3020 GI/2022
(937)
रजजस्ट्री सं. डी.एल. (एन) 04/0007/2003—05
REGD. NO. D. L. (N) 04/0007/2003—05
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प्राजधकार से प्रकाजित
PUBLISHED BY AUTHORITY
साप् ताजहक
WEEKLY
सं.
19]
नई ददल् ली, मई 8— मई 14, 2022, िजनवार/ वैिाख 18— वैिाख 24, 1944
No. 19]
NEW DELHI, MAY 8—MAY 14, 2022, SATURDAY/ VAISAKHA 18–VAISAKHA 24, 1944
इस भाग में जभन् न ृृ् सं् या दी जाती है जजससे दक यह ृृथक संकलन के प ृ में रखा जा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भागII—खण् ड 3—उृ-खण् ड(ii)
PART II—Section 3—Sub-section (ii)
भारत सरकार के मंत्रालयों (रक्षा मंत्रालय को छोड़कर) द्वारा जारी दकए गए सांजवजधक आदेि और अजधसूचनाएं
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
कार्ममक, लोक जिकायत और ृेंिन मंत्रालय
(कार्ममक और प्रजिक्षण जवभाग)
नई ददल् ली, 7 मई, 2022
का.आ. 453.—केंद्र सरकार, राजभाषा [संघ के िासकीय प्रयोजनों के जलए प्रयोग] जनयमावली, 1976
(यथा संिोजधत 1987, 2007 और 2011) के जनयम 10 के उृ-जनयम (4) के अनुसरण में कार्ममक और प्रजिक्षण जवभाग के
अधीनस्ट् थ कायाालय केंद्रीय अन् वेषण ब् यूरो के अधीन जनम् नजलजखत कायाालयों, जजसके 80 प्रजतित से अजधक कमाचाररयों ने
हहदी भाषा का कायासाधक ज्ञान प्राप्त कर जलया है, अजधसूजचत करती हैः-
1.
भ्रष्टाचार जनरोधक िाखा, कोलकाता
2.
जविेष अृराध िाखा, कोलकाता
3.
आर्मथक अृराध िाखा, कोलकाता
सी.जी.-डी.एल.-सा.-19052022-235873
CG-DL-W-19052022-235873
938 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
4.
भ्रष्टाचार जनरोधक िाखा, गोवाहाटी
5.
भ्रष्टाचार जनरोधक िाखा, गोवा
[फा. सं. ई -15023/1/2020-हहदी]
रजमम चौधरी, अृर सजचव
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 7th May, 2022
S.O. 453.—Central Government in pursuance of Sub-Rule (4) of Rule 10 of official languages [Use for
official purpose of union] Rules, 1976 (as amended in 1987, 2007 and 2011) hereby notifies the following offices
under the Central Bureau of Investigation, a subordinate office of Department of Personnel and Training whose more
than 80 percent staff has acquired working knowledge of Hindi language:-
1. Anti Corruption Branch, Kolkata
2. Special Crime Branch, Kolkata
3. Economic Offences Branch, Kolkata
4. Anti Corruption Branch, Guwahati
5. Anti Corruption Branch, Goa
[F. No. E-15023/1/2020-Hindi]
RASHMI CHOWDHARY, Addl. Secy.
स्ट् वास्ट् ् य और र र
नई , 13 मई, 2022
का.आ. 454.— न न र और न ( न र और
न ) न , 2017 (2017 16) धार 12 ह र ह र र र ,
ह , न न न र और न
न र ;
और 2 न न र और न ( न र और
न न 2018 , न , आई और न र र ह ,
, र र न न र और न
( न र और न ) न , 2018 न ३ न न र और
न ( न र और न र ) न , 2017 (2017 16) धार 12 र
र , न बं न न र न न न
र और न न , 2022 र ह
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
939
अनुसूची
स्ट्थाृनों के जलए एचआईवी और एड्स नीजत 2022
जवषय सूची की ताजलका
संजक्षप्त प ृ
अध्याय 1: ृृष्ठभूजम और र जस्ट्थजत
1. ृृष्ठभूजम
भारत में जस्ट्थजत
अध्याय 2: नीजत का मूलाधार, उद्देमय और कायाक्षेत्र
1. मूलाधार
2. उद्देमय
3. कायाक्षेत्र
अध्याय 3: स्ट् थाृनों के जलए मागादिाक जसधांत
अध्याय 4:गैर-
1. गैर-
(1) रोजगार तथा व्यवसाय में ृक्षृात न दकया जाना
(2) स्ट्वास्ट््य ृररचयाा और िैक्षजणक स्ट्थाृनाएं
(3) सावाजजनक सुजवधाएं और संसाधन
(4) सरकारी और जनजी कायाालय में काया करना
(5) हर में लेना
(6) गजतजवजध का अजधकार
(7) अलगाव
(8) रोजगार प्राप्त करने की ृूवााृेक्षा के प ृ में एचआईवी जांच जनजषध
(9) जनवास करने का अजधकार
अध्याय 5: एचआईवी जस्ट्थजत और एचआईवी संबंधी आंकड़ों के संबंध में गोृनीयता
1. एचआईवी जस्ट्थजत से संबंजधत गोृनीयता
2. एचआईवी ृॉजजरटव व्यजि के जीवन साथी को जस्ट्थजत का र
3. एचआईवी से संबंजधत डाटा की गोृनीयता
अध्याय 6: जिकायत जनवारण तंत्र
1. जिकायत अजधकारी: कताव्य, िजि और उत्तरदाजयत्व
(1) जिकायतों को स्ट्वीकार करना
(2) जिकायत दजा कराने में सहायता करना
(3) जिकायतों की ृावती और र र
(4) जनणाय करने हेतु समय-सीमा
(5) जनणाय लेने की िजियां
(6) जिकायतकताा को सूजचत करना
(7) ररृोर्टटग तंत्र
(8) गोृनीयता
(9) डेटा प्रबंधन
अध्याय 7: जहतधारकों, न , कमाचाररयों इत्यादद की मु्य कायानीजत और उत्तरदाजयत्व
1. मु्य कायानीजत
2.जनयोिा / चैंबर / उद्योगों की भूजमका
3. प्रिासजनक कमाचाररयों सजहत जनयोिाओं की भूजमका
940 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
(1) नीजत में ृररभाजषत जसधांतों का कायाान्वयन
(2) न न र और न ( र , न र ) अजधजनयम, 2017 की
मूल बातों ृर कमाचाररयों का जनयजमत क्षमता जनमााण
(3) जिकायत अजधकारी का ृदनाम
(4)जिकायत अजधकारी का प्रजिक्षण
(5) गोृनीयता बनाए रखना
(6) जिकायत अजधकारी कायाालय की कायाृधजत
(7) जागप कता सृजन
4. कमाचाररयों या सहकर्ममयों की भूजमका
5. एचआईवी से संक्रजमत व्यजि की भूजमका
6. और र र (र न न) और र न
ृररजिष्ट क
संजक्षप्त प ृ
एड्स
न
एआरटी
एंटी-रेरोवाइरल थेरेृी
सीएसआर
कॉृोरेट सामाजजक उत्तरदाजयत्व
डीएएलएसए
जजला जवजधक सेवा प्राजधकरण
डीएृीसीयू
जजला एड्स रोकथाम और जनयंत्रण इकाई
डीएमसी
डाटा प्रबंधन सजमजत
एचआईवी
न न र
आईसीटीसी
एकीकृत ृरामिान और ृरीक्षण केंद्र
आईईसी
सूचना, जिक्षा और संप्रेषण
एलएफ़ए
एड्स संबंधी जवधायी फोरम
नाको
राष्ट्रीय एड्स जनयंत्रण संग न
एनएसीृी
राष्ट्रीय एड्स और जनयंत्रण कायाक्रम
ृीईृी
ृोस्ट्ट एक्सृोजर प्रोदफलैजक्सस
ृीएलएचआईवी एचआईवी के साथ जी रहे व्यजि
एसएसीएस
राज्य एड्स जनयंत्रण सोसाइटी
एससीए
राज्य एड्स ृररषद
एसडीजी
सतत जवकास लक्ष्य
एसओृी
मानक ृररचालन प्रदक्रया
एसटीआई
यौन र संक्रमण
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
941
अध् याय-1
ृृष्ठभूजम और र जस्ट्थजत
1. (1) ृृष्ठभूजम- आज तेजी से जवकजसत हो रहे जवश्व में स्ट्ृष्ट आर्मथक और सामाजजक जवकास सुजनजित करने के जलए
स्ट्वास्ट््य अन्य प्राथजमकताओं में से एक है। स्ट्वास्ट््य और अथाव्यवस्ट्था का एक दूसरे के साथ चोली दामन का साथ है, जजन
देिों ने स्ट्वास्ट््य, समानता तक सावाभौजमक अजभगम् यता सुजनजित करने और स्ट्वास्ट््य ृररचयाा की गुणवत्ता में सुधार लाने
का लक्ष्य रखा है वे बाकी दुजनया से आगे रहे हैं। मजबूत और सक्षम कायाबल सम्र उत्ृादकता को ब़ााता है और
सकारात्मक आर्मथक नतीजों के माध्यम से सरकार और देि को फलने-फूलने में मदद करता है और इस प्रकार राष्ट्रीय
खुिहाली में अृना योगदान देता है।
एचआईवी और एड्स उत्ृादनिील कायाबल के जलए एक खतरा है। इससे अजधक हजदजगयां प्रभाजवत हुई हैं,
जजससे लोग अृनी ज्ञात या मान ली गई एचआईवी ृॉजजरटव जस्ट्थजत के कारण भेदभाव का जिकार होते हैं। उनकी नौकरी
चली जाती है और इस प्रकार वे भयानक गरीबी में रहने को मजबूर कर ददए जाते हैं जजसका तत्काल प्रत्यक्ष प्रभाव उनके
जनकट ृाररवाररक सदस्ट्यों और बच्चों ृर ृड़ता है जजनकी जिक्षा और स्ट्वास्ट््य ृर बहुत कम खचा हो ृाता है। इस प्रकार,
एचआईवी प्रभाजवत व्यजि एक ओर आय और आजीजवका चले जाने तथा दूसरी ओर भेदभाव का सामना करने हर
झेलने ृर जववि हो जाता है।
एचआईवी से संक्रजमत व्यजि ृर अनेक ओर से भेदभाव (सामाजजक भेदभाव, कायास्ट्थल, स्ट्वास्ट््य ृररचयाा केंद्र,
िैक्षजणक संस्ट्थान ृर भेदभाव), आजीजवका की हाजन, अजधकारों के प्रजत असमानता और न आदद का बहुत गहरा
असर ृड़ता है। चूंदक एचआईवी संक्रमण जीवनृयंत होता है, इसजलए एचआईवी संक्रजमत जीजवत व्यजि को अृना िेष
जीवन इसी के साथ व् यतीत करना होता है।
न न र और एक् वायडा इम्यूनोडेदफजिएंसी संलक्षण (जनवारण और जनयंत्रण)
अजधजनयम, 2017 एक ऐजतहाजसक कानून है जजसमें एचआईवी और एड्स से संक्रजमत और प्रभाजवत लोगों को जहतकर
वातावरण प्रदान करने का प्रावधान दकया गया है। इस अजधजनयम का उद्देमय है इससे जुड़े कलंक और भेदभाव को दूर
करना तादक एचआईवी से संक्रजमत और प्रभाजवत व्यजियों को घरों में, न केंद्रों और स्ट्वास्ट््य ृररचयाा केंद्रों ृर
भेदभाव का सामना न करना ृड़े। सुरक्षा, आवागमन, सरकारी और जनजी ृद धारण, आवास आदद के प्रजत उनके अजधकारों
को प्रचजलत और नीजतयों के अनुसार कायम रखा जाना चाजहए। इस अजधजनयम में एचआईवी और एड्स से
संक्रजमत और प्रभाजवत लोगों के न , न न और मानवाजधकारों को ृुनैः प्रजतजष्ठत भी दकया गया है। इसमें
संस्ट्थाृनाओं में जिकायत अजधकारी और राज्य स्ट्तर ृर लोकृाल के प ृ में एक सुदृ़ा जिकायत जनृटान तंत्र का भी
प्रावधान दकया गया है।
2. भारत में जस्ट्थजत- भारत एचआईवी अनुमान 2019 ररृोटा1 के अनुसार, यहां एचआईवी से संक्रजमत लोग अनुमानत:
23.49 लाख हैं, जजनमें वयस्ट्क (15 से 49 वषा) एचआईवी व्याप्तता 0.22% है। अनुमान है दक वषा 2019 के दौरान यहां
लगभग 69,220 नए एचआईवी संक्रमण थे, जो 2010 से 2019 में नए एचआईवी संक्रमणों में 37.4% की जगरावट
दिााता है। इसी अवजध में, एचआईवी और एड्स से जुड़ी मौतों में भी 66.1% की जगरावट आई है।
-2
न र, और
आई और र न - न र, और न
ह
1. र- (i) न न र और न ( न र और
न ) न , 2017 र 12 ह र र न न
न र और न न ’ न र, ह न
942 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
आई और ( न र और न र ) न , 2017 न ह न रन र
र र न ह न ई ह
: र आई न न, 2019 र
http://naco.gov.in/sites/default/files/INDIA%20HIV%20ESTIMATES.pdf
(2) “ और न ” -3 न 3.3 र 2030
ह र रन ह र , आई और र न न रन
रन र र ह
2. - न न न न र ह -
(1) न आई और रन
(2) आई र र न
(3) आई और र र रन
(4) न न और र न र र , र- र- र
न रन
(5) र न र न रन और आई न
न र न न र
3. - - ह न न र ह ह , ई न र र न ह र ई
न ह ह
न, आ र
रह न र
र ह
‘ न और र न’ र , र र र र र , न
न न , र -र न और र न
आई और न रन न रन
ह
ह न आई और र न र आ र ह -
(1) न न र ह -
( ) आई र न ;
( ) आई और र रन ;
( ) , न न र न आई ;
( ) आई र र र - आ न
(2) -र र र आ न , आई न र- र र न , ह, र और
ह , रह र र ह ह न ई न न -र
न नह ह र ( रन न , आई
ह र , औ र , न न रन ) आई
ह ह , ह आन ह हर र
, र र - आ , न और
- न र ,
न न न ह , न न र न ह : न
नह ह
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
943
(3) आई , - र र र न र ह न न
रह ह रन रह ह
(4) - र र र ह न , आई न न र रह न
रह ह और न र ह
-3
न
न आई और न न न र और न
( न र और न ) न , 2017 र र ह न
न र न र न ह न न ह
न ह : -
(1) आई और न रन
(2) आई आई न
(3) न र न र और र र र न
न न ह और आई न र र
रन न ह
अध्याय - 4
र-
1. र – र- र और न र ह
न न आई आ र र न ई नह न ह ह
र आई ह नह र , न न र र
और न न आई र न रह ह रह रह ह
ह न आई और , आई और
न ह आई रह रह , ह र रह और न र रह
ह आई रह रह , न र रह ह
र रह ह
र आई आ र र नह ह और
न न न ह -
(1) र र और न न - आई आ र र
न नह न ह ह र र न रन ,
रन और - न न ह र ह न आई - न न
रन , आ ह , आ र
आ र र
न ह , आई न ह न ह न
रन र र आ न रन , ह ह
आ न न ह न ह और र - न र
रन ह न ह ह और र ,
944 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
ह ह न र रन ह न
आई र ह ह ह र र
न रन ह
न ह
आ न र न न
और र न रन ह
(2) र और - आई आ र र र
और नह न ह ह और र
न ह र, न रन न रन ह
(3) न और न- आई आ र र न
रन न रन नह न ह ह
न रन रन , गात आ , न , न र र , ह न
न र न न , न , , न , , न र न र आ
ह
(4) र र और न रन - आई न न र , ई र र
न र ह और नह ह ह र र
न न रहन र ह न रन , रन न ह र रन ह
(5) र न - आई आ र र र र / न न और
न ह र नह न ह र र न न र
र ह , न न रन न ह र न ह र
र और र ह , आई र , र , र और - र र न न
र र - न न र र ह र ह
(6) र- र न -3 र न 19 न
न र ह र रन
न ह र रन न न नह न ह
(7) र - आई आ र र नह न ह र,
आई आ र र - और ह नह ह
(8) र र रन आई ह - र र रन र
, न र र न न
आई ह
(9) न रन र- न , , र र न नह
न ह न ह र नह न ह आई और
र र हर न न र ह न ह और र र र-
र आन न रन र ह न ह
आई और और , और
ह र , आई र र रन र
न न ह नह ह न र और न
ह
र न , न र
न और र न न ह र
[भाग II—खण् ड3(ii)]
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945
र न ह ह रन ई न नह ह
न न र न र
अध्याय - 5
एचआईवी जस्ट्थजत और एचआईवी संबंधी आंकड़ों के संबंध में गोृनीयता
1. आई न - आई न न ई
आई न र न नह ह आई न र
आई रह न र और ह : ( ) आई
रन आ न आई र न र ( ) र ,
ह र न र ; ( ) न र ह न र ह ; और ( )
ई न र , आई , आई र आई न न
आई , , र ह
आई न नह न ह
ह आ न ह रह न र न न र
ह आ ह
र ह ह रन
ई आई न न र ह
नह रन ह ह न न ह ह
आई न र न ह ह नह ह ह ह , -
(1) र र ह
, र र ह
(2) आ र न र र आ ह
(3) र ह , ह न र र आ और
ह
(4) न र ह न नह
(5) न न
(6) र र र र र र र र र न र र
न र न , न न
2. आई न न - आई न
र , र ई न न
आई नह र र न ह , -
(1) नन ह न आई र ह ह
(2) आई न रन र ह
(3) ह आई न नह र
(4) न आई न न आई
रन आ ह
946 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
और ह ह ह र और र न ह
र आई न ह न रन न ई
नह ह
न , , , र र, न -आ र न , र - र न आ ह न
रन न र ह आई और ह , र और
न र र ह और ह आई न र न र ह
और ह न र ह न रन न ह
3. आई न - आई न र न ह और आई
न र र र न न न र
न र न रन र न न ह
आई न र ह -
( )
आई र रन आई र र न र ;
( )
, ह र न र ;
( )
न र ह न र ह ;
( )
ई न र , आई र , आई र आई
न न और आई , , ई
ई ह
र आई न र र र न न र
न न न ह र ह - न र न , न न
, ह न र र र न और न
ह और न रन
(1) आई न र र र रन - आई न र र
न और न न र न ह ह र आई न र रन
न र र न न ह न र ह र
रन ह
(2) आई न र : र ह न ह
र न न औ र न र ह र रन न ह न ह
(3) आई न र र - र र, र आ
र र न ह न ह और र न र न र न ह और
न र र ह न र ह र
र न ह ऑ न ह
(4) न - र और र न रन
न न न न ह और न न रन
र ह न ह ह न न नह ह , ह न न
र और न ह
(5) आई न र न न: र आई और न
र न र न न न न न ह न ह
(6) आई न र र ह और न न
ह न ह
[भाग II—खण् ड3(ii)]
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947
र न र , और र र (र न न) - न और
आ र - र ह
अध्याय- 6
जिकायत जनवारण तंत्र
न र आई र ह र
र न ह ह न न र र र र
ह
न न ह र , न न
न न र र , न न रन
ह र न न ह र
न न र ह ह ई र र न र
, ह , ह ह र र र र, र आ न
न ह न न
र र न न न न र
ह न रन ई न नह ह ; ई न
र न न रन रह ह न र
ह ह , न र ह , ह र र न र र ह ह
र न र
(1) र :
, और र - (1) र रन :- र
र ह र न न न र न र ह न
न ह न र न ह र न र ह ह ,
न न न र र रन र , और न
ह न र न ह
(2) र न ह रन :- ृररजिष्ट क र र
नह ह र
र न
ह र
(3) और र र :- र र ह न र
र न ह न र रन ह र
ई र ई र न ह न र न र ह
र न न ई र न र
ह रन ह
(4) न रन ह - :- र र न न ह
र न र न ह आ र न
, ह न र न
न ह , ह र र न न न ह न ह
ई ह
(5) न न :- र , ह आर न
ह न न ह , : न र रन रन ह ह न
न न ह ; र , न रन न ह आई
948 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
, न , न , न ह
र न ह
र , न र न ह , आई र र
रह र- र र न रन ह , र न ई
र न ह न ह र न न: न रन
र, र न न न र न न र ई रन न र र ह
(6) रन :- र ई र ई
ई र ई ह न न न र ई
रन र र रन ह
(7) र :- र ह न र , , ई र ई
: ह न र र ( ह न , न र न - न, र
न न) न र र ह : ह न ई नह
ह ह , ‘ न ’ रन नह ह
(8) न :- र न र ह , र र
ह न न र न रन ह , :-
(1) र र र न , ह न ह न
र ह , रन ह , र र र र र
(2) र र न न र
(3) ह न ह न र ह ह न ह
न र नह न ह
(9) न:- र न न र और न
( न र और न ) न , 2017 र 11 न र न
न न र र न न र न आई न र 53
ह
7
र , न र न और र
न न न रन , न , र , न -
आई ह / न न , न न न हन
रन ह ह
1. न : (1) आई र र र आई ह
रन
(2) आई आ र, र , र रन , ह र र न,
ह , न न
(3) न न आई र , , न
र
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
949
(4) न आई आ र र - न न न आई
आ र न
(5) रन न र
(6) ह , आई रन र र
ह न
(7) र र न आ न आ र र न
र न न रन
(8) नर रन , न र र र, न
आई न
(9) न न न न रन ह न न
र न न र न रन
2. न र :- (1) न न न र
न न न र ह ह
(2) आई र रन
न ह रन ह न न र - ,
आ न र न रन न र ह
न न रन
(3) न र न न न न न रन
न र रन ह
(4) न न र र रन आई न र र र र - न
र रन न न : र र न न
र न र
(5) न न र न र न
र न रन ह आई
र रन न न ह र , न न
, आई र न
3. न र ह न --(1) न र न--
न ह न रन ह आई ह न आ र र र न
और र रह न रह ह न र न
र र न न रन ह न ह न रन
ह आई ह न र र र न र न न
र रन , न रन , रन आ न
र रह न ह आ ह , न आ न न रन ह
ह र न आई र आन न ह ह
950 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
ह र आई और ह नह ह र र
ह न न , न और न र ह
रन न ह र न ह न रन
ह ) न न र और न ( न र और न )
न , 2017 (2017 16) न र र, ह न ई आई
र न
(2) ) न न र और न ( न र और न ) न ,
2017 र र न न - न आई और ,
आई र , और र , न रन और ) न न र और
न ( न र और न ) न 2017 (2017 16) र न
रन न र न रन ह
न न न और र
रन और रन रन ह ह आई र
र ह न आ ह र और न
र न र ह
(3) र न - ( ) र न ई न, र र ,
ह ह , र र ह ;
( )
र न र र
ह र न आई और (र और न ) न , 2017
न न न न र ;
( )
न न र , र , र , , न ,
(4) र - ( ) न ह न रन ह
र र र रन ;
( )
न आ रन र न ह र
ह ;
( )
और र र र र आई और
र न र
(5) न न र न - ( ) न ह न न न र न और र
र र ह न रन ह और ह
न न र ई न र नह ;
( )
न ह न रन ह ई र
नह र
ह न र न ह ;
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
951
( )
न और र न न र और न
( न र और न ) न , 2017 (2017 16) र 11 और
न ह र न न न र र
न न र न र 5.3 ह
(6) र - ( ) , र
रन र आ न आ र ई न
रन , र न रन न न रन , न
रन न न न र
( )
र , न र न न र आ
न र ; और न र र
न रन आ ह
(7) न - न र न रन आ ह ह ,
न और न न न र ह न न आ र र और
आ न र र न र र न
ह , न र ह , आ र र ह आ , ह न
र र र न ह
4. र ह , (1) ह ह र ह ह आई
आ र र ह न र
(2) र ह न रन ह ह आई ह , आई
ह न र नह
(3) आई आ र र र ह , ह रह
ह र ह ह रन ह और न र र र र र र
रन ह न ह
(4) र न ह आई न और ह र र
नह र ह र र , र ह
5. आई - (1) आई ,
ह , न र र न ह ह र रह ह
र र र र न ह
(2) न र र न न
ह , न न ह , न
न न ह ह नह ह , ह र र
ह ह रन ह न र
(3) र न ह न र न ह न न
न र ह र ह र न न र
952 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
र रन र ह , रन न ह न
ह
(4) आई ह ह आई र र , आई
ह और र न न र र ह ह आई और
र ह , ह आई र र न न र
रन न न न ह न
ह ह , न आई ह रन
ह |
6. और र र (र न न) और र न -
और र र (र न न) न आ , न और
, र , र और रन न और
न न न र ह न न न, र र ,
और र र (र न न) न न आ ह न
रन र और न न न र न और आई र र
न न .
(1) र र र , न और न न न
र
(2) र आई और न और आई और न
र आ र ह न न न न - न
र रह ह
(3) र न र न और न न न रन
र न और र न आ र
(4) और र र (र न न) र न न
आ और न र न न र और नर र आ र और हर र आ
न और न न आ ह न र
ृररजिष्ट क
जिकायत अजधकारी को जिकायत करने के जलए
1. घटना की जतजथ ______
2. घटना का स्ट्थान ______
3. घटना का जववरण ________
4. घटना के जलए जजम्मेदार व्यजि / संस्ट्थान _____
जिकायतकताा के हस्ट्ताक्षर / अंगू े का जनिान *
नाम:
जतजथ:
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
953
मोबाइल नंबर/ईमेल/फैक्स/ृता:
केवल कायाालय उृयोग के जलए:
जिकायत सं्या:
* जहां जिकायत मौजखक प ृ से या टेलीफोजनक प ृ से प्राप्त की जाती है और जिकायत अजधकारी द्वारा लेखन तक सीजमत
हो जाती है तो जिकायत अजधकारी फॉमा ृर हस्ट्ताक्षर करेगा और तारीख जलखेगा।
[ . सं. -11020/50/1999/न ( ए )- ृा 7(1)]
आ न , र
MINISTRY OF HEALTH AND FAMILY WELFARE
New Delhi, the 13th May, 2022
S.O. 454.—Whereas section 12 of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017) provides that the Central Government shall
notify model Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome policy for
establishments, in such manner as may be prescribed;
And whereas, Chapter-II after Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (Prevention And Control) Rules, 2018 provides for the manner of notifying HIV and AIDS policy for
establishments;
Now, therefore in exercise of the powers conferred by section 12 of the Human Immunodeficiency Virus and
Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017), read with rule 3 of the
Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Rules, 2018,
the Central Government hereby notifies the Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome Policy for Establishments, 2022 as per the Schedule annexed to this notification.
SCHEDULE
HIV and AIDS Policy for Establishments 2022
Table of Contents
Abbreviations
CHAPTER I: Background and Indian Situation
1. Background
2. Situation in India
CHAPTER II: Rationale, Aim and Scope of the Policy
1. Rationale
2. Aim
3. Scope
CHAPTER III: Guiding Principles for Establishments
CHAPTER IV: Non-Discrimination
1. Non-discrimination
(1) Absence of discrimination at Employment and Occupation
(2) Healthcare and education settings
(3) Public utilities and resources
(4) Holding public and private offices
(5) Under custody
954 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
(6) Right to Movement
(7) Segregation
(8) HIV testing as pre-requisite for obtaining employment is prohibited
(9) Right to residence
CHAPTER V: Confidentiality related to HIV status and HIV-related data
1. Confidentiality related to HIV status
2. Disclosure of status to partner of HIV positive person
3. Confidentiality of data related to HIV
CHAPTER VI: Grievance Redressal Mechanism
1. Complaints Officer: Duty, Power and Responsibility
(1) Acceptance of complaints
(2) Assistance in filing complaint
(3) Acknowledgement and registration of complaints
(4) Timeline for decision making
(5) Decision making powers
(6) Informing the complainant
(7) Reporting Mechanism
(8) Confidentiality
(9) Data Management
CHAPTER VII: Key Strategies and Responsibility of the Stakeholders, Employers, Employees etc.
1. Key Strategies
2. Role of Employer Associations/Chambers/Industries
3. Role of Employers including the administrative staff
Implementation of guiding principles defined in the policy
(1) Regular capacity building of staff members on basics of the HIV and AIDS (Prevention and
Control) Act,2017
(2) Designation of Complaints Officer
(3) Training of Complaints Officer
(4) Maintenance of confidentiality
(5) Functioning of the office of Complaints Officer
Awareness generation
4. Role of Employees or co-workers
5. Role of person infected with HIV
6. Role of Ministry of Health and Family Welfare (National AIDS Control Organisation) and State AIDS
Control Societies
APPENDIX A
Abbreviations
AIDS
Acquired Immuno-Deficiency Syndrome
ART
Anti-Retroviral Therapy
CSR
Corporate Social Responsibility
DALSA
District Legal Services Authority
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DAPCU
District AIDS Prevention and Control Unit
DMC
Data Management Committee
HIV
Human Immunodeficiency Virus
ICTC
Integrated Counselling and Testing Centers
IEC
Information, Education and Communication
LFA
Legislative Forum on AIDS
NACO
National AIDS Control Organisation
NACP
National AIDS and STD Control Programme
PEP
Post Exposure Prophylaxis
PLHIV
People Living with HIV
SACS
State AIDS Control Society
SCA
State Council on AIDS
SDG
Sustainable Development Goals
SOP
Standard Operating Procedures
STI
Sexually Transmitted Infections
CHAPTER I
Background and Indian Situation
1. (1) Background.– Health is one of the priorities for assuring perceptible economic and social
development in today‘s fast-growing world. Health and economy have been hands in gloves with one another,
countries who have aimed at ensuring universal access to health, equity and raising quality of care have excelled.
Strong and able workforce contributes to national prosperity by increasing overall productivity and helping the
government and the country to thrive via positive economic outcomes.
HIV and AIDS is a threat to productive workforce. It has affected many lives where people face
discrimination due to either their known or perceived HIV positive status. They lose their jobs, thus, are forced to live
in abject poverty with immediate ripple effect on their close family members and children in terms of poor
expenditure on education and health. Thus, HIV affected person is compelled to face double jeopardy of losing income
and livelihood on one hand and facing discrimination on the other.
People living with HIV are greatly impacted by multifarious discrimination (societal, workplace, healthcare
setting, educational institutions), loss of livelihood, inequality and infringement of rights. Since HIV infection is
lifelong, People Living with HIV have to live with it for the rest of the life.
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control)
Act, 2017 is a landmark legislation to provide a conducive environment to people infected with and affected by HIV
and AIDS. The Act aims to address stigma and discrimination so that people infected with and affected by HIV and
AIDS are not discriminated in household settings, establishment settings and healthcare settings. Their right to
insurance, movement, holding public and private office, residence etc. should be maintained as per the prevailing laws
and policies. The Act also reinstates constitutional, statutory and human rights of people infected with and affected by
HIV and AIDS. It also provides for a robust grievance redressal mechanism in form of Complaints Officer at
establishments and Ombudsman at state level.
2. Situation in India.– According to India HIV Estimates 2019 Report1, there are an estimated 23.49 lakh
people living with HIV, with an adult (15 to 49 years) HIV prevalence of 0.22 per cent. It is estimated that there were
around 69,220 new HIV infections in the country during 2019, indicating a 37.4 per cent decline in new HIV
infections during 2010 to 2019. During the same period, HIV and AIDS related deaths also declined by 66.1 per cent.
CHAPTER II
Rationale, Aim and Scope of the Policy
The chapter outlines the rationale, aim and scope of the Policy along with basic facts about HIV and AIDS.
1. Rationale.-– (1) Section 12 of the HIV and AIDS (Prevention and Control) Act, 2017 mandates the Central
Government to draft ‗HIV and AIDS Policy for Establishments‘. Thus, the policy emanates from the HIV and AIDS
(Prevention and Control) Act, 2017. The manner of notifying the policy is laid down under the Central Government
Rules.
1 Source : India HIV Estimates 2019 Report
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(2) Under sustainable development goal 3 of ‗Good Health and Well Being‘, target of 3.3 states ending the epidemic
of AIDS by 2030. Furthermore, elimination of stigma and discrimination related to HIV is a prerogative to achieve
this goal.
2.
Aim.– The policy aims to,-
(1)
Generate awareness on HIV and AIDS in establishments.
(2)
Prevent transmission of HIV infection amongst workers.
(3)
Protect rights of those infected with and affected by HIV and AIDS.
(4)
Ensure safe, non-stigmatised and non-discriminatory environment assuring equity and dignity at
establishments.
(5)
Standardise the obligation of every establishment in providing conducive working environment and
maintaining the confidentiality of HIV-related data for protected persons.
3.
Scope.– The policy applies to all establishments, an establishment is a body corporate or co-operative
society or any organisation or institution or two or more persons jointly carrying out a systematic activity for a period
of twelve months or more at one or more places for consideration or otherwise, for the production, supply or
distribution of goods or services.
The employers‘ and workers‘organisations, government ministries or departments at the national, state
and district levels, public or private sector companies, multi-national companies operating in India, and other social
partners are mandated to use this policy framework in implementing the HIV and AIDS policy at their respective works.
The Policy is based on following facts about HIV and AIDS,-
(1) The known routes of transmission of the Human Immunodeficiency Virus are through,-
(a) Unprotected sexual contact with a HIV infected person;
(b) Sharing of HIV infected needles or syringes;
(c) From HIV infected mother-to-child during pregnancy, childbirth or breast feeding; and
(d) Transfusion of HIV infected blood or blood products.
(2)
With the advent of Anti- Retroviral Therapy, HIV is now a chronic manageable disease like many other non-
communicable diseases, including diabetes, hypertension and asthma. There is no scientific or epidemiological
evidence to suggest that HIV can be transmitted through ordinary workplace contact (talking to or touching the person,
using the same office equipment, tools, utensils or bathroom as a person infected with HIV). In special situations where
there may be a potential risk of exposure, for example healthcare workers who may be exposed to blood or blood
products, there are specific and appropriate infection-control measures known as Universal Precautions that ought to be
followed. Transmission is therefore not likely in the regular workplace setting.
(3)
People with HIV who are regular on Anti- Retroviral Therapy remain healthy and fit to work for several
years despite their infection.
(4)
With the availability of Anti- Retroviral Therapy, the life of people living with HIV has prolonged
substantially and they lead a normal productive life.
CHAPTER III
Guiding Principles for Establishments
The HIV and AIDS Policy for Establishments adopts three key principles mentioned in the HIV and AIDS
(Prevention and Control) Act, 2017. These principles are to be adopted by all establishments in the spirit in which
they are mentioned.
These principles include,-
(1)
Non-discrimination against people infected with and affected by HIV and AIDS.
(2)
Confidentiality related to one‘s HIV status and HIV-related data.
(3)
Grievance redressal mechanism in the form of Complaints Officer at establishments and
Ombudsman at State level. These tenets have been deduced from the Act and are pivotal to provisioning of an
enabling environment to people infected with HIV.
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CHAPTER IV
Non-Discrimination
1.
Non-discrimination.– Non-discrimination is a fundamental principle of all international and
human rights laws. There should be no discrimination at establishments on the basis of perceived or real HIV status.
This protection is provided not only to an HIV positive person, but also extends to immediate family members and
progeny who reside or have resided in the same house of HIV infected person too.
Here discrimination is prohibited not only against people infected with HIV and AIDS but also against people
affected by HIV and AIDS. This may include other people living, cohabiting and residing with an HIV positive
person. It also encompasses other people who have lived, resided or cohabited with an HIV positive person in the past.
A person cannot be discriminated on the basis of HIV status at any setting and the following tenets require
compliance,–
(1) Absence of discrimination at Employment and Occupation.– A person should not be discriminated in the
establishments on the basis of HIV status. Discrimination here includes the denial of, or termination from,
employment or occupation and also unfair treatment at establishments. The employer may also provide a reasonable
accommodation to people living with HIV if need be. Reasonable accommodation means minor adjustments to a job
or work that enables an HIV positive person who is otherwise qualified to enjoy equal benefits or to perform the
essential functions of the job or work, as the case may be.
Termination without reasonable accommodation should be an exception and should require furnishing of
various documents by the healthcare provider as well as the employer. A qualified and independent healthcare
provider who is competent should submit a copy of the written assessment stating that the person poses a significant
risk of transmission of HIV to other person in the establishment or is unfit to perform the duties of the job. Employer
should also submit a copy of a written statement stating the nature and extent of administrative or financial hardship
for not providing the person reasonable accommodation.
(2)
Healthcare and educational settings.– A person should not be discriminated at healthcare and
educational setting on the basis of HIV status. Discrimination here includes unfair treatment, denial or
discontinuation of services in educational settings and healthcare settings.
(3) Public utilities and resources.– A person should not be discriminated against using public utilities and
sharing resources on the basis of HIV status. Discrimination here includes denial or discontinuation of access and
usage of goods, accommodation, shops, public restaurants, hotels and places of public entertainment, wells, tanks,
bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort, etc.
(4) Holding public and private offices.– Irrespective of HIV status, a person can hold public or private
offices and cannot be discriminated. Discrimination here includes the denial, discontinuation or unfair treatment in
the opportunity to stand for or hold public or private offices.
(5) Under custody.– A person should not be discriminated and treated unfairly in government/private
organizations on the basis of HIV status. Denial of access to or unfair treatment in government or private establishment
in whose care or custody a person may be is prohibited. People who are in care and custody of State have also been
entitled to the right to HIV prevention, counselling, testing and treatment services in accordance with the guidelines
issued by National AIDS Control Organisation from time to time.
(6) Right to Movement.– Right to movement is a fundamental right entrusted under article 19 of
Fundamental Rights of Part- III of the Constitution. No person should be denied or subjected to discontinuation or
unfair treatment with regard to the right to movement.
(7) Segregation.- A person should not be segregated on the basis of HIV status. Thus, she or he or others
cannot be isolated and ostracized on the basis of HIV status.
(8) HIV testing as pre-requisite for obtaining employment is prohibited.– HIV testing as a pre-requisite for
obtaining employment, or accessing healthcare services, education services or for the continuation of the same or for
accessing or using any other service and facility is completely prohibited.
(9) Right to residence.– A person should not be denied or treated unfairly with regard to the right to reside,
purchase, rent and occupation of property. Every person infected with and affected by HIV should have the right not
to be excluded from the shared household and right to enjoy and use facilities of such shared household in a non-
discriminatory manner.
Discrimination against people infected with and affected by HIV and AIDS is prohibited in all
occupational, educational and health settings and in addition, HIV test cannot be pre-requisite for obtaining
employment or accessing healthcare services or education. Discrimination at community places and for use of
resources is also prohibited.
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In case of contravention of the aforesaid rights, a robust grievance redressal mechanism should be provided in terms
of Complaints Officer at establishments and Ombudsman in States. Aggrieved person has a choice to file a complaint
either with Complaints Officer or the Ombudsman. There is no hierarchy with respect to filing of the complaint.
Cognizance of offences under the Act will be taken by the court of Judicial Magistrate of the first class.
CHAPTER V
Confidentiality related to HIV status and HIV-related data
1.
Confidentiality related to HIV status.- HIV positive person cannot be forced to disclose her or his
or their status or any other HIV-related information. HIV-related information means any information relating to the
HIV status of a person and includes: (a) information relating to the undertaking given for performing the HIV test or
result of an HIV test; (b) information relating to the care, support or treatment of that person; (c) information which
may identify that person; and (d) any other information concerning that person, which is collected, received, accessed
or recorded in connection with an HIV test, HIV treatment or HIV-related research or the HIV status of that person.
No person should be compelled to disclose the HIV status except by an order of the court that the disclosure
of such information is necessary in the interest of justice for the determination of issues in the matter before it.
There is a disclaimer in context with relationship of fiduciary nature. Here no person should disclose the
HIV status or any other private information of the other person imparted in confidence or in a relationship of a
fiduciary nature except by informed consent. The informed consent can be taken from the person themselves or
through their representatives. There are exceptions where informed consent for disclosure of HIV-related information
is not required,-
(1)
In case the disclosure is made by a healthcare provider to another healthcare provider who is
involved in the care, treatment or counselling of such person.
(2)
By an order of a court that the disclosure of such information is necessary.
(3)
In suits or legal proceedings between persons, where the disclosure of such information is
necessary and authorised legally.
(4)
In relation to statistical information that could not be expected to lead to the identification of
that person.
(5)
For screening purposes in any licensed blood bank.
(6)
Officers of the Central Government or the State Government or State AIDS Control Society of
the concerned State Government for the purposes of monitoring, evaluation or supervision.
2. Disclosure of status to partner of HIV positive person.-In case of disclosure of status to partner of HIV
positive person, no healthcare provider, except a physician or a counsellor, shall disclose the HIV positive
status of a person to their partner. This kind of disclosure can be made if,-
(1)
The healthcare provider believes that the partner is at the significant risk of transmission of HIV from
such a person.
(2)
The HIV-positive person has been counselled to inform the partner.
(3)
The healthcare provider is satisfied that the HIV positive person will not inform the partner.
(4)
The healthcare provider has informed the HIV positive person of the intention to disclose the HIV-
positive status to the partner.
One more very important pre-condition is that the disclosure has to be made in person and after proper
counselling. The healthcare provider shall have no obligation to identify or locate the partner of an HIV-
positive person.
In case of establishments, educational, occupational, prison settings, faith-based organisations, corporate-
houses, etc., it is the responsibility of employers to ensure that all staff members are oriented on concepts of
consent, disclosure and confidentiality related to HIV and AIDS and that they don‘t disclose HIV-related
information. It is also the moral responsibility of co-workers and other staff members to not engage in
activities which breach confidentiality.
3.
Confidentiality of data related to HIV.- HIV-related information is sensitive in nature and every
establishment keeping the records of HIV-related information should adopt data protection measures to
ensure prevention of unintended or unwanted disclosure and breach of confidentiality of the data.
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HIV-related information includes–
(a)
information relating to the undertaking performing the HIV test or result of an HIV test;
(b)
information relating to the care, support or treatment of that person;
(c)
information which may identify that person; and
(d)
any other information concerning that person, which is collected, received, accessed, or recorded in
connection with an HIV test, HIV treatment or HIV-related research and the HIV status of that person.
It is mandatory for every establishment keeping the records of HIV-related information of protected persons
to adopt data protection measures. Data protection measures include- protecting information from disclosure,
procedures for accessing information, provision for security systems to protect the information stored in any form
and mechanisms to ensure accountability and liability of persons in the establishment,-
(1)
Protecting information from disclosure of HIV-related information,- Confidentiality and privacy is to be
maintained while collecting HIV-related information. For each establishment which has collected/ is
desirous of collection of HIV-related information pertaining to protected persons, authorised persons or staff
should sign an undertaking for confidentiality of the information.
(2)
Access to HIV-related information: Access should be granted only to authorized persons or staff. There
should be provision of signing a formal undertaking for confidentiality of the information from the
authorised person.
(3)
Provision for security systems for HIV-related information,- There should be secured almirahs or cabinet for
physical records like registers, reports etc. and it should be carefully locked when left unattended. Personal
Computers or mobiles or tablets or any other hardware should be password protected and should be logged
off or locked when left unattended for protecting electronic records.
(4)
Data Management Committee,- Data Management Committee should be formed at each establishment to
review and provide appropriate recommendation regarding the data security measures and the Data
Management Committee should be responsible to ensure the same. Wherever establishment does not have
the Data Management Committee, the head of the establishment should be entrusted with the responsibility
and function of the Data Management Committee.
(5)
Disposal of HIV-related information: Establishment should have standard operating procedures in place
regarding disposal of physical and electronic records or files containing HIV-related information of protected
persons.
(6)
Accountability and liability of security of HIV-related information should be with Data Management
Committees or the heads of concerned establishment.
For additional information, Ministry of Health and Family Welfare (National AIDS Control
Organisation‘s) guidelines and official website may be referred to from time to time.
CHAPTER VI
Grievance Redressal Mechanism
Grievance redressal mechanism is vital in order to provide a holistic non-discriminatory
environment to people infected with and affected by HIV and AIDS. The Act also proposes a robust
mechanism in the form of Complaints Officer at establishments and Ombudsman at State level.
It is obligatory for the establishment, having one hundred or more persons to designate a person, as
it deems fit, as the Complaints Officer who shall dispose of complaints of violations of the provisions of this
Act in the establishment. Healthcare establishments shall designate a complaints officer in case of twenty or
more persons. Here person could be an employee or officer or member or director or trustee or manager, as
the case may be. Similarly at State level, one or more Ombudsman shall be appointed or designated as the
State desires. Ombudsman shall inquire into complaints of violations of provisions of the Act related to
discrimination and providing of healthcare services.
It must be noted that there is no hierarchy in terms of filing of complaint; if any establishment does
not qualify to have a Complaints Officer, then the aggrieved person belonging to that establishment can file a
complaint to the Ombudsman. Also, if the establishment has a Complaints Officer, it is at the discretion of
the aggrieved person to file the compliant to the Complaints Officer or Ombudsman.
1. Complaints Officer: Duty, Power and Responsibility.- (1) Acceptance of complaints.- Complaints
Officer has to register the complaint. The complaint has to be made within three months from the date that
the person making the complaint became aware of the alleged violation of the Act in the establishment. If
the complaints officer is satisfied of circumstances that prevented the complainant from making the complaint
within the stipulated period, extension of another three months should be granted.
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(2) Assistance in filing complaint.– Every complaint would be made to the Complaints Officer in writing in
the Form annexed at Appendix A. Where a complaint cannot be made in writing the Complaints Officer
shall render all reasonable assistance to the complainant to file the complaint in writing.
(3) Acknowledgement and registration of complaints.– The Complaints Officer on receipt of a complaint
should provide an acknowledgment to the complainant and record the complaint in electronic form. The
time of the complaint and the action taken on the complaint should also be recorded. Every complaint
should be numbered sequentially. The Complaints Officer should act in an objective and independent
manner while deciding complaints made under the Act.
(4) Timeline for decision making.– The Complaints Officer should arrive at a decision of the complaint
promptly and in any case within seven working days. In case of emergency or in the case of healthcare
establishments where the complaint relates to discrimination in the provision of, or access to health care
services or provision of universal precautions, the Complaints Officer should decide the complaint on the
same day on which he receives the complaint.
(5) Decision making powers.– The Complaints Officer, if satisfied that a violation of the Act has taken
place as alleged in the complaint, should firstly, direct the establishment to take measures to rectify the
violation; secondly, counsel the person who has committed the violation and require such person to undergo
training in relation to HIV and AIDS, provisions of the Act, rules, guidelines and aspects of stigma and
discrimination. Additionally, social service should be done for a fixed period, which should include
working with a non-governmental organization working on HIV and AIDS. For this, assistance from
respective District AIDS Prevention and Control Unit or State AIDS Control Society should be undertaken.
Upon subsequent violation of the Act by the same person, the Complaints Officer may recommend the
establishment to take disciplinary action in accordance with the law.
(6) Informing the complainant.– The Complaints Officer should inform the complainant of the action
taken in relation to the complaint and of the complainant‘s right to approach the Ombudsman or to any
other appropriate legal recourse in case the complainant is dissatisfied with the action taken.
(7) Reporting Mechanism.– The Complaints Officer shall ensure that the complaint, its nature and
number and the action taken are reported to the appropriate authority under the Central Government
(Deputy Director General, Information Education and Communication or Director Administration,
National AIDS Control Organisation) every six months. In case there are no complaints in last six months,
submission of a ‗nil report‘ is not a compulsion.
(8) Confidentiality.– The Complaints Officer if requested by the complainant should ensure the
protection of the identity of the protected person in the following manner, namely:-
a. the complaints officer should file one copy of the document bearing the full name, identity and
identifying details of such protected person which shall be kept in a sealed cover and in safe
custody with the complaints officer.
b. the complaints officer shall provide pseudonyms to protected person involved in complaints before
them.
c. the identity and identifying details of the complainant should not be revealed by any person or their
representatives including assistants and staff.
(9) Data Management.– The Complaints Officer shall comply with the data protection measures in
accordance with the section 11 of the HIV and AIDS (Prevention and Control) Act, 2017 and Guidelines on
Confidentiality of Data of protected persons there under. Section 5.3 of the HIV and AIDS Policy for
Establishments may also be referred to.
CHAPTER VII
Key Strategies and Responsibility of the Stakeholders, Employers Employees etc.
In order to assure effective implementation of the Policy, Ministries/Departments, Employer
associations, establishments including employers, employees, administrative staff and also HIV positive
people have a pivotal role to play.
1. Key Strategies.- (1) Prevention of HIV transmission and care and support to HIV infected workforce.
(2) Awareness generation or training on basics of HIV, routes of transmission, undoing myths and
misconceptions, behavior change, Universal Precaution, Post Exposure Prophylaxis.
(3) Integration of HIV component at trainings of human resource department, welfare measures,
corporate social responsibility etc.
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(4) Zero-discrimination policy on the basis of HIV status at every establishment. Adapt flexibility and
provide reasonable accommodation for People Living with HIV.
(5) Grievance redressal mechanism to look into cases of discrimination.
(6) Widen scope of social security coverage to include HIV in assistance programmes, health insurance etc.
(7) Strengthening of existing interventions and setting up of newer interventions for informal sector
workers and migrant workers based on vulnerability studies and risk assessment.
(8) Enhance access to condoms, treatment of sexually transmitted infections, Universal Precautions and
Post Exposure Prophylaxis for HIV.
(9) Undertake epidemiological surveillance at the establishment to gather data or information for taking
informed policy and programmatic decisions.
2. Role of Employer Associations or Chamber or Industries.- (1) Employer associations or chambers or
industries are encouraged to implement the guiding principles defined under the establishment policy.
(2) Employer associations or chambers or industries to encourage large member companies to set up HIV
counselling or testing or treatment facilities and also appropriate funds under Corporate Social
Responsibility for provisioning of welfare measures like skill-development, livelihood generation etc.
(3) Employer associations or chambers or industries should undertake advocacy efforts to mobilize their
member companies in implementing the establishment policy.
(4) Employer associations or chambers or industries to partner with National AIDS Control Organisation or
State AIDS Control Society for enhancing coverage of the establishment policy and setting up public private
partnerships for HIV prevention and care.
(5) Employer organisations or chambers should strengthen their capacity, in partnership with National AIDS
Control Society or State AIDS Control Society and relevant agencies, to be able to offer technical
assistance to their members for starting HIV and AIDS workplace programmes. Also, information on
HIV and AIDS could be integrated as part of their capacity building modules.
3.
Role of Employers including the administrative staff.– (1) Implementation of guiding principles defined in
the policy.– Employer will have to ensure that no employee is discriminated on the basis of HIV status and
that all the five guiding principles are being implemented in spirit. Employer has to ensure access of the
policy to wider public by uploading it on the website. Employer also has to ensure that no person is
denied or terminated from employment because of HIV status. Any other form of discrimination like
avoiding talking to that person, sharing of meals, travelling etc. is also fully prohibited. If need be,
employer should ensure provisioning of reasonable accommodation where minor adjustments at work
would enable HIV positive person to enjoy equal benefits at work. Here discrimination free behavior is
not limited to person infected with HIV and AIDS but also includes the families affected by it.
Establishments will also have to take appropriate steps for implementing other principles including
confidentiality, Universal Precautions and grievance redressal mechanism. Every establishment engaged
in healthcare services has to make sure that no HIV testing is done without informed consent, except for
reasons mentioned under the HIV and AIDS (Prevention and Control) Act, 2017 (16 of 2017).
(2)
Regular capacity building of staff members on basics of the HIV and AIDS (Prevention and Control)
Act, 2017.– Employer has to make provisions for training of staff members on the basics of HIV and
AIDS, transmission of HIV, myths and misconceptions, three guiding principles with focus on non-
discrimination and the HIV and AIDS (Prevention and Control) Act, 2017 (16 of 2017). Employers
engaged in healthcare services have to take appropriate measure for informing and educating people on
use of Universal Precautions and Post Exposure Prophylaxis to people who are at significant risk of
occupational exposure to HIV. Employers can contact nearby District AIDS Prevention and Control Units
or State AIDS Control Society for further necessary help.
(3)
Designation of Complaints Officer.– (a) any establishment having hundred or more persons, may
designate a person of senior rank, as it deems fit, as the Complaints Officer;
(b)
healthcare establishments, having twenty or more persons may also designate a Complaints Officer.
Complaints Officer shall dispose of the complaints with regard to violation of the provisions of the HIV
and AIDS (Prevention and Control) Act, 2017 in the establishment;
(c)
while computing the total strength of an establishment, all employees, officers, members, directors,
trustees or managers may be included.
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[PART II—SEC. 3(ii)]
(4)
Training of Complaints Officer.– (a) the establishment has to ensure that the designated Complaints
Officer is trained for carrying out the responsibilities efficiently;
(b)
Employer may seek assistance from State AIDS Control Society for conducting training;
(c)
HIV and AIDS Module developed for Complaints Officer by Ministry Of Health And Family welfare
shall be made available to the State AIDS Control Society.
(5)
Maintenance of confidentiality.– (a) the establishment is obligated to maintain confidentiality in terms of
identity and identifying details of the protected person involved in a complaint before the Complaints
Officer and any information shall not be revealed by any person or his representatives including staff;
(b)
the establishment has to ensure that no person shall print or publish any matter in relation to a complaint
before a Complaint Officer unless the identity of the complainant in the complaint is protected;
(c) The establishment and Complaints Officer shall comply with data protection measures in accordance with
the provisions of section 11 of the HIV and AIDS (Prevention and Control) Act, 2017 (16 of 2017) and
Guidelines on Confidentiality of Data of protected persons there under. Section 5.3 of the Model Policy may also
be referred to.
(6) Functioning of the office of Complaints Officer.– (a) there shall be Establishments to establish a method for
receipt of complaints in electronic form either through dedicated website, webpage or by providing an official
email address for the submission of complaints to the Complaints Officer for further clarity on development of
website or link, establishment to contact respective State AIDS Control Societies;
(b)
in addition, the establishment shall also provide necessary facilities for the Complaints Officer for
deciding the complaint; and also make available such information as the Complaints Officer may require
addressing the complaint.
(7)
Awareness generation.- Every establishment which requires appointing a Complaints Officer shall on an
annual basis, organise workshops and awareness programmes for sensitizing its employees with the
provisions of the Act and Policy. Sensitization to also include functioning of grievance redressal mechanism
including who can file a complaint, on what basis complaint can be filed, how the complaint can be filed etc.
Contact details of the Complaints Officer to be made available to the people at the establishment.
4.
Role of Employees or co-workers,- (1) As a co-worker it is the responsibility of the person to not
discriminate against colleagues on the basis of HIV status.
(2)
Employees also have to ensure that the HIV status if known to them is not disclosed to anyone without
informed consent of the HIV positive person.
(3)
If they are witness to any form of discrimination against person on the basis of HIV status, they should
discourage such behavior and advise the person to file a complaint with Complaints Officer at the
organisation level or Ombudsman at the State level.
(4)
Employees cannot disclose the personal details including name and address of the person living with HIV to
anyone including the employer, family members, other employees or media agencies.
5.
Role of person infected with HIV,- (1) Person infected with HIV, if discriminated, should file a complaint
either with Complaints Officer at establishment where the person is working at or with the Ombudsman at
State or District level.
(2)
Every complaint should be made in writing in the Form set provided on respective establishment or State
website. Complaint can also be made via post, telephonically, or in electronic form, but at the end it has to
be translated to the Complaint Form. Where a complaint cannot be made in writing, it is the responsibility
of the Complaints Officer to render all reasonable assistance to the complainant to file the complaint in
writing.
The complaints should be made within three months from the date the complainant became aware of the
alleged violation of the Act in the establishment. If the complaints officer is satisfied that
circumstances prevented the complainant from making the complaint within the stipulated period, then the
time limit to make the complaint may be extended by a further period of three months.
(3)
Person infected with HIV has a duty to prevent transmission of HIV. Every person, who is HIV positive and
has been counselled in accordance with the guidelines issued or is aware of the nature of HIV and its
transmission, shall take all reasonable precautions to prevent the transmission of HIV to other persons. The
person should adopt strategies for the reduction of risk or informing in advance his HIV status before any
sexual contact with any person or with whom needles are shared with.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
963
6.
Role of Ministry of Health and Family Welfare (National AIDS Control Organisation) and State AIDS
Control Societies.- Ministry of Health and Family Welfare (National AIDS Control Organisation) to
facilitate regular surveys and risks assessment studies to map the vulnerable populations, their work habits and
preferences, working conditions, perceptions and other related issues. These studies undertaken will facilitate
in effective implementation of the policy, ways of dissemination, identification of work areas requiring
focus from Ministry of Health and Family Welfare (National AIDS Control Organisation) and also facilitate
the monitoring of implementation of the policy and its impact on the HIV vulnerabilities of the work force.
(1)
All State Council on AIDS to ensure adequate representation of the state labour departments, employers‘ and
workers‘ organisations.
(2)
All States to hold meetings of Legislators Forum on HIV and AID Seach year and members of Legislators
Forum on HIV and AIDS to ensure that the policy for establishments is implemented in their respective
States.
(3)
States to hold regular meetings with employer associations and State labour department to ensure setting up
of grievance redressal mechanism in the form of Complaints Officer and effective implementation of the
policy.
(4)
Ministry of Health and Family Welfare (National AIDS Control Organisation) or State AIDS Control
Society to ensure periodic reviewing and monitoring of the policy and provide necessary handholding for
various adjustments and customisation required due to constantly changing internal and external situation.
APPENDIX A
Form for making Complaint to Complaints Officer
1.
Date of Incident
2.
Place of Incident
3.
Description of incident
4.
Person/ institution responsible for the incident
Signature/ Thumb Impression of Complainant* Name:
Date:
Mobile No./email/Fax/Address:
For Official Use only:
Complaint Number:
*Where the complaint is received orally or telephonically and reduced to writing by the Complaints Officer, the
Complaints Officer shall sign and date the Form.
[F. No. T-11020/50/1999/NACO (P&C)- Part VII (I)]
ALOK SAXENA, Addl. Secy.
ृेरोजलयम और प्राकृजतक गैस मंत्रालय
नई ददल् ली, 11 मई, 2022
का.आ. 455.—केंद्र सरकार तेल उद्योग (जवकास) अजधजनयम, 1974 (1974 का 47) की धारा 3 की उृ-धारा
(3)(क) द्वारा प्रदत् त िजक् तयों प्रयोग करते हुए री ी एस.सी.एल दास, महा जनदेिक, हाइड्रोकाबान महा जनदेिालय को ददनांक
08.04.2022 से 07.04.2024 अथवा अगले आदेिों, इनमें से जो भी ृहले हो, तक के जलए तेल उद्योग जवकास बोडा के
सदस्ट् य के प ृ में एत्ारा जनयुक् त करती है।
[फा. सं.जी-38011/41/2016-जवत् त-I/ओएनजी-I]
आर. के. कुरील, जनदेिक
964 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 11th May, 2022
S.O. 455.—In exercise of the Powers conferred by Sub-Section (3)(a) of Section 3 of the Oil Industry
(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Shri S.C.L Das, DG, DGH as a
member of the Oil Industry Development Board w.e.f 08.04.2022 to 07.04.2024 or until further orders, whichever is
earlier.
[F. No. G-38011/41/2016-Fin.I/ONG-I]
R. K. KUREEL, Director
नई ददल् ली, 11 मई, 2022
का.आ. 456.—केंद्र सरकार तेल उद्योग (जवकास) अजधजनयम, 1974 (1974 का 47) की धारा 3 की उृ-धारा
(3)(क) द्वारा प्रदत् त िजक् तयों प्रयोग करते हुए सुरी ी आरती आजजा, सजचव, रसायन और ृेरोरसायन जवभाग को ददनांक
08.04.2022 से 07.04.2024 अथवा अगले आदेिों, इनमें से जो भी ृहले हो, तक के जलए तेल उद्योग जवकास बोडा के
सदस्ट् य के प ृ में एत्ारा जनयुक् त करती है।
[फा. सं. जी-38011/41/2016-जवत् त-I/ओएनजी-I]
आर.के. कुरील, जनदेिक
New Delhi, the 11th May, 2022
S.O. 456.—In exercise of the Powers conferred by Sub-Section (3)(a) of Section 3 of the Oil Industry
(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Ms. Arti Ahuja Secretary,
Department of Chemicals & Petrochemicals as a member of the Oil Industry Development Board w.e.f to 08.04.2022
to 07.04.2024 or until further orders, whichever is earlier.
[F. No. G-38011/41/2016-Fin.I/ONG-I]
R. K. KUREL, Director
नई ददल् ली, 11 मई, 2022
का.आ. 457.—केंद्र सरकार तेल उद्योग (जवकास) अजधजनयम, 1974 (1974 का 47) की धारा 3 की उृ-धारा
(3)(ग) द्वारा प्रदत् त िजक् तयों प्रयोग करते हुए री ी मनोज जैन, अध्यक्ष एवं प्रबंध जनदेिक, गेल को अगले आदेिों तक ददनांक
08.04.2022 से 31.08.2022 तक के जलए तेल उद्योग जवकास बोडा के सदस्ट् य के प ृ में एत्ारा जनयुक् त करती है।
[फा. सं. जी-38011/41/2016-जवत् त-I/ओएनजी-I]
आर. के. कुरील, जनदेिक
New Delhi, the 11th May, 2022
S.O. 457.—In exercise of the Powers conferred by Sub-Section (3)(c) of Section 3 of the Oil Industry
(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Shri Manoj Jain,CMD, GAIL, as a
member of the Oil Industry Development Board w.e.f 08.04.2022 to 31.08.2022, until further orders.
[F. No. G-38011/41/2016-Fin.I/ONG-I]
R. K. KUREEL, Director
नई ददल् ली, 11 मई, 2022
का.आ. 458.—केंद्र सरकार तेल उद्योग (जवकास) अजधजनयम, 1974 (1974 का 47) की धारा 3 की उृ-धारा
(3)(घ) द्वारा प्रदत् त िजक् तयों प्रयोग करते हुए डॉ. एसएसवी रामकुमार, जनदेिक (अनुसंधान एवं जवकास), इंजडयन ऑयल
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
965
काृोरेिन जल. को ददनांक 08.04.2022 से 31.07.2023 अथवा अगले आदेिों, इनमें से जो भी ृहले हो, तक के जलए
तेल उद्योग जवकास बोडा के सदस्ट् य के प ृ में एत्ारा जनयुक् त करती है।
[फा. सं. जी-38011/41/2016-जवत् त-I/ओएनजी-I]
आर. के. कुरील, जनदेिक
New Delhi, the 11th May, 2022
S.O. 458.—In exercise of the Powers conferred by Sub-Section (3)(d) of Section 3 of the Oil Industry
(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Dr. SSV Ramakumar Director
(R&D), IOCL as a member of the Oil Industry Development Board w.e.f to 08.04.2022 to 31.07.2023 or until further
orders, whichever is earlier.
[F. No. G-38011/41/2016-Fin.I/ONG-I]
R. K. KUREEL, Director
नई ददल् ली, 12 मई, 2022
का.आ. 459.—केन् द्रीय सरकार, राजभाषा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 के जनयम
10 के उृजनयम (4) के अनुसरण में ृेरोजलयम और प्राकृजतक गैस मंत्रालय के प्रिासजनक जनयंत्रणाधीन सावाजजनक क्षेत्र के
उृक्रम के जनम् नजलजखत कायाालय के 80 प्रजतित से कम कमाचारी वृन् द को जहन् दी का कायासाधक ज्ञान होने के कारण
अनजधसूजचत करती है।
ऑयल एंड नेचुरल गैस कॉृोरेिन जलजमटेड,
एमबीए बेजसन, टेक्नोृाजलस जबहल्डग,
सॉल्ट लेक जसटी, कोलकाता – 700091
[फा. सं. 11012/3/2021-ओएल]
िोभना री ीवास्ट् तव, उृ जनदेिक (राजभाषा)
New Delhi, the 12th May, 2022
S.O. 459.—In pursuance of Sub Rule (4) of Rule 10 of the Official Language (Use for official purpose of the
Union) Rules, 1976, the central Government hereby denotifies the following office of the Public Sector undertaking
under the administrative control of the Ministry of Petroleum & Natural Gas, as less than 80 percent of the staff have
working Knowledge of Hindi.
OIL and Natural Gas Corporation
MBA Basin, Technopolis Building,
Salt lake City, Kolkata – 700091
[F. No. 11012/3/2021-OL]
SHOBHANA SRIVASTAVA, Dy. Director (OL)
966 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
री म और रोजगार मंत्रालय
ubZ fnYyh] 27 vizSy] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj
इ.सी.एल. 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&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 85@2001½ dks izdkf’kr djrh gS]
tks dsUnzh; ljdkj dks 27-04-2022 dks izkIr gqvk FkkA
[la- ,y-20012@583@2000-vkbZvkj ¼lh-1½]
jktsUnz flag] voj lfpo
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 27th April, 2022
S.O. 460.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 85/2001) of the Central Government Industrial Tribunal-cum-
Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of
E.C.L. and their workmen, received by the Central Government on 27.04.2022.
[No. 20012/583/2000 – IR (C-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. 85/2001
Employer in relation to the management of Mugma Area of M/s. E.C.L.
AND
Their workman
Present: Shri Dinesh Kumar Singh, Presiding Officer
Appearances:
For the Employers : None
For the workman. : None
State : Jharkhand.
Industry:- Coal
Dated 28.03.2022
AWARD
By Order No.L-20012/583/2000 (C-I) dated 22/26.03.2001 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
“क्या कोयला मजदूर कााँ्र ेस की मांग दक ई.सी.एल., मुगमा क्षेत्र द्वारा कमाकार री ी बदरी हसह दक आयु 10.5.96 को 571/2
वषा मानी जाए क्योंदक उि जतजथ को जचदकत्सा बोडा ने उनकी आयु 55 से 60 वषा के बीच जनधााररत की थी, उजचत एवं
न्यायसंगत है? यदद हााँ तो कमाकार दकस राहत के ृात्र हैं?”
2. The reference is received on 16/04/2001 by this Tribunal in which the General Secretary, Koyla Mazdoor
Congress, Asansol had been advised to submit statement of claim along with relevant document within fifteen
days but the union/workman did not appear before the Tribunal. However after receipt of the reference, both parties
were noticed but neither the union/workman nor the management appeared before the Tribunal. Now Case is
pending since 16/04/2001 and workman/union as well as management 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
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
967
नई ददल्ली, 5 मई, 2022
का.आ. 461.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार अधीक्षण ृुरातत्वजवद्, भारतीय ृुरातत्व सवेक्षण, 22, माल रोड, आगरा सकाल, आगरा (यूृी); महाजनदेिक,
भारतीय ृुरातत्व सवेक्षण, 11, जनृथ, नई ददल्ली,के प्रबंधतंत्र के संबध जनयोजकों और री ी राजू, कामगार, के बीच
अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] कानृुर ृंचाट (संदभा सं्या 04 of 2017) को
जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 04.05.2022 को
प्राप्त हुआ था l
[सं. एल- 42012/106/2016- आईआर-(डीयू)]
डी. के. जहमांिु, अवर सजचव
New Delhi the 5th May, 2022
S.O. 461.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 04 of 2017) of the Central Government Industrial Tribunal cum
Labour Court – Kanpur, as shown in the Annexure, in the Industrial dispute between the employers in relation to The
Superintending Archeologist ,Archeological Survey of India, 22, Mall Road, Agra Circle, AGRA (U.P.);The Director
General, Archeological Survey of India, 11,Janpath, New Delhi, and Shri Raju, worker which was received along with
soft copy of the award by the Central Government on 04.05.2022.
[No. L- 42012/106/2016- IR (DU)]
D. K. HIMANSHU Under Secy.
ANNEXURE
BEFORE SHRI SOMA SHEKHAR JENA, PRESIDING OFFICER CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT KANPUR
PRESENT : SOMA SHEKHAR JENA, HJS (Retd.)
I.D. No. 04 of 2017
L-42012/106/2016-IR(DU) dated 19.01.2017
BETWEEN :
Shri Raju S/o Sh. Mahavir, Nai Aabadi,
Teen Ka Nagla, Tajganj,
AGRA(U.P)-282001
AND
1.
The Superintending Archeologist
Archeological Survey of India,
22, Mall Road, Agra Circle,
AGRA (U.P.)-
2.
The Director General,
Archeological Survey of India, 11
Janpath, New Delhi-
AWARD
This award arises in respect of the reference mentioned in the schedule stated below as received from the
Government of India in letter no. L-42012/106/2016-IR(DU) dated 19.01.2017
SCHEDULE
“Whether the action of the management of Superintending Archeologist ASI, Agra in terminating the
service of workman named Mr. Raju w.e.f 01.06.2015 from the post of casual labour without complying
the provision of Sec 25(F) of ID Act is legal and justified. If not, what relief the said workman is entitled
to and from which date? ”
On receipt of notification notice was issued to the parties on 7th February, 2017. In response to the notice the
AR of the worker filed the claim statement on 10.04.2017. Later on 31.10.2017 AR of the management moved an
968 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
objection application. On 14.03.2018 AR for the worker filed the objection reply. From thereon the case was fixed at
the stage of disposal of the objection application. On perusal of the record it is found that the worker failed to make
his presence before this Tribunal for a long time.
On 05.04.2022, during the pendency of the dispute A.R of the worker filed a memo declining his interest to
pursue the dispute. The worker failed to communicate with the A.R despite his several attempts to intimate the worker
regarding the proceeding of the dispute. This clearly manifests the reluctance and non interest of the workman to
pursue the case. Pleadings of the workman are not to be read as substantive evidence.
Hence in the given circumstances the reference stands disposed of as of ‗NIL‘ award.
Parties are left to bear their respective costs.
SOMA SHEKHAR JENA, Presiding Officer
नई ददल्ली, 5 मई, 2022
का.आ. 462.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार मु्य महाप्रबंधक (दूरसंचार)भारत संचार जनगम जलजमटेड, भोृाल जजला प्रबंधक के द्वारा,दूरसंचार, गुना (म.प्र.),
के प्रबंधतंत्र के संबध जनयोजकों और री ी रघुनाथ, कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k
,oa Je U;k;ky;] जबलृुर के ृंचाट (संदभा सं्या CGIT/LC/R/132/2012) को जैसा दक अनुलग्नक में ददखाया गया है,
प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 05.05.2022 को प्राप्त हुआ था l
[सं. एल-40012/31/2012-आईआर-(डीयू)]
डी. के. जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 462.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/132/2012) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Chief General Manager,(Telecommunications), Bharat Sanchar Nigam Ltd., Bhopal through District
Manager, Telecommunication, Guna (M.P.) and Shri Raghunath, worker, which was received along with soft copy of
the award by the Central Government on 05.05.2022.
[No. L- 40012/31/2012-IR (DU)]
D. K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/132/2012
Present: P. K. Srivastava, H.J.S..( Retd)
Shri Raghunath,
S/o Shri Ramkrishan Mali,
R/o Behind Jila Sahkari Bank,
Talab Ki Badi, Chchod, District Guna.
…Workman
VERSUS
The Chief General Manager (Telecommunications)
Bharat Sanchar Nigam Ltd.,
Bhopal through District Manager,
Telecommunication, Guna (M.P.)
…Management
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
969
AWARD
(Passed on 6-4-2022)
As per letter dated 22/11/2012by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.
L-40012/31/2012-IR(DU) The dispute under reference relates to:
―Whether the claim of Shri Raghunath that he had worked for more than 240 days in a year before
alleged termiantin from 9/2/2009 is justified?if yes, whether the action of the management in terminating
his services from 9/2/2019 is legal and just? if not, then what relief the workman is entitled to? .‖
1.
After registering the case on the basis of reference, notices were sent to the parties. Both the parties have
filed their respective statement of claim/defence.
2.
According to the workman, he was initially appointed as a casual labour with effect from March-1993 in the
office of management in Guna and worked their continuously up to 1997 without break. He was paid on monthly
basis by the management. His services were terminated by management without any notice or compensation, hence
against law. He raise a dispute, after failure of conciliation, a reference was made. According to the workman, his
disengagement is against Section 25F, Section 25G and Section 25H of the Industrial Disputes Act,1947. Accordingly
the workman has requested for his reinstatement with all back wages and consequential benefits, setting aside his dis-
engagement.
3.
According to the Management, the workman never worked as a daily wager during the period which he has
claimed. Hence his dis-engagement is not against law. The Management has requested that the reference be answered
against the workman.
4.
Inspite of the fact that several dates were given to the workman. He did not appear and neither did he file
any evidence. The Management has also not filed any evidence.
5.
The workman did not appear for arguments nor has he filed any written argument. I have heard learned
counsel for the Management Shri R.S.Khare and have perused the record.
6.
The reference is the issue for determination, in the case in hand.
7.
It is necessary to reproduce Section 25F, Section 25G and Section 25H of the Industrial Disputes Act,1947 as
below:-
25F. Conditions precedent to retrenchment of workmen.- No workman employed in any industry who
has been in continuous service for not less than one year under an employer shall be retrenched by
that employer until- (a) the workman has been given one month's notice in writing indicating the
reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of
such notice, wages for the period of the notice: 1[***] (b) the workman has been paid, at the time of
retrenchment, compensation which shall be equivalent to fifteen days' average pay 2[for every
completed year of continuous service] or any part thereof in excess of six months; and (c) notice in the
prescribed manner is served on the appropriate Government 3[or such authority as may be specified
by the appropriate Government by notification in the Official Gazette.]
25G. Procedure for retrenchment.- Where any workman in an industrial establishment, who is a
citizen of India, is to be retrenched and he belongs to a particular category of workmen in that
establishment, in the absence of any agreement between the employer and the workman in this behalf,
the employer shall ordinarily retrench the workman who was the last person to be employed in that
category, unless for reasons to be recorded the employer retrenches any other workman.
25H. Re-employment of retrenched workmen.- Where any workmen are retrenched and the employer
proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an
opportunity 2[to the retrenched workmen who are citizens of India to offer themselves for re-
employment, and such retrenched workmen] who offer themselves for re-employment shall have
preference over other persons.
8.
The initial burden to prove his claim is on the workman. Since he has not filed any evidence in support of his
claim, he is held to have failed in discharging this burden. Hence, holding the claim of the workman not proved, the
reference deserves to be answered against the workman and is answered accordingly.
9.
On the basis of the above discussion, following award is passed:-
A. The claim of Shri Raghunath that he had worked for more than 240 days in a year before alleged
termination from 9/2/2009 and the action of the management in terminating his services from
9/2/2009 is held to be just and proper.
B. The workman is held entitled to no relief.
10.
Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per
rules.
P. K. SRIVASTAVA, Presiding Officer
970 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
नई ददल्ली, 5 मई, 2022
का.आ. 463.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार वररष्ठ महाप्रबंधक, वाहन कारखाना, जबलृुर, के प्रबंधतंत्र के संबध जनयोजकों और री ी संदीृ कुमार सोनी,
कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] जबलृुर ृंचाट (संदभा सं्या
CGIT/LC/R/16/2018) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी
के साथ 05.05.2022 को प्राप्त हुआ था l
[सं. एल- 14012/01/2018- आईआर-(डीयू)]
डी.के.जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 463.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/16/2018) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Senior General Manager,Vehicle Factory, Jabalpur, and Shri Sandeep Kumar Soni, worker, which was
received along with soft copy of the award by the Central Government on 05.05.2022.
[No. L-14012/01/2018- IR (DU)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/16-2018
Present: P.K.Srivastava H.J.S..( Retd)
Shri Sandeep Kumar Soni
SarraPeepal,Nai Basti,
Near Govt. School
Ranjhi,Jabalpur-482011
….Workman
Versus
The Senior General Manager,
Vehicle Factory, Jabalpur
Jabalpur-482009
…Managment
AWARD
(Passed on this 4-4-2022)
As per letter dated 28/3/2018 by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-
14012/01/2018-IR(DU). The dispute under reference relates to:
1.
―Whether the action of the management of Vehicle Factory, Jabalpur in imposing the punishment of
dismissal from service on the workman Shri Sandeep Kumar soni, Machinist(worked from 25-2-2010)
on 15-11-2013 is fair, just & legal? If not, to what relief the workman is entitled to?”
2.
After registering the case on the basis of reference, notices were sent to the parties.
3.
The workman never appeared inspite of service of notice on him and nor has filed any written statement of
claim.
4.
The Management has filed its written statement of defence. The evidence filed by the Management is taken
on record. Since no one appeared from the side of the workman on the dates fixed the reference proceeded ex-
parte against the workman.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
971
5.
The Arguments of learned counsel for the Management Shri Saurabh Shukla were heard Ex-parte. I have gone
through the record as well.
6.
The initial burden to prove their claim lies on the workman. He has not filed any statement of claim nor has
he filed any documents or evidence in his support. The workman has miserably failed to prove his case.
Hence this tribunal is constrained to decide the reference against the workmen.
7.
Accordingly an ex-parte award in favour of the Management is passed. The workman is held entitled to no
relief.
8.
Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per
rules.
P.K.SRIVASTAVA, Presiding Officer
नई ददल्ली, 5 मई, 2022
का. आ. 464.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार संयुि जनयंत्रक रक्षा लेखा,वेतन एवं लेखा कायाालय, ्र ेनेजडयसा रेजजमेंटल सेंटर, जबलृुर, के प्रबंधतंत्र के संबध
जनयोजकों और री ी जिवराज हसह सरोजतया, कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa
Je U;k;ky;] जबलृुर के ृंचाट (संदभा सं्या CGIT/LC/R/61/2007) को जैसा दक अनुलग्नक में ददखाया गया है,
प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 05/05/2022 को प्राप्त हुआ था l
[सं. एल-14012/28/2003- आईआर-(डीयू)
डी. के. जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 464.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/61/2007) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Joint Controller Defence Accounts,Pay & Accounts Office, Grenadiers Regimental Centre, Jabalpur,
and Shri Shivraj Singh Sarotia, worker, which was received along with soft copy of the award by the Central
Government on 05.05.2022.
[No. L- 14012/28/2003- IR (DU)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/61/2007
Present: P.K. Srivastava H.J.S..( Retd)
Shri Shivraj Singh Sarotia,
S/o Late Shri Gangadeen Sarotia,
Near Shaktimandir, Kothi Bazar,
Hoshangabad (M.P.)
…Workman
Versus
The Joint Controller Defence Accounts,
Pay & Accounts Office,
Grenadiers Regimental Centre, Jabalpur
…Management
972 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
AWARD
(Passed on 8-4-22)
As per letter dated 6/7/2007 by the Government of India, Ministry of Labour, New Delhi, the
reference is received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per
Notification
No.L-14012/28/2003-IR(DU). The dispute under reference relates to:
―Whether the action of the Joint Controller of Defence Accounts is an industry and if yes, whether
the action of the management of Joint controller of Defence Accounts, Jabalpur in imposing a
punishment of compulsory retirement on Shri Shivraj Singh Sarotia w.e.f 15-2-1990 is legal and
justified? If not, to what relief the workman is entitled to? .‖
1.
After registering the case on the basis of reference, notices were sent to the parties. Both the parties have
filed their respective statement of claim/defense.
2.
The case of the workman as stated in his statement of claim is that he was initially appointed as an
Auditor on 24-6-1977 and was posted in PAO(ORS) signal, Jabalpur. He was issued a charge sheet . He
denied the charges. The Disciplinary authority decided to conduct an inquiry against him. After Inquiry , the
Inquiry Officer submitted his report holding the charges proved. According to the workman the inquiry held
was not legal and proper. The Disciplinary Authority issued a notice on the basis of inquiry report and after
taking his representation on the show cause, passed the order of compulsory retirement which according to the
workman is not justified because the charges were also not proved from the inquiry and the punishment was
disproportionate. Accordingly, the workman has requested for his reinstatement, setting aside the punishment
order.
3.
The case of the Management is mainly that firstly the reference is not maintainable before this Tribunal
because the office of PAO(ORS) is not an industrial establishment, hence Industrial Disputes Act,1947 is not
applicable. Further, it is the case of the management that the departmental inquiry was conducted against the
workman for alleged mis-conduct of tampering official records and interpolating the financial documents by
typewriting names against total shown in the individual Running Ledger Accounts (IRLA) sheets and changing
the amounts shown in the payment authority issued by the then CDA(ORs) Central, Nagpur on account of DA
for the journeys performed by the Indian Army soldiers on temporary duty to Bhutan and replaced the original
IRLA sheets maintained by the task holder with the fresh copies of IRLA sheet prepared by him. The charges
were inquired into. The Inquiry Officer submitted his representation holding the charges proved and after
considering the representation of the workman on the show cause notice issued by the Disciplinary Authority
with regard to Inquiry report, he was awarded punishment of compulsory retirement, taking a lenient view,
thought the misconduct proved was of serious nature and called for major punishment of dismissal also.
4.
The following issues were framed by my learned Predecessor vide order dated 3-9-2015 on the basis
of pleadings of parties which are as follows:-
1.Whether the inquiry conducted against the workman is proper and legal?
2.Whether the Second Party is an Industry under the ID Act?
3.Whether the punishment imposed against the workman of compulsory retirement is legal?
4.If so, to what relief?
5.
ISSUE NO.1
Issue No.1 was taken as preliminary issue and was decided on the basis of evidence on record, holding
the departmental inquiry legal and proper vide order dated 18-2-2020. The parties were required to produce
their evidence on remaining issue. None of the parties produced any other evidence on remaining issues, hence
final argument have been heard by me. Shri Sajid Akhtar, learned counsel for the workman appeared and
Shri S.K.Mishra, learned counsel for the Management appeared and submitted arguments. The management
has filed written submissions also. I have gone through the written submissions as well.
6.
ISSUE NO.2:-
As it has been submitted by Management, Joint Controller of Defence Accounts, Pay & Accounts
Office, Grenadiers Regimental Centre Jabalpur is not an industry. This argument has been opposed by learned
counsel for the workman . He has referred to the Seven Judges Bench decision of the Hon‘ble the Apex Court
in the case of Bangalore Water Supply & Sewarage Board, Etc. VS. R. Rajappa & Others(1978) 2 SCC
213 on this point.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
973
7.
The word industry is defined under Section 2J of the Industrial Disputes Act,1947(hereinafter referred
to as the word Act).
2(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and includes
any calling, service, employment, handicraft, or industrial occupation or avocation of workmen;
8.
After considering the principle of law laid down in the case of R. Rajappa & Others (supra), it is
established that the Joint Controller Defence Accounts is not directly involved in defence of the country, rather
it works as a remote back office in discharging the duties of account works and is Industry as defined under
Section 2(j) of the Act referred to above. Accordingly the Management is held to be an industry under Section
2(J) of the Act. Issue No.2 is decided accordingly.
9.
ISSUE NO.3:-
Before entering into any discussion regarding proportionality of punishment, it is necessary to discuss
the following judgments passed by Hon‘ble the Apex Court on this point:-
1.
Hon‘ble Apex Court in B.C. Chayurvedi v. Union of India, (1995) 6 SCC 749 while discussing about the
scope of judicial review, in disciplinary matters, has observed as under:
“The High Court/Tribunal, while exercising the power of judicial review, cannot normally
substitute its own conclusion on penalty and impose some other penalty. If the punishment imposed
by the disciplinary authority or the appellate authority shocks the conscience of the
High
Court/Tribunal,
it
would
appropriately
mold
the
relief,
either
directing
the
disciplinary/appellate authority to reconsider the penalty imposed, or to shorten the litigation, it
may itself, in exceptional and rare cases, imposed appropriate punishment with cogent reasons in
support thereof.”
2.
In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon‘ble Apex Court has observed that:
Normally, the punishment imposed by a disciplinary authority should not be disturbed by the High Court or
a tribunal except in appropriate cases that too only after reaching a conclusion that the punishment imposed
is grossly or shockingly disproportionate, after examining all the relevant factors including the nature of
charges proved against, the past conduct, penalty imposed earlier, the nature of duties assigned having due
regard to their sensitiveness, exactness expected of an discipline required to be maintained, and the
department /establishment which the delinquent person concerned works.”
3.
In United Commercial Bank vs. P.C. Kakkar (2003) 4 SCC 364 Hon‘ble Apex Court on review of a long
line of cases and the principles of judicial review of administrative action under English law summarized the legal
position in the following words:
The common thread running through in all these decisions is that the court should not interfere
with the administrators’ decision unless it was illogical or suffers from procedural impropriety or
was shocking to the conscience of the court, in the sense that it was in defiance of logic or moral
standards. In view of what has been stated in Wednesbury case the court would not go into the
correctness of the choice made by the administrator open to him and the court should not
substitute its decision to that of the administrator. The scope of judicial review is judicial review is
limited to the deficiency in decision-making process and not the decision.
To put it differently, unless the punishment imposed by the disciplinary authority or the appellate
authority shocks the conscience of the court/tribunal, there is no scope for interference. Further,
to shorten litigation it may, in exceptional and rare cases, impose appropriate punishment by
recording cogent reasons in support thereof.‖
4.
In Union of India vs. S.S. Ahluwalia (2007) 7 SCC 257 Hon‘ble Supreme Court reiterated the legal position
as follows:
“……… The scope of judicial review in the matter of imposition of penalty as a result of
disciplinary proceedings is very limited. The court can interfere with the punishment only if it finds
the same to be shockingly disproportionate to the charges found to be proved.”
5.
In State of Meghalaya v. Mecken Singh N. Marak (2008) 7 SCC 580 Hon‘ble Supreme Court stated that:
6.
“The punishment imposed by the disciplinary authority or the appellate authority unless shocking
to the conscience of the court, cannot be subjected to judicial review.
7.
Hon‘ble Apex Court in Administrator, Union Territory of Dadra and Nagar Haveli vs. Gulbhia M. Lad
(2010) 2 SCC (L&S) 101 has observed that :
974 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
“The legal position is fairly well settled that while exercising the power of judicial review, the High Court
or a Tribunal cannot interfere with the discretion exercised by the disciplinary authority, and/or on appeal
the appellate authority with regard to the imposition of punishment unless such discretion suffers from
illegality or material procedural irregularity or that would shock the conscience of the court/tribunal. The
exercise of discretion in imposition of punishment by the disciplinary authority or appellate authority is
dependent on host of factors such as gravity of misconduct, past conduct, the nature of duties assigned to
the delinquent, responsibility of the position that the delinquent holds, previous penalty, if any, and the
discipline required to be maintained in the department or establishment he works. Ordinarily the court or
the tribunal would not substitute its opinion on reappraisal of facts.
8.
Hon’ble Apex Court in (2011) 1 Supreme Court Cases (L&S) 721 has observed that:
It is now well settled that the courts will not act as an appellate court and reassess the evidence led in the
domestic enquiry, nor interfere on the ground that another view is possible on the material on record. If
the inquiry has been fairly and properly held and the findings are based on evidence, the question of
adequacy of the evidence or the reliable nature of the evidence will not be grounds for interfering with the
findings in departmental enquiries. Therefore, the courts will not interfere with findings of fact recorded
in departmental inquiries, except where such findings are based on no evidence or where they are clearly
perverse. The test to find out perversity is to see whether a tribunal acting reasonably could have arrived
at such conclusion or findings, on the material on record. The courts will however interfere with the
findings in disciplinary matters, if principles of natural justice or statutory regulations have been violated
or if the order is found to be arbitrary, capricious, mala fide or based on extraneous considerations.
9.
It is admitted proposition of law that the Court cannot sit in appeal or it cannot re-appreciate the evidence
relied before Inquiry Officer; in as much as it cannot alter the order or punishment; however, the scope of invoking the
powers given under Section 11 A of the Act, by the Labour Court is confined to the condition that the Court should
interfere with the order of punishment when it is disproportionate with respect to the misconduct committed or it is
harsh.
10.
The charges against the workman have been elaborated earlier. I have gone through the inquiry papers filed
and proved by the Management at the time of hearing on Issue No.1. These papers show that the statement of oath
of Shri R.C.Kapoor, Shri M.P.Lakhara and Shri V.B.Banerjee was recorded during the inquiry. I have gone through
their statement on oath. Their statements coupled with the documents are proved and found that the inquiry papers
establish the charges against the workman. I find no occasion to disagree with the finding of the Inquiry Officer in
his inquiry report. Accordingly, the charges are held proved against the workman. Issue No.3 is decided
accordingly.
11.
ISSUE NO.4:-
On the basis of the findings recorded in Issue No.3, the workman is held entitled to no relief. Accordingy
Issue No.4 is answered.
12.
On the basis of the above discussion, following award is passed:-
A.
The action of the management of Joint controller of Defence Accounts, Jabalpur in imposing a
punishment of compulsory retirement on Shri Shivraj Singh Sarotia w.e.f 15-2-1990 is held to be
legal and proper.
B.
The workman is held entitled to no relief.
13. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules.
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 5 मई, 2022
का.आ. 465.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार क्षेत्रीय जनदेिक, राष्ट्रीय मुि जवद्यालयी जिक्षा संस्ट्थान, क्षेत्रीय केंद्र, मानस भवन, मयामला जहल्स, भोृाल (म.प्र.),
के प्रबंधतंत्र के संबध जनयोजकों और री ी जजतेंद्र हसह धाकड़, कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd
vf/kdj.k ,oa Je U;k;ky;] जबलृुर के ृंचाट (संदभा सं्या CGIT/LC/R/105/2018) को जैसा दक अनुलग्नक में ददखाया
गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 05.05.2022 को प्राप्त हुआ था l
[सं. एल- 42012/134/2018- आईआर-(डीयू)]
डी.के. जहमांिु, अवर सजचव
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
975
New Delhi, the 5th May, 2022
S.O. 465.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/105/2018) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The Regional Director,National Institute of Open Schooling, Regional Centre, Mansas Bhawan, Shyamla
Hills,Bhopal (M.P.), and Shri Jitendra Singh Dhakad, worker, which was received along with soft copy of the award
by the Central Government on 05.05.2022.
[No. L-42012/134/2018-IR (DU)]
D. K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/105/2018
Present: P.K. Srivastava NH.J.S..( Retd)
The Jitendra Singh Dhakad
H.No.78, Preetpal Kaur,
Neelkanth Colony,
Idgah Hills,
Bhopal (M.P.)
…Workman
Versus
The Regional Director,
National Institute of Open Schooling,
Regional Centre, Mansas Bhawan
Shyamla Hills, Bhopal (M.P.)
…Management
AWARD
(Passed on 5-4-2022.)
As per letter dated 22/11/2018 by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No .L-
42012/134/2018-IR(DU). The dispute under reference relates to:
―Whether the action of the management of Regional Director, National Institute of Open Schooling,
Regional Centre, Bhopal in terminating the services of workman Shri Jitendra Singh Dhakad w.e.f.
29/9/2017 who was working w.e.f. 19/9/2008 and entrusted the work of maintenance of attendance register
and biometric machine is just and proper?If not, what relief the workman concerned is entitled to?” .‖
1.
After registering the case on the basis of reference, notices were sent to the parties.
2.
The workman never appeared inspite of service of notice on him and nor has filed any written statement of
claim.
3.
None appeared from the side of the Management and nor have they filed any written statement of defence.
4.
The initial burden to prove their claim lies on the workman. He has not filed any statement of claim nor
has he filed any documents or evidence in his support. The workman has miserably failed to prove his case. Hence
this tribunal is constrained to decide the reference against the workmen.
5.
Accordingly the reference is decided against the workman.
6.
Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per
rules.
P.K.SRIVASTAVA, Presiding Officer
976 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
नई ददल्ली, 5 मई, 2022
का.आ. 466.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार महाप्रबंधक दूरसंचार, भारत संचार जनगम जलजमटेड, काटजू नगर, रतलाम (म.प्र.), के प्रबंधतंत्र के संबध
जनयोजकों और री ी रमेि, कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;]
जबलृुर के ृंचाट(संदभा सं्या CGIT/LC/R/101/2015) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है
जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 05/05/2022 को प्राप्त हुआ था l
[सं. एल- 40012/41/2015- आईआर-(डीयू)]
डी.के. जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 466.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/101/2015) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The General manager Telecon,Bharat Sanchar Nigam Limited Katju Nagar,Ratlam (MP), and Shri Ramesh,
worker, which was received along with soft copy of the award by the Central Government on 05.05.2022.
[No. L- 40012/41/2015- IR (DU)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/101/2015
Present: P.K.Srivastava H.J.S..( Retd)
Shri Ramesh
S/o Mohanlal,
R/o Haat Ki Chowki Subhash Nagar
Ratlam(MP)-457001
…Workman
Versus
The General manager Telecon
Bharat Sanchar Nigam Limited
Katju Nagar,Ratlam(MP)
…Management
AWARD
(Passed on 6-4-2022.)
As per letter dated 5/10/2015 by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-
40012/41/2015-IR(DU). The dispute under reference relates to:
―Whether the action of the management of General manager Telecom, Bharat Sanchar Nigam Ltd.
Ratlam in terminating the services of workman Shri Ramesh S/o Shri Mohanlal w.e.f. 7-7-2014 is
justified?if not, what relief the workman is entitled to?”
1.
After registering the case on the basis of reference, notices were sent to the parties. Both the parties have
filed their statement of claim/defence.
2.
According to the workman, he was engaged as a daily wager Safai Karmachari in the office of the
Management on fix pay of Rs.600/- per month. He had been working since morning 6am to 10am and in the evening
for 4 to 8 hours. His salary was enhanced to Rs.800/- per month in the month of March-2001 but later was re fixed at
Rs.600/- per month. On the complaint made by the workman to the member of Parliament Satyanaran Jatia , the
salary of the workman was enhanced to Rs.3900 per month. Another person Narendra Parmar was also appointed for
sweeping purpose by management and Management thereafter started paying Rs.1950/- to the applicant workman and
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
977
Rs.1950 to Narendra Parmar. The last payment was made by cheque of the Krishna Security Services in favour of the
claimant on 19-11-2014. His services were disengaged thereafter, without any notice or compensation, which is
against law. The workman has requested for his reinstatement with back wages and benefits.
3.
The case of the management is that the job of cleaning was entrusted to a contractor M/s Krishna Security
Services. The workman was engaged by the contractor. There is no relation of employer and employee with the
Management and the claimant workman. Payments were made by the contractor. The workman was never terminated
by the Management because he was not engaged by the Management and accordingly the management has prayed
that the reference be answered against the workman.
4.
The workman has filed a bunch of photocopy papers which are denied by the Management. The burden to
prove these documents was on workman. He did not prove these documents. The workman did not examine any
witness in support of his claim. The management has also not examined any witness.
5.
The workman was not present at the time of arguments, hence argument of Shri R.S.Khare, learned counsel
for the Management were heard and record has been perused by me.
6.
The reference is the issue for determination, in the case in hand.
7.
It is necessary to reproduce Section 25B and Section 25G of the Industrial Disputes Act,1947, which is as
under:-
Section 25 B:-
Definition of continuous service.-
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in
uninterrupted service, including service which may be interrupted on account of sickness or
authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of
work which is not due to any fault on the part of the workman; (2) where a workman is not in
continuous service within the meaning of clause (1) for a period of one year or six months, he
shall be deemed to be in continuous service under an employer- (a) for a period of one year, if
the workman, during a period of twelve calendar months preceding the date with reference to
which calculation is to be made, has actually worked under the employer for not less than- (i)
one hundred and ninety days in the case of a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case; (b) for a period of six months, if the
workman, during a period of six calendar months preceding the date with reference to which
calculation is to be made, has actually worked under the employer for not less than- (i) ninety-
five days, in the case of a workman employed below ground in a mine; and (ii) one hundred
and twenty days, in any other case.
25G. Procedure for retrenchment.- Where any workman in an industrial establishment, who
is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in
that establishment, in the absence of any agreement between the employer and the workman
in this behalf, the employer shall ordinarily retrench the workman who was the last person to
be employed in that category, unless for reasons to be recorded the employer retrenches any
other workman.
8.
The burden to prove the fact of his continuous engagement with the Management Bank is on the workman,
which he has not discharged. Hence, holding the claim of the workman not proved, the reference deserves to be
answered against the workman.
9.
On the basis of the above discussion, following award is passed:-
A.
The action of the management of General Manager Telecom, Bharat Sanchar Nigam Ltd.
Ratlam in terminating the services of workman Shri Ramesh S/o Shri Mohanlal w.e.f. 7-7-
2014 is held to be just and proper.
B.
The workman is held entitled to no relief.
10. Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules.
P.K.SRIVASTAVA, Presiding Officer
978 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
नई ददल्ली, 5 मई, 2022
का.आ. 467.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार जजला दूरसंचार अजभयंता, दूरसंचार, दमोह-(म.प्र.), के प्रबंधतंत्र के संबध जनयोजकों और री ी सुंदरलाल अजहरवार,
कामगार के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] जबलृुर के ृंचाट (संदभा सं्या
CGIT/LC/R/95/2011) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी
के साथ 05/05/2022 को प्राप्त हुआ था l
[सं.एल- 40012/63/2004- आईआर-(डीयू)]
डी. के. जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 467.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. CGIT/LC/R/95/2011) of the Central Government Industrial
Tribunal cum Labour Court – Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in
relation to The District Telecom Engineer,Telecom,Damoh-(M.P.) and Shri Sunderlal Ahirwar,worker, which was
received along with soft copy of the award by the Central Government on 05.05.2022.
[F. No. L- 40012/63/2004- IR (DU)]
D.K. HIMANSHU, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/95/2011
Present: P.K.Srivastava H.J.S..( Retd)
Shri Sunderlal Ahirwar,
S/o Shri Nathulal ahirwar,
Post Chenpura,
District Damoh (MP)
…Workman
Versus
The District Telecom Engineer,
Telecom,
Damoh (M.P.)
…Management
AWARD
(Passed on 4-4-2022)
As per letter dated 10/10/2011 by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-
40012/63/2004-IR(DU). The dispute under reference relates to:
―Whether the action of the management of District Engineer, Telecom, BSNL, Damoh(MP) in
terminating the services of Shri Sunderlal Ahirwar S/o Shri Nathulal Ahirwar w.e.f. 20/10/1990 is legal
and justified?What relief the workman is entitled to? .‖
1.
After registering the case on the basis of reference, notices were sent to the parties. Both the parties have
filed their respective statement of claim/defence.
2.
The case of the workman as stated in his statement of claim is that he was working as a casual labour in the
office of Telecom District Engineering from 1-8-1983 till 20-7-1990. He received an order from the office of SDO
Telecom on 20-7-1990 informing him that he will not be taken to muster roll till his case is pending before the
District Court Damoh against him is decided in his favour. He again received a letter dated 11-11-1991 from the office
of SDO phones, according him the temporary status on 11-11-91. The temporary status was accorded to him on the
condition that if the criminal Court passed the judgment against him, the status shall be withdrawn. The Court of
judicial Magistrate acquitted him from all the charges after trial of criminal case No.1011/99 vide judgment dated 6-
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
979
10-1999. Thereafter he made a representation before the SDO Telecom and sent a letter to Assistant Director
Recruitment on 17-1-2001 informing him that the workman has been acquitted from the criminal charge and has
completed 240 days of service earlier, hence he may be taken back in service with TSM status. The office of the
Assistant Director General Sanchar Bhawan, Delhi asked for certain information for reinstatement of workman vide
letted dated 1-2-1999 which was sent to them vide letter dated 27-5-2002 sent by the Telecom District Engineer
Damoh. But no order of his reinstatement was issued. Thereafter, he raised an industrial dispute. The Central
Government refused to make reference of dispute vide its order dated 5-11-2004 which was challenged by the
workman before Hon‘ble High Court of M.P. inW.P.No.5160/2005. Further the High Court allowed the petition vide
order dated 29-7-2001 and directed the Central Government to make reference to this Tribunal within 3o days from
the date of communication of the order and thereafter this reference was made by the Central Government.
According to the Workman, since he was acquitted from the charge, he is entitled for reinstatement also as he has
completed 240 days of regular service in every year, thus his termination is bad in law and is unfair labour practice.
The workman has prayed for his reinstatement with all back wages and benefits.
3.
The case of management is mainly that the workman was engaged as a daily wage casual labour . He was
not engaged for work on muster roll since July-1990 when it was found that a criminal case was pending against him.
He was exonerated from the charge by the Criminal Court in the year 1999. Since he was a casual worker engaged on
day to day basis subject to availability of work, he was not re-engaged as such. Also it has been pleaded that the
communication referred to by the workman are internal communication and that the workman has not worked
continuously for 240 days. Accordingly, the Management has prayed that the reference be answered against the
workman.
4.
The workman has filed his affidavit as his examination in chief. He has been cross-examined by
management. He has proved the documents W-1 to W-6 to be referred to as and when required. The management has
examined Shri Abhay Dubey, Divisional Engineer who has been cross-examined by workman.
5.
I have heard arguments from both the sides. Shri Praveen Yadav, learned Counsel for the workman and Shri
R.S.yadav, learned Counsel for the Managemet. The workman has filed written arguments also. I have gone through
the written argument as well.
6.
On perusal of record in the light of rival arguments , the following points come up for determination , in the
case in hand:-
1.
‘‘Whether the workman has successfully proved his continuous engagement for 240 days in every
year?
2.
Whether the termination of service of the workman is legal and justified.?
3.
Relief to which the workman is entitled to?”
7.
ISSUE NO.1:-
Before entering into any discussion, it is important to discuss Section 25-B of the Industrial Disputes
Act,1947 , which is being reproduced as below:-
Section 25 B:-
Definition of continuous service.-
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in
uninterrupted service, including service which may be interrupted on account of sickness or
authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work
which is not due to any fault on the part of the workman; (2) where a workman is not in continuous
service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to
be in continuous service under an employer- (a) for a period of one year, if the workman, during a
period of twelve calendar months preceding the date with reference to which calculation is to be made,
has actually worked under the employer for not less than- (i) one hundred and ninety days in the case
of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other
case; (b) for a period of six months, if the workman, during a period of six calendar months preceding
the date with reference to which calculation is to be made, has actually worked under the employer for
not less than- (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii)
one hundred and twenty days, in any other case.
8.
The case of the workman is that , he remained engaged as a casual labour from 1-8-1983 to 20-7-1990. He
also alleges that he completed 240 days in continuous engagement of Management in every year . The Management
has disputed this allegation. The workman has examined himself on oath. He has been cross-examined by
management. He admits that no appointment letter was issued to him. He also admits that he has no documents to
980 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
show that he worked 240 days in every year but he has asserted that he has worked for 240 days continuously in every
year.
9.
The workman has proved some documents mainly Exhibit W-5 which is letter of District Telecom Engineer
sent to Director regarding his reinstatement as a casual labour wherein he has admitted that the workman has worked
for 240 days in every year and may be reinstated as he is eligible for reinstatement. The Management does not
dispute this letter, rather, objects it that it is the internal communication. This letter cannot be discarded because it is
internal communication. From this document the statement of the workman that he worked for 240 days in every year
stands corroborated and on the other hand there is statement of the Management witness on oath wherein he states
that the workman has not worked continuously for 240 days in every year. He further states that the muster roll is
maintained only for five years and also that he was not posted when the workman was terminated. It is nowhere in his
statement that the workman worked with him. The workman did work with the Management is not disputed. The
only dispute is regarding continuous engagement for 240 days in a year. Comparing the evidence as referred to above
adduced from both the sides, the case of workman which is corroborated by the internal document of Management
itself. Exhibit W-5 appears more reliable, hence it is held that the workman has successfully proved his continuous
engagement for 240 days in every year of his engagement .
Issue No.1 is answered accordingly.
10.
Issue No.2:-
Section 25G of the Industrial Dispute Act,1947 requires to be reproduced here, which is as follows:-
25G. Procedure for retrenchment.- Where any workman in an industrial establishment, who is a
citizen of India, is to be retrenched and he belongs to a particular category of workmen in that
establishment, in the absence of any agreement between the employer and the workman in this behalf,
the employer shall ordinarily retrench the workman who was the last person to be employed in that
category, unless for reasons to be recorded the employer retrenches any other workman.
11.
It is not the case of any of the parties that any notice or compensation was given to the workman. Hence the
termination of workman is held against Section 25G of the Act. Issue No.2 is answered accordingly.
12.
.ISSUE NO.3:-
In the light of the findings recorded above, the point arises as to which relief the workman is entitled to?.
The workman has prayed for his reinstatement with back wages and benefits. It is undisputed that the workman is a
daily wage causal labour. He was not appointed against any sanctioned regular vacancy or appointed following
recruitment procedure. The Management has stated that the practice of engagement of casual workers on muster roll
has been done away now though learned Counsel for workman has referred to cases Captain M.Paul Anthony Vs.
Bharat Coal Mines Ltd.& Another Indian Kanoor.Org.doc/888207 and decision of Madras High Court in National
Institute of Technology Vs. The Presiding Officer, Indian Kanoo.org.doc.115600173 and Mahesh Dhakad Vs.
State of M.P., Indian Kanoon .ord.doc 198192033 these decisions can be easily distinguished on facts.
13.
Learned Counsel for the management has referred to decision of case of Assistant Engineer Rajasthan
Development Corporation and another Vs,. Gitam singh (2013) 2SCC 369, Secretary, State of Karnataka &
Others Vs. Uma Devi and Others(2006) 4 SCC 1 to further his argument that reinstatement with or without back
wages is not justifiable relief in the case in hand.
14.
Keeping in view the facts and aforesaid regarding reinstatement of the workman as mentioned above, the
workman is held entitled to reinstatement with or without back wages in the back drop of all facts and circumstances
of the case in hand, a lump sum compensation of Rs. 30,000/- in lieu of the claims of the workman will meet the ends
of justice . Issue No.3 is answered accordingly.
15.
On the basis of the above discussion, following award is passed:-
A.
The action of the management of District Engineer, Telecom, BSNL, Damoh(MP) in terminating
the services of Shri Sunderlal Ahirwar S/o Shri Nathulal Ahirwar w.e.f. 20/10/1990 is held not
just and proper.
B.
The workman is held entitled to lump sum compensation of Rs.30,000/- (Rs. Thirty Thousand) in
lieu of the claims of the workman as full and final settlement.
16.
Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per
rules.
P.K.SRIVASTAVA, Presiding Officer
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
981
नई ददल्ली, 5 मई, 2022
का.आ. 468.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार सजचव, केंद्रीय माध्यजमक जिक्षा बोडा 2-समुदाजयक केंद्र, प्रीत जवहार ददल्ली; मेससा मैनृावर सर्मवसेज एंड
जसक्योररटी, 15, लोजहया मागा, इलाहाबाद; री ी फ्रैंक आर. मानेसी,188/2, सुलेम सराय, इलाहाबाद ;संयुि सजचव,केंद्रीय
माध्यजमक जिक्षा बोडा, क्षेत्रीय कायाालय, 35-बीएमजी मागा, जसजवल लाइंस, इलाहाबाद,के प्रबंधतंत्र के संबध जनयोजकों
और री ी राज कुमार जमरी ा, कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;]
कानृुर ृंचाट (संदभा सं्या 33 of 2008) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय
सरकार को सॉफ्ट कॉृी के साथ 05.04.2022 को प्राप्त हुआ था l
[सं. एल-12012/2/2008- आईआर-(डीयू)]
डी. के. जहमांिु, अवर सजचव
New Delhi, the 5th May, 2022
S.O. 468.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 33 of 2008) of the Central Government Industrial Tribunal cum
Labour Court – Kanpur, as shown in the Annexure, in the Industrial dispute between the employers in relation to The
Secretary,Central Board of Secondary Education, 2-Samudaik Centre, Preet Vihar Delhi ; M/s Manpower Services &
Security,15, Lohia Marg, Allahabad ; Mr. Frank R. Manessee,188/2, Sulem Sarai, Allahabad ;The Joint Secretary,
Central Board of Secondary Education, Regional Office, 35-BMG Marg, Civil Lines, Allahabad., and Shri Raj Kumar
Misra,worker which was received along with soft copy of the award by the Central Government on 05.04.2022.
[No. L- 12012/2/2008- IR (DU)]
D.K.HIMANSHU, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT KANPUR
PRESENT : SOMA SHEKHAR JENA, HJS (Retd.)
I.D. No. 33/2008
Ref. No. L-12012/2/2008-IR(DU) dated 11.03.2008
BETWEEN :
Shri Raj Kumar Misra S/o Shri K.K. Misra
R/o 474/26/10, Shiv Kuti
Allahabad
AND
1.
The Secretary
Central Board of Secondary Education
2-Samudaik Centre, Preet Vihar
Delhi – 110092.
2.
M/s Manpower Services & Security
15, Lohia Marg, Allahabad
3.
Shri Frank R. Manessee
188/2, Sulem Sarai, Allahabad.
4.
The Joint Secretary
Central Board of Secondary Education
Regional Office, 35-BMG Marg, Civil Lines
Allahabad.
982 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
AWARD
1.
By order No. L-12012/2/2008-IR(DU) dated 11.03.2008 the Central Government in the Ministry of Labour,
New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10 of the
Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute for adjudication to this CGIT-cum-Labour
Court, Kanpur.
2.
The reference under adjudication is:
“WHETHER THE CONTRACT BETWEEN THE MANAGEMENT OF CENTRAL BOARD OF SECONDARY
EDUCATION AND THEIR CONTRACTOR M/S MANPOWER SERVICES AND SECURITY, WITH
REGARD TO ENGAGEMENT OF SHRI RAJ KUMAR MISHRA IS SHAM AND ONLY SMOKE SCREEN?
IF YES, THEN WHETHER THE ACTION OF THE PRINCIPAL EMPLOYER, AND IF NOT, THEN
WHETHER THE ACTION OF THE CONTRACTOR, IN TERMINATING THE SERVICES OF THE SAID
WORKMAN W.E.F. 30.12.99 IS LEGAL AND JUSTIFIED? IF NOT, TO WHAT RELIEF THE WORKMAN
IS ENTITLED TO?”
3.
The case of the workman, Raj Kumar Mishra, in brief, is that he was engaged by the management on
01.04.1996 as Junior Assistant at initial pay of Rs. 2500/- per month, which was enhanced from time to time and was
getting @ Rs. 3000/- per month at the time of his oral termination w.e.f. 30.12.1999. The workman has submitted
that the M/s Manpower Security Services never supplied man power to the Principal Employer i.e. CBSE Board;
rather the M/s Manpower Security Services did not participate in the conciliation proceedings and the name of
M/s Manpower Security Services has been brought to the array of opposite parties just to defeat the claim of the
workman. The workman has submitted that he worked continuously since his engagement for more than 240 days;
however, his services have been terminated on 30.12.1999 without any notice/notice pay, charge sheet/enquiry or any
retrenchment compensation or assigning any reason in violation to the provisions contained in Sections 25 F of the
Industrial Disputes Act; and accordingly, he has prayed that his termination be declared illegal and he be reinstated
with consequential benefits including full back wages.
4.
The management of CBSE Board has filed its written statement denying the claim of the workman. The
management has pleaded that the opposite party is not an industry as defined under Section 2(j) of the I.D. Act. The
management has referred to the pronouncement of Hon‘ble Supreme Court in AIR 1963, SC 1873. The management
has submitted that the appointments are being made in accordance with the appointment rules; however, in exigencies
of work, a contract agreement of work for a specified period was entered into with M/s Man Power Services &
Security, Allabahad for completion of certain work and the said contract came to an end on completion of contract
period. The management has stated that the persons engaged by the contractor for completing work assigned to it,
though working in the office of the Board, were supervised, controlled and paid their wages by the contractor. It is
submitted by the management that the services of the workman had never been terminated by it at any point of time;
rather the services of the workman who was an employee of the contractor had come to an end with the completion of
the contract period, therefore, the alleged termination of the workman does not attract violation of any of the
provisions of Industrial Disputes Act, 1947 at the part of the Board. Accordingly, the management of the Board has
prayed that the claim of the workman be rejected being devoid of any merit.
5.
The workman has filed his rejoinder wherein apart from reiterating the averments already made in the
statement of claim it has submitted that the management has inducted name of the contractor just to deprive the
workman of his legitimate rights; whereas he worked with the opposite parties under their direct control and was
being paid salary by the opposite party itself. It has also been submitted by the workman that the so called contractor
did not have any license to supply labourers in capacity of Office Assistant cadre; however, the contractor may supply
labourers for security only.
6.
The parties filed documentary as well as oral evidence in support of their rival pleadings. The workman
examined himself whereas the management examined Shri Vijay Singh, Section Officer (Legal) in support of their
case. The parties availed opportunity to cross-examine witness of each other apart from submitting oral as well as
written submissions.
7.
Heard learned counsel of the parties at length and perused entire evidence available on record.
8.
The learned counsel of the workman has argued that the workman had been engaged by the management on
01.04.1996 as Junior Assistant and he worked accordingly upto 30.12.1999 when his services had been terminated
orally without assigning any rhyme or reason or serving any notice or notice party, in violation to the provisions
contained in Section 25 F of the Act. It has also been contended by the learned counsel that the contractor viz.
M/s Manpower Security Services never supplied man power to the Principal Employer i.e. CBSE Board; moreover,
M/s Manpower Security Services did not participate in the conciliation proceedings and the name of M/s Manpower
Security Services has been brought to the array of opposite parties just to deprive the workman of his legitimate
rights. The authorized representative of the workman has also contended that the so called contractor did not have
any license for labour supply as well and the contract/agreement, relied upon by the management is not in respect of
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
983
Junior Assistant; hence, the same is sham and bogus. He has vehemently contended that the agreement is not specific
and does not match with the period of engagement of the workman, therefore, the same is not applicable in respect of
the workman. He has relied upon:
(i)
Bhuvnesh Kumar Dwivedi vs Hindalco Industries Ltd. 2014 STPL (Web) 337 SC
(ii)
Hon’ble Supreme Court in Secretary, H.S.E.B. vs Suresh & Ors Etc. decided on 30.03.1999.
(iii)
Bhilwara Dugdh Utpadak Sahakari S. Ltd. vs. Vinod Kumar Sharma AIR (SCW)-2011-0-5288
(iv)
Hon’ble Supreme Court in G.B. Pant University of Agriculture & Technology, Pantnagar vs. State
of Uttar Pradesh & ors. decided on 10.08.2000.
(v)
Hon’ble Supreme Court in Bharat Heavy Electrical Ltd vs State of U.P. and ors. decided on
21.07.2003.
(vi)
Bank of Baroda vs Ghemarbhai Harjibhai Rabari AIR (SCW)-2005-0-1817.
9.
In rebuttal, the learned counsel of the management has argued that the opposite party is not an industry as
defined under Section 2(j) of the I.D. Act. The learned counsel has also submitted that the appointments in the
opposite party establishment are being made in accordance with the appointment rules and the workman had never
been appointed in consonance with the recruitment rules. The learned counsel has submitted that in exigencies of
work, a contract agreement of work for a specified period was entered into with M/s Man Power Services & Security,
Allabahad for completion of certain work and the said contract came to an end on completion of contract period and
the persons engaged by the contractor for completing work assigned to it, though working in the office of the Board,
were supervised, controlled and paid their wages by the contractor and their engagement automatically came to an end
with the end of contract entered between the management of the Board and the contractor viz. M/s Man Power
Services & Security, Allahabad. The authorized representative of the management has vehemently argued that the
management of the Board never terminated the services of the workman at any point of time; rather the services of the
workman who was an employee of the contractor had come to an end with the completion of the contract period,
therefore, the alleged termination of the workman does not attract violation of any of the provisions of Industrial
Disputes Act, 1947 at the part of the Board.
10.
I have given my thoughtful consideration to the rival contention of parties and scanned entire evidence
available on record in light thereto.
11.
The management has raised preliminary objection regarding maintainability of the case with submissions
that the CBSE Board is discharging sovereign function and accordingly it is not an ‗industry‘ within the purview of
the Section 2 (j) of the Act. Hon‘ble Apex Court in AIR 1978 Supreme Court 548 Bangalore Water Supply and
Sewerage Board vs. A. Rajappa and others case; wherein it has been observed that
“absence of profit motive on gainful objective is irrelevant, be the venture in the public, joint, private or
other sector.”
Hon‘ble Apex Court has further observed that
“Where (i) systematic activity (ii) organized by co-operation between employer and employee (the direct
and substantial element is commercial (iii) for the production and/or distribution of goods and services
calculated to satisfy human wants and wishes (not spiritual or religions but inclusive of material things or
services geared to celestial bliss i.e. making on a large scale Prasad or food) prima facie, there is an
industry in that enterprise.”
It is well known that the Education Boards across the country do the work of imparting education and they
act as regulatory bodies to hold examination; and it charges the fee for the same. The opposite party was not
discharging sovereign function at all; rather it is at par with other educational institutions and private universities.
Also, it has indicated that the nature of work carried out by the CBSE Board well qualifies the triple test, formulated
by Hon‘ble Apex Court in Bangalore Water Supply case. Thus, the in view of facts and circumstances of the case and
above legal propositions, I am of considered opinion that CBSE Board, is an industry within the definition of
‗industry‘ as provided u/s 2 (j) of the Act.
12.
The management of the CBSE Board has also pleaded that the workman had been engaged through a
contractor viz. M/s Man Power Services & Security, Allahabad and the payment was used to be made to the
contractor who paid to the workman. However, the workman has pleaded that he has been paid by the management
and the services for which agreement was entered into was not for office work rather it was for security purposes.
The management has filed photocopy of agreement dated 01.01.1999 entered with the contractor in support of its
contentions, Annexure – 2 to the written statement. A close scrutiny of the agreement dated 01.01.1999 reveals that
the said agreement has been entered into between the CBSE Board and the contractor viz. M/s Man Power Services &
Security, Allahabad for supply of specific services for specific period of time. The relevant para of the agreement
dated 01.01.1999 is reproduced hereunder:
984 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
“Man Power Services & Security shall provide the number of security personnel as desired and required by
the Board from time to time. Any reduction (with sufficient notice) and replacement in the staff provided by
Man Power Services & Security can be done by the Board.
……………………….
18.
The validity of this contract will be for a period of one year from Ist January, 1999 or date of
commencement of work whichever is earlier to 31st December, 1999. The Agreement can be terminated at
any time on giving a written notice of one month from either side PROVIDED THAT THE BOARD shall
have the option to renew or continue this agreement on the same terms and conditions for a further period of
one year, at a time from the date of expiry thereof.
…………………..
22.
…………….
The charges to be paid for security personnel for 8 hours shift duty per month be as under:-
(a) Supervisor
(1)
Rs. 2774.00
(b) Security Guards
Rs. 2058.53 each
(c) Sweeper
Rs. 2058.53
(d) Mali
Rs. 2058.53
(e) Electrician
Rs. 2774.00”
Thus, going through the above quoted portion of the agreement dated 01.01.1999, it is crystal clear that the
agreement in question was for specific period i.e. from 01.01.1999 to 31.12.1999; whereas the alleged engagement of
the workman was for their period 01.04.1996 to 30.12.1999. Likewise, the it is pleaded by the workman that he was
engaged in clerical nature of work and working as Junior Assistant; but there is no such mention in the agreement
under question. The management witness, Shri Vijay Singh during his cross-examination stated that ―they did not
obtain any license being principal employer‖. The management has filed photocopy of attendance sheet for the month
of May and June, 1998 which finds reference of workman at serial number 02, which indicates engagement of the
workman with the opposite party Board. Also, there is no agreement on record for the period the attendance sheet has
been filed by the management
13.
Also, the workman has contended that the contractor did not had any license to supply labourers to the
principal employer. There is no iota of evidence in this regard that either the Board had registration as principal
employer or the contractor had any license to supply labourers to the principal employer. However, from pleadings
and evidence relied upon by the parties, it is established that the workman was engaged through the contractor to
carry out the work perennial in nature and that contract too was for limited period i.e. from 01.01.1999 to 31.12.1999
only; and in absence of any registration of the Board as principal employer or the contractor viz. M/s Man Power
Services & Security, Allahabad had license for labour supply, making the so called contract between the Board and
the so called contractor mere camouflage.
14.
It may be correct that the Contract Labour (Regulation & Abolition) Act, 1970 was violated by the opposite
party/CBSE. It may also be correct to assert that record preservation guidelines have not been duly followed by the
CBSE authority before destruction of the records pertaining to the engagement of claimant, Raj Kumar Misra in the
establishment of the opposite party/CBSE; but it cannot be concluded that for above stated lapses Raj Kumar Misra
shall be accepted as employee of the CBSE as such conclusion will amount to back door entry into one Government
Institution, which is also governed by Recruitment Rules a found from the record. Needless to say back door entry
with regard to employment has been negated by the Judgement of the Hon‘ble Supreme Court in the case of 2006 (4)
SCC 1 Secretary, State of Karnataka & others vs Uma Devi.
15.
It is sent that Shri Raj Kumar Misra, claimant had worked under CBSE from 01.04.1996 to 30.12.1999 under
such scenario, in view of the case laws, 2021 LLR 1035 (SC) Ram Manohar Lohia Joint Hospital & ors. vs. Munna
Prasad Saini & another; and 2018 LLR 12 85 (SC) Management of Hindustan Machine Tools Limited vs. Ghanshyam
Sharma, the claimant, Raj Kumar Misra is entitled to get compensation instead of reinstatement, regularization with
back wages.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
985
16.
The disengagement occurred about twenty years back and at this distant point of time adequacy of
compensation cannot be computed with mathematical exactitude. The compensation can be reasonably quantified by
guess work.
17.
Having regards to these facts that the workman has worked as casual worker for 03 years and 09 months i.e.
from 01.04.1996 to 30.12.1999 and he was getting Rs. 4000/- per month at the time of his alleged termination and
keeping in view the entire facts of the case and the law, the interest of justice would be subserved, if, management of
the C.B.S.E. is directed to pay lump sum amount of compensation only.
18.
Accordingly, the management of the C.B.S.E. is directed to pay a sum of Rs. 1,00,000/- (Rupees One Lakh
only) to the workman as compensation for termination of his services in violation of section 25 F of the I.D. Act. The
said amount shall be paid to the workman within 08 weeks of publication of the award, failing which; the same shall
carry simple interest @ 6% per annum.
19.
The reference under adjudication is answered accordingly.
20.
Award as above.
KANPUR.
27th April, 2022
SOMA SHEKHAR JENA, Presiding Officer
ubZ fnYyh] 11 ebZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
Hkkjrh; LVsV cSad izca/k rarz 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 औरंगाबाद ds iapkV ¼lanHkZ la[;k 151@2017½ dks izdkf’kr djrh gSA
[la- ,y-12025@01@2022-vkbZvkj ¼ch-1½-06]
Mh- xqgk] voj lfpo
New Delhi, the 11th May, 2022
S.O. 469.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 151/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Aurangabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12025/01/2022– IR(B-1)-06]
D.GUHA, Under Secy.
ANNEXURE
IN THE COURT OF JUDGE, 1st LABOUR COURT, AURANGABAD
(Presided Over by SMT. M.Y. AMRUTKAR)
Ref-IDA/151/2017
(MHLC200014972016)
Santosh S/o. Karam singh Bidla
Age: 39 Years, Occ: Nil,
R/o.Samarth Nagar
Tq Kannad
Dist Aurangabad
…Second Party
VERSUS
1. The Branch Manager,
State Bank of India,
Branch Kannad
Tq. Kannad
Dist Aurangabad
…First Party
986 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
2. The Assistant General Manager,
State Bank of India,
Region 1 Town Center,
Aurangabad
Advocates: Shri. Ruturaj Patil for First Party
Shri. M.R. Singh for Second Party
Claim :- Reference under Section 2A (2) of the I.D. Act,1947.
AWARD
(Delivered on 11/10/2021)
1.
The second party filed present Reference under Section 2A (2) of the Industrial Disputes Act, 1947 for
reinstatement in service with continuity and full back-wages w.e.f. 15/02/2017.
2.
The brief facts of the case as under:
The second party worked as a Sweeper on temporary basis from 01/08/2006 to 31/03/2017 for 10 years in
place of his Father. His duty hours were 07.00 a.m. to 01.30 p.m. His last drawn salary was Rs. 1030/- p.m. The
second party submitted that he worked for 240 days in each calendar year. However, he was illegally terminated on
31/03/2017. The first party never issued any charge sheet or warning letter to second party. The first party neither
complied the provisions under section 25-H nor under Section 25-G of the Industrial Disputes Act, 1947 while
termination of services of second party. The first party has not paid wages and over time wages to second party. The
second party is entitled to get 1/3 of his monthly salary applicable to his nature of work, but first party never paid.
After illegal termination, the second party was not gainfully employed. The termination is illegal without complying
required provisions of law, therefore, second party approached to Central Labour Conciliation Officer, Pune and Delhi
for intervention but no any responses or process were taken by both department. Therefore, second party approached
to the Labour Court under section 2A (2) of the Industrial Disputes Act, 1947 for adjudication. The second party lastly
prayed that he may kindly be reinstated in service with full back wages w.e.f. 15.02.2017.
3.
The first party filed its Written Statement at Exh.C-3. The first party submitted that first party employed
second party for Sundry work such as cleaning the branch on temporary basis for 1 to 2 hours i.e. 08.00 a.m. to 10.00
a.m. The second party has not worked for 240 days in any calendar year in 12 calendar month preceding the date of
his voluntary cessation of work. The employment by the Bank is public appointment and recruitment is done as per
well laid down Rules, Policies, and Procedures. Therefore, second party is not entitled for any relief. The first party
denied entire facts of second party in toto. The first party lastly prayed that answered the Reference in negative.
4.
After considering the contentions of both parties, my learned Predecessor framed issues vide Ex.O:3. They
are reproduced as under along with my findings thereon for the reasons given below.
Sr.No.
Issues
Findings
1
Whether second party proves that he is ‗workman‘ as defined under section 2 (s) of
the Industrial Disputes Act, 1947 ?
Yes
2
Whether second party proves that, termination order dated 15.02.2017 is illegal and
liable to be set aside ?
Partly affirmative
3
Whether second party is entitled for reinstatement in service with continuity along
with back wages ?
No
4
What Award ?
Reference is answered
partly affirmative
Reasons
5.
The first party filed evidence affidavit vide Ex.U-8 and reiterated the same facts as alleged in statement of
claim. He closed his evidence by filing evidence closing Pursis vide Ex.U-12. The first party filed evidence affidavit
of witness Yakshvadhan Vijaykant Ingle in lieu of examination-in-chief and closed his evidence vide Ex.C-7.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
987
As to issue no. 01:
6.
The first party pleaded that the second party was not come under the definition of workman within the
meaning of section 2 (s ) of the Industrial Disputes Act, 1947. The first party further pleaded that second party was
working with them on temporary workman from 01/08/2006 to 31/03/2017.
7.
As per Industrial Employment (Standing Orders) Act 1946, the workman shall classified as (a) Permanent
workman (b) Probationer (c) Badlies or substitutes (d) Temporary workman (e) Casual workman (f ) Apprentices.
Therefore, I have no hesitation to come to the conclusion that the second party was come under the definition within
the meaning of section 2 (s ) of the Industrial Disputes Act, 1947. Therefore, I answer Issue no. 01 in affirmative.
As to issues No. 02 & 03.
8.
During the cross examination witness of the first party admitted that the second party work with first party as
Safai kamgar from 1-8-2006 to 31-07-2017 on temporary basis for 1 hour. It means temporary employment of second
party is not disputed. The length of service of second is also not disputed. The first party witness admitted that the
second party was working with them on consolidated wages. It is also admitted fact that that the second party made
correspondence to head office by letter dated 9th January 2009, 14th January 2009, 20 August 2009 and
29th September 2009 for appointment on 1/3rd scale wages. The witnes of the first party also admitted that the letter
dated 19th November 2012 sent by second party to first party for regularized him in service as a permanent employee.
It is crystal clear that the second party worked with first party for more than 240 days in calendar year before the date
of termination i.e. 31/03/2017 on temporary basis . However, it is admitted by second party that he has neither
received any interview letter from first party nor interview taken by first party. He has not issued any appointment
letter by first party.
9.
I have considered the submissions made on behalf of both the sides and carefully perused the record. Before
adverting to discuss the rival contentions and the law laid down on the issue, it would be apposite to reproduce Section
25-F of I.D.Act, which reads thus:
"25-F. Conditions precedent to retrenchment of workmen- No workman employed in any industry who has
been in continuous service for not lessthan one year under an employer shall be retrenched by that employer until-
(a)
the workman has been given one month's notice in writing indicating the reasons for retrenchment
and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for
the period of the notice;
(b)
the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to
fifteen days' average pay for every completed year of continuous service or any part thereof in
excess of six months; and
(c)
notice in the prescribed manner is served on the appropriate Government or such authority as may
be specified by the appropriate Government by notification in the Official Gazette."
The term 'retrenchment' is defined under Section 2 (oo) of the I.D.Act, which reads thus :
"2(oo) "retrenchment" means the termination by the employer of the service of a workman for any reason
whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include -
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment
between the employer and the workman concerned contains a stipulation in that behalf; or (bb)
termination of the service of the workman as a result of the non renewal of the contract of employment
between the employer and the workman concerned on its expiry or of such contract being terminated
under a stipulation in that behalf contained therein; or
(c) termination of the service of a workman on the ground of continued ill-health;"
10.
It is not disputed that the second party was engaged as a daily wager and his appointment was not against
any vacant post. It is thus clear that such a termination fits in the definition of retrenchment in terms of section 2(00)
of the Industrial Disputes Act and retrenchment was ordered without complying with conditions in terms of section
25-F of the Industrial Disputes Act, 1947 sub clause (a) and (b). The second party neither issued one month advance
notice nor paid one month salary in lieu thereof. It is pertinent to note that no amount was paid to the second party as
a compensation. Now question before this Court is whether his termination in absence of compliance of the mandatory
conditions (a), and (b) of Section 25-F of the I.D.Act is illegal warranting his reinstatement ? Considering the recent
judicial pronouncement of Hon‘ble Apex Court the answered to this question would be clear ―No‘. The Hon‘ble Apex
Court in catena of decisions have clearly laid down that although, an order of retrenchment passed in violation of
Section 25-F of the I.D. Act, may be set aside, the award of reinstatement should not be ordinarily passed especially in
the case of a daily wager, who does not hold a post as a permanent employee.
988 THE GAZETTE OF INDIA : MAY 14, 2022/VAISAKHA 24 1944
[PART II—SEC. 3(ii)]
11.
In case of Bharat Sanchar Nigam Ltd., v. Man Singh (2012) 1 SCC 558 and Assistant Engineer, Rajasthan
Development Corporation v. Gitam Singh [2013 (5) MHLJ 1].
It is held that the second party engaged as 'daily wagers' and they had merely worked for more than 240 days,
hence the relief of reinstatement cannot be said to be justified and instead monetary compensation would meet the
ends of justice.
12
It is clear that ordinarily principle of grant of reinstatement with full back wages, when termination is found
to be illegal is not applied automatically in all cases while that may be a position where service of regular permanent
workman are terminated illegally and by way of victimization unfair labour practice etc. However, when it comes to
the case of termination of a daily wage worker and the termination is found illegal because of procedural defect,
namely in violation of Section 25-F of the Industrial Disputes Act, this Court is consistent in taking the view in such
cases reinstatement with back wages is not automatic and instead the workman should be given monetary
compensation which will meet the ends of justice. Reasons for denying the relief of reinstatement in such cases are
obvious. It is trite law that when the termination is found to be illegal because of non-payment of retrenchment
compensation and notice pay as mandatory requirement under Section 25-F of the Industrial Disputes Act, even after
reinstatement, it is always open to the management to terminate the services of that employee by paying him the
retrenchment compensation. Since such a workman was working on daily wage basis and even after he is reinstated,
he has no right to seek regularization as held in case, State of Karnataka vs. Uma Devi (2006) 4 SCC 1 . Thus when he
cannot claim regularization and he has no right to continue even as a daily wage worker, no useful purpose is going to
be served in reinstating such a workman and he can be given monetary compensation by the Court itself in as much as
if he is terminated again after reinstatement, he would receive monetary compensation only in the form of
retrenchment compensation and notice pay. In such a situation, giving the relief of reinstatement, that too after a long
gap, would not serve any purpose.
13.
Now, with regard to quantum of compensation the second party was engaged as a daily wager from
01/08/2006 to 31/03/2017. He worked for 10 years with first party. The second party pleaded and deposed that he is
not gainfully employed during pending of proceeding, hence, first party is liable to pay Rs. 1,00,000/- (Rupees One
Lac only) to the second party as a retrenchment compensation would meet the ends of justice. Hence, I answered
issue no. 2 in partly affirmative, issue no. 03 in negative and to answer issue no. 4 proceed to pass following Award.
AWARD
1)
The Reference is answered partly affirmative.
2)
The second party is entitled to get Rs. 1,00,000/- lump-sum from first party towards retrenchment
compensation within period of two month from today failing which same shall carry interest @ 9% p.a.
from the date of Judgment.
3)
No order as to costs.
4)
The copy of the Award be sent to the Appropriate Government for its publication.
M.Y.AMRUTKAR, Presiding Officer & Judge
ubZ fnYyh] 13 ebZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj
एस.ई.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ"V vkS|ksfxd fookn esa dsUnzh; ljdkj
vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;] tcyiqj ds iapkV ¼lanHkZ la[;k 124@2012½ dks izdkf’kr djrh gS] tks dsUnzh; ljdkj dks
06-05-2022 dks izkIr gqvk FkkA
[la- ,y-22012@141@2012-vkbZvkj-¼lh,e-2½]
jktsUnz flag] voj lfpo
New Delhi, the 13th May, 2022
S.O. 470.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 124/2012) of the Central Government Industrial Tribunal-cum-
Labour Court, JABALPUR as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.
and their workmen, received by the Central Government on 06.05.2022.
[No. L-22012/141/2012–IR (CM-II)]
RAJENDER SINGH, Under Secy.
[भाग II—खण् ड3(ii)]
भारत का राजृत्र : मई 14, 2022/वैिाख 24, 1944
989
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
JABALPUR
NO. CGIT/LC/R/124/2012
Present: P.K. Srivastava, H.J.S..( Retd)
The Secretary,
Koyla Shramik Sangh (CITU)
Branch-Bangwar Project,
P.O.-Bemhouri,
District Shahdol (M.P.)
…Workman
Versus
The General manager
Sohagpur Area of SECL
PO-Dhanpuri,District Shahdol
M.P.
The Sub-Area manager
Amlai Bnagwar-Damini sub Area
PO Bemhouri, District Shahdol(M.P.)
…Management
AWARD
(Passed on 4-4-2022)
As per letter dated 6/11/2012 by the Government of India, Ministry of Labour, New Delhi, the reference is
received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification
No.
L-22012/141/2012-IR(CM-II). The dispute under reference relates to:
―Whether the action of the General manager, Sohagpur Area of SECL in not promoting Shri Rakesh
Tiwari to Electrician CAT-IV is legal and justified? To what relief the claimant is entitled for, and from
which date? .‖
1.
After registering the case on the basis of reference, notices were sent to the parties. Both the parties have
filed their respective statement of claim/defense.
2.
During the proceedings, the parties filed the settlement reached at between the parties and requested the
reference to be decided in terms of the settlement. The settlement is on record, hence the dispute does not survive
now in the light of this settlement. .
3.
The reference is decided accordingly.
4.
Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per
rules.
P. K. SRIVASTAVA, Presiding Officer
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR
Digitally signed by ALOK KUMAR
Date: 2022.05.19 16:47:31 +05'30'