3155 GI/2022

(991)

रजिस्ट्री सं. डी.एल. (एन) 04/0007/2003—05

REGD. NO. D. L. (N) 04/0007/2003—05

xxxGIDHxxx

xxxGIDExxx

प्राजिकार से प्रकाजित

PUBLISHED BY AUTHORITY

साप् ताजिक

WEEKLY

सं. 20]

नई दिल् ली, मई 15— मई 21, 2022, िजनवार/ वैिाख 25— वैिाख 31, 1944

No. 20]

NEW DELHI, MAY 15—MAY 21, 2022, SATURDAY/ VAISAKHA 25–VAISAKHA 31, 1944

इस भाग में जभन् न ृष्‍ सं्‍ ा िी िाती िै जिससे दक ि ृष क संकलन के प ृ में रखा िा सके

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

भाग II—खण् ड 3—उृ-खण् ड (ii)

PART II—Section 3—Sub-section (ii)

भारत सरकार के मंत्राल ों (रक्षा मंत्राल को छोड़कर) द्वारा िारी दकए गए सांजवजिक आिेि और अजिसूचनाएं

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

(Other than the Ministry of Defence)

को ला मंत्राल

नई दिल् ली, 17 मई, 2022

का.आ. 471.—को ला खान भजव्‍ जनजि और प्रकीर्ण उृबंि अजिजन म, 1948 (1948 का 46)की िारा 9 की

उृिारा (2) के अनुसरर् में, केंद्र सरकार एतद्द्वारा श्री जवि कुमार जमश्रा, सीृीईएस (1991), को ला खान भजव्‍

जनजि आ ुक्त, रांची को दिनांक 02.05.2022 (अृराह्न) से दिनांक 31.05.2025 तक उक्त िारा के प्र ोिना ण

प्राजिकारी जवजनर्िणष्ट करती िै।

[ फा. सं. 20/1/2022-स्ट् ा.-I]

संिीब भट्टाचा ण, अवर सजचव

सी.जी.-डी.एल.-सा.-21052022-235940

CG-DL-W-21052022-235940

992

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

MINISTRY OF COAL

New Delhi, the 17th May, 2022

S.O. 471.—In pursuance of sub section (2) of section 9 of the Coal Mines Provident Fund and

Miscellaneous Provisions Act, 1948 (46 of 1948), the Central Government hereby specifies Shri Vijay Kumar Mishra,

CPES (1991), the Coal Mines Provident Fund Commissioner, Ranchi as the authority with effect from 02.05.2022

(FN) till 31.05.2025 for the purposes of the said section.

[F. No. 20/1/2022-Estt-I]

SANJIB BHATTACHARYA, Under Secy.

नई दिल्ली, 17 मई, 2022

का.आ. 472.—को ला खान भजव्‍ जनजि और प्रकीर्ण उृबंि अजिजन म, 1948 (1948 का 46) की िारा 3ग

की उृिारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, केंद्र सरकार एतद्द्वारा श्री जवि कुमार जमश्रा, सीृीईएस

(1991) को दिनांक 02.05.2022 (अृराह्न) से दिनांक 31.05.2025 तक अ वा अगले आिेिों तक, इनमें से िो भी

ृिले िो, के जलए को ला खान भजव्‍ जनजि संग न में, को ला खान भजव्‍ जनजि आ ुक्त जन ुक्त करती िै।

[फा. सं. 20/1/2022-स्ट् ा.-ii ]

संिीब भट्टाचा ण, अवर सजचव

New Delhi, the 17th May, 2022

S.O. 472.—In exercise of the powers conferred by sub section (1) of section 3C of the Coal Mines Provident

Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), the Central Government hereby appoints Shri Vijay

Kumar Mishra, CPES (1991), as the Coal Mines Provident Fund Commissioner in the Coal Mines Provident Fund

Organisation with effect from 02.05.2022 (FN) till 31.05.2025 or until further orders, whichever is earlier.

[F. No. 20/1/2022-Estt-ii]

SANJIB BHATTACHARYA, Under Secy.

नागर जवमानन मंत्राल

नई दिल्ली, 25 अप्रैल, 2022

का.आ. 473.—केन्द्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग), जन म, 1976 के

जन म-10 के उृ-जन म (4) के अनुसरर् में, नागर जवमानन मंत्राल के अंतगणत, भारती जवमानृत् तन

प्राजिकरर् के अिीन जवमानृत् तन जवमानृत् तन जनिेिक का का ाणल , भारती जवमानृत् तन प्राजिकरर् के

जनम् नजलजखत का ाणल ों, जिनमें 80 प्रजतित कार्मणकों ने हिंिी का का णसािक ज्ञान प्राप्त कर जल ा िै,

को एतद्द्वारा अजि सूजच त करती िै।

1. जवमानृत् तन जनिेिक का का ाणल , भारती जवमानृत् तन प्राजिकरर्, जडब्रूगढ़ िवाई अड्डा, जडब्रूगढ़,

असम - 786012

2. जवमानृत् तन जनिेिक का का ाणल , भारती जवमानृत् तन प्राजिकरर्, जबिु ृटना क अंतररा्‍ री

िवाई अड्डा, भुवनेश् वर, ओजडिा-751020

[फा. सं. ई-11014/9/2015-रा.भा.]

ृी ूष श्रीवास्ट् ताव, वरर्‍ आर् णक सलािकार एवं अृर सजचव

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

993

MINISTRY OF CIVIL AVIATION

New Delhi, the 25th April, 2022

S.O. 473.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Languages (Use for the Official Purposes

of the Union) Rules, 1976, the Central Government, hereby notifies the following Offices of the Airports Authority of

India, under Ministry of Civil Aviation , whereof 80% staff have acquired the working knowledge of Hindi.

The Airport Director, Airports Authority of India, Dibrugarh Airport, Dibrugarh, Assam- 786012

The Airport Director, Airports Authority of India, Biju Patnaik Internatinoal Airport, Bhubneshwar,

Orissa- 751020

[F. No. E-11014/9/2015-OL]

PIYUSH SRIVASTAVA, Senior Economic Advisor & Add. Secy.

श्रम और रोिगार मंत्राल

ubZ fnYyh] 17 ebZ] 2022

—केन्द्री सरकार, कमणचारी राज् बीमा अजिजन म, 1948 (1948 का 34) की िारा 91क के

सा ृर त िारा 88 द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, राष्ट्री केजमकल्स एंड फटीलाइज़सण जलजमटेड

( ल ूजनट) के कारखानों और स्ट् ाृनाओं के जन जमत कमणचारर ों को उक्त अजिजन म के प्रचालन से छूट प्रिान करती िै।

ि छूट रािृत्र में इस vf/klwpuk के प्रकाजित gksus dh rkjh[k ls ,d o"kZ dh vof/k ds fy, प्रभावी jgsxhA

2. उक्त छूट जनम्नजलजखत ितों के अिीन िै; अ ाणत्:-

(1) कारखाना और स्ट् ाृना छूट प्राप्त कमणचारर ों के नाम और ृिनाम जवजनर्िणष्ट करते

हुए, कमणचारर ों का एक रजिस्ट्टर रखेगी;

(2) कमणचारी उक्त अजिजन म के अिीन ऐसे फा िे प्राप्त करते रिेंगे जिनको ृाने के जलए वे इस

अजिसूचना द्वारा िी गई छूट प्रिान करने की तारीख से ृूवण संित्त अंििानों के आिार ृर

िकिार िो िाते िैं;

(3) छूट प्राप्त अवजि के जलए, दि कोई अजभिा ृिले िी दकए िा चुके िों, तो वे वाृस निीं

दकए िाएंगे;

(4) उक्त कारखाने और स्ट् ाृना का जन ोिक उस अवजि की बाबत जिसके िौरान उस कारखाने

ृर उक्त अजिजन म (जिसे इसमें इसके ृश्चात उक्त अवजि किा ग ा िै) प्रचालन के अध् िीन

ा ऐसी जववरजर् ां, ऐसे प्रप ृ में और ऐसी जवजिजष्ट ों से ुक्त िोगी िो कमणचारी राज्

बीमा (सािारर्) जवजन म, 1950 के अिीन उसे उक्त अवजि की बाबत िेनी अृेजक्षत िोती

ीं;

(5) उक्त अजिजन म की िारा 45 की उृ िारा (1) के अिीन जनगम द्वारा जन ुक्त दक ा ग ा कोई

सामाजिक सुरक्षा अजिकारी ा इस प्र ोिन के जलए जनगम का इस जनजमत्त प्राजिकषत कोई अन्

ृििारी-

i. उक्त अजिजन म की िारा 44 की उृ िारा (1) के अिीन, उक्त अवजि के जलए प्रस्ट्तुत दकसी

जववरर् में अंतर्वणष्ट जवजिष्ट ों को सत् ाजृत करने; ा

994

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

ii. ि अजभजनश्च न के जलए दक कमणचारी राज् बीमा (सािारर्) जवजन म, 1950 द्वारा

ाअृेजक्षत रजिस्ट्टर और अजभलेख उक्त अवजि के जलए रखे ग े े ा निीं; ा

iii. ि अजभजनश्च न के जलए दक कमणचारी, जन ोिक द्वारा दि े गए उन फा िों को, जिसके

फलस्ट्वप ृ इस अजिसूचना के अिीन छूट िी िा रिी िै, नकि में और वस्ट्तु प ृ में ृाने का

िकिार िै ा निीं; ा

iv. ि अजभजनश्च न के जलए दक उस अवजि के िौरान, िब उक्त कारखाने और स्ट् ाृना के संबंि

में अजिजन म के उृबंि प्रवषत्त े, ऐसे दकन्िीं उृबंिों का अनुृालन दक ा ग ा ा ा

निीं, जनम्नजलजखत का ण करने के जलए सिक्त िोगा-

(क) प्रिान ा अव्यवजित जन ोिक से अृेक्षा करना दक वि उसे ऐसी िानकारी िे जिसे इस

अजिजन म के प्र ोिन के जलए आवश् क समझता िै ; ा

(ख) ऐसे प्रिान ा अव्यवजित जन ोिक के अजिभोगािीन, दकसी कारखाने, स्ट् ाृना, का ाणल ा

अन् ृररसर में दकसी भी उजचत सम ृर प्रवेि करना और उसके प्रभारी से ि अृेक्षा करना

दक वि कार्मणक के जन ोिन और मििूरी के संिा से संबंजित ऐसे लेखा, बजि ां और अन्

िस्ट्तावेि, ऐसे जनरीक्षक ा अन् ृििारी के समक्ष प्रस्ट्तुत करें और उनकी ृरीक्षा करने िें ा

ऐसी िानकारी िें जिसे वे आवश् क समझते िैं; ा

(ग) प्रिान ा अव्यवजित जन ोिक की, उसके अजभकताण ा सेवक की, ा ऐसे दकसी व्यजक्त को, िो

ऐसे कारखाने, स्ट् ाृना, का ाणल ा अन् ृररसर में ृा ा िाए, ि जवश्वास करने का

ुजक्त ुक्त कारर् िै दक वि कमणचारी िै, ृरीक्षा करना; ा

(घ) ऐसे कारखाने, स्ट् ाृना, का ाणल ा अन् ृररसर में रखे गए दकसी रजिस्ट्टर, लेखा, बिी ा

अन् िस्ट्तावेि की नकल तै ार करना ा उद्धरर् लेना;

(ङ) अन् िजक्त ों का प्र ोग करना िैसा जवजनर्िणष्ट दक ा िाए।

(6)

जवजनवेि ा जनगमीकरर् के मामले में, प्रिान की गई छूट स्ट्वत: रद्द िो िाएगी और तब नई इकाई को

छूट के जलए समुजचत सरकार को आवेिन करना िोगा ।

[सं. एस-38014/05/2020-एस एस-I]

मिन चौरजस ा, अवर सजचव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 17th May, 2022

S.O. 474.— In exercise of the powers conferred by section 88 read with section 91 A of the Employees’

State Insurance Act, 1948 (34 of 1948), the Central Government hereby exempts the regular employees of factories

and establishments of Rashtriya Chemicals and Fertilizers Limited (Thal unit) from the operation of the said Act.

The exemption shall be effective for a period of one year from the date of publication of this notification in the

Official Gazette.

2. The exemption is subject to the following conditions, namely:-

(1) the factories and establishments shall maintain a register of the employees specifying the names and

designations of the exempted employees;

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

995

(2) the employees shall continue to receive such benefits under the said Act to which they would have

been entitled to on the basis of the contribution paid prior to the date from which exemption granted by

this notification operates;

(3) the contribution for the exempted period, if already paid, shall not be refundable;

(4) the employer of the said factory and establishment shall submit in respect of the period during which

that factory was subject to the operation of the said Act (hereinafter referred as the said period), such

returns in such forms and containing such particulars as were due from it in respect of the said period

under the Employees’ State Insurance (General) Regulations, 1950;

(5) a Social Security Officer appointed by the Corporation under sub-section (1) of section 45 of the said

Act or other official of the Corporation authorised in this behalf by it, shall, for the purpose of —

verifying the particulars contained in any return submitted under sub-section (1) of section 44 of the

said Act for the said period; or

ii.

ascertaining whether registers and records were maintained as required by the Employees’ State

Insurance (General) Regulations, 1950 for the said period; or

iii.

ascertaining whether the employees continue to be entitled to the benefits provided by the employer

in cash and kind being benefits in consideration of which exemption is being granted under this

notification; or

iv.

ascertaining whether any of the provisions of the Act had been complied with during the period

when such provisions were in force in relation to the said factory and establishment to be

empowered to —

(a) require the principal or immediate employer to him such information as he may consider

necessary for the purpose of this Act; or

(b) at any reasonable time enter any factory, establishment, office or other premises occupied by

such principal or immediate employer at any reasonable time and require any person found in

charge thereof to produce to such inspector or other official and allow him to examine

accounts, books and other documents relating to the employment of personal and payment of

wages or to furnish to him such information as he may consider necessary; or

such factory, establishment, office or other premises or any person whom the said inspector or

other official has reasonable cause to believe to have been an employee ; or

(d) make copies of or take extracts from any register, account book or other document

maintained in such factory, establishment, office or other premises; or

(e) exercise such other powers as may be specified.

(6) in case of disinvestment or corporatisation, the exemption granted shall stand cancelled and then the

new entity may apply to the appropriate Government for exemption.

[No. S-38014/05/2020-SS-I]

MADAN CHAURASIA, Under Secy.

996

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 17 मई, 2022

का. आ. 475—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरर् में केन्द्री

सरकार एग्िीक् ूरटव डा रेक्टर-एसेट मैनेिर, मेससण ओएनिीसी जलजमटेड, मेिसाना (गुिरात); प्रोप्रीएटर, मेससण ऐ.डी.

एंटरप्राइि, मेिसाना (गुिरात) के प्रबंितंत्र के संबद्ध जन ोिकों और िनरल सेक्रेटरी, उत्तर गुिरात कामिार एसोजसएिन,

मेिसाना (गुिरात) के बीच अनुबंि में जनर्िणष्ट औद्योजगक जववाि में केन्द्री सरकार औद्योजगक अजिकरर् एवं श्रम

न् ा ाल , िबलृुर ृंचाट (संिभण सं्‍ ा (104/2018) प्रकाजित करती िै।

[सं. एल-30011/44/2018-आईआर (एम)]

डी. गुिा, अवर सजचव

New Delhi, the 17th May, 2022

S.O. 475.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. (104/2018) of the Central Government Industrial Tribunal/Labour

Court, Ahmedabad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of The Executive Director-Asset Manager, M/s ONGC Ltd., Mehsana (Gujarat); The Propriator,

M/s A.D. Enterprise, Mehsana (Gujarat) and The General Secretary, Uttar Gujarat Kamdar Association, Mehsana

(Gujarat).

[No. L-30011/44/2018-IR(M)]

D.GUHA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present : Radha Mohan Chaturvedi, Presiding Officer

Dated 12^thApril, 2022

Reference (CGITA) No. - 104/2018

The Executive Director-Asset Manager,

M/s ONGC Ltd., KDM Bhavan,

Palavasna, Mehsana (Gujarat)

The Proprietor,

M/s A.D. Enterprise,

Urmi Complex, Opp. B.K. Cinema, S.T. Workshop Road,

Mehsana (Gujarat)

…First Parties

V/s

The General Secretary,

Uttar Gujarat Kamdar Association,

9/D, 3^rd Floor, Surya Complex, Nr. Prashant Cinema,

Mehsana (Gujarat) – 384002

…Second Party

For the First Party No. 1

: Shri K.V. Gadhia

For the F.P. No. 2 and Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-30011/44/2018-IR (M) dated 29.10.2018 for adjudication

to this Tribunal.

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

997

SCHEDULE

“Whether the claim of Uttar Gujarat Kamdar Association, Mehsana vide letter dated 21.07.2017 that the

contract between ONGC Ltd., Mehsana and its contractor is sham and bogus, is proper and justified?

If yes, whether the demand of General Secretary, Uttar Gujarat Kamdar Association, Mehsana vide letter

dated 21.07.2017 to give Shri (s) Narayanbhai Shankarbhai Bhangi and 19 others (List enclosed), Contractual

Sweepers/Mali working under ONGC Ltd., Mehsana permanent status of ONGC Ltd., Mehsana with similar

wages and other benefits of ONGC Ltd., which are being paid to the permanent workmen, from the date of

their respective original joining is legal, fair and justified? If yes, then what relief the workmen,

Shri(s) Narayanbhai Shankarbhai Bhangi and 19 others entitled to and what other directions are necessary in

this matter?”

The reference was received in this Tribunal on 14.11.2018. The Ministry had directed the party raising the

dispute to file the statement of claim complete with relevant documents with the Tribunal within 15 days of receipt of

this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central) Rules, 1957. This

order of reference had been sent to all the parties as well as this Tribunal through registered post by the Ministry.

Therefore, it is inferred that the same had been delivered to all the parties including claimants.

Notice Exh. 2 issued by the Tribunal to all parties to appear and file statement of claim and written statement

thereof. A period of more than 3 years had been elapsed but none has appeared and filed the statement of claim as

directed and expected by the Ministry.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act.

RADHA MOHAN CHATURVEDI, Presiding Officer

नई दिल्ली, 17 मई, 2022

का. आ. 476.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरर् में केन्द्री

सरकार उृाध् क्ष, मैससण जप्रज्म सीमेंट जलजमटेड, सतना; जनिेिक, मैससण रजव सुरक्षा संग न प्रा.जलजमटेड, ग्वाजल र के

प्रबंितंत्र के संबद्ध जन ोिकों और श्री राम सरोि कुिवािा, मिासजचव, जिला सतना सीमेंट स्ट्टील फाउंड्री, खािन कामगार

ूजन न, सतना के बीच अनुबंि में जनर्िणष्ट औद्योजगक जववाि में केन्द्री सरकार औद्योजगक अजिकरर् एवं श्रम न् ा ाल ,

िबलृुर ृंचाट (संिभण सं्‍ ा (सीिीआईटी/एलसी/आर/14/2018) को प्रकाजित करती िै।

[सं. एल-29011/11/2017-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 17th May, 2022

S.O. 476.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. (CGIT/LC/R/14/2018) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of The Vice President HR, M/s Prism Cement Limited, Satna; The Director, M/s Ravi

Security Organizations Pvt. Ltd., Gwalior and Shri Ram Saroj Kushwaha (General Secretary), Zila Satna Cement

Steel Foundry Khadan Kaamgar Union, Satna.

[No. L-29011/11/2017-IR(M)]

D.GUHA, Under Secy.

998

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/14/2018

Present: P.K.Srivastava, H.J.S..( Retd)

Shri Ram Saroj Kushwaha

General Secretary,

Zila Satna Cement Steel Foundry Khadan Kaamgar Union

AITUC Office, Sant nagar, Ghur Dang, Ward No.11,

Post Birla Vikas, District, Satna (M.P.)

…Workman

Versus

The Vice President HR

M/s Prism Cement Limited,

Village-Manakahri, Post Bathia

District Satna (M.P.)

The Director,

M/s Ravi Security Organizations Pvt. Ltd.

126, Mayur Market, Thatipur Gwalior (M.P.)

…Management

AWARD

(Passed on 4-4-2022)

As per letter dated 3-3-2018 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-29011/11/2017-IR(M). The dispute under reference relates to:

“Kya vice President HR Prism Cement Limited Satna (M.P.) ke antargat karyarat Thekedar Messers

Ravi Security Organisation Pranali Limited ke adheen suraksha guard ke roop mein karyarat

Shri Bhupendra Bahadur Singh o 31-3-2016 ko theka samapt hone ke baad bhi naye thekeedar

Messers SIS(India) Limited ke adeheed 27-5-2016 tak neyojan mein rakhne ke bawajood uske sewayein

neyamit na karte hue bena kese karan athava notice ya chatni muawja ke samapt keye jaane ke

karyawahi nyayuchhit hai?Yadi nahi, to sambhandit karmachari kes anutosh ke haqdar hai”? .”

After registering the case on the basis of reference, notices were sent to the parties.

The workman never appeared inspite of service of notice and did not file any written statement of claim.

The management appeared but since there is no statement of claim, the Management preferred not to file any

written statement of defence.

Today also when the case was taken up for hearing the workman did not appear.

I have heard Mr. Kuldeep Bhargav, learned counsel for the Management.

The Reference is the issue for determination, in the case in hand.

The initial burden to prove the its claim is on the workman in which he has failed. Hence, holding the claim

of the workman not proved, the reference deserves to be answered against the workman.

Accordingly, the reference is answered against the workman.

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 ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

999

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj izca/k

rarz ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd

vf/kdj.k ua -2 /kuckn ds iapkV ¼lanHkZ la[;k 07@2017½ dks izdkf'kr djrh gSA

[la- ,y-41012@07@2017-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

New Delhi, the 18th May, 2022

S.O. 477.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

No.2 Dhanbad as shown in the Annexure, in the industrial dispute between the management of S.E. Railway and

their workmen.

[No. L-41012/07/2017– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S.K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 07 OF 2017

PARTIES:

Shri Harslata Biswal,

Dhanbad Colliery Karmchari Sangh, Flat No. G- 204,

Ramson Residency, Vinay Vihar Colony,Dhaiya,PO:ISM, Dhanbad

Vs.

The Divisional Rly. Manager,

Adra Division, S.E.Rly,

PO: Adra, Distt:Purulia (West Bengal) ,

Order No. L-41012/07/2017 –IR (B-I) dt. 25.07.2017

On behalf of the workman/Union

: None

On behalf of the Management

: Management Representative

State

: West Bengal

Industry : Rly

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-41012/07/2017 –IR (B-I) dt. 25.07.2017 :

SCHEDULE

“Whether action of the management of Adra Division of S.E. Railway in not paying wages or any kind

of remuneration of Sh.Sapan Kumar Tripathy, Commercial Clerk for the period of work done by him

from 25.06.2013 to 02.03.2014 is justified? If not, to what relief the workman is entitled to ?.”

1. On receipt of the above reference notice was sent to the workman as well as to the Respondent/management.

The postal article sent to the workmen referred above, is deemed to be delivered to the workmen as the same is not

returned undelivered. Workman is given sufficient opportunities to file claim statement but none turned up to file

statement of claim which shows that the workman no longer is interested in adjudication of the matter on merit.

However Management Representative, Asstt. Personnel Officer –II in a letter to the Desk Officer of Ministry of

Labour & Employment, Government of India dt. 11/17.08.2017 stated that order for payment of stipend for the period

from 25.06.2013 to 02.06.2014 (excluding the period from 10.03.2014 to 22.03.2014) has already been issued and

payment will be made very shortly.

1000

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

2. Since the workman has neither put their appearance nor has filed statement of claim to prove his cause against

the Respondent/Management .This aforesaid facts construes convincingly presumption of non-existent of the

dispute between Employer and Employee .As a matter of fact the Tribunal finds no scope to adjudicate in the matter

rather pass a “No claim Award”. Accordingly “No Dispute Award is passed in the instant reference ID No. 07/2017

with no relief to the workman

3. Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S. K. THAKUR, Presiding Officer

नई दिल्ली, 18 मई, 2022

का.आ. 478.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरर् में केन्द्री

सरकार वररष्ठ मिाप्रबंिक, मैससण अल्राटेक सीमेंट जलजमटेड, नीमच के प्रबंितंत्र के संबद्ध जन ोिकों और िनरल सेक्रेटरी,

खािन श्रजमक और कमणचारी ूजन न, नीमच के बीच अनुबंि में जनर्िणष्ट औद्योजगक जववाि में केन्द्री सरकार औद्योजगक

अजिकरर् एवं श्रम न् ा ाल , िबलृुर के ृंचाट (संिभण सं्‍ ा (सीिीआईटी/एलसी/-आर/21/2021) प्रकाजित करती िै।

[सं. एल-29011/5/2021-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 478.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. (CGIT/LC/-R/21/2021) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of The Senior General Manager, M/s Ultratech Cement Limited, Neemuch and The

General Secretary, Khadan Shramik and Karmachari Union, Neemuch.

[No. L-29011/5/2021-IR(M)]

D. GUHA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/21/2021

Present: P. K. Srivastava, H.J.S..( Retd)

The Senior General manager,

Ultratech Cement Limited,

Vikram Nagar, Khor, Tehsil Jawad,

District Neemuch, M.P.

…Workman

Versus

The General Secretary

Khadan shramik and Karmachari Union Neemuch

Godharvall Tailors, maharani Laxmibai Road, No.2

Ujjain (M.P.)

…Management

AWARD

(Passed on 10^th day of May-2022)

As per letter dated 1/3/2021 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-29011/5/2021(IR(M) The dispute under reference relates to:

“Kya neyojak varish mahaprabhandak Utlratech Limited Neemuch M.P. dwara karmkar Shri Shashi

Prakash Sharma HIO ko sansthan mein prachaalit pramanik kendriya styai orders ke anusar 58 varsh ke

adhivarshta aayu purna karne par sevanevrut karna uchhit hai?yadi nahi to karmkar kya labh paane ka

patra hai .”

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1001

After registering the case on the basis of reference, notices were sent to the parties.

Inspite of service on parties, the workman never appeared. None of the parties have filed any statement of

claim/defence inspite of sufficient time given to them.

Since the burden to prove the claim is on the workman in which he has miserably failed. May be the

workman is not interested in pursing his claim.

Accordingly the reference deserved to be answered against the workman and is answered against the

workman.

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 दिल्ली, 18 मई, 2022

का.आ. 479.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरर् में केन्द्री

अजिकरर् एवं श्रम न् ा ाल , िबलृुर के ृंचाट (संिभण सं्‍ ा (सीिीआईटी/एलसी/-आर/22/2021) को प्रकाजित करती

िै।

[सं. एल-29011/7/2021-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 479.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. (CGIT/LC/-R/22/2021) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of The Senior General Manager, M/s Ultratech Cement Limited, Neemuch and The

General Secretary, Khadan Shramik and Karmachari Union, Neemuch.

[No. L-29011/7/2021-IR(M)]

D. GUHA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/22/2021

Present: P. K.Srivastava, H.J.S..( Retd)

The General Secretary

Khadan Shramik & Karmachari Union Neemuch

Godharvall Tailors, Maharani Lazxmibai Road No.2

Ujjain, Madhya Pradesh

…Workman

Versus

The Senior General manager

Ultratech Cement Limited,

Vikram Nagar, Khor, Tehsil Jawad

District Neemuch, M.P.

…Management

AWARD

(Passed on 10^th day of May-2022)

As per letter dated 1/3/2021 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-

29011/7/2021-IR(M) The dispute under reference relates to:

1002

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

‘‘Kya neyojak varisht mahaprabhandak ultratech cement limited neemuch M.P. dwara karmkar

Shri RAdhyshayam Lohar HIO ko sansthan mein prachalit pramanik kendriya sthari orders kea anusar

58 varsh ke adhivarshata aayu puurn karne par sevan nevraut karna uchhit hai?Yadei nahi to karmkar

kya labh paane ka patra hai? .”

After registering the case on the basis of reference, notices were sent to the parties.

Inspite of service on parties, the workman never appeared. None of the parties have filed any statement of

claim/defence inspite of sufficient time given to them.

Since the burden to prove the claim is on the workman in which he has miserably failed. May be the

workman is not interested in pursing his claim.

Accordingly the reference deserved to be answered against the workman and is answered against the

workman.

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 दिल्ली, 18 मई, 2022

का.आ. 480.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरर् में केन्द्री

अजिकरर् एवं श्रम न् ा ाल , िबलृुर के ृंचाट (संिभण सं्‍ ा (सीिीआईटी/एलसी/-आर/23/2021) को प्रकाजित करती

िै।

[सं. एल-29011/6/2021-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 480.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. (CGIT/LC/-R/23/2021) of the Central Government Industrial

Tribunal/Labour Court, Jabalpur now as shown in the Annexure in the Industrial Dispute between the employers in

relation to the management of The Senior General Manager, M/s Ultratech Cement Limited, Neemuch and The

General Secretary, Khadan Shramik and Karmachari Union, Neemuch.

[No. L-29011/6/2021-IR(M)]

D.GUHA, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/23/2021

Present: P.K. Srivastava, H.J.S..( Retd)

The Senior General manager,

Ultratech Cement Limited,

Vikram Nagar, Khor, Tehsil Jawad,

District Neemuch, M.P.

…Workman

Versus

The General Secretary

Khadan shramik and Karmachari Union Neemuch

Godharvall Tailors, maharani Laxmibai Road, No.2

Ujjain (M.P.)

…Management

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1003

AWARD

(Passed on 10^th day of May-2022)

As per letter dated 1/3/2021 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-29011/6/2021-IR(M) The dispute under reference relates to:

“Kya neyojak varisht mahaprabhandak ultratech cement limited neemuch M.P. dwara karmkar

Shri Basant Kumar paneri HIO ko sansthan mein prachalit pramanik kendriya sthari orders kea NUSAR

58 varsh ke adhivarshata aayu puurn karne par sevan nevraut karna uchhit hai?Yadei nahi to karmkar

kya labh paane ka patra hai? .”

After registering the case on the basis of reference, notices were sent to the parties.

Inspite of service on parties, the workman never appeared. None of the parties have filed any statement of

claim/defence inspite of sufficient time given to them.

Since the burden to prove the claim is on the workman in which he has miserably failed. May be the

workman is not interested in pursing his claim.

Accordingly the reference deserved to be answered against the workman and is answered against the

workman.

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

ubZ fnYyh] 18 ebZ] 2022

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ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] /kuckn ds iapkV ¼lanHkZ la[;k 04@2017½

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[la- ,y-20012@05@2017-vkbZvkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 481.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 04/2017) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/05/2017 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 04 OF 2017

PARTIES:

The Secretary,

Rashtriya Mazdoor Union,

At: Sijua, Dhanbad -828121

1004

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

Vs.

The. General Manager,

Sijua Area of M/s BCCL,

PO: Sijua, Dhanbad -828121

Order No. L-20012/05/2017-IR(CM-I) dated 02.06.2017

On behalf of the workman/Union

Mr.S.K.Sinha Union Representative

On behalf of the Management

Mr.D.K.Verma, Ld. Advocate

State

Jharkhand Industry

: Coal

Dated, Dhanbad, the 23rd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under Sec.

10(1)(d) of the I.D. Act., 1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/05/2017-IR(CM-I) dated 02.06.2017.

SCHEDULE

“Whether the action of the Management of Mudidih Colliery under P.B. Area of M/s BCCL in

dismissing Shri Mangra Manjhi from the service of the company w.e.f. 20.10.2005 is justified and fair?

If not, to what relief the concerned workman is entitled?”

On receipt of the above reference from Government of India and subsequently registration on 12.06.2017

notices were sent to the workman as well as to the Respondent/Management .The notices are understood to have

delivered to its destinations as none turned undelivered. But the workman neither appeared nor filed the written

statement of claim even after providing sufficient opportunities. This construes convincingly facts of workman’s

disinterestedness in adjudication of the matter.

Since the workman has neither put his appearance nor did file statement of claim, a basis over which

Tribunal has to exercise its jurisdiction for adjudication. Further lingering over subject matter it will show waste of

time and effort of the Tribunal .Under such circumstances the Tribunal has no scope but to close subject matter which

appears to be meritless by the time and awarding with no relief to the workman whatsoever. Under such

circumstances the Tribunal passes no “No Claim award “as the workman himself appears reluctant to contest the

case

Let the copy of this Award be sent to the Appropriate Government as required under I.D. Act for

publication.

Dr. S.K. THAKUR, Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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 2] /kuckn ds iapkV ¼lanHkZ la[;k 02@2017½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la -,y-20012@40@2016-vkbZvkj ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 482.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 02/2017) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/40/2016 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1005

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S.K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 02 OF 2017

PARTIES:

The Secretary,

Rashtriya Mazdoor Union,

At: Sijua, Dhanbad -828121

Vs.

The. General Manager,

Govindpur Area –IV of M/s BCCL ,

PO: Sijua, Dhanbad -828121

Order No. L-20012/40/2016-IR(CM-I) dated 17.01.2017

On behalf of the workman/Union

Mr.S.K.Sinha Ld.Advocate

On behalf of the Management

None

State

Jharkhand Industry

: Coal

Dated, Dhanbad, the 28^th March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/40/2016-IR(CM-I) dated 17.01.2017.

SCHEDULE

“Whether the action of the Management of Katras Chaitudih Colliery under Govindpur Area of M/s

BCCL in dismissing Shri Naresh Beldar from the services of the Company w.e.f. 05/10/2005 is fair

and justified? If not, to what relief the concerned workan is entitled?”

Having received the above reference from appropriate Government of India and subsequently registration on

24.01.2017 notices were sent to the workman as well as to the Respondent/Management under Registered Cover but

the workman did not file the written statement of claim even after providing sufficient opportunities nor did turn up

for appearance . In course of hearing dated 01/10.2019 Union Representative pleading on behalf of the workman

points out certain discrepancy in the matter of Union’s address expressing doubt over proper delivery of the Notices

thereby seeking a Corrigendum .With the Tribunal specific directive to Sponsoring Union to write the Ministry under

intimation to this Tribunal posting of date not finalized subject to arrival of corrigendum.

Since no corrigendum received either from the party or the Ministry of Labour & Employment with no

progress at all from any quarter since 01 10.2019 to till date contrary to the fact no effort on the part of the workman

was taken to move forward the case but they kept on evading subsequent proceeding also.Under such peculiar

circumstance when no effort was reported to be taken by the workman/Union nor any claim so far filed before the

Tribunal resulting in stagnation of the proceeding over first stage .There is no option but to close the subject matter

as even after so much efforts Union/workman appear reluctant to proceed further .The Tribunal also sees no scope to

proceed further in the absence of the unwillingness of the Union/workman in the subject matter with passing of “No

Claim award” as no relief .

Let the copy of this Award be sent to the Appropriate Government as required under I.D. Act for

publication.

Dr. S. K.THAKUR, Presiding Officer

1006

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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; uacj 2, /kuckn ds iapkV ¼lanHkZ la[;k 12/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012@74@2018-vkbZvkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 483.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.12/2018) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/74/2018 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 12 OF 2018

PARTIES:

Jt. General Secretary,

R.C.M.S.,Rajendra Path,Dhanbad

Vs.

The General Manager,

Bastacolla Area of M/s BCCL.

PO: Jharia ,

Dhanbad

Order No. L-20012/74/2018-IR(CM-I) dt. 29.10.2018

On behalf of the workman/Union

None

On behalf of the Management

: Mr. D. K.Verma,, Ld.Advocate & Management Representative

State

Jharkhand

Industry : Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-20012/74/2018-IR(CM-I) dt. 29.10.2018.

SCHEDULE

“Whether action of the management of Bastacolla Colliery under Bastacolla Area of M/s BCCL in not

accepting the DOB of Sri Shashi Bhushan Rai, Ex.Sampling Assistant as 30.12.1956 as per record of

the Company in Form –B Register’ is proper, legal and justified?

ii) “If not, what relief the concerned workman is entitled to and from which date? And what other

directions are required in this regard.”

1. Upon registration of the above reference notice was sent to the workman as well as to the

Respondent/Management. The Notices as usual sent to the workman referred above through registered post are

supposed to have delivered to the destination. Workman has been given sufficient opportunities to file claim

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1007

statement but none turned up in spite of the opportunity afforded to file claim statement which primarily shows

workman’s unwillingness in adjudication of the matter on merit.

2. On close persuasion of the records and available materials, it points to the fact that the workman has neither put

their appearance nor they have filed statement of claim to prove their cause against the Respondent/Management, as

such this Tribunal is left with no scope to continue with the proceedings for adjudication except to pass a “No Claim

Award”. Accordingly “No Claim Award is passed in the instant reference ID No. 12/2018.

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S.K.THAKUR, Presiding Officer

नई दिल्ली, 18 मई, 2022

—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.सी.,y- 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; uacj 2] /kuckn ds iapkV ¼lanHkZ la[;k 37@2016½ dks izdkf’kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012@58@2011-vkbZvkj ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 484.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.37/2016) of the Central Government Industrial Tribunal-cum-

Labour Court No 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/58/2011 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT :

Dr. S.K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 37 OF 2016

PARTIES:

The President,

Jharkhand Mines Lal Jhanda Mazdoor Union.

At/PO: Bhowra,Dhanbad.828302.

Vs.

The Chief General Manager,

Bastacolla Area of M/s BCCL,

PO: Dhansar,Dhanbad.-828106,

Order No. L-20012/58/2011-IR (CM-I) dated 12.08.2016

On behalf of the workman/Union

None

On behalf of the Management

Mr.Ganesh Prasad.,Ld.Advocate

State

Jharkhand Industry : Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-20012/58/2016-IR (CM-I) dated 12.08.2016.

1008

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether action of the Management of Bastacolla Colliery of M/s BCCL in not regularizing Shri Ram

Binay Shaw as SDL Operator w.e.f. 26.09.2001 in view of Form of Appointment of Competent Person No.

34 dated 26.09.2001 (Copy enclosed) is fair and justified? If not, what relief the concerned workman is

entitled to?”

1 On receipt of the above reference notice was sent to the workman as well as to the Respondent/management.

The postal article sent to the workmen remained unreturned and so is understood to have been delivered . Workman is

given sufficient opportunities to file claim statement but none turned up in spite of the opportunity afforded to file

written statement of claim which shows that the workman is not interested in adjudication of the matter on merit.

2. Since the workman has miserably proved failure to file written statement of claim an initial effort to contest

the issue framed under Order of the Reference over which adjudication is to be made. As he neither put his

appearance nor had he filed statement of claim to prove his cause against the Respondent/Management this Tribunal

found no ground to deal with the issue in absence of any written statement of claim except option to pass a “No claim

Award”. Accordingly “No claim award is passed in the instant reference ID No. 37/2016 .

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S.K.THAKUR, Presiding Officer

ubZ fnYyh] 18 मई

2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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; uacj 2] /kuckn ds iapkV (lanHkZ la[;k 54/2015) dks izdkf'kr djrh

gS] tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y- 20012/56/2015-vkbZvkj (lh,e-1)]

रािेन्द्र हसंि, अवर सजचव

New Delhi, the 18th May 2022

S.O. 485—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 54/2015) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/56/2015 – IR (CM-1)]

RAJENDER SINGH, Under Secy .

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S.K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 54 OF 2015

PARTIES:

The General Manager,

Bastacolla Area of M/s BCCL.

At :Vikas Bhawan, At/PO: Jharia Dhanbad.828111.

Vs.

The General Secretary,

Rashtriya Mazdoor Union,

Etwari Nagar, Hirapur, Dhanbad.-826001

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1009

Order No. L-20012/56/2015-IR (CM-I) dated 10.07.2015

On behalf of the workman/Union

Mr.Channdrika Prasad, Ld.Advocate

On behalf of the Management

None

State

Jharkhand Industry

: Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-20012/56/2015-IR(CM-I) dated 10.07.2015.

SCHEDULE

“Whether action of the management of GOCP under Bastacolla Area of M/s BCCL in not taking date

of birth of Shri Ram Naresh Prasad as 17.11.1955 as per his Matriculation Certificate is fair and

justified? To what relief the concerned workman is entitled to?”

1 On receipt of the above reference notice was sent to the workman as well as to the Respondent/management.

The Notices sent to the workmen referred above, is supposed to have been delivered to its destination. Even after

providing ample opportunities Workman did not file statement of claim nor did take pain for appearance. In the light

of so many adjournments granted to file claim of the written statement but of no avail shows that the workman is not

interested in adjudication of the matter on merit.

2. Under this situation that the workman has not been able to put appearance nor has filed statement of claim

to prove cause against the Respondent/Management, this Tribunal is constrained with holding the opinion that the

aforesaid Industrial Dispute deserves to be disposed of in sheer reluctance of the workman with passing a “No claim

Award”. Accordingly award is passed in the instant reference ID No. 54/2015 with no relief to the workman.

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S.K.THAKUR, Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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 2] /kuckn ds iapkV (lanHkZ la[;k 14/2018) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012/46/2001-vkbZvkj (lh-1)]

रािेन्द्र हसंि, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 486.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 14/2018) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/46/2001 – IR (C-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD.

PRESENT: Dr. S. K. Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 14 OF 2018

PARTIES:

The Working President,

Rastriya Colliery Mazdoor Sangh,

Rajedndar Path,Dhanbad

1010

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

Vs.

The. General Manager,

Barora Area of M/s BCCL,

PO: Nawagarh, Dhanbad

Order No. L-20012/46/2001(C-I) dt. 27.04.2001 :

On behalf of the workman/Union

: None

On behalf of the Management

Mr.Ganesh Prasad, Ld. Advocate

State

Jharkhand

Industry : Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-20012/46/2001(C-I) dt. 27.04.2001.

SCHEDULE

“Whether the version of the management of Muraidih Colliery ,Barora Area of Ms BCCL that

Shri Jay Mangal Singh, Dump Man/Penman is not eligible for the post of Dump Man/Trip man on

the basis of educational qualification/experience, and Cadre Scheme is right ? If not, to which relief

the workman is entitled to?”

1. On receipt of the above reference inadvertently by CGIT NO.1, Dhanbad but later transferred to

CGIT -2 Dhanbad notice was sent to the workman as well as to the Respondent/management. The postal article sent to

the workmen referred above is treated to be delivered to the workman in the absence of returned undelivered.

Workman has been given sufficient opportunities to file claim statement but none turned up in spite of the opportunity

afforded to file claim statement, which shows that the workman is not interested in adjudication of the matter on merit.

2. It appears that party which raised the dispute is no longer interested to proceed with the case and the Industrial

Dispute between them cease to exist .The workman has neither put his appearance nor has filed statement of claim to

prove his cause against the Respondent/Management. The instant Reference I.D. No. 26/2019 is thus disposed of

with’ No Claim Award’

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S. K.THAKUR, Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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; uacj 2] /kuckn ds iapkV (lanHkZ la[;k 26/2019) dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012/54/2019-vkbZvkj (lh,e-1)]

रािेन्द्र हसंि, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 487—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 26/2019) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/54/2019 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1011

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL(NO.2),AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 26 OF 2019

PARTIES:

Shri Ram Rataan Ram,

Jt. General Secretary,

Bhahujan Mazdoor Union,

MRS,Dhansar,Dhanbad

Vs.

The General Manager,

Katras Area of M/s BCCL,,

PO: Sijua,

Dhanbad

Order No. L-26012/54/2019-IR(CM-I) dt. 29.08.2019

On behalf of the workman/Union

None

On behalf of the Management

Management Rep.

State

Jharkhand Industry : Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-26012/54/2019-IR(CM-I) dated 29.08.2019.

SCHEDULE

“Whether the action of the Management of Katras Area of M/s BCCL in denial of fitment of wages

after inclusion of SPRA in the basic pay of Shri Om Prkash Yadav (Personnel No.02897452,Dozer

Operator with retrospective effect, is justified? If not, to what relief the concerned workman is entitled

to?”

Upon registration of the case on 13.09.2019, notices as usual were served to the workman as well as to the

Respondent/Management. The Notice/Summon sent to the workman is supposed to have delivered. Workman was

given sufficient opportunities to file claim of statement but none turned up in spite of the opportunity afforded to file

claim statement .In prima facie indifference of the workman shows that the workman is not interested in adjudication

of the matter. Management Representative stated by filing a petition from the workman under his own signature on

22.03.2022 and also on behalf of the Management have resolved the Industrial dispute under references as of now as

no dispute exists in between the parties under reference with prayer that the present Ref. case registration as Ref. Case

No. 22/2019 be disposed of accordingly.

Since the workman’s self-disclosure in the petition is convincing facts that the dispute under reference does

not exist at all in between the parties so there is absolutely no relevancy of any adjudication of the matter under

framed. Based on this petition so endorsed by the O.P./ Management supporting he statement of the workman the

Tribunal has no option but to pass a “No Claim Award” .Accordingly “No Claim Award” is passed in the instant

reference ID No. 26/2019.

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S.K.THAKUR, Presiding Officer

1012

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

सी.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 2] /kuckn ds iapkV ¼lanHkZ la[;k 27/2019½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012@60@2019-vkbZvkj ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 488.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 27/2019) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/60/2019 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT: Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 27 OF 2019

PARTIES:

The Regional Organization Secretary,

Rashtriya Colliery Mazdoor Sangh,,

Bokaro -829128

Vs.

The. General Manager,

G.M.Unit,Kathara Area of M/s CCL.,

PO:GM Unit Kathara ,Bokaro -827001

Order No. L-20012/60/2019-IR(CM-I) dated 11.11.2019 :

On behalf of the workman/Union

: None

On behalf of the Management

Mr.D.K.Verma, Ld.Advocate

State

Jharkhand

Industry

: Coal

Dated, Dhanbad, the 22^nd March,2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/60/2019-IR (CM-I) dated 11.11.2019.

SCHEDULE

“Whether non-grant of SLU benefit w.e.f. 01.01.2004 to Shri C.B.Prasad, Sr. Draughtsman of

G.M.Unit, Kathara by the Management of Kathara of M/s CCL under provision of NCWA-VI and VII

is justified or not? If not, then what remedies he is entitled.”

1. As the Reference Industrial Dispute got registered soon after receipt from Government of India, notices were

issued upon the workman as well as the Respondent/management. The Notice sent by Regd. Dak must have reached

its destination as it did not return undelivered. Workman is given sufficient opportunities to file claim statement but

none turned up in spite of the opportunity afforded to file claim statement which shows that the workman is not

interested in adjudication of the matter on merit.

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1013

2. Since the workman has neither put their appearance nor has been filed statement of claim to prove his cause

against the Respondent/Management. As such this Tribunal is left with no option, except to pass a “No Claim Award”.

Accordingly “No Claim Award” is passed in the instant reference ID No. 27/2019.

3. Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S. K.THAKUR, PresidingOfficer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj

टी.सी.एच. िमाडोबा मैससण टाटा स्ट्टील जलजमटेड 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; uacj 2] /kuckn ds iapkV

¼lanHkZ la[;k 24/2019½ dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012/51/2019-vkbZ-vkj (lh,e-1)]

रािेन्द्र हसंि, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 489.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 24/2019) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

T.C.H. Jamadoba of M/s Tata Steel Limited. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/51/2019 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 24 OF 2019

PARTIES:

The Secretary,

Rashtriya Colliery Mazdoor Sangh,

Rajendra Path, Post Box No. 22, Dhanbad -826001

Vs.

The. General Manager (J),

Tata Group of Collieries of M/s Tata Steel Co.,

PO: Jamadoba, Dhanbad -828112

Order No. L-20012/51/2019-IR(CM-I) dated 16.08.2019

On behalf of the workman/Union

None

On behalf of the Management

Mr.D.K.Verma, Ld. Advocate

State

Jharkhand

Industry : Coal

Dated, Dhanbad, the 23rd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/51/2019-IR (CM-I) dated 16.08.2019.

1014

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the Management of T.C.H. Jamadoba of M/s Tata Steel Limited in denial of

employment to the dependent of Late Lakhi, Per. No. 212043 is justified and fair? If not, to what relief

the concerned workman is entitled?”

1. As the Reference Industrial Dispute got registered soon after receipt from Government of India notices were

issued upon the workman as well as the Respondent/Management. The Notice sent by Regd. Dak must have reached

its destination as the same have not been returned undelivered Workman is given sufficient opportunities to file

claim statement but none turned up in spite of the opportunity afforded to file claim statement which shows that the

workman is not interested in adjudication of the matter on merit.

2. Since the workman has neither put their appearance nor has been filed statement of claim to prove his cause

against the Respondent/Management. In view of the conduct and gesture of the Union /workman the Tribunal did not

find any merit to allow the reliefs as sought for when the workman was not able to file even written statement of claim

even after affording so much time. Accordingly this ID is dismissed being devoid of any merit with “No Claim Award

“in the instant Reference ID No. 24/2019

3 Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S. K.THAKUR Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

बी.सी.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; uacj2] /kuckn ds iapkV (lanHkZ la[; 01/2017) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la-,y- 20012/47/2016-vkbZvkj (lh,e-1)]

रािेन्द्र हसंि, अवर सजचव

New Delhi, the 18th May, 2022

S.O. 490.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 01/2017) of the Central Government Industrial Tribunal-cum-

Labour Court No. 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/47/2016 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 01 OF 2017

PARTIES:

The General Secretary,

Koyla Ispat Mazdoor Panchyat ,

Chhatabad No.-5, PO: Katrasgarh, Dhanbad -828113

Vs.

The. General Manager,

Sijua Area of M/s BCCL,

PO: Sijua, Dhanbad -828121

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1015

Order No. L-20012/47/2016-IR(CM-I) dated 23.12.2016

On behalf of the workman/Union

None

On behalf of the Management

Mr. D. K.Verma, Ld. Advocate

State

Jharkhand Industry : Coal

Dated, Dhanbad, the 28^th March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/47/2016-IR (CM-I) dated 23.12.2016.

SCHEDULE

“Whether the action of the Management of BCCL in terminating the services of Shri Sukar Bhuia

M/Loader w.e.f. 02/05/2014 without conducting of fair and legal enquiry especially when the charges

leveled against the workman was as older as 17 years is legal and justified. If not, what relief the

workman is entitled to and from which date.”

Consequent upon receipt of the above reference from Government of India and subsequently registration on

06.01.2017 under Reference No. 01/2017 notices were sent to the workman as well as to the Respondent/Management

under Registered Cover. But the workman did not file the written statement of claim even after providing sufficient

opportunities nor did turn up for appearance which prima facie points out lack of workman’s interest in adjudication

of the matter. The workman who raises the dispute is understood to be well conversant of limitation of time for filing

of the Written Statement of claim. But disputant has not shown such inclination.

Tribunal’s role becomes functus officio and has no scope to move ahead when no written statement of claim

is made so far .The dispute appears to be no more to exist leaving behind no scope but to close the subject matter as

even after so much efforts. Union appears reluctant to file even written statement of claim since inception. So the

Tribunal sees no scope to proceed further in the absence of the unwillingness of the Union/workman in the subject

matter with passing of “No Claim award”

Let the copy of this Award be sent to the Appropriate Government asrequired under I.D. Act for

publication.

Dr. S. K. THAKUR, Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj नाव

चलाना 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 2] /kuckn ds iapkV ¼lanHkZ la[;k 01/2018½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012@53@2016-vkbZvkj ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 18th May, 2022

S.O. 491.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.01/2018) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

SAIL. and their workmen, received by the Central Government on 17.05.2022

[No. L-20012/53/2016–IR (CM-1)]

RAJENDER SINGH, Under Secy.

1016

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 01 OF 2018

PARTIES:

The Jt. General Secretary,

R.C.M.S, Rajender Path, Post Box No. 22, Dhanbad.

Vs.

The General Manager,

Chasnalla Colliery of M/s SAIL,

PO: Chasnalla, Dhanbad.-828135,

Order No. L-20012/53/2016-IR(CM-I) dated 16.02.2018

On behalf of the workman/Union

: None

On behalf of the Management

: Mr.D.K.Verma, Ld. Advocate

State

Jharkhand Industry : Coal

Dated, Dhanbad, the 22^nd March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their

Order No. L-20012/53/2016-IR (CM-I) dated 16.02.2018.

SCHEDULE

“Whether action of the management of Chasnalla Colliery of M/s SAIL in fixing the basic pay of Shri

Ashok Kumar Singh, Sr. P.A. less than to his junior Shri Anandimay Gon, Sr. P.A. is fair and

justified? If not, what relief should Shri Ashok Kumar Singh is entitled to and from which date?”

1. On receipt of the above reference notice was sent to the workman as well as to the Respondent/management.

The postal article sent to the workman referred above, has not been returned undelivered and so is treated to be duly

delivered to the workmen. Workman is given sufficient opportunities to file claim statement ,but none turned up in

spite of the opportunity afforded to file claim statement which shows that the workman is not interested in

adjudication of the matter on merit. Although the opposite Party/Management showed appearance but of no

significance in the absence of appearance or non-submission of claim statement from workmanside.

2. Since the workman has neither put their appearance nor they have filed statement of claim to prove their cause

against the Respondent/Management, as such this Tribunal is left with no choice, except to pass a “No claim Award”.

Accordingly “No claim award is passed in the instant reference ID No. 01/2018.

Let the copy of the Award be sent to the Appropriate Government as required under the Act for publication.

Dr. S.K.THAKUR, Presiding Officer

ubZ fnYyh] 18 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

कोल इंजड ा जलजमटेड 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; uacj 2] /kuckn ds iapkV ¼lanHkZ la[;k 12@2015½ dks izdkf”kr

djrh gS] tks dsUnzh; ljdkj dks 17-05-2022 dks izkIr gqvk FkkA

[la- ,y-20012@150@2014-vkbZvkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1017

New Delhi, the 18th May, 2022

S.O. 492.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.12/2015) of the Central Government Industrial Tribunal-cum-

Labour Court NO 2, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

Coal India Limite and their workmen, received by the Central Government on 17.05.2022.

[No. L-20012/150/2014 – IR (CM-1)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2), AT DHANBAD

PRESENT : Dr. S. K.Thakur, Presiding Officer

In the matter of an Industrial Dispute under Section 10(1) (d) of the I.D. Act., 1947

REFERENCE NO 12 OF 2015

PARTIES:

The General Secretary,

Coal Mines Engineering Workers

Association (CMEWA)

19 No., Bekarbandh, Dhanbad -826001

-826003

Vs.

The Chairman,

Coal India Ltd.,

10, Netaji Subhas Road, Kolkata -700001

& eight its Subsidiaries as

per Schedule

Order No. L-20012/150/2014-IR(CM-I) dated 05.02.2015 &6.5.15

On behalf of the workman/Union

None

On behalf of the Management

Mr. U.N. Lal Ld. Advocate

State

Jharkhand Industry

: Coal

Dated, Dhanbad, the 25^th March, 2022

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No. L-20012/150/2014-IR(CM-I) dated 05.02.2015

SCHEDULE

“Whether the Charter of Demands except point no. (i) relating to revision of Pension and revision for

DA on pension and (ix) relating to payment of Gratuity Act may be amended and employee be paid

Gratuity @ one month pay for every completed year of service of Coal Mines Engineering Workers

Association (CMEWA) before the Management is justified or not? If yes, to what relief the workers

are entitled to?”

Charter of Demands

Revision of Pension and provision for D.A. on pension.

ii) Compensation of Rs. 10 Lac to the worker who met an accident and expired while working.

iii) Inclusion of Christian Medical College, Vellore in the panel of Hospitals for treatment of workmen.

iv) Promotion of employees of Electrical and Mechanical Department on obtaining the Supervisory

License as assistant Foreman – T&S GRADE-C at par with Mining Sirdar.

1018

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

v) Promotion of electrician to T&S Grade-C on the basis of HT permit and to Category-VI on the basis of

LT permit.

vi) The requirement of HT, LT & Metric Certificate be waived off for promotion of Switch Board

Attendant to the next Grade.

vii) All employees be given one month’s Earned Leave for every year.

viii) Encashment of balance Sick Leave at the time of retirement of employees.

ix) Payment of Gratuity Act may be amended and employee be paid Gratuity @ one month pay for every

completed year of service.

x) Payment off Rescue allowance be made as per JBCCI.

Upon reference from the Government of India for adjudication to this Tribunal, and subsequently

registration on 16.02.2015 as Reference No. 12/2015, notice/summon was sent to both the parties, i.e., workmen O/P

/management (Coal India Ltd and its subsidiaries wings). The Notice sent by Regd. Post likely to have reached its

destination .But no Written statement of claim by the Sponsoring Union was filed is spite of notice and so many

adjournments granted during the entire hearing of the proceedings . since inception 16.02.2015 to 24.03.2022.

Moreover it was very specifically spelt out in the Order of reference itself on time limitation meant for the

Sponsoring Union to file the written Statement of Claim complete with relevant documents under rule 10(B) of the

Industrial Disputes (Central ) rules,1957,and as a matter of fact the Sponsoring Union might be well conversant .

Even after availing so many adjournments the Union nor any representative could be able to file the written

statement of claim nor did make appearance to face the trial. The matter over which reference has been framed

predominantly dealing with the policy matters of the workers by way of Charter of Demands persists amongst Coal

India Ltd.(CIL) and its subsidiaries across the Country .The Tribunal cannot exercise its jurisdiction in the absence

of written statement of claim and adjournment could not be put on hold for indefinite period in the absence of the

same .Under present scanty facts of the reference, the present matter did not call for any merit despite the remedy

available under I.D. Act .The Sponsoring Union /workmen workman could not avail of it .Hence in the facts and

circumstances in the present case an Award is passed with No Claim Award with reference No.12/2015.

Let the copy of the Award be sent to the appropriate Government as required under the act for publication.

Dr. S.K.THAKUR, Presiding Officer

ubZ fnYyh] 19 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

bafM;u vksojlht cSad ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; ua- 1] ubZ fnYyh ds iapkV (60/2020) izdkf'kr djrh gSA

[la- ,y 12011/18/2020-vkbZ vkj (ch-II)]

jktsUnz flag] voj lfpo]

New Delhi, the 19th May, 2022

S.O. 493.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 60/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

No.1, New Delhi as shown in the Annexure, in the industrial dispute between the management of Indian Overseas

Bank and their workmen.

[No. L-12011/18/2020 -IR(B-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT-I, NEW DELHI

Present: Smt. Parnita Mohanty

ID.NO. 60/2020

Sh. Pratap Kumar S/o Sh. Bijender

C/o Industrial Workers Union (Regd.).

RZ-16-C/17, Upper Floor, Gali No.3,

Main Sagarpur, New Delhi-110046

…Workman

[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1019

Versus

The Chief Manager,

Indian Overseas Bank,

2^ndFlor, Rachna Palace,

Patel Nagar Post,

New Delhi-110008

The AGM,

Indian Overseas Bank,

NHPC Complex, 1^st& 2^nd Floor,

Near Main Gate, Sector-33

Faridabad-121033

The General Manager,

Indian Overseas Bank,

F-8 & 9, Raheja Sqaure,

Manesar, Haryana

…Management

AWARD

In the present case, a reference was received from the appropriate Government vide letter No.

L-12011/18/2020-IR(B-II) dated 24/06/2020 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of

the Act, for adjudication of a dispute, terms of which are as under:

SCHEDULE

“Whether the Service of the workman Sh. Pratap Kumar S/o Sh. Bijender, were terminated in an illegal and

unjustified manner by the Management of Indian Overseas Bank from 30.08.2019. If Yes, whether the

workman Sh. Pratap Kumar s/o Shri Bijender, is entitled for reinstatement with full back wages, continuity of

service and all consequential benefits ? What other relief the workman is entitled to?”

In the reference order, the appropriate Government commanded the parties raising the dispute to file

statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days

of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties involved in

the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.

On receipt of the above reference, notice was sent to the workman as well as the managements. Neither the

postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal

services remained unserved in the period, referred above. Therefore, every presumption lies in favour of the fact that

the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the

proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in

adjudication of the reference on merits.

Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause

against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this

award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for

publication.

PRANITA MOHANTY, Presiding Officer

ubZ fnYyh] 19 ebZ] 2022

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj] ;wdks

cSad ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkj ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; ua- 1] /kuckn ds iapkV ¼lanHkZ la- 82@2006½ izdkf'kr djrh gSA

[la- ,y-12011@40@2006-vkbZvkj ¼ch-II½]

jktsUnz flag] voj lfpo

1020

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

New Delhi, the 19th May, 2022

S.O. 494.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 82/2006) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

No. 1, Dhanbad shown in the Annexure, in the industrial dispute between the management of UCO Bank and their

workman.

[No. L-12011/40/2006 -IR(B-II)]

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. 82/2006

Employer in relation to the management of UCO Bank, Patna

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- None

For the workman. :- None.

State : Jharkhand.

Industry:- Banking

Dated : 19.04.2022

AWARD

By Order No.L-12011/40/2006- (IR(B-II)) dated 30.08.2006 the Central Government in the Ministry of

Labour has, in exercise of the powers conferred by clause (d) of sub-section (1) and sub –section (2A) of Section 10 of

the Industrial Disputes Act, 1947, referred the following disputes for adjudication to this Tribunal:

SCHEDULE

“Whether the action of the management of UCO Bank, Regional Office, Patna in not regularising the

services of Shri Mahendra Yadav, Part time sweeper, UCO Bank, Fulidumar Branch, Distt. Banka, as

part time sweeper under 1/3 scale of wages is legal and justified? If not, what relief the above workman

is entitled to?”

2. The reference is received on 15/09/2006 by this Tribunal in which the State Secretary, UCO Bank Employees

Association Bihar & Jharkhand State Committee, Patna 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 15/09/2006 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 Claim” Award is

passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 19 ebZ] 2022

—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj

वेस्ट्टनण कोलफील््स जलजमटेड ds izca/kra= ds lac) fu;kstdkas 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 61/2019½ dks izdkf'kr

djrh gS] tks dsUnzh; ljdkj dks 18-05-2022 dks izkIr gqvk FkkA

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[भाग II—खण् ड 3(ii)]

भारत का रािृत्र : मई 21, 2022/वैिाख 31, 1944

1021

New Delhi, the 19th May, 2022

S.O. 495.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 61/2019) of the Central Government Industrial Tribunal-cum-

Labour Court, JABALPUR as shown in the Annexure, in the industrial dispute between the Management of Western

Coalfields Ltd. and their workmen, received by the Central Government on 18.05.2022.

[No. L-22012/72/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/61/2019

Present: P.K. Srivastava, H.J.S..( Retd)

The Regional Vice President

Rashtriya Collieries Mazdoor Sangh (INTUC)

263, Garg Colony, Bagdona,

Po Pathakhera, District Betul (M.P.)

…Workman

Versus

The General Manager,

Western Coal Fields Limited Pathakhera Area

P.O.Pathankhera, District

Betul (M.P.)-460449

…Management

AWARD

(Passed 9-5-2022)

As per letter dated 28/8/2019 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-22012/72/2019-IR(CM-II). The dispute under reference relates to:

“Whether the action of the management of General manager, Western Coalfields Limited Pathakhera

Area, District Betul(MP) in rejecting the application of workman Shri Shivdas S/o Shri Ratan, SDL

Operator(Token No.213.NEIS No.19131796 .”

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.

The case of the workman as stated in his statement of claim is that the workman Shivdas is a member of the

Union and has authorized the Union to take up and pursue his case. The Workman Shivdas passed the Middle Board

examination conducted by District Education Board Betul M.P.(D.E.B) in 1978 and got him registered in the

Directorate of Employment and Training Betul on 21-8-1980. He was issued an identity card bearing Registration

No.968780 in which is date of birth was recorded as 22-1-1963 and qualification Class-VIIIth pass. This date of birth

was recorded on the basis of his date of birth mentioned in his middle pass certificate issued by the Middle Board.

He was appointed as a Loader on 28-6-1983 in the Sarni Mines under the WCL Management. He produced his

Middle Board pass certificate and transfer certificate mentioning his date of birth 22-1-1963 at the time of his first

appointment but his date of birth was wrongly recorded as 1-1-1960 by Management in the concerned registers

namely Form-B as well as the Service Register without any basis and consent. He was made to put thumb impression

at the time of his first joining and entries were filled by the concerned clerk. He came to know about the incorrect

recording of his date of birth in his service records and made oral complaints to his supervisor with the impression that

it would be corrected accordingly. It is further the case of the workman union that another workman Shiv Shankar

who also joined through employment exchange was issued appointment letter dated 9-7-1982 but in his service record

in Form-B his date of birth recorded is as per the Employment Exchange reports dated 17-6-1958. This yardstick was

not applied by the management in the case of the present workman Shivdas and his date of birth was not recorded on

the basis of Employment Exchange reports. It is further the case of the workman that he made a representation on

9-2-2010 to the Mines Superintendent/Manager Chhatarpur Mines requesting for correction of his date of birth

according to his educational qualification documents, which was not responded to by the management . He again

made a representation on 3-10-2011 to the Mines Superintendent/manager again requesting correction of his date of

birth and waited for response for four years then he submitted his third representation on 4-5-2016 requesting for

correction of his date of birth in his service records. The management last responded vide its letter dated 19-6-2016

and sent a letter to the District Educational Officer Betul for verification of his certificate and date of birth recorded in

his education qualification certificate. The District Educational Officer Betul sent a reply dated 31-8-2016 informing

the management that the Educational Certificate was in fact issued by the District Education Officer and the date of

birth recorded in it was correct. The management further constituted a Committee for correction of his date of birth

1022

THE GAZETTE OF INDIA : MAY 21, 2022/VAISAKHA 31 1944

[PART II—SEC. 3(ii)]

vide order dated 11-1-2016 in the light of Clause-B(II) contained in I.I.76 NCWA-III. Though the Committee

recommended corrections of his date of birth on the basis of his educational qualification recorded but the decision

taking authority did not accept the recommendation and refused to correct the date of birth on the basis that there was

no discrepancy regarding the date of birth in the records maintained by the Management which is against law and

against I.I.No.76, further it is the case of the workman that in the case of his co-workman Keval Prasad his date of

birth was corrected in the same facts and circumstances accepting the recommendation of the Committee. Thus the

management acted arbitrarily in refusing correction in the date of birth of workman Shivdas in his service records. It

has been prayed, accordingly that holding the action of the management against law the workman Shivdas be granted

relief of correction of date of birth in his service records in the light of his educational qualification certificate and also

be accorded consequential benefits.

The case of the management in brief is that the workman did not produce any testimonials in respect of his

date of birth or qualification. The post was meant for illiterate persons. The date of birth in Form-B which is

maintained at the time of first appointment was mentioned as 1-1-1960 on the basis of information furnished by the

workman and it was accepted by the workman by putting his thumb impression , the same date of birth was recorded

in his service register for Form PS-3 and form PS-4 and LTC form. The workman put his signature on these

documents also accepting this date of birth. He first raised a dispute after the lapse of 27 years from his initial

appointment on 3-10-2011 in response to notice displayed by the Management on the notice Board. Part of the record

called NEIS. Since it was found that there was no discrepancy regarding the date of birth of Shivdas in the registers

maintained by the Management, hence his prayer for correction was refused. The management has accordingly

prayed that the reference be answered against the workman.

At the stage of evidence, the workman did not produce or prove any oral or documentary evidence on oath.

The Management has filed and proved Exhibit M1, copy of form-B, Exhibit M-2, copy of service register, M-3, copy

of PS-4, Exhibit M-5 copy of LTC form, Exhibit M-6 the office order of management dated 14-5-2012, Exhibit M-7

copy of application of workman dated 14-5-2016, Exhibit M-8 I.I.No. 37 dated 5-2-1981, Exhibit M-9 I.I.No.76 dated

25-4-1988, Exhibit M-19 copy of finding of Area Date of Birth Committee constituted for correction of date of birth

of workman shivdas, copy of order of Hon’ble High Court darted 21-10-2019 in W.P.No.799/2011. Copy of order of

Hon’be High Court in W.P.No.23123/2019.

The workman has examined Shri Sachin Nagar Deputy Manager Personnel who has not cross-examined by

the workman.

At the time of arguments also none appeared from the side of the workman union. I have heard arguments of

Shri A.K. Shashi, learned counsel for the Management and have perused the record.

The reference is the issue for determination in the case in hand.

The case of the workman has been elaborated earlier. The burden to prove his case that his date of birth was

22-1-1963 in his education qualification certificate and fact that they have been found genuine on inquiry by

Management also, the fact that he has been filing representation at different times as mentioned in his statement of

claim for correction of his date of birth is on the workman and by adducing no evidence, the workman has failed to

discharge this burden, hence, I am constrained to hold that the claim of the workman is not proved . Accordingly the

workman is held entitled to no relief.

On the basis of the above discussion, following award is passed:-

A. The action of the management of General manager, Western Coalfields Limited Pathakhera Area,

District Betul(MP) in rejecting the application of workman Shri Shivdas S/o Shri Ratan, SDL

Operator(Token No.213. NEIS No.19131796 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

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: 2022.05.21 12:38:33 +05'30'