3456 GI/2022

(1057)

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. 22]

नई दिल् ली, मई 29— िून 4, 2022, िजनवार/ ज् येष् ठ 8— ज् येष् ठ 14, 1944

No. 22]

NEW DELHI, MAY 29—JUNE 4, 2022, SATURDAY/ JYAISTHA 8–JYAISTHA 14, 1944

इस भाग में जभन् न पृष् ठ संख् या िी िाती िै जिससे दक यि पृथक संकलन के रूप 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—उप-खण् ड (ii)

PART II—Section 3—Sub-section (ii)

भारत सरकार के मंत्रालयों (रक्षा मंत्रालय 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)

जविेि मंत्रालय

(सी. पी. वी. प्रभाग)

नई दिल्ली, 27 मई, 2022

का.आ. 517.—रािनजयक और कोंसुलीय अजिकारी (िपथ एवं फीस) के अजिजनयम, 1948 की िारा 2

के खंड (क) के अनुसरण में वैिाजनक आिेि ।

एतद्द्वारा, केंद्र सरकार भारत के प्रधान कोंसलावास, केप टाउन में िमा परवीन, वैक्तिक सहायक को

दिनांक 27 मई, 2022 से सिायक कोंसुलर अजिकारी के तौर पर कोंसुलर सेवाओं के जनवविन के जलए प्राजिकृत

करती िै।

[फा. सं. टी. 4330/01/2022(21)]

एस. आर. एच. फहमी, उप सक्तचव (कांसुलर)

सी.जी.-डी.एल.-सा.-06062022-236336

CG-DL-W-06062022-236336

1058

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(C.P.V. DIVISION)

New Delhi, the 27th May, 2022

S.O. 517.— Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular

Officers (Oaths and fees) Act, 1948 (41 of 1048), the Central Government hereby appoints Ms. Shama Parveen,

Personal Assistant as Assistant Consular Officer in the Consulate General of India, Cape Town to perform the

consular services with effect from May 27, 2022.

[F. No. T.4330/01/2022(21)]

S.R.H FAHMI, Dy. Secy. (Consular)

रेल मंत्रालय

(रेलवे बोडव)

नई दिल्ली, 30 मई, 2022

का.आ. 518.—17.08.2006 को अजिसूजचत मुख्य वैद्युत जनरीक्षक और वैद्युत जनरीक्षक जनयम, 2006 के अिवता,

िजियों और कायों के साथ पठठत जवद्युत अजिजनयम, 2003 (2003 का 36) के खंड 162 के उप-खंड (1) द्वारा प्रित्त

िजियों का प्रयोग करते हुए, केंद्र सरकार (रेल मंत्रालय) नेिनल िाईस्ट्पीड रेल कॉपोरेिन जलजमटेड-

(एनएचएसआरसीएल) के कायवपालक जनिेिक (वैद्युत) को पूणव वैद्युत कायों और वैद्युत संस्ट्थापनाओं के जलए मुख्य वैद्युत

जनरीक्षक के रूप में जनयुि करती िै बिते दक कायवपालक जनिेिक (वैद्युत), एनएचएसआरसीएल के पास मान्यता प्राप्त

जवश्वजवद्यालय अथवा संस्ट्थान से वैद्युत इंिीजनयरी अथवा उसके समकक्ष जडग्री िो और वैद्युत इंिीजनयरी के कायव में कम-से-

कम 20 वर्व की अवजि के जलए जनयजमत रूप से जनयुि िो, जिसमें से कम-से-कम िो वर्व वैद्युत अथवा यांजत्रक इंिीजनयरी

वकविॉप अथवा जवद्युत के उत्पािन या संचारण या जवतरण में व्यतीत दकए िो अथवा इसके अजिजनयम और जनयमों के तित

प्रिासन में दकसी उत्तरिाजयत्व वाले पि पर व्यतीत दकए िों।

उि उजल्लजखत अजिकारी केंद्रीय जवद्युत प्राजिकरण (संरक्षा और जवद्युत आपूर्तव से संबंजित उपाय) जवजनयम,

2010, समय-समय पर संिोजित, में अंतर्ववष्ट प्रदिया के अनुसार एनएचएसआरसीएल के अजिकृत क्षेत्र में वैद्युत कायों और

वैद्युत संस्ट्थापनाओं के कायों अथवा एनएचएसआरसीएल के जनयंत्रणािीन कायों और सभी वैद्युत संस्ट्थापनाओं में अपनी

िजियों का प्रयोग और कायव का जनवविन करेंगे।

[फा. सं. 2003/इलेजरर(िी)/110/1/पाटव/I]

सुजमत गगव, जनिेिक वैद्युत इंिीजनयरी (पीएस)

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

New Delhi, the 30th May, 2022

S.O. 518.—In exercise of the powers conferred by sub-section (1) of Section 162 of The Electricity Act,

2003 (36 of 2003) read with Qualification, Powers and Functions of Chief Electrical Inspector and Electrical

Inspectors Rules, 2006 notified on 17.08.2006, the Central Government (Ministry of Railways) hereby appoints

Executive Director (Electrical), National High Speed Rail Corporation Limited (NHSRCL) as Chief Electrical

Inspector for entire electrical works and electrical installations of NHSRCL subject to the conditions that Executive

Director (Electrical), NHSRCL should possess a degree in electrical engineering or its equivalent from a recognized

University or Institution and has been regularly engaged for a period of at least twenty years in the practice of

electrical engineering, of which not less than two years have been spent in an electrical or mechanical engineering

workshop or in generation or transmission or distribution of electricity, or in the administration of the Act and rules

thereunder, in a position of responsibility.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1059

The above mentioned Officer shall exercise the powers and perform his functions in respect of electrical

works and electrical installations in operation within the areas occupied by the NHSRCL or in respect of works and all

electrical installations under the control of NHSRCL as per the procedure provided in Central Electricity Authority

(Measures relating to safety and Electricity Supply) Regulations, 2010 as amended from time to time.

[F. No. 2003/Elect(G)/110/1/Pt/I]

SUMIT GARG, Director Elect. Engg. (PS)

कोयला मंत्रालय

नई दिल्ली, 27 मई, 2022

का.आ. 519.— केन्द्रीय सरकार को यि प्रतीत िोता िै दक इससे उपाबद्ध अनुसूची में वर्णवत पठरक्षेत्र की भूजम में

से कोयला अजभप्राप्त दकये िाने की संभावना िै;

और, उि अनुसूची में वर्णवत भूजम के क्षेत्र में अंतर्ववष् ट करने वाला रेखांक संख्या यूपीआरवीयूएनएल/

4(1)/योिना/रािस्ट्व/01,तारीख 24 जसतम्बर, 2018 का जनरीक्षण मुख्य इंिीजनयर का कायावलय, उत्तर प्रिेि राज्य

जवद्युत उत्पािन जनगम जलजमटेड, चौथा तल टीसी, 46/वी, यूपीएसआईडीसीओ, जवभूजत खंड, लखनऊ-226010 (उत्तर

प्रिेि) के कायावलय में अथवा मुख्य मिा प्रबन्िक (खोि प्रभाग), केन्द्रीय खान योिना और जडिाइन संस्ट्थान जलजमटेड,

गोंडवाना प्लेस, कांके रोड, रांची (झारखण्ड) के कायावलय में अथवा कोयला जनयंत्रक का कायावलय,1, काउंजसल िाउस

स्ट्रीट, कोलकाता-700001 अथवा उपायुि का कायावलय, कलरटरी कायावलय, िुमका जिला, झारखण्ड-814101 में दकया

िा सकता िै;

अतः अब, केन्द्रीय सरकार, कोयला िारक क्षेत्र (अिवन एंव जवकास) अजिजनयम 1957 (1957 का 20) (जिसे

इसमें इसके पश्चात उि अजिजनयम किा गया िै) की िारा 4 की उपिारा (1) द्वारा प्रित्त िजियों का प्रयोग करते हुए,

उि अनुसूची में वर्णवत भूजम में कोयले का पूवेक्षण करने के आपने आिय की सूचना िेती िै।

उि अनुसूची में उजल्लजखत भूजम में जितबद्ध कोई व्यजि-

(i)

उसकी िारा 4 की उपिारा (3) के अिीन की गई दकसी कारवाई से हुई या िोने वाली संभाजवत दकसी

क्षजत के जलए उि अजिजनयम की िारा 6 के अिीन प्रजतकर का िावा कर सकेगा; अथवा

(ii)

उि अजिजनयम की िारा 13 की उपिारा (1) के अिीन पूवेक्षण अनुज्ञजप्त के प्रभाविीन िोने के संबंि में या

उि अजिजनयम की िारा 13 की उपिारा (4) के अिीन खनन पट्टे के प्रभाविीन िोने के जलए प्रजतकर का

िावा कर सकेगा और उसे उि अजिजनयम की िारा 13 की उपिारा (1) के खंड (i) से खंड (iv) में

जवजनर्िवष् ट मिों की बाबत उपगत व्यय को उपिर्िवत करने के जलए पूवोि भूजम से संबंजित सभी मानजचत्रों,

चाटों और अन्य िस्ट्तावेिों को पठरित्त कर सकेगा,

इस अजिसूचना के रािपत्र के प्रकािन के तारीख से नब्बे दिन के भीतर मुख्य इंिीजनयर का कायावलय, उत्तर प्रिेि

राज्य जवद्युत उत्पािन जनगम जलजमटेड, चतुथव तल टीसी, 46/वी, यूपीएसआईडीसीओ, जवभूजत खंड, लखनऊ-226010 के

कायावलय को भेिेगें।

1060

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

अनुसूची

सिारपुर – िाम्रपानी कोयला ब् लॉक

जिला:िुमका, राज् य: झारखंड

(रेखांक संख्यांक यूपीआरवीयूएनएल/4(1)/ प्लान/रेवेन्यू/01, तारीख 24 जसतम्बर, 2018)

ि.सं.

ग्राम का नाम

पटवारी सकवल का

नाम और संख् या

तिसील

जिला

क्षेत्रफल िेर टेयर में

(लगभग)

ठटप्पजणयां

1.

कोरीगड

िगतपुर, 32

जिकारीपाड़ा

िुमका

48.53

भाग

2.

ढोलकाटा

बेनागजडया,1

जिकारीपाड़ा

िुमका

124.73

भाग

3.

पिाड़ अमचुआ

बेनागजडया, 2

जिकारीपाड़ा

िुमका

6.60

भाग

4.

जसमानीिोर

िठरपुर, 4

जिकारीपाड़ा

िुमका

40.50

भाग

5.

िलिली

िठरपुर, 5

जिकारीपाड़ा

िुमका

125.14

भाग

6.

लागलभंगा

िठरपुर, 7

जिकारीपाड़ा

िुमका

49.28

पूणव

7.

पातपिाडी

िठरपुर, 6

जिकारीपाड़ा

िुमका

47.26

पूणव

8.

पोखठरया

बेनागजडया, 4

जिकारीपाड़ा

िुमका

16.10

भाग

9.

मंझलाडीि

बेनागजडया, 6

जिकारीपाड़ा

िुमका

143.20

भाग

10.

जनझोर

बेनागजडया, 5

जिकारीपाड़ा

िुमका

87.76

पूणव

11. पिाड़पुर (िठरपुर) बेनागजडया, 13

जिकारीपाड़ा

िुमका

17.45

भाग

12.

पोडा बसठरया

बेनागजडया, 14

जिकारीपाड़ा

िुमका

16.52

भाग

13.

सरसडांगा

िठरपुर, 12

जिकारीपाड़ा

िुमका

164.44

भाग

14.

िमरुपानी

िठरपुर, 11

जिकारीपाड़ा

िुमका

179.70

भाग

15.

छोटा चापजडया

िठरपुर, 14

जिकारीपाड़ा

िुमका

2.50

भाग

16.

वडाचापजडया

िठरपुर, 15

जिकारीपाड़ा

िुमका

5.09

भाग

17.

लताकान्िर

िठरपुर, 10

जिकारीपाड़ा

िुमका

13.13

भाग

18.

मकरापिाड़ी

िठरपुर, 8

जिकारीपाड़ा

िुमका

282.93

भाग

19.

हुलासडांगा

िठरपुर, 2

जिकारीपाड़ा

िुमका

48.56

भाग

20.

महुलबना

िगतपुर, 25

जिकारीपाड़ा

िुमका

26.05

भाग

21.

जचरूडीि

िठरपुर, 3

जिकारीपाड़ा

िुमका

64.55

भाग

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1061

कुल क्षेत्रफल :-1510.02 िेर टेयर (लगभग) अथवा 3731.26 एकड़ (लगभग)

सीमा – वणवन :

1)

रेखा 1-2: रेखा कोरीगड ग्राम (थाना संख् या 04/0032) के मध् य भाग में जबन्िु '1' से प्रारंभ िोती िै, िो पूवी

दििा में मुड़ते हुए ग्राम जसमानीिोर (थाना संख् या 01/0004) से गुिरती िै और िलिली ग्राम (थाना संख् या

01/0005) के िजक्षण-पजश्चम भाग में जबन्िु '2' पर समाप् त िोती िै।

2)

रेखा 2-3: रेखा िलिली ग्राम (थाना संख् या 01/0005) के िजक्षण-पजश्चम भाग में जबन्िु '2' से प्रारंभ िोती िै, िो

उत् तरी दििा में मुड़ते हुए ग्राम जसमानीिोर (थाना संख् या 01/0004) और चीरूडीि (थाना संख् या 01/0003) से

गुिरती िै और महुलबना ग्राम (थाना संख् या 04/0025) के मध् य भाग में जबन्िु '3' पर समाप् त िोती िै।

3)

रेखा 3-4: रेखा महुलबना ग्राम (थाना संख् या 04/0025) के मध् य भाग में जबन्िु '3' से प्रारंभ िोती िै, िो उत् तर-

पूवी दििा में मुड़ते हुए ग्राम हुलासडांगा (थाना संख् या 01/0002) के मध् य भाग में जबन्िु '4' पर समाप् त िोती िै।

4)

रेखा 4-5: रेखा ग्राम हुलासडांगा (थाना संख् या 01/0002) के मध् य भाग में जबन्िु '4' से प्रारंभ िोती िै, िो पूवी

दििा में मुड़ते हुए ग्राम हुलासडांगा (थाना संख् या 01/0002) के मध् य भाग में जबन्िु '5' पर समाप् त िोती िै।

5)

रेखा 5-6: रेखा ग्राम हुलासडांगा (थाना संख् या 01/0002) के मध् य भाग में जबन्िु '5' से प्रारंभ िोती िै, िो

िजक्षण-पूवी दििा में मुड़ते हुए ग्राम मकरापिाड़ी (थाना संख् या 01/0008) के उत् तरी भाग में जबन्िु '6' पर

समाप् त िोती िै।

6)

रेखा 6-7: रेखा ग्राम मकरापिाड़ी (थाना संख् या 01/0008) के उत् तरी भाग में जबन्िु '6' से प्रारंभ िोती िै, िो

िजक्षण-पूवी दििा में मुड़ते हुए ग्राम मकरापिाड़ी (थाना संख् या 01/0008) के मध् य भाग में जबन्िु '7' पर समाप् त

िोती िै।

7)

रेखा 7-8: रेखा ग्राम मकरापिाड़ी (थाना संख् या 01/0008) के मध् य भाग में जबन्िु '7' से प्रारंभ िोती िै, िो

िजक्षण-पूवी दििा में मुड़ते हुए ग्राम िमरुपानी (थाना संख् या 01/0011) के उत् तर-पजश्चमी भाग में जबन्िु '8' पर

समाप् त िोती िै।

8)

रेखा 8-9: रेखा ग्राम िमरुपानी (थाना संख् या 01/0011) के उत् तर-पजश्चमी भाग में जबन्िु '8' से प्रारंभ िोती िै,

िो उत् तर-पूवी दििा में मुड़ते हुए ग्राम लताकान्िर (थाना संख् या 01/0010) के िजक्षण-पजश्चमी भाग में ग्राम

लताकान्िर (थाना संख् या 01/0010) और ग्राम िमरुपानी (थाना संख् या 01/0011) की सीमा के जनकट जबन्िु '9'

पर समाप् त िोती िै।

9)

रेखा 9-10: रेखा ग्राम लताकान्िर (थाना संख् या 01/0010) की िजक्षण-पजश्चमी सीमा में ग्राम लताकान्िर (थाना

संख् या 01/0010) और ग्राम िमरुपानी (थाना संख् या 01/0011) की सीमा के जनकट जबन्िु '9' से प्रारंभ िोती िै,

िो उत् तर-पूवी दििा में मुड़ते हुए ग्राम लताकान्िर (थाना संख् या 01/0010) के मध् य भाग में जबन्िु '10' पर

समाप् त िोती िै।

10)

रेखा 10-11: रेखा ग्राम लताकान्िर (थाना संख् या 01/0010) के मध् य भाग में जबन्िु '10' से प्रारंभ िोती िै,िो

िजक्षण-पूवी दििा में मुड़ते हुए ग्राम वडाचापजडया (थाना संख् या 01/0015) के िजक्षण-पूवी भाग में ग्राम

वडाचापजडया (थाना संख् या 01/0015) और छोटा चापजडया (थाना संख् या 01/0014) की सीमा के जनकट जबन्िु

'11' पर समाप् त िोती िै।

11)

रेखा 11-12: रेखा ग्राम वडाचापजडया (थाना संख् या 01/0015) के पूवी भाग में वडाचापजडया (थाना संख् या

01/0015) और छोटा चापजडया (थाना संख् या 01/0014) की सीमा के जनकट जबन्िु '11' से प्रारंभ िोती िै, िो

1062

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

िजक्षण दििा में मुड़ते हुए ग्राम सरसडांगा (थाना संख् या 01/0012) के उत् तर-पूवी भाग में जबन्िु '12' पर समाप् त

िोती िै।

12)

रेखा 12-13: रेखा ग्राम सरसडांगा (थाना संख् या 01/0012) के उत् तर-पूवी भाग में जबन्िु '12' से प्रारंभ िोती िै,

िो िजक्षण दििा में मुड़ते हुए ग्राम सरसडांगा (थाना संख् या 01/0012) के िजक्षण-पजश्चमी दििा में जबन्िु '13' पर

समाप् त िोती िै।

13)

रेखा 13-14: रेखाग्राम सरसडांगा (थाना संख् या 01/0012) के मध् य भाग में जबन्िु '13' से प्रारंभ िोती िै, िो

िजक्षण-पजश्चम दििा में मुड़ते हुए ग्राम सरसडांगा (थाना संख् या 01/0012) के िजक्षण-पजश्चमी भाग में जबन्िु '14'

पर समाप् त िोती िै।

14)

रेखा 14-15: रेखा ग्राम सरसडांगा (थाना संख् या 01/0012) के िजक्षण-पजश्चम भाग में जबन्िु '14' से प्रारंभ िोती

िै, िो िजक्षण-पूवी दििा में मुड़ते हुए ग्राम सरसडांगा (थाना संख् या 01/0012) के िजक्षण-पूवी भाग में जबन्िु '15'

पर समाप् त िोती िै।

15)

रेखा 15-16: रेखा ग्राम सरसडांगा (थाना संख् या 01/0012) के िजक्षण-पूवी भाग में जबन्िु '15' से प्रारंभ िोती िै,

िो िजक्षण-पजश्चमी दििा में मुड़ते हुए ग्राम पोडा बसठरया के उत् तर-पूवी भाग में ग्राम पोडा बसठरया (थाना

संख् या 05/0014) और ग्राम सरसडांगा (थाना संख् या 01/0012) की सीमा के जनकट जबन्िु '16' पर समाप् त िोती

िै।

16)

रेखा 16-17: रेखा ग्राम पोडा बसठरया (थाना संख् या 05/0014) के उत् तर-पूवी भाग में ग्राम पोडा बसठरया

(थाना संख् या 05/0014) और ग्राम सरसडांगा (थाना संख् या 01/0012) की सीमा के जनकट जबन्िु '16' से प्रारंभ

िोती िै, िो पजश्चमी दििा में मुड़ते हुए ग्राम पिाड़पुर (िठरपुर) (थाना संख् या 05/0013) से गुिरते हुए ग्राम

मंझलाडीि (थाना संख् या 05/0006) के पूवी भाग में जबन्िु '17' पर समाप् त िोती िै।

17)

रेखा 17-18: रेखा ग्राम मंझलाडीि (थाना संख् या 05/0006) के पूवी भाग में जबन्िु '17' से प्रारंभ िोती िै, िो

उत् तर-पजश्चमी दििा में मुड़ते हुए ग्राम मंझलाडीि (थाना संख् या 05/0006) के पजश्चमी भाग में जबन्िु '18' पर

समाप् त िोती िै।

18)

रेखा 18-19: रेखा ग्राम मंझलाडीि (थाना संख् या 05/0006) के पजश्चमी भाग में जबन्िु '18' से प्रारंभ िोती िै, िो

उत् तर-पजश्चमी दििा में मुड़ते हुए ग्राम पोखठरया (थाना संख् या 05/0004) के मध् य भाग में जबन्िु '19' पर समाप् त

िोती िै।

19)

रेखा 19-20: रेखा ग्राम पोखठरया (थाना संख् या 05/0004) के मध् य भाग में जबन्िु '19' से प्रारंभ िोती िै, िो

उत् तर-पूवी दििा में मुड़ते हुए ग्राम िलिली (थाना संख् या 01/0005) के िजक्षण-पूवी भाग में ग्राम िलिली (थाना

संख् या 01/0005) और पातपिाडी (थाना संख् या 01/0006) की सीमा के जनकट जबन्िु ‘20’ पर समाप् त िोती िै।

20)

रेखा 20-21: रेखा ग्राम िलिली (थाना संख् या 01/0005) के िजक्षण-पूवी भाग में ग्राम िलिली (थाना संख् या

01/0005) और पातपिाडी (थाना संख् या 01/0006) की सीमा के जनकट जबन्िु ‘20’ से प्रारंभ िोती िै, िो उत् तर-

पजश्चमी दििा में मुड़ते हुए ग्राम िलिली (थाना संख् या 01/0005) के मध् य भाग में जबन्िु ‘21’ पर समाप् त िोती

िै।

21)

रेखा 21-22: रेखा ग्राम िलिली (थाना संख् या 01/0005) के मध् य भाग में जबन्िु ‘21’ से प्रारंभ िोती िै, िो

िजक्षणी-पजश्चमी दििा में मुड़ते हुए ग्राम िलिली (थाना संख् या 01/0005) के िजक्षणी-पजश्चमी भाग में जबन्िु ‘22’

पर समाप् त िोती िै।

22)

रेखा 22-23: रेखा ग्राम िलिली (थाना संख् या 01/0005) के िजक्षणी-पजश्चमी भाग में जबन्िु ‘22’ से प्रारंभ िोती

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1063

िै, िो िजक्षणी-पजश्चमी दििा में मुड़ते हुए ग्राम ढोलकाटा (थाना संख् या 05/0001) के पूवी भाग में जबन्िु ‘23’ पर

समाप् त िोती िै।

23)

रेखा 23-24: रेखा ग्राम ढोलकाटा (थाना संख् या 05/0001) के पूवी भाग में जबन्िु ‘23’ से प्रारंभ िोती िै, िो

िजक्षणी-पजश्चमी दििा में मुड़ते हुए ग्राम पिाड़ अमचुआ (थाना संख् या 05/0002) के उत् तर-पूवी भाग में जबन्िु

‘24’ पर समाप् त िोती िै।

24)

रेखा 24-25: रेखा ग्राम पिाड़ आमचुआ (थाना संख् या 05/0002) के उत् तर-पूवी भाग में ग्राम ढोलकाटा (थाना

संख् या 05/0001) और ग्राम पिाड़ अमचुआ (थाना संख् या 05/0002) की सीमा के जनकट जबन्िु ‘24’ से प्रारंभ

िोती िै, िो उत् तर-पजश्चमी दििा में मुड़ते हुए ग्राम कोरीगड (थाना संख् या 04/0032) के मध् य भाग में जबन्िु ‘25’

पर समाप् त िोती िै।

25)

रेखा 25-1: रेखा ग्राम कोरीगड (थाना संख् या 04/0032) के मध् य भाग में जबन्िु ‘25’ से प्रारंभ िोती िै, िो

उत् तरी दििा में मुड़ते हुए ग्राम कोरीगड (थाना संख् या 04/0032) के उत् तर-पजश्चमी भाग में जबन्िु ‘1’ पर समाप् त

िोती िै।

[फा. सं. 43015/16/2018- एलएएण्डआईआर]

राम जिरोमजण सरोि, उप सजचव

MINISTRY OF COAL

New Delhi, the 27th May, 2022

S.O. 519.—Whereas, it appears to the Central Government that coal is likely to be obtained from the land in

the locality described in the Schedule annexed hereto;

And, whereas, the plan bearing number UPRVUNL /4(1) /Plan / Revenue /01, dated the 24th September,

2018 containing details of the area of land described in the said Schedule may be inspected at the office of the Chief

Engineer, New Coal Block, Uttar Pardesh Rajya Vidyut Utpadan Nigam Limited, 4th Floor, TC 46/V, UPSIDCO,

Vibhuti Khand, Gomti Nagar, Lucknow- 226010 (Uttar Pradesh) or at the office of the Chief General Manager

(Exploration Division), Central Mine Planning and Design Institute Limited, Gondwana Place, Kanke Road, Ranchi

(Jharkhand) or at the office of the Coal Controller, 1, Council House Street, Kolkata-700001 or at the office of the

District Commissioner, Collectorate Office, Dumka District, Jharkhand-814101;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas

(Acquisition and Development) Act, 1957 (20 of 1957), (hereinafter referred to as the said Act), the Central

Government hereby gives notice of its intention to prospect for coal in the land described in the said Schedule.

Any person interested in the land described in the said Schedule may -

(i)

claim compensation under section 6 of the said Act for any damage caused or likely to be caused by any

action taken under sub-section (3) of section 4 of the said Act; or

(ii)

claim compensation under sub-section (1) of section 13 of the said Act in respect of prospecting license

ceasing to have effect or under sub-section (4) of section 13 of the said Act for mining lease ceasing to

have effect and deliver all maps, charts and other documents relating to the aforesaid land to show the

expenditure incurred in respect of items specified in clauses (i) to (iv) of sub- section (1) of section 13 of

the said Act thereof,

to the office of the Chief Engineer, New Coal Block, Uttar Pardesh Rajya Vidyut Utpadan Nigam Limited, 4th

Floor, TC 46/V, UPSIDCO, Vibhuti Khand, Gomti Nagar, Lucknow- 226010 (Uttar Pradesh) within a period of

ninety days from the date of publication of this notification.

1064

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

SCHEDULE

Saharpur – Jamarpani Coal Block

District Dumka, Jharkhand

[Plan bearing number UPRVUNL/4(1)/Plan/Revenue/1, dated the 24th September, 2018]

Serial

number

Name of

village

Patwari circle name

and number

Tahesil

District

Area in hectares

(approximately)

Remarks

1.

Kaurigarh

Jagatpur,32

Shikaripada

Dumka

48.53

Part

2.

Dholkata

Benagadia, 1

Shikaripada

Dumka

124.73

Part

3.

Pahar Amchua

Benagadia, 2

Shikaripada

Dumka

6.60

Part

4.

Simanijor

Haripur, 4

Shikaripada

Dumka

40.50

Part

5.

Daldali

Haripur, 5

Shikaripada

Dumka

125.14

Part

6.

Langalbhanga

Haripur, 7

Shikaripada

Dumka

49.28

Full

7.

Patpahari

Haripur, 6

Shikaripada

Dumka

47.26

Full

8.

Pokharia

Benagadia, 4

Shikaripada

Dumka

16.10

Part

9.

Majhiladih

Benagadia, 6

Shikaripada

Dumka

143.20

Part

10.

Nijhor

Benagadia, 5

Shikaripada

Dumka

87.76

Full

11.

Paharpur (Haripur)

Benagadia, 13

Shikaripada

Dumka

17.45

Part

12.

Porabansri

Benagadia, 14

Shikaripada

Dumka

16.52

Part

13.

Sarasdanga

Haripur, 12

Shikaripada

Dumka

164.44

Part

14.

Jamropani

Haripur, 11

Shikaripada

Dumka

179.70

Part

15.

Chhota Chapiria

Benagadia, 14

Shikaripada

Dumka

2.50

Part

16.

Bara Chapiria

Haripur, 15

Shikaripada

Dumka

5.09

Part

17.

Lata Kandar

Haripur, 10

Shikaripada

Dumka

13.13

Part

18.

Makrapahari

Haripur, 8

Shikaripada

Dumka

282.93

Part

19.

Hulasdanga

Haripur, 2

Shikaripada

Dumka

48.56

Part

20.

Mahulbana

Jagatpur, 25

Shikaripada

Dumka

26.05

Part

21.

Chirudih

Haripur, 3

Shikaripada

Dumka

64.55

Part

Total area : 1510.02 hectares (approximately) or 3731.26 acres (approximately).

Boundary Description :

1.

Line 1-2: The line starts at point ‘1’ in the middle part of the Kaurigarh village (Thana number 04/0032)

trending in easterly direction passing through village Simanijor (Thana number 01/0004) and ends at point

‘2’ in the south west part of Daldali village (Thana number 01/0005).

2.

Line 2-3: The line starts at point ‘2’ in the south west part of Daldali village (Thana number 01/0005)

trending in northerly direction passing through village Simanijor (Thana number 01/0004) and Chirudih

(Thana number 01/0003) and ends at point ‘3’ in the middle part of Mahulbana village (Thana number

04/0025).

3.

Line 3-4: The line starts at point ‘3’ in the middle part of Mahulbana village (Thana number 04/0025)

trending in north-easterly direction and ends at point ‘4’ in the middle part of Hulasdanga village (Thana

number 01/0002).

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1065

4.

Line 4-5: The line starts at point ‘4’ in the middle part of Hulasdanga village (Thana number 01/0002)

trending in easterly direction and ends at point ‘5’ in the middle part of Hulasdanga village (Thana number

01/0002).

5.

Line 5-6: The line starts at point ‘5’ in the middle part of Hulasdanga village (Thana number 01/0002)

trending in south-easterly direction and ends at point ‘6’ in the northern part of Makrapahari village (Thana

number 01/0008).

6.

Line 6-7: The line starts at point ‘6’ in the northern part of Makrapahari village (Thana number 01/0008)

trending in south-easterly direction and ends at point ‘7’ in the middle part of Makrapahari village (Thana

number 01/0008).

7.

Line 7-8: The line starts at point ‘7’ in the middle part of Makrapahari village (Thana number 01/0008)

trending south-easterly direction and ends at point ‘8’ in the north-west part of Jamropani village (Thana

number 01/0011).

8.

Line 8-9: The line starts at point ‘8’ in the north-western part of Jamropani village (Thana number 01/0011)

trending north-easterly direction and ends at point ‘9’ in the south western part of Lata Kandar village

(Thana number 01/0010) close to the village boundary of Lata Kandar village (Thana number 01/0010) and

Jamropani village (Thana number 01/0011).

9.

Line 9-10: The line starts at point ‘9’ in the south western boundary of Lata Kandar village (Thana number

01/0010) close to the village boundary of Lata Kandar village (Thana number 01/0010) and Jamropani

village (Thana number 01/0011) trending north-easterly direction and ends at point ‘10’ in the middle part of

Lata Kandar village (Thana number 01/0010).

10.

Line 10-11: The line starts at point ‘10’ in the middle part of Lata Kandar village (Thana number 01/0010)

trending south-easterly direction and ends at point ‘11’ in the south-eastern part of Bara Chapiria (Thana

number 01/0015) close to the village boundary of Bara Chapiria (Thana number 01/0015) and Chhota

Chapiria (Thana number 01/0014).

11.

Line 11-12: The line starts at point ‘11’ in the eastern part of Bara Chapiria (Thana number 01/0015)close to

the village boundary of Bara Chapiria (Thana number 01/0015) and Chota Chapiria (Thana number 01/0014)

trending southerly direction and ends at point ‘12’ in the north-eastern part of Sarasdanga village (Thana

number 01/0012).

12.

Line 12-13: The line starts at point ‘12’ in the north-eastern part of Sarasdanga village (Thana number

01/0012) trending south-westerly direction and ends at point ‘13’ in middle part of Sarasdanga village

(Thana number 01/0012).

13.

Line 13-14: The line starts at point ‘13’ in the middle part of Sarasdanga village (Thana number 01/0012)

trending south-westerly direction and ends at point ‘14’ in the south-western part of Sarasdanga village

(Thana number 01/0012).

14.

Line 14-15: The line starts at point ‘14’ in the south-western part of Sarasdanga village (Thana number

01/0012) trending south-easterly direction and ends at point ‘15’ in the south-eastern part of Sarasdanga

village (Thana Number 01/0012).

15.

Line 15-16: The line starts at point ‘15’ in the south-eastern part of Sarasdanga village (Thana number

01/0012) trending south-westerly direction and ends at point ‘16’ in the north-eastern part of Porabansri

village close to the village boundary of Porabansri village (Thana number 05/0014) and Sarasdanga village

(Thana number 01/0012).

16.

Line 16-17: The line starts at point ‘16’ in the north-eastern part of Porabansri village (Thana number

05/0014) close to the village boundary of Porabansri village (Thana number 05/0014) and Sarasdanga village

(Thana number 01/0012) trending westerly direction passing through Paharpur (Haripur) village (Thana

number 05/0013) and ends at point ‘17’ in the eastern part of Majhiladih village (Thana number 05/0006).

17.

Line 17-18: The line starts at point ‘17’ in the eastern part of Majhiladih village (Thana number 05/0006)

trending north-westerly direction and ends at point ‘18’ in the western part of Majhiladih village (Thana

number 05/0006).

18.

Line 18-19: The line starts at point ‘18’ in the western part of Majhiladih village (Thana number 05/0006)

trending north-westerly direction and ends at point ‘19’ in the middle part of Pokharia village (Thana number

05/0004).

1066

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

19.

Line 19-20: The line starts at point ‘19’ in the middle part of the Pokharia village (Thana number 05/0004)

trending north-easterly direction and ends at point ‘20’ in the south-eastern part of Daldali village (Thana

number 01/0005) close to the village boundary of Daldali village (Thana number 01/0005) and Patpahari

village (Thana number 01/0006).

20.

Line 20-21: The line starts at point ‘20’ in the south-eastern part of Daldali village (Thana number 01/0005)

close to the village boundary of Daldali village (Thana number 01/0005) and Patpahari village (Thana

number 01/0006) trending north-westerly direction and ends at point ‘21’ in the middle part of Daldali

village (Thana number 01/0005).

21.

Line 21-22: The line starts at point ‘21’ in the middle part of Daldali village (Thana number 01/0005)

trending south-westerly direction and ends at point ‘22’ in the south-western part of Daldali village (Thana

number 01/0005).

22.

Line 22-23: The line starts at point ‘22’ in the south-western part of Daldali village (Thana number 01/0005)

trending south-westerly direction and ends at point ‘23’ in the eastern part of Dholkata village (Thana

number 05/0001).

23.

Line 23-24: The line starts at point ‘23’ in the eastern part of Dholkata village (Thana number 05/0001)

trending south-westerly direction and ends at point ‘24’ in the north-eastern part of Pahar Amchua village

(Thana number 05/0002).

24.

Line 24-25: The line starts at point ‘24’ in the north-eastern part of Pahar Amchua village (Thana number

05/0002) close to village boundary of Dholkata village (Thana number 05/0001) and Pahar Amchua village

(Thana number 05/0002) trending north-westerly direction and ends at point ‘25’ in the middle part of

Kaurigarh village (Thana number 04/0032).

25.

Line 25-1: The line starts at point ‘25’ in the middle part of Kaurigarh village (Thana number 04/0032)

trending northerly direction and ends at point ‘1’ in the north-western part of Kaurigarh village (Thana

number 04/0032).

[F. No. 43015/16/2018-LA&IR ]

RAM SHIROMANI SAROJ, Dy. Secy.

श्रम और रोिगार मंत्रालय

नई दिल्ली, 25 मई, 2022

का.आ. 520.—औद्योजगक जववाि अजिजनयम, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्रीय

सरकार प्रबंि जनिेिक, दिल्ली मेरो रेल कॉपोरेिन (DMRC) मेरो भवन, फायर जिगेड लेन, बाराखंभा रोड,नई दिल्ली,

प्रबंि जनिेिक, ए 2िेड इंफ्रासर्ववस जलजमटेड, ओ-116, पिली मंजिल, िॉपपंग मॉल, डीएलएफ जसटी फेि-1, गुड़गांव

(िठरयाणा), के प्रबंितंत्र के संबद्ध जनयोिकों और श्री प्रमोि कुमार, अनुरक्षण एवं सेवा कमवचारी संघ, डी-4, आचायव

जनकेतन, मयूर जविार, फेि-1 नई दिल्ली, के बीच अनुबंि में जनर्िवष्ट केन्द्रीय सरकार औद्योजगक अजिकरण- सि- श्रम

न्यायालय-1 नई दिल्ली के पंचाट (संिभव संख्या 139/2018) को िैसा दक अनुलग्नक में दिखाया गया िै, प्रकाजित करती

िै िो केन्द्रीय सरकार को सॉफ्ट कॉपी के साथ 23.05.2022 को प्राप्त हुआ था l

[सं. एल-42011/184/2017- आईआर (डीयू)]

डी. के. जिमांिु, अवर सजचव

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1067

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 25th May, 2022

S.O. 520.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 139/2018) of the Central Government Industrial Tribunal cum

Labour Court - I New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to

The Managing Director, Delhi Metro Rail Corporation (DMRC), Metro Bhawan, Fire Brigade Lane, Barakhamba

Road, New Delhi; The Managing Director, A2Z Infraservice Limited, O-116, First Floor, Shopping Mall, DLF City

Phase-1, Gurgaon (Haryana), and Shri Pramod Kumar, Maintenance and services Employees Union, D-4, Acharya

Niketan, Mayur Vihar, Phase-1 New Delhi, which was received along with soft copy of the award by the Central

Government on 23.05.2022.

[No. L-42011/184/2017-IR(DU)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL–CUM- LABOUR COURT-I, New Delhi

Present: Smt. Parnita Mohanty

ID. NO.139/2018

Sh. Pramod Kumar

Maintenance and services Employees Union,

D-4, Acharya Niketan, Mayur Vihar, Phase-1

New Delhi-110091

…Workman

Versus

1.

The Managing Director

Delhi Metro Rail Corporation (DMRC)

Metro Bhawan, Fire Brigade Lane

Barakhamba Road, New Delhi

New Delhi-110001.

2.

The Managing Director

A2Z Infraservice Limited

O-116, First Floor, Shopping Mall,

DLF City Phase-1, Gurgaon, Haryana

Gurgaon (Haryana)-122002

…Management

AWARD

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

L-42011/184/2017-IR(DU) of dated 22/02/2018 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. Pramod Kumar employed as BMS operator from 01.10.2013 to

28.04.2015, have been terminated illegally and/or unjustifiable from the establishment of DMRC by its

management and if so, what relief is the workman entitled to and what directions are necessary in this

respect?”

2.

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

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

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

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

3.

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

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

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

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

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

adjudication of the reference on merits.

1068

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

4.

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

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

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

publication.

PRANITA MOHANTY, Presiding Officer

नई दिल्ली, 25 मई, 2022

का.आ. 521.—औद्योजगक जववाि अजिजनयम, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्रीय

सरकार उप. मिाप्रबंिक (एचआर), भारती एयरटेल जलजमटेड, सी-पवंग, एयरटेल सेंटर, प्लॉट नंबर 16, उद्योग जविार,

चरण- IV, गुड़गांव, अल्काटेल ल्यूसेंट नेटवकव मैनेिमेंट सर्ववस इंजडया जलजमटेड, 15वीं मंजिल, टॉवर-सी, डीएलसी,

साइबर ग्रीन, डीएलएफ जसटी, फेि-III, गुड़गांव, के प्रबंितंत्र के संबद्ध जनयोिकों और श्री िमेंद्र कुमार, कामगार, के

बीच अनुबंि में जनर्िवष्ट केन्द्रीय सरकार औद्योजगक अजिकरण- सि- श्रम न्यायालय-2 नई दिल्ली के पंचाट (संिभव संख्या

111/2020) को िैसा दक अनुलग्नक में दिखाया गया िै, प्रकाजित करती िै िो केन्द्रीय सरकार को सॉफ्ट कॉपी के साथ

23.05.2022 को प्राप्त हुआ था l

[सं. एल-42025/07/2022-14-आईआर (डीयू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 25th May, 2022

S.O. 521.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 111/2020) of the Central Government Industrial Tribunal cum

Labour Court - II New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to

The Dy. General Manager (HR), Bharti Airtel Ltd., C-Wing, Airtel Centre, Plot No. 16, Udyog Vihar,Phase-IV,

Gurgaon, ;.Alcatel Lucent Network Management Service India Ltd.; 15th Floor, Tower-C, DLC, Cyber Green, DLF

City, Phase –III, Gurgaon, and Shri Dharmendra Kumar, worker which was received along with soft copy of the

award by the Central Government on 23.05.2022.

[No. L-42025/07/2022-14-IR(DU)]

D. K.HIMANSHU, Under Secy.

ANNEXURE

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

Present: Smt. Pranita Mohanty

ID.NO.111/2020

Shri. Dharmendra Kumar, S/o Sh. Raj Pal Singh,

Aryapuri Flawada Road bhud, Near Vandana Bal,

Siksha Niketan Khatauli, District-Muzaffar Nagar,

Uttar Pradesh-251201.

…Workman

Versus

The Dy. General Manager (HR)

Bharti Airtel Ltd.,

C-Wing, Airtel Centre, Plot No. 16, Udyog Vihar,

Phase-IV, Gurgaon -122008.

2.Alcatel Lucent Network Management Service India Ltd.,

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1069

15th Floor, Tower-C, DLC, Cyber Green, DLF City,

Phase –III, Gurgaon -122004.

… Management

AWARD

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

D-838/A/2020/06/IRDDN Dy. CLC(C), Dehradun, dated 27.02.2020 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:

“Whether the termination of the services of Sh. Dharmendra Kunar S/o sh. Raj Pal Singh, Muzaffar Nagar,

engaged in Bharti Airel Limited, Gurgaon and thereafter through M/s Alcatel-Lucent Network Management

Service India Ltd., Gurgaon is legal and justified?’’

If not, whether the workman is entitled for regularization /reinstatement of his service in the said Estb. Or

else what relief /remedies, the concerned workman is entitled to ?”

2.

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

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

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

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

3.

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

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

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

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

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

adjudication of the reference on merits.

4.

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

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

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

publication.

PRANITA MOHANTY, Presiding Officer

नई दिल्ली, 25 मई, 2022

का.आ. 522.—औद्योक्तिक क्तववाद अक्तधक्तनयम, 1947(1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय

सरकार मेससस आशा इंटरप्राइजेज प्रा. क्तलक्तमटेड कैलाश के पूवस अनुपम स्वीट संत निर बेसमेंट के पास, नई ददल्ली , के

प्रबंधतंत्र के संबद्ध क्तनयोजकों और श्री ददवाकर राय और 1 अन्द्य, कामिार, के बीच अनुबंध में क्तनर्दसष्ट केन्द्रीय सरकार

औद्योक्तिक अक्तधकरण- सह- श्रम न्द्यायालय-1 नई ददल्ली पंचाट(संदर्स संख्या 30/2020) को जैसा दक अनुलग्नक में ददखाया

िया है,प्रकाक्तशत करती है जो केन्द्रीय सरकार को सॉफ्ट कॉपी के साथ 06.05.2022 को प्राप्त हुआ था l

[सं. एल - L-42012/3/2020- आईआर (डीयू)]

डी.के.जिमांिु, अवर सजचव

New Delhi, the 25th May, 2022

S.O. 522.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 30/2020) of the Central Government Industrial Tribunalcum

Labour Court - I New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to

The M/s AshaInterprises Pvt. Ltd.Near Anupam Sweet Sant Nagar Basement, East of Kailash, New Delhi, and

Shri Divakar Ray &1 others, worker, which was received along with soft copy of the award by the Central

Government on 06.05.2022.

[No. L-42012/3/2020 -IR(DU)]

D.K. HIMANSHU, Under Secy.

1070

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

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

New Delhi

Present: Smt. Pranita Mohanty

ID.NO. 30/2020

Sh. Divakar Ray &1 others

Rept. By Delhi Employees Union, W-4,

Near Kalkaji Bus Depo,

New Delhi-110019

…Workman

Versus

M/s AshaInterprises Pvt. Ltd.

Near Anupam Sweet Sant Nagar Basement

East of Kailash,

New Delhi-110065

….Management

AWARD

In the present case, a reference was received from the appropriate Government vide letter

No. L-42012/3/2020-IR (DU) dated 13/02/2020 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. Divakar Ray and Shri Sapan Ray, were terminated on 30.01.2018

in an illegal and unjustified manner by M/s Asha Interprises Pvt. Ltd. ? “If no, whether the workman Sh.

Divkar Ray & Sapan Ray, what other relief the workman is entitled to?”

2.

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

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

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

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

3.

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

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

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

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

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

adjudication of the reference on merits.

4.

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

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

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

publication.

PRANITA MOHANTY, Presiding Officer

नई दिल्ली, 25 मई, 2022

का.आ. 523.—औद्योक्तिक क्तववाद अक्तधक्तनयम 1947(1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय सरकार

मेससस र्ारती एयरटेल सर्वसेज क्तलक्तमटेड, द्वारा प्रबंधक/क्तनदेशक, अरावली दिसेंट, प्रथम नेल्सन मंडेला रोड, वसंत कुंज,

चरण- II, नई ददल्ली,के प्रबंधतंत्र के संबद्ध क्तनयोजकों और श्री मंसूब अली, कामिार, के बीच अनुबंध में क्तनर्दसष्ट केन्द्रीय

सरकार औद्योक्तिक अक्तधकरण- सह- श्रम न्द्यायालय-1 नई ददल्ली पंचाट(संदर्स संख्या 78/2014) को जैसा दक अनुलग्नक में

ददखाया िया है,प्रकाक्तशत करती है जो केन्द्रीय सरकार को सॉफ्ट कॉपी के साथ 25.05.2022 को प्राप्त हुआ था l

[सं. एल- 42025/07/2022-12- आईआर (डीयू)]

डी.के.जिमांिु, अवर सजचव

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1071

New Delhi, the 25th May, 2022

S.O. 523.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 78/2014) of the Central Government Industrial Tribunalcum

Labour Court - I New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation to

M/s Bharti Airtel Services Limited,Through its Manager/Director,Aravali Crescent,1st Nelson Mandela

Road,Vasant Kunj, Phase-II,New Delhi, and Shri Mansoob Ali, worker which was received along with soft copy

of the award by the Central Government on 25.05.2022.

[No. L- 42025/07/2022-12-IR(DU)]

D.K. HIMANSHU, Under Secy.

ANNEXURE

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

Present: Smt. Pranita Mohanty, Presiding Officer,

C.G.I.T.-Cum-Labour Court-I, New Delhi.

INDUSTRIAL DISPUTE CASE NO. 78/2014

Date of Passing Award- 12.04.2022

Between:

Shri Mansoob Ali,

S/o Shri Mehboob Ali,

R/o 341/37, Zakir Nagar,

New Delhi-110025

…Workman

Versus

M/s Bharti Airtel Services Limited,

Through its Manager/Director,

Aravali Crescent,

1st Nelson Mandela Road,

Vasant Kunj, Phase-II,

New Delhi-10070

….Management

Appearances:-

Ms. H R Sharma

...For the claimant.

(A/R)

Shri Kartik Bhardwaj

…For the Management

(A/R)

AWARD

This is an application filed u/s 2A of the Id Act by the claimant challenging his termination of service by the

management as illegal and seeking the relief of reinstatement into service, payment of back wages and compensation.

In the claim petition the claimant has stated that he was employed with M/s Bharti Airtel Services Limited at

Aravali Criscent Vasant Kunj Phase II New Delhi as a F R Engineer Band SI w.e.f 25.09.2007. His last drawn salary

was Rs. 10000 per month. While the matter stood thus, in the month of March 2010 the management M/s Bharti Airtel

Services Limited was amalgamated with M/s Alcatel. Unfortunately the claimant fell ill and was under medical care at

Lion Hospital and Moolchand Hospital from 29.11.2008 to 17.12.2008. His absence was duly intimated to the

management and as per the prevailing practice and rules of the company medical leave was sanctioned in his favour

and the treatment expenditures were sanctioned by the Insurance company after verifying his employment and leave

status. After treatment the claimant reported for duty on 18.08.2008 but the management refused to take him on duty

and informed that his service has been terminated for unauthorized absence. The workman made several visits to the

office of the management requesting to take him back into service. He also requested for an experience certificate and

release letter which too was refused. On the contrary he was forced to sign several blank papers including a letter of

resignation without settling the account and clearing the dues of the claimant. This was so done in connivance of the

management with other companies to remove substantial number of employees from employment. Though the

medical reimbursement was allowed and the medical leave was granted the management took a wrong view of the

1072

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

matter and illegally terminated his service. Finding no other way the claimant workman served a legal notice on the

management on 08.07.2009. The notice though was received, the management least bothered to reply the same. The

workman became a victim of the situation and filed a civil suit bearing no. 676 of 2010 before the Senior Civil Judge

Delhi. Later on the said suit was withdrawn by the claimant on 20.05.2011 and the court granted him liberty to

approach the appropriate forum. The workman thereafter filed a claim petition before the labour commissioner Hari

Nagar New Delhi which was disposed of on the ground of lack of jurisdiction. The claimant then approach the Chief

Labour Commissioner Delhi where a conciliation proceeding was initiated. Since, no conciliation could be effected

and 45 days elapsed, the claimant came up with the present petition seeking the relief of reinstatement, back wages

and compensation for the act of illegal termination of his service by the management.

Being served with the notice the management M/s Bharti Airtel Services Limited filed WS. In the said WS

the management admitted that the claimant was in the service of the management till he voluntarily left the service on

receipt of full and final settlement of the dues. The management has pleaded that the claimant has misrepresented the

fact before the tribunal to derive some illegal benefits. It has been admitted that M/s Bharti Airtel Services Limited

amalgamated with M/s Lucent Network Management Service Limited in the month of March 2010. The company

directed and deputed some of its employees to work in the new company. However, the workman was not included in

the said list for his resignation and processing of his financial benefits in full and final settlement of the dues. An

amount of Rs. 4069.75/- was paid to the claimant towards final settlement. The management has denied that on

account of the business policy the service of the claimant was terminated, but the claimant himself left the service of

the management after taking his full and final dues. Thus, the management has emphatically pleaded that the service

of the claimant was never terminated and as such the question of illegal termination doesn’t arise. The other stand of

the management is that the claimant is not unemployed on account of termination of service. Rather he had left the

service of the management after receiving full and final settlement and for a better carrier. The stand of the claimant

that injustice was done to him for the illegal termination rendering him jobless is illegal. Thereby the management has

pleaded for dismissal of the claim.

The claimant filed replication stating therein that the stand taken by the management is false. It is also denied

that the claimant voluntarily left the service of the management for the better prospect after receiving the full and final

settlement. It has been stated that the management forcibly stopped the claimant from doing his services which

amounts to termination of service. The claimant has specifically denied about the settlement of claim between him and

the management. The other stand of the claimant is that the management is alleging falsely about his gainful

employment. Infact the claimant is now jobless.

On these rivals pleading the following issues were framed for adjudication.

ISSUES

1. Whether the service of the claimant has been terminated illegally as alleged.

2. Whether the claimant was ill during the period 29.11.2008 to 17.12.2008.

3. Whether the claimant had voluntarily left the service after receiving full and final settlement.

To substantiate their respective stand the claimant testified as WW1 and proved a series of documents marked as

exhibit WW1/1 to WW1/26. Besides that the claimant also examined another witness namely Rajesh Singh. These

documents include the correspondences made between the claimant and the management, the letter of appointment

issued by the management and the documents showing sanction of medical leave and sanction of the expenses for

reimbursement. The other witness examined by the claimant as WW2 is an employee of Raksha Health Insurance

TPA Pvt. Ltd. who has testified to the effect that a medical insurance was issued to the claimant and after perusal of

the documents produced by him the claim was settled. The document has been proved as WW2/M1. Similarly one of

the officer of the management testified as MW1 and produced few documents. 2 documents which have already been

marked as WW1/7 and WW1/8 are relied by him to prove that the claimant had left the service voluntarily after

receiving full and final settlement.

At the outset of the argument the Ld. A/R for the management submitted that the claimant since has alleged

illegal termination of his service leaving him jobless, the entire burden lies on him to prove the allegations. But the

claimant has not filed and document to prove that his service was terminated by the management and no evidence has

been placed on record to prove that the action of the management has rendered him jobless. Describing the claim as

false and frivolous the Ld. A/R for the management submitted that the claim is liable to be rejected for suppression of

material facts. The counter argument of the claimant is that this is a typical case of unfair labour practice and

victimization of the claimant in the hands of a mighty employer. It is not the claimant who is suppressing the facts but

the management is guilty of misleading the tribunal by suppressing material facts. Thus, on behalf of the claimant it is

argued that the burden has been properly discharged by the claimant and the primary burden being discharged the

same shifts on to the management and in this case the management has miserably failed to discharge the said burden

to prove that the claimant left the service after full and final settlement and he is gainfully employed.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1073

FINDINGS

ISSUE NO.2 and 3

On perusal of the statement of claim and the written statement it is evidently clear that the claimant was in the

employment of the management M/s Bharti Airtel Services Limited from 25.09.2007 to 28.11.2008. It is admitted by

both the parties that the claimant’s relationship with the management came to an end w.e.f 28.11.2008. Whereas the

claimant describes this date as the date of illegal termination the management has explained that the employer and

employee relationship between the management and the claimant came to an end on that date when the claimant

voluntarily left the job after receipt of full and final settlement. In his sworn testimony the claimant has stated that

pursuant to the amalgamation the management issued a list of employees who were directed to work in the new

company i.e M/s Alcatel Limited. The name of the claimant was not included in the said list. The witness examined

on behalf of the management who is none other than the Assistant Manager of the company has stated during his cross

examination that the name of the claimant was not included in the list as he had voluntarily left the job on receipt of

full and final settlement. He further stated that this is not a case of termination but quitting the job by the claimant.

Basing on this evidence the Ld. A/R for the management argued that the claimant since alleges termination bears the

responsibility of proving the same. By drawing attention of the tribunal to the cross examination of the claimant

recorded in this proceeding he submitted that had it been a case of termination the letter of termination would have

been served on the claimant or the claimant would have alleged the matter before the labour inspector or would have

made correspondence with the officials of the management company. The claimant during cross examination has

admitted that he never wrote letters to the management alleging the termination and requesting reinstatement, but

explained that on several occasions he met the officials personally and requested to take him into service. But his

request was never acceded to.

Now it is to be seen if the claimant has been able to prove the alleged termination on the set evidence

adduced during the proceeding.

The definition of retrenchment as has been laid down u/s 2(oo)of the Id Act means termination by the

employer of the service of the workman for any reason whatsoever, otherwise than a punishment inflicted by way of

disciplinary action and shall not include voluntarily retirement of the workman. Thus, it is now it is to be seen if the

service of the claimant was terminated by the employer. Admittedly the claimant was not served with any letter of

termination or notice of termination. It is also not the case of the claimant that termination compensation was paid to

him. It is also not disputed that the claimant had not made any representation to the management requesting

reinstatement into service. The cessation of employer and employee relationship between the parties w.e.f 28.11.2008

is admitted by both the parties. The claimant in his statement on oath has stated that he never requested for

reinstatement as the termination in the formal sense never happened. Though, he went on requesting orally for work,

the same was not accepted. The management has on the contrary pleaded about the voluntary quitting of the job.

Admittedly the management is a big company having a wide network of service. As such it is expected of the

management to maintain all kind of record in respect of its employees. In this case the claimant has successfully

discharged the primary burden to the effect that his employee relationship with the management came to an end w.e.f

28.11.2008 when the management refused to take him into service. Thus, now it is incumbent upon the management

to prove if the said severance of status was for termination of service or for the voluntarily quitting by the claimant.

Besides examining one of the Assistant Manager as a witness the management has produced the salary slip of the

claimant for the month of November 2008 and another computer generated calculation sheet in which at the top it has

been mentioned as the full and final settlement of the claimant. These documents marked as WW1/7 and WW1/8 by

the claimant has been accepted by the management and confronted to the claimant. Besides these document no other

paper has been placed on record by the management. It is the stand of the management that when the company Bharti

Airtel merged with another company the claimant opted out of the employment for a better prospect and received the

full and final settlement. But surprisingly no document has been placed to make this tribunal believe that before

payment of full and final settlement a formal decision to that effect was taken by the management. It is surprising to

note that the management though throughout pleaded and argued about payment of some amount towards full and

final settlement, during cross examination the claimant was asked whether he received 4069.75/-towards net salary

payable. Of course the claimant gave an indecisive statement about the same. But that will not exonerate the

management of its responsibility of proving that the full and final settlement amount was paid to the claimant. The

document having the caption full and final settlement only reveals that Rs. 4069.75/- was paid to the claimant for net

salary payable. The rest part of the document is with regard to the income tax calculation. This document nowhere

shows that the amount paid to the claimant on 29.11.2008 was towards full and final settlement. In this document

though 29.11.2008 has been shown as the date of resignation, no document or evidence to that effect has been filed by

the management. The oral evidence of the management witness about the voluntary quitting of the claimant cannot be

accepted as proof since the companies like Bharti Airtel is supposed to maintain detail records of the employees

working, quitting or retiring alongwith the details payable and paid to them. Thus, the stand of the management that

the claimant had voluntarily left the job after receiving full and final settlement stands disproved. These issues are

accordingly answered against the management.

1074

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

ISSUE No.1

Now it is to be seen whether the claimant’s service was illegally terminated and he was made a victim of

unfair labour practice. The management has admitted that the claimant was the permanent employee of the

management. While answering issue no.2 and3 it has already been held that the cessation of the service of the

claimant was not the case of voluntary quitting but termination. Section 25F of the ID Act clearly provides that 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 the workman has been given one month notice in writing indicating the

reason for retrenchment or the workman has been paid in lieu of the notice, wages for the period of notice and

retrenchment compensation which shall be equivalent to 15 days average pay for every completed year of continuous

service or any part thereof in access of 6 months. Here is the case where the management has admitted not to have

served retrenchment notice, notice pay in lieu of notice or the retrenchment compensation on the plea of voluntarily

quitting by the workman. But for the discussion made in the preceding paragraph and for the appreciation of both oral

and documentary evidence it is held that the management at the time of terminating the service of the claimant had

clearly violated the provisions of section 25F of the ID Act and the claimant is entitled to the compensation and relief

for the same.

During course of argument the Ld. A/R for the management advanced the stand that the claimant has been

gainfully employed and on that ground alone he is not entitled to compensation as claimed by him. He also argued that

the burden lies with the workman to prove that he is not gainfully employed and to do so he had to plead the same

specifically and adduce evidence. To support his stand he has relied upon the judgment of The Hon’ble High Court of

Delhi in the case of Thakur Singh Rawat and others vs. Jagjit Industry Limited (Manu/DE/1690/2004) and

submitted that it is always incumbent upon the workman to prove that he is not gainfully employed. This argument of

the management is again found unacceptable since, it is a common and standard procedure of law that a party

asserting existence of a particular fact bears the burden of proving the same. But a party cannot be called upon to

prove non existence of a particular fact. The claimant in this case has pleaded in the claim petition and in the rejoinder

that the action of the management in not accepting his service rendered him jobless. While deposing as a witness

under oath the claimant has also reiterated the same. Thus, the primary burden being discharged, by the claimant the

same now shifts on to the management to prove that the claimant is gainfully employed. The same view has been

taken by the Hon’ble High Court of Delhi in the case of Thakur Singh Rawat referred supra and relied upon by the

management. In paragraph 19 the Hon’ble Court have clearly stated that:-

“The state of employment or non employment of the workman is within the special knowledge of the

workman and therefore it should be his first duty to make an assertion that he was unemployed. Having so asserted in

this statement of claim he may even state on oath about his state of unemployment and nothing more is required to

prove his side of the case. It will then for the management to assert or prove if the workman was at all employed.”

In this case the claimant through his pleading and statement under oath has proved that he is unemployed.

But the management has miserably failed to prove that the workman is employed. Hence, it is concluded that the

claimant had never voluntarily quit the service of the management on receiving full and final settlement. It is also not

proved that after leaving the employment of the management he has been gainfully employed. This issue is

accordingly answered against the management.

Now the question left for decision is about the relief the claimant is entitled to. In the claim petition the

claimant has prayed for reinstatement into service with full back wages and compensation. The Ld. A/R for the

management by placing reliance in the case of General Manager Haryana Roadways vs. Rudhan Singh decided

by the Hon’ble Supreme Court of India in Appeal (Civil) 7501 of 2002 submitted that there is no rule of thumb

that in every case where the Industrial Tribunal gives a finding that the termination of service was in violation of

section 25F of the Id Act, the entire back wages should be awarded. The factors like the manner and method of

selection, and whether he was in adhoc, short term, daily wage, temporary and permanent nature, special qualification

etc should be weighed and balanced in taking a decision. He thereby argued that the claimant was in the employment

of management for 1 year and 2 months i.e. from 25.09.2007 to 28.11.2008. As such no order should be passed for the

back wage claimed.

The claimant argued that he was subjected to unfair labour practice and the management has resisted the

same. The provisions of section 2(ra) read with schedule V of the ID Act, the discharge or dismiss of a workman by

way of victimization or not in good faith but in colourable exercise of the employer’s right amounts to unfair labour

practice. The evidence in this case clearly shows that after amalgamation of Bharti Airtel with M/s Lucent Network

Management Services in March 2010 some of the employees were allowed to work in the new company whereas, the

claimant was denied and the management witness during cross examination has admitted that no reason was assigned

for his discontinuance. Thus, it is held to be a clear case of Victimization on account of unfair labour practice. Now it

is to be examined what relief the claimant can be granted. In the case of General Manager Haryana Roadways

referred supra the Hon’ble Supreme Court have held that one of the important factor which need to be considered for

grant of relief is the length of service the workman had rendered. If the workman had rendered a considerable period

of service and his service was wrongfully terminated he may be awarded full or partial back wages keeping in view

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1075

the fact that at his age and qualification he may not be in a position to get another employment. In this case the

claimant had worked for the management for 1 year and 2 months and it is not proved that he is gainfully employed.

Thus for none compliance of the provisions of section 25F he is entitled to the retrenchment compensation which shall

be equivalent to 15 days average pay for every completed year of continuous service or any part thereof in excess of 6

months which comes to 1 year service. In addition to that the claimant is also held entitled to one month notice pay.

The alleged termination happened in the year 2008 and after almost 13 years the litigation has come to an end. In the

mean time the claimant must have crossed the age of getting the employment anywhere else. Hence, he need to be

compensated for the loss of job on account of unfair labour practice meted to him.

In the case of Hari Nandan Prasad and Another vs. Employer I/R to Management FCI reported in

(2014)7 SCC 190 the Hon’ble Supreme Court have held that the power conferred upon Industrial Tribunal and Labour

Court by the Industrial Dispute Act is wide. The Act deals with Industrial Dispute, provides for conciliation,

adjudication and settlement and regulates the right of the parties and the enforcement of the awards and the settlement.

Thus, the act empowers the adjudicating authority to give relief which may not be permissible in common law or

justified under the terms of the contract between the employer and the workman. While referring to the judgment of

Bharat Bank Limited vs. Employees of the Bharat Bank Limited reported in (1950) LLJ 921 Supreme Court

the court came to hold that in setting the dispute between the employer and the workmen the function of the tribunal is

not confine to administration of justice in accordance with law. It can confer rights and privileges on either party

which it consider reasonable and proper though those may not be within the terms of any existing agreement. It can

create new rights and obligations between them which it considers essential for keeping industrial peace.

Here is a case where as indicated above the workman lost his job for the unfair labour practice and keeping

his victimization in view it is felt proper to issue a direction to the management to pay him compensation and other

statutory entitlement in lieu of reinstatement since, the company in which the claimant was working has merged with

another company in the meantime. Hence, ordered.

ORDER

The claim petition be and the same is allowed in favour of the workman. It is held that the action of the

management in terminating the service of the claimant amounts to unfair labour practice and the said termination was

made in clear violation of the provisions of section 25F of the ID Act. The management is thus, directed to pay one

month last drawn salary as the notice pay, in lieu of one month notice, pay the amount equivalent to 15 days salary for

1year of service. In addition to that the management shall pay Rs. 5,00000/- as a lumpsum compensation to the

claimant for the illegal termination of service in lieu of reinstatement and back wages. The management is further

directed to pay this amount to the claimant within 3 months from the date of the publication of the award failing which

the amount shall carry interest @9% per annum from the date of alleged illegal termination and till the final payment

is made. Send a copy of this award to the appropriate government for notification as required under section 17 of the

ID act 1947.

Dictated & Corrected by me.

PRANITA MOHANTY, Presiding Officer

नई दिल्ली, 27 मई, 2022

का.आ. 524.—औद्योगिक fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मेससव फेडरल बैंक जलजमटेड प्रबंितंत्र ds संबंि जनयोिकों vkSj muds deZdkjksa ds chp vuqca/k esa जनर्िवष्ट औद्योगिक fookn esa

dsUnzh; ljdkj vkSn~;ksfxd औद्योगिक एनावकुलम ds iapkV (lanHkZ la[;k 25/2017) dks izdkf’kr djrh gS 1

[la- ,y- 12011/18/2017- vkbZ/vkj (ch-1)]

Mh- xqgk, अवर सजचव

New Delhi, the 27th May, 2022

S.O. 524.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.25/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ernakulam as shown in the Annexure, in the industrial dispute between the management of M/s Federal Bank Ltd.

and their workmen.

[No. L-12011/18/2017– IR(B-1)]

D. GUHA, Under Secy.

1076

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

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

ERNAKULAM

Present: Shri. V .Vijaya Kumar, B. Sc, LLM, Presiding Officer.

(Friday the 20th day of May 2022, 30 Vaisakha 1944)

ID No.25/2017

Workman/Union: The General Secretary

Federal Bank Employees Union (AIBEA)

Central Office, Aluva

Ernakulam - 683101

By Adv.C. Anil Kumar

Management:

The Managing Director

M/s.Federal Bank Ltd Head Office, Aluva

Ernakulam – 683101

By M/s.B. S. Krishnan Associates

This case coming up for final hearing on 01.12.2021 and this Industrial Tribunal-cum-Labour Court on

20.05.2022 passed the following:

AWARD

1.

In exercise of the powers conferred by clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10

of Industrial Disputes Act, 1947 (Act 14 of 1947) the Government of India, Ministry of Labour by its

order No. L-12011/18/2017-IR (B-I) dated 22.08.2017 referred the following dispute for adjudication by

this Tribunal.

2.

The dispute referred is;

“Whether the action of management of the Federal Bank Ltd, Kerala in imposing the punishment of

“dismissal”, in violation of PNJs, on Sri.Prakash Kumar Pillai Typist-cum-Clerk w.e.f. 08.10.2015

is just, proper and is in proportion to the gravity of the misconduct committed by him ? If not, to

what relief the union/workman concerned is entitled to ?”

3.

The workman filed a claim statement. The workman joined the Management Bank as a Bankman. Later he

was promoted to the post of Typist cum Clerk in the Management Bank. The workman was issued with an

order dt.17.11.2014 raising certain allegations. One of the allegation was that, on 22.09.2014 when he was

working as cash teller, the workman failed to bring the cash keys and thereby made a valued customer who

visited the branch for taking gold loan, to wait till 11 AM. The customer filed a complaint against the

workman. Another misconduct alleged against the workman is that on 05.11.2014 when the Branch

Manager was returning to office around 11 AM, the workman was playing FM radio music in the branch in

loud voice. Since the loud music was causing disturbance to the customers and also other officials, the

Branch Manager directed the Assistant Manager and Banking Advisor to switch off the FM radio. The

workman without any provocation shouted at the Branch Manager in a loud voice saying that “ FM radio is

not Manager’s property, it belongs to Bank and you have no right to switch it off”. This happened in the

presence of several customers and other staff members of the branch. One of the customers, Sri.Benoit

Joseph who was present in the branch to open a new FD has given a written complaint saying that the

incident took him back and he left without opening the FD. Even after switch off the radio, the workman

continued his loud utterings inspite of the request from the Branch Manager to lower his voice and to talk in

a polite manner. The Branch Manager was also requested to the workman to discuss and sort out the issues

in the evening. On the same day at 2 PM, during lunch time, when nobody else other than the Branch

Manager and the workman were present in the branch, the workman came to the cabin of the Branch

Manager and again shouted in an arrogant manner at the Manager using words such as “ bloody fool, bastard,

barking like a dog, you are a small boy “ etc. Since the workman refused to discuss the issue with the

Branch Manager, he was issued a letter seeking his explanation. The workman tore off the letter defiantly

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1077

and challenged the Branch Manager to report the matter to higher-ups. The workman was charged with acts

of gross misconduct of doing “any act prejudicial to the interest of the Bank and willful insubordination or

disobedience of any lawful and reasonable order of the Management or of a superior” and minor misconduct

of “committing nuisance on the premises of the bank”. The Management ordered an enquiry vide order

dt.17.11.2014. The Enquiry Officer as well the Management representative were legally qualified persons.

The enquiry conducted against the workman was in violation of the principles of natural justice and fairness.

The Enquiry Officer concluded the enquiry in two sittings, held on 19.01.2015 and 20.01.2015. Five

witnesses were examined on the side of the workman to prove the allegations. Four witnesses were officers

and staff of the branch and one witness is an outsider.There were only 4 witnesses in the list of witnesses but

5 witnesses were examined to prove the charges. The documents in the enquiry were marked through

incompetent witnesses. The Management witnesses gave contradictory answers relating to the questions

regarding the incident narrated in order dt.17.11.2014. It is clear that the allegations are cooked up. One of

the complainant, Sri.Likharam pledged spurious gold ornaments in the branch and the spurious ornaments we

later replaced by him. The Manager of the branch got his signature in a letter prepared by the Management.

Sri.Likharam was not examined in the enquiry. The Management installed FM radio in the branch and

usually FM radio was played during office hours. The workman did not misbehave with the Branch Manager.

The workman had not played the FM radio as alleged. The presence of Sri.Benoit Joseph at the time of

alleged incident was a cooked up story. In his evidence, Sri.Benoit Joseph stated that he filed a complaint

later in the evening. The Branch Manager obtained the complaint to utilize the same against the workman. It

is the fact that Sri.Benoit Joseph never made any deposit in the branch or closed his account in the

Management Bank. The misbehaviour alleged against the workman during the lunch hour against the

Manager is totally incorrect. The Manager created a story to fix the workman. The workman started his

career as a sub-staff in the Bank and later got promotion to the clerical cadre. The Enquiry Officer did not

apply his mind to the contradictions in the statement made by the witnesses. The findings of the Enquiry

Officer are not based on the evidence adduced in the enquiry. The findings are perverse and unsustainable.

The Disciplinary Authority accepted the findings of the enquiry without any proper evaluation and proposed

a punishment without notice. The reply given by the workman was not considered by the Disciplinary

Authority and issued order dt.08.10.2015 confirming the punishment of dismissal without notice, on the

workman. The Appellate Authority also dismissed the appeal filed by the workman. The dismissal of the

workman without notice is totally disproportionate to the charges alleged to have been proved against the

workman. The workman is the only breadwinner for his family. As the termination was stigmatic, the

workman could not find any alternative employment.

4.

The Management filed written statement denying the above allegations. A disciplinary action was initiated

against workman when he was working as a clerk at Mira Road branch, Mumbai vide memorandum

dt.17.11.2014. It was alleged that when the workman was in charge of cash teller on 22.09.2014, one

Sri.Likharam, one of the valued customer of the Bank visited the branch at 10 AM for taking gold loan. The

workman did not bring the cash keys on the day, making the customer to wait till 11 AM and the customer

gave a written complaint to the Branch Manager against the workman. Earlier also similar incident happened

due to the careless approach of the workman. Though the workman was warned by the Branch Manager,

there was no improvement and he repeated such lapses. It was also reported that there were other incidents

of failure on the part of the workman in giving proper customer service. He has also shown reluctance in

performing functions other than cash related works. On 05.11.2014 when the Branch Manager of

Dommasandra branch was returning to office after a customer visit at around 11 AM, the workman was

playing FM radio in the branch, in a loud voice. Since it was causing disturbance to the working atmosphere,

the Branch Manager directed Sri.Venkata Koushik, Assistant Manager and Sri.Gurumurthy S., Banking

Advisor to switch off the FM radio. The workman without any provocation shouted at Branch Manager in

loud voice saying that “ FM radio is not Manager’s property, it belongs to Bank and you have no right to

switch it off.” Several customers and other staffs were present in the branch when the workman uttered

those words at the Branch Manager. Sri.Benoit joseph, one of the customer present in the branch at that

time, who had promised to open a new FD at Dommasandra branch, gave a letter to the Branch Manager

stating that the incident took him aback from continuing the account in the Bank. The workman continued

the loud shouting, though the Branch Manager requested him to lower his voice. The Branch Manager also

advised the workman to discuss issues if any, with him at 4 PM. At around 2 PM during the lunch time when

nobody else was present the workman entered the chamber of the Branch Manager and shouted in an

arrogant manner using words such as “bloody fool”, “bastard”, “barking like a dog”, “you are a small boy”

etc. Since the workman refused to discuss the issues, the Branch Manager issued a letter seeking the

explanation of the workman. The workman tore off the letter and challenged the Branch Manager to report

the matter to higher-ups. A memorandum dt.08.10.2014 was issued to the workman to show cause why

disciplinary action should not be initiated. Though he received the memorandum, he did not offer any

explanation. On an earlier occasion vide memorandum dt.05.12.2012 the workman was imposed with a

punishment of ‘Censure’ for shouting at another employee of the Bank working at Krishnarajapuram,

Bangalore branch. Though the Branch Manager advised the workman on several occasions to conduct

1078

THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

himself in a proper manner, there was no improvement. Considering the seriousness of the matter, the

workman was charged with the acts of

a.

‘doing any act prejudicial to the interest of the Bank or gross negligence or negligence involving or

likely to involve the Bank in serious loss’ and

b. ‘willful insubordination or disobedience of any lawful and reasonable order of the Management or of

a superior’ and also minor misconduct of ‘committing nuisance on the premises of the Bank’ as per

the provisions of Bipartite Settlement.

An enquiry was also ordered to examine the charges levelled against the workman. The Enquiry Officer

conducted the enquiry as per rules and strictly in accordance with the principles of natural justice. The

workman participated in the enquiry and he was permitted to defended by a defence representative of his

choice. The defence side peruse the documents and cross examined the witnesses of the Management. It is

true that there were only 4 witnesses in the list of witnesses. Subsequently the Management representative

submitted a list of witnesses and documents dt.08.12.2014, incorporating the 5th witness and the copy was

also served upon the workman which is marked as Exbt.EE 4(b). The Enquiry Officer after analysis of

evidence and materials on record, found the acts of gross misconduct of “doing any act prejudicial to the

interest of the Bank and minor misconduct of committing nuisance on the premises of the Bank’ proved.

The finding of the Enquiry Officer was forwarded to the workman and the workman filed his reply vide

letter dt.01.04.2015. After careful perusal of all the records pertaining to the enquiry and his written

submission, the Disciplinary Authority found that the charges levelled against the workman had been

convincingly proved. The allegation that the enquiry is conducted in violation of the principles of natural

justice and fairness and the documents in the enquiry were marked through incompetent witness etc., are

false and therefore denied. The workman participated in the proceedings and never raised any such plea at

the time of the enquiry.The domestic enquiry was ordered and conducted against the workman in consonance

with the provisions of Bipartite Settlement and principles of natural justice. It is not correct to say that the

findings of the Enquiry Officer are perverse and unsustainable. The claim of the workman that the

punishment imposed on him is disproportionate to the charges alleged to be proved is denied being incorrect.

The defense representative cross examined all the witnesses in detail. A copy of the report of the Enquiry

Officer dt.19.03.2015 was forwarded to the workman and he submitted his comments on 01.04.2015. After

perusing all the records, documents, depositions and submissions, the Disciplinary Authority found him

guilty of alleged acts of misconduct. After taking into account all the evidence on record, the Disciplinary

Authority proposed to impose a punishment of dismissal without notice on the workman. Before imposing

the punishment, the workman was given an opportunity of personal hearing on 16.07.2015 before the

Disciplinary Authority. After hearing the workman the Disciplinary Authority confirmed the punishment of

dismissal without notice on the workman vide his order dt.08.10.2015. The workman approached the

Appellate Authority.After careful examination of the grounds, the Appellate Authority rejected the appeal

and confirmed the punishment. The workman thereafter filed a review application. Since there was no

provision in the Bipartite Settlement for review, the same was rejected. Since the charges against the

workman had been proved in the enquiry, there is no merit in the contention that the charges leveled were

part of a cooked up story. The proven charges of shouting and using abusive language against a superior

officer and also his failure to give proper customer service, which had not been seriously disputed, are grave,

affecting the interest of the Bank. Viewed from any angle the punishment cannot be said to be

disproportionate to the charges proved in the enquiry. The workman was earlier found guilty of acts of

misconduct of ‘committing nuisance at the premises of the Bank’ and ‘failing to show proper consideration,

courtesy or attention towards officers, customers or other employees to the Bank, unseemly or unsatisfactory

behaviour

while

on

duty’

for

misbehaving

with

another

member

or

staff

of

branch

Krishnarajapuram/Bangalore while entrusting cash brought for remittance.He was imposed with a

punishment of “Censure” vide memorandum dt.05.12.2011. The Enquiry Officer after analyzing the evidence

meticulously arrived at his findings. The Disciplinary Authority also examined the evidence and the report

of the Enquiry Officer. The Disciplinary Authority after considering the gravity of the misconduct and

analyzing the mitigating circumstances imposed a punishment of ‘dismissal without notice’, which is just,

legal, valid and proportionate to the gravity of charges proved in the enquiry.

5.

The Union filed a rejoinder denying the allegations in the written statement filed by the Management. The

workman never made any loud uttering as alleged by the Management. The workman had not done any act

prejudicial to the interest of the Bank nor done any willful insubordination or disobedience of any lawful or

reasonable order of the Management. The Disciplinary Authority as well as the Appellate Authority failed

to appreciate the evidence in the enquiry and arrive at a judicious decision.

6.

After completion of the pleadings the matter was posted for examining the Enquiry Officer and marking the

enquiry file. The learned Counsels on either side agreed that the enquiry file can be marked by consent and

the same was marked as Exbt.M1. Thereafter the matter was posted for hearing on the preliminary issue

whether the enquiry was conducted in a fair and proper manner following the principles of natural justice.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1079

The Counsel for the workman pointed out that there is no serious violations in the enquiry procedure and

therefore both the Counsels agreed that the matter can be heard on merit on all the issues to be decided in the

industrial dispute.

7.

The following issues are framed to be adjudicated in this dispute.

1. Whether the disciplinary enquiry is conducted in a fair and proper manner following the principles of

natural justice?

2. Whether the finding of the Enquiry Officer and the Disciplinary Authority are based on evidence and

whether the findings are perverse and unsustainable?

3. Whether the punishment awarded on the workman is proportionate to the charges alleged and proved

against the workman ?

8.

Issue no.1

The Management issued a memorandum no.ER/D-5/PF 6901/AW 17/11746/2014 dt.17.11.2014 against the

workman alleging that he has committed acts causing customer dissatisfaction leading to customer

complaint and also that he shouted at the Branch Manager on 05.11.2014 in the presence of customers and

other staff members. The incidents leading to the above charge memo are,

1. When the workman was handling cash teller on 22.09.2014, one of its valued customers, Sri.Likharam

visited the branch at 10 AM for taking gold loan. The workman failed to bring the cash keys and had

to return to bring the keys from his house, making the customer to wait till 11 AM. The dissatisfied

customer filed a complaint with the Branch Manager.

2. On 05.11.2014 when the Branch Manager returned to the branch after a customer visit around 11 AM,

the workman was playing FM radio music in the branch in loud voice. Since the loud music was

disturbing the working of the branch, the Branch Manager directed Sri.Venkata Koushik, Assistant

Manager and Gurumurthy S., Banking Advisor to switch off the FM radio. The workman shouted at

the Branch Manager stating that “FM radio is not Manager’s property, it belongs to Bank and you

have no right to switch it off”. This incident happened infront of other Bank staff and also the

customers of the Bank. One of the customer Sri.Benoit Joseph who wanted to open a FD in the

branch left without opening the account and filed a complaint against the workman with the

Manager. Later during the lunch time, when no other staff members were in the branch, the workman

entered into the chamber of the Branch Manager and shouted abusing language against him.

The Management issued a charge memo alleging gross misconduct of ‘doing any act prejudicing the

interest of the Bank ‘ and ‘wilful insubordination or dis-obedience of any lawful and reasonable order of the

Management or of a superior’ and also the minor misconduct of ‘committing nuisance on the premises of the

Bank’ as per the provisions of the Bipartite Settlement. The Enquiry Officer issued notice to the workman

and also the Management. In the enquiry, the Enquiry Officer asked the workman whether he understood

English and needs any translator. The workman confirmed that he can understand English and therefore

proceeded with the enquiry. The Enquiry Officer also verified from the workman whether he received the

charge memo and also the list of documents and witness forwarded to him. The workman confirmed having

received the same. The Enquiry Officer also confirmed from the workman whether he read and understood

the charges in the memorandum dt.17.11.2014. The workman replied in the affirmative. The request of the

workman to engage the President of Federal Bank Employees Union to defend him was also allowed by the

Enquiry Officer. It is seen that the Management examined 5 witnesses in the enquiry and marked 8

documents. The workman and his defence assistance elaborately cross examined all the Management

witnesses. The workman did not produce any evidence in the enquiry or examine any witnesses. According

to the learned Counsel for the workman, the list of witnesses contained only 4 names but the Management

examined 5 witnesses in the enquiry. According to the learned Counsel for the Management, the list of

additional witness was given to the workman sufficiently in advance and the same is part of the Exbt.M1

enquiry file. It is also seen that the copies of the proceedings of enquiry were given to the workman by the

Enquiry Officer on every day of the proceedings. On a perusal of the Exbt.M1 enquiry file, it is seen that

the Enquiry Officer conducted the enquiry in a fair and proper manner following the principles of natural

justice.

Hence issue no.1 is decided in favour of the Management and against the workman.

9.

Issue no.2

As already pointed out, the Management examined 5 witnesses in the enquiry and marked 8 documents.

The first charge against the workman is that he committed acts causing customer dissatisfaction leading to

customer complaint. The charge memo narrates two incidents against the workman. One is an incident

regarding a complaint filed by one Sri.Likharam, one of the customers of the branch that he was made to wait

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[PART II—SEC. 3(ii)]

from 10 to 11 O’ clock for taking a gold loan from the branch on 22.09.2014 as the workman failed to bring

the cash keys of the Bank and he had to return home to bring the keys at 11 AM. The Enquiry Officer had

analyzed the evidence adduced during the enquiry to arrive at a conclusion that the charge against the

workman is proved beyond any reasonable doubt. The Enquiry Officer also found that the workman

admitted the fact that he forgot to bring the cash key on 22.09.2014 and same was brought from home only

at 11 AM. The workman only tried to discredit the witness stating that Sri.Likharam pledged spurious gold

with the Bank which was denied by MW3 in the enquiry.

10.

The second incident involves a complaint filed by Sri.Benoit Joseph, MW2 in the enquiry. He is maintaining

his account with Indiranagar Branch of the Management Bank. He came to the Dommasandra Branch to

open an FD account. He deposed in the enquiry that he saw the workman shouting at the Branch Manager

regarding the loud voice of FM radio. It is proved through a chain of evidence, in the enquiry, that the

Branch Manager of the Dommasandra branch directed the Assistant Manager and Bank Advisor to switch

off the FM radio which was playing in a loud voice. According to the witness, the workman reacted very

strongly stating that “FM radio is not Manager’s property”. It is also seen that the Management succeeded in

proving that the workman entered the chamber of the Branch Manager and abused him using words such as

“bloody fool, bastard, barking like a dog, you are a small boy” etc. It is seen that the attempt of the workman

against this charge was to discredit the independent witness Sri.Benoit Joseph, MW2 stating that he is not a

customer of Dommasandra branch and he is not a valuable customer of the branch. From the deposition of

the witness, it is seen that the workman failed to discredit any of the evidence adduced by the Management

witnesses.

11.

It is seen that the Enquiry Officer relied on valid and legal evidence to arrive at the conclusion that the

charges against the workman are proved.

12.

It is also seen that the Disciplinary Authority relied on the report of the Enquiry Officer and also

independently evaluated the evidence before arriving at the conclusion that the charges against the workman

is proved.

Hence the issue no.2 is also decided in favour of the Management and against the workman.

13.

Issue no.3

As already pointed out, the charges leveled against the workman are that he committed acts causing

customer dissatisfaction leading to customer complaint and shouted at the Branch Manager in the presence

of customers and other staff members. The above acts alleged against the workman are acts of ‘gross

misconduct doing any act prejudicial to the interest of the Bank’ and also minor misconduct of ‘committing

nuisance on the premises of the Bank’.It is already found that the enquiry against the workman was

conducted in a fair and proper manner following the principles of natural justice. It is also found that the

finding of the Enquiry Officer and Disciplinary Authority are based on proper and legal evidence.

14.

Now the only issue that remains to be answered is whether the punishment of ‘dismissal without notice’

awarded to the workman vide order no.ER/D-4/PF 6901/AW 17/255/2015 dt.08.10.2015 is proportionate to

the charges alleged and proved against the workman. According to the learned Counsel for the

Management, though Sec 11-A of ID Act gives wide discretion to the Labour Courts and Tribunal, the

discretion can be used only in cases where there is perversity or arbiterness in the finding by the Disciplinary

Authority. According to him, in the present case since the enquiry is conducted in a fair and proper manner

and the findings are based on legal evidence, this Tribunal may not interfere with the quantum of

punishment imposed on the workman by the Management. The learned Counsel for the Management relied

on the decision of the Hon'ble Supreme Court of India in Standard Chartered Bank Vs R. C. Srivastava,

Civil Appeal no.6092/2021. The facts of the above case is that the workman was charge sheeted for having

committed misconducts of alleged drunkenness within the premises of the appellant Bank and for

manhandling and assaulting the enior officers and also for hurling abuses at the Management. The

Disciplinary Authority after analyzing the evidence on record, imposed a penalty of dismissal from service of

the workman. The appropriate Govt referred the matter for adjudication and the Tribunal found that the

enquiry was held following the principles of natural justice. The Tribunal thereafter analyzed the evidence,

set aside the order of dismissal from service and directed the Management to reinstate the respondent

workman in service with full back wages. The Hon'ble High Court dismissed the writ petition filed under

Article 226 of the Constitution. The Hon'ble Supreme Court after analyzing the facts of the case held that

“ Para 19. The decision of the Labour Court should not be based on mere hypothesis. It cannot overturn

the decision of the Management on ipse dixit. Its jurisdiction U/s 11-A of the Act 1947 although is a

wide one but it must be judiciously exercised. Judicial discretion, it is trite, cannot be exercised either

whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it

does so ”.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : िून 4, 2022/ज् येष् ठ 14, 1944

1081

This is a case where the Tribunal found that the enquiry is conducted in a fair and proper manner following

the principles of natural justice. However the Tribunal went on to analyze the evidence to arrive at a

different conclusion than that of the Management and reversed the punishment awarded by the Management.

In the present case this Tribunal found that the enquiry is conducted following the principles of natural justice

and also the finding of the Enquiry Officer and Disciplinary Authority is also based on legal evidence.

Hence there is no question of re-appreciating the evidence adduced before the Enquiry Officer. In this case

the charge against the workman is that he used abusive language against his senior in the presence of the

customers and the staff of the branch. Using abusive language against a co-worker or a superior is a serious

misconduct. However the question is whether such a proved misconduct warrants the extreme penalty of

dismissal from service without notice. The Hon'ble Supreme Court of India in Ved Prakash Gupta Vs

Delton Cable India (P) Ltd, 1984 KHC 645 held that awarding extreme punishment of dismissal for

abusing a co-worker or an officer of the Management itself will not amount to victimization or unfair labour

practice. In the above case, one of the charges against the workman was that he abused one of his colleague

and an officer in a filthy language. The Hon'ble Supreme Court held that

“ We are also of the opinion that no responsible employer would ever impose in like circumstances the

punishment of dismissal to the employee and that victimization or unfair labour practice could well be

inferred from the conduct of the Management in awarding the extreme punishment of dismissal for a

flimsy charge of abuse of some worker or officer of the Management by the appellant within the

premises of the factory”

The Hon'ble High Court of Calcutta in National Tobacco Co of India Vs Fourth IT, 1960 (2) LLJ 175

(CAL) held that even after finding that the enquiry was in compliance of rules of justice it is open to the

Tribunal to examine the question whether there was victimization or unfair labour practice. In Hindustan

Machine Tools Ltd Vs Mohammed Usman, 1983 (2) LLJ 386 SC the Hon'ble Supreme Court of India

held that

“ Sec 11 conferred power on the Labour Court to evaluate the severity of misconduct and to assess

whether the punishment imposed by the employer is commensurate with gravity of the misconduct.

The power is specifically conferred on the Labour Court U/s 11-A. If the Labour Court after calculating

the gravity of misconduct held thatpunishment of termination of service is disproportionately heavy in

relation of misconduct and exercise its discretion, this Court, in the absence of any important legal

principles would not undertake to re-examine the question of adequacy or in-adequacy of material for

interference by the Labour Court.”

15.

Having examine the legal position as above, it is appropriate to examine the facts of the present case, the

charges leveled against the workman and also the gravity of penalty imposed by the Disciplinary Authority

and confirmed by the Appellate Authority. As already discussed, one of the charges is regarding customer

dissatisfaction created by the behavior or lapse on the part of the workman. The first incident regarding the

delay in servicing Sri.Likharam, a customer of the Bank, was admitted by the workman that he forgot to

bring the cash keys on 22.09.2014 in the morning and attended to the customer by around 11 AM. According

to the learned Counsel for the workman, this is an isolated incident and cannot be generalized to hold that the

workman caused customer inconvenience as alleged in the charge sheet. With regard to the 2nd issue, the

stand taken by the workman in the enquiry as well as in this proceedings is that there was no such incident

and the witnesses except one are all subordinates to the Branch Manager and therefore they supported the

claim of the Management. He also denied the allegation that he entered the chamber of the Branch Manager

during lunch time and abused the Branch Manager. According to the learned Counsel for the workman, the

independent witness examined in the enquiry is a planted witness as he was not holding any account in the

Dommasandra branch. However as already pointed out, the workman failed to discredit the evidence given

by the witnesses during the course of enquiry and therefore the charges are held to be proved. Having found

that the enquiry is conducted in a fair and proper manner and that the finding of the Enquiry Officer as

well as the Disciplinary Authority is based on legal evidence adduced during the enquiry, the scope of

interference in the punishment is very limited. While imposing the extreme punishment of dismissal

without notice, the Disciplinary Authority failed to consider the fact that the workman was working with

the Management Bank for more than 19 years. He joined the Bank as a bankman and acquired qualification

to be elevated to the post of Clerk. The charges proved against the workman is that of using filthy language

against the Branch Manager and causing customer dissatisfaction in view of one incident.In the

circumstances of this case, it is not possible to hold that the punishment awarded to the workman is

proportional to the charges proved against him. The learned Counsel for the Management pointed out that

this is not the first incident when the workman was charge sheeted on similar charges.On an earlier occasion

the Management was liberal in awarding a punishment of “censure” taking into account the pleadings of the

workman that he will not repeat the same in future. According to the learned Counsel, the workman failed

to stick to the undertaking given by him on the earlier occasion and committed a graver offence which

warrants the maximum punishment of dismissal without notice. The learned Counsel therefore submitted

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THE GAZETTE OF INDIA : JUNE 4, 2022/JYAISTHA 14, 1944

[PART II—SEC. 3(ii)]

that the Management lost confidence in the workman and his assurances regarding proper conduct in future.

However it is felt that the Management ought to have considered the service rendered by the workman with

the Management Bank and also his plea that he is the only earning member of the family taking care of his

wife, two children studying and his aged and sick mother.

16.

Taking into account all the above facts and considering the principle of proportionality between the gravity

of offence and the stringency of the punishment, it is felt that the penalty of dismissal without notice is

shockingly disproportional to the charges proved against the workman.

17.

The learned Counsel for the Management has already expressed the view that the Management Bank lost

confidence in the workman. The Bank being a financial institution also will have look into the element of

customer satisfaction and reputation of the institution while dealing with similar cases. Hence it is felt that

the penalty imposed on the workman can be modified to “compulsory retirement with superannuation

benefits i.e., pension and/or provident fund and gratuity as would be due otherwise under the rules or

regulations prevailing at the relevant time without disqualification from future employment”.

18.

Hence an award is passed modifying the penalty to compulsory retirement of the workman with

superannuation benefits i.e., Pension and/or provident fund and gratuity as would be due otherwise under

the rules or regulations prevailing at the relevant time without disqualification from future employment.

The award will come into force one month after its publication in the official Gazette.

Dictated to the Personal Assistant, transcribed and passed by me on this the of 20th May, 2022.

V. VIJAYA KUMAR, Presiding Officer

APPENDIX

Witness for the Workman :-

- Nil

Witness for the Management :-

- Nil

Exhibits for the Workman :-

- Nil

Exhibits for Management :-

M1

-Enquiry file

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054. SURENDER

MAHADASAM

Digitally signed by SURENDER

MAHADASAM

Date: 2022.06.06 16:13:43 +05'30'