4644 GI/2022
(1397)
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. 29]
नई दिल् ली, िुलाई 17— िुलाई 23, 2022, िजनवार/ आषाढ़ 26— श्रावण 1, 1944
No. 29]
NEW DELHI, JULY 17—JULY 23, 2022, SATURDAY/ASADHA 26–SRAVANA 1, 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)
जवत्त मत्रांल
(रािस्ट्व जवभाग)
(केन्री अप्रत् क्ष कर एवं सीमा िुल्क बोडड)
नई दिल्ली, 28 िून, 2022
का.आ. 678.—केन्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के जन म
10 के उृजन म (4) के अनुसरण में रािस्ट्व जवभाग के अिीन, प्रिान आ ुक्त का का ाडल , केंरी माल और सेवाकर,
िम्मू, ओ.बी.-32-रेल िजड कॉम्प्लेक्स, िम्मू, जिसके 80 प्रजतित से अजिक कमडचारर ों ने हिंिी का का ड सािक ज्ञान प्राप्त
कर जल ा िज, को अजिसूजचत करती िज।
[फा. सं. ई-11017/3/2017- जिन्िी-2 डीओआर]
नीिाररका हसंि, जनिेिक (रािभाषा)
सी.जी.-डी.एल.-सा.-26072022-237566
CG-DL-W-26072022-237566
1398
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)
New Delhi, the 28th June, 2022
S.O. 678.—In pursuance of sub rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the
Union) Rules, 1976, the Central Government, hereby notifies, Office of the Principal Commissioner, Central Goods
and Services Tax, Jammu, O.B.-32, Rail Head Complex, Jammu, where more than 80% staff have acquired the
working knowledge of Hindi.
[F. No. E-11017/3/2017-Hindi-II DOR]
NIHARIKA SINGH, Director (OL)
नई दिल्ली, 19 िुलाई, 2022
का.आ. 679.—केन्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के जन म
10 के उृजन म (4) के अनुसरण में रािस्ट्व जवभाग के अिीन, जनम्नजलज त का ाडल जिसके 80 प्रजतित से अजिक
कमडचारर ों ने जिन्िी का का ड सािक ज्ञान प्राप्त कर जल ा िज, को अजिसूजचत करती िज।
क्रम सं.
का ाडल का नाम
का ाडल का ृता
1
केंरी वस्ट्तु एवं सेवा कर
आ ुक्ताल , उि ृुर
का ाडल आ ुक् त, केंरी वस्ट्तु एवं सेवा कर आ ुक्ताल , उि ृुर 142-बी, जिरण मगरी,
सेक्टर-11, उि ृुर
2
केंरी वस्ट्तु एवं सेवा कर
संभाग-ए उि ृुर
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-ए उि ृुर, चतु ड तल,
एल.आई.सी.भवन, रेती स्ट्टेंड, उि ृुर
3
केंरी वस्ट्तु एवं सेवा कर
संभाग-बी उि ृुर
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-बी उि ृुर, चतु ड तल,
एल.आई.सी.भवन, रेती स्ट्टेंड, उि ृुर
4
केंरी वस्ट्तु एवं सेवा कर
संभाग-सी उि ृुर
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-सी उि ृुर 142-बी, जिरण
मगरी, सेक्टर-11, उि ृुर
5
केंरी वस्ट्तु एवं सेवा कर
संभाग-डी कांकरोली
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-डी कांकरोली आर.के.
अस्ट्ृताल के सामने, भीलवाड़ा बाईृास, कांकरोली, जिला-रािसमन्ि
6
केंरी वस्ट्तु एवं सेवा कर
संभाग-ई भीलवाड़ा
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-ई भीलवाड़ा, 11 आिाि
नगर, ृन्नािा सर्कडल के समीृ, भीलवाड़ा
7
केंरी वस्ट्तु एवं सेवा कर
संभाग-एफ भीलवाड़ा
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-एफ भीलवाड़ा, 11 आिाि
नगर, ृन्नािा सर्कडल के समीृ, भीलवाड़ा
8
केंरी वस्ट्तु एवं सेवा कर
संभाग-िी जचत्तोड़गढ़
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-िी जचत्तोड़गढ़, सेक्टर 4,
जनि भवन के ृास, गांिीनगर, जचत्तोड़गढ़
9
केंरी वस्ट्तु एवं सेवा कर
संभाग-एच कोटा
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-एच, सी.ए.डी. सर्कडल,
रािस्ट्व भवन, कोटा
10
केंरी वस्ट्तु एवं सेवा कर
संभाग-आई कोटा
का ाडल उृ/सिा क आ ुक् त, केंरी वस्ट्तु एवं सेवा कर संभाग-आई, सी.ए.डी. सर्कडल,
रािस्ट्व भवन, कोटा
[फा. सं. ई-11017/3/2017- जिन्िी-2 डीओआर]
नीिाररका हसंि, जनिेिक (रािभाषा)
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1399
New Delhi, the 19th July, 2022
S.O. 679.—In pursuance of sub rule (4) of Rule 10 of the Official Languages (Use for Official Purpose of the
Union) Rules, 1976, the Central Government, hereby notifies, the following offices under Department of revenue
where more than 80% staff have acquired the working knowledge of Hindi.
S.No.
Office Name
Office Address
1
Central Goods and Services Tax
Commissionerate, Udaipur
Office of the Commissioner, Central Goods and Services Tax
Commissionerate, Udaipur 142-B, Hiran Magri, Sector-11 , Udaipur
2
Central Goods and Services Tax
Division-A Udaipur
Office of the Deputy/Assistant Commissioner, Central Goods and
Services Tax Division-A Udaipur, 4th Floor, LIC Bhawan, Reti Stand,
Udaipur
3
Central Goods and Services Tax
Division-B Udaipur
Office of the Deputy/Assistant Commissioner, Central Goods and
Services Tax Division- B Udaipur, 4th Floor, LIC Bhawan, Reti Stand,
Udaipur
4
Central Goods and Services Tax
Division-C Udaipur
Office of the Deputy/Assistant Commissioner , Central Goods and
Services Tax Division - C Udaipur 142-B, Hiran Magr, Sector-11,
Udaipur
5
Central Goods and Services Tax
Division-D Kankroli
Office of the Deputy/Assistant Commissioner , Central Goods and
Services Tax Division-D Kankroli R.K. Opposite Hospital , Bhilwara
Bypass, Kankroli, District- Rajsamand
6
Central Goods and Services Tax
Division-E Bhilwara
Office of the Deputy/Assistant Commissioner , Central Goods and
Services Tax Division-E Bhilwara, 11 Azad Nagar, Near Pannadhay
Circle , Bhilwara
7
Central Goods and Services Tax
Division-F Bhilwara
Office of the Deputy/Assistant Commissioner , Central Goods and
Services Tax Division -F Bhilwara, 11 Azad Nagar, Near Pannadhay
Circle , Bhilwara
8
Central Goods and Services Tax
Division-G Chittorgarh
Office of the Deputy/Assistant Commissioner, Central Goods and
Services Tax Division-G Chittorgarh, Sector 4, Near Mineral Bhawan,
Gandhinagar, Chittorgarh
9
Central Goods and Services Tax
Division-H Quota
Office of the Deputy/Assistant Commissioner, Central Goods and
Services Tax Division-H, CAD. Circle, Revenue Bhawan , Kota
10
Central Goods and Services Tax
Division-I Quota
Office of the Deputy/Assistant Commissioner, Central Goods and
Services Tax Division -I, CAD. Circle, Revenue Bhawan, Kota
[F. No. E-11017/3/2017-Hindi-II DOR]
NIHARIKA SINGH, Director (OL)
को ला मंत्राल
नई दिल्ली, 20 िुलाई, 2022
का.आ. 680.—केन्री सरकार, को ला िारक क्षेत्र (अिडन और जवकास) अजिजन म, 1957 (1957 का 20)
(जिसे इसमें इसके ृश्चात उक्त अजिजन म किा ग ा िज) की िारा 4 की उृ-िारा (1) के अिीन भारत सरकार के, को ला
मंत्राल के द्वारा िारी की गई अजिसूचना सं् ांक 426, तारी 5 िुलाई, 2021, िो भारत के रािृत्र, भाग II, ण्ड 3
उृ- ण्ड (ii), तारी 10 िुलाई, 2021 में प्रकाजित की गई ी, उस अजिसूचना से उृाबद्ध अनुसूची में जवजनर्िडष्ट ृररक्षेत्र
की भूजम में जिसका माृ 105.97 एकड़ (लगभग) अ वा 42.88 िेक्टे र (लगभग) िज, को ले का ृूवेक्षण करने के अृने
आि की सूचना िी ी;
1400
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
और केन्री सरकार का ि समािान िो ग ा िज दक इस अजिसूचना में उृाबद्ध अनुसूची में जवजनर्िडष्ट की गई उक्त
भूजम के भाग में को ला अजभप्राप् िज;
अतः अब केन्री सरकार, उक्त अजिजन म की िारा 7 की उृ-िारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए
इससे संलग्न अनुसूची में वर्णडत 105.97 एकड़ (लगभग) अ वा 42.88 िेक्टे र (लगभग) माृ की उक्त भूजम के सभी
अजिकार के अिडन करने के अृने आि की सूचना िेती िज ;
रटप्ृण 1 : इस अजिसूचना के अिीन आने वाले क्षेत्र के रे ांक सं् ा आरईवी/08/2021, तारी 15 दिसंबर,
2021 का जनरीक्षण उृा ुक्त, जिला – ििारीबाग, झार ण्ड के का ाडल ा को ला जन ंत्रक, 1, काउंजसल िाउस स्ट्रीट,
कोलकाता – 700001 के का ाडल ा मिाप्रबंिक, अरगड़ा क्षेत्र, जिला – ििारीबाग, झार ंड के का ाडल ा
मिाप्रबंिक (भूजम और रािस्ट्व), सेंरल कोलफील््स जलजमटेड, िरभंगा िाउस, रााँची – 834001, झार ंड ा मु्
मिाप्रबंिक (गवेषण जवभाग), सेंरल माइन प्लाहनंग एंड जडिाइन इंस्ट्टीच् ूट जलजमटेड, गोंडवाना ृजलेस, कांके रोड, रााँची –
834008, झार ंड में दक ा िा सकता िज।
रटप्ृण 2 : उक्त अजिजन म की िारा 8 के उृबंिों की ओर ध् ान आकषष्ट दक ा िाता िज, जिसमें जनम्नजलज त
उृबंि िैं :-
‘‘8. अिडन की बाबत् आृजत्त ां.- (1) कोई व्यजक्त, िो दकसी भूजम में जिसकी बाबत् िारा 7 के अिीन
अजिसूचना जनकाली गई िज, जितबद्ध िज, अजिसूचना के जनकाले िाने के तीस दिनों के भीतर सम्ृूणड भूजम ा
उसके दकसी भाग ा ऐसी भूजम में ा उस ृर के दकन्िीं अजिकारों का अिडन दकए िाने के बारे में आृजत्त
कर सकेगा।
स्ट्ृष्टीकरण.- इस िारा के अ ाडन्तगडत ि आृजत्त निीं मानी िाएगी दक कोई व्यजक्त दकसी भूजम में को ला
उत्ृािन के जलए स्ट्व ं नन संदक्र ाएाँ करना चािता िज और ऐसी संदक्र ाएाँ केन्री सरकार ा दकसी अन् व्यजक्त
को निीं करनी चाजिए।
(2) उृिारा (1) के अिीन प्रत् ेक आृजत्त सक्षम प्राजिकारी को जलज त प ृ में की िाएगी और सक्षम
प्राजिकारी आृजत्तकताड को स्ट्व ं सुने िाने का ा जवजि व्यवसा ी द्वारा सुनवाई का अवसर िेगा और ऐसी
सभी अृजत्त ों को सुनने के ृश्चात और ऐसी अजतररक्त िााँच, दि कोई िो, करने के ृश्चात िो वि
आवश् क समझता िज, वि ा तो िारा 7 की उृ-िारा (1) के अिीन अजिसूजचत भूजम के ा ऐसी भूजम में
ा उस ृर के अजिकारों के संबंि में एक ररृोटड ा ऐसी भूजम के जवजभन्न टुकड़ों ा ऐसी भूजम में ा उस
ृर के अजिकारों के संबंि में आृजत्त ों ृर अृनी जसफ़ाररिों और उसके द्वारा की गई कारडवाई के अजभले
सजित जवजभन्न ररृोटड केन्री सरकार को उसके जवजनश्च के जलए िेगा।
(3) इस िारा के प्र ोिनों के जलए वि व्यजक्त दकसी भूजम में जितबद्ध समझा िाएगा, िो प्रजतकर में जित का
िावा करने को िकिार िोता, दि भूजम ा दकसी ऐसी भूजम में ा उस ृर के अजिकार इस अजिजन म के
अिीन अर्िडत कर जलए िाते।’’
रटप्ृण 3: केन्री सरकार ने को ला जन ंत्रक, 1, काउंजसल िाउस स्ट्रीट, कोलकाता -700001 को उक्त
अजिजन म की िारा (3) के अिीन अजिसूचना सं् ा का.आ. 2518, तारी 27 मई 1983, िो भारत के रािृत्र, भाग
I,I ंड 3, उृ- ंड (ii), तारी 11 िून 1983 में प्रकाजित की गई ी, सक्षम प्राजिकारी जन ुक्त दक ा िज।
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1401
अनुसूची
जगद्दी ‘सी’ ओृनकास्ट्ट ृरर ोिना
जिला ििारीबाग (झार ण्ड)
( रे ांक सं् ांक आरईवी/ 08/ 2021, तारी 15 दिसम्बर, 2021)
सभी अजिकार:
क्रम सं. ंड
ग्राम
ाना
सं् ा
अंचल
जिला
अिडन के अिीन क्षेत्र
रटप्ृजण ां
एकड़ में
िेक्टे र में
1.
क
डाड़ी
43
डाड़ी
ििारीबाग
87.51
35.41
भाग
2.
डाड़ी
43
डाड़ी
ििारीबाग
0.32
0.13
भाग
3.
ग
डाड़ी
43
डाड़ी
ििारीबाग
18.14
7.34
भाग
कुल क्षेत्र (क + + ग):
105.97 एकड़
(लगभग)
42.88
िेक्टे र
(लगभग)
भू – अजभले के अनुसार अजिग्रजित दकए िाने वाले प्लॉट की जववरणी:
ब्लॉक
ग्राम
ाना
सं.
ाता
सं.
प्लॉट सं. अजिग्रिण
की भूजम
(एकड में)
भूजम का प्रकार
अजभजलज त
भूस्ट्वामी का नाम
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
क
डाडी
43
90
803
4.24 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
803
8.50 अजिसूजचत वन भूजम
सरकारी भूजम
890
4.50 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
901
0.28 गजर मिरुवा (ृरती)
सरकारी भूजम
904
14.99 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
904
7.16 अजिसूजचत वन भूजम
सरकारी भूजम
909
1.29 गजर मिरुवा (ृरती)
सरकारी भूजम
914
0.79 गजर मिरुवा (ृत् र)
सरकारी भूजम
917
0.04 गजर मिरुवा (ृत् र)
सरकारी भूजम
924
0.46 गजर मिरुवा (ृत् र)
सरकारी भूजम
936
2.50 गजर मिरुवा (झाड़ी)
सरकारी भूजम
936
7.61 अजिसूजचत वन भूजम
सरकारी भूजम
944
5.85 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
944
13.57 अजिसूजचत वन भूजम
सरकारी भूजम
1402
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
954
0.07 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
1486
4.27 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
1486
10.90 अजिसूजचत वन भूजम
सरकारी भूजम
1494
0.49 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
कुल (ब्लॉक क)
87.51
डाडी
43
90
841
0.29 गजर मिरुवा (ृरती)
सरकारी भूजम
833
0.03 गजर मिरुवा (ृत् र)
सरकारी भूजम
कुल (ब्लॉक )
0.32
ग
डाडी
43
90
825
18.14 गजर मिरुवा (िंगल झाड़ी)
सरकारी भूजम
कुल (ब्लॉक ग)
18.14
कुल क्षेत्र (क+ +ग):
105.97
सीमा - वणडन:
क्रम सं.
सीमा रे ा
सीमा वणडन
1.
ए1-ए2-ए3-ए4-ए5-ए6-ए7-ए1.
रे ा जबन्िु ‘ए1’ से आरंभ िोकर जबन्िु ए2, ए3, ए4, ए5
ए6
से गुिरते हुए आरंजभक जबन्िु ‘ए1’ ृर जमलती िज ।
2.
बी1-बी2-बी3-बी4-बी5-बी6-बी7-बी1.
रे ा हवंिु ‘बी1’ से आरंभ िोकर जबन्िु बी2, बी3, बी4,
बी5, बी6, एवं बी7
से गुिरते हुए आरंजभक जबन्िु ‘बी1’
ृर जमलती िज।
3.
सी1-सी2-सी3-सी4-सी5-सी6-सी7-सी8-
सी9-सी10-सी11-सी12-सी13-सी14-
सी15-सी16-सी17-सी18-सी19-सी20-
सी21-सी22-सी23-सी24-सी25-सी26-
सी27-सी28-सी29-सी30-सी31-सी32-
सी33-सी34-सी35-सी36-सी37-सी38-
सी39-सी40-सी41-सी42-सी43-सी1.
रे ा जबन्िु ‘सी1’ से आरंभ िोकर जबन्िु सी2, सी3, सी4,
सी5, सी6, सी7, सी8, सी9, सी10, सी11, सी12, सी13,
सी14, सी15, सी16, सी17, सी18, सी19, सी20, सी21,
सी22, सी23, सी24, सी25, सी26, सी27, सी28, सी29,
सी30, सी31, सी32, सी33, सी34, सी35, सी36, सी37,
सी38, सी39, सी40, सी41, सी42, त ा सी43 से गुिरते
हुए आरंजभक जबन्िु ‘सी1’ ृर जमलती िज।
[ फा. सं. 43015/04/2021-एलए एण्ड आईआर]
राम जिरोमजण सरोि, जनिेिक
MINISTRY OF COAL
New Delhi, the 20th July, 2022
S.O. 680.—Whereas by the notification of Government of India in the Ministry of Coal, number S.O. 426,
dated the 5th July 2021, issued under sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and
Development) Act, 1957(20 of 1957) (hereinafter referred to as the said Act), published in the Gazette of India, Part
II, Section 3, Sub-section (ii), dated the 10th July, 2021, the Central Government gave notice of its intention to
prospect for coal in 105.97 acres (approximately) or 42.88 hectares (approximately) of the land in the locality
specified in the Schedule annexed to that notification;
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1403
And, whereas, the Central Government is satisfied that coal is obtainable in a part of the said lands specified
in the Schedule appended to this notification;
Now, therefore, in exercise of powers conferred by sub-section (1) of section 7 of the said Act, the Central
Government hereby gives notice of its intention to acquire the lands measuring 105.97 acres (approximately) or 42.88
hectares (approximately) and all rights in or over the said lands as specified in the Schedule appended hereto;
Note 1: The plan bearing number Rev/08/2021, dated the 15th December, 2021, the area covered by this
notification may be inspected at the office of the Deputy Commissioner, District Hazaribagh, Jharkhand or at the
office of the Coal Controller, 1, Council House Street, Kolkata-700 001 or at the office of the General Manager,
Argada Area, District Hazaribagh, Jharkhand or General Manager (Land and Revenue), Central Coalfields Limited,
Darbhanga House, Ranchi-834001, Jharkhand or General Manager (Exploration Division), Central Mine Planning
and Design Institute Limited, Gondwana Palace, Kanke Road, Ranchi-834008.
Note 2: Attention is hereby invited to the provisions of section 8 of the said Act which provides as follows:-
" 8. Objections to acquisition.- (1) Any person interested in any land in respect of which a
notification under section 7 has been issued may, within thirty days of the issue of the notification,
object to the acquisition of the whole or any part of the land or any rights in or over such land.
Explanation.- It shall not be an objection within the meaning of this section for any person to say that he
himself desires to undertake mining operations in the land for the production of coal and that such operations should
not be undertaken by the Central Government or by any other person.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing, and the
competent authority shall give the objector an opportunity of being heard either in person or by a legal
practitioner and shall, after hearing all such objections and after making such further inquiry, if any, as
he thinks necessary, either makes a report in respect of the land which has been notified under sub-
section (1) of section 7 or of rights in or over such land, or make different reports in respect of different
parcels of such land or of rights in or over such land, to the Central Government, containing his
recommendations on the objections, together with the record of the proceeding held by him, for the
decision of that Government.
(3) For the purposes of this section, a person shall be deemed to be interested in land who would be
entitled to claim an interest in compensation if the land or any rights in or over such land were acquired
under this Act.”
Note 3: The Coal Controller, 1, Council House Street, Kolkata-700 001 has been appointed by the Central
Government as the competent authority under section 3 of the said Act, vide notification number S.O. 2518, dated the
27th May,1983, published in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 11th June, 1983.
SCHEDULE
Gidi ‘C’ Opencast Project
District- Hazaribagh (Jharkhand)
( Plan bearing number Rev/08/2021, dated the 15th December, 2021 )
All Rights :
Serial
number
Block
Village
Thana
number
Circle
District
Area under acquisition
Remarks
in acres
in hectares
1.
A
Dari
43
Dari
Hazaribagh
87.51
35.41
Part
2.
B
Dari
43
Dari
Hazaribagh
0.32
0.13
Part
3.
C
Dari
43
Dari
Hazaribagh
18.14
7.34
Part
Total area : (A+B+C) :
105.97
acres
(approxi-mately)
42.88
hectares
(approxi-mately)
Details of plots to be acquired as per land record:
Block
Village
Thana
number
Khata
number
Plot
number
Area under
acquisition
Type of land
Name of
recorded tenant
(in acres)
A
Dari
43
90
803
4.24
Gair Majurwa
(Jungle Jhari)
Government land
803
8.50
Notified forest
Government land
1404
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
890
4.50
Gair Majurwa
(Jungle Jhari)
Government land
901
0.28
Gair Majurwa
(Parti)
Government land
904
14.99
Gair Majurwa
(Jungle Jhari)
Government land
904
7.16
Notified forest
Government land
909
1.29
Gair Majurwa
(Parti)
Government land
914
0.79
Gair Majurwa
(Pathar)
Government land
917
0.04
Gair Majurwa
(Pathar)
Government land
924
0.46
Gair Majurwa
(Pathar)
Government land
936
2.50
Gair Majurwa
(Jhari)
Government land
936
7.61
Notified forest
Government land
944
5.85
Gair Majurwa
(Jungle Jhari)
Government land
944
13.57
Notified forest
Government land
954
0.07
Gair Majurwa
(Jungle Jhari)
Government land
1486
4.27
Gair Majurwa
(Jungle Jhari)
Government land
1486
10.90
Notified forest
Government land
1494
0.49
Gair Majurwa
(Jungle Jhari)
Government land
Total of block A:
87.51
B
Dari
43
90
841
0.29
Gair Majurwa
(Parti)
Government land
833
0.03
Gair Majurwa
(Pathar)
Government land
Total of block
B:
0.32
C
Dari
43
90
825
18.14
Gair Majurwa
(Jungle Jhari)
Government land
Total of block
C :
18.14
Grand total area
(A+B+C)
:
105.97
Boundary description:
Serial
number Boundary Line
Boundary description
1.
A1-A2-A3-A4-A5-A6-A1.
Line starts from point ‘A1’and passes through points A2,
A3, A4 and A5 and meets at starting point ‘A1’.
2.
B1-B2-B3-B4-B5-B6-B7-B1.
Line starts from point ‘B1’ and passes through points
B2, B3, B4, B5, B6 and B7 and meets at starting point
‘B1’.
3.
C1-C2-C3-C4-C5-C6-C7-C8-C9-C10-C11-
C12-C13-C14-C15-C16-C17-C18-C19-C20-
C21-C22-C23-C24-C25-C26-C27-C28-C29-
C30-C31-C32-C33-C34-C35-C36-C37-38-C39-
C40-C41-C42-C43-C1.
Line starts from point ‘C1’ and passes through points
C2, C3, C4, C5, C6, C7, C8, C9, C10, C11, C12, C13,
C14, C15, C16, C17, C18, C19, C20, C21, C22, C23,
C24, C25, C26, C27, C28, C29, C30, C31, C32, C33,
C34, C35, C36, C37, C38, C39, C40, C41, C42 and C43
and meets at starting point ‘C1’.
[F. No. 43015/04/2021-LA&IR]
RAM SHIROMANI SAROJ, Director
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1405
ृेरोजल म और प्राकषजतक गजस मंत्राल
नई दिल् ली, 5 िुलाई, 2022
का.आ. 681.—केन् री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के जन म
10 के उृजन म (4) के अनुसरण में ृेरोजल म और प्राकषजतक गजस मंत्राल के प्रिासजनक जन ंत्रणािीन सावडिजनक क्षेत्र के
उृक्रम के जनम् नजलज त का ाडल को, जिनके 80 ा अजिक प्रजतित कमडचारी वषन् ि ने जिन् िी का का डसािक ज्ञान प्राप् त कर
जल ा िज, अजिसूजचत करती िज:-
मिाराष्ट्र राज् का ाडल ,
इंजड न ऑ ल कॉृोरेिन जलजमटेड,
(जवृणन प्रभाग), इंजड न ऑ ल भवन
प्लॉट सी 33, िी ब्लॉक, बांरा कुलाड कॉम्ृलेक्स,
बांरा (ृूवड), मुम्बई - 400051
[फा. सं. 11012/3/2021-ओएल]
िोभना श्रीवास्ट् तव, उृ जनिेिक (रािभाषा)
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 5th July, 2022
S.O. 681.—In pursuance of Sub Rule (4) of Rule 10 of the Official Language (Use for official purpose of the
Union) Rules, 1976, the central Government hereby notifies the following office of the Public Sector undertaking
under the administrative control of the Ministry of Petroleum & Natural Gas, in which 80 or more percent of the staff
have acquired working Knowledge of Hindi:-
Maharastra State Office,
Indian Oil Corporation Limited,
(Marketing Division), Indian Oil Bhawan
Plot C 33, G Block, Bandra Kurla Complex,
Bandra (East), Mumbai - 400051
[F. No. 11012/3/2021-OL]
SHOBHANA SRIVASTAVA, Dy. Director (OL)
श्रम और रोिगार मंत्राल
ubZ fnYyh] 15 tqykbZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj cSad
vkWQ bf.M;k ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;
ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;] ua- 1 /kuckn ds iapkV ¼lanHkZ la- 246@2001½ dks izdkf'kr djrh gSA
[la ,y-12012@148@2001-vkbZvkj ¼ch-II½]
jktsUnz flag] voj lfpo
1406
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 15th July, 2022
S.O. 682.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 246/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,
No.1 Dhanbad shown in the Annexure, in the industrial dispute between the management of Bank of India and their
workmen.
[No. L-12012/148/2001-IR(B-II)]
RAJENDER SINGH, Under Secy.
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1, DHANBAD
In the matter of reference U/S 10 (1) (d) (2A) of I.D.Act. 1947
Reference: No. 246/2001
Employer in relation to the management of Bank of India, Jamshedpur
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:- Banking
Dated : 31.05.2022
AWARD
By Order No. L-12012/148/2001- (IR(B-II)) dated 13.11.2001 the Central Government in the Ministry of
Labour has, in exercise of the powers conferred by clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947, referred the following disputes for adjudication to this Tribunal:
SCHEDULE
“Whether the management of Bank of India, Sini Branch in not regularising the services of
Shri Shyamal Ch. Roy is justified? If not, what relief the concerned workman is entitled to?
2. The reference is received on 27/11/2001 by this Tribunal in which the Sh. S.C. Roy the concerned workman had
been advised to submit statement of claim along with relevant document within fifteen days but the 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 left appearing before this Tribunal. Thereafter, again regd.
notices were issued to both the parties but the notice issued to workman returned unserved. Now this case is pending
since 27/11/2001 and workman 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] 18 tqykbZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
QsMjy cSad fyfeVsM izca/k rarz ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
dsUnzh; ljdkj vkS|ksxd vf/kdj.k ,ukZdqye ds iapkV ¼lanHkZ la[;k 50@2015½ dks izdkf'kr djrh gSA
[la- ,y-12025@01@2022-vkbZvkj ¼ch-1½-07]
Mh- xqgk] voj lfpo
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1407
New Delhi, the 18th July, 2022
S.O. 683.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.50/2015) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Ernakulam as shown in the Annexure, in the industrial dispute between the management of Federal Bank Ltd. and
their workmen.
[No. L-12025/01/2022–IR(B-1) -07]
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
(Friday the 01st day of April 2022, 11 Caitra1944)
ID No. 50/2015
Workman
:
Sri. Nizar T.M
Peringattu Parambil House
Nettoor P.O., Maradu(Via)
Ernakulam- 682040.
By Adv.C.Anil Kumar
Management
:
The Chairman & CEO,
Federal Bank Limited,
Head Office, Federal Towers
Aluva
Ernakulam – 683101
By Adv. B. S .Krishnan Associates
This case coming up for final hearing on 26.11.2020 and 01.07.2021and this Industrial Tribunal-cum-Labour
Court 01.04.2022 passed the following:
AWARD
1.
This is a claim petition filed under Section 2A(2) of Industrial Disputes Act, 1947.
2.
According to workman, he joined the service of Federal Bank on 08.04.1985 as a Bankman. Since then he
had an unblemished service record to his credit. When he was working in Poonithura Branch of the Management
Bank, he was served with a charge sheet cum enquiry order dated 18.06.2013. It was alleged that one Sri. Antony M.J,
a customer of the Branch alerted the cashier Sri. Gopakumar C.S that he had seen the workman pocketing a bundle of
cash from the cash drawer. On verification, it is found that there is a shortage of Rs.50,000/-. The workman left the
Branch at 5.15 PM without permission from the Chief Manager and he was summoned to the Branch and was
instructed to return the money taken away by him. The workman refused having taken any money as alleged. It was
also alleged that Smt. Dinu Joy, Assistant Manager informed the Chief Manager that she found the workman dropping
something in the cash cabin. On verification, it was found that there was a bundle of 500 rupee notes of 90 pieces. On
the basis of the above allegations, the workman was charge sheeted for doing acts prejudicial to the interest of the
Management or gross negligence involving or likely to involve the Bank in serious loss. He submitted a reply to
charge sheet on 28.06.2013 denying the allegations in the charge sheet. Without considering the explanation, the
Enquiry Officer conducted an enquiry in complete violation of the principles of natural justice. The workman’s
objection regarding the procedure adopted by the Enquiry Officer was not considered positively. Even though the
workman requested the Enquiry Officer to issue letters to two customers of the Bank for examining in the enquiry,
the request was denied by Enquiry Officer thereby denying an opportunity to the workman to defend the charges in
fair and proper manner. The non-examination of these two witnesses has caused serious prejudice to the workman.
The Enquiry Officer submitted his report dated 02.02.2014 finding the workman guilty of charges alleged against him.
The finding of the Enquiry Officer was not supported by any evidence and his findings are perverse. There is material
contradictions in the deposition of MW1 to MW5 brought out through cross examination. The same was not
considered by the Enquiry Officer. The workman had tendered evidence before the Enquiry Officer but the same was
also not properly evaluated by the Enquiry Officer. The enquiry was conducted in flagrant violation of principles of
natural justice and fairness.
3.
The management filed Written Statement denying the above allegations. A charge sheet dated 18.06.2013
was issued to the workman alleging that on 07.03.2013, he had stolen an amount of Rs.50,000/- from the cash cabin of
1408
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
Poonithura Branch of the Management Bank and returned Rs.45,000/- when the theft was revealed. On 07.03.2013,
Sri. Antony M.J, a customer of Poonithura Branch informed Sri. Gopakumar C.S, cashier of the Branch that he had
seen the workman pocketing a bundle of cash from the cash drawer. The workman was inside the cash cabin at around
11.40 AM in connection with a P/L voucher payment. Sri. Gopakumar C.S questioned the workman regarding the
cash but he denied the same. Sri. Gopakumar informed the matter to Smt. Dinu Joy, Cash Officer who appraised the
matter to the Chief Manager. The Cash Officer advised Sri. Gopakumar C.S to close the cash and tally the balance.
On verifying the cash balance, a shortage of Rs.50,000/- was confirmed. The workman left the Branch at 5.15 PM
without obtaining the permission of the Chief Manager. Hence the workman was called back to the Branch and was
directed to return the money taken by him. The workman refused having taken the money. Smt. Dinu Joy also
reported that she had seen the workman putting something in the cash cabin while entering the Bank when he was
called back by the Chief Manager. The matter was reported to the Chief Manager and on verification, he found a 500
rupee note bundle with 90 pieces lying in the counter table of cash counter. When the Chief Manager questioned the
workman regarding the balance of Rs.5000/-, the workman admitted that he had taken the bundle of cash and it
contained only Rs.45,000/-. Considering the seriousness of the matter, the workman was kept on suspension and a
domestic enquiry was ordered to look into the charges levelled against him. The Enquiry Officer conducted the
enquiry strictly in accordance with the principles of natural justice. The Enquiry Officer/ Disciplinary Authority
allowed the workman to engage an Advocate to represent his case in the enquiry. 5 witnesses were examined from the
Management side and 12 documents were marked in the enquiry as Management exhibits. The defence side perused
the documents and also cross examined the Management witness in detail. On conclusion of the evidence of the
Management, the workman examined himself as a witness in the enquiry. After a careful analysis of the evidence
produced in the enquiry, the Enquiry Officer concluded that the charges against the workman are proved. The finding
of the Enquiry Officer was forwarded to the workman for his comments. He submitted his comments on 22.02.2014.
After analyzing the entire records of the enquiry, the Disciplinary Authority agreed with the findings of the Enquiry
Officer and held that the workman was guilty of committing acts of gross misconduct of “doing any act prejudicial to
the interest of the Bank or gross negligence or negligence involving or likely to involve the Bank in serious loss”.
Considering the gravity of the charges proved, the Disciplinary Authority proposed a punishment of dismissal without
notice on the workman. The Disciplinary Authority afforded an opportunity of personal hearing regarding the nature
of proposed punishment. After considering all the facts and pleadings of the workman, the Disciplinary Authority
imposed a punishment of dismissal without notice on the workman. The appeal filed by the workman was also
rejected by the Appellate Authority vide order dated 01.08.2014. The evidence adduced in the enquiry sufficiently
proves the fraud and theft committed by the workman. An employee committing theft of money and fraud in the Bank
lack integrity and honesty and are potential threats to the institution where they are employed. Management also
pleaded that, for any reason, if the enquiry conducted against the workman is found to be vitiated, they shall be given
an opportunity to prove the charges by leading independent evidence in this proceeding.
4.
On completion of pleadings the enquiry file is marked as Exbt.M1 by consent. The Counsels pleaded that the
fairness of the enquiry proceedings may be decided as a preliminary issue. Hence the question whether the
disciplinary enquiry conducted by the Enquiry Officer is fair and proper following the principles of natural justice
was framed as a preliminary issue. This Tribunal vide order dt.16.12.2019 held that the enquiry was conducted
inafair and proper manner following the principles of natural justice.
5.
The other issues to be considered in this industrial dispute are ;
1.
Whether the finding of the Enquiry Officer and Disciplinary Authority are based on proper evidence?
2.
Whether the punishment imposed by the Management on the workman is proportionate to the charges
proved against the workman ?
6.
Issue No.1
As per Exbt.EE1 in the Exbt.M1 file a charge memo was issued to the workman. As per the charge sheet
on07.03.2013 Sri. Antony M. J. a customer of the Branch Poonithura informed/alerted Sri. Gopakumar
C. S., cashier of the Branch that he had seen Sri. Nizar T. M pocketing a bundle of cash from the cash drawer.
Sri. Nizar T. M. was inside the cash cabin at around 11.40 AM in connection with a P/L voucher payment.
Sri. Gopakumar C. S. questioned Sri. Nizar T. M about the swindling of cash, buthe denied the same.
Sri. Gopakumar C. Simmediately informed the mater to Smt. Dinu Joy, Cash Officer who appraised the matter to the
Chief Manager and further advised Sri. Gopakumar C. S to close the cash and tally the balance. On verifying the
cash balance, a cash shortage of Rs.50,000/- was confirmed. When confronted by Sri. Aliyas K. Kurian, Chief
Manager, Sri. Nizar T. M denied that he had taken cash from the cash cabin. Thereafter Sri. Nizar T. M left the
Branch at 5.15 PM without obtaining the permission of Chief Manager. Therefore, the Chief Manager summoned Sri.
Nizar T. M to the Branch and instructed him to return the money taken by him and warned him of the consequences.
However Sri. Nizar T. M refused to return the money. Meanwhile Smt. DinuJoy found Sri. Nizar T. M stretching his
hand into the cash cabin and throwing a bundle/packet. Smt. Dinu joy informed this matter to the Chief Manager and
on verification, a bundle of 90 pieces of 500 rupee notes were found lying on the counter table of cash cabin. When
Sri. Nizar T. M was further questioned by the Chief Manager with regard to the balance amount of Rs.5000/-, he
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1409
admitted that he had taken the bundle of cash from the cash cabin and the same contained only Rs.45,000/- and he
had returned Rs.45,000/-. It is therefore alleged that Sri. Nizar T. M has stolen an amount of Rs.50,000/- from the
cash cabin and returned Rs.45,000/- when the theft was revealed. The acts of Sri. Nizar T. M entail depravity and
vileness of his character. Employees working in a financial institution like Bank are custodians of public money and
by committing theft Sri. Nizar T. M has proved himself to be dishonest and Bank has lost the trust and confidence
reposed on him. Accordingly the Management Bank charged the workman with gross misconduct of doing any
act prejudicial to the interest of the Bank or gross negligence involving or likely to involve the Bank in serious loss
as per the Bipartite Settlement dt.10.04.2002. The Management therefore appointed an Enquiry Officer and
Presenting Officer to conduct an enquiry against the workman. On the request of the workman the Management
allowed him to engage an Advocate to be the Defence Assistant for the workman. The Management examined MW1
to MW5 on the Management side. The workman examined himself as a defence witness. The Management
examined Sri. Antony M. J. as MW2. According to MW2, he is a customer of the Bank and was waiting in the queue
before the cash counter when he saw the workman pocketing a bundle of cash from the cash counter which he
reported to the cashier. The fact that MW2 is a customer of the Bank and he was available in the branch on
07.03.2013 is sufficiently proved in the enquiry. The defence assistant failed to discredit the evidence of MW2.
The cashier of the branch Sri. Gopakumar C.S was examined as MW3. He also deposed in the enquiry that the
workman came to his cabin at 11.30 AM on 07.03.2013 for taking payments of few P/L vouchers. He also deposed
that a customer in the queue in front of the cash cabin reported to him that he saw the workman pocketing a bundle
of cash. He reported the matter to the Cash Officer and as per Cash Officer’s advise closed the cash, verified cash
and found a shortage of Rs.50,000/-. After closing the cash in the evening and finding that there is deficit of
Rs.50,000/- the matter was reported to the Chief Manager. He further stated in evidence that by 5.15 PM the
workman has already left the Branch without permission and therefore he called back to the Branch by the Chief
Manager. The workman denied having taken the cash however after sometime the Cash Officer reported that she saw
the workman throwing something into the cash cabin. Accordingly the Chief Manager, the Cash Officer and another
Clerk came to the cash cabin, opened the same and found that there was a bundle of 500 rupee notes and when the
bundle was counted, they found that there was 90 numbers of 500 rupee notes amounting to Rs.45,000/-. When the
Chief Manager questioned the workman, he admitted that he has taken the bundle and it contained only Rs.45,000/-.
He gave it in writing as per Exbt.ME3 in the enquiry file. The Cash Officer was also examined in the enquiry as
MW4. She also gave evidence in line with the charge memo that the missing of cash from the cash cabin was
reported to her and later she saw the workman throwing something into the cash cabin which ultimately found to be
90 numbers 500 rupee notes amounting to Rs.45,000/-. The Chief Manager and the Officer who conducted the
investigation were also examined in the enquiry as MW1 and MW5 respectively. On a perusal of the evidence both
oral and documentary produced by the Management in the enquiry, it is seen that the workman failed to discredit
any of the Management witnesses. The chain of evidence would clearly establish the charges leveled against the
workman. The Apex Court in various judgments had considered the standard of proof required in a domestic
enquiry. It is also a settled law that in a domestic enquiry, the strict and sophisticated rule so fevidence under the
Indian Evidence Act may not apply. All materials which are logically probative for a prudent mind are permissible in
a disciplinary enquiry. The Hon'ble Supreme Court in State of Haryana and others Vs Rattan Singh, 1977 AIR
(SC) 1512 held that
“The simple point is, was there some evidence or was there no evidence not in the sense of the technical rules
governing regular court proceedings but in a fair common-sense way as men of understanding and worldly
wisdom will accept. Viewed in this way, sufficiency of evidence in proof of the finding by a domestic
tribunal is beyond scrutiny. Absence of any evidence in support of a ending is certainly available for the
court to look into because it amounts to an error of law apparent on the record ”.
Applying the above test in the present case, it is seen that there is adequate evidence to establish the case of
the Management in the charge sheet that the workman had stolen Rs.50,000/- from the cash counter on 07.03.2013.
Hence the issue regarding the adequacy of evidence to prove the charges against the workman is decided in
favour of the Management and against the workman.
7.
Issue No. 2
According to the learned Counsel for the workman the punishment of dismissal imposed on the workman
is too harsh and disproportionate to the charges alleged and proved in the enquiry. The learned Counsel for the
Management on the other side pointed out that the law is settled that an official of the Bank who is dealing with
public money is supposed to act with honesty and integrity. Any misconduct alleged and proved against a Bank
employee with regard to dishonesty is to be viewed very seriously. According to him the punishment imposed on
the workman by the Management is proportionate to the charges proved against him. The law in this regard is
settled by various decisions of the Hon'ble Supreme Court of India. In Chairman and Managing Director, United
Commercial Bank Vs P. C. Kakkar, 2003 4 SCC 364 the Hon'ble Supreme Court held that
“Para 14. A Bank Officer is required to exercise higher standards of honesty and integrity. He deals with
money of the depositors and customers. Every officer/employee of the Bank is required to take all possible
1410
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
steps to protect the interest of the Bank and to discharge his duties with utmost integrity, honesty, devotion
and diligence and to do nothing which is unbecoming of a Bank officer. Good conduct and discipline
areinseparable from the functioning of every officer/employee of the Bank ”
In Regional Manager U.P.S.R.T.C.Vs Hoti Lal and another, 2003 3SCC 605 the Hon'ble Supreme Court
held that “If the charged employee holds a position of trust where honesty and integrity are inbuilt requirements of
functioning, it would not be proper to deal with matter leniently. Misconduct in such cases has to be dealt with iron
hands. Where the person deals with public money or is engaged in financial transactions or acts in a fiduciary
capacity, highest degree of integrity and trust-worthiness is a must and unexceptionable’’. In a recent decision
Union of India and others Vs M. Duraisamy, AIR 2022 SC 2002 the Hon'ble Supreme Court examined
whether the removal from service of employee on a proved misconduct of serious nature of defrauding public
money is required to be interfered by the higher Courts. The Hon'ble Supreme Court after examining all the
previous authorities held that “Once a conscious decision was taken by the Disciplinary Authority to remove an
employee on the proved misconduct of a very serious nature of defrauding public money, neither the Tribunal nor
the High Court should have interfered with the order of punishment imposed by the Disciplinary Authority, which
was after considering the gravity and seriousness of the misconduct ”.
8.
In this case, it is already found that the disciplinary enquiry was conducted in a fair and proper manner
following the principles of natural justice and the findings of the Enquiry Officer and the Disciplinary Authority are
on the basis of the evidence and there is no perversity in the findings. The loss of confidence of the Management
is a primary factor in such cases. In the present case the workman is found to be guilty of stealing the funds of the
Management Bank. There is nothing wrong in the Bank losing confidence or faith in such an employee and awarding
punishment of dismissal.
Hence I find that the punishment dismissal awarded to the workman on proved charges of stealing cash
from the cash counter of the Management Bank is proportionate to the charges proved against him. Hence the issue
is decided in favour of the Management and against the workman.
Hence an award is passed holding that the disciplinary enquiry against the workman was conducted in a fair
and proper manner and also there is no perversity in the finding of the Enquiry Officer and also the Disciplinary
Authority. The punishment of dismissal imposed on the workman is proportionate to the charges proved against him.
Hence the claim of the workman for reinstatement is rejected.
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 01stday of April, 2022.
V. VIJAYA KUMAR, Presiding Officer
APPENDIX
Exhibits for the Management:-
M1
-
Enquiry file
नई दिल्ली, 18 िुलाई, 2022
का.आ. 684.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार डा रेक्टर, एम्ृलॉईस स्ट्टेट इन्िुरन्स कॉृोरेिन ऑफ़ इंजड ा, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली; वा ुिूत
जसक् ोररटी सर्वडसेि प्राइवेट जलजमटेड, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली के प्रबंितंत्र के संबद्ध जन ोिकों और
श्रीमती बबली, थ्रू भारती इंिीजन ररंग एंड िनरल मज़िूर ूजन न, नई दिल्ली के बीच अनुबंि में जनर्िडष्ट औद्योजगक
जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली ृंचाट (संिभड सं् ा (173/2019) को
प्रकाजित करती िज।
[सं. एल-15011/2/2019-आईआर (एम)]
डी. गुिा, अवर सजचव
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1411
New Delhi, the 18th July, 2022
S.O. 684.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 173/2019) of the Central Government Industrial Tribunal/Labour
Court-2, New Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of The Director, Employees State Insurance Corporation of India, ESI Hospital, New Delhi; Vayudoot
Security Services Pvt. Ltd., ESI Hospital, New Delhi and Smt. Babli, through Bhartiya Engineering & General
Mazdoor Union, New Delhi.
[No. L-15011/2/2019-IR(M)]
D. GUHA, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE No. 173/2019
Date of Passing Award- 06th July, 2022
Between:
Smt. Babli,
Through:- Bhartiya Engineering & General Mazdoor Union,
Bharat Mill Charkhi Gate, Plot No.1, Nr. D-Block,
Karmpura, New Delhi-110015.
…Workman
Versus
1.
The Director,
Employees State Insurance Corporation of India,
ESI Hospital, Basi Darapur, New Delhi-110015.
2.
Vayudoot Security Services Pvt. Ltd.
ESI Hospital, Basi Darapur, New Delhi-110015.
…Managements
Appearances:-
Shri Bake Lal (A/R)
: For the Workman.
None for the management (A/R)
: For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute existing
between employer i.e. the management of Vayudoot Security Services Pvt. Ltd. and other, and its workman/claimant
herein, under clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide
letter No. L- 15011/2/2019 (IR(M) dated 21.06.2019 to this tribunal for adjudication to the following effect.
“Whether termination of the services of Smt. Babli, worker by M/s Vayudoot Security Services Pvt. Ltd.,
contractor under ESI Hospital, Basi Darapur, New Delhi w.e.f 17.08.2017 is just, fair and legal? If not, what
relief Smt. Babli is entitled to and from which date? What directions, if any, are necessary in the matter?”
As per the claim petition the management No.1 ESIC is running hospitals at different locations. For
providing service in such hospitals contractors are engaged through tender for providing manpower. Previously one
Vishakha Group of company was the contractor and thereafter management No.2 M/s Vayudoot Security Services
Pvt. Ltd. was selected as the contractor. The said contractor had engaged the claimant to work in the ESI Hospital and
she was working as a housekeeping staff for 3 years. Her last drawn salary was Rs. 11000/- per month. When the
claimant was discharging her duties sincerely without giving opportunity of complaint, the management No.2
subjected her to unfair labour practice by not providing appointment letter, annual leave, casual leave, attendance
card, bonus and benefits under the EPF and ESI Act. The claimant was very often demanding the same as a legitimate
right. She was also demanding the minimum wage declared by the Government of Delhi. Being aggrieved by her
demand the management No.2 on 17.08.2017 illegally terminated her service. While doing so neither the notice of
termination nor termination compensation or duty pay were paid to her. She visited the office of the management no.2
on several occasions and requested for taking her back to duty. But the management No.2 never considered her
request. Having no other remedy available she approached the employees union who filed a complaint on her behalf
before the labour commissioner. Though the labour commissioner initiated a conciliation proceeding, the same failed
and the Appropriate Government referred the matter to this tribunal for adjudication as per the terms of the reference.
1412
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
Notices were sent to the respondent no.1 and 2 from this tribunal. Despite service of the notice none appeared
on behalf of the managements. Thus, by order dated 19th February 2020 the managements were proceeded exparte and
the claimant was called upon to adduce evidence. Pursuant thereto the claimant filed his affidavit and produced certain
documents. The documents include the ESI Card the representation sent to management no.1 requesting reinstatement
into service documents showing the duty chart of the claimant and endorsement of the authorities on the same on
different dates the photocopy of the cheque paid by management no.2 to the claimant towards the salary etc. No cross
examination was done to the said statement of the claimant.
The undisputed documents filed by the claimant and the uncontroverted evidence filed by her lead to a
conclusion that she was working as a housekeeping staff in the premises of management no.1 by her employer
management no.2 for 3 years preceding to 17.08.2017 i.e the date of her illegal termination. The documents filed by
her and marked as exhibit WW1/6 (Colly) clearly proves that she had worked for more than 240 days in the preceding
calendar year to the date of her termination. But the management no.2 on 17.08.2017 illegally terminated her service
and at the time of termination, the provisions of section 25F of the Id Act was not complied. Not only that no list of
seniority was displayed and the rule of last come first go was not followed. Hence, it is held that action of the
management no. 2 in terminating the service of the claimant is in gross violation of the provisions of section 25F is
illegal and the claimant is entitled to the relief sought for. Hence, ordered.
ORDER
The reference be and the same is answered in affirmative in favour of the claimant. it is held that the action
management No.2 M/s. Vayudoot Security Service Pvt. Ltd. the contractor under ESI Hospital Basi Darapur New
Delhi in terminating the service of the claimant is illegal and unfair for non compliance of the provisions of section
25F of the ID Act. It is directed that the management No.2 shall reinstate the claimant into service within one month
from the date of publication of the award with her last drawn salary and shall also pay her 40% of the back wages
from the date of termination and till the date of reinstatement without interest within a further period of one month
from the date of reinstatement. If the management would fail to pay the back wages as directed, the amount shall carry
interest @6% per annum from the date of termination and till the actual payment is made. Send a copy of this award
to the appropriate government for notification as required under section 17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
PRANITA MOHANTY, Presiding Officer
नई दिल्ली, 18 िुलाई, 2022
का.आ. 685.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार डा रेक्टर, एम्ृलॉईस स्ट्टेट इन्िुरन्स कॉृोरेिन ऑफ़ इंजड ा, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली; वा ुिूत
जसक् ोररटी सर्वडसेि प्राइवेट जलजमटेड, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली के प्रबंितंत्र के संबद्ध जन ोिकों और
श्रीमती ृरवीन, थ्रू भारती इंिीजन ररंग एंड िनरल मज़िूर ूजन न, नई दिल्ली के बीच अनुबंि में जनर्िडष्ट औद्योजगक
जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली ृंचाट (संिभड सं् ा (174/2019) को
प्रकाजित करती िज।
[सं. एल-15011/3/2019-आईआर(एम)]
डी. गुिा, अवर सजचव
New Delhi, the 18th July, 2022
S.O. 685.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 174/2019) of the Central Government Industrial Tribunal/Labour
Court-2, New Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of The Director, Employees State Insurance Corporation of India, ESI Hospital, New Delhi; Vayudoot
Security Services Pvt. Ltd., ESI Hospital, New Delhi and Smt. Parveen, through Bhartiya Engineering & General
Mazdoor Union, New Delhi.
[No. L-15011/3/2019-IR(M)]
D. GUHA, Under Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1413
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE No. 174/2019
Date of Passing Award- 06th July, 2022
Between:
Smt. Parveen,
Through:- Bhartiya Engineering & General Mazdoor Union,
Bharat Mill Charkhi Gate, Plot No.1, Nr. D-Block,
Karmpura, New Delhi-110015.
…Workman
Versus
1.
The Director,
Employees State Insurance Corporation of India,
ESI Hospital, Basi Darapur, New Delhi-110015.
2.
Vayudoot Security Services Pvt. Ltd.
Shop No. D-7, Block-H, Sector-22,
Noida-201301.
…Managements
Appearances:-
Shri Bake Lal (A/R)
: For the Workman.
None for the management : For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute existing
between employer i.e. the management of Vayudoot Security Services Pvt. Ltd. and other, and its workman/claimant
herein, under clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide
letter No. L- 15011/3/2019 (IR(M) dated 21.06.2019 to this tribunal for adjudication to the following effect.
“Whether termination of the services of Smt. Parveen, worker w.e.f 21.05.2016 by M/s Vayudoot Security
Services Pvt. Ltd., contractor under ESI Hospital, Basi Darapur, New Delhi is just, fair and legal? If not,
what relief Smt. Parveen is entitled to and from which date? What other directions, if any, are necessary in
the matter?”
As per the claim petition the management No.1 ESIC is running hospitals at different locations. For
providing service in such hospitals contractors are engaged through tender for providing manpower. Previously one
Vishakha Group of company was the contractor and thereafter management No.2 M/s Vayudoot Security Services
Pvt. Ltd. was selected as the contractor. The said contractor had engaged the claimant to work in the ESI Hospital and
she was working as a housekeeping staff for 8 years. Her last drawn salary was Rs. 9000/- per month. When the
claimant was discharging her duties sincerely without giving opportunity of complaint, the management No.2
subjected her to unfair labour practice by not providing appointment letter, annual leave, casual leave, attendance
card, bonus and benefits under the EPF and ESI Act. The claimant was very often demanding the same as a legitimate
right. She was also demanding the minimum wage declared by the Government of Delhi. Being aggrieved by her
demand the management No.2 on 21.05.2016 illegally terminated her service. While doing so neither the notice of
termination nor termination compensation or duty pay were paid to her. She visited the office of the management no.2
on several occasions and requested for taking her back to duty. But the management No.2 never considered her
request. Having no other remedy available she approached the employees union who filed a complaint on her behalf
before the labour commissioner. Though the labour commissioner initiated a conciliation proceeding, the same failed
and the Appropriate Government referred the matter to this tribunal for adjudication as per the terms of the reference.
Notices were sent to the respondent no.1 and 2 from this tribunal. Despite service of the notice none appeared
on behalf of the managements. Thus, by order dated 19th February 2020 the managements were proceeded exparte and
the claimant was called upon to adduce evidence. Pursuant thereto the claimant filed his affidavit and produced certain
documents. The documents include the ESI Card the representation sent to management no.1 requesting reinstatement
into service documents showing the duty chart of the claimant and endorsement of the authorities on the same on
different dates the photocopy of the cheque paid by management no.2 to the claimant towards the salary etc. No cross
examination was done to the said statement of the claimant.
1414
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
The undisputed documents filed by the claimant and the uncontroverted evidence filed by her lead to a
conclusion that she was working as a housekeeping staff in the premises of management no.1 by her employer
management no.2 for 8 years preceding to 21.05.2016 i.e the date of her illegal termination. The documents filed by
her and marked as exhibit WW1/6 (Colly) clearly proves that she had worked for more than 240 days in the preceding
calendar year to the date of her termination. But the management no.2 on 21.05.2016 illegally terminated her service
and at the time of termination, the provisions of section 25F of the Id Act was not complied. Not only that no list of
seniority was displayed and the rule of last come first go was not followed. Hence, it is held that action of the
management no. 2 in terminating the service of the claimant is in gross violation of the provisions of section 25F is
illegal and the claimant is entitled to the relief sought for. Hence, ordered.
ORDER
The reference be and the same is answered in affirmative in favour of the claimant. it is held that the action
management No.2 M/s Vayudoot Security Service Pvt. Ltd. the contractor under ESI Hospital Basi Darapur New
Delhi in terminating the service of the claimant is illegal and unfair for non compliance of the provisions of section
25F of the ID Act. It is directed that the management No.2 shall reinstate the claimant into service within one month
from the date of publication of the award with her last drawn salary and shall also pay her 40% of the back wages
from the date of termination and till the date of reinstatement without interest within a further period of one month
from the date of reinstatement. If the management would fail to pay the back wages as directed, the amount shall carry
interest @6% per annum from the date of termination and till the actual payment is made. Send a copy of this award
to the appropriate government for notification as required under section 17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
PRANITA MOHANTY, Presiding Officer
.
नई दिल्ली, 18 िुलाई, 2022
का.आ. 686.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में केन्री
सरकार डा रेक्टर, एम्ृलॉईस स्ट्टेट इन्िुरन्स कॉृोरेिन ऑफ़ इंजड ा, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली; वा ुिूत
जसक् ोररटी सर्वडसेि प्राइवेट जलजमटेड, ई.एस.आई. िॉजस्ट्ृटल, नई दिल्ली के प्रबंितंत्र के संबद्ध जन ोिकों और
श्रीमती नाजज़रुन ातून, थ्रू भारती इंिीजन ररंग एंड िनरल मज़िूर ूजन न, नई दिल्ली के बीच अनुबंि में जनर्िडष्ट
औद्योजगक जववाि में केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली ृंचाट (संिभड सं् ा
(175/2019) को प्रकाजित करती िज।
[सं. एल-15011/4/2019-आईआर(एम)]
डी. गुिा, अवर सजचव
New Delhi, the 18th July, 2022
S.O. 686.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 175/2019) of the Central Government Industrial Tribunal/Labour
Court-2, New Delhi now as shown in the Annexure in the Industrial Dispute between the employers in relation to the
management of The Director, Employees State Insurance Corporation of India, ESI Hospital, New Delhi; Vayudoot
Security Services Pvt. Ltd., ESI Hospital, New Delhi and Smt. Nazirun Khatun, through Bhartiya Engineering &
General Mazdoor Union, New Delhi.
[No. L-15011/4/2019-IR(M)]
D. GUHA, Under Secy.
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1415
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty, Presiding Officer, C.G.I.T.-Cum-Labour
Court-II, New Delhi.
INDUSTRIAL DISPUTE CASE NO. 175/2019
Date of Passing Award- 06th July, 2022
Between:
Smt. Nazirun Khatun,
Through:- Bhartiya Engineering & General Mazdoor Union,
Bharat Mill Charkhi Gate, Plot No.1, Nr. D-Block,
Karmpura, New Delhi-110015.
…Workman
Versus
3.
The Director,
Employees State Insurance Corporation of India,
ESI Hospital, Basi Darapur, New Delhi-110015.
4.
Vayudoot Security Services Pvt. Ltd.
Shop No. D-7, Block-H, Sector-22,
Noida-201301.
…Managements
Appearances:-
Shri Bake Lal (A/R)
: For the Workman.
None for the management (A/R)
: For the Management
AWARD
The Government of India in Ministry of Labour & Employment has referred the present dispute existing
between employer i.e. the management of Vayudoot Security Services Pvt. Ltd. and other, and its workman/claimant
herein, under clause (d) of sub section (1)and sub section (2A) of section 10 of the Industrial Dispute Act 1947 vide
letter No. L- 15011/4/2019 (IR(M) dated 21.06.2019 to this tribunal for adjudication to the following effect.
“Whether termination of the services of Smt. Nazirun Khatun, worker w.e.f 17.05.2016 by M/s Vayudoot
Security Services Pvt. Ltd., contractor under ESI Hospital, Basi Darapur, New Delhi is just, fair and legal? If
not, what relief Smt. Nazirun Khatun is entitled to and from which date? What other directions, if any, are
necessary in the matter?”
As per the claim petition the management No.1 ESIC is running hospitals at different locations. For
providing service in such hospitals contractors are engaged through tender for providing manpower. Previously one
Vishakha Group of company was the contractor and thereafter management No.2 M/s Vayudoot Security Services
Pvt. Ltd. was selected as the contractor. The said contractor had engaged the claimant to work in the ESI Hospital and
she was working as a housekeeping staff for 5 years. Her last drawn salary was Rs. 9000/- per month. When the
claimant was discharging her duties sincerely without giving opportunity of complaint, the management No.2
subjected her to unfair labour practice by not providing appointment letter, annual leave, casual leave, attendance
card, bonus and benefits under the EPF and ESI Act. The claimant was very often demanding the same as a legitimate
right. She was also demanding the minimum wage declared by the Government of Delhi. Being aggrieved by her
demand the management No.2 on 17.05.2016 illegally terminated her service. While doing so neither the notice of
termination nor termination compensation or duty pay were paid to her. She visited the office of the management no.2
on several occasions and requested for taking her back to duty. But the management No.2 never considered her
request. Having no other remedy available she approached the employees union who filed a complaint on her behalf
before the labour commissioner. Though the labour commissioner initiated a conciliation proceeding, the same failed
and the Appropriate Government referred the matter to this tribunal for adjudication as per the terms of the reference.
Notices were sent to the respondent no.1 and 2 from this tribunal. Despite service of the notice none appeared
on behalf of the managements. Thus, by order dated 19th February 2020 the managements were proceeded exparte and
the claimant was called upon to adduce evidence. Pursuant thereto the claimant filed his affidavit and produced certain
documents. The documents include the ESI Card the representation sent to management no.1 requesting reinstatement
into service documents showing the duty chart of the claimant and endorsement of the authorities on the same on
different dates the photocopy of the cheque paid by management no.2 to the claimant towards the salary etc. No cross
examination was done to the said statement of the claimant.
1416
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
The undisputed documents filed by the claimant and the uncontroverted evidence filed by her lead to a
conclusion that she was working as a housekeeping staff in the premises of management no.1 by her employer
management no.2 for 5 years preceding to 17.05.2016 ie the date of her illegal termination. The documents filed by
her and marked as exhibit WW1/6 (Colly) clearly proves that she had worked for more than 240 days in the preceding
calendar year to the date of her termination. But the management no.2 on 17.05.2016 illegally terminated her service
and at the time of termination, the provisions of section 25F of the Id Act was not complied. Not only that no list of
seniority was displayed and the rule of last come first go was not followed. Hence, it is held that action of the
management no. 2 in terminating the service of the claimant is in gross violation of the provisions of section 25F is
illegal and the claimant is entitled to the relief sought for. Hence, ordered.
ORDER
The reference be and the same is answered in affirmative in favour of the claimant. it is held that the action
management No.2 M/s Vayudoot Security Service Pvt. Ltd. the contractor under ESI Hospital Basi Darapur New
Delhi in terminating the service of the claimant is illegal and unfair for non compliance of the provisions of section
25F of the ID Act. It is directed that the management No.2 shall reinstate the claimant into service within one month
from the date of publication of the award with her last drawn salary and shall also pay her 40% of the back wages
from the date of termination and till the date of reinstatement without interest within a further period of one month
from the date of reinstatement. If the management would fail to pay the back wages as directed, the amount shall carry
interest @6% per annum from the date of termination and till the actual payment is made. Send a copy of this award
to the appropriate government for notification as required under section 17 of the ID act 1947.
The reference is accordingly answered.
Dictated & Corrected by me.
PRANITA MOHANTY, Presiding Officer
ubZ fnYyh] 19 tqykbZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj
,Q-lh-vkbZ] 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;] y[kuÅ ds iapkV ¼lanHkZ la[;k 37/2009½ dks izdkf”kr djrh gS] tks
dsUnzh; ljdkj dks 18-07-2022 dks izkIr gqvk FkkA
[la- ,y-22011@34@2009-vkbZ-vkj- ¼lh,e-2½]
jktsUnz flag] voj lfpo
New Delhi, the 19th July, 2022
S.O. 687.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 37/2009) of the Central Government Industrial Tribunal-cum-
Labour Court, LUCKNOW as shown in the Annexure, in the industrial dispute between the Management of F.C.I. and
their workmen, received by the Central Government on 18.07.2022.
[No. L-22011/34/2009-IR (CM-II)]
RAJENDER SINGH, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT LUCKNOW
PRESENT : SOMA SHEKHAR JENA HJS (Retd.)
I.D. No. 37/2009
Ref. No. L-22011/34/2009 – IR (CM-II) dated 30.09.2009
BETWEEN :
The State Secretary
Bhartiya Khadya Nigam Karmchari Sangh
TC/3V, Vibhuti Khand
Gomti Nagar, Lucknow.
(Espousing cause of Shri Iradat Ali)
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1417
AND
1.
The General Manager
Food Corporation of India
TC/V, Vibhuti, Gomti Nagar, Lucknow
2.
The Area Manager
Food Corporation of India
7 R, Dalibagh, Lucknow
AWARD
1.
By order No. L-22011/34/2009 – IR (CM-II) dated 30.09.2009 the Central Government in the Ministry of
Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10
of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute for adjudication to this CGIT-cum-
Labour Court, Lucknow.
2.
The reference under adjudication is:
“WHETHER THE ACTION OF THE MANAGEMENT OF FCI, LUCKNOW/ RAI BAREILLY FOR
IMPOSING PENALTIES ON SHRI IRADAT ALI, AG-I(D) VIDE, THEIR ORDERS DATED 21.08.2008,
10.09.2008 AND 22.02.2007 ARE LEGAL AND JUSTIFIED? TO WHAT RELIEF IS THE WORKMAN
CONCERNED ENTITLED?”
3.
The case of the workman’s Union in brief is that the workmen viz. Shri Iradat Ali had been served upon
illegal charge sheets dated 26.03.2008, 31.07.2008 and 11.06.2006; and the opposite party without considering replies
of the workman to the respective charges sheets, has passed impugned orders dated 21.08.2008, 10.09.2008 and
22.01.2007 respectively; whereby the management has imposed punishment of recovery of Rs. 5,000/-, Rs. 7,000/-
and Rs. 20,000/- respectively upon the workman. The workman’s union has alleged that the management has issued
impugned orders without following due procedure of natural justice and liable to be set aside with consequential
benefits to the workman.
4.
Per contra, the management of the Food Corporation of India has disputed the claim of the workman’s Union
by filing its written statement wherein it has submitted that the impugned orders are just and legal and same have been
issued after complying with due procedures of the natural justice.
5.
The workman’s Union has filed rejoinder whereby it has only reiterated its averments in the statement of
claim and has not introduced any new fact.
6.
After conclusion of evidence, the case was fixed for filing of argument; however, in the meantime the
workman, Iradat Ali filed an application dated 14.10.2021/W-35 for to withdrawal of the industrial dispute as he is no
longer interested to contest the case and prayed to stop/close the proceedings in the present case.
7.
Heard learned counselfor the workman, who stated that the workman is no more interested to pursue his case,
therefore, the proceeding may be dropped accordingly.
8.
The workman in his application W-35 has stated that he does not want to contest the case anymore and has
prayed for stopping/dropping of the proceedings. It is well settled that if a party challenges the legality of an order,
the burden lies upon him to prove illegality of the action of the management and if no evidence is produced by the
party invoking jurisdiction of the Tribunal, his stand must fail. In the instant case the burden was on the workman’s
Union to prove that the action of the management of Food Corporation of India inissuingimpugned orders was illegal
and unjustified. The stand of the workmanwas denied by the management of the Food Corporation of India, therefore,
it was incumbent upon the workman to prove its case with cogent evidence; but the workman does not want to pursue
the present industrial dispute and wants the closure of the same. Accordingly, there is no need to proceed with the
present industrial dispute as grievances of the workmanstand redressed. Thus, the representative of the workmanhas
prayed to pass suitable orders.
9.
Although provisions of withdrawal of suits under Order 23 Rule 1 CPC are not applicable in the matter of
reference under Section 10 of ID Act but, in view of the submission of the counsel for withdrawal of the case, there is
no grievance left with the workman. Resultantly, no relief is required to be given to the workman concerned. The
reference under adjudication is answered accordingly.
10.
Award as above.
LUCKNOW.
07th July, 2022.
SOMA SHEKHAR JENA Presiding Officer
1418
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
ubZ fnYyh] 19 tqykbZ] 2022
—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj
,Q-lh-vkbZ] 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;] y[kuÅ ds iapkV ¼lanHkZ la[;k 108/2011½ dks izdkf”kr djrh gS] tks
dsUnzh; ljdkj dks 18-07-2022 dks izkIr gqvk FkkA
[la- ,y-22011@44@2010-vkbZvkj ¼lh,e-2½]
jktsUnz flag] voj lfpo
New Delhi, the 19th July, 2022
S.O. 688.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 108/2011) of the Central Government Industrial Tribunal-cum-
Labour Court, LUCKNOW as shown in the Annexure, in the industrial dispute between the Management of F.C.I. and
their workmen, received by the Central Government on 18.07.2022.
[No. L-22011/44/2010 – IR (CM-II)]
RAJENDER SINGH, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT LUCKNOW
PRESENT : SOMA SHEKHAR JENA HJS (Retd.)
I.D. No. 108/2011
Ref. No. L-22011/44/2010 – IR (CM-II) dated 11.07.2011
BETWEEN :
The State Secretary
Bhartiya Khadya Nigam Karmchari Sangh
TC/3V, Vibhuti Khand
Gomti Nagar, Lucknow.
(Espousing cause of Shri Iradat Ali)
AND
3.
The General Manager
Food Corporation of India
TC/V, Vibhuti Khand, Gomti Nagar, Lucknow
AWARD
1.
By order No. L-22011/44/2010 – IR (CM-II) dated 11.07.2011the Central Government in the Ministry of
Labour, New Delhi in exercise of powers conferred by clause (d) of sub section (1) and sub section (2A) of Section 10
of the Industrial Disputes Act, 1947 (14 of 1947) referred this industrial dispute for adjudication to this CGIT-cum-
Labour Court, Lucknow.
2.
The reference under adjudication is:
“WHETHER THE ACTION OF THE MANAGEMENT OF FCI, LUCKNOW IN IMPOSING ALLEGED
IMPUGNED PENALTIES VIDE ORDER DT. 25.03.2010, 26.02.2009, 04.02.2010, 10.09.2008, 21.08.2008
AND 14.09.2009 AGAINST SHRI IRADAT ALI, AG-II/AG.I(D) FAIR AND LEGAL? TO WHAT RELIEF
THE CONCERNED WORKER IS ENTITLED?”
3.
The case of the workman’s Union in brief is that the workmen viz. Shri Iradat Ali had been served upon
various illegal charge sheets and had been imposed upon penalties which are summarized as under:
S. No.
Charge Sheet date
Penalty order date
Penalty imposed
1.
26.08.2009
25.03.2010
Censure
2.
22.09.2008
26.02.2009
Censure
3.
4/9-6-2009
04.02.2010
Recovery of Rs. 4,362/-
4.
31.07.2008/01.08.2008
10.09.2008
Recovery of Rs. 7,000/-
5.
26/29-03-2008
21.08.2008
Recovery of Rs. 5,000/-
[भाग II— ण् ड 3(ii)]
भारत का रािृत्र : िुलाई 23, 2022/श्रावण 1, 1944
1419
The workman’s union has alleged that the opposite party without considering replies of the workman to the
respective charges sheets, has passed impugned orders. The workman’s union hasfurther alleged that the management
had issued impugned orders without following due procedure of natural justice and liable to be set aside with
consequential benefits to the workman.
4.
Per contra, the management of the Food Corporation of India has disputed the claim of the workman’s Union
by filing its written statement wherein it has submitted that the impugned orders are just and legal and same have been
issued after complying with due procedures of the natural justice.
5.
The workman’s Union has filed rejoinder whereby it has only reiterated its averments in the statement of
claim and has not introduced any new fact.
6.
After conclusion of pleadings, the case was fixed for filing of workman’s evidence on affidavit; however, in
the meantime the workman, Iradat Ali filed an application dated 14.10.2021/W-18 forwithdrawal of the industrial
dispute as he is no longer interested to contest the case and prayed to stop/close the proceedings in the present case.
7.
Heard learned counselfor the workman, who stated that the workman is no more interested to pursue his case,
therefore, the proceeding may be dropped accordingly.
8.
The workman in his application W-18 has stated that he does not want to contest the case anymore and has
prayed for stopping/dropping of the proceedings. It is well settled that if a party challenges the legality of an order,
the burden lies upon him to prove illegality of the action of the management and if no evidence is produced by the
party invoking jurisdiction of the Tribunal, his stand must fail. In the instant case the burden was on the workman’s
Union to prove that the action of the management of Food Corporation of India inissuingimpugned orders was illegal
and unjustified. The stand of the workmanwas denied by the management of the Food Corporation of India, therefore,
it was incumbent upon the workman to prove its case with cogent evidence; but the workman does not want to pursue
the present industrial dispute and wants the closure of the same. Accordingly, there is no need to proceed with the
present industrial dispute as grievances of the workmanstand redressed. Thus, the representative of the workmanhas
prayed to pass suitable orders.
9.
Although provisions of withdrawal of suits under Order 23 Rule 1 CPC are not applicable in the matter of
reference under Section 10 of ID Act but, in view of the submission of the counsel for withdrawal of the case, there is
no grievance left with the workman. Resultantly, no relief is required to be given to the workman concerned. The
reference under adjudication is answered accordingly.
10.
Award as above.
LUCKNOW.
07th July, 2022
SOMA SHEKHAR JENA, Presiding Officer
ubZ fnYyh] 21 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/krarz 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 ua- 2 fnYyh ds iapkV ¼lanHkZ la[;k 114@2020½ dks izdkf'kr djrh gSA
[la- ,y-12011@09@2020-vkbZvkj ¼ch-1½]
Mh- xqgk] voj lfpo
New Delhi, the 21st July, 2022
S.O. 689.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 114/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
No.II, Delhi as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12011/09/2020– IR(B-1)]
D.GUHA, Under Secy.
1420
THE GAZETTE OF INDIA : JULY 23, 2022/SRAVANA 1, 1944
[PART II—SEC. 3(ii)]
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT-II, NEW DELHI
Present: Smt. Pranita Mohanty
ID. NO. 114/2020
Shri Ravish Kumar Verma,
Through-Sh. Man Mohan Sood, Regional Secretary,
State Bank of India Staff Association, Region –IV,
Saharanpur, Add: House No. 1B/4181, Street No. 48,
Near Sharda Nagar Chowk, Sharanpur, Uttar Pradesh-247001.
…Workman
Versus
1.
The Regional Manager,
STATE BANK OF INDIA,
Region –IV, Sharanpur, Opp. Thana Sadar,
Saharanpur, Uttar Pradesh-247001.
…Management
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.L-
12011/09/2020(IR(B-I) dated 11.03.2020 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the
Act, for adjudication of a dispute, terms of which are as under:
“Whether the management of State Bank of India is justified in denying the payment of salary in lieu of
recovery of excess paid sum to the workman Shri Ravish Kumar Verma, retired from armed forces and
reemployed with bank? If so, is the bank management free to recover the excess amount paid to the workman
as it deem fit?’’
2.
In the reference order, the appropriate Government commanded the parties raising the dispute to file
statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15 days
of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties involved in
the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the Tribunal.
3.
On receipt of the above reference, notice was sent to the workman as well as the management. Neither the
postal article sent to the claimant, referred above, was received back nor was it observed by the Tribunal that postal
services remained unserved in the period, referred above. Therefore, every presumption lies in favour of the fact that
the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away from the
proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not interested in
adjudication of the reference on merits.
4.
Since the workman has neither put in his appearance nor has he led any evidence so as to prove his cause
against the management, this Tribunal is left with no choice, except to pass a ‘No Dispute/Claim’ award. Let this
award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for
publication.
Date : 10th May, 2022
PRANITA MOHANTY, 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: 2022.07.26 16:52:24 +05'30'