6347 GI/2020
(1)
रजिस्ट्री सं. डी.एल. (एन) 04/0007/2003—05
REGD. NO. D. L. (N) 04/0007/2003—05
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प्राजिकार से प्रकाजित
PUBLISHED BY AUTHORITY
साप् ताजिक
WEEKLY
सं. 01]
नई दिल् ली, िनवरी 3—िनवरी 9, 2021 िजनवार/ पौष 13— पौष 19, 1942
No. 01] NEW DELHI, JANUARY 3 – JANUARY 9, 2021, SATURDAY/PAUSHA 13–PAUSHA 19, 1942
इस भाग में जभन् न पष् सं् ा िी िाती िज जिससे दक ि पष क संकलन के प प में र ा िा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भाग II— ण् ड 3—उप- ण् ड (ii)
PART II—Section 3—Sub-section (ii)
भारत सरकार के मंत्राल ों (रक्षा मंत्राल को छोड़कर) द्वारा िारी दकए गए सांजवजिक आिेि और अजिसूचनाएं
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
जवत्त मंत्राल
(जवत्ती सेवाएं जवभाग)
नई दिल् ली, 6 िनवरी, 2021
का. आ. 1.—बैंककारी कंपनी (उपक्रमों का अिजन और अंतरण) अजिजन म, 1980 (1980 का 40) की
िारा 3 की उप-िारा (2क) के िूसरे परंतुक द्वारा प्रित्त िजि ों का प्र ोग करते हुए, केन्री सरकार, भारती
ररिवज बैंक के परामिज से, एतद्द्वारा, पंिाब एंड ससंि बैंक की प्राजिकषत पूंिी को तीन ििार करोड़ रुपए से बढाकर
िस ििार करोड़ रुपए करती िज।
[फा. सं. 11/8/2019–बीओए-I]
ज्ञानोतोष रा , अवर सजचव
सी.जी.-डी.एल.-सा.-18012021-224515
CG-DL-W-18012021-224515
2 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 6th January, 2021
S.O. 1.—In exercise of the powers conferred by the second proviso to sub-section (2A) of section 3 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), the Central
Government in consultation with the Reserve Bank of India, hereby increases the authorised capital of the
Punjab and Sind Bank from three thousand crore rupees to ten thousand crore rupees.
[F. No. 11/8/2019-BOA-I]
JNANATOSH ROY, Under Secy.
जविेि मंत्राल
(सी.पी.वी. प्रभाग)
नई दि ल् ली, 14 दिसम् बर, 2020
का.आ. 2.—रािनज क और कोंसुली अजिकारी (िप एवं फीस) के अजिजन म, 1948 की िारा 2 के
ंड (क) के अनुसरण में वजिाजनक आिेि ।
एति् द्वारा, केंर सरकार भारत के प्रिान कोंसलावास, लंिन में जनम्नजलज त सिा क अनुभाग अजिकारर ों
को दिनांक 14 दिसंबर, 2020 से सिा क कोंसुलर अजिकारी के तौर पर कोंसुलर सेवाओं के जनवजिन के जलए
प्राजिकषत करती िज।
1. श्री रमन गुप् ता
2. श्री कौिल दकिोर रा ौर
3. श्री जवकास श्रीवास्ट् तव
[सं. टी-4330/09/2020]
जव्णु कुमार िमाज, जनिेिक (सी.पी.वी.)
MINISTRY OF EXTERNAL AFFAIRS
(CPV DIVISION)
New Delhi, the 14th December, 2020
S.O. 2.—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 authorizes the following
Assistant Section Officers in the High Commissin of India, London as Assistant Consular Officers to perform
the consular services with effect from 14th December, 2020.
1.
Shri Raman Gupta
2.
Shri Koshal Kishor Rathor
3
Shri Vikas Shri Vastava
[No. T-4330/09/2020]
VISHNU KUMAR SHARMA, Director (CPV)
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
3
नई दि ल् ली, 18 दिसम् बर, 2020
का.आ. 3.—रािनज क और कोंसुली अजिकारी (िप एवं फीस) के अजिजन म, 1948 की िारा 2 के
ंड (क) के अनुसरण में वजिाजनक आिेि ।
एतद्द्वारा, केंर सरकार भारत के िूतावास, माले में श्री रामबीर ससंि, सिा क अनुभाग अजिकारी को
दिनांक 17 दिसंबर, 2020 से सिा क कोंसुलर अजिकारी के तौर पर कोंसुलर सेवाओं के जनवजिन के जलए प्राजिकषत
करती िज।
[सं. टी-4330/01/2015]
जव्णु कुमार िमाज, जनिेिक (सी.पी.वी.)
New Delhi, the 18th December, 2020
S.O. 3.—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 authorizes Shri
Rambir Singh, Assistant Section Officer in High Commission of India Male as Assistant Consular Officer to
perform the consular services with effect from 17 December, 2020.
[No.T-4330/01/2015]
VISHNU KUMAR SHARMA, Director (CPV)
नई दि ल् ली, 31 दिसम् बर, 2020
का.आ. 4.—रािनज क और कोंसुली अजिकारी (िप एवं फीस) के अजिजन म, 1948 की िारा 2 के
ंड (क) के अनुसरण में वजिाजनक आिेि ।
एतद्द्वारा, केंर सरकार भारत के िूतावास, ारतूम में श्री उमेि ािव, सिा क अनुभाग अजिकारी को
दिनांक 31 दिसम्बर, 2020 से सिा क कोंसुलर अजिकारी के तौर पर कोंसुलर सेवाओं के जनवजिन के जलए प्राजिकषत
करती िज।
[सं. टी-4330/01/2016]
जव्णु कुमार िमाज, जनिेिक (सीपीवी)
New Delhi, the 31st December, 2020
S.O. 4.—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
Umesh Yadav, Assistant Section Officer as Assistant Consular Officer in Embassy of India, Khartoum to
perform the Consular services with effect from 30 December, 2020.
[No.T-4330/01/2016]
VISHNU KUMAR SHARMA, Director (CPV)
कार्मजक, लोक जिका त और पेंिन मंत्राल
(कार्मजक और प्रजिक्षण जवभाग)
नई दि ल् ली, 31 दिसम् बर, 2020
का.आ. 5.—केंरी सरकार, िंड प्रदक्र ा संजिता, 1973 (1974 का 2) की िारा 24 की उपिारा (8) द्वारा
प्रित्त िजि ों का प्र ोग करते हुए, श्री कुलिीप िंकरराव पारटल, अजिविा और श्री िेतेन िामराव वेनेगवाकर,
4 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
अजिवक् ता को, मुंबई जस्ट् त बाम्बे उच्च न् ा ाल में दिल् ली जविेष पुजलस स्ट् ापन (केन् री अन् वेषण ब् ूरो) द्वारा
अन्वेजषत अजभ ोिन, अपील, पुनरीक्षण और उससे संबंजित अन् मामलों के संचालन के जलए, जन ुजि की तारी से
तीन वषज के जलए ा अगले आिेि तक, इनमें से िो भी पूवजतर िो, जविेष लोक अजभ ोिक के प प में जन ुक् त करती
िज ।
[फा. सं. 225/13/2019-एवीडी-II]
एस.पी.आर. जत्रपा ी, अवर सजचव
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 31st December, 2020
S. O. 5.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri Kuldeep Shankarrao Patil, Advocate
and Shri Hiten Shamrao Venegvakar, Advocate as Special Public Prosecutors of the Delhi Special Police
Establishment (Central Bureau of Investigation) in the High Court of Bombay at Mumbai for conducting the
prosecution, appeal, revision and other matters arising out of the cases investigated by the Delhi Special Police
Establishment (Central Bureau of Investigation) for a period of three years from the date of appointment or until
further orders, whichever is earlier.
[F. No. 225/13/2019-AVD. II]
S. P. R. TRIPATHI, Under Secy.
नई दिल् ली, 31 दिसम् बर, 2020
का.आ. 6.—केन् र सरकारत एतिद्वारा दिल् ली जविेष पुजलस स्ट् ापना अजिजन म, 1946 (1946 का 25) की
िारा 5 की उप-िारा (1) सपर त िारा 6 द्वारा प्रित्त िजि ों का प्र ोग करते हुए उत्तर प्रिेि राज् सरकारत के
उत्तर प्रिेि गषि (पुजलस) अनुभाग-11, ल नऊ के आिेि सं. 878(i)/6-पी-11-2018-301एम/2018त दिनांक
12 जसतंबरत 2018 के माध् म से िारी सिमजत से, जसजवल लाईन ानात इलािाबाि में भारती िण्ड संजिता
(1860 का 45) की िाराएं 409त 418त 420त 421त 467त 471त 477त 201त 120-बी के तित ििज मामला अपराि
सं. 295/2017; और कैंट ानात इलािाबाि में भारती िण्ड संजिता (1860 का 45) की िाराएं 419त 420त 409त
467त 468त 471त 120बी के तित ििज मामला अपराि सं. 329/2017 से संबंजित अपराि(िों) का अन्वेषण त ा
ऐसे अपराि(िों) से िुड़े ा उससे संबद्ध दकसी िु्प्र ासत िु्प्रेरणा और/अ वा षड्यंत्र एवं/अ वा उसी संव्यविार में
दकए गए ा उन्िीं तथ् ों से उत्पन्न दकसी अन् अपराि का अन्वेषण करने के जलए दिल्ली जविेष पुजलस स्ट् ापना के
सिस्ट् ों की िजि ों और क्षेत्राजिकार का जवस्ट्तार समस्ट्त उत्तर प्रिेि राज् में करती िज।
[फा. सं. 228/50/2018-एवीडी-II]
एस. पी. आर. जत्रपा ी, अवर सजचव
New Delhi, the 31st December, 2020
S.O. 6.—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 ( 25 of 1946), the Central Government with the consent of the
State Government of Uttar Pradesh, issued vide Order No. 878(i)/6-P-11-2018-301M/2018 dated
12th September, 2018 of Uttar Pradesh Shasan, Grih (Police) Anubhag - 11, Lucknow, hereby extends the
powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole State of Uttar
Pradesh for investigation into the offences(s) relating to Case Crime No. 295/2017, under sections 409, 418,
420, 421, 467, 471, 477, 201, 120-B of the Indian Penal Code (45 of 1860) registered at Police Station Civil
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
5
Line, Allahabad; and Case Crime No. 329/2017, under sections 419, 420, 409, 467, 468, 471, 120-B of the
Indian Penal Code (45 of 1860) registered at Police Station Cantt., Allahabad and any attempt, abetment and/or
conspiracy, in relation to or in connection with such offence(s) and/or for any other offence committed in the
course of the same transaction or arising out of the same facts.
[F. No. 228/50/2018-AVD-II]
S. P. R. TRIPATHI, Under Secy.
नई दिल्लीत 31 दिसम् बर, 2020
का.आ. 7.—केंरी सरकारत िंड प्रदक्र ा संजितात 1973 (1974 का 2) की िारा 24 की उपिारा (8) द्वारा
प्रित्त िजि ों का प्र ोग करते हुएत श्रीमजत सोजन ा मा ुरत वररष्ठ अजिविा और श्री सुिील कुमार िुबेत अजिविात
दिल्ली िाई कोटजत दिल्ली में दिल्ली जविेष पुजलस स्ट् ापना (सीबीआई) द्वारा संजस्ट् तत आरसी 8(एस)/2006/
सीबीआई/एससीबी-II/एससी-III (सीबीआई बनाम अिाि उल िक और अन् ) से उत्पन्न िोने वाली अपील ा अन्
संबंजित मामले और उससे संबंजित अन् मामलों ा आनुषांजगक मामलों में केंरी अन्वेषण ब् ूरो की ओर से
उपजस्ट् त िोने और अजभक न करने के जलए जन ुजि की तारी से तीन वषज की अवजि के जलए ा अपील ा मामले
के जनपटान िोने तकत इनमें से िो भी पिले िोत जविेष लोक अजभ ोिक के प प में जन ुि करती िज ।
[फा. सं. 225/19/2019-एवीडी-II]
एस.पी.आर. जत्रपा ी, अवर सजचव
New Delhi, the 31st December, 2020
S.O. 7.—In exercise of the powers conferred by sub- section (8) of section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Smt. Sonia Mathur, Senior Advocate and
Shri Sushil Kumar Dubey, Advocate as Special Public Prosecutor to appear and plead on behalf of Central
Bureau of Investigation, in the appeal and other related matters arising out of RC 8 (S)/2006/CBI /SCB-II/SC-
III (CBI Vs Azaz ul Haq and others) instituted by the Delhi Special Police Establishment (CBI) in the Delhi
High Court at Delhi and any other matter connected therewith or incidental thereto for a period of three years
from the date of appointment or disposal of the appeal or case, whichever is earlier.
[F. No. 225/19/2019-AVD-II]
S. P. R. TRIPATHI, Under Secy.
नई दिल् ली, 6 िनवरी, 2021
का.आ. 8.—केन् र सरकारत एतिद्वारा दिल् ली जविेष पुजलस स्ट् ापना अजिजन म, 1946 (1946 का 25) की
िारा 5 की उप-िारा (1) सपर त िारा 6 द्वारा प्रित्त िजि ों का प्र ोग करते हुए िरर ाणा सरकार, गषि जवभाग,
चंडीगढ के आिेि सं. 20/8/2020-3 एचिीआईत दिनांक 17.10.2020 के माध् म से िारी िरर ाणा राज् सरकार
की सिमजत से भारती िण्ड संजिता (1860 का 45) की िाराएं 346त 365 त ा 302 के अन्तगजत ाना सेक् टर 50त
गुप ग्राम, िरर ाणा में ििज श्री िीरि अिलावत के कज त अपिरण और ित् ा से संबंजित मामला एफआईआर
सं. 249/2020 के संबंि में दकए गए अपराि(िों) का अन्वेषण करने के जलए त ा ऐसे अपराि(िों) से िुड़े ा उससे
संबद्ध दकसी िु्प्र ासत िु्प्रेरणा एवं/अ वा षड्यंत्र एवं/अ वा उसी संव्यविार में दकए गए ा उन्िीं तथ् ों से उत्पन्न
दकसी अन् अपराि का अन्वेषण करने के जलए दिल्ली जविेष पुजलस स्ट् ापना के सिस्ट् ों की िजि ों और क्षेत्राजिकार
का जवस्ट्तार समस्ट् त िरर ाणा राज् में करती िज।
[फा. सं. 228/32/2020-एवीडी-II]
एस. पी. आर. जत्रपा ी, अवर सजचव
6 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
New Delhi, the 6th January, 2021
S.O. 8.—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 (25 of 1946), the Central Government with the consent of the
State Government of Haryana, issued vide Order No. 20/8/2020-3HGI dated 17.10.2020 of Haryana
Government, Home Department, Chandigarh, hereby extends the powers and jurisdiction of the members of the
Delhi Special Police Establishment to the whole State of Haryana for investigation into the offence(s) relating to
Case FIR No. 249/2020 registered at Police Station Sector-50, Gurugram, Haryana, under sections 346, 365 and
302 of the Indian Penal Code (45 of 1860) pertaining to alleged kidnapping and murder of one Shri Dheeraj
Ahalawat and any attempt, abetment and/or conspiracy, in relation to or in connection with such offence(s)
and/or for any other offence committed in the course of the same transaction or arising out of the same facts.
[F. No.228/32/2020-AVD-II]
S. P.R TRIPATHI, Under Secy.
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नई दिल् ली, 5 िनवरी, 2021
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áâìÓ »ën¨äÒ ÖÓ»âÓ »âë #ëÖä ÍâæÍÔâænÖ ãÏÀâÌë »ë ãÔ# áâÕSÒ» ÍýÈäÈ ÚâëÈâ Úì ã» #ëÖä ÐèãÑ Ñe Áâë åÖÖë éÍâÏ} áÌçÖèã¿
Ñe ÕãÇôÈ Úì, áâìÓ ãÁÖÑe ékÈ ÍâæÍÔâænÖ ãÏÀâæ ÁâÌä Úì éÖ»â ÓÜÇ ÚëÈç éÍÒâë½ »ë áãË»âÓ »â áÁôÌ ã»Òâ Áâ#ñ
áÈð áÏ, »ën¨äÒ ÖÓ»âÓ, ÍëÃ÷âëãÔÒÑ áâìÓ ¼ãÌÁ ÍâæÍÔâænÖ (ÐèãÑ Ñe éÍÒâë½ »ë áãË»âÓ »â áÁôÌ) áãËãÌÒÑ,1962
(1962 »â 50) »ä ËâÓâ 3 »ä éÍËâÓâ (1) ]âÓâ ÍýÊù ×ãkÈÒâe »â ÍýÒâë½ »ÓÈë Úç# éÖ ÐèãÑ Ñe éÍÒâë½ »ë áãË»âÓ »â áÁôÌ »ÓÌë »ë
áÍÌë áâ×Ò »ä घोषणा »ÓÈä Úì ð
»âëæ vÒãkÈ, Áâë ékÈ áÌçÖè¿ä Ñe ÕãÇôÈ ÐèãÑ Ñe ãÚÈÏ} Úì, éÖ ÈâÓä¼ Öë ãÁÖ»âë åÖ áãËÖè¿Ìâ Ñe ÒçkÈ ÐâÓÈ »ë ÓâÁÍÝ
»ä ÍýãÈÒâï ÖâËâÓÇ ÁÌÈâ »âë éÍÔbË »Óâ Êä ÁâÈä Úì, åk»äÖ ãÊÌ »ë ÐäÈÓ, ÐèãÑ »ë Ìä¿ë ÍâåÍÔâæÌ ãÏÀâ# ÁâÌë »ë ãÔ# éÖÑe
éÍÒâë½ »ë áãË»âÓ »ë ÖïÏnË Ñe Ùä ÖÜÑ ÍýâãË»âÓä, áë¿.Íä.Öä.áëÔ. - ãÑ^âÔ ÍâæÍÔâænÖ ãÔÑäÃëÅ, Ñçï¨â, ãÁlÔâ »cÀ, ½çÁÓâÈ
(ÍýânÈ áãË»âÓä / ÖÚâÒ» »ÔëkÃÓ, ½çÁÓâÈ ÖÓ»âÓ, ÍýânÈ nÒâÒâÔÒ, Ñçï¨â, ãÁlÔâ »cÀ »âë ãÔã¼È रूÍ Ñe áâÜëÍ ÐëÁ Ö»ë½âó
áÌçÖè¿ä
ãÁÔâ ð »cC
ÓâjÒ ð ½çÁÓâÈ
Sr.
No.
Village
Tehsil
Survey Number
Sub.Div.
No.
Area
Ha.
Are
Sq.Mt.
1
2
3
4
5
6
1
ݽÅä
ÑâïÅÕä
Govt.260
-
01
28
43
270
-
00
02
30
Govt.260
-
00
19
05
Govt.260
-
00
11
89
220
-
00
35
50
ÑâïÅÕä
Govt.226
-
00
60
81
Govt.226
-
00
67
19
Govt.226
-
00
26
85
2
ÌâÌâ ’ÐâÅäÒâ
ÑâïÅÕä
Govt.553 P
00
53
72
303
01
06
54
Govt.553 P
10
65
25
122
00
60
52
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
7
1
2
3
4
5
6
ÌâÌâ ’ÐâÅäÒâ
ÑâïÅÕä
121
00
75
52
3
»âïÅâ½Óâ ÑâëÃâ
Ñçï¨â
385
00
50
00
388
00
10
89
390
2
00
55
80
396
00
52
72
398
2
00
00
20
394
00
64
18
402
1
00
10
21
393
3
00
53
97
489
3
00
06
22
489
2
00
00
20
Road
00
11
46
517P Govt.
-
00
09
17
506
00
49
19
507
00
38
11
484
4
00
07
55
484
3
00
00
20
508
1
00
27
56
508
2
00
02
93
483
4
00
02
00
483
3
00
15
51
483
1
00
00
20
483
2
00
02
82
509
00
00
20
482
3
00
13
69
482
4
00
03
34
482
2
00
00
20
482
1
00
23
00
27
00
11
92
29
3
00
18
31
26
00
01
06
29
1
00
01
36
29
2
00
11
53
29
1
00
34
40
30
2
00
12
52
45
00
10
82
32
00
51
22
33 Govt.
3
00
56
29
8 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
»âïÅâ½Óâ ÑâëÃâ
Ñçï¨â
33
1
00
37
16
33
2
00
12
65
517 P - River
00
38
63
122
2
00
41
46
121
00
47
47
120
00
95
33
150
1
00
09
63
150
2
00
31
31
149
00
62
80
Road
00
08
29
148
00
65
09
146
00
06
38
147
00
85
69
517P Govt.
03
13
28
159
00
37
92
4
¼â¼Ó ÑâëÃä
Ñçï¨â
213
00
35
04
228
00
97
51
227
00
61
12
226
00
21
36
233 Canal
00
20
50
234
00
09
42
235
00
13
37
224
00
31
44
223
00
35
73
239
00
00
29
Cart Track
00
08
73
222
00
52
45
221
00
15
61
241
00
39
93
528-Cart Track
00
15
36
105
01
39
38
107
00
58
56
106
00
32
34
99 Gram
Panchayat
00
01
81
97 Gram
Panchayat
00
70
22
96
00
05
18
98
00
19
98
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
9
1
2
3
4
5
6
¼â¼Ó ÑâëÃä
Ñçï¨â
48-Gauchar
00
30
33
88
00
24
70
87
00
48
29
86
00
45
49
50
00
50
91
54
00
00
20
51
00
57
03
526-Cart Track
00
05
06
53
00
06
40
52
00
60
81
41
00
41
35
44
00
00
20
43
00
16
95
42
00
38
97
32
00
59
08
35
00
02
74
34
00
49
02
520 - NH Road
00
20
38
33
00
49
62
460
00
63
19
461
00
08
58
459
00
39
50
458
00
57
32
463
00
00
20
456
00
55
37
455 Govt.
00
54
39
5
Êë×ÔÍÓ
Ñçï¨â
405
00
60
33
Govt. 570 P
00
08
03
430
1
01
09
97
430
2
01
00
80
423
00
68
40
424
00
31
68
429
00
54
44
428
00
44
93
Govt. 570 P
02
02
06
13
00
69
52
Cart Track
00
04
55
18
00
00
20
10 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
Êë×ÔÍÓ
Ñçï¨â
14
00
51
95
15
1
00
49
28
15
2
00
33
91
Govt. 570 P
02
37
93
51
2
00
00
20
52
2
00
00
20
55
00
03
90
Govt. 570 P
00
02
99
Govt. 97
01
08
99
99
00
41
92
Govt. 570 P
00
25
57
100
00
89
50
Cart Track
00
06
88
132
00
41
93
131
00
52
81
121
00
54
49
122
00
34
19
123
00
28
57
124
00
68
26
Cart Track
00
05
18
River
01
44
29
6
½ëÔÅâ
Ñçï¨â
382
00
53
94
Govt.383
00
10
90
Govt.384
00
26
69
412-Cart Track
00
04
44
Govt.387
00
08
51
389
00
28
45
388
00
19
69
378-Gauchar
01
61
01
379
00
00
20
376 Govt.
00
18
62
375
00
42
63
410-Road
00
08
78
309
00
03
29
350
00
66
85
349
01
10
43
311
00
55
75
312
00
42
76
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
11
1
2
3
4
5
6
½ëÔÅâ
Ñçï¨â
347
00
02
76
313
00
77
05
314 Govt.
00
69
38
317
00
21
34
316
00
97
53
315
00
28
25
321 Govt.
00
59
60
414-Nala
00
16
26
322
01
05
08
323
00
86
92
242
00
07
58
7
ÐçÁÍçÓ ÑâëÃä – 2
Ñçï¨â
423
01
01
97
424
00
20
37
713
47
00
77
04
713
18
00
47
26
713
16
00
09
32
8
ÍýÈâÍÍçÓ– 2
Ñçï¨â
1 – P Govt.
03
43
02
1
6
00
82
37
1
8
00
79
76
1 – P Govt.
00
21
74
9
Íýâ½ÍÓ - 2
Ñçï¨â
65
2
00
38
25
Nala
00
11
05
65
1
00
19
30
Nala
00
23
45
Govt. 65P
01
67
46
32
01
43
02
Govt. 65 P
02
28
92
10
ÏÓâÒâ
Ñçï¨â
24
00
42
62
23
00
42
95
22 Govt.
01
52
68
17
00
17
29
506-Road
00
12
33
14
00
37
74
13
00
11
36
504-Road
00
12
46
141 Govt.
00
42
91
156
00
03
10
160-Gauchar
01
46
17
12 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
ÏÓâÒâ
Ñçï¨â
231 -Road
00
07
41
238
00
37
54
237
00
49
21
489-Road
00
07
05
244
00
78
30
246
00
43
32
247
00
27
96
248
00
00
61
330
00
00
44
328
00
05
09
491-Road
00
11
90
327
00
09
03
326
00
11
01
325
00
30
66
324
00
21
48
323
00
21
42
322
00
21
54
317
00
00
76
321
00
04
01
320
00
01
46
318 Govt.
00
46
87
319
00
33
76
277 Govt.
00
00
27
276
00
34
12
278
00
16
44
280
00
40
79
281 Govt.
00
63
49
284
00
78
41
285
00
60
24
286
00
38
55
287
00
56
36
288
00
04
20
289
00
01
31
11
Íýâ½ÍÓ - 1
Ñçï¨â
219
00
54
50
229
00
46
66
231
01
04
57
12
ãÕÓâÌäÒâ
Ñçï¨â
351-Gauchar
00
67
44
345
00
01
27
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
13
1
2
3
4
5
6
ãÕÓâÌäÒâ
Ñçï¨â
344
00
26
23
343
00
22
00
13
ÐâëÓâÓâ
Ñçï¨â
293
00
00
26
317-Cart Track
00
11
68
282
00
00
20
283
00
11
08
286
00
03
99
319
00
32
83
320
00
38
94
356
00
93
25
357
00
00
20
353
00
52
90
352
00
46
73
349
00
45
95
346
00
00
20
347
01
22
09
344
00
09
30
14
½çïÊâÔâ
Ñçï¨â
529
1
00
56
68
530
00
59
07
531
00
26
71
542
00
03
29
543
2
00
46
66
Cart Track
00
14
40
550
2
00
19
73
551
00
25
25
550 NH.Road
1
00
25
11
552 NH.Road
00
15
57
549
01
03
45
Canal
00
07
44
562 - Canal
00
01
52
561 - Canal
00
17
67
561
00
35
53
Cart Track
00
04
09
555
1
00
71
52
555 – Road
1
00
07
89
551
1
00
20
04
555
2
00
04
18
Cart Track
00
06
43
14 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
½çïÊâÔâ
Ñçï¨â
4
1
00
35
15
4
2
00
14
96
5
00
47
25
7
00
44
05
7 - Road
00
12
86
585P Govt.
00
63
36
97
00
28
01
Cart Track
00
08
67
132
00
78
17
585P Govt.
00
12
18
134
00
26
03
134 - Road
00
13
71
135
00
23
72
136
00
20
41
137
00
29
14
585P Govt.
00
30
18
200
01
18
69
199
00
58
23
198
1
00
18
27
198
2
00
15
96
585P Govt.
00
63
51
198
3
00
03
26
194
00
30
22
193
00
15
21
210
2
00
43
53
210
1
00
17
08
585P Govt.
00
88
11
214
00
07
28
[फा. सं. आर-12031/2/2018-ओआर-I/ई-26406]
पी. सोमाकुमार, अवर सजचव
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 5th January, 2021
S.O. 9.—Where as it appears to the Central Government that it is necessary in the public interest and
safety that for the Transportation of Hydrocarbon through Mundra – Bathinda Extension Pipeline from Tragadi
to Gundala route, pipeline should be laid by HPCL-Mittal Pipelines Limited, Mundra, Dist. Kutch, Gujarat.
And, whereas, it appears to the Central Government that for the purpose of protection of the said
pipeline, it is necessary to acquire the right of user in the land under which the said pipeline is to be laid, and
which is described in the Schedule annexed to this notification;
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
15
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum
and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government
hereby declares its intention to acquire the right of user therein;
Any person who is interested in the land described in the said Schedule may submit objection in
writing to the Competent Authority, HPCL-Mittal Pipelines Limited, Mundra, Dist. Kutch, Gujarat (Prant
Officer / Assistant Collector, Government of Gujarat, Prant court, Mundra, Dist. Kutch) within twenty one days
from the date on which the copies of this notification issued under sub-section (1) of Section 3 of the said Act, is
published in the Gazette of India, are made available to the general public.
SCHEDULE
DISTRICT : KUTCH
STATE : GUJARAT
Sr.
No.
Village
Tehsil
Survey Number
Sub.Div.
No.
Area
Ha.
Are
Sq.Mt.
1
2
3
4
5
6
1
Tragadi
Mandavi
Govt.260
-
01
28
43
270
-
00
02
30
Govt.260
-
00
19
05
Govt.260
-
00
11
89
220
-
00
35
50
Govt.226
-
00
60
81
Govt.226
-
00
67
19
Govt.226
-
00
26
85
2
Nana Bhadiya
Mandavi
Govt.553 P
00
53
72
303
01
06
54
Govt.553 P
10
65
25
122
00
60
52
121
00
75
52
3
Kandagara Mota
Mundra
385
00
50
00
388
00
10
89
390
2
00
55
80
396
00
52
72
398
2
00
00
20
394
00
64
18
402
1
00
10
21
393
3
00
53
97
489
3
00
06
22
489
2
00
00
20
Road
00
11
46
517P Govt.
-
00
09
17
506
00
49
19
507
00
38
11
16 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
Kandagara Mota
Mundra
484
4
00
07
55
484
3
00
00
20
508
1
00
27
56
508
2
00
02
93
483
4
00
02
00
483
3
00
15
51
483
1
00
00
20
483
2
00
02
82
509
00
00
20
482
3
00
13
69
482
4
00
03
34
482
2
00
00
20
482
1
00
23
00
27
00
11
92
29
3
00
18
31
26
00
01
06
29
1
00
01
36
29
2
00
11
53
29
1
00
34
40
30
2
00
12
52
45
00
10
82
32
00
51
22
33 Govt.
3
00
56
29
33
1
00
37
16
33
2
00
12
65
517 P - River
00
38
63
122
2
00
41
46
121
00
47
47
120
00
95
33
150
1
00
09
63
150
2
00
31
31
149
00
62
80
Road
00
08
29
148
00
65
09
146
00
06
38
147
00
85
69
517P Govt.
03
13
28
159
00
37
92
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
17
1
2
3
4
5
6
4
Khakhar Moti
Mundra
213
00
35
04
228
00
97
51
227
00
61
12
226
00
21
36
233 Canal
00
20
50
234
00
09
42
235
00
13
37
224
00
31
44
223
00
35
73
239
00
00
29
Cart Track
00
08
73
222
00
52
45
221
00
15
61
241
00
39
93
528-Cart Track
00
15
36
105
01
39
38
107
00
58
56
106
00
32
34
99 Gram Panchayat
00
01
81
97 Gram Panchayat
00
70
22
96
00
05
18
98
00
19
98
48-Gauchar
00
30
33
88
00
24
70
87
00
48
29
86
00
45
49
50
00
50
91
54
00
00
20
51
00
57
03
526-Cart Track
00
05
06
53
00
06
40
52
00
60
81
41
00
41
35
44
00
00
20
43
00
16
95
42
00
38
97
32
00
59
08
35
00
02
74
18 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
Khakhar Moti
Mundra
34
00
49
02
520 - NH Road
00
20
38
33
00
49
62
460
00
63
19
461
00
08
58
459
00
39
50
458
00
57
32
463
00
00
20
456
00
55
37
455 Govt.
00
54
39
5
Deshalpar
Mundra
405
00
60
33
Govt. 570 P
00
08
03
430
1
01
09
97
430
2
01
00
80
423
00
68
40
424
00
31
68
429
00
54
44
428
00
44
93
Govt. 570 P
02
02
06
13
00
69
52
Cart Track
00
04
55
18
00
00
20
14
00
51
95
15
1
00
49
28
15
2
00
33
91
Govt. 570 P
02
37
93
51
2
00
00
20
52
2
00
00
20
55
00
03
90
Govt. 570 P
00
02
99
Govt. 97
01
08
99
99
00
41
92
Govt. 570 P
00
25
57
100
00
89
50
Cart Track
00
06
88
132
00
41
93
131
00
52
81
121
00
54
49
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
19
1
2
3
4
5
6
Deshalpar
Mundra
122
00
34
19
123
00
28
57
124
00
68
26
Cart Track
00
05
18
River
01
44
29
6
Gelda
Mundra
382
00
53
94
Govt.383
00
10
90
Govt.384
00
26
69
412-Cart Track
00
04
44
Govt.387
00
08
51
389
00
28
45
388
00
19
69
378-Gauchar
01
61
01
379
00
00
20
376 Govt.
00
18
62
375
00
42
63
410-Road
00
08
78
309
00
03
29
350
00
66
85
349
01
10
43
311
00
55
75
312
00
42
76
347
00
02
76
313
00
77
05
314 Govt.
00
69
38
317
00
21
34
316
00
97
53
315
00
28
25
321 Govt.
00
59
60
414-Nala
00
16
26
322
01
05
08
323
00
86
92
242
00
07
58
7
Bhujpar Moti-II
Mundra
423
01
01
97
424
00
20
37
713
47
00
77
04
713
18
00
47
26
713
16
00
09
32
20 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
8
Pratappar– II
Mundra
1 – P Govt.
03
43
02
1
6
00
82
37
1
8
00
79
76
1 – P Govt.
00
21
74
9
Pragpar– II
Mundra
65
2
00
38
25
Nala
00
11
05
65
1
00
19
30
Nala
00
23
45
Govt. 65P
01
67
46
32
01
43
02
Govt. 65 P
02
28
92
10
Baraya
Mundra
24
00
42
62
23
00
42
95
22 Govt.
01
52
68
17
00
17
29
506-Road
00
12
33
14
00
37
74
13
00
11
36
504-Road
00
12
46
141 Govt.
00
42
91
156
00
03
10
160-Gauchar
01
46
17
231 -Road
00
07
41
238
00
37
54
237
00
49
21
489-Road
00
07
05
244
00
78
30
246
00
43
32
247
00
27
96
248
00
00
61
330
00
00
44
328
00
05
09
491-Road
00
11
90
327
00
09
03
326
00
11
01
325
00
30
66
324
00
21
48
323
00
21
42
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
21
1
2
3
4
5
6
Baraya
Mundra
322
00
21
54
317
00
00
76
321
00
04
01
320
00
01
46
318 Govt.
00
46
87
319
00
33
76
277 Govt.
00
00
27
276
00
34
12
278
00
16
44
280
00
40
79
281 Govt.
00
63
49
284
00
78
41
285
00
60
24
286
00
38
55
287
00
56
36
288
00
04
20
289
00
01
31
11
Pragpar– I
Mundra
219
00
54
50
229
00
46
66
231
01
04
57
12
Viraniya
Mundra
351-Gauchar
00
67
44
345
00
01
27
344
00
26
23
343
00
22
00
13
Bhorara
Mundra
293
00
00
26
317-Cart Track
00
11
68
282
00
00
20
283
00
11
08
286
00
03
99
319
00
32
83
320
00
38
94
356
00
93
25
357
00
00
20
353
00
52
90
352
00
46
73
349
00
45
95
346
00
00
20
347
01
22
09
22 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
1
2
3
4
5
6
Bhorara
Mundra
344
00
09
30
14
Gundala
Mundra
529
1
00
56
68
530
00
59
07
531
00
26
71
542
00
03
29
543
2
00
46
66
Cart Track
00
14
40
550
2
00
19
73
551
00
25
25
550 NH.Road
1
00
25
11
552 NH.Road
00
15
57
549
01
03
45
Canal
00
07
44
562 - Canal
00
01
52
561 - Canal
00
17
67
561
00
35
53
Cart Track
00
04
09
555
1
00
71
52
555 – Road
1
00
07
89
551
1
00
20
04
555
2
00
04
18
Cart Track
00
06
43
4
1
00
35
15
4
2
00
14
96
5
00
47
25
7
00
44
05
7 - Road
00
12
86
585P Govt.
00
63
36
97
00
28
01
Cart Track
00
08
67
132
00
78
17
585P Govt.
00
12
18
134
00
26
03
134 - Road
00
13
71
135
00
23
72
136
00
20
41
137
00
29
14
585P Govt.
00
30
18
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
23
1
2
3
4
5
6
Gundala
Mundra
200
01
18
69
199
00
58
23
198
1
00
18
27
198
2
00
15
96
585P Govt.
00
63
51
198
3
00
03
26
194
00
30
22
193
00
15
21
210
2
00
43
53
210
1
00
17
08
585P Govt.
00
88
11
214
00
07
28
[F. No. R-12031/2/2018-OR-I/E-26406]
P. SOMAKUMAR, Under Secy.
नई दिल् ली, 5 िनवरी, 2021
का. आ. 10.—केन्री सरकार, पेरोजल म और जनि पाइपलाइन (भूजम में उप ोग के अजिकार के अिजन)
अजिजन म, 1962 (1962 का 50) की िारा 2 के ण् ड (क) के अनुसरण में और पेरोजल म एवं प्राकषजतक गजस
मंत्राल , भारत सरकार के का. आ. 2967(अ). दिनांक 12 जसतम्बर, 2016 एवं का. आ. 2891(अ). दिनांक 30
अगस्ट्त, 2017, की अजिसूचना के संिोिन में उक् त अजिजन म के अिीन गुिरात राज् के राज् क्षेत्र के भीतर
जिन् िुस्ट् तान पेरोजल म कॉपोरेिन जलजमटेड की मुन्रा दिल्ली पाईपलाईन और पालनपुर वड़ोिरा पाईपलाईन के जलए
सक्षम अजिकारी के का ों का जनवजिन करने के जलए प्रांत अजिकारी, पालनपुर, जिला बनासकां ा को प्राजिकषत करती
िज। ि अजिसूचना की तारी से लागू िोता िज ।
[फा. सं. आर-11025(15)/5/2019-ओआर-I/ई-30377]
पी. सोमाकुमार, अवर सजचव
New Delhi, the 5th January, 2021
S. O. 10.—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) and in modification of Notification of the Government of India in
Ministry of Petroleum and Natural Gas S.O. No. 2967(E) dated the 12th September 2016 and S.O. No. 2891(E)
dated the 30th August 2017, the Central Government hereby authorizes Prant Officer, Palanpur, Dist.
Banaskantha to perform the functions of Competent Authority for HPCL’s Mundra Delhi Pipeline and Palanpur
Vadodara Pipeline under the said Act, within the territory of Gujarat State. This is applicable from the date of
notification.
[F. No. R-11025(15)/5/2019-OR-I/E-30377]
P. SOMAKUMAR, Under Secy.
24 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
वाजणज् एवं उ्ोग मंत्राल
(वाजणज् जवभाग)
नई दिल्ली, 5 िनवरी, 2021
का.आ. 11.—केन्री सरकार, जन ाजत (गुणवत्ता जन ंत्रण एंव जनरीक्षण) अजिजन म, 1963
(1963 का 22) की िारा 7 की उपिारा (1) के सा पर त जन ाजत (गुणवत्ता जन ंत्रण एंव जनरीक्षण) जन म, 1964
के जन म 12, के उपजन म (2) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, मजससज एसिीएस इंजड ा प्राइवेट जलजमटेड,
पारािीप पोटज रस्ट्ट एम्प्लॉईस को-ओपेरेरटव, एट सि ोग जबसल्डंग, प्लॉट नंबर 474, ि िेव मागज – पारािीप पोटज
75412 (जिसे एतद्पश्चात उि अजभकरण माना िाएगा) को इस अजिसूचना के िासकी रािपत्र में प्रकािन की
तारी से तीन वषज की अवजि के जलए, वाजणज् मंत्राल की िासकी रािपत्र में प्रकाजित भारत सरकार की
अजिसूचना के सा अनुसूची में जनर्िज् ट दिनांक 20 दिसम्बर, 1965 की अजिसूचना सं. का.आ. 3975 के तित
प्रकाजित अजिसूचना मे उपाबद्ध अनुसूजच ों में जवजनर्िजष्ट जनि और अ स्ट्क समूि-I, अ ाजत लौि अ स्ट्क, के
जन ाजत से पूवज जनम्नजलज त ितों के अिीन पारािीप पत्तन, गोपालपुर पत्तन और िामरा पत्तन, में उक् त जनि और
अ स्ट् क के जनरीक्षण करने के जलए एक अजभकरण के रुप में मान् ता िेती िज, अ ाजत् :
(i)
ि अजभकरण, जनि और अ स्ट्क समूि-। के जन ाजत (जनरीक्षण) जन म, 1965 जन म 4 के अिीन
जनरीक्षण की पद्धजत की िााँच करने के जल े जन ाजत जनरीक्षण पररषि् द्वारा जनजमत्त नामजनर्िजष्ट
अजिकारर ों को प ाजप्त सुजविाएं िेगी; और
(ii) ि अजभकरण, इस अजिसूचना में ा जवजनर्िज् ट अपने का ो का जन् पािन करने के जलए, जनिेिक
(जनरीक्षण और गुणवत्ता जन ंत्रण) जन ाजत जनरीक्षण पररषि द्वारा सम -सम पर, जलज त प प में, दिए
गए जनिेिों से आबद्ध िोंगी ।
[फा. सं. के-16014/16/2020- जन ाजत जनरीक्षण]
दिवाकर ना जमसरा, सं ुि सजचव
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
New Delhi, the 5th January, 2021
S. O. 11.— In exercise of the powers conferred by the sub-section (1) of section 7 of the Export (Quality Control
and Inspection) Act, 1963 (22 of 1963) read with sub-rule (2) of rule 12 of the Export (Quality Control and Inspection)
Rules, 1964, the Central Government hereby recognizes M/s SGS India Private Limited, Paradip Port Trust Employees
Co-operative, AT Sahayog Building, Plot No. 474, Jaydev Marg, Paradip Port-754142, as an agency (hereinafter referred to
as the said agency),for a period of three years from the date of publication of this notification, for the inspection of Minerals
and Ores (Group-I), namely, Iron Ore specified in the Schedule annexed to the notification of the Government of India in the
Ministry of Commerce, published in the Official Gazette vide number S.O. 3975, dated the 20thDecember, 1965, prior to
export of the said Minerals and Ores at Paradip Port, Gopalpur Port and Dhamra Port subject to the following conditions,
namely: -
(i) the said agency shall give adequate facilities to the officers nominated by the Export Inspection Council in this
behalf to carry out the inspection specified under rule 4 of the Export of Minerals and Ores - Group I
(Inspection) Rules, 1965;
(ii) the said agency in performance of its function as specified in this notification, shall be bound by such
directions, as the Director (Inspection and Quality Control), Export Inspection Council may give in writing
from time to time.
[F. No. K-16014/16/2020- Export Inspection]
DIWAKAR NATH MISRA, Jt. Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
25
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MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 29th December, 2020
S.O. 12.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 01/2009) of the Cent.Govt.Indus.Tribunal-cum-Labour
Court No 2, New Delhi as shown in the Annexure, in the industrial dispute between the management of Punjab
& Sind Bank, and their workmen, received by the Central Government on 29.12.2020.
[No. L-12012/2/2009-IR(B-II)]
SEEMA BANSAL, Section Officer
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE NO. 01/2009
Date of Passing Award- 17th November, 2020
Between:
Shri B.B. Anand,
S/o Shri Bhagwan Dass,
R/o –50/10, Ashok Nagar,
New Delhi-110018.
… Claimant
Versus
The General Manager,
Punjab & Sind Bank,
21, Rajindra Place,
New Delhi-110008.
… Management
Appearances:-
Shri D.M. Sharma (A/R)
: For the claimant
Smt. Kittu Bajaj (A/R)
: For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute
existing between employer i.e. the management of Punjab & Sind Bank, and its workman/claimant herein, under
clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide letter
No. L-12012/2/2009 IR (B-II) dated 21st January, 2009 to this tribunal for adjudication to the following effect.
“Whether the action of the management of Punjab & Sind Bank, New Delhi in imposing the
punishment of compulsory retirement on Shri B.B. Anand is legal and justified. What relief the
concerned union/workmen are entitled to?”
26 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
As stated in the claim statement, the claimant B.B. Anand was serving with the management Bank as a
clerk cum cashier since 1980. During his posting as such in the Branch of the Bank at Narayana, on 22.1.2005,
after closure of cash, a shortage of cash of Rs1,45,750/- was detected in 109 packets of GC Notes . The claimant
being the cashier and custodian of the cash in his official capacity, was primarily held responsible for the
shortage .on the same day he deposited 1,10,000/- and on 24.1.2005, deposited the balance 35,750/- thereby
making up the shortage. However on 8.2.2005, show cause notice was served on him contemplating initiation of
departmental proceeding. After consideration of his reply, charge was framed and one departmental inquiry
alleging misconduct was held in which the claimant participated and took a stand of innocence and false
implication. The inquiry ended on 5.11.2005 with a finding that the charge against the delinquent/claimant
stands proved. The disciplinary Authority thereafter served the copy of the inquiry report on the claimant calling
him to show cause as to why punishment shall not be imposed on him for the misconduct proved. The claimant
submitted his reply and after taking the same into consideration, the Disciplinary Authority passed the order of
compulsory retirement, which was communicated to him on 22.5.2006. Being aggrieved the claimant first
preferred a writ application before the Hon’ble High Court and then raised a dispute before the appropriate
Govt., which referred the same for adjudication by this Tribunal on the legality of the punishment imposed on
the claimant.
On completion of pleadings by both the parties i.e the claimant and management of the bank, issues
were framed and the issue relating to the fairness and legality in conduct of the domestic inquiry was taken up
for consideration at the first instance as the preliminary issue. Considering the evidence adduced and documents
placed on record by both the parties, an order dated 17.10.2019 was passed by this tribunal in this proceeding
that the domestic inquiry was conducted following the rules and procedure and proper opportunity was given to
the delinquent/claimant to set up his defence. It was also held that principles of natural justice were followed
and the finding of the Disciplinary Authority holding the claimant guilty of misconduct does not suffer from any
infirmity or illegality. Thus order was passed giving opportunity to the claimant as well as the respondent bank
to adduce evidence on the proportionality of the punishment imposed on the claimant. But none of the parties
opted to adduce evidence and argument was heard on 11.2.2020 and matter was reserved for passing of the
Award.
The learned AR for the claimant during course of argument submitted that the claimant in this matter
has been falsely implicated as no cash was directly received by him from the customer. It is one Ajit Singh who
had received the same. But no inquiry was held against him nor he was examined as a witness. On the contrary
the claimant apprehending danger to his service and carrier made deposit of the short amount on two
installments, for which no loss was caused to the Bank. But the management did not consider these aspects and
imposed the harshest and major punishment of compulsory retirement on him, which is disproportionate to the
charge proved. He thereby pleaded for modification of the same.
The learned A R for the Bank on the contrary submitted that the alleged incident is an instance of loss
of faith of the employer on the employee. Moreover the Bank deals with public money on the basis of faith
reposed on it by the customers. Though no loss was incurred by the Bank for the alleged incident, the admission
of guilt by the claimant has consequence of loss of faith and the management has rightly and appropriately
passed the order of compulsory retirement as a mode of punishment against the claimant which needs no
interference.
This tribunal in view of the arguments advanced has to give a finding on the proportionality of the
punishment imposed on the claimant. In the case of Muriadih Colliery VS Bihar Coalliery Kamgar Union
(2005) 3 SCC331, the Hon’ble SC have held
“it is well-established principle in law that in a given circumstance, it is open for the Industrial
Tribunal acting u/s 11-A of the I D Act 1947 to interfere with the punishment awarded in the domestic
inquiry for good and valid reasons. If the tribunal decides to interfere with such punishment awarded in
domestic inquiry, it should bear in mind the principle of proportionality between the gravity of the
offence and stringency of the punishment.”
In this matter the claimant soon after the detection of the shortfall of cash made deposit of the amount
which amounts to his admission of the guilt. More over while deciding the preliminary issue it has already been
held that the inquiry was conducted in a fair manner following the principles of natural justice and the charge
against the delinquent has been properly proved. Now it is left to be examined if the punishment imposed
commensurate the gravity of the charge proved. For doing so it is necessary for this tribunal to advert to all the
points raised during the hearing of this proceeding. The learned A R for the management while supporting the
order of the Disciplinary Authority, submitted that the admission of guilt by the claimant leading to deposit of
short fall has left no room for interference by the Tribunal. In his counter reply the learned A R for the claimant
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
27
while citing the case of P.V.K. Distilary Ltd V. Mahendra Ram (2009)5 SCC 705,argued that the Tribunal has
wide discretion in the matters of awarding punishment or modifying the same.
Whether a misconduct is severe or otherwise depends on the facts of each particular case. In a case
where the charge is about misappropriation of public money, no doubt the same is serious in nature. More over
the finding in this case is based upon the documentary evidence placed on record.
In the case of Regional Manager U.P.S R TC, Etawah & others VS Hotilal and another, 2003 (3)
SCC 605, referred in the later case ofU.P.SRTC VS Nanhelal Kushwaha (2009) 8 SCC, 772,the Hon’ble
Apex Court have held that “The court or Tribunal while dealing with the quantum of punishment has to record
reason as to why it is felt that the punishment inflicted was not commensurate with the proved charge. A mere
statement that the punishment is not proportionate would not suffice. It is not only the amount involved ,but the
mental set up, the type of the duty performed and similar relevant circumstances, which go into the decision
making process are to be considered while deciding the proportionality of the punishment awarded. If the
charged employee holds a position of trust where Honesty and Integrity are in built requirements of functioning,
it would not be proper to deal with the matter leniently.”
Where a person deals with public money or engaged in financial transaction, or acts in a fiduciary
capacity, the highest degree of integrity and trustworthiness is required. But in this matter the claimant, a banker
by profession, for his own action could not stand the test of trustworthiness. Thus judged in that background, the
claimant of this proceeding while working in the capacity of clerk cum cashier lost the trust of his employer and
the later aptly imposed the punishment of compulsory retirement on him which is proportionate to the
misconduct committed by him.
The reference is accordingly answered. Hence, ordered.
ORDER
The reference be and the same is accordingly decided against the claimant and it is held that the
punishment of compulsory Retirement imposed on the claimant by the Management is legal, just and proper.
The claimant is not entitled to any relief. Send a copy of this award to the Appropriate Government for
notification as required under section 17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
17th November, 2020
Smt. PRANITA MOHANTY, Presiding Officer
ubZ fnYyh] 29 fnlEcj] 2020
का.आ
13.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼a1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
;wfu;u cSad vkQ bafM;k ds 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@Je U;k;ky; ua- 2] ubZ fnYyh ds iapkV ¼lanHkZ la- 119@2013½
izdkf'kr djrh gS tks dsUnzh; ljdkj dks 29-12-2020 dks izkIr gqvk FkkA
[la- ,y-12012@67@2013-vkbZ vkj ¼ch-II½]
lhek caly] vuqHkkx vf/kdkjh
New Delhi, the 29th December, 2020
S.O. 13.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 119/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour
Court No 2, New Delhi as shown in the Annexure, in the industrial dispute between the management of Union
Bank of India, and their workmen, received by the Central Government on 29.12.2020.
[No. L-12012/67/2013-IR(B-II)]
SEEMA BANSAL, Section Officer
28 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE NO. 119/2013
Date of Passing Award- 19th November, 2020
Between:
Shri Usman,
S/o Shri Matiullah,
Moh.. Khalil Sharki,
Tehsil Sadar,
Distt. Shahjahanpur (U.P.)
… Claimant
Versus
Branch Manager,
Union Bank of India,
Sadar,
Shahjahanpur (U.P.)
…Management
Appearances:-
Shri Arvind Kumar (A/R)
: For the claimant
Shri Rajat Arora (A/R)
: For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute
existing between employer i.e. the management of Union Bank of India, Sadar, and its workman/claimant
herein, under clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947
vide letter No. L-12012/67/2013 IR (B-II) dated 09.10.2013 to this tribunal for adjudication to the following
effect.
“Whether the action of the management of Union Bank of India, Sadar, Shahjahanpur branch in
terminating the services of workman Shri Usman without complying with section F,G,H of the ID Act,
1947 is justified? What relief workman is entitled to?”
As per the claim statement the claimant/workman was working as a peon in the Union Bank of India in
its Branch at Tehsil Sadar Shahajahanpur U.P Since 19.06.2005 the duty assigned to him was cleaning the bank
premises served water Tea etc to the staff and carry the vouchers from one place to the others and attained any
other work as per the instruction of the bank staff. He was discharging his duty with hard labour to the utmost
satisfaction of the employer and at no point of time any complained was made against him. But the management
was not maintaining attendance register pay register, in respect of his employment and not providing PF, ESI,
Minimum wages, Leave salary, bonus, overtime etc. not only that the workman was being compelled to work
from 7.a.m to 7.P.M without overtime dues being paid to him. When he demanded his legitimated dues the
management develops enmity towards him and even delayed to pay his earned wages amounting to Rs. 52,094/-
for the period 01.01.2008 to 30.04.2010. On 19.06.2010 when he renewed his demand for the said money the
management on that day abused misbehaved and terminated his service after obtaining his signature forcefully
on various papers. The termination was illegal since no notice for termination or termination compensation etc
was paid to him nor any notice to showcause was served. No disciplinary action was ever taken against him on
23.07.2010 the workman served a demand notice for his illegal and arbitrary termination by the management.
Since, no action was taken on the same, 9on 12.10.2012 the workman gave a representation to the ministry of
labour and employment and the matter came up for conciliation. The bank officials appeared and joint
discussions were held but no fruitful result came out. Thus, the appropriate government referred the matter for
adjudication as referred above.
The management being served with the notice appeared and filed written statement refuting the stand
taken by the workman. It has been specifically stated that there existed no employer and employee relationship
between the claimant and the management. The management Bank is a public sector Bank having its own rules
and regulations for employment. The claimant was never appointed/recruited by the Bank through the
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
29
sponsorship of the employment exchange or by any other mode of recruitment mandated by the government. His
name never appeared in the muster roll of the Bank nor he was ever paid salary out of the salary account of the
Bank, from where all regular employees of the Bank are paid salaries. It has been clarified that the workman not
being an employee of the Bank, the allegation made by him about illegal termination is false and vague. It has
also been stated that during the relevant period there was acute shortage of supply of electricity in the state of
UP as well as at Shahajahanpur where the branch office of the bank is located. Thus, the Branch manager of
Shahajahanpur had hired the Generator from one Ragib Ali Khan to supplement an electric supply. The
Generator so hired on rent was to be operated by a man and the service provider Ragib Ali by his letter dated
10.04.2010 had informed the Branch manager that one Shri Usman (claimant) previously engaged by him to
operate the generator on a monthly remuneration of Rs. 2000/- has been removed from service for his illness and
frequent absent w.e.f March 2010. Thus, the claim of the claimant that he was illegally removed from service is
baseless and false.
On these rival pleading following issues were framed for adjudication.
ISSUES
1.
Whether the action of the management of Union Bank of India Sadar Shahajahanpur Branch in
terminating the service of Usman without complying with section 25-F,G,H of the Id Act is
justified?
2.
To what relief the workman is entitled to and from which date.
The claimant has examined himself as WW1/1. Similarly the management examined one of the retired
managers as MW1 who proved the documents MW1/1 to MW1/2. Both the witnesses were cross examined by
the adversary.
ISSUE NO. 1
It is a decided principle of law that the person claiming employer employee relationship carries the
burden of proving the same. Thus, in this case the claimant/workman is under the obligation of proving the said
relationship. Except his oral evidence no other evidence has placed on record to prove the same. He has filed
photocopy of one salary register wherein his name appears showing payment of sum amount for month of July
2009 to April 2010. But this photocopy doesn’t contain the signature of the DDO with his official seal to attach
authenticity to the same. The witness who has all along pleaded to be an employee of the Bank during cross
examination has stated that he was called by the Branch Manager and his interview was taken. No one else had
appeared in the interview except him. Being asked about the salary slip he also stated that except some vouchers
no other paper is with him to prove that he was getting salary from the bank. Again being asked about his
employment registration no. he denied to have the same. On the other hand the ex-manager of the Bank
examined as MW1 has stated that he was working as the management of that bank from September 2009 to June
2012. During that period the claimant was never working as an employee of the Bank. But he was working as
the operator of the Generator set supply on rent by an outsider Ragib Ali Khan and the claimant was being
engaged as the operator. He had further added that in January 2011 Ragib Ali Khan removed his generator from
the Bank and the new person was given the contract for the purpose. Thus, the service of the claimant came to
an end with the end of the contract between the bank and Ragib Ali khan. He has thereby denied the claim of the
workman and his relationship with the bank as ex-employee. Thus, from the oral and documentary evidence
placed on record that one and only conclusion is that the claimant was never the employee of the management
Bank and his service was never terminated illegally by the Bank. This issue is accordingly answered against the
claimant.
Issue NO. 2
In view of the finding in respect of issue No. 1, the issue no.2 is decided against the claimant and it is
held that he is not entitled to any relief. Hence, ordered
ORDER
The reference be and the same is answered against the claimant and he is held not entitled to the relief
sought for. Send a copy of this award to the Appropriate Government for notification as required under section
17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
19th November, 2020.
Smt. PRANITA MOHANTY Presiding Officer
30 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
नई दिल्ली, 29 दिसम् बर, 2020
का.आ. 14.—औ्ोजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार मेससज अध् क्ष और प्रबंि जनिेिक, सोमा एंटरप्राइिेि जलजमटेड, िजिराबाि -, और अन् एवं उनके कमजचारी
के प्रबंितंत्र के संबद्ध जन ोिकों और उनके कमजकारों के बीच अनुबंि में जनर्िजष्ट औ्ोजगक जववाि में केन्री सरकार
औ्ोजगक अजिकरण एवं श्रम न् ा ाल , एनाजकुलम, के पंचाट (संिभज सं् ा 22/2017) को प्रकाजित करती िज िो
केन्री सरकार को 22.12.20 को प्राप्त हुए े ।
[सं. एल-42025/07/2020-आईआर-(डी ू)]
डी. के. जिमांिु, अवर सजचव
New Delhi, the 29th December, 2020
S.O. 14.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 22/2017) of the Central Government Industrial-Tribunal-cum
Labour Court Ernakulum, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Chairman & Managing Director, Soma Enterprises Ltd, Hyderabad. & Others, and their
workmen which were received by the Central Government on 22.12.20.
[No. L-42025/07/2020-IR (DU)]
D. K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
ERNAKULAM
Present: Shri. V. Vijaya Kumar, B. Sc, LLM, Presiding Officer
(Wednesday the 9th day of December 2020, 18 Agrahayana 1941)
ID No. 22/2017
Workman
:
Tapas Ghosh
Hijal Pukuria (near ESSO Pump)
Habra, 24 Parganas (N)
West Bengal – 743271
Now residing at
C/o Atul Shaji
Thachery, PRS 101
Fathima Church Road north end
(Kumaranasan Road east end)
Kochi – 682020
By M/s.Mathews K.Philip
Management
: 1.
The Chairman & Managing Director
M/s. Soma Enterprises Ltd
2, Avenue, 4, Banjara Hills
Hyderabad – 500034
2.
The Project Manager
M/s. Soma Enterprises Ltd
Near St.Anns School, Eloor
Udyogamandal
Kalamassery – 683501
By Adv. Mathews K.Uthuppachan
This case coming up for final hearing on 09.12.2020 and the same day this Tribunal-cum-Labour
Court passed the following:
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
31
AWARD
1.
Present industrial dispute is filed U/s 2(A)(2) of Industrial Disputes Act, 1947.
2.
According to the workman he worked with the management 1 and 2 for the period from 19.12.2014-
21.01.2017. His services were terminated w.e.f. 21.01.2017 by a letter dt.21.01.2017. No notice or notice pay
was given to him under the Industrial Disputes Act and therefore his termination is illegal. He is entitled to
receive Rs.13,71,932/- under various heads. He approached the Regional Labour Commissioner (Central) and
due to the non co-operation of the management, the conciliation efforts failed. The management filed written
statement denying the above allegations. The workman also filed rejoinder to the counter filed by the
management.
3.
When the matter was posted for evidence of the workman, the workman field an affidavit
dt. 28.07.2020 informing that the dispute between himself and the management are amicably settled between
the parties on the condition that management shall give Rs.5 lac in full and final settlement of the dispute.
Since the dispute is settled out of Court, there is nothing to be adjudicated in the present dispute before this
Tribunal.
4.
Hence a ‘no dispute award’ is passed and the dispute is answered accordingly.
The award will come into force one month after its publication in the official Gazette.
Dictated to the Personal Assistant, transcribed and passed by me on this the 9th day of December,
2020.
V. VIJAYA KUMAR, Presiding Officer
नई दिल्ली, 29 दिसम् बर, 2020
का.आ. 15.—औ्ोजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार मेससज मिाप्रबंिक, अिोक िोटल, नई दिल्ली और अन् एवं उनके कमजचारी के प्रबंितंत्र के संबद्ध जन ोिकों
और उनके कमजकारों के बीच अनुबंि में जनर्िजष्ट औ्ोजगक जववाि में केन्री सरकार औ्ोजगक अजिकरण एवं श्रम
न् ा ाल , नई दिल्ली-2 के पंचाट (संिभज सं् ा 13/2013) को प्रकाजित करती िज िो केन्री सरकार को िाडज और
सॉफ्ट कॉपी 28.12.2020 को प्राप्त हुए े ।
[सं. एल-42011/31/2012-आईआर-(डी ू)]
डी. के. जिमांिु, अवर सजचव
New Delhi, the 29th December, 2020
S.O. 15.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 13/2013) of the Central Government Industrial-Tribunal-cum
Labour Court New Delhi -2 as shown in the Annexure, in the Industrial dispute between the employers in
relation to The General Manager, Ashok Hotel, New Delhi & Others, and their workmen which were received
by the Central Government With Hard and soft Copy on 28.12.2020.
[No. L-42011/31/2012-IR (DU)]
D. K. HIMANSHU, Under Secy.
32 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer,
C.G.I.T.-Cum-Labour Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE NO. 13/2013
Date of Passing Award- 19th November, 2020
Between:
Shri Dilip Singh,
L/R substituted Smt. Sushila
Through the President,
Ashok Hotel Staff Qrtr, C-48-49, 50-B,
Chanakyapuri,
New Delhi.
… Claimant
Versus
The General Manager,
Ashok Hotel,
50-B, Chanakyapuri,
New Delhi.
… Management
Appearances:-
Shri S.S. Upadhaya (A/R)
: For the claimant
None for the Management (A/R)
: For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute
existing between employer i.e. the management of Ashoka Hotel, and its workman/claimant herein, under
clause (d) of sub section (1) and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide letter
No. L-42011/31/2012 IR (DU) dated 06/07/2012 to this tribunal for adjudication to the following effect.
“Whether the action of the management of Ashok Hotel New Delhi in regard to stoppage of two annual
increment with cumulative effect, imposed by General Manager (Ashok Hotel) vide order dated
14.01.2008 to workman Shri Dilip Singh, Ex-technical Grade-III is justified or not. If not, to what
relief the workman Shri Dilip Singh S/o Shri Jatin Singh, Ex-technical grade-III, token No.4539 is
entitled to and from which date?’’
As per the claim statement the workman Dilip Singh was working with the management of Ashok
Hotel as a regular employee as tech-III. On 21.05.2006 he was placed under suspension and on 17.07.2006
charge sheet alleging misconduct was served on him. The workman by writing letters dated 17.07.2006,
22.07.2006 and 18.08.2006 requested for withdrawal of the charge sheet. The management of Ashok hotel
instead of withdrawing of charge sheet issued the order of inquiry on 04.09.2006 which continued upto
16.01.2007. At the end of the inquiry the workman was found guilty and the charges proved against him. The
said inquiry was never conducted in a fair manner giving proper opportunity to the workman for defence. The
inquiry officer submitted his report to the disciplinary authority who served a notice on the workman and
imposed the penalty by stopping two of his annual increments with cumulative effect.
Being aggrieved the workman raised a dispute before the labour commissioner where effort for
conciliation failed and the appropriate government referred the matter for adjudication as above.
Being noticed the management of Ashok Hotel appeared and filed the written statement. In the written
statement the management has admitted the claimant to be its ex-employee. It has been stated that the claimant
was charged for grave and serious act of misconduct of drunkenness and indiscipline behavior while in duty and
abusing the seniors. During the departmental inquiry all the procedure of the certified standing order where
followed and proper opportunity for defence was allowed to the claimant. He had also taken the help of the
defence assistant. Thus, basing on the evidence collected the disciplinary authority rightly imposed the
punishment which entails no interference by this tribunal. It has also been stated that the claim petition is not
maintainable for want of espousal.
On this rival contention the following issues were framed.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
33
ISSUES
1.
Whether the action of the management of Ashok Hotel with regard to the stoppage of two annual
increments with cumulative effect by order dated 14.01.2008 of the workman is justified or not?
2.
If not to what relief the workman is entitled to and from which date/
Both parties were called upon to adduce oral and documentary evidence. On behalf of the claimant
Shri S.S Upadhay the president of Ashok Hotel Mazdur Janta Union testified as WW1and prove the documents
relating to espousal. The claimant examined himself as WW2 and prove the documents marked in a series of
WW2/1 to WW2/14. These documents include the show cause notice charge sheet, suspension order, and the
letters written by the claimant for withdrawal of the charge, the inquiry order and the demand notice etc one
more document has been filed which is in the nature of appeal made by the claimant to the appellate authority.
Both the witnesses were cross examined by the management at length by the respondent. During the pendency
of the proceeding the claimant Dilip Singh died and his wife has been substituted by order dated 04.03.2020.
Several opportunities were given to the management for adducing evidence on two occasion cost was imposed
too. But management failed to adduce oral and documentary evidence.
Issue No. 1
The claimant examined as WW2 has stated that on 31.05.2006 he was placed under suspension by the
management without assigning any reason the order of suspension has been marked as WW2/1. He then wrote
letters requesting withdrawal of the suspension order and those letters have been marked as WW2/2 to WW2/04.
But the management did not take any action and on 17.07.2006 served the charge sheet which has been marked
as WW2/05. In the charge sheet false allegation was leveled about his indecent behavior while on duty. He
again wrote letter for withdrawal of the charge sheet but the management did not pay any heed and proceeded
with the domestic inquiry conducted by the inquiry officer P.C Swarnakar in the most illegal and unlawful
manner. No fair opportunity was given to the workman for setting of the defence. The said inquiry officer
submitted his report on 28.11.2007 after one year which is violative of the provision of the certified standing
order of Ashok Hotel which mandates completion of the inquiry within 6 months and service of the charge
within 30 days from the date of the suspension. But in the case of the claimant all these procedure were blatantly
violative. The inquiry officer appreciated the matter in a bias manner though no independent witnesses were
produced by the presenting officer. The appeal made by the claimant was also rejected in a mechanical manner
without considering the defects pointed out by the claimant. He has thereby stated that the report of the inquiry
officer and the decision taken by the disciplinary authority and the appellate authority is illegal and not
sustainable in the eye of law. Both WW1 and 2 were cross examined at length but nothing substantial has been
elicited to negative their stand. WW1 has filed certain documents to prove that after proper espousal demand
notice were served on the management and no relief since allowed by the management a dispute was raised
before the labour commissioner.
As stated in the preceding paragraph no evidence has been adduced by the management.
The allegation relates back to the year 2006 and as seen from the record from the very beginning the
workman is disputing the fairness of the inquiry. In such a situation it was incumbent upon the management to
adduce evidence to nullify the allegation. The first and foremost action which could have been taken by the
management before this tribunal was to produce the inquiry proceeding and examined the inquiry officer
Mr. Swarnakar. Neither the documents were produced nor the witnesses were examined to prove the fairness in
the conduct of the inquiry. While dealing with the management contention made in the written statement that no
prejudice has been caused to the workman during the inquiry this tribunal has no other option then taking a view
that the management has tried to withheld the oral and documentary evidence relating to the inquiry. This is a
fatal flaw in the disciplinary proceeding and per-se prejudice was caused to the claimant for non production of
document and non examination of witnesses for the inaction of the management in countering the allegation
made by the claimant it is held that the views and finding of the disciplinary authority are not based on any
evidence available on record of the inquiry proceeding in asmuchas infact the complaint which forms the basis
of the charge sheet against the workman was not at all proved before the inquiry officer. Had that been so done
the management would not have omitted to produce the records of the disciplinary proceeding and would not
have omitted examining the material witnesses despite repeated opportunity granted. In this circumstances the
tribunal is constrained to conclude that the action of the disciplinary authority in substituting his own findings in
respect of the charges appears to be simply based on assumptions and presumptions and are not based on
34 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
evidence adduced in the inquiry proceeding and are, therefore not sustainable. That being the position the action
of the management imposing punishment of stopping two annual increments with cumulative effect is held to be
illegal. This issue is accordingly answered in the favour of the workman/claimant.
Issue NO. 2
The claimant in view of the findings of the issue no.1 is held entitled to refixation of his pay after
allowing the increments stopped by the management. He is entitled to the arrear of the same without interest if
would be paid within the time stipulated in this order. This issue is accordingly answered. Hence, ordered.
ORDER
The reference be and the same is answered in favour of the claimant. The finding of the disciplinary
authority and imposition of the punishment on the claimant pursuant to the disciplinary authority is held to be
illegal. The claimant is held entitled to the two annual increments which have been illegally withheld. The
management/ respondent is directed to refix the pay of the claimant after applying the increments when due and
pay the arrear of the differential pay to the claimant within 3 months from the date when the award would
become executable. The said amount shall not carry any interest and be paid to the legal heir of the claimant
within the time stipulated failing which the said arrear amount shall carry interest @9% per annum from the date
when it was illegally stopped and till the final payment would be made. Send a copy of this award to the
Appropriate Government for notification as required under section 17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
19th November, 2020
Smt. PRANITA MOHANTY, Presiding Officer
नई दिल्ली, 29 दिसम् बर, 2020
का.आ. 16.—औ्ोजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार मेससज सजचव, रक्षा मंत्राल , नई दिल्ली और अन् एवं उनके कमजचारी के प्रबंितंत्र के संबद्ध जन ोिकों और
उनके कमजकारों के बीच अनुबंि में जनर्िजष्ट औ्ोजगक जववाि में केन्री सरकार औ्ोजगक अजिकरण एवं श्रम
न् ा ाल , नई दिल्ली -2 के पंचाट (संिभज सं् ा 69/2019) को प्रकाजित करती िज िो केन्री सरकार को िाडज और
सॉफ्ट कॉपी 28.12.2020 को प्राप्त हुए े ।
[सं. एल-42025/07/2020-आईआर-(डी ू)]
डी. के. जिमांिु, अवर सजचव
New Delhi, the 29th December, 2020
S.O. 16.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 69/2019) of the Central Government Industrial-Tribunal-cum
Labour Court New Delhi -2 as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Secretary, Ministry of Defence, New Delhi & Others, and their workmen which were received
by the Central Government With Hard and soft Copy on 28.12.2020.
[No. L-42025/07/2020-IR (DU)]
D. K. HIMANSHU, Under Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
35
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE NO. 69/2019
Date of Passing Award- 20th December, 2019
Between:
Shri Titu Ram and 39 others,
Through- Hindustan Engineering and General Mazdoor Union,
Head Office:- D-2/24, Sultanpuri, Delhi- 110086.
… Workmen
AND
Hindustan Engineering and General Mazdoor Union,
Branch Office:- A-193, Karampura,
New Delhi- 110015.
Versus
1.
The Secretary, Union of India, Ministry of Defence,
South Block, New Delhi- 110011.
2.
Director General, Army Supply Corps. (A.S.C),
Sena Bhawan, P.O. Delhi Headquarter, New Delhi-110011.
3.
Shri Rajshekhar Sharma, Lieutenant Colonel,
210, FOL Depot, ASC Delhi Cantt.,
New Delhi- 110010.
…Managements
Appearances:-
Shri Kailash (A/R)
: For the Workmen.
Ms. Pragya Srivastava (A/R)
: For the Managements
AWARD
This Award shall dispose of a complaint/application filed by the workman Titu Ram and 36 others (list
appended) u/s 33A of the ID Act 1947 (herein after referred to as the Act).
The averments in the complaint, in short is that the workmen have been working in the office of
Commandant, 2010 FOL Department, Delhi Cant New Delhi since long as casual workers to the utmost
satisfaction of the employer. Their demand for regularization in service of the management was not considered
despite repeated request and representation. Having no other efficacious remedy, the workmen had approached
the Labour Commissioner, where a conciliation proceeding was taken up. The conciliation since failed, the
appropriate Government referred the dispute to this tribunal for adjudication. The dispute has been registered as
Id NO. 71/2013. The management after entering appearance in that proceeding being aggrieved by the same,
terminated the services of the workmen w.e.f 1st April 2019, in gross violation of the provisions of section 33 of
the ID Act. Hence, the petition.
Being noticed, management appeared and filed reply pleading inter alia on the maintainability of the
petition filed by the workmen. The contentions raised are that the management being in discharge of sovereign
function of the state is not an industry. Moreover the business of the management is governed as per the policy
decision of the government in the Ministry of Defence. On 13th April 2012 the ministry issued a standard
operating procedure on outsourcing of services and according to the same outsourcing of goods and services
was to be done through valid contracts. Again on 7th Feb 2018, direction was issued from IFA Head Quarter
Delhi for undertaking outsourcing as per the direction of Ministry of Defence vide letter No.
10(4)/2007/D(MOV) dated 13.04.2012. Not only that, as per the letter no. 58840/HCL/ST-17(B) dated 25th Jan
2019 of Head Quarter Western Command, a direction was received to undertake contract for outsourcing/hiring
of casual labours for financial year 2019-2020 as per policy of Government of India. In view of the said
36 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
direction, it was necessary to undertake outsourcing of service of casual labours through contractor for all
routine task of FOL Depot. The respondent no. 3 never acted in his personal capacity or with any kind of
vindication in disengaging the service of the workman w.e.f. 1st April 2019.
It has also been pleaded that as per the policy the FOL depot is to undertake “Casual daily rated
personnel” i.e for work load of ad hock nature. Labours will be employed on day to day basis and paid on daily
rates on contingent bills. They will be treated as casual employees. There is no continuity in hiring and hiring of
a particular persons does not exceed 240 days. While admitting disengagement of the applicants w.e.f 1st April
2019, it has been stated by the management that the Competent Authority in the meantime has granted sanction
for hiring casual labours and procedure for such hiring on daily basis has already started w.e.f. 1st May 2019.
With regard to the status quo order passed by this tribunal directing not to change the service
conditions, pending disposal of Id No. 73/2013, it has been stated that the said order came to the knowledge of
the management after 1st April 2019.
In their replication, workmen have started that the stand taken by the management are not based on
fact. While admitting that they have been taken on work w.e.f. 1st May, 2019, advanced their grievance for non
release of their remuneration for the period between 1st April to 30 April 2019.
Neither party opted to adduce oral or documentary evidence. During course of argument, the Ld. A/R
for the workmen submitted that in view of the facts of disengagement and re-engagement of the workmen as
admitted by the management, the tribunal should pass an award for appropriate relief to the workmen on
account of charge of service condition by the management during the pendency of the Industrial Dispute before
this tribunal. In his counter reply, the Ld. A/R for the management submitted that the alleged disengagement
never amounts to change of service condition since the claimants were /are working as casual workers on daily
wage and their engagement is purely on need basis.
As observed in the preceding paragraph no evidence has been adduced by the management to prove
that the workmen are engaged on need basis and are daily wagers.
It is not disputed that the claimant/applicants of this petition are working for the management for a
pretty long period and their engagement period varies from 1982 to 2010. It is not disputed that they were/are
working continuously and the duties discharged by them are perennial in nature, though the competent authority
at one point of time had decided to outsource the said services and later on decided to engage daily wagers
directly. The Industrial and Labour law while defining workmen have not drawn any distinction between regular
and casual employees, or temporary employees. In the case of Delhi Cantonment Board vs. CGIT and others
decided by the Hon’ble High Court of Delhi and reported in 129 (2006) DLT 610, it has been held that
“There is no distinction in Industrial Law between a permanent employee and a temporary employee. As long as
the person is employed to do any manual, skilled, unskilled, technical, operational, clerical or supervisory work
for hire or reward , he is a workman and the Industrial dispute Act, and will get the benefits of the Act.
Provision of Law laid u/s 33 of the Act clearly provides that during pendency of the proceedings either
before the conciliation officer or Labour Court or Industrial tribunal, no employer shall alter or change the
conditions of service of the workman without written permission/approval from the authority before which such
proceedings are pending. In case of contravention of the provisions of section 33 by any employer, aggrieved
employee has been given a right to make a complaint in writing under section 33A of the Act before the
Authority before whom such proceedings were pending at the time of retrenchment/discharge etc. of the
workman.
Section 33A of the Act enjoins upon the Industrial Adjudicator a twin duty- the first is to find out as to
whether the employer has contravened the provisions of section 33 and to answer the question as to whether the
dismissal or such other punishment as may have been imposed upon the workman is justified in law.
It is manifest from the pleadings of the parties and the documents filed and marked as WW1/1 to
WW1/6 and MW1/1 to MW1/5 that the claimants were engaged as casual workers by the management whether
or not, there exists any relationship between them as employer and employee and if the claimants are entitled to
the relief of regularization of service is the subject matter of dispute in Id No. 73/2013 pending before this
tribunal. But the management without any express permission from this tribunal terminated their services w.e.f.
1st April 2019. Needless to mention that the disengagement of the claimants was without complying with the
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
37
provisions of section 33(2)(b) of the Act and thereby amounts altering the terms and conditions of their
employment in contravention of the provisions of law laid u/s 33 of the Act.
The law is well settled that conditions contained in the proviso to section 33(2)(b) of the act are
mandatory in nature and non compliance of the same would render the order of discharge or dismissal etc. void
or inoperative. To this view, I am fortified by the decision as reported in 2003 LLR 68 Indian Telephone
Industries Ltd. vs. Prabhakar H. Manyare. The management has terminated the services of the workman,
without any approval from the Competent Authority and without payment of wages for one month, as provided
under section 33(2)(b) of the Act. On the contrary, the plea of the workman/claimant that they were not allowed
to perform duty without sufficient cause, is acceptable. Consequently, this tribunal has no hesitation to hold that
action of the management in dismissing/terminating the services of the claimants is illegal and void. Not 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 for a long period. 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.
Provisions of section 33(2)(b) of the Act are almost akin to the provisions of section 25-F of the Act as both
these provisions lay down certain conditions precedent to the retrenchment/discharge of workmen and also
required the employer to give one month’s wages in lieu of notice.
The Hon’ble Apex Court in case Deepali Gundu Surwase vs. Kranti Junior Adhyak
Mahavidyalaya reported as (2013) 10SCC 324 has held as under:
“The propositions which can be culled out from the aforementioned judgments are:
(1)
In cases of wrongful termination of service, reinstatement with continuity of service and back
wages is the normal rule.
(2)
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.
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 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 no nest. 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 months 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.
A bench of three judges of the Hon’ble Supreme Court in the case of Hindustan Tin Works Private
Limited vs. 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 services 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 eventually the workman is required to be reinstated,
38 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
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.
Yet in another latest case of Bholanath Lal and others vs. Shree Om Enterprises (P) Ltd.,
Manu/DE/1922/2018 decided on 10.05.2018 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
wrong doings by relieving him of the burden to pay to the employee/workman his dues in the form of
full back wages.”
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 50 percent back wages, in as much as termination of the
claimant/workman is per-se illegal and the claimant/workman is not gainfully employed anywhere since after
his termination by the management. Award is passed accordingly against management.
Let copy of this Award be sent for publication as required under section 17 of the Act.
Dictated & Corrected by me.
20th December, 2019
Smt. PRANITA MOHANTY, Presiding Officer
ubZ fnYyh] 1 tuojh] 2021
.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj eSllZ ch-lh-lh-,y- ds 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@Je U;k;ky; ua-&1] /kuckn ds iapkV ¼lanHkZ la[;k 03@2010½ dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-12-2020 dks izkIr gqvk FkkA
[la- ,y-20012@85@2009-vkbZvkj- ¼lh,e-1½]
jktsUnz flag] voj lfpo
New Delhi, the 1st January, 2021
S.O. 17.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court
No.1, Dhanbad (Ref. No.03 of 2010) as shown in the Annexure in the Industrial Dispute between the
employers in relation to the management of M/s. BCCL and their workmen, which was received by the Central
Government on 28.12.2020.
[No. L-20012/85/2009-IR(CM-I)]
RAJENDER SINGH, Under Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
39
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. 03/2010
Employer in relation to the management of Barora Area of M/s. BCCL
AND
Their workman
Present: Shri Dinesh Kumar Singh, Presiding Officer
Appearances:
For the Employers : None
For the workman. : None
State : Jharkhand.
Industry:- Coal
Dated 29.10.2020
AWARD
By Order No.L-20012/85/2009-(IR(CM-1)) dated 15/12/2009 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 disputes for adjudication to this Tribunal:
SCHEDULE
“Whether the action of the Management of Regional Hospital, Baghmara under Barora Area of
M/s BCCL in superannuating Smt. Esther Singh, Staff Nurse from the services of the company
w.e.f. 31.08.2004 is justified and legal? ii) To what relief is the workman concerned entitled?”
2. After receipt of the reference, both parties were noticed and both parties appeared for certain dates, but
subsequently both of them left appearing before this Tribunal. Thereafter again regd. notices were issued to both
the parties and the notice issued to the sponsoring union returned with endorsement- “Addressee left”. Now the
Case is pending since 05/01/2010 and workman/union is not appearing before Tribunal. So, it is felt that
workman/union has lost its interest in this matter. Hence No Dispute Award is passed. Communicate
D. K. SINGH, Presiding Officer
ubZ fnYyh] 1 tuojh] 2021
.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj eSllZ ch-lh-lh-,y- ds 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@Je U;k;ky; ua-&1] /kuckn ds iapkV ¼lanHkZ la[;k 04@2006½ dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-12-2020 dks izkIr gqvk FkkA
[la- ,y-20012@267@2003-vkbZvkj- ¼lh,e-1½]
jktsUnz flag] voj lfpo
New Delhi, the 1st January, 2021
S.O. 18.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court
No.1, Dhanbad (Ref. No.04 of 2006) as shown in the Annexure in the Industrial Dispute between the employers
in relation to the management of M/s. BCCL and their workmen, which was received by the Central
Government on 28.12.2020
[No. L-20012/267/2003-IR(CM-I)]
RAJENDER SINGH, Under Secy.
40 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
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. 04/2006
Employer in relation to the management of Sijua Area of M/s. BCCL
AND
Their workman
Present: Shri Dinesh Kumar Singh, Presiding Officer
Appearances:
For the Employers : None
For the workman. : None
State : Jharkhand.
Industry:- Coal
Dated 29.10.2020
AWARD
By Order No.L-20012/267/2003-IR(C-1) dated 06/12/2005 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 disputes for adjudication to this Tribunal:
SCHEDULE
“Whether the demand of the Rashtriya Colliery Mazdoor Sangh from the management of BCCL,
Sijua Area that Sh. Vijay Paswan, General Mazdoor Cat-I may be promoted to Cat-II w.e.f.
1993, to Cat-IV w.e.f. 1996, to Cat-VI w.e.f. 1999 and in Grade-I w.e.f. 2001 justified? If so, to
what relief is the workman entitled?”
2. After receipt of the reference, both parties were noticed but the workman/union didn’t appear before the
Tribunal. However the management has appeared in this case on 05/08/2019 & 27/09/2019, but subsequently
left appearing before the Tribunal. Now the Case is pending since 02/01/2006 and workman/union is not
appearing before Tribunal. so, it is felt that workman/union has lost its interest in this matter. Hence No Dispute
Award is passed. Communicate.
D. K. SINGH, Presiding Officer
ubZ fnYyh] 1 tuojh] 2021
.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk ds vuqlj.k esa] dsUnzh; ljdkj
eSllZ ए र इंजड ा जलजमटेड ds 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@Je U;k;ky; बैंगलौर ds iapkV ¼lanHkZ la[;k सी आर
14@2008½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-12-2020 dks izkIr gqvk FkkA
[la- ,y-11012@31@2003-vkbZvkj- ¼lh,e-1½]
jktsUnz flag] voj lfpo
New Delhi, the 1st January, 2021
S.O. 19 .—In pursuance of Section Industrial Dispute Act, 1947 (14 of 1947), the Central Government
hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court, Bangalore
(Ref. No. CR 14 of 2008) as shown in the Annexure in the Industrial Dispute between the employers in relation
to the management of M/s. Air India Ltd., and their workmen, which was received by the Central Government
on 28.12.2020.
[No. L-11012/31/2003-IR(CM-I)]
RAJENDER SINGH, Under Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
41
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 19TH MARCH, 2020
PRESENT : JUSTICE SMT. RATNAKALA, Presiding Officer
CR 14/2008
I Party
II Party
1.
Sh. K.S. Narayana,
No. 72, II Cross Kaika Layout, Vijaynagar,
Bangalore – 560040.
2.
Sh. Mahadeva,
S/o Sh. Mariswamy Gowda,
No. 34, 6th Cross,
Dwarakanagar, Hoskerehalli,
BSK 3rd Stage,
Bangalore – 560085.
The Commercial Manager,
Air India Ltd.,
Unity Building, JC Road,
Bangalore – 560002.
Appearance
Advocate for I Party : Mr. Muralidhara
Advocate for II Party : Smt. K. Subha Ananthi
AWARD
The Central Government vide Order No. L-11012/31/2003-IR(CM-I) dated 18.02.2008 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 (for brevity ‘the Act’ hereafter) referred the following Industrial Dispute for adjudication.
“Whether the action of the Management of Air India in stoppage of work / terminating the
services of S/Shri K.S. Narayana and Mahadeva w.e.f. 14.06.2002 is justified and legal? If not, to
what reliefs are the concerned workmen entitled?”
1.
The 1st Party workmen are aggrieved by the action of their Ex-Employer /Air India Limited in refusing
employment to them without any justifiable reason, it is their grievance that, they had requisite qualification to
be regularised in service but to deprive their right of regularisation; the 2nd Party regularised the service of
workmen who are Junior to them and terminated them from service; even thereafter also they have appointed
some casual employees into service; they are unemployed and may be reinstated into service without continuity
of service and consequential benefits.
After the 2nd Party filed their counter statement by way of rejoinder, 1st Party further claim that the
service particulars given by the 2nd Party in their Counter Statement is incorrect. Sh. K.S. Narayan was not
working with M/s G.D.S. Enterprises engaged by Air India; he was directly employed by the 2nd Party as Helper
since December 1994 and his service was terminated w.e.f. 14.06.2002; Sh. Mahadeva was appointed directly
as Helper by 2nd Party since September 1997; they have worked continuously without break from the date of
joining the service. They were not given wage slips; they are the employees of the 2nd Party.
2.
The 2nd Party countered the claim on following lines that, Air India Limited and Indian Airlines
Limited amalgamated with National Aviation Company and stood dissolved without being wound up vide order
of the Ministry of Corporate Affairs, Government of India dated 27.08.2007; the National Aviation Company of
India undertook to deal with the legal / legal proceedings which were initiated against the Transferor Companies
in respect of the period upto the effective date to the exclusion of the transferor Companies; it has undertaken to
pay all amounts including interest, penalties and damages etc., which the transferor companies may be called
upon to pay or secure in respect of liabilities or obligations relating to the transferor company for the period
upto the effective date, 27.08.2007; the name of the National Aviation Company of India limited is now
changed to Air India Limited from 24.11.2010. Sh. K S Narayan worked for M/s. G.D.S. Enterprises who was
engaged by Air India Limited in and around the year 1995 for carrying the job of cleaning and sweeping of Air
India premises at Airport. In and around 1997, the services of M/s G.D.S. Enterprises was dispensed with; the
workmen were engaged purely on causal need basis from time to time 2 days in a week for attending the casual
work. Causal employment of unskilled workmen on daily wages is without any issuance of Appointment order
42 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
or termination order. In and around 2002 Government of India mandated rationalization of the work procedure
at Air India wherein Air India, Indian Airlines and HAL constituted a joint working group. Thereupon, flight
handling activities were handled under the supervision of Contractor of the joint working group. Recruitment to
the 2nd Party is strictly mandated under the rules and policies by Government of India; recruitment is banned by
the Government since May 1997 as the 2nd Party was found to be over staffed, since then no fresh vacancy is
notified / filled in the unskilled categories. The 1st Party workmen filed Writ Petition No. 289-291/2000 for a
direction to the 2nd Party for absorption and regularisation of their services; Writ Petition was disposed with the
observation that if the petitioners are entitled for absorption by regularising their services the same may be
considered by the Respondent in accordance with Law. Since, there was no direct recruitment in the Company
they were not considered for regularisation; the workmen filed Review Petition No. 128/2001 in W.P No.
289-291/2000 and the same was rejected. Aggrieved workmen field a Contempt Petition before the Hon'ble
High Court in No. 2796-98/2001 to initiate contempt proceedings against the Company and its Officers for
disobeying the order dated 07.07.2000 (in the W.P No. 289-291/2000) said petition came to be dismissed. The
Assistant Labour Commissioner, Bangalore submitted his failure of Conciliation Report to the Central
Government on 16.04.2003. The Government vide order dated 28.11.2003 declined to refer the dispute for
adjudication with the observation that, the issue raised by the workmen has already been decided by the Hon'ble
High Court of Karnataka vide Writ Petition No. 25311-313/2002 and the Petition has been dismissed and hence
no Industrial Dispute subsists. Said Order was impugned before the Hon'ble High Court and the Writ Petition
was allowed directing the Central Government to pass appropriate Orders in accordance with the Law keeping
in view the observations made by the Hon’ble High Court. The claim of the 1st Party workmen is refuted.
There is no merit in their claim and they are not entitled for any relief.
3.
Both parties have adduced evidence with their documentary proof to substantiate their respective
stands. The concerned workmen are examined as WW-1 and WW-2; the Assistant General Manager (HRD)
retired is examined for the 2nd Party.
4.
During the cross examination of MW-1, he did not dispute the suggestion that the workmen were
working under the direct control and supervision of Officers of Air India Limited; they were provided identity
card to enter the Airport premises, they were paid wages by way of voucher by Accounts Department based on
the number of days of their work. He has categorically admitted that, no retrenchment compensation was paid
to the workmen at the time of their termination.
5.
The documentary proof of the 1st Party are - Ex W-1 Photostat copies of daily permits pertaining to
Sh. Mahadeva for the period 15.09.1997 to 15.12.1997; Ex W-2 the temporary pass of Sh. K S Narayana; Ex
W-3 Photostat copy of the fax message addressed to Senior Manager in respect of the casual workmen
including 1st Party seeking authority to make ex-gratia payment; Ex W-4 the Photostat copy of the daily
permits for the period 01.06.1996 to 30.06.2001; Ex W-5 the letter addressed by the Airport Manager to the
Airport Director seeking renew of temporary pass of the 1st Party workman; Ex W-6 the Photostat copy of the
letter of the Cargo Service Manager dated 18.06.2002 addressed to General Manager reporting engagement of a
new worker in the place of 1st Party Sh. K.S. Narayana and Manjunath(?); Ex W-7 the Photostat copy of the
payment slip in respect of November 1998 pertaining to Sh. K.S. Narayana for 28 days; Ex W-8 the Photostat
copy of the attendance for the month of August 1999 to June 2002; Ex W-9 the Photostat copy of the covering
letter of Airport Manager while forwarding the attendance (fax) of Narayan and Manjunatha (?) for the month
of August 1999; Ex W-10 the Photostat copy of the petty cash voucher of Sh. K S Narayana dated 02.07.2002;
Ex W-11 the Photostat copy of the letter of District Cargo Manager confirming that Narayan worked for 20
days in the month of June 1999; Ex W-12 and Ex W-13 the Photostat copy of the letter dated 20.12.1997 and
15.09.1997 by Airport Manager requesting to renew the daily permit in respect of Sh. Mahadeva; Ex W-14 the
Photostat copy of the fax message which is illegible for reading with naked eye; Ex W-15 the Photostat copy of
Ex W-1; Ex W-16 and Ex W-17 are the Photostat copy of the attendance card of Mahadeva for July 2001,
August 2001, October 2001, January to April 2002 and June 2002; Ex W-18 the Photostat copy of the petty
cash voucher for the period 12.09.1997.
6.
Sh. MD for the 1st Party submits that the workmen are illegally retrenched without following the
procedure contemplated by Sec 25-F of the Act, said fact is admitted by MW1. The 1st Party had filed an
application dated 03.10.2013 calling upon the Management to produce wage paid vouchers and the attendance
register for the period 01.01.1998 to 14.06.2002 which was objected by the 2nd Party as not relevant and also
that those documents are not now traceable. In that view of the matter, adverse inference needs to been drawn
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
43
against the 2nd Party for suppressing the material documents pertaining to the continuous service rendered by
the workmen for the period 01.01.1998 to 14.06.2002. The 1st Party workmen who are at the receiving end
were able to produce the Photostat copies of the documents which are in their custody.
Sh. MD adds, MW-1 since admitted that the workmen have served directly under the supervision of
the 2nd Party and their termination as admitted by the 2nd Party was without following the mandate of Sec 25-F
of the Act, they may be reinstated into their original post. They had litigated before the Hon'ble High Court for
regularization of their service, in the present reference, their claim is for reinstatement. Hence, the principle of
Res-judicata is not a bar to award relief in their favour.
In the written argument 2nd Party has referred to the judgment of the Apex Court it the matter of
Secretary State of Karnataka vs Uma Devi (2006) 4 SCC 1.
7.
The question of regularisation having been logically concluded by the orders of the Hon'ble High
Court, the endeavour in the present petition is only about the legality of the stoppage of work / termination
of the services of Sh. K.S. Narayan and Mahadeva w.e.f. 14.06.2002. The identity of the workmen is not
disputed. The very fact that they dragged the employer to the Court until their review petition was rejected vide
order dated 07.02.2001 is sufficient to infer that they were refused employment w.e.f. 14.06.2002. No valid
reason is shown by the 2nd Party for dispensing with their services, they are the casual workers appointed
without appointment order and terminated without termination letter. Since, the documents / Photostat copies
produced by the 1st Party is insufficient to establish their contention that they served continuously as temporary
employees till the last date of their service, I have no other go except to draw adverse inference on the basis of
the submission made by them in respect of the application filed by the 1st Party on 03.10.2013; in the said
application, the 1st Party had sought for wage paid vouchers and the attendance register for the period
01.01.1998 to 14.06.2002 and those documents are not produced under the pretext that they are misplaced. That
drives me to infer that they had worked continuously for the period 01.01.1998 to 14.06.2002. The service
since qualified by Sec 25-B of ‘the Act’ they could not have been refused employment without following the
mandate of Sec 25-F of ‘the Act’, that makes their removal w.e.f. 14.06.2002 an illegal retrenchment. Then the
question would arise about moulding of relief, both the workmen during the cross examination have admitted
that they are engaged in business and are eking out their livelihood.
In that view of the matter, ordering reinstatement as daily wagers at this point of time is not the appropriate
relief for them. Instead awarding a monetary compensation of Rs. 25,000/- to each of the workmen in the place
of notice pay of 3 months (Sec 25-F(B)) towards retrenchment compensation would serve the ends of justice
being met.
AWARD
The reference is accepted.
The action of the Management of Air India Limited in stoppage of work / terminating the services of
Sh. K.S. Narayana and Mahadeva w.e.f 14.06.2002 is not legal and not justified.
The 2nd Party is directed to pay monetary compensation at Rs. 25,000/- to each of the workmen within
60 days of publication of the Award in the Official Gazette failing which the amount shall carry future interest
of 6% per annum.
(Dictated to o/s Steno, transcribed by her, corrected and signed by me on 19th March, 2020)
Justice Smt. RATNAKALA, Presiding Officer
ubZ fnYyh] 1 tuojh] 2021
.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj eSllZ ch-lh-lh-,y- ds 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@Je U;k;ky; ua-&1] /kuckn ds iapkV ¼lanHkZ la[;k 07@2019½ dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-12-2020 dks izkIr gqvk FkkA
[la- ,y-20012@73@2018-vkbZvkj- ¼lh,e-1½]
jktsUnz flag] voj lfpo
44 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
New Delhi, the 1st January, 2021
S.O. 20.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court
No.1, Dhanbad (Ref. No.07 of 2019) as shown in the Annexure in the Industrial Dispute between the employers
in relation to the management of M/s. BCCL and their workmen, which was received by the Central
Government on 28.12.2020.
[No. L-20012/73/2018-IR(CM-I)]
RAJENDER SINGH, Under Secy.
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. 07/2019
Employer in relation to the management of M/s. R.K. Transport of Gajlitand OCP..
AND
Their workman
Present: Shri Dinesh Kumar Singh, Presiding Officer
Appearances:
For the Employers
: Sri D. K. Verma, Advocate
For the workman
: Sri Pintu Mondal. Representative
For the Contractor (R.K. Transport)
: Sri Ravi Agrawal
State : Jharkhand.
Industry:- Coal
Dated 29.10.2020
AWARD
By Order No.L-20012/73/2018-(IR(CM-1)) dated 14/12/2018 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 disputes for adjudication to this Tribunal:
SCHEDULE
“Whether the action of the Management of M/s. R.K. Transport in retrenchment of
Sri Md. Sikandar Ansari and 10 other workmen engaged in Gajlitand Open Cast Project under
Katras Area IV of M/s Bharat Coking Coal Limited without following the conditions as
prescribed under Section 25 F of the Act and not paying bonus, wages and other dues to these
workmen, are justified? If not, to what relief the workmen are entitled to.”
2. After receipt of the reference, all three parties were noticed and all three parties appeared for certain dates
but subsequently workman left taking step in this case. Further in course of hearing of the case, the Secretary
JJMU of Sponsoring Union Sri Pintu Mondal has informed that union is not interested in contesting the case
and Sri Agrawal Project Incharge of the R.K. Transport Company has informed that all dues including bonus
has already been paid. It is felt that the workman has lost its interest in this matter. Hence “No dispute” award is
passed. communicate.
D. K. SINGH, Presiding Office
ubZ fnYyh] 1 tuojh] 2021
.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj eSllZ ch-lh-lh-,y- ds 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@Je U;k;ky; ua-&1] /kuckn ds iapkV ¼lanHkZ la[;k 24@2005½ dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 28-12-2020 dks izkIr gqvk FkkA
[la- ,y-20012@255@2004-vkbZvkj- ¼lh,e-1½]
jktsUnz flag] voj lfpo
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
45
New Delhi, the 1st January, 2021
S.O. 21.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court
No.1, Dhanbad (Ref. No.24 of 2005) as shown in the Annexure in the Industrial Dispute between the employers
in relation to the management of M/s. BCCL and their workmen, which was received by the Central
Government on 28.12.2020
[No. L-20012/255/2004-IR(CM-I)]
RAJENDER SINGH, Under Secy.
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. 24/2005
Employer in relation to the management of C.V. Area of M/s. BCCL
AND
Their workman
Present: Shri Dinesh Kumar Singh, Presiding Officer
Appearances:
For Employer
: Sri S.N. Ghosh, Advocate
For workman
: Sri Lala Sahdeo Pd., Representative
State : Jharkhand.
Industry:- Coal
Dated 29.10 .2020
AWARD
By Order No.L-20012/255/2004-IR(C-I) dated 31.03.2005, 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 disputes for adjudication to this Tribunal:
SCHEDULE
“Whether the action of the management of BCCL, C.V. Area to dismiss Shri. Ajeet Bouri, Under
Ground Loader with effect from 17.08.2001, during the period when the workman was
terminally ill and had been referred by company hospital to Cancer Hospital is hasty, ill
intentioned and malafide? If so, whether the demand of Janta Mazdoor Congress that the
workman may be treated on rolls of the company till the date of his death and his dependent son
may be given employment under the provision NCWA is justified?
And, to what other relief the workman or his legal heirs are entitled?”
2. After receipt of the reference, both the parties were noticed. The sponsoring Union Janta Colliery Mazdoor
Congress has filed its written statement of claim on 18/08/2005 and the management C.V. Area of M/s. BCCL
has filed its written statement on 09/05/2006.
The Sponsoring Union has filed rejoinder to the written statement of the management on 16/07/2007.
3.
The claim of the concerned workman as per written statement filed by Janta Colliery Mazdoor
Congress is as follows:-
That concerned workman namely Ajeet Bouri was a permanent workman was employed at Dahibari
Colliery under C/V Area of M/s. BCCL and he was designated as Underground Loader with Sl. No. 4029 in the
‘B’ Form register of the aforesaid colliery. The concerned workman had been suffering from some ailment for
last few years prior to the year 2001 and he was under treatment at various places including the Colliery
Hospital and Company’s Hospital at Saraidhela, Dhanbad. The concerned workman was absent during the
period of his indisposition and he had submitted sick certificate for his illness for the period prior to the year
2001 and all these certificates are in the custody of the management of Dahibari Colliery. The concerned
workman again fell sick in the year 2001, so he failed to attend his duty at Dahibari Colliery from 12/02/2001
46 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
and at that time his family members were also suffering from illness. The concerned workman reported for his
duty on 17/04/2001 at Dahibari Colliery and submitted application regarding his illness as well as medical
certificate but the management of Dahibari Colliery asked him to report to management of Basantimata Colliery
for duty without issuing transfer order or release order. The concerned workman had reported to the office of
Dy. Personnel Manager, Basantimata Colliery but the Dy. Personnel Manager did not allow him to join duty and
subsequently the management of Basantimata Colliery had issued a charge-sheet No. BCCL/B.M/Agent/01/913
dated 3rd May 2001 with a copy to Agent Dahibari Colliery and Sr. P.O., Dahibari Colliery stating therein that
workman was absent from 12/02/2001 to 21/04/2001 at Dahibari Colliery without any information. The
aforesaid charge-sheet was issued to the concerned workman when he was sick and was under the treatment of
N.L.O.C.P. Colliery Dispensary under C/V Area for vomiting and fever since 04/05/2001 to 31/05/2001 and
Medical Superintendent declared him fit from 01/06/2001. Subsequently the concerned workman was under
treatment of local registered doctor where he was treated for jaundice from 01/06/2001 to 19/06/2001 and was
declared fit for work form 20/06/2001. After that the concerned workman reported for his duty with the medical
certificates but he was not allowed to resume duty. The charge-sheet was issued to the concerned workman
without issuance of any show cause notice to him and without holding any preliminary enquiry as well as
without any report from the Section In-charge of the Colliery. Subsequently Enquiry Officer was appointed vide
letter dated 11/12.07.2001 to conduct enquiry and he started the proceeding of enquiry. The entire enquiry
proceeding was biased and perfunctory and both the witnesses of management were arranged and tutored. In the
meantime the management of Basantimata Colliery had issued a letter no. BM/Agent/01/1713 dated 10/08/2001
to the concerned workman and he had submitted a representation in reply to the aforesaid letter showing
mitigating stand that he was already under treatment. The concerned workman who was already under treatment
of Colliery Medical Hospital and later on he was referred to Central Hospital of BCCL, Saraidhela, Dhanbad
where he died on 15/02/2002 after diagnosis that he was suffering from cancer. In the meantime, a show cause
was issued on 10/08/2001 to the concerned workman who had submitted the representation dated 11/08/2001
but he was dismissed on 14/08/2001 without obtaining approval of General Manager which is required as per
Certified Standing Orders.
A prayer has been made by the sponsoring union that the workman may be treated as on roll of the
Colliery till the date of his death and his dependent son should be given employment under the provision of
NCWA along with all other benefits such as payment of Life Cover Scheme and Special Leave Wages for
sickness due to cancer.
In course of hearing of the case a petition has been filed by the wife of the deceased workman for
substituting the name of her deceased husband by her son namely Jaidev Bouri and the same has been allowed
vide order dated 07/05/2012.
4.
The case of the management as per written statement cum rejoinder filed by C.V. Area, BCCL,
Dhanbad is as follows:-
That there is no valid Industrial Dispute in the present case in the eye of law or within the meaning of
Section 2(K) of the I.D. Act. The reference order is vague and suffers from the vice of total non-application of
mind and the reference is abuse of the process of law. The concerned workman namely Ajeet Bouri was absent
from his duty since 12/02/2001 for which a charge-sheet was issued and served to him under clause 26.1.1 of the
certified standing order vide charge-sheet no. 931 dated 03/05/2001. Subsequently the concerned workman
Ajeet Bouri submitted his reply to the said charge-sheet which was found not satisfactory and an enquiry was
ordered by the management by appointing an impartial Enquiry Officer. The concerned workman appeared
himself before the Enquiry Officer and he was given full opportunity to defend his case in the enquiry
proceeding. The Enquiry Officer after completion of enquiry had found the charges of willful absence of Ajeet
Bouri proved beyond doubt which is the misconduct. The concerned workman Ajeet Bouri was a habitual
absentee and on previous occasion, he was warned several times but he did not changes his attitude, so after
considering his records the Agent of Basantimata Colliery dismissed him from the services of the Company. The
concerned workman had been dismissed from the service, so he was not entitled for his treatment in Company’s
dispensary/hospital and his dependent is not entitled for employment against his death. A prayer has been made
to pass an award holding that the concerned workman is not entitled to any relief.
5.
The management has further mentioned in its written statement cum rejoinder that the statement of
sponsoring union in Para no. 1 and 2 are matter of records, statement made in Para nos. 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14 15, 18, 19, 24 and 29 are incorrect, the statement made in Para nos. 16 & 17 regarding enquiry cannot
be said as perfunctory, the statement made in Para no. 20 has already been replied, statement made in Para no.
21, 22 and 23 regarding second show cause was not found satisfactory, statement made in Para nos. 25 and 28
and 30 are repetition and statement made in Para no 26 and 27 is fiction of mind. A prayer has been made to
pass an Award in favour of the management.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
47
6.
The concerned workman has submitted his rejoinder to the written statement of the management in
which he denied almost all the averments made in the written statement of the management.
7.
The sponsoring union has filed an affidavit of examination in chief of Lala Sahdeo Prasad as WW-1
but the aforesaid witness subsequently did not appear before the Tribunal for cross-examination.
Now, the WW-1 Lala Shadeo Prasad has not been tested on the cross-examination, so his evidence in
examination in chief is not trustworthy and reliable, so it has got no value in the eyes of law.
8.
The concerned workman has proved the following documents which are marked as:-
Exhibit W-1- Photo Copy of application of Ajeet Bouri regarding his request to allow him to join his duty.
Exhibit W-2- Photo Copy of forwarding letter to Central Hospital, Dhanbad for treatment of Ajeet Bouri.
Exhibit W-3 series- Photo Copy of Discharge Certificate dated 08/12/2001 of Ajeet Bouri from Central
Hospital, Dhanbad and was referred to Chittaranjan Cancer Institute Calcutta with others medical certificates.
Exhibit W-4- Photo Copy of Circular regarding procedure for dealing the cases of misconduct.
Exhibit W-5- Death Certificate of Ajeet Bouri issued by Dr. A.K. Bhowmik, Medical Suptd., N.L.O.C.P., C.V.
Area of BCCL.
9.
The Management has not examined any witness in support of its case.
10.
The Management has proved the following documents which are marked as:-
Exhibit M-1- Carbon Copy of Dismissal Order dated 14/09/2001 of workman Ajeet Bouri.
.Exhibit-M-2- Original Enquiry Proceedings and Original Enquiry report.
Exhibit M-3- Carbon Copy of letter dated 11/07/2001 regarding appointment of Enquiry Officer.
Exhibit M-4- Carbon Copy of notice dated 11/07/2001 regarding enquiry.
Exhibit M-5- Carbon Copy of Letter dated 10/08/2001 regarding reply on enquiry report.
11.
The representative of the sponsoring union representing the concerned workman has submitted before
the Tribunal that the concerned workman Ajeet Bouri was suffering from illness and he had taken leave for two
days 10/02/2001 to 11/02/2001, he could not report his duty on 12/02/2001as he was sick and he had submitted
an application for extension of his leave. He has also argued that on 17/04/2001 the concerned workman had
gone to join his duty with fitness certificate but he was asked to report at Basantimata Colliery as he was
transferred. He has also argued that the concerned workman was not allowed to join at Basantimata Colliery and
a charge-sheet was issued against him for his unauthorised absence from the period 12/02/2001 to 21/04/2001.
He has also argued that the concerned workman was absent from duty for the aforesaid period when he was sick
along with his family member, so he could not join his duty. He has also submitted that the concerned workman
again fell sick and he was admitted to Central Hospital, Saraidhela on 07/10/2001 and in course of treatment he
died from cancer on 15/02/2002 but the management had dismissed the concerned workman on 14/08/2001. He
has also argued that the concerned workman was illegally dismissed from service while he was under medical
treatment, so the action of the management in dismissing him from service is not legal and justified. He has also
argued that the punishment awarded to the concerned workman is disproportionate to his guilt. He has further
submitted that the concerned workman may be reinstated and the legal heirs of the concerned workman are
entitled to all benefits granted to dependent of this case in case of death of the workman.
12.
On the other hand the learned lawyer of the management has submitted before the Tribunal that the
concerned workman was charge-sheeted on 03/05/2001 for his unauthorised absence from duty from 12/02/2001
to 21/04/2001 and he was a habitual absentee. He has further argued that a domestic enquiry was held against
the concerned workman and in course of enquiry proceeding the concerned workman had participated and he
was given full opportunity to defend himself but he had not produced any paper to show that he was suffering
from cancer. He has also argued that the concerned workman was dismissed from service w.e.f. 14/08/2001 and
subsequently he died on 15/02/2002. He has also argued that after death of concerned workman, this Industrial
Dispute was raised. He has further submitted that the concerned workman died on 15/02/2002 and dispute was
raised in the year 2004, so there is no question of substitution in this case. He has also submitted that the
concerned workman was not entitled for any relief under the Industrial Dispute Act.
13.
Now the only point of determination in this case is whether the action of the management of BCCL,
C.V. Area to dismiss Shri Ajeet Bouri, Undergournd Loader w.e.f. 17/08/2001 is hasty, ill-intentioned and
malafide and to what relief he is entitled to.
48 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
FINDINGS
14.
At the outset of discussion it is required to mention here that neither the sponsoring union nor the
management has adduced any oral evidence in this case, so the entire case is based on documentary evidence.
15.
It is an admitted fact that the concerned workman namely Ajeet Bouri was absent from his duty since
12/02/2001 to 21/02/2001 and he had given an application for his joining duty but he was not allowed to join
and subsequently the charge-sheet was issued to him for his absence from duty by the management of
Basantimata Colliery. It is also an admitted fact that the enquiry was conducted by Enquiry Officer namely Shri
A. Prasanna, Dy. P.M., Basantimata Colliery in which the concerned workman was found guilty and
subsequently a second show cause was issued to him on 10/08/2001 to which he had submitted his reply on
11/08/2001 but vide order dated 14/08/2001 he was dismissed from service. It is also an admitted fact that the
concerned workman died on 15/02/2002 as he was suffering from carcinoma.
16.
It is relevant to mention here that in this case the concerned workman had participated in the enquiry
proceeding and he had been given an opportunity to cross-examine the witness as well as to adduce it is witness.
Further a second show cause was issued to him at he had submitted his reply, so the Enquiry Officer had
conducted the enquiry in fair and proper manner.
17.
Now, the question arises whether the punishment of dismissal from service vide order dated
14/08/2001 awarded to the concerned workman is proportional to his guilt or not?
18.
At this stage, it is relevant to mention Section 11A of I.D. Act. The Section 11A of I.D. Act reads as
follows:-
Section 11A- “Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in
case of discharge or dismissal of workmen- Where an industrial dispute relating to the discharge or
dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for
adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is
satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the
order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions,
if any, as it thinks fit, or give such other relief to the workman including the award of any lesser
punishment in lieu of discharge or dismissal as the circumstances of the case may require.”
19.
The Hon’ble Supreme Court has been pleased to observe in a case as reported in 1973 AIR 1227
(Workmen of Messrs Firestone Tyre…Vs Management & others) that:-
“The Act is beneficial piece of legislation enacted in the interest of employees. It is well settled that in
construing the provisions of a welfare legislation, courts should adopt, what is described as a beneficent
rule of construction. If two constructions are reasonably possible to be placed on the section, it follows
that the construction which furthers the policy and object of the Act and is more beneficial to the
employees has to be preferred. The interpretation must be liberal enough to achieve the legislative
purpose”.
20.
However the Hon’ble in a another case as reported in 2005 (2) SCALE 302 (Mahindra and
Mahindra Ltd. Vs. N.B. Narawade) has been pleased to hold that:-
“ It is no doubt true that after introduction of Section 11A in the Industrial Disputes Act, certain
amount of discretion is vested with the Labour Court/Industrial Tribunal in interfering with the
quantum of punishment awarded by the Management where the concerned workman is found guilty of
misconduct. The said area of discretion has been very well defined by the various judgments of this
court referred to herein above and it is certainly not unlimited as has been observed by the Division
Bench of the High Court. The discretion which can be exercised under Section 11A is available only on
the existence of certain factors like punishment being disproportionate to the gravity of misconduct so
as to disturb the conscience of the Court, or the existence of any mitigating circumstances which
requires the reduction of the sentence, or the past conduct of the workman which may pursuade the
Labour Court to reduce the punishment. In the absence of any such factor existing, the Labour Court
cannot by way of sympathy alone exercise the power under Section 11A of the Act and reduce the
punishment.”
21.
In the present case the concerned workman had been dismissed from the service vide order dated
14/08/2001only because he was absent from duty from 12/02/2001 to 21/04/2001.
At this stage it is relevant to mention that the concerned workman Ajeet Bouri was initially employed
in Dahibari Colliery under C/V Area of M/s. BCCL but during his period of absence he was transferred to
Basantimata Colliery from there charge-sheet was issued to him for his absence on 3rd May 2001.
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
49
22.
It is required to mention here that the Exhibit W-1, which is the photo copy of application of concerned
workman namely Ajeet Bouri shows that on his application there is an endorsement that the last date of work of
concerned workman was on 09/02/2001, C.L was granted to him on 10/02/2001 and he was absent from
12/02/2001 to 21/04/2001.
It is necessary to mention here that the Exhibit W-3 series show that Ajeet Bouri was under treatment
from 05/05/2001 to 31/05/2001 and subsequently from 01/06/2001 to 19/06/2001 as he was suffering from
Jaundice. Further there is a discharge certificate of Central Hospital BCCL, Dhanbad showing therein admission
of the concerned workman on 07/11/2001 and discharge on 08/12/2001 with endorsement that the patient was
referred to Chitranjan Cancer Institute Calcutta with one attended. Further the Exhibit W-5 which is death
certificate of the concerned workman shows that the concerned workman died on 15/02/2002 as he was
suffering from carcinoma.
23.
Now in the instant case there is ample evidence showing that the concerned workman was granted
casual leave on 10/02/2001 and when he had reported for his joining at Dahibari Colliery, he was asked to report
at Basantimata Colliery where he was charge-sheeted for his absence from duty on 12/02/2001 to 21/04/2001.
More over there is also evidence that the concerned workman was under medical treatment from 05/05/2001 to
till his death on 15/02/2002 and in the meantime he was dismissed from the service vide order dated 14/08/2001.
24.
It is relevant to mention here that the wife of the deceased workman has filed a petition before the
Tribunal that neither she nor any legal heirs would claim service in future in place of her deceased husband but
the petition is not in accordance with the schedule of reference made by the Ministry of Labour & Employment
so the petition is not being considered.
25.
In view of above discussion the Tribunal finds that the punishment awarded to the concerned workman
for his absence from duty for about two months only whereas he was suffering from ailments and he died in
course of treatment of Carcinoma on 15/02/2002, so the punishment awarded to him is disproportionate to the
gravity of the misconduct and there is existence of mitigating circumstances which requires reduction of
punishment.
26.
Hence the Tribunal comes to the conclusion that the order of dismissal of concerned workman is not
justified, so the order of dismissal dated 14/08/2001 is set aside.
27.
Now the Tribunal renders the following Award:-
“The action of the management of BCCL, C.V. Area to dismiss Shri. Ajeet Bouri, Under Ground
Loader with effect from 17/08/2001 during the period when the workman was terminally ill and had
been referred by company hospital to Cancer Hospital is hasty, ill intentioned and malafide. Hence the
demand of Janta Mazdoor Congress that the workman be treated on the rolls of the company till the
date of his death and his dependent son be given employment under provisions of NCWA is justified.”
28.
Hence the concerned workman/legal heir is entitled for relief which is as under:-
The management of BCCL, C.V. Area is directed to treat the concerned workman namely Ajeet Bouri
on rolls of the company till the date of his death and his dependent son namely Jaidev Bouri be given all back
wages as well as all the death benefits along with employment and other consequential benefits under the
provisions of NCWA as the concerned workman died in course of service on 14/03/2006.
29.
The management of C.V. Area of M/s. BCCL is directed to implement the award within one month
after publication of the Award in Official Gazette.
This is the Award of the Tribunal.
D. K. SINGH, Presiding Officer
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50 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
New Delhi, the 1st January, 2021
S.O. 22.—In pursuance of Section Industrial Dispute Act, 1947 (14 of 1947), the Central Government
hereby publishes the award of the Central Government Industrial Tribunal-cum-Labour Court, Bangalore
(Ref. No. CR 21 of 2008) as shown in the Annexure in the Industrial Dispute between the employers in relation
to the management of M/s. Indian Airlines Ltd., and their workmen, which was received by the Central
Government on 28.12.2020.
[No. L-11012/2/2008-IR(CM-I)]
RAJENDER SINGH, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
BANGALORE
DATED : 27TH MAY, 2020
PRESENT : JUSTICE SMT. RATNAKALA, Presiding Officer
CR 21/2008
I Party
II Party
Sh. J Ramdas,
S/o Late Sh. J Vittal,
R/o Trupti, Shivabhag,
1st Cross,
Mangalore - 575002.
The General Manager,
Indian Airlines Limited,
New Engineering Complex,
Sahar, Vile Parle (East),
Mumbai - 400099.
Appearance
Advocate for I Party : Mr. Ramesh Upadhyaya
Advocate for II Party : Ms. K. Subha Ananthi
AWARD
The Central Government vide Order No. L-11012/2/2008-IR(CM-I) dated 24.03.2008 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 (for brevity ‘the Act’ hereafter) referred the following Industrial Dispute for adjudication.
“Whether the action of the management of M/s Indian Airlines Ltd. in dismissing the services of
Sh. J Ramdas, Sr. Accounts Assistant w.e.f. 14.03.2000 is justified and legal? If not, to what
relief is the concerned workman entitled?”
1.
The 1st Party workman is the former employee of the 2nd Party / M/s Indian Airlines who is dismissed
from service on the charge of misconduct having been proved against him in a Departmental Enquiry; he has
raised the dispute challenging the fairness of the Domestic Enquiry conducted against him which calumniated in
his dismissal so also the legality of the punishment order imposed.
He claims that he has not committed misconduct as alleged and the order of punishment is illegal and
unjust. In view of the punishment order his livelihood is taken away and his family is put to financial hardship.
2.
The 2nd Party in their statement have justified the action taken against him.
3.
On the basis of the rival pleading pertaining to the validity of the Domestic Enquiry a Preliminary
Issue was raised, tried and adjudicated vide order dated 25.06.2019, it is observed that ‘despite opportunity was
provided it was the 1st Party who did not avail the same to defend himself against the charges, thus the issue
was answered affirmatively in favour of the management’.
4.
The 1st Party was charged on 3 counts, the Charge Sheet runs into 11 pages to edify the same, Firstly,
while working as Cashier at Mangalore during 1996-97 he was assigned the duty of Collection, Remittance and
Accounting of sales remittances from Agents; on 09.05.1996 M/s Ashish International Travels remitted cash of
Rs. 2,32,670/-. The CE prepared RF-7/3795651 and issued the original copy to the agent for the said amount
but accounted only Rs. 2,12,670/- in the other copies of the said RF-7/3795651, thereby misappropriated Rs.
20,000/- for his personal gain. Subsequently after a lapse of 40 days he accounted the said amount of Rs.
20,000/- and upon a debit note No. 63747 dated 03.12.1996 raised on the agent for Rs. 547/- towards penal
interest, he paid the said amount without the knowledge of the Agent. The CE had confirmed the transaction,
[भाग II— ण् ड 3(ii)]
भारत का रािपत्र : िनवरी 9, 2021/पौष 19, 1942
51
admitted his handwriting in the documents and gave statements dated 04.04.1997 and 05.04.1997 admitting the
fraudulent and wilful act. Thereby committed misconduct under Standing Order 1 and 16 and Clause 4, 8, 12
to 14.
Secondly, M/s Suraj Tours and Travels, Belman withdrawn Rs. 36,005/- from the Account No. 51 of
the Corporation Bank and remitted the amount to the CE on 05.11.1996 but the CE without issuing proper
receipt in RF-7, issued a receipt for Rs. 36,005/- in a sheet of paper; he did not account the remittance of the
amount but prepared RF-7/4179392 on 11.11.1996 for an amount of Rs. 12,033/- only. Thus, misappropriated
Rs. 36,005/- from 05.11.1996 to 11.11.1996 and Rs. 23,972/- from 11.11.1996 for his personal gain. He
wilfully did not forward AGT-2/109243 dated 01.11.1996 and AGT-4/252742 dated 01.11.1996 submitted by
the Agent to the Area Revenue Division at Mumbai but prepared AGT-4 and AGT-2 from the stationary held by
him and thus pasted Sl. No. 252742 and 109243 respectively on the forged documents. He reflected
Rs. 12,033/- on AGT-4 as against Rs. 36,005/- and indicated Rs. 14,325/- as against Rs. 38,297/- on AGT-2.
He omitted the sales effected on 28th, 29th and 31st of October; correspondingly forged AGT-1/138088
dated 28.10.1996, AGT-1/138089 dated 29.10.1996 and AGT-1/138091 dated 31.10.1996 by pasting the serial
numbers of the original documents on the forged documents. M/s Suraj Tours and Travels withdrew a sum of
Rs. 26,573/- from Account No. 51 of the Corporation Bank on 20.11.1996 and remitted the said amount to the
CE on 20.11.1996. Without issuing proper receipt for the payment received CE did not account the remittance
till 16.02.1997.
He tampered AGT-2 and AGT-4 submitted by the agent.
He wilfully reflected a sum of Rs. 50,544/- on AGT-4 and AGT-2 against Rs. 26,573/- and accounted
for remittance of Rs. 50,544/- vide RF-7/4277164 dated 16.02.1997; he fraudulently altered the sales effected
on 01.11.1996 and 02.11.1996 as Rs. 11,600/- and Rs. 22,056/- instead of Rs. 2,900/- and Rs. 5,800/- and
correspondingly forged the documents and pasted the serial numbers of the original documents on the forged
documents, and included the sales effected which were wilfully deleted….
He altered the date of issue from 28.10.1996 to 02.11.1996 in respect of Tickets……..
Without the knowledge of the Agent he remitted Rs. 2,941/- towards penal interest for delayed
remittance pertaining to the sales of first fortnight of November, 1996 vide RF-7/4277165 dated 16.02.1997.
He was collecting remittances from the Agents in cash in contravention of the subsisting instructions….He
misappropriated remittances made by M/s Suraj Tours and Travels in respect of the sales pertaining to second
fortnight of February, 1996 and first fortnight of March, 1996 and without the knowledge of the Agent paid
penal interest of Rs. 166/- vide RF-7/3795461 24.03.1996 and Rs. 138/- vide RF-7/3795489 dated 09.04.1996
relating to the payments for the second fortnight of February, 1996 and first fortnight of March, 1996.
The above act amounts to misconduct under Standing Order 1 and 16 and Clause 4, 8, 12 to 14.
Thirdly, the Area Revenue Division, Mumbai had issued a Credit Note No. 2851 dated 31.03.1996 for
Rs. 18,502/- in favour of M/s Suraj Tours and Travels which he did not pass on to the agent.
The Travel agent submitted AGT-4/252732 dated 01.06.1996 and remitted Rs. 62,102/- in respect of
sales effected during second fortnight of May, 1996, but the CE tampered with AGT-4 and accounted only
Rs. 43,600/- vide RF-7/3795696 dated 10.06.1996 and misappropriated Rs. 18,502/-. The above act amounts
to misconduct under Standing Order 1 and 16 and Clause 4, 8, 12 and 13.
5.
During the enquiry on behalf of the prosecution four witnesses were examined and as many as 39
documents were marked. The evidence of the management witnesses remained intact without cross
examination and without defence evidence.
6.
The first witness was Sh. A Ram Babu, Station Manager. Among other things he had stated that
during the investigation the CE admitted having misappropriated the payments made by agents and pleaded
guilty. He rendered confessional statements to the Vigilance without any coercion; the Vigilance also recorded
the statements of the agents and other concerned Indian Airlines Staff at Mangalore. He identified the signature
of the CE on the relevant documents so also the statement given by the CE pleading guilty of falsification of
revenue records and defalcation of revenue not only in respect of M/s Ashish International Travels but also M/s
Surja Tours and Travels dated 04.04.1997 consisting of 12 pages ME-12/A and another statement of the CE
admitting falsification of document and misappropriation of revenue collection in respect of M/s Suraj Tours
and Travels dated 04.04.1997 of 8 pages ME-12/B; his further statement consisting of 6 pages dated 05.04.1997
ME-12/C, the witness stated that all the above 3 statements were recorded in his presence and signed by himself
and CE, Sh. Ramdas gave his statement out of his will and without coercion; Sh. Ramdas, Sh. Mokal, Vigilance
Supdt., Sh. Rajgopalan, Manager (Vigilance) and witness had signed the document.
52 THE GAZETTE OF INDIA : JANUARY 9, 2021/PAUSHA 19, 1942
[PART II—SEC. 3(ii)]
7.
The second witness was the Proprietor of M/s Suraj Tours and Travels, Belman and authorised
Passenger Sales Agent of Indian Airlines since 1995 selling Indian Airlines Tickets.
The third witness was the Senior Manager (Vigilance) of the 2nd Party who conducted the
investigation. He had recorded the statements of the CE in the presence of witnesses, whereby the CE had
admitted the charges. The witness also further stated that he had recorded the statement of Sh. S K Shetty on
24.04.1997 in the presence of Sh. Ram Babu and CE, wherein Sh. Shetty had given detailed account of his
transaction with Indian Airlines pertaining to the period in question; his statement was followed up by the
Statement of CE in the presence of Sh. Rama Babu wherein CE pleaded guilty of misappropriation of funds,
forgery of documents and alterations effected in the Agent’s documents besides the tickets issued by the Agent.
The fourth witness was the Accounts Assistant, who had worked during 1996-97 under CE / Senior
Accounts Assistant.
8.
On the basis of the undisputed oral and documentary evidence, the Enquiry Officer has recorded the
finding of guilt in respect of all the 3 charges. The Disciplinary Authority marked the Enquiry Report along
with proposal of punishment i.e. ‘Removal from Service’; his past records of suffering minor punishments on 3
occasions were also cited in the said letter. CE submitted his explanation, sought for reopening of the enquiry
proceedings, and to give him proper opportunity for defending himself against the charges; he did not dispute
his past records. The Disciplinary Authority did not appreciate his prayer for reopening the enquiry and
observed “… you had been afforded ample opportunity and of your own accord chosen to stay away from the
enquiry…” and thus proceeded to pass the punishment order of ‘Removal from Service with immediate effect’.
9.
The 2nd Party have not produced the records marked during the enquiry. However, these are all the
admitted documents never disputed by the 1st Party. Ongoing through the enquiry records I am convinced that
Enquiry Officer has founded his finding on the genuine documents coupled by the statement given by the 1st
Party before the Vigilance Officer admitting his misconduct. The misconduct proved during the enquiry is of
misappropriation, tampering the documents etc. He has failed to maintain integrity in performance of his duties
and the punishment of Removal from Service is the appropriate punishment.
AWARD
The Reference is rejected.
(Dictated to o/s Steno, transcribed by her, corrected and signed by me on 27th May, 2020)
Justice Smt. RATNAKALA, 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.
SURENDER
MAHADASAM
Digitally signed by
SURENDER MAHADASAM
Date: 2021.01.18 16:02:57
+05'30'