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 नवबर, 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]
सौयिजत 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 नवबर, 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 ारिभक
ि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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gksrs gq, xzke tuknuZiqj ds IykWV la[;k 457] 454] 465 bR;kfn rFkk xzke lkYgh ds IykWV
la[;k 502] 503] 524] 529] 687 bR;kfn gksrh gqbZ lkYgh xzke ds e/; esa fcanq ^d^ ij feyrh
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dEikVZesaV ih2005 vkSj xzke ?kkVcjkZ ds IykWV la[;k 3] 4 bR;kfn gksrh gqbZ if’peh lhek ou
dEikVZesaV ih1998 rFkk ?kkVcjkZ xzke ds if'peh lhek ds fudV fcanq ^[k^ ij feyrh gSA
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js[kk] fcUnq ^[k^ xzke ?kkVcjkZ ls vkjaHk gksrh gS vkSj xzke Qrsgiqj ds IykWV la[;k 314] 264]
277 bR;kfn gksrh gqbZ mÙkjh iwohZ lhek ou dEikVZesaV 1981 vkSj xzke rkjk ds iwohZ lhek ds
fudV fcUnq ^x^ ij feyrh gSA
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gksrh gqbZ xzke rkjk ds mÙkjh iwohZ lhek ds fudV fcUnq ^?k^ ij feyrh gSA js[kk fcUnq ^?k^ xzke
rkjk ls vkjaHk gksrh gS vkSj ou dEikVZesaV ih1986 ls gksrh gq, rkjk xzke ds IykWV la[;k 659
gksrh gqbZ iwoksZÙkj lhek ds fudV fcUnq ^M-^ ij feyrh gS] js[kk fcUnq ^M-^ xzke rkjk ls vkjaHk
gksrh gS vkSj ou dEikVZesaV ih 1986 ls gksrh gqbZ rkjk xzke ds IykWV la[;k 605 gskrh gqbZ
tuknZuiqj xzke ds nf{k.kh lhek ds fudV fcUnq ^p^ ij feyrh gS] js[kk fcUnq ^p^ tuknZuiqj
xzke ls vkjaHk gksrh gS vkSj ou dEikVZesaV 1982 ls gksrh gqbZ tuknZuiqj xzke ds nf{k.k iwohZ
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vkSj ou dEikVZesaV 1982 ls gksrh gqbZ tuknZiqj xzke IykWV la[;k 410] 408 bR;kfn ls gksrh gq,
ou dEikVZesaV ih1997 ls gksrh gqbZ tuknZiqj xzke ds e/; esa fcUnq ^t^ ls feyrh gS A
[Qk-la- 43015@28@2017&,y, ,.M vkbZ vkj]
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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
दसबर, 1965 क अिधसूचना सं॰ का.आ. 3975 तथा दनांक 20 दसबर, 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 िवs कोई वाद, दावा
या कानूनी कायवाही नह हो सकेगी।
vuqlwph
uqlwph
uqlwph
uqlwph
मंडल: कzंगुर
िजला : नालग#डा
राmय : तेलंगाना
eाम का नाम
सवw नबर
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
मुनुकुंला
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
ितमापुरम
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 िवs कोई वाद, दावा
या कानूनी कायवाही नह हो सकेगी।
vuqlwph
uqlwph
uqlwph
uqlwph
मंडल : केतेपली
िजला : नालग#डा
राmय : तेलंगाना
eाम का नाम
सवw नबर
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
चेकुपली
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 िवs कोई वाद, दावा
या कानूनी कायवाही नह हो सकेगी।
vuqlwph
vuqlwph
vuqlwph
vuqlwph
मंडल : नकwटपली
िजला : नालग#डा
राmय : तेलंगाना
eाम का नाम
सवw नबर
Fे2फल
हे=टेयर
एयर
वग मीटर
(1)
(2)
(3)
(4)
(5)
नेमिन
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
ितमलिगWर
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 िवs कोई वाद, दावा
या कानूनी कायवाही नह हो सकेगी।
vuqlwph
vuqlwph
vuqlwph
vuqlwph
मंडल : नकरेकल
िजला : नालग#डा
राmय : तेलंगाना
eाम का नाम
सवw नबर
Fे2फल
हे=टेयर
एयर
वग मीटर
(1)
(2)
(3)
(4)
(5)
चंदुपला
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 िचाल ि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 िवs कोई वाद, दावा
या कानूनी कायवाही नह हो सकेगी।
vuqlwph
vuqlwph
vuqlwph
vuqlwph
मंडल : िचाल
िजला : नालग#डा
राmय : तेलंगाना
eाम का नाम
सवw नबर
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
िचाल
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 आवयक है क भारतीय रेलवे के डी.एफ.सी के
िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशbटग 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
आवयक 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 िहतबद है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस
अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इस 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 आवयक है क भारतीय रेलवे के डी.एफ.सी के
िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशbटग 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
आवयक 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 िहतबद है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस
अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इस 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 आवयक है क भारतीय रेलवे के डी.एफ.सी के
िलए बी.के.पी.एल. का मुगलसराय और कानपुर के बीच ख> ड िशbटग 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
आवयक 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 िहतबद है, उस तारीख से िजसको, भारत के राजप2 म3 यथा कािशत इस
अिधसूचना क ितयां साधारण जनता को उपल~ध करा दी जाती है, इस 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
vuqlwph
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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cSrkyiqj ’kk[kk ikbiykbu** ds varxZr isVªksfy;e inkFkksZ ds ifjogu gsrq ftyk floku] jkT; fcgkj esa bafM;u vkW;y
dkWiksZjs’ku fyfeVsM }kjk ikbiykbu fcNkbZ tkuh pkfg, A
vkSj dsUnzh; ljdkj dks ,slh ikbiykbu fcNkus ds iz;kstu ds fy, vko’;d izrhr gksrk gS fd ml Hkwfe esa ftlds
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¼1962 dk 50½ dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznÙk ’kfDr;ksa dk iz;ksx djrs gq,] mDr Hkwfe esa mi;ksx ds vf/akdkj dk
vtZu djus ds vius vk’k; dh ?kks’k.kk djrh gSA
dksbZ O;fDr] tks mDr vuqlwfp esa of.kZr Hkwfe esa fgrc) gS] ml rkjh[k ls ftldks] Hkkjr ds jkti= esa ;Fkk izdkf’kr
bl vf/klwpuk dh izfr;ka lk/kkj.k turk dks miyC/k djk nh tkrh gS] bDdhl fnu ds vUnj] Hkwfe ds Hkhrj ikbiykbu
fcNk, tkus gsrq mi;ksx ds vf/kdkj ds vtZu ds fy,] Jh txnh'k izlkn flag] fc-iz-ls- o l{ke izkf/kdkjh bafM;u vkW;y
dkWiksZjs’ku fyfeVsM] ¼ikbiykbUl fMohtu½ iVuk] ihñ,eñchñihñ,yñ uh’kh dqat] clar fogkj dkWyksuh] cksfjax jksM] ftyk iVuk]
fiu% 800001] fcgkj dks fyf[kr :i eas vk{ksi Hkst ldsxkA
8846
THE GAZETTE OF INDIA : NOVEMBER 18, 2017/KARTIKA 27, 1939
[PART II—SEC. 3(ii)]
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05
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01
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105
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78
104
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09
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12
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07
14
145
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09
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02
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00
00
64
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196
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01
46
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193
00
17
63
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00
01
21
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86
00
00
20
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115
00
01
24
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191
00
00
29
Fkkuk uacj&224
80
00
11
54
ehjkpd
359
00
01
31
Fkkuk uacj&199
358
00
00
71
348
00
10
16
209
00
00
54
207
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01
20
219
00
07
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00
09
66
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00
00
20
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¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939
8847
Ckakxjk
2154
00
09
64
Fkkuk uacj&156
3040
00
02
80
Hkh[kk cu
28
00
16
74
Fkkuk uacj&153
22¼jkLrk½
00
03
26
nsmjh;k
367
00
07
41
Fkkuk uacj&153
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
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
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00
01
66
1397
00
01
32
1428
00
05
04
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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
Fkkuk uacj&129
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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00
01
09
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00
02
20
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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
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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
dk-vk- 2637-—vkS|ksfxd fookn vf/fu;e] 1947 (1947 dk 14) dh èkkjk 17 ds vuqlj.k esa dsUnzh; ljdkj eSllZ ch-
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-
2017 dks çkIr gqvk FkkA
¹la- ,y&23012@27@2001&vkbZvkj (lh,e&II)º
jktsUæ flag] vuqHkkx vf/dkjh
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939
8863
New Delhi, the 8th November, 2017
S.O. 2637.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 749/2005) of the Central Government Industrial Tribunal-cum-
Labour Court No. 2, Chandigarh as shown in Annexure, in the industrial dispute between the management of M/s.
B.B.M.B. and their workmen, received by the Central Government on 08.11.2017.
[No. L-23012/27/2001-IR (CM-II)]
RAJENDER SINGH, Section Officer
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
Present: Sri Kewal Krishan, Presiding Officer.
Case I.D. No. 749/2005
Registered on 02.09.2005
Sh. Jaspal S/o Sh. Roshan Lal, R/o House No.82-G,
Block Nangal Township, District Ropar
…Petitioner
Versus
The Chief Engineer, Bhakra Dam, BBMB,
Nangal Township, District Ropar
…Respondent
APPEARANCES
For the workman
:
Sh. R. K. Parmar AR of workman
For the Management
:
Sh. Bhagat Singh, Law Officer
AWARD
Passed on : 21.09.2017
Vide Order No.L-23012/27/2001-IR(CM-II), dated 06.05.2002 the Central Government in exercise of the
powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Disputes Act, 1947
(in short Act) has referred the following industrial dispute for adjudication to this Tribunal.
“Whether the action of the Chief Engineer, Bhakra Dam, BBMB, Nangal Township, Ropar in terminating
the services of Sh. Jaspal S/o Sh. Roshan Lal is legal and justified? If not, to what relief the workman is
entitled to and from which date?”
In response to the notice, the workman appeared and submitted statement of claim, to which the respondent-
management filed written statement.
The facts, emerging are, that the workman was appointed as Skilled Labour(Electrical) with the management
vide letter No./PS/169/Genl dated 19.10.1989. He was placed under suspension vide order dated 29.07.1998 on account
of misappropriation of funds and making fake and bogus entries in the record. A regular enquiry was initiated against
him wherein the management led evidence.
After considering of the evidence, the Enquiry Officer came to the conclusion that the charges against the
workman are proved.
On considering the Enquiry Report, the workman was dismissed from service vide order dated 15.05.2000.
The workman was charge-sheeted on the following counts:-
1.
He (Sh. Jaspal) has misappropriated the govt. money amounting to Rs.61644-58.
2.
He (Sh. Jaspal) has made fake entries in the office record i.e. consumer ledger.
3.
He (Sh. Jaspal) has issued bogus/fictitious receipts to consumers.
4.
He (Sh. Jaspal) has torn the pages of office record and all bogus receipts to destroy the evidence of
misappropriated Govt. amount.
5.
He (Sh. Jaspal) has failed to maintain absolute devotion to duty integrity and acted in a manner of
unbecoming of Board’s employees.
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
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 711@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks 09-11-
2017 dks çkIr gqvk FkkA
¹la- ,y&41012@25@2000&vkbZvkj (ch&I)º
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
¹Hkkx IIµ[k.M 3(ii)º
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
dk-vk- 2639-—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 1192@2004) dks çdkf'kr djrh gS] tks dsUnzh; ljdkj dks
09-11-2017 dks çkIr gqvk FkkA
¹la- ,y&12012@462@2001&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
dk-vk- 2640-—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 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
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939
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
8872
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
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
¹la- ,y&41011@14@95&vkbZvkj (ch&I)º
ch- ,l- fc"V] vuqHkkx vf/dkjh
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
Hkkjr dk jkti=k % uoEcj 18] 2017@dk£rd 27] 1939
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:
8876
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
vkbZMhchvkbZ LVsV cSad fy- 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 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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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. 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
ubZ fnYyh] 15 uoEcj] 2017
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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 3] 4@2014 ,oa 5@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. 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
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8907
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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
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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
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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'