1250 GI/2019
(983)
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- 10]
ubZ fnYyh] ekpZ 3—ekpZ 9] 2019] 'kfuokj@iQkYxqu 12—iQkYxqu 18] 1940
No. 10]
NEW DELHI, MARCH 3—MARCH 9, 2019, SATURDAY/ PHALGUNA 12— PHALGUNA 18, 1940
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 द ली, 25 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 316
316
316
316.—राीय कृिष और ामीण िवकास बक अिधिनयम, 1981 (1981 का 61) क धारा 6 क उप-धारा
(1) के खंड (घ) 'ारा (द) शि+य, का (योग करते 0ए, के23ीय सरकार, एत4ारा, 5ी सुची23 िम5 के 8थान पर 5ी राजीव
कुमार, सिचव, िव)ीय सेवाएं िवभाग, िव) मं<ालय, नई दली को त=काल (भाव से अथवा अगले आदेश, तक, राीय कृिष
और ामीण िवकास बक (नाबाड?) के िनदेशक म@डल मA िनदेशक के पद पर नािमत करती है।
[फा. सं. 7/11/2018-एसी]
ए. के. दास, उप सिचव
984
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 25th February, 2019
S.O. 316.—In exercise of the powers conferred by clause (d) of sub-section (1) of section 6 of the National
Bank for Agriculture and Rural Development Act, 1981 (61 of 1981), the Central Government, hereby nominates Shri
Rajiv Kumar, Secretary, Department of Financial Services, Ministry of Finance, New Delhi as a Director on the Board of
Directors of National Bank for Agriculture and Rural Development (NABARD), with immediate effect or until further
orders, vice Shri Suchindra Misra,
[F. No. 7/11/2018-AC]
A. K. DAS, Dy. Secy.
नई द ली, 5 माच?, 2019
का.आ.
का.आ.
का.आ.
का.आ. 317
317
317
317.—बीमांकक अिधिनयम, 2006 (2006 का 35) क धारा 12 क उप-धारा (2) के खंड (ख) (i) 'ारा
(द) शि+य, का (योग करते 0ए, के2 3ीय सरकार, एत4ारा, भारतीय बीमांकक सं8 थान क पIरषद मA, िव) मं<ालय का
(ितिनिधत् व करने के िलए, 5ी एन. 5ीिनवास राव के 8 थान पर 5ी लिलत कुमार, आLथ?क सलाहकार, िव)ीय सेवाएं िवभाग
को त= काल (भाव से और अगले आदेश, तक, सद8 य के Mप मA नािमत करती है।
[फा. सं. एम-18013/01/2011-बीमा-I]
मृ= यु2 जय Nसंह, अवर सिचव
New Delhi, the 5th March, 2019
S.O. 317.—In exercise of the powers conferred by clause (b)(i) of Sub-Section (2) of Section 12 of the
Actuaries Act, 2006 (35 of 2006), the Central Government hereby nominates Sh. Lalit Kumar, Economic Advisor,
Department of Financial Services as a member of the Council of the Institute of Actuaries of India to represent the
Ministry of Finance vice Sh. N. Srinivasa Rao, with immediate effect, till further orders.
[F. No. M-18013/01/2011-Ins.1]
MRITUNJAY SINGH, Under Secy.
िवदेश
िवदेश
िवदेश
िवदेश मंालय
मंालय
मंालय
मंालय
(सी.पी.वी. भाग)
(सी.पी.वी. भाग)
(सी.पी.वी. भाग)
(सी.पी.वी. भाग)
नई द ली, 22 जनवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. .318
318
318
318— राजनियक और क,सुलीय अिधकारी (शपथ एवं फस) के अिधिनयम, 1948 क धारा 2 के खंड (क)
के अनुसरण मA वैधािनक आदेश।
एत4ारा, कA 3 सरकार भारत के क,सलावास सान Pाि2स8 को मA यूसुफ जमाल सहायक अनुभाग अिधकारी को
दनांक 22 जनवरी 2019 से सहायक क,सुलर अिधकारी के तौर पर क,सुलर सेवाT के िनव?हन के िलए (ािधकृत करती है।
[सं. टी. 4330/02/2019]
(काश च2द, िनदेशक (क,सुलर)
MINISTRY OF EXTERNAL AFFAIRS
(CPV DIVISION)
New Delhi, the 22nd January, 2019
S.O. 318.—Statutory Order : In pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Yusuf Jamal, Assistant
Section Officer in the CGI, San Francisco to perform Consular services as Assistant Consular Officer with effect from
22 January 2019.
[No.T.4330/02/2019]
PRAKASH CHAND, Director (Consular)
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
985
नई द ली, 28 जनवरी, 2019
का.
का.
का.
का. आ.
आ.
आ.
आ. 319
319
319
319.—राजनियक और क,सुलीय अिधकारी (शपथ एवं फस) के अिधिनयम, 1948 क धारा 2 के खंड (क)
के अनुसरण मA वैधािनक आदेश ।
एतद् 'ारा, कA 3 सरकार भारत के राजदूतावास, दी हेग मA 5ी वUण पंवार, सहायक अनुभाग अिधकारी को दनांक
28 जनवरी 2019 से सहायक क,सुलर अिधकारी के तौर पर क,सुलर सेवाT के िनव?हन के िलए (ािधकृत करती है।
[सं. टी. 4330/01/2015]
(काश च2द, िनदेशक (क,सुलर)
New Delhi, the 28, January, 2019
S.O. 319.—Statutory Order : In pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Varun Panwar,
Assistant Section Officer in Embassy of India, The Hague to perform Consular services as Assistant Consular Officer
with effect from 28 January 2019.
[No.T.4330/01/2015]
PRAKASH CHAND, Director (Consular)
dkfeZd] yksd f'kdk;r rFkk isa'ku ea=ky;
¼dkfeZd vkSj izf'k{k.k foHkkx½
ubZ fnYyh] 22 Qjojh] 2019
dk-vk- 320-&dsUnz ljdkj] fnYyh fo’ks"k iqfyl LFkkiuk vf/kfu;e] 1946 ¼1946 dk vf/kfu;e la 25½ dh /kkjk 5 dh
mi/kkjk ¼1½ lifBr /kkjk 6 }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] izeq[k lfpo x`g] mRrj izns’k 'kklu] y[kuÅ ds
fnukad 12 vizSy] 2018 ds vkns’k la[;k 02 lhchvkbZ@VI&iq-&4&2017&1 ¼24½ ch@2018 ds rgra nh xbZ lgefr ls xEHkhj
/kks[ksckth vUos"k.k laxBu ¼,l-,Q-vkbZ-vks-½ }kjk bu nLrkostksa ds laca/k esa muds vUos"k.k ds nkSjku 07 can feyksa uker%
nsofj;k] cjsyh] y{kehxat] gjnksbZ] jkedksyk] fNrkSuh vkSj ckjkcadh ds Øsrk }kjk izLrqr bZ-vks-vkbZ- lg vkj-,Q-D;w- ,oa vkj-
,Q-ih- lfgr tkyh nLrkostksa dh izLrqfr ds laca/k esa vkSj mRrj izns’k jkT; phuh fuxe fyfeVsM dh fofØr 21 phuh feyksa
ds foØ; esa vkijkf/kd ea’kk ls dh xbZ vfu;ferrkvksa ds laca/k esa tkap@vUos"k.k djus ds fy, rFkk blds vfrfjDr] bl
laca/k esa rFkk mu ekeyksa ds nkSjku vFkok mUgha rF;ksa ls mRiUu vU; vijk/k@vijk/kksa ls lacaf/kr "kM;a= ds laca/k esa Fkkuk&
xkserhuxj] ftyk y[kuÅ esa iathd`r Hkkjrh; n.M lafgrk ¼1860 dh vf/kfu;e la[;k 45½ dh /kkjk 420] 468] 477 ,] 471
,oa /kkjk 629, dEiuh vf/kfu;e] 1956 ds vUrZxr eqdnek vijk/k la[;k & 1409@2017 ds lEiw.kZ mÙkj izns'k esa vkxs
vUos"k.k djus ds fy, fnYyh fo’ks"k iqfyl LFkkiuk ds lnL;ksa ds dk;Z{ks= vkSj 'kfDr;ksa dks ,rn}kjk foLrkfjr djrh gSA
[Qk- la- 228@12@2018&,ohMh-II]
,l- ih- vkj- f=ikBh] voj lfpo
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department Of Personnel And Training)
New Delhi, the 22nd February, 2019
S.O. 320.—In exercise of the powers conferred by sub-section(1) of section 5 read with Section 6 of the Delhi
Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the consent of the State
Government of Uttar Pradesh, conveyed vide Home (Police), Section–4, order No.–02 C.B.I./VI-P-4-2017-1 (24)B/2018,
Lucknow dated 12 April, 2018, hereby extends powers and Jurisdiction of the members of the Delhi Special Police
Establishment in whole of the State of Utter Pradesh for conducting enquiry/ investigation regarding submission of
forged documents with EOI cum RFQ and RFP submitted by purchaser of 7 closed mills viz Deoria, Bareilly,
Laxmiganj, Hardoi, Ramkola, Chittauni and Barabanki as reported by Serious Fraud Investigation Organization (SFIO)
during their investigation regarding these documents and the irregularities committed with a criminal intent in the entire
sale proceedings of 21 sugar mills by the U.P. State Sugar Corporation Ltd. and for further investigation of FIR No.
986
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
1409/2017 under section 420, 468, 477A, 471 IPC and section 629 A Companies Act 1956, registered at P.S. Gomti
Nagar, Distt. Lucknow in this regard and conspiracy in relation there to other offence/offences committed in the course
of the same transaction or arising out of the same facts.
[F. No. 228/12/2018-AVD-II]
S.P.R. TRIPATHI, Under Secy.
नागर िवमानन मंालय
नागर िवमानन मंालय
नागर िवमानन मंालय
नागर िवमानन मंालय
(एएआई अनुभाग
एएआई अनुभाग
एएआई अनुभाग
एएआई अनुभाग)
नई द ली, 11 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 321
321
321
321.—भारतीय िवमानप= तन (ािधकरण अिधिनयम, 1994 (1994 का संV या 55) के खंड 3 तथा खंड 5
के उप-खंड 1(ii) मA (द= त शि+य, के उपयोग से के2 3 सरकार एत4ारा त= काल (भाव से तीन वषW अथवा आगामी आदेश,
तक, इनमA से जो भी पहले हो, नागर िवमानन मं<ालय के िनY निलिखत अिधकाIरय, क िनयुि+ भारतीय िवमानप= तन
(ािधकरण के िनदेशक मंडल मA अंश-कािलक सद8 य के Mप मA करती है:
I
5ी अMण कुमार, अपर सिचव एवं िव= त सलाहकार, नागर िवमानन मं<ालय, सु5ी गाग[ कौल, पूव? अपर सिचव
एवं िव= त सलाहकार, नागर िवमानन मं<ालय के 8 थान पर।
II
5ीमती Mिबना अली, संयु\ त सिचव, नागर िवमानन मं<ालय
[सं. एवी-24015/2/2015-एएआई-एमओसीए]
पी. जे. थॉमस, अवर सिचव
MINISTRY OF CIVIL AVIATION
(AAI Section)
New Delhi, the 11st February, 2019
S.O. 321.—In exercise of the powers conferred under Section 3 and sub-section 1(ii) of Section 5 of the
Airports Authority of India Act, 1994 (No. 55 of 1994), the Central Government hereby appoints following Officers of
the Ministry of Civil Aviation as part-time Members on the Board of Airports Authority of India with immediate effect
for a period of three years or until further orders, whichever is earlier:
I
Shri Arun Kumar, Additional Secretary & Financial Advisor, Ministry of Civil Aviation vice Ms. Gargi Kaul,
former AS&FA, Ministry of Civil Aviation
II
Smt. Rubina Ali, Joint Secretary, Ministry of Civil Aviation
[No. AV-24015/2/2015-AAI-MOCA]
P. J. THOMAS, Under Secy.
dks;yk ea=ky;
ubZ fnYyh] 5 ekpZ] 2019
dk-vk- 322-&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- 6] rkjh[k 2 tuojh] 2018] vkSj tks Hkkjr ds jkti= Hkkx II] [k.M 3] mi&[k.M ¼iia½] rkjh[k
6 tuojh] 2018 esa izdkf’kr dh xbZ Fkh] ml vf/klwpuk ls layXu vuqlwph esa 427-993 gsDVs;j ¼yxHkx½ ;k 1057-57 ,dM+
¼yxHkx½ eki okyh Hkwfe vkSj ml 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(
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
987
vkSj dsUnzh; ljdkj dk iwoksZDr fjiksVZ ij fopkj djus ds i'pkr~ vkSj e/; izns’k ljdkj ls ijke’kZ djus ds i’pkr~
;g lek/kku gks x;k gS fd blls layXu vuqlwph esa of.kZr 427-993 gsDVj ¼yxHkx½ ;k 1057-57 ,dM+ ¼yxHkx½ eki okyh
Hkwfe ds vkSj mlds lHkh vf/kdkj vftZr fd, tkus pkfg,A
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 mDr vuqlwph esa ;Fkkof.kZr 427-993 gsDVj ¼yxHkx½ ;k 1057-57 ,dM+ ¼yxHkx½ eki okyh Hkwfe vkSj
mlds lHkh vf/kdkj vftZr fd, tkrs gSA
bl vf/klwpuk ds vUrxZr vkus okys {ks= ds js[kkad la[;k ,lbZlh,y@ch,lih@th,e@ ¼ih,yth½@ Hkwfe@524]
rkjh[k 19 fnlEcj] 2018 dk fujh{k.k dysDVj] ftyk vuqiiqj ¼e/; izns’k½ 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
f>fj;k if’pe vkslhih] glnso {ks=
ftyk&‘vuqiiqj] e/; izns’k
[ js[kkad la[;k ,lbZlh,y@ch,lih@th,e@¼ih,yth½@Hkwfe@524] rkjh[k 19 fnlEcj] 2018] lHkh vf/kdkj%
¼d½ jktLo Hkwfe%
Lkkj.kh
Lkkj.kh
Lkkj.kh
Lkkj.kh
Øe
la-
xzke dk uke
iVokjh
gYdk la[;k
tujy
la[;k
rglhy
ftyk
{ks= gsDVj esa
fVIif.k;ka
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
¼7½
¼8½
1-
HkyeqMh
225
52
dksrek
vuqiiqj
97-656
“kx
2-
Qqydksuk
229
55
dksrek
vuqiiqj
9-820
“kx
3-
cuxokW
224
51
dksrek
vuqiiqj
1-152
“kx
4-
iMjhVksyk
222
50
dksrek
vuqiiqj
0-950
“kx
dqy % 109.578 gsDVj ¼yxHkx½ ;k 270.77 ,dM+ ¼yxHkx½
¼[k½ ou Hkwfe%
Lkkj.kh
Øe
la-
ou dk uke
dEikVZesaV la[;k
jsat
fMfotu
{ks= gsDVj esa
fVIif.k;ka
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
¼7½
1-
eyxk vkjf{kr ou
496¼Hkkx½]
ih 498¼Hkkx½]
ih 494¼Hkkx½]
ih 488¼Hkkx½]
ih 492¼Hkkx½]
502 ¼Hkkx½
dksrek
vuqiiqj
318-415
“kx
dqy % 318.415 gsDVj ¼yxHkx½ ;k 786.80 ,dM+ ¼yxHkx½
dqy ;ksx ¼d$[k½% 427-993 gsDVj ¼yxHkx½
;k 1057-57 ,dM+ ¼yxHkx½
988
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
jktLo Hkwfe esa vftZr fd, x, IykV la[;kad%
1-
xzke HkyeqMh ¼“kx½ esa vftZr fd, x, IykV la[;k% 5@1 ¼Hkkx½] 5@2 ¼Hkkx½] 6 ls 8] 9 ¼Hkkx½] 10 ls 12] 13 ¼Hkkx½] 18
¼Hkkx½] 20 ls 22] 23 ¼Hkkx½] 24 ls 28] 29 ¼Hkkx½] 56 ¼Hkkx½] 60 ¼Hkkx½] 61 ¼Hkkx½ ls 63 ¼Hkkx½] 73 ¼Hkkx½ ls 75 ¼Hkkx½] 76 ls
116] 117 ¼Hkkx½] 118] 119 ¼Hkkx½] 121 ¼Hkkx½] 122 ¼Hkkx½] 123 ls 132] 133 ¼Hkkx½] 136 ¼Hkkx½] 137 ls 148] 149 ¼Hkkx½] 150 ls
156-
2-
xzke Qqydksuk ¼“kx½ esa vftZr fd, x, IykV la[;k% 1186 ¼Hkkx½] 1187 ¼Hkkx½] 1188 ¼Hkkx½] 1189 ¼Hkkx½] 1288 ¼Hkkx½]
1289 ls 1292] 1293 ¼Hkkx½] 1294 ¼Hkkx½ ls 1296 ¼Hkkx½] 1297-
3-
xzke cuxokW ¼“kx½ esa vftZr fd, x, IykV la[;k% 154 ¼Hkkx½] 156 ¼Hkkx½] 157 ¼Hkkx½] 160 ¼Hkkx½] 161] 164 ¼Hkkx½] 175
¼Hkkx½] 176 ¼Hkkx½
4-
xzke iMjhVksyk ¼“kx½ esa vftZr fd, x, IykV la[;k% 174 ¼Hkkx½
lhek o.kZu %
d&[k js[kk fcUnq **d** ls vkjaHk gksrh gS vkSj xzke MqejdNkj&cuxokW ds Hkkxr% lfEefyr lhek] IykV la[;k 176] 175]
xzke HkyeqMh&cuxokW ds Hkkxr% lfEefyr lhek ls gksrh gqbZ fcUnq **[k** ij feyrh gSA
[k&x
js[kk fcUnq **[k** ls vkjaHk gksrh gS vkSj xzke HkyeqMh ds IykV la[;k 136] 133] 117] 121]122] 119] 117] 73] 74]
75] 63] 29] 60@3] 62] 61] 60@1 ls gksrh gqbZ fcUnq **x** ij feyrh gSA
x&?k
js[kk fcUnq **x** ls vkjaHk gksrh gS vkSj xzke cuxokW ds IykV la[;k 156] 157] 160] 164] 154 ls gksdj xzke
iMjhVksyk esa izos’k dj IykV la[;k 174 ls xqtjrh gqbZ fcUnq **?k** ij feyrh gSA
?k&³
js[kk fcUnq **?k** ls vkjaHk gksrh gS vkSj xzke iMjhVksyk ds IykV la[;k 174 ls gksdj xzke cuxokW esa izos’k djrh gS
,oa IykV la[;k 154] 164] 160] 157] 156 ls gksdj xzke HkyeqMh esa izos’k djrh gS vkSj IykV la[;k 60@1] 56@2] 56@1]
60@1] 60@3] 29] 23] 5@2] 5@1] 9] 13] 18 ls gksrh gqbZ fcUnq **³** ij feyrh gSA
³&p
js[kk fcUnq **³** ls vkjaHk gksrh gS vkSj xzke Qqydksuk ds IykV la[;k 1186] 1187] 1188] 1189] 1288 ls gksrh gqbZ
fcUnq **p** ij feyrh gSA
p&N
js[kk fcUnq **p** ls vkjaHk gksrh gS vkSj xzke Qqydksuk ds IykV la[;k 1297 ds nf{k.kh lhek] 1296] 1295] 1294]
1292] 1293 ls gksrh gqbZ fcUnq **N** ij feyrh gSA
N&d
js[kk fcUnq **N** ls vkjaHk gksrh gS vkSj xzke MqejdNkj ds IykV la[;k 2] 1 ls xqtjrh gqbZ vkjafHkd fcUnq **d** ij
feyrh gSA
[Qk- la- 43015@41@2017 &,y, ,.M vkbZvkj]
jke f’kjksef.k ljkst] mi lfpo
MINISTRY OF COAL
New Delhi, the 5th March, 2019
S.O. 322.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 6,
dated the 2nd January, 2018, 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 6th January, 2018, the Central Government gave notice of its intention to acquire
427.993 hectares (approximately) or 1057.57 acres (approximately) of land and all rights in or over such land 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 Madhya Pradesh, is satisfied that the land measuring 427.993 hectares (approximately) or 1057.57 acres
(approximately) and all rights in or over such land as described in the Schedule appended hereto, should be acquired.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
989
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 427.993 hectares (approximately) or 1057.57 acres (approximately)
and all rights in or over such land as described in the said Schedule are hereby acquired.
The plan bearing number SECL/BSP/GM/(PLG)/LAND/524, date the 19th December, 2018 of the area covered
by this notification may be inspected at the Office of the Collector, District Anuppur (Madhya Pradesh) or at the office
of the Coal Controller, 1, Council House Street, Kolkata – 700001 or at the Office of the South Eastern Coalfield
Limited (Revenue Section), Seepat Road, Bilaspur-495006 (Chhattisgarh).
SCHEDULE
Jhiria West OCP, Hasdeo Area
District Anuppur, Madhya Pradesh
[Plan bearing number SECL/BSP/GM/(PLG)/LAND/524, date the 19th December, 2018 ]
All Rights:
(A) Revenue land:
TABLE
Sl.
No.
Name of village
General
number
Patwari
halka number
Tahsil
District
Area in
hectares
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
1.
Bhalmudi
225
52
Kotma
Anuppur
97.656
Part
2.
Fulkona
229
55
Kotma
Anuppur
9.820
Part
3.
Bangawan
224
51
Kotma
Anuppur
1.152
Part
4.
Padritola
222
50
Kotma
Anuppur
0.950
Part
Total: - 109.578 hectares (approximately) or 270.77 acres (approximately).
(B) Forest land:
TABLE
Sl.
No.
Name of Forest
Compartment number
Range
Division
Area in
hectares
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1.
Malga Reserve
Forest
496(Part), P498(Part),
P494(Part), 488(Part),
P492(Part), 502(Part)
Kotma
Anuppur
318.415
Part
Total: - 318.415 hectares (approximately) or 786.80 acres (approximately).
Grand Total (A+B): 427.993 hectares (approximately)
or 1057.57 acres(approximately)
Plot numbers acquired under revenue land:
1. Plot numbers acquired in village Bhalmudi (Part): 5/1(P), 5/2(P), 6 to 8, 9(P), 10 to 12, 13(P), 18(P), 20 to 22,
23(P), 24 to 28, 29(P), 56(P), 60(P), 61(P) to 63(P), 73(P) to 75(P), 76 to 116, 117(P), 118, 119(P), 121(P), 122(P),
123 to 132, 133(P), 136(P), 137 to 148, 149(P), 150 to 156.
2. Plot numbers acquired in village Fulkona (Part): 1186(P), 1187(P), 1188(P), 1189(P), 1288(P), 1289 to 1292,
1293(P), 1294(P) to 1296(P), 1297.
3. Plot numbers acquired in village Bangawa (Part): 154(P), 156(P), 157(P), 160(P), 161, 164(P), 175(P), 176(P).
4. Plot numbers acquired in village Padritola (Part): 174(P).
Boundary description:
A-B Line starts from point ‘A’ and passes along partly common boundary of villages Dumarkhchhar-Bangawan,
through plot number 176, 175, along partly common boundary of villages Bhalmudi-Bangawan and meets at point
‘B’.
990
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
B-C Line starts from point ‘B’ and passes in village Bhalmudi through plot number 136, 133, 117, 121, 122, 119,
117, 73, 74, 75, 63, 29, 60/3, 62, 61, 60/1 and meets at point ‘C’.
C-D Line starts from point ‘C’ and passes in village Bangawan through plot number 156, 157, 160, 164, 154 and
enter in village Padritola and passes through plot number 174 and meets at point ‘D’.
D-E Line starts from point ‘D’ and passes in village Padritola through plot number 174 then enter in village
Bangawan and passes through plot number 154, 164, 160, 157, 156 then enter in village Bhalmudi and passes through
plot number 60/1, 56/2, 56/1, 60/1, 60/3, 29, 23, 5/2, 5/1, 9, 13, 18 and meets at point ‘E’.
E-F Line starts from point ‘E’ and passes in village Fulkona through plot number 1186, 1187, 1188, 1189, 1288
and meets at point ‘F’.
F-G Line starts from point ‘F’ and passes in village Fulkona along southern boundary of plot number 1297, through
plot number 1296, 1295, 1294, 1292, 1293 and meets at point ‘G’.
G-A Line starts from point ‘G’ and passes in village Dumarkachhar through plot number 2, 1 and meets at starting
point ‘A’.
[ F. No. 43015/41/2017-LA&IR ]
RAM SHIROMANI SAROJ, Dy. Secy.
नई दली, 5 माच?, 2019
का
का
का
का. . . . आ. . . . 323
323
323
323.—के2 3ीय सरकार ने कोयला धारक ]े< (अज?न और िवकास) अिधिनयम, 1957 (1957 का 20)
(िजसे इसमA इसके प^ चात् उ\ त अिधिनयम कहा गया है ) क धारा 4 क उप-धारा (1) के अधीन भारत सरकार के कोयला
मं<ालय 'ारा जारी क गई अिधसूचना संV यांक का. आ. 1470, तारीख 11 अ+ूबर, 2018, जो भारत के राजप<, भाग II,
ख@ ड 3, उप-ख@ ड (ii), तारीख 13 अ+ूबर, 2018 मA (कािशत क गई थी, उ+ अिधसूचना से उपाब_ अनुसूची मA िविन`द?a ट
पIर]े< क भूिम मA िजसका माप 2.495 हे\ टेयर (लगभग) या 6.17 एकड़ (लगभग) है, कोयले का पूवc]ण करने के अपने
आशय क सूचना दी थी;
और, के2 3ीय सरकार का यह समाधान हो गया है क इस अिधसूचना से संलd न अनुसूची मA िविहत उ\ त भूिम के
भाग मA कोयला अिभ(ाe त है ।
अत:, अब, के2 3ीय सरकार उ\ त अिधिनयम क धारा 7 क उप-धारा (1) 'ारा (द= त शि\ तय, का (योग करते 0ए,
इससे संलd न अनुसूची मA वfणgत 2.495 हे\ टेयर (लगभग) या 6.17 एकड़ (लगभग) माप वाली भूिम मA या उस पर के सभी
अिधकार, का अज?न करने के अपने आशय क सूचना देती है ।
ट प
ट प
ट प
ट पण
ण
ण
ण 1 :
1 :
1 :
1 : इस अिधसूचना के अधीन आने वाले ]े< के रेखांक संV यांक एमसीएल/केए/अिधसूचना/2018-19/1091,
तारीख 5 दसYबर, 2018 का िनरी]ण कले\ टर, िजला अंगुल, ओिडशा के काया?लय मA या कोयला िनयं<क, 1, काउंिसल
हाउस 8 iीट, कोलकाता - 700 001 के काया?लय मA या िनदेशक (ओपी), महानदी कोलफjस िलिमटेड, जागृित िवहार,
डाकघर बुला?, िजला सYबलपुर, ओिडशा के काया?लय मA कया जा सकता है ।
ट प
ट प
ट प
ट पण
ण
ण
ण 2 :
2 :
2 :
2 : उ\ त अिधिनयम क धारा 8 के उपबंध, क ओर k यान आकृa ट कया जाता है, िजसमA अज?न के संबंध मA आपि)याँ,
िनmिलिखत उपबंध है:-
‘’8. (1) कोई n यि\ त जो कसी भूिम मA, िजसके संबंध मA धारा 7 के अधीन अिधसूचना िनकाली गई है, िहतब_ है,
अिधसूचना के जारी कए जाने से तीस दन के भीतर सY पूण? भूिम या उसके कसी भाग या ऐसी भूिम मA या उस पर
के क2 हp अिधकार, का अज?न कए जाने के बारे मA आपि= त कर सकेगा ।
प
प
प
प टी
टी
टी
टीकरण
करण
करण
करण.— इस धारा के अथा?2तग?त यह आपि= त नहp मानी जाएगी, क कोई n यि\ त कसी भूिम मA कोयला उ= पादन के
िलए 8 वयं खनन संqयाएं करना चाहता है और ऐसी संqयाएं के2 3ीय सरकार या कसी अ2 य n यि\ त को नहp करनी चािहए।
2. उप-धारा (1) के अधीन (= येक आपि= त स]म (ािधकारी को िलिखत मA क जाएगी और स]म (ािधकारी,
आपि= तकता? को 8 वयं सुने जाने या िविध n यवसायी 'ारा सुनवाई का अवसर देगा और ऐसी सभी आपि= तय, को
सुनने के प^ चात् और ऐसी अितIर\ त जांच, यद कोई हो, करने के प^ चात् जो वह आव^ यक समझता है, वह या तो
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
991
धारा 7 क उप-धारा (1) के अधीन अिधसूिचत भूिम के या ऐसी भूिम मA या उस पर के अिधकार, के संबंध मA एक
Iरपोट? या ऐसी भूिम के िविभ2 न टुकड़, या ऐसी भूिम मA या उस पर के अिधकार, के संबंध मA आपि= तय, पर अपनी
िसफाIरश, और उसके 'ारा क गई काय?वाही के अिभलेख सिहत िविभ2 न Iरपोट? के2 3ीय सरकार को उसके
िविन^ चय के िलए देगा ।
3. इस धारा के (योजन, के िलए वह n यि\ त कसी भूिम मA िहतब_ समझा जाएगा जो (ितकर मA िहत का दावा करने
का हकदार हो, यद भूिम या ऐसी भूिम मA या उस पर के अिधकार इस अिधिनयम के अधीन अLज?त कर िलए जाते
ह।‘’
ट प
ट प
ट प
ट पण 3
ण 3
ण 3
ण 3: : : : के2 3ीय सरकार ने कोयला िनयं<क, 1, काउंिसल हाउस 8 iीट, कोलकाता - 700 001 को उ\ त अिधिनयम क
धारा 3 के अधीन अिधसूचना संV यांक का. आ. 2015, तारीख 10 जुलाई, 1995, जो भारत के राजप<, भाग II, खंड 3,
उप-खंड (ii) मA तारीख 22 जुलाई,1995 को (कािशत क गयी थी, 'ारा स]म (ािधकारी िनयु\ त कया गया है ।
अनुसूची
अनुसूची
अनुसूची
अनुसूची
किनहा कोल लॉक
किनहा कोल लॉक
किनहा कोल लॉक
किनहा कोल लॉक
िजला अंगुल
िजला अंगुल
िजला अंगुल
िजला अंगुल, , , , राय ओिडशा
राय ओिडशा
राय ओिडशा
राय ओिडशा
[ रेखांक संV यांक एमसीएल/केए/अिधसूचना/2018-19/1091, तारीख 5 दसYबर, 2018]
सभी अिधकार:
सभी अिधकार:
सभी अिधकार:
सभी अिधकार:
qम सं. ाम का नाम
ाम
संVया
पटवारी
हका
/जेएल
संVया
तहसील/
पुिलस
8टेशन
िजला
]े<
हे\टेयर मA
)
लगभग
(
]े<
एकड़ मA
(लगभग)
Iटeपिणयां
1
कंसामुंडा
63
136
किनहा
अंगुल
0.449
1.11
भाग
2
किनहा
60
131
किनहा
अंगुल
1.477
3.65
भाग
3
छेिलया
108
175
किनहा
अंगुल
0.032
0.08
भाग
4
पथरामुंडा
91
178
किनहा
अंगुल
0.473
1.17
भाग
5
तेलीNसंघा
90
177
किनहा
अंगुल
0.040
0.10
भाग
6
गुंडुरीनाली
88
159
किनहा
अंगुल
0.024
0.06
भाग
(1)
ाम
कंसामुंडा
मA
अLज?त
कए
जाने
वाले
eलाट
संVयांक:
4406/4905,1691/4893,1694/
4894,1913,1914,1915,1924,1925,1928,1933,1926,1927,1929,1932/4377,1930,1931,1932, 3970/ 4350,
4042/4966, 4042/4967.
(2) ाम किनहा मA अLज?त कए जाने वाले eलाट संVयांक: 1596, 926/1775, 1559/1687, 1597,1598,1599/1780,
910/1839,1006/1821,1006/1799,1006/1820,1638/1824,1638/1836,1639/1837,1638/1835,1638/183,
1638/1823,741/1825,741/1826,1595, 1599,1598/1691,1595/1745.
(3) ाम किनहा मA अLज?त कए जाने वाले eलाट संVयांक: 1231/1681.
(4) ाम पथरामुंडा मA अLज?त कए जाने वाले eलाट संVयांक: 1335, 228/3328, 120/3265, 120/3457.
(5) ाम तेलीNसंघा मA अLज?त कए जाने वाले eलाट संVयांक: 2051/2533.
(6) ाम गुंडुरीनाली मA अLज?त कए जाने वाले eलाट संVयांक: 1039/1707.
अLज?त कए जाने वाले भूिम का िववरण नीचे तािलका मA दया गया है:
992
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
अनुसूची
अनुसूची
अनुसूची
अनुसूची
ाम
खाता
सं.
लाट
सं.
क म े
(एकड़
म)
अिभिलिखत
अिभधृित
(आरटी) का
नाम
आर.टी.
के
िपता
का
नाम
मोबाइल संया
टपिणयां
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
कंसामुंडा
252/
16
4406/
4905
टी/1
0.16
थबीर
च ा
!धान
घासीनाथ
!धान
9937293293
अिभधृित
भूिम
251
1691/
4893
एस/1
0.17
हादी,
झा%,
िब वाल
नीता
िब वाल
9778772929
-वही-
1694/
4894
एस/1
0.07
वही
वही
वही
वही
14
1913
एस/2
0.01
ऊजल सा) और
साहेब,
खागा
सा)
पित
पंजई
सा)
और
सुपु
कथई
सा)
9861221444
वही
137
1914
एस/2
0.01
!दीप
कुमार
सा) और गुआ
सा)
हरमोहन
सा)
और
पित
िब0बाधर
सा)
9178275083
वही
221
1915
एस/2
0.02
रामा
च ा
वैन,
जडुनाथ वैन
बैझाली वैन
7894001308
वही
252/
357
1924
एस/2
0.03
बंसीधर
सा)
सुक% सा)
9861124768
वही
203
1925
एस/2
0.02
मदन िब वाल,
सनखली
और
अरािखता
िब वाल
मगुनी
िब वाल और
िभकरी
िब वाल
7008471951
वही
1928
एस/2
0.01
वही
वही
वही
वही
1933
एस/2
0.09
वही
वही
वही
वही
60
1926
एस/2
0.02
चखदी सा)
पित
ई5र
सा)
उपल7ध नह9
वही
1927
एस/2
0.01
वही
वही
वही
वही
48
1929
एस/2
0.01
गोकुलच ा,
नरो:म, िबशा,
सुफाला बेहरा.
सानू बेहरा
7894225012
वही
1932/
4377
एस/2
0.01
वही
वही
वही
वही
90
1930
एस/2
0.01
दया,
िबदेशी,
गो;बंदा
बेहरा
मधु
बेहरा
और महारगा
9668748908
वही
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
993
और
नीलामिण,
पूणा=च ा,
दबाकर
बेहरा.
बेहरा
32
1931
एस/2
0.03
कुलमिण गांधी,
च ी, गु%बरी,
बुधई,
मांजरी
वैन
इकदुिसया
वैन
9437595554
वही
197
1932
एस/2
0.02
भागीरथी
ऊछाब,
खाऊदुनी वैन
सुरे ा वैन
9777144001
वही
204
3970/
4350
टी/2
0.20
मदन िब वाल
मगुनी
िब वाल
7008471951
वही
252/
73
4042/
4966
एस/1
0.12
महा!साद
!धान
नाबाघन
!धान
9778321191
वही
252/
74
4042/
4967
एस/1
0.08
भूबने5री
!धान
!ताप च ा
!धान
8763760151
वही
कुल: (ाम कंसामुंडा): 1.11 एकड़
कुल: (ाम कंसामुंडा): 1.11 एकड़
कुल: (ाम कंसामुंडा): 1.11 एकड़
कुल: (ाम कंसामुंडा): 1.11 एकड़
किनहा
22
1596
एस/3
0.10 घाना बहेरा
हाडी बहेरा
उपल7ध नह9
अिभधृित
भूिम
58
926/
1775
टी/2
0.25 !ाणाबंधु,
पदमानव,
!हलाद
च ा
!धान
और
!ताप
च
!धान,
!बीन
कुमार !धान.
परमानंदा
!धान
और
नीला0बर
!धान
9439351218
वही
59
1559/
1687
टी/2
0.10 पीता0बर दे@रे
साहेब दे@रे
9861614575
वही
80
1597
एस/3
0.12
मऊदा
नायक
और िगरधारी,
दया,
रतना,
पंकज नायक
पAी – बसु
नायक और
सुपु
साना नायक
7873572110
वही
1598
एस/3
0.05
वही
वही
वही
वही
1599/
1780
टी/2
0.13 वही
वही
वही
वही
108/6
910/
1839
जीबी
0.04
भूबने5री
!धान
!ताप च ा
!धान
8763760151
वही
994
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
108/8
1006/
1821
जीबी
0.22
थाबीर
च ा
सा)
भा कर सा)
9437486897
वही
108/9
1006/
1799
जीबी
0.22
नबाघान !धान
सुदश=न !धान
9778321191
वही
108/11
1006/
1820
जीबी
0.22 रमेश च
सा)
बाजी सा)
9861336041
वही
99/32
1638/
1824
एस/3
0.09 संजीब
कुमार
सा) और सुशील
कुमार सा)
बंसीधर सा)
और
िबDयाधर
सा)
8637252744
वही
1638/
1836
एस/3
0.04
वही
वही
वही
वही
1639/
1837
एस/3
0.11
वही
वही
वही
वही
99/28
1638/
1835
एस/3
0.200
चं ामिण
नायक,
गौरंग
चरन नायक
देबहारी
नायक
9437616041
वही
108/2
1638/
1833
जीबी
0.025
ि लोचन !धान चं मिण
!धान
7077951758
वही
99/24
1638/
1823
एस/3
0.025 नरेश च सा)
िनEयानंद
सा)
9437147296
वही
99/16
741/
1825
एस/1
0.300
पलऊ नायक
मदन नायक
7978172909
वही
99/17
741/
1826
एस/1
0.290
सं कार नायक
पलऊ नायक
7978172909
वही
कुल: 2.53 एकड़
कुल: 2.53 एकड़
कुल: 2.53 एकड़
कुल: 2.53 एकड़
106
1595
टी/2
0.15
अनाबदी
(सरकारी)
सरकारी
उपल7ध नह9
सरकारी
भूिम
1599
टी/2
0.85
वही
वही
वही
वही
1598/
1691
एस/3
0.05
वही
वही
वही
वही
1595/
1745
एस/3
0.07
वही
वही
वही
वही
कुल: 1.12 एकड़
कुल: 1.12 एकड़
कुल: 1.12 एकड़
कुल: 1.12 एकड़
कुल (ाम किनहा): 2.53
कुल (ाम किनहा): 2.53
कुल (ाम किनहा): 2.53
कुल (ाम किनहा): 2.53 +1.12
1.12
1.12
1.12 =
=
=
= 3.65 एकड़ (का तकारी भूिम
3.65 एकड़ (का तकारी भूिम
3.65 एकड़ (का तकारी भूिम
3.65 एकड़ (का तकारी भूिम+सरकारी भूिम )
सरकारी भूिम )
सरकारी भूिम )
सरकारी भूिम )
छेिलया
146
1231/
1681
टी/2
0.08
हदीबंधु सा)
सट% सा)
9437234315
अिभधृित
भूिम
कुल: (ाम छेिलया): 0.08 एकड
कुल: (ाम छेिलया): 0.08 एकड
कुल: (ाम छेिलया): 0.08 एकड
कुल: (ाम छेिलया): 0.08 एकड
पथरामुंडा
76
1335
एस/2
0.05
पानू,
क%णा,
मामी,
उतमा
भाजी सा)
9778417910
अिभधृित
भूिम
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
995
सु%मा सा)
147
228/
3328
एस/2
0.04
सागर सा)
कFयाण सा)
7381320512
वही
92
120/
3265
टी/2
0.92
बीटा सा)
हादी सा)
9337976852
वही
166/19
120/
3457
जीबी
0.16
मोहन सा)
नकूल सा) ,
दबाकर
सा),
नीलादरी सा)
बीटा सा)
9337976852
वही
कुल: (ाम पथरामुंडा ): 1.17 एकड़
कुल: (ाम पथरामुंडा ): 1.17 एकड़
कुल: (ाम पथरामुंडा ): 1.17 एकड़
कुल: (ाम पथरामुंडा ): 1.17 एकड़
तेली;संघा
31
2051/
2533
एस/1
0.10
कुतरथा सा)
किपला सा)
9668649760
अिभधृित
भूिम
कुल: (ाम तेती*संघा ): 0.10 एकड़
कुल: (ाम तेती*संघा ): 0.10 एकड़
कुल: (ाम तेती*संघा ): 0.10 एकड़
कुल: (ाम तेती*संघा ): 0.10 एकड़
गुंडुरीनाली
110
1039/
1707
पितता
0.06
सEयनारायण
गणनायक,
आशा दास,
दुिहता दास,
देई मोहंते,
केरा मोहंते और
दीबाकर
गणनायक,
जानकG ;संह
वैपनेH वर
गणनायक
और
अिधकारी
गणनायक
8763021600
अिभधृित
भूिम
कुल: (ाम गुंडुरीनाली ): 0.06 एकड़
कुल: (ाम गुंडुरीनाली ): 0.06 एकड़
कुल: (ाम गुंडुरीनाली ): 0.06 एकड़
कुल: (ाम गुंडुरीनाली ): 0.06 एकड़
कुल जोड़ : 6.17 एकड़
कुल जोड़ : 6.17 एकड़
कुल जोड़ : 6.17 एकड़
कुल जोड़ : 6.17 एकड़
सीमा िववरण:
सीमा िववरण:
सीमा िववरण:
सीमा िववरण:
लॉक
लॉक
लॉक
लॉक- ‘क’ : : : :
ठ – ड : रेखा िब2दु '' ठ '' से (ारंभ होती है जो कंसामुंडा, किनहा ाम और गोहीराडंडा आर.एफ. के िमलन िब2दु
(ि<-जं\शन) पर ि8थत िपलर के पास ि8थत है । इसके बाद यह किनहा और कंसामुंडा ाम क सिYमिलत सीमा के साथ
चलती 0ई पूव? दशा जाती 0ई कंसामुंडा ाम क eलॉट संVया 1507,1508,1509,क उ)री सीमा होते 0ए कंसामुंडा ाम
क eलॉट संVया 1509 के उ)र-पूव? कोने तक जाती है । इसके पvात,रेखा किनहा ाम मA (वेश करती है और उ)र दशा मA
जाती 0ई eलॉट संVया 1777 के पिvम,उ)र एवं पूव? सीमा को छूती है । eलॉट संVया 966 क उ)री सीमा को भगतः से
छूती 0ई eलॉट संVया 981 के उ)री कोने तक जाती है । यही रेखा eलॉट संVया 980,979.1027 क उ)री सीमा, eलॉट
संVया 1026 क उ)र- पूव[ कोने क तरफ जाती 0ई eलॉट संVया 1026 के उ)र- पूव[ कोने तक जाती है । रेखा उ)र-पूव?
दशा मA eलॉट संVया 1021 क उ)र-पिvम सीमा के साथ जाती 0ई , eलॉट संVया 1020 क पिvमी और उ)र सीमा से
भागतः Mप से तथा eलॉट संVया 1008,1009,1146 क उ)री सीमा के साथ जरडा और किनहा ाम क पिvमी छोर तक
जाती है । इस ाम क सड़क को पार करने के बाद रेखा eलॉट संVया 1641 क उ)री सीमा के साथ किनहा और पथरमुंडा
ाम क सिYमिलत सीमा के साथ बढ़ती है । इसके बाद रेखा पथरमुंडा ाम मA (वेश करती है और eलॉट संVया 138 क
पिvमी सीमा के साथ भागतः दि]ण दशा मA जाती 0ई इसी eलॉट के दि]ण- पिvम कोने तक जाती है । इसके बाद eलॉट
संVया 138,3197 क दि]णी सीमा के साथ रेखा पूव? क तरफ जाती 0ई eलॉट संVया 3197 के दि]ण-पूव[ कोने तक
996
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
जाती है । यही रेखा उ)र- पूव? दशा मA जाती 0ई eलॉट संVया 142 क सीमा के साथ भागतः Mप से ,eलॉट संVया
175,176 क उ)री सीमा, eलॉट संVया 456,455,453 क दि]णी सीमा के साथ जाती 0ई eलॉट संVया 453 के दि]ण-
पूव? कोने तक जाती है । यह उ)र दशा क ओर मुड़ती 0ई eलॉट संVया 453 क पूव[ सीमा तक जाती 0ई eलॉट संVया 452
के उ)र-पिvम कोने तक जाती है । यह रेखा eलॉट संVया 564,565, 566,579,3218,584 एवं 586 क दि]णी सीमा के
साथ पूव? दशा मे जाती 0ई eलॉट संVया 586 के दि]ण – पूव? कोने तक जाते है । पुनः यह रेखा उ)र क ओर मुड़ती है और
इसी eलॉट क पूव[ सीमा तक होती 0ई eलॉट संVया 586 के उ)री कोने तक जाती है । यह पूव? दशा क ओर मुड़ती 0ई
eलॉट संVया 574,590 क दि]णी सीमा को आंिशक Mप तक जाती 0ई eलॉट संVया 590 के दि]ण-पूव? कोने तक जाती है ।
इसके पvात,रेखा दि]ण-पूव? दशा क और जाती 0ई eलॉट संVया 589,588 क पिvमी सीमा के साथ eलॉट संVया 587 क
दि]णी सीमा को भागतः होती 0ई eलॉट संVया 596,598,599 क दि]णी सीमा से होती 0ई िब2दु “ड” को छूती है जो
पथरमूडा और तेिलNसंघा सड़क के पिvमी क ओर ि8थत है ।
ड – ढ : रेखा “ड” से (ारंभ होती है और दि]ण दशा क ओर मुड़ती 0ई पथरमुंडा और तेिलNसंघा सड़क के पूव[ सीमा के
साथ दि]ण दशा क ओर बढ़ती 0ई eलॉट संVया 3166 के उ)री कोने तक जा कर िब2दु “ढ” पर िमलती है ।
ढ – ण : रेखा “ढ” से (ारंभ होकर, तेिलNसंघा और पथरमुंडा ाम सड़क को पार करने के पvात रेखा eलॉट संVया 355 क
पूव[ सीमा के साथ भागतः होकर दि]ण दशा क ओर मुड़ती है । इसके बाद eलॉट संVया 355 क दि]ण दशा क सीमा के
साथ चलती 0ई पिvम दशा क आर मुड़ती है और eलॉट संVया 3271 क पूव[ सीमा के साथ जाती 0ई दि]ण क तरफ
जाती है । इसके बाद यह इसी eलॉट क दि]णी सीमा के साथ पिvम क ओर जाती है और इसी eलॉट क पिvमी सीमा
के साथ उ)र क ओर मुड़ती है । यही रेखा eलॉट संVया 341 क पिvमी सीमा , eलॉट संVया 340 क पूव[ सीमा के साथ
भाग से,eलॉट संVया 337,336 क पूव[ सीमा,334 क पूव? और दि]णी सीमा,3234,3293 क दि]णी सीमा के साथ
पिvमी दशा क ओर बढ़कर eलॉट संVया 3293 क दि]ण-पिvम कोने से होते 0ई िब2दु “ण” पर िमलती है ।
ण-त : रेखा िब2दु “ण” से (ारYभ होकर eलॉट संVया 3293 क पिvम-उ)र सीमा के साथ चलती 0ई eलॉट संVया
327,326 क उ)री सीमा eलॉट संVया 325,324,323 क पिvमी सीमा ,eलॉट संVया 322,321 क दि]णी-पिvमी
सीमा,eलॉट संVया 3188,270,271,272 क दि]णी सीमा ,eलॉट संVया 284,286 क पूव[ सीमा ,eलॉट संVया 287,288
क उ)र-पूव? सीमा ,eलॉट संVया 2357 क उ)री पूव?-दि]णी सीमा ,eलॉट संVया 300,301 क पूव[ सीमा,eलॉट संVया
301 क दि]णी-पिvमी सीमा,eलॉट संVया 299,298,297,296,295,292,291,289 क पिvमी सीमा और eलॉट संVया
3263 क दि]णी तथा भागतः पिvमी सीमा,eलॉट संVया 3286 क दि]णी सीमा,eलॉट संVया 3286,3275 क पिvमी
सीमा ,eलॉट संVया 3191 क दि]णी-पिvमी सीमा से होकर जाती है । इसके बाद रेखा पिvम क और मुड़ती है और eलॉट
संVया 3196 क दि]णी सीमा ,eलॉट संVया 137 क दि]ण-पूव? सीमा के साथ चलती है । इसके बाद रेखा दि]ण दशा क
ओर जाती है और किनहा से जरडा तक जाने वाले ाम सड़क क पूव[ सीमा के साथ चलती 0ई eलॉट संVया 61 के उ)री
कोने तक जाती है । इसके बाद यह दि]ण दशा क ओर चलती 0ई eलॉट संVया 3266 क दि]ण-पिvम सीमा से होकर
eलॉट संVया 120 क भागतः दि]णी सीमा से होती 0ई िब2दु "त" तक जाती है ।
त – थ: रेखा िब2दु “त” से (ारंभ होती है जो पथरमुंडा ाम क eलॉट संVया 93 के उ)र-पूव[ कोने पर ि8तथ है और eलॉट
संVया 93,94 क पूव[ सीमा के साथ होती 0ई eलॉट संVया 105 के उ)र-पूव? और भागतः पिvमी सीमा,eलॉट संVया
106,119,118,116 क पूव[ सीमा से होकर जाती है तथा तेलीNसंघा और पथरमुंडा ाम क सिYमिलत सीमा के साथ
चलती है । यह रेखा बाई जं\शन िपलर को पार करने के बाद eलॉट संVया 3294 को आंिशक Mप से पार करती है । इसके
पvात,eलॉट संVया 3294 भागतः क उ)री सीमा होते 0ए बाई जं\शन िपलर को पार करने के पvात यह eलॉट संVया
3294 को भागतः साथ-साथ होती 0ई eलॉट संVया 3291 क उ)री और पूव[ सीमा के साथ चलती है । पुनः रेखा तेलीNसंघा
और पथरमुंडा ाम, क सिYमिलत सीमा के साथ चलती है । बाई –जं\शन िपलर को पार करने के पvात रेखा eलॉट संVया
322 क पिvमी सीमा तथा eलॉट संVया 319 क पूव[,उ)री तथा पिvमी सीमा के साथ चलती है । पुनः रेखा eलॉट संVया
322 क पूव[ सीमा के साथ-साथ उ2हp ाम, के सिYमिलत सीमा तक जाती है । रेखा ाम क सीमा के साथ पूव[ दशा क
ओर चलती 0ई िब2दु “थ” तक जाती है ।
थ-द: रेखा िब2दु “थ” से (ारंभ होती है जो तेलीNसंघा ाम क eलॉट संVया 710 के उ)र-पूव? कोने पर ि8थत है । तब, रेखा
eलॉट संVया 3123,3124,3128,3129,3144 क पिvमी सीमा के साथ होती 0ई eलॉट संVया 3145 क पिvमी और
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
997
दि]णी सीमा,eलॉट संVया 3146,3147 क दि]णी सीमा,eलॉट संVया 3151 क पिvमी सीमा ,eलॉट संVया 3152 क
पिvम और दि]ण क ओर से तेलीNसंघा और पथरमुंडा ाम क सिYमिलत सीमा पर बाई-जं\शन िपलर तक प0ँचती है ।
इसके पvात रेखा तेलीNसंघा ाम मA (वेश करती है और eलॉट संVया 771 के दि]ण-पिvम मA िब2दु “द” तक जाती है ।
द- ध : रेखा िब2दु “द” से (ारंभ होती है जो eलॉट संVया 772 के उ)र-पिvम कोने और तेलीNसंघा रोड के उ)र-पिvम क
ओर ि8थत है । रेखा “द - ध” उ)र-पूव? दशा क ओर eलॉट संVया 771 क उ)र-पूव? तरफ से चलती 0ई िब2दु “ध” तक
जाती है ।
ध- न : रेखा िब2दु “ध” से (ारंभ होती है जो तेलीNसंघा,आYबपाल और बीजीगोल ाम, के ि<-जं\शन िपलर पर ि8थत है ।
तब रेखा तेलीNसंघा और बीजीगोल ाम क सिYमिलत सीमा के साथ चलती 0ई उ)र-पिvम दशा क और बढ़कर
तेलीNसंघा,लोधाबंध और बीजीगोल ाम, के ि< -जं\शन िपलर तक जाती है । पुनः यह रेखा उ)र दशा क ओर मुड़ती है
और पथरमुंडा और लोधाबंध ाम, क सिYमिलत सीमा से होती 0ई िब2दु “न” तक जाती है ।
न-प: रेखा िब2दु “न“ से (ारYभ होती है जो पथरामुंडा ाम क eलॉट संVया 2849 के उ)र- पूव[ कोने पर ि8थत है। फर
यह रेखा eलॉट संVया 2849, 2848, 2854 और 2855 क उ)री सीमा के साथ चलती है। इसके बाद यह उ)र-पूव? दशा
क ओर मुड़ती है और eलॉट संVया 2844 सड़क के पूव[ कनारे से होकर जाती है। इसके बाद यह eलॉट संVया 2737,
2736, 2739, 2741 और 2805 क पूव[ सीमा से होकर जाती है। यह रेखा eलॉट संVया 2805, 2801, 2800, 2790,
2791 क उ)री सीमा के साथ पिvम दशा क ओर चलती 0ई पथरमुंडा ब8ती मA (वेश करती है और eलॉट संVया 1821,
1818 क उ)री सीमा के साथ चलती है। इसके बाद eलॉट संVया 1813 क पिvमी सीमा, 1813 क उ)री सीमा, 1548
क पूव[ सीमा और 1548, 1547, 1546, 1545 क उ)री सीमा से होकर गुजरती और दि]ण दशा क ओर eलॉट संVया
1545 क पिvमी सीमा के साथ चलती है। पुनः यह पिvम दशा क ओर eलॉट संVया 1560 के उ)र-पिvम कोने और
3256, 1526, 1541 क उ)री सीमा के साथ मुड़ती है। पुनः यह दि]ण दशा क ओर eलॉट संVया 1540 क पूव[ सीमा
और 1539, 1537, 1533 क उ)री सीमा के साथ मुड़ती है। इसके पvात, यह दि]ण दशा क ओर मुड़ती 0ई eलॉट संVया
1533 क पिvमी सीमा और 1534 क भागतः सीमा के साथ चलती है। इसके बाद यह रेखा उ)र दशा क ओर मुड़ती है
तथा 1525 के पूव[ कनारे के साथ 1526, 1522, 1514 क उ)री सीमा और 1513 के भाग के साथ चलती है। इसके
पvात, यह 1295 क पूव[ सीमा 1295 क उ)री सीमा, 1295 क आंिशक पिvमी सीमा से होकर गुजरती है। पुनः यह
eलॉट संVया 3250 क उ)री सीमा को पार करती है एवं 1354 क सीमा को आंिशक छूती है। इसके बाद रेखा उ)री दशा
क ओर eलॉट संVया 1353, 1323, 1322 के पूव[ कनारे के साथ चलती है। इसके बाद यह eलॉट संVया 1322 क उ)री
सीमा, eलॉट संVया 1320 क उ)र-पूव?, eलॉट संVया 1319 क उ)री सीमा, eलॉट संVया 1319 क भागतः पिvमी सीमा,
eलॉट संVया 1316, 1315 क उ)री सीमा से होकर जाती 0ई गाँव क सड़क को छूती है। इस सड़क को पार करने के बाद
रेखा eलॉट संVया 603, 602 क दि]णी सीमा, eलॉट संVया 602 क पिvमी, eलॉट संVया 515 क पूव?-उ)र सीमा से
होकर गुजरती है। पुनः यह eलॉट संVया 517 क भागतः पिvम, eलॉट संVया 518 क दि]ण, eलॉट संVया 519 क भागतः
पूव?, eलॉट संVया 519 क दि]ण, eलॉट संVया 519 क पिvम से होकर गुजरती है। इसके पvात, यह eलॉट संVया 521,
522, 523 क दि]ण-पिvम से होकर गुजरती है। पुनः यह रेखा eलॉट संVया 523 क पिvम, eलॉट संVया 523 के उ)र से
होकर गुजरती है। इसके पvात, यह eलॉट संVया 524 क उ)री सीमा, eलॉट संVया 525 के पूव?, eलॉट संVया 525, 526 के
उ)र, eलॉट संVया 527 के पूव?, eलॉट संVया 3242, 530 के उ)र, eलॉट संVया 530 के पिvम से होकर गुजरती है। इसके
पvात eलॉट संVया 534 के उ)र, eलॉट संVया 535 के पूव?, eलॉट संVया 535, 468 के उ)र से होकर गुजरती है। इसके
पvात, यह रेखा eलॉट संVया 3341 के भागतः पूव[ भाग, eलॉट संVया 3341 के उ)र, eलॉट संVया 3341 के पिvम, eलॉट
संVया 3225 के दि]ण के साथ उ)र क ओर मुड़ती है। इसके पvात, यह रेखा किनहा और पथरमुंडा क सिYमिलत सीमा को
छूती है और उ)र क ओर मुड़ती है तथा उसी गाँव क सीमा के साथ बढ़ती 0ई किनहा ब8ती के बाई-जं\शन िपलर तक जाती
है । फर, यह रेखा किनहा ब8ती क दि]ण सीमा साथ बढ़ती 0ई किनहा-जरडा ाम सड़क eलॉट संVया 1148 के िब2दु “प”
को छूती है।
प-फ: रेखा िब2दु “प” से (ारंभ होती है और उ)र दशा क ओर मुड़ती है, किनहा ब8ती सीमा के पिvमी कनारे के साथ
आगे बढ़ते 0ए eलॉट संVया 627 के पूव[ कोने तक जाती है जो िब2दु “फ” है।
998
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
फ-ब: रेखा िब2दु “फ” से (ारंभ होती है और eलॉट संVया 627, 625, 624 और 623 क उतरी सीमा से होकर गुजरती है,
फर यह eलॉट संVया 635, 636 क पिvमी सीमा, eलॉट संVया 638, 640, 641, 642, 644,646, 647,क उ)री सीमा
तथा 648 से भागतः गुजरती है। इसके पvात, यह eलॉट सं.648, 650, 651, 653, 654, 1650 क पिvमी सीमा, eलॉट
संVया 742 क उ)री सीमा, eलॉट संVया 743 क उ)री-पूव[, eलॉट संVया 750, 751 के आंिशक उ)र, eलॉट संVया 752
के पूव?, eलॉट संVया 752 के उ)र, eलॉट संVया 772 के आंिशक पिvम से होती 0ई पुनः यह रेखा eलॉट संVया 753, 754,
755, 770, 771, 772, 773 क उ)री सीमा, eलॉट संVया 773, 768 क पिvमी सीमा और 1784 क आंिशक उ)र-
पिvम सीमा से होकर गुजरती है। इसके पvात, यह eलॉट सं॰ 777 के उ)र eलॉट संVया 777 के पिvम eलॉट संVया 779 के
उ)र से होकर गुजरती है। इसके पvात यह रेखा पिvम दशा क ओर मुड़कर eलॉट संVया 792, 858, 857 क उ)री
सीमा और eलॉट संVया 857 के भागतः पिvम, eलॉट संVया 839 के उ)र, eलॉट संVया 839 के पिvमी कनारे के साथ
चलती है। इसके पvात, यह eलॉट संVया 856 क भागतः पिvमी सीमा, eलॉट संVया 852, 856 के पिvम, eलॉट संVया
856 उ)र-पिvमी सीमा के साथ गुजरती है। इसके पvात, यह रेखा पूव? दशा क ओर मुड़कर eलॉट संVया 856 क पिvम
सीमा, eलॉट संVया 865, 866 क दि]णी सीमा संVया eलॉट संVया 869 क पिvमी सीमा, eलॉट संVया 868 क दि]णी
सीमा के साथ चलती है। इसके पvात, ये रेखा दि]णी दशा क ओर मुड़कर eलॉट संVया 869 क भागतः पिvमी सीमा के
साथ चलती 0ई सड़क के उ)री कनारे तक प0ँचती है और पिvम दशा क ओर मुड़ती है और इसी सड़क के उ)री कनारे के
साथ बढ़ती 0ई गोिहरादंडा आर.एफ. और किनहा गाँव के बाई - जं\शन िपलर के िब2दु ”ब” तक जाती है।
ब-ठ: पुनः यह रेखा दि]णी दशा क ओर किनहा ाम और गोिहरादंडा आर.एफ. क सिYमिलत सीमा के साथ चलती 0ई
इस गाँव के बाई जं\शन िपलर क छूती है तथा िब2दु “ठ” पर िमलती है।
लॉक
लॉक
लॉक
लॉक – ‘ख’ : : : :
ट-ञ: रेखा िब2दु “ट” से (ारंभ होती है जो जयपुर और कंसामुंडा ाम क सिYमिलत सीमा और eलॉट संVया 280 तथा 4003
क सिYमिलत सीमा पर ि8थत है। फर, यह पिvम दशा क ओर उसी सिYमिलत ाम सीमा के साथ बढ़ती 0ई कंसामुंडा
ाम क eलॉट संVया 3894 के दि]ण-पिvम कोने के िब2दु “ञ” को छूती है।
ञ-झ: रेखा िब2दु “ञ” से (ारंभ होती है जो उ)र दशा क ओर मुड़ जाती है। रेखा कंसामुंडा गाँव मA (वेश करती है और eलॉट
संVया 3894, 3886, 3885, 3881 3880, 3879, 3874 क पिvमी सीमा को छूती 0ई नाला तक जाती है, इसके पvात,
यह दि]ण-पिvम दशा क ओर मुड़ती है और उसी नाले के दि]णी कनारे के साथ आगे बढ़ती है इसके पvात, यह उ)र
दशा क ओर मुड़ती है और eलॉट संVया 3915, 3928, 3688, 4510, 4511, 4512 क पिvमी सीमा के साथ चलती 0ई
eलॉट संVया 3615 के दि]ण-पिvम कोने तक प0ँचती है, इसके पvात यह रेखा उ)र-पिvम दशा क ओर मुड़ती और
eलॉट संVया 4515 क पिvमी सीमा से होकर गुजरती है, इसके पvात यह उ)र दशा क ओर मुड़ती है और सड़क पार
करती 0ई eलॉट संVया 1959 क पिvमी सीमा के साथ आगे बदती 0ई eलॉट संVया 1959 के उ)र-पिvम कोने तक जाती
है, इसके पvात, यही रेखा पूव? दशा क ओर मुड़ती है और eलॉट संVया 1959 क उ)री सीमा से होकर गुजरती 0ई eलॉट
संVया 1957 के पिvमी कोने तक जाती है। पुनः यह रेखा उ)र-पूव? दशा क ओर मुड़ती है और eलॉट संVया 1957, 1962,
1963, 1887, 1828 क पिvमी सीमा के साथ चलती 0ई कंसामुंडा गाँव क सड़क को छूती है। पुनः यह रेखा दि]ण-पिvम
दशा क ओर मुड़ती है और इसी सड़क के दि]णी कनारे के साथ आगे बढ़ती है, इसके पvात, यह रेखा उ)र दशा क ओर
मुड़ती है और इसी सड़क को पर करती है और सड़क क छोर तक जाती है, इसके पvात यह रेखा पूव? क ओर मुड़ती है ओर
eलॉट संVया 1827 के उ)री कनारे से होकर गुजरती है, इसके पvात, यह उ)र दशा क ओर मुड़ती है और eलॉट संVया
1823, 1824 के पिvमी कनारे से होती 0ई िब2दु “झ” तक प0ँचती है जो eलॉट संVया 1824 तथा 1814 क साझा उ)र-
पिvम सीमा पर ि8थत है।
झ-ज: रेखा िब2दु “झ” से (ारंभ होती है और पूव? क तरफ चलते 0ए eलॉट संVया 1817 के दि]ण-पूव? कोने तक जाती है।
पुनः यह उ)र दशा मA मुड़ती है और eलॉट संVया 1817 क पूव[ सीमा के साथ चलती 0ई eलॉट संVया 1818 तक प0ँचती
है। पुनः यह रेखा पूव? क ओर eलॉट संVया 1822, 1821 क पूव[ सीमा के साथ चलती 0ई eलॉट संVया 1785 के दि]ण-पूव?
कोने तक जाती है। इसके पvात, रेखा उ)र दशा क ओर मुड़ती है और eलॉट संVया 1782 क पिvम सीमा से होकर
गुजरती 0ई eलॉट संVया 1782 के उ)र-पिvम कोने तक जाती है। पुनः यह पूव? दशा क ओर मुड़ती है और eलॉट संVया
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
999
1782, 1781, 1780 के उ)री कनारे से होकर गुजरती है और इसके पvात, यह उ)र दशा क ओर मुड़ती है और 1777
क भागतः पिvमी सीमा के साथ चलती 0ई eलॉट संVया 1777 के उ)र-पिvम कोने तक जाती है पुनः यह रेखा उ)र-पूव?
दशा क ओर मुड़ती और eलॉट संVया 1777, 4698, 1775, 4701, 1773 क उ)र सीमा के साथ चलती 0ई यह दि]ण
दशा क ओर मुड़ती है और eलॉट संVया 1773 क पूव[ सीमा के साथ चलती 0ई िब2दु “ज” पर प0ँचती है।
ज-ट: रेखा िब2दु-“ज” से (ारंभ होती है और दि]ण दशा क ओर मुड़कर eलॉट संVया 4708 क पिvम सीमा के साथ चलती
0ई कंसामुंडा ाम सड़क को छूती है। इसके पvात, यह eलॉट संVया 1759 क भागतः उ)री सीमा से और eलॉट संVया
1759 से होकर गुजरती है। इसके पvात यह eलॉट संVया 1682 और 1757 क उ)री तथा भागतः पिvमी सीमा के साथ,
eलॉट संVया 1751 क उ)री और पिvमी सीमा, eलॉट संVया 1752 क भागतः पिvमी सीमा, eलॉट संVया 1754 क
उ)री तथा पिvमी सीमा, eलॉट संVया 1741 क उ)री सीमा, eलॉट संVया 1740 क उ)री और भागतः पिvमी सीमा,
eलॉट संVया 1737 क उ)री और पिvमी सीमा, eलॉट संVया 1706 क भागतः पिvमी सीमा, eलॉट संVया 4412 क
उ)री तथा पिvमी सीमा, eलॉट संVया 1707 क पिvमी सीमा, eलॉट संVया 1713 क भागतः उ)री सीमा, eलॉट संVया
1726 क उ)री और पिvमी सीमा, eलॉट संVया 1721 क भागतः उ)री तथा पिvमी सीमा, eलॉट संVया 4577 क
पिvमी सीमा, eलॉट संVया 4839 क उ)री और पिvमी सीमा, eलॉट संVया 1974 क भागतः उ)री सीमा और eलॉट
संVया 1974 से होकर गुजरती है। इसके पvात, यह eलॉट संVया 4060 क उ)री और भागतः पिvमी सीमा के साथ, eलॉट
संVया 3962 क भागतः उ)री सीमा के साथ गुजरती है। eलॉट संVया 3963 क पूव[-उ)री और पिvमी सीमा, eलॉट संVया
3962 क भागतः पिvमी सीमा, eलॉट संVया 4615 क पिvमी सीमा तथा eलॉट संVया 4615 तथा 4055 क आंिशक
पिvमी सीमा, eलॉट संVया 4047 एवं 4046 क उ)री सीमा, eलॉट संVया 4045 क उ)री, पिvमी और दि]णी सीमा
तथा eलॉट संVया 4050 क आंिशक पिvमी सीमा, इसके पvात, रेखा eलॉट संVया 4038 क उ)री और पिvमी सीमा के
साथ eलॉट संVया 4036 क भागतः पिvमी सीमा, eलॉट संVया 4024, 4026 क उ)री और पिvमी सीमा, eलॉट संVया
4017, 4013, 4011, 4005 और 4004 क पिvमी सीमा से चलती 0ई कंसामुंडा तथा जयपुर गाँव क सिYमिलत सीमा के
िब2दु “ट” पर िमलती है।
लॉक
लॉक
लॉक
लॉक- ‘ग’ :
क-ख: रेखा िब2दु-“क” से (ारंभ होती है जो जमािनया, अदैता(साद और मालापसी ाम, के ि<- जं\शन िपलर पर ि8थत है
और दि]ण क तरफ मुड़कर मालापसी तथा जमािनया गांव, क सिYमिलत सीमा के साथ आगे बढ़ती है। इसके पvात यह
रेखा गुंडुIरनाली, जमािनया और मालापसी ि<-जं\शन िपलर को छूती है। यही रेखा दि]ण-पूव? दशा क ओर गुंडुIरनाली
और जमािनया गांव, क सिYमिलत सीमा के साथ चलती 0ई जमािनया गाँव क eलॉट संVया 399 क पिvमी सीमा को छूती
है। इसके पvात, यह eलॉट संVया 485 क उ)र-पिvम सीमा से होकर गुंडुIरनाली गाँव मA (वेश करती है। इसके पvात यह
दि]ण-पूव? दशा क ओर इसी eलॉट क सीमा के साथ मुड़ती है। इस िब2दु को छूने के पvात यह eलॉट संVया 486 क
दि]णी-पिvमी सीमा क तरफ मुड़ती है। पुनः यह इस eलॉट क सीमा के साथ दि]ण-पूव? दशा क ओर मुड़ती 0ई बढ़ती है।
इसके पvात, यह रेखा दि]ण-पिvम क ओर चलती है और eलॉट संVया 973 क पिvमी सीमा तथा 972 क उ)री सीमा
के साथ आगे बढ़ती 0ई दि]ण दशा क ओर eलॉट संVया 972, 1064, 1066, 1068 और 1070 क पिvमी सीमा के साथ
आगे बढ़ती है। पुनः यह पूव? दशा क ओर मुड़ती है और eलॉट संVया 1070 क दि]णी सीमा से होकर गुजरती है। इसके
पvात, यह रेखा दि]णी सीमा से होकर गुजरती है। इसके पvात, यह रेखा दि]ण क तरफ मुड़ती है और eलॉट संVया 1074
और 1075 क पिvमी सीमा से गुजरती है। पुनः यह रेखा दि]ण-पूव? दशा क ओर मुड़ती है और eलॉट संVया 1075 और
1838 क दि]णी सीमा के साथ आगे बढ़ती है। eलॉट संVया 1838 और 1059 के साझा िब2दु को 8पश? करने के बाद यह पूव?
क ओर मुड़कर eलॉट संVया 1059 क दि]णी सीमा के साथ आगे बढ़ती 0ई गाँव क सड़क को छूती है। इसके पvात पुनः
यह दि]ण दशा क ओर मुड़ती है और इसी सड़क के पिvमी कनारे के साथ होती 0ई उसी सड़क के अंितम िब2दु तक जाती
है और पूव? क तरफ मुड़ती है तथा इसक चौड़ाई से होकर गुजरती है। यह रेखा उ)र- पिvम दशा क ओर इसी सड़क के
पूव[ कनारे के साथ आगे बढ़ती 0ई eलॉट संVया 1796 के उ)र-पिvम कोने तक प0ँचती है। इसके पvात यह पूव? दशा क
ओर मुड़कर eलॉट संVया 1795 क दि]णी सीमा के साथ बढ़ती 0ई eलॉट संVया 1795 और 1796 के पूव? के सिYमिलत
िब2दु तक जाती है। पुनः यह दि]ण दशा क ओर मुड़ती है और eलॉट संVया 1796 और 1797 क पूव[ सीमा के साथ आगे
बढ़ती है तथा इसके पvात यह पिvम दशा क ओर मुड़कर eलॉट संVया 1797 और 1798 क पूव[ सिYमिलत सीमा तक
जाती है। इसके पvात यह दि]ण दशा क ओर बढ़ती है और eलॉट संVया 1798 के पूव[ कनारे के साथ आगे बढ़ती है और
1000
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
यह पिvम दशा क ओर मुड़कर इसी eलॉट क दि]णी सीमा के साथ eलॉट संVया 1798 और 1800 के साझा िब2दु तक
जाती है। पुनः यह दि]ण क ओर मुड़ती है और eलॉट संVया 1800 क भागतः पूव[ सीमा के साथ बढ़ती 0ई िब2दु-“ख” तक
जाती है।
ख-ग : रेखा िब2दु-“ख” से (ारंभ होती है जो गुंडुIरनाली ाम के eलॉट संVया 1054 के दि]ण-पिvम कनारे के सिYमिलत
िब2दु पर ि8थत है। इसके पvात रेखा eलॉट संVया 1054 क दि]णी सीमा से होकर गुजरती 0ई गुंडुIरनाली और छेिलया
गांव, क सिYमिलत सीमा तक प0ँचती है और छेिलया गाँव क eलॉट संVया 1826 क दि]णी सीमा से छेिलया गाँव मA (वेश
करती है। इसके पvात यह उ)र दशा क ओर मुड़ती 0ई इसी eलॉट क पूव[ सीमा के साथ बढ़ती 0ई eलॉट संVया 1708
और 1826 के सिYमिलत िब2दु तक जाती है। इसके पvात, यह eलॉट संVया 1708, 1620 और 21 क दि]णी सीमा से होती
0ई 21 और 46 के सिYमिलत िब2दु तक जाती है। पुनः यह दि]ण दशा क ओर मुड़कर eलॉट संVया 46, 47 के पिvमीम
कनारे और 47 के दि]णी छोर के साथ चलती 0ई eलॉट संVया 47 और 48 के सिYमिलत िब2दु तक जाती है। इसके पvात
यह दि]ण दशा क ओर मुड़ती है और eलॉट संVया 61, 65, 64 और 74 क दि]णी सीमा के साथ चलती 0ई eलॉट संVया
74 तथा 75 के सिYमिलत िब2दु तक जाती है। पुनः यह रेखा पूव? दशा क ओर मुड़ती है और eलॉट संVया 74 क दि]णी
सीमा के साथ चलती 0ई दि]ण-पूव? दशा क ओर मुड़कर eलॉट संVया 1769 के पिvमी कनारे के साथ चलती 0ई पुनः यह
उ)र-पूव? दशा क ओर आगे बढ़ती है और eलॉट संVया 1769 क दि]णी सीमा के साथ आगे बढ़ती 0ई eलॉट संVया 139 के
दि]णी कनारे तक जाती है। पुनः यह दि]ण-पूव? दशा क ओर मुड़ती है और eलॉट संVया 139, 137 के दि]णी कनारे के
साथ बढ़ती 0ई eलॉट संVया 135 के (ारंिभक िब2दु तक जाती है। eलॉट संVया 137 क चौड़ाई को पर करने के बाद रेखा
उ)र-पिvम दशा क eलॉट संVया 137 के भागतः पूव[ छोर के साथ मुड़ती है और eलॉट संVया 137 तथा 248 के
सिYमिलत िब2दु को छूती है। पुनः यह उ)र दशा क मुड़ती है और eलॉट संVया 248 के पूव[ कनारे के साथ चलती eलॉट
संVया 274 तक प0ँचती है। पुनः यह रेखा दि]ण-पूव? दशा क ओर मुड़ती है और eलॉट संVया 274, 1690, 276, 1662,
1473, 590, 545 तथा 543 क दि]णी सीमा के साथ आगे बढ़ती है और eलॉट संVया 543 के दि]णी कोने को छूती है।
पुनः यह उ)र-पूव? दशा क ओर मुड़ती है और eलॉट संVया 488 क पिvमी सीमा के साथ आगे बढ़ती है तथा पूव? दशा क
ओर eलॉट संVया 542, 541, 501, 502, 504, 480, 441, 436, 420, 421, 422 क दि]णी सीमा के साथ आगे बढ़ती
0ई छेिलया ाम सड़क तक जाती है। पुनः यही रेखा उ)र दशा क ओर मुड़ती है और इसी सड़क के आंिशक पिvमी कनारे
के साथ आगे बढ़ती 0ई eलॉट संVया 995 और सड़क के सिYमिलत िब2दु तक जाती है। इसके पvात यह पूव? दशा क ओर
मुड़ती है और eलॉट संVया 1199 के दि]णी कोने तक जाती है। पुनः यह दि]णी दशा क ओर मुड़ती है और eलॉट संVया
1199, 1200 तथा 1483 के पिvमी कनारे से होकर गुजरती 0ई eलॉट संVया 1483 के दि]ण-पिvम कोने तक जाती है।
पुनः यह पूव? दशा क ओर मुड़ती है और 1483, 1484, 1201, 1202, 1203 के दि]णी कनारे से होकर गुजरती है तथा
eलॉट संVया 1363, 1207, 1364, 1681 क दि]णी सीमा और 1485, 1232, 1233, 1530, 1531, 1697, 1696,
1695, 1694, 1693, 1470, 1678, 1687, 1186 तथा 1184 के भागतः पूव? से होकर गुजरती है और पुनः यह दि]ण-
पूव? दशा क ओर मुड़ती है और eलॉट संVया 1318, 1319, 1320, 1321, 1322 तथा 1327 के पूव[ कनारे के साथ बढ़ती
0ई िब2दु- “ग” तक जाती है जो छेिलया, कथारमुंडा और बड़ि<िवड़ा के ि<- जं\शन िपलर पर ि8थत है।
ग-घ : रेखा िब2दु – “ ग” से (ारंभ होती है और eलॉट संVया 1171 के पूव[ कनारे के साथ उ)र दशा क ओर बढ़ती है जो
छेिलया और कहारमुंडा ाम क सिYमिलत सीमा है यह eलॉट संVया 1170 के पूव[ कोने तक जाती है। पुनः यह रेखा उ)र-
पूव? क ओर मुड़ती है और उसी सिYमिलत ाम सीमा से होकर गुजरती 0ई छेिलया, कहारमुंडा और कमरेई ाम, के ि<-
जं\शन िपलर तक जाती है। इसके पvात यह रेखा उ)र दशा क तरफ छेिलया और मथारगड़ी आर एफ़ से होकर जाती है।
पुनः यह उसी दशा मA छेिलया ाम और मथारगड़ी आर एफ़ क सिYमिलत सीमा के साथ बढ़ती 0ई िब2दु-“घ” को छूती है जो
कमरेई और मथारगड़ी आर एफ़ क सिYमिलत सीमा के घुमावदार िब2दु पर ि8थत है।
घ – ङ : िब2दु “घ” से रेखा (ारंभ होती और कमरेई और मथारगड़ी आर.एफ़. क सिYमिलत सीमा क पूव? दशा क ओर
बढ़ती 0ई िब2दु “ङ “ तक जाती है जो उसी आर. एफ़. क पूव[ सीमा का सिYमिलत िब2दु है ।
ङ -च : रेखा िब2दु “ङ “ से (ारंभ होती 0ई उ)र-पिvम दशा क ओर मुड़ती है और कमरेई ाम और मथारगड़ी आर एफ़
क सिYमिलत सीमा के साथ आगे बढ़ती 0ई कमरेई ाम क eलॉट संVया 2550 के पिvमी कोने तक जाती है और पुनः यह
उ)र-पूव? दशा क ओर मुड़ती है और कमरेई और दादाNसंघा ाम क सिYमिलत सीमा से होकर गुजरती 0ई तेलीNसंघा,
कमरेई और दादाNसंघा के iाई जं\सन िपलर को पार करती 0ई तेलीNसंघा और दादाNसंघा के बाई जं\सन िपलर तक जाती है।
पुनः यह रेखा उ)र दशा क ओर मुड़ती है और दादाNसंघा एवं तेलीNसंघा ाम क सिYमिलत सीमा से होती 0ई तेलीNसंघा
और आYबपाल एवं दादाNसंघा ाम, के iाई जं\सन िपलर तक जाती है। पुनः यह उसी दशा मA तेलीNसंघा और आYबपाल
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1001
ाम, क सिYमिलत सीमा के साथ बढ़ती 0ई िब2दु “च” तक जाती है जो उसी सिYमिलत सीमा तथा तेलीNसंघा ाम, क
eलॉट संVया 2594 के उ)र-पूव[ कोने पर ि8थत है।
च – छ : रेखा िब2दु “च” से (ारंभ होकर तेलीNसंघा ाम क eलॉट संVया 2594 क उ)री सीमा के साथ पिvम क ओर
आगे बढ़ती है पुनः दि]ण दशा क ओर मुड़ती है और इसी eलॉट क भागतः पिvम सीमा के साथ आगे बढ़ती है। इसके
पvात, यह eलॉट संVया 817, 816, 815 और 813 क उ)री सीमा के साथ पिvम दशा क ओर आगे बढ़ती 0ई eलॉट
संVया 813 के उ)र पिvम कोने तक जाती है। इसके पvात यह eलॉट संVया 813 और 814 क पिvमी सीमा के साथ
दि]ण दशा क ओर चलती है। eलॉट संVया 814 के दि]ण-पिvम कोने पर प0ँचने के पvात पुनः यह पिvम दशा क ओर
मुड़ जाती है और eलॉट संVया 837, 840 तथा 841 क उ)री सीमा के साथ आगे बढ़ती है। पुनः यह दि]ण दशा क ओर
मुड़ जाती है और eलॉट संVया 840 क पिvमी सीमा के साथ बढ़ती है। इसके पvात यह eलॉट संVया 844, 868, 869 और
870 क उ)री सीमा के साथ उ)र-पिvम दशा क ओर मुड़ जाती है। इसके पvात यह eलॉट संVया 870, 871, 874 876
और 880 क उ)री सीमा के साथ दि]ण-पिvम मA मुड़ जाती है और eलॉट संVया 880 के दि]ण-पिvम कोने तक जाती है।
पुनः यह पिvम दशा क ओर मुड़ती है और eलॉट संVया 881 क आंिशक उ)री सीमा के साथ चलती 0ई तेलीNसंघा ाम क
सड़क के पूव[ कनारे तक जाती है। पुनः यह दि]ण-पिvम दशा क ओर मुड़ती है और इसी ाम सड़क के पूव[ कनारे के
साथ eलॉट संVया 2019 तक जाती है। पुनः यह रेखा दि]ण-पिvम दशा क ओर मुड़ती है और eलॉट संVया 2019, 2018,
2082, 2085 तथा 2087 क पिvमी सीमा के साथ चलती 0ई eलॉट संVया 2085 के दि]ण-पिvम कोने को छूती है। पुनः
यह रेखा दि]ण-पूव? दशा क ओर आगे बढ़ती है और 2085 क दि]णी सीमा के साथ चलती 0ई eलॉट संVया 2085 के
दि]ण कोने तक जाती है। पुनः यह मुड़ती है और eलॉट संVया 2087 क पिvमी सीमा से होकर गुजरती 0ई eलॉट संVया
2087 तथा 2208 क सिYमिलत सीमा िब2दु को छूती है। पुनः यह पिvम दशा क ओर मुड़ती है और eलॉट संVया 1912
क भागतः दि]णी सीमा से होकर गुजरती 0ई eलॉट संVया 1877 तथा 2208 के उ)र साझा सीमा िब2दु को छूती है। पुनः
यह दि]ण दशा क ओर मुड़ती है और eलॉट संVया 1877 क पूव[ सीमा के साथ बढ़ती 0ई eलॉट संVया 1877 क दि]ण-
पूव? सीमा को छूती है। पुनः यह पूव? दशा क ओर मुड़ती है और eलॉट संVया 2631 क उ)री सीमा के साथ बढ़ती 0ई eलॉट
संVया 2631 तथा 2207 के सिYमिलत िब2दु तक जाती है। पुनः यह दि]ण दशा क ओर मुड़ती है और eलॉट संVया 2211
के पूव[ कनारे तथा eलॉट संVया 2218 क पिvमी सीमा के साथ बढ़ती 0ई सड़क तक जाती है। तेलीNसंघा ाम सड़क को
पार करने के बाद रेखा दि]ण दशा क ओर मुड़ती है और eलॉट संVया 2255 क पूव[ सीमा के साथ चलती 0ई िब2दु “छ”
तक प0ँचती है जो eलॉट संVया 2255, 2254 तथा 2257 के सिYमिलत िब2दु पर ि8थत है।
छ – क : रेखा िब2दु – “छ” से (ारंभ होती है। तेलीNसंघा क ाम सड़क को पार करने के बाद रेखा पिvम दशा क ओर eलॉट
संVया 2259 के उ)री कनारे के साथ चलती 0ई इसी eलॉट क उ)र-पिvम कोने तक प0ँचती है। इसके पvात यह दि]ण-
पिvम दशा क ओर मुड़ती है तथा इसी eलॉट क भागतः पिvमी सीमा के साथ चलती है। इसके पvात यह रेखा पिvम
दशा क ओर मुड़कर eलॉट संVया 2266 क उ)री सीमा के साथ चलती 0ई eलॉट संVया 2269 को छूती है। इसके पvात
यह दि]ण दशा क ओर मुड़ती है और eलॉट संVया 2266 क पिvमी सीमा के साथ चलती 0ई eलॉट संVया 2269 के
दि]ण-पूव? कोने तक प0ँचती है। यह eलॉट संVया 2269, 2270, 2271 एवं 1583 क दि]णी सीमा के साथ चलती 0ई
पिvम क तरफ मुड़ती है और eलाट संVया 1580 के उ)र-पूव? कोने तक जाती है । रेखा दि]ण-पिvम दशा क और मुड़ती
0ई eलाट संVया 1580 और 1581 क पूव[ सीमा के साथ चलती 0ई eलाट संVया 1581 के दि]ण-पूव? कोने तक प0ँचती है ।
इसके पvात यह पिvम दशा क और मुड़ती है और eलाट संVया 1582, 1575, 1576, 1574। 1570 क उ)री सीमा के
साथ चलती 0ई सड़क तक प0ँचती है । पुनः यह दि]ण दशा क और मुड़ती है औए इसी सड़क के पिvमी कनारे के साथ
चलती 0ई eलाट संVया 1562 के दि]णी कोने तक प0ँचती है । पुनः यह पिvम दशा क और मुड़ती है और eलाट संVया
1533, 1534, 1535, 1481, 1498 तथा 1497 क उ)री सीमा के साथ चलती 0ई तेिलNसंघा और जरडा ाम, क
सिYमिलत सीमा को छूती है। पुनः यह उसी दशा मA आगे बने के बाद जरडा ाम क eलाट संVया 3785, 3777, 3775,
3774, 3767, 3768 क उ)री सीमा के साथ जरडा ाम मA (वेश करती है । इसके बाद यह eलाट संVया 3768 क भागतः
पिvमी सीमा के साथ चलती 0ई दि]ण दशा क और मुड़ती है तथा eलाट संVया 3768 और 3751 क सिYमिलत सीमा
िब2दु तक जाती है । पुनः यह पिvम दशा क और चलती है और eलाट संVया 3751, 3754 तथा 3969 क उ)री सीमा के
साथ चलती 0ई तालाब के पूव[ कनारे को छूती है । इसके पvात, यह उ)र दशा क और मुड़ती है और eलाट संVया 3748
(तालाब के तटबंध) क भागतः पूव[ सीमा के साथ चलती 0ई eलाट के उ)र-पूव? कोने तक जाती है । पुनः यह रेखा पिvम क
तरफ मुड़ती है और eलाट संVया 3747 (तालाब) क उ)री सीमा के साथ चलती 0ई eलाट संVया 3746 के उ)र-पिvम कोने
तक प0ँचती है । इसके पvात, यही रेखा दि]ण दशा क और मुड़ती 0ई इसी eलाट क भागतः पिvमी सीमा को पार करती
0ई eलाट संVया 3968 के उ)र-पूव? कोने तक जाती है । पुनः यक पिvम दशा क और मुड़ती है और जरडा ब8ती क दि]ण
1002
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
सीमा के साथ चलती 0ई eलाट संVया 3313 के उ)र-पूव? कोने तक प0ँचती है । यह रेखा पिvम क ओर मुड़ती है और eलाट
संVया 3313, 3311, 3309 तथा 3307 क उ)री सीमा के साथ चलती 0ई eलाट संVया 3306 के उ)र-पिvम कोने तक
प0ँचती है पुनः यह रेखा उ)र-पिvम दशा क और मुड़ती है और eलाट संVया 3304, 3302, 3283, 3282, 3272 तथा
3271 क पिvम सीमा के साथ आगे बढ़ती है । पुनः यह रेखा eलाट संVया 1709 क उ)री सीमा, eलाट संVया 1709 क
उ)री सीमा, eलाट संVया 1631 क पूव[ eलाट संVया 1632, 1633, 1635, 1625, 1622, 1621, 1645, 1646, 1649,
1650, 1604, 1600, 1601, 1681, 1682 तथा 1683 के साथ पिvम दशा क और मुड़ती 0ई ज़रदा और जमािनया
ाम क सिYमिलत सीमा तक सीमा तक जाती है । इसके पvात रेखा उ)र दशा क और मुड़ती है और उसी ाम क सीमा
के साथ जमािनया ाम के उ)र-पूव? कोने क eलाट संVया 303, 302, 301, 300, 299 क उ)री सीमा के साथ आगे बढ़ती
है । पुनः यह रेखा eलाट संVया 298 क पूव[ सीमा के साथ उ)र दशा क तरफ मुड़ती है इसके पvात यह पिvम दशा मA
मुड़ती है और eलाट संVया 298, 297, 509, 286, 283, 588 क उ)री सीमा के साथ आगे बढ़ती 0ई eलाट संVया 587
तक जाती है । इसके पvात यह रेखा उ)र दशा क और मुड़ती है और eलाट संVया 276 क भागतः पिvमी सीमा के साथ
चलती 0ई eलाट संVया 238 तथा 276 के सिYमिलत कोने तक जाित है। इसके पvात यही रेखा उ)र पिvम दशा क और
मुड़ती है और eलाट संVया 238 क उ)री सीमा के साथ आगे बढ़ती है । इसके पvात यह वत?मान जमािनया ाम सड़क को
पार करती है और इसी ाम सड़क के दि]ण कनारे के साथ आगे बढ़ती 0ई eलाट संVया 60 तक जाती है । इसके पvात यह
दि]ण दशा क और मुड़ती है और eलाट संVया 60 क पिvमी सीमा के साथ आगे बढ़ती है और eलाट संVया 59,57,531
क दि]णी सीमा के साथ आगे बढ़ती है । इसके पvात यही रेखा उ)र दशा क और मुड़ती है और 591 क भागतः पिvमी
सीमा के साथ आगे बढ़ती है । इसके पvात यह पिvम दशा के और मुड़ती है और eलाट संVया 51 क दि]णी कनारे से
होकर गुजरती है । पुनः यह उसी eलाट क सीमा के साथ उ)र दशा क और मुड़ती है इसके बाद यह पिvमी दशा क और
मुड़ती है और eलाट संVया 53 क उ)री सीमा के साथ आगे बढ़ती 0ई eलाट संVया 50 तथा 53 क सिYमिलत कोने तक
जाती है । पुनः यह दि]ण दशा क और eलाट संVया 49 के पूव[ कनारे के साथ मुड़ती है और eलॉट संVया 49 के दि]ण-पूव?
कोने तक जाती है । पुनः पिvमी दशा क और मुड़ती है और eलॉट संVया 49,48,43 तथा 42 क दि]णी सीमा के साथ आगे
बढ़ती 0ई eलॉट संVया 42 के दि]ण-पिvम कोने तक जाती है । पुनः यह रेखा उ)र दशा क और मुड़ती है तथा eलाट संVया
37 क पूव[ सीमा िब2दु के साथ होती 0ई eलॉट संVया 37 के उ)र पूव[ कोने तक जाती है । इसके पvात यह पिvम दशा
क ओर मुड़ती है और eलॉट संVया 41,40,7,39 क दि]णी सीमा के साथ आगे बढ़ती है । यही रेखा eलॉट संVया 39 क
दि]णी सीमा, eलॉट संVया 29 क भागतः पूव[ , eलॉट संVया 29 क दि]णी eलॉट संVया 29 क भागतः पिvमी, eलॉट
संVया 27 क दि]णी, eलॉट संVया 27 क भागतः पिvमी, eलॉट संVया 26,25 क दि]णी, eलॉट संVया 25 क पिvमी
सीमा के साथ चलती 0ई सड़क के कनारे को छूती है और पिvमी दशा क ओर मुड़ती है और इसी सड़क के दि]णी कनारे
से होती 0ई िब2दु "क" पर समा होती है ।
[ फा. सं. 43015/12/2018-एलए ए@ड आईआर]
राम िशरोमिण सरोज, उप सिचव
New Delhi, the 5th March, 2019
S.O. 323.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 1470,
dated the 11th October, 2018 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,
Part II, section-3, Sub-section (ii), dated the 13th October,2018, the Central Government gave notice of its intention to
prospect for coal in 2.495 hectares (approximately) or 6.17 acres (approximately) of the lands in the locality specified in
the Schedule annexed to the said notification;
And whereas, the Central Government is satisfied that coal is obtainable in a part of the said lands described 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 2.495 hectares (approximately) or 6.17
acres (approximately) and all rights in or over the said lands described in the Schedule appended hereto.
Note 1: The plan bearing number MCL/KA/Notification/2018-19/1091, dated the 5th December, 2018 of the area
covered by this notification may be inspected in the office of the Collector, District Angul, Odisha or in the office of the
Coal Controller,1, Council House Street, Kolkata -700001 or in the office of the Director Technical (OP), Mahanadi
Coalfields Limited, Jagriti Vihar, Post office Burla, District Sambalpur, Odisha.
Note 2: Attention is hereby invited to the provisions of section 8 of the said Act which provides for objection to
acquisition, as follows:-
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1003
“ 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 that 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 - 700 001 has been appointed by the Central
Government as the competent authority under section 3 of the said Act, vide notification number S. O. 2015, dated the
10th July, 1995, published in Part II, section 3, Sub-section (ii), of the Gazette of India, dated the 22nd July, 1995.
SCHEDULE
Kaniha Coal Block
District- Angul, State- Odisha
[Plan bearing number MCL/KA/Notification/2018-19/1091, dated the 5th December, 2018]
All Rights:
Sl.
No.
Name of
village
Village
Number
Patwari
halka/JL
number
Tehsil/
PS
District
Area in
hectares
(approxi-
mately)
Area in
acres
(approxi-
mately)
Remarks
1
Kansamunda
63
136
Kaniha
Angul
0.449
1.11
Part
2
Kaniha
60
131
Kaniha
Angul
1.477
3.65
Part
3
Chhelia
108
175
Kaniha
Angul
0.032
0.08
Part
4
Patharmunda
91
178
Kaniha
Angul
0.473
1.17
Part
5
Telisingha
90
177
Kaniha
Angul
0.040
0.10
Part
6
Gundurinali
88
159
Kaniha
Angul
0.024
0.06
Part
Total : 2.495 hectares(approximately)
or 6.17 acres(approximately)
1. Plot numbers to be acquired in Village Kansamunda : 4406/4905, 1691/4893, 1694/4894, 1913, 1914, 1915, 1924,
1925, 1928, 1933, 1926, 1927, 1929, 1932/4377, 1930, 1931, 1932, 3970/4350, 4042/4966, 4042/4967.
2. Plot numbers to be acquired in Village Kaniha : 1596, 926/1775, 1559/1687, 1597, 1598, 1599/1780, 910/1839,
1006/1821, 1006/1799, 1006/1820, 1638/1824, 1638/1836, 1639/1837, 1638/1835, 1638/1833, 1638/1823, 741/1825,
741/1826, 1595, 1599, 1598/1691, 1595/1745.
3. Plot numbers to be acquired in Village Chhelia : 1231/1681.
4. Plot numbers to be acquired in Village Patharrmunda : 1335,228/3328,120/3265,120/3457.
5. Plot numbers to be acquired in Village Telisingha : 2051/2533.
6. Plot numbers to be acquired in Village Gundurinali : 1039/1707.
Details of land to be acquired are given in the table below :
1004
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
TABLE
Village
Khata No.
Plot No.
Kissam
Area
(in Ac)
Name of the
Recorded
Tenant(RT)
Fathers name
of the RT
Mobile No.
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Kansamunda
252/
16
4406/4905
T/1
0.16
Thabir
Chandra
Pradhan
Ghasinath
Pradhan
9937293293
Tenancy
Land
251
1691/4893
S/1
0.17
Hadi, Jharu, Biswal
Nita Biswal
9778772929
-do-
1694/4894
S/1
0.07
-do-
-do-
-do-
-do-
14
1913
S/2
0.01
Ujal
Sahoo
and
Saheb, Khaga Sahoo
W/o-Panjia
Sahoo
and
S/o-Kathia
sahoo
9861221444
do
137
1914
S/2
0.01
Pradip Kumar Sahoo
and Gua Sahoo
Harmohan
Sahoo
and
W/o-
Bimbadhar
Sahoo
9178275083
- do-
221
1915
S/2
0.02
Rama
chandra
Swain,Jadunath
Swain
Baijhali Swain
7894001308
- do-
252/
357
1924
S/2
0.03
Bansidhar Sahoo
Sukru Sahoo
9861124768
-do-
203
1925
S/2
0.02
Madan
Biswal,and
Sankhali,
Arakhita
Biswal
Maguni Biswal
and Bhikari
Biswal
7008471951
- do-
1928
S/2
0.01
do
do
do
- do-
1933
S/2
0.09
do
do
do
- do-
60
1926
S/2
0.02
Chakhandi Sahoo
W/o-Iswar
Sahoo
Not
available
- do-
1927
S/2
0.01
do
do
do
- do-
48
1929
S/2
0.01
GokulaChandra,
Narottam,Bisha,
Suphala Behera
Sanu Behera
7894225012
- do-
1932/4377
S/2
0.02
do
do
do
- do-
90
1930
S/2
0.01
Daya,Bideshi,
Gobinda Behera,and
Nilamani,Purnachand
ra,Dibakar Behera
Madhu Behera
and Maharga
behera
9668748908
- do-
32
1931
S/2
0.03
Kulamani,Gandhi,Ch
andri,Gurubari,Budhe
i,Manjari Swain
Ekadusia
Swain
9437595554
- do-
197
1932
S/2
0.02
Bhagirathi, Uchhab,
Khauduni,Swain
Surendra
Swain
9777144001
- do-
204
3970/4350
T/2
0.20
Madan Biswal
Maguni Biswal
7008471951
- do-
252/73
4042/4966
S/1
0.12
Mahaprasad Pradhan
Nabaghan
Pradhan
9778321191
- do-
252/74
4042/4967
S/1
0.08
Bhubaneswari
Pradhan
Pratap Chandra
Pradhan
8763760151
- do-
Total ( Village Kansamunda): 1.11 acres
Kaniha
22
1596
S/3
0.10
Ghana Behera
Hadi Behera
Not available
Tenancy
Land
58
926/1775
T/2
0.25
Pranabandhu.Padman
av,Prahallad Chandra
Pradhan and Pratap
Chandra
Pradhan,
Paramananda
Pradhan
and
Nilambar
9439351218
- do-
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1005
Prabin
Kumar
pradhan
Pradhan
59
1559/167
T/2
0.10
Pitambar Dehury
Saheb Dehury
9861614575
- do-
80
1597
S/3
0.12
Mauda Naik and
Giridhari,Daya,
Ratna,Pankaj Naik
W/o-Basu
Naik
and
S/o-
Sana
Naik
7873572110
- do-
1598
S/3
0.05
do
Do
do
- do-
1599/180
T/2
0.13
do
do
do
- do
108/6
910/1839
GB
0.04
Bhubaneswari
Pradhan
Pratap
Chandra
Pradhan
8763760151
-do-
108/8
1006/1821
GB
0.22
Thabir
Chandra
Sahoo
Bhaskar
Sahoo
9437486897
- do-
108/9
1006/1799
GB
0.22
Nabaghan Pradhan
Sudarsan
Pradhan
9778321191
- do-
108/11
1006/1820
GB
0.22
Ramesh Chandra
Sahoo
Baji Sahoo
9861336041
- do-
99/32
1638/1824
S/3
0.09
Sanjib Kumar Sahoo
and Susil Kumar
Sahoo
Bansidhar
Sahoo
and
Bidyadhar
Sahoo
8637252744
- do-
1638/1836
S/3
0.04
do
do
do
- do-
1639/1837
S/3
0.11
do
do
do
- do-
99/28
1638/1835
S/3
0.200
Chandramani
Naik,Gourang
Charan Naik
Debahari
Naik
9437616041
- do-
108/2
1638/1833
GB
0.025
Trilochan Pradhan
Chandramani
Pradhan
7077951758
- do-
99/24
1638/1823
S/3
0.025
Naresh
Chandra
Sahoo
Nityananda
Sahoo
9437147296
- do-
99/16
741/1825
S/1
0.300
Palau Naik
Madan Naik
7978172909
- do-
99/17
741/1826
S/1
0.290
Sankar Naik
Palau Naik
7978172909
- do-
Total : 2.53 acres
106
1595
T/2
0.15
Anabadi (Govt)
Govt.
Not
available
Govt. Land
1599
T/2
0.85
do
do
do
- do-
1598/1691
S/3
0.05
Do
do
do
- do-
1595/1745
S/3
0.07
do
do
do
- do-
Total : 1.12 acres
Total (village Kaniha): 2.53 + 1.12 = 3.65 ( Tenancy land + Govt. Land)
Chhelia
146
1231/1681
T/2
0.08
Hadibandhu Sahoo
Satru Sahoo
943723
4315
Tenancy
Land
Total (Village Chhelia) : 0.08 acres
Patharmunda
76
1335
S/2
0.05
Panu,Karuna,
Mami,
Utama, Surama Sahoo
Bhaji Sahoo
977841
7910
Tenancy
Land
147
228/3328
S/2
0.04
Sagar Sahoo
Kalyan Sahoo
738132
0512
- do-
92
120/3265
T/2
0.92
Bita Sahoo
Hadi Sahoo
933797
6852
- do-
166/
19
120/3457
GB
0.16
Mohan Sahoo, Nakula
Sahoo, Dibakar Sahoo,
Niladri Sahoo
Bita Sahoo
933797
6852
- do-
Total (Village Patharmunda) : 1.17 acres
1006
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Telisingha
31
2051/2533
S/1
0.10
Kutartha Sahoo
Kapila Sahoo
966864
9760
Tenancy
Land
Total (Village Telisingha) : 0.10 acres
Gundurinali
110
1039/1707
Patita
0.06
Satyanarayan
Garnayak,
Asha
Das,Duhita Das, Dei
Mohanty,
Kera
Mohanty and Dibakar
Garnayak, Janaki Singh
Swapneswar
Garnayak and
Adhikari
Garnayak
876302
1600
Tenancy
Land
Total: (Village Gundurinali) 0.06 acres
Grant Total : 6.17 acres
Boundary Description:
BLOCK- ‘A’ :
L-M: The line starts from Point ‘L’ which is situated at tri-junction Pillar of village Kansamunda, Kaniha and
Gohiradanda R.F. Then it moves towards east direction along common village boundary of Kaniha and Kansamunda
northern boundary of plot no. 1507,1508,1509 of village Kansamunda up to north east corner of plot no- 1509 of
Kansamunda. Then the line enters to village Kaniha and moves towards north direction and covers the west, north and
east boundary of plot no.1777, the partly northern boundary of plot no. 966 up to north corner of plot no-981. The same
line proceeds northern boundary of plot no. 980, 979, 1027, north and east boundary of plot no. 1026 up to northeast
corner point of plot no-1026. The line moves towards northeast direction along north and west boundary of plot no.
1021. Partly western and northern boundary of 1020, north boundary of plot no. 1008,1009,1146 up to west edge of
Jarada and Kaniha village road. After crossing the same village road the line moves along north boundary of plot
no.1641, up to common village boundary of Kaniha and Patharmunda. Then the line enter into village Patharmunda and
moves south direction along partly western boundary of plot no. 138 up to southwest corner of same plot. Then the line
proceeds towards east along south boundary of plot no. 138,3197up to southeast corner of plot no. 3197. The same line
moves towards north east direction covering the partly boundary of plot no.142, northern boundary of plot no.175, 176,
southern boundary of plot no. 456,455,453, up to southeast corner of plot no.453. It turns towards north directions
covering the east boundary of plot no. 453 up to northwest corner of plot no. 452. The same lines moves towards east
direction covering the southern boundary of plot no. 564,565,566,579,3218,584 and 586 up to southeast corner of plot
no.586. Again the line turns towards north directions covering eastern boundary of the same plot up to north corner of
plot no. 586. It moves towards east direction along partly southern boundary of plot no. 574,590 up to southeast corner
of plot no-590. Then the lines move towards south east direction along west boundary of plot no. 589,588 partly south
boundary of plot no. 587 south boundary of plot no. 596,598,599 up to touch point ‘M’ which is situated at the west side
of Patharmunda and Telisingha road.
M-N: The line start from ‘M’ and moves towards south direction along eastern boundary of Patharmunda and
Telisingha road up to north corner of plot no. 3166 to meet point ‘N’.
N-O: The lines start from ‘N’ after crossing the Telisingha and Patharmunda village road the lines moves south
directions along partly east boundary of plot no. 355 then it moves towards west direction along south side boundary of
plot no. 355 and turns towards south along east boundary of plot no. 3171 then it moves towards west along south
boundary of same plot and turns north along western boundary of same plot. The same line moves towards west direction
covering west boundary of plot no. 341 , partly east boundary of plot no. 340 east boundary of 337,336, east and south
boundary of 334 south boundary of 3234,3293 up to southwest corner of plot no. 3293 to meet at point ‘O’.
O-P: The lines starts from point ‘O’ moves along west and north boundary of plot no. 3293, north boundary of
327,326, west boundary of 325,324,323, south west boundary of 322,321 south boundary of 3188,270,271,272, east
boundary of 284,286,, north east of 287, 288 , north, east south boundary 3257, east of 300,301, south, west of 301 west
boundary of 299, 298, 297, 296, 295, 292, 291, 289 and south partly western boundary of 3263 southern boundary of
3286 and western boundary of 3286,3275, south and west boundary of 3191. Then the lines turn towards west and passes
along southern boundary of 3196 south eastern boundary of 137. Then the line moves south directions and proceeds
along eastern boundary of village road of Kaniha to Jarada up to north corner of plot no. 61. Then it moves towards south
directions covering the south west boundary of plot no. 3266 partly south boundary of plot no. 120 up to point ‘P’ .
P-Q : The line start from ‘P’ which is situated at northeast corner of plot no. 93 of village Patharmunda and moves along
eastern boundary of plot no. 93,94, north east and partly west boundary of plot no. 105, eastern boundary of plot no.
106, 119, 118, 116 and touches the common village boundary of Telisingha and Patharmunda and proceeds along it.
After crossing the bi-junction pillar the lines covers partly the plot no. 3294 and it moves partly northern boundary of
plot no.3294, northern and eastern boundary of 3291. Again the line moves along common village the boundary of
Telisingha and Patharmunda. After crossing the bi-junction pillar the lines moves western boundary of plot no. 322 and
eastern northern and western boundary of plot no. 319. Again the line moves along eastern boundary of plot no. 322 up
to same common village boundary. The line moves towards east direction along same village boundary up to point ‘Q’.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1007
Q-R: The line start from ‘Q’ which is situated at north east corner plot no.710 of village Telisingha. Then the line
moves along western boundary of plot no. 3123, 3124, 3128, 3129, 3144, western and southern boundary of 3145,
southern boundary of 3146, 3147 western boundary of 3151, west and south side of 3152 up to common village
boundary of Telisingha and Patharmunda at a bi-junction pillar. Then the lines enters into Telisingha village covering the
southwest of plot no.771 up to point ‘R’ .
R-S: The lines start from point ‘R’ which is situated at northwest corner of plot no.772 and also northwest side of
Telisingha road. The line RS moves towards northeast directions along northeast side of plot no. 771 up to point ‘S’.
S-T: The line starts from point ‘S’ which is situated at the tri-junction pillar of village Telisingha, Ambapal and Bijigol.
Then the line passes towards northwest direction along the common village boundary of Telisingha and Bijigol up to tri-
junction pillar village Telisingha, Lodhabandha and Bijigol. Again the same line turns towards north direction and passes
along common village boundary of Patharmunda and Lodhabandha up to point ‘T’.
T-U: The line starts from point ‘T’ which is situated at northeast corner of plot no.2849 of village Patharmunda. Again
the line proceeds along north boundary of plot no. 2849, 2848, 2854 and 2855. Then it turns towards northeast direction
and passes through east side of road plot no. 2844. Then it cross the east side boundary of plot no. 2737, 2736, 2739,
2741 and 2805 and turns the same line towards east direction along the north boundary of plot no. 2805, 2801, 2800,
2790, 2791 and enters to Patharmunda Basti and proceeds along north edge of plot no. 1821,1818 then passes through
west part of boundary of plot no. 1813, north boundary of 1813, east boundary of 1548, and then north boundary of
1548, 1547,1546,1545 and turns towards south direction along the west boundary of plot no. 1545. Again it turns
towards west direction along the northwest corner of 1560, north edge of 3256, 1562, 1541; again it turns towards south
direction along east boundary of 1540and north boundary of 1539, 1537, 1533. Then it turns towards south direction
along west boundary of plot no. 1533 and part of 1534. Then the same line turns towards north direction and proceeds
along east side of 1525, north boundary of 1526, 1522, 1514 and part of 1513. Then it passes through east boundary of
1295, north boundary of 1295, part west of 1295again it cross the north boundary of plot no. 3250 and touches the part
boundary of 1354. Then the line turns towards north direction along the east edge of plot no. 1353, 1323, and 1322. Then
it passes through the north boundary of plot no.1322 northeast of 1320, north of 1319, part west boundary of 1319 north
boundary of 1317, 1316, 1315 up to touch the village road. After crossing the same road the line passes through the
south boundary of plot no.603, 602, west of 602, east and north of 515. Again it passes through the part west boundary of
plot no. 517, south of 518, part east of 519, south of plot 519, west of 519. Then it passes along southwest of 521, 522,
523. Again the line cross through west of 523 north of 523 then it passes through north edge of plot no. 524 east of 525
north of 525, 526 east of 527 north of 3242, 530 west of 530 then it passes north of 534 east of 535 north of 535,468.
Then it turns towards north along part east boundary of 3341 north of 3341 west of 3341 south of 3225. Then the same
line touches the common village boundary of Kaniha and Patharmunda and terms towards north direction and proceeds
along same village boundary up to bi-junction pillar of Kaniha Basti. Then the line passes along the south edge boundary
of Kaniha Basti up to touch the Kaniha Jarada village road plot no. 1148 up to point ‘U’.
U-V: The line starts from point ‘U’ and turns towards north directions proceeds along the west side of Kaniha Basti
boundary up to east corner point of plot no. 627 that is point ‘V’.
V-W: The line starts from point ‘V’ and it passes through the north boundary of plot no.627, 625, 624 and 623, then it
passes west boundary of plot no. 635, 636, north boundary of 638, 640, 641, 642, 644, 646, 647, part of 648. Then passes
west boundary of 648, 650, 651, 653, 654, 1650, north boundary of 742, northeast of 743 partly north of 750, 751, east of
752, north of 752, partly west 752 again the same line passes through north boundary of 753, 754, 755, 770, 771, 772,
773, west boundary of 773, 768 and partly north west boundary of 1784. Then it passes through north of 777, west of
777, north of 779. Then the same line turns towards west direction along north boundary of plot no. 792, 858, 857 and
partly west of 857, north of 839, and west edge of 839 then it passes through partly west boundary of plot no.856, west
of 852, 856, northwest boundary of 856. Then the line turns towards east direction along west boundary of plot no. 856,
South boundary of 865, 866, west boundary of plot no. 869, south edge of plot no. 868. Then the same line turns towards
south direction along partly west boundary of 869 up to north edge of road and turns towards west direction and proceeds
along north edge of same road up to bi-junction pillar of Gohiradanda RF and Kaniha village at point ‘W’.
W-L: Again the same line proceeds south direction along common village boundary of Kaniha and Gohiradanda RF
and touches the bi-junction pillar of same village to close at point ‘L’.
BLOCK-B :
K-J: The line starts from point ‘K’ which is situated on the common boundary of village Jaipur and Kansamunda and
common boundary at plot no. 280 and 4003, then it proceeds towards west direction along the same common village
boundary up to south west corner point number 3894 of village Kansamunda touches the point ‘J’.
J-I: The line starts from ‘J’ and it turns towards north direction. The line enter to the village Kansamunda and proceeds
with touches the west boundary of plot no. 3894,3886,3885,3881,3880,3879,3874, up to Nala, then it turns towards south
west direction and proceeds along the south edge of same Nala then it turns north direction and passes along the west
boundary of plot no. 3915,3928,3688,4510,4511,4512 and up to south west corner of plot no. 3615 then the same line
turns towards north west direction and passes over west boundary plot no. 4515 then it turns towards north direction and
proceeds with crossing the road and proceeds along the west boundary of plot no. 1959 up to north west corner of plot
1959. Next the same line turns towards east direction and passes over northern boundary of plot no. 1959 up to west
corner of plot no.1957. Again the same line turns north east direction passes through west boundary of plot no. 1957,
1962, 1963, 1887, 1828 and it touches the Kansamunda village road. Again the line divert towards south west direction
1008
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
and proceeds along south edge of the same road then the line turns towards north direction and cross the same road and
proceeds up to the edge of road then it turns towards east direction and passes north edge of the plot no.1827, then it
turns towards north direction and goes through western edge of plot no. 1823, 1824 up to point ‘I’, which is situated on
the northwest common boundary point of plot no. 1824 and 1814.
I-H: The line starts from ‘I’ and proceeds towards east direction up to point south east corner of plot no. 1817. Again it
turns towards north direction and proceeds along the eastern boundary of plot no. 1817 up to the plot no. 1818. Again the
line proceeds towards direction east along the boundary of plot no. 1822, 1821 and up to south east corner of plot no.
1785. Then line turns towards north direction and passes over west boundary of plot no.1872 up to north west corner of
plot no.1782 again it turns towards east direction and goes through northern edge of plot no.1782,1781,1780 and then it
moves towards north direction and proceeds along part west boundary of 1777 up to north west corner of 1777 again
same line turns towards north east direction and passes through northern boundary of plot no.1777,4698,1775,4701,1773
and it turns south direction proceeds along east boundary of plot no. 1773 reach up to point ‘H’.
H-K: The line starts from ‘H’ and proceeds towards south direction along west boundary of plot no. 4708 and touch
the Kansamunda village road, the it passes through partly northern boundary of plot no. 1759 and passes through plot
no. 1759. Then it passes along the northern and partly western boundary of plot no. 1682 and 1757, northern and
western boundary of plot no.1751 partly western boundary of plot no-1752, northern and western boundary of plot no.
1754, northern boundary of plot no.1741 , northern and part western boundary of plot no. 1740, northern and western
boundary of plot no. 1737, partly western boundary of plot no. 1706 , northern and western boundary of plot no. 4412,
western boundary of plot no. 1707, partly northern boundary of plot no. 1713, northern and western boundary of plot
no.1726, part northern and western boundary of plot no. 1721, western boundary of plot no.4577, northern and western
boundary of plot no. 4839, partly northern boundary of plot no.1974 and crosses the plot no . 1974. Then it proceeds
along the northern and partly western boundary of plot no.4060, partly northern boundary of plot no.3962. Eastern,
northern and western boundary of plot no. 3963, part western boundary of plot no. 3962, western boundary of plot no.
4615 and partly western boundary of plot nos. 4615 and 4055, northern boundary of plot nos. 4047and 4046. Northern,
western and partly southern boundary of plot no. 045 and partly western boundary of plot no.4050. Then the lines moves
along the northern and western boundary of plot no-4038, partly western boundary of plot no- 4036, northern and
western boundary of plot no-4024,4026, west boundary of 4017, 4013,4011,4005 and 4004 and closed at Point ‘K’ on
the common village boundary of village Kansamunda and Jaipur.
BLOCK- ‘C’ :
A-B: The line starts at point ‘A’ is the tri junction pillar of village Jamania, Adaitaprasad and Malapasi proceeds
towards south direction along common village boundary of village Malapasi and Jamania. The line touches the tri
junction pillar of village Gundurinali, Jamania and Malapasi. The same line proceeds towards southeast direction along
common village boundary of Gundurinali and Jamania and touches the west side of plot no. 399 of village Jamania.
Then it enter in to village Gundurinali through northwest side of plot no. 485 then it turns towards southeast direction
along the boundary of same plot. After touching this point it turns towards southwest boundary of plot no. 486.again it
turns and proceeds southeast direction along the boundary of above plot . Then the line moves towards southwest and
proceeds along western boundary of plot no. 973 and northern boundary of 972 and moves south direction along west
boundary of plot no. 972,1064,1066,1068 and 1070. Again it turns towards east direction and passes through south side
boundary of plot no. 1070. Then the line turns towards south and passes west boundary of plot no.1074 and 1075. Again
same line turns towards direction southeast and proceeds along the south boundary of plot no. 1075 and 1838. After
touching the common point of plot no. 1838 and 1059. Next it proceeds towards east along south boundary of plot no.
1059 and touches the village road again it turns towards south direction and proceeds west edge of same road up to end
point of the road and turns towards east and passes up to its width. The same line moves towards northwest direction
along east part edge of same road and reaches at northwest corner point of plot no.1796. Then it turns towards east
direction along the south boundary of plot no.1795 up to east side common point of plot no. 1795 and 1796. Again it
turns south direction and proceeds through east boundary of plot no. 1796 and 1797., then it turns towards west direction
up to east common boundary point of plot no. 1797and 1798 then it move towards south direction and proceeds along
the east boundary of plot no. 1798 again it turns towards west direction along the south boundary of same plot up to
common point of plot no. 1798 and 1800 again it turns towards south and proceeds along the part east boundary of plot
no. 1800 up to point ‘B’.
B-C: The line starts from point ‘B’ which is situated at southwest side common point of plot no. 1054 of village
Gundurinali. Then the line passes through south boundary of plot no. 1054and reach up to common village boundary of
Gundurinali and Chhelia and enters in to village Chhelia along the south boundary of plot no. 1826 of village Chhelia.
Then it turns towards north direction along the east boundary same plot up to common point of plot no. 1708 and 1826.
Then it moves and proceeds through southern boundary of plot no. 1708, 16, 20, and 21up to common point of 21 and
46. Again it turns towards direction south along west edge of plot no. 46, 47 and south edge of 47 up to common point of
plot no. 47 and 48. Then it turns towards south direction and proceeds through southern boundary of plot no. 61, 65,64
and 74 up to common point of plot no. 74 and 75.Again the line turns towards east direction and passes along southern
boundary of plot no. 74, then it turns and proceeds towards south east direction along west edge of plot no. 1769 again it
moves towards north east direction and proceeds along southern boundary of plot no. 1769 up to south edge of plot no.
139. Again it turns towards southeast direction proceeds along south edge of plot no.139, 137 up to starting point of plot
no. 135. After crossing the width of plot no. 137 the line moves towards northwest direction along the part east edge of
plot no. 137 and touches the common point plot no.137 and 248. Again it moves towards north direction along east edge
of plot no.248 up to plot no. 274. Again the line turns towards southeast direction and proceeds through south boundary
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1009
of plot no. 274, 1690, 276, 1662, 1473, 590, 545 and 543 and touches south corner of 543. Again it turns towards
northeast direction and proceeds along western boundary of plot no. 488 and moves towards east direction along the
southern boundary of plot no. 542, 541, 501, 502, 504, 480, 441, 436,420,421,422 up to west edge of Chhelia village
road. Again the same line turns towards north direction and proceeds along the part western edge of the same road up to
common point of plot no 995 and road. Then it turns towards east direction proceeds up to south corner of plot no. 1199.
Again it turns towards south direction and passes through western edge of plot no.1199, 1200 and 1483 up to southwest
corner of 1483. Again it turns towards east direction and passes through south edge no.1483, 1484, 1201, 1202,1203 and
south boundary of 1363,1207,1364,1681 part east of 1485, 1232, 1233, 1530, 1531, 1697, 1696, 1695, 1694, 1693,
1470, 1678, 1687, 1186 and 1184 and again it turns towards south east direction and proceeds along east edge of plot
no. 1318, 1319, 1320, 1321, 1322 and 1327 up to point ‘C’ which is situated at Tri junction pillar or Chhelia,
Kaharmunda and Badatribida.
C-D: The line starts from point ‘C’ and proceeds towards north direction along east side edge of plot no. 1171 that is
the common village boundary of Chhelia and Kaharmunda, up to east corner of plot no. 1170. Again the line turns
towards northeast direction passes through same common village boundary up to Tri- junction pillar of village Chhelia,
Kaharmunda and Kamarei. Next the line proceed towards north direction along common village boundary of Chhelia
and Kamarei through the Tri junction pillar of village Chhelia, Kamarei and Matharagadi R.F. Again it extends in same
direction along the common boundary of village Chhelia and Matharagadi R.F and it touches point ‘D’, which is at
turning point of common village boundary of Kamarei and Matharagadi R.F.
D-E: From point ‘D’ the line starts and proceeds east direction along the common boundary of village Kamarei and
Matharagadi R.F up to point ‘E’ which is east side boundary common point of same R.F.
E-F: The line starts from point ‘E’ moves towards northwest direction and proceed along common boundary of village
Kamarei and Matharagadi R.F upto west corner of plot number 2550 of village Kamarei and again it turns towards
northeast direction and passes through common village boundary of Kamarei and Telisingha and cross tri-junction pillar
of Telisingha, Kamarei and Dandasingha upto bi-junction pillar of Telisingha and Dandasingha. Again same line turns
towards north direction proceed along common village boundary of Dandasingha and Telisingha upto tri-junction pillar
of village Telisingha, Ambapal and Dandasingha. Again it proceeds in same direction along common village boundary of
Telisingha and Ambapal upto point ‘F’ which is situated on the same common boundary and north east corner of plot no.
2594 of village Telisingha.
F-G: The line starts from point ‘F’ proceeds west direction along the north boundary of plot no. 2594 of village
Telisingha again turns to south direction and proceeds along partly west boundary of same plot. Then it turns towards
west direction along the northern boundary of plot no. 817,816,815 and 813 up to northwest corner of plot no. 813. Then
it moves towards south direction along the western boundary of plot no. 813 and 814. After reaching at south west
corner of plot no. 814 again it turns to west direction and proceeds along the north boundary of plot no. 837,840, and
841, again it turns towards south direction along the western boundary of plot no. 840. Then it moves towards north
west direction along the north boundary of plot no. 844,868,869 and 870. then it divert towards south west direction
along the northern boundary of plot no. 870,871,874,876 and 880 up to south west corner of plot no. 880. Again it turns
towards west direction and proceeds along partly north boundary of plot no. 881 up to east side of Telisingha village
road. Again it turns towards south west direction and proceeds along the east edge of same village road up to plot no.
2019. Again same line turns towards south west direction along the west boundary of plot no.2019, 2018, 2082, 2085
and 2087 to touch the southwest corner of plot no. 2085. Again the line moves towards south east direction proceeds
along the south boundary of 2085 up to south corner of plot no. 2085. Again it turns and passes through west boundary
of plot no. 2087 to touch the common boundary point of 2087 and 2208. Again it moves towards west direction and
passes along partly south boundary of 1912 and touch the north common boundary point of 1877 and 2208. Again it
turns towards south direction and proceeds along east boundary of plot no. 1877 to touches the south east corner of plot
no. 1877. Again it turns towards east direction and proceeds along north boundary of plot no. 2631 up to common point
of 2631 and 2207. Again it turns towards south direction and proceeds along east boundary of plot no. 2211 and west
boundary of 2218 up to road. After crossing the Telisingha village road the line move to south direction along east
boundary of plot no. 2255 to touch the point ‘G’, which is situated at common point of plot no. 2255, 2254 and 2257.
G-A: The line starts from point ‘G’. After crossing the village road of Telisingha the line moves towards west direction
along north side of plot no. 2259 up to northwest corner of same plot. Then it moves towards southwest direction along
partly west side boundary of same plot. Then the line proceeds towards west direction along northern boundary of plot
no. 2266 and touch plot no. 2269. Then turns towards south direction along west boundary of the plot no. 2266 up to
southeast corner of plot no. 2269. It moves west direction along southern boundary of plot numbers 2269, 2270, 2271
and 1583 and reach at northeast corner of plot no. 1580. The line turns towards southwest direction along eastern
boundary of plot nos. 1580 and 1581 and reach south east corner of plot no. 1581.Next it turns towards west direction
and proceeds through northern boundary of plot nos. 1582, 1575,1576,1574,1570 and up to road. Again it turns towards
south direction along the western edge of same road up to south corner of plot no. 1562. Again it turns towards west
direction and passes along north boundary of plot no. 1533, 1534,1535,1481,1498 and 1497 and touches the common
village boundary of Telisingha and Jarada. Again it proceeds along the same direction then it enters in to village Jarada
along the northern boundary of plot no. 3785, 3777, 3775, 3774, 3767, 3768 of village Jarada. Next it turns towards
south direction along the part west boundary of 3768 up to common boundary point of 3768 and 3751. Again it moves
towards west direction and proceeds along the north boundary of 3751, 3754 and 3969 to touch east side of pond. Then
1010
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
it turns towards north direction and passes along partly eastern boundary of plot no.3748 (Embankment of Pond) up to
north east corner of the same plot. Again the line moves towards west direction along the northern boundary of plot no.
3747(Pond) up to northwest corner of 3746. Then the same line turns towards south direction to cover partly west
boundary of same plot up to northeast corner of 3968. Again it turns towards west direction and proceeds along the south
boundary of Jarada Basti and reach up to northeast corner of plot no. 3313. The same line turns towards west direction
and proceeds along northern boundary of plot no.3313, 3311, 3309, and 3307 and reach northwest corner of plot no.
3306. Again the line moves towards northwest direction and proceeds along west boundary of plot no. 3304, 3302, 3283,
3282, 3272 and 3271. Again the line proceeds towards west direction along the north boundary of plot no. 1709, east of
1631, north of 1632, 1631, 1633, 1635, 1625, 1622, 1621, 1645, 1646, 1649, 1650, 1604, 1600, 1601, 1681, 1682, and
1683 up to common village boundary of Jarada and Jamania. Then the line moves towards north direction and proceeds
along same village boundary up to plot no. 303 northeast corner of village Jamania. Then the line enters to Jamania
village towards direction northwest and passes along north boundary of plot no. 303,302,301,300,299. Again the line
turns to direction north along the east boundary of plot no. 298 then turn to west direction and proceeds along the north
boundary of plot no. 298,297,509,286,283,588 up to 587. Next the line turns towards north direction and passes along
the partly western boundary of plot no. 276 up to common boundary corner of plot no. 238 and 276. Then the same line
moves towards northwest direction and passes along north boundary of plot no. 238 then it crosses the existing Jamania
village road and proceeds along the south edge of the same village road up to plot no. 60. Then it turns towards south
direction and proceeds along west boundary of plot no. 60. Then it moves west direction and passes along the south
boundary of plot no.59, 57,591. Then the same line turns towards north direction passes along part west boundary of 591
then it turns towards west direction and proceeds along north boundary of plot no 53 up to common corner of plot no 50
and 53. Again it turns towards south direction along the east boundary of plot no. 49 up to southeast corner of plot
no.49. Again moves towards west direction and proceeds along the southern boundary of plot no. 49, 48, 43 and 42 up
to south west corner of plot no.42. Again the same line moves towards north direction along the point eastern boundary
of plot no. 37 up to northeast corner of plot no. 37. Then it turns towards west direction and proceeds along the southern
boundary of plot no. 41, 40,7,39. the same line proceeds along south boundary of 39, part east of 29, south of 29 part
west of 29, south of 27, part west of 27, south of 26,25 and west of 25 to touch the edge of road ant turns towards west
direction along the south edge of same road to close at point ‘A’.
[ F. No. 43015/12/2018-LA & IR]
RAM SHIROMANI SAROJ , Dy. Secy.
परमाणु ऊजा% िवभाग
परमाणु ऊजा% िवभाग
परमाणु ऊजा% िवभाग
परमाणु ऊजा% िवभाग
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 324
324
324
324.— परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 3 के खंड (डी) 'ारा (द) शि+य, का
(योग करते 0ए, कA 3 सरकार एत4ारा अनुसूची मA िविन`द? ]े<, को िनिष_ ]े< के Mप मA घोिषत करती है जो इस (कार है
:
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
सीमाएं या अ2य िववरण
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय,(पूव)र
]े<, िशलांग) - 793 019 परमाणु ऊजा? िवभाग, भारत
सरकार, न,गिमनसग, िशलांग, पूव[ खासी िहस िजला,
मेघालय
काया?लय ]े<: - 2.34 एकड़ ]े<
उ)र मA - न,गमी2स,ग पो8टल ऑफस आवासीय पIरसर।
दि]ण मA - परमाणु खिनज अ2वेषण एवं अनुसंधान
िनदेशालय आवासीय पIरसर पूव? मA - खैIरयम कबीले
क भूिम पिvम मA- लोक िनमा?ण िवभाग क मुVय रोड
(पुिलस बाजार से नेइिYस अ8पताल रोड तक )।
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1011
DEPARTMENT OF ATOMIC ENERGY
Mumbai, the 14th February, 2019
S.O. 324.—In exercise of the powers conferred by clause(d) of section 3 of the Atomic Energy Act, 1962 (33 of
1962), the Central Government hereby declares the areas specified in the Schedule, to be the prohibited area, namely:-
SCHEDULE
Name of the Prohibited area
Boundaries or other description
(1)
(2)
Atomic Minerals Directorate for Exploration and Research
(Northeastern Region, Shillong) – 793 019.
Department of Atomic Energy, Government of India,
Nongmynsong,
Shillong,
East
Khasi
Hills
District,
Meghalaya.
Office area:-Area measuring 2.34 acres .
On the North - Nongmynsong Postal Office Residential
Complex.
On the South – Atomic Minerals Directorate for
Exploration and Research Residential Complex.
On the East – Khyriem Clan’s Land.
On the West – Main Public Works Department Road
(Police Bazaar to NEIGRIHMS Hospital Road).
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
आदेश
आदेश
आदेश
आदेश
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 325
325
325
325.— परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 27 'ारा (द) शि+य, का (योग करते
0ए, , , , कA 3 सरकार एत4ारा यह िनदcिशत करती है क उपयु?+ अिधिनयम क धारा 19 'ारा (द) शि+यां उिलिखत अनुसूची
के कॉलम 2 के तहत त=संबंधी (िविय, मA उिलिखत सभी या कसी अिधकारी 'ारा भी संल अनुसूची के कॉलम (1) के
तहत िविन`द? ]े<, जो (ितबंिधत ]े< ह, के संबंध मA (योग क जा सकेगी:-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
ऐसे अिधकारी जो अिधिनयम क धारा 19 के तहत शि+य,
का (योग कर सकते ह।
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय (पूव)र
]े<, िशलांग) - 793 019
परमाणु ऊजा? िवभाग, भारत सरकार, न,गिमनसग, िशलांग,
पूव[ खासी िहस िजला, मेघालय
काया?लय ]े<: - 2.34 एकड़ ]े<
1. ]े<ीय िनदेशक, परमाणु खिनज अ2वेषण एवं अनुसंधान
िनदेशालय, उ)र पूव)र ]े<
2. उप ]े<ीय िनदेशक, परमाणु खिनज अ2वेषण एवं
अनुसंधान िनदेशालय, उ)र पूव)र ]े<
3. सुर]ा अिधकारी, परमाणु खिनज अ2वेषण एवं अनुसंधान
िनदेशालय, उ)र पूव)र ]े<
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
ORDER
Mumbai, the 14th February, 2019
S.O. 325.—In exercise of the powers conferred by section 27 of the Atomic Energy Act, 1962 (33 of 1962), the
Central Government hereby directs that the powers conferred on it by section 19 of the said Act shall, in respect of the
areas specified under column (1) of the Schedule annexed hereto, being a prohibited area, be exercisable also by all or
any of the officers mentioned in the corresponding entries under column (2) of the said Schedule, namely:-
1012
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
SCHEDULE
Name of the Prohibited area
The officer who may exercise powers under section 19
of the said Act
(1)
(2)
Atomic Minerals Directorate
for Exploration and Research
(Northeastern Region, Shillong) – 793 019
Department of Atomic Energy, Government of India,
Nongmynsong, Shillong, East Khasi Hills District, Meghalaya.
Office area:- Area measuring 2.34 acres
1. Regional Director, Atomic Minerals Directorate
for Exploration and Research, North Eastern
Region.
2. Deputy Regional Director, Atomic Minerals
Directorate for Exploration and Research, North
Eastern Region.
3. Security Officer, Atomic Minerals Directorate for
Exploration
and
Research,
North
Eastern
Region.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 326
326
326
326.—परमाणु ऊजा? अिधिनयम, , , , 1962 (1962 का 33) क धारा 3 के खंड (डी) 'ारा (द) शि+य, का
(योग करते 0ए, कA 3 सरकार एत4ारा अनुसूची मA िविन`द? ]े<, को िनिष_ ]े< के Mप मA घोिषत करती है जो इस (कार है
:
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
सीमाएं या अ2य िववरण
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय, दि]णी
]े<, नागरभावी, बAगलूU – 560072, भारत सरकार, परमाणु
ऊजा? िवभाग, कना?टक राय।
ऑफस-सह-(योगशाला पIरसर: - नागरभावी गांव, बAगलुU
उ)र तालुक के सवc]ण संVया 6 मA 15 एकड़ भूिम पूव?, पिvम,
उ)र और दि]ण मA िविवालय क भूिम से िघरी है, पूव)र
मA सवc]ण संVया 57 क बाउ2ी लाइन और दि]ण पिvम मA
ान भारती पIरसर से िवजयनगर जाने वाली सड़क ।
उ)र मA- सवc संVया 6, राीय िश]क िश]ा पIरषद ।
दि]ण मA- सवc संVया 6, िविवालय क भूिम
पूव? मA- सवc संVया 6, िविवालय भूिम क सवc संVया
57, मौलाना आजाद उदू? िविवालय पIरसर ।
पिvम मA- सवc संVया 6, बAगलुM िविवालय क
आंतIरक सड़क ।
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
Mumbai, the 14th February, 2019
S.O. 326.—In exercise of the powers conferred by clause (d) of section 3 of the Atomic Energy Act, 1962 (33
of 1962), the Central Government hereby declares the areas specified in the Schedule, to be the prohibited area,
namely:-
SCHEDULE
Name of the prohibited area
Boundaries or other description
(1)
(2)
Atomic Minerals Directorate for Exploration and Research,
Southern
Region,
Nagarbhavi,
Bengaluru-
560072.
Department of Atomic Energy, Government of India, State of
Karnataka .
On the North- Survey No.6, National Council for
Teacher Education.
On the South- Survey No.6, University land.
On the East- Survey No.6, University land Survey
No.57, Maulana Azad Urudu University campus.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1013
Office cum Laboratory complex:- Area measuring 15 acres of
land in survey number 6 of Nagarbhavi Village, Bengaluru
North Taluk, bounded on the East, West, North and South by
University Land, on the North East by boundary line of
Survey number 57 and on the South West by the road going
to Vijayanagar from Jnana Bharathi campus.
On the West- Survey No.6, Internal Road of Bengaluru
University.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
आदेश
आदेश
आदेश
आदेश
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 327
327
327
327.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 27 'ारा (द) शि+य, का (योग करते
0ए, , , , कA 3 सरकार एत4ारा यह िनदcिशत करती है क उपयु?+ अिधिनयम क धारा 19 'ारा (द) शि+यां उिलिखत अनुसूची
के कॉलम 2 के तहत त=संबंधी (िविय, मA उिलिखत सभी या कसी अिधकारी 'ारा भी संल अनुसूची के कॉलम (1) के
तहत िविन`द? ]े<, जो (ितबंिधत ]े< ह, के संबंध मA (योग क जा सकेगी: -
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
अिधकारी जो उपयु?+ अिधिनयम क धारा
19 के तहत शि+य, का (योग कर सकता है
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय, दि]णी ]े< नागर भावी
बAगलूU-560 072,
परमाणु ऊजा? िवभाग, भारत सरकार,
बAगलूU – 560072, कना?टक राय
ऑफस सह (योगशाला पIरसर:-
नागरभावी गांव, बAगलुU उ)र तालुक के सवc]ण संVया 6 मA 15 एकड़ भूिम
]े<, पूव)र पर, सवc]ण संVया 57 क सीमा रेखा से पूव?, पिvम, उ)र और
दि]ण मA ि8थत है, दि]ण पिvम मA ान भारती पIरसर से िवजयनगर जाने
वाली सड़क ि8थत है ।
1.]े<ीय िनदेशक, दि]णी ]े<
2.उप ]े<ीय िनदेशक, दि]णी ]े<
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, , , , संयु+ सिचव
ORDER
Mumbai, the 14th February, 2019
S.O. 327.—In exercise of the powers conferred by section 27 of the Atomic Energy Act, 1962 (33 of 1962), the
Central Government hereby directs that the powers conferred on it by section 19 of the said Act shall, in respect of the
areas specified under column(1) of the Schedule annexed hereto, being a prohibited area, be exercisable also by all or
any of the officers mentioned in the corresponding entries under column (2) of the said Schedule, namely:-
SCHEDULE
Name of the prohibited area
The officer who may exercise powers under
section 19 of the said Act
(1)
(2)
Atomic Minerals Directorate for Exploration and Research, Southern
Region, Nagarbhavi, Bengaluru - 560 072. Department of Atomic
Energy, Government of India, State of Karnataka.
1.Regional Director, Southern Region.
2.Deputy Regional Director, Southern Region.
1014
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Office cum Laboratory complex:-
Area measuring 15 acres of land in survey number 6 of Nagarbhavi
Village, Bengaluru North Taluk, bounded on the East, West, North and
South by University Land, on the North East by boundary line of
Survey number 57 and on the South West by the road going to
Vijayanagar from Jnana Bharathi campus.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 328
328
328
328.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 3 के खंड (डी) 'ारा (द) शि+य, का
(योग करते 0ए, कA 3 सरकार एत4ारा अनुसूची मA िविन`द? ]े<, को िनिष_ ]े< के Mप मA घोिषत करती है जो इस (कार है:
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
सीमाएं या अ2य िववरण
1
2
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय
परमाणु ऊजा? िवभाग, भारत सरकार
पिvमी ]े<, से\टर 5, (िव8तार)
राज8थान हाउNसंग बोड?, सांगानेर, जयपुर -302033
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय,
पIरसर साइट:-
]े<फल 24,272 वग? मीटर राज8थान हाउNसंग बोड?,
खसरा नं 406/700 और 406/723 क भूिम, सब-
िडिवज़न सांगानेर, िजला-जयपुर, राज8थान
उ)र पूव? मA: साव?जिनक सड़क 30 फट चौड़ी, ट,क रोड
एनएच-12 से सांगानेर गांव से जुड़ी सड़क।
उ)र पिvम मA: परमाणु खिनज अ2वेषण एवं अनुसंधान
िनदेशालय आवासीय कालोनी
दि]ण पूव? मA: साव?जिनक सड़क 30 फट चौड़ी (ट,क रोड
एनएच 12 से सांगानेर गांव से जुड़ी सड़क)।
दि]ण पिvम मA: परमाणु खिनज िनदेशालय के िलए 30 फट
चौड़ी साव?जिनक सड़क अ2वेषण और अनुसंधान आवासीय
कॉलोनी.
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
Mumbai, the 14th February, 2019
S.O. 328.—In exercise of the powers conferred by clause (d) of section 3 of the Atomic Energy Act ,1962 (33
of 1962), the Central Government hereby declares the area specified in the Schedule, to be the prohibited area namely -
SCHEDULE
Name of the Prohibited area
Boundaries or other description
1
2
Atomic
Minerals
Directorate
For
Exploration
and
Research, Department of Atomic Energy, Government of
India.
Western Region, Sector 5, (EXT.) Rajasthan Housing
Board, Sanganer, JAIPUR-302033.
Atomic
Minerals
Directorate
For
Exploration
and
Research, Complex site:-
Area measuring 24,272sq.mtr. in Rajasthan Housing Board,
Land of Khasara No.406/700 and 406/723, under sub-
division Sanganer, District- Jaipur, Rajasthan.
On the North East: Public road 30 feet wide, Road linked
with Tonk Road N H 12 to Sanganer village.
On the North west: Atomic Minerals Directorate
For Exploration and Research, Residential Colony.
On the South East: Public road 30 feet wide (Road linked
with Tonk Road N H 12 to Sanganer village).
On the South West: Public road 30 feet wide towards
Atomic Minerals Directorate For
Exploration and Research Residential colony.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1015
आदेश
आदेश
आदेश
आदेश
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 329
329
329
329.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 27 'ारा (द) शि+य, का (योग करते
0ए, , , , कA 3 सरकार एत4ारा यह िनदcिशत करती है क उपयु?+ अिधिनयम क धारा 19 'ारा (द) शि+यां उिलिखत अनुसूची
के कॉलम 2 के तहत त=संबंधी (िविय, मA उिलिखत सभी या कसी अिधकारी 'ारा भी संल अनुसूची के कॉलम (1) के
तहत िविन`द? ]े<, जो (ितबंिधत ]े< ह, के संबंध मA (योग क जा सकेगी:-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
अिधकारी जो उपयु?+ अिधिनयम के
धारा 1 9 के तहत शि+य, का (योग कर
सकते ह
1
2
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय
परमाणु ऊजा? िवभाग, भारत सरकार
पिvमी ]े<, से\टर 5, (िव8तार) राज8थान हाउNसंग बोड?, सांगानेर, जयपुर -
302033 राज8थान।
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय, पIरसर 8थल
सब-िडिवज़न सांगानेर, िजला-जयपुर, राज8थान के तहत राज8थान हाउNसंग
बोड? आरएचबी का 24,272 वग? मीटर का ]े<फल खसरा नं. 406/700 और
406/723 क भूिम।
]े<ीय िनदेशक
उप ]े<ीय िनदेशक
सहायक काLम?क अिधकारी
सुर]ा अिधकारी
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
ORDER
Mumbai, the 14th February, 2019
S.O. 329.—In exercise of the powers conferred by section 27 of the Atomic Energy Act 1962 (33 of
1962), the central Government hereby directs that the power conferred on it by section 19 of the said Act
shall, in respect of the areas specified under column (1) of the schedule annexed hereto , being a prohibited
area , be exercisable also by all or any of the officer mentioned in the corresponding entries under column (2)
of the said Schedule, namely:-
SCHEDULE
Name of the Prohibited area
The Officers who
may exercise
powers under section 19 of the said
Act.
1
2
Atomic Minerals Directorate For Exploration and Research,
Department of Atomic Energy, Govt. of India
Western Region, Sector –5, (EXT.) Rajasthan Housing Board, Sanganer,
JAIPUR-302033, Rajasthan.
Atomic Minerals Directorate For Exploration and Research, Complex site
Area measuring 24,272sq.m in Rajasthan Housing Board R.H.B. Land of
Khasara No.406/700 and 406/723, under sub-division Sanganer, District-
Jaipur, Rajasthan.
Regional Director.
Deputy Regional Director.
Assistant Personnel Officer.
Security Officer.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
1016
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 330
330
330
330.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 3 के खंड (डी) 'ारा (द) शि+य, का
(योग करते 0ए, कA 3 सरकार एत4ारा अनुसूची मA िविन`द? ]े<, को िनिष_ ]े< के Mप मA घोिषत करती है जो इस (कार है:
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष' (े* का नाम
िनिष' (े* का नाम
िनिष' (े* का नाम
िनिष' (े* का नाम
सीमाएं या अ.य िववरण
सीमाएं या अ.य िववरण
सीमाएं या अ.य िववरण
सीमाएं या अ.य िववरण
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय
पूव[ ]े<,परमाणु ऊजा? िवभाग,
भारत सरकार, िजला- पूव[ Nसंहभूम, टाटानगर - 831002, झारखंड
संयं< 8थल :-
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय,
काया?लय पIरसर
]े< 3.80 एकड़ (15387.3169 वग? मीटर)
मौज़ा
थाना
खाता
नंबर
eलाट
नं
टाटानगर
खासमहल
eलाट न.
लाट
कतािध
1167
445
1392/P
206,
207,
208,
209,
210,
211,
212,
213,
214,
215,
216,
217,
218,
219,
220,
221,
596,
597
एवं
598.
उ)र क ओर: कतादीह रोड
दि]ण क तरफ: ामीण इंजीिनयरंग
संगठन और लॉक िवकास लॉक िवकास
काया?लय
पूव? क ओर: जमशेदपुर-\य,झार, राजमाग?
पिvम क तरफ: टाटानगर
खासमहल eलॉट संVया 222, 245, 482,
570, 477 और 476 जो परमाणु खिनज
अ2वेषण और अनुसंधान िनदेशालय का
आवासीय ]े< ।
[फा.सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, , , , संयु+ सिचव
Mumbai, the 14th February, 2019
S.O. 330.—In exercise of the powers conferred by clause (d) of section 3 of the Atomic Energy Act ,1962 (33
of 1962), the Central Government hereby declares the area specified in the Schedule, to be the prohibited area, namely :-
SCHEDULE
Name of the prohibited area
Boundaries or other description
(1)
(2)
Atomic
Minerals
Directorate for Exploration and
Research, Eastern
Region,
Department of Atomic Energy,
Government
of
India,
Dist.
East Singhbhum,
Tatanagar - 831002, Jharkhand.
North side :Kitadih Road
South side :Rural Engineering Organisation and
Block Development Office
East side: Jamshedpur-Keonjhar, Highway
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1017
Plant site :-
AtomicMinerals Directorate for Exploration and Research, Office
Complex
Area 3.80 Acre (15387.3169 sq.m)
West side : Tatanagar
Khasmahal Plot No.222, 245, 482,
570, 477 and 476 belong to Atomic Minerals
Directorate for Exploration and Research,
Residential area.
Mouza
Thana
Khata
Number.
Plot
No.
Tatanagar
Khasmahal Plot
Nos.
Plot
Kitadih
1167
445
1392/P
206,
207,
208,
209,
210,
211,
212,
213,
214,
215,
216,
217,
218,
219,
220,
221,
596,
597
and 598.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
आदेश
आदेश
आदेश
आदेश
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 331
331
331
331.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 27 'ारा (द) शि+य, का (योग करते
0ए, , , , कA 3 सरकार एत4ारा यह िनदcिशत करती है क उपयु?+ अिधिनयम क धारा 19 'ारा (द) शि+यां उिलिखत अनुसूची
के कॉलम 2 के तहत त=संबंधी (िविय, मA उिलिखत सभी या कसी अिधकारी 'ारा भी संल अनुसूची के कॉलम (1) के
तहत िविन`द? ]े<, जो (ितबंिधत ]े< ह, के संबंध मA (योग क जा सकेगी :-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
अिधकारी जो अिधिनयम के धारा 19 के तहत
शि+य, का (योग कर सकता है
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय
पूव[ ]े<, परमाणु ऊजा? िवभाग,
भारत सरकार, िजला- पूव[ Nसंहभूम,
टाटानगर - 831002, झारखंड
1. ेीय िनदेशक, परमाणु खिनज अ2वेषण एवं
अनुसंधान िनदेशालय, पूव[ ]े<
2. उप ]े<ीय िनदेशक, परमाणु खिनज िनदेशालय और
अनुसंधान, पूव[ ]े<
3. सहायक काLम?क अिधकारी, परमाणु खिनज अ2वेषण
एवं अनुसंधान िनदेशालय, पूव[ ]े<
4. सुर]ा अिधकारी परमाणु खिनज अ2वेषण एवं
अनुसंधान िनदेशालय, पूव[ ]े<
काया?लय साइट: -
कताडीह मौजा, थाना सं. 1167 के अंतग?त 3.80 एकड़
(15387.3169 वग? मीटर) ]े<, खाता संVया 445 eलॉट
संVया 1392/पी तथा टाटानगर खासमहल eलॉट नं. 206,
207, 208, 209, 210, 211, 212, 213,214, 215, 216,
217, 218, 219, 220, 221, 596, 597 और 598
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, संयु+ सिचव
1018
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
ORDER
Mumbai, the 14th February, 2019
S.O.331.—In exercise of the powers conferred by section 27 of the Atomic Energy Act 1962 (33 of 1962), the
central Government hereby directs that the powers conferred on it by section 19 of the said Act shall, in respect of the
areas specified under column (1) of the schedule annexed hereto , being a prohibited area , be exercisable also by all or
any of the officers mentioned in the corresponding entries under column (2) of the said Schedule, namely:-
SCHEDULE
Name of the Prohibited area
The Officer who may exercise powers under section
19 of the said Act
(1)
(2)
Atomic
Minerals
Directorate for Exploration and
Research, Eastern
Region, Department of Atomic Energy,
Government of India, Dist. East Singhbhum,
Tatanagar - 831002, Jharkhand.
1. Regional Director, Atomic
Minerals Directorate
for Exploration and Research, Eastern Region.
2. Deputy Regional Director, Atomic Minerals
Directorate for Exploration and Research, Eastern
Region.
3. Assistant Personnel Officer, Atomic Minerals
Directorate for Exploration and Research, Eastern
Region.
4. Security Officer, Atomic Minerals
Directorate
for Exploration and Research, Eastern Region.
Office Site:-
Area
measuring
3.80 Acre
(15387.3169
sq.m) falling under Kitadih Mouza, Thana
No. 1167, Khata Number 445 Plot Number 1392/P and
Tatanagar Khasmahal Plot
Numbers 206, 207, 208, 209, 210, 211, 212, 213,214, 215,
216, 217, 218, 219, 220, 221, 596, 597 and 598.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
मुंबई, 14 फरवरी, 2019
का. आ.
का. आ.
का. आ.
का. आ. 332
332
332
332.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 3 के खंड (डी) 'ारा (द) शि+य, का
(योग करते 0ए, कA 3 सरकार एत4ारा अनुसूची मA िविन`द? ]े<, को िनिष_ ]े< के Mप मA घोिषत करती है जो इस (कार है:
िनिष_ ]े< का नाम
सीमाएं या अ2य िववरण
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय का
काया?लय पIरसर
परमाणु ऊजा? िवभाग, भारत सरकार, िजला नागपुर,
महारा- 440001
िनmिलिखत उप खंड, के तहत 5.77 एकड़ ]े< :-
सवc]ण संVया 51, 52
बंगला नंबर 16ए 16बी
शीट संVया 109,110/98
खसरा संVया 9
मौज़ा धरमपेट
उ)र मA: सेिमनरी पहािड़य, क ओर तेलAखेड़ी रोड।
पूव? मA: कA 3ीय लोक िनमा?ण िवभाग के ाट?र और भारत क
राीय ईसाई पIरषद।
दि]ण मA: बी और सी बंगले (राय सरकार) और कA 3ीय (ांत
\लब रोड़।
पिvम मA: रिवनगर और बी और सी बंगल, क ओर सड़क
(राय सरकार)
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, , , , संयु+ सिचव
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1019
Mumbai, the 14th February, 2019
S.O. 332.—In exercise of the powers conferred by clause(d) of section (3) of the Atomic Energy Act, 1962(33
of 1962), the central Government hereby declares the areas specified in the schedule, to be the prohibited area, namely:-
SCHEDULE
Name of the prohibited area
Boundaries or other description
(1)
(2)
Atomic Minerals Directorate for Exploration and
Research Office Complex
Department of Atomic Energy, Government of India,
District Nagpur Maharashtra- 440001
Area measuring 5.77 acres under following sub division
of :-
SURVEY NUMBER 51,52
BUNGALOW NUMBER 16A 16B
SHEET NUMBER 109,110/98
KHASRA NUMBER 9
MAUZA DHARAMPETH.
On
the
North:
Telenkhedi
road
towards
Seminary hills.
On the East: Central Public Works Department quarters and
National Christian council of India.
On the South: B and C Bungalows (State Government) and
Central Provinces club road.
On the West: Road towards Ravinagar and B and C
bungalows (State Government)
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
आदेश
आदेश
आदेश
आदेश
मुंबई, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 333
333
333
333.—परमाणु ऊजा? अिधिनयम, 1962 (1962 का 33) क धारा 27 'ारा (द) शि+य, का (योग करते
0ए, , , , कA 3 सरकार एत4ारा यह िनदcिशत करती है क उपयु?+ अिधिनयम क धारा 19 'ारा (द) शि+यां उिलिखत अनुसूची
के कॉलम 2 के तहत त=संबंधी (िविय, मA उिलिखत सभी या कसी अिधकारी 'ारा भी संल अनुसूची के कॉलम (1) के
तहत िविन`द? ]े<, जो (ितबंिधत ]े< ह, के संबंध मA (योग क जा सकेगी:-
अनुसूची
अनुसूची
अनुसूची
अनुसूची
िनिष_ ]े< का नाम
अिधकारी जो अिधिनयम के धारा 19 के तहत शि+य, का
(योग कर सकते ह
(1)
(2)
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय का
काया?लय पIरसर
परमाणु ऊजा? िवभाग, भारत सरकार, िजला नागपुर
महारा- 440001
िनmिलिखत उप खंड, के तहत 5.77 एकड़ ]े< :-
सवc]ण संVया 51,52
बंगला नंबर 16ए 16बी
शीट संVया 109,110/98
खसरा संVया 9
मौज़ा धरमपेट
1. ]े<ीय िनदेशक, मkयवत[ ]े<,
परमाणु खिनज अ2वेषण एवं अनुसंधान िनदेशालय
नागपुर.
2 उप ]े<ीय िनदेशक, मkयवत[ ]े<, परमाणु खिनज अ2वेषण
एवं अनुसंधान िनदेशालय,नागपुर.
3. सहायक काLम?क अिधकारी, मkयवत[ ]े<, परमाणु खिनज
अ2वेषण एवं अनुसंधान िनदेशालय, नागपुर
[फा. सं. एईए/19(1)/2017-ईआर]
जयंत खोागड़े, , , , संयु+ सिचव
1020
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
ORDER
Mumbai, the 14th February, 2019
S.O. 333.—In exercise of the powers conferred by section 27 of the Atomic Energy Act, 1962 (33 of 1962) the
central government hereby directs that the powers conferred on it by section 19 of the said Act shall, in respect of the
areas specified under column(1) of the schedule annexed hereto, being a prohibited area, be exercisable also by all or any
of the officers mentioned in the corresponding entries in column(2) of the said schedule, namely:-
SCHEDULE
Name of the prohibited Area.
The Officer who may exercise powers under section 19 of
the said Act.
(1)
(2)
Atomic
Minerals
Directorate
for
Exploration
and
Research Office Complex.
Department of Atomic Energy, Government of India,
District Nagpur Maharashtra- 440001.
Area measuring 5.77 acres under following sub division
of:-
SURVEY NUMBER 51,52
BUNGALOW NUMBER 16A 16B
SHEET NUMBER 109,110/98
KHASRA NUMBER 9
MAUZA DHARAMPETH.
1.
Regional Director, Central Region, Atomic
Mineral Directorate for Exploration and
Research, Nagpur.
2. Deputy Regional Director, Central Region,
Atomic Mineral Directorate for Exploration and
Research, Nagpur.
3. Assistant personnel officer, Central Region,
Atomic Mineral Directorate for Exploration and
Research, Nagpur.
[F. No. AEA/19(1)/2017-ER]
JAYANT KHOBRAGADE, Jt. Secy.
isVªksfy;e vkSj izkÑfrd xSl ea=ky;
ubZ fnYyh] 25 Qjojh] 2019
dk-vk- 334&dsUnzh; ljdkj us isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ ¼ftls blesa blds i'pkr~ mä vf/kfu;e dgk x;k gSa½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds v/khu tkjh dh
xbZ Hkkjr ljdkj ds isVªksfy;e vkSj izkÑfrd xSl ea=ky; dh vf/klwpuk la[;k dk-vk- 2215 rkjh[k 14 flrEcj] 2017 tks
Hkkjr ds jkti= Øekad 38 rkjh[k 17 flrEcj & 23 flrEcj 2017 ,oa dk-vk- 1101 rkjh[k 17 tqykÃ] 2018 tks Hkkjr ds
jkti= dzekad 29] rkjh[k 22 tqykà & 28 tqykà 2018 esa izdkf'kr dh xbZ Fkh }kjk ml vf/klwpuk ls layXu vuqlwph esa
fofufnZ"V Hkwfe esa egkjk"Vª jkT; esa ftyk ukfld esa rkYkqdk ukanxako dks;yh & vgenuxj & lksykiqj isVªksfy;e ifjogu ds
fy, bafM;u vkW;y dkWiksZj'ku fyfeVsM }kjk ikbiykbZu fcNkus ds iz;kstu ds fy, mi;ksx ds vf/kdkj ds vtZu ds vius
vk'k; dh ?kks"k.kk dh Fkh (
vkSj mä jkti= vf/kfu;e dh izfr;ka turk dks rkjh[k 19 flrEcj] 2018 rd miyC/k djk dh xbZ Fkh (
vkSj l{ke izkf/kdkjh us mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ ds v/khu dsUæh; ljdkj dks fjiksVZ dh gS (
vkSj dsUæh; ljdkj us] mä fjiksVZ ij fopkj djus ds i'pkr~ vkSj ;g lek/kku gks tkus ij fd mä Hkwfe ikbiykbZu fcNkus
ds fy, visf{kr gS] mlesa mi;ksx ds vf/kdkj dk vtZu djus dk fofu'p; fd;k gS (
vr% vc] dsUæh; ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq, ;g ?kks"k.kk
djrh gS fd bl vf/klwpuk ls layXu vuqlwph esa fofufnZ"V Hkwfe esa ikbiykbZu fcNkus ds fy, mi;ksx ds vf/kdkj dk vtZu
fd;k tk, (
vkSj ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼4½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq,] ;g funsZ'k nsrh gS fd mä
Hkwfe esa mi;ksx dk vf/kdkj bl ?kks"k.kk ds izdk'ku dh rkjh[k ls dsUæh; ljdkj esa fufgr gksus ds ctk,] lHkh foYyaxeksa ls
eqä gksdj bafM;u vkW;y dkWiksZj'ku fyfeVsM esa fufgr gksxh A
isVªksfy;e vkSj [kfut ikbiykbZu vf/kfu;e] 1962 dh /kkjk 10 ds v/khu fdlh Hkh {kfriwfrZ ds fy, bafM;u vkW;y dkWiksZjs'ku
fyfeVsM iw.kZr;k mÙkjnk;h gksxh vkSj ikbiykbZu ls lEcfU/kr fdlh Hkh ekeys ij dsUæh; ljdkj ds fo#) dksbZ okn nkok ;k
dkuwuh dk;Zokgh ugha gks ldsxhA
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1021
vuqlwPkh
rkyqdk%&ukanxako
ftyk%& ukfld
jkT;%& egkjk"Vª
ekSts @xzke
losZ @ Cykd @ la-
¼IyksV la-½
lc&Mho&la-
{ks=Qy
gsDVs;j
vkjs
oxZ ehVj
¼1½
¼2½
¼3½
¼4½
¼5½
¼5½
cks;xkao
142
00
29
64
HkkMhZ
106
00
05
58
105@1c
00
11
82
105@2
00
10
86
104@1
00
11
39
104@2
00
11
59
103@v@2
00
06
66
103@c@2@2
103@v@1@c
103@c@2@1
103@c@1@3
00
06
10
00
00
06
05
31
50
00
07
84
103@c@1@2
00
07
73
103@c@1@1
00
09
67
102@1
00
40
35
102@2
101
00
39
68
100
00
25
37
uolkjh
179@1
00
23
62
178
00
11
24
177
00
22
85
162
00
27
37
160
00
09
43
159
00
08
12
158
00
11
77
157
00
03
83
156
00
21
35
161
00
00
20
154
00
10
13
155
00
20
53
122@v@2
00
45
72
120@v@1
00
11
32
120@v@2
00
11
88
120@c@1
00
18
77
119@1
00
19
42
119@2
00
04
04
[kknxkao
34
00
58
17
37@1@1
00
09
24
37@1@2
00
12
27
37@1@3
00
14
49
37@4
00
61
81
1@c@2@v
00
13
95
2@c
00
21
90
288
00
51
43
289@M
00
17
42
289@Ã
00
01
35
289@d
00
01
92
302
00
08
96
298
00
04
56
299
00
15
72
300@1
00
05
35
300@2
00
15
07
1022
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
¼1½
¼2½
¼3½
¼4½
¼5½
¼5½
[kknxkao
301
305@v
00
00
07
25
92
96
206@1
00
10
96
206@1@av
00
05
93
206@2
00
00
98
205@1
00
06
69
205@2
00
01
55
205@3
00
08
26
204
00
14
71
203
00
08
38
202@1
00
23
03
202@2@2
00
11
12
202@2@3
00
11
23
201@c
00
03
42
201@2@v
00
20
97
vLrxkao
26
00
12
45
36@1
00
22
58
36@2
00
08
65
34
00
21
85
35@1
00
23
76
35@2
00
00
04
42
00
00
32
41
00
04
55
43
00
05
73
44
00
04
27
54 iSdh
00
30
53
55@4
00
09
27
55@6
00
16
13
55@7
00
26
81
54@5
00
03
57
106@1
00
00
60
106@2
00
29
96
106@3
00
45
68
109@c1@v1@2@1
00
30
09
109@c1@v@3@1
00
30
54
109@c1@v@3@3
00
08
27
120@3
00
23
62
121@2
00
73
94
122@2
00
41
97
123@1
00
05
98
123@2
00
06
16
123@3
00
08
14
123@4
00
08
22
123@5
00
06
19
123@6
00
00
64
124
00
19
95
125
00
10
75
[Qk- la- vkj&11025¼11½6@2018&vksvkj&I@bZ&23678]
'kkUruq /kj] voj lfpo
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 25th February, 2019
S.O. 334.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural
Gas vide S.O. No. 2215 dated the 14th September, 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), Published in the Gazette of India No.38 dated the 17th September-23rd September 2017, and Gazette of India, No.29
dated 22 – 28 July, 2018 S.O.No.1101 dated 17th July 2018 the Central Government declared its intention to acquire the
right of user in the land specified in the Schedule appended to that notification for the purpose of laying Koyali-
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1023
Ahmednagar-Solapur Pipeline for the transportation of Petroleum Products in Taluka Nandgaon in Nashik District in the
State of Maharashtra by Indian Oil Corporation Limited;
And whereas copies of the said Gazette notification were made available to the public up to 19th September
2018;
And whereas the competent authority has under sub-section (1) of Section 6 of said act submitted report to the
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 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 right of user in the said land for laying the pipeline shall, instead of vesting in the Central
Government, vest on the date of publication of the declaration, in Indian Oil Corporation Limited, free from all
encumbrances.
Indian 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 the pipeline.
SCHEDULE
Taluka:- Nandgaon
District:- Nashik
State :- Maharashtra
Mouje / Village
Survey/Block No.
Sub-Div-No.
Area
Hectare
Are
Sq.mtr.
(1)
(2)
(3)
(4)
(5)
(6)
Boygaon
142
00
29
64
Bhardi
106
00
05
58
105/1B
00
11
82
105/2
00
10
86
104/1
00
11
39
104/2
00
11
59
103/A/2
00
06
66
103/B/2/2
00
06
10
103/A/1/B
00
06
31
103/B/2/1
00
05
50
103/B/1/3
00
07
84
103/B/1/2
00
07
73
103/B/1/1
00
09
67
102/1
00
40
35
102/2
101
00
39
68
100
00
25
37
Nawasari
179/1
00
23
62
178
00
11
24
177
00
22
85
162
00
27
37
160
00
09
43
159
00
08
12
158
00
11
77
157
00
03
83
156
00
21
35
161
00
00
20
154
00
10
13
155
00
20
53
122/A/2
00
45
72
120/A/1
00
11
32
120/A/2
00
11
88
120/B/1
00
18
77
119/1
00
19
42
119/2
00
04
04
Khadgaon
34
00
58
17
37/1/1
00
09
24
1024
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
(1)
(2)
(3)
(4)
(5)
(6)
Khadgaon
37/1/2
00
12
27
37/1/3
00
14
49
37/4
00
61
81
1/B/2/A
00
13
95
2/B
00
21
90
288
00
51
43
289/D
00
17
42
289/E
00
01
35
289/K
00
01
92
302
00
08
96
298
00
04
56
299
00
15
72
300/1
00
05
35
300/2
00
15
07
301
00
07
92
305/A
00
25
96
206/1
00
10
96
206/1/A
00
05
93
206/2
00
00
98
205/1
00
06
69
205/2
00
01
55
205/3
00
08
26
204
00
14
71
203
00
08
38
202/1
00
23
03
202/2/2
00
11
12
202/2/3
00
11
23
201/B
00
03
42
201/2/A
00
20
97
Astagaon
26
00
12
45
36/1
00
22
58
36/2
00
08
65
34
00
21
85
35/1
00
23
76
35/2
00
00
04
42
00
00
32
41
00
04
55
43
00
05
73
44
00
04
27
54 Paiki
00
30
53
55/4
00
09
27
55/6
00
16
13
55/7
00
26
81
54/5
00
03
57
106/1
00
00
60
106/2
00
29
96
106/3
00
45
68
109/B1/A1/2/1
00
30
09
109/B1/A/3/1
00
30
54
109/B1/A/3/3
00
08
27
120/3
00
23
62
121/2
00
73
94
122/2
00
41
97
123/1
00
05
98
123/2
00
06
16
123/3
00
08
14
123/4
00
08
22
123/5
00
06
19
123/6
00
00
64
124
00
19
95
125
00
10
75
[F. No. R-11025(11)6/2018-OR-I/E-23678]
SANTANU DHAR, Under Secy.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1025
ubZ fnYyh] 25 Qjojh] 2019
dk-vk- 335-&dsUnzh; ljdkj us isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ ¼ftls blesa blds i'pkr~ mä vf/kfu;e dgk x;k gSa½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds v/khu tkjh dh
xbZ Hkkjr ljdkj ds isVªksfy;e vkSj izkÑfrd xSl ea=ky; dh vf/klwpuk la[;k dk-vk- 1097 rkjh[k 17 tqykÃ] 2018 tks
Hkkjr ds jkti= Øekad 29] rkjh[k 22 tqykà & 28 tqykà 2018 esa izdkf'kr dh xbZ Fkh }kjk ml vf/klwpuk ls layXu
vuqlwph esa fofufnZ"V Hkwfe esa egkjk"Vª jkT; esa ftyk vgenuxj esa rkYkqdk uxj dks;yh & vgenuxj & lksykiqj isVªksfy;e
ifjogu ds fy, bafM;u vkW;y dkWiksZj'ku fyfeVsM }kjk ikbiykbZu fcNkus ds iz;kstu ds fy, mi;ksx ds vf/kdkj ds vtZu
ds vius vk'k; dh ?kks"k.kk dh Fkh (
vkSj mä jkti= vf/kfu;e dh izfr;ka turk dks rkjh[k 25 vDrwcj 2018 rd miyC/k djk nh xbZ Fkh (
vkSj l{ke izkf/kdkjh us mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ ds v/khu dsUæh; ljdkj dks fjiksVZ dh gS (
vkSj dsUæh; ljdkj us] mä fjiksVZ ij fopkj djus ds i'pkr~ vkSj ;g lek/kku gks tkus ij fd mä Hkwfe ikbiykbZu fcNkus
ds fy, visf{kr gS] mlesa mi;ksx ds vf/kdkj dk vtZu djus dk fofu'p; fd;k gS (
vr% vc] dsUæh; ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq, ;g ?kks"k.kk
djrh gS fd bl vf/klwpuk ls layXu vuqlwph esa fofufnZ"V Hkwfe esa ikbiykbZu fcNkus ds fy, mi;ksx ds vf/kdkj dk vtZu
fd;k tk, (
vkSj ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼4½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq,] ;g funsZ'k nsrh gS fd mä
Hkwfe esa mi;ksx dk vf/kdkj bl ?kks"k.kk ds izdk'ku dh rkjh[k ls dsUæh; ljdkj esa fufgr gksus ds ctk,] lHkh foYyaxeksa ls
eqä gksdj bafM;u vkW;y dkWiksZj'ku fyfeVsM esa fufgr gksxh A
isVªksfy;e vkSj [kfut ikbiykbZu vf/kfu;e] 1962 dh /kkjk 10 ds v/khu fdlh Hkh {kfriwfrZ ds fy, bafM;u vkW;y dkWiksZj'ku
fyfeVsM iw.kZr;k mÙkjnk;h gksxh vkSj ikbiykbZu ls lEcfU/kr fdlh Hkh ekeys ij dsUæh; ljdkj ds fo#) dksbZ okn nkok ;k
dkuwuh dk;Zokgh ugha gks ldsxhA
vuqlwPkh
rkyqdk%& uxj
ftyk%& vgenuxj
jkT;%& egkjk"Vª
ekSts @xzke
losZ @ Cykd @ la-
¼IyksV la-½
lc&Mho&la-
{ks=Qy
gsDVs;j
vkjs
oxZ ehVj
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
ukanxkao
9@1c@1@2
00
10
23
10@1v@2v@2
00
01
31
10@1v@2v@2
00
26
03
10@1v@2c@1v@1@1c@1
00
13
31
10@1v@2c@1v@1@1c@3
00
01
11
11@2
00
18
35
11@1
00
09
67
13@1
00
15
89
13@2@1
00
17
28
f'kaxos
32@1@1@c@1
00
12
56
32@2@1
00
11
16
32@3@1
00
10
43
30@2@3@v1
00
11
61
30@4@5@1@2
00
07
57
30@4@5@1@3
00
03
88
1026
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
29@1
00
07
19
29@2v
00
08
14
29@5
00
07
82
28@1c@2@2
00
08
93
28@1v@2@1
00
08
52
28@2@5
00
08
75
27@1v
00
06
61
27@1d@6v@3@4@5@2
00
03
23
27@1d@6v@3@4@5@3
00
03
53
27@7@2
00
04
25
27@7@1
00
04
34
27@8
00
04
81
113@1
00
13
36
18@2
00
18
65
18@1
00
03
19
81@4
00
23
94
81@3
00
02
74
78@1v
00
01
01
78@1@c@4@c
00
10
98
79
00
32
38
blekyiqj
18
00
12
75
19@2
00
00
85
17
00
05
77
16
00
06
32
15@1
00
06
88
15@2
00
20
03
111
00
09
68
110
00
06
52
108@1
00
11
69
108@2
00
06
93
107@1
00
15
58
99@3@1
00
00
22
122
00
00
33
123@1
00
04
95
123@2
00
03
09
126@1
00
06
02
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1027
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
130@1@1
00
06
81
130@1@2
00
05
69
130@1@3
00
02
78
130@1@4
00
03
16
130@1@5
00
06
48
130@1@6
00
03
24
130@2
00
02
99
132@1@2
00
05
33
132@3@1
00
05
04
136
00
21
91
nsgjs
221
00
13
22
220@1
00
17
36
219
00
55
80
195
00
09
02
195
00
13
52
196
00
36
39
197@3
00
09
24
197@1@v
00
06
59
198@1
00
26
50
199@1¼199@3½
00
21
39
189@1v
00
22
08
189@2
00
20
07
178@2
00
26
21
178@1@v@2@1@c@2
00
08
55
178@1@v@1
00
23
65
178@1@c@1
00
06
33
[Qk- la- vkj&11025¼11½6@2018&vksvkj&I@bZ&23678]
'kkUruq /kj] voj lfpo
New Delhi, the 25th February, 2019
S. O. 335.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural
Gas vide S.O.No.1097 dated 17th July 2018 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), (here in after referred to as the said Act),
Published in the Gazette of India, No.29 dated 22 – 28 July, 2018 the Central Government declared its intention to
acquire the right of user in the land specified in the Schedule appended to that notification for the purpose of laying
Koyali-Ahmednagar-Solapur Pipeline for the transportation of Petroleum Products in Taluka Rahuri in Ahmadnagar
District in the State of Maharashtra by Indian Oil Corporation Limited;
And whereas copies of the said Gazette notification were made available to the public up to 25 October 2018;
1028
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
And whereas the competent authority has under sub-section (1) of Section 6 of said act submitted report to the
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 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 right of user in the said land for laying the pipeline shall, instead of vesting in the Central
Government, vest on the date of publication of the declaration, in Indian Oil Corporation Limited, free from all
encumbrances.
Indian 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 the pipeline.
SCHEDULE
Taluka:- Nagar
District:- Ahmadnagar
State :- Maharashtra
Mouje / Village
Survey/Block No.
Sub-Div-No.
Area
Hectare
Are
Sq.mtr.
(1)
(2)
(3)
(4)
(5)
(6)
Nandgaon
9/1B/1/2
00
10
23
10/1A/2A/2
00
01
31
10/1A/2A/2
00
26
03
10/1A/2B/1A/1/1B/1
00
13
31
10/1A/2B/1A/1/1B/3
00
01
11
11/2
00
18
35
11/1
00
09
67
13/1
00
15
89
13/2/1
00
17
28
Shingawe
32/1/1/B/1
00
12
56
32/2/1
00
11
16
32/3/1
00
10
43
30/2/3/A1
00
11
61
30/4/5/1/2
00
07
57
30/4/5/1/3
00
03
88
29/1
00
07
19
29/2A
00
08
14
29/5
00
07
82
28/1B/2/2
00
08
93
28/1A/2/1
00
08
52
28/2/5
00
08
75
27/1A
00
06
61
27/1K/6A/3/4/5/2
00
03
23
27/1K/6A/3/4/5/3
00
03
53
27/7/2
00
04
25
27/7/1
00
04
34
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1029
(1)
(2)
(3)
(4)
(5)
(6)
27/8
00
04
81
113/1
00
13
36
18/2
00
18
64
18/1
00
03
19
81/4
00
23
94
81/3
00
02
74
78/1A
00
01
01
78/1/B/4/B
00
10
98
79
00
32
38
Ismalpur
18
00
12
75
19/2
00
00
85
17
00
05
77
16
00
06
32
15/1
00
06
88
15/2
00
20
03
111
00
09
68
110
00
06
52
108/1
00
11
69
108/2
00
06
93
107/1
00
15
58
99/3/1
00
00
22
122
00
00
33
123/1
00
04
95
123/2
00
03
09
126/1
00
06
02
130/1/1
00
06
81
130/1/2
00
05
69
130/1/3
00
02
78
130/1/4
00
03
16
130/1/5
00
06
48
130/1/6
00
03
24
130/2
00
02
99
132/1/2
00
05
33
132/3/1
00
05
04
136
00
21
91
Dehare
221
00
13
22
220/1
00
17
36
219
00
55
80
195
00
09
02
195
00
13
52
196
00
36
39
197/3
00
09
24
1030
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
(1)
(2)
(3)
(4)
(5)
(6)
197/1/A
00
06
59
198/1
00
26
50
199/1(199/3)
00
21
39
189/1A
00
22
08
189/2
00
20
07
178/2
00
26
21
178/1/A/2/1/B/2
00
08
55
178/1/A/1
00
23
65
178/1/B/1
00
06
33
[F. No. R-11025(11)6/2018-OR-I/E-23678]
SANTANU DHAR, Under Secy.
ubZ fnYyh] 25 Qjojh] 2019
dk-vk- 336-&dsUnzh; ljdkj us isVªksfy;e vkSj [kfut ikbZiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ ¼ftls blesa blds i'pkr~ mä vf/kfu;e dgk x;k gSa½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds v/khu tkjh dh
xbZ Hkkjr ljdkj ds isVªksfy;e vkSj izkÑfrd xSl ea=ky; dh vf/klwpuk la[;k dk-vk- 2222 rkjh[k 14 flrEcj] 2017 tks
Hkkjr ds jkti= dzekad 38] rkjh[k 17 flrEcj & 23 flrEcj 2017 esa izdkf'kr dh xbZ Fkh }kjk ml vf/klwpuk ls layXu
vuqlwph esa fofufnZ"V Hkwfe esa egkjk"Vª jkT; esa ftyk vgenuxj esa rkYkqdk jkgqjh dks;yh & vgenuxj & lksykiqj isVªksfy;e
ifjogu ds fy, bafM;u vkW;y dkWiksZj'ku fyfeVsM }kjk ikbZiykbZu fcNkus ds iz;kstu ds fy, mi;ksx ds vf/kdkj ds vtZu
ds vius vk'k; dh ?kks"k.kk dh Fkh (
vkSj mä jkti= vf/kfu;e dh izfr;ka turk dks rkjh[k 14 flrEcj 2018 rd miyC/k djk nh xbZ Fkh (
vkSj l{ke izkf/kdkjh us mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ ds v/khu dsUæh; ljdkj dks fjiksVZ dh gS (
vkSj dsUæh; ljdkj us] mä fjiksVZ ij fopkj djus ds i'pkr~ vkSj ;g lek/kku gks tkus ij fd mä Hkwfe ikbZiykbZu fcNkus
ds fy, visf{kr gS] mlesa mi;ksx ds vf/kdkj dk vtZu djus dk fofu'p; fd;k gS (
vr% vc] dsUæh; ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq, ;g ?kks"k.kk
djrh gS fd bl vf/klwpuk ls layXu vuqlwph esa fofufnZ"V Hkwfe esa ikbZiykbZu fcNkus ds fy, mi;ksx ds vf/kdkj dk vtZu
fd;k tk, (
vkSj ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼4½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq,] ;g funsZ'k nsrh gS fd mä
Hkwfe esa mi;ksx dk vf/kdkj bl ?kks"k.kk ds izdk'ku dh rkjh[k ls dsUæh; ljdkj esa fufgr gksus ds ctk,] lHkh foYyaxeksa ls
eqä gksdj bafM;u vkW;y dkWiksZj'ku fyfeVsM esa fufgr gksxh A
isVªksfy;e vkSj [kfut ikbZiykbZu vf/kfu;e] 1962 dh /kkjk 10 ds v/khu fdlh Hkh {kfriwfrZ ds fy, bafM;u vkW;y dkWiksZj'ku
fyfeVsM iw.kZr;k mÙkjnk;h gksxh vkSj ikbZiykbZu ls lEcfU/kr fdlh Hkh ekeys ij dsUæh; ljdkj ds fo#) dksbZ okn nkok ;k
dkuwuh dk;Zokgh ugha gks ldsxhA
vuqlwPkh
rkyqdk%& jkgqjh
ftyk%& vgenuxj
jkT;%& egkjk"Vª
ekSts @xzke
losZ @ Cykd @ la-
¼IyksV la-½
lc&Mho&la-
{ks=Qy
gsDVj
vkj
oxZ ehVj
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
Ykk[k
10@4
00
25
93
117@2
00
06
10
118
00
03
93
119
00
05
78
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1031
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
Ykk[k
120
00
06
66
121
00
06
54
122
00
12
55
123
00
02
11
124@1
00
15
13
125
00
08
00
128
00
04
59
129
00
00
88
126
00
09
01
127
00
13
62
136
00
03
91
137@1
00
16
40
142
00
01
06
141
00
24
21
140@1
00
01
96
139@2@1
00
14
04
206@c@2@1
00
05
65
206@d@2
00
21
02
206@v@1@1@1
00
22
61
206@v@1@1@2
00
12
24
205@1@c
00
43
02
196@1@3
00
10
59
196@1@2@1
00
05
57
f=acdiqj
60@6
00
06
14
60@5
00
06
12
60@4
00
06
29
60@3
00
08
45
60@2
00
06
37
60@1
00
05
69
/kkeksjh cqnzqd
167@1
00
17
82
168@2
1+68@2@1
1+68@3
00
27
27
168@4
168@5
168@6
147
00
34
13
149
00
04
64
148@2@1
00
02
53
148@2@2
00
22
41
1032
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
/kkeksjh cqnzqd
148@1@2
00
04
19
127@1
00
07
61
126@1
00
07
60
125@1
00
07
47
125@2
00
07
56
80@1
00
18
45
[Qk- la- vkj&11025¼11½6@2018&vksvkj&I@bZ&23678]
'kkUruq /kj] voj lfpo
New Delhi, the 25th February, 2019
S. O. 336.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural
Gas vide S.O. No. 2222 dated the 14th September, 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), (here in after referred to as the said
Act), Published in the Gazette of India, No.38 dated 17 – 23 September, 2017 the Central Government declared its
intention to acquire the right of user in the land specified in the Schedule appended to that notification for the purpose of
laying Koyali-Ahmednagar-Solapur Pipeline for the transportation of Petroleum Products in Taluka Rahuri in
Ahmadnagar District in the State of Maharashtra by Indian Oil Corporation Limited;
And whereas copies of the said Gazette notification were made available to the public up to 14 September 2018;
And whereas the competent authority has under sub-section (1) of Section 6 of said act submitted report to the
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 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 right of user in the said land for laying the pipeline shall, instead of vesting in the Central
Government, vest on the date of publication of the declaration, in Indian Oil Corporation Limited, free from all
encumbrances.
Indian 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 the pipeline.
SCHEDULE
Taluka:- Rahuri
District:- Ahmadnagar
State :- Maharashtra
Mouje / Village
Survey/Block No.
Sub-Div-No.
Area
Hectare
Are
Sq.mtr.
(1)
(2)
(3)
(4)
(5)
(6)
Lakh
10/4
00
25
93
117/2
00
06
10
118
00
03
93
119
00
05
78
120
00
06
66
121
00
06
54
122
00
12
55
123
00
02
11
124/1
00
15
13
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1033
(1)
(2)
(3)
(4)
(5)
(6)
Lakh
125
00
08
00
128
00
04
59
129
00
00
88
126
00
09
01
127
00
13
62
136
00
03
91
137/1
00
16
40
142
00
01
06
141
00
24
21
140/1
00
01
96
139/2/1
00
14
04
206/B/2/1
00
05
65
206/Ka/2
00
21
02
206/A/1/1/1
00
22
61
206/A/1/1/2
00
12
24
205/1/B
00
43
02
196/1/3
00
10
59
196/1/2/1
00
05
57
Trimbakpur
60/6
00
06
14
60/5
00
06
12
60/4
00
06
29
60/3
00
08
45
60/2
00
06
37
60/1
00
05
69
Dhamori Bk
167/1
00
17
82
168/2
168/2/1
168/3
00
27
27
168/4
168/5
168/6
147
00
34
13
149
00
04
64
148/2/1
00
02
53
148/2/2
00
22
41
148/1/2
00
04
19
127/1
00
07
61
126/1
00
07
60
125/1
00
07
47
125/2
00
07
56
80/1
00
18
45
[F. No. R-11025(11)6/2018-OR-I/E-23678]
SANTANU DHAR, Under Secy.
1034
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
ubZ fnYyh] 25 Qjojh] 2019
dk-vk- 337-&dsUnzh; ljdkj us isVªksfy;e vkSj [kfut ikbiykbZu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½ vf/kfu;e]
1962 ¼1962 dk 50½ ¼ftls blesa blds i'pkr~ mä vf/kfu;e dgk x;k gSa½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds v/khu tkjh dh
xbZ Hkkjr ljdkj ds isVªksfy;e vkSj izkÑfrd xSl ea=ky; dh vf/klwpuk la[;k dk-vk- 2225 rkjh[k 14 flrEcj] 2017 tks
Hkkjr ds jkti= Øekad 38] rkjh[k 17 flrEcj & 23 flrEcj 2017 esa izdkf'kr dh xbZ Fkh }kjk ml vf/klwpuk ls layXu
vuqlwph esa fofufnZ"V Hkwfe esa egkjk"Vª jkT; esa ftyk vgenuxj esa rkYkqdk uxj dks;yh & vgenuxj & lksykiqj isVªksfy;e
ifjogu ds fy, bafM;u vkW;y dkWiksZj'ku fyfeVsM }kjk ikbiykbZu fcNkus ds iz;kstu ds fy, mi;ksx ds vf/kdkj ds vtZu
ds vius vk'k; dh ?kks"k.kk dh Fkh (
vkSj mä jkti= vf/kfu;e dh izfr;ka turk dks rkjh[k 25 vDVwcj 2018 rd miyC/k djk nh xbZ Fkh (
vkSj l{ke izkf/kdkjh us mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ ds v/khu dsUæh; ljdkj dks fjiksVZ dh gS (
vkSj dsUæh; ljdkj us] mä fjiksVZ ij fopkj djus ds i'pkr~ vkSj ;g lek/kku gks tkus ij fd mä Hkwfe ikbiykbZu fcNkus
ds fy, visf{kr gS] mlesa mi;ksx ds vf/kdkj dk vtZu djus dk fofu'p; fd;k gS (
vr% vc] dsUæh; ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼1½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq, ;g ?kks"k.kk
djrh gS fd bl vf/klwpuk ls layXu vuqlwph esa fofufnZ"V Hkwfe esa ikbiykbZu fcNkus ds fy, mi;ksx ds vf/kdkj dk vtZu
fd;k tk, (
vkSj ljdkj mä vf/kfu;e dh /kkjk 6 dh mi&/kkjk ¼4½ }kjk iznÙk 'kfä;ksa dk iz;ksx djrs gq,] ;g funsZ'k nsrh gS fd mä
Hkwfe esa mi;ksx dk vf/kdkj bl ?kks"k.kk ds izdk”ku dh rkjh[k ls dsUæh; ljdkj esa fufgr gksus ds ctk,] lHkh foYyaxeksa ls
eqä gksdj bafM;u vkW;y dkWiksZj'ku fyfeVsM esa fufgr gksxh A
isVªksfy;e vkSj [kfut ikbiykbZu vf/kfu;e] 1962 dh /kkjk 10 ds v/khu fdlh Hkh {kfriwfrZ ds fy, bafM;u vkW;y dkWiksZj'ku
fyfeVsM iw.kZr;k mÙkjnk;h gksxh vkSj ikbiykbZu ls lEcfU/kr fdlh Hkh ekeys ij dsUæh; ljdkj ds fo#) dksbZ okn nkok ;k
dkuwuh dk;Zokgh ugha gks ldsxhA
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¼1½
¼2½
¼3½
¼4½
¼5½
¼6½
uÈc nsgsj
179
00
75
67
113
00
08
80
112@1@v@1@2
00
11
04
112@1@v@1@3
00
12
51
112@1@v@2
00
06
08
112@1@v@3
00
24
48
112@1@c
00
06
12
112@2
00
06
41
109@1@v
00
00
90
108@1
00
20
73
107@2@c@2
00
22
63
107@1
00
08
50
106@1$2@1
00
29
81
118@1
00
21
58
119
00
52
31
91@1
00
09
14
91@2
00
13
07
91@4@v
00
15
73
91@5
00
10
30
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1035
¼1½
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¼3½
¼4½
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00
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88@1@c
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37
[Qk- la- vkj&11025¼11½6@2018&vksvkj&I@bZ&23678]
'kkUruq /kj] voj lfpo
New Delhi, the 25th February, 2019
S. O. 337.—Whereas by the notification of the Government of India in the Ministry of Petroleum and Natural
Gas vide S.O. No. 2225 dated the 14th September, 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), (here in after referred to as the said
Act), Published in the Gazette of India, No.38 dated 17 – 23 September, 2017 the Central Government declared its
intention to acquire the right of user in the land specified in the Schedule appended to that notification for the purpose of
laying Koyali-Ahmednagar-Solapur Pipeline for the transportation of Petroleum Products in Taluka Rahuri in
Ahmadnagar District in the State of Maharashtra by Indian Oil Corporation Limited;
And whereas copies of the said Gazette notification were made available to the public up to 25 October 2018;
And whereas the competent authority has under sub-section (1) of Section 6 of said act submitted report to the
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 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 right of user in the said land for laying the pipeline shall, instead of vesting in the Central
Government, vest on the date of publication of the declaration, in Indian Oil Corporation Limited, free from all
encumbrances.
Indian 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 the pipeline.
SCHEDULE
Taluka:- Nagar
District:- Ahmadnagar
State :- Maharashtra
Mouje / Village
Survey/Block No.
Sub-Div-No.
Area
Hectare
Are
Sq.mtr.
(1)
(2)
(3)
(4)
(5)
(6)
Nimb Dehere
179
00
75
67
113
00
08
80
112/1/A/1/2
00
11
04
112/1/A/1/3
00
12
51
112/1/A/2
00
06
08
112/1/A/3
00
24
48
112/1/B
00
06
12
112/2
00
06
41
109/1/A
00
00
90
108/1
00
20
73
107/2/B/2
00
22
63
107/1
00
08
50
106/1+2/1
00
29
81
1036
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
(1)
(2)
(3)
(4)
(5)
(6)
Nimb Dehere
118/1
00
21
58
119
00
52
31
91/1
00
09
14
91/2
00
13
07
91/4/A
00
15
73
91/5
00
10
30
90/1/A
00
00
80
89
00
25
62
88/1/A
00
06
16
88/1/B
00
24
37
[F. No. R-11025(11)6/2018-OR-I/E-23678]
SANTANU DHAR, Under Secy.
नई द ली, 1 माच?, 2019
का.आ.
का.आ.
का.आ.
का.आ. 338
338
338
338.—भारत सरकार के पेiोिलयम और (ाकृितक गैस मं<ालय क अिधसूचना संVया एस ओ 2 दनांक
28 दसंबर 2017 मA आंिशक संशोधन और पेiोिलयम और खिनज पाइपलाइन (भूिम मA उपयोग के अिधकार का अज?न)
अिधिनयम, 1962 (1962 का 50) क धारा 2 के ख@ड (क) के अनुसरण मA, 5ीमती भागवंती जेठवानी, (आर.ए.एस.)
राज8व अपील अिधकारी, कोटा के पदनाम को जो राज8थान राय मA भारत पेiोिलयम कॉपरेशन िलिमटेड क कोटा -
जोबनेर उ=पाद पाइपलाइन, बीना कोटा पाइपलाइन और मांगिलया (इंदौर) से िबजवासन (दली) तक मुंबई - मनमाड -
िबजवासन उ=पाद पाइपलाइन के िलए इस अिधिनयम के अंतग?त भूिम अवाि अिधकारी (स]म अिधकारी), के कायW को
अितIर+ काय?भार के Mप मA िनव?हन करने के िलए िनयुि+ को इस (कार पढ़ा जाए सेटलमAट अिधकारी के बदले राज8व
अपील अिधकारी, कोटा ।
[फा. सं. आर-12031/197/2017-ओआर-I@bZ&21538]
शा2तनु धर, अवर सिचव
New Delhi, the1st March, 2019
S.O. 338.—In partial modification of notification of Government of India in the Ministry of Petroleum &
Natural Gas S.O. 2 -, dated 28th December 2017 and in pursuance of Clause(a) of Section 2 of The Petroleum & Minerals
Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), The designation of Smt. Bhagwanti
Jethwani,(RAS) Revenue Appellate Authority, Kota appointed to perform the functions of Competent Authority as an
additional charge under the said Act, for Bharat Petroleum Corporation Limited’s Kota - Jobner Product Pipeline, Bina -
Kota Product Pipeline and Mumbai – Manmad - Bijwasan Product Pipeline from Mangliya (Indore) to Bijwasan (Delhi)
in the States of Rajasthan, may be read as “Revenue Appellate Authority, Kota” instead of “ Settlement Officer.”
[F. No. R-12031/197/2017-OR-I/E-21538]
SANTANU DHAR, Under Secy.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1037
/म एवं रोज
/म एवं रोज
/म एवं रोज
/म एवं रोजगार मं*ालय
गार मं*ालय
गार मं*ालय
गार मं*ालय
नई द ली, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 339
339
339
339.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के2 3ीय सरकार
मेसस? (बंधन, नेशनल जूट मै2 युफै\ चरस? कॉपरेशन िलिमटेड धनबाद, और अ2 य एवं उनके कम?चारी के (बंधतं< के संब_
िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द?a ट औोिगक िववाद मA के2 3ीय सरकार औोिगक अिधकरण एवं 5म
2 यायालय, धनबाद, के पंचाट (संदभ? संV या 10/2014) को (कािशत करती है जो के2 3ीय सरकार को 1.02.19 को (ाe त 0ए
थे।
[सं. एल-42011/113/2013-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 14th February, 2019
S.O. 339.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 10/2014) of the Central Government Industrial Tribunal cum-Labour
Court Dhanbad, as shown in the Annexure, in the Industrial dispute between the employers in relation to the
management of National Jute Manufacturers Corporation Ltd. Dhanbad, and others, and their workmen which were
received by the central Government on 1.2.19.
[No.L- 42011/113/2013-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD
In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947.
Reference: No. 10/2014
Employer in relation to the management of National Jute Manufactures Co. Ltd
AND
Their workmen
Present : Shri D.K.Singh, Presiding Officer
Appearances:
For the Employers : None
For the workman : None
State : Jharkhand.
Industry-Textile
Dated : 30.01. 2019
AWARD
By order No. L-42011/113/2013-IR(DU) dated 05/02/2014, the central Government in the Ministry of Labour
has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the
Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:
SCHEDULE
“Whether the action of the management of National Jute Manufacturers Corporation Ltd. is erroneous
in denying any wage –structure to its mill workmen/employees for such a long period and why should it
not do the same within a fixed time period”
2. After receipt of the reference, both parties were noticed but none of the parties appeared after issuance of notices. Case
is pending since long so, it is felt that parties have lost their interest to resolve the matter. Hence No Dispute Award is
passed. Communicate.
D. K. SINGH, Presiding Officer
1038
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
नई द ली, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 340
340
340
340.—औोिगक िववाद अिधिनयम (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार मेसस?
आयु+, दली नगर िनगम, नई दली और अ2य एवं उनके कम?चारी के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के
बीच अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय -1, नई दली के पंचाट
(संदभ? संVया 11/2013) को (कािशत करती है जो के23ीय सरकार को 07.02.2019 को (ा 0ए थे ।
[सं. एल-42011/118/2012-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 14th February, 2019
S.O. 340.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 11/2013) of the Central Government Industrial Tribunal-cum-Labour
Court-1 New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to the
Commissioner, Management of Municipal Corporation of Delhi, New Delhi & Others, and their workmen which were
received by the Central Government on 07.02.2019.
[No. L-42011/118/2012-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE PRESIDING OFFICER : CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR
COURT No.1: ROOM No.511, DWARKA COURT COMPLEX, NEW DELHI – 110 075
ID No. 11/2013
Shri Lalit Sharma,
S/o. late Shri Charanjeet Singh Sharma
through
Hospital Employees Union,
Agarwal Bhawan, GT Road,
Tis Hazari, Delhi 54.
…Workman
Versus
The Management of Municipal Corporation of Delhi,
Through its Commissioner,
Town Hall, Chandni Chowk, Delhi
(now known as Commissioner (North),
North Delhi Municipal Coirporation,
4th Floor, SPM Civic Centre,
JL Nehru Marg,
New Delohi 110002.
… Management
AWARD
This award shall decide a reference which was made to this to this Tribunal by the appropriate Government vide
letter No. L-42011/221/2011/IR(DU) dated 28.12.2012 under clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which
are as under:-
‘Whether the action of the management of Municipal Corporation of Delhi (MCD) in not giving appointment
to Shri Lalit Sharma s/o. late Shri Charanjeet Singh Sharma on compassionate ground is legal and justified ? If
not, what relief the workman is entitled to ?’
2.
Both parties were put to notice and the claimant Lalit Sharma filed his statement of claim with the averments
that his father late Shri Charanjeet Singh Sharma who had joined the management w.e.f.31?7/1976 as a TB Health
Visitor on regular basis, expired on 8/10/2014 leaving behind his widow Smt. Bhagwati, one married daughter Smt.
Vijay, two sons namely Lovliender and Lalit Sharma, as only legal heirs. The claimant Lalit Sharma had applied for
employment on compassionate ground after the demise of his father but his application was finally rejected vide order
dated 7/8/2007 on the ground that the family of the deceased was not found in distress/harness condition and also no post
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1039
is available. It is pleaded that the deceased workman was only bread earner of the family and after his death, the family
has reached to the verge of starvation. The claimant who has also successfully done TB Health Visitor Course, is eligible
for appointment on compassionate ground on any suitable post and he is totally unemployed. It is claimed that action of
the Management in denying appointment to the claimant is totally illegal, bad, unjust and malafide , in asmuch as in
similar circumstances, the dependents of other deceased employees have been given employment on compassionate
grounds. A demand notice dated 17/11/2008 was sent to the Management but no response. Thereafter conciliation
proceedings were also initiated but to no avail. Prayer has been made that Management be directed to give appointment
on compassionate ground to the claimant for any suitable post from retrospective date viz. the date of death of his father.
3.
The statement of claim has been resisted by the Management who filed written statement and took preliminary
objections inter alia that the present dispute is not an Industrial Dispute as it is not espoused by the Union and as such,
same is bad in law. The applicants who claim for appointment on compassionate ground are not covered under the
definition of workman as provided under Section 2(s) of the Act and as such, the claimant has no right to claim the
appointment on compassionate ground by raising an Industrial Dispute. It is alleged that the as per rules & regulations
of the Govt. of India, no Govt. organization can make appointments on compassionate grounds beyond the fixed quota of
5 per cent and further that for compassionate appointment, family members of the deceased should be in distress. There
is very limited quota of 5 per cent for regular appointment on compassionate ground, whereas there is huge backlog of
such cases and those cases are examined by the Committee formulated for this purpose. The case of the claimant was
considered by the Committee who has observed that on account of lack of vacancies of TBHV under 5% quota, the
request of the claimant can not be considered and hence rightly rejected by the Committee. Prayer has been made for
dismissal of the claim petition.
4.
Vide order dated 19/07/2013 my learned Predecessor framed following issues :-
1)
Whether the dispute has not acquired status of industrial dispute for want of espousal ?
2)
As in terms of reference ?
5.
The workman /claimant examined himself as WW1 and led evidence by way of affidavit Ex.WW1/A & relied
on documents Ex.WW1/1 to Ex.WW1/24. Another witness Surender Bhardwaj was examined as WW2 who also
tendered his affidavit Ex.WW2/A and relied on the documents Ex.WW1/4. On the other hand, the Management
examined one Shri Sushil Chand Rustogi. Administrative Officer who filed his affidavit Ex.MW1/A and relied on the
documents Ex.MW1/1 to Ex.MW1/3.
6.
I have heard Shri Rajiv Aggarwal, A/R of the claimant since none appeared on behalf of the Management to
address arguments. I have also gone through the records carefully.
Issue No.1 :-
7.
According to the testimony of WW2 Surender Bhardwaj, Secretary of the Hospital Employees Union, the
claimant had approached the Union in September, 2008 and became member of the Union for redressal of his grievance.
He filed on record copy of the resolution passed in the meeting of the Union as Ex.WW1/4. He specifically deposed that
case of the workman was duly espoused by the Union. In cross examination he clarified that there are about 4000
members of the Hospital Employees Union which is recognized by the Management. He also deposed that Shri
Charanjit Singh – father of the claimant was a member of the Union.
8.
Management has not led any evidence in rebuttal to show that the dispute of the claimant has not been espoused
by the Hospital Employees Union or that the said Union is not recognized one. However, MW1 Sushil
Chand Rustogi, Administrative Officer had admitted in his cross examination that Hospital Employees Union is one of
the largest Union of Health Workers of the MCD and same is recognized by the Management.
9.
In view of the testimony of WW2 and document Ex.WW1/4, this Tribunal has no hesitation to hold that the
dispute raised by the claimant has been espoused by the Hospital Employees Union. Our own High Court in the case of
DDA Vs. Presiding Officer Industrial Tribunal (W.P. –civil- No. 677/99 – decided on 12/2/2008) has held that a dispute
relating to compassionate appointment can be the subject matter of an industrial dispute. Accordingly, this issue is
decided against the Management & in favour of the claimant.
Issue No.2 :-
10.
From the pleadings of the parties and evidence adduced on record, it is evident that Shri Charanjit Sharma –
father of the claimant herein – was working as TB Health Visitor on regular/permanent basis with the Management and
was lastly posted as such at Gulabi Bagh Chest Clinic till his death i.e. upto 8/10/2004. He had rendered service of more
than 28 years with the Management. It is undisputed fact that the said Shri Charanjit Singh Sharma died during service
on 8/10/2004 and after his death, his son Lalit Sharma had applied for appointment on compassionate grounds vide
application on prescribed proforma Ex.MW1/3 for the post of TB Health Visitor (a class III post). It is also not in
dispute that application of the claimant was duly considered by the Management but was rejected by its Committee vide
its minutes dated 19/6/2007, copy of which has been filed on record as Ex.MW1/1. The claimant was informed about the
same vide communication/letter Ex.MW1/2.
11.
It is fairly settled that at present, appointment on compassionate grounds can not be claimed as a matter of right
as the availability of appointment and opportunities are limited. The Authority has its discretion to make a
compassionate appointment and/or to grant ex-gratia payment in lieu of employment on compassionate grounds, but the
said discretion should be exercised judiciously. The Apex Court in the matter of Sushma Gosain & others Vs. UOI,
1040
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
1989 SCC (L&S) 662 SC has held that the appointment on compassionate ground is to mitigate the hardship due to the
death of bread earner in the family and such appointment should be made on regular basis in proper pay scale.
12.
A vital question arises for consideration is whether the Management exercised its discretion in declining the
request of the claimant herein for appointment on compassionate grounds judiciously or not. For this purpose, it would
be worthwhile to refer to the evidence adduced on record.
13.
The testimony of the claimant is in line with the averments made in the statement of claim. He deposed that he
had approached the Management number of times for getting employment on compassionate ground but the
Management kept postponing his request on the ground of insufficient vacancy and finally rejected his application vide
order dated 7/8/2007 on the ground that family of the deceased was not in distress/harness condition and also no post is
available.
14.
MW1 Shri Sushil Chand Rustogi has admitted that as per record the claimant was/is a post graduate and was
also having a diploma in Computer Application as well as in TB HV Course. He clarified that the claimant’s family was
living in the municipal accommodation and was not having any residential house of their own. While admitting the fact
that policy of compassionate appointment was based on point system, MW1 could not tell as to how many points were
given to the claimant and other 98 applicants. He admitted that appointment on compassionate ground was not given to
the claimant as there was no vacant post for the same. This witness also admitted that in case there is no vacant post
(in any field) and the candidate for compassionate appointment is found fit & suitable, then his case is kept pending for
consideration for the next time vacancy. He also admitted that in Health Department, the post of TB Health Visitor is
lying vacant since 2004 till date. On the basis of record he deposed that the claimant was not offered any other suitable
job/post, keeping in view his qualification.
15.
It is worthwhile to mention here that vide communication/letter dated 7/8/2007 (Ex.MW1/3) of the
Management, it was conveyed to the claimant herein that his application has been rejected by the Competent Authority
on the ground that the family of the deceased was not in distress/harness condition and also no post is available.
However, it is apparent from the document Ex.MW1/1 i.e. minutes of the Committee of the Management that there is no
finding of the Committee that the family of the deceased was not in distress/harness condition. The Committee has
simply observed that on account of lack of sufficient vacancy of TBHV (TB Health Visitor) under 5% quota, the
applicant who has applied for the post of TBHV, his request can not be considered and hence the case may be rejected.
It is not the case of the Management that the family of the deceased was not in distress/harness condition, or that
the claimant was not at all found suitable for the post of TBHV or any other suitable post which was lying vacant
at that time, keeping in view his educational qualifications. As mentioned above, MW1 – sole witness of the
Management has conceded that in Health Department, the post of TB Health Visitor is lying vacant since 2004 till date
and that the claimant was not offered any other suitable job/post, In reply to the RTI application moved by WW2
Surender Bhardwaj, the office of MCD vide reply dated 30/9/2010 (Ex.WW1/20) has informed that 8 Nos. of posts of
TBHVs are lying vacant as on April, 2010 under the office of Addl. DHA (TB). It is also crystal clear from the
document Ex.WW1/21 (reply to the RTI application of Surender Bhardwaj furnished by MCD on 16/7/2010) that the
name of applicant Lalit Sharma was not considered for any other class-III post.
16.
In view of the above discussion, it emerges that although the claimant herein in view of his qualification was
eligible for appointment on compassionate ground to the post of TB Health Visitor, however, the Committee of the
Management has rejected the application of the claimant herein only for lack of sufficient vacancy of TB Health
Visitor. Even if it is assumed and admitted that there was no sufficient vacancy of TB Health Visitor at the given point
of time when the application of the claimant herein was considered by the Screening Committee of MCD, in that
eventuality also it was moral and legal obligation on the part of the Management to consider and offer the claimant for
any suitable post lying vacant at that time or subsequent thereto but nothing of the sort has been done by the
Management for the reasons best known to it. As mentioned above, the office of MCD vide its reply dated 30/9/2010
under RTI Act (Ex.WW1/20) has conveyed that 8 Nos. of posts of TBHVs are lying vacant as on April, 2010 under the
office of Addl. DHA (TB).
17.
Having regard to the overall facts and circumstances of the case, as discussed above, this Tribunal is of the
considered view that the action of the Management in not giving appointment to the claimant for any suitable post on
compassionate ground is neither legal nor justified.
Relief :-
18.
As a sequel to the aforesaid discussion, the Management is directed to give appointment to the claimant Lalit
Sharma on compassionate ground, for the post of TB Health Visitor or any other suitable clerical post keeping in view
his educational qualification, within two months, from the date of publication of this Award. The Award is passed
accordingly.
Date : 01.02.2019
AVTAR CHAND DOGRA, Presiding Officer
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1041
नई द ली, 14 फरवरी, 2019
का.अस.
का.अस.
का.अस.
का.अस. 341
341
341
341.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के2 3ीय
सरकार मेसस? (बंधन, भारत संचार िनगम िलिमटेड धनबाद, और अ2 य एवं उनके कम?चारी के (बंधतं< के संब_ िनयोजक,
और उनके कम?कार, के बीच अनुबंध मA िन`द?a ट औोिगक िववाद मA के2 3ीय सरकार औोिगक अिधकरण एवं 5म 2 यायालय,
धनबादक के पंचाट (संदभ? संV या 59/2015) को (कािशत करती है जो के2 3ीय सरकार को 7.2.19 को (ाe त 0ए थे।
[सं. एल-40012/51/2015-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 14th February, 2019
S.O. 341.—In pursucance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 59/2015) of the Central Government Industrial Tribunal-cum-Labour
Court Dhanbad, as shown in the Annexure, in the Industrial dispute between the employers in relation to the
management of Bharat Sanchar Nigam Limited Dhanbad, and others, and their workmen which were received by the
Central Government on 7.2.19.
[No. L-40012/51/2015-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD
In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947
Reference: No. 59/2015
Employer in relation to the management of BSNL, Dhanbad
AND
Their workman
Present : Shri D.K.Singh, Presiding Officer
Appearances:
For the Employers : Sri Bishal Kumar, A.O, Legal
For the workman. : None
State : Jharkhand.
Industry- Telecom
Dated- 30.01. 2019
AWARD
By order No. L-40012/51/2015-IR(DU) dated 19/11/2015, the central Government in the Ministry of Labour
has, in exercise of the powers conferred by clause (d) of sub –section (1) and sub-section (2A) of section 10 of the
Industrial Disputes Act, 1947 referred the following dispute for adjudication to this Tribunal:
SCHEDULE
“Whether the action of the management of Bharat Sanchar Nigam Ltd. Dhanbad in not regularizing the
service of Shri Rahul Paswan as alleged by him is legal and justified ? If not, what relief the workman is
entitled to and which date?”
2. This Case is received from the Ministry on 04.12.2015. After receipt of the reference, both parties were noticed and
during the pendency of the case, Ld. Counsel of the workman has informed that workman has not been interested in
contesting the case. It is felt that the workman has lost his interest to resolve the matter. Hence “No dispute” award is
passed. communicate.
D.K.SINGH, Presiding Officer
1042
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
नई द ली, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 342
342
342
342.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? अkय] और (बंध िनदेशक, एमएमटीसी िलिमटेड, नई दली और अ2य एवं उनके कम?चारी के (बंधतं< के संब_
िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म
2यायालय-1, नई दली के पंचाट (संदभ? संVया 74/2014) को (कािशत करती है जो के23ीय सरकार को 07.2.2019 को
(ा 0ए थे।
[सं. एल-42011/49/2014-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 14th February, 2019
S.O. 342.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 74/2014) of the Central Government Industrial Tribunal-cum-Labour
Court-1, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to the
Chairman and Managing Director, Management of MMTC Ltd , New Delhi and others, and their workmen which were
received by the Central Government on 07.02.2019.
[No. L-42011/49/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA : PRESIDING OFFICER CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT No. 1, DWARKA COURTS COMPLEX : NEW DELHI
ID No. 74/2014
MMTC Employees Union (Regd.),
Through its General Secretary,
Scope Complex, Core No.1,
Institutional Area, Lodhi Road,
New Delhi 110003.
…Workman/Claimant
Versus
The Management of MMTC Ltd.
Through its Chairman and Managing Director,
Scope Complex,
New Delhi 110003.
…Management/ Respondent
AWARD
This Award shall dispose of a reference which was made to this Tribunal by the Appropriate Government vide
letter No.L-42011/49/2014/IR(DU) dated 05.08.2014 under clause (d) of sub-section (1) and sub-section (2A) of Section
10 of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as
under:-
‘Whether deduction of difference of payment of leave encashment w.e.f. 1/4/2004 in the tune of order of
Ministry of Commerce and Industry No.6/4/2008-FT/M&O) dated 1/3/2013 in respect of workman/staff of
MMTC by the Management of MMTC is just, fair and legal ? If not, what relief the workmen concerned are
entitled to ?’
2.
Both parties were put to notice and Workmen Union filed its statement of claim, with the averments that it
represents class III and IV employees working in the Management Corporation. The workmen have been availing the
facility of leave encashment, reckoning a month of 26 days instead of 30 days as per MMTC Encashment of Earned
Leave Rules, 1976, duly approved by the Board of Directors of the Corporation. In March, 1993 an amendment in the
aforesaid Rules, 1976 was made so as to treat a month of 26 days instead of 30 days for the purpose of leave encashment.
Similar practice of reckoning a month of 26 days instead of 30 days for the purpose of leave encashment is prevailing in
other Public Sector Units like HAL, HMT, BSNL etc. Even in the Payment of Gratuity Act and Payment of Bonus Act,
a month a reckoned as 26 days in lieu of 30 days so as to make voluntary retirement scheme to be more effective. Such a
practice was going on smoothly without any hitch since 1993 till 2004, as in the year 2004 when CAG raised audit
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1043
objection about reckoning 26 days as a month instead of 30 days for the purpose of leave encashment, the Board of the
Directors of the Management Corporation ratified reckoning of 26 days a month, duly approving the same in its 331st
meeting held on 5th July, 2005 retrospectively from 18/3/1993. On the basis of a communication dated 11/12/2008
issued by Department of Public Enterprises, stating that the Central Public Sector Undertakings should adopt 30 days a
month for the purpose of leave encashment, the Management Corporation issued an office order dated 9/1/2009, thereby
amending the Encashment of Earned Leave Rules, 1976 w.e.f. 1/1/2009 thereby reckoning a month as 30 days instead of
26 days for the said purpose. However, on 6th May, 2013 Management Corporation issued an office order for recovery
of excess amount of leave encashment from employees on the roll of the company as on 1/4/2013 during the period from
1/4/2004 to 31/3/2008 reckoning a month of 26 days instead of 30 days. It is alleged that the said order dated 6/5/2013
of the Management is unjust, unfair and illegal. Even Ministry of Commerce & Industry sent a letter dated 1st./3rd April,
2013 asking the Management Corporation to recover the excess expenditure incurred at least in respect of the Officers
who are still in service with MMTC. The Workmen Union sent a letter dated 10/5/2013 to the Management Corporation
seeking to quash the impugned order of recovery of the amount from the salaries of the workmen. Thereafter the
Workmen Union approached the Conciliation Officer but to no avail. It is alleged that change in service conditions by
executive orders should always be prospective and not retrospective. The amendment sought to be brought w.e.f.
1/1/2009 vide impugned office order dated 9/1/2009 had not got the approval of the Board of Directors of the
Management Corporation at any point of time. It is also alleged t\hat since the recovery in terms of the impugned order
is to be effected from the employees on the roll of company as on 1/3/2013, two categories of employees viz. first who
availed leave encashment facility as per old ruloe upto 31/3/2008 but superannuated before 1/4/2013 and second those
who availed such facility in the old rule upto 31/3/2008 but superannuated between 1/4/2013 till 5/6/2013 escaped from
recovery and same is discriminatory and in conflict with the interest of workmen who0 are still working. Prayer has
been made that deduction of difference of payment of leave encashment w.e.f. 1/4/2004 in the tune of order of Ministry
of Commerce & Industry dated 1/3/2013 in respect of workmen Union is unjust, unfair and illegal and directions be
given to the Management Corporation to refrain from making such deductions from the salary of the workmen of the
Union.
3.
Management has resisted the claim of the Workman and filed written statement, thereby denying the allegations
as made in the claim petition. It is alleged that in the instant case the Govt. audit party as well as Ministry of Commerce
& Industry have issued express instructions for restoration of encashment provision based on 30 days reckoning a month
in lieu of 26 days which has force of law in view of the specific provisions of MMTC Service Regulations, 1976 which
has superseding effect of Fundamental Rules & Supplementary Rules wherever service regulations are not clear. It is
also alleged that impugned order does not provide any categorization of the workmen, as it simply provided that the
employees those who are on rolls of the company as on 1/4/2013 are liable to pay excess amount already paid towards
leave encashment for the period from 1/4/2004 to 31/3/2008. As such, there is no arbitrariness so far as cut off date of
1/4/2013 is concerned. Prayer has been made for dismissal of the claim petition.
4.
Rejoinder was filed on behalf of the workmen Union, whereby the case as set up in the claim petition has been
reiterated and allegations made in the written statement have been denied.
5.
Vide order dated 11/2/2016 my learned Predecessor observed that no specific issue is required to be framed
except the subject matter of reference and as such parties were called upon to adduce their respective evidence.
6.
The Workmen Union in support of its case examined two witnesses namely WW1 Shri Naresh Vij who
tendered his affidavit Ex.WW1/A & relied on the documents Ex.WW1/1 to Ex.WW1/16, and Shri Udai Vir Singh who
also filed his evidence by way of affidavit Ex.WW2/A, whereas Management examined one Shri VSN Rao, Addl.
General Manager (P), who tendered his evidence by way of affidavit Ex.MW1/A.
7.
I have heard Shri K.P. Rao, A/R for the Workmen Unioin and Ms.Manvi, A/R for the Management and have
gone through the records carefully.
8.
From the pleadings of the parties and evidence adduced on record, it is manifest that the Management reckoned
a month of 26 days instead of 30 days for the purposes of leave encashment to its employees/workmen herein, since
1993 to 2004. Although an audit objection was raised by CAG in 2004 about reckoning a month of 26 days instead of
30 days, however the Board of Directors of the Management Corporation ratified in 2005 to consider 26 days instead of
30 days in a month for the purpose of leave encashment to its employees retrospectively from March, 1993 as per
directives of Administrative Ministry. It is also not in dispute that on the basis of a communication dated 11/12/2008
issued by Department of Public Enterprises issued to all the Central Public Sector Undertakings, thereby advising to
adopt 30 days a month for the purpose of leave encashment, the Management Corporation issued an office order dated
9/1/2009 (Ex.WW1/5), thereby amending the Encashment of Earned Leave Rules, 1976 w.e.f. 1/1/2009 thereby
reckoning a month as 30 days instead of 26 days for the said purpose. The Workmen Union vide representation dated
15/1/2009 (Ex.WW1/6) requested the Management to keep the aforesaid order dated 9/1/2009 (Ex.WW1/5) in abeyance.
Pursuant to the communication dated 1st/3rd April, 2013 (Ex.WW1/7) received from Ministry of Commerce & Industry,
an office order dated 6/5/2013 (Ex.WW1/8) was issued by the Management Corporation for effecting recovery of excess
amount of leave encashment from employees on the roll of the company as on 1/4/2013 during the period from 1/4/2004
to 31/3/2008 reckoning a month of 26 days instead of 30 days.
9.
Short controversy involved in the matter is whether action of the Management to effect recovery of excess
amount from the employees on the roll of the company as on 1/4/2013 in respect of leave encashment, due to reckoning a
month of 26 days instead of 30 days during the period 1/4/2004 to 31/3/2008, is just and legal.
1044
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
10.
It is fairly settled that orders passed by the employer/Management Corporation seeking recovery of monetary
benefits wrongly extended to employees can be interfered with, in case where such recovery would result in a hardship
of a nature which would far outweigh, the equitable balance of the employer’s right to recover. In other words,
interference would be called for only in such case where it would be iniquitous to recover the payment made. Hon’ble
Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) etc., AIR 2015 SC 696 in
respect of leave encashment, due to reckoning a month of 26 days instead of 30 days has observed that :-
“…An action of the State, ordering a recovery from an employee, would be in order, so long as it is not
rendered iniquitous to the extent that the action of recovery would be more unfair, more wrongful, more
improper and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in
other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be
permissible in law…”
11.
Present dispute has been raised by the Workmen Union on behalf of class III and IV employees working in the
Management Corporation. Perusal of the record shows that the employees/workmen herein had neither any role in the
determination of the amount payable or paid to them towards encashment of leave, nor there was any fraud or
misrepresentation at the behest of the employees, rather same was paid to them as per the Scheme/Bye-Rules for
Encashment Earned Leave (Ex.WW1/1 & Ex.WW1/2) framed by the Management Corporation in the year 1993. As
mentioned above, the impugned order Ex.WW1/8 for effecting recovery of excess amount paid in respect of leave
encashment was issued only on 6/5/2013 and the amount sought to be recovered was in respect of excess payments made
during the period 1/4/2004 to 31st March, 2008. To be precise, the recovery sought to be effected from the Workmen
Union was after five years of the payment so made to the employees and this Tribunal can not loose sight of the fact that
the recovery from class II and III employees being in lower rung of service, would result in extreme hardships to them.
Examining a similar proposition the Hon’ble Supreme Court in the case of Col.B.J. Akkara Vs. Government of India,
JT 2006 (9) SC 125 observed as under :-
“28.Such relief, restraining back recovery of excess payment, is granted by Courts not because of any right in
the employees but in equity, in exercise of judicial discretion to relief the employees from the hardship that will
be caused if recovery if implemented. A government servant, particularly one in the lower rungs of service
would spend whatever emoluments he receives for the upkeep of his family. If he receives an excess
payment for a long period, he would spend it, genuinely believing that he is entitled to it. As any
subsequent action to recover the excess payment will cause undue hardship to him, relief is granted in
that behalf. But where the employee had knowledge that the payment received was in excess of what was
due or wrongly paid, or where the error is detected or corrected within a short time of wrong payment,
courts will not grant relief against recovery. The matter being in the realm of judicial discretion, courts
may on the facts & circumstance of any particular case refuse to grant such relief against recovery…”
Attention of this Tribunal was drawn by learned A/R for the Claimant to the communication dated 1st/3rd April, 2017
(Ex.WW1/7) issued by Ministry of Commerce & Industry (Department of Commerce) to the Chairman-cum-Managing
Director of MMTC Ltd. regarding recovery of excess expenditure incurred due to incorrect regulation of leave
encashment at least in respect of the Officers who are still in service. On the strength of this communication, learned
A/R for the claimant submitted that the Ministry itself desired that recovery in respect of excess payment of leave
encashment be made from the Officers who are still in service and not from the employees belonging to class-III and
class-IV service of the Management Corporation, whom the Workmen Union represent.
12.
In the case of State of Punjab and others Vs. Rafiq Masih (supra), wherein a similar question regarding
recovery of excess payment from the employees where payments having been made mistakenly by the employer in
excess of entitlement of the employees had arisen, Hon’ble Supreme Court after referring to number of its earlier
decisions, observed as under :-
“18. It is not possible to postulate all situations of hardship which would govern employees on the issue of
recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that
as it may, based on the decisions referred to herein above, we may, as a ready reference, summarises the
following few situations, wherein recoveries by the employers would be impermissible in law :-
(i)
Recovery from employees belonging to class-III and class-IV service (or Group-C and Group-D
service).
(ii)
Recovery from retired employees, or employees who are due to retire within one year, of the order of
recovery.
(iii)
Recovery from employees when the excess payment has been made for a period in excess of five
years, before the order of recovery is issued
(iv)
Recovery in cases where an employee has wrongfully been required to discharge duties of a higher
post, and has been paid accordingly even though he should have rightfully been required to work
against an inferior post.
(v)
In any other case, where the Court arrive s at the conclusion that recovery if made from the employee,
would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance
of the employer’s right to recover.”
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1045
Having regard to the legal position as discussed above, this Tribunal is of the considered view that the case of the
workmen Union herein undisputedly falls within first four categories, inasmuchas the workmen from whom the recovery
sought to be effected in terms of order dated 6/5/2013 belong to class-III and class IV (group-C and D) service and
further, recovery of excess payment of leave encashment relates to the period 1/4/2004 to 31/3/2008 i.e. in respect of the
period five years prior to passing of the impugned order. Furthermore, the employees/workmen herein had neither any
role in the determination of the amount payable or paid to them towards encashment of leave, nor there was any fraud or
misrepresentation at the behest of the employees and on the contrary, payments of leave encashment was made to the
employees as per the Scheme/Bye-Rules for Encashment Earned Leave (Ex.WW1/1 & Ex.WW1/2).
13.
As a sequel to the overall facts & circumstances of the case and rulings as discussed above, this Tribunal has no
hesitation to hold that action of the Management Corporation in effecting recovery of leave encashment w.e.f. 1/4/2004
to 31/3/2008 from employees of class-III and IV service in terms of impugned order dated 6/5/2013, based on the order
dated 1/3/2013 of Ministry of Commerce & Industry, is unjust and illegal. Accordingly, the Management Corporation is
restrained from effecting recovery of excess payment of leave encashment from class II and IV service as neither the
claimants herein had any role in the determination of the amount payable or paid to them towards encashment of leave,
nor there was any fraud or misrepresentation at the behest of the employees. The award is passed accordingly.
Date : 01.02.2019
AVTAR CHAND DOGRA, Presiding Officer
नई द ली, 14 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 343
343
343
343.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? आयु\ त, द ली नगर िनगम, नई द ली और अ2य एवं उनके कम?चारी के (बंधतं< के संब_ िनयोजक, और उनके
कम?कार, के बीच अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय-1, नई
दली के पंचाट (संदभ? संVया 297/2011) को (कािशत करती है जो के23ीय सरकार को 07.2.2019 को (ा 0ए थे।
[सं. एल-42011/14/2011-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 14th February, 2019
S.O. 343.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 297/2011) of the Central Government Industrial Tribunal-cum-Labour
Court-1 New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to the
Commissioner, Management of Municipal Corporation of Delhi, New Delhi and others, and their workmen which were
received by the Central Government on 07.02.2019.
[No. L-42011/14/2011-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
BEFORE PRESIDING OFFICER : CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR
COURT No.1: ROOM No. 511, DWARKA COURT COMPLEX, NEW DELHI – 110 075
ID No. 297/11
Shri Satish Kumar and 8 others,
Safai Karamcharis,
Lastly posted at Circle No.30, Tikri Kalan,
Najafgarh Zone, New Delhi.
Through General Secretary,
Municipal Employees Union,
Agarwal Bhawan, GT Road,
Tis Hazari, Delhi 110054.
… Workman
1046
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Versus
The Management of Municipal Corporation of Delhi,
Through its Commissioner,
Town Hall, Chandni Chowk, Delhi
presently at Dr.SP Mukherjee Civil Centre,
JL Nehru Marg, New Delhi 110002.
… Management
AWARD
This award shall decide a reference which was made to this to this Tribunal by the appropriate Government vide
letter No.L-42011/14/2011/IR(DU) dated 05.08.2011 under clause (d) of sub-section (1) and sub-section (2A) of Section
10 of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as
under:-
‘Whether the action of the management Municipal Corporation of Delhi in denying the services of 9 substitute
Safai Karamcharies – S/shri Satish, Somvir, Rajbir, Smt. Manuju, Smt.Dayawati, smt. Savita, Smt., Rakhi and
Ms. Meenakshi and termination of their services with effect from 23/11/2008 is legal & justified ? What relief
the workman are entitled to ?’
2.
Both parties were put to notice and the claimants/workman Satish and 8 others filed their joint statement of
claim with the averments that they had joined the Management as Adhoc Leave Substitute Safai Karamchari through
Employment Exchange, during the period between February, 2007 to August, 2008 as detailed in para 1 of the statement
of claim. It is pleaded that although they used to perform their duties continuously and uninterruptedly, yet they were
designated as a Adhoc Leave Substitute Safai Karamchari and were being treated as a daily rated/casual/muster roll
workers. They were being paid fixed/revised wages from time to time under the Minimum Wages Act while their
counterparts doing the identical work were being paid salary in proper pay scale and allowances besides other facilities
like uniform, earned leave, casual eave etc. The workmen have unblemished record of services to their credit.
Although the services of the workman ought to have been regularized by the Management, however their services were
terminated arbitrarily and illegally w.e.f. 23/11/2008 without assigning any reason and without issuing any notice or
payment of notice pay or without issuing any charge sheet. The Management has also not displayed any seniority list at
the time of termination of their services. Termination of services of the workman is in violation of Section 25-F, G and
H of the Act and it amounts to unfair labour practice as provided in Section 2(ra) and 25-U of the Act. It is also pleaded
that the workmen have acquired the status of a permanent employee from the date of the initial date of their joining into
the employment of the Management, after completing 90 days of continuous service as provided in the Model Standing
Orders framed under the Industrial Employment (Standing Orders) Act, 1946. Even otherwise, the workmen have
acquired the status of permanent employees after completing 240 days of continuous employed and are deemed to have
been taken into employment on regular basis. The workmen are unemployed since the date of their termination w.e.f.
23/11/2008. A demand notice dated 19/1/2009 was sent to the Management but to no response. Thereafter conciliation
proceedings were initiated which resulted into failure due to non cooperative attitude of the Management. Prayer has
been made for their reinstatement into service with full back wages & all consequential benefits.
3.
The statement of claim has been resisted by the Management who filed written statement and took preliminary
objections that the claim is not maintainable inasmuch claimants were simply working as Substitute Safai Karamcharis,
that is to say that they were engaged as and when any regular Safai Karamchari absented from duty or proceeded on
leave, as the work of sanitation can not be put on hold or postponed. Their engagement was for a specific short period
and is covered by the provisions of Section 2(oo)(bb) of the Act. The engagement of the claimants was subject to
availability of the work and as such question of retrenchment termination does not arise. It is alleged that the
Management corporation has its own policy of regularization i.e. in the phased manner and availability of the funds and
post only for the working daily wagers having continuous service of not less than 240 days in each calendar year. While
denying allegations of the workmen/claimants regarding illegal termination, it has been pleaded that as per norms only a
list of 2500 substitute safai Karamcharis could be maintained in Nazafgarh Zone but when found that a list with excess
persons was being maintained in the said Zone, the same was scrapped by Deputy Commissioner vide order dated
31/10/2008 and later on a consolidated list of excess persons of 10393 was scrapped by the Management vide order
dated 2/6/2009. It has been denied that there has been violation of provisions of Section 25-F, G and H of the Act.
Prayer has been made for dismissal of the claim petition.
4.
Vide order dated 22/12/2011 my learned Predecessor observed that no other issue than those referred for the
adjudication is made out and hence parties were called upon to lead their evidence.
5.
The workmen /claimants examined themselves as WW1 to WW9 and tendered their evidence by way of
affidavits Ex.WW1/A to Ex.WW9/A & relied on number of documents. They also examined one Shri Surender
Bhardwaj, General Secretary of the Municipal Employees Union as WW10 regarding espousal of the dispute of the
workmen herein by the Union, pursuant to resolution dated 3/1/2009 (copy Ex.W1/22) passed in the meeting of the
Union.
6.
On the other hand, the Management examined one Shri Jai Kishan Taank. Sanitation Superintendent who filed
his affidavit Ex.MW1/A and relied on the documents Ex.MW1/1 to Ex.MW1/9.
7.
I have heard Shri Rajiv Aggarwal, A/R for the claimants and Shri Rajiv Bhardwaj, A/R for the Management. I
have also gone through the records carefully.
¹Hkkx IIµ[k.M 3(ii)º
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1047
8.
Ld. AR appearing on behalf of the Management strongly contended that there is no relationship of employer
and employee between the Management & claimant, nor the claimants have completed 240 days of service in a calendar
year, preceding to their alleged termination. As such, provisions of Section 25-F of the Act are not applicable to the case
in hand. It was also contended that onus is also upon the claimant/s to prove that he/she was in the employment of the
Management and has completed more than 240 days in a calendar year.
9.
Per contra, learned counsel appearing on behalf of the Claimants submitted that the claimants were engaged in
phases by the Management in the year 2007 and their services were terminated at one go on 23/11/2008 abruptly
without issuing any notice and without payment of any compensation in lieu of notice period despite the fact that most of
them had completed more than 240 days of their service. It was submitted that action of the Management in terminating
the services of the claimants is unwarranted and illegal.
10.
There is no dispute about preposition of law that onus to prove that claimant was in the employment of
Management is always on the workman/claimant and it is for the workman to adduce evidence to prove factum of her
employment with the Management Bank. Such evidence may be in form of receipt of salary or wages for 240 days or
record of his/her appointment or engagement for that year to show that he/she has worked with the employer for 240
days or more in a Calendar year. In this regard, reference may be made to Batala Coop. Sugar Mills Ltd. Vs. Sowaran
Singh, (2005) 8 Supreme Court Cases 481 as well as Director Fisheries Terminated Division Vs. Bhikubhai
Meghajibhai Gavda (2012) 1 SCC 47.
11.
There is hardly any dispute with the preposition of law as propounded in the aforesaid case. However, as per
written statement/reply filed by the Management, engagement of the claimants as Substitute Safai Karamcharis is not in
dispute. From the pleadings of the parties and evidence adduced on record, it is evident that the claimants/workmen
were working as Substitute Safai Karamcharis with the Management. Their services were terminated/disengaged with
effect from 23/11/2008. According to the case of the claimants, they were respectively appointed on the following
dates :-
Sl. No.
Name & father’s name of the claimant
Date of appointment
1.
Shri Satish s/o. Dalip Singh
14-05-2007
2
Shri Sombir s/o. Sheesh Pal
13-8-2008
3.
Shri Gopal s/o. Shri Ram Kumar
October, 2007
4.
Shri Rajbgir s/o. Brahm Singh
19-04-2007
5.
Smt. Manju w/o. Shri Ashok
15-12-2007
6.
Smt. Dayawati w/o. Shri Krishan Kumar
March, 2007
7.
Smt. Savita w/o. Shri Rajinder
February, 2007
8.
Ms. Meenakshi d/o.Umed Singh
April, 2007
9.
Smt. Rakhi w/o. Shri Rajesh Kumar
July, 2007.
12.
MW1 Shri Jai Kishan Taank - sole witness of the Management though filed on record documents Ex.MW1/1 to
Ex.MW1/9 viz. attendance sheet of the workmen/claimants herein but clarified that the same were not prepared by him.
These attendance sheets Ex.MW1/1 to Ex.MW1/0 show that four workmen Sombir, Raakhi, Satish and Rajbir had
worked for 260 days, 375 days, 342 days and 458 days respectively, whereas other five workmen/claimants namely
Dayawati, Minakshi, Gopal, Manju and Savita had worked for 81 days, 57 days, 129 days, 10 days and 123 days
respectively in the year 2007-2008. This witness showed his ignorance if the date of joining of the workmen as
mentioned in para 1 of the statement of claim (viz. as also reproduced above) is correct or not. He admitted that he had
neither seen muster roll of the workmen from their initial date of appointment till 23/11/2008 , nor had brought the same.
This witness could not tell details of employees in whose place the workmen/claimants were engaged. He admitted that
the Management maintains seniority list of regular daily wage/muster roll employees but not of leave substitute safai
Karamcharis. Though on 11/12/2015 this witness had taken time for production of Seniority List of regular daily
wager/muster roll employees, list of vacant post from 2007 to 2010, but he failed to produce the same despite the fact
that he was afforded number of opportunities and ultimately on 20/7/2017 he produced on record Select List of
Substitute Safai Karamcharis of Najafgarh Zone in order of merit, as Ex.MW1/1W-1. He admitted that the Management
had appointed Safai Karamcharis in the year 2009. He also admitted that the Management initially appoints Safai
Karamcharis on muster roll and they are subsequently regularized as per policy of the Management according to their
seniority. He further admitted that no appointment letter was issued to the claimants to show that they were being
engaged for a specific period for a specific work. Denying the suggestion that the claimants worked continuously and
uninterruptedly from their initial date of joining till 23/11/2008, he admitted that the Management had struck off the
names of the claimants from 23/11/2008, without conducting any enquiry. He could not say if co-employees of the
claimants are still working with the Management as regular employees or whether the employees mentioned in the list
Ex.MW1/W-1 were regularized by the Management or not.
13.
In the light of the evidence adduced on record, it clearly proves that there existed relationship of employer–
employee between the parties herein. In this regard, reference can be made to the decision in the case of Devinder Singh
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Vs. Municipal Council, Sanaur, AIR 2011 Supreme Courtt 2532, wherein the Hon’ble Apex Court while interpreting the
provisions of Section 2(S) of the Act which deals with the definition of “workman” has observed as under :-
“The source of employment, the quantum of recruitment, the terms & conditions of employment/
contract of service, the quantum of wages/ pay and mode of payment are not at all relevant for
deciding whether or not a person is a workman within the meaning of Section 2(s) of the Act. The
definition of workman also does not make any distinction between full time and part time employee or
a person appointed on contract basis. There is nothing in the plain language of Section 2(s) from
which it can be inferred that only person employed on regular basis or a person employed for doing
whole time job is a workman and the one employed on temporary, part time or contract basis on fixed
wages or as a casual employee or for doing duty for fixed hours is not a workman.”
It is clear from the perusal of aforesaid observations that even if a person is engaged on temporary, part time or contract
basis or for doing any other kind of work and is duly paid wages for the said work, in that eventuality such a person
would be covered by the definition of “workman” as provided in Section 2(S) of the Act. Equally settled is the position
of law that when relationship of employer-employee stands proved between the parties, then onus will shift upon the
employer/management to show that the claimant has not worked for 240 days or more in a calendar year or that the
services of the claimant was terminated in accordance with the provisions of the Act or in accordance with Standing
Order applicable to the establishment concerned . As mentioned above, the sole witness examined by the Management
has conceded that no appointment letter was issued to the claimants to show that they were being engaged for a specific
period for a specific work. It is a matter of record that on 11/12/2015 Management’s witness had taken time for
production of Seniority List of regular daily wager/muster roll employees, list of vacant post from 2007 to 2010, but he
failed to produce the same despite the fact that he was afforded number of opportunities and ultimately on 20/7/2017 he
produced on record Select List of Substitute Safai Karamcharis of Najafgarh Zone in order of merit, as Ex.MW1/1W-1.
Though on 11/12/2015 this witness had taken time for production of Seniority List of regular daily wager/muster roll
employees, list of vacant post from 2007 to 2010, but he failed to produce the same despite the fact that he was afforded
number of opportunities and ultimately on 20/7/2017 he produced on record Select List of Substitute Safai Karamcharis
of Najafgarh Zone in order of merit, as Ex.MW1/1W-1. Though on 11/12/2015 this witness had taken time for
production of Seniority List of regular daily wager/muster roll employees, list of vacant post from 2007 to 2010, but he
failed to produce the same despite the fact that he was afforded number of opportunities and ultimately on 20/7/2017 he
produced on record Select List of Substitute Safai Karamcharis of Najafgarh Zone in order of merit, as Ex.MW1/1W-1.
Though on 11/12/2015 this witness had taken time for production of Seniority List of regular daily wager/muster roll
employees, list of vacant post from 2007 to 2010, but he failed to produce the same despite the fact that he was afforded
number of opportunities and ultimately on 20/7/2017 he produced on record Select List of Substitute Safai Karamcharis
of Najafgarh Zone in order of merit, as Ex.MW1/1W-1. Adverse inference is required to be drawn against the
Management for non production important documents vis-à-vis complete attendance sheet/muster roll charts pertaining
to the claimants herein and list of vacant post/s in the year 2008 when the claimants herein were retrenched/disengaged
on 23/11/2008. Even perusal of the Select List of Substitute Safai Karamcharis (ExMW1/W1) shows that there are
more than hundred of substitute Safai Karamcharis who worked even for about 10 to 15 days have been “Selected” and
included in the aforesaid list. No explanation has come forward from the Management as to why the names of the
claimants herein some of whom admittedly worked for over 240 days and some of whom worked for less than 240 days
but more than 50 days were not included in the Select List. The very contention of the Management that engagement of
the workmen/claimants was for a specific short period and is covered by the provisions of Section 2(oo)(bb) of the Act,
is not tenable inasmuch as MW1 admitted that no appointment letter was issued to the claimants to show that they were
being engaged for a specific period for a specific work and even the said witness could not tell details of employees in
whose place the workmen/claimants were engaged. There is admission on the part of MW1 that no enquiry was
conducted against the claimants before deleting their names from muster roll and further that no seniority list was
displayed on Notice Board before deleting the names of the claimants herein. Needless to mention here that the
Management/MCD was/is required to maintain a list of all such workers whether employed on a daily wage basis or
otherwise for short periods of time so that one may ascertain whether the principles of Section 25-G viz. “first come, last
go” have been followed by the MCD when it regulated or prepared Select List or terminated the services of a workman.
For not preparing or displaying such a list, an adverse inference is required to be drawn against the Management MCD
for failing to comply with Section 25-G of the Act, while terminating the services of the claimants herein. Furthermore,
careful perusal of Select List Ex.MW1/W1 shows that the persons/officials who were engaged during the period from
July, 2007 to December, 2009 and had worked for less than 50 days have been included in the Select List (reference may
be made to details at Sl.No.3035 to 5900 of the said list), whereas no cogent reason has been advanced by the
Management for non inclusion of names of the claimants herein in the Select List. This is indicative of the fact that there
was violation of Section 25-G of the Act in terminating the services of the claimants herein.
14.
There is another aspect of the matter. As mentioned above attendance sheets Ex.MW1/1 to Ex.MW1/0 showed
that four workmen Sombir, Raakhi, Satish and Rajbir had already worked for 260 days, 375 days, 342 days and 458 days
respectively prior to their alleged termination. Admittedly, no notice or compensation in lieu of notice period was given
to the claimants by the Management and as such termination of these claimants/workmen by the Management was in
violation of provisions of Section 25-F of the Act.
15.
Net result of the aforesaid discussion is that there existed relationship of Employer-employee between the
Management & the claimants and the action of the Management in terminating the services of the claimant is held to be
illegal and unjustified.
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1049
16.
Now the crucial question for consideration is whether the claimant is entitled to any incidental relief of payment
of back wages and/or reinstatement of service. The claimant in the pleading as well as in their testimony have stated
that they are unemployed since after their termination. The Management has not adduced any evidence to show that the
claimant is gainfully employed somewhere else or that they are in a position to make their both ends meet by doing any
work. Even if it is assumed that the claimants are doing some intermittent or adhoc work to make their both ends meet,
that would not itself amount to gainful employment.
17.
The Hon’ble Apex Court in case “Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya”
reported as (2013) 10 SCC 324 has held as under :
“The propositions which can be culled out from the aforementioned judgments are :
i)
In cases of wrongful termination of service, reinstatement with continuity of service and back
wages is the normal rule.
ii)
Ordinarily, an employee or workman whose services are terminated and who is desirous of
getting back wages is required to either plead or at least make a statement before the
adjudicating authority or the Court of first instance that he/she was not gainfully employed or
was employed on lesser wages. If the employer wants to avoid payment of full back wages,
then I has to plead and also lead cogent evidence to prove that the employee/workman wads
gainfully employed and was getting wages equal to the wages he/she wads drawing prior to
the termination of service. This is so because it is settled law that the burden of proof of the
existence of a particular fact lies on the person who makes a positive averments about its
existence. It is always easier to prove a positive fact than to prove a negative fact. Therefore,
once the employee shows that he was employed, the onus lies on the employer to specifically
plead and prove that the employee was gainfully employed and was getting the same or
substantially similar emoluments.”
18.
The Hon’ble Apex Court also held that different expressions are used for describing the consequence of
termination of a workman’s service/employment/engagement by way of retrenchment without complying with the
mandate of Section 25F of the Act. Sometimes it has been termed as ab initio void, sometimes as illegal per se, sometime
as nullity and sometimes as non est. Leaving aside the legal semantics, we have no hesitation to hold that termination of
service of an employee by way of retrenchment without complying with the requirement of giving one month’s notice or
pay in lieu thereof and compensation in terms of Section 25F (a) and (b) has the effect of rendering the action of the
employer and nullity and the employee is entitled to continue in employment as if his service was not terminated. (Anoop
Sharma Vs. Executive Engineer, Public Health Division No.1 Panipat (2010) 5 SCC 497).
19.
A Bench of three Judges of the Hon’ble Supreme Court in the case of Hindustan Tin Works Private Limited v.
Employees of Hindustan Tin Works Private Limited (1979) 2 SCC 80 held that relief of reinstatement with continuity of
service can be granted where termination of service is found to be invalid. It would mean that the employer has taken
away illegally the right to work of the workman contrary to the relevant law or in breach of contract and simultaneously
deprived the workman of his earnings. If thus the act of employer is found to be totally illegal and arbitrary, in that
eventuality the workman is required to be reinstated, with full back wages. Plain common sense also dictates that the
removal of an order terminating the services of workmen must ordinarily lead to the reinstatement of the services of the
workmen alongwith payment of back wages.
20.
However, Hon’ble Apex Court in the case General Manager, Haryana Roadways Vs. Rudan Singh,
reported as 2005 SCC (L&S) 716 observed as under :-
“8. There is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the
termination of service was in violation of Section 25-F of the Act, entire back wages should be awarded. A host
of factors like the manner and method of selection and appointment i.e. whether after proper advertisement of
the vacancy or inviting applications from the employment exchange, nature of appointment namely, whether ad
hoc, short term, daily wage, temporary or permanent in character, any special qualification required for the job
and the like should be weighed and balanced in taking a decision regarding award of back wages. One of the
important factors which has to be taken into consideration is the length of service, which the workman had
rendered with the employer. If the workman has rendered a considerable period of service and his services
are wrongfully terminated, he may be awarded full or partial back wages keeping in view the fact that at this
age and the qualification possessed by him he may not be in a position to get another employment.
However, where the total length of service rendered by a workman is very small, the award of back wages for
the complete period i.e. from the date of termination till the date of the award, which our experience shows is
often quite large, would be wholly inappropriate. A regular service of permanent character cannot be
compared to short or intermittent daily wage employment though it may be for 240 days in a calendar year.”
21.
Yet in another latest case of Bholanath Lal and others Vs. Shree Om Enterprises (P) Ltd.,
Manu/DE/1922/2018 (decided on 10/5/2018), Hon’ble High Court of Delhi while considering the question of illegal
termination and reinstatement held as under :-
“The cases in which the competent court or tribunal finds that the employer has acted in gross violation of the
statutory provisions and/or the principles of natural justice or is guilty of victimizing the employee or workman,
then the court or tribunal concerned will be fully justified in directing payment of full back wages. In such
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
cases, the superior courts should not exercise power under Article 226 or 136 of the Constitution and interfere
with the award passed by the Labour Court, etc. merely because there is a possibility of forming a different
opinion on the entitlement of the employee/workman to get full back wages or the employer’s obligation to pay
the same The courts must always keep in view that that in the cases of wrongful/illegal termination of service,
the wrongdoer is the employer and the sufferer is the employee./workman and there is no justification to give a
premium to the employer of his wrongdoings by relieving him of the burden to pay to the employee/ workman
his dues in the form of full back wages.”
A similar view has been taken in the case of Delhi Jal Board Vs. Vimal Kumar (decided on 5-4-2018)
MANU/de/1322/2018 wherein service of a casual driver was terminated without any notice or payment of one month’s
salary in lieu of such notice. The Industrial Tribunal answering the reference held the action of the management to be
illegal and in violation of Section 25-F of the Act. The Award was upheld by Hon’ble High Court of Delhi by observing
as under :-
“In view of the above discussion, I am unable to discern any illegality or infirmity in the impugned Award,
dated 29th May, 2003, of the Labour Court, to the extent that it holds the termination of the services of the
respondent, by the petitioner, to be illegal and unlawful. I am entirely in agreement with the finding, of the
Labour Court, that the services of the respondent were retrenched in violation of Section 25-F of the ID Act and
that, therefore, he was entitled to be reinstated in service with all consequential benefits. In view of the fact that
going by the age of the respondent as disclosed in the counter affidavit filed before this Court, he would, today,
be only 50 years of age, and also in view of the fact that the termination of his services as SCM Driver was not
on account of any deficiency or shortcoming detected in the manner of discharge by the respondent, of his
duties as such, I am of the opinion, that the facts of the present case, do not warrant any interference with the
direction, of the Labour Court, to the petitioner to reinstate the respondent in service with the benefit of
continuity of service. The petitioner is, therefore, directed to reinstate the respondent in service forthwith.
Inasmuch as the respondent has not been rendering any service to the petitioner since the date of his
termination, however, the back wages payable to the respondent would be limited to 50 per cent of the wages
which he would have drawn he had continued to serve the petitioner…..”
22.
Having regard to the legal position as discussed above and the fact that the claimants were performing duty to a
post of regular and perennial nature, this Tribunal is of the firm view that the claimants herein are entitled for
reinstatement into service on the same post, with 60 per cent back wages, inasmuch as termination of the
claimants/workmen is per-se illegal and the claimants/workmen are not gainfully employed anywhere since after his
termination by the Management. Award is passed accordingly.
Date : 01.02.2019
AVTAR CHAND DOGRA , Presiding Officer
नई द ली, 15 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 344
344
344
344.Ñऔोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? सिचव, बेटन नदी िनगम झांसी, और अ2य एवं उनके कम?चारी के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के
बीच अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय, कानपुर के पंचाट
(संदभ? संVया 35/2017) को (कािशत करती है जो के23ीय सरकार को 14.02.2019 को (ा 0ए थे ।
[सं. एल-42011/156/2016-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 15th February, 2019
S.O. 344.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 35/2017) of the Central Government Industrial Tribunal-cum-Labour
Court Kanpur, as shown in the Annexure, in the Industrial dispute between the employers in relation to The secretary
betan river corporation jhansi, & Others, and their workmen which were received by the Central Government on
14.02.19.
[No. L-42011/156/2016-IR (DU)]
RAJENDRA JOSHI, Dy. Director
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1051
ANNEXURE
BEFORE SHRI RAKESH KUMAR, HJS, PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL –CUM-LABOR COURT, KANPUR
ID. No. 35/2017
The President,
Dainik Betan Bhogi Sangh,
Lalitpur U.P.
Vs
The Secretary,
Betwa River Corporation,
Jhansi.
AWARD
1.
Central Government, MOL & Emp., New Delhi, vide notification no.L-42011/156/2016-IR(DU) dated
05.06.2017, has referred the following dispute to this Tribunal for adjudication:
“Whether the action of the management in relation to the workers of the Daily Rated Workers Sangh who have
been granted temporary status in making payment like regular employees of Group D employees after making
deduction of GPF by providing all Central Facilities (like all kinds of leave, GPF Deduction, Leave
Encashment, Group Insurance, Medical facility, LTC etc) is just and legal? If not, to what relief the workers are
entitled?’’
2.
In instant case after receipt of reference order from the Ministry of Labor & Employment, New Delhi,
registered notices dated 23.06.2017 and 22.06.2017 were issued to the claimant for filing his claim petition but the
worker after being provided opportunities on 04.08.17, 04.09.17, 10.11.17, 03.01.18, 28.03.18, 25.05.18, 21.06.18,
23.08.18, 24.10.18, and on 03.01.19 but none turned up before the tribunal on any of the dates fixed in the case nor any
claim petition was filed on behalf of the Sangh. One Sri Shiv Dayal appeared in the case as Pairokar of the management
and filed his authority dated 01.09.17. In the mean time notices dated 25th October 2018 and 25.10.18 were again issued
to the Sangh to file its claim petition but thereafter again none appeared before the tribunal in the hearing of the case nor
any claim petition has been filed.
3.
Again the case was taken up for hearing on 23.01.19, but none appeared in the hearing of the case from the side
of the Sangh nor claim petition has been filed. It is also evident that sufficient opportunities have been afforded to the
Sangh for filing the claim petition, but Sangh deliberately failed to avail all such opportunities granted by the tribunal.
4.
It thus appears that the Sangh is not inclined to contest the instant case before this tribunal otherwise they ought
to have filed their claim petition in the case. It is also clear that the representative of the Sangh deliberately neither
appeared in the case nor filed any claim petition for the reasons best known to him. Therefore under the facts and
circumstances of the case the reference is to be adjudicated against the workman for want of pleading and proof
5.
The representative of the Sangh raising the present dispute from his own conduct and behavior does not seem to
be interested in prosecuting the present reference anymore and the tribunal under the facts and circumstances of the case
(supra) decides the reference against the Sangh for want of pleading and proof.
6.
Award as above.
Date: 24.01.19
RAKESH KUMAR, Presiding Officer
नई द ली, 15 फरवरी, 2019
का
का
का
का.आ. . . . 345
345
345
345.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? महािनदेशक (वाक? ) कA 3ीय लोक िनमा?ण िवभाग, नई दली और अ2य एवं उनके कम?चारी के (बंधतं< के संब_
िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म
2यायालय-1, नई दली के पंचाट (संदभ? संVया 100/2015) को (कािशत करती है जो के23ीय सरकार को 15.02.2019 को
(ा 0ए थे ।
[सं. एल-42011/125/2014-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
1052
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
New Delhi, the 15th February, 2019
S.O. 345.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 100/2015) of the Central Government Industrial Tribunal-cum-Labour
Court-1, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to the Director
General (Warks) CPWD, New Delhi and others, and their workmen which were received by the Central Government on
15.02.2019.
[No. L-42011/125/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA, PRESIDING OFFICER, CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL CUM LABOUR COURT NO. 1, DWARKA COURTS COMPLEX, DELHI
ID No.100/2015
1. Shri Vijender Singh s/o. Kalyan Singh
2. Hukam Singh s/o. Prem Singh
3. Sunil Kumar s/o. Harpal Sigh,
4. Ashok Kumar s/o. Kalyan Singh
5. Asha Devi widow of late Shri Laxman Prasad,
6.Smt. Rani daughter of late Shri Laxman Prasad,
7. Smt. Sangita daughter of late Shri Laxman Prasad,
8. Ms. Gudia, daughter of late Shri Laxman Prasad,
9. Ms. Ashu, daughter of late Shri Laxman Prasad,
10. Sonu, son of late Shri Laxman Prasad,
(claimants No.5 to 10 are legal heirs of workman Laxman Prasad)
Through
CPWD Mazdoor Union,
Room No.95, Barrack No.1/10,
Jam Nagar House, Shah Jahan Road,
New Delhi – 110 011
…Workmen/Claimants
Versus
The Director General (Works)
C.P.W. D.,
Nirman Bhawan,
New Delhi – 110 001
…Management
AWARD
A reference was received from Ministry of Labour, Government of India vide Letter No.L-42011/125/2014-
IR(DU) dated 13.01.2015 under clause (d) of sub-section(1) and sub-section (2A) of Section 10 of the Industrial
Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as under:
‘Whether the action of the management in terminating the services of Shri Vijender Singh, S/o Shri Kalyan
Singh, Hukam Singh S/o Shri Prem Singh and Shri Sunil Kumar S/o Shri Harpal All with effect from
18.12.2010, Shri Ashok Kumar S/o Shri Kalyan Singh and Shri Laxman Prasad with effect from 25.11.2009
and 16.12.2010 is fair, just & legal? If not, what relief the workmen are entitled? Whether the above workmen
are entitled to be granted the equal pay for equal work from the date of their initial employment as MLC being a
skilled workman as per policy of the management? Whether the workmen Shri Vijender Singh, Shri Hukan
Singh, Shri Sunil Kumar, Shri Ashok Kumar and Shri Laxman Prasad are entitled to be regularized with effect
from 11.12.2006 as per the policy of the management?
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1053
2.
After receipt of the above reference, both the parties were put to notice and workmen herein filed statement of
claim giving particulars of their employment with ITDC (in short management ) which is as under:
S.
No.
Name & Father’s Name
(S/Shri)
Division Attached
Date of Joining
Date of
Termination
1
Vijender Singh S/o Kalyan
Singh
Delhi College of Engineering, PWD
division No.M-333
23.12.1991
18.12.2010
2
Hukan Singh, S/o Prem
Singh
-
Do -
22.07.1992
18.12.2010
3
Sunil Kumar S/o Harpal
Singh
-
Do -
26.03.1993
18.12.2010
4
Ashok Kumar S/o Kalyan
Singh
Safdarjung Hospital, Civil Division
02.01.1991
25.11.2009
5
Laxman Prasad, S/o Kent
- Do -
21.01.1991
16.12.2010
2.
It is averred in the statement of claim filed on that the above claimants are entitled for equal pay for equal work
of skilled workman as per policy of the management from the date of their initial employment with all consequential
benefits, except late Shri Laxman Prasad who is entitled for equal pay for equal work from 21.01.1991 to 04.03.2014 -
the date of his death.
3.
The above claimants filed their claim before the Hon’ble CAT for grant of temporary status provided for Group
D employees but the above claimants were performing duty of Motor Lorry Drivers on work order. However, the
claimants lost their case. Hon’ble High Court accepted the contention of the management that these workmen are not
entitled to temporary status and directed the management to consider the case of the claimants sympathetically vide order
dated 20.07.2010. During pendency of the petition in different courts, management terminated the workmen without
providing one month notice or notice pay and compensation and juniors to the claimants are performing their duties as
MLD on daily wages including work order either on muster roll/Hand receipt/work order. Management has also violated
provisions of last come first go. The claimants have performed their duties continuously without any break and has
completed more than 240 days in each calendar year. The management has violated provisions of Section 25-F, G and H
of the Act.
4.
It is the case of the workmen that in the establishment of CPWD, daily rated employees are being paid equal
pay for equal work and accordingly the claimants are also entitled for such wages from the management as per office
memorandum dated 21.10.1990 as well as 28.01.1991 as skilled workmen. Office memorandum dated 21.10.1990 reads
as under:
‘References have been received from some of the Superintending Engineers/Executive Engineers etc. seeking
clarification regarding method of computing daily rates payable to daily rated workers of CPWD on the concept
of equal pay for equal work. It has been decided that the following formula may be adopted for the purpose of
working out daily rates of wages of daily rated workers of CPWD.’
The total monthly emoluments admissible to regular counter parts of daily rated workers at the minimum of the
respective scale of pay may be multiplied by number of days in a particular month after deducting there-from
the days of absence plus the days of rest falling in the week/weeks in which the worker remained absent and the
result may be divided by the number of days in the month. The figure so arrived will be the daily rate of
wages of the worker.
Illustration : Suppose number of days in a month is A, amount of emoluments in a particular month of a regular
counterpart is B, number of days of absence of worker in a month is C and the number of rest days falling in the
week/weeks on which the worker remained absent is D, then the formal for working out daily rats of wages of a
daily rated worker would be as under:
Daily rate of Wages = A – (C + D) x B
Note : If a worker works for all the working days in a month availing the admissible rest days, he is entitled to
full wages admissible at the minimum stage of the respective scale of pay, including DA/HRA/CCA admissible
to his regular counterparts.’
5.
It is averred that awards in respect of Shri Karam Singh, Shri Baldev Singh and Bal Kishan have been affirmed
by the Hon’ble High Court of Delhi and have allowed them equal pay for equal work except increment as per policy of
the management. Finally, it has been prayed that the management be directed t0 reinstate the claimants with full back
wages, continuity of service and all consequential benefits.
6.
The Management contested the claim petition by filing written statement which was subsequently amended and
took preliminary objections that the workmen were working on contract basis by issuing work orders from time to time
and payment/wages used to be made to them in terms of work orders. In terms of the work order, the workman could be
terminated by the Management without any notice or reason as payment were made for the period of actual duty
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
performed by the workmen. There exists no relationship of employer and employee between the parties and as such the
claim is not maintainable. While denying the allegations of the workmen on merits, it has been alleged that the workmen
were working on contract basis/work order basis from time to time just to maintain status quo order dated 8/1/1998
issued by the Hon’ble High Court and that their services were discontinued on 18/12/2010 vide order dated 16/12/2010
in the light of judgement dated 20/7/2010 passed by Hon’ble High Court of Delhi. It has also been alleged that the
person working against Group-C posts were not entitled for grant of temporary status under the scheme of temporary
status issued by DOPT and the workmen cannot be absorbed on the post of Motor Lorry Driver/s as no other contract
labour deployed after the date from which the private person/respondent was deployed has been given permanent status
in any department of CPWD. The workman are also not eligible for grant of temporary status in group-D post as the
scheme for temporary status is only for Group-D casual workers and not for C posts. To this effect, office orders dated
14/6/2011 and 26/6/3022 were issued the Management. It is also alleged that Hon’ble High Court of Delhi has already
rejected the petitions of the workmen for reinstatement/regularization vide detailed reasoned order dated 26/4/2013.
Prayer has been made for dismissal of the claim petition with heavy costs.
7.
The claimants/workmen filed rejoinder wherein they denied all the allegations made by the Management and
reiterated their own case as set up in the claim petition.
8.
On the pleadings of the parties, this Tribunal vide order dated 18/01/2017 framed following issues :-
(i)
Whether there is no relationship of employer and employee between the claimant and the management as
alleged ?
(ii)
Whether claim is not legally maintainable in view of preliminary objections ?
(iii) In terms of reference ?
9. The Claimant in support of their case examined Shri B.K. Prasad, General Secretary, CPWD Mazdoor Union as
W.W.1 who tendered his affidavit Ex.WW1/A alongwith documents Ex.WW1/1 to WW1/7. One of the claimants
namely Ashok Kumar also appeared in the witness box as WW2 who tendered his evidence by way of affidavit
Ex.WW2/A and relied on the document Ex.WW1/6.
10.
On the other hand, the Management in order to rebut the case of the claimant examined Shri Keshav Ram,
Executive Engineer, who tendered his evidence by way of affidavit Ex.MW1/A and relied on the documents Ex.MW1/1
to Ex.MW1/8.
11.
I have carefully gone through the evidence adduced on record by both the parties and have given my thoughtful
consideration to rival contentions of Shri B.K. Prasad, A/R for the claimant and Shri B.K. Kashyap, A/R for the
Management.
Issue No.1 to 3 :-
12.
These issues are taken up together as they can be conveniently dsposed by common discussion.
13.
Ld. AR appearing on behalf of the Management strongly contended that there is no relationship of employer
and employee between the Management & claimant and as such the claim petition is not maintainable.
14.
Per contra, learned counsel appearing on behalf of the Claimant submitted that the claimants were working as
Motor Lorry Drivers with the Management since the year 1991 and that their services were illegally terminated in
December, 2010.
15.
There is no dispute about preposition of law that onus to prove that claimant was in the employment of
Management is always on the workman/claimant and it is for the workman to adduce evidence to prove factum of his
employment with the Management. Such evidence may be in form of receipt of salary or wages for 240 days or record of
his/her appointment or engagement for that year to show that he/she has worked with the employer for 240 days or more
in a Calendar year. In this regard, reference may be made to Batala Coop. Sugar Mills Ltd. Vs. Sowaran Singh, (2005)
8 Supreme Court Cases 481 as well as Director Fisheries Terminated Division Vs. Bhikubhai Meghajibhai Gavda
(2012) 1 SCC 47.
16.
This Tribunal has to consider the oral as well as documentary evidence adduced on record so as to decide the
question of relationship of employer and employee between the Management and the claimant herein.
20.
From the pleadings of the parties and evidence adduced on record, it is manifest that the workmen herein had
been working on contract basis by virtue of work orders released from time to time with by the Management with a view
to maintain status quo in compliance with the order of the Hon’ble High Court of Delhi. It is a matter of record that the
claimants herein had filed OA Nos.78/1998, 264/1998, 1443/1998, 264/1998 and 1443/98 which were disposed of by the
Hon’ble Central Administrative Tribunal. The Tribunal in the concluding para of its order dated 23/7/1999 had held as
under :-
“I have carefully considered the submissions of all the counsel present for both the sides. The nature of work
performed was that of a driver. There was no third party contractor. In all these cases, the applicants are both
the contractors and executors. They worked with the vehicle and they are paid their wages, euphemistically
known as a contract amount . It is clear camouflage for employing a daily rated worker as a daily mazdoor for
driving a Car regularly year after year. In view of the Apex Court’s decision in the case of Lalji(supra) I hold
that the applicants are entitled to consideration for temporary status which orders should be passed by the
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1055
respondents within a period of four weeks from the date of receipt of a copy of this order in accordance with the
scheme, Thereafter if there is any post vacant to be filled up the applicants shall be considered along with
others. In considering the applicants, either of a Group D post or for a driver post, the earlier experience of the
applicants shall be considered and given weightage. Age relaxation shall be fully provided.”
It is pertinent to mention here that in para 10 of the amended written statement, the Management has stated that the
workmen were working on contract basis, hence they are not entitled for equal pay for equal work. MW1 Keshav
Ram- sole witness examined by the Management admitted that the claimants were driving vehicle of the Management
and were working under the directions of the Management. Petrol was also being supplied by the Management, although
the claimant were engaged on work order basis. This testimony of MW1 goes to show that claimants were working as
driver/s under the control & supervision of the Management and as such, there existed relationship of employee-
employer between the claimants & Management herein and further that, claimant is a “workman” within the definition
of Section 2(S) of the Act. In this regard, reference can be made to the decision in the case of Devinder Singh Vs.
Municipal Council, Sanaur, AIR 2011 Supreme Court 2532, wherein the Hon’ble Apex Court while interpreting the
provisions of Section 2(S) of the Act which deals with the definition of “workman” has observed as under :-
“The source of employment, the quantum of recruitment, the terms & conditions of employment/
contract of service, the quantum of wages/ pay and mode of payment are not at all relevant for
deciding whether or not a person is a workman within the meaning of Section 2(s) of the Act. The
definition of workman also does not make any distinction between full time and part time employee or
a person appointed on contract basis. There is nothing in the plain language of Section 2(s) from
which it can be inferred that only person employed on regular basis or a person employed for doing
whole time job is a workman and the one employed on temporary, part time or contract basis on fixed
wages or as a casual employee or for doing duty for fixed hours is not a workman.”
It is clear from the perusal of aforesaid observations that even if a person is engaged on temporary, part time or contract
basis or for doing any other kind of work and is duly paid wages for the said work, in that eventuality such a person
would be covered by the definition of “workman” as provided in Section 2(S) of the Act.
17.
As discussed above, this Tribunal has no hesitation to hold that there existed relationship of Employer-
employee between the Management and claimants herein, inasmuch as the claimants had been working as drivers with
the Management prior to their termination in December, 2010 and also to hold that the claim petition is maintainable.
18.
As per the terms of reference and the claim petition so filed, the claimants have claimed the relief of
regularization of their service as well as equal pay for equal work, besides reinstatement into service with full back
wages, alleging that they were illegally terminated from service by the Management.
19.
It is a matter of record that issue regarding grant of temporary status to the claimants herein and regularization
of their service was also raised and considered by the Hon’ble High Court, in W.P. (Civil) No.6176/2012 (Union of India
and another Vs. Shri Vijender Singh and others). In that writ petition, direction given by the Hon’ble CAT to the
Management to consider the case of the respondents/workmen herein for grant of temporary status under the Scheme of
1993 was also challenged. In its detailed order dated 26/4/2013 (Ex.MW1/8), Hon’ble High Court had made certain
observations in operative para of the judgement (Ex.MW1/8) which are quite relevant and same are reproduced
hereunder :-
“16. The direction as such is contrary to the Scheme of 1993. We agree with the submission of Ms. Ahlawat
(counsel for the UOI) that this direction of the Tribunal needs to be set aside. We do so and hold that the
direction of the Tribunal to the extent that the petitioner should consider the cases of respondent for grant of
temporary status as belonging to Group “C” category is not tenable, being contrary to the Scheme of 1993k. As
the respondents are not entitled to temporary status as Group “C” employees, no question arises for
considering the respondents for regularization in terms of the said scheme. Even this direction is liable to
be set aside and we do so accordingly.”
Once the Hon’ble High Court has already held the claimants herein to be not entitled for grant of temporary status
and/or for the benefit of regularization into service, this Tribunal can not decide the matter afresh for such reliefs, more
so when it has been stated at the bar by the learned A/R for the workmen /claimants that against the aforesaid order of
Hon’ble High Court, SLP has already been preferred by the claimants and same is pending disposal before Hon’ble
Supreme Court of India. As such, only vital question for consideration is as to whether termination of the claimant is
illegal and against the provisions of the Act. This Tribunal while rendering findings on issue No.1 has held that the
claimants were the “Workmen” for the purposes of the Act. From the pleadings as well as evidence adduced on record,
particularly the testimony of WW2 Ashok Kumar, it has come on record that services of the workman were terminated
without any notice or notice pay, compensation etc. despite he has completed more than 240 days in each calendar year.
Admittedly, the Management has not issued any notice to the claimants before ordering their termination, nor has paid
one month’s salary in lieu of such notice as required under Section 25-F of the Act. I may mention that provisions of
Section 25-F of the Act which provides for conditions precedent to retrenchment of workmen, are absolute and
inexorable and it reads as under :-
“25-F : Conditions precedent to retrenchment of workmen –
No workman employed in any industry who has been in continuous service for not less than one year under an
employer shall be retrenched by that employer until –
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
(a) The workman has been given one month’s notice in writing indicating the reasons for retrenchment and the
period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of
the notice;
(b) The workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days’ average pay for every completed years of continuous service or any part thereof in excess of six
months; and
(c) Notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette.”
The above provision makes it clear that the employer is required to give notice to the appropriate Government
apart-from giving one month’s notice in writing or one month’s wages in lieu of the notice and payment of retrenchment
compensation to the concerned workman.
20.
There is long line of decisions of Hon’ble Apex Court as well as of various High Courts that provisions of
Section 25-F of the Act are mandatory in nature and termination of the workman from services in derogation of the
provisions of Section 25-F of the Act will render whole action of the Management Bank to be illegal and wrong under
the law. Since there is no evidence on record that any valid notice was issued by the Management to the workmen at the
time of termination of their services or in lieu of such notice, any compensation was paid to them, as such action of the
Management in terminating the services of the workmen in 2009-2010 (exact date of termination as mentioned in para 2
above) is held to be illegal and void.
21.
Now the residual question is whether the claimant/work is entitled to any incidental relief of payment of back
wages and/or reinstatement of service with full back wages. As discussed above, workmen were working as drivers on
contract/work order basis with the Management for the last about 18 years or so, prior to their termination. There is no
show cause notice or charge-sheet issued to the claimant/workman by the Management. Moreover, the job of the
workmen as Motor Lorry Driver is of perennial and regular nature. Although in the lengthy statement of claim (running
into 8 pages, having single line space) there is neither any pleading that the workman concerned is unemployed, however
during the course of arguments the workmen stated before me that they are unemployed since the date of their
termination. There is no positive evidence adduced by any of the parties to show that the workmen/claimants are
gainfully employed or not. Even if it is assumed that the claimants are doing some intermittent or adhoc work to make
their both ends meet, that would not itself amount to gainful employment. But at the same time this Tribunal can not
ignore the fact that the workmen/claimants were working with the Management simply on contract basis. Latest trend
itself discernable from the various pronouncements made by the Hon’ble Apex Court is that when a person has been
engaged on daily wage basis or for doing temporary kinds of work, in that situation full back wages are not be awarded.
There are number of factors which are required to be considered by the Tribunal while considering the question of
reinstatement with back wages. It has been held in the case of Hari Nandan Prasad Vs. Food Corporation of India (2014)
7 Supreme Court cases 190 as under :-
“ Relief by way of reinstatement with back wages is not automatic and may be wholly inappropriate in
a given fact situation even though the termination of an employee is in contravention of the prescribed
procedure. Compensation instead of reinstatement has been held to meet the ends of justice. An order
of retrenchment passed in violation of Section 25-F although may be set aside but an award of
reinstatement should not, however, automatically passed. The award of reinstatement with full back
wages in a case where the workman has completed 240 days of work in a year preceding the date of
termination, particularly daily wages has not been found to be proper by the Supreme Court and
instead compensation has been awarded. The Supreme Court has distinguished between a daily wager
who does not hold a post and a permanent employee. The reasons for denying the relief of
reinstatement in such cases are obvious. It is trite law that when the termination is found to be illegal,
because of non payment of retrenchment compensation and notice pay as mandatorily required under
Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the
management to terminate the services of that employee by paying him the retrenchment compensation.
22. Having regard to the recent judicial trends and duration of service rendered by the claimants, to my mind,
ends of justice will meet if each of the claimants/workmen Nos.1 to 4 as also legal heirs of workman Laxman
Prasad (viz.claimants No.5 to 10) are awarded an amount of Rs.2 lakhs (Rupees Two Lakh) and total compensation
of Rs.10 lakhs (Rupees Ten Lakhs) is payable to the claimants herein by the Management. In case this
compensation amount is not paid within two months from the date of publication of this Award, then the claimant
will be entitled to recover the same alongwith interest @ 6% per annum from the date of filing the claim petition
till realization of the amount. Award is passed accordingly.
Date : 12.02.19
AVTAR CHAND DOGRA, Presiding Officer
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1057
नई द ली, 15 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 346
346
346
346.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के2 3ीय सरकार
मेसस? अk य], भारतीय राa iीय राजमाग? (ािधकरण, नई द ली और अ2 य एवं उनके कम?चारी के (बंधतं< के संब_
िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द?a ट औोिगक िववाद मA के2 3ीय सरकार औोिगक अिधकरण एवं 5म
2 यायालय-1, नई द ली के पंचाट (संदभ? संV या 05/2015) को (कािशत करती है जो के2 3ीय सरकार को 15.02.2019 को
(ाe त 0ए थे।
[सं. एल-42012/156/2014-आईआर (डीयू)]
राजA3 जोशी, उप िनदेशक
New Delhi, the 15th February, 2019
S.O. 346.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947) the Central Government
hereby publishes the award (Ref. No. 05/2015) of the Central Government Industrial Tribunal cum-Labour Court-1, New
Delhi as shown in the Annexure, in the Industrial Dspute between the employers in relation to the Chairman, National
Highways Authority of India, New Delhi and others, and their workmen which were received by the Central Government
on 15.02.2019.
[No. L-42012/156/2014-IR (DU)]
RAJENDRA JOSHI, Dy. Director
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA PRESIDING OFFICER CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL CUM LABOUR COURT No.1, DWARKA COURTS COMPLEX : NEW DELHI
ID No. 05/2015
Smt. Vinita
W/o. Shri Shekhar Kumar,
posted as Acccountant,
through Delhi Labour Union,
Agarwal Bhawan,
GT Road, Tis Hazari,
Delhi -110054.
… Workman/Claimant
Versus
The Management of National Highways
Authority of India,
Ministry of Shipping, Road Transport & Highways,
G-5 & 6, Sector 10, Dwarka,
New Delhi 110075
Through its Chairman.
… Management
AWARD
This Award shall dispose of a reference which was made to this Tribunal by the appropriate Government vide its letter
No. L-42012/156/ 2014-IR(DU) dated 22.12.2014 under clause (d) of sub-section (1) and sub-section (2A) of Section 10
of the Industrial Disputes Act, 1947(in short the Act) for adjudication of an industrial dispute, terms of which are as
under:
‘Whether termination of Smt. Vinita w/o. Shri Shekhar Kumar by the management of National Highway
Authority of India w.e.f. 25.01.2012 without complying with the provisions of law is just, fair and legal ? If not,
what relief the workman concerned is entitled to ?’
2.
Both parties were put to notice and the claimant/workman Smt. Vinita filed statement of claim, with the
averments that she joined the employment of the Management as an Accountant w.e.f. 5/1/2007, on contract basis for
two years (extension from time to time), in response to the vacancy advertised by the Management; she was discharging
her services to the entire satisfaction of her superiors in Port Connectivity Division from 2007 till January, 2012. It is
alleged that he workman took maternity leave w.e.f. 17/1/2011 to 1/12/2011 and when she returned on duty on
2/12/2011, she was issued a memorandum dated 2/12/2011, containing certain vague allegations regarding unauthorized
absence from duty. She sent detailed reply dated 7/12/2011 thereto. Thereafter the Management issued another
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
memorandum dated 29/12/2011, leveling certain allegations regarding absenteeism for 40 days in the year 2010 and 49
days in the year 2011, to which the workman sent detailed reply dated 6/1/2012. Without disposing of the
representation given by the workman, the Management terminated the services of the workman vide letter dated
25/1/2012, which action of the Management amounts to unfair labour practice inasmuch as the Management has not
given any opportunity to the workman prior to imposition of the penalty of termination from service and even neither
any charge-sheet about the misconduct on the part of the workman was given nor any domestic enquiry was conducted
against her and as such, she was not afforded any opportunity of being heard prior to her illegal termination. Even
otherwise, the impugned termination is violation of Section 25-F, G and H of the Act read with Rule 76, 77 and 78 of
Central Industrial Rules, 1957. Demand notice dated 10/4/2012 was sent to the Management but to no response.
Conciliation proceedings were also initiated but to no avail due to adamant and non cooperative attitude of the
Management. It is claimed that the workman is totally unemployed since the date of her termination. The claimant has
prayed for her reinstatement in service with continuity of service and with full back wages and all consequential benefits.
3.
The claim petition has been resisted by the Management who filed its written statement. While denying the
allegations of the workman, it has been alleged that the claimant was appointed for specified period for two years from
5/1/2007 to 4/1/2009 which was extended for further two years upto 4/1/2011 and thereafter her contract of employment
was not extended or renewed. Non renewal of the contract does not mean retrenchment in the eyes of law under Section
2(oo)(bb) of the Act. On merits, it is alleged that the claimant was habitual absentee from duty, without intimation as
she remained unauthorized absence from duty for 76 days in the year 2009; 135 days in the year 2010 and 50 days in the
year 2011. Asstt. Manager (Admn. & HR-II) of the Management issued memorandum dated 29/12/2011, asking the
claimant to explain cause of unauthorized absence of 40 days in the year 2010 and 49 days in the year 2011 i.e. from
14/10/2011 to 1/12/2011 but no satisfactory reply has been received from the claimant. Conduct of the claimant showed
that she had no interest in the employment. As such, the Management decided not to extend/renew the contract of
employment of claimant and issued a letter dated 25/1/2012 clarifying that her services could not be extended and hence
her contract as Accountant with NHAI stands discontinued with immediate effect. It has been pleaded that claimant is
concealing her gainfully employment due to some malafide intention and she has not produced any material in support of
this contention. Prayer has been made for rejection of the statement of claim of the workman/claimant.
4.
The claimant/workman filed rejoinder wherein she denied all the allegations made by the Management and
reiterated her own case as set up in the claim petition.
5.
On the pleadings of the parties, this Tribunal vide order dated 24/08/2015 held that no specific issue excepting
the one as referred by the Govt. of India in the Reference required adjudication.
6. The Claimant in support of her case examined herself as W.W.1 and tendered her affidavit Ex.WW1/A alongwith
documents Ex.WW1/1 to WW1/20. Testimony of the claimant is in line with the averments made in the claim petition.
In cross examination she deposed that she had applied and proceeded on maternity leave on 17/1/2011. She denied the
suggestion that she unauthorisedly absented from work for 76 days during the year 2009. She also denied the suggestion
that she never informed the Management while proceeding on leave . She also denied the suggestion that she was
appointed for specific work for specific purpose.
7.
On the other hand, the Management in order to rebut the case of the claimant examined Shri Adarsh Kumar,
Deputy General Manager (HR) who tendered his evidence by way of affidavit Ex.MW1/A alongwith documents
Ex.MW1/1 to Ex.MW1/4.
8.
I have carefully gone through the evidence adduced on record by both the parties and have give my thoughtful
consideration to rival contentions of Shri Rajiv Aggarwal, A./R for the claimant and Shri S.P.Das, A/R for the
Management.
9.
It is clear from the pleading of the parties and evidence adduced on record that the claimant/workman had
joined the Management on 5/1/2007 as Accountant, on contract basis and prior to her appointment, she was subjected to
written test held on All India level and was interviewed. Document Ex.MW1/1 is the copy of the appointment letter of
the claimant to the post of Accountant on contract basis, for a period of two years, on monthly lump-sum amount of
Rs.7400/- plus HRA & CCA. The claimant worked with the Management for about five years w.e.f. 5/1/2007. As such,
relationship of employee-employer between the claimant and the Management herein stands proved and same is
otherwise also not in dispute.
10.
Now the vital question for consideration before this Tribunal is whether termination/disengagement of the
claimant from her services by the Management vide letter dated 25/1/2012 is in accordance with law or in violation of
the provisions of Section 25-F, G & H of the Act.
11.
According to the case of the workman/claimant, she had taken maternity leave w.e.f. 17/1/2011 to 1/12/2011
and when she returned on duty on 2/12/2011, she was issued a memorandum dated 2/12/2011 (Ex.WW1/12), to which,
she had sent a detailed reply dated 7/12/2011 (Ex.WW1/13) and thereafter the Management issued another memorandum
dated 29/12/2011 (Ex.WW1/14), to which the workman sent detailed reply dated 6/1/2012 (Ex.WW1/15). Without
disposing of her representation, the Management had illegally terminated her services vide letter dated 25/1/2012
(Ex.WW1/17). On the contrary, case of the Management is that the claimant/workman was habitual absenteeism
inasmuch as she remained on unauthorized absence from duty for 76 days in the year 2009; 135 days in the year 2010
and 50 days in the year 2011. Asstt. Manager (Admn. & HR-II) of the Management had issued memorandum dated
29/12/2011 (Ex.MW1/2), asking the claimant to explain cause of unauthorized absence of 40 days in the year 2010 and
49 days in the year 2011 i.e. from 14/10/2011 to 1/12/2011 but no satisfactory reply was received from the claimant. As
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1059
such, the Management issued letter dated 25/1/2012 regarding termination/non-extension of services of the claimant
with immediate effect, a copy of which has been filed on record as Ex.WW1/7 (by the side of workman) and Ex.MW1/4
(by the side of Management).
12.
As per the testimony of the claimant Smt. Vinita WW1 and of MW1 Shri Adarash Kumar, Deputy General
Manager (HR), the claimant/workman happened to be on maternity leave w.e.f. 17.1.2011 to 15.7.2011 and thereafter
she had requested for extension of leave till 16-10-2011, that is to say that she remained on earned leave for 90 days.
Thereafter, she allegedly remained on unauthorized leave for 49 days in the year 2011.
13.
Learned A/R appearing on behalf of the Management strenuously argued that in fact contract of employment of
the claimant was not extended beyond 4/1/2011 and non-renewal/non extension of contract of employment after expiry
of the specified period, does not amount to retrenchment under Section 2(oo)(bb) of the Act. To my mind, this argument
has no force inasmuch the contract of service/employment of the claimant though was for a long period, does not show
that it was for any specific project or scheme. No evidence has been adduced by the side of the Management to show that
the claimant who was subjected to Test on All India basis, followed by interview and medical test etc., was engaged for
any specific project or scheme of the Management. There is also no whisper of an averment anywhere in the written
statement that the claimant was not in the employment of the Management during the year 2011, rather it is clear from
para 2 of the written statement as well as document Ex.WW1/4 (reply submitted by the Management before Conciliation
Officer) that the claimant had availed maternity leave for 180 days besides earned leave for 90 days in the year 2011.
The claimant has specifically stated that she proceeded on maternity leave w.e.f. 17/1/2011. Even otherwise, perusal of
the office order dated 23rd February/15th March, 2011 (Ex.WW1/11) shows that the claimant was re-engaged on contract
basis for a period of two years on a monthly lump-sum amount of Rs.12060/- plus DA/HRA and transport allowance. In
case the Management wanted to discontinue the contractual service of the claimant after 4/1/2011 as is being alleged
now, then there was no occasion for the Management to issue the aforesaid office order dated 23rd February/15th March,
2011. It is a matter of record that the services of the claimant have been disengaged/terminated by the Management vide
letter dated 25/1/2012 (Ex.MW1/4) and this impliedly shows that the workman /claimant continued to work under the
Management beyond 4/1/2011 till 25/1/2012 when order of termination was issued. As such, the contention of the
Management that the contract of employment of the claimant was not extended beyond 4/1/2011 and non-renewal/non
extension of contract of employment after expiry of the specified period, does not amount to retrenchment under Section
2(oo)(bb) of the Act, is not at all tenable, inasmuch as the workman continued to work with the Management even after
expiry of the contract extended by the Management vide office order dated 23rd February/15th March, 2011
(Ex.WW1/11) till the date of her termination i.e. 25/1/2012.
14.
Another contention of the Management is that the claimant was unauthorisedly absent from duty for 49 days
w.e.f. 14/10/2011 till 1/12/2011 and the said period was in excess of the notice period, a decision was taken by the
Management to terminate the contract of her service. It emerges that the Management has terminated/disengaged the
services of the claimant due to her unauthorized absence from duty for 49 days. Claimant WW1 has specifically
deposed that she took maternity leave w.e.f. 17/1/2011 to 1/12/011 and when she resumed duty on 2/12/2011, she was
issued a memo dated 2-12-2011 (Ex.WW1/12), seeking her explanation for the unauthorized absence from duty. Vide
reply letter dated 7/12/2011 (Ex.WW1/13), the claimant had given a detailed explanation inter-alia that vide her
application dated 26/7/2011 she had requested Manager (PC), NHAI to grant further leave for about three months as her
infant child required special care and attention and as no reply thereof was received from the office she understood that
her request was acceded to; that when she was about to join his duty, the baby encountered with certain medical
complications associations with loose motions and had to be taken to the Paediatrician on 11/10/2011; it was diagnosed
that since the baby was not properly digesting outside food stuff properly, baby had to be kept on mother-feed since
11/10/2011; that she had made informative calls to the mobile number 9717620878 of Manager (PC) on 20-10-2011,
9-11-2011 and 21-11-2011 and that as soon as the baby’s health recovered, she reported for duty on 2/12/2011
(Forenoon) vide her joining report. In the said explanation, the claimant had specifically stated that she had never
intended and remained absent from duty without information to office and thus, allegations leveled in the memo dated
2/12/2011 were false and she had requested for dropping the said memo. Instead of considering her request for
dropping the memo dated 2/12/2011, the Management issued another memo dated 29/12/2011 (Ex.WW1/14),
mentioning that she was a habitual absentee & remaining absent for 40 days in the year 2010 and 49 days in the year
2011 (i.e. from 14-10-2011 to 1-12-2011) and further she failed to submit application for leave and remaining on
unauthorized absence which act amounted to lack of devotion to duty and hence she was called to show cause why
disciplinary action be not initiated against her. It would not be out of place to mention here that in the memo
Ex.WW1/14 though details/period of absence from duty by the claimant during the year 2011 were given, however it
was lacking in respect of 40 days in the year 2010. The claimant vide her detailed reply dated 6/1/2012 (Ex.WW1/15)
took objection for the same and asserted about informative calls made by her in the office. She requested for
adjustment in respect of left out period of leave from 14/10/2011 to 1/12/2011 (49 days) with ELs, MLs, HPLs and
any other kind of leave standing to her credit and in case of any shortfall, amount may be recovered from her
salary. The claimant also sent a representation dated 25/1/2012 (Ex.WW1/16) to the Chairman, explaining her plight of
undue harassment meted out to her vide office memo dated 29/12/2011 and had requested for intervention. However,
vide order dated 25/1/2012 (Ex.MW1/4), services of the claimant were terminated, stating that her present/existing
contract had expired on 4/1/2011 and that the Competent authority had decided not to extend her contract further and
hence her contract as “Accountant” with NHAI stands discontinued, with immediate effect. It is worthwhile to mention
here that in case service contract of the claimant had expired on 4/1/2011 and was not renewable, then as to why the
Management issued aforesaid office order dated 23rd February/15th March, 2011 and why the maternity leave for 180
days w.e.f. 17/1/2011 and earned leave for 90 days thereafter were granted to him. No explanation has been furnished
1060
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
to the same by the side of the Management. It is not in dispute that the claimant was appointed to the post of Accountant
through written test conducted on All India basis, followed by interview and that the post she was serving was of regular
and perennial in nature. She continuously worked with the Management for about five years w.e.f. 5/1/2007 till
4/1/2012. Even if it assumed for the sake of arguments that the claimant happened to be on unauthorized absence from
duty for 49 days in the year 2011, in that eventuality it was moral and legal duty of the Management to issue proper
charge sheet and to hold disciplinary/domestic enquiry prior to inflicting punishment of termination from service. MW1
Adarsh Kumar – sole witness examined by the Management has admitted that no enquiry was conducted before
terminating the claimant but he volunteered that it was not required because the claimant was a long term contract
employee. It is fairly settled that if the termination of an employee is based on no inquiry, no charge-sheet and not by
way of punishment, then it becomes a case of illegal retrenchment. As such, this Tribunal is of the considered view that
action of the Management in disengaging/terminating the services of the claimant herein amounts to retrenchment.
15.
I may mention that provisions of Section 25-F of the Act which provides for conditions precedent to
retrenchment of workmen, are absolute and inexorable and it reads as under :-
“25-F : Conditions precedent to retrenchment of workmen –
No workman employed in any industry who has been in continuous service for not less than one year under an
employer shall be retrenched by that employer until –
(a)
The workman has been given one month’s notice in writing indicating the reasons for retrenchment and
the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the
period of the notice;
(b)
The workman has been paid, at the time of retrenchment, compensation which shall be equivalent to
fifteen days’ average pay for every completed years of continuous service or any part thereof in excess of
six months; and
(c)
Notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette.”
The above provision makes it clear that the employer is required to give notice to the appropriate Government apart-from
giving one month’s notice in writing or one month’s wages in lieu of the notice and payment of retrenchment
compensation to the concerned workman. MW1 Adarsh Kumar – witness of the Management has admitted that no
retrenchment compensation was paid to the claimant. There is also nothing on record to show that any notice was issued
by the Management prior to termination of the claimant herein. As such, the Management has violated the provisions of
Section 25-F of the Act.
16.
There is long line of decisions of Hon’ble Apex Court as well as of various High Courts that provisions of
Section 25-F of the Act are mandatory in nature and termination of the workman from services in derogation of the
provisions of Section 25-F of the Act will render action of the Management Bank to be illegal and void under the law.
17.
Since there is no evidence on record that any valid notice was issued by the Management to the workman at the
time of termination or in lieu of such notice, any compensation was paid to her, as such action of the Management in
terminating the services of the workman w.e.f. 25/1/2012 is held to be illegal and void.
18.
Now the residual question is whether the claimant/work is entitled to any incidental relief of payment of back
wages and/or reinstatement of service with full back wages. It is proved on record that claimant was continuously in the
employment of the Management since 05/01/2007. There is no show cause notice or charge-sheet issued to the
claimant/workman by the Management. Moreover, the job of the workman is of perennial and regular nature which fact
is also admitted by the witness of the Management MW1. The claimant has pleaded and testified that she is totally
unemployed since her termination i.e. 25/1/2012.
19.
The Hon’ble Apex Court in case “Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya”
reported as (2013) 10 SCC 324 has held as under :
“The propositions which can be culled out from the aforementioned judgments are :
(i)
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is
the normal rule.
(ii)
Ordinarily, an employee or workman whose services are terminated and who is desirous of getting
back wages is required to either plead or at least make a statement before the adjudicating authority or
the Court of first instance that he/she was not gainfully employed or was employed on lesser wages. If
the employer wants to avoid payment of full back wages, then I has to plead and also lead cogent
evidence to prove that the employee/workman wads gainfully employed and was getting wages equal
to the wages he/she wads drawing prior to the termination of service. This is so because it is settled law
that the burden of proof of the existence of a particular fact lies on the person who makes a positive
averments about its existence. It is always easier to prove a positive fact than to prove a negative fact.
Therefore, once the employee shows that he was employed, the onus lies on the employer to
specifically plead and prove that the employee was gainfully employed and was getting the same or
substantially similar emoluments.”
20.
The Hon’ble Apex Court also held that different expressions are used for describing the consequence of
termination of a workman’s service/employment/engagement by way of retrenchment without complying with the
¹Hkkx IIµ[k.M 3(ii)º
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1061
mandate of Section 25-F of the Act. Sometimes it has been termed as ab initio void, sometimes as illegal per se,
sometime as nullity and sometimes as non est. Leaving aside the legal semantics, we have no hesitation to hold that
termination of service of an employee by way of retrenchment without complying with the requirement of giving one
month’s notice or pay in lieu thereof and compensation in terms of Section 25F (a) and (b) has the effect of rendering the
action of the employer and nullity and the employee is entitled to continue in employment as if his service was not
terminated. (Anoop Sharma Vs. Executive Engineer, Public Health Division No.1 Panipat (2010) 5 SCC 497).
21.
A Bench of three Judges of the Hon’ble Supreme Court in the case of Hindustan Tin Works Private Limited v.
Employees of Hindustan Tin Works Private Limited (1979) 2 SCC 80 held that relief of reinstatement with continuity of
service can be granted where termination of service is found to be invalid. It would mean that the employer has taken
away illegally the right to work of the workman contrary to the relevant law or in breach of contract and simultaneously
deprived the workman of his earnings. If thus the act of employer is found to be totally illegal and arbitrary, in that
eventuality the workman is required to be reinstated, with full back wages. Plain common sense also dictates that the
removal of an order terminating the services of workmen must ordinarily lead to the reinstatement of the services of the
workmen alongwith payment of back wages.
22.
However, Hon’ble Apex Court in the case of General Manager, Haryana Roadways Vs. Rudan Singh,
reported as 2005 SCC (L&S) 716 observed as under :-
“8. There is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the
termination of service was in violation of Section 25-F of the Act, entire back wages should be awarded. A host
of factors like the manner and method of selection and appointment i.e. whether after proper advertisement of
the vacancy or inviting applications from the employment exchange, nature of appointment namely, whether ad
hoc, short term, daily wage, temporary or permanent in character, any special qualification required for the job
and the like should be weighed and balanced in taking a decision regarding award of back wages. One of the
important factors which has to be taken into consideration is the length of service, which the workman had
rendered with the employer. If the workman has rendered a considerable period of service and his services
are wrongfully terminated, he may be awarded full or partial back wages keeping in view the fact that at this
age and the qualification possessed by him he may not be in a position to get another employment.
However, where the total length of service rendered by a workman is very small, the award of back wages for
the complete period i.e. from the date of termination till the date of the award, which our experience shows is
often quite large, would be wholly inappropriate. A regular service of permanent character cannot be
compared to short or intermittent daily wage employment though it may be for 240 days in a calendar year.”
23.
Yet in another latest case of Bholanath Lal and others Vs. Shree Om Enterprises (P) Ltd.,
Manu/DE/1922/2018 (decided on 10/5/2018), Hon’ble High Court of Delhi while considering the question of illegal
termination and reinstatement held as under :-
“The cases in which the competent court or tribunal finds that the employer has acted in gross violation of the
statutory provisions and/or the principles of natural justice or is guilty of victimizing the employee or workman,
then the court or tribunal concerned will be fully justified in directing payment of full back wages. In such
cases, the superior courts should not exercise power under Article 226 or 136 of the Constitution and interfere
with the award passed by the Labour Court, etc. merely because there is a possibility of forming a different
opinion on the entitlement of the employee/workman to get full back wages or the employer’s obligation to pay
the same The courts must always keep in view that that in the cases of wrongful/illegal termination of service,
the wrongdoer is the employer and the sufferer is the employee./workman and there is no justification to give a
premium to the employer of his wrongdoings by relieving him of the burden to pay to the employee/ workman
his dues in the form of full back wages.”
A similar view has been taken in the case of Delhi Jal Board Vs. Vimal Kumar (decided on 5-4-2018)
MANU/de/1322/2018 wherein service of a casual driver was terminated without any notice or payment of one month’s
salary in lieu of such notice. The Industrial Tribunal answering the reference held the action of the management to be
illegal and in violation of Section 25-F of the Act. The Award was upheld by Hon’ble High Court of Delhi by observing
as under :-
“In view of the above discussion, I am unable to discern any illegality or infirmity in the impugned Award,
dated 29th May, 2003, of the Labour Court, to the extent that it holds the termination of the services of the
respondent, by the petitioner, to be illegal and unlawful. I am entirely in agreement with the finding, of the
Labour Court, that the services of the respondent were retrenched in violation of Section 25-F of the ID Act and
that, therefore, he was entitled to be reinstated in service with all consequential benefits. In view of the fact that
going by the age of the respondent as disclosed in the counter affidavit filed before this Court, he would, today,
be only 50 years of age, and also in view of the fact that the termination of his services as SCM Driver was not
on account of any deficiency or shortcoming detected in the manner of discharge by the respondent, of his
duties as such, I am of the opinion, that the facts of the present case, do not warrant any interference with the
direction, of the Labour Court, to the petitioner to reinstate the respondent in service with the benefit of
continuity of service. The petitioner is, therefore, directed to reinstate the respondent in service forthwith.
Inasmuch as the respondent has not been rendering any service to the petitioner since the date of his
termination, however, the back wages payable to the respondent would be limited to 50 per cent of the wages
which he would have drawn he had continued to serve the petitioner…..”
1062
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
24.
Having regard to the legal position as discussed above and the fact that the claimant was performing duty to a
post of regular and perennial nature, this Tribunal is of the firm view that the claimant herein is entitled for
reinstatement into service on the same post, with 60 per cent back wages, iinasmuch as termination of the
claimant/workman is per-se illegal and the claimant/workman is not gainfully employed anywhere since after her
termination by the Management. Award is passed accordingly.
Date : 12.02.2019
AVTAR CHAND DOGRA, Presiding Officer
नई दली, 22 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 347
347
347
347.Ñरापित जी ी पुणदु कुमार ीवातव, सेवािनवृत अितर िज़ला एवं स! यायधीश,
िच!कूट (उ. (.) को दनांक 15.01.2019 (पूवा,-न) से क./ीय सरकारी औ1ोिगक 34यूनल-कम-लेबर कोट, जबलपुर
म. पी अिधकारी के 6प म., जबतक क वह 65 वष, आयु (ा< न कर ल. अथा,त दनांक 06.12.2022 तक या
अगले आदेश> तक, जो पहले हो, िनयु करते ह?।
2.
ी पुणदु कुमार ीवातव कA पी अिधकारी, सीजीआईटी-सह-एलसी के 6प म. िनयुि “34यूनल,
एBपीलेट 34यूनल एवं अदर औथोरीटीज (सदय> कA योCयता, अनुभव तथा सेवा कA अय शत) िनयम, 2017 के
अनुसार िविनयिमत होगी तथा यह 2017 के ड4यूपी (सी) सं. 279 के अंितम परणाम पर एवं भारत सरकार के
माननीय सवLM यायालय के समN लंिबत अय संबिधत यािचकाO पर िनभ,र करेगी।
[सं. ए-19011/01/2019-सीएलएस-II]
संजीव नंदा, अवर सिचव
New Delhi, the 22nd February, 2019
S.O. 347.—The President of India is pleased to appoint Shri Purnendu Kumar Srivastava, Retd. Additional
District & Sessions Judge, Chitrakoot(UP) as Presiding Officer in Central Government Industrial Tribunal-cum-Labour
Court, Jabalpur w.e.f. 15.01.2019 (Forenoon) till he attains the age of 65 years i.e., up to 06.12.2022 or until further
orders, whichever is earlier.
2.
The appointment of Shri Purnendu Kumar Srivastava as Presiding Officer, CGIT-cum-LC shall be regulated in
terms of “Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service
of Members) Rules, 2017, and would be subject to final outcome of the WP(C) No. 279 of 2017 and other connected
petitions pending before the Hon’ble Supreme Court of India.
[No. A-19011/01/2019-CLS-II]
SANJEEV NANDA, Under Secy.
नई दली, 22 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 348
348
348
348.Ñरापित जी, यायधीश (सेवािनवृत) रPाकला को दनांक 24.01.2019 (पूवा,हन) से क./ीय
सरकारी औ1ोिगक 34यूनल-कम-लेबर कोट, ब?गलोर म. पी अिधकारी के 6प म., जबतक क वह 65 वष,
आयु (ा< न कर ल. अथा,त दनांक 26.01.2021 तक या अगले आदेश> तक, जो पहले हो, िनयु करते ह?।
2.
यायधीश (सेवािनवृत) रPाकला कA पी अिधकारी, सीजीआईटी-सह-एलसी के 6प म. िनयुि
“34यूनल, एBपीलेट 34यूनल एवं अदर औथोरीटीज (सदय> कA योCयता, अनुभव तथा सेवा कA अय शत) िनयम,
2017 के अनुसार िविनयिमत होगी तथा यह 2017 के ड4यूपी (सी) सं. 279 के अंितम परणाम पर एवं भारत सरकार
के माननीय सवLM यायालय के समN लंिबत अय संबिधत यािचकाO पर िनभ,र करेगी।
[सं. ए-19011/02/2019-सीएलएस-II]
संजीव नंदा, अवर सिचव
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1063
New Delhi, the 22nd February, 2019
S.O. 348.—The President of India is pleased to appoint Justice(Retd.) Rathnakala as Presiding Officer in
Central Government Industrial Tribunal-cum-Labour Court, Bangalore w.e.f. 24.01.2019 (Forenoon) till she attains the
age of 65 years i.e., up to 26.01.2021 or until further orders, whichever is earlier.
2.
The appointment of Justice(Retd.) Rathnakala as Presiding Officer, CGIT-cum-LC shall be regulated in terms
of “Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of
Members) Rules, 2017, and would be subject to final outcome of the WP(C) No. 279 of 2017 and other connected
petitions pending before the Hon’ble Supreme Court of India.
[No. A-19011/02/2019-CLS-II]
SANJEEV NANDA, Under Secy.
नई दली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 349
349
349
349.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? 5ी सीमAट िलिमटेड के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक िववाद मA
औोिगक अिधकरण/5म 2यायालय, अजमेर के पंचाट (संदभ? संVया 05/2016) को (कािशत करती है जो के23ीय सरकार को
20.02.2019 को (ा 0आ था।
[सं. जेड-16025/4/2019-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 349.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 05/2016) of the Industrial Tribunal/Labour Court, Ajmer now as
shown in the Annexure in the Industrial Dispute between the employers in relation to the management of M/s. Shree
Cement Limited and their workman, which was received by the Central Government on 20.02.2019.
[No. Z-16025/4/2019-IR(M)]
D.K. HIMANSHU, Under Secy.
vuqca/k
Je U;k;ky; ,oa vkS
Je U;k;ky; ,oa vkS
Je U;k;ky; ,oa vkS
Je U;k;ky; ,oa vkS|ksfxd U;k;kf/kdj.k] vtesj ¼jkt
|ksfxd U;k;kf/kdj.k] vtesj ¼jkt
|ksfxd U;k;kf/kdj.k] vtesj ¼jkt
|ksfxd U;k;kf/kdj.k] vtesj ¼jkt-½
ihBkl
ihBkl
ihBkl
ihBklhu vf/kdkjh&Jh ,l
hu vf/kdkjh&Jh ,l
hu vf/kdkjh&Jh ,l
hu vf/kdkjh&Jh ,l-,u
,u
,u
,u- Vsyj ] vkj
Vsyj ] vkj
Vsyj ] vkj
Vsyj ] vkj-,p
,p
,p
,p-tstststs-,l
,l
,l
,l
izdj.k la[;k lhvkbZVhvkj ua- 05@2016
lh vkbZ ,l ua- 03@16
Jh f'koizlkn iq= Jh iUukyky tkfr jsxj fuoklh 638]
ekuxat ekSgYyk] C;koj ftyk vtesj ¼jkt-½
---izkFkhZ
cuke
cuke
cuke
cuke
1.
Jh iadt vxzoky] egkizca/kd] Jh lhesaV fyfeVsM] ekbZUl jkl] rglhy tSrkj.k ftyk ikyh]
2.
Jh eukst esgyk] lhfu;j okbZl izslhMsaV] Jh lhesaV fyfeVsM] bZdkbZ jkl rglhy tSrkj.k ftyk
ikyh]
3.
Jh lat; esgrk] lhfu;j okbZl izslhMsaV] Jh lhesaV fyfeVsM] ckaxMuxj] C;koj ftyk vtesj ¼jkt-½]
4.
Jh lqjs'kpan lqFkkj] lhfu;j okbZl izslhMasaV]
Jh lhesaV fyfeVsM] ckaxMuxj] C;koj ftyk vtesj
---vizkFkhZx.k
1064
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
mifLFkfr
mifLFkfr
mifLFkfr
mifLFkfr
izkFkhZ dh vksj ls % Jh ,y ,l jkBkSM] vf/koDrk
vizkFkhZ dh vksj ls % Jh vkj-ds- tSu ¼vf/koDrk½ izfrfuf/k
vokMZ
vokMZ
vokMZ
vokMZ
fnukad 16-01-2019
izkFkhZ }kjk vizkFkhZx.k ds fo:} viuk LVsVesaV vkWQ Dyse varZxr /kkjk 2 , vkS|ksfxd fookn vf/kfu;e
1947 fnukad 17-11-2016 dks izLrqr dj mlesa vfHkopu fd, x, gS fd mls iwoZ dk;Zdkjh funs'kd Jh ,e
ds fla?kh Jh lheasV fy0 ;wfuV&3] ckaxM uxj] C;koj }kjk fnukad 30-10-2006 dks nks o"kZ ds fy, ds fy,
Vªsuh vkWijsVj ds in ij fu;qfDr iznku dh xbZA izkFkhZ dks fnukad 07-10-2007 dks fu;qfDr i= dks fn;k
x;kA fnukad 01-05-2010 ls dEiuh izca/ku us izkFkhZ dh dEiuh easa VsDuhf'k;u ekbZUl ds in ij fu;qfDr
duQeZ djrs gq, duQjes'ku ysVj fnukad 14-05-2010 dks tkjh fd;k x;k rFkk izkFkhZ dk dk;ZLFky Jh
lhesaV fyfeVsM] bZdkbZ jkl ftyk ikyh j[kk x;kA izkFkhZ dks dEiuh esa fu;qfDr ds i'pkr yxkrkj 8 ?k.Vs
o mlls vf/kd MEij ¼gkWyisd½ vkWijsVj ds :i esa dk;Z djus ls izkFkhZ dks iFkjh o ikbZYl dh xaHkhj chekjh
gks xbZA ftldh tkudkjh izkFkhZ us izca/ku dks fpfdRld dh ijke'kZ o bZykt ifpZ;ksa ds lkFk lkFk le; ij
nh] lkFk gh bZyktjr jgrs esfMdy vodk'k ds izkFkZuki= Hkh dEiuh izca/ku dks fn,A ftUgs dEiuh us
Lohdkj fd;k vFkok ugha bldh dksbZ tkudkjh izkFkhZ dks ugha nh xbZA mDr chekfj;ksa dh otg ls izkFkhZ dk
ve`rdkSj fpfdRlky;] C;koj o vk;qosZn fpfdRlky;] C;koj esa bZykt gqvk vkSj vkt Hkh bZyktjr gSA
dEiuh izca/ku us fnukad 10-02-2016 ls izkFkhZ dk dEiuh esa dk;Z ij vkus tkus dk xsV can djok fn;k rFkk
fnukad 29-03-2016 ls eq> izkFkhZ dks fcuk fdlh iwoZ lwpuk ds eLVj jksy ls uke dkV fn;kA dEiuh us
vius i= fnukad 23-03-2016 ls izkFkhZ dks LFkkukUrj.k dh lwpuk nsuk crk;kA izkFkhZ dks og i= vkt fnukad
rd izkIr ugha gqvkA izkFkhZ dh tkudkjh ds fcuk mldk LFkkukUrj.k jk;iqj ¼NRrhlx<½ dj fn;kA
LFkkukUrj.k dh tkudkjh izkFkhZ dks fn, x, i= fnukad 29-03-2016 ls gqbZ ftlesa izkFkhZ dks lsoki`Fkd dj
fn;k x;kA dEiuh izca/ku us vius ftl i= fnukad 09-03-2016 ls izkFkhZ dh vuqifLFkfr dk gokyk fn;kA
ml oDr izkFkhZ iFkjh dh xaHkhj chekjh ls rMi jgk Fkk rFkk bZyktjr FkkA ftlds fy, izkFkhZ us vkosnu i=
Hkh NqfV~V;ksa ds fy, izLrqr fd,A ftls dEiuh izca/ku us Lohdkj Hkh dj fy, exj ckn esa nqHkkZouko'k
lsoki`Fkd dj fn;kA vizkFkhZ dEiuh esa eq> izkFkhZ dk fu;fer fu;kstu gS exj vkS/kksfxd fookn vf/kfu;e
ds vkns'kkRed izko/kkuksa dh ikyuk ugha dj izkFkhZ dks fof/k fo:} rjhds ls lsoki`Fkd dj fn;kA lsoki`Fkd
djus ls iwoZ uk rks mlds fo:} tkap gh djokbZ xbZ vkSj uk gh Li"Vhdj.k ekaxk vkSj uk gh xokg lcwr
is'k djus dk volj fn;kA izkFkhZ us lgk;d Je vk;qDr] dsUnzh; Je foHkkx] vtesj ds le{k le>kSrk
okrkZ gsrq fookn izLrqr fd;kA exj vizkFkhZx.k ds ogka ij tokc ugha nsus vkSj vuqifLFkr jgus ij dsUnzh;
Je vk;qDr] vtesj us izek.k i= tkjh dj Je U;k;ky; ,oa vkS/kksfxd U;k;kf/kdj.k] vtesj ds le{k
izdj.k nk;j djus dk lq>ko fn;kA var esa izkFkZuk dh xbZ gS fd fu;ekuqlkj dk;Zokgh dh tkosA
2- vizkFkhZx.k dh vksj tokc izLrqr dj mldks enokj vLohdkj djrs gq, vfHkopu fd, gS fd izkFkhZ Jh
lhesaV jkl bZdkbZ ,oa mlls lacaf/kr [kku esa dk;Zjr jgkA mDr bZdkbZ rglhy tSrkj.k ftyk ikyh esa fLFkr
gS tks fd tks/kiqj fMohtu ds v/khu gSA lqyg vf/kdkjh ,oa lgk;d Je vk;qDr] dsUnzh;] vtesj us /kkjk
2&, rgr mDr fookn dks bl U;k;ky; esa izLrqr djus dh dkuwuh Hkwy dh gSA mDr fookn ikyh ftys ls
lacaf/kr gksus ls bl izdj.k dh lquokbZ ckcr {ks=kf/kdkj ugha gSA izkFkhZ }kjk mBk;s x, dfFkr fookn tks/kiqj
esa fLFkr Je U;k;ky; ,oa vkS/kksfxd U;k;kf/kdj.k] tks/kiqj }kjk gh fu.khZr fd;k tk ldrk gS tgka mldk
{ks=kf/kdkj gSA dsUnzh; ljdkj }kjk Je U;k;ky; ,oa vkS/kksfxd U;k;kf/kdj.k] t;iqj dh LFkkiuk dbZ o"kksZ
iwoZ dh tk pqdh gS ftls lEiw.kZ jktLFkku dk {ks=kf/kdkj gSA vr% lqyg vf/kdkjh ,oa lgk;d Je vk;qDr]
vtesj }kjk dfFkr fookn dks mDr U;k;kf/kdj.k ds lEeq[k gh Hkstk tkuk U;k;ksfpr gSA dEiuh dh vuq'ka"kk
ij vizkFkhZ dEiuh ds jkl bZdkbZ ls lacaf/kr ekbZUl esa dk;Zjr Jh vt;flag fllksfn;k] Jh f'koizlkn ,oa
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1065
Jh j.kohjflag xqtZj dks vizkFkhZ ds dk;kZy; vkns'k fnukad 06-02-2016 ds tfj;s rqjar izHkko ls jk;iqj
LFkkukUrfjr dj fn;k x;kA vizkFkhZ dEiuh ds jk;iqj ekbZUl ds mDr vf/kdkjh }kjk fnukad 17-03-2016 dks
jkl fLFkr ekbZUl ds ofj"B egkizca/kd dks ,d i= fy[kk x;k ftlds }kjk mUgksus tkudkjh nh fd ftu 3
O;fDr;ksa dks LFkkukUrfjr fd;k x;k Fkk mlesa flQZ Jh j.kohjflag xqtZj }kjk gh LFkkukUrfjr LFkku ij
mifLFkfr nh xbZA mDr i= dh izkfIr ds i'pkr vizkFkhZ dEiuh ds i= fnukad 23-03-2016 }kjk Jh
f'koizlkn dks lwfpr fd;k x;k fd muds }kjk LFkkukUrfjr LFkku ij mifLFkfr ugha nh xbZ rFkk os fnukad
09-02-2016 ls yxkrkj vuqifLFkr py jgs gSA mDr i= }kjk izkFkhZ dks iqu% fgnk;r nh xbZ fd os 48 ?k.Vs
ds Hkhrj jk;iqj esas mifLFkr ntZ djk;sa ,oa vuqifLFkfr ds laca/k esa mfpr Li"Vhdj.k nsosaA izkFkhZ }kjk mDr
i= ds ckotwn jk;iqj fLFkr bZdkbZ esa dk;Zxzg.k ugha fd;kA ftlds pyrs ;g eku fy;k x;k fd og dk;Z
djus dks bPNqd gh ugha gSaA izkFkhZ vknru :i ls fcuk vodk'k Lohd`r djk; vuqifLFkr jgus dk vkfn gS
,oa o"kZ 2011&12 ls ysdj 2015&16 rd 441 fnu vukf/kd`r :i ls vuqifLFkr jgk gSA iFkjh vkSj ikbZYl
dksbZ O;kolkf;d chekjh ugh gSA izkFkhZ }kjk chekj jgus ds laca/k esa dksbZ lwpuk vizkFkhZ dEiuh dks ugha nhA
vizkFkhZ }kjk vkS/kksfxd fookn vf/kfu;e dh fdlh Hkh /kkjk dk mYya?ku ugha fd;k x;k gSA lgk;d Je
vk;qDr ds le{k vizkFkhZ }kjk vius i= fnukad 07-06-2016 ds tfj;s foLr`r fVIi.kh izLrqr dh xbZ FkhA
ftl ij xkSj fd, fcuk gh mDr vf/kdkjh }kjk izek.k i= tkjh dj fn;k x;k ,oa mldk laKku ekuuh;
U;k;ky; }kjk ugha fy;k tk ldrk gSA var esa muds }kjk lqyg vf/kdkjh ,oa lgk;d Je vk;qDr] vtesj
}kjk vkS/kksfxd fookn vf/kfu;e 1947 dh /kkjk 2&, ds rgr tkjh izek.k i= fnukad 21-09-2016 ij dksbZ
dk;Zokgh djus dk {ks=kf/kdkj ugha gksus ,oa izkFkhZ Hkh jkgr dks ikus dk vf/kdkjh ugh gksus dk dFku djrs
gq, LVsVesaV vkWQ Dyse [kkfjt fd, tkus dh izkFkZuk dh gSA
3.
mHk; i{kdkjku ds vfHkopuksa ,oa miyC/k lkexzh ds e/; utj fnukad 21-03-2017 dks U;k;ky;
}kjk fuEukafdr fookn fcUnq fojfpr fd, x,%&
1-
vk;k vizkFkhZ }kjk izkFkhZ dh lsoklekfIr ckcr ikfjr vkns'k fnukad 29-03-2016 vuqfpr vkSj
voS/k gS\
2-
vk;k fd dfFkr fookn ikyh ftys ls lacaf/kr gksus ls bl U;k;kf/kdj.k dks lquokbZ ckcr
vf/kdkfjrk izkIr ugha gS \
3-
vk;k izkFkhZ osru HkRrksa o ifjykHk lfgr iwoZjr fujarjrk esa lsok esa cgky fd, tkus dk
vf/kdkjh gS\
4-
vuqrks"k\
4.
bl U;k;ky; }kjk fook|d la- 2 dks izkFkfed fook|d ds rkSj ij vkns'k fn- 29-6-2017 }kjk
vizkFkhZx.k ds fo:) ,oa izkFkhZ ds i{k esa r; fd;k x;k gS A
5-
rRi'pkr~ izkFkhZ us viuh ekSf[kd lk{; esa , Mc-1 f'koizlkn Lo;a dks ijhf{kr djok;k ,oa izys[kh;
lk{; esa izn'kZ Mc-1 yxk;r ih Mc- 32 nLrkost QksVks izfr;ksa esa iznf'kZr djok;h x;h gS A vizkFkhZx.k us
viuh ekSf[kd lk{; esa ,u , Mc-1 iadt vxzoky] ,u , Mc-2 ds lh 'kekZ] ,u , Mc-3 iq"isanz dqekj
Hkkj}kt dks ijhf{kr djok;k tkdj izys[kh; lk{; esa izn'kZ ,e&1 yxk;r ,e&12 nLrkost QksVks izfr;ksa esa
iznf'kZr djok;s x;s gS A
1066
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
6. cgl vafre lquh x;h A izkFkhZ dh vksj ls mlds LVsVesaV vkWQ Dyse ds nksgjko ds lkFk rdZ jgs gS
fd vizkFkhZ laLFkku }kjk izkFkhZ dh fu;qfDr dk dk;Z LFky izn'kZ Mc-2 fu;qfDr i= esa ugha crk;k A
izkFkhZ ls foijhr ifjfLFkfr;ksa esa dk;Z fy;k tkrk Fkk ftu foijhr ifjfLFkfr;ksa dks vizkFkhZ laLFkku
dh tkudkjh esa ekSf[kd rkSj ij dbZ ckj yk;k fdarq vizkFkhZ laLFkku }kjk dksbZ dk;Zokghs ugh dh
x;h A vizkFkhZ laLFkku ds vf/kdkjh izkFkhZ ls nqHkkZouk j[kus yxs vkSj izkFkhZ dk rFkkdfFkr Vz~kalQj
vizkFkhZ laLFkku }kjk vius dkxtksa esa gh dj fn;k x;k tcfd ,slk dksbZ LFkkukarj.k i= vFkok
vkns'k izkFkhZ dks u rks fn;k x;k u gh lwpuk nh x;h o vizkFkhZ laLFkku }kjk [kqn rd gh lhfer
j[kk x;k tks vizkFkhZ laLFkku dh nqHkkZouk dks Li"V :i ls izdV djrk gS A izkFkhZ ds LFkkukarj.k dh
dk;Zokgh nqHkkZouk iwoZd jgh gS A izkFkhZ us Mk;jsDVj tujy vkWQ ekbal lsQ~Vh dks Hkh foijhr
ifjfLFkfr;ksa dh f'kdk;r dh Fkh ftl dkj.k vizkFkhZ laLFkku ds fo:) tkap gqbZ ftldh tkap
fjiksVZ izn'kZ Mc-27 i=koyh ij gS A izn'kZ ,e&1 ls ,e&5 esa ntZ mifLFkfr;ka vizkFkhZ laLFkku ds
tokc ,oa , Mc-1 dh iadt vxzoky dh eq[; ijh{kk ds 'kiFk i= ls fHkUu gS A tokc esa izkFkhZ dhs
mifLFkfr;ka 441 fnu crk;h x;h gS tcfd ,u , Mc-1 iadt vxzoky dh eq[; ijh{kk ds 'kiFk i=
esa 513 fnu A ;fn bruh vuqifLFkfr;ka vizkf/kd`r rkSj ij gksrh rks izkFkhZ ls dHkh rks Li"Vhdj.k
pkgk tkrk o dksbZ rks pktZ'khV izkFkhZ dks nh tkrh ftudk i=koyh ij ugha gksuk vizkFkhZ laLFkku
dh >wB dk |ksrd gS A Lo;a vizkFkhZ lk{kh , Mc-3 iq"isanz bl laca/k esa pktZ'khV ugha fn;s tkus dh
vKkurk crkrk gS A izn'kZ ,e&6 o 7 ls izkFkhZ dk dksbZ ysuk&nsuk ugh gS A izn'kZ ,e&7 dh lwpuk
izkFkhZ dks fdlh rjhds ls ugh nh x;h u gh ;g VªkalQj vkWMZj yxkrk gS bldk eksM vkWQ fMyhojh
D;k gS ;g Li"V ugha gS A bldh dksbZ jlhn ikorh ;k Mkd jlhn Hkh ugha gS A izkFkhZ ds lsok
i`FkDdj.k ls igys izkFkhZ ls dksbZ Li"Vhdj.k ugha fy;k x;k A izn'kZ Mc-31 dh jlhn ;k ikorh Hkh
i=koyh ij ugha gS A bldh fnukad ls ysdj nks fnu rd ljdkjh NqV~Vh Fkh A Mkd tkjh gh ugh
gks ldrh Fkh fQj Hkh blesa vMrkyhl ?kaVs dk gh VkbZe vafdr gS A izn'kZ Mc-32 esa izkFkhZ dks fn-
9-3-16 ls vuqifLFkr crk;k gS tcfd fdlh vU; nLrkost esa ,slk ugha gS vuqifLFkfr ds ckjs esa
dksbZ pktZ'khV fn;k tkuk ;k izkFkhZ ls dkbZ Li"Vhdj.k pkguk Hkh dgha izdV ugh gksrk gS A izkFkhZ
chekj jgk Fkk bl laca/k esa izkFkhZ us i=koyh ij izpwj ek=k esa nLrkost is'k fd;s gSa ftudk fdlh
rjg ls [kaMu ugha gS A izkFkhZ us NqV~Vh ds izkFkZuk i= Hkh fn;s Fks tks izn'kZ Mc-24 o 25 gS A chekjh
ds nLrkost izn'kZ Mc-6 ls 23 gS A bu nLrkotksa ds ckjs esa vizkFkhZ lk{kh iadt vxzoky dh badkjh
ugha gS tks fd izkFkhZ dk bfefM,V ckWl Fkk A mlus rks izkFkhZ us izn'kZ Mc-24 o 25 izkFkZuk i= fn;k
gks rks tkudkjh ugha gksuk gh crk;k gS rFkk izkFkhZ dh lsok i`FkDdj.k ls iwoZ uksfVl tkap vkfn dh
Hkh tkudkjh ugha gksuk ntZ djok;k gS A izkFkhZ ls ch bZ ,e ,y Maij ij dk;Z fy;k tkrk Fkk
ftldh dSisflVh ipkl Vu Fkh fQj Hkh mlesa iSalB Vu eky ynok;k tkrk Fkk A ftl ckcr~
i=koyh ij lk{; miyc/k gS A vizkFkhZ lk{kh ,u , Mc-2 ds lh 'kekZ vizkFkhZ laLFkku dh fdlh
rjg ls enn ugha djrk gS A vizkFkhZ lk{kh ,u , Mc-3 iq"isanz Hkkj}kt us izkFkhZ }kjk j[ks x;s rF;ksa
esa gh vf/kdrj dks Lohdkj fd;k gS A ;g izn'kZ Mc-31 dks Mkd ls tkjh djuk crkrk gS o Mkd
jlhn i=koyh ij D;ksa ugha gS A izn'kZ Mc-24 o 25 ls izkFkhZ }kjk NqV~Vh ysus ls Hkh badkjh ugha
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1067
djrk gS A izkFkhZ dks vkjksi i= fn;s tkus o izkFkhZ ls Li"Vhdj.k pkgus ds laca/k esa Hkh euk djrk gS
izkFkhZ ds ekeys esa vizkFkhZ laLFkku }kjk /kkjk 25 ,Q dh iykuk ugh dh x;h gS D;ksafd u rks izkFkhZ
dks uksfVl fn;k x;k u gh dksbZ fjVz~sapesaV HkRrk fn;k x;k izkFkhZ ls dksbZ Li"Vhdj.k bR;kfn Hkh ugh
fy;k x;k u tkap dh x;h vizkFkhZx.k }kjk izkFkhZ dh dh x;h lsokeqfDr xyr o voS/k gS rFkk izkFkhZ
iw.kZ osru ifjykHk lfgr lsok esa iquZLFkkiuk dk vf/kdkjh gS A var esa izkFkhZ dk LVsVesaV vkWQ Dyse
Lohdkj fd;k tkrs gq, mDr vuqrks"k fn;s tkus dhs izkFkZuk dh x;h gS A
7. [kaMu esa fo}ku vf/koDrk vizkFkhZx.k ds rdZ jgs gS fd izkFkhZ dh fu;qfDr o mlds i'pkr~ mldk
fuEcsVh ekbu esa dk;Z djuk fuZfookn gS A ykbe LVksu gYdk iRFkj gksrk gS ftldks fxjus ls cpkus
ds fy, Maij dk Mkyk mapk fd;k tkrk gS rFkk ;g fdlh fue;ksa dk mYay?ku ughs gS A Mk;jsDVj
tujy vkWQ ekbal lsQ~Vh }kjk tkap djds tks lwpuk vizkFkhZ laLFkku dks nh x;h Fkh bl laca/k esa
vizkFkhZ laLFkku }kjk viuk Li"Vhdj.k izLrqr dj fn;k x;k Fkk ;fn vizkFkhZ us blls lacaf/kr fdlh
fu;eksa dh vogsyuk dh gS rks og fu;ekuqlkj dk;Zokgh dk vf/kdkjh gS A fdarq gLrxr izdj.k esa
izkFkhZ bldk dksbZ Qk;nk ugha ys ldrk gS A izkFkhZ ds vykok dksbZ O;fDr chekj gqvk gks ;k mldh
chekjh gqbZ gks ,sls u rks izkFkhZ ds dksbZ vfHkopu gS u gh dkbZ uke ek= dh lk{; i=koyh ij gS A
tcfd izkFkhZ ds lkFk dbZ O;fDr;ksa dk dk;Z djuk Lo;a izkFkhZ dk Lohd`r rF; gS A izkFkhZ ds iFkjh
gksuk ;k mlds ikbYl gksuk fdlh Hkh izdkj ls mlds dk;Z ls lacaf/kr ugh gS ;k mDr chekfj;ka
mDr dk;Z ds dkj.k gqbZ gks] bl ckr dh Hkh i=koyh ij ys'k ek= Hkh lk{; ugh gS A izkFkhZ ds
fu;qfDr i= izn'kZ &2 ds en ua-3 vuqlkj izkFkhZ dk tkWc VzkalQjscy Fkk vkSj VªkalQj vizkFkhZ
eSustesaV dk bugjsaV jkbZV gS A blesa u rks dksbZ nqHkkZouk Fkh vkSj u gh fdlh izdkj ls izkFkhZ fl)
dj ik;k gS A izkFkhZ }kjk vius vfHkopuksa esa lsokeqfDr ds i'pkr~ iFkjh dh ihMk crk;h gS tcfd
og nLrkost ikbYl dh chekjh ds is'k djrk gS ftu chekjh ds nLrkostksa ij Hkh izkFkhZ ds gLrk{kj
ugh gS A ftl dkj.k ls mDr nLrkost u rks fo'oluh; gS u gh izkFkhZ dh dksbZ enn djrs gSA
izn'kZ Mc-24 o 25 dh dksbZ jlhnsa izkFkhZ dh vksj ls is'k ugh dh x;h gS u gh dksbZ lk{; is'k dh
x;h gS fd ;s izkFkZuk i= vizkFkhZ laLFkku dks fn;s x;s A izkFkhZ NqV~Vh ij tkuk vius vfHkopuksa esa
crkrk gS tcfd ,slh dkbZ Lohd`fr dk nLrkost i=koyh ij ugha gS A ek= vizkFkhZ lkf{k;ksa }kjk
tkudkjh ugh gksus ckcr~ fn;s x;s dFkuksa ds vk/kkj ij mDr rF;ksa dks fl) ugh ekuk tk ldrk
gSA izn'kZ Mc-27 tkap fjiksVZ Mh th ,e ,l esa ,slk ugha fy[kk gqvk gS fd ;s izkFkhZ dhs f'kdk;r ij
vk/kfjr gS A bl laca/k esa izn'kZ&,e&11 tokc vizkFkhZ laLFkku }kjk ns fn;k x;k ftl i'pkr~ dksbZ
dk;Zokgh Mh th ,e ,l }kjk vizkFkhZ laLFkku ds fo:) ugha dh x;h A izkFkhZ ds vdsys dk
LFkkukarj.k ugh fd;k x;k Fkk A rhu O;fDr;ksa dk LFkkukarj.k fd;k x;k Fkk A ;g nqHkkohZ drbZ
ugha gks ldrk gS A ;|fi ;s izkFkhZ dks O;fDrxr ugha fn;k x;k gS fdarq Lo;a izkFkhZ }kjk viuh
ftjg dh lk{; esa bldh tkudkjh gksuk crk;k x;k gS A tkudkjh gksus ds ckn Hkh izkFkhZ }kjk
LFkkukarfjr LFkku ij dk;Z ij mifLFkr ugh gksdj yxkrkj vuqifLFkr jguk mlds }kjk lsok dk
vfHkR;tu ekus tkus ;ksX; gS vkSj bl rjg izkFkhZ }kjk oLrqr% lsok dk vfHkR;tu fd;k x;k gS A
vkbZ Mh ,DV dh /kkjk 25 ,Q izdj.k esa ykxw ugha gksrh gS A mDr ifjLFkfr esa fdlh izdkj dh
1068
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
tkap vko';d ugh Fkh vkSj bl dkj.k izkFkhZ dh lsok eqfDr voS/k ugh Bgjk;h tk ldrh gS A izkFkhZ
lsokeqfDr ds i'pkr~ xsuQqy ,aiykW;esaV esa ugh gks] ,slh izkFkhZ dhs IyhfMax Hkh ugh gS u gh bldh
dksbZ lk{; gS A izkFkhZ }kjk rks vius LVsVesaV vkWQ Dyse esa vuqrks"k gh of.kZr ugh fd;k x;k gS
mDr izdkj ;|fi fook|d la-3 cuk;k x;k gSA izkFkhZ fdlh izdkj ds vuqrks"k dk vf/kdkjh ugh gSA
var esa izkFkhZ dk Dyse izkFkZuk i= [kkfjt fd;s tkus dh izkFkZuk dh x;h gS A vius rdksZ ds leFkZu
esa fuEufyf[kr U;kf;d n`"Vkar is'k fd;s x;s gS%&
1-
2004 ,y ,y vkj 1103 dsasnzh; fo|ky; laxBu cuke nkeksnj izlkn ikaMs o vU;]
2-
2007 ,y ,y vkj 390 ';ke lqanj vxzoky cuke eS0 Xyksc fMVSfDVo ,tsalh izk0 fy0 o
vU;]
3-
¼1999½ 1 lqizhe dksVZ dslst 300 fliyk fy0 cuke t;dqekj vkj o vU;]
4-
2001 ,y,y vkj 548 LVsV cSad vkWQ bafM;k cuke vatk;u lkU;ky]
5-
2015 ,y ,y vkj 169 dkaihVsaV flD;qfjVh lfoZlst cuke xouZesaV vkWQ ,u lh Vh vkWQ
nsgyh o vU;]
6-
2018 ,y ,y vkj 933 foykl xuifr ikfVy cuke lq;ksx cSdosy olarnknk vkS|ksfxd
olkgr] lkaxyh o vU;]
7-
2001 ¼2½ lqizhe dksVZ dslst 289 ,Mhlu~l isaV~l ,aM dsfedYl fy- cuke odZeSu fjiztsaVsM
ckb nh lSØsVªh ¼, ih ,aM lh½ vflLVsaV~l ,slksfl,'ku o vU;]
8-
2018 ,y ,y vkj 752 d:ukdj.k cuke Hkkjrh bysDVªksfuDl fy- fjiz-ckbZ bV~l ps;jeSu de
eSusftax Mk;jsDVj o vU;]
9-
2018 ¼2½ lqizhe dksVZ dslst ¼,y ,aM ,l½ 395 ih d:iS;k e`rd Fkzw yhxy fjiztsaVsfVo cuke
tujy eSustj fFk:oYywoj VªkaliksVZ dkjiksjs'ku fy-]
10- 2016 ,y ,y vkj 1244 bathfu;j bu phQ okVj fjlksZlst fMikVZesaV Hkksiky cuke ekugj.k]
11- 2005 ,y ,y vkj 275 dsanzh; fo|ky; laxBu o vU; cuke ,l lh 'kekZ]
12- 2006 ,y ,y vkj 214 ;w ih LVsV czklos;j dkjiks- fy- o vU; cuke mn; ukjk;.k ikaMs]
13- 2018 ,y ,y vkj 727 ,p ih LVsV dkWi-ekdsZfVax ,aM datwelZ QsMjs'ku fy0 cuke uSulq[k]
14- 2015 ,y ,y vkj 160 Hkkouxj E;qfufliy dkjiksjs'ku o vU; cuke tMstk xksoqHkk NkuqHkk
o vU; A
8.
mHk; i{kdkjku dh vksj ls fn, rdksZ rFkk vizkFkhZx.k dh vksj ls izLrqr U;kf;d n`"Vkarksa ds vfHkerksa
rFkk lacaf/kr fof/k dks fopkj esas ysrs gq, i=koyh dk Hkyh Hkkafr ifj'khyu fd;k x;kA
9.
izkFkhZ lk{kh , Mc-1 f'koizlkn }kjk viuh eq[; ijh{kk ds 'kiFk i= esa vius vfHkopukuqlkj gh rF;
ntZ djok;s x;s gS A bl lk{kh }kjk viuh lk{; eas iznf'kZr izn'kZ Mc-1 mldks Vªsfuax vkWijsVj ij
vizkFkhZx.k ds laLFkku Jh lhesaV fy0 }kjk j[ks tkus dk vkWQj ySVj fn- 30-10-07 dh izfr gS A
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1069
izn'kZ Mc-2 mlds fu;qfDr i= fn-7-10-09 dh izfr gS A ftlesa mldh Vªsfuax iwjh gksus ij mls
VSDuhf'k;u ¼ekbal½ ds rkSj ij fu;qDr fd;k x;k gS ftl fu;qfDr i= ds en ua-3 esa of.kZr 'krZ esa
mldk ,d foHkkx ls nwljs foHkkx esa] ,d ;wfuV ls nwljh ;wfuV esa] ,d lkbV ls nwljh lkbV esa]
,d LFkku ls nwljs LFkku dh gksfYMax daiuh ;k ,slkfl,V daiuh ;k flLVj daluZ esa rcknyk fd;s
tkus dh 'krZ mfYyf[kr gSA izn'kZ Mc-3 QkeZ vkWQ vikbaVesaV vkQ dkaihVsaV ilZu dh izfr gS ftlesa
izkFkhZ dks fuacsVh ykbe LVksu ekbal esa fn-26-3-08 dks fu;qDr fd;k tkuk of.kZr gS A izn'kZ Mc-4
izkFkhZ ds daQZes'ku i= fn-14-5-10 dh izfr gS A izn'kZ Mc-5 ,oa izn'kZ Mc-32 izkFkhZ dk uke vizkFkhZ
laLFkku ds eLVj jksy ls gVk nsus dk i= vFkkZr~ VfeZus'ku ySVj fn-29-3-16 dh izfr gS A izn'kZ Mc-
6]7]10]11]12 izkFkhZ ds jksx izek.k i=ksa dh izfr dqy vof/k fn-13-2-16 ls fn-4-4-16 rd ds gS ftuesa
izkFkhZ ds v'kZ 'kwy o jDrk'kZ dh chekjh ls ihfMr gksus dk rF; ntZ gS buesa ls izn'kZ Mc-10
yxk;r Mc-12 izek.k i=ksa ij izkFkhZ ds gLrk{kj ughs gS fdarq izn'kZ Mc-6 o 7 ij gS A izn'kZ Mc-8 o
Mc-9 izkFkhZ dh izSfLØhI'ku iphZ fn-7-3-16 o 22-3-16 dh gS ftlesa izkFkhZ ds jDrk'kZ dhs chekjh crk;h
x;h gS A izn'kZ Mc-13 Hkh fn--14-4-16 dh izkFkhZ dh izSfLØhI'ku iphZ gS A ftlesa mlds nnZ crk;k
x;k gS A izn'kZ Mc-14 izkFkhZ ds fMLpktZ fVdV fn-16-4-16 dh ,oa izn'kZ Mc-16 yxk;r 20 izkFkhZ
dh tkap fjiksVZ fn-14-4-16 dhs gS A izn'kZ Mc-21 yxk;r 23 Hkh izkFkhZ dh izSfLØhI'ku ifpZ;ka
fn- 19-3-16 o 4-4-16 dh gS A izn'kZ Mc-24 ,oa 25 izkFkhZ ds izkFkZuk i= vizkFkhZ laLFku ds [kku
izca/kd dks lacksf/kr gS ftuesa fn-13-2-16 ls fn-13-3-16 ,oa fn-14-3-16 ls 14-4-16 rd izkFkhZ }kjk
chekj o vLoLFk gksus ls lsok;sa nsus esa vleFkZrk O;Dr djrs gq, NqV~Vh dh izkFkZuk dh x;h gS A ;g
izkFkZuk i= Øe'k% fn-13-2-16 o 13-3-16 ds gS A izn'kZ Mc-26 vt;flag fllksfn;k dks [kku lqj{kk
egkfuns'kky; }kjk tkjh i= gS ftlesa mDr vt;flag fllksfn;k dh f'kdk;r fn-12-5-16 ds izkIr
gksus ij mfpr dk;Zokgh fd;k tkuk ,oa izn'kZ Mc-27 i= vizkFkhZ ds izca/ku dks fy[ks tkus dk o.kZu
gS A izn'kZ Mc-27 [kku lqj{kk funs'kd mRrjh vapy xkft;kckn }kjk vizkFkhZ laLFkku ds fuacsVh
ykbe LVksj ekbal ds fujh{k.k esa ik;s x;s fofHkUu mYya/ku dk o.kZu gS A izn'kZ Mc-28 vizkFkhZ
laLFkku }kjk fgrs'k dqekj Vkad dks fy[kk x;k i= gS A izn'kZ Mc-29 ch ,p 50 ,e fj;j Maij dh
iqLrd dk eq[k i`"B ,oa lkFk esa mldh dSisflVh ds mYys[k dh izfr gS ftlesa mDr Maij dh
dSisflVh ipkl Vu dh gksuk of.kZr gS A izn'kZ Mc-30 izkFkhZ dh le>kSrk vf/kdkjh ds le{k dh x;h
f'kdk;r gS A mDr lk{kh , Mc-1 f'koizlkn }kjk viuh ftjg esa lk{; nh x;h gS fd izn'kZMc-2
esjk fu;qfDr i= eq>s feyk Fkk A izn'kZ Mc-2 ds en ua-3 esa fy[kh 'krsZ lgh gS A izn'kZ Mc-10 ls
izn'k Mc-13 rd ds fpfdRlk izek.k i= o fpfdRld iphZ ij esjs gLrk{kj ugh gS ;g ckr lgh gS
;g ckr Hkh lgh gS fd izn'kZ&Mc-10 ls izn'kZ Mc-13 rd ds izek.ki=@i=ksa ij esjs gLrk{kj ugh
gSA ;g ckr lgh gS fd izn'kZ Mc-10 ls izn'kZ Mc-23 rd fpfdRlk laca/kh izek.k i=@eSusa daiuh esa
ugh Hksts Fks cfYd dsoy izkFkZuk i= gh daiuh esa Hkstk Fkk A daiuh esa eSusa izn'kZ&24 o 25 izkFkZuk
i= Hksts Fks tks fd izn'kZ Mc-10 ls Mc-23 ls lacaf/kr Fks A ;g ckr lgh gS fd izn'kZ Mc-24 o Mc-
25 esa izn'kZ Mc-10 ls Mc-23 rd ds nLrkost ckcr~ dksbZ gokyk ugh gS A nLrkost izkFkZuk i= fn-
13-2-16 ls ckn ds gS A izn'kZ Mc-24 o 25 eSusa daiuh esa lh/ks gh tkdj fn;s Fks ftldh jlhn eq>s
1070
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
ugh nh Fkh A ;g ckr lgh gS fd izn'kZ 24 o 25 dks daiuh esa chekj gksrs gq, Hkh tkdj fn;k Fkk A
;g eSa ughs crk ldrk fd j.kohj flag xqtZj us jk;iqj NRrhlx< Tokbu djk ;k ugh ysfdu
mldk VªkalQj ogka gqvk Fkk A izn'kZ Mc-5 ij , ls chs tks esjs ?kj dk irk gS og lgh gS ;g lgh
gS fd izn'kZ Mc-5 eq>s feyk Fkk A izn'kZ Mc-5 ds ckcr~ eSusa daiuh esa dksbZ i= bl lanHkZ esa ugh
fy[kk Fkk eSa ekSf[kd :i ls lgh viuh ckr dgus daiuh x;k Fkk A ;g dguk lghs gS fd Maij
pykus okys vkSj Hkh Fks ftuesa ls fdlh ds dksbZ chekjh gqbZ ;k ugh fdrus ds gqbZ eq>s irk ugh gS A
;g lgh gS fd esjs 'kiFk i= esa eSusa fdlhs vU; Maij vkWijsVj dh chekjh dk mYys[k ugh fd;k gSA
;g ckr lgh gS fd esjs fgrs"k Vkad dk VªkalaQj esjs lkFk ugh fd;k x;k Fkk A ;g ckr lgh gS fd
esjs lkFk vt;flag o j.kohjflag dk VªkalQj gqvk Fkk A
10.
vizkFkhZ lk{kh ,u , Mc-1 iadt vxzoky }kjk viuh eq[; ijh{kk ds 'kiFk i= esa Lo;a dk rsbl o"kZ
ls vizkFkhZ laLFkku esa dk;Zjr jg dj o"kZ 2008 ls 2016 rd ds nkSjku daiuh ds fuacsVh ekbal esa
ekbal eSustj ds in ij dk;Zjr gksuk crkdj vizkFkhZx.k ds vfHkopukuqlkj gh lk{; nh x;h gS A
bl lk{kh }kljk viuh lk{; esa iznf'kZr izn'kZ ,e&1 yxk;r ,e&5 izkFkhZ dh vuqifLFkfr ds i=d]
izn'kZ ,e&6 vflLVsaV tujy eSustj ekbal ds lh 'kekZ ,u , Mc-2 }kjk ,u , Mc-1 iadt
vxzoky dks fy[ks x;s i= fn-20-1-16 dh izfr gS ftlesa ,d 'kkWoy vkWijsVj o nks Maij vkWijsV dh
jk;iqj esa vko';drk crk;h x;h gS A izn'kZ ,e&7 vizkFkhZ laLFkku ds dk;kZy; vkns'k fn-6-2-16 dh
izfr gS ftlesa izkFkhZ lfgr rhu O;fDr;ksa ds ekbal fMikVZesaV ;wfuV 3 ls 8] jkl ls ekbal fMikVZesaV
jk;iqj ¼cyksnk cktkj½ LFkkukarj.k fd;k tkuk of.kZr gS A izn'kZ ,e&8 baVj vkWfQl eheks gS ftlesa
mDr VªkalQj ckcr~ lwpuk ,u , Mc-1 iadt vxzoky }kjk ,u , Mc-2 ds lh 'kekZ dks fn-8-2-16
dks nh x;h gS A izn'kZ ,e&9 ,u , Mc-2 ds lh 'kekZ }kjk ,u , Mc-1 iadt 'kekZ dks fy[ks x;s
i= fn-17-3-16 dh izfr gS ftlesa j.kohjflag ds vykok izkFkhZ lfgr nks LFkkukarfjr O;fDr;ksa dk
fjiksVZ ugh fd;k tkuk of.kZr fd;k x;k gS A izn'kZ ,e&10 dk dk;kRlw Mai Vªd ds ckjs esa mldh
daiuh }kjk vizkFkhZ laLFkku ds ,l lh lqFkkj dks fy[k x;k i= gS A izn'kZ ,e&11 Mk;jsDVj vkWQ
ekbal lsQ~Vh dks vizkFkhZ laLFkku dh vksj ls Jh ,l lh lqFkkj }kjk fn;k x;k tokc gS A bl lk{kh
dks ftjg dh lk{; ds nkSjku izkFkhZ dh vksj ls izn'kZ Mc-32 VfeZus'ku i= ds vykok izn'kZ Mc-31
i= fn[kkdj ds Hkh iz'u iwNs x;s gS ftl izn'kZ Mc-31 i= fn-23-3-16 esa izkFkhZ dks 48 ?kaVs esa
LFkkukarfjr LFkku ij Tokbu djus dk funsZ'k fn;k x;k gS rFkk blesa izkFkhZ dh fn-9-2-16 ls
vukf/kd`r vuqifLFkfr ntZ gS A bl vizkFkhZ lk{kh ,u , Mc-1 iadt vxzoky }kjk viuh ftjg dh
lk{; esa lk{; nh x;h gS fd ;g dguk xyr gS fd izkFkhZ dk LFkkukarj.k jk;iqj NRrhlx< fd;s
tkus dh lwpuk ugh nh gks A ;g lgh gS fd izkFkhZ dks nh x;h lwpuk i=koyh ij is'k ugh dh x;h
gS A lwpuk O;fDrxr nh x;h FkhA lwpuk ckcr~ dksbZ fyf[kr nLrkostkr~ is'k ugh fd;k x;k gS A
;g lgh gS fd izn'kZ ,e&1 ls 5 esa laLFkku ds fdlh vf/kdkjh ds gLrk{kj ugh gS A eq>s tkudkjh
ugh gS fd izkFkhZ dks lsoki`Fkd vkns'k izn'kZ Mc-5 jftLVMZ Mkd ls Hkstk x;k vFkok ugha lsoki`Fkd
djus ls ls iwoZ izkFkhZ dks uksfVl fn;k vFkok bldh tkudkjh eq>s ughs gS A ;g tkudkjh ugh gS
fd izkFkhZ ds fo:) foHkkxh; tkap ugh dh x;h vkSj uk gh mlls Li"Vhdj.k ekaxk x;k A izn'kZ
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1071
Mc- 24]25 izkFkhZ us nh gks rks mldh tkudkjh eq>s ugh gS A izkFkhZ dks LFkkukarj.k vkns'k fyf[kr esa
fn;k gks rks eq>s tkudkjh esa ugh gS A izn'kZ Mc-29 gS A izn'kZ Mc-27 Hkstk x;k i= lgh gS izn'kZ
Mc-28 esjh tkudkjh esa gS tks lgh gS eq>s tkudkjh ugh gS fd izkFkhZ dks lsok i`Fkd djus ls iwoZ
vkS|ksfxd fookn vf/kfu;e dh ikyuk dh x;h ;k ugh eq>s tkudkjh ugh gS fd chbZ,e,y Maij esa
fdruk ykbe LVksj yksM fd;k tkrk gS A
11.
vizkFkhZx.k ds vxys lk{kh ,u , Mc-2 ds lh 'kekZ }kjk viuh eq[; ijh{kk ds 'kiFk i= esa Lo;a dk
vizkFkhZ laLFkku esa o"kZ 2008 ls dk;Zjr gksuk rFkk o"kZ 2016 esa daiuh dh ,l vkj lh ih jk;iqj
ekbal NRrhlx< esa lgk;d tujy eSustj ds in ij dk;Zjr gksuk crkdj i= fn-20-1-16] 8-2-16
o 17-3-16 izn'kZ ,e&6]8]9 dh iqf"V esa rF; ntZ djok;s x;s gS ftjg esa bl lk{kh }kjk lk{; nh
x;h gS fd ;g lgh gS fd geus izn'kZ ,e&6 ds }kjk jkl lhesaV dks fjDok;jesaV ekaxh Fkh ftlds
tokc esa izn'kZ ,e&8 ds }kjk gesa lwpuk nh x;h Fkh A izn'kZ ,e&9 esjs }kjk tkjh fd;k x;k gS A
12.
vizkFkhZx.k ds vxys lk{kh ,u , Mc-3 iq"isanz dqekj Hkkj}kt }kjk viuh eq[; ijh{kk ds 'kiFk i= esa
Lo;a dks vizkFkhZ laLFkku ij mik/;{k ¼dkfeZd ,oa iz'kklfud½ crkdj vizkFkhZx.k ds vfHkopukuqlkj
gh lk{; nh x;h gS bl lk{kh }kjk viuh lk{; esa izn'kZ ,e&11@1 ,oa izn'kZ ,e&12 Hkh iznf'kZr
djok;s x;s gS ftuesa ls izn'kZ&11@1 izn'kZ Mc-32 VfeZus'ku i= dh , Mh izkfIr jlhn gS A izn'kZ
,e&12 vVsaMsal fjiksVZ izkFkhZ dh gS A bl lk{kh }kjk viuh ftjg dh lk{; esa lk{; nh x;h gS fd
izn'kZ Mc-2 esa fuacsVh ykbl LVksj ekbal jkl ftyk ikyh esa izkFkhZ dk dk;ZLFky gksxk vafdr ugh gS
vt[kqn dgk fd fu;qfDr i= fn;s tkus ds ckn crk fn;k tkrk gS fd dk;ZLFky dkSulk gksxk A
;g lgh gS fd izn'kZ Mc-31 Jh eukst egyk }kjk izkFkhZ dks fn-23-3-16 dks jft*-, Mh }kjk tkjh
fd;k x;k Fkk A esjh tkudkjh esa ugh gS fd fn-23-3-16 24-3-16 dks gksyh dk vodk'k gks o 25-3-16
dks xqMÝkbZMs dk vodk'k gks A ;g lgh gS fd izn'kZ Mc-32 laLFkku }kjk izkFkhZ dks fn-29-3-16 dks
tkjh fd;k x;k Fkk A ;g lgh gS fd izn'kZ Mc-32 ij fn-9-3-16 vafdr gS tks fd , ls ch gS tks
lgh fy[kk gS A ;g lgh gS fd izn'kZ ,e&11@1 }kjk izn'kZ Mc-32 fn-30-3-16 dks Hkstk x;k Fkk A
;g lgh gS fd izn'kZ Mc-31 esa , ls ch bckjr fy[kh gS og lgh gS A ;g lgh gS fd izn'kZ Mc-31
esa izkFkhZ ds fn-9-3-16 ls vuqifLFkr crk;k x;k gS mlds laca/k esa dksbZ vkjksi i= nsdj Li"Vhdj.k
ugh ekaxk x;k gS vkSj tkap Hkh ugh djok;h x;h A izn'kZ Mc-32 ij lh ls Mh ij vafdr gS fd
izkFkhZ dk uke eLVj jksy ls gVk fn;k x;k gS A gekjs laLFkku esa LVsafMax vkWMZj cus gq, gS A ;g
lgh gS fd LVsafMax vkWMZj ds rgr geus dksbZ tkap izkFkhZ ds fo:) ugh dh x;h Fkh A ;g lgh gS
fd izn'kZ Mc-27 i= daiuh dks Hkstk x;k Fkk A o"kZ 2011&12 ls ysdj 2015&16 rd dh vof/k esa
vuqifLFkfr ds laca/k esa dksbZ pktZ'khV izkFkhZ dks nh x;h gks rks eq>s tkudkjh ugh gS A ;g lgh gS
fd izkFkhZ dks bl ckcr~ nh x;h pktZ'khV u rks U;k;ky; esa is'k dh vkSj uk U;k;ky; ds fjdkMZ ij
gS A esjh tkudkjh esa ugh gS fd izkFkhZ us laLFku dks le; le; ij esfMdy vodk'k ds fy, jksxh
mipkj iphZ nh gks ch bZ ,e ,y Maij dh la[;k vkt eq>s ;kn ugh gS chbZ,e,y Maij dh yksfMax
dsisflVh lkB esfVªd Vu gS A
1072
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
fook|d la[;k&1%
fook|d la[;k&1%
fook|d la[;k&1%
fook|d la[;k&1%
13.
bl fook|d dks lkfcr djus dk Hkkj izkFkhZ ij jgk gSA izn'kZ Mc-2 fu;qfDr i= ds mDr of.kZr en
ua- 3 ds n`f"Vxr fo}ku vf/koDrk vizkFkhZx.k ds ;g rdZ rks ekus tkus ;ksX; gS fd izkFkhZ dk tkWc
VªkalQjscy Fkk vFkkZr~ vizkFkhZx.k ds laLFkku esa izkFkhZ dk LFkkuakrj.k ,d LFkku ls nwljs LFkku ij
djus dh 'krZ mDr fu;qfDr i= esa Fkh A muds ;g Hkh rdZ ekus tkus ;ksX; gS fd VªkalaQj lsok dk
balhMsaV gS rFkk ;gh fof/k ekuuh; loksZPp U;k;ky; }kjk U;kf;d n`"Vkar 2004 ,y ,y vkj 1103
dsasnzh; fo|ky; laxBu cuke nkeksnj izlkn ikaMs o vU; esa izfrikfnr dh x;h gS A fdarq muds ;g
rdZ ekus tkus ;ksX; ughs gS fd izn'kZ ,e&7 VªkalQj vkns'k fn-6-2-16 dh tkudkjh mlds
VfeZus'ku i= izn'kZ Mc-32 o izn'kZ Mc-5 dh izkfIr ls iwoZ izkFkhZ dks Fkh D;ksafd muds ;g rdZ rks
lgh gS fd izkFkhZ }kjk viuh ftjg dh lk{; esa mDr VªkalQj vkns'k ds tfj;s mlds vykok nks
vU; O;fDr vt;flag o j.kohjflag dk VªkalQj gksuk o fnus'k Vkad dk ugh gksuk o j.kohjflg us
jk;iqj esa Tokbu fd;k ;k ugh fd;k ;g mldks irk ugh gksuk ntZ djokdj mDr VªkalQj vkns'k
dh tkudkjh ijks{k :i ls Lohdkj dh x;h gS fdarq mlls vizkFkhZx.k dh vksj ls vkxs ftjg esa ;g
Li"V ugh djok;k x;k gS fd mls mDr Vz~klaQj vkns'kksa dh tkudkjh mlds VfeZus'ku vkns'k izn'kZ
Mc-5 o izn'kZ Mc-32 dh izkfIr ls iwoZ Fkh A izn'kZ ,e&7 VªkalQj vkns'k izkFkhZ dks O;fDrxr rkSj ij
vizkFkhZ laLFkku }kjk lalwfpr ugh fd;k tkuk Lo;a vizkFkhZx.k dhs vksj ls vius rdksZ esa muds
vf/koDrk }kjk Lohdkj fd;k x;k gS vkSj ,slh lalwpuk dh dksbZ lk{; i=koyh ij gS Hkh ugh A
izn'kZ Mc-31 i= fn-23-3-16 vizkFkhZx.k dh vksj ls izkFkhZ dks tkjh fd;k tkuk crk;k x;k gS ftlesa
mldks vMrkyhl /kaVs esa LFkkukarfjr LFkku ij Tokbu djus dk funsZ'k fn;k x;k gS fdarq ;g i=
fdl izdkj izkFkhZ dks fMyhoj fd;k x;k bldh i=koyh ij ys'k ek= Hkh lk{; ugh gS A izn'kZ
,e&7 LFkkukarj.k vkns'k o izn'kZ Mc-31 lwpuk i= fn-23-3-16 ds izkFkhZ dks lalwfpr gksus dh lk{;
i=koyh ij ugh gksus ls izkFkhZ dh vksj ls fn;k x;k ;g rdZ ekus tkus ;ksX; gS fd izkFkhZ ds
LFkkukarj.k dh dk;Zokgh vizkFkhZ laLFkku rd gh lhfer jgh A izn'kZ Mc-31 i= esa izkFkhZ dks
fn- 9-2-16 ls vukf/kd`r rkSj ls vuqifLFkr crk;k x;k gS bldk rkRi;Z ;gh fudyrk gS fd fn-8-3-
16 rd izkFkhZ }kjk vizkFkhZ laLFkku esa dk;Z fd;k tkuk Lo;a vizkFkhZ i{k ekurk gS ;fn ,slk Fkk rks
Vz~kalQj vkns'k fn-6-2-16 izn'kZ ,e&7 ds ckn Hkh fn-7-2-16 o 8-2-16 dks izkFkhZ ls vizkFkhZ laLFkku
}kjk jkl ekbal esa D;ksa dk;Z fy;k x;k ;g rF; Hkh izkFkhZ dh vksj tkrk gS A fo}ku vf/koDrk
vizkFkhZx.k ds ;g rdZ lgh gS fd izn'kZ Mc-24 o 25 izkFkZuk i= vizkFkhZ laLFkku dh jkl ekbal ds
eSustj dks izkIr gks x;s gks bldh lk{; i=koyh ij ughs gS rFkk muds ;g Hkh rdZ ekus tkus ;ksX;
gS fd izn'kZ Mc-10 yxk;r Mc-12 jksx izek.k i=ksa ij izkFkhZ ds gLrk{kj ugh gS rFkk muds ;g Hkh
rdZ ekus tkus ;ksX; gS fd izkFkhZ }kjk vius vfHkopuksa eas fn-9-3-16 dh rFkkdfFkr vuqifLFkfr ds
nkSjku Lo;a dk iFkjh dhs xaHkhj chekjh ls ihfMr jguk crk;k x;k gS rFkk ,slh gh lk{; mldh
eq[; ijh{kk ds 'kiFk i= esa Hkh gS rFkk muds ;g Hkh rdZ ekus tkus ;ksX; gS fd Lo;a izkFkhZ }kjk
viuh ftjg dh lk{; esa izn'kZ Mc-6]7 ,oa izn'kZ Mc-10 yxk;r 23 mlds jksx izek.k i= o
fpfdRlk laca/kh nLrkost daiuh dks ugh Hkstk tkuk rFkk mlds vkosnu i= izn'kZ Mc-24 o 25 esa
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1073
mudk dksbZ gokyk ugh gksuk Lohdkj fd;k x;k gS rFkk izn'kZ Mc-24 o 25 izkFkZuk i= Lo;a gh
daiuh ij tkdj nsuk Hkh viuh ftjg dh lk{; esa crkrk gS izn'kZ Mc-26 esa Hkh [kku lqj{kk
egkfuns'kky; dks f'kdk;r fn-12-5-16 dks izkFkhZ }kjk ugh dh tkdj vt;flag fllksfn;k }kjk
izdV gksrk gS ftl vk/kkj ij vizkFkhZ laLFkku ds fo:) tkap dh fjiksVZ izn'kZ Mc-27 fn-10-6-16 dh
gS A ftldk tokc vizkFkhZ laLFkku dh vksj ls izn'kZ ,e&11 ds tfj;s ns fn;k x;k gS A izkFkhZ ds
chekjh mlds dk;Z dh otg ls gqbZ gks ;k dksbZ vU; deZpkjh ds ,slh chekjh gqbZ gks bldh Hkh
i=koyh ij dksbZ lk{; ugh gS A fdarq fcuk VªkalaQj vkns'k izn'kZ ,e&7 dh lalwpuk ,oa izn'kZ Mc-
31 i= dh izkFkhZ dks izkfIr ds lh/ks vizkFkhZx.k ds laLFkku }kjk izn'kZ Mc-32 o Mc-5 ds tfj;s izkFkhZ
dks vius vkns'k fn-29-3-16 ls VfeZusV dj fn;k tkuk Hkh oS/kkfud n`f"Vdks.k ls lgh ugh Bgjk;k
tk ldrk gS D;ksafd vizkFkhZx.k ds laLFkku dks vius VªkalaQj vkns'k ls izkFkhZ dks lwfpr djuk pkfg,
Fkk rFkk izn'kZ Mc-31 i= izkFkhZ dks ifjnku djuk pkfg, Fkk A vizkFkhZx.k dh vksj ls izLrqr U;kf;d
n`"Vkar 2007 ,y ,y vkj 390 ';ke lqanj vxzoky cuke eS0 Xyksc fMVSfDVo ,tsalh izk0 fy0 o
vU; ds ekeys esa Lo;a deZdkj }kjk VªkalQj vkns'k dks fujLr fd;s tkus ckcr~ izca/ku dks i= fy[ks
x;s Fks tks ifjfLFkfr gLrxr izdj.k esa ugh gS A U;kf;d n`"Vkar 2001 ,y,y vkj 548 LVsV cSad
vkWQ bafM;k cuke vatk;u lkU;ky esa Hkh VªkalQj dh tkudkjh deZpkjh dks gksuk mlus vius i=
esa Lohdkj fd;k Fkk tks Hkh ifjfLFkfr gLrxr izdj.k esa ugh gS A U;kf;d n`"Vkar 2015 ,y ,y
vkj 169 dkaihVsaV flD;qfjVh lfoZlst cuke xouZesaV vkWQ ,u lh Vh vkWQ nsgyh o vU; esa izca/ku
dh vksj ls i= tkjh fd;k tkdj VªkalQj vkns'k dh ikyuk ugh fd;s tkus ckcr~ deZpkjh ls
Li"Vhdj.k pkgk x;k Fkk ,oa deZpkjh us mldk tokc fn;k Fkk tks ifjfLFkfr Hkh gLrxr izdj.k esa
ugh gS cfYd gLrxr izdj.k esa izkFkhZ }kjk vius vfHkopuksa o lk{; eas Li"V rkSj ij VªkalaQj
dk;Zokgh vizkFkhZ laLFkku }kjk vius rd lhfer j[kuk ntZ djok;k gS ftl dkj.k mDr U;kf;d
n`"Vkar vizkFkhZx.k dh rF;ksa dh fHkUurk ds dkj.k dksbZ lgk;rk ugh djrs gS A U;kf;d n`"Vkar 2001
¼2½ lqizhe dksVZ dslst 289 ,Mhlu~l isaV~l ,aM dsfedYl fy0 cuke odZeSu fjiztsaVsM ckb nh
lSØsVªh ¼, ih ,aM lh½ vflLVsaV~l ,slksfl,'ku o vU; esa deZpkjh }kjk LFkkukarfjr LFkku ij tkus ls
badkjh dh x;h Fkh ,slh badkjh dh gzLrxr izdj.k esa dksbZ lk{; ugh gS A U;kf;d n`"Vkar 2018
,y ,y vkj 752 d:ukdj.k cuke Hkkjrh bysDVªksfuDl fy- fjiz-ckbZ bV~l ps;jeSu de eSusftax
Mk;jsDVj o vU; esa mUuhl O;fDr;ksa dk LFkkuakrj.k iz'kklfud n`f"V ls fd;k x;k Fkk tSlk Hkh
rF; gLrxr izdj.k esa ugh gS A U;kf;d n`"Vakr 2018 ,y ,y vkj 727 ,p ih LVsV dkWi-ekdsZfVax
,aM datwelZ QsMjs'ku fy0 cuke uSulq[k esa ?kjsyw tkap dh x;h Fkh tks ifjfLFkfr gLrxr izdj.k esa
ughs gS A gLrxr izdj.k esa ;|fi mDr izdkj lk{; Lo;a izkFkhZ dh ftjg esa mlds }kjk NqV~Vh ds
vkosnu i= o chekjh ls lcaf/kr nLrkostksa ds laca/k esa gksus ls ;g ugh ekuk tk ldrk gS fd izkFkhZ
}kjk vizkFkhZx.k ds jkl ekbal ds LFkku esa NqV~Vh ckcr~ vkosnu dj fn;k x;k Fkk ,oa chekjh ls
lacaf/kr nLrkost ns fn;s x;s Fks o vodk'k Lohd`r djok fy;k x;k Fkk fdarq ,slhs ifjfLFkfr esa Hkh
vizkFkhZx.k ds laLFkku dks izkFkhZ dks i= izsf"kr djds dk;Z ij mifLFkr gksus ckcr~ psrkouh nsrs gq,
Li"Vhdj.k pkgk tkuk Fkk ,oa mldh vukf/kd`r vuqifLFkfr ds ckjs esa ?kjsyw tkap dh tkuh Fkh tks
1074
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Lohd`r rkSj ij ,slk vizkFkhZx.k }kjk ugh fd;k x;k gS A ,sls esa vizkFkhZx.k dh vksj ls fn;s x;s u
rks ;g rdZ ekus tkus ;ksX; gS fd izkFkhZ Lo;a }kjk lsok dk vfHkR;tu dj fn;k x;k Fkk u gh ;g
rdZ ekus tkus ;ksX; gS fd izdj.k esa /kkjk 25 ,Q vkbZ Mh ,DV 1947 ykxw ugh gksrs gS A iwoZ esa
foosfpr ifjfLFkfr;ksa esa vizkFkhZx.k dh vksj ls fn;k x;k ;g Hkh rdZ ekus tkus ;ksX; ughs gS fd
izkFkhZ }kjk LFkkuakrj.k vkns'k dh ikyuk ugha dh tkdj yxkrkj vuqifLFkr jg dj lsok dk
vfHkR;tu dj fn;k x;k FkkA mDr ifjfLFkfr;ksa esa U;kf;d n`"Vkar 2018 ,y ,y vkj 933 foykl
xuifr ikfVy cuke lq;ksx cSdosy olarnknk vkS|ksfxd olkgr] lkaxyh o vU; Hkh rF;ksa dh
fHkUurk ds dkj.k vizkFkhZx.k dh dksbZ enn ugh djrk gSA izkFkhZ ds fo}ku vf/koDrk }kjk vius rdksZa
esa crk;k x;k vizkFkhZx.k ds vfHkopuksa ,oa izn'kZ ,e&1 yxk;r ,e&5 esa ntZ izkFkhZ dh
vuqifLFkfr;ksa dh la[;k dk fojks/kkHkkl Hkh vizkFkhZx.k ds ekeys ds foijhr tkrk gS rFkk izkFkhZ dks
lsokeqfDr ls iwoZ o"kZ esa 240 dk;Z ds fnu iw.kZ ekus tkus ;ksX; gS A izkFkhZ dh lsokeqfDr ls iwoZ
vizkFkhZx.k dh vksj ls /kkjk 25 ,Q vkS|ksfxd fookn vf/kfu;e 1947 dh ikyuk Lohd`r rkSj ij
ugh dh x;h gS A mDr leLr ifjfLFkfr;ksa esa vizkFkhZ laLFkku dh vksj ls izkFkhZ dh lsok lekfIr
ckcr~ ikfjr vkns'k fn-29-3-16 vuqfpr ,oa voS/k gS blesa dksbZ lansg ugh gS A ifj.kkeLo:i mDr
fook|d la-1 izkFkhZ ds i{k esa fofu'pr fd;k tkrk gS A
fook|d la
fook|d la
fook|d la
fook|d la- 3 o 4%&
3 o 4%&
3 o 4%&
3 o 4%&
14.
fook|d 3 dks lkfcr djus dk Hkkj izkFkhZ ij jgk gS rFkk ;s fook|d vuqrks"k ds rF;ksa dks la/kkfjr
djrk gS rFkk fook|d la-4 vuqrks"k ds ckjs esa gS vr% mDr nksuksa fook|dksa dks ,dlkFk fofuf'pr
fd;k tkuk U;k;laxr gS A fo}ku vf/koDrk vizkFkhZx.k ds ;g rdZ lgh gS fd izkFkhZ dh vksj ls
vius vfHkopuksa o lk{; esa vius VfeZus'ku ds i'pkr~ xsuQqy ,aiykW;esaV esa ugh jgus ckcr~ ys'k
ek= Hkh dFku ughs fd;k x;k gS A tcfd ,slk djus dk izkFkfed mRrjnkf;Ro Lo;a izkFkhZ ij gh
Fkk A ftl i'pkr~ ghs ml mDr rF; dk [kaMu vizkFkhZx.k }kjk fd;k tkuk FkkA ;gh fof/k ekuuh;
,e ih mPp U;k;ky; }kjk U;kf;d n`"Vkar 2016 ,y ,y vkj 1244 bathfj;j bu phQ okVj
fjlksZlst fMikVZesaV Hkksiky cuke ekugj.k esa izfrikfnr dh x;h gS A U;fk;d n`"Vkar 2005 ,y ,y
vkj 275 dsanzh; fo|ky; laxBu o vU; esa ekuuh; loksZPp U;k;ky; }kjk mDr vuqlkj gh fof/k
izfrikfnr djrs gq, cSd ostst ds fy, deZdkj dk ;g izdV djuk vko';d gksuk vfHkfu/kZfjr
fd;k x;k gS fd og xsuQqy ,aiYkW;esaV esa ugh Fkk A U;kf;d n`"Vkar 2018 ¼2½ lqizhe dksVZ dslst
¼,y ,aM ,l½ 395 ih d:iS;k e`rd Fkzw yhxy esa Hkh ekuuh; loksZPp U;k;ky; }kjk ;gh fof/k
izfrikfnr dh x;h gS A mDr leLr ifjfLFkfr;ksa esa izkFkhZ dks iwoZ osru HkRrksa o ifjykHk dk
vf/kdkjh gksuk drbZ Hkh ugh ekuk tk ldrk gSa fdarq fook|d la-1 izkFkhZ ds i{k esa fofu'pr fd;s
tkus ls mls iwoZjr lsok esa fujarjrk lfgr cgkyh ikus dk vf/kdkjh gksuk ekus tkus ;ksX; gS A
;|fi fo}ku vf/koDRkk vizkFkhZx.k ds }kjk bl laca/k esa fn;s x;s ;g rdZ ekus tkus ;ksX; gS fd
izkFkhZ }kjk LVsVesaV vkWQ Dyse esa vius vuqrks"k dks Li"V ugh fd;k x;k gS fdarq izkFkhZ fdl izdkj
ds vuqrks"k dk ik= gS bl ij fopkj djus dk nkf;Ro U;k;ky; dk gS rFkk bl laca/k esa U;k;ky;
}kjk idj.k ds rF;ksa o ifjfLFkfr;ksa esa mDr izdkj fook|d la-3 Hkh fojfpr fd;k x;k gS ftl ij
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1075
vizkFkhZx.k dh vksj ls dHkh dksbZ vkifRr izdj.k ds yacudky esa ugha dh x;h gSA QyLo:i
fook|d la-3 o 4 fujarjrk lfgr iwoZjr vizkFkhZx.k dh lsok esa cgkyh ds izkFkhZ ds vf/kdkjh gksus
dhs gn rd vkaf'kd rkSj ij izkFkhZ ds i{k esa fofu'pr fd;s tkrs gS rFkk izkFkhZ dk LVsVesaV vkWQ
Dyse fo:) vizkFkhZx.k mDr izdkj vkaf'kd :i ls Lohdkj fd;s tkus ;ksX; ik;k tkrk gS A
vkns
vkns
vkns
vkns'k'k'k'k
15- vr% izkFkhZ dk LVsVesaV vkWQ Dyse fo:) vizkFkhZx.k vkaf'kd :i ls Lohdkj fd;k tkdj vizkFkhZ i{k
}kjk izkFkhZ dh lsokeqfDr ckcr~ ikfjr vkns'k fn-29-3-16 vuqfpr ,oa voS/k djkj fn;s tkrs gq,
vizkFkhZ i{k dks vkns'k fn;k tkrk gS fd os izkFkhZ dks fujarjrk lfgr iwoZjr viuh lsok esa vfoyac
cgky djs A fdarq izkFkhZ dks iwoZ osru HkRrksa o ifjykHk dk vf/kdkjh ugha gksuk vfHkfu/kkZfjr fd;k
tkrk gS A [kpkZ i{kdkjku~ viuk viuk ogu djsaxs A
16- vokMZ fy[kk;k tkdj vkt fnukad 16-01-2019 dks [kqys U;k;ky; esa gLrk{kj dj lquk;k x;kA
vokMZ dh izfr fu;ekuqlkj dsanz ljdkj dks okLrs xtV esa izdk'ku izsf"kr dh tkos A
,l- ,u- Vsyj] U;k;k/kh'k
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 350
350
350
350.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? दली इंटरनेशनल एयरपोट? (ाइवेट िलिमटेड एवं अ2य के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच
अनुबंध मA िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय-2, दली के पंचाट
(संदभ? संVया 52/2016) को (कािशत करती है जो के23ीय सरकार को 21.02.2019 को (ा 0आ था।
[सं. एल-11011/5/2016-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 350.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 52/2016) of the Central Government Industrial Tribunal/Labour
Court-2, Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of M/s Delhi International Airport Pvt. Ltd. (DIAL) and other and their workman, which was received by
the Central Government on 21.02.2019.
[No. L-11011/5/2016-IR(M)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT-II, NEW DELHI
Present: Smt. Parnita Mohanty
ID. NO. 52/2016
Shri Darbara Singh, S/o Shri Maninder Singh,
C/o General Secretary, Delhi Prant Pichara Warg,
Mazdoor Union (Regd. -3587), A-147, Opp-A-254,
Indra Kalyan Vihar, Okhla Industrial Area,
Phsse-1, New Delhi-110020.
… Workman
Versus
1.
The CEO,
Delhi International Airport PVt. Ltd. (DIAL),
New Udaan Bhawan, IGI Airport,
Termianal-3, New Delhi-110037.
1076
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
2.
The Managing Director,
M/s. Lite Bite Food Pvt., Ltd., 317
Udyog Vihar, Phase –IV,
Gurugaon, (Haryana)-122016.
… Managements
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.L-11011/5/2016-
IR(M) dated 12.04.2016 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Act, for
adjudication of a dispute, terms of which are as under:
“Whether demand of the union for reinstatement of the services of the workman i.e. Shri Darbara Singh S/o Shri
Maninder Singh alongwith back wages and other consequential benefits is legal and /or justified, if so, to what
relief he is entitled to and what direction are necessary in this respect?”
2.
In the reference order, the appropriate Government commanded the parties raising the dispute to file statement
of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days of receipt of
the reference order and to forward a copy of such statement of claim to the opposite parties involved in the dispute.
Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained unserved in the period, referred above. Therefore, every presumption lies in favour of the fact that the
above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause
against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this award
be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for publication.
Date: 09.01.2019
Smt. PARNITA MOHANTY, Presiding Officer
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 351
351
351
351.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? भारत पेiोिलयम कापरेशन िलिमटेड के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द?
औोिगक िववाद मA औोिगक अिधकरण/5म 2यायालय, पटना के पंचाट (संदभ? संVया 05(सी)/2015) को (कािशत करती
है जो के23ीय सरकार को 20.02.2019 को (ा 0आ था।
[सं. एल-30011/19/2015-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 351.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 05(C)/2015) of the Industrial Tribunal/Labour Court, Patna now as
shown in the Annexure in the Industrial Dispute between the employers in relation to the management of M/s. Bharat
Petroleum Corporation Limited and their workman, which was received by the Central Government on 20.02.2019.
[No. L-30011/19/2015-IR(M)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATNA
Reference Case No.:- 05 (C) of 2015
Between the management of (1) M/S Rakesh Kumar Sharma, Bailey Road, Patna, (Bihar -800014 (2) The Territory
Manager (LPG) , Bharat Petroleum Corporation Ltd., Fatuha Industrial Area, Mauza-Raipur, PO- Fatuha, Patna (Bihar)-
803201 and their workmen represented through the Secretary, Bharat Petroleum Corporation Ltd. Employees Union,
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1077
C/o- Bharat Petroleum Corporation Ltd. Eastern Regional Office, Plot No. 31, C.I.T Scheme Prince Gulam Md. Shah
Road, golf Green, Bharat Bhavan, Kolkata-700096.
For the management No.(1) :-
Sri Rakesh Kumar Sharma, himself present.
For the management No.)2) :-
Sri Vijay Kumar Pandey, Advocate.
For the Workmen:-
Sri Dipak Bhattacharyya, General Secretary.
Present: Vishweshwar Nath Mishra, Presiding Officer,
Industrial Tribunal, Patna.
AWARD
Patna, dated: 30th January, 2019
By the adjudication order No.-L-30011/19/2015-IR (M) dated- 19.06.2015 the Govt. of India, Ministry of Labour, New
Delhi has referred under clause (d) of sub-section-(1) and sub-section-(2A) of section-10 of the Industrial Dispute Act,
1947, (hereinafter to be referred to as “the Act”), the following dispute between the management of (1) M/S. Rakesh
Kumar Sharma, Bailey Road, Patna, (Bihar -800014 (2) The Territory Manager (LPG) , Bharat Petroleum Corporation
Ltd., Fatuha Industrial Area, Mauza-Raipur, PO- Fatuha, Patna (Bihar)- 803201 and their workmen represented through
the Secretary, Bharat Petroleum Corporation Ltd. Employees Union, C/O- Bharat Petroleum Corporation Ltd. Eastern
Regional Office, Plot No. 31, C.I.T Scheme Prince Gulam Md. Shah Road, golf Green, Bharat Bhavan, Kolkata-
700096.for adjudication to this tribunal:-
SCHEDULE
“Whether the action of the employer M/S. Rakesh Kumar Sharma a contractor of BPCL LPG Plant, Fatuha in
terminating the services of contract workmen w.e.f 15.10.2013 is legal and justified? What relief the workmen
are entitled to?”
2. The workers of Bharat Petroleum corporation Ltd have filed their statement of claim through the secretary of their
union seeking the following reliefs:-
(a)
That the termination of the contract labours was illegal and in gross violation of section 25F of the
Industrial Disputes Act, 1947.
(b)
That the contract workmen should be restored in their job at the LPG Plant with continuity of services
and all consequential benefits like salary and benefits of Provident fund and ESI.
(c)
That the contract signed between BPCL and the Contractor be declared sham and bogus.
(d)
That the contract labour who are continuously working for more that four to five years in perennial
nature of job be absorbed in the permanent rolls of the company BPCL.
The Bharat Petroleum Corporation Limited is a Government of India undertaking and is, inter alia, engaged in the
business of refining, exploration and marketing of petroleum products and earns huge profit thereby. The said company
has been operating a LPG bottling Plant at Fatuha, Patna for supply filled LPG cylinders to entire Bihar Market. The
company has engaged contract labour in various perennial nature of jobs at Fatuha LPG Plant like those of Process
Operator, Operator Field, Technician Plant, Technician Electrical, Tallyman etc., which are incidentally also the
designation of the permanent workmen working at the LPG Plant.The contract of supplying contract labour was awarded
to the contractor M/S Rakesh Kumar Sharma, who in turn engaged huge number of contract labour for all kinds of jobs
in the plant which are incidental to bottling of LPG in the plant and all the jobs are peripheral jobs related to operations
of LPG Plant. The contract labours were not provided with any appointment letter by the contractor including terms and
condition of service. On 15.10.2015, without any prior notice required under section 25F of the Industrial Disputes Act,
1947 the contractor on being directed by the management, terminated the services of nine (9) contract labours who were
working at the LPG Plant for more than four years continuously without paying any retrenchment compensation, last
month’s salary and without settling their Provident Fund or providing them with ESI Benefits. The Union took up the
matter with the regional LPG Manager, East but he did not do anything in this regard. On the basis of a dispute being
raised regarding the issues of alleged unfair labour practice and illegal termination of contract labours at Patna LPG Plant
was under taken by the Assistant Labour Commissioner ( Central ), Patna. The said conciliation was ended in failure.
That during pendency of the conciliation the management of BPCL terminated three (3) more contract labour without
due process of law and without paying any retrenchment compensation, salary and settlement of Provident Fund dues
including ESI. That said failure of conciliation report was referred to under Secretary Ministry of Labour for reference to
failure of conciliation report no.- 1/31/2014/ALC-1 dated- 24.03.2015 from the ALC, Patna on the illegal termination of
service 12 workmen working at the LPG Plant. The opposite party company in connivance with the contractor has
terminated the workmen without any notice and reasons as stated above and stopped the workman from entering the
plant. The workmen and their union on behalf of the workman, time and again requested the opposite party company to
withdrew the illegal termination and allow them to join duty but the company BPCL and its management turned a blind
eye.
In this case notices were issued to the concerned contractor M/S Rakesh Sharma and Territory Manager (LPG), Bharat
Petroleum Corporation Ltd. and in persuance of the same though they appeared but did not file any written statement.
1078
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
3. In course of the proceedings of this case an application was filed by the one Dipak Kumar Bhattacharyya, the General
Secretary of Bharat Petroleum corporation Ltd Employees union, praying therein to withdraw the dispute pending before
this tribunal. It has been stated that in the intervening period the Territory Manager LPG, Fatuha, Patna has initiated
certain remedial action to the satisfaction of the terminated workmen. It has been further stated that the workers are
satisfied by the action taken by the Territory Manager and they donot want to persue their case any futher. They have
prayed that the present dispute be treated as resolved and closed without any further reference.
4. In the case one of the workman Manoj Kumar Singh appeared alongwith other terminated workers to depose in this
case. This worker in his deposition has stated that now they are employed in the company under another contractor and
they are getting their salary regularly and have no dispute with the management. As the matter has been compromised
with the management and after compromise they have been re-engaged by the management, therefore no dispute exists
between the parties at present. This witness has also proved his signature as well as the signature of other employees on
the compromise / withdrawal petition filed in this case. The aforesaid petition has been marked as Ext.-M in this case.
5. Heard the representative of the both the parties and perused the material available on the record, I am of the view that
in view of the withdrawal petition filed by the workmen, and inview of deposition of one of the workman Sri Manoj
Kumar Singh now there does not exist any dispute between the parties and accordingly “ No Dispute Award ” is hereby
being passed in this case. This award is effected after date of publication in gazette.
And accordingly this is my award.
Dictated & Corrected by me.
VISHWESHWAR NATH MISHRA, Presiding Officer
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 352
352
352
352.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? भारतीय जीवन बीमा िनगम के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक
िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय, अहमदाबाद के पंचाट (संदभ? संVया 91/2010) को
(कािशत करती है जो के23ीय सरकार को 20.02.2019 को (ा 0आ था।
[सं. एल-17011/3/2007-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 352.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 91/2010) of the Central Government Industrial Tribunal/Labour
Court, Ahmedabad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central
Government on 20.02.2019.
[No. L-17011/3/2007-IR(M)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
AHMEDABAD
Present :Pramod Kumar Chaturvedi,
Presiding Officer, CGIT cum Labour Court,
Ahmedabad, Dated 05th February, 2019
Reference: (CGITA) No. 91/2010
1. The Sr. Divisional Manager,
LIC of India, Bhavnagar Division,
Jeevan Prakash, Neelambaug Circle,
Bhavnagar (Gujarat) – 364002
2. The Branch Manager,
LIC of India, Opposite Melo’s Compound,
Surendranagar (Gujarat)
…First Parties
V/s
The General Secretary,
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1079
Gujarat Rajya Ardhsarkari Audhyogik Karmachari Sangh,
4, Alap Flats, Dhamubhai Colony,
Opp. Anjali Cinema,
Jawaharnagar, Vasna Road,
Ahmedabad (Gujarat) - 380007
…Second Party
For the First Parties
: Shri K.V. Gadhia
For the Second Party
: Shri R.C. Pathak
AWARD
The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-17011/3/2007–
IR(M) dated 21.05.2008 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in
respect of the matter specified in the Schedule:
SCHEDULE
“Whether the demand of the Gujarat Rajya Ardhsahari Audhyogik Karmachari Sangh for reinstatement of the
service of Shri Dineshbhai K. Sareriya by the management of LIC of India with retrospective effect along with
all consequential benefits etc. is justified? If so, to what relief the concerned workman is entitled?”
1. The reference dates back to 21.05.2008 and received on 29.05.2008 from Ministry of Labour and Employment,
New Delhi for adjudication and passing the award.
2. After issuing notice to both the parties, the second party submitted the statement of claim Ex. 4 on 24.07.2008
and the first party submitted the written statement Ex. 7 on 09.04.2009.
3. The second party workman moved an application Ex. 8 for issuing mandamus to the first party to submit the
documents detailed in the application which was disposed of as rejected on 03.08.2017 and the case was fixed
for evidence on 05.10.2017. Since then the second party workman was given more than half a dozen of
opportunities to lead evidence but he did not prefer to lead evidence. On the contrary, his advocates’ Shri R.S.
Pathak and Shri Chinten Gohel submitted a purses Ex. 13 informing that the workman has not been in his
contract since then.
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 demand of the Gujarat Rajya Ardhsahari Audhyogik Karmachari Sangh for
reinstatement of the service of Shri Dineshbhai K. Sareriya by the management of LIC of India with
retrospective effect along with all consequential benefits etc. is not justified.”
P.K. CHATURVEDI, Presiding Officer
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 353
353
353
353.—औ ोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण म केीय
सरकार मेसस भारतीय जीवन बीमा िनगम के #बंधतं% के संब& िनयोजक' और उनके कमकार' के बीच अनुबंध म
िन*द+ औ ोिगक िववाद म केीय सरकार औ ोिगक अिधकरण एवं -म यायालय, बगलूर के पंचाट
(संदभ सं/या 11/2012) को #कािशत करती है जो केीय सरकार को 20.02.2019 को #ा3 4आ था।
[सं. जेड-16025/4/2019-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 353.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 11/2012) of the Central Government Industrial Tribunal/Labour
Court, Bangalore now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central
Government on 20.02.2019.
[No. Z-16025/4/2019-IR(M)]
D. K. HIMANSHU, Under Secy.
1080
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT,
BANGALORE
DATED
: 11th FEB 2019
PRESENT : Justice Smt. Rathnakala, Presiding Officer
I.D No. 11/2012
I Party
II Party
Sh. D K Sathisha,
S/o. Kariyaiah,
R/o Dugganahally Village & Post,
Kirugavalu Hobli,
Malavalli Taluk,
Mandya District,
The Senior Divisional Manager,
LIC of India,
Divisional Office,
Jeevan Prakash,
Bannimantap,
Mysore - 570015
Advocate for I Party : Advocate for II Party:
Mr. J. Ramaiah Mr. B.V. Krishna
AWARD
1.
The I Party has brought this dispute under section 2A(2) of the Industrial Dispute (Amendment) Act 2010,
contending that :—
‘he was a daily wage worker under the II Party since 10.07.1998. When Class IV employee post of the II Party
fell vacant he applied for the said post. His application was rejected on the ground that he has not fulfilled the
eligibility criteria. He belongs to schedule caste and was entitled for selection under reservation quota. There
are number of existing vacancies of class IV employees in the corporation at various branches of the II Party’.
Further, he seeks for a relief of direction to the II Party to reinstate him as class IV employee under any of the
branch of the II Party.’
2.
The claim was contested by the II Party disputing the very identity of the I Party as their daily wager. It is the
case of the II Party that
‘the I Party was engaged by M/s Diesel Engineers, Bangalore as generator service provider to operate and
maintain the generator i.e, to switch-on and switch-off the generator whenever the power goes off or fluctuates
at their Mandya Office. A contract was entered into between the II Party and M/s Diesel Engineers in this
regard. Consequent upon the agreement, contractor seems to have engaged the I Party for maintenance and
operation of the generator. They had no control over the work done either by the contractor or by the I Party’.
3.
It is the further case of the II Party that, the Hon’ble Supreme Court in its judgment in the Civil Appeal No.
953968 (Sri. D V Anil Kumar & Others vs LIC of India) among other things had directed that those daily wage workers
working in LIC for five years or more continuously and those who are on roll on 18.01.2011 are to be regularized subject
to fulfilling the examination to be conducted by LIC of India. Accordingly, they invited application from the eligible
daily wagers who were working in their offices. I Party workman had not fulfilled the eligibility condition. Primarily he
was not a daily wager under them. He seems to have been engaged by the contractor M/s Diesel Engineers with whom
they entered into the contract on 04.03.2005. The generator is placed outside the office building but within the
compound wall of the II Party at their Mandya branch premises. His application could not be entertained as per
guidelines of the Supreme Court. The applications by those who had fulfilled the eligibility criteria as stipulated in the
judgment of Supreme Court were entertained. Since he was not engaged by the II Party there is no question of his
removal by them.
4.
After completion of pleading both parties lead there evidences. I Party workman examined himself as AW-1
and marked documents Ex A-1 to Ex A-13. The II Party examined their officer as RW-1 and marked documents Ex R-1
and Ex R-2, both have placed on record their arguments in writing.
5.
Perused the record, the I Party workman during his cross-examination had admitted that he left working in LIC
from 11.12.2011. Among other things he has produced Ex A-9 notarized copy of the budget control register maintained
by the II Party under the Head of Account of Diesel charges, name of one sathisha finds place in this account. The
period of payment made under the said account commences from 03.04.2006 to 31.01.2011. That apart notarized copy
of 3 payment vouchers dated 01.09.2008, 02.09.2011 and 01.12.2011 are marked by him as Ex A-11. Sathisha is the
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1081
recipient of payment under these vouchers. It is clear from these vouchers that the payment was made by the II Party
and if received by the I Party was toward miscellaneous expenses, cost of diesel for generating the electricity. The
I Party workman has also placed his reliance of the press material of 04.05.2012 pertaining to the theft of cash box in the
II Party, name of one sathisha finds place in this material as an employee of the II Party. The I Party workman could not
bring the abridging evidence that he was the employee under the II Party as on 04.02.2012.
6.
The II Party has produced the 5 periodic agreements of contract entered with M/s Diesel Engineers commencing
from the year 2008-09 ending by 2013-14 they are marked as Ex R-3 to Ex R-7.
7.
On a careful consideration of the oral and documentary evidence brings out that I Party has not made any case
to show that he was employed as a daily wager and was refused employment by the II Party. The tone of the case is
“being a daily wager under the II Party he was entitled for appointment to the post of peon as per the guidelines of the
Supreme Court”. Unfortunately, he has not brought any worth relying evidence to show that he was entitled to the above
noted post having worked for 5 years or more as on 18.01.2011. It is also worth noticing that, while RW-1 was in the
witness box his affidavit evidence was not specifically contradicted, only suggestion put to him was, he has filed false
affidavit to favour the management. Another interesting thing is, in the claim statement the relief sought by him is, to
reinstate him as a Class IV employee but not as a daily wager. It is not his case that he was illegally terminated/
retrenched /refused employment by the II Party. The redressal under section 2A(1) of the Industrial dispute Act is
available for the workman falling under the circumstances contemplated under section 2A(1) of the Industrial dispute
Act. Accordingly, the individual workman who has been either discharged/ dismissed/retrenched or otherwise
terminated from the service, is an industrial dispute. But no such case is made out by him. The claim before this
Tribunal for appointment to the post of class IV employee is misconceived. This Tribunal has no jurisdiction to entertain
his grievance.
AWARD
The claim petition is dismissed.
(Dictated, transcribed, corrected and signed by me on 11th February, 2019)
Justice Smt. RATHNAKALA, Presiding Officer
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 354
354
354
354.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? बीकानेर िसरेिम\स (ा. िल. के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक
िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय, जयपुर के पंचाट (संदभ? संVया 29/2005) को (कािशत
करती है जो के23ीय सरकार को 20.02.2019 को (ा 0आ था।
[सं. एल-29012/74/2004-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 354.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 29/2005) of the Central Government Industrial Tribunal/Labour
Court, Jaipur now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of M/s. Bikaner Siramics Pvt. Ltd. and their workmen, which was received by the Central Government on
20.02.2019.
[No. L-29012/74/2004-IR(M)]
D.K. HIMANSHU Under Secy.
1082
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
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Ceramics Pvt. Ltd. rep. by Sh. Shahi Mohan Mundra, mine owner from 7.8.94 to 25.5.2002.If yes, whether his
termition from service from 25.5.2002 is justified or not? If not to what relif Sh. Dinesh Kumar Paliwal is
entitled and from what date? ’’
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vk;kA izkFkhZ ,d dSysaMj o"kZ esa 240 fnu ls vf/kd lsok djus ds vk/kkj ij deZdkj gSA izkFkhZ dh lsokeqfDr voS/k N¡Vuh ds
:i esa dh xbZ gS bl izdkj vf/kfu;e dh /kkjk 25 ¼,Q½ ¼th½ ¼,p½ o ¼,u½ rFkk fu;e 77 o 78 dh ikyuk u fd;s tkus ls
izkFkhZ iqu% fujarjrk lfgr cgky fd;s tkus o iw.kZ osru Hkrksa dk Hkqxrku izkIr djus dk vf/kdkjh gSA
3-
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ls R;kxi= nsdj lsok ls eqDr gks x;k FkkA mlus LosPNk ls dk;ZLFky ij vkuk can dj fn;kA fQj 01-02-1991 ls
31-07-1991 rd dk;Z fd;k izkFkhZ us vizkFkhZ ds fo:/k feF;k vijkf/kd izdj.k Hkh ntZ djok;k Fkk izkFkhZ o vizkFkhZ ds e/;
deZdkj o fu;kstd ds laca/k ugha gS vr% nkok vLohdkj fd;k tk;sA mHk;Ik{k us vius vius lk{; esa 'kiFki= o izys[k
izLrqr fd;sA
4-
fnukad 31-01-19 dks mHk;i{k us la;qDr :i ls ,d jkthukek bl vf/kdj.k ds le{k izLrqr fd;k ftlesa ;g r;
gqvk fd izkFkhZ nks yk[k :i;s vizkFkhZ ls izkIr dj fookn dk lekiu djus dks rRij gSa bl fLFkfr esa vizkFkhZ x.k us izkFkhZ dks
okafNr jkf’k nks yk[k :i;s dks Hkqxrku ,d yk[k :i;s iwoZ esa nsdj rFkk ,d yk[k :i;s dk fMekaM Mªk¶V 31-01-2019 dks
nsdj fd;kA izkFkhZ us /kujkf’k izkfIr dh vfÒLohd`fr djrs gq, vizkFkhZx.k o mlds e/; dksbZ fookn 'ks"k u jgus dh iqf"V dhA
5-
mi;qZDr ifjn`’; esa ;g Li"V gS fd mHk;i{k ds e/; jkthukek gks tkus ds mijkUr dksbZ fookn 'ks"k ugha jgk gSA
6-
vr% ;g iapkV dsUnzh; ljdkj }kjk lanfHkZr fookn ds mijkUr ÞdksbZ fookn 'ks"k ughaß ds :i esa ,rn~}kjk ikfjr
fd;k tkrk gS A iapkV dh izfrfyfi vkS/kksfxd fookn vf/kfu;e] 1947 dh /kkjk 17 ¼1½ ds vuqlj.k esa izdk’kukFkZ izsf"kr dh
tkosaA
iapkV vkt fnukad 31 tuojh 2019 dks fy[kk o gLrk{kfjr fd;k x;kA
jk/kk eksgu prqosZnh] ihBklhu vf/kdkjh
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 355
355
355
355.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? कम?चारी राय बीमा िनगम (ईएसआईसी) के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA
िन`द? औोिगक िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय-2, चंडीगढ़ के पंचाट
(संदभ? संVया 199/2011) को (कािशत करती है जो के23ीय सरकार को 20.02.2019 को (ा 0आ था।
[सं. एल-15012/4/2010-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1083
New Delhi, the 26th February, 2019
S.O. 355.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 199/2011) of the Central Government Industrial
Tribunal/Labour Court-2, Chandigarh now as shown in the Annexure in the Industrial Dispute between the
employers in relation to the management of M/s. Employees State Insurance Corporation (ESIC) and their
workmen, which was received by the Central Government on 20.02.2019.
[No. L-15012/4/2011-IR(M)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH
Present: Sh. A.K. Singh, Presiding Officer
ID No. 199/2011
Registered on: 05.07.2011
Sh. Kamaljeet, S/o Sh. Surender Kumar, Village & Post Office Taksal,
Tehsil Kasauli, District Solan, Himachal Pardesh.
… Workman
Versus
The Regional Director, Employees State Insurance Corporation (ESIC),
Hospital Complex, Parwanoo, District Solan, Himachal Pardesh.
… Management
AWARD
Passed on: 12.02.2019
Central Government vide Notification No. L-15012/4/2010-IR(M) Dated 30.05.2011, under clause (d) of sub-section (1)
and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the
following Industrial dispute for adjudication to this Tribunal:-
“Whether the action taken by the Regional Director, Employees State Insurance Co. Parwanoo in terminating
the service of workman Shri Kamaljeet S/o Shri Surender Kumar Ex. Office Assistant w.e.f. 12.10.2009 is just,
fair and legal? What relief the workman is entitled to and from which date?”
1.
The facts, in brief, are that Sh. Kamaljeet, workman appeared and filed claim statement and submitted that the
respondent-management is a Public Sector Enterprise and is under the field of Employees State Insurance Corporation,
1948. The workman joined the respondent-management as Office Assistant at the rate of Rs.4,200/- per month w.e.f.
02.10.2005 and worked continuously without any interruption or break till 12.10.2009 when he was thrown out of the
services with verbal order of termination of his services. It is also averred that he was appointed by the respondent-
management directly without issuance of any appointment letter in writing as a regular employee of the respondent-
management and his attendance was marked accordingly. It is also alleged that management for the first time explained
that work was outsourced through M/s Sunrise Facilitators Pvt. Ltd. From November 2005 to May 2007 and then M/s
Virender Singh & Associates from June 2007 to June 2009. The services of the workman is null and void and against the
principles of natural justice. The verbal order of termination is without any notice is in violation of Section 25-F, 25-G
and 25-H of the Industrial Disputes Act 1947. There was no back-door entry or any connivance with the respondent-
management in the appointment or payment of wages between the parties. It is prayed that order of termination be
quashed and any other order, which the Hon’ble Court deems fit and proper, be passed in his favour.
2.
Respondent-management filed written statement, denied the facts alleged in the claim petition, but partially
accepting the appointment of the workman during the period 01.07.2009 to 04.10.2009 on daily wages on job basis. It is
alleged that respondent-management is a statutory body constituted under Employees State Insurance Act, 1948 and is
involved in the field of Social Security for the insured workers and their dependants. It is further alleged that the claim of
the workman is not maintainable in the present form and is liable to be dismissed on the sole ground alone as he was
neither appointed nor was issued any appointment letter by the respondent-management. Mr. C. Negi S/o Sh. Sonam
Negi Assistant Director, ESI Corporation, Regional Office, ESI Hospital and Sh. Deepak Manchanda S/o Sh. Dyal
Manchanda of M/s. Sunrise Facilitators Pvt, Ltd. For providing personnel in various categories for a period of one year.
That the contents of para 5 of the statement of claim are admitted to the extent that work was outsourced from the said
contractors and that no appointment letter was issued to the worker. Rest of the contents of para 5 of the statement of
claim as stated are wrong and denied. The respondent has not employed the worker directly except during period of
01.07.209 to 04.10.2009. The worker was getting the wages prior to 01.07.2009 from the contractors named above and is
making false contention before this Hon’ble Tribunal with ulterior notice. The worker has not completed 240 days on the
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THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
with the respondent-management during the preceding 12 months as such, his statement of claim is bad in the eye of law
in the absence of said contract. The workman is not gainfully employed and be reinstated and payment be made for back
wages. In fact, after the expiry of the contract period, the management has terminated under the instruction of the
hearquarter and the workman was directed to report back to the said contractor after the termination of the contract.
Thus, workman was outsourced from the said contractor and no appointment letter was issued to the workman. Hence
respondent-management has not any liability towards workman and his claim petition is liable to be dismissed.
3.
The workman himself in support of his claim has examined himself as WW1 and tendered his affidavit Ex.A1
along with documents.
4.
On the other hand, Smt. Shashi Dua, ESIC, Branch Manager, Baddi, District Solan, H.P, of the management
appeared in the witness-box as MW1 and tendered his affidavit Ex.R1.
5.
The other witness Sh. Virender Singh, alleged contractor has tendered his affidavit Ex.MW2 who has tendered
attendance register Ex.RX and copy of the payment of salary register is Ex.RY.
6.
The first and foremost argument advanced by the learned counsel of management that the Tribunal has got no
jurisdiction as there was no relationship of employer and employee between the management and workman except for
01.07.2009 to 04.10.2009 when he was kept in employment on need basis by management. This Tribunal has to consider
the oral as well as documentary evidence adduced on record so as to decide the question of relationship of employer and
employee between the management and workman herein. In this respect it is appropriate to refer the affidavit of WW1 of
workman. It is clear from the perusal of affidavit that it is in consonance with the pleadings i.e. status of claim filed by
the workman.
7.
In its written statement, management has pleaded that the workman was engaged with the contractor Deepak
Manchanda initially up to May 2007 and subsequently with Virendra Singh from June 2007 to 2009 under contract
executed between management and contractor. According to management terms and conditions of the contract was
specific that there shall be no relationship of employer and employee between workman and management. But
management has failed to produce the aforesaid copy of contract during the course of evidence and proceedings of case.
Thus, adverse inference may be drawn against the management under Section 114(g) of Evidence Act regarding the
concealment of relevant documents. Thus, argument advanced by the learned counsel is devoid of merit to the extent in
absence of copy of contract.
8.
The perusal of record and statement of witnesses also make the position very clear that workman was in
employment of management since beginning up to 12.10.2009 i.e. the date of retrenchment or termination. Management
has admitted in its written statement that after the expiry of contract with M/s Virendra workman was employed with the
management from 01.07.2009 to 04.10.2009 which is belied by the cross-examination of Contractor Varinder Singh,
who has tendered his affidavit as R-2 and admitted in his cross-examination that workman worked with department up to
12.10.2009 when his services were terminated. It is noteworthy to mention that workman has put specific case about his
oral termination from 12.10.2009. Witness Varinder Singh has admitted in his cross-examination that he does not know
whether workman was employed with management after the expiry of his contract but he is aware of the date when
workman was terminated i.e. 12.10.2009. Witness, Contractor Varinder Singh has been examined by the management to
prove that workman was his employee during the contract period entered with management. He has tendered copy of
attendance register for the period June 2007 to June 2009 alongwith the copies of wages register of intervening period.
The photocopies of the attendance register show that there is no signature of workman or other employees in any of page
instead attendance is shown as P(present) A(absent). There is nothing on record to prove that who has maintained this
register and why the employees did not make their signatures on it. The workman has submitted and proved through his
affidavit the attendance register allegedly maintained by the management from July 2006 to April 2007 marked as
Exhibit A-1. The copies of attendance register reveals that claimant has made his specimen signature alongwith other
regular employee which is more reliable and trustworthy as such in comparison to the attendance register filed by the
contractor Virender Singh. The workman has specifically stated in his cross-examination that he made signature in
attendance register alongwith the regular employees of management but learned counsel of management has not put even
single question about its authenticity and procurement. In my opinion, the authenticity of the attendance register marked
as A-1 has forced the witness Mrs. Shashi Dua of management to say that she is unable to answer whether the attendance
of workman was marked in our regular attendance register. Thus, it stands proved on record that workman was working
with the management continuously for four years before his termination on 12.10.2009. Though, neither any letter of
appointment nor any termination letter was issued to him.
9. Thus, the case in hand, it stands clearly proved from the evidence adduced on record, the workman was engaged as
“casual worker” by the respondent-management as as such, to my mind, the workman is a “workman” within the
definition of Section 2(S) of the Act. In this regard, reference can be made to the decision in the case of Devinder Singh
Vs. Municipal Council, Sanaur, AIR 2011 Supreme Court 2532, wherein the Hon’ble Apex Court while interpreting
the provisions of Section 2(S) of the Act which deals with the definition of “workman” has observed as under :-
“The source of employment, the quantum of recruitment, the terms & conditions of employment/ contract of
service, the quantum of wages/ pay and mode of payment are not at all relevant for deciding whether or not a
person is a workman within the meaning of Section 2(s) of the Act. The definition of workman also does not
make any distinction between full time and part time employee or a person appointed on contract basis.
There is nothing in the plain language of Section 2(s) from which it can be inferred that only person
employed on regular basis or a person employed for doing whole time job is a workman and the one
¹Hkkx IIµ[k.M 3(ii)º
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1085
employed on temporary, part time or contract basis on fixed wages or as a casual employee or for doing duty
for fixed hours is not a workman.”
It is clear from the perusal of aforesaid observations that even if a person is engaged on temporary, part time or contract
basis or for doing any other kind of work and is duly paid wages for the said work, in that eventuality such a person
would be covered by the definition of “workman” as provided in Section 2(S) of the Act.
10.
As discussed above, engagement of workman as worker of management as Office Boy even on contract basis
stands established and there was is no relationship of employer and employee between the management and workman
herein and that the workman had been working as a Office Assistant with the respondent-management about four years
prior to his termination on 12.10.2009.
11.
The vital question arises for consideration is whether termination of the workman from his services by the
management w.e.f. 12.10.2009 is in accordance with law or in violation of the provisions of Section 25-F of the Act.
According to the testimony of the workman, the work of Office Assistant was of permanent nature and that his services
were terminated by the management in violation of section 25-F, 25-G and 25-H of the Act. It is neither the case of the
management that any notice or compensation in lieu of notice period was given to the workman prior to termination of
his services w.e.f. 12.10.2009 nor any such evidence has been adduced on record by the management. In these
circumstances, this Tribunal has no hesitation to hold that the services of the claimant were terminated by the
management w.e.f. 12.10.2009 in violation of the provisions of Section 25-F of the Act.
12.
Now the residual question is whether the claimant/workman is entitled to any incidental relief of payment of back
wages and/or reinstatement of service with full back wages. It is proved on record that workman was continuously in the
employment of the management from 02.10.2005 to 12.10.2009 though on contract basis. There is no show cause notice
or memo issued to the workman by the management. Moreover, the job of the workman is of perennial and regular
nature. Though, the workman has not pleaded that he is unemployed from the date of his termination, however in his
affidavit he clarified that he is without any appointment due to pending of present case. Even if it is presumed that the
workman is doing some intermittent job as and when he finds work, it cannot be said that he is gainfully employed to
make livelihood for himself and his family. The management has not adduced any evidence to show that the workman is
gainfully employed.
13.
The Hon’ble Apex Court in case of “Deepali Gundu Surwase v. Kranti Junion Adhyapak Mahavidyalaya”
reported as (2013) 10 SCC 324 has held as under:-
“The propositions which can be culled out from the aforementioned judgments are:
(i)
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is
the normal rule.
(ii)
Ordinarily, an employee or workman whose services are terminated and who is desirous of getting back
wages is required to either plead or at least make a statement before the adjudicating authority or the
Court of first instance that he/she was not gainfully employed or was employed on lesser wages. If the
employer wants to avoid payment of full back wages, then I has to plead and also lead cogent evidence to
prove that the employee/workman was gainfully employed and was getting wages equal to the wages
he/she was drawing prior to the termination of service. This is so because it is settled law that the burden
of proof of the existence of a particular fact lies on the person who makes a positive averments about its
existence. It is always easier to prove a positive fact than to prove a negative fact. Therefore, once the
employee shows that he was employed, the onus lies on the employer to specifically plead and prove that
the employee was gainfully employed and was getting the same or substantially similar emoluments.”
14. Hon’ble Apex Court in the case General Manager, Haryana Roadways Vs. Rudan Singh, reported as 2005
SCC (L & S) 716 observed as under:-
“There is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the termination
of service was in violation of Section 25-F of the Act, entire back wages should be awarded. A host of factors
like the manner and method of selection and appointment i.e. whether after proper advertisement of the vacancy
or inviting applications from the employment exchange, nature of appointment namely, whether ad hoc, short
term, daily wage, temporary or permanent in character, any special qualification required for the job and the
like should be weighed and balanced in taking a decision regarding award of back wages. One of the
important factors which has to be taken into consideration is the length of service, which the workman had
rendered with the employer. If the workman has rendered a considerable period of service and his services
are wrongfully terminated, he may be awarded full or partial back wages keeping in view the fact that at this
age and the qualification possessed by him he may not be in a position to get another employment. However,
where the total length of service rendered by a workman is very small, the award of back wages for the
complete period i.e. from the date of termination till the date of the award, which our experience shows is
often quite large, would be wholly inappropriate. A regular service of permanent character cannot be
compared to short or intermittent daily wage employment though it may be for 240 days in a calendar year.”
15. The Hon’ble Apex Court while considering the violation of Section 25-F of the Act in Incharge Officer & Anr.
V. Shankar Shetty, (2010) 9 SCC 126: 2010 LLR 1137 and after referring to the various decisions, held that the relief by
way of back wages is not automatic and compensation instead of reinstatement has been held to meet the ends of justice
and it was observed as under:-
1086
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
“2. Should an order of reinstatement automatically follow in a case where the engagement of a daily wager
has been brought to end in violation of Section 25F of the Industrial Disputes Act, 1947(for short “the ID
Act”)? The course of the decisions of this Court in recent years has been uniform on the above question.
3. In Jagbir Singh V. Haryana State Agriculture Mktg. Board, (2009) 15 SCC 327, delivering the judgment
of this Court, one of the us (R.M. Lodha, J.) noticed some of the recent decisions of this Court, namely, U.P.
State Brassware Corpn. Ltd. V. Uday Narain Pandey, (2006) 1 SCC 479; Uttaranchal Forest Development
Corpn. V. M.C. Joshi, (2007) 9 SCC 353; State of M.P. v. Lalit Kumar Verma, (2007) 1 SCC 575; M.P.
Admn. V. Tribhuban, (2007) 9 SCC 748; Sita Ram v. Moti Lal Nehru Farmers Training Institute, (2008)5
SCC 75; Jaipur Development Authority v. Ramsahai, (2006) 11 SCC 684; GDA v. Ashok Kumar, (2008) 4
SCC 261 and Mahboob Deepak v. Nagar Panchayat, Gajraula, (2008) 1 SCC 575 and stated as follows:
(Jagbir Singh case (2009) 11 SCC 327, SCC pp. 330 & 335, paras 7 & 14)
“7. It is true that the earlier view of this Court articulated in many decisions reflected the legal position that
if the termination of an employee was found to be illegal, the relief of reinstatement with full back-wages
would ordinarily follow. However, in recent past, there has been a shift in the legal position and in a long
line of cases, this Court has consistently taken the view that relief by way of reinstatement with back-wages is
not automatic and may be wholly inappropriate in a given fact situation even though the termination of an
employee is in contravention of the prescribed procedure. Compensation instead of reinstatement has been
held to meet the ends of justice.
14. It would be, thus, seen that by a catena of decisions in recent time, this Court has clearly laid down that
an order of retrenchment passed in violation of Section 25F although may be set aside but an award of
reinstatement should not, however, be automatically passed.”
16.
Yet, in another latest case, the Hon’ble Apex Court in District Development Officer Vs. Suresh 2018 LLR 225
awarded lump sum compensation of Rs.2.50 lac in lieu of reinstatement with back wages where the workman was daily
wager and have served the management only for two and half years in the case in hand.
17.
In view of legal position discussed above, this Court is of the view that workman herein was not holding a
regular or permanent post nor he was recruited against the post is a regular manner. In such circumstances, it is
appropriate to grant reasonable compensation instead of reinstatement with back wages.
18.
As such, having due regard to the facts and circumstances, an amount of Rs.3,00,000/- (Three Lakh) appears to
be just and reasonable to which the workman is entitled. In case, the amount of Rs.3,00,000/- not paid within one month
from the date of publication of the award, the workman is held be entitled to 6% interest from the date of reference till
payment. Let copy of the award be sent to the Central Government for publication as required under Section 17 of the
Act.
A. K. SINGH, Presiding Officer
नई द ली, 26 फरवरी, 2019
का.आ.
का.आ.
का.आ.
का.आ. 356
356
356
356.—औोिगक िववाद अिधिनयम 1947 (1947 का 14) क धारा 17 के अनुसरण मA के23ीय सरकार
मेसस? भारतीय जीवन बीमा िनगम के (बंधतं< के संब_ िनयोजक, और उनके कम?कार, के बीच अनुबंध मA िन`द? औोिगक
िववाद मA के23ीय सरकार औोिगक अिधकरण एवं 5म 2यायालय-1, दली के पंचाट (संदभ? संVया 04/2017) को (कािशत
करती है जो के23ीय सरकार को 18.02.2019 को (ा 0आ था।
[सं. जेड-16025/4/2019-आईआर(एम)]
डी. के. िहमांशु, अवर सिचव
New Delhi, the 26th February, 2019
S.O. 356.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 04/2017) of the Central Government Industrial Tribunal/Labour
Court-1, Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of M/s. Life Insurance Corporation of India and their workman, which was received by the Central
Government on 18.02.2019.
[No. Z-16025/4/2019-IR(M)]
D.K. HIMANSHU, Under Secy.
¹Hkkx IIµ[k.M 3(ii)º
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1087
ANNEXURE
IN THE COURT OF SHRI AVTAR CHAND DOGRA : PRESIDING OFFICER CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT No. 1, CHANDIGARH : NEW DELHI
ID No. 04/2017
Shri Manmod Shankar S/o Shri Govind Prasad,
R/o.13/624 Sector 13 Vadundhara, Ghaziabad (UP).
… Workman/Claimant
Versus
1. M/s. LIC of India, represented by
Divisional Manager, Divisional Office-II,
9th Floor, Scope Meenar, Laxmi Nagar,
New Delhi 110092.
2. The Delhi Zonal Office,
Jeevan Bharti Building,
Parliament Street, New Delhi 110001.
… Management
AWARD
This Award shall decide a claim petition filed directly by the workman/claimant Manmod Shankar under Section 2-A of
the Industrial Disputes Act, 1947 (in short “the Act”), inter-alia with the averments that the claimant/workman had been
working as Assistant under the Management since 25/9/1989. A charge sheet dated 30/7/2015 was issued to the
workman/claimant basis domestic enquiry was conducted against him and on the basis of enquiry report, the Disciplinary
Authority vide order dated 23/7/2016 imposed penalty of dismissing the workman from service. The workman filed
appeal against the said order but to no avail. It has been alleged that his services have been terminated illegally and
without following the principle of natural justice, inasmuch as when he had appeared before the Enquiry Officer for the
first time on 15/1/2015, he had submitted that he has not received copy of the charge sheet and demanded for the same
but no copy of the charge sheet was provided to him and in fact he has not received copy of the charge sheet till date.
The enquiry was conducted against the principle of natural justice. The workman approached the Conciliation Officer
but no settlement was arrived at. The claimant is unemployed since the day of his termination/ dismissal from service.
Prayer has been made for reinstatement of the workman into service with full back wages and continuity of service.
3.
Management resisted the claim petition by filing written statement and took preliminary objections that the
claim petition is totally false and not maintainable. It is alleged that in fact the workman was transferred from Branch
No.11-M to Branch No.11-L at Narela vide office order dated 21/3/2015 and despite relieving from the concerned
branch on 1/4/2015, the workman did not join his duties at Branch No.11-L rather remained absent from duties
w.e.f.2/4/2015 without any information and all communication sent to him were refused by him. Consequently, charge
sheet dated 30/7/2015 was issued to him. Proper enquiry was conducted against him and he appeared before the
Enquiry Officer during proceedings on 15/10/2015 but thereafter opted not to participate in the proceedings and hence
the enquiry officer proceeded in the matter & submitted his enquiry report dated 23/1/2016. Thereafter a show cause
notice dated 12/4/2016 was sent to the workman. It has been alleged that fullest opportunity of being heard was given to
the workman before passing the impugned order dated 23/7/2016. Prayer has been made for dismissal of the claim
petition.
4.
Rejoinder was filed on behalf of the workman wherein he reiterated the averments made in the claim petition
and denied the allegations as made in reply/written statement of the Management.
5.
On the pleadings of the parties, following issues were framed on 12/3/2009:-
i)
Whether termination of the claimant vide order dated 23.7.2016 by the management is wrong, illegal and
against principle of natural justice ?
ii)
Whether the claimant is entitled to reinstatement with full back wages, as alleged ?
iii)
Whether the petition is not legally maintainable in view of various preliminary objections ?
6.
The workman/claimant examined himself as WW1 & filed his affidavit ExWW1/A and relied on the documents
Ex.WW1/1 to Ex.WW1/33. On the other hand, the Management examined two witnesses namely Shri Alok Kumar
Srivastava, Administrative Officer as MW1 who filed his affidavit Ex.MW1/A alongwith documents Ex.MW1/1 to
Ex.MW1/4 and one Shri B.K.Kashyap, Manager/Enquiry Office4r who also filed his affidavit Ex.MW2/A & relied on
documents Ex.MW2/1 & MW2/2 (colly.).
7.
I have heard Shri B.S. Rawat, A/R for the workman and Shri Sunil Mittal, A/R for the Management and have
gone through the record carefully.
1088
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Issue No.1 to 3 :
8.
All these issues are being taken up together for the purpose of discussion and they can be conveniently disposed
of.
9.
Although a preliminary objection was taken by the Management that since the workman/claimant is governed
by the rules framed under Section 48 of LIC Act, 1956, the present dispute raised under ID Act is not legally
maintainable, however, same was not heavily pressed by the learned A/R for the Management during the course of
arguments. Even otherwise the claimant/workman was admittedly working as an Assistant and was performing the
duties of clerical nature. He was not having any supervisory or managerial power. Relationship of employer-employee
between the Management and the claimant is not in dispute. As such, the objection taken by the Management is not
sustainable.
10.
It a matter of record that the claimant/workman was removed from service vide order dated 23/7/201, pursuant
to the domestic enquiry conducted against him. Perusal of the record shows that this Tribunal vide detailed order dated
01/10/2018 has held the departmental inquiry was conducted in a fair and proper manner and that proper opportunity was
given to the workman to defend himself and as such inquiry was conducted following the principles of natural justice.
11.
During the course of arguments, A/R for the workman/claimant submitted that since the claimant has already
rendered 27 years’ of unblemished service with the Management Corporation, the punishment of removal from service
awarded against the workman/claimant vide impugned order dated 23/7/2016 is very very harsh & disproportionate to
the charges leveled against him. He placed reliance on the decisions of Hon’ble Supreme Court in the case of Girish
Bhushan Goyal Versus. BHEL and another, 2014(3) Recent Services Judgements 364; and of Gujarat High Court
in the appellant establishment of Cholpadi Jagannath Kamath Vers. PSV Mallya & others, 2006(3) Recent
Services Judgements 494 to urge that since the punishment so awarded to him is exorbitant and disproportionate,
lenient view be taken while exercising powers under Section 11-A of the Act.
12.
Per contra, learned A/R for the Management argued that action of the Disciplinary Authority while passing the
dismissal order is commensurate to the gravity of misconduct proved against the claimant/workman. It is submitted that
the claimant/workman earlier also had mis-conducted several times, inasmuch the first chargesheet dated 3/5/2001
issued to the workman had culminated into penalty of censure; second chargesheet dated 29-11-2010 culminated into
penalty of reduction to basic pay by three stages; and third chargesheet dated 31-1-2015 had culminated into penalty of
reduction of basic pay by five stages. As such, the workman is not entitled to any leniency.
13.
There is no dispute that Section 11-A of the Act empowers this Tribunal to interfere with the quantum of
punishment in appropriate cases (See. - decisions of Hon’ble Apex Court in the case of Pepsu Road Transport
Corporation Versus Rawel Singh, 2008 AIR (SCW) 2099; of Punjab & Hayana High Court in the case/s of Punjab
National Bank Vs. The Presiding Officer, CGIT & another 2012 (2) SLR 631; Harnek Singh Versus State of
Haryana & others 2010(3) SLR 276 and Joginder Lal Versus The Presiding Officer, Labour Court, Ambala &
another 1996() SCT 436). Section 11-A of the Act empowers this Tribunal to interfere with the quantum of punishment.
Reference in this respect may be made to the decisions of Hon’ble Apex Court in the case of Pepsu Road Transport
Corporation Versus Rawel Singh, 2008 AIR (SCW) 2099; of Punjab & Hayana High Court in the case/s of Punjab
National Bank Vs. The Presiding Officer, CGIT & another 2012 (2) SLR 631; Harnek Singh Versus State of
Haryana & others 2010(3) SLR 276 and Joginder Lal Versus The Presiding Officer, Labour Court, Ambala &
another 1996() SCT 436. The discretion is to be exercised judiciously in such cases where order of punishment is quite
harsh & disproportionate to the gravity of misconduct of the official concerned.
14.
Recital of charge sheet Ex. MW2/1 shows that the claimant/workman in disobedience to the transfer order dated
21/3/2015 did not join his duties at Narela Branch despite having relinquished the charge at Shahdara Branch and thus
remained absent from duties w.e.f. 2/4/2015. Thus, in short, the domestic enquiry related to unauthorized absence of the
workman/claimant from duty. This Tribunal vide a detailed and speaking order dated 1/10/2018 has held that
departmental enquiry was conducted in a fair and proper manner, following the principles of natural justice.
Admittedly, the Disciplinary authority had issued show cause notice dated 27/12/2006 prior to passing of the impugned
order and thus proper opportunity was also afforded to the workman/claimant by the Disciplinary Authority. While
concurring with the findings of the Enquiry Officer, the Disciplinary Authority vide impugned order dated 23/7/2016
has awarded punishment of major penalty of “Removal from service”.
15.
In the case of Girish Bhushan Goyal (supra), there were allegations of misconduct of negligence against the
official/appellant under Rule 5(5) and 5(9) of the BHEL Conduct Rules and hence dismissal of the appellant from service
in that case was considered to be disproportionate to the gravity of misconduct. Similarly, facts in the case of Cholpadi
Jagannath Kamath (supra) were that the bank Officer while sanctioning loans in favour of certain parties had exceeded
his limits/powers and thus misconducted himself. Since there was nothing on record to show that the Bank suffered
losses due to such misconduct on the part of the said charged Officer, Hon’ble Court while setting aside the order of his
removal from service, granted him the relief of retirement benefits and other monetary benefits but without any back
wages.
16.
It is settled law that punishment/penalty to be imposed by the Disciplinary Authority against the charged
official ought to be commensurate with the gravity of alleged misconduct and the Disciplinary Authority should not be
influenced with the previous conduct of the official, for which suitable penalty has already been imposed upon him.
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1089
17.
Having regard to the ratio of aforesaid rulings, coupled with gravity of the misconduct relating to unauthorized
absence from duty by the claimant, this Tribunal is of considered opinion that the quantum of punishment awarded to
the workman/claimant by the Management is disproportionate & excessively high, inasmuch as unauthorized absence
from duty is not a kind of misconduct of moral turpitude or indulging in corrupt practices, warranting imposition of
penalty of dismissal/removal from service. To my mind, ends of justice would be met if punishment of “removal from
service” awarded against the claimant is set aside and he is ordered to be reinstated into service, however, without any
pecuniary/monetary benefits during the intervening period i.e. from the date of his removal from service till publication
of the Award. Award is passed accordingly.
Dated : 11.02.2019
AVTAR CHAND DOGRA , Presiding Officer
ubZ fnYyh] 26 Qjojh] 2019
dk- vk- 357-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if’pe
रेलवे izca/krarz ds lc) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k vgenkckn ds iapkV ¼lanHkZ la[;k 73@2005½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks 26-02-2019
izkIr gqvk FkkA
[la- ,y&41012@76@2004&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 357.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 73/2005) of the Cent.Govt.Indus.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 26.02.2019.
[No. L-41012/76/2004–IR(B-1)]
B.S. BISHT, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
AHMEDABAD
Present : Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court,
Ahmedabad, Dated 07th February, 2019
Reference: (CGITA) No. 73/2005
The Divisional Railway Manager,
Western Railway, Rajkot Division,
Division Office, Kothi Compound,
Rajkot (Gujarat) - 360001
…First Party
V/s
The General Secretary,
Railway Workers Union,
22, Shaligram II, Ashram Road, Motera Road, Sabarmati,
Ahmedabad (Gujarat) - 380005
…Second Party
For the First Party
: Shri H.R. Raval
For the Second Party
: Mrs. K.L. Kalwani
AWARD
The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41012/76/2004–IR(B-I)
dated 22.08.2005 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the
matter specified in the Schedule:
1090
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
SCHEDULE
“Whether the action of the management of D.R.M., Western Railway, Rajkot in not giving compassionate
appointment to Shri Ratan Singh J. in place of late Shri Jesingh Dhura is justified or not? If not, what relief he is
entitled to?”
1.
The reference dates back to 22.08.2005 and received on 08.09.2005 from Ministry of Labour and Employment,
New Delhi for adjudication and passing the award.
2.
After issuing notice to both the parties, the second party submitted the statement of claim Ex. 2 on 02.01.2006
and the first party submitted the written statement Ex. 9 on 05.07.2018.
3.
The advocate for the workman Mrs. K.L. Kalwani submit an application Ex. 10 with a statement of the
workman that he has taken back the record of file from his advocate Mrs. K.L. Kalwani, therefore, Mrs. K.L. Kalwani
prays for disposal of the case as the Tribunal deems fit. It is noteworthy that the application Ex. 10 reveals that the
workman took the record back from the advocate on 13.10.2013 and since then the workman has been absent in the case
for leading evidence.
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 D.R.M., Western Railway, Rajkot in not giving compassionate
appointment to Shri Ratan Singh J. in place of late Shri Jesingh Dhura is justified.”
P. K. CHATURVEDI, Presiding Officer
ubZ fnYyh] 26 Qjojh] 2019
dk- vk- 358-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj if’pe
रेलवे izca/krarz ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k vgenkckn ds iapkV ¼lanHkZ la[;k 03@2012½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks 26-02-2019
izkIr gqvk FkkA
[la- ,y&41011@97@2011&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 358.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 03/2012) of the Cent.Govt.Indus.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 26.02.2019.
[No. L-41011/97/2011– IR(B-1)]
B.S. BISHT, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
AHMEDABAD
Present : Pramod Kumar Chaturvedi, Presiding Officer, CGIT cum Labour Court,
Ahmedabad, Dated 07th February, 2019
Reference: (CGITA) No. 03/2012
The Divisional Railway Manager,
Western Railway,
Pratapnagar,
Baroda (Gujarat) - 390004
…First Party
V/s
The President,
General Workmen’s Union,
Sinduri Mata Devasthan, S.T. Nagar Road,
Godhra (Gujarat) - 389001
…Second Party
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1091
For the First Party
: Shri Rajesh Singh Thakur
For the Second Party
: Shri J.K. Ved
AWARD
The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-41011/97/2011–IR(B-I)
dated 29.12.2011 referred the dispute for adjudication to the Central Government Industrial Tribunal cum Labour Court,
Ahmedabad (Gujarat) in respect of the matter specified in the Schedule:
SCHEDULE
“Whether the demand of the union for compassionate appointment to Shri Ishwarbhai Raijibhai Khant S/o
(Late) Shri Raijibhai Nanabhai Khant is legal and justified? To what relief the union is entitled?”
1.
The reference dates back to 29.12.2011 and received on 11.01.2012 from Ministry of Labour and Employment,
New Delhi for adjudication and passing the award.
2.
After issuing notice to both the parties, the second party submitted the statement of claim Ex. 5 on 06.12.2012
along with authority letter Ex. 4 of Shri J.K. Ved. On 28.11.2016, Shri Rajesh Singh Thakur submitted the vakalatpatra
Ex. 7 on behalf of the first party and also submitted the written statement Ex. 8 on 19.04.2018.
3.
The case was listed for evidence of the second party but today on 07.02.2019, Shri J.K. Ved, The President,
General Workmen’s Union, Sinduri Mata Devasthan, S.T. Nagar Road, Godhra requested the Tribunal to withdraw the
case for non-cooperation of the second party workman to lead his evidence.
4.
Thus the reference is disposed of as withdrawn.
P. K. CHATURVEDI, Presiding Officer
ubZ fnYyh] 26 Qjojh] 2019
dk- vk- 359-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj Hkkjrh;
LVsV cSad izca/krarz ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k vgenkckn ds iapkV ¼lanHkZ la[;k 728@2004½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks
26-02-2019 izkIr gqvk FkkA
[la- ,y&12012@61@2001&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 359.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 728/2004) of the Cent.Govt.Indus.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 26.02.2019.
[No. L-12012/61/2001– IR(B-1)]
B.S. BISHT, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
AHMEDABAD
Present : Pramod Kumar Chaturvedi, Presiding Officer, CGIT-cum-Labour Court,
Ahmedabad, Dated 05th February, 2019
Reference: (CGITA) No. 728/2004
The Manager,
State Bank of Saurashtra (Now State Bank of India),
Gandhigate Branch, Gandhigate Road,
Vadodara (Gujarat) - 390017
…First Party
V/s
The General Secretary,
Group Sangharsh General Kamdar Mandal,
Fatehpura, Harni Road,
Vadodara (Gujarat) - 390017
…Second Party
1092
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
For the First Party
: Shri D.C. Gandhi
For the Second Party
: Shri Hitesh D. Kathrotiya
AWARD
The Government of India/Ministry of Labour, New Delhi by reference adjudication Order No. L-12012/61/2001–IR(B-I)
dated 14.05.2001 referred the dispute for adjudication to the Industrial Tribunal, Ahmedabad (Gujarat) in respect of the
matter specified in the Schedule:
SCHEDULE
“Whether Shri Saleembhai Rashid Mohammed Makrani has put in continuous service in the Bank as per
provisions of Section 25 B of the Industrial Disputes Act? If so, whether the action of the State Bank of
Saurashtra, Gandhigate Branch, Baroda through its Officers in discontinuing/terminating the services of the
workman w.e.f. 27.12.1999 is justified? If not, what relief the concerned workman is entitled?”
1. The reference dates back to 14.05.2001 and received on 04.06.2001 from Ministry of Labour and Employment, New
Delhi for adjudication and passing the award.
2. After issuing notice to both the parties, the second party submitted the statement of claim Ex. 2 on 01.10.2001 and the
first party submitted the written statement Ex. 6 on 08.10.2002.
3. The second party workman hereinafter referred to as “workman” in his statement of claim Ex. 2 has alleged that he
had been in service in the Gandhigate Branch of Baroda of first party The Manager, State Bank of Saurashtra (Now State
Bank of India), Gandhigate Branch, Gandhigate Road, Vadodara, hereinafter referred to as “State Bank” from
27.12.1998 to 27.12.1999 as Peon for Rs.45/- as wages per day. He used to receive the wages through vouchers. He
worked for more than 240 days in the aforesaid period but his services were terminated orally without giving any notice
or paying notice pay. Therefore, he has prayed for reinstatement with back wages being the termination order in violation
of Section 25 F of the Industrial Disputes Act.
4. The first party State Bank in his written statement Ex.6 denying the averments made in the statement of claim has
alleged that the workman never worked for more than 240 days, therefore, not entitled for any notice, notice pay or
compensation. He was not engaged or appointed by due process of recruitment rules. He was not serving on any
sanctioned or permanent post. Therefore, the reference is liable to be disposed of as dismissed.
5. The second party workman submitted the documents vide list Ex. 7 namely notice given by the union to the State
Bank and representation regarding taking him in service before Re-conciliation Officer on 09.09.1990.
6. The first party State Bank submitted the copies of vouchers vide Ex. 14 regarding payment of wages during the period
of engaged from 27.12.1998 to 27.12.1999.
7. On the basis of the pleadings, the following issues arise:
i.
Whether Shri Saleembhai Rashid Mohammed Makrani has put in continuous service in the Bank as per
provisions of Section 25-F of the Industrial Disputes Act?
ii.
Whether the action of the State Bank of Saurashtra, Gandhigate Branch, Baroda through its Officers in
discontinuing/terminating the services of the workman w.e.f. 27.12.1999 is justified?
iii.
To what relief, if any, the concerned workman is entitled?
8. Issue No. i, ii and iii: As all the issues are interrelated, therefore, are decided together. The burden of proof of these
issues lies on the second party workman who vide Ex. 8 in his examination-in-chief reiterated the averments made in the
statement of claim and in his cross-examination has not said anything contrary to the examination-in-chief but has not
proved that he was appointed by way of due procedure provided in the recruitment rules of the first party State Bank. He
has simply worked for a year for total 227 days which is less than 240 days as shown in the certificate Ex.16 issued by
the Manager, State Bank of Saurashtra submitted by the workman. The first party did not prefer to give any oral
evidence.
9. I perused the oral and documentary evidence and considered the arguments of the parties. This is a case where the
workman has not worked for more than 240 days in the one year of service in question. The argument of the second
party is that he was engaged by inviting the names from Employment Exchange. Thus he was appointed by due
procedure of recruitment rules but he has failed to establish that the appointment after inviting names from Employment
Exchange does cover as an appointment under recruitment rules. Therefore, the reference has no force. However, it
would be equitable to award Rs. 40000/- (Rupees Forty Thousand) as a lump-sum compensation to the second party
workman Saleembhai Rashid Mohammed Makrani.
10. The first party The Manager, State Bank of Saurashtra (Now State Bank of India), Gandhigate Branch, Gandhigate
Road, Vadodara is directed to pay the aforesaid amount of Rs. 40000/-(Rupees Forty Thousand) to the second party
workman Saleembhai Rashid Mohammed Makrani within 2 months from the date of publication of the award. All the
issues are decided accordingly.
11. The award is passed accordingly.
P. K. CHATURVEDI, Presiding Officer
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1093
ubZ fnYyh] 26 Qjojh] 2019
dk-vk- 360-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
आईसीआईसीआई (ूडAिशयल लाइफ इं^योरAस कंपनी िल- izca/kra=z ds lac) fu;kstdks vkSj muds deZdkjksa ds chp vuqca/k esa
fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k gSnjkckn ds iapkV ¼lanHkZ la[;k 5@2015½ dks izdkf’kr
djrh gS] tks dsUnzh; ljdkj dks 26-02-2019 izkIr gqvk FkkA
[la- ,y&12025@01@2019&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 360.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government
hereby publishes the Award (Ref. No. 5/2015) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Hyderabad as shown in the
Annexure, in the industrial dispute between the management of ICICI Prudential Life Insurance Co. Ltd and their workmen,
received by the Central Government on 26.02.2019.
[No. L-12025/01/2019– IR(B-1)]
B. S. BISHT, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present : Sri Muralidhar Pradhan, Presiding Officer
Dated the 24th day of January, 2019
INDUSTRIAL DISPUTE L.C.No. 5/2015
Between:
Sri K. Srikanth
S/o Late K.S. Rao,
R/o Flat No.306, Arundhathi Apartment,
Chaitanyapuri, Hyderabad – 500 060.
… Petitioner
AND
1.
The Managing Director & Chief Executive
Officer, ICICI Prudential Life Insurance Co.Ltd.,
Regd. Office: ICICI PruLife Towers,
Mumbai 400 051.
2.
Chief Human Resource manager,
ICICI Prudential Life Insurance Co.Ltd.,
1089 Appasabed Marathe Marg,
Prabhadevi, Mumbai 400 025.
3.
Senior Vice President,
ICICI Prudential Life Insurance Co.Ltd.,
M.B. Towers, 8-2-624/A/7, Road No.10,
Banjara Hills, Hyderabad -500 034.
4.
Associate Vice President,
ICICI Prudential Life Insurance Co.Ltd.,
M.B. Towers, 8-2-624/A/7, Road No.10,
Banjara Hills, Hyderabad -500 034.
5.
Senior Human Resource Manager,
ICICI Prudential Life Insurance Co.Ltd.,
M.B. Towers, 8-2-624/A/7, Road No.10,
Banjara Hills, Hyderabad -500 034.
…Respondents
Appearances:
For the Petitioner : M/s. Vanam Vishwanatham & Dushyantala Rudra, Advocates
For the Respondent : M/s. CRS Associates, Advocates
1094
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
AWARD
Sri K. Srikanth, the Petitioner who worked as Manager in the Respondent bank has filed this petition under Sec. 2A(2)
of the Industrial Disputes Act, 1947 against the Respondents ICICI Prudential Life Insurance Co. Ltd., seeking for
declaring the termination order dated 30.12.2014 of the Petitioner as illegal, arbitrary and consequently directing the
Respondents to reinstate the Petitioner into service with continuity of service, with full back wages and all other
attendant benefits etc., and such other reliefs as this court may deem fit.
2.
The Petitioner workman has filed his claim petition and the Respondents have also filed their respective
counter statement.
3.
Before the stage of hearing, the Respondents filed one IA bearing No.37/2017 questioning the jurisdiction of
this Tribunal to decide the present dispute. After hearing both the sides at length, IA No.37/2017 was allowed vide
order dated 24.10.2018.
4.
In view of the order passed in IA No.37/2017, wherein it was held that this Tribunal has got no territorial
jurisdiction to sit over the matter, thus, the present LC No.5/2015 becomes infructuous and is liable to be dismissed. In
the circumstances stated above, ‘No dispute’ award is passed.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 24th day of January,
2019.
MURALIDHAR PRADHAN , Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
ubZ fnYyh] 26 Qjojh] 2019
dk- vk- 361-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj दिण
मय रेलवे izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k gSnjkckn ds iapkV ¼lanHkZ la[;k 88@2018½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks 26-02-2019
izkIr gqvk FkkA
[la- ,y&41011@01@2018&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 361.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 88/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of S.C. Railway and their
workmen, received by the Central Government on 26.02.2019.
[No. L-41011/01/2018– IR(B-1)]
B.S. BISHT, Under Secy.
¹Hkkx IIµ[k.M 3(ii)º
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1095
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present: Sri Muralidhar Pradhan, Presiding Officer
Dated the 22nd day of January, 2019
INDUSTRIAL DISPUTE No. 88/2018
Between:
The General Secretary,
Railway Contract Workers & Employees Union (CITU),
NPR Sramik Bhawan, 1st Lane,
Sundarnagar,
BRTS Road, Durgapuram,
Vijayawada (A.P.) -3.
…Petitioner
AND
1. The Sr. Divisional Mechanical Engineer,
C & W/S.C. Railway, DRM Office Complex
Vijayawada (A.P.)
2. The Sr. Section Engineer (SSE),
C & W/Coaching Department, S.C. Railway,
Narsapur Rly Sta., West Godavari Dist..
3. Shri V.A. K. Kumar, MD,
M/s. Sri Sai Investigation & Security Service,
D.No.45-35-3/5, Akkaya Palem,
Visakhapatnam (A.P.)
… Respondents
Appearances:
For the Petitioner : Party in Person
For the Respondent : Party in Person
AWARD
This is a reference issued by the Government of India, Ministry of Labour and Employment, New Delhi vide order
No. L- 41011/01/2018 –IR(B-I) dated 9.7.2018 whereunder this Tribunal is required to adjudicate the dispute i.e.,
“Whether the action of the Management of M/s. Sri Sai Investigation & Security Services, contractor of S.C.
Railway, Vijayawada in non-payment of bonus to the 160 workers employed in mechanized cleaning of
platform No.1 to 6 in Vijayawada Railway Station for the accounting year 2014-15, 2015-16, 2016-17 is legal
and justified? If not, what relief the workmen are entitled to?”
After receiving the above said reference, it was registered as ID No. 88/2018 in this Tribunal and notices were issued to
both the parties and procured their presence.
2.
The case is posted for filing of claim statement and documents by the Petitioner union. At such stage, the
General Secretary of the Petitioners’ Union filed a Memo to withdraw the present case and accordingly, the copy of the
Memo was served to the Respondent.
3.
In view of the memo filed by the General Secretary of the Petitioner’s Union and at the consent of the
Respondent, the Memo was accepted and the case is allowed to be withdrawn by the Petitioner Union.
The reference is answered accordingly. Transmit.
Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, and corrected by me on this the 22nd day of
January, 2019.
MURALIDHAR PRADHAN, Presiding Officer
1096
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
ubZ fnYyh] 26 Qjojh] 2019
dk- vk- 362-&vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj दिण
मय रेलवे izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k gSnjkckn ds iapkV ¼lanHkZ la[;k 23@2008½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks 26-02-2019
izkIr gqvk FkkA
[la- ,y&12025@01@2019&vkbZvkj ¼ch&1½]
Ckh- ,l- fc"V] voj lfpo
New Delhi, the 26th February, 2019
S.O. 362.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 23/2008) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of South Central Railway
and their workmen, received by the Central Government on 26.02.2019.
[No. L-12025/01/2019–IR(B-1)]
B.S. BISHT, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT
HYDERABAD
Present: Sri Muralidhar Pradhan, Presiding Officer
Dated the 29th day of January, 2019
INDUSTRIAL DISPUTE L.C.No. 23/2008
Between:
Sri V. Raghavaiah,
S/o Venkaiah,
C/o M/s. G.V. Subba Rao, Advocates
1-1-230/33, Chikkadapally,
Hyderabad -500 020.
… Petitioner
AND
1.
The Assistant Mechanical Engineer,
South Central Railway,
C & W, Vijayawada.
2.
The Senior Divisional Mechanical Engineer,
South Central Railway,
C&W, Vijayawada.
3.
The Divisional Railway Manager,
South Central Railway,
Vijayawada.
4.
The Secretary,
Union of India, Railway Board,
Rail Bhavan, New Delhi.
…Respondents
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1097
Appearances:
For the Petitioner : M/s. G.V. Subba Rao & S. Anuradha, Advocates
For the Respondent : Sri W.Satyanarayana, Advocate
AWARD
Sri V. Raghavaiah, who worked as Khalasi (who will be referred to as the workman) has filed this petition under Sec.
2A(2) of the Industrial Disputes Act, 1947 against the Respondents seeking for declaring the impugned order No.
B/P.5/III/88/2/C&W, dated 14.7.1988 and No.B/P.90/III/88/4/C&W, dated 26.4.1989 issued by the Respondents as
illegal, arbitrary and to set aside the same consequently directing the Respondents to reinstate the Petitioner into service
duly granting all the consequential benefits such as continuity of service, back wages and all other attendant benefits etc.,
and such other reliefs as this court may deems fit and proper.
2.
The averments made in the petition in brief are as follows:
The case of the Petitioner is that he has been appointed by the first Respondent in the year 1974 as a Khalasi, in the
Respondents’ organization and he was continuously discharging his duties with clean record of service and working as
per the instructions and to the utmost satisfaction of his superiors till he was illegally removed from service by an order
dated 14.7.1988 by the first Respondent. It is stated that on 29.7.1987 he fell sick due to broncautis and other health
complaints and underwent treatment under various medical practitioners at Kavali and also a Civil Assistant Surgeon at
Kavali. He has informed his superiors about his ill-health and also informed about his inability to attend duties to the
Controlling Officer, i.e., Loco Foreman Bittragunta. It is further submitted that after recovering from ill-health he
reported for duty and submitted medical certificates to the controlling officer, but the controlling officer referred him to
the Railway hospital for medical fitness examination. There the Regional Medical Officer kept the Petitioner under sick
list from 24.5.1988 and issued sick certificate bearing No.21057 dated 6.6.1988 and after examining him he issued the
fitness certificate and the same was handed over to the controlling officer. The then controlling officer permitted the
Petitioner to discharge his duties. The Petitioner also stated that having received the medical certificates and also being
aware of his health, the first Respondent for reasons best known to him, issued the removal order dated 14.7.1988. The
cause mentioned in the removal order is, “unauthorized absence w.e.f. 29.7.1987.” The Petitioner submitted that he has
given reasons for his absence as it was due to his ill-health and also produced medical certificates from 29.7.1987. The
first Respondent issued removal order while the Petitioner was discharging duties on 29.7.1988. The Petitioner further
submitted that being aggrieved by the above said removal order he made an appeal dated 10.9.1988 to the Appellate
Authority who passed an order dated 26.4.1989. Thereafter the Petitioner filed the above petition dated 6.6.1989 before
the third Respondent which was not disposed of. The Petitioner also submitted that he submitted reminder letter dated
21.12.1989 and requested his authority to consider his case which was acknowledged by the third Respondent, but the
third Respondent failed to pass another order on his reminders. The Petitioner also filed mercy petition dated 29.4.2004
to the 3rd Respondent which was also pending for disposal. He has taken all efforts to convince his authorities but it
became futile. The Petitioner also submitted that having vexed to the inaction of the 3rd Respondent, he has filed a
mercy petition on 17.9.2004 to the 4th Respondent to consider his case but the 4th Respondent also failed to pass any
order nor made any reply to the Petitioner, inspite of repeated representations of the Petitioner. Therefore, finding no
alternative the Petitioner was constrained to approach this court for redress of his grievance by filing the present dispute.
The delay in raising the present dispute is neither willful nor wanton but due to the inaction of the 3rd and 4th
Respondents and also pending of his review petitions and mercy petitions before the concerned authorities. It is also
submitted that the Respondent management did not assign any valid reason before removing him from service. It is
also stated that the Respondent management has neither given one month notice nor paid retrenchment compensation
before removing him from service. The Respondent management has not settled his final account, i.e., gratuity, PF nor
any other terminal benefits till the date of filing of this case. The Petitioner further submitted that ever since the date of
his removal he remained unemployed and could not secure any alternate employment inspite of his best efforts. Under
the circumstances stated above, the Petitioner submitted to declare the action of the Respondents in removing him from
service by an order dated 14.7.1988 as illegal and unjustified and to direct the Respondents to reinstate him in service
with a continuity of service, back wages and all other attendant benefits in the interest of justice.
3.
All the Respondents filed counter challenging the maintainability of the case and in the counter it has been
stated that the Petitioner has unnecessarily impleaded the Union of India represented by the Secretary,
Railway Board, Rail Bhavan, New Delhi as 4th Respondent in this case which is not a proper party for disposal of this
case and has submitted to delete the fourth Respondent from the cause title of the petition. The Respondents in their
counter while denying all the averments made in the petition, specifically stated that the Petitioner is put to strict proof
of his case. It is further submitted that the records of the above mentioned case files is pertaining to the year 1988, and
it has been destroyed along with other records as the preservation period is over. The Petitioner’s contention is that no
action has been taken on his representations dated 19.4.2004, 17.9.2004 and 11.5.2007 is not correct, as those
representations have not been received in the office of the Respondents. Lastly, the Respondents submitted that in
absence of relevant DAR case files where the disciplinary proceedings / Appeal were processed, it is not possible to file
detailed counter in the present charge sheeted employee and also submitted to close the proceedings, and in view of the
submission made above the Respondents submitted to close the proceeding and pass order for dismissal of the claim
petition in the interest of justice.
4.
As per the averments of both the sides, the following points are to be determined:
I.
Whether the action of the Respondents in dismissing the Petitioner from service is legal and justified?
1098
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
II.
Whether the order No. B/P.5/III/88/2/C&W, dated 14.7.1988 and No.B/P.90/III/88/4/C&W, dated
26.4.1989 issued by the Respondents are legal and valid?
III. Whether the Petitioner is entitled to reinstatement into service?
5.
During the course of hearing the Petitioner has been examined himself as WW1 and also relied on 11
documents which are marked as Ex.W1 to W11. On the other hand, the Respondents also examined one Sr. Clerk of the
office of Respondent No.2, Sri M. Jeevan Paul as MW1 and also relied on 4 documents which are marked as Ex.M1 to
M4.
6.
I have already heard the Learned Counsels for both the sides in the matter. Perused the evidence adduced by
the parties so far.
7.
During the course of arguments the Learned Counsel appearing on behalf of the Petitioner contended that the
Petitioner was appointed as a Khalasi, at Bittragunta, Railway Loco Shed, in the year 1974 and continued to work as
such till 31.7.1988 on which date he was removed from service by R1 by order No. B/P.5/III/88/2/C&W, dated
14.7.1988 and the above order was served on the Petitioner while he was on duty in the loco shed on 29.7.1988. He also
contended that the Petitioner went on leave to Kavali where he fell ill on 29.7.1987 due to broncautis and other health
complaints and underwent treatment under different Registered Medical Practitioners at Kavali and also a Civil
Assistant Surgeon at Kavali. The Petitioner duly informed the Controlling Officer, viz. Loco Foreman Bittragunta
within 24 hours as per rules regarding his sickness. It is also contended that according to the medical rules there is no
prohibition against a Railway Servant to undergo private medical treatment when he is residing beyond 2.5 kms of the
Railway Hospital. The only condition is that he has to inform the Controlling Officer regarding his sickness within 24
hours. Since the Petitioner has complied with the instructions, there is no violation of the medical rules. It is also
contended that on resuming duty with a private medical certificate, is deemed to have been put back to duty within 24
hrs pending production of duty fit certificate from the Railway Doctor. The Railway Doctor issued a fitness certificate
and the absence period of the Petitioner is to be regularized as leave due to him. The applicant was given sick
certificate No.21057 on 6.6.88 placing the Petitioner under sick list from 24.5.88 and the Petitioner on the basis of the
duty fit certificate issued by the Railway Doctor was permitted to join on duty on 17.6.1988. While the Petitioner was
on duty he was served with the removal order dated 14.7.1988 which states that the Petitioner has remained absent from
29.7.1987 without sanction of proper leave or producing any medical certificate from an authorized medical attendant.
The memo sent by registered post with acknowledgement due to the last known address of the Petitioner has been
returned undelivered by the postal authorities. It is therefore reasonably not practicable to hold an enquiry into the case
in accordance with the D & A Rules, as the whereabouts of the employee are not known. The Disciplinary Authority has
therefore come to the conclusion that the Petitioner is not fit to continue in the Railway service and that as per the powers
vested in him under Rule 14(II) of D & A Rules, he has imposed the penalty of removal from service with effect from
31.7.1988. It is further contended that the penalty of removal from service on the Petitioner issued by the Assistant
Mechanical Engineer/C & W/BZA, is dated 14.7.1988 and it was actually served on him on 29.7.1988 under
acknowledgement due. It is also contended that the Respondent has no jurisdiction to impose penalty as he is a Gr. B
officer who has no powers to remove the Petitioner from service and also he has no powers to appoint even a Gr-D
employee and the order of removal is violative of Articles 311(1) of the Constitution and it is to be set aside. It is stated
that in fact, the Petitioner was on duty when the penalty advise was served on him. The Disciplinary Authority in the
penalty advise has stated that the Memorandum sent by Registered Post has been returned as undelivered. The address
of the Petitioner is very much with the Respondent s and the statement that his whereabouts are not known is entirely
false. Even with the penalty advise, the charge memorandum said to have been sent to the known address is not
enclosed. The contention of the Assistant Mechanical Engineer, that it is not practically possible to conduct an enquiry
is not sustainable in view of the fact that the Petitioner resumed duty on 17.6.1988 and at the time of service of the
penalty advise on 29.7.1988 the Petitioner was on duty. Whereas the penalty was to come into force from 31.7.1988 i.e.,
later to the service of the penalty advise. It is further contended that the reasons mentioned in the penalty advise
establishes the fact that the removal order which was passed on is illegal, arbitrary and violative of Articles 311(1), (2),
14,16 and 21 of the Constitution, since no reasonable opportunity had been given to the Petitioner to submit his
explanation for the so called charge sheet issued to him, and the contention that it is not practically possible to conduct
the enquiry will not stand to the scrutiny of law. It is also contended that the Disciplinary Authority has to record in
writing the reasons, as to how it is not practically possible to conduct the enquiry. In absence of such a finding the
entire proceedings are vitiated in law as declared by the Hon’ble Supreme Court in Challappan’s case. It is contended
that the Petitioner has informed the Loco foreman in writing about his sickness as per rules. The duty certificate
issued by the Railway doctor based on private medical certificate is valid, and it cannot be treated as unauthorized
absence. The controlling officer has to accept the medical certificate issued by the private medical practitioner, and the
period of absence is to be treated as leave due on the employee. The Disciplinary Authority without taking into
consideration, the material facts which are available on record has imposed the penalty of removal from service under
the guise of unauthorized absence, even though the Petitioner was on duty when the order of removal was served.
Nothing prevented the Disciplinary Authority to hold an enquiry even before service of penalty advise dated 14.7.1988.
This clearly establishes the fact that the Assistant Mechanical Engineer, arbitrarily and illegally imposed the penalty
violating Articles 311(1), (2) 14, 16 and 21 of the Constitution that too without having any jurisdiction. It is further
contended that even though the Petitioner submitted an appeal against the order of removal before the Divisional
Railway Manager Vijayawada on 29.4.2004 and he also submitted another representation on 17.9.2004 to the Hon’ble
Minister for Railways by Registered Post apart from a personal representation and that was presented to him when he
happened to pass through Bittragunta. Neither the Railway Board, nor the Divisional Railway Manager have taken any
action on the Petitioner’s representations. It is contended that the action of the Assistant Mechanical Engineer, in
¹Hkkx IIµ[k.M 3(ii)º
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1099
imposing the penalty of removal from service on the Petitioner and confirmed by the Appellate Authority is wholly
illegal, arbitrary and violative of the principles of natural justice. Mere absence from duty due to sickness, which is
beyond the control of the Petitioner does not constitute unauthorized absence, even though, not authorized by grant of
leave to attract disciplinary proceedings. It is further contended that after the authorities have doubted the genuineness
of the Medical certificate, produced by the Petitioner the Respondents should have got it verified by the Railway Doctor
as provided under Para 4 of Rule 538 of the Indian Railway Medical manual-I and without subjecting the said
certificate produced by the Petitioner for verification by the Railway Medical Officer, the authorities were not justified
in rejecting the medical certificate, doubting the genuineness of the certificate issued by the private medical practitioner.
It is therefore to be understood that the Railway doctor certified the sickness of the Petitioner. the Respondents
suppressed the facts and the Assistant mechanical Engineer without verifying the muster rolls and also the private
medical certificates produced by the Petitioner, without following the D & A Rules imposed the penalty of removal,
when he has no jurisdiction to impose such punishment even without conducting an enquiry. The charge is only
alleged unauthorized absence, and it is not so grave as to warrant the penalty of removal from service dispensing with
the statutory provisions of enquiry. The reasons assigned for not conducting enquiry cannot be sustained as per law
and it is a clear violation of Article 311(2), as the Petitioner has not committed any serious offence. The action of the
Disciplinary Authority mentioning that it is not practically possible to conduct enquiry and dispensing with the enquiry
is not valid in law, as no serious situation existed at the relevant point of time to dispense with the enquiry. A mere
statement that the address is not available is not a substitute for not adopting other modes of service as declared by the
Hon’ble Supreme Court, if the statement that the charge memorandum was returned unserved as is correct, no proof
was enclosed with the penalty advise. It is also contended that the Disciplinary Authority without following statutory
provisions under D & A Rues removed the Petitioner from service under the guise of non practicability of conducting of
enquiry, which is not sustainable and the entire proceedings are ab initio void. The action of the Appellate Authority
rejecting the Petitioner’s appeal by confirming the orders of the Disciplinary Authority is arbitrary and illegal and
without application of mind. The action of the Revising Authority in not considering his review petition is arbitrary and
illegal. It is contended that imposition of penalty of removal from service is too harsh, excessive and disproportionate
to the charges alleged. The Petitioner has no other employment or any other source of livelihood. It is further contended
that under the circumstances stated above, the court may be pleased to declare the impugned order
No. B/P.5/III/88/2/C&W, dated 14.7.1988 and No.B/P.90/III/88/4/C&W, dated 26.4.1989 issued by the Respondents as
illegal and arbitrary, and to set aside the same and consequently direct the Respondents to reinstate the Petitioner into
service duly granting all other consequential benefits such as continuity of service, back wages and pass such other
order/order as the court may deem fit in the circumstances of the case.
8.
On the other hand, the Learned Counsel appearing on behalf of the Respondents contended that the
Respondents in their counter have already denied the facts mentioned in the claim petition. The records of the case files
of the Petitioner pertaining to the year 1988 have been destroyed along with other records as the preservation period is
over. The Petitioner’s contention that no action was taken on his representations dated 19.4.2004, 17.9.2004 and
11.5.2007 stated to have been given is not correct as the said representations have not been received in the office of the
Respondents. It is further contended that during the course of hearing of the case the Respondents have examined one of
their Sr. Clerk as MW1 who in his evidence has stated that the muster rolls pertaining to the years 1985, 1986, 1987 &
1988 reveals the number of days absent for duty, and except the muster rolls, no other records are available in their
office . The muster rolls reveals the total number of days absent for duty of the Petitioner which is mentioned below for
ready reference:
It is also contended that the Petitioner submitted one appeal against the order of removal on 10.9.1988 and the said
appeal has been rejected by the DPO/Vijayawada on 26.4.1989. The applicant further submitted one review petition on
Sl. No.
Period
Days Absent
1.
25.1.1985 to 31.12.1985
340
2.
1.1.1986 to 28.4.1986
19.6.1986 to 24.6.1986
13.8.1986 to 8.9.1986
118
6
27
3.
15.3.1987 to 18.3.1987
16.6.1987 to 18.6.1987
25.7.1987
27.7.1987 to 31.12.1987
4
3
1
125
4.
1.1.1988 to 23.5.1988
144
1100
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
21.12.1989 to the DRM/SCR/Vijayawada. The applicant submitted one review petition, but he kept quite for 15 years
i.e., from 21.12.1989 to 29.4.2004 and submitted representation on 29.4.2004 for which the Petitioner has not given any
answer. It is further contended that the Petitioner in his representation dated 29.4.2004 has submitted that consequent
upon removal from service, and having been thrown out of employment he was mentally deranged and roaming about
one place to the other and he had been given treatment for his mental derangement at Madras. After prolonged
treatment for several years he recovered from mental disorder and he is now in a position to discharge his duties. This
shows that the Petitioner was on leave for a long period and the same was not intimated to his authority. It is further
contended that this present dispute is not filed in time and it is barred by limitation. The Petitioner himself delayed the
matter and not appeared in time and deliberately has filed this case after destroying the records. It is contended that in
view of the facts stated above, there is no merit in the present petition filed by the Petitioner and the same is liable to be
rejected.
9.
Point Nos.I to III: On consideration of the rival contentions of both the sides and on perusal of the evidence
adduced so far by the parties it is noticed that the Petitioner has admitted that he was continuously discharging his duties
with clean record and working as per the instructions and to the utmost satisfaction of his superiors till he was illegally
removed from service by an order dated 14.7.1988 passed by Respondent No.1 is in fact not correct. In this case the
Petitioner has challenged the order bearing No. B/P.5/III/88/2/C&W, dated 14.7.1988 and No.B/P.90/III/88/4/C&W,
dated 26.4.1989 by filing the claim petition after a lapse of 20 years. No reasonable explanation is given by the
Petitioner about the delay in filing the present LC. The Petitioner/workman was examined himself as WW1 and fully
supports the averments made in his claim petition. But in his cross examination, he clearly admitted that he has no proof
to show that medical certificates dated 27.8.1987, 29.8.1987, 10.5.1988 and 23.5.1988 were submitted by him to the
Controlling Officer. He further admitted that in the removal order the reasons were clearly stated which was to be
effective from 30.8.1988. He denied to the suggestion of the management that he intentionally did not attend the enquiry
proceeding. He admitted that he has filed appeal against the removal order and the said appeal was dismissed. He has
also filed review petition and that was also dismissed, but he further admitted that he had filed several mercy petitions
upto the year 2004, but no action was taken on those mercy petitions. Then he is forced to file the present petition. But
he clearly admitted that he has not filed the copy of the mercy petitions filed prior to 29.4.2004 before this Tribunal.
Thus, non-filing of the copies of the mercy petitions clearly raises a doubt in the mind of this court to believe whether
any mercy petition had been filed by the workman prior to 29.4.2004 or not. The workman declined to the suggestion of
the management that he has not filed any mercy petitions and remained silent for a period of more than 14 years without
taking any action after the order of his dismissal. He also declined to the suggestion of the management that he has filed
this claim petition after destruction of the record of the management, and he has not pursued his case before the
management. He also declined to the suggestion of the management that he has intentionally not participated in the
enquiry. He clearly admitted that he did not file any medical certificate to prove that he was mentally derailed and took
treatment at Madras for several years. In fact the Petitioner had filed one representation on 29.4.2004 in which at page 2,
he has mentioned that “Consequent on removal of service and having been thrown out of employment I was mentally
deranged and roaming about one place to another and I had been given treatment for my mental derangement at Madras.
After prolonged treatment for several years I recovered from the mental disorder and I am now in a position to discharge
my duties.” Even though the Petitioner had admitted the above fact, it is not known what prevented him to file any
document before this Tribunal regarding his treatment at Madras. This shows that the Petitioner has not come to the
court with clean hand. On the other hand, MW1 while supporting the averments made in his counter has admitted that
normally they did not preserve 20 years old records for more than 20 years. But in case of the present Petitioner, it has
been left to be weeded out. He declined to the suggestion of the Petitioner that the xerox copies of the muster rolls filed
by the Department under Ex.M1 to M4 are forged and fabricated documents. He further declined to the suggestion of
the Petitioner that the Petitioner is entitled to get the relief claimed by him. The xerox copies of the muster rolls relied
on from the side of the management clearly goes to show that the Petitioner used to remain absent for a long period.
He has not filed any document to show whether he has attended his duty during the period of absence shown in the
evidence of the management witness. The workman remained absent, the list of absence mentioned in the evidence o the
management witness shows that in the year 1985 the Petitioner was absent for 340 days, in the year 1986 he was absent
for 151 days, in the year 1987 he was absent for 133 days and in the year 1988 he remained absent for 144 days. The
Petitioner has not challenged the above said period of absence. The absentee statement shown in the evidence of the
management witness clearly shows that the workman was absented for a pretty long period. Even if he is found absent
in duty for months together he has not regularized his period of absence. No document has been filed by the Petitioner
to show that under what circumstances he remained absent from duty those days. Admittedly, the workman has not
attended the enquiry and the enquiry has been conducted in his absence. This shows that the Petitioner is not regular in
attending his duty. If an employee of the Department will remain absent for months together it is very difficult to
manage the establishment. More over, even though the workman has been dismissed from service in the year 1988, he
has filed this case in the year 2008, after a long period about 20 years. During the course of argument, the Learned
Counsel for the Respondent also argued that the workman has filed his claim statement after a long period of about 20
years of the order of his dismissal. No satisfactory explanation is offered by him about the unjustified delay in filing
the case. He also contended that prior to September, 2010, Amendment of Sec.3 of the Industrial Disputes Act, 1947
there was no specific limitation for filing of the industrial dispute, but it does not mean that after lapse of several years a
case can be agitated. In fact, in this case the Petitioner he has not explained the delay properly. He has stated that as
because his mercy petition representations were not considered he filed this case after a delay of more than 14 years. In
his evidence he has clearly admitted that he has not filed the copy of any of the mercy petitions submitted by him prior
to 29.4.2004 before this Tribunal. The Learned Counsel for the Respondent also contended that even though the
Petitioner was dismissed from service in the year 1988 he has not taken any steps to file the case soon after the order of
¹Hkkx IIµ[k.M 3(ii)º
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1101
his dismissal nor moved to the authorities of the Labour Department for any redressal. Even though he has filed this
case after a period of more than 19 years he has not given any satisfactory explanation why he has not agitated the
issue before the appropriate forum in time. In support of his contention he also relied on a decision of the Hon’ble High
Court of A.P., reported in 2017 (153)FLR 234 in WP No.5960 of 2011 , between K.R. Reddy and Industrial Tribunal-II,
Hyderabad wherein their Lordships held that, “To claims arising under the Industrial Disputes Act – primary requirement
to refer a dispute – is that dispute must be alive – the manner of espousing grievance is important factor. When the
dispute is not alive no equitable relief is available for the claimants in the courts as per his contention.” “It is now a well
recognized principle of jurisprudence that a right not exercised for a long time is non-existent. Even when there is no
limitation period prescribed by any statute relating to certain proceedings, in such cases Courts have coined the doctrine
of latches and delays as well as doctrine of acquiescence and non-suited the litigants who approached the Court
belatedly without any justifiable explanation for ringing the action after unreasonable delay. Doctrine of latches is in
fact an application of maxim of equity “delay defeats equities.” He further contended that a dispute which is stale could
not be the subject matter of reference under Sec.10 of the Industrial Disputes Act, 1947. In support of his contention he
also relied on a decision of the Apex Court reported in 2000(84) FLR page No.673 SCC between The Nedungadi Bank
Ltd., Vs. K.P. Madhavakutty and others, wherein it was held that, “the dispute has been not agitated for a long time
which is considered as a stale claim and it should not be taken into consideration. He also contended that the doctrine of
delay and latches should not be lightly brushed aside. Relying on a decision of the Apex Court decided in the case of
Chennai Metropolitan Water Supply and Sewerage Board and others Vs. T.T. Murali Babu, in Civil Appeal No.1941 of
2014 arising out of SLP (C) No.15530 of 2013, he contended that wherein it was observed that, “A court is not expected
to give indulgence to such indolent persons who compete with ‘Kumbhakarna’ or for that matter ‘Rip Van Winkle’. Such
delay does not deserve any indulgence.” As per his contention if a man slept over the matter he is not entitled to get
acquittal, though limitation is not a bar. This Tribunal should not interfere in the punishment awarded by the
management when the Petitioner slept over the matter for years together. The Learned Counsel for the Petitioner
contended that the decisions relied on by the Respondent is not applicable to the present case. He further contended
that the Petitioner filed the mercy petitions before the authorities, but when the same were not considered by them, he
took shelter in this Tribunal. In fact the Petitioner has to come to the court after a delay of about 20 years, after passing
of the order of dismissal. The Petitioner was a chronic absentee. No satisfactory explanation has been given by the
Petitioner about his absence in duty. If an employee will remain absent for months together in a disciplined Department
like Railways, no authority can tolerate such an attitude of an employee. Therefore, the authority of the Railway
Department has rightly passed the order of dismissal of service and no lenient view is required to be taken in the orders
passed by the Respondents’ management and as such there is no scope to interfere in the orders passed by the
Respondents’ management. Hence, the Petitioner is not entitled to any relief as claimed for.
Thus, Point Nos.I to III are answered accordingly.
ORDER
In view of the findings made above, the Petitioner is not entitled to get any relief. The petition is dismissed.
Award is passed accordingly. Transmit.
Dictated to Smt. P. Phani Gowri, Personal Assistant transcribed by her corrected by me on this the 29th day of
January, 2019.
MURALIDHAR PRADHAN, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
Ww1: Sri V. Raghavaiah
MW1: Sri M. Jeevan Paul
Documents marked for the Petitioner
Ex.W1: Photostat copy of medical certificate dt.29.7.1987
Ex.W2: Photostat copy of medical certificate dt.29.8.1987
Ex.W3: Photostat copy of medical certificate dt.10.5.1988
Ex.W4: Photostat copy of medical certificate dt. 23.5.1988
Ex.W5: Photostat copy of removal order dt. 14.7.1988 by 1st Respondent
Ex.W6: Photostat copy of appeal of the Petitioner dt.10.9.1988 to 2nd Respondent
Ex.W7: Photostat copy of order of the Appellate Authority dt. 26.4.1989
Ex.W8: Photostat copy of review petition of WW1 dt.6.6.1989 to Respondent No.3
1102
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
Ex.W9: Photostat copy of reminder lr.dt.21.12.1989 to R3
Ex.W10: Photostat copy of mercy petition dt. 29.4.2004 to R3
Ex.W11: Photostat copy of mercy petition dt.17.9.2004 to R4
Documents marked for the Respondent
Ex.M1: Attested copy of muster roll for the year 1985
Ex.M2: Attested copy of muster roll for the year 1986
Ex.M3: Attested copy of muster roll for the year 1987
Ex.M4: Attested copy of muster roll for the year 1988
MURALIDHAR, PRADHAN, Presiding Officer
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New Delhi, the 27th February, 2019
S.O. 363.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 01/2010) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of Utkal Gramya Bank and
their workmen, received by the Central Government on 27.02.2019.
[No. L-12011/43/2009–IR(B-1)]
B. S. BISHT, Under Secy.
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. 01/2010
Date of Passing Award – 29th November, 2018
Between:
The Chairman, Utkal Gramya Bank,
Head Office, Bolangir (Orissa).
…1st Party-Management
AND
The General Secretary,
Utkal Gramya Bank Employees Association,
C/o. Utkal Gramya Bank, Head Office,
Bolangir.
… 2nd Party-Union
Appearances:
None
…For the 1st Party-Management
Shri Pulin Bihari Mishra, General Secretary
…For the 2nd Party-Union
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1103
AWARD
The Government of India in the Ministry of Labour has referred the dispute “whether the action of the management of
Utkal Gramya Bank, Bolangir by remaining the services of Shri R.P. Panda, w.e.f. 7.11.2007 without appreciation of
proper facts during domestic enquiry as a compliance to following the principles of natural justice, is legal and justified?
Whether the punishment is proportionate to the offence caused by the workman and deserves to be reviewed? If not, to
what relief the workman is entitled?” for its adjudication vide letter No. L-12011/43/2009 (IR(B-I), dated 07.01.2010,
exercising his authorit gconferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial
Disputes Act (herein-after referred to as “The Act”).
2.
Briefly stated, the case of the 2nd party-Union as emerges from its statement of claim, is that the workman Ram
Prasad Panda joined in the 1st Party-Management Bank in its branch at Jimidipeta, Koraput as Clerk-cum-Cashier and he
completed more than 22 years of service on 7.11.2007 when his service was terminated. On 11.7.2005 he came to the
State Bank of India, Rayagada from his branch at Jimidipeta to bring cash remittance of Rs. 3 lakhs to meet the
requirement of his branch as per the instruction of his Branch Manager. He came to the State Bank of India, Rayagada
travelling his own motor cycle to bring the cash after obtaining due permission from the Branch Manager as it was not
safe to carry heavy cash by availing the public transportation. While he was on his way to his branch after receiving the
cash and keeping the same in his motor cycle dicky it was started raining. Since his house came on the way between his
branch and the State Bank of India, Rayagada, he halted for a short time in his house to bring a rain coat. On return to his
motor cycle after a few minute he found the dicky of his motor cycle broken and cash bag with the FBR safe key was
stolen from the dicky. Hence, he lodged FIR immediately in the Rayagada P.S. and returned to the branch and reported
the matter to the Manager in writing. The police investigation was ended with final report as the culprit could not be
detected. Basing upon the said report of the police the Management claimed theft amount from the insurer. The amount
of Rs. 2,64,000/- was compensated by the insurer whereas it was decided to recover the balance amount of Rs. 36,000/-
from Shri Panda. When the amount of Rs. 18,000/- was already recovered from the monthly salary of Shri Panda, a
charge-sheet was issued to him and a departmental proceeding was initiated. The balance amount having been paid and
recovered, the disputant workman contested the departmental proceeding taking a stand that the employee cannot be
punished or penalized in a departmental proceeding as it would amount to double jeopardy for the self and same alleged
negligence of misconduct on the part of Shri Panda. It is, further, claimed by the 2nd party-Union that a departmental
proceeding was not conducted in conformity to the principles of natural justice and provisions of the Standing Order.
The defence advanced by the delinquent workman was not properly taken into consideration by the enquiry officer so
also the disciplinary authority. Though, the evidence and materials laid before the enquiry officer did not establish any
negligence or misconduct on the part of the workman for theft, the enquiry officer held the workman negligence of duty
and guilty of misconduct and such finding was perverse and contradictory to the evidence and materials presented before
him. That apart, it is the claim of the Union that the punishment of removal of service is shockingly disproportionate to
the gravity of the alleged misconduct committed by Shri Panda. Thus, the Union has challenged the fairness of the
departmental proceeding in the reference and made a prayer for reinstatement of the workman with back wages and all
service benefits.
3.
Refuting the allegations 1st Party-Management has resisted the claim taking a stand that keeping in view the
nature of work entrusted to the disputant workman, he cannot be construed as a workman as defined under the Industrial
Disputes Act. The disputant did not follow the requirement of guidelines and circulars of the Bank while bringing the
remittance of cash from the State Bank of India, Rayagada to his branch at Jimidipeta. According to the 1t Party-
Management the workman had no business to go for a brief halt in his house while being deputed for official transaction.
The alleged theft was taken place due to his negligence of duty and on account of his failure to take necessary
precautions as required in the guidelines/circulars of the Management. There was no violation of the principle of natural
justice during the conduct of the departmental enquiry. It is stated by the Management that, Shri Panda was given all
opportunities to defend his case in the departmental proceedings. As the workman admitted his fault in the said
proceeding, there was no perverse finding by the enquiry officer. It is also the stand of the Management that there being
theft of government money due to sheer negligence of the workman, the punishment of termination of service was
proportionate to the gravity of the misconduct allegedly committed by the workman. As the departmental proceeding
was conducted in a fair and proper manner and the workman was removed from service rightly on being found guilty of
serious misconduct, there is no scope for the Tribunal to interfere in the action of the management.
4.
On the aforesaid pleadings of the parties the following issues have been settled to adjudicate the dispute.
I S S U E S
1.
Whether the action of the Management of Utkal Gramya Bank, Bolangir by remaining the services of Shri R.P.
Panda with effect from 7.11.2007 without appreciation of proper facts during domestic enquiry as a compliance to
following the principles of natural justice, is legal and justified?
2.
Whether the punishment is proportionate to the offence caused by the workman and deserves to be reviewed?
3.
If not, to what relief the workman is entitled?
It is pertinent to mention here that after settlement of issues and filing of affidavit evidence of the disputant witness
through examination in chief, the Management defaulted in its appearance for which it was set exparte. Besides, the
sworn affidavit of its witness, the 2nd party-Union has filed documents like copy of the letter of Branch Manager, copy of
the FIR, dated 11.7.2005, copy of the letter of the charge-sheeted employee dated 11.7.2005, copy of the memorandum
dated 25.8.2005, copy of the imposition of charges dated 25.8.2005, copy of the Bank circular on cash remittance, copy
1104
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
of instruction relating to cash lost in transit, copy of letter of charge-sheeted employee dated 25.8.2005, copy of the
Management letter dated 3.10.2005, copy of the letter of charge-sheeted employee, copy of appointment of enquiry
officer dated 7.11.2005, copy of the letter of the Management dated 10.11.2005, copy of the representation of charge-
sheeted employee against letter dated 10.11.2005, copy of the letter Management letter dated 15.12.2005, copy of the
letter of the Management dated 18.1.2006, copy of the representation of employee, copy of the letter of G.M. to withhold
salary of the employee, copy of the representation of charge-sheeted employee dated 18.3.2006, copy of letter of the
Management to recover money, copy of the letter of charge-sheeted employee on recovery of money, copy of the
submissions of the P.O., copy of the submissions of Shri R.P. Panda, copy of the findings of the enquiry authority, copy
of submissions of Shri R.P. Panda against the enquiry report, copy of letter of Shri Panda, on proposed penalty, copy of
representation of Shri Panda against the proposed penalty, copy f imposition of penalty to Shri Panda, copy of
submissions of Shri Panda on penalty, copy of the decision of disciplinary authority which are marked as Ext.-1 to
Ext.-29.
FINDINGS
6.
The oral evidence adduced by the Secretary of the Union is found to be a repetition of the pleadings advanced in
the statement of claim. It appears from the pleadings and oral evidence of the Union as well as the documents relied upon
by the 2nd party that there is no serious dispute to the fact of bringing cash remittance in the dicky of the motor cycle of
the workman. It is not also in dispute that he had a brief halt in his house with the cash. The workman is stated to have
left the cash inside the dicky box and went home to bring his rain coat. A duty was cast upon him at that time to take
sufficient precaution as he left the cash in the dicky box of the motor cycle and the motor cycle was left being
unguarded. Further-more the memorandum of the Bank under Ext.-7 does not permit an employee to proceed any place
other than the destination of the branch while carrying cash for the remittance. The papers/documents filed by the Union
do not disclose or suggest that the Bank is prohibited from initiating a departmental proceeding or taking a departmental
action against its employee for theft of cash belonging to the Bank due to negligence of its employee and. even the same
was compensated by the insurer or recovered from the employee for whose negligence Bank cash is stolen.
7.
Thus, on a careful scrutiny of the uncontested oral evidence of the disputant workman and the pleadings
advanced in the statement of claim it is seen that no allegation has been raised by the 2nd party to the effect that he was
not given opportunity of being heard or he was not furnished with any documents/records on which the
appointing/disciplinary authority had relied upon to prove his misconduct or he was not given scope to cross examine the
departmental witness or he was not given scope to adduce his evidence or to put-forth his pleadings/arguments in the
departmental enquiry. There was no serious challenge to the fairness of the departmental enquiry except other than a
claim that the punishment of removal was shockingly disproportionate to the alleged misconduct proved in the
departmental enquiry. Besides, it has been argued that no person can be punished twice for the self and same misconduct
and the disputant workman having compensated the loss suffered by the Bank due to alleged theft should not be
proceeded departmentally and dismissed from service.
8.
In the case at hand the Management did not appear and contest the case after filing of its written statement and
settlement of issue for which the oral evidence/testimony of the disputant workman remains unchallenged. No-where he
has alleged that he was not given fair chance/opportunity in the departmental proceeding except stating that the
punishment was extremely harsh in comparison to negligence of duty on his part. It is also emerging from the evidence
of the 2nd party that the amount stolen was insured and the Bank could realize the amount from the insurer and the
2nd party-workman. There is admission by the 2nd party-workman that while carrying cash remittance in his motor cycle
dicky he went home before proceeding to his branch. Cash was stolen from the dicky while the motor cycle was kept
parked in front of his house. Hence, there was violation of guidelines issued by the Bank in regard to the precautions to
be taken while carrying Bank remittance personally by an employee. That being the position and there being no evidence
of unfairness on the part of the enquiry officer while conducting the departmental enquiry, finding of the enquiry officer
in regard to the negligence committed by the 2nd party-workman cannot be said perverse. The finding seems to be in
conformity with the materials produced in the departmental enquiry. Law is well settled that the Tribunal shall not act as
an appellate forum while examining the fairness of the departmental proceeding and it shall not evaluate the evidence
produced before an enquiry officer like an appellate forum except arriving at a conclusion that the findings of the enquiry
officer is not perverse to the materials produced before him and any reasonable person would have arrived such
conclusion on those materials though a different view can be drawn. Coming to the case at hand no such allegation has
been raised and negligence of the 2nd party-workman is proved in the event of his proceeding to his house with the cash
remittance which was not permissible under the circular and guidelines of the Bank. Finding of the enquiring authority in
regard to the misconduct of the disputant workman is found to be sustainable.
9.
That takes me to the next point which relates to punishment. It has been strenuously contended by the 2nd party-
Union that the punishment of removal with superannuation benefit in the facts and circumstances of the alleged
misconduct is shockingly disproportionate to the gravity of the alleged misconduct. It has been well settled in a catena of
decisions that disciplinary authority and on appeal, the appellate authority are invested with the discretion to impose
appropriate punishment keeping in view the magnitude or gravity of the misconduct. The High Court/Tribunal, while
exercising the power of judicial review, cannot normally substitute its own conclusion on penalty and impose some other
penalty, if punishment imposed by the disciplinary authority or the appellate authority seems to be against the conscience
of the High Court/Tribunal. It would appropriately mould the relief, either directing the disciplinary/appointing authority
to reconsider the penalty imposed or to shorten the litigation, it may itself in exception and rare case, impose appropriate
punishment with cogent reasons in support thereof. Thus, it is well settled that if there had been an enquiry consistent
with the rules and in accordance with the principles of natural justice, what punishment would meet the ends of justice is
¹Hkkx IIµ[k.M 3(ii)º
Hkkjr dk jkti=k % ekpZ 9] 2019@iQkYxqu 18] 1940
1105
a matter exclusively within the jurisdiction of the competent authority. If the penalty can lawfully be imposed on proved
misconduct, the Tribunal has no power to substitute its own discretion for that of the authority. The adequacy of the
penalty unless it is malafide or shockingly disproportionate is certainly not a matter for the Tribunal to concern with.
Keeping the above principle in view if the facts and circumstances the findings of the enquiry officer and the gravity of
the misconduct i.e. mistake/misdeed on the part of the 2nd party-workman and the facts that the financial loss suffered by
the Bank in the alleged theft being adequately compensated are taken into consideration, it can be safely held that the
alleged misconduct did not warrant a severe punishment like dismissal or removal from service. It cannot be over-sighted
from the documents exhibited in the case as well as oral evidence that the matter of theft was reported to the police
immediately and there was no materials or circumstances to suspect the involvement of the workman in the alleged theft.
Further, it is in evidence that the Bank was compensated by the insurer for the major portion of the stolen amount. The
rest amount was recovered from the 2nd party-workman before he was held guilty of misconduct. There was no past
allegation of negligence for duty or any misconduct on the part of the 2nd party-workman though he was in service of 22
years in the Bank. He has stated to have gone to his house to pick up the rain coat as it was raining and this part of his
evidence remains un-challenged. In the above back-drops the removal of the disputant with superannuation benefit seems
to be highly disproportionate to the gravity of the misconduct on his part. Law is well settled that the Tribunal in exercise
of its authority under section 11-A can interfere and it may itself impose appropriate punishment with cogent reason if
the punishment is found disproportionate to the gravity of the misconduct and if the same shocks the conscience of the
Tribunal. The 2nd party-workman was dismissed from service with effect from 07.11.2007 and in the meanwhile eleven
years has been elapsed and it would not be appropriate for the Tribunal for directing the disciplinary/appellate authority
to reconsider the penalty imposed. To shorten the litigation, in my considered view the punishment of removal with
superannuation benefit is set aside and the same is substituted by stoppage of three increments with cumulative effect.
Further, it may be mentioned here that the 2nd party-workman did not render any service to the Bank after his alleged
removal and as such he shall be entitled to 50% of his salary from the date of his removal till his reinstatement within
one month from the date of publication of the award. He is also entitled to other service benefits being deemed to be in
continuous service. In case of any delay in implementation of the award the workman is entitled to 8% interest on the
amount of his entitlement pursuant to the award and the interest would be chargeable from the date of publication of the
award.
10.
Reference is answered accordingly.
Dictated & Corrected by me.
B. C. RATH, Presiding Officer
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New Delhi, the 1st March, 2019
S.O. 364.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 27/1993) of the Cent.Govt.Indus.Tribunal-cum-Labour
Court, Bangalore as shown in the Annexure, in the industrial dispute between the management of Central Bank of India
and their workmen, received by the Central Government on 01.03.2019.
[No. L-12012/80/1990 - IR(B-II)]
SEEMA BANSAL, Section Officer
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIUBNAL-CUM-LABOUR COURT
DATED : 19th FEB 2019
PRESENT : Justice Smt. Rathnakala, Presiding Officer
C.R No. 27/1993
I Party
II Party
Sh. K S Vasudev,
6D, Pocket ‘A’,
Vikaspuri Extension,
The Regional Manager,
Central Bank of India,
No. 24, Crescent Road,
1106
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
New Delhi – 110 018.
Bangalore – 560 001.
Advocate for I Party: Advocate for II Party:
Mr. B.D. Kuttappa Mr. Pradeep S Sawkar
AWARD
1.
The Central Government vide Order No. L-12012/80/90-IR(B-II) dated 19.03.1993 in exercise of the powers
conferred by Clause (d) of Sub-Section (1) and Sub-Section2(A) of Section 10 of Industrial Dispute act, 1947 referred
the following Industrial Dispute for adjudication :-
“Whether the claim of Sri K.S. Vasudev, formerly Asst. Security Officer in the Central Bank of India,
that he was a ‘workman’ at the time of termination of his services by the Bank, is justified? If so,
whether the action of the management of Central Bank of India in terminating his services was justified?
What relief if any, is Sri K.S. Vasudev entitled to”
2.
Pleadings are complete and both parties have adduced their evidence. IInd party examined four witnesses and
marked Ex- M-1 to Ex M-35. Ist party examined himself as WW-1 and produced documents Ex- W-1 to Ex W-32.
Written Arguments is placed on record by both the parties. The IInd Party disputed the status of their employee for
recognition as a ‘workman’ under the provision of Industrial Dispute Act as he had worked as a Assistant Security
Officer. On that workman issue was treated for adjudicated as preliminary issue.
3.
The Ist party is held to be Workman under section 2(S) of the Industrial Dispute Act, 1947 vide order of this
Tribunal dated 31.03.2005. The undisputed facts of this case is Ist party is a Ex-serviceman having previously worked at
Reserve Bank of India as Assistant Security Officer, was terminated from the service during the period of Probation.
Thereafter, He joined the service of the IInd Party as Assistant Security Officer w.e.f 04.05.1987. His service was
terminated by the IInd Party Zonal Manager, Hyderabad w.e.f 03.05.1989. But his termination was not preceded by
departmental enquiry.
4.
The Ist Party challenges the action of the management on various grounds firstly, order of termination was
issued by the Zonal Manager, Hyderabad who was neither his appointing authority nor disciplinary authority. Secondly,
on the ground that the IInd Party without issuing charge sheet and without giving opportunity have violated the principle
of natural justice. That apart, he has worked against a permanent vacancy, that being so the matter of his probation was
of not much consequence. The concerned Regional Manager, Bangalore acted vindictively and arbitrarily since, the Ist
Party was insisting to take suitable measure in the matter of security in the branches. His appointment order did not
include list of his duties to be performed. The facilities like vehicle, telephone, accommodation essential for the
performance of his job were not provided to him. As per the terms of his appointment, the bank may decide to terminate
his appointment or choose to extend the probation period, and give further opportunity/time to the workman to attain the
required standard. Accordingly, he had successfully qualified the orientation course meant for the security officers of the
IInd Party as far as 24.12.1987 itself. Hence, his termination is erroneous, arbitrary, malafide etc.,
5.
The counter case made up by the IInd Party is, the Ist Party was appointed as Assistant Security Officer in the
bank’s Junior Management Grade Scale-I and he was an officer. As per the terms of the appointment letter Ex M-2 para
2 is the Central Bank of India Officers service regulations 1979 is applicable to him. His appointment order also stated
that his confirmation in the bank service will also be subject to receipt of satisfactory report regarding his character and
antecedents from the referees and its previous employer(s) and also the police authorities concerned. If the enquiries are
not completed before his reporting to duty his appointment will be subject to receipt of satisfactory reports. In the event
of any adverse report being received from the referees/ his previous employer(s) or police authorities his services are
liable to be terminated without assigning any reason.
6.
It is the further case of the IInd Party that, right from the date the Ist Party joined the service, he exhibited a sense
of insolence towards his supervisory officers, he will not carry out his duty unless an order in writing was given. He
gave memo to the Regional Manager personally and insisted for replies. The Regional Manager was his administrative
head. His duty was to give advice to the Regional Manager regarding security aspects of the branches but his proposal
on many occasion would be highly expensive and wholly out of proportion as a concerned business location of the
branches. The permission of the landlord of the premises where the branch was located was also required for making
structural alterations. He started complaining about the Regional Manager to the Chief Security Officer and other
authorities, he knew the written order given to him by the Regional Manager. He was required to make surprise night
visits/check the branches. But he failed to do so, his behaviour with his superiors was unbecoming of an employee of the
bank. He refused to carry the assignment given to him by the Zonal Office. On one such occasion, assignment i.e.,
verifying and certifying the alarm system supplied by the M/s Security Electronics (P) Limited Secunderabad was to be
handed over to another Assistant Security Officer of the Bank. On other occasion his service was required at Zonal
Office from 23.05.1988. He received an advance of Rs. 2,000/- toward travel expenses but failed to report to the Zonal
Office on the plea that he did not get train reservation. He refused to receive the letter of the Zonal Office dated
10.09.1988 asking him to improve his performance, he was unnecessarily argumentative and disobedient. Since, he was
on probation in good faith and in the interest of the bank it is required to verify whether his performance as a probationer
was up to mark it is essentially a managerial decision. The bank has taken the judicious decision to discharge him,
taking into consideration overall performance of the Ist Party. His termination is well within the rules governed and
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1107
bonafide intention of power. Since, the action is not a retrenchment as defined under section 2(oo) of the Industrial
Dispute Act no retrenchment compensation is paid to him.
7.
The IInd Party has examined MW-1 their Deputy Manager, MW-2 Manager HRD, MW-3 the then Zonal
Manager and MW-4 the then Regional Manager. MW-2 produced documents pertaining to appointment, confidential
reports, termination order, the report from the previous employee i.e., Reserve Bank Of India pertaining to the Ist Party.
However, he concedes during the cross examination that he had no personal knowledge about the Ist Party. MW-3 was
the one who being the Zonal Manager of the Ist Party had written letter on 16.12.1987 to the Regional Office regarding
his quarterly progress report (for the quarter of August 1987), and to counsel the Ist Party to improve his conduct,
behaviour and work. He had also written another letter on 29.12.1987 to the General Manager, Central Office, Bombay
regarding the behaviour of the Ist Party. According to this witness the behaviour of the Ist Party in implementing
instructions of the superiors is far from satisfactory. During his cross examination it turned out that on the report of the
Regional Manager (Ex M-9) he was instructed to give direction to the Ist Party to improve his performance.
8.
MW-4 who was the author of Ex M-9 and also the then Regional Manager in his affidavit evidence had opined
that, the security suggestions given by the Ist Party workman was not required for the branch having regard to the place
and financial aspects of the said branch. The permission of the landlord to make structural alterations of the premises
was also required. He being the Regional Manager had to decide all the aspects keeping in view the commercial
viability. The Ist Party bypassing the proper channel started complaining about him to the chief security officer and other
authorities, he also sought interview with the Chairman and Managing Director to complain about the alleged
irregularities committed by the Zonal Office and Regional Office etc. The Ist Party also imputed motives against this
witness and alleged harassment and passing false and frivolous orders against him. Several written orders issued to the
Ist Party were ignored; when once asked to visit the Miller Road branch to view the security arrangements, the Ist Party
created a big row with the Branch Manager misbehaved and threatened him. The Ist Party was deputed to Zonal Office
for a short period to function in the place of the Assistant Security Officer at Hyderabad. He was relieved from the
Regional Office on 21.05.1988, he also had received advance of Rs. 2,000/- but failed to report at Hyderabad on flimsy
ground. He also failed to make surprise night visits/checks of branches, on the ground that car was not provided. In the
performance report regarding the Ist Party, the Chief Manager reviewed the same and vide his letter dated 10.09.1988
urged him to improve his performance and his behaviour towards the superiors. The Ist Party read the contents of the
letter but refused to receive the same; a show cause notice was issued in that connection. The Ist Party addressed memos
to this witness in intemperate language.
During the cross examination MW4 states that, he assumed the charge of Regional Manager, Bangalore probably on 4th
or 5th of August 1987, the confidential report (Ex M-9) pertaining to Ist Party for the quarter ending with August 1987.
The reports marked against workman i.e., Ex M-9, Ex M-18, Ex M-24, Ex M-26, Ex M-31 to Ex M-34 were prepared by
him based on the notes put up by the Personnel Department.
9.
During his rebuttal evidence the workman himself testified that his duty was to visit various branches of
Central Bank and to note the security lapses if any and send report to the Chief Security Officer and copies of the same
to the Regional Office and Zonal Office of Hyderabad, but the security aspects were not looked into by the Zonal
Manager and Branch Manager. He tried to assert himself that Regional Manager has become hostile to him and
requested for an interview with the Chairman of the Branch several time and the same was not arranged by the Regional
Manager.
In the considered opinion of this Tribunal the above assertion of the workman by itself taps the exact area of dispute
between him and his superiors. It is an admitted fact between the parties that except giving his report about the security
lapses in the branches of the concerned Zones, the workman had no power to command any more action in respect of the
security lapses. Perhaps the ego conflict between him and his superiors calumniated in this dispute.
10.
He has not challenged his previous termination during his probation from Reserve Bank of India. Ex M-6 is the
letter of his previous employer i.e., Reserve Bank of India which reflects that he had a short duration of 14 months of his
probationary service, and his conduct and performance were not up to the expectation of the then employer and he was
discharged from the bank’s service. It was a termination simplicitor on the earlier occasion at Reserve Bank of India.
The order challenged by him in the present dispute is also of similar kind. For the action of the IInd Party of 1988, the
evidence was adduced by the Management witnesses in the year 2007. The standard of evidence required in Industrial
adjudication need not be in par with that of the criminal case before a Court of Law. Either it is also not for this Tribunal
to sit over, the opinion formed by the employer against the workman during probation period. Admittedly it was not
within the reach of the workman to effectuate any security system in the branch offices of the IInd Party. The lapses in
security system highlighted by him can never be the ground for him to enter into the confrontation with the superiors.
As per the terms of his appointment order (Ex M-2) among other things following are :-
(i)
xxxxxxxxxxxxxxxxxxxxx
(ii)
xxxxxxxxxxxxxxxxxxxxx
(iii) xxxxxxxxxxxxxxxxxxxxx
(iv)
You will be on probation for a period of two years. Your confirmation in the Bank will be subject to your
making satisfactory progress during the probation period and attaining the standard required by the
Bank, failing which, the Bank may decide to terminate the appointment or choose to extend the probation
period to give you further opportunity and time to attain the required standard.
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[PART II—SEC. 3(ii)]
v)
Your confirmation in the Bank’s service will also be subject to receipt of satisfactory report regarding
your character and antecedents from the referees and your previous employer(s), whose names and
addresses have been given by you in your bio-data submitted to the BSRB and also police authorities
concerned. If the said inquiries are not completed before you join the Bank/become due for confirmation
in the Bank, you will be appointed/confirmed in the Bank subject to receipt of satisfactory reports
thereof. In the event of any adverse report being received from the referees/your previous employer(s) or
police authorities, your services are liable to be terminated without assigning any reason. Two copies of
the attestation form are enclosed herewith. Please return the same to us duly filled in and signed.
11.
The Apex Court in its judgment reported in AIR-1998 Supreme Court pg: 327 (Life Insurance Corporation of
India vs Raghavendra Sheshagiri Rao) endorsed the similar stipulation in the letter of appointment about discharging an
employee from service without notice or reason. Such termination was also held not a retrenchment under section 2(oo)
of Industrial Dispute Act. Yet in another judgment reported in 1994(2) Supreme Court Cases pg: 323 (M.Venugopal vs
Divisional Manager Life Insurance Corporation of India Machlipatnam and another) it was held that unsuitability of a
probationer empowers the employer to terminate him from the service in accordance with the terms of letter of his
appointment. By catena of judgments of the Higher Courts, now the legal position is, termination during the probation
on non suitability of the employee will not fall under the category retrenchment as contemplated by section 2(oo) of the
Industrial Dispute Act.
12.
Report sent by the Zonal Manager to the Regional Manager citing specific instances against the workman is at
Ex M-10. But the occurrence of these instances is not specifically controverted by the Ist Party. It is not the case of
Ist Party that, the adverse reports were tailor made. Though the Ist Party has made effort to dilute the seriousness of the
allegations made against him in the above reports he is not successful to convince the court that these report was the
outcome of the personal vendetta of his superiors. It is his own case that, he wanted to complain against officers in the
Zonal Office and Regional Office with the Chairman and Managing Director. That by itself would reflect on his attitude
in bypassing his immediate superior officers.
13.
That boils down to the point that, the service of the Ist Party was not to the satisfaction of his superiors and in
accordance with the terms of his appointment order his service is terminated without attaching stigma for his future
career. He has questioned the competency of the Zonal Manager in issuing his termination order. He reasons out that
his appointment order was by the Assistant General Manager (PRS administrative).
It is from records that the Zonal Manager in accordance with the instruction of the Central Office dated 19.04.1987 (Ex
M-36) terminated the services of the workman from the Bank on the satisfaction reached by the Regional Manager that
the performance and conduct of the workman was below requirement. Therefore, there cannot be any technical flaw in
termination order challenged in this dispute. I find no merit in the claim of the Ist Party workman.
AWARD
The reference is rejected. Ist Party workman is not entitled for any relief.
(Dictated, transcribed, corrected and signed by me on 19th February, 2019)
JUSTICE SMT. RATHNAKALA, Presiding Officer
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New Delhi, the 1st March, 2019
S.O. 365.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 15/2008) of the Cent.Govt.Indus.Tribunal-cum-Labour
Court, Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of Andhra Bank and
their workmen, received by the Central Government on 01.03.2019.
[No. L-12011/7/2008-IR(B-II)]
SEEMA BANSAL, Section Officer
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1109
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. 15/2008
Date of Passing Award – 22nd November, 2018
Between:
The General Manager,
Andhra Bank, HO. Dr. Pattabhi Bhavan,
Saifabad, Hyderabad – 500 004.
…1st Party-Management
And
The General Secretary,
Orissa State Andhra Bank Employees’ Union,
Hanuman Bazar, Berhampur – 760 002,
Dist. Ganjam, Orissa.
… 2nd Party-Union
Appearances:
M/s. C. Anand Rao, Advocate
…For the 1st Party-Management
M/s. Manoranjan Das, Advocate
…For the 2nd Party-Union
AWARD
Exercising its authority conferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10
of the Industrial Disputes Act (herein-after referred to as “The Act”) the Government of India, in the Ministry of Labour
& Employment have referred the dispute vide letter No. L-12011/7/2008 – IR(B-II), dated 01.04.2008 “whether the
Management of Andhra Bank is justified in denying the benefit of notional pay fixation and other legal service benefits
linked to continuous, uninterrupted service to 27 workmen (as per list attached) is legal and/or justified? If not, what
relief the workmen are entitled to?” for its adjudication.
2. Bereft of unnecessary details the case of the 2nd party-Union as pleaded in the statement of claim is that the disputant
workmen named in the reference were employed temporarily in sub-staff cadre in various branches of the Management-
Bank in Odisha and they worked years together temporarily without any incremental wages and other service benefits
usually extended to a regular employee. The disputants were selected and empanelled in terms of rules and guidelines of
the recruitment process of the Bank keeping in view the terms and conditions of the bipartite settlement dated 9.1.1995
between the management-Bank and All India Andhra Bank Employees Union. It is the claim of the Union that the
workmen were not recruited/absorbed permanently in the vacancies against which they were appointed temporarily with
an ulterior motive to deprive them to avail higher wages and other service benefits which are usually extended to a
regular employee though, regular vacancies were available in the sub-staff cadre for their permanent absorption. Such
long continuation of the disputant workmen in temporary sub-staff cadre is an unfair labour practice as provided in the
industrial dispute Act. According to the Union the clause 20.8 of the bipartite settlement dated 19.10.1966 provides that
a temporary workman may be appointed to fill up a permanent vacancy and such temporary appointment shall not
exceed to a period of three months during which the Bank shall make arrangement for filling up the vacancy
permanently. If such a temporary workman is eventually selected to fill up the vacancies his period of temporary
engagement shall be taken into account as a part of his probationary period. The disputants were engaged for more than
240 days in a calendar year during the period of their temporary appointment and most of them had to work years
together without being recruited and appointed permanently. As a result they had to begin their career in the initial pay
scale even though most of them worked five to ten years as temporary sub-staff. Such temporary period of service is not
also counted for the purpose of gratuity and pensionary benefits. As the disputants were forced to continue as temporary
sub-staff in the vacancies against which they were subsequently absorbed, the period of their temporary services should
have been counted as a probationary period and their pay should have been fixed with grant of notional increment for the
period of their temporary services. When the Management-Bank refused to accept the demand of the Union to give
incremental wages and other perks for the temporary period of engagement, a dispute was raised before the labour
machinery. Attempt of conciliation having been failed in the matter the dispute has been referred to for its adjudication.
In the claim statement a demand has been made for allowing incremental wages and other perks, which are usually
extended to a regular sub-staff to the disputant workman for the period of their temporary engagement. It is also claimed
that such period should be taken into consideration for the purposes of gratuity and pensionary benefits.
3. Refuting the claim of the Union the 1st Party-Management has challenged the maintainability of the reference as well
as the merit of the claim put-forth by the disputants. It is his stand that the disputants were empanelled for their
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[PART II—SEC. 3(ii)]
absorption against permanent vacancies of sub-staff cadre, when such vacancies could be available and the panel was to
valid till absorption of the last candidate in the panel. The selection and empanelment was made pursuant to a bipartite
settlement dated 9.1.1995. As per the Clause-7 read with Clause-4 of the said settlement the temporary employees who
were empanelled as such, was not be entitled to any service benefits during the period of their temporary services and
such empanelled temporary employee shall be absorbed in the permanent services of the Bank as and when vacancies
were identified by the Bank. Such candidates are not entitled to any arrear of wages and back dated weightage in
seniority as per the settlement. Clause 8(c) of the settlement on which emphasis was led by the 2nd party-Union requires
that the Bank would engage the services of empanelled candidates under the settlement along with already existed panel
candidates, if any, in leave vacancies in their respective districts by rotation basis for a maximum period of thirty days at
a stretch till such time/the scope for their absorption arises. According to the Management the disputants were
empanelled and given engagement on rotation basis for temporary period against certain temporary vacancies arising due
to different reasons. As per the terms of the settlement and appointment letters issued to the disputants they are only
entitled to all service benefits perspectively from the date of their joining in permanent jobs. The disputants accepted
their absorption knowing fully that the service rendered by them in the temporary sub-staff cadre shall not be counted as
service for any other purposes except than for payment of gratuity. According to the Management-Bank the disputants
are not entitled to any benefits claimed by them and they are stopped to raise such demand or dispute for the service
benefits for the period of their temporary engagement.
4.
On the aforesaid pleadings of the parties the following issues have been settled for proper and effective
adjudication of the dispute.
I SSUES
1.
Whether the reference pertaining to multiple facts/disputes with multiple prayers in respect of 27 workmen in a
single case can be entertained and is maintainable when all these 27 workmen have different types of claims and are
working in different branches spreading over the entire state of Orissa?
2.
When the cases of same facts and prayers of a number of beneficiaries are pending adjudication in or
withdrawn/dismissed by the Hon’ble High Court of Orissa, whether again the same facts with same causes of action can
be taken into consideration and taken up in the present forum?
3.
Whether the claim of the workman Shri Abhimanyu Das is barred by principle of resjudication as stated in Para-
28 of the written statement.
4.
Whether the Management of Andhra Bank is justified in denying the benefit of notional pay fixation and other
legal service benefits linked to continuous, uninterrupted service to 27 workmen (as per list attached) is legal and/or
justified?
5.
If not, what relief the workmen are entitled to?
The parties have led oral as well as documentary evidence in support of their respective claim. Besides examining three
disputant workmen and two office bearers of the Union the 2nd party-Union has relied upon the documents like copy of
the interview call letter, copy of the appointment letter issued to the workman, copy of the statement showing the work
done by the workman, copy of the list of the empanelled employees, copy of the appointment letter issued to the
workman, copy of the statement showing days worked by the workman, copy of the statement showing the days work
done by the workman, copy of circular bearing No. 455, dated 2.11.1988, copy of the settlement dated 9.1.1995, copy of
approach paper bearing No. F-3/3/104 dated 16.8.1990, copy of the extract of the bipartite settlement dated 19.10.1966,
which are marked as Ext.-1 to Ext.-11 to establish their case. On the other hand the Management has examined its Senior
Manager as M.W.-1 and filed copy of the OJC No. 4222 of 2001 filed by Mr. P.K. Malla, copy of the affidavit dated
17.1.2003 of Mr. P.K. Malla, copy of the order dated 28.1.2002 passed in O.J.C. No. 4222 of 2001, copy of the OJC No.
4212 of 2001 filed by Mr. A. Barik, copy of the order dated 28.1.2003 passed in OJC 4214 of 2001, copy of OJC No.
4223 of 2001 filed by Mr. P. Behera, copy of the order dated 30.1.2003 passed in OJC No. 4223/2001 filed by Mr. P.
Behera, copy of the award dated 12.4.1997 passed in I.D. Case No. 06/1992 filed by Mr. P.K. Nanda, copy of OJC No.
4221 of 2001 filed by Mr. P.K. Nanda, copy of award dated 24.7.1977 in I.D. Case No. 27/1993 filed by Mr. H.K.
Nayak, copy of joint petition filed in I.D. Case No. 27/1993 filed by Mr. P.K. Nayak, copy of OJC No. 4218 of 2001
filed by Mr. H.K. Nayak, copy of order dated 10.1.2003 passed in OJC No. 4217/2001 filed by Mr. B.K. Swain, copy of
joint petition filed in I.D. Case No. 3/1997 filed by Mr. A. Das, copy of OJC No. 4213 of 2001 filed by Mr. A. Das, copy
of OJC No. 11859 of 2000 filed by Mr. R.C. Behera and 04 others, copy of undertaking letter dated 1.5.1997 of Mr. R.C.
Behera, copy of OJC No. 4219 of 2001 filed by Mr. K.C. Nayak, copy of OJC No. 4216 of 2001 filed by Mr. B.K.
Dakua and copy of OJC No. 11794 of 2000 filed by Mr. G. Routray which are marked as Ext.-A to Ext.-W to refute the
claim of the Union.
FINDINGS
6.
For the sake of convenience all the issues are taken for consideration simultaneously since they are inter-related
to each other.
The first point of dispute is with regard to the maintainability of the reference in view of the stand and contention raised
by the Management that writs were preferred earlier by some of the disputants claiming self and same relief raised in the
industrial dispute and the writs either having been dismissed on contest or being withdrawn this Tribunal lacks
jurisdiction to adjudicate the dispute in view of law of resjudicata. Filing a copy of the judgement of the Hon’ble High
Court of Andhra Pradesh in W.P. No. 20764/2000 and W.P. No. 22061/2000 the learned counsel for the Management
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1111
has also argued at length that the issues raised in the dispute were also the subject matter of the writ disposed of by the
Hon’ble High court of Andhra Pradesh. According to the learned counsel the employees of subordinate staff cadre in the
branches of the Management-Bank located in the state of Andhra Pradesh had also demanded incremental wages and
other service benefits for the period of their temporary employment before they were absorbed against permanent
vacancies and filed the writ. The said writ having been dismissed on contest is a binding force to the Tribunal and no
different view/stand can be taken by this Tribunal other than the view taken by the Hon’ble High Court of Andhra
Pradesh.
7. On the other hand, the authorized representative of the 2nd party-Union has strenuously contended that the facts and
circumstances under which the writs were preferred in the Hon’ble High Court of Orissa as well as in Andhra Pradesh
are not identical to the facts and circumstances of the present case. The pleadings and the reliefs sought in those writs are
not identical to the pleadings and relief sought in the present industrial dispute. Referring to the principle set out by the
Hon’ble Apex Court and observations made by the Hon’ble Court in the case between Sarguja Transport Services –
versus- State Transport Appellate Tribunal, M.P. equivalent citation 1987 AIR 88 (1987) SCR(1) 200 and in the decision
of Gulabchand Chhotalal Parikha –versus- State of Bombay 1965 AIR 1153, 1965 SCR (2) 547 and other citations
argument has been advanced by the counsel of the Union that withdrawal of the writ petitions filed in a High Court
without permission to file a fresh writ petition may not a bar for other remedies like suit or a petition under Article 32 of
the Constitution since such withdrawal does not amount resjudicata. The general principles of resjudicata and any
previous decision on a matter in controversy decided after full context or after affording fair opportunity to the party to
prove their case by a court competent to decide it will operate as a resjudicata in a subsequent regular suit. It has been
further argued that the case like disputes regarding wage structure, service conditions etc. which arise due to
circumstantial change and new situations may not be barred by the rule of resjudicata. The industrial dispute having been
raised under a special statute cannot be barred on the principle of resjudicata due to dismissal of the writs on the same
and self matter since it is well settled that the special law over-rides the general law.
8. Keeping in view the rival submissions as described above and on examination of the writ applications filed and
exhibited by the Management-Bank and the judgment of the Hon’ble Andhra Pradesh High Court in W.P. No. 20764 and
22061/2000 it is found that the writ before the Hon’ble High Court of Andhra Pradesh was preferred in the facts and
circumstances in which the applicants had an apprehension of being disengaged from their temporary employment in the
Bank and made a prayer for regularization of their services in sub-staff cadre along with a prayer for incremental wages
and service benefits for the period of their employment in temporary cadre. Taking into consideration of the bipartite
settlement and recruitment circulars and service rules of the Bank, the Hon’ble High Court of Andhra Pradesh dismissed
the claim of regularization/permanent absorption of the writ applicants. The Hon’ble High Court had not given any
findings on other issues of service benefits as raised in the writ. Hence, the submission advanced by the learned counsel
for the Bank that the order and finding of the Hon’ble High Court of Andhra Pradesh is an embargo or a restraint to this
Court from taking a different view than the view taken in the order is not acceptable and the same has no substantial
force to decide the fate of the present reference. Similarly the writs preferred in the Hon’ble High Court of Orissa having
been either withdrawn or dismissed without contest is not a resjudicta to adjudicate the dispute since the writs were not
decided on full contest or after affording a fair opportunity to the parties to prove their case. Further, the pleadings and
reliefs advanced in those writs are not totally identical to the pleadings and reliefs sought in the present reference. That
apart, issues involved in the writs do not seen to be identical to the issues involved in the present dispute. Those writs
seem to have been preferred in different context and mostly with a prayer for a direction of regularization of services of
the writ applicants or quashing the orders by which the applicants were disengaged or the services of the applicants were
terminated.
9.
In those writs the prayer for extending service benefits for the period of temporary employment seems to have
been sought as an ancillary keeping in view the prayer made for their absorption or reinstatement or restraining the Bank
from retrenching them. The above conclusion can be safely drawn from the observation of Hon’ble High Court of
Andhra Pradesh in the order which is as follows:-
“in the circumstances above there appears no basis for the apprehension of the petitioners that they would not be
absorbed in terms of the settlement dated 9.1.1995 or would be disengaged forthwith irrespective of the
availability of leave vacancies in the districts to which each of the petitioners respectively belonged. The
petitioners claim for immediate absorption has also no basis in the settlement”.
Hence it can be safely be held that the demands raised in the present dispute was neither a point of main controversy
between the parties in the writs preferred either in the Hon’ble High Court of Orissa or High Court of Andhra Pradesh
nor the said issue was decided by the Hon’ble High Court on a contest or by giving a fair opportunity of being heard to
the petitioners. The issue of service benefits for the period of temporary employment was not decided by the Court.
Hence the order of dismissal passed by the Hon’ble Courts in those writs does not seem to be a bar to this Tribunal to
adjudicate the present reference.
10.
Coming to the argument on point of estopple advanced by the learned counsel for the Bank it may be stated here
that the disputants were not either party to the settlement individually or the said settlement can estopped the 2nd parties
from raising a fresh dispute on service condition, if such service condition is adversely affects the right of a workman
protected under other provisions of industrial disputes Act or any other law including the provisions of constitution. That
apart, it cannot be over-sighted that the power given to the Industrial Tribunal and Labour Court under section 30 is very
wide and the affirmative action mentioned therein is inclusive and not exhaustive. That apart, it is well settled that
employees like badlies, casuals or temporaries are to continue as such for years, with the object of depriving them of the
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[PART II—SEC. 3(ii)]
permanent status and privileges of permanent employees is an unfair labour practice on the part of the employer under
Item 6 of the Schedule-IV. Once such unfair labour practice on the part of the employer is established in the complaint,
the industrial and labour courts are empowered to issue preventive as well as positive direction to an earring employer
(Umrala Gram Panchayat –versus- The Secretary, Municipal Employee Union) Civil Appeal No. 3209-3210 of 2015
arising out of S.L.P(C) 7105-7106 of 2014). For the reasons and discussions made above the argument advanced on
behalf of the Management on the issue of maintainability of the reference has no force and accordingly it is answered in
favour of the 2nd party-Union.
11.
Coming to the point of merit of the claim put-forth by the 2nd party-Union it is seen from the evidence and
pleadings of the parties that there is no serious dispute to the facts that in exigencies of work or whenever there was
increasing work load or occasions when permanent sub-ordinate staff proceeded on leave the Managers of the branch of
the Management Bank used to engage persons to cope up the increasing work load or to fill up the leave vacancies on
temporary basis. This resulted in industrial disputes claiming regularization of services of employees engaged
temporarily as mentioned above. Consequently an approach paper was evolved as a one-time measure and a scheme was
introduced keeping in view the demand raised by the Union of the Bank employees. There is also no serious dispute to
the fact that a bipartite settlement dated 9.1.1995 was entered into between the Management-Bank and All India Andhra
Bank Employees Union. According to the terms of the said settlement the disputants workmen were selected and
empanelled along with already paneled candidates for their recruitment and appointment against permanent sanctioned
vacancies. It was agreed that the Bank would utilize the services of the empanelled candidates initially in leave
vacancies/temporary vacancies as and when they arise in branches in the district to which they belong. The Bank would
consider regularization of the services of such temporary sub-staff only as and when regular vacancies arise as per their
seniority in the panel and subject to the rules regarding reservation for SC/ST/OBC. The disputants are stated to have
worked continuously for a substantial period even in most of the cases for five to ten years temporarily before they are
being absorbed or appointed in regular basis. Undisputedly the above disputant employees were only provided monthly
wages at the rate of the initial basic pay scale without any other service benefits which are usually extended to a regular
employee. It is also emerging from the pleadings and evidence of the parties that the disputants worked for more than
240 days continuously in each calendar year for the period of their temporary employment before their absorption in
permanent sub-staff cadre. The disputants were given appointment in the initial pay scale of the sub-staff cadre when
they were recruited/appointed against permanent/sanctioned vacancies. They were denied increment or incremental ages
and other allowances and benefits for the period of their temporary employment when they are allowed to join in
permanent vacancies.
12.
It is the claim of the 2nd party-Union that since the disputants were employed continuously in sub-staff cadre
with some artificial break/intermittent break in service till they were given permanent appointment, their appointment
would be adhoc and the same would be counted as probationary period as defined on account of they have been
eventually selected for filling up the permanent vacancies keeping in view the clause 20.8 of the Classification of
Employees. It is the contention of the learned counsel for the 2nd party-Union that an employee is entitled to all service
benefits including increment/incremental wages for the probationary period and as such the disputant employees are
entitled to arrear incremental wages and other allowances for the period of their temporary employment or at least their
pay shall be fixed with notional increment when they were given appointment against permanent employment. It is also
claimed and argued that such period of temporary employment shall be counted for the purpose of retiral/pensionary
benefits. The claim and argument of the 2nd party-Union was vehemently opposed and refuted by the Management with a
contention that neither the service rules of the Management-Bank nor the bipartite settlement including the settlement of
1995 permit the disputants workmen or the 2nd party-Union to raise such claim. The settlement of 1995 clearly indicates
that the disputants are not entitled to any service benefits usually extended to a regular employee except the wages at the
rate of initial basic pay of a sub-staff cadre. As per the terms of settlement they cannot also claim weightage in seniority.
The disputants having accepted the above terms and conditions of the settlement agreed to be empanelled for their
absorption against future vacancies and they joined in the Bank having accepted such terms and conditions in their
appointment letter. As such neither any back wages and allowances can be provided to them for the period of their
temporary employment nor their pay can be fixed at the initial stage of their joining with notional increments for the
period rendered as temporary sub-cadre staff.
13.
Coming to the pleadings and evidence of the parties on this aspect of argument it is seen that there is no serious
dispute to the fact that the 27 number of disputants worked years together as temporary sub-cadre staff in various
branches of the Management-Bank and some of them had worked about 5 to 10 years in such capacity. They were given
wages at the rate of initial pay scale of a sub-staff employee. They were neither given any increment or any service
benefit in those periods of temporary employment. They were given initial pay scale while being absorbed without any
addition of notional increment for the temporary period of their temporary employment. The Management has not also
seriously challenged the assertion of the 2nd party-Union in regard to the claim of the disputants working continuously
for 240 days in each calendar year. At the same time it has been deprecated by the 2nd Party-Union that the disputant
workmen were having some artificial break in their temporary engagement during those period of temporary jobs. It is
well settled that long period of temporary engagement of a workman without his service being regularized is always
deprecated by the settled principles of law as well as the same being treated as unfair labour practice under the provisions
of the industrial disputes Act provided such long continuance in temporary employment is without any reason. In the
case at hand the Union claims that permanent vacancies or sanctioned posts in sub-staff cadre were available and the
Management did not absorb the disputants deliberately to deprive them from service benefits including retiral benefits.
On the other hand, it is the stand of the Management that no permanent/sanctioned vacancy was available for immediate
absorption of the disputants for which the disputants were engaged either against leave vacancies or temporary jobs
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1113
created in exigencies to meet the work load at different branches. It is well settled that the party, who asserts the matter is
legally bound to prove the same. In the case at hand the Union has not produced any credible evidence or documents to
show that any sanctioned/permanent post was kept vacant for a long period without any attempt to fill up the posts from
empanelled list. The Union could have moved the Tribunal and compelled the Management to produce the list of
vacancies arisen in each year and established that posts could have been filled up by the Management by absorption of
the disputants. Hence, by mere oral assertions and evidence of the 2nd party-Union it cannot be believed that the
Management made the disputants to work in temporary capacity even though sanctioned vacancies were available. Be
that as it may, long continuance of the disputants in temporary sub-cadre cannot be termed as unfair labour practice in
the instant case. Rather, the Union/disputants should be highly obliged to the Management for adjusting them against
temporary vacancies for a continuous period till their turn came to be absorbed against permanent vacancy. Coming to
the claim on weightage of seniority or incremental wages it may be stated here that the learned counsel for the 2nd party-
Union has relied upon the pronouncement of the Hon’ble High Court of Himachal Pradesh in the case of Ramesh Chand
–versus- State of Himanchal Pradesh and another (CWP(T) No. 10026/2008 and in the case of Paras Ram –Versus- State
of Himanchal Pradesh and another (CWP(T) No. 7712/2008) and argued that the Management-Bank is under obligation
to count the temporary period of service of the disputants for the purpose of annual increments and re-fixation of their
pay accordingly at the time of joining of the disputants against a permanent vacancies. On a close reading of the
pronouncement it is apparent that the facts and circumstances of the cited cases are totally different than the
controversies involved in the present case. In the cited case the employee was appointed on adhoc basis before his
absorption against the post on which he was given adhoc appointment. His appointment was continuous without any
break. In the case at hand the disputants were having intermittent/artificial break though they were allowed to work for
more than 240 days continuously in a calendar year as defined under section 25(b) of the Industrial Disputes Act. They
were not engaged/employed against any permanent/sanctioned vacancies continuously for the period of their temporary
engagement. They were not also absorbed against the post for which they were engaged temporarily. Their appointment
was not adhoc and it was temporary. The term of temporary employment is not synonymous to the term adhoc
appointment. Hence, the principle set out by the Hon’ble High Court of Himanchal Pradesh is not applicable to the
present facts and circumstances.
14.
The service benefits for the temporary employment are claimed on the basis of principle of equal pay for equal
work. The above principle has been adequately explained and crystallized and sufficiently reiterated on a catena of the
decisions of the Hon’ble Apex Court. It is well settled that equal pay must depend upon the nature of work done. It
cannot be judged by mere volume of work. There may be qualitative difference as regard to reliability and
responsibility. Functions may the same but the responsibility makes a difference. It cannot be over-sighted that
responsibility, reliability and confidentiality given to a permanent employee cannot be equated with the responsibility,
reliability and confidentiality given to a temporary employee. That apart, the terms and conditions of the bipartite
settlement cannot be ignored in which it was decided that no weightage would be given on the temporary period of
service rendered by the disputants.
15.
Further, it has been contended by the authorized representative of the Union that keeping in view the meaning
of “probationer” as classified in the service rules and the provisions of clause 20.8 of the settlement of 1966 a temporary
workman if eventually selected for filling up the vacancies, the period of his temporary appointment shall be taken into
account as part of his probationary period. An employee on probation is entitled to all the benefits like incremental
wages and as such the disputants are entitled to all the benefits like incremental wages and as such the disputants are
entitled to service benefits for their period of temporary engagement and they are entitled at least to an incremental pay
prospectively on the date of their joining in the permanent post. On a close reading of the definition of “probationer” and
“temporary employment” as well as the terms and conditions of different bipartite settlement it is difficult to agree with
the contentions advanced by the authorized representative of the Union. The temporary employee cannot be equated
with that of a probationer in view of description and narration made in classification of employees as well as the term of
20.8 of the bipartite settlement 1966. Thus, the period of “temporary engagement” of the disputants cannot be termed as
period of “probationer”.
16.
Now coming to the point of pensionary benefits for those period of temporary engagement it is the contention of
the learned counsel for the Management-Bank that the disputants were not entitled to any pensionary benefits for the
period of their temporary engagement. In this regard the terms and conditions of the bipartite settlement of 1995 is clear.
Counting of the said period cannot be taken for the purpose of pension also except for gratuity. This argument is
strongly refuted by the representative of the Union basing upon the theory of legitimate of expectation.
17.
The disputants workmen were selected and empanelled as per the bipartite settlement of 1995 on account of
they having eligibility to hold the posts in sub-staff cadre. It is in evidence that they were initially empanelled for their
appointment against temporary vacancies of sub-staff cadre after their names were sponsored by the employment
exchange. No dispute has been raised by the Management to the effect of their disqualification to hold the post of sub-
staff cadre. Having been properly selected and empanelled under a scheme i.e. in terms of the settlement of 1995 they are
said to have been qualified and eligible for the post of sub-cadre. It has been claimed that each of them worked
continuously for 240 days in each calendar year for the period of their temporary engagement. In the case of workmen of
American Express International Banking Corporation –versus- Management of American Express International Banking
Corporation, AIR 1986 SC 458 it has been ruled that continuous service is to be counted by including Sundays and other
holidays, sickness or authorized leave and absence due to accident for strike which is not illegal or cessation which is not
due to any fault on the part of the workman. The Management-Bank has failed to produce any materials on record of the
case to indicate that the disputants had not worked continuously for 240 days in a calendar year. Thus, they are said to
have worked continuously for the period of their temporary engagement before they were absorbed against permanent
1114
THE GAZETTE OF INDIA : MARCH 9, 2019/PHALGUNA 18, 1940
[PART II—SEC. 3(ii)]
vacancies. Though, the bipartite settlement provides that the disputant workmen are not entitled to any service benefits
for the period of their temporary appointment, the same cannot deprived them from any benefit to which they are
lawfully and legally or constitutionally entitled to. In this regard the principles set out by the Hon’ble Apex Court as well
as different High Courts can be taken into consideration. It is well settled by the Hon’ble Apex Court in a catena of
decisions that right to receive pension is recognized as a right to property. It is a social security plan consistent with
social economic requirement of the Constitution. It has been observed by the Hon’ble Apex Court that pension is not a
charity or bounty nor it is a conditional payment solely depending on the sweet will of the employer. It is earned for
rendering a long and satisfactory service. It is in the nature of deferred payment for the past services as it is a right
attached to the office and cannot be denied arbitrarily. Their lordships of the Hon’ble Supreme Court in 1996 (7) SCC
113 in the case of Yashwant Hari Katakkar –versus- Union of India and others have held that “in absence of materials on
record to show as to why the employee had not been permanent despite putting in all most 18 and half years of service,
he would be deemed to be permanent, hence is entitled to pension”
18.
In the case between Ramesh K. Sharma and another –versus- Rajsthan Civil Services & Others reported in 2001
(1)SCC 637 their lordships of the Hon’ble Supreme Court have held that in the service jurisprudence a post could be
temporary or it could be permanent at a definite period to meet to a definite contingency. If an incumbent is appointed
after due process of selection either to a temporary post or on permanent post and such appointment not being either a
stop gap or fortuitous could be held to be substantive basis. Their lordships of the Hon’ble Supreme Court have held in
the case State of Jharkhand and others –versus- Jitendra Kumar Srivastava and another reported in 2013 (12) SCC 210
have held that gratuity and pension are not bounties. This right to property cannot be taken away without the due process
of law since an employee earns these benefits by dint for his long, continuous, faithful and unblemished service. In the
case of Brahmapal Singh –versus- State of Uttarakhand and another the Hon’ble High Court of Uttarakhand held that
continuous period of work-charged in temporary capacity shall be counted for pensionary benefits keeping in view the
fact of petitioner’s service on worked-charged status followed by regularization. Keeping the above facts and settled
principles in view it must be opined that the period/years of temporary service rendered by the disputants have to be
counted for the purpose of pension and pensionary benefits only. In view of the principles and decision given by the
Hon’ble Apex Court and different High Courts as narrated above the arguments advanced by the Management cannot be
accepted. The provisions of Gratuity Act mandate that the disputant workmen are entitled to gratuity for the period of
their temporary appointment. There is no specific term or condition in the settlement denying pensionary benefit to the
disputants for their period of continuous temporary engagement. It is emerging from the pleadings and evidence of the
parties that most of the disputants workmen were engaged temporarily for years together continuously before their
absorption while being continuously working as temporary sub-staff. Their such continuous service cannot be ignored
for the purpose of pension and pensionary benefits in view of the stand taken by the different courts as mentioned above
on counting of period of service of a daily wager before his absorption for the purpose of pension and pensionary benefit.
Hence, I am of considered view that the period of continuous temporary service of the disputant before their absorption
shall be counted for the purpose of pension and pensionary benefits.
19.
For the reasons discussed above, it can be safely held that the disputants are entitled to pensionary benefits for
the period of their continuous temporary employment/engagement prior to their absorption provided such continuous
engagement was 240 days in a calendar year in conformity to the provisions of Section 25(b) of the Act.
20.
The reference is answered accordingly.
Dictated & Corrected by me.
B. C. RATH, 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: 2019.03.20
14:38:08 +05'30'