6247 GI/2017
(8551)
jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05
REGD. No. D. L. (N) 04/0007/2003—05
izkf/dkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lkIrkfgd
WEEKLY
la- 43]
ubZ fnYyh] vDrwcj 22—vDrwcj 28] 2017] 'kfuokj@vkf'ou 30—dk£rd 6] 1939
No. 43]
NEW DELHI, OCTOBER 22—OCTOBER 28, 2017, SATURDAY/ASVINA 30—KARTIKA 6, 1939
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g i`Fkd ladyu ds :i esa j[kk tk lds
Separate Paging is given to this Part in order that it may be filed as a separate compilation
Hkkx II—[k.M 3—mi&[k.M (ii)
PART II—Section 3—Sub-section (ii)
Hkkjr ljdkj ds ea=kky;ksa (j{kk ea=kky; dks NksM+dj) }kjk tkjh fd, x, lkafof/d vkns'k vkSj vf/lwpuk,a
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
िव
िव
िव
िव मंालय
मंालय
मंालय
मंालय
(िवीय
िवीय
िवीय
िवीय सेवाएं
सेवाएं
सेवाएं
सेवाएं िवभाग
िवभाग
िवभाग
िवभाग)
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2498
2498
2498
2498.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, से04ल बक आफ इंिडया के महाबंधक
6ी बजरंग 7सह शेखावत (ज0म ितिथ 27.6.1962) को पदभार 8हण करने क तारीख से तीन वष क अविध के िलए
अथवा अगले आदेश# तक, जो भी पहले हो, से04ल बक ऑफ इंिडया म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(1)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
8552
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 9th October, 2017
S.O. 2498.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Bajrang Singh Shekhawat (DOB: 27.6.1962), General Manager, Central Bank of
India as Executive Director in Central Bank of India for a period of three years w.e.f. the date of his taking over charge
of the post or until further orders, whichever is earlier.
[F. No. 4/5/(1)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 249
249
249
2499.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1980 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1980 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, िवजया बक के महाबंधक 6ी गो7वद
एन. ड#गरे (ज0म ितिथ 26.3.1960) को पदभार 8हण करने क तारीख से दनांक 31.3.2020 तक अथात उनक
अिधव@षता क तारीख तक अथवा अगले आदेश# तक, जो भी पहले हो, पंजाब एंड 7सध बक म< कायपालक िनदेशक के पद
पर िनयु* करती है।
[फा.सं. 4/5/(2)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2499.—In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1980, the Central
Government hereby appoints Shri Govind N. Dongre (DOB: 26.3.1960), General Manager, Vijaya Bank as Executive
Director in Punjab & Sind Bank w.e.f the date of his taking over charge of the post upto 31.3.2020 i.e. the date of his
superannuation or until further orders, whichever is earlier.
[F. No. 4/5/(2)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2500
2500
2500
2500.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, इलाहाबाद बक के महाबंधक 6ी अजय
कुमार 6ीवातव (ज0म ितिथ 15.10.1967) को पदभार 8हण करने क तारीख से तीन वष क अविध के िलए अथवा
अगले आदेश# तक, जो भी पहले हो, इिडयन ओवरसीज बक म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(3)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8553
New Delhi, the 9th October, 2017
S.O. 2500.—In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Ajay Kumar Srivastava (DOB: 15.10.1967), General Manager, Allahabad Bank as
Executive Director in Indian Overseas Bank for a period of three years w.e.f. the date of his taking over charge of the
post or until further orders, whichever is earlier.
[F. No. 4/5/(3)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2501
2501
2501
2501.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, इलाहाबाद बक के महाबंधक
6ी मातम व<कट राव (ज0म ितिथ 3.7.1965) को पदभार 8हण करने क तारीख से तीन वष क अविध के िलए अथवा
अगले आदेश# तक, जो भी पहले हो, केनरा बक म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(4)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2501.—In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Matam Venkata Rao (DOB: 3.7.1965), General Manager, Allahabad Bank as
Executive Director in Canara Bank for a period of three years w.e.f. the date of his taking over charge of the post or
until further orders, whichever is earlier.
[F. No. 4/5/(4)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2502
2502
2502
2502.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1980 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1980 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, बक ऑफ इंिडया के महाबंधक
6ी कुलभूषण जैन (ज0म ितिथ 11.12.1960) को पदभार 8हण करने क तारीख से तीन वष क अविध के िलए अथवा
अगले आदेश# तक, जो भी पहले हो, आ0Cा बक म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(5)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2502.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1980, the Central
8554
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
Government hereby appoints Shri Kul Bhushan Jain (DOB: 11.12.1960), General Manager, Bank of India as Executive
Director in Andhra Bank for a period of three years w.e.f. the date of his taking over charge of the post or until further
orders, whichever is earlier.
[F. No. 4/5/(5)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2503
2503
2503
2503.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, पंजाब नैशनल बक के महाबंधक
डॉ. राजेश कुमार यदुवंशी (ज0म ितिथ 23.6.1961) को पदभार 8हण करने क तारीख से तीन वष क अविध के िलए
अथवा अगले आदेश# तक, जो भी पहले हो, देना बक म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(6)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2503.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Dr. Rajesh Kumar Yaduvanshi (DOB: 23.6.1961) , General Manager, Punjab National
Bank as Executive Director in Dena Bank for a period of three years w.e.f. the date of his taking over charge of the post
or until further orders, whichever is earlier.
[F. No. 4/5/(6)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2504
2504
2504
2504.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, बक ऑफ इंिडया के महाबंधक
6ी चैत0य गायFी 7चतापली (ज0म ितिथ 10.8.1960) को पदभार 8हण करने क तारीख से दनांक 31.8.2020 तक
अथात् उनक अिधव@षता क तारीख तक अथवा अगले आदेश# तक, जो भी पहले हो, बक ऑफ इंिडया म< कायपालक
िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(7)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2504.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Chaitanya Gayatri Chintapalli (DOB: 10.8.1960), General Manager, Bank of India as
Executive Director in Bank of India w.e.f. the date of his taking over charge of the post up to 31.8.2020 i.e. date of his
superannuation or until further orders, whichever is earlier.
[F. No. 4/5/(7)2017-BO-I]
JNANATOSH ROY, Under Secy.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8555
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2505
2505
2505
2505.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, इंिडयन बक के महाबंधक 6ी कृGणन
एस. (ज0म ितिथ 26.5.1962) को दनांक 1.11.2017 को या उसके बाद पदभार 8हण करने क तारीख से तीन वष क
अविध के िलए अथवा अगले आदेश# तक, जो भी पहले हो, 7सिडकेट बक म< कायपालक िनदेशक के पद पर िनयु* करती है।
[फा.सं. 4/5/(8)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2505.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Krishnan S. (DOB: 26.5.1962), General Manager, Indian Bank as Executive Director
in Syndicate Bank for a period of three years w.e.f. the date of his taking over charge of the post on or after 1.11.2017
or until further orders, whichever is earlier.
[F. No. 4/5/(8)2017-BO-I]
JNANATOSH ROY, Under Secy.
नई दली, 9 अ तूबर, 2017
का
का
का
का.आ. . . . 2506
2506
2506
2506.— रा ीयकृत बक (बंध एवं कण उपबंध) कम, 1970 के खंड 3 के उप-खंड (1) और खड 8
के उप-खंड (1) के साथ पठत, बककारी कंपनी (उप"म# का अजन एवं अंतरण) अिधिनयम, 1970 क धारा 9 क उपधारा
(3) के खंड (क) &ारा द' शि*य# का योग करते -ए, के01ीय सरकार, एत2ारा, इलाहाबाद बक के महाबंधक
6ी 7लगम व<कट भाकर (ज0म ितिथ 12.12.1962) को दनांक 1.3.2018 को या उसके बाद पदभार 8हण करने क
तारीख से तीन वष क अविध के िलए अथवा अगले आदेश# तक, जो भी पहले हो, पंजाब नैशनल बक म< कायपालक िनदेशक
के पद पर िनयु* करती है।
[फा.सं. 4/5/(9)2017-बीओ-I]
>ानोतोष राय, अवर सिचव
New Delhi, the 9th October, 2017
S.O. 2506.— In exercise of the powers conferred by clause (a) of sub-section (3) of section 9 of The Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 read with sub clause (1) of clause 3 and sub clause
(1) of clause 8 of The Nationalized Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central
Government hereby appoints Shri Lingam Venkata Prabhakar (DOB: 12.12.1962), General Manager, Allahabad Bank
as Executive Director in Punjab National Bank for a period of three years w.e.f. the date of his taking over charge of
the post on or after 1.3.2018 or until further orders, whichever is earlier.
[F. No. 4/5/(9)2017-BO-I]
JNANATOSH ROY, Under Secy.
8556
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
fons'k ea=kky;
(lh-ih-oh- izHkkx)
ubZ fnYyh] 3 vDrwcj] 2017
dk-vk- -2507—jktuf;d vkSj dksalqyh; vf/dkjh 'kiFk ,oa iQhl) ds vf/fu;e] 1948 dh /kjk 2 ds [akM (d) ds
vuqlj.k esa oSèkkfud vkns'k A
,rn~}kjk] dsaæ ljdkj Hkkjr ds iz/ku dksalykokl] VksjksaVk esa Jh esgj ¯lg] lgk;d vuqHkkx vf/dkjh dks fnukad 3 vDrwcj]
2017 ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A
¹la- Vh&4330@01@2016º
izdk'k pUn] funs'kd (dksalqyj)
MINISTRY OF EXTERNAL AFFAIRS
(CPV DIVISION)
New Delhi, the 3rd October, 2017
S.O. 2507.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Mehar Singh,
Assistant Section Officer as Assistant Consular Officer in the Consulate General of India, Toronto to perform the
Consular services with effect from 3rd October, 2017.
[No. T-4330/01/2016]
PRAKASH CHAND, Director (Consular)
ubZ fnYyh] 5 vDrwcj] 2017
dk-vk- 2508-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk ,oa iQhl) ds vf/fu;e] 1948 dh /kjk 2 ds [akM (d) ds
vuqlj.k esa oSèkkfud vkns'k A
,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] fj;kn esa Jh lat; dqekj ¯lg] lgk;d vuqHkkx vf/dkjh dks fnukad 5 vDrwcj]
2017 ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A
¹la- Vh&4330@01@2016º
izdk'k pUn] funs'kd (dksalqyj)
New Delhi, the 5th October, 2017
S.O. 2508.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Sanjay Kumar Singh,
Assistant Section Officer as Assistant Consular Officer in the Embassy of India, Riyadh to perform the Consular
services with effect from 5th October, 2017.
[No. T-4330/01/2016]
PRAKASH CHAND, Director (Consular)
ubZ fnYyh] 13 vDrwcj] 2017
dk-vk- 2509-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk ,oa iQhl) ds vf/fu;e] 1948 dh /kjk 2 ds [akM (d) ds
vuqlj.k esa oSèkkfud vkns'k A
,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] larh;kxks esa Jh jfoUnj lSuh] lgk;d vuqHkkx vf/dkjh dks fnukad 13 vDrwcj]
2017 ls lgk;d dksalqyj vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A
¹la- Vh&4330@01@2017º
izdk'k pUn] funs'kd (dksalqyj)
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8557
New Delhi, the 13th October, 2017
S.O. 2509.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and Fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Ravinder Saini,
Assistant Section Officer as Assistant Consular Officer in the Embassy of India, Santiago to perform the Consular
services with effect from 13th October, 2017.
[No. T-4330/01/2017]
PRAKASH CHAND, Director (Consular)
oL=k ea=kky;
ubZ fnYyh] 9 vDrwcj] 2017
dk-vk- 2510-—dsUnzh; ljdkj (la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx) jktHkk"kk fu;e] 1976 ds fu;e 10 ds
mi&fu;e (4) ds vuqlj.k esa] oL=k ea=kky; ds varxZr vkus okys fuEufyf[kr dk;kZy; dks] ftlds 80 izfr'kr ls vf/d deZpkfj;ksa
us ¯gnh dk dk;Zlk/d Kku izkIr dj fy;k gS] vfèklwfpr djrh gS %&
jk"Vªh; iWSQ'ku VSDukykWth laLFkku] fuÝV dSEil]
vkbZvkbZVh tks/iqj ds lkeus] ,u,p 65]
ukxkSj jksM] dkjokM+] tks/iqj&342037 (jktLFkku)
¹la- bZ&11016@1@2015&¯gnhº
iquhr vxzoky] la;qDr lfpo
MINISTRY OF TEXTILES
New Delhi, the 9th October, 2017
S.O. 2510.—In pursuance of sub-rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the
Union) Rules, 1976, the Central Government, hereby notifies the following offices of the Ministry of Textile, more
than 80% staff whereof have acquired working knowledge of Hindi :
National Institute of Fashion Technology, NIFT Campus,
IIT Jodhpur, N.H. 65, Nagour Road,
Karwar, Jodhpur-342037 (Rajasthan)
[No. E-11016/1/2015- Hindi]
PUNEET AGARWAL, Jt. Secy.
ubZ fnYyh] 13 vDrwcj] 2017
dk-vk- 2511-—dsUnzh; ljdkj (la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx) jktHkk"kk fu;e] 1976 ds fu;e 10 ds
mi&fu;e (4) ds vuqlj.k esa] oL=k ea=kky; ds varxZr vkus okys fuEufyf[kr dk;kZy; dks] ftlds 80 izfr'kr ls vf/d deZpkfj;ksa
us ¯gnh dk dk;Zlk/d Kku izkIr dj fy;k gS] vfèklwfpr djrh gS %&
gLrf'kYi foi.ku ,oa lsok foLrkj dsaæ]
fodkl vk;qDr (gLrf'kYi) dk dk;kZy;]
FkksDlk gkÅl] LdsVld]
ysg&194101 (tEew ,oa d'ehj)
¹la- bZ&11016@1@2015&¯gnhº
iquhr vxzoky] la;qDr lfpo
8558
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
New Delhi, the 13th October, 2017
S.O. 2511.—In pursuance of sub-rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the
Union) Rules, 1976, the Central Government, hereby notifies the following offices of the Ministry of Textile, more
than 80% staff whereof have acquired working knowledge of Hindi :
Handicrafts Marketing and Service Extension Centre,
Office of the Development Commissioner (Handicrafts),
Thoksa House, Sketsak,
Leh-194101 (Jammu & Kashmir)
[No. E-11016/1/2015- Hindi]
PUNEET AGARWAL, Jt. Secy.
उपभोा मामले, खा और सावजिनक िवतरण मंालय
उपभोा मामले, खा और सावजिनक िवतरण मंालय
उपभोा मामले, खा और सावजिनक िवतरण मंालय
उपभोा मामले, खा और सावजिनक िवतरण मंालय
(उपभोा मामले िवभाग)
(उपभोा मामले िवभाग)
(उपभोा मामले िवभाग)
(उपभोा मामले िवभाग)
(भारतीय मानक यूरो
भारतीय मानक यूरो
भारतीय मानक यूरो
भारतीय मानक यूरो)
नई दली, 17 अ तूबर, 2017
का
का
का
का.आ. . . . 2512
2512
2512
2512.—भारतीय मानक यूरो (माणन) िविनयम 1988 के िविनयम 4 के उपिनयम (5) के अनुसरण म' भारतीय
मानक यूरो एतद)ारा अिधसूिचत करता है क िजन लाइस'स0 के िववरण नीचे अनुसूची म' दए गए ह2, वे 3वीकृत कर दए गए ह2:-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
5.
सं.
लाइस'स सं
3वीकृत करने
क8 ितिथ वष;/
माह
लाइस'सधारी का नाम व पता
भारतीय मानक का शीष;
भा मा सं (भाग/
अनुभाग) : वष;
1.
6500027907
20170901
मेसस; वाटर टेक इंिडया ायवेट िलिमटड
यूिनट I
10/60-C, स'गोडागौ@डन पुदुर, सुलूर
रोड, मुतुगौ@डनपुदुर पो3ट,
कोयAबCूर– 641 406.
गम; तथा ठंड पानी के िलए
Eलाि3टक क8 िबब ट0Fटयाँ,
एंगल वाव, रोक वाव
तथा फुहारक
IS 9763 :
2000
2.
6500028008
20170904
मेसस; आर डी एन ए ला िमनरल
1/197, पू तोIम, नेFरपेFरचल, पूलुवापIी
पो3ट, ितJपुर– 641 602
पैकेज बंद पेय जल
(पैकेजबंद िमनरल जल के
अलावा)
IS 14543 :
2004
3.
6500028109
20170908
मेसस; पयोनीर ोड Kस
सं. 4 & 5, ए.के.जी. नगर,
वरदाराजापुरम, उिEपलीपालयम,
कोयAबCूर -641015
िनAमजनीय पAपसेट
IS 8034 :
2002
4.
6500028210
20170911
मेसस; एम बी एस पAEस ायवेट िलिमटेड
सं.18, महाLमा गाँधी रोड, नेताजी पुरम,
एस अई एच एस कॉलनी,
कोयAबCूर -641037
िनAमजनीय पAपसेट
IS 8034 :
2002
5.
6590001818
20170911
मेसस; Mी वसु@धरा तंगा मािलगै
5, नया माकNट सडक, पुराने बस अOे के
पास, ितJEपुर -641604
3 वण; एवं 3 वण; िमMधातुएं,
आभूषण/ िश पकारी –
शुPता एवं मुहरांकन
IS 1417 :
2016
6.
6500028311
20170915
मेसस; एQाFरयस पी वी सी पाइEस
सं.7/79(1), अरसमरा तोIम,
को@डयमपालयम, तेRAमनलूर पो3ट,
तो@डामुतूर के रा3ते,
कोयAबCूर -641109.
िवSुत ितTापन के िलए
वािहका– भाग 3– सUत
एवं सादा िवSुत अवरोधी
वािहका
IS 9537 (Part
3) : 1983
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8559
7.
6590002012
20170919
मेसस; फैन गोड डायम@ड िसवर
13/133, प@दलुर बज़ार, नेिलयालम,
प@दलुर, नीलिगरीस-643233
3 वण; एवं 3 वण; िमMधातुएं,
आभूषण/ िश पकारी –
शुPता एवं मुहरांकन
IS 1417 :
2016
8.
6590001919
20170919
मेसस; वासवी तंगा मािलगै
228, मैसूर Xंक सडक, सLयामंगलम,
ईरोड - 638402
3 वण; एवं 3 वण; िमMधातुएं,
आभूषण/ िश पकारी –
शुPता एवं मुहरांकन
IS 1417 :
2016
9.
6500028412
20170919
मेसस; सेज़र इल Xोिन स िलिमटड,
यूिनट IV
एस एफ सं.863, बेIतापुरम, कारामडै
पो3ट, कोयAबCूर -641104.
पी वी सी संवािहत (हैवी
Yूटी) िबजली के केबल:
भाग 1 - 1100 V तक के
काय;कारी वोटता के िलए
IS 1554 (Part
1): 1988
10.
6590002113
20170920
मेसस; िव3पाक; Zवेलरी मेनुफै च[स;
ायवेट िलिमटड
11, मेटूपालयम सडक, जी. एन. िमस
पो3ट, कोयAबCूर -641029
चाँदी एवं चाँदी
िमMधातुएं, आभूषण/
िशल् पकारी – शुPता एवं
मुहरांकन
IS 2112 :
2014
11.
6500028505
20170920
मेसस; एQासब इंजीिनय]रग (यूिनट II)
एस एफ 307 & 308, कुJडमपालयम
िवला,
एन एस एन पालयम पो3ट,
वेतालैकैपालयम,
कोयAबCूर-641031
कृिष अनुयोग के अपक'^ी
पAप0 के िलए तीन फेज़ीय
ि3Qरल केज ेरण मोटर'
IS 7538 :
1996
12.
6590002214
20170925
मेसस; एम एम एस Zवेलस;
पुराना सं. 571, नया सं. 26, अ_ाहारम
सडक,
ईरोड -638001
3 वण; एवं 3 वण; िमMधातुएं,
आभूषण/ िश पकारी –
शुPता एवं मुहरांकन
IS 1417 :
2016
13.
6590002315
20170925
मेसस; शि` गोड
30, अ_ाहारा सडक,
ईरोड -638001
3 वण; एवं 3 वण; िमMधातुएं,
आभूषण/ िश पकारी –
शुPता एवं मुहरांकन
IS 1417 :
2016
[सं. सीएमडी/13 : 11]
टी. कलैवाणन, वैaािनक ‘एफ’ एवं मुख
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)
(BUREAU OF INDIAN STANDARDS)
New Delhi, the 17th October, 2017
S.O. 2512.—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.
6500027907
20170901
M/s. Watertec India Pvt Ltd Unit I
10/60-C, Sengodagounden Pudur,
Sulur Road, Muthugoundenpudur (P.O.),
Coimbatore – 641 406.
Plastics Bib Taps, Pillar Taps,
Angle Valves and Stop Valves
for Hot and Cold Water
Services
IS 9763 : 2000
8560
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
2.
6500028008
20170904
M/s. RDN Aqua Mineral
1/197, Poo Thottam, Neriperichal,
Pooluvapatti Post,
Tirupur – 641 602
Packaged Drinking Water
(Other Than Packaged
Natural Mineral Water)
IS 14543 : 2004
3.
6500028109
20170908
M/s. Pioneer Products
No. 4&5, A.K.G. Nagar,
Varadharajapuram, Uppilipalayam,
Coimbatore -641015
Submersible Pumpsets
IS 8034 : 2002
4.
6500028210
20170911
M/s. MBS Pumps Private Limited
No.18, Mahatma Gandhi Road,
Nethajipuram, SIHS Colony,
Coimbatore -641037
Submersible Pumpsets
IS 8034 : 2002
5.
6590001818
20170911
M/s. Shree Vasundra Thanga Maaligai
5, New Market Street,
Near Old Bus Stand,
Tirupur -641604
Gold and Gold Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 1417 : 2016
6.
6500028311
20170915
M/s. Aquarius PVC Pipes
No.7/79(1), Arasamara Thottam,
Kondayampalayam,
Thennammanallur(P.O.),
Thondamuthur (Via),
Coimbatore-641109.
Conduits for Electrical
Installations: Part 3 - Rigid
Plain Conduits of Insulating
Materials
IS 9537 (Part 3)
: 1983
7.
6590002012
20170919
M/s. Fine Gold Diamond Silver
13/133, Pandalur Bazzar,
Nelliyalam, Pandalur,
Nilgiris-643233
Gold and Gold Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 1417 : 2016
8.
6590001919
20170919
M/s. Vasavi Thanga Maligai
228, Mysore Trunk Road,
Sathyamangalam,
Erode-638402
Gold and Gold Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 1417 : 2016
9.
6500028412
20170919
M/s. Salzer Electonics Limited,Unit IV
SF No.863, Bettathapuram,
Karamadai Post,
Coimbatore-641104.
PVC insulated (heavy duty)
electric cables: Part 1 - For
working voltages upto and
including 1100 V
IS 1554 (Part 1):
1988
10.
6590002113
20170920
M/s. Vispark Jewellery Manufacturers
Pvt. Ltd.
11, Mettupalayam Road,
G N Mills Post,
Coimbatore -641029
Silver and Silver Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 2112 : 2014
11.
6500028505
20170920
M/s. Aquasub Engineering (Unit II)
SF 307 & 308, Kurudampalayam Villa,
NSN Palayam Post, Vethalaikaipalayam,
Coimbatore -641031
Three Phase Squirrel Cage
Induction Motors for
Centrifugal Pumps for
Agricultural Applications
IS 7538 : 1996
12.
6590002214
20170925
M/s. M.M.S. Jewellers
Old No. 571, New No. 26, Agraharam
Street,
Erode -638001
Gold and Gold Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 1417 : 2016
13.
6590002315
20170925
M/s. Sakthi Gold
30, Agrahara Street,
Erode -638001
Gold and Gold Alloys,
Jewellery/ Aertefacts-
Fineness and Marking
IS 1417 : 2016
[No. CMD/13:11]
T. KALAIVANAN, Scientist ‘F’ & Head
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8561
नई दली, 17 अ तूबर, 2017
का
का
का
का.आ. 2513
2513
2513
2513.—भारतीय मानक यूरो (माणन) िविनयम, 1988 के िविनयम (5) के उपिविनयम (6) के अनुसरण म' भारतीय
मानक यूरो एतcारा अिधसूिचत करता है क िनA न िववरण वाले लाइस'स0 को उनके आगे दशा;यी गई तारीख से रद्द /3 थिगत कर दया
गया है :-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
5.
सं.
लाइस'स सं
सी एम/
एल-
लाइस'सधारी का नाम व पता
3थिगत कए गए/ रe कए गए लाइस'स के
अंतग;त व3तु/ 5म सAबP भारतीय मानक का
शीष;क
रe होने क8
ितिथ
िसतA बर 2017 - शू@य
[सं. सीएमडी/13:13]
टी. कलैवाणन, वैaािनक ‘एफ’ एवं मुख
New Delhi, the 17th October, 2017
S.O. 2513.—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 licences 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
SEPTEMBER 2017 - NIL
[No. CMD/13:13]
T. KALAIVANAN, Scientist ‘F’ & Head
isisisisVªksfy;e ,oa izkÑfrd xSl ea=ky;
Vªksfy;e ,oa izkÑfrd xSl ea=ky;
Vªksfy;e ,oa izkÑfrd xSl ea=ky;
Vªksfy;e ,oa izkÑfrd xSl ea=ky;
ubZ fnYyh] 28 flrEcj] 2017
dkdkdkdk-vkvkvkvk- 2514
2514
2514
2514.— क' ^ीय सरकार को लोकिहत म' यह आवfयक तीत होता है क पंजाब राZय म' गाँव : झुिगयां, िजला : शहीद
भगत iसह नगर से िहमाचल देश के गाँव : पेखुबेला, िजला : उना तक पेXोिलयम उLपाद0 के पFरवहन के िलए इंिडयन ऑइल
कापkरेशन िलिमटेड )ारा पीएजेपीएल-उना lांच पाइपलाइन िबछाई जानी चािहए।
और, क'^ीय सरकार को यह तीत होता है क ऐसी पाइपलाइन िबछाने के योजन के िलए ऐसी भूिम िजसके भीतर
पाइपलाइन िबछाई जाने का 3ताव है और जो इस अिधसूचना से उपाबP अनुसूची म' वqणत है, के उपयोग के अिधकार का अज;न करना
आवfयक है।
अत: अब क' ^ीय सरकार, पेXोिलयम और खिनज पाइपलाइन (भूिम म' उपयोग के अिधकार का अज;न) अिधिनयम 1962
(1962 का 50) क8 धारा ३ क8 उपधारा (1) )ारा दC शि`य0 का योग करते rए उस भूिम म' उपयोग के अिधकार का अज;न करने के
अपने आशय क8 घोषणा करती है।
8562
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
कोई tि`, जो उ` अनुसूची म' वqणत भूिम से िहतबP है, उ` अिधिनयम, क8 धारा 3 क8 उपधारा (1) के अधीन जारी क8
गयी अिधसूचना से यु` भारत के राजपu क8 ितयां साधारण जनता को उपलध करा दए जाने क8 तारीख से इv8स दन0 के भीतर,
उसम' उपयोग के अिधकार का अज;न या भूिम के नीचे पाइपलाइन िबछाए जाने के संबंध म' आwेप, िलिखत xप म' Mी. देवराज शमा;,
सwम ािधकारी, इंिडयन ऑइल कापkरेशन िलिमटेड (पाइपलाइन भाग), पीएजेपीएल- उना lांच पाइपलाइन पFरयोजना, 346,
कमला कुंज, डी. सी. कॉलोनी, उना (िहमाचल देश) -174 303 को कर सकेगा।
vuqlwph
uqlwph
uqlwph
uqlwph
ftyk %
ftyk %
ftyk %
ftyk % muk
jkT; %
jkT; %
jkT; %
jkT; % fgekpy izns’k
. सं.
तहसील का
नाम
गाँव का नाम
हदब त नं
मुरबा//कला
तथा खसरा सं.
ेफल
हेटेयर
एयर
वग मीटर
1
2
3
4
5
6
7
8
1
हरोली
बाथड़ी
476
1523
00
15
30
2
हरोली
केलूवा
3302/2
00
05
35
2955
00
02
70
2643/1
00
00
20
2643/2
00
00
20
2953/1
00
04
61
2953/2
00
04
61
3
हरोली
बट कलां
473
679//5/3/2
00
03
08
4
ऊना
नंगड़ा िझकला
222
2270/523
00
00
35
[फा. सं. आर&25011@20@2017&ओआर&I]
पवन कुमार] अवर सिचव
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 28th September, 2017
S.O. 2514.— 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) -174 303.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8563
SCHEDULE
District : Una
State : Himachal Pradesh
Sr.
No.
Name of
Tehsil
Name of Village
Hadbast
No.
Murabba// Killa
&
Khasara No.
Area
Hectare
Area
Sq/Mtr
1
2
3
4
5
6
7
8
1
Haroli
Bathari
476
1523
00
15
30
2
Haroli
Keluwa
3302/2
00
05
35
2955
2643/1
2643/2
2953/1
2953/2
00
00
00
00
00
02
00
00
04
04
70
20
20
61
61
3
Haroli
Bat Kalan
473
679// 5/3/2
00
03
08
4
Una
Nangran Jhikla
222
2270/523
00
00
35
[F. No. R-25011/20/2017-OR-I]
PAWAN KUMAR, Under Secy.
ubZ fnYyh] 11 vDrwcj] 2017
dk-vk- 2515-&dsUnzh; ljdkj dks yksdfgr esa ;g vko“;d izrhr gksrk gS fd rfeyukMw jkT; ds lsye dks dsjy
jkT; esa Hkkjr iSVªksfy;e dkWiksZjs'ku fyfeVsM+ dh dksfPp fjQkbujh ls rjyhd`r isVªksfy;e xSl ds ifjogu ds fy,] ,d
ikbiykbZu dksfPp lsye ikbiykbZu çkbosV fyfeVsM+ }kjk fcNkbZ tkuh pkfg,;
vkSj dsUnzh; ljdkj dks ,slh ikbiykbZu fcNkus ds iz;kstu ds fy, ;g vko’;d izrhr gksrk gS fd ,slh Hkwfe esa]
tks blls mikc) vuqlwph esa of.kZr gS] ftlesa mDr ikbiykbu fcNk, tkus dk izLrko gS] mi;ksx ds vf/kdkj dk vtZu
fd;k tk, ;
vr% vc] dsUnzh; ljdkj] IksVªksfy;e vkSj [kfut ikbiykbu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½] dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznÙk “fDr;ksa dk iz;ksx djrs gq,] ml Hkwfe esa mi;ksx ds vf/kdkj
dk vtZu djus ds vius vk“; dh ?kks"k.kk djrh gS;
dksbZ O;fDr] tks mDr vuqlwph esa of.kZr Hkwfe esa fgrc) gS] ml rkjh[k ls ftldks bl vf/klwpuk ls ;qDr Hkkjr ds
jkti= dh izfr;k¡ lk/kkj.k turk dks miyC/k djk nh tkrh gS] bDdhl fnu ds Hkhrj Hkwfe ds uhps ikbiykbu fcNk, tkus
ds fy;s mleas mi;ksx ds vf/kdkj ds vtZu ds lEcU/k esa Jh c'khjdqatw ,] l{ke çkf/kdkjh] dksfPp lsye ikbiykbu çkbosV
fyfeVsM] d#.k ,aDyso] f}rh; ry] Mksj u- ch&2] ,l ,u taD'ku] fjQkbZujh jksM] ;wfu;u cSad v‚Q bafM;k ds lkeus]
f=iqfuFkqjk] ftyk ,sjukdqye] dsjy & 682309 dks fyf[kr :Ik esa vk{ksi Hkst ldsxkA
8564
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
vuqlwph
vuqlwph
vuqlwph
vuqlwph
jkT; : dsjy
ftyk : ,sjukdqye
rkyqd : vkyqok
uke xzke
losZ uEcj
{ks=Qy
gsDVs;j
,fj;k
Áfr oxZehVj
ewDdUuwj ¼[k.M la0 15½
21@5
0
03
00
252@5
0
03
01
djqdqfV ¼[k.M la0 2½
358@4
0
00
63
360@8
0
01
43
366@11
0
02
91
djqdqfV ¼[k.M la0 3½
59@3
0
00
51
rsDdqEckxe ¼[k.M la0 30½
149@3
0
00
23
151@8
0
03
10
155@1
0
10
90
155@4
0
02
40
155@5
0
09
31
156@3
0
04
70
156@4
0
04
21
156@5
0
05
17
156@9
0
00
80
157@2
0
00
38
157@3
0
00
30
157@8
0
02
62
194@1
0
02
14
194@2
0
01
52
194@16
0
01
82
194@17
0
04
65
195@2
0
06
54
195@6
0
02
10
195@8
0
03
27
195@9
0
07
69
195@10
0
04
21
195@13
0
00
46
205@4
0
01
12
205@5
0
00
16
205@12
0
01
96
205@15
0
01
21
206@7
0
03
08
207@2
0
08
84
215@1
0
01
64
215@2
0
01
27
215@3
0
01
06
215@4
0
00
82
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8565
215@5
0
00
19
226@11
0
00
18
226@12
0
00
19
228@1
0
00
18
229@3
0
00
69
229@4
0
00
86
229@10
0
00
68
230@3
0
01
47
jkT; % dsjy
ftyk % f=“kwj
rkyqd % pkyDdqVh
uke xzke
losZ uEcj
{ks=Qy
gsDVs;j
,fj;k
Áfr oxZehVj
fd"kDdeqjh
841@4
0
00
35
841@5
0
00
45
859@9
0
04
72
859@10
0
00
35
859@13
0
02
55
862@2
0
00
46
dYywj oMkdqeqjh
1192
0
00
48
dYywj Fksdqeqjh
310@1
0
00
07
312@1
0
00
09
459@2
0
00
10
506@6
0
04
02
506@8
0
03
10
jkT; : dsjy
ftyk : f='kwj
rkyqd : eqdqaniqje
uke xzke
losZ uEcj
{ks=Qy
gsDVs;j
,fj;k
Áfr oxZehVj
usUefuDdjk
445
0
02
70
446
0
02
70
449
0
04
50
450
0
14
40
464
0
07
20
[फा. सं. आर&31015@02@2015&ओआर&II/37114]
पवन कुमार] अवर सिचव
8566
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
New Delhi, the 11th October, 2017
S.O. 2515.— Whereas it appears to the Central Government that it is necessary in the public interest that for
the transport of Liquefied Petroleum Gas from Kochi Refinery of Bharat Petroleum Corporation Limited in the State of
Kerala to Salem in the State of Tamil Nadu and that the pipeline should be laid by M/s Kochi – Salem pipeline Private
Ltd;
And whereas , it appears to the Central Government that for the purpose of laying such pipelines, it is
necessary to acquire the right of user in the lands under which such pipelines are proposed to be laid described in the
schedule annexed to this notification;
Now therefore in the exercise of powers conferred by sub section (1) of Section 3 of the Petroleum and
Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (Central Act 50 of 1962) the Central Government
hereby declares its intention to acquire the right of user therein.
Any person, interested in land described in the said schedule may, within 21 days from the date on which the
copies of this notification, 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 or laying or the pipeline under the land to Sri. Basheerkunju. A,
Competent Authority, Kochi-Salem Pipeline Private Ltd., Karun Enclave 2nd floor, Door No. B2, S.N. Junction,
Refinery Road, Opp: Union Bank of India, Tripunithura, Pin – 682 301.
SCHEDULE
STATE : KERALA
DISTRICT : ERNAKULAM
TALUK : ALUVA
VILLAGE
SURVEY NUMBERS
AREA (APPROXIMATE)
HECTARES
ARES
SQ MTRS
MOOKKANNOOR
21/5
0
03
00
(BLOCK. NO. 15)
252/5
0
03
01
KARUKUTTY
358/4
0
00
63
BLOCK. NO.2
360/8
0
01
43
366/11
0
02
91
KARUKUTTY
59/3
0
00
51
BLOCK. NO. 3
THEKKUMBHAGAM
149/3
0
00
23
BLOCK. NO. 30
151/8
0
03
10
155/1
0
10
90
155/4
0
02
40
155/5
0
09
31
156/3
0
04
70
156/4
0
04
21
156/5
0
05
17
156/9
0
00
80
157/2
0
00
38
157/3
0
00
30
157/8
0
02
62
194/1
0
02
14
194/2
0
01
52
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8567
194/16
0
01
82
194/17
0
04
65
195/2
0
06
54
195/6
0
02
10
195/8
0
03
27
195/9
0
07
69
195/10
0
04
21
195/13
0
00
46
205/4
0
01
12
205/5
0
00
16
205/12
0
01
96
205/15
0
01
21
206/7
0
03
08
207/2
0
08
84
215/1
0
01
64
215/2
0
01
27
215/3
0
01
06
215/4
0
00
82
215/5
0
00
19
226/11
0
00
18
226/12
0
00
19
228/1
0
00
18
229/3
0
00
69
229/4
0
00
86
229/10
0
00
68
230/3
0
01
47
STATE : KERALA DISTRICT : TRISSUR
TALUK : CHALAKKUDI
VILLAGE
SURVEY NUMBERS
AREA (APPROXIMATE)
HECTARES
ARES
SQ MTRS
KIZHAKKUMMURI
841/4
0
00
35
841/5
0
00
45
859/9
0
04
72
859/10
0
00
35
859/13
0
02
55
862/2
0
00
46
KALLUR
1192
0
00
48
VADAKKUMMURI
8568
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
KALLUR
310/1
0
00
07
THEKKUMMURI
312/1
0
00
09
459/2
0
00
10
506/6
0
04
02
506/8
0
03
10
STATE : KERALA DISTRICT : TRISSUR
TALUK : MUKUNDAPURAM
VILLAGE
SURVEY NUMBERS
AREA (APPROXIMATE)
HECTARES
ARES
SQ MTRS
NENMANIKKARA
445
0
02
70
446
0
02
70
449
0
04
50
450
0
14
40
464
0
07
20
[F. No. R-31015/02/2015-OR-II/37114]
PAWAN KUMAR, Under Secy.
ubZ fnYyh] 26 vDrwcj] 2017
dkdkdkdk-vkvkvkvk- 2516
2516
2516
2516.— dsUnzh; ljdkj dks yksdfgr esa ;g vko';d izrhr gksrk gS fd mM+hlk jkT; esa ikjknhi ¼mM+hlk½
ls nqxkZiqj ¼if'pe caxky½ rd ok;k gfYn;k ,yihth ifjogu ds fy, bafM;u vkW;y dkWiksZjs'ku fyfeVsM ds }kjk ,d
ikbiykbu fcNkbZ tkuh pkfg,(
vkSj dsUnzh; ljdkj dks ,slh ikbiykbu fcNkus ds iz;kstu ds fy, ;g vko';d izrhr gksrk gS fd ,slh Hkwfe esa
tks bl ls mikc) vuqlwph esa of.kZr gS vkSj ftlesa mDr ikbiykbu fcNk, tkus dk izLrko gS] mi;ksx ds vf/kdkj dk
vtZu fd;k tk, (
vr% vc] dsUnzh; ljdkj] isVªksfy;e vkSj [kfut ikbiykbUl ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] ml Hkwfe esa mi;ksx ds vf/kdkj
dk vtZu djus ds vius vk'k; dh ?kks"k.kk djrh gS(
dksbZ O;fDr] tks mDr vuqlwph esa of.kZr Hkwfe esa fgrc) gS] ml rkjh[k ls ftldks bl vf/klwpuk ls ;qDr Hkkjr ds
jkti= dh izfr;kWa lk/kkj.k turk dks miyC/k djk nh tkrh gS] bDdhl fnu ds Hkhrj Hkwfe ds uhps ikbiykbu fcNk, tkus
ds fy, mlesa mi;ksx ds vf/kdkj ds vtZu ds lEcU/k esa Jh fc'kuq eksgu Hkaktk] l{ke izkf/kdkjh] bafM;u vkW;y dkWiksZjs'ku
fyfeVsM] bafM;u vkW;y gkmflax dkEiysDl] ckyklksj - 756 001] ¼mM+hlk½ dks fyf[kr :Ik esa vk{ksi Hkst ldsxkA
vuqlwph
vuqlwph
vuqlwph
vuqlwph
[फा. सं. आर&25011@52@2017&ओआर&I]
पवन कुमार] अवर सिचव
rglhy % ckyklksj ftyk % ckyklksj jkT; % mM+hlk
Øe
la-
ekStk dk uke
[kljk la-
{ks=Qy
gsDVs;j
,;j
oxZ ehVj
1
2
3
4
5
6
1
ckaxjk
803
00
05
05
2
dksjdksjk
373
00
08
10
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8569
New Delhi, the 26th October, 2017
S.O. 2516.— Whereas, it appears to the Central Government that it is necessary in the public interest that for
the transportation of Liquefied Petroleum Gas from Paradip (Odisha) to Durgapur (West Bengal) Via Haldia a pipeline
should be laid in State of Odisha by Indian Oil Corporation Limited.
And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary
to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the
Schedule annexed hereto;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and
Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby
declares its intention to acquire the right of user therein;
Any person interested in the land described in the said schedule may, within twenty one days from the date on
which copies of the Gazette of India containing this notification are made available to the general public, object in
writing to the acquisition of the right of user therein for laying of the pipeline under the land to Shri Bishnu Mohan
Bhanja, Competent Authority, Indian Oil Corporation Limited, Indian Oil Housing Complex, Balasore – 756 001,
Odisha.
SCHEDULE
[F. No. R-25011/52/2017-OR-I]
PAWAN KUMAR, Under Secy.
ubZ fnYyh] 26 vDrwcj] 2017
dkdkdkdk-vkvkvkvk- 2517
2517
2517
2517.— dsUnzh; ljdkj dks yksdfgr esa ;g vko';d izrhr gksrk gS fd mM+hlk jkT; esa ikjknhi ¼mM+hlk½
ls nqxkZiqj ¼if'pe caxky½ rd ok;k gfYn;k ,yihth ifjogu ds fy, bafM;u vkW;y dkWiksZjs'ku fyfeVsM ds }kjk ,d
ikbiykbu fcNkbZ tkuh pkfg,(
vkSj dsUnzh; ljdkj dks ,slh ikbiykbu fcNkus ds iz;kstu ds fy, ;g vko';d izrhr gksrk gS fd ,slh Hkwfe esa
tks bl ls mikc) vuqlwph esa of.kZr gS vkSj ftlesa mDr ikbiykbu fcNk,s tkus dk izLrko gS] mi;ksx ds vf/kdkj dk
vtZu fd;k tk, (
vr% vc] dsUnzh; ljdkj] isVªksfy;e vkSj [kfut ikbiykbUl ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] ml Hkwfe esa mi;ksx ds vf/kdkj
dk vtZu djus ds vius vk'k; dh ?kks"k.kk djrh gS(
dksbZ O;fDr] tks mDr vuqlwph esa of.kZr Hkwfe esa fgrc) gS] ml rkjh[k ls ftldks bl vf/klwpuk ls ;qDr Hkkjr ds
jkti= dh izfr;kWa lk/kkj.k turk dks miyC/k djk nh tkrh gS] bDdhl fnu ds Hkhrj Hkwfe ds uhps ikbiykbu fcNk, tkus
ds fy, mlesa mi;ksx ds vf/kdkj ds vtZu ds lEcU/k esa Jh fc'kuq eksgu Hkaktk] l{ke izkf/kdkjh] bafM;u vkW;y dkWiksZjs'ku
fyfeVsM] bafM;u vkW;y gkmflax dkEiysDl] ckyklksj & 756 001] ¼mM+hlk½ dks fyf[kr :Ik esa vk{ksi Hkst ldsxkA
Tahasil :Balasore District : Balasore State : Odisha
Sl. No.
Name of the Mouza
Khasra No.
Area
Hectare
Are
Square
meter
1
2
3
4
5
6
1
Bangara-199
803
00
05
05
2
Korkora-198
373
00
08
10
8570
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
vuqlwph
vuqlwph
vuqlwph
vuqlwph
[फा. सं. आर&25011@52@2017&ओआर&I]
पवन कुमार] अवर सिचव
New Delhi, the 26th October, 2017
S.O. 2517.— Whereas, it appears to the Central Government that it is necessary in the public interest that for
the transportation of Liquefied Petroleum Gas from Paradip (Odisha) to Durgapur (West Bengal) Via Haldia a pipeline
should be laid in State of Odisha by Indian Oil Corporation Limited.
And whereas, it appears to the Central Government that for the purpose of laying such pipeline, it is necessary
to acquire the right of user in land under which the said pipeline is proposed to be laid and which is described in the
Schedule annexed hereto;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and
Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby
declares its intention to acquire the right of user therein;
Any person interested in the land described in the said schedule may, within twenty one days from the date on
which copies of the Gazette of India containing this notification are made available to the general public, object in
writing to the acquisition of the right of user therein for laying of the pipeline under the land to Shri Bishnu Mohan
Bhanja, Competent Authority, Indian Oil Corporation Limited, Indian Oil Housing Complex, Balasore – 756 001,
Odisha.
SCHEDULE
[F. No. R-25011/52/2017-OR-I]
PAWAN KUMAR, Under Secy.
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8571
Je ,oa jkstxkj ea=kky;
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2518-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Vhe yhMj]
eSllZ xk;=kh izkstsDV] >kalh ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V
vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la[;k 05@2010) dks çdkf'kr
djrh gS] tks dsUnzh; ljdkj dks 10-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42012@88@2009&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 23rd October, 2017
S.O. 2518.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 05/2010) of the Central Government Industrial Tribunal-cum-
Labour Court, Kanpur as shown in the Annexure, in the industrial dispute between the employers in relation to the
Team Leader, M/s. Gayatri Projects, Jhansi and their workman, which were received by the Central Government on
10.10.2017.
[No. L-42012/88/2009-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE SRI SHUBHENDRA KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT/LOK ADALAT, KANPUR
Industrial Dispute No. 5 of 2010
Between-
Shri Deepak Omhare,
RO: H.No. 948/32-A, Nagar Nigam,
Jhansi.
Vs.
The Team Leader,
M/s Gayatri Projects, DH 1/13, Virangana
Nagar, JDA Colony,
Jhansi.
AWARD
1.
Central Government, Mol, vide notification no.L-42012/88/2009-IR (DU) dated 08-01-2010, has referred the
following dispute for adjudication to this tribunal.
2.
Whether the action of the management of M/s. Gayatri Projects Limited, Jhansi in terminating the service of
Shri Deepak Omhare S/o Shri Ram Prasad w.e.f 14/02/2009 is legal & justified? If not, what relief the workman is
entitled to?
3.
In the instant case a reference was referred to Central Government Industrial-Tribunal-cum Labour Court,
Kanpur, whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filing his claim in the
case.
4.
Worker Deepak Omhare has filled his claim statement contending that he was appointed as assistant office
executive with effect from 07-09-2007 with opposite parties on permanent basis and his services were illegally
terminated by management with effect from 14-02-2009.
5.
Management has filed w/s denying the facts alleged by worker in his claim statement and thereafter worker has
filed rejoinder.
8572
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
6.
None of parties has given any oral and documentary evidence and evidence of worker were closed. Worker has
moved application for recalling the order by which his evidence was closed but none appeared on behalf of worker to
press this application and therefore the application of worker was rejected.
7.
None of parties appeared to submit their arguments.
8.
I have perused the records of this case. It is duty of worker to prove his case regarding his appointment and
termination by oral and documentary evidence but worker has not given any oral and documentary evidence. As such it
is case of no evidence and worker has failed to prove this case and therefore this tribunal is bound to pass award against
worker.
9.
The award is passed against the worker and in favour of management and worker is not entitled for any relief.
SHUBHENDRA KUMAR, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2519-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj egklfpo]
vkbZ,uVh;wlh] dkuiqj ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd
fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la[;k 11@2011) dks çdkf'kr djrh gS] tks
dsUnzh; ljdkj dks 10-10-2017 dks çkIr gqvk FkkA
¹la- ,y&14011@9@2010&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2519.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 11/2011) of the Central Government Industrial Tribunal-cum-
Labour Court, Kanpur as shown in the Annexure, in the industrial dispute between the employers in relation to the
General Secretary, INTUC, Kanpur and their workman, which was received by the Central Government on 10.10.2017.
[No. L-14011/9/2010-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE SRI SHUBHENDRA KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT/LOK ADALAT, KANPUR
Industrial Dispute No. 11 of 2011
Between-
The General Manager,
Small Arms Factory,
Kalpi road,
Kanpur (U.P.)
Vs.
The General Secretary, INTUC,
FT/191, Armapur Estate,
Kanpur (U.P.)
AWARD
1.
Central Government, Mol, vide notification no.L-14011/9/2010-IR (DU) dated 22-03-2011, has referred the
following dispute for adjudication to this tribunal.
2.
“Whether the action of the management of General Manager, Small Arms Factory, Kanpur in fixation of pay in
respect of Shri Anand Prakash Garg, T No. 2/B(001716) & Shri Yogendra Kumar Trivedi, T No. 81/RCS(001715) less
than the junior employees is just and proper? What relief the workmen concerned are entitled to?”
3.
In the instant case a reference was referred to Central Government Industrial-Tribunal-cum Labour Court,
Kanpur, whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filing his claim in the
case.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8573
4.
General Secretary INTUC has filed claim statement stating that Shri Anand Prakash Garg and Shri U.N Trivedi
are workman and working with opposite party small arm factory. This industrial dispute arose regarding wrong fixation
of pay as junior was getting higher pay than the workman.
5.
Management has filed written statement denying the facts alleged in claim statements. Thereafter Union has
filled rejoinder.
6.
Both the parties has filed photocopy of documents.
7.
Neither worker nor management has adduced any evidence in this case.
8.
None of the parties has appeared to submit arguments. I have perused the record.
9.
It appears on perusal of record that both parties have filed documents which are photocopies and none of the
party has adduced any oral evidence to prove the facts and documents filed by them.
10.
It is duty of union to prove that workers are getting less pay than their juniors as pleaded in claim statement but
union failed to prove its case as union did not adduce any oral evidence nor has proved any documents filed by union.
Therefore this tribunal is bound to decide the dispute against union for want of proof.
11.
Therefore for the reason given above this dispute is decided against union and in favour of management as such
worker is not entitled to any relief as claimed by union.
12.
The award is passed accordingly.
SHUBHENDRA KUMAR, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2520-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj funs'kd]
Hkkjrh; izkS|ksfxdh laLFkku] dkuiqj vkSj vU; ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa
fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] dkuiqj ds iapkV (lanHkZ la[;k 66@2014) dks
çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42012@19@2014&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2520.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 66/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Kanpur as shown in the Annexure, in the industrial dispute between the employers in relation to the
Director, Indian Institute of Technology, Kanpur and others and their workman, which was received by the Central
Government on 10.10.2017.
[No. L-42012/19/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE SRI SHUBHENDRA KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT/LOK ADALAT, KANPUR
Industrial Dispute No. 66 of 2014
Between-
Shri Mahavir Shukla,
106/37 Heeraganj,
Kanpur (U.P.)
Vs.
The Director,
Indian Institute of Technology,
8574
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
Kalyanpur,
Kanpur (U.P.)
AND
M/s Asha Caterers,
No. 14 & 15, Building No. 204,
Narshinthan Street,
Mumbai -400009
AND
M/s Kanka Food Management Service Pvt. Ltd.
105, Jai Shankar, CHS, Bhakti Mandir Marg,
Near Hari Niwas Circle, Naupada,
Thane(W)
Thane -400602
AWARD
1.
Central Government, Mol, vide notification no.L-42012/19/2014-IR (DU) dated 28-05-2014, has referred the
following dispute for adjudication to this tribunal.
2.
“Whether the action of the management of M/s Asha Cateres, Mumbai a contractor engaged in running of the
mess in IIT Kanpur in terminating the services of Shri Mahavir Prasad Shukla without complying the mandatory
provisions of ID Act, 1947 sec 25(G)(F) is just and proper and if not what relief the concerned workman is entitled to?”
3.
In the instant case a reference was referred to Central Government Industrial Tribunal cum Labour Court,
Kanpur, whereupon notice to the claimant was issued under registered post by CGIT Kanpur for filing his claim in the
case.
4.
Worker Mahavir Shukla has filed his claim statement with the allegation that his service is wrongly and illegally
terminated against which management has filed written statement wherein it is alleged that reference is void and bad in
law because it is not an industrial dispute and denied the facts alleged in claim statement.
5.
None of the parties has filed any oral and documentary evidence authorized representative of workman has
moved an application 13/1 alleging that workmen concerned is not interested in contesting the case and will not filed
any rejoinder or lead any evidence.
6.
I have heard parties representative and perused the record.
7.
It appears that workman is not interested in contesting this case and has not filed any oral and documentary
evidence. Even he has not filed his evidence. Therefore facts alleged in claim statement are hence not proved for want
of evidence and therefore this tribunal is bound to pass award against workman and in favour of management.
8.
The award is passed accordingly.
SHUBHENDRA KUMAR, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2521-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mi&la;qDr
egkizca/d] ,p,eVh e'khu VwYl fyfeVsM] cSaxyksj vkSj muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]
vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV (lanHkZ la[;k
02@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42012@110@2012&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2521.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 02/2012) of the Central Government Industrial Tribunal-cum-
Labour Court, Bangalore as shown in the Annexure, in the industrial dispute between the employers in relation to the
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8575
Joint General Manager, HMT Machine Tools Ltd., Bangalore and their workman, which was received by the Central
Government on 03.10.2017.
[No. L-42012/110/2012-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 15th September, 2017
PRESENT : Shri V. S. RAVI, Presiding Officer
COMMON AWARD
(i) I.D. No. 02/2012
I Party/Applicant
II Party/Respondent
Sh. P Shankara,
The Joint General Manager,
S/o Late Puttappa,
HMT Machine Tools Limited,
No. 65, I Floor,
Bangalore Complex,
Sadar Patrappa Road,
HMT Post,
Bangalore – 560002
Bangalore – 560013
Advocates for I Party: Mr. Vishwanatha Bhat
& Ms. P. Jayalakshmi
(ii) C.R. No. 52/2012
I Party/Applicant
II Party/Respondent
Sh. P Shankara,
The Joint General Manager,
S/o Late Puttappa,
HMT Machine Tools Limited,
No. 65, I Floor,
Bangalore Complex,
Sadar Patrappa Road,
HMT Post,
Bangalore – 560002
Bangalore – 560013
Advocates for I Party: Ms. P. Jayalakshmi
The Central Government vide Order No.L-42012/110/2012-IR(DU) dated 06.12.2012 in exercise of the powers
conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Dispute act, 1947 has
made this reference for adjudication with following Schedule :
SCHEDULE
“Whether the action of the management of HMT, Bangalore Complex, Bangalore – 13, represented by
Joint General Manager, is justified in imposing the punishment of ‘Dismissal from service’ w.e.f
24.08.2011 upon Shri. P. Shankar? If not, to what relief the said workman is entitled?”
1.
Brief details mentioned in the Claim Statement are as follows:-
The I Party states that, he has been working in the II Party management for the last 27 years honestly, diligently
and sincerely to the best satisfaction of the official superiors maintaining his record of service without any blemish.
Further, it is submitted that, the II Party/Management is a Central Government Public Sector undertaking and earlier it
is known as HMT I & II. The I Party states that, there has been no bargaining representatives of the workmen. Further,
the I Party has not agreed to withdraw the grievance petition and the management has taken hostile attitude towards
him. Under the circumstances the I Party workman has given representation to various labour authorities and the
labour authorities have asked the II Party to submit the reply to the said representation. The II Party management has
not liked the acts of the I Party workman since it has gone against the interest of the management. On the basis of the
representations made by the I Party the Asst. Labour Commissioner has posted the matter for enquiry by letter dated
14.10.2008, 05.02.2009, 30.08.2010 and 15.11.2011. Further, it is submitted that, the II Party has kept I Party under
suspension by order dated 19.12.2008, in which, no reasons whatsoever has been assigned. Thereafter the said order of
suspension has been served to the I Party on 26.12.2008. Thereafter, the II Party has issued ante dated charge sheet
dated 23.12.2008 making baseless charges. Further, the enquiry conducted by the enquiry officer is illegal, arbitrary,
8576
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
capricious, perverse and it is opposed to principles of natural justice. The said acts of the II Party amount to imposing
punishment without holding enquiry and the said acts of the II Party amount to unfair labour practices. After the
receipt of the enquiry report the II Party has passed an order bearing No. HRM/10738 dated 24.08.2011, dismissing the
I Party from the services. The action of the II Party amounts to victimization, for his trade unions activities. Due to the
arbitrary and illegal action of the II Party in passing order of dismissal, the I Party and his family members are
undergoing hardship, and they are starving. Further, the I Party states that, he may be permitted to urge additional facts
and grounds by way of amendment at later stage. After the dismissal of the I Party he is not gainfully employed,
elsewhere. Therefore, the I Party workman prays this Court to pass an award holding that, the order of dismissal
bearing No. HRM/10738 dated 24.08.2011, passed by the II Party as unjust and illegal and consequently set aside the
same and direct the II Party to reinstate the I Party workman in his original post with continuity of services with back
wages from the date of illegal dismissal till the date of reinstatement with all consequential benefits and pass such other
order as this Court deems fit to grant in the circumstances of the case with cost to meet the ends of justice. In the
memo dated 15.01.2013, the I Party prays this Court to put up the records in CR No. 52/2012 along with ID
No. 02/2012 and dispose of the same by common award in the interest of justice. Accordingly, the present common
award is passed.
2.
Brief details mentioned in the Counter statement are as follows:-
The II Party states that, the I Party has been involved in a serious offence of using abusive language against the
superiors and also abused the management and also pronounced vulgar language against the security personnel.
Further, the II Party states that, it is not a simple termination, it is because of the I Party attitude and because of his
using foul language, the II Party has invoked the provisions of the Standing Orders and ultimately he has been
dismissed form service. In such an event neither the I Party workman is entitled for back wages nor reinstatement as
claimed in the claim statement. Further, it is submitted that, the I Party workman has joined the service of the company
with effect from 25.10.1984, he has been last promoted as Supervisor with effect from 01.07.2005 and he has been
issued with 5 charge sheets. Further, after considering gravity of the charges and after considering his past records, it
has been decided to terminate his service with one month salary in lieu of notice in accordance with Clause 15(3) of the
Certified Standing Orders of the company and accordingly orders passed on 24.08.2011. Further, the II Party states
that, the I Party workman has been suspended from duty on 19.12.2008 for the misconduct committed on 18.12.2008
hence, the I Party has not been allowed to attend the duty. Further, the II Party states that, the Disciplinary Authority
has imposed the punishment of termination of the I Party workman from the service of the company and the
termination order which has been passed by the management is in accordance with the principles of natural justice, and
the termination order passed by the II Party management is valid and the same is in order. Therefore, the II Party prays
this Court to up hold the dismissal order which has been passed by the II Party/Management in the interest of justice
and equity.
3.
The Pertinent Point/issue involved in the present matter is as follows:-
“Whether I Party is entitled to get relief as prayed for in the claim statement, for the reasons mentioned
therein?”
4.
Point:- Already, this Court on 20.03.2015, after considering the I Party’s documents and evidence, and also, II
Party’s material evidence and after hearing both parties has passed an Order that Domestic Enquiry conducted by II
Party as against the I Party is not fair and proper.
5.
The I Party in his claim statement as well as in his evidence has stated that, he is not gainfully employed and he
has no other source of income to prosecute the case effectively, before this Court. Further, I Party has filed interim
relief, application and for that, also counter has been filed by the II Party by stating that, I Party has got enough means
to lead his livelihood. Further, the I Party states that, he has got wife, son and ailing and aged mother who are wholly
dependent on the applicant for their livelihood and I Party could not get alternative employment also and he has no
source of income and as on date the I Party is unemployed and I Party and his family members are under the verge of
starvation and destitution. Further, the I Party also states that, he has tried for private company job but he is unable to
get employment. Further, Ex W-1 is the letter from I Party to Commissioner of Labour dated 07.03.2008, regarding
holding of the election to the office bearer as their term has already expired on 30.10.2006. Ex W-5 and Ex W-6 are
the payslips of I Party and Ex W-18 is the termination order issued to I Party dated 24.08.2011.
6.
Further, this Court has passed the detailed order on 30.05.2017, itself, regarding the interim relief, which is as
follows:- “That, the respondent herein is directed to pay a sum of Rs. 15,000/- per mensem to Sh. P. Shankara
Applicant herein, for maintaining himself and also, the family of the workman from 03.01.2014, to the date of passing
of the further orders, in order to keep their body and soul together, and also, for the family expenses and also, to live
honourably, on the basis of social, economic and natural justice and also, to conduct the case, effectively.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8577
(ii) That, the respondent hereby directed to make payment of Rs. 15,000/- per mensem along with the entire arrears
amount from 03.01.2014 on or before 06.07.2017 and also to file compliance memo to this court, after giving advance
copy to the other side on or before 07.07.2017, without fail, and thereafter also, for the succeeding every month the
compliance memo has to be filed by the respondent after making the said amount every month to the said applicant Sh.
P. Shankara, on or before 05th of the succeeding month, after giving advance copy to the other side.
(iii) That, by way of abandone caution the said Sh. P. Shankara is directed to inform his savings bank account details
with the concerned Bank particulars to the respondent by speed post with acknowledgement due and, also to file
compliance memo to this Court with speed post receipt, copy of the covering letter and also the acknowledgement or
track record, obtained from the website of Government of India, Department of Post, on or before 16.06.2017.”
7.
Since, the II Party has not complied with the Interim Relief Order passed by this Court till date, the counsel for I
Party has relied upon the judgment reported in (1999(81) FLR 789) (Calcutta High Court) (Mr. Justice Samaresh
Banerjee.J) in Civil Order No. 6632(W) of 1996, dated 25.06.1998, between Debabratasen and State of West Bengal,
wherein, it is clearly held as follows:- “Section 11 empowers the Tribunal to regulate its own procedure. In exercise of
such power, therefore, the Tribunal can certainly evolve a procedure for enforcement of an order directing payment of
interim relief to the workman, the same being in the nature of an interlocutory order but for which the very object and
purpose of such welfare legislation will be frustrated. Under such circumstances when an employer violates the order
of the Tribunal directing payment of interim relief by not paying of such amount, even if such order of the Tribunal has
not been set aside or stayed by the higher Court, it will certainly be open to the Industrial Tribunal to enforce
compliance of such order of the Tribunal by making payment of interim relief as condition precedent for the employer
to participate in the adjudication proceedings before the Tribunal and to defend itself.” Though, sufficient and
adequate time has been granted for II Party to make payment of the said interim relief amount to the I Party, the II Party
has not complied with the said interim relief order or obtained any stay order from the Hon’ble Higher Courts. As per
the said citation, this Tribunal can certainly adopt a procedure for enforcement of the order directing interim relief to
workman, and the same being in the nature of an interlocutory order, but for which, the very object and purpose of the
said welfare legislation will be frustrated.
8.
In fact, the II Party has not complied with the said interim relief till date without any valid reasons. Hence, this
Tribunal can enforce the compliance of said order of interim relief as condition precedent for the II Party to participate
in the adjudication proceedings before the Tribunal and to defend itself. Further, the I Party specifically stated in the
claim statement and also in the affidavit that, the Domestic Enquiry held by the II Party has been held to be not fair and
proper by this Court and even the interim relief order passed by this Court by order dated 30.05.2017 has not been
complied by the II Party. Further, the I Party has specifically stated in the affidavit that, he has suffered financial
hardship and mental agony during the period of unemployment and all these years, since the order of removal, he has
no other source of income to survive. Hence, the I Party has prayed to grant reinstatement, full back wages, continuity
of service and other consequential benefits.
9.
On careful perusal of materials brought on records, it is found that, II Party has no right to defend the case and
also, I Party has established that, he is entitled to get relief as prayed for in the claim statement. The II Party has not
disproved the claim made by the I Party in accordance with law. Further, in Basti Sugar Mills Co. Ltd. Vs State of
U.P., (1979) 2 SCC 88, by V. Kishna Iyer. J: “Industrial Jurisprudence does not brook nice nuances and torturesome
technicalities to stand in the way of just solutions reached in a rough and ready manner. Grim and grimy life-situations
have no time for the finer manners of elegant jurisprudence.” Thus, the process of industrial adjudication is an onerous
task being guided by the constitutional mandates and aiming at settlement of the industrial dispute on a fair and just
basis, tested on the touchstone of social and economic justice. When an industrial dispute is raised, it is a commotion
to be pacified by dispensing justice. In such adjudication, not just the right to equality and other Constitutional
guarantees, but the aims and ideals of the Constitution enter into the consideration. It is the duty of the Courts to apply
directive principles in interpreting the Constitution and the laws. Also, it is reported in Lloyds Bank Ltd Vs. Bundy,
(1974) 3 All ER 757 that Lord Denning first clearly enunciated his theory of "inequality of bargaining power". His
Lordship began his discussion on this part of the case by stating (at page 763): "There are cases in our books in which
the courts will set aside a contract, or a transfer of property, when the parties have not met on equal terms, when the
one is so strong in bargaining power and the other so weak that, as a matter of common fairness, it is not right that the
strong should be allowed to push the weak to the wall.” In the present case also, it is seen that, the II Party has not
established the alleged misconduct committed by the I Party, as per the Principles of Preponderance of Probability and
also, as per the Principles of Natural Justice, for the above mentioned various reasons.
10.
Further, it is observed by the Hon’ble High Court of Karnataka, in W.P. No. 9974/2006 (L-TER), dated
07.01.2015, (Before Mr. Hon’ble Chief Justice D.H. Waghela and Mr. Hon’ble Justice Budihal. R. B), in the case of
The Management of National Aerospace Laboratories Vs Engineering & General Workers Union and the Managing
Directors, as follows:- “The jurisdiction of an Industrial Tribunal, therefore, is expansive and creative and not
8578
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
restricted to only enforcing or interpreting the contract of service or the extant legal provisions and it is not-fettered by
the limitations of contracts and can even involve extension of existing agreement of the making of a new one, or in
general, creation of new obligations or modification of old ones.” In the present case also, for the above mentioned
facts and circumstances it is found that, I Party is entitled to get relief as prayed for in the claim statement for the
reasons mentioned therein. Accordingly, this point is answered in favour of the I Party. Hence, the following Award is
passed:-
AWARD
The II party/management is not justified in imposing the punishment of Dismissal from service on I
party/Sh. P. Shankara w.e.f. 24.08.2011, and the said II party is directed to reinstate the I Party, with full back
wages, continuity of service and all other consequential benefits that he would have received in the absence of
the impugned penalty of removal from service, and both the matters are ordered accordingly, without costs, for
the above mentioned facts and circumstances of the matters.
(Dictated, transcribed, corrected and signed by me on 15th September, 2017)
V. S. RAVI, Presiding Officer
In I D No. 02/2012 Shankara Vs H M T
List of Witness on the side of I Party: (Merits)
WW 1
Sh. P. Shankara, I Party/workman
Exhibit marked on behalf of I Party: (Victimization)
Exhibits
Date
Description of Document
Ex W-1
07.03.2008
Letter from I Party to Commissioner of Labour
Ex W-2
25.08.2008
Order issued by II Party to I Party
Ex W-3
25.09.2008
Letter from I Party to Asst. Commissioner
Ex W-4
29.08.2006
Allotment of New Ticket Number
Ex W-5
-
Pay Slip of I Party
Ex W-6
11.02.2010
Pay Slip of I Party
Ex W-7
12.11.2008
RTI Application
Ex W-8
14.10.2008
Letter from Asst. Labour Commissioner to II Party
Ex W-9
05.02.2009
Letter from Asst. Labour Commissioner to I Party
Ex W-10
17.08.2010
Letter from I Party to Asst. Commissioner
Ex W-11
22.12.2008
Letter from I Party to Asst. Commissioner
Ex W-12
27.12.2008
Letter from I Party to Joint General Manager/II Party
Ex W-13
15.01.2009
Letter from I Party to Chairman & Managing Director/II
Party
Ex W-14
16.01.2009
Fax receipt
Ex W-15
18.10.2008
Office Order
Ex W-16
18.10.2008
Office Order
Ex W-17
04.03.2008
Office Order No. 49/2007
Ex W-18
24.08.2011
Order of Termination issued to I Party
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8579
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2522-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
egkizca/d] ¯gnqLrku ,;jksukWfVDl fyfeVsM] cSaxyksj ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]
vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV (lanHkZ la[;k
02@2017) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42025@03@2017&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2522.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 02/2017) of the Central Government Industrial Tribunal-cum-
Labour Court, Bangalore as shown in the Annexure, in the industrial dispute between the employers in relation to the
General Manager, Hindustan Aeronautics Limited, Bangalore and their workman, which was received by the Central
Government on 03.10.2017.
[No. L-42025/03/2017-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 19th September, 2017
PRESENT : Shri V. S. RAVI, Presiding Officer
I.D. No. 02/2017
I Party
II Party
Sh. Vasu K.V.,
The General Manager,
No. 120, Venkatadri Nilaya,
Hindustan Aeronautics Limited,
Near Vidya School, 2nd Cross,
Over Haul Division,
Sharavath Road, C M Extension,
Bangalore
Kyathasandra,
Tumkur - 572104
1. The I Party submitted in the claim statement as follows:-
The I Party prays this Court, that, regarding case in the crime No. 26/2012, he is processing in session Courts
under Crl.R.P. and other criminal case No. 109/2016, he is processing in Magistrate Court by step by step and also
prays to initiate cancellation proceedings and conciliation proceedings and advice the management of HAL to reinstate
into services with all consequential benefits to the I Party in the ends of justice.
2.
However, in the Judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010, dated
26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited, it is clearly held as follows:- “As
we have set aside the order passed in L.P.A. No. 84 of 2006 and opined that the ‘appropriate Government’ in relation to
the respondent company (HAL) is the State Government, the matter has to be remitted to the High Court for fresh
adjudication on merits.”
3.
In the above mentioned facts and circumstances, an important and preliminary point arises for consideration,
with regard to the above mentioned matter as follows:- “Whether this Court lacks jurisdiction to try the present
Matter?”
4.
POINT :- In the present case, the I Party has prayed to initiate cancellation proceedings and conciliation
proceedings and advice the management of HAL to reinstate into services with all consequential benefits to the I Party
in the ends of justice. Hence, it is crystal clear that as per the above mentioned judgment of the Hon’ble Supreme
Court of India, this Court lacks jurisdiction to try the present matter.
8580
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
5.
Further, taking into consideration the above mentioned points and principles as laid down by the Lordships of
the Hon’ble Supreme Court of India, this Court has no other alternative, except to follow the said judgement of the
Hon’ble Supreme Court of India. In fact, the I Party has also not disputed the said details, by raising any tenable
grounds and reasons. At the same time, this Court is not expressing any opinion on other issues raised by both the
sides, as this Court lacks jurisdiction to entertain the present matter of this nature and also liberty is granted to the I
Party to raise the dispute before the proper, competent and appropriate Judicial Forum/Tribunal/Court within 30 days
from the date of receipt of the present Award passed by this Court, in the best interest of justice, equity and fair play.
Accordingly, this point is answered. Hence, the following Award is passed:-
AWARD
This Tribunal has no jurisdiction to entertain the dispute raised by the I party, particularly, in the light of
the above mentioned judgement passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010,
dated 26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited and the present matter
suffers for want of jurisdiction before this Court and liberty is given to the I party to raise the dispute before the
proper, competent and appropriate Judicial Forum/ Tribunal/Court, within 30 days from the date of receipt of
the present Award, by adopting the procedure known under the law, in the best interest of justice, equity, good
conscience and fair play and this Court has not expressed any opinion regarding the various other issues raised
by both the parties, as the present matter has been disposed of, on the limited ground of jurisdiction point alone,
and also, without costs, for the above mentioned facts and circumstances.
(Dictated, transcribed, corrected and signed by me on 19th September, 2017)
V. S. RAVI, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2523-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
egkizca/d] ¯gnqLrku ,;jksukWfVDl fyfeVsM] cSaxyksj vkSj vU; ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa
ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV (lanHkZ la[;k
11@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03-10-2017 dks çkIr gqvk FkkA
¹la- ,y&14011@02@2014&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2523.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 11/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Bangalore as shown in the Annexure, in the industrial dispute between the employers in relation to the
Deputy General Manager, Hindustan Aeronautics Limited, Bangalore & others and their workman, which was received
by the Central Government on 03.10.2017.
[No. L-14011/02/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 21st September, 2017
PRESENT : Shri V. S. RAVI, Presiding Officer
C.R. No. 11/2014
I Party
II Party
The General Secretary,
1. The Deputy General Manager,
Hindustan Aeronautics,
Hindustan Aeronautics Limited,
Employees Association,
Engine Division, Bangalore Complex,
Vimanapura Post,
PB No. 9310,
Bangalore – 560017
Bangalore – 560093
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8581
2. The Union of India,
Represented by Ministry of Defence,
South Block, New Delhi.
Advocates for I Party: Mr. Vishwanath Bhat,
Advocate for II Party Sl. No. 1,
Mr. B.D. Kuttappa & Mr. Harish Kumar
Mr. S.V. Shastri
AWARD
1.
The Central Government vide Order No.L-14011/02/2014-IR(DU) dated 27.01.2015 in exercise of the powers
conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 has made
this reference for adjudication with following Schedule :
SCHEDULE
“Whether the action of the management of HAL Bangalore is justified in not implementing the second order
of the appellate authority vide order No. E/HR/App/617/10955/2010, dated 31.08.2010 by which the
management of HAL has modified the punishment of stoppage of 5 increments with cumulative effect to
stoppage of 2 annual increments without cumulative effects? If not, to what relief the said 4 workmen are
entitled to?”
2.
The I Party submitted in the claim statement as follows:-
The I Party workmen prays this Court to answer the points of reference in favour of the I Party and direct the II
Party management to implement the reviewing order of the Appellate Authority retrospectively and grant the I Party
workmen all the consequential monetary benefits flowing there from and pass such other order or orders as deem fit by
this Court including the costs of these proceedings, to meet the ends of justice.
3.
However, in the Judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010, dated
26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited, it is clearly held as follows:- “As
we have set aside the order passed in L.P.A. No. 84 of 2006 and opined that the ‘appropriate Government’ in relation to
the respondent company (HAL) is the State Government, the matter has to be remitted to the High Court for fresh
adjudication on merits.”
4.
In the above mentioned facts and circumstances, an important and preliminary point arises for consideration,
with regard to the above mentioned matter as follows:- “Whether this Court lacks jurisdiction to try the present
Matter?”
5.
POINT :- In the present case, the I Party has prayed to answer the points of reference in favour of the I Party
and direct the II Party management to implement the reviewing order of the Appellate Authority retrospectively and
grant the I Party workmen all the consequential monetary benefits flowing therefrom and pass such other order or
orders as deem fit by this Court including the costs of these proceedings, to meet the ends of justice. Hence, it is crystal
clear that as per the above mentioned judgment of the Hon’ble Supreme Court of India, this Court lacks jurisdiction to
try the present matter.
6.
Further, taking into consideration the above mentioned points and principles as laid down by the Lordships of
the Hon’ble Supreme Court of India, this Court has no other alternative, except to follow the said judgement of the
Hon’ble Supreme Court of India. In fact, the I Party has also not disputed the said details, in an appropriate, suitable
and proper manner. At the same time, this Court is not expressing any opinion on other issues raised by both the sides,
as this Court lacks jurisdiction to entertain the present matter of this nature and also liberty is granted to the I Party to
raise the dispute before the proper, competent and appropriate Judicial Forum/Tribunal/Court within 30 days from the
date of receipt of the present Award passed by this Court, in the best interest of justice, equity and fair play.
Accordingly, this point is answered. Hence, the following Award is passed:-
AWARD
This Tribunal has no jurisdiction to entertain the dispute raised by the I party, particularly, in the light of
the above mentioned judgement passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010,
dated 26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited and the present matter
suffers for want of jurisdiction before this Court and liberty is given to the I party to raise the dispute before the
proper, competent and appropriate Judicial Forum/ Tribunal/Court, within 30 days from the date of receipt of
the present Award, by adopting the procedure known under the law, in the best interest of justice, equity, good
conscience and fair play and this Court has not expressed any opinion regarding the various other issues raised
by both the parties, as the present matter has been disposed of, on the limited ground of jurisdiction point alone,
and also, without costs, for the above mentioned facts and circumstances.
(Dictated, transcribed, corrected and signed by me on 21st September, 2017)
V. S. RAVI, Presiding Officer
8582
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2524-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj lgk;d
egkizca/d] ¯gnqLrku ,;jksukWfVDl fyfeVsM] cSaxyksj vkSj muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp]
vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV (lanHkZ la[;k
28@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 17-10-2017 dks çkIr gqvk FkkA
¹la- ,y&14012@16@2014&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2524.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 28/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Bangalore as shown in Annexure, in the industrial dispute between the employers in relation to the
Assistant General Manager, Hindustan Aeronautics Limited, Bangalore and their workman, which was received by the
Central Government on 17.10.2017.
[No. L-14012/16/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 06th October, 2017
PRESENT : Shri V. S. RAVI, Presiding Officer
C.R. No. 28/2014
I Party
II Party
Sh. S. Ganpathi,
The Assistant General Manager,
S/o late Subbaiah, GBJ,
Hindustan Aeronautics Limited,
141, 6th Cross,
Bangalore Complex, Aircraft
Marathahalli,
Division, P B No. 1788,
Bangalore – 560037
Bangalore – 560017
Advocates for I Party:
Advocates for II Party:
Mr. S.B. Mukkannappa & Associates
Mr. T. Rajaram & Associates
AWARD
1.
The Central Government vide Order No.L-14012/16/2014-IR(DU) dated 18.07.2014 in exercise of the powers
conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Dispute act, 1947 has
made this reference for adjudication with following Schedule :
SCHEDULE
“Whether the order of dismissal of Sh. S. Ganapathi on the charges of Misappropriation of Rs. 3.45
Lakhs by the Management of Hindustan Aeronautics Ltd, Aircraft Division Management is justified?
If not, to what relief the workman is entitled?”
2. The I Party has submitted in the claim statement as follows:-
The I Party prays this Court, to
a)
set aside the order of dismissal bearing No. A/AGEM(F)/200/3364/2009; Dated 29.09.2008 passed by the
II Party and consequently reinstate him into service with continuity of service and all other consequential
benefits including full back wages from the date of dismissal till the date of reinstatement under the facts
and circumstances of the case.
b)
To issue any appropriate writ, order or orders as this Hon’ble Court that deems fit to accord under the
facts and circumstances of this case.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8583
3.
However, in the Judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010, dated
26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited, it is clearly held as follows:- “As
we have set aside the order passed in L.P.A. No. 84 of 2006 and opined that the ‘appropriate Government’ in relation to
the respondent company (HAL) is the State Government, the matter has to be remitted to the High Court for fresh
adjudication on merits.”
4.
In the above mentioned facts and circumstances, an important and preliminary point arises for consideration,
with regard to the above mentioned matter as follows:- “Whether this Court lacks jurisdiction to try the present
Matter?”
5.
POINT :- In the present case, the I Party has prayed to set aside the order of dismissal and to issue a direction to
the II Party to reinstate the I Party back into his post, with continuity of service, all other consequential benefits and full
back wages from the date of dismissal till his actual reinstatement and to pass any other appropriate orders, or
directions as this Court may deem fit to pass under the facts and circumstances of this case.
6.
Further, taking into consideration the above mentioned points and principles as laid down by the Lordships of
the Hon’ble Supreme Court of India, this Court has no other alternative, except to follow the said judgement of the
Hon’ble Supreme Court of India. In fact, the I Party has also not disputed the said details, in an appropriate, suitable
and proper manner. At the same time, this Court is not expressing any opinion on other issues raised by both the sides,
as this Court lacks jurisdiction to entertain the present matter of this nature and also liberty is granted to the I Party to
raise the dispute before the proper, competent and appropriate Judicial Forum/Tribunal/Court within 30 days from the
date of receipt of the present Award passed by this Court, in the best interest of justice, equity and fair play.
Accordingly, this point is answered. Hence, the following Award is passed:-
AWARD
This Tribunal has no jurisdiction to entertain the dispute raised by the I party, particularly, in the light of
the above mentioned judgement passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010,
dated 26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited and the present matter
suffers for want of jurisdiction before this Court and liberty is given to the I party to raise the dispute before the
proper, competent and appropriate Judicial Forum/ Tribunal/Court, within 30 days from the date of receipt of
the present Award, by adopting the procedure known under the law, in the best interest of justice, equity, good
conscience and fair play and this Court has not expressed any opinion regarding the various other issues raised
by both the parties, as the present matter has been disposed of, on the limited ground of jurisdiction point alone,
and also, without costs, for the above mentioned facts and circumstances.
(Dictated, transcribed, corrected and signed by me on 06th October, 2017)
V. S. RAVI, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2525-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj mi
egkizca/d (,pvkj)] ¯gnqLrku ,;jksukWfVDl fyfeVsM] cSaxyksj ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa
ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] cSaxyksj ds iapkV (lanHkZ la[;k
28@2015) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 03-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42025@03@2017&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2525.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 28/2015) of the Central Government Industrial Tribunal-cum-
Labour Court, Bangalore as shown in Annexure, in the industrial dispute between the employers in relation to the
Deputy General Manager (HR), Hindustan Aeronautics Limited, Bangalore and their workman, which was received by
the Central Government on 03.10.2017.
[No. L-42025/03/2017-IR (DU)]
RAJENDRA JOSHI, Dy. Director
8584
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 21st September, 2017
PRESENT : Shri V. S. RAVI, Presiding Officer
I.D. No. 28/2015
I Party
II Party
Sh. G. Balagangadhar,
The Deputy General Manager (HR),
S/o B.T. Gangadharan,
And Disciplinary Authority,
No. 126/A, 4th Block,
Aircraft Division,
4th Main Road, Rajajinagar,
Hindustan Aeronautics Limited,
Bangalore – 560010
Vimanapura Post,
Bangalore – 560017
Advocates for I Party:
Advocate for II Party:
Mr. K. Srinivasa & Mr. Channakeshavaswamy
Mr. T. Rajaram & Ms. G.R. Sujatha
1.
The I Party submitted in the claim statement as follows:-
The I Party prays this Tribunal, to set aside the order of dismissal and to call for the records from the II Party
pertaining to his dismissal passed by the II Party, and to issue a direction to the II Party to reinstate the I Party back into
his post, with continuity of service, all other consequential benefits and full back wages from the date of dismissal till
his actual reinstatement and to pass any other appropriate orders, or directions as this Court may deem fit to pass under
the facts and circumstances of this case.
2.
However, in the Judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010, dated
26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited, it is clearly held as follows:- “As
we have set aside the order passed in L.P.A. No. 84 of 2006 and opined that the ‘appropriate Government’ in relation to
the respondent company (HAL) is the State Government, the matter has to be remitted to the High Court for fresh
adjudication on merits.”
3.
In the above mentioned facts and circumstances, an important and preliminary point arises for consideration,
with regard to the above mentioned matter as follows:- “Whether this Court lacks jurisdiction to try the present
Matter?”
4.
POINT :- In the present case, the I Party has prayed to set aside the order of dismissal and to call for the records
from the II Party pertaining to his dismissal passed by the II Party, and to issue a direction to the II Party to reinstate the
I Party back into his post, with continuity of service, all other consequential benefits and full back wages from the date
of dismissal till his actual reinstatement and to pass any other appropriate orders, or directions as this Court may deem
fit to pass under the facts and circumstances of this case.
5.
Further, taking into consideration the above mentioned points and principles as laid down by the Lordships of
the Hon’ble Supreme Court of India, this Court has no other alternative, except to follow the said judgement of the
Hon’ble Supreme Court of India. In fact, the I Party has also not disputed the said details, in an appropriate, suitable
and proper manner. At the same time, this Court is not expressing any opinion on other issues raised by both the sides,
as this Court lacks jurisdiction to entertain the present matter of this nature and also liberty is granted to the I Party to
raise the dispute before the proper, competent and appropriate Judicial Forum/Tribunal/Court within 30 days from the
date of receipt of the present Award passed by this Court, in the best interest of justice, equity and fair play.
Accordingly, this point is answered. Hence, the following Award is passed:-
AWARD
This Tribunal has no jurisdiction to entertain the dispute raised by the I party, particularly, in the light of
the above mentioned judgement passed by the Hon’ble Supreme Court in Civil Appeal Nos. 9332-9333/2010,
dated 26.02.2016, in the case of Nashik workers Union Vs Hindustan Aeronautics Limited and the present
matter suffers for want of jurisdiction before this Court and liberty is given to the I party to raise the dispute
before the proper, competent and appropriate Judicial Forum/ Tribunal/Court, within 30 days from the date of
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8585
receipt of the present Award, by adopting the procedure known under the law, in the best interest of justice,
equity, good conscience and fair play and this Court has not expressed any opinion regarding the various other
issues raised by both the parties, as the present matter has been disposed of, on the limited ground of
jurisdiction point alone, and also, without costs, for the above mentioned facts and circumstances.
(Dictated, transcribed, corrected and signed by me on 21st September, 2017)
V. S. RAVI, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2526-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
egkizca/d] nwjlapkj] ch,l,u,y] t;iqj vkSj muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa
fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] t;iqj ds iapkV (lanHkZ la[;k 23@2006) dks
çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 12-10-2017 dks çkIr gqvk FkkA
¹la- ,y&40012@62@1992&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2526.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. No. 23/2006) of the Central Government Industrial Tribunal-cum-
Labour Court, Jaipur as shown in Annexure, in the industrial dispute between the employers in relation to the General
Manager, Telecom, BSNL, Jaipur and their workman, which was received by the Central Government on 12.10.2017.
[No. L-40012/62/1992-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR
BHARAT PANDEY, Presiding Officer
I.D. 23/2006
Reference No. L-40012/62/1992-IR (DU) Dated: 29.12.2005
Shri Ramesh Chander
S/o Shri Hariji Through Shri N.K.Tiwari,
Regional Secretary, Hind Mazdoor Sabha,
Bangali Colony, Chawani,
Kota – 324001.
V/s
General Manager
Telecom, BSNL
Jaipur- 302007.
Present :
For the Applicant
:
Sh. Kapil Sharma, Advocate.
For the Non-applicant
:
Ex-party
AWARD
Dated: 11.8.2017
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 General Manager, Telecom, BSNL, Jaipur in terminating
the services of Shri Ramesh Chander is legal and Justified? If not, to what relief the workman is
entitled and from which date?”
8586
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
2.
The fact of the case in brief according to the statement of the claim is that the workman Sh. Ramesh Chandra
was appointed on 1.6.1983 on daily wage on the post of Helper by General Manager, Tar Telecom, Jaipur. It has been
further alleged in para 2 of statement of claim that applicant fell sick on 17.4.84 due to mental sickness & his treatment
continued till 22.4.88. On 23.4.88 applicant appeared before subordinate Deputy Divisional Officer, Tar, Kota with
medical certificate & fitness certificate. The medical certificate was taken by Deputy Divisional Officer, Kota &
applicant was taken on duty. Thereafter, after laps of sufficient time a letter dated 8.8.88 was sent to applicant by
subordinate Kota office of the employer wherein it was written that medical certificate is not accepted due to delayed
presentation. It is contention of the applicant that he had presented the medical certificate in time. Further he has
alleged that thereafter he kept on going to the employer time to time but Subordinate of the employer Deputy
Divisional Officer, Tar, Kota kept dragging the matter of the applicant.
3.
It has been alleged in para 2 & 3 of the statement of claim that applicant has worked continuously with the
employer from 1.6.83 to 19.7.88 & has worked for more than 240 days but before removal from the service he was not
given notice or one month’s pay in lieu of notice or retrenchment compensation according to provision of section 25-F
of I.D.Act, 1947. Applicant failed to prepare seniority list. Before retrenchment of the applicant many other junior to
the applicant workman were working in the employment of the employer, thus, the employer has committed breach the
principle of “last come first go” which is in violation of section 25-G of I.D.Act, 1947. Applicant has further committed
breach of section 25-H of the I.D.Act, 1947 because after removal of the applicant from service new workmen were
taken in employment without providing opportunity to the applicant. The conduct of the employer is covered under the
definition of unfair labour practice. It has been prayed that applicant be reinstated in service with continuity & full back
wages.
4.
The statement of claim has been filed on 24.3.2006. It is evident from the perusal of record that the claim of the
applicant was dismissed by the then learned presiding officer vide award dated 23.5.2006 on the basis of applicant’s
failure to produce evidence. Later the case was restored vide order dated 13.12.2011.
5.
Non-applicant was provided opportunity for filing reply to statement of claim from 23.1.2012 to 26.6.2014 but
reply to statement of claim was not filed. On 26.6.2014 none appeared on behalf of opposite party & reply to statement
of claim was also not filed hence, case proceeded ex-party against the opposite party & case was fixed for ex-parte
evidence on 12.8.2014. After passing order of proceeding ex-parte learned representative of non-applicant appeared &
filed application for setting aside order of ex-parte proceeding. Copy of this application was given to learned
representative of applicant on 21.10.2014 for filing objection. This application was rejected on 6.5.2015 application of
non-applicant for recall of ex-parte order was rejected in absence of non-applicant because there was none on behalf of
non-applicant to press the application & case was again fixed for ex-parte hearing on 6.8.2015. On 6.8.2015 next
successive dates 21.10.2015,10.12.2015 & 1.2.2016 for ex-parte evidence were fixed but no evidence was adduced
from the applicant side. On 1.2.2016 applicant side sought further time for filing ex-parte evidence hence, adjourning
the case 25.2.2016 was fixed for ex-parte evidence.
6.
On 1.2.2016 in later half of the day non-applicant again filed application for setting aside ex-parte order. On
25.2.2016 learned representative of the applicant appeared. None appeared on behalf of non-applicant. Affidavit of the
applicant was filed as ex-parte evidence on behalf of applicant. Copy of the application of the non-applicant for setting
aside the ex-parte order was given to applicant for filing objection & case was fixed for disposal on next date
27.4.2016. On 27.4.2016 again none appeared on behalf of non-applicant. Learned representative of applicant appeared
& case was fixed on 13.7.2016 for ex-parte argument. On 13.7.2016 none appeared from both side hence, 28.7.2016
was fixed for disposal of application of the non-applicant for setting aside the ex-parte order. Due to continuous
absence of non-applicant application for setting aside ex-parte order was rejected as not pressed on 28.7.2016 & case
was fixed for ex-parte argument on 13.9.2016. 13.9.2016 was declared as holiday for Id-Ul-Juha hence, on 14.9.2016
next date 13.10.2016 was fixed for ex-parte argument. On 13.10.2016 & latter next successive dates 7.12.2016,
11.1.2017, 13.2.2017, 3.4.2017 , 18.5.2017, 27.6.2017, 20.7.2017 & 3.8.2017 were fixed for ex-parte argument but
none appeared on behalf of non-applicant.
7.
Heard the argument of learned representative of applicant & perused the record carefully.
8.
Beside affidavit in evidence applicant has filed two documents in form of photocopy which are alleged to be his
appointment letter & record of attendance.
9.
It has been argued by learned representative of the applicant that applicant was appointed as daily wage helper
on 1.6.83 but during course of employment he fell ill on 17.4.84 due to mental illness & his treatment for such mental
illness continued till 24.8.88. He has further argued that after end of illness on 23.4.88 he submitted medical & fitness
certificate to Deputy Divisional Officer & he was taken back on duty & much later after 23.4.88, a letter dated 8.8.88
was sent to him wherein it was alleged that his medical certificate was not submitted in time hence, the same is not
accepted. Later, applicant kept on visiting Deputy Divisional Officer but he kept on dragging the matter & applicant
was not taken back on duty. It has been further argued that applicant has completed regularly more than 240 days from
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8587
1.6.83 to 19.7.88 but before retrenchment he was not given notice or wage in lieu of notice or retrenchment
compensation. He has further alleged that seniority list was not prepared by non-applicant & at the time of his
retrenchment juniors to the applicant were retained in the service & after his retrenchment fresh recruitment was also
made by non-applicant hence, retrenchment is illegal & applicant is entitled to be reinstated in service with continuity
of service & backwages.
10.
As far as the question of appointment of the applicant is concerned it appears from perusal of photocopy of the
appointment letter dated 18.12.83 that applicant was selected as daily wager to work with office of Deputy Divisional
Officer, Tar, Kota & copy of this appointment letter was addressed to the applicant which contains eight conditions
mentioned in the appointment letter. These eight conditions are the working condition of the applicant wherein
condition no.2 is that he will be paid Rs.9/- per day & a maximum of Rs.243/- in a month. This condition indicates that
applicant will be getting job to a maximum of 27 days in a month. Condition no.3 is to the effect that he will not be
paid for weekly holiday & other holidays. The fourth condition is that there is no guarantee of regular employment or
maturity in the service. The sixth condition is that if party incharge, Junior Engineer or the appointing authority Deputy
Divisional Officer, Tar, is of the view that applicant is unsuitable he will be removed from service without notice. In
the eighth condition of the appointment applicant has been directed to contarct Sh. Ramdev, SIT at Chabra for Joining
at work. Rest of the conditions being formal are not required to be mentioned.
11.
The second document is record of working days for which applicant has worked. This record of working days is
not in conformity with appointment letter because appointment letter has been issued on 18.12.83 & applicant has been
asked to contact Sh. Ramdev, SIT for joining the duty whereas record of working days indicates that applicant has
worked in the month of June, 83 for 25 days. As far as the question of applicant’s working for 240 days immediately
preceding the date of termination is concerned applicant has not made any specific mention in his statement of claim
about date of termination. The affidavit of the applicant in evidence is mere repetition of statement of claim which does
not find any support from documentary evidence. Applicant has himself alleged that he joined the service on 1.6.83 &
fell ill on 17.4.84 & he remained ill & under treatment from 17.4.84 to 22.4.88 & joined duty with fitness on 23.4.88.
According to this statement applicant has worked from 1.6.83 to 16.4.84 but this fact has not been supported by the
record of working days filed by him. Record of working days indicate that he has started working in the month of June,
83 & has worked for 25 days in the month of June, 83. The record further indicates that starting from June, 83 applicant
has worked till July, 84 in each month for certain number of days & thereafter he has worked in the month of May 88,
June 88 & July 88. There is no contention against the document or about entries in the document relating to working
days that this document is false. Thus, if we compare the statement of evidence in affidavit with document of working
days it appears that contention of the applicant is false that he was ill w.e.f. 17.4.84 till 22.4.88. Further, there is no
medical evidence on record to support the contention that he was ill & treated for mental illness & given a medical
fitness to join the duty. There is also no evidence on record to show that applicant had given any information to his
department about his illness. In above fact & circumstances, I am of the view that applicant has failed to prove the
allegations of the statement of claim with reliable evidence.
12.
As far as the question of continuous working by the applicant for a period of 240 days is concerned, according
to contention of affidavit a letter dated 8.8.88 was received by applicant send by non-applicant wherein it was
mentioned that his medical certificate has not been filed in time. If 8.8.88 is the date taken for reference for the period
of 240 days it is evident from the record of working that applicant has not worked 240 days continuously from the date
of reference dated 8.8.88 thus, I am of the view that applicant has failed to prove that there is breach of provision of
section 25-F of I.D.Act, 1947. Further, it is important to note that applicant has not given fix date of termination of his
services.
13.
As far as the breach of provision of section 25-G & 25-H is concerned applicant has failed to mention any name
of a workman who was junior to him & retained in service. He has further failed to mention any name in his affidavit
who was appointed in department after his removal. Thus, I am of the view that applicant has failed to prove that
provisions of section 25-G & 25-H have been violated in his removal from service.
14.
It is further important to mention that according to contention of applicant his service has been discontinued
vide letter dated 8.8.88 which has not been filed in evidence. It is pertinent to mention that there is nothing on record to
support the fact that why the matter was taken up at belated stage by the applicant for conciliation.
15.
From the perusal of the statement of claim & evidence adduced by the applicant in support & on the basis of
above discussion I am of the view that applicant has failed to prove that action of the management of General Manager,
Telecom, BSNL Jaipur in terminating the services of Shri Ramesh Chandra is illegal & unjustified. The workman is
not entitled to any relief. The statement of claim of the applicant is dismissed accordingly.
16.
Award as above.
BHARAT PANDEY, Presiding Officer
8588
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2527-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eq[;
izca/d] cSad vkWiQ cM+kSnk] xqtjkr vkSj vU; vkSj muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk
esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] y[kuÅ ds iapkV (lanHkZ la[;k 61@2012) dks
çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-10-2017 dks çkIr gqvk FkkA
¹la- ,y&42025@03@2017&vkbZvkj (Mh;w)º
jktsaæ tks'kh] mi funs'kd
New Delhi, the 23rd October, 2017
S.O. 2527.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (I.D. Case No. 61/2012) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in Annexure, in the industrial dispute between the employers in relation to the Chief
Manager, Bank of Baroda, Gujarat & others and their workman, which was received by the Central Government on
09.10.2017.
[No. L-42025/03/2017-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW
PRESENT : RAKESH KUMAR, Presiding Officer
I.D. No. 61/2012
BETWEEN :
Sri Amrendra Singh
S/o Sri Shiv Bahadur,
Village and PO Bhapta,
Distt. Sultanpur (U.P.)
Through Representative Mr. Ran Vijay Singh
H.No.E-4/799, Vinay Khand,
Gomti Nagar, Lucknow
AND
1.
The Chief Manager
Bank of Baroda,
Head Office, Mandvi, Distt. Baroda
Gujrat,
2.
Asstt. General Manager
Regional Office, Bank of Baroda
2nd Floor, B-23, Vibhuti Khand
Gomti Nagar, Lucknow
3.
Branch Manager
Bank of Baroda,
Hanumanganj, Sultanpur
AWARD
1.
The workman has filed petition directly under section 2A of the I.D. Act. 1947 (14 of 1947) against the Chief
Manager, Bank of Baroda and others. In brief as per the claim statement W-1, the workman has submitted that he was
appointed on 1.8.88 as class IV employee in the Satellite Branch, Hanumanganj, District Sultanpur of the Bank of
Baroda which used to function only twice a week viz on every Monday and Friday, the said branch has started
functioning as permanent regular branch since Dec.2010. The workman has stated that he was employed in the Satellite
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8589
Branch w.e.f. 1.8.88 to 29.11.2010 and the opposite party no.1 has issued circular in the year 1991 so as to regularize
temporary employees and thereafter advertisement was published in various Newspapers. It has further been asserted
that the workman has fulfilled all the requirement of the circular, he has worked for more than 90 days in every year,
from the year 1988 to 1990, even then the management did not consider his application, and terminated his services on
3.12.2011, ignoring his previous continuous service of 22 years, whereas other employee Chhaviraji Devi working on
daily wages has been regularized. The workman has submitted that he was being paid Rs.100/- per month and all his
dues have been cleared till Nov.2010 but whimsical and illegal termination of his services is clear violation of Rules
and Unfair Labour Practice has been adopted by the management, and his representation was not duly considered.
Thereafter he moved writ petition no. 2242 (S/S)/2011 before Hon’ble High Court, Lucknow Bench Lucknow whereby
direction was given on 25.4.11 to move the Labour Court. An application for conciliation was moved before ALC ( C )
Lucknow thereafter waiting for 45 days when nothing positive proceedings were initiated, permission was given to
move the petition before this Tribunal. With the aforesaid pleadings request has been made to set aside the termination
order dated 3.12.2010 and to ensure payment of salary and consequential benefits accordingly. An affidavit and
documents have been annexed with claim statement.
2.
The management has filed written statement alongwith affidavit M-8 wherein allegations leveled by the
workman have been denied. The management has submitted that their exists no employee employer relationship
between the petitioner and the bank, no appointment letter was issued to him, therefore the question of alleged
termination of service w.e.f. 3.12.2010 does not arise, neither their exists any Industrial Dispute.
3.
The opposite party has stressed that being nationalized bank all the directions and guidelines of the Central
Government are being followed by the opposite party as well as directions issued by the Reserve Bank of India.
The recruitment of Sub Staff in various branches and offices of the Bank is conducted as per approved recruitment
policy so as to select eligible candidates after following due selection process. It has been further stressed that the
Hanumanganj, Sultanpur branch was opended on 30.11.2010, there was no permanent branch of the bank earlier
therefore no question of engagement of the claimant in the said branch since August 1988 arises, however for the
benefits and convenience of the local people Satellite branch was in operation at Hanumanganj, Sultanpur for once
or twice in a week for one to one and half hours and was managed by the available regular staff, for
cleaning/sweeping etc. casual labour available on local basis was engaged on day to day cash payment basis for
one hour engagement only and the petitioner was also one of such daily wages labourers. The opposite party has
stated that no formal schedule has been framed, therefore the alleged dispute can not be adjudicated. The claim
raised by the workman is misconceived and incorrect. With the aforesaid assertions request has been made by the
opposite party to adjudicate the matter in its favour.
4.
With strong denial of the grounds taken in the written statement rejoinder W-9 has been filed by the
petitioner workman, reiterating pleas taken in the claim statement.
5.
The workman has filed his own affidavit and affidavit of witness Sri Rajesh Bahadur Singh. The workman
and his witness have been thoroughly cross examined on behalf of the management.
6.
The management has filed affidavit M-15 of Sri Kalp Nath Yadav, he has been cross examined on behalf of
the workman.
7.
Later on as per application W-19 so called original certificate has been filed by the workman.
8.
Arguments of both the parties has been heard at length and record has been scanned thoroughly.
9.
Learned AR for the petitioner has emphasized that the workman was employed in the Satellite Branch of the
bank and has worked w.e.f. 1.8.88 to 29.11.2010, but abruptly without assigning any reason ignoring his previous
continuous service of about 22 years, his services were terminated by opposite party on 03.12.2010, whereas other
employees working on daily wage have been regularized. While strongly refuting the allegations leveled by the
workman, learned AR for the management has stressed that for the benefit and convenience of the local people,
Satellite Branch of the Bank was in operation at Hanumanganj, District Sultanpur for once or twice in a week, and
that only one to one and half hours. It was managed by the available regular staff and for cleaning and sweeping
etc. casual labour available on local basis was engaged for one hour only on day to day cash payment basis, and the
petitioner was also one of such daily wage laourers. It has also been asserted by the opposite party that being a
Central Government Nationalized Bank all the directions and guidelines of the Govt.of India and Reserve Bank of
India are being and have to be followed by the opposite party.
10.
The management has referred the judgment dated 13.1.2012 in writ no. 21436/07, GM, State Bank of
Bikaner vs Rajeev Sharma and others delivered by Hon’ble High Court, Allahabad. Learned AR for the workman
submits that the aforesaid citation does not apply to the fact of the present case.
8590
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
11.
Section 2(s) of the I.D. Act reads as under;
“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 (ten thousand rupees)
per mensem or exercises either by the nature of the duties attached to the office by reason of
the powers vested in him, functions mainly of a managerial nature).”
12.
The workman Amrendra Singh in his cross examination dated 4.4.2014 has admitted that the Satellite
Branch used to function twice a week, from 11.00 AM to 12.40 PM, and he was paid through voucher, once a
month. Further on 24.11.2014 the workman has stated that taking two working days in a week, he used to function
on eight days in a month, meaning thereby for 96 days in a year, for the remaining days he used to live at his home.
Further he has admitted that as per circular issued by the management, he did not move any application on the
prescribed proforma, even after knowing that such circular had been issued. Another witness Sri R.B. Singh has
stated that the Satellite branch used to function on Monday and Thursday, and he often went to his school
alongwith his father, while visiting the school he sometimes saw Sri Amrendra Singh.
13.
So called “working Certificate”, paper no. 1/32 has been denied by the management witness Sri Kalp Nath
Yadav in his cross examination. He has specifically asserted that the said certificate has not been issued by the
Bank. The so called original certificate dated 23.10.1991 paper No. W-19/2, photo copy of which was filed earlier,
is not legally admissible. The management has denied having issued any such certificate. Moreover the workman
has not duly proved it. In the light of the evidence available on record the petitioner is not infact covered under the
definition of “Workman” as per the provision of the I.D. Act.
14.
In (2006),13,SCC, Regional Manager, SBI vs Mahatma Mishra page 727, Hon’ble Supreme Court has
observed that “unfair labour practice” is not to be readily inferred. Before any conclusion on that behalf is drawn,
the condition precedent therefor must be specified. In the present case had the petitioner applied on the prescribed
proforma in compliance of the aforesaid circular issued by the Bank and had he been deprived of his rights
accrued, conditions would have been different, and the plea for regularization of the petitioner might have gained
some legal weight.
15.
After having heard the intellect arguments of both the parties at length and close scrutiny of the records
available before the Court in the light of the prouncement of Hon’ble Supreme Court, it is inferred that the
petitioner has failed to prove his case. Therefore he is not entitled to any relief.
Award as above.
LUCKNOW
22.09.2017
RAKESH KUMAR, Presiding Officer
CORRIGENDUM
New Delhi, the 23rd October, 2017
S.O. 2528.—In partial modification of this Ministry’s Notification No. L-16014/02/2017-IR (B-II) dated
26.09.2017 in Award I.D. No. 95/2014 of CGIT-cum-Labour Court No. 2, Mumbai, the file number be read as
Z-16014/02/2014-IR (B-II) instead of file No. L-16014/02/2017-IR (B-II).
[No. Z-16014/02/2014-IR (B-II)]
RAVI KUMAR, Desk Officer
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8591
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2529-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad vkWiQ
cM+kSnk ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd
vf/dj.k@Je U;k;ky;] t;iqj ds iapkV (lanHkZ la- 13@2016) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 23-10-2017 dks izkIr
gqvk FkkA
¹la- ,y&39025@01@2017&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2529.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 13/2016) of the Central Government Industrial Tribunal-cum-
Labour Court, Jaipur as shown in the Annexure in the Industrial Dispute between the management of Bank of Baroda
and their workmen, received by the Central Government on 23.10.2017.
[No. L-39025/01/2017-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JAIPUR
BHARAT PANDEY, Presiding Officer
I.D. No. 13/2016
Sh. Mahendra Kumar Sharma
S/o Shri Raj Kumar Sharma
R/o Shanti Devi, Beside Dewaliwali
Surjeet School, Namak Katta,
Bharatpur Town, Bharatpur.
V/s.
1.
Regional Manager
Bharatpur, Bank of Baroda,
Kali Ki Bagichi, Near Singhal
Nursing Home, Bharatpur, Raj.
2.
Senior Manager
Bharatpur, Bank of Baroda
Brij Industrial State, Ricco Road,
Near New Hospital, Bharatpur (Raj.)
3.
Assistant General Manager
Bank of Baroda, 4th Floor,
Anand Bhawan, Sansar Chandra Marg,
Jaipur.
Petition u/s 2(A) of Industrial Disputes Act, 1947 against illegal termination of service of workman Sh.
Mahendra Kumar Sharma w.e.f. 10.9.2014.
AWARD
22.6.2017
1.
Sh. Mahendra Kumar Sharma applicant filed application u/s 2-A of I.D.Act, 1947 against non-applicants for
relief of reinstatement in the service with back wages & consequential benefits declaring order of removal from service
dated 10.9.14 as unjust, illegal & void.
2.
According to statement of claim applicant was appointed on 25.5.2012 on the post of cleaner/ sweeper under the
control of non-applicant No.2. Beside the work of cleaner/ sweeper applicant was also performing the work of IV
8592
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
grade employee namely ‘Daftary’. In the morning between 8 to 10 a.m. applicant was doing the work of cleanliness,
cleaning of door, table & chairs etc & after 10 a.m. he was assisting the job of opening the cash & taking it out. After
performing above job he was doing the job of ‘ Daftary’ as IV class employee for entire day. It has been further
alleged that applicant requested the non-applicants for his regularisation on many occasions but his request was not
considered. He was working for all the 30 days in a month & paid salary on monthly rate basis. At the time of his
removal he was in receipt of monthly salary of Rs.7500/-. Applicant was receiving the pay for every month by signing
the vouchers & all the vouchers are in possession & control of non-applicant.
3.
It has been further alleged that on 10.9.2014 he was removed from the service without any reason. He was not
given any show-cause notice or charge sheet. His services were terminated in unjust & illegal manner in violation of
section 25-F & 25-H of I.D.Act, 1947, rule 77 & 78 of The Industrial Disputes (Central ) Rules, 1957 & section 2.R.A.
of I.D.Act, 1947. Applicant has alleged that immediately preceding the date of termination in 12 calendar month he has
worked for more than 240 days & he has also worked for more than 240 days in each year but neither he was given
retrenchment notice nor retrenchment compensation nor pay in lieu of notice.
4.
In para 15 of the application, applicant has alleged that he presented his dispute about removal from service
before Regional Labour Commissioner (Central), Kota on 29.4.2015 but reference has not been sent for adjudication
till date of filing this application before the tribunal on 24.9.2015, hence, applicant according to rule after laps of 45
days has filed this application before this tribunal directly.
5.
Application of the applicant was taken on record & he was directed to file conciliation failure report which
had not been filed till 14.3.16. On 14.3.16 application was registered & notices were sent to opposite party fixing 2.5.16
for filing reply to statement of claim by non-applicant. Applicant was further directed to file failure report till 2.5.16.
After 2.5.16 next successive dates 25.7.16, 19.10.16, 8.12.16, 16.1.17, 6.2.17, 8.3.17, 20.4.17 & 20.6.17 were fixed for
filing conciliation failure report & reply to statement of claim. On 14.3.16 authority of representation was filed on
behalf of non-applicant. Neither failure report nor reply to statement of claim was filed from both the side till 20.6.17.
6.
On 2.5.16 none appeared from both the side. Case was adjourned by the tribunal suo-moto in interest of justice
fixing 25.7.16 for failure report & reply to statement of claim. In the later part of the day after order learned
representative for non-applicant appeared who was made aware of the proceeding dated 2.5.16.
7.
On 25.7.16 none appeared on behalf of applicant. Learned representative of non-applicant was present who
sought time for filing reply. 19.10.16 was next date fixed for filing failure report & reply to statement of claim. After
order learned representative of applicant appeared who was made aware about the proceeding for 25.7.16.
8.
On 19.10.16 none appeared on behalf of both the parties. Case was again adjourned in the interest of justice by
the tribunal suo-moto with observation that despite order of the tribunal dated 2.5.16 applicant has not filed conciliation
failure report. Reply to statement of claim was also not filed. 8.12.16 next date was fixed. After order learned
representative of non-applicant appeared who was made aware with the order dated 19.10.16.
9.
On 8.12.16 learned representative of non-applicant appeared, none appeared on behalf of applicant. It was
observed that applicant is continuously remaining absent & not filing conciliation failure report which indicates that
applicant is not interested in continuing the case further. However, the case was again adjourned fixing 16.1.17 for
filing failure report by applicant & reply to the statement of claim by non-applicant. On 16.1.17 learned representative
of both the parties appeared. Presiding Officer was on leave. Neither conciliation failure report nor reply to claim was
filed. Next date 8.2.2017 was fixed for filing reply & conciliation failure report. On 8.2.2017 learned representative of
both the parties appeared. Neither conciliation failure report nor reply to statement of claim was filed. Case was again
adjourned by tribunal in the interest of justice fixing 8.3.2017 for filing of reply & failure report.
10.
On 8.3.2017 neither applicant appeared nor statement of claim was filed. Learned representative of non-
applicant was present but reply to statement of claim was not filed. Adjourning the case next date 20.4.2017 was fixed
for filing statement of claim & conciliation failure report. On 20.4.2017 none appeared on behalf of both parties. Again
case was adjourned by the tribunal suo-moto fixing 20.6.2017 for filing conciliation failure report & reply to statement
of claim.
11.
On 20.6.2017 none appeared on behalf of applicant nor conciliation failure report was filed. Learned
representative of non-applicant appeared but reply to statement of claim was not filed. It was argued by learned
representative of non-applicant that since long applicant is remaining absent & has not been taking step for further
proceeding in the case whereas non-applicant has been in appearance in majority of the dates. Looking into the above
fact & circumstances, further proceeding in the case was closed due to failure of applicant in taking step for further
advancement of the case & case was reserved for award. It is pertinent to mention that above mentioned proceeding of
the case is self reflecting that applicant has not been taking interest in further proceeding of the case. It further appears
that applicant is not interested & willing in submitting failure report & taking step for further advancement of the case.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8593
In the event of failure of the applicant to take part in proceeding for further advancement of the case & bringing
material evidence on record the tribunal is unable to record the finding on merit on the issues involved in the case of the
applicant. It is important to mention that applicant has filed only two papers on record which have been submitted
before the Assistant Labour Commissioner (Central)/Conciliation Officer, Kota consisting of one application dated
29.4.15 to initiate conciliation proceeding & another undated application for stopping the further proceeding of the
case to facilitate the applicant to file an application u/s 2-A of I.D.Act, 1947. Both the applications have been sent by
post & have been received on 29.4.15 & 5 Aug, 2015 respectively. In above fact & circumstances I am of the view that
application of the applicant deserves to be dismissed for not taking further step for advancement of the case.
Application of the applicant u/s 2-A of the I.D.Act, 1947 is dismissed accordingly.
12.
Award as above.
BHARAT PANDEY, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2530-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ oh-
,l- ,tqds'ku dalyVSUlh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la- 2] ubZ fnYyh ds iapkV (lanHkZ la- 05@2017) dks izdkf'kr djrh gS tks dsUnzh; ljdkj
dks 23-10-2017 dks izkIr gqvk FkkA
¹la- ,y&12012@76@2016&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2530.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 05/2017) of the Central Government Industrial Tribunal-cum-
Labour Court No. 2, New Delhi as shown in the Annexure in the Industrial Dispute between the management of M/s.
V.S. Education Consultancy and their workmen, received by the Central Government on 23.10.2017.
[No. L-12012/76/2016-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 2, KARKARDOOMA COURT COMPLEX, DELHI
ID No. 05/2017
Shri Manish Sharma, S/o Shri Choke Lal,
C/o General Mazdoor Union (Regd.
T-143 , Karampura,
New Delhi
…Workman
Versus
1.
The Authorised Signatory,
M/s V.S. Education Consultancy,
184 Trikona Park, Maharani Bagh,
New Delhi -110014.
2.
The Canara Bank,
B-39, IInd Floor,
Cannaught Place, Middle Circle,
Near PVR Plaza,
New Delhi-110001
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.L-
12012/76/2016(IR(B-II)) dated 03.03.2017 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the
Act, for adjudication of a dispute, terms of which are as under:
8594
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
“Whether the action of the immediate employer M/s. V.S. Consultancy, New Delhi in the establishment of
Canara Bank, B-39 , Cannaught Palce, New Delhi in terminating the services of Shri Manish Sharma, S/o
Shri Choke Lal w.e.f 25.01.2016 is legal and justified. What relief the workman is entitled to and from which
date?”
2.
In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt
of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
Despite directions so given, Claimant union opted not to file his claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained affected in the period, referred above. Therefore, every presumption lies in favour of the fact that the
above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause against
the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this
award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for
publication.
Dated : September 11, 2017
A. C. DOGRA, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2531-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ oh-
,l- ,tqds'ku dalyVSUlh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la- 2] ubZ fnYyh ds iapkV (lanHkZ la- 8@2017) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks
23-10-2017 dks izkIr gqvk FkkA
¹la- ,y&12012@75@2016&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2531.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 8/2017) of the Central Government Industrial Tribunal-cum-Labour
Court No. 2, New Delhi as shown in the Annexure in the Industrial Dispute between the management of M/s. V.S.
Education Consultancy and their workmen, received by the Central Government on 23.10.2017.
[No. L-12012/75/2016-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 2, KARKARDOOMA COURT COMPLEX, DELHI
ID No. 8/2017
C/o General Mazdoor Union (Regd.)
Rep. through its General Secretary,
T-143 , Karampura,
New Delhi-110045
…Workman
Versus
1.
The Authorised Signatory,
M/s V.S. Education Consultancy,
184 Trikona Park, Maharani Bagh,
New Delhi -110014.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8595
2.
The Canara Bank,
B-39, IInd Floor,
Cannaught Place, Middle Circle,
Near PVR Plaza,
New Delhi-110001
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.L-
12012/75/2016(IR(B-II)) dated 06.03.2017 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the
Act, for adjudication of a dispute, terms of which are as under:
“Whether the following demands of the trade union named General Mazdoor Union (Regd.) against the
management of M/s. V.S. Education Consultancy and (2) Canara Bank, B-39, 2nd floor, Cannaught Place,
Middle Circle, Near P.V.R Plaza, New Delhi are justified and the workman employed by contractor 5 M/s.
V.S.Education Consultancy , Maharani Bagh, New Delhi and Canara Bank , B-39 , 2nd floor , Cannaught
Palce Middle Circle , New Delhi are entitled for said benefits. If not, then what relief the said union and
workmen employed with above said employers are entitled to ?” (1) The demands to provide over time @
double to workmen (2) The demand to provide ESI and EPF to all workmen (3) The demands to provide
minimum wages to all the workmen (4) The demands to issue appointment letter to all the workmen from
back date (5) The demands to provide bonus @ 20% of salary to workmen.”
2.
In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt
of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
3.
On receipt of the above reference, notice was sent to the claimant union as well as the managements. Neither
the postal article sent to the claimant union referred above, was received back nor was it observed by the Tribunal that
postal services remained affected in the period, referred above. Therefore, every presumption lies in favour of the fact
that the above notice was served upon the claimant union. Despite service of the notice, claimant union opted to
abstain away from the proceedings. No claim statement was filed on behalf of them. Thus, it is clear that the workman
union is not interested in adjudication of the reference on merits.
4.
Since the workman union has neither put in their appearance nor have they led any evidence so as to prove their
cause against the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award.
Let this award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act,
1947, for publication.
Dated : September 11, 2017
A. C. DOGRA, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2532-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ oh-
,l- ,tqds'ku dalyVSUlh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la- 2] ubZ fnYyh ds iapkV (lanHkZ la- 9@2017) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks
23-10-2017 dks izkIr gqvk FkkA
¹la- ,y&12012@74@2016&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2532.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 9/2017) of the Central Government Industrial Tribunal-cum-Labour
Court No. 2, New Delhi as shown in the Annexure in the Industrial Dispute between the management of M/s. V.S.
Education Consultancy and their workmen, received by the Central Government on 23.10.2017.
[No. L-12012/74/2016-IR (B-II)]
RAVI KUMAR, Section Officer
8596
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO. 2, KARKARDOOMA COURT COMPLEX, DELHI
ID No. 9/2017
Shri Gaurav Kumar S/o Late Shri Dev Raj,
C/o General Mazdoor Union (Regd.)
T-143 , Karampura,
New Delhi
…Workman
Versus
1.
The Authorised Signatory,
M/s. V.S. Education Consultancy,
184 Trikona Park, Maharani Bagh,
New Delhi -110014.
2.
The Canara Bank,
B-39, IInd Floor,
Cannaught Place, Middle Circle,
Near PVR Plaza,
New Delhi-110001
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No. L-12012/74/2016-
IR(B-II) dated 06.03.2017 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for
adjudication of a dispute, terms of which are as under:
“Whether the action of the immediate employer M/s V.S. Education Consultancy, New Delhi in the
establishment of Canara Bank, B-39, Cannaught Place, New Delhi in terminating the services of Shri Gourav
Kumar S/o Late Dev Raj w.e.f. 11.02.2016 is legal and justified. If not, What relief the workman is entitled to
and from which date?”
2.
In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt
of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
Despite directions so given, Claimant opted not to file his claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the managements Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained affected in the period, referred above. Therefore, every presumption lies in favour of the fact that the
above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workmen has neither put in his appearance nor has he led any evidence so as to prove his cause against
the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this
award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for
publication.
Dated : September 11, 2017
A. C. DOGRA, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2533-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ oh-
,l- ,tqds'ku dalyVSUlh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la- 2] ubZ fnYyh ds iapkV (lanHkZ la- 86@2016) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj
dks 23-10-2017 dks izkIr gqvk FkkA
¹la- ,y&12012@77@2016&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8597
New Delhi, the 23rd October, 2017
S.O. 2533.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 86/2016) of the Central Government Industrial Tribunal-cum-
Labour Court No. 2, New Delhi as shown in the Annexure, in the Industrial Dispute between the management of M/s.
V.S. Education Consultancy and their workmen, received by the Central Government on 23.10.2017.
[No. L-12012/77/2016-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO. 2, KARKARDOOMA COURT COMPLEX, DELHI
ID No. 86/2016
Shri Mohd. Naushad S/o Shri Leyakat Hussain,
C/o General Mazdoor Union (Regd.)
T-143, Karampura,
New Delhi
…Workman
Versus
1.
The Authorised Signatory,
M/s V.S. Education Consultancy,
184 Trikona Park, Maharani Bagh,
New Delhi -110014.
2.
The Canara Bank,
B-39, IInd Floor,
Cannaught Place, Middle Circle,
Near PVR Plaza,
New Delhi-110001
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.L-12012/77/2016-
IR(B-II)) dated 17.11.2016 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for
adjudication of a dispute, terms of which are as under:
“Whether the workman is entitled for reinstatement with all benefits? If not then what other relief the
workman is entitled to?”
2.
In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt
of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
Despite directions so given, Claimant union opted not to file his claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained affected in the period, referred above. Therefore, every presumption lies in favour of the fact that the
above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause against
the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this
award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for
publication.
Dated : September 11, 2017
A. C. DOGRA, Presiding Officer
8598
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2534-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ oh-
,l- ,tqds'ku dalyVSUlh ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky; la- 2] ubZ fnYyh ds iapkV (lanHkZ la- 89@2016) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj
dks
23-10-2017 dks izkIr gqvk FkkA
¹la- ,y&12012@78@2016&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2534.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 89/2016) of the Central Government Industrial Tribunal-cum-
Labour Court No. 2, New Delhi as shown in the Annexure, in the Industrial Dispute between the management of M/s.
V.S. Education Consultancy and their workmen, received by the Central Government on 23.10.2017.
[No. L-12012/78/2016-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO. 2, KARKARDOOMA COURT COMPLEX, DELHI
ID No. 89/2016
Shri Ankit S/o Late Shri Bhagwan Singh,
C/o General Mazdoor Union (Regd.)
T-143 , Karampura,
New Delhi
…Workman
Versus
1.
The Authorised Signatory,
M/s V.S. Education Consultancy,
184 Trikona Park, Maharani Bagh,
New Delhi -110014.
2.
The Canara Bank,
B-39, IInd Floor,
Cannaught Place, Middle Circle,
Near PVR Plaza,
New Delhi-110001
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No. L-12012/78/2016-
IR(B-II) dated 06.12.2016 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for
adjudication of a dispute, terms of which are as under:
“Whether the workman Shri Ankit, Data Entry Operator is entitled for reinstatement with all benefits? If not,
then what other relief the workman is entitled to?”
2.
In the reference order, the appropriate Government commanded the party/ies raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt
of the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
Despite directions so given, Claimant opted not to file his claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained affected in the period, referred above. Therefore, every presumption lies in favour of the fact that the
above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8599
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause against
the management, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this
award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for
publication.
Dated : September 11, 2017
A. C. DOGRA, Presiding Officer
ubZ fnYyh] 23 vDrwcj] 2017
dk-vk- 2535-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj lSUVªy cSad
vkWiQ bafM;k ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/dj.k@Je U;k;ky;] y[kuÅ ds iapkV (lanHkZ la- 25@2006) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 23-10-2017
dks izkIr gqvk FkkA
¹la- ,y&12011@62@2006&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 23rd October, 2017
S.O. 2535.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 25/2006) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow 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 23.10.2017.
[No. L-12011/62/2006-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW
PRESENT : RAKESH KUMAR, Presiding Officer
I.D. No. 25/2006
Ref.No. L-12011/62/2006-IR(B-II) dated 15.09.2006
BETWEEN :
The General Secretary
Central Bank Staff Association,
13/11, Shiv Nagar Colony,Allahapur
Allahabad
AND
1.
The Regional Manager,
Central Bank of India, Regional Office, Lanka
Varanasi (U.P.)-221001
AWARD
1.
By order No. L-120121/62/2006-IR(B-II) dated 15.09.2006 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 General Secretary, Central Bank
Staff Association, Allahabad and the Regional Manager, Central Bank of India, Regional Office, Varanasi for
adjudication.
8600
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
2.
The reference under adjudication is:
“WHETHER THE ACTION OF THE MANAGEMENT OF CENTRAL BANK OF INDIA IN
IMPOSING THE PUNISHMENT OF REDUCTION TO LOWER STAGE IN THE TIME SCALE
OF PAY BY TWO STAGES ON SH. RAJMANI MISHRA, CLERK VIDE ORDER DATED
14.5.2004 AND VIDE APPELLETTE AUTHORITY’S ORDER DATED 10.11.2004 IS LEGAL AND
JUSTIFIED? IF NOT, WHAT RELIEF IS THE CONCERNED WORKMAN ENTITLED TO?”
3.
As per claim statement A1-3 the petitioner has stated in brief that he has been active member of the union, so he
was subject to harassment and victimization on the part of the management authorities, he was suspended vide memo
dated 10.09.2002, which was revoked vide order dated 16.09.2003, he was illegally and arbitrarily kept under
suspension without any reason and was paid suspension allowance. Illegal charge sheet dated 30.01.2003 was served
upon him, earlier Sri O.P. Singh was appointed as enquiry officer but the opposite party further appointed Sri V.S.
Chaubey in his place, Sri James Xavier was appointed as enquiry officer, enquiry was partly conducted, he was
replaced by Sri Rakesh Tewari and lastly Sri V.S.Chaubey was appointed as enquiry officer to enquire the charges.
These changes were made because earlier enquiry officers were not suited to the management. The enquiry officer was
in very haste and predetermined, without closing the management evidence the workman was asked to produce his
witness or to cross examine of MW-1.
4.
The petitioner has asserted that security arrangements are the joint responsibility of the Branch Manager and/or
other authorities. During enquiry the petitioner demanded 11 documents on 27.08.2003, document at sl.no.1 was never
provided document sl.no.7 & 9 were claimed as privileged documents and that at sl.no.10 was treated as irrelevant.
Primary investigation report was not provided. The version of the defence representative was overruled by enquiry
officer without any reason avoiding the principle of natural justice. The enquiry officer stated that only those
documents were provided to the defence which were used against him either for preparation of charge sheet or during
enquiry proceedings, it was misconception of law, non providing of documents is clear denial of the reasonable
opportunity to defence. The management has leveled the charge that the sum of Rs.7.00 lakhs was taken away by the
miscreants due to lack of security as such, these documents were not privileged documents, map of bank premises was
also not provided. It has been asserted by the petitioner that he was Head Cashier, he accompanied Sri G.K. Srivastava,
Dy. Manager while opening and closing the strong room and thus they were having joint responsibility of security
system and its short coming as well. The management witness has admitted during the enquiry that the Branch
Manager was duty bound to rectify the defects in the security system. Documents mentioned at seriol number 7,9 and
11 were not provided, neither any decision was taken. The question relating to the measure to rectify the cash security
system was asked to the management witness in order to avoid the repetition of incidence of 2.8.2002, but this fact was
not mentioned by the enquiry officer, no armed guard was posted in the Branch in the period w.e.f. 1.1.2002 to
20.5.2003, enquiry officer did not consider the lapse on the part of the bank authorities. On the date of incident, 2
officers, 5 clerks and 1 peon was present in the Bank hall, officiating head cashier(petitioner), 2 cashier and 1 peon
were present in the cash section but the opposite party did not produce these relevant material witnesses, only evidence
of the Branch Manager was produced but he was non material witness. After the incident, lot of changes were made in
the security system, short comings was there earlier, the defence demanded the current pass book on which record of
sorting of notes was being made but this was denied without any reason. The statements of defence witnesses were not
considered by the enquiry officer, without waiting for the written arguments as per the request of the petitioner, enquiry
report dated 14.2.2004 was submitted. There was no locking hooks in the carry cash box. It was brought to the notice of
the enquiry officer that no lock was available for carrying cash cabin, and in fact MW-1 never checked the position of
the cash box etc. The representation dated 15.3.2004 was also not considered by the disciplinary authority and without
application of mind punishment was imposed of lowering down to lower stage in the time scale by two stages. Appeal
filed by the petitioner was also rejected without recording any reason. Balance salary for the period of suspension was
not paid to the petitioner, it was clearly an arbitrary and illegal order. With the aforesaid pleadings request has been
made by the petitioner workman to set aside the impugned order dated 14.5.2004, another administrative order dated
2.9.2005 and the appellate order dated 10.11.2004
5.
As per the list C-6 several documents have been annexed by the petitioner.
6.
As per the written statement M-24/3, while denying the allegations leveled by the workman, the opposite party
has stated in brief that the petitioner was working as officiating Head Cashier at Zero Road, Allahabad on 2.8.2002 and
he had committed serious omission & commissions. Due care was not taken by the petitioner in transmiting the cash to
cash cabin in a locked box. Earlier also the cash was transmitted in the box having no locking hooks. The cash cabin
was not tied with chains. He has taken out the cash and placed it on the counter, and kept the bundles of Rs.10/-
denomination on the floor besides the Cash box. Rs.50/- and Rs.100/- were lying in the same box which was not having
locking hooks. The petitioner has allowed high quantum of cash to remain in the unlocked cash box exposing its
security and bank interest. The opposite party has asserted that the workman has kept “In and Out register” in cash
cabin while it should be kept in strong room with safe. Record of quantum and denomination which he used to pass on
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8601
to the sorting cashier was not maintained by him. He has not taken ordinary prudence to keep the required vigilance
and alertness which resulted in loss of Rs.7 lakhs in cash from his custody on 2.8.2002, he has thereby committed gross
misconduct in terms of Bipartite Settlement dated 19.10.77, therefore memo was issued and written explanation was
sought and departmental enquiry was initiated and charge sheet was issued since some officers were transferred to
other place so the enquiry officer was changed from time to time. Defence representative was appointed by the
petitioner. Enquiry was conducted as per settled norms and as per principle of natural justice, reasonable and full
opportunity was provided to the employee to prove his innocence. The petitioner has participated in the domestic
enquiry proceedings along with his defence representative, few documents were submitted by him before enquiry
officer and he was permitted to cross-examine by the management witness. After conclusion of enquiry proceeding
show case memo was issued by disciplinary authority regarding punishment. Taking into account gravity of the charges
leveled against the petitioner and charges which have been proved properly, penalty of “Bringing him down to lower
state in the time scale by 2 stages” was imposed. Appeal was also preferred which was duly disposed off. All the
relevant papers were provided to the petitioner and unnecessary documents and classified documents were not given.
7.
The opposite party has further asseted that the workman did not challenge, neither he disprove the
authenticity/genuineness of the documents during the course of enquiry, therefore the documents produced by the
management were treated as genuine. The opposite party has also submitted that if this Tribunal comes to the
conclusion that the principle of natural justice was not followed and the reasonable opportunity for defence was not
afforded to the petitioner then in that case, the management of Central Bank would like to prove the charges against the
petitioner. The present claim has been highly belated and overstale. With the aforesaid averments, prayer has been
made by the management to adjudicate the matter against the petitioner workman.
8.
With strong denial of the main facts mentioned in the written statement, rejoinder A-27 has been filed by the
workman, reiterating the pleas taken in the claim statement.
9.
The management has filed certain documents as per list C-28.
10.
The workman has adduced his evidence in the form of affidavit A-34. He has been cross-examined on behalf of
the management.
11.
The management submitted the affidavit A-35 of Sri V.S. Chaubey, ARM of the bank, he has been thoroughly
cross examined on behalf of the workman.
12.
Preliminary issue was framed by the then Presiding Officer/Hon’ble Judge on 12.12.2013. This issue has been
decided vide order dated 3.6.2915 passed by me, against the management. Opportunity was provided to the
management to adduce evidence against the workman before this Tribunal. Thereafter the management filed affidavit
M-5 of Sri K.S.Wadia, Chief Manager of the Bank, he was thoroughly cross-examined on behalf of the workman.
13.
Arguments of both the parties have been heard at length and record has been scanned thoroughly.
14.
As pointed out hereinabove, preliminary issue regarding fairness of the enquiry, has been decided against the
management vide order dated 3.6.2015 passed by this Tribunal. Thereafter the management, on being provided
opportunity, filed the affidavit A-34 of Sri K.S. Wadia in its evidence; he was cross-examined on behalf of the
workman. It might be quite pertinent to mention here that the workman Sri Rajmani Mishra, has in para 10 to para 15
of his affidavit has specifically alleged that the mentioned documents were requested by him during the domestic
enquiry. Learned AR for the management did not cross-excamine the workman on these points. Further in para 18 and
19, the security arrangement at the bank and non-posting of the Armed Guard, has been stated on oath by the workman,
again he has not been cross-examined on these paras. In para 20 of the affidavit A-34, the workman has asserted that on
the alleged date of incident 2 bank officers, 5 clerks and one peon were present in the banking hall. But the
management has not chosen to produce these relevant and material witness and only Branch Manager was produced
who was sitting in his Cabin. On this point. The management refrained to elaborate the facts in cross-examination. On
the other hand the management witness Sri V.S. Chobey has also been cross-examined quite comprehensively, on
behalf of the workman.
15.
Dti K.S. Wadia in his cross-examination dated 17.08.2016, has stated in para 2 that he did not enquire the
incident after the occurrence, the enquiry conducted by the senior officers has not been brought to the notice of this
Court. In para 7 he has stated that the security arrangement of the branch is joint responsibility, and the management is
to be looked after by the Branch Manager. Regarding lock etc. he has been cross-examine in para 9 of his statement. In
last para of his cross-examination of Sri K.S. Wadia has asserted that after the incident security guard was posted in the
branch.
16.
After having heard the intellect arguments of both the parties at length and perusal of the record available before
the Court, it is inferred neither the domestic enquiry was fair, nor the alleged punishment imposed on the workman was
just and proper. Lowering the pay of the workman by two lower stages, vide order dated 14.05.2004, can not be
8602
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
adjudged as legal and justified. The workman is entitled to get the genuine pay scale, as per rules, treating that the
impugned punishment order dated 14.05.2004 does not exist. Arrears shall be paid to him within ten weeks from the
date of notification of the award, failing which the management shall pay interest @ 6% per annum.
17.
Award as above.
LUCKNOW
08.09.2017
RAKESH KUMAR, Presiding Officer
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2536-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 15@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2536.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 15/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 15/2014
Between :
Sri V. Lakshminarayana,
S/o Late Dhana Raju,
D.No.MIG 2A, 103,
VUDA Colony, Vinayak Nagar,
Peda Gantyada,
Visakhapatnam
…Petitioner
AND
The Chief Material Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri V.
Lakshminarayana, against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay
together with interest at 24% per annum as agreed by the Respondent management.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8603
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001 as
W.K., M.M. Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam Port
Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent dated
11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
12th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri V. Lakshminarayana
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2537-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
8604
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 13@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2537.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 13/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 13/2014
Between :
Sri S. Jagdeeswara Rao,
S/o Late Ranga Rao,
Flat No. 370, Sri Seetharama Nilayam,
Vislakshinagar,
Visakhapatnam
…Petitioner
AND
The Chief Material Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri S. Jagdeeswara Rao, against
the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with interest at 24% per
annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service under
Voluntary Retirement Scheme on 30.6.2000. The Respondent had paid all the retirement benefits except three months notice
pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24% interest and such other
reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner established
his claim by filing his examination in chief affidavit proved some documents which have been marked as Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8605
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of retirement
order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 30.6.2000 as W.K., M.M. Department
under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam Port Trust Board Resolution dated
30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent dated 11.3.1999. The evidence of WW1 finds
support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as such the
evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner coupled with
Ex.W3, the circular of the Respondent, “to pay three months notice pay wherever necessary in the case of all the employees
who retired under Voluntary Retirement Scheme.”, Petitioner is entitled to get three months notice pay. Since, he has been
denied the said payment inspite of his requests, he is entitled for reasonable interest also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with interest
@ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by the Respondent to
the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the 12th day of
September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri S. Jagdeeswara Rao
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2538-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 1@2012) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-10-
2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2538.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 1/2012) of the Central Government Industrial Tribunal-cum-Labour
Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of Visakhapatnam Port
Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
8606
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 14th day of September, 2017
M.P. No. 1/2012
Between :
Sri B.V. Chandra Bob,
S/o Late John,
D.No. 1-104-16,
MVP Colony,
Visakhapatnam
…Petitioner
AND
The Traffic Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri B. V. Chandra Bob,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.5.2004. The Respondent had paid all the retirement benefits except the
three months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with
24% interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement pension order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.5.2004
as Head Assistant in T.M. Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the
Visakhapatnam Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by
the Respondent dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8607
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
14th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: B.V. Chandra Bob,
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement pension order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2539-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 12@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2539.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 12/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 12/2014
Between :
Sri V. Devaratnam,
S/o Late Basavaiah,
MIG 2A, 80, VUDA Colony,
Vinayak Nagar,
Peda Gantyada,
Visakhapatnam
…Petitioner
8608
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
AND
The Chief Material Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri V. Devaratnam,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001 as
S.S.K., M.M. Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam
Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent
dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
12th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8609
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri V. Devaratnam
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt. 30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt. 11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2540-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 11@2014) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2540.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 11/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 11/2014
Between :
Sri A. Veeraraju,
S/o Late Gurumurty,
Plot No. 355, D,No. 10-176-5/1/1,
II Floor, Visalakshi Nagar,
Visakhapatnam
…Petitioner
AND
The Chief Material Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
8610
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri A. Veeraraju,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 2.4.2004. The Respondent had paid all the retirement benefits except the three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 2.4.2004 as Ward
Keeper, M.M. Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam
Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent
dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
12th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri A. Veeraraju
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8611
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2541-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 10@2014) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2541.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 10/2014) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 10/2014
Between :
Sri M. Vasudeva Rao,
S/o Late Ramulu,
D.No. 49-53-18/1/1,
Balayyasastry Layout,
Visakhapatnam-13
…Petitioner
AND
The Chief Material Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri M. Vasudeva Rao,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except the
three months notice pay/ Hence, this petition is filed to direct the Respondent to pay three months notice pay with
24% interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
8612
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001 as DSK
in M.M. Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam Port
Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent dated
11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
12th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri M. Vasudeva Rao
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2542-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 8@2014) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2542.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 8/2014) of the Central Government Industrial Tribunal-cum-Labour
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8613
Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of Visakhapatnam Port
Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 12th day of September, 2017
M.P. No. 8/2014
Between :
Sri B. Bhaskara Rao,
S/o Late Satyanarayana,
D.No. 4-88-2/1, Yendada,
Rajeev Nagar, Rishikonda,
Visakhapatnam
…Petitioner
AND
The Chief Manager,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri B. Bhaskara Rao,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.1.2001. The Respondent had paid all the retirement benefits except the
three months notice pay/ Hence, this petition is filed to direct the Respondent to pay three months notice pay with
24% interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement pension order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.1.2001
as Kh[sh]., in CE Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam
Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent
dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
8614
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
12th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: B. Bhaskara Rao
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement pension order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2543-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 19@2012) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2543.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 19/2012) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 22nd day of August, 2017
M.P. No. 19/2012
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8615
Between :
Sri K. Kasi Viswanadha Rao,
D.No. 37-10-154, Ayyappa Nagar,
Muralinagar,
Visakhapatnam
…Petitioner
AND
The Chief Medical Engineer,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. B. Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri K Kasi
Viswanadha Rao, Ex. Sanitary Inspector, against the respondent, Visakhapatnam Port Trust, seeking for payment of
three months notice pay together with interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 30 years and retired from service
under Voluntary Retirement Scheme on 31.12.2000. While serving in the Respondent’s organization, he was deputed
to Yanbu in Saudi Arabia through Dredging Corporation of India for two years on contract basis and he was relieved
from service with effect from 20.8.1981. It is submitted that the Petitioner is entitled to leave salary at the rate of one
day for every twelve days of service at Yanbu and after completion of deputation period, he requested the concerned
authority to credit the same to his leave account. But it was in vain. He further submitted that his colleagues, by name,
Sir B. Krishna Rao, and B. Dhrama Raju, got the benefit of 60 days leave salary. Hence, this petition is filed to direct
the Respondent to pay 60 days leave salary as agreed upon with 24% interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W6.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W6 is the Photostat copy of pension
payment order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 13.5.1993 as Sr.
S.I., under voluntary retirement scheme. Ex.W2 is the copy of the order of deputation. Ex.W3 is the copy of the letter
of clarification given by DCI regarding leave salary. Ex.W4 is the copy of representation. Ex.W5 is the copy of legal
notice and Ex.W6 is the copy of reply notice. As can be seen from Ex.W3 it is clear that those who were deputed to
work at Yanbu for two years, are entitled to leave salary at the rate of one day for every twelve days of service at
Yanbu. The evidence of WW1 finds support from Ex.W1 to Ex.W6.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the letter of clarification given by Dredging Corporation of India regarding leave salary, the
Petitioner is entitled to get 60 days of leave salary. Since, he has been denied the said payment inspite of his requests,
he is entitled for reasonable interest also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay 60 days leave salary to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
8616
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
22nd day of August, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: K. Kasi Viswanadha Rao
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of pension payment order
Ex.W2
:
Photostat copy of Deputation order
Ex.W3
:
Photostat copy of clarification given by DCI
Ex.W4
:
Photostat copy of representation
Ex.W5
:
Photostat copy of legal notice
Ex.W6
:
photostat copy of reply notice
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2544-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 22@2012) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2544.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 22/2012) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 14th day of September, 2017
M.P. No. 22/2012
Between :
Sri M. Atchuta Rao,
Plot No. 2A, Gayatri Nagar,
P.M. Palem,
Visakhapatnam
…Petitioner
AND
The Manager (OP),
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8617
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri M. Atchuta Rao,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except the
three months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with
24% interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement pension order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001
as Head Assistant in Manager (OP) Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of
the Visakhapatnam Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued
by the Respondent dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
14th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Responden
WW1: Sri M. Atchuta Rao
NIL
8618
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2545-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 7@2011) dks izdkf'kr djrh gS tks dsUnzh; ljdkj dks 24-10-
2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2545.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 7/2011) of the Central Government Industrial Tribunal-cum-Labour
Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of Visakhapatnam Port
Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 13th day of September, 2017
M.P. No. 7/2011
Between :
Sri Venkata Krishanan. Rajagopalan
S/o Late Venkatakrishnan,
D.No.45-38-58, Jagannadhapuram,
Akkayyapalem,
Visakhapatnam
…Petitioner
AND
The Director, R & P,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri Venkata Krishanan.
Rajagopalan against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay
together with interest at 24% per annum as agreed by the Respondent management.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8619
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001 as Head
Asst. R & P Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the Visakhapatnam Port
Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by the Respondent dated
11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme..”, Petitioner is entitled to get three months
notice pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest
also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
13th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Venkata Krishanan. Rajagopalan
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2546-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj ikjknhi
iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd
8620
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
vf/dj.k@Je U;k;ky;] Hkqous'oj ds iapkV (lanHkZ la- 08@2016) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-10-2017 dks izkIr
gqvk FkkA
¹la- ,y&38011@03@2015&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2546.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 08/2016) of the Central Government Industrial Tribunal-cum-
Labour Court, Bhubaneswar as shown in the Annexure in the Industrial Dispute between the management of Paradip
Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-38011/03/2015-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT BHUBANESWAR
Present:
Shri B.C. Rath,
Presiding Officer, C.G.I.T.-cum-Labour
Court, Bhubaneswar.
INDUSTRIAL DISPUTE CASE NO. 08/2016
Date of Passing Award – 11th September, 2017
No. L-38011/03/2015-IR (B-II) dated : 5/13.01.2016
Between:
The Traffic Manager,
Traffic Department,
Paradip Port Trust, Paradip,
Dist. Jagatsinghpur, Odisha
…1st Party-Management
(And)
The General Secretary,
Paradip Port Workers’ Union, Badapadia,
Paradip Port, Dist. Jagatsinghpur, Odisha
…2nd Party-Union
Appearances :
None
…
For the 1st Party-Management.
None
…
For the 2nd Party-Union
ORDER
None appears on behalf of the Union on repeated calls. It is seen from the record that the case is lingering for the
last two years without any steps on behalf of the Union to file its statement of claim and neither the Union nor the
workman appeared for the last several adjournments. In the above back drop, it may be presumed that either the dispute
has been resolved amicably or the parties are not interested to pursue the same. Hence the Tribunal has no alternative
than returning the reference without any adjudication for non-appearance of the workman/Union and non-filing of the
statement of claim despite the reference being made in January, 2016 and the case having afforded fifteen
adjournments.
Dictated & Corrected by me.
B. C. RATH, Presiding Officer
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 1247-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8621
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 33@2011) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2547.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 33/2011) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 13th day of September, 2017
M.P. No. 33/2011
Between :
Sri M. Surya Rao,
S/o Late Appalanaidu,
D.No. 35-36-23,
Gavarakancharapalem,
Visakhapatnam
…Petitioner
AND
The Chief Mechanical Engineer,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Sri M. Surya Rao,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 35 years and retired from service
under Voluntary Retirement Scheme on 28.2.2001. The Respondent had paid all the retirement benefits except three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established his claim by filing his examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
8622
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 28.2.2001 as Fitter
Gr.II, OHC, CME Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the
Visakhapatnam Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by
the Respondent dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme.”, Petitioner is entitled to get three months notice
pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest also.
This point is answered accordingly.
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
13th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondent
WW1: Sri M. Surya Rao
NIL
Documents marked for the Petitioner/Workman
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
ubZ fnYyh] 24 vDrwcj] 2017
dk-vk- 2548-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh /kjk 17 ds vuqlj.k esa dsUnzh; ljdkj
fo'kk[kkiVue iksVZ VªLV ds izca/ra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/ esa fufnZ"V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/dj.k@Je U;k;ky;] gSnjkckn ds iapkV (lanHkZ la- 34@2011) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 24-
10-2017 dks izkIr gqvk FkkA
¹la- ,y&39025@01@2010&vkbZvkj (ch&II)º
jfo dqekj] vuqHkkx vf/dkjh
New Delhi, the 24th October, 2017
S.O. 2548.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 34/2011) of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad as shown in the Annexure in the Industrial Dispute between the management of
Visakhapatnam Port Trust and their workmen, received by the Central Government on 24.10.2017.
[No. L-39025/01/2010-IR (B-II)]
RAVI KUMAR, Section Officer
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % vDrwcj 28] 2017@dk£rd 6] 1939
8623
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated : the 13th day of September, 2017
M.P. No. 34/2011
Between :
Smt. Ch. Savitri,
D.No. 16-59/A,
Bank of India Colony,
Prahladapuram,
Visakhapatnam
…Petitioner
AND
The Director, R & P,
Visakhapatnam Port Trust,
Visakhapatnam
…Respondent
Appearances :
For the Petitioner
:
Sri M. Babji Rao, Advocate
For the Respondent
:
None
ORDER
This petition under Sec.33 C(2) of the Industrial Disputes Act, 1947 is filed by petitioner Smt.Ch. Savitri,
against the respondent, Visakhapatnam Port Trust, seeking for payment of three months notice pay together with
interest at 24% per annum as agreed by the Respondent management.
2.
The contentions of the Petitioner in brief are as follows:-
The Petitioner has served under the Respondent’s organization for more than 25 years and retired from service
under Voluntary Retirement Scheme on 31.3.2001. The Respondent had paid all the retirement benefits except three
months notice pay. Hence, this petition is filed to direct the Respondent to pay three months notice pay with 24%
interest and such other reliefs.
3.
Having received the notice of this petition the Respondent remained absent and was set ex-parte. Petitioner
established her claim by filing her examination in chief affidavit proved some documents which have been marked as
Ex.W1 to W3.
4.
Heard the Petitioner.
5.
The Point that arise for determination:-
Whether the Petitioner is entitled for the relief sought for?
6.
Point:- The workman is examined as WW1 and proved Ex.W1 to Ex.W3. Ex.W1 is the Photostat copy of
retirement order of the Petitioner which establishes that the Petitioner has retired from service w.e.f. 31.3.2001 as
Sr.Assistant, R & P Department under voluntary retirement scheme. Ex.W2 is the Photostat copy of the
Visakhapatnam Port Trust Board Resolution dated 30.10.1991. Ex.W3 is the photostat copy of the circular issued by
the Respondent dated 11.3.1999. The evidence of WW1 finds support from Ex.W1 to Ex.W3.
7.
The above discussed documents and the evidence of the Petitioner as WW1 substantiates the contentions of the
Petitioner. The Respondents remained absent on the date of hearing and failed to adduce any rebuttal evidence and as
such the evidence of the workman remained unchallenged. Considering the unchallenged testimony of the Petitioner
coupled with Ex.W3, the circular of the Respondent, “ to pay three months notice pay wherever necessary in the case
of all the employees who retired under Voluntary Retirement Scheme.”, Petitioner is entitled to get three months notice
pay. Since, he has been denied the said payment inspite of his requests, he is entitled for reasonable interest also.
This point is answered accordingly.
8624
THE GAZETTE OF INDIA : OCTOBER 28, 2017/KARTIKA 6, 1939
[PART II—SEC. 3(ii)]
Result:
In the result, petition is allowed. Respondent shall pay three months notice pay to the Petitioner together with
interest @ 6% p.a. from the date of filing of this petition till the date of realization. The said amount shall be paid by
the Respondent to the Petitioner within one month from the date of this order.
Ordered accordingly.
Typed to my dictation by Personal Assistant, transcribed by her corrected and pronounced by me on this the
13th day of September, 2017.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the Petitioner
Witnesses examined for the Respondents
WW1: Smt. Ch. Savitri
NIL
Documents marked for the Petitioner
Ex.W1
:
Photostat copy of retirement order
Ex.W2
:
Photostat copy of Visakhapatnam Port Trust Board resolution dt.30.10.91
Ex.W3
:
Photostat copy of circular issued by the Respondent dt.11.3.99
Documents marked for the Respondent
NIL
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.
RAKESH
SUKUL
Digitally signed by
RAKESH SUKUL
Date: 2017.11.27 20:08:57
+05'30'