6551 GI/2017

(8785)

jftLVªh la- Mh- ,y- (,u) 04@0007@2003µ05

REGD. No. D. L. (N) 04/0007/2003—05

izkf/dkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lkIrkfgd

WEEKLY

la- 46]

ubZ fnYyh] uoEcj 12—uoEcj 18] 2017] 'kfuokj@dkfrZd 21—dk£rd 27] 1939

No. 46]

NEW DELHI, NOVEMBER 12—NOVEMBER 18, 2017, SATURDAY/KARTIKA 21—KARTIKA 27, 1939

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g i`Fkd ladyu ds :i esa j[kk tk lds

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

Hkkx II—[k.M 3—mi&[k.M (ii)

PART II—Section 3—Sub-section (ii)

Hkkjr ljdkj ds ea=kky;ksa (j{kk ea=kky; dks NksM+dj) }kjk tkjh fd, x, lkafof/d vkns'k vkSj vf/lwpuk,a

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

(Other than the Ministry of Defence)

िव मंालय

िव मंालय

िव मंालय

िव मंालय

(िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग

िवीय सेवाएं िवभाग)

नई दली, 10 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2617

2617

2617

2617.—भारतीय िनयात-आयात बक अिधिनयम, 1981 (1981 का 28) क धारा 6 क उप-धारा (1) के खंड (ड.)

के उप-खंड (i) ारा द शि"य# का योग करते 'ए, के)*ीय सरकार, एत,ारा, -ी अमर िस)हा के /थान पर िवदेश मं2ालय म3 सिचव

(ईआर) -ी िवजय केशव गोखले (आईएफएस: 1981) को अगले आदेश# तक भारतीय िनयात-आयात बक (एि=जम बक) के िनदेशक

म>डल म3 िनदेशक के @प म3 नािमत करती है।

[फा.सं. 9/16/2012-आईएफ-I]

सौ यिजत 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.

8786

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

fons'k ea=kky;

(lh-ih-oh- izHkkx)

ubZ fnYyh] 6 uoEcj] 2017

dk-vk- 2618-—jktuf;d vkSj dksalqyh; vf/dkjh ('kiFk ,oa iQhl) ds vf/fu;e] 1948 (1948 dk 41) dh /kjk 2 ds

[akM (d) ds vuqlj.k esa oSèkkfud vkns'k A

,rn~}kjk] dsaæ ljdkj Hkkjr ds nwrkokl] fj;kn esa Jh eksgEen vyh tkSgj] lgk;d vuqHkkx vf/dkjh] Jh jktho jatu]

lgk;d vuqHkkx vf/dkjh vkSj Jh v#.k izdk'k 'kekZ] lgk;d vuqHkkx vf/dkjh dks fnukad 6 uoEcj] 2017 ls lgk;d dksalqyj

vf/dkjh ds rkSj ij dksalqyj lsokvksa ds fuoZgu ds fy, izkfèkd`r djrh gS A

¹la- Vh&4330@01@2016º

izdk'k pUn] funs'kd (dksalqyj)

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 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.

Sr.No. Name

Designation

1.

Shri Rajeev Ranjan

Assistant Section Officer

2.

Shri Arun Prakash

Assistant Section Officer

3.

Shri Mohammed Ali Jouher

Assistant Section Officer

[No. T-4330/01/2016]

PRAKASH CHAND, Director (Consular)

fo|qr ea=kky;

ubZ fnYyh] 13 uoEcj] 2017

dk-vk- 2619-—dsaæh; ljdkj] jktHkk"kk (la?k ds 'kkldh; iz;kstuksa ds fy, iz;ksx) fu;e] 1976 ds fu;e 10 ds mifu;e (4)

ds vuqlj.k esa] fo|qr ea=kky; ds iz'kklfud fu;a=k.kk/hu ikoj fxzM dkjiksjs'ku vkWiQ bafM;k fyfeVsM ds 400@132 ds-oh- midsaæ ck¡dk] xzke o

iksLV vkWfiQl & [kM+gjk] Fkkuk & ckjkgkV] Hkkxyiqj & galMhgk jkT; mPp iFk&19] ftyk & ck¡dk&813103 ftlds 80 izfr'kr deZpkjhoa`n us

¯gnh dk dk;Zlk/d Kku izkIr dj fy;k gS] dks ,rn~}kjk vfèklwfpr djrh gS A

¹la- 11011@9@2017&¯gnhº

Hkkjrh] la;qDr lfpo

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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8787

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 %

Øe

la[;k

xzke

dk

uke

iVokjh

gYdk

la[;k

rglhy dk

uke

ftyk dk

uke

{ks= gsDVj esa

fVIif.k;ka

1-

fpfjfejh

07

[kM+xaok

dksfj;k

140.358

Hkkx

2-

HkaMkjnsbZ

07

[kM+xaok

dksfj;k

14.379

Hkkx

3-

HkqdHkqdh

07

[kM+xaok

dksfj;k

5.621

Hkkx

dqy% 160.358 gsDVj ¼yxHkx½ ;k 396.24 ,dM+ ¼yxHkx½

¼[k½ ou Hkwfe %

Øe

la[;k

ou dk izdkj

dEikVZesaV la[;k

Js.kh

izHkkx

{ks= gsDVj esa

fVIif.k;ka

1-

vkjf{kr ou

549] 550

fpfjfejh

dksfj;k

107.000

Hkkx

dqy % 107.000 gsDVj ¼yxHkx½ ;k 264.40 ,dM+ ¼yxHkx½

dqy ;ksx ¼d$[k½% 267-358 gsDVj ¼yxHkx½ ;k 660-64 ,dM+ ¼yxHkx½

8788

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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).

8790

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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:

Sl.

No.

Name of

village

Patwari

Halka

number

Tahsil

District

Area in

hectares

Remarks

1.

Chirimiri

07

Khadgawan

Korea

140.358

Part

2.

Bhandardei

07

Khadgawan

Korea

14.379

Part

3.

Bhukbhuki

07

Khadgawan

Korea

5.621

Part

Total:-160.358 hectares (approximately) or 396.24 acres (approximately)

B. Forest Land:

Sl.

No.

Type of

Forest

Compartment

No.

Range

Division

Area in

hectares

Remarks

1.

Reserve

Forest

549, 550

Chirimiri

Korea

107.000

Part

Total:-107.000 hectares (approximately) or 264.40 acres (approximately)

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’.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8791

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’.

8792

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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 दली, 10 नव बर, 2017

का

का

का

का.आ.

आ.

आ.

आ. 2621

2621

2621

2621.—के) *ीय सरकार के कोयला धारक Fे2 (अजन और िवकास) अिधिनयम,1957 (1957 का 20) (िजसे इसके

पHात् उ" अिधिनयम कहा गया है) क धारा 7 क उप-धारा (1) के अधीन जारी भारत के राजप2, भाग II, खंड 3, उप-खंड ( ii),

तारीख 4 जुलाई, 2017 म3 कािशत, भारत सरकार के कोयला मं2ालय क अिधसूचना संMयांक का.आ. 2097(अ), तारीख 03 जुलाई,

2017 ारा कािशत, उस अिधसूचना म3 संलO अनुसूची म3 िविनQदR 7.45 हे=टेयर (लगभग) अथवा 18.41 एकड़ (लगभग) पWरFे2

क भूिम म3 या उस पर के सभी अिधकार का अजन के अपने आशय क सूचना दी थी;

और सFम ािधकारी ने उ" अिधिनयम क धारा 8 के अनुसरण म3 के) *ीय सरकार को अपनी Wरपोट दे दी है;

और के) *ीय सरकार का, उपयु" Wरपोट पर िवचार करने के पHात् और झारखंड सरकार से परामश करने के पHात यह

समाधान हो गया है क इससे संलO अनुसूची म3 यथा िविनQदR 7.45 हे=टेयर (लगभग) अथवा 18.41 एकड़ (लगभग), माप वाली भूिम

के सभी अिधकार का अजन कया जाना चािहए।

अतः, अब, के) *ीय सरकार उ" अिधिनयम क धारा 9 क उप-धारा (1) ारा द शि"य# का योग करते 'ए घोषणा

करती है क इससे संलO अनुसूची म3 िविनQदR 7.45 हे=टेयर (लगभग) अथवा 18.41 एकड़ (लगभग), माप वाली भूिम म3 या उस पर के

सभी अिधकार अ[जत कए जाते ह।

इस अिधसूचना के अधीन आने वाले Fे2 के रेखांक संMयांक आरईवी/10/2017, तारीख 06 अ= तूबर, 2017 का िनरीFण

उपायु", िजला बोकारो, झारख>ड के कायालय म3 या कोयला िनयं2क,1, काउंिसल हाउस /]ीट, कोलकाता- 700001 के कायालय म3

या महाबंधक, ढोरी Fे2, िजला बोकारो (झारखंड) या महाबंधक, भूिम और राज/व, स3]ल कोलफ_स िलिमटेड, दरभंगा हाउस,

राँची- 834001 (झारखंड) या मुMय महाबंधक (खोज भाग), स3]ल माइन a लाbनग ए> ड िडजाइन इ) / टीc यूट िलिमटेड, ग#डवाना

पैलेस, कांके रोड, राँची- 834008 (झारखंड) के कायालय म3 कया जा सकता है।

अनुसूची

अनुसूची

अनुसूची

अनुसूची

सेले=टेड ढोरी खुली खदान खान

िजला बोकारो (झारखंड)

( Fे2 क रेखांक संMयांक आरईवी/10/2017, तारीख 6 अ= तूबर, 2017 )

सभी अिधकार:

d.

सं.

eाम

थाना

थाना

संM या

िजला

Fे2फल

(एकड़ म3)

Fे2फल

(हे=टेयर म3)

Wटaपिणयां

1.

तुWरयो

च)*पुरा

78

बोकारो

18.41

7.45

भाग

कुल :

18.41 एकड़

(लगभग)

7.45 हे=टेयर

(लगभग)

ाम तुरयो म अ जत क गई भूिम क लॉट सं या

ाम तुरयो म अ जत क गई भूिम क लॉट सं या

ाम तुरयो म अ जत क गई भूिम क लॉट सं या

ाम तुरयो म अ जत क गई भूिम क लॉट सं या : 01(भाग).

: 01(भाग).

: 01(भाग).

: 01(भाग).

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8793

सीमा वण न:

सीमा वण न:

सीमा वण न:

सीमा वण न:

क-ख-ग-घ-ङ-च-छ

-

रेखा, aलॉट संMया 01 के भीतर िब) दु ‘क’ से ारंभ होकर aलाट संMया 01 के भीतर

िब) दु ‘ख’, ‘ग’, ‘घ’, ‘ङ’ और ‘च’ से होते 'ए िब) दु ‘छ’ पर िमलती है ।

छ-ज-झ-ञ-ट-ठ

-

रेखा, िब) दु ‘छ’ से ‘ठ’ तक aलॉट संMयांक 308, 298, 294, 293, 285, 284 और

283 क सीमा रेखा से होते 'ए िब) दु ‘ठ’ पर िमलती है ।

ठ-ड-ढ-ण-त-थ-द-ध-न-प-फ-ब-क

-

रेखा, िब) दु ‘ठ’ से ‘ब’ तक aलॉट संMयांक 273, 25, 23, 21, 20, 19, 18, 17, 16,

15, 11, 10 और 9 क सीमा रेखा से होते 'ए aलॉट संMया 01 के भीतर ारि भक

िब) दु ‘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 :

Sl.

No.

Village

Thana

Thana

number

District

Area

(in acres)

Area

(in hectares)

Remarks

1.

Turio

Chandrapura

18

Bokaro

18.41

7.45

Part

Total:

18.41 acres

(approximately)

7.45 hectares

(approximately)

8794

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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%

Øe

la-

xzke dk uke

xzke

la[;k

iVokjh

lfdZy@gYdk

la[;k

rglhy

ftyk

{ks=

¼gsDVs;j esa½

fVIif.k;ka

1-

rkjk

29

17

izseuxj

lqjtiqj

94.490

Hkkx

2-

tuknZuiqj

30

11

izseuxj

67.666

Hkkx

dqy

162.156

3-

Qrsgiqj

66

17

mn;iqj

Lkjxqtk

196.555

Hkkx

4-

?kkVcjkZ

67

17

mn;iqj

8.985

Hkkx

5-

gfjgjiqj

65

16

mn;iqj

147.828

Hkkx

6-

lkYgh

64

16

mn;iqj

180.919

Hkkx

dqy

534.287

dqy tksM+

696.443

dqy jktLo Hkwfe % 696-443 gsDVs;j ¼yxHkx½ ;k 1720-91 ,dM+ ¼yxHkx½

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

Øe

la-

Oku Hkwfe dk

izdkj

ou lfdZy

ou

eaMy

vkSj

ftyk

ifj{ks= @ rglhy

daikVZesaV

la[;k

{ks=

¼gsDVs;j

esa½

fVIif.k;ka

1-

vkjf{kr ou Hkwfe

ljxqtk lfdZy] vafcdkiqj lqjtiqj

jkekuqtuxj@ izseuxj

1982

124.748

Hkkx

2-

vkjf{kr ou Hkwfe

jkekuqtuxj@ izseuxj

1981

12.483

Hkkx

3-

lajf{kr ou Hkwfe

jkekuqtuxj@ izseuxj

ih&1986

37.209

Hkkx

4-

lajf{kr ou Hkwfe

jkekuqtuxj@ izseuxj ih&1997

11.109

Hkkx

dqy

185.549

5-

lajf{kr ou Hkwfe

ljxqtk lfdZy] vafcdkiqj ljxqtk

mn;iqj

ih&2006

298.496

laiw.kZ

6-

lajf{kr ou Hkwfe

mn;iqj

ih&2005

50.63

Hkkx

7-

lajf{kr ou Hkwfe

mn;iqj

ih&1998

21.329

Hkkx

dqy

370.455

dqy tksM+

556.004

dqy vkjf{kr vkSj lajf{kr ou Hkwfe % 556-004 gsDVs;j ¼yxHkx½

;k 1373-88 ,dM ¼yxHkx½

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]

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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 %

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

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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.

8800

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

Parsa Coal Block

Districts Surguja and Surajpur (Chhattisgarh)

(Plan bearing number RVUN/PCB/CBA/7/1, dated the 21st July, 2017)

All Rights:

(A) Details of Revenue Land:

Sl. No.

Name of the Village

Village

number

Patwari

Circle/

Halka

number

Tahsil

District

Area in hectares

Remarks

1

Tara

29

17

Premnagar

Surajpur

94.490

Part

2

Janardanpur

30

11

Premnagar

67.666

Part

Total:

162.156

3

Fatehpur

66

17

Udaipur

Surguja

196.555

Part

4

Ghatbarra

67

17

Udaipu

8.985

Part

5

Hariharpur

65

16

Udaipur

147.828

Part

6

Salhi

64

16

Udaipur

180.919

Part

Total:

534.287

Grand Total:

696.443

(A)

Total revenue land : 696.443 hectares (approximately) or 1720.91 acres (approximately)

(B) Details of Protected and Reserved Forest Land :

Sl.

No.

Type of

Forest

Forest

Circle

Forest

Division and

District

Range/

Tahsil

Compart-

ment no.

Area in

hectares

Remarks

1

Reserved

Forest

Surguja

Circle,

Ambikapur

Surajpur

Ramanujnagar/

Premnagar

1982

124.748

Part

2

Reserved

Forest

Ramanujnagar/

Premnagar

1981

12.483

Part

3

Protected

Forest

Ramanujnagar/

Premnagar

P-1986

37.209

Part

4

Protected

Forest

Ramanujnagar/

Premnagar

P-1997

11.109

Part

Total:

185.549

5

Protected

Forest

Surguja

Circle,

Ambikapur

Surguja

Udaipur

P-2006

298.496

Full

6

Protected

Forest

Udaipur

P-2005

50.63

Part

7

Protected

Forest

Udaipur

P-1998

21.329

Part

Total:

370.455

Grand Total:

556.004

Total Protected and Reserved Forest Land : 556.004 hectares (approximately)

or 1373.88 acres(approximately)

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

or 3094.79 acres (approximately) (1720.91 + 1373.88)

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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),

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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.

अंतर# िवभाग

अंतर# िवभाग

अंतर# िवभाग

अंतर# िवभाग

ब3गलूर, 4 अ= तूबर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2623

2623

2623

2623.—संिवधान के अनुc छेद 309 के परंतुक ारा दी गई शि"य# का योग करते 'ए, राh ]पित िवभाग के अंतWरF

कमचारी (वगiकरण, िनयं2ण एवं अपील) िनयम, 1976 को पुन: संशोिधत करने हेतु िन निलिखत िनयम बनाते ह:-

1) ये िनयम अंतWरF िवभाग के कमचारी (वगiरकरण, िनयं2ण एवं अपील) संशोधन िनयम, 2017 कहलाय3गे।

2) ये सरकार के राजप2 म3 काशन क ितिथ से लागू ह#गे।

2.

अंतWरF िवभाग के कमचारी (वगiकरण, िनयं2ण एवं अपील) िनयम, 1976 म3 दी गई मौजूदा अनुसूची म3, जहां सतीश धवन

अंतWरF क3* (एस.डी.एस.सी.-शार), -ीहWरकोटा के अंतगत धान, का[मक एवं सामा) य शासन का पदनाम मौजूद है, वह “व. धान,

का[मक एवं सामा) य शासन/धान, का[मक एवं सामा) य शासन” से ित/ थािपत कया जाएगा।

[सं. ई.14015/1/2012-IV]

एस. कुमारा/ वामी, संयु= त सिचव

8804

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

नोट:

नोट:

नोट:

नोट: मुM य िनयम भारत सरकार के द. 01.04.1976 के राजप2 (असाधारण) भाग II, ख> ड-3, उपखंड -(ii) म3 दनांक 01.04.1976

क सं. एस.ओ. 270 (अ) ारा कािशत कए गए थे और तदनुसार िन नांकत ारा संशोिधत कए गए ह:-

dम सं. अिधसूचना सं.

दनांक

एस.ओ. सं.

दनांक

1

2/10(32)/76-I

10.02.1977

780

12.03.1977

2

2/10(32)/76-I

16.05.1977

2127

25.06.1977

3

2/10(27)/76-I

01.08.1977

2709

27.08.1977

4

2/7(5)/77-I

15.02.1978

585

25.02.1978

5

2/7(5)/77-I

27.05.1978

1780

17.06.1978

6

2/9(12)/74-III

16.03.1979

1178

07.04.1979

7

9/4(1)/80-III

26.05.1980

1684

21.06.1980

8

9/4(1)/80-III

05.09.1980

2586

27.09.1980

9

9/4(1)/80-III

13.10.1980

3299

29.11.1980

10

9/4(1)/80-III

13.10.1980

3300

29.11.1980

11

9/4(1)/80-III

20.12.1980

215

17.01.1981

12

2/8(1)/81-I

28.08.1981

2592

03.10.1981

13

2/8(1)/81-I

16.07.1982

3113

04.09.1982

14

2/9(1)/83-I(V)

29.07.1985

4280

14.09.1985

15

2/5(1)/85-V

02.01.1986

510

08.02.1986

16

2/9(1)/83-I(V)

02.01.1986

511

08.02.1986

17

2/5(1)/86-V

17.03.1986

1309

29.03.1986

18

2/5(2)/86-V

20.10.1986

3874

15.11.1986

19

2/5(1)/90-VI

01.01.1991

99

09.02.1991

20

2/5(2)/86-V(VI)(Vol.III)

15.11.1991

334

01.02.1992

21

2/5(1)/91-VI

23.10.1992

2891

21.11.1992

22

2/5(1)/95-V

24.03.1995

1029

15.04.1995

23

2/5(1)/91-V

12.10.1995

2856

28.10.1995

24

2/5(1)/91-V

27.03.1996

1241

20.04.1996

25

2/5(1)/95-V

23.12.1997

83

10.01.1998

26

2/5(1)/98-V

30.06.2000

1763

05.08.2000

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8805

27

2/5(1)/98-V

27.12.2000

34

13.01.2001

28

2/5(1)/98-V

24.01.2001

254

10.02.2001

29

2/5(1)/98-V

18.03.2004

804

28.03.2004

30

4/5/1/2004-V

22.06.2005

2489

16.07.2005

31

4/5/1/2004-V

31.01.2006

544

11.02.2006

32

4/5/1/2004-V

20.11.2007

3434

08.12.2007

33

4/5/1/2004-V

01.09.2008

2760

04.10.2008

34

4/5/1/2004-V

21.05.2009

1538 (ई)

23.06.2009

35

E.14015/1/2012-IV

06.03.2013

830 (ई)

26.03.2013

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:-

Sl. No.

Notification No.

Date

S.O. No.

Date

1

2/10(32)/76-I

10.02.1977

780

12.03.1977

2

2/10(32)/76-I

16.05.1977

2127

25.06.1977

3

2/10(27)/76-I

01.08.1977

2709

27.08.1977

4

2/7(5)/77-I

15.02.1978

585

25.02.1978

5

2/7(5)/77-I

27.05.1978

1780

17.06.1978

6

2/9(12)/74-III

16.03.1979

1178

07.04.1979

7

9/4(1)/80-III

26.05.1980

1684

21.06.1980

8

9/4(1)/80-III

05.09.1980

2586

27.09.1980

9

9/4(1)/80-III

13.10.1980

3299

29.11.1980

8806

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

10

9/4(1)/80-III

13.10.1980

3300

29.11.1980

11

9/4(1)/80-III

20.12.1980

215

17.01.1981

12

2/8(1)/81-I

28.08.1981

2592

03.10.1981

13

2/8(1)/81-I

16.07.1982

3113

04.09.1982

14

2/9(1)/83-I(V)

29.07.1985

4280

14.09.1985

15

2/5(1)/85-V

02.01.1986

510

08.02.1986

16

2/9(1)/83-I(V)

02.01.1986

511

08.02.1986

17

2/5(1)/86-V

17.03.1986

1309

29.03.1986

18

2/5(2)/86-V

20.10.1986

3874

15.11.1986

19

2/5(1)/90-VI

01.01.1991

99

09.02.1991

20

2/5(2)/86-V(VI)(Vol.III)

15.111991

334

01.02.1992

21

2/5(1)/91-VI

23.10.1992

2891

21.11.1992

22

2/5(1)/95-V

24.03.1995

1029

15.04.1995

23

2/5(1)/91-V

12.10.1995

2856

28.10.1995

24

2/5(1)/91-V

27.03.1996

1241

20.04.1996

25

2/5(1)/95-V

23.12.1997

83

10.01.1998

26

2/5(1)/98-V

30.06.2000

1763

05.08.2000

27

2/5(1)/98-V

27.12.2000

34

13.01.2001

28

2/5(1)/98-V

24.01.2001

254

10.02.2001

29

2/5(1)/98-V

18.03.2004

804

28.03.2004

30

4/5/1/2004-V

22.06.2005

2489

16.07.2005

31

4/5/1/2004-V

31.01.2006

544

11.02.2006

32

4/5/1/2004-V

20.11.2007

3434

08.12.2007

33

4/5/1/2004-V

01.09.2008

2760

04.10.2008

34

4/5/1/2004-V

21.05.2009

1538(E)

23.06.2009

35

E.14015/1/2012-IV

06.03.2013

830(E)

26.03.2013

वािण$य एवं उ'ोग मं(ालय

वािण$य एवं उ'ोग मं(ालय

वािण$य एवं उ'ोग मं(ालय

वािण$य एवं उ'ोग मं(ालय

(वािण$य िवभाग)

(वािण$य िवभाग)

(वािण$य िवभाग)

(वािण$य िवभाग)

नई दली, 13 अ= तूबर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2624.

2624.

2624.

2624.—के)*ीय सरकार, िनयात (गुणव ा िनयं2ण एवं िनरीFण) िनयम, 1964 के िनयम 12, के उपिनयम (2) के

साथ पWठत, िनयात (गुणव ा िनयं2ण एंव िनरीFण) अिधिनयम, 1963 (1963 का 22) क धारा 7 क उपधारा (1) ारा द

शि"य# का योग करते 'ए, मैसस इं/पे=टोरेटिeफ़थ इंिडया ाइवेट िलिमटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप,

ओिडशा - 754142, को उ" अिधिनयम क धारा 7 क उपधारा (1) के योजन के िलए, इस अिधसूचना के राजप2 म3 काशन क

तारीख से तीन वष क अविध के िलए, वािणmय मं2ालय म3 भारत सरकार क अिधसूचना के साथ अनुसूची म3 िनQदR दनांक 20

दस बर, 1965 क अिधसूचना सं॰ का.आ. 3975 तथा दनांक 20 दस बर, 1965 क अिधसूचना सं॰ का.आ. 3978 dमशः खिनज

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8807

और अय/क (समूह-।), अथात्, लौह अय/क और समूह-II, अथात्, dोम अय/क को िनयात से पूव िनqिलिखत शतr के अधीन पारादीप

प न तथा धामरा प न, म3 उ= त खिनज और अय/ क के िनरीFण करने के िलए एक अिभकरण के @प म3 मा)यता देती है, अथात् :

(i)

के मैसस इं/पे=टोरेट िeफ़थ इंिडया ाइवेट िलिमटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप, ओिडशा -

754142, खिनज और अय/क समूह-। का िनयात (िनरीFण) िनयम, 1965 तथा खिनज और अय/क समूह-II का िनयात

(िनरीFण) िनयम, 1965 के िनयम 4 के अधीन िनरीFण क पsित क जाँच करने के िलये िनयात िनरीFण पWरषद्

ारा िनिम नाम िनQदR अिधकाWरय# को पयाt सुिवधाएं देगी; तथा

(ii)

मैसस इं/पे=टोरेट िeफ़थ इंिडया ाइवेट िलिमटेड, एचआईजी -34, गौरव िबहार, मधुबन परादीप, ओिडशा -

754142, इस अिधसूचना के अधीन अपने कायu के पालन म3 िनदेशक (िनरीFण और गुणव ा िनयं2ण) िनयात

िनरीFण पWरषद ारा समय-समय पर िलिखत @प म3 दए गए ऐसे िनदwश# से आबs ह#गी ।

[फा. सं. के-16014/12/2017- िनयात िनरीFण]

संतोष कुमार सारंगी, संयु" सिचव

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.

पे-ोिलयम और /ाकृितक गैस मं(ालय

पे-ोिलयम और /ाकृितक गैस मं(ालय

पे-ोिलयम और /ाकृितक गैस मं(ालय

पे-ोिलयम और /ाकृितक गैस मं(ालय

नई दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2625

2625

2625

2625.—के)*ीय सरकार ने पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,

1962 (1962 का 50) (िजसे इसम3 इसके पHात उ" अिधिनयम कहा गया है) क धारा 3 उप धारा (1) के अधीन जारी क गई, भारत

सरकार के पे]ोिलयम और ाकृितक गैस मं2ालय क अिधसूचना संMया का.आ. 914(अ) तारीख 09.03.2017 िजसका काशन भारत

के राजप2 संMया 819, भाग II, ख>ड 3, उप ख>ड (II) तारीख 21.03.2017 म3 कया गया है। इस अिधसूचना म3 संलO अनुसूची म3

िविनQदR तेलंगाना राmय के मंडल कzंगुर िजला नालग#डा क भूिम म3, ओडीशा राmय म3 पारादीप से तेलंगाना राmय म3 हैदराबाद तक

8808

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

पे]ोिलयम उ{पाद# के पWरवहन के िलए इंिडयन ऑयल कॉपwरेशन िलिमटेड के ारा dयाि)वत कए जा रहे “पारादीप-हैदराबाद

पाइपलाइन पWरयोजना” के संबंध म3 पाइपलाइन िबछाने के योजन के िलए उपयोग के अिधकार का अजन करने के िलए अपने आशय

क घोषणा क थी:

और उ" राजप2 अिधसूचना क ितयाँ जनता को तारीख 29.05.2017 तक उपल~ध करा दी गई थ।

और उ" अिधिनयम क धारा 6 क उपधारा (1) के अनुसरण म3 सFम ािधकारी न3 के)*ीय सरकार को अपनी Wरपोट दे दी है।

और के)*ीय सरकार ने उ" Wरपोट पर िवचार करने के पHात और यह समाधान हो जाने पर क उ" भूिम पाइपलाइन िबछाने

के िलए अपेिFत है, उसम3 उपयोग के अिधकार का अजन करने का िविन€ चय कया है:

अतः अब, के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (1) ारा द शि"य# का योग करते 'ए एतद् ारा

घोषणा करती है क इस अिधसूचना से संलO अनुसूिच म3 िविनQदR भूिम म3 पाइपलाइन िबछाने के उपयोग का अिधकार अ[जत कया

जाए:

और के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (4) ारा द शि"य# का योग करते 'ए, यह िनदwश देती है क

उ" भूिम म3 उपयोग का अिधकार इस घोषणा के काशन क तारीख से के)*ीय सरकार म3 िनिहत होने के बजाए सभी िबलंगम# से मु"

होकर इंिडयन ऑयल कॉपwरेशन िलिमटेड म3 िनिहत होगा।

पे]ोिलयम और खिनज पाइपलाइन अिधिनयम, 1962 क धारा 10 के अधीन कसी भी Fितपू[त के िलए इंिडयन ऑयल

कॉपwरेशन िलिमटेड पूणतयः उ रदायी होगी और पाइपलाइन से संबंिधत कसी भी मामले पर के)*ीय सरकार के िवs कोई वाद, दावा

या कानूनी कायवाही नह हो सकेगी।

vuqlwph

uqlwph

uqlwph

uqlwph

मंडल: कzंगुर

िजला : नालग#डा

राmय : तेलंगाना

eाम का नाम

सवw न बर

Fे2फल

हे=टेयर

एयर

वग मीटर

(1)

(2)

(3)

(4)

(5)

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8809

23

00

23

45

22

00

03

93

21

00

50

08

अईWटपामुला

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

8810

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

कमेरा

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

मुनुकुं‚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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8811

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

8812

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ित मापुरम

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 कुमार, 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".

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8813

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

Name of Village

Survey No.

Area

Hectare

Are

Square Metre

(1)

(2)

(3)

(4)

(5)

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

8814

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8815

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

8816

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8817

नई दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2626

2626

2626

2626.—के)*ीय सरकार ने पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,

1962 (1962 का 50) (िजसे इसम3 इसके पHात उ" अिधिनयम कहा गया है) क धारा 3 उप धारा (1) के अधीन जारी क गई, भारत

सरकार के पे]ोिलयम और ाकृितक गैस मं2ालय क अिधसूचना संMया का.आ. 732(अ) तारीख 03.03.2017 िजसका काशन भारत

के राजप2 संMया 657, भाग II, ख>ड 3, उप ख>ड (II) तारीख 03.03.2017 म3 कया गया है। इस अिधसूचना म3 संलO अनुसूची म3

िविनQदR तेलंगाना राmय के मंडल केतेपली िजला नालग#डा क भूिम म3, ओडीशा राmय म3 पारादीप से तेलंगाना राmय म3 हैदराबाद तक

पे]ोिलयम उ{पाद# के पWरवहन के िलए इंिडयन ऑयल कॉपwरेशन िलिमटेड के ारा dयाि)वत कए जा रहे “पारादीप-हैदराबाद

पाइपलाइन पWरयोजना” के संबंध म3 पाइपलाइन िबछाने के योजन के िलए उपयोग के अिधकार का अजन करने के िलए अपने आशय

क घोषणा क थी:

और उ" राजप2 अिधसूचना क ितयाँ जनता को तारीख 29.05.2017 तक उपल~ध करा दी गई थ।

और उ" अिधिनयम क धारा 6 क उपधारा (1) के अनुसरण म3 सFम ािधकारी न3 के)*ीय सरकार को अपनी Wरपोट दे दी है।

और के)*ीय सरकार ने उ" Wरपोट पर िवचार करने के पHात और यह समाधान हो जाने पर क उ" भूिम पाइपलाइन िबछाने

के िलए अपेिFत है, उसम3 उपयोग के अिधकार का अजन करने का िविन€ चय कया है:

अतः अब, के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (1) ारा द शि"य# का योग करते 'ए

एतद्ाराघोषणा करती है क इस अिधसूचना से संलO अनुसूिच म3 िविनQदR भूिम म3 पाइपलाइन िबछाने के उपयोग का अिधकार अ[जत

कया जाए:

और के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (4) ारा द शि"य# का योग करते 'ए, यह िनदwश देती है क

उ" भूिम म3 उपयोग का अिधकार इस घोषणा के काशन क तारीख से के)*ीय सरकार म3 िनिहत होने के बजाए सभी िबलंगम# से मु"

होकर इंिडयन ऑयल कॉपwरेशन िलिमटेड म3 िनिहत होगा।

पे]ोिलयम और खिनज पाइपलाइन अिधिनयम, 1962 क धारा 10 के अधीन कसी भी Fितपू[त के िलए इंिडयन ऑयल

कॉपwरेशन िलिमटेड पूणतयः उ रदायी होगी और पाइपलाइन से संबंिधत कसी भी मामले पर के)*ीय सरकार के िवs कोई वाद, दावा

या कानूनी कायवाही नह हो सकेगी।

vuqlwph

uqlwph

uqlwph

uqlwph

मंडल : केतेपली

िजला : नालग#डा

राmय : तेलंगाना

eाम का नाम

सवw न बर

Fे2फल

हे=टेयर

एयर

वग मीटर

(1)

(2)

(3)

(4)

(5)

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

8818

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

483

00

23

80

482

00

24

77

कोaपोल

76

00

23

71

81

00

18

23

तुंगतु[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कुपली

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8819

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 कुमार, 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.

8820

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

Mandal : Kethepally

District : Nalgonda

State : Telangana

Name of Village

Survey No.

Area

Hectare

Are

Square Metre

(1)

(2)

(3)

(4)

(5)

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8821

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 दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2627

2627

2627

2627.— के)*ीय सरकार ने पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,

1962 (1962 का 50) (िजसे इसम3 इसके पHात उ" अिधिनयम कहा गया है) क धारा 3 क उप धारा (1) के अधीन जारी क गई,

भारत सरकार के पे]ोिलयम और ाकृितक गैस मं2ालय क अिधसूचना संMया का.आ. 731(अ) तारीख 03.03.2017 िजसका काशन

भारत के राजप2 संMया 657, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 03.03.2017 म3 कया गया है। इस अिधसूचना म3 संलO अनुसूची

म3 िविनQदR तेलंगाना राmय के मंडल नकwटपली िजला नालग#डा क भूिम म3, ओडीशा राmय म3 पारादीप से तेलंगाना राmय म3 हैदराबाद

तक पे]ोिलयम उ{पाद# के पWरवहन के िलए इंिडयन ऑयल कॉपwरेशन िलिमटेड के ारा dयाि)वत कए जा रहे “पारादीप-हैदराबाद

8822

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

पाइपलाइन पWरयोजना” के संबंध म3 पाइपलाइन िबछाने के योजन के िलए उपयोग के अिधकार का अजन करने के िलए अपने आशय

क घोषणा क थी:

और उ" राजप2 अिधसूचना क ितयाँ जनता को तारीख 29.05.2017 तक उपल~ध करा दी गई थ।

और उ" अिधिनयम क धारा 6 क उपधारा (1) के अनुसरण म3 सFम ािधकारी न3 के)*ीय सरकार को अपनी Wरपोट दे दी है।

और के)*ीय सरकार ने उ" Wरपोट पर िवचार करने के पHात और यह समाधान हो जाने पर क उ" भूिम पाइपलाइन िबछाने

के िलए अपेिFत है, उसम3 उपयोग के अिधकार का अजन करने का िविन€ चय कया है:

अतः अब, के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (1) ारा द शि"य# का योग करते 'ए एतद्ारा

घोषणा करती है क इस अिधसूचना से संलO अनुसूची म3 िविनQदR भूिम म3 पाइपलाइन िबछाने के उपयोग का अिधकार अ[जत कया

जाए:

और के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (4) ारा द शि"य# का योग करते 'ए, यह िनदwश देती है क

उ" भूिम म3 उपयोग का अिधकार इस घोषणा के काशन क तारीख से के)*ीय सरकार म3 िनिहत होने के बजाए सभी िबलंगम# से मु"

होकर इंिडयन ऑयल कॉपwरेशन िलिमटेड म3 िनिहत होगा।

पे]ोिलयम और खिनज पाइपलाइन अिधिनयम, 1962 क धारा 10 के अधीन कसी भी Fितपू[त के िलए इंिडयन ऑयल

कॉपwरेशन िलिमटेड पूणतयः उ रदायी होगी और पाइपलाइन से संबंिधत कसी भी मामले पर के)*ीय सरकार के िवs कोई वाद, दावा

या कानूनी कायवाही नह हो सकेगी।

vuqlwph

vuqlwph

vuqlwph

vuqlwph

मंडल : नकwटपली

िजला : नालग#डा

राmय : तेलंगाना

eाम का नाम

सवw न बर

Fे2फल

हे=टेयर

एयर

वग मीटर

(1)

(2)

(3)

(4)

(5)

ने मिन

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8823

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

8824

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

224

00

13

92

ितमलिगWर

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8825

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 कुमार, 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

Name of Village

Survey No.

Area

Hectare

Are

Square Metre

(1)

(2)

(3)

(4)

(5)

Nemmani

153

00

39

00

147

00

17

17

151

00

32

61

126

00

30

89

125

00

10

61

8826

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8827

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.

8828

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

नई दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2628

2628

2628

2628.—के)*ीय सरकार ने पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,

1962 (1962 का 50) (िजसे इसम3 इसके पHात उ" अिधिनयम कहा गया है) क धारा 3 क उप धारा (1) के अधीन जारी क गई,

भारत सरकार के पे]ोिलयम और ाकृितक गैस मं2ालय क अिधसूचना संMया का.आ. 914(अ) तारीख 09.03.2017 िजसका काशन

भारत के राजप2 संMया 819, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 21.03.2017 म3 कया गया है। इस अिधसूचना म3 संलO अनुसूची

म3 िविनQदR तेलंगाना राmय के मंडल नकरेकल िजला नालग#डा क भूिम म3, ओडीशा राmय म3 पारादीप से तेलंगाना राmय म3 हैदराबाद

तक पे]ोिलयम उ{पाद# के पWरवहन के िलए इंिडयन ऑयल कॉपwरेशन िलिमटेड के ारा dयाि)वत कए जा रहे “पारादीप-हैदराबाद

पाइपलाइन पWरयोजना” के संबंध म3 पाइपलाइन िबछाने के योजन के िलए उपयोग के अिधकार का अजन करने के िलए अपने आशय

क घोषणा क थी:

और उ" राजप2 अिधसूचना क ितयाँ जनता को तारीख 29.05.2017 तक उपल~ध करा दी गई थ।

और उ" अिधिनयम क धारा 6 क उपधारा (1) के अनुसरण म3 सFम ािधकारी न3 के)*ीय सरकार को अपनी Wरपोट दे दी है।

और के)*ीय सरकार ने उ" Wरपोट पर िवचार करने के पHात और यह समाधान हो जाने पर क उ" भूिम पाइपलाइन िबछाने

के िलए अपेिFत है, उसम3 उपयोग के अिधकार का अजन करने का िविन€ चय कया है:

अतः अब, के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (1) ारा द शि"य# का योग करते 'ए एतद्ारा

घोषणा करती है क इस अिधसूचना से संलO अनुसूची म3 िविनQदR भूिम म3 पाइपलाइन िबछाने के उपयोग का अिधकार अ[जत कया

जाए:

और के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (4) ारा द शि"य# का योग करते 'ए, यह िनदwश देती है क

उ" भूिम म3 उपयोग का अिधकार इस घोषणा के काशन क तारीख से के)*ीय सरकार म3 िनिहत होने के बजाए सभी िवलंगम# से मु"

होकर इंिडयन ऑयल कॉपwरेशन िलिमटेड म3 िनिहत होगा।

पे]ोिलयम और खिनज पाइपलाइन अिधिनयम, 1962 क धारा 10 के अधीन कसी भी Fितपू[त के िलए इंिडयन ऑयल

कॉपwरेशन िलिमटेड पूणतयः उ रदायी होगी और पाइपलाइन से संबंिधत कसी भी मामले पर के)*ीय सरकार के िवs कोई वाद, दावा

या कानूनी कायवाही नह हो सकेगी।

vuqlwph

vuqlwph

vuqlwph

vuqlwph

मंडल : नकरेकल

िजला : नालग#डा

राmय : तेलंगाना

eाम का नाम

सवw न बर

Fे2फल

हे=टेयर

एयर

वग मीटर

(1)

(2)

(3)

(4)

(5)

चंदुप‚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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8829

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

म@ र

342/1

00

89

63

345

00

15

94

342/167

00

07

76

8830

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

मंगलपली

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8831

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

8832

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ताWटकल

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 कुमार, अवर सिचव

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

Name of Village

Survey No.

Area

Hectare

Are

Square Metre

(1)

(2)

(3)

(4)

(5)

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

8834

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8835

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

8836

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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 दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2629

2629

2629

2629.—के)*ीय सरकार ने पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,

1962 (1962 का 50) (िजसे इसम3 इसके पHात उ" अिधिनयम कहा गया है) क धारा 3 क उप धारा (1) के अधीन जारी क गई,

भारत सरकार के पे]ोिलयम और ाकृितक गैस मं2ालय क अिधसूचना संMया का.आ. 724(अ) तारीख 03.03.2017 िजसका काशन

भारत के राजप2 संMया 651, भाग II, ख>ड 3, उप ख>ड (ii) तारीख 03.03.2017 म3 कया गया है। इस अिधसूचना म3 संलO अनुसूची

म3 िविनQदR तेलंगाना राmय के मंडल िचƒाल िजला नालग#डा क भूिम म3, ओडीशा राmय म3 पारादीप से तेलंगाना राmय म3 हैदराबाद

तक पे]ोिलयम उ{पाद# के पWरवहन के िलए इंिडयन ऑयल कॉपwरेशन िलिमटेड के ारा dयाि)वत कए जा रहे “पारादीप-हैदराबाद

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8837

पाइपलाइन पWरयोजना” के संबंध म3 पाइपलाइन िबछाने के योजन के िलए उपयोग के अिधकार का अजन करने के िलए अपने आशय

क घोषणा क थी:

और उ" राजप2 अिधसूचना क ितयाँ जनता को तारीख 29.05.2017 तक उपल~ध करा दी गई थ।

और उ" अिधिनयम क धारा 6 क उपधारा (1) के अनुसरण म3 सFम ािधकारी न3 के)*ीय सरकार को अपनी Wरपोट दे दी है।

और के)*ीय सरकार ने उ" Wरपोट पर िवचार करने के पHात और यह समाधान हो जाने पर क उ" भूिम पाइपलाइन िबछाने

के िलए अपेिFत है, उसम3 उपयोग के अिधकार का अजन करने का िविनhचय कया है:

अतः अब, के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (1) ारा द शि"य# का योग करते 'ए एतद्ारा

घोषणा करती है क इस अिधसूचना से संलO अनुसूची म3 िविनQदR भूिम म3 पाइपलाइन िबछाने के उपयोग का अिधकार अ[जत कया

जाए:

और के)*ीय सरकार उ" अिधिनयम क धारा 6 क उपधारा (4) ारा द शि"य# का योग करते 'ए, यह िनदwश देती है क

उ" भूिम म3 उपयोग का अिधकार इस घोषणा के काशन क तारीख से के)*ीय सरकार म3 िनिहत होने के बजाए सभी िवलंगम# से मु"

होकर इंिडयन ऑयल कॉपwरेशन िलिमटेड म3 िनिहत होगा।

पे]ोिलयम और खिनज पाइपलाइन अिधिनयम, 1962 क धारा 10 के अधीन कसी भी Fितपू[त के िलए इंिडयन ऑयल

कॉपwरेशन िलिमटेड पूणतयः उ रदायी होगी और पाइपलाइन से संबंिधत कसी भी मामले पर के)*ीय सरकार के िवs कोई वाद, दावा

या कानूनी कायवाही नह हो सकेगी।

vuqlwph

vuqlwph

vuqlwph

vuqlwph

मंडल : िचƒाल

िजला : नालग#डा

राmय : तेलंगाना

eाम का नाम

सवw न बर

Fे2फल

हे=टेयर

एयर

वग मीटर

(1)

(2)

(3)

(4)

(5)

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

8838

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

िचƒाल

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8839

55

00

01

71

सु)केनेपली

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 कुमार, 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.

8840

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

Mandal : Chityal

District : Nalgonda

State : Telangana

Name of Village

Survey No.

Area

Hectare

Are

Square Metre

(1)

(2)

(3)

(4)

(5)

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8841

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 दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2630

2630

2630

2630.—के)*ीय सरकार को ऐसा तीत होता है क लोक िहत म3 यह आव€यक है क भारतीय रेलवे के डी.एफ.सी के

िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशb„टग के िलए िवगत अनुसार सवwFण Fे2-ए (/थािपत पाइपलाईन

चैनेज 316.037 से 335.478 तक िजला –

िमज़ापुर) म3 पे]ोिलयम पदाथu के पWरवहन हेतु िज़ला िमज़ापुर, राmय उ रदेश म3 इंिडयन

ऑयल कापuरेशन िलिमटेड ारा पाइपलाइन िबछाई जानी चािहए और के)*ीय सरकार को ऐसी पाइपलाइन िबछाने के योजन के िलए

आव€यक तीत होता है क उस भूिम म3 िजसके भीतर उ" पाइपलाइन िबछाई जाने का /ताव है और जो इस अिधसूचना से संलO

अनुसूची म3 व[णत है, उपयोग का अजन कया जाए;

अब¸ के)*ीय सरकार¸ पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,1962(1962

का 50) क धारा 3 क उपधारा (1)ारा द शि"य# का योग करते 'ए, उ" भूिम म3 उपयोग के अिधकार का अजन करने के अपने

आशय क घोषणा करती है;

कोई †ि", जो उ" अनुसूची म3 व[णत भूिम म3 िहतब‡द है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस

अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इˆस दन के अ)दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु

उपयोग के अिधकार के अजन के िलए, -ी सुनील कुमार, सFम ािधकारी, इंिडयन ऑयल कॉपuरेशन िलिमटेड, पाइपलाइंस िडवीजन

सूबेदारगंज, िजला इलाहाबाद, पो. पीपलगाँव, राm य उ{ तरदेश िपनः 211 012 को िलिखत @प म3 आFेप भेज सकेगा ।

8842

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

अनुसूची

अनुसूची

अनुसूची

अनुसूची

तहसील : चुनार

िजला : िमज़ापुर

राmय : उ र देश

गांव का नाम

खसरा नं.

Fे2फल

हे=टेयर

एयर

वग मीटर

1

2

3

4

5

bहडोहरा मु. कुंडाडीह

108

00

02

48

219

00

17

29

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

पवन कुमार, 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

TEHSIL: CHUNAR

DISTRICT: MIRZAPUR

STATE: UTTAR PRADESH

Name of Village

Khasra No.

Area

Hectare

Are

Sq. Mt.

1

2

3

4

5

Hindohara Mu. Kundadieh

108

00

02

48

219

00

17

29

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

PAWAN KUMAR, Under Secy.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8843

नई दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2631

2631

2631

2631.—के)*ीय सरकार को ऐसा तीत होता है क लोकिहत म3 यह आव€यक है क भारतीय रेलवे के डी.एफ.सी के

िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशb„टग के िलए िवगत अनुसार सवwFण Fे2-ए (/थािपत पाइपलाइन

चैनेज 316.037 से 335.478 तक िजला –

िमज़ापुर) म3 पे]ोिलयम पदाथu के पWरवहन हेतु िज़ला िमज़ापुर, राmय उ रदेश म3 इंिडयन

ऑयल कापuरेशन िलिमटेड ारा पाइपलाइन िबछाई जानी चािहए और के)*ीय सरकार को ऐसी पाइपलाइन िबछाने के योजन के िलए

आव€यक तीत होता है क उस भूिम म3 िजसके भीतर उ" पाइपलाइन िबछाई जाने का /ताव है और जो इस अिधसूचना से संलO

अनुसूची म3 व[णत है, उपयोग का अजन कया जाए;

अब¸ के)*ीय सरकार¸ पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम, 1962 (1962

का 50) क धारा 3 क उपधारा (1) ारा द शि"य# का योग करते 'ए, उ" भूिम म3 उपयोग के अिधकार का अजन करने के अपने

आशय क घोषणा करती है;

कोई †ि", जो उ" अनुसूची म3 व[णत भूिम म3 िहतब‡द है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस

अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इˆस दन के अ)दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु

उपयोग के अिधकार के अजन के िलए, -ी सुनील कुमार, सFम ािधकारी, इंिडयन ऑयल कॉपuरेशन िलिमटेड, पाइपलाइंस िडवीजन

सूबेदारगंज, िजला इलाहाबाद, पो. पीपलगाँव, राmय उ रदेश िपनः 211012 को िलिखत @प म3 आFेप भेज सकेगा ।

अनुसूची

अनुसूची

अनुसूची

अनुसूची

तहसील: चुनार

िजला : िमज़ापुर

राmय : उ र देश

गांव का नाम

खसरा नं.

Fे2फल

हे=टेयर

एयर

वग मीटर

1

2

3

4

5

बेलवारी

723

00

01

64

परिसया

16

00

01

97

कु>डाडीह

849

00

03

86

परोरा

560

00

01

04

िसकया

648

00

02

50

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

पवन कुमार, 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.

8844

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

SCHEDULE

TEHSIL: CHUNAR

DISTRICT: MIRZAPUR

STATE: UTTAR PRADESH

Name of Village

Khasra No.

Area

Hectare

Are

Sq. Mt.

1

2

3

4

5

Belwari

723

00

01

64

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 दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2632

2632

2632

2632.—के)*ीय सरकार को ऐसा तीत होता है क लोक िहत म3 यह आव€यक है क भारतीय रेलवे के डी.एफ.सी के

िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशb„टग के िलए िवगत अनुसार सवwFण Fे2-ए (/थािपत पाइपलाईन

चैनेज 316.037 से 335.478 तक िजला –

िमज़ापुर) म3 पे]ोिलयम पदाथu के पWरवहन हेतु िज़ला िमज़ापुर, राmय उ रदेश म3 इंिडयन

ऑयल कापuरेशन िलिमटेड ारा पाइपलाइन िबछाई जानी चािहए और के)*ीय सरकार को ऐसी पाइपलाइन िबछाने के योजन के िलए

आव€यक तीत होता है क उस भूिम म3 िजसके भीतर उ" पाइपलाइन िबछाई जाने का /ताव है और जो इस अिधसूचना से संलO

अनुसूची म3 व[णत है, उपयोग का अजन कया जाए;

अब¸ के)*ीय सरकार¸ पे]ोिलयम और खिनज पाइपलाइ)स (भूिम म3 उपयोग के अिधकार का अजन) अिधिनयम,1962(1962

का 50) क धारा 3 क उपधारा (1)ारा द शि"य# का योग करते 'ए, उ" भूिम म3 उपयोग के अिधकार का अजन करने के अपने

आशय क घोषणा करती है;

कोई †ि", जो उ" अनुसूची म3 व[णत भूिम म3 िहतब‡द है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस

अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इˆस दन के अ)दर, भूिम के भीतर पाइपलाइन िबछाए जाने हेतु

उपयोग के अिधकार के अजन के िलए, -ी सुनील कुमार, सFम ािधकारी, इंिडयन ऑयल कॉपuरेशन िलिमटेड, पाइपलाइंस िडवीजन

सूबेदारगंज, िजला इलाहाबाद, पो. पीपलगाँव, राm य उ{ तरदेश िपनः 211 012 को िलिखत @प म3 आFेप भेज सकेगा ।

vuqlwph

vuqlwph

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vuqlwph

तहसील: चुनार

िजला : िमज़ापुर

राmय : उ र देश

गांव का नाम

खसरा नं.

Fे2फल

हे=टेयर

एयर

वग मीटर

1

2

3

4

5

दिFतपुर

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 कुमार, अवर सिचव

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

TEHSIL: CHUNAR

DISTRICT: MIRZAPUR

STATE: UTTAR PRADESH

Name of Village

Khasra No.

Area

Hectare

Are

Sq. Mt.

1

2

3

4

5

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 दली, 13 नव बर, 2017

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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

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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

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fiu% 800001] fcgkj dks fyf[kr :i eas vk{ksi Hkst ldsxkA

8846

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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01

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105

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78

104

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103

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12

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113

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07

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145

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143

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09

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267

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02

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241

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00

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196

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01

46

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193

00

17

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01

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86

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115

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191

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80

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11

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359

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358

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71

348

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207

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8847

Ckakxjk

2154

00

09

64

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3040

00

02

80

Hkh[kk cu

28

00

16

74

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22¼jkLrk½

00

03

26

nsmjh;k

367

00

07

41

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18

00

00

32

1281

00

01

96

1329

00

00

34

fclquiqjk eg©jh

2820

00

00

20

Fkkuk uacj&154

2896

00

07

48

2889

00

03

87

2883

00

03

76

2881

00

05

54

2879

00

04

30

1951

00

00

84

1956

00

00

32

1949

00

03

00

1751

00

00

85

1752

00

00

20

1750

00

01

83

1749

00

09

85

lqjchj

213

00

18

25

Fkkuk uacj&152

214

00

04

82

855

00

00

20

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00

28

94

858

00

00

25

857

00

00

73

970

00

00

45

996

00

00

20

998

00

00

91

1158

00

04

79

1328

00

01

22

1332

00

03

89

1348

00

03

11

1524

00

00

20

1366

00

00

61

1414

00

00

20

1408

00

02

45

1400

00

01

66

1397

00

01

32

1428

00

05

04

ÃVgjh

772

00

14

69

Fkkuk uacj&145

651

00

01

94

8848

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

647

00

02

17

634

00

00

20

620

00

01

16

616

00

08

05

614

00

01

82

395

00

00

94

396

00

04

32

397

00

02

65

398

00

01

62

399

00

04

40

400

00

04

28

405¼ukyk½

00

06

09

511

00

03

77

511@877

00

01

40

510

00

00

50

408

00

04

80

407

00

04

19

410

00

03

07

366

00

00

20

341

00

01

99

ggok

1143

00

06

76

Fkkuk uacj&130

1136

00

04

84

1134@1483

00

00

20

Tkxnhशiqj

288

00

02

36

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509

00

02

72

555

00

00

24

556

00

04

22

559

00

03

77

857

00

02

33

vxs;ku

4543

00

03

91

Fkkuk uacj&113

4542

00

00

20

4540

00

00

20

4598

00

00

20

4602

00

04

93

3665

00

04

72

3703

00

00

61

3495

00

03

20

3454

00

09

43

3439

00

00

20

3440

00

02

97

2587

00

05

06

2533

00

01

56

1743

00

00

41

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8849

1771@5002

00

00

75

1773

00

00

5+6

1758

00

00

56

1757

00

00

34

1812

00

04

02

1645

00

00

93

1644

00

00

20

1656

00

08

33

1473

00

02

74

1474

00

02

20

1470

00

02

40

1464

00

05

96

1358

00

00

35

lFkokj

1387

00

17

66

Fkkuk uacj&89

1431

00

01

36

1190

00

00

34

1194

00

04

60

1216

00

00

93

[kokliqj

399

00

04

62

Fkkuk uacj&74

100

00

00

38

lhdrh;k

2025

00

07

11

Fkkuk uacj&63

2024

00

00

32

tykYkiqj

185

00

02

06

Fkkuk uacj&62

85

00

00

20

95

00

00

20

36

00

08

62

Mqejk

2884

00

00

20

Fkkuk uacj&58

2892

00

00

66

2893

00

03

10

2968

00

00

31

2977

00

01

75

3001

00

00

38

2991

00

00

20

2995

00

00

61

2998

00

00

32

3082

00

01

23

3086

00

00

20

4594

00

01

58

3322

00

02

36

3321

00

16

44

3325

00

01

15

3326

00

03

34

3318

00

04

35

8850

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

3518

00

03

87

3526

00

00

42

3529

00

02

72

3602

00

06

66

5392

00

06

16

5481

00

07

56

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1157@1897

00

01

09

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1036

00

02

20

1045

00

08

50

357

00

00

20

355

00

11

94

eUnjkSyh

1922

00

00

35

Fkkuk uacj&393

1883

00

00

85

1933

00

01

91

ygsth

2568

00

05

92

Fkkuk uacj&392

2567

00

04

90

2541

00

02

04

2531

00

07

22

2529

00

11

48

2448

00

05

32

2447

00

01

49

Qkthyiqj

1509

00

14

19

Fkkuk uacj&364

epduk

2144

00

04

80

Fkkuk uacj&214

2128

00

17

35

1142

00

00

30

ÒSlk[ky

1046

00

02

60

Fkkuk uacj& 154

739

00

23

61

eqbu

2863

00

00

20

Fkkuk uacj& 137

1509

00

05

82

2011

00

08

67

1762

00

00

20

1758

00

06

80

1770

00

09

72

22

00

00

42

18

00

00

33

1772

00

09

72

19

00

00

20

17

00

06

95

1773

00

02

89

10

00

12

83

iks[kjsjk

1029

00

13

56

Fkkuk uacj&76

1024

00

00

24

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8851

1022

00

10

46

dqynhik

411

00

00

78

Fkkuk uacj&77

lsorkiwj

2088

00

09

14

Fkkuk uacj&76

539

00

03

75

537

00

00

81

547

00

06

31

548

00

02

05

549

00

05

22

580

00

03

73

578

00

00

79

[फा. सं. आर-25011/53/2017-ओआर-I]

पवन कुमार, 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

District : Siwan

State : Bihar

Mouja / Village

Survey/Block

No.

Sub-Div-No.

Area

Hectare

Are

Sq.mtr.

1

2

3

4

5

6

Madarichak

919

00

02

80

Thana No.-235

920

00

00

20

918

00

05

09

906

00

00

88

748

00

00

20

808

00

00

20

795

00

01

09

796

00

01

04

8852

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

794

00

00

20

Bagaura

643

00

04

54

Thana No.-234

105

00

00

78

104

00

09

02

103

00

12

58

113

00

07

14

145

00

00

69

143

00

09

77

Dahkai

267

00

02

85

Thana No.-231

241

00

00

64

Dawn Chapra

196

00

01

46

Thana No.-230

193

00

17

63

Mancha

855

00

01

21

Thana No.-225

Bhadea

86

00

00

20

Thana No.-226

115

00

01

24

Usti

191

00

00

29

Thana No.-224

80

00

11

54

Mirachak

359

00

01

31

Thana No.-199

358

00

00

71

348

00

10

16

209

00

00

54

207

00

01

20

219

00

07

77

Baldih

90

00

09

66

Thana No.-183

Rukundipur

1201

00

00

65

Thana No.-168

Jagdishpur

656

00

00

20

Thana No.-160

Bangra

2154

00

09

64

Thana No.-156

3040

00

02

80

Bhikhaban

28

00

16

74

Thana No.-153

22-Road

00

03

26

Devaria

367

00

07

41

Thana No.-153

18

00

00

32

1281

00

01

96

1329

00

00

34

Bishunpur Mahuari

2820

00

00

20

Thana No.-154

2896

00

07

48

2889

00

03

87

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8853

2883

00

03

76

2881

00

05

54

2879

00

04

30

1951

00

00

84

1956

00

00

32

1949

00

03

00

1751

00

00

85

1752

00

00

20

1750

00

01

83

1749

00

09

85

Surbir

213

00

18

25

Thana No.-152

214

00

04

82

855

00

00

20

856

00

28

94

858

00

00

25

857

00

00

73

970

00

00

45

996

00

00

20

998

00

00

91

1158

00

04

79

1328

00

01

22

1332

00

03

89

1348

00

03

11

1524

00

00

20

1366

00

00

61

1414

00

00

20

1408

00

02

45

1400

00

01

66

1397

00

01

32

1428

00

05

04

Ithari

772

00

14

69

Thana No.-145

651

00

01

94

647

00

02

17

634

00

00

20

620

00

01

16

616

00

08

05

614

00

01

82

395

00

00

94

396

00

04

32

397

00

02

65

398

00

01

62

8854

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

399

00

04

40

400

00

04

28

405-Nala

00

06

09

511

00

03

77

511/877

00

01

40

510

00

00

50

408

00

04

80

407

00

04

19

410

00

03

07

366

00

00

20

341

00

01

99

Hahwa

1143

00

06

76

Thana No.-130

1136

00

04

84

1134/1483

00

00

20

Jagdishpur

288

00

02

36

Thana No.-129

509

00

02

72

555

00

00

24

556

00

04

22

559

00

03

77

857

00

02

33

Ageyan

4543

00

03

91

Thana No.-113

4542

00

00

20

4540

00

00

20

4598

00

00

20

4602

00

04

93

3665

00

04

72

3703

00

00

61

3495

00

03

20

3454

00

09

43

3439

00

00

20

3440

00

02

97

2587

00

05

06

2533

00

01

56

1743

00

00

41

1771/5002

00

00

75

1773

00

00

56

1758

00

00

56

1757

00

00

34

1812

00

04

02

1645

00

00

93

1644

00

00

20

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8855

1656

00

08

33

1473

00

02

74

1474

00

02

20

1470

00

02

40

1464

00

05

96

1358

00

00

35

Sathwar

1387

00

17

66

Thana No.-89

1431

00

01

36

1190

00

00

34

1194

00

04

60

1216

00

00

93

Khawaspur

399

00

04

62

Thana No.-74

100

00

00

38

Sikatiya

2025

00

07

11

Thana No.-63

2024

00

00

32

Jalalpur

185

00

02

06

Thana No.-62

85

00

00

20

95

00

00

20

36

00

08

62

Dumra

2884

00

00

20

Thana No.-58

2892

00

00

66

2893

00

03

10

2968

00

00

31

2977

00

01

75

3001

00

00

38

2991

00

00

20

2995

00

00

61

2998

00

00

32

3082

00

01

23

3086

00

00

20

4594

00

01

58

3322

00

02

36

3321

00

16

44

3325

00

01

15

3326

00

03

34

3318

00

04

35

3518

00

03

87

3526

00

00

42

3529

00

02

72

3602

00

06

66

5392

00

06

16

8856

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

5481

00

07

56

Mandrapali

1157/1897

00

01

09

Thana No.-394

1036

00

02

20

1045

00

08

50

357

00

00

20

355

00

11

94

Mandrauli

1922

00

00

35

Thana No.-393

1883

00

00

85

1933

00

01

91

Laheji

2568

00

05

92

Thana No.-392

2567

00

04

90

2541

00

02

04

2531

00

07

22

2529

00

11

48

2448

00

05

32

2447

00

01

49

Fazilpur

1509

00

14

19

Thana No.-364

Machkana

2144

00

04

80

Thana No.-214

2128

00

17

35

1142

00

00

30

Bhaishakhal

1046

00

02

60

Thana No.-154

739

00

23

61

Muin

2863

00

00

20

Thana No.-137

1509

00

05

82

2011

00

08

67

1762

00

00

20

1758

00

06

80

1770

00

09

72

22

00

00

42

18

00

00

33

1772

00

09

72

19

00

00

20

17

00

06

95

1773

00

02

89

10

00

12

83

Pokhrera

1029

00

13

56

Thana No.-76

1024

00

00

24

1022

00

10

46

Kuldipa

411

00

00

78

Thana No.-77

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8857

Sewtapur

2088

00

09

14

Thana No.-76

539

00

03

75

537

00

00

81

547

00

06

31

548

00

02

05

549

00

05

22

580

00

03

73

578

00

00

79

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

PAWAN KUMAR, Under Secy.

नई दली, 13 नव बर, 2017

का.आ.

का.आ.

का.आ.

का.आ. 2634

2634

2634

2634.— के)*ीय सरकार, पे]ोिलयम एवं खिनज पाइपलाइन ) भूिम म3 उपयोग के अिधकार का अजन (अिधिनयम,

1962

)

1962

का

50

(

, क धारा

2

के खंड ) क) के अनुसरण म3, नीचे दी गई अनुसूची के /तंभ 1 म3 उिलिखत †ि" को, उ" अनुसूची

के /तंभ 2 म3 क त{/थानी िविR म3 उिलिखत Fे2 के संबंध मे उ" अिधिनयम के अधीन सFम ािधकारी के कृ{य# का िनवहन करने

के िलए ािधकृत करती है, अथात

:-

ािधकारी का नाम और पता

(1)

अिधकाWरता का Fे2

(2)

-ी भरत जे. अdूवाला

अपर समाहता (अवकाश ाt)

सFम अिधकारी

इंिडयन ऑयल कॉपuरेशन िलिमटेड

पिHमी Fे2 पाइपलाइ)स ोजे=‚स

3/122 गुजरात Wरफाइनरी टाउनिशप

पी. ओ. - जवाहर नगर

वडोदरा (गुजरात)

िपन -391320

गुजरात राmय

यह अिधसूचना जारी होने क तारीख से लागू होगी |

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

पवन कुमार, 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:

8858

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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.

Je ,oa jkstxkj ea=kky;

ubZ fnYyh] 7 uoEcj] 2017

dk-vk- 2635-—deZpkjh jkT; chek vf/fu;e] 1948 (1948 dk 34) dh /kjk 1 dh mi&/kjk (3) }kjk iznRr 'kfDr;ksa dk

iz;ksx djrs gq,] dsUnzh; ljdkj ,rn~}kjk 1 uoEcj] 2017 dks ml rkjh[k ds :i esa fu;r djrh gS] ftls mDr vf/fu;e ds vè;k;

IV (/kjk 44 o 45 ds flok; tks igys gh izo`Ùk dh tk pqdh gS) rFkk vè;k; V vkSj VI ¹/kjk 76 dh mi&/kjk (1) vkSj /kjk 77]

78] 79 vkSj 81 ds flok; tks igys gh izo`Ùk dh tk pqdh gSaº ds micaèk vksfM'kk jkT; ds fuEufyf[kr {ks=kksa esa izo`Ùk gksaxs] vFkkZr~ %—

Øe la-

jkT;

ftyk

jktLo dsUæ

1-

vksfM'kk

xtifr

ikjyk[kseqafM dh uxjikfydk lhekvksa esa 'kkfey lHkh {ks=k

2-

vksfM'kk

dsaækiM+k

dsaækiM+k ,oa iV~VkeqaMkb dh uxjikfydk lhekvksa esa 'kkfey lHkh {ks=k

3-

vksfM'kk

u;kxM+

[kaMkiM+k ,o u;kxM+ dh vf/lwfpr {ks=k ifj"kn lhekvksa esa 'kkfey lHkh {ks=k

¹la- ,l&38013@12@2017&,l-,l-&Iº

vt; efyd] voj lfpo

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 :—

Sl. No.

State

District

All the areas falling under

1.

Odisha

Gajapati

All the areas comprising of the Municipal Limits of

Paralakhemundi

2.

Odisha

Kendrapara

All the areas comprising of the Municipal Limits of Kendrapara

and Pattamundai

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8859

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.

ubZ fnYyh] 8 uoEcj] 2017

dk-vk- 2636-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ

¯lxkjsuh dksfy;jht daiuh fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vfèkdj.k&lg&Je U;k;ky;] xksnkofj[kkuh ds iapkV (lanHkZ la[;k 13@2011) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 13-10-2017 dks çkIr gqvk FkkA

¹la- ,y&22013@01@2017&vkbZvkj (lh,e&II)º

jktsUæ flag] vuqHkkx vf/dkjh

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.

8860

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8861

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

ubZ fnYyh] 8 uoEcj] 2017

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ch-,e-ch- ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k&lg&Je U;k;ky; ua- 2] paMhx<+ ds iapkV (lanHkZ la[;k 749@2005) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-11-

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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.

8864

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2638-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

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vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 711@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-

2017 dks çkIr gqvk FkkA

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ch- ,l- fc"V] vuqHkkx vf/dkjh

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

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Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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.

8866

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ubZ fnYyh] 9 uoEcj] 2017

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vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 1192@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

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¹la- ,y&12012@462@2001&vkbZvkj (ch&I)º

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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?”

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 9 uoEcj] 2017

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jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 61@2010) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2017

dks çkIr gqvk FkkA

¹la- ,y&41011@71@2008&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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) – 390004

8868

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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2641-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh;

LVsV cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

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8869

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 103@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&12012@41@98&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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 the

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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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8871

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 in

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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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2642-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 54@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2017

dks çkIr gqvk FkkA

¹la- ,y&41012@35@97&vkbZvkj (ch&I)º

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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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2643-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 46@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2017

dks çkIr gqvk FkkA

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8874

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.

¹Hkkx IIµ[k.M 3(ii)º

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8875

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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2644-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj LVsV cSad

vkWiQ lkSjk"Vª ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 1475@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

09-11-2017 dks çkIr gqvk FkkA

¹la- ,y&12012@166@2004&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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:

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THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2645-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

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ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 17@2015) dks çdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 09-11-2017 dks çkIr gqvk FkkA

¹la- ,y&12011@19@2015&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8877

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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2646-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh;

LVsV cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 431@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

09-11-2017 dks çkIr gqvk FkkA

¹la- ,y&12012@307@2001&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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 Officer

8878

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8879

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2647-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 122@2010) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks

09-11-2017 dks çkIr gqvk FkkA

¹la- ,y&41011@20@2009&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2648-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh;

LVsV cSad ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 409@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&12012@32@2001&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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 Officer

8882

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8883

ubZ fnYyh] 9 uoEcj] 2017

dk-vk- 2649-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ckWEcs

eds±Vkby dks&vkWijsfVo cSad fyfeVsM ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn

esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 118@2005) dks çdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 09-11-2017 dks çkIr gqvk FkkA

¹la- ,y&12012@193@2005&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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.

8884

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2650-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 77@2014) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-2017

dks çkIr gqvk FkkA

¹la- ,y&41011@58@2014&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2651-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 720@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&41012@52@2000&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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 Party

8886

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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2652-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 160@2012) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&41012@41@2012&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8887

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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2653-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 73@2011) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-2017

dks çkIr gqvk FkkA

¹la- ,y&41011@50@2010&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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 Officer

8888

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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2654-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 166@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&41011@5@98&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2655-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 24@2011) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-2017

dks çkIr gqvk FkkA

¹la- ,y&41011@85@2010&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2656-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 756@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&41012@115@2001&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

8892

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

ubZ fnYyh] 10 uoEcj] 2017

dk-vk- 2657-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if'pe

jsyos ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 247@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 10-11-

2017 dks çkIr gqvk FkkA

¹la- ,y&41012@103@99&vkbZvkj (ch&I)º

ch- ,l- fc"V] vuqHkkx vf/dkjh

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8893

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

ubZ fnYyh] 15 uoEcj] 2017

dk-vk- 2658-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ iwQM

dkjiksjs'ku vkWiQ bafM;k ,oa muds deZpkjh ds çcaèkra=k ds lac¼ fu;kstdksa vkSj muds deZdkjksa ds chp] vuqcaèk esa fu£n"V vkS|ksfxd

fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky; ua- 1] /uckn ds iapkV f'kdk;r la[;k 9@2015 tks fd (lanHkZ la[;k

138@1997) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 08-11-2017 dks çkIr gqvk FkkA

¹la- ,y&22012@170@1996&vkbZvkj (lh,e&II)º

jktsUæ flag] vuqHkkx vf/dkjh

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 Officer

8894

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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8895

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.

8896

THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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”

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8897

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 workmen

8898

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

ubZ fnYyh] 15 uoEcj] 2017

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¹la- ,y&22012@170@1996&vkbZvkj (lh,e&II)º

jktsUæ flag] vuqHkkx vf/dkjh

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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8899

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 not

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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 .

¹Hkkx IIµ[k.M 3(ii)º

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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 actually

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[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

¹Hkkx IIµ[k.M 3(ii)º

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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 &

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[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

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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.

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8905

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.

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THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939

8907

ubZ fnYyh] 15 uoEcj] 2017

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vfèkdj.k&lg&Je U;k;ky;] Hkqcus'oj ds iapkV (lanHkZ la[;k 82@2008) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 13-11-2017

dks çkIr gqvk FkkA

¹la- ,y&22012@103@2008&vkbZvkj (lh,e&II)º

jktsUæ flag] vuqHkkx vf/dkjh

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 Management

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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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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 by

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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

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fookn esa dsUnzh; ljdkj vkS|ksfxd vfèkdj.k ,oa Je U;k;ky;] vgenkckn ds iapkV (lanHkZ la[;k 63@2007) dks çdkf'kr djrh gS]

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¹la- ,y&22012@203@2006&vkbZvkj (lh,e&II)º

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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

¹Hkkx IIµ[k.M 3(ii)º

Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 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

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8912

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.

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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.

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THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939

[PART II—SEC. 3(ii)]

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

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054. ALOK

KUMAR

Digitally signed

by ALOK KUMAR

Date: 2017.12.02

11:16:54 +05'30'