4476 GI/2022

(1305)

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. 28]

नई दिल् ली, िुलाई 10—िुलाई 16, 2022, िजनवार/ आषाढ़ 19—आषाढ़ 25, 1944

No. 28]

NEW DELHI, JULY 10–JULY 16, 2022, SATURDAY/ASADHA 19–ASADHA 25, 1944

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

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

भाग II— ण् ड 3—उृ- ण् ड (ii)

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

को ला मंत्राल

नई दिल्ली, 8 िुलाई, 2022

का.आ. 645.—केन्री सरकार ने को ला िारक क्षेत्र (अिजन और जवकास) अजिजन म, 1957 (1957 का 20)

(जिसे इसके ृश्चात उक्त अजिजन म किा ग ा िज) की िारा 7 की उृिारा (1) के अिीन िारी भारत के रािृत्र,

असािारण, भाग II, ंड 3, उृ ंड (ii), तारी 16 फरवरी, 2021 में प्रकाजित भारत सरकार के को ला मंत्राल की

अजिसूचना सं्‍ ांक का॰आ॰ 695(अ), तारी 16 फरवरी, 2021 द्वारा प्रकाजित उस अजिसूचना में संलग्न अनुसूची में

जवजनर्िजष्ट 804.43 एकड़ (लगभग) ा 325.55 िेक्टे र (लगभग) ृररक्षेत्र की भूजम में ा उस ृर के सभी अजिकार का

अिजन करने के अृने आि की सूचना िी ी;

और सक्षम प्राजिकारी ने उक्त अजिजन म की िारा 8 के अनुसरण में केन्री सरकार को अृनी ररृोटज िे िी िज;

सी.जी.-डी.एल.-सा.-25072022-237531

CG-DL-W-25072022-237531

1306

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

और केन्री सरकार का, उृ ुजक्त ररृोटज ृर जवचार करने के ृश्चात और झार ंड सरकार से ृरामिज करने के

ृश्चात् ि समािान िो ग ा िज दक इससे संलग्न अनुसूची में जवजनर्िजष्ट 719.66 एकड़ (लगभग) ा 291.24 िेक्टे र

(लगभग) माृ वाली भूजम में ा उस ृर के सभी अजिकार का अिजन दक ा िाना चाजिए।

अतः अब केंरी सरकार उक्त अजिजन म की िारा 9 की उृ-िारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए

घोषणा करती िज दक इससे संलग्न अनुसूची में जवजनर्िजष्ट 719.66 एकड़ (लगभग) अ वा 291.24 िेक्टे र (लगभग), माृ

वाली भूजम में ा उस ृर के सभी अजिकार अर्िजत दकए िाते िैं।

इस अजिसूचना के अिीन आने वाले क्षेत्र के रे ांक सं्‍ ांक आरईवी/04/2022, तारी 12 अप्रजल, 2022 का

जनरीक्षण उृा ुक्त जिला बोकारो (झार ण्ड) के का ाजल में ा को ला जन ंत्रक, 1, काउंजसल िाउस स्ट्रीट, कोलकाता

700001 के का ाजल में ा मिाप्रबंिक ढोरी क्षेत्र, जिला बोकारो (झार ण्ड) ा मिाप्रबंिक, भूजम और रािस्ट्व, सेंरल

कोलफील््स जलजमटेड, िरभंगा िाउस, रााँची- 834001 (झार ंड) के का ाजल में ा मु्‍ मिाप्रबंिक ( ोि प्रभाग),

सी.एम.ृी.डी.आई.एल., गोंडवाना ृजलेस, कांके रोड, रााँची- 834008 (झार ंड) के का ाजल में दक ा िा सकता िज।

अनुसूची

कल् ाणी जववषत ृरर ोिना

जिला बोकारो (झार ण्ड)

( रे ांक सं्‍ ांक आरईवी/04/2022, तारी 12 अप्रजल, 2022 )

सभी अजिकार:

क्रम

सं्‍ ा

ण्ड

ग्राम

ाना सं.

ाना/

सर्कजल

जिला

अिजन के अिीन

रटप्ृजण ां

क्षेत्र एकड़ में क्षेत्र िेक्टे र

में

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1.

क

मकोली

69

बेरमो

बोकारो

1.10

0.45

भाग

2.

मकोली

69

बेरमो

बोकारो

301.32

121.94

भाग

तारमी

71

चन्रृुरा

बोकारो

94.94

38.42

भाग

तुररओ

70

चन्रृुरा

बोकारो

217.47

88.01

भाग

3.

ग

तुररओ

70

चन्रृुरा

बोकारो

103.20

41.76

भाग

तारमी

71

चन्रृुरा

बोकारो

1.63

0.66

भाग

कुल क्षेत्र (क + + ग):

719.66

एकड़

(लगभग)

291.24

िेक्टे र

(लगभग)

भू-अजभले ों के अनुसार अजिग्रिीत दकए िाने वाले प्लाटों के ब् ौरे :

ण्ड

ग्राम/ मौज़ा

ाना

सं.

ाता

सं.

प्लॉट सं्‍ ा

अजिग्रिण

का क्षेत्र

(एकड़ में)

भूजम का प्रकार

भू -अजभले के

अनुसार अजभिारी

का नाम

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

क

मकोली

69

1

119(भाग)

1.10

गजर मिरुवा ास

िंगल

सरकारी भूजम

िोड़ :

1.10

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1307

मकोली

69

1

1 (भाग)

44.94

गजर मिरुवा ास

िंगल

सरकारी भूजम

बी

मकोली

69

3

14 (भाग)

0.22

रज ती िोन-2

अस्ट्ृष्ट

मकोली

69

1

15

0.60

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

5

16

0.20

रज तीृरती क़िीम

ेिन घटवार

मकोली

69

1

17

0.17

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

7

18 (भाग)

0.37

रज ती िोन-1

जबिु घटवार

मकोली

69

5

33 (भाग)

0.58

रज ती ृरती क़िीम

ेिन घटवार

मकोली

69

2

35 (भाग)

0.20

रज ती िोन-1

िीरात माजलक

मकोली

69

2

37

0.17

रज ती िोन-2

िीरात माजलक

मकोली

69

1

38

1.18

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

5

39

4.33

रज ती टांड़-3

ेिन घटवार

मकोली

69

8

40

0.21

रज ती िोन-3

िूृ लाल कुरमी

मकोली

69

8

41

0.39

रज ती िोन-2

िूृ लाल कुरमी

मकोली

69

10

42

0.01

गजर मिरुवा ास

ृरती

सरकारी भूजम

मकोली

69

10

43

0.08

गजर मिरुवा ास

ृरतीक़िीम

सरकारी भूजम

मकोली

69

2

44

0.44

रज ती िोन-2

िीरात माजलक

मकोली

69

5

45

0.25

रज ती िोन-2

ेिन घटवार

मकोली

69

7

46

0.31

रज ती िोन-2

जबिु घटवार

मकोली

69

7

47

0.24

रज ती िोन-2

जबिु घटवार

मकोली

69

4

48

0.72

रज ती िोन-3

कन्हु घटवार

मकोली

69

5

49

0.43

रज ती िोन-3

ेिन घटवार

मकोली

69

6

50

0.46

रज ती िोन-3

नन्िलाल

मकोली

69

8

51

0.59

रज ती िोन-3

िूृ लाल कुरमी

मकोली

69

3

52

0.26

रज ती िोन-3

असृष्ट

मकोली

69

5

53

0.20

रज ती िोन-3

ेिन घटवार

मकोली

69

2

54

0.41

रज ती िोन-2

िीरात माजलक

मकोली

69

2

55

1.68

रज ती िोन-3

िीरात माजलक

मकोली

69

1

56

0.14

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

2

57

0.17

रज ती िोन-3

िीरात माजलक

मकोली

69

2

58

3.16

रज ती िोन-2

िीरात माजलक

मकोली

69

5

59

1.14

रज ती िोन-2

ेिन घटवार

मकोली

69

4

60

0.38

रज ती टांड़-2

कन्हु घटवार

1308

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

मकोली

69

4

61

0.01

रज ती ृरती क़िीम

कन्हु घटवार

मकोली

69

4

62

0.34

रज ती टांड़-2

कन्हु घटवार

मकोली

69

5

63

1.20

रज ती टांड़-2

ेिन घटवार

मकोली

69

5

64

0.84

रज तीटांड़-2

ेिन घटवार

मकोली

69

5

65

0.08

रज ती मकान

ेिन घटवार

मकोली

69

5

66

0.06

अज्ञात

ेिन घटवार

मकोली

69

2

67

3.41

रज ती टांड़-2

िीरात माजलक

मकोली

69

3

68

0.60

रज तीटांड़-2

असृष्ट

मकोली

69

5

69

0.36

रज ती टांड़-2

ेिन घटवार

मकोली

69

6

70

0.57

रज ती टांड़-2

नन्िलाल

मकोली

69

7

71

0.25

रज ती टांड़-2

जबिु घटवार

मकोली

69

8

72

0.54

रज ती टांड़-2

िूृ लाल कुरमी

मकोली

69

10

73

0.08

गजर मिरुवा ास

ृरतीक़िीम

सरकारी भूजम

मकोली

69

5

74

0.33

रज ती टांड़-2

ेिन घटवार

मकोली

69

7

75

0.61

रज ती टांड़-2

जबिु घटवार

मकोली

69

10

76

0.14

गजरमिरुवा ास

ृरतीक़िीम

सरकारी भूजम

मकोली

69

7

77

0.62

रज ती टांड़-2

जबिु घटवार

मकोली

69

9

79 (भाग)

0.15

रज ती िोन-2

प्रिलाि घटवार

मकोली

69

10

80(भाग)

0.15

गजर मिरुवा ास

ृरतीक़िीम

सरकारी भूजम

मकोली

69

7

81

0.05

रज ती िोन-3

जबिु घटवार

मकोली

69

7

82

0.76

रज तीिोन-2

जबिु घटवार

मकोली

69

9

83

0.27

रज ती टांड़-2

प्रिलाि घटवार

मकोली

69

10

84

0.13

गजर मिरुवा ास

ृरतीक़िीम

सरकारी भूजम

मकोली

69

8

85

1.27

रज ती िोन-2

िूृ लाल कुरमी

मकोली

69

7

94 (भाग)

0.07

रज तीटांड़-2

जबिु घटवार

मकोली

69

6

95 (भाग)

0.86

रज ती िोन-2

नन्िलाल

मकोली

69

3

96 (भाग)

1.46

रज ती टांड़-2

अस्ट्ृष्ट

मकोली

69

12

118 (भाग)

36.30

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

1

119 (भाग)

184.25

गजर मिरुवा ास

िंगल

सरकारी भूजम

मकोली

69

121

0.41

अज्ञात

ऑनलाइन में क्षेत्र

और दकस्ट्म

अनुृलब्ि िज

मकोली

69

122

0.52

अज्ञात

िोड़ :

301.32

तुररओ

70

34

1 (भाग)

217.47

गजर मिरुवा ास

सरकारी भूजम

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1309

जत ानी दकस्ट्म

िंगल

िोड़ :

217.47

तारमी

71

52

1 (भाग)

91.05

गजर मिरुवा ास

जत ानी दकस्ट्म िंगल

सरकारी भूजम

तारमी

71

20

3 (भाग)

0.04

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

11

4 (भाग)

0.09

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

3

5 (भाग)

0.07

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

52

8 (भाग)

0.07

ृरतीृीड़ ,गजर मिरुवा

ास

सरकारी भूजम

तारमी

71

11

9

0.26

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

11

10

0.30

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

3

11

0.06

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

20

12 (भाग)

0.08

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

3

13

0.17

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

30

14

0.08

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

37

15

0.07

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

37

16

0.49

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

52

17

0.12

ृरतीृीड़, गजरमिरुवा

ास

सरकारी भूजम

तारमी

71

30

18

0.32

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

30

19

0.07

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

20

20

0.09

रज ती िोन 3

बकास्ट्त लगान

ृाने वाला

तारमी

71

20

21

0.12

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

37

22(भाग)

0.03

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

30

23

0.50

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

11

24

0.09

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

3

25(भाग)

0.27

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

1310

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

तारमी

71

20

26(भाग)

0.22

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

30

27(भाग)

0.01

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

तारमी

71

37

28 (भाग)

0.27

रज ती िोन 2

बकास्ट्त लगान

ृाने वाला

िोड़ :

94.94

ग

तुररओ

70

8

8 (भाग)

0.06

बड़का िौलत

मितो वल्ि िरी

मितो, कौम कुमी

ग

तुररओ

70

8

9

0.19

रज ती िोन 3

बड़का िौलत

मितो वल्ि िरी

मितो,कौम कुमी

ग

तुररओ

70

8

10

0.09

रज ती टांड़ 2

बड़का िौलत

मितो वल्ि िरी

मितो,कौम कुमी

ग

तुररओ

70

6

11 (भाग)

0.75

रज ती टांड़ 2

डमर मितो वल्ि

िरी मितो, कौम

कुमी

ग

तुररओ

70

5

14 (भाग)

0.10

रज ती टांड़ 2

िीवन मितो व

नानहु मितो

ृेिरन नरा ण

मितो वजगराि

ग

तुररओ

70

6

15(भाग)

0.29

रज ती िोन 3

डमर मितो

वल्ििरी मितो,

कौम कुमी

ग

तुररओ

70

6

16(भाग)

0.86

रज ती टांड़ 2

डमर मितो वल्ि

िरी मितो, कौम

कुमी

ग

तुररओ

70

8

21(भाग)

0.08

रज ती िोन 2

बड़का िौलत

मितो वल्ि िरी

मितो, कौम कुमी

ग

तुररओ

70

5

22(भाग)

0.11

रज ती ृरती क़िीम

िीवन मितो व

नानहु मितो

ृेिरन नरा ण

मितो वजगराि

ग

तुररओ

70

8

23 (भाग)

0.28

रज ती िोन 2

बड़का िौलत

मितो वल्ि िरी

मितो,कौम कुमी

ग

तुररओ

70

34

25 (भाग)

0.06

गजर मिरुवा ास ृरती

नाला

सरकारी भूजम

ग

तुररओ

70

2

26 (भाग)

0.05

रज ती िोन 2

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

8

33(भाग)

0.08

रज ती टांड़ 2

बड़का िौलत

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1311

मितो वल्ि िरी

मितो,कौम कुमी

ग

तुररओ

70

2

34 (भाग)

0.08

रज ती टांड़ 2

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी

ग

तुररओ

70

34

219

(भाग)

0.55

गजर मिरुवा ास

जत ानी दकस्ट्म ृरती

ृत र

सरकारी भूजम

ग

तुररओ

70

8

274

(भाग)

0.22

रज ती िोन 1

बड़का िौलत

मितो वल्ि िरी

मितो, कौम कुमी

ग

तुररओ

70

6

275(भाग)

0.09

रज ती िोन 1

डमर मितो

वल्ििरी मितो,

कौम कुमी

ग

तुररओ

70

3

277(भाग)

0.51

रज ती िोन 2

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

6

278

0.17

रज ती टांड़ 3

डमर मितो

वल्ििरी मितो,

कौम कुमी ।

ग

तुररओ

70

5

279

0.03

रज ती ृरती ृत् र

िीवन मितो व

नानहु मितो

ृेिरन नारा ण

मितो आदि

ग

तुररओ

70

2

280

0.33

रज ती िोन 1

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

8

281

0.24

रज ती िोन 1

बड़का िौलत

मितो वल्ि िरी

मितो,कौम कुमी

ग

तुररओ

70

6

282

0.21

रज ती िोन 1

डमर मितो वल्ि

िरी मितो, कौम

कुमी ।

ग

तुररओ

70

2

283

0.36

रज ती िोन 1

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

3

284

0.08

रज ती िोन 2

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

3

285

2.93

रज ती िोन 1

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

2

286

0.14

रज ती टांड़ 3

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

8

287

0.08

रज ती टांड़ 3

बड़का िौलत

मितो वल्ि िरी

मितो,कौम कुमी

1312

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ग

तुररओ

70

6

288

0.16

रज ती टांड़ 3

डमर मितो

वल्ििरी मितो,

कौम कुमी ।

ग

तुररओ

70

34

289

(भाग)

44.80

गजर मिरुवा ास

जत ानी दकस्ट्म िंगल

सरकारी भूजम

ग

तुररओ

70

3

290

0.38

रज ती िोन 1

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

3

291

0.14

रज ती िोन 2

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

5

292

0.24

रज ती ृरती नाला

िीवन मितो व

नानहु मितो

ृेिरन नारा ण

मितो आदि

ग

तुररओ

70

3

293

0.06

रज ती िोन 2

चुरामन मितो

वल्ि रघु मितो

ग

तुररओ

70

11

294

0.56

रज ती िोन 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

295

0.12

रज ती िोन 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

7

296

0.29

रज ती िोन 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

7

297

0.08

रज ती िोन 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

35

298

0.12

गजर मिरुवा आम

जत ानी दकस्ट्म रास्ट्ता

सरकारी भूजम

ग

तुररओ

70

1

299(भाग)

0.14

रज ती टांड़ 2

काजतका वल्ि चंि

कौम कुमी

ग

तुररओ

70

11

300

0.16

रज ती टांड़ 1

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

1

301(भाग)

0.11

रज ती टांड़ 1

काजतका वल्ि चंि

कौम कुमी

ग

तुररओ

70

9

302

0.19

रज ती टांड़ 2

नानहु मितो वल्ि

नारा ण मितो,

कौम कुमी ।

ग

तुररओ

70

10

303

0.30

रज ती टांड़ 2

नुना मितो वल्ि

बदढ़ ा मितो

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1313

वगजरि ,कौम कुमी

ग

तुररओ

70

11

304

0.08

रज ती टांड़ 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

305

0.03

रज ती टांड़ 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

7

306

0.08

रज ती टांड़ 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

1

307(भाग)

0.30

रज ती टांड़ 1

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

7

308

0.40

रज ती टांड़ 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

7

309

0.10

रज ती टांड़ 1

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

1

310

0.03

रज तीमकान 2 सिन१

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

35

311

0.11

गजर मिरुवा आम

जत ानी दकस्ट्म रास्ट्ता

सरकारी भूजम

ग

तुररओ

70

7

312

0.03

रज ती मकान 2 सिन१

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

7

313

0.08

रज ती टांड़ 1

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

11

314

0.08

रज तीमकान 2

सिन १

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

315

0.11

रज ती टांड़ 1

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

11

316

0.70

रज ती टांड़ 1

जबिारीमितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

317

0.18

रज ती टांड़ 2

छोटािौलत मितो

वल्ि गोृाल

1314

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

मितो ,कौम कुमी

ग

तुररओ

70

11

318

0.20

रज ती टांड़ 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

10

319

0.27

रज ती टांड़ 2

नुना मितो वल्ि

बदढ़ ा मितो

वगजरि ,कौम कुमी

ग

तुररओ

70

7

320

0.18

रज ती टांड़ 2

छोटािौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

9

321

0.58

रज ती टांड़ 2

नानहु मितो वल्ि

नारा ण मितो,

कौम कुमी

ग

तुररओ

70

1

322

0.59

रज ती टांड़ 2

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

10

323

0.49

रज ती टांड़ ३

नुनामितो वल्ि

बदढ़ ा मितो

आदि ,कौम कुमी

ग

तुररओ

70

11

324

0.26

रज ती टांड़ 3

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

1

325

0.15

रज ती टांड़ 3

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

7

360

0.18

रज ती टांड़ 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

11

361

0.14

रज ती टांड़ 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

11

362

0.21

रज ती िोन 1

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

11

363

0.14

रज ती िोन 1

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

11

364

0.31

रज ती िोन 1

जबिारीमितो व

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1315

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

11

365

0.34

रज ती िोन 1

जबिारीमितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

11

366

0.09

रज ती िोन 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

1

367

0.18

रज ती टांड़ 2

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

1

368

0.48

रज ती िोन 1

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

10

369

0.54

रज ती िोन 1

नुना मितो वल्ि

बदढ़ ा मितो

आदि ,कौम कुमी

।

ग

तुररओ

70

11

370

0.06

रज ती िोन 1

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

371

0.29

रज ती िोन 1

छोटािौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

5

372

0.03

रज ती ृरती क़िीम

िीवनमितोवनान

हु मितो, ृेिरान

नारा ण मितो

आदि

ग

तुररओ

70

11

373

0.32

रज ती िोन 1

जबिारीमितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

1

374

0.33

रज ती िोन 1

काजतका वल्ि चााँि

कौम कुमी

ग

तुररओ

70

7

375

0.03

रज ती िोन 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

1316

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ग

तुररओ

70

11

376

0.03

रज ती िोन 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

10

377

0.03

रज ती िोन 2

नुना मितो वल्ि

बदढ़ ा मितो

वगजरि ,कौम कुमी

ग

तुररओ

70

10

409(भाग)

0.04

रज ती िोन 2

नुना मितो वल्ि

बदढ़ ा मितो

वगजरि ,कौम कुमी

ग

तुररओ

70

7

423

0.03

रज ती िोन 3

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

32

426(भाग)

0.32

रज ती िोन 2

कार्तजक ससंि वल्ि

बबल ससंि ,कौम

घटवार ।

ग

तुररओ

70

11

427(भाग)

0.24

रज ती िोन 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

7

428(भाग)

0.09

रज ती िोन 2

छोटा िौलत मितो

वल्ि गोृाल

मितो ,कौम कुमी

ग

तुररओ

70

11

429

0.08

रज ती िोन 2

जबिारी मितो व

िरि ाल मितो व

ननकु मितो

ृेिरान मितो

आदि

ग

तुररओ

70

6

439

0.04

रज ती िोन 2

डमर मितो

वल्ििरी मितो,

कौम कुमी ।

ग

तुररओ

70

2

441

0.09

रज ती िोन 2

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

6

442

0.09

रज ती िोन 3

डमर मितो

वल्ििरी मितो,

कौम कुमी ।

ग

तुररओ

70

2

443(भाग)

0.04

रज ती िोन 3

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

ग

तुररओ

70

444

0.09

रज ती िोन२

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी ।

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1317

ग

तुररओ

70

8

445(भाग)

0.14

रज ती िोन 2

बरका िौलत

मितो वल्ि िरी

मितो, कौम,

कुमी

ग

तुररओ

70

8

446(भाग)

0.01

रज ती िोन 3

बरका िौलत

मितो वल्ि िरी

मितो, कौम कुमी

ग

तुररओ

70

8

448(भाग)

0.26

रज ती टांड़ 3

बरका िौलत

मितो वल्ि िरी

मितो

ग

तुररओ

70

6

449(भाग)

0.03

रज ती टांड़ 3

डमर मितो

वल्ििरी मितो,

कौम कुमी

ग

तुररओ

70

2

450(भाग)

0.20

रज ती िोन 2

िुिा मितो वल्ि

जगरी मितो, कौम

कुमी

ग

तुररओ

70

8

451

0.03

रज ती िोन 3

बरका िौलत

मितो वल्ि िरी

मितो ,कौम कुमी

ग

तुररओ

70

34

493

(भाग)

35.75

गजर मिरुवा ास

जत ानी दकस्ट्म िंगल

सरकारी भूजम

िोड़ :

103.20

ग

तारमी

71

99

606

(भाग)

1.63

गजर मिरुवा ास

जत ानी दकस्ट्म िंगल

सरकारी भूजम

िोड़ :

1.63

सीमा वणजन:

ब्लॉक

सीमा रे ा

सीमा वणजन

क

क-क1-क2-क

ब्लॉक सीमा मकोली मौज़ा के प्लॉट सं्‍ ा 119 से आरंभ िोकर जबन्िु ‘क’1

और ‘क2’ से गुिरते हुए जबन्िु ‘क’ ृर बंि िोती िज ।

- 1- 2- 3- 4- 5- 6-

7- 8- 9- 10- 11-

12- 13- 14- 15- 16-

17- 18- 19- 20अ-

20- 21- 22- 23- 24-

25- 25- 26- 27- 28-

29- 30- 31- 32- 33-

34- 35- 36- 37- .

ब्लॉक सीमा मकोली मौिा के प्लाट सं्‍ ा 1 के जबन्िु ‘ ’ से आरंभ िोकर

जबन्िु सं्‍ ा ‘ 1’ ( मकोली के प्लाट सं्‍ ा 18 के भीतर), 2, 3, 4,

5, 6 (मकोली के प्लाट सं्‍ ा 01 के भीतर), 7 और 8 (मकोली के

प्लाट सं्‍ ा 119 के भीतर), 9, 10, 11 (मकोली के प्लाट सं्‍ ा 119

के भीतर) से मुड़ती हुई जबन्िु 12 (मकोली और तारमी मौिा रे ा ृर

मकोली के प्लाट सं्‍ ा 119 के समीृ), 13 (मकोली और तारमी मौिा के

सं ोिन जबन्िु ृर ), 14 और 15 (तारमी मौिा के प्लाट सं्‍ ा 1 के

भीतर) 16 (तारमी के प्लाट सं्‍ ा 01 के भीतर) से 19 और 20ए

1318

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

(तुररओ और तारमी के मौिा सीमा रे ा ृर), 20 (तारमी के प्लाट सं्‍ ा

01 के प्लाट सीमा ृर ), 21 (तुररओ के प्लाट सं्‍ ा 01 के भीतर), 22,

23, 24 (तुररओ के प्लाट सं्‍ ा 01 के प्लाट सीमा ृर ), 25, 26,

27 और 28 (तुररओ के प्लाट सं्‍ ा 01 के भीतर), 29 ( तुररओ और

मकोली मौिा के सीमा रे ा ृर), 30, 31, 32, 33, 34, 35

त ा 36 (मकोली मौिा के प्लाट सं्‍ ा 118 के भीतर) त ा जबन्िु 37

(मकोली मौिा के प्लाट सं्‍ ा 1 के भीतर) से िोकर गुिरती हुई मकोली

मौिा के प्लाट सं्‍ ा 01 के भीतर आरंजभक जबन्िु ‘ ृर बंि िोती िज ।

ग

ग0-ग1-ग-2-ग3-ग4- ग5-

ग6- ग7- ग8- ग9- ग9ए –

28 – 27 - ग10- ग11-

ग12- ग13- 24- 23-ग0

ब्लॉक सीमा जबन्िु सं्‍ ा ग0 (तुररओ मौिा के प्लाट सं्‍ ा 289 के भीतर )

से आरंभ िोकर जबन्िु सं्‍ ा ग (प्लाट सं्‍ ा 323 ृर), ग1 (तुररओ के प्लाट

सं्‍ ा 360 ृर), ग2(तुररओ के प्लाट सं्‍ ा 363 ृर), ग3 (तुररओ के प्लाट

सं्‍ ा 369 ृर), ग4 (तुररओ के प्लाट सं्‍ ा 289 ृर), ग5 ( तुररओ और

तारमी की सीमा रे ा ृर), ग6 (तारमी के प्लाट सं्‍ ा 606 ृर), ग7

(तुररओ और तारमी की सीमा रे ा ृर), ग8 (तुररओ के प्लाट सं्‍ ा 493

ृर), ग9 तुररओ के प्लाट सं्‍ ा 289 ृर), ग9ए तुररओ के प्लाट सं्‍ ा 274

ृर), 28 और 27 तुररओ के प्लाट सं्‍ ा 01 के भीतर), ग10 तुररओ के

प्लाट सं्‍ ा 08 ृर), ग11 (तुररओ के प्लाट सं्‍ ा 17 ृर), ग12 (तुररओ के

प्लाट सं्‍ ा 274 ृर), ग13 तुररओ के प्लाट सं्‍ ा 293 ृर), 24 और

23 ( तुर ो के प्लाट सं्‍ ा 01 की सीमा ृर) से गुिरते हुए आरंजभक जबन्िु

‘ग0’ ृर बंि िोती िज ।

[फा. सं. 43015/17/2019-एलए एण्ड आईआर]

राम जिरोमजण सरोि, जनिेिक

MINISTRY OF COAL

New Delhi, the 8th July, 2022

S.O. 645.—Whereas by the notification of the Government of India in the Ministry of Coal number S.O. 695

(E), dated the 16th February, 2021, issued under sub-section (1) of section 7 of the Coal Bearing Areas (Acquisition

and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the said Act), published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (ii), dated the 16th February, 2021, the Central Government gave notice

of its intention to acquire 804.43 acres (approximately) or 325.55 hectares (approximately) lands and all rights in or

over such lands specified in the Schedule appended to that notification;

And, whereas, the competent authority in pursuance of section 8 of the said Act has made his report to the

Central Government;

And, whereas, the Central Government after considering the report aforesaid and after consulting the

Government of Jharkhand, is satisfied that the lands measuring 719.66 acres (approximately) or 291.24 hectares

(approximately) and all rights in or over such lands as described in the Schedule appended hereto, should be acquired;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9 of the said Act, the

Central Government hereby declares that the lands measuring 719.66 acres (approximately) or 291.24 hectares

(approximately) and all rights in or over as described in the Schedule are hereby acquired.

The plan bearing number REV/04/2022, dated the 12th April, 2022 of the area covered by this notification

may be inspected in the Office of the Deputy Commissioner, District – Bokaro (Jharkhand) or at the Office of Coal

Controller, 1, Council House street, Kolkata - 700001 or in the Office of the General Manager, Dhori Area, District -

Bokaro (Jharkhand) or General Manager, Land and Revenue, Cental Coalfields Limited, Darbhanga House, Ranchi-

834001, Jharkhand or Chief General Manager (Exploration Division), Central Mine Planning and Design Institute

Limited, Gondwana Palace, Kanke Road, Ranchi - 834008, Jharkhand.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1319

SCHEDULE

Kalyani opencast project

District- Bokaro (Jharkhand)

[ Plan bearing number REV/04/2022, dated the 12th April, 2022 ]

All rights :

Serial

number

Block

Village

Thana

num-

ber

Thana

/ Circle

District

Area under acquisition

Remarks

Area

(in acres)

Area

(in

hectares)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1.

A

Makoli

69

Bermo

Bokaro

1.10

0.45

Part

2.

B

Makoli

69

Bermo

Bokaro

301.32

121.94

Part

Tarmi

71

Chandrapura

Bokaro

94.94

38.42

Part

Turio

70

Chandrapura

Bokaro

217.47

88.01

Part

3.

C

Turio

70

Chandrapura

Bokaro

103.20

41.76

Part

Tarmi

71

Chandrapura

Bokaro

1.63

0.66

Part

Total Area (A+B+C):

719.66

acres

(approxi-

mately.)

291.24

hectares

(approxi-

mately.)

Details of plots to be acquired as per land record:

Block

Village

/

Mouza

Thana

num-

ber

Khat

a

num-

ber

Plot

number

Area

under

acquisition

(in acres)

Type of land

Name of recorded tenant

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

A

Makoli

69

1

119 (P)

1.10

G.M.K (Jungle)

Government land

Total:

1.10

B

Makoli

69

1

1 (P)

44.94

G.M.K (Jungle)

Government land

B

Makoli

69

3

14 (P)

0.22

Raiyati Don-2

Not clear

B

Makoli

69

1

15

0.60

G.M.K (Jungle)

Government land

B

Makoli

69

5

16

0.20

Raiyati PartiKadim

Khedan Ghatwar

B

Makoli

69

1

17

0.17

G.M.K (Jungle)

Government land

B

Makoli

69

7

18 (P)

0.37

Raiyati Don-1

Bishu Ghatwar

B

Makoli

69

5

33 (P)

0.58

Raiyati PartiKadim

Khedan Ghatwar

B

Makoli

69

2

35 (P)

0.20

Raiyati Don-1

Jirat Maalik

B

Makoli

69

2

37

0.17

Raiyati Don-2

Jirat Maalik

B

Makoli

69

1

38

1.18

G.M.K (Jungle)

Government land

B

Makoli

69

5

39

4.33

Raiyati Tand-3

Khedan Ghatwar

B

Makoli

69

8

40

0.21

Raiyati Don-3

Dhuplal Kurmi

B

Makoli

69

8

41

0.39

Raiyati Don-2

Dhuplal Kurmi

B

Makoli

69

10

42

0.01

GMK parti

Government land

B

Makoli

69

10

43

0.08

GMK PartiKadim

Government land

B

Makoli

69

2

44

0.44

Raiyati Don-2

Jirat Maalik

B

Makoli

69

5

45

0.25

Raiyati Don-2

Khedan Ghatwar

B

Makoli

69

7

46

0.31

Raiyati Don-2

BishuGhatwar

B

Makoli

69

7

47

0.24

Raiyati Don-2

Bishu Ghatwar

B

Makoli

69

4

48

0.72

Raiyati Don-3

Kanhu Ghatwar

B

Makoli

69

5

49

0.43

Raiyati Don-3

Khedan Ghatwar

B

Makoli

69

6

50

0.46

Raiyati Don-3

Nand lal

B

Makoli

69

8

51

0.59

Raiyati Don-3

Dhuplal Kurmi

B

Makoli

69

3

52

0.26

Raiyati Don-3

Not Clear

B

Makoli

69

5

53

0.20

Raiyati Don-3

Khedan Ghatwar

B

Makoli

69

2

54

0.41

Raiyati Don-2

Jirat Maalik

1320

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

B

Makoli

69

2

55

1.68

Raiyati Don-3

Jirat Maalik

B

Makoli

69

1

56

0.14

G.M.K (Jungle)

Government land

B

Makoli

69

2

57

0.17

Raiyati Don-3

Jirat Maalik

B

Makoli

69

2

58

3.16

Raiyati Don-2

Jirat Maalik

B

Makoli

69

5

59

1.14

Raiyati Don-2

Khedan Ghatwar

B

Makoli

69

4

60

0.38

Raiyati Tand-2

Kanhu Ghatwar

B

Makoli

69

4

61

0.01

Raiyati PartiKadim

Kanhu Ghatwar

B

Makoli

69

4

62

0.34

Raiyati Tand-2

Kanhu Ghatwar

B

Makoli

69

5

63

1.20

Raiyati Tand-2

Khedan Ghatwar

B

Makoli

69

5

64

0.84

Rayati Tand-2

Khedan Ghatwar

B

Makoli

69

5

65

0.08

RayiyatiMakan

Khedan Ghatwar

B

Makoli

69

5

66

0.06

Unknown

Khedan Ghatwar

B

Makoli

69

2

67

3.41

Raiyati Tand-2

Jirat Maalik

B

Makoli

69

3

68

0.60

Rayiyati Tand-2

Not clear

B

Makoli

69

5

69

0.36

Raiyati Tand-2

Khedan Ghatwar

B

Makoli

69

6

70

0.57

Raiyati Tand-2

Nand lal

B

Makoli

69

7

71

0.25

Raiyati Tand-2

Bishu Ghatwar

B

Makoli

69

8

72

0.54

Raiyati Tand-2

Dhuplal Kurmi

B

Makoli

69

10

73

0.08

GMK PartiKadim

Government land

B

Makoli

69

5

74

0.33

Raiyati Tand-2

Khedan Ghatwar

B

Makoli

69

7

75

0.61

Raiyati Tand-2

Bishu Ghatwar

B

Makoli

69

10

76

0.14

GMK PartiKadim

Government land

B

Makoli

69

7

77

0.62

Raiyati Tand-2

Bishu Ghatwar

B

Makoli

69

9

79 (P)

0.15

Raiyati Don-2

Prahlad Ghatwar

B

Makoli

69

10

80 (P)

0.15

G.M.K. PartiKadim

Government land

B

Makoli

69

7

81

0.05

Raiyati Don-3

Bishu Ghatwar

B

Makoli

69

7

82

0.76

Rayiyati don-2

Bishu Ghatwar

B

Makoli

69

9

83

0.27

Raiyati Tand-2

Prahlad Ghatwar

B

Makoli

69

10

84

0.13

G.M.K. PartiKadim

Government land

B

Makoli

69

8

85

1.27

Raiyati Don-2

Dhuplal Kurmi

B

Makoli

69

7

94 (P)

0.07

Rayiyati Tand-2

Bishu Ghatwar

B

Makoli

69

6

95 (P)

0.86

Raiyati Don-2

Nand lal

B

Makoli

69

3

96 (P)

1.46

Raiyati Tand-2

Not clear

B

Makoli

69

12

118 (P)

36.30

G.M.K (Jungle)

Government land

B

Makoli

69

1

119 (P)

184.25

G.M.K (Jungle)

Government land

B

Makoli

69

121

0.41

Unknown

Rakba and Type

unavailable online

B

Makoli

69

122

0.52

Unknown

Total:

301.32

B

Turio

70

34

1 (P)

217.47

G.M.K. Khatiyani type

Jungle

Government land

Total:

217.47

B

Tarmi

71

52

1 (P)

91.05

GMK Khatiyani type

Jungle

Government land

B

Tarmi

71

20

3 (P)

0.04

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

11

4 (P)

0.09

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

3

5 (P)

0.07

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

52

8 (P)

0.07

PartiPir, GMK

Government land

B

Tarmi

71

11

9

0.26

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

11

10

0.30

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

3

11

0.06

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

20

12 (P)

0.08

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

3

13

0.17

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

30

14

0.08

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

37

15

0.07

Raiyati Don 3

Bakast Tax receiver

B

Tarmi

71

37

16

0.49

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

52

17

0.12

PartiPid, GMK

Government land

B

Tarmi

71

30

18

0.32

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

30

19

0.07

Raiyati Don 3

Bakast tax receiver

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1321

B

Tarmi

71

20

20

0.09

Raiyati Don 3

Bakast tax receiver

B

Tarmi

71

20

21

0.12

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

37

22(P)

0.03

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

30

23

0.50

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

11

24

0.09

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

3

25(P)

0.27

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

20

26(P)

0.22

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

30

27(P)

0.01

Raiyati Don 2

Bakast tax receiver

B

Tarmi

71

37

28 (P)

0.27

Raiyati Don 2

Bakast tax receiver

Total:

94.94

C

Turio

70

8

8 (P)

0.06

Barka daulat Mahto S/o

Hari Mahto, Caste kurmi

C

Turio

70

8

9

0.19

Raiyati Don 3

Barka daulat Mahto S/o

Hari Mahto, Caste kurmi

C

Turio

70

8

10

0.09

Raiyati Tand 2

Barka daulat Mahto S/o

Hari Mahto, Caste kurmi

C

Turio

70

6

11 (P)

0.75

Raiyati Tand 2

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

5

14 (P)

0.10

Raiyati Tand 2

Jivan Mahto and Nana

Mahto pesharan Narayan

Mahto, etc.

C

Turio

70

6

15(P)

0.29

Raiyati Don 3

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

6

16(P)

0.86

Raiyati Tand 2

Dumar Mahto S/o Hari

Mahto, Caste kurmi

C

Turio

70

8

21(P)

0.08

Raiyati Don 2

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi

C

Turio

70

5

22(P)

0.11

Raiyati PartiKadim

Jivan Mahto and Nana

Mahto pesharan Narayan

Mahto, etc.

C

Turio

70

8

23 (P)

0.28

Raiyati Don 2

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi

C

Turio

70

34

25 (P)

0.06

GMK partiNala

Government Land

C

Turio

70

2

26 (P)

0.05

Raiyati Don 2

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi

C

Turio

70

8

33(P)

0.08

Raiyati Tand 2

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi

C

Turio

70

2

34 (P)

0.08

Raiyati Tand 2

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi

C

Turio

70

34

219 (P)

0.55

GMK Khatiyani Type

PP

Government land

C

Turio

70

8

274 (P)

0.22

Raiyati Don 1

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi

C

Turio

70

6

275 (P)

0.09

Raiyati Don 1

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

3

277(P)

0.51

Raiyati Don 2

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

6

278

0.17

Raiyati Tand 3

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

5

279

0.03

Raiyatiparti-pathar

Jivan Mahto and Nana

Mahto pesharan Narayan

Mahto, etc.

C

Turio

70

2

280

0.33

Raiyati Don 1

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi

C

Turio

70

8

281

0.24

Raiyati Don 1

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi

C

Turio

70

6

282

0.21

Raiyati Don 1

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

2

283

0.36

Raiyati Don 1

Dhuja Mahto S/o Giri

1322

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

Mahto, Caste Kurmi

C

Turio

70

3

284

0.08

Raiyati Don 2

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

3

285

2.93

Raiyati Don 1

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

2

286

0.14

Raiyati Tand 3

Dhuja Mahto S/o Giri

Mahto, Caste kurmi

C

Turio

70

8

287

0.08

Raiyati Tand 3

Barka daulat Mahto S/o

Hari Mahto, Caste kurmi

C

Turio

70

6

288

0.16

Raiyati Tand 3

Dumar Mahto S/o Hari

Mahto, Caste kurmi

C

Turio

70

34

289 (P)

44.80

GMK Khatiyani type

Jungle

Government Land

C

Turio

70

3

290

0.38

Raiyati Don 1

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

3

291

0.14

Raiyati Don 2

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

5

292

0.24

Raiyatipartinala

Jivan Mahto and Nana

Mahto pesharan Narayan

Mahto, etc

C

Turio

70

3

293

0.06

Raiyati Don 2

Churaman Mahto S/o

Raghu Mahto

C

Turio

70

11

294

0.56

Raiyati Don 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

7

295

0.12

Raiyati Don 2

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

7

296

0.29

Raiyati Don 2

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

7

297

0.08

Raiyati Don 2

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

35

298

0.12

GMK Aam Khatiyani

Type Road

Government Land

C

Turio

70

1

299 (P)

0.14

Raiyati Tand 2

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

11

300

0.16

Raiyati Tand 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

1

301 (P)

0.11

Raiyati Tand 1

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

9

302

0.19

Raiyati Tand 2

Nanhu Mahto S/o Narayan

Mahto, Caste kurmi

C

Turio

70

10

303

0.30

Raiyati Tand 2

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

11

304

0.08

Raiyati Tand 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

7

305

0.03

Raiyati Tand 2

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

7

306

0.08

Raiyati Tand 2

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

1

307 (P)

0.30

Raiyati Tand 1

Katika, S/O Chand, Caste -

Kurmi

C

Turio

70

7

308

0.40

Raiyati Tand 2

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

7

309

0.10

Raiyati Tand 1

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

1

310

0.03

RayiyatMakan 2

Katika, S/o Chand, Caste -

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1323

Sahan 1

Kurmi

C

Turio

70

35

311

0.11

GMK Aam Khatiyani

Type Road

Government Land

C

Turio

70

7

312

0.03

Rayiyat Makan 2

Sahan 1

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

7

313

0.08

Raiyati Tand 1

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

11

314

0.08

Rayiyat Makan 2

Sahan 1

Bihari

Mahto

and

Hardayal

Mahto

and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

7

315

0.11

Raiyati Tand 1

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi.

C

Turio

70

11

316

0.70

Raiyati Tand 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

7

317

0.18

Raiyati Tand 2

ChotaDaulat Mahto S/o.

Gopal Mahto, Caste kurmi

C

Turio

70

11

318

0.20

Raiyati Tand 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

10

319

0.27

Raiyati Tand 2

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

7

320

0.18

Raiyati Tand 2

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

9

321

0.58

Raiyati Tand 2

Nanhu Mahto S/o Narayan

Mahto, Caste kurmi

C

Turio

70

1

322

0.59

Raiyati Tand 2

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

10

323

0.49

Raiyati Tand 2

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

11

324

0.26

Raiyati Tand 3

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

1

325

0.15

Raiyati Tand 3

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

7

360

0.18

Raiyati Tand 2

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

11

361

0.14

Raiyati Tand 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

11

362

0.21

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

11

363

0.14

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

11

364

0.31

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

11

365

0.34

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

1324

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

C

Turio

70

11

366

0.09

Raiyati Don 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

1

367

0.18

Raiyati Tand 2

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

1

368

0.48

Raiyati Don 1

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

10

369

0.54

Raiyati Don 1

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

11

370

0.06

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto Pesharan

Narayan Mahto, etc.

C

Turio

70

7

371

0.29

Raiyati Don 1

Chota Daulat Mahto S/o

Gopal Mahto, Caste kurmi.

C

Turio

70

5

372

0.03

Raiyati PartiKadim

Jivan Mahto &nanhu

Mahto, Pesharan Mahto

etc

C

Turio

70

11

373

0.32

Raiyati Don 1

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc

C

Turio

70

1

374

0.33

Raiyati Don 1

Katika, S/o Chand, Caste -

Kurmi

C

Turio

70

7

375

0.03

Raiyati Don 2

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

11

376

0.03

Raiyati Don 2

Bihari Mahto and

Hardayal Mahto and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

10

377

0.03

Raiyati Don 2

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

10

409 (P)

0.04

Raiyati Don 2

Nuna Mahto S/o Badhiya

Mahto, Caste kurmi

C

Turio

70

7

423

0.03

Raiyati Don 3

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

32

426(P)

0.32

Raiyati Don 2

Kartik Singh S/o Babal

Singh, Caste Ghatwar

C

Turio

70

11

427 (P)

0.24

Raiyati Don 2

Bihari Mahto and

Hardayal Mahto & Nanku

Mahto pesharan Narayan

Mahto, etc

C

Turio

70

7

428 (P)

0.09

Raiyati Don 2

ChotaDaulat Mahto S/o

Gopal Mahto, Caste kurmi

C

Turio

70

11

429

0.08

Raiyati Don 2

Bihari

Mahto

and

Hardayal

Mahto

and

Nanku Mahto pesharan

Narayan Mahto, etc.

C

Turio

70

6

439

0.04

Raiyati Don 2

Dumar Mahto S/o Hari

Mahto, Caste Kurmi.

C

Turio

70

2

441

0.09

Raiyati Don 2

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi

C

Turio

70

6

442

0.09

Raiyati Don 3

Dumar Mahto S/o Hari

Mahto, Caste Kurmi

C

Turio

70

2

443 (P)

0.04

Raiyati Don 3

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi

C

Turio

70

444

0.09

Raiyati Don 2

Dhuja Mahto S/o Giri

Mahto, Caste Kurmi.

C

Turio

70

8

445 (P)

0.14

Raiyati Don 2

Barka daulat Mahto S/o

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1325

Hari Mahto, Caste Kurmi.

C

Turio

70

8

446 (P)

0.01

Raiyati Don 3

Barka daulat Mahto S/o

Hari Mahto, Caste Kurmi.

C

Turio

70

8

448 (P)

0.26

Raiyati Tand 3

Barka daulat Mahto S/o.

Hari Mahto.

C

Turio

70

6

449 (P)

0.03

Raiyati Tand 3

Dumar Mahto S/o. Hari

Mahto, Caste Kurmi

.

C

Turio

70

2

450 (P)

0.20

Raiyati Don 2

Dhuja Mahto S/o. Giri

Mahto, Caste Kurmi

C

Turio

70

8

451

0.03

Raiyati Don 3

Barka daulat Mahto S/o.

Hari Mahto, Caste Kurmi.

C

Turio

70

34

493 (P)

35.75

G.M.K. Khatiyani type

Jungle

Government Land

Total:

103.20

C

Tarmi

71

99

606 (P)

1.63

G.M.K. Khatiyani type

Jungle

Government Land

Total:

1.63

Boundary description:

Block

Boundary line

Boundary description

A

A-A1-A2-A

Block

boundary

starts

at

point

'A’

of

plot

number

119 of Makoli mouza and passing through points number A1 and A2 and closed

at point 'A’.

B

B-B1-B2-B3-B4-B5-

B6-B7-B8-B9-B10-

B11-B12-B13-B14-

B15-B16-B17-B18-

B19- B20a -B20-B21-

B22-B23-B24-B25-

B26-B27-B28-B29-

B30-B31-B32-B33-

B34-B35-B36-B37-B.

Block boundary starts at point ‘B’ of plot number 1 of Makoli mouza and passes

through point B1 (in plot number 18 of Makoli) to B2, B3, B4, B5, B6 (in plot

number 1 of Makoli) to B7 and B8 (in plot number 119 of Makoli ) turns to B9,

B10 and B11 (in plot number 119 of Makoli Mouza ) to B12 (in plot number

119 at Mouza boundary of Makoli and Tarmi) to B13 (Junction of mouza

Makoli and Tarmi ) to B14 and B15 (in plot No.1 of Tarmi mouza ) to B16 (in

plot number 02 of Tarmi ) to B17 (in plot number 27 of Tarmi) to B18 (in plot

number 1 of Tarmi mouza) to B19 and B20a (at mouza boundary of Turio and

tarmi) to B20 (at plot boundary of plot number 01 of Turio ) to B21 (in plot

number 01 of Turio ) to B22, B23, B24 (at plot boundary of plot number 01 of

Turio ) to B25, B26, B27 and B28 (in plot number 01 of Turio) to B29 (at

mouza boundary of Turio and Makoli ) to B30, B31, B32, B33, B34, B35 and

B36 (in plot number 118 of Makoli Mouza ) to B37 (in plot number 01 of

Makoli mouza) and closes at starting point B of plot number 01 of Makoli

mouza.

C

C0-C-C1-C2-C3-C4-

C5-C6-C7-C8-C9-

C9a-B28-B27-C10-

C11-C12-C13-B24-

B23-C0.

Block boundary starts at point C0 (in plot number 289 of Turio mauza) and

passes through point C (at plot number 323) to C1 (at plot number 360 of Turio)

to C2 (at plot number 363 of Turio) to C3 (at plot number 369 of Turio) to C4

(in plot number 289 of Turio) to C5 (at mouza boundary Turio and Tarmi) to C6

(in plot number 606 of mauza Tarmi) to C7 (at mauza bounary of Turio and

Tarmi) to C8 ( in plot number 493 of Turio mauza ) to C9 (in plot number 289 of

Turio) to C9a (in plot number 274 of Turio) to B28 and B27 (in plot number 01

of Turio) to C10 (at plot number 08 of Turiyo) to C11 (at plot number 17 of

Turiyo) to C12 (at plot number 274 of Turio) to C13 (at plot number 293 of

Turio ) to B24 and B23 (at plot boundary of plot number 01 of Turio ) and closed

at point C0.

[F. No. 43015/17/2019-LA & IR]

RAM SHIROMANI SAROJ, Director

1326

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

नई दिल् ली, 11 िुलाई, 2022

का.आ. 646.—को ला िारक क्षेत्र (अिजन और जवकास) अजिजन म,1957 (1957 का 20) (जिसे इसमें इसके

ृश् चात् उक् त अजिजन म किा ग ा िज) की िारा 9 की उृिारा (1) के अिीन िारी भारत के रािृत्र, भाग II, ंड 3,

उृ ंड (ii), तारी 27 नवम्बर, 2021 में प्रकाजित, भारत सरकार के को ला मंत्राल की अजिसूचना का. आ. सं्‍ ांक

811, तारी 24 नवम्बर, 2021 को िारी, उक् त अजिसूचना से संलग् न अनुसूची में वर्णिंत भूजम और ऐसी भूजम, (जिसे

इसमें इसके ृश् चात् उक् त भूजम किा ग ा िज), में ा उस ृर के सभी अजिकार, उक् त अजिजन म की िारा 10 की उृिारा

(1) के अिीन, सभी जवल् लंगमों से मुक् त िोकर, आत् ंजतक प ृ में केन् री सरकार में जनजित िो गई ी ;

और, केन् री सरकार का ि समािान िो ग ा िज, दक नािजनज कोलफील् ्स जलजमटेड, जिला ससंगरौली, मध् प्रिेि

(जिसे इसमें इसके ृश् चात् सरकारी कंृनी किा ग ा िज), ऐसे जनबंिनों और ितों का, िो केन् री सरकार इस जनजमत्त

अजिरोजृत करना उजचत समझे, अनुृालन करने के जलए रिामंि िज ;

अत: अब, केन् री सरकार, उक्त अजिजन म की िारा 11 की उृिारा (1) द्वारा प्रित् त िजक् त ों का प्र ोग करते

हुए, ि जनिेि िेती िज, दक इस प्रकार जनजित भूजम 564.323 िेक् टर (लगभग) ा 1394.442 एकड़ (लगभग) माृ वाली

उक् त भूजम में ा उस ृर के सभी अजिकार तारी 27 नवम्बर, 2021 से केन् री सरकार में इस प्रकार जनजित बने रिने के

बिाए, जनम् नजलज त जनबंिनों और ितों के अिीन रिते हुए, सरकारी कंृनी में जनजित िो िाएंगे, अ ाजत:-

(1) सरकारी कंृनी, उक् त अजिजन म के उृबंिों के अिीन और अन् सुसंगत जवजि ों के अिीन ा अविाररत सभी

प्रजतकर, ब् ाि, नुकसाजन ों और वजसे िी मिों की बाबत् सभी संिा करेगी;

(2) सरकारी कंृनी द्वारा ितज (1) के अिीन, संिे रकमों का अविारण करने के प्र ोिनों के जलए उक् त अजिजन म

की िारा 14 के अिीन एक अजिकरण का ग न दक ा िाएगा और दकसी ऐसे अजिकरण और उक्त अजिकरण की

सिा ता करने के जलए जन ुक् त व् जक् त ों के संबंि में उृगत सभी व् , उक्त सरकारी कंृनी द्वारा विन दकए

िाऐंगे और इसी प्रकार जनजित उक् त भूजम में ा उस ृर के अजिकारों के जलए ा उनके संबंि में अृीलों आदि

िजसी सभी जवजिक का जवाजि ों की बाबत् उृगत, सभी व् भी, सरकारी कंृनी द्वारा विन दकए िाऐंगे ;

(3) सरकारी कंृनी, केन् री सरकार ा उसके ृििारर ों की, ऐसे दकसी अन् व् के संबंि में क्षजतृूर्तज करेगी, िो

इस प्रकार जनजित उक् त भूजम में ा उस ृर के अजिकारों के बारे में, केन् री सरकार ा उसके ृििारर ों द्वारा ा

उनके जवप द्ध दकन् िीं का जवाजि ों के संबंि में आवश् क िो;

(4) सरकारी कंृनी के ृास उक्त भूजम और उक्त भूजम में इस प्रकार जनजित अजिकारों को केन्री सरकार के ृूवज

अनुमोिन के जबना, दकसी अन् व्यजक्त को अंतररत करने की िजक्त निीं िोगी; और

(5)

सरकारी कंृनी, ऐसे जनिेिों और ितों का ृालन करेगी, िो केन्री सरकार द्वारा, िब कभी आवश् क िो, उक्त

भूजम के जवजिष्ट क्षेत्रों के जलए दि े िाएं ा अजिरोजृत दकए िाएं।

[फा. सं. 43015/20/2020-एलए एण्ड आईआर]

राम जिरोमजण सरोि, जनिेिक

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1327

New Delhi, the 11th July, 2022

S.O. 646.—Whereas on the publication of the notification of the Government of India in the Ministry of

Coal, number S. O. 811, dated the 24th November, 2021, published in the Gazette of India, Part II, Section 3,

Sub-section (ii), dated the 27th November, 2021, issued under sub-section (1) of section 9 of the Coal Bearing Areas

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

rights in or over the lands described in the schedule appended to the said notification (hereinafter referred to as the

said lands) vested absolutely in the Central Government free from all encumbrances under sub-section (1) of section

10 of the said Act ;

And whereas, the Central Government is satisfied that the Northern Coalfields Limited, District Singrauli,

Madhya Pradesh (hereinafter referred to as the Government Company) is willing to comply with such terms and

conditions as the Central Government thinks fit to impose in this behalf ;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 11 of the said Act, the

Central Government hereby directs that the said land measuring 564.323 hectares (approximately) or 1394.442 acres

(approximately) and all rights in or over the said lands so vested shall with effect from the 27th November, 2021

instead of continuing to so vest in the Central Government, shall vest in the Government Company, subject to the

following terms and conditions, namely:-

(1)

The Government company shall make all payments in respect of compensation, interest, damages and the

like, as determined under the provisions of the said Act and other relevant laws ;

(2)

A Tribunal shall be constituted under section 14 of the said Act, for the purpose of determining the amounts

payable by the Government company under condition (1) and all expenditure incurred in connection with

any such Tribunal and persons appointed to assist the Tribunal shall be borne by the Government company

and similarly, all expenditure incurred in respect of all legal proceedings like appeals, etc. for or in

connection with the rights, in or over the said land, so vested, shall also be borne by the Government

company;

(3)

The Government company shall indemnify the Central Government or its officials against any other

expenditure that may be necessary in connection with any proceedings by or against the Central Government

or its officials regarding the rights in or over the said lands so vested ;

(4)

The Government company shall have no power to transfer the aforesaid rights in the said lands so vested to

any other persons without the prior approval of the Central Government ; and

(5)

The Government company shall abide by such directions and conditions as may be given or imposed by the

Central Government for particular areas of the said lands, as and when necessary.

[F. No. 43015/20/2020- LA & IR]

RAM SHIROMANI SAROJ, Director

श्रम और रोिगार मंत्राल

ubZ fnYyh] 1 tqykbZ] 2022

औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री सरकार

mik;qDr] dsUnzh; fo|ky; laxBu] ctkt uxj] t;iqj, (रािस्ट् ान)] izkpk;Z] dsUnzh; fo|ky;] Hkkysjh jksM] pw:]

(रािस्ट् ान) के प्रबंितंत्र के संबद्ध जन ोिकों और श्री jruyky, कामगार, के बीच अनुबंि में जनर्िजष्ट केन्री सरकार

औद्योजगक अजिकरण- सि- श्रम न् ा ाल - ि ृुर (रािस्ट् ान) ृंचाट (संिभज सं्‍ ा 75/2015) को िजसा दक अनुलग्नक में

दि ा ा ग ा िज, प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉृी के सा 15.06.2022 को प्राप्त हुआ ा l

[सं. एल–42012/143/2015–आईआर(डी ू)]

डी. के. जिमांिु, अवर सजचव

1328

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 1st July, 2022

S.O. 647.— In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 75/2015) of the Central Government Industrial Tribunal cum

Labour Court –Jaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Deputy Commissioner, Central School, bajaj nagar, jaipur, (Rajasthan); The Principal, Kendriya Vidyalaya

Sangathan, Churu, (Rajasthan) and Shri Ratanlal, worker, which was received along with soft copy of the award by

the Central Government on 15.06.2022.

[No. L- 42012/143/2015-IR(DU)]

D. K. HIMANSHU, Under Secy.

ihBklhu vf/kdkjh % jk/kkeksgu prqosZnh

L-42012/143/2015–IR(DU)

27/08/2015

jruyky iq= Jh fyNe.kukFk tksxh

fuoklh okMZ ua- 11 pw:

}kjk vf/kd`r la?k izfrfuf/k

---izkFkhZ

1-

mik;qDr] dsUnzh; fo|ky; laxBu] 92 xka/kh uxj ekxZ] ctkt uxj] t;iqj & 302015

2-

izkpk;Z] dsUnzh; fo|ky;] Hkkysjh jksM] pw: & 331001

---vizkFkhZ fu;kstd

izkFkhZ dh vksj ls % dksbZ ugha

vizkFkhZ dh vksj ls % Jh gok flag &vf/koDrk

fnukad % 07&04&2022

1-

Je ea=ky; Hkkjr ljdkj] ubZ fnYyh }kjk fnukad 27/08/2015 dks vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls vkxs

ek= vf/kfu;e dgk tkosxk½ dh /kkjk 10 ¼1½ Mh o 2 , ds vUrXkZr iznRr 'kfDr;ksa ds iz;ksx esa fuEukafdr fookn bl

vf/kdj.k dks U;k;fu.kZ;u gsrq lanfHkZr fd;k x;k D;k izca/ku izkpk;Z] dsUnzh; fo|ky;] pq: dk deZdkj Jh jruyky iq=

Jh fyNe.kukFk tksxh] ckxoku dks ekSf[kd vkns'k fnukad 05-02-2015 ds }kjk ukSdjh ls fudkyk tkuk U;k;ksfpr ,oa

U;k;laxr gS\ ;fn ugha rks deZdkj fdl vuqrks"k dks ikus dk vf/kdkjh gS\**

2-

fnukad 9-3-2016 dks izkFkhZ us nkos dk vfHkdFku izLrqr fd;k vkSj ;g dgk fd fnukad 2-9-2013 dks izkFkhZ dks

nSfud osru Hkksxh ds in ij dsUnzh; fo|ky; vkS|ksfxd laLFkku ds fu;kstu esa fu;qDr fd;k x;kA fnukad 5-2-2015 rd

izkFkhZ yxkrkj bl in ij dk;Zjr jgkA izkFkhZ ls vko';drkuq:i prqFkZ Js.kh deZpkjh ds in dk Hkh dk;Z fy;k x;kA izkFkhZ

dh lsok foi{kh ds fu;kstu esa ,d dsys.Mj o"kZ dh vof/k esa 240 fnu ls vf/kd gksus ls izkFkhZ vkSj foi{kh ds e/;

fu;kstd vkSj deZdkj ds laca/k gSA izkFkhZ us foi{kh ls pijklh ds fjDr in ij fu;fer fd;s tkus dh ekax dh ftlls

f[kUu gksdj foi{kh us fnukad 5-2-2015 dks ekSf[kd vkns'k ls izkFkhZ dh lsok lekIr dj nhA lsoklekfIr ds iwoZ vf/kfu;e

dh /kkjk 25 ¼,Q½ ds varxZr izkFkhZ dks dksbZ uksfVl vFkok uksfVl osru ,o¡ NaVuh eqvkotk ugha fn;k x;kA izkFkhZ ls

dfu"B O;fDr;ksa dks lsok esa j[krs gq;s izkFkhZ dks gVk fn;k x;kA blfy;s foi{kh }kjk vf/kfu;e dh /kkjk 25 ¼,Q] th ,oa

,p½ ds izko/kkuksa dk mYya?ku fd;s tkus ls lsoklekfIr voS/k gSA vr% izkFkhZ dks foxr osru] ifjykHk ,oa lsok esa fujarjrk

lfgr cgky fd;k tkosaA

foi{kh us oknksRrj esa okn ds rF;ksa dks vLohdkj fd;k vkSj ;g dgk fd dsUnzh; fo|ky; esa lQkbZ] lqj{kk rFkk

ckxokuh ds fy;s ekU;rk izkIr QeksZa ls djkj fd;k tkrk gSA ;g lafonk fo|ky; vkSj QeZ ds chp gksrh gSA QeZ }kjk gh

deZdkj dks fu;qDr fd;k tkrk gSA izkFkhZ dks lkabZ IyslesaV ,tsalh }kjk 'kq: esa ckxokuh dk;Z ds fy;s yxk;k x;k FkkA

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1329

izkFkhZ] foi{kh dk nSfud osru Hkksxh deZpkjh ugha Fkk] uk gh mldh fu;qfDr foi{kh }kjk dh x;hA izkFkhZ dh lsok lafonktU;

Bsds ij nh xbZ FkhA blfy;s foi{kh }kjk bl izdj.k esa uksfVl ;k uksfVl osru rFkk NaVuh eqvkots dh jk'kh dk Hkqxrku

djus dh vis{kk djuk mfpr ugha gSA vr% okn fujLr fd;k tkosaA izkFkhZ us oknksRrj ds mijkar vfrfjDr dFku Hkh izLrqr

fd;s gSA

3-

izkFkhZ us vius lk{; esa Loa; jruyky dks ijhf{kr fd;kA izys[kh; lk{; esa izn'kZ MCY;w&1 ls MCY;w&24 rd

izys[k iznf'kZr fd;sA

4-

foi{kh us viuh lk{; esa fnukad 11-7-2019 dks vksekjke pkS/kjh] izkpk;Z dks lk{; esa izLrqr djrs gq;s 'kiFk&i=

izLrqr fd;k fdarq fnukad 11-7-2019 ls 21-12-2021 rd izkFkhZ us foi{kh ds lk{kh Jh vksekjke pkS/kjh ls volj fn;s tkus

ds mijkar Hkh izfrijh{kk ugha dhA blfy;s foi{kh lk{kh ls izkFkhZ }kjk izfrijh{kk fd;s tkus dk volj lekIr dj fn;k

x;kA foi{kh us izys[kh; lk{; esa izn'kZ ,e&1 vkSj ,e&4 izys[kksa dks iznf'kZr fd;kA

5-

fnuakd 30-3-2022 dks izkFkhZ i{k iqu% vuqifLFkr jgkA vr% foi{kh vfHkHkk"kd ds ekSf[kd rdZ lqus vkSj lk{; ij

fopkj fd;kA

6-

foi{kh dk ;g rdZ gS fd izkFkhZ dks lkabZ IyslesaV ,tsalh ds ek/;e ls ckxokuh dk;Z ds fy;s j[kk x;k FkkA lkabZ

IyslesaV ,tsalh gh izkFkhZ dh fu;kstd FkhA foi{kh }kjk lkabZ IyslesaV ,tsalh dks gh lafonktU; ns; jkf'k dk Hkqxrku fd;k

tkrk FkkA izn'kZ MCY;w&6 ls MCY;w&22 rd tks mifLFkfr jftLVj izLrqr fd;s x;s gaS] bu ij Li"V vafdr gS fd ;g

jftLVj vuqcaf/kr deZpkfj;ksa ds gSA izn'kZ ,e&1 vkSj ,e&2 lkabZ IyslesaV ,tsalh ls foi{kh }kjk fd;k x;k vuqca/k gSA

izn'kZ ,e&3 vxLr 2013 ls tuojh 2015 rd lkabZ IyslesaV ,tsalh dks fcy ds vk/kkj ij fd;k x;k Hkqxrku gSA blh

izdkj ,e&4 bl vuqca/k dh vof/k esa vfHko`f) fd;s tkus dk i= gSA mudk ;g Hkh rdZ gS fd foi{kh lk{kh ls dksbZ

izfrijh{kk izkFkhZ }kjk ugha dh x;h gS] blfy;s foi{kh ds dFku v[kafMr jgs gSA bl izdkj izkFkhZ dks foi{kh }kjk lsok esa

fu;ksftr fd;k tkuk vkSj lsokeqDr fd;k tkuk fdlh izdkj izekf.kr ugha gksrk gSA vr% okn fujLr fd;k tkosaA

7-

eSusa fo}ku vfHkHkk"kd foi{kh }kjk izlrqr rdksZa ij /;kuiwoZd fopkj fd;k ,oa lk{; dk ifj'khyu fd;kA

8-

bl fookn esa loZizFke ;g fopkjh.kh; gS fd D;k izkFkhZ vkSj foi{kh ds e/; deZdkj vkSj fu;kstd ds laca/k

fo|eku jgs gSA

9-

izkFkhZ us vius lk{; esa ;g dgk gS fd mldh fu;qfDr nSfud osru Hkksxh deZpkjh ds :i esa foi{khx.k ds v/khu

fnukad 2-9-2013 dks bqbZ FkhA izkFkhZ us vius lk{; esa mifLFkfr iaftdk izn'kZ MCY;w&6 ls MCY;w&24 rd izLrqr dh gSA

mifLFkfr iaftdkvksa ds voyksdu ls ;g izdV gksrk gS fd bu iaftdkvksa ij Li"V :i ls ;g vafdr gS fd ;s iaftdk

vuqcaf/kr deZpkjhx.k dh mifLFkfr ls lacaf/kr gSA mYys[kuh; gS fd bu mifLfFkfr iaftdkvksa ij izkFkhZ dks Hkqxrku fd;s

tkus laca/kh dksbZ vadu ugha gSA izkFkhZ us viuh izfrijh{kk esa ;g dgk gS fd mls dksbZ fyf[kr fu;qfDr vkns'k ugha fn;k

x;k gSA mls ;g irk ugha gS fd foi{kh lkabZ IyslesaV ,tsalh ds ek/;e ls ckxokuh vkSj lQkbZ dk dk;Z djokrs gks\

izkFkhZ dgrk gS fd mls ru[okg dsUnzh; fo|ky; ds fizflaiy nsrs FksA mls ru[ok nsrs le; jftLVj esa gLrk{kj djokrs

FksA og jftLVj gkftjh dk jftLVj FkkA fdarq izkFkhZ dh vksj ls izLrqr gkftjh jftLVj izn'kZ 6 ls 23 ds voyksdu ls

izkFkhZ dks osru Hkqxrku dk dksbZ lk{; miyC/k ugha gksrk gSA izkFkhZ iqu% vufHkKrk O;Dr djrs gq, dgrk gS fd mls irk

ugaha fd gkftjh jftLVj esa gLrk{kj Bsdsnkj dks fn[kkus ds fy;s djokrs gksA og ;g Hkh Kkr gksus ls badkj djrk gS fd

foi{kh gj lky lkabZ IyslesaV ,tsalh ls vuqca/k djrs gksA izkFkhZ dh lk{; dh bl fLFkfr esa foi{kh lk{kh vksekjke pkS/kjh ds

dFku egRoiw.kZ izrhr gksrs gSaA ftlesa mlus dgk gS fd fo|ky; esa lQkbZ] lqj{kk rFkk ckxokuh dh O;oLFkk ds fy;s

dsUnzh; fo|ky; laxBu ds fn'kkfunsZ'k vkSj fu;eksa ds vuq:i fdlh ekU;rk izkIr QeZ ls vuqca/k ds vk/kkj ij lsok yh

tkrh gSA ckxokuh dk;Z ds fy;s lkabZ IyslesaV ,tsalh pw: }kjk izkFkhZ dks lafonk ds vk/kkj ij j[kk x;k FkkA bl vk'k;

dk i= izn'kZ ,e&4 lkabZ IyslesaV ,tsalh dks fy[kk x;k FkkA izn'kZ ,e&4 dsUnzh; fo|ky; pw: esa lkQ lQkbZ rFkk

ckxokuh ds dk;Z dk vuqca/k fnukad 1-11-2013 ls 31-01-2014 rd c<k;s tkus ds laca/k esa gSA izn'kZ ,e&3 ds voyksdu ls

;g izdV gksrk gS fd lkabZ IyslesaV ,tsalh pw: }kjk vDVwcj 2013 ls tuojh 2015 rd dsUnzh; fo|ky; pw: esa ckxokuh

dk;Z fd;s tkus ds QyLo:i izLrqr fd;s x;s fcy gaS] ftudk Hkqxrku foi{kh }kjk fd;k x;kA izn'kZ ,e&1 o 2 lkabZ

IyslesaV ,tsalh vkSj foi{kh ds e/; ckxokuh lsok iznku djus laca/kh lafonk dh 'krsZa vkSj fuca/ku gSa] ftu ij mHk;i{k ds

gLrk{kj fo|eku gSaA ;g mYys[kuh; gS fd foi{kh ds lk{kh vkSekjke pkS/kjh ls izkFkhZ dh vksj ls dksbZ izfrijh{kk ugha dh

x;h gSA bl fLFkfr esa foi{kh dh ekSf[kd ,oa izys[kh; lk{; dk dksbZ [kaMu izkFkhZ }kjk u fd;s tkus ds dkj.k bl lk{kh

ds dFku Lohdk;Z izekf.kr gksrs gaSA

1330

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

10-

lk{; ds bl foospu ls ;g izekf.kr gksrk gS fd izkFkhZ dh fu;qfDr foi{khx.k ds laosnd eSllZ lkabZ IyslesaV

,tsalh pw: }kjk dh xbZA mDr laosnd }kjk ckxokuh dk;Z ds fy;s fu;qDr ,d O;fDr ds osru dk Hkqxrku izn'kZ ,e 3

fcy ds ek/;e ls foi{kh ls izkIr fd;k x;kA mYys[kuh; gS fd mDr laosnd us osru jkf'k dk Hkqxrku izkFkhZ dks fd;k

vFkok fdlh vU; O;fDr dks ;g rF; Hkh Li"V ugha gks ik;k gSA bl izdkj izkFkhZ vkSj foi{kh ds e/; vf/kfu;e dh /kkjk

2 ¼th½ vkSj ¼,l½ ds varxrZ ifjHkkf"kr fu;kstd vkSj deZdkj ds laca/k izekf.kr ugha gks ik;s gSA blfy;s izkFkhZ dks

vf/kfu;e dh /kkjk 25 ¼,Q]th vkSj ,p½ ds izko/kkuksa dk laj{k.k fdlh izdkj miyC/k ugha gSA

11-

mi;qZDr foospu ds mijkar pwafd izkFkhZ foi{kh }kjk fu;ksftr ckxoku gksuk izekf.kr ugha gqvk gS blfy;s fnuakd 5-

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tkrk gSA

13-

vf/kfu.kZ; dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk 17 ¼1½ ds vUrXkZr

izdk'kukFkZ izsf"kr dh tkosA

jk/kk eksgu prqoZsnh] ihBklhu vf/kdkjh

ubZ fnYyh] 8 tqykbZ] 2022

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

MCY;w-lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; tcyiqj ds iapkV (lanHkZ la[;k 27/1996) dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-07-2022 dks izkIr gqvk FkkA

[la- ,y-22012@210@95-vkbZ-vkj- ¼lh-II½]

jktsUnz flag] voj lfpo

New Delhi, the 8th July, 2022

S.O. 648.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 27/1996) of the Central Government Industrial Tribunal-cum-

Labour Court JABALPUR as shown in the Annexure, in the industrial dispute between the Management of W.C.L.

and their workmen, received by the Central Government on 07.07.2022.

[No. L-22012/210/95 –IR (C-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/27/1996

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

Shri Mangal Singh,

Mohan colliery, WCL,

Kanhan Area,PO-Junnardeo

District Chhindwarha (M.P.)

…Workman

Versus

The Manager

Mohan colliery, WCL,

Kanhan Area,PO-Junnardeo

District Chhindwarha (M.P.)

…Management

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1331

AWARD

(Passed on 17-6-2022 )

As per letter dated 8-11-95 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification

No.L-22012(210)/95-IR(C-II). The dispute under reference relates to:

“Whether the action of the management of Mohan Colliery, WCL, PO Junardeo, District Chhindwara

(M.P.) in dismissing Sh. Mangal S/o Munni, Tub Loader Mohan Colliery w.e.f. 4-2-94 is justified ?if not,

to what relief the worker is entitled? .”

1.

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

appeared and filed their respective statement of claim/defence.

2.

The case of the workman as stated in his statement of claim is that he was appointed as a Tub Loader in

1972. He received injuries in his eyes while working in the mines in the year 1987. He received treatment for his

injuries but could not recover fully. He was earlier working in the mines. He requested the Management to given him

job of surface duty. The Management did not accede to his demand. The Management issued a false charge sheet

levelling false and fake charges and under the pretext of departmental inquiry, removed him from service on

4-2-1994. According to the workman the action of the management was against law. The workman has accordingly

prayed for his reinstatement with all back wages and benefits , setting aside his removal.

3.

The case of the Management is that while he was working as Tub-Loader in Mohan Colliery of Kanhan Area,

his work was found totally unsatisfactory as he was in the habit of absenting himself from duty without any

intimation, permission or sanction of leave. He was given ample opportunity to improve himself but of no avail. He

remained absent from duty from 4-12-1991 without any intimation, permission and sanction of leave. He was directed

to report on duty many time which he did not comply. Thereafter the management issued a letter No.1203 dated

15-9-1992 directing him to report on duty immediately. The workman did not report on duty, hence the Management

issued a charge sheet dated 18-9-1992 for his willful and unauthorized absence from work from 4-12-1991 to

18-9-1992. The workman submitted an application dated 16-9-1992 to the Branch Manager received by the Office on

19-9-1992 and reported on duty on 19-9-1992. He remained in office for three days i.e. 19-9-1992, 20-9-1992 ad

21-9-1992 but worked only on 19-9-1992, thereafter he remained absent from 21-9-1992 without any intimation,

permission or sanction of leave. He did not care to reply to the charge sheet, hence the Management decided to

constitute a departmental inquiry vide order of Management dated 30-9-92. Shri S.C.Chetrapal, the then Senior

Personnel Officer of Mohan Colliery was appointed as Inquiry Officer. Shri A.K.Verma Safety Officer was appointed

as the management representative. The Inquiry Officer fixed a date 28-10-92 and sent a memo notice dated 18-10-92

to the workman for fixing this date by registered post at his permanent address. The notice was returned back

undelivered. A copy of this notice was also sent by Peon Shatru Prasad on the company accommodation address of

the workman which was also returned back unserved because the workman was not found on that address. The

workman did not appear before the Inquiry Officer on 28-10-1992. The inquiry was adjourned for 7-11-1992. Again

a notice was sent to the workman by registered post which was returned undelivered. Then the inquiry was adjourned

for 8-2-1993. The registered notice sent to the workman for this date was also received unserved, hence the notice

was published in newspaper, Nav Bharat Times, Nagpur edition on 4-2-1993. The workman did not appear on this

date also. Then the inquiry proceeded against the workman. Statements of the four witnesses were recorded and

documents were produced by Management representative. The inquiry Officer submitted his Inquiry Report

recording a finding of proof of charge of misconduct by way of habitual unauthorized and willful absence. The

Disciplinary Authority after following the principles of natural justice agreed to the finding of the Inquiry Officer

and then passed the impugned order of punishment of dismissal from service vide order dated 4-2-1994. Thus

according to the management, the Inquiry was conducted according to Rules and procedures providing the workman

sufficient opportunity which he never availed. The charges were proved during the inquiry and the punishment is also

not disproportionate to the charges. Accordingly, the Management is requested that the reference be answered against

the workman.

4.

It comes from perusal of record that the workman did not appear during the proceedings before this Tribunal,

hence award was passed by my learned Predecessor on 2-10-1999 holding that since the workman did not appear, the

dispute probably cease to exist.

5.

The workman preferred a writ petition before the High Court of M.P. at Jabalpur W.P.No.6369/2001 which

was finally decided by the Single Bench vide order dated 27-4-2017. Hon’ble High Court of M.P. set aside the award

holding that no dispute award could not passed and directed the Tribunal to pass a fresh award after giving

opportunity of hearing to the parties.

6.

After receipt of this order of Hon’ble High Court of M.P., notices were issued to the parties which were

served. The parties appeared through their respective counsel. During the pendency of this case, it came out that the

1332

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

workman had died in between, hence notices were sent to the legal representatives of the deceased workman and were

served, but they have not appeared.

7.

None appeared from the side of the workman. At the time of argument also, no written argument was filed.

I have heard learned counsel for the Management and have gone through the record.

8.

The following issues come up for determination in the case in hand:-

(1)

Whether the inquiry conducted was legal and proper?

(2)

Whether the charges are proved from the inquiry?

(3)

Whether the punishment is proportionate to the charge?

(4)

Whether the workman is entitled to any relief?

9.

ISSUE NO.1:-

It comes out from the perusal of the record that the inquiry proceeded ex-parte against the workman. The burden to

prove the fact that the workman was not given sufficient opportunity to defend himself during the inquiry is on the

workman. No evidence has been adduced from the side of the workman on this point. On the other hand the case of

the management is that notices were issued to the workman on the inquiry for each and every date. They could not be

served because the workman was not found on the address mentioned in his service record, hence notices were

published in the newspaper. He did not appear even thereafter.

10.

Perusal of the record reveals that the charges framed against the workman was as follows:-

(1)

Rule 26.24: Habit of absenting without sufficient reasons or habit of coming late.

(2)

Rule 26.30 Absence from duty without sanctioned leave or sufficient cause or overstaying

beyond sanctioned leave.

11.

The perusal of the record further reveals that registered notice were sent to the workman for the dates fixed

which were returned unserved as the workman was not found on the address mentioned in his service records. It is

established that notices were published in the newspaper also.

12.

The learned counsel for the management has referred to decisions of Hon’ble the Apex Court in case of

State of Tamil Nadu and Others Vs,. M.Natrajan and Another (1997)4 LLN.50., wherein it has been held that

when the delinquent employee choose not to participate in the inquiry, inspite of information, the Inquiry Officer was

justified in proceeding with the inquiry in his absence.

13.

IN another case the State Bank of India and Others Vs. Narendra Kumar Pandey (2013)2 SCC 740

referred to by learned counsel for the management, it has been held that in ex-parte inquiry if the charges are borne

out from the documents kept in normal business, no oral evidence is required to prove the charges. It was also held

that when the delinquent employee did not appear before the Inquiry Officer, inspite of knowledge, the Inquiry

Officer was justified to proceed ex-parte against him.

14.

IN the light of the above discussion, the departmental inquiry is held legal and proper against the workman.

Issue No.1 is answered accordingly.

15.

ISSUE NO.2:-

The charge against the workman has been dealt earlier. I have gone through the report and the inquiry proceedings.

There is a statement of four Management witness in support of charge. I have gone through their statement. These

witnesses have filed documents in respect of attendance sheet which support their statement, hence from the

aforementioned evidence collected during the inquiry, the finding of the inquiry officer that the charge of misconduct

against the workman by way of unauthorized , willful absence from duty is justified in law and fact and the charges

are held proved. Issue No.2 is decided accordingly.

16.

ISSUE NO.3-

Before proceeding, the settled preposition of law on the issue requires to be mentioned, which is as follows:-

It is admitted proposition of law that the Court cannot sit in appeal or it cannot re-appreciate the evidence

relied before Inquiry Officer; in as much as it cannot alter the order or punishment; however, the scope of invoking

the powers given under Section 11 A of the Act, by the Labour Court is confined to the condition that the Court

should interfere with the order of punishment when it is disproportionate with respect to the misconduct committed or

it is harsh.

1.

Hon’ble Apex Court in B.C. Chayurvedi v. Union of India, (1995) 6 SCC 749 while discussing about

the scope of judicial review, in disciplinary matters, has observed as under:

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1333

“The High Court/Tribunal, while exercising the power of judicial review, cannot normally substitute

its own conclusion on penalty and impose some other penalty. If the punishment imposed by the

disciplinary authority or the appellate authority shocks the conscience of the High Court/Tribunal, it

would appropriately mold the relief, either directing the disciplinary/appellate authority to

reconsider the penalty imposed, or to shorten the litigation, it may itself, in exceptional and rare

cases, imposed appropriate punishment with cogent reasons in support thereof.”

2.

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble Apex Court has observed that:

Normally, the punishment imposed by a disciplinary authority should not be disturbed by the High

Court or a tribunal except in appropriate cases that too only after reaching a conclusion that the

punishment imposed is grossly or shockingly disproportionate, after examining all the relevant

factors including the nature of charges proved against, the past conduct, penalty imposed earlier, the

nature of duties assigned having due regard to their sensitiveness, exactness expected of an

discipline required to be maintained, and the department /establishment which the delinquent person

concerned works.”

3.

In United Commercial Bank vs. P.C. Kakkar (2003) 4 SCC 364 Hon’ble Apex Court on review of a

long line of cases and the principles of judicial review of administrative action under English law

summarized the legal position in the following words:

The common thread running through in all these decisions is that the court should not interfere with

the administrators’ decision unless it was illogical or suffers from procedural impropriety or was

shocking to the conscience of the court, in the sense that it was in defiance of logic or moral

standards. In view of what has been stated in Wednesbury case the court would not go into the

correctness of the choice made by the administrator open to him and the court should not substitute

its decision to that of the administrator. The scope of judicial review is judicial review is limited to

the deficiency in decision-making process and not the decision.

To put it differently, unless the punishment imposed by the disciplinary authority or the appellate

authority shocks the conscience of the court/tribunal, there is no scope for interference. Further, to

shorten litigation it may, in exceptional and rare cases, impose appropriate punishment by recording

cogent reasons in support thereof.”

4.

In Union of India vs. S.S. Ahluwalia (2007) 7 SCC 257 Hon’ble Supreme Court reiterated the legal

position as follows:

“……… The scope of judicial review in the matter of imposition of penalty as a result of disciplinary

proceedings is very limited. The court can interfere with the punishment only if it finds the same to

be shockingly disproportionate to the charges found to be proved.”

5.

In State of Meghalaya v. Mecken Singh N. Marak (2008) 7 SCC 580 Hon’ble Supreme Court stated

that:

“The punishment imposed by the disciplinary authority or the appellate authority unless shocking to

the conscience of the court, cannot be subjected to judicial review.

6.

Hon’ble Apex Court in Administrator, Union Territory of Dadra and Nagar Haveli vs. Gulbhia M.

Lad (2010) 2 SCC (L&S) 101 has observed that :

“The legal position is fairly well settled that while exercising the power of judicial review, the High

Court or a Tribunal cannot interfere with the discretion exercised by the disciplinary authority,

and/or on appeal the appellate authority with regard to the imposition of punishment unless such

discretion suffers from illegality or material procedural irregularity or that would shock the

conscience of the court/tribunal. The exercise of discretion in imposition of punishment by the

disciplinary authority or appellate authority is dependent on host of factors such as gravity of

misconduct, past conduct, the nature of duties assigned to the delinquent, responsibility of the

position that the delinquent holds, previous penalty, if any, and the discipline required to be

maintained in the department or establishment he works. Ordinarily the court or the tribunal would

not substitute its opinion on reappraisal of facts.

7.

Hon’ble Apex Court in (2011) 1 Supreme Court Cases (L&S) 721 has observed that:

It is now well settled that the courts will not act as an appellate court and reassess the evidence led in

the domestic enquiry, nor interfere on the ground that another view is possible on the material on

record. If the inquiry has been fairly and properly held and the findings are based on evidence, the

question of adequacy of the evidence or the reliable nature of the evidence will not be grounds for

interfering with the findings in departmental enquiries. Therefore, the courts will not interfere with

1334

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

findings of fact recorded in departmental inquiries, except where such findings are based on no

evidence or where they are clearly perverse. The test to find out perversity is to see whether a

tribunal acting reasonably could have arrived at such conclusion or findings, on the material on

record. The courts will however interfere with the findings in disciplinary matters, if principles of

natural justice or statutory regulations have been violated or if the order is found to be arbitrary,

capricious, mala fide or based on extraneous considerations.

17.

As per Rules, willful and unauthorized absence from duty invites major punishment of dismissal also. Hence

the punishment cannot be held so shockingly disproportionate to warrant any interference by this Tribunal. Issue

No.3 is also answered against the workman.

18.

ISSUE NO.4:-

In the light of the findings recorded in Issue No.2 and 3, the workman is held entitled to no relief. Issue

19.

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

A.

The action of the management of Mohan Colliery, WCL, PO Junardeo, District Chhindwara

(M.P.) in dismissing Sh. Mangal S/o Munni, Tub Loader Mohan Colliery w.e.f. 4-2-94 is held

to be justified in law and fact.

B.

The workman is held entitled to no relief.

20.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 11 tqykbZ] 2022

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

Hkkjrh; LVsV cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 93@2012½ dks izdkf'kr djrh gSA

[la- ,y-12012@46@2012-vkbZ vkj ¼ch-1½

Mh- xqgk] voj lfpo

New Delhi, the 11th July, 2022

S.O. 649.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 93/2012) of the Cent. Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India and

their workmen.

[No. L-12012/46/2012– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/93/2012

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

Shri Maharaj Kumar Nishad,

S/o Shri Gorelal Nishad,

Shankar Nagar, Nawagarh,

District Bemetara (CG)

…Workman

Versus

The Branch Manager,

State Bank of India,

Sector-1, Bhilai

District Durg (Chhattisgarh)

…Management

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1335

AWARD

(Passed on 10-6-2022)

As per letter dated 30-8-2012 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification

No.l-12012/46/2012-IR(B-1) The dispute under reference relates to:

“Whether the action of the management of State Bank of India in terminating the service of Shri maharaj

Kumar Nishad w.e.f. 17/5/2009 is legal and justified? To what relief the workman is entitled? .”

1.

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

filed their respective statement of claim/defense

2.

The case of the workman as stated in his statement of claim is that he worked in the Nawgarh Branch of the

Bank as a daily wager since 1996 to 17-5-2009 continuously and completed continuous service of 240 days in every

year including the year preceding the date of his dis-engagement. He was disengaged without giving any notice or

compensation. Being engaged continuously for around 13 years, he had acquired status of temporary staff , hence his

dis-engagement is against law. Accordingly the workman has prayed for his reinstatement with back wages and

benefits.

3.

The case of the Management is mainly that there is Local Implementation Committee of staff members for

welfare of staff members in every branch. The Branch manager is the ex-officio President of the Said Committee.

The bank provides subsidy to the Committee for running canteen and catering services for the staff members working

in the branch. The said Committee engages canteen boys. Then Bank has nothing to with the engagement of such

canteen boys nor has any supervisory or administrative control over them. Payment of such canteen boys is made by

the Local Implementation Committee and not by the Bank. The workman in fact was engaged as a canteen boy by the

Local Implementation Committee. He was never engaged by the bank as claimed by the workman, hence there is no

question of his dis-engagement by Bank rather he was dis-engaged by the Local Employment Committee. This is also

the case of the Management that the workman never completed 240 days in continuous engagement in any year

preceding the date of his disengagement, accordingly the Management has requested that the reference be answered

against her workman.

4.

The workman has filed rejoinder, wherein he has mainly reiterated his case as stated in his statement on oath.

5.

None of the parties have filed any written or documentary evidence. The Management has filed written

arguments. None was present for workman at the time of argument. The workman has not filed any written argument

also.

6.

I have gone through the written argument filed by the Management and record .

7.

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

8.

The initial burden to prove his case as taken in his statement of claim is on the workman. He has failed in

doing so, hence holding his claim not proved, the reference deserves to be answered against the workman and is

answered accordingly.

9.

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

A. The action of the management of State Bank of India in terminating the service of Shri maharaj

Kumar Nishad w.e.f. 17/5/2009 is held to be legal and justified.

B. The workman is held entitled to no relief.

10.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 11 tqykbZ] 2022

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

Hkkjrh; LVsV cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 8@2005½ dks izdkf'kr djrh gSA

[la- ,y-12012@236@2004-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

1336

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 11th July, 2022

S.O. 650.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 8/2005) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India and

their workmen.

[No. L-12012/236/2004– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/8/2005

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

Shri Kailash Prasad

S/o Shri Bhuvneshwar Prasad

Jhuggi No.23, Dharampuri,

Near Regional College,

Shyamla Hills Bhopal

…Workman

Versus

The Chief General Manager,

State Bank of India

Local Head Office,

Hoshangabad Road,

Bhopal (M.P.)

…Management

AWARD

(Passed on 10-5-22)

As per letter dated 28-12-2004 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification

No.L-12012/236/2004-IR(B-1) The dispute under reference relates to:

“Whether the action of the management of Chief General Manager, State Bank of India,Bhopal in

terminating the services of Shri Kailash Prasad S/o Shri Bhuvaneshwar Prasad w.e.f. 1/2/1998 is

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

1.

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

filed their respective statement of claim/defense.

2.

The case of the workman as stated in his statement of claim is that he was called for interview by the

management vide letter dated 27-4-1987 and after interview, he was first appointed as a daily wager on 11-5-1989 in

the Govindpura Branch of the Bank in Bhopal since then he has been working continuously till 23-12-1992 in the said

Branch and thereafter transferred to Sultaniya Road Branch, Bhopal where he worked continuously till 31-1-1998.

He was illegally disengaged under the oral orders of management on 1-2-1998 without paying any compensation or

notice which is against Section 25F of the Industrial Disputes Act,1947(hereinafter referred to as the word Act). His

disengagement is also in violation of Section 25H of the Act as he was not called upon to join when the vacancy came

out . Accordingly the workman has prayed that setting aside his dis-engagement, the workman be reinstated with all

back wages and benefits.

3.

According to the management the workman worked as a daily wager/mesanger in the Industrial Estate

Govindpura Branch from 1-5-1989 to 30-9-1990. He worked for a total period of 362 days in this span. Thereafter,

he worked in sultaniya road Branch from 15-8-1992 to 30-81998 for total number of 1473 days , hence he never

completed 240 days continuously in any year including the year preceding the date of his dis-engagement. He was a

daily wager and was engaged on daily basis and and when required. His disengagement is not violative of the Act.

Accordingly the management has prayed that the reference be answered against the workman.

4.

The workman has examined himself on oath as witness. He has been cross-examined by management.

5.

The management has examined its witness Rajendra Kumar Tiwari, Chief Manager who has been cross-

examined by the workman. The workman has filed and proved Exhibit W-1 his interview letter and Exhibit W-2 the

certificate issued by the Branch manager. No documents has been filed by Management. The workman did not appear

at the stage of arguments, hence arguments of learned counsel for the Management Shri Vijay Kumar Tripathi were

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1337

heard. Learned Counsel has filed written arguments also, which is on record . I have gone through the written

arguments and record as well.

6.

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

7.

Section 25B and Section 25F and Section 25 H of the Act are being reproduced as follows:-

Section 25 B:-

Definition of continuous service.-

(1)

a workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted on account of sickness or

authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of

work which is not due to any fault on the part of the workman; (2) where a workman is not in

continuous service within the meaning of clause (1) for a period of one year or six months, he

shall be deemed to be in continuous service under an employer- (a) for a period of one year, if

the workman, during a period of twelve calendar months preceding the date with reference to

which calculation is to be made, has actually worked under the employer for not less than- (i)

one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case; (b) for a period of six months, if the

workman, during a period of six calendar months preceding the date with reference to which

calculation is to be made, has actually worked under the employer for not less than- (i) ninety-

five days, in the case of a workman employed below ground in a mine; and (ii) one hundred

and twenty days, in any other case.

25F.

Conditions precedent to retrenchment of workmen.- No workman employed in any industry

who has been in continuous service for not less than one year under an employer shall be

retrenched by that employer until- (a) the workman has been given one month's notice in

writing indicating the reasons for retrenchment and the period of notice has expired, or the

workman has been paid in lieu of such notice, wages for the period of the notice: 1[***] (b)

the workman has been paid, at the time of retrenchment, compensation which shall be

equivalent to fifteen days' average pay 2[for every completed year of continuous service] or

any part thereof in excess of six months; and (c) notice in the prescribed manner is served on

the appropriate Government 3[or such authority as may be specified by the appropriate

Government by notification in the Official Gazette.]

25H.

Re-employment of retrenched workmen.- Where any workmen are retrenched and the

employer proposes to take into his employ any persons, he shall, in such manner as may be

prescribed, give an opportunity 2[to the retrenched workmen who are citizens of India to offer

themselves for re-employment, and such retrenched workmen] who offer themselves for re-

employment shall have preference over other persons.

8.

The burden to prove continuous engagement for 140 days in any is on the workman. He has stated this fact

in his examination in Chief in the form of an affidavit. In cross-examination he admits that he was called for work by

the management as and when required. He also admits that he was not engaged by following recruitment procedure.

He further states that no written appointment letter was issued to him.

9.

Perusal of Exhibit W-2 makes it clear that according to this document, the workman worked as a daily wager

for 171 days in 1989 and 190 days in the year 1990 which is below the bar of 240 days in a year. The management

witness has stated categorically that the workman was a daily wager and was engaged by Bank as and when required.

He never completed 240 days in any year. This witness has further stated that he worked for a total period of 382

days within the time span of 11-5-1989 to 30-9-1990 in I.E Govindpura Branch and for 1473 days within the time

span of 15-8-1991 to 31-8-1998. This witness leads ignorance as to whether the workman was given any notice or

compensation before his dis-enagement.

10.

It is clear now that the present case is a case of affidavit vs. affidavit. One party asserts it and the other party

denies it . IN absence of evidence corroborating the claim made by the workman in his affidavit, his claim cannot be

held to be proved. Accordingly holding the claim of the workman not proved the workman is held entitled to no

relief.

11.

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

A.

The action of the management “of Chief General Manager, State Bank of India,Bhopal in

terminating the services of Shri Kailash Prasad S/o Shri Bhuvaneshwar Prasad w.e.f. 1/2/1998 is

held to be just and proper.

B.

The workman is held entitled to no relief.

1338

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

12.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 11 tqykbZ] 2022

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

Hkkjrh; LVsV cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 5@2020½ dks izdkf'kr djrh gSA

[la- ,y-12011@63@2019-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

New Delhi, the 11th July, 2022

S.O. 651.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 5/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India and

their workmen.

[No. L-12011/63/2019– IR(B-1)]

D.GUHA , Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/5/2020

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

The General Secretary

Dainik Vetan Bhogi Bank Karmachari Sangathan

F-1 Tripti Vihar, Opp.Engineering College

Ujjain (M.P.)

…Workman

Versus

The Chief General manaer,

State Bank of India

Bhopal (M.P.)

…Management

AWARD

(Passed on 10th day of May-2022)

As per letter dated 27/12/2019 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12011/63/2019-IR(B-1)The dispute under reference relates to:

“Whether the demand of the Union, Dainik Vetan Bank karmchari Sangathan against the management of

SBI, LHO Hoshangabad Road, Bhopal claiming difference fo wages w.e.f. 1.11.1999 to 2016 and

regularization in service in favour of Shri Santosh Uchatia, daily wage workman is justified or not?if so,

what relief the daily wager is entitled for? .”

1.

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

2.

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

claim/defence inspite of sufficient time given to them.

3.

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

workman is not interested in pursing his claim.

4.

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

workman.

5.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1339

ubZ fnYyh] 11 tqykbZ] 2022

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

if'pe e/; jsyos ds izca/kra=z ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 122@2012½ dks izdkf'kr djrh gSA

[la- ,y-41012@33@2012-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

New Delhi, the 11th July, 2022

S.O. 652.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 122/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of West Central Railway

and their workmen.

[No. L-41012/33/2012– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/122/2012

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

Shri Dashrath Kumar Raikwar,

S/o shri Panalal Raikwar

H.No.1868,Upper Lane,

Railway Colony,Civil Lines,

Jabalpur (MP)

…Workman

Versus

The Divisional Railway Manager

West Central Railway

Jabalpur (M.P.)

The General Manager,

West Central Railway,

Indira market,

Jabalpur (M.P.)

…Management

AWARD

(Passed on 11-5-2022)

As per letter dated 29/10/2012 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

41012/33/2012_IR(B-1). The dispute under reference relates to:

“Whether the demand of the disputant, Shri Dasrath Kumar Raikwar S/o Shri Pannalal Raikwar, for

regularizing him in class-IV post w.e.f. 7/9/1999 by the Management of West Central Railway , Jabalpur is

legal and justified? To what relief the workman is entitled?” .”

1.

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

filed their respective statement of claim/defense.

2.

The case of the workman as stated in his statement of claim is that he was engaged as attendant in the

Homeopathic Dispensary which is an undertaking or part of Central Railway,Jabalpur. Wages and salary were paid

by Railways. He rendered his services from 7-9-1999 to 20-12-2003 without any break. He was discontinued form his

services wrongly without any reason under the oral orders of Management without any notice or compensation which

is against law. In the light of letter No.E/M dated 21-12-2006 issued by the Directorate of Railway Board and vide

letter dated 3-5-2006 issued by the Joint Directorate Railway Board, the similarly situated employees who were junior

to the workman were absorbed by the respondent. The workman filed petition before Central Administrative Tribunal

which is OA No.798/2010. This petition was disposed of vide order dated 6-1-2011 with a direction to Management

to consider the representation of the workman regarding his reinstatement and absorption. The management illegally

rejected his representation vide order dated 16-5-2011 ignoring the directions issued by the Central Administrative

Tribunal. The workman again filed a petition before Central Administrative Tribunal No. OA/883/2011 which was

withdrawn with a liberty to avail remedy available under law. Thereafter, he raised a dispute before the Assistant

1340

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

Labour Commissioner, Jabalpur since the dispute was not resolved within 45 days nor was the matter sent to the

Central Government, he filed a case before this Tribunal. According to the workman the action of the management

was arbitrary and against law. The workman has not been gainfully employed since the date of his dis-engagement.

He has particularly prayed for his disengagement and absorption as regular Class-IV employee with all back wages

and benefits.

3.

The case of the management is that the Dispensary is not maintained and run by Railways but rather it is run

by SBF, a Committee of Railway employees who employ private Homeopathic Doctors on honorary basis. The

workman was not even employed by the SBF Committee because there was no post of Attendant to the Doctor. He

was appointed by the Doctor himself to help him. It is further pleaded that the wages of the workman and Doctor

were not paid by the Railways rather it was paid by the Committee. There has never been any relation of workman

and employer between the management and the applicant workman. The Railway Board Letter dated 3-5-2006

provides the cut off date for eligible candidates for absorption as 10-6-1997 which has never been extended.

Accordingly the Management has requested that the reference be answered against the workman.

4.

The workman has examined himself on oath. He has proved photocopy of entries in the attendance register

as Exhibit W-2. He has further proved a cheque issued by the Committee in favour of Dr.Nema for Rs.1100/- which

is Exhibit W-3. He has also proved letter of Public Information Officer issued in R.T.I stating that expenses and

wages of the persons working in the Homeopathy Hospital are paid by the SBF Committee as directed by Railway

Board. This document is Exhibit W-4. The workman has also been cross-examined by the Management. The

workman has also examined Shri C.L.Nema as its witness who has been examined and cross-examined on

Commission. Dr. C.L. Nema has proved Exhibit W-1 which is certificate issued by him mentioning that the workman

has been working as a peon in the Homeopathic Dispensary from 7-9-1999 to 7-9-2000. The workman has examined

another witness Ajay Singh Kaurav, Ex-Railway Employee who has been cross-examined by the Management. The

Management has examined Ram Singh, Chief Staff & Welfare Inspector Railways who has been cross-examined by

the workman side.

5.

None of the parties appeared for oral arguments. The management preferred to file written arguments which

is on record. I have gone through the record as well. The following issues arises for determination, after perusal of

record in the light of rival arguments:-

1.

“Whether the workman has successfully proved his continuous engagement for more than 240

days in a year under the Management?

2.

Whether the dis-engagement of the workman is against law?

3.

Whether the workman is entitled to any relief?”

6.

ISSUE NO.1:- This issue has two points for determination. The first is whether the workman was employed

under the Management of Railways and whether he continuously worked for 240 days or more in any year.?

7.

As regards the first point for determination, the workman has stated that he was appointed by the Railways

i.e. Management in the case as Assistant to the Homepathic Doctor whereas the Management has denied and has

stated that in fact he was engaged by the Doctor himself who was engaged by the SBF Committee of the Railway

Employees and payment of wages were made to the Doctor and the workman by the SBF employees. The workman

and management witness both have reiterated their case on this point. The Doctor witness C.L.Nema has submitted

that the workman was employed by one Sharmaji of Personel Department who was Assistant Personnel Officer. This

witness admits that wages has been paid from the Account of the SBF Committee.

8.

The other witness Kaurav who is a retired Railway Employee has stated that he had seen the workman

working in the Homeopathy Hospital. The photo copy of cheque provided by the workman goes to show that the

cheque was issued by the SBF Committee, the RTI letter Exhibit W-4 also reiterates the same. There is no document

regarding appointment of the workman in form of offer of appointment. The workman also admits that he did not go

through any recruitment process before his engagement. Hence from the above discussion, the relationship of an

employer and workman as defined in the Act is held not proved between the parties. It is held proved that the

workman was working under the SBF Committee and not under the Railways.

9.

As regards the point , whether the workman worked continuously for a period of 240 days in a year or not,

the workman has proved attendance sheets which are photocopy and show his attendance. This attendance sheet is

counter signed by the Doctor witness. The workman has further stated that he worked continuously for 240 days in

every year. His dis-engagement is corroborated by proved attendance sheet, hence the fact that workman worked for

240 days in a year including the year preceding the date of his dis-engagement is held proved. Issue No.1 is answered

accordingly.

10.

Issue No.2 & Issue No.3:- For the sake of convenience, Issue No.2 and Issue No.3 are taken together. In

the light of the finding on Issue No.1, the dis-engagement of the workman may be said to be against law because no

notice or compensation was given by the Committee which engaged him before his dis-engagement but since the SBF

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1341

Committee is independent of the management of Railways which are a party to the reference, the workman is entitled

to claim no relief from the Management of Railways’. Accordingly Issue No.2 and Issue No.3 are answered.

11.

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

A.

The demand of the disputant, Shri Dasrath Kumar Raikwar S/o Shri Pannalal Raikwar, for

regularizing him in class-IV post w.e.f. 7/9/1999 by the Management of West Central Railway,

Jabalpur is held to be just and proper.

B.

The workman is held entitled to no relief.

12.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 11 िुलाई, 2022

का.आ. 653.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्री सरकार

अध् क्ष और प्रबंि जनिेिक,मेससज भारत संचार जनगम जलजमटेड, नई दिल्ली; मु्‍ मिाप्रबंिक,मेससज भारत संचार जनगम

जलजमटेड, जत्रवेंरम, प्रिान मिाप्रबंिक, मेससज भारत संचार जनगम जलजमटेड, बीएसएनएल, का ाजल ृुलीमूड िंक्िन,

कोट्टा म के प्रबंितंत्र के संबद्ध जन ोिकों और जिला सजचव, बीएसएनएल कजिुअल कॉन्रजक्ट लेबर ूजन न (सीटू) कोट्टा म

के बीच अनुबंि में जनर्िजष्ट केन्री सरकार औद्योजगक अजिकरण- सि- श्रम न् ा ाल - एनाजकुलम के ृंचाट(संिभज सं्‍ ा

28/2020) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉृी के सा

22.06.2022 को प्राप्त हुआ ा l

[सं. एल-40011/5/2020- आईआर-(डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July, 2022

S.O. 653.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 28/2020) of the Central Government Industrial-Tribunal-cum

Labour Court - Ernakulum as shown in the Annexure, in the Industrial dispute between the employers in relation to

The Chairman and Managing Director, M/s. Bharat Sanchar Nigam Ltd., New Delhi ,;The Chief General Manager,

M/s. Bharat Sanchar Nigam Ltd., Trivandrum,; The Principal General Manager, M/s. Bharat Sanchar Nigam Ltd.,

BSNL Office, Pulimood Junction, Kottayamand and The District Secretary, BSNL Casual Contract Labour Union

(CITU),Kottayam, which was received along with soft copy of the award by the Central Government on 22.06.2022.

[No. - 40011/5/2020- IR (DU)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

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

ERNAKULAM

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

(Wednesday the 27th day of April 2022, 7 Vaisakha1944)

ID No.28/2020

Workman/Union

:

The District Secretary

BSNL Casual Contract Labour Union (CITU)

Kottayam District Committee

Kottayam - 682002

Managements

: 1. The Chairman and Managing Director

M/s.Bharat Sanchar Nigam Ltd

Bharat Sanchar Bhavan

Harish Mathur Lane, Janpat

New Delhi – 110001

2. The Chief General Manager

M/s. Bharat Sanchar Nigam Ltd.

Kerala Circle

Trivandrum – 695033

1342

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

3. The Principal General Manager

M/s. Bharat Sanchar Nigam Ltd.

BSNL Office

Pulimood Junction

Kottayam - 682002

This case coming up for final hearing on 27.04.2022 and the same day this Tribunal-cum-LabourCourt

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 ofLabourby its order No. L-

40011/5/2020-IR(DU) dated 17.07.2020 referred the following dispute for adjudication by this Tribunal.

2.

The dispute referred is;

“Whether the action of the management of BSNL in denying regularization as demanded by the BSNL

Casual Contract Labour Union (CITU) vide letter dt.31.05.2019 to Rajendran K. and 40 others contract

workers (as per the annexure-v enclosed) engaged in Kottayam SSA for the work of Technicians/Associate

Engineers for doing line maintenance, Cable fault rectification and broadband maintenance/commercial

works etc. in BSNL is proper and justified? If not, to what relief they are entitled to ? What other

directions, if any, are necessary in the matter ?"

3.

After receipt of the reference from the Central Govt, notice was issued to the Union as well as Managements

1, 2 and 3. The Managements 2 and 3 entered appearance. Thereafter the matter was posted on various dates for filing

claim statement. The Union never entered appearance. After 18.11.2021 there was no representation for the parties

and no claim statement is filed inspite of the directions issued by this Tribunal. Finally the matter was taken up on

27.04.2022. There was no representation for the parties and no claim statement is filed even after 2 years after

acknowledged the notice by the Union. Hence it is felt that the Union is not interested in prosecuting the industrial

dispute and there is no point in continuing with the industrial dispute.

4.

Hence a ‘no dispute award’ is passed holding that there is no merit in the claim of the Union.

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 27th day of April, 2022.

V. VIJAYA KUMAR, Presiding Officer

नई दिल्ली, 11 िुलाई, 2022

का.आ. 654. —औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार जिला अजभ ंता (िूरसंचार),भारत संचार जनगम जलजमटेड, मंडला (म.प्र.), के प्रबंितंत्र के संबद्ध जन ोिकों और

श्री संतोष कुमार जतवारी, कामगार, के बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण

एवं श्रम न् ा ाल , िबलृुर ृंचाट (संिभज सं्‍ ा CGIT/LC/R/8/2010) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉृी के सा 28.06.2022 को प्राप्त हुआ ा l

[सं. एल-40012/82/2009- आईआर-(डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July, 2022

S.O. 654.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. CGIT/LC/R/8/2010) of the Central Government Industrial-

Tribunal-cum Labour–Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in relation

to The District Engineer (Telecom), Bharat Sanchar Nigam Ltd. Mandla (M.P.)and Shri Santosh Kumar Tiwari,

Worker, which was received along with soft copy of the award by the Central Government on 28.06.2022.

[No. L- 40012/82/2009- IR (DU)]

D. K. HIMANSHU, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1343

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/8/2010

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

Shri Santosh Kumar Tiwari

Qtr .No.S-41, Jail Lines,

Central Jail,

Jabalpur (M.P.)

…Workman

Versus

The District Engineer(Telecom)

Bharat Sanchar Nigam Ltd.

Mandla (M.P.)

…Management

AWARD

(Passed on 10-6-22)

As per letter dated 5/1/2010 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

40012/82/2009—IR(DU). The dispute under reference relates to:

“Whether the action of the management of the District Engineer(Telecom,BSNL, Mandla, in terminating

the services of Shri Santosh Kumar Tiwari w.e.f. 4/1/2006 is legal and justified?if not, what relief the

workman is entitled to? .”

1.

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

filed their respective statement of claim/defense.

2.

The case of the workman as stated in his statement of claim is that he has been working with the

management as driver since 1995 in the office of District Engineer Telecom, Mandla as a daily wager on fixed salary

of Rs.1600/-. He completed about 11 years in continuous service but in the capacity of daily wage driver and worked

to the satisfaction of Management. He was issued various appreciation certificate from time to time by representative

of the management. Also before working as a driver, he has worked continuously as a labour in muster roll from 1990

to 1995. The Management terminated his services w.e.f. May-2006 without any notice or compensation or

opportunity of hearing inspite of the fact that there were clear vacant posts with the Management. According to the

workman, the action of the management is against law and is liable to be set aside. Accordingly the workman has

prayed that he be reinstated in service with all back wages and benefits.

3.

The case of management is mainly that though the workman worked as a daily wage driver but he never

worked continuously for 240 days in a year, hence his dis-engagement is not against law and reference deserves to be

answered against the workman .

4.

The workman has filed his rejoinder wherein he has mainly reiterated his case as taken in his statement of

claim

5.

In evidence, the workman has filed his affidavit as his examination in chief. He has proved documents

Exhibit W-1 photocopy of log book which is appreciation letters issued by the Officers of the Management ,Exhibit

W-2 to Exhibit W-11. He has also filed and proved gate pass issued to him on 5-4-2006 by management, Exhibit W-

12 and the copies of all the application filed by him on different dates seeking his regularization Exhibit W-13 to W-

19 and other were appreciation letters Exhibit W-20 to W-22. He has been examined by the Management. The

Management has preferred not to examine any witness.

6.

I have heard arguments of Mr. Praveen Yadav, learned counsel for the workman. None was present for the

Management at the time of arguments. The Management has preferred not to file any written argument also. I have

gone through the written argument and the record as well.

7.

On perusal of record in the light of rival claims and arguments, the following issues come up for

determination, in the case in hand:-

(1)

Whether the workman has successfully proved his continuous engagement of 240 days in

every year including the year preceding the date of his disengagement?

(2)

Whether the dis-engagement of the workman is justified in law and facts?

(3)

Whether the workman is entitled to any relief?

1344

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

8.

ISSUE No.1:-

The respective claims of the parties on this issue have been elaborated earlier. Before entering into merits

some provisions of the Industrial Disputes Act,1947 requires to be reproduced as follows:-

Section 25 B:-

Definition of continuous service.-

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted on account of sickness or

authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work

which is not due to any fault on the part of the workman; (2) where a workman is not in continuous

service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to

be in continuous service under an employer- (a) for a period of one year, if the workman, during a

period of twelve calendar months preceding the date with reference to which calculation is to be made,

has actually worked under the employer for not less than- (i) one hundred and ninety days in the case

of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other

case; (b) for a period of six months, if the workman, during a period of six calendar months preceding

the date with reference to which calculation is to be made, has actually worked under the employer for

not less than- (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii)

one hundred and twenty days, in any other case.

9.

It is the case of the workman that he was appointed as a daily wager right from 1995 till March-2006. This

fact is not disputed specifically by management in their written statement of defense. Another claim of the workman

is that he continuously worked during this period for more than 240 days in every year including the date of his

disengagement. The burden to prove this fact is on the workman because the management has denied this claim.

10.

The workman has examined himself as witness and he has reiterated his claim as mentioned above in his

examination-in-chief in the form of an affidavit. In his cross-examination he admits that he was first kept on muster

roll as labour. He denies that he was called for duty as and when required. He also denies that he never worked

continuously for 240 days in any year . There is nothing more significant in his cross-examination. The workman has

further filed and proved appreciation letters Exhibit W-1 to W-14. Exhibit -17 to W-23 which certify that this

workman has been working as a driver with the management as a daily wager and has been driving the management

vehicle. This certificate ranges from 1996 to 2005. These certificates reiterate the case of the workman as stated by

the workman in his statement on oath on this point. His case is further corroborated by Exhibit W-15, W-16 which

show that the workman has been driving the Management vehicle. The workman has further filed photocopy of log

book maintained by workman which is in 17 pages, Exhibit W-23 . This document also corroborates the case of the

workman as stated above.

11.

His case is further corroborated by another set of photocopy of log book filed and proved by the workman

which is 623 pages showing that he has been driving the Management vehicle. The latest entry in this document is

of 17-3-2006 and the first entry of 4-3-1996.

12.

As against this evidence, the Management has not filed and proved any documents nor has examined any

witness. Hence there is no occasion for this Tribunal to disbelieve the claim of the workman as stated above.

Accordingly the claim of the workman that he continuously worked for 240 days or more in every year from 1995 to

2006 including the year preceding the date of his dis-engagement is held proved. Issue No.1 is answered accordingly.

13.

ISSUE NO.2:-

The workman has assailed his dis-engagement on two grounds. Firstly no notice or compensation was given

before his dis-engagement. Hence there is violation of Section 25F of the Industrial Disputes Act,1947 and

consequently one Todar Singh junior to him was given permanent employment ignoring the claim of the workman,

hence there violation of Section 25G of the Act. Section 25F and 25G of the Industrial Disputes Act,1947 is being

reproduced as below:-

25F.

Conditions precedent to retrenchment of workmen.- No workman employed in any industry

who has been in continuous service for not less than one year under an employer shall be

retrenched by that employer until- (a) the workman has been given one month's notice in

writing indicating the reasons for retrenchment and the period of notice has expired, or the

workman has been paid in lieu of such notice, wages for the period of the notice: 1[***] (b)

the workman has been paid, at the time of retrenchment, compensation which shall be

equivalent to fifteen days' average pay 2[for every completed year of continuous service] or

any part thereof in excess of six months; and (c) notice in the prescribed manner is served on

the appropriate Government 3[or such authority as may be specified by the appropriate

Government by notification in the Official Gazette.]

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1345

25G.

Procedure for retrenchment.- Where any workman in an industrial establishment, who is a

citizen of India, is to be retrenched and he belongs to a particular category of workmen in that

establishment, in the absence of any agreement between the employer and the workman in this

behalf, the employer shall ordinarily retrench the workman who was the last person to be

employed in that category, unless for reasons to be recorded the employer retrenches any

other workman.

14.

It is not disputed that no notice or compensation was given by the management to the workman before his

termination. The workman has reiterated this fact in his statement of oath also, hence the termination of the workman

is in violation of Section 25F of the Act and is held so accordingly.

15.

As regards the second ground , the workman has stated that One Todar Singh Yadav who was junior to him

is still working in the department as a regular employee. The Management has not examined the workman on these

facts. Hence it will be deemed that this facts were admitted by the Management, hence his disengagement of the

workman is also held in violation of Section 25G of the Act. Issue No.2 is answered accordingly.

16.

Issue No.3:-

In the light of the finding recorded earlier, the question arises as to what relief the workman is entitled to.

Learned Counsel for the workman has submitted that the workman should be ordered to be reinstated with full back

wages and benefits. He has referred to a decision of Hon’ble the Apex Court in the case of Jasmer Singh Vs. State

of Haryana & Others (2015) 4 SCC 458. In this case it has been laid down in para 21 and 22 of the judgment that

when order of termination is void ab initio, the workman is entitled to full back wages.

Hon’ble the Apex Court has referred to another three Bench Judgement in the Deepali Gundu Surwase V.

Kranti Junior Adhyapak mahavidyalaya(2013) 10 SCC 324.

In the case of Tapash Kumar Paul Vs. Bharat Sanchar Nigam Limited and Another (2014) 15 SCC

313, a two Judges Bench has laid down certain criteria for awarding reinstatement with full back wages.

In another case Municipal Council, Jintur V. Sunder Namdeo Khillare(2013) LAB.I.C. 2818 Bombay

High Court a Single Bench Judgement has been referred to by learned counsel for the workman. It has been laid

down that when it was proved that six employees junior to the workman were regularized, the regularization of the

applicant /dailywager workman, setting aside his termination is not un-justified.

In the case of Officer Incharge Defence Standardization Cell V. Mukesh Kumar(2013) LAB.I.C.3329.

Delhi High Court, another Single Bench Judgement referred to by learned counsel for the workman the practice of

appointing workman on monthly basis and renewing it every month for a period of 3 years as held unfair labour

practice. The work done by him was of perennial nature. His termination was held unjustified in law. Direction of

reinstatement of workman with 25% of back wages was upheld.

The case of Deepali Gundu Surwase(supra) is a three bench judgment , hence the principles laid down in this

case will override the decisions of all the cases referred above. Hon’ble the Apex Court has laid down following

broad principles which are as under:-

“38.

The propositions which can be culled out from the aforementioned judgments are :

38.1.

In cases of wrongful termination of service, reinstatement with continuity of service and back

wages is the normal rule.

38.2.

The aforesaid rule is subject to the rider that while deciding the issue of back wages, the

adjudicating authority or the Court may take into consideration the length of service of the

employee/workman, the nature of misconduct, if any, found proved against the employee/

workman, the financial condition of the employer and similar other factors.

38.3.

Ordinarily, an employee or workman whose services are terminated and who is desirous of

getting back wages is required to either plead or at least make a statement before the

adjudicating authority or the Court of first instance that he/she was not gainfully employed or

was employed on lesser wages. If the employer wants to avoid payment of full back wages,

then it has to plead and also lead cogent evidence to prove that the employee/ workman was

gainfully employed and was getting wages equal to the wages he/she was drawing prior to the

termination of service. This is so because it is settled law that the burden of proof of the

existence of a particular fact lies on the person who makes a positive averments about its

existence. It is always easier to prove a positive fact than to prove a negative fact. Therefore,

once the employee shows that he was not employed, the onus lies on the employer to

specifically plead and prove that the employee was gainfully employed and was getting the

same or substantially similar emoluments.

1346

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

38.4.

The cases in which the Labour Court/Industrial Tribunal exercises power under Section 11- A

of the Industrial Disputes Act, 1947 and finds that even though the enquiry held against the

employee/ workman is consistent with the rules of natural justice and/or certified standing

orders, if any, but holds that the punishment was disproportionate to the misconduct found

proved then it will have the discretion not to award fullback wages. However, if the Labour

Court/Industrial Tribunal finds that the employee or workman is not at all guilty of any

misconduct or that the employer had foisted a false charges then there will be ample

justification for award of full back wages.

38.5.

The cases in which the competent Court or Tribunal finds that the employer has acted in gross

violation of the statutory provisions and/or the principles of natural justice or is guilty of

victimizing the employee or workman, then the concerned Court or Tribunal will be fully

justified in directing payment of full back wages. In such cases, the superior Court should not

exercise power under Article 226 or 136 of the Constitution and interfere with the award

passed by the Labour Court, etc., merely because there is a possibility of forming a different

opinion on the entitlement of the employee/workman to get full back wages or the employer’s

obligation to pay the same. The Courts must always be kept in view that in the cases of

wrongful/illegal termination of service, the wrong doer is the employer and sufferer is the

employee/workman and there is justification to give premium to,the employer of his wrong

doings by relieving him of the burden to pay to the employee/workman his dues in the form of

full back wages.

38.6

In a number of cases, the superior Courts have interfered with the award of the primary

adjudicatory authority on the premise that finalization of litigation has taken long time

ignoring that in majority of cases the parties are not responsible for such delays. Lack of

infrastructure and manpower is the principal cause for delay in the disposal of cases. For this

the litigants cannot be blamed or penalised. It would amount to grave injustice to an employee

or workman if he is denied back wages simply because there is long lapse of time between the

termination of his service and finality given to the order of reinstatement. The Courts should

bear in mind that in most of these cases, the employer is in an advantageous position vis-à-vis

the employee or workman. He can avail the services of best legal brain for prolonging the

agony of the sufferer, i.e., the employee or workman, who can ill afford the luxury of spending

money on a lawyer with certain amount of fame. Therefore, in such cases, it would be prudent

to adopt the course suggested in Hindustan Tin works Private Limited V.Employees of

Hindustan TinWorks Private Limited (supra).

38.7

The observation made inJ.K. Synthetics Ltd. V. K.P.Agrawal (supra) that on reinstatement the

employee/workman cannot claim continuity of service as of right is contrary to the ratio of the

judgments of three Judge Benches referred to here-in-above and cannot be treated as good

law.This part of the judgment is also against the very concept of reinstatement of an

employee/workman.

Furthermore, in Tapash Kumar Paul V. BSNL (2014) 4 SCR 875 :[2014(6) SLR 538 (SC)], it is

held :-

“Therefore, in the light of the decision of this Court in Deepali Gundu’s case (supra) which

has correctly relied upon higher bench decisions of this Court in Surendra Kumar Verma’s

case (supra) and Hindustan Tin Works Pvt. Ltd. (supra), I am of the opinion that the

appellant herein is entitled to reinstatement with full back wages since in the absence of full

back wages, the employee will be distressed and will suffer punishment for no fault of his

own.”

17.

Know coming to the case in hand , in the light of the aforesaid preposition of las, it is established that the

workman has spent around eleven years as Driver and before that five years as muster roll. He has been a daily wager

all throughout. This is also established that he has not been selected by following due procedure regarding

recruitment of driver. There is evidence on record that there was a vacancy of driver at the time when the dispute was

raised. This is also proved that one person junior to him has been given regular appointment as claimed by the

workman in his statement on oath and the Management has not controverted this allegation by any evidence. Since

the workman was not appointed as per recruitment procedure against any vacancy, his reinstatement will not be a

relief justified in law. In may considered view, keeping in view the tenure of engagement and other facts concerned

as mentioned above, a lump sum compensation of Rs.5,00,000/-(Rupees five lakh only) as full and final settlement of

all his claims will meet the ends of justice. Issue No.3 is answered accordingly.

18.

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

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1347

A.

The action of the management of the District Engineer(Telecom,BSNL, Mandla, in

terminating the services of Shri Santosh Kumar Tiwari w.e.f. 4/1/2006 is held against law.

B.

The workman is held entitled to a lump sum compensation of Rs.5,00,000/-(Rupees five lakh

only) as full and final settlement of all his claims. The amount shall be payable by

management within 30 days from the date of publication of Award in official gazette, failing

which it shall attract simple interest @ 7% p.a. from the date of Award till payment.

C.

Parties to bear their own cost.

19.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.;

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 11 िुलाई, 2022

का.आ. 655.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार मजससज एनी टाइम सर्वजस प्रा. जलजमटेड, का ाजल , टीए-91, ओररएंटल बैंक ऑफ कॉमसज के ृास बेसमेंट, मु्‍

तुगलकाबाि एक्सटेंिन, नई दिल्ली, मिाजनिेिक, मेससज मिाले ा जन ंत्रक, आईएनए, नई दिल्ली, के प्रबंितंत्र के संबद्ध

जन ोिकों और श्री िजलेंर ससंि, कामगार, के बीच अनुबंि में जनर्िजष्ट केन्री सरकार औद्योजगक अजिकरण- सि- श्रम

न् ा ाल -1 नई दिल्ली ृंचाट (संिभज सं्‍ ा 182/2019) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो

केन्री सरकार को सॉफ्ट कॉृी के सा 08.07.2022 को प्राप्त हुआ ा l

[सं. एल-42025/07/2022-19-आईआर (डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July, 2022

S.O. 655.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 182/2019) 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

M/s. Any time Service Pvt. Ltd., Office at, TA-91, Basement Near Oriental Bank of Commerce, Main Tughlakabad

Extn. New Delhi,;The Director General, M/s. Controller General of Account, INA, New Delhi and Shri Shailendra

Singh, Worker, which was received along with soft copy of the award by the Central Government on 08.07.2022.

[No. L-42025/07/2022-19-IR (DU)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

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

Present: Smt. Pranita Mohanty

ID.NO.182/2019

Shri Shailendra Singh,

S/o Late Shri Vijay Singh,

R/o C-570, J.J. Camp, C-40,

Near Gate No.6, Okhla Industrial Area,

Phase-2 New Delhi-110020

…Workman

Versus

1.

M/s. Any time Service Pvt. Ltd.,

Office at, TA-91, Basement Near Oriental Bank of Commerce,

Main Tughlakabad Extn.

New Delhi-110019.

2.

The Director General,

M/s. Controller General of Account,

INA, New Delhi.

…Management

1348

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

AWARD

Present dispute has been raised by Shri Shailendra Singh (in short the workman) under the provisions of sub-

section (2) of section 2-A of the Industrial Disputes Act, 1947 (in short the Act). A period of 45 days stood expired

from the date of making his application before the Conciliation Officer. Sub-section (2) of section 2-A of the Act

empowers him to file a dispute before this Tribunal, without being referred by the appropriate Government. His

contention stands substantiated by the provisions of sub-section (2) of section 2-A of the Act. Workman has been

given a right by the Act to approach this Tribunal in case of discharge, dismissal, retrenchment or otherwise

termination of her service, without a dispute being referred by the appropriate Government under sub-section (1) of

section 10 of the Act. Since dispute was within the period of limitation, as enacted by sub section (3), and answered

requirements of sub-section (2) of section 2-A of the Act, it was registered as an industrial dispute, even without being

referred for adjudication by the appropriate Government, under section 10(1) (d) of the Act.

2.

The claimant had moved an application with requested to withdraw the case as do not have any demands

against the management. Now ‘No Dispute/Claim’ award passed. 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, 11 िुलाई, 2022

का.आ. 656.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार मेससज बीआर अम्बेडकर बा ो मेजडकल, अनुसंिान केंर, (एसीबीआर) नॉ ज कैंृस,दिल्ली,; मजससज प्रीजम र

सेफगा्सज 20, जववेकानंि माकेट, सेक्टर-2,आर के ृुरम, नई दिल्ली के प्रबंितंत्र के संबद्ध जन ोिकों और श्रीमती

दकरणवती, कामगार, के बीच अनुबंि में जनर्िजष्ट केन्री सरकार औद्योजगक अजिकरण-सि-श्रम न् ा ाल -1 नई दिल्ली

ृंचाट (संिभज सं्‍ ा 236/2018) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉृी के सा 08.07.2022 को प्राप्त हुआ ा l

[सं. एल-42025/07/2022-18-आईआर (डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July, 2022

S.O. 656.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 236/2018) 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

M/S. B.R Ambedkar Bio Medical, Research Centre, (ACBR) North Campus, Delhi,; M/s Premier Safeguards at

20,Vivekanand Market, sector-1, R.K Puram, New Delhi and Smt. Kiranwati,Worker, which was received along with

soft copy of the award by the Central Government on 08.07.2022.

[No. L-42025/07/2022-18-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. 236/2018

Date of Passing Award- 31.05.2022

Between:

Smt. Kiranwati,

W/o Late Shri Ram Kumar,

R/o H. No. G-250, Gali No. 30 (Old Gali No.8),

West Karawal Nagar,

Delhi-110094.

…Workman

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1349

Versus

1.

M/s. B.R Ambedkar Bio Medical,

Research Centre,

(ACBR) North Campus,

Delhi- 110007.

2.

M/s. Premier Safeguards at 20,

Vivekanand Market, sector-1,

R.K. Puram,

New Delhi-110066.

…Managements

Appearances:-

Shri Sunil Kumar (A/R)

: For the claimant

None for the management (A/R)

: For the Management

AWARD

This is an application filed by the claimant wherein she has stated that from 25.04.2017 she was employed as

security Guard in the establishment of the management no.1 on a monthly wage of Rs. 7800/-. She had joined the

service through the contractor M/s Premier Safeguard and the said management had assured her that the monthly

salary would be Rs. 14000/- But the said salary was never paid to her and her remuneration per month was confined to

Rs. 7400/-.At the time of her employment no appointment letter minimum wage facilities of PF and ESI, leave and

overtime etc paid to her. She was not even allowed to sign in the attendance register for which she was often raising

objection. On 24.08.2017 the management did not allow her to enter the premises and resume the duty. Her service

was later on terminated w.e.f 31.08.2017. At the time of termination the provision of section 25F and G were never

complied by the employer. Being aggrieved he had raised an industrial dispute before the Labour Commissioner

where a conciliation took place. But the conciliation failed for the non cooperation of the management. Finding no

other way she filed the present application seeking the relief of reinstatement, back wages and other consequential

benefits.

Initially B R Ambedkar Bio Medical Research centre was added as the only management. Subsequently a

contractor M/s Premier Safeguard was added as the respondent NO.2 by order dated 01.04.2019.

Being noticed though an official of Management no.1 had appeared on 09.10.2018 and received the copy of

the claim no WS was filed. Subsequently the management NO.2 was proceeded exparte by order dated 22.11.2019

and on the same date the right of the management No.1 for filing WS was closed.

The claimant testified as WW1and proved the failure report issued by the Labour Commissioner as WW1/1.

The claim petition filed before the Labour Commissioner and the representation filed by the claimant to the

management have been marked as WW1/3. The photocopy of the bank passbook showing credit of Rs. 7800/- per

month in the account of the claimant has been filed. The reply submitted by the management no.1 during the

conciliation showing breakup of the salary and the office note of management no.1 with regard to the claim of the

claimant before the labour commissioner has been marked as WW1/5 and WW1/6 respectively.

In her oral testimony the claimant has stated that she was working for the management NO.1 to the

satisfaction of the employer. But her service was abruptly terminated by the management and while doing so the

provisions of section 25F and G were not complied. Describing the same as illegal act contrary to the provision of

law the claimant has stated that a direction be given for his reinstatement with continuity and back wages.

The claimant has described herself as permanent employee and thus, the illegality committed in her

termination.

Perusal of the evidence and the documents it appears that the claimant had worked as a security guard for a

brief period i.e. from 25.04.2017 to 31.08.2017 i.e. for four months only. The provision of law laid u/s 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 until the workman has been given one month notice indicating the

reason of retrenchment, has been paid 15 days average pay for a every completed year of continuous service etc. for

the purpose of deciding continuous service it is required to be proved that he had worked for 240 days in a calendar

year preceding to her retrenchment. Here is a case where the claimant had served for four months only and the office

note of the management no.1 marked as WW1/6 clearly discloses that the service of the claimant was not satisfactory

for which the contractor was asked to remove her from the premises. That instruction was carried out by the

management. Such a situation this tribunal in absence of any other evidence is of the view that no illegality was

committed in termination of the service of the claimant. Thus held that the claim is not maintainable and claimant is

held not entitled to any relief. Hence, ordered.

1350

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ORDER

The claim petition be and the same is dismissed on merit. 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, 11 िुलाई, 2022

का.आ. 657.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार मिाप्रबंिक, अिोक िोटल, नई दिल्ली, के प्रबंितंत्र के संबद्ध जन ोिकों और अिोक िोटल मििूर िनता ूजन न,

चाणक् ृुरी, नई दिल्ली, के बीच अनुबंि में जनर्िजष्ट केन्री सरकार औद्योजगक अजिकरण- सि- श्रम न् ा ाल -1

नई दिल्ली ृंचाट (संिभज सं्‍ ा 151/2021) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्री

सरकार को सॉफ्ट कॉृी के सा 08.07.2022 को प्राप्त हुआ ा l

[सं. एल-42011/144/2021-आईआर (डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July, 2022

S.O. 657.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 151/2021) 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 General Manager, Ashok Hotel, New Delhi and The Ashok Hotel Majdoor Janta Union, Chanakyapuri, New

Delhi, which was received along with soft copy of the award by the Central Government on 08.07.2022.

[No. L-42011/144/2021-IR (DU)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

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

Present: Smt. Parnita Mohanty

ID.NO.151/2021

The Ashok Hotel Majdoor Janta Union

(Affiliated to HMS), C-47, Ashok Hotel

Staff others, Chanakyapuri,

New Delhi-110003

…Workman

Versus

The General Manager,

Ashok Hotel,

New Delhi-110021.

…Management

AWARD

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

L42011/144/2021-IR-(DU) dated 30.11.2021 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 demand of Ashok Hotel Majdoor Hotel Janta Union vide letter dated 04.04.2019 to the

management of Ashok Hotel, New Delhi for payment of bonus for the year 2017-18 directly to the garden

employee as well as staff quarter employee is proper, legal and justified ? If so, to what relief the disputant

is entitled to and what other directions, if any, are necessary in the matter” ?

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

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1351

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 filed an application with the request to declare no dispute

award regarding less payment of bonus for financial year 2017-2018. That during the period, the management has

paid balance amount of bonus for the financial year 2017-18.

3.

Since the workman and management no left any dispute regarding payment of bonus for the year 2017-18.

Now ‘No Dispute/Claim’ award passed. 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, 11 िुलाई, 2022

का.आ. 658.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार मिाप्रबंिक, बैंक नोट प्रेस, िेवास (म.प्र.), के प्रबंितंत्र के संबद्ध जन ोिकों और मिाप्रबंिक, बैंक नोट प्रेस

क्रांजतकारी कमजचारी संघ, िेवास के बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार vkS|ksfxd vf/kdj.k ,oa

Je U;k;ky;] िबलृुर के ृंचाट (संिभज सं्‍ ा CGIT/LC/R/99/2007) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉृी के सा 07.07.2022 को प्राप्त हुआ ा l

[सं.एल-16011/5/2003-आईआर-(डी ू)]

डी. के. जिमांिु, अवर सजचव

New Delhi, the 11th July 2022

S.O. 658.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. CGIT/LC/R/99/2007) of the Central Government Industrial

Tribunal cum Labour–Jabalpur, as shown in the Annexure, in the Industrial dispute between the employers in relation

to The General Manager, Bank Note Press, Dewas (M.P.) and The General Manager, Bank Note Press Krantikari

Karmachari Sangh, Dewas which was received along with soft copy of the award by the Central Government on

07.07.2022.

[No. L-16011/5/2003- IR (DU)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/99/2007

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

Versus

The General Manager

Bank Note Press Krantikari

Karmachari Sangh,

3370, BNP Colony, Dewas.

…Workman

The General Manager,

Bank Note Press,

Dewas (M.P.)

…Management

AWARD

(Passed on 9-6-22)

As per letter dated 20/9/2007 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification

No.L-16011/5/2003-IR(DU). The dispute under reference relates to:

1352

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

“Whether the demand of the Bhartiya Note Press Mazdoor Sangh for seeking similar incentives, for the

workmen employed in Ink Factory, as paid to workmen in Bank Note Press, Dewas, is legal and justified?

If yes, to what relief the workmen are entitled to?” .”

1.

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

filed their respective statement of claim/defense.

2.

According to the workman Union the Bank Note press is a factory registered under the Factories Act and is

engaged in printing of currency notes. There are various sections in the factories such as Control, printing, plate

making, stores workshop, Ink Factory, dispensary, Estate, Administrative Section etc. The Bank Note Press launched

a group incentive scheme with a view to increase production. The endorsement of the Scheme read as under :-

“The scheme will cover all industrial employees and such classified staff up to the level of inspector,

Junior supervisors and store keepers attached to the factory, who are observing the same working

hours and holidays as the factory and whose presence is necessary for efficient working of industrial

employees . The scheme does not cover any office staff and staff engaged in Estate, Dispensary and

Canteen.”

3.

According to the workman all the employees are covered under the definition of worker in Factories Act but

they are beings discriminated with regard to the incentive. The employees of Control, Canteen, and workshop

sections are being given undue favour in this respect. The employees of canteen dispensary and estate staff are not

being given benefit of incentive scheme at par with the workers of Printing Control workshop etc. According to the

workman this against Rule 14 and 16 and Article 38 and 37 of the Indian Constitution. Accordingly, the workman

Union has prayed that the benefit of Incentive Scheme be given to the workers working in Ink Factory and other

sections at par with the workers working in Printing Control and workshop Sections.

4.

The case of the management is mainly that the Order No.F.3(10)/80-BNP datedf 5th October,1983 which

was made effective from 11-9-1983(i.e. the date of signing of the agreement)has been applicable to both main Factory

and Ink Factory. For example, earlier to this order, the incentive payment was payable only on the Basic pay for the

employees of main Factory and Ink Factory. With this order the employees of the main factory and Ink Factory

started getting incentive including basic pay + D.A. + ADA + 4 hours per week single rate Overtime Allowance as per

Para 5 of this order, the workmen of Ink Factory would continue to remain a separate group as was being followed

since 1977. The submission of the applicants that without slightest justification highly arbitrary discrimination was

introduced in the scheme whereby relief is denied to employees woking in the Ink Factory is totally wrong and

baseless. In fact, the Ink Factory employees are also benefited with this order as the emoluments for the purpose of

incentive included basic pay+DA+ADA=4 hours single OTA per week. The base level of the Ink Factory was 65%

of the machine utilization which was reduced to 60% vide Order No.F.4(68)/83-BNP dated 5th March,1987 which was

further benefited the employees of the Ink Factory for earning incentive payment. Accordingly the management has

prayed that the reference be answered against the workman.

5.

In evidence the workman Union has examined Ramlal Manjhi who has been cross-examined by the

management. The management has not cross-examined any witness.

6.

Heard argument of Shri A.K.Shashi , learned counsel for the workman and Shri Shekhar Sharma, learned

counsel for the management and have perused the record.

7.

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

8.

The only point to be answered in the case is whether the Management is justified in granting two sets of

incentive to the workers working in the Ink Factory and the workers working in the Main Factory. The case of the

workman is that since both the section workers are required for production and printing of currency notes, hence there

cannot be any discrimination in this respect. There is a copy of group incentive Scheme for the Bank Note press

issued by the Ministry of Finance, Department of Economic Affairs, Union of India. Copy of this scheme is on the

record of the file. According to para-3 the scheme will cover direct industrial workers of Printing Control department

and Ink Factory and other workers which are essential staff direct supervisory staff and non-essential direct staff as

mentioned in this Rule 6A provides about the rates of incentive. According to Rule 6 the direct workers of the printing

press especially geletain section will be given incentive starting from 75%/40%/60% of the basis pay whereas the

workers of Ink Factory will be given incentive of 65%/40%/60% of basic pay . It is clear that the group incentive

scheme itself provides two rates of incentive to the workers or Printing Press and Ink Factory hence, the management

of Bank Note Press cannot be held unjustified in law and fact in awarding incentive at two different rates to the

workers of Printing Factory and Ink Factory and accordingly the workman of Ink Factory and other establishment are

held not entitled to get incentive at par with workers of Printing Factory. The reference deserves to be answered

accordingly.

9.

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

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1353

A.

The demand of the Bhartiya Note Press Mazdoor Sangh for seeking similar incentives, for the

workmen employed in Ink Factory, as paid to workmen in Bank Note Press, Dewas, is held not

justified in law and fact.

B.

The workmen are held entitled to no relief.

10.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 12 tqykbZ] 2022

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

eukyk ckyk?kkV {ks=h; xzkeh.k cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 94@2005½ dks izdkf'kr djrh

gSA

[la- ,y-12012@3@2005- vkbZvkj ¼ch-1½]

Mh- xqgk] voj lfpo

New Delhi, the 12th July, 2022

S.O. 659.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 94/2005) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of Mandla Balaghat Kshetriya

Gramin Bank and their workmen.

[No. L-12012/3/2005– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/94/2005

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

The General Secretary,

M.B.K.G.B. Karamchari Union,

Motinagar,Ward No.24,

Balaghat-481445 (M.P.)

…Workman

Versus

Mandla Balaghat Kshetriya Gramin Bank

Behind Bus Stand,

Mandla (M.P.)

…Management

AWARD

(Passed on 12-5-22)

As per letter dated 7/9/2005 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12012/3/2005-IR(B-1). The dispute under reference relates to:

“Whether the action of the management of the Chairman, Mandla Balagaht Kshetriya Gramin Bank

Mandla in not regularizing Shri Samlulal Yadav and terminating his services is legal and justified? if not,

to what relief the workman is entitled for? .”

1.

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

their respective statement of defence/claim.

2.

The case of the workman as stated in his statement of claim is that he was appointed by the management

bank after following due procedure against a clear vacancy w.e.f. 1-1-1998 for the post of Messenger and has been

working continuously since then. He was not paid wages as paid to regular employees working on the same post and

doing the same job which is in violation of Article 39(d) of Constitution of India. He has been paid wages on daily

1354

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

rated basis by Management Bank after continuously engaging the workman for more than 240 days in every year ,

his services were terminated in the year 2005 without any notice or compensation which is against law. It is further

stated that on 30-9-2000 five posts of permanent messenger were lying vacant as per the letter issued by the Head

office of the management Bank. The Chairman of the Management Bank admitted in his letter dated 16-1-2004 that

55 persons were working on daily wages as messengers in different branches of the Bank but the management did not

regularize his services which is also against law. The wages were paid by the Management to the workman through

vouchers. Accordingly the workman has prayed that setting aside his dis-engagement, the workman be reinstated and

regularized .

3.

The case of the management is mainly that the earlier management of MandlaBalagahatShetriyaGramin

Bank is now named as SatpuraShetriyaGramin Bank after amalgamation. The workman was engaged by the earlier

bank before amalgamation, hence there has never been any relation of workman and employee between the present

management of the Bank who have not been impleaded as party in the reference. It is also stated that the workman

had in fact worked as a daily wager on the basis of availability of work in the Branch for which he was paid. Since he

was not appointed against any vacancy, following the recruitment procedure, his disengagement without notice is not

against law. Also it has been stated that he never completed 240 days or more in any year including the year of his

alleged dis-engagement.

4.

The workman has examined himself as a witness. He has been cross-examined by Management. He has

been re-examined further. He has proved Exhibit W-1, W-2 and W-3 which are letter of Branch Manager dated 15-6-

2011 certificate issued by the Branch dated 21-10-2010 and certificate dated 16-8-2014. The workman has further

filed copy of letter of Branch Manager BhambhaniBhanjare sent by him to the General Manager on 21-10-2010, copy

of dispatch register regarding 2008, 2009, 2010, 2011 all admitted by Management.

5.

Management has filed copyof letter of District Employment Officer, Balaghat dated 15-3-2011 sent to the

General Manager , copyof letter of General Manager dated 3-3-2011 regarding 23 vacancies of messengers in the

Branch and requesting him to send names of the candidates. The Management has also filed requisition form(copy)

for recruitment through employment exchanges, letter of Management dated 10-9-2010 sent to another employee

HarilalHandaall admitted by workman and marked as Exhibit M1 to M4.

6.

The Management has examined Vimal Kumar Jain Scale-1Officer as its witness who has been cross

examined by the workman side.

7.

I have heard arguments of learned counsel for the workman and Management. The Management has

preferred written arguments also through its learned counsel ShriAshishShroti. I have gone through the written

arguments and the records.

8.

Following issues arises for determination, in the case in hand after peruse of record in the light of rival

arguments:-

1.

Whether the workman has successfully proved his disengagement for a period of 240 days in

every year and the year preceding the date of his dis-engagement.?

2.

Whether the dis-engagement of the workman is legal ?

3.

Whether the workman is entitled to any relief?

9.

Issue No.1 and Issue No.2:- Since these two issues are inter linked with each other , they are being taken

together. Section 25B of the Industrial Disputes Act is being reproduced as follows:-

Section 25 B:-

Definition of continuous service.-For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted on account of sickness or

authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work

which is not due to any fault on the part of the workman; (2) where a workman is not in continuous

service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to

be in continuous service under an employer- (a) for a period of one year, if the workman, during a

period of twelve calendar months preceding the date with reference to which calculation is to be made,

has actually worked under the employer for not less than- (i) one hundred and ninety days in the case

of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other

case; (b) for a period of six months, if the workman, during a period of six calendar months preceding

the date with reference to which calculation is to be made, has actually worked under the employer for

not less than- (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii)

one hundred and twenty days, in any other case.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1355

10.

The case of the workman is that he was appointed as a messenger against the vacancy by the management.

He has corroborated his case in his statement on oath, on this point. He has failed to file any appointment letter

offering him appointment. He also admits that his name was not in any seniority list but the persons who was engaged

later on was regularized .there is nothing in his statement to show that he was appointed by following the due

procedure of recruitment. The Management witness has stated on oath that he was a daily wager to work on daily

basis as and when required by the Branch and he never completed 240 days in continuous service in any year. The

witnessfurther denied that any workman junior to him was regularized.

11.

Exhibit W-1 is the communication sent to the Branch Manager by General Manager of the Bank wherein he

has stated that the Branch has taken the work of messengerfrom applicant /workman since long which is againstthe

directions. The two certificates Exhibit W-1 and W-3 also corroborates the statement of the workman on this point,

hence in the light of these facts, the stand of the workman that he worked continuously for 240 days in every year

appears more to be more reliable and probable than the management witness on this point. Hence the workman is

held to have proved his continuous engagement for 240 days in every year as a daily wager including the year

preceding the date of his dis-engagement. It is also not disputed that no notice or compensation was issued before the

dis-engagement of the workman. This is in violation of Section 25G of the Industrial Disputes Act,1947 which is

being reproduced as follows:-

25G. Procedure for retrenchment.- Where any workman in an industrial establishment, who is a

citizen of India, is to be retrenched and he belongs to a particular category of workmen in that

establishment, in the absence of any agreement between the employer and the workman in this behalf,

the employer shall ordinarily retrench the workman who was the last person to be employed in that

category, unless for reasons to be recorded the employer retrenches any other workman.

12.

Though the workman has taken another ground that persons engaged after the workman have been

regularized but his allegation is held not proved in the light of the above discussion. Issue No.1 and Issue No.2 is

answered accordingly.

13.

Issue No.3:- In the light of the findings recorded earlier, the point which arises for consideration is as to what

relief the workman is entitled. It has been submitted from the side of the management that the workman was not

appointed against vacancy following recruitment procedure . It is also submitted that the Bank has amalgamated in

another bank and on these grounds it has been submitted that the workman is not entitled to reinstatement

/regularization of his services. Judgement of Hon’ble the Apex Court in HondaramRamchandra Vs. Yeshwant

Mahadev Kadam (2007) 14 SCC 277 in this respect. Learned Counsel has further referred to another judgment of

Mahboob Deepak vs Nagar PanchayatGajraula&Anr (2008)1 SCC 575. In the light of the principle laid down in

these two judgments, the workman is held not entitled to reinstatement/regularization of his services. Keeping in view

the period of his engagement for about 10 years and the facts and circumstances of the case in hand as mentioned

above, a lump sum compensation of Rs.1,00,000/- in lieu of all his claims will meet the ends of justice. Issue No.3 is

answered accordingly.

14.

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

A.

The action of the of the Chairman, MandlaBalagahtKshetriyaGramin Bank Mandla in not

regularizing Shri Samlulal Yadav and terminating his services is held to be bad in law.

B.

The workman is held entitled a lump sum compensation of Rs.1,00,000/- (Rs, one lakh only)in

lieu of his claims as full and final settlement payable by Management with interest @9% p.a.

from the date of publication of Award in Official Gazette till the date of payment.

15.

Let the copies of the award be sent to the Government of India, Ministry of Labour& Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 12 tqykbZ] 2022

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

Hkkjrh; LVsV cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 60@2019½ dks izdkf'kr djrh gSA

[la- ,y-12011@31@2019-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

1356

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 12th July, 2022

S.O. 660.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 60/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India and

their workmen.

[No. L-12011/31/2019– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/60/2019

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

The General Secretary,

All India State Bank of India Employees

Association, C/o State Bank of India,

Shahpura Branch (Bhopal)

…Workman

Versus

The Chief General manager

Stater Bank of India

Local Head office

Hoshangabad Road,

Bhopal (M.P.)

…Management

AWARD

(Passed on 10th day of May-2022)

As per letter dated 9-8-2019 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12011/31/2019-IR(B-1) The dispute under reference relates to:

“Whether the action of the management of Chief General Manager, State Bank of India (Erstwhile State

Bank of Indore) in terminating the services of workmen Shri Nemi chand Patel w.e.f. February-2013 &

Shri Mahesh Mehra w.e.f. 2010 & not regularising them even after completion of 240 days in a calendar

year is legal and justified?if not to what relief the above workmen are entitled for? .”

1.

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

2.

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

claim/defence inspite of sufficient time given to them.

3.

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

workman is not interested in pursing his claim.

4.

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

workman.

5.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 12 tqykbZ] 2022

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

Hkkjrh; LVsV cSad ds izca/kra=z ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 3@2020½ dks izdkf'kr djrh gSA

[la- ,y-12011@64@2019-vkbZ vkj ¼ch-1½]

Mh- xqgk] voj lfpo

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1357

New Delhi, the 12th July, 2022

S.O. 661.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 3/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India and their

workmen.

[No. L-12011/64/2019– IR(B-1)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/3/2020

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

The General Secretary,

Dainik Vetan Bhogi Bank karmachari Sangathan,

F-1, Tripti Vihar. Opposite Engineering college

Ujjain (M.P.)

…Workman

Versus

The Dy.General manager (O & C)

State Bank of India,

Local Head Office

Hoshangabad road,

Bhopal (M.P.)

…Management

AWARD

(Passed on 10th day of May-2022)

As per letter dated 23/12/2019by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12011/64/2019-IR(B-1) The dispute under reference relates to:

“Whether the demand of the Union named Dainik Vetan Bhogi Bank Karmchari Sangathan claiming Bonus

payment in favour of Shri Santosh Uchatiya daily wage employee(Sweeper for the period from 1-11-99 to 31-

3-2016 is justified or not?If so, what relief the daily wager is entitled for? .”

1.

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

2.

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

claim/defence inspite of sufficient time given to them.

3.

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

workman is not interested in pursing his claim.

4.

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

workman.

5.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 12 tqykbZ] 2022

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

e/; izns'k xzkeh.k cSad ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k tcyiqj ds iapkV ¼lanHkZ la[;k 55@2014½ dks izdkf'kr djrh gSA

[la- ,y-12012@12@2014-vkbZvkj ¼ch-1½]

Mh- xqgk] voj lfpo

1358

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 12th July, 2022

S.O. 662.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 55/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of Central Madhya Pradesh

Gramin Bank and their workmen.

[No. L-12012/12/2014– IR(B-1)

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/55/2014

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

Shri Dhruvdas Kolare,

Ward No.-16,Parasia,

District Chhindwara

…Workman

Versus

The President ,

Central Madhya Pradesh Gramin Bank

South Civil Lines,

Chhindwara (M.P.)

…Management

AWARD

(Passed on 11-5-2022)

As per letter dated 11/3/2014 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-

12012/12/2014-IR(B-1). The dispute under reference relates to:

“Kya shri Dhruvdas Kolare jo varsh 2004 se 2011 tak Central Madhya Pradesh Gramin Bank, Chandmeta

mein Dainik Vetan Bhogi Karmachari ke roop mein mein neyojit the ko bank Prabhandan ke dwara

Neyemet kamgar ke roop mein shamil kar neyamit na kiye jaana uchhit hai?Yadi nahi to Shri Dhruvdas

Kolare kya anutosh paane ke adhikari hain? .”

1.

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

filed their respective statement of defence/claim.

2. The case of the workman as stated in his statement of claim is that he worked as a peon continuously without any

break in Chaandmeta Branch of the Bank from year 2004 to year 2007 and in Parasiya Branch from year 2007 to

year 2011. He was discontinued by Management without any notice or compensation in August-2011. The three

other employees namely Jugal Kishore Aldak, Sudhakar Dhakre and Chandrakan Baraskar were working in the

Respondent Bank who were on similar footing, raised a dispute and they were ordered to be regularized by Labour

Court Chhindwara. According to the workman, the Management has acted arbitrarily in disengaging the workman

and not regularizing him.

3. According to the management, the workman was engaged as a daily wager on the availability of the work in the

Bank. He never worked continuously for 240days in any year including the year preceding the date of his dis-

engagement. The management has further denied any regularization of service of Jugal Kishore Aldak, Sudhakar

Dhakre and Chandrakan Baraskar as mentioned by the workman. Accordingly, the management has prayed that the

reference be answered against the workman.

4. The workman has examined himself on oath as witness. He has filed and proved Exhibit W-4 letter dated 5-7-

2005 issued by the Bank. Exhibit W-5 is photocopy of deposit slip and Exhibit W-6 is photocopy of payment

voucher, Exhibit W-7 is photocopy of stamp voucher, Exhibit W-8 is schedule for preparing and depositing cheque.

Another Voucher is Exhibit W-9, a letter of management is Exhibit W-10, deposit of cheque is Exhibit W-11, letter

written by cashier is Exhibit W-12 and another letter issued by Bank is Exhibit W-13. Exhibit W-1 is the notice

issued by the Assistant Labour Commissioner during the pendency of the dispute, Exhibit W-2 is letter of Assistant

Labour Commissioner to Secretary of the Ministry which are admitted by the Management.

5. The Management has filed deposit slip/payment voucher of copies admitted by workman which are Exhibit M-1

to Exhibit M-16 and has examined its witness Tikaram Joshi, Branch Manager who was not cross-examined by the

workman, hence opportunity was closed. I have heard arguments of workman in person. The Management has not

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1359

submitted any any written argument. I have perused the record in the light of the rival arguments. The following

issues come up for determination in the case in hand:-

1.

Whether the workman has successfully proved his continuous engagement for 240 days in a year

including the year preceding the date of his dis-engagement?

2.

Whether the dis-engagement of the workman is legal?

3.

Relief to which the workman may be entitled to?

6. ISSUE NO.1:-

Before entering into any discussion Section 25B of the Industrial Disputes Act,1947, requires to be reproduced as

under:-

Section 25 B:-

Definition of continuous service.-

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted on account of sickness or

authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work

which is not due to any fault on the part of the workman; (2) where a workman is not in continuous

service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to

be in continuous service under an employer- (a) for a period of one year, if the workman, during a

period of twelve calendar months preceding the date with reference to which calculation is to be made,

has actually worked under the employer for not less than- (i) one hundred and ninety days in the case

of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other

case; (b) for a period of six months, if the workman, during a period of six calendar months preceding

the date with reference to which calculation is to be made, has actually worked under the employer for

not less than- (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii)

one hundred and twenty days, in any other case.

7. The case of the workman is that he was appointed on regular basis, whereas according to the Management the

workman was employed as a daily wager who never completed 240 days in any year in continuous service. From the

evidence on record, it transpires that the workman was not selected following the recruitment process. There is no

evidence to support this point. A comparative study of the statement of the workman in the light of the statement of

the Management witness brings out and establishes the fact that the workman was a daily wager, engaged by the

Management. Though the Management witness had denied the continuous engagement of workman for 240 days and

more in any year but Management witness has not appeared for cross-examination and secondly the statement of the

workman is consistent on this point and is supported by the documents Exhibit W-1 to W-8 proved by the workman

and payment vouchers filed by Management itself. Hence on the basis of the above discussion, the workman is held to

have successfully proved his continuous engagement as a daily wager in every year including the year preceding the

date of his dis-engagement. Issue No.1 is answered accordingly.

8. ISSUE NO.2:- It is the case of the workman that he was not paid any notice or compensation before his dis-

engagement. The Management states that no notice or compensation was required, hence it is established that the

workman was dis-engaged without any notice or compensation. In the light of the fact that he has successfully

proved his continuous engagement for 240 days in every year, the dis-engagement of the workman without any

notice or compensation is nothing but violative of Section 25G of the Industrial Disputes Act,1947 which is as

follows:-

25G. Procedure for retrenchment.- Where any workman in an industrial establishment, who is a

citizen of India, is to be retrenched and he belongs to a particular category of workmen in that

establishment, in the absence of any agreement between the employer and the workman in this behalf,

the employer shall ordinarily retrench the workman who was the last person to be employed in that

category, unless for reasons to be recorded the employer retrenches any other workman.

Thus , accordingly, Issue No.2 is answered.

9. ISSUE NO.3:- In the light of finding recorded above, the point arises as to what relief the workman is entitled to

. The workman has been working as a daily wager from the year 2003 to 2011. Since he was not appointed by

following the recruitment procedure, he does not deserve to be reinstated. Thus, keeping in view the tenure of his dis-

engagement and the fact that he was simply a daily wager, he is held entitled to lump sum compensation. Keeping all

the facts in consideration, a lump sum compensation of Rs.50,000/-(Rupees fifty thousand only) in lieu of his claims

will be just and equitable in the case in hand. Issue No.3 is answered accordingly.

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

1360

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

A.

The action of the management as mentioned in the reference is held to be against law and is

unjustified.

B.

The workman is held entitled to a lump sum compensation of Rs.50,000/-(Rupees fifty thousand

only) in lieu of his claims with interest @9% p.a. from the date of notification of Award in

Gazette till the date of payment.

C.

No order as to costs.

11.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.-

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 12 िुलाई, 2022

का.आ. 663.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार वररष्ठ मंडल प्रबंिक, भारती िीवन बीमा जनगम, अिमेर के प्रबंितंत्र के संबद्ध जन ोिकों और सजचव, ऑल

इंजड ा अनुसूजचत िाजत/अनुसूजचत िनिाजत एवं बुजद्धष्ट एल.आई.सी. एम्प्लॉईज़ वेलफे र एसोजसएिन, अिमेर के बीच

अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , ि ृुर ृंचाट (संिभज

सं्‍ ा 75/2007) को प्रकाजित करती िज।

[सं. एल- 17011/7/2007-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 663.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 75/2007) of the Central Government Industrial Tribunal/Labour

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

management of The Senior Division Manager, Life Insurance Corporation of India, Ajmer and The Secretary, All

India Anusuchit Jati/Anusuchit Janjati and Buddhist L.I.C. Employees Welfare Association Mandal, Ajmer.

[No. L-17011/7/2007-IR(M)]

D. GUHA, Under Secy.

/

jk/kkeksgu prqosZnh

/

/

–IR(M)

/

/

lfpo] vkWy bf.M;k vuqlwfpr tkfr@vuqlwfpr tutkfr ,oa

cqf)"V ,y-vkbZ-lh- ,EiykbZt osyQs;j ,lksfl;s'ku e.My]

dk;kZy; Hkkjrh; thou chek fuxe jkukMs ekxZ] vtes

--- izkFkhZ

ofj"B e.My izcU/kd]

Hkkjrh; thou chek fuxe e.My]

dk;kZy;]thou izdk'k jkukMs ekxZ] iksLV cSx ua- 02 vtesj

izkFkhZ dh vksj ls % Jh jes'k pUnz cqUnsy & izkFkhZ Jfed

vizkFkhZ dh vksj ls % Jh tqxy fd'kksj vxzoky &vf/koDrk

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1361

%

fnukad % 29&03&2022

1-

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vf/kdj.k dks U;k;fu.kZ;u gsrq lanfHkZr fd;k x;k

“Whether the action of the management of Sr. Divisional Manager, LIC of India, Zonal Office, Ranade

Marg, Ajmer vide order dated 29/2/2005 in deducting three increments of Sh. Ramesh Chand Bundale is

justified and legal ? If not, to what relief the workman is entitled ?”

2-

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fn;k x;kA

3-

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4-

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ds fo:) dh xbZ tkap fof/k ds vuq:i gSA tkap vf/kdkjh }kjk izsf"kr fofHkUu i= mlus tkucw>dj ugha fy;sA vr% okn

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vf/kfu.kZ; ikfjr fd;k tk jgk gSA

7-

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8-

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Ranade Marg, Ajmer in deducting the three increments vide order dated 28/2/2005 from the salary of Sh. Ramesh

Chand Bundel is just and legal ? If not, to what relief the workman is entitled to?” dk U;k;fu.kZ;u fd;k x;k gSA bl

1362

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

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9-

bl fLFkfr esa bl vf/kdj.k dk ;g lqfopkfjr fu"d"kZ gS fd izkFkhZ }kjk izLrqr ekaxi= lanfHkZr fookn ds vuqlj.k

esa ugha gS rFkk bl vf/kdj.k dks lanfHkZr fookn tks izkFkhZ ds fo:) ikfjr naMkns'k fn- 28-2-2005 ls lacaf/kr Fkk] Je

U;k;ky; vtesj }kjk fn- 13-11-2013 dks gh vf/kfuf.kZr fd;k tk pqdk gSA

10-

foi{kh }kjk tks vk{ksi ekaxi= dh iks"k.kh;rk ds laca/k esa fd;s x;s gSa rFkk izkFkhZ ds fo:) dh xbZ foHkkxh; tkap

ds ijhJ.k ds laca/k esa visf{kr gSa] mu ij dksbZ fopkj fd;k tkuk bl fookn esa fo|eku ifjfLFkfr;ksa ds dkj.k vko';d

ugha jg tkrk gSA

11-

pwafd izkFkhZ }kjk fookn esa lanfHkZr naMkns'k fn- 28-2-2005 ds laca/k esa dksbZ nkos dk vfHkdFku gh izLrqr ugha fd;k

x;k gS rFkk fn- 28-2-2005 dks ikfjr naMkns'k ds laca/k esa Je U;k;ky; vtesj }kjk vf/kfu.kZ; iwoZ esa gh ikfjr fd;k tk

pqdk gS] izkFkhZ lanfHkZr fookn ds varxZr dksbZ vuqrks"k bl vf/kdj.k ls izkIr djus dk vf/kdkjh ugha gSA

12- Je ea=ky;] Hkkjr ljdkj] ubZ fnYyh }kjk lanfHkZr fookn pwafd =qfVo'k u dsoy bl vf/kdj.k dks oju~ Je

U;k;ky; vtesj dks Hkh izsf"kr dj fn;k x;k gS] blfy;s bl fookn dk fuLrkj.k mi;qZDrkuqlkj gh fd;k tkrk gSA

13-

Je eU=ky; Hkkjr ljdkj }kjk bl vf/kdj.k dks U;k;fu.kZ;u gsrq izsf"kr fookn dk mRrj mi;qZDrkuqlkj fn;k

tkrk gSA

14-

vf/kfu.kZ; dh izfrfyfi dsUnzh; ljdkj dks vkS|ksfxd fookn vf/kfu;e 1947 dh /kkjk 17 ¼1½ ds vUrXkZr

izdk’kukFkZ izsf"kr dh tkosA

jk/kk eksgu prqoZsnh] ihBklhu vf/kdkjh

ubZ fnYyh] 12 tqykbZ] 2022

का.आ. 664.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार लाइफ इन्सुरेंस कॉृोरेिनऑफ़ इंजड ा के प्रबंितंत्र के संबद्ध जन ोिकों और श्री संि कुमार नराजन ा, िौसा,

रािस्ट् ान के बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , ि ृुर

ृंचाट (संिभज सं्‍ ा 27/2013) को प्रकाजित करती िज।

[सं. एल-17012/3/2013-आईआर (एम)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 664.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 27/2013) of the Central Government Industrial Tribunal/Labour

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

management of Life Insurance Corporation of India and Shri Sanjay Kumar Narania, Dausa, Rajasthan.

[No. L-17012/3/2013-IR(M)]

D. GUHA, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1363

jk/kk eksgu prqosZnh] ihBklhu vf/kdkjh

Reference No. L-17012/3/2013-IR (M)

Dated: 12.04.2013

Jh lat; dqekj ujkfu;k iq= Jh xaxk lgk; ujkfu;k]

eksgYyk jSxjku] okMZ ua- 23] Hks:th dk [kqjkZ] rglhy ,oa ftyk& nkSlk] ¼jktLFkku½A ---izkFkhZ

1-

Hkkjrh; thou chek fuxe] tfj;s e.My izc/kad]

e.My dk;kZy;& izFke] ^chek Hkou^ Hkxoku nkl jksM+] vEcsMdj lfdZy] t;iqjA

2-

Hkkjrh; thou chek fuxe] tfj;s e.My izca/kd]

e.My dk;kZy;& f}rh;] ukuxh Iyktk] ,& 20] vuhrk dkWyksuh]

xka/kh uxj jsyos LVs’ku ds ikl] t;iqjA

3-

Hkkjrh; thou chek fuxe] tfj;s 'kk[kk izc/kad]

'kk[kk dk;kZy;& thou T;ksfr] DysDVsªV pkSjkgk] [kku Hkkadjh jksM+] nkSlkA

---vizkFkhZx.k@foi{kh

izkFkhZ dh vksj ls % Jh ve`r izlkn 'kekZ] vf/koDrkA

vizkFkhZ dh vksj ls % Jh tqxy fd’kksj vxzoky] vf/koDrkA

1-

Je ea=ky; Hkkjr ljdkj ubZ fnYyh }kjk fnukad 12-04-2013 dks vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls vkxs

ek= vf/kfu;e dgk tk;sxk½ dh /kkjk 10 ¼1½ ¼Mh½ o 2A ds vUrxZr iznRr 'kfDr;ks ds vuqlj.k esa fuEukafdr vkS|ksfxd

fookn U;k;fu.kZ;u gsrq bl vf/kdj.k dks lanfHkZr fd;k x;

“Whether Shri Sanjay Kumar Narania, workman has worked for more than 240 days continuous service

at LIC Branch Office, Dausa under control of the management of LIC of India, DO Office-II, Jaipur? If

so, to what relief the workman is entitled to?’’

2-

izkFkhZ dh vksj ls fnukad 17-10-2013 dks vius nkos dk vfHkdFku izLrqr fd;k x;kA izkFkhZ dk dFku gS fd mlus

foi{kh la- 3 ds nkSlk dk;kZy; esa vius ;ksX;rk izek.k i=ksa lfgr vkosnu izLrqr fd;k Fkk ftl ij mls lk{kkRdkj ds fy,

mls cqyk;k x;kA izkFkhZ 19-04-2007 dks lk{kkRdkj esa mifLFkr gqvk] rnqijkar 25-04-2007 dks foi{kh ds nkSlk dk;kZy; esa

tylsod ds in ij fu;qfDr ns nh xbZA rnqijkar izkFkhZ dks iqu% foi{kh la-& 3 }kjk 18-08-2008 dks ewy izek.k i=ksa lfgr

lk{kkRdkj ds fy, cqyk;k x;kA lk{kkRdkj ds Ik’pkr foi{kh la-& 3 ds dk;kZy; esa tylsod ds in ij izkFkhZ dks 19-08-

2008 dks fu;qfDr nh xbZA ekg vizsy] 2010 ls Qjojh] 2011 rd izkFkhZ foi{khx.k ds t;iqj 'kk[kk dk;kZy; f}rh; esa

yxkrkj 11 ekg rd tylsod ds in ij dk;Zjr jgkA Qjojh] 2011 ls vDVwoj] 2011 rd izkFkhZ dh lsokvksa dk

ifjJfed Hkqxrku izkFkhZ ds uke ls ugha djrs gq;s fdUgha vU; O;fDr;ksa ds ukeks ls fd;k x;kA bl ij izkFkhZ us tc

vkifRr dh rks uoEcj] 2011 ls foi{khx.k us Hkqxrku can dj fn;k vkSj mls ukSdjh ls fudkyus dh /kefd;k nh xbZA

foi{khx.k usa izkFkhZ dks iqu% t;iqj ls nkSlk 'kk[kk dk;kZy; esa lsok nsus ds fy, ;g dg dj Hkst fn;k fd ftl dk;kZy;

esa izkFkhZ dk lk{kkRdkj ysdj ukSdjh ij j[kk gS ogh mls LFkkbZ ukSdjh nsxkA nkSlk dk;kZy; esa 3 fnlEcj] 2011 ls Qjojh]

2012 rd izkFkhZ dks dk;Z djus fn;k x;k ysfdu tc izkFkhZ us LFkkbZ djus dk fuosnu fd;k rks mls ekg ekpZ] 2012 ls

lsokeqDr dj fn;kA foi{khx.k dk ;g d`R; voS/k o euekuk gSA izkFkhZ us ,d jftLVMZ uksfVl ekpZ] 2012 esa foi{khx.k dks

fn;k tks mUgsa izkIr gks x;k ysfdu dksbZ mRrj ugha fn;kA foi{khx.k dk ;g d`R; vf/kfu;e dh /kkjk 25 ¼,Q-½ ¼th-½ o

¼,p-½ ds izko/kkuksa ds izfrdwy gSA izkFkhZ us dqy 298 fnu dk;Z fd;k gSA izkFkhZ dks mlds }kjk fd;s x;s dk;Z dk iw.kZ

Hkqxrku ugha fd;k x;kA izkFkhZ lsok lekfIr ds mijkar vc rd csjkstxkj gSA vr% okn Lohdkj dj izkFkhZ dks lsok

i`FkDdj.k dh fnukad ls tylsod ds in ij lsok esa cgky djokus vkSj mlh fnukad ls lsok esa ekurs gq;s foxr osru o

ifjykHk C;kt lfgr fnyk;s tkosaA

3-

foi{khx.k dh vksj ls onksRrj esa ;g dgk x;k gS fd ljdkj }kjk Hkstk x;k jsQjsal voS/k gSA jsQjsal ls ijs

tkdj u rks dksbZ vfHkopu fd;s tk ldrs gS] uk gh ml ij fu.kZ; fy;k tk ldrk gSA izkFkhZ dks tylsod ds in ij

dksbZ fu;qfDr ugha nh xbZA foi{kh la-&3] }kjk ,d fo’ks"k dk;Z ds fy, Li"V 'krksZ ds lkFk vkosnu esa of.kZr vof/k ds fy;s

1364

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

73@&:- izfrfnu ds fglkc ls j[kk x;k FkkA izkFkhZ us bu 'krksZ dks Lohdkj fd;k] bl fy;s oks bu 'krksZ ls ikcUn gSA

izkFkhZ dsoy 60 fnuksa ds fy;s j[kk x;k FkkA vf/kfu;e dh /kkjk&2 ¼vks-vks-½ ¼ch-ch-½ ,slh fu;qfDrvksa dks NaVuh dh ifjHkk"kk

ls ckgj djrh gSA izkFkhZ us dHkh Hkh ,d o"kZ esa 240 fnu ;k vf/kd dk;Z ugha fd;kA foi{khx.k ds ;gkW HkrhZ dh ,d

fu’fpr izfdz;k gSA izfdz;k ds fcuk fiNys njokts ls vkdj ;fn dksbZ dke djuk crkrk gS rks og voS/k gSA foi{khx.k us

izkFkhZ dks dksbZ fu;qfDr ugha nh uk gh lsokeqDr fd;kA lsok i`FkDdj.k dh frfFk ls izkFkhZ csjkstxkj ugha gaSA izkFkhZ dks ek=

2007 esa fu’fpr vof/k ds fy;s fu;qfDr nh xbZ Fkh tks Lor% lekIr gks xbZA blfy, izkFkhZ dksbZ vuqrks"k ikus dk vf/kdkjh

ugha gSA vr% okn fujLr fd;k tk;sA

4-

izkFkhZ dh vksj ls vfrfjDr dFku Hkh izLrqr fd;s x;s gS vkSj iqu% okn Lohdkj djus dk vkxzg fd;k x;k gSA

5-

izkFkhZ us vius lk{; esa Lo;a izkFkhZ AW-1 lat; dqekj ujkfu;k dks ijhf{kr fd;k rFkk izys[kh; lk{; esa izn'kZ

W-1 ls izn'kZ W-4 rd izys[k iznf’kZr fd;sA

6-

foi{kh x.k dh vksj ls lk{; esa Jherh yfyrk ehuk] lgk;d iz’kklfud vf/kdkjh dks ijhf{kr fd;k x;kA

izys[kh; lk{; esa izn'kZ M-1 izys[k iznf'kZr fd;kA

7-

fnukad 05-05-2022 dks eSusa mHk;i{k ds ijLij fojks/kh rdZ lqusaA lk{; dk ifj’khyu fd;k vkSj foi{khx.k dh vksj

ls izLrqr fd;s x;s fuEukfdar fu.kZ;ksa esa ikfjr fof/k ij euu fd;kA

¼1½

egkohj d.MDVj cuke uUn fd’kksj 2003 WLC- (UC) 424 ¼jkt-½

¼2½

'kaHkw cuke eS- lqxu MªkbZDyhulZ 2017 ¼155½ FLR- 291 ¼fnYyh½

¼3½

Hkkouxj E;qfuf’kiy dkWiZjs'ku cuke lyhe HkkbZ] mej HkkbZ ealwjh 2013 ¼138½ FLR- 923 (SC)

¼4½

Hkksxiqj dkWijsfVo lqxj feYl fy- cuke gesZ'k dqekj 2007

SLR (SC)

¼5½

lsdzsVªh LVSV vkWQ dukZVd cuke mek nsoh AIR- 2006 (SC) 1806

8-

vfHkHkk"kd izkFkhZ dk ;g rdZ gS fd Je ea=ky; Hkkjr ljdkj }kjk tks fookn bl vf/kdj.k dks U;k;fu.kZ;u gsrq

Hkstk x;k gS mlesa izkFkhZ ds lsok lekiu dh frfFk ugha fy[kh xbZ gS] ysfdu izkFkhZ us vius nkos ds vfHkdFku esa ekpZ] 2012

ls izkFkhZ dks lsokeqDr dj nsuk of.kZr fd;k gSA blfy, fookn ds fu.kZ; gsrq izkFkhZ dh lsok lekfIr frfFk ekpZ] 2012 ls

xzg.k dh tkdj fookn dk fu.kZ; fd;k tkosA izkFkhZ us vius lk{; ls ;g izekf.kr dj fn;k gS fd mls foi{khx.k us igys

nkSlk dk;kZy; esa] rRi’pkr t;iqj dk;kZy; esa tylsod ds in ij vLFkkbZ :Ik ls fu;qDr fd;kA tc izkFkhZ us LFkkbZ

fu;qfDr dh ekWx dh rks ekpZ] 2012 ls mls lsok ls i`Fkd dj fn;k x;kA foi{khx.k us Hkh izkFkhZ dks fu;qDr fd;s tkus dk

rF; Lohdkj fd;k gSA vr% okn Lohdkj fd;k tkosA

9-

vfHkHkk"kd foi{khx.k us loZizFke ;g vk{ksi fd;k fd pwafd dsUnz ljdkj }kjk lanfHkZr fookn esa izkFkhZ dh lsok

lekfIr dh dksbZ frfFk vafdr ugha gSa] blfy, ;g vf/kdj.k lsok lekfIr ds laca/k esa izkFkhZ ds vfHkopuksa dks xzg.k dj

fookn dk fu.kZ; djus gsrq l’kDr ugha gSA lanfHkZr fookn Hkh vIk;kZIr rF;ksa ds nks"k ls xzLr gSA lanfHkZr fookn dh 'krksZ ls

ijs tkdj ;g vf/kdj.k fdlh rF; dk fofu’p; ugha dj ldrkA mudk ;g Hkh rdZ gS fd izkFkhZ dks foi{kh la-& 3 }kjk

ek= 60 fnu ds fy, 73@&:- izfrfnu nSfud etnwjh ij] ,d fu’fpr dk;Z vkSj vof/k ds fy, j[kk x;k FkkA izkFkhZ us

bu 'krksZ dks Lohdkj dj] dk;Z fd;k FkkA bl vof/k dh lekfIr ij vf/kfu;e dh /kkjk&2 ¼vks-vks-½ ¼ch-ch-½ ds izko/kkuksa ds

vuqlkj lsok lekfIr NaVuh ugha gSA izkFkhZ us t;iqj fLFkr dk;kZy; esa dk;Z djuk vkSj vU; O;fDr;ksa ds uke ls foi{khx.k

}kjk Hkqxrku fd;s tkus dk rF; Hkh izekf.kr ugha fd;kA vr% okn fujLr fd;k tkosA

10-

eSusa mHk; i{kksa ds rdksZ ij euu fd;kA rRi’pkr fopkj.kh; fcUnqvksa ij fu.kZ; ikfjr fd;k tk jgk gSaA

D;k Je ea=ky; Hkkjr ljdkj }kjk lanfHkZr fookn esa izkFkhZ deZdkj dh lsok lekfIr ,oa mldh frfFk dk mYys[k u gksus

ij Hkh izkFkhZ }kjk izLrqr vfHkopuksa dks xzg.k djrs gq;s fookn dk U;k;fu.kZ;u fd;k tkuk fof/k lEer gS\

¼i½ ekuuh; jktLFkku mPp U;k;ky; }kjk egkohj d.MDVj cuke uUn fd'kksj ds fu.kZ; esa ;g ekxZn'kZu fn;k gS fd tc

jsQjsal vkns’k esa deZdkj dh lsok ds lekiu dh frfFk dk mYys[k ugha gks rks vf/kdj.k vFkok U;k;ky; dks ;g l{kerk

ugha gS fd og deZdkj ds vfHkopuksa ds vuqlkj lsok lekfIr frfFk dks Lohdkj dj jsQjsal dh 'krksZ esa lalks/ku ;k lq/kkj

djsaA eSusa bl fu.kZ; esa ikfjr vf/ker ij fopkj fd;k rks ;g ik;k fd lanfHkZr vkns’k esa izkFkhZ dh lsok lekfIr dh dksbZ

frfFk mYysf[kr ugha gS rFkk izkFkhZ us Hkh bl lanfHkZr vkns’k esa lsok lekfIr ,oa lsok lekfIr dh frfFk dks lekfo"V fd;s

tkus gsrq dksbZ la'kks/ku ugha djok;k gSA bl vf/kdj.k dks lanfHkZr fookn dh ifjlhekvksa esa jgrs gq;s gh vf/kfu.kZ; djus

dh {ks=kf/kdkjrk vf/kfu;e ds izko/kkuksa ds vUrxZr iznku dh xbZ gSA blfy, bl vf/kdj.k ds lqfopkfjr vf/ker ls izkFkhZ

ds nkos ds vfHkdFku esa of.kZr lsok lekfIr frfFk dks xzg.k djrs gq;s fookn dks vf/kfu.khZr fd;k tkuk vfof/k iw.kZ gSA

izkFkhZ ds vfHkopu tks fd ekpZ 2012 ls mldh lsok lekfIr dks voS/k ?kksf"kr djokus ls laca/k j[krs gS lanfHkZr fookn ls

ijs gksus ds dkj.k xzg.k djus ;ksX; ugha gSA vr% ;g fcUnq izkFkhZ ds fo:} fu.khZr fd;k tkrk gSA

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1365

D;k izkFkhZ dks foi{khx.k }kjk fu’fpr vof/k ,oa dk;Z ds fy, lsok esa j[kk tkus ds dkj.k fu;r vof/k ds lekiu ij gqbZ

lsok lekfIr] NaVuh ugha gS vkSj izkFkhZ vf/kfu;e dh /kkjk 25 ¼,Q-½ ¼th-½ o ¼,p-½ ds izko/kkuksa dk laj{k.k izkIr djus dk

vf/kdkjh ugha gS\

¼i½ AW-1 lat; dqekj us vius izfrijh{k.k esa ;g dgk gS fd foi{kh la-& 3 us vius i= esa Li"V :Ik ls ;g mYys[k

fd;k Fkk fd p;u gksus dh n’kk esa ;g fu;qfDr 60 fnuksa gsrq iw.kZr% vLFkkbZ :Ik ls dh tk;sxhA ifjJfed 73@& :-

izfrfnu ds fglkc ls] dk;Z fnolks ds fglkc ls Hkqxrku fd;k tkosxkA izkFkhZ us izn’kZ& 1 bl laca/k esa iznf’kZr fd;k gSA

izn'kZ& 1 ds voyksdu ls izkFkhZ dh fu;qfDr 60 fnu dh vof/k gsrq vLFkkbZ rkSj ij nSfud osruHkksxh ds :Ik esa izLrkfor

fd;k tkuk izekf.kr gksrk gSA izkFkhZ us vius izfrijh{k.k esa ;g Hkh Lohdkj fd;k gS fd izn’kZ& 2 lk{kkRdkj i= ds ckn mls

dksbZ fu;qfDr i= ugha fn;kA mlus ;g Hkh Lohdkj fd;k fd izn'kZ&1 esa 60 fnu ds fy, fu;qfDr fn;k tkuk lgh gS] vkSj

izn'kZ& 2 esa Hkh 32 fnu gsrq vLFkkbZ fu;qfDr gsrq lk{kkRdkj ds fy, cqykuk lgh gSA 32 fnu dh dfFkr fu;qfDr ds Ik’pkr

vkxs dh vof/k ds fy;s mls dksbZ fu;qfDr i= ugha fn;k x;kA izkFkhZ us vius lk{; esa ;g Hkh Lohdkj fd;k gS fd dfFkr

60 fnu o 32 fnu dh fuf'pr vof/k ds mijkar mls dksbZ fu;qfDr i= ugha fn;k x;kA ,slh fLFkfr esa vf/kfu;e dh /kkjk&

2 ¼vks-vks-½ ¼ch-ch-½ ds izko/kku fu’fpr :Ik ls vkdf"kZr gksrs gSA pwfda izkFkhZ dks 60 fnu] o mlds Ik’pkr 32 fnu dh vof/k

ds fy, ,d fo'ks"k iz;kstu ls fuf'pr vof/k gsrq dk;Z ij j[kk x;k ,slh lsok dk lekiu vuqca/k dh vof/k lekIr gks

tkus ij Lor% gks tkrk gSaA ;g lsok lekfIr bl fLFkfr esa vf/kfu;e dh /kkjk& 2 ¼vks-vks-½ ¼ch-ch-½ ds izko/kkuksa ds vuqlkj

NaVuh dh ifjHkk"kk esa ugha vkrhA ekuuh; mPpre U;k;ky; us vius fu.kZ; Hkkouxj E;qfuf'kiy dkWiZjs'ku cuke lyhe

HkkbZ] mej HkkbZ ealwjh esa ;g dgk gS fd fyf[kr vuqca/k dh fof’k"V 'krZ tc ;s n’kkZ;s fd fu;kstu ,d fu’fpr vof/k ds

mijkar lekIr gksxk rks /kkjk 25 ¼,p-½ ds izko/kku rHkh izHkkoh gksxsa tc deZpkjh dks NaVuh fd;k x;k gksA lafonk&tU;

vof/k ds lekiu ij gqbZ lsok lekfIr NaVuh ugha gksrhA blh dze esa ekuuh; mPpre U;k;ky; us vius fu.kZ; Hkksxiqj

dkWijsfVo lqxj feYl fy- cuke gesZ'k dqekj ds fu.kZ; esa ekSleh dk;Z ds fy, p;fur deZpkjh dks] ftls vkxkeh ekSle esa

dk;Z ugha fn;k x;k vkSj mlus 240 fnu dh lsok Hkh iw.kZ ugha dh] rFkk deZpkjh ds fu;kstu dk lafonk dk uohuhdj.k u

gksus ds QyLo:Ik lekiu gqvk gks] ;g NaVuh gksuk ugha ekuk x;kA bl fofu'p; esa izfrikfnr fof/k ds izdk'k esa pwfda

izkFkhZ dk fu;kstu fuf'pr vof/k ,oa iz;kstu ds fy, gqvk Fkk blfy, fofgr vof/k ds volku ij lsok Lor% lekIr gks

xbZA ;g lsok lekiu pwfda NaVuh dh ifjHkk"kk esa ugh vkrk blfy, izkFkhZ vf/kfu;e dh /kkjk 25 ¼,Q-½ ¼th-½ o ¼,p-½ ds

izko/kkuksa dk laj{k.k izkIr djus dk vf/kdkjh ugha gSA vr% ;s fcUnq izkFkhZ ds fo:} fofu’fpr fd;k tkrk gSA

mi;qZDr fopkj.kh; fcUnq la- 1 o 2 ij izkIr fu"d"kZ ds vk/kkj ij pwfda izkFkhZ dh lsok lekfIr] NaVuh dh ifjHkk"kk esa ugha

vkrh gS] lanfHkZr fookn esa lsok lekfIr frfFk dk mYys[k Hkh ugha gS vkSj bl vf/kdj.k dks lanfHkZr fookn ls ijs tkdj ;k

fookn ds fuca/kuksa dks la'kksf/kr djus dh la{kerk ugha gS blfy, izkFkhZ foi{khx.k ls dksbZ vuqrks"k vf/kfu;e dh /kkjk 25

¼,Q-½ ¼th-½ o ¼,p-½ ds vUrxZr ikus dk vf/kdkjh ugha gSA

12-

lanfHkZr fookn dk U;k;fu.kZ;u blh izdkj fd;k tkrk gSA

13-

vf/kfu.kZ; dh izfrfyfi vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 17 ¼1½ ds vuqlj.k esa izdk’kukFkZ izsf"kr dh

tkosaA

jk/kk eksgu prqosZnh] ihBklhu vf/kdkjh

नई दिल्ली, 12 िुलाई, 2022

का.आ. 665.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार लाइफ इन्सुरेंस कॉृोरेिन ऑफ़ इंजड ा के प्रबंितंत्र के संबद्ध जन ोिकों और श्रीमती सडंृल बेबी, एनाजकुलम के

बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , एनाजकुलम ृंचाट

(संिभज सं्‍ ा 02/2017) को प्रकाजित करती िज।

[सं. Z-16025/04/2022-IR(M)]

डी. गुिा, अवर सजचव

1366

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 12th July, 2022

S.O. 665.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 02/2017) of the Central Government Industrial Tribunal/Labour

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

management of Life Insurance Corporation of India and Smt. Dimple Baby, Ernakulam.

[No. Z-16025/04/2022-IR(M)]

D. GUHA, Under Secy.

ANNEXURE

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

ERNAKULAM

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

(Monday the 25th day of April 2022, 5 Vaisakha1944)

ID No.2/2017

Workman/Union :

Smt.Dimple Baby @ Dimple K.

Pandaliparambil House

Aikaranadu South Village

Elamkulam Kara

Kolenchery P.O.

Ernakulam –682311

By Adv.P. S. Ramachandran Pillai

Managements

:

1. The Chairman

Life Insurance Corporation of India

YogakshemaJeevan Bheema Marg

Mumbai – 400021

2. The Senior Divisional Manager

Life Insurance Corporation of India

M.G. Road

Ernakulam – 682011

3. The Senior Branch Manager

Life Insurance Corporation of India

Thripunithura

Ernakulam – 682301

4. The Branch Manager

Satellite Branch

Life Insurance Corporation of India

Kolencherry

Ernakulam - 682311

By Adv.R. S. Kalkura

This case coming up for final hearing on 17.01.2020 and 25.02.2021 and this Industrial Tribunal-cum-

Labour Court on 25.04.2022 passed the following:

AWARD

1.

Present claim is filed U/s 2A(2) of the Industrial Disputes Act, 1947. The worker has been working as a

temporary sweeper on daily wages against permanent perennial post in the Kolencherry Satellite Branch of the

Management, Life Insurance Corporation continuously from 23.10.2008. The worker had been put in an uninterrupted

and continuous service under the Management from 23.10.2008 on daily wages and her service comes under the

definition of Continuous Service U/s 25B of the Industrial Disputes Act, 1947. The worker requested the Management

to regularize her service in the permanent post of sweeper. The Management never responded to the request. The

worker was being paid a dailywage of Rs.60/-per day which was later enhanced to Rs.100/- per day. The worker

passed pre-degree and also passed Diploma in Computer Applications. Her date of birth is 02.09.1978. The requests

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1367

sent by the worker for regularizing her service was not respondedto bythe Management. In view of the above, worker

filed a writ petition before the Hon'ble High Court of Kerala. The Hon'ble High Court of Kerala directed the worker

to exhaust the remedies available under Industrial Disputes Act, 1947. During the pendency of the writ petition, the

Management retrenched the worker illegally without complying with the mandates of law, w.e.f. 07.08.2015, as a

measure of victimization. Since the action of the Management is illegal, the same is abinitio void. The Management

had resorted to unfair labour practice U/s 2(ra) and had committed the offence under items 5 and 10 of schedule V of

Industrial Disputes Act, 1947 for which penalty have to be imposed U/s 25T and Sec 25U of ID Act. The illegal

retrenchment of the worker w.e.f.07.08.2015 is an offence and it is a victimization falling under item 5 of Sec 2(ra),

unfair labour practice. The worker is entitled to be reinstated in service with all back wages and other benefits

retrospectively. The Hon'ble Supreme Court examined the issues of similar workers working in Life Insurance

Corporation of India and directed the Corporation to regularize the workers with back wages accrued to them. The

worker preferred a dispute before the Deputy Labour Commissioner, Kochi. The dispute was taken for conciliation.

Same was not settled due to the non co-operation of the Management. Hence the worker prayed that she may be

reinstated with back wages and other benefits to regularize her in the permanent and perennial post which she was

working.

2.

The Management filed written statement denying the above allegations. Management is a body corporate

constituted and functioning under the Life Insurance Corporation of India Act 1956. Terms and conditions of

employment in the Management are governed by the Regulations and Instructions having statutory backing. It is

well settled by the decisions of the Hon'ble Supreme Court that the statutory provisions of the Act, Regulations and

Instructions have overriding effect on the provisions of the Industrial Disputes Act,particularlySec 25 of the Act. The

provisions relating to retrenchment have been held to be inapplicable to the Management. U/s 23 of the Act, the

Corporation is entitled to employ such number of persons as it thinks fit for the purpose of enabling it to discharge its

functions under the Act. By virtue of Sec 48 of the said Act the Central Govt may, by notification in the Official

Gazette, make Rules to carry out the purpose of the Act and provides for all or any matter specified in sub-sec 2 of

Sec 48. Sec 49 of the Act provides that Corporation may with the prior approval of the Central Govt make

Regulations which are not inconsistent with the Act and Rules made there under. In exercise of the powers U/s 49,

the Management had in the year 1960 made regulations known as the Life Insurance Corporationof India (Staff)

Regulations, 1960 (herein after referred to as the ‘Staff Regulations’). In the year 1981 by the Life Insurance

Corporation (Amendment)Act, 1981 the Act was amended. Consequent to that the power to make rules relating to

the terms and conditions of service of the employees of theCorporation is vested with Life Insurance Corporation

including those who became its employees U/s 11 (1) of the Act. It is stipulated that the provisions of clause (cc) and

sub-sec 2B and any rules made under clause (cc) shall have effect and any such Rule made with retrospective effect

from any date shall also be deemed to have had effect from that date, notwithstanding any judgment, decree or order

of any Court, Tribunal or other authority and notwithstanding anything contained in the Industrial Disputes Act, 1947

or any other law or any agreement, settlement, award or other instrument for the time being in force. The scope of

Amendment Act in so far as the application of the Industrial DisputesAct, 1947 is concerned has been explained by

the Apex Court in A. V. Nachane and another Vs UOI, AIR 1982 SC 1126. Under regulation 8 of the Life

Insurance Corporation of India (Staff) Regulations 1960, notwithstanding anything contained in the regulations, a

Managing Director, an Executive Director (Personnel), a Zonal Manager or a DivisionalManager may employ staff in

class III and class IV on a temporary basis subject tosuch general or special directions as may be issued bythe

Chairman of the Management Corporation. Further under sub-section 2 of said regulation no person so appointed on

a temporary basis shall only by reason of such appointment be entitled to absorption in the service of the

Management Corporation or claim preference for recruitment to any post which has been highlighted in clause 8(1)

and 8(2) of the Life Insurance Corporation of India (Staff) Regulations 1960. The engagement of the worker was not

through any recruitment and/or selection process and not covered by the statutory rules. The worker was engaged as

a causal labourer. The worker was engaged for carrying out jobs of casual nature like cleaning of dust, sweeping etc.,

since October 2008. The worker was not doing any skilled job of perennial nature. The worker was never appointed

under Life Insurance Corporation of India (Staff) Rules 1960 or Life Insurance Corporation of India (Employment of

Temporary Staff) Instructions 1993 or any other statutory provision. The worker was not in continuous employment

as contemplated U/s 25 B of the Industrial Disputes Act. The engagement of the worker was need based. The

worker is not eligible to claim any regularization as the engagement was purely on need basis. The worker was

engaged on daily wage basis and was at liberty to leave the job at any point of time and there was no bar on her to

pursue any other outside employment. The worker along with another daily wage workman instituted writ petitionas

W.P.(C) no.17594/2015 before the Hon'ble High Court of Kerala and the Hon'ble High Court of Kerala vide

judgment dt.15.06.2016 permitted the writ petitioners to approach the competent authority to ventilate their

grievances under Industrial Disputes Act, 1947. While disposing of the writ petition, the learned Single Judge

directed that the worker may be permitted to continue in the same manner as she was being engaged. It was also

directed that incase the Management is considering any temporary appointment,the worker shall also be considered,

with due preference towards experience and if necessary granting relaxation in the upper age limit. The

Management filed W.A. no.1759/2016 and the Division Bench of the Hon'ble High Court of Kerala in its judgment

dt.10.01.2017 allowed the appeal by deleting that portion of the directions contained in the judgment of the learned

Single Judge. A copy of the judgment in W.A.no.1759/2016 is produced and marked as Exbt.M2. The disengagement

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THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

of the claimant wasnot to accommodate any other person and therefore there is absolutely no illegality or arbitrariness

in disengaging the service of the worker. There is absolutely no unfair labour practice on the part of the Management

and she had not worked continuously to seek any relief U/s 25B of the Industrial Disputes Act, 1947. The wages were

paid for the days for which the worker was engaged. The question of regularizing the services of the worker or

granting any relief does not arise especially in the absence of any statutory provision and also in the light ofthe

decision of the Hon'ble Supreme Court of India in State of Karnataka Vs UmaDevi, 2006 (4) SCC 1. No

retrenchment occurred since the worker was neither appointed nor terminated under any statutory rules or instructions.

The recruitment of class III and class IV staff in the Management Corporation is being made as per the provisions of

Life Insurance Corporation Recruitment (of class III and class IV staff) Instructions, 1993 effective from 25.02.1993.

The said instructions superseded the Recruitment Instructions of 1979. These recruitment rules have been held to be

statutory rules having overriding force over the Industrial Disputes Act by the Hon'ble Supreme Court in Life

Insurance Corporation of India Vs Asha Ambedkar, AIR 1994 SC 2148. Recruitment rules envisage the normal

mode of recruitment by inviting applications through advertisement in local newspapers and where the appointments

are temporary, the appointment is done by inviting applications through Employment Exchanges. The requisites of

employment, the incidents of service, the process of selection and the pattern of remuneration are all vastly

dissimilar in the case of regular employment and temporary employment. An engagement on daily wage basis is not

envisaged to ripen into a regular employment. The provisions of Industrial Disputes Act, 1947 havebeen overridden

by the Life Insurance Corporation of India (Staff) Regulations 1960, Life Insurance Corporation of India

(Employment of Temporary Staff)Instructions, 1993 and Life Insurance Corporation of India (Recruitment of Class

III and Class IVStaff) Instructions 1993. The engagement of the worker was not according to any of the above

statutory provisions or instructions. The provisions of Industrial Disputes Act,1947 are not applicable to worker in

respect of matters covered by Sec 48(2) (cc) of the LIC Act, 1956. The worker was not retrenched as provided in Sec

25F of the Industrial DisputesAct as the worker wasnot governed by Regulation 8 of Life Insurance Corporation of

India (Staff) Regulations 1960 or Life Insurance Corporation of India (Employment of Temporary Staff) Instructions,

1993 or any other statutory rules or instructions. Once Sec 2(oo) of the Industrial Disputes Act is not attracted, there

is no question of application of Sec 25F.

3.

During the pendency of these proceedings, the worker filed an I.A. no.78/2017 praying that she may be

reinstated in the service of the Management w.e.f.07.08.2015 with back wages and other benefits. The Management

objected to the above application and therefore it was decided that the issue can be heard along with the industrial

dispute. The Management filedI.A. no.139/2019 pleading that the issue of maintainability may be heard as a

preliminary issue. The prayer of the Management was seriously objected to by the worker. Hence it was decided that

the question of maintainability also will be decided as a preliminary issue while disposing of the industrial dispute.

4.

On completion of the pleadings, the worker examined herself as WW1 and marked Exbts.W1 to W18. The

Managementdid not examine any witness. However Exbts.M1 and M2 were marked by consent.

5.

On completion of pleadings the following issues are framed for consideration in the proceedings

1. Whether the industrial dispute is maintainable ?

2. Whether the worker is entitled to reinstatement in the service of the Management with back wages

and other related benefits ?

3. Whether theworker is entitled for regularization in the service of the Management in the permanent

perennial post in which she was working ?

4. Relief and cost ?

6.

Issue no.1

According to the learned Counsel for the Management, the Management Corporation is established U/s 3 of the LIC

Act, 1956. U/s 23 of the Act, the Corporation is entitled to employ such number of persons as it thinks fit for the

purpose of enabling it to discharge its functions. As per Sec 48 of the Act, the Central Govt may make rules to carry

out the purpose of the Act. Sec 49 of the Act provides that the Management may with the previous approval of the

Central Govt, make regulations which are not inconsistent with the Act and Rules. In exercise of powers U/s 49 of

the Act, the Management in the year 1960 made Life Insurance Corporation of India (Staff) Regulations 1960. Life

Insurance Corporation Act was amended in the year 1981. It was stipulated that the provisions of clause (cc) and sub-

sec 2B and rules made under clause (cc) shallhave effect and any such rule made with retrospective effect from any

date shall also be deemed to have the effect from that date notwithstanding any judgment, decree or order of any

Court, Tribunal or authority and notwithstanding anything contained in the Industrial Disputes Act, 1947. The

Hon'ble Supreme Court while defining the scope of the above amendment in A. V. Nachane and another Vs UOI,

AIR 1982 SC 1126 held that in respect of matters covered by the rules, the provisions of the Industrial Disputes Act

or any other law will not be operative.

7.

According to the learned Counsel for the worker, there is no conflict between the provisions of Industrial

Disputes Act and the provisions of LIC Act rules, regulations and instructions. According to him the provisions of

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1369

Industrial Disputes Act are attracted in this case. He pointed out that even as per the observations of the Hon'ble

Supreme Court, the question of giving preference to the provisions of LIC Act and regulations will come only when

there is conflict with respect of provisions of Industrial DisputesAct. He further pointed out that application of the

provisions of Industrial Disputes Act is not completely taken away with regard to the appointments and service

conditions of employees appointed in Life Insurance Corporation.

8.

In the present case, the worker is engaged by the Management w.e.f. 23.10.2008 as a part-time sweeper.

This fact is not disputed by the learned Counsel for the Management. It is also seen that as per Exbt.W16, the

statement of badali’s/sweepers doing cleaning work prepared by the Management, Ernakulam Division that the

worker was engaged w.e.f. 23.10.2008. According to the learned Counsel for the worker, she continued in the service

of the Management in the same capacity till 07.08.2015. The documents Exbts.W14 to W18 and Exbts.W12 Series

support the claim of the worker. The worker as WW1 also deposed in this proceedings that she continued to work

with the Management till 07.08.2015. TheManagement could not discredit the evidence of the worker in this regard.

According to the learned Counsel for the Management, the worker is not engaged under any of the rules or

regulations. According tothe learned Counsel for the worker, the Management engaged her services for years

together and therefore they cannot claim that the worker is not entitled for the benefits under the Industrial Disputes

Act. It is true that the Management can appoint persons on temporary basis for limited period. Sec 23 of the LIC

Act provides that the Management may employ such number of persons as it thinks fit for the purpose of enabling it

to discharge its functions. Sec 48 deals with powers to make rules including the rules relating to the terms and

conditions of service of employees and agents of the Management. Sec 49 empowers the Management to make

regulations with the previous approval of Central Govt not inconsistent with Act and rules made thereunder to

provide for all matters for the purposes of giving effecttothe provisions of the Act. Regulation 8 deals with temporary

staff. Regulation 8(1) states that notwithstanding anything contain in these regulations the authorities mentioned

therein may employ staff in class III and class IV on a temporary basis subject to such general or special directions as

may be issued by the Chairman from time to time. Sub regulation 2 to regulation 8 states that no person appointed

under sub regulation 1 shall only by reasonof such appointment be entitled to absorption in the service

oftheCorporation or claim preference for recruitment to any post.

9.

Another issue argued by the learned Counsel for the Management is that in view of regulations 8, the

provisions of Industrial DisputesAct is not applicable to the matters covered by Sec 48(2)(cc) of the Life Insurance

Corporation Act. The learned Counsel for the Management relied on the decision of the Hon'ble Supreme Court of

India in A. V.Nachane and another Vs UOI and another, 1982 AIR 1126 wherein the Hon'ble Supreme Court held

that “ In the instant case Sec 48(2C) read with Sec 48(2)(cc) authorises the Central Govt to make rules to carry out

the purposes of the Act notwithstanding the Industrial Disputes Act or any other law. This means that in respect of

the matters covered by the rules the provisions of the Industrial DisputesAct or any other law will not be

operative". The Hon'ble Supreme Court was examining the issue in an altogether different set of facts and was

examining whether the Amendment Act of 1981 laid down any legislative policy or furnish any guidelines to

indicate the nature and extent of the modifications that the rules will be permitted to make in the existing laws to carry

out the purposes of the Life Insurance Corporation Act, 1956 as amended in 1981. The learned Counsel also relied

on the decision of the Hon'ble Supreme Court in M. Venugopal Vs Divisional Manager, Life Insurance

Corporation of India, Machilipatnam, AIR 1994 SC 1343 wherein the Hon'ble Supreme Court held that the

amendments introduced in Sec 48 of Life Insurance Corporation Act have clearly excluded the provisions of the

Industrial Disputes Act so far they are in conflict with the rules framed U/s 48(2)(oo). The Apex Court further

held that once Sec 2(oo) is not attracted, there is no question of application of Sec 25F on the basis of which the

termination of the service of the appellant can be held to be invalid. In the above case also the facts are entirely

different. That was a case wherein the probation of an Officer of the Corporation was not confirmed since he failed

to achieve the targets fixed during probation. It is to be pointed out that in both the above cases the Hon'ble Supreme

Court has held that the exclusion of the provisions of Industrial DisputesAct is applicable only in respect of the

matters covered by the rules or when there is conflict with the rules framed U/s 48(2)(cc). In the present case

admittedly the worker is not appointed under regulation 8 of Life Insurance Corporation of India (Staff) Regulations,

1960 and Life Insurance Corporation of India (Employment of Temporary Staff) Instructions, 1993 or Life Insurance

Corporation of India (Recruitment for Class III and Class IV Staff) Instructions 1993. Also there is no conflict

between the provisions of Life Insurance Corporation Act Regulations and Industrial Disputes Act. The learned

Counsel for the worker relied on the decision of the Hon'ble Supreme Court in Tamil Nadu Terminated Full

Time Temporary LIC Employees Association Vs Life Insurance Corporation of India and others, 2015 KHC

4225. This is a case where temporary employees appointed by the Life Insurance Corporation challenged the validity

of regulation 8 of Life Insurance Corporation of India (Staff) Regulations, 1960. A full bench of the Hon'ble High

Court of Madras held that regulation 8 is applicable to the temporary employees and also held that sub clause b of

Sec 2(oo) of the Industrial Disputes Act is valid and it does not run counter to the provisions of Sec 25F, 25G and

25H of the Industrial Disputes Act. It was also held that the applicability of the Industrial disputesAct is excluded

from the field covered by Sec 48(2) of the Life Insurance Corporation Act. The Hon'ble Supreme Court of India

after examining the history of the legislation and also the legal authorities on the point reversed the judgment of the

Division Bench of the Hon'ble High Court of Madras upholding the award of regularization passed by the Central

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THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

Government Industrial Tribunal. In this case, when the worker moved the Hon'ble High Court in W.P.(C)

no.17594/2015, the Management in their written statement at paras 5 and 11 has taken a specific contention that “ if

the petitioners have got a case that the Corporation is resorting to any unfair labour practice or violated any

provisions of Industrial Disputes Act, then it has became necessary to work out their remedy under the Industrial

Disputes Act and not to invoke the writ jurisdiction under Article 226 of the Constitution of India ”. Further in Para

5 of the written statement it is stated that “violation of various provisions of the Industrial Disputes Act cannot be

considered in a writ petition since the petitioners have effective alternate remedy against the dispute under the

provisions of the Industrial Disputes Act ”. On the basis of the above contentions the Hon'ble High Court held that

“When the petitioners are raising their claims under the provisions contained in the ID Act and the respondents also

submit that the remedy is under the ID Act, and when there is a statutory forum to adjudicate their claims under ID

Act, there is no meaning in keeping the writ petition pending before this Court. Petitioners are free to approach the

competent authority to ventilate their grievance, as provided under the ID Act ”. This is not challenged by the

Management in W.A.1759/2016. The Management cannot take a conflicting stand on the question of maintainability

before the Hon'ble High Court of Kerala and before this Tribunal.

In thelight of the above discussionsand inview of the legal position settled as per the above authorities, I am

of the view that the facts and circumstances involved in this case attracted provisions of Industrial Disputes Act,

1947 as there is no conflict between the said Act and Rules and Regulations under the Life Insurance Corporation

Act, 1956.

10.

The learned Counsel for the Management also argued that in view of the decision of the Hon'ble Supreme

Court of India in State of Karnataka Vs Uma Devi, 2006 (4) SCC 1, in the absence of any statutory provision it

is not possible to regularize the service of the worker. The learned Counsel for the worker pointed out that the law

laid down by the Hon'ble Supreme Court in Uma Devi’s case (Supra) is not applicable to cases coming under the

Industrial Disputes Act. The Hon'ble Supreme Court of India clarified the above position in Maharashtra State

Road Transport and another Vs Casteribe Rajaya Parivahan Karmachari Sanghatana, 2009 8 SCC 556 the

Hon'ble Supreme Court held that the application of Industrial DisputesAct is not at all considered by the

Constitution Bench and therefore it was held that the dictum laid down by the Supreme Court is not applicable to

cases coming under Industrial Disputes Act. In Ajaypal Singh Vs Haryana Warehousing Corporation,(2015) 6

Supreme Court Cases 321 the Hon’ble Supreme Court considered the decision in Uma Devi’s case (Supra) and held

that ;

“17.

In Uma Devi’s case, (3) this Court held that adherence to the rule of equality in public

employment is a basic feature of our Constitution and since rule of law is a core of our

Constitution, a Court would certainly be disabled from passing an order upholding a violation of

Article 14 or in ordering the overlooking of the need to comply with the requirements of Article

14 read with Article 16 of the Constitution of India. The provisions of the Industrial Disputes Act

and powers of the Industrial and Labour Court provided therein were not at all under

consideration in Uma Devi’s case (3). The issue pertaining to unfair labour practice was neither

the subject matter for decision nor was decided in Uma Devi’s case.

18.

We have noticed that Industrial Dispute Act is made for the settlement of industrial disputes and

certain other purposes as mentioned therein. It prohibits unfair labour practice on the part of the

employer in engaging employees as casual or temporary employees for long period without

giving them the status and privilege of permanent employees.

19.

Sec 25F of the Industrial Disputes Act, 1947 stipulates conditions precedent for retrenchment of

workmen. A workman employed in any industry who has been in continuous service for not less

than one year under an employer is entitled to benefit under the said provisions if the employer

retrenches the workman. Such a workman cannot be retrenched until he/she is given one month

notice in writing indicating the reasons for retrenchment and the period of notice has expired or

the workman has been paid in lieu of such notice wages for the period of the notice apart from

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. It also mandates the employer to

serve a notice in the prescribed manner on the appropriate Govt or such Authority as may be

specified by appropriate Govt by notification in the official Gazette. If any part of the provisions

of Sec 25F is violated and the employer there by, resorts to unfair trade practice with the object

to deprive the workman with privilege as provided under the Act, the employer cannot justify

such an action by taking a plea that the initial appointment of the employee was in violation of

Articles 14 & 16 of the Constitution of India.

(20) - - - - - - - - - - - -

(21) - - - - - - - - - - - - -

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1371

Para 22. It is always open to the employer to issue an order of “retrenchment“ on the ground that

the initial appointment of the workman was not in conformity with Article 14 &16 of the

Constitution of India or in accordance with rules. Even for retrenchment for such ground, unfair

labour practice cannot be resorted to and thereby the workman cannot be retrenched on such

ground without notice, pay and other benefits in terms of Sec 25F of the Industrial Disputes Act,

1947, if continued for more than 240 days in a calendar year”.

The above decisions was also quoted with approval by the Hon’ble Supreme Court in Durgapur Casual

Workers Union and others Vs Food Corporation of India and others, (2015) 5 SCC 786. The Hon’ble Court held

that an undertaking of the government which comes within the meaning of ‘industry’ or its establishment cannot

justify its illegal action including unfair labour practice nor can ask for different treatment on the ground that public

undertaking is guided by Articles 14 &16 of Constitution of India and the private industries are not guided by 14 &16

of the Constitution. In Umrala Grama PanchayatVs Secretary, Municipal Employees Union, 2015 12 SCC 775

the Hon’ble Supreme Court directed that the services of the workmen in that case be regularized and made

permanent since they worked for more than 240 days in a calendar year.

Taking into account all the facts and legal position as discussed above, I am of the considered view that the present

industrial dispute is maintainable. Hence the issue is decided in favour of the worker and against the Management.

11.

Issue no.2 & 3

According to the learned Counsel for the Management, the worker was engaged on daily wage basis as a casual labour

w.e.f. 23.10.2008 and she was not a temporary sweeper as claimed by her. Her services was not uninterrupted or

continuous as contemplated U/s 25B of Industrial Dispute Act, 1947. The worker was doing the work on need basis

and her engagement not through any regular recruitment process. The worker was disengaged when the Management

felt the services of the worker is no more required. The disengagement of the worker was not to accommodate any

other person and therefore there is absolutely no illegality or no arbitress having disengage the services of the worker.

The learned Counsel also pointed out there is no unfair labour practice on the part of the Management as defined

under schedule 5 of the Industrial Disputes Act. It was also pointed out that she cannot claim any relief U/s 25F, as

she was not having continuous service as defined U/s 25B of the Act.

12.

The learned Counsel for the worker argued that the worker has been working as a temporary sweeper on

daily wages against permanent and perennial post. She was working continuously from 23.10.2008 and she has

rendered continuous service U/s 25B of the Industrial Disputes Act. According to the Counsel, the services of the

worker was orally terminated w.e.f. 07.08.2015 as a measure of victimization and she approached the Hon'ble High

Court of Kerala for regularization of her service with the Management. According to him, the Management resorted

to unfair labour practice U/s 2(ra) and had committed offence under items 5 and 10 of schedule 5 of the Industrial

DisputesAct, 1947. The unlawful retrenchment of the worker w.e.f. 07.08.2015 falls under item 5 of Sec 2(ra) unfair

labour practice. According to the learned Counsel, the worker is entitled for reinstatement and regularization in the

service of the Management. From Exbt.W16, the statement of badali’s (sweepers doing cleaning work) and daily

wagers, it is seen that the worker was engaged by the Management w.e.f. 23.10.2008 and from Exbt.W12(a to g), it is

seen that the worker worked with the Management till 31.07.2015. The learned Counsel for the Management

submitted that from the documents produced by the worker,it is not established that she worked continuously for 240

days prior to her termination on 07.08.2015. The Exbt.W17 Series of documents produced by the worker are monthly

statements of temporary badalis and daily wagers working at Life Insurance Corporation of India, Ernakulam

Division, Thripunithura branch from 04/2015 to 06/2015. These documents will not conclusively prove that the

worker was engaged during the relevant point of time. However the Exbt.W12 Series of vouchers, for having

received payment by the worker, would establishe the fact that the worker worked from 04/2015 to 31.07.2015.

According to the learned Counsel for the Management, this evidence will not satisfy the requirement of continuous

service U/s 25B of the Act. According toSec 25B

“1. a workman shall be said to be in continuous service for a period if he is for that period, in

uninterrupted service including service which may be interrupted on account of sickness or

authorized leave or an accident or a strike which is not illegal or a lockout or cessation of work

which is not due to any fault on the part of the workman.

2.

where a workman is not in continuous service within the meaning of clause 1 for a period of one

year or 6 months, he shall be deemed to be in continuous service under the employer for a period of

one year, if the workman during a period of 12 calendar months preceding the date with reference to

which calculation is to be made, has actually worked under the employer for not less than

I. ……

II. 240 days in any other case. “Hence to get the benefit of continuous service U/s 25B of the Industrial

Disputes Act the worker ought to have worked with the Management for 240 days during a period of 12

calendar months preceding 07.08.2015. The evidence produced by the worker in this case is not

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[PART II—SEC. 3(ii)]

sufficient to meet the above requirement. The learned Counsel for the worker pointed out that the

worker produced all the documents at her possession to substantiate the claim that she worked for more

than 240 days during the preceding 12 months before her termination. However the Management failed

to rebut her claim by producing any documents in their custody. The learned Counsel for the worker

relied on the decision of the Hon'ble Supreme Court of India in Director, Fisheries Terminal Division

Vs Bhikubhai Meghajibhai Chavda, 2010 KHC 6126 to argue that once the worker discharged her

responsibility by producing the documents at her command, the burden shifts to the Management to

prove that she has not worked for more than 240 days as required U/s 25B of the Act. In the above case

the workman was a watchman who was paid daily wages and whose presence were marked in the

Muster Roll. According to the Management the workman worked from 1986 till 1988 and during this

period the workman had worked for 93 days, 145 days and 31 days respectively. According to them the

workman had not worked for more than 240 days in the preceding year. The Hon'ble Supreme Court

relying on the decision in R. M. Yellatty Vs Assistant Executive Engineer, 2006 1 SCC 106 held that

“The respondent was a workman hired on daily wage basis. So it is obvious, as this Court pointed

out in the above case that he would have difficulty in having access to all the above documents,

Muster Roll etc., in connection with his service. He came forwarded and deposed, so in our opinion

the burden of proof shift to the employer/appellant to prove that he did not complete 240 days of

service in the requisite period to constitute continuous service “.

13.

In the present case also it is seen that the worker was examined as WW1 and she stated in her evidence that

she worked with the Management from 2008 to 2015. However she could produce supporting documents only for the

year 2015. The learned Counsel relied on the decision of Gauri Shankar Vs State of Rajasthan, 2015 12 SCC 754.

In the above case, the workman was working with the respondent and his case was that he was appointed against a

permanent and sanctioned post w.e.f. 01.01.1987 till his services came to be retrenched and he had rendered service of

more than 240 days in every calendar year and has received salary from the respondent department each month. The

workman challenged the retrenchment as bad in law as the same is in violation of Sec 25F, 25G, 25H, 25T and 25U of

the ID Act. The workman applied for production of the Muster Roll and the management failed to produce the

relevant Muster Rolls. The Hon’ble Supreme Court relying on its earlier decisions in Gopal Krishna G Ketker Vs

Muhammed Haji Latheef, AIR 1968 SC 1413 and Murukesam Pillai Vs Manikyavasaka Pandara, 1917 5 LW

759 held that even if the burden of proof does lie on a party, the Court can draw an adverse inference if he withholds

important documents in his possession which can throw light on the facts of issue. The learned Counsel for the

workman also relied on the decision of the Hon’ble Supreme Court in Sriram Industrial EnterprisesLtd Vs Mahak

Singh and others, 2007 4 SCC 94, wherein the Hon’ble Supreme Court held that when the workman discharged their

initial onus by producing the documents in their possession it is the responsibility of the management to disprove the

claim of the workman that he did not work for more than 240 days with the management one year immediately prior

to his/her termination. In this case there is no dispute regarding the fact that the worker was engaged as a daily

wagerw.e.f. 23.07.2008. There is also no dispute with regard to the fact that her services were orally terminated w.e.f.

07.08.2015. The documents discussed above will substantiate the above points. The worker also produced evidence

to show that she was paid wages against voucher from 04/2015 to 31.07.2015. She also entered the box and deposed

that she worked with the Management continuously from 2008 to 2015. Hence it can safely be considered that the

worker had discharged her responsibility of proving that she worked for more than 240 days in one year prior to her

date of termination. In such circumstances as per the law laid down by the Hon'ble Supreme Court on the issue, it is

possible to draw an adverse inference that she worked for more than 240 days in view of the fact that the Management

failed to produce any documents to disprove her claim that she worked continuously for more than 240 days in one

year prior to the date of her termination.

Hence from the facts and law discussed above, it is concluded that the worker had rendered continuous

service of 240 days making her eligible for the benefits U/s 25F of the industrial dispute Act.

14.

The learned Counsel for the Management argued that the worker in the present case is only a casual

employee on daily wages and therefore she is not entitled to claim the benefits U/s 25F of the Industrial Disputes Act.

The learned Counsel for the worker argued that the nature of employment of the worker will not any way affect her

claim for reinstatement and regularization. The Hon'ble High Court of Kerala in SreekumarK. Vs

ManagingDirector, KTDC Ltd, 2019 1 KHC 225 held that the definition in Sec 2(S) of Industrial Disputes Act

includes casual employees also. The Hon'ble High Court held that

“Para 18. From this it is quiet evident that the definition of the term ‘workman’ U/s 2S of the Industrial

Disputes Act includes a casual employee as well and hence the decision cited (Supra) (in the context

governed by the provisions of the Workmen’s Compensation Act) is not at all attracted to the case in

hand ”

15.

The Management has no case that they followed the procedure prescribed U/s 25F of the Industrial Disputes

Act while terminating the worker. In view of the above, it is clear that the Management terminated the services of the

worker in clear violation of the provisions of Sec 25F of the Industrial Disputes Act.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1373

16.

Considering all the facts, pleadings and evidence in this case, I am inclined to hold that the retrenchment of

the worker from the service of the Management is abinitio void and is in violation of Sec 25F of Industrial Disputes

Act, 1947.

17.

Issue no.4

According to the learned Counsel for the Management, the worker was only a casual employee and was paying only

for the days when she worked for the Management. It was also pointed out that she was not working against any

permanent or perennial post in the Management. According to the learned Counsel for the worker, once this Tribunal

found that the termination of the worker was illegal, she is entitled for reinstatement in service with full back wages.

The learned Counsel for the Management pointed out that being a casual employee, the worker is not entitled for

regularization considering the spirit of the decision of the Hon'ble Supreme Court in State of Karnataka Vs Uma

Devi (Supra). The Hon'ble Supreme Court of India in State of Uttarakhand and others Vs Rajkumar, 2019 1 LLJ

513 SC relying on its earlier decisions of BSNLVs Bhurumal, 2014 7 SCC 177 and District DevelopmentOfficer

and another Vs SatishKantilal Amerelia, 2018 12 SCC 298 held that in the circumstances of that case it would be

just and proper and reasonable to award lumpsum monetary compensation to the workman in full and final satisfaction

of his claim for reinstatement and other consequential benefits. The Hon'ble Supreme Court has laid down the law on

the subject in BSNL case (Supra) as follows

“Para 33. It is clear from the readings of the aforesaid judgments that the ordinary principle of grant of

reinstatement with full back wages, when the termination is found to be illegal is not applied mechanically in

all cases. While that may be a position where services of a regular/permanent workmen are terminated

illegally and/or malafide and/or by way of victimization, of unfair labour practice, etc. However when it

comes to the case of termination of a daily wage worker and where the termination is found illegal because

of a procedural defect, namely, in violation of Sec 25F of the Industrial Disputes Act, this Court is consistent

in taking the view that in such cases reinstatement with back wages is not automatic and instead the

workman should given monetary compensation which will meet the ends of justice. Rationale for shifting in

this direction is obvious.

Para 34. The reasons for denying the relief for reinstatement in such cases are obvious. It is trite law that

when the termination is found to be illegal because of non payment of retrenchment compensation and notice

pay as mandatorily required U/s 25F of the ID Act, even after reinstatement, it is always open to the

management to terminate the services of that employee by paying him the retrenchment compensation. Since

such a workman was working on daily wage basis and even after he is reinstated he has no right to seek

regularization [see State of Karnataka VsUmaDevi (3)]. Thus when he cannot claim regularisation and he

has no right to continue even as a daily wage worker, no useful purpose is going to be served in reinstating

such a workman and he can be given monetary compensation by the Court itself in as much as if he is

terminated again after reinstatement, he would receive monetary compensation only in the form of

retrenchment compensation and notice pay. In such a situation giving the relief of reinstatement, that too

after a long gap, would not serve any purpose.

Para 35. We would however, like to add a cavate here. There may be cases where termination of daily wage

worker is found to be illegal on the ground that it was resorted to as unfair labour practice or in violation of

the principles of last come first go viz. while retrenching such a worker daily wage juniors to him were

retained. There may also be a situation that persons junior to him were regularized under some policy but the

workman concerned terminated. In such circumstances, the terminated worker should not be denied

reinstatement unless there are some other weighty reasons for adopting the course of grant of compensation

instead of reinstatement. In such cases reinstatement should be the rule and only in exceptional cases, for the

reasons stated to be in writing, such relief can be denied ”

The learned Counsel for the worker on the other hand relied on the decisions of the Hon’ble Supreme Court

in Jasmar Singh Vs +State of Haryana and other, 2015 4 SCC 458 and argued that the worker is entitled

for reinstatement with full back wages since the order of termination was void abinitio. The Hon’ble

Supreme Court in the above case relied on the following observation of the court in Deepali Gundu

Surwase Vs KrantiJunior Adyapak Mahavidyalaya,2013 10 SCC 324 to hold that when the termination

is found to be illegal, the workman is entitled for reinstatement with back wages.

“ Para 22. The very idea of restoring an employee to the position which he held before dismissal or removal

or termination of service implies that the employee will be put in the same position in which he would have

been but for the illegal action taken by the employer. The injury suffered by a person who is dismissed or

removed or is otherwise terminated from service cannot easily be measured in terms of money. With the

passing of an order which has the effect of severing the employer-employee relationship, the latter’s source

of income gets dried up. Not only the employee concerned but his entire family suffers grave adversities.

They are deprived of the source of sustenance. The children are deprived of nutritious food and all

opportunities of education and advancement in life. At times, the family has to borrow from relatives and

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[PART II—SEC. 3(ii)]

other aquittance to avoid starvation. These sufferings continued till the competent adjudicatory forum

decides on the legality of the action taken by the employer. The reinstatement of such an employee, which is

preceded by a finding of the competent judicial/quasi judicial body or Court that the action taken by the

employer is ultravires the relevant statutory provisions or the principles of natural justice, entitles the

employee to claim full back wages. If the employer was to deny back wages to the employee, or contesting

his entitlement to get consequential benefits then it is for him/her to specifically plead and prove that during

the intervening period the employee was gainfully employed and was getting the same emoluments. The

denial of back wages to an employee who has suffered due to an illegal act of the employer would amount to

indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation

to pay back wages including the emoluments”.

In the above case, the Hon’ble Supreme Court was considering the case of a workman working as a daily

paid worker in the office of Sub Divisional Officer (Karnal) for more than 240 days.

18.

In the present case it is seen that the worker was engaged as a daily wage employee and she worked

continuously for more than 240 days one year before her termination. Though the worker claimed unfair labour

practice the same is not proved. The Management has no case that the worker was gainfully engaged during the period

of termination. Hence this is a fit case where the dictum laid down by the Hon'ble Supreme Court in The State of

Uttarakhand Vs Rajkuamr (Supra) is squarely applicable. It is seen that the worker was engaged on daily wage

basis and she is around 45 years of age. The worker also failed to establish the allegations of unfair labour practice

against the Management. In the circumstances of this case, it would be just and proper and reasonable to award

lumpsum monetary compensation to the worker in full and final satisfaction of her claim of reinstatement and other

consequential benefits. It is seen that the worker was working on a daily average wage of Rs.100/- when her services

were terminated. It is seen from Exbt.W13 that the wages of daily wagers is increased to Rs.300/- w.e.f. 01.08.2012.

If she is reinstated in service with full back wages, she will be entitled for an approximate back wages of

Rs.4,50,000/-(Rupees Four lakhs fifty thousand only). Taking into account of these facts, it is felt that interest of

justice will be met if the Management is directed to pay a lumpsum monetary compensation of Rs.5,00,000/- (Rupees

Five lakhs only) to the worker in full and final settlement within one month from the notification of the award.

Hence an award is passed holding that the termination of the worker from the service of the Management

w.e.f. 07.08.2015 is illegal, unjust and abinitio void. She is entitled for a lumpsum monetary compensation of

Rs.5,00,000/- (Rupees Five lakhs only) in lieu of full back wages and other consequential benefits.

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 25th day of April, 2022.

V. VIJAYA KUMAR, Presiding Officer

APPENDIX

Witness for the Workman:-

WW1

-

Smt.Dimple Baby @ Dimple K., dt.21.05.2019

Witness for the Management:-Nil

Exhibits for the Workman:-

W1

-

True copy of the pre-degree mark list dt.14.06.1996 of the worker

W2

-

True copy of the certificate of Computer Diploma dt.07.11.2002 of the worker

W3

-

True copy of the SSLCcertificate dt.30.03.1994 of the worker

W4

-

True copy of Bio-data and application dt.29.04.2015 sent to the Management by the worker

W4(a) -

True copy of Postal receipts of applications (2 in numbers)

& (b)

dt.29.04.2015 sent by the worker to the Management

W5 - Copy of Memorandum of writ petition dt.09.06.2015 filed by the worker and another in W.P.(C)

no.17594/2015 before the Hon'ble High Court of Kerala

W6

-

Copy of judgment dt.15.06.2016 of the Hon’ble Single Judge in W.P.(C) no.17594/2015

W7

-

Copy of the Memorandum of writ appeal W.A.no.1759/2016 file by the Management before the

Hon'ble High Court of Kerala

W8

-

Copy of I.A. no.13149/2015 dt.11.09.2015 filed by the worker and another in W.P.(C) no.17594/2015

before the Hon'ble High Court of Kerala

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1375

W9

-

Copy of counter affidavit dt.02.11.2015 filed by the Management in the above W.P.(C) no.17594/2015

before the Hon'ble High Court of Kerala

W10

-

Copy of reply affidavit filed by the worker and another in W.P.(C) no.17594/2015

W11

-

Copy of judgment dt.07.03.2017 of the Division Bench of the Hon'ble High Court of Kerala against the

judgment in W.A.no.1759/2016 dt. 10.01.2017

W12

-

Copy of the certain numbers of receipts of wages issued to the (a) to (g) petitioner by the Management

on different dates

W13

-

Software copy of the letter showing the increase in wages dt. 30.08.2012

W14

-

True copy of monthly statistics of daily wagers dt.29.10.2013 sent by 3rdManagement to the superiors

W15(a) -

Copy of statement of daily wages dt.29.03.2014 sent by the 4th Management to the superiors

W15(b) -

Copy of statement of daily wages dt.29.03.2014 sent by the 4th Management to the superiors

W16

-

Copy of statement of daily wages dt.02.05.2015 sent by the 4th Management to the superiors

W17

-

Copy of statement of daily wages dt.01.06.2015 sent by the 4th

Series

Management to the superiors

W18

-

Copy of statement of daily wages dt.02.06.2015 sent by the 4th Management to the superiors

Exhibits for the Management:-

M1

-

True copy of the letter of delegation of powers in favour of Manager(L&HPF) executed by the Zonal

Manager, Management

M2

-

True copy of judgment dt.10.01.2017 of the Division Bench of the Hon'ble High Court of Kerala in

W.A. no.1759/2016 against the judgment in W.P.(C) no.17594/2015 dt.15.06.2016

नई दिल्ली, 12 िुलाई, 2022

का.आ. 666.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार लाइफ इन्सुरेंस कॉृोरेिन ऑफ़ इंजड ा के प्रबंितंत्र के संबद्ध जन ोिकों और श्री अरुणकुमार, एनाजकुलम के बीच

अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , एनाजकुलम ृंचाट (संिभज

सं्‍ ा (03/2017) को प्रकाजित करती िज।

[सं. Z-16025/04/2022-IR(M)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 666.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 03/2017) of the Central Government Industrial Tribunal/Labour

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

management of Life Insurance Corporation of India and Shri Arunkumar, Ernakulam.

[No. Z-16025/04/2022-IR(M)]

D.GUHA, Under Secy.

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[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.

(Monday the 25th day of April 2022, 5 Vaisakha1944)

ID No.3/2017

Workman/Union :

Sri.Arunkumar P.S.

Pattarumadathil House

Aikaranadu North Village

Kadayiruppu P.O.

Kolencherry

Ernakulam – 682311

By Adv.P. S. Ramachandran Pillai

Managements :

1. The Chairman

Life Insurance Corporation of India

Yogakshema Jeevan Bheema Marg

Mumbai – 400021

2. The Senior Divisional Manager

Life Insurance Corporation of India

M.G. Road

Ernakulam – 682011

3. The Senior Branch Manager

Life Insurance Corporation of India

Thripunithura Ernakulam – 682301

4. The Branch Manager

Satellite Branch

Life Insurance Corporation of India

Kolencherry

Ernakulam - 682311

By Adv.R. S. Kalkura

This case coming up for final hearing on 17.01.2020 and 25.02.2021 andthis Industrial Tribunal-cum-

LabourCourt on 25.04.2022 passed the following:

AWARD

1.

Present claim is filed U/s 2A(2) of the Industrial Disputes Act, 1947. Theworkman has been working as a

temporary Assistant on daily wages against permanent perennial post in the Kolencherry Satellite Branch of the

ManagementLife Insurance Corporation continuously from 23.10.2008. Theworkmanhad been put in an uninterrupted

and continuous service under the Management from 23.10.2008 on daily wages and his service comes under the

definition of Continuous Service U/s 25B of the Industrial Disputes Act, 1947. The workmanrequested the

Management toregularizehis service in the permanent post of sweeper. The Management never responded to the

request. The workmanwas being paid a dailywage of Rs.100/-per day which was later enhanced to Rs.300/- per day.

The workman is fully qualified having been passed B.Com Degree in 2nd Class and undergone computer course. He

isalso within the age limit. The request sent by the workman for regularizing hisservice was not responded bythe

Management. In view of the above,workman filed a writ petition before the Hon'ble High Court of Kerala. The

Hon'ble High Court ofKerala directed the workman to exhaust the remediesavailable under Industrial Disputes Act,

1947. During the pendency of the writpetition, the Management retrenched theworkman illegally without complying

the mandates of law w.e.f. 07.08.2015, as a measure of victimization. Since the action of the Management is illegal,

the same is abinitio void. The Management had resorted to unfair labour practice U/s 2(ra) and had committed the

offence under items 5 and 10 of schedule V of Industrial Disputes Act, 1947 for which penalty have to be imposed U/s

25T and Sec 25U ofIndustrial Disputes Act. The illegal retrenchment of theworkmanw.e.f. 07.08.2015is an offence

and it is a victimization fallingunder item 5 of Sec 2(ra) unfair labour practice. The workman is entitled to be

reinstated in service with all back wages and benefits retrospectively. The Hon'ble Supreme Court examined the issues

of similar workers working in Life Insurance Corporation of India and directed the Corporation to

regularizetheworkers with back wages accrued to them. The workman preferred a dispute before the Deputy Labour

Commissioner, Kochi. The dispute was taken for conciliation. Same was not settled due to the non co-operation of

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1377

the Management. Hence the workman prayed that he may be reinstated with back wages and other benefits and to

regularizehim in the permanent and perennial post which he was working.

2.

The Management filed written statement denying the above allegations. Management is a body corporate

constituted and functioning under the Life Insurance Corporation of India Act 1956. Terms and conditionsof

employment in the Management are governed by the Regulations and Instructions having statutory backing. It is well

settled by the decisions of the Hon'ble Supreme Court that the statutory provisions of the Act, Regulations and

Instructions have overriding effect on the provisions of the Industrial Disputes Act,particularlySec 25 of the Act. The

provisionsrelating to retrenchment have been held to be inapplicable to the Management. U/s 23 of the Act,

theCorporation is entitled to employ such number of persons as it thinks fit for the purpose of enabling it to discharge

its functions under the Act. By virtue of Sec 48 of the said Act the Central Govt may, by notification in the Official

Gazette, make Rules to carry out the purpose of the Act and provides for all or any matterspecified in sub-sec 2 of Sec

48. Sec 49 of the Act provides that Corporation may with the prior approval of the Central Govt make Regulations

which are not inconsistent with the Act and Rules made thereunder. In exercise of the powers U/s 49, the Management

had in the year 1960 made regulations known as the Life Insurance Corporationof India (Staff) Regulations, 1960

(hereinafterreferred to as the ‘Staff Regulations’). In the year1981 by the Life Insurance Corporation

(Amendment)Act, 1981, the Act was amended. Consequent to that the power to make rules relating to the terms and

conditions of service of the employees of theCorporation is vested with Life Insurance Corporation

includingthosewho became its employees U/s 11 (1) of the Act. It is stipulated that the provisions of clause (cc) and

sub-sec 2B and any rules made under clause (cc) shall have effect and any such Rule made with retrospective effect

from any date shall also be deemed to have had effect from that date, notwithstanding any judgment, decree or order

of any Court,Tribunal or other authority and notwithstanding anything contained in the Industrial Disputes Act, 1947

or any other law or any agreement, settlement, award or other instrument for the time being in force. The scope of

Amendment Act in so far as the application of the Industrial DisputesAct, 1947 is concerned has been explained by

the Apex Court in A. V. Nachane and another Vs UOI, AIR 1982 SC 1126. Under regulation 8 of the Life

Insurance Corporation of India (Staff)Regulations 1960, notwithstanding anything contained in the regulations, a

Managing Director, an Executive Director (Personnel), a Zonal Manager or a DivisionalManager may employ staff in

class III and class IV on a temporary basis subject tosuch general or special directions as may be issued by the

Chairman of the ManagementCorporation. Further under sub-section 2 of said regulation no person so appointed on a

temporary basis shall only by reason of such appointment be entitled to absorption in the service of the

ManagementCorporation or claim preference for recruitment to any post which has been highlighted in clause 8(1)

and 8(2) of the Life Insurance Corporation of India(Staff)Regulations, 1960. The engagement of the workman was

notthrough any recruitment and/or selection process and not covered by the statutory rules. Theworkmanwas engaged

as a causal labourer. The workman was engaged for carrying out jobs of casual nature, sinceOctober 2011. The

workman was not doing any skilledjob of perennial nature. The workman was never appointed under Life Insurance

Corporation of India(Staff) Rules 1960 or Life Insurance Corporation of India (Employment of Temporary Staff

Instructions) 1993 or any other statutory provision. The workman was not in continuous employment as contemplated

U/s 25B of the Industrial Disputes Act. The engagement of the workman was need based. The workman is not eligible

to claim any regularization as the engagementwas purely on need basis. Theworkman was on daily wage basis and

was at liberty to leave the job at any point of time and there was no bar on him to pursue any other outside

employment. The workman along with another daily wage worker instituted writ petitionas W.P.(C) no.17594/2015

before the Hon'ble High Court of Kerala and the Hon'ble High Court of Kerala videjudgment dt.15.06.2016 permitted

the writ petitioners to approach the competent authority to ventilate their grievances under Industrial Disputes Act,

1947. While disposing of the writ petition, the learned Single Judge directed that theworkman may be permitted to

continue in the same manner as he was being engaged. It was also directed that incase the Management is considering

any temporary appointment,theworkman shall also be considered, with due preference towards experience and if

necessary, granting relaxation in the upper age limit. The Management filed W.A. no.1759/2016 and the Division

Bench of the Hon'ble High Court ofKerala in its judgment dt.10.01.2017 allowed the appeal by deleting thatportion of

the directions contained in the judgment of the learned Single Judge. A copy of the judgment in W.A. no.1759/2016 is

produced and marked as Exbt.M2. The disengagement of the claimant wasnot to accommodate any other person and

therefore there is absolutely no illegality or arbitrariness in disengaging the service of the workman. There is

absolutely no unfair labour practice on the part of the Management and he had not worked continuously to seek any

relief U/s 25B of the Industrial Disputes Act, 1947. The wages were paid for the days for which the workman was

engaged. The question of regularizing the services of the workman or granting any relief does not arise especially in

the absence of any statutory provision and also in the light ofthe decision of the Hon'ble Supreme Courtof India in

State of Karnataka Vs Uma Devi, 2006 (4) SCC 1. No retrenchmentoccurredsince the workman was neither

appointed nor terminated under any statutory rules or instructions. The recruitment of class III and class IVstaff in the

ManagementCorporation is being made as per the provisions of Life Insurance CorporationRecruitment(of class III

and class IV staff)Instructions, 1993 effective from 25.02.1993. The said instructions superseded the Recruitment

Instructions of 1979. These recruitmentrules have been held to be statutory rules having overriding force over the

Industrial Disputes Act by the Hon'ble Supreme Court in Life Insurance Corporation of India Vs Asha Ambedkar,

AIR 1994 SC 2148. Recruitmentrules envisage the normal mode of recruitment by inviting applications through

advertisement in local newspapers and where the appointmentsare temporary, the appointment is done by inviting

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[PART II—SEC. 3(ii)]

applications through Employment Exchanges. The requisitesof employment, the incidents of service, the process of

selection and the pattern of remuneration are all vastly dissimilar in the case of regular employment and temporary

employment. An engagement on daily wage basis is not envisaged to ripen into a regular employment. The provisions

of Industrial DisputesAct, 1947 havebeen overridden by the Life Insurance Corporation of India (Staff)Regulations

1960, Life Insurance Corporation of India (Employment of Temporary Staff)Instructions, 1993 and Life Insurance

Corporation of India(Recruitment of Class III and Class IVStaff)Instructions 1993. The engagement of the workman

was not according to any of the above statutory provisions or instructions. The provisions of Industrial Disputes

Act,1947 are not applicable to workman in respect of matters covered by Sec 48(2) (cc) of the LIC Act, 1956. The

workman was not retrenched as provided in Sec 25F of the Industrial DisputesAct as the workman wasnot governed

by Regulation 8 of Life Insurance Corporation of India (Staff) Regulations 1960 or Life Insurance Corporation of

India (Employment of Temporary Staff) Instructions, 1993or any other statutory rules or instructions. Once Sec 2(oo)

of the Industrial Disputes Act is not attracted, there is no question of application of Sec 25F.

3.

During the pendency of these proceedings, the workman filed an I.A. no.79/2017praying that he may be

reinstated inthe service of the Managementw.e.f. 07.08.2015 with back wages and other benefits. The Management

objected to the above application and therefore it was decided that the issue can be heard along with the industrial

dispute. The Management filedI.A. no.140/2019 pleading that the issue of maintainability may be heard as a

preliminary issue. The prayer of the Management was seriously objected to by the workman. Hence it was decided

that thequestion of maintainability also will be decided as a preliminary issue while disposing of the industrial dispute.

4.

On completion of the pleadings, the workman examined himself as WW1 and marked Exbts.W1 to W18. The

Managementdid not examine any witness, however Exbts.M1 and M2 were marked by consent.

5.

On completion of pleadings the following issues are framed for consideration in the proceedings

1. Whether the industrial dispute is maintainable ?

2. Whether the workman is entitled to reinstatement in the service of the Management with back wages and

other relatedbenefits ?

3. Whether theworkman is entitled for regularization in the service of the Management in the permanent

perennial post in which he was working ?

4. Relief and cost ?

6.

Issue no.1

According to the learned Counsel for the Management, the ManagementCorporation isestablishedU/s 3 of the LIC

Act, 1956. U/s 23 of the Act, theCorporation is entitled to employ such number of persons as it thinks fit for the

purpose of enabling it to discharge its functions. As per Sec 48 of the Act, the Central Govt may make rules to carry

out the purpose of the Act. Sec 49 of the Act provides that the Management may with the previous approval of the

Central Govt, make regulations which are not inconsistent with the Act and Rules. In exercise of powers U/s 49 of the

Act, theManagement in the year 1960 made Life Insurance Corporationof India (Staff)Regulations 1960. Life

Insurance Corporation Act was amended in the year 1981. It was stipulated that the provisions of clause (cc) and sub-

sec 2B and rules made under clause (cc) shallhave effect and any such rule made with retrospective effect from any

date shall also be deemed to have the effect from that date notwithstanding any judgment, decree or order of any

Court,Tribunal or authority and notwithstanding anything contained in the Industrial Disputes Act, 1947. The Hon'ble

Supreme Court while defining the scope of the above amendment in A. V. Nachane and another Vs UOI, AIR 1982

SC 1126 held that in respect of matters covered by the rules, the provisions of the Industrial Disputes Act or any other

law willnot be operative.

7.

According to the learned Counsel for the workman, there is no conflict between the provisions of Industrial

Disputes Act and the provisions of LIC Act rules, regulations and instructions. According to him the provisions of

Industrial Disputes Act are attracted in this case. He pointed out that even as per the observations of the Hon'ble

Supreme Court, the question of giving preference to the provisions of LIC Act and regulations will come only when

there is conflict with respect of provisions of Industrial DisputesAct. He further pointed out that application of the

provisions of Industrial Disputes Act is not completely taken away with regard to the appointments and service

conditions of employees appointed in Life Insurance Corporation.

8.

In the present case, the workman was engaged by the Management w.e.f. 23.10.2008 as a temporary

Assistant. This fact is not disputed by the learned Counsel for the Management. It is seen that the Exbt.W16, the

statement of daily wagers (including watchman) prepared bythe Management, Ernakulam Division that the workman

was engaged w.e.f. 23.10.2008. According to the learned Counsel for the workman he continued in the service of the

Management in the same capacity till 07.08.2015. Exbt.W3 is the bank account of the workman in Punjab National

Bank. Exbt.W3 bank statement shows that the Management was releasing payments to the workman every month

from 07.11.2012. The payment upto 18.06.2015 is reflected in Exbt.W3 bank statement of the workman. Exbt.W4 is a

communication issued by the Ernakulam Division of the Management dt.27.08.2012 communicating the revision of

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1379

wages of daily wagers to Rs.300/- w.e.f. 01.08.2012. Exbt.W5, W6, W7,W17 and W18 are returns of the Management

with regard to monthly statistics of temporary/badali/daily wagers during various spells which shows that the

Management engaged one Assistant at Kolencherry Satellite branch. Exbt.W15 (a to f)are vouchers given by the

workman to the Management for having received wages during various spells in 2015 upto 31.07.2015. All the above

documents supports the claim of the workman that he continued working withthe Management for the period from

23.10.2008 to 31.07.2015. The workman as WW1 also deposed in the proceedings that he continued to work with the

Management till 07.08.2015. The Management could not discredit the evidence of the workman in this regard.

According to the learned Counsel for the Management the workman is not engaged under any of the rules or

regulations. According tothe learned Counsel for the workman, the Management engaged his services for years

together and therefore they cannot claim that the workman is not entitled to the benefits under the Industrial Disputes

Act. It is true that the Management can appoint persons on temporary basis for limited period. Sec 23 of the LIC Act

provides that the Management may employ such number of persons as it thinks fit for the purpose of enabling it to

discharge its functions. Sec 48 deals with powers to make rules including the rules relating to the terms and

conditions of service of employees and agents of the Management. Sec 49 empowers the Management to make

regulations with the previous approval of Central Govt not inconsistent with Act and rules made thereunder to provide

for all matters for the purposes of giving effect tothe provisions of the Act. Regulation 8 deals with temporary staff.

Regulation 8(1) states that notwithstandinganything contain in these regulations the authoritiesmentionedtherein may

employ staff in class III and class IV on a temporary basis subject to such general or special directions as may be

issued by the Chairman from time to time. Sub regulation2 toregulation 8 states that no person appointed under Sub

regulation 1 shall only by reasonof such appointment be entitled to absorption in the service oftheCorporation or claim

preference for recruitment to any post.

9.

Another issue argued by the learned Counsel for the Management is that in view of regulations 8, the

provisions of Industrial DisputesAct are not applicable to the matters covered by Sec 48(2)(cc) of the Life Insurance

Corporation Act. The learned Counsel for the Management relied on the decision of the Hon'ble Supreme Court of

India in A. V.Nachane and another Vs UOI and another, 1982 AIR 1126 wherein the Hon'ble Supreme Court held

that “ In the instant case Sec 48(2C) read with Sec 48(2)(cc) authorizes the Central Govt to make rules to carry out the

purposes of the Act notwithstanding the Industrial Disputes Act or any other law. This means that in respect of the

matters covered by the rules the provisions of the Industrial DisputesAct or any other law will not be operative “.

The Hon'ble Supreme Court was examining the issue in an altogether different set of facts and was examining

whether the Amendment Act of 1981 laid down any legislative policy or furnish any guidelines to indicate the nature

and extent of the modifications that the rules will be permitted to make in the existing laws to carry out the purposes

of the Life Insurance Corporation Act, 1956 as amended in 1981. The learned Counsel also relied on the decision of

the Hon'ble Supreme Court in M. Venugopal Vs Divisional Manager, Life Insurance Corporation of India,

Machilipatnam, AIR 1994 SC 1343 wherein the Hon'ble Supreme Court held that the amendments introduced in Sec

48 of Life Insurance Corporation Act have clearly excluded the provisions of the Industrial Disputes Act so far they

are in conflict with the rules framed U/s 48(2)(oo). The Apex Court further held that once Sec 2(oo) is not attracted,

there is no question of application of Sec 25F on the basis of which the termination of the service of the appellant can

be held to be invalid. In the above case also the facts are entirely different.That was a case wherein the probation of

an Officer of the Corporation was not confirmed since he failed to achieve the targets fixed during probation. It is to

be pointed out that in both the above cases the Hon'ble Supreme Court has held that the exclusion of the provisions of

Industrial DisputesAct is applicable only in respect of the matters covered by the rules or when there is conflict with

the rules framed U/s 48(2)(cc). In the present case admittedly the workman is not appointed under regulation 8 of Life

Insurance Corporation of India (Staff)Regulations, 1960 and Life Insurance Corporation of India (Employment of

Temporary Staff) Instructions, 1993 or Life Insurance Corporation of India (Recruitment for Class III and Class IV

Staff)Instructions 1993. Also there is no conflict between the provisions of Life Insurance Corporation Act,

Regulations and Industrial Disputes Act. The learned Counsel for the workman relied on the decision of the Hon'ble

Supreme Court in Tamil Nadu Terminated Full Time Temporary LIC Employees Association Vs Life Insurance

Corporation of India and others, 2015 KHC 4225. This is a case where temporary employees appointed by the Life

Insurance Corporation challenged the validity of regulation 8 of Life Insurance Corporation of India (Staff)

Regulations, 1960. A full bench of the Hon'ble High Court of Madras held that regulation 8 is applicable to the

temporary employees and also held that sub clause b of Sec 2(oo) of the Industrial DisputesAct is valid and it does not

run counter to the provisions of Sec 25F, 25G and 25H of the Industrial Disputes Act. It was also held that the

applicability of the Industrial DisputesAct is excluded from the field covered by Sec 48(2) of the Life Insurance

Corporation Act. The Hon'ble Supreme Court of India after examining the history of the legislation and also the legal

authorities on the point, reversed the judgment of the Division Bench of the Hon'ble High Court of Madras upholding

the award of regularization passed by the Central Government Industrial Tribunal.The Rules, Regulations and

Instructions under LIC Act authorizes the LIC to make temporary appointments, under the circumstances mentioned

therein.But under the quire of exercising such powers, the Management cannot resort to arbitrary and illegal methods

to deny valuable right of the workers which accrued on them by the operation of the provisions of law governing the

filed. In this case, when the worker moved the Hon'ble High Court in W.P.(C) no.17594/2015, the Management in

their written statement at paras 5 and 11 has taken a specific contention that “ if the petitioners have got a case that the

Corporation is resorting to any unfair labour practice or violated any provisions of Industrial Disputes Act, then it has

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[PART II—SEC. 3(ii)]

became necessary to workout their remedy under the Industrial Disputes Act and not to invoke the writ jurisdiction

under Article 226 of the Constitution of India”. Further in Para 5 of the written statement it is stated that “ violation of

various provisions of the Industrial Disputes Act cannot be considered in a writ petition since the petitioners have

effective alternate remedy against the dispute under the provisions of the Industrial Disputes Act ”. On the basis of

the above contentions the Hon'ble High Court held that “ When the petitioners are raising their claims under the

provisions contained in the ID Act and the respondents also submit that the remedy is under the ID Act, and when

there is a statutory forum to adjudicate their claims under ID Act, there is no meaning in keeping the writ petition

pending before this Court. Petitioners are free to approach the competent authority to ventilate their grievance, as

provided under the ID Act ”. This is not challenged by the Management in W.A.1759/2016. The Management cannot

take a conflicting stand on the question of maintainability before the Hon'ble High Court of Kerala and before this

Tribunal.

In thelight of the above discussionsand inview of the legal position settled as per the above authorities, I am

of the view that the facts and circumstances involved in this case attracted provisions of Industrial Disputes Act, 1947

as there is no conflict between the said Act and Rules and Regulations under the Life Insurance Corporation Act,

1956.

10.

The learned Counsel for the Management also argued that in view of the decision of the Hon'ble Supreme

Court of India in State of Karnataka Vs Uma Devi, 2006 (4) SCC 1, in the absence of any statutory provision it is

not possible to regularize the service of the workman. The learned Counsel for the workman pointed out that the law

laid down by the Hon'ble Supreme Court in Uma Devi’s case (Supra) is not applicable to cases coming under the

Industrial Disputes Act. The Hon'ble Supreme Court of India clarified the above position in Maharashtra State Road

Transport and another Vs Casteribe Rajaya Parivahan Karmachari Sanghatana, 2009 8 SCC 556. The Hon'ble

Supreme Court held that the application of Industrial DisputesAct is not at all considered by the Constitution Bench

and therefore it was held that the dictum laid down by the Supreme Court is not applicable to cases coming under

Industrial Disputes Act. In Ajaypal Sing Vs Haryana Warehousing Corporation,(2015) 6 Supreme Court Cases

321 the Hon’ble Supreme Court considered the decision in Uma Devi’s case (Supra) and held that ;

“ 17. In Uma Devi’s case, (3) this Court held that adherence to the rule of equality in public employment is a

basic feature of our Constitution and since rule of law is a core of our Constitution, a Court would certainly be

disabled from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to

comply with the requirements of Article 14 read with Article 16 of the Constitution of India. The provisions of the

Industrial Disputes Act and powers of the Industrial and Labour Court provided therein were not at all under

consideration in Uma Devi’s case (3). The issue pertaining to unfair labour practice was neither the subject matter for

decision nor was decided in Uma Devi’s case.

The above decision was also quoted with approval by the Hon’ble Supreme Court in Durgapur Casual

Workers Union and others Vs Food Corporation of India and others, (2015) 5 SCC 786. The Hon’ble Court held

that an undertaking of the Government which comes within the meaning of ‘industry’ or its establishment cannot

justify its illegal action including unfair labour practice nor can ask for different treatment on the ground that public

undertaking is guided by Articles 14 &16 of Constitution of India and the private industries are not guided by 14 &16

of the Constitution. In Umrala Grama Panchayat Vs Secretary, Municipal Employees Union, 2015 12 SCC 775

the Hon’ble Supreme Court directed that the services of the workmen in that case be regularized and made permanent

since they worked for more than 240 days in a calendar year.

Taking into account all the facts and legal position as discussed above, I am of the considered view that the

present industrial dispute is maintainable. Hence the issue is decided in favour of the workman and against the

Management.

11.

Issue no.2 & 3

According to the learned Counsel for the Management, the workman was engaged on daily wage basis as a casual

labour w.e.f. 23.10.2008 and he was not a temporary Assistant as claimed byhim. Hisservices was not uninterrupted

or continuous as contemplated U/s 25B of Industrial Dispute Act, 1947. The workman was doing the work on need

basis andhis engagement was not through any regular recruitment process. The workman was disengaged when the

Management felt the services of the workman is no more required. The disengagement of the workman was not to

accommodate any other person and therefore there is absolutely no illegality or no arbitress having disengaged the

services of the workman. The learned Counsel also pointed out there is no unfair labour practice on the part of the

Management as defined under schedule 5 of the Industrial Disputes Act. It was also pointed out that he cannot claim

any relief U/s 25F, as he was not having continuous service as defined U/s 25B of the Act.

12.

The learned Counsel for the workman argued that the workman has been working as a temporary Assistant

on daily wages against permanent and perennial post. He was working continuously from 23.10.2008 andhe has

rendered continuous service U/s 25B of the Industrial Disputes Act. According to the Counsel, the services of the

workman was orally terminated w.e.f. 07.08.2015 as a measure of victimization and he approached the Hon'ble High

Court of Kerala for regularization ofhis service with the Management. According to him, the Management resorted to

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1381

unfair labour practice U/s 2(ra) and had committed offence under items 5 and 10 of schedule 5 of the Industrial

DisputesAct, 1947. The unlawful retrenchment of the workmanw.e.f. 07.08.2015 falls under item 5 of Sec 2(ra)

unfair labour practice. According to the learned Counsel, the workman is entitled for reinstatement and regularization

in the service of the Management. From Exbt.W16, it is seen that the workmanwas engaged as an Assistant on daily

wages w.e.f. 23.10.2008. The monthly statistical returns in Exbt.W5, W6,W7,W18 and W19 would show that

oneAssistant is engaged in Kolencherry branch of the Management for the period 2013 to 2015. Exbt.W3, the bank

statement of the workman in Punjab National Bank shows that the workman wasbeing paid on an average of above

Rs.6900/- per month from 07.11.2012 to 08.06.2015. The Exbt.W3 would clearly show that at a salary of Rs.300/- per

day the workman workedcontinuously for 240 days prior to his termination on 07.08.2015. Exbt.W15 Series of

vouchers also will indicate that the workman worked with the Kolencherry branch of the Management and accepted

wages at the rate of Rs.300/- per day during 2015 upto 31.07.2015. According tothe learned Counsel for the

Management this evidence will not satisfy the requirement of continuous service U/s 25B of the Act.

According to Sec 25B;

“1. a workman shall be said to be in continuous service for a period if he is for that period, in uninterrupted

service including service which may be interrupted on account of sickness or authorized leave or an

accident or a strike which is not illegal or a lockout or cessation of work which is not due to any fault

on the part of the workman.

2.

where a workman is not in continuous service within the meaning of clause 1 for a period of one year

or 6 months, he shall be deemed to be in continuous service under the employer for a period of one

year, if the workman during a period of 12 calendar months preceding the date with reference to which

calculation is to be made, has actually worked under the employer for not less than

I. ……

II. 240 days in any other case. “Hence to get the benefit of continuous service U/s 25B of the Industrial

Disputes Act the workman ought to have worked with the Management for 240 days during a period of

12 calendar months preceding 07.08.2015. The learned Counsel for the workman pointed out that the

workman produced all the documents athis possession to substantiate the claim that he worked for

more than 240 days during the preceding 12 months beforehis termination. However the Management

failed to rebuthis claim by producing any documents in their custody. The learned Counsel for the

workman relied on the decision of the Hon'ble Supreme Court of India in Director, Fisheries

Terminal Division Vs Bhikubhai Meghajibhai Chavda, 2010 KHC 6126 to argue that once the

workmandischargedhis responsibility by producing the documents athiscommand, the burden shifts to

the Management to prove that he has not worked for more than 240 days as required U/s 25B of the

Act. In the above case the workman was a watchman who was paid daily wages and whose presence

were marked in the Muster Roll. According to the Management, the workman worked from 1986 till

1988 and during this period the workman had worked for 93 days, 145 days and 31 days respectively.

According to them the workman had not worked for more than 240 days in the preceding year. The

Hon'ble Supreme Court relying on the decision in R.M. Yellatty Vs Assistant Executive Engineer,

2006 1 SCC 106 held that

“The respondent was a workman hired on daily wage basis. So it is obvious, as this Court pointed out

in the above case, that he would have difficulty in having access to all the above documents, Muster

Roll etc., in connection with his service. He came forwarded and deposed, so in our opinion the burden

of proof shift to the employer/appellant to prove that he did not complete 240 days of service in the

requisite period to constitute continuous service “.

13.

In the present case also it is seen that theworkman is examined as WW1 and he stated inhis evidence that he

worked with the Management from 2008 to 2015. In this case theExbt.W3 bank statement of payments of wages made

by the Management supported by the vouchers in Exbt.W15 Series and the returns of temporary employees filed by

the workman would clearly establish the case of the workman that he worked for morethan 240 days with the

Management,one year immediately prior to his date of termination. The learned Counsel for the workman relied on

the decision of Gauri Shankar Vs State of Rajasthan, 2015 12 SCC 754. In the above case, the workman was

working with the respondent and his case was that he was appointed against a permanent and sanctioned post w.e.f.

01.01.1987 till his services came to be retrenched and he had rendered service of more than 240 days in every

calendar year and has received salary from the respondent department each month. The workman challenged the

retrenchment as bad in law as the same is in violation of Sec 25F, 25G, 25H, 25T and 25U of the ID Act. The

workman applied for production of the Muster Roll and the management failed to produce the relevant Muster Rolls.

The Hon’ble Supreme Court relying on its earlier decisions in Gopal Krishna G Ketker Vs Muhammed Haji

Latheef, AIR 1968 SC 1413 and Murukesam Pillai Vs Manikyavasaka Pandara, 1917 5 LW 759 held that even if

the burden of proof does lie on a party, the Court can draw an adverse inference if he withholds important documents

in his possession which can throw light on the facts of issue. The learned Counsel for the workman also relied on the

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[PART II—SEC. 3(ii)]

decision of the Hon’ble Supreme Court in Sriram Industrial EnterprisesLtd Vs Mahak Singh and others, 2007 4

SCC 94, wherein the Hon’ble Supreme Court held that when the workman discharged their initial onus by producing

the documents in their possession it is the responsibility of the management to disprove the claim of the workman that

he did not work for more than 240 days with the management one year immediately prior to his/her termination. In

this case there is no dispute regarding the fact that theworkman was engaged as on daily wages w.e.f. 23.07.2008.

There is also no dispute with regard to the fact that his services were orally terminated w.e.f. 07.08.2015. The

documents discussed above will substantiate the above points. The workman also produced evidence to show that he

was paid wagesw.e.f. 07.11.2012 every month upto 31.07.2015. The other evidences as discussed above confirms his

engagement upto 31.07.2015. He has also entered the box and deposed that he worked with the Management

continuously from 2008 to 2015. Hence it can safely be considered that the workman had discharged his

responsibility of proving that he worked for more than 240 days in one year prior tohis date of termination. In such

circumstances as per the law laid down by the Hon'ble Supreme Court on the issue, it is possible to draw an inference

that he worked for more than 240 days in view of the fact that the Management failed to produce any documents to

disprovehis claim that he worked continuously for more than 240 days in one year prior to the date ofhis termination.

Hence from the facts and law discussed above, it is concluded that the workman had rendered continuous

service of 240 days makinghim eligible for the benefits U/s 25F of the Industrial Disputes Act.

14.

The learned Counsel for the Management argued that the workman in the present case is only a casual

employee on daily wages and therefore he is not entitled to claim the benefits U/s 25F of the Industrial Disputes Act.

The learned Counsel for the workman argued that the nature of employment of the workman will not any way

affecthis claim for reinstatement and regularization. The Hon'ble High Court of Kerala in Sreekumar K. Vs

Managing Director, KTDC Ltd, 2019 1 KHC 225 held that the definition in Sec 2(S) of Industrial Disputes Act

includes casual employees also. The Hon'ble High Court held that

“ Para 18. From this it is quiet evident that the definition of the term ‘workman’ U/s 2S of the Industrial

Disputes Act includes a casual employee as well and hence the decision cited (Supra) (in the context

governed by the provisions of the Workmen’s Compensation Act) is not at all attracted to the case in hand ”

15.

The Management has no case that they followed the procedure prescribed U/s 25F of the Industrial Disputes

Act while terminating the workman. In view of the above, it is clear that the Management terminated the services of

the workman in clear violation of the provisions of Sec 25 of the Industrial Disputes Act.

19.

Considering all the facts, pleadings and evidence in this case, I am inclined to hold that the retrenchment of

the workman from the service of the Management is abinitio void and is in violation of Sec 25F of Industrial Disputes

Act, 1947.

20.

Issue no.4

According tothe learned Counsel for the Management, the workman wasonly a casualemployee and the Management

was paying only for the days when he worked for the Management. Accordingtothe learned Counsel for the

workman, the workman was working against a permanent and perennial post in the Management. According to him,

the illegal retrenchment of the workman from the services of the Management is a case of victimization which under

item number 5 of Sec 2(ra) is an unfair labour practice. He also pointed out that the Management resorted to unfair

labour practice U/s 2(ra) under item number 10 of Schedule 5 of Industrial Disputes Act, 1947. The evidence

discussed above would clearly establish the fact that workman was engaged as a daily wage Assistant w.e.f.

23.10.2008 and he continued as a daily wager till his retrenchment on 07.08.2015. As per Sec 2(ra) “ Unfair labour

practice means any of the practices specified in the 5thSchedule “. Item number 10 in Schedule Vis “To employ

workmen as badalis, casuals or temporaries and to continue them as such for years, with the object of depriving them

of the status of permanent workman”. As already pointed out the workman was engaged by the Management for over

a period of 7 years as a casual/temporary employee ignoring his request for regularization in the service of the

Management. Henceit is a clear case of unfair labour practice denying the right of regularization tothe workman by

the Management. The Hon'ble Supreme Court of India in Ajayapal Sigh Vs Haryana Warehousing Corporation,

(Supra) held that even while retrenching a casual employee, unfair labour practice cannot be resorted to and the

workmancannot

be

retrenched

without

notice

pay

and

other

benefits

in

terms

of

Sec 25 of the Industrial Disputes Act, 1947,if the workman worked for 240 days immediately prior to his

retrenchment. The Hon'ble Supreme Court held that

18. We have noticed that Industrial Dispute Act is made for the settlement of industrial disputes and certain other

purposes as mentioned therein. It prohibits unfair labour practice on the part of the employer in engaging employees

as casual or temporary employees for long period without giving them the status and privilege of permanent

employees.

19. Sec 25F of the Industrial Disputes Act, 1947 stipulates conditions precedent for retrenchment of workmen. A

workman employed in any industry who has been in continuous service for not less than one year under an employer

is entitled to benefit under the said provisions if the employer retrenches the workman. Such a workman cannot be

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1383

retrenched until he/she is given one month notice in writing indicating the reasons for retrenchment and the period of

notice has expired or the workman has been paid in lieu of such notice wages for the period of the notice apart from

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. It also mandates the employer to serve a notice in the prescribed manner on the

appropriate Govt or such Authority as may be specified by appropriate Govt by notification in the official Gazette. If

any part of the provisions of Sec 25F is violated and the employer there by, resorts to unfair trade practice with the

object to deprive the workman with privilege as provided under the Act, the employer cannot justify such an action by

taking a plea that the initial appointment of the employee was in violation of Articles 14 & 16 of the Constitution of

India.

(20) - - - - - - - - - - - -

(21) - - - - - - - - - - - - -

Para 22. It is always open to the employer to issue an order of “retrenchment“ on the ground that the initial

appointment of the workman was not in conformity with Article 14 &16 of the Constitution of India or in

accordance with rules. Even for retrenchment for such ground, unfair labour practice cannot be resorted to

and thereby the workman cannot be retrenched on such ground without notice, pay and other benefits in

terms of Sec 25F of the Industrial Disputes Act, 1947, if continued for more than 240 days in a calendar

year”.

The learned Counsel for the workman relied on the decision of the Hon’ble Supreme Court in Jasmar Singh

Vs State of Haryana and other, 2015 4 SCC 458 and argued that the workman is entitled for reinstatement

with full back wages since the order of termination was void abinitio. The Hon’ble Supreme Court in the

above case relied on the following observation of the Court in Deepali Gundu Surwase Vs Kranti Junior

Adyapak Mahavidyalaya,2013 10 SCC 324 to hold that when the termination is found to be illegal, the

workman is entitled for reinstatement with back wages.

“ Para 22. The very idea of restoring an employee to the position which he held before dismissal or removal

or termination of service implies that the employee will be put in the same position in which he would have

been but for the illegal action taken by the employer. The injury suffered by a person who is dismissed or

removed or is otherwise terminated from service cannot easily be measured in terms of money. With the

passing of an order which has the effect of severing the employer-employee relationship, the latter’s source

of income gets dried up. Not only the employee concerned but his entire family suffers grave adversities.

They are deprived of the source of sustenance. The children are deprived of nutritious food and all

opportunities of education and advancement in life. At times, the family has to borrow from relatives and

other aquittance to avoid starvation. These sufferings continued till the competent adjudicatory forum decides

on the legality of the action taken by the employer. The reinstatement of such an employee, which is

preceded by a finding of the competent judicial/quasi judicial body or Court that the action taken by the

employer is ultravires the relevant statutory provisions or the principles of natural justice, entitles the

employee to claim full back wages. If the employer was to deny back wages to the employee, or contesting

his entitlement to get consequential benefits then it is for him/her to specifically plead and prove that during

the intervening period the employee was gainfully employed and was getting the same emoluments. The

denial of back wages to an employee who has suffered due to an illegal act of the employer would amount to

indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation

to pay back wages including the emoluments”.

In the above case, the Hon’ble Supreme Court was considering the case of a workman working as a daily

paid workman in the office of Sub Divisional Officer (Karnal) for more than 240 days.

21.

The learned Counsel for the workman pointed out that in view of the fact that the workman worked

continuously for morethan 240 days one year prior to his date of termination and also due to the fact that the

Management adopted unfair labour practice in terminating the service of the workman without following the

prescribed procedure U/s 25F of Industrial Disputes Act, the workman is required to be regularized in the service of

theManagement from the date of his termination. The learned Counsel relied on the decision of the Hon'ble Supreme

Court of India in Tamil Nadu Terminated Full Time Temporary LIC Employees Association Vs Life Insurance

Corporation of India and others, 2015 KHC 4225 to drive home his point that the workman is entitled for

regularization with the Management. Inthe above case the Hon'ble Supreme Court considered the challenge in respect

of the termination of various categories of temporary badali and part time workers in various Offices, Zones and

Divisions of the Corporation across India. Those workmen were appointed by following the procedure under the Life

Insurance Corporation of India (Staff) Regulations. The CGIT passed an award dt.18.06.2001 in terms of Justice R.D.

Tulpuli and Justice Jamdar giving directions to the Life Insurance Corporation for their absorption in theirrespective

posts. The above said award wasset aside by the SingleBench and DivisionBench of the Hon'ble High Court. The

Hon'ble Supreme Court after examining the application of the law laid down by the Hon'ble Supreme Court in

Secretary, State of Karnataka Vs Uma Devi (Supra) and also the facts of the case held that the award passed by the

1384

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

CGIT for absorption of the above temporary employees is in accordance with law. The Hon'ble Supreme Court also

held that

“ Para 28. The learned Amicuscuriae rightly placed reliance upon entry item number 10 of schedule V of the

Act in employingthe concerned workmen as temporary, badali and part time employees against permanent

post doing perennial nature of work and continuing them as such for number of years. This is a clear case of

unfair labour practice as defined U/s 2(ra) of the Act which is statutorily prohibited U/s 25T of the Act and

the said action of the Corporation amounts to penalty U/s 25U of the Act. For this reason also the findings

and reasons recorded in the award of the CGIT in answering the points of dispute referred to it by Central

Govt in favour of the concerned workmen is legal and valid “

In the present case as already pointed out, the workman is a graduate having completed his B.Com Degree

and also Computerised Financial Accounting from LBS Centre for Science& Technology. He was engaged by the

Management w.e.f. 23.10.2008 to 07.08.2015 as a temporary Assistant. Though the Management claimed that he is

not appointed under Regulation 8 of Life Insurance Corporation of India (Staff) regulation, 1960,he continued to be

engaged for almost 7 years without absorption or regularization in the service of the Management. Further hisservices

were terminated in violation of Sec 25F of the Industrial Disputes Act. Hence I am of the considered view that the

workman is entitled to be reinstated and regularized in the service of the Management w.e.f. 07.08.2015 with 50%

back wages and other consequential benefits and continuity of service.

Hence an award is passed holding that in view of the facts and circumstances involved in the case attracted

provisions of the Industrial Disputes Act, 1947. The retrenchment of the workman from the services of the

Management w.e.f. 07.08.2015 is in violation of Sec 25F of Industrial Disputes Act. Hence the workman is entitled to

be reinstated with 50% back wages and regularized in the service of the Management with all consequential benefits

and continuity of service w.e.f. 07.08.2015.

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 25th day of April, 2022.

V. VIJAYA KUMAR, Presiding Officer

APPENDIX

Witness for the Workman:-

WW1

- Sri. Arun Kumar P. S., dt.21.05.2019

Witness for the Management:-Nil

Exhibits for the Workman:-

W1

-

True copy of the degree certificate dt.05.10.2007of the workman

W2

-

True copy of the certificate of computerised Financial Accounting of the workman

W3

-

True copy of the Pass Book dt. 26.08.2011 held by the workman in the Punjab National Bank

W4

-

True software copy of order of increase in wages of daily Wagers dt.30.08.2012

W5

-

True software copy of statement of temporary employees dt.01.10.2013 sent by 4th Management

to superior officers

W6

-

True software copy of criteria for the selection of daily wagers in BO/SOdt.12.09.2013 sent by

4th Management to superior officers

W7

-

True software copy of monthly statistics of temporary Class III Employees dt.29.10.2013 for the

month of September, 2013

W8

-

Copy of W.P.(C) no.17594/2015 filed by the workman and another before the Hon'ble High

Court of Kerala

W9

-

Copy of I.A. no.13149/2015 dt.11.09.2015 filed by the workman and another in W.P.(C)

no.17594/2015 before the Hon'ble High Court of Kerala

W10

-

Copy of judgment dt.15.06.2016 of the Hon’ble Single Judge in W.P.(C) no.17594/2015

W11

-

Copy of the Memorandum of writ appeal W.A. no. 1759/2016 filed by the Management before

the Hon'ble High Court of Kerala

W12

-

Copy of counter affidavit filed by the Management in the above W.P.(C) no.17594/2015 before

the Hon'ble High Court of Kerala

W13

-

Copy of reply affidavit dt.05.01.2016 filed by the workman and another in W.P.(C)

no.17594/2015

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1385

W14

-

Copy of judgment dt.07.03.2017 of the Division Bench of the Hon'ble High Court of Kerala

against the judgment in W.A.no.1759/2016 dt. 10.01.2017

W15

-

Receipts (6 in numbers) for having received wages by Series workman on different dates [P10(a)

to P10(f)]

W16

-

True software copy of monthly statistics of daily wagers sent by the3rd Management to the

superiors

W17(a)

-

True software copy of Class III Employees dt.01.06.2015 for the month of May 2015

W17(b)

-

True software copy of Class IV Employees dt.01.06.2015 for the month of May 2015

W18

-

True software copy of Class III Employees dt.03.05.2014 for the month of April 2014

Exhibits for the Management:-

M1

-

True copy of the letter of delegation of powers in favour of Manager(L&HPF) executed by the

Zonal Manager, Management

M2

-

True copy of judgment dt.10.01.2017 of the Division Bench of the Hon'ble High Court of Kerala

in W.A. No.1759/2016 against the judgment in W.P.(C) no.17594/2015 dt.15.06.2016

नई दिल्ली, 12 िुलाई, 2022

का.आ. 667.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार िनरल मजनेिर, सिंिुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड, दिल्ली के प्रबंितंत्र के संबद्ध जन ोिकों और श्री एल. के.

असीिा, िनरल सेक्रेटरी, सिंिुस्ट्तान ृेरोजल म एम्प्लाइि ूजन न, दिल्ली के बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में

केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -1, नई दिल्ली ृंचाट (संिभज सं्‍ ा 97/2013) को प्रकाजित

करती िज।

[सं. एल-30011/19/2013-IR(M)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 667.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 97/2013) of the Central Government Industrial Tribunal/Labour

Court-1, New Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of Hindustan Petroleum Corporation Limited, Delhi and Shri L.K. Asija, General Secretary, Hindustan

Petroleum Employees Union, Delhi.

[No. L-30011/19/2013-IR(M)]

D. GUHA, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-L, NEW DELHI

Present: Smt.Parnita Mohanty

ID. No. 97/2013

Shri L.K.Asija, General Secretary,

Hindustan Petroleum Employees Union,

203, Pocket D-14,Sector-8,

Rohini, Delhi-110085.

. …Workman

Versus

The General Manager,

HPCL, North Zone Office at

Scope Minar, Laxmi Nagar,

Delhi.

…. Management

AWARD

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

No.L-30011/19/2013-IR(M) dated 23.05.2013 under clause (d) of sub - section 2(A) of Section 10 of the Act, for

adjudication of a dispute, terms of which are as under:

1386

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether non-consideration of request of transfer of Shri Shiv Kumar from GM DNZ to Delhi

Coordination Office, Jeevan Bharti Building, New Delhi on Seniority basis by the management of

Hindustan Petroleum Corporation Ltd., Is legal and justified? If not, what relief the workman is entitled

to’’?

2. The claimant had moved an application with requested to withdraw the case as do not have any demands against

the management. Now ‘No Dispute/Claim’ award passed. 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, 12 िुलाई, 2022

का.आ. 668.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार मेससज िगिीि रेसडंग कंृनी, कार ाना प्रबंिक, मेससज अल्राटेक सीमेंट जलजमटेड जवक्रम सीमेंट वक्सज ोरे, नीमच,

(एम.ृी.) के प्रबंितंत्र के संबद्ध जन ोिकों और श्री दकिन एंड अन् , अल्राटेक सीमेंट जलजमटेड जवक्रम सीमेंट वकजसज ोरे,

नीमच, (एम.ृी.) के बीच अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल ,

िबलृुर ृंचाट (संिभज सं्‍ ा 91/2019) को प्रकाजित करती िज।

[सं. एल-29012/6/2019-IR(M)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 668.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 91/2019) of the Central Government Industrial Tribunal/Labour

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

management of M/s Jagdish Trading Company, Kharkhana Prabhandak, M/s. Ultratech Cement Limited and

Shri Kishen and Others, Ultratech Cement Limited, Vikram Cement Workers, Neemuch (M.P.).

[F. No. L-29012/6/2019-IR(M)]

D. GUHA, Under Secy.

ANNEXURE

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

JABALPUR

No. CGIT/LC/R/91/2019

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

Shri Kishen and Others

Ultratech Cement Limited

Vikram Cement workers Khore, Neemuch

M.P.-458470

…Workman

Versus

M/s. Jagdish Trading Company

8, Shashti Nagar, Khore, Neemuch

M.P.

Kharkhana Prabhandak

M.s Ultratech Cement Ltd.

Vikram Cement Works,

Khore Neemuch

Madhya Pradesh

…Management

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1387

AWARD

(Passed on 17-6-2022)

As per letter dated 16/12/2019 the Government of India, Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No.L-L-29012/6/2019-

IR(M). The dispute under reference relates to:

“Kya shri Kishen singh even anya sharmiko(soochi salangn) ke patra ke anusar Shri Kishen Singh Evam

Anya Shramikon ko ultratech cement limited Khore Neemuch ke sthapana mein neyokta

M/s Jagdeesh Trading Company, Neemuch dwara paryapt duty na diye jaana even kuch shramikon ko

kaam se nekala haana kanooni roop se uchhit hain?yadi nahi , to kya ukt kamgar anutosh paane ka

adhikari hai aur yadi haan , ukt kamgaar ke anutosh and adhikari hai?Yadi avashak ho to mamle mein

anya nerdish kya hai?” .”

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

1.

Inspite of the service of notice to the workmen, have not appeared. They have not filed any statement of

claim.

2.

The Management has also not filed any statement of defence, though much time was given to the

Management.

3.

It appears that the parties are not interested to pursue their claim/defense.

4.

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

5.

Since the initial burden to put up and prove their claim is on the workmen in which they have miserably

failed, Hence this tribunal is constrained to decide the reference against the workmen

6.

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

A.

The action of the management is held to be justified in law and fact.

B.

The workmen are held entitled to no relief.

7.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA Presiding Officer

नई दिल्ली, 12 िुलाई, 2022

का.आ. 669.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री

सरकार ूरेजन म कॉृोरेिन ऑफ़ इंजड ा जलजमटेड, ििुगोडा के प्रबंितंत्र के संबद्ध जन ोिकों और उनके कमजकार के बीच

अनुबंि में जनर्िजष्ट औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , के िनबाि ृंचाट (संिभज

सं्‍ ा 18/2019) को प्रकाजित करती िज।

[सं. एल-43011/2/2019-आईआर(एम)]

डी. गुिा, अवर सजचव

New Delhi, the 12th July, 2022

S.O. 669.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 18/2019) of the Central Government Industrial Tribunal/Labour

Court-1, Dhanbad now as shown in the Annexure in the Industrial Dispute between the employers in relation to the

management of Uranium Corporation of India Limited, Jadugoda and Their Workman.

[No. L-43011/2/2019-IR(M)]

D. GUHA, Under Secy.

1388

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL No.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947.

Reference: No. 18/2019

Employer in relation to the management of Uranium Corporation of India Limited, Jadugoda.

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri P.R. Rakshit, Advocate

For the workman. :- None

State : Jharkhand.

Industry:- Uranium

Dated : 31.05.2022

AWARD

By Order No.L-43011/2/2019-IR(M) dated 22.03.2019 the Central Government in the Ministry of Labour

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

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

SCHEDULE

“Whether death of Late Shri Tapas Ranjan Maity, Ex-Tradesman-D (Welder) is due to ‘Injury on Work’

(IOW) under the management of Uranium Corporation of India Ltd., Jadugora, East Singbhum,

Jharkhand? If yes, what directions and reliefs, if any, are necessary in the matter?”

2. The reference is received on 02/04/2019 by this Tribunal in which the General Secretary, Uranium Mazdoor Sangh,

Jadugora had been advised to submit statement of claim along with relevant document within fifteen days but the

union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were noticed

but the workman/union didn’t appear before the Tribunal. Further the management had appeared on certain dates.

Thereafter again two regd. notices were issued to workman/union but even then the workman/union failed to appear

before the Tribunal. Now the Case is pending since 02/04/2019 and workman/union is not appearing before Tribunal.

so, it is felt that workman/union has lost its interest in this matter. Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 54@2008½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@81@2008-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 670.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 54/2008) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/81/2008 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1389

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 54/2008

Employer in relation to the management of Lodna Area of M/s. BCCL.

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri D. K. Verma, Advocate.

For the workman. :- None.

State : Jharkhand.

Industry:- Coal

Dated : 30.05.2022

AWARD

By Order No.L-20012/81/2008-(IR(CM-I)) dated 04.11.2008 the Central Government in the Ministry of

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

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

SCHEDULE

“i) Whether the action of the management of Bagdigi Colliery of M/s. BCCL in denying promotion to

S/Shri Amal Kumar Roy and Lachhman Dusadh as Chainmen-F is justified and legal? ii) To what reliefs

are the concerned workmen entitled and from what date?”

2. The reference is received on 17/11/2008 by this Tribunal in which the General Secretary, Colliery Mazdoor Sangh,

Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but the

union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were noticed

but the workman/union didn’t appear before the Tribunal. Further the management had appeared on certain dates but

union/workman had failed to appear before the Tribunal. Now the Case is pending since 17/11/2008 and

workman/union is not appearing before Tribunal. so, it is felt that workman/union has lost its interest in this matter.

Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 35@2006½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@125@2005-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 671.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 35/2006) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/125/2005 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

1390

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 35/2006

Employer in relation to the management of Bararee Colliery of M/s. BCCL.

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri D. K. Verma, Advocate.

For the workman. :- None.

State : Jharkhand.

Industry:- Coal

Dated : 30.05 .2022

AWARD

By Order No.L-20012/125/2005-IR(C-I) dated 23.01.2006 the Central Government in the Ministry of Labour

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

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

SCHEDULE

“Whether the action of the management of Bararee Colliery of M/s. BCCL in dismissing Sri Mukundo

Manjhi vide letter dt. 13.2.04 from service is justified? If not, to what relief is the concerned workman

entitled?”

2. The reference is received on 13/02/2006 by this Tribunal in which the General Secretary, Rashtriya Mazdoor

Union, Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but

the union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were

noticed but union/workman had appeared on 02/06/2006 and 27/07/2006, but subsequently left appearing before the

Tribunal. However, the management had appeared on certain dates. Now Case is pending since 13/02/2006 and

workman/union is not appearing before Tribunal. so, it is felt that workman/union has lost its interest in this matter.

Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 15/2008½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@11@2008-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 672.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 15/2008) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/11/2008 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1391

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 15/2008

Employer in relation to the management of Lodna Area of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri D.K. Verma, Advocate.

For the workman. :- None.

State : Jharkhand.

Industry:- Coal

Dated : 30/05/2022

AWARD

By Order No.L-20012/11/2008-(IR(CM-I)) dated 14/19.03.2008 the Central Government in the Ministry of

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

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

SCHEDULE

“Whether the action of the management of Jealgora Colliery of M/s. BCCL in not regularising the

services of Sh. Din Dayal Mishra, as Banksman in Cat.-IV is justified and legal? If not, to what relief is

the concerned workman entitled and from what date?”

2. The reference is received on 02/04/2008 by this Tribunal in which the Working President, Bihar Mines Lal Jhanda

Mazdoor Union, Dhanbad had been advised to submit statement of claim along with relevant document within fifteen

days but the union/workman did not appear before the Tribunal. However after receipt of the reference, both parties

were noticed but the workman/union didn’t appear before the Tribunal. Further the management had appeared on

certain dates but union/workman had failed to appear before the Tribunal. Now the Case is pending since 02/04/2008

and workman/union is not appearing before Tribunal. So, it is felt that workman/union has lost its interest in this

matter. Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 25/2008½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@43@2008-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 673.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 25/2008) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/43/2008 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

1392

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 25/2008

Employer in relation to the management of Sijua Area of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri D.K. Verma, Advocate.

For the workman. :- None.

State : Jharkhand.

Industry:- Coal

Dated : 31.05.2022

AWARD

By Order No.L-20012/43/2008-(IR(CM-I)) dated 28.03.2008 the Central Government in the Ministry of

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

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

SCHEDULE

“i) Whether the action of the management of Loyabad Coke Plant of M/s. BCCL in dismissing Sh.Mangal

Bhuia, W/Loader from the services of the company w.e.f. 13.5.2002 is legal and justified? (ii) To what

relief is the concerned workman entitled?”

2. The reference is received on 02/06/2008 by this Tribunal in which the General Secretary, Bihar Colliery Kamgar

Union, Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but

the union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were

noticed but the workman/union didn’t appear before the Tribunal. Further the management had appeared on certain

dates but union/workman had failed to appear before the Tribunal. Now the Case is pending since 02/06/2008 and

workman/union is not appearing before Tribunal. so, it is felt that workman/union has lost its interest in this matter.

Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 07/2008½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@145@2007-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 674.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2008) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/145/2007 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1393

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 07/2008

Employer in relation to the management of Kusunda Area of M/s. BCCL.

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- None

For the workman. :- None

State : Jharkhand.

Industry:- Coal

Dated : 30.05.2022

AWARD

By Order No.L-20012/145/2007-(IR(CM-I)) dated 25.02.2008 the Central Government in the Ministry of

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

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

SCHEDULE

“Whether the action of the management of Dhansar Colliery of M/s. BCCL in denying regularization as

Cap Lamp Incharge Grade-C to Shri Santosh Kumar Dutta, Assistant Cap Lamp Room Incharge is

justified and legal? If not, to what relief is the concerned workman entitled and from which date?”

2. The reference is received on 12/03/2008 by this Tribunal in which the Vice President, Dhanbad Colliery

Karamchari Sangh, Dhanbad had been advised to submit statement of claim along with relevant document within

fifteen days but the union/workman did not appear before the Tribunal. However after receipt of the reference, both

parties were noticed but the union/workman did not appear before the Tribunal. However management had appeared

on 29/06/2020 but thereafter failed to appear before the Tribunal. Now Case is pending since 12/03/2008 and

workman/union as well as management is not appearing before Tribunal. So, it is felt that workman/union has lost its

interest in this matter. Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 13 tqykbZ] 2022

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

lh-,y ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 218/2000½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 12-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@52@2000-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 13th July, 2022

S.O. 675.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 218/2000) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 12.07.2022.

[No. L-20012/52/2000 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

1394

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 218/2000

Employer in relation to the management of P.B. Area of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri D.K. Verma, Advocate.

For the workman. :- None.

State : Jharkhand.

Industry:- Coal

Dated : 30.05.2022

AWARD

By Order No.L-20012/52/2000- (C-I) dated 24.07.2000 the Central Government in the Ministry of Labour

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

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

SCHEDULE

“Whether the demand of the union to provide employment to Smt. Tula Devi wife OF Late Sh.

Sarbeshwar Mahto on compassionate grounds is proper and justified? If so, to what relief the said

dependent of deceased employee is entitled?”

2. The reference is received on 07/08/2000 by this Tribunal in which the Area President, Rashtriya Colliery Mazdoor

Sangh, Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but

the union/workman did not appear before the Tribunal. However, after receipt of the reference, both parties were

noticed and both parties appeared for certain dates, but subsequently workman/union left appearing before this

Tribunal. Thereafter, again regd. notices were issued to both the parties but the notice issued to union returned

unserved. Now this case is pending since 07/08/2000 and workman/union is not appearing before Tribunal, so it is felt

that workman/union has lost its interest in this matter. Hence “No Claim” Award is passed. Communicate.

D.K. SINGH, Presiding Officer

ubZ fnYyh] 14 tqykbZ] 2022

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

lh-,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 61/2005½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 13-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@9@2005-vkbZ-vkj- ¼lh-1½]

jktsUnz flag] voj lfpo

New Delhi, the 14th July, 2022

S.O. 676.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 61/2005) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 13.07.2022.

[No. L-20012/9/2005 – IR (C-I)]

RAJENDER SINGH, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र : िुलाई 16, 2022/आषाढ़ 25, 1944

1395

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 61/2005

Employer in relation to the management of Govindpur Area No. III of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- Sri Ganesh Pd. Advocate

For the workman. :- None

State : Jharkhand.

Industry:- Coal

Dated : 30.05.2022

AWARD

By Order No.L-20012/9/2005-IR(C-I) dated 19.07.2005 the Central Government in the Ministry of Labour

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

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

SCHEDULE

“Whether the action of the management of South Govindpur Colliery of M/s. BCCL to dismiss

Sh. Ainul Ansari from service w.e.f. 19.8.2004 is just, fair and legal? If not, to what relief is the concerned

workman entitled?”

2. The reference is received on 22/08/2005 by this Tribunal in which the Vice President, Rashtriya Colliery Mazdoor

Sangh, Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but

the union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were

noticed but union/workman had appeared on 27/09/2005, but subsequently left appearing before the Tribunal.

However, the management had appeared on certain dates. Now Case is pending since 22/08/2005 and workman/union

is not appearing before Tribunal. So, it is felt that workman/union has lost its interest in this matter. Hence “No

Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 14 tqykbZ] 2022

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

lh,y- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 14/2018½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 13-07-2022 dks izkIr gqvk FkkA

[la- ,y-20012@58@2018-vkbZ-vkj- ¼lh,e-1½]

jktsUnz flag] voj lfpo

New Delhi, the 14th July, 2022

S.O. 677.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

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

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 13.07.2022.

[No. L-20012/58/2018 – IR (CM-I)]

RAJENDER SINGH, Under Secy.

1396

THE GAZETTE OF INDIA : JULY 16, 2022/ASADHA 25, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD

In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947

Reference: No. 14/2018

Employer in relation to the management of Sijua Area of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For the Employers :- None

For the workman. :- None

State : Jharkhand.

Industry:- Coal

Dated : 30.05.2022

AWARD

By Order No.L-20012/58/2018- (IR(CM-I)) dated 04.09.2018 the Central Government in the Ministry of Labour has,

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

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

SCHEDULE

“Whether the action of the management of Bansdeopur Colliery of M/s BCCL in denying promotion to

Shri Binay Kumar Ram (P.No-01435515), Shri Acheylal (P. No-03039781), Shri Shankar Kumar Bhuia

(P.No-03038544), Shri Arjun Gosai (P.No-01443290), Shri Arjun Bouri (P. No-0144330p8) and Md.

Rafique (P.No-01421890) all fitter/helper of Bansdeopur Colliery of M/s. BCCL from Category-II to CAT-

III is fair, proper and justified?

ii)

If not, what relief they are entitled to and from which date?

iii) And what other directions are necessary in this regard?”

2. The reference is received on 13/09/2018 by this Tribunal in which the Vice President, Janta Mazdoor Sangh,

Dhanbad had been advised to submit statement of claim along with relevant document within fifteen days but the

union/workman did not appear before the Tribunal. However after receipt of the reference, both parties were noticed

but neither the union/workman nor the management appeared before the Tribunal. Now Case is pending since

13/09/2018 and workman/union as well as management is not appearing before Tribunal. So, it is felt that

workman/union has lost its interest in this matter. Hence “No Claim” Award is passed. Communicate.

D. K. SINGH, Presiding Officer

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: 2022.07.25 15:55:39 +05'30'