5935 GI/2022

(1667)

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

REGD. NO. D. L. (N) 04/0007/2003—05

xxxGIDHxxx

xxxGIDExxx

ᮧािधकार से ᮧकािशत

PUBLISHED BY AUTHORITY

सा᭡ तािहक

WEEKLY

सं. 37]

नई ᳰद᭨ ली, िसत᭥ बर 11— िसत᭥ बर 17, 2022, शिनवार/ भाᮤ 20— भाᮤ 26, 1944

No. 37] NEW DELHI, SEPTEMBER 11—SEPTEMBER 17, 2022, SATURDAY/BHADRA 20–BHADRA 26, 1944

इस भाग मᱶ िभ᭠ न पृ᭬ ठ सं᭎ या दी जाती है िजससे ᳰक यह पृथक संकलन के ᱨप मᱶ रखा जा सके

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

भाग II—ख᭛ ड 3—उप-ख᭛ ड (ii)

PART II—Section 3—Sub-section (ii)

भारत सरकार के मंᮢालयᲂ (रᭃा मंᮢालय को छोड़कर) ᳇ारा जारी ᳰकए गए सांिविधक आदेश और अिधसूचनाएं

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

(Other than the Ministry of Defence)

िवᱫ मंᮢालय

(िवᱫीय सेवाएं िवभाग)

नई ᳰद᭨ली, 13 िसत᭥ बर, 2022

का.आ. 797.—बीमा िविनयामक और िवकास ᮧािधकरण अिधिनयम, 1999 (1999 का 41) कᳱ धारा 4 ᳇ारा

ᮧदᱫ शिᲦयᲂ का ᮧयोग करते ᱟए, के᭠ᮤीय सरकार, एत᳏ारा, ᮰ी थॉमस एम. देवािसया, तकनीकᳱ िवशेष᭄-वृहत जोिखम

(ऊजाᭅ और अवसंरचना-तटीय और अपतटीय) माशᭅ इं᭫योरᱶस ᮩोकसᭅ इंिडया, कोिᲬ, केरल को पद का कायᭅभार ᮕहण करने

कᳱ तारीख से बासठ वषᭅ कᳱ आयु ᮧा᳙ करने तक अथवा अगले आदेशᲂ तक, जो भी पहले हो, चार लाख ᱧपए ᮧितमाह

(आवास और कार कᳱ सुिवधा के िबना) के समेᳰकत वेतन पैकेज पर भारतीय बीमा िविनयामक और िवकास ᮧािधकरण मᱶ

पूणᭅकािलक सद᭭य (गैर-जीवन) के पद पर िनयुᲦ करती है।

[फा. सं. आर-16011/01/2021-बीमा-I]

सुरजीत काᳶतᭅकेयन, उप सिचव

सी.जी.-डी.एल.-सा.-03102022-239317

CG-DL-W-03102022-239317

1668

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

MINISTRY OF FINANCE

(Department of Financial Services)

New Delhi, the 13th September, 2022

S.O. 797.—In exercise of the powers conferred by section 4 of the Insurance Regulatory and Development

Authority Act, 1999 (41 of 1999), the Central Government hereby appoints Shri Thomas M. Devasia, Technical

Expert-Large Risks [Energy & Infrastructure -On-Shore & Off-Shore], Marsh Insurance Brokers India, Kochi, Kerala

as Whole-time Member (Non-Life) in the Insurance Regulatory and Development Authority of India, on a

consolidated pay package of four lakh rupees per month (without facility of house and car), with effect from the date

of assumption of charge of the post till attaining the age of sixty-two years, or until further orders, whichever is

earlier.

[F. No. R-16011/01/2021-Ins.I]

SURJITH KARTHIKEYAN, Dy. Secy.

िवदेश म᭠ᮢालय

(सी.पी.वी. ᮧभाग)

ubZ fnYyh] 6 flrEcj] 2022

—राजनियक और कᲂसुलीय अिधकारी (शपथ एवं फᳱस) के अिधिनयम, 1948 कᳱ धारा 2 के खंड

(क) के अनुसरण मᱶ वैधािनक आदेश ।

एत᳏ारा, कᱶᮤ सरकार भारत के ᮧधान कᲂसलावास, जे᳎ाह मᱶ ᮰ी हषᭅ वधᭅन स᭜य ᮧकाश, वᳯर᳧ सिचवालय सहायक को

ᳰदनांक 06 िसत᭥बर,

2

202

से सहायक कᲂसुलर अिधकारी के तौर पर कᲂसुलर सेवाᲐ के िनवᭅहन के िलए ᮧािधकृत करती

है।

[फा. सं. टी-4330/01/2022(34)]

एस. आर.एच. फहमी] उप सिचव (कांसुलर)

MINISTRY OF EXTERNAL AFFAIRS

(CPV Division)

New Delhi, the 6th September, 2022

S.O. 798.—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular

Officers (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri Harsha Wardhan

Satya Prakash, Senior Secretariat Assistant as Assistant Consular Officer in Consulate General of India, Jeddah to

perform the Consular services with effect from September 6, 2022.

[F. No. T-4330/01/2022(34)]

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

िव᳒ुत मंᮢालय

नई ᳰद᭨ली, 7 िसत᭥बर, 2022

—कᱶᮤीय सरकार, राजभाषा (संघ के शासकᳱय ᮧयोजनᲂ के िलए ᮧयोग) िनयम, 1976 के

िनयम 10 के उप िनयम (4) के अनुसरण मᱶ िव᳒ुत मंᮢालय के ᮧशासिनक िनयंᮢणाधीन पावर िᮕड कापᲃरेशन ऑफ इंिडया

िलिमटेड के िन᳜िलिखत कायाᭅलयᲂ, िजनके 80 ᮧितशत कमᭅचारीवृंद ने ᳲहंदी का कायᭅसाधक ᭄ान ᮧा᳙ कर िलया है, को

एतद᳇ारा अिधसूिचत करती है:

1.

पावर िᮕड कापᲃरेशन ऑफ इंिडया िलिमटेड,

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1669

220 केवी दालकोला उपकᱶᮤ,

दालकोला, िजला-उᱫर ᳰदनाजपुर,

पि᳟म बंगाल-733201

2.

पावर िᮕड कापᲃरेशन ऑफ इंिडया िलिमटेड,

220/132 केवी बीरपाड़ा उपकᱶᮤ,

मदारी रोड, पो.- बीरपाड़ा,

िजला- जलपाईगुड़ी,

पि᳟म बंगाल-735204

[फा. सं. 11011/05/9/2022-ᳲहंदी]

िवशाल कपूर, संयुᲦ सिचव (रा.भा.)

MINISTRY OF POWER

New Delhi, the 7th September, 2022

S.O. 799.—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 notify the following offices of Power Grid Corporation of

India Limited under the administrative control of Ministry of Power, where 80% of the staff have acquired working

knowledge of Hindi:

1.

Power Grid Corporation of India Limited,

220KV Dalkhola Substation,

Dalkhola, Dist- Uttar Dinajpur,

West Bengal-733201

2

Power Grid Corporation of India Limited,

220/132 KV Birpara S/S, Madari Road,

PO-Birpara, Dist.-Jalpaiguri,

West Bengal- 735204

[F. No. 11011/05/9/2022-Hindi]

VISHAL KAPOOR, Jt. Secy. (O.L.)

कोयला मंᮢालय

नई ᳰद᭨ली, 14 िसत᭥बर, 2022

का.आ. 800.— के᭠ᮤीय सरकार, कोयला धारक ᭃेᮢ (अजᭅन और िवकास) अिधिनयम, 1957 (1957 का 20),

(िजसे इसमᱶ इसके प᳟ात उᲦ अिधिनयम कहा गया है) कᳱ धारा 7 कᳱ उपधारा

)

1

(

के अधीन जारी भारत सरकार के

कोयला मंᮢालय कᳱ अिधसूचना सं᭎यांक का.आ. 2789(अ), तारीख 17 जून, 2022 ᳇ारा जो भारत के राजपᮢ,

असाधारण, भाग II, खंड 3, उपखंड (ii), तारीख 17 जून, 2022 मᱶ ᮧकािशत कᳱ गई थी, उᲦ अिधसूचना से संलᲨ

अनुसूची मᱶ िविन᳸दᭅ᳥ पᳯरᭃेᮢ मᱶ 9.624 हे᭍टर (लगभग) या 23.780 एकड़ (लगभग) माप वाली भूिम मᱶ और ऐसी भूिम

मᱶ या उस पर के सभी अिधकारᲂ के अजᭅन करने के अपने आशय कᳱ सूचना दी थी;

और, सᭃम ᮧािधकारी ने उᲦ अिधिनयम कᳱ धारा 8 के अनुसरण मᱶ के᭠ᮤीय सरकार को अपनी ᳯरपोटᭅ दे दी है;

और, के᭠ᮤीय सरकार का, पूवᲄᲦ ᳯरपोटᭅ पर िवचार करने के प᳟ात् और ओिडशा सरकार से परामशᭅ करने के

प᳟ात, यह समाधान हो गया है ᳰक इससे संलᲨ अनुसूची मᱶ यथा वᳶणᭅत 9.624 हे᭍टर (लगभग) या 23.780 एकड़

(लगभग) माप वाली भूिम और ऐसी भूिम मᱶ या उस पर के सभी अिधकार अᳶजᭅत ᳰकए जाने चािहए;

अतः, अब, के᭠ᮤीय सरकार, उᲦ अिधिनयम कᳱ धारा 9 कᳱ उपधारा (1) ᳇ारा ᮧदᱫ शिᲦयᲂ का ᮧयोग करते ᱟए,

यह घोषणा करती है कᳱ, अनुसूची मᱶ वᳶणᭅत 9.624 हे᭍टर (लगभग) या 23.780 एकड़ (लगभग) माप वाली भूिम मᱶ या

उस पर के सभी अिधकार अᳶजᭅत ᳰकए जाते है;

1670

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

इस अिधसूचना के अंतगᭅत आने वाले ᭃेᮢ के रेखांक सं᭎या एमसीएल /एसए / एसबीओसीपी/जीपी(ड᭣᭨यू)-

एलओ/9(1)/2022/23, तारीख 21 जुलाई,

2

202 का िनरीᭃण कले᭍टर, िजला अंगुल, ओिडशा - 759122 के कायाᭅलय

मᱶ या कोयला िनयंᮢक, कोयला िनयंᮢक का कायाᭅलय, कोयला मंᮢालय, ᭭कोप मीनार, 5th ᭢लोर, कोर- 2, ल᭯मी नगर,

ᳰद᭨ली- 110092 के कायाᭅलय मᱶ या िनदेशक (काᳶमᭅक), महानदी कोलफᳱ᭨᭙स िलिमटेड, जागृित िवहार, बुलाᭅ, िजला

स᭥बलपुर- 768020, ओिडशा के कायाᭅलय मᱶ ᳰकया जा सकता है।

अनुसूची

गोपाल ᮧसाद ( पि᳟म) कोल ᭣लॉक

(िजला-अंगुल,रा᭔य - ओिड़शा )

[ रेखांक सं᭎या एमसीएल/एसए/एसबीओसीपी/जीपी(ड᭣᭨यू)-एलओ/9(1)/2022/23,तारीख 21 जुलाई, 2022]

सभी अिधकार:

सुभᮤा ओपन का᭭ट पᳯरयोजना (25 िमिलयन टन ᮧितवषᭅ ) के िलए उ᭜कल- ए कᳱ अिधसूिचत सीमा के अधीन पूवᭅ मᱶ आने

वाले बचे ᱟए ᭡लॉट और गोपालᮧसाद (पि᳟म) कोल ᭣लॉक के भीतर और ᭡लॉट ᭃेᮢ संबंधी ᮧ᭭तािवत ᭃेᮢ कᳱ भूिम के

᭣यौरे ।

ᮓम

सं.

ᮕाम

का

नाम

कोयला ᭣लॉक का नाम

ᮕाम

का

सं᭎यांक

थाना

तहसील

िजला

अजᭅन

ᳰकए जाने

वाला ᭃेᮢ

(एकड़ मᱶ)

ᳯट᭡पणी

1.

छोटाबेरेनी

गोपालᮧसाद (पि᳟म)

172

िनशा

छᱶदीपदा

अंगुल

23.780

पूणᭅ

कुल ᭃेᮢ :

23.780

कुल ᭃेᮢ: 23.780 एकड़ (लगभग) या 9.624 हे᭍टर (लगभग).

ᮕाम छोटाबेरेनी मᱶ अᳶजᭅत ᳰकए गए ᭡लॉट सं᭎यांक:

1. छोटाबेरेनी :

84/382, 84/384(भाग), 84/385(भाग), 84/386(भाग), 84/386/482, 84/386/482/510, 84/386/483,

84/386/483/511, 84/391, 84/391/480, 84/391/480/762, 84/392, 84/393, 84/396(भाग), 85/500 और

85/509(भाग).

सीमा िववरण :

छोटाबेरेनी ᮕाम के सभी बचे ᱟए ᭡लॉट उ᭜कल- ‘ए’ कोयला ᭣लॉक कᳱ पूवᭅ अिधसूिचत सीमा के भीतर हᱹ, वतᭅमान मᱶ यह

गोपालᮧसाद (पि᳟म) कोयला ᭣लॉक अथाᭅत क-ख-ग-घ-ङ-च-छ-ज-झ-ञ-ट-ठ-क कᳱ सीमा के भीतर आता है।

रेखा क–ख: रेखा िब᭠दु ‘क’ से ᮧार᭥भ होती है जो ᮕाम छोटाबेरेनी कᳱ ᭡लॉट सं᭎या- 84 पर ि᭭थत है। इसके बाद यह ᮕाम

छोटाबेरेनी के ᭡लॉट सं᭎या 84, 389, 338, 150, 123 के साथ दिᭃण ᳰदश कᳱ ओर बढ़ती है। इसके बाद

᭡लॉट सं᭎या 2325, 2365, 2368 ᮕाम कᲅिसᳰढप का, ᳰफर ᮕाम कंकरेई के ᭡लॉट सं᭎या 736, 1688,

1748, 1837, 2441, 2067, 2096, 2077 और ᭡लॉट सं᭎या 2065 तक, जहां ᳲबंदु ‘ख’ ि᭭थत है।

रेखा ख-ग : रेखा ᮕाम कंकरेई के ᭡लॉट सं᭎या

2065

पर ि᭭थत

िब᭠दु ‘ख’ से ᮧार᭥भ होती है, ᳰफर यह ᮕाम कंकरेई के

᭡लॉट सं᭎या 2081 और ᮕाम बालीच᭠ᮤपुर के ᭡लाट सं᭎या 215, 363 और ᭡लाट सं᭎या 1853 तक कᳱ

पूवᭅ ᳰदशा कᳱ ओर से चलती है। यह िब᭠दु ‘ग’ के ᮕाम बालीच᭠ᮤपुर के ᭡लॉट सं᭎या 853 पर ि᭭थत है।

रेखा ग–घ : रेखा ᮕाम बालीचंᮤपुर के ᭡लॉट सं᭎या 853 पर ि᭭थत िब᭠दु ‘ग’ से ᮧार᭥भ होती है और यह बालीचंᮤपुर के

᭡लॉट सं᭎या 363, 155, 103 के साथ ही ᮕाम पीरखमन के ᭡लॉट सं᭎या 824 तक उᱫर ᳰदशा कᳱ ओर

बढ़ती है। यह ᳲबंदु 'घ' ᮕाम िपरखमन के ᭡लॉट सं᭎या 824 पर ि᭭थत है।

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1671

रेखा घ–ङ : रेखा िब᭠दु ‘घ’ से ᮧार᭥भ होती है जोᳰक ᮕाम िपरखमन के ᭡लॉट सं᭎या 681, 398, 267, 145 और 175 के

साथ उᱫर-पूवᭅ ᳰदशा ᳰक ओर बढ़ती है और ᮕाम कंकरेई के ᭡लॉट सं᭎या 1089 से ᮕाम भालुगिड़या के ᭡लॉट

सं᭎या 2049 तक है। यह ᳲबंदु ‘ङ’ ᮕाम भालुगिड़या के ᭡लॉट सं᭎या 2049 पर ि᭭थत है।

रेखा ङ–च: रेखा िब᭠दु ‘ङ. से ᮧार᭥भ होती है और ᳲसंगड़ा जोर नाला के उᱫर ᳰकनारे तक ᮕाम भालुगिड़या के ᭡लॉट

सं᭎या 2049, 2028, 1841, 630, 802, 221, 479, 378, 283, 286 के साथ उᱫर-पूवᭅ ᳰदशा ᳰक ओर

िब᭠दु ‘च’ तक िमलती है।

रेखा च–छ : रेखा ᳲबंदु ‘च’ से ᮧार᭥भ होती है और ᳲसंगाडा जोर नाला के साथ पि᳟म ᳰदशा कᳱ ओर बढ़ती है जो ᳲबंदु 'छ’

तक िमलती है।

रेखा छ–ज: रेखा ᳲबंदु 'छ’ से ᮧार᭥भ होती है और ᳲसंगाडा जोर नाला के साथ पि᳟म ᳰदशा कᳱ ओर ᳲबंदु 'ज' तक िमलती

है।

रेखा ज–झ: रेखा िब᭠दु 'ज' से ᮧार᭥भ होती है, जो ᮕाम भालुगिड़या और ᳲसंगाडा जोर नाला के ᭡लॉट सं᭎या 1785 के

साथ पि᳟म ᳰदशा कᳱ ओर िब᭠दु “झ” तक िमलती है।

रेखा झ–ञ: रेखा िब᭠दु 'झ' से ᮧार᭥भ होकर ᮕाम कुमुंडा के ᭡लॉट सं᭎या 992, 956, 967, 974 और ᮕाम कांकरेई के

᭡लॉट सं᭎या 4 और 2 के साथ पि᳟म ᳰदशा कᳱ ओर बढ़ती है और ᮕाम कंकरेई के जयपुर आरिᭃत वन और

᭡लॉट सं᭎या 16 को पार करते ᱟए ᮕाम छोटाबेरेनी के ᭡लॉट सं᭎या 392 तक, िब᭠दु ‘ञ’ से िमलती है।

रेखा ञ–ट: रेखा ᮕाम छोटाबेरेनी के ᭡लॉट सं᭎या 392 के ऊपर ि᭭थत िब᭠दु 'ञ' से ᮧार᭥भ होती है और ᮕाम छोटाबेरनी

के ᭡लॉट सं᭎या 632 और 631 तक उᱫर ᳰदशा ᳰक ओर ᭡लॉट सं᭎या 383 ᳰक ओर बढ़ते ᱟए िब᭠दु ‘ट’ पर

िमलती है।

रेखा ट–ठ: रेखा ᮕाम छोटाबेरेनी के ᭡लॉट सं᭎या 383 के ऊपर ि᭭थत िब᭠दु 'ट' से ᮧार᭥भ होती है और ᮕाम कᳱ सीमा के

ᳰकनारे ᮕाम छोटाबेरेनी के ᭡लॉट सं᭎या 84 तक ᳲसंगडा जोर नाला के ᳰकनारे उᱫर ᳰदशा कᳱ ओर होते ᱟए

िब᭠दु ‘ठ’ पर िमलती है।

रेखा ठ–क: रेखा ᮕाम ᳲबंदु 'ठ' से ᮧार᭥भ होती है जो ᮕाम छोटाबेरेनी कᳱ सीमा के ᳰकनारे से होते ᱟए ᭡लॉट सं᭎या 84

पर ि᭭थत है, जो ᳲबंदु 'क' तक ᮕाम छोटाबेरेनी कᳱ सीमा के ᳰकनारे पि᳟म ᳰदशा कᳱ ओर बढ़ती है।

[फा. सं. 43015/16/2021-एलएए᭛डआईआर]

राम िशरोमिण सरोज, िनदेशक

MINISTRY OF COAL

New Delhi, the 14th September, 2022

S.O. 800.—Whereas by the notification of the Government of India in the Ministry of Coal, number S.O.

2789(E), dated the 17th June, 2022, 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 17th June 2022, the Central Government gave notice of its

intention to acquire the land measuring 9.624 hectares (approximately) or 23.780 acres (approximately) 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 aforesaid report and after consulting to the

Government of Odisha, is satisfied that the lands measuring 9.624 hectares (approximately) or 23.780 acres

(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 land measuring 9.624 hectares (approximately) or 23.780 acres

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

The plan bearing number MCL/SA/SBOCP/GP(W)-LO/9(1)/2022/23, dated the 21st July, 2022 of the area

covered by this notification may be inspected at the office of the Collector, District Angul, Odisha-759122 or at the

office of the Coal Controller, Coal Controller’s Organisation, Ministry of Coal, Scope Minar, 5th Floor, Core-II, Laxmi

1672

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

Nagar, Delhi- 110092 or at the office of the Director (Personnel), Mahanadi Coalfields Limited, Post Office - Jagruti

Vihar, Burla, District Sambalpur-768020, Odisha.

SCHEDULE

Gopalprasad (West) Coal Block

(District- Angul, State- Odisha)

[Plan bearing number: MCL/SA/SBOCP/GP(W)-LO/9(1)/2022/23, dated the 21st July, 2022]

All Rights:

Land details of proposed area towards left over plots and plot areas within Gopalprasad (West) coal block falling

earlier under notified boundary of Utkal-A for Subhadra Open Cast Project (25 million tonne per year).

Sl.

No.

Name of

Village

Name of the coal

block

Village

number

Thasna

Tahasil

District

Area

acquired

(in acres)

Remark

1.

Chhota-bereni

Gopalprasad (West)

172

Nisha

Chhendipada

Angul

23.780

Full

Total area:

23.780

Total area : 23.780 acres (approximately) or 9.624 hectares (approximately).

Plot numbers acquired in the village Chhotabereni:

84/382, 84/384(P), 84/385(P), 84/386(P), 84/386/482, 84/386/482/510, 84/386/483, 84/386/483/511, 84/391,

84/391/480, 84/391/480/762, 84/392, 84/393, 84/396(P), 85/500 and 85/509(P).

Boundary Description:

All the left over plots and plot areas of village Chhotabereni are within the earlier notified boundary

of Utkal-A coal block, presently comes within the block boundary of Gopalprasad (West) coal block i.e A-B-C-

D-E-F-G-H-I-J-K-L-A.

Line A-B: The line starts from point ‘A’, which is situated at plot number 84 of village Chhotabereni. Then it moves

towards south direction along the plot numbers 84, 389, 338, 150 and 123 of village Chhotabereni, then

plot numbers 2325, 2365 and 2368 of village Kaunsidhipa, then plot numbers 736, 1688, 1748, 1837,

2441, 2067, 2096, 2077 and up to the plot number 2065 of village Kankarei, where point ‘B’ is situated.

Line B-C: The line starts from point ‘B’, which is situated on the plot number 2065 of the village Kankarei, then it

runs towards east direction along the plot number 2081 of village Kankarei and plot numbers 215, 363

and up to plot number 853 of village Balichandrapur. The point ‘C’ is situated over the plot number 853

of the village Balichandrapur.

Line C-D: The line starts from point ‘C’, which is situated on the plot number 853 of the village Balichandrapur and

it moves towards the north direction along the plot numbers 363, 155, 103 of Balichandrapur up to plot

number 824 of village Pirakhaman. The point ‘D’ is situated over the plot number 824 of village

Pirakhaman.

Line D-E: The line starts from point ‘D’ and moves towards north-east direction along the plot numbers 681, 398,

267, 145 and 175 of village Pirakhaman and plot number 1089 of village Kankarei up to the plot number

2049 of village Bhalugadia. The point ‘E’ is situated over the plot number 2049 of village Bhalugadia.

Line E-F: The line starts from point ‘E’ and moves towards north-east direction along the plot numbers 2049, 2028,

1841, 630, 802, 221, 479, 378, 283 and 286 of village Bhalugadia up to point ‘F’ at the north bank of

Singada Jore Nallah.

Line F-G: The line starts from point ‘F’ and moves towards west direction along the Singada Jore Nallah up to point

‘G’.

Line G-H: The line starts from point ‘G’ and moves towards west direction along the Singada Jore Nallah up to

point ‘H’.

Line H-I: The line starts from point ‘H’ and moves towards west direction along the plot number 1785 of village

Bhalugadia and Singada Jore Nallah up to point ‘I’.

Line I-J:

The line starts from point ‘I’ and moves towards west direction along the plot numbers 992, 956, 967 and

974 of village Kumunda and plot numbers 4 and 2 of village Kankarei and crossing the Jaipur reserve

forest and plot number 16 of village Kankarei up to point ‘J’ at plot number 392 of village Chhotabereni.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1673

Line J-K: The line starts from point ‘J’, which is situated over the plot number 392 of village Chhotabereni and

moves towards north direction along the plot numbers 632 and 631 up to point ‘K’ at plot number 383 of

village Chhotabereni.

Line K-L: The line starts from point ‘K’, which is situated over the plot number 383 of village Chhotabereni and

runs towards north direction along the bank of Singada Jore Nallah up to point ‘L’ at plot number 84 of

village Chhotabereni across the edge of village boundary.

Line L-A: The line starts from point ‘L’, which is situated on the plot number 84 in the edge of village boundary of

Chhotabereni, moves towards west direction across the edge of village boundary of Chhotabereni up to

point ‘A’.

[F. No. 43015/16/2021-LA&IR ]

RAM SHIROMANI SAROJ, Director

नई ᳰद᭨ली, 14 िसत᭥बर, 2022

का.आ. 801.— के᭠ᮤीय सरकार को यह ᮧतीत होता है ᳰक इससे उपाब᳍ अनुसूची मᱶ वᳶणᭅत पᳯरᭃेᮢ कᳱ भूिम मᱶ

से कोयला अिभᮧा᳙ होने कᳱ संभावना है ;

और उᲦ अनुसूची मᱶ वᳶणᭅत भूिम के ᭃेᮢ मᱶ अंतᳶवᭅ᳥ करने वाला रेखांक सं᭎यांक आरईवी/08/2022, तारीख 26

जुलाई, 2022 का िनरीᭃण सᱶᮝल कोलफᳱ᭨᭙स िलिमटेड (भूिम और राज᭭व िवभाग), दरभंगा हाउस, राँची – 834029

(झारख᭛ड) के कायाᭅलय मᱶ या महाᮧबंधक, सᱶᮝल कोलफᳱ᭨᭙स िलिमटेड, अरगड़ा ᭃेᮢ, िजला रामगढ़ (झारख᭛ड) के

कायाᭅलय मᱶ या उपायुᲦ, िजला रामगढ़ (झारखंड) के कायाᭅलय मᱶ या महाᮧबंधक (खोज ᮧभाग) आर.आई.-III, के᭠ᮤीय

खान योजना एवं िडजाईन सं᭭थान िलिमटेड, गᲂडवाना पैलेस, कांके रोड, राँची (झारखंड) के कायाᭅलय मᱶ या कोयला

िनयंᮢक, 1, काउंिसल हाउस ᭭ᮝीट, कोलकाता- 700001 के कायाᭅलय मᱶ ᳰकया जा सकता है;

अतः अब, के᭠ᮤीय सरकार, कोयला धारक ᭃेᮢ (अजᭅन और िवकास) अिधिनयम, 1957 (1957 का 20) (िजसे

इसमᱶ इसके प᳟ात उᲦ अिधिनयम कहा गया है) कᳱ धारा 4 कᳱ उप-धारा (1) ᳇ारा ᮧदᱫ शिᲦयᲂ का ᮧयोग करते ᱟए,

उᲦ अनुसूची मᱶ वᳶणᭅत भूिम मᱶ कोयले का पूवᱷᭃण करने के अपने आशय कᳱ सूचना देती है ;

उᲦ अनुसूची मᱶ वᳶणᭅत भूिम मᱶ िहतब᳍ कोई ᳞िᲦ --

(i)

उᲦ अिधिनयम कᳱ धारा 4 कᳱ उप-धारा (3) के अधीन कᳱ गई कारᭅवाई से ᱟई ᭃित या संभािवत ᭃित के

िलए उᲦ अिधिनयम कᳱ धारा 6 के अधीन ᮧितकर का दावा कर सकेगा; या

(ii) उᲦ अिधिनयम कᳱ धारा 13 कᳱ उप - धारा (1) के अधीन समा᳙ हो गई पूवᱷᭃण अनु᭄ि᳙यो के संबंध मᱶ या

उᲦ अिधिनयम कᳱ धारा 13 कᳱ उप - धारा (4) के अधीन समा᳙ हो गये खनन पᲵे के िलए ᮧितकर का

दावा कर सकेगा और उᲦ अिधिनयम कᳱ धारा 13 कᳱ उपधारा (1) के ख᭛ड (i) से खंड (iv) मᱶ िविन᳸दᭅ᳥

मदᲂ के संबंध मे उपगत ᳞य को उपदᳶशᭅत करने के िलए पूवᲃᲦ भूिम से संबंिधत सभी मानिचᮢᲂ, सारिणयᲂ

और अ᭠य द᭭तावेजᲂ को,

इस अिधसूचना के राजपᮢ मᱶ ᮧकाशन कᳱ तारीख से न᭣बे ᳰदनᲂ के भीतर महाᮧबंधक, सᱶᮝल कोलफᳱ᭨᭙स

िलिमटेड, अरगड़ा ᭃेᮢ, िजला रामगढ़ (झारखंड) या महाᮧबंधक, सᱶᮝल कोलफᳱ᭨᭙स िलिमटेड, भूिम और राज᭭व िवभाग,

दरभंगा हाउस, राँची – 834029 (झारख᭛ड) को सुपुदᭅ करेगा ।

1674

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

अनुसूची

िसरका ओसीपी (1.5 िमिलयन टन ᮧितवषᭅ )

िजला - रामगढ़ (झारख᭛ड)

[ रेखांक सं᭎यांक आरईवी/ 08/ 2022, तारीख 26 जुलाई, 2022 ]

᭣लॉक

ᮕाम

थाना

सं.

अंचल

अथवा

थाना

िजला

अजᭅन के अधीन रकबा

ᳯट᭡पणी

( एकड़ मᱶ )

( हे᭍टेयर मᱶ )

ए

िसरका

136

रामगढ़

रामगढ़

96.15

38.91

भाग

बी

िसरका

136

रामगढ़

रामगढ़

127.73

51.69

भाग

सी

िसरका

136

रामगढ़

रामगढ़

1.15

0.47

भाग

डी

िसरका

136

रामगढ़

रामगढ़

2.54

1.03

भाग

ई

िसरका

136

रामगढ़

रामगढ़

0.02

0.01

भाग

एफ

िसरका

136

रामगढ़

रामगढ़

1.98

0.80

भाग

कुल रकबा (ए+बी+सी+डी+ई+एफ़):

229.57

एकड़

(लगभग)

92.91 हे᭍टेयर

(लगभग)

सीमा वणᭅन :

᭣लॉक

सीमा रेखा

सीमा वणᭅन

ए

ए1- ए 2- ए 3- ए 4- ए 5-ए6–ए7-ए8-

ए9-ए10-ए11-ए12-ए13-ए14-ए15-

ए16-ए17-ए18- ए19- ए20- ए21-

ए22- ए23- ए24- ए25- ए26- ए27- ए1.

रेखा िब᭠दु ‘ए1’ से आरंभ होकर ए2, ए3, ए4, ए5, ए6, ए7,

ए8, ए9, ए10, ए11, ए12, ए13, ए14, ए15, ए16, ए17,

ए18, ए19, ए20, ए21, ए22, ए23, ए24, ए25, ए26, ए27

से गुजरते ᱟए और आरंिभक िब᭠दु ‘ए1’ पर िमलती है।

बी

बी1 - बी2 - बी3 - बी4 - बी5 - बी6 –

बी7 - बी8 - बी9 - बी10 - बी11 -बी12 -

बी13 - बी14 - बी15 - बी16 - बी17 -

बी18 - बी19 - बी20 - बी21 - बी22 -

बी23 - बी24 - बी25 - बी26 - बी27 -

बी28 - बी29 - बी30 - बी31 - बी32 -

बी33 - बी34 - बी 35 - बी36 – बी37 -

बी38 -बी39 - बी40 - बी41- बी42 –

बी43 - बी44 - बी45 - बी46 - बी47 -

बी48 – बी49 - बी50 - बी51 - बी52 -

रेखा िब᭠दु ‘बी1’ से आरंभ होकर बी2, बी3, बी4, बी5, बी6,

बी7, बी8, बी9, बी10, बी11, बी12, बी13, बी14, बी15,

बी16, बी17, बी18, बी19, बी20, बी21, बी22, बी23,

बी24, बी25, बी26, बी27, बी28, बी29, बी30, बी31,

बी32, बी33, बी34, बी35, बी36, बी37, बी38, बी39,

बी40, बी41, बी42, बी43, बी44, बी45, बी46, बी47,

बी48, बी49, बी50, बी51, बी52, बी53, बी54, बी55,

बी56, बी57, बी58, बी59, बी60, बी61, बी62, बी63,

बी64, बी65, बी66, बी67, बी68, बी69, बी70, बी71,

बी72, बी73, बी74, बी75, बी76, बी77, बी78, बी79 से

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1675

बी53 - बी54 – बी55 - बी56 – बी57 –

बी58 – बी59 – बी60 – बी61 – बी62 –

बी63 – बी64 – बी65 – बी66 – बी67 –

बी68 – बी69 – बी70 – बी71 – बी72 –

बी73 – बी74 – बी75 – बी76 – बी77 –

बी78 – बी79 - बी1.

गुजरते ᱟए और आरंिभक िब᭠दु ‘बी1’ पर िमलती है।

सी

सी1 - सी2 - सी3 - सी4 - सी5 – सी1.

रेखा िब᭠दु ‘सी1’ से आरंभ होकर िब᭠दु सी2, सी3, सी4, सी5

से गुजरते ᱟए और आरंिभक िब᭠दु ‘सी1’ पर िमलती है ।

डी

डी1 - डी2 - डी3 - डी4 - डी5 - डी6 –

डी7 - डी8 - डी9 - डी10 - डी1.

रेखा िब᭠दु ‘डी1’ से आरंभ होकर िब᭠दु डी2, डी3, डी4, डी5,

डी6, डी7, डी8, डी9, डी10 से गुजरते ᱟए और आरंिभक िब᭠दु

‘डी1’ पर िमलती है।

ई

ई1 - ई2 - ई3 – ई1.

रेखा िब᭠दु ‘ई1’ से आरंभ होकर िब᭠दु ई2, ई3 से गुजरते ᱟए

और आरंिभक िब᭠दु ‘ई1’ पर िमलती है।

एफ

एफ1 - एफ2 - एफ3 - एफ4 - एफ5 -

एफ6 – एफ7- एफ1.

रेखा िब᭠दु ‘एफ1’ से आरंभ होकर िब᭠दु एफ2, एफ3, एफ4,

एफ5, एफ6, एफ7 से गुजरते ᱟए और आरंिभक िब᭠दु ‘एफ1’

पर िमलती है ।

[फा. सं. 43015/12/2022-एलए ए᭛ड आईआर]

राम िशरोमिण सरोज, िनदेशक

New Delhi, the 14th September, 2022

S.O. 801.—Whereas, it appears to the Central Government that coal is likely to be obtained from the land in

the locality described in the Schedule annexed hereto;

And, whereas, the plan bearing number Rev/08/2022, dated the 26th July, 2022, containing details of the areas

of land described in the said Schedule may be inspected at the office of the Central Coalfields Limited (Land and

Revenue Department), Darbhanga House, Ranchi- 834029 (Jharkhand) or at the office of the General Manager,

Central Coalfields Limited, Argada Area, District Ramgarh (Jharkhand) or at the office of the Deputy commissioner,

District Ramgarh (Jharkhand) or at the office of the General Manager (Exploration Division), RI- III, Central Mine

Planning and Design Institute, Gondwana Palace, Kanke Road, Ranchi (Jharkhand) or at the office of the Coal

Controller, 1, Council House Street, Kolkata- 700 001;

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

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

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

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

(i)

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

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

(ii)

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

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

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

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

of section 13 of the said Act,

to the office of the General Manager, Central Coalfields Limited, Argada Area, District Ramgarh (Jharkhand) or

General Manager, Central Coalfields Limited, Land and Revenue Department, Darbhanga House, Ranchi- 834029

(Jharkhand) within a period of ninety days from the date of publication of this notification in the Official Gazette.

1676

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

SCHEDULE

SIRKA OCP (1.5 MILLION TONNE PER YEAR)

DISTRICT- RAMGARH (JHARKHAND)

[ plan bearing number Rev/08/2022, dated the 26th July, 2022 ]

Block

Village

Thana

number

Circle or

Thana

District

Area under acquisition

Remarks

(in acres)

(in hectares)

A

Sirka

136

Ramgarh

Ramgarh

96.15

38.91

Part

B

Sirka

136

Ramgarh

Ramgarh

127.73

51.69

Part

C

Sirka

136

Ramgarh

Ramgarh

1.15

0.47

Part

D

Sirka

136

Ramgarh

Ramgarh

2.54

1.03

Part

E

Sirka

136

Ramgarh

Ramgarh

0.02

0.01

Part

F

Sirka

136

Ramgarh

Ramgarh

1.98

0.80

Part

Total Area (A+B+C+D+E+F):

229.57

acres

(approxi-

mately)

92.91

hectares

(approxi-

mately)

Boundary Description :

Block

Boundary Line

Boundary Description

A

A1–A2–A3–A4–A5–A6-A7-A8-A9-A10-A11-

A12-A13-A14-15-A16-A17-A18-A19-A20-

A21-A22-A23-A24-A25-A26-A27-A1.

Line starts from point ‘A1’ and passes through points

A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12,

A13, A14, A15, A16, A17, A18, A19, A20, A21,

A22, A23, A24, A25, A26, A27 and meets at starting

point ‘A1’.

B

B1-B2-B3-B4-B5-B6-B7-B8-B9-B10-B11-B12-

B13-B14-B15-B16-B17-B18-B19-B20-B21-

B22-B23-B24-B25-B26-B27-B28-B29-B30-

B31-B32-B33-B34-B35-B36-B37-B38-B39-

B40-B41-B42-B43-B44-B45-B46-B47-B48-

B49-B50-B51-B52-B53-B54-B55-B56-B57-

B58-B59-B60-B61-B62-B63-B64-B65-B66-

B67-B68-B69-B70-B71-B72-B73-B74-B75-

B76-B77-B78-B79- B1

Line starts from point ‘B1’ and passes through points

B2, B3, B4, B5, B6, B7, B8, B9, B10, B11, B12, B13,

B14, B15, B16, B17, B18, B19, B20, B21, B22, B23,

B24, B25, B26, B27, B28, B29, B30, B31, B32, B33,

B34, B35, B36, B37, B38, B39, B40, B41, B42, B43,

B44, B45, B46, B47, B48, B49, B50, B51, B52, B53,

B54, B55, B56, B57, B58, B59, B60, B61, B62, B63,

B64, B65, B66, B67, B68, B69, B70, B71, B72, B73,

B74, B75, B76, B77, B78, B79 and meets at starting

point ‘B1’.

C

C1-C2-C3-C4-C5-C1.

Line starts from point ‘C1’ and passes through points

C2, C3, C4, C5 and meets at starting point ‘C1’.

D

D1-D2-D3-D4-D5-D6-D7-D8-D9-D10-D1.

Line starts from point ‘D1’ and passes through points

D2, D3, D4, D5, D6, D7, D8, D9, D10 and meets at

starting point ‘D1’.

E

E1-E2-E3-E1.

Line starts from point ‘E1’ and passes through points

E2, E3 and meets at starting point ‘E1’.

F

F1-F2-F3-F4-F5-F6-F7-F1.

Line starts from point ‘F1’ and passes through points

F2, F3, F4, F5, F6, F7 and meets at starting point

‘F1’.

[F. No. 43015/12/2022-LA &IR ]

RAM SHIROMANI SAROJ, Director

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1677

᮰म और रोजगार मंᮢालय

नई ᳰद᭨ली, 12 जुलाई, 2022

का.आ. 802.—औ᳒ोिगक िववाद अिधिनयम, 1947 (1947 का 14) कᳱ धारा 17 के अनुसरण मᱶ, के᭠ᮤीय

सरकार अ᭟यᭃ एवं ᮧबंध िनदेशक, भारत संचार िनगम िलिमटेड,भारत संचार भवन, हरीश चंᮤ, माथुर लेन, जनपथ, नई

ᳰद᭨ली, ᮰ीमती नेहा ᳲसंह, अवर सिचव, एसईए-ि᳇तीय, दूरसंचार िवभाग, 521, संचार भवन, 20 अशोक रोड,नई

ᳰद᭨ली,के ᮧबंधतंᮢ के संब᳍ िनयोजकᲂ और ᮰ीमती ल᭯मी ढᱭगरा, कामगार, के बीच अनुबंध मᱶ िन᳸दᭅ᳥ के᭠ᮤीय सरकार

औ᳒ोिगक अिधकरण- सह- ᮰म ᭠यायालय-2 नई ᳰद᭨ली पंचाट(संदभᭅ सं᭎या 109/2021) को जैसा ᳰक अनुलᲨक मᱶ

ᳰदखाया गया है,ᮧकािशत करती है जो के᭠ᮤीय सरकार को सॉ᭢ट कॉपी के साथ 12.07.2022 को ᮧा᳙ ᱟआ था l

[सं. एल- 42025-07-2022-22- आईआर-(डीयू)]

डी. के. िहमांशु, अवर सिचव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 12th July, 2022

S.O. 802.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 109/2021) of the Central Government Industrial Tribunal cum

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

The Chairman & Managing Director,Bharat Sanchar Nigam Ltd.Bharat Sanchar Bhawan, Harish Chandra,Mathur

Lane, Janpath, New Delhi,;Smt. Neha Singh, Under-Secretary, SEA-II,Department of Telecommunications,521,

Sanchar Bhawan, 20 Ashoka Road,New Delhi, and Smt. Laxmi Dhingra, worker which was received along with soft

copy of the award by the Central Government on 12.07.2022.

[No. L- 42025-07- 2022-22-IR(DU)]

D.K.HIMANSHU, 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. 109/2021

Date of Passing Award- 11.05.2022

Between:

Smt. Laxmi Dhingra,

R/o Flat No. 16, Building No. 152,

Gali No. 02, Saidulajab,

Saket, Near Saket Metro Station,

New Delhi 110030.

…Workman

Versus

1.

The Chairman & Managing Director,

Bharat Sanchar Nigam Ltd.

Bharat Sanchar Bhawan, Harish Chandra,

Mathur Lane, Janpath, New Delhi- 110001.

2.

Smt. Neha Singh, Under-Secretary, SEA-II,

Department of Telecommunications,

521, Sanchar Bhawan, 20 Ashoka Road,

New Delhi-110001.

…Managements

Appearances:-

Claimant in person (A/R) : For the Claimant

Shri Swatantra Rai (A/R) : For the Management

1678

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

AWARD

The Government of India in Ministry of Labour & Employment has referred the present dispute existing

between employer i.e. the management of (i) BSNL, and (ii) Department of Telecommunications 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- ND.96(18)/ID (2A) 2021-DYCLC dated 27/05/2021 to this tribunal for

adjudication to the following effect.

“Whether the action of the management of BSNL to terminate the services of Smt. Laxmi Dhingra

without paying terminal benefits and promotion to the workman is correct, if not what other relief she

is entitled to?”

This is a reference received from the appropriate government for adjudication in the following terms:-

On receipt of the reference notices were issued to the claimant Laxmi Dhingra and the management BSNL.

After service of the notice the claimant did not appeared and filed one application seeking a direction to the

management for supply of documents relating to her service particulars for the period 19984 to 2007. That petitions

were allowed and the management by order dated 04.08.2021 was directed to provide attested true copies of the

documents to the claimant. On 13.09.2021 the management filed soft copies of the said documents but a direction was

given for supply of the hard copies. On 25.10.2021 the management filed hard copies of the documents but the

claimant did not collect the same from the tribunals filed. Thereafter several adjournments are made for filing of the

claim statement. Today, by sending the email the claimant has expressed her intention not to file any claim statement.

In view of the same this award is passed in the following manner.

ORDER

The reference be and the same is answered against the claimant as no claim has been advanced by the claimant.

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 ᳰद᭨ली, 25 अग᭭त, 2022

का.आ. 803.—रा᳦पित, ᭠यायाधीश (सेवािनवृᱫ) केसांग डोमा भुᳯटया को ᳰदनांक 19.08.2022 के पूवाᭅ᭮न से

65 वषᭅ कᳱ आयु अथाᭅत 04.05.2025 तक अथवा अगले आदेशᲂ तक, जो भी पहले हो, रा᳦ीय औ᳒ोिगक अिधकरण,

कोलकाता के पीठासीन अिधकारी के ᱨप मᱶ िनयुᲦ करते हᱹ।

[सं. अ-19011/01/2022-सीएलएस-II(ई)]

धनंजय शमाᭅ, अवर सिचव

New Delhi, the 25th August, 2022

S.O. 803.—The President is pleased to appoint Justice (Retd.) Kesang Doma Bhutia as Presiding Officer,

National Industrial Tribunal, Kolkata with effect from 19.08.2022(F/N) and till she attains the age of 65 years i.e. upto

04.05.2025 or until further orders, whichever is earlier.

[No. A-19011/01/2022-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 25 अग᭭त, 2022

का.आ. 804—रा᳦पित, ᭠यायाधीश (सेवािनवृᱫ) िवकास कुंवर ᮰ीवा᭭तव को ᳰदनांक 22 अग᭭त, 2022 के

पूवाᭅ᭮न से 21 अग᭭त, 2026 तक 4 वषᲃ कᳱ अविध के िलए अथवा अगले आदेशᲂ तक, जो भी पहले हो, तक के िलए कᱶᮤीय

सरकार औ᳒ोिगक अिधकरण-सह-᮰म ᭠यायालय न. 1, ᳰद᭨ली मᱶ पीठासीन अिधकारी के पद पर िनयुᲦ करते है।

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1679

2.

᭠यायाधीश (सेवािनवृᱫ) िवकास कुंवर ᮰ीवा᭭तव कᳱ पीठासीन अिधकारी, कᱶᮤीय सरकार औ᳒ोिगक अिधकरण

सह-᮰म ᭠यायालय के पद पर िनयुिᲦ अिधकरण सुधार अिधिनयम, 2021 और उसके तहत बने िनयम यािन अिधकरण

(सेवा कᳱ शतᱸ) िनयम, 2021 के अनुसार िविनयिमत कᳱ जाएगी।

[सं. अ-19011/03/2022-सीएलएस-II(ई)]

धनंजय शमाᭅ, अवर सिचव

New Delhi, the 25th August, 2022

S.O. 804.—The President is pleased to appoint Justice (Retd.) Vikas Kunvar Srivastav as Presiding Officer

of Central Government Industrial Tribunal-cum-Labour Court No. 1, Delhi for a period of 4 years with effect from the

forenoon of the 22nd August, 2022 up to 21st August, 2026 or until further orders, whichever is earlier.

2.

The appointment of Justice (Retd.) Vikas Kunvar Srivastav as Presiding Officer, CGIT-cum-LC shall be

regulated in terms of the Tribunal Reforms Act, 2021 and the rules made thereunder, i.e. Tribunals (Conditions of

Service) Rules, 2021.

[No. A-19011/03/2022-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 25 अग᭭त, 2022

का.आ. 805.—रा᳦पित, ᮰ी इरफ़ान कमर को ᳰदनांक 22 अग᭭त, 2022 के अपरा᭮न से 21 अग᭭त, 2026 तक

4 वषᲃ कᳱ अविध के िलए अथवा अगले आदेशᲂ तक, जो भी पहले हो, तक के िलए कᱶᮤीय सरकार औ᳒ोिगक अिधकरण-

सह-᮰म ᭠यायालय, हैदराबाद मᱶ पीठासीन अिधकारी के पद पर िनयुᲦ करते है।

2.

᮰ी इरफ़ान कमर कᳱ पीठासीन अिधकारी, कᱶᮤीय सरकार औ᳒ोिगक अिधकरण सह-᮰म ᭠यायालय के पद पर

िनयुिᲦ अिधकरण सुधार अिधिनयम, 2021 और उसके तहत बने िनयम यािन अिधकरण (सेवा कᳱ शतᱸ) िनयम, 2021 के

अनुसार िविनयिमत कᳱ जाएगी।

[सं. अ-19011/06/2022-सीएलएस-II(ई)]

धनंजय शमाᭅ, अवर सिचव

New Delhi, the 25th August, 2022

S.O. 805.—The President is pleased to appoint Sh. Irfan Qamar as Presiding Officer of Central Government

Industrial Tribunal-cum-Labour Court, Hyderabad for a period of 4 years with effect from the afternoon of the 22nd

August, 2022 up to 21st August, 2026 or until further orders, whichever is earlier.

2.

The appointment of Sh. Irfan Qamar as Presiding Officer, CGIT-cum-LC shall be regulated in terms of the

Tribunal Reforms Act, 2021 and the rules made thereunder, i.e. Tribunals (Conditions of Service) Rules, 2021.

[No. A-19011/06/2022-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 25 अग᭭त, 2022

का.आ. 806.—रा᳦पित, ᮰ी सुनील कुमार ᳲसंह - I को ᳰदनांक 23 अग᭭त, 2022 के पूवाᭅ᭮न से 22 अग᭭त,

2026 तक 4 वषᲃ कᳱ अविध के िलए अथवा अगले आदेशᲂ तक, जो भी पहले हो, तक के िलए कᱶᮤीय सरकार औ᳒ोिगक

अिधकरण-सह-᮰म ᭠यायालय, अहमदाबाद मᱶ पीठासीन अिधकारी के पद पर िनयुᲦ करते है।

1680

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

2.

᮰ी सुनील कुमार ᳲसंह - I कᳱ पीठासीन अिधकारी, कᱶᮤीय सरकार औ᳒ोिगक अिधकरण सह-᮰म ᭠यायालय के पद

पर िनयुिᲦ अिधकरण सुधार अिधिनयम, 2021 और उसके तहत बने िनयम यािन अिधकरण (सेवा कᳱ शतᱸ) िनयम, 2021

के अनुसार िविनयिमत कᳱ जाएगी।

[सं. अ-19011/08/2022-सीएलएस-II(ई)]

धनंजय शमाᭅ, अवर सिचव

New Delhi, the 25th August, 2022

S.O. 806.—The President is pleased to appoint Sh. Sunil Kumar Singh-I as Presiding Officer of Central

Government Industrial Tribunal-cum-Labour Court, Ahmedabad for a period of 4 years with effect from the forenoon

of the 23rd August, 2022 up to 22nd August, 2026 or until further orders, whichever is earlier.

2.

The appointment of Sh. Sunil Kumar Singh-I as Presiding Officer, CGIT-cum-LC shall be regulated in terms

of the Tribunal Reforms Act, 2021 and the rules made thereunder, i.e. Tribunals (Conditions of Service) Rules, 2021.

[No. A-19011/08/2022-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 2 िसत᭥बर, 2022

का.आ. 807.—रा᳦पित, ᭠यायाधीश (सेवािनवृᱫ) आनंद कुमार मुख़जᱮ को ᳰदनांक 01 िसत᭥बर, 2022 के

पूवाᭅ᭮न से 31 अग᭭त, 2026 तक 4 वषᲃ कᳱ अविध के िलए अथवा अगले आदेशᲂ तक, जो भी पहले हो, तक के िलए कᱶᮤीय

सरकार औ᳒ोिगक अिधकरण-सह-᮰म ᭠यायालय, आसनसोल मᱶ पीठासीन अिधकारी के पद पर िनयुᲦ करते है।

2.

᭠यायाधीश (सेवािनवृᱫ) आनंद कुमार मुख़जᱮ कᳱ पीठासीन अिधकारी, कᱶᮤीय सरकार औ᳒ोिगक अिधकरण सह-

᮰म ᭠यायालय के पद पर िनयुिᲦ अिधकरण सुधार अिधिनयम, 2021 और उसके तहत बने िनयम यािन अिधकरण (सेवा

कᳱ शतᱸ) िनयम, 2021 के अनुसार िविनयिमत कᳱ जाएगी।

[सं. अ-19011/07/2022-सीएलएस-II(ई)]

धनᲳय शमाᭅ, अवर सिचव

New Delhi, the 2nd September, 2022

S.O. 807.—The President is pleased to appoint Justice (Retd.) Ananda Kumar Mukherjee as Presiding

Officer of Central Government Industrial Tribunal-cum-Labour Court, Asansol for a period of 4 years with effect

from the forenoon of the 01st September, 2022 up to 31st August, 2026 or until further orders, whichever is earlier.

2.

The appointment of Justice (Retd.) Ananda Kumar Mukherjee as Presiding Officer, CGIT-cum-LC shall be

regulated in terms of the Tribunal Reforms Act, 2021 and the rules made thereunder, i.e. Tribunals (Conditions of

Service) Rules, 2021.

[No. A-19011/07/2022-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 7 िसत᭥बर, 2022

का.आ. 808.— रा᳦पित, ᮰ीमती दी᳙ी मोहपाᮢा, पीठासीन अिधकारी के᭠ᮤीय सरकार औ᳒ोिगक अिधकरण सह

᮰म ᭠यायालय, चे᳖ई को ᳰदनांक 19.08.2022 से छ: माह तक कᳱ अविध अथवा िनयिमत आधार पर पद के भरे जाने तक

अथवा अगले आदेश तक, जो भी पहले हो तब तक, के᭠ᮤीय सरकार औ᳒ोिगक अिधकरण सह ᮰म ᭠यायालय, एनाᭅकुलम के

पीठासीन अिधकारी के पद का अितᳯरᲦ ᮧभार सौपते है। I

[सं. अ-11016/05/2020-सीएलएस.II(ई)]

धनᲳय शमाᭅ, अवर सिचव

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1681

New Delhi, the 7th September, 2022

S.O. 808.—The President is pleased to entrust the additional charge of the post of Presiding Officer, Central

Government Industrial Tribunal-cum-Labour Court, Ernakulam to Smt. Dipti Mohapatra, Presiding Officer, Central

Government Industrial Tribunal-cum-Labour Court, Chennai for a period of six months with effect from 19.08.2022

or till the post is filled on regular basis or until further orders, whichever is the earliest.

[No. A-11016/05/2020-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई ᳰद᭨ली, 7 िसत᭥बर, 2022

का.आ. 809.—रा᳦पित, ᮰ी सुनील कुमार ᳲसंह-I, पीठासीन अिधकारी के᭠ᮤीय सरकार औ᳒ोिगक अिधकरण सह

᮰म ᭠यायालय, अहमदाबाद को ᳰदनांक 05.09.2022 से छ: माह तक कᳱ अविध अथवा िनयिमत आधार पर पद के भरे

जाने तक अथवा अगले आदेश तक, जो भी पहले हो तब तक, के᭠ᮤीय सरकार औ᳒ोिगक अिधकरण सह ᮰म ᭠यायालय,

जयपुर के पीठासीन अिधकारी के पद का अितᳯरᲦ ᮧभार सौपते है। I

[सं. अ-11016/04/2021-सीएलएस.II(ई)]

धनᲳय शमाᭅ, अवर सिचव

New Delhi, the 7th September, 2022

S.O. 809.—The President is pleased to entrust the additional charge of the post of Presiding Officer, Central

Government Industrial Tribunal-cum-Labour Court, Jaipur to Sh. Sunil Kumar Singh-I, Presiding Officer, Central

Government Industrial Tribunal-cum-Labour Court, Ahmedabad for a period of six months with effect from

05.09.2022 or till the post is filled on regular basis or until further orders, whichever is the earliest.

[No.A-11016/04/2021-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

ubZ fnYyh] 7 flrEcj] 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;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd

vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 44@2001½

dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 26

08-2022

dks izkIr gqvk FkkA

[la- ,y-20012@504@2000-vkbZ-vkj- ¼lh-I

]

jktsUnz flag] voj lfpo

New Delhi, the 7th September, 2022

S.O. 810.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 44/2001) of the Central Government Industrial Tribunal-cum-

Labour Court No.1, DHANBAD as shown in the Annexure, in the industrial dispute between the Management of

B.C.C.L. and their workmen, received by the Central Government on 26.08.2022.

No. L-20012/504/2000 – IR (C-I)

RAJENDER SINGH, Under Secy.

1682

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 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. 44/2001

Employer in relation to the management of Bastacolla 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 28.07.2022

AWARD

By Order No.L-20012/504/2000-(C-I) dated 12.02.2001 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

“᭍या भारत को᳴कंग कोल िलिम., ब᭭ताकोला कोिल॰ के ᮧबंधतंᮢ ᳇ारा ᮰ी तेजो भुईया, ᮝामर को काम पर आने से रोकने

तथा वेतन कᳱ अदायगी न ᳰकया जाना िविधवत िनयमानुसार एवं ᭠यायसंगत है? यᳰद नहᱭ तो कमᭅकार ᳰकस राहत के पाᮢ

हᱹ?”

2. This reference is received on 08/03/2001 by this Tribunal in which the Organising Secretary, Janta Mazdoor

Sangh, Dhanbad had been advised to submit statement of claim along with relevant document before the Tribunal

within fifteen days of received of reference 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 08/03/2001 and workman/union as well as management is not appearing

before Tribunal, so it is felt that workman/union has lost its interest in this matter. Hence “No Claim” Award is

passed. Communicate.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 7 flrEcj] 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;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 1] /kuckn ds iapkV ¼lanHkZ la[;k 86/1990½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 26-08-2022 dks izkIr gqvk FkkA

[la- ,y-20012@306@89-vkbZ-vkj- ¼lh-1½]

jktsUnz flag] voj lfpo

New Delhi, the 7th September, 2022

S.O. 811.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 86/1990) 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 26.08.2022.

[No. L-20012/306/89- IR (C-I)]

RAJENDER SINGH, Under Secy.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1683

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. 86/1990

Employer in relation to the management of Bhatdee Colliery in Mahuda Area No.II of M/s. BCCL

AND

Their workman

Present: Shri Dinesh Kumar Singh, Presiding Officer

Appearances:

For Employer

: Sri D. K. Verma, Advocate

For workman

: Sri C. Prasad, Advocate

State : Jharkhand

Industry:- Coal

Dated 29.07.2022

AWARD

By Order No.L-20012/306/89-IR(C-I) dated- Nil, 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 Bhatdee Colliery in Mahuda Area No. II of M/s. Bharat Coking Coal

Ltd., P.O. Mohuda Distt. Dhanbad (Bihar) is justified in dismissing the workman Shri Ram Singh

Under-ground Munshi w.e.f. 22.2.1988? If not, to what relief the said workman is entitled?”

2.

The Tribunal in this matter has passed an award on 09/09/2009 holding that since the concerned workman

has already died and nobody has been substituted, a ‘No Dispute’ Award is passed in this reference presuming non-

existence of any industrial dispute between the parties.

3.

The dependent of concerned workman namely Ram Singh being aggrieved by the said award filed a writ

petition bearing W.P. (L) No. 5719 of 2010 before the Hon’ble High Court of Jharkhand at Ranchi. The Hon’ble

High Court of Jharkhand at Ranchi has been pleased to hold-

“the Industrial Tribunal committed a serious error in law in dismissing the substitution application dated

04/01/2009. Award dated 09/09/2009 cannot sustain the scrutiny in law. The said award has been passed by

the Industrial Tribunal in gross violation of the mandatory statutory requirement under the Industrial

Disputes Act, 1947. In the result the writ petition is allowed. Reference No. 86 of 1990 is restored to its

original file. The Industrial Tribunal is ordered to proceed in the matter in accordance with law.”

4.

After production of the order of Hon’ble High Court of Jharkhand at Ranchi passed in W.P.(L) No. 5719 of

2010 on 21/05/2015 sufficient opportunity were given to both the parties and both the parties were heard at length

again.

5.

The case of the sponsoring union as per its statement of claim is as follows:-

That the workman Sri Ram Singh (now deceased) was appointed as Munshi, Underground on 05/03/1968 at

Bhatdee Colliery in Mahuda Area No. II and he was dismissed from his service vide Letter No. B/419, dated

20/2/1988 of the Dy. C.M.E./Agent, Bhatdee Colliery. After that, the concerned workman had raised an Industrial

Dispute before the Assistant Labour Commissioner (C), Dhanbad through sponsoring union and after failure of the

conciliation proceeding the matter was referred to the Ministry for reference of this case.

The concerned workman namely Ram Singh (now deceased) was directed to appear before the Appex

Medical Board for his age determination as a result, the concerned workman appeared before Apex Medical Board

where he came to see that a certificate of the Board of High School & Intermediate Education, Uttar Pradesh of his

own name. The concerned workman totally denied the aforesaid Certificate, which was found with the Appex Medical

Board and he had got no concern with the Matriculation Certificate. The concerned workman had never produced any

Certificate before the management, rather he was falsely implicated in the present case by somebody for which he had

given an information to the local Police Station, Mahuda, which was registered as Station Diary Entry No. 207, dated

15/10/1986, in which he had mentioned the name of Ragho Babu son of Bishwanath Singh of Bhatdee Bazar. The

concerned workman had apprehension in his mind that Ragho Babu might have played a faul game with him by

1684

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

producing the fake Matriculation Certificate. The concerned workman had denied the allegation levelled against him

in the domestic enquiry proceeding as he had not passed matriculation examination. The concerned workman had not

been given reasonable opportunity to defend himself in the domestic enquiry proceeding. The concerned workman

was innocent and had not committed any offence rather he had been put into wrong box by wicked persons. The

management without going into the depth of the facts, whimsically dismissed the concerned workman from service.

A prayer has been made to pass an Award in favour of the workman.

6.

On the other hand the case of the management as per written statement-cum-rejoinder filed by the General

Manager, Mahuda Area BCCL Area 2, Dhanbad is as follows:-

That the concerned workman had submitted a document purported to be his Matriculation Certificate in proof

of his age and qualification and the management had accepted the same in good faith. Subsequently the management

had entered the date of birth of the concerned workman in the Form ‘B’ Register as per the entries in the aforesaid

Matriculation Certificate but later on, it transpired that the purported Matriculation Certificate was manufacturer

document procured by the concerned workman in support of proof of his age and qualification with malafide

intention. In the Matriculation Certificate submitted by the concerned workman, 7581 has been mentioned as number

and the same has been issued by Board of High School and Intermediate Education, Uttar Pradesh on 30/06/1998 on

the basis of examination held in March and April, 1958 in which the date of birth of workman has been mentioned as

24/01/1942. The date of birth as mentioned in the aforesaid Certificate was accepted as a proof of age of concerned

workman and the same was entered in the Form ‘B’ Register of the concerned workman. The concerned workman

could not be promoted to the next higher clerical grade if he would not possess a Matriculation or equivalent

Certificate, so the Matriculation Certificate was necessary for the concerned workman for his future promotion and in

proof of his age. In the enquiry proceeding it revealed that the Matriculation Certificate bearing no. 7581 was issued in

the name of Kumari Chandra Mohini, daughter of Sri Gobardhan Das, so the concerned workman got that Certificate

manufactured. The concerned workman was issued a charge-sheet dated 23.03.1987/01.04.1987 alleging commission

of misconducts of fraud or dishonesty and giving false age and qualification certificate. The concerned workman had

submitted his reply on 07/04/1987 which was found unsatisfactory. Thereafter management had appointed Sri P.M

Prasad Dy. PM, Mohuda Area to conduct departmental enquiry into the charge-sheet and the concerned workman had

participated in the proceeding. After conclusion of enquiry the Enquiry Officer submitted his enquiry report holding

the concerned workman guilty of misconduct as alleged against him and subsequently the concerned workman was

dismissed from his service vide letter dated 20/02/1988.

The management by way of rejoinder has stated that the contents of Para no.1 of the written statement of

workman are based on reproduction of the terms of reference, the contents of Para nos. 2 and 3 of the written

statement of workman are matters of record, the contents of Para nos. 4, 5 and 6 of the written statement of workman

are not fully correct, the contents of Para nos. 7 and 8 of the written statement of workman are incorrect and the same

are denied, the contents of Para nos. 9 and 10 of the written statement of workman are matters of record and the

contents of the rest of the paras of the written statement of workman are incorrect and the same are denied.

7.

The sponsoring union has submitted rejoinder to the written statement of the management in which it has

been stated that the statement made in Para no.1 of the written statement of management is matter of record, the

statement made in Para nos. 2, 4 to 6 are denied, the statement made in Para nos. 7, 9 and 10 are not correct, the

statement made in Para no.8 is correct, the statement made in Para no. 11 is not justified and the statement made in

Para nos.12 to 19 are the rejoinder of the management.

8.

The sponsoring union has neither examined any witness in support of its case nor has produced any

documents.

9.

The management has also not examined any witness in this case but has proved following documents which

are marked as :-

Exhibit M-1- Copy of Charge-sheet dated 23.3/01.04.1987.

Exhibit M-2- Copy of reply to the Charge-sheet dated 23.3/01.04.1987.

Exhibit M-3- Letter of appointment of Enquiry Officer and the Presenting Officer.

Exhibit M-4- Copy of the enquiry proceedings along with Exhibit notices enquiries and all connected papers

relating to enquiry.

Exhibit M-5- Copy of Enquiry Report.

Exhibit M-6- Copy of Note sheet dated 12/02/1988 relating to approval for dismissal.

Exhibit M-7- Copy of Letter dated 20/02/1988 regarding Dismissal Order.

10.

The learned lawyer of the sponsoring union has submitted before the Tribunal that the concerned workman

had been directed to appear before the Apex Medical Board for his age determination and in pursuance to such

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1685

direction the concerned workman had appeared before the Board where he found a fake certificate of Board of High

School & Intermediate Education, Uttar Pradesh of his own name. He has also submitted that the said concocted and

fabricated certificate was found with the Apex Medical Board without any petition for filing before the same and it

was not within the knowledge of the concerned workman. He has also argued that the concerned workman had never

produced the said certificate to the management and on finding foul play by the co-worker in connivance with

management of the colliery, the concerned workman had filed a complaint to local police station, Mahuda which was

registered in Station Diary Entry No. 207dated 15/10/1986. He has further submitted that the management had issued

a charge-sheet to the concerned workman and the same was replied but the reply was not found satisfactory by the

management and subsequently a domestic enquiry proceeding was started against him. He has further submitted that

the management was biased against the concerned workman due to his filing a complaint before the Mahuda Police

Station. He has further submitted that the management had not produced before the Enquiry Officer said false and

fabricated certificate. He has also argued that the Tribunal after hearing on preliminary issue has held the enquiry fair

and proper. He has made prayer that since the concerned workman has been dismissed from service and the case may

be dealt with under section 11-A of the Industrial Dispute Act, 1947. He has also submitted that the alleged false, fake

certificate of education has not been marked as Exhibit, so it may not be taken into consideration. He has also argued

that the signatures of concerned workman were obtained forcibly on the departmental enquiry proceeding. He has

further argued that the copy of the enquiry report had not been supplied to the concerned workman which is violatory

of the principle of natural justice. He has relied on the decision of Hon’ble Supreme Court as reported in 1991 SCC

(L&S) 612.

11.

The learned lawyer of management has submitted before the Tribunal that the concerned workman had

submitted his Matriculation Certificate in proof of his age and qualification which was accepted by the management in

good faith and subsequently entered the date of birth in the Form ‘B’ Register as per the entries in the aforesaid

Matriculation Certificate but later on it transpired that the purported Matriculation Certificate was a manufactured

document procured by the concerned workman in support of his proof of age and qualification. He has also argued

that the purported certificate of matriculation bearing no. 7581 was issued by the Board of High School &

Intermediate Education, Uttar Pradesh on 30/06/1958 on the basis of examination held in March and April 1958 in

which the date of birth had been shown as 24/01/1942. He has further argued that on the basis of said purported

matriculation certificate of workman the date of birth of the concerned workman was accepted as proof of his age and

the same was entered in the Form ‘B’ Register. He has also submitted that the workman being a clerical grade could

not be promoted to the next higher clerical grade unless he possessed a matriculation or equivalent certificate, so the

matriculation certificate was necessary for the concerned workman for his future promotion and in proof of his age.

He has also argued that after enquiry it was found that the matriculation certificate bearing no. 7581 was issued in the

name of Kumari Chandra Mohini, daughter of Sri Gobardhan Das and the concerned workman had procured the said

certificate with mala-fide intention. He has further submitted that the concerned workman was issued a charge-sheet

dated 23-03-1987/01-04-1987 and subsequently he had submitted his reply on 07/04/1987 which was not found

satisfactory and thereafter a domestic enquiry was held in which the charges against the concerned workman was

established and thereafter he was dismissed from the service. He has also argued that the departmental enquiry

conducted against the concerned workman has been held fair and proper vide order dated 18/02/2016 of this Tribunal.

He has also submitted that the punishment awarded to the concerned workman is proportionate as he had produced

fake matriculation certificate which amounts to fraud to the Company. He has made prayer that provisions of u/s 11-A

of the I.D. Act may not be invoked in this case. He has relied on the decision of Hon’ble Supreme Court as reported in

2018(4) JLJR (SC) 115, AIR 2004 SC 4096 and AIR, 1996 SC 686.

12.

Now, the only point of determination in this case is whether the action of the management in dismissing the

workman Shri Ram Singh is justified or not?

FINDINGS

13.

At the outset of discussion it is required to mention here that it is an admitted fact that the concerned

workman namely Ram Singh (now deceased) was a Munshi at Bhatdee Colliery in Mahuda Area No. II. It is also

admitted fact that a departmental enquiry was conducted against the concerned workman and after conclusion of

departmental enquiry, the Enquiry Officer submitted his report holding the concerned workman guilty of alleged

misconduct and subsequently the workman was dismissed from the service.

14.

It is relevant to mention here that on admission of both the parties the documents of domestic enquiry

proceeding is marked as Exhibit M-1 to Exhibit M-7. It appears from order sheet dated 23/08/1995 that since the

management has failed to adduce evidence, so the workman is called upon to adduce evidence on the preliminary

issue but on 03/11/1995 the workman has not produced any witness on its behalf and both the side agreed to argue on

the preliminary issue.

15.

It is also required to mention here that the Tribunal after hearing learned lawyer of both the parties has held

on 18/02/2016 that the enquiry conducted against the concerned workman is fair and proper.

1686

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

16.

It is relevant to mention here that in this case the Tribunal has already held the enquiry fair and proper, so it

is not proper to go into the enquiry proceeding in this case but since the learned lawyer of the sponsoring union has

raised the issue that the management had not produced the purported matriculation certificate of the concerned

workman, so the Tribunal thinks it examine the documents produced in course of domestic enquiry.

After going through the enquiry proceeding report it appears that a certificate bearing no. 07581 standing in the name

of Ram Singh, son of Sri Kailash Singh issued by Board of High School and Intermediate Education, Uttar Pradesh on

30/06/1958 mentioning his date of birth as 24/01/1942 is attached with the enquiry proceeding and the same has been

marked as Exhibit No.1 of the enquiry proceeding but after enquiry it was found that the matriculation certificate

bearing no. 7581 was issued in the name of Kumari Chandra Mohini daughter of Sri Gobardhan Das.

17.

It is also relevant to mention here that the learned lawyer of the sponsoring union has raised the issue that he

had not produced such documents before the management in support of his age and qualification.

In this regard it is required to mention here that no oral and documentary evidence have been produced by the

sponsoring union in support of his argument that he had not produced any such documents before the management.

Moreover the sponsoring union has also not produced the copy of Station Diary Entry No. 207, dated 15/10/1986 of

Mahuda, so the contention of sponsoring union is baseless.

18.

The learned lawyer of sponsoring union has raised the issue that he had not been given copy of the enquiry

report and the Hon’ble Supreme Court in a case as reported in 1991 SCC (L&S) 612.

In this regard it is relevant to mention here that the concerned workman had fully participated in the enquiry

proceeding and he had not raised this issue at the earliest stage of filing written statement before the Tribunal and now

he had raised this issue at the concluding stage of the case, so his contention is not worth tenable.

19.

The learned lawyer of sponsoring union has submitted before the Tribunal that the concerned workman has

been dismissed from the service and his case may have been dealt with under section 11A of the Industrial Dispute

Act as the punishment awarded to the concerned workman is disproportionate to his guilt.

However the learned lawyer of management has strongly opposed the grant of benefit to the concerned

workman under section 11A of the I.D. Act and he has relied on the decision of Hon’ble Supreme Court as reported in

2018 (4) JLJR (SC) 115, AIR 2004 SC 4096 and AIR, 1996 SC 686.

At this stage it is required to mention section 11A of the I.D. Act. The section 11A of the I.D. Act reads as

follows:-

Section 11A- “Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case

of discharge or dismissal of workmen- Where an industrial dispute relating to the discharge or dismissal of a

workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication proceedings,

the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or

dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct

reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to

the workman including the award of any lesser punishment in lieu of discharge or dismissal as the

circumstances of the case may require.”

20.

The Hon’ble Supreme Court has been pleased to observe in a case as reported in 1973 AIR 1227 (Workmen

of Messrs Firestone Tyre…Vs Management & others) that:-

“The Act is beneficial piece of legislation enacted in the interest of employees. It is well settled that in

construing the provisions of a welfare legislation, courts should adopt, what is described as a beneficent rule

of construction. If two constructions are reasonably possible to be placed on the section, it follows that the

construction which furthers the policy and object of the Act and is more beneficial to the employees has to be

preferred. The interpretation must be liberal enough to achieve the legislative purpose”.

21.

However the Hon’ble Supreme Court in a another case as reported in 2005(2) SCALE 302 (Mahindra and

Mahindra Ltd. Vs. N.B. Narawade) has been pleased to hold that:-

“It is no doubt true that after introduction of Section 11A in the Industrial Disputes Act, certain amount of

discretion is vested with the Labour Court/Industrial Tribunal in interfering with the quantum of punishment

awarded by the Management where the concerned workman is found guilty of misconduct. The said area of

discretion has been very well defined by the various judgments of this court referred to herein above and it is

certainly not unlimited as has been observed by the Division Bench of the High Court. The discretion which

can be exercised under Section 11A is available only on the existence of certain factors like punishment

being disproportionate to the gravity of misconduct so as to disturb the conscience of the Court, or the

existence of any mitigating circumstances which requires the reduction of the sentence, or the past conduct of

the workman which may pursuade the Labour Court to reduce the punishment. In the absence of any such

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1687

factor existing, the Labour Court cannot by way of sympathy alone exercise the power under Section 11A of

the Act and reduce the punishment.”

22.

The Hon’ble Supreme Court in other case as reported in 2018 (4) JLJR (SC) 115 on which reliance has been

placed by the learned lawyer of management, has been pleased to hold that:-

“since dismissal order was based on the domestic enquiry, it was obligatory upon the Labour Court to first

decide the question as a preliminary issue as to whether the domestic enquiry was legal and proper- if

domestic enquiry was legal and proper, next question to be considered by the Labour Court was whether

punishment is commensurate with the gravity of charges or is disproportionate- if it is disproportionate,

Labour Court was entitled to interfere in quantum of punishment and substitute the punishment imposed by

Bank.”

23. In the instant case the concerned workman has been found guilty of misconduct of fraud, dishonesty and giving

false information about himself which is under serious misconduct under the Standing Order Clause, so considering

the gravity of the misconduct, the Tribunal is of the view that the punishment of dismissal awarded to the concerned

workman is not disproportionable.

In view of such, the Tribunal is not of the view to reduce the punishment of dismissal of the concerned

workman.

Hence, the contention of learned lawyer of sponsoring union regarding disproportionate punishment is not

worth tenable.

24.

Now, in this case the charges levelled against the concerned workman namely Sri Ram Singh, Munshi of

Bhatdee Colliery vide charge-sheet dated 23.03/01.04/1987 had been established in the departmental enquiry

proceeding for misconduct of fraud and dishonesty and giving false information of about himself which is serious

misconduct under the Standing Order Clause.

Moreover, on the finding of Enquiry Officer, the competent authorities have applied their mind and

subsequently the concerned workman namely Sri Ram Singh was dismissed from service.

25. After considering all the facts and circumstances of this case the Tribunal comes to the conclusion that the

management of Bhatdee Colliery, Mahuda Area II of M/s. BCCL is justified in dismissing the workman Sri Ram

Singh service of BCCL w.e.f. 22/02/1998 and he is not entitled for any relief.

This is the Award of this Tribunal.

D. K. SINGH, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

chch,ech ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 07/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@18@2018-vkbZ- vkj- ¼lh-,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 8th September, 2022

S.O. 812.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.07/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/18/2018-IR(CM-II)]

RAJENDER SINGH, Under Secy.

1688

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.07/2018

Registered on:-04.06.2018

Sh. Mohinder Kumar S/o Sh. Jhali C/o SH. R.K. Singh Parmar,

General Secretary, Punjab INTUC, 211L, ward No.11,

Post Office Partap Nagar, Nangal Dam, District Ropar –(Punjab)

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/18/2018-IR(CM-II) dated 21.05.2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Sh. Mohinder

Kumar S/o Sh. Jhali for deeming/considering him in continuous service upto age of superannuation

and resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.07/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 55/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@78@2018-vkbZ- vkj- ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1689

New Delhi, the 8th September, 2022

S.O. 813.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.55/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/78/2018– IR (CM-II)

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No. 55/2018

Registered on:-20.11.2018

Sh. Durga Dass S/o Sh. Chamaroo, R/o Village Behla (Bayla)

PO Bayla Tehsil Sunder Nagar, Distt. Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/78/2018-IR(CM-II) dated 14/11/2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Durga Dass S/o

Sh. Chamaroo for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.55/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1690

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 8 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 65/2018½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@96@2018-vkbZ- vkj- ¼lh,e-II½

jktsUnz flag] voj lfpo

New Delhi, the 8th September, 2022

S.O. 814.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.65/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/96/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.65/2018

Registered on:-04.12.2018

Smt. Chinta Devi & Others W/o Late Balak Ram,

Villager Dhaban, Tehsil Balh, Distt. Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/96/2018-IR(CM-II) dated 15/11/2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Chinta Devi &

Others W/o Late Balak Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1691

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.65/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 54/2018½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@92@2018-vkbZ-vkj- ¼lh,e-I½]

jktsUnz flag] voj lfpo

New Delhi, the 8th September, 2022

S.O. 815.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.54/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/92/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.54/2018

Registered on:-20.11.2018

Sh. Dilla Ram S/o Sh. Gopi Ram R/o Village Masor

PO Via Kuthera Tehsil Ghumarwin, Distt. Bilaspur (HP) -174001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/92/2018-IR(CM-II) dated 15.11.2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Dilla Ram S/o

Sh. Gopi Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1692

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.54/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 52/2018½

dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la- ,y-23012@86@2018-vkbZ-vkj- ¼lh,e-II

]

jktsUnz flag] voj lfpo

New Delhi, the 8th September, 2022

S.O. 816.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.52/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/86/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.52/2018

Registered on:-20.11.2018

Sh. Puran Chand S/o Sh. Thinu Ram, R/o Village Kathyahal,

Po Gagal Tehsil Balh, Distt. Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1693

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/86/2018-IR (CM-II) dated 14.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Puran Chand

S/o Sh. Thinu Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.52/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 64/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@98@2018-vkbZ-vkj- ¼lh,e II½]

jktsUnz flag] voj lfpo

New Delhi, the 8th September, 2022

S.O. 817.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.64/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/98/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

1694

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.64/2018

Registered on:-04.12.2018

Sh. Dharam Singh S/o Sh. Guljari Lal, Vill-Baudhal, P.o Jai Devi,

Tehsil-Sundernagar Distt-Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 02.06.2022

Central Government vide Notification No.L-23012/98/2018-IR(CM-II) dated 15.11.2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMBin terminating the service of Sh. Dharam Singh S/o

Sh. Guljari Lal w.e.f. 10.12.2012 in violation of sections 25-F, 25-G, & 25-H of the ID Act is just fair

and legal? if not, to what relief the workman is entitled?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.64/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 8 flrEcj] 2022

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

,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 52/2019½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@67@2019-vkbZ-vkj- ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1695

New Delhi, the 8th September, 2022

S.O. 818.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.52/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/67/2019– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.52/2019

Registered on:-06.08.2019

Smt. Shakuntla Devi & Others W/o Sh. Gian Chand C/o SH. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura, Po-Bhukkar,

Tehsil-Bhoranj Distt. Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board, Madhya Marg,

Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 02.06.2022

Central Government vide Notification No.L-23012/67/2019-IR(CM-II) dated 25.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Shkuntla Devi

& Others W/o Sh. Gian Chand for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.52/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1696

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 9 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] pMhx<+ ds iapkV ¼lanHkZ la[;k 70/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@126@2018-vkbZ-vkj- ¼lh,e-II

]

jktsUnz flag] voj lfpo

New Delhi, the 9th September, 2022

S.O. 819.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.70/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/126/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.70/2018

Registered on:-11.12.2018

Sh. Rama Nand Chandel S/o Tulsi Ram R/o Village Chhujala,

P.O Nanawan, Tehsil Ghumarwin, Distt. Bilaspur, Himachal Pradesh -175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board, Madhya Marg,

Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/126/2018-IR(CM-II) dated 16.11.2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Ramanand

Chandel S/o Tulsi Ram for deeming/considering him in continuous service upto age of superannuation

and resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1697

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.70/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR. Presiding Officer

ubZ fnYyh] 9 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 84/2018½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@112@2018-vkbZ-vkj ¼lh,e-II

]

jktsUnz flag] voj lfpo

New Delhi, the 9th September, 2022

S.O. 820.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.84/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/112/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.84/2018

Registered on:-11.12.2018

Smt. Rattani Devi & Others, Village Chamba, P.O Dehar,

Tehsil Sundernagar, Distt. Mandi, Himachal Pradesh-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/112/2018-IR(CM-II) dated 16/11/2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Smt. Rattani Devi

& Others, Wd/o Late Bhagat Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1698

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2.

However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.84/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2022

का

आ-

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 87/2018½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@120@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 9th September, 2022

S.O. 821.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.87/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L- 23012/120/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.87/2018

Registered on:-11.12.2018

Sh. Peera Ram S/o Sh. Maya Ram R/o Village and

Post Office Seva Badar (Seva), Tehsil Sadar Distt. Mandi (H.P.)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1699

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/120/2018-IR(CM-II) dated 16.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Sh.Peera Ram S/o

Sh. Maya Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the workman

concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.87/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2022

का

आ-

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

ch ,e ch ds izca/kra= ds laca) 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 uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 79/2018½ dks izdkf'kr djrh gS] tks dsUnzh;

ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[l- ,y-23012@166@2018-vkbZ-vkj- ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 9th September, 2022

S.O. 822.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.79/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/166/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

1700

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.79/2018

Registered on:-11.12.2018

Sh. Krishan Lal S/o Kalia Ram,Village Kandhar,

Post-Khural, Tehsil-Sundarnagar, Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/166/2018-IR(CM-II) dated 22/11/2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Krishan Lal S/o

Sh. Kalia Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.79/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 9 flrEcj] 2022

का

आ-

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 75/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@136@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1701

New Delhi, the 9th September, 2022

S.O. 823.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.75/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/136/2018– IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.75/2018

Registered on:-11.12.2018

Sh. Gian Chand & Others S/o Late Shiv Ram, Village Sidher,

PO Talyana, Tehsil Ghumarwin, Distt. Mandi, Himachal Pradesh-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/136/2018-IR(CM-II) dated 19/11/2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Sh. Gian Chand &

Others S/o Late Shiv Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.75/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1702

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 12 flrEcj] 2022

का

आ-

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

ch ,e ch ds izca/kra= ds laca) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 76/2018½

dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la- ,y-23012@102@2018-vkbZ-vkj ¼lh,e-II

]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 824.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.76/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/102/2018 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.76/2018

Registered on:-11.12.2018

Sh. Om Parkash S/o Sh. Prithi Chand, R/o Village and Post Office Maloh,

Tehsil Sundernagar, Distt. Solan, Himachal Pradesh- 173212

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board, Madhya Marg,

Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/102/2018-IR(CM-II) dated 16.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Om Parkash S/o

Sh. Prithi Chand for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1703

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.76/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2022

का.आ-

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 56/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@88@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 825.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.56/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/88/2018 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.56/2018

Registered on:-20.11.2018

Sh. Dile Ram S/o Sh. Punu Ram, R/o Village Gawar

Po Sainj Tehsil Gohar Distt-Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/88/2018-IR(CM-II) dated 14.11.2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Dile Ram S/o

Sh. Punu Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1704

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.56/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2022

का.आ.

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV (lanHkZ la[;k 93/2018) dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la

,y-23012@124@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 826.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.93/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/124/2018 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.93/2018

Registered on:-11.12.2018

Sh. Dole Ram S/o Sh. Ganda Ram R/o Village-Bakheli,

PO-Pandoh, Tehsil-Chachyot at Gohar, Distt. Mandi, Himahal Pradesh-175029

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1705

AWARD

Passed On:-25.05.2022

Central Government vide Notification No.L-23012/124/2018-IR(CM-II) dated 19/11/2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Dole Ram S/o

Sh. Ganda Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.93/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2022

का.आ.

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

ch ,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 86/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@116@2018-vkbZ-vkj ¼lh,e -II½]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 827.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.86/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/116/2018 – IR (CM-II)]

RAJENDER SINGH Under Secy.

1706

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.86/2018

Registered on:-11.12.2018

Smt. Chaitri Devi & Others, Village Jaral, P.O. Jugahan,

Tehsil SUndernagar, Distt. Mandi, Himachal Pradesh-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

… Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/116/2018-IR(CM-II) dated 16.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh Smt. Chaitri

Devi & Others W/o Late Ghalla Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.86/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2022

का

आ-

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 90/2018½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@72@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1707

New Delhi, the 12th September, 2022

S.O. 828.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 90/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/72/2018 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.90/2018

Registered on:-11.12.2018

Sh. Chaudhari Ram, S/o Sh. Panjka Ram Village Rihangali,

Po Masour, Tehsil Ghumarwin, Distt. Bilaspur (H.P)-174001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/72/2018-IR(CM-II) dated 28/11/2018, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Chaudhari

Ram, S/o Sh. Panjka Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.90/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1708

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 12 flrEcj] 2022

का

आ-

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

,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 78/2018½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@130@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 829.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.78/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/130/2018 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.78/2018

Registered on:-11.12.2018

Sh. Devi Roop S/o Muni Ram R/o Village-Jagar (Maharan),

PO-Pandoh, tehsil Sadar Mandi, Distt. Bilaspur Himachal Pradesh -175021

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board, Madhya Marg,

Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/130/2018-IR(CM-II) dated 19.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Sh. Devi Roop S/o

Sh. Muni Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also

forward a copy of such a statement to each of the opposite parties involved in this dispute under rule 10(B) of

the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1709

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.78/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 12 flrEcj] 2022

का-आ-

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

,e ch ds izca/kra= dslac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 91/2018½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@162@2018-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 12th September, 2022

S.O. 830.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.91/2018) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/162/2018–IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No. 91/2018

Registered on:-11.12.2018

Smt. Khimi Devi & Others Wd/o Late Sairoo, Village Balt,

Po Balt, tehsil Balh, Distt. Mandi(HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/162/2018-IR(CM-II) dated 27.11.2018, under clause (d)

of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. KhimiDevi &

Others Wd/o Late Sairoo for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1710

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No. 91/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का

आ

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

ch ,e ch ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj] 2 paMhx<+ ds iapkV ¼lanHkZ la[;k 61/2019½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@71@2019-vkbZ-vkj ¼lh,e -II½]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 831.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

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

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/71/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.61/2019

Registered on:-06.08.2019

Smt. Nirantla & Others W/o Sh. Shree Ram C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajpira

Po-Bhukkar Tehsil-Bhiranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

..Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1711

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/71/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Nirantla &

Others W/o Sh. Shree Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.61/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का

आ

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

,e ch ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 30/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@18@2019--vkbZ-vkj ¼lh,e-II½

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 832.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 30/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/18/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

1712

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.30/2019

Registered on:-27.05.2019

Sh. Sadhu S/o Shri Moti, Village Maglah,

Po Meramasit Tehsil Sundernagar, Distt-Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/18/2018-IR(CM-II) dated 14.05.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Sandhu S/o Shri

Moti for deeming/considering him in continuous service upto age of superannuation and resultantly

entitled for consequential benefits is legal, just and valid? If not, to what relief the workman concerned is

entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also

forward a copy of such a statement to each of the opposite parties involved in this dispute under rule 10(B) of

the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore,

on receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been

served on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

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

the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.30/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S.K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का.आ.

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

ch ,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 58/2019½ dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@66@2019-vkbZ-vkj ¼lh,e&II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1713

New Delhi, the 13th September, 2022

S.O. 833.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.58/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/66/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.58/2019

Registered on:-06.08.2019

Smt. Jamna Devi & Others W/o Sh. Mast Ram C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/66/2019-IR(CM-II) dated 25.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

‘‘Whether the action of the management of BBMB in not accepting the demand of Smt. Jamna Devi

&Others W/o Sh. Mast Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.58/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1714

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 13 flrEcj] 2022

का.आ. 834.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj ch ch

,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 65/2019½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@70@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 834.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 65/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[F. No. L-23012/70/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S. K. Thakur, Presiding Officer

ID No.65/2019

Registered on:-06.08.2019

Smt. Shakuntla Devi & Others W/o Sh. Bard Ram C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/70/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Shakuntla

Devi & Others W/o Sh. Bard Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1715

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.65/2018.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का

आ-

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

chch,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 66/2019½ dks izdkf”kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@83@2019-vkbZ-vkj ¼lh,e-II

]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 835.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.66/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[F. No. L-23012/83/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No. 66/2019

Registered on:-07.08.2019

Smt. Kunta Devi & Others W/o Late Sh. Sukh Ram

C/o Sh. Munish Kumar S/o Sh. Dharam Das, R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhouranj Distt-Hamirpurt (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/83/2019-IR(CM-II) dated 29.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Kunta Devi &

Others W/o Sukh Ram for deeming/considering him in continuous service upto age of superannuation

and resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1716

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.66/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का

आ-

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

,e ch ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 68/2019½ dks izdkf”kr djrh gS] tks dsUnzh;

ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la

,y-23012@84@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] vojlfpo

New Delhi, the 13th September, 2022

S.O. 836.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.68/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/84/2019 – IR (CM-II)][

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No. 68/2019

Registered on:-07.08.2019

Smt. Katki Devi & Others W/o Late Sh. Dahlu alias Dahlu ram

C/o Sh. Munsih Kumar S/o Sh. Dharam Dass R/o Vill-Bajoura

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1717

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/84/2019-IR(CM-II) dated 29.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Katki Devi &

Others W/o Late Sh. Dahlu alias Dahlu Ram for deeming/considering him in continuous service upto age

of superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also

forward a copy of such a statement to each of the opposite parties involved in this dispute under rule 10(B) of

the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.68/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S.K. THAKUR Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का-आ-

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

,e ch ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; uacj 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 70/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@87@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 837.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.70/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/87/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

1718

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.70/2019

Registered on:-07.08.2019

Smt. Hima Devi & Others W/o Late Sh. Sidhu Ram C/o

Sh. Munish Kumar S/o Sh. Dharam Das R/o Vill-Bajoura,

Po-Bhukkar tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2020

Central Government vide Notification No.L-23012/87/2018-IR(CM-II) dated 29.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Hima Devi &

Others W/o Late Sh. Sidhu Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.70/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S.K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का.आ. 838.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj बी

बी एम बी ds izca/kra= ds laca) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k

-

सह - Je U;k;ky; नंबर 2] चंडीगढ़ ds iapkV (lanHkZ la[;k 31/2019) dks izdkf’kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012/14/2019-vkbZ-vkj (lh,e -II)]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1719

New Delhi, the 13th September, 2022

S.O. 838.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.31/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/14/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present: SH. S.K. THAKUR, PRESIDING OFFICER.

ID No. 31/2019

Registered on:-27.05.2019

Sh. Amar Singh S/o Sh. Durga Nath, Vill. Daler Po. Gopalpur,

Tehsil Sarkaghat Dist. Mandi (HP)-175024

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/14/2019-IR(CM-II) dated 14.05.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Amar Singh S/o

Sh. Durga Nath for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.31/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S.K. THAKUR, Presiding Officer

1720

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 13 flrEcj] 2022

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

बी एम बी ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k

-

सह - Je U;k;ky; नंबर 2] चंडीगढ़ ds iapkV (lanHkZ la[;k 32/2019)

dks izdkf’kr djrh

gS] tks dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la- ,y-23012/16/2019-vkbZ-vkj (lh,e -II)]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 839.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 32/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/16/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH.

Present: SH. S.K. THAKUR, Presiding Officer

ID No.32/2019

Registered on:-27.05.2019

Sh. Pipu S/o Sh. Gandhi, Village Nehar PO Harnoda,

Tehsil Bilaspur, Sadar, Distt. Bilaspur (HP)-174001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

.. Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/16/2018-IR(CM-II) dated 14/05/2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Pipu S/o

Sh. Gandhi for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2.

However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1721

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.32/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 13 flrEcj] 2022

का.आ. 840.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj बी

बी एम बी ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k

-

सह - Je U;k;ky; नंबर 2] चंडीगढ़ ds iapkV (lanHkZ la[;k 62 /2019) dks izdkf'kr djrh gS]

tks dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[सं.

-23012/75/2019-vkbZ-vkj(lh,e -II)]

jktsUnz flag] voj lfpo

New Delhi, the 13th September, 2022

S.O. 840.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.62/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/75/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.62/2019

Registered on:-06.08.2019

Smt. Maina Devi & Others W/o Sh. Dila Ram C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhuranj Distt. Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/75/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Maina Devi &

Others W/o Sh. Dila Ram for deeming/considering him in continuous service upto age of

1722

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to what

relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.62/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

;wfu;u cSad vkQ bafM;k ds izca/kra=] laca) fu;kstdkas vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;] t;iqj ds iapkV ¼lanHkZ la- 13/2020½ izdkf'kr djrh gSA

[la- ,y-12011/58/2019-vkbZ vkj (ch-II)]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 841.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 13/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Kanpur shown in the Annexure, in the industrial dispute between the management of Union Bank of India and their

workmen.

[No. L-12011/58/2019 -IR(B-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE SHRI SOMA SHEKHAR JENA, PRESIDING OFFICER CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL–CUM- LABOUR COURT KANPUR

PRESENT : SOMA SHEKHAR JENA, HJS (Retd.)

I.D. No. 13 of 2020

L-12011/58/2019-IR(B-II) dated 04.02.2020

BETWEEN:

The General Secretary,

Union Bank Employees Union, UP,

628/M-33, Murari Nagar, Faizabad Road,

Lucknow

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1723

AND

1.

The General Manager (HR),

Union Bank of India,

Central Office, 239, Vidhan Bhawan Marg,

Nariman Point, MUMBAI-400021

2.

The Regional Manager,

Union Bank of India, Regional Office,

Mahuwa Bag, Ghazipur-

3.

The Field General Manager,

Union Bank of India, Jail Road,

Ssikraul, Varanasi (U.P)

AWARD

This award arises in respect of the reference mentioned in the schedule stated below as received from the

Government of India in letter no. L-12011/58/2019-IR(B-II) dated 04.02.2020

SCHEDULE

“Whether the action of the management of Union Bank of India in transferring Shri Virendra Ojha &

Shri Bhagwan Ram, Sub Staff from one Branch to other Branch within Ghazipur Region in the name of

job rotation by the Regional Manager, Union Bank of India, Ghazipur of is legal and justified? If not, to

what relief the transferred workmen are entitled to and to what extent?”

On receipt of notification,

notices were issued to both the parties on 6th June 2020

In response to the notice the Authorized Representative of the claimant workman filed the claim statement on

21.06.2020. On 27.08.2021 Authorized Representative of the management filed written statement. On 10.03.2022

Authorized Representative of the management filed documents and from thereon case was fixed for evidence of the

parties repeatedly. Later on a memo for not pressing the case was filed by claimant workman and the union which

was accepted by the Authorized Representative of the management side on 02.06.2022 with no objection.

Pleadings in the claim application would not be read as evidence. From the aforesaid circumstances it is

crystal clear that the workman and the union are not interested in prosecuting the case further before the Tribunal.

Hence in the given circumstances the reference stands disposed of as of ‘NIL’ award.

Parties are left to bear their respective costs.

Date: 27.06.2022

Let a soft copy be sent to the Ministry and two hard copies of the same will follow in due course of time.

SOMA SHEKHAR JENA, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

;wfu;u cSad vkQ bafM;k ds izca/kra=] laca) 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;] t;iqj ds iapkV ¼lanHkZ la- 19@2020½ dksizdkf”kr djrh gSA

[la- ,y-12011@10@2020-vkbZ vkj ¼ch-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 842.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 19/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Kanpur shown in the Annexure, in the industrial dispute between the management of Union Bank of India and their

workmen.

[No. L-12011/10/2020 -IR(B-II)]

RAJENDER SINGH, Under Secy.

1724

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE SHRI SOMA SHEKHAR JENA, PRESIDING OFFICER CENTRAL GOVERNMENT

INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT KANPUR

PRESENT : SOMA SHEKHAR JENA, HJS (Retd.)

I.D. No. 19 of 2020

L-12011/10/2020-IR(B-II) dated 11.03.2020

BETWEEN :

The General Secretary,

Union Bank Employees Association, U.P.

24/53, Birhana Road,

Kanpur (U.P.)- 208001

AND

1.

The Deputy General Manager,

Union Bank of India,

Regional Office, Pandunagar,

Pandu Nagar,

Kanpur (U.P.)

2.

The General Manager (P),

Union Bank of India,

Central Office, Nariman Point,

Mumbai – 400021

AWARD

This award arises in respect of the reference mentioned in the schedule stated below as received from the

Government of India in letter no. L-12011/10/2020-IR(B-II) dated 11.03.2020.

SCHEDULE

1.

“Whether the claim of the Union for payment of officiating special allowance to Smt. Manju Awasthi,

Single Window Operator posted at Birhana Road, Kanpur w.e.f. June, 2017 is legal and justified? If not,

what relief the concerned workman is entitled to and from what date”?

On receipt of notification, notices were issued to both the parties on 06th June, 2020 fixing 03.07.2020 for

filing of claim statement but none appeared on behalf of workman side on the fixed date. After that several dates were

fixed for filing the claim statement but none appeared on behalf of the claimant before the Tribunal. Till now no claim

statement has been filed. On behalf of O.P. side one Rajiv Singh appears and submits documents stating that this is a

matter related to payment of officiating allowance to claimant Manju Awasthi. It is stated that the claim amount Rs.

19841.34 has been deposited by O.P. management in the account of the claimant.

From the background circumstances stated above it is presumable that the claimant side is not having

intention to pursue the claim.

Hence in the given circumstances the reference stands disposed of without any relief in favour of the

claimant.

Parties are left to bear their respective costs.

Date: 24.08.2022.

Let a soft copy be sent to the Ministry and two hard copies of the same will follow in due course of time.

SOMA SHEKHAR JENA, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds laca) 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; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 60/2019½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@74@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1725

New Delhi, the 14th September, 2022

S.O. 843.—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 Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/74/2019 – IR (CM-II)]

RAJENDER SINGH Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.60/2019

Registered on:-06.08.2019

Smt. Judhya Devi &Others W/o Sh. Kamaljeet C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhiranj Distt. Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/74/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Judhya Devi &

Others W/o Sh. Kamaljeet for deeming/considering him in continuous service upto age of superannuation

and resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.60/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1726

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch 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; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 59/2019½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012/43/2019-vkbZ-vkj (lh,e -II)]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 844.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 59/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07. 09.2022.

[No. L--23012/43/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S. K. Thakur, Presiding Officer

ID No.59/2019

Registered on:-06.08.2019

Smt. Kamla & Others Wd/O Late Lalman,

Village Changar Po BBMB Colony, Sundernagar,

Tehsil Sundernagar Distt. Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/43/2019-IR(CM-II) dated 24.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Kamla &

Others Wd/o Late Sh. Lalman for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1727

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.59/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&U;k;ky; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 53/2019½ dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la-,y-23012@78@2019-vkbZ-vkj ¼lh,e-II½

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 845.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.53/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/78/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.53/2019

Registered on:-06.08.2019

Smt. Kaila Devi & Others, W/o Late Sh. Pohlo alias Pohlo Ram

C/o Sh. Munish Kumar S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board, Madhya Marg,

Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 02.06.2022

Central Government vide Notification No.L-23012/78/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand Smt. Kaila Devi &

Others, W/o Late Pohlo alias Pohlo Ram for deeming/considering him in continuous service upto age

of superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1728

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions

of the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.53/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch 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; ua- 2 paMhx<+ ds iapkV ¼lanHkZ la[;k 39/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@8@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 846.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.39/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/8/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.39/2019

Registered on:-18.06.2019

Sh. Lachman, S/o Sh. Hemant Ram,

VPO-Lalodh Tehsil-Sunder Nagar, Distt. Mandi (HP)-175001

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1729

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/8/2019-IR(CM-II) dated 22.05.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Lachman S/o

Hemant Ram for deeming/considering him in continuous service upto age of superannuation and

resultantly entitled for consequential benefits is legal, just and valid? If not, to what relief the

workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.39/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication. -

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 55/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@80@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 847.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.55/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/80/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

1730

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.55/2019

Registered on:-06.08.2019

Smt. Sarda Devi & Others, Wd/o Sh. Late Sh. Roop Lal C/o

Sh. Munish Kumar S/o Sh. Dharam Das R/o Vill-Bajoura,

P.o Bhukkar, Tehsil-Bhoranj Distt. Hamirpur (H.P)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 25.05.2022

Central Government vide Notification No.L-23012/80/2018-IR(CM-II) dated 24.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Sarda Devi &

Others, Wd/o Sh. Late Sh. Roop Lal for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute

for adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.55/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch 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; ua 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 64/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@77@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1731

New Delhi, the 14th September, 2022

S.O. 848.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.64/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L- 23012/77/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.64/2019

Registered on:-06.08.2019

Smt. Roshni Devi & Others W/o Late Sh. Rattan Lal

C/o Sh. Munish Kumar S/o Sh. Dharam Das R/o Village Bajoura

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur(HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/77/2018-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Roshni Devi

& Others W/o Late Sh. Rattan Lal for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.64/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1732

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 14 flrEcj 2022

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

ch ,e ch ds izca/kra= ds laca) 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; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 51/2019½ dks izdkf'kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022 dks izkIr gqvk FkkA

[la- ,y-23012@79@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 849.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 51/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/79/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.51/2019

Registered on:-06.08.2019

Smt. Kala Devi & Others W/o Late Sh. Nand Lal C/o Sh. Munish Kumar

S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bjoranj Distt. Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 02.06.2022

Central Government vide Notification No.L-23012/79/2019-IR(CM-II) dated 26.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Smt. Kala Devi &

Others W/o Late Sh. nand Lal for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1733

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.51/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds laca) 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; ua- 2] paMhx<+ ds iapkV ¼lanHkZ la[;k 67/2019½

dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la- ,y-23012@82@2019-vkbZ-vkj ¼lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 850.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.67/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/82/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer

ID No.67/2019

Registered on:-07.08.2019

Smt. Rattani aDevi & Others W/o Late Sh. Gareeb Das C/o

Sh. Munish Kumar S/o Sh. Dharam Dass R/o Village-Bajoura,

Po-Bhukkar, Tehsil-Bhoranj, Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/82/2019-IR(CM-II) dated 29.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

1734

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

“Whether the action of the management of BBMB in not accepting the demand of Smt. Rattani Devi

& Others W/o Late Sh. Gareeb Das for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.67/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

ubZ fnYyh] 14 flrEcj] 2022

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

ch ,e ch ds izca/kra= ds laca) 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; ua- paMhx<+ ds iapkV ¼lanHkZ la[;k 69/2019½

dks izdkf”kr djrh gS] tks

dsUnzh; ljdkj dks 07-09-2022

dks izkIr gqvk FkkA

[la- ,y-23012@85@2019-vkbZ-vkj lh,e-II½]

jktsUnz flag] voj lfpo

New Delhi, the 14th September, 2022

S.O. 851.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.69/2019) of the Central Government Industrial Tribunal-cum-

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

BBMB and their workmen, received by the Central Government on 07.09.2022.

[No. L-23012/85/2019 – IR (CM-II)]

RAJENDER SINGH Under Secy.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1735

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. S.K. Thakur, Presiding Officer.

ID No.69/2019

Registered on:-07.08.2019

Smt. Chandi Devi & Others w/o Late Sh. Dagi Ram alias Dagi C/o

Sh. Munish Kumar S/o Sh. Dharam Dass R/o Vill-Bajoura,

Po-Bhukkar Tehsil-Bhoranj Distt-Hamirpur (HP)-176045

…Workman

Versus

1.

The Chairman, Bhakra Beas Management Board,

Madhya Marg, Sector 19-B, Chandigarh-160019.

2.

The Chief Engineer, Bhakra Beas Management Board,

BSL Project, Sundernagar-175038.

…Respondents/Managements

AWARD

Passed On:- 31.05.2022

Central Government vide Notification No.L-23012/85/2019-IR(CM-II) dated 29.07.2019, under clause (d) of

sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the

following Industrial dispute for adjudication to this Tribunal.

“Whether the action of the management of BBMB in not accepting the demand of Sh. Smt. Chandi

Devi & Others W/o Late Sh. Dagi Ram for deeming/considering him in continuous service upto age of

superannuation and resultantly entitled for consequential benefits is legal, just and valid? If not, to

what relief the workman concerned is entitled to and from which date?’’

1. The Ministry of Labour & Employment, Government of India while referring the above Industrial Dispute for

adjudication also directed the following:-

“The parties raising the dispute shall file a statement of claim complete within relevant documents, list of

reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and

also forward a copy of such a statement to each of the opposite parties involved in this dispute under rule

10(B) of the Industrial dispute (Central), Rules, 1957”.

2. However, no claim statement was filed by the workman within the stipulated period. Despite the directions of

the Central Government not complied by the workman opportunity was provided to the workman and, therefore, on

receipt of the above reference notice was sent to the workman as well as to the respondents/managements for

appearances for adjudication. The postal article sent to the workman, referred above, is deemed to have been served

on the parties under dispute as the post sent has not been received back as undelivered.

3.

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

several opportunities afforded to file claim statement. This shows that the workman is not interested in adjudication of

the matter on merit.

4.

Since the workman has neither put his appearance nor he has filed statement of claim to prove his cause

against the respondents/managements. As such this Tribunal is left with no alternative except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the instant reference ID No.69/2019.

5.

Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for

publication.

S. K. THAKUR, Presiding Officer

1736

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 15 flrEcj] 2022

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

;wfu;u cSad vkWQ bafM;k ds izca/kra=] laca) 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; ua- 2 fnYyh ds iapkV ¼lanHkZ la- 20@2013½ dks izdkf”kr djrh

gSA

[la- ,y-12012@56@2012-vkbZ vkj ¼ch-II½]

jktsUnz flag] voj lfpo

New Delhi, the 15th September, 2022

S.O. 852.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 20/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.-

II, Delhi shown in the Annexure, in the industrial dispute between the management of Union Bank of India and

their workmen.

[No. L-12012/56/2012 -IR(B-II)]

RAJENDER SINGH, Under Secy.

ANNEXURER

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. 20/2013

Date of Passing Award- 16.08.2022

Between:

Shri Gopal Singh Rawat,

Through Legal Heirs,

R/o 17, Old Mohanpuri,

Behind Office Sub Registrar,

Meerut (U.P).

…Workman

Versus

1.

Managing Director,

Union Bank of India, Union Bank Bhawan,

293, Vidhan Sabha Marg, Mumbai.

2.

Deputy Manager (P)

Union Bank of India

Regional Office,

Varanasi, UP

3.

General Manager(P)

Union Bank of India,

Industrial Relation Department,

Central Office, Mumbai,

Mumbai.

4.

Branch Manager,

Union Bank of India,

Delhi Road, Meerut,

Meerut, UP

…Managements

Appearances:-

Shri Anish Kumar Mishra (A/R) : For the Claimant

Shri Rajat Arora (A/R)

: For the Management

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1737

AWARD

The Government of India in Ministry of Labour & Employment has referred the present dispute existing

between employer i.e. the management of Union Bank of India, Union Bank of Bhawan, 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-12012/56/2012 (IR(B-II) dated 28/02/2013 to this tribunal for adjudication to the following effect.

“Whether the action of the management of Union Bank of India in terminating the services of Shri Gopal

Singh Rawat by way of punishment vide order dated 12/07/1999 and order of appellate authority dated

12.01.2001 is justified, if not, to what relief he is entitled to?”

This order deals with the grievance of the claimant (since dead and substituted by legal heirs) with regard to

the punishment imposed on him in the domestic inquiry whichhe describes as unreasonably disproportionate to the

charge leveled against him.

In order to deal with the dispute and the grievance of the claimant it is necessary to set out the relevant facts

as per the claim statement in detail. The claimant at the relevant time was working as the cashier/clerk in the

management Bank. On 12th April 1996 he was discharging the function of the receiving cashier in the Delhi Road

Merrut Branch of the Bank. On that day two bearer cheques bearing no 603253 dated 14thMarch 1996 and cheque no

603257 dated 20thMarch 1996 for Rs 19,960 and Rs.23,582 respectively were issued by M/S Narender Tyers in favour

of M/S Apollo Tyres Ltd. Both the establishments were maintaining account in the Branch of the Bank at Merrut,

where the claimant was working. Both the cheques were deposited in the CD account of Apollo Tyres. On a

complaint received from Apollo Tyres that the amount in respect of both the cheques have not been credited to their

account a preliminary inquiry at the branch level was conducted and it was ascertained that on 12th April 1996, the

claimant working as the receiving cashier on being asked by the cashier /clerk Rajendra Kumar working in the same

branch issued two tokens in respect of those two cheques ignoring the instruction of the customer for crediting the

amount in to the account. Using those two tokens an amount of Rs. 43,542/- was fraudulently encashed. It was

detected that the claimant working as the cashier on that day had entered the cheques in the scroll for deposit of the

amount in the account of the payee and simultaneously issued tokens for encashment of the amount. When the

fraudulent action of the claimant was detected, he, on 5th July, by using pay in slip filled in his own hand writing,

made deposit of Rs 38,542/- in the account of Apollo Tyres and on 19th July 1995 made deposit of the balance 5000/-

in the current account of Apollo Tyres. Pursuant to the preliminary fact finding inquiry, charge of misconduct was

framed and after calling for the reply from the claimant, domestic inquiry was conducted in which the charged

employee was given opportunity to defend himself. The charged employee participated in the inquiry, which ended

with a finding that the claimant being a permanent employee of the Bank committed grave misconduct affecting the

reputation of the Bank and impacting it’s customer relationship and faith. Thus the disciplinary authority accepted the

punishment proposed by the inquiry officer and after serving the show cause notice, passed the order dismissing the

claimant from service by order dated 12/07/2009. Being aggrieved the claimant had preferred a departmental appeal

which was also rejected the same confirming the order of the disciplinary authority.

Challenging the said order of dismissal, when an industrial dispute was raised and attempt for conciliation

failed, the appropriate Govt. referred the matter for adjudication. Issues were framed basing on the pleadings of the

parties and the issue relating to the fairness of the inquiry was taken up for decision s a preliminary issue. This

tribunal after recording evidence and hearing argument advanced by both the parties, by order dated 11/11/2019, came

to hold that no illegality was committed in conduct of the inquiry and the plea taken by the claimant that the Deputy

Manager is not competent to conduct the inquiry was not accepted. Thereafter both the parties were called upon to

advance argument on the proportionality of the punishment imposed on the claimant.

Detail argument was advanced by the AR for both the parties.

Whereas the learned AR for the Management supported the order imposing punishment as proper, the

claimant has described the same as extremely harsh. During course of argument it was pointed out by the AR for the

claimant that for the long drawn litigation the claimant was deprived of contesting the matter properly and died during

the pendency of the proceeding. His legal heirs are suffering for the illegal dismissal of the claimant .a lenient view

may be taken in the matter. The counter argument by the learned A/R for the Bank is that it is a case of loss of

confidence. The business of the Bank thrives on the faith and confidence of the customers. The action of the claimant

had visibly impacted the business of the Bank and as such he does not deserve any sympathy.

This tribunal in view of the arguments advanced has to give a finding on the proportionality of the

punishment imposed on the claimant. In the case of Muriadih Colliery VS. Bihar Coalliery Kamgar Union (2005)

3 SCC331, the Hon’ble SC have held:-

“it is well-established principle in law that in a given circumstance, it is open for the Industrial Tribunal

acting u/s 11-A of the I D Act 1947 to interfere with the punishment awarded in the domestic inquiry for

good and valid reasons. If the tribunal decides to interfere with such punishment awarded in domestic

1738

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

inquiry, it should bear in mind the principle of proportionality between the gravity of the offence and

stringency of the punishment.”

Whether a misconduct is severe or otherwise depends on the facts of each particular case. In a case where the

charge is about misappropriation of a customer’s money or breach of Trust, no doubt the same is serious in nature and

distinguishable from the charge of demeanor or in subordination as in this case. More over the finding in the relevant

inquiry is based upon the oral and documentary evidence. It is a matter of record that the claimant, on detection of the

wrong done by him, had made deposit of the misappropriated amount in to the account of the complainant Apollo

Tyres on two different date. The explanation offered by the claimant was found not acceptable by the disciplinary

authority and the departmental appellate authority.

In the case of Regional Manager U.P.S RTC, Etawah & others VS Hotilal and another, 2003(3) SCC

605, referred in the later case of U.P.S R.T.C VS Nanhelal Kushwaha (2009) 8 SCC, 772, the Hon’ble Apex

Court have held that “The court or Tribunal while dealing with the quantum of punishment has to record reason as to

why it is felt that the punishment inflicted was not commensurate with the proved charge. A mere statement that the

punishment is not proportionate would not suffice. It is not only the amount involved ,but the mental set up, the type

of the duty performed and similar relevant circumstances, which go into the decision making process are to be

considered while deciding the proportionality of the punishment awarded. If the charged employee holds a position of

trust where Honesty and Integrity are in built requirements of functioning, it would not be proper to deal with the

matter leniently.”

As stated in the preceding paragraph the allegation against the claimant was of misconduct leading to loss of

faith and Trust of the customer which in turn, led to loss of confidence of the employer on the employee.

The learned AR for the management while placing reliance in the case of M/S Firestone Tyre and Rubber

Co of India vs. the Management and Others argued that the discretion vested in the Tribunal u/s 11-A should be

judiciously exercised. The crux of his argument is that the punishment imposed on the claimant is appropriate to the

charge and the Tribunal should not interfere.

The learned AR for the claimant on the otherhand argued on the legislative intention behind incorporation of

sec 11A of the Act by placing reliance in the case of ML Singla vs. Punjab National Bank, AIR 2018 SC 4668,

submitted that in the said judgment the Hon’ble SC have held that even if the issue relating to the fairness of the

inquiry is decided in favour of the employer, even then the Tribunal has to consider if the punishment commensurate

the charge.

It is felt proper to observe that in the case of Firestone referred supra, the Hon’ble SC have held that after

incorporation of the provision of sec 11A in the ID Act, the Tribunal in order to record a finding on the fairness of the

domestic inquiry or the proportionality of the punishment, can not be confined to the materials which were available at

the domestic inquiry. On the otherhand ‘material on record’ in the proviso to sec 11A of the ID Act must be held to

refer the materials before the Tribunal. Which are(1) the evidence taken in by the parties during the domestic inquiry

(2) the evidence taken before the Tribunal. But in this case no evidence has been adduced by the claimant before this

Tribunal to presume that the punishment imposed is disproportionate to the charge. Thus on considering the evidence

recorded during the domestic inquiry and adduced before this Tribunal, the one only conclusion is that the punishment

imposed on the claimant for misappropriation of customer’s money amounting to mis conduct is proportionate to the

charge. Merely because the claimant made refund of the amount mis appropriated, will not put him in a position for

sympathy. Hence it is not felt proper to interfere and modify the punishment in exercise of the power conferred u/s

11A of the ID Act. Hence, ordered.

ORDER

The reference be and the same is answered against the claimant. The finding of the disciplinary Authority in

imposing the punishment is held proportionate to the finding of grave misconduct. The claimant is held not entitled to

any relief. 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.

16th August, 2022

PRANITA MOHANTY Presiding Officer

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1739

ubZ fnYyh] 15 flrEcj] 2022

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

flafMdsV cSad ds izca/kra=] laca) 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; ua- 2 fnYyh ds iapkV ¼lanHkZ la- 37@2014½ dks izdkf”kr djrh gSA

[la- ,y-12011@12@2014-vkbZ vkj ¼ch-II½]

jktsUnz flag] voj lfpo

New Delhi, the 15th September, 2022

S.O. 853.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 37/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.-

II, Delhi shown in the Annexure, in the industrial dispute between the management of Syndicate Bank and their

workmen.

[No. L-12011/12/2014 -IR(B-II)

RAJENDER SINGH, 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. 37/2014

Date of Passing Award- 29.07.2022

Between:

The President,

Syndicate Bank Staff Association,

Ram Naresh Bhawan, B.M.S Central Office,

Tilak Gali, Chuna Mandir, Paharganj,

New Delhi-110055.

…Workman

Versus

The General Manager,

Syndicate Bank, R.O Sarojni House,

New Delhi-

…Management

Appearances:-

Shri Sunil Prakash (A/R) : For the claimant

Shri Rajesh Mahindru (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 Syndicate Bank, 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-12011/12/2014

(IR(B-II) dated 02/04/2014 to this tribunal for adjudication to the following effect.

“Whether the refusal of promotion to Shri Samuel, the workman by the management of Syndicate Bank even

though he is carrying the basic eligibility criteria is just, fair and legal? What relief the workman concerned is

entitled to?”

As per the claim statement the claimant Shri Samuel represented by the Syndicate Bank Staff Association a

registered trade Union of the employees of Syndicate Bank, had started working as an Attender in the subordinate

cadre of the Bank since, 01.12.1986. after completing 5 years of service and for having the requisite educational

qualification as well as for the seniority in the existing cadre he was entitled to be promoted to the non subordinate

cadre (clerk) as per the policy of the Bank. But the management Bank without any reason denied the promotion. Being

aggrieved the workman approach the claimant union who raised an industrial dispute before the ALC( C).Before the

said commissioner a conciliation proceeding was taken up but could not yield the desired result. The appropriate

government then referred the matter to this tribunal for adjudication as per the terms of the reference. In the claim

1740

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

statement the claimant has further elaborated that since the year 1993 he was appearing as a candidate for promotion

in respect of the vacancies duly notified by the management. But for reasons best known to the management he was

denied the promotion. The Syndicate Bank is a member of Indian Bank Association and the provisions of various

awards and bipartite settlements arrived to ensure harmony between the management and the employee very well

applies to the management bank. But the management in complete violation of the terms of bipartite settlement

refused the promotion to the claimant who belongs to the minority community. Thus, the claimant has stated that for

the discrimination and unfair practice adopted by the management he has been victimized. Though, he was appearing

in the promotion process on different years since 1993 the bank management on each occasion found him unsuitable

without any valid reason. It has also been stated that as per the bipartite settlement a subordinate staff of the bank

having qualification of secondary certificate examination and 5 years of experience is eligible for the promotion to the

non subordinate cadre. The claimant passed the secondary school examination in the year 1989 and also passed higher

secondary examination in the year 1994. But to his misfortune he was not given promotion by the Bank who had some

ulterior intention behind the said action. Thus, in this claim statement the claimant has prayed for a direction to the

management to give him promotion to non subordinate cadre w.e.f 1993 and pay him the salary and all other service

benefits w.e.f 1993 and the promotion process taken in the year 1993 and thereafter during which the claimant was not

promoted be treated as void.

Notice of the claim being served the management appeared and filed written statement. In the written

statement the maintainability of the proceeding was challenged on the ground that the union which has raise the issue

is not the authorized union and the claimant Shri Samual is not a member of the same. Further the refusal of the

promotion is not an industrial dispute as define in the Id Act since the same is not a condition of service but an

incidence of the service. The issue doesn’t involve employment, non employment or violation of the condition of the

employment of the claimant. With regard to the allegations made by the claimant it has been stated in the WS that the

erstwhile Syndicate Bank now merged with Canara Bank is a member of Indian Bank Association and bound by the

different awards and bipartite settlement. As per the said award and settlement the Bank periodically discusses with

the recognized majority workman union to arrive at an understanding on the issue of mutual interest which includes

promotion from subordinate cadre to non subordinate cadre. Thus, the process of selection and mode of promotion

changes from time to time. The Bank has signed a settlement with the majority union for filling up the posts in clerical

cadre by way of promotion and according to the settlement process the exercise of promotion shall be completed

during the relevant year. The Bank carries out the process of promotion in a very transparent manner. The aspirants

for such promotion go through various stages of selection including written test viva viz and branch review. After

consideration of the individual employee a merit list is prepared and promotion is given. The claimant had appeared in

the selection process for promotion in the year 1995, 1997, 2003, 2006 and 2011. But on all the occasions he could not

qualify the test. It is in the year 2014 he qualified the test and got promotion. While denying the allegation of

discrimination and unfair practice the management has challenged the claim as not maintainable. All other allegations

leveled by the claimant has been denied.

The claimant filed rejoinder retreating the stand taken in the claim petition.

On the rival pleadings the following issues were framed for adjudication.

ISSUES

1.

Whether the refusal of promotion to Shri Samuel the workman by the management is just fair and

legal. If so its effect.

2.

Whether the workman is entitled for promotion with back wages and allowances w.e.f 1993.

3.

To what relief the workman is entitled to and from which date.

The claimant testified as WW2 and produced several documents which have been marked in a series of

exhibit WW2/1 to WW2/11. The president of the Union has testified as WW1 and proved the documents of espousal.

Both the witnesses were cross examined at length by the management. The Manager (HR) of Syndicate Bank

Regional Office Delhi has been examined as MW1 who filed photocopies of the Bank circular relating to promotion

from sub staff to clerical cadre decided as a policy of the Bank in different years.

The Ld. A/R for the claimant open the argument saying that the bank has taken all false pleas and

intentionally he was kept out of the list of selected candidate. Time and again he was appearing but for some vague

reasons he was not selected. Not only that the documents relating to the procedure of selection and the list of selected

candidate alongwith the merit list and the marks scored though asked was never supplied. On the other hand the Ld.

A/R for the management Bank argued that the claimant had made application under RTI and all permissible

documents were supplied to him. While admitting that the claimant had appeared on various years he explained that

promotion cannot be claimed as a matter of right and dependent on the performance of the candidate.

The admitted facts are that the claimant had joined the Bank as a subordinate staff on 01.12.1986 and got

promotion as a clerk on 24.08.2014. The claimant has stated that for promotion from subordinate cadre to non

subordinate cadre the candidate as a pre condition should have completed 5year service with the Bank and should

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1741

have passed secondary school certificate examination. The claimant cleared his secondary school certification

examination in 1993 and senior secondary examination in 1995. By filing photocopies of the certificate issued by the

appropriate board he has claimed his eligibility. In the sworn testimony he has stated that since 1993 he has been

applying and appearing every year in the selection test for promotion but for the arbitrariness, discrimination and

illegality in gross violation of the terms of the bipartite settlement the promotion was denied to him. He then

approached the union and raised a dispute before the Labour Commissioner where the conciliation process though

taken up failed. He has alleged against some individual officers of the Bank for denial of promotion. His statement has

been corroborated by WW1the President of the Union. During cross examination the witness admitted that the

promotion from the post of Attender to clerk is not a routine process and the candidate has to appear in the written test

as well as in the interview. He has further admitted that in all his attempts before 2014 he failed. For qualifying in the

test 2014 he got his promotion. This statement of the claimant has also found support from the evidence of the

management witness MW1. She is the HR Manager who looks over the affairs relating to promotion. Her evidence

reveals that the procedure for promotion is not automatic but based upon certain criteria. These criteria are changed

every year after discussion with the majority union and the terms are decided as acceptable to both the parties. The

witness has further stated that the claimant in the year qualified in the written test viva and his branch report was

satisfactory.

The Ld. A/R for the claimant submitted that intentionally the claimant was left out of the selection process

and the documents which could have been proved in support of his eligibility were never made available. He argued

that the information sought under RTI were also not supplied.

Perusal of the record shows that the claimant during the proceeding had never taken steps for the records to

be called from possession of the bank. Further perusal of the record shows that after the closure of evidence a petition

was filed to call for the document which was not considered. Thus, from the circumstances it clearly appears that the

claimant has failed to discharge the primary burden of proving that he had qualified in the test but not given the

promotion. During course of argument it came out that the claimant has retired from service in the meantime on

attaining the age of superannuation. There is absolutely no documentary evidence which has proved that the claimant

was denied of his legitimate rights in getting the promotion. As admitted by both the parties and from the documents

filed by the management it is proved that the promotion from subordinate cadre to clerical cadre is subject to

successful completion of the qualification test and the claimant as per his own admission had failed to clear the same

on previous years. It is in the year 2014 he cleared the test and got the promotion. In such a situation it is held that the

refusal by the management to give promotion to the claimant to the post of clerk prior to 2014 was proper and no

illegality or discrimination was meted to the claimant. Thus, all the issues framed are answered against het claimant.

Hence, ordered.

ORDER

The reference be and the same is answered against the claimant and it is held that no illegality was ever

committed by the management Bank in not giving promotion to him prior to 2014. 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.

29th July, 2022.

PRANITA MOHANTY, Presiding Officer

ubZ fnYyh] 15 flrEcj] 2022

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

cSad ds izca/kra=] laca) 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 ¼lanHkZ la- 102@1993½ dks izdkf”kr djrh gSA

[la- ,y-12012-18@93-vkbZ vkj ¼ch-II½]

jktsUnz flag] voj lfpo

1742

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 15th September, 2022

S.O. 854.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award Ref.102/1993 of the Cent.Govt.Indus.Tribunal-cum-Labour Court Jabalpur

shown in the Annexure, in the industrial dispute between the management of UCO Bank and their workmen.

[No. L-12012/18/93 -IR(B-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

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

JABALPUR

NO. CGIT/LC/R/102/1993

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

Shri Ashok Kumar Verma

Ghospura No.1, Choti Bajariya

Hazira Gwalior (M.P.)

…Workman

Versus

The Manager, UCO Bank,

Ranipura Branch,

Gwalior(M.P.)

…Management

AWARD

(Passed on 10-8-2022)

As per letter dated 17-5-1993 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-

12012/18/93-IR(B-II). The dispute under reference relates to:

“Whether the action of the management of UCO Bank Ranipura Branch, Gwalior in terminating the

services of Shri Ashok Kumar Sharma w.e.f. 4-7-92 is justified or not? 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 statement of defence/claim.

2.

The case of the workman as stated in his statement of claim is that he was appointed with the Bank as Peon

on 31-8-1989 in Ranipura Branch of the Management Bank on daily wages. He continued till 6-7-1992 without any

break. Thus worked continuously for more than 240 days in every year including the year preceding the date of his

termination. His services were abruptly terminated by the Branch Manager under a verbal order on 6-7-1992 without

issuing any notice or pay in lieu of notice which is against Section 25F of the Industrial Disputes Act,1947(hereinafter

referred to as the word’Act’). In other Branches of Management several daily rated employees who were engaged in

the same way are still working with the Management Bank, hence his termination is in violation of Article 14 & 16

and 21 of the Constitution of India. Accordingly he has prayed that, setting aside his termination he be reinstated with

full back wages and benefits.

3.

The case of the management, as taken in their written statement of defence is mainly that the workman was

daily wager casual labour engaged in the Bank as and when required. He was not appointed as per rules and

following procedure of recruitment. He was paid for the daily work done by him on daily basis. He never completed

240 days or more in any year including the year preceding the date of his termination. It has been prayed that the

reference be answered against the workman.

4.

The Award was passed by my Learned Predecessor on 16-2-1998 with a finding that the continuous

engagement of the workman for 240 days could not be proved, hence his dis-engagement without notice or

compensation is not in violation of the Act. Accordingly the reference was answered against the workman holding his

termination by management according to law and further holding him not entitled to any relief.

5.

It has come out from perusal of record, that the workman had preferred an Appeal No.2507/1998 before

Hon’ble High Court of M.P. at Jabalpur which was decided by the Single Bench of Hon’ble High Court vide order

dated 8-12-2016. Hon. High Court observed that certain documents especially Annexure P-5 which was issued by the

Branch Manager was filed by the workman during the hearing of the said writ petition. The Respondent Management

Bank was not in a position to specifically deny these documents specially Annexure P-5, hence setting aside the

Award dated 16-2-1998 passed by my learned Predecessor, Hon’ble High Court directed this Tribunal to decide this

reference afresh. It was also observed that the workman will file the documents which were filed by him as annexure

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1743

to the writ petition with his affidavit under Order 18 rule 5 of CPC, the Management will be given the opportunity to

cross-examine the workman and also opportunity to rebut the evidence shall be given to management and thereafter a

fresh award be passed. It is only under the directions of Hon. High Court, that the workman filed his affidavit dated 2-

1-2017. He also filed and proved documents statements regarding details of payment made by Bank within the

period 1-4-1990 to 31-3-1992 Exhibit W-1 annual return regarding payment of bonus for the period 1-4-1991 to 31-3-

1992 submitted by Manager of the management Bank. Letter of the Branch manager No.1/92 dated 4-2-1992 and

statement of account. The workman proved these documents as Exhibit W1 to W4 respectively by way of secondary

evidence under permission of this Tribunal. He has been cross-examined by Management learned counsel.

6.

The Management has filed affidavit of Shri Virendra Bharadwaj, Assistant General manager, Wright Town,

Jabalpur Branch. He has been cross-examined by workman side. No documents has been filed by Management.

7.

I have heard arguments of learned counsel Mr. A.K.Shashi, for workman and Mr. Sunil Jain for the

Management. I have gone through the record as well.

8.

On perusal of record in the light of rival arguments, the following issues arise for determination, in the case

in hand:-

1.

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

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

2.

Whether termination service of the workman by Management is justified in law?

3.

Whether the workman is entitled to any relief?”

9.

ISSUE NO.1:-

Before proceeding, Section 25B of the Act requires to be produced here, which is as follows:-

U25 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.

10.

The respective pleadings of parties on this issued has already been dealt earlier. The workman has

corroborated his case on this issue in his statement on oath. He has proved statement regarding details of his work

done as Exhibit W-1. The management witness has denied the genuiness of the documents. Learned counsel for the

Management has submitted that this document does not bear the signature of any bank Officer. It is not on the Bank

letter head. He has further referred to statement of management witness on this point where he has stated that in the

year 1989 to 1992, computers were not used for preparing statement and perusal of Exhibit W-2 shows that it has not

been signed by any bank officer. This is also not on bank letter head, hence Exhibit W-1 cannot be relied upon

because its truthfulness appears doubtful. Exhibit W-2 is the annual return with respect to the bonus paid signed by

management. This return is submitted to the Office of Labour Commissioner under payment of Bonus Act, the name

of the workman finds mention in its list. These documents goes to show that the workman was under employment of

Management and he was paid bonus. This document does not disclose as to bonus of how many days was given to

the workman but these documents certainly shows and corroborates the statement of workman that he was engaged by

management bank though as a daily wager. Exhibit W-3 is the document which was filed before Hon’ble High Court

as Annexure-P5. This document is a letter issued by the Branch Manager to the Regional Officer Bhopal. It is

mentioned in this letter that the workman Ashok Kumar Sharma is under engagement of the Management Bank since

31-8-1989 till date and his name is in the Authorised panel of bank. The Management witness, when confronted with

this document in his cross-examination, has stated that document may be genuine because it is on bank letter head,

though it does not contain any seal or signature. Perusal of Exhibit W-3 disclosed that it does not contain the

signature of the Manager.

1744

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

11.

ON the other hand, the management witness has stated that no documents are available regarding the

workman in the Bank. He has further stated that he has never been posted in the branch.

12.

As it is evidence from the above description, the statement of the workman of his continuous engagement is

further corroborated by documentary evidence as statement of management witness is not corroborated by any other

evidence. Hence the statement of workman and the evidence of workman on this point appears more reliable.

Accordingly, it is held that the workman has successfully proved his continuous engagement for 240 days and more

for every year including the year preceding the date of his termination . Issue No.1 is answered accordingly.

13.

ISSUE NO.2:-

Section 25 F of the Act is being reproduced as under:-

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.]

14.

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

termination, hence his termination is held in violation of Section 25F of the Act. Issue No.2 is answered

accordingly.

15.

ISSUE NO.3:-

On the basis of findings recorded above, the question arises as to what relief the workman is entitled. It has

been submitted by learned counsel for the workman that the workman has been fighting an unequal battle since the

year 1992. He deserves to be reinstated and regularized in the bank . Learned counsel has referred to decision of

Hon’ble the Apex Court in the case of Ramesh Kumar Vs. State of Haryana (2010) 2 SCC 542. IN the referred

case, the workman was casual maali in public works department of Haryana government. Learned Counsel has further

referred to another judgment of Hon’ble the Apex Court in Durgapur Casual Workers Union & Others Vs. Food

Corporation of India & Others, Civil appeal No.10856 of 2014 arising out of SLP(C ) No.31531/2009. IN this case

Hon’ble the Apex Court has held that the decision of its constitutional Bench in case of State of Karnataka and

Anr. Vs. Uma Devi and Anr(2006) 4 SCC 1 it does not denude the Industrial Tribunal and Labour Courts of their

statutory power when they find that unfair labour practice has been done by management.

16.

IN the case in hand, the workman was not appointed against any vacancy. He was not appointed according

to the recruitment procedure. So far as the argument of learned counsel for the workman that he is entitled to be

regularized as per Scheme of 1989, it cannot be accepted because the Scheme was announced in the year 1989 and

was applicable to the persons in employment of any type for 240 days with or without break in 3 years preceding the

date of the Scheme. The case of the workman is not covered in that Scheme, hence he cannot claim for his

regularization in that Scheme.

17.

The workman was first engaged in the year 1989, since then 33 years have passed. Naturally he would have

attained the age of superannuation or on the verge of superannuation, had he been employed. Hence his reinstatement

as a casual labour will not serve the ends of justice. It is true that he has been fitting an unethical battle since the year

1992 till date before this Tribunal and before Hon’ble High Court, hence keeping all the facts in mind a lump sum

compensation in lieu of all his claims quantified at Rs.2,00.000/-(two lakhs) will meet the ends of justice in my

considered view which he is held entitled to receive from the management Bank within 30 days from the date of

publication of Award, failing which the interest @ 6% per annum from the date of publication of Award till payment.

Issue No.3 is answered accordingly.

18.

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

A.

The action of the management of UCO Bank Ranipura Branch, Gwalior in terminating the services

of Shri Ashok Kumar Sharma w.e.f. 4-7-92 is held not legal and proper.

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1745

B.

The workman is held entitled to lump sum compensation in lieu of all his claims quantified at

Rs.2,00.000/-(two lakhs) to be received from the management Bank within 30 days from the date

of publication of Award, failing which the interest @ 6% per annum from the date of publication

of Award till payment.

19.

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

rules.

DATE: 10-8-2022

P. K. SRIVASTAVA, Presiding Officer

ubZ fnYyh] 15 flrEcj] 2022

—vkS|ksfxd fookn vf/kfu;e] 1947 ¼a1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

flafMdsV cSad ds izca/kra=] laca) 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- 2 fnYyh ds iapkV ¼lanHkZ la- 19@2009½ dks izdkf”kr djrh gSA

[la- ,y-12012@85@2008-vkbZ vkj ¼ch-II½]

jktsUnz flag] voj lfpo

New Delhi, the 15th September, 2022

S.O. 855.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award Ref.19/2009 of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.-II,

Delhi shown in the Annexure, in the industrial dispute between the management of Syndicate Bank and their

workmen.

[No. L-12012/85/2008 -IR(B-II)]

RAJENDER SINGH, Under Secy.

ANNUXRE

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. 19/2009

Date of Passing Award- 16.08.2022

Between:

Shri Rajpal Singh,

R/o 140/22, Street No. 38, Sadh Nagar-II,

Palam Colony,

New Delhi- 110045.

…Workman

Versus

The General Manager,

Syndicate Bank, Sarojini House 6,

Bhagwan Dass Road,

New Delhi.

…Management

Appearances:-

Shri Kumar Gaurav (A/R) : For the claimant

Shri Rajesh Mahindru (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 Syndicate Bank, 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-12012/85/2008

(IR(B-II) dated 05/02/2009 to this tribunal for adjudication to the following effect.

1746

THE GAZETTE OF INDIA : SEPETEMBER 17, 2022/BHADRA 26, 1944

[PART II—SEC. 3(ii)]

“Whether the action of the management of Syndicate Bank in Awarding the punishment of termination from

services of Shri Rajpal Singh w.e.f 31/12/2002, after acquittal of the workman by the court is just, fair and

legal? What relief the concerned workman is entitled to and from which date?’’

This order deals with the grievance of the claimant with regard to the punishment imposed on him in the

domestic inquiry which he describes as unreasonably disproportionate to the charge leveled against him.

In order to deal with the dispute and the grievance of the claimant it is necessary to set out the relevant facts

as per the claim statement in detail.

The claimant, an ex army person, at the relevant time was working as the attender in the management Bank at

it’s Head District Office, Gurgaon. He was initially appointed as probationary attender on 04/10/1983 and confirmed

in the service of the Bank on 04/04/1984. On a complaint that while working in the central Accounts Office during the

period 09/10/1986 to 24/10/1986, the claimant removed / destroyed some cheques having value of Rs 74, 000/- when

presented for clearance and managed to cause wrong full gain to himself by crediting the account to his own account.

The mischief was detected and when confronted the claimant admitted his guilt. He was placed under suspension with

effect from 22/11/1986 and FIR was lodged against him on 25/11/1986. Since the criminal Trial was pending against

him the departmental domestic inquiry was kept on hold as agreed in the Bipartite Settlement applicable to the

claimant and the Bank. Since the criminal Trial prolonged for an unreasonably long period the Bank on a sympathetic

consideration, revoked the order of suspension and the claimant was re instated in to duty from 27/02/1998. During

the period of suspension he was paid subsistence allowance as admissible. On 06/07/2000 the trial of the criminal case

ended with a finding of acquittal as benefit of doubt was extended to him. There after the Bank started the

departmental proceeding, which started with the framing of charge. All the procedures required for the said inquiry

was followed and the claimant as the charged employee had participated in each and every stage of the inquiry which

culminated with a finding of guilt by the inquiring officer. The order of inquiry was served on the claimant calling

him to show cause as to why the proposed punishment shall not be imposed on him. The explanation offered not being

found satisfactory, the disciplinary authority passed the order of termination from service. The departmental appeal

preferred by him was rejected and the order of the disciplinary authority was confirmed.

Being aggrieved the claimant raised an industrial dispute in which amongst others he pleaded about

unfairness in conduct of the inquiry. On completion of the pleadings, issues were framed and the issue relating to the

fairness of the inquiry was considered as the preliminary issue, since the Tribunal, before deciding the justification

and correctness of the punishment awarded is required to decide, if the inquiry, a quasi judicial proceeding was

conducted fairly and by observing the Principles of Natural Justice.

This Tribunal by order dated 25/03/2022 have already decided the said issue against the claimant holding that

the procedure adopted during the inquiry was correct and the claimant was allowed due opportunity to defend himself.

Not only that it has also been held that the delay in framing the charge and commencement of the inquiry after closure

of the criminal Trial has not caused prejudice to the claimant as the same is in accordance to the terms of Bipartite

settlement and order of acquittal recorded in a criminal Trial shall not necessarily terminate the departmental

proceeding in favour of the charge sheeted employee as the standard of proof required in those proceedings re distinct

and separate. Thus the claimant was called upon to advance argument on the proportionality of the punishment

imposed. Both parties advanced detailed argument in support of their respective stand.

Whereas the learned AR for the Management supported the order imposing punishment as proper, the

claimant has described the same as extremely harsh. During course of argument it was pointed out by the AR for the

claimant that for the long drawn litigation the claimant was deprived of contesting the matter properly and now

suffering for the illegal order of dismissal. Hence a lenient view may be taken in the matter and the fact of acquittal in

the criminal trial be considered for deciding the proportionality of the punishment. The counter argument by the

learned AR for the Bank is that it is a case of loss of confidence. The business of the Bank thrives on the faith and

confidence of the customers. The action of the claimant had visibly impacted the business of the Bank and as such he

does not deserve any sympathy.

This tribunal in view of the arguments advanced has to give a finding on the proportionality of the

punishment imposed on the claimant. In the case of Muriadih Colliery VS Bihar Coalliery Kamgar Union (2005) 3

SCC331,The Hon’ble SC have held:-

“it is well-established principle in law that in a given circumstance, it is open for the Industrial Tribunal

acting u/s 11-A of the I D Act 1947 to interfere with the punishment awarded in the domestic inquiry for

good and valid reasons. If the tribunal decides to interfere with such punishment awarded in domestic

inquiry, it should bear in mind the principle of proportionality between the gravity of the offence and

stringency of the punishment.”

Whether a misconduct is severe or otherwise, depends on the facts of each particular case. In a case where

the charge is about misappropriation of a customer’s money or breach of Trust, no doubt the same is serious in nature

and distinguishable from the charge of demeanor or in – subordination, as in this case. More over the finding in the

[भाग II—ख᭛ ड 3(ii)]

भारत का राजपᮢ : िसत᭥ बर 17, 2022/भाᮤ 26, 1944

1747

relevant inquiry is based upon the oral and documentary evidence. It is a matter of record that the claimant, on

detection of the wrong done by him, had admitted about the misappropriated amount. The explanation offered by the

claimant was found not acceptable by the disciplinary authority and the departmental appellate authority.

In the case of Regional Manager U.P.SRTC, Etawah & Others VS Hotilal and another, 2003(3) SCC

605, referred in the later case of U.P.SRTC VS Nanhelal Kushwaha (2009) 8 SCC, 772, the Hon’ble Apex Court

have held that “The court or Tribunal while dealing with the quantum of punishment has to record reason as to why it

is felt that the punishment inflicted was not commensurate with the proved charge. A mere statement that the

punishment is not proportionate would not suffice. It is not only the amount involved ,but the mental set up, the type

of the duty performed and similar relevant circumstances, which go into the decision making process are to be

considered while deciding the proportionality of the punishment awarded. If the charged employee holds a position of

trust where Honesty and Integrity are in built requirements of functioning, it would not be proper to deal with the

matter leniently.”

As stated in the preceeding paragraph the allegation against the claimant was of misconduct leading to loss of

faith and Trust of the customer which in turn, led to loss of confidence of the employer on the employee.

The learned AR for the management while placing reliance in the case of M/S Firestone Tyre and Rubber

Co of India vs The Management And Others argued that the discretion vested in the Tribunal u/s 11-A should be

judiciously exercised. The crux of his argument is that the punishment imposed on the claimant is appropriate to the

charge and the Tribunal should not interfere.

The learned AR for the claimant on the other hand argued on the legislative intention behind incorporation of

sec 11A of the Act by placing reliance in the case of ML Singla vs. Punjab National Bank, AIR 2018 SC 4668,

submitted that in the said judgment the Hon’ble SC have held that even if the issue relating to the fairness of the

inquiry is decided in favour of the employer, even then the Tribunal has to consider if the punishment commensurate

the charge.

It is felt proper to observe here that in the case of Firestone referred supra, the Hon’ble SC have held that

after incorporation of the provision of sec 11A in the ID Act, the Tribunal in order to record a finding on the fairness

of the domestic inquiry or the proportionality of the punishment, can not be confined to the materials which were

available at the domestic inquiry. On the other hand ‘material on record’ in the proviso to sec 11A of the ID Act must

be held to refer the materials before the Tribunal. Which are (1) the evidence taken in by the parties during the

domestic inquiry (2) the evidence taken before the Tribunal. But in this case no evidence has been adduced by the

claimant before this Tribunal to presume that the punishment imposed is disproportionate to the charge. The evidence

was adduced to prove the irregularities in conduct of the domestic inquiry, which was not found worthy of acceptance.

Thus on considering the evidence recorded during the domestic inquiry and adduced before this Tribunal, the one only

conclusion is that the punishment imposed on the claimant for misappropriation of customer’s money amounting to

mis conduct is proportionate to the charge and same has been imposed for loss of confidence on the employee by the

employer. Merely because the claimant was acquitted from the criminal charge and granted benefit of doubt, will not

put him in a position for sympathy. Hence it is not felt proper to interfere and modify the punishment imposed by the

disciplinary authority, in exercise of the power conferred u/s 11A of the ID Act. Hence, ordered.

ORDER

The reference be and the same is answered against the claimant. The finding of the disciplinary Authority in

imposing the punishment is held proportionate to the finding of misconduct. The claimant is held not entitled to any

relief. 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.

16th August, 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

MANOJ KUMAR

VERMA

Digitally signed by MANOJ

KUMAR VERMA

Date: 2022.10.03 22:55:59 +05'30'