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

प्राध्किार से प्रकाशित

PUBLISHED BY AUTHORITY

साप्ताहिक WEEKLY

सं. 46] नई दिल्ली, नवम्बर 12—नवम्बर 18, 2017, शनिवार/कार्तिक 21—कातक 27, 1939

No. 46] NEW DELHI, NOVEMBER 12—NOVEMBER 18, 2017, SATURDAY/KARTIKA 21—KARTIKA 27, 1939

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

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

भाग II—खण्ड 3—उप-खण्ड ;iiद्ध

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

वित्त मंत्रालयवित्त मंत्रालयवित्त मंत्रालयवित्त मंत्रालय

((((वित्तीय सेवाएं विभागवित्तीय सेवाएं विभागवित्तीय सेवाएं विभागवित्तीय सेवाएं विभाग))))

नई दिल्ली, 10 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2617261726172617....————भारतीय निर्यात-आयात बैंक अधिनियम, 1981 (1981 का 28) की धारा 6 की उप-धारा (1) के खंड (ड.) के उप-खंड (i) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, के न्*ीय सरकार, एत,ारा, -ी अमर सिन्हा के स्थान पर विदेश मंत्रालय में सचिव (ईआर) -ी विजय के शव गोखले (आईएफएस: 1981) को अगले आदेशों तक भारतीय निर्यात-आयात बैंक (एक्जिम बैंक) के निदेशक म>डल में निदेशक के रूप में नामित करती है।

[फा.सं. 9/16/2012-आईएफ-I]

सौम्यजित घोष, अवर सिचव

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 10th November, 2017

S.O. 2617.—In exercise of the powers conferred by Sub-Clause (i) of Clause (e) of sub-section (1) of Section 6 of the Export Import Bank of India Act, 1981 (28 of 1981), the Central Government hereby nominates Sh. Vijay Keshav Gokhale (IFS: 1981), Secretary (ER), Ministry of External Affairs as Director on the Board of Directors of Export Import Bank of India (EXIM Bank) vice Sh. Amar Sinha until further orders.

[F. No. 9/16/2012-IF-I]

SOUMYAJIT GHOSH, Under Secy.

6551 GI/2017

(8785)8786 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

विदेश मंत्राालय

;सी.पी.वी. प्रभागद्ध

नई दिल्ली, 6 नवम्बर, 2017

का.आ. 2618.—राजनयिक और कोंसुलीय अध्किारी ;शपथ एवं पफीसद्ध के अध्निियम, 1948 ;1948 का 41द्ध की धरा 2 के ख्ांड ;कद्ध के अनुसरण में वैधानिक आदेश ।

एतद्‌द्वारा, केंद्र सरकार भारत के दूतावास, रियाद में श्री मोहम्मद अली जौहर, सहायक अनुभाग अध्किारी, श्री राजीव रंजन, सहायक अनुभाग अध्किारी और श्री अरुण प्रकाश शर्मा, सहायक अनुभाग अध्किारी को दिनांक 6 नवम्बर, 2017 से सहायक कोंसुलर अध्किारी के तौर पर कोंसुलर सेवाओं के निर्वहन के लिए प्राधिकृत करती है ।

[सं. टी-4330/01/2016]

प्रकाश चन्द, निदेशक ;कोंसुलरद्ध

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 6th November, 2017

S.O. 2618.—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 the following officers in Embassy of India, Riyadh to perform the Consular services with effect from 6th November, 2017.

[No. T-4330/01/2016]

PRAKASH CHAND, Director (Consular)

विद्युत मंत्राालय

नई दिल्ली, 13 नवम्बर, 2017

का.आ. 2619.—केंद्रीय सरकार, राजभाषा ;संघ के शासकीय प्रयोजनों के लिए प्रयोगद्ध नियम, 1976 के नियम 10 के उपनियम ;4द्ध के अनुसरण में, विद्युत मंत्राालय के प्रशासनिक नियंत्राणाध्ीन पावर ग्रिड कारपोरेशन ऑपफ इंडिया लिमिटेड के 400/132 के.वी. उपकेंद्र बाँका, ग्राम व पोस्ट ऑपिफस - खड़हरा, थाना - बाराहाट, भागलपुर - हंसडीहा राज्य उच्च पथ-19, जिला - बाँका-813103 जिसके 80 प्रतिशत कर्मचारीवृंद ने हदी का कार्यसाध्क ज्ञान प्राप्त कर लिया है, को एतद्‌द्वारा अधिसूचित करती है ।

[सं. 11011/9/2017-हदी]

भारती, संयुक्त सचिव

MINISTRY OF POWER

New Delhi, the 13th November, 2017

S.O. 2619.—In pursuance of Sub-rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the Union) Rules, 1976, the Central Government hereby notify the 400/132 KV Banka Sub-station, Vill+PO – Kharhara, Thana – Barahat, Bhagalpur – Hansdiha State Highway-19, Dist. Banka-813103 of the Power Grid Corporation of India Ltd. under the Administrative control of Ministry of Power, where 80% of the staff have acquired working knowledge of Hindi.

[No. 11011/9/2017- Hindi]

BHARATI, Jt. Secy.

dks;yk ea=ky;

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2620-&dsUnzh ljdkj us dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 7 dh mi&/kkjk ¼1½ ds v/khu tkjh Hkkjr ljdkj ds dks;yk ea=ky; dh vf/klwpuk la[;k dk-vk- 1253] rkjh[k 19 ebZ] 2017 tks Hkkjr ds jkti=] Hkkx II] [k.M 3] mi&[k.M ¼ii½ rkjh[k 20 ebZ] 2017 esa izdkf'kr dh xbZ Fkh] ml vf/klwpuk }kjk layXu vuqlwph esa fofufnZ"V ifj{ks= dh 272-358 gsDVj ¼yxHkx½ ;k 672-99 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa ;k ,slh Hkwfe ij ds lHkh vf/kdkjksa dk vtZu djus ds vius vk'k; dh lwpuk nh Fkh;

vkSj] l{ke izkf/kdkjh us mDr vf/kfu;e dh /kkjk 8 ds vuqlj.k esa dsUnzh; ljdkj dks viuh fjiksVZ ns nh gS;

vkSj] dsUnzh; ljdkj dks iwoksZDr fjiksVZ ij fopkj djus ds i'pkr~ vkSj NRrhlx<+ ljdkj ls iqu% ijke'kZ djus ds i'pkr~ ;g lek/kku gks x;k gS fd blls layXu vuqlwph esa of.kZr 267-358 gsDVj ¼yxHkx½ ;k 660-64 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa ;k ,slh Hkwfe ij ds lHkh vf/kdkj vftZr fd, tkus pkfg, ;

vr%] vc] dsUnzh; ljdkj mDr vf/kfu;e dh /kkjk 9 dh mi&/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] ;g ?kks"k.kk djrh gS fd blls layXu vuqlwph esa of.kZr 267-358 gsDVj ¼yxHkx½ ;k 660-64 ,dM+ ¼yxHkx½ eki okyh Hkwfe esa ;k ,slh Hkwfe ij ds lHkh vf/kdkj vftZr fd, tkrs gaSA

bl vf/klwpuk ds vUrxZr vkus okys {ks= ds js[kkad la[;k ,lbZlh,y@ch,lih@th,e¼ih,yth½@Hkwfe@517] rkjh[k 28 vxLr] 2017 dk fujh{k.k dysDVj] ftyk dksfj;k ¼NRrhlx<+½ ds dk;kZy; esa ;k dks;yk fu;a=d] 1] dkamfly gkml LVªhV] dksydkrk & 700001 ds dk;kZy; esa ;k lkmFk bZLVuZ dksyQhYM~l fyfeVsM ¼jktLo vuqHkkx½ lhir jksM] fcykliqj & 495006 ¼NRrhlx<+½ ds dk;kZy; esa fd;k tk ldrk gSA

vuqlwph

fpfjfejh vkslh,e] fpfjfejh {ks=]

ftyk& dksfj;k ¼NRrhlx<+½

¼{ks= dh js[kkad la[;k ,lbZlh,y@ch,lih@th,e¼Ikh,yth½@Hkwfe@517] rkjh[k 28 vxLr] 2017½

lHkh vf/kdkj%

¼d½ jktLo Hkwfe %

¼[k½ ou Hkwfe %

dqy ;ksx ¼d$[k½% 267-358 gsDVj ¼yxHkx½ ;k 660-64 ,dM+ ¼yxHkx½8788 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] 1- xzke fpfjfejh ¼Hkkx½ esa vftZr fd, x, IykV la[;k% 3/1¼Hkkx), 7@1] 11@1] 17@1] 18@1] 19@1] 20@1] 36@1 ls 36@3] 36@5 ls 36@11] 37 ls 44] 46@3] 50@1] 50@2] 51] 52] 53@1] 53@2] 54 ls 56] 57@2] 68@1] 69@1 ls 69@8] 69@9d] 69@9@[k@1] 69@9@[k@2] 69@10] 69@12] 70@1] 71@1] 72@1] 115@1] 120@1] 121] 122] 123@1] 123@14] 123@15] 124 ls 126] 127@1] 127@2] 128] 129@1] 129@2] 131 ls 138] 139@1 ls 139@4] 140] 141@1] 141@2] 142] 143@1] 143@1@d] 143@1@[k] 143@1@x] 143@1@?k] 143@2] 143@3] 144 ls 148] 150@1 ls 150@3] 150@6 ls 150@9] 151@1 ls 151@11] 152 ls 155] 156@1 ls 156@4] 157 ls 160] 161@3] 162] 163@1] 163@3] 164@1] 164@4-

2- xzke HkaMkjnsbZ ¼Hkkx½ esa vftZr fd, x, IykV la[;k% 45@3] 103] 105@3] 108@1] 108@2@d] 108@2@[k] 112] 113@1] 113@2] 114@1] 114@2] 115@1 ls 115@3] 116@1] 116@2] 117] 118] 119@2] 120@1] 120@2] 121@1] 121@2] 122 ls 126-

3- xzke HkqdHkqdh ¼Hkkx½ esa vftZr fd, x, IykV la[;k% 37] 38] 287-

lhek o.kZu %

Cykd & 1 %

d&[k js[kk fcUnq **d** ls vkjaHk gksrh gS vkSj vkjf{kr ou ds dEikVZesaV la[;k 549 ls gksdj 549 ds Hkkxr% mRrjh lhek ls gksrh gqbZ] IykV la[;k 120@1] 120@2 ls gksdj 121@2] 119@2 ds mRrjh lhek] 103 ds if'peh ,oa iwohZ lhek] 113@1] 113@2 ds mRrjh lhek ls gksrh gqbZ fcUnq **[k** ij feyrh gSA

[k&x js[kk fcUnq **[k** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 114@2 ds if'peh lhek] dEikVZesaV la[;k 550 ls gksdj] 550 ds mRrjh lhek ls gksrh gqbZ fcUnq **x** ij feyrh gSA

x&?k js[kk fcUnq **x** ls vkjaHk gksrh gS vkSj xzke HkqdHkqdh ds IykV la[;k 287 ds if'peh lhek ls gksdj xzke fpfjfejh esa izos'k dj IykV la[;k 36@11] 36@1] 36@2] 44] 46@3] 130] 50] 50@2] 57@2] 69] 70 ds if'peh lhek ls gksrh gqbZ 71] 72 ] 3@1] 17 ls gksdj 18@1 ds nf{k.kh lhek ls gksrh gqbZ fcUnq **?k** ij feyrh gSA

?k&³ js[kk fcUnq **?k** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 181 ds if'peh ,oa mRrjh lhek] 3@1 ds mRrjh ,oa iwohZ lhek] 72] 71] 70 ls gksrh gqbZ fcUnq **³** ij feyrh gS A

³&p js[kk fcUnq **³** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 117@1] 115] 120@3] 165] 151@9] 151@1] 150@1 ls gksdj 150@4 ds nf{k.kh lhek] 149 vkSj xzke fpfjfejh&HkqdHkqdh ds Hkkxr% lfEefyr lhek ls gksrh gqbZ fcUnq **p** ij feyrh gSA

p&N js[kk fcUnq **p** ls vkjaHk gksrh gS vkSj xzke HkqdHkqdh ds IykV la[;k 287 ls gksdj 38 ds iwohZ lhek ls gksrh gqbZ vkjf{kr ou dEikVZesaV la[;k 549 ls gksrh gqbZ fcUnq **N** ij feyrh gSA

N&d js[kk fcUnq **N** ls vkjaHk gksrh gS vkSj vkjf{kr ou ds dEikVZesaV la[;k 549 ls gksdj xzke HkaMkjnsbZ ds IykV la[;k 126] 124 ds nf{k.kh lhek] dEikVZesaV la[;k 549 ls xqtjrh gqbZ vkjafHkd fcUnq **d** ij feyrh gSA

Cykd & 2%

t&> js[kk fcUnq **t** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 7 ds mRrjh lhek ls xqtjrh gqbZ fcUnq **>** ij feyrh gSA

>&´ js[kk fcUnq **t** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 7 ds nf{k.kh lhek ls xqtjrh gqbZ fcUnq **>** ij feyrh gSA

´&t js[kk fcUnq **t** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 7 ds if'peh lhek ls xqtjrh gqbZ vkjafHkd fcUnq **t** ij feyrh gSA

Cykd & 3%

V&B js[kk fcUnq **t** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 11 ds iwohZ lhek ls xqtjrh gqbZ fcUnq **B** ij feyrh gSA

B&M js[kk fcUnq **B** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 11 ds nf{k.kh lhek ls xqtjrh gqbZ fcUnq **M** ij feyrh gSA[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8789 M&V js[kk fcUnq **M** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 11 ds if'peh ,oa mRrjh lhek ls xqtjrh gqbZ vkjafHkd fcUnq **V** ij feyrh gSA

Cykd & 4 %

<&.k js[kk fcUnq **<** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 36@6 ds mRrjh] 36@6] 36@7] 36@5 ds iwohZ lhek ls xqtjrh gqbZ fcUnq **.k** ij feyrh gSA

.k&r js[kk fcUnq **.k** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 36@5] 36@3 ds nf{k.kh lhek] 36@3 ds if'peh lhek ls xqtjrh gqbZ fcUnq **r** ij feyrh gSA

r&< js[kk fcUnq **r** ls vkjaHk gksrh gS vkSj xzke fpfjfejh ds IykV la[;k 36@3] 36@6 ds if'peh lhek ls gksrh gqbZ vkjafHkd fcUnq **<** ij feyrh gSA

Cykd & 5 %

Fk&n js[kk fcUnq **Fk** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 108@2[k] 108@1] 105@3 ds iwohZ] 105@3 ds nf{k.kh lhek ls xqtjrh gqbZ fcUnq **n** ij feyrh gSA

n&/k js[kk fcUnq **n** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 108@2d ds nf{k.kh ,oa if'peh lhek ls xqtjrh gqbZ fcUnq **/k** ij feyrh gSA

/k&Fk js[kk fcUnq **/k** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 108@2d] 108@2[k ds mRrjh lhek ls xqtjrh gqbZ vkjafHkd fcUnq **Fk** ij feyrh gSA

Cykd & 6 %

u&i js[kk fcUnq **u** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 45@3 ds nf{k.kh vkSj if'peh lhek ls xqtjrh gqbZ fcUnq **i** ij feyrh gSA

i&Q js[kk fcUnq **i** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 45@3 ds mRrjh lhek ls xqtjrh gqbZ fcUnq **Q** ij feyrh gSA

Q&u js[kk fcUnq **Q** ls vkjaHk gksrh gS vkSj xzke HkaMkjnsbZ ds IykV la[;k 45@3 ds iwohZ lhek ls xqtjrh gqbZ vkjafHkd fcUnq **u** ij feyrh gSA

[Qk- la- 43015@19@2016&,y, ,.M vkbZvkj]

vkj- ,l- ljkst] voj lfpo

MINISTRY OF COAL

New Delhi, the 9th November, 2017

S.O. 2620.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 1253, dated the 19th May, 2017 issued under sub-section (1) of section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act) and published in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 20th May, 2017, the Central Government gave notice of its intention to acquire all rights in or over such land measuring 272.358 hectares (approximately) or 672.99 acres (approximately) in the locality specified in the Schedule appended to that notification;

And whereas, the competent authority in pursuance of section 8 of the said Act has made his report to the Central Government;

And whereas, the Central Government after considering the aforesaid report and after consulting the Government of Chhattisgarh, is satisfied that the lands measuring 267.358 hectares (approximately) or 660.64 acres (approximately) and all rights in or over such lands as described in Schedule appended hereto, should be acquired;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9 of the said Act, the Central Government hereby declares that the land measuring 267.358 hectares (approximately) or 660.64 acres (approximately) and all rights in or over such lands as described in Schedule are hereby acquired.

The plan bearing number SECL/BSP/GM(PLG)/LAND/ 517, dated the 28th August, 2017 of the area covered by this notification may be inspected in the office of the Collector, District Korea (Chhattisgarh) or in the office of the Coal Controller, 1, Council House Street, Kolkata – 700001 or in the office of the South Eastern Coalfield Limited (Revenue Section), Seepat Road, Bilaspur-495006 (Chhattisgarh).

SCHEDULE

Chirimiri OCM, Chirimiri Area,

District – Korea (Chhattisgarh)

( Plan bearing number SECL/ BSP/ GM(PLG)/ LAND/ 517, dated the 28th August, 2017)

All Rights:

A. Revenue Land:

B. Forest Land:

Grand Total (A+B)= 267.358 hectares (approximately)

or 660.64 acres (approximately)

1. Plot numbers acquired in village Chirimiri (Part): 3/1(P), 7/1, 11/1, 17/1, 18/1, 19/1, 20/1, 36/1 to 36/3, 36/5 to 36/11, 37 to 44, 46/3, 50/1, 50/2, 51, 52, 53/1, 53/2, 54 to 56, 57/2, 68/1, 69/1 to 69/8, 69/9Ka, 69/9/Kha/1, 69/9/Kha/2, 69/10, 69/12, 70/1, 71/1, 72/1, 115/1, 120/1, 121, 122, 123/1, 123/14, 123/15, 124 to 126, 127/1, 127/2, 128, 129/1, 129/2, 131 to 138, 139/1 to 139/4, 140, 141/1, 141/2, 142, 143/1, 143/1/Ka, 143/1/Kha, 143/1/Ga, 143/1/Gha, 143/2, 143/3, 144 to 148, 150/1 to 150/3, 150/6 to 150/9, 151/1 to 151/11, 152 to 155, 156/1 to 156/4, 157 to 160, 161/3, 162, 163/1, 163/3, 164/1, 164/4.

2. Plot numbers acquired in village Bhandardei (Part): 45/3, 103, 105/3, 108/1, 108/2/Ka, 108/2/Kha, 112, 113/1, 113/2, 114/1, 114/2, 115/1 to 115/3, 116/1, 116/2, 117, 118, 119/2, 120/1, 120/2, 121/1, 121/2, 122 to 126.

3. Plot numbers acquired in village Bhukbhuki (Part): 37, 38, 287.

Boundary description:

Block – 1:

A-B Line starts from point 'A' and passes in Reserve Forest through compartment number 549, along partly northern boundary of 549, through plot number 120/1, 120/2, along partly northern boundary of 121/2, 119/2, western, northern and eastern boundary of plot number 103, northern boundary of 113/1, 113/2 and meets at point 'B'.

B-C- Line starts from point 'B' and passes in village Bhandardei along western boundary of plot number 114/2, through compartment number 550, along northern boundary of compartment number 550 and meets at point 'C'.

C-D Line starts from point 'C' and passes in village Bhukbhuki along western boundary of plot number 287 then enter in village Chirimiri and passes along western boundary of plot number 36/11, 36/1, 36/2, 44, 46/3, 130, 50, 50/2, 57/2, 69, 70, through 71, 72, 3/1, 17, along southern boundary of 18/1 and meets at point 'D'.

D-E Line starts from point 'D' and passes in village Chirimiri along western and northern boundary of plot number 181, northern and eastern boundary of 3/1, through 72, 71, 70 and meets at point 'E'.

E-F Line starts from point 'E' and passes in village Chirimiri through plot number 117/1, 115, 120/3, 165, 151/9, 151/1, 150/1, along southern boundary of 150/4, through 149, partly common boundary of villages Chirimiri-Bhukbhuki and meets at point 'F'.

F-G Line starts from point 'F' and passes in village Bhukbhuki through plot number 287, along eastern boundary of 38, through compartment number 549 of Reserve Forest and meets at point 'G'.

G-A Line starts from point 'G' and passes through Reserve Forest compartment number 549, along southern boundary of plot number 126, 124 of village Bhandardei, through compartment number 549 and meets at starting point 'H'.

Block – 2 :

H-I Line starts from point 'H' and passes in village Chirimiri along northern boundary of plot number 7 and meets at point 'I'.

I-J Line starts from point 'I' and passes in village Chirimiri along southern boundary of plot number 7 and meets at point 'J'.

J-H Line starts from point 'J' and passes in village Chirimiri along western boundary of plot number 7 and meets at starting point 'H'.

Block – 3 :

K-L Line starts from point 'K' and passes in village Chirimiri along eastern boundary of plot number 11 and meets at point 'L'.

L-M Line starts from point 'L' and passes in village Chirimiri along southern boundary of plot number 11 and meets at point 'M '.

M-K Line starts from point 'M' and passes in village Chirimiri along western boundary of plot number 11 and meets at starting point 'K'.

Block – 4 :

N-O Line starts from point 'N' and passes in village Chirimiri along northern boundary of plot number 36/6, eastern boundary of 36/6, 36/7, 36/5 and meets at point 'O'.

O-P Line starts from point 'O' and passes in village Chirimiri along southern boundary of plot number 36/5, 36/3, western boundary of 36/3 and meets at point 'P'.

P-N Line starts from point 'P' and passes in village Chirimiri along western boundary of plot number 36/3, 36/6 and meets at starting point 'N'.

Block – 5:

Q-R Line starts from point 'Q' and passes in village Bhandardei along eastern boundary of plot number 108/2Kha, 108/1, 105/3, southern boundary of 105/3 and meets at point 'R'.

R-S Line starts from point 'R' and passes in village Bhandardei along southern and western boundary of plot number 108/2Ka and meets at point 'S'.

S-Q Line starts from point 'S' and passes in village Bhandardei along northern boundary of plot number 108/2Ka, 108/2Kha and meets at starting point 'Q'.

Block – 6 :

T-U Line starts from point 'T' and passes in village Bhandardei along southern and western boundary of plot number 45/3 and meets at point 'U'.

U-V Line starts from point 'U' and passes in village Bhandardei along northern boundary of plot number 45/3 and meets at point 'V'.

V-T Line starts from point 'V' and passes in village Bhandardei along eastern boundary of plot number 45/3 and meets at starting point 'T'.

[F. No. 43015/19/2016-LA&IR]

R. S. SAROJ, Under Secy.

नई दिल्ली, 10 नवम्बर, 2017

काकाकाका....आ. आ. आ. आ. 2621262126212621....————के न्*ीय सरकार के कोयला धारक क्षेत्र (अर्जन और विकास) अधिनियम,1957 (1957 का 20) (िजसे इसके पHात् उक्त अधिनियम कहा गया है) की धारा 7 की उप-धारा (1) के अधीन जारी भारत के राजपत्र, भाग II, खंड 3, उप-खंड ( ii), तारीख 4 जुलाई, 2017 में प्रकाशित, भारत सरकार के कोयला मंत्रालय की अधिसूचना संख्यांक का.आ. 2097(अ), तारीख 03 जुलाई, 2017 द्वारा प्रकाशित, उस अधिसूचना में संलO अनुसूची में विनिQदष्ट 7.45 हेक्टेयर (लगभग) अथवा 18.41 एकड़ (लगभग) परिक्षेत्र की भूमि में या उस पर के सभी अधिकार का अर्जन के अपने आशय की सूचना दी थी;

और सक्षम प्राधिकारी ने उक्त अधिनियम की धारा 8 के अनुसरण में के न्*ीय सरकार को अपनी रिपोर्ट दे दी है;

और के न्*ीय सरकार का, उपयु र्क्त रिपोर्ट पर विचार करने के पHात् और झारखंड सरकार से परामर्श करने के पHात यह समाधान हो गया है कि इससे संलO अनुसूची में यथा विनिQदष्ट 7.45 हेक्टेयर (लगभग) अथवा 18.41 एकड़ (लगभग), माप वाली भूिम के सभी अधिकार का अर्जन किया जाना चाहिए।

अतः, अब, के न्*ीय सरकार उक्त अधिनियम की धारा 9 की उप-धारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए घोषणा

करती है कि इससे संलO अनुसूची में विनिQदष्ट 7.45 हेक्टेयर (लगभग) अथवा 18.41 एकड़ (लगभग), माप वाली भूमि में या उस पर के

सभी अधिकार अ[जत किए जाते हैं।

इस अधिसूचना के अधीन आने वाले क्षेत्र के रेखांक संख्यांक आरईवी/10/2017, तारीख 06 अक्तूबर, 2017 का निरीक्षण उपायुक्त, िजला बोकारो, झारख>ड के कार्यालय में या कोयला नियंत्रक,1, काउं सिल हाउस स्ट्रीट, कोलकाता- 700001 के कार्यालय में या महाप्रबंधक, ढोरी क्षेत्र, जिला बोकारो (झारखंड) या महाप्रबंधक, भूमि और राजस्व, सेंट्रल कोलफील्_स लिमिटेड, दरभंगा हाउस, राँची- 834001 (झारखंड) या मुख्य महाप्रबंधक (खोज प्रभाग), सेंट्रल माइन प्लानिग ए>ड डिजाइन इन्स्टीcयूट िलिमटेड, गोंडवाना पैलेस, कांके रोड, राँची- 834008 (झारखंड) के कार्यालय में किया जा सकता है।

अनुसूचीअनुसूचीअनुसूचीअनुसूची

सेलेक्टेड ढोरी खुली खदान खान

िजला बोकारो (झारखंड)

( क्षेत्र की रेखांक संख्यांक आरईवी/10/2017, तारीख 6 अक्तूबर, 2017 )

सभी अिधकार:

(cid:1)ाम तुरियो में अ(cid:13)जत की गई भूमि की प्लॉट संख्या : 01(भाग). : 01(भाग). : 01(भाग). : 01(भाग). (cid:1)ाम तुरियो में अ(cid:13)जत की गई भूमि की प्लॉट संख्या (cid:1)ाम तुरियो में अ(cid:13)जत की गई भूमि की प्लॉट संख्या (cid:1)ाम तुरियो में अ(cid:13)जत की गई भूमि की प्लॉट संख्या[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8793 सीमा वर्णन:सीमा वर्णन:सीमा वर्णन:सीमा वर्णन:

क-ख-ग-घ-ङ-च-छ - रेखा, प्लॉट संख्या 01 के भीतर बिन्दु 'क' से प्रारंभ होकर प्लाट संख्या 01 के भीतर

बिन्दु 'ख', 'ग', 'घ', 'ङ' और 'च' से होते 'ए बिन्दु 'छ' पर िमलती है ।

छ-ज-झ-ञ-ट-ठ - रेखा, बिन्दु 'छ' से 'ठ' तक प्लॉट संख्यांक 308, 298, 294, 293, 285, 284 और

283 की सीमा रेखा से होते 'ए बिन्दु 'ठ' पर िमलती है ।

ठ-ड-ढ-ण-त-थ-द-ध-न-प-फ-ब-क - रेखा, बिन्दु 'ठ' से 'ब' तक प्लॉट संख्यांक 273, 25, 23, 21, 20, 19, 18, 17, 16,

15, 11, 10 और 9 की सीमा रेखा से होते 'ए प्लॉट संख्या 01 के भीतर प्रारम्भिक

बिन्दु 'क' पर िमलती है।

[ फा.सं. 43015/10/2017-एलए ए>ड आईआर ]

आर. एस. सरोज, अवर सिचव

New Delhi, the 10th November,2017

S.O. 2621.—Whereas by the notification of the Government of India in the Ministry of Coal vide S.O. 2097(E), dated the 3rdJuly, 2017, issued under sub-section (1) of section 7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act) and published in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 4thJuly, 2017, the Central Government gave notice of its intention to acquire the all rights in and over the land measuring 7.45 hectares(approximately) or 18.41 acres (approximately) in the locality specified in the Schedule appended to that notification;

And whereas, the competent authority in pursuance of section 8 of the said Act has made his report to the Central Government;

And whereas, the Central Government after considering the report aforesaid and after consulting the Government of Jharkhand is satisfied that the all rights in and over land measuring 7.45 hectares (approximately) or 18.41 acres (approximately), described in the Schedule appended hereto should be acquired;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9 of the said Act, the Central Government hereby declares that all rights in and over land measuring 7.45 hectares (approximately) or 18.41 acres (approximately), described in the Schedule annexed hereto are hereby acquired.

The plan bearing number REV/10/2017, dated the 6th October, 2017 of the area covered by this notification may be inspected in the Office of the Deputy Commissioner, District -Bokaro, Jharkhand or at the Office of Coal Controller, 1, Council House street, Kolkata -700001 or in the Office of the General Manager, Dhori Area, District Bokaro, Jharkhand or General Manager, Land and Revenue, Central Coalfields Limited, Darbhanga House, Ranchi- 834001, Jharkhand or Chief General Manager(Exploration Division), Central Mine Planning and Design Institute Limited, Gondwana Palace, Kanke Road, Ranchi - 834008, Jharkhand.

SCHEDULE

Selected Dhori Opencast Mine

District- Bokaro (Jharkhand)

[Plan bearing number Rev/10/2017, dated the 6th October, 2017]

All Rights :

Plot number acquired in village Turio: 01(P).

Boundary Description:

A-B-C-D-E-F-G

: Line starts from point 'A' within plot number 01 and passes through points

'B', 'C', 'D', 'E', and 'F' and meets at point 'G' within plot number 01.

G-H-I-J-K-L

: Line passes through points 'G' to 'L' through boundary line of plot numbers

308, 298, 294, 293, 285, 284 and 283 and meets at point 'L'.

L-M-N-O-P-Q-R-S-T-U-V-W-A : Line passes through points 'L' to 'W' through boundary line of plot numbers

273, 25, 23, 21, 20, 19, 18, 17, 16, 15, 11, 10 and 9 and meets at starting

point 'A' within the plot number 01.

[F. No. 43015/19/2017-LA&IR]

R. S. SAROJ, Under Secy.

ubZ fnYyh] 15 uoEcj] 2017

dk-vk- 2622-&dsUnzh ljdkj us dks;yk /kkjd {ks= ¼vtZu vkSj fodkl½ vf/kfu;e] 1957 ¼1957 dk 20½ ¼ftls blesa blds i'pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 4 dh mi&/kkjk ¼1½ ds v/khu Hkkjr ljdkj esa dks;yk ea=ky; ds }kjk tkjh dh xbZ vf/klwpuk la[;k dk-vk- 2208 ¼v½] rkjh[k 12 tqykbZ] 2017] tks Hkkjr ds jkti=] Hkkx II] [kaM 3] mi&[kaM ¼ii½] rkjh[k 13 tqykbZ] 2017 esa izdkf'kr dh xbZ Fkh] mDr vf/klwpuk esa layXu vuqlwph esa fofufnZ"V ifj{ks= dh Hkwfe esa ftldk eki 1252-447 gsDVj ¼yxHkx½ ;k 3094-79 ,dM+ ¼yxHkx½ gS] dks;ys dk iwosZ{k.k djus ds vius vk'k; dh lwpuk nh Fkh;

vkSj dsUnzh; ljdkj dk ;g lek/ku gks x;k gS fd bl vf/klwpuk esa mikc) vuqlwph esa fofgr dh xbZ mDr Hkwfe esa dks;yk vfHkizkIr gS;

vr% vc] dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 7 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfDr;ksa dk iz;ksx djrs gq, blls layXu vuqlwph esa of.kZr 1252-447 gsDVj ¼yxHkx½ ;k 3094-79 ¼yxHkx½ eki dh mDr Hkwfe vkSj ,slh Hkwfe esa ds ;k ml ij ds lHkh vf/kdkj dk vtZu djus ds vius vk'k; dh lwpuk nsrh gS%

fVIi.k 1 % bl vf/klwpuk ds v/khu vkus okys {ks= ds js[kkad la[;k vkjoh;w,u@ihlhch@lhch,@7@1] rkjh[k 21 tqykbZ] 2017 dk fujh{k.k ftyk dysDVj] ftyk lqjtiqj vkSj ljxqtk ¼NRrhll<+½ ;k dks;yk fu;a=d] 1] dkmafly gkÅl LVªhV] dksydkrk & 700001 ds dk;kZy; esa ;k vij eq[; bathfu;j ¼bZa/ku½ ;k mi eq[; bathfu;j ¼bZa/ku½ ;k mi eq[; bathfu;j ¼dks;yk½] jktLFkku jkT; fo|qr mRiknu fuxe fyfeVsM] jftLVªhd`r dk;kZy; vkSj eq[;ky;] fo|qr Hkou] tuiFk] T;ksfr uxj] t;iqj ¼jktLFkku½ & 302005 ds dk;kZy; esa fd;k tk ldrk gSA

fVIi.k 2 % mDr vf/kfu;e dh /kkjk 8 ds mica/kksa dh vksj /;ku vkd`'V fd;k tkrk gS] ftlesa fuEufyf[kr mica/k gS %&

vtZu dh ckcr~ vkifRr;ka%

"8-¼1½ dksbZ O;fDr] tks fdlh Hkwfe esa] ftldh ckcr~ /kkjk 7 ds v/khu vf/klwpuk fudkyh xbZ gS] fgrc) gS] vf/klwpuk ds fudkys tkus ls rhl fnu ds Hkhrj lEiw.kZ Hkwfe ;k mlds fdlh Hkkx ;k ,slh Hkwfe esa ;k ml ij ds fdUgha vf/kdkjksa dk vtZu fd, tkus ds ckjs esa vkifRr dj ldsxk A

Li"Vhdj.k-& bl /kkjk ds vUrxZRk ;g vkifRr ugha ekuh tk,xh fd dksbZ O;fDr fdlh Hkwfe esa dks;yk mRiknu ds fy, Lo;a [kuu lafØ;k,a djuk pkgrk gS vkSj ,slh lafØ;k,a dsUnzh; ljdkj ;k fdlh vU; O;fDr dks ugha djuh pkfg,A

¼2½ mi&/kkjk ¼1½ ds v/khu izR;sd vkifRr l{ke izkf/kdkjh dks fyf[kr :i esa dh tk,xh vkSj l{ke izkf/kdkjh] vkifRrdrkZ dks Lo;a lqus tkus ;k fof/k O;olk;h }kjk lquokbZ dk volj nsxk vkSj ,slh lHkh vkifRr;ksa dks lquus ds i'pkr~ vkSj ,slh vfrfjDr tkWp] ;fn dksbZ gks] djus ds i'pkr] tks og vko';d le>rk gS] og ;k rks /kkjk 7 dh mi&/kkjk ¼1½ ds v/khu vf/klwfpr Hkwfe dk ;k ,slh Hkwfe esa ;k ml ij ds vf/kdkjksa ds laca/k esa ,d fjiksVZ ;k ,slh Hkwfe ds fofHkUu VqdM+ksa ;k ,slh Hkwfe esa ;k ml ij ds vf/kdkjksa ds laca/k esa vkifRr;ksa ij viuh flQkfj'kksa vkSj mlds }kjk dh xbZ dk;Zokgh ds vfHkys[k lfgr fofHkUu fjiksVZ dsUnzh; ljdkj dks mlds fofu'p; ds fy, nsxkA

¼3½ bl /kkjk ds iz;kstuksa ds fy, og O;fDr fdlh Hkwfe esa fgrc) le>k tk,xk tks izfrdj esa fgr dk nkok djus dk gdnkj gksxk] ;fn Hkwfe ;k fdlh ,slh Hkwfe esa ;k ml ij ds vf/kdkj bl vf/kfu;e ds v/khu vftZr dj fy, tkrs gS A^^

fVIi.k 3 % dsUnzh; ljdkj us dks;yk fu;a=d] 1] dkmafly gkÅl LVªhV] dksydkrk&700001 dks mDr vf/kfu;e dh /kkjk 3 ds v/khu vf/klwpuk la[;k dk-vk- 1290 ¼v½] rkjh[k 24 vizSy] 2017] tks Hkkjr ds jkti=] Hkkx II] [k.M 3] mi&[k.M ¼ii½ esa 25 vizSy] 2017 esa izdkf'kr dh xbZ Fkh] l{ke izkf/kdkjh fu;qDr fd;k gS A[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8795 vuqlwph

ijlk dks;yk Cykd

ftyk & ljxqtk vkSj lqjtiqj ¼NRrhlx<+½

¼ js[kkad la[;k vkjoh;w,u@ihlhch@lhch,@7@1] rkjh[k 21 tqykbZ] 2017 ½

lHkh vf/kdkj%

¼d½ jktLo Hkwfe dk fooj.k%

¼[k½ vkjf{kr vkSj lajf{kr ou Hkwfe dk fooj.k%

dqy tksM+ ¼d +[k½ = 1252.447 gsDVs;j ¼yxHkx½ (696.443 + 556.004)

;k

3094-79 ,dM+ ¼yxHkx½ ¼1720.91 + 1373.88)8796 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] jktLo Hkwfe ds IykV dk fooj.k%

1- xzke rkjk ¼Hkkx½ esa vftZr fd;s tkus okys IykV la[;kd%

605 ¼Hkkx½ ] 606@1] 606@2] 606@3] 607] 608] 609] 610] 611] 612] 613@1] 613@2] 613@3] 614] 615] 616] 617] 618] 619] 620] 621] 622 ¼Hkkx½ ] 623] 624@1] 624@2] 624@3] 624@4] 624@5] 624@6] 624@7] 658] 659 ¼Hkkx½] 770¼Hkkx½] 771] 772@1] 772@2] 773] 774] 775] 776] 777] 778] 779] 780] 781@1 ¼Hkkx½ ] 781@2 ¼Hkkx½ ] 783@871] 783 ¼Hkkx½ ] 784] 785] 786] 787] 788] 789] 790] 791] 792] 793] 794 ¼Hkkx½ ] 795] 796] 797] 798] 799] 800] 801] 802@1] 802@2] 802@3] 802@4] 802@5] 802@6] 802@7] 802@8] 803] 804] 805@1] 805@2] 806] 807] 808] 809] 810] 811] 812] 813] 814] 815] 816] 817] 818] 819] 820] 821] 822] 823] 824] 825] 826] 827@1] 827@2] 828] 829] 830] 831] 832] 833] 834@1] 834@2] 834@3] 834@4] 834@5] 835] 836] 837] 838] 839] 840] 841] 842] 843] 844@1] 844@2] 845] 846] 847] 848] 849] 850] 851] 852] 853] 854] 855] 856] 857] 858] 859] 860] 861] 862] 863@1] 863@2] 864] 865@1] 865@2] 865@3] 865@4] 865@5] 865@6] 865@7] 865@8] 865@9] 865@10] 865@11] 865@12] 865@13] 865@14] 865@15] 866] 867] 868] 894] 895 ¼Hkkx½ -

2- xzke tuknZuiqj ¼Hkkx½ esa vftZr fd, tkus okys IykV la[;kd%

408] 409] 410] 411] 412] 413] 414@1] 414@2] 414@3] 414@4] 414@5] 414@6] 414@7] 414@8] 414@9] 414@10] 414@11] 415@1] 415@2] 415@3] 415@4] 415@5] 415@6] 416] 417@1] 417@2] 417@3] 417@4] 418] 419@1] 419@2] 420] 421@1] 421@2] 421@3] 422 ¼Hkkx½ ] 423] 424 ¼Hkkx½ ] 426] 427] 428] 429@1] 429@2] 429@3] 430] 431] 432] 433] 434 ¼Hkkx½ ] 435] 436] 437] 438] 439] 440] 441] 442] 443] 444] 445] 446] 447] 448] 449] 450] 451] 452] 453] 454 ¼Hkkx½ ] 455] 456@1] 456@2] 457 ¼Hkkx½ ] 458 ¼Hkkx½ ] 465 ¼Hkkx½ ] 466@1 ¼Hkkx½ ] 466@2 ¼Hkkx½ ] 467] 468] 469] 470] 471@1] 471@2] 471@3] 471@4] 471@5] 471@6] 471@7] 471@8] 471@9] 471@10] 471@11] 471@12] 471@13] 471@14] 471@15] 471@16] 471@17] 471@18] 471@19] 471@20] 471@21] 471@22] 471@23] 471@24] 471@25] 471@26] 472] 473] 474] 475 ¼Hkkx½] 476-

3- xzke lkYgh ¼Hkkx½ esa vftZr fd, tkus okys IykV la[;kd%

295 ¼Hkkx½] 368 ¼Hkkx½] 373@1 ¼Hkkx½ ] 373@2 ¼Hkkx½ ] 501@775] 502@3 ¼Hkkx½] 503@4 ] 503@2 ¼Hkkx½ ] 503@5 ¼Hkkx½ ] 504@1] 504@2] 504@3] 505@1] 505@2] 505@3] 506] 507] 508] 509] 510] 511@1 ¼Hkkx½] 511@3 511@4 ¼Hkkx½] 515@734 ¼Hkkx½ ] 523 ¼Hkkx½ ] 524 ¼Hkkx½ ] 525 ¼Hkkx½ ] 526] 527] 528@1] 528@2] 529@1] 529@2] 529@3 ¼Hkkx½ ] 529@4 ¼Hkkx½ ] 530] 531@1] 531@2] 532] 533] 534] 535] 536 ¼Hkkx½ ] 537] 538] 539] 540@1] 540@2] 540@3] 541] 542@1] 542@2] 542@3] 543@1] 543@2] 543@3] 543@4] 543@5] 543@6] 543@7] 544@1] 544@2] 544@3] 544@4] 544@5] 544@6] 544@7] 544@9] 544@10] 544@11] 544@12] 544@13] 544@14] 544@15] 544@773@4] 544@773@5] 544@773@2] 544@773@3] 544@773@1¼Hkkx½] 544@8¼x½] 544@8¼?k½] 544@8 ¼d½] 544@8¼[k½] 545@776] 545] 546@1] 546@2] 546@3] 546@4] 546@5] 546@6] 546@7] 546@8] 546@774@3] 546@774@2] 546@774@1] 547] 548@1] 548@2] 549] 550] 551] 552] 553@1] 553@2] 553@3] 553@4] 553@5] 553@6] 553@7] 554@1] 554@2] 555] 556@1] 556@2] 556@3] 556@4] 556@5] 556@6] 556@7] 556@8] 556@9] 556@10] 556@11] 556@12] 556@13] 556@14] 557@1] 557@2] 558@1] 558@2] 559@1] 559@2] 560@1] 560@2] 561@1] 561@2] 561@3] 562] 563@1] 563@2] 563@3] 563@4] 564@1] 564@2] 564@3] 564@4] 564@5] 564@6] 564@7] 564@8] 564@9] 564@770] 564@771] 565] 566] 567] 568@1] 568@2] 568@3] 568@4] 569@1] 569@2] 569@3] 569@4] 570@1] 570@2] 570@3] 570@4] 571@1] 571@2] 572@1] 572@2] 572@3] 572@4] 573@1] 573@2 ] 573@3] 573@4] 574@1] 574@2] 575] 576@1] 576@2] 576@3] 577] 578@1] 578@2] 578@3] 579] 580@1] 580@2] 581] 582] 583@1] 583@2] 583@3] 583@4] 584] 585] 586] 587@1] 587@2] 587@3] 588@1] 588@2] 588@3] 588@4] 589] 590] 591@1] 591@2] 591@3] 591@4] 592@1] 592@2] 592@3] 592@4] 592@5] 592@6] 592@7] 592@8] 593] 594@1] 594@2] 594@3] 594@4] 595@1] 595@2] 596@1] 596@2] 596@3] 596@4] 597@1] 597@2] 597@3] 598@1] 598@2] 599@1] 599@2] 599@3] 599@4] 599@5] 600] 601@2] 601@3] 601@4] 601@5] 601@6] 601@7] 601@815] 602] 603@1] 603@2] 603@3] 603@4] 603@5] 603@6] 603@7] 603@8] 603@9] 603@10] 603@11] 603@12] 603@13] 603@14] 603@15] 603@16] 603@17] 603@18] 604@1] 604@2] 604@3] 605] 606@1] 606@2] 606@3] 607] 608@1] 608@2] 608@3] 608@4] 609] 610@1] 610@2] 611@1] 611@2] 611@3] 611@4] 612@1] 612@2] 612@3] 612@4] 612@5] 612@6] 613@1] 613@2] 613@3] 613@4] 614@1] 614@2] 614@3] 614@4] 614@5] 615@1] 615@2] 615@3] 615@797@1] 615@797@2] 616] 617@1] 617@2] 617@801] 618@1] 618@2] 618@802] 619@1] 619@2] 619@3] 620@1] 620@2] 620@3] 620@4] 620@5] 620@798] 620@799] 620@800] 621] 622] 623] 624] 625] 626] 627] 628@1] 628@2] 628@3] 629@1] 629@2] 629@3] 630] 631@1] 631@2] 631@3] 632] 633] 634] 635] 636] 637] 638@1] 638@2] 638@3] 639] 640] 641] 642] 643 ¼Hkkx½ ] 647 ¼Hkkx½ ] 648] 649@760] 649] 650] 651] 652] 653] 654] 655] 656] 657] 658] 659] 660] 661¼Hkkx½ ] 668¼Hkkx½ ] 681@767@1¼Hkkx½] 682 ¼Hkkx½ ] 687@1][भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8797 687@2] 687@4] 687@5] 687@6] 687@8] 687@9] 687@10] 687@3 ¼Hkkx½] 688] 689] 690] 691] 692] 693] 694@1] 694@2] 694@3] 694@4] 694@5] 694@6] 695@1] 695@2] 695@3] 695@4] 695@5] 695@6] 696@1] 696@2] 696@3] 696@4] 696@5] 696@6] 697@1] 697@2] 697@3] 710@2] 710@3] 710@4] 710@5] 710@6] 710@7] 710@8] 710@9] 711 ¼Hkkx½ ] 712] 713@1] 713@2] 713@3] 713@4] 714@1] 714@2] 714@3] 715] 716] 717] 718] 719] 720] 721] 722] 723@1] 723@2] 724@1] 724@2] 724@3] 725] 726@2] 726@3] 726@4] 726@5] 726@6] 726@7] 726@8] 726@9] 726@10] 726@11] 726@12] 726@13] 726@14] 726@15] 726@16] 726@17] 726@18] 726@1¼Hkkx½ ] 727@4] 727@1¼Hkkx½ ] 727@3 ¼Hkkx½ ] 789-

4- xzke gfjgjiqj ¼Hkkx½ esa vftZr fd;s tkus okys IykV la[;kd%

1@2] 1@3] 1@4] 1@5] 2] 3@1] 3@2] 4@1] 4@2] 4@3] 5] 6] 7] 8] 9] 10] 11] 12@2] 12@3] 12@4] 12@5] 12@6] 12@7] 12@8] 12@9] 12@10] 12@11] 12@12] 12@13] 12@14] 12@15] 12@16] 12@17] 12@18] 12@19] 12@20] 12@21] 12@22] 12@23] 12@24] 12@25] 12@26] 12@27] 12@28] 12@29] 12@30] 12@31] 12@32] 12@33] 12@34] 12@35] 12@1 ¼Hkkx½] 13@1] 13@2] 13@3] 13@4] 13@5] 13@248] 13@249] 13@250] 13@251] 13@252] 14@1] 14@2] 15@1] 15@2] 15@3] 15@4] 15@5] 16@1] 16@2] 16@3] 16@4] 16@5] 16@6] 16@7] 16@8] 17] 18@1] 18@2] 19@1] 19@2] 19@3] 19@4] 20@1] 20@2] 20@3] 20@4] 21@1] 21@2] 21@3] 21@4] 22@1] 22@2] 22@3] 22@4] 23@1] 23@2] 23@3] 24] 25@1] 25@2] 25@3] 26@1] 26@2] 26@3] 26@4] 26@5] 26@6] 27@1] 27@2] 27@3] 28@1] 28@2] 28@3] 29@1] 29@2] 29@3] 29@4] 30@1] 30@2] 30@3] 30@4] 30@5] 31@1] 31@2] 31@3] 31@4] 31@5] 31@6] 32] 33@1] 33@2] 34] 35@1] 35@2] 35@3] 35@4] 35@5] 35@6] 35@7] 35@8] 35@9] 35@249] 35@250] 36] 37] 38] 39@1] 39@2] 40@1] 40@2] 40@3] 41] 42@1] 42@2] 42@3] 42@4] 43@1] 44@1] 44@2] 44@3] 44@4] 44@5] 45] 46] 47] 48@1] 48@2] 48@3] 48@4] 48@5] 49@1] 49@2] 49@3] 49@4] 49@5] 49@6] 49@7] 49@8] 49@9] 49@10] 49@11] 49@12] 49@13] 50@1] 50@2] 50@3] 50@4] 51@1] 51@2] 51@3] 51@4] 51@5] 51@6] 51@7] 51@8] 51@9] 52@1] 52@2] 52@3] 52@4] 52@5] 52@6] 52@7] 52@250@1] 52@250@3] 52@250@2] 53@1] 53@2] 53@3] 53@4] 53@5] 53@6] 53@7] 53@8] 53@9] 54@1] 54@2] 55@1] 55@2] 55@3] 55@4] 55@5] 55@6] 55@7] 55@8] 56@1] 56@2] 56@3] 56@4] 57] 58@1] 58@2] 58@3] 59@1] 59@2] 60@1] 60@2] 61@1] 61@2] 62@1] 62@2] 63@1] 63@2] 64@1] 64@2] 65] 66] 67@1] 67@2] 67@3] 67@4] 67@5] 68@1] 68@2] 68@3] 68@4] 68@5] 68@6] 68@7] 68@8] 68@9] 69] 70@1] 70@2] 70@3] 70@4] 70@5] 70@6] 70@7] 70@8] 70@9] 70@10] 70@11] 70@12] 70@13] 70@14] 70@15] 70@16] 70@17] 70@18] 70@19] 70@20] 70@21] 70@22] 70@23] 70@24] 71@1] 71@2] 71@3] 71@4] 71@5] 71@6] 71@7] 72@1] 72@2] 72@3] 73@1] 73@2] 73@3] 73@4] 73@5] 74] 75@1] 75@2] 75@251] 75@252] 76] 77] 78] 79@1] 79@2] 79@3] 80@1] 80@2] 80@3] 80@4] 80@5] 80@6] 80@7] 80@8] 80@9] 81@1] 81@2] 81@3] 82@1] 82@2] 82@3] 82@4] 82@5] 83@1] 83@2] 83@3] 84@1] 84@2] 85@1] 85@2] 85@3] 86@1] 86@2] 87@1] 87@2] 88@1] 88@2] 89@1] 89@2] 90@1] 90@2] 90@3] 90@4] 90@5] 90@6] 90@7] 90@8] 90@9] 91@1] 91@2] 92@1] 92@2] 92@3] 92@4] 92@5] 92@6] 92@7] 92@8] 92@9] 93@1] 93@2] 93@3] 94@1] 94@2] 94@3] 95] 96@1] 96@2] 96@3] 96@4] 96@5] 97] 98@1] 98@2] 98@3] 98@4] 98@5] 99@1] 99@2] 99@3] 99@4] 100@1] 100@2] 100@3] 100@4] 100@5] 100@6] 101@1] 101@2] 101@3] 102@1] 102@2] 103@1] 103@2] 104@1] 104@2] 105] 106@1] 106@2] 107@1] 107@2] 107@3] 107@4] 108] 109] 110] 111@1] 111@2] 111@3] 111@4] 112@1] 112@2] 112@3] 112@4] 113] 114] 115@1] 115@2] 116@1] 116@2] 116@3] 117@1] 117@2] 118@1] 118@2] 119@1] 119@2] 119@3] 119@4] 120@1] 120@2] 121@1] 121@2] 122@1] 122@2] 123] 124] 125] 126] 127] 128] 129@1] 129@2] 130@1] 130@2] 131@1] 131@2] 132@1] 132@2] 133@1] 133@2] 133@3] 133@4] 134] 135@1] 135@2] 136] 137@1] 137@2] 138] 139@1] 139@2] 140] 141] 142@1] 142@2] 142@3] 143] 144] 145@1] 145@2] 146] 147] 148] 149] 150] 151@1] 152] 153@1] 153@2] 154@1] 154@2] 155@1] 155@2] 155@3] 156@1] 156@2] 156@3] 156@4] 157@1] 157@2] 157@3] 157@4] 157@5] 158@2] 158@3] 158@4] 158@12] 158@14] 158@15] 158@1 ¼Hkkx½] 159@1] 159@2] 159@3] 160@1 ] 160@2] 160@3] 160@4] 160@5] 161@1] 161@2] 161@3] 162] 163@1] 163@2] 164 ¼Hkkx½] 165] 166 ¼Hkkx½] 167@1] 167@2] 167@4] 168] 169 ¼Hkkx½] 170] 171@1] 171@2] 171@3] 171@4] 172@1] 172@2] 172@3] 172@4] 173] 174 ¼Hkkx½] 175@2] 175@1 ¼Hkkx½] 176] 177 ¼Hkkx½] 179 ¼Hkkx½] 183@3] 183@6] 183@7] 183@11] 183@1 ¼Hkkx½] 184@1] 184@2 ] 184@3] 184@4] 184@5 ] 184@6] 184@7] 185@1] 185@2] 185@3] 185@4] 186@1] 186@2] 187@1] 187@2] 188@1] 188@2] 188@3] 188@4] 188@5] 189@1] 189@2] 189@3] 190] 191@9] 191@16] 191@1 ¼Hkkx½] 250@1] 250@2] 250@3] 250@4] 250@5] 250@6] 250@7] 250@8] 250@9-

5- xzke ?kkVcjkZ ¼Hkkx½ esa vftZr fd;s tkus okys IykV la[;kd%

1@2 ¼Hkkx½] 1@10] 1@19 ¼Hkkx½] 1@20] 1@21] 1@22] 2@1] 2@2] 3@1 ¼Hkkx½] 3@2 ¼Hkkx½] 3@3 ¼Hkkx½] 3@4 ¼Hkkx½] 3@5 ¼Hkkx½] 4@1] 4@2] 4@3 ¼Hkkx½] 4@4 ¼Hkkx½] 39 ¼Hkkx½] 40 ¼Hkkx½] 820@1¼Hkkx½-8798 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] 6- xzke Qrsgiqj ¼Hkkx½ esa vftZr fd;s tkus okys IykV la[;kd%

2] 3@1] 3@2] 3@3] 3@4] 3@5] 3@7] 3@8] 3@9] 3@10] 3@11] 3@12] 3@13] 3@16] 3@21] 3@23] 3@24] 3@25] 3@78@371] 3@78@372] 3@6 ¼d½] 3@6 ¼[k½] 4@1] 4@2] 5] 6@1] 6@2] 6@3] 6@4] 6@5] 7@1] 7@2] 7@3] 8] 9] 10] 11] 12] 13@1] 13@2] 14] 15] 16] 17@1] 17@2] 18] 19@1] 19@2] 20@1] 20@2] 20@3] 21] 22] 23@1] 23@2] 23@3] 23@4] 23@5] 24] 25@1] 25@2] 25@3] 26] 27] 28] 29] 30] 31] 32] 33] 34@1] 34@2] 35@1] 35@2] 36@1] 36@2] 37] 38] 39] 40] 41] 42] 43] 44] 45@1] 45@2] 45@358] 46] 47@1] 47@2] 48@1] 48@2] 49] 50] 51@1] 51@2] 51@3] 51@4] 51@5] 52@1] 52@2] 53] 54] 55] 56] 57] 58] 59] 60@1] 60@2] 60@359] 61] 62] 63@1] 63@2] 63@3] 63@4] 63@5] 63@6] 64] 65] 66] 67] 68@1] 68@2] 69@1] 69@2] 69@3] 69@4] 70] 71@1] 71@2] 72@1] 72@2] 73@1] 73@2] 74] 75@1] 75@2] 75@3] 75@4] 75@5] 75@6] 75@7] 76] 77@1] 77@2] 77@3] 77@4] 78@1] 78@2] 78@3] 78@4] 78@5] 78@6] 79] 81] 82] 83] 84] 85@1] 85@2] 86@1] 86@2] 86@3] 86@4] 86@360@3] 86@360@1] 86@360@2] 87] 88] 89@1] 89@2] 89@3] 89@4] 90@1] 90@2] 91@1] 91@2] 91@3] 91@4] 91@5] 91@6] 92] 93] 94] 95@361] 95] 96] 97@364] 97] 98@1] 98@2] 98@3] 99@1] 99@2] 99@3] 99@4] 99@5] 99@6] 99@7] 99@8] 99@9] 100] 101] 102] 103] 104@1] 104@2] 104@3] 104@4] 104@5] 104@6] 104@7] 105] 106@1] 106@2] 107] 108@1] 108@2] 109] 110] 111@1] 111@2] 111@3] 112] 113] 114] 115] 116] 117@1] 117@2] 117@3] 118@1] 118@2] 118@3] 118@4] 118@5] 119] 120] 121] 122] 123@1] 123@2] 123@3] 124] 125@1] 125@2] 125@3] 125@4] 125@5] 125@6] 125@7] 125@8] 125@9] 125@10] 126] 127] 128] 129@1] 129@2] 130] 131] 132@1] 132@2] 133@1] 133@2] 134@1] 134@2] 135] 136@1] 136@2] 136@3] 136@4] 137@1] 137@2] 137@3] 137@4] 138] 139] 140] 141] 142] 143@1] 143@2] 144] 145] 146] 147] 148] 149] 150] 151] 152@363] 152] 153@365] 153] 154] 155] 156] 157] 158] 159@1] 159@2] 160@1] 160@2] 161@1] 161@2] 162@1] 162@2] 163@1] 163@2] 164@1] 164@2] 165@1] 165@2] 165@366] 166@1] 166@2] 166@3] 167@1] 167@2] 167@3] 168] 169] 170] 171] 172] 173] 174] 175] 176] 177@1] 177@2] 177@3] 177@4] 177@5] 178] 179] 180] 181] 182@1] 182@2] 182@3] 183] 184] 185] 186] 187@1] 187@2] 188] 189] 190@1] 190@2] 191@1] 191@2] 191@362] 192@1] 192@2] 192@3] 192@4] 192@5] 192@6] 193] 194] 195] 196] 197] 198] 199] 200@1] 200@2] 201@1] 201@2] 202] 203] 204] 205] 206@1] 206@2] 207] 208] 209] 210] 211] 212] 213@1] 213@2] 214] 215] 216] 217] 218] 219@1] 219@2] 220] 221] 222] 223] 224] 225] 226] 227] 228] 229] 230@1] 230@2] 230@3] 231] 232] 233] 234] 235] 236] 237] 238] 239] 240] 241] 242] 243] 244@1] 244@2] 244@3] 245] 246] 247] 248] 249] 250@1] 250@2] 250@3] 250@4] 250@5] 250@6] 251] 252] 253] 254@1] 254@2] 254@3] 254@4] 254@5] 255] 256] 257@1] 257@2] 258] 259@1] 259@2] 259@3] 259@4] 259@5] 259@6] 259@7] 259@8] 259@9] 259@10] 260] 261] 262] 263] 264¼Hkkx½ ] 265¼Hkkx½ ] 270@1] 270@2] 270@3¼Hkkx½] 270@4] 271@1¼Hkkx½] 271@2] 277¼Hkkx½ ] 278@2] 278@3] 278@7] 278@1¼Hkkx½ ] 278@4 ¼Hkkx½ ] 278@5 ¼Hkkx½ ] 278@6 ¼Hkkx½ ] 279] 280@2] 280@3] 280@4] 280@5] 280@6] 280@7] 280@8] 280@9] 280@10] 280@11] 280@1¼Hkkx½ ] 288] 303@1¼Hkkx½ ] 304 ¼Hkkx½ ] 305] 306] 307@1¼Hkkx½] 307@2] 307@3¼Hkkx½ ] 308] 309] 310] 311] 312] 313@1¼Hkkx½ ] 314¼Hkkx½ ] 315@1] 315@2] 315@3] 315@4] 315@5] 315@6] 316-

vkjf{kr vkSj lajf{kr ou Hkwfe dk fooj.k %

1982¼Hkkx½] 1981¼Hkkx½] ih&1986¼Hkkx½] ih&1997¼Hkkx½] ih&2006] ih&2005¼Hkkx½] ih&1998 ¼Hkkx½-

lhek o.kZu%

t&d js[kk] fcUnq ^t^ xzke tuknuZiqj ls vkjaHk gksrs gq, vkSj nf{k.kh lhek ou dEikVZesaV ih1997 ls gksrs gq, xzke tuknuZiqj ds IykWV la[;k 457] 454] 465 bR;kfn rFkk xzke lkYgh ds IykWV la[;k 502] 503] 524] 529] 687 bR;kfn gksrh gqbZ lkYgh xzke ds e/; esa fcanq ^d^ ij feyrh gSA

d&[k js[kk] fcUnq ^d^ xzke lkYgh ls vkjaHk gksrs gq, xzke lkYgh ds IykWV la[;k 710] 711 bR;kfn rFkk xzke gfjgjiqj e/; ds IykWV la[;k 164] 166] 176] bR;kfn vkSj if'peh lhek ou dEikVZesaV ih2005 vkSj xzke ?kkVcjkZ ds IykWV la[;k 3] 4 bR;kfn gksrh gqbZ if'peh lhek ou dEikVZesaV ih1998 rFkk ?kkVcjkZ xzke ds if'peh lhek ds fudV fcanq ^[k^ ij feyrh gSA

[k&x js[kk] fcUnq ^[k^ xzke ?kkVcjkZ ls vkjaHk gksrh gS vkSj xzke Qrsgiqj ds IykWV la[;k 314] 264] 277 bR;kfn gksrh gqbZ mÙkjh iwohZ lhek ou dEikVZesaV 1981 vkSj xzke rkjk ds iwohZ lhek ds fudV fcUnq ^x^ ij feyrh gSA[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8799 x&?k&M-&p&N&t js[kk] fcUnq ^x^ xzke rkjk ls vkjaHk gksrh gS vkSj rkjk xzke ds IykWV la[;k 783] 794] bR;kfn ls gksrh gqbZ xzke rkjk ds mÙkjh iwohZ lhek ds fudV fcUnq ^?k^ ij feyrh gSA js[kk fcUnq ^?k^ xzke rkjk ls vkjaHk gksrh gS vkSj ou dEikVZesaV ih1986 ls gksrh gq, rkjk xzke ds IykWV la[;k 659 gksrh gqbZ iwoksZÙkj lhek ds fudV fcUnq ^M-^ ij feyrh gS] js[kk fcUnq ^M-^ xzke rkjk ls vkjaHk gksrh gS vkSj ou dEikVZesaV ih 1986 ls gksrh gqbZ rkjk xzke ds IykWV la[;k 605 gskrh gqbZ tuknZuiqj xzke ds nf{k.kh lhek ds fudV fcUnq ^p^ ij feyrh gS] js[kk fcUnq ^p^ tuknZuiqj xzke ls vkjaHk gksrh gS vkSj ou dEikVZesaV 1982 ls gksrh gqbZ tuknZuiqj xzke ds nf{k.k iwohZ lhek ds fudV fcUnq ^N^ ls feyrh gS vkSj js[kk fcUnq ^N^ xzke tuknZuiqj ls vkjaHk gksrh gS vkSj ou dEikVZesaV 1982 ls gksrh gqbZ tuknZiqj xzke IykWV la[;k 410] 408 bR;kfn ls gksrh gq, ou dEikVZesaV ih1997 ls gksrh gqbZ tuknZiqj xzke ds e/; esa fcUnq ^t^ ls feyrh gS A

[Qk-la- 43015@28@2017&,y, ,.M vkbZ vkj]

vkj-,l-ljkst] voj lfpo

New Delhi, the 15th November, 2017

S.O. 2622.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 2208(E), dated the 12th July, 2017 issued under sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), and published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 13th July, 2017, the Central Government gave notice of its intention to prospect for coal in 1252.447 hectares (approximately) or 3094.79 acres (approximately) of the lands in the locality specified in the Schedule annexed to that notification ;

And whereas, the Central Government is satisfied that coal is obtainable in a part of the said lands prescribed in the Schedule appended to this notification;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 7 of the said Act, the Central Government hereby gives notice of its intention to acquire the land measuring 1252.447 hectares (approximately) or 3094.79 acres (approximately) and all rights in or over the said lands described in the Schedule appended hereto:

Note 1: The plan bearing number RVUN/PCB/CBA/7/1, dated the 21st July, 2017 of the area covered by this notification may be inspected in the office of the District Collectors, District Surajpur and Surguja (Chhattisgarh) or in the office of the Coal Controller, 1, Council House Street, Kolkata - 700001 or in the office the Additional Chief Engineer – Fuel or Deputy Chief Engineer-Fuel or Deputy Chief Engineer-Coal, Rajasthan Rajya Vidyut Utpadan Nigam Limited, Regd. Office and Head Office, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur (Rajasthan) – 302005.

Note 2 : Attention is hereby invited to the provisions of section 8 of the said Act which provides as follows:-

Objection to acquisition:

" 8. (1) Any person interested in any land in respect of which a notification under section 7 has been issued, may, within thirty days of the issue of the notification, object to the acquisition of the whole or any part of the land or any rights in or over such land.

Explanation.- It shall not be an objection within the meaning of this section for any person to say that he himself desires to undertake mining operation in the land for the production of coal and that such operations should not be undertaken by the Central Government or by any other person.

(2) Every objection under sub-section (1) shall be made to the competent authority in writing, and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in or over such land, to the Central Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of the Government.

(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or over such land were acquired under this Act".

Note 3: The Coal Controller, 1, Council House Street, Kolkata - 700001 has been appointed by the Central Government as the competent authority under section 3 of the said Act, vide notification number S.O. 1290 (E), dated the 24th April, 2017 published in the Gazette of India, part II, section 3, sub-section (ii), dated the 25th April, 2017.

SCHEDULE

Parsa Coal Block

Districts Surguja and Surajpur (Chhattisgarh) (Plan bearing number RVUN/PCB/CBA/7/1, dated the 21st July, 2017)

All Rights:

Grand Total (A+B) =1252.447 hectares ( approximately) (696.443 + 556.004)

or 3094.79 acres (approximately) (1720.91 + 1373.88)[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8801

Plot details of Revenue Land:

1- Plot numbers to be acquired in village Tara (Part):

605 (P), 606/1, 606/2, 606/3, 607, 608, 609, 610, 611, 612, 613/1, 613/2, 613/3, 614, 615, 616, 617, 618, 619, 620, 621, 622 (P), 623, 624/1, 624/2, 624/3, 624/4, 624/5, 624/6, 624/7, 658, 659 (P), 770(P), 771, 772/1, 772/2, 773, 774, 775, 776, 777, 778, 779, 780, 781/1 (P), 781/2 (P), 783/871, 783 (P), 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794 (P), 795, 796, 797, 798, 799, 800, 801, 802/1, 802/2, 802/3, 802/4, 802/5, 802/6, 802/7, 802/8, 803, 804, 805/1, 805/2, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827/1, 827/2, 828, 829, 830, 831, 832, 833, 834/1, 834/2, 834/3, 834/4, 834/5, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844/1, 844/2, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863/1, 863/2, 864, 865/1, 865/2, 865/3, 865/4, 865/5, 865/6, 865/7, 865/8, 865/9, 865/10, 865/11, 865/12, 865/13, 865/14, 865/15, 866, 867, 868, 894, 895 (P).

2- Plot numbers to be acquired in village Janardanpur (Part):

408, 409, 410, 411, 412, 413, 414/1, 414/2, 414/3, 414/4, 414/5, 414/6, 414/7, 414/8, 414/9, 414/10, 414/11, 415/1, 415/2, 415/3, 415/4, 415/5, 415/6, 416, 417/1, 417/2, 417/3, 417/4, 418, 419/1, 419/2, 420, 421/1, 421/2, 421/3, 422 (P), 423, 424 (P), 426, 427, 428, 429/1, 429/2, 429/3, 430, 431, 432, 433, 434 (P), 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454 (P), 455, 456/1, 456/2, 457 (P), 458 (P), 465 (P), 466/1 (P), 466/2 (P), 467, 468, 469, 470, 471/1, 471/2, 471/3, 471/4, 471/5, 471/6, 471/7, 471/8, 471/9, 471/10, 471/11, 471/12, 471/13, 471/14, 471/15, 471/16, 471/17, 471/18, 471/19, 471/20, 471/21, 471/22, 471/23, 471/24, 471/25, 471/26, 472, 473, 474, 475 (P), 476.

3- Plot numbers to be acquired in village Salhi (Part):

295(P), 368 (P), 373/1 (P), 373/2 (P), 501/775, 502/3 (P), 503/4 , 503/2 (P), 503/5 (P), 504/1, 504/2, 504/3, 505/1, 505/2, 505/3, 506, 507, 508, 509, 510, 511/1 (P), 511/3, 511/4 (P), 515/734 (P), 523 (P), 524 (P), 525 (P), 526, 527, 528/1, 528/2, 529/1, 529/2, 529/3 (P), 529/4 (P), 530, 531/1, 531/2, 532, 533, 534, 535, 536(P), 537, 538, 539, 540/1, 540/2, 540/3, 541, 542/1, 542/2, 542/3, 543/1, 543/2, 543/3, 543/4, 543/5, 543/6, 543/7, 544/1, 544/2, 544/3, 544/4, 544/5, 544/6, 544/7, 544/9, 544/10, 544/11, 544/12, 544/13, 544/14, 544/15, 544/773/4, 544/773/5, 544/773/2, 544/773/3, 544/773/1(P), 544/8(GA), 544/8(GHA), 544/8(KA), 544/8(KHA), 545/776, 545, 546/1, 546/2, 546/3, 546/4, 546/5, 546/6, 546/7, 546/8, 546/774/3, 546/774/2, 546/774/1, 547, 548/1, 548/2, 549, 550, 551, 552, 553/1, 553/2, 553/3, 553/4, 553/5, 553/6, 553/7, 554/1, 554/2, 555, 556/1, 556/2, 556/3, 556/4, 556/5, 556/6, 556/7, 556/8, 556/9, 556/10, 556/11, 556/12, 556/13, 556/14, 557/1, 557/2, 558/1, 558/2, 559/1, 559/2, 560/1, 560/2, 561/1, 561/2, 561/3, 562, 563/1, 563/2, 563/3, 563/4, 564/1, 564/2, 564/3, 564/4, 564/5, 564/6, 564/7, 564/8, 564/9, 564/770, 564/771, 565, 566, 567, 568/1, 568/2, 568/3, 568/4, 569/1, 569/2, 569/3, 569/4, 570/1, 570/2, 570/3, 570/4, 571/1, 571/2, 572/1, 572/2, 572/3, 572/4, 573/1, 573/2 , 573/3, 573/4, 574/1, 574/2, 575, 576/1, 576/2, 576/3, 577, 578/1, 578/2, 578/3, 579, 580/1, 580/2, 581, 582, 583/1, 583/2, 583/3, 583/4, 584, 585, 586, 587/1, 587/2, 587/3, 588/1, 588/2, 588/3, 588/4, 589, 590, 591/1, 591/2, 591/3, 591/4, 592/1, 592/2, 592/3, 592/4, 592/5, 592/6, 592/7, 592/8, 593, 594/1, 594/2, 594/3, 594/4, 595/1, 595/2, 596/1, 596/2, 596/3, 596/4, 597/1, 597/2, 597/3, 598/1, 598/2, 599/1, 599/2, 599/3, 599/4, 599/5, 600, 601/2, 601/3, 601/4, 601/5, 601/6, 601/7, 601/815, 602, 603/1, 603/2, 603/3, 603/4, 603/5, 603/6, 603/7, 603/8, 603/9, 603/10, 603/11, 603/12, 603/13, 603/14, 603/15, 603/16, 603/17, 603/18, 604/1, 604/2, 604/3, 605, 606/1, 606/2, 606/3, 607, 608/1, 608/2, 608/3, 608/4, 609, 610/1, 610/2, 611/1, 611/2, 611/3, 611/4, 612/1, 612/2, 612/3, 612/4, 612/5, 612/6, 613/1, 613/2, 613/3, 613/4, 614/1, 614/2, 614/3, 614/4, 614/5, 615/1, 615/2, 615/3, 615/797/1, 615/797/2, 616, 617/1, 617/2, 617/801, 618/1, 618/2, 618/802, 619/1, 619/2, 619/3, 620/1, 620/2, 620/3, 620/4, 620/5, 620/798, 620/799, 620/800, 621, 622, 623, 624, 625, 626, 627, 628/1, 628/2, 628/3, 629/1, 629/2, 629/3, 630, 631/1, 631/2, 631/3, 632, 633, 634, 635, 636, 637, 638/1, 638/2, 638/3, 639, 640, 641, 642, 643 (P), 647 (P), 648, 649/760 , 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661(P), 668(P), 681/767/1(P), 682 (P), 687/1, 687/2, 687/4, 687/5, 687/6, 687/8, 687/9, 687/10, 687/3 (P), 688, 689, 690, 691, 692, 693, 694/1, 694/2, 694/3, 694/4, 694/5, 694/6, 695/1, 695/2, 695/3, 695/4, 695/5, 695/6, 696/1, 696/2, 696/3, 696/4, 696/5, 696/6, 697/1, 697/2, 697/3, 710/2, 710/3, 710/4, 710/5, 710/6, 710/7, 710/8, 710/9, 711 (P), 712, 713/1, 713/2, 713/3, 713/4, 714/1, 714/2, 714/3, 715, 716, 717, 718, 719, 720, 721, 722, 723/1, 723/2, 724/1, 724/2, 724/3, 725, 726/2, 726/3, 726/4, 726/5, 726/6, 726/7, 726/8, 726/9, 726/10, 726/11, 726/12, 726/13, 726/14, 726/15, 726/16, 726/17, 726/18, 726/1(P), 727/4, 727/1(P), 727/3 (P), 789.

4- Plot numbers to be acquired in village Hariharpur (Part):

1/2, 1/3, 1/4, 1/5, 2, 3/1, 3/2, 4/1, 4/2, 4/3, 5, 6, 7, 8, 9, 10, 11, 12/2, 12/3, 12/4, 12/5, 12/6, 12/7, 12/8, 12/9, 12/10, 12/11, 12/12, 12/13, 12/14, 12/15, 12/16, 12/17, 12/18, 12/19, 12/20, 12/21, 12/22, 12/23, 12/24, 12/25, 12/26, 12/27, 12/28, 12/29, 12/30, 12/31, 12/32, 12/33, 12/34, 12/35, 12/1 (P), 13/1, 13/2, 13/3, 13/4, 13/5, 13/248, 13/249, 13/250, 13/251, 13/252, 14/1, 14/2, 15/1, 15/2, 15/3, 15/4, 15/5, 16/1, 16/2, 16/3, 16/4, 16/5, 16/6, 16/7, 16/8, 17, 18/1, 18/2, 19/1, 19/2, 19/3, 19/4, 20/1, 20/2, 20/3, 20/4, 21/1, 21/2, 21/3, 21/4, 22/1, 22/2,8802 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] 22/3, 22/4, 23/1, 23/2, 23/3, 24, 25/1, 25/2, 25/3, 26/1, 26/2, 26/3, 26/4, 26/5, 26/6, 27/1, 27/2, 27/3, 28/1, 28/2, 28/3, 29/1, 29/2, 29/3, 29/4, 30/1, 30/2, 30/3, 30/4, 30/5, 31/1, 31/2, 31/3, 31/4, 31/5, 31/6, 32, 33/1, 33/2, 34, 35/1, 35/2, 35/3, 35/4, 35/5, 35/6, 35/7, 35/8, 35/9, 35/249, 35/250, 36, 37, 38, 39/1, 39/2, 40/1, 40/2, 40/3, 41, 42/1, 42/2, 42/3, 42/4, 43/1, 44/1, 44/2, 44/3, 44/4, 44/5, 45, 46, 47, 48/1, 48/2, 48/3, 48/4, 48/5, 49/1, 49/2, 49/3, 49/4, 49/5, 49/6, 49/7, 49/8, 49/9, 49/10, 49/11, 49/12, 49/13, 50/1, 50/2, 50/3, 50/4, 51/1, 51/2, 51/3, 51/4, 51/5, 51/6, 51/7, 51/8, 51/9, 52/1, 52/2, 52/3, 52/4, 52/5, 52/6, 52/7, 52/250/1, 52/250/3, 52/250/2, 53/1, 53/2, 53/3, 53/4, 53/5, 53/6, 53/7, 53/8, 53/9, 54/1, 54/2, 55/1, 55/2, 55/3, 55/4, 55/5, 55/6, 55/7, 55/8, 56/1, 56/2, 56/3, 56/4, 57, 58/1, 58/2, 58/3, 59/1, 59/2, 60/1, 60/2, 61/1, 61/2, 62/1, 62/2, 63/1, 63/2, 64/1, 64/2, 65, 66, 67/1, 67/2, 67/3, 67/4, 67/5, 68/1, 68/2, 68/3, 68/4, 68/5, 68/6, 68/7, 68/8, 68/9, 69, 70/1, 70/2, 70/3, 70/4, 70/5, 70/6, 70/7, 70/8, 70/9, 70/10, 70/11, 70/12, 70/13, 70/14, 70/15, 70/16, 70/17, 70/18, 70/19, 70/20, 70/21, 70/22, 70/23, 70/24, 71/1, 71/2, 71/3, 71/4, 71/5, 71/6, 71/7, 72/1, 72/2, 72/3, 73/1, 73/2, 73/3, 73/4, 73/5, 74, 75/1, 75/2, 75/251, 75/252, 76, 77, 78, 79/1, 79/2, 79/3, 80/1, 80/2, 80/3, 80/4, 80/5, 80/6, 80/7, 80/8, 80/9, 81/1, 81/2, 81/3, 82/1, 82/2, 82/3, 82/4, 82/5, 83/1, 83/2, 83/3, 84/1, 84/2, 85/1, 85/2, 85/3, 86/1, 86/2, 87/1, 87/2, 88/1, 88/2, 89/1, 89/2, 90/1, 90/2, 90/3, 90/4, 90/5, 90/6, 90/7, 90/8, 90/9, 91/1, 91/2, 92/1, 92/2, 92/3, 92/4, 92/5, 92/6, 92/7, 92/8, 92/9, 93/1, 93/2, 93/3, 94/1, 94/2, 94/3, 95, 96/1, 96/2, 96/3, 96/4, 96/5, 97, 98/1, 98/2, 98/3, 98/4, 98/5, 99/1, 99/2, 99/3, 99/4, 100/1, 100/2, 100/3, 100/4, 100/5, 100/6, 101/1, 101/2, 101/3, 102/1, 102/2, 103/1, 103/2, 104/1, 104/2, 105, 106/1, 106/2, 107/1, 107/2, 107/3, 107/4, 108, 109, 110, 111/1, 111/2, 111/3, 111/4, 112/1, 112/2, 112/3, 112/4, 113, 114, 115/1, 115/2, 116/1, 116/2, 116/3, 117/1, 117/2, 118/1, 118/2, 119/1, 119/2, 119/3, 119/4, 120/1, 120/2, 121/1, 121/2, 122/1, 122/2, 123, 124, 125, 126, 127, 128, 129/1, 129/2, 130/1, 130/2, 131/1, 131/2, 132/1, 132/2, 133/1, 133/2, 133/3, 133/4, 134, 135/1, 135/2, 136, 137/1, 137/2, 138, 139/1, 139/2, 140, 141, 142/1, 142/2, 142/3, 143, 144, 145/1, 145/2, 146, 147, 148, 149, 150, 151/1, 152, 153/1, 153/2, 154/1, 154/2, 155/1, 155/2, 155/3, 156/1, 156/2, 156/3, 156/4, 157/1, 157/2, 157/3, 157/4, 157/5, 158/2, 158/3, 158/4, 158/12, 158/14, 158/15, 158/1 (P), 159/1, 159/2, 159/3, 160/1 , 160/2, 160/3, 160/4, 160/5, 161/1, 161/2, 161/3, 162, 163/1, 163/2, 164 (P), 165, 166 (P), 167/1, 167/2, 167/4, 168, 169 (P), 170, 171/1, 171/2, 171/3, 171/4, 172/1, 172/2, 172/3, 172/4, 173, 174 (P), 175/2, 175/1 (P), 176, 177 (P), 179 (P), 183/3, 183/6, 183/7, 183/11, 183/1 (P), 184/1, 184/2, 184/3, 184/4, 184/5 , 184/6, 184/7, 185/1, 185/2, 185/3, 185/4, 186/1, 186/2, 187/1, 187/2, 188/1, 188/2, 188/3, 188/4, 188/5, 189/1, 189/2, 189/3, 190, 191/9, 191/16, 191/1 (P), 250/1, 250/2, 250/3, 250/4, 250/5, 250/6, 250/7, 250/8, 250/9.

5- Plot numbers to be acquired in village Ghatbara (Part):

1/2 (P), 1/10, 1/19 (P), 1/20, 1/21, 1/22, 2/1, 2/2, 3/1 (P), 3/2 (P), 3/3 (P), 3/4 (P), 3/5 (P), 4/1, 4/2, 4/3 (P), 4/4 (P), 39 (P), 40 (P), 820/1 (P).

6- Plot numbers to be acquired in village Fatehpur (Part):

2, 3/1, 3/2, 3/3, 3/4, 3/5, 3/7, 3/8, 3/9, 3/10, 3/11, 3/12, 3/13, 3/16, 3/21, 3/23, 3/24, 3/25, 3/78/371, 3/78/372, 3/6 KA, 3/6 KH, 4/1, 4/2, 5, 6/1, 6/2, 6/3, 6/4, 6/5, 7/1, 7/2, 7/3, 8, 9, 10, 11, 12, 13/1, 13/2, 14, 15, 16, 17/1, 17/2, 18, 19/1, 19/2, 20/1, 20/2, 20/3, 21, 22, 23/1, 23/2, 23/3, 23/4, 23/5, 24, 25/1, 25/2, 25/3, 26, 27, 28, 29, 30, 31, 32, 33, 34/1, 34/2, 35/1, 35/2, 36/1, 36/2, 37, 38, 39, 40, 41, 42, 43, 44, 45/1, 45/2, 45/358, 46, 47/1, 47/2, 48/1, 48/2, 49, 50, 51/1, 51/2, 51/3, 51/4, 51/5, 52/1, 52/2, 53, 54, 55, 56, 57, 58, 59, 60/1, 60/2, 60/359, 61, 62, 63/1, 63/2, 63/3, 63/4, 63/5, 63/6, 64, 65, 66, 67, 68/1, 68/2, 69/1, 69/2, 69/3, 69/4, 70, 71/1, 71/2, 72/1, 72/2, 73/1, 73/2, 74, 75/1, 75/2, 75/3, 75/4, 75/5, 75/6, 75/7, 76, 77/1, 77/2, 77/3, 77/4, 78/1, 78/2, 78/3, 78/4, 78/5, 78/6, 79, 81, 82, 83, 84, 85/1, 85/2, 86/1, 86/2, 86/3, 86/4, 86/360/3, 86/360/1, 86/360/2, 87, 88, 89/1, 89/2, 89/3, 89/4, 90/1, 90/2, 91/1, 91/2, 91/3, 91/4, 91/5, 91/6, 92, 93, 94, 95/361, 95, 96, 97/364, 97, 98/1, 98/2, 98/3, 99/1, 99/2, 99/3, 99/4, 99/5, 99/6, 99/7, 99/8, 99/9, 100, 101, 102, 103, 104/1, 104/2, 104/3, 104/4, 104/5, 104/6, 104/7, 105, 106/1, 106/2, 107, 108/1, 108/2, 109, 110, 111/1, 111/2, 111/3, 112, 113, 114, 115, 116, 117/1, 117/2, 117/3, 118/1, 118/2, 118/3, 118/4, 118/5, 119, 120, 121, 122, 123/1, 123/2, 123/3, 124, 125/1, 125/2, 125/3, 125/4, 125/5, 125/6, 125/7, 125/8, 125/9, 125/10, 126, 127, 128, 129/1, 129/2, 130, 131, 132/1, 132/2, 133/1, 133/2, 134/1, 134/2, 135, 136/1, 136/2, 136/3, 136/4, 137/1, 137/2, 137/3, 137/4, 138, 139, 140, 141, 142, 143/1, 143/2, 144, 145, 146, 147, 148, 149, 150, 151, 152/363, 152, 153/365, 153, 154, 155, 156, 157, 158, 159/1, 159/2, 160/1, 160/2, 161/1, 161/2, 162/1, 162/2, 163/1, 163/2, 164/1, 164/2, 165/1, 165/2, 165/366, 166/1, 166/2, 166/3, 167/1, 167/2, 167/3, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177/1, 177/2, 177/3, 177/4, 177/5, 178, 179, 180, 181, 182/1, 182/2, 182/3, 183, 184, 185, 186, 187/1, 187/2, 188, 189, 190/1, 190/2, 191/1, 191/2, 191/362, 192/1, 192/2, 192/3, 192/4, 192/5, 192/6, 193, 194, 195, 196, 197, 198, 199, 200/1, 200/2, 201/1, 201/2, 202, 203, 204, 205, 206/1, 206/2, 207, 208, 209, 210, 211, 212, 213/1, 213/2, 214, 215, 216, 217, 218, 219/1, 219/2, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230/1, 230/2, 230/3, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244/1, 244/2, 244/3, 245, 246, 247, 248, 249, 250/1, 250/2, 250/3, 250/4, 250/5, 250/6, 251, 252, 253, 254/1, 254/2, 254/3, 254/4, 254/5, 255, 256, 257/1, 257/2, 258, 259/1, 259/2, 259/3, 259/4, 259/5, 259/6, 259/7, 259/8, 259/9, 259/10, 260, 261, 262, 263, 264(P), 265(P), 270/1, 270/2, 270/3(P), 270/4, 271/1(P), 271/2, 277(P), 278/2, 278/3, 278/7, 278/1(P), 278/4 (P), 278/5 (P), 278/6 (P), 279, 280/2, 280/3, 280/4, 280/5, 280/6, 280/7, 280/8, 280/9, 280/10, 280/11, 280/1(P), 288, 303/1(P),[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8803 304(p), 305, 306, 307/1(P), 307/2, 307/3(P), 308, 309, 310, 311, 312, 313/1(P), 314(P), 315/1, 315/2, 315/3, 315/4, 315/5, 315/6, 316.

Plot details of Protected and Reserved Forest Land :

1982 (Part), 1981 (Part), P-1986 (Part), P-1997 (Part), P-2006 , P-2005 (Part), P-1998 (Part).

Boundary Description:

H-A : Line starts from point 'H' in Janardanpur village & passes through southern boundary of forest compartment number P1997 and plot numbers, 457, 454, 465 etc. and also passes through plot numbers 502, 503, 524, 529, 687 etc. of village Salhi and meets at point 'A' in the middle of the Salhi village.

A-B: Line starts from point 'A' of village Salhi and passes through plot numbers 710, 711 & also passes through plot nos. 164, 166, 176 etc. middle of the Hariharpur village and also passes through western boundary of forest compartment P2005 and plot nos. 3, 4 etc. of village Ghatbara and western boundary of forest compartment P1998 and meets at point 'B' near the western boundary of Ghatbara village.

B-C: Line starts from point 'B' of village Ghatbarra and passes through plot numbers 314, 264, 277 etc of village Fatehpur and passes through North East boundary of forest compartment 1981 and meets at point 'C' near the eastern boundary of Tara village.

C-D-E-F-G-H: Line starts from point 'C' of village Tara and passes through plot numbers 783, 794 etc. meets at point 'D' near the north eastern boundary of Tara village. And Line starts from point 'D' of Tara village and passes through forest compartment P1986 and plot number 659 of Tara village and meets at point 'E' near the north eastern boundary of Tara village. And line starts from point 'E' of Tara village and passes through forest compartment P1986 and plot number 605 of Tara village and meets at point 'F' near the southern boundary of Janardanpur village. And line starts from point 'F' of Janardanpur village and passes through forest compartment 1982 and meets at point 'G' near the south eastern boundary of Janardanpur village. And line starts from at point 'G' of Janardanpur village and passes through forest compartment 1982 and plot numbers 410, 408 and passes through forest compartment P 1997 and meets at point 'H' in the middle of Janardanpur village.

[F. No. 43015/28/2017-LA&IR]

R. S. SAROJ, Under Secy.

अंतरिक्ष विभाग अंतरिक्ष विभाग अंतरिक्ष विभाग अंतरिक्ष विभाग

बेंगलूर, 4 अक्तूबर, 2017

का.आ. का.आ. का.आ. का.आ. 2623262326232623....————संविधान के अनुcछेद 309 के परंतुक द्वारा दी गई शक्तियों का प्रयोग करते 'ए, राष्ट्रपति विभाग के अंतरिक्ष

कर्मचारी (वर्गीकरण, नियंत्रण एवं अपील) नियम, 1976 को पुन: संशोधित करने हेतु निम्नलिखित नियम बनाते हैं:-

1) ये नियम अंतरिक्ष विभाग के कर्मचारी (वर्गीरकरण, नियंत्रण एवं अपील) संशोधन नियम, 2017 कहलायेंगे।

2) ये सरकार के राजपत्र में प्रकाशन की तिथि से लागू होंगे।

2. अंतरिक्ष विभाग के कर्मचारी (वर्गीकरण, नियंत्रण एवं अपील) नियम, 1976 में दी गई मौजूदा अनुसूची में, जहां सतीश धवन

अंतरिक्ष कें * (एस.डी.एस.सी.-शार), -ीहरिकोटा के अंतर्गत प्रधान, का[मक एवं सामान्य प्रशासन का पदनाम मौजूद है, वह "व. प्रधान,

का[मक एवं सामान्य प्रशासन/प्रधान, का[मक एवं सामान्य प्रशासन" से प्रतिस्थापित किया जाएगा।

[सं. ई.14015/1/2012-IV]

एस. कु मारास्वामी, संयुक्त सिचव8804 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] नोट:नोट:नोट:नोट: मुख्य नियम भारत सरकार के दि. 01.04.1976 के राजपत्र (असाधारण) भाग II, ख>ड-3, उपखंड -(ii) में दिनांक 01.04.1976 की सं. एस.ओ. 270 (अ) द्वारा प्रकाशित किए गए थे और तदनुसार निम्नांकित द्वारा संशोधित किए गए हैं:-

DEPARTMENT OF SPACE

Bangalore, the 4th October, 2017

S.O. 2623.—In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules further to amend the Department of Space Employees' (Classification, Control and Appeal) Rules, 1976, namely:-

1) These rules may be called the Department of Space Employees' (Classification, Control and Appeal) Amendment Rules, 2017.

2) They shall come into force on the date of their publication in the Official Gazette.

2. In the existing Schedule appended to the Department of Space Employees' (Classification, Control and Appeal) Rules, 1976, where the designation of Head, Personnel & General Administration exists under Satish Dhawan Space Centre (SDSC-SHAR), Sriharikota, it shall be substituted by "Sr. Head, Personnel & General Administration / Head, Personnel & General Administration".

[No. E.14015/1/2012-IV]

S. KUMARASWAMY, Jt. Secy.

Note : The Principal rules were published vide No.S.O.270(E) dated 01.04.1976 in the Gazette of India (Extraordinary) Part-II, Section-3, Sub-Section(ii) dated 01.04.1976 and have been subsequently amended by:-

वाणिज्य एवं उद्योग मंत्रालयवाणिज्य एवं उद्योग मंत्रालयवाणिज्य एवं उद्योग मंत्रालयवाणिज्य एवं उद्योग मंत्रालय

(वाणिज्य विभाग) (वाणिज्य विभाग) (वाणिज्य विभाग) (वाणिज्य विभाग)

नई दिल्ली, 13 अक्तूबर, 2017

का.आ.का.आ.का.आ.का.आ. 2624.2624.2624.2624.————के न्*ीय सरकार, निर्यात (गुणवत्ता नियंत्रण एवं निरीक्षण) नियम, 1964 के िनयम 12, के उपिनयम (2) के साथ पठित, निर्यात (गुणवत्ता नियंत्रण एंव निरीक्षण) अधिनियम, 1963 (1963 का 22) की धारा 7 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, मैसर्स इंस्पेक्टोरेटeिफ़िथ इंडिया प्राइवेट लिमिटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप, ओिडशा - 754142, को उक्त अधिनियम की धारा 7 की उपधारा (1) के प्रयोजन के लिए, इस अिधसूचना के राजपत्र में प्रकाशन की तारीख से तीन वर्ष की अवधि के लिए, वाणिज्य मंत्रालय में भारत सरकार की अधिसूचना के साथ अनुसूची में निQदष्ट दिनांक 20 दिसम्बर, 1965 की अिधसूचना सं॰ का.आ. 3975 तथा दिनांक 20 दिसम्बर, 1965 की अधिसूचना सं॰ का.आ. 3978 dमशः खनिज[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8807 और अयस्क (समूह-।), अर्थात्, लौह अयस्क और समूह-II, अर्थात्, dोम अयस्क को निर्यात से पूर्व निम्नलिखित शतr के अधीन पारादीप पत्तन तथा धामरा पत्तन, में उक्त खनिज और अयस्क के िनरीक्षण करने के लिए एक अभिकरण के रूप में मान्यता देती है, अर्थात् :

(i) के मैसर्स इंस्पेक्टोरेट eिफ़िथ इंडिया प्राइवेट लिमिटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप, ओिडशा - 754142, खनिज और अयस्क समूह-। का निर्यात (निरीक्षण) नियम, 1965 तथा खनिज और अयस्क समूह-II का निर्यात (निरीक्षण) नियम, 1965 के िनयम 4 के अधीन निरीक्षण की पsति की जाँच करने के िलये निर्यात निरीक्षण परिषद् द्वारा निमित्त नाम निQदष्ट अधिकारियों को पर्याप्त सुविधाएं देगी; तथा

(ii) मैसर्स इंस्पेक्टोरेट eिफ़िथ इंडिया प्राइवेट लिमिटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप, ओिडशा - 754142, इस अिधसूचना के अधीन अपने कायu के पालन में निदेशक (निरीक्षण और गुणवत्ता नियंत्रण) निर्यात निरीक्षण परिषद द्वारा समय-समय पर लिखित रूप में दिए गए ऐसे निदwशों से आबs होंगी ।

[फा. सं. के -16014/12/2017- निर्यात निरीक्षण]

संतोष कु मार सारंगी, संयुक्त सचिव

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the 13th October, 2017

S.O. 2624.—In exercise of the powers conferred by the sub-section (1) of section 7 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), read with sub-rule (2) of rule 12 of the Export (Quality Control and Inspection) Rules, 1964, the Central Government hereby recognises M/s. Inspectorate Griffith India Private Limited , HIG-34, Gourav Bihar, Madhuban Paradip, Odisha -754142, as an agency for the purpose of sub-section (1) of section 7 of the said Act for a period of three years from the date of publication of this notification, for the inspection of Mineral and Ores (Group-I), namely, Iron Ore and Group-II , namely , Chrome Ore, Specified in the schedule annexed to the notification of the Government of India in the ministry of Commerce vide number S.O. 3975 dated the 20th December, 1965, and S.O.3978 dated the 20th December, 1965 respectively, prior to export of the said Minerals and Ores at Paradip Port and Dhamra Port, subject to the following conditions, namely: -

(i) that M/s. Inspectorate Griffith India Private Limited, HIG-34, Gourav Bihar, Madhuban Paradip, Odisha -754142, shall give adequate facilities to the officers nominated by the Export Inspection Council in this behalf to examine the method of inspection followed by them in carrying out the inspection under rule 4 of the Export of Minerals and Ores - Group I (Inspection) Rules, 1965 and the Export of Minerals and Ores - Group II (Inspection) Rules, 1965; and

(ii) the M/s. Inspectorate Griffith India Private Limited , HIG-34, Gourav Bihar, Madhuban Paradip, Odisha -754142 , in the performance of their function under this notification shall be bound by such directions as the Director (Inspection and Quality Control), Export Inspection Council may give in writing from time to time.

[F. No. K-16014/12/2017 - Export Inspection]

SANTOSH KUMAR SARANGI, Jt. Secy.

पेट्रोलियम और प्राकृ तिक गैस मंत्रालयपेट्रोलियम और प्राकृ तिक गैस मंत्रालयपेट्रोलियम और प्राकृ तिक गैस मंत्रालयपेट्रोलियम और प्राकृ तिक गैस मंत्रालय

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2625262526252625....————के न्*ीय सरकार ने पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अिधिनयम, 1962 (1962 का 50) (जिसे इसमें इसके पHात उक्त अधिनियम कहा गया है) की धारा 3 उप धारा (1) के अधीन जारी की गई, भारत सरकार के पेट्रोलियम और प्राकृ तिक गैस मंत्रालय की अधिसूचना संख्या का.आ. 914(अ) तारीख 09.03.2017 जिसका प्रकाशन भारत के राजपत्र संख्या 819, भाग II, ख>ड 3, उप ख>ड (II) तारीख 21.03.2017 में किया गया है। इस अधिसूचना में संलO अनुसूची में विनिQदष्ट तेलंगाना राज्य के मंडल कzंगुर िजला नालगोंडा की भूमि में, ओडीशा राज्य में पारादीप से तेलंगाना राज्य में हैदराबाद तक8808 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड के द्वारा dियान्वित किए जा रहे "पारादीप-हैदराबाद पाइपलाइन परियोजना" के संबंध में पाइपलाइन बिछाने के प्रयोजन के लिए उपयोग के अधिकार का अर्जन करने के लिए अपने आशय की घोषणा की थी:

और उक्त राजपत्र अधिसूचना की प्रतियाँ जनता को तारीख 29.05.2017 तक उपलब्ध करा दी गई थ(cid:127)।

और उक्त अधिनियम की धारा 6 की उपधारा (1) के अनुसरण में सक्षम प्राधिकारी नें के न्*ीय सरकार को अपनी रिपोर्ट दे दी है।

और के न्*ीय सरकार ने उक्त रिपोर्ट पर विचार करने के पHात और यह समाधान हो जाने पर कि उक्त भूमि पाइपलाइन बिछाने के लिए अपेक्षित है, उसमें उपयोग के अधिकार का अर्जन करने का विनिश्चय किया है:

अतः अब, के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए एतद् द्वारा घोषणा करती है कि इस अधिसूचना से संलO अनुसूचि में विनिQदष्ट भूमि में पाइपलाइन बिछाने के उपयोग का अधिकार अ[जत किया जाए:

और के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (4) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, यह निदwश देती है कि उक्त भूमि में उपयोग का अधिकार इस घोषणा के प्रकाशन की तारीख से के न्*ीय सरकार में निहित होने के बजाए सभी बिल्लंगमों से मुक्त होकर इंिडयन ऑयल कॉपwरेशन लिमिटेड में निहित होगा।

पेट्रोलियम और खनिज पाइपलाइन अधिनियम, 1962 की धारा 10 के अधीन किसी भी क्षतिपू[त के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड पूर्णतयः उत्तरदायी होगी और पाइपलाइन से संबंधित किसी भी मामले पर के न्*ीय सरकार के वि(cid:129)s कोई वाद, दावा या कानूनी कार्यवाही नह(cid:127) हो सके गी।

vvvvuqlwphuqlwphuqlwphuqlwph

मंडल: कzंगुर

िजला : नालगोंडा

राज्य : तेलंगाना

रामचं*पुरम               75               00              27            61
                         74               00              19            09
                         56               00              19            08
                         57               00              36            06
                         59               00              01            44
                         58               00              31            99
                         52               00              22            94
                         51               00              22            96
                         50               00              17            62
                         48               00              55            44
                         35               00              40            12
                         36               00              31            92
                         32               00              01            94
                         33               00              24            58
                         28               00              20            48
                         25               00              39            18

                          23              00              23             45
                          22              00              03             93
                          21              00              50             08
अईटिपामुला               867              00              00             46
                         964              00              17             85
                         986              00              34             65
                         983              00              25             40
                         984              00              18             47
                        1011/1            00              11             92
                        1011/2            00              09             84
                        1011/3            00              02             25
                        1011/4            00              01             34
                        1010/1            00              25             43
                         1009             00              33             67
                         1005             00              15             88
                         1006             00              36             84
                         912              00              00             33
                         888              00              37             68
                         887              00              28             80
                         880              00              02             90
                         886              00              39             10
                         883              00              13             15
                         882              00              19             28
                         938              00              45             00
                         937              00              29             02
                         946              00              01             24
                         945              00              31             30
                         948              00              52             15
                         949              00              00             27
                         950              00              23             61
  कzंगुर                  55              00              45             75
                          54              00              14             61
                          49              00              22             76

                          50               00              10             42
                          33               00              38             15
                          34               00              21             10
                          38               00              13             54
                          37               00              22             70
                          36               00              00             44
                          24               00              09             08
                          28               00              14             03
                          29               00              25             47
 कल्मेरा                 102               00              32             09
                         105               00              20             32
                         106               00              11             52
                         107               00              29             91
                         108               00              00             47
                          92               00              24             52
                          89               00              32             07
                          90               00              11             02
                          86               00              07             93
                          85               00              01             59
मुनुकु ं (cid:130)ला     502               00              15             35
                         505               00              07             23
                         507               00              07             52
                         506               00              10             32
                         510               00              03             62
                         511               00              10             08
                         559               00              10             03
                         566               00              09             96
                        667/1              00              14             72
                        667/2              00              00             18
                        667/3              00              04             66
                        667/4              00              02             03
                        667/5              00              00             50
                        667/6              00              03             76

                      667/7            00              01            52
                      667/8            00              00            35
                      665              00              17            24
                      661              00              02            98
                      664              00              00            68
                      662              00              01            39
                      663              00              07            70
                      658              00              00            45
                      678              00              11            33
                      680              00              13            79
                      681              00              23            80
                      651              00              03            44
                      682              00              25            98
                      684              00              23            57
                      685              00              27            07
                      688              00              38            83
                      693              00              37            04
                      692              00              32            29
                      715              00              23            15
                      714              00              61            05
                      740              00              18            27
                      741              00              08            97
                      742              00              40            12
                      743              00              48            06
                      737              00              19            17
                      733              00              04            65
                      729              00              37            92
                      728              00              29            78
                      501              00              03            35
                      500              00              02            95
                      419              00              00            55
परडा                  394              00              13            34
                      393              00              38            96

                        409              00              36             30
                        408              00              25             64
                        407              00              41             01
                        448              00              43             32
                        457              00              40             57
                        458              00              07             42
                        459              00              30             28
                        467              00              25             31
                        466              00              07             75
                        465              00              52             08
                        464              00              15             55
                        553              00              43             59
                        556              00              39             03
                        557              00              44             63
                        559              00              13             11
                        564              00              36             35
                        563              00              22             72
                        567              00              22             31
तिम्मापुरम               59              00              21             48
                         4               00              27             32
                         5               00              17             40
                         6               00              42             36
                         18              00              18             68
                         17              00              27             08

[फा. सं. आर-25011/1/2017-ओआर-I/47190]

पवन कु मार, अवर सिचव

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 13th November, 2017

S.O. 2625.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas, published in the Gazette of India No. 819 Part-II, Section 3, Sub-section (ii) dated 21.03.2017 vide S.O. Number 914 (E) dated 09.03.2017 issued under Sub-section (1) of Section 3 of the Petroleum and Minerals pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act) the Central Government declared its intention to acquire the right of user in the land situated in Mandal kattangur, District Nalgonda in Telangana State, specified in the schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Paradip in the State of Odisha to Hyderabad in the State of Telangana by the Indian Oil Corporation Limited for implementing the "Paradip–Hyderabad Pipeline Project".

And where as the copies of the Gazette was made available to the public till 29.05.2017.

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act, has submitted his report of Central Government.

And whereas, the Central Government after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire right of the user therein;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user of the said land for laying the pipeline shall, instead of vesting in the Central Government, vests on the date of publication of the declaration, in India Oil Corporation Limited, free from all encumbrances.

India Oil Corporation Limited shall be exclusively liable for any compensation in terms of Section 10 of the P & MP Act, 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to pipeline.

SCHEDULE

Mandal: Kattangur District: Nalgonda State: Telangana

Ramachandrapuram               75                00                27             61
                               74                00                19             09
                               56                00                19             08
                               57                00                36             06
                               59                00                01             44
                               58                00                31             99
                               52                00                22             94
                               51                00                22             96
                               50                00                17             62
                               48                00                55             44
                               35                00                40             12
                               36                00                31             92
                               32                00                01             94
                               33                00                24             58
                               28                00                20             48
                               25                00                39             18
                               23                00                23             45
                               22                00                03             93
                               21                00                50             08
    Aitipamula                 867               00                00             46
                               964               00                17             85
                               986               00                34             65

                           983               00                25              40
                           984               00                18              47
                          1011/1             00                11              92
                          1011/2             00                09              84
                          1011/3             00                02              25
                          1011/4             00                01              34
                          1010/1             00                25              43
                           1009              00                33              67
                           1005              00                15              88
                           1006              00                36              84
                           912               00                00              33
                           888               00                37              68
                           887               00                28              80
                           880               00                02              90
                           886               00                39              10
                           883               00                13              15
                           882               00                19              28
                           938               00                45              00
                           937               00                29              02
                           946               00                01              24
                           945               00                31              30
                           948               00                52              15
                           949               00                00              27
                           950               00                23              61
Kattangur                   55               00                45              75
                            54               00                14              61
                            49               00                22              76
                            50               00                10              42
                            33               00                38              15
                            34               00                21              10
                            38               00                13              54
                            37               00                22              70
                            36               00                00              44
                            24               00                09              08
                            28               00                14              03
                            29               00                25              47
Kalimera                   102               00                32              09
                           105               00                20              32
                           106               00                11              52
                           107               00                29              91
                           108               00                00              47

                            92                00                24              52
                            89                00                32              07
                            90                00                11              02
                            86                00                07              93
                            85                00                01              59
Munukuntla                  502               00                15              35
                            505               00                07              23
                            507               00                07              52
                            506               00                10              32
                            510               00                03              62
                            511               00                10              08
                            559               00                10              03
                            566               00                09              96
                           667/1              00                14              72
                           667/2              00                00              18
                           667/3              00                04              66
                           667/4              00                02              03
                           667/5              00                00              50
                           667/6              00                03              76
                           667/7              00                01              52
                           667/8              00                00              35
                            665               00                17              24
                            661               00                02              98
                            664               00                00              68
                            662               00                01              39
                            663               00                07              70
                            658               00                00              45
                            678               00                11              33
                            680               00                13              79
                            681               00                23              80
                            651               00                03              44
                            682               00                25              98
                            684               00                23              57
                            685               00                27              07
                            688               00                38              83
                            693               00                37              04
                            692               00                32              29
                            715               00                23              15
                            714               00                61              05
                            740               00                18              27
                            741               00                08              97

                             742               00               40              12
                             743               00               48              06
                             737               00               19              17
                             733               00               04              65
                             729               00               37              92
                             728               00               29              78
                             501               00               03              35
                             500               00               02              95
                             419               00               00              55
   Parada                    394               00               13              34
                             393               00               38              96
                             409               00               36              30
                             408               00               25              64
                             407               00               41              01
                             448               00               43              32
                             457               00               40              57
                             458               00               07              42
                             459               00               30              28
                             467               00               25              31
                             466               00               07              75
                             465               00               52              08
                             464               00               15              55
                             553               00               43              59
                             556               00               39              03
                             557               00               44              63
                             559               00               13              11
                             564               00               36              35
                             563               00               22              72
                             567               00               22              31
Thimmapuram                  59                00               21              48
                              4                00               27              32
                              5                00               17              40
                              6                00               42              36
                             18                00               18              68
                             17                00               27              08

[F. No. R-25011/1/2017-OR-I/47190]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2626262626262626....————के न्*ीय सरकार ने पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम, 1962 (1962 का 50) (जिसे इसमें इसके पHात उक्त अधिनियम कहा गया है) की धारा 3 उप धारा (1) के अधीन जारी की गई, भारत सरकार के पेट्रोलियम और प्राकृ तिक गैस मंत्रालय की अधिसूचना संख्या का.आ. 732(अ) तारीख 03.03.2017 जिसका प्रकाशन भारत के राजपत्र संख्या 657, भाग II, ख>ड 3, उप ख>ड (II) तारीख 03.03.2017 में किया गया है। इस अधिसूचना में संलO अनुसूची में विनिQदष्ट तेलंगाना राज्य के मंडल के तेपल्ली िजला नालगोंडा की भूमि में, ओडीशा राज्य में पारादीप से तेलंगाना राज्य में हैदराबाद तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड के द्वारा dियान्वित किए जा रहे "पारादीप-हैदराबाद पाइपलाइन परियोजना" के संबंध में पाइपलाइन बिछाने के प्रयोजन के लिए उपयोग के अधिकार का अर्जन करने के लिए अपने आशय की घोषणा की थी:

और उक्त राजपत्र अधिसूचना की प्रतियाँ जनता को तारीख 29.05.2017 तक उपलब्ध करा दी गई थ(cid:127)।

और उक्त अधिनियम की धारा 6 की उपधारा (1) के अनुसरण में सक्षम प्राधिकारी नें के न्*ीय सरकार को अपनी रिपोर्ट दे दी है।

और के न्*ीय सरकार ने उक्त रिपोर्ट पर विचार करने के पHात और यह समाधान हो जाने पर कि उक्त भूमि पाइपलाइन बिछाने के लिए अपेक्षित है, उसमें उपयोग के अधिकार का अर्जन करने का विनिश्चय किया है:

अतः अब, के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए एतद्द्वाराघोषणा करती है कि इस अधिसूचना से संलO अनुसूचि में विनिQदष्ट भूमि में पाइपलाइन बिछाने के उपयोग का अधिकार अ[जत किया जाए:

और के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (4) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, यह निदwश देती है कि उक्त भूमि में उपयोग का अधिकार इस घोषणा के प्रकाशन की तारीख से के न्*ीय सरकार में निहित होने के बजाए सभी बिल्लंगमों से मुक्त होकर इंडियन ऑयल कॉपwरेशन लिमिटेड में निहित होगा।

पेट्रोलियम और खनिज पाइपलाइन अधिनियम, 1962 की धारा 10 के अधीन किसी भी क्षतिपू[त के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड पूर्णतयः उत्तरदायी होगी और पाइपलाइन से संबंधित किसी भी मामले पर के न्*ीय सरकार के वि(cid:129)s कोई वाद, दावा या कानूनी कार्यवाही नह(cid:127) हो सके गी।

vvvvuqlwphuqlwphuqlwphuqlwph

मंडल : के तेपल्ली

िजला : नालगोंडा राज्य : तेलंगाना

भीमारम                  63              00              02             30
                       54/1             00              03             48
                        508             00              66             23
                        500             00              03             52
                        503             00              40             71
                        491             00              22             40
                        492             00              37             97
                        487             00              36             39
                        486             00              25             82
                        485             00              10             14

                         483               00              23             80
                         482               00              24             77
 कोप्पोल                  76               00              23             71
                          81               00              18             23
 तु ंगतु[त               182               00              43             22
                         181               00              32             09
                         180               00              63             40
                         179               00              33             45
                         167               00              44             33
                         166               00              51             34
                         169               00              01             57
                         147/1             00              23             09
                        147/26             00              07             84
                         157               00              18             55
                         156               00              14             21
                          13               00              01             81
                          14               00              04             19
                          18               00              07             03
                          30               00              34             06
                          27               00              58             68
चे(cid:129)कु पल्ली      465               00              02             96
                         552               00              21             15
                         553               00              31             09
                         557               00              43             19
                         558               00              30             90
                         573               00              19             97
                         574               00              23             18
                         393               00              00             11
                         392               00              00             01
                         391               00              06             29
                         389               00              69             65
                         584               00              15             83
                         585               00              48             23
                         586               00              34             45
                         384               00              22             11
                         382               00              54             81

बंडपालेम                191              00              26            45
                        192              00              21            92
                        193              00              14            67
                        195              00              48            24
                        196              00              17            43
                        197              00              28            10
                        212              00              10            20
                        213              00              03            89
                        214              00              06            84
                        181              00              00            28
                        217              00              00            48
                        218              00              06            02
                        288              00              43            55
                        289              00              54            10

[फा. सं. आर-25011/1/2017-ओआर-I/47190]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2626.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas, published in the Gazette of India No. 657 Part-II, Section 3, Sub-section (ii) dated 03.03.2017 vide S.O. Number 732 (E) dated 03.03.2017 issued under Sub-section (1) of Section 3 of the Petroleum and Minerals pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act) the Central Government declared its intention to acquire the right of user in the land situated in Mandal Kethepally, District Nalgonda in Telangana State, specified in the schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Paradip in the State of Odisha to Hyderabad in the State of Telangana by the Indian Oil Corporation Limited for implementing the "Paradip–Hyderabad Pipeline Project".

And where as the copies of the Gazette was made available to the public till 29.05.2017.

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act, has submitted his report of Central Government.

And whereas, the Central Government after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire right of the user therein;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user of the said land for laying the pipeline shall, instead of vesting in the Central Government, vests on the date of publication of the declaration, in India Oil Corporation Limited, free from all encumbrances.

India Oil Corporation Limited shall be exclusively liable for any compensation in terms of Section 10 of the P & MP Act, 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to pipeline.

SCHEDULE

Mandal : Kethepally District : Nalgonda State : Telangana

 Bheemaram                   63                00                02              30
                             54/1              00                03              48
                             508               00                66              23
                             500               00                03              52
                             503               00                40              71
                             491               00                22              40
                             492               00                37              97
                             487               00                36              39
                             486               00                25              82
                             485               00                10              14
                             483               00                23              80
                             482               00                24              77
   Koppole                   76                00                23              71
                             81                00                18              23
Thungathurthy                182               00                43              22
                             181               00                32              09
                             180               00                63              40
                             179               00                33              45
                             167               00                44              33
                             166               00                51              34
                             169               00                01              57
                            147/1              00                23              09
                            147/26             00                07              84
                             157               00                18              55
                             156               00                14              21
                             13                00                01              81
                             14                00                04              19
                             18                00                07              03
                             30                00                34              06
                             27                00                58              68
 Cherkupally                 465               00                02              96
                             552               00                21              15
                             553               00                31              09

                            557               00               43              19
                            558               00               30              90
                            573               00               19              97
                            574               00               23              18
                            393               00               00              11
                            392               00               00              01
                            391               00               06              29
                            389               00               69              65
                            584               00               15              83
                            585               00               48              23
                            586               00               34              45
                            384               00               22              11
                            382               00               54              81
Bandapalem                  191               00               26              45
                            192               00               21              92
                            193               00               14              67
                            195               00               48              24
                            196               00               17              43
                            197               00               28              10
                            212               00               10              20
                            213               00               03              89
                            214               00               06              84
                            181               00               00              28
                            217               00               00              48
                            218               00               06              02
                            288               00               43              55
                            289               00               54              10

[F. No. R-25011/1/2017-OR-I/47190]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2627262726272627....———— के न्*ीय सरकार ने पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम, 1962 (1962 का 50) (जिसे इसमें इसके पHात उक्त अधिनियम कहा गया है) की धारा 3 की उप धारा (1) के अधीन जारी की गई, भारत सरकार के पेट्रोलियम और प्राकृ तिक गैस मंत्रालय की अधिसूचना संख्या का.आ. 731(अ) तारीख 03.03.2017 जिसका प्रकाशन

भारत के राजपत्र संख्या 657, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 03.03.2017 में किया गया है। इस अधिसूचना में संलO अनुसूची में विनिQदष्ट तेलंगाना राज्य के मंडल नकw टपल्ली िजला नालगोंडा की भूमि में, ओडीशा राज्य में पारादीप से तेलंगाना राज्य में हैदराबाद तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड के द्वारा dियान्वित किए जा रहे "पारादीप-हैदराबाद8822 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] पाइपलाइन परियोजना" के संबंध में पाइपलाइन बिछाने के प्रयोजन के लिए उपयोग के अधिकार का अर्जन करने के लिए अपने आशय की घोषणा की थी:

और उक्त राजपत्र अधिसूचना की प्रतियाँ जनता को तारीख 29.05.2017 तक उपलब्ध करा दी गई थ(cid:127)।

और उक्त अधिनियम की धारा 6 की उपधारा (1) के अनुसरण में सक्षम प्राधिकारी नें के न्*ीय सरकार को अपनी रिपोर्ट दे दी है।

और के न्*ीय सरकार ने उक्त रिपोर्ट पर विचार करने के पHात और यह समाधान हो जाने पर कि उक्त भूमि पाइपलाइन बिछाने के लिए अपेक्षित है, उसमें उपयोग के अधिकार का अर्जन करने का विनिश्चय किया है:

अतः अब, के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए एतद्द्वारा घोषणा करती है कि इस अधिसूचना से संलO अनुसूची में विनिQदष्ट भूमि में पाइपलाइन बिछाने के उपयोग का अधिकार अ[जत किया जाए:

और के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (4) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, यह निदwश देती है कि उक्त भूमि में उपयोग का अधिकार इस घोषणा के प्रकाशन की तारीख से के न्*ीय सरकार में निहित होने के बजाए सभी बिल्लंगमों से मुक्त होकर इंडियन ऑयल कॉपwरेशन लिमिटेड में निहित होगा।

पेट्रोलियम और खनिज पाइपलाइन अधिनियम, 1962 की धारा 10 के अधीन किसी भी क्षतिपू[त के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड पूर्णतयः उत्तरदायी होगी और पाइपलाइन से संबंधित किसी भी मामले पर के न्*ीय सरकार के वि(cid:129)s कोई वाद, दावा या कानूनी कार्यवाही नह(cid:127) हो सके गी।

vuqlwphvuqlwphvuqlwphvuqlwph

मंडल : नकw टपल्ली

िजला : नालगोंडा राज्य : तेलंगाना

नेम्मनि                153              00              39             00
                       147              00              17             17
                       151              00              32             61
                       126              00              30             89
                       125              00              10             61
                       163              00              32             82
                       123              00              01             01
                       166              00              45             62
                       167              00              28             73
                       118              00              01             56
                       117              00              14             51
                       116              00              21             00
                       115              00              50             16
                       112              00              49             99
                      175/1             00              10             55

 175/3            00              04            04
 175/4            00              08            13
 176              00              37            97
 177              00              15            69
 178              00              19            94
 179              00              19            98
 180              00              28            83
 197              00              30            00
 196              00              42            02
 202              00              05            35
 254              00              18            26
 253              00              07            09
 252              00              37            92
276/13            00              07            12
276/11            00              07            53
 276/1            00              03            71
 245              00              07            61
 246              00              02            22
 243              00              02            17
 242              00              05            83
 241              00              19            94
 239              00              56            81
 237              00              12            11
 236              00              11            79
 235              00              04            68
 230              00              05            08
 229              00              13            49
 228              00              02            28
 226              00              04            67
 225              00              00            01

                         224               00              13             92
ति(cid:129)मलगिरि        115               00              00             59
                         114               00              03             52
                         118               00              08             96
                         117               00              06             60
                         121               00              01             50
                         124               00              39             20
  मंदरा                  174               00              10             85
                         176               00              08             34
                         175               00              18             79
                         177               00              34             03
                         178               00              36             97
                         182               00              23             74
                         189               00              37             04
                         188               00              12             11
                         192               00              13             24
                         194               00              01             33
                         199               00              50             47
                         203               00              05             24
                         205               00              01             66
                         204               00              35             28
                         209               00              32             65
                         208               00              12             31
                         211               00              14             11
                         212               00              12             06
                         236               00              20             12
                         235               00              31             22
                         234               00              34             37
                         226               00              13             00
                         227               00              22             55

265              00             00             68
224              00             29             98
220              00             07             06
222              00             29             21

[फा. सं. आर-25011/1/2017-ओआर-I/47190]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2627.— Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas, published in the Gazette of India No. 657 Part-II, Section 3, Sub-section (ii) dated 03.03.2017 vide S.O. Number 731 (E) dated 03.03.2017 issued under Sub-section (1) of Section 3 of the Petroleum and Minerals pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act) the Central Government declared its intention to acquire the right of user in the land situated in Mandal Narketpally, District Nalgonda in Telangana State, specified in the schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Paradip in the State of Odisha to Hyderabad in the State of Telangana by the Indian Oil Corporation Limited for implementing the "Paradip–Hyderabad Pipeline Project".

And where as the copies of the Gazette was made available to the public till 29.05.2017.

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act, has submitted his report of Central Government.

And whereas, the Central Government after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire right of the user therein;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user of the said land for laying the pipeline shall, instead of vesting in the Central Government, vests on the date of publication of the declaration, in India Oil Corporation Limited, free from all encumbrances.

India Oil Corporation Limited shall be exclusively liable for any compensation in terms of Section 10 of the P & MP Act, 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to pipeline.

SCHEDULE

Mandal : Narketpally District : Nalgonda State : Telangana

Nemmani                   153               00               39              00
                          147               00               17              17
                          151               00               32              61
                          126               00               30              89
                          125               00               10              61

 163                00               32              82
 123                00               01              01
 166                00               45              62
 167                00               28              73
 118                00               01              56
 117                00               14              51
 116                00               21              00
 115                00               50              16
 112                00               49              99
 175/1              00               10              55
 175/3              00               04              04
 175/4              00               08              13
 176                00               37              97
 177                00               15              69
 178                00               19              94
 179                00               19              98
 180                00               28              83
 197                00               30              00
 196                00               42              02
 202                00               05              35
 254                00               18              26
 253                00               07              09
 252                00               37              92
276/13              00               07              12
276/11              00               07              53
 276/1              00               03              71
 245                00               07              61
 246                00               02              22
 243                00               02              17
 242                00               05              83
 241                00               19              94
 239                00               56              81
 237                00               12              11
 236                00               11              79
 235                00               04              68
 230                00               05              08
 229                00               13              49
 228                00               02              28
 226                00               04              67

                            225                00               00              01
                            224                00               13              92
Thirumalagiri               115                00               00              59
                            114                00               03              52
                            118                00               08              96
                            117                00               06              60
                            121                00               01              50
                            124                00               39              20
  Mandra                    174                00               10              85
                            176                00               08              34
                            175                00               18              79
                            177                00               34              03
                            178                00               36              97
                            182                00               23              74
                            189                00               37              04
                            188                00               12              11
                            192                00               13              24
                            194                00               01              33
                            199                00               50              47
                            203                00               05              24
                            205                00               01              66
                            204                00               35              28
                            209                00               32              65
                            208                00               12              31
                            211                00               14              11
                            212                00               12              06
                            236                00               20              12
                            235                00               31              22
                            234                00               34              37
                            226                00               13              00
                            227                00               22              55
                            265                00               00              68
                            224                00               29              98
                            220                00               07              06
                            222                00               29              21

[F. No. R-25011/1/2017-OR-I/47190]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2628262826282628....————के न्*ीय सरकार ने पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम, 1962 (1962 का 50) (जिसे इसमें इसके पHात उक्त अधिनियम कहा गया है) की धारा 3 की उप धारा (1) के अधीन जारी की गई, भारत सरकार के पेट्रोलियम और प्राकृ तिक गैस मंत्रालय की अधिसूचना संख्या का.आ. 914(अ) तारीख 09.03.2017 जिसका प्रकाशन भारत के राजपत्र संख्या 819, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 21.03.2017 में किया गया है। इस अधिसूचना में संलO अनुसूची में विनिQदष्ट तेलंगाना राज्य के मंडल नकिरेकल िजला नालगोंडा की भूमि में, ओडीशा राज्य में पारादीप से तेलंगाना राज्य में हैदराबाद तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड के द्वारा dियान्वित किए जा रहे "पारादीप-हैदराबाद पाइपलाइन परियोजना" के संबंध में पाइपलाइन बिछाने के प्रयोजन के लिए उपयोग के अधिकार का अर्जन करने के लिए अपने आशय की घोषणा की थी:

और उक्त राजपत्र अधिसूचना की प्रतियाँ जनता को तारीख 29.05.2017 तक उपलब्ध करा दी गई थ(cid:127)।

और उक्त अधिनियम की धारा 6 की उपधारा (1) के अनुसरण में सक्षम प्राधिकारी नें के न्*ीय सरकार को अपनी रिपोर्ट दे दी है।

और के न्*ीय सरकार ने उक्त रिपोर्ट पर विचार करने के पHात और यह समाधान हो जाने पर कि उक्त भूमि पाइपलाइन बिछाने के लिए अपेक्षित है, उसमें उपयोग के अधिकार का अर्जन करने का विनिश्चय किया है:

अतः अब, के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए एतद्द्वारा घोषणा करती है कि इस अधिसूचना से संलO अनुसूची में विनिQदष्ट भूमि में पाइपलाइन बिछाने के उपयोग का अधिकार अ[जत किया जाए:

और के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (4) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, यह निदwश देती है कि उक्त भूमि में उपयोग का अधिकार इस घोषणा के प्रकाशन की तारीख से के न्*ीय सरकार में निहित होने के बजाए सभी िवल्लंगमों से मुक्त होकर इंडियन ऑयल कॉपwरेशन लिमिटेड में निहित होगा।

पेट्रोलियम और खनिज पाइपलाइन अधिनियम, 1962 की धारा 10 के अधीन किसी भी क्षतिपू[त के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड पूर्णतयः उत्तरदायी होगी और पाइपलाइन से संबंधित किसी भी मामले पर के न्*ीय सरकार के वि(cid:129)s कोई वाद, दावा या कानूनी कार्यवाही नह(cid:127) हो सके गी।

vuqlwphvuqlwphvuqlwphvuqlwph

मंडल : नकिरेकल

िजला : नालगोंडा राज्य : तेलंगाना

चंदुप(cid:130)ला          178                00               41              09
                          179                00               20              10
                          177                00               52              79
                          176                00               03              67
                          169                00               18              16
                          170                00               32              29
                          171                00               32              94
                          160                00               07              59
                          180                00               12              86

                       181              00              07            51
                       182              00              23            35
                       183              00              05            22
                       185              00              10            62
                       184              00              04            40
                       193              00              20            43
                      194/2             00              07            26
                      194/1             00              03            55
                       192              00              18            21
                       191              00              31            97
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                       381              00              08            02
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                       392              00              20            75
                       427              00              00            55
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                       412              00              13            03
                       413              00              00            22
                       414              00              05            31
                       418              00              08            06
                       416              00              05            94
                      351/1             00              05            30
मर्रू र               342/1             00              89            63
                       345              00              15            94
                     342/167            00              07            76

                       342/66             00              06            96
                       342/67             00              06            32
                       342/97             00              00            37
                       342/100            00              01            72
                       342/99             00              02            71
                         340              00              23            72
                         339              00              30            04
                         195              00              40            05
                         196              00              40            27
                       342/145            00              04            23
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                       342/158            00              07            92
                       342/157            00              08            31
                       342/150            00              14            25
                         296              00              13            57
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                         303              00              01            39
                         298              00              13            85
                         302              00              08            63
                         316              00              02            82
                         321              00              00            28
                         320              00              47            24
मंगलपल्ली                125              00              20            82
                         126              00              27            67
                         124              00              25            35
                         123              00              23            76
                         121              00              29            16
                         119              00              32            62
                         118              00              00            29

131              00             02             37
132              00             30             50
133              00             08             65
191              00             24             12
168              00             09             13
170              00             01             52
171              00             00             59
188              00             11             21
187              00             00             53
186              00             03             63
184              00             05             14
185              00             00             37
178              00             15             52
180              00             03             97
179              00             15             80
288              00             04             58
289              00             01             43
294              00             01             33
293              00             21             95
292              00             14             57
291              00             01             71
306              00             34             40
310              00             18             80
309              00             14             77
360              00             35             32
417              00             47             23
522              00             31             12
525              00             31             07
532              00             10             56
528              00             28             80

                        529              00              20             85
                        514              00              19             32
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                        516              00              06             99
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                        499              00              14             58
                        498              00              13             59
                       485/25            00              10             23
                       485/7             00              00             01
                       485/6             00              14             37
                       485/4             00              00             37
                       485/2             00              04             33
                       485/1             00              11             29
ताटिकल                 286/1             00              35             10
                       286/66            00              03             45
                       286/67            00              05             55
                       286/68            00              08             32
                       504/1             00              45             43
                        312              00              10             27
                        333              00              05             21
                       330/14            00              14             50
                        317              00              00             87
                       330/12            00              04             83
                       330/13            00              08             51
                        332              00              29             04
                        348              00              28             84

[फा. सं. आर-25011/1/2017-ओआर-I/47190]

पवन कु मार, अवर सिचव[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8833

New Delhi, the 13th November, 2017

S.O. 2628.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas, published in the Gazette of India No. 819 Part-II, Section 3, Sub-section (ii) dated 21.03.2017 vide S.O. Number 914 (E) dated 09.03.2017 issued under Sub-section (1) of Section 3 of the Petroleum and Minerals pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act) the Central Government declared its intention to acquire the right of user in the land situated in Mandal Nakrekal, District Nalgonda in Telangana State, specified in the schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Paradip in the State of Odisha to Hyderabad in the State of Telangana by the Indian Oil Corporation Limited for implementing the "Paradip–Hyderabad Pipeline Project".

And where as the copies of the Gazette was made available to the public till 29.05.2017.

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act, has submitted his report of Central Government.

And whereas, the Central Government after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire right of the user therein;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user of the said land for laying the pipeline shall, instead of vesting in the Central Government, vests on the date of publication of the declaration, in India Oil Corporation Limited, free from all encumbrances.

India Oil Corporation Limited shall be exclusively liable for any compensation in terms of Section 10 of the P & MP Act, 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to pipeline.

SCHEDULE

Mandal : Nakrekal District : Nalgonda State : Telangana

Chandupatla                 178               00                41              09
                            179               00                20              10
                            177               00                52              79
                            176               00                03              67
                            169               00                18              16
                            170               00                32              29
                            171               00                32              94
                            160               00                07              59
                            180               00                12              86
                            181               00                07              51
                            182               00                23              35
                            183               00                05              22
                            185               00                10              62
                            184               00                04              40
                            193               00                20              43
                           194/2              00                07              26

                         194/1               00               03              55
                          192                00               18              21
                          191                00               31              97
                          373                00               23              32
                          381                00               08              02
                          380                00               10              74
                          385                00               09              17
                          384                00               06              67
                          392                00               20              75
                          427                00               00              55
                          393                00               07              19
                          408                00               00              26
                          409                00               15              42
                          410                00               06              25
                          412                00               13              03
                          413                00               00              22
                          414                00               05              31
                          418                00               08              06
                          416                00               05              94
                         351/1               00               05              30
Marrur                   342/1               00               89              63
                          345                00               15              94
                        342/167              00               07              76
                         342/66              00               06              96
                         342/67              00               06              32
                         342/97              00               00              37
                        342/100              00               01              72
                         342/99              00               02              71
                          340                00               23              72
                          339                00               30              04
                          195                00               40              05
                          196                00               40              27
                        342/145              00               04              23
                        342/146              00               00              19
                        342/159              00               05              61
                        342/158              00               07              92
                        342/157              00               08              31
                        342/150              00               14              25
                          296                00               13              57
                          297                00               00              91
                          303                00               01              39

                            298               00                13             85
                            302               00                08             63
                            316               00                02             82
                            321               00                00             28
                            320               00                47             24
Mangalpally                 125               00                20             82
                            126               00                27             67
                            124               00                25             35
                            123               00                23             76
                            121               00                29             16
                            119               00                32             62
                            118               00                00             29
                            131               00                02             37
                            132               00                30             50
                            133               00                08             65
                            191               00                24             12
                            168               00                09             13
                            170               00                01             52
                            171               00                00             59
                            188               00                11             21
                            187               00                00             53
                            186               00                03             63
                            184               00                05             14
                            185               00                00             37
                            178               00                15             52
                            180               00                03             97
                            179               00                15             80
                            288               00                04             58
                            289               00                01             43
                            294               00                01             33
                            293               00                21             95
                            292               00                14             57
                            291               00                01             71
                            306               00                34             40
                            310               00                18             80
                            309               00                14             77
                            360               00                35             32
                            417               00                47             23
                            522               00                31             12
                            525               00                31             07
                            532               00                10             56

                           528               00                28              80
                           529               00                20              85
                           514               00                19              32
                           515               00                09              91
                           516               00                06              99
                           494               00                19              71
                           512               00                20              24
                           495               00                21              02
                           500               00                08              44
                           499               00                14              58
                           498               00                13              59
                         485/25              00                10              23
                          485/7              00                00              01
                          485/6              00                14              37
                          485/4              00                00              37
                          485/2              00                04              33
                          485/1              00                11              29
Thatikal                  286/1              00                35              10
                         286/66              00                03              45
                         286/67              00                05              55
                         286/68              00                08              32
                          504/1              00                45              43
                           312               00                10              27
                           333               00                05              21
                         330/14              00                14              50
                           317               00                00              87
                         330/12              00                04              83
                         330/13              00                08              51
                           332               00                29              04
                           348               00                28              84

[F. No. R-25011/1/2017-OR-I/47190]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2629262926292629....————के न्*ीय सरकार ने पेट्रोलियम और खनिज पाइपलाइन्स (भूमि में उपयोग के अधिकार का अर्जन) अधिनियम, 1962 (1962 का 50) (जिसे इसमें इसके पHात उक्त अधिनियम कहा गया है) की धारा 3 की उप धारा (1) के अधीन जारी की गई, भारत सरकार के पेट्रोलियम और प्राकृ तिक गैस मंत्रालय की अधिसूचना संख्या का.आ. 724(अ) तारीख 03.03.2017 िजसका प्रकाशन भारत के राजपत्र संख्या 651, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 03.03.2017 में किया गया है। इस अधिसूचना में संलO अनुसूची में विनिQदष्ट तेलंगाना राज्य के मंडल चि(cid:131)ाल िजला नालगोंडा की भूमि में, ओडीशा राज्य में पारादीप से तेलंगाना राज्य में हैदराबाद तक पेट्रोलियम उत्पादों के परिवहन के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड के द्वारा dियान्वित किए जा रहे "पारादीप-हैदराबाद[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8837 पाइपलाइन परियोजना" के संबंध में पाइपलाइन बिछाने के प्रयोजन के लिए उपयोग के अधिकार का अर्जन करने के लिए अपने आशय की घोषणा की थी:

और उक्त राजपत्र अधिसूचना की प्रतियाँ जनता को तारीख 29.05.2017 तक उपलब्ध करा दी गई थ(cid:127)।

और उक्त अधिनियम की धारा 6 की उपधारा (1) के अनुसरण में सक्षम प्राधिकारी नें के न्*ीय सरकार को अपनी रिपोर्ट दे दी है।

और के न्*ीय सरकार ने उक्त रिपोर्ट पर विचार करने के पHात और यह समाधान हो जाने पर कि उक्त भूमि पाइपलाइन बिछाने के लिए अपेक्षित है, उसमें उपयोग के अधिकार का अर्जन करने का विनिष्चय किया है:

अतः अब, के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए एतद्द्वारा घोषणा करती है कि इस अधिसूचना से संलO अनुसूची में विनिQदष्ट भूमि में पाइपलाइन बिछाने के उपयोग का अधिकार अ[जत किया जाए:

और के न्*ीय सरकार उक्त अधिनियम की धारा 6 की उपधारा (4) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, यह निदwश देती है कि उक्त भूमि में उपयोग का अधिकार इस घोषणा के प्रकाशन की तारीख से के न्*ीय सरकार में निहित होने के बजाए सभी िवल्लंगमों से मुक्त होकर इंडियन ऑयल कॉपwरेशन लिमिटेड में निहित होगा।

पेट्रोलियम और खनिज पाइपलाइन अधिनियम, 1962 की धारा 10 के अधीन किसी भी क्षतिपू[त के लिए इंडियन ऑयल कॉपwरेशन लिमिटेड पूर्णतयः उत्तरदायी होगी और पाइपलाइन से संबंधित किसी भी मामले पर के न्*ीय सरकार के वि(cid:129)s कोई वाद, दावा या कानूनी कार्यवाही नह(cid:127) हो सके गी।

vuqlwphvuqlwphvuqlwphvuqlwph

मंडल : चि(cid:131)ाल

िजला : नालगोंडा राज्य : तेलंगाना

वािनपाकला                 47               00              15             37
                          45               00              51             80
                          42               00              15             11
                          43               00              07             72
                          39               00              50             47
                          32               00              60             92
िशवनेिनगुडेम              223              00              32             48
                          224              00              49             48
                          228              00              04             39
                          227              00              30             03
                          231              00              41             78
                          232              00              32             06
                          234              00              04             57
                          233              00              21             52

                        240              00               27            72
                        239              00               49            05
                        238              00               32            85
                        237              00               15            90
                        251              00               35            50
                       275/7             00               00            01
                        250              00               04            04
                       275/8             00               11            46
                        279              00               00            16
                       275/9             00               00            67
चि(cid:131)ाल           581              00               26            33
                        578              00               01            88
                        559              00               24            23
                        560              00               22            84
                        562              00               28            47
                        565              00               02            79
                        566              00               34            81
                        708              00               07            23
                        705              00               31            57
                        706              00               10            30
                        696              00               33            45
                        690              00               51            37
                        691              00               49            57
                        660              00               37            05
                        659              00               26            35
                        658              00               34            23
                        709              00               35            57
                        712              00               28            99
                        700              00               43            88

                          55               00               01             71
सुन्के नेपल्ली            68               00               15             91
                          69               00               27             06
                          72               00               24             63
                          71               00               00             84
                          70               00               32             14
                          80               00               42             28
                          81               00               19             40
                          76               00               69             65
                          93               00               41             42
                          79               00               31             46
                          95               00               33             65
                          94               00               06             87

[फा. सं. आर-25011/1/2017-ओआर-I/47190]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2629.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural Gas, published in the Gazette of India No. 651 Part-II, Section 3, Sub-section (ii) dated 03.03.2017 vide S.O. Number 724 (E) dated 03.03.2017 issued under Sub-section (1) of Section 3 of the Petroleum and Minerals pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act) the Central Government declared its intention to acquire the right of user in the land situated in Mandal Chityal, District Nalgonda in Telangana State, specified in the schedule appended to that notification for the purpose of laying pipeline for the transportation of petroleum products from Paradip in the State of Odisha to Hyderabad in the State of Telangana by the Indian Oil Corporation Limited for implementing the "Paradip–Hyderabad Pipeline Project".

And where as the copies of the Gazette was made available to the public till 29.05.2017.

And whereas the Competent Authority has under Sub-section (1) of Section 6 of the said Act, has submitted his report of Central Government.

And whereas, the Central Government after considering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire right of the user therein;

Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by Sub-section (4) of Section 6 of the said Act, the Central Government hereby directs that the right of user of the said land for laying the pipeline shall, instead of vesting in the Central Government, vests on the date of publication of the declaration, in India Oil Corporation Limited, free from all encumbrances.

India Oil Corporation Limited shall be exclusively liable for any compensation in terms of Section 10 of the P & MP Act, 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to pipeline.

SCHEDULE

Mandal : Chityal District : Nalgonda State : Telangana

   Vanipakla                  47                00                15              37
                              45                00                51              80
                              42                00                15              11
                              43                00                07              72
                              39                00                50              47
                              32                00                60              92
Shivanenigudem                223               00                32              48
                              224               00                49              48
                              228               00                04              39
                              227               00                30              03
                              231               00                41              78
                              232               00                32              06
                              234               00                04              57
                              233               00                21              52
                              240               00                27              72
                              239               00                49              05
                              238               00                32              85
                              237               00                15              90
                              251               00                35              50
                             275/7              00                00              01
                              250               00                04              04
                             275/8              00                11              46
                              279               00                00              16
                             275/9              00                00              67
    Chityal                   581               00                26              33
                              578               00                01              88
                              559               00                24              23
                              560               00                22              84
                              562               00                28              47
                              565               00                02              79
                              566               00                34              81
                              708               00                07              23
                              705               00                31              57

                            706                00               10              30
                            696                00               33              45
                            690                00               51              37
                            691                00               49              57
                            660                00               37              05
                            659                00               26              35
                            658                00               34              23
                            709                00               35              57
                            712                00               28              99
                            700                00               43              88
                             55                00               01              71
Sunkenepally                 68                00               15              91
                             69                00               27              06
                             72                00               24              63
                             71                00               00              84
                             70                00               32              14
                             80                00               42              28
                             81                00               19              40
                             76                00               69              65
                             93                00               41              42
                             79                00               31              46
                             95                00               33              65
                             94                00               06              87

[F. No. R-25011/1/2017-OR-I/47190]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2630263026302630....————के न्*ीय सरकार को ऐसा प्रतीत होता है कि लोक िहत में यह आवश्यक है कि भारतीय रेलवे के डी.एफ.सी के िलए बी.के .पी.एल. का मुगलसराय और कानपुर के बीच ख>ड शि(िcid:132)टग के िलए िवगत अनुसार सवwक्षण क्षेत्र-ए (प्रस्थापित पाइपलाईन चैनेज 316....037 से 335.478 तक िजला – मिर्ज़ापुर) में पेट्रोलियम पदाथu के परिवहन हेतु िज़ला मिर्ज़ापुर, राज्य उत्तरप्रदेश में इंिडयन ऑयल कापuरेशन िलिमटेड द्वारा पाइपलाइन िबछाई जानी चािहए और के न्*ीय सरकार को ऐसी पाइपलाइन िबछाने के प्रयोजन के िलए आवश्यक प्रतीत होता है कि उस भूिम में िजसके भीतर उक्त पाइपलाइन िबछाई जाने का प्रस्ताव है और जो इस अिधसूचना से संलO अनुसूची में व[णत है, उपयोग का अर्जन किया जाए;

अब¸ के न्*ीय सरकार¸ पेट्रोलियम और खिनज पाइपलाइन्स (भूिम में उपयोग के अिधकार का अर्जन) अिधिनयम,1962(1962 का 50) की धारा 3 की उपधारा (1)द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, उक्त भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई (cid:134)क्ति, जो उक्त अनुसूची में व[णत भूिम में हितबध्द है, उस तारीख से िजसको, भारत के राजपत्र में यथा प्रकाशित इस अिधसूचना की प्रतियां साधारण जनता को उपलब्ध करा दी जाती है, इ(cid:136)ीस दिन के अन्दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु उपयोग के अिधकार के अर्जन के िलए, -ी सुनील कु मार, सक्षम प्राधिकारी, इंिडयन ऑयल कॉपuरेशन िलिमटेड, पाइपलाइंस िडवीजन8842 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] अनुसूचीअनुसूचीअनुसूचीअनुसूची

हिडोहरा मु. कु ं डाडीह 108 00 02 48

219 00 17 29

[फा. सं. आर-25011/06/2013-ओआर-I/26344]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2630.— Whereas, it appears to the Central Government that it is necessary in the public interest that a pipeline should be laid by the Indian Oil Corporation Limited in Dist. Mirzapur in the State of Uttar Pradesh for carrying out 'Detailed Survey For Shifting Of Barauni Kanpur Pipeline Between Mughalsarai And Kanpur For DFCCIL of Indian Railway in Part-A (From Existing P/L Ch. 316.037 To 335.478 KM In District- Mirzapur)' for the transportation of Petroleum Product;

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 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 the copies of the notification issued under sub-section (1) of Section 3 of the 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 for laying of the pipeline under the land, to Shri Sunil Kumar, Competent Authority, Indian Oil Corporation Limited. (Pipelines Division), Barauni Kanpur Pipelines, Subedarganj P.O. Pipalgaon Dist. Allahabad (Uttar Pradesh) – 211 012.

SCHEDULE

Hindohara Mu. Kundadieh               108                  00            02            48
                                      219                  00            17            29

[F. No. R-25011/06/2013-OR-I/26344]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2631263126312631....————के न्*ीय सरकार को ऐसा प्रतीत होता है कि लोकिहत में यह आवश्यक है कि भारतीय रेलवे के डी.एफ.सी के िलए बी.के .पी.एल. का मुगलसराय और कानपुर के बीच ख>ड शि(िcid:132)टग के िलए िवगत अनुसार सवwक्षण क्षेत्र-ए (प्रस्थापित पाइपलाइन चैनेज 316.037 से 335.478 तक िजला – मिर्ज़ापुर) में पेट्रोलियम पदाथu के परिवहन हेतु िज़ला मिर्ज़ापुर, राज्य उत्तरप्रदेश में इंिडयन ऑयल कापuरेशन िलिमटेड द्वारा पाइपलाइन िबछाई जानी चािहए और के न्*ीय सरकार को ऐसी पाइपलाइन िबछाने के प्रयोजन के िलए आवश्यक प्रतीत होता है कि उस भूिम में िजसके भीतर उक्त पाइपलाइन िबछाई जाने का प्रस्ताव है और जो इस अिधसूचना से संलO अनुसूची में व[णत है, उपयोग का अर्जन किया जाए;

अब¸ के न्*ीय सरकार¸ पेट्रोलियम और खिनज पाइपलाइन्स (भूिम में उपयोग के अिधकार का अर्जन) अिधिनयम, 1962 (1962 का 50) की धारा 3 की उपधारा (1) द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, उक्त भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई (cid:134)क्ति, जो उक्त अनुसूची में व[णत भूिम में हितबध्द है, उस तारीख से िजसको, भारत के राजपत्र में यथा प्रकाशित इस अिधसूचना की प्रतियां साधारण जनता को उपलब्ध करा दी जाती है, इ(cid:136)ीस दिन के अन्दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु उपयोग के अिधकार के अर्जन के िलए, -ी सुनील कु मार, सक्षम प्राधिकारी, इंिडयन ऑयल कॉपuरेशन लिमिटेड, पाइपलाइंस िडवीजन

अनुसूचीअनुसूचीअनुसूचीअनुसूची

 परिसया                       16                   00            01            97
कु >डाडीह                    849                   00            03            86
 परोरा                       560                   00            01            04
 सिकिया                      648                   00            02            50

[फा. सं. आर-25011/06/2013-ओआर-I/26344]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2631.—Whereas, it appears to the Central Government that it is necessary in the public interest that a pipeline should be laid by the Indian Oil Corporation Limited in Dist. Mirzapur in the State of Uttar Pradesh for carrying out 'Detailed Survey For Shifting Of Barauni Kanpur Pipeline Between Mughalsarai And Kanpur For DFCCIL of Indian Railway in Part-A (From Existing P/L Ch. 316.037 To 335.478 KM In District- Mirzapur)' for the transportation of Petroleum Product;

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 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 the copies of the notification issued under sub-section (1) of Section 3 of the 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 for laying of the pipeline under the land, to Shri Sunil Kumar, Competent Authority, Indian Oil Corporation Limited. (Pipelines Division), Barauni Kanpur Pipelines, Subedarganj P.O. Pipalgaon Dist. Allahabad (Uttar Pradesh) – 211 012.

 Parsiya                        16                    00             01            97
Kundadih                       849                    00             03            86
  Katka                        560                    00             01            04
  Sikia                        648                    00             02            50

[F. No. R-25011/06/2013-OR-I/26344]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2632263226322632....————के न्*ीय सरकार को ऐसा प्रतीत होता है कि लोक िहत में यह आवश्यक है कि भारतीय रेलवे के डी.एफ.सी के िलए बी.के .पी.एल. का मुगलसराय और कानपुर के बीच ख>ड शि(िcid:132)टग के िलए िवगत अनुसार सवwक्षण क्षेत्र-ए (प्रस्थापित पाइपलाईन चैनेज 316....037 से 335.478 तक िजला – मिर्ज़ापुर) में पेट्रोलियम पदाथu के परिवहन हेतु िज़ला मिर्ज़ापुर, राज्य उत्तरप्रदेश में इंिडयन ऑयल कापuरेशन िलिमटेड द्वारा पाइपलाइन िबछाई जानी चािहए और के न्*ीय सरकार को ऐसी पाइपलाइन िबछाने के प्रयोजन के िलए आवश्यक प्रतीत होता है कि उस भूिम में िजसके भीतर उक्त पाइपलाइन िबछाई जाने का प्रस्ताव है और जो इस अिधसूचना से संलO अनुसूची में व[णत है, उपयोग का अर्जन किया जाए;

अब¸ के न्*ीय सरकार¸ पेट्रोलियम और खिनज पाइपलाइन्स (भूिम में उपयोग के अिधकार का अर्जन) अिधिनयम,1962(1962 का 50) की धारा 3 की उपधारा (1)द्वारा प्रदत्त शक्तियों का प्रयोग करते 'ए, उक्त भूमि में उपयोग के अधिकार का अर्जन करने के अपने आशय की घोषणा करती है;

कोई (cid:134)क्ति, जो उक्त अनुसूची में व[णत भूिम में हितबध्द है, उस तारीख से िजसको, भारत के राजपत्र में यथा प्रकाशित इस अिधसूचना की प्रतियां साधारण जनता को उपलब्ध करा दी जाती है, इ(cid:136)ीस दिन के अन्दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु उपयोग के अिधकार के अर्जन के िलए, -ी सुनील कु मार, सक्षम प्राधिकारी, इंिडयन ऑयल कॉपuरेशन िलिमटेड, पाइपलाइंस िडवीजन

vuqlwphvuqlwphvuqlwphvuqlwph

दिक्षितपुर                   170                  00            00            60
                             155                  00            01            00
                             169                  00            02            04
                             156                  00            02            28

[फा. सं. आर-25011/06/2013-ओआर-I/26344]

पवन कु मार, अवर सिचव[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8845

New Delhi, the 13th November, 2017

S.O. 2632.—Whereas, it appears to the Central Government that it is necessary in the public interest that a pipeline should be laid by the Indian Oil Corporation Limited in Dist. Mirzapur in the State of Uttar Pradesh for carrying out 'Detailed Survey For Shifting Of Barauni Kanpur Pipeline Between Mughalsarai And Kanpur For DFCCIL of Indian Railway in Part-A (From Existing P/L Ch. 316.037 To 335.478 KM In District- Mirzapur)' for the transportation of Petroleum Product;

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 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 the copies of the notification issued under sub-section (1) of Section 3 of the 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 for laying of the pipeline under the land, to Shri Sunil Kumar, Competent Authority, Indian Oil Corporation Limited. (Pipelines Division), Barauni Kanpur Pipelines, Subedarganj P.O. Pipalgaon Dist. Allahabad (Uttar Pradesh) – 211 012.

SCHEDULE

Dixitpur                      170                   00             00             60
                              155                   00             01             00
                              169                   00             02             04
                              156                   00             02             28

[F. No. R-25011/06/2013-OR-I/26344]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

dk-vk- 2633-—dsUnzh; ljdkj dks ,slk izrhr gksrk gS fd yksd fgr esa ;g vko';d gS fd ^^iVuk & eksfrgkjh & cSrkyiqj 'kk[kk ikbiykbu** ds varxZr isVªksfy;e inkFkksZ ds ifjogu gsrq ftyk floku] jkT; fcgkj esa bafM;u vkW;y dkWiksZjs'ku fyfeVsM }kjk ikbiykbu fcNkbZ tkuh pkfg, A

vkSj dsUnzh; ljdkj dks ,slh ikbiykbu fcNkus ds iz;kstu ds fy, vko';d izrhr gksrk gS fd ml Hkwfe esa ftlds Hkhrj mDr ikbiykbu fcNkbZ tkus dk izLrko gS vkSj tks bl vf/klwpuk ls layXu vuqlwph esa of.kZr gS] mi;ksx 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 iznÙk 'kfDr;ksa dk iz;ksx djrs gq,] mDr Hkwfe esa mi;ksx ds vf/akdkj dk vtZu djus ds vius vk'k; dh ?kks'k.kk djrh gSA

dksbZ O;fDr] tks mDr vuqlwfp esa of.kZr Hkwfe esa fgrc) gS] ml rkjh[k ls ftldks] Hkkjr ds jkti= esa ;Fkk izdkf'kr bl vf/klwpuk dh izfr;ka lk/kkj.k turk dks miyC/k djk nh tkrh gS] bDdhl fnu ds vUnj] Hkwfe ds Hkhrj ikbiykbu fcNk, tkus gsrq mi;ksx ds vf/kdkj ds vtZu ds fy,] Jh txnh'k izlkn flag] fc-iz-ls- o l{ke izkf/kdkjh bafM;u vkW;y dkWiksZjs'ku fyfeVsM] ¼ikbiykbUl fMohtu½ iVuk] ihñ,eñchñihñ,yñ uh'kh dqat] clar fogkj dkWyksuh] cksfjax jksM] ftyk iVuk] fiu% 800001] fcgkj dks fyf[kr :i eas vk{ksi Hkst ldsxkA8846 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] vuqlwphvuqlwphvuqlwphvuqlwph

[फा. सं. आर-25011/53/2017-ओआर-I]

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2633.—Whereas it appears to the Central Government that it is necessary in the public interest that a pipeline should be laid by the Indian Oil Corporation Limited in District Siwan in the State of Bihar for "Patna - Motihari - Baitalpur Branch Pipeline'' for the transportation of Petroleum Product;

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 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 the copies of the notification issued under sub-section (1) of Section 3 of the 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 for laying of the pipeline under the land, to Shri Jagdish Prasad Singh B.A.S. & Competent Authority, Indian Oil Corporation Limited. (Pipelines Division) PMBPL Nishi Kunj, Basant Bihar Colony, Boring Road, Dist. Patna (Bihar.) Pin – 800001.

SCHEDULE

[F. No. R-25011/53/2017-OR-I]

PAWAN KUMAR, Under Secy.

नई दिल्ली, 13 नवम्बर, 2017

का.आ.का.आ.का.आ.का.आ. 2634263426342634....———— के न्*ीय सरकार, पेट्रोलियम एवं खिनज पाइपलाइन ) भूिम में उपयोग के अिधकार का अर्जन (अिधिनयम, 1962 )1962 का 50( , की धारा 2 के खंड ) क) के अनुसरण में, नीचे दी गई अनुसूची के स्तंभ 1 में उल्लिखित (cid:134)क्ति को, उक्त अनुसूची के स्तंभ 2 में की तत्स्थानी प्रविष्टि में उल्लिखित क्षेत्र के संबंध मे उक्त अिधिनयम के अधीन सक्षम प्राधिकारी के कृ त्यों का निर्वहन करने के िलए प्राधिकृ त करती है, अर्थात :-

प्राधिकारी का नाम और पता

अधिकारिता का क्षेत्र

(1)

(2)

गुजरात राज्य

-ी भरत जे. अdू वाला

अपर समाहर्ता (अवकाश प्राप्त)

सक्षम अधिकारी

इंडियन ऑयल कॉपuरेशन लिमिटेड

पHिमी क्षेत्र पाइपलाइन्स प्रोजेक्(cid:130)स

3/122 गुजरात रिफाइनरी टाउनशिप

पी. ओ. - जवाहर नगर

वडोदरा (गुजरात)

िपन -391320

यह अिधसूचना जारी होने की तारीख से लागू होगी |

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

पवन कु मार, अवर सिचव

New Delhi, the 13th November, 2017

S.O. 2634.—In pursuance of clause (a) of Section 2 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby authorises the person mentioned in column (1) of the Schedule given below to perform the functions of the "Competent Authority" under the said Act, in respect of the area mentioned in column (2) of the said Schedule:

SCHEDULE

Name and Address of the Authority Area of jurisdiction

(1) (2)

Shri Bharat J. Akruwala State of Gujarat Additional Collector (Retd.) Competent Authority Indian Oil Corporation Limited, Western Region Pipelines Projects 3/122, Gujarat Refinery Township, PO: Jawaharnagar, Vadodara. (Gujarat). Pin-391320

This notification is applicable from the date of issue.

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

PAWAN KUMAR, Under Secy.

श्रम एवं रोजगार मंत्राालय

नई दिल्ली, 7 नवम्बर, 2017

का.आ. 2635.—कर्मचारी राज्य बीमा अध्निियम, 1948 ;1948 का 34द्ध की धरा 1 की उप-धरा ;3द्ध द्वारा प्रदत्त शक्तियों का

प्रयोग करते हुए, केन्द्रीय सरकार एतद्‌द्वारा 1 नवम्बर, 2017 को उस तारीख के रूप में नियत करती है, जिसे उक्त अध्निियम के अध्याय

IV ;धरा 44 व 45 के सिवाय जो पहले ही प्रवृत्त की जा चुकी हैद्ध तथा अध्याय V और VI [धरा 76 की उप-धरा ;1द्ध और धरा 77,

78, 79 और 81 के सिवाय जो पहले ही प्रवृत्त की जा चुकी हैं] के उपबंध ओडिशा राज्य के निम्नलिखित क्षेत्राों में प्रवृत्त होंगे, अर्थात्‌ :—

[सं. एस-38013/12/2017-एस.एस.-I]

अजय मलिक, अवर सचिव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 7th November, 2017

S.O. 2635.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Employees' State Insurance Act, 1948 (34 of 1948) the Central Government hereby appoints the 1st November, 2017 as the date on which the provisions of Chapter-IV (except Sections 44 and 45 which have already been brought into force) and Chapter-V and VI [except sub-section (1) of Section 76 and Sections 77, 78, 79 and 81 which have already been brought into force] of the said Act shall come into force in the following Areas in the State of Odisha namely :—

3. Odisha Nayagarh All the areas comprising of the Notified area Council Limits of

Khandapara and Nayagarh

[No. S-38013/12/2017-S.S.-I]

AJAY MALIK, Under Secy.

नई दिल्ली, 8 नवम्बर, 2017

का.आ. 2636.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स सगारेनी कोलियरीज कंपनी लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में

केन्द्रीय सरकार औद्योगिक अधिकरण-सह-श्रम न्यायालय, गोदावरिखानी के पंचाट ;संदर्भ संख्या 13/2011द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 13.10.2017 को प्राप्त हुआ था।

[सं. एल-22013/01/2017-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 8th November, 2017

S.O. 2636.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 13/2011) of the Central Government Industrial Tribunal-cum- Labour Court, Godavarikhani as shown in Annexure, in the industrial dispute between the management of M/s. Singareni Collieries Company Ltd. and their workmen, received by the Central Government on 13.10.2017.

[No. L-22013/01/2017-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CHAIRMAN, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-CUM-VI ADDL.DIST. &

SESSIONS COURT, GODAVARIKHANI

Present : Sri Sambasiva Rao Naidu, Chairman-cum-Presiding Officer

FRIDAY, ON THIS THE 23rd DAY OF JUNE, 2017

INDUSTRIAL DISPUTE No. 13 OF 2011

Between :

Asampalli Lingaiah, S/o.Mallaiah, age 49 years, Occ : Ex.Badli filler, E.C.No. 0981337, R/o.Chillapalli village, Mandal Manthani, District Karimnagar (A.P.,)

…Petitioner

AND

1. The General Manager, Singareni Collieries Company Ltd.,

Ramagundam Area-I, P.O. Godavarikhani, District Karimnagar.

2. The Managing Director, SCC Ltd, Kothagudem,

Khammam District

…Respondents

This case coming before me for final hearing in the presence of Sri S.Bhagavanth Rao, Advocate for the petitioner and of Sri D.Krishna Murthy, Advocate for the Respondents; and having been heard and having stood over for consideration till this day, the Tribunal delivered the following:-

AWARD

1. This is a petition filed by the petitioners under section 2-A (2) of Industrial Dispute Act, 1947 which herein after will be referred as ID Act with a prayer to direct the respondents herein to reinstate the first petitioner into service with other attendant benefits including full back wages by setting aside the termination order dated 12-11-2000. In fact one A.Lingaiah who is no more now and who worked in Singareni Collieries Company Limited filed this petition with the above referred prayer but in view of his death pending disposal of the present ID his legal representatives came on record as petitioner Nos.2 to 5 by way of orders in I.A.No.39/2015. Though the petitioners No.2 to 5 came on record they did not made any consequential amendments to the petition. The following is the brief case of the petitioners as per the petition.

2. The 1st petitioner was appointed in Singareni Collieries Company Limited during 1983. He has discharged his duties to the utmost satisfaction of the superiors up to his removal from service on 12-11-2000. He worked in the company for more than 19 years. While he was working in the company his health was not good thereby he used to remain absent during 1999. Therefore, the respondents have issued a charge sheet bearing no.1/6-G/2000/783, dt.10- 03-2000. The 1st petitioner represented his inability and his health condition. An enquiry was conducted behind his back. The 1st petitioner was illiterate, he cannot read and write. The respondents have obtained his thumb impression on blank papers. He did not participate in the enquiry. The 1st petitioner further claimed that the year 1999 was a bad year in his life since he and his wife fell sick. The respondents having conducted an enquiry and terminated him from service from 12-01-2000. The 1st petitioner further averred in the petition that the respondents did not conduct fair enquiry, he was not given any opportunity to cross examine the witnesses produced by the management. The respondents have adopted unfair labour practice against him. He has further pleaded that he was called for an interview in pursuance of several representations and the petitioner attended before the High Power Committee at Kothagudem. But his case was not considered by the respondents, again he has addressed a demand letter dated 19-11-2006 and requested the respondent to provide employment. But there was no response to his letter. Therefore, he has filed the present ID under section 2A(2) of ID Act and sought for his reinstatement into service with continuity of service and other attendant benefits and back wages.

3. The respondents have appeared before this Tribunal, R-1 filed a counter which is adopted by R-2. The following is the brief case of respondents as per the counter.

4. The 1st respondent is a Government company incorporated under the provisions of Companies Act, 1956, since the Coal Mine Industry is a central subject the Appropriate Government for its management is the Central Government. According to section 7A(1) of Industrial Disputes Act the appropriate Government may by notification in the official gazette, constitute one or more Industrial Tribunals for the adjudication of Industrial Disputes whether specified in the 2nd schedule or 3rd schedule and performing such other functions as may be assigned to them under this act. The Central Government established an Industrial Tribunal-cum-Labour Court at Hyderabad for adjudication of Industrial Disputes. The 1st petitioner ought to have approached the said Tribunal for redressal. But, he conveniently avoided filing this petition before this Tribunal established by the Central Government. Therefore, the present petition before this Tribunal is not maintainable and liable to be dismissed.

5. The respondents while extracting Section 2A(2) of ID Act further claimed that the present dispute is barred by limitation. According to the respondents in the instant case the 1st petitioner was dismissed from service during 2000. The 1st petitioner kept quite for a period of more than 10 years and raised ID which is barred by limitation under section 2A(2) of ID Act.

6. A part from these two contentions these respondents have further pleaded that the 1st petitioner was appointed as Badli filler on 29-09-1983 and was dis-empanelled from service vide office order dated 31-10-1993 due to his poor performance. Later he was appointed as a fresh Badli Filler vide office order dated 27-04-1994. The 1st petitioner was never regular to his duties, his services governed by company standing orders. According to section 52 (2) of Mines Act, 1952 an underground employee is required to put in minimum musters of 190 and surface employees have to put in 240 musters in a calendar year. The 1st petitioner being an underground employee is expected to put in minimum of 190 musters in a calendar year. But the 1st petitioner being a chronic absentee has put NIL musters in 1999. Therefore, he will charge sheeted under section 25.25 of Company's standing orders. The respondent has furnished the attendance particulars of the 1st petitioner in their counter and stated that the 1st petitioner never put 190 musters in any calendar year from 1993 to 2000. The respondents have disputed and denied the averments of para no.4 to 6 of the petition filed by petitioners and further claimed that the 1st petitioner acknowledged the charge sheet dated 10-03-2000 but failed to submit any explanation. A notice was issued for enquiry on 12-06-2000 and 1st petitioner was directed to attend the enquiry on 12-06-2000. The 1st petitioner attended the enquiry proceedings. The enquiry officer conducted enquiry duly following the principles of natural justice. The 1st petitioner was explained the contents of the charge sheet and having satisfied with the procedure, the 1st petitioner put his thumb impression on the proceedings. Therefore, according to the respondents the enquiry was fairly conducted and a report was submitted finding the 1st petitioner guilty of misconduct. Therefore, the 1st petitioner was dis-empanelled from service even then he cannot improve his attendance. Therefore, R-1 was constrained to dismiss the 1st petitioner from service.

7. The respondents have further stated that in view of the memorandum of settlement dated 20-08-2004 between the management of respondent company and the recognized trade union, the High power committee (PA & W) examined the cases of dismissed employees from 01-01-2000 to 30-06-2004. As such, the case of 1st petitioner was also considered but was not recommended for re-appointment as not fulfilling the parameters fixed by the committee. The respondents have claimed that in spite of being dis-empanelled from service he failed to improve his attendance even after appointment afresh in the year, 1994. Thereby he was dismissed from service during 2003.

8. The respondents have further stated that there is a procedure in case of dismissal to approach the appropriate appellate authority. According to clause 29 the respondent company standing orders any aggrieved person can appeal to the appellate authority within 45 days of the receipt of dismissal order but the 1st petitioner failed to exhaust the available remedy. Therefore, on all these grounds the respondents sought for dismissal of the petition.

9. I have heard both parties. The petitioners have marked Ex.W-1 to W-3 and Ex.M-1 to M-9 are marked on behalf of the respondents.

Now the point for consideration is

1. Whether the order dated 12-11-2000 by which the 1st petitioner was terminated from service is

illegal, if so whether it is liable to be set aside.

2. Whether the petitioners are entitled to seek the attendant benefits and back wages of the 1st petitioner.

10. It is an admitted fact that the 1st petitioner by name A.Lingaiah was an employee of the respondents' company herein and he was appointed during 1983. The 1st petitioner claims that he was removed from service without any fault on his part. Whereas the respondents have claimed that the 1st petitioner was a chronic absentee. He could not put the required musters right from 1993 to 2000. Therefore, the company dis-empanelled him from service vide order dated 13-10-2013. He was given re-appointment in the year 1994. But he could not improve the performance he was never regular to his duties. The respondents have furnished the details of musters of the 1st petitioner herein. The 1st petitioner is no more, the legal representative of 1st petitioner namely his wife and children have contested the present I.D. They have marked (3) documents namely Ex.W-1 to W-3. Ex.W-1 is the charge sheet served on 1st petitioner. The order dated 09-11-2000 by which the 1st petitioner was removed from service w.e.f. 12-11-2000. According to this document it appears that a charge sheet was served on the 1st petitioner on 10-03-2000 for the misconduct of the 1st petitioner. The respondents have claimed that the said charge sheet was served on the 1st petitioner and he acknowledged the same on 15-03-2000. Ex.W-1 further shows that 1st petitioner did not give any explanation to the charge sheet. Thereby the domestic enquiry was conducted into the charges leveled against him. The enquiry officer found the 1st petitioner guilty thereby the respondents have terminated the 1st petitioner. Ex.W-2 is the letter from Colliery Manager, dated 11-04-2005 and according to this document it shows that the 1st petitioner presented review against the order vide Ex.W-1 and he was asked to attend a interview before the High power committee at 9.30 am on 21-04-2005. Ex.W-3 is supposed to be a representation of the 1st petitioner dated 19-07-2006. In this representation the 1st petitioner requested the respondent to provide re-appointment. These (3) documents proved that the 1st petitioner was irregular to his duties. On the other hand the respondents have filed (9) documents Ex.M-1 is an application filed by the 1st petitioner on 02-02-1994. According to this document it shows that 1st petitioner requested the General Manager, SCCL to provide employment in spite of his irregular service for the past (6) months. In this letter 1st petitioner informed the respondents that due to domestic problems he was not regular to the duties. Ex.M-2 is office order dated 25-04-1994 and this letter was addressed to 1st petitioner, he was informed that he was appointed as Badli filler on piece rate wages against absenteeism vacancies and this appointment does not confer any right on job in the company. He has to attend the 1 Incline, GDK on every day to find out work in place of permanent fillers who are temporarily absent. These (2) documents categorically shows that the 1st petitioner though appointed in 1983 was not in service in January, 1994. On his application he was again appointed as piece rate Badli filler and he was required to work in the place of temporarily absent fillers. Ex.M-3 is the copy of charge sheet served on the 1st petitioner on 10-03-2000. According to this charge sheet it was alleged that 1st petitioner was absent for duty from 01-01-1999 to 31-02-1999 without sanction of sick leave or prior permission of the superiors. Ex.M-4 is the acknowledgment given by 1st petitioner to the notice under Ex.M-3. Ex.M-5 is the proceedings of domestic enquiry and Ex.M-6 is the enquiry report submitted by the enquiry officer finding the 1st petitioner guilty of misconduct. A show cause notice under Ex.M-7 was served against 1st petitioner. Ex.M-8 is the acknowledgement by the 1st petitioner. Ex.M-9 is the order by which the 1st petitioner was terminated from service.

11. The petitioners have claimed that 1st petitioner was a illiterate. He was not provided with a fair opportunity. He does not know proceedings of domestic enquiry. The respondents have obtained his thumb impression on some documents and terminated him from service. The respondents have claimed that the 1st petitioner was a chronic absentee. In the charge sheet it is categorically stated that he was absent for duty for a period of one year. The petitioner could not produce any proof that he was regular to the duties. On the other hand his own letter under Ex.M-1 clearly shows that he was irregular to the duties for more than (6) months and on his request only he was again appoint as piece rate wage Badli filler. Therefore, the record placed before this Tribunal would show that 1st petitioner was irregular to the duties. The termination order was passed on 09-11-2000. The 1st petitioner having received the notice kept quite till 2006 even though he made a representation to the respondent vide Ex.W-3 in 2006 again he kept quite till 2011 and the present ID was filed on 28-03-2011. This ID was filed U/Sec.2-A(2) of I.D., Act which reads as follows:-

In view of the above any workman may make one application after the expiry of 45 days from the date he has made an application to the conciliation officer of the appropriate Government for conciliation and according to Sub-8862 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] Section (3) such application shall be made to the Labour Court or Tribunal before the expiry of 3 years from the date of discharge, dismissal etc., In this case the termination was on 9-1-2000, but I.D., was filed on 28-3-2011. Therefore, the petition is filed nearly 10 ½ years after the order. On this ground also the petition is not maintainable. The 1st petitioner who was not in a position to attend the duty regularly cannot seek his reinstatement, attendant benefits and back wages for the above said period. The petitioner's No.2 to 5 being his legal heirs are not entitled to the relief sought for in the petition. Therefore, the order vide Ex.M-9 need not be set aside. There are no irregularities in the order and the present ID is liable to be dismissed.

12. In the result, the petition is dismissed.

Dictated to Typist, transcribed by him, corrected and pronounced by me in open Court, on this the 23rd day of June, 2017.

SRI SAMBASIVA RAO NAIDU, Presiding Officer

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR WORKMAN:- FOR MANAGEMENT;-

-Nil-

-Nil-

E X H I B I T S

FOR WORKMAN :

Ex.W-1 Dt. 09-11-2000 Dismissal order Ex.W-2 Dt. 11-12-04-2005 Letter issued to petitioner by the respondent to attend High Power Committee at Head Office, Kothagudem on 21-4-2005 Ex.W-3 Dt. 19-07-2006 Demand letter FOR MANAGEMENT :

Ex.M-1 Dt. 02-02-1994 Mercy petition submitted before the respondent Ex.M-2 Dt. 25-04-1994 Appointment order Ex.M-3 Dt. 10-03-2000 Charge sheet Ex.M-4 Dt. 04-06-2000 Enquiry notice Ex.M-5 Dt. 12-06-2000 Domestic enquiry proceedings Ex.M-6 Dt. 14-06-2000 Enquiry report Ex.M-7 Dt. 11-10-2000 Show cause notice Ex.M-8 Dt. 18-10-2000 Ack., to show cause notice Ex.M-9 Dt. 09-11-2000 Office order dismissal letter नई दिल्ली, 8 नवम्बर, 2017

का.आ. 2637.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स बी.

बी.एम.बी. के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण-सह-श्रम न्यायालय नं. 2, चंडीगढ़ के पंचाट ;संदर्भ संख्या 749/2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 08.11. 2017 को प्राप्त हुआ था।

[सं. एल-23012/27/2001-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8863

New Delhi, the 8th November, 2017

S.O. 2637.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 749/2005) of the Central Government Industrial Tribunal-cum- Labour Court No. 2, Chandigarh as shown in Annexure, in the industrial dispute between the management of M/s. B.B.M.B. and their workmen, received by the Central Government on 08.11.2017.

[No. L-23012/27/2001-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

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

CHANDIGARH

Present: Sri Kewal Krishan, Presiding Officer.

Case I.D. No. 749/2005

Registered on 02.09.2005

Sh. Jaspal S/o Sh. Roshan Lal, R/o House No.82-G, Block Nangal Township, District Ropar …Petitioner Versus

The Chief Engineer, Bhakra Dam, BBMB, Nangal Township, District Ropar …Respondent APPEARANCES

For the workman       :      Sh. R. K. Parmar AR of workman
For the Management    :      Sh. Bhagat Singh, Law Officer

AWARD

Passed on : 21.09.2017

Vide Order No.L-23012/27/2001-IR(CM-II), dated 06.05.2002 the Central Government in exercise of the powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947 (in short Act) has referred the following industrial dispute for adjudication to this Tribunal.

"Whether the action of the Chief Engineer, Bhakra Dam, BBMB, Nangal Township, Ropar in terminating the services of Sh. Jaspal S/o Sh. Roshan Lal is legal and justified? If not, to what relief the workman is entitled to and from which date?"

In response to the notice, the workman appeared and submitted statement of claim, to which the respondent- management filed written statement.

The facts, emerging are, that the workman was appointed as Skilled Labour(Electrical) with the management vide letter No./PS/169/Genl dated 19.10.1989. He was placed under suspension vide order dated 29.07.1998 on account of misappropriation of funds and making fake and bogus entries in the record. A regular enquiry was initiated against him wherein the management led evidence.

After considering of the evidence, the Enquiry Officer came to the conclusion that the charges against the workman are proved.

On considering the Enquiry Report, the workman was dismissed from service vide order dated 15.05.2000.

The workman was charge-sheeted on the following counts:-

1. He (Sh. Jaspal) has misappropriated the govt. money amounting to Rs.61644-58.

2. He (Sh. Jaspal) has made fake entries in the office record i.e. consumer ledger.

3. He (Sh. Jaspal) has issued bogus/fictitious receipts to consumers.

4. He (Sh. Jaspal) has torn the pages of office record and all bogus receipts to destroy the evidence of misappropriated Govt. amount.

5. He (Sh. Jaspal) has failed to maintain absolute devotion to duty integrity and acted in a manner of unbecoming of Board's employees.

After examining the enquiry report and the evidence led before him, the enquiry was set aside by this Court vide order dated 07.08.2017.

The respondent-management was given opportunity to lead evidence to prove the charges in the Court. The management in support of the charges examined Sh. Inder Pal Singh, SDO, Nangal Township, BBMB, Nangal, who filed his affidavit, reiterating the stand taken by the respondent-management in the written statement.

I have heard Sh. R.K. Parmar, authorized representative of the workman and Sh. Bhagat Singh, Law Officer, for the respondent-management.

As stated above, the workman was charge-sheeted for misappropriating certain amount and making fake entries in the ledgers and issuing bogus receipts etc. Sh. Inder Pal Singh, SDO, examined by the respondent-management has again produced the documents which were produced before the Enquiry Officer. But his statement do not prove the documents alleged to be forged by the workman. He has stated in his cross-examination that the workman did not work under him and he cannot identify his handwriting. He had no personal knowledge about the embezzlement or the wrong entries.

Thus, his statement do not advance the case of the management in any way and do not prove the charges against the workman as stated above.

Sh. Bhagat Singh carried me through the copy of the judgment dated 19.09.2011(M 11) passed by the Civil Court and submitted that the suit filed by the respondent-management against the workman for recovery of the embezzled amount was decreed, and as such, charges stand proved. Suffice to say that the judgment is relevant only to show that a civil suit was filed for the recovery of certain amount which was decreed but in the present case, the enquiry report has already been set aside by passing a detailed order and therefore, it cannot be said from the passing of the judgment dated 19.09.2011 by the Civil Court that the charges against the workman are proved.

Since the charges against the workman are not proved on the file and the enquiry report submitted in the enquiry has already been set aside vide Order dated 07.08.2017 by this Court and therefore, the punishment order dated 15.05.2000 vide which he was removed from service is liable to be set aside.

The workman was dismissed from service on 15.05.2000. It is neither pleaded nor proved that the workman was gainfully employed from the date of order of dismissal till now or for some period. Therefore, it is to be held that he remained without work throughout the period and in the circumstances, he is entitled to full back wages.

In result, the reference is answered, holding that the termination of the services of the workman is illegal and unjustified and the respondent-management is directed to reinstate him in service within one month of publication of award with continuity of service and all other benefits. He be paid full back-wages from the date of his dismissal till reinstatement. The arrears be calculated within four months of the publication of the award and be paid, failing which the workman shall be entitled to claim interest on the calculated amount @ 6% per annum from the date of award till realization.

KEWAL KRISHAN, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2638.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 711/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11. 2017 को प्राप्त हुआ था।

[सं. एल-41012/25/2000-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2638.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 711/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 09.11.2017.

[No. L-41012/25/2000-IR (B-I)]

B. S. BISHT, Section Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8865

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 27th September, 2017

Reference: (CGITA) No. 711/2004

The Divisional Railway Manager, Western Railway, Pratapnagar, Baroda (Gujarat)

…First Party

V/s

The Divisional Secretary, Paschim Railway KarmachariParishad, Shastri Pole, Kothi, Baroda (Gujarat) – 390001 …Second Party

For the First Party :

For the Second Party : Shri J.K. Ved (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/25/ 2000-IR(B-I) dated 27.06.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union for interpolation of the seniority of Shri Farooq G. Shaikh as ELF Gr. III from the back date i.e. equal to Shri Vilas G. Gadkari and for other consequential benefits is legal, proper and justified? If so, to what relief Shri Farooq G. Shaikh is entitled to and from which date?"

1. The reference dates back to 27.06.2000. The second party workman submitted the statement of claim Ex. 3 on 23.11.2000 for fixing of his seniority as ELF Grade III since the date when co-workman Vilas G. Gadkari was given with consequential benefits on the ground that he joined the service on 16.02.1977 but he was not given seniority since the date when his junior co-workman Vilas G. Gadkari was granted.

2. The first party Divisional Railway Manager, Western Railway, Pratapnagar submitted the written statement Ex. 5 denying the averments made in the statement of claim submitting that the workman was engaged as Casual Khalasi on 16.02.1977 and temporary status was granted on 16.02.1977. It is true that trade test of the employee was taken whosoever has completed 3 years of regular service on 31.02.1977. He has not completed 3 years of service and another workman Kalubhai Dilip Bansal has completed 3 years of regular service. As this workman could not completed 3 years of regular service, therefore, he cannot be granted seniority from the date as claimed by him in the statement of claim.

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

a. Whether the demand of the union for interpolation of the seniority of Shri Farooq G. Shaikh as ELF Gr. III from the back date i.e. equal to Shri Vilas G. Gadkari and for other consequential benefits is legal, proper and justified?

b. If so, to what relief, if any, Shri Farooq G. Shaikh is entitled and from which date?

4. Issue No. (i): The burden to prove this issue was lying on the second party workman who was examined and reiterated the averments made in the statement of claim. He also filed photocopies of some of the documents to prove his case but he has failed to prove that at the time of trade test taken of the co-workman Vilas G. Gadkari, he completed 3 years of regular service.

5. During the course of argument, on behalf of the second party union, his representative Shri J.K. Ved, The Divisional Secretary, Paschim Railway Karmachari Parishad did not press the reference.

6. Thus the reference is dismissed as not pressed by the second party union.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2639.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार स्टेट बैंक ऑपफ सौराष्ट्र के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1192/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-12012/462/2001-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2639.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1192/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank of Saurashtra and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/462/2001-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 26th September, 2017

Reference: (CGITA) No. 1192/2004

The Manager, State Bank of Saurashtra, Main Branch, Morvi, Rajkot (Gujarat) – 363641 …First Party V/s

Shri Manhar Danabhai Sindhav, C/o Saurashtra Kutch Majoor Sangh, 317, Panchanath Commercial Centre, Harihar Chowk, Rajkot (Gujarat) – 360001 …Second Party For the First Party : Shri B.B. Gogia

For the Second Party : Shri G.R. Thaker

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/462/ 2001-IR(B-I) dated 30.04.2002 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of State Bank of Saurashtra, Rajkot to discontinue the services of Shri Manharbhai D. Sindhav is justified? If not, what relief the workman is entitled?"[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8867 1. The reference dates back to 30.04.2002. The second party submitted the statement of claim Ex. 4 alleging that the second party workman had been engaged as Peon on Rs. 60/- as daily wages since May, 1997. He has further alleged that he also worked for 29 days in September, 1992. He was never served any memo regarding any of his misconduct and he was thrown away on 22.10.1999 without serving any notice or notice pay despite retaining some casual workers junior to him. Thus the cessation of his service was violative of the provisions of Section 25 G & H of the I.D. Act read with Rule 81 of the I.D. Rules.

2. The first party submitted the written statement Ex. 16 on 07.12.2010 admitting the fact that the workman was engaged as Peon on daily wages since May, 1997 to October, 1999. No junior employee was engaged or retained after the termination of the second party workman. The branch manager of State Bank of Saurashtra was not having any power to recruit any employee subordinate to him. It is wrong to say that this workman ever completed 783 days as alleged in the statement of claim. All the submissions made in the statement of claim are false. No violation of Section 25 G and H of the I.D. Act, has been made.

3. Since the filing of the written statement on 07.12.2010, the workman has failed to lead evidence. Therefore, it appears that the second party is not willing to prosecute the case.

4. Thus the reference is disposed of in the absence of the evidence of the second party workman with the observation as under: "the action of the management of State Bank of Saurashtra, Rajkot to discontinue the services of Shri Manharbhai D. Sindhav is justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2640.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 61/2010द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/71/2008-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2640.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 61/2010) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 09.11.2017.

[No. L-41011/71/2008-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 11th October, 2017

Reference: (CGITA) No. 61/2010

1. The Divisional Railway Manager,

Western Railway, Pratapnagar, Baroda (Gujarat) – 390004

2. The Works Manager (Workshop),

Western Railway, Pratapnagar, Baroda (Gujarat) – 3900048868 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] 3. The Shop Supdt. (Electrical),

Western Railway, Pratapnagar, Baroda (Gujarat) – 390004 …First Party

V/s

The Hon. President, General Workmen's Union, Sinduri Mata Devasthan, S.T. Nagar Road, Godhra (Gujarat)

…Second Party

For the First Party : Shri H.B. Shah

For the Second Party : Shri J.K. Ved

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/71/2008-IR(B- I) dated 03.03.2009 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of union in appointment of Ms. Mayaben Sureshchandra Chilley, daughter of late Shri Sureshbhai Chilley Ex-temporary status Railway employee on compassionate ground is justified? If so, to what relief Ms. Mayaben Sureshchandra Chilley is entitled?"

1. The reference dates back to 03.03.2009. After service of notice to both the parties, the second party union submitted the statement of claim Ex. 6 on 11.08.2009 through its President Shri J.K. Ved. Since then the first parties The Divisional Railway Manager,Western Railway, Pratapnagar,Baroda, The Works Manager (Workshop),Western Railway, Pratapnagar, Baroda and The Shop Supdt. (Electrical),Western Railway, Pratapnagar,Baroda, despite service and filing the vakalatpatra Ex. 12 of his advocate on 24.03.2011, did not prefer to submit the written statement or reply. Therefore, on 04.08.2016, the reference was ordered to proceed ex-parte against all the aforesaid first parties.

2. The second party union in his statement of claim Ex. 6 has alleged that a workman namely Sureshbhai Chilley died on 17.12.1981 while serving the first party for number of years. The widow of the workman namely Maltiben moved an application for sanction of early pension and also for appointment of Mayaben Sureshchandra Chilley, daughter of the deceased employee Sureshbhai Chilley on compassionate ground under dying in harness rules. It has also been alleged that they moved the Labour Court, Vadodara for sanctioning of early pension and payment of post- cum-retirement benefits of Rs. 172484/- which was ordered by the Labour Court in the favour of the widow of the deceased employee on 06.12.1999. The first party went into appeal in the Gujarat High Court vide Special Civil Application No. 942 of 2000 but Gujarat High Court dismissed the appeal of the first party. Thereafter, the first party moved Later Patent Appeal No. 282 of 2008 against the aforesaid judgement of the Gujarat High Court in SCA No. 942 of 2000. Same was also dismissed by the Division Bench of High Court of Gujarat.

3. As the matter was proceeding ex-parte against the first parties, the second party union filed the affidavit Ex. 16 of Maltiben Sureshbhai Chilley, widow of the deceased employee on 06.08.2017 reiterating the averments made in the statement of claim, same is unrebutted as the first parties did not respond.

4. Thus I do find the merit in the reference in the light of the aforesaid affidavit. The reference is allowed and disposed of with the observation as under: "the demand of union in appointment of Ms. Mayaben Sureshchandra Chilley, daughter of late Shri Sureshbhai Chilley Ex-temporary status Railway employee on compassionate ground is justified."

5. The first parties are directed to appoint Mayaben Sureshchandra Chilley, daughter of the deceased employee Sureshbhai Chilley on compassionate ground under dying in harness rules on the post to which she is eligible as per the eligibility criterion of the first parties' recruitment rules within 60 days from the publication of the award.

6. The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2641.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार भारतीय

स्टेट बैंक के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8869 अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 103/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11. 2017 को प्राप्त हुआ था।

[सं. एल-12012/41/98-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2641.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 103/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/41/98-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 12th October, 2017

Reference: (CGITA) No. 103/2004

The Manager, State Bank of India, Main Branch, Bhadra, Ahmedabad (Gujarat)

…First Party

V/s

Shri Gurjeetsingh D. Multani, A-12, AnandBhoomiTenaments, Opp. Paras Nagar, IOC Road, Chandkheda, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri D.C Gandhi Associates

For the Second Party : Shri P.C. Chaudhary

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/41/98- IR(B-I) dated 28.08.1998 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of State Bank of India in terminating the service of Shri Gurjeetsing D. Multaniw.e.f. 13.05.1993 and not considering for regular employment is justified? If not what relief the concerned workman is entitled to?"

1. The reference dates back to 28.08.1998. The second party workman Gurjeetsing D. Multani submitted the statement of claim Ex. 3 on 09.10.1998 alleging that he was appointed as a Watchman on 01.04.1985 by the first party State Bank of India, hereby referred to as first party as per the rules and regulations of the bank after undergoing the process of interview and due procedure. He had been discharging his duties honestly and diligently. He worked for more than 240 days in the bank, though worked continuously the first party used to give him an artificial break during the continuous working with the first party. He was discharging the duties of taking care of/looking after the8870 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] assets/properties/closed units at Chhatral under hypothecation with the bank and which were seized by the first party. He used to work in the shifts in the category of Watchman/Peon but his services were terminated by an oral order in an illegal, improper, unjust manner and also against the principles of natural justice as he was not served any notice and was also not paid any retrenchment compensation. He has further alleged that the first party officials appointed their acquaintances who were also working on daily rated basis at the rate of Rs. 30/- per day and were junior to him out of favouritism. Thus the bank violated the principles of seniority reached in the bipartite settlement. He has further alleged that he was given artificial break in services to avoid his regularisation in the service. The first party did not follow the provisions of Section 25 F, G and H of the Industrial Disputes Act and also violated the bipartite settlement, custom and rules of the bank. He has further alleged that a wait list was prepared by the first party after inviting applications and taking interviews of all the daily rated and casual workers wherein he was very much in the list but he was not given appointment despite the fact that other wait listed candidates of Hamals and Watchmen including junior to him, were given appointment. Thus he has prayed that the questioned termination order dated 13.05.1993 be declared illegal, improper, unjust and against the bipartite settlement and he be reinstated with full back wages with legal expenses of Rs. 1000/-.

2. The first party submitted his written statement Ex. 5 on 08.10.1999 denying most of the averments made in the statement of claim Ex. 3 except those specifically admitted in the written statement. The second party workman was engaged on 01.05.1985 as a temporary hamal and worked only for 94 days prior to the interview of him taken by the bank. He never worked for more than 240 days. He was paid the wages for the days he worked. It is admitted that the second party workman was engaged as and when his services were required as a temporary messenger/godown watchman at the factory premises of the first party's borrowers. He never worked as a watchman/peon. The truth is that the second party workman was engaged as a temporary godown watchman to safeguard the securities of the bank with the borrowers unit having become sick or defaulter of the loans taken by the borrowers. The appointment of the workman was not continuous and it was for a selected period as and when need arises. The allegation of the termination of the workman w.e.f. 13.05.1993 is misconceived basis and denied. It was wrong to say that his termination order was illegal, improper, unlawful and also against the principles of natural justice. It is further submitted that the first party bank took a policy decision to the fact that all the vacancies identified as on 31.12.1994 ought to be filled up by 31.03.1997 out of the existing panel of temporary and casual employees of the first party as per the settlement reached between the management and the employees, thereafter, the panel will stands left. Therefore, the termination order of the watchman/workman was neither arbitrary not discriminatory as alleged by the workman as his services were terminated after the panel became left. It is denied that his services were terminated without any notice and violating the provisions of the Section 25 F, G and H of the I.D. Act.

3. It is further submitted that the workman was engaged on a temporary full time basis from 04.08.1992 to 31.03.1998 and he worked for 179 days. It is wrong to say that the junior employees have been given appointment. The panel/waiting list prepared after reaching a settlement between the first party and the employees, had to be in effect up to 31.12.1992 which was extended from time to time till 31.03.1997 and the list was based on the maximum number of working days of temporary employees in the descending order. This second party workman was at Sr. No. 16 in the waiting list, accordingly he was called on 16.02.1996 for discussion/personal interview by Assistant General Manager (Office Administration Department), LHO but he did not recall for interview with in reasonable time, therefore, his candidature was cancelled duly communicated to the workman by registered post. As the workman was on a contracted period, therefore, his services were terminated after a contracted period. Thus the demand and prayer of the workman is unjust, illegal, and improper and also against the recruitment rules of the bank and same are liable to be rejected.

4. The first party submitted the documents vide list Ex. 14 which are admitted by the second party workman. The second party submitted the documents vide list Ex. 15 which are also admitted by the first party.

5. On the basis of the pleadings of the parties, the following issues are arise:

a. Whether the action of the management of State Bank of India in terminating the service of Shri Gurjeetsing D. Multaniw.e.f. 13.05.1993 and not considering for regular employment is justified?

b. If not to what relief, if any, the concerned workman is entitled to?

6. Issue No. (i): The burden to prove this issue was on the second party workmanGurjeetsing D. Multani who was examined vide document Ex. 16wherein he has reiterated the averments made in the statement of claim Ex. 3 and in his cross-examination, he has stated that he has submitted the documents Annexure 17/6 which is admitted by the first party rather first party has also filed the same documents vide Ex. 25/3 including list of 198 wait listed candidates (prepared in terms of State Bank of India Circular No. PER:IR:18:88 dated 25.04.1988) wherein this workman Gurjeetsing D. Multani has been shown at Sr. No. 16. This aforesaid documents filed by the first party is admitted by the second party workman.

7. The first party witness PinakinChandrashekhar Pandya who was examined vide Paper No. 26 has admitted that the aforesaid list was prepared by the first party bank and employees from Sr. No. 1 to 35 were absorbed till the execution of this list on 31.02.1997, thereafter, the list was lapsed and deem cancelled. He has also stated in his examination that this workman was informed through call letters to resume duties as being at the Sr. No. 16 of the aforesaid list but the first party bank has not submitted any proof regarding issuance of call letter to this workman to resume duties. Though the advocate of the first party has admitted the documents Ex. 20 to 29 filed by the second party and the document Ex. 20 relates to issue call letter to the workman to appear for interview on 09.08.1989 at 03:00 PM and the papers no. Ex. 21 to 28 relate to the memorandum issued by the first party bank to the second party workman regarding his working days from 31.08.1992 to 12.05.1993 and paper no. Ex. 29 relates to the certificate issued by the first party bank regarding 192 working days during 1992-93. Thus from the evidence and admittance of the first party witness, it is fully established that this workman was engaged by the bank for the period alleged by the workman.

8. Now the main question arises as to whether the workman was informed to resume duties being at Sr. No. 16 of the waiting list prepared by the first party bank by way of oral or written letter. The aforesaid first party witness in his examination has stated that this workman was informed to resume duty but the first party has not submitted any document which may establish that he was issued appointment letter and same was served on him.

9. The advocate of the first party referred Delhi Cloth and General Mills Company Ltd. V/s their workmen 1967 (1) LLJ 423 SC wherein the Supreme Court has held that the Industrial Tribunal cannot widen the scope of the inquiry beyond the terms of reference. This judgement has no applicability in this case because the tribunal has transgressed the scope of the reference because the question of issuance of joining letter is within the scope of the reference because the workman was interviewed as per the advertisement of the bank and shortlisting as a wait listed candidate and appointing wait listed candidates at Sr. No. 1 to 35 excluding the workman at Sr. No. 16 instead of appointing him, he was removed even as short term period employee.

10. The first party also referred Nandkumar V/s State of Bihar 2014 (5) SC (C)300 wherein the apex court has held that the appellant daily wagers were never appointed through a proper procedure and hence, are not appointees in the strict sense of the term "appointment". They do not hold a post. The scheme of alternative appointment framed for regular employees of abolished organisation cannot, therefore, confer a similar entitlement on the daily wagers of abolished organisation to such alternative employment. Appointment on daily wage basis is not an appointment to a post according to the rules. Usually, the projects in which the daily wagers were engaged, having come to an end, their appointment is necessarily terminated for want of work. Therefore, the status and rights of daily wagers of a government concern are not equivalent to that of a government servant and his claim to permanency has to be adjudged differently. Their claim to regularisation/absorption is not a matter of course. Besides, the consequences of temporary appointment were within their knowledge. Thus, they cannot even have a right to invoke the theory of legitimate expectation for being confirmed in the post. This judgement is also not applicable as discussed above.

11. He has further referred S.S. Balu V/s State of Kerala 2009 (122) FLR 54 wherein the apex court has that a person does not acquire legal right to be appointed only because his name appears in the select list and it is a well settled law that delay defeats equity. It is again not applicable because the first party bank has admitted that this workman was as per the procedure of recruitment was short listed at wait list 16 and workman from Sr. No. 1 to 35 were given appointment but the first party bank has failed to establish that this workman was issued call letter and asked to join.

12. He has further referred State of Karnataka V/s Ravi Kumar 2009 Law Suite SC 1960 wherein the apex court has held that if the services of a workman were discontinued without any written order and if he did not protest or challenge the alleged termination then he cannot be granted any relief. It is noteworthy that the workman raised the dispute immediately after lapse of the aforesaid short list/waiting list on 31.02.1997 immediately as the reference sent by the Government of India, Ministry of Labour dates 28.08.1998. Thus this argument is not tenable.

13. He further referred M. Venugopal V/s Life Insurance Corporation of India 1994 (1) CLR 544 wherein the apex court has held that the confirmation of a development officerappointed on probation depends upon his satisfactory probation and compliance of conditions set out in a letter of his appointment in case of unsatisfactory service, the provisions of Section 25 F would not be attracted and his termination will not be covered by Clause (b)(b) of Section 2 of the I.D. Act and as such the termination would not be amount to retrenchment. This judgement is not applicable as the facts are not similar.

14. He further referred G.E.V. Substituted as Gujarat State Electricity Corporation V/s Harish Kumar N. Bosamia2005 Gujarat Law (55) Gujarat Law Reporter 2277 wherein the Gujarat High Court has held that discontinuation of a workman on the expiry of contract period will not be said to be retrenchment even if he continue in8872 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] service by successive orders of fixed period and such discontinuation of workman will stand covered under Section 2 (oo)(bb) of the I.D. Act. This judgement is also not applicable as the facts are not similar.

15. He has also referred Prabhakar V/s Joint Director, Sericulture Department 2015 Volume III CLR 937 wherein the apex court has held that it is a well settled principle of jurisprudence that a right not exercise for a long time becomes non-existence. Doctrine of latches is in fact an application of maxim of equity "delay defeats equity". This maxim is not applicable in this case because the first party has admitted the documents of the second party workman admitted by Paper No. Ex. 21 to 29 that the workman worked till November 1993 and the first party witness as well as the first party in his written statement has admitted that this workman was short listed at Sr. No. 16 in the list prepared for appointment and he was also asked to join but the evidence has not been adduced in this regard and the whole record reveals that denial of employment after the lapse of the list, workman raised the dispute before the Labour Enforcement.

16. Thus in the light of the aforesaid discussions, evidence of both the parties and judgement referred, I come to the conclusion that this workman was eligible to be appointed as a regular employee after the preparation of the aforesaid wait list Ex. 14/1 and the first party has failed to prove that the workman himself refused to join in the absence of the documentary evidence to be produced by of the first party. This this issue is decided in negative against the first party and in the favour of the second party.

17. Issue No. (ii): In the light of the findings given in the Issue No. (i), the second party workman is very much entitled to be appointed being at Sr. No. 16 of the list. The only question arises as to whether the workman is entitled for back wages or not. No evidence has been given by the workman as to whether he remained unemployed or not and the first party has not cross-examined on this point. The burden was lying on the workman; therefore, it would be just that he may not be paid back wages on the principle of 'no work no pay'.

18. The first party has referred Prabhakar Trimbam Vidwans V/s Stobec Industry Ltd. 2010 (3) Gujarat Law Reporter 2310 wherein the Gujarat High Court has held that lump-sum compensation in due of back wages and retirement benefits where workman retired from the job for more than 5 year from date of termination till the date of superannuation is not automatic. The workman is required to prove by tradable evidences that he did make sincere efforts to get employment during interim period.

19. Thus in the light of the aforesaid discussions, this issue no. (ii) is decided that the second party workman will be appointed as per the wait list Ex. 14/1 or Ex. 18/3 within 60 days from the publication of the award but he will not be entitled for any back wages.

20. The award is passed accordingly.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2642.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 54/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-41012/35/97-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2642.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 54/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 09.11.2017.

[No. L-41012/35/97-IR (B-I)]

B. S. BISHT, Section Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8873

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 12th October, 2017

Reference: (CGITA) No. 54/2004

The Divisional Railway Manager, Western Railway, Divisional Office, Kothi Compound, Rajkot (Gujarat)

…First Party

V/s

The Divisional Secretary, Paschim Railway Karmachari Parishad, 209/E, Sarvottam Nagar, Near Railway Colony, Sabarmati, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri H.B. Shah

For the Second Party : Shri B.K. Sharma

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/35/97- IR(B-I) dated 08.10.1997 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the Divisional Railway Manager, Rajkot in terminating the services of the workman Shri Keshaji S. Sr. Cleaner with effect from 18.02.1993 is legal and justified? If not, to what relief the concerned workman is entitled to?"

1. The reference dates back to 08.10.1997. The second party submitted the statement of claim Ex. 3 on 27.01.1998 while pending the matter before the Industrial Tribunal Central, Ahmedabad. The first party Divisional Railway Manager, Western Railway, Rajkot submitted the written statement Ex. 4 there on 10.08.1998. Later on, vide Government of India order dated 19.10.2010; the record was received in this tribunal on 17.01.2011. Shri Janak R. Pandya advocate submitted the vakalatpatra Ex. 19 on behalf of the first party. After receiving the record, fresh notice was issued to both the parties on 04.03.2011 to appear on 18.04.2011 but none appeared on behalf of the first party Divisional Railway Manager, Western Railway, Rajkot. Shri B.K. Sharma, on behalf of the second party, informed the tribunal that the workman has expired but none came forward on behalf of the workman to get substituted legal heirs of the deceased workman and today on 12.10.2017, Shri B.K. Sharma on behalf of the second party union requested to withdraw the reference.

2. Thus the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2643.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 46/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/14/95-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी8874 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 9th November, 2017

S.O. 2643.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 46/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 09.11.2017.

[No. L-41011/14/95-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 29th September, 2017

Reference: (CGITA) No. 46/2004

1. The Chief Engineer,

Western Railway, 1st Floor, Station Building, Ahmedabad (Gujarat)

2. The Divisional Railway Manager,

Western Railway, Kothi Compound, Rajkot (Gujarat)

…First Party

V/s

The Divisional Secretary, Paschim Railway KarmachariParishad, 209/E, Sorvottam Nagar, Near New Railway Colony, Sabarmati, Ahmedabad (Gujarat) – 382472 …Second Party

For the First Party : Shri H.R. Raval

For the Second Party : Shri R.S. Sisodia (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/14/95- IR(B-I) dated 21.02.1997 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union regarding temporary status revision from a retrospective date if due and the payment of dues/arrears, if any, in consequent upon such revision of temporary status from the retrospective date in respect of 38 workmen working under various units of Western Railway is justified and proper? If so, to what relief, these 38 workmen are entitled for and from which date and what directions are necessary in the matter?"

1. The reference dates back to 21.02.1997. Both the parties submitted their statement of claim Ex. 3 and written statement Ex. 5 respectively.

2. The case was listed for hearing on preliminary objections but today on 29.09.2017, Shri R.S. Sisodia, on behalf of the second party union Paschim Railway Karmachari Parishad stated in writing that he does not want to proceed the case.

3. Thus the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2644.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार स्टेट बैंक ऑपफ सौराष्ट्र के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 1475/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-12012/166/2004-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2644.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 1475/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank of Saurashtra and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/166/2004-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 11th October, 2017

Reference: (CGITA) No. 1475/2004

1. The General Manager,

State Bank of Saurashtra, Head Office, Neelumbaug, Bhavnagar (Gujarat) – 364001

2. The Branch Manager,

State Bank of Saurashtra, Main Bazar, Opp. Darbargadh, Palitana, Bhavnagar (Gujarat) …First Party

V/s

Shri Dharmesh S. Rathod, Mamani Sipar, Opp. Derasar, Palitana, Bhavnagar (Gujarat)

…Second Party

For the First Party : Shri B.M. Joshi

For the Second Party : Shri N. U. Bhatt

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/166/ 2004-IR(B-I) dated 16.11.2004 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of Shri Dharmesh S. Rathod for reinstatement with full back wages and continuity of service w.e.f. 18.11.2001 by the management of General Manager, State Bank of Saurashtra, Bhavnagar and another on the grounds of his termination without following provisions of Section 25 F of the I.D. Act, 1947 is justified and legal? If so, to what relief the workman is entitled to?"

1. The reference dates back to 16.11.2004. After service of the notice, both the parties submitted the vakalatpatra of their advocates for number of times and the second party submitted the statement of claim Ex. 7 on 03.12.2008. The first party also submitted the written statement Ex. 15 on 19.04.2013. Since then the second party has failed to lead evidence. It is also noteworthy that after submitting the statement of claim by the second party, the second party did not appear despite sending him the copy of the written statement by registered post on 22.10.2016.

2. Thus it appears that the second party workman is not willing to prosecute the case.

3. Therefore, the reference is disposed of in the absence of the evidence of the second party workman with the observation as under: "the demand of Shri Dharmesh S. Rathod for reinstatement with full back wages and continuity of service w.e.f. 18.11.2001 by the management of General Manager, State Bank of Saurashtra, Bhavnagar and another on the grounds of his termination without following provisions of Section 25 F of the I.D. Act, 1947 is unjustified and illegal."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2645.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार

आईडीबीआई स्टेट बैंक लि. के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय

सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 17/2015द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-12011/19/2015-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2645.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 17/2015) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of IDBI Bank Ltd. and their workmen, received by the Central Government on 09.11.2017.

[No. L-12011/19/2015-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 11th October, 2017

Reference: (CGITA) No. 17/2015

The Chief General Manager, IDBI Bank Ltd., C.G. Road, Ahmedabad (Gujarat) – 380009 …First Party

V/s

The Vice President, IDBI Bank Ltd. Contract Workers' Union, C/o IDBI Workers Union, IDBI Bank, Road Branch Ahmedabad (Gujarat) – 380019 …Second Party

For the First Party : Shri Priyank P. Zaveri

For the Second Party : Shri K.R. Mishra

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12011/19/ 2015-IR(B-I) dated 13.03.2015 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of IDBI Bank Ltd., Regional Office, Ahmedabad, Gujarat in not regularizing the services of 167 contract labourers working in IDBI Bank different units in Gujarat for last 18 years and above is legal and justified? If not, what relief these 167 contract labourers are entitled to?"

1. The reference dates back to 13.03.2015. After serving of notice to the parties, the second party union IDBI Bank Ltd. Contract Workers' Union,C/o IDBI Workers Union submitted the statement of claim Ex. 4 along with the list of documents and application of interim relief Ex. 5 on 25.09.2015. The first party submitted the written statement Ex. 14 along with the reply Ex. 17 to the interim application Ex. 5 on 04.11.2015.

2. It is noteworthy that on 04.11.2015, after hearing of both the parties on the interim application Ex. 5 and the reply of the workmen' union, the application Ex. 5 was rejected as not maintainable. However, the first party IDBI Bank was directed that in case of removal of employment contract, new contractor may be persuaded to engage the services of the present workman under a contract with the bank, if any. Thereafter, the case was fixed for evidence of the second party to be given on 08.12.2016. Instead of giving evidence, the workmen' union again moved an application Ex. 19 for interim relief to direct the bank to engage the workmen till the final disposal of the reference, same was rejected on 08.12.2016.

3. Thereafter, the second party union was directed to lead evidence on 12.01.2017 but failed to lead evidence on 12.01.2017, 09.03.2017, 27.04.2017 and 10.08.2017. Today on 11.10.2017, like as on aforesaid dates, the second party union or their workmen are absent to lead evidence.

4. Thus it appears that the second party union or its workmen are not willing to prosecute the case.

5. Therefore, the reference is disposed of in the absence of the evidence of the second party union or its workmen with the observation as under: "the action of IDBI Bank Ltd., Regional Office, Ahmedabad, Gujarat in not regularizing the services of 167 contract labourers working in IDBI Bank different units in Gujarat for last 18 years and above is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2646.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार भारतीय

स्टेट बैंक के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 431/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-12012/307/2001-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2646.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 431/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/307/2001-IR (B-I)]

B. S. BISHT, Section Officer8878 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 10th October, 2017

Reference: (CGITA) No. 431/2004

1. The Branch Manager,

State Bank of India, Gandhinagar (Gujarat)

2. The Regional Manager, State Bank of India, Zonal Office, Gandhinagar (Gujarat) …First Party

V/s

Shri Jaswant V. Makwana, 45-B, TheMayur Co-operative Housing Society, Railway Station (E), Kalol(Gujarat) – 382721

…Second Party

For the First Party      :     Shri B.M. Joshi
For the Second Party      :    Shri Gordhan Prajapati

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L- 12012/307/2001-IR(B-I) dated 21.11.2001 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of State Bank of India Regional Office, Gandhinagar in discontinuing the service of Shri Jaswant V. Makwana, Wait listed workman at Sl. No. 223 w.e.f. 18.03.1995 and not giving permanent absorption in the bank is legal and justified? If not then to what relief the concerned workman is entitled and from which date?"

1. The reference dates back to 21.11.2001. The second party submitted the statement of claim Ex. 9 on 29.09.2002 before the Industrial Tribunal Central, Gujarat along with the authorisation certificate Ex. 7 in favour of Nalim U. Bhatt, Ganesh R. Vyas and Govind R. Parikh by the second party union. The first party submitted the written statement Ex. 17 on 12.09.2003. The second party also submitted the number of documents vide list Ex. 19 on 13.09.2004. Since then the second party failed to lead evidence before the Industrial Tribunal Central, Gujarat.

2. The matter was transferred to this tribunal vide Government of India dated 01.11.2010. In response to the transfer order to this tribunal, both the parties appeared but did not prefer to lead evidence despite giving dozens of opportunities.

3. Thus it appears that the second party workman is not willing to prosecute the case.

4. Therefore, the reference in the absence of the evidence of the second party workman, is disposed of with the observation as under: "the action of the management of State Bank of India Regional Office, Gandhinagar in discontinuing the service of Shri Jaswant V. Makwana, Wait listed workman at Sl. No. 223 w.e.f. 18.03.1995 and not giving permanent absorption in the bank is legal and justified."

P. K. CHATURVEDI, Presiding Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8879

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2647.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 122/2010द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/20/2009-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2647.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 122/2010) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 09.11.2017.

[No. L-41011/20/2009-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 29th September, 2017

Reference: (CGITA) No. 122/2010

1. The Divisional Railway Manager,

Western Railway, Kothi Compound, Rajkot (Gujarat)

2. The Asst. Divisional Engineer,

Western Railway, Surendranagar (Gujarat) …First Party

V/s

The General Secretary, Paschim Railway Karmachari Parishad, 28/B, Narayan Park, Chandkheda, Ahmedabad (Gujarat) – 382472 …Second Party

For the First Party : Shri H.B. Shah

For the Second Party : Shri R.S. Sisodia (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/20/ 2009-IR(B-I) dated 17.07.2009 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of Paschim Railway Karmachari Parishad, Ahmedabad for giving employment to Shri Usman Ahmed from 2005 with back wages by the Divisional Railway Manager, Western Railway,8880 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] Rajkot/Asstt. Divisional Engineer, Western Railway, Surendernagar, is valid and justified? If yes, what relief he is entitled to?"

1. The reference dates back to 17.07.2009. The second party submitted the statement of claim Ex. 4 alleging that the union earlier raised an Industrial Dispute to regularise the casual labourers working in the department and the appropriated government has referred the aforesaid dispute before the Industrial Tribunal at Ahmedabad. The reference was adjudicated and the Industrial Tribunal has rejected the reference seeking regularisation of the casual labourers only on the ground that the workmen involved in the present reference have already been regularised and they are working as regular employee in the department and therefore, question does not arise to pass an order directing the first party employer to regularize the services of the workmen. Accordingly, the reference was rejected by the Industrial Tribunal.

2. It is further alleged by the second party that the second party workmen have challenged the aforesaid order and judgement passed by the Industrial Tribunal rejecting the reference of regularisation before the High Court of Gujarat by filling SCA No. 5567/04. The Hon'ble High Court of Gujarat by way of interim order dated 02.02.2005 directed the first party employer to reinstate the second party workmen on their original post in compliance of the order passed by the Hon'ble High Court of Gujarat by interim order dated 02.02.2005. The workmen involved in the original petition were reinstated at their original post but the workmen namely Shri Usman Ahmed has not been reinstated though the other 9 workmen involved in the petition have been reinstated and Shri Usman Ahmed has not been reinstated on his original post as per the direction given by the Hon'ble High Court of Gujarat. The second party workman has repeatedly visited in the office of first party employer in Engineering Department of Rajkot Division for resuming his duty as per the direction of the High Court of Gujarat but the Divisional Manager (E), Rajkot has not permitted him to resume his duties and under one or other pretext he did not permit him to resume his duty. Thereafter, all of a sudden the first party employer has passed an order dated 25.06.2002 removing the workman from service.

3. It is further alleged by the second party that though the second party workman has persistently approached to the first party employer to resume his duty at Rajkot Division as per the direction of the High Court of Gujarat but he was never permitted to resume his duty. It is respectively submitted that before passing any order removing from service the first party employer has not given him any so-cause notice about unauthorised absence. No inquiry was conducted. No opportunity of hearing was given to the workman and in absence of legal mandatory provisions laid down under the I.D. Act, 1947, the services of the second party workman was illegally and arbitrarily terminated by the first party employer. Therefore, the workman is entitled for reinstatement with continuity of service with full back wages.

4. It is further alleged by the second party that the second party workman has put in more than 25 years continuous and uninterrupted service during the tenure of his service. No show-cause notice or memo about his performance was ever given to him. Thus, the second party workman is having unblemished service record. The second party workman has completed more than 240 days in each calendar year. It is pertinent to state here that even before terminating the services of the second party workman, the workman has completed 240 days in last 12 preceding months and thus at the time of terminating his services, the first party employer has not complied with the mandatory provisions of Section 25 F of the I.D. Act, 1947. Junior workmen are working in the employment. Therefore, the second party workman is entitled for reinstatement on his original post with continuity of service.

5. It is further alleged by the second party that at present the second party workman is not gainfully employed, nor getting any wages or remuneration from any source of income and thus the second party workman is totally employed and not in a position to secure any alternative employment. The second party workman is residing in joint family, his parents and elder brothers are help the workmen for his maintenance and therefore, the second party workman is entitled for full back wages from the date of his termination till date.

6. It is further alleged by the second party that the first party employer without giving any opportunity of hearing terminated the services of the second party workman. At the time of termination, no notice or notice pay or the retrenchment compensation has been paid to the second party workman and therefore, the workman is entitled for reinstatement with continuity of service and full back wages.

7. It is further alleged by the second party that the second party workman has put in more than 25 years of service. Looking to the period of service, the workman is entitled for regularisation though the Industrial Tribunal has in earlier proceeding wherein the second party workman has raised dispute to regularise the casual labours, the tribunal has rejected the said reference on the ground of misconception as if the regularisation has already been granted to the workman. In fact the benefit of regularisation has never been granted to the second party workman. Therefore, the workman has preferred SCA No. 5567/04 wherein the Hon'ble High Court of Gujarat by way of interim order, directed the first party Railway to reinstate all the workmen on their original post. It is respectively submitted that this is the second round of litigation where the workmen have been denied of their right of reinstatement. It is further alleged that the Industrial Dispute has rejected the dispute about regularisation of casual labourer. The tribunal has never passed[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8881 order to terminate the services of the workmen despite the first party employer has adopted the hostile attitude and terminated the services of all the workmen, but due to the intervention of the High Court of Gujarat and as per the order dated 02.02.2005, all other nine workmen have been reinstated on their original post but the second party workman has not been reinstated without any reason. Therefore, the workman is entitled for reinstatement on original post with continuity of service.

8. It is also alleged by the second party that the second party workman has strong objection under Section 36 of the I.D. Act, 1947 against the appearance of an advocate in the present case. Therefore, the Hon'ble Tribunal may not permit any advocate to appear in the present proceeding. In view of the above facts and circumstances of the case, it is prayed that the Hon'ble Tribunal may be kind enough to reinstate the second party workman Shri Usman Ahmed from 2005 with full back wages and continuity of service on his original post.

9. The first party despite service and filing of vakalatpatra of his advocate, did not prefer to submit the written statement, therefore, on 21.10.2016, the reference was ordered to proceed ex-parte against the first party.

10. After giving 4 opportunities on 20.01.2017, 10.03.2017, 27.04.2017, 11.08.2017 and 29.09.2017, the second party failed to lead evidence.

11. It is noteworthy that the statement of claim itself reveals that the second party workmen have challenged the aforesaid order and judgement passed by the Industrial Tribunal rejecting the reference of regularisation before the High Court of Gujarat by filling SCA No. 5567/04. The Hon'ble High Court of Gujarat by way of interim order dated 02.02.2005 directed the first party employer to reinstate the second party workmen on their original post in compliance of the order passed by the Hon'ble High Court of Gujarat by interim order dated 02.02.2005. The workmen involved in the original petition were reinstated at their original post but the workmen namely Shri Usman Ahmed has not been reinstated though the other 9 workmen involved in the petition have been reinstated and Shri Usman Ahmed has not been reinstated on his original post as per the direction given by the Hon'ble High Court of Gujarat. The second party workman has repeatedly visited in the office of first party employer in Engineering Department of Rajkot Division for resuming his duty as per the direction of the High Court of Gujarat but the Divisional Manager (E), Rajkot has not permitted him to resume his duties and under one or other pretext he did not permit him to resume his duty. Thereafter, all of a sudden the first party employer has passed an order dated 25.06.2002 removing the workman from service. The second party workman has persistently approached to the first party employer to resume his duty at Rajkot Division as per the direction of the High Court of Gujarat but he was never permitted to resume his duty.Thus the aforesaid averments made in the statement of claim discloses that the matter is still pending in the High Court and if the workman was not permitted to resume the duty, it was obvious for him to approach the High Court in the aforesaid SCA No. 5567/04 for moving contempt against the errant authorities. As it has not been done and the present reference is the misuse of the judicial process.

12. Thus the reference is not maintainable and the reference is finally disposed of as not maintainable.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2648.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार भारतीय

स्टेट बैंक के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 409/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11. 2017 को प्राप्त हुआ था।

[सं. एल-12012/32/2001-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2648.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 409/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/32/2001-IR (B-I)]

B. S. BISHT, Section Officer8882 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 10th October, 2017

Reference: (CGITA) No. 409/2004

1. The Regional Manager, State Bank of India, Gandhinagar Region, Gandhinagar (Gujarat)

2. The Branch Manager,

State Bank of India, Unjha Branch, Unjha, Mehsana (Gujarat)

…First Party

V/s

Smt. Induben M. Joshi, Brahmin Chawk, Opp. Mill Ghanti, Bhatni Khadki, Unjha, Mehsana (Gujarat)

…Second Party

For the First Party : Shri B.M. Joshi

For the Second Party : Shri H.I. Patel

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/32/ 2001-IR(B-I) dated 03.09.2001 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of State Bank of India Regional Office, Gandhinagar in terminating Smt. Induben M. Joshi from the service of the Bank w.e.f. 01.02.2000 without observing the provision of Section 25 F, G and H of the Industrial Dispute Act, 1947 is justified? If not, what relief the concerned employee is entitled?"

1. The reference dates back to 03.09.2001. The second party submitted the statement of claim Ex. 5 along with the vakalatpatra Ex. 4 on 11.01.2002.

2. The first party submitted the written statement Ex. 11 along with the vakalatpatra on 22.07.2003. The matter was transferred to this tribunal vide Government of India dated 01.11.2010. In response to the transfer of reference to this tribunal, both the parties appeared on 11.01.2012 to their learned advocates. But since then the second party did not lead his evidence. Thus it appears that the second party workman is not willing to prosecute the case.

3. Therefore, the reference in the absence of the evidence of the second party workman, is disposed of with the observation as under: "the action of the management of State Bank of India Regional Office, Gandhinagar in terminating Smt. Induben M. Joshi from the service of the Bank w.e.f. 01.02.2000 without observing the provision of Section 25 F, G and H of the Industrial Dispute Act, 1947 is justified."

P. K. CHATURVEDI, Presiding Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8883

नई दिल्ली, 9 नवम्बर, 2017

का.आ. 2649.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार बॉम्बे

मर्केंटाइल को-ऑपरेटिव बैंक लिमिटेड के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद

में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 118/2005द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 09.11.2017 को प्राप्त हुआ था।

[सं. एल-12012/193/2005-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 9th November, 2017

S.O. 2649.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 118/2005) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Bombay Mercantile Co-Operative Bank Ltd. and their workmen, received by the Central Government on 09.11.2017.

[No. L-12012/193/2005-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 27th September, 2017

Reference: (CGITA) No. 118/2005

The Assistant General Manager, Bombay Mercantile Co-operative Bank Ltd., Khanpur, Ahmedabad (Gujarat)

First Party

V/s

Shri Salim Asgerali Sulemani, 7, Sterling Centre, Near Cama Hotel, Khanpur, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri N.M. Shah

For the Second Party : Shri A.N. Patel

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/193/ 2005-IR(B-I) dated 28.11.2005 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of Bombay Mercantile Co-operative Bank Ltd., by awarding the punishment of dismissal to Shri Salim Asgerali Sulemani from the post of Clerk from its Relief Road Branch, Ahmedabad with effect from 19.04.2004 is legal and justified? If not, what relief the workman is entitled to and to what extent?"

1. The reference dates back to 28.11.2005. The second party submitted the statement of claim Ex. 5 on 25.06.2007 along with the number of documents.

2. The first party submitted the vakalatpatra Ex. 4 of his advocate Nilesh M. Shah on 25.01.2007 and written statement Ex. 10 on 26.06.2009 along with number of documents vide list Ex. 11.

3. Since then the second party has been absent and failed to lead his evidence despite giving dozens of opportunities. On 25.01.2017, 15.03.2017, 08.05.2017 and 30.08.2017, in the absence of the second party, aforesaid last opportunities were given to the second party but to no result.

4. Thus it appears that the second party workman is not willing to prosecute the case.

5. Therefore, the reference is disposed of in the absence of the evidence of the second party workman with the observation as under: "the action of the management of Bombay Mercantile Co-operative Bank Ltd., by awarding the punishment of dismissal to Shri Salim Asgerali Sulemani from the post of Clerk from its Relief Road Branch, Ahmedabad with effect from 19.04.2004 is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2650.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 77/2014द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/58/2014-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2650.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 77/2014) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41011/58/2014-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 13th October, 2017

Reference: (CGITA) No. 77/2014

The Divisional Railway Manager, Western Railway, Pratapnagar, Baroda (Gujarat) – 390004 …First Party

V/s

The President, Paschim Railway KarmachariParishad, D/29, Anandnagar Near Science College, Godhra (Gujarat) – 389001 …Second Party

For the First Party : None

For the Second Party : None[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8885

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/58/ 2014-IR(B-I) dated 13.08.2014 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union to grant the suitable compassionate allowance to Shri BudhaVala, Ex- Khalasi, who was removed from service on 01.09.1999, is legal, proper and just? If so, to what relief the concerned workman is entitled to?"

1. The reference dates back to 13.08.2014. Despite service of notice on both the parties, the second party has been absent and did not prefer to submit the statement of claim despite giving on 23.06.2016, 18.11.2016, 10.02.2017, 21.04.2017, 11.08.2017 and today on 13.10.2017.

2. Therefore, it appears that the second party has not been willing to prosecute the case.

3. Thus the reference is disposed of in the absence of the second party with the observation as under: "the demand of the union to grant the suitable compassionate allowance to Shri BudhaVala, Ex-Khalasi, who was removed from service on 01.09.1999, is illegal, improper and unjust."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2651.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 720/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11. 2017 को प्राप्त हुआ था।

[सं. एल-41012/52/2000-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2651.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 720/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41012/52/2000-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 12th October, 2017

Reference: (CGITA) No. 720/2004

The Divisional Railway Manager, Western Railway, Pratapnagar, Baroda (Gujarat)

…First Party8886 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

V/s

The Divisional General Secretary, Paschim Railway KarmachariParishad, Shastri Pole Kothi, Baroda (Gujarat)

…Second Party

For the First Party : None

For the Second Party : Shri B.K. Sharma

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/52/ 2000-IR(B-I) dated 08.09.2000 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union for appointment of Shri Premsingh Balwant S/o Late Shri Balwant Ranchod on compassionate grounds is legal, proper and justified? If so, to what relief Shri Premsingh Balwant is entitled?"

1. The reference dates back to 08.09.2000. The second party submitted the statement of claim Ex. 3 on 14.12.2001 and the first party submitted the written statement Ex. 7 on 25.08.2004 while the matter pending in the Industrial Tribunal, Vadodara. After receiving the record, none responded for the first party. Therefore, a fresh notice Ex. 8 was sent to both the parties to appear on 27.03.2016 but the first party did not prefer to appear for contesting the reference. Today on 12.10.2017, Shri B.K. Sharma on behalf of the second party union requested to withdraw the reference.

2. Thus the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2652.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 160/2012द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11. 2017 को प्राप्त हुआ था।

[सं. एल-41012/41/2012-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2652.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 160/2012) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41012/41/2012-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 13th October, 2017

Reference: (CGITA) No. 160/2012

The Divisional Railway Manager, Western Railway, Bhavnagar (Gujarat)

…First Party

V/s

Shri C.P. Singh, T.I. Dhessa, 23, Dharti Bunglow, Tradog Road, Chandkheda, Ahmedabad (Gujarat)

…Second Party

For the First Party : None

For the Second Party : None

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/41/ 2012-IR(B-I) dated 18.10.2012 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule.

SCHEDULE

"Whether the action of the management of the management of Divisonal Railway Manager, Western Railway, Bhavnagar in reverting Shri C.P. Singh, TI from the pay scale Rs. 2375-3500/- to the pay scale of Rs. 2000-3200/- is legal and justified? To what relief the workman is entitled?"

1. The reference dates back to 18.10.2012. Both the parties were served vide notice Ex.2 dated 01.01.2013 to appear on 21.05.2013. The second party submitted the statement of claim Ex. 5 on 21.05.2013 along with number of documents. The first party Divisional Railway Manager, Bhavnagar refrained to submit the written statement despite service, therefore, on 19.02.2016, a last opportunity was given to the first party to submit the written statement on 24.04.2016, no written statement was filed. Therefore, on 24.04.2016 the reference was ordered to proceed ex-parte against the first party and the second party was asked to lead evidence on 18.11.2016 but the second party workman has been absent on 18.11.2016, 10.02.2017, 21.04.2017, 11.08.2017 and also today on 13.10.2017 to lead his evidence. Further, the alleged second party workman appears to be traffic Inspector in the Western Railway in the non-revised pay scale of Rs. 2375-3500/- which is a supervisory post and the workmen appears to have been drawing more than Rs. 10000/-as wages. Thus he cannot be said to be a workman within the definition of the I.D. Act.

2. Therefore, it appears that the second party has not been willing to prosecute the case.

3. Thus the reference is disposed of in the absence of the evidence of the second party with the observation as under: "the action of the management of Divisional Railway Manager, Western Railway, Bhavnagar in reverting Shri C.P.Singh, TI from the pay scale Rs. 2375-3500/- to the pay scale of Rs. 2000-3200/- is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2653.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 73/2011द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/50/2010-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2653.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 73/2011) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41011/50/2010-IR (B-I)]

B. S. BISHT, Section Officer8888 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 06th October, 2017

Reference: (CGITA) No. 73/2011

1. The General Manager,

Western Railway, Churchgate, Mumbai

2. The Divisional Railway Manager,

Western Railway, Pratapnagar, Baroda (Gujarat) – 390004

3. The Divisional Personnel Officer,

Western Railway, Pratapnagar, Baroda

…First Party

V/s

The President, General Workmen's Union, Sinduri Mata Devastha, ST Nagar Road, Post Godhra, Godhra (Gujarat) – 389001 …Second Party

For the First Party      :   Shri Rajesh Singh
For the Second Party     :   Shri J.K. Ved (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/50/ 2010-IR(B-I) dated 30.09.2011 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union General Workman's Union for reinstatement of Shri Revashanker Baria and to make him permanent with constitutional benefits from the date of restatement of Grade IV from outside in 2003, is legal and justified? To what relief the union/workman is entitled?"

1. The reference dates back to 30.09.2011. Both the parties submitted the statement of claim Ex. 7 and written statement Ex. 10 respectively. On behalf of the second party, Shri J.K. Ved, The President, General Workmen's Union requested the tribunal to withdraw the case.

2. Therefore, the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2654.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम

रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक

अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 166/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11. 2017 को प्राप्त हुआ था।

[सं. एल-41011/5/98-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8889

New Delhi, the 10th November, 2017

S.O. 2654.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 166/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41011/5/98-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 12th October, 2017

Reference: (CGITA) No. 166/2004

1. The Divisional Railway Manager,

Western Railway, Divisional Office, Kothi Compound, Rajkot (Gujarat)

2. The Asstt. Engineer,

Western Railway, Kota – 2, Mehsana (Gujarat)

…First Party

V/s

The Divisional Secretary, Paschim Railway Karmachari Parishad, 209/E, Sarvottam Nagar, Near Railway Colony, Sabarmati, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri H.B. Shah

For the Second Party : Shri B.K. Sharma

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/5/98- IR(B-I) dated 23.02.1999 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the Paschim Railway Karmachari Parishad that the Project Casual Gangmate be absorbed in open line as Gangmate against 25% quota reserved for them in open line is legal and justified? If yes to what relief the concerned employees who have not been given this benefit are entitled?"

1. The reference dates back to 23.02.1999. On behalf of the second party union, Shri B.K. Sharma submitted the statement of claim Ex. 3 while pending the matter before the Industrial Tribunal Central, Ahmedabad. The first party Divisional Railway Manager, Western Railway, Rajkot submitted the written statement Ex. 6 there on 02.07.2001. Later on Government of India order dated 19.10.2010; the record was received in this tribunal on 17.01.2011. Shri Janak R. Pandya advocate submitted the vakalatpatra Ex. 11 on behalf of the first party. Firstly Janak R. Pandya,8890 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] later on Shri H.B. Shah submitted their vakalatpatra Ex. 11 and 12 respectively on behalf of the first party. Despite giving dozens of opportunities, the second party did not lead evidence and today on 12.10.2017, Shri B.K. Sharma on behalf of the second party union requested to withdraw the reference.

2. Thus the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2655.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 24/2011द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11.2017 को प्राप्त हुआ था।

[सं. एल-41011/85/2010-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2655.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 24/2011) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41011/85/2010-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

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

Reference: (CGITA) No. 24/2011

1. The Chief Works Manager,

Western Railway, B.G. Station Building, Kalupur, Ahmedabad (Gujarat)

2. The Deputy Chief Engineer (C) BOT,

Western Railway, Kalupur, Ahmedabad (Gujarat) …First Party

V/s

The President, Paschim Railway Karmachari Parishad, 28-B, Narayan Park, B/h Chandkheda Railway Station, Sabarmati, Ahmedabad (Gujarat) – 380001 …Second Party

For the First Party : Shri N.J. Acharya

For the Second Party : Shri R.S. Sisodia[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8891

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/85/ 2010-IR(B-I) dated 30.03.2011 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the Paschim Railway Karmachari Parishad, Ahmedabad for granting promotion to Shri Hiralal M., Driver, Grade – III to the post of Driver Grade – II at par with his juniors, is legal and justified? To what relief the workman is entitled?"

1. The reference dates back to 30.03.2011. The second party submitted the statement of claim Ex. 3 on 28.07.2011 along with number of documents vide list Ex. 5. The first party did not submit the written statement however submitted some documents vide list Ex. 6.

2. Shri R.S. Sisodia, The President,Paschim Railway Karmachari Parishad, today on 01.09.2017, did not press the reference as an authorised representative.

3. Thus the reference is finally disposed of as not pressed.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2656.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 756/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11. 2017 को प्राप्त हुआ था।

[सं. एल-41012/115/2001-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2656.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 756/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41012/115/2001-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 06th October, 2017

Reference: (CGITA) No. 756/2004

The Divisional Railway Manager, Western Railway, Pratapnagar, Baroda (Gujarat) – 390004 …First Party

V/s

The Divisional Secretary, Paschim Railway Karmachari Parishad, Shastri Pole, Kothi, Baroda (Gujarat) – 390001 …Second Party

For the First Party :

For the Second Party : Shri J.K. Ved (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/115/ 2001-IR(B-I) dated 17.01.2002 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the demand of the union for fixation of Shri Faruq Shaikh as ELF Gr. II w.e.f. 01.03.1993 being restructuring post and to pay the arrears according to the existing rule, is justified? If so, what relief the concerned workman is entitled?"

1. The reference dates back to 17.01.2002. Both the parties submitted the statement of claim Ex. 3 and written statement Ex. 6 respectively. On behalf of the second party, Shri J.K. Ved, The President, General Workmen's Union requested to withdraw the case.

2. Therefore, the reference is finally disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 10 नवम्बर, 2017

का.आ. 2657.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पश्चिम रेलवे के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 247/2004द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 10.11. 2017 को प्राप्त हुआ था।

[सं. एल-41012/103/99-आईआर ;बी-Iद्ध]

बी. एस. बिष्ट, अनुभाग अध्किारी

New Delhi, the 10th November, 2017

S.O. 2657.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 247/2004) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and their workmen, received by the Central Government on 10.11.2017.

[No. L-41012/103/99-IR (B-I)]

B. S. BISHT, Section Officer

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 06th October, 2017

Reference: (CGITA) No. 247/2004

1. The Sr. Divisional Mechanical Engineer,

Western Railway, Diesel Shed, Near Railway Colony, Sabarmati, Ahmedabad (Gujarat)

2. The Assistant Mechanical Engineer, Western Railway, Diesel Shed, Near Railway Colony, Sabarmati, Ahmedabad (Gujarat) …First Party

V/s

The President, Paschim Railway Karmachari Parishad, E/209, Sarvottam Nagar, Nr. New Railway Colony, Sabarmati, Ahmedabad (Gujarat) – 380005 …Second Party

For the First Party : Shri M.M. Makhija

For the Second Party : Shri B.K. Sharma (Union Representative)

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/103/99- IR(B-I) dated 23.09.1999 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the railway administration in removing/dismissing from service Shri Visha Kalyan, Ex. Khallasi Helper, Diesel Shed, Sabarmati w.e.f. 07.06.1997 on the alleged charges of misconduct vide charge sheet no. E/308/1/831203 dated 05.08.1996 is legal and justified? If not, to what relief the concern workman is entitled to?"

1. The reference dates back to 23.09.1999. Both the parties submitted their statement of claim and written statement respectively along with documents. The second party workman was also examined on Ex. 11 but today on 06.10.2017, Shri B.K. Sharma, The President, Paschim Railway Karmachari Parishad, requested to withdraw the case.

2. Therefore, the reference is disposed of as withdrawn.

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2658.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स पूफड

कारपोरेशन ऑपफ इंडिया एवं उनके कर्मचारी के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक

विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय नं. 1, ध्नबाद के पंचाट शिकायत संख्या 9/2015 जो कि ;संदर्भ संख्या 138/1997द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 08.11.2017 को प्राप्त हुआ था।

[सं. एल-22012/170/1996-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 15th November, 2017

S.O. 2658.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Complaint 9 of 2015 Arising out of Award (I.D. No. 138/1997) of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad as shown in Annexure, in the industrial dispute between the employers in relation to the Food Corporation of India and their workmen, which were received by the Central Government on 08.11.2017.

[No. L-22012/170/1996-IR (CM-II)]

RAJENDER SINGH, Section Officer8894 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.1), DHANBAD

IN THE MATTER OF A COMPLAINT U/S 33(A) OF I.D ACT, 1947

COMPLAINT NO. 9 of 2015

(Arising out of Ref.No. 138/97)

Ministry order no. 22012/170/96-IR(C-II)

1. Raymond Dung -Dung, EX- AG III (D), S/O Late Benedict Dung Dung Village-Gadadharpatty P.O-Bag Dogra, District- Darjeeling; West Bengal-734014.

2. T.K Majumdar, EX-AG III (D), Dhanbad …Complainant

Vrs

General Manager (Region) Food Corporation of India 6,Royd Street, Kolkata, West Bengal …Opposite party

Present : Sri Ranjan Kumar Saran, Presiding Officer

Appearances :

For complainants       :      Shri Vijayendra Kumar, Authorised representative
For opposite party     :      Shri  Uttam Naskar, Manager (Vig), FCI,RO,West Bengal.

State Bihar

Industry :- Food

Dated. 25/09/17

AWARD

1. The instant complaint is filed by the complainant against an order of penalty of removal from service dated 29.04.2010 after holding departmental inquiry by the Opp. Party Both the complainants were removed from the date of service of the punishment order beside denial of pay of suspension period.

2. Complainant was posted at FCI , DO Gaya since December 2002 till removal from their service i.e. 29.04.2010. Removal from service is an alteration in service condition during pendency of reference no. 138/97 as such it was mandatory on the part of the Opp. Party to take permission /approval of the Tribunal but they have neither taken permission nor taken approval as required under 33(1) and 33 (2) of the ID Act 1947,therefore, their removal is illegal in the eye of law and they are entitled to be reinstated in service with all the consequential benefits from the date of punishment.

3. Present dispute is pending in respect of entire workmen of Bihar Region and the same is regarding OTA and both the complainants are also entitled to get OTA as such they are concerned and connected with the pending dispute and the alteration in service condition taken place on 29.4.10 when the dispute was pending. The complaint is filed during 2015 is not relevant. The date of alteration in service condition is relevant and dispute should be pending on the date of alteration in service condition, and for alteration in service condition there is express provision to file a complaint under Sec 33 (A) of the ID Act and accordingly this complaint is filed in this Tribunal.

4. The complainants were posted during 2002 at FCI Depot Jorthang in Gangtok District. But thereafter they were posted at Gaya in Bihar Region during December 2002 under suspension. During 2005 a charge sheet was issued against them regarding shortages of food grain in the Jorthang depot of FCI and domestic inquiry was conducted and both the complainant were removed from the service of the corporation vide order dated 29.4.10 by the OP along with others. When they were posted at FCI, DO Gaya in Bihar their service was under the control of General Manager Region, Patna. After their removal they have filed an appeal but the said appeal was rejected and thereafter a review petition was also filed by the complainant no.1 which was also rejected on 26.9.2014 and being aggrieved and dissatisfied with the order they have decided to file a complaint under Sec 33 A for violation of the Sec. 33 of the ID Act 1947.

5. After notice the Opp. Party appeared and filed their Written Statement. Since the fairness and proprietary of inquiry was challenged as such the same was heard on preliminary point and after adducing evidence by both the parties the inquiry was held unfair and improper and the Opp.Party was directed to prove the charges on merit before this Tribunal.

6. Opp.Party has filed document, which has marked as Ext.M-1 to M-8 and the complainant has also filed documents which has been marked Ext. W-1 to W- 12. One witness on merit examined by the Opp.Party whereas one witness on behalf of the workman examined on merit and evidence of one witness Reymond Dung Dung which was adduced during hearing on PP was also allowed to be adopted on merit with the consent of the parties.

7. The case of the workman is they apprehended corruption intimated the District Manager FCI Gangtok regarding their apprehension about shortage in stock in FCI on 23.02.2002 under proper receipt but no action was taken by the management as District Manager was also in link with the depot in charge. Being an AG III (D) which is beginning level clerk the complainant was not allowed to go through the depot record and important depot record was kept in the residence of the depot in charge.

8. That complainant T.K Mazumdar joined at Jorthang depot on 08.02.2002 as AG III (D) and after assessing the stock with other complainant Dung Dung they have apprehended that the stock was not as per the stock account submitted by the in-charge and a complaint was lodged on 23.2.2002 to the District Manager FCI Gangtok but seeing no action on the part of District Manager he proceeded on leave and in the meantime he tried for his transfer and accordingly he was transferred to Jharkhand Region but was not relieved by the depot in charge due to the above complaint.

9. Ultimately the investigation started and shortages was detected during the month of October 2002 by a committee headed by Sukhchand Deputy Manager (Vig) and other and they in their report dated 1.11.2002 recommended action only against Swapan Kr. Kaur, Depot in charge. In their report Ext.W-12 they have stated about the confessional statement given by Sri Swapan Kumar Kar but during the month of December 2002 all the employee posted in Jorthang depot including the complainant were placed under suspension. The Headquarter of the complainant during suspension was fixed under Bihar Region. The said suspension was revoked during 2004 and they were posted at DO, FCI Gaya in Bihar Region.

10. Later on a charge sheet was issued on 26.11.2005 against all including the complainant and inquiry was initiated. During the inquiry it was informed by the complainant to IO that Swapan Kumar Kar has given confessional statement and the investigation was conducted on the basis of a complaint of the complainant as such they should be exonerated from the charges. The complainant has also mentioned the fact regarding their complaint and confessional statement of Sri Swapan Kumar Kar in their defence brief but it was not considered by the IO and both the complainant were held partially guilty on the basis on detraction of Sri Kar from his confessional statement during inquiry. His confessional statement was given during 2002 before the investigating team and detraction was made in 2010 which was after thought but the IO after believing his detraction held the complainant guilty of the charges and thereafter on the basis of IO report all including complainant were removed from the service of the corporation w.e.f. 29.04.2010 and hence this complaints.

11. The case of the Opp. Party is that both the complainant were posted at FSD Jorthang under District Gangtok as AG III (D) and shortage was found there during Oct' 2002 as such they all are equally responsible for the shortages. However the fact regarding posting of Sri Majumdar for a very limited period was admitted by the Opp. Party. The Opp.Party has also admitted that the complaint made by the complainant just after joining at Jorthang.

12. It is further case of the management that this complaint petition is filed during the year 2015 and by that time award of reference no 138/97 was passed by the Tribunal as such the present complaint is not maintainable. The Opp. Party has further said in their WS that during 2002 both the complainants were posted at West Bengal as such this complaint petition is not maintainable.

13. It is further case of the Opp.Party that the complainant is not connected to the pending dispute and payment of OTA is not concerned to the removal from service of the workman. Further case of the Opp. Party is that punishment of removal was passed by disciplinary authority after giving full opportunity to the complainant during domestic inquiry as such it is out of purview of the complaint petition. The complaint is directly filed before this Tribunal without raising any dispute before the ALC/RLC concerned as such prayed for dismissal of the complaint.

14. In response to the aforesaid objection it was submitted by the complainant that they were removed from service w.e.f 29.04.2010 while they were posted under DO Gaya in Bihar Region and the alteration in service condition took place on 29.04.2010 while ref. no 138/97 was pending. Date of filing of complaint during pendency of dispute is not at all required. Date of alteration in service condition should be within the pendency of the dispute is only yard stick for filing complaint under Sec. 33 A of the ID Act. The original dispute is pending regarding OTA and the complainant is also entitle to get OTA as such both the complainant are concerned with pending dispute and even if the punishment is not connected with the pending dispute then in that case also provision of Sec 33 (2) b, is attracted and approval of the action taken was mandatory on the part of the Opp. Party but admittedly they have not obtained permission/approval as such the punishment is illegal on this ground alone.

15. If the punishment /alteration of service condition is connected to the pending dispute then permission is required under 33 (1) before passing the order of punishment but if the punishment is not connected to the pending dispute then approval was mandatory on the part of the OP as provided in Sec 33 (2) of the ID Act and for both type of violation of Sec 33 there is a express remedy to file a complaint under Sec 33 A of the ID Act 1947 and the complainant has validly filed the complaint before this Tribunal. Since there is express provision as such to get the dispute referred by Govt. of India is not required. The complaint petition has to be adjudicated as a reference as if it is made by the Govt. of India as such the present complaint is legally maintainable.

16. The OP has filed 8 documents in support in their case where as 12 items of document has been filed by the complainant and document of both the parties has been marked exhibits on their consent. Ext. M-1 filed by the Opp.Party is the memorandum dated 26.11.2005, Ext-W-2 is the reply of above memorandum filed by the complainant, Ext-M-3 & M-4 are copy of inquiry report, Ext 5 & M-5/1 are copy of order of punishment order date 29.04.2010, Ext. M-6& M-6/1 are the order of appellate authority rejecting the appeal Ext. M-7 is the order of review petition dated 26.9.14 and ext M-8 is the relevant part of job description. Exhibit W-1 is the letter dated 23.02.2002 written and singed by T K Majumdar complainant regarding shortage of food grain in depot. Ext W-2 is a letter dated 21.10.2002 written and signed by Depot incharge regarding his confession. Ext-W-, 3 is copy of chapter 15 of the storage manual regarding responsibility & duty of employee. Ext W-4 is office order dated 07.02.2002 regarding joining of T. K. Mazumdar in DO, FCI Gangtok, Ext W-5 is joining report of T K Mazumdar. Ext W-6 is an office order 24.4.02 regarding sanction of leave, Ext W-7 is relieving order from Kooch Behar to Gangtok, Ext W-8 is the transfer order dated 1.3.2002 of Sri T K Mazumdar from Gangtok to Bihar region, Ext W-9 & W-10 is the summon of CBI directing to attend CBI office as witness, Ext W-11 is written statement of Depot in charge Sri Kar given to the investing committee during PV of stock and Ext W-12 is the committee report dated 1.12.02 recommending action against depot in charge only.

17. The OP has examined one witness on merit. However two witnesses were also examined by the OP during preliminary hearing regarding fairness of the inquiry. But after hearing the inquiry was held unfair and im-proper and Op was directed to prove the charges afresh against the complainant before this Tribunal and accordingly one witness was examined by the OP on merit and he is MW-3. He has stated in his written deposition about the fact related to inquiry and said that during inquiry charges were proved and enquiry was fair and proper. During cross examination he has said that depot in charge told that he committed all mischief but subsequently he backed out. He has further said that concrete proof of shortage was not there. Custodian was Mr Kar. He has further said that he was not there at the time of occurrence.

18. The complainant has examined two witness on the point of fairness of enquiry and thereafter inquiry was held unfair then on merit one witness was also examined and evidence of Sri Dung Dung given during PP is allowed to be adopted as evidence on merit also with the consent of the parties. T K Mazumdar the complainant examined himself as a witness on merit. He has said that he joined at FCI, DO Gangtok on 07.02.2002 thereafter he was transferred to Jorthang Depot of FCI and he joined there. He has further said that just after his joining it was apprehended by him that the stock was not available as per books of account. His co-workmen Dung Dung has also said so but he was not sure about the actual shortage as stock account was not being shown to him by the depot in charge and the same was kept in the residence of the depot in charge Mr Kar. He has further stated that after peripheral assessment he was confirmed that stock is not available as per book balance then he intimated the matter over phone to DM Gangtok and proceeded on leave and during leave on 23.12.2002 he again reported in writing to DM Gangtok. But no action was taken by DM Gangtok and due to this he tried his posting to Bihar and he was accordingly transferred on 01.03.2002 but he was not relieved. He has further said that later on during month of Oct,02 Physical verification was conducted and shortages was detected and then depot in charge Swapan Kar who was the custodian of stock has given a confessional statement dated 01.10.2002 owing entire responsibility of shortages and requested the management to recover the cost of food grains from his salary in instalment. The depot in charge has further confessed that no employee other than him is responsible for this shortages. This confessional statement is filed by the complainant vide Ext W-2. He has further said that during 2005 a charge sheet was issued and during inquiry and also along with their defence brief they filed all the documents before the authority but all the employee posted their during 2002 were removed from the service w.e.f 29.04.2010. This witness has further said that he and Dung Dung both were AG III (D) and as such they cannot be held responsible for shortages. He has further said that a CBI case for this shortage was initiated against Sri Kar Depot in charge and these complainent were witness in the case. He has further said that all the important records of the depot are kept in the residence of depot incharge . Lastly he has said that as per storage manual in chapter 15; Sl. 15.5(iv) the depot in charge alone is responsible for shortage of the stock being custodian and key holder. The relevant portion of storage manual chapter 15 serial 15.5 ( iv) is quoted as under :-

" If any mal-practice/delay in accounting is found, the person to be immediately punished will be AG I (D) in

so far as that godown under his direct charge is concerned"

Other WW Sri Dung Dung has also said above fact in his evidence adduced during preliminary enquiry and there is no cross examination on the above point and the said evidence is allowed to be adopted as his statement adduced on merit.

19. It is necessary to discuss about the documents filed by the parties. The complainant has filed a complaint on 23.02.2002, Ext W-1 and requested the District manager to investigate the irregularities about acute shortage of food grain. The said letter was received on same day under proper receipt which is evident from exhibit itself. Even after receipt of this complaint no action was taken by the District Manager and being aggrieved by the said attitude of District Manager Gangtok T K Mazumdar the complainant proceeded on long leave and got his transfer order from Gangtok to Jharkhand region on 01.03.2002 vide exhibit W-8 but he was not relieved from Gangtok due to his complaint as District Manager Gangtok and Depot incharge Jorthang were link with each other and was against the complainant for his action as an whistle blower. During the month of Oct'02 physical verification was conducted and shortage was detected and then a confessional statement dated 21.10.2002 was given to the investigating team by the depot in charge which is addressed to the District manager and the head of the investigating team, operating portion of the confessional statement exhibit W-2 is as under:-

"While owing the responsibility for PV shortage in respect of rice stored at Jorthang on 17.10.2012. I

undertake to coup/reimburse the full cost of shortages of rice to FCI in instalment because no other

official of FCI is responsible for the shortage."

20 . The PV team submitted the detailed report vide ext. W-12 wherein they have mentioned in page para 4 that the depot in charge Sri Swapan Kumar Kar AG I (D) is posted at Jorthang since more than 10 years and holding the charge of depots since last six year and lastly they have recommended action against depot incharge Sri Kar only. The operative portion is reproduced as under:-

"The team is of the opinion that the responsibility for the shortages of 1365 BT bags, 102 MBT bags

containing Rice grade 'A' on the average weight of delivered quantity and for the shortage of empty

gunny bags and for the shortage of 55 b/s = 55.63 Qtls. Sugar lies upon Shri Swapan Kumar Kar AG I

(D) who is the physically charge holder of the stock and stores and failed to explain the reasons for

such huge shortage of rice stocks. Shri Swapan Kr Kar is and should also be made liable for the

shortage of 55 B/s of sugar."

In their report they have calculated a loss of Rs. 13,55,019.00 only but in the charge sheet the amount is shown 81.49,932.00. The inquiry was conducted against 6 person and in the charge sheet Rs.13,55,019.00 is multiplied X 6 and thereafter charges of Rs.8149932.00 was levelled against them which is incorrect and unjustified.

21. It is relevant to point out that as per memorandum Ext M-1, 12 listed documents were filed by the OP during domestic inquiry and 11 witness are cited on behalf of the OP but it is very surprising that Opp. Party has neither examined any witness who were examined during domestic inquiry on their behalf nor filed any listed document to prove the charge on merit and adduced evidence on merit of such a person who is not aware about fact relating to merit of the case and thus the Opp.Party has miserably failed to substantiate the charges against the complainant whereas the complainant has from documents and evidence has successfully disapproved all the charges and established their innocence in the case.

22. From the documents and evidence of the parties it is clearly established that complainants Tapan Kumar Mazumdar has intimated over phone to District manager about the shortage at FSD Jorthang and thereafter also intimated in writing but no action was taken by the District manager. It is also proved that co-worker Dung Dung has helped him in intimating the shortage to the District manager. From the report of the committee it is also proved that Depot in charge Kar was posted at Jorthang Depot since last 10 years and he was the custodian of the stock being the key holder and he has given a confessional statement before the PV team on 22.10.2002 and as per storage manual the custodian shall be held responsible for any shortages/ excesses or any malpractices. The detraction of the depot incharge from his confessional statement after seven or eight years cannot relieve him from his responsibility as the same is after thought. The disciplinary authority during his cross examination at the time of PP, has stated that he removed all charge-sheeted staff of that depot and it is a fact that T. K. Mazumdar pointed out about shortage within very short time from his joining but District Manager could not intimated it to higher authority. He has further said that after three days Sri Mazumdar went on leave for a period of 69 days to save himself. Had all these documents before me Mazumdar would not have seen these days. Mazumdar prayed for his transfer and it was allowed but he was not allowed to be relieved. Another workman is AG III (D) i.e. beginning level clerical staff.

23. In view of the discussion made hereinabove it is held that the order of punishment of removal from service dated 29.04.10 is illegal and unjustified and the same is hereby set aside. Further the OP is directed to reinstate Sri Dung Dung with full pay and all benefits from the date of removal and allow him to join his duty at once and pay Sri Mazumdar the salary and other allowances including post retirement benefits from the date of removal till the date of superannuation i.e. 31.12.2012. Period of suspension as mentioned in the removal order in respect of both workmen8898 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] shall be treated as to have been spent on duty for all purpose and they will be paid the differential amount of those period. The award shall be implemented and arrear shall also be paid within one month from the date of publication in the Gazette of India failing which the Opp. Party is liable to pay 4% simple interest till the date of payment of arrear.

This is my award.

R. K. SARAN, Presiding Officer

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2659.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स पूफड कारपोरेशन ऑपफ इंडिया एवं उनके कर्मचारी के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय नं. 1, ध्नबाद के पंचाट शिकायत संख्या 10/2015 जो कि ;संदर्भ संख्या 138/1997द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 08.11.2017 को प्राप्त हुआ था।

[सं. एल-22012/170/1996-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 15th November, 2017

S.O. 2659.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Complaint No. 10 of 2015 Arising out of Award (I.D. No. 138/1997) of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad as shown in Annexure, in the industrial dispute between the employers in relation to the Food Corporation of India and their workman, which was received by the Central Government on 08.11.2017.

[No. L-22012/170/1996-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.1), DHANBAD

IN THE MATTER OF A COMPLAINT U/S 33(A) OF I.D ACT, 1947

COMPLAINT NO. 10 of 2015

(Arising out of Ref.No. 138/97)

Ministry order no. 22012/170/96-IR(C-II)

Hansraj Singh, AG (D), FCI, Chhapra District Office, Chapra

…Complainant Vrs

General Manager (Region) Food Corporation of India Arunachal Building, Exhibition Road, Regional Office, Patna

…Opposite party Present : Sri Ranjan Kumar Saran, Presiding Officer

Appearances :

For complainants       :      Shri Vijayendra Kumar, Authorised representative
For opposite party     :      Shri  Manish Mishra, AGM (Law), FCI

State : Bihar

Industry : Food

Dated 25/09/17

AWARD

1) The instant complaint is filed by the complainant against an order of penalty dated 28.7.2015 passed by the OP where under the complainant was reverted to the post of AG III(D) in initial pay of AG III (D) from AG II (D) for alleged misconduct during procurement of rice at Bihar State warehousing godown at Chapra, District - Saran.

2) That a reference no. 138 / 97 was pending before this Tribunal regarding payment of OTA at double the rate in respect of all employees of united Bihar region of FCI and during the pendency of the said reference service condition of the workman has been changed / altered without taking prior permission of this Tribunal as required under Sec. 33 (1) of the ID Act, as such a complaint under Sec. 33 A is filed before this Tribunal for violation of Sec. 33 of the ID Act.

3) It is further case of the complainant that OTA is linked with the basic pay of the workman and if basic pay is reduced the entitlement of OTA will also be reduced and the original reference is about OTA, therefore, action of the management imposing punishment of reduction to the post of AG III (D) in initial pay scale of AG III (D) is directly connected with the reference and admittedly the complainant are concerned with the said reference.

4) The complainant while working as AG II (D) was posted at BSWC godown at Chapra along with other employees and during the tenure of his posting procurement of food grain i.e. paddy, wheat and rice was being undertaken by the Food Corporation of India to provide the farmers at least the minimum support price of food grain. BSWC Chapra godown was also used to store the food grain of FCI received from other state as well as procured stock of Chapra and for storage BSWC was being paid the storage charges as well as administrative charges by FCI as per agreement in vogue. In each BSWC godown depot staff of FCI are being posted permanently and the QC staff is also posted at the time of procurement to check quality of food grains. Depot staff i.e. the complainant was responsible for maintenance of all the depot account with the help of other depot staff except QC paper and QC staff was responsible for quality check of food grain as well as preparation of QC papers so that payment to the farmers or other agency if any be made. Providing treatment of food grain is also the duty of QC staff.

5) During the relevant season of procurement the Bihar State Food and Civil Supply Corporation was declared as nodal agency for procurement of foodgrains in the state of Bihar. BSFC started purchase of paddy from the farmers and after its milling rice was sent to the FCI procurement centre against central pool and FCI after procurement of food grains used to pay purchase price as declared by Govt of India to the BSFC.

6) That when the trucks loaded with the rice or wheat reported at the godown then a written programme alongwith truck nos and numbers of bags loaded in truck is given by the SFC to FCI and depot staff like the complainant was to allow entry of the said truck inside the godown for checking by QC staff .The stock loaded in truck was dumped inside the godown and after checking by the QC staff it was stacked finally as per instruction of Superintendent BSWC Chapra and after preparation of QC paper by the QC staff the payment was released to the BSFC by the FCI.

7) The QC staff after checking the quality of food grain allowed the superintendent to keep the stock inside the godown and QC papers i.e. acceptance note and payment voucher etc. was being prepared subsequently as because it was not possible for a single QC staff to check the quality and prepare QC paper simultaneously. Maintenance of enforcement register, dumping register, rejection register, dehusk register, register of damage food grains and register for QC dead stocks along with QC equipment register are the duty of QC staff posted/deployed in PPC. The complainant has nothing to do with maintenance of those register. Moreover the complainant was not even attached with the work of procurement. One Yogendra Singh AG II (D) was the procurement in charge along with Jitendra Prasad Rai TA as per Ext.M-1. The complainant is in no way responsible for pendency of QC records as well as for procurement of food grains. He was the depot in charge and Yogendra Singh & Jitendra Prasad Rai were deployed exclusively for procurement, therefore, action if any taken against the complainant is illegal & unjustified as complainant was not entrusted procurement work.

8) On 25.03.2013 and 26.03.2013 2700 Qts+3453.17 Kg= 6153.17 Kg rice was brought for procurement as usual by trucks and the entry of those trucks was allowed by the complainant with an advice to the QC staff to check its quality and accordingly Sri Jitendra Prasad Rai, TA III who was posted at BSWC Chapra , after checking accepted the stock and instructed the Supdt BSWC to keep the stock inside the godown. The official of BSFC was told by the TA that acceptance note and payment voucher shall be prepared within two or three days as it is not possible to prepare the same on same day due to pressure of work.

9) On 25.03.2013 and 26.03.2013, 6153.17 Kg= 615.317 MT rice was procured and on 26.03.2013 itself one missing wagon was also unloaded and accordingly 627.97 MT rice stock was available in the stock of FCI as on 29.03.2013.

10) Since there was no stock except the above and there was pressure of State Govt. to issue the stock, the said entire stock was issued to the BSFC on 29.03.2013 and 30.03.2013 against release order but till 30.03.2013 QC paper was not given by the QC staff to BSFC. Thereafter a complaint was made against Jitendra Prasad Rai for demanding money from BSFC officials for preparation of QC papers.

11) The case of the OP in short is that later on a complaint from unknown sources was made to the FCI and a team headed by Sri Avinash Kumar DGM (Law) alongwith Sri Anshu Sharma AGM and Sri Birendra Kumar Manager (QC) was constituted and they in their report dated 31.07.2013 i.e. Ext M-9 has mentioned that since QC paper was not8900 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] prepared as such the said procurement on 25.03.2013 & 26.03.2013 and issue of food grains on 29.03.2013 & 30.03.2013 was fictitious and on this ground the complainant was placed under suspension w.e.f 08.04.2013 and a charge sheet under regulation 58 of FCI Regulation was issued on 15.01.2014 and proceeding was started and after enquiry the complainant was awarded a penalty of reduction to the post of AG III (D) in initial pay scale vide order dated 28.07.2015 and accordingly this complaint was filed by the complainant under Sec. 33 A of the ID Act.

12) On the other hand the case of the Opp. Party is that the order of punishment imposed against the complainant by the Disciplinary Authority, vide order dated 28.07.2015, which is questioned in this complaint case is on account of commission of grave misconduct by accepting CMR Stock with checking of quality and issuance of quality certificate and purchase-cum- payment voucher and simultaneously showing issuance of that stock clandestinely which ultimatelty was found fake as neither the said sticks (Rice) were phusically found purchased nor physically issued on the given dates and only paper was created to commit recycling of stock . After being chargesheeted, the complainant was held guilty by the inquiry officer and the disciplinary authority has imposed the penalty of reduction to the lower post of AG-III(D) with initial pay of reduced post.

13) It is further submitted by the Opp.Party that there is not application of the proviso to section 33(2)(b) of the I.D.Act 1947 in the present case because by the impunged penalty order , the complainant is neither discharged or dismissed from service. Thus there was no requirement under the said provision for seeking approval by the management from the Hob'ble Tribunal. Thus the action of the management is fully covered by the statutory permission provided under sub clause(a) & (b) of section 33(2) of the I.D Act 1947 . Thus there being no breach of section 33 of the I.D Act, this complaint under section 33 A of the Industrial Disputes Act 1947 is not maintainable, and therefore the same is fit to be dismissed at the very threshold.

14) The OP in their WS has also stated that the complaint is not maintainable because the punishment is not related to the pending reference as such no approval/permission was required before passing the order of punishment. They have further stated that the punishment was awarded after holding domestic inquiry as per provision of staff regulation which was within the competence of the authority as such the same may not be a subject matter of the present complaint. They have further stated that reference 138/97 was pending about OTA of the employee which is not connected with this complaint and the workmen is also not concerned with this reference and pray for dismissal of the complainant petition.

15) It is also the case of the complainant that during domestic inquiry he was not allowed by the EO to give his evidence and other DWs was also not allowed. Some vital defence document was also not allowed as such after evidence of opp. Parties and of the complainant the enquiry was held unfair and improper and Opp.Party was directed to produce evidence on merit and prove the charges levelled against the complainant before this Tribunal.

16) The Opp.Party has examined altogether 5 witnesses in support of the charges except one during PP and filed certain documents in support of their case which has been marked Ext M-1 to M-12, 04 witnesses were also examined by the complainant excluding one during PP and a bunch of documents was also filed which were marked Ext- W-1 to W-18.

17) As per charge sheet Ext M-1 it is alleged by the Opp.Party that on 25.03.2013 & 26.03.2013 there was no procurement as well as on 29.03.2013 and 30.03.2013 there was no issue of food grain and complainants & others has shown these operation only on paper as such the same is fictitious and complainant is guilty of the said misconduct.

18) MW-2 Sri Anshu Sharma Asstt. General Manager, who was a committee member of regional office team and sole vital witness of the OP has said in his examination in chief that there was no procurement on 25.03.2013 & 26.03.2013 and also there was no issue of stock on 29.03.2013 & 30.03.2013 and the procurement was fake but during cross examination he has admitted that in fact there was procurement on 25.03.2013 & 26.03.2013 as well as issue on 29.03.2013 & 30.03.2013. He has further admitted that consignee has admitted that they have received the said stock. He has said in detail as such the same will be examined separately here-in-after.

19) MW- 3 is Santosh Kumar AGM has said that he was not the member of the investigating team. He has said that he went Chappra to check the maintenance of record not for the purpose of investigation as such his evidence is of no help of the OP and he is mere a formal witness.

20) MW-4 is Sri Jitendra Prasad Rai TA III. He has said that on 25.3.13 he was posted at FSD Chapra and worked there. He said that he was telephoned to prepare QC paper of BSWC Chapra . He said that he is not posted at BSWC Chapra as such he will not prepare the QC paper. He further said that he was ordered by Area Manager to go to BSWC and he went there and stayed till 11 AM but no procurement was made there. During cross examination he has admitted Ext.W-1 & W-2. Authenthicity of his evidence shall be examined further in detail hereinafter.

21) MW-5 Sri Sameer Kumar Dwivedi TA II has said that he was not aware about incident of 25.03.2013 & 26.03.2013 as he joined 02.04.2013. He is mere a formal witness and of no help of Opp Party .

22) MW-6 Deepak Kumar Choubey, TA III has said that up to 23.03.2013 he was looking after the procurement work of both the places i.e. FSD Chapra & BSWC Chapra but on 23.03.2013 he was transferred from there and Sri Jitendra Prasad Rai TA III was posted there to work as TA III at BSWC Godown Chapra. He has further said that he has no idea about incident of 25 & 26.03.2013. From his evidence it is proved that Jitendra Prasad Rai TA III was posted at BSWC Chapra on 25.03.2013 to look after the procurement work and the evidence given by Jitendra Prasad Rai that he was not posted at BSWC Chapra is proved false.

23) Now the evidence adduced on behalf of the complainant has to be examined. WW-2 is the complainant himself. He has said that on 25.03.2013 & 26.03.2013 there was procurement of rice and on 29.03.2013 & 30.03.2013 the said rice and rice received from missing wagon in between was issued to the Bihar State Food Corporation Chapra against the RO issued by FCI. He has further said that Jitendra Prasad Rai TA was present on that date. He has further said that except the procured rice and rice received from one missing wagon in the meantime there was no other stock available at BSWC godown Chapra. He has further said that the rice stock was purchased after quality check but paper of QC was not prepared on that day .Complainant has further said that he has not committed anything wrong and the allegation against him is quite false and finding of the committee is also misleading & wrong and based on their assumption & presumption. His above evidence is consistent, authentic and reliable as there is no cross examination on the above points.

24) WW 3 is Sri Raj Kumar Prasad who was Asstt. Godown Manager in BSFC and was posted at Chapra during the relevant period. He has said that on 24.3.13 – 5400 bags=2700 qtls. rice and 25.3.13 6907 bags = 3453.17 qtls. rice was despatched by him from rice mills through its contractor by truck for procurement by FCI at BSWC godown Chapra. He has further said that after quality check Jitendra Prasad Rai allowed the stock for unloading in the SWC godown at Chapra on 25.03.13 and 26.03.2013 . Sri Jitendra Prasad Rai instructed the superintendent BSWC to unload the stock in his godown and he will issue QC paper later on. This practice was in vogue there. He has further said that one Ravi Raj of FCI was there to collect the QC paper from the TA. He has further said that later on Jitendra Prasad Rai demanded money from Mr Ravi Raj representative of BSFC deputed there to issue QC paper for which Raviraj made a written complaint against Jitendra Prasad Rai and on the basis of his complaint the DM BSFC as well as District Magistrate Chapra has intimated the same to the GM FCI Bihar as well as Food Secretary, Bihar but no action was initiated against him. He has further said that the allegation of FCI committee and their report is false and based on their own assumptions and presumptions against all the vital documents of FCI, BSFC and SWC. Actually there was procurement of rice on 25.3.13 & 26.3.13 and its issue on 29.3.13 & 30.3.13 was also performed as per procedure of FCI, SFC & SWC. His evidence is relevant, authentic & reliable and there is no cross examination on the said points.

25) WW- 4 Ravi Raj has stated that he was deployed as lifting in charge by BSFC in BSWC godown Chapra during the relevant period. He has further stated that on 25.3.13 & 26.3.13 he gave written programme for procurement to in charge FCI BSWC Chapra and after his permission the truck was allowed to go inside the BSWC godown for checking by QC staff and unloading in the BSWC godown. He has further said that quality check of the food grain was conducted by Jitendra Prasad Rai on both days.10 % weighment was also taken by FCI & SWC. He has further said that on 29.03.2013 & 30.03.2013 the stock was issued to BSFC Chapra in his presence and his signature is there on the records of SWC,BSFC as well as FCI. He has further stated that QC paper was not prepared till 31.03.2013 and money was demanded by jitendra Prasad Rai for preparation of QC paper as such a complaint was made by him on 01.04.2013 vide Ext.W,-1. He has further stated that it is a fact that procurement of rice was undertaken on 25.03.2013 & 26.03.2013 in presence of Jitendra Prasad Rai and the same was unloaded as per his consent and the said stock was also issued on 29.03.2013 & 30.03.2013 against the release order issued by FCI. Lastly he has said that the report Ext M-9 is based on inference, imagination and presumption of the committee and entire finding of the said committee is against the unimpeachable document of FCI, SFC and BSWC. During his evidence he has referred all the documents filed by the complainant in this case. His evidence is consistent, systematic based on documents and given in unequivocal term. Even during his cross examination, Opp Party was failed to extract anything in their favour.

26) WW 5 has said in his evidence that he was Supdt. I/c of BSWC godown Chhapra. In this godown food grain of FCI is being stored only. He has further said that on 25.03.2013 & 26.03.2013, 2700 qtl. & 3453 qtl.17 Kg rice respectively was brought by Sri Raviraj by truck for procurement by FCI. Thereafter I/c FCI Sri Hansraj Singh instructed me to get the stock unloaded after QC check and the rice was unloaded from the trucks in presence of Jitendra Prasad Rai TA and other employee of FCI posted at BSWC Chapra . He has further said that at the time of unloading the stock was checked by Sri Jitendra Prasad Rai and the same was kept inside the godown Sri Rai was present from 11 AM to 1 PM and collected the sample of rice from the different trucks on both the day and asked me to unload and stack inside the godown. It was further stated by him that the said stock and the stock received from one missing wagon in the meantime was issued to BSFC against release order issued by FCI. He has further stated that no order or instruction of FCI was given to him that rice procured be issued only after inspection by higher officer of FCI. He has further stated that there was pressure of the State Govt. to issue the food grain, and release order was also with him, therefore, the said stock was issued to the BSFC Chapra. He has further said that the stock of rice was actually8902 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] unloaded in BSWC godown at Chapra on 25.3.13 & 26.3.13 and the same was issued to the BSFC Chhapra against the release order on 29.3.13 & 30.3.13 as there was no other stock available. He has further said that after considerable period one committee of FCI was at Chapra to verify our record and we have provided all the document in support of receipt & issue, He was also called by them in RO of FCI and they obtained his written statement on 15.05.2013 but in their report they have opined against all the records of FCI SWC & SFC and narrated a false story of fake procurement. Their report is based on their imagination & hypothecation. During cross examination too he has clearly said that Jitendra Prasad Rai demanded money to prepare the QC paper. Nothing favourable was obtained by the Op during cross examination.

27) Apart from the witness both the parties has filed document. Opp Party has also filed documents which has been marked M-1 to M-12 and the complainant has also filed documents which has been marked exhibit W-1 to W-18. Opp.Party's document Ext M-1 is memorandum, M-2 is IO report, M-3 is paper notification, M-4 is punishment order, M-5 is booklet of KMS 12-13, M-5/1, M-6, M-7 & M-8 are statements, M-9 series is report,M-10 is order dated 23.3.2015, M-10/1 is posting order of Sri Jitendra Prasad Rai to BSWC Chapra, M-11 is statement of Sri Sameer Dwevedi and M-12 is statement of Sri Deepak Choubey. It is very much surprising that altogether 59 documents, list of which was annexed with the memorandum Ext.M-1 were produced during the domestic inquiry has not been filed before this Tribunal reason best known to the OP. One new document Ext M-9 which was not the part of domestic inquiry has been filed by the OP in support of their case. Saran regarding complaint against technical staff, Ext W-2 is written complaint of lifting I/c regarding delay in preparation of QC record by Jitendra Prasad Rai and demand of money. Ext W-3, and W-7 are the programme of SFC for 25.03.2013 and 26.03.2013 on which the BSFC representative has given details i.e. name of miller, Truck no., no of bags & quantity loaded in trucks. As per programme dated 25.03.2013, 5400 bags = 2700 qtl rice was brought by SFC for procurement and 13 truck containing 6907 bags= 3453.17 qtl. was brought on 26.03.2013 respectively. Ext W-5 and W-8 are the weight check memo on which 10 % weighment of procured food grain was undertaken. Ext W-6 and W-9 are the truck challan against which the truck was brought for procurement. Ext W-11 is the 'M' form issued on 29.03.2013 & 30.03.2013 and Ext W-7 is the release order issued by FCI against which the stock was issued on 29.03.2013 & 30.03.2013 to BSFC. Ext W 12 is the procurement register of BSFC containing the figure of procured stock on 25.03.2013 & 26.03.2013. Ext W-13 is the stock A/c for the month of March 2013 containing the figure of procured stock and issued Stock. Ext W-14 is the master ledger of FCI for the month of March Ext W-15 is the programme given on 29.3.13 and 30.3.13 regarding issue, and Ext W.16 series are the gate pass issued by SWC and BSFC on 29.3.13. & 30.3.13. Ext W-17 is statement of Sri Avnish Kumar Supdt, BSWC Chapra which was given before investigating team of FCI. All the documents filed by the workmen are official records and are part of the listed 59 documents of the Opp Party. After careful consideration of the Written statement, evidence and pleading of both the parties following points requires adjudication:-

i Whether the complainant is workman and the present complaint is maintainable ?

ii Whether at BSWC Chhapra there was procurement of food grains on 25.03.2013 & 26.03.2013 and

issue of food grain on 29.03.2013 & 30.03.2013 ?

iii Whether the complainant is guilty for misconduct as mentioned in memorandum and punishment

dated 28.07.2015 is legal & justified? If not to what relief the complainant is entitle to?

Point no.1 :- The complainant is workman under ID Act. He is mere a clerk and his OTA is linked with the basic pay are admitted by the OP. There is no denial either in WS of the Opp.Party or in any documents. The complainant is entitle to get OTA and pending dispute is about OTA is also not denied by the OP rather the aforesaid facts are admitted by the Opp.Party. It is also an admitted fact that reference no. 138/97 is in respect of all the workmen of Bihar Region, therefore admittedly the complainant is concerned with ref no 138 /97. Due to the alleged misconduct the complainant was placed under suspension on 08.04.2013 without serving any charge sheet as such alteration in service condition started w.e.f the date of suspension. The charge sheet was issued on 15.01.2014 and after domestic inquiry he was reverted to the post of AG III (D) in the initial pay to that post. Since his pay was reduced then his entitlement to get OTA is also reduced and the said change during the pendency of reference no 138/97 is violation of Sec 33 (1) of the ID Act and for any such violation there is express provision to file a complaint under Sec 33 (A) of the ID Act and if complaint is filed the Tribunal has to adjudicate the matter as if it were a dispute referred or pending before it in accordance with the provision of the Act and shall submit award to the appropriate government. In view of the above it is held that the complainant is workmen and concerned with reference 138/97 and by reducing his pay & post the entitlement of OTA is also reduced, therefore, this change is also connected to the pending dispute and compliance of Sec 33 was mandatory on the part of OP and thus present complaint is maintainable. Original ref.138 of 97 was also pending on the date of alteration of service condition i.e. on 28.07.15 in view of section 20 (3) read with section 17 (A)of the I.D. Act as award was not enforceable on 28.07 2015 therefore, this complaint petition is also maintainable.

Point no.2:- Three Govt. agencies were engaged in the work of procurement during the relevant period. Bihar State Food Corporation was nodal agency to purchase paddy from the farmers and after milling of the said paddy the resultant rice was purchased by the Food Corporation of India against central pool from BSFC. The said purchased rice[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8903 of FCI was being stored in different godown including BSWC Chapra and thereafter the same was given to the BSFC against release order issued by FCI after realising the cost of the food grains from the BSFC. BSFC thereafter distributed the said stock to PDS dealer of the said district.

28) In the instant case as per memorandum est.M-1 it is alleged that on 25.03.13 and 26.3.13 there was no procurement at BSWC Chapra and on 29 & 30.3.13 there was no issue of food grain. As per OP the procurement was not taken place on 25 & 26.3.13 and entire operation was fake due to non-preparation of QC paper where as FCI staff posted there including the complainant as well as authority of BSFC & BSWC are admitting that in fact there was procurement on 25 & 26.3.13 and Issue on 29 & 30.3.13.

29) To find out the factual position the Tribunal has to discuss the documents and evidence of both the parties. The OP has filed 03 man committee report dated 31.7.13 in which they have held that there was no procurement on 25.3.13 & 26.3.13 as well as there was no issue of food grain on 29 & 30.3.13 and except the said report no other documentary evidence has been filed by the OP in support of their case in this Tribunal. So far as other documents of the OP is concerned they have filed the charge sheet and proceeding relating to departmental enquiry excluding the listed documents but not filed any records of the depot in support of their allegation. Several documents are made annexures but not even a single document is annexed. The OP has also examined 05 witnesses on the point of merit of this case. MW-2 is Anshu Sharma, Asstt. General Manager who was a member of investing team in his written deposition has said that there was no procurement on 25.3.13 & 26.3.13 and the same was shown only on paper but during his cross examination he has changed his version and admitted the entire case of the complainant and accepted that in fact there was procurement on 25.3.13 & 26.3.13 and issue on 29.3.13 & 30.3.13 against the release order issued by FCI. His cross examination portion is very important to find out the factual position of the case. The same is quoted herein after for proper adjudication of the case.

"It is a fact that on 25.03.2013 & 26.03.2013 rice was procured at SWC Chapra. It was issued to State Govt. on 29.03.2013 & 30.03.2013. After received complaint of lapses I went to inquire in the 1st week of April 2013. On the spot stock was not there. On record I saw procurement and on record I saw consignment but factually I did not find stock there. The stock release order was issued by FCI and released by SWC. SFC deposited money where after FCI issue release order. Since I did not know the complaint there was no scope to ask anything to him. But as per higher officers order I proceeded for inquiry. It is a fact that consignee admitted that he received the consignment."

30) From the evidence of PW-2 itself it is proved that in fact on 25.03.2013 & 26.03.2013 there was procurement of food grains at BSWC Chapra and the said stock was issued on 29.03.2013 & 30.03.2013 against sufficient to falsify the entire case of the opposite party as mentioned in the report dated 31.7.13. This PW was not in a position to see the stock as the committee visited after liquidation of stock.

31) MW-4 Jitendra Prasad Rai in his evidence has denied his posting at BSWC godown at Chapra. However he has said that as per Area manager order he visited SWC Chapra and stayed up to 11 AM but no procurement was made. His above evidence was found false in face of the order dated 25.03.2013 ext. 10/1 & evidence of MW-6 regarding his posting at BSWC Chapra. All the witness examined on behalf the workman who is Govt. servant has stated before this Tribunal that Sri Jitendra Prasad was personally present on 25.03.2013 & 26.03.2013 and after his checking the stock was kept inside the godown and money was demanded by Sri Jitendra Prasad Rai for preparation of QC papers. The State Authority including the District Magistrate Saran has also written to the Principal Secretary Bihar as well as GM Bihar regarding delay in preparation of QC papers by the technical assistant. This complaint is filed before this Tribunal on behalf of the complainant and marked ext.W-1 & W-2. Complaint was also shown to Jitendra Prasad Rai during his evidence and the same was admitted. OP also has not denied the authenticity of the said document; therefore, the evidence of Sri Jitendra Prasad Rai is not reliable and is untrue. He is responsible for wilful non preparation of QC records and demand of money from the BSFC and only on the basis of non-preparation the genuiness of procurement validly held on 25 & 26.03.2013 cannot be disputed. Due to his wrong statement before the FCI committee the entire case was cropped up and the committee after believing his false evidence submitted their repot Ext M -9 which is based on their inference, assumption & presumption against all the official records of three Govt. Agencies. In view of above their report is not acceptable. The allegation levelled in the memorandum ext.M-1 is based solely on report ext. M-9. It is surprising that why FCI authority was sitting tight over the complaint made by the state authority and has not taken any action against Jitendra Prasad Rai?.

32) So far as the evidence adduced on behalf of the complainant is concerned they all are eye witness. Evidence of all the WW 2 to 5 are authentic, systematic & consistent and the OP has not extracted anything even during their cross examination. The entire evidence on behalf of complainant is based on records which are filed in this Tribunal. The document filed on behalf of the complainant are copies of official record of FCI, SFC & BSWC and their genuineness and authenticity has not been doubted by the OP before this Tribunal and are exhibited with the consent of the parties. During argument it was submitted on behalf of the complainant that figure of procurement on 25.3.13 &8904 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] 26.3.13 as well as figure of issue of stock to SFC on 29.3.13 & 30.3.13 as claimed by the complainant are still available in the records of FCI from Regional to Headquarter level and this fact was not denied by the OP during their argument. The Opp Party has miserably failed to prove the charges against the complainant before this Tribunal whereas the complainant has strongly disapproved the charges on the basis of document & evidence.

33) From the evidence, document & pleading of the parties, It is proved that on 25.03.2013 & 26.03.2013 there was procurement of food grain at BSWC godown Chapra and Jitendra Kumar Rai TA was present and after checking by him the stock was kept inside the BSWC godown and the same was delivered to the State Govt. on 29.3.13 & 30.03.2013 against release order issued by FCI after realising cost of the food grain from BSFC Chapra and the complainant is not responsible for any misconduct as alleged in Ext. M-1 which is based on Ext M-9, the report of the committee and ,therefore, the punishment order dated 28. 07.2015 is illegal & unjustified and the same is hereby set aside. The suspension of the complainant during this case w.e.f 08.04.2013 to 06.03.2014 is also held illegal & unjustified and the complainant is entitle to get full wages along with other allowances during the period of suspension minus subsistence allowance already paid to him.

34. Considering the facts and circumstance of this case, It is therefore, held that the action of the opposite party in punishing the complainant vide order dated 28.07.2015 is illegal & unjustified and the complainant is restored to his original post of AG II (D) with full pay and allowances of the said post from the date of punishment. The award must be implemented within 30 days of publication in the Gazette of India.

This is my award.

R. K. SARAN, Presiding Officer

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2660.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स पूफड

कारपोरेशन ऑपफ इंडिया एवं उनके कर्मचारी के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक

विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय नं. 1, ध्नबाद के पंचाट शिकायत संख्या 3, 4/2014 एवं 5/2015 जो कि ;संदर्भ संख्या 138/1997द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 08.11.2017 को प्राप्त हुआ था।

[सं. एल-22012/170/1996-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 15th November, 2017

S.O. 2660.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Complaint 3, 4 of 2014 and 5 of 2015 Arising out of Award (I.D. No. 138/1997) of the Central Government Industrial Tribunal-cum-Labour Court No. 1, Dhanbad as shown in Annexure, in the industrial dispute between the employers in relation to the management of Food Corporation of India and their workman, which was received by the Central Government on 08.11.2017.

[No. L-22012/170/1996-IR (CM-II)]

RAJENDER SINGH, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.1), DHANBAD

IN THE MATTER OF A COMPLAINT U/S 33(A) OF I.D ACT, 1947

COMPLAINT NO. 03/2014

Arising Out of Ref. 138/97

Ministry's order No. 22012/170/96 IR(C-II)

Motilal Ram, AG-II (D) S/o Late Hiralal Ram Food Corporation of India S.W.C., Ara Dist.- Bhojpur

…Complainant

Vrs.

1. General Manager (Region)

Food Corporation of India, Regional Office Patna and Others

2. Executive Director, (East) Zonal Office

10 A Middleton row, Kolkata 71 …Opposite Parties

COMPLAINT NO. 4/2014

Arising out of Ref. 138/97

Jagnarayan Singh AG-II (D) S/o Late Buchul Singh Food Corporation of India FSD Po- Mokama, Dist.- Patna …Complainant

Vrs.

1. General Manager (Region)

Food Corporation of India, Regional Office Patna

2. Executive Director, (East) Zonal Office

10 A Middleton row, Kolkata 71 …Opposite Parties

COMPLAINT NO. 5/2014

Arising out of Ref. 138/97

Krishna Bihari Mishra AG-II (D) S/o Late Shivjee Mishra Food Corporation of India FSD Po- Baksar, Dist.- Baksar …Complainant

Vrs.

1. General Manager (Region)

Food Corporation of India, Regional Office Patna

2. Executive Director, (East) Zonal Office

10 A Middleton row, Kolkata 71 …Opposite Parties

Present :- Sri Ranjan Kumar Saran, Presiding Officer

Appearances :

For complainant           :        Shri Anil Kr. Srivastava, Advocate
For opposite party        :        Shri Arun Kr. Sinha, Advocate

State : Bihar

Industry : Food

Dated. 20/10/ 2017

AWARD

2. All complaint case are filed directly by the complainant under Sec.33 A of the ID Act against the an order of recovery of money by way of penalty of Rs. 5 Lakh in equal installment from the salary of applicant, reduction to initial pay in the time scale or AG-II(D), stoppage of future increments and deprived the complainant for future promotion till retirement as well as terminal benefits including gratuity of all the complainant without taking approval of this Tribunal is gross violation of Sec 33 (2)(b) of the ID Act during the pendency of reference no 138 /1997 before this Tribunal.

3. Complainant is the workman of Food Corporation of India filed present complain U/s 33A of the Industrial disputes Act 1947 and prayed to declare the action of the management is illegal.

4. Two witnesses examined on behalf of the opp.Party but one witness examined on behalf of the complainant in each case, and docment of Opp.party also marked as M-1 to M-10 in Comp. 4/2014 and Comp 5/2014 but in Comp 3/2014 two document extra marked as exhibit. All cases filed by the workmen is similar nature of case hence heard all cases heard togather and a common award passed hereunder.

5. The case of the compalainant is that the compainant is a permanent workman of Bihar region and he was initialy appointed as Class- IV Staff and later promoted as to the post of AG –III D and AG-II (D) but the Opp. Party / Food corporation of India changed the service condition of all the workman of Bihar region including this three complainant without complying the provision of Sec. 9A of I.D Act 1947.

6. The aforesaid order was passed by the Opp. Party during the pendency of Ref. Case NO. 138/1997, whereas according to section 33 (1) (b) of the Industrial Disputers Act, no employer shall for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any workman concerned in such dispute. Thus, all the order of punishment, whether by dismissal or otherwise, imposed on the workman for any misconduct unconnected with the dispute, are covered by section 33(2) (b) and would require compliance with its provision.

7. During the pendency of aforesaid reference 138/1997 it was obligatory on the part of management to file petition before this Hon'ble Tribunal under section 33(2)(b), but the management has not filed such application before this Tribunal U/s 33(2)(b), therefore the Opp. Party contravented this provisions of section 33 of I.D Act.

8. It is further submitted by the complainant that during the pendency of aforesaid cases the General Manager (Region) issued a memorandum vide (vig) 4(1313)2/2011 dated 19.07.2011 issued a charge sheet to the complainant and made false allegation against the complainant. Thereafter the compainant submitted his reply and denied the allegation levelled against him. The Disciplinary authority without considering his reply initiated departmental enquiry against them.

9. The Enquiry Officer conducted domestic enquiry in utter violation of principle of natureal justice and submitted perverse report, and thereafter the Disciplinary Authority imposted a penalty of recovery of Rs. 5 lack each in equal instalment and monthly instalment not exceeding more than one third of his gross salary, and the non recovered amount is recovered from the salary from the terminal benefits excluding gratuity.

10. The Disciplinary Authority imposted a penalty of reduction of initial pay in the time scale pay of AG II(D) and he will earn any future increment with holding of promotion till retirement.

11. The Opp. Party during the pendency of Ref. No. 138/97 inposes the punishment upon the complainant on flimsy allegation without proper enquiry in violation of section 33(2) (b) of the I.D. Act.

12. The complainant has not committed any misconduct as enumarated in the aforesaid memorandum even then the Opp.Party just to victimize him and imposed double panelty upon him withoout obtaining express permission U/S 33(2) (b) of I.D Act. Hence the action of the Opp. Party is illegal and unjustified.

13. On the other hand the case of the opp. party is that the complainant was charged for commission of grave misconduct alongwith other staff twice, first vide chargesheet issued under No. Vig 4 (1313)/2/2011 dated 19.07. 2011 when he was posted and working as AG. II (D) at FSD Buxur for abnormal shortage of wheat and rice found during the month of Feb. 2011 the comulative value whereof came to 3,15,05,529/- and second vide chargesheet issued under vig 4(1365)/2/2011 dated 02/02/2012 for charges of abnormal shortage of wheat and rice found during the month of March to June 2011, the comulative value whereof came to Rs. 1,99,47,454/- apart from it further shortage in terms of bags was detected, the comulated value of which come to the tune of Rs. 31,05,331. Two saperate departmental enquiry was held saperatly and on being guilty in the enquiry, thus they was awarded penalty.

14. On perusal of MW-1 it admitted during the cross examination that I have not visited the Buxar Shed, therefore I cannot say the position of the Shed. As well as MW-2 also admitted during the cross examination that shed were covered Shed. The Shed was guarded by home guard police. There is no proof of pilferage of bags.

15. On hearing of argument the workman representative submitted that dispute relating payment of OTA of all employees pending before this Tribunal at the time of action taken by the opp. Party. But the representative of opp. Party submitted that for serious lapses management has to take stringent action. This is true but as per U/S 33 (2) the Opp.Party ought to have obtained approval from Tribunal to justify their action .

16. It is clear law In I.D Act 1947 aproval is must after taking any stringent action of the Opp.Party. Asking the approval of the Tribunal relating to action of Opp. Party/management would not belittle the dignity of the Opp.Party. The Hon'ble Apex Court in clear tone has observed, while a dispute what ever sort that may be pending before the Tribunal approval must be obtained from the Tribunal to Justify its action and a decision to that effect reported in A.I.R. 2002 SC 643(i). For deciding the all present cases.

17. Considering the facts and circumstances of all these cases, I hold that the action of the Opp.Party is illegal and not justified. Hence set aside the order of penalty imposed by the Opp. Party vide order of 24.07.2012 and 17.09.2013 and further direct to the Opp. Party to refund the amount which is all ready recovered from his salary and restore his pay accordingly and pay him all retirement benefits, if they were retire from his service.

This is my award.

R. K. SARAN, Presiding Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8907

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2661.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार मैसर्स एम.

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

अधिकरण-सह-श्रम न्यायालय, भुबनेश्वर के पंचाट ;संदर्भ संख्या 82/2008द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 13.11.2017 को प्राप्त हुआ था।

[सं. एल-22012/103/2008-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 15th November, 2017

S.O. 2661.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (Ref. No. 82/2008) of the Central Government Industrial Tribunal-cum- Labour Court, Bhubneswar as shown in the Annexure, in the industrial dispute between the management of M/s. M.C.L. and their workmen, received by the Central Government on 13.11.2017.

[No. L-22012/103/2008-IR (CM-II)]

RAJENDER SINGH, 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. 82/2008

Date of Passing Award – 3rd October, 2017

Between:

The General Manager, Lakhanpur Area, MCL, Po. Bandhbahal, Dist. Jharsuguda, Orissa

…1st Party-Management

(And)

The Secretary, Brajrajnagar IB Khadan Mazdoor Sangh, At. Qrs. No. M/635 & 636, Bandhbahal, Po. Bandhbahal, Dist. Jharsuguda, Orissa …2nd Party-Union

Appearances :

Shri B.C. Mallick        …       For the 1st Party-Management
Shri Mohan Ch. Nayak,    …       For the 2nd Party-Union
General Secretary

AWARD

The Government of India in the Ministry of Labour in exercising its authority conferred under by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act (in short "the Act") have referred the dispute between the management of Lakhanpur Area, MCL and their workman to this Tribunal vide letter No. L-22012/103/2008 – IR(CM-II), dated 24.11.2008 with following schedule:-

"Whether the action of the Management of M/s. MCL in imposing penalty of dismissal from service w.e.f. 02.02.2007 on Shri P.N. Parida is legal and justified? To what relief is the claimant entitled?"

2. The disputant workman Shri P.N. Parida was working as a Dumper Operator with effect from 7th May, 1984. On 12.06.2008 he was performing night shift duty being a Dumper Operator in Belpahar OCM of Lakhanpur Area being allotted with Dumper Sl. No. 2813. He was stated to have been cut-red hand by the patrolling party of the Management8908 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] while removing diesel from his dumper in jerkins through a plastic pipe in an isolated place of the mining area and as such a domestic enquiry was conducted against him after he was charge-sheeted and placed under suspension with effect from 13.6.2006. In the said proceeding he was charged of committing theft and fraud in connection with the employers business or property and involving in willful and deliberate act of being subversive which is detrimental to the interest of the company. He is said to have been participated in the departmental enquiry and defended himself. On conclusion of the enquiry when he was found to have committed serious misconduct being involved in theft of the property of the Management, he was dismissed from service with effect from 02.02.2007.

3. The 2nd party-workman has challenged his dismissal on a contention that the domestic enquiry was not conducted in a fair and proper manner with conformity to the principle of natural justice. The enquiry was completed in haste and disposed of in five sittings. The proceeding was conducted in English though he being illiterate person was unable to understand the language in which the proceeding was recorded. He was not given opportunity to engage a person of his choice to defend himself in the domestic enquiry. He was not allowed to put-forth his statement and evidence in the domestic enquiry. The said enquiry was conducted in a biased manner and the enquiry officer was not impartial. The statement of the witnesses in the domestic enquiry were recorded as per the instruction of the enquiry officer and signatures of the witnesses are taken in formality. He was not given opportunity to cross examine the witnesses. The materials produced before the enquiry officer were inadequate to suggest that any theft of the management's property was committed by him. It is the claim of the 2nd party-workman that on the alleged date and time of the incident his dumper was intercepted by five/six unknown culprits and while the culprits were forcibly collecting diesel from his dumper in jerkins after putting him under threat, the patrolling team arrived at the spot. Seeing the patrolling team the unknown culprits ran away from the spot. But, he was intentionally charge-sheeted with allegation of committing theft of diesel from the dumper. Without appreciating the actual facts and circumstances of the incident, he was unnecessarily held guilty of misconduct and the punishment of dismissal was disproportionate to the gravity of the charges levelled against him. The findings of the enquiry officer and the disciplinary authority suffers from non-application of mind to the facts and circumstances evolved in the domestic enquiry and therefore, the punishment of dismissal from service is not sustainable in the eye of law and the said punishment is also shockingly disproportionate to the gravity of misconduct allegedly committed by him. The workman has claimed for his reinstatement, back wages and other service benefits.

4. In its written statement the Management has refuted all the above allegations of the workman and taken a stand that when the 2nd party-workman was cut red-handed by the security staff while stealing diesel in jerkins from the dumper allotted to him by using a PVC pipe, he was issued with charge-sheet with specific allegations and a due domestic enquiry was conducted with conformity to the principles of natural justice and provisions of Standing Order. The delinquent workman was furnished with all necessary papers and afforded due opportunities to defend himself in the domestic enquiry. He refused to engage any co-worker to defend himself and he participated in the domestic enquiry and put questions to the departmental witnesses. As the enquiry officer found the charges to have been established against him, he submitted a report to the disciplinary authority holding the 2nd party-workman guilty of committing serious misconduct. It is the claim of the Management that the workman being found guilty of committing a serious misconduct he was dismissed from service after observance of all formalities. The dispute raised by the workman has no merit and as such the same shall be dismissed out-rightly.

5. On the aforesaid pleadings of the parties the following issues have been settled for just and proper adjudication of the dispute.

I S S U E S

1. Whether the action of the Management of M/s. MCL in imposing penalty of dismissal from service with effect from 02.02.2007 on Shri P.N. Parida is legal and justified?

2. To what relief is the claimant entitled?

6. It is pertinent to mention here that neither the Management nor the disputant workman insisted to decide the fairness of the departmental enquiry as a preliminary issue and rather both the parties consented simultaneous disposal of all issues and led evidence accordingly. The 2nd party-workman has examined himself and filed document like copy of the charge-sheet given to him in support of his stand. On the other hand six witnesses including the enquiry officer have been examined on behalf of the Management and filed documents like copy of charge-sheet with suspension, copy of office order dated 24.6.2006, copy of the enquiry proceeding file and copy of the letter dated 2.2.2007 to refute the allegations of the disputant workman.

7. Law is well settled that a departmental enquiry cannot be said to have been properly conducted unless (i) the workman proceeded against has been informed clearly of the charges levelled against him and the materials likely to be produced against him in the departmental enquiry (ii) the witness are examined ordinarily in his presence in respect of the charges, (iii) he is given a fair opportunity to cross examine the departmental witnesses, (iv) he is given a fair opportunity to examine witnesses including himself in his defence if he so wishes, and the enquiry officer records his[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8909 findings with reasons for the same in his report. For the above purpose the enquiry is required to be conducted in a language understandable by the workman. Coming to the case at hand no serious dispute seems to have been raised by the disputant workman that he was not either furnished with any material documents or list of witnesses likely to be examined by the Management/Department or he was prejudiced for non-supply of such vital materials prior to commencement of the domestic enquiry. It seems that he has given a bald statement before this Tribunal that he was denied with opportunities of engaging a person to defend himself and he was not allowed to cross examine the witnesses. On the other hand the copy of the enquiry proceeding file (Ext.-7) exhibited on behalf of the disputant workman clearly indicates that on the commencement of the domestic enquiry on 28.7.2006 the enquiring officer categorically asked the disputant workman if he needed any co-worker to assist him and he (the workman) declined such assistance. It is emerging from the evidence of the parties as well as the departmental proceeding file that the disputant workman participated in the domestic enquiry. Ext.-7 further reveals that statement of the departmental witnesses and their cross examination by the workman were recorded in question and answer format. That apart, the witnesses examined before this Tribunal by the Management have admitted to have recorded their statements before the enquiry officer. The enquiry officer, who has been examined as Management Witness No. 6, has categorically stated that he afforded opportunities to the workman to engage a co-worker to defend him in the domestic enquiry. Nothing has been elicited from his cross examination to disbelieve his above version. None of the papers relied upon by the workman leads to any inference that he was either denied opportunities to cross examine the departmental witnesses or he was denied to engage a co-worker to defend himself in the domestic enquiry.

8. Though the workman has categorically pleaded and stated that the domestic enquiry was conducted in English language to which he was not acquainted with, it is emerging from the cross examination of M.W.-1 and evidence of M.W.-6 that the departmental proceeding was conducted in Oriya whereas the proceeding was recorded in English. Careful scrutiny of the departmental proceeding file does not reveal that in any point of time in the domestic enquiry the workman had ever raised allegation that he was prejudiced due to recording of the proceeding in English. Hence, such plea of prejudice due to proceeding being recorded in English appears to be after thought. The other contention of the disputant workman is that the Management did not lodge any FIR even though allegation was raised for theft of diesel from the dumper and as such the charge levelled against him was not established. It is well settled that charges in a departmental enquiry need not be established beyond reasonable doubt and proof of misconduct is sufficient. All materials which are logically probative for a prudent mind are permissible even there is no allergy to hearsay evidence provided it has reasonable nexus and credibility. Finding in a departmental proceeding is usually based on pre- ponderance of probability. Confession of the delinquent made in presence of the witnesses and to the higher officers who also appeared as witness in the domestic enquiry can be taken into reliance. Complaint against the delinquent employee, if not frivolous and if sustainable by circumstantial evidence can be relied on. Keeping the above principles in view if the materials produced before the enquiring officer as well as the evidence recorded by the Management witnesses in this Tribunal are taken into consideration altogether no prudent man can say that the findings of the enquiring officer in the domestic enquiry was either perverse or the same was not based on the materials led before him. There is also nothing serious elicited in the cross examination of the enquiry officer (M.W.-6) to suggest that he acted in a biased manner in the domestic enquiry or there was violation of the principles of natural justice on his part. It cannot be said from the materials produced before him that his findings was not based upon any evidence or the same was perverse. As per the settled principle the Industrial Tribunal cannot sit as an appellate forum to analyze the findings of the domestic enquiry. It is only to see whether there was a primafacie case for dismissal and whether the employer had come to the bonafide conclusion that the employee was guilty of misconduct and there was no unfair labour practice and victimization. Neither the evidence of the disputant workman nor the facts elicited from the cross examination of the departmental witnesses i.e. M.W.-1 to M.W.-6 have established that the departmental enquiry was not conducted in proper and fair manner and there was violation of principle of natural justice or any provisions of the Certified Standing Order of the Management or the delinquent was victim of unfair labour practice and he was dismissed from service on victimization.

9. Coming to the contention raised by the disputant workman that enquiry officer has failed to appreciate his statement made during the enquiry in proper perspective in as much as he (enquiry officer) failed to assign any reason while discarding the plea of the disputant workman that theft of diesel was committed by unknown culprits under threat it can be simply said that the enquiry officer is to give his findings on the basis of pre-ponderance of probabilities and he is not required to scan the evidence/materials produced before him like a criminal court. It is well settled that the purpose of domestic enquiry is to find out whether the misconduct alleged against the delinquent workman has in-fact been committed by him before a disciplinary punishment could be inflicted upon him. In departmental proceeding the standard of proof for the charge is mere pre-ponderence of probabilities. Such being the position of law the materials led before the enquiring officer appears to be adequate for a reasonable and prudent person to arrive a conclusion that delinquent workman was apprehended by the patrolling party of the Management while stealing diesel from the dumper allotted to him. In the above back-drop the statement and defence advanced by the workman that he was intercepted by8910 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)] some unknown culprits and threatened to part diesel from the vehicle cannot be accepted. For the reasons mentioned above it cannot be said that the enquiry was not conducted in a fair and proper manner.

10. Now coming to the issue of what relief the workman is entitled to the workman has strenuously argued that there was no past adverse record to his credit and the alleged misconduct being related to alleged attempt on the part of the workman to dispose of a few litres of diesel from the dumper, the punishment of dismissal is shockingly and highly disproportionate to the misconduct allegedly committed by the workman. Law is well settled that an industrial adjudicator has not only the jurisdiction to set aside the order of discharge or dismissal of a workman and direct his reinstatement but it also has the discretion to mould that relief including the award of lesser punishment in lieu of discharge or dismissal as may be warranted by the circumstances of the case. It has been held by the Hon'ble Apex Court in a catena of decisions that the Industrial Tribunal exercising powers under Section 11-A of the Act after finding the misconduct to have been proved is first obliged to advert itself to the question of necessity or desirability to interfere with the punishment imposed by the Management and if the Management could not justify the punishment imposed thereafter it must consider the question as to the relief that is to be granted to the workman. In so considering the relief to be granted, the Tribunal to consider whether the punishment imposed is disproportionate or shockingly severe to the charges held prove and if so, whether a reinstatement has to be ordered or whether any other lesser punishment has to be imposed. A specific finding must be recorded whether it was expedient and proper to reinstate the employee or whether award of compensation in lieu of reinstatement will meet the requirements and ends of justice of the case concerned. In the case at hand indisputedly there is nothing on the record to suggest or to hold that the workman was having any adverse record to his credit or he was warned for his such past conduct. As jerkins filled with diesel were apprehended and in absence of any materials either before the enquiry officer or in this Tribunal it is difficult to say that any loss was caused to the Management by making an attempt to commit theft of diesel from the dumper. The pleadings and evidence of the parties as well as the departmental proceeding file do not specifically indicate that any show-cause was issued to the delinquent workman or he was given any opportunity to submit his say before infliction of major punishment of dismissal. Keeping in view the above facts and circumstances it appears to me that punishment of dismissal at the first instance of serious misconduct on the part of the workman appears to be highly and shockingly disproportionate to the gravity of charges established against him. At the same time it cannot be over- sighted his dismissal related to the year 2006 and in the meanwhile he has crossed the age of superannuation. Therefore, the direction of his reinstatement with infliction of any lesser punishment would not suffice in the instant case.

11. However, taking into consideration the totality of the above situations it can be safely said that the punishment of dismissal of the workman was not justified and as such the same should be treated as illegal and the workman should be paid an amount of Rs. 1,00,000/- (rupees one lakh) as a compensation in lieu of his reinstatement or infliction of any lesser punishment. The compensation should be paid within three months from the date of notification of the award failing which the workman is entitled to an interest of 6.5% on the said compensation amount from the date of the said gazette notification.

12. Reference is answered accordingly.

Dictated & Corrected by me.

B. C. RATH, Presiding Officer

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2662.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार पूफड

कारपोरेशन ऑपफ इंडिया एवं उनके कर्मचारी के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के बीच, अनुबंध में निदष्ट औद्योगिक

विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, अहमदाबाद के पंचाट ;संदर्भ संख्या 63/2007द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 08.11.2017 को प्राप्त हुआ था।

[सं. एल-22012/203/2006-आईआर ;सीएम-IIद्ध]

राजेन्द्र सिंह, अनुभाग अध्किारी

New Delhi, the 15th November, 2017

S.O. 2662.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the Award (I.D. No. 63/2007) of the Central Government Industrial Tribunal-cum- Labour Court, Ahmedabad as shown in Annexure, in the industrial dispute between the employers in relation to the Food Corporation of India and their workman, received by the Central Government on 08.11.2017.

[No. L-22012/203/2006-IR (CM-II)]

RAJENDER SINGH, Section Officer[भाग II—खण्ड 3(ii)] भारत का राजपत्रा : नवम्बर 18, 2017/कातक 27, 1939 8911

ANNEXURE

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

AHMEDABAD

Present :

Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court, Ahmedabad, Dated 10th October, 2017

Reference: (CGITA) No. 63/2007

1. The Zonal Manager,

Food Corporation of India, Zonal Office, DWD Road, Mumbai

2. The Regional Manager,

Food Corporation of India, Regional Office, Near Himali Tower, Shaymal Manek Baugh Road, Satellite, Ahmedabad (Gujarat) …First Party

V/s

Shri Jayesh C. Bharwad, S/o Late Shri C.M. Bharwad, 10, Shrigita Society, Asarwa, Chamanpura, Ahmedabad (Gujarat)

…Second Party

For the First Party : Shri V.F. Momin

For the Second Party : None

AWARD

The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-22012/203/ 2006-IR(CM-II) dated 05.07.2007 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:

SCHEDULE

"Whether the action of the management of FCI in not providing employment to the dependent of Shri Jayesh C. Bharwad under compassionate scheme is legal and justified? If not, to what relief is the dependant of the deceased entitled?"

1. The reference dates back to 05.07.2007. Despite service of notice on both the parties, neither of the parties submitted their reply to the reference despite put in their vakalatpatra of their advocates before the Industrial Tribunal. Despite non-appearance and after receiving the record by way of transfer order by the Central Government dated 01.01.2010, fresh notice was issued to both the parties on 13.01.2001 to appear on 29.06.2011. In response to the notice, both the parties put in their appearance Ex. 11 and 12 and vakalatpatra Ex. 13. But both the parties did not prefer to submit the statement of claim or written statement as the case may be. 2. Thus it appears that the both the parties are not willing to prosecute the case. 3. Therefore, the reference in the absence of the parties, is disposed of with the observation as under: "the action of the management of FCI in not providing employment to the dependent of Shri Jayesh C. Bharwad under compassionate scheme is legal and justified."

P. K. CHATURVEDI, Presiding Officer

नई दिल्ली, 15 नवम्बर, 2017

का.आ. 2663.—औद्योगिक विवाद अध्निियम, 1947 ;1947 का 14द्ध की धारा 17 के अनुसरण में केन्द्रीय सरकार डिवीजनल

इंजिनियर ;एएचक्यूद्ध केंद्रीय, लखनऊ, प्रसिपल, जवाहर नवोदय विद्यालय, झांसी के प्रबंधतंत्रा के संब( नियोजकोंंंंंं और उनके कर्मकारों के

बीच, अनुबंध में निदष्ट औद्योगिक विवाद में केन्द्रीय सरकार औद्योगिक अधिकरण एवं श्रम न्यायालय, लखनऊ के पंचाट ;संदर्भ संख्या 25/2003द्ध को प्रकाशित करती है, जो केन्द्रीय सरकार को 07.02.2017 को प्राप्त हुआ था।

[सं. एल-40012/169/2002-आईआर ;डीयूद्ध]

बी. एल. मीणा, उप सचिव8912 THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939 [PART II—SEC. 3(ii)]

New Delhi, the 15th November, 2017

S.O. 2663.—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. 25/2003) of the Central Government Industrial Tribunal-cum- Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the employers in relation to the Divisional Engineer (AHQ) Central, Lunknow and their workman, which was received by the Central Government on 15.11.2017.

[No. L-40012/169/2002-IR (DU)]

B. L. MEENA, Dy. Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW

PRESENT : RAKESH KUMAR, Presiding Officer

I.D. No. 25/2003

Ref.No. L-40012/169/2002 IR(DU) dated 05.02.2003

BETWEEN :

Sri Manjeet Singh S/o Sardar Mohan Singh R/o LD 227 Sector F, LDA Colony, Kanpur Road Lucknow

AND

1. The Divisional Engineer (AHQ),Central,

C/o Director (OFC), CE, Gomti Nagar Telephone Exchange, 2nd Floor Lucknow

AWARD

1. By order No. L-40012/57/2009-IR(CM-II) dated 05.02.2003 the Central Government in the Ministry of Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute between the Sri Manjit Singh S/o Sri Mohan Singh, LDA Colony, Kanpur Road, Lucknow and the Divisional Engineer (AHQ),Central, Gomti Nagar Telephone Exchange, 2nd Floor, Lucknow for adjudication.

2. The reference under adjudication is:

"WHETHER THE ACTION OF THE BHARAT SANCHAR NIGAM LTD. IN ORALLY

TERMINATING THE SERVICES OF SH. MANJEET SINGH S/O SARDAR MOHAN SINGH

W.E.F. 01.09.2001 IS LEGAL AND JUSTIFIED?" IF NOT TO WHAT RELIEF THE WORKMAN

IS ENTITLED ?"

3. As per claim statement W-12, the petitioner has stated in brief that he has worked as Driver on the permanent post under the subordination of opposite party since 10.12.1998 to August 2001, he was asked to drive Matador No. UP 32T 9782 and sometimes six wheel Truck UP 32 T 3567. The workman has further asserted that during his employment no charge sheet was issued, his carrier has been blotless, even then Sri H.L. Maurya, JTO(Store) Lucknow by an oral order removed him from the service without assigning any reason, next day and on subsequent dates he went to the office to perform his duties but his request was not accepted and he was not reinstated. No prior notice was issued, neither any salary in lieu of notice or retrenchment compensation was paid. Moreover another workman was employed in his place.

4. The petitioner has further alleged that from 10.12.1998 to Jan.2000 he was paid @ Rs.96/ per day, and was required to sign on the receipt, similarly from Feb., 2000 to May, 2000 he was paid @ Rs.600/- per month, from June, 2000 to August, 2001 @ Rs.800/- per month, and when he raised objection, he was asked to accept whatever is being paid and the remaining salary will be paid @ Rs.96/- per day but when the petitioner raised demand again and again his services were terminated on 01.09.2001 and the remaining salary of Rs.41,088/- was not paid till date. The workman had asserted that he moved under Section 33C(2) before the U.P. Labour Court on 09.05.2002, case has been registered as Misc. 70/2002 and is still pending. Conciliation proceeding before the RLC have failed, the matter has been referred to Ministry, Ministry sent the matter to this Tribunal.

5. The petitioner has submitted details of the log book and duty performed by him w.e.f. 10.12.1998 to 31.08.2001, having worked for more than 240 days. Details have been given in several sub paras of Para 9 of the claim statement.

6. The workman has asserted that he had worked for more than 240 days in the period in question and the opposite party has intentionally not followed the I.D. Act., Provisions, unfair labour practice has been adopted and his legal right has been infringed. With the aforesaid pleadings request has been made by the petitioner to declare the impugned order as illegal and to reinstate him with continuity in service.

7. The management has filed written statement M-18 wherein allegations leveled in the claim statement have been denied. Opposite party has asserted that the said OFC Division is not permanent establishment of the BSNL, it was created for the completion of certain projects, applicant was neither appointed nor engaged in on temporary or permanent status, no appointment letter was ever issued by the competent authority in favour of the workman. Telecom Policy 1999 and consequential developments have been mentioned in the written statement. The opposite party has asserted that there is no sanctioned post of Driver in OFC Division and the applicant was never appointed, nor engaged by any competent authority either on regular or temporary basis. Misleading and misconceived facts have been given by the workman in the claim statement.

8. The opposite party has stressed that Sri H.L. Maurya, JTO was neither appointing authority, nor he was competent to terminate the regular employee, he could not accord any temporary or permanent sanction to keep the casual labour. Pendency of case Under Section 33C(2) of I.D. Act has been admitted by the opposite party. The management has submitted that if the applicant was appointed or engaged by some contractor then any competent authority does not have any liability to regularize his service particularly when there was no regular sanction post of the Driver in the project. Hon'ble Supreme Court and Hon'ble High Court judgments have been referred without any specific citation by the opposite party. The management has requested to dismiss the petition with cost in favour of the management.

9. With strong denial of the main facts raised by the opposite party in its written statement, rejoinder W-18 has been filed by the workman, reiterating the pleas taken the claim statement.

10. The management has further filed additional written statement M-21 and has mentioned therein citation of 2003 (1) LBESR, 415, Hon'ble Supreme Court submitting thereby that the proof of working days is on employee in the event of any denial of said factum. The management has further mentioned that UP 32T 9782 has been idle since long and no other vehicle was ever engaged/provided against the condemned vehicle UP 32T 9782. The workman further rebutted additional written statement with its supplementary W-23. The application C-25 for summoning the documents was moved by the workman. This application was disposed by the then Hon'ble Presiding Officer vide order dated 25.05.2005.

11. The workman submitted his evidence through affidavit. He was thoroughly cross examined on behalf of the management. The workman further adduced his witnesses, Sri Sarvajeet Upadhya, Sri Bhubneshwar Tewari, Sardar Saran Jit Singh in evidence.

12. The management filed affidavit of Sri H.L. Rai, and Sri Tribhuan Dutt in its evidence. Sri Tribhuan Datt was cross examined on behalf of the workman. Subsequently on the application of management, its witness Sri H.L. Rai was permitted in the court for his cross examination on behalf of the workman. On 6.9.1013 further cross examination of Sri H.L. Rai was deferred but could not be concluded.

13. Arguments of both the parties have been heard at length, Record available before the court has been scanned thoroughly.

14. Several adjournments were earlier sought by opposite party for filing original documents. On 24.09.2015 Learned AR for the opposite party submitted that original documents were not traceable, moreover none appeared on behalf of the management to verify the documents filed by the workman. In such circumstances the case was fixed for argument. Again on certain dates, none appeared but later on workman and his Learned AR made their appearance on every day before this court but the management official or its learned AR failed to appear before the court.

15. It has been submitted on behalf of the workman that he had joined on 10.12.1998 to work as Driver and had continuously performed his duties till 31.08.2001, and had worked for more than 240 days therefore legal requirement has been fulfilled even then the management has violated the statutory provisions of the I.D. Act., his services were illegally terminated. Details regarding bill number, payment of cheque etc. have furnished by the petitioner in para 9 (v) of the claim statement and further the details regarding endorsement on the gate pass with reference to the period mentioned have been elaborated in 9(vi) of the claim statement. Proof regarding work done by the petitioner has again been given in the paras 9(vii) and (viii) and other paras of the claim statement. The management has denied the allegations leveled in the claim statement and specifically asserted that the petitioner was never appointed or engaged by the competent authority either on regular or permanent basis, no appointment letter was issued. It has also been asserted by the management that there is no post of Driver in OFC. As per application C-25 dated 06.10.2004 request has been made by the workman to summon 293 documents mentioned therein, from the office of the management. The petitioner has himself supported pleas taken in the claim statement and rejoinder, he has been thoroughly cross examined on behalf of the management as well as certain questions were put up by the then Hon'ble Judge/PO.

16. Mr.Sarvajeet Upadhaya was adduced in evidence by the petitioner. He has stated on oath that petitioner was Driver under the BSNL and quite often visited the Petrol Pump to take petrol and lubricants etc. on credit memos. Vehicle numbers have also been given by the witness. Sri S.B.Tewari and Sardar Saran Jeet Singh have also been adduced in the evidence by the petitioner.

17. In cross examination witness Sri Sarvajeet Upadhaya asserted that he has worked in Avadh Petrol Pump Filling Station. Sri S.B. Tewari witness claiming himself as delivery man on the petrol punp has also been cross examined on behalf of the management. Another witness Sardar Saran Jit Singh has also been cross examined by the management.

18. The management has filed affidavit of Sri H.L.Rai and Sri Tribhuan Dutt. Several documents confronted by the AR of the workman in the cross examination, have been admitted in para 7 by the Sri T.Dutt, while on some other papers he has admitted his initials. Documents pertaining to gate pass etc. have been admitted. This witness in para 14 has asserted that he is unable to specify whether the alleged vehicle belongs to BSNL or not.

19. Sri H.L. Rai, DE has also been cross examined on behalf of the workman. Whether any requisition slips for purchasing Diesel or Petrol in the said vehicle have been issued by him or not, Sri H.L. Rai replied that he did not remember rather asserted that such slips might have been issued with the directions of the superior authorities. He has also been asked to disclose the name of the Driver of the vehicle but he could not reply. Photo copies of the log book have neither been accepted nor denied by the management witness.

20. It may be quite pertinent to mention here that in the application M-83 dated 24.04.2015 request has been made by the learned AR for the management to grant time so as to verify the authenticity of the disputed documents with some competent authority. Sufficient time was granted but no such verification was made by any official of the management, neither any written request was submitted by the management. Another application was also moved by the management on 30.07.2015, which was allowed. More than 11 dates were given but the management could not verify the correctness of the documents referred by the workman.

21. Learned AR for the workman has argued that from Dec.1999 to Nov.2000 and from June 2000 to Dec.2000 he had worked for 280 days and 270 days, respectively, as per log book. Duties performed by the workman have been corroborated by the witness adduced before this Court. No doubt, the management has also produced its witness before this court but their evidence is cryptic, vague and evasive. Although learned AR for the opposite party has taken sincere pains but the concerned officers of the management have miserably failed to discharge their duties. They could not muster courage to specifically deny the truthfulness or authenticity of the documents, relied upon by the petitioner. It is also an important fact to mention that none has appeared in the court to submit arguments on behalf of the management, although affidavits in evidence have been filed earlier and witness have been cross examined also.

22. With regard to the matter in issue, in the present case, principle propounded by Hon'ble Supreme Court in the following Rulings are quite pertinent.

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

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

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

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

23. After having heard learned AR for the workman, scrutiny of the evidence adduced by both the parties in the light of the documents submitted before this Court, it is inferred that the alleged oral termination order of the workman Sri Manjit Singh w.e.f. 01.09.2001 can not be adjudicated as legal and justified. The petitioner workman is entitled for reinstatement w.e.f. 01.09.2001 alongwith 50% of the back wages. The management is directed to ensure payment of the dues to the petitioner within 10 weeks from the date of publication of award failing which interest @ 6% per annum shall also be paid to the petitioner by the management.

24. Award as above.

LUCKNOW 16.05.2017

RAKESH KUMAR, Presiding Officer

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