प्राप्त नहीं है। अप्रार्थी कंपनी ने प्रार्थी यूनियन को मान्यता नहीं दे रखी है । प्रार्थी यूनियन बहुत अल्प सदस्यता वाली यूनियन है जिसमें दोहरी सदस्यता वाले सदस्य प्रार्थी यूनियन के सदस्य है यानि की प्रार्थी यूनियन की सदस्यता के अलावा अन्य यूनियन के सदस्य भी है । अल्प सदस्यता वाली यूनियन होने से प्रार्थी यूनियन का कोई अस्तित्व नहीं है तथा यूनियन सामूहिक प्रकृति की मांग नहीं उठा सकता है । उपरोक्त वर्णित दोनों यूनियन4954 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] से समय समय पर द्विपक्षीय व त्रिपक्षीय समझौते होते रहते है जिनके द्वारा सामूहिक मांगों का निस्तारण किया जाता है । यूनियन ने अपनी मांगों से संबंध में कोई भी पत्र प्रबंधकों को नहीं दिया है उन्होनें सीधे ही अपना क्लेम समझौता अधिकारी के समक्ष प्रस्तुत किया है जो नियमानुसार गलत एवं विधि विरूद्ध है। यूनियन ने न तो अपने सदस्यों की सूची प्रस्तुत की है और ना ही केस का हेतुक प्रस्तुत किया है जिससे यह साबित हो सके कि श्रमिकों ने अपनी मांगे उठाने के लिये यूनियन को अधिकृत किया हो उक्त क्लेम पेश करने से पूर्व न तो यूनियन ने अपने सदस्यों की जनरल बॉडी मीटिंग ही बुलायी है ना ही वहां पर इस तरह का कोई प्रस्ताव व उस पर कार्यवाही का विचार किया गया है । मौजूदा रेफरेंस एब इनिशिओ इनवैलिड है व बैड इन लॉ है । प्रार्थी यूनियन का महामंत्री रामलाल लोदा ने बहुमत वाली यूनियन भारतीय खान मजदूर संघ के साथ हुए समझौते पर हस्ताक्षर किये है । समझौता खान मजदूर कांगे्रेस इंटक बहुमत वाली यूनियन से किया गया था जिस पर अधिकांश श्रमिकों के हस्ताक्षर है तथा उक्त समझौते को श्रम विभाग में भी पंजीकृत करवाया गया था उक्त समझौते द्वारा लागू परिलाभ समस्त श्रमिकागण द्वारा सहर्ष प्राप्त किये गये थे एवं किसी भी श्रमिक द्वारा कोई भी विरोध एवं एतराज नहीं किया गया था उक्त परिलाभ प्राप्त करने के पश्चात्‌ यह लिखना कि उक्त समझौता गलत एवं फर्जी है मात्र यह इंगित करता है कि प्रार्थी यूनियन अपने निहित स्वार्थों की पूर्ति हेतु उक्त कार्यवाही कर रही है जबकि यह समझौता पूरी तरह से मान्य होकर लागू किया गया था रामलाल लोदा जो प्रार्थी यूनियन के महामंत्री है ने उक्त समझौते पर हस्ताक्षर किये है इस कारण इस समझौते से प्रार्थी यूनियन बाध्य है तथा समझौते को किसी तरह की चुनौती देने या इंकार करने समझौते को फर्जी कहने का अधिकार यूनियन को नहीं है । सभी श्रमिकों ने राजीखुशी उक्त समझौते एवं उससे उत्पन्न समस्त परिणामों को बिना एतराज स्वीकार किया था उसके परिलाभ रामलाल लोदा महामंत्री प्रार्थी यूनियन ने भी प्राप्त किये है । मांग सं.1,2,3,15 व 16 की मांगे रेफरेंस लायक नहीं थी । दि.2.8.10 को समझौता खान मजदूर कांग्रेस के साथ हुआ इस समझौते पर रामलाल लोदा महामंत्री प्रार्थी यूनियन के भी हस्ताक्षर है । समझौता दि.8.5.10 का जो भारतीय खान मजदूर संघ के साथ हुआ है तथा समझौता दि.7.3.13 का खान मजदूर कांग्रेस के साथ समझौता अधिकारी एवं सहायक श्रम आयुक्त केंद्रीय अजमेर की मौजूदगी में हुआ है तथा समझौता दि.31.7.13 का भारतीय खान मजदूर संघ के साथ हुआ है । उक्त समझौतों को दृष्टिगत रखते हुए अब कोई विवाद शेष नहीं रहा है । बहुमत वाली यूनियन खान मजदूर कांग्रेस एवं भारतीय खान मजदूर संघ के साथ दि.31.7.13 को समझौतो संपन्न हुआ है जिमसें उक्त वर्णित मांगों का पूर्णतः निरस्तारण किया जा चुका है । अतः इस प्रकार की कोई मांग वर्तमान में शेष नहीें है । अप्रार्थी संस्थान द्वारा श्रमिकों को केंद्रीय सरकार द्वारा घोषित श्रेणी अकुशल, अर्द्धकुशल एवं कुशल श्रेणी में रखा जाता है व उनकी श्रेणी के अनुसार ही पदनाम दिये जाते है और समय समय पर यूनियनों के साथ समझौते के अनुसार पदोन्नति दी जाती है । जिसमें उनका कार्य एवं पद कुछ भी हो पदोन्नत कर दिया जाता है । कुशल श्रेणी के श्रमिकों को कुछ वर्षो पश्चात्‌ यूनियन के समझौते के द्वारा ग्रेड का लाभ दिया जाता है जो समझौते द्वारा हीे बनायी गयी है । अतः यहां पद एवं उसके वेतनमान का कोई प्रश्न ही नहीं उठता है । क्योंकि समझौता दि.2.6.10 के द्वारा यह निर्णीत किया गया था कि ग्रेड वाले कर्मचारियों को सभी को कुशल श्रेणी का वेतन दिया जावेगा चाहे उनका पदनाम व श्रेणी कुछ भी हो इसमें अकुशल श्रेणी में आने वाले चौकीदार भी कुशल श्रेणी का वेतनमान प्राप्त कर रहे है । ऐसी स्थिति में ग्रेड में पदनाम दिया जाना संभव नहीं है । सामूहिक प्रकृति की मांग जिस पर बहुमत वाली यूनियन से समझौता हो गया है । मांग क्षेत्राधिकार से आगे बढकर उठायी गयी है जबकि श्रम विभाग ने मात्र सात श्रमिकों के संबंध में ही रेफरेंस किया है जो उनके मांग पत्र के पैरा सं.15 से संबंधित है । उक्त सातों श्रमिकों में छः श्रमिकों को यू एम डी एस में स्थाई कर दिया गया था व नियमानुसार उनका पी एफ भी काटा जा रहा है सातवां श्रमिक माधो जाट कंपनी में कार्यरत नहीं है वह ठेकेदार के यहां पर कार्यरत है उसको ठेकेदार द्वारा नियमानुसार लाभ व परिलाभ दिये जा रहे है । प्रवीण शर्मा कार्यालय सहायक पद पर कार्यरत है व उसको कुशल श्रेणी का वेतनमान दे रहे है, रामकुमार गुर्जर हैल्पर को उसके पद के अनुसार अकुशल श्रेणी का वेतनमान दे रहे है, काना गुर्जर वाटरमैन को पद के अनुरूप वेतनमान दिया जा रहा है । घनश्याम पालीवाल ब्लास्टर पद पर स्थायी रूप से कार्यरत था जो कि स्वेच्छा से नौकरी छोड गया । नटवर सुवालका हैल्पर को उसके पद के अनुसार वेतनमान दे रहे है, प्यारा गुर्जर श्रमिक को अकुशल श्रेणी का वेतन दिया जा रहा था जो हत्या के केस में आरोपी होने से पिछले काफी समय से लगातार अनुपस्थित चल रहा है । मांग पत्र में उसका क्रमांक 14 है जबकि रेफरेंस मांग पत्र की मांग सं.1,2,3,15,16 को ही निर्णय हेतु रेफर किया गया है वह विचारणीय नहीं है । पैरा सं.13 के अंर्तगत वर्णित कथन श्रम मंत्रालय द्वारा निर्णयन हेतु रेफर नहीं किये गये अतः विचारणीय नहीं है । अंत में निवेदन किया है कि प्रार्थी यूनियन मांग सं.1,2,3,15,16 को खारिज करते हुए प्रार्थी यूनियन का क्लेम मय हर्जे-खर्चे खारिज किया जाकर नो डिस्प्यूट अवार्ड पारित किया जावे ।

6. प्रार्थी यूनियन ने उक्त जवाब स्टेटमेंट ऑफ क्लेम का जवाब उल जवाब प्रस्तुत कर उसमें अप्रार्थी की आपत्तियों को मदवार अस्वीकार करते हुए अभिवचन किये है कि दि.9.7.10 को श्रम विभाग के अतिरिक्त श्रम आयुक्त मुख्यालय जयपुर ने एक आदेश जारी कर भारतीय खान मजदूर संघ का पंजीयन निरस्त कर दिया और उस यूनियन का अस्तित्व ही श्रम विभाग द्वारा समाप्त कर दिया है तो फिर भारतीय खान मजदूर संघ बहुमत वाली यूनियन होने का प्रश्न ही उत्पन्न होता है और जब श्रम विभाग ने भारतीय खान मजदूर संघ की मान्यता ही वर्ष 2010 में रद्‌द कर दी तो फिर प्रार्थी यूनियन की कोई अस्तित्व ही नहीं रहता है । जहां तक खान मजदूर कांग्रेस का प्रश्न है उससे कही ज्यादा सदस्य प्रार्थी यूनियन के है और प्रार्थी यूनियन ने वर्तमान में अप्रार्थी संस्थान में अपना अस्तित्व बनाये रखा हैII (ii) 4955 और प्रार्थी यूनियन ने ही अप्रार्थी संस्थान में कार्यरत श्रमिकों एवं कर्मचारियेां की मांग उठायी है । यदि अप्रार्थी संस्थान ने अन्य किसी यूनियन से काई समझौता दबाव बनाकर या धमकियां देकर कर लिया है तो वह समझौता माने जाने योग्य नहीें है । प्रार्थी यूनियन द्वारा अप्रार्थी संस्थान ने कई बार मौखिक रूप से व कई बार लिखित रूप से मांगों के समर्थन में बातचीेत की गयी वार्ता की गयी जब अप्रार्थी संस्थान ने प्रार्थी यूनियन की मांगों को नहीं माना तब प्रार्थी यूनियन ने समझौता अधिकारी के समक्ष अपनी प्रार्थना पेश किया । प्रार्थी यूनियन ने अपने क्लेम के साथ चैनपुरा माइंस घेवरिया माइंस में कार्यरत प्रार्थी यूनियन के सदस्यों की लिस्ट पेश की है और उनके द्वारा ही मांगों के समर्थन में प्रार्थी यूनियन को बताया उसके पश्चात्‌ ही प्रार्थी यूनियन ने वही मद्‌दा उठाया । अप्रार्थी संस्थान अपने इस प्रकरण में अपने आपको बचाने हेतु एक तथाकथित झूठा समझौता निरस्त यूनियन के साथ किया है जो किसी भी रूप से स्वीकार किये जाने योग्य नहीं है । अप्रार्थी संस्थान ने अपने पूरे जवाब क्लेम में कहीं भी मांग सं.1,2,3,15,16 के बारे में कोई कथन नहीं किये जो मांगे सही और सत्य है । यदि मांग सं.1,2,3,15,16 गलत व बेबुनियाद होती तो अप्रार्थी संस्थान अपने जवाब में उसका खंडन अवश्य करते परंतु अप्रार्थी संस्थान ने अपने पूरे जवाब में केवल यूनियन का ही मुद्‌दा उठाया है जो केंद्रीय सरकार की अधिसूचना के विपरीत है और जब अधिसूचना के विपरीत जवाब पेश किया है तो वह जवाब कानूनन विधि विरूद्ध है और माने जाने व स्वीकार किये जाने योग्य नहीं है । अंत में प्रार्थना की है कि प्रार्थी यूनियन का क्लेम स्वीकार किया जावे ।

7. प्रार्थी यूनियन ने अपनी मौखिक साक्ष्य में ए डब. 1 रामलाल लोदा, ए डब.2 माधू जाट, ए डब.3 गोपाल गुर्जर, ए डब.4 कैलाशचंद्र, ए डब.5 भैरू कलाल, ए डब.6 रणजीतसिंह को परीक्षित करवाया है। दस्तावेजी साक्ष्य में प्रदर्श डब. 1 रेफरेंस, प्रदर्श डब.2 असफल वार्ता प्रतिवेदन, प्रदर्श डब.3 प्रार्थना पत्र अप्रार्थी समक्ष समझौता अधिकारी, प्रदर्श डब.4 प्रार्थना पत्र प्रार्थी समक्ष समझौता अधिकारी, प्रदर्श डब.5 व डब.8 जवाब अप्रार्थी समझौता अधिकारी, प्रदर्श डब.6, डब.7 व डब.9 नोटिस समझौता अधिकारी, प्रदर्श डब.10 मांग पत्र, प्रदर्श डब.11 आदेश दि.9.7.10 बाबत्‌ पंजीयन रद्‌दीकरण, प्रदर्श डब.12 संलग्नक भारतीय खान मजदूर संघ सहित, प्रदर्श डब.13 स्पष्टीकरण सूचना बाबत्‌ मांग पत्र, प्रदर्श डब.14 सूची कर्मकारगण मांग पत्र से संबंधित, प्रदर्श डब.15 समझौता पत्र दि.2.6.2010, प्रदर्श डब.16 इकरारनामा फोटो प्रतियो में प्रस्तुत कर प्रदर्शित करवाये हैं । जबकि अप्रार्थी ने अपनी मौखिक साक्ष्य में डी डब.1 अमित कुलश्रेष्ठ, असिस्टेंट मैनेजर एच आर अप्रार्थी संस्थान को परीक्षित करवाया गया है तथा दस्तावेजी साक्ष्य में प्रदर्श एम-1 समझौता पत्र दि.28.6.12 त्रिपक्षीय, प्रदर्श एम-2 आकस्मिक श्रमिकों की सूची, प्रदर्श एम-3 समझौता दि.12.4.12 त्रिपक्षीय बाबत्‌ श्रमिक प्यारेलाल, प्रदर्श एम-4 समझौता पत्र दि.8.5.10, प्रदर्श एम-5 समझौता पत्र दि.7.3.13 त्रिपक्षीय, प्रदर्श एम-6 समझौता पत्र दि.31.7.13, प्रदर्श एम-7 समझौता पत्र दि.2.6.10 (प्रदर्श डब.15), प्रदर्श एम-8 वार्ता प्रतिवेदन दि.30.7.13, प्रदर्श एम-9 रसीद श्रमिक घनश्याम पालीवाल, प्रदर्श एम710 रिलिविंग लैटर घनश्याम पालीवाल, प्रदर्श एम-11 त्यागपत्र घनश्याम पालीवाल, प्रदर्श एम-12 ऑफर लैटर घनश्याम पालाीवाल प्रदर्श एम-13 रजिस्ट्र्‌ेशन प्रमाण पत्र खान मजदूर कांग्रेस फोटो प्रतियों में पेश कर प्रदर्शित करवाये गये है।

8. बहस अंतिम सुनी गयी । विद्वान अधिवक्ता प्रार्थी के स्टेटमेंट ऑफ क्लेम के तथ्यों के दोहराव के साथ तर्क रहे है कि पत्रावली पर प्रार्थी यूनियन के सदस्यों की सूची है । स्टेटमेंट ऑफ क्लेम पेश करते समय प्रार्थी यूनियन में 240 से 250 लगभग श्रमिक सदस्य थे अब चार सौ करीब सदस्य है । प्रार्थी यूनियन के सदस्य इससे कम हो, इस संबंध में अप्रार्थी पक्ष की माने जाने योग्य साक्ष्य नहीें है । प्रार्थी यूनियन रजिस्टर्ड एवं भारतीय मजदूर संघ से संबंधित है जो कि मशहूर यूनियन है तथा श्रमिकों कल्याण की मांगे रखने के लिए विधि अनुसार अधिकार रखती है । प्रार्थी यूनियन पर अल्पमत की यूनियन होने का व अप्रार्थी से मान्यता प्राप्त नहीं होने का अप्रार्थी पक्ष द्वारा लगाया गया आक्षेप मिथ्या व निराधार हे जिसके समर्थन में अप्रार्थी की कोई साक्ष्य नहीें है बल्कि प्रार्थी यूनियन से अप्रार्थी द्वारा समझौता किये जाने की साक्ष्य पत्रावली पर है । जिस यूनियन का समझौता अप्रार्थी द्वारा बताया जाकर के उसे बहुमत की यूनियन बताया गया है उसका तो रजिस्ट्रेशन ही रद्‌द हो गया जिसकी प्रति प्रदर्श डब.11 व डब.12 पत्रावली पर है । उक्त यूनियन को समझौते का अधिकार नहीं था । समझौता प्रदर्श डब.15 एवं अन्य प्रस्तुत समझौते प्रार्थी पर बाध्यकारी नहीं है । अप्रार्थी पक्ष द्वारा अत्यंत वेतन विसंगतियां कर दी गयी है वरिष्ठों को कनिष्ठों से कम वेतन दिया जा रहा है व वेतनमान के साथ पदों को दर्शित नहीं किया गया है । स्किल्ड श्रमिकों को ग्रेड में नहीं लिया गया है जिसकी बार-बार मांग उठायी जाती रही है । प्रार्थी ने मौखिक तौर पर यह कई बार मांग उठायी । इन समस्त तथ्यों की पत्रावली पर प्रार्थी की ओर से साक्ष्य है तथा अप्रार्थी साक्षी द्वारा भी इससे स्पष्ट तौर पर नकारा नहीं गया है । प्रार्थी की मांगे नाजायज व अवैध हो, ऐसा कुछ भी अप्रार्थी की ओर से नहीं रखा गया है । अप्रार्थी पक्ष तो केवल प्रार्थी यूनियन के स्वरूप पर मिथ्या आरोप लगाता रहा है जो स्वीकार योग्य नहीं है । अप्रार्थी पक्ष द्वारा प्रार्थी यूनियन की मांग सं.2 स्वीकार कर ली गयी है । अतएव उसे प्रार्थी यूनियन प्रेस नहीं करती है । शेष मांगे वर्णित रेफरेंस प्रार्थी की जायज एवं वैधानिक है जिसे वस्तुतः अप्रार्थी द्वारा माना नहीं गया है। रेफरेंस विधि अनुसार है । समझौता अधिकारी के समक्ष भी समझौता वार्ता निष्फल रही है । प्रार्थी यूनियन व अप्रार्थी के मध्य रेफरेंस में संदर्भित मांग सं.1,3,15,16 के संबंध में विवाद वर्तमान है । यद्यपि अप्रार्थी कीे ओर से उक्त मांगे भी मान लिया जाना अपनी साक्ष्य में दर्ज करवाया गया है किंतु यह मांगे अप्रार्थी द्वारा तो न स्वीकार की गयी है न लागू की गयी है । अप्रार्थी द्वारा प्रस्तुत न्यायिक दृष्टांत हस्तगत प्रकरण पर चस्पा नहीं होते है । अंत में उनके द्वारा प्रार्थी की मांगे स्वीकार योग्य बताते हुए उन्हें4956 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] अप्रार्थी द्वारा नहीं माने जाना न्यायोचित व न्यायसंगत नहीं होना बताते हुए तदनुसार प्रार्थी का स्टेटमेंट ऑफ क्लेम स्वीकार करते हुए चाहा गया अनुतोष प्रदान करने की व उक्त निर्देश का उत्तर प्रार्थी के पक्ष में दिये जाने की प्रार्थना की गयी है ।

9. उक्त तर्कों का खंडन करते हुए विद्वान अधिवक्ता अप्रार्थी द्वारा अप्रार्थी के जवाब स्टेटमेंट ऑफ क्लेम के तथ्यों को दोहराया गया है तथा तर्क दिये गये है कि प्रार्थी यूनियन के बहुमत होने की साक्ष्य नहीं होने व अप्रार्थी से मान्यता प्राप्त नहीं होने के आधार पर प्रार्थी यूनियन को निर्देश में वर्णित मांगे उठाने का अधिकार नहीं है । प्रार्थी यूनियन से अप्रार्थी का कौनसा समझौता हुआ प्रार्थी की ओर से तर्कों में नहीें बताया गया है । रेफरेंस में वर्णित मांगों का मांग पत्र अप्रार्थी का कभी नहीं दिया गया इसकी साक्ष्य पत्रावली पर है । बिना मांग पत्र दिये तथा बिना मांग पत्र पर असहमत हुए हस्तगत विवाद औद्योगिक विवाद अधिनियम 1947 अनुसार औद्योगिक विवाद में नहीं आता है । वस्तुतः कोई औद्योगिक विवाद अस्तित्व में नहीं है कुछ व्यक्तियों द्वारा प्रार्थी यूनियन के माध्यम से अप्रार्थी को परेशान किये जाने के लिए झूठी व गलत कार्यवाही की गयी है । जबकि प्रार्थी यूनियन के साक्षी ही उनकी सभी मांगे पूरी हो जाना अपनी जिरह की साक्ष्य में मानते है तो फिर उक्त मांगों का नहीं माना जाना अभिनिर्धारित नहीें किया जा सकता । समझौता प्रदर्श डब.15 पर प्रार्थी यूनियन के रामलाल लोधा के हस्ताक्षर है जो सभी कर्मकारों पर बाध्यकारी है उक्त व अन्य समझाते को प्रार्थी यूनियन को फर्जी बताने का अधिकार नहीं है । मांगे समझौता अधिकारी के समक्ष रखने से पहले प्रार्थी यूनियन द्वारा जनरल बॉडी की कोई मीटिंग की गयी हो इसकी भी कोई साक्ष्य नहीं है । समझौता प्रदर्श एम-1,एम-3 व एम-5 ट्रि्‌पार्टटाईट समझौते है । जिन पर सहायक श्रम आयुक्त अजमेर के हस्ताक्षर है जो वैधानिक प्रभाव रखते है । समझौता प्रदर्श डब.15 (एम-7) रजिस्टर्ड भी हुआ है । जिसके पंजीयन को प्रार्थी की ओर से नकारा नहीं गया है । प्रार्थी यूनियन द्वारा रखी गयी मांगे अनावश्यक है तथा मांग सं.3 की पालना असंभव है क्योंकि अप्रार्थी द्वारा समझौते के अनुसार ग्रेड प्रणाली लागू की हुई है जिसमें अकुशल श्रमिक को भी योग्य होने पर ग्रेड दी जातीे है व दी गयी है। मांग सं.15 के श्रमिक घनश्याम पालीवाल ने त्यागपत्र दे दिया व प्यारा गुर्जर कार्य पर नहीं आ रहा है एवं माधो जाट ठेकेदार का श्रमिक है। इसकी पर्याप्त साक्ष्य स्वयं प्रार्थी साक्षियों की जिरह में है । ऐसे में उनके बारे में मांगे किया जाना अनावश्यक है । समस्त परिस्थितियों में प्रार्थी यूनियन का क्लेम खारिज किये जाने योग्य है । अंत में उनके द्वारा प्रार्थी यूनियन का क्लेम खारिज किये जाते हुए उक्त निर्देशित विवाद का उत्तर अप्रार्थी के पक्ष में दिये जाने की प्रार्थना की गयी है । उनके द्वारा अपने तर्कों के समर्थन में निम्नलिखित न्यायिक दृष्टांत पेश किये गये है :-

1. ए आई आर (39) 1952 पटना 210 मेंबर्स ऑफ दा सासामूसा वर्कर्स यूनियन बनाम स्टेट ऑफ बिहार व अन्य,

2. 2001 (3) ए आई एस एल आर 171 धर्मवीर बनाम स्टेट ऑफ एन सी टी ऑफ देहली व अन्य,

3. ए आई आर 1975 सुप्रीम कोर्ट 171 दी जाग्रखान कॉलिरीज प्रा0लि0 बनाम जी सी अग्रवाल पी ओ सेंट्र्‌ल गवर्नमेंट इंडस्ट्रि्‌यल ट्रि्‌ब्यूनल-कम- लेबर कोर्ट, जबलपुर व अन्य,

4. आई एल आर 2005 कर्नाटक 4163 दी प्रसीडेंट लेबर बनाम दी मैनेजमेंट ऑफ हिंदुस्तान 6.7.2005

10. उभयपक्षकारान्‌ की ओर से दिये गये तर्कों के मद्‌दे नजर तथा अप्रार्थी की ओर से प्रस्तुत न्यायिक दृष्टांतों के अभिमतों के दृष्टिगत संबंधित विधि को विचार में लेते हुए पत्रावली का भली-भांति परिशीलन किया गया ।

11. जहां तक प्रार्थी यूनियन के अल्पमत या बहुमत में होने का प्रश्न है, प्रार्थी यूनियन द्वारा अपने स्टेटमेंट ऑफ क्लेम में उक्त यूनियन में करीबन 240-250 सदस्य बताये गये है । ए डब.1 रामलाल लोधा सहित प्रार्थी साक्षियों द्वारा अपनी मुख्य परीक्षा में भी ऐसी ही साक्ष्य दी गयी है । जिरह की साक्ष्य में ए डब.1 रामलाल लोधा द्वारा यूनियन के चार सौ सदस्य बताये गये है । पत्रावली पर प्रार्थी की ओर से अपने सदस्यों की सूचियां भी पेश की गयी है यद्यपि उन्हें प्रदर्शित नहीं करवाया गया है । उक्त सदस्यों की सूचियाें में से प्रथम में नब्बे, द्वितीय में तियालीस, तृतीय में सित्यासी सदस्य दर्शित है । जो क्रमशः 2011 से 2013 एवं जनवरी 2012 एवं 2013 की है । अप्रार्थी की ओर से आये साक्षी डी डब.1 अमित कुलश्रेष्ठ द्वारा यद्यपि प्रार्थी यूनियन को अल्प मत वाली यूनियन होने की साक्ष्य दी गयी है किंतु यूनियन में कुल कितने सदस्य है वह अपनी साक्ष्य में नहीं बताता है । अप्रार्थी संस्थान में कुल कितने श्रमिक कार्य करते है ऐसा भी इस साक्षी की ओर से स्पष्ट नहीेंे किया गया है । अन्य यूनियन भारतीय खान मजदूर संघ एवं खान मजदूर कांग्रेस जिसे वह अपनी मुख्य परीक्षा में बहुमत वाली यूनियन बताता है में भी कुल कितने सदस्य है वह अपनी जिरह की साक्ष्य में स्पष्ट नहीं कर पाया है । साक्ष्य की उक्त परिस्थिति में यह नहीं माना जा सकता है कि प्रार्थी यूनियन अल्पमत वाली यूनियन हो । जहां तक प्रार्थी यूनियन के सदस्यों की दोहरी सदस्यता का प्रश्न है, इस संबंध में प्रार्थी साक्षी ए डब.2 माधू जाट, ए डब.3 गोपाल गुर्जर, ए डब.4 कैलाशचंद्र, ए डब.5 भैरू कलाल, ए डब.6 रणजीत सिंह ने अपनी अपनी जिरह की साक्ष्य में यह माना है कि वे पहले भारतीय मजदूर संघ यूनियन के सदस्य थे जिसका रजिस्ट्र्‌ेशन खारिज हो गया बाद में वे प्रार्थी यूनियन के सदस्य बन गये । पत्रावली पर भारतीय खान मजदूर संघ के पंजीयन रद्‌दीकरण का आदेश दि.9.7.10 प्रदर्श डब.11 मय संलग्नक प्रदर्श डब.12 के उपलब्ध है जिससे यह प्रकटII (ii) 4957 होता है कि भारतीय खान मजदूर संघ का पंजीयन उक्त दि.9.7.10 के आदेश द्वारा रद्‌द कर दिया गया । इस संबंध में अप्रार्थी पक्ष की ओर से कोई विरोधाभासी साक्ष्य भी नहीं है ऐसे में यह तथ्य सिद्ध होता है कि भारतीय खान मजदूर संघ का पंजीयन आदेश दि.9.7.10 प्रदर्श डब.11 से रद्‌द कर दिया गया इससे पूर्व उक्त प्रार्थी साक्षी इस भारतीय खान मजदूर संघ के सदस्य थे तथा बाद में वे प्रार्थी यूनियन के सदस्य बन गये । एक यूनियन का पंजीयन रद्‌द हो जाने पर दूसरे यूनियन की सदस्यता को ग्रहण करना दोहरी सदस्यता का मामला नहीं माना जा सकता है । प्रार्थी यूनियन द्वारा स्वयं को रजिस्टर्ड एवं भारतीय मजदूर संघ से संबंधित यूनियन होना अपने स्टेटमेंट ऑफ क्लेम में बताया गया है । जिस संबंध में अपने जवाब में अप्रार्थी कीे ओर से स्पष्ट इंकारी नहीं रही है तथा प्रार्थी यूनियन का अप्रार्थी की मान्यता प्राप्त नहीं होने का ही उज्र लिया गया है । पत्रावली पर प्रार्थी यूनियन की ओर से प्रदर्श डब.16 इकरारनामा दि.25.5.13 प्रार्थी यूनियन की ओर से प्रस्तुत किया गया है जो इकरारनामा अप्रार्थी पक्ष के सहायक महाप्रबंधक, प्रबंधक, कार्मिक कार्यकारी व प्रार्थी यूनियन एवं उसके ए डब.1 साक्षी रामलाल लोधा, महामंत्री व ए डब.5 भैरूकलाल एवं रामलाल कोषाध्यक्ष के मध्य होना प्रकट होता है जो निलंबित यूनियन प्रतिनिधि रामलाल लोधा, भैरूलाल व रामलाल जाट के खान क्षेत्र में प्रवेश नहीं करने व गेट पर हस्ताक्षर करने के संबंध में है इस इकरारनामे पर अप्रार्थी की ओर से सभी प्रार्थी साक्षियों से कोई जिरह नहीं की गयी है जिस कारण उक्त इकरारनामा अनक्रॉस्ड एवं अनकंट्र्‌ोर्वटेड प्रकट होता है जिससे इसे नहींं माने जाने का कोई कारण नहीें है जिसके मद्‌दे नजर अप्रार्थी की ओर से दिया गया यह तर्क माने जाने योग्य नहीं है कि प्रार्थी यूनियन को अपने आचरण से अप्रार्थी पक्ष द्वारा मान्यता नहीं दी गयी है । उक्त इकरानामा करके अप्रार्थी द्वारा प्रार्थी यूनियन को एक तरह से मान्यता ही दे दी गयी है । अप्रार्थी की ओर से प्रस्तुत न्यायिक दृष्टांत आई एल आर 2005 कर्नाटक 4163 दी प्रसीडेंट लेबर बनाम दी मैनेजमेंट ऑफ हिंदुस्तान में माननीय कर्नाटक उच्च न्यायालय द्वारा किसी संस्थान में कई श्रमिक यूनियन होने पर मान्यता प्राप्त यूनियन को बढावा दिये जाने का तथा ऐसी ही यूनियन के कर्मकारों की बारगेनिंग एजेंट होने का अभिमत दिया गया है जो प्रथम तो साक्ष्य के उक्त विवेचन के मद्‌दे नजर एवं द्वितीय उक्त न्यायिक दृष्टांत के मामले में याची यूनियन को औद्योगिक विवाद उठाने की सक्षमता के प्रश्न को भी निर्देशित किया गया था जो प्रश्न हस्तगत प्रकरण में निर्देशित नहीं किया गया। अतएव उक्त न्यायिक दृष्टांत अप्रार्थी पक्ष की कोई मदद नहीं करता है एवं यह नहीं माना जा सकता है कि प्रार्थी यूनियन को उक्त मांगे रखने व विवाद उठाने का अधिकार नहीं हो ।

12. जहां तक प्रार्थी यूनियन द्वारा उक्त मांगों के मांग पत्र को पूर्व में अप्रार्थी पक्ष को नहीं दिये जाने एवं मांगों को अप्रार्थी पक्ष को ज्ञापित किये या नहीं किये जाने का प्रश्न है, प्रार्थी यूनियन द्वारा अपने स्टेटमेंट ऑफ क्लेम में उक्त मांगों को मौखिक रूप से अप्रार्थी के समक्ष रखने का तथ्य दर्ज करवाया गया है तथा सभी प्रार्थी साक्षियों द्वारा ऐसी ही साक्ष्य अपनी अपनी मुख्य परीक्षा में दी गयी है किंतु उक्त संबंध में अप्रार्थी कीे ओर से सभी प्रार्थी साक्षियों से कोई विशेष जिरह नहीं की गयी है । अप्रार्थी साक्षी डी डब.1 अमित कुलश्रेष्ठ द्वारा अपनी मुख्य परीक्षा की साक्ष्य में प्रार्थी द्वारा उन्हें सोलह सूत्रीय मांग पत्र नहीं देना दर्ज करवाते हुए जिरह में यह मांग पत्र समझौता अधिकारी के समक्ष ही उनकी जानकारी में आना दर्ज करवाया गया है इस पर प्रार्थी की ओर से और कोई जिरह नहीें है ऐसे में विद्वान अधिवक्ता अप्रार्थी के यह तर्क तो माने जाने योग्य है कि उक्त सोलह सूत्रीय मांगों का लिखित ज्ञापन समझौता अधिकारी के समक्ष शिकायत किये जाने से पूर्व तो प्रार्थी यूनियन द्वारा अप्रार्थी को लिखित तौर पर नहीं दिया गया किंतु प्रार्थी साक्षियों की उक्त विवेचित साक्ष्य के मद्‌दे नजर इस तथ्य से इंकारी नहीं की जा सकती है कि उक्त मांगों का ज्ञान अप्रार्थी पक्ष को नहीं था एवं अप्रार्थी पक्ष उक्त मांगों से समझौता अधिकारी की कार्यवाही से पूर्व अनभिज्ञ था एवं पूर्व में मौखिक रूप से अप्रार्थी के समक्ष उक्त मांगे नहीं रखी गयी। वैसे भी उक्त निर्देश्ेिात मांगों के अलावा शेष मांगों का मान लिये जाने का तथ्य प्रार्थी यूनियन की ओर से रखा गया है जिसका अप्रार्थी की ओर से कोई खंडन नहीें है जो भी अप्रार्थी के विरूद्ध इस प्रकार जाता है कि प्रार्थी संस्थान को प्रार्थी यूनियन की उक्त मांगों की जानकारी समझौता अधिकारी की कार्यवाही से पूर्व थी । अप्रार्थी की ओर से प्रस्तुत न्यायिक दृष्टांत ए आई आर (39) 1952 पटना 210 मेंबर्स ऑफ दा सासामूसा वर्कर्स यूनियन बनाम स्टेट ऑफ बिहार व अन्य में माननीय पटना उच्च न्यायालय द्वारा प्रबंधन को मांगों का लिखित ज्ञापन नहीं दिये जाने व उस पर विचार का समुचित समय नहीं दिये जाने अथवा प्रबंधन को अन्यथा भी मागों की जानकारी नहीं होने पर निर्देशित विवाद को औद्योगिक विवाद अधिनियम की धारा 2 (के)े अनुसार औद्योगिक विवाद नहीं होना अभिनिर्धारित किया गया है । उक्त न्यायिक दृष्टांत के उक्त अभिमत के परिप्रेक्ष्य में हस्तगत प्रकरण पर विचार करने पर चूंकि अप्रार्थी पक्ष को समझौता अधिकारी की कार्यवाही से पूर्व प्रार्थी यूनियन की मांगों की जानकारी उक्त विवेचन के अनुसार थी । अतएव उक्त न्यायिक दृष्टांत अप्रार्थी पक्ष की कोई विशेष मदद नहीं करता है । अप्रार्थी पक्ष की ओर से प्रस्तुत न्यायिक दृष्टांत 2001 (3) ए आई एस एल आर 171 धर्मवीर बनाम स्टेट ऑफ एन सी टी ऑफ देहली व अन्य सेवामुक्ति के विवाद से संबंधित मामले का है जिसमें कर्मकार की सेवामुक्ति के बाद कई वर्षों तक उसकी ओर से कार्यवाही नहीं किये जाने पर औद्योगिक विवाद का अस्तित्व में नहीं होना माननीय दिल्ली उच्च न्यायालय द्वारा अभिनिर्धारित किया गया है जो तथ्य हस्तगत प्रकरण के नहीं है अतएव उक्त न्यायिक दृष्टांत भी अप्रार्थी की कोई विशेष मदद नहीं करता है । अप्रार्थी की ओर से प्रार्थी यूनियन द्वारा मांगों के संबंध में कोई पूर्व में बैठक कर उस पर विचार कर सकल्प पारित नहीं किये जाने का आधार भी लिया गया है और ऐसी कोई साक्ष्य पत्रावली पर प्रार्थी की ओर से नहीं है किंतु इस कारण मात्र से यह नहीं माना जा सकता है कि प्रार्थी यूनियन के सदस्य प्रार्थी यूनियन द्वारा की गयी कार्यवाही से सहमत नहीें हो, यदि कोई सदस्या या बहुमत4958 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] प्रार्थी यूनियन के विरोध में होता तो यह स्थिति अप्रार्थी न्यायालय के समक्ष ला सकता था जो अप्रार्थी लेकर के नहीं आया है ऐसे में भी उक्त तर्कों के आधार पर अप्रार्थी पक्ष को कोई फायदा नहीं दिया जा सकता है ।

13. अप्रार्थी संस्थान की ओर से पत्रावली पर कुल छः समझौता पत्र समायानुक्रम में प्रदर्श एम-4 दि.8.5.10 प्रदर्श एम-7 दि.2.6.10, प्रदर्श एम-3 दि.12.4.12, प्रदर्श एम-1 दि.28.6.12, प्रदर्श एम-5 दि.7.3.13 व प्रदर्श एम-6 दि.31.7.13 प्रस्तुत किये गये है । प्रदर्श एम-7 समझौता पत्र दि.2.6.10 को स्वयं प्रार्थी द्वारा भी प्रदर्श डब.15 के रूप में प्रस्तुत किया गया है । समझौता पत्र प्रदर्श एम-4 दि.8.5.10 व प्रदर्श एम-7 दि.2.6.10 को छोड़कर शेष समस्त समझौता पत्र भारतीय खान मजदूर संघ के पंजीयन रद्‌दीकरण के आदेश दि.9.7.10 प्रदर्श डब.11 के बाद के समझौता पत्र है तथा समझौता पत्र प्रदर्श एम-3 दि..12.4.12 प्रदर्श एम-1 दि.28.6.12 व प्रदर्श एम-5 दि.7.3.13 त्रिपक्षीय है जिन पर अमरीश शर्मा समझौता अधिकारी के भी हस्ताक्षर है । जिनके मद्‌दे नजर यह माने जाने योग्य है कि उक्त समझौता उक्त समझौता अधिकारी द्वारा समझौता वार्ता के दौरान करवाये गये है । प्रदर्श एम-1,3 व 5 तीनों समझौते खान मजदूर कांग्रेस की ओर से है । शेष समझौते उक्त समझौता उक्त समझौता अधिकारी द्वारा कराये गये है प्रतीत नहीं होते है । अप्रार्थी कीे ओर से प्रस्तुत न्यायिक दृष्टांत ए आई आर 1975 सुप्रीम कोर्ट 171 दी जाग्रखान कॉलिरीज प्रा0लि0 बनाम जी सी अग्रवाल पी ओ सेंट्र्‌ल गवर्नमेंट इंडस्ट्रि्‌यल ट्रि्‌ब्यूनल-कम- लेबर कोर्ट, जबलपुर व अन्य में माननीय सर्वोच्च न्यायालय द्वारा समझौता कार्यवाही के दौरान हुए समझौते संस्थान के समस्त कर्मचारों एवं प्रबंधन पर लागू होना एवं अन्य समझौता पक्षकारों पर लागू होने का अभिमत दिया गया है । उक्त न्यायिक दृष्टांत के उक्त अभिमत के मद्‌दे नजर समझौता पत्र प्रदर्श एम-1,3,5 का प्रबंधन एवं समस्त कर्मचारियों पर लागू होना तथा शेष समझौतों का उसके पक्षकारों पर लागू होना माने जाने योग्य है । यद्यपि प्रार्थी यूनियन की ओर से भारतीय खान मजदूर संघ के र्‌द्‌दीकरण के आदेश दि.9.7.10 प्रदर्श डब.11 के पश्चात्‌ के समझौते उक्त यूनियन के पंजीयन के अभाव में एवं दबाव में फर्जी यूनियन द्वारा फर्जी तरीके से किये जाने के आरोप अपने अभिवचनों व साक्ष्य में व तर्कों में लगाये गये है किंतु ऐसे किसी दबाव व धोखे एवं फर्जकारी की कोई साक्ष्य पत्रावली पर स्पष्ट तौर पर नहीें है तथा पंजीयन रद्‌दीकरण हो जाने मात्र के आधार पर उक्त समझौतों को नहीें माना जाय ऐसी कोई विधि भी प्रार्थी की ओर से हमारे समक्ष उद्धरित नहीं की गयी है ऐसे में उक्त आधारों पर उक्त समझौते को नहीं माना जावे यह तर्क विद्वान अधिवक्ता प्रार्थी का माने जाने योग्य नहीं है । समझौता पत्र प्रदर्श एम-7 (प्रदर्श डब.15) के संबंध में विद्वान अधिवक्ता अप्रार्थी के यह तर्क माने जाने योग्य है कि उक्त प्रदर्श एम-7 समझौता पत्र दि.2.6.10 पर ए डब.1 रामलाल लोधा महामंत्री प्रार्थी यूनियन एवं प्रार्थी साक्षी ए डब.5 भैरू कलाल के हस्ताक्षर है । जिस कारण प्रार्थी यूनियन उक्त समझौते से परोक्ष तौर पर विबंधित है ।

14. प्रार्थी कीे ओर से बहस के दौरान मांग पत्र प्रदर्श डब.10 की मांग सं.2 का पूरा हो जाना अभिव्यक्त किया गया है जिसका किसी प्रकार से खंडन अप्रार्थी कीे ओर से नहीं किया गया है । उक्त मांग पूरा हो जाने पर प्रार्थी की ओर से उक्त मांग प्रेस नहीं की गयी है । अतएव इस पर विचार की आवश्यकता नहीं रह जाती ।

15. सभी प्रार्थी साक्षियों द्वारा अपनी मुख्य परीक्षा की साक्ष्य में उक्त निर्देशित मांगों का पूरा नहीं होना दर्ज करवाया गया है । अंत में जिरह की साक्ष्य में ए डब.2 लगायत ए डब.6 प्रार्थी साक्षियों द्वारा इस तथ्य को सही बताया गया है कि हमारे सभी मांगे पूरी हो चुकी है और हमारी बकाया मांगे नहीें है जिसको आधार बनाते हुए विद्वान अधिवक्ता अप्रार्थी के तर्क रहे है कि जब प्रार्थी की सभी मागे पूरी हो जाना उक्त सभी प्रार्थी साक्षी मानते है तो फिर अब उक्त संबंध में और कोई विवाद शेष नहीं रहता है तथा उक्त मांगों की पूर्ति नहीं हो जाना अभिनिर्धारित नहीें किया जा सकता है । किंतु हमारे विनम्र मत में उक्त सुझाव उक्त प्रार्थी साक्षी ए डब.2 लगायत ए डब.6 को अप्रार्थी कीे ओर से प्रदर्श डब.15 समझौता होने बाबत्‌ साक्ष्य के तुरंत बाद में दिया गया है जिस कारण यह सुझाव प्रदर्श डब.15 समझौता से ही संबंधित माना जा सकता है न कि निर्देशित मांगों के संबंध में और फिर सभी प्रार्थी साक्षीयों द्वारा इससे पूर्व उक्त निर्देशित मांगों की पूर्ति नहीं होने के बारे में स्पष्ट साक्ष्य दी गयी है जिसकी उपेक्षा नहीं की जा सकतीे है अतएव उक्त तर्कों के आधार पर अप्रार्थी पक्ष को उक्त निर्देशित मांगों की पूर्ति हो जाना मानते हुए केाई फायदा नहीं दिया जा सकता है तथा यह नहीं माना जा सकता है कि पक्षकारों में अब कोई विवाद शेष नहीं रहा है ।

16. उभयपक्षकारान्‌ की मध्य जो साक्ष्य आयी है उससे यह प्रकट होता है कि प्रार्थी संस्थान में अकुशल, अर्द्धकुशल व कुशल कर्मकारों की श्रेणियां भी बनायी गयी है एवं ग्रेड सिस्टम भी बनाकर वेतनमान दिया जा रहा है क्योंकि सभी प्रार्थी साक्षियों ने अप्रार्थी की ओर से जिरह में उनको दिये गये सुझाव में यह माना है कि कर्मचारी जैसा काम कर रहे है उसके अनुसार उसे वैसा वेतन मिल रहा है अर्थात्‌ स्किल्ड को स्किल्ड का व सेमीस्किल्ड को सेमी स्किल्ड का । अप्रार्थी साक्षी डी डब.1 अमित कुलश्रेष्ठ द्वारा अपनी मुख्य परीक्षा में श्रमिकों चाहे किसी भी श्रेणी के हो उन्हें ग्रेड में पदोन्नति दिये जाने एवं कुछ वर्षों पश्चात्‌ ग्रेड का लाभ दिये जाने के तथ्य दर्ज करवाये गये है । इससे यही तात्पर्य निकलता है कि अकुशल, अर्द्धकुशल व कुशल श्रेणियों के कर्मकारों के रखे जाने के साथ-साथ कुशल कर्मकारो को कुछ वर्षों पश्चात्‌ ग्रेड दिया जाता है । कुछ वर्ष कितने है यह उक्त साक्षी की साक्ष्य से स्पष्ट नहीं है । समझौता प्रदर्श एम-1 आकस्मिक कर्मकारों के ंसंबंध में है तथा समझौता प्रदर्श एम-3 श्रमिक प्यारेलाल के संबंध है जो हस्तगत प्रकरण से कोई विशेष संबंध नहीं रखते है । समझौता पत्र प्रदर्श एम-4 जो कि भारतीय खान मजदूर संघ एवं कुछII (ii) 4959 कर्मकारों एवं अप्रार्थी संस्थान के मध्य दि.8.5.2010 को निष्पादित हुआ है के मद नं.3 में ग्रेड वाले कर्मचारियों को स्किल्ड के वर्तमान न्यूनतम वेतन से कम वेतन नहीं दिया जाना एवं केंद्र सरकार द्वारा समय-समय पर स्किल्ड श्रेणी के महंगाई भत्ते को दिया जाना तय पाया गया है । पूर्व में किये गये विवेचनानुसार उक्त समझौता अप्रार्थी प्रबंधन सहित उक्त समझौते के पक्षकारों पर बाध्यकारी है क्योंकि यह समझौता वार्ता के दौरान का समझौता नहीें है । प्रदर्श एम-7 (प्रदर्श डब.15) समझौता पत्र दि.2.6.10 जो कि उक्त विवेचनानुसार प्रार्थी यूनियन एवं अप्रार्थी संस्थान दोनों पर बाध्यकारी है के भी मद नं.4 में उक्त विवेचित समझौता पत्र प्रदर्श एम-4 की ही उक्त विवेचित शर्त वर्णित है तथा साथ में मद नं.6 में यह भी वर्णित है कि श्रमिक पक्ष इस समझौते के बाद केंद्र सरकार द्वारा घोषित स्किल्ड सेमी स्किल्ड, अनस्किल्ड की श्रेणी को कर्मचारियों के लिए भविष्य में लागू करने की कोई मांग नहीं उठायेगा तथा मद सं.10 में यह भी वर्णित है कि घेवरिया माइंस पर मैकेनिकल विभाग में कार्यरत स्किल्ड कर्मचारियों को ग्रेड में लेने के संबंध में दो माह बाद चर्चा कर ली जावेगी जिससे यह प्रकट होता है कि उक्त समझौते के माध्यम से श्रेणी खत्म करते हुए स्किल्ड श्रेणी के कर्मचारियों को ग्रेड में लेने की चर्चा करना तय पाया गया किंतु पूर्व में विवेचित अनुसार उक्त श्रेणियां अकुलशल, अर्द्धकुशल व कुशल श्रमिक की अप्रार्थी संस्थान में अब भी विद्यमान है । प्रदर्श एम-5 समझौता पत्र दि. 7.3.13 त्रिपक्षीय जो समझौता अधिकारी के समक्ष हुआ है जिससे अप्रार्थी प्रबंधन व प्रार्थी यूनियन के सदस्यों सहित समस्त कर्मकार उक्त विवेचनानुसार पाबंद है के मद सं.5 की शर्त सं.5 में यह वर्णित है कि प्रबंधन जो कर्मचारी कंसोलिडेटेड वेतन कीे बजाए ग्रेड पद्धति में वेतन पाना चाहता है द्वारा उन्हें दि.31.3.13 तक आवेदन दिये जावेंगे तथा मद सं.7 अनुसार ग्रेड भी निर्धारित की गयी है । प्रदर्श एम-6 समझौता पत्र दि.31.7.13 के मद सं.1 के श्रमिकों की समान कार्य के लिये समान वेतन एवं वेतन विसंगतियों को दूर करने की मांग के सर्वप्रथम कार्य के अनुसार पद निर्धारित करने के उपरांत तदनुसार ग्रेड में पद निर्धारित किया जाना एवं मद नं.7 में अप्रैल 2007 अथवा पांच वर्ष से जो श्रमिक स्थाई कर्मचारी रहते हुए अर्द्धकुशल या कुशल श्रेणी का वेतन प्राप्त कर रहे थे/है को अर्द्धकुशल से कुशल एवं कुशल से ग्रेड की श्रेणी दि. 1.7.13 से दिये जाने पर सहमति प्रबंधन द्वारा दी गयी है जिस समझौते से अप्रार्थी उक्त विवेचनानुसार पाबंद है ।

17. उक्त समझौतो के दृष्टिगत प्रार्थी यूनियन की मांगों पर विचार करने पर मांग सं.1 जो कि श्रमिक गोपाल कर्मचारी सहित सावल ऑपरेटर को समान कार्य के लिए समान वेतन दिये जाने व पूर्व के वेतन से कम वेतन नहीं दिये जाने से संबंधित है जायज एवं वैधानिक ठहराये जाने योग्य है क्योंकि समान कार्य के लिए समान वेतन पाना भारतीय संविधान के अनुच्छेद 14 में अंतर्निहित समता के अधिकार के अनुसार श्रमिकों का मूल अधिकार है तथा समान कार्य हेतु समान वेतन दिये जाने व पूर्व वेतन से कम ग्रेड नहीं दिये जाने के संबंध में उक्त प्रकार समझौते भी है । मांग सं.3 में प्रार्थी यूनियन द्वारा वेतनमान के समक्ष पद अंकित किये जाने की मांग की गयी है । प्रार्थी यूनियन की ओर से तर्क रहा है कि इस कारण से भ्रम पैदा होता है जो वास्तविक प्रकट होता है । अप्रार्थी की ओर से उक्त मांग पर कार्यवाही असंभव होना बताया गया है जो माने जाने योग्य नहीें है क्योंकि उक्त विवेचनानुसार प्रदर्श एम-6 समझौता पत्र में स्वयं अप्रार्थी द्वारा उसके मद नं.1 में समान कार्य के लिए समान वेतन एवं वेतन विसंगतियों को दूर करने की मांग को विचार में लेकर कार्य अनुसार पद एवं ग्रेड में पद निर्धारित किया जाना तय पाया गया है । जिस समझौते से अप्रार्थी प्रबंधन बाध्य है । यदि प्रार्थी की ओर से दिये गये तर्कानुसार ग्रेड के समक्ष पद अंकित नहीें किये जाने के कारण भ्रम एवं वेतन विसंगतियां नहीें होतीे तथा अप्रार्थी की ओर से दिये गये तर्कानुसार यह असंभव होता तो अप्रार्थी प्रबंधन उक्त शर्त को उक्त समझौते में नहीें तय पाता । ऐसी परिस्थिति में प्रार्थी यूनियन की मांग सं.3 भी जायज एवं वैधानिक माने जाने योग्य है। जहां तक मांग सं.15 का प्रश्न है यह प्रार्थी साक्षियों का स्वीकृत तथ्य है कि घनश्याम पालीवाल त्यागपत्र दे चुका है तथा प्यारा गुर्जर किसी फौजदारी केस में निरूद्ध होने के कारण कार्य नहीं कर रहा है तथा माधू जाट ठेकेदार का श्रमिक है । शेष श्रमिक प्रवीण शर्मा, रामकुमार गुर्जर, काना गुर्जर, नटवर सुवालका जो कि माइंस पर काम कर रहे है को स्किल्ड मान कर स्थाई किये जाने की मांग भी प्रार्थी यूनियन की जायज एवं वैधनिक प्रतीत होतीे है क्योंकि इस मांग के विरूद्ध अप्रार्थी की ओर से कोई ऐसे तथ्य नहीं रखे गये है जिनके कारण उक्त मांग को अवैधानिक व नाजायज माना जा सके । मांग सं.16 जिसमें कि घोवरिया माइंस में एच. एम. ऑपरेटर का कार्य करने वाले सभी श्रमिकों को समान वेतन दिये जाने की मांग रखी गयी है भी उक्त समान कार्य के लिए समान वेतन के सिद्धांत तहत वैधानिक एवं उक्त समझौतों के अनुरूप है । वैसे भी अप्रार्थी साक्षी डी डब.1 अमित कुलश्रेष्ठ द्वारा अपनी मुख्य परीक्षा की साक्ष्य के शपथ पत्र के मद सं.13 में उक्त पांचों मांगों को मानना दर्ज करवाया गया है जिससे यही तात्पर्य निकलता है कि उक्त मांगे माने जाने योग्य है तथा जिसको मानने में प्रबंधन को केाई एतराज नहीं रहा है ।

18. फलस्वरूप प्रार्थी का स्टेटमेंट ऑफ क्लेम उक्तानुसार स्वीकार किये जाते हुए उक्त विवाद का उत्तर उक्तानुसार ही दिया जाना न्यायसंगत है।

आदेश

19. अतः एतद्‌द्वारा प्रार्थी का स्टेटमेंट ऑफ क्लेम उपरोक्तानुसार स्वीकार किया जाकर उक्त निर्देशित विवाद का उत्तर इस प्रकार से दिया जाता है कि प्रबंधन उदयपुर मिनरल सिंडीकेट प्राईवेट लिमिटेड भीलवाडा के द्वारा खनिज4960 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] धातु मजदूर संघ की मांग सं. 1, 3, 15, 16 को नहीं मानना उपरोक्तानुसार न्यायोचित तथा न्यायसंगत नहीं है तथा मांग सं.2 के पूरी हो जाने के कारण प्रार्थी यूनियन द्वारा उसे प्रेस नहीं किया गया है । फलस्वरूप अप्रार्थी संस्थान से उसके मौजूदा कर्मकार उक्त मांग पत्र की मांग सं. 1, 3, 15 व 16 लागू करवा उनके अनुसार परिणामिक परिलाभ प्राप्ति के अधिकारी है ।

एस. एन. टेलर, न्यायाधीश —

[

II ] New Delhi, the 8th August, 2017

S.O. 1859.—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-cum- Labour Court, Ernakulam, Cochin as shown in the Annexure in the Industrial Dispute between the management of Union Bank of India and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/50/2010-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

ERNAKULAM

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

(Thursday the 15th day of June, 2017/25th Jyaistha, 1939)

ID 28/2010

Workman : Shri Manoj V,

S/o.Shri Velayudhan, Mattukkad House, Copalmannam PO, Palghat – 678702.

By M/s. H. B. Shenoy Associates

Management : The Deputy General Manager,

Union Bank of India, Nodal Regional Office, Ernakulam

By Adv. Shri. K. S. Ajayagosh

This case coming up for final hearing on 17.05.2017 and this Tribunal-cum-Labour Court on 15.06.2017 passed the following:

AWARD

This is a reference under sub-section (1)(d) and (2A) of Section 10 of the Industrial Disputes Act, 1947 (Act 14 of 1947).

2. The dispute referred for adjudication before this Tribunal is:

"Whether the action of the management of Union Bank of India in not considering the candidature of

Shri Manoj for regular appointment and the subsequent action in terminating him from its services

without adhering to the provisions of the ID Act is fair and justifiable? What relief the workman is

entitled to?"

II (ii) 4961

3. After receipt of the reference Order No.L-12012/50/2010-IR(B-II) dated 07.10.2010, issued by the Ministry of Labour, Government of India, summons was issued to the parties to appear, submit pleadings and produce documents to substantiate their respective contentions. On receipt of the summons, the parties entered appearance througha counsel and submitted their pleadings.

4. The contentions in the claim statement filed by the workman in brief are as follows:

The workman – Shri. Manoj. V was employed as part-time sweeper at the Coyalmannam branch of the management bank ever since August, 1997. The workman was employed continuously and without any break in service from August, 1997. He was required to discharge the duties of regular and permanent peon and that of the part- time sweeper. At times he had discharged the duties of regular and permanent clerk. He was engaged against the regular and permanent vacancy of part-time sweeper. The management had not extended any privileges or benefits of a permanent part-time sweeper to the workman nor did they pay any benefits to the workman for his employment as a peon and a clerk. The management has allowed only the benefits and privileges much below the salary of a permanent part-time sweeper. They have not paid any remuneration to the workman for the services rendered by him as peon and as a clerk, stating that his services are not regularized. The management has not initiated any action to regularize the workman in service even after repeated requests made by him and the union.

5. The Manager of the Coyalmannam branch of the management bank orally terminated the services of the workman on 27.11.2005. The termination of his services by the management amounts to retrenchment. The management has not issued any notice or pay in lieu of notice preceding the retrenchment of the workman from service. The action of the management is illegal, unjust and unsustainable in law. It is clear violation of Paragraphs 522, 523 and 524 of the Sastry Award governing the workman and the management. Apart from this the persons employed much later to that of the workman are retained by the management in their service. The said action of the management is clear violation of Section 25G of the Industrial Disputes Act, 1947 and Paragraph 507 of the Sastry Award. Immediately after retrenching the workman, the management has appointed fresh hands in the place where the workman was employed. The said action by the management is clear violation of Section 25H of the Industrial Disputes Act, 1947 and Clause 20.12 of the First Bipartite Settlement dated 19.10.1966 and Paragraph 493 of the Sastry Award.

6. Despite the fact that the workman was engaged by the management against the permanent vacancy, all along, they were treating him as a temporary workman so as to deprive him of the status and privileges of a permanent workman. The management was in the habit of appointing temporary workman against regular and permanent vacancies so as to deprive the requests of those who are employed under them. The action of the management is clear violation of the statutory provisions and the terms and conditions in the Bipartite Settlement. It amounts to 'unfair labour practice' and it is prohibited under Section 25T of the Industrial Disputes Act, 1947 and it is violative of Clauses 20.7 and 20.8 of the First Bipartite Settlement and under Paragraphs 495 and 522 of the Sastry Award.

7. In fact the workman is not a temporary or casual workman. He is entitled to be regularized in service with effect from August, 1997. The action of the management in not regularizing the workman is clear violation of the statutory rules, regulations and various Clauses in the Bipartite Settlement and Paragraphs in the Sastry Award. The management has no right to terminate or discontinue the services of the workman at their whims and fancy. The continuance of the workman as "temporary or casual" by the management amounts to 'unfair labour practice' within the meaning of Section 2(ra) of the Industrial Disputes Act, 1947. So also it is clear violation of the instructions as per the Approach Papers issued by the Government of India, Ministry of Finance, New Delhi. Ever since the date of denial of employment by the management, the workman is unemployed and he is not having any source of income to meet his livelihood.

8. Therefore the workman has requested to pass an award:

(a) declaring that the action of the management of the Union Bank of India, in not considering the candidature of the workman Shri. Manoj for regular appointment and the subsequent action in terminating his services without following the provisions of the Industrial Disputes Act, 1947 as unjust and unfair and

(b) to declare that the workman Shri. Manoj is entitled to be reinstated in the services of the management – Union Bank of India as a permanent part time sweeper in their services with effect from August, 1997 and to pay full back wages; continuity of services and all other attendant benefits and to regularize him in their service and such other relief as this Tribunal may deem fit in the facts and circumstances of the case.

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

The management has denied all the averments in the claim statement except those that are specifically admitted. There is non-application of mind in framing the terms of reference and hence this reference is bad in law and not4962 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] maintainable. Shri. Manoj was never engaged by the management bank for doing any regular work. He was not a workman as defined under the Industrial Disputes Act. The management is a nationalized bank and a Government of India undertaking. It has to follow the policy and procedure for recruitment as also the directions issued by the Government of India from time to time for recruitment. The bank is bound to notify the vacancies as per the provisions of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 for obtaining a list of sponsored candidates. Thereafter the bank has to follow the recruitment procedure, abide by the reservation norms and all other requirements as per the procedure.

10. Shri. V. Manoj is not a 'workman' as defined under the Industrial Disputes Act, 1947 and there is no 'industrial dispute' to be adjudicated as per this reference. The management has called upon the workman to prove all the averments in the claim statement. The contention of the workman that ever since August, 1997, he was employed continuously without any break in service and he was required to discharge the duties of a regular and permanent part- time sweeper and that of a regular and permanent peon and at times he was discharging the duties of a permanent clerk, is absolutely false and incorrect. He was never employed against any regular or permanent or sanctioned post. He is not entitled to get the service benefits of a regular staff. There was no appointment or termination of his service. So also there was no retrenchment of his service. He is not entitled to get any notice or pay in lieu of notice or compensation as envisaged under Section 25F of the Industrial Disputes Act, 1947. There was no violation of any of the provision in Paragraphs 493, 495, 507, 522, 523 and 524 of the Sastry Award or Section 25H of the Industrial Disputes Act, 1947. So also there is no violation of any of the Clauses in the First Bipartite Settlement. There was no unfair labour practice by the management.

11. The contention of the workman that he is entitled to protection as per the Clauses in the First Bipartite Settlement dated 19.10.1966 and also as per the Approach Paper and instructions issued by the Government of India, Ministry of Finance, is absolutely false. The contention of the workman that he had more than eight years of continuous service in the management bank is also false.

12. Shri. V. Manoj was never appointed/recruited by the management bank througha a regular recruitment process in a sanctioned post by an authority competent to make such an appointment. Further in the beginning of August, 1997 he was only a school going student. His parents were running a tea shop by the side of the Coyalmannam branch of the bank. They used to supply tea and meals to the bank employees and as a result he used to visit the branch.

13. He was never engaged to do any regular work in the bank. The contention that he was engaged as temporary workman against the permanent vacancy in order to deprive his status and privileges, is absolutely false. In the absence of the regular part-time employee/sweeper, the then Manager used to engage Shri. V. Manoj for doing the miscellaneous work as and when exigencies warranted.

14. The contention of the workman that the management committed unfair labour practice in order to deprive his legitimate right, is absolutely false. The contention of the workman that the management violated Clause 20.12 of the First Bipartite Settlement dated 19.10.1966, is false and incorrect. The terms and conditions in the Settlement mentioned above are not applicable to the workman involved in this case.

15. The procedure for recruitment in a Government undertaking like the management bank is in accordance with the recruitment procedure. There was no retrenchment or a denial of employment to the workman as contended by him. The law on this aspect is settled by the Hon'ble Supreme Court in the decision reported in the Secretary, State of Karnataka and Others Vs. Uma Devi and Others. The contention of the workman that he is unemployed and without any income is absolutely false. He is now gainfully employed. The management has requested to uphold their contentions and reject the claim of the workman.

16. After filing written statement by the management the workman filed replication reiterating the contentions in the claim statement. He has requested to uphold his contentions and pass an award in accordance with his claim.

17. After affording sufficient opportunity to both the parties to take steps and for production of documents, the matter was posted for evidence. The workman tendered evidence as WW1. On behalf of the management MW1 was examined. No documents were marked on either side. Heard both sides.

18. The points arising for consideration are:

"(i) Whether the workman Shri. V. Manoj was employed/ engaged as a part-time sweeper in the

services of the management bank at their Coyalmannam branch? If so, is he entitled to continue as

a regular and permanent part-time sweeper in the management bank?

(ii) Whether the workman Shri. V. Manoj was continuously employed/engaged as a part-time sweeper

from August, 1997 in the Coyalmannam branch of the management bank? If so, is he entitled to

get permanency in service in the management bank?

II (ii) 4963

(iii) Whether the workman is entitled to get regular appointment as part-time sweeper in the

management bank?"

19. Point Nos.(i) to (iii) : The workman involved in this reference Shri. V. Manoj has stated that ever since August, 1997 he was employed as a part-time sweeper in the services of the management bank at their Coyalmannam branch. He would further state that ever since August, 1997 he was discharging the duties as a regular and permanent part-time sweeper and also the duties of a permanent peon and at times he used to do the duties of a permanent clerk. He has stated that even thougha he was discharging the duties as aforesaid, the management failed to pay suitable remuneration for the work done by him as a peon and as a clerk. The workman has stated that while he was employed as aforesaid, on 27.11.2005, the Manager of the Coyalmannam branch of the management bank orally terminated his services and directed him not to enter inside the branch. It is stated that the termination of his service by the management amounts to retrenchment. He has stated that the management has not followed the rules and procedure before retrenching him from service. According to the workman the action of the management amounts to violation of Section 25F of the Industrial Disputes Act, 1947.

20. The workman has stated that the management has violated the stipulations in Paragraphs 493, 495, 507, 522 and 523 of the Sastry Award. It is stated that their action is clear violation of Clauses 20.07 and 20.8 of the First Bipartite Settlement. The workman has stated that the action of the management amounts to unfair labour practice. The workman has stated that he was employed against a regular and permanent vacancy. He has stated that he was continuously and without any interruption employed as such right from August, 1997 and hence he will come under the purview of permanent workman specified in the All India Awards and Bipartite Settlements prevalent in the banking industry. According to him he cannot be treated as a "temporary or casual" for the reason that he was employed continuously against the permanent vacancy of a part-time sweeper. Therefore the workman has requested to declare that the action of the management of the Union Bank of India in not considering his candidature for regular appointment and the subsequent action of terminating his services without following the procedure and provisions of the Industrial Disputes Act, 1947, as unfair; unjust and further to declare that he is entitled to be reinstated in the services of the Union Bank of India as a permanent part-time sweeper in the regular services and to pay all other attendant benefits as a permanent part-time sweeper with effect from August, 1997 and to grant such other relief incidental thereto.

21. The management has disputed the claim of the workman. They have stated that Shri. V. Manoj was never appointed by the management bank nor engaged by the bank for doing any regular work. He is not a "workman" as defined under the Industrial Disputes Act, 1947. The management is a nationalized bank and a Government of India undertaking. It has to follow the policy and procedure for recruitment as also the directions issued by the Government of India from time to time for recruitment. The management is bound to notify the vacancies in accordance with the provisions of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959, for the purpose of obtaining a list of candidates sponsored. Thereafter the bank has to follow the procedure for recruitment, abide by the reservation norms and all the procedures in accordance with the notification and guidelines issued by the Government of India from time to time in this behalf.

22. The management has called upon the workman to prove all the averments in the claim statement. The contention of the workman that ever since August, 1997, he was employed continuously and without any break in the services of the bank and he was required to discharge the duties as a regular and permanent part-time sweeper and also the duties of a permanent peon and at times he was discharging the duties of a permanent clerk etc., are denied by the management. They have stated that he was never employed/ engaged against any regular/permanent or sanctioned post. The contention that the management has violated the provisions of the Industrial Disputes Act, the stipulations in the Sastry Award and various Clauses in the First Bipartite Settlement, is denied by the management bank. The contention of the workman that ever since August, 1997 he was employed in the bank, is denied by them. It is stated that in the beginning of August, 1997 the workman was only a school boy. It is stated that his parents were running a petty tea shop near the Coyalmannam branch of the management bank. He used to supply tea and meals to the bank officials, for which he used to visit the branch. In the absence of the regular part-time sweeper, the then bank Manager used to engage Shri. V. Manoj for doing the cleaning work of the branch. Occasionally he was doing the work of loading and unloading of material shifted in and out of the branch. For doing such miscellaneous work the branch Managers used to pay amount to Shri. V. Manoj. It was not on the basis of any regular and permanent engagement to any sanctioned post or claiming permanency in employment. His services were utilized as and when exigencies warranted. The management has called upon the workman to prove his appointment as a permanent part-time sweeper against any sanctioned post.

23. While examined as WW1, the workman has stated that from the year 1994, his father was running a petty tea shop near the management bank. During that time he used to assist his father for supplying tea and snacks to the bank staff. He has further stated that from August, 1997 to November, 2005 he was employed as a part-time sweeper in the Union Bank of India. He would further state that the then Manager Shri. M. K. Sahadevan appointed him in the bank.

4964 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

He has stated that there is no document evidencing his appointment as part-time sweeper in the management bank. The workman has stated that as and when the regular employee was on leave he was engaged on casual or temporary basis by the management. He has admitted that the Manager of the Union Bank of India has no authority to appoint part-time sweeper in the bank.

24. While examined as MW1, the clerk who was working in the bank at the relevant time has stated that the parents of the workman were running a petty tea shop near the side of the Coyalmannam branch of the management bank. They used to supply tea and meals to the bank staff. She would further state that in the absence of regular sweeper, the then Manager used to engage the workman for doing the cleaning work of the branch, for which amount was paid to him. MW1 has stated that in fact the workman was assisting his father in their tea shop.

25. In the decision reported in the Regional Manager, State Bank of India Vs. Mahatma Mishra in Civil Appeal No.4636 of 2006, Judgment dated 01.11.2006, the Hon'ble Supreme Court of India has held that "If appointment is made without following the Rules, the same being a nullity the question of confirmation of an employee upon the expiry of the purported period of probation would not arise". In view of the dictum laid down in the decision above and also in view of the decision reported in The Secretary, State of Karnataka and Others Vs. Umadevi and Others, 2006 (4) SSC Page 1; the workman involved in this reference has no legal right to claim permanency in service under the management bank.

26. Even thougha the workman has stated that he was employed continuously and permanently as a part-time sweeper right from August, 1997 in the management bank, there is no evidence to substantiate the same. The management has totally denied the claim of the workman as an employee under them. They have called upon the workman to prove all the averments in the claim statement. On an evaluation of the evidence tendered by WW1 on the one hand and MW1 on the other it is clear that the workman was not engaged against any regular or permanent vacancy in the management bank. In such circumstance the workman is not entitled to get the relief as requested by him. Therefore the points for consideration are answered against the workman.

27. In the result an award is passed holding that the workman is not entitled to any relief as per this reference.

The Award will come into force one month after its publication in the Official Gazette.

Pronounced by me in the Open Court on this the 15th day of June, 2017.

SASIDHARAN K., Presiding Officer

APPENDIX

Witness for the workman

WW1 13.05.2016 Shri. Manoj. V.

Witness for the management

MW1 14.02.2017 Smt. Saira Bhanu. A.

Exhibit for the workman NIL

Exhibit for the management NIL

—

[

II ] New Delhi, the 8th August, 2017

S.O. 1860.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 134/2007) of the Central Government Industrial Tribunal-cum- Labour Court, Bangalore as shown in the Annexure in the Industrial Dispute between the management of Syndicate Bank and their workmen, received by the Central Government on 08.08.2017.

[No. L-12011/70/2007-IR (B-II)]

RAVI KUMAR, Desk OfficerII (ii) 4965

ANNEXURE

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

BANGALORE

DATED : 12TH JUNE 2017

PRESENT : SHRI V. S. RAVI, Presiding Officer

C. R. NO. 134/2007

I Party

II Party

The Assistant General Manager, Syndicate Bank,

Sh. S.D Thammaiah, S/o Sannadurgappa, Milagatta II Cross, Bovi Colony, Head Office, Durgammanakeri, Manipal - 576104 Shimoga – 577201

(Represented by M/s Ramesh

Represented by : General Secretary, Mr. Rama Rao, Upadhyaya, Advocate) Dharwad District Bank Employees Association No.9, Corporation Bld, Broadway, Hubli – 580020

AWARD

1. The Central Government vide Order No.L-12011/70/2007-IR(B-II) dated 18.09.2007 in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made this reference for adjudication with following Schedule :

SCHEDULE

"Whether the order of compulsory retirement from service imposed on Shri. S.D. Thammaiah by the

management of Syndicate Bank is legal and justified? If not, to what relief the workman is entitled?"

2. Brief details mentioned in the claim statement are as follows:-

i) The I Party states that, on 11.04.1986, I Party joined the service of the II Party Management at its Shikaripura Branch and has served with the bank sincerely, honestly, deligently and continuously. Employee No. of I Party is 463645 and he has lastly worked in Tumari, Dist. Shimoga. The I Party has availed housing loan from Shikaripura Branch of II Party for construction of his house in 1998/1999. Due to family problems and financial problem and also, for the construction of the house, the wife of I Party has availed loan from Shiva Sahakari Bank Niyamitha, Shimoga and the same has been known to the branch manager Mr. N.R. Govinda, under whom the I Party has served. For the availing of loan of I Party's wife, from Shiva Sahakari Bank Niyamitha, the I Party has taken the Xerox Copies of the house property deeds and the I Party has submitted the Xerox Copies to Shiva Sahakari Bank Niyamitha, telling them that, he has availed the loan on his property from the II Party Bank and he has signed as a guarantor for the loan of his wife at Shiva Sahakari Bank Niyamitha. In the said background, the I Party has been issued with charge sheet No. CGS (W) 25/ZOU/RC/2003 dated 24.07.2003 alleging against him that, he has obtained loan from Shiva Sahakari Bank Niyamitha, by giving them certified copy of the title deeds of his property and registered equitable mortgage at Sub-Registrar Office, Shikaripur, without taking any prior permission from the II Party/Bank. It is alleged that, the I Party has filed affidavit by stating that, no other charge is created on his property and also, the I Party has availed additional loan of Rs. 80,000/- from II Party and rented the house for Rs. 2,000/-, without giving any information to the bank, and also suppressed his liability with Shiva Sahakari Bank Niyamitha, and tarnished the image of the bank by not repaying the loan to Shiva Sahakari Bank Niyamitha.

ii) Further, enquiry has been ordered on the charges and the enquiry has been held. The bank concluded the said enquiry on the sole evidence of the Investigation Officer, who took the questions and answers dictated by him to the I Party under coercion (DQ21-MEX-14 in the enquiry). Further, the I Party has offered to sell the property to clear the II Party Bank loan. The enquiry proceedings show that, the enquiry is conducted on the Xerox Copies of several documents, without the production of any originals. The I Party has been victimised by collusion of the branch manager Sri Govinda with Shiva Sahakari Bank manager to punish the I Party. The Loan Documents of Shiva Sahakari Bank Niyamitha are produced in the enquiry. Further, the purpose of taking affidavit is to cover up the non production of EC by manager and to put the blame on the I Party and to victimize the I Party. Further, the I Party4966 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] submitted in the written arguments to the Enquiry Officer, that, the loan in Shiva Sahakari Bank is obtained by the wife of the I Party and the I Party has been taken as the guarantor, and there is no independent evidence other than investigating officer against the I Party. The Enquiry Officer in other place has stated that, the EC cannot be obtained. Hence, the report of Enquiry Officer is not based on records and is perverse on many counts.

iii) Further, the I Party has closed the loan with II Party/Bank. But, the punishment has been converted into Compulsory Retirement of services by the Appellate Authority througha his order dated 03.03.2005. Further, the I Party submits that, the issue of charge sheet, proceedings of enquiry, imposing punishment of CRS based on the charge sheet, are all based on wrong footings, biased, not in accordance with the principles on natural justice, excessive, and hence, illegal. The I Party has informed the customer about his difficulty and the customer has agreed to lend to the I Party and told the I Party to put Rs. 10,000/- in his withdrawal slip and the same has been filled by the I Party in the presence of the customer. Hence, the cashier has paid Rs. 10,000/- cash to Basavanagouda, before passing of the withdrawal slips. The I Party went down from the branch and Basavanagouda gave the I Party Rs. 5,000/- as hand loan. The I Party repaid the amount to the customer after, about a month. However, based on the said details, the II Party bank has suspended the I Party on 25.02.2004, and also, issued a charge sheet No. CGS (W) 3/ZOU/IRC/2003 dated 15.03.2004, stating that, the I Party has filled the withdrawal slip for Rs. 10,000/- thougha the customer requested to fill it for Rs. 5,000/- only, and collected the amount from the cashier, handed over to the customer and detained Rs. 5,000/- with him, stealthily.

iv) Further, the I Party has obtained signature of the customer in the letter dated 15.10.2003 for withdrawing the complaint against him. MEX-11,12,13 show that, manager asked the head office to transfer the I Party as punishment. A letter is also taken as per MEX-9 on 13.01.2004 from MW-1. MEX-12, does not show that I Party has told the customer of his trouble, and also there is no proof of shouting at the customers. Further, I Party states that, the Enquiry Officer's report is not based on facts, but biased. The I Party has submitted several memorandums to the II Party/Bank, which have been duly recommended by the branch manager of Shikaripur and Tumari branches on 10.08.2005, 17.04.2006, 28.07.2006 and 30.08.2006, which show that, request made by the I Party are genuine and I Party is not a culprit. As the II Party has been adamant in extending justice to the I Party, the conciliation meeting has also ended in failure. Therefore, the I Party prays to pass an Award by declaring the Compulsory Retirement of Services of the I Party w.e.f 03.03.2005 as excessive, illegal, null and void.

3. Brief details mentioned in the counter statement are as follows:-

i) The II Party states that, the II Party has issued 2 charge sheets to the I Party for certain gross misconduct and as the charges proved in the enquiry are serious/grave, he has been awarded the punishment of "Compulsory Retirement". The I Party has been issued with charge sheet dated 24.07.2003 for the reasons that he has availed Housing Loans from the Bank, being a borrower/employee, and handed over original title deeds of the property to the Bank and the said property has been taken as security under the Unregistered Equitable Mortgage with the declaration that he will not sell/alienate the property to others without prior permission of the Bank. Further, the I Party has availed a loan of Rs. 1,00,000 from Shiva Sahakari Bank Niyamitha, Shikaripura along with his wife by suppressing the fact of his handing over the original title deeds to II Party/Syndicate Bank. Based on the information/declaration given by him to the said bank that the original title deeds are lost, they have created the Registered Equitable Mortgage at the Sub-Registrar's office to secure their dues based on the certified Xerox copy of the title deeds furnished by I Party, thougha the said property has been already taken as security and mortgaged under the Unregistered Equitable Mortgage to Syndicate Bank in respect of his Housing Loans. Further, the loan has been sanctioned to him on 04.01.2001 at Shiva Sahakari Bank Niyamitha, Shikaripura, and he has declared in his affidavit dated 30.12.2002 that he has not voluntarily created any charge over the said property in favour of any individual or institution as a security for any loan by way of Equitable Mortgage by depositing his title deeds or registered mortgage or by any other means and thereby deliberately suppressed the information of his availing loan at Shiva Sahakari Bank Niyamitha, Shikaripura and also submitted the false affidavit.

ii) Further, it has been decided to get the matter departmentally enquired and Enquiry Officer has been appointed vide letter dated 08.09.2003 to conduct enquiry and to submit the report/finding. Thereafter, the Enquiry Officer has submitted his findings dated 09.08.2004 wherein he has come to the conclusion that the I Party has committed the misconduct, based upon the oral and documentary evidences adduced in the enquiry. Further, considering the gravity and seriousness of the charge proved against the I Party, the Disciplinary Authority proposed the punishment of "Dismissal" and gave him a personal hearing on 22.11.2004. Having regard to the seriousness and gravity of the charge proved in the enquiry,II (ii) 4967 Disciplinary Authority awarded the punishment of "Dismissal from the services of the Bank" vide proceedings dated 09.12.2004 to I Party and subsequently the I Party preferred an appeal against the said orders and the Appellate Authority vide proceedings dated 26.02.2005 modified the punishment to "Compulsory Retirement".

iii) Further, the I Party has also been issued with another charge sheet dated 15.03.2004 for the reason that on 20.08.2003 at the request of Sri M. Basavanagouda, customer of Shikaripura Branch, the I Party has written the amount as Rs. 10,000/- on the withdrawal slip as against the customer's request for Rs. 5,000/- and before that, obtained customer's signature on blank withdrawal slip, thereafter filled the same for Rs. 10,000/- and also, obtained token, and received cash of Rs. 10,000/- from the cashier (on customer's behalf) but handed over only Rs. 5,000/- to the customer which he wanted to withdraw on that day and kept the balance amount of Rs. 5,000/- with him, stealthily. The customer lodged the complaint dated 17.09.2003 to the Bank. The customer informed the Vigilance Officer about his earlier complaint and the subsequent withdrawal of the complaint which has been done at the behest of I Party and he reiterated that he wanted to withdraw Rs. 5,000/- only on that day and the I Party took his signature on the blank withdrawal slip, filled the same for Rs. 10,000/- collected the cash from the cashier and gave him Rs. 5,000/-. The customer subsequently informed that the I Party has paid the amount of Rs. 5,000/- to him. Further, the I Party attended the enquiry along with his Defence Representative, Sri. M. Ananthakrishna, Secretary of the Union. During the enquiry, the management has examined 3 witnesses including the said customer, Sri M. Basavanagouda and relied upon 20 documents to sustain the charges levelled against the I Party.

iv) The Enquiry Officer has examined the oral and documentary evidence adduced in the enquiry, then, the Enquiry Officer came to the conclusion vide his findings dated 28.08.2004 that the charges levelled against the I Party are proved in the enquiry. Considering the gravity and seriousness of the charges proved in the enquiry, punishment of "Dismissal" has been proposed and he has been given a personal hearing on 22.11.2004 regarding the proposed punishment. The Appellate Authority vide proceedings dated 26.02.2005 modified the punishment to "Compulsory Retirement". As the charges proved against him are grave and serious, the Bank cannot keep him in its employment and the punishment awarded is proportionate to the charges proved against him. Further, by handing over certified Xerox copy of title deed to Shiva Sahakari Bank and declaring that the original title deed has been lost, he gave the false declaration to them, thougha he has already handed over original title deed to Syndicate Bank as a security in respect of Housing Loans availed by him. Appellate Authority's order shows that the Bank has lost its confidence on the I Party. Further, excellence is not achieved except with a deep sense of commitment to work and discipline. Loyalty to work and discipline among the employees of the II Party are two important factors for the existence of the II Party/Bank. The II Party has imposed proper punishment for the concerned workman/I Party for the grave misconduct committed by him.

4. The crucial point that arises for consideration in the present matter is:-

"Whether the order of compulsory retirement from service with retirement benefits, imposed on Shri. S.D. Thammaiah/workman by the management of Syndicate Bank is legal and justified? To what relief the workman is entitled?"

5. Analysis, Discussion Findings with regard to the above mentioned point:-

The I Party has filed affidavit dated 17.09.2014 solemnly affirmed before the notary public. In that, the workman has categorically admitted that he has availed Hosing Loan from the II Party for the construction of his house in the year 1998/99 against the security of depositing the title deeds of his property and also signed in all loan papers, including the papers, for creating mortgage/lien on his property. Further, I Party himself admitted in the said affidavit that his wife availed loan from Shiva Sahakari Bank Niyamitha, Shimoga, and for the said loan he has given the Xerox copies of title deed to Shiva Sahakari Bank and he has signed as the guarantor for the loan of his wife at Shiva Sahakari Bank. Hence, as a guarantor the workman is also liable to pay amount due to the Shiva Sahakari Bank Niyamitha. Further, I Party has admitted that his wife got the loan based upon the Xerox copy of title deeds submitted to Shiva Sahakari Bank and also, on his guarantee. Furthermore, the I Party has not established that the said loan details are known to the Branch Manager Mr. N.R. Govinda under whom he has worked. Further, I Party has stated in the affidavit that he has given the Xerox copy of title deed to Shiva Sahakari Bank Niyamitha, after informing them that he has availed loan for his property from the Syndicate Bank. However, as per Ex W-7, document submitted for obtaining loan from Shiva Sahakari Bank for the said property dated 12.12.2000, the I Party has stated that there is no mortgage on the said landed property of I Party. However on 17.08.1998 itself, the II Party/Syndicate Bank has sanctioned loan of Rs. 2 lakhs as housing loan for I Party for construction of house in the landed property in the name of I Party. On that ground it is seen that I Party has suppressed the material facts that he has already availed housing loan from the II4968 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] Party at the time of applying for loan from Shiva Sahakari Bank througha his wife and also I Party has also given the guarantee on the same property for Rs. 1 lakhs taken as a loan from Shiva Sahakari Bank Niyamitha, on 12.12.2000. Again at the time of availing additional loan of Rs. 80,000/- on 20.08.2001 the I Party has filed an affidavit dated 30.12.2002 signed before the notary public and marked as Ex MEX-10. In the said affidavit also the I Party has stated that he has not voluntarily created any charge of said property in favour of any individual or institution as a security for any loan by way of Equitable Mortgage by depositing his title deeds or registered mortgage or any other means. Hence, it is clear that, the I Party has deliberately suppressed the material information of the availing loan at Shiva Sahakari Bank, Shikaripura by giving security of the said property, and also, submitted, the said false affidavit to the II Party.

6. Further, it is seen that the I Party as a guarantor has mortgaged the same property to avail the loan along with his wife for Rs. 1 lakhs on 12.12.2000 with the Shiva Sahakari Bank. In the above mentioned circumstances, also it is seen that the I Party has committed the misconduct of suppressing the material facts at the time of availing loan with Shiva Sahakari Bank Niyamitha, and also at the time of filing the above said affidavit dated 30.12.2002. Further, as per Ex W-6 loan repayment certificate, the Shiva Sahakari Bank, Manager has certified that the wife of I Party has repaid the loan taken on 04.01.2001 with interest on 01.09.2004 and in fact, the I Party has given the guarantee and mortgage of his property for the said loan amount. On that basis also it is seen that, the I Party has suppressed the material facts of obtaining loan earlier with II Party/Bank. Further, a statement made by the I Party to the effect that I Party has been victimized by collusion of Branch Manager Mr. N.R. Govind with Shiva Sahakari Bank Niyamitha, to punish the I Party. However, the said statement has not been established by I Party in an acceptable manner. Further, I Party has admitted that, he has not stated before the Disciplinary Authority regarding his grievance. Further, I Party has categorically admitted that there is no personal enemity between him and the Enquiry Officer. Further, it is seen that based upon the material facts and records, the Enquiry Officer has held that the charge made against the I Party regarding the suppression of material facts at the time of applying for loan from Shiva Sahakari Bank Niyamitha, and also, giving guarantee and mortgage of the same property, have been proved. Further, it is seen that the I Party has created the 2 charges on the same property, that too, at the time of working as a II Party/Bank employee, and hence, it is a clear case of misconduct. Further, it is clearly established by the II Party that the I Party has acted by hiding the real facts of mortgaging the Original title deeds with the II Party and the I Party, having stood as a guarantor for the loan obtained by his wife from the Shiva Sahakari Bank Niyamitha, cannot escape his liability, by putting the blame on his wife.

7. Further, it is admitted by the I Party that he has verified the copies with the Original and also, satisfied about their genuiness and the same is recorded in the enquiry proceedings dated 10.06.2004 and the I Party has also signed in the said proceedings. Further, the I Party has not disputed the fact that he approached the other bank namely Shiva Sahakari Bank Niyamitha, by producing the copies of original documents, mortgaged with the II Party/Bank to avail the loan. Further, the guarantor or borrower do not constitute separate entity, and both are jointly and severally liable. Further, I Party, who has served as an employee of the II Party/Bank, is well versed with the details and in order to escape from the said misconduct, he is making untenable submissions. Further, the action of I Party, in supplying the copies of the documents to Shiva Sahakari Bank Niyamitha., after already depositing the original documents in the custody of II Party, will clearly establish the misconduct, and the findings of the Enquiry Officer and the Disciplinary Authority are also just and proper.

8. Further, regarding the another Charge, in the affidavit the I Party has admitted that on 20.08.2003 Basavanagouda a villager and customer of the bank came to the Branch and requested the I Party to give him a withdrawal slip and the said customer informed the I Party that he requires Rs. 5,000/- and I Party requested the customer to give Rs. 5,000/- as the hand loan and the customer agreed to lend the said money to I Party and directed the I Party to withdraw the money and thereafter, the I Party has written Rs. 10,000/- in the withdrawal slip in the presence of the customer. Thereafter, the I Party went to the cashier and also represented that the customer requires the cash urgently and also the cheque is under process of passing and requested the cashier to pay the amount against the withdrawal slip and the cashier paid Rs. 10,000/- to Basavanagouda before passing of the withdrawal slip and Basavanagouda gave the I Party Rs. 5,000/- as the hand loan. In such circumstance only, the II Party has rightly pointed out that I Party has not been entrusted with the duties of filling up the withdrawal slip for the customers and only after the customer gave complaint to the bank about the balance appearing in his Pass Book, the I Party has made the repayment of Rs. 5,000/- to the customer. Further, it has been rightly pointed out by the II Party that, if the said customer is closely known to I Party, then, there is no need for the customer to give the complaint against the I Party.

9. Further, as an afterthoughat and also in order to save the interest of I Party, on 22.04.2004, the I Party obtained the letter from Basavanagouda to the effect that he gave loan to I Party on 20.07.2003 of an amount Rs. 5,000/- and he returned it on 15.10.2003 and he has written something wrong, earlier, due to illiteracy. Certainly, this sort of explanation made on behalf of the I Party cannot be accepted because the illiterate customer, would not write something wrong about the misconduct committed by the I Party. Further, on 20.11.2003 itself, the Branch ManagerII (ii) 4969 has written to the Regional Manager by complaining that I Party used to borrow money from the depositors of II Party/Bank and he never repays and already, he has given direction, not to borrow money from the customers, and hence, requested to shift the I Party to any other branch, at the earliest. Again on 09.12.2003, the Branch Manager once again stated that, two complaints have been received from the customers against the I Party and I Party used to borrow money from customers, and hence, requested to shift the I Party to any other branch at the earliest. Further, after initiation of the action against the I Party by II Party, the I Party has obtained the signature of the customer to withdraw his complaint dated 17.09.2003 by another letter dated 15.10.2003. Further, the act of receiving money from the customers of the II Party/Bank and terming it as the hand loan, when customer gives a complaint, clearly establishes the I Party has acted against the interest of the II Party/Bank. Further, on perusal of the Enquiry Officer's report and the materials on record, it is found that Enquiry Officer has considered the evidences of witnesses and documents filed on behalf of II Party namely, Ex M-1 to Ex M-20 and also the defence witness and also documents of defence side, namely, 1to 8 and analysed the details by taking into consideration, the charge, about evidence on record, cross- examination of the witnesses, analysis of evidence and also framed the issues and independently and individually considered the issues and ultimately, came to the conclusion that gross misconduct of "Doing act prejudicial to the interest of the Bank" levelled against the I Party has been proved/established, after thoroughaly examining the materials on records in the detailed report consisting of 28 pages. The II Party has also clearly admitted that there is no personal enemity between I Party and Enquiry Officer. Further, I Party is only making bald statement of perversity of the finding and bias, which cannot be accepted.

10. Further, it is seen that on the careful analysis of documents along with the statements of witnesses the charges are proved against the I Party as per the principles of preponderance of probability. Hence, the conclusion of Enquiry Officer in holding the I Party guilt of charge is just and proper. Further, there is no perversity in the findings of the Enquiry Officer. Further, the materials available on records have established that I Party has committed the misconduct as per the principles of preponderance of probability. Further, it is seen that I Party has been imposed with proper punishment, for the misconduct committed by him and the punishment of Compulsory Retirement from Bank with immediate effect with superannuation benefit has been imposed as per the law and also without the disqualification for future employment. Further, it is seen that punishment imposed on I Party, is proportionate to the gravity of misconduct committed by him. Further, it is seen that Enquiry Officer's proceedings are justified on the materials available on record. Further, in the citation reported in AIR 1988 Supreme Court 2311 of Allahabad in Civil Appeal No. 10773/1996, dated 07.04.1998, (Before Mrs. Justice Sujata V. Manohar, Mr. Justice Kurdukar and Mr. Justice D.P. Wadhwa), in the case of Union Bank of India Vs Vishwa Mohan, it is held as follows:- "It needs to be emphasised that in the banking business absolute devotion, diligence, integrity and honesty needs to be preserved by every bank employee and in particular the bank officer. If this is not observed, the confidence of the public/depositors would be impaired." Further, The Hon'ble Supreme Court of India in Civil Appeal No. 1720/2002, dated 27.09.2004, (Before Mr. Justice N. Santhosh Hegde and Mr. Justice S.B. Sinha), in the case of Divisional Controller, KSRTC (NWKRTC) Vs A.T. Mane, it is held as follows:- "It is also held that in such cases there is no place for generosity or misplaced sympathy on the part of the judicial fora and thereby interfere with the quantum of punishment." In the present case also, it is seen that proportionate punishment of Compulsory Retirement with retirement benefit has been imposed by the II Party in accordance with law.

11. Further, in judgment reported in AIR 1976 Supreme Court, in Civil Appeal No. 835/1975, dated 10.10.1975, (Before Mr. Justice A. Alagiriswami, Mr. Justice P.K. Goswami and Mr. Justice N.L. Untwalia), in the case of M/s Bharat Iron Works, Vs Bhagubhai Balubhai Patel and others, it is held as follows:- "Ordinarily a person is victimised, if he is made a victim or a scape-goat and is subjected to persecution, prosecution or punishment for no real fault or guilt of his own, in the manner, as it were, of a sacrificial victim. Victimisation is a serious charge by an employee against an employer, and, therefore, it must be properly and adequately pleaded giving all particulars upon which the charge is based to enable the employer to fully meet them. The onus of establishing a plea of victimisation will be upon the person pleading it. Mere allegations, vague suggestions and insinuations are not enougha." Also in the judgment reported in AIR 1968-S C-266-Central Bank of India Vs Karunamoy Banarjee, it is held as follows:- "When once workman himself admitted the guilt, there will be nothing more for management to enquire – No violation of rules of natural justice – order of labour court is erroneous and appeal allowed." In the present case also, based upon the material records, the Regional Manager has passed the order for dismissal from service by order dated 09.12.2004. However, the Appellate Authority has modified the punishment from dismissal to "Compulsory Retirement" with retirement benefits and also without the disqualification for future employment.

12. Further, it is seen that, the order of Compulsory Retirement with pension and other benefits has been passed by following the due process of law by the II Party. It is evident that the I Party has been Compulsory Retired by the order of the Appellate Authority which has been passed, pursuant to the above mentioned proven acts of misconduct. Further, it is totally incorrect to state that the Enquiry Officer has not considered the issues raised by the I Party. It is seen that the enquiry officer has conducted the enquiry in accordance with the principles of natural justice and the Appellate Authority after examining all relevant aspects of the enquiry and representation from the I Party and also,4970 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] after the due application of mind, has modified the punishment, from dismissal to the Compulsory Retirement with pension and other benefits for I Party. It is relevant to point out that the Compulsory Retirement order with pension and other benefits has been passed strictly in accordance with the process of law. The Disciplinary Authority has passed the said order after considering the Enquiry Report of Enquiry Officer who in his report held that, the I Party is guilty of the charges levelled against him. However, taking into consideration all the relevant facts/records, including the reply of I Party by the order, the Appellate Authority while concurring with the findings of Disciplinary Authority, has modified the punishment as Compulsory Retirement, in the appeal dated 01.01.2005 filed by I Party.

13. Further, the above mentioned practice adopted by the I Party, goes to the root of the case of misconduct committed by the I Party and the said practice is very unhealthy for the interest of the Nationalised Bank like II Party. In the present case, there are no sufficient materials to interfere with the punishment imposed by the II Party and no ground made out to invoke the provision of the Sec 11(A) of the Industrial Dispute Act. For the above mentioned reasons, this Tribunal is of the considered opinion that the said misconducts committed by the I Party are proved as per the principles of preponderance of probability and the findings of the Enquiry Officer is fair and proper and there is no perversity in the findings of the Enquiry Officer. Therefore, in conclusion, this Tribunal is of the considered opinion, the allegation made as against the I Party, by the II Party are proved, on the basis of material records and also, as per the principles of preponderance of probability. Further, on the perusal of material records, this Tribunal finds that, there are no extenuating circumstance to take any lenient view for the said misconduct proved against the I Party and also the charges are very serious and deserves no consideration and leniency, at all. If the said misconducts are not taken into consideration for imposing the above mentioned punishment of compulsory retirement with superannuation benefits, it would be a serious concern for the interest of Nationalised Bank like II Party. Hence, after considering the material on records and facts and circumstances of the present case, this Tribunal comes to the conclusion that, I Party is not a fit person to be retained in the service of II Party and hence the above mentioned, punishment is rightly imposed by Appellate Authority of the II and the said order is justified, and thus, the point is answered, in favour of II Party herein. Hence, the following award is passed:-

AWARD

The II Party/Management is justified in ordering Compulsory Retirement from service with superannuation benefits of I party/Shri. S.D. Thammaiah, as the misconduct proved against the I Party are very serious and deserves no consideration and leniency, at all and the said punishment is rightly imposed by Appellate Authority of the II Party and the said order is legal and also, justified. Thus, the award is passed, in favour of II Party herein.

Dictated, transcribed, corrected and signed by me on 12th June, 2017)

V. S. RAVI, Presiding Officer

List of Witness on the side of I Party:

WW 1 Sh. S.D. Thammaiah, I Party/workman (V)

—

[

II ] New Delhi, the 8th August, 2017

S.O. 1861.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 57/2009) of the Central Government Industrial Tribunal-cum- Labour Court, Hyderabad as shown in the Annexure, in the Industrial Dispute between the management of Canara Bank and their workmen, received by the Central Government on 08.08.2017.

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

RAVI KUMAR, Desk OfficerII (ii) 4971

ANNEXURE

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

HYDERABAD

Present : Sri Muralidhar Pradhan, Presiding Officer

Dated : the 22nd day of June, 2017

INDUSTRIAL DISPUTE L.C. No. 57/2009

Between :

Sri S. Pedda Reddy, S/o S. Raghavendra Rao, R/o 201, Narayana Residency, Madhura Nagar, Thirupathi – 517510

…Petitioner

AND

1. The Chairman & Managing Director,

Canara Bank, Personal Wing, Head Office, 112, J.C. Road, Bangalore – 560 002.

2. The Deputy General Manager,

Canara Bank Opp. Old MLA Quarters, Himayatnagar, Hyderabad – 500 029.

3. The Manager, Canara Bank, H, Kaiarawadi Branch, Thirupathi, Chittoor District …Respondents

Appearances :

For the Petitioner       :    M/s. G. Vidya Sagar, K. Udaya Sri & P. Sudheer Rao, Advocates
For the Respondent       :    Sri V. Krishnudu,  Advocate

AWARD

This is a petition filed by the petitioner directly invoking Sec.2 A (2) of the I.D. Act, 1947 who has been an employee of the Canara Bank seeking for declaring the action on the part of respondents in imposing major punishment of dismissing the Petitioner from service vide proceedings dated 13.1.1996 as illegal and arbitrary consequently, directing the respondents to reinstate the Petitioner into service with continuity of service, with full back wages and all other attendant benefits.

2. The averments made in the petition in brief are as follows:

The Petitioner joined the service of the respondent as Clerk Cum Cashier on 24.5.1980 at Parvathipuram Branch Vijayanagaram and worked in various branches of the said bank. Subsequently he was transferred to Divisional Office, Kurnool in the month of August, 1983. There he worked in various branches of the Respondents' bank and discharging duties to the satisfaction of his superiors. While he was working as a clerk at H. Khairawadi branch the respondents' bank issued proceedings dated 18.3.1994 as per Regulation 12(i) of chapter XI of the Canara Bank Service Code suspending the Petitioner from service alleging that he committed misconduct. The allegations made against him in the said order are false and incorrect. The Petitioner has not committed any misconduct. Thereafter the respondent bank issued charge sheet dated 4.5.1994 alleging that Petitioner misappropriated funds of the said bank during the period from 1992 to 1994 on different dates. The said allegations are false and incorrect. On receiving the said charge sheet the Petitioner submitted detailed explanation, on 5.5.1994 denying the truth of the allegations levelled against him. Again the respondent bank issued another charge sheet dated 4.8.1994 extracting the same set of charges as mentioned in charge sheet dated 4.5.1994 on receiving the same the Petitioner submitted detailed explanation denying the charges. The alleged irregularities were broughat to the notice of the Petitioner 1½ years later and the said fact has also been mentioned in the said explanation. The Petitioner was under suspension for more than 20 months. He was not even paid subsistence allowance thougha the respondent bank is liable to pay the same and inspite of4972 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)] repeated representations on the part of the Petitioner it was not given to him. The said action of the Respondent is illegal, arbitrary and unjust. The Petitioner was under the impression that after receiving his explanation the Respondents would drop the charges, but he came to know that an enquiry was ordered to be conducted to the alleged charges. During the enquiry 6 witnesses of staff cadre and 26 bank customers were examined as Management witnesses and more than 250 documents were marked, but those documents were not furnished to the Petitioner at the time of marking in the enquiry. The enquiry officer has submitted his ex-parte enquiry report to the Disciplinary Authority. The Petitioner requested the enquiry officer to furnish the said documents. Inspite of it those were not supplied to him. Conducting such ex-parte enquiry is in violation of the principles of natural justice. It is liable to be vitiated. Those incidents took place while the Petitioner was working in the branch where the Branch Manager and concerned officers also verified the instruments and endorsed, that the instruments were valid and correct. The Petitioner was thus proceeded with further transactions. Without considering the facts and circumstances of his case the enquiry officer submitted his report stating that the charges were held to be proved against the Petitioner thougha there was no evidence before the enquiry officer to show that the Petitioner committed irregularities as alleged by the respondent bank, hence, the findings of the enquiry officer are perverse, biased and are liable to be vitiated. The Petitioner was not given any opportunity to offer the comments on the enquiry report. He was not issued any show cause notice regarding the proposal of punishment to be imposed. Straight away the respondent bank issued dismissal order dated 13.1.1996 dismissing the Petitioner from service. Hence, the action on the part of the said bank is illegal arbitrary and unjust. No valid reasons are assigned in the dismissal order. Being aggrieved by the orders of the Disciplinary Authority dated 13.1.1996 the Petitioner preferred an appeal to the Chairman and Managing Director of the respondent bank explaining the facts and circumstances and requesting for reconsidering his case. But the Appellate Authority rejected the claim of the Petitioner without assigning any reason vide proceedings dated 10.3.2007. The said order is also illegal, arbitrary and unjust. Criminal cases were booked against the Petitioner vide C.C. No.51 of 1998, 52 of 1998 and 53 of 1998 on the file of the Judicial Magistrate, 1st class of Pattikonda. After full fledged trial, the Petitioner who faced charges under Sec. 409, 420 and 477 – A of IPC in the said cases has been found not guilty of his offences and he was acquitted by the court in C.C.51/98 and 52/98. Thereafter the Petitioner made a representation to the respondent bank on 12.6.2006 enclosing copy of the judgement dated 20.2.2006. But the respondent has not taken any steps in this regard. The dismissal of the Petitioner from service is the punishment which is grossly disproportionate to the gravity of the charges. It is a major penalty. The past service of the Petitioner was not taken into consideration. The present case squarely falls under the case of Jagadamba Prasad Shukla Vs. State of U.P. and others. 2000(7) SCC page 90 and Andhra Bank vs. W.T. Seshachalam 2004(2) SCC 287. the Petitioner was unable to secure alternate employment subsequent to his dismissal from service by the respondent. Consequently he is facing severe financial problems his entire family is depending upon him. With the above averments the Petitioner submitted to direct the Respondent management to reinstate him into service with continuity of service, full back wages and all other attendant benefits, under the circumstances of the case and in the interest of justice.

3. 2nd respondent alone filed counter in this case with the averments in brief as follows:

The Respondent No.2 in his counter while denying the facts averred in the claim petition, has specifically challenged the maintainability of the case, stating that the case Is not maintainable. This petition is filed with false concocted, baseless and untenable allegations basing on false fabricated and forged documents to harass the respondents and to have wrongful gain. The relief soughat for is belated and hopelessly time barred. The enquiry was conducted in the year 1994 and the impugned order was passed in the year 1996. Admittedly, several notices were issued to the Petitioner at the time of conducting domestic enquiry in respect of the charges leveled against him. After the enquiry report was submitted by the enquiry officer, the findings of the enquiry were forwarded to the Petitioner for making his submissions, but he has not made any submissions. Pursuance to the enquiry report the Disciplinary Authority of the bank has proposed for dismissal of the Petitioner in view of the gravity of the misconduct of the Petitioner and a personal hearing was given to the Petitioner on the proposed punishment on 18.12.1995. The Petitioner personally appeared before the Disciplinary Authority and pleaded for lesser punishment, and signed in the proceedings on that day. Subsequently, the impugned order was passed by the Disciplinary Authority and it was sent to the Petitioner to his last known addresses. The Petitioner challenged the same by preferring an appeal and the Appellate Authority confirmed the dismissal order passed by the Disciplinary Authority. The Petitioner failed to challenge the said order for 14 years and after waiting for a such long period he preferred this dispute now, by fabricating certain documents and without explaining the abnormal delay. Such a petition can not be entertained. The dispute raised by the Petitioner is not within the purview of Industrial Disputes Act, 1947. The Petitioner was terminated for loss of confidence as he broughat disrepute to the bank by diverting the amounts deposited by the customers for his personal use. There is no unfair labour practice on the part of the bank. By following the principles of natural justice and after giving ample opportunity to the Petitioner and conducting domestic enquiry considering the gravity of the charges and evidence on record and also after hearing the Petitioner regarding the punishment the dismissal order was passed. There is neither illegality nor irregularity in passing the said order. The Petitioner while working at H. Khairawadi branch of the respondent bank from 7.4.1988 as a clerk, he failed to account for the amounts received by him from the customers of the branch for credit of their accounts. But the Petitioner issued counter foils and made entries of suchII (ii) 4973 amounts in the pass books of the customers. By adopting the said modus operandi he misappropriated huge amounts during the period from 1992 to 1994. On complaints from the customers, the bank got investigated the matter througha its officials and came to know that the Petitioner has misappropriated the amounts of the customers/bank. The Petitioner addressed a letter dated 17.6.1993 to the then Branch Manager of the bank confessing various incidents of fraud and irregularities committed by him. The bank issued charge sheet dated 4.5.1994 to the Petitioner. But he failed to give any reply. Then, an enquiry officer was appointed to conduct the enquiry and a Presenting Officer was also appointed to present the case of the Management. Inspite of service of notice issued by the enquiry officer the Petitioner failed to attend the enquiry proceedings. Therefore, the enquiry was conducted ex-parte. After following the procedure required to be followed under law. On completion of enquiry the Presenting Officer forwarded the written brief to the last available address of the Petitioner. It was returned with a remark that no such house number. During enquiry apart from the officials of the bank, who investigated into the matter several customers were also examined. They all deposed that they remitted the amount along with the pay in slips for crediting in their SB Accounts. The Petitioner issued counter foils having received the said cash affixing cash received seal of the branch and also made necessary entries in the pass books of the customers. However, the amounts remitted by the customers were not credited in to the books of the bank. The enquiry officer has given several opportunities to the Petitioner, but he remained absent, during the enquiry. The Petitioner requested for adjournment of the enquiry on several occasions but he never attended the enquiry. During the personal hearing on 18.1.95 the Petitioner never raised any objection regarding the enquiry. Apart from the charge sheet dated 4.5.94, three more charge sheets were also issued against him, out of them two were dated 4.8.94 and other is dated 16.8.94. These charge sheets are pertaining to manipulation, fabrication and destruction of books of records, ledger sheets etc., to cover up his fraudulent actions and misappropriation of amounts on the part of the Petitioner. But since, the punishment of dismissal was imposed in respect of charge sheet dated 4.5.94 under the provisions contained in service code the bank has not proceeded further in respect of the other three charge sheets and those were kept in abeyance by reserving a right to proceed further at a later stage if needed. Due to the misdeeds of the Petitioner and fraud committed by him to the accounts of the customers, the bank sustained huge financial loss. The contention of the Petitioner that he was not paid subsistence allowance during his suspension period is not correct. The eligible subsistence allowance was credited to his SB account maintained by the branch. Having requested for adjournments, the Petitioner intentionally and deliberately failed to attend the enquiry and 15 years after the proceedings, he is claiming that ex-parte enquiry proceeding were conducted. He deliberately chosen not to attend the enquiry despite of receiving notice and having knowledge about the enquiry. He can not question the validity of the enquiry. There is no violation of the principles of natural justice on the part of the respondents. After rejection of the appeal, the Petitioner never made the representations. The criminal cases were ended in acquittal by the court by giving benefit of doubt to the accused mainly on the ground that the fraud and misappropriation came to light, and the matter was investigated by the bank in the year 1996 but there is 3 years delay in lodging the complaint is not explained and further the complainant did not come to the witness box and did not give his evidence. The acquittal of the Petitioner is not a clean acquittal. Because benefit of doubt is given in criminal case, the termination proceedings will not be effected. Criminal case got nothing to do with the departmental enquiry proceedings. The contention of the Petitioner that the punishment awarded is disproportionate to the gravity of the charges is incorrect. Due to the acts of the Petitioner the Respondent bank suffered substantially. The respondent bank has to protect the interests of his customers and also has to preserve their confidence in the bank. The proven fraudulent actions on the part of the Petitioner have harmed the reputation of the bank substantially. There is no cause of action in favour of the Petitioner to file the above case before this Tribunal. With these averments the Respondent No.2 submitted that the Petitioner is not entitled to claim any relief from this court as against the Respondents and the petition is liable to be dismissed.

4. The domestic enquiry conducted in this is held as legal and valid vide order dated 8.8.2013.

5. Both the parties have advanced arguments in support of their claim.

6. The points arise for consideration are:

I. Whether the action of the management of Canarara Bank in dismissing the Petitioner Sri S. Pedda Reddy from service is legal and justified?

II. If not, to what relief he is entitled for ?

7. The Learned Counsel for the Petitioner submitted that the Petitioner joined the service of the respondent as a Clerk Cum Cashier on 24.5.1980 at Parvathipuram Branch Vijayanagaram. Subsequently he was transferred to Divisional Office, Kurnool in the month of August, 1983. There he worked in various branches of the Respondent bank and discharging duties to the satisfaction of his superiors. While discharging duties as a clerk at H. Khairawadi branch the respondent bank issued with proceedings dated 18.3.1994 as per Regulation 12(i) of chapter XI of the Canara Bank Service Code suspending the Petitioner from service on the allegation that he has committed misconduct.

4974 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

He contended that the allegations made against the Petitioner are false. Thereafter the respondent bank issued charge sheet dated 4.5.1994 alleging that the Petitioner misappropriated funds of the said bank during the period from 1992 to 1994 on different dates. The charges made against the Petitioner are false and incorrect. The Petitioner submitted detailed explanation, on 5.5.1994 denying the charges levelled against him. Again the respondent bank issued another charge sheet dated 4.8.1994 extracting the same set of charges as mentioned in charge sheet dated 4.5.1994. The Petitioner also submitted explanation to the said charge sheet denying the charges. It is also submitted that the Respondent has issued proceedings suspending the Petitioner from service on 4.5.1994. The Petitioner was under suspension for more than 20 months. The Respondent bank has to pay subsistence allowance to the delinquent employee during the suspension period but the Respondent bank has not paid any suspension allowance during the period of more than 20 months. The Petitioner made several representations to the Respondent bank from time to time with regard to payment of subsistence allowance but the Respondent bank did not take any step for payment of subsistence allowance. The Petitioner was expecting that charges will be dropped basing on his explanation. But the Respondent bank conducted an enquiry into the alleged charges. During the enquiry the Respondent management examined witnesses like, MW1 to MW6 of staff cadre and 26 bank customers were also examined as Management witnesses and more than 250 documents were marked, but those documents were not furnished to the Petitioner at the time of marking in the enquiry. The enquiry officer has submitted his ex-parte enquiry report to the Disciplinary Authority. The Petitioner requested the enquiry officer to furnish the documents which were marked during the course of enquiry. But the Enquiry Officer did not listen to him. The Learned Counsel also submitted that the alleged incident took place while the Petitioner was working in the branch where the Branch Manager and concerned officers also verified the instruments and endorsed that the instruments were valid and correct. The Petitioner was thus proceeded with further transactions. Without considering the facts and circumstances of his case the enquiry officer submitted his report stating that the charges were held to be proved against the Petitioner. The findings of the enquiry officer are perverse, biased and are liable to be set aside. Without giving any opportunity of being heard, basing on the ex-parte enquiry report the Respondent straight away issued dismissal order to the Petitioner vide order dated 13.1.1996. The Petitioner preferred an appeal to the Chairman and Managing Director. But the appeal was dismissed. It is further submitted that the order of the Appellate Authority is also illegal, arbitrary and unjust. The Respondent bank initiated criminal proceedings against the Petitioner vide C.C. No.51 of 1998, 52 of 1998 and 53 of 1998 on the file of the Judicial Magistrate, 1st class of Pattikonda, and charges under Sec. 409, 420 and 477 – A of IPC were framed against the Petitioner but, in the trial the Petitioner was acquitted from the charges. After acquittal from the criminal cases, the Petitioner made a representation to the Respondents enclosing the copy of the judgement to reinstate him into service, but the respondents did not take any action. The Disciplinary Authority and Appellate Authority failed to see that the punishment of dismissal from service is grossly disproportionate to the gravity of charges and also failed to consider the statement of the Petitioner and taken disciplinary action by way of imposing major penalty of dismissal from service over the Petitioner. The Disciplinary Authority and Appellate Authority failed to consider the past service of the Petitioner. The present case squarely falls under the case of Jagadamba Prasad Shukla Vs. State of U.P. and others and 2000(7) SCC page 90 and Andhra Bank vs. W.T. Seshachalam 2004(2) SCC 287 wherein the apex Court held that the provision also applicable where suspension ordered during pendency of regular departmental proceedings and in the meantime prosecution launched after investigation by an outside agency, but ultimately the employee acquitted of the criminal charges by Court and departmental proceedings continued for year. The Petitioner was unable to secure alternate employment subsequent to his dismissal from service by the respondent. Both the cases are squarely applicable to the case of the Petitioner. After dismissal of the service the Petitioner has become jobless and unable to provide financial assistance to his family members. The Punishment imposed on the Petitioner is grave in nature. The Learned Counsel for the Petitioner submitted that the Petitioner be reinstated into service.

8. On the other hand the Learned Counsel appearing on behalf the Respondent contended that while the Petitioner was working at H. Khairawadi branch as a clerk, he failed to account for the amount received by him from the customers of the bank for credit of their accounts. The Petitioner issued counter foils and made entries for such amounts in the pass books of the customers. By adopting to the above modus operandi, huge amounts of the customers have been misappropriated by the Petitioner during the period from 1992-1994. On the complaint of several customers the bank got investigated into the matter througha its officers and found that the Petitioner has misappropriated funds of many of the customers/bank. The Petitioner had addressed a letter dated 17.6.1993 to the then Branch manager of the bank confessing various frauds and irregularities committed by him in the bank. After coming to know about the fraud and misappropriation committed by the Petitioner the bank issued charge sheet to the Petitioner dated 4.5.1994. On receipt of the charge sheet the Petitioner failed so submit his reply to the charge sheet. Subsequently one enquiry was conducted, and the Petitioner failed to attend the enquiry proceedings. The Enquiry Officer conducted the enquiry ex-parte. The Enquiry Officer submitted his enquiry report holding the Petitioner guilty of the charges levelled against him. The Disciplinary Authority after considering the findings of the Enquiry Officer and upon personal hearing of the Petitioner passed the order of dismissal. The Petitioner attended the personal hearing and requested to reduce the proposed punishment. The Petitioner preferred a departmental appeal before the Appellate Authority, but the appeal was dismissed. Three criminal cases were ended in acquittal by the court by giving benefit of doubt to theII (ii) 4975 accused mainly on the ground that the fraud and misappropriation came to light and the matter was investigated by the bank in the year 1996 but there is 3 years delay in lodging the complaint and it is not explained, and further the complainant did not come to the witness box and did not give his evidence. In any case the criminal case has got nothing to do with departmental enquiry proceedings. The contention of the Petitioner that the punishment awarded is disproportionate to the gravity of charges is incorrect. Due to the acts of the Petitioner the Respondent bank suffered substantially. The respondent bank has to protect the interests of his customers and also has to preserve their confidence in the bank. The proven fraudulent actions on the part of the Petitioner have harmed the reputation of the bank substantially. The bank has suffered financial loss of Rs.2,37,370/- due to the fraudulent actions of the Petitioner. from the records and investigation reports, it is clear that the Petitioner failed to account for the amounts tendered by the account holders/borrowers. Further more in order to conceal his fraudulent acts, the Petitioner destroyed or manipulated the records and also made fictitious entries. In 14 crop loan accounts, loan documents were missing from the branch and subsequently investigating officers were able to retrieve the loan documents/papers in respect of 12 accounts from the residence of the Petitioner. Further, the Petitioner prepared fresh ledger sheets by removing the original ledger sheets in 17 crop loan accounts. The above acts clearly confirm the malafide intention of the Petitioner and he played fraud on the customers as well as on the bank. The Disciplinary Authority has rightly passed the order. The bank has paid subsistence allowance to the Petitioner as per rules. the Petitioner has not raised any objection regarding payment of subsistence allowance at any point of time either at the time of enquiry or at the time of personal hearing, or at the time of orders passed by the Disciplinary Authority or at the time of appeal before the Appellate Authority. No principles of natural justice have been violated. The present Petitioner had involved in misappropriation of public funds and he should not be allowed to continue as a service holder in the bank.

9. Point No.I : On consideration of the rival contentions of both the sides it is seen that the Department has conducted the domestic enquiry and it was found legal and valid by the order of this court dated 8.8.2013, giving liberty to the Petitioner to summon any of the witnesses who were examined during the domestic enquiry for cross examination. This Tribunal had also directed the Petitioner to place his own evidence before the court and had also given more than one month time to take steps in this regard. But the Petitioner failed to avail the opportunity and remained silent which indicates that the Petitioner has nothing to say on the domestic enquiry held by the Department. It had already been held that the domestic enquiry has been conducted by the Department following the procedure of Law and following the principles of natural justice and the principles of natural justice has not been violated during the course of the domestic enquiry. The Petitioner has attended personal hearing before the Disciplinary Authority at the time of passing of the punishment order. But as the allegation against the Petitioner was so grave no lenient punishment was given to the Petitioner. There is allegation of fraud, misappropriation of public funds and misconduct. The allegation of the Petitioner is that as he has been acquitted in the criminal cases U/s. 409, 420 and 477-A of IPC, he may be reinstated into service. Admittedly, the Police has investigated into the matter and submitted charge sheet against the Petitioner under Sec.409, 420 and 477-A of IPC but during the course of trial as the prosecution failed to establish the charges the court passed an acquittal order giving benefit of doubt. As there was some technical latches on the part of the prosecution , the criminal cases were ended in acquittal. It does not mean that due to the acquittal in the criminal proceeding the Petitioner will be discharged from the departmental charges made in the departmental proceedings. The Petitioner has been found guilty and the enquiry conducted by the Department is found legal and valid. The Petitioner has been involved on the allegation of fraud and misappropriation of public funds. If in any of the employees of the public institution will be involved in the misappropriation of accounts and fraud, the public would loose their faith from that public institution like bank, and people will loose their trust from the public institution. The Petitioner has relied on two judgements of the apex Court in the case of Jagadamba Prasad Shukla Vs. State of U.P. and others and 2000(7) SCC page 90 and Andhra Bank vs. W.T. Seshachalam 2004(2) SCC 287, wherein the facts of both the cases are not similar to the facts of the present case. In both the cases no subsistence allowance had been given to the Petitioner during the course of the departmental enquiry for which the delinquent employee was unable to attend the enquiry. But in the instant case, the Petitioner had been given subsistence allowance as admissible. Further, more, no where the Petitioner has averred that due to non-payment of subsistence allowance he was unable to participate in the enquiry. He has never made any representation to the Respondents Bank at any point of time about payment of subsistence allowance prior to filing of the present case. Since the Petitioner has been involved in misappropriation of public money and committed fraud on the customers of the bank as well as the bank itself, the Department has rightly passed the punishment of dismissal order and no question of lenient view is required to be taken and the action taken by the management of Canara Bank in dismissing the Petitioner Sri S. Pedda Reddy from service is legal and justified.

Thus, Point No.I is answered accordingly.

10. Point No.II: In view of the findings given in Point No.I, the Petitioner is not entitled to get any relief .

Thus, Point No.II is answered accordingly.

4976 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Result:

In view of the fore gone discussion, it is held that the action of the management of Canara Bank in dismissing the Petitioner Sri S. Pedda Reddy, Clerk from service vide proceedings dated 13.1.1996 is legal and justified. The petition is dismissed without costs.

Award is passed accordingly.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her and corrected by me on this the 22nd June, 2017.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the Petitioner Witnesses examined for the Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL —

[

II ] New Delhi, the 8th August, 2017

S.O. 1862.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 496/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Corporation Bank and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/25/2002-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 18th April, 2017

Reference: (CGITA) No. 496/2004

The Assistant General Manager, Corporation Bank, Zonal Office, 2nd Floor, Nr. Navrangpura P.O., P.B. No. 4106, Ahmedabad (Gujarat) – 380009

…First Party V/sII (ii) 4977 Shri Yogeshkumar J. Shah, B/404, Suryoday Tower, Ghatlodia, Ahmedabad (Gujarat) – 380061

…Second Party

For the First Party     :    Shri K.V. Gadhia & Shri M.K. Patel
For the Second Party    :    Shri A.N. Patel

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/25/2002-IR(B- II) dated 18.06.2002 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of Deputy General Manager, Corporation Bank, Ahmedabad in ordering dismissal from service to Shri Yogeshkumar J. Shah, Special Assistant w.e.f. 08.06.2001 is legal, proportionate to the fault and justified? If not, then to what relief the concerned workman is entitled to and from which date?"

1. The reference dates back to 18.06.2002. The second party submitted the statement of claim Ex. 3 on 26.04.2004 and the first party submitted the written statement Ex. 9 on 21.09.2005 along with the documents vide list Ex. 11 including domestic inquiry report. Since then the second party has not been leading evidence. On 22.12.2015, the second party was given last opportunity to lead evidence on 28.04.2016, the second party did not lead evidence on 28.04.2016 and was given further 4 opportunities on 06.09.2016, 21.12.2016, 15.02.2017 and today on 18.04.2017 but today itself, the second party is absent and failed to lead evidence on all the earlier dates and today. Thus, in the said circumstances, the tribunal has no option but to close the evidence of the second party and to dispose of the reference for want of evidence of the second party.

2. Thus in the light of aforesaid circumstances and in the absence of the evidence of the second party, the reference is disposed of with the observation as under: "the action of Deputy General Manager, Corporation Bank, Ahmedabad in ordering dismissal from service to Shri Yogeshkumar J. Shah, Special Assistant w.e.f. 08.06.2001 is legal, proportionate to the fault and justified."

P. K. CHATURVEDI, Presiding Officer —

[

II ] New Delhi, the 8th August, 2017

S.O. 1863.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 130/2006) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Bank of Baroda and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/151/2005-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 24th April, 20174978 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

Reference: (CGITA) No. 130/2006

The General Manager, Bank of Baroda, Mandvi Branch, Baroda (Gujarat)

…First Party

V/s

Shri H.J. Vanker, 111, Shantikunj, Society, Vedtal Road, Bakrol Tehsil, Anand (Gujarat)

…Second Party

For the First Party :

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L- 12012/151/2005-IR(B-II) dated 24.05.2006 referred the dispute for adjudication to the Central Government Industrial Tribunal cum Labour Court, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of Bank of Baroda by terminating the services of the Shri H.J. Vanker is legal and justified? If not, what relief the workman is entitled to and to what extent?"

1. The reference dates back to 24.05.2006. The second party submitted the statement of claim Ex. 7 on 16.10.2008 and the first party submitted the written statement Ex. 9 on 30.01.2009. Since then the second party has been absent and has also not preferred to lead evidence. The tribunal issued fresh notice Ex. 11 to both the parties to appear on 15.03.2011. The second party advocate appeared and informed vide letter Ex. 12 dated 02.01.2017 that he is not able to trace the second party workman. Thus, it appears that the workman is not willing to prosecute the case.

2. Therefore, the reference is disposed of in the absence of the evidence of the second party workman with the observation as under: "the action of the management of Bank of Baroda by terminating the services of the Shri H.J. Vanker is legal and justified."

P. K. CHATURVEDI, Presiding Officer —

[

II ] New Delhi, the 8th August, 2017

S.O. 1864.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 51/2005) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Syndicate Bank and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/18/2005-IR (B-II)]

RAVI KUMAR, Desk OfficerII (ii) 4979

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 25th April, 2017

Reference: (CGITA) No. 51/2005

The Deputy General Manager, Syndicate Bank, Nepture Towers, Opp. Nehru Bridge, Ashram Road, Ahmedabad (Gujarat) – 380009

…First Party

V/s

Shri Jayesh Kumar N. Dave, 16, Akanksha Flats Near Jivraj Bridge, Satellite Road, Ahmedabad (Gujarat) – 380015

…Second Party

For the First Party      :    Shri P.S. Chari
For the Second Party     :    Shri V.H. Dixit

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L- 12012/18/2005-IR(B-II) dated 26.05.2005 referred the dispute for adjudication to the Central Government Industrial Tribunal cum Labour Court, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of the Syndicate Bank, Ahmedabad in awarding punishment of compulsory retirement to Shri Jayesh Kumar N. Dave, Clerk is legal, fair and justified? If not, what relief the workman is entitled to?"

1. The reference dates back to 26.05.2005. The second party submitted the statement of claim Ex. 5 on 05.12.2005 and the first party submitted the written statement Ex. 13 on 26.06.2007. The second party workman submitted his affidavit/examination in chief Ex. 15 on 21.08.2007 but he did not responded for cross-examination since then. On 21.12.2015, the first party counsel informed the tribunal that the workman has expired a year back, therefore, the case was listed for 28.05.2016, 06.09.2016, 20.12.2016 and 21.02.2017 to move applications for substitution of legal heirs of the workman by the advocate of the second party but the advocate of the second party has also been absent since then. Thus it appears that the legal heirs and his advocate are not willing to prosecute the case.

2. Therefore, the reference is disposed of as abate.

P. K. CHATURVEDI, Presiding Officer —

[

II ]4980 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 8th August, 2017

S.O. 1865.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 950/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Syndicate Bank and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/165/1993-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 26th April, 2017

Reference: (CGITA) No. 950/2004

The BranchManager, Syndicate Bank, Kalva Chowk, M.G. Road, Junagadh (Gujarat)

…First Party

V/s

Shri Mulchand Kewalram Karia, C/o H.I. Manavati Hitan, Fatiya, Nagkheda, Junagadh (Gujarat)

…Second Party

For the First Party : Shri P.S. Chari

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/165/93- IR(B-II) dated 24.11.1993 referred the dispute for adjudication to the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the claim of Shri Mulchand Kewalram Karia that he was a workman of Syndicate Bank is justified? If so, whether the action of the management of Syndicate Bank in terminating the services of Shri M.K. Karia, Pegmy agent with effect from 07.12.1990 is justified? What relief, if any, is Shri Karia entitled to?"

1. The reference dates back to 24.11.1993.The second party submitted the statement of claim Ex. 5 on 07.10.1996 and the first party submitted the written statement Ex. 8 on 02.12.1997.

2. Later on creation of Central Government Industrial Tribunal, this tribunal issued notice Ex. 13 to both the parties on 21.03.2011 to appear on 19.04.2011. In response to the notice, Shri P.S. Chari advocate for the first party submitted his vakalatpatra Ex. 14 but none responded for the second party since then. Thus it appears that despite service of fresh notice, the second party is not willing to prosecute the case. Therefore, this tribunal has no option but to dispose of the reference as in non-prosecution of the case by the second party.

3. Thus the reference is disposed of in the absence of the evidence of second party with the observation as under: "the action of the management of Syndicate Bank in terminating the services of Shri M.K. Karia, Pegmy agent with effect from 07.12.1990 is justified."

P. K. CHATURVEDI, Presiding OfficerII (ii) 4981 —

[

II ] New Delhi, the 8th August, 2017

S.O. 1866.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 595/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Syndicate Bank and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/208/1994-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 26th April, 2017

Reference: (CGITA) No. 595/2004

1. The Branch Manager,

Syndicate Bank, Morbi, Rajkot (Gujarat)

2. The Regional Manager,

Syndicate Bank, Neptune Tower, Ashram Road, Ahmedabad (Gujarat)

…First Party

V/s

Shri Pruthviraj Kitangarbhai Chavda, Rajput Sheri, Morbi, Rajkot (Gujarat)

…Second Party

For the First Party : Shri P.S. Chari

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/208/ 94-IR(B-II) dated 29.12.1994 referred the dispute for adjudication to the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of Syndicate Bank, Ahmedabad in dismissing the services of Shri P.K. Chavda, Pigmy Agent w.e.f. 16.10.1991 is justified? If not, what relief is the said workman entitled to?"

1. The reference dates back to 29.12.1994. The second party submitted the statement of claim Ex. 2 on 11.02.1995 and the first party submitted the written statement Ex. 4 on 13.11.1996. To this written statement, the second party submitted the rejoinder Ex. 6 on 10.09.1997 along with number of documents in the Industrial Tribunal Rajkot.

4982 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

2. Later on creation of Central Government Industrial Tribunal, this tribunal issued notice Ex. 19 to both the parties on 04.03.2011 to appear on 21.04.2011. In response to the notice, Shri P.S. Chari advocate for the first party submitted his vakalatpatra Ex. 20 but none responded for the second party since then. Thus it appears that despite service of fresh notice, the second party is not willing to prosecute the case. Therefore, this tribunal has no option but to dispose of the reference as in non-prosecution of the case by the second party.

3. Thus the reference is disposed of in the absence of the evidence of second party with the observation as under: "the action of the management of Syndicate Bank, Ahmedabad in dismissing the services of Shri P.K. Chavda, Pigmy Agent w.e.f. 16.10.1991 is justified."

P. K. CHATURVEDI, Presiding Officer —

[

II ] New Delhi, the 8th August, 2017

S.O. 1867.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 06/2006) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Central Bank of India and their workmen, received by the Central Government on 08.08.2017.

[No. L-12011/124/2005-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 18th April, 2017

Reference: (CGITA) No. 06/2006

The Chief Manager, Central Bank of India, Regional Office, Pension Department, NCL Building, 5th Floor, Bandra Kurla Complex, Bandra (E), Mumbai – 400051

…First Party

V/s

The General Secretary, Central Bank Employees Association, 8, Madhuvan Society, Timalyawad, Nanpura, Surat (Gujarat) – 395001

…Second Party

For the First Party : Shri P.S. Chari

For the Second Party :

II (ii) 4983

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12011/124/2005- IR(B-II) dated 05.01.2006 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of Central Bank of India, Pension Department, Mumbai in not giving pension to Mr. Y.B. Jadav, Ex-armed Guard, who voluntarily retired from service as per Bank's scheme w.e.f. 31.03.2001 is legal, proper and just? If not, to what relief the concerned workman is entitled to?"

3. The reference dates back to 05.01.2006. The second party submitted the statement of claim Ex. 3 on 21.11.2006 and the first party submitted the written statement Ex. 11 on 19.03.2009. Since then the second party has not been responding despite submitting his affidavit Ex. 6 on 29.06.2007 for cross-examination. Thus, it appears that the second party has not been willing to prosecute the case.

4. Therefore, the reference is disposed of in the absence of the evidence of the second party with the observation as under: "the action of the management of Central Bank of India, Pension Department, Mumbai in not giving pension to Mr. Y.B. Jadav, Ex-armed Guard, who voluntarily retired from service as per Bank's scheme w.e.f. 31.03.2001 is legal, proper and just."

P. K. CHATURVEDI, Presiding Officer —

[

II ] New Delhi, the 8th August, 2017

S.O. 1868.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 20/2008) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Bank of Baroda and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/40/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 24th April, 2017

Reference: (CGITA) No. 20/2008

1. The Assistant General Manager,

Bank of Baroda, Regional Office, BOB Building, 2nd Floor, M.G. Road, Rajkot (Gujarat) - 370240

2. The Branch Manager,

Bank of Baroda, Diwanpar Wankar, Rajkot (Gujarat) – 370420

…First Party4984 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

V/s

Shri Jafarsha Hussainsha, Kumbhar Para, Street No. 5, PO Wankaner, Rajkot (Gujarat)

…Second Party

For the First Party       :    Shri V.K. Mashar
For the Second Party      :    Shri P.K.

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/40/ 2008-IR(B-II) dated 18.08.2008/24.06.2010 referred the dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the Regional Manager, Bank of Baroda, Regional Office, Rajkot in not providing employment to Shri Jafarsha Hussainsha, Ex-peon after the date of termination (01.08.2007) is legal and justified? What relief the workman concerned is entitled to?"

1. The reference dates back to 18.08.2008/24.06.2010. The second party workman submitted the statement of claim Ex. 9 on 07.10.2010 along with the documents vide list Ex. 10. The first party submitted the written statement Ex. 13 on 07.03.2012. The second party workman submitted a re-joinder affidavit to the written statement Ex. 15 on 20.11.2013 along with number of documents.

2. The first party also submitted the number of documents vide list Ex. 16 on 06.01.2017 but the second party workman has not been appearing since 24.03.2015. Thus, it appears that the workman is not willing to prosecute the case.

3. Therefore, the reference is disposed of in the absence of the evidence of the second party workman with the observation as under: "the action of the Regional Manager, Bank of Baroda, Regional Office, Rajkot in not providing employment to Shri Jafarsha Hussainsha, Ex-peon after the date of termination (01.08.2007) is legal and justified."

P. K. CHATURVEDI, Presiding Officer —

[

II ] New Delhi, the 8th August, 2017

S.O. 1869.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 64/2005) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad (Gujarat) as shown in the Annexure, in the Industrial Dispute between the management of Bank of Baroda and their workmen, received by the Central Government on 08.08.2017.

[No. L-12012/25/2005-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 27th April, 2017II (ii) 4985

Reference: (CGITA) No. 64/2005

The Chief Manager (CS), Bank of India, Ahmedabad Zone, BOI Building, Bhadra, Ahmedabad (Gujarat)

…First Party V/s

The General Secretary, Bank of India Staff Union, Ahmedabad & Gujarat Branches, Bhadra, Ahmedabad (Gujarat) – 389001

…Second Party For the First Party : Shri D.C. Gandhi Associates

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/25/ 2005-IR(B-II) dated 05.07.2005 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of Bank of India, Ahmedabad to impose the punishment of compulsory retirement from service on Shri K.S. Maheria, Ex.-Agricultural Assistant is legal and justified? If not, what relief the workman is entitled to and to what extent?"

1. The reference dates back to 05.07.2005. The second party submitted the statement of claim Ex. 4 on 13.06.2005 and the first party submitted the written statement Ex. 6 on 11.02.2007. Since then the second party has failed to lead evidence despite giving dozens of opportunities. Thus it appears that the second party is not willing to prosecute the case.

2. Therefore, the reference is disposed of in the absence of the evidence of the second party with the observation as under : "the action of the management of Bank of India, Ahmedabad to impose the punishment of compulsory retirement from service on Shri K.S. Maheria, Ex.-Agricultural Assistant is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 8 अगस्त, 2017

का.आ. 1870.—के न्द्रीय सरकार, कर्मचारी राज्य बीमा अधिनियम, 1948 (1948 का 34) की धारा 91-क के साथ पठित धारा 88 द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए एतद्द्वारा ‎ हिंदुस्तान कीटनाशकों लिमिटेड, रासायनि (महाराष्ट्र), भटिंडा (पंजाब) यूनिट्स के कारखानों/स्थापनाओं के नियमित कर्मचारियों को इस अधिनियम के प्रवर्तन से छू ट प्रदान करती है। यह छू ट, अधिसूचना जारी होने की तारीख से एक वर्ष की अवधि के लिए लागू रहेगी ।

2. उक्त छू ट निम्नलिखित शर्तों के अधीन है; अर्थात्:-

(1) पूर्वोक्त स्थापना जिसमें कर्मचारी नियोजित हैं, एक रजिस्टर रखेगी, जिसमें छू ट प्राप्त कर्मचारियों के नाम और पदनाम दिखाये जायेंगे;

(2) इस छू ट के होते हुए भी, कर्मचारी उक्त अधिनियम के अधीन ऐसी प्रसुविधाएं प्राप्त करते रहेंगे जिनको पाने के लिए वे इस अधिसूचना द्वारा दी गई छू ट के प्रवृत्त होने की तारीख से पूर्व संदत्त अंशदानों के आधार पर हकदार हो जाते हैं;

(3) छू ट प्राप्त अवधि के लिए, यदि कोई अभिदाय पहले ही किए जा चुके हों, तो वे वापस नहीं किए जाएंगे;

(4) उक्त कारखाने/स्थापना का नियोजक उस अवधि की बाबत जिसके दौरान उस कारखाने/स्थापना पर उक्त अधिनियम (जिसे इसमें इसके पश्चात उक्त अवधि कहा गया है) प्रवतर्मान था ऐसी विवरणियां, ऐसे प्रारूप में और ऐसी विशिष्टियों सहित देगा जो कर्मचारी राज्य बीमा (साधारण) विनियम, 1950 के अधीन उसे उक्त अवधि की बाबत देनी अपेक्षित होती थीं;

4986 THE GAZETTE OF INDIA : AUGUST 12, 2017/SRAVANA 21, 1939 [PART II—SEC. 3(ii)]

(5) निगम द्वारा उक्त कर्मचारी राज्य बीमा अधिनियम की धारा 45 की उप-धारा (1) के अधीन नियुक्त किया गया कोई निरीक्षक या निगम का इस निमित्त प्राधिकृ त कोई अन्य पदधारी;

(i) धारा 44 की उप-धारा (1) के अधीन, उक्त अवधि की बाबत दी गई किसी विवरण की विशिष्टयों को सत्यापित करने के प्रयोजनार्थ; अथवा

(ii) यह अभिनिश्चित करने के प्रयोजनार्थ कि कर्मचारी राज्य बीमा (साधारण) विनियम, 1950 द्वारा यथाअपेक्षित रजिस्टर और अभिलेख उक्त अवधि के लिए रखे गये थे या नहीं; या

(iii) यह अभिनिश्चित करने के प्रयोजनार्थ कि कर्मचारी, नियोजक द्वारा दिये गए उन फायदों को, जिसके फलस्वरूप इस अधिसूचना के अधीन छू ट दी जा रही है, नकद में और वस्तु रूप में पाने का हकदार बना हुआ है या नहीं; या

(iv) यह अभिनिश्चित करने के प्रयोजनार्थ कि उस अवधि के दौरान, जब उक्त कारखाने के संबंध में अधिनियम के उपबंध प्रवृत्त थे, ऐसे किन्हीं उपबंधों का अनुपालन किया गया था या नहीं, निम्नलिखित कार्य करने के लिए सशक्त होगा:-

(क) प्रधान या आसन्न नियोजक से अपेक्षा करना कि वह उसे ऐसी जानकारी दे जिसे उपरोक्त निरीक्षक या अन्य पदधारी आवश्यक समझता है ; अथवा

(ख) ऐसे प्रधान या आसन्न नियोजक के अधिभोगाधीन, किसी कारखाने, स्थापना, कार्यालय या अन्य परिसर में किसी भी उचित समय पर प्रवेश करना और उसके प्रभारी से यह अपेक्षा करना कि वह व्यक्तियों के नियोजन और मजदूरी के संदाय से संबंधित ऐसे लेखा, बहियां और अन्य दस्तावेज, ऐसे निरीक्षक या अन्य पदधारी के समक्ष प्रस्तुत करें और उनकी परीक्षा करने दें या ऐसी जानकारी दें जिसे वे आवश्यक समझते हैं; या

(ग) प्रधान या आसन्न नियोजक की, उसके अभिकर्ता या सेवक की, या ऐसे किसी व्यक्ति को, जो ऐसे कारखाने, स्थापना, कार्यालय या अन्य परिसर में पाया जाए, यह विश्वास करने का युक्तियुक्त कारण है कि वह कर्मचारी है, परीक्षा करना; या

(घ) ऐसे कारखाने, स्थापना, कार्यालय या अन्य परिसर में रखे गए किसी रजिस्टर, लेखा, बही या अन्य दस्तावेज की नकल तैयार करना या उद्धरण लेना;

(ङ) यथानिर्धारित अन्य शक्तियों का प्रयोग करना ।

(6) विनिवेश/निगमीकरण के मामले में, प्रदत्त छू ट स्वत: रद्द हो जाएगी और तब नए प्रतिष्ठान को छू ट हेतु समुचित सरकार की अनुमति लेनी होगी।

[सं. एस-38014/12/2013-एस.एस.-I]

अजय मलिक, अवर सचिव

New Delhi, the 8th August, 2017

S.O. 1870.—In exercise of the power conferred by Section 88 read with Section 91-A of the Employees' State Insurance Act, 1948 (34 of 1948) the Central Government hereby exempts the regular employees of factories/establishments of Hindustan Insecticides Ltd., Rasayani (Maharashtra) and Bhatinda (Punjab) units from the operation of the said Act. The exemption shall be effective for a period of one year from the date of issue of notification.

2. The above exemption is subject to the following conditions namely:-

(1) The aforesaid establishments wherein the employees are employed shall maintain a register showing the name and designations of the exempted employees';

(2) Not withstanding this exemption, the employees shall continue to receive such benefits under the said Act to which they might have become entitled to on the basis of the contributions paid prior to the date from which exemption granted by this notification operates;

II (ii) 4987

(3) The contributions for the exempted period, if already paid, shall not be refundable;

(4) The employer of the said factory/establishment shall submit in respect of the period during which that factory was subject to the operation of the said Act (hereinafter referred as the said period), such returns in such forms and containing such particulars as were due from it in respect of the said period under the Employees' State Insurance (General) Regulations, 1950;

(5) Any Social Security Officer appointed by the Corporation under Sub-Section (1) of Section 45 of the said ESI Act or other official of the Corporation authorized in this behalf by it, shall, for the purpose of :-

(i) Verifying the particulars contained in any returned submitted under sub-section (1) of section 44 for the said period; or

(ii) Ascertaining whether registers and records were maintained as required by the Employees' State Insurance (General) Regulations, 1950 for the said period; or

(iii) Ascertaining whether the employees continue to be entitled to benefits provided by the employer in cash and kind being benefits in consideration of which exemption is being granted under this notification; or

(iv) Ascertaining whether any of the provisions of the Act had been complied with during the period when such provisions were in force in relation to the said factory to be empowered to:

(a) require the principal or immediate employer to him such information as he may consider necessary for the purpose of this Act; or

(b) at any reasonable time enter any factory, establishment, office or other premises occupied by such principal or immediate employer at any reasonable time and require any person found in charge thereof to produce to such inspector or other official and allow him to examine accounts, books and other documents relating to the employment of personal and payment of wages or to furnish to him such information as he may consider necessary; or

(c) examine the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises or any person whom the said inspector or other official has reasonable cause to believe to have been an employee ; or

(d) make copies of or take extracts from any register, account book or other document maintained in such factory, establishment, office or other premises,

(e) exercise such other powers as may be prescribed.

(6) In case of disinvestment/corporatization, the exemption granted shall become automatically cancelled and then the new entity will have to approach the appropriate Government for exemption.

[No. S-38014/12/2013-SS-I]

AJAY MALIK, Under Secy.

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.

Cite this issue. Weekly Gazette of India, Government of India, 12 August 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.w.2017-08-12.178626/. Archive identifier in.gazette.central.w.2017-08-12.178626.