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Published 26 August 2017

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रजिस्ट्री सं. डी. एल. ;एनद्ध 04/0007/2003—05 REGD. No. D. L. (N) 04/0007/2003—05

प्राध्किार से प्रकाशित

PUBLISHED BY AUTHORITY

साप्ताहिक WEEKLY

सं. 34] नई दिल्ली, अगस्त 20—अगस्त 26, 2017, शनिवार/श्रावण 29—भाद्र 4, 1939

No. 34] NEW DELHI, AUGUST 20—AUGUST 26, 2017, SATURDAY/ SRAVANA 29—BHADRA 4, 1939

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह पृथक संकलन के रूप में रखा जा सके

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

भाग II—खण्ड 3—उप-खण्ड ;iiद्ध

PART II—Section 3—Sub-section (ii)

भारत सरकार के मंत्राालयों ;रक्षा मंत्राालय को छोड़करद्ध द्वारा जारी किए गए सांविध्कि आदेश और अध्सिूचनाएं

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

(Other than the Ministry of Defence)

स्वास्वास्वास्वास्थ्यस्थ्यस्थ्यस्थ्य एवं परिवार कल्या एवं परिवार कल्या एवं परिवार कल्या एवं परिवार कल्याण मंत्रालयण मंत्रालयण मंत्रालयण मंत्रालय

(स्वा(स्वा(स्वा(स्वास्थ्यस्थ्यस्थ्यस्थ्य एवं परिवार कल्या एवं परिवार कल्या एवं परिवार कल्या एवं परिवार कल्याण िवभाग)ण िवभाग)ण िवभाग)ण िवभाग)

नई दिल्ली, 17 अगस्त, 2017

का.आ.का.आ.का.आ.का.आ. 1957195719571957....————जबकि भारतीय आयु(cid:22)व(cid:24)ान परिषद (संशोधन) अध्यादेश, 2013 की धारा 3क की उप-धारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 1ए दिनांक 5 नवंबर, 2013 को भारतीय आयु(cid:22)व(cid:24)ान परिषद का पुनर्गठन किया गया था।

और जबकि भारतीय आयु(cid:22)व(cid:24)ान अधिनियम, 1956 (1956 का 102) की धारा 3 की उप-धारा (1) के खंड (ख) के अनुसरण में तथा संबंधित विश्वविद्यालय द्वारा सूचित अनुसार कें >ीय सरकार निम्निलिखत को भारतीय आयु(cid:22)व(cid:24)ान परिषद के सदस्य के रूप में इस अधिसूचना के जारी होने से पांच वर्ष की अवधि के लिए नामित करती है।

अब, इसिलए, उपयु र्क्त अधिनियम की धारा 3 की उप-धारा (1) के प्रावधान के अनुसरण में कें > सरकार एतFारा भारत सरकार तत्कालीन स्वास्थ्य मंत्रालय के दिनांक 9 जनवरी, 1960 की अधिसूचना संख्या का.आ. सं.138 में निम्न संशोधन करती है, नामत:

4913 GI/2017

(5195)5196 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] स्वास्थ्य एवं परिवार कल्याण मंत्रालय, भारत सरकार की दिनांक 6 नवंबर, 2013 की का.आ. 3325 (अ) की अधिसूचना तथा इसमें किए गए संशोधनों में अंतिम प्रविष्टि के बाद तथा इससे संबंधित प्रविष्टि में निम्निलिखत को शािमल किया जाए, नामत:

Q.सं. विश् वविद्यालय का नाम नामित सदस् य का िववरण चयन प्रQिया
48. वीर कु ं वर सिह विश् वविद्यालय, आरा, िबहार डॉ. िवजय शंकर सिह, 0/85, डॉक्टर्स कॉलोनी, कं करबाग, पटना | निवरोध निर्वाचित

[सं. वी-11013/02/2016-एमईपी]

अिमत बिस्वास, अवर सिचव

MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health and Family Welfare)

New Delhi, the 17th August, 2017

S.O. 1957.—Whereas on 05th November, 2013, the Medical Council of India was re-constituted in exercise of the powers conferred by sub-section (1) of section 3A of the Indian Medical Council (Amendment) Ordinance, 2013;

And, whereas the Central Government, in pursuance of Clause (b) of sub-section (1) of section 3 of the Indian Medical Council Act, 1956 (102 of 1956) and as informed by the respective university, the following has been elected to be a member of the Medical Council of India for a period of five years with effect from the date of issue of this notification.

Now, therefore, in pursuance of the provision of sub-section (1) of Section 3 of the said Act, the Central Government hereby makes the following amendment in the Notification of the Government of India in the then Ministry of Health number S.O. 138 dated 9th January, 1960, namely:-

In the notification of the Government of India in the Ministry of Health & Family Welfare number S.O. 3325(E) dated 06th November, 2013 and amendments thereto, after the last entry and entry relating thereto, the following shall be inserted, namely:

S. No. Name of the University Details of the Elected Member Mode of Election
48. Veer Kunwar Singh University, Ara, Bihar Dr. Vijay Shankar Singh, 0/85, Doctor's Colony, Kankarbagh Patna. Elected uncontested.

[No. V-11013/02/2016-MEP]

AMIT BISWAS, Under Secy.

पेपेपेपेट्रोलियम और प्राकृ तिक गैस मंत्रालय ट्रोलियम और प्राकृ तिक गैस मंत्रालय ट्रोलियम और प्राकृ तिक गैस मंत्रालय ट्रोलियम और प्राकृ तिक गैस मंत्रालय

नई दिल्ली, 18 अगस्त, 2017

)भूमि में उपयोग के अधिकार का अर्जन (अिधिनयम , का.आ.का.आ.का.आ.का.आ. 1958195819581958....————के न्(cid:16)ीय सरकार, पेट्रोलियम एवं खनिज पाइपलाइन

1962 )1962 का 50( , की धारा (क) के खंड (2) के अनुसरण में, नीचे दी गई अनुसूची के स्तंभ 1 में उल्लिखित *क्ति को, उक्त अनुसूची के स्तंभ 2 में की तत्स्थानी प्रविष्टि में उल्लिखित क्षेत्र के संबंध मे उक्त अधिनियम के अधीन सक्षम प्राधिकारी के कृ त्यों का निर्वहन करने के लिए प्राधिकृ त करती है, अर्थात :—

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5197

प्राधिकारी का नाम और पता

अधिकारिता का क्षेत्र

( 1)

( 2 )

झारखंड राज्य

9ी अजय सिह बड़ाईक ( झा. प्र. से. )

सक्षम प्राधिकारी

इंडियन ऑयल कॉपBरेशन लिमिटेड

पारादीप हल्दिया दुर्गापुर एल. पी. जी. पाइपलाइन ऑगमेंटेशन एवं

18" हल्दिया बरौनी प्रोडक्ट पाइपलाइन परियोजना

देवघर पैलेस , तीसरा तल , वी आई पी चौक

जसीडीह, देवघर - 814 142 (झारखंड )

यह अधिसूचना जारी होने की तारीख से लागू होगी |

[फा. सं. आर-25011/14/2012/48578-ओआर-I (पार्ट)]

पवन कु मार, अवर सिचव

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 18th August, 2017

S.O. 1958.—In pursuance of Clause (a) of Section 2 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act,1962 (50 of 1962), the Central Government hereby authorizes the person mentioned in column ( 1 ) of the Schedule given below to perform the functions of the Competent Authority under said Act, in respect of the area mentioned in column ( 2 ) of the Schedule :-.

SCHEDULE

Name and address of the Authority

Area of Jurisdiction

( 1)

( 2 )

Shri Ajay Singh Baraik, JAS

State of Jharkhand

Competent Authority

Indian Oil Corporation Limited

Augmentation of Paradip Haldia Durgapur LPG Pipeline

And 18"Haldia Barauni Product Pipeline Projects

" Deoghar Palace" , 3rd Floor, VIP Chowk,

Jasidih, Deoghar - 814 112 (Jharkhand )

This notification is applicable from the date of issue.

[F. No. R-25011/14/2012/48578-OR-I (Pt.)]

PAWAN KUMAR, Under Secy.

5198 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

नई दिल्ली, 21 अगस्त, 2017

का.आ.का.आ.का.आ.का.आ. 1959195919591959....————के न्(cid:16)ीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पारादीप (ओिड़शा) से हैदराबाद (तेलंगाना) तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपBरेशन लिमिटेड के द्वारा "पारादीप-हैदराबाद पाइपलाइन" िबछाई जानी चािहए;

और के न्(cid:16)ीय सरकार को ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए यह आवश्यक प्रतीत होता है कि ऐसी भूमि मे जो इस से उपाबM अनुसूची में वNणत है और िजस में उक्त पाइपलाइन बिछाऐ जाने का प्रस्ताव है, उपयोग के अधिकार का अर्जन किया जाए;

अत: अब, के न्(cid:16)ीय सरकार, पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अिधिनयम,1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते Pए, उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई *क्ति, जो उक्त अनुसूची में वNणत भूमि में हितबM है, उस तारीख से िजसको इस अधिसूचना से युक्त भारत के राजपत्र की प्रतियाँ साधारण जनता को उपलब्ध करा दी जाती है, इUीस दिन के भीतर भूिम के नीचे पाइपलाइन िबछाए जाने के िलए उस में उपयोग के अधिकार के अर्जन के सम्बन्ध में 9ी दिल्लीप कु मार महांित, सक्षम प्राधिकारी, इंडियन ऑयल कॉपBरेशन लिमिटेड, पारादीप - हैदराबाद पाइपलाइन परियोजना, तृतीय तल, आलोक भारती टावर ,शहीद नगर,भुवनेश्वर -751007, ओड़िशा को लिखित रूप में आक्षेप भेज सके गा I

अनुसूचीअनुसूचीअनुसूचीअनुसूची

तहसील - ओडगाँ िजला - नयागढ़ राज्य -ओिड़शा
गाँव का नाम प्लॉट नं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
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706 00 07 41 684 00 01 80 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5199
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93 00 02 61 110 00 09 07 5200 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
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256 00 00 14 253 00 02 65 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5201
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644 00 02 85 640 00 00 10 5202 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
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351 00 01 49 340 00 02 28 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5203
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  249                  00        06          24
  250                  00        06          21
255/2339               00        00          10
  255                  00        04          20
  254                  00        03          60
  244                  00        12          36
253/2451               00        01          03
  243                  00        00          27
  239                  00        04          60
  238                  00        00          10
  241                  00        01          81
  240                  00        04          41
  297                  00        00          41
  299                  00        06          47
  232                  00        04          32
  302                  00        08          25
  231                  00        00          11
  301                  00        01          00
  303                  00        05          40
  305                  00        02          75
  306                  00        06          90
  462                  00        01          17
  465                  00        01          44
466 00 01 28 464 00 00 13 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5205
1 2 3 4 5
गोलगाँ                    1474/2388              00         02         02
                            1357                 00         05         31
                            1372                 00         01         87
                          1372/2415              00         04         92
                            1358                 00         00         83
                            1359                 00         03         29
                            1371                 00         00         69
                            1370                 00         02         51
                            1360                 00         03         31
                            1369                 00         04         62
                            1377                 00         00         10
                            1378                 00         05         84
                            1380                 00         01         82
                            1379                 00         00         10
                            1381                 00         01         70
                            1331                 00         00         80
                            1330                 00         03         01
                            1329                 00         03         28
                            1328                 00         09         72
                            1327                 00         02         07
                            1317                 00         04         14
                            1322                 00         00         10
                            1319                 00         02         63
                            1320                 00         01         42
                            1306                 00         03         48
                            1305                 00         06         32
                            1303                 00         09         41
                            1293                 00         02         53
                            1292                 00         01         77
                            1291                 00         01         06
                            1443                 00         02         02
                            1282                 00         05         34
                            1281                 00         01         52
                            1452                 00         03         84
                            1453                 00         08         50
                          1267/2378              00         01         40
1267 00 07 34 1266 00 01 41 5206 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                            1264                 00         02          79
                            1265                 00         02          47
                            1261                 00         00          37
                            1248                 00         03          16
                            1245                 00         08          62
                            1237                 00         05          46
                            1238                 00         01          39
                            1239                 00         01          13
                            1234                 00         07          96
                            1233                 00         07          30
                            1232                 00         03          40
                              1                  00         02          52
धुसुमा                      1564                 00         03          28
                          1522/1654              00         03          58
                            1521                 00         00          74
                            1520                 00         06          78
                            1523                 00         06          45
                            1517                 00         00          39
                          1517/1864              00         00          67
                            1524                 00         05          92
                          1514/1753              00         00          54
                            1514                 00         00          34
                            1525                 00         02          49
                            1513                 00         02          51
                          1526/1608              00         00          16
                            1526                 00         01          82
                          1527/1789              00         01          60
                          1527/1788              00         03          17
                            1527                 00         07          02
                          1512/1610              00         00          10
                            1511                 00         02          88
                             687                 00         02          38
                             688                 00         00          18
                          688/1592               00         00          15
                             678                 00         01          36
                             686                 00         05          81
679 00 02 10 677 00 05 74 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5207
1 2 3 4 5
                              673                 00         02         49
                              672                 00         01         34
                              671                 00         00         90
                              674                 00         00         10
                              621                 00         04         61
                              624                 00         06         97
                              622                 00         03         32
                              623                 00         07         32
                              628                 00         03         39
                              619                 00         03         14
                              610                 00         14         24
                              629                 00         01         04
                              609                 00         04         40
                           608/1676               00         00         97
                              608                 00         05         34
                           608/1677               00         03         48
                           608/1678               00         00         10
                              607                 00         07         81
                           566/1653               00         00         10
                              606                 00         02         60
                              576                 00         04         64
                              573                 00         00         10
                              574                 00         00         70
                              575                 00         01         79
                              572                 00         00         10
                              577                 00         04         93
                              585                 00         00         10
                              578                 00         02         59
                              579                 00         00         10
                              580                 00         05         77
                              581                 00         02         34
                              524                 00         01         32
                              525                 00         00         89
                              523                 00         01         37
                              522                 00         00         34
                              521                 00         00         16
िशखर पुर                     2711                 00         00         87
2710 00 04 19 5208 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  2704                 00         00          10
  2708                 00         07          68
  2707                 00         00          82
  2722                 00         05          10
  2706                 00         04          36
  2686                 00         08          41
2686/4884              00         02          66
  2683                 00         00          82
  2688                 00         00          18
  2687                 00         03          78
  2672                 00         05          25
  2668                 00         07          55
  2664                 00         08          19
  2665                 00         13          08
921/4240               00         01          92
   921                 00         01          50
   912                 00         02          92
   909                 00         00          10
909/4388               00         00          10
   910                 00         00          48
910/4652               00         00          65
910/4842               00         00          57
   911                 00         06          34
911/4902               00         03          09
   915                 00         03          01
   917                 00         02          82
917/4392               00         03          15
   837                 00         02          96
   838                 00         02          18
   836                 00         00          82
838/4386               00         01          86
   841                 00         04          28
   842                 00         02          65
   843                 00         00          14
843/4387               00         03          37
   846                 00         05          07
   851                 00         13          26
856 00 02 57 854 00 01 18 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5209
1 2 3 4 5
  859                  00        05          78
  817                  00        02          27
  813                  00        01          63
  814                  00        01          82
  815                  00        02          41
  816                  00        02          52
  770                  00        03          13
  771                  00        00          48
770/4272               00        00          33
  772                  00        00          86
  783                  00        00          50
  782                  00        08          80
  779                  00        00          13
  778                  00        03          37
  777                  00        03          32
  775                  00        00          10
  776                  00        07          35
776/4362               00        05          09
  787                  00        00          49
  698                  00        05          31
  560                  00        07          86
  565                  00        02          15
  556                  00        00          10
556/4661               00        00          10
  555                  00        08          05
  566                  00        02          02
  553                  00        05          23
552/4074               00        00          15
  552                  00        05          85
  551                  00        00          81
  547                  00        07          97
  548                  00        00          41
  2916                 00        00          10
  545                  00        01          21
  546                  00        04          25
  544                  00        02          35
544/4898               00        06          53
539 00 01 96 2934 00 04 30 5210 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                            538/4267               00        02          58
                             2936                  00        05          31
                             2950                  00        05          25
                             2949                  00        00          91
                             2951                  00        03          25
                             2952                  00        06          54
                             2954                  00        02          27
                             2955                  00        01          89
                             2956                  00        00          10
                           2956/4782               00        00          10
                             2957                  00        07          67
                             2966                  00        01          20
                             2965                  00        12          67
                             2970                  00        06          30
                           2972/4270               00        01          51
                           2971/4250               00        00          18
                           2972/4151               00        07          98
                             2973                  00        13          56
                             2972                  00        01          78
                             2984                  00        02          58
                             2985                  00        03          29
                             3008                  00        05          88
                             3009                  00        13          21
                             3020                  00        00          74
                             3010                  00        00          30
                             3019                  00        05          37
                           3019/4834               00        02          28
                           3019/4835               00        02          38
                             3018                  00        19          20
असुरढिपा                      633                  00        02          48
                            633/1321               00        02          80
                              634                  00        10          19
                              641                  00        00          80
                              644                  00        02          79
                              643                  00        00          92
                              646                  00        03          78
645 00 01 47 649 00 02 60 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5211
1 2 3 4 5
                              648                 00         00         22
                              683                 00         02         50
                              684                 00         03         08
                              685                 00         00         55
                              682                 00         02         32
                              679                 00         01         90
                              678                 00         01         59
                              680                 00         00         57
                              677                 00         05         56
                              676                 00         01         09
                              675                 00         01         97
                              669                 00         03         79
                              670                 00         02         26
                              673                 00         00         10
                              671                 00         02         03
                              662                 00         02         68
                              661                 00         08         18
                              750                 00         03         05
                              759                 00         02         46
                              758                 00         00         34
                              805                 00         08         44
                              804                 00         00         47
                              806                 00         13         07
                              814                 00         15         17
                              808                 00         02         19
                              809                 00         00         10
                              815                 00         05         74
                              798                 00         00         10
                           798/1323               00         00         10
                              816                 00         02         87
                              817                 00         11         36
                           877/1232               00         01         21
हरिहरपुर                   2136/2162              00         01         02
                             2022                 00         01         33
                             2023                 00         23         38
                             2021                 00         00         10
1873 00 03 30 1874 00 04 58 5212 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  1867                 00         03          78
  1859                 00         00          11
  1860                 00         10          54
  1861                 00         02          50
  1862                 00         01          99
  1850                 00         05          31
1850/2620              00         00          85
  1853                 00         01          69
  1847                 00         02          65
  1846                 00         03          73
  1854                 00         00          19
1854/2669              00         01          10
  1855                 00         01          43
  1844                 00         01          87
  1720                 00         03          38
   984                 00         04          94
   985                 00         00          85
   986                 00         02          77
   987                 00         05          80
   983                 00         00          84
983/2550               00         00          27
983/2562               00         00          28
983/2593               00         00          27
983/2594               00         00          28
983/2769               00         00          46
   998                 00         04          83
   999                 00         00          80
  1002                 00         05          84
  1001                 00         03          94
1001/2380              00         03          52
   923                 00         00          95
   924                 00         04          17
   920                 00         03          56
924/2190               00         01          39
   919                 00         01          93
919/2657               00         01          78
   925                 00         02          27
917 00 07 05 909 00 06 35 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5213
1 2 3 4 5
                                913                  00         00         10
                                911                  00         03         29
                                912                  00         01         38
                                900                  00         02         15
                                899                  00         06         47
                                898                  00         05         48
                              878/2383               00         02         80
                              878/2204               00         02         42
                              878/2384               00         01         80
                                879                  00         00         16
                              777/2257               00         00         10
                                877                  00         06         89
                                876                  00         04         60
                              875/2213               00         06         97
                             1054/2207               00         00         10
                              875/2214               00         04         68
                              874/2373               00         04         65
                             1054/2361               00         00         97
                                874                  00         05         11
                              874/2372               00         00         42
                                1060                 00         14         57
                                1065                 00         02         98
                                873                  00         00         76
                              873/2535               00         01         48
                                1066                 00         08         89
                                872                  00         00         46
                              872/2503               00         00         17
                             1067/2379               00         00         88
                                1067                 00         05         16
                                1068                 00         00         10
                                1069                 00         00         22
करड़ारघुनाथपुर                 707/768                00         00         67
                                708                  00         15         58
                                721                  00         07         64
                                722                  00         07         86
                                724                  00         03         40
725 00 07 62 658 00 04 41 5214 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  661                 00         01         07
  664                 00         04         19
  662                 00         04         97
  663                 00         00         89
  643                 00         06         03
  439                 00         00         10
  440                 00         04         75
  436                 00         05         82
  435                 00         03         83
  433                 00         04         16
  432                 00         04         35
432/790               00         02         72
  394                 00         03         41
  392                 00         00         62
  393                 00         06         17
  364                 00         07         41
  363                 00         10         59
  351                 00         02         68
  350                 00         09         84
  334                 00         00         38
  338                 00         02         27
  339                 00         05         09
  340                 00         01         67
  341                 00         06         77
  321                 00         00         26
321/833               00         00         42
321/844               00         00         93
321/845               00         01         00
321/846               00         01         01
321/847               00         00         84
  242                 00         01         12
  240                 00         01         40
  122                 00         00         75
  121                 00         04         43
  118                 00         01         18
  120                 00         01         84
  119                 00         00         99
65 00 02 29 66 00 02 73 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5215
1 2 3 4 5
                             73                  00        00          42
                             74                  00        00          27
                             78                  00        01          87
                           80/737                00        04          90
                             80                  00        03          63
                             91                  00        04          02
                             90                  00        03          42
                             88                  00        02          04
                             89                  00        01          82
बड़पुट                       629                  00        07          94
                            624                  00        03          31
                            623                  00        03          61
                            622                  00        00          38
                            620                  00        03          79
                            621                  00        00          10
                            619                  00        00          91
                            618                  00        06          28
                            617                  00        03          67
                            647                  00        00          10
                            580                  00        01          13
                            581                  00        03          36
                            569                  00        00          81
                            582                  00        01          06
                            567                  00        03          65
                            564                  00        09          52
                            565                  00        00          11
                            387                  00        03          59
                            386                  00        02          28
                            388                  00        00          10
                            385                  00        02          77
                            382                  00        03          04
                            413                  00        08          26
                            419                  00        01          69
                            418                  00        11          74
                            420                  00        00          10
                            421                  00        05          49
357 00 01 83 356 00 02 44 5216 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  355                  00        01          51
  426                  00        04          69
  343                  00        05          68
343/1832               00        02          73
  339                  00        01          48
  340                  00        01          56
  342                  00        00          10
  341                  00        04          27
  337                  00        00          10
  335                  00        04          54
  334                  00        00          47
  323                  00        02          47
  302                  00        02          62
  303                  00        08          92
  304                  00        01          17
  191                  00        03          85
  195                  00        02          33
  194                  00        01          16
  193                  00        00          26
184/2044               00        01          80
  192                  00        01          27
  185                  00        00          68
  184                  00        03          57
185/2066               00        00          39
175/1869               00        05          49
  176                  00        06          49
  211                  00        10          98
  213                  00        05          31
  214                  00        01          19
   14                  00        13          59
   12                  00        06          50
012/2251               00        05          00
   61                  00        17          02
   75                  00        00          60
 73/1988               00        00          27
   74                  00        04          91
   71                  00        05          60
76 00 07 61 95 00 00 12 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5217
1 2 3 4 5
                              77                  00        01          38
                              90                  00        02          25
                              88                  00        00          93
                              87                  00        06          59
                              92                  00        00          10
                              86                  00        01          40
मPलिआ                        1058                 00        14          49
                          1059/1405               00        00          39
                          1061/1403               00        08          75
                             1061                 00        07          55
                             1072                 00        00          12
                             1070                 00        03          53
                             1069                 00        02          00
                             1067                 00        02          21
                             1068                 00        01          34
                             1052                 00        01          39
                             1035                 00        00          13
                             1036                 00        01          22
                          1036/1662               00        02          58
                             1040                 00        00          59
                             1042                 00        10          17
                          1043/1414               00        00          68
                             1043                 00        03          11
                             1041                 00        04          16
                          1043/1413               00        03          46
                           548/1408               00        03          01
                           548/1409               00        00          27
                             548                  00        01          29
                           548/1617               00        00          80
                             542                  00        02          65
                             543                  00        04          54
                           541/1559               00        00          60
                             541                  00        04          48
                             438                  00        00          35
                             440                  00        00          33
                           440/1392               00        02          22
444 00 01 56 443 00 01 15 5218 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                              451                  00        01          12
                              452                  00        00          48
                              455                  00        03          37
                              483                  00        02          97
                              481                  00        00          53
                              480                  00        04          70
                              489                  00        01          06
                              479                  00        01          86
                              478                  00        01          77
                              475                  00        00          10
                            477/1461               00        05          70
                              477                  00        00          79
                            477/1462               00        08          87
                              468                  00        00          10
                              293                  00        11          71
                              258                  00        02          76
                              259                  00        03          40
                              270                  00        00          10
                              263                  00        00          13
                            259/1525               00        01          87
                              262                  00        00          17
                              261                  00        03          15
                              260                  00        00          68
                            261/1540               00        00          10
के न्दुपलि                    80                   00        01          28
                             80/688                00        00          10
                              81                   00        05          90
                              79                   00        00          10
                              82                   00        02          75
                              83                   00        00          79
                              84                   00        00          18
                              78                   00        11          29
                              77                   00        14          90
नन्दिघोर                     2620                  00        01          89
                             2625                  00        04          78
2624 00 03 72 2623 00 07 15 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5219
1 2 3 4 5
  2596                 00         11         96
  2595                 00         00         10
  2580                 00         08         48
  2567                 00         00         10
  2581                 00         03         58
  2565                 00         08         96
  2563                 00         05         45
  2566                 00         00         10
2566/4584              00         00         10
  2564                 00         00         33
  2557                 00         07         87
  2556                 00         03         54
  2554                 00         01         56
  2553                 00         00         36
  2551                 00         00         10
2551/4585              00         00         10
  2550                 00         02         82
  2547                 00         04         56
  2546                 00         00         23
  2544                 00         00         17
2544/4329              00         00         16
  2545                 00         03         43
  2537                 00         02         20
  2539                 00         03         18
  2538                 00         00         88
  2540                 00         02         58
  2535                 00         01         33
2535/3497              00         01         55
  2534                 00         02         53
  2533                 00         04         84
  2531                 00         07         31
  2532                 00         01         40
  2508                 00         06         08
  2509                 00         03         20
  2517                 00         02         52
  2516                 00         00         89
  2510                 00         06         33
2512 00 03 31 2513 00 06 03 5220 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                             2496                 00         08          68
                             2495                 00         03          46
                             462                  00         09          95
                           462/3762               00         04          03
                             456                  00         01          31
                           456/4370               00         01          76
                           456/4484               00         01          47
                           456/4405               00         01          35
                             457                  00         01          50
                             453                  00         04          89
                             452                  00         08          32
                           450/3908               00         01          20
                           450/3909               00         04          33
                             450                  00         01          75
                           450/4464               00         01          25
                             449                  00         07          48
                             399                  00         08          76
                             398                  00         01          37
                             397                  00         01          85
                             393                  00         09          10
                             392                  00         06          47
                           380/3832               00         00          76
                            10.3906               00         07          59
                              12                  00         05          31
                              47                  00         00          15
                              46                  00         00          97
                              45                  00         03          77
                              21                  00         10          73
                              44                  00         00          13
                            20/3705               00         00          10
                              20                  00         05          43
                            20/3704               00         01          86
                              19                  00         00          43
                              16                  00         10          04
                              15                  00         06          30
                              1                   00         03          81
ओस्तिआ                       147                  00         07          90
                            153/661               00         02          70
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5221
1 2 3 4 5
                              144                 00         01         83
                              155                 00         00         42
                              143                 00         05         84
                              142                 00         00         66
                              141                 00         04         84
                              127                 00         00         10
                            127/759               00         00         10
                              140                 00         00         56
                              134                 00         02         91
                              128                 00         00         82
                              133                 00         05         55
                              131                 00         00         10
                              129                 00         06         63
                              130                 00         10         44
                              91                  00         02         27
                              163                 00         04         17
                              90                  00         02         46
                            90/761                00         02         47
                              88                  00         01         93
                            89/745                00         02         35
                              89                  00         07         39
                              86                  00         02         68
                              67                  00         01         34
                              68                  00         01         88
                              69                  00         03         39
                              71                  00         04         63
                              72                  00         09         02
रगिड़मड़ा                       676                 00         03         40
                              675                 00         16         63
                              607                 00         00         15
                              615                 00         09         92
                            609/749               00         00         10
                              613                 00         02         77
                              612                 00         07         57
                              611                 00         00         83
                              610                 00         03         36
                            610/835               00         03         07
597 00 03 90 5222 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
596/802                00        01          30
  593                  00        01          77
592/757                00        03          00
  534                  00        06          44
534/823                00        02          35
534/824                00        01          82
  533                  00        02          21
  532                  00        08          32
  528                  00        01          10
528/838                00        01          98
  521                  00        03          92
527/710                00        08          47
527/711                00        03          67
  256                  00        02          36
256/808                00        04          22
  255                  00        09          20
  258                  00        00          10
  254                  00        00          96
254/795                00        02          70
  254/                 00        01          94
  260                  00        00          10
245/689                00        06          88
261/700                00        01          42
  262                  00        02          23
  263                  00        05          05
  78                   00        02          33
  107                  00        02          10
107/814                00        01          40
107/833                00        01          49
  124                  00        07          60
  125                  00        00          25
125/763                00        00          30
125/764                00        00          25
  126                  00        01          35
  127                  00        10          14
  128                  00        02          82
135/750                00        00          10
130 00 09 15 131 00 05 45 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5223
1 2 3 4 5
                                158                  00         07          90
                                161                  00         07          63
                                160                  00         08          30
                                162                  00         03          76
                                163                  00         02          63
                                164                  00         03          42
                                165                  00         02          72
                                190                  00         00          57
                                191                  00         02          88
                              192/724                00         00          79
                                193                  00         00          66
                                192                  00         04          71
                                195                  00         08          61
                                197                  00         04          99
                                198                  00         01          58
 बाउँ शगािड़आ                    283                  00         00          19
                                279                  00         00          22
पल्लिगुन्ठासाहि                 173                  00         01          61
                                170                  00         06          29
                                171                  00         04          16
                                172                  00         01          31
                                141                  00         02          02
                                143                  00         00          10
                                142                  00         06          92
                                146                  00         03          93
                                148                  00         27          89
                                120                  00         13          87
                                119                  00         08          66
                              119/255                00         02          14
                                118                  00         04          06
                              118/257                00         01          28
                                 60                  00         01          10
                               60/192                00         05          27
                                113                  00         02          68
                                 61                  00         00          63
                               61/217                00         01          28
112 00 03 90 5224 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                              68                   00        03          72
                              66                   00        05          22
                              64                   00        01          13
                              49                   00        05          91
                              50                   00        02          53
                             50/228                00        01          97
                              45                   00        02          51
गुन्ठासाहि                    958                  00        01          09
                            958/1091               00        00          94
                             1002                  00        02          09
                              959                  00        04          95
                            959/1072               00        07          07
                            959/1073               00        02          35
                              960                  00        01          54
                              962                  00        02          44
                              961                  00        04          98
                              964                  00        03          48
                              963                  00        02          19
                              965                  00        04          37
                              991                  00        00          49
                              986                  00        12          82
                              984                  00        02          56
                              560                  00        03          02
                              459                  00        07          87
                              455                  00        02          34
                              454                  00        02          00
                              453                  00        01          15
                              445                  00        00          54
                              451                  00        00          10
                            451/1089               00        00          10
                            451/1102               00        00          10
                              452                  00        02          72
                              444                  00        01          35
                              443                  00        01          15
                              442                  00        00          64
                              447                  00        07          02
448 00 03 06 449 00 02 42 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5225
1 2 3 4 5
                             440                  00        00          41
                             295                  00        14          40
                             438                  00        01          12
                             437                  00        03          08
                             301                  00        03          90
                           301/1106               00        03          07
                           301/1107               00        03          01
                             431                  00        02          28
                             430                  00        01          04
                             302                  00        09          37
                             309                  00        01          28
                             308                  00        03          71
                             307                  00        06          16
                             315                  00        00          87
                             316                  00        00          69
                             306                  00        06          30
                             325                  00        03          53
                             324                  00        01          79
                             323                  00        03          81
                           325/1026               00        05          53
                             322                  00        01          71
                             326                  00        00          10
                             332                  00        12          29
                             347                  00        04          04
                             333                  00        08          46
                             341                  00        04          92
                             342                  00        04          46
                             343                  00        04          15
                             258                  00        03          68
                             257                  00        00          46
                             256                  00        05          61
                             255                  00        01          09
                             244                  00        02          30
                             245                  00        03          21
                             241                  00        00          93
कोरिपठा                      1342                 00        01          75
1318 00 00 23 1330 00 01 18 5226 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  1321                 00         09          07
  1322                 00         03          43
  1324                 00         02          04
  1326                 00         01          64
  1327                 00         07          83
  1311                 00         00          10
1309/1445              00         05          94
  1328                 00         00          11
  1309                 00         02          30
  1310                 00         05          59
   580                 00         01          12
580/1652               00         02          55
   576                 00         00          47
   575                 00         13          53
   573                 00         02          74
   574                 00         00          13
   541                 00         08          66
541/1491               00         01          16
   540                 00         02          49
   542                 00         06          99
   545                 00         02          37
545/1443               00         04          79
  1472                 00         07          20
  1471                 00         09          28
   529                 00         01          60
   528                 00         01          12
   549                 00         06          05
   527                 00         01          65
527/1504               00         00          99
   523                 00         02          89
   524                 00         01          64
   522                 00         07          12
   521                 00         05          33
   518                 00         05          49
518/1564               00         04          19
518/1566               00         04          37
   477                 00         01          27
473 00 00 25 471 00 04 66 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5227
1 2 3 4 5
                               421                  00        01          30
                               422                  00        04          06
                               423                  00        09          34
                               424                  00        07          16
                               425                  00        05          99
                               391                  00        00          16
                               389                  00        02          96
                               427                  00        02          35
                               388                  00        00          21
                            388/1616                00        04          12
                            388/1714                00        04          12
                               428                  00        00          51
                               387                  00        08          17
                               386                  00        04          33
                               356                  00        02          25
सरमरेइसािह                     223                  00        00          88
                               566                  00        05          59
                               221                  00        09          19
                               225                  00        29          52
                               234                  00        00          71
                               231                  00        03          45
                               232                  00        08          43
                               233                  00        04          90
                               134                  00        01          73
                             241/541                00        01          49
                               240                  00        00          10
                             116/539                00        05          79
                             116/540                00        20          85
                             116/538                00        06          19
                               293                  00        00          78
                               294                  00        07          15
                               295                  00        01          82
                               291                  00        00          68
                             291/581                00        00          85
                             291/583                00        00          89
                             291/593                00        00          28
296 00 03 24 297 00 01 53 5228 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                              313                  00        02          63
                              316                  00        00          89
                              310                  00        02          17
                              320                  00        02          12
                            320/584                00        02          05
                              306                  00        02          36
                              321                  00        03          03
                              322                  00        06          69
                              323                  00        03          65
                              324                  00        13          85
                              326                  00        04          01
                              325                  00        01          28
कइबलपुर                       299                  00        12          98
                              298                  00        05          71
                            298/706                00        07          15
                              297                  00        03          15
                              296                  00        04          51
                              295                  00        05          54
                              304                  00        00          87
                              305                  00        04          40
                              314                  00        00          17
                            314/794                00        00          21
                              311                  00        01          13
                              312                  00        14          84
                              309                  00        00          17
                            309/741                00        00          17
                            309/742                00        00          16
                            309/743                00        00          17
                            309/744                00        00          16
                              308                  00        00          84
                            308/737                00        00          64
                            308/738                00        00          43
                            308/739                00        00          43
                            308/740                00        00          43
                              253                  00        00          82
                              252                  00        01          39
251 00 00 96 97 00 00 96 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5229
1 2 3 4 5
                               96                  00         03         57
                               94                  00         02         00
                               95                  00         02         28
                               73                  00         04         66
                               74                  00         06         69
                               75                  00         02         50
                               76                  00         01         00
                               77                  00         06         35
                               78                  00         02         65
                               72                  00         05         69
                               70                  00         03         83
                               67                  00         07         70
                               66                  00         00         80
                               71                  00         01         19
                               14                  00         00         24
                             14/785                00         00         13
                               18                  00         06         90
                               19                  00         02         71
                               20                  00         06         33
                             23/670                00         03         31
                               23                  00         00         44
                               22                  00         03         92
                             22/757                00         01         09
                               25                  00         07         82
                               26                  00         03         06
                             26/718                00         01         53
                             26/719                00         01         86
                             26/720                00         01         37
                               29                  00         00         30
                             29/766                00         00         38
                             29/767                00         00         63
                               30                  00         10         66
रिबगािड़आ                      328                  00         02         71
                              313                  00         03         76
                              320                  00         01         78
                              319                  00         04         15
318 00 06 74 315 00 11 31 5230 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                               199                  00         04          15
                               215                  00         08          25
                             215/426                00         04          35
                               217                  00         01          42
                               218                  00         03          77
                               220                  00         07          58
                               192                  00         00          59
                               191                  00         02          47
                             191/359                00         02          57
                             191/362                00         01          44
                             191/414                00         01          76
                               190                  00         03          17
                             190/360                00         01          50
                             190/391                00         01          04
                               188                  00         05          32
                               189                  00         01          84
                               187                  00         06          15
                               179                  00         06          22
                               185                  00         07          07
                               183                  00         10          32
कु ^मबाकं तरा                  1103                 00         00          10
                               1104                 00         02          50
                               1127                 00         06          66
                               1128                 00         01          64
                               1130                 00         03          99
                            1130/2379               00         02          14
                               1129                 00         00          10
                               1131                 00         02          45
                               1133                 00         00          37
                            1133/2629               00         00          37
                               1132                 00         06          15
                               1138                 00         00          16
                               2045                 00         04          13
                               2039                 00         00          76
                               2044                 00         00          10
                               2040                 00         04          16
2041 00 00 96 2037 00 00 94 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5231
1 2 3 4 5
                             2034                 00         03          80
                             2035                 00         00          61
                           2035/2350              00         01          48
                             2033                 00         01          80
                             2014                 00         06          86
                             2015                 00         02          01
                             2026                 00         00          59
                             2017                 00         04          08
                           2017/2367              00         02          29
                             2018                 00         02          62
                             2019                 00         03          05
                             2011                 00         02          33
                             2004                 00         01          37
                             2003                 00         06          08
                             2002                 00         00          10
गोदरकणा                       57                  00         00          10
                              55                  00         08          04
                              56                  00         03          81
                              46                  00         02          03
                             46/79                00         02          06
                             46/80                00         02          07
                              47                  00         00          29
                             46/69                00         03          50
                              44                  00         10          14
                              43                  00         02          51
                              42                  00         05          97
                              23                  00         00          10
                             23/73                00         00          10
                             23/83                00         00          10
                              40                  00         02          06
                              41                  00         06          23
                              38                  00         00          37
                              37                  00         00          26
                              32                  00         05          81
                              31                  00         02          23
                              28                  00         00          13
29 00 06 31 30 00 00 87 5232 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
भािलआिड़िह                     1254                 00         01          31
                              1253                 00         04          42
                            1253/1434              00         02          22
                              1252                 00         01          37
                              1249                 00         00          22
                              1250                 00         07          89
                              1248                 00         00          83
                              1244                 00         10          10
                              1245                 00         02          66
                              1247                 00         00          12
                            1247/1483              00         00          10
                              1246                 00         03          01
                              1194                 00         08          76
                              1143                 00         03          04
                            1143/1534              00         02          27
                              1144                 00         00          92
                              1147                 00         00          82
                              1142                 00         00          83
                            1142/1533              00         00          43
                              1141                 00         02          34
                              1148                 00         01          26
                              1149                 00         01          59
                              1140                 00         01          60
                              1105                 00         06          49
                              1152                 00         03          09
                              1154                 00         00          60
                              1153                 00         03          55
                              1104                 00         08          98
                              1100                 00         07          11
                              1101                 00         06          87
                              1099                 00         02          62
                            1099/1511              00         02          73
                            1098/1422              00         00          54
                            1098/1423              00         04          06
1097 00 06 85 1095 00 00 10 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5233
1 2 3 4 5
                            1098                 00         08          19
देओगाँ                       583                 00         01          52
                             582                 00         00          10
                          581/1511               00         05          04
                             581                 00         04          05
                             580                 00         04          04
                          580/1585               00         01          50
                          580/1529               00         00          59
                             579                 00         00          47
                             574                 00         03          79
                             576                 00         00          10
                             575                 00         04          28
                             564                 00         06          19
                             568                 00         06          40
                             563                 00         03          16
                          563/1540               00         01          03
                          563/1565               00         01          62
                             551                 00         00          94
                             548                 00         04          22
                             547                 00         00          16
                             546                 00         00          65
                             545                 00         02          41
                             544                 00         04          38
                             549                 00         01          25
                             664                 00         02          90
                             534                 00         00          15
                             533                 00         00          67
                             531                 00         00          69
                             532                 00         06          16
                             535                 00         02          67
                          535/1587               00         00          47
                             530                 00         01          32
                             528                 00         01          58
                          528/1569               00         00          92
529 00 03 20 527 00 00 26 5234 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
519/1475               00        01          33
  519                  00        00          10
519/1476               00        01          59
  520                  00        02          96
  521                  00        00          18
  514                  00        03          00
  513                  00        05          77
  488                  00        00          92
  451                  00        10          53
  453                  00        00          10
  449                  00        07          73
  455                  00        00          55
  450                  00        00          52
  448                  00        02          11
  760                  00        00          89
  761                  00        01          39
  759                  00        04          35
  758                  00        09          33
  872                  00        02          16
  766                  00        00          41
  768                  00        00          10
  767                  00        00          67
771/1442               00        02          45
  771                  00        06          72
  871                  00        04          65
  772                  00        01          29
  861                  00        02          28
  860                  00        02          84
  773                  00        00          62
  853                  00        00          13
  854                  00        00          73
  859                  00        01          04
  858                  00        07          72
857/1523               00        00          10
  835                  00        10          16
837 00 00 43 836 00 00 65 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5235
1 2 3 4 5
   832                 00         02         43
   833                 00         03         43
   834                 00         00         23
832/1595               00         02         43
832/1599               00         02         43
   929                 00         01         31
   945                 00         02         03
   931                 00         05         92
   944                 00         00         10
   937                 00         01         51
   936                 00         05         87
   935                 00         00         25
   932                 00         07         23
  1032                 00         00         62
  1031                 00         01         51
  1030                 00         04         84
  1029                 00         05         80
  1028                 00         06         48
  1027                 00         00         10
1053/1432              00         03         99
  1055                 00         03         42
  1054                 00         03         07
  1433                 00         00         25
  1057                 00         00         30
  1056                 00         01         54
  1058                 00         04         75
  1063                 00         09         39
  1062                 00         00         98
  1066                 00         05         47
  1073                 00         02         17
   63                  00         09         86
   44                  00         02         75
  1078                 00         00         10
  1077                 00         05         23
  1074                 00         04         95
1076 00 10 01 1251 00 00 72 5236 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  1254                 00         00         55
  1248                 00         00         61
  1247                 00         01         58
  1253                 00         00         89
  1246                 00         03         49
1247/1496              00         00         50
  1245                 00         02         16
  1244                 00         10         92
  1240                 00         00         90
  1241                 00         16         72
  1228                 00         00         73
  1290                 00         04         23
  1225                 00         00         93
  1292                 00         00         26
  1291                 00         03         99
  1295                 00         05         08
  1296                 00         02         19
  1302                 00         00         47
  1301                 00         10         45
  1303                 00         00         46
  1306                 00         02         76
  1307                 00         06         45
  1310                 00         00         94
  1309                 00         01         70
  1308                 00         01         97
1309/1532              00         02         36
  1313                 00         02         05
  1317                 00         00         10
  1314                 00         05         79
  1316                 00         03         64
  1315                 00         00         97
  1319                 00         01         66
  1324                 00         04         06
  1323                 00         00         22
  1325                 00         03         05
1326 00 02 64 1327 00 02 64 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5237
1 2 3 4 5
कु राल                      3817                 00         16         59
                            3818                 00         02         58
                            3953                 00         01         56
                            3952                 00         07         72
                          3981/4601              00         00         88
                            3995                 00         13         38
                            3994                 00         01         46
                            3996                 00         02         90
                            3993                 00         00         10
                            4000                 00         02         53
                            4002                 00         00         71
                            4001                 00         01         14
                            3999                 00         17         20
                            4014                 00         00         21
                            4004                 00         00         91
                            4013                 00         04         08
                          4013/4953              00         01         31
                            4005                 00         01         74
                            4012                 00         00         43
                            4011                 00         01         30
                            4006                 00         01         98
                            4007                 00         01         58
                            4010                 00         00         26
                            4038                 00         04         11
                            4035                 00         07         52
                            4034                 00         29         78
                            4091                 00         00         10
                          4091/4805              00         00         16
                            4092                 00         03         32
                            4097                 00         03         22
                            4096                 00         05         04
                          4096/4860              00         14         89
                          4096/4489              00         01         08
                            3164                 00         05         48
                            4102                 00         08         76
4105 00 02 20 4243 00 04 95 5238 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  4106                 00         07          61
  4240                 00         06          00
  4238                 00         04          41
  4237                 00         05          47
  4225                 00         09          99
  4224                 00         07          18
  4223                 00         02          20
  4218                 00         10          07
4162/4391              00         01          30
  4162                 00         01          40
4162/4590              00         03          19
4162/4730              00         00          82
  4590                 00         03          19
  4164                 00         01          00
  4168                 00         14          57
  4169                 00         02          84
4207/4412              00         18          09
  4175                 00         00          10
  4198                 00         01          03
  4178                 00         04          77
  4179                 00         10          60
  3063                 00         04          68
  3062                 00         04          86
  3061                 00         00          16
  3058                 00         04          44
  3055                 00         02          57
  3056                 00         07          57
  3024                 00         00          29
  3025                 00         03          78
3053/4423              00         02          29
  3026                 00         06          15
  3027                 00         01          79
  3028                 00         01          70
  2997                 00         03          17
  2968                 00         14          83
2968/4773              00         01          23
2968/4307              00         00          20
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5239
1 2 3 4 5
                           2887/4930               00         01         35
                              2888                 00         14         46
                              2896                 00         00         38
                              2890                 00         06         41
                              2895                 00         01         87
                              2891                 00         16         29
                              2858                 00         01         91
                           2900/4422               00         17         07
                              2854                 00         00         19
                           2854/5651               00         00         19
                              2843                 00         02         63
                           2843/4766               00         02         62
                              2842                 00         05         34
                              2841                 00         00         47
                           2840/4436               00         04         51
                              2840                 00         05         23
                              2839                 00         00         33
                              2819                 00         02         73
                           2819/5606               00         02         30
                              2817                 00         01         62
                              2818                 00         00         41
                              2814                 00         07         83
                              2813                 00         09         18
                              2812                 00         00         85
                              2811                 00         03         16
                              2810                 00         04         69
                              2805                 00         03         05
                              2806                 00         07         75
                              2807                 00         09         31
                           2807/4757               00         01         73
                              2796                 00         00         11
                              2795                 00         00         91
हनुमन्तिआ                     185                  00         09         45
                            185/1316               00         04         15
                            185/1315               00         03         13
                            186/1317               00         04         05
5240 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  243                  00        02          43
  242                  00        00          10
242/1416               00        00          10
  241                  00        16          85
242/1218               00        04          38
  234                  00        01          36
  233                  00        04          06
233/1391               00        02          80
233/1528               00        00          17
  232                  00        50          04
232/1512               00        05          41
  247                  00        00          68
  231                  00        08          39
  252                  00        01          40
  312                  00        07          40
  269                  00        04          20
  268                  00        02          43
  267                  00        00          74
  270                  00        00          83
270/1412               00        00          46
  256                  00        09          01
  264                  00        06          02
  265                  00        05          70
  277                  00        00          31
  668                  00        00          12
668/1478               00        00          10
668/1479               00        00          10
668/1483               00        00          10
  667                  00        04          44
662/1250               00        10          60
  662                  00        05          19
662/1364               00        05          27
  663                  00        02          35
  719                  00        05          95
  717                  00        00          10
718 00 04 39 1168 00 04 81 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5241
1 2 3 4 5
                               1167                 00        12          01
                               1166                 00        00          84
                               723                  00        00          93
                               1165                 00        09          39
                            1163/1278               00        02          29
                               1160                 00        00          31
                            1160/1428               00        00          16
                            1160/1429               00        00          16
                               1159                 00        07          95
                               1155                 00        03          73
                               1153                 00        06          39
                               1156                 00        01          29
                               1154                 00        03          18
                               1157                 00        00          24
                               1151                 00        00          52
नाउरिआगोड़ा                    471                  00        03          58
                               473                  00        01          83
                               472                  00        00          44
                               470                  00        00          57
                               474                  00        02          83
                               468                  00        00          10
                               467                  00        02          62
                               475                  00        00          37
                             466/605                00        00          09
                             477/609                00        00          24
                               466                  00        00          46
                             466/736                00        05          58
                               456                  00        01          47
                               455                  00        06          85
                               250                  00        01          87
                               158                  00        00          36
                               159                  00        06          59
                               160                  00        06          07
                               161                  00        00          20
166 00 09 61 170 00 01 08 5242 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                              171                 00         04          64
                              172                 00         05          23
                            170/635               00         00          93
                              241                 00         16          56
                            185/704               00         01          32
                              184                 00         02          05
                              185                 00         08          18
                              186                 00         00          04
                              187                 00         01          57
                              188                 00         01          59
                              183                 00         00          14
                              189                 00         00          87
                              192                 00         00          10
                              191                 00         06          08
                              194                 00         00          57
                              126                 00         07          59
                              125                 00         11          22
महे_रपुर                      18                  00         00          67
                              14                  00         05          39
                              17                  00         04          53
                              13                  00         03          68
                              11                  00         03          22
                              12                  00         05          27
                               8                  00         03          01
                               6                  00         01          08

[फा. सं. आर-25011/25/2017-ओआर- I (पार्ट)]

पवन कु मार, अवर सिचव

New Delhi, the 21st August, 2017

S.O. 1959.—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;

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5243

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 : ODAGAON District : NAYAGARH State : ODISHA
Name of the Village Plot No. Area
Hectare Are Sq.mtr.
1 2 3 4 5
  732                  00        00        41
  743                  00        03        52
  744                  00        03        14
  741                  00        01        32
  742                  00        07        69
  763                  00        01        85
  716                  00        00        27
716/3092               00        05        85
  764                  00        06        06
  765                  00        03        83
  715                  00        00        58
  714                  00        05        35
  766                  00        01        90
  713                  00        00        18
710/2302               00        13        92
  709                  00        00        63
  705                  00        00        39
  706                  00        07        41
  684                  00        01        80
  685                  00        04        17
  686                  00        00        10
  675                  00        03        44
  676                  00        03        77
  673                  00        04        07
669/2261               00        00        10
670 00 04 13 664/2294 00 09 86 5244 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  650                  00        03         88
  651                  00        00         29
  652                  00        00         92
  653                  00        02         67
  655                  00        08         61
655/2303               00        03         71
609/2431               00        14         65
  617                  00        02         30
  610                  00        01         75
610/2857               00        06         26
  611                  00        00         29
  604                  00        05         51
  602                  00        00         35
  603                  00        03         38
603/2307               00        02         14
577/2239               00        03         61
  526                  00        01         26
  525                  00        01         35
  524                  00        00         48
   47                  00        08         70
  102                  00        01         79
  104                  00        00         61
104/2954               00        00         10
104/3118               00        00         11
  103                  00        04         24
103/2278               00        04         19
   95                  00        03         91
  108                  00        06         89
   94                  00        01         70
   93                  00        02         61
  110                  00        09         07
  109                  00        03         67
  121                  00        01         74
  271                  00        00         59
  270                  00        03         31
270/2619               00        02         98
264 00 03 27 265 00 06 13 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5245
1 2 3 4 5
                                         266                  00        00        10
                                         261                  00        04        74
                                         258                  00        01        73
                                       258/2271               00        04        07
                                         259                  00        02        07
                                         255                  00        03        58
                                       255/2505               00        05        47
                                         253                  00        00        10
                                         254                  00        05        46
                                         247                  00        04        80
                                         246                  00        05        45
                                       246/2390               00        03        63
                                         244                  00        02        36
                                       244/2349               00        00        18
                                         245                  00        07        54
                                         231                  00        00        15
                                         168                  00        08        05
                                         224                  00        00        11
                                         221                  00        09        42
                                         209                  00        02        02
                                         208                  00        00        10
                                         210                  00        05        41
                                         211                  00        00        50
                                         205                  00        03        51
                                         204                  00        00        85
                                       204/2336               00        02        06
JAGIRIKHAIRPATI                          259                  00        03        19
                                         258                  00        02        26
                                         255                  00        02        52
                                         256                  00        00        14
                                         253                  00        02        65
                                         252                  00        00        24
                                         251                  00        00        10
                                          9                   00        04        33
                                          62                  00        03        34
61 00 01 45 5246 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                        63                  00         05        78
                                        64                  00         02        12
                                        60                  00         03        73
                                        58                  00         02        89
                                       60/752               00         00        10
                                        57                  00         00        10
                                        59                  00         07        05
                                        15                  00         01        25
                                        32                  00         01        70
                                        16                  00         01        10
                                        31                  00         02        87
                                        30                  00         06        55
                                        29                  00         02        89
                                        27                  00         00        33
                                        21                  00         00        90
                                        23                  00         05        40
                                       19/724               00         01        59
                                        98                  00         03        45
MAJHIAKHAND                             737                 00         07        21
                                      602/1533              00         05        76
                                        606                 00         00        97
                                        607                 00         00        32
                                        618                 00         03        93
                                        608                 00         03        37
                                        609                 00         01        86
                                        617                 00         00        44
                                        611                 00         02        85
                                        610                 00         00        45
                                        647                 00         05        12
                                        646                 00         00        27
                                        645                 00         06        70
                                        644                 00         02        85
                                        640                 00         00        10
                                        641                 00         00        74
                                        642                 00         01        92
643 00 03 34 651 00 00 10 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5247
1 2 3 4 5
  689                  00        04        23
  690                  00        03        11
  691                  00        01        61
  692                  00        06        25
  693                  00        01        88
  741                  00        02        31
  767                  00        04        84
767/1608               00        02        41
  766                  00        07        61
  798                  00        00        12
  807                  00        06        67
  801                  00        02        51
  802                  00        00        16
  803                  00        01        05
  804                  00        03        43
  805                  00        01        31
  823                  00        08        13
  824                  00        01        62
  825                  00        00        78
  826                  00        00        43
  827                  00        02        88
  820                  00        05        56
  821                  00        01        96
  822                  00        01        73
  829                  00        00        10
  460                  00        05        54
  363                  00        01        05
  356                  00        02        22
  357                  00        02        58
  355                  00        00        53
  354                  00        00        65
  353                  00        00        88
  352                  00        02        73
  351                  00        01        49
  340                  00        02        28
  368                  00        00        93
380 00 00 64 5248 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                    380/1583               00        00        57
                                       324                 00        09        50
                                       325                 00        05        39
                                       323                 00        09        72
                                    323/1546               00        00        39
                                       317                 00        15        41
                                       398                 00        00        45
BHALIADIHI                            1472                 00        00        47
                                    1473/2472              00        02        80
                                      1473                 00        03        68
                                      1471                 00        02        56
                                      1474                 00        00        67
                                    1474/2658              00        01        61
                                      1470                 00        01        31
                                      1475                 00        07        51
                                      1477                 00        03        40
                                      1478                 00        00        96
                                      1479                 00        03        35
                                      1483                 00        00        39
                                    1479/2338              00        01        74
                                      1482                 00        02        58
                                      1481                 00        02        35
                                    1481/2651              00        02        49
                                      1264                 00        00        72
                                      1266                 00        01        93
                                      1265                 00        01        52
                                      1268                 00        03        92
                                      1269                 00        21        82
                                      1270                 00        00        59
                                      1254                 00        01        32
                                       137                 00        08        09
                                       136                 00        03        88
                                       171                 00        06        83
                                       168                 00        06        43
                                       166                 00        02        11
167 00 00 73 165 00 03 72 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5249
1 2 3 4 5
163/2449               00        03        14
  163                  00        02        37
  182                  00        08        40
  183                  00        00        80
  185                  00        06        24
  186                  00        01        56
  196                  00        02        36
  197                  00        06        25
  195                  00        00        90
  198                  00        04        18
  199                  00        00        10
  200                  00        04        03
  206                  00        00        10
  249                  00        06        24
  250                  00        06        21
255/2339               00        00        10
  255                  00        04        20
  254                  00        03        60
  244                  00        12        36
253/2451               00        01        03
  243                  00        00        27
  239                  00        04        60
  238                  00        00        10
  241                  00        01        81
  240                  00        04        41
  297                  00        00        41
  299                  00        06        47
  232                  00        04        32
  302                  00        08        25
  231                  00        00        11
  301                  00        01        00
  303                  00        05        40
  305                  00        02        75
  306                  00        06        90
  462                  00        01        17
  465                  00        01        44
466 00 01 28 5250 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                     468                 00        01        99
GOLGAN                            1474/2388              00        02        02
                                    1357                 00        05        31
                                    1372                 00        01        87
                                  1372/2415              00        04        92
                                    1358                 00        00        83
                                    1359                 00        03        29
                                    1371                 00        00        69
                                    1370                 00        02        51
                                    1360                 00        03        31
                                    1369                 00        04        62
                                    1377                 00        00        10
                                    1378                 00        05        84
                                    1380                 00        01        82
                                    1379                 00        00        10
                                    1381                 00        01        70
                                    1331                 00        00        80
                                    1330                 00        03        01
                                    1329                 00        03        28
                                    1328                 00        09        72
                                    1327                 00        02        07
                                    1317                 00        04        14
                                    1322                 00        00        10
                                    1319                 00        02        63
                                    1320                 00        01        42
                                    1306                 00        03        48
                                    1305                 00        06        32
                                    1303                 00        09        41
                                    1293                 00        02        53
                                    1292                 00        01        77
                                    1291                 00        01        06
                                    1443                 00        02        02
                                    1282                 00        05        34
                                    1281                 00        01        52
                                    1452                 00        03        84
1453 00 08 50 1267/2378 00 01 40 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5251
1 2 3 4 5
                                     1266                 00        01        41
                                     1263                 00        01        28
                                     1264                 00        02        79
                                     1265                 00        02        47
                                     1261                 00        00        37
                                     1248                 00        03        16
                                     1245                 00        08        62
                                     1237                 00        05        46
                                     1238                 00        01        39
                                     1239                 00        01        13
                                     1234                 00        07        96
                                     1233                 00        07        30
                                     1232                 00        03        40
                                       1                  00        02        52
DHUSUMA                              1564                 00        03        28
                                   1522/1654              00        03        58
                                     1521                 00        00        74
                                     1520                 00        06        78
                                     1523                 00        06        45
                                     1517                 00        00        39
                                   1517/1864              00        00        67
                                     1524                 00        05        92
                                   1514/1753              00        00        54
                                     1514                 00        00        34
                                     1525                 00        02        49
                                     1513                 00        02        51
                                   1526/1608              00        00        16
                                     1526                 00        01        82
                                   1527/1789              00        01        60
                                   1527/1788              00        03        17
                                     1527                 00        07        02
                                   1512/1610              00        00        10
                                     1511                 00        02        88
                                      687                 00        02        38
                                      688                 00        00        18
688/1592 00 00 15 5252 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  686                  00        05        81
  679                  00        02        10
  677                  00        05        74
  670                  00        00        47
  673                  00        02        49
  672                  00        01        34
  671                  00        00        90
  674                  00        00        10
  621                  00        04        61
  624                  00        06        97
  622                  00        03        32
  623                  00        07        32
  628                  00        03        39
  619                  00        03        14
  610                  00        14        24
  629                  00        01        04
  609                  00        04        40
608/1676               00        00        97
  608                  00        05        34
608/1677               00        03        48
608/1678               00        00        10
  607                  00        07        81
566/1653               00        00        10
  606                  00        02        60
  576                  00        04        64
  573                  00        00        10
  574                  00        00        70
  575                  00        01        79
  572                  00        00        10
  577                  00        04        93
  585                  00        00        10
  578                  00        02        59
  579                  00        00        10
  580                  00        05        77
  581                  00        02        34
  524                  00        01        32
525 00 00 89 523 00 01 37 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5253
1 2 3 4 5
                                       521                 00         00        16
SIKHAR PUR                            2711                 00         00        87
                                      2710                 00         04        19
                                      2709                 00         14        37
                                      2704                 00         00        10
                                      2708                 00         07        68
                                      2707                 00         00        82
                                      2722                 00         05        10
                                      2706                 00         04        36
                                      2686                 00         08        41
                                    2686/4884              00         02        66
                                      2683                 00         00        82
                                      2688                 00         00        18
                                      2687                 00         03        78
                                      2672                 00         05        25
                                      2668                 00         07        55
                                      2664                 00         08        19
                                      2665                 00         13        08
                                    921/4240               00         01        92
                                       921                 00         01        50
                                       912                 00         02        92
                                       909                 00         00        10
                                    909/4388               00         00        10
                                       910                 00         00        48
                                    910/4652               00         00        65
                                    910/4842               00         00        57
                                       911                 00         06        34
                                    911/4902               00         03        09
                                       915                 00         03        01
                                       917                 00         02        82
                                    917/4392               00         03        15
                                       837                 00         02        96
                                       838                 00         02        18
                                       836                 00         00        82
                                    838/4386               00         01        86
841 00 04 28 5254 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  843                  00        00        14
843/4387               00        03        37
  846                  00        05        07
  851                  00        13        26
  856                  00        02        57
  854                  00        01        18
  855                  00        02        07
  859                  00        05        78
  817                  00        02        27
  813                  00        01        63
  814                  00        01        82
  815                  00        02        41
  816                  00        02        52
  770                  00        03        13
  771                  00        00        48
770/4272               00        00        33
  772                  00        00        86
  783                  00        00        50
  782                  00        08        80
  779                  00        00        13
  778                  00        03        37
  777                  00        03        32
  775                  00        00        10
  776                  00        07        35
776/4362               00        05        09
  787                  00        00        49
  698                  00        05        31
  560                  00        07        86
  565                  00        02        15
  556                  00        00        10
556/4661               00        00        10
  555                  00        08        05
  566                  00        02        02
  553                  00        05        23
552/4074               00        00        15
  552                  00        05        85
551 00 00 81 547 00 07 97 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5255
1 2 3 4 5
  2916                 00         00        10
   545                 00         01        21
   546                 00         04        25
   544                 00         02        35
 544/4898              00         06        53
   539                 00         01        96
  2934                 00         04        30
  2935                 00         02        29
 538/4267              00         02        58
  2936                 00         05        31
  2950                 00         05        25
  2949                 00         00        91
  2951                 00         03        25
  2952                 00         06        54
  2954                 00         02        27
  2955                 00         01        89
  2956                 00         00        10
2956/4782              00         00        10
  2957                 00         07        67
  2966                 00         01        20
  2965                 00         12        67
  2970                 00         06        30
2972/4270              00         01        51
2971/4250              00         00        18
2972/4151              00         07        98
  2973                 00         13        56
  2972                 00         01        78
  2984                 00         02        58
  2985                 00         03        29
  3008                 00         05        88
  3009                 00         13        21
  3020                 00         00        74
  3010                 00         00        30
  3019                 00         05        37
3019/4834              00         02        28
3019/4835              00         02        38
3018 00 19 20 5256 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
ASURDHIPA                             633                 00         02        48
                                    633/1321              00         02        80
                                      634                 00         10        19
                                      641                 00         00        80
                                      644                 00         02        79
                                      643                 00         00        92
                                      646                 00         03        78
                                      645                 00         01        47
                                      649                 00         02        60
                                      650                 00         00        54
                                      648                 00         00        22
                                      683                 00         02        50
                                      684                 00         03        08
                                      685                 00         00        55
                                      682                 00         02        32
                                      679                 00         01        90
                                      678                 00         01        59
                                      680                 00         00        57
                                      677                 00         05        56
                                      676                 00         01        09
                                      675                 00         01        97
                                      669                 00         03        79
                                      670                 00         02        26
                                      673                 00         00        10
                                      671                 00         02        03
                                      662                 00         02        68
                                      661                 00         08        18
                                      750                 00         03        05
                                      759                 00         02        46
                                      758                 00         00        34
                                      805                 00         08        44
                                      804                 00         00        47
                                      806                 00         13        07
                                      814                 00         15        17
                                      808                 00         02        19
                                      809                 00         00        10
815 00 05 74 798 00 00 10 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5257
1 2 3 4 5
                                       816                  00        02        87
                                       817                  00        11        36
                                     877/1232               00        01        21
HARIHARPUR                          2136/2162               00        01        02
                                       2022                 00        01        33
                                       2023                 00        23        38
                                       2021                 00        00        10
                                       1873                 00        03        30
                                       1874                 00        04        58
                                       1875                 00        06        35
                                       1867                 00        03        78
                                       1859                 00        00        11
                                       1860                 00        10        54
                                       1861                 00        02        50
                                       1862                 00        01        99
                                       1850                 00        05        31
                                    1850/2620               00        00        85
                                       1853                 00        01        69
                                       1847                 00        02        65
                                       1846                 00        03        73
                                       1854                 00        00        19
                                    1854/2669               00        01        10
                                       1855                 00        01        43
                                       1844                 00        01        87
                                       1720                 00        03        38
                                       984                  00        04        94
                                       985                  00        00        85
                                       986                  00        02        77
                                       987                  00        05        80
                                       983                  00        00        84
                                     983/2550               00        00        27
                                     983/2562               00        00        28
                                     983/2593               00        00        27
                                     983/2594               00        00        28
                                     983/2769               00        00        46
998 00 04 83 5258 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  1002                 00         05        84
  1001                 00         03        94
1001/2380              00         03        52
   923                 00         00        95
   924                 00         04        17
   920                 00         03        56
 924/2190              00         01        39
   919                 00         01        93
 919/2657              00         01        78
   925                 00         02        27
   917                 00         07        05
   909                 00         06        35
   910                 00         04        45
   913                 00         00        10
   911                 00         03        29
   912                 00         01        38
   900                 00         02        15
   899                 00         06        47
   898                 00         05        48
 878/2383              00         02        80
 878/2204              00         02        42
 878/2384              00         01        80
   879                 00         00        16
 777/2257              00         00        10
   877                 00         06        89
   876                 00         04        60
 875/2213              00         06        97
1054/2207              00         00        10
 875/2214              00         04        68
 874/2373              00         04        65
1054/2361              00         00        97
   874                 00         05        11
 874/2372              00         00        42
  1060                 00         14        57
  1065                 00         02        98
   873                 00         00        76
873/2535 00 01 48 1066 00 08 89 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5259
1 2 3 4 5
                                          872/2503               00        00        17
                                          1067/2379              00        00        88
                                            1067                 00        05        16
                                            1068                 00        00        10
                                            1069                 00        00        22
KARADARAGHUNATHPUR                         707/768               00        00        67
                                             708                 00        15        58
                                             721                 00        07        64
                                             722                 00        07        86
                                             724                 00        03        40
                                             725                 00        07        62
                                             658                 00        04        41
                                             660                 00        07        12
                                             661                 00        01        07
                                             664                 00        04        19
                                             662                 00        04        97
                                             663                 00        00        89
                                             643                 00        06        03
                                             439                 00        00        10
                                             440                 00        04        75
                                             436                 00        05        82
                                             435                 00        03        83
                                             433                 00        04        16
                                             432                 00        04        35
                                           432/790               00        02        72
                                             394                 00        03        41
                                             392                 00        00        62
                                             393                 00        06        17
                                             364                 00        07        41
                                             363                 00        10        59
                                             351                 00        02        68
                                             350                 00        09        84
                                             334                 00        00        38
                                             338                 00        02        27
                                             339                 00        05        09
340 00 01 67 5260 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                     321                 00         00        26
                                   321/833               00         00        42
                                   321/844               00         00        93
                                   321/845               00         01        00
                                   321/846               00         01        01
                                   321/847               00         00        84
                                     242                 00         01        12
                                     240                 00         01        40
                                     122                 00         00        75
                                     121                 00         04        43
                                     118                 00         01        18
                                     120                 00         01        84
                                     119                 00         00        99
                                     65                  00         02        29
                                     66                  00         02        73
                                     72                  00         01        82
                                     73                  00         00        42
                                     74                  00         00        27
                                     78                  00         01        87
                                   80/737                00         04        90
                                     80                  00         03        63
                                     91                  00         04        02
                                     90                  00         03        42
                                     88                  00         02        04
                                     89                  00         01        82
BARPUT                               629                 00         07        94
                                     624                 00         03        31
                                     623                 00         03        61
                                     622                 00         00        38
                                     620                 00         03        79
                                     621                 00         00        10
                                     619                 00         00        91
                                     618                 00         06        28
                                     617                 00         03        67
                                     647                 00         00        10
580 00 01 13 581 00 03 36 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5261
1 2 3 4 5
  582                  00        01        06
  567                  00        03        65
  564                  00        09        52
  565                  00        00        11
  387                  00        03        59
  386                  00        02        28
  388                  00        00        10
  385                  00        02        77
  382                  00        03        04
  413                  00        08        26
  419                  00        01        69
  418                  00        11        74
  420                  00        00        10
  421                  00        05        49
  357                  00        01        83
  356                  00        02        44
354/1986               00        01        74
  355                  00        01        51
  426                  00        04        69
  343                  00        05        68
343/1832               00        02        73
  339                  00        01        48
  340                  00        01        56
  342                  00        00        10
  341                  00        04        27
  337                  00        00        10
  335                  00        04        54
  334                  00        00        47
  323                  00        02        47
  302                  00        02        62
  303                  00        08        92
  304                  00        01        17
  191                  00        03        85
  195                  00        02        33
  194                  00        01        16
  193                  00        00        26
184/2044 00 01 80 5262 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                      185                 00        00        68
                                      184                 00        03        57
                                   185/2066               00        00        39
                                   175/1869               00        05        49
                                      176                 00        06        49
                                      211                 00        10        98
                                      213                 00        05        31
                                      214                 00        01        19
                                      14                  00        13        59
                                      12                  00        06        50
                                   012/2251               00        05        00
                                      61                  00        17        02
                                      75                  00        00        60
                                    73/1988               00        00        27
                                      74                  00        04        91
                                      71                  00        05        60
                                      76                  00        07        61
                                      95                  00        00        12
                                      78                  00        00        10
                                      77                  00        01        38
                                      90                  00        02        25
                                      88                  00        00        93
                                      87                  00        06        59
                                      92                  00        00        10
                                      86                  00        01        40
MAHULIA                              1058                 00        14        49
                                   1059/1405              00        00        39
                                   1061/1403              00        08        75
                                     1061                 00        07        55
                                     1072                 00        00        12
                                     1070                 00        03        53
                                     1069                 00        02        00
                                     1067                 00        02        21
                                     1068                 00        01        34
                                     1052                 00        01        39
1035 00 00 13 1036 00 01 22 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5263
1 2 3 4 5
  1040                 00         00        59
  1042                 00         10        17
1043/1414              00         00        68
  1043                 00         03        11
  1041                 00         04        16
1043/1413              00         03        46
 548/1408              00         03        01
 548/1409              00         00        27
   548                 00         01        29
 548/1617              00         00        80
   542                 00         02        65
   543                 00         04        54
 541/1559              00         00        60
   541                 00         04        48
   438                 00         00        35
   440                 00         00        33
 440/1392              00         02        22
   444                 00         01        56
   443                 00         01        15
   447                 00         02        31
   451                 00         01        12
   452                 00         00        48
   455                 00         03        37
   483                 00         02        97
   481                 00         00        53
   480                 00         04        70
   489                 00         01        06
   479                 00         01        86
   478                 00         01        77
   475                 00         00        10
 477/1461              00         05        70
   477                 00         00        79
 477/1462              00         08        87
   468                 00         00        10
   293                 00         11        71
   258                 00         02        76
259 00 03 40 5264 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                       263                 00        00        13
                                     259/1525              00        01        87
                                       262                 00        00        17
                                       261                 00        03        15
                                       260                 00        00        68
                                     261/1540              00        00        10
 KENDUPALI                             80                  00        01        28
                                      80/688               00        00        10
                                       81                  00        05        90
                                       79                  00        00        10
                                       82                  00        02        75
                                       83                  00        00        79
                                       84                  00        00        18
                                       78                  00        11        29
                                       77                  00        14        90
NANDIGHORE                            2620                 00        01        89
                                      2625                 00        04        78
                                      2624                 00        03        72
                                      2623                 00        07        15
                                      2614                 00        01        31
                                      2596                 00        11        96
                                      2595                 00        00        10
                                      2580                 00        08        48
                                      2567                 00        00        10
                                      2581                 00        03        58
                                      2565                 00        08        96
                                      2563                 00        05        45
                                      2566                 00        00        10
                                    2566/4584              00        00        10
                                      2564                 00        00        33
                                      2557                 00        07        87
                                      2556                 00        03        54
                                      2554                 00        01        56
                                      2553                 00        00        36
2551 00 00 10 2551/4585 00 00 10 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5265
1 2 3 4 5
  2547                 00         04        56
  2546                 00         00        23
  2544                 00         00        17
2544/4329              00         00        16
  2545                 00         03        43
  2537                 00         02        20
  2539                 00         03        18
  2538                 00         00        88
  2540                 00         02        58
  2535                 00         01        33
2535/3497              00         01        55
  2534                 00         02        53
  2533                 00         04        84
  2531                 00         07        31
  2532                 00         01        40
  2508                 00         06        08
  2509                 00         03        20
  2517                 00         02        52
  2516                 00         00        89
  2510                 00         06        33
  2512                 00         03        31
  2513                 00         06        03
  2514                 00         00        55
  2496                 00         08        68
  2495                 00         03        46
   462                 00         09        95
 462/3762              00         04        03
   456                 00         01        31
 456/4370              00         01        76
 456/4484              00         01        47
 456/4405              00         01        35
   457                 00         01        50
   453                 00         04        89
   452                 00         08        32
 450/3908              00         01        20
 450/3909              00         04        33
450 00 01 75 5266 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                    449                 00         07        48
                                    399                 00         08        76
                                    398                 00         01        37
                                    397                 00         01        85
                                    393                 00         09        10
                                    392                 00         06        47
                                  380/3832              00         00        76
                                  10.3906               00         07        59
                                    12                  00         05        31
                                    47                  00         00        15
                                    46                  00         00        97
                                    45                  00         03        77
                                    21                  00         10        73
                                    44                  00         00        13
                                  20/3705               00         00        10
                                    20                  00         05        43
                                  20/3704               00         01        86
                                    19                  00         00        43
                                    16                  00         10        04
                                    15                  00         06        30
                                     1                  00         03        81
OSTIA                               147                 00         07        90
                                  153/661               00         02        70
                                    154                 00         01        85
                                    144                 00         01        83
                                    155                 00         00        42
                                    143                 00         05        84
                                    142                 00         00        66
                                    141                 00         04        84
                                    127                 00         00        10
                                  127/759               00         00        10
                                    140                 00         00        56
                                    134                 00         02        91
                                    128                 00         00        82
                                    133                 00         05        55
131 00 00 10 129 00 06 63 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5267
1 2 3 4 5
                                        91                  00        02         27
                                        163                 00        04         17
                                        90                  00        02         46
                                      90/761                00        02         47
                                        88                  00        01         93
                                      89/745                00        02         35
                                        89                  00        07         39
                                        86                  00        02         68
                                        67                  00        01         34
                                        68                  00        01         88
                                        69                  00        03         39
                                        71                  00        04         63
                                        72                  00        09         02
RAGARIMARA                              676                 00        03         40
                                        675                 00        16         63
                                        607                 00        00         15
                                        615                 00        09         92
                                      609/749               00        00         10
                                        613                 00        02         77
                                        612                 00        07         57
                                        611                 00        00         83
                                        610                 00        03         36
                                      610/835               00        03         07
                                        597                 00        03         90
                                        596                 00        02         39
                                      596/802               00        01         30
                                        593                 00        01         77
                                      592/757               00        03         00
                                        534                 00        06         44
                                      534/823               00        02         35
                                      534/824               00        01         82
                                        533                 00        02         21
                                        532                 00        08         32
                                        528                 00        01         10
                                      528/838               00        01         98
521 00 03 92 5268 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
527/711               00         03        67
  256                 00         02        36
256/808               00         04        22
  255                 00         09        20
  258                 00         00        10
  254                 00         00        96
254/795               00         02        70
  254/                00         01        94
  260                 00         00        10
245/689               00         06        88
261/700               00         01        42
  262                 00         02        23
  263                 00         05        05
  78                  00         02        33
  107                 00         02        10
107/814               00         01        40
107/833               00         01        49
  124                 00         07        60
  125                 00         00        25
125/763               00         00        30
125/764               00         00        25
  126                 00         01        35
  127                 00         10        14
  128                 00         02        82
135/750               00         00        10
  130                 00         09        15
  131                 00         05        45
  132                 00         05        32
  158                 00         07        90
  161                 00         07        63
  160                 00         08        30
  162                 00         03        76
  163                 00         02        63
  164                 00         03        42
  165                 00         02        72
  190                 00         00        57
191 00 02 88 192/724 00 00 79 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5269
1 2 3 4 5
                                          192                00         04        71
                                          195                00         08        61
                                          197                00         04        99
                                          198                00         01        58
  BAUNSAGARIA                             283                00         00        19
                                          279                00         00        22
PALLIGUNTHASAHI                           173                00         01        61
                                          170                00         06        29
                                          171                00         04        16
                                          172                00         01        31
                                          141                00         02        02
                                          143                00         00        10
                                          142                00         06        92
                                          146                00         03        93
                                          148                00         27        89
                                          120                00         13        87
                                          119                00         08        66
                                        119/255              00         02        14
                                          118                00         04        06
                                        118/257              00         01        28
                                          60                 00         01        10
                                        60/192               00         05        27
                                          113                00         02        68
                                          61                 00         00        63
                                        61/217               00         01        28
                                          112                00         03        90
                                          63                 00         02        78
                                          68                 00         03        72
                                          66                 00         05        22
                                          64                 00         01        13
                                          49                 00         05        91
                                          50                 00         02        53
                                        50/228               00         01        97
                                          45                 00         02        51
5270 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
GUNTHASAHI
                                     958/1091              00         00        94
                                       1002                00         02        09
                                       959                 00         04        95
                                     959/1072              00         07        07
                                     959/1073              00         02        35
                                       960                 00         01        54
                                       962                 00         02        44
                                       961                 00         04        98
                                       964                 00         03        48
                                       963                 00         02        19
                                       965                 00         04        37
                                       991                 00         00        49
                                       986                 00         12        82
                                       984                 00         02        56
                                       560                 00         03        02
                                       459                 00         07        87
                                       455                 00         02        34
                                       454                 00         02        00
                                       453                 00         01        15
                                       445                 00         00        54
                                       451                 00         00        10
                                     451/1089              00         00        10
                                     451/1102              00         00        10
                                       452                 00         02        72
                                       444                 00         01        35
                                       443                 00         01        15
                                       442                 00         00        64
                                       447                 00         07        02
                                       448                 00         03        06
                                       449                 00         02        42
                                       441                 00         00        10
                                       440                 00         00        41
                                       295                 00         14        40
                                       438                 00         01        12
                                       437                 00         03        08
                                       301                 00         03        90
301/1106 00 03 07 301/1107 00 03 01 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5271
1 2 3 4 5
                                      430                 00        01        04
                                      302                 00        09        37
                                      309                 00        01        28
                                      308                 00        03        71
                                      307                 00        06        16
                                      315                 00        00        87
                                      316                 00        00        69
                                      306                 00        06        30
                                      325                 00        03        53
                                      324                 00        01        79
                                      323                 00        03        81
                                   325/1026               00        05        53
                                      322                 00        01        71
                                      326                 00        00        10
                                      332                 00        12        29
                                      347                 00        04        04
                                      333                 00        08        46
                                      341                 00        04        92
                                      342                 00        04        46
                                      343                 00        04        15
                                      258                 00        03        68
                                      257                 00        00        46
                                      256                 00        05        61
                                      255                 00        01        09
                                      244                 00        02        30
                                      245                 00        03        21
                                      241                 00        00        93
KORPITHA                             1342                 00        01        75
                                     1318                 00        00        23
                                     1330                 00        01        18
                                     1319                 00        00        10
                                     1321                 00        09        07
                                     1322                 00        03        43
                                     1324                 00        02        04
                                     1326                 00        01        64
1327 00 07 83 5272 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
1309/1445              00         05        94
  1328                 00         00        11
  1309                 00         02        30
  1310                 00         05        59
   580                 00         01        12
 580/1652              00         02        55
   576                 00         00        47
   575                 00         13        53
   573                 00         02        74
   574                 00         00        13
   541                 00         08        66
 541/1491              00         01        16
   540                 00         02        49
   542                 00         06        99
   545                 00         02        37
 545/1443              00         04        79
  1472                 00         07        20
  1471                 00         09        28
   529                 00         01        60
   528                 00         01        12
   549                 00         06        05
   527                 00         01        65
 527/1504              00         00        99
   523                 00         02        89
   524                 00         01        64
   522                 00         07        12
   521                 00         05        33
   518                 00         05        49
 518/1564              00         04        19
 518/1566              00         04        37
   477                 00         01        27
   473                 00         00        25
   471                 00         04        66
   472                 00         11        45
   421                 00         01        30
   422                 00         04        06
423 00 09 34 424 00 07 16 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5273
1 2 3 4 5
                                        391                  00        00        16
                                        389                  00        02        96
                                        427                  00        02        35
                                        388                  00        00        21
                                      388/1616               00        04        12
                                      388/1714               00        04        12
                                        428                  00        00        51
                                        387                  00        08        17
                                        386                  00        04        33
                                        356                  00        02        25
SARMAREISAHI                            223                  00        00        88
                                        566                  00        05        59
                                        221                  00        09        19
                                        225                  00        29        52
                                        234                  00        00        71
                                        231                  00        03        45
                                        232                  00        08        43
                                        233                  00        04        90
                                        134                  00        01        73
                                       241/541               00        01        49
                                        240                  00        00        10
                                       116/539               00        05        79
                                       116/540               00        20        85
                                       116/538               00        06        19
                                        293                  00        00        78
                                        294                  00        07        15
                                        295                  00        01        82
                                        291                  00        00        68
                                       291/581               00        00        85
                                       291/583               00        00        89
                                       291/593               00        00        28
                                        296                  00        03        24
                                        297                  00        01        53
                                        312                  00        02        33
                                        313                  00        02        63
316 00 00 89 5274 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                       320                 00         02        12
                                     320/584               00         02        05
                                       306                 00         02        36
                                       321                 00         03        03
                                       322                 00         06        69
                                       323                 00         03        65
                                       324                 00         13        85
                                       326                 00         04        01
                                       325                 00         01        28
KAIBALPUR                              299                 00         12        98
                                       298                 00         05        71
                                     298/706               00         07        15
                                       297                 00         03        15
                                       296                 00         04        51
                                       295                 00         05        54
                                       304                 00         00        87
                                       305                 00         04        40
                                       314                 00         00        17
                                     314/794               00         00        21
                                       311                 00         01        13
                                       312                 00         14        84
                                       309                 00         00        17
                                     309/741               00         00        17
                                     309/742               00         00        16
                                     309/743               00         00        17
                                     309/744               00         00        16
                                       308                 00         00        84
                                     308/737               00         00        64
                                     308/738               00         00        43
                                     308/739               00         00        43
                                     308/740               00         00        43
                                       253                 00         00        82
                                       252                 00         01        39
                                       251                 00         00        96
                                       97                  00         00        96
97/709 00 00 96 96 00 03 57 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5275
1 2 3 4 5
                                       95                  00        02         28
                                       73                  00        04         66
                                       74                  00        06         69
                                       75                  00        02         50
                                       76                  00        01         00
                                       77                  00        06         35
                                       78                  00        02         65
                                       72                  00        05         69
                                       70                  00        03         83
                                       67                  00        07         70
                                       66                  00        00         80
                                       71                  00        01         19
                                       14                  00        00         24
                                     14/785                00        00         13
                                       18                  00        06         90
                                       19                  00        02         71
                                       20                  00        06         33
                                     23/670                00        03         31
                                       23                  00        00         44
                                       22                  00        03         92
                                     22/757                00        01         09
                                       25                  00        07         82
                                       26                  00        03         06
                                     26/718                00        01         53
                                     26/719                00        01         86
                                     26/720                00        01         37
                                       29                  00        00         30
                                     29/766                00        00         38
                                     29/767                00        00         63
                                       30                  00        10         66
RABIGARIA                              328                 00        02         71
                                       313                 00        03         76
                                       320                 00        01         78
                                       319                 00        04         15
                                       318                 00        06         74
315 00 11 31 5276 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                          199                 00        04        15
                                          215                 00        08        25
                                        215/426               00        04        35
                                          217                 00        01        42
                                          218                 00        03        77
                                          220                 00        07        58
                                          192                 00        00        59
                                          191                 00        02        47
                                        191/359               00        02        57
                                        191/362               00        01        44
                                        191/414               00        01        76
                                          190                 00        03        17
                                        190/360               00        01        50
                                        190/391               00        01        04
                                          188                 00        05        32
                                          189                 00        01        84
                                          187                 00        06        15
                                          179                 00        06        22
                                          185                 00        07        07
                                          183                 00        10        32
KURUMBANKTARA                            1103                 00        00        10
                                         1104                 00        02        50
                                         1127                 00        06        66
                                         1128                 00        01        64
                                         1130                 00        03        99
                                       1130/2379              00        02        14
                                         1129                 00        00        10
                                         1131                 00        02        45
                                         1133                 00        00        37
                                       1133/2629              00        00        37
                                         1132                 00        06        15
                                         1138                 00        00        16
                                         2045                 00        04        13
                                         2039                 00        00        76
                                         2044                 00        00        10
2040 00 04 16 2041 00 00 96 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5277
1 2 3 4 5
                                       2036                00         08        92
                                       2034                00         03        80
                                       2035                00         00        61
                                    2035/2350              00         01        48
                                       2033                00         01        80
                                       2014                00         06        86
                                       2015                00         02        01
                                       2026                00         00        59
                                       2017                00         04        08
                                    2017/2367              00         02        29
                                       2018                00         02        62
                                       2019                00         03        05
                                       2011                00         02        33
                                       2004                00         01        37
                                       2003                00         06        08
                                       2002                00         00        10
GODARKANA                               57                 00         00        10
                                        55                 00         08        04
                                        56                 00         03        81
                                        46                 00         02        03
                                      46/79                00         02        06
                                      46/80                00         02        07
                                        47                 00         00        29
                                      46/69                00         03        50
                                        44                 00         10        14
                                        43                 00         02        51
                                        42                 00         05        97
                                        23                 00         00        10
                                      23/73                00         00        10
                                      23/83                00         00        10
                                        40                 00         02        06
                                        41                 00         06        23
                                        38                 00         00        37
                                        37                 00         00        26
                                        32                 00         05        81
31 00 02 23 5278 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                       29                  00        06        31
                                       30                  00        00        87
                                      28/71                00        00        26
BHALIADIHI                            1254                 00        01        31
                                      1253                 00        04        42
                                    1253/1434              00        02        22
                                      1252                 00        01        37
                                      1249                 00        00        22
                                      1250                 00        07        89
                                      1248                 00        00        83
                                      1244                 00        10        10
                                      1245                 00        02        66
                                      1247                 00        00        12
                                    1247/1483              00        00        10
                                      1246                 00        03        01
                                      1194                 00        08        76
                                      1143                 00        03        04
                                    1143/1534              00        02        27
                                      1144                 00        00        92
                                      1147                 00        00        82
                                      1142                 00        00        83
                                    1142/1533              00        00        43
                                      1141                 00        02        34
                                      1148                 00        01        26
                                      1149                 00        01        59
                                      1140                 00        01        60
                                      1105                 00        06        49
                                      1152                 00        03        09
                                      1154                 00        00        60
                                      1153                 00        03        55
                                      1104                 00        08        98
                                      1100                 00        07        11
                                      1101                 00        06        87
                                      1099                 00        02        62
                                    1099/1511              00        02        73
1098/1422 00 00 54 1098/1423 00 04 06 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5279
1 2 3 4 5
                                    1095                 00         00        10
                                     873                 00         02        56
                                    1098                 00         08        19
DEOGAN                               583                 00         01        52
                                     582                 00         00        10
                                   581/1511              00         05        04
                                     581                 00         04        05
                                     580                 00         04        04
                                   580/1585              00         01        50
                                   580/1529              00         00        59
                                     579                 00         00        47
                                     574                 00         03        79
                                     576                 00         00        10
                                     575                 00         04        28
                                     564                 00         06        19
                                     568                 00         06        40
                                     563                 00         03        16
                                   563/1540              00         01        03
                                   563/1565              00         01        62
                                     551                 00         00        94
                                     548                 00         04        22
                                     547                 00         00        16
                                     546                 00         00        65
                                     545                 00         02        41
                                     544                 00         04        38
                                     549                 00         01        25
                                     664                 00         02        90
                                     534                 00         00        15
                                     533                 00         00        67
                                     531                 00         00        69
                                     532                 00         06        16
                                     535                 00         02        67
                                   535/1587              00         00        47
                                     530                 00         01        32
                                     528                 00         01        58
528/1569 00 00 92 5280 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  527                  00        00        26
519/1474               00        00        90
519/1475               00        01        33
  519                  00        00        10
519/1476               00        01        59
  520                  00        02        96
  521                  00        00        18
  514                  00        03        00
  513                  00        05        77
  488                  00        00        92
  451                  00        10        53
  453                  00        00        10
  449                  00        07        73
  455                  00        00        55
  450                  00        00        52
  448                  00        02        11
  760                  00        00        89
  761                  00        01        39
  759                  00        04        35
  758                  00        09        33
  872                  00        02        16
  766                  00        00        41
  768                  00        00        10
  767                  00        00        67
771/1442               00        02        45
  771                  00        06        72
  871                  00        04        65
  772                  00        01        29
  861                  00        02        28
  860                  00        02        84
  773                  00        00        62
  853                  00        00        13
  854                  00        00        73
  859                  00        01        04
  858                  00        07        72
857/1523               00        00        10
835 00 10 16 837 00 00 43 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5281
1 2 3 4 5
   830                 00         01        09
   832                 00         02        43
   833                 00         03        43
   834                 00         00        23
 832/1595              00         02        43
 832/1599              00         02        43
   929                 00         01        31
   945                 00         02        03
   931                 00         05        92
   944                 00         00        10
   937                 00         01        51
   936                 00         05        87
   935                 00         00        25
   932                 00         07        23
  1032                 00         00        62
  1031                 00         01        51
  1030                 00         04        84
  1029                 00         05        80
  1028                 00         06        48
  1027                 00         00        10
1053/1432              00         03        99
  1055                 00         03        42
  1054                 00         03        07
  1433                 00         00        25
  1057                 00         00        30
  1056                 00         01        54
  1058                 00         04        75
  1063                 00         09        39
  1062                 00         00        98
  1066                 00         05        47
  1073                 00         02        17
   63                  00         09        86
   44                  00         02        75
  1078                 00         00        10
  1077                 00         05        23
  1074                 00         04        95
1076 00 10 01 5282 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  1252                 00         04        70
  1254                 00         00        55
  1248                 00         00        61
  1247                 00         01        58
  1253                 00         00        89
  1246                 00         03        49
1247/1496              00         00        50
  1245                 00         02        16
  1244                 00         10        92
  1240                 00         00        90
  1241                 00         16        72
  1228                 00         00        73
  1290                 00         04        23
  1225                 00         00        93
  1292                 00         00        26
  1291                 00         03        99
  1295                 00         05        08
  1296                 00         02        19
  1302                 00         00        47
  1301                 00         10        45
  1303                 00         00        46
  1306                 00         02        76
  1307                 00         06        45
  1310                 00         00        94
  1309                 00         01        70
  1308                 00         01        97
1309/1532              00         02        36
  1313                 00         02        05
  1317                 00         00        10
  1314                 00         05        79
  1316                 00         03        64
  1315                 00         00        97
  1319                 00         01        66
  1324                 00         04        06
  1323                 00         00        22
  1325                 00         03        05
1326 00 02 64 1327 00 02 64 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5283
1 2 3 4 5
KURAL                               3817                00         16        59
                                    3818                00         02        58
                                    3953                00         01        56
                                    3952                00         07        72
                                 3981/4601              00         00        88
                                    3995                00         13        38
                                    3994                00         01        46
                                    3996                00         02        90
                                    3993                00         00        10
                                    4000                00         02        53
                                    4002                00         00        71
                                    4001                00         01        14
                                    3999                00         17        20
                                    4014                00         00        21
                                    4004                00         00        91
                                    4013                00         04        08
                                 4013/4953              00         01        31
                                    4005                00         01        74
                                    4012                00         00        43
                                    4011                00         01        30
                                    4006                00         01        98
                                    4007                00         01        58
                                    4010                00         00        26
                                    4038                00         04        11
                                    4035                00         07        52
                                    4034                00         29        78
                                    4091                00         00        10
                                 4091/4805              00         00        16
                                    4092                00         03        32
                                    4097                00         03        22
                                    4096                00         05        04
                                 4096/4860              00         14        89
                                 4096/4489              00         01        08
                                    3164                00         05        48
                                    4102                00         08        76
                                    4105                00         02        20
4243 00 04 95 5284 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  4106                 00         07        61
  4240                 00         06        00
  4238                 00         04        41
  4237                 00         05        47
  4225                 00         09        99
  4224                 00         07        18
  4223                 00         02        20
  4218                 00         10        07
4162/4391              00         01        30
  4162                 00         01        40
4162/4590              00         03        19
4162/4730              00         00        82
  4590                 00         03        19
  4164                 00         01        00
  4168                 00         14        57
  4169                 00         02        84
4207/4412              00         18        09
  4175                 00         00        10
  4198                 00         01        03
  4178                 00         04        77
  4179                 00         10        60
  3063                 00         04        68
  3062                 00         04        86
  3061                 00         00        16
  3058                 00         04        44
  3055                 00         02        57
  3056                 00         07        57
  3024                 00         00        29
  3025                 00         03        78
3053/4423              00         02        29
  3026                 00         06        15
  3027                 00         01        79
  3028                 00         01        70
  2997                 00         03        17
  2968                 00         14        83
2968/4773              00         01        23
2968/4307 00 00 20 2887 00 06 14 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5285
1 2 3 4 5
                                       2888                 00        14        46
                                       2896                 00        00        38
                                       2890                 00        06        41
                                       2895                 00        01        87
                                       2891                 00        16        29
                                       2858                 00        01        91
                                     2900/4422              00        17        07
                                       2854                 00        00        19
                                     2854/5651              00        00        19
                                       2843                 00        02        63
                                     2843/4766              00        02        62
                                       2842                 00        05        34
                                       2841                 00        00        47
                                     2840/4436              00        04        51
                                       2840                 00        05        23
                                       2839                 00        00        33
                                       2819                 00        02        73
                                     2819/5606              00        02        30
                                       2817                 00        01        62
                                       2818                 00        00        41
                                       2814                 00        07        83
                                       2813                 00        09        18
                                       2812                 00        00        85
                                       2811                 00        03        16
                                       2810                 00        04        69
                                       2805                 00        03        05
                                       2806                 00        07        75
                                       2807                 00        09        31
                                     2807/4757              00        01        73
                                       2796                 00        00        11
                                       2795                 00        00        91
HANUMANTIA                              185                 00        09        45
                                     185/1316               00        04        15
                                     185/1315               00        03        13
                                     186/1317               00        04        05
197 00 11 96 5286 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
  242                  00        00         10
242/1416               00        00         10
  241                  00        16         85
242/1218               00        04         38
  234                  00        01         36
  233                  00        04         06
233/1391               00        02         80
233/1528               00        00         17
  232                  00        50         04
232/1512               00        05         41
  247                  00        00         68
  231                  00        08         39
  252                  00        01         40
  312                  00        07         40
  269                  00        04         20
  268                  00        02         43
  267                  00        00         74
  270                  00        00         83
270/1412               00        00         46
  256                  00        09         01
  264                  00        06         02
  265                  00        05         70
  277                  00        00         31
  668                  00        00         12
668/1478               00        00         10
668/1479               00        00         10
668/1483               00        00         10
  667                  00        04         44
662/1250               00        10         60
  662                  00        05         19
662/1364               00        05         27
  663                  00        02         35
  719                  00        05         95
  717                  00        00         10
  718                  00        04         39
  1168                 00        04         81
1168/1543 00 02 41 1167 00 12 01 [भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5287
1 2 3 4 5
                                       723                  00        00        93
                                       1165                 00        09        39
                                     1163/1278              00        02        29
                                       1160                 00        00        31
                                     1160/1428              00        00        16
                                     1160/1429              00        00        16
                                       1159                 00        07        95
                                       1155                 00        03        73
                                       1153                 00        06        39
                                       1156                 00        01        29
                                       1154                 00        03        18
                                       1157                 00        00        24
                                       1151                 00        00        52
NAURIAGORA                             471                  00        03        58
                                       473                  00        01        83
                                       472                  00        00        44
                                       470                  00        00        57
                                       474                  00        02        83
                                       468                  00        00        10
                                       467                  00        02        62
                                       475                  00        00        37
                                      466/605               00        00        09
                                      477/609               00        00        24
                                       466                  00        00        46
                                      466/736               00        05        58
                                       456                  00        01        47
                                       455                  00        06        85
                                       250                  00        01        87
                                       158                  00        00        36
                                       159                  00        06        59
                                       160                  00        06        07
                                       161                  00        00        20
                                       166                  00        09        61
                                       170                  00        01        08
                                      170/718               00        03        89
171 00 04 64 5288 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]
1 2 3 4 5
                                      170/635               00        00        93
                                        241                 00        16        56
                                      185/704               00        01        32
                                        184                 00        02        05
                                        185                 00        08        18
                                        186                 00        00        04
                                        187                 00        01        57
                                        188                 00        01        59
                                        183                 00        00        14
                                        189                 00        00        87
                                        192                 00        00        10
                                        191                 00        06        08
                                        194                 00        00        57
                                        126                 00        07        59
                                        125                 00        11        22
MAHESWARPUR                             18                  00        00        67
                                        14                  00        05        39
                                        17                  00        04        53
                                        13                  00        03        68
                                        11                  00        03        22
                                        12                  00        05        27
                                         8                  00        03        01
                                         6                  00        01        08

[F. No. R-25011/25/2017-OR-I (Pt.)]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 21 अगस्त, 2017

का.का.का.का.आ.आ.आ.आ. 1960196019601960.—के न्(cid:16)ीय सरकार को लोकहित में यह आवश्यक प्रतीत होता है कि पंजाब राज्य में गांव : झुिगयां, िजला :

शहीद भगतसिह नगर से हिमाचल प्रदेश के गांव : पेखुबेला, जिला: उना तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कापBरेशन लिमिटेड द्वारा पीएजेपीएल- उना ब्रांच पाइपलाइन बिछाई जानी चाहिए ।

और, के न्(cid:16)ीय सरकार को यह प्रतीत होता है कि ऐसी पाइपलाइन बिछाने के प्रयोजन के लिए ऐसी भूमि जिसके भीतर पाइपलाइन बिछाई जाने का प्रस्ताव है और जो इस अधिसूचना से उपाबM अनुसूची में वNणत है, के उपयोग के अधिकार का अर्जन करना आवश्यक है ।

अतः अब, के न्(cid:16)ीय सरकार, पेट्रोलियम और खनिज पाइपलाइन (भूिम में उपयोग के अधिकार का अर्जन) अधिनियम, 1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते Pए उस भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है ।

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5289

कोई *क्ति, जो उक्त अनुसूची में वNणत भूमि से हितबM है, उक्त अधिनियम, की धारा 3 की उपधारा (1) के अधीन जारी की गयी अधिसूचना से युक्त भारत के राजपत्र की प्रतियां साधारण जनता को उपलब्ध करा दिये जाने की तारीख से इUीस दिनों के भीतर, उसमें उपयोग के अधिकार का अर्जन या भूिम के नीचे पाइपलाइन बिछाए जाने के संबंध में आक्षेप, लिखित रूप मे 9ी देवराज शर्मा, सक्षम प्राधिकारी, इंडियन ऑयल कापBरेशन लिमिटेड (पाइपलाइन प्रभाग), पीएजेपीएल-उना ब्रांच पाइपलाइन परियोजना, 346, कमला कु ं ज, डी. सी. कालोनी, उना (हिमाचल प्रदेश)-174303 को कर सके गा ।

अनुसूचीअनुसूचीअनुसूचीअनुसूची

िजला – उना राज्य –िहमाचल प्रदेश
k. सं. तहसील का नाम गांव का नाम हदबस्त नं. खसरा सं. क्षेत्रफल
हेक्टयर एयर वर्ग मीटर
1 2 3 4 5 6 7 8
1       हरोली        बाथडी            476         1573          00       15         30
                                                  1126          00       01         08
                                                  1127          00       00         90
                                                  1125/4        00       01         10
                                                  1125/3        00       01         20
                                                  1125/2        00       01         45
                                                  1125/1        00       03         10
                                                  1124/1        00       00         60
3302/2        00       05        35
3302/1        00       05        50
3131          00       24        66
2955          00       02        70
2652          00       01        56

679//5/3/2 00 03 08

620/314 00 03 15

1197/1 00 26 40 5290 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

1 2 3 4 5 6 7 8

1243/1141 00 07 55

1242/1141 00 02 15

1158/2 00 03 80

1318/1176 00 18 24

2206/1359     00       02         73
1328          00       02         80
2266/515      00       01         55
2267/515      00       02         26
2272/523      00       00         20
2271/523      00       02         30
2207/523      00       00         35
2277/528      00       00         88
2268/522      00       00         20
2269/522      00       00         20

1007 00 09 18

[फा. सं. आर-25011/20/2017-ओआर-I/48705]

पवन कु मार, अवर सिचव

New Delhi, the 21st August, 2017

S.O. 1960.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the transportation of Petroleum Products from Village : Jhungian, District : Shahid Bhagat Singh Nagar of Punjab State to Village: Pekhubela, District : Una of Himachal Pradesh, PAJPL - Una Branch Pipeline should be laid by the Indian Oil Corporation Limited.

And whereas, it appears to the Central Government that for the purpose of laying the said pipeline, it is necessary to acquire the Right of User in the land under which the said pipeline is proposed to be laid and which is described in the Schedule annexed to this notification.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the petroleum and Mineral 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 21 days from the date on which the copies of this notification issued under sub-section (1) of the section 3 of said Act, as published in the Gazette of India are made available to the general public, object in writing to the acquisition of the right of user therein of laying of the pipeline under the land to Shri. Devraj Sharma, Competent Authority, Indian Oil Corporation Ltd, PAJPL-Una Branch Pipeline Project, 346, Kamla Kunj, D.C. Colony, Una (Himachal Pradesh) -174303.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5291

SCHEDULE

District - Una State - Himachal Pradesh
S. No. Name of Tehsil Name of Village Hadbast No. Khasara No. Area
Hectare Are Sq. Mtr.
1 2 3 4 5 6 7 8

1 Haroli Bathari 476 1523 00 15 30

1126 00 01 08

1127 00 00 90

1125/4 00 01 10

1125/3 00 01 20

1125/2 00 01 45

1125/1 00 03 10

1124/1 00 00 60 2 Haroli Keluwa

3302/3 00 00 20

3302/2 00 00 35

3302/1 00 05 50

3131 00 24 66

2955 02 02 70

2652 00 01 56 3 Haroli Bat Kalan 473 679// 5/3/1 00 03 08

6769// 5/3/2 00 03 08 4 Haroli Tahiwal Nichla 472 621/314 00 03 33

620/314 00 03 15 5 Una Laladi 470 6434 00 00 20 6 Una Uday pur 224 1197/2 00 01 05

1197/1 00 26 40

1243/1141 00 07 55

1242/1141 00 02 15

1158/2 00 03 80

1318/1176 00 18 24 7 Una Nangran Jhikla 222 2210/1663 00 00 78

2206/1359 00 02 73

1328 00 02 80

2266/515 00 01 55

2267/515 00 02 26

2272/523 00 00 20

2271/523 00 02 30

2270/523 00 00 35

2277/528 00 00 88

2268/522 00 00 20

2269/522 00 00 20 8 Una Pekhubela 1009 00 03 60

1007 00 09 18

[F. No. R-25011/20/2017-OR-I/48705]

PAWAN KUMAR, Under Secy.

5292 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

उपभोक्ता मामले, खाद्य और सार्वजनिक वितरण मंत्रालय उपभोक्ता मामले, खाद्य और सार्वजनिक वितरण मंत्रालय उपभोक्ता मामले, खाद्य और सार्वजनिक वितरण मंत्रालय उपभोक्ता मामले, खाद्य और सार्वजनिक वितरण मंत्रालय

(उपभोक्ता मामले विभाग) (उपभोक्ता मामले विभाग) (उपभोक्ता मामले विभाग)(उपभोक्ता मामले विभाग)

((((भारतीय मानक ब्यूरोभारतीय मानक ब्यूरोभारतीय मानक ब्यूरोभारतीय मानक ब्यूरो))))

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1961196119611961.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियम 4 के उपनियम (5) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि जिन लाइसेंसों के विवरण नीचे अनुसूची में दिए गए हैं, वे स्वीकृ त कर दिए गए हैं:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं स्वीकृ त करने की तिथि वर्ष/ माह लाइसेंसधारी का नाम व पता भारतीय मानक का शीर्ष भा मा सं (भाग/ अनुभाग) : वर्ष
1. 6500025103 20170417 म ेसर्स कर्पगम ज्वेल्स 98, बज़ार सडक, सत्यामंगलम - 638401 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं म ुहरांकन IS 1417 : 2016

[सं. सीएमडी/13 : 11]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

(BUREAU OF INDIAN STANDARDS)

New Delhi, the 17th August, 2017

S.O. 1961.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given in the following schedule:

SCHEDULE

Sl. No. Licence No. Grant Date Name and Address (Factory) of the Party Title of the Standard IS No. Part/ Sec. Year
1. 6500025103 20170417 M/s. Karpagam Jewels 98, Bazaar Street, Sathyamangalam-638401 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016

[No. CMD/13:11]

T. KALAIVANAN, Scientist 'F' & Head

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1962196219621962.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियमन 5 के उपविनियमन (6) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि निम्न विवरण वाले लाइसेंसों को उनके आगे दर्शाई गई तारीख से रद्द/ स्थगित कर दिया गया है:-

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5293

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं सी एम/ एल- लाइसेंसधारी का नाम व पता स्थगित किए गए/ रद्द किए गए लाइसेंस के अंतर्गत वस्तु/ प्र3म सम्ब> भारतीय मानक का शीर्षक रद्द होने की ितिथ
1. 6119055 म ेसर्स रमेश हाईटेक पम्प्स प्रायवेट िलिमटड 1040, भारितयार रोड, पी. एन. पालयम, कोयम्बत्तूर -641037 IS 9079 : 2002 क ृ िष एवं जल आपूJत के लिए साफ और ठंडे पानी क े बिजली के मोनोसेट पम्प 04/04/2017

[सं. सीएमडी/13 : 13]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1962.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl. No. Licence No. CM/L- Name & Address of the Licensee Article/ Process with relevant Indian Standard covered by the licence cancelled/ suspension Date of Cancellation
1. 6119055 M/s. Ramesh Hitechk Pumps Private Limited 1040, Bharatiyar Road, P. N. Palyam , Coimbatore -641037 IS 9079 : 2002 Electric Monoset Pumps For Clear, Cold Water For Agricultural And Water Supply Purposes 04/04/2017

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist 'F' & Head

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1963196319631963.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियम 4 के उपनियम (5) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि जिन लाइसेंसों के विवरण नीचे अनुसूची में दिए गए हैं, वे स्वीकृ त कर दिए गए हैं:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं स्वीकृ त करने की ितिथ वर्ष/ माह लाइसेंसधारी का नाम व पता भारतीय मानक का शीर्ष भा मा सं (भाग/ अनुभाग) : वर्ष
1. 6500025204 20170509 म ेसर्स गायत्री मिनरल्स एस एफ सं. 461/1, कालीपालयम, िवजयमपालयम के रास्ते, वेल्लामडै पोस्ट, कोयम्बत्तूर - 641110 प ैके जबंद पेय जल (पैके जबंद िमनरल जल के अलावा) IS 14543 : 2004
2. 6500025305 20170511 म ेसर्स एिलम एPा इंडस्ट्रीस 110/34, विवेकानन्दर सालै, व ेSटुकSटुवलसु कलक्टरेट पोस्ट, इरोड – 638011 प ैके जबंद पेय जल (पैके जबंद िमनरल जल के अलावा) IS 14543 : 2004
3. 6500025406 20170512 म ेसर्स वी-गार्ड इंडस्ट्रीस िलिमटड KK12,KK13,KK14,KK15, िसपकोट इंडस्ट्रियल Uोथ सेंटर, पेVन्दुरै, ईरोड - 638052 सौर सपाट पXिका संUाहक – भाग 1- अपेक्षाएँ IS 12933 : Part 1 : 2003
4. 6590000117 20170516 म ेसर्स जे.पी. ज्वेलर्स 5/9, ई[रन कोिवल स्ट्रीट, इ ंिडयन बैंक के पास, तिVप्पुर - 641604 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
5. 6590000218 20170516 म ेसर्स जे पी वेल्लि मािलगै 7-9, ई[रन कोिवल स्ट्रीट, म ुिनिसपाल कार्यालय के पास, तिVप्पुर - 641604 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
6. 6500025507 20170517 म ेसर्स ग्लोबल मिनरल्स स ं. 254, विरप्पमपालयम बै-पास, विलरसमपXी, ईरोड - 638107 प ैके जबंद पेय जल (पैके जबंद िमनरल जल के अलावा) IS 14543 : 2004
7. 6590000412 20170522 म ेसर्स जे पी वेल्लि मािलगै 7-9, ई[रन कोिवल स्ट्रीट, म ुिनिसपाल कार्यालय के पास, तिVप्पुर - 641604 चाँदी एवं चाँदी मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 2112 : 2014
8. 6590000311 20170522 म ेसर्स पी पी पी ज्वेलरी 17, पोन स्ट्रीट, ईरोड - 638001 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
9. 6500025608 20170523 म ेसर्स डी एम एफ पम्प्स स ं.125, दक्षिण सडक नं. 4, आवारमपालयम, गणपित, कोयम्बत्तूर - 641006 गहरे कु ओं के िलए निम्मजनीय पम्पसेट IS 14220 : 1994
10. 6500025709 20170523 म ेसर्स ए जी एन सिमेंट इंडस्ट्रीस एस एफ सं. 708, तिSटुपारैतोXम, क ु लन्दै गौन्डनवलसु, अिवनािशपालय पोस्ट, कांगयम, तिVप्पुर - 638701 पोर्टलेन्ड पॉ`जालाना सिमेंट- भाग 1- aलै एश आधारित IS 1489 : Part 1 : 1991
11. 6590000513 20170530 म ेसर्स भरणी ज्वेलर्स 166, कॉवेरी रोड, ईरोड - 638003 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
5294 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

[सं. सीएमडी/13 : 11]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1963.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given in the following schedule:

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5295

SCHEDULE

Sl. No. Licence No. Grant Date Name and Address (Factory) of the Party Title of the Standard IS No. Part/ Sec. Year
1. 6500025204 20170509 M/s. Gayathri Minerals SF No. 461/1, Kalipalayam, Viayampalayam Via, Vellamadai Post, Coimbatore - 641110 Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543 : 2004
2. 6500025305 20170511 M/s. Elim Aqua Industries 110/34, Vivekanandhar Salai, Vettukattuvalasu Collectorate Post , Erode - 638011 Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543 : 2004
3. 6500025406 20170512 M/s. V Guard Industries Limited KK12,KK13,KK14,KK15, SIPCOT Industrial Growth Centre, Perundurai, Erode - 638052 Solar Flat Plate Collector - Part 1 Requirements IS 12933 : Part 1 : 2003
4. 6590000117 20170516 M/s. J.P. Jewellers 5/9, Easwaran Kovil Street, Near Indian Bank, Tirupur - 641604 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016
5. 6590000218 20170516 M/s. JP Velli Maaligai 7-9, Easwaran Kovil Street, Near Municipal Office, Tirupur - 641604 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016
6. 6500025507 20170517 M/s. Global Minerals No. 254, Veerappampalayam Bye Pass, Villarasampatti, Erode - 638107 Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543 : 2004
7. 6590000412 20170522 M/s. JP Velli Maaligai 7-9, Easwaran Kovil Street, Near Municipal Office, Tirupur - 641604 Silver and Silver Alloys, Jewellery/ Artefacts- Fineness and Marking IS 2112 : 2014
8. 6590000311 20170522 M/s. PPP Jewellery 17, Ponn Street, Erode - 638001 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016
9. 6500025608 20170523 M/s. DMF Pumpps No.125, South Street No.4, Avarampalayam, Ganapathy, Coimbatore - 641006 Openwell Submersible Pumpsets IS 14220 : 1994
10. 6500025709 20170523 M/s. AGN Cement Industries SF No 708, Thittuparaithottam, Kulandai Goundenvalasu, Avinashipalayam Post, Kangayam, Tirupur - 638701 Portland Pozzolana Cement Part 1 Fly ash Based IS 1489 : Part 1 : 1991
11. 6590000513 20170530 M/s. Bharani Jewellers 166, Cauvery Road, Erode - 638003 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016

[No. CMD/13:11]

T. KALAIVANAN, Scientist 'F' & Head5296 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1964196419641964.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियमन 5 के उपविनियमन (6) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि निम्न विवरण वाले लाइसेंसों को उनके आगे दर्शाई गई तारीख से रद्द/ स्थिगत कर दिया गया है:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं सी एम/ एल- लाइसेंसधारी का नाम व पता स्थगित किए गए/ रद्द किए गए लाइसेंस के अ ंतर्गत वस्तु/ प्र3म सम्ब> भारतीय मानक का शीर्षक रद्द होने की ितिथ
1. 6519980 म ेसर्स पी पी पी ज्वेलरी स ं. 17, पोन्न स्ट्रीट, ईरोड -638001 IS 1417 : 2016 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन 12/05/2017
2. 6500016203 म ेसर्स डेकसक्ते पोली eेप्पिग वायर द. सं. 12, कोवै इंडस्ट्रियल पार्क , कोविलपालयम पोस्ट, कोयम्बत्तूर - 641 107 IS 8783 (Part 4/ Sec 3): 1995 निम्मजन मोटरों के वाइंडिग तार- भाग 4- अलग अलग तारों कि विशिष्टि – अनुभाग 3- पोलीयस्टर और पोलीप्रोपीलीन सोधित वाइंडिग तार 16/05/2017
3. 6880793 म ेसर्स कल्याण ज्वेलर्स इंडिया प्रायवेट िलिमटड 166/ 4,5,6, कॉवेरी रोड, कVन्गलपालयम, ईरोड -638003 IS 1417 : 2016 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन 19/05/2017
4. 6339675 म ेसर्स पैलेट इंडस्ट्रीस एस एफ सं. 76-A,9/13-B, पलनीसामी नायडु कॉलनी, दूसरा सडक, कालापXी रोड, सिविल एरॉhॉम पोस्ट, अरियलूर, कोयम्बत्तूर -641014 IS 9079 : 2002 क ृ षि एवं जल आपूJत के लिए साफ और ठंडे पानी के बिजली के मोनोसेट पम्प 24/05/2017
5. 6201848 म ेसर्स एस के एस एक्ससरीस अiयर तोXम, सुन्डकामुतूर रोड, क ु मारापालयम (पोस्ट), कोयम्बत्तूर -641026 IS 9079 : 2002 क ृ षि एवं जल आपूJत के लिए साफ और ठंडे पानी के बिजली के मोनोसेट पम्प 25/05/2017

[सं. सीएमडी/13 : 13]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1964.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below have been cancelled/ suspended with effect from the date indicated against each:

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5297

SCHEDULE

Sl. No. Licence No. CM/L- Name & Address of the Licensee Article/ Process with relevant Indian Standard covered by the licence cancelled/ suspension Date of Cancellation
1. 6519980 M/s. P.P.P. Jewellery No. 17, Ponn Street , Erode -638001 IS 1417 : 2016 Gold and Gold Alloys, Jewellery/ Aertefacts- Fineness and Marking 12/05/2017
2. 6500016203 M/s. Daksakthe Poly Wrapping Wire D. No. 12, Covai Industrial Park, Kovil Palayam Post, Coimbatore - 641 107 IS 8783 (Part 4/ Sec 3): 1995 Winding Wires for Submersible Motors – Part 4: Specification for Individual Wires- Section 3: Polyester and Polypropylene Insulated Wires 16/05/2017
3. 6880793 M/s. Kalyan Jewellers India Private Limited 166/ 4,5,6, Cauvery Road, Karungalpalayam, Erode -638003 IS 1417 : 2016 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking 19/05/2017
4. 6339675 M/s. Pilot Industires SF No. 76-A,9/13-B, Palanisamy Naidu Colony, 2nd Street, Kalapatty Road, Civil Aerodrome Post, Ariyalur, Coimbatore-641014 IS 9079 : 2002 Electric Monoset Pumps For Clear, Cold Water For Agricultural And Water Supply Purposes 24/05/2017
5. 6201848 M/s. S K S Accessories Iyer Thottam, Sundakamuthur Road, Kumarapalayam (P.O.), Coimbatore -641026 IS 9079 : 2002 Electric Monoset Pumps For Clear, Cold Water For Agricultural And Water Supply Purposes 25/05/2017

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist 'F' & Head

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1965196519651965.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियम 4 के उपनियम (5) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि जिन लाइसेंसों के विवरण नीचे अनुसूची में दिए गए हैं, वे स्वीकृ त कर दिए गए हैं:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं स्वीकृ त करने की तिथि वर्ष/ माह लाइसेंसधारी का नाम व पता भारतीय मानक का शीर्ष भा मा सं (भाग/ अनुभाग) : वर्ष
1. 6500025810 20170605 म ेसर्स कु न्सन्स पाइप्स प्रायवेट िलिमटड एस एफ सं. 458/1,458/2,459/1A,459/2, व ेल्लमडि, कोयम्बत्तूर -641110 प ेय जल पूJत के लिए असुघkित पी वी सी पाइप IS 4985 : 2000
2. 6590000614 20170612 म ेसर्स कल्याण ज्वेलर्स इंडिया लिमिटड 166/4,5,6, एन ए, कॉवेरी रोड, कVन्गलपालयम, ईरोड -638003 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
3. 6500025911 20170612 म ेसर्स वVणास हेवन्ली वाटर एस एफ सं. 625, लlमी फाम्र्स, सिVवाणि मुख्य रोड, मदुवरायापुरम, काVnया पोस्ट, कोयम्बत्तूर-641114, प ैके जबंद पेय जल (पैके जबंद िमनरल जल के अलावा) IS 14543 : 2004
4. 6500026004 20170614 म ेसर्स टेक्स्मो इंडस्ट्रीस (पम्प डिविशन III) एस एफ सं. 323/1, 324/1, 325/2C, उVमन्डमपालयम, वेल्लैकिनर गाँव, कोयम्बत्तूर- 641029. गहरे कु ओं के लिए निम्मजनीय पम्पसेट IS 14220: 1994
5. 6500026105 20170621 म ेसर्स =ी कन्दन इंजीनियoरग स ं. 6, 8वाँ सडक, धरणी नगर एक्स्टेंशन, गणपतिपुदुर, गणपति, कोयम्बत्तूर- 641006 निम्मजनीय पम्पसेट IS 8034: 2002
6. 6590000715 20170621 म ेसर्स =ी परमे[री ज्वेलर्स 31, वेलायुतन स्ट्रीट, अन्तियूर, ईरोड-638501 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
7. 6500026307 20170628 म ेसर्स ऑरोन्ज पम्प्स एnड मोटर्स 34, मुगाम्बिगै नगर, गणपति, कोयम्बत्तूर- 641 006 साफ, ठंडे पानी के िलए अपकें qीय पुनVत्पादक पम्प IS 8472: 1998
8. 6500026408 20170628 म ेसर्स एस जे पम्प्स 62-B/1, आवारमपालयम, कु लत्तु तोXम, कोयम्बत्तूर-641004. साफ, ठंडे पानी के िलए अपकें qीय पुनVत्पादक पम्प IS 8472: 1998
9. 6500026206 20170628 म ेसर्स आर्यन मोटर्स (इंडिया) प्रायवेट िलिमटड एस एफ सं.128/1, नरसिम्मननायकनपालयम, मेटूपालयम रोड, कोयम्बत्तूर - 641031 निम्मजनीय पम्पसेट के िलए मोटर IS 9283: 2013
5298 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

[सं. सीएमडी/13 : 11]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1965.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given in the following schedule:

SCHEDULE

Sl. No. Licence No. Grant Date Name and Address (Factory) of the Party Title of the Standard IS No. Part/ Sec. Year
1. 6500025810 20170605 M/s. Kunsons Pipes Pvt Ltd SF No. 458/1,458/2,459/1A,459/2, Vellamadi, Coimbatore -641110 Unplasticized PVC Pipes for potable water supplies IS 4985 : 2000
2. 6590000614 20170612 M/s. Kalyan Jewellers India Limited 166/4,5,6, NA, Cauvery Road, Karungalpalayam,, Erode -638003 Gold and Gold Alloys, Jewellery/ Artefacts - Fineness and Marking IS 1417 : 2016
3. 6500025911 20170612 M/s. Varunas Heavenly Water SF No. 625,Lakshme Farms, Siruvani Main Road, Mathuvarayapuram,, Karunya Post, Coimbatore-641114, Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543 : 2004
4. 6500026004 20170614 M/s. Texmo Industries (Pump Division III) SF No. 323/1, 324/1, 325/2C, Urumandampalayam, Vellakinar Village, Coimbatore- 641029. Openwell Submersible Pumpsets IS 14220: 1994
5. 6500026105 20170621 M/s. Sri Kandan Engineering No. 6, 8th Street, Dharani Nagar Extension, Ganapathyputhur, Ganapathy, Coimbatore - 641006 Submersible Pumpsets IS 8034: 2002
6. 6590000715 20170621 M/s. Sri Parameswari Jewellers 31, Velayuthan Street, Anthiyur Erode-638501 Gold and Gold Alloys, Jewellery/ Artefacts - Fineness and Marking IS 1417 : 2016
7. 6500026307 20170628 M/s. Orange Pumpss And Motorss 34, Mugambhigai Nagar, Ganapathy, Coimbatore- 641 006 Centrifugal Regenerative Pumps for clear, cold water IS 8472: 1998
8. 6500026408 20170628 M/s. SJ Pumps, 62-B/1,Avarampalayam, Kulathu Thottam, Coimbatore-641004. Centrifugal Regenerative Pumps for clear, cold water IS 8472: 1998
9. 6500026206 20170628 M/s. Aryen Motors (India) Private Limited SF No.128/1, Narasimmanaickenpalayam, Mettupalayam Road, Coimbatore - 641031 Motors for Submersible Pumpsets IS 9283: 2013
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5299

[No. CMD/13:11]

T. KALAIVANAN, Scientist 'F' & Head5300 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1966196619661966.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियमन 5 के उपविनियमन (6) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि निम्न विवरण वाले लाइसेंसों को उनके आगे दर्शाई गई तारीख से रद्द/ स्थगित कर दिया गया है:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं सी एम/ एल- लाइसेंसधारी का नाम व पता स्थगित किए गए/ रद्द किए गए लाइसेंस के अ ंतर्गत वस्तु/ प्र3म सम्ब> भारतीय मानक का शीर्षक रद्द होने की ितिथ
ज ून 2017 - शून्य

[सं. सीएमडी/13 : 13]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1966.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl. No. Licence No. CM/L- Name & Address of the Licensee Article/ Process with relevant Indian Standard covered by the licence cancelled/ suspension Date of Cancellation
JUNE 2017 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist 'F' & Head

नई दिल्ली, 17 अगस्त, 2017

काकाकाका....आआआआ. . . . 1967196719671967.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियम 4 के उपनियम (5) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि जिन लाइसेंसों के विवरण नीचे अनुसूची में दिए गए हैं, वे स्वीकृ त कर दिए गए हैं:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

". ". ". ". स ं. सं. सं. सं. लाइसेंस सं स्वीकृ त करने स्वीकृ त करने स्वीकृ त करने स्वीकृ त करने की तिथि वर्ष की तिथि वर्ष/ / / / की तिथि वर्ष की तिथि वर्ष माहमाहमाहमाह लाइसेंसधारी का नाम व पता भारतीय मानक का भारतीय मानक का भारतीय मानक का शीर्ष भा मा सं भा मा सं (भाग/ / / / (भाग अनुभाग) अनुभाग) : : : : वर्ष अनुभाग) वर्ष वर्षवर्ष
1. 6500026509 20170711 म ेसर्स एस एन इंडस्ट्रीस 31, अतिकु XैतोXम, तोXिपालयम रोड, चिन्नियापालयम (पोस्ट), कोयम्बत्तूर -641062. साफ, ठंडे पानी के लिए अपकें qीय प ुनVत्पादक पम्प IS 8472: 1998
2. 6500026610 20170711 म ेसर्स सी.आ.आई. पम्प्स प्रायवेट लिमिटड य ूिनट : रागो इंडस्ट्रीस 10/150, मसागौन्डन चेXिपालयम, जलकल के लिए स्लूस वाल्व IS 14846: 2000
ओरैsालपालयम, कु न्नत्तुर पोस्ट, कोयम्बत्तूर - 641107.
3. 6500026812 20170714 म ेसर्स एस वी एस मिनरल्स 250/1, पेरियाकोम्बु तोXम, न ेल्लुतुरै रोड, आलियार पोस्ट, पोल्लाची- 642101 प ैके जबंद पेय जल (पैके जबंद िमनरल जल क े अलावा) IS 14543: 2004
4. 6500026711 20170714 म ेसर्स कोवर्तना वाटर यूनिट-2, 3/224-D, अंडिपालयम, कनsमपालयम, तिVप्पुर -641666 प ैके जबंद पेय जल (पैके जबंद िमनरल जल क े अलावा) IS 14543: 2004
5. 6500026905 20170714 म ेसर्स जय=ी प्लास्टिक्स 241-G, पेरूर सडक, मणि राइस मिल इंडस्ट्रियल एस्टेट, क ु मारापालयम (पोस्ट), कोयम्बत्तूर -641026 प ैके जबंद िमनरल जल एवं पैके जबंद पेय जल को पैक करने के पात्र IS 15410: 2003
6. 6500027006 20170718 म ेसर्स कर पम्प्स =ी अलगु अम्मन इंजीनियoरग 151/1, रामासामी लैऔट सं. 3, आवारमपालयम, कोयम्बत्तूर-641006 निम्मजनीय पम्पसेट IS 8034: 2002
7. 6590000816 20170718 म ेसर्स कु बेरालlमी तंगामालिगै दरवाजा सं. 29, बंग्ला सडक, पेVन्दुरै, ईरोड - 638052 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
8. 6590000917 20170719 म ेसर्स कु बेरालlमी तंगामालिगै दरवाजा सं. 29, बंग्ला सडक, पेVन्दुरै, ईरोड - 638052 चाँदी एवं चाँदी मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 2112 : 2014
9. 6500027107 20170724 म ेसर्स आर्रटेक शीट मेटल फै ब्रिके शन 16/1, रैनबो इंडस्ट्रियल एरिया, चिन्नावेदमपXी, गणपित, कोयम्बत्तूर- 641006. फायर फाइoटग के लिए प्राथमिक सहायता नली-रील के विनिदvश IS 884: 1985
10. 6590001018 20170728 म ेसर्स वJणका ज्वेलर्स साइट सं. 9, एन एस आर रोड, साई बाबा सॉलनी, कोयम्बत्तूर - 641011 स् वर्ण एवं स् वर्ण मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 1417 : 2016
11. 6590001111 20170731 म ेसर्स वJणका ज्वेलर्स साइट सं. 9, एन एस आर रोड, साई बाबा सॉलनी, कोयम्बत्तूर - 641011 चाँदी एवं चाँदी मि=धातुएं, आभूषण/ शिल् पकारी – शु>ता एवं मुहरांकन IS 2112 : 2014
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5301

[सं. सीएमडी/13 : 11]

टी. कलैवाणन, वै?ािनक 'एफ' एवं प्रमुख

New Delhi, the 17th August, 2017

S.O. 1967.—In pursuance of sub-regulation (5) of the regulation 4 of the Bureau of Indian Standards (Certification) Regulation 1988, of the Bureau of Indian Standards, hereby notifies the grant of licence particulars of which are given in the following schedule:

5302 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

SCHEDULE

Sl. No. Licence No. Grant Date Name and Address (Factory) of the Party Title of the Standard IS No. Part/ Sec. Year
1. 6500026509 20170711 M/s. S N Industriess 31, Athikuttaithottam, Thottiapalayam Road, Chinniapalayam (P.O.), Coimbatore-641062. Centrifugal Regenerative Pumps for Clear, Cold Water IS 8472: 1998
2. 6500026610 20170711 M/s. C.R.I Pumps Private Limited, Unit : Rago Industries, 10/150, Masagounden Chettipalayam, Oraikkalpalayam, Kunnathur Post, Coimbatore-641107. Sluice Valve for Water Works Purposes IS 14846: 2000
3. 6500026812 20170714 M/s. SVS Minerals, 250/1, Periyakombu Thottam, Nelluthurai Road, Aliyar Post, Pollachi-642101 Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543: 2004
4. 6500026711 20170714 M/s. Kovartna Water Unit-2, 3/224-D, Andipalayam, Kanakkampalayam, Tirupur-641666 Packaged Drinking Water (other than Packaged Natural Mineral Water) IS 14543: 2004
5. 6500026905 20170714 M/s. Jaishri Plastics 241-G, Perur Road, Mani Rice Mill Indl. Estate, Kumarapalayam (P.O.), Coimbatore- 641026 Containers for Packaging of Natural Mineral Water and Packaged Drinking Water IS 15410: 2003
6. 6500027006 20170718 M/s. Kar Pumps Sri Alazhu Amman Engineering 151/1, Ramasamy Layout No 3, Avarampalayam ,Coimbatore-641006 Submersible Pumpsets IS 8034: 2002
7. 6590000816 20170718 M/s. Kuberalaxmi Thangamaligai Door No. 29, Bungalow Street, Perundurai, Erode-638052 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016
8. 6590000917 20170719 M/s. Kuberalaxmi Thangamaligai Door No. 29, Bungalow Street, Perundurai, Erode-638052 Silver and Silver Alloys, Jewellery/ Artefacts- Fineness and Marking IS 2112 : 2014
9. 6500027107 20170724 M/s. Arrtech Sheet Metal Fabrication 16/1, Rainbow Industrial Area, Chinnavadapatti, Ganapathy, Coimbatore-641006. Specification for First-Aid hose-Reel For Fire Fighting IS 884: 1985
10. 6590001018 20170728 M/s. Varnika Jewellers Site No. 9, NSR ROAD, Saibaba Colony, Coimbatore -641011 Gold and Gold Alloys, Jewellery/ Artefacts- Fineness and Marking IS 1417 : 2016
11. 6590001111 20170731 M/s. Varnika Jewellers Site No. 9, NSR ROAD, Saibaba Colony, Coimbatore -641011 Silver and Silver Alloys, Jewellery/ Artefacts- Fineness and Marking IS 2112 : 2014

[No. CMD/13:11]

T. KALAIVANAN, Scientist 'F' & Head[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5303

नई दिल्ली, 21 अगस्त, 2017

काकाकाका....आआआआ. . . . 1968196819681968.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियमन 5 के उपविनियमन (6) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि निम्न विवरण वाले लाइसेंसों को उनके आगे दर्शाई गई तारीख से रद्द/ स्थगित कर दिया गया है:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं सी एम/ एल- लाइसेंसधारी का नाम व पता स्थगित किए गए/ रद्द किए गए लाइसेंस के अ ंतर्गत वस्तु/ प्र3म सम्ब> भारतीय मानक का शीर्षक रद्द होने की ितिथ
ज ुलाई 2017 - शून्य

[सं. सीएमडी/13 : 13]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख

New Delhi, the 21st August, 2017

S.O. 1968.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl. No. Licence No. CM/L- Name & Address of the Licensee Article/ Process with relevant Indian Standard covered by the licence cancelled/ suspension Date of Cancellation
JULY 2017 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist 'F' & Head

नई दिल्ली, 21 अगस्त, 2017

काकाकाका....आआआआ. . . . 1969196919691969.—भारतीय मानक ब्यूरो (प्रमाणन) विनियम 1988 के विनियमन 5 के उपविनियमन (6) के अनुसरण में भारतीय मानक ब्यूरो एतदद्वारा अधिसूचित करता है कि निम्न विवरण वाले लाइसेंसों को उनके आगे दर्शाई गई तारीख से रद्द/ स्थगित कर दिया गया है:-

अनुसूचीअनुसूचीअनुसूचीअनुसूची

3. स ं. लाइसेंस सं सी एम/ एल- लाइसेंसधारी का नाम व पता स्थगित किए गए/ रद्द किए गए लाइसेंस के अ ंतर्गत वस्तु/ प्र3म सम्ब> भारतीय मानक का शीर्षक रद्द होने की ितिथ
अगस् त 2017 - शून्य

[सं. सीएमडी/13 : 13]

टी. कलैवाणन, वै?ानिक 'एफ' एवं प्रमुख5304 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 21st August, 2017

S.O. 1969.—In pursuance of sub-regulation (6) of the regulation 5 of the Bureau of Indian Standards (Certification) Regulations 1988, of the Bureau of Indian Standards, hereby notifies that the licence particulars of which are given below have been cancelled/ suspended with effect from the date indicated against each:

SCHEDULE

Sl. No. Licence No. CM/L- Name & Address of the Licensee Article/ Process with relevant Indian Standard covered by the licence cancelled/ suspension Date of Cancellation
August 2017 – NIL

[No. CMD/13 : 13]

T. KALAIVANAN, Scientist 'F' & Head

श्रम एवं रोजगार मंत्राालय

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1970.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार जैट एअरवेज ई. प्रा. लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, मुम्बई के पंचाट ;संदर्भ संख्या 1/04 ऑपफ 2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-11012/27/2004-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 14th August, 2017

S.O. 1970.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1/04 of 2005) of the Central Government Industrial Tribunal-cum- Labour Court No. 1, Mumbai as shown in the Annexure, in the industrial dispute between the management of Jet Airways India Pvt. Ltd. and their workmen, received by the Central Government on 03.08.2017.

[No. L-11012/27/2004-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, MUMBAI

Present : JUSTICE S .V. S. RATHORE, Presiding Officer

REFERENCE NO. CGIT-1/4 OF 2005

Parties : Employers in relation to the management of

Jet Airways India Pvt.Ltd

And

Their workman (Shamim Y. Shaikh)

Appearances :

For Jet Airways      :      Mrs. Pooja Kulkarni, Adv.
For the Workman      :      Shri Vipan B.Kumar,  Adv.
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5305

State

: Maharashtra

Mumbai, dated the 7th July, 2017

AWARD PART-II

1. This is a reference made by the Central Government in exercise of its powers under clause (d) of sub section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act 1947. The terms of reference given in the schedule are as follows:

फ्क्या मै. जैट एअरवेज ;इ.द्ध प्रा. लिमिटेड के प्रबध्तंत्रा द्वारा कर्मकार श्री शमीम वाई. शेख आपिफस अटेण्डेण्ट की सेवाएँ आदेश

दिनांक 25.10.2001 द्वारा बर्खास्त किया जाना विध्वित उचित एवं न्यायसंगत है? यदि नही ंतो कर्मकार किस राहत के पात्रा है?य्

2. According to the statement of claim the workman Shamim Y.Shaikh joined the first party on 13.12.1993 as office attendant at Amarchand Mansion, Colaba, Mumbai in Sales and Marketing Department. The workman was transferred to the office of the first party at S.M.Centre, Andheri (East) w.e.f. 24.9.1997. The first party prevented the workman from performing his duties w.e.f. 19.6.2001. In newspaper Midday of 6.9.2001 the workman read a notice published by the first party in respect of a chargesheet and enquiry proceedings against him. The workman, with an intention to participate in the enquiry, went to the office of the first party at S.M.Centre on 10.9.2001 at 4.00pm but he was not allowed to enter the premises by the watchman of the first party. The enquiry conducted against the workman was never legal, fair and proper and the findings recorded by the Enquiry Officer are perverse. Moreover, the punishment awarded to the workman is unduly harsh and disproportionate. The workman has, therefore, prayed that he be reinstated with full back wages and continuity of service.

3. According to the written statement filed by the first party the workman was employed as office attendant w.e.f. 1.5.1994. The workman was relocated as office attendant in the Flights Operations Department, Mumbai on 18.6.2001 and he was asked to report to Manager (Technical Training.) However, the workman refused to accept the said letter. The said letter was, therefore, sent to the workman at his residential address by registered AD as well as under certificate of posting on the same day but the workman refused to accept the letter sent by registered AD. The workman continued to remain absent from work w.e.f. 19.6.2001 without assigning any reason and, therefore, the first party vide letter dated 5.7.2001 called upon the workman to immediately report for duty at the changed location i.e. Flight Operations Department and he was also called upon to submit his explanation in writing for his unauthorised absence. The said show cause notice was sent to the workman by registered AD but the same returned undelivered with the remark "Refused". A chargesheet was then issued against the workman on 25.7.2001. The chargesheet was sent to the workman by registered AD but the envelope returned undelivered with the remark "Refused". A departmental enquiry was conducted on 6.8.2001 but the Enquiry Officer did not proceed with the enquiry and adjourned the enquiry to 16.8.2001. Again the Enquiry Officer did not proceed with the enquiry ex parte and adjourned the enquiry to 28.8.2001. The Enquiry Officer again adjourned the enquiry to 10.9.2001 since the workman refused to accept serviced of any communication sent to him by registered AD, therefore, the first party published a notice in the daily newspaper Midday in its issue dt.6.9.2001 but the workman did not attend the enquiry. The Enquiry Officer held the workman guilty of the charges levelled against him. The Competent Authority after perusal of the entire material on record concurred with the findings of the Enquiry Officer and awarded the punishment of dismissal from service w.e.f. 24.10.2001. The first party has denied all the allegations narrated in the statement of claim. According to the written statement the workman is not entitled to any relief.

4. During first part of the Award, affidavit of evidence of the workman Shamim Y. Shaikh was filed on behalf of the workman. While dealing with the Issues No. 1 and 2 in the first party of the Award, the Tribunal reached the conclusion that there is no evidence of rebuttal on the point that the workman was prevented from attending the enquiry proceedings and on the basis of the same, it was held that the enquiry against him cannot be said to be fair and proper and this Tribunal opined that the findings of the Enquiry Office are perverse. The first party was given an opportunity to prove the charges against the workman, by leading evidence before this Tribunal. In compliance of the same, the affidavit of Rajesh Jagadish Muley, Manager, HR dated 1.8.2014 was filed alongwith supporting documents and the workman also filed his affidavit dated 2.6.2015. No documentary evidence was filed on behalf of the workman. However, on behalf of the management, the entire enquiry proceedings alongwith the original registered/UPC letters which were sent to the workman which returned with the remark 'Refused' have also been filed.

5. Learned counsel for the workman has argued that in this case, the workman was prevented from attending the enquiry proceedings and also from joining the duty. Therefore, the proceedings were held to be perverse. Apart from it, it is admitted fact that Standing Orders applies to the service of the workman and in compliance said order neither the enquiry officer was notified nor the Appellate Authority was notified which has prejudiced the interest of the workman. It has also been argued that the charge against the workman was of habitual absence but there is virtually no evidence that he was habitual absentee. The allegation against him was only for one absence and one absence howsoever long it may be, it cannot be termed as habitual absence. He has argued that show cause notice was issued5306 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] on 5.7.2001 and chargesheet was issued on 25.7.2001 and he was dismissed vide order dated 24.10.2001. He has also argued that first part of the Award was challenged by the Management by filing writ petition No. 98/2013, which was dismissed by the Hon'ble High Court vide judgement dated 18.3.2013. It has also been argued that the termination order was passed by the Area Manager and not by the General Manager, therefore, the order of termination was passed by an authority which was lower in rank to the appointing authority who was the General Manager. He has also argued that the contents of paragraph 11, 13, 14 and 16 of the workman's affidavit have not been rebutted and no evidence has been led to prove the charge. The witness produced in support of the case of the management was not aware of any fact because he joined service after the dismissal of the workman in the year 2006, therefore, his evidence has no evidentiary value. Learned counsel for the workman has also argued that in this background, the workman deserves to be re-instated with full back wages in the alternative, he has argued that even if the case of the management is taken to be proved, for arguments sake only, even then the punishment of dismissal from service was disproportionate to his misconduct which was his first time absence for a short period.

6. On behalf of the first party, it has been argued that the workman has not filed his appointment letter to show that the General Manager is Appointing Authority. It has been argued that in the affidavit of evidence the workman has stated about several letters sent to the company including the Chairman of the Company but not even a copy of single such letter has been filed in support of his assertion. The Company made all efforts to inform him about this date, place and time of the enquiry but he refused to accept the registered letters and such refusal goes against him to show that he did not participated in the enquiry deliberately, therefore, he cannot at this stage take an excuse that he was not permitted to participate in the enquiry. It has also been argued that in the cross-examination, the workman has made certain statements which were absolutely contrary to his stand taken in his first affidavit. It has also been argued that even if the Court reaches the conclusion that the punishment awarded to the workman is disproportionate even then, the workman may be reinstated but he shall not be entitled for back wages because it has nowhere been pleaded that he remained unemployed during the entire period after his dismissal.

7. Now the argument advanced by the counsel for the parties shall be considered in the background of the evidence and the documentary evidence available on record.

8. The workman in his evidence has admitted that he has not given his complete address in the affidavits but in his cross-examination he has admitted that the addresses mentioned in the envelopes which have been filed and proved by MW-1 bears his correct address. Most of the letters which were sent through registered post were received back with the remark 'refused'. However, subsequent three letters have been received with the remark 'left' or no such person reside on such address. He in his cross-examination has also admitted that he was re-located to Flight Operations at Chemtex Building vide letter dated 18.6.2001 and he did not report to duty there. However, he has also stated that the said transfer order was not communicated to him. He has also admitted that he never went to Chemtex Building Office during the entire period of his alleged absence.

9. The management witnesses has deposed before this Tribunal only on the basis of the documents. He was not even in the service of the first party at the time when the entire incident and dismissal took place. He joined service in the year 2006 i.e. much after the date of dismissal which was in the year 2001.

10. In this case no other witness was produced on behalf of the management. The submission of the learned counsel for the workman is that Santosh Chalke the Area Manager and Surendra Kripal are still in the service of the management and these persons were the best witness to support the case of the administration but they have been deliberately withheld. Therefore, the evidence of MW-1 cannot be relied upon because the management has withheld the best evidence which was in the form of the other two witnesses mentioned above.

11. So far as the service of different notices through registered post is concerned law is settled that such communication has to be considered sufficient personal service when it is received back with the remark refused/left. On this point reference may be made to the following pronouncements.

Madan and Co. vs. Wazir Jaivir Chand (Reported in AIR 1989 Supreme Court 630-Supreme Court). In paragraph 6Hon'ble Apex Court has opined as under.

"If we interpret the provision as requiring that the letter must have been actually delivered to the addressee, we would be virtually rendering it a dead letter. The letter cannot be served where, as in this case, the tenant is away from the premises for some considerable time. Also, an addressee can easily avoid receiving the letter addressed to him without specifically refusing to receive it. He can so manipulate matters that it gets returned to the sender with vague endorsements such as "not found", "not in station", "addressee has left" and so on. It is suggested that a landlord, knowing that the tenant is away from station for some reasons, could go through the motions of posting a letter to him which he knows will not be served. Such a possibility cannot be excluded. But, as against this, if a registered letter addressed to a person at his residential address does not get served in the normal PG NO 990 course and is returned, it can only be attributed to the addressee's own conduct. If he is staying in the premises, there is no reason why it should not be served on him. If he is compelled to be away for some time, all that he has to do is to leave necessary[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5307 instructions with the postal authorities either to detain the letters addressed to him for some time until he returns or to forward them to the address where he has B gone or to deliver them to some other person authorised by him. In this situation, we have to choose the more reasonable, effective, equitable and practical interpretation and that would be to read the words "served" as "sent by post", correctly and properly addressed to the tenant, and the word "receipt" as the tender of the letter by the postal peon at the address mentioned in the letter. No other interpretation, we think, will fit the situation as it is simply not possible for a landlord to ensure that a registered letter sent by him gets served on, or is received by, the tenant."

In the case of Alavi Haji vs. Palapetty Muhammed and Anr. 2007 AIR SCW 3578-Supreme Court in paragraph 14 Hon'ble Apex Court observed as under.

"Section 27 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post. In view of the said presumption, when stating that a notice has been sent by registered post to the address of the drawer, it is unnecessary to further aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge of the notice. Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business. This Court has already held that when a notice is sent by registered post and is returned with a postal endorsement "refused" or "not available in the house" or "house locked" or "shop closed" or "addressee not in station", due service has to be presumed. [Vide Jagdish Singh v. Natthu Singh, AIR 1992 Supreme Court 1604; State of M.P. v. Hiralal & Ors., (1996)7 SCC 523 and V. Raja Kumari v. P.Subbarama Naidu & Anr. 2004(4) RCR(Criminal) 933 : 2005(1) Apex Criminal 58 : (2004)8 SCC 774]. It is, therefore, manifest that in view of the presumption available under Section 27 of the Act, it is not necessary to aver in the complaint under Section 138 of the Act that service of notice was evaded by the accused or that the accused had a role to play in the return of the notice unserved."1992 AIR SCW 1747 2004 AIR SCW 6344.

In the case of New Globe Transport Corporation v. Magma Shrachi Finance Ltd AIR 2011 Calcutta 72 Hon'ble Calcutta High Court in paragraph 11 has observed as under.

"The learned Arbitrator sent the award in an envelope by register post with acknowledgment due card on 8th August, 2008 which returned with postal endorsement 'Not Claimed'. The envelop is sufficiently stamped. The petitioner is receiving letters and correspondences at the said address and it was not case of the petitioner that the office was closed or for any other reason the envelop was not received by their office. Subsequent letters and correspondences all were received from the same address. Accordingly there should not be any doubt to presume that the envelop which was sent at the office of the petitioner, was in fact tendered by the postman at the same address but the same has not been accepted. Mr. Bose cited a judgment deliver by the Division Bench of this Hon'ble High Court in case of Arun Banerjee & Ors. versus Baidya Nath Mullick & Ors. reported in 2008 volume 3 Calcutta Law Times High Court 338 wherein the Hon'ble Division Bench have held that "The notice was sent on behalf of the plaintiffs to the original defendant under registered post with A/D and the same was returned with the postal endorsement 'Not Claimed', which is tantamount to a good service. The notice itself has validly terminated his tenancy with the end of the month of May, 1979 and the same appears to be legal, valid and sufficient."

12. Admittedly, the workman has not reported to the place of his relocation i.e. Chemtex Building during the period of his entire absence but his defence is that the said re-location order was not communicated to him and he continuously went to joint his duties in the office at S.M. Centre where he was not permitted to enter the office. In this case, the show cause notice for absence was issued on 5.7.2001. The workman was chargesheeted on 25.7.2001 and the dismissal order was passed on 24.10.2001. Admittedly, the workman has not participated in the enquiry but as stated earlier, efforts on behalf of the management were made to inform him about the date, time and place of the enquiry. So after refusal of the registered post, he cannot take the stand that he was not aware of the enquiry proceedings.When Award Part-I was passed by this Tribunal , these documents were not on record. Here it is pertinent to mention that the witness in his cross-examination has admitted that his address on the envelope is correct but the last three envelopes were returned with the remark "no such person resides" on thesaid address or with the remark "left". So virtually these remarks appears to be manipulated. Admittedly, the workman was living on the said address. So now the workman in these background cannot take a defence that he was not aware of the enquiry proceedings. His main defence is that he was physically prevented from taking part in the said enquiry proceedings and also to join his duties. He has given evidence on this point. In the first part of the Award it was the finding of this Tribunal that there was no evidence to the contrary that he was not prevented from attending the office or he was not prevented physically to take part in the enquiry proceedings. This fact still remains unrebutted because the evidence of management witness Rajesh Jagdish Muley on this point cannot be treated to be at all relevant evidence because admittedly he was not even in the employment of the management at the relevant time. Whether the workman was physically prevented from attending the enquiry proceedings or joining the duties or not, can be deposed only by the persons who were present there at the5308 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] relevant time. There cannot be any record to this effect and this witness has given evidence only on the basis of the record. So the point that the workman was physically prevented from joining the duties still remains unrebutted in the second part. When the evidence of the workman that he was prevented physically from joining his duties remains unrebutted that question to prove his absence from duty cannot be decided against him. It is true that the workman in his cross-examination has admitted that he was re-located vide order dated 18.6.2001. MW-1 Rajesh Jagdish Muley has filed some documents alongwith his affidavit of evidence. Ex.M-11 is the re-location order dated 18.6.2001. Another letter Ex.M-11 has been filed which is also dated 18.6.2001. It has been sent by Santosh Chalke, Area Manager at his address to the workman. This letter reads as under.

"Mr. Shaikh,

We refer to the letter dated June 12, 2001 advising relocation of your services with the immediate effect. The said letter was offered to you by the undersigned in his office at about 1715 hrs, after reading over and explaining the contents of the same to you. However, you refused to accept the aid letter after knowing and understanding contents of the same.

Therefore, the said letter is being sent to you along with this letter by Registered A.D. Post as well as a copy of the same 'Under Certificate of Posting'.

Perusal of this letter shows that the order advising re-location of service was offered to the workman on June 12, 2001 but no such letter or order dated 12.6.2001 has been filed on behalf of the management. It also appears to be doubtful that when the order of re-location was passed on 18.6.2001 what was the need and urgency on the same date to send such a letter by the Area Manager. This letter itself shows that the re-location order was not served on the workman and in absence of the letter dated 12.6.2001, as mentioned in Ex.M-11, it cannot be said that the workman was aware of his re-location order. In absence of any information about his re-location if he went to join duty at S.M.Building and was physically prevented from joining his duties there, then his absence from duty cannot be proved . Letter dated 5.7.2001 Ex.M-12 sent by Santosh Chalke, Area Manager also shows that the order dated 18.6.2001 was not communicated to the workman. In this letter, it is mentioned that the workman has declined to receive the order dated 18.6.2001 and there is no mention of any order of re-location dated 12.6.2001. Therefore, even in the second part, the management has failed to prove its charge against the workman. Accordingly, the workman is entitled to the relief.

13. The question of not notifying the Disciplinary Authority and Appellate Authority loses all its significance as the enquiry is being conducted by the Tribunal.

14. The ground that he was dismissed by Area Manager and not by General Manager has also become meaningless as the workman has not filed his appointment letter showing that he was appointed by General Manager. Apart from it, there is evidence to the effect that General Manager, Manager HR and Area Manager are competent to make appointment.

15. Now coming to the relief, it has been argued on behalf of the management that the workman has nowhere pleaded at any stage either in his statement of claim or in his affidavit of evidence that he remained unemployed after his dismissal from service. Therefore, back wages cannot be granted in his favour. On this point, learned counsel for the management has placed reliance on the pronouncement of the Hon'ble Delhi High Court in the case of Thankur Singh Rawat and Ors. Vs Jagjit Industries Ltd (2006) I LLJ 775 Del. Attention of this Tribunal was drawn towards the following part of this judgement.

"The Courts have held that full back wages can be denied to the workman if the workman was gainfully employed during the course of his unemployment arising out of the illegal termination of his services. It is also a settled law that it is for the management to prove that workman was gainfully employed during the period from his illegal termination to reinstatement. The onus is always on the management to prove the fact. However, in the present case, the workman is totally silent about the fact whether he was unemployed during the period of his illegal termination to the date of order. It was for the workman to assert the said fact in his statement of claim as well as affidavit. Perusal of record reveals that workman has nowhere stated that he was unemployed during the course of his unemployment. In my opinion, without such assertion, the management is not supposed to prove the fact that workman was gainfully employed. Had the workmen pleaded such fact before the Court, the onus certainly was on the management to prove otherwise."

If the workman does not even plead that he was unemployed is the management then required to plead the state of employment of the workman? The Labour Court says 'No' and the writ Court accepts this answer. It is to be noted that the state of employment or unemployment of the workman is within the special knowledge of the workman and therefore it should be his first duty to make an assertion that he was unemployed. Having so asserted in his statement of claim he may even state on oath about his state of unemployment for nothing more is required to prove his side of the case. It will then be for the management to assert or prove if the workman was at all employed."[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5309 16. The aforementioned pronouncement of the Hon'ble High Court of Delhi applies with full force in the facts of the instant case. There is not even a single word either in the statement of claim or in the affidavits filed by the workman that he remained unemployed. His employment was a fact which was within the exclusive personal knowledge of the workman and in view of the provisions of Section 106 of the Indian Evidence Act the burden to prove such facts which are within the personal knowledge of a person lies on such person. Since no such averment of statement has been made so workman is not entitled to the full back wages. But definitely the workman is entitled to some damages as he has suffered because of his wrong dismissal from service.In the considered opinion of the Court. 15% of back wages would meet the ends of justice. Accordingly, the order of dismissal from service of the workman was not in accordance with law. The workman shall be reinstated in service without delay with continuity in service only for the purpose of fixing his present wages. However, he shall not be entitled for back wages during the period from date of his absence till the date of his reinstatement. However, as damages, he shall be paid only 15% of his back wages.

17. Reference is answered accordingly.

Justice S. V. S. RATHORE, Presiding Officer

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1971.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में, केन्द्रीय सरकार डेल्टा एअरलाईन्स के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण/श्रम न्यायालय नं. 2, मुम्बई के पंचाट ;संदर्भ संख्या 2/32 ऑपफ 2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-11012/22/2004-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 14th August, 2017

S.O. 1971.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 2/32 of 2005) of the Central Government Industrial Tribunal-cum- Labour Court No. 2, Mumbai as shown in the Annexure, in the industrial dispute between the management of Delta Airlines and their workmen, received by the Central Government on 03.08.2017.

[No. L-11012/22/2004-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, MUMBAI

PRESENT : M. V. DESHPANDE, Presiding Officer

REFERENCE NO.CGIT-2/32 of 2005

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

M/S. DELTA AIRLINES INC.

The General Manager-India M/s. Delta Airlines Inc., Leela Gallery, 6th floor Andheri Kurla Road Andheri (East) Mumbai 400 059.

AND

THEIR WORKMEN

Shri Kuldeep Singh New Heaven Co-op. Hsg. Soc. Ltd. 1/72:1:2, Palm Beach Road Sector-4, Nerul Navi Mumbai 400 706.

5310 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

APPEARANCES :

FOR THE EMPLOYERS                   :      Mr. Sunil Shroff, Advocate
FOR THE WORKMAN                     :      Mr. Umesh Nabar, Advocate

Mumbai, dated the 29th May, 2017.

AWARD

The Government of India, Ministry of Labour & Employment by its Order No.L-11012/22/2004-IR (C-I), dated 14.12.2004 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:

^^D;k eSllZ MsYVk ,vjykbal ds izca/kra= }kjk deZdkj Jh dqyfni flag] ofj"B lsD;qfjVh ,tsaV dks Kkiu fnukad 16&12&2003 }kjk lsokP;qr fd;k tkuk fof/kor] U;k;ksfpr ,oa lgh gS\ ;fn ugh arks deZdkj fdl jkgr ds ik= gSa \**

2. After receipt of the Reference, notices were served on 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-9). My Ld. Predecessor framed issues at Ex-12. Both parties led their evidence and matter was fixed for filing Written Arguments by both parties. Meanwhile Legal heirs of deceased workman were taken on record.

3. Today both parties appeared before this Tribunal along with their respective legal representatives. Legal heir of second party/ workman filed application (Ex-43) praying to dispose of the Reference as they have settled the dispute fully and finally with M/s. Delta Airlines and they do not wish to pursue the reference. Orders were passed on Ex-43. Accordingly I pass the following order:

ORDER

Reference is disposed of as withdrawn.

Date: 29.05.2017

M. V. DESHPANDE, Presiding Officer/Judge

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1972.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार एअर इण्डिया लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, मुम्बई के पंचाट ;संदर्भ संख्या कम्पलेंट सं. एनटीबी-13 ऑपफ 2003द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-20013/2/2017-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 14th August, 2017

S.O. 1972.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. Comp. NTB-13 of 2003) of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Mumbai as shown in the Annexure, in the industrial dispute between the management of Air India Ltd. and their workmen, received by the Central Government on 03.08.2017.

[No. L-20013/2/2017-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1 MUMBAI

Present : JUSTICE S .V. S. RATHORE, Presiding Officer

COMPLAINT NTB-13 OF 2003

Parties : 1. Indian Pilots Guild : Complainant

2. Vikrant Sansare

3. Kenneth Khan[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5311

Vs.

Air India Ltd.

: Opp. Party

Appearances :

For the Applicant

: Shri.Lancy D'Souza, Management Representative.

For the Opposite Party

: Absent

State

: Maharashtra

Mumbai, the 08th day of June, 2017

AWARD

1. In this case, an application has been moved by the complainant for withdrawing the above complaint. There is an endorsement of "No Objection" of the opposite party. It is mentioned in this application that Air India has now given recognition to the Union and, therefore, the disputes are being discussed with the respondent and may be mutually settled and prayer has been made that the above complaint may be disposed of as withdrawn. There is a verification of the Vice-President of the Indian Pilots Guilt to this application.

2. Accordingly, this complaint is hereby dismissed as withdrawn.

Justice S. V. S. RATHORE, Presiding Officer

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1973.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार एअर इण्डिया लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, मुम्बई के पंचाट ;संदर्भ संख्या कम्पलेंट सं. एनटीबी-11 ऑपफ 2003द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-20013/2/2017-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 14th August, 2017

S.O. 1973.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. Comp. NTB-11 of 2003) of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Mumbai as shown in the Annexure, in the industrial dispute between the management of Air India Ltd. and their workmen, received by the Central Government on 03.08.2017.

[No. L-20013/2/2017-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1 MUMBAI

Present : JUSTICE S .V. S. RATHORE, Presiding Officer

COMPLAINT NTB-11 OF 2003

Parties : 1. Indian Pilots Guild : Complainant

2. Vikrant Sansare

3. Kenneth Khan

Vs.

Air India Ltd.

: Opp. Party

Appearances :

For the Applicant

: Shri Lancy D'Souza, Management Representative.

For the Opposite Party

: Absent

State

: Maharashtra

5312 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

Mumbai, the 08th day of June, 2017

AWARD

1. In this case, an application has been moved by the complainant for withdrawing the above complaint. There is an endorsement of "No Objection" of the opposite party. It is mentioned in this application that Air India has now given recognition to the Union and, therefore, the disputes are being discussed with the respondent and may be mutually settled and prayer has been made that the above complaint may be disposed of as withdrawn. There is a verification of the Vice-President of the Indian Pilots Guilt to this application.

2. Accordingly, this complaint is hereby dismissed as withdrawn.

Justice S. V. S. RATHORE, Presiding Officer

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1974.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पवन हंस हैलिकापटर लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण/श्रम न्यायालय नं. 2, मुम्बई के पंचाट ;संदर्भ संख्या 2/1 ऑपफ 2016द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-11012/48/2015-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 14th August, 2017

S.O. 1974.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 2/1 of 2016) of the Central Government Industrial Tribunal-cum- Labour Court No. 2, Mumbai as shown in the Annexure, in the industrial dispute between the management of M/s. Pawan Hans Helicopter Limited and their workmen, received by the Central Government on 03.08.2017.

[No. L-11012/48/2015-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2 MUMBAI

PRESENT : M. V. DESHPANDE, Presiding Officer

REFERENCE NO.CGIT-2/1 of 2016

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

M/S. PAWAN HANS HELICOPTERS

The General Manager (P & A) & IS M/s. Pawan Hans Helicopters Ltd. C-14m, Sector-I Noida Distt. Gautam Budh Nagar Uttar Pradesh 201 301

AND

THEIR WORKMEN

The President Pawan Hans Pilot's Guild Operation Department, Pawan Hans Ltd. Juhu Aerodrom, S.V. Road Vile Parle (W) Mumbai 400 056

APPEARANCES:

FOR THE EMPLOYER       :    No appearance
FOR THE UNION          :    No appearance
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5313

Mumbai, the 19th June, 2017

AWARD

The Government of India, Ministry of Labour & Employment by its Order No.L-11012/48/2015-IR (CM-I), dated 11.12.2015 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 claim of applicant, Capt S.S. Kotharia for fixed emolument of Rs.69000/- p.m. for the period

from 19.01.2013 to 31.7.2013, whether applicant is entitled for 15 days salary not paid during the month of

Feb 2013 whether the applicant is entitled for reinstatement and back wages w.e.f. 25.7.2014 and whether the

termination of service w.e.f. 25.7.2014 is legal and justified? To what relief the applicant is entitled to ?"

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/ Union. Second party/Union 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. Orders were passed on Ex-1. Accordingly I pass the following order:

ORDER

Reference stands dismissed for want of prosecution.

Date: 19.06.2017

M. V. DESHPANDE, Presiding Officer

नई दिल्ली, 14 अगस्त, 2017

का.आ. 1975.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार एअर इण्डिया लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 2, मुम्बई के पंचाट ;संदर्भ संख्या 2/31 ऑपफ 2000द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 03.08.2017 को प्राप्त हुआ था।

[सं. एल-11012/123/1999-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 14th August, 2017

S.O. 1975.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 2/31 of 2000) of the Central Government Industrial Tribunal-cum- Labour Court No. 2, Mumbai as shown in the Annexure, in the industrial dispute between the management of Air India Ltd. and their workmen, received by the Central Government on 03.08.2017.

[No. L-11012/123/1999-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2 MUMBAI

PRESENT : M. V. DESHPANDE, Presiding Officer

REFERENCE NO.CGIT-2/31 of 2000

EMPLOYERS IN RELATION TO THE MANAGEMENT OF

AIR INDIA LIMITED

The Managing Director Air India Ltd. Air India Building Nariman Point Mumbai-400021.

AND

5314 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

THEIR WORKMAN

Mr. D.N. Vinjuda B-18, Mahalaxmi B.N. Rathod Marg Tulsiwadi Mumbai 400 034.

APPEARANCES :

FOR THE EMPLOYER            :       Mr. L.L. D'Souza, Representative
FOR THE WORKMAN             :       In person

Mumbai, the 12th May, 2017

AWARD PART-II

1. The Government of India, Ministry of Labour & Employment by its Order No.L-11012/123/99 -IR (C-I) dated 07/03/2000 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 Air India Ltd., Mumbai in dismissing the services of Mr.

D.N.Winjuda, Sr. Handyman w.e.f. 11.12.1997 is legal and justified? If not to what relief is the workman

concerned entitled?"

2. After receipt of the reference notices were issued to both the parties. In response to the notice the second party workman filed his statement of claim at Ex-9.According to the workman he is permanent employee of the first party recruited on 12/10/1982 as a Sweeper, Inflight Service Department, Mumbai. In 1990 he was promoted as Sr. Handyman (Safai) and was confirmed in the post. On 27/10/1993 he had gone to Dubai as a passenger by purchasing regular ticket to purchase a colour TV and clothes. After three days he returned back. He collected the amount by encashing his savings certificate and pledging ornaments of his wife and some amount out of his savings. He returned on 31/10/1993. He paid customs duty on the goods he had imported. Same day evening at about 6.00 p.m. some officers from AIU came to his house and started questioning him. They became violent and started assaulting him in presence of wife and children. They then took him to the customs office and obtained his signature on the documents. They had also brought Mr. Solanki with them. They had taken search of his house. Nil Panchnama was prepared. They had obtained signature of his wife without reading the contents. Nothing was recovered from his house. However they have falsely shown that some gold bars were found in the cupboard. Three days thereafter the workman was arrested under some false charges. The workman was put under suspension by order dt.12/11/1993 with immediate effect. A charge sheet was issued to him dated 23/02/1994 alleging that during search in presence of Mr. L.R. Solanki, 92 gold bars of different makings were found in the locker of steel cupboard. It was alleged that the workman had concealed the gold bars in comode of first class and was charged for misconduct for breach of law, dishonesty with employers business and for act of subversive of discipline. He requested the first party not to initiate inquiry until he received the copies of the papers from Customs Department. However his request was turned down.

3. According to him the joint inquiry was commenced against he himself, Shri Godambe, Assistant Cabin Supervisor, and Shri L.R. Solanki, Handyman. He filed his reply. However he kept his right open to file a detailed reply after receipt of papers from Customs Office. The committee refused to bring the panch witnesses Mr.Shrivatsan Iyengar and Surendra Chouhan and bring as their own witnesses. E.C. under the guise of clarification helped the management story by knocking out favourable answers from the witnesses. According to him Mr. Solanki and he told before the Inquiry Committee that the panchnama was prepared in the office and no gold bar was recovered from his house. He has not brought any gold from Dubai and no gold was recovered from house. There was no first class toilet in the airbus he had travelled. There was no report of contraband rules in aircraft. The inquiry conducted was an empty formality. It was not conducted as per the rules and regulations. The inquiry was not conducted with open mind and EC sought clarification from the witnesses before cross-examination. The panchnama is a fabricated document. There is violation of natural justice in conducting the inquiry. The findings of the Inquiry officer are perverse. There is no evidence that the gold bars were found in the house of the workman. The inquiry is not fair and proper and findings of the IO are perverse. On the basis of report of IO the workman was dismissed from service. Therefore workman has raised the industrial dispute before ALC (C). As conciliation failed, on the basis of the report of ALC(C), the Labour Ministry has sent the reference to this Tribunal. The workman therefore prays that the inquiry be declared not fair and proper. The findings of the IO be declared perverse. His punishment of termination be set aside and he be directed to be reinstated in service with full back wages.

4. The first party resisted the statement of claim of the workman vide its Written statement at Ex-11. According to them the Customs Intelligence Officers with search warrant, took search of residence of the workman in presence of[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5315 two panchas. During search, in the cupboard locker the customs officers recovered two cloth bundles. On examination thereof they found 92 gold bars of 10 tolas each weighing totally 10,727.2 grams valued at Rs.38,56,421/- in international monetary value and Rs. 48,70,140/- in local monetary value. The gold was seized under panchnama. The workman confessed to have given the gold bars by Shri L.R.Solanki and Mr. S.V. Godambe working in the catering/cabin service of the Airline. The workman has travelled as passenger and smuggled the gold into India. Therefore he was arrested along with others and apart from criminal case, departmental inquiry was initiated against them. The workman was allowed to represent by defence counsel of his choice. He was given full and fair opportunity to defend his case. He was also offered an opportunity to lead evidence in his defence. The committee found the workman guilty of the all the charges leveled against him as they were based on evidence adduced by the Inquiry Committee. The punishment is proportionate to the misconduct which is grave and sensitive in nature. According to them the contents in the statement of claim are false. The reference is devoid of merit. They denied all the allegations in the statement of claim and submitted that the workman is not entitled to any relief prayed for and therefore prays that the reference be dismissed with cost.

5. The workman filed his rejoinder at Ex-12. He denied the contents in the written statement and reiterated his case put up in the statement of claim.

6. This Tribunal has passed Award Part – I on 15.07.2013 and held that the domestic enquiry held against the workman was as per principles of natural justice and the findings of the Inquiry officer are not perverse. This tribunal therefore directed the parties to argue / lead evidence on the point of quantum of punishment.

7. Second Party Workman did not adduce any evidence on the issues relating to quantum of punishment and therefore his evidence was closed. First Party Company has not also adduced evidence. Second Party Workman has not submitted any written notes of arguments. First Party Company has filed written notes of arguments Ex.41.

8. In view of that, the following are the issues for my determination and I have recorded my findings thereon for the reasons to follow:

Sr. No. Issues Findings
1. Whether the action of the management of Air India Ltd., Mumbai in dismissing the services of Mr. D.N. Winjuda w.e.f. 11.12.1997 is legal and justified ? Y es
2. If not, what relief the workman is entitled to ? No
3. What order ? As per final order

REASONS

Issue No. 1:-

9. It appears that the second party workman joined the services as a Sweeper in the Inflight Service Department w.e.f. 12.10.1982. Thereafter he was employed as Senior Handyman. Enquiry was conducted on the allegations that during the search made by the Customs Intelligence Officers at the residence of second party workman on 31.10.1993 the Customs officers recovered two cloth bundles containing 92 rectangular shaped gold bars of ten tolas each weighing totally 10,727.2 grams valued at Rs.38.56 lakhs in the international market and Rs.43.70 lakhs in the local markets. From the observations of this tribunal in Award Part – I, the fact is deposed before the Inquiry officer by the witnesses examined before the Inquiry officer. The Commissioner of Customs, Sahar Airport has also confiscated 92 gold bars worth Rs.38,56,421/- under section 3 (d) (1) of Customs Act, 1962. Commissioner of Customs also imposed penalty of Rs.3 lakhs to each Shri L.R. Solanki, Shri S.V. Godambe and the workman under section 112A & B of the Customs Act. Statement of the concerned workman was recorded before the Customs officials under section 108 which is admissible even in criminal trials so also the departmental proceedings in which they admitted the charge of smuggling. As such it is held that the findings of the Inquiry officer are based on evidence.

10. Section 11 of the I.D. Act, 1947 has granted powers to the tribunal to interfere with the punishment imposed by employer if the tribunal is satisfied on the point that the punishment is not justified. But then the tribunal can interfere with the decision of the management under section 11A of the act only when it is satisfied with the punishment imposed by the management is wholly disproportionate to the degree of guilt of the concerned workman. In the decision in case of Life Insurance Corporation of India V/s. Dhandapani, AIR 2006 (SC 615) it is held that the said power of the tribunal under section 11A of the act has to be exercised judiciously and mere use of the word "disproportionate" or "grossly disproportionate" will not be sufficient. Though under Section 11 A the Tribunal has5316 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] power to reduce the quantum of punishment. It is to be done within the parameters of law. Possession of power itself is not sufficient. It has to be exercised in accordance with law. In view of this legal position it is to be seen whether punishment imposed by the employer is wholly disproportionate to the degree of guilt of the concerned workman or not?

11. Second party workman was held guilty after due enquiry of the following charges.

a) Breach of law applicable to the establishment

b) Dishonesty in connection with the employer's business and,

c) Act subversive of discipline.

12. The acts of misconduct as alleged is proved against the second party workman for which he was also imposed the penalty of Rs.3 lakhs by the competent authority under the Customs Act. It cannot be treated as misconduct of minor or a technical nature. The said misconduct is grave and serious misconduct.

13. I say so because the act of smuggling from the aircrafts belonging to the first party company is serious misconduct and it is also an offence against the state. The disciplinary authority in its order of punishment dated 17.10.1997 has observed as under:

"The misconduct for which Mr. Vinjuda has been proved guilty by the enquiry committee is a extremely serious misconduct. The workman is working in the Catering Cabin Services Section, Mumbai Station, which is a very sensitive area having direct access to runways, tarmacs, aircrafts, etc. By indulging in the act of smuggling, which has been proved beyond doubts, the workman has lost confidence of the Management for employment for the said job. The workman has also not brought out any mitigating or extenuating circumstances which would warrant a lesser punishment in his reply dated March 04, 1997.

In view of the above, I hereby award him the punishment of dismissal from services of the Company in accordance with clause 14 (4) (c) of the Model Standing Orders (C)."

14. In view of that it can be said that the disciplinary authority while imposing punishment of dismissal of the concerned workman has considered the aspect as regards the grave misconduct of the concerned workman. Even it has been considered that the workman has not brought out any mitigating or extenuating circumstances which would warrant lesser punishment. Herein in the instant reference also the concerned workman has not adduced his evidence point of quantum of punishment to show the mitigating circumstances.

15. In view of that I find that the punishment imposed on the second party workman of dismissal from services is just and proper and the same does not warrant any interference under Section 11 A of the I.D. Act. I find that the action of the management in dismissing the services of the concerned workman is legal and justified. This issued is therefore answered accordingly.

Issues Nos. 2 & 3 :-

16. In view of my findings to Issue No.1, the workman is not entitled to any relief. Reference is liable to be rejected. Thus the order:

ORDER

The Reference is rejected with no order as to costs.

Dated: 12.05.2017

M. V. DESHPANDE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1976.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार बैंक ऑपफ महाराष्ट्र के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 62/2009द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त

हुआ था।

[सं. एल-12012/3/2009-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5317

New Delhi, the 16th August, 2017

S.O. 1976.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 62/2009) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Bank of Maharashtra and their workmen, received by the Central Government on 16.08.2017.

[No. L-12012/3/2009-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/62/2009

Shri Jethu Ram Lahre, S/o Khedu Ram Lahre, Former Daftri, Sub Staff, Bank of Maharashtra, R/o Village Purena, PO Ravigram, Tehsil & Distt. Raipur

…Workman

Versus

Branch Manager, Bank of Maharashtra, Byron Bazar Branch, Raipur

…Management

AWARD

Passed on this 15th day of May, 2017

1. As per letter dated 15-5-09 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-12012/3/ 2009-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Bank of Maharashtra in awarding punishment of compulsory retirement from services to Shri Jethu Ram Lahre vide order dated 14-6-06 of the management is legal and justified? What relief the workmen is entitled to?"

2. After receiving reference, repeatedly notices were issued to Ist party workman. Since the year 2009, workman failed to appear and participate in reference proceeding. He has not filed statement of claim. Ist party is proceeded ex- parte on 17-2-17. Case was fixed for ex parte Written Statement.

3. Management engaged Advocate Dr.Eknath Jyothishi. He has also failed to appear. No Written Statement is filed by 2nd party management. Matter is proceeded without Written Statement.

4. Both parties have failed to participate in reference proceeding therefore no dispute award is passed.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1977.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार देना बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 41/2007द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त

हुआ था।

[सं. एल-12012/83/2006-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी5318 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 16th August, 2017

S.O. 1977.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 41/2007) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Dena Bank and their workmen, received by the Central Government on 16.08.2017.

[No. L-12012/83/2006-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/41/2007

Shri Dukh Ram Yadav, S/o Shri Alla Ram Yadav, Village Khurdi, PO Dudedra, Thane Arjunda, Tehsil Gunderdehi, Durg (CG)

…Workman

Versus

Regional Manager, Dena Bank, Regional Office, Rukmini Bhawan, Near Jai Ram Complex, Raipur (CG)

…Management

AWARD

Passed on this 3rd day of May, 2017

1. As per letter dated 28-5-07 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-12012/83/2006-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Dena Bank, Raipur , Regional Office, Raipur in terminating the service of the workman/ Ex-Messenger Shri Dukh Ram Yadav s/o Shri Alla Ram Yadav w.e.f. June 2001 is legal or justified? If not, to what relief the workman is entitled?"

2. After receiving reference, notices were issued to the parties. Workman submitted statement of claim at Page 5/1 to 5/4. Case of workman is that he was initially engaged as messenger in June 1991. He worked to the satisfaction of his superiors. His service record was unblemished. He was engaged for work of balancing account book by Branch Manager, preparing demand notice, making entries in pass book, opening new accounts etc. that he was initially paid Rs.750 per month. From 1995, he was paid Rs.1000 per month, his pay was enhanced to Rs.1100 in 1998 and Rs.1200 pm in the year 2000. He was continuously working from June 91 to 2001. Instead of regularizing his services, he was terminated in June 2001 without assigning any reasons. That he worked more than 240 days during each calendar year, termination of his service amounts to retrenchment under Section 2(oo) of ID Act. His services were terminated violating Section 25-F of ID Act. That he is covered as employee under Section 25 B of ID Act. His services were terminated without notice, retrenchment compensation as not paid to him. Termination of his service is in violation of Section 25-F,G of ID Act. On such ground, workman prays for his reinstatement with backwages.

3. 2nd party management filed Written Statement opposing claim of workman. 2nd party submits that the term of reference is illegal as workman was not appointed or terminated by 2nd party. Order of reference is vague. Period of employment, nature of work are not shown interference order. 2nd party denies employer employee relationship. Ist party is not covered as workman under Section 2(s) of ID Act. Ist party has not disclosed anything about his engagement by management according to the rules of recruitment. That Government could not decide the disputed questions. It is further submitted that appointment is covered by statutory rules and regulations following prescribed procedure. That Branch Managers are responsible for smooth working of the Bank and providing customer service. Branch Manager had engaged local people on daily wages for casual nature of job. Ist party workman was not sponsored through Employment Exchange. As per the recruitment rules, Regional Manager is competent to appoint the staff considering the age not less than 18 and above 26 years following reservation policy for SC ST etc. Ist party was not appointed issuing the order. he was engaged by Branch Manager when there was temporary increase of casual[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5319 nature of work. Workman had not completed 240 days continuous service during any of the year. Engagement of workman was by way of stop gap arrangement in absence of permanent staff. Workman was not appointed or terminated by Bank. It is denied that workman was continuously working from June 91 to 2001. That management had information that workman was gainfully engaged as unskilled labour. 2nd party prays for rejection of claim.

4. Considering pleadings on record, the points which arise for my consideration and determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the management of Dena Bank, Raipur, Regional Office, Raipur in terminating the service of the workman/ Ex- Messenger Shri Dukh Ram Yadav s/o Shri Alla Ram Yadav w.e.f. June 2001 is legal or justified? I n Affirmative
(ii) If not, what relief the workman is entitled to?" Workman is not entitled to any relief.

REASONS

5. Point No.1- The term of reference pertains to legality of termination of services of workman. Ist party workman filed affidavit of his evidence on 26-11-2010 but he remained absent for his cross-examination. His evidence cannot be considered. Document produced by workman Exhibit W-1 is reply submitted by management before RLC. Claim of workman was opposed. Exhibit W-2 is application submitted by workman before RLC. As workman has not appeared for his cross-examination, his evidence cannot be considered.

6. Management on 15-11-16, submitted not to adduce any evidence as such there is no evidence by both sides w.r.t. claim under reference. Workman has failed to support his contentions that he worked continuously for more than 240 days preceding 12 months of termination of his services. Therefore I record my finding in Point No.1 in Affirmative.

7. In the result, award is passed as under:-

(1) The action of the management of Dena Bank, Raipur , Regional Office, Raipur in terminating the service of the workman/ Ex-Messenger Shri Dukh Ram Yadav S/o Shri Alla Ram Yadav w.e.f. June 2001 is legal and proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1978.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार सैन्ट्रल बैंक ऑपफ इंडिया के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 29/2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 16.08.2017

को प्राप्त हुआ था।

[सं. एल-12012/14/2005-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 16th August, 2017

S.O. 1978.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 29/2005) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur 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 16.08.2017.

[No. L-12012/14/2005-IR (B-II)]

RAVI KUMAR, Desk Officer5320 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/29/2005

Smt. Jaisheela Chitriv, wife Ku.Vijaya Chitriv, daughter Khilendra Chitriv, son- LRs of Late Shri Gitender Chitriv, S/o Ram Chandra Chitriv, Kokha, Dhibar, Post Davali, Balaghat (MP)

…Workman/LRs

Versus

Regional Manager, Central Bank of India, Regional Office, Chitnavisganj ,7 Narsinghpur Road, Chhindwara

…Management

AWARD

Passed on this 16th day of June, 2017

1. As per letter dated 25-4-05 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section-10 of I.D. Act, 1947 as per Notification No. L-12012/14/2005-IR(B-II). The dispute under reference relates to:

"Whether the claim of Shri Gitendra Chitriv S/o Shri Ram Chandra Chitriv that he was engaged continuously on daily wage basis during the period from 16-11-99 to 6-10-02 by the management of Central Bank of India is correct? If so, whether the action of the management of Central Bank of India in terminating the servies of Shri Gitendra Chitriv is legal and justified? If not, to what relief the concerned workman is entitled?"

2. After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim at Page 3/1 to 3/2. Case of workman is that he was employed by management as daily rated employee from 16-11-99. He honestly worked till 8-10-02. His services were discontinued from 8-10-02 illegally. That he continuously worked more than 240 days during each calendar year and acquired status of permanent employee. That his services were discontinued without giving order of termination. He was not given opportunity for defence. He was not engaged in any kind of misconduct. Discontinuation of his services amounts to retrenchment under ID Act. He was not paid retrenchment compensation. Management violated provisions of ID Act while discontinuing his services. Therefore action of the management is illegal and void and deserves to be set-aside. On such ground, workman prays for his reinstatement with backwages.

3. Workman died during pendency of reference, his LRs are brought on record.

4. 2nd party filed Written Statement at Page 6/1 to 6/3 opposing claim of workman. 2nd party submits that workman alleged termination of his service without notice claiming that he worked more than 240 days, claim of workman doesnot constitute the dispute under ID Act. Workman was not appointed by Bank. His engagement ondaily wages ends at end of the day. Workman was not working as regular workers. Ist party has suppressed the facts. Ist party was given his pay for his working as casual workers. His services cannot be said as regular worker. Claimant had not continuously worked for 240 days. There was no need to issue notice to the workman or opportunity of hearing was not required. There is no substance in claim of Ist party. Management prayed for rejection of claim of workman.

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 claim of Shri Gitendra Chitriv S/o Shri Ram Chandra Chitriv that he was engaged continuously on daily wage basis during the period from 16-11-99 to 6-10-02 by the management of Central Bank of India is correct and whether the action of the management of Central Bank of India in terminating the services of Shri Gitendra Chitriv is legal and justified? I n Negative
(ii) If not, what relief the workman is entitled to?" Workman is not entitled to any relief.
[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5321

REASONS

6. The terms of reference pertains to legality of termination of services of workman as if he was working during the period 16-11-99 to 6-0-02. Workman filed affidavit of his evidence. In his affidavit, workman has stated he was employed by 2nd party sine 16-11-99 till 6-10-02. His services were discontinued on 8-10-02. Management not issued termination order, any reason for termination was not shown. He was not allowed opportunity of hearing. He was not engaged in any misconduct. He worked more than 240 days during each of the year 1999 to 2000. He was not paid retrenchment compensation. No permission was taken from appropriate Government for retrenchment of his services. In his cross, workman says he was educated upto MA. Presently he was unemployed. Occasionally he was working as labour, he was not given appointment order by Bank. He was orally terminated. He was distributing dak and doing work of discharge. He was serving tea to the staff. He not produced documents about allotment of work by Bank, his wages were not paid every day. He was paid once in a month. He was paid wages in cash. He denied that he was deposing false.

7. Management filed affidavit of witness of Shri A.K.Shafi. Management's witness in his affidavit says that claimant was called for work as per need. He was paid wages for working days. Workman had not worked for 240 days during any of the year. Management's witness died and could not be cross examined. Evidence of management's witness cannot be considered.

8. Affidavit of evidence of management's witness Raj Kumar is filed. Affidavit is devoted on the point that claimant was engaged as per need. Wages for working days were paid, workman not worked for 240 days during any of the year . in his cross, witness says he was not posted in Central Bank, Balaghat. The record of Balaghat branch was available in Regional office. He had seen said record before drafting his affidavit. Inward outward registers are maintained in the Bank. Management's witness claims ignorance about maintaining peon book., correspondence register in the Bank. He denied Annexure D-1 referred to him. Management's witness was unable to tell how many days deceased workman had worked. He denied suggestion that deceased workman was continuously working during 16-11-99 to 18-10-02. That he not seen register of attendance.

9. Legal position is settled that burden lies on workman to prove continuous working more than 240 days. Evidence of Ist party is not corroborated by any documents. Co-employee is not examined. Only statement of deceased workman is not sufficient to establish his working more than 240 days.

10. Learned counsel for Ist party Shri Chandurkar relies on judgment in Writ Petition No. 704-2012. Considering ratio held in case of Smt. Jyoti Chitnis, his Lordship allowed reinstatement with 25 % backwages for violation of Section 25-F "c". In present case, evidence of workman is not sufficient to establish 240 days continuous working. Ratio held in the case cannot be applied to case at hand. For above reasons, I record my finding in Point No.1 in Affirmative.

11. In the result, award is passed as under:-

(1) The action of the management is not proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1979.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार बैंक ऑपफ इंडिया के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 14/2000द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त

हुआ था।

[सं. एल-12012/220/1999-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी5322 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 16th August, 2017

S.O. 1979.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 14/2000) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur as shown in the Annexure, in the Industrial Dispute between the management of Bank of India and their workmen, received by the Central Government on 16.08.2017.

[No. L-12012/220/1999-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/14/2000

General Secretary, Dainik Vetan Bhogi Bank Karmachari Sangathan, Hardev Niwas, 9, Sanver Road, Ujjain

…Workman/Union

Versus

Regional Manager, Bank of India, Zonal Office, 22, Yashwant Niwas Road, Indore

…Management

AWARD

Passed on this 25th day of April, 2017

1. As per letter dated 28-12-99 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section-10 of I.D.Act, 1947 as per Notification No.L- 12012/220/99-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Bank of India in denying regularization and terminating the services of Shri Mukesh Yadav, Ex-Sepoy w.e.f. 30-8-97 is legal and justified? If not, what relief is the disputant concerned is entitled to?"

2. After receiving reference, notices were issued to the parties. Workman submitted statement of claim at Page 3/1 to ¾. Case of workman is that on 15-5-92, he was engaged as permanent peon on daily wages. He was working honestly. He worked under Branch Manager Kulkarni, Oswal. He was paid bonus for the year 1992-93 to 1994-95. He worked continuously more than 240 days. That he had filed Writ Petition in High Court Bench Indore for regularization in service. On 30-8-97, his services were terminated without notice. That he was working continuously more than 240 days, is covered as employee under Section 25 B of ID Act. Other employees daily wage employee were continued in service. Management terminated his services. He was not paid retrenchment compensation. His services are terminated in violation of Section 25-F, G, N of ID Act. Policy of last come first go was not followed. After termination of his service, other daily wage employees were engaged. He was not provided re-employment. As such management violated Section 25-F of ID Act. On such ground, workman prays for his reinstatement with backwages.

3. 2nd party management filed Written Statement opposing claim of workman at Page 10/1 to 10/5. 2nd party raised preliminary objection that while making reference, Government has decided there was employer employee relationship. Relationship of employer employee is not existing between parties. Therefore reference is illegal. That Union of Ist party workman is not operating in 2nd party Bank therefore reference is not tenable. 2nd party further reiterates that workman was not employee of the Bank, he is not covered as workman under ID Act. Reference deserves to be rejected. Workman is not entitled to any relief. It is further submitted that casual workers were not appointed in accordance with the rules. Casual labours were working on daily wages on temporary basis. Temporary casual labours cannot be retrenched. As their services were engaged for a specific day. Their services come to end at end of day. Non-engagement of daily wage employees is covered under Section 2(oo)(bb) of ID Act. It doesnot amount to retrenchment. Ist party workman was engaged by Branch Manager as daily wager. He has no authority to appoint. The certificate issued by Branch Manager doesnot give right to regular appointment to Ist party was not engaged. Ist party was not competent to appoint him. That criteria of continuous employment provided under Section[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5323 25 B doesnot apply in the case. Ist party was intermittently engaged on contract basis. Management has not violated provisions of Section 25-F of ID Act. Branch Manager has made necessary arrangement for getting work done and amount paid to daily wager is reinstated from Bank. Ist party workman had not completed 240 days continuous service in 12 months. Ist party is not entitled for regularization, violation of Section 25 B , 25-F,G , N.H doesnot arise. Workman is not entitled to any relief.

4. Ist party filed rejoinder reiterating his contentions in statement of claim.

5. Considering pleadings on record, the points which arise for my consideration and determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the management of Bank of India in denying regularization and terminating the services of Shri Mukesh Yadav, Ex-Sepoy w.e.f. 30-8-97 is legal and justified? I n Negative
(ii) If not, what relief the workman is entitled to?" As per final order.

REASONS

6. Point No. 1 : The term of reference pertains to denial of regularization and termination of services of workman. Workman filed affidavit of his evidence supporting his contentions in statement of claim. That he was engaged on daily wages, badly sepoy. On 5-5-92, he was paid Rs.53/- per day. The charges were increased time to time. Last wages paid to him Rs.98/- per day. The muster roll was maintained on its basis, he was paid wages. He was paid bonus for the period 1992 to 1995. He was not paid bonus for 1996 to 30-10-97. He worked continuously more than 240 days during 15-5-92 till 30-8-97. His services were terminated without notice, retrenchment compensation was not paid to him. From evidence of workman, documents Exhibit W-1 to 3 were seen by him with clerk N.K.Tiwari who was maintaining his attendance. Workman further explained name of clerk was Shri N.P.Tiwari. workman denies that Bank was not maintaining list of daily wage employees. That Exhibit W-1 to 3 were given to him by Mr.Bhale. He was not working at Satta Bazar branch in 1997. Exhibit W-2 doesnot bear signature of any officer, it bears only initial. He was paid bonus for 1992-96, bonus was paid after examining documents. During 1992, he was paid wages Rs.55 per day. Every year bonus was paid to him around Rakhi festival. He had seen register of payment of bonus maintained in personal section. He did not remember name of officer paying bonus to him. Exhibit W-2 doesnot bear his signature. Exhibit W-2 doesnot bear signature of the Officer but it bears initial of the Officer.

7. In his further cross, workman says Shri D.N.Kulkarni who engaged him was not earlier acquainted with him. He had visited Bank after getting knowledge about requirement of daily wage employees. His name was not sponsored through Employment Exchange. He was doing work of cleaning sweeping, drinking water and handling record. When he was engaged on daily wages, 8-10 regular employees were working in the Bank. He was engaged during leave period of regular employees. He was paid wages every day. His signatures were obtained on daily pay register by Shri N.P.Tiwari. wages were paid to him under vouchers. voucher was not signed by him. He was paid wages as per Attendance Register and payment vouchers. he was supplied copy of daily payment register, it is not produced in the case. Copy of vouchers were not supplied to him. During the year 1996, he worked for about 200-250 days. Record in that regard is available. On 30-8-97, he was stopped from working. During 30-8-96 to 30-8-97, he worked for about 200-250 days. He passed 8th standard in 1990. He was engaged during leave period of regular employee. Ist party has produced certified copy of Exhibit W-9 in R/19/00 related to payment of wages to daily wage peon. Certified copy in R/19/00 is produced by Ist party. Name of workman Mukesh is appearing at Sl.No.3. the details of the working days and payments made to workman during 1994-95 are shown in said document.

8. Management filed affidavit of evidence of Shri A.B.Naik supporting contentions of management in Written Statement. That casual labours are engaged on day to day basis as per requirement on call of Branch Manager. That Ist party was engaged on daily ages. Manager has no authority to appoint person in subordinate cadre. That Ist party had not worked more than 240 days during 12 months preceding his termination. That bonus is paid for working of any person for 30 days. It has no relevance to the present case. Management's witness in his cross examination says he cannot identify workman. He was working at Satha Bazar for 2 years prior to 1997. He not received information from Branch Managers working earlier. Management's witness claims ignorance what procedure was followed before engaging workman. Permission of Controlling Authority used to be received for engaging casual labours. He was unable to tell area of the branch or the number of sanctioned post of sub staff. Payment to the casual labours was made under voucher. Name of the employee was not written on vouchers. he did not remember whether signatures of employee used to be obtained regarding the payment. During his tenure, 2-3 casual employees were working. He5324 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] claims ignorance whether any record was maintained w.r.t. casual employees. Casual employees were doing work of taking files to the concerned officers, supplying drinking water etc. Ist party workman was paid wages as per prevailing rate but document regarding prevailing rate of wages is not produced. Workman was not served notice, retrenchment compensation was not paid to him. Evidence of Ist party and evidence of management's witness is on oath against oath. Engagement of workman is admitted, certified copy Exhibit W-10 in R/19/00 working days of workman for year 1994-95, 95-96 are shown. Payment of bonus of Ist party for year 1992 to 1995 is admitted. Management has produced documents Exhibit W-1 is copy of order of reference. Documents Exhibit W-1 to 4 produced by Ist party pertains to other persons are not relevant for deciding the claim under reference. Management produced document Exhibit M-1 policy relating to engagement of subordinate staff. Ist party had submitted application for production of documents on 21-6-07. Management in its reply contented that the documents are not preserved in the Bank for 8 years. When documents are produced , evidence of management's witness that workman not completed 240 days continuous service is without corroboration therefore evidence of workman deserves to be accepted. From evidence of Ist party workman and documents certified copy in R/19/00, workman has established that he worked more than 240 days preceding 12 months of his termination. Services of workman are terminated without giving notice, he was not paid retrenchment compensation. Therefore termination of workman is illegal. For above reasons, I record my finding in Point No.1 in Negative.

9. Point No. 2 : In view of my finding in Point No.1 termination of services of workman are illegal, question remains for consideration whether workman is entitled for reinstatement with backwages. Evidence on record shows that workman was working on daily wages from 15-5-92 till 30-8-97 for about period of 5 years. Workman was not appointed following recruitment rules rather in his affidavit of evidence, workman says he was engaged as badly peon.

10. Learned counsel for management Shri A.K.Shashi submits that badly employee is not entitled for regularization. Learned counsel relies on ratio held in case between

Dhampur Sugar Mills Ltd versus Bhola Singh reported in AIR-2005-SC-1790. Their Lordship held that daily wager completing 240 days continuous service may not itself be ground for directing regularization of services. Particularly in case when workman had not been appointed in accordance with extant rules.

Further reliance is placed on case between Karnataka State Road Transport Corporation versus S.G.Kotturappa and another reported in 2005-II-LLJ-161. Their Lordship held badly workers includes only in wait list and not select list. Their service if found not suitable can be discontinued. Badly enjoys no status, holds no civil post. Termination of badly workers was held proper.

In ratio held in Bangalore Metropolitan Transport Corporation versus T.V.Anandappa reported in 2009(17)SCC- 473. Their Lordship dealing with casual labour daily wager, badly worker held protection of ID Act 1947 not available.

In case between Suresh Kumar Verma versus State of MP and others reported in 2012/134/FLR-904. Their Lordship held petitioners were found that they were never engaged against any vacant post duly sanctioned and hence they were not found fit to be regularized.

Reliance is also placed on Jagbir Singh versus Haryana State Agriculture Marketing Board and another reported in 2009(15)SCC-327. Their Lordship held reinstatement with full backwages in case of illegal retrenchment of daily wager not proper, instead compensation should be awarded.

In case between Accounts officer APSRTC and others versus K.V.Ramana and others reported in AIR-2007- SC-1166. Their lordship dealing with respondent appointed as contract sweeper and attender in State Transport Corporation continued as such for many years held their services cannot be regularized as their appointment were dehors rules and constitutional scheme of public employment.

Copies of award in R/12/96, 2/92 are also submitted for consideration. Each case needs to be decided considering evidence and facts. In present case, Ist party was engaged on daily wages. It is not case of management that workman was engaged as badly. The contentions of management are casual employee is not entitled to protection of ID Act. Ist party workman completed more than 240 days continuous service. He was terminated without notice. Considering above aspects in my considered view, workman is not entitled for reinstatement. Considering above aspects in my considered view, workman is not entitled for reinstatement. In view of citation relied in case of Bhavnagar Municipal Corporation, workman deserves to be awarded compensation of Rs.1,50,000. Accordingly I record my finding in Point No.2.

11. In the result, award is passed as under:-

(1) The action of the management of Bank of India in denying regularization and terminating the services of Shri Mukesh Yadav, Ex-Sepoy w.e.f. 30-8-97 is illegal.

(2) Management is directed to pay compensation Rs.1,50,000 to the workman.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5325

Amount as per above order shall be paid to workman within 30 days from the date of notification of award. In case of default, amount shall carry 9 % interest per annum from the date of award till its realization.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1980.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार यूको बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 57/2009द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त

हुआ था।

[सं. एल-12011/145/2008-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 16th August, 2017

S.O. 1980.—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, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of UCO Bank and their workmen, received by the Central Government on 16.08.2017.

[No. L-12011/145/2008-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/57/2009

General Secretary, Prathadit Karmchari Kalyan Manch, F-1, Tripti Vihar, Opp.Engineering College, Ujjain (MP)

…Workman/Union

Versus

Assistant General Manager, UCO Bank, Regional Office, 380, Saket Nagar, 2nd Floor, Indore

…Management

AWARD

Passed on this 30th day of June, 2017

1. As per letter dated 25-3-09by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L- 12011/145/2008-IR(B-II) .The dispute under reference relates to:

"Whether Shri Harinarayan Solanki S/o Bhaggaji Solanki is entitled for payment of difference of wages as per Bipartite Settlement? What relief the concerned workmen is entitled to?"

2. After receiving reference, notices were issued to the parties. Ist party submitted statement of claim. Workman submits he was engaged as sub staff/ peon from 13-3-89. He was working for whole day for 8 hours in a day. He completed 240 days in a year. He was paid initially Rs.20 per day which was increased to Rs.25,30,35,40,45,50 for working in vacant post of peon. He was paid bonus. His services were terminated without notice. Workman claims difference of wages as per Vth & VIIIth bipartite settlement, details given in para 4 of statement of claim. Management has violated settlement. On such ground, workman prays for difference of wages as stated above.

3. 2nd party filed Written Statement raising preliminary objection. That Shri Ram Nagwanshi is claiming to be as General Secretary of Daily Wage Bank employees Union is not competent to raise and prosecute the dispute. Shri R.Nagwanshi is prosecuting several disputes, he is conversant with English Hindi language. Management is directed to engage Advocate. Ist party has not produced documents about workman represented through Union. That workman had raised dispute 140/0 claiming appointment as per letter dated 10-12-90. His engagement was as part time sweeper for5326 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] less than six hours in a week, remuneration Rs.200 per month. The nature of his work was contingent casual, revision of pay of sub staff workman is not entitled. Management reiterates workman raising dispute R/140/0 on remuneration Rs.200 per month as part time sweeper. Workman challenged termination of his service. In R/40/0, management filed Written Statement. Written Statement revealed workman engaged as part time sweeper, remuneration Rs.200 per month. It is reiterated that in his statement of claim, he had pleaded that he was engaged on daily wages/ monthly wages part time workers. Workman is not entitled to scale wages claimed by him under Bipartite Settlement.

4. Considering pleadings on record, the points which arise for my consideration and determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether Shri Harinarayan Solanki S/o Bhaggaji Solanki is entitled for payment of difference of wages as per Bipartite Settlement? In Negative
(ii) If not, what relief the workman is entitled to?" Workman is not entitled to any relief.

REASONS

5. Point No.1- The term of reference pertains to whether Ist party workman is entitled to difference of wages as per bipartite settlement. Workman has not adduced oral evidence. Representative of workman submitted that on 12th August 2014, documents produced by management admitted by Ist party Exhibit M- is application submitted by Shri Ram Nagwanshi in support of claim. Exhibit M-2 is order of engagement of Ist party workman as part time employee for working less than 6 hours in a week on remuneration Rs.200. Exhibit M-4 is application for withdrawal of R/140/01. Exhibit M-5 is copy of affidavit of evidence submitted by workman in R/140/0. Copy of award in R/140/0 is produced at Exhibit M-6. Management filed affidavit of evidence supporting whole contentions in Written Statement filed by management, copy of settlement Vth Bipartite settlement is produced at Exhibit M-7. Settlement was entered between representative of Bank employers and representative of workman All India Bank Employees Association. Clause 18 at Page 368 deals with part time employees subordinate staff. If their total working hours per week are 3 hours, remuneration Rs.60 per month, more than 3 hours- Rs.175 per month, six hours to 13 hours a week- 1/3rd of scale wages with proportionate annual increment.

6. Learned counsel for 2nd party management Shri Bhattacharjee during course of argument emphasized that workman is not a sub staff working 6 hours in a week, settlement is not applicable. Ist party is not workman under Section 2(s) of ID Act. Ist party was part time sweeper. Evidence of management's witness Sandeep Chandrapal Para-5 is clear that engagement of Ist party workman was as part time sweeper for less than six hours in a week, remuneration Rs.200 per month. Management's witness in his cross says there was no peon in Bank, only daftary was working. Ist party was not working on pay scale, he was paid Rs.200 per month for working less than six hours. In Vth Bipartite settlement clause 8 for working more than 3 hours remuneration is Rs.175 per month, for working 6 to 13 hours, 1/3rd of scale wages. Workman was engaged for less than six hours in a week, he would be entitled to remuneration Rs.175 per month. Workman is already paid Rs.200 per month more than Rs.175 for working for less than 6 hours. Therefore claim for difference of wages is not established. For above reasons, I record my finding in point no.1 in Negative.

7. In the result, award is passed as under:-

(1) The action of the management is legal and proper.

(2) The workman Shri Harinarayan Solanki S/o Bhaggaji Solanki is not entitled for payment of difference of wages as per Bipartite Settlement.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1981.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार बैंक ऑपफ इंडिया के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 96/2002द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त

हुआ था।

[सं. एल-12011/49/2002-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5327

New Delhi, the 16th August, 2017

S.O. 1981.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 96/2002) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Bank of India and their workmen, received by the Central Government on 16.08.2017.

[No. L-12011/49/2002-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/96/2002

General Secretary, National Bank Karmchari Sangathan, Hardev Nivas, 9 Sanwer Road, Ujjain

…Workman/Union

Versus

Zonal Manager, Bank of India, Zonal Office, Ujjain

…Management

AWARD

Passed on this 30th day of June, 2017

1. As per letter dated 18-6-02 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L- 12011/49/2002-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Zonal Manager, Bank of India, Zonal Office, Ujjain to dismiss Shri Naval Kishore Raikwar from service w.e.f. 29-9-99 is legal and justified? If not, what relief the workman is entitled for?"

2. After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim at Page 4/ to 4/9. Case of workman is that on 31-10-97, he had taken loan of Rs.12000 from Bank of India Staff Society. After deducting amount of interest, he had paid cheque of Rs.11,160/-. Said cheque was deposited in his Account No.17569. On same day, he withdrawn amount of Rs.10,000/-. He was given one bundle of Rs.100 denomination. On 8-11-97, he had requested loan of Rs.15,000 from Bank of India Ujjain Staff Society. He was paid cheque of Rs.11,850 after deducting amount of interest. One bundle of Rs.100 denomination was received by him. On 9-12-97, he had submitted deposits claim for deposit of Rs.17000 in Account No.17569. he handed over two bundle of Rs.100 denomination to the cashier. He was returned 3 bundle of Rs.10 denomination for Rs.3000 he got prepared FD of Rs.17000, its entry is taken in Saving Account No. 17569. On 9-12-97, while he was travelling on his bullet, said bullet suddenly stopped. While he was trying to leave, police came to him and apprehended. Police seized his bullet and other documents.

3. Ist party workman further submits that on 9-12-97, there was fraud of Rs.20,000 for depositing and preparing FD. Management suspected him and issued chargesheet. Workman was also suspended. Maheshwari was appointed as Enquiry Officer, Shri Gupta appointed as Presenting Officer. Workman had given reply to the chargesheet. Management had allowed Defence Representative. However he had not appeared in the Enquiry Proceedings. That enquiry was conducted without defence representative. Opportunity for cross examination of management's witnesses was not given. Enquiry Officer submitted his report holding him guilty of charges. Without issuing notice, punishment of dismissal was imposed against him. Appeal filed by him was dismissed by Appellate Authority. Workman further submits that he is falsely implicated in the charges. Charges alleged against him are false. He was represented that he was implicated for the charge of collective fraud. Workman submits that he was not served chargesheet within 30 days. Enquiry Officer was appointed without considering his reply to the chargesheet. It is reiterated that he was not allowed to cross examine management's witness and produced his Defence Assistant. On such ground, workman prays for his reinstatement with backwages.

5328 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

4. 2nd party filed Written Statement opposing claim of workman. 2nd party submits that Ist party was working as Daftary at Freeganj branch, Ujjain. Bearer cheque dated 2-12-97 was issued by M/S Brijmohan Agrawal for Rs.20,000 in favour of Vikram Singh. Said cheque was presented in the credit of M/S Rekha Lalwani SB Account No.19927. Credit Voucher was prepared by Shri R.L.Gurnani was handed over to Shri Kishore Shkalye, CTO for posting in ledger. In the meantime pair of vouchers was separated by the workman. He secured Token No. 64,65 from CPO Office telling him that the token were required by deposit department. Workman himself entered details of cheque payments scroll book writing Token No.64 on reverse side of cheque. Workman received amount of Rs.20,000 from cashier Mrs. Pushpa Tiwari representing her amount was to be deposited in depositor's account. Workman handed over token No.64 to Pushpa Tiwari. Workman received two bundle of Rs.100 denomination. Workman got pay-in-slip in SB Account No. 17569 at Scroll counter. He deposited Rs.17000 cash at cash counter. He had given Rs.20,000 and received back Rs.3000. 2nd party management submits workman was suspended on 12-12-97 after the documents and vouchers Token No.65 were seized by police from workman. Chargesheet was issued to workman on 10-10-96. Details of the chargesheet are given in Para 4 of the Written Statement pertains to fraudulently receiving amount Rs.20,000 under bearer cheque dated 2-12-97 and depositing amount Rs.17,000 in his SB Account No. 17569. Enquiry Officer Shri S.L.Mahesh Lalwani was appointed, R.K.Gupta appointed as Presenting Officer. Enquiry was held on various dates, details given in Para-6 of the Written Statement. Enquiry Officer held charges against workman proved. Workman was given opportunity for cross examining witnesses but he declined to cross examine management's witness. It is reiterated enquiry is proper and legal. After Enquiry Officer submitted report holding workman guilty, showcause notice was issued. Punishment of dismissal is imposed against workman is legal. Management claims ignorance about reasons why Defence representative did not appear in the enquiry. Workman was paid his terminal dues. On such ground, 2nd party submits that reference be answered in its favour. Ist party has filed rejoinder reiterating contentions in statement of claim.

5. As per order dated 14-8-2013, enquiry conducted against workman is found legal.

6. Considering pleadings between parties and order on preliminary issue, the points which arise for my consideration and determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether the misconduct alleged against workman is proved from evidence in Enquiry proceedings? In Affirmative
(ii) Whether the punishment of dismissal imposed against workman is proper and legal? In Affirmative
(ii) If not, what relief the workman is entitled to?" Workman is not entitled to any relief.

REASONS

7. Enquiry conducted against workman is found legal as per order dated 14-8-13. Therefore charges alleged against workman are proved needs to be decided from evidence in Enquiry Proceedings. Chargesheet issued to workman is produced by management at Exhibit M-5 pertains to fraudulent withdrawal of Rs.20,000 producing Token No. 64 and depositing Rs.17000 in FDI and get back 3 bundles of Rs.0 denominations. Enquiry Proceeding is produced at Exhibit M-6. Shri Ram Nagwanshi was given authority as Defence Representative of workman. In statements of witnesses, Shri L.M.Ojha is devoted on the point that fraud of Rs.20,000 was committed in Freeganj branch on 9-12-97. He was informed by clerk ad officer of the Bank that several vouchers in the Bank were missing. He repeated vouchers were prepared, cheque of Rs.20,000 deposited by Mr. Gurmohan Agrawal, their entry was taken in the register. Wrong entries were taken in the payment register.2 tokens 64, 65 were obtained by workman from Kishore CTO. Workman had issued amount Rs.20,000 from cashier Pushpa Tiwari. Smt. Subadhra Chouhan discussed that workman deposited Rs.20,000- 2 bundle of Rs.100 denomination and he was returned 3 bundles of Rs.10 denomination – amount Rs.3000. evidence of Mr.Ojha is corroborated by witnesses S.S.Dalal, O.P.Pal, Dinesh Chanda. Dinesh Chanda in his statement says that DVD of Rs.30,000 voucher was stoled by him. Workman deposited Rs.7,000 in his Account, amount Rs.3000 was returned back to him. Mrs. Subadra Chouhan, Mr. Pushpa Tiwari, Kishore Kumar, Ratan Lal Gurnani corroborated evidence of Mr.Ojha and other witnesses. Ist party workman declined to cross examine all witnesses of the management. Defence Representative did not appear and cross examine witnesses of the management. Enquiry Officer submitted his report at Exhibit M-11 holding workman guilty. The original documents referred in enquiry and documents MEX-1 to 33 are produced. These documents were referred to handwriting expert. Opinion of handwriting expert Shri N.G.Deshpande is submitted. During Enquiry Proceedings, handwriting Expert Deshpande was not examined. Evidence of all witnesses of management remained unchallenged and Enquiry Officer has considered evidence of management's witnesses. As enquiry is found legal, I find no reason to re-appreciate the evidence.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5329

8. Shri A.K.Shashi counsel for management relies on ratio held in case between-

Nand Kishore Prasad versus State of Bihar and others reported in 1978(3)SCC-366. Their Lordship dealing with disciplinary proceedings order short but disclosing that there was some evidence pointing to the guilt of delinquent officer.

In present case, there is unchallenged evidence of management's witnesses about fraudulent act committed by workman.

So far as ratio held in case between State Bank of Patiala and others versus S.K.Sharma reported in 1996(3)SCC-364 relates to principles of natural justice. Enquiry conducted against workman is also found legal therefore detailed discussion is not required.

9. Evidence discussed above sufficiently proves the misconduct/ charges alleged against workman. Therefore I record my finding in Point No.1 in Affirmative.

10. Point No.2- The punishment of dismissal imposed against workman is proper or legal needs to be decided. In view of my finding in Point No.1. Charge of fradulent act of misappropriation of Rs.20,000 proved against workman is certainly act of serious nature. Shri A.K.Shashi relies on ratio held in case between

Union Bank of India versus Vishwa Mohan reported in 1998-I-LLJ-1217. Rati held in the case pertains to in banking business absolute devotion, diligence and integrity need to be preserved by every bank employee and in particular by bank officer. If this is not observed, confidence of depositors would be impaired.

Copy of award in R/38/90, R/117/97 , Judgement in Writ Petition No108/02 are submitted for consideration. Detailed discussion is not required as charge proved against workman is of fraudulent of Rs.20,000 is of serious nature. The punishment of dismissal against workman is proper and legal. Shri A.K.Shashi also relies on ratio held in case between Post Master General, Kolkata versus Tutu Das reported in 2007(5)SCC-317.

Ratio held in the case pertains to regularization in service has no direct bearing to the case at hand and needs no consideration. For reasons discussed above, I record my finding in Point No.2 in Affirmative.

11. In the result, award is passed as under:-

(1) The action of the management of Zonal Manager, Bank of India, Zonal Office, Ujjain to dismiss Shri Naval Kishore Raikwar from service w.e.f. 29-9-99 is legal and proper.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1982.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार देना बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अध्किरण/श्रम न्यायालय, जयपुर के पंचाट ;संदर्भ सं. 15/2017द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त हुआ था।

[सं. एल-12011/06/2017-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 16th August, 2017

S.O. 1982.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 15/2017) of the Central Government Industrial Tribunal-cum- Labour Court, Jaipur as shown in the Annexure in the Industrial Dispute between the management of Dena Bank and their workmen, received by the Central Government on 16.08.2017.

[No. L-12011/06/2017-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR

BHARAT PANDEY, PRESIDING OFFICER

I.D. 15/2017

Reference No. L-12011/06/2017-IR (B-II) Dated: 1.5.2017

5330 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

The General Secretary Dena Bank Employees Union & Dena Bank Officers Union, Central Office via Dena Bank, M.I.Road, Jaipur.

V/s

1. The General Manager (HRM)

Dena Bank, Dena Corporate Centre, C-10, G Block, Bandra Kurla Complex, Banmdra East, Mumbai.

2. The General Manager (Field)

Dena Bank, Bank of Baroda Building, 5th, Floor, Sansad Marg,New Delhi.

3. The Manager

Dena Bank, Jaipur Zone, UDB Building, Near Hotel Mango, Govind Marg, Adarsh Nagar, Jaipur.

AWARD

30.6.2017

1. The Central Government in exercise of the powers conferred under clause (d) of Sub Section 1 & 2 (A) of Section 10 of the Industrial Disputes Act 1947 has referred the following Industrial dispute to this tribunal for adjudication:-

"Whether the action of the management of Dena Bank, Bandra, Mumbai in not revoking the suspension

of Shri Lokesh Mishra, Special Assistant is legal, just and proper? If not, what relief the said workman is

entitled to and from which date?"

2. Pursuant to the receipt of the reference order, registered notices were issued to both the parties as per the order of the tribunal dated 19.5.2017 fixing 30.6.2017 for filing statement of claim. On 30.6.2017 Sh. Lokesh Mishra, the person named in reference appeared in person & alleged that his suspension has been questioned in the reference whether non-revocation of suspension by management is legal, just & proper or not but he has already been reinstated & his suspension has been revoked by management hence, there is no need to file statement of claim. On behalf of non- applicant Sh. Bhawani Singh Rathore, Zonal Manager & Bhawana Singh, HR Officer were present. It was pointed out by Sh. Bhawani Singh Rathore, Zonal Manager that Sh. Lokesh Mishra has already been reinstated hence, the question of non-revocation as alleged in the reference does not exist. He has also pointed out to the management's memorandum JP/HRM/Revocation.Suspension/02 dated 31.3.2017 available on record about revocation of suspension & reference has been made about memorandum dated 31.3.2017 in the letter dated 15.5.2017 addressed to the tribunal informing the fact that suspension of the applicant has been revoked. The memorandum dated 31.3.2017 reads as under:-

MEMORANDUM

"Shri Lokesh Mishra, Special Assistant, Dena Bank, MI Road Branch, Jaipur Zone was suspended from the Bank's Service vide Suspension Order No. JP/HRM/SUSPENSION/02/2015 DATED 02ND February 2015 pending police enquiry/proceedings.

Keeping in view that investigation can proceed reasonably after considering his request for revocation of suspension since he is drawing full emoluments from Bank it has been decided to revoke his suspension order without prejudice to take disciplinary action against him.

Accordingly, I, as disciplinary authority having power conferred upon me and considering the recommendation of HO vide letter Ref: Disc/372/2017 dt. 30.3.2017, hereby revoke his suspension order with immediate effect on the date of receipt of this Memorandum.

Shri Lokesh Mishra is further informed that till further orders, for the period of suspension, he will not get anything but subsistence allowance which he has already got. Decision regarding payment of difference of salary and subsistence allowance will be taken after final outcome of the disciplinary case pending against him.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5331

Shri Lokesh Mishra is hereby posted at CTS Cell under MI Road Branch, Jaipur Zone and thus is advised to report to Incharge CTS, Dena Bank, MI Road Branch, Jaipur Zone immediately on receipt of this order.

s/d illegible

Dy. Zonal Manager & Disciplinary Authority

Dena Bank, Jaipur Zjone

To,

Shri Lokesh Mishra

Special Assistant

Dena Bank MI Roiad Branch, Jaipur Zone.

Copy to:

1. The Branch Manager, Dena Bank, MI Road Branch

2. Incharge CTS Cell, Jaipur.

3. HRMS Incharge, Jaipur Zone

4. EDP Incharge, Jaipur Zone: For transfer of CBS User Id to CTS Cell.

5. The GM (NIO), Dena Bank, New Delhi.

6. The GM (HRM), Dena Bank Head Office, Mumbai.

7. Personnel File : Shri Lokesh Mishra, Special Assistant.

(signature illegible)

Dy. Zonal Manager & Disciplinary Authority

Dena Bank, Jaipur Zone."

3. From the fact of revocation of suspension as mentioned in memorandum dated 31.3.2017 & from the self contention of Sh. Lokesh Mishra that he does not require to file statement of claim because suspension has already been revoked, I am of the view that "No Claim Award" will be sufficient to meet the end of justice. Accordingly, "No Claim Award" is passed in the matter.

4. Award as above.

BHARAT PANDEY, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1983.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार केनरा बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अध्किरण/श्रम न्यायालय, लखनऊ के पंचाट ;संदर्भ सं. 120/2011द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त हुआ था।

[सं. एल-12011/34/2011-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 16th August, 2017

S.O. 1983.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 120/2011) of the Central Government Industrial Tribunal-cum- Labour Court, Lucknow as shown in the Annexure in the Industrial Dispute between the management of Canara Bank and their workmen, received by the Central Government on 16.08.2017.

[No. L-12011/34/2011-IR (B-II)]

RAVI KUMAR, Desk Officer5332 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 120/2011

Ref.No. L-12011/34/2011-IR(B-II) dated 08.11.2011

BETWEEN :

Canara Bank Employees Union C/o Canara Bank, Satya Business Park 1, Naval Kishore Road Lucknow

AND

1. The Dy. General Manager, Canara Bank, Circle Office Lucknow

2. The General Manager, Canara Bank Head Office Bangalore

AWARD

1 By order No. L-12011/34/2011-IR(B-II) dated 8.11.2011 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 the Secretary, Canara Bank Employees Union C/o Canara Bank, Satya Business Park, 1, Naval Kishore Road, Lucknow (espousing cdause of Sri Ram Gobind) and the Dy.General Manager/General Manager, Canara Bank, Lucknow/Bangalore for adjudication.

2. The reference under adjudication is:

"WHETHER THE ACTION OF THE MANAGEMENT OF CANARA BANK IN IMPOSING THE

PUNISHMENT OF COMPULSORY RETIREMENT ON SHRI RAM GOBIND, EX-CLERK VIDE ORDER

DATED 22.09.2009 IS LEGAL AND JUSTIFIED? WHAT RELIEF THE WORKMAN IS ENTITLED TO?"

3. As per the claim statement W-3, the employees Union has stated in brief regarding its registration and service condition etc. The petitioner has submitted that Sri Ram Gobind was posted as Computer Terminal Operator at Gorakhpur Branch of the bank and he was served with a charge sheet dated 04.02.2008. The opposite party was although duty bound to follow the Bipartite Settlement, yet the same was ignored, the charge sheet has not been issued keeping in view the provisions of Standing Orders; it was issued by Acting DGM, but he was not a competent authority. The appointment of Enquiry Officer was also not proper and lawful. The employee was wrongly suspended by the Acting DGM, mandatory Rules were also not followed and later on the workman was awarded punishment of Compulsory Retirement although the opposite parties did not have lawful sanction for the same.

4. It has further been asserted by the Union that the alleged complainants were not summoned by the enquiry officer, opportunity to cross examine them was not afforded to the workman, and he was not permitted to defend himself properly, consequently the charge sheet is vague and ambiguous. The record and documents relied by the opposite party was not duly approved by the opposite party, unauthorized photo copies were relied upon. The Acting GM mechanically relied upon the enquiry report without application of mind and major punishment was awarded. With the aforesaid pleadings the petitioner has requested to set aside the charge sheet dated 04.02.2008 and the subsequent enquiry procedure and punishment dated 22.09.2002 as well. He has prayed to set aside the Appellate Authority's order and to reinstate the workman with all the consequential benefits. Adequate compensation has been demanded and directions have been sought to treat the period of suspension as on duty and it has been requested to initiate action against the opposite party for breach of Settlements and award and for committing unfair labour practice.

5. Several annexures have been enclosed alongwith the claim statement.

6. The management has filed written statement M-15 whereby allegations of the claim statement have been denied and opposite party has stated that the Disciplinary Authority/DGM had issued the charge sheet as per Rules. The opposite party has asserted that on 02.06.2008 a sum of Rs.38,5000/- and Rs.24,000/- was received by the workman[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5333 who was performing the duty of Cashier at the Branch and he had issued signed Counter foils to the parties but he did not credit the above amount in the respective accounts of the parties. Details have been furnished in the written statement by the opposite party. Procedure adopted during the enquiry has also been elaborately mentioned by the management.

7. The opposite party has asserted that speaking and reasoned order was passed by the Disciplinary Authority and opportunity to prefer appeal was also provided. The Appellate Authority after personal hearing disposed off the appeal vide speaking order dated 28.06.2010. Several prouncements of Hon'ble Supreme Court have been mentioned in the written statement.

8. The management has stressed that as per the normal administrative functioning of the bank the competent authority had issued the charge sheet, the version submitted by the petitioner is misconceived and distorted. The punishment awarded by the authority is fully justified. The management has emphasized that information was sent to the complainants to appear before the Enquiry Officer but they did not turn up, the workman was free to produce them as defence witness but he also failed to do so. With the aforesaid averments, the opposite party has requested to adjudicate the award against the workman and as he is not entitled to any relief. Service code and other documents have been enclosed by the opposite party.

9. While reiterating the pleas taken in the claim statement and with denial of the facts alleged in the written statement, rejoinder W-16 and W-18 have been filed by the workman and thereafter another reply was filed by the management alongwith annexures.

10. The management has filed certain documents as per list M-20. Another application W-21 dated 22.04.2013 was submitted by the workman. The management filed certain documents as per list M-20.

11. Affidavit W-25 was filed by the workman as evidence and he was thoroughly cross examined by the management. The management filed affidavit M-29 of Sri Arun Srivastava, Chief Manager, Canara Bank in its evidence, he was cross examined on behalf of the workman.

12. Arguments of both the parties have been heard at length. Record has been perused thoroughly.

13. Preliminary issues were framed by the then Hon'ble Judge on 08.01.2013 as under;

1. Whether the departmental enquiry conducted by the management was fair & proper?

2. Whether the findings of Inquiry Officer are perverse?"

14. Preliminary issue no. 1 has been decided against the management vide my order dated 07.04.2015.

15. Later on management submitted affidavit of Sri Rajiv Ranjan Kumar and Sri Nand Lal as M-35 and M-42, both were duly cross examined on behalf of the workman.

16. It is an admitted fact that the workman Sri Ram Gobind was working as Computer Terminal Operator at Gorakhpur Branch of the Canara Bank and there he was served upon charge sheet dated dated 04.02.2008 for alleged misconduct. Vide order dated 07.04.2015 it has been observed by me that the management did not produce original of the documents relied upon before the enquiry officer and more over sincere endeavor was not made to produce the so called complainants during the enquiry proceedings, so as to afford an opportunity to the employee to cross examine them. It has been argued by the management that the complainants did not appear before the enquiry officer although the information was sent to them and the workman should have contacted them himself. The workman vehemently opposed this argument. Learned AR for the workman has relied upon the following prouncements:

1. Civil Appeal No. 7431 of 2008 (arising out of SLP No. 14429 of 2007 passed by Hon'ble Supreme Court, Roop Singh Negi Vs Punjab National Bank. Judgment dated 19.12.2008.

2. (2014 (4) SCR 875 SC) Tapash Kumar Paul Vs BSNL & another.

3. Civil Appeal No.1020 of 2011 decision dated 13.04.2016, Raj Kumar Vs. Director of Education and Others, Hon'ble Supreme Court.

4. Writ No. A-32569 of 2010 dated 06.02.2012, Gurusharan Singh Duggal Vs Punjab & Sind Bank, Hon'ble Allahabad High Court.

17. The opposite party has submitted that the above Rulings do not apply to the case.

18. The Learned AR for the management has referred following Rulings to support its version:

1. Tarun Kumar Banerjee Vs State Bank of India, Supreme Court (2000) Judgment dated 19.09.2000.

2. 2003 (3) SCC, Page 583 Lalit Popli vs Canra Bank.

5334 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

3. (2017) 1 UPLBEC 549(HC) Prem Narain Khanna Vs Central Bank of India & others.

4. 2005 SCC (L&S), 567 Damoh Panna Sagar Rural Regional Bank Vs Munna Lal Jain.

5. 2005 SCC (L&S) 407 Divisional Controller KSRTC Vs A.T. Mane.

6. AIR 1997 SCC 3571 Govt. of Tamil Naidu Vs K.N. Ramamurthy.

19. The workman submits that the aforesaid Rulings are not consistent with the facts in issue, in the present dispute.

20. It has been alleged by the management that the workman has received Rs.38,500/- and Rs.24000/- from Sri Shyamji Pandey, Prop M/s Hari Shankar Gupta) (Current A/C 326) and Smt. Kalawati Devi, Prop. M/s Shiv Enterprises (ODCC A/C 10216) on 02.06.2008 respectively, but did not deposit the same in their accounts on same day, and when complaint was made, the workman and his son deposited the entire amount as under;

a. Rs.11500/ and Rs.12500/ was deposited in the ODCC A/c No. 10216 of M/s Shiv Enterprises on 13.6.2008 and 14.6.2008 respectively.

b. Rs.38500/ was deposited on 13.6.2008 in Current Account 326 of M/s Hari Shanker Gupta on 13.6.2008 and gave the counter foil to the party.

21. While strongly refuting the above statements, Learned AR for the workman argues that false allegations is being leveled due to office rivalry the workman harassed unduly.

22. It has been held by this Court that the enquiry conducted by the management and enquiry was not fair and it was not according with the principle of natural justice. The most important piece of the evidence in support of the charges could have been so called deposit slip dated 13.6.2008 and 14.6.2008 whereby the management tries to emphasise that the alleed sum has later be deposited in the Bank by the workman Sri Ram Gobind and his son (name not given in the written statement para 3.)

23. The bank officials did not produce the aforesaid original deposit slip dated 13.6.2008 and 14.6.2008, neither the so called complainant were produce before the enquiry office or before this Tribunal. Who has actually presented the aforesaid sum before the concerned bank official and who has signed the "Deposit Slip", is no where mentioned by the management. No cogent relied evidence has been adduce before this Court to this regard, by the management.

24. After having heard the intellect arguments of both the Learned ARs and perusal of the record in the light of the above prouncements made by Hon'ble Supreme Court and Hon'ble High Court, it is inferred that the action of the management in imposing the punishment of Compulsory Retirement of Sri Ram Gobind vide its order dated 22.09.2009 can not be treated as legal or justified. The punishment order is set aside accordingly, and the management is directed to reinstate the workman with the all back wages and consequential benefits within 10 weeks, from the date of notification of award, failing which the management shall also pay interest @ 6% per annum to the workman.

25. Award as above.

LUCKNOW 05.05.2017

RAKESH KUMAR, Presiding Officer

नई दिल्ली, 16 अगस्त, 2017

का.आ. 1984.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार बैंक ऑपफ इंडिया के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अध्किरण/श्रम न्यायालय, जबलपुर के पंचाट ;संदर्भ सं. 60/2002द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 16.08.2017 को प्राप्त हुआ था।

[सं. एल-12012/202/2001-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 16th August, 2017

S.O. 1984.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 60/2002) of the Central Government Industrial Tribunal-cum- Labour Court, Jabalpur as shown in the Annexure in the Industrial Dispute between the management of Bank of India and their workmen, received by the Central Government on 16.08.2017.

[No. L-12012/202/2001-IR (B-II)]

RAVI KUMAR, Desk Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5335

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/60/2002

Shri Arvind Pandit Kakde, Gandhi Colony, Lalbagh, Burhanpur, Khandwa (MP)

…Workman

Versus

Zonal Manager, Bank of India, Zonal Office, Khandwa Region, Anand Nagar, Khandwa (MP)

…Management

AWARD

Passed on this 3rd day of May 2017

1. As per letter dated 2-4-2002 by the Government of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under Section-10 of I.D.Act, 1947 as per Notification No. L-12012/202/2001-IR(B-II). The dispute under reference relates to:

"Whether the action of the management of Zonal Manager, Bank of India, Zonal Office, Khandwa Region in terminating the services of Shri Arvind Pandit Kakde w.e.f. 1996 is justified. If not, to what relief the workman is entitled to?"

2. After receiving reference, notices were issued to the parties. Ist party workman submitted statement of claim at Page 5/ to 5/3. Case of workman is that he served 2nd party Bank as peon from 1991 to 1996. The documents about daily register, bonus sheet are in custody of the Bank. That he had filed petition before ALC, Bhopal. Directions were issued to reinstate him. The termination of his service is unjustified. He may be deemed in service. After termination of his service, he suffered from mental agony etc. his family members were facing starvation. The dispute has been referred. That he is educated and eligible for post of peon, he belongs to cobbler community, SC. There are several vacancies in the Bank. That Manager not followed principles of natural justice. By amendment, Ist party has pleaded that he was continuously working in the Bank from April 91 to 96. The services are arbitrarily terminated without assigning any reasons. He was not served with notice, retrenchment compensation was not paid to him. He worked more than 240 days. Termination of his service amounts to retrenchment under Section 2(oo) of ID Act. Termination of his service is in violation of Section 25-F of ID Act. He was not classified as permanent employee as per Chapter 25 of Sastry Award. On such ground, workman prays for his reinstatement with backwages.

3. Management filed Written Statement at Page 6/1 to 6/11 opposing claim of workman. 2nd party raised preliminary objection that employer employee relationship is not existing between parties. Workman is nsot covered as workman under Section 2(s) of ID Act. Ist party workman was not on muster roll of the Bank. That casual employees engaged for temporary work in absence of regular staff. The claimant has not disclosed anything about his employment in the Bank. There was no question of termination of services of workman as he was engaged for casual nature of work. Government has made reference on assumptions of the facts which did not exist. Disputed questions of facts could not be decided by the Government. That reference is totally misconceived.

4. Appointments in the Bank are covered by statutory rules and regulations following prescribed procedure. That workman was not appointed by Regional Manager following recruitment rules and procedure. His name was not sponsored through Employment Exchange, management is required to follow reservation policy. Employment in the Bank is public employment guaranteed under Article 16 of the constitution. Ist party was engaged on daily wage basis for casual nature of job. He was paid wages by Manager directly. Casual employees are compensated by paying fair amounts. It is reiterated that workman was not appointed following recruitment rules. Workman was never appointed. There was no question of termination of his service. As workman was never appointed, there was no question of issuing notice for termination of his services. On such ground, 2nd party prays for rejection of the claim.

5. Management has also filed additional Written Statement denying that workman completed 240 days continuous service. That his services were terminated in violation of Section 25-F of ID Act. Management contends that workman is not entitled to protection of Section 25-F of ID Act. Matter in question is covered under Section 2(oo)(bb) of ID Act. Workman is not entitled to reinstatement with backwages.

5336 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

6. Considering pleadings on record, the points which arise for my consideration and determination are as under. My findings are recorded against each of them for the reasons as below:-

(i) Whether the action of the management of Zonal Manager, Bank of India, Zonal Office, Khandwa Region in terminating the services of Shri Arvind Pandit Kakde w.e.f. 1996 is justified? I n Affirmative
(ii) If not, what relief the workman is entitled to?" Workman is not entitled to any relief.

REASONS

7. The term of reference pertains to legality of termination of services of workman. Workman filed affidavit of his evidence. Workman in his affidavit of evidence says since 1991, he was working as peon. He was continuously working as peon from 91 to 96. He was doing various kinds of work. His name was entered in muster roll as Arvind sometimes "A". he was paid bonus. He worked more than 240 days during each of the year. In 1996, his services were terminated without notice. Retrenchment compensation was not paid to him. In his cross-examination, he says he was engaged by Branch Manager A.K.charya he was working under A.K.Charya for 3-4 years. Post was not advertised, his name was not sponsored through Employment Exchange. Branch Manager has asked abut his name and some questions. Shri F.C.Mehra Daftary was of his acquaintance, appointment letter was not given to him. He was engaged on daily wages. He was paid wages for his working days. His signature was obtained on vouchers. whether vouchers were prepared in name of Branch Manager, he claims ignorance. He was unable to tell for how many days, he worked in April 1991, he was unable to tell how many days he worked in each year. He was paid bonus for the days he worked. His signature was obtained on vouchers and diary about payment of bonus. The vouchers of payment of bonus was prepared in his name. in 1995-96, he was paid Rs.80 per day.

8. Management filed affidavit of evidence of Ramcharan but he did not appeared for his cross examination. Management filed affidavit of evidence of Kishan. Management's witness in his affidavit of evidence says that Branch Manager in order to ensure smooth customer service engaged persons for casual nature of work when regular subordinate staff was on leave. Branch Manager is not appointing authority. Bank is required to appoint subordinate staff following SC ST policy and candidates sponsored through Employment Exchange. Workman was not deployed against vacant post. He was engaged on daily wages for casual nature of work. During 1991 to 96, workman was engaged as peon. Workman had not worked for 240 days . From evidence of management's witness, documents M-1 to 5 are admitted. In his cross, management's witness says Ist party workman worked under him for few days. Workman was paid by Branch Manager. He was unable to tell how payment was made. He denied that Ist party was doing work of peon/ messenger. He denied that workman completed more than 240 days during 1991 to 96. He claims ignorance whether workman was paid retrenchment compensation. After disengagement of workman, any other person was not engaged.

9. Ist party workman has produced documents. Exhibit W-1 copies of payment sheets of bonus for the year 92-93. Working days of workman are shown 92 days, in 991-92 – 70 days, in 1993-94- 135 days. Ist party had submitted application for production of documents. As per order dated 22-7-13, it is clear that management had claimed that documents were not maintained. Documents about payment of bonus are not preserved for 12 years. Workman was allowed to lead secondary evidence w.r.t. documents about payment of bonus which are produced at Exhibit W-1 discussed above.

10. W.r.t. diaries of casual labours, workman was to prove said fact by adducing evidence. Workman has not adduced evidence about diaries, any co-worker is not examined. Documents produced by management Exhibit M-1 to 5 pertains to the recruitment of subordinate staff, clerks etc. Evidence of workman is clear that he was engaged as casual labour. Evidence of workman is silent about his appointment following recruitment rules. Documents regarding payment of bonus clearly shows that workman not completed 240 days service. Workman is not entitled for protection of Section 25-F of ID Act.

11. On the point, learned counsel for 2nd party Shri A.K.Shashi relies on ratio held in case between-

Bhavnagar Municipal Corporation and others versus Jadeja Govubha Chhanubha and another reported in 2015(2)SCC(L&S) 513. Their Lordship held burden to prove continuous service more than 240 days lies on workman.

Ratio held in case between UP State Warehousing Corporation versus PO reported in 2013-III-LLJ-213(All), it was held that burden to prove 240 days service lies on workman.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5337

From evidence discussed above, workman has failed to establish that he worked continuously more than 240 days during each of the year 1991 to 1996. I record my finding in Point No.1 in Affirmative.

12. Point No.2- In view of my finding in Point No.1 workman has failed to establish his services are terminated in violation of Section 25-F of ID Act, workman has failed to prove that he was continuously working more than 240 days, claim of workman is established. Therefore reliance placed by Shri A.K.Shashi in State of UP versus Hind Mazdoor Sabha reported in 2011-LAB.I.C.4322 & judgment by Hon'ble Supreme Court in Civil Appeal No. 13953 of 2015. Ratio relied by learned counsel for workman in Tapash Kumar Paul versus BSNL needs no detailed discussion. Workman is not entitled to any relief. Accordingly I record my finding in Point No.2.

13. In the result, award is passed as under:-

(1) The action of the management of Zonal Manager, Bank of India, Zonal Office, Khandwa Region in terminating the services of Shri Arvind Pandit Kakde w.e.f. 1996 is proper and legal.

(2) Workman is not entitled to any relief.

R. B. PATLE, Presiding Officer

नई दिल्ली, 18 अगस्त, 2017

काकाकाका....आआआआ.... 1985198519851985....————के न्qीय सरकार, कर्मचारी राज्य बीमा अिधिनयम, 1948 (1948 का 34) की धारा 91-क के साथ पठित धारा 88 द्वारा प्रदत्त शक्तियों का प्रयोग करते wए एतxारा इंिडयन रेअर अर्थ िलिमटेड, रेअर अर्थ िवभाग, उद्योगमंडल के रल के कारखानों/स्थापनाओं के िनयिमत कर्मचारियों को इस अिधिनयम के प्रवर्तन से छू ट प्रदान करती है। यह छू ट, अिधसूचना जारी होने की तारीख से एक वर्ष के अवधि के िलए लागू रहेगी ।

2. उक्त छू ट निम्नलिखित शतz के अधीन है; अर्थात्:-

(1) पूव|क्त स्थापना जिसमें कर्मचारी िनयोिजत हैं, एक रजिस्टर रखेगी, जिसमें छू ट प्राप्त कर्मचारियों के नाम और पदनाम दिखाये जायेंगे;

(2) इस छू ट के होते wए भी, कर्मचारी उक्त अिधिनयम के अधीन ऐसी प्रसुविधाएं प्राप्त करते रहेंगे िजनको पाने के िलए वे इस अिधसूचना 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 अविध के िलए, यदि कोई अिभदाय पहले ही किए जा चुके हों, तो वे वापस नह~ किए जाएंगे;

(4) उक्त कारखाने/स्थापना का िनयोजक उस अविध की बाबत िजसके दौरान उस कारखाने/स्थापना पर उक्त अिधिनयम (िजसे इसमें इसके प(cid:127)ात उक्त अविध कहा गया है) प्रवतर्मान था ऐसी िववरिणयां, ऐसे प्रारूप में और ऐसी विशिष्टियों सिहत देगा जो कर्मचारी राज्य बीमा (साधारण) िविनयम, 1950 के अधीन उसे उक्त अविध की बाबत देनी अपेक्षित होती थ~;

(5) िनगम द्वारा उक्त कर्मचारी राज्य बीमा अिधिनयम की धारा 45 की उप-धारा (1) के अधीन नियुक्त किया गया कोई निरीक्षक या िनगम का इस निमित्त प्राधिकृ त कोई अन्य पदधारी;

(i) धारा 44 की उप-धारा (1) के अधीन, उक्त अविध की बाबत दी गई किसी िववरण की विशिष्टयों को सत्यापित करने के प्रयोजनार्थ; अथवा

(ii) यह अभिनि(िcid:127)त करने के प्रयोजनार्थ कि कर्मचारी राज्य बीमा (साधारण) िविनयम, 1950 द्वारा यथाअपेक्षित रजिस्टर और अिभलेख उक्त अविध के िलए रखे गये थे या नह~; या

(iii) यह अभिनि(िcid:127)त करने के प्रयोजनार्थ कि कर्मचारी, िनयोजक द्वारा दिये गए उन फायदों को, िजसके फलस्वरूप इस अिधसूचना के अधीन छू ट दी जा रही है, नकद में और वस्तु रूप में पाने का हकदार बना wआ है या नह~; या

(iv) यह अभिनि(िcid:127)त करने के प्रयोजनार्थ कि उस अविध के दौरान, जब उक्त कारखाने के संबंध में अिधिनयम के उपबंध प्रवृत्त थे, ऐसे किन्ह~ उपबंधों का अनुपालन किया गया था या नह~, निम्नलिखित कार्य करने के िलए सशक्त होगा:-

5338 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

(क) प्रधान या आसन्न िनयोजक से अपेक्षा करना कि वह उसे ऐसी जानकारी दे िजसे उपरोक्त निरीक्षक या अन्य पदधारी आवश्यक समझता है ; अथवा

(ख) ऐसे प्रधान या आसन्न िनयोजक के अिधभोगाधीन, किसी कारखाने, स्थापना, कार्यालय या अन्य परिसर में किसी भी उिचत समय पर प्रवेश करना और उसके प्रभारी से यह अपेक्षा करना कि वह (cid:129)क्तियों के िनयोजन और मजदूरी के संदाय से संबंिधत ऐसे लेखा, बिहयां और अन्य दस्तावेज, ऐसे निरीक्षक या अन्य पदधारी के समक्ष प्रस्तुत करें और उनकी परीक्षा करने दें या ऐसी जानकारी दें िजसे वे आवश्यक समझते हैं; या

(ग) प्रधान या आसन्न िनयोजक की, उसके अभिकर्ता या सेवक की, या ऐसे किसी (cid:129)क्ति को, जो ऐसे कारखाने, स्थापना, कार्यालय या अन्य परिसर में पाया जाए, यह वि[ास 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 उ>रण लेना;

(ङ) यथानिर्धारित अन्य शक्तियों का प्रयोग करना ।

(6) िविनवेश/िनगमीकरण के मामले में, प्रदत्त छू ट स्वत: रद्द हो जाएगी और तब नए प्रतिष्ठान को छू ट हेतु समुिचत सरकार की अनुमित लेनी होगी।

[सं. एस-38014/08/2014-एस.एस.-I]

अजय मिलक, अवर सिचव

New Delhi, the 18th August, 2017

S.O. 1985.—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 Indian Rare Earth Ltd., Rare Earths Division Udyogmandal, Kerala 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;

(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[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5339 (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-38014/08/2014-SS-I]

AJAY MALIK, Under Secy.

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1986.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 20/2012द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/127/2011-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1986.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 20 of 2012) as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/127/2011-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 20/2012

Employer in relation to the management of Kusunda Area of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers     :    Shri D. K. Verma, Advocate
For the workman       :    None
5340 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

State : Jharkhand

Industry : Coal

Dated : 27/07/2017

AWARD

By order No. L-20012/127/2011-IR(CM-I) dated 29/02/2012, the Central Government in the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Godhur Colliery of M/s. BCCL in not allowing Sh. Kishore

Manjhi, Line Mazdoor to resume his duty is fiar and justified? To what to relief the concerned

workman is entitled to?"

2. After receipt of the reference, both parties are noticed. But none appears on behalf of the sponsoring Union/workman. Management is present. Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1987.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 25/2016द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/18/2016-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1987.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 25 of 2016) as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/18/2016-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 25/2016

Employer in relation to the management of Sudamdih Shafti Mines of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers     :    Shri D. K. Verma, Advocate
For the workman       :    None

State : Jharkhand

Industry : Coal

Dated : 25/07/2017

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5341

AWARD

By order No. L-20012/18/2016-IR(CM-I) dated 26/06/2016, the central Government in the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the Management of Sudamdih Shaft Mines of M/s. BCCL in non- payment of

Monetary Compensation Smt. Shakuntala Devi, W/O Late Sachhida Nand Sah on the basis of the

Award pronounced by CGIT No.1 Dhanbad in Ref. No. 82/1998 dated 19/10/2009 is fair and justified? If

not, what relief the dependant is entitled to?"

2. After receipt of the reference, both parties are noticed. But after filing of written statement, none appears subsequently. Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1988.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 31/2015द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/63/2014-आईआर ;सी-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1988.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 31 of 2015) as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/63/2014-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 31/2015

Employer in relation to the management of Govindpur Area of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers      :    Shri U.N. Lall, Advocate
For the workman        :    Shri H.P. Gond, Rep.

State : Jharkhand

Industry : Coal

Dated : 28/07/2017

5342 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

AWARD

By order No.-L-20012/63/2015 IR (C-I), dated. 13/07/2015 the Central Govt. in the Ministry of Labour has, in exercise of powers conferred by clause (d) of Sub–Section (1) and Sub-Section (2A) of Section 10 of the Industrial Disputes Act.1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of New Akashkinaree Colliery under Govindpur Area of M/s.

BCCL in dismissing Sri Sohan Bhuia from the service of the Company w.e.f. 29.04.2005 is fair and

justified? To what relief the concerned workman is entitled to?"

2. The case is received from the Ministry of Labour on 03.08.2015. After receipt of reference , both parties are noticed. The Sponsoring Union files their written statement on 11.01.2016. the management files their written statement-cum-rejoinder on 27.05.2016. Thereafter rejoinder & documents filed by both side.

3. The point involved in the reference is that the workman has been dismissed from his services on the ground of long absence.

4. During preliminary hearing of this case, domestic enquiry held by the management is accept by the workman as Fair & Proper, and it is revealed that the case is dismissal of workmen for long absence. But he has already out of service for 12 years. It is felt to give another chance to the workman to serve .

5. Considering the facts and circumstances of this case, I hold that he be taken into job as a fresh employee as General mazdoor Cat-1. But the workman be kept under probation for a period of two years. Therefore the question of giving back wages does not arise at all.

This is my award.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1989.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 20/2010द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/97/2009-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1989.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 20 of 2010) as shown in Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/97/2009-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 20/2010

Employer in relation to the management of Sijua Area of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers : None[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5343 For the workman : None

State : Jharkhand

Industry : Coal

Dated : 28/07/2017

AWARD

By order No. L-20012/97/2009-IR(CM-I) dated 11/02/2010, the Central Government in the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub–section (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

(i) Whether the action of the Bahujan mazdoor Union from the Management of Loyabad Coke Plant

under Sijua Area of M/s. BCCL for proper basic pay fixation as per P/R with pay protection in respect

of Sri Jadu Nandan Dusadh, Security Guard is justified and Legal? To what relief is the workman

concerned entitled and form what date?

2. After receipt of the reference, both parties are noticed. But none appears on behalf of the sponsoring Union/workman. Management is present. Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1990.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 19/2016द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/160/2015-आईआर ;सी-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1990.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 19 of 2016) as shown in Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/160/2015-IR (C-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 19/2016

Employer in relation to the management of P.B. Area of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer

Appearances :

For the Employers     :    Shri N.M. Kumar, Advocate
For the workman       :    Shri R.R.Ram, Rep.

State : Jharkhand

Industry : Coal5344 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

Dated : 27/07/2017

AWARD

By order No.-L-20012/160/2015 IR (C-I), dated. 15/12/2016 the Central Govt. in the Ministry of Labour has, in exercise of powers conferred by clause (d) of Sub–Section (1) and Sub-Section (2A) of Section 10 of the Industrial Disputes Act.1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

"Whether the action of the management of Hurriladih colliery of M/s. BCCL in dismissing Sri Laxman

Bouri, M/Loader vide letter dated 03.06.2004 is fair and justified? To what relief the concerned

workman is entitled to?"

2. The case is received from the Ministry of Labour on 22.02.2016 After receipt of reference , both parties are noticed. The Sponsoring Union files their written statement on 04.04.2016. the management files their written statement -cum-rejoinder on 17.01.2017. Thereafter rejoinder & documents filed by both side.

3. The point involved in the reference is that the workman has been dismissed from his services on the ground of long absence.

4. During preliminary hearing it is revealed that the case is dismissal of workmen for long absence. But he has already out of service for 13 years. It is felt to give another chance to the workman to serve.

5. Considering the facts and circumstances of this case, I hold that he be taken into job as a fresh employee as General mazdoor Cat-1 but subject to identification. And the workman be kept under probation for a period of two years. Therefore the question of giving back wages does not arise at all.

This is my award.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1991.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण/श्रम न्यायालय नं. 1, ध्नबाद के पंचाट ;संदर्भ संख्या 19/2009द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 11.08.2017 को प्राप्त हुआ था।

[सं. एल-20012/14/2009-आईआर ;सीएम-Iद्ध]

एम. के. सिंह, अनुभाग अध्किारी

New Delhi, the 21st August, 2017

S.O. 1991.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad (Ref. No. 19 of 2009) as shown in Annexure, in the industrial dispute between the employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central Government on 11.08.2017.

[No. L-20012/14/2009-IR (CM-I)]

M. K. SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10(1) (d) (2A) of I.D. Act, 1947

Reference No. 19/2009

Employer in relation to the management of Kusunda Area of M/s. BCCL

AND

Their workman

Present : Shri R.K. Saran, Presiding Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5345

Appearances :

For the Employers      :    Shri U. N. Lall, Advocate
For the workman        :    None

State : Jharkhand

Industry : Coal

Dated : 27/07/2017

AWARD

By order No. L-20012/14/2009-IR(CM-I) dated 02/04/2009, the central Government in the Ministry of Labour has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:

SCHEDULE

(i) Whether the action of the Management of Gondudih Colliery under Kusunda Area of M/s BCCL in

not correcting the date of birth of Shri Sohan Singh, General Mazdoor as 21/09/1958 instead of

30/05/1951 is justified and legal? (ii) To what relief the workman concerned entitled?

2. After receipt of the reference, both parties are noticed. But none appears on behalf of the sponsoring Union/workman. Management is present. Case remains pending. It is felt that the disputes between the parties have been resolved in the meantime. Hence No Dispute Award is passed. Communicate.

R. K. SARAN, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1992.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स इण्डियन ऑयल कार्पोरेशन लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में

केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, कानपुर के पंचाट ;संदर्भ संख्या 122/2014द्ध को प्रकाशित करती है, जो केन्द्रीय

सरकार को 18.08.2017 को प्राप्त हुआ था।

[सं. एल-30012/26/2014-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 21st August, 2017

S.O. 1992.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 122/2014) of the Central Government Industrial Tribunal/Labour Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Indian Oil Corporation Ltd. and their workman, which was received by the Central Government on 18.08.2017.

[No. L-30012/26/2014-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT

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

Industrial Dispute No. 122 of 2014

Between-

Shri Hari Mohan son of Shri Nirpat Singh Pal Village Dharampura Post Dhana Jeevna, Distt. Mathura (U.P.) Mathura

And

The Executive Director, India Oil Corp. Ltd., Mathura Refinery, Mathura-2810055346 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] AWARD

1. Central Government, MoL, vide Notification No. L-30012/26/2014-IR (M) dated 29.10.2014 has referred the following dispute for adjudication to this tribunal.

2. Whether the action of the management of Indian Oil Corporation Ltd., Mathura Refinery, Mathura, M/s. Elpine travels, Mathura in terminating the services of Sh. Hari Mohan s/o Sh. Nirpat Singh workman w.e.f. April 2010 is just fair & legal? If not what relief the workman concerned is entitled to?

3. In the instant case a reference was referred to Central Government Industrial Tribunal-cum-Labor Court, Kanpur, whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filing his claim in the case.

4. On 24.05.2017, when the case was taken up neither the worker turned up nor filed his claim statement despite availing of sufficient opportunities. Therefore, it appears that the worker is not interested in prosecuting his claim before this tribunal. As such having no option left with the tribunal except to give an award in the case against worker for want of pleadings and proof.

5. For the reasons given above, award is passed against worker holding that the worker is not entitled to any relief pursuant to the present reference order for want for pleadings and proof.

6. Reference is answered accordingly against the worker.

SHUBHENDRA KUMAR, Presiding Officer

नई दिल्ली, 21 अगस्त, 2017

का.आ. 1993.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स आईएनजी भविष्य लाइपफ इंश्योरेंस कं. लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक

विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, कानपुर के पंचाट ;संदर्भ संख्या 57/2012द्ध को प्रकाशित करती है, जो

केन्द्रीय सरकार को 18.08.2017 को प्राप्त हुआ था।

[सं. एल-17012/7/2012-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 21st August, 2017

S.O. 1993.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 57/2012) of the Central Government Industrial Tribunal/Labour Court, Kanpur now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. ING Vysya Life Insurance Co. Ltd. and their workman, which was received by the Central Government on 18.08.2017.

[No. L-17012/7/2012-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

BEFORE SRI SHUBHENDRA KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOR COURT, KANPUR

Industrial Dispute No. 57 of 2012

Between-

Shri Aslam Hasan Khan, Son of Sri Ajij Hasan Khan, Resident of Pachbhaiya, P.O. Bhadohi, District Sant Ravi Das Nagar, (Bhadohi)U.P.

And

The Director, Human Resources, ING Vysya Life Insurance Co. Ltd., House No. 05, Floor No. 22, M.G.Road, Bangalore, and three others.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5347

AWARD

1. Central Government, Mol, New Delhi, vide notification No. L-17012/7/2012/IR-(M) dated 28.06.2012 has referred the following dispute for adjudication to this tribunal.

2. Whether the action of the management of ING VYSYA BANK in terminating the services of Sri Aslam Hasan Khan w.e.f. 12.12.2009 is legal and justified? What relief the workman is entitled to?

3. In the instant case by a bare perusal of schedule of reference order it reveals that the dispute is with regard to workman Aslam Haan Khan and the ING VYSYA BANK over his alleged termination of service with effect from 22/12/2009, but while going through the array of parties it is quite clear that ING VYSYA LIFE INSURANCE CO. Ltd., has been arrayed as a party to the dispute. It is an apparent defect on the fact of reference order which cannot be cured by this tribunal.

4. Although the contesting parties have filed their pleadings, documentary as well as oral evidence but considering the defect in the reference order it will be a futile exercise to detail the facts of the case as the reference cannot be decided for the reasons that the defectis persisting in the reference order as pointed out above by me, therefore, the reference is left unanswered for the reasons given above.

5. For the reasons explained above reference is answered in the above terms.

SHUBHENDRA KUMAR, Presiding Officer

नई दिल्ली, 23 अगस्त, 2017

का.आ. 1994.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार इंडियन ओवरसीज बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अध्किरण/श्रम न्यायालय, चैन्नई के पंचाट ;संदर्भ सं. 125/2015द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 23.08.2017 को प्राप्त हुआ था।

[सं. एल-39025/01/2010-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 23rd August, 2017

S.O. 1994.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 125/2015) of the Central Government Industrial Tribunal-cum- Labour Court, Chennai as shown in the Annexure in the Industrial Dispute between the management of Indian Overseas Bank and their workmen, received by the Central Government on 23.08.2017.

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

RAVI KUMAR, Desk Officer

ANNEXURE

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

CHENNAI

Tuesday, the 18th July, 2017

Present : K.P. PRASANNA KUMARI, Presiding Officer

Industrial Dispute No. 125/2015

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

Sri J. Ravikumar

: 1st Party/Petitioner

AND

: 2nd Party/Respondent

The General Manager Personnel Administration Department Indian Overseas Bank, Regional Office 762, Anna Salai Chennai-6000025348 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

Appearance :

For the 1st Party/Petitioner      :     Sri C.R. Chandrasekaran, Advocate
For the 2nd Party/Respondent      :     M/s. N.G.R. Prasad, Advocates

AWARD

This is an Industrial Dispute taken on file under 2(A)(2) of the Industrial Disputes Act, 1947 (as amended by Act-24 of 2010 w.e.f. 15.09.2010).

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

The petitioner had worked as Temporary Messenger at Kumbakonam Court Branch of the Respondent from 20.02.1999 to 06.07.2002. He had worked at Tirubhuvanam Branch from 02.03.2007 to 31.12.2010 without any break, in permanent vacancy. Similarly he had worked at Pookollai Branch from 04.01.2011 till he was made permanent on 23.12.2011. The petitioner was the only workman in the Sub-Staff cadre at these branches during this period. Considering the service of the petitioner as Temporary Messenger he was called for interview and the petitioner was taken as a Permanent staff w.e.f. 23.12.2011. He continued to serve at Pookollai Branch thereafter. The Respondent suddenly terminated the service of the petitioner on 20.05.2014. It was stated that the claim of the petitioner that he worked at Tirubhuvanam Branch from 02.03.2007 to 31.12.2010 is false. The petitioner was not given any opportunity to explain this unfounded allegation. The petitioner had been working as Temporary Messenger in all the three branches from 0900 AM till 0830 PM. He did all the duties as a Messenger and also had done clerical duties as instructed by the Manager. The petitioner had prepared several vouchers. The petitioner had signed vouchers for drawing conveyance expenses whenever he had to attend outdoor work. He had signed vouchers for drawing wages in different names in the year 2010 as instructed by the Branch Manager. There is no justification for the termination of the petitioner. An Award may be passed holding that termination of the petitioner from service is not legal and justified and also reinstating the petitioner in service with all attendant benefits.

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

A settlement under Section-12(3) of the ID Act was entered into between the Respondent and the recognized Trade Union on 17.02.2011 for absorption of Temporary Messengers/Sweepers, as a one-time measure, subject to satisfaction of certain educational qualification and prior service conditions. Besides other conditions a Temporary Messenger / Sweeper must have worked 240 or more days in a calendar year as on 15.11.2010 and should have continued to be working. On the basis of the settlement the Respondent issued circular regarding absorption of Temporary Messengers and Sweepers in permanent vacancies as a one-time measure. The petitioner had submitted application in Annexure-A as if he is eligible for absorption stating that he had worked for more than 240 days in a calendar year preceding 15.11.2010 at Tirubhuvanam Branch and had continued to work thereafter also. An interview was conducted based on the undertaking and declaration given by the petitioner and the petitioner was absorbed as Messenger by appointment letter dated 23.12.2011. The petitioner had joined as Messenger in pursuance of the appointment letter. However, on verification of the branch records it was found that the petitioner had not worked continuously for 240 days prior to the cut-off date. He had worked as casual labour on 27.03.2010, 12.06.2010 and 16.06.2010 only. The petitioner had gained employment by undue influence, he being the relative of the Office Bearer of the recognized union. The statement made by the petitioner in the application in Annexure-A given by him was not correct. Anyone who has not satisfied the requirements of the terms of the settlement is not eligible for absorption in permanent vacancy. The petitioner has given an undertaking that if the declaration made by him regarding the period of engagement is found false he is liable to be terminated from the service of the Bank. The details given by the petitioner in his application having been found false he was terminated from service by order dated 20.05.2014. The petitioner had obtained false certificate of service in connivance with the Branch Manager of the Tirubhuvanam Branch. Principles of natural justice cannot be afforded to a person who has committed fraud and misrepresentation in respect of his working period. The Central Bureau of Investigation had conducted an investigation and had found that huge bribe money was received by the Office Bearers of the Trade Union for induction of ineligible candidates as Messenger and Sweepers. The petitioner did not work for 240 days prior to the cut-off date. The petitioner is not entitled to any relief.

3. The petitioner has filed rejoinder in answer to the Counter Statement. He had denied the allegations in the Counter Statement and has reiterated the case in the Claim Statement.

4. The evidence in the case consists of oral evidence of WW1 and MW1 and documents marked as Ext.W1 to Ext.W12 and Ext.M1 to Ext.M14.

5. The points for consideration are:

(i) Whether termination of the petitioner from the service of the Respondent is justified?

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5349

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

The Points

6. The petitioner has raised the dispute challenging the order of the Respondent on 20.05.2014 terminating him from his post as Permanent Messenger.

7. It is the case of the petitioner that he had worked as Temporary Messenger in the Respondent Bank for 288 days in Kumbakonam Court Branch and 1126 days in Tirubhuvanam Branch and had subsequently worked at Pookollai Branch also until he was made permanent in the service. He was made permanent by the Respondent after an interview and it is accordingly he started to work as Permanent Messenger at Pookollai Branch from 23.12.2011.

8. According to the Respondent it had entered into a settlement with the recognized union for absorption of Temporary Messengers and Sweepers as a temporary measure. A circular was issued and applications were called for on the basis of this settlement. The petitioner had applied for the post of Messenger asserting that he had worked for more than 240 days prior to 15.11.2010, the cut-off date mentioned in the settlement. It is the further case of the Respondent that the petitioner was taken as a Permanent Messenger after interview on the basis of the assertion made by him regarding his temporary service. However, subsequently on verification of records at Tirubhuvanam Branch it was found that he had not worked for 240 days prior to the cut-off date as claimed by him. Consequently, he had been terminated from service.

9. The termination of the petitioner from service is on the basis of Ext.M8, the Investigation Report submitted by MW1 who was the Senior Manager attached to the Enquiry Cell and had conducted investigation. Ext.M8 states that the petitioner was not continuously working during the year 2010 but had gained entry in service since he was related to an employee who was a Trade Union leader. MW1 has stated during his evidence that it was revealed as per the investigation that the petitioner had not worked at Tirubhuvanam Branch for the required days as claimed by him.

10. The petitioner had given evidence stating that he had been working for the Respodnent Bank as Temporary Messenger for a long time. He had asserted that he had started to work from February 1999 at Kumbakonam Court Branch and had been there till the middle of 2002 and had again started to work at Tirubhuvanam Branch in March 2007 and was there till the end of 2010. According to him he was the only workman in the Sub-Staff cadre at the Branch at the time. He has stated that he was doing the work of a Clerk also while he was working as Messenger and had prepared several vouchers. According to the petitioner during 2010 wages used to be paid to him in different names.

11. It could be seen from the contention of the Respondent that the single reason for termination of the petitioner from service was that he had not completed 240 days of work prior to 15.11.2010 the cut-off date given in Ext.M2, the settlement regarding absorption of temporary workman. At the instance of the petitioner the Respondent has produced the general ledgers of Tirubhuvanam and Pookallai Branch which will reveal the transactions of these branches for the period. Ext.M10 is the ledger of the Tirubhuvanam Branch for the period from 02.03.2007 to 31.12.2010. According to the Respondent the petitioner had worked in Tirubhuvanam Branch in the year 2010 only on three days i.e. on 27.03.2010, 12.06.2010 and 16.06.2010. On going through the entire entries of the ledger for the period from 15.11.2009 to 15.11.2010, the calendar year prior to the cut-off date it is seen that there are two entries in the name of Ravi (petitioner is Ravikumar). In the year 2010, apart from the dates admitted by the Respondent there is one more entry on 19.06.2010 in the name of Ravi. During this period payments are seen made under different names. Several such names were extracted during cross-examination of MW1. It was suggested to MW1 that all these are entries on payments made to the petitioner under different names during this period. However, MW1 was not in a position either to deny or to assert this suggestion. He had prepared the Investigation Report on the basis that only a few entries appeared in the name of the petitioner in the ledger during the relevant period.

12. It is to be seen whether there is any basis for the claim of the petitioner that he was working as Temporary messenger at Tirubhuvanam Branch even form the year 2007 and had continued till 2010 and was working even at the time when the application was called for. Ext.M1 is the application alongwith undertaking given by the petitioner in Annexure-A seeking appointment as Permanent Messenger on the basis of the settlement. Though the petitioner would not refer to the settlement at all in his Claim Statement he has admitted that Ext.M1 is the undertaking that is given by him. In this he has specifically stated that he had worked for 288 days as Full-Time Sweeper at Kumbakonam and 1126 days as Messenger at Tirubhuvanam Branch and then at Pookollai Branch. There are three certificates attached to this annexure, given by the Branch Managers of Kumbakonam Court, Tirubhuvanam and Pookollai respectively. The Branch Managers had asserted the claim of the petitioner that he had worked for such and such days, as per these certificates. The curious thing to be noted is that in the counter Statement that the Respondent has not denied the case of the petitioner that he had worked at Kumbakonam Court, Tirubhuvanam and Pookallai Branches. The only reason given by the Respondent for termination is that he was not there at Tirubhuvanam Branch during 2010 in which case there was no question of his completing 240 days of work in the calendar year preceding the cut-off date. Even from5350 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] the absence of the denial of the Respondent in this respect it is to be assumed that the petitioner had worked at Kumbakonam Branch and had been at Tirubhuvanam Branch also even before 2010. This has been admitted by MW1 also when he was cross-examined with reference to Ext.M10. The transactions of the year 2007 and 2008 frequently refer to the petitioner as one who had received payment. The entries in Ext.M10 for the earlier period coupled with the admission of MW1 and absence of the denial of the Respondent would show that the petitioner had worked at Tirubhuvanam Branch and prior to that at Kumbakonam Court Branch. Even his service at Pookallai Branch after the cut-off date is not denied by the Respondent.

13. No doubt Ext.M10 the ledger for the relevant period would not reveal the work of 240 days by the petitioner in the calendar year prior to cut-off date. So on the basis of Ext.M10 alone it would not be possible to conclude that he had been there in the establishment during that period. However, the petitioner relied upon Ext.W12 containing the dates and numbers of the vouchers which according to him were prepared by him while he was at Tirubhuvanam Branch. He had stated that as instructed by the Branch Manager he had been preparing these vouchers. At the instance of the petitioner the Respondent has produced Ext.M14 (series) the copies of vouchers maintained at the Branch for the period from 02.01.2010 to 31.12.2010. The numbers given by the petitioner in Ext.W12 find a place among Ext.M14 (series). It is the definite case of the petitioner that the vouchers found in Ext.M14 with the numbers and dates given in Ext.W12 are in his handwriting. He has stated that these were prepared by him as instructed by the Branch Manager. MW1 was not able to assert or deny the case of the petitioner that these vouchers are in the hand of the petitioner. Thus, there is no denial of the evidence of the petitioner that these vouchers are in his hand. All these vouchers referred to by him appear in the same bold hand. In the absence of any evidence on the side of the Respondent there is no reason to reject the case of the petitioner that these vouchers were prepared by him.

14. The petitioner has been able to refer to Ext.M14 vouchers as if he is very much conversant with them. This could be done only by a person who has been dealing with it. The fact that there is no denial on the part of the Respondent regarding the work done by the petitioner in the Branch prior to the relevant period also probabalises the case of the petitioner. As could be seen, the petitioner was working in the Bank though temporarily even from 1999. Alongwith this is the fact that all the three Branch Managers had certified the service of the petitioner, not one alone. The Respondent has stated in the Counter Statement that proceedings had been taken against the Tirubhuvanam Branch for issuing a false certificate. However, it has come out during the cross-examination of MW1 that the Branch Manager had normal retirement from his service. There is nothing to show that any proceedings had been taken against him. One could understand that one Branch Manager supporting the petitioner at the instance of a Trade Union leader. However, all the Managers of three different branches had certified the work of the petitioner at the three different branches. When these aspects are taken into account the case of the petitioner that he had worked for more than 240 days during the relevant period prior to the cut-off date also at Tirubhuvanam Branch is to be accepted. In that case the termination of the petitioner is certainly illegal and unjustified. His termination was the result of an improper investigation and consequent report. The injustice is to be corrected by reinstating the petitioner in service.

On the basis of the above discussion an Award is passed as below:

The Respondent shall reinstate the petitioner in service within a month of the publication of the Award, with 75% backwages and all other attendant benefits. The arrears of pay shall be paid to the petitioner within a month of the publication of the Award. In default, interest at the rate of 7.5% per annum is payable 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 18th July, 2017)

K. P. PRASANNA KUMARI, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner      :    WW1, Sri J. Ravikumar
For the 2nd Party/Respondent      :    MW1, Sri K. Viswanathan

Documents Marked:

On the Petitioner's side

Ext. No. Date Description

Ext.W1 Various dates Copies of Vouchers for weekly payment of wages to the First Party by the

Second Party in the years 2007 to 2010

Ext.W2 -do- Numbers relating to vouchers prepared by the First Party in 2010[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5351

Ext.W3           April 1994          SSLC mark-list of First Party
Ext.W4           16.06.1994          Transfer  Certificate  issued  by  the  Government  confirming  his  Backward  Class
                                     (Padayachi) status
Ext.W5           25.04.2011          Thirubhuvanam  branch  certifying  First  Party  for  having  worked  there

02.03.2017 to 31.123.2011

Ext.W6          28.04.2011          Pookollai branch certifying First Party for working there from 04.0.2011
Ext.W7          28.11.2011          Advice for interview on 01.12.2011
Ext.W8          28.12.2011          Appointment Order
Ext.W9          20.05.2015          Termination Order
Ext.W10         16.03.2015          Dispute raised before the ALC-cum-Conciliation Officer, Chennai
Ext.W11         22.08.2015          First Party to ALC, Pondicherry
Ext.W12         Various dates       List of vouchers prepared by the petitioner in 2010

On the Management's side

Ext.No. Date Description

Ext.M1           28.04.2011          Undertaking letter given by the petitioner
Ext.M2           17.02.2011          Section 12(3) Settlement
Ext.M3           23.03.2011          Circular issued by the Respondent to all Branches
Ext.M4           23.12.2011          Appointment order issued to the petitioner
Ext.M5           09.04.2014          Central Bureau of Investigation Anti-Corruption Branch letter to the Respondent
                                     forwarding FIR
Ext.M6           11.04.2014          Central Bureau of Investigation Anti-Corruption Branch letter to the Respondent
Ext.M7           05.05.2014          Senior Manager, Thirubhuvanam letter to Investigation Officer, Central Office
Ext.M8           09.05.2014          Investigation Officer Report
Ext.M9           20.05.2014          Termination Order issued to petitioner
Ext.M10          02.03.2007 to       General Ledger Transactions in Thirubhuvanam Branch
                 31.12.2010
Ext.M11          04.01.2011 to       General Ledger Transactions in Pookollai Branch
                 28.04.2011
Ext.M12          28.09.2013          Petitioner letter to Investigation Officer
Ext.M13          09.05.2014          Investigation Officer Report enclosing Senior Manager, Thirubhuvanam Branch
                                     letter
Ext.M14          02.01.2010 to       Vouchers of Thirubhuvanam Branch of Respondent.
(series)         31.12.2010

नई दिल्ली, 23 अगस्त, 2017

का.आ. 1995.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार सडीकेट बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अध्किरण/श्रम न्यायालय नं. 1, नई दिल्ली के पंचाट ;संदर्भ सं. 99/2012द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 23.08.2017 को प्राप्त हुआ था।

[सं. एल-12012/35/2012-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी5352 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 23rd August, 2017

S.O. 1995.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 99/2012) of the Central Government Industrial Tribunal-cum- Labour Court No. 1, New Delhi as shown in the Annexure, in the Industrial Dispute between the management of Syndicate Bank and their workmen, received by the Central Government on 23.08.2017.

[No. L-12012/35/2012-IR (B-II)]

RAVI KUMAR, Desk Officer

ANNEXURE

IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO.1, KARKARDOOMA COURT COMPLEX, DELHI

ID No. 99/2012

Shri Pawan Kumar S/o Shri Ram Singh, R/o 425 H, Pocket 2, Mayur Vihar, Phase I, Delhi – 100 091

…Workman

Versus

The General Manager, Syndicate Bank, Sarojini House, 6 Bhagwan Dass Road, New Delhi – 110 001

…Management

AWARD

A reference was received in the present case from the Ministry of Labour vide letter No.L-12012/35/2012-IR(B-II) dated 09/21.08.2012 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 Syndicate Bank in terminating the services of Shri Pawan Kumar, Ex-Temporary Driver with effect from 31.12.2007 is legal and justified? What relief the concerned workman is entitled to?

2. It is clear from the pleadings that the claimant, Shri Pawan Kumar was employed with Syndicate Bank, the management on the post of driver since 01.01.2004 to 31.12.2007 and he was posted at Asaf Ali Road branch and was attached to the Chief Manager. Father of the claimant was also an ex-employee of the bank. Claimant always performed his duties with due diligence and never gave any chance of complaint to the management or its officers.

3. It is the case of the claimant that he was refused to perform his job on 31.12.2007 and was told by the management that a panel of drivers would be formed in the near future and only thereafter he would be called for duties. Upon this assurance claimant kept waiting for his empanelment and also visited the office of the management several times. He was casually given driving job and the claimant was insisting for a regular but of no use. Claimant on 20.04.2011 visited the branch and came to know that a panel has been formed in the bank 8-9 months back wherein 18- 19 old drivers were empanelled, except the claimant. Claimant was highly surprised and tried to contact the management regard this but nobody gave any proper reply. Claimant has performed continuous duties in the bank without any break with effect from 01.04.2004 to 31.12.2007.

4. Claimant also served demand notice on 03.05.2011 which was duly received by the management. However, no positive action was taken on the same. Thereafter, matter was referred to the Conciliation Officer and the management has clearly admitted that panel of personal drivers was formed in the years 2008, 2009. Management, in fact, has adopted unfair labour practice of pick and choose, causing grave injury to the claimant. Claimant is still unemployed and is searching for a job after his illegal termination. Claimant has finally prayed for reinstatement in the job.

5. Claim was resisted by the management, who filed written statement taking preliminary objections that there was no relationship of employer and employee between the parties. Claimant was never in the employment of the management bank, as such cannot partake the character of workman under section 2(s) of the Act. In fact, he was engaged as personal driver of Shri H.R. Kamath, Chief Manager of Asaf Ali Road branch and was never appointed by the management. Having regard to the exigencies, bank permitted executives in Scale IV and above to engage personal drivers and claimed reimbursement of the connected expenses. Management has denied the other averments in the[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5353 statement of claim and it is alleged that the claimant has concealed material facts in respect of his engagement as personal driver. The management is a nationalized bank and a public sector undertaking and is governed by various statutes laws and guidelines issued by the Government of India. It is also denied that on 20.04.2011, claimant visited the bank and came to know about the panel formed by the bank wherein name of 18-19 drivers similar to the claimant were empanelled except the claimant. Finally, a prayed has been made for dismissal of the claim.

6. Against this factual background, my learned predecessor, on basis of pleadings of the parties, vide order dated 25.10.2012 framed the following issues:

(i) Whether there was relationship of employer and employee between the claimant and the bank?

(ii) As in terms of reference

(iii) Relief

7. Claimant, in order to prove his case against the management examined himself as WW1 and tendered in evidence his affidavit Exc.WW1/A. He has also tendered in evidence documents Ex.WW1/1 to Ex.WW1/11. Management, in order to rebut the case of the claimant, examined Shri S. Murali Iyer as MW1 whose affidavit is Ex.MW1/A. He has also relied on documents Ex.WW1/M26, Ex.WW1/M23 to Ex.WW1/M25.

8. I have heard Shri Anil Tripathi, A/R for the claimant and Shri Rajesh Mahindru, A/R for the management.

Issue No.(i) and (ii)

9. Both these issues are inter related and can be conveniently disposed of and hence are being taken up together.

10. It is clear from the matrix of the case that the claimant is resting on the premise that he was in the employment of the management with effect from 01.01.2004 to 31.12.2007 and was performing his duties diligently. As per averments in the statement of claim there was no beak in service of the claimant and was illegally stopped from resuming his duties after 31.12.2007. Stand of the management from inception is very clear and the management has taken specific plea that there was no relationship of employer and employee between claimant and the management inasmuch as the claimant was never employed by the management at any point of time. In fact, he was the personal driver of Shri H.R. Kamath, the then Chief Manager of Asaf Ali Road branch of the management. Engagement of personal driver by the Chief Manager is in accordance with the policy and guidelines issued by the bank by the Union Government and officers of the category of Scale IV and above were permitted to engage personal drivers. Bank has never appointed the claimant as personal driver with the bank nor the bank has any administrative control over the claimant. Work of personal driver is in no way connected with routine functioning of the bank. Such drivers are being engaged by the executives in their personal capacity and bank has no role to play in the engagement or termination of such personal drivers.

11. Evidence adduced by the claimant is on the same lines as the stand taken in the statement of claim. Claimant has admitted in his cross examination that he was never issued any appointment letter by the management. However, he had given his bio-data to Shri H.R. Kamath on 01.01.2004 and copy of the same is not available with the claimant. He has further admitted that no vacancy was advertised by the bank in any newspaper and one Shri Ashok, Peon already working in the branch informed him about vacancy of a driver in the bank. Though he has denied the suggestion that he was the personal driver of Shri HR Kamath, he is also driven cars of Shri Reddy, General Manager and Shri Bal Krishna Deputy General Manager. He has driven vehicle of Shri Sharma Assistant General Manager posted at ITO branch of the bank in 2008 and 2011. At this juncture, it is necessary to point out that the case of the claimant throughout has been that he was finally refused duty from 31.12.2007. Thus, as per his own case, he is not in the employment of the bank after 31.12.2007.

12. Now, the vital question before this Tribunal is whether the claimant was engaged as personal driver of Shri H.R. Kamath, Chief Manager of Asaf Ali Road branch of the management from 01.01.2004 to 31.12.2007. At this juncture, it is appropriate to refer to the various documents relied by the parties. It is clear from perusal of letter Ex.WW1/1 that the claimant had approached the Assistant General Manager of the bank wherein he has sought record pertaining to his engagement during the period 2004 to 2007. Letter Ex.WW1/2 is the reply to letter Ex.WW1/1 which shows that the claimant was engaged by the then Chief Manager of Asaf Ali Road branch from 01.01.2004 to 31.12.2007. Ex.WW1./3 and Ex.WW1/4 are the driving licence of the claimant. Perusal of Ex.WW1/5 shows that the claimant's date of birth is 17.10.1979 and he has hardly studied up to 9th standard. Ex.WW1/6 is the case certification which is not in dispute. Claimant has taken up the matter with the management by service Demand Notice Ex.WW1/7, wherein the claimant has reiterated the stand taken in the statement of claim. Ex.WW1/9 shows that various amounts were sanctioned as salary of the claimant as driver. Bare perusal of all these documents would show that various amounts were withdrawn by the manager of the bank so as to make payment of sundry allowances, including driver's salary. There is also mention of uniform charges Ex.WW1/M4 and in Ex.WW1/M3 there is mention of reimbursement of medical expenses to driver. In debit slip Ex.WW1/5, there is mention of conveyance charges to Pawan Kumar – Rs.50.00. In5354 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] Ex.WW1/M6 there is mention of salary of Rs.4,400.00. In another debit slip there is mention of general charges – salary of driver, for going to Janpath for servicing of bank car etc. Ex.WW1/20 is the receipt issued by Shri H.R. Kamath being reimbursement of medical expenses which was incurred by the claimant Shri Pawan Kumar and his signatures are also there on the said receipt. To the similar effect is receipt Ex.WW1/20 which shows that a sum of Rs.1000.00 was received from Shri Kamath, being reimbursement for getting two sets of uniform stitched. Thus, it is clear from various debit slips mentioned above that managers of the bank were making various payments, including salary, services charges, medical expenses etc. to the claimant. Thus, I am not in agreement with the contention of the management that salary was being paid by Shri Kamath in his individual capacity and the management has never engaged the claimant as their driver. If it was really so, where is the question of making payment of medical expenses, uniform charges etc. to the claimant, when he not performing duties in the bank. Moreover, all these payments are made from the kitty of the bank.

13. Now the moot point before this Tribunal is whether the claimant herein can be termed as 'workman' so as to create relationship of employer and employee between management and the claimant. In order to appreciate submissions raised at the bar by the respective parties in respect of the status of the claimant as 'workman' for the purpose of the Act, it is necessary to reproduce the definition of workman under section 2(s) of the Act :

"workman" means any person (including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature.

14. Bare perusal of the above definition would show that in industrial law there is no distinction between permanent or temporary employee as long as a person is in the employment and is doing any category of work, i.e. manual, unskilled etc. for the employer, he is to be treated as a workman under the industrial disputes Act and still get benefit of the same. Contention of the management that no letter of appointment was issued to the claimant regarding his engagement with the bank as driver though appears to be quite attractive, yet in view of settled legal position as well as evidence on record it is clear that the claimant was driving the car belonging to the management and it clearly suggests that the claimant was engaged to drive the above official car, i.e. Maruti 800 bearing registration No.DL 7C 7189, belonging to the management bank and not personal car of the driver.

15. Hon'ble Apex Court also in the case of Management of Sonepat Co-operative Sugar Mills Ltd. vs. Ajit Singh (AIR 2005 (105) FLR I) has laid down the criteria to ascertain whether a person is a workman or not and observed that a person would come within the purview of the definition of the workman if he is employed in any industry and performs any manual, unskilled, skilled, technical, operational, clerical or supervisory work. It is also trite that designation given by the employer to a workman is not a decisive factor and what is important is the nature of duties being performed by such workmen so as to decide the question whether he or she is a workman under the industrial law or not.

16. It has been held by the Hon'ble Apex Court in the case of Devender Singh Vs. MC Sanaur (AIR (2001) SCC 2532) wherein while interpreting provisions of Section 2(s) of the Act, which deals with definition of workman, as under:

'The source of employment, the method of recruitment, the terms and conditions of employment/contract of service, the quantum of wages/pay and the mode of payment are not at all relevant for deciding whether or not a person is a workman within the meaning of Section 2(s)of the Act.

The definition of workman also does not make any distinction between full time and part time employee or a person appointed on contract basis. There is nothing in the plain language of Section 2(s) from which it can be inferred that only a person employed on regular basis or a person employed for doing whole time job is a workman and the one employed on temporary, part time or contract basis on fixed wages or as a casual employee or for doing duty for fixed hours is not a workman.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5355

15. Whenever an employer challenges the maintainability of industrial dispute on the ground that the employee is not a workman within the meaning of Section 2(s) of the Act, what the Labour Court/Industrial Tribunal is required to consider is whether the person is employed in an industry for hire or reward for doing manual, unskilled, skilled, operational, technical or clerical work in an industry. Once the test of employment for hire or reward for doing the specified type of work is satisfied, the employee would fall within the definition of `workman'.

17. Since in the case on hand, claimant herein was admittedly doing work not only for the Manager of the bank but also for other officials with whom claimant was entrusted by the manager for official work, as is clear from the documents relied upon by the parties. As such, this Tribunal is of the considered opinion that the claimant falls within the definition of 'workman'.

18. During the course of arguments, learned A/R for the management strongly relied upon letter Ex.WW1/M23 and urged that the claimant herein could not be absorbed as per policy contained in the letter as he was not fulfilling the conditions contained in the above letter. It is clearly provided in condition No.14 of the above letter that the candidate must be driving bank vehicle for more than 6 years. Admittedly, in the present case claimant has not completed service of six years as he has worked only from 01.01.2004 to 31.12.2007. Bank has not considered the case of the claimant herein in terms of Ex.WW1/M23 in view of the stipulation of six years of services as contained in letter Ex.WW1/M23, which the claimant admittedly was not satisfying. But the case of the claimant is independent of the above letter as he was admittedly working from 01.01.2004 up to 31.12.2007 and thus has completed 240 days in a calendar year. Management cannot absolve or get rid of the consequences of engagement of the claimant solely on the ground that he was engaged by the manager as personal driver. I have gone through the ratio of judgement in M. Veerappanvs Chairman and Managing Director (2014) LLR 195. In the said case, petitioner was engaged as a personal driver by the Executive of the bank since 1983 for driving official car of the bank. Wages paid to the driver was determined and reimbursed by executives of the bank. Bank had employed the petitioner and such services were later on terminated. In the said case, it was provided by positive evidence that appointment of driver was made by the executive of the bank in his personal capacity without following recruitment rules applicable to the bank. But in the case on hand, virtually scenario is found to be different, in as much as evidence has come on record that the claimant was being paid not only salary through the management but also getting medical allowance, uniform etc and other charges from time to time. In the above case, there was no proof of salary being paid by the management whereas in the present case, evidence as discussed above, is almost ample on record that he was being paid salary from the coffers of the bank.

19. It is further clear from Ex.WW1/2, management has admitted in letter ''Shri Pawan Kumar, temporary driver with us with effect from 02.01.2004''. This letter is duly signed by the Assistant General Manager. Use of expression 'with us' and the is clearly suggestive of the fact that the claimant was employed by the Chief Manager as temporary driver. Further, the Tribunal cannot ignore the fact that reference received by this Tribunal from Ministry of Labour, Government of India, is whether termination of service of Shri Pawan Kumar by the bank is legal and justified, which also suggests that services of the claimant was terminated by the management of the bank and the only point which is to be seen is whether the said termination is illegal and unjustified. Since the claimant has completed 240 days in a calendar year as is clear from evidence on record, management was required to serve one months notice or salary in lieu of such notice as required under Section 25-F of the Act. Non-issuance of such notice or non-payment of one months' notice in lieu thereof has dealt a crippling blow to the case of the management.

20. Issuance of letter Ex.WW1/2 by the Assistant General Manager to the General Manager of the bank clearly shows that Shri Pawan Kumar was engaged as temporary driver with the bank with effect from 01.01.2004. Use of the expression in the head note of the letter 'Temporary Driver with us', by the bank is again suggestive of the fact that the claimant was not a personal driver of Shri Kamath but he was a temporary driver with the bank. Permanent licence Ex.WW1/3, Ex.WW1/4 and Ex.WW1/5 and case certificate Ex.WW1/6 is again suggestive of the fact that the bank has tried to fulfill the codal formalities required being followed for engagement of drivers who are required to possess valid driving licence under the provisions of Motor Vehicles Act so as to drive any vehicle.

21. Shri Murali Iyer MW1, in his statement has also not disputed issuance of Ex.WW1/2 which is addressed by Assistant General Manager of the bank to the General Manager, as well as copy of Circular Ex.WW1/23. He has also admitted that since 2008 bank has regularized personal drivers as sub staff 3-4 times. No doubt, claimant herein has not completed requisite service of six years as on the date when policy Ex.WW1/M23 was issued by the management but the case of the claimant herein is not based on the said letter but on the plea that he has completed 240 days in a calendar year while working for the management bank. Claimant has proved the factum of engagement and also the fact of his having worked with the management as personal driver and he was admittedly driving official vehicle and was doing all types of codal work. He has been paid not only salary but also was paid medical expenses, uniform etc. If he was a personal driver engaged by Shri Kamath, there was no need for the bank to have reimbursed expenses on uniform, medical etc. Claimant was being paid by the bank as the work which was being taken from the claimant was for the benefit of the bank and not solely for the use of Shri Kamath.

5356 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

22. It is the submission of the management that the claimant herein was solely engaged by Shri H.R. Kamath as his personal driver and management has nothing to do with his engagement as driver has again been falsified by the evidence on record as it has come in the cross examination of the claimant that not only Shri H.R. Kamath, but he has also worked as driver of Shri Reddy, General Manager and Shri Bal Krishna Deputy General Manager and Shri Sharma Assistant General Manager. Moreover, overall evidence on record is also suggestive of the fact that from time to time, bank has engaged the workmen by branding them as personal drivers but fact of the matter remains that they were performing duties not solely for such managements but were doing other official work of the management also. In such a situation, this practice being followed previously by the bank so as to engage drivers by branding them as personal drivers of managers is clearly unfair trade practice and militates against beneficial and social welfare and industrial legislation. Everything appears to have been done so that the drivers cannot claim themselves to be in the employment of the management bank.

23. The other residual question is as to what relief the claimant is entitled to? It was seriously urged on behalf of the claimant that he is unemployed after his termination. There is no evidence on record to suggest that the claimant was gainfully employed after his termination. More so, in the absence of any evidence adduced by the management to this effect, version of the claimant is to be accepted.

24. Regarding claim of back wages, it has been made amply clear in Deepali Gundu Surwase vs. Kranti Junior Adyapak Mahavidyalaya (D.Ed) and others (2013 Lab.I.C. 4249), as under:

'Ordinarily, an employee or workman whose services are terminated and who is desirous of getting back wages is required to either plead or at least make a statement before the adjudicating authority or the Court of first instance that he/she was not gainfully employed or was employed on lesser wages. If the employer wants to avoid payment of full back wages, then it has to plead and also lead cogent evidence to prove that the employee/workman was gainfully employed and was getting wages equal to the wages he/she was drawing prior to the termination of service. This is so because it is settled law that the burden of proof of the existence of a particular fact lies on the person who makes a positive averments about its existence. It is always easier to prove a positive fact than to prove a negative fact. Therefore, once the employee shows that he was not employed, the onus lies on the employer to specifically plead and prove that the employee was gainfully employed and was getting the same or substantially similar emoluments.'

25. Ratio of this judgement has been subsequently reiterated and followed by Hon'ble Apex Court as well as High Court. In such a situation, in view of the ratio of law laid down by the Hon'ble Apex Courts, I am of the view that the claimant is entitled to full back wages.

26. As a sequel to my discussion herein above, it is held that termination of services of the claimant, Shri Pawan Kumar, ex-temporary driver with effect from 31.12.2007 is illegal, unjustified, against principles of natural justice and is in violation of provisions of Section 25-F of the Act. Thus, the same is held to be arbitrary and illegal and as a corollary Shri Pawan Kumar, the claimant herein is ordered to be reinstated 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 : June 14, 2017

A. C. DOGRA, Presiding Officer

नई दिल्ली, 23 अगस्त, 2017

का.आ. 1996.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार यूको बैंक के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, जयपुर के पंचाट ;संदर्भ सं. 41/2008द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 23.08.2017 को प्राप्त

हुआ था।

[सं. एल-12012/113/2007-आईआर ;बी-IIद्ध]

रवि कुमार, डेस्क अध्किारी

New Delhi, the 23rd August, 2017

S.O. 1996.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 41/2008) of the Central Government Industrial Tribunal-cum-[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5357 Labour Court, Jaipur as shown in the Annexure, in the Industrial Dispute between the management of UCO Bank and their workmen, received by the Central Government on 23.08.2017.

[No. L-12012/113/2007-IR (B-II)]

RAVI KUMAR, Desk Officer

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"Whether the action of management of UCO Bank, Jaipur through Dy. General Manager in retrenching the services of Shri Ratan Singh Bhati, Driver cum messenger on 15.01.2007 is legal and justified? If not, what relief the workman is entitled to and from which date?"

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4- foi{k us iqu% fcuk dksbZ dkj.k crk;s ,oa fcuk fdlh iwoZ lwpuk ds fnukad 15-1-07 dks voS/k :i ls lsok ls gVk fn;k vkSj lsok esa okil u ysus ds dkj.k orZeku ekeyk U;k;fu.kZ;u gsrq ;kph us izLrqr fd;kA vkxs izkFkhZ dk dFku gS fd mlus fnukad 23-12-06 ls 15-1-07 rd fu;fer dk;Z fd;k ijUrq foi{k us fnukad 15-1-07 dks voS/k rjhds ls NaVuh vkns'k ikfjr dj fn;k tcfd izkFkhZ ls dfu"B deZpkjh Jh jktsUnz xqtZj dks lsok esa cgky j[kk x;k gSA

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13- ;g Hkh dgk x;k gS fd okgu pkyd &de pijklh dk dksbZ in cSad esa ugha gS blfy, bl lEcU/k esa izkFkhZ dk dFku Lohdkj ugha gSA izkFkhZ dh NaVuh djus esa vkS|ksfxd fookn vf/kfu;e ds izkfo/kkuksa dk mYya?ku ugha fd;k x;k gS ,oa izkFkhZ dh ;kfpdk [kkfjt gksus ;ksX; gSA

14- izkFkhZ us tokcqytokc izLrqr dj ;kfpdk ds dFku dh iqujko`fRr dh gS ,oa dgk gS fd ;kph dks okgu pkyd&de&lgkd LVkQ ds in ij fu;qfDr nh x;h FkhA ;g Hkh dgk x;k gS fd foi{k dh lsokeqfDr dk vkns'k U;k;kf/kdj.k ds vkns'k fnuakd 28-7-2000 dh Hkkouk ds izfrdwy gSA cSad esa fu;qDr leLr futh okgu pkydksa ls dk;Z ds i'pkr lgLVkQ ds in dk dk;Z fy;k tkrk Fkk vr% leLr okgu pkydksa dk inuke okgu pkyd≶&lUns'k okgd FkkA ;g Hkh dgk x;k gS fd ;kph ;kfpr vuqrks"k ikus dk gdnkj gSA

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16- izys[kh; lk{; ds :i esa ;kph i{k us foi{k ds i= fnuakd 16-12-2006 RkFkk NaVuh vkns'k fnukad 15-1-2007 dh is vkMZj lfgr QksVksizfr izLrqr dh gSA blds vfrfjDr ;wfu;u ds i= fnukad 1-8-2007 dh QksVksizfr izLrqr dh gS tks deZpkfj;ksa dks lEcksf/kr gSA blds vfrfjDr ;kph us fQgfjLr ls ukS vU; vfHkys[k izLrqr dh gS tks i=koyh ij gSA foi{k dh rjQ ls dksbZ vfHkys[k ugha izLrqr gSA

17- eSuas mHk;i{k ds fo}ku izfrfuf/k dh cgl lquh rFkk i=koyh dk lE;d voyksdu fd;kA

18- ;kph ds fo}ku izfrfuf/k us ;g cgl dh gS fd ;kph miegkizcU/kd dk O;fDrxr pkyd Fkk ysfdu mlls pijklh dk dk;Z Hkh fy;k tkrk Fkk ,oa og okgu pkyd&de pijklh ds in ij fu;qDr Fkk blfy, foi{k }kjk ;g dgdj NaVuh fd;k tkuk fd pkyd dk dksbZ in fjDr ugha Fkk fof/klaxr ugha gS rFkk ;kph dh lsokeqfDr dk vkns'k fujLr gksus ;ksX; gSA vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 th] 25 ,p ds mYya?ku dk lUnHkZ Hkh fy;k x;k gSA mDr cgl dk izfrokn[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5359 dj foi{k ds fo}ku izfrfuf/k us cgl dh gS fd izkFkhZ O;fDrxr pkyd ds in ij j[kk x;k Fkk vkSj ekuuh; U;k;kf/kdj.k ds vkns'k ds vuqikyu esa Hkh og iqu% mlh in ij j[kk x;kA O;fDrxr pkyd dh vko';drk u jgus ds dkj.k vkSj dk;Z ds vHkko esa mls cSBkdj ugha j[kk tk ldrk Fkk vr% fof/kd izfdz;k dk vuqlj.k dj rFkk /kkjk 25 ,Q dk vuqikyu dj izkFkhZ dh foi{k }kjk NaVuh dh x;h tks vko';d Fkh rFkk ,slk fd;k tkuk fof/klaxr gSA ;g cgl Hkh dh x;h gS fd /kkjk 25 th ,oa 25 ,p ds izkfo/kku vkdf"kZr ugha gksrs gS D;ksafd izkFkhZ dks gVk;s tkus ds ckn dksbZ u;h fu;qfDr ugha dh x;h gS vkSj izkFkhZ ls dfu"d dksbZ lsok esa mldh NaVuh ds iwoZ ugha FkkA

19- mHk;i{k dh cgl ds lUnHkZ esa i{kdkjksa }kjk izLrqr lk{; dh O;k[;k vko';d gSA ;g rF; fl) djus dk Hkkj ;kph i{k ij gS fd mldh NaVuh foi{k us fof/k fo:) dh gSA ;kfpdk ds rF; rFkk foi{k }kjk ;kfpdk ds tokc esa izLrqr dFku ls ;g izdV gS fd ;kph fnukad 23-12-06 dks lsok esa iquLFkkZfir gqvk FkkA fnuakd 15-1-07 dks foi{k us vkS|ksfxd fookn vf/kfu;e dh /kkjk 25 ,Q dk vuqikyu djrs gq, mldh lsok ls NaVuh dj nh vkSj NaVuh dk vkns'k fnukafdr 15- 1-07 (M-2) ikfjr djrs gq, 12]950-00 :i;s eqvkotk dh /kujkf'k ls lEcfU/kr is&vkWMZj fnukafdr 15-1-07 (M-3) izkFkhZ dks iznku fd;kA ;kph us viuh izfrijh{kk esa Lohdkj fd;k gS fd NaVuh vkns'k ,e&2 esa of.kZr jkf'k :i;k 12]950-00 dh /kujkf'k foi{k us mls ns nh gSA mDr jkf'k esa rhu ekg ds osru ds cjkcj NaVuh ls lEcfU/kr {kfriwfrZ dh jkf'k 9066- 00:i;k] uksfVl ds cnys ,d ekg ds osru dh jkf'k 2590-00 :i;k] rFkk 01 tuojh ls 15 tuojh rd dh osru dh jkf'k :i;k 1295-00 'kkfey gSA lk{kh us ;g Hkh dgk gS fd og orZeku le; esa nks&<+kbZ gtkj :i;k izfrekg dekrk gSA iqu% Loa; ;g mYys[k Hkh fd;k gS fd dHkh ugha Hkh dekrk gSA Jh uojru lksxkuh] ofj"B izcU/kd us izfrijh{kk esa dgk gS fd ;kph e.My izcU/kd ds futh okgu pkyd ds :i esa dk;Zjr FkkA ;kph us Hkh izfrijh{kk esa ;g Lohdkj fd;k gS fd og e.My izcU/kd dh xkM+h pykrk FkkA foi{kh Lkk{kh dh lEiw.kZ izfrijh{kk ds lw{e voyksdu ls ,slk dksbZ lkjoku rF; izdk'k esa ugha gS ftlls /kkjk 25 ,Q dh foi{k }kjk mYya?ku fd;s tkus dh fLFkfr curh gksA

20- ;gkW bl rF; dk mYys[k egRoiw.kZ gS fd i=koyh ds voyksdu ls ;g tkfgj gS fd blds iwoZ ;kph Jh jru flag HkkVh dh cSad us fnuakd 12-3-95 dks lsok lekIr dj nh Fkh ftlesa fjQjsUl ds vuqlkj jru flag pkyd ds in ij 06-4-94 ls dk;Zjr jguk crk;s x;s gSA U;k;kf/kdj.k us vius iaPkkV fnuakd 28-7-2000 }kjk lsoklekfIr vkns'k /kkjk 25 ,Q dk vuqikyu u ik;s tkus ds dkj.k fujLr fd;k ,oa izkFkhZ dh lsok esa iquLFkkZiuk gsrq vknsf'kr fd;k ftlesa foxr osru ,oa lsok dh fujUrjrk dk ykHk ugha iznku fd;k x;kA vkns'k fnuakd 28-7-2000 ds fo:) flfoy fjV ;kfpdk la[;k 88@2001 ekuuh; jktLFkku mPp U;k;ky; dh ,dihB }kjk fnukad 15-3-2001 dks fujLr dh x;h vkSj 15-3-2001 ds fo:) Mh-ch- flfoy fjV vihy 336@01 ekuuh; [k.MihB }kjk 21-2-06 dks fujLr dh x;hA foi{kh lk{kh dh izfrijh{kk ls ,slk izrhr gksrk gS ekuuh; [k.MihB ds fu.kZ; fnuakd 21-2-06 ds fo:) ekuuh; loksZPp U;k;ky; esa vihy izLrqr dh x;h Fkh tks [kkfjt gqbZA ekuuh; loksZPp U;k;ky; dk vkns'k i=koyh ij fdlh i{k us ugha izLrqr fd;k gSA foi{kh lk{kh us Lohdkj fd;k gS fd ekuuh; loksZPp U;k;ky; ds vkns'k ds ckn gh 23-12-06 dks izkFkhZ dks lsok esa iquLFkkZfir fd;k x;kA

21- ;kph i{k dh rjQ ls Loa; dks fofHkUu txgksa ij fofHkUu inukeksa ls lEcksf/kr fd;k x;k gSA ;kph ds fo}ku izfrfuf/k us cgl esa bl ckr dks mBkrs gq, ;g mYys[k fd;k gS fd ;kph dsoy pkyd ugha cfYd pijklh dk dk;Z Hkh djrk Fkk blfy, foi{k in u gksus ds vHkko esa vU;= Hkh ;kph dks lek;ksftr dj ldrk FkkA ;g n'kkZus ds fy, fd ;kph pkyd ds vfrfjDr pijklh ds in ls tqM+s dk;Z Hkh djrk Fkk U;k;kf/kdj.k dk /;ku 12-3-95 dh lsok lekfIr ls lEcfU/kr i=koyh esa foi{kh lk{kh Jh jkethyky 'kekZ] e.My izcU/kd ds c;ku dh rjQ vkd`"V fd;k x;k fd izkFkhZ pkyd ds vfrfjDr cSad esa vU; dk;Z Hkh djrk FkkA foi{k ds fo}ku izfrfuf/k us bl cgl dk ;g dgdj izfrokn fd;k fd ;kph dsoy O;fDrxr pkyd ds :i esa dk;Z djrk Fkk vkSj fofHkUu inukeksa ls lEcks/ku ;kph i{k }kjk U;k;kf/kdj.k dks HkVdkus ds fy, fd;k x;k gSA

22- tgkW rd Jh jketh yky 'kekZ] e.My izcU/kd ds c;ku ls fdlh ykHk ds feyus dk iz'u gS dsl la[;k 1@97 esa fnukad 12-11-99 dks Jh jketh yky ds lEiw.kZ ekSf[kd lk{; ds voyksdu ls izkFkhZ ds dsoy pkyd dk dk;Z djus ds rF; dh iqf"V gksrh gS rFkk fdlh pijklh ;k vU; in ls tqM+s dk;Z dks djus ds rF; dh iqf"V fcYdqy ugha gksrh gSA U;k;kf/kdj.k ds iquLFkkZiuk vkns'k ds voyksdu ls Hkh ;g tkfgj gS fd ftl in ij iquLFkkZfir djus dk vkns'k gS o flQZ **pkyd** dk in gS u fd **pkyd&de&pijklh** dk in gS tSlk fd ;kfpdk ds izLrj 2 esa dgk x;k gS fd ;kph dks foi{kh us **pkyd&de&pijklh** ds in ij 6-4-94 dks fu;qDr fd;k FkkA vius tokcqytokc esa ;kph us Loa; dks **pkyd≶&lgkd LVkQ** ds in ij fu;qDr gksuk crk;k gSA tokcqytokc ds izLrj lkr esa ;kph us okgu pkydksa dks **pkyd≶&lUns'k okgd** dgk gSA foi{kh lk{kh ds c;ku esa Hkh O;fDrxr pkyd ds in ij gh fu;qDr gksus dk dFku feyrk gSA izkFkhZ i{k ds fy, ;g vko';d gS fd ;g n'kkZ;s fd izkFkhZ dh NaVuh /kkjk 25 ,Q ds izkfo/kku ds mYya?ku esa dh x;h gS] ;k ;g n'kkZos fd pkyd dk dksbZ in fjDr Fkk ftlls vfLrRo esa jgrs gq, mls gVk;k x;k gS tks izkFkhZ us ugha fd;k gSA mDr O;k[;k ,oa fo'ys"k.k ds vk/kkj ij eSa bl fu"d"kZ ij gwWa fd ;kph dh /kkjk 25 ,Q ds vuqikyu ds vk/kkj ij dh x;h NaVuh esa fof/kd gLrk{ksi dh fLFkfr ugha curh gS D;ksafd /kkjk 25 ,Q ds izkfo/kku dk mYya?ku lkfcr ugha gksrk gSA

23- ;kph ds fo}ku izfrfuf/k }kjk ;kfpdk ds leFkZu esa fof/kd n`"VkUr ¼2006½ 4 lqizhe dksVZ dSlst i`"B 733] ;w-ih- LVsV jksM VªkUliksVZ dkjiksjs'ku fyfeVsM &vihykFkhZ cuke 'kkjnk izlkn feJk ,oa vU; &izRFkhZx.k dk lUnHkZ fy;k x;k gSA foi{k ds fo}ku izfrfuf/k us ;g cgl dh gS m)r n`"VkUr dh fof/k O;oLFkk orZeku ekeys esa ykxw ugha gksrh gSA5360 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] eSaus mDr n`"VkUr dk lE;d~ voyksdu fd;kA m)`r n`"VkUr esa izkFkhZ 'kkjnk izlkn feJk dh fu;qfDr dUMDVj ds :i esa le;≤ ij vLFkk;h :i esa dh x;h ,oa vfUre ckj fnukad 01-9-75 ls 30-9-75 rd ,d ekg dh vof/k ds fy, bl 'krZ ds lkFk fo'kq) :i esa rnFkZ vk/kkj ij vLFkk;h :i esa dh x;h Fkh fd mldh lsok dHkh Hkh fcuk uksfVl fn;s lekIr dh tk ldrh gSA pqWafd izkFkhZ dh lsok dh vihykFkhZ dks vko';drk ugha Fkh blfy, ,d ekg ds osru ds lkFk mldh lsok fnukad 6-9-75 dks lekIr dj nh x;hA

lsokeqfDr ds vkns'k esa bl ckr dk mYys[k Fkk fd ;kph uksfVl ds cnys ,d ekg dh osru dk gdnkj gSA vihykFkhZ dk dFku Fkk fd fcuk fojks/k izR;FkhZ us lsoklekfIr vkns'k ds lkFk ,d ekg dh osru vihykFkhZ ls izkIr dhA

izR;FkhZ dh lsoklekfIr ds fo:) foHkkxh; vihy fujLr gks x;hA blds yxHkx lkr o"kZ ckn izR;FkhZ us lsoklekfIr ds fo:) le>kSrk vf/kdkjh ds le{k fookn mBk;k fd mldh fu;qfDr uoEcj 1973 esa dh x;h Fkh ijUrq mldh NaVuh m-iz- vkS|ksfxd fookn vf/kfu;e 1947 ds izkfo/kkuksa dk ikyu fd;s fcuk lekIr dj nh x;h] vr% lsok fu;fer ekurs gq, mls foxr osru ds lkFk lsok esa iquLFkkZfir fd;k tk;A vihykFkhZ us le>kSrk vf/kdkjh ds le{k ;g vkifRr mBk;h fd izR;FkhZ us ekeyk yxHkx lkr o"kZ ckn dkQh foyEc ls mBk;k gS vr% foyEc ds vk/kkj ij ekeyk [kkfjt gksus ;ksX; gSA lkFk gh ;g Hkh vkifRr dh x;h fd fu;qfDr vkns'k ds 'krksZa ds vuq:i mldh lsoklekfIr dh x;h Fkh rFkk izR;FkhZ ds fcuk fojks/k ,d ekg dk osru Hkh izkIr fd;k FkkA mDr fLFkfr ds ckotwn le>kSrk vf/kdkjh dh vlQy lqyg okrkZ ds vk/kkj ij ekeyk fopkj.k gsrq Je U;k;ky;] bykgkckn dks Hkstk x;k fd D;k lsoklekfIr dk vkns'k fof/k laxr gS rFkk ,slk u gksus ij izR;FkhZ fdl vuqrks"k dk gdnkj gS! Je U;k;ky; us fnukad 17-9-84 dks ,okMZ izR;FkhZ ds i{k esa bl vk/kkj ij ikfjr fd;k fd izR;FkhZ us 240 fnu lsok iwjh dj yh Fkh blfy, mldh lsok m-iz- vkS|ksfxd fookn vf/kfu;e 1947 ds izkfo/kku ds fo:) lekIr dh x;h D;ksafd mls NaVuh eqvkotk dk Hkqxrku ugha fd;k x;k Fkk ;|fi ,d ekg dh uksfVl ds cnys osru Hkqxrku fd;k x;k FkkA Je U;k;ky; us iwoZ foxr osru ds lkFk iquLFkkZfir dk vkns'k ikfjr fd;kA

Je U;k;ky; ds iapkV ds fo:) vihykFkhZ dh fjV ;kfpdk esa ekuuh; mPp U;k;ky; us fnukad 4-2-88 ds vUrfje vkns'k ls Je U;k;ky; ds vkns'k dks LFkfxr dj fn;k vkSj lkFk gh deZdkj dks ;kfpdk ds vfUre fuLrkj.k rd iquLFkkZfir djus rFkk 50 izfr'kr foxr osru nsus dk vkns'k ikfjr fd;kA bl izdkj vUrfje vkns'k ls Je U;k;ky; dk vkns'k 50 izfr'kr foxr osru dh gn rd la'kksf/kr fd;k x;kA ekuuh; mPp U;k;ky; ds fnukad 4-2-88 ds vkns'k ds vuqikyu esa deZdkj dks fnukad 09-2-88 dks lsok esa iquLFkkZfir dj fn;k x;k ijUrq iquLFkkZiuk ds ckn deZdkj lsok ds nkSjku fcuk fVdV ;kf=;ksa dks ys tkrs gq, idM+k x;kA vr% tkWp dk;Zokgh djus ds ckn deZdkj dh lsok,a foHkkx }kjk fnukad 31-7-91 dks lekIr dj nh x;h ftlesa foHkkx }kjk ekuuh; mPp U;k;ky; ds le{k ;kph ds izdj.k dks yfEcr jgus ds rF; dks /;ku esa ugha j[kk x;kA fnuakd 8-7-03 dks ekuuh; mPp U;k;ky; us Je U;k;ky; ds vkns'k dh iqf"V djrs gq, vihykFkhZ dh vihy bl vk/kkj ij [kkfjt dj nh fd Hkkjrh; lafo/kku ds vuqPNsn 226 ds vUrxZr Je U;k;ky; ds vkns'k esa gLr{ksi dk dksbZ ekeyk ugha curk gSa rn~uqlkj ekuuh; mPp U;k;ky; }kjk ikfjr vUrfje vkns'k fnukad 4-2-88 Hkh lekIr dj fn;k x;kA

ekuuh; loksZPp U;k;ky; ds le{k fnuakd 8-7-03 ds vkns'k ds fo:) vihy ekuuh; loksZPp U;k;ky; us va'kr% Lohdkj dh ,oa Je U;k;ky; rFkk ekuuh; mPp U;k;ky; ds vkns'k dks la'kksf/kr dj ;g vo/kkfjr fd;k fd deZdkj iapkV dh frfFk ls lsok esa iquLFkkZiuk dh frfFk rd 50 izfr'kr foxr osru ikus dk gdnkj gS rFkk lu 1975 ls 1984 rd dh vof/k gsrq foxr osru dk gdnkj ugha gSA

mDr n`"VkUr ls izkFkhZ ds i{k esa dksbZ ykHk ugha iznku fd;k tk ldrk gS D;ksafd Je U;k;ky; us ;g ik;k Fkk fd NaVuh eqvkotk dk Hkqxrku deZdkj dks ugha fd;k x;k Fkk blfy, lsokeqfDr dk vkns'k fof/klaxr ugha Fkk tcfd izkFkhZ Jh jru flag HkkVh ds ekeys esa NaVuh eqvkotk :-9065@& dk Hkqxrku fd;k x;k gSA

24- tgkW rd /kkjk 25 th ds mYya?ku dk iz'u gS ;kfpdk ds izLrj ikWp essa dgk x;k gS fd izkFkhZ ls dfu"d deZpkjh Jh jktsUnz xqtZj dks lsok esaa cgky j[kk x;k gSA foi{k us tokc esa izLrj ikWp eas Li"V bUdkj fd;k gS] vr% bl rF; dks fl) djus dk Hkkj ;kph ij gS fd jktsUnz xqtZj izkFkhZ ds ckn lsok esa vk;s gS rFkk vc Hkh lsokjr gSA bl fcUnq ij izkFkhZ us dksbZ izys[kh; lk{; ugha izLrqr fd;k gS u gh foi{kh lk{kh ls bl fcUnq ij dksbZ izfrijh{kk dh x;h gSA foi{k us jktsUnz xqtZj uke ds fdlh deZpkjh dh fu;qfDr ds vfLrRo ls gh bUdkj fd;k gSA

25- ;kph ds fo}ku izfrfuf/k us U;k;kf/kdj.k dk /;ku 11-7-11 dks vkosnu ds lkFk izLrqr ;wfu;u ds i= fnukad 1-8- 2007 dh rjQ vkd`"V dj ;g cgl dh fd izcU/ku us fu.kZ; fd;k gS fd O;fDrxr pkydksa dks fu;fer dj lc&LVkQ ds :Ik esa fu;qDr fd;k tk;sxkA foi{k ds fo}ku izfrfuf/k us bldk izfrokn fd;k gS fd i= fnukad 1-8-07 ;wfu;u dk i= vius lkfFk;ksa dks gS blls izcU/ku dk dksbZ ljksdkj ugha gS vkSj izcU/ku us ,slk fu.kZ; Hkh ugha fd;k gSA ;gkW bl rF; dk mYys[k egRoiw.kZ gS fd ;kph dh NaVuh fnukad 15-1-07 dks dh x;h ,oa i= fnukad 1-8-07 vFkkZr yxHkx 7 ekg ckn dk gS vr% blls ;kph dks dksbZ ykHk ugha iznku fd;k tk ldrk gSA ;kph us /kkjk 25 ,p ds mYya?ku ds lEcU/k esa Hkh dksbZ lk{; ugha izLrqr fd;k gS u gh ;kfpdk esa mYys[k fd;k gS fd mls gVk;s tkus ds ckn foi{k us fdl O;fDr dks O;fDrxr pkyd ds in ij ;kph dks volj fn;s fcuk fu;qDr fd;k gSA mDr O;k[;k ,oa fo'ys"k.k ds vk/kkj ij eSa bl fu"d"kZ ij gwWa fd ;kph /kkjk 25 th ,oa /kkjk 25 ,p vkS|ksfxd fookn vf/kfu;e dk mYya?ku fl) djus esa vlQy gSA

26- ;kph us ;kfpdk esa /kkjk 25 ,u ds mYya?ku ds lEcU/k esa mYys[k fd;k gS fd mldk ikyu ugha fd;k x;k gS vkSj tokcqytokc esa /kkjk 25 M (25-M) ds lEcU/k esa dgk gS fd mldk mYya?ku fd;k x;k gS ysfdu buds lEcU/k esa dksbZ[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5361 O;k[;kRed mYys[k ugha gS fd fdl izdkj budk mYya?ku fd;k x;k gSA bu fcUnqvksa ij cgl ds nkSjku Hkh dksbZ cy ugha fn;k x;k vr% bu /kkjkvksa ls lEcfU/kr fcUnq fo:) ;kph fuLrkfjr fd;s tkrs gSA

27- ;kfpdk ds izLrj lkr esa ;kph us foi{k ds fo:) /kkjk 25 (Vh) vuqfpr Je O;ogkj ds mYya?ku dk dFku bl vk/kkj ij izLrqr fd;k gS fd foi{k us dgk gS fd izkFkhZ ds fy, foi{k ds ikl dke ugha gS] ijUrq foi{k dk ;g dFku vlR; gS D;ksafd izkFkhZ **okgu pkyd lg pijklh**dk dk;Z djrk jgk gS rFkk fu;kstu ds ikl pijklh@lans'kokgd dk in fjDr gS rFkk ;kph ls dfu"d lans'kokgdksa dks lsok esa cgky j[kk x;k gS tks /kkjk 25 (Vh) dk mYya?ku gSA foi{k us mDr dFku dk [k.Mu vlR; dFku crkdj bUdkj djrs gq, fd;k gS vkSj dgk gS fd foi{k ds ikl okgu pkyd ds Lohd`r in ugha gS rFkk izkFkhZ ds dfu"Bre~ gksus ds dkj.k mldh NaVuh dh x;h gSA vkxs ;g dgk x;k gS fd **okgu pkyd de pijklh** dk dksbZ in cSad esa ugha gS ,oa izkFkhZ dk ;g dguk xyr gS fd mlls dfu"d pijklh ;k lans'kokgd dk;Z dj jgs gSA ;gakaWa ;g mYys[kuh; gS fd ;kph us lk{; ls u rks ;g rF; lkfcr fd;k gS fd cSad esa **pkyd≶&pijklh** dk dksbZ in gS u gh ;g lkfcr fd;k gS fd pkyd ds fy, fjfDr ds vHkko esa pijklh ds in ij yxk;s tkus dk mls fof/kd vf/kdkj Fkk] vr% vuqfpr Je O;ogkj dk dFku ;kph fl) djus esa vlQy gSA

28- i{kdkjksa ds vfHkopuksa rFkk mlds leFkZu esa iznRr lk{; dh mDr O;k[;k ,oa fo'ys"k.k ds vk/kkj ij eSa bl fu"d"kZ ij gwWa fd ;kph bl rF; dks fl) djus esa vlQy gS fd miegkizcU/kd ds tfj;s ;wukbVsM dkeZf'k;y cSad ds izcU/ku }kjk Jh jruflag HkkVh okgu pkyd dks fnuakd 15-1-07 ls lsok ls NaVuh fd;k tkuk vuqfpr ,oa voS/kkfud gSA ;kph fdlh izdkj dk vuqrks"k ikus dk gdnkj ugha gSA ;kph dh ;kfpdk Lohdkj gksus ;ksX; ugha gS ,oa rn~uqlkj [kkfjt dh tkrh gSA iapkV rn~uqlkj ikfjr fd;k tkrk gSA

29- iapkV dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk 17 ¼1½ ds vUrXkZr izdk'kukFkZ izsf"kr dh tk,A

Hkjr ik.Ms;] ihBklhu vf/kdkjh

नई दिल्ली, 24 अगस्त, 2017

का.आ. 1997.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धरा 17 के अनुसरण में केन्द्रीय सरकार बीसीसीएल के प्रबंध्तंत्रा के संब( नियोजकों और उनके कर्मकारों के बीच, अनुबंध् में निर्दिष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अध्किरण/श्रम न्यायालय, आसनसोल के पंचाट ;संदर्भ सं. 138/1999द्ध को प्रकाशित करती है जो केन्द्रीय सरकार को 18.08.2017 को प्राप्त हुआ था।

[सं. एल-22012/170/1999-आईआर ;सीएम-IIद्ध]

राजेन्द्र सह, अनुभाग अध्किारी

New Delhi, the 24th August, 2017

S.O. 1997.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 138/1999) of the Central Government Industrial Tribunal-cum- Labour Court, Asansol as shown in the Annexure, in the Industrial Dispute between the management of M/s. BCCL and their workmen, received by the Central Government on 18.08.2017.

[No. L-22012/170/1999-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

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

PRESENT : Sri Kishori Ram, Presiding Officer

REFERENCE NO. 138 OF 1999

PARTIES :

The management of Chanchi Victoria Area of M/s. BCCL, Burdwan

V/s

Sri Sukdeo Nunia

REPRESENTATIVES :

For the Management           :   Shri P. K. Das, Ld. Advocate
For the Union (Workman)      :   Mr. Gorachand Chatterjee
5362 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

Industry : Coal

State : West Bengal

Dated : 11th May, 2012

AWARD

In exercise of powers conferred by clause (d) of Sub Section (1) AND Sub section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), Government of India, Ministry of Labour vide its later No. L-22012/170/99-IR(CM-II) dated 31.8.1999 has been pleased to refer the following dispute for adjudication by this Tribunal

SCHEDULE

Whether the action of the management of Chanchi Victoria Area of M/s BCCL in not protecting the wages of Sri Sukdeo Nunia,Auto Fiter is justified ? If not,to what relief the concerned workman is entitled?.

2. Having received the order of the Letter No. L-22012/170/99-IR (CM-II) dt. 31.08.1999 of the above said reference from the Govt. of India,Ministry of Labour,New Delhi for adjudication of the dispute, a reference case No. 138 of 1999 was registered on 14.09.1999 and accordingly an order to that effect was passed to issue notices through the registered post to the parties concerned directing them to appear in the court on the date fixed and to file their written statements along with relevant documents and a list of witnesses in support of their claims. In pursuance of the said orders notices by the registered post were sent to the parties concerned,

3. The case of the sponsoring union for the workman Sukhdeo Nunia is that he was appointed as U.G.Loader on 11.12.1985 and posted at Laikdih deep colliery to work. Since the management of C.V.Area was in need of trained Auto Fitter in their area Auto Work Shop,Laikdih, he was transferred to the Auto Work Shop to work as Auto Fitter since 17th September, 1986 as he was found fit for the post due to having experience in the job. He kept on working as Auto Fitter against a permanent vacancy, getting the wages of U.G.loader.At last he was regularized as Auto Fitter as the L/No.7777 dt. 2/21.12.1995 with the initial Basic Pay of Cat.I which was not accepted by him. Later on after long delay & discussion, he was regularized as Auto Fitter Cat. IV with immediate effect as per L/No. 2443 dt. 25/26.10.96,but initial basic pay of Cat.IV (Rs. 70.30)which caused him to suffer monetary loss of Rs. 15.08 per day in the Basic Pay as contrasted with his previous one prior to his regularization in Cat.IV.Thereby the workman was not given Pay protection as considered by the management in the cases of other workman and his contemporaries.So he is entitled to Full Pay Protection of his wages for the period of 31.12.1995 till his regularization in Cat.IV,and his all arrears etc. thereof, as well as his normal promotion like all others fitters thereafter as per the Company's norms.

4. Whereas the case of the management with specific denials is that workman Sukhdeo Nunia on his transfer to Transport Department of Chanch Victoria Area accepted his engagement to work in the said department for repair and maintenance of the Company s various Automobiles as Trainee. As he was Piece-rated worker, he was converted to time rated designation on completion of required number of days in time rate in he year 1955 having the approval of the Competent Authority of Head Quarters, conveyed to him by the Dy.C.P.M.,C.V.Area letter No.7777 dt. 2/4.12.1995, , his basic was fixed in the initial Cat.I as per the exiting Circular of 1995 which was also accepted by him.He was required as Auto Fitter in Cat.IV in the year 1996, and was paid his wages of Cat.IV as fixed as per norms of Pay Protection.

Further the case of the Management is that as per the new circular of the company issued by the GM(MIS), letters dt. 12/13.03.99,the piece-rated U/G Loaders, who have been converted into time rate in the year 1995-96 will be paid basic as per new system of fixation,i.e., SPRA earned at the time of regularization will be added to the initial basic of the approved category and accordingly fitment will be allowed in the approved time- rate Category w.e.f.the date of his regularization/conversion. No financial benefits or arrear on this account will accure or payable..Admittedly,a proposal was already sent to the BCCL H.Qr. for fixation of basic i.e., converted category of Sri Sukhdeo Nunia ,Piece rated underground loader to Time rated Auto Fitter as per conversion Order No.7777 dt. 2/4.12.1995 and refixation of basic in Cat.IV accordingly. It is alleged that the case is already under consideration,so no valid Industrial Dispute exists. The pay Protection of the workman can be given only within the purview of the circular as a policy decision. Promotion etc. are given to a worker concerned as per provision of the cadre scheme after completing the criteria subject to vacancy. The workman is being given requreid relief as per the norms of the Company's so he is not entitled to any relieves except those relieves which are legal, bonafide and justified under the aforesaid circular of the Company.

FINDING WITH THE REASONING

5. In this case,WW I Sukhdeo Nunia (Nonia),the workman for the Union concerned has been examined. But the Management declined to examine any witness on its behalf.

On perusal and consideration of all the materials, oral & documentary, as adduced by the workman, I find the following facts indisputble:

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5363

(i) The workman joined as U/G Loader at Laikdih Colliery on 11.12.1985,prior to which he had learnt Auto Mobile Works outside. As, per Note Sheet dt.21.9.96 of the Management (Ext.WI on admission). Sukhdeo Nonia came from Laikdih deep colliery on 17.9.1986,and from that date he was working Auto Fitter. On his applications identical dtt. 20.7.89 and 30.8.95(Ext.W.2 series) and the Manager (Transport) s report (Ext. w.3) about his working as the Auto Fitter for the year 17.8.1986 to 15.3.1990,he got the designation of Auto Fitter, and accordingly he was authorized as an Auto Fitter as per the office order dt.10.1.1993 (Ext. W 2/3) and his conversion in Time Rated Category as per office order dt. 20.12.1995 (Ext. W 2/9).At last, he was regularized as Auto Fitter (T),Cat. I as per the office order dt.25/26.10.1996 (Ext.W 2/7),according to which his basic pay as Auto Fitter Cat.IV was fixed at Rs. 70.3 as per the office order dt.27.1./2.3.97 (Ext. W 2/8).

(ii) Admittedly, the workman had not filed any application for his conversion of piece rated into time rated before the management ,rather it was effected as per the office order of the management in 1996-97 (Vide office Order dt. 20.12.95,Ext. 2/9).

Whereas the management used to pay the workman [piece rated wages for 10-12 years and on his regularization as Time rated worker in Cat.I, it resulted in reduction of his piece rated wages affecting his basic wages as contrasted with those of his colleagues Sukar Gope and Lal Bhadur as well as his Juniors Devendra Pandey, Sham Bihari Singh and R.D.Tiwary who are drawing their wages daily at the rate of Rs. 20-30 more than him, though his service has been 25-26 years till now. So the workman stated that action of the management in deduction of his wages as unjustified, he is entitled to pay protection of the wages due.

6. Mr.P.K.Das,Ld. Advocate for the Management in reference to the Ruling (2011 (128)FLR 458 (The HC) S.B., workman RajRappa Washery of M/s CCL Vs. Employees Raj Rappa Washery of CCL has submitted,as held therein, that in case of the demand of the union for regularization of some worker who continuously worked from 1991 to March 1999,but they failed to establish the same ; so the Award of the Tribunal that the workmen were not entitled to get any relief had no ground to interfere with it.(Para 5)' Further plea of Mr.Das,Ld. Counsel for the Management ,in view of the authority : (2011(128) fLR 928) (SC) (DB) Rajasthan & Others Vs. Daya Lal & Others .as held therein, is that 'Mere continuation of service by a temporary or adhoc or daily wages employee under cover of some interim order of the Court would not confer on him any right to be absorbed into service, as the employee was not working against a sanctioned post, so he is not entitled to claim regularization (Para 8). Since in the instant case the Workman Auto Fitter (T),Cat.I, has been regularized as Auto Fiter IV with immediate effect as the Office Order dt. 26th Oct. 1996 of the Chief Personnel Manager ,C.V./Area,(Ext. 2/7); hence none of the aforesaid authorities holds good with this case.

Viewing the aforesaid fact,it is held /awarded that the action of the management of Chanchi Victoria Area of M/s BCCL in not protecting the wages of Sri Sukdeo Nonia (Nunia),Auto Fitter, is not legally justified. Therefore it is hereby ordered that the workman is entitled to full protection of the wages w.e.f. 26.10.1996 with all consequential benefits after fixation of his basic pay of Auto Fitter Gr. IV as also in accordance with the Pay Revision of NCWA. VII

The Management is directed to implement the award within one month from the date of its receipt after its publication in the Gazette of India. Let an Award be and same is passed as per law. Send the copy of the Award to the Government of India, Ministry of Labour, New Delhi for information and needful.

KISHORI RAM, Presiding Officer/Link Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 1998.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स ओ.एन.

जी.सी. लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 20/2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-30012/50/2004-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 1998.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 20/2005) of the Central Government Industrial Tribunal/Labour5364 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. O.N.G.C. Ltd. and their workman, which was received by the Central Government on 22.08.2017.

[No. L-30012/50/2004-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 05th July, 2017

Reference: (CGITA) No. 20/2005

The General Manager, ONGC Ltd., Medical Section, Ankleshwar (Gujarat)

…First Party

V/s

Shri Chandravadan Dhirajsingh Gadariya, Fata Talav, Gadariyawad, Bharuch (Gujarat)

…Second Party

For the First Party : Shri K.V. Gadhia

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L- 30012/50/2004-IR(M) dated 02.02.2005 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 ONGC Ltd., C.G. Section, Ankleshwar Asset, Ankleshwar in terminating the services of Shri Chandravadan Dhirajsingh Gadariya through its contractor M/s Laxmi Constructions, Surat is legal, proper and justified? If not, to what relief these workmen are entitled and what other directions are necessary in the matter?"

1. The reference dates back to 02.02.2005. The second party workman submitted the statement of claim Ex. 4 on 28.03.2006 and the first party submitted the written statement Ex. 8 on 19.07.2007. The second party also submitted the number of documents vide list Ex. 12 on 15.12.2009. The workman also filed the written deposition Ex. 13 on 15.12.2009 but did not respond since then on number of dates for his cross-examination by the first party no. 1. On 17.05.2016, the legal heirs of the workman through their advocate Shri Afeedwala moved an application Ex. 19 for substituting their names in place of the workman. The said application was allowed on 22.06.2016. Since then the legal heirs of the second party did not come forward to lead evidence.

2. Therefore, the reference is disposed of in the absence of the evidence of the legal heirs of the workman with the observation as under: "the action of the management of ONGC Ltd., C.G. Section, Ankleshwar Asset, Ankleshwar in terminating the services of Shri Chandravadan Dhirajsingh Gadariya through its contractor M/s Laxmi Constructions, Surat is legal, proper and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 1999.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स डी.के. त्रिावेदी एण्ड सन्स मार्बल माइन्स के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5365 केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 119/2006द्ध को प्रकाशित करती है, जो

केन्द्रीय सरकार को 22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/38/2005-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 1999.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 119/2006) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. D.K. Trivedi and Sons Marble Mines and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/38/2005-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 02nd August, 2017

Reference: (CGITA) No. 119/2006

M/s D. Trivedi and Sons Marble Mines, Jaivav, Ambaji, Banaskantha (Gujarat)

…First Party

V/s

Shri Yeshwantsingh N. Rathod, At Adad, Tah. Danta, Banaskantha (Gujarat)

…Second Party

For the First Party      :   Shri J.M.Patel
For the Second Party     :   Shri K.K. Trivedi

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/38/ 2005-IR(M) dated 01.05.2006 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 M/s D.K. Trivedi and Sons Marble Mines, Ambaji in terminating the services of Shri Yeshwantsingh N. Rathod, Assistant Electrician (Wireman) orally with effect from 13.01.2002 without following the provisions of law is legal and justified? If not, what relief the workman concerned is entitled to?"

1. The reference dates back to 01.05.2006. The second party submitted the statement of claim Ex. 4 on 12.12.2006 and the first party submitted the written statement Ex. 9 on 24.07.2008. The case was listed for ex-parte evidence. The second party workman Yeshwantsingh N. Rathod who submitted his affidavit/examination in chief Ex. 10 on 27.11.2008 along with number of documents. Since then the second party workman has been absent, therefore, a fresh notice Ex. 11 was issued to both the parties to appear on 08.03.2011. The second party submitted the vakalatpatra Ex. 12 of his advocate Shri K.K. Trivedi on 27.04.2011 but the second party workman did not appear. Again a fresh notice5366 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] Ex. 13 was issued to the workman on 05.04.2017 to appear on 18.04.2017. This notice was serviced on the second party workman as the acknowledgement of service Ex. 14 was received but to no result. Thus the affidavit Ex. 10 has no evidentiary value being not tested by way of cross-examination because of the non-appearance of the workman despite repeated notice issued to him. Thus it appears that the second party is not willing to prosecute the case.

2. Thus the reference in the absence of the evidence of the second party workman, is disposed of with the observation as under: "the action of the management of M/s D.K. Trivedi and Sons Marble Mines, Ambaji in terminating the services of Shri Yeshwantsingh N. Rathod, Assistant Electrician (Wireman) orally with effect from 13.01.2002 without following the provisions of law is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2000.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स भारतीय जीवन बीमा निगम के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 129/2012द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-17011/6/2012-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2000.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 129/2012) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central Government on 22.08.2017.

[No. L-17011/6/2012-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 03rd August, 2017

Reference: (CGITA) No. 129/2012

1. The Sr. Divisional Manager, LIC of India, E & IR, Ahmedabad Division Office, Jeevan Prakash Building, Tilak Marg, Post Box No. 277, Ahmedabad (Gujarat)

2. The General Secretary, Ahmedabad Divisional Insurance Workers Organization, C/o LIC of India Divisional Office, Jeevan Prakash Building,[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5367 6th Floor, Tilak Road, Ahmedabad (Gujarat) …First Party

V/s

The General Secretary, Insurance Corporation Employees Union, C/o LIC of IndiaDivisional Office, Jeevan Prakash Building, 6th Floor, Tilak Road, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri K.V. Gadhia

For the Second Party : Shri K.R. Mishra

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-17011/6/2012- IR(M) dated 04.09.2012 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of Ahmedabad Division Insurance Workers Organization and Insurance Corporation Employees Union, Ahmedabad for canteen facility at the Divisional office, Ahmedabad similar to other Divisional Zonal, Central and some Branch Offices by the management of Sr. Divisional Manager, Life Insurance Corporation of India, Ahmedabad is legal and justified? What relief the workmen are entitled to?"

1. The reference dates back to 04.09.2012. The second party submitted the statement of claim Ex. 6 on 03.06.2013 and the first party submitted the written statement Ex. 7 on 27.11.2013. Since then the second party has been absent and has not been leading evidence. After giving dozens of opportunities to lead evidence, on 20.04.2017 a last opportunity in absentia was given to the second party but to no result. Thus it appears that the second party has not been willing to prosecute the case.

2. Therefore, in the absence of the evidence of the second party, the reference is disposed of with the observation as under: "the demand of Ahmedabad Division Insurance Workers Organization and Insurance Corporation Employees Union, Ahmedabad for canteen facility at the Divisional office, Ahmedabad similar to other Divisional Zonal, Central and some Branch Offices by the management of Sr. Divisional Manager, Life Insurance Corporation of India, Ahmedabad is illegal and unjustified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2001.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स एयरपोर्ट अथॉरिटी ऑपफ इंडिया के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में

केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 304/2004द्ध को प्रकाशित करती है, जो

केन्द्रीय सरकार को 22.08.2017 को प्राप्त हुआ था।

[सं. एल-11012/32/1999-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2001.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 304/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Airport Authority of India and their workman, which was received by the Central Government on 22.08.2017.

[No. L-11012/32/1999-IR (M)]

RAJESH KUMAR, Under Secy.

5368 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 01st August, 2017

Reference: (CGITA) No. 304/2004

The Airport Director, Airport Authority of India, Ahmedabad Airport, Ahmedabad (Gujarat)

…First Party

V/s

The General Secretary, Gujarat Mazdoor Panchayat, Shram Shakti, P.B. No. 77, Opp. Prabhat Press, Mirjapur Road, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri Naidu Associates

For the Second Party : Gujarat Mazdoor Panchayat (Union)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-11012/32/99- IR(M) dated 29.05.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the Gujarat Mazdoor Panchayat, Ahmedabad that the so called arrangement of contracts by which Shri Manubhai Dahyabhai Rathod, Shri Amrutbhai Daahyabhai Makwana, Shri Pravinkumar Ramanlal Makwana and Shri Dineshbhai Dhulabhai Parmar are engaged by the National Airport Authority of India, Ahmedabad is sham and bogus and the concerned workmen are entitled for pay and allowance and other benefits at par with the regular employees of National Airport Authority of India is legal and justified? If yes, then to what relief the concerned persons are entitled?"

1. The reference dates back to 29.05.2000. The second party union Gujarat Mazdoor Panchayat submitted the statement of claim Ex. 4 along with application for interim relief Ex. 6 on 10.08.2000 and the first party submitted the joint written statement against both the aforesaid documents of the second party on 14.06.2001. The second party also submitted the counter reply Ex. 17 on 25.07.2001. Later, the first party moved an application Ex. 22 for impleading the contractor as first party no. 2, same was disposed of on 01.07.2002 as not pressed by the first party. Similarly, the application Ex. 15 for interim relief was also disposed of as not pressed on 08.07.2002. Since then the second party has been seeking time by way of moving number of applications but to no result.

2. The second party on 14.02.2017 was given last opportunity to lead his evidence on 17.04.2017 for leading evidence but to no result. Despite giving last opportunity, the second party was again given one more opportunity to lead evidence on 01.08.2017 but the second party instead of leading evidence, has failed to appear before the tribunal.

3. Thus it appears that the second party union has not been willing to lead any evidence and to prosecute the case.

4. Thus the reference is disposed of in absence of the evidence of the second party with the observation as under: "the demand of the Gujarat Mazdoor Panchayat, Ahmedabad that the so called arrangement of contracts by which Shri Manubhai Dahyabhai Rathod, Shri Amrutbhai Daahyabhai Makwana, Shri Pravinkumar Ramanlal Makwana and Shri Dineshbhai Dhulabhai Parmar are engaged by the National Airport Authority of India, Ahmedabad is sham and bogus and the concerned workmen are entitled for pay and allowance and other benefits at par with the regular employees of National Airport Authority of India is legal and justified."

P. K. CHATURVEDI, Presiding Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5369

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2002.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स डी.के. त्रिावेदी एण्ड सन्स के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 993/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/78/1995-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2002.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 993/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. D.K. Trivedi and Sons and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/78/1995-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 993/2004

The General Manager (Mines), M/s D.K. Trivdei and Sons, P.O. Ambaji, Danta, Banashantha (Gujarat)

…First Party

V/s

The General Secretary, Gujarat Mines and Minerals Processing Industry Workers Sangathan, 8, Mangaldeep Flats, Near Parikshit Bridge, Gandhi Ashram, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri S.B. Gogia

For the Second Party : Shri D.K. Shah

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/78/95- IR(M) dated 04.01.1996 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of M/s D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Bharmabhai Manabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 06.03.1994 just, valid and legal? If not to what benefits the workman is entitled for and what directions are necessary in the matter?"5370 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] 1. The reference dates back to 04.01.1996. The second party submitted the statement of claim Ex. 2 alleging that he has been working in the first party organisation since its inception but without any assigning reasons, he was removed on 06.03.1994 without notice, notice/retrenchment pay. Therefore, he has prayed for reinstatement with back wages.

2. The first party submitted the written statement Ex. 4 denying the allegations made in the statement of claim stating that the workman himself resigned on 20.02.1994 and left the service after receiving all the dues. The written statement is enclosed with the necessary documents Ex. 5/1 to 5/3 regarding resignation letter and original vouchers of payment of wages.

3. On the basis of the pleadings, following issues arise:

i. Whether the workman left the service after tendering his resignation?

ii. Whether the services of the workman were terminated illegally?

iii. Whether the workman is entitled for any relief?

4. The burden to prove the aforesaid issues were lying on the workman and in support of his case, the second party union examined Sopliben on behalf of the workman who admitted that her husband had died and her husband himself tendered his resignation voluntarily and received all the legal dues after tendering his resignation.

5. Thus in the light of the aforesaid statement of the wife of the workman, all the issues are decided in negative and therefore, the reference is disposed of with the observation as under: "the action of the management of M/s. D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Bharmabhai Manabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 06.03.1994 just, valid and legal."

6. No relief can be granted.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2003.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स डी.के. त्रिावेदी एण्ड सन्स के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 998/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/79/1995-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2003.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 998/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. D.K. Trivedi and Sons and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/79/1995-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 998/2004

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5371

The General Manager (Mines), M/s D.K. Trivdei and Sons, P.O. Ambaji, Danta, Banashantha (Gujarat)

…First Party

V/s

The General Secretary, Gujarat Mines and Minerals Processing Industry Workers Sangathan, 8, Mangaldeep Flats, Near Parikshit Bridge, Gandhi Ashram, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri S.B. Gogia

For the Second Party : Shri D.K. Shah

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/79/95- IR(M) dated 05.01.1996 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of M/s. D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Amrabhai Manabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 09.03.1994 just, valid and legal? If not to what benefits the workman is entitled for and what directions are necessary in the matter?"

1. The reference dates back to 05.01.1996. The second party submitted the statement of claim Ex. 5 alleging that he has been working in the first party organisation since its inception but without any assigning reasons, he was removed on 09.03.1994 without notice, notice/retrenchment pay. Therefore, he has prayed for reinstatement with back wages.

2. The first party submitted the written statement Ex. 6 denying the allegations made in the statement of claim stating that the workman himself resigned on 20.02.1994 and left the service after receiving all the due. The written statement is enclosed with the necessary documents Ex. 5/1 to 5/3 regarding resignation letter and original vouchers regarding payment of wages.

3. On the basis of the pleadings, following issues arise:

i. Whether the workman left the service after tendering his resignation?

ii. Whether the services of the workman were terminated illegally?

iii. Whether the workman is entitled for any relief?

4. The burden to prove the aforesaid issues were lying on the workman and in support of his case, the second party union examined the workman namely Kharadi Amrabhai Manabhai who admitted that he himself tendered his resignation voluntarily and received all the legal dues after tendering his resignation.

5. Thus in the light of the aforesaid statement of the workman, all the issues are decided in negative and therefore, the reference is disposed of with the observation as under: "the action of the management of M/s. D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Amrabhai Manabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 09.03.1994 is just, valid and legal."

6. No relief can be granted.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2004.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स डी.के. त्रिावेदी एण्ड सन्स के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार5372 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)] औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 999/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/77/1995-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2004.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 999/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. D.K. Trivedi and Sons and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/77/1995-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 999/2004

The General Manager (Mines), M/s D.K. Trivdei and Sons, P.O. Ambaji, Danta, Banashantha (Gujarat)

…First Party

V/s

The General Secretary, Gujarat Mines and Minerals Processing Industry Workers Sangathan, 8, Mangaldeep Flats, Near Parikshit Bridge, Gandhi Ashram, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri S.B. Gogia

For the Second Party : Shri D.K. Shah

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/77/95- IR(M) dated 05.01.1996 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of M/s. D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Ganabhai Badhabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 09.03.1994 just, valid and legal? If not to what benefits the workman is entitled for and what directions are necessary in the matter?"

1. The reference dates back to 05.01.1996.The second party submitted the statement of claim Ex. 5 alleging that he has been working in the first party organisation since its inception but without any assigning reasons, he was removed on 09.03.1994 without notice, notice/retrenchment pay. Therefore, he has prayed for reinstatement with back wages.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5373

2. The first party submitted the written statement Ex. 6 denying the allegations made in the statement of claim stating that the workman himself resigned on 20.02.1994 and left the service after receiving all the due. The written statement is enclosed with the necessary documents Ex. 5/1 to 5/3 regarding resignation letter and original vouchers regarding payment of wages.

3. On the basis of the pleadings, following issues arise:

i. Whether the workman left the service after tendering his resignation?

ii. Whether the services of the workman were terminated illegally?

iii. Whether the workman is entitled for any relief?

4. The burden to prove the aforesaid issues were lying on the workman and in support of his case, the second party union examined the workman namely Kharadi Ganabhai Badhabhai who admitted that he himself tendered his resignation voluntarily and received all the legal dues after tendering his resignation.

5. Thus in the light of the aforesaid statement of the workman, all the issues are decided in negative and therefore, the reference is disposed of with the observation as under: "the action of the management of M/s. D.K. Trivedi and Sons, in not taking on duties, discontinuing/terminating the services of Shri Kharadi Ganabhai Badhabhai at Quarry No. 1 Zarivav marble Mines, Ambaji, Danta, District Banashantha w.e.f. 09.03.1994 just, valid and legal."

6. No relief can be granted.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2005.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स सौराष्ट्र सीमेन्ट लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1116/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/20/1999-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2005.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1116/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Saurashtra Cement Ltd. and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/20/1999-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 1116/2004

The Director, M/s Saurashtra Cement Ltd., Near Railway Station, PO – Ranavav, Porbandar (Gujarat) – 360560 …First Party5374 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

V/s

Shri Sarkar Jaygopal J., 12, Ranchhod Nagar Society, Opp. 15 Number School, Rajkot (Gujarat) – 360003 …Second Party

For the First Party : Shri P.S. Gogia

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/20/99- IR(M) dated 06.07.1999 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 Director (Works) of Saurashtra Cement Ltd.,Ranavav, District Porbandar in not giving appointment to Shri Sarkar Jaygopal J., as Diesel Mechanic after completion of his training is just, valid and legal? If not, to what relief the workman is entitled to and what directions are necessary in the matter?"

1. The reference dates back to 06.07.1999. The second party has submitted the statement of claim Ex. 2 on 20.09.1999 alleging that he was appointed as Diesel Mechanic for the period of 2 years training on the monthly wages of Rs. 2000/- by the first party The Director (Works) of Saurashtra Cement Ltd., but his services were terminated on 05.08.1998 without assigning any reason despite the fact that he was assured to be absorbed as a permanent employee after completion of training. Thus the first party backed out from the promise made by way of appointment as Diesel Mechanic. The second party has also submitted the documents Ex. 9/1 to 9/8 namely Interview call letter, appointment letter, letter of extension of training period, certificate issued by opponent, demand notice, reply given to opponent company, reply given by applicant and RPAD acknowledgement.

2. The first party Saurashtra Cement Ltd. by way of written statement Ex. 7 objected to the allegations made in the statement of claim and submitted that the workman had been working as trainee. He was never appointed as regular employee. During the course of training, he represented before the company that he wanted to go for further studies at Rajkot situated Polytechnic School. It is further submitted that the first party asked him to continue his training but he refused to undergo further training. The first party also submitted the number of documents vides Ex. 19/1 to 19/6 more or less the same documents as filed by the second party.

3. On the perusal of the pleadings, the following issues arise:

i. Whether the second party was a workman?

ii. Whether the termination of the second party was illegal?

iii. Whether the workman is entitled for any relief?

4. All the issues are interrelated and therefore, will be disposed of together. The burden of prove of the aforesaid issues were lying on the second party workman. The second party workman in his deposition admitted that he was appointed as a trainee and was getting stipend at the rate of Rs. 2000/- per month. He has further admitted that his training period was from 01.08.1995 to 01.08.1997. He has also admitted that as per the terms and conditions of the appointment letter, if his services were not found satisfactory, he may be discontinued by the first party. He has also admitted that despite company's offer to join the company, he did not join. He also admitted that after leaving the first party, he joined a garage as mechanic.

5. The first party submitted the affidavit Ex. 31 of Harash Kumar Sachdav reiterating the averments made in the written statement stating that the second party workman was a trainee on a monthly stipend basis. He never completed 240 days in a year. Due to his unsatisfactory working, his training period was extended for one more year.

6. It is noteworthy that the second party has been absent since the filing of his affidavit on 22.01.2009, therefore, on the basis of the written arguments of the first party, the matter is disposed of. The evidence of both the parties clearly indicates that the second party was an apprentice on monthly stipend basis for a period of 2 years and his services were extended for one more year being his services unsatisfactory. It is also noteworthy that Delhi High Court in management of M/s. Otis Elevator Company (India) Ltd. V/s The Presiding Officer, Industrial Tribunal 3rd , 2003 LLR, 401, Delhi, has held that a trade trainee appointed on a monthly stipend basis will not be termed as workman under the Industrial Disputes Act.

7. Thus on the basis of the aforesaid judgement, the second party cannot be called as a workman and as appears from the evidence that he himself left the first party organisation for further study, therefore, he cannot take advantage of his own action.

[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5375

8. Thus the action of the Director (Works) of Saurashtra Cement Ltd., Ranavav, District Porbandar in not giving appointment to Shri Sarkar Jaygopal J., as Diesel Mechanic after completion of his training is just, valid and legal and no relief can be granted.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2006.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स सौराष्ट्र सीमेन्ट लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार

औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1117/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को

22.08.2017 को प्राप्त हुआ था।

[सं. एल-29012/21/1999-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2006.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1117/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. Saurashtra Cement Ltd. and their workman, which was received by the Central Government on 22.08.2017.

[No. L-29012/21/1999-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 1117/2004

The Director, M/s Saurashtra Cement Ltd., Near Railway Station, PO – Ranavav, Porbandar (Gujarat) – 360560 …First Party

V/s

Shri Sonraj Nitin, C/o Shri Ishwardan B. Barot, Ramnathpara, Police Line, Quarter No. 104, Rajkot (Gujarat) – 360002 …Second Party

For the First Party : Shri P.S. Gogia

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-29012/21/99- IR(M) dated 12.07.1999 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

5376 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

SCHEDULE

"Whether the action of the Director (Works) of Saurashtra Cement Ltd., Ranavav, District Porbandar not to give appointment to Shri Sonraj Nitin as Diesel Mechanic after completion of his training is just, valid and legal? If not, what directions are necessary in the matter?"

1. The reference dates back to 12.07.1999. The second party has submitted the statement of claim Ex. 2 on 20.09.1999 alleging that he was appointed as Diesel Mechanic for the period of 2 years training on the monthly wages of Rs. 2000/- by the first party The Director (Works) of Saurashtra Cement Ltd., but his services were terminated on 05.08.1998 without assigning any reason despite the fact that he was assured to be absorbed as a permanent employee after completion of training. Thus the first party backed out from the promise made by way of appointment as Diesel Mechanic. The second party has also submitted the documents Ex. 9/1 to 9/8 namely Interview call letter, appointment letter, letter of extension of training period, certificate issued by opponent, demand notice, reply given to opponent company, reply given by applicant and RPAD acknowledgement.

2. The first party Saurashtra Cement Ltd. by way of written statement Ex. 7 objected to the allegations made in the statement of claim and submitted that the workman had been working as trainee. He was never appointed as regular employee. During the course of training, he represented before the company that he wanted to go for further studies at Rajkot situated Polytechnic School. It is further submitted that the first party asked him to continue his training but he refused to undergo further training. The first party also submitted the number of documents Ex. 19/1 to 19/6 more or less the same documents as filed by the second party.

3. On the perusal of the pleadings, the following issues arise:

i. Whether the second party was a workman?

ii. Whether the termination of the second party was illegal?

iii. Whether the workman is entitled for any relief?

4. All the issues are interrelated and therefore, will be disposed of together. The burden of prove of the aforesaid issues were lying on the second party workman. The second party workman in his deposition admitted that he was appointed as a trainee and was getting stipend at the rate of Rs. 2000/- per month. He has further admitted that his training period was from 01.08.1995 to 01.08.1997. He has also admitted that as per the terms and conditions of the appointment letter, if his services were not found satisfactory, he may be discontinued by the first party. He has also admitted that despite company's offer to join the company, he did not join. He also admitted that after leaving the first party, he joined a garage as mechanic.

5. The first party submitted the affidavit Ex. 31 of Harash Kumar Sachdav reiterating the averments made in the written statement stating that the second party workman was a trainee on a monthly stipend basis. He never completed 240 days in a year. Due to his unsatisfactory working, his training period was extended for one more year.

6. It is noteworthy that the second party has been absent since the filing of his affidavit on 22.01.2009, therefore, on the basis of the written arguments of the first party, the matter is disposed of. The evidence of both the parties clearly indicates that the second party was an apprentice on monthly stipend basis for a period of 2 years and his services were extended for one more year being his services unsatisfactory. It is also noteworthy that Delhi High Court in management of M/s Otis Elevator Company (India) Ltd. V/s The Presiding Officer, Industrial Tribunal 3rd , 2003 LLR, 401, Delhi, has held that a trade trainee appointed on a monthly stipend basis will not be termed as workman under the Industrial Disputes Act.

7. Thus on the basis of the aforesaid judgement, the second party cannot be called as a workman and as appears from the evidence that he himself left the first party organisation for further study, therefore, he cannot take advantage of his own action. Thus the action of the Director (Works) of Saurashtra Cement Ltd., Ranavav, District Porbandar not to give appointment to Shri Sonraj Nitin as Diesel Mechanic after completion of his training is just, valid and legal and no relief can be granted.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2007.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स ओ.एन.

जी.सी. लिमिटेड एवं अन्य के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय

सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1313/2004द्ध को प्रकाशित करती है, जो केन्द्रीय

सरकार को 22.08.2017 को प्राप्त हुआ था।

[सं. एल-30012/75/2000-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5377

New Delhi, the 24th August, 2017

S.O. 2007.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1313/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. O.N.G.C. Ltd. and Other and their workman, which was received by the Central Government on 22.08.2017.

[No. L-30012/75/2000-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 1313/2004

1. The Group General Manager (P),

ONGC Ltd., Hazira Project, P.O. Bhatpore, Surat (Gujarat) – 394518

2. M/s Sagar Construction, Near Tapi Bridge, Tax Plaza, Kagdaila ONGC Road, Surat (Gujarat) – 394518 …First Party

V/s

Shri Arvind G. Patel, At. Bhatpur, Taluka Choryasi, Surat (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- 30012/75/2000-IR(M) dated 05.07.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the contract between the management of ONGC Ltd., Surat and the Contractor M/s Sagar Construction in respect of the contractual workman Shri Arvind G. Patel is sham and bogus contract?"

"Whether the demand of the workman Shri Arvind G. Patel for treating/declaring him as direct and regular/permanent employee of ONGC Ltd. Or from the date of Notification issued by Government of India, prohibiting his alleged employment/work through the contract system is legal and justified? If so, to what relief Shri Arvind G. Patel is entitled and from which date and what other directions are necessary in the matter?"

1. The reference dates back to 05.07.2000. The second party submitted the statement of claim Ex. 4 along with application for interim relief Ex. 6 on 07.11.2000 and the first party submitted the written statement Ex. 8 on 10.04.2001 along with number of documents vide list Ex. 13. Since then the second party has not been leading evidence.

5378 THE GAZETTE OF INDIA : AUGUST 26, 2017/BHADRA 4, 1939 [PART II—SEC. 3(ii)]

2. The tribunal on 15.02.2017 directed to issue fresh notice to all the parties to appear on 18.04.2017, same was issued but despite the service of the notice on 18.04.2017, someone on behalf of the second party sought time to lead evidence but to no result. Thus it appears that the second party is not willing to prosecute the case.

3. Thus the reference in the absence of the evidence of the second party, is disposed of with the observation as under: "the contract between the management of ONGC Ltd., Surat and the Contractor M/s Sagar Construction in respect of the contractual workman Shri Arvind G. Patel is not sham and bogus contract and the demand of the workman Shri Arvind G. Patel for treating/declaring him as direct and regular/permanent employee of ONGC Ltd. Or from the date of Notification issued by Government of India, prohibiting his alleged employment/work through the contract system is not legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 24 अगस्त, 2017

का.आ. 2008.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स ओ.एन.

जी.सी. लिमिटेड एवं अन्य के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय

सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1320/2004द्ध को प्रकाशित करती है, जो केन्द्रीय

सरकार को 22.08.2017 को प्राप्त हुआ था।

[सं. एल-30012/83/2000-आईआर ;एमद्ध]

राजेश कुमार, अवर सचिव

New Delhi, the 24th August, 2017

S.O. 2008.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1320/2004) of the Central Government Industrial Tribunal/Labour Court, Ahmedabad now as shown in the Annexure, in the industrial dispute between the employers in relation to the management of M/s. O.N.G.C. Ltd. and Other and their workman, which was received by the Central Government on 22.08.2017.

[No. L-30012/83/2000-IR (M)]

RAJESH KUMAR, Under Secy.

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 31st July, 2017

Reference: (CGITA) No. 1320/2004

1. The Group General Manager (P),

ONGC Ltd., Hazira Project, P.O. Bhatpore, Surat (Gujarat) – 394518

2. M/s Sagar Construction, Near Tapi Bridge, Tax Plaza, Kagdaila ONGC Road, Surat (Gujarat) – 394518 …First Party

V/s

Shri Vijay D. Patel, At. Bhatpur, Taluka Choryasi, Surat (Gujarat)

…Second Party[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : अगस्त 26, 2017/भाद्र 4, 1939 5379 For the First Party :

For the Second Party :

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-30012/83/ 2000-IR(M) dated 05.07.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the contract between the management of ONGC Ltd., Surat and the Contractor M/s Sagar Construction in respect of the contractual workman Shri Vijay D. Patel is sham and bogus contract?"

"Whether the demand of the workman Shri Vijay D. Patel for treating/declaring him as direct and regular/permanent employee of ONGC Ltd. Or from the date of Notification issued by Government of India, prohibiting his alleged employment/work through the contract system is legal and justified? If so, to what relief Shri Vijay D. Patel is entitled and from which date and what other directions are necessary in the matter?"

1. The reference dates back to 05.07.2000. The second party submitted the statement of claim Ex. 6 along with application for interim relief Ex. 8 on 07.11.2000 and the first party submitted the written statement Ex. 10 on 10.04.2001 along with number of documents vide list Ex. 13. Since then the second party has not been leading evidence.

2. The tribunal on 15.02.2017 directed to issue fresh notice to all the parties to appear on 18.04.2017, same was issued but despite the service of the notice on 18.04.2017, someone on behalf of the second party sought time to lead evidence but to no result. Thus it appears that the second party is not willing to prosecute the case.

3. Thus the reference in the absence of the evidence of the second party, is disposed of with the observation as under: "the contract between the management of ONGC Ltd., Surat and the Contractor M/s Sagar Construction in respect of the contractual workman Shri Vijay D. Patel is not sham and bogus contract and the demand of the workman Shri Vijay D. Patel for treating/declaring him as direct and regular/permanent employee of ONGC Ltd. Or from the date of Notification issued by Government of India, prohibiting his alleged employment/work through the contract system is not legal and justified."

P. K. CHATURVEDI, Presiding Officer

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.


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Cite this issue. Weekly Gazette of India, Government of India, 26 August 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.w.2017-08-26.178911/. Archive identifier in.gazette.central.w.2017-08-26.178911.