8467 GI/2022

(3081)

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

REGD. NO. D. L. (N) 04/0007/2003—05

xxxGIDHxxx

xxxGIDExxx

प्राजिकार से प्रकाजित

PUBLISHED BY AUTHORITY

साप् ताजिक

WEEKLY

सं. 52]

नई दिल् ली, दिसम्बर 25—दिसम्बर 31, 2022, िजनवार/ पौष 4—पौष 10, 1944

No. 52]

NEW DELHI, DECEMBER 25—DECEMBER 31, 2022, SATURDAY/ PAUSHA 4— PAUSHA 10, 1944

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

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

भाग II— ण् ड 3—उप- ण् ड (ii)

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

जवत्त मंत्राल

(रािस्ट्व जवभाग)

(केन्री अप्रत् क्ष कर एवं सीमा िुल्क बोडड)

नई दिल् ली, 27 दिसम् बर, 2022

का. आ. 1398.—केन्र सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के

जन म 10 के उप-जन म (4) के अनुसरण में रािस्ट्व जवभाग के अिीन, जनम्नजलज त का ाडल ों जिनके 80 प्रजतित से

अजिक कमडचारर ों ने जिन्िी का का ड सािक ज्ञान प्राप्त कर जल ा िज, को अजिसूजचत करती िज:

1. का ाडल आ ुक्त, केन्री वस्ट्तु एवं सेवा कर (अपील्स) आ ुक्ताल , िोिपुर, िी-105 न् ू िोिपुर

औद्योजगक क्षेत्र, िोिपुर-342003

2. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा आ ुक्ताल (मु्‍ ाल ), कानपुर, 117/7, सवोि नगर कानपुर

3. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, कानपुर-1

4. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, कानपुर-2

सी.जी.-डी.एल.-सा.-13012023-241928

CG-DL-W-13012023-241928

3082 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

5. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, इलािाबाि

6. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, वाराणसी

7. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, गोर पुर

8. केन्री वस्ट्तु एवं सेवा कर ले ापरीक्षा सर्कडल, मु्‍ ाल , कानपुर

9. का ाडल , उप आ ुक्त, केन्री वस्ट्तु एवं सेवा कर, मंडल भावनगर-3

[फा. सं. ई-11017/3/2017- जिन्िी-2 डीओआर]

नीिाररका ससंि, जनिेिक (रािभाषा)

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)

New Delhi, the 27th December, 2022

S.O. 1398.—In pursuance of sub rule (4) of Rule 10 of the Official Languages (Use for Official

Purpose of the Union) Rules, 1976, the Central Government, hereby notifies, the following offices under

Department of revenue where more than 80% staff has acquired the working knowledge of Hindi:

1. Office of the Commissioner, Central Goods and Service Tax (Appeals) Commissionerate, Jodhpur,

G-105 New Jodhpur Industrial Area, Jodhpur-342003

2. Central Goods and Service Tax Audit Commissionerate (HQ), Kanpur, 117/7, Sarvodaya Nagar

Kanpur.

3. Central Goods and Service Tax Audit Circle, Kanpur-1

4. Central Goods and Service Tax Audit Circle, Kanpur-2

5. Central Goods and Service Tax Audit Circle, Allahabad

6. Central Goods and Service Tax Audit Circle, Varanasi

7. Central Goods and Service Tax Audit Circle, Gorakhpur

8. Central Goods and Service Tax Audit Circle, Headquarters, Kanpur

9. Office of the Deputy Commissioner, Central Goods and Service Tax, Circle Bhavnagar-3

[F. No E-11017/3/2017- Hindi-2 DOR]

NIHARIKA SINGH, Director (OL)

को ला मंत्राल

नई दिल्ली, 30 दिसम्बर, 2022

का. आ. 1399.—को ला िारक क्षेत्र (अिडन और जवकास) अजिजन म, 1957 (1957 का 20) (जिसे इसमें

इसके पश्चात् उक्त अजिजन म किा ग ा िज) की िारा 9 की उप-िारा (1) के अिीन िारी की गई भारत सरकार के

को ला मंत्राल की अजिसूचना सं्‍ ांक का.आ. 965, तारी 13 अक्तूबर, 2022, िो भारत के रािपत्र, भाग II,

ण्ड 3, उप- ण्ड (ii), तारी 15 अक्तूबर, 2022 में प्रकाजित की गई ी, उक्त अजिसूचना से (जिसे इसमें इसके

पश्चात् उक्त भूजम किा ग ा िज) संलग्न अनुसूची में वर्णडत भूजम और ऐसी भूजम में ा उस पर के सभी अजिकार, उक्त

अजिजन म की िारा 10 की उप-िारा (1) के अिीन, सभी जवल्लगंमों से मुक्त िोकर, आत् ंजतक प प से केन्री

सरकार में जनजित िो गए िैं ;

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3083

और केन्री सरकार का ि समािान िो ग ा िज दक वेस्ट्टनड कोलफील््स जलजमटेड, जिला नागपुर, मिाराष्ट्र

(जिसे इसमें इसके पश्चात् सरकारी कंपनी किा ग ा िज), ऐसे जनबंिनों और ितों का जिन्िें केन्री सरकार इस

जनजमत्त अजिरोजपत करना उजचत समझे, अनुपालन करने के जलए इच्छुक िज;

अतः, अब, केन्री सरकार, उक्त अजिजन म की िारा 11 की उप-िारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग

करते हुए, ि जनिेि िेती िज दक 224.24 िेक्टे र (लगभग) अ वा 554.10 एकड़ (लगभग) माप वाली उक्त भूजम

और इस प्रकार जनजित उक्त भूजम में ा उस पर के सभी अजिकार तारी 15 अक्तूबर, 2022 से केन्री सरकार में

इस प्रकार जनजित बने रिने के बिाए, जनम्नजलज त जनबन्िनों और ितों के अिीन रिते हुए सरकारी कंपनी में जनजित

िो िाएंगे,

अ ाडत: -

(1) सरकारी कंपनी, उक्त अजिजन म के उपबंिों के अिीन और अन् सुसंगत जवजि ों के अिीन ा अविाररत

प्रजतकर, ब् ाि, नुकसाजन ों, इत् ादि, और वजसी िी मिों की बाबत सभी संिा करेगी;

(2) संिे रकमों का अविारण करने के प्र ोिनों के जलए उक्त अजिजन म की िारा 14 के अिीन एक अजिकरण

का ग न दक ा िाएगा, सरकारी कंपनी द्वारा ितड (1) के अिीन और ऐसे दकसी अजिकरण और उक्त अजिकरण

की सिा ता करने के जलए जन ुक्त व्यजक्त ों के संबंि में उपगत सभी व्य , उक्त सरकारी कंपनी द्वारा विन

दकए िाएंगे और इसी प्रकार जनजित उक्त भूजम में ा उस पर के अजिकारों के जलए ा उनके संबंि में अपील,

आदि सभी जवजिक का डवाजि ों की बाबत उपगत, सभी व्य भी, सरकारी कंपनी द्वारा विन दकए िाएंगे;

(3) सरकारी कंपनी, केन्री सरकार ा उसके पििारर ों की, ऐसे दकसी अन् व्य के संबंि में क्षजतपूर्तड करेगी िो

इस प्रकार जनजित उक्त भूजम में ा उस पर के अजिकारों के बारे में केन्री सरकार ा उसके पििारर ों द्वारा

ा उनके जवरुद्ध दकन्िी का डवाजि ों के संबंि में आवश् क िो;

(4) सरकारी कंपनी के पास उक्त भूजम में इस प्रकार जनजित अजिकारों को केन्री सरकार के पूवड अनुमोिन के

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

(5) सरकारी कंपनी, ऐसे जनिेिों और ितों का पालन करेगी, िो केन्री सरकार द्वारा िब कभी आवश् क िो,

उक्त भूजम के जवजिष्ट क्षेत्रों के जलए दि े िाएं ा अजिरोजपत दकए िाएं।

[फा. सं. 43015/18/2019-एलएएण्डआईआर]

राम जिरोमजण सरोि, जनिेिक

MINISTRY OF COAL

New Delhi, the 30th December, 2022

S.O. 1399.—Whereas, on the publication of the notification of the Government of India in the Ministry

of Coal, number S. O. 965, dated the 13th October, 2022, published in the Gazette of India, Part II, Section 3,

Sub-Section (ii), dated the 15th October, 2022, issued under sub-section (1) of section 9 of the Coal Bearing

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

and all rights in or over the lands described in the Schedule appended to the said notification (hereinafter

referred to as the said land) vested absolutely in the Central Government free from all encumbrances under sub-

section (1) of section 10 of the said Act ;

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

Nagpur, Maharashtra (hereinafter referred to as the Government Company) is willing to comply with such terms

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

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

Central Government hereby directs that the said lands measuring 224.24 hectares (approximately) or 554.10

acres (approximately) with all rights in or over the said lands so vested, shall with effect from 15th October,

2022 instead of continuing to so vest in the Central Government, shall vest in the Government company, subject

to the following terms and conditions, namely:-

(1) The Government company shall make all payments in respect of compensation, interest, damages and

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

3084 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

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

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

connection with any such tribunal and persons appointed to assist the Tribunal shall be borne by the

Government company and similarly, all expenditure incurred in respect of all legal proceedings like

appeals, etc. for or in connection with the rights, in or over the said lands, so vested, shall also be borne

by the Government company;

(3) The Government company shall indemnify the Central Government and its officials against any other

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

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

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

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

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

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

[F. No. 43015/18/2019-LA&IR]

RAM SHIROMANI SAROJ, Director

श्रम और रोिगार मंत्राल

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1400.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री के. लोगना न,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 514/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/36/1998-आईआर(एम)]

डी.के. जिमांिु, अवर सजचव

MINISTRY OF LABOUR AND EMPLOYEMENT

New Delhi, the 21st December, 2022

S.O. 1400.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 514/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri K. Loganathan, Worker, which was received along

with soft copy of the award by the Central Government on 21.12.2022.

[No. 29012/36/1998-IR(M)]

D.K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT

CHENNAI

ID No. 514/2001

Present: DIPTI MOHAPATRA, LL.M Presiding Officer

Date: 25.11.2022

Sh. K. Loganathan

S/o Kanniappan

North Street, Seeliampatti Post

Attur Taluk

Salem

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3085

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

: Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/36/98/IR(M)

dtd. 08.09.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Shri K. Loganathan, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If

Sri K. Loganathan is a workman, whether the action of management of Tamil Nadu

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not?

If not justified, to what relief Sri K. Loganathan is entitled?

2.

It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 514/2001 on dtd. 19.02.2001.

3.

Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 08.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner.

An Award is passed accordingly.

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

DIPTI MOHAPATRA, Presiding Officer

3086 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1401.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री वी. रामासामी ,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 513/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/40/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1401.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 513/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri V. Ramasamy, Worker, which was received along

with soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/40/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 513/2001

Present: DIPTI MOHAPATRA, LL.M. Presiding Officer

Date: 25.11.2022

Sh. V. Ramasamy

S/o Venkatachalam

Keeripatti Post

Attur Taluk

Salem

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/40/98/IR(M)

dtd. 08.09.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

Whether Shri V. Ramasamy, Ex-Chisleman worked on piece rate basis is a workman

within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If

Sri V. Ramasamy is a workman, whether the action of management of Tamil Nadu

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3087

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not?

If not justified, to what relief Sri V. Ramasamy is entitled?

2.

It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 513/2001 on dtd. 19.02.2001.

3.

Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 08.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1402.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री वी. पेरुमल,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट (संिभड

सं. 512/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट

कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/33/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

3088 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 21st December, 2022

S.O. 1402.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 512/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri V. Perumal, Worker, which was received along with

soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/33/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

ID No. 512/2001

Present: DIPTI MOHAPATRA, LL.M, Presiding Officer

Date: 25.11.2022

Sh. V. Perumal

S/o Vellaiyakavundar

Keelthombai, Keeripatti Post

Attur Taluk

Salem

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd.

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent :

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/33/98/IR(M)

dtd. 08.09.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Shri V. Perumal, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If

Sri V. Perumal is a workman, whether the action of management of Tamil Nadu

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not?

If not justified, to what relief Sri V. Perumal is entitled?

2.

It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 512/2001 on dtd. 19.02.2001.

3.

Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 08.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3089

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1403.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार गेल (इंजड ा) जलजमटेड, औरज ा के प्रबंितंत्र के संबद्ध जन ोिकों और श्री रघुराि ससंि, कामगार, के

बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , कानपुर के पंचाट

(संिभड सं. 20/2020) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट

कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. िेड-16025/04/2022- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1403.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.20/2020) of the Central Government Industrial Tribunal -cum

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

GAIL (India) Limited, Auraiya (U.P.) and Shri Raghuraj Singh, Worker, which was received along with soft

copy of the award by the Central Government on 21.12.2022.

[No. Z-16025/04/2022- IR(M)]

D. K. HIMANSHU, Under Secy.

3090 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 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. 20 of 2020

No. K-10/2-1/2020-IR dated 09.07.2020

BETWEEN

The Raghuraj Singh

S/o Shri Shiv Narain Singh,

Indra Nagar, Dibiyapur,

Distt-Auraiya-206244(UP)

AND

The Executive Director,

GAIL(India) Limited,

PO: Pata, Vill-Dibiyapur,

Distt-Auraiya-206244(U.P)

AWARD

This award arises in respect of the reference mentioned in the schedule stated below as received from

the Office of Dy. Chief Labour Commissioner (Central), Kanpur in letter No. K-10/2-1/2020-IR dated

09.07.2020

SCHEDULE

‘Whether the action of management of GAIL(India) Limited, Pata, District Auraiya,

retrenching the services of Shri Raghuraj Singh without complying with the

provisions of Section 25F of Industrial Disputes Act, 1947 is just, fair and legal? If

not, to what relief the concerned workman is entitled to and from which date?’

On receipt of notification, notices were issued to both the parties on 24th July 2020 fixing 14.08.2020

for filing of statement of claim. The claimant workman failed to file statement of claim on the date fixed.

Afterwards several dates were fixed for filing of statement of claim by the claimant workman but no statement

of claim has been filed.

On perusal of the record it is found that though several dates were fixed for filing of statement of claim

none appeared on behalf of the claimant workman before the Tribunal. Despite ample opportunities to claimant

workman for submitting statement of claim; the claimant workman failed to present the case before the

Tribunal. Under the cirsumstances the case was reserved for final award for non-appearance claimant workman.

From the aforesaid circumstances it is presumable that the claimant workman is 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: 09.12.2022

SOMA SHEKHAR JENA, Presiding Officer

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1404.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार गेल (इंजड ा) जलजमटेड, औरज ा के प्रबंितंत्र के संबद्ध जन ोिकों और श्री सुिील कुमार ससंि,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , कानपुर के पंचाट

(संिभड सं. 41/2020) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट

कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. िेड-16025/04/2022- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3091

New Delhi, the 21st December, 2022

S.O. 1404.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.41/2020) of the Central Government Industrial Tribunal cum

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

GAIL (India) Limited, Auraiya (U.P.) and Shri Sushil Kumar Singh, Worker, which was received along with

soft copy of the award by the Central Government on 21.12.2022.

[No. Z-16025/04/2022- IR(M)]

D. K. HIMANSHU, 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. 41 of 2020

No. K-10/2-4/2020-IR dated 09.11.2020

BETWEEN

Sh. Sushil Kumar Singh

C/o Mr. Sharad Rana (Pradhan)

Behind Jamuha Samit,

Indra Nagar, Dibiyapur

Distt: Auraiya (UP)-206244

AND

The General Manager (HR),

GAIL (India) Limited,

PO: Pata, Vill: Dibiyapur,

Distt: Auraiya (UP)-206244

AWARD

This award arises in respect of the reference mentioned in the schedule stated below as received from the

Office of Dy. Chief Labour Commissioner (Central), Kanpur in letter No. K-10/2-4/2020-IR dated 09.11.2020

SCHEDULE

‘Whether the demand of Shri Sushil Kumar Singh for his regularization of services

with the management of GAIL (India) Limited, Pata to the post of Steno, is legal

and justified? If not to what relief the workman is entitled to and from which date?’

On receipt of the letter, notices were issued to both the parties on 24th June 2021 fixing 31.08.2021 for

filing of statement of claim. The claimant workman failed to appear on the date fixed. Afterwards several dates

were fixed for filing of statement of claim by the claimant workman but failed.

On perusal of the record it is found that though several dates were fixed for filing of statement of claim

none appeared on behalf of the claimant workman before the Tribunal. Despite ample opportunities to claimant

workman for submitting statement of claim; the claimant workman failed to present the case before the

Tribunal. On 03.11.2022 the case was reserved for final award for non-appearance claimant workman.

From the aforesaid circumstances it is presumable that the claimant workman is not interested in

prosecuting the case further before this Tribunal.

Hence in the given circumstances the reference stands disposed of as of ‘NIL’ award.

Parties are left to bear their respective costs.

Date: 30.11.2022

SOMA SHEKHAR JENA, Presiding Officer

3092 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1405.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड ओएनिीसी जलजमटेड; मेससड िोटल इन्िर लोक एंड मेससड िोटल ओपी रेिीडेंसी, िेिरािून के

प्रबंितंत्र के संबद्ध जन ोिकों और श्री दिवाकर चौरजसआ, कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार

औद्योजगक अजिकरण एवं श्रम न् ा ाल -1, नई दिल्ली के पंचाट (संिभड सं. 129/2019) को िजसा दक अनुलग्नक में

दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 12.12.2022 को प्राप्त हुआ ा l

[सं. एल-30012/21/2019- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1405.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.129/2019) of the Central Government Industrial Tribunal

cum Labour Court-1, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s ONGC Ltd.; M/s Hotel Inder Lok and M/s Hotel OP Residency, Dehradun, and Shri Diwakar

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

12.12.2022.

[No. L-30012/21/2019 - IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE JUSTICE VIKAS KUNVAR SRIVASTAVA (RETD.), PRESIDING OFFICER,

GOVERNMENT OF INDIA, MINISTRY OF LABOUR & EMPLOYMENT, CENTRAL

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

ID.NO. 129/2019

Sh.Diwakar Chaurasia,

At—90, Ballupur, Dehradun,

Uttrakhand-248001.

…. Workman

Versus

1. The General Manager,

(Corporate Administration),

M/s ONGC Ltd., Tel Bhawan,

Dehradun-248003.

2. The Managing Director,

M/s Hotel OP Residency,

Dehradun-248001.

3. The Managing Director,

M/s Hotel OP Residency,

Rajender Nagar, Kaulagarh Road,

Dehradun-248001

…Management

AWARD

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

30012/21/2019–IR(M) dated 27.05.2019 under clause (d) of sub-section (1) and sub-section (2A) of Section 10

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

SCHEDULE

“Whether the demand of Shri Diwakar Chaurasia to be reinstated in the service by the

present contractor M/s LP Residency or for that matter any contractor working as on date

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3093

as per fair wage policy of ONGC limited, Dehradun is proper, legal and justified ? If so,

what relief Shri Diwakar Chaurasia is entitled to and from which date ?”

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

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

15 days of receipt of the reference order and to forward a copy of such statement of claim to the opposite parties

involved in the dispute. Despite directions so given, management union opted not to file the written statement

with the Tribunal.

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

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

that postal services remained unserved in the period, referred above. Therefore, every presumption lies in

favour of the fact that the above notice was served upon the claimant. Despite service of the notice, claimant

opted to abstain away from the proceedings. No claim statement was filed on his behalf. Thus, it is clear that

the workman is not interested in adjudication of the reference on merits.

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

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

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

1947, for publication.

Justice VIKAS KUNAVAR SHRIVASTAVA (Retd.), Presiding Officer

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1406.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री एस. रामासामी,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 530/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/48/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1406.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 530/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri S. Ramasamy, Worker, which was received along

with soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/48/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 530/2001

Present: DIPTI MOHAPATRA, LL.M. PRESIDING OFFICER

Date: 02.12.2022

Sh. S. Ramasamy

S/o Chellamuthu

Seeliampatti Post

Attur Taluk

Salem-636001

…1st Party/Petitioner

3094 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/48/98/IR(M)

dtd. 16.11.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Shri S. Ramasamy, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If Sri

S. Ramasamy is a workman, whether the action of management of Tamil Nadu

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not?

If not justified, to what relief Sri S. Ramasamy is entitled?

2.

It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 530/2001 on dtd. 20.02.2001.

3.

Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 09.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

PRANITA MOHANTY, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side :

Nil

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3095

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1407.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री के. एम.

ंगराि, कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के

पंचाट (संिभड सं. 536/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार

को सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/50/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1407.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 536/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri K.M. Thangaraj, Worker, which was received along

with soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/50/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

ID No. 536/2001

Present: DIPTI MOHAPATRA, LL.M. Presiding Officer

Date: 02.12.2022

Sh. K.M. Thangaraj

S/o Muthusamy

Kallukattu, Paithur Post

Attur Taluk

Salem-636001

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/50/98/IR(M)

dtd. 11.12.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Sri KM Thangaraj, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If Sri

KM Thangaraj is a workman, whether the action of management of Tamil Nadu

3096 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not?

If not justified, to what relief Sri KM Thangaraj is entitled?

2. It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 536/2001 on dtd. 22.02.2001.

3. Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 12.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 8/9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1408.—औद्योजगक जववाि अजिजन म, 1947(1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार भारत पेरोजल म कॉपोरेिन जलजमटेड; मेससड ए. सवाररअजपचाई के प्रबंितंत्र के संबद्ध जन ोिकों

और भारत पेरोजल म वकडसड ूजन न, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम

न् ा ाल , चेन्नई के पंचाट (संिभड सं. 92/2015) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो

केन्री सरकार को सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-30011/63/2007- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3097

New Delhi, the 21st December, 2022

S.O. 1408.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 92/2015) of the Central Government Industrial Tribunal cum

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

Bharat Petroleum Corporation Ltd.; M/s A. Savariapitchai and Bharat Petroleum Workers Union, which was

received along with soft copy of the award by the Central Government on 21.12.2022.

[No. L-30011/63/2007- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CGIT-CUM-LABOUR COURT AND EMPLOYEES PROVIDENT FUND APPELLATE

TRIBUNAL CHENNAI

I.D. No. 92/2015

Present : DIPTI MOHAPATRA, LL.M. Presiding Officer

05.08.2022

The General Secretary

Bharat Petroleum Workers Union (CITU)

16, Masilamanipuram 3rd Street

Tuticorin-628008

...1st Party/Petitioner Union

AND

1.

The Manager

Bharat Petroleum Corporation Ltd.

(LPG Filling Plant)

Madurai Bye-Pass Road

Sipcot

Tuticorin-628008

…2nd Party/1st Respondent

2.

Sri S.B. Gunasingh

M/s A. Savariapitchai

397/12B, Lion’s Town

Tuticorin-628001

…2nd Party/2nd Respondent

Appearance:

For the 1st Party/Petitioner

:

Advocate, M/s D. Geetha

For the 2nd Party/1st Management

:

Advocate, M/s T.S. Gopalan & Co.

For the 2nd Party/2nd Management

:

Advocate, M/s R. Arumugam

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-30011/63/2007-IR

(M) dtd. 16.06.2015 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether the contract awarded by BPCL, LPG Bottling Plant, Tuticorin to the

Contractor S.B. Gunasingh, Tuticorin is sham and nominal? If yes, whether the

demand of the Union for absorption of 20 contract workers (List enclosed) as regular

employees in the establishment of Bharat Petroleum Corporation Ltd, LPG Bottling

Plant, Tuticorin, is legal and justified? What relief the workmen are entitled to?”

2. On receipt of the above reference from the appropriate Government the dispute is registered as ID No.

92/2015 and due notices were issued to both the parties for their appearance fixing the case to 08.07.2021.

During the course of proceeding on 04.10.2015, the Representing Counsel for R1 filed Memo regarding the

initiation of Writ Petition before the Hon’ble Court and sought for time to produce the Order. On 20.10.2015,

the Hon’ble Court Order in WP (MD) 18502/2015 was received wherein the Hon’ble Court directed to maintain

status-quo. On 26.08.2016, this Tribunal received the copy of the order in WMP No. 9444/2016 dtd.

3098 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

05.08.2016 (arising out of the aforesaid Writ Petition). The Hon’ble Court while parting the WMP directed the

Labour Court to maintain status-quo with regard to the dispute. As per the Order Sheet dtd. 07.09.2016, the

Order of Stay before the Tribunal and the proceeding was stayed. On 12.01.2022, the Tribunal received the

copy of the WMP (MD) No. 18502/2015 and MP (MD) No. 1 and 2/2015 and WMP (MD) No. 9444/2016

wherein the Writ Petition was dismissed as withdrawn.

3. On 31.03.2022, the Counsel for the Petitioner and First Respondent were present and filed Memo

stating that the WP (MD) 18502/2015 and MP (MD) No. 1 & 2 of 2015 and WMP (MD) No. 9444 of 2016 was

dismissed as withdrawn vide Order dtd. 16.12.2021. Accordingly, the parties do not want to proceed with the

case. The General Secretary alongwith the Learned Counsel were present. The General Secretary was testified

in support of the contentions in the Memo regarding the fact that the members of the Union do not want to

proceed with the case. The Memo was enclosed with a list of names of the General Secretary, Sri R. Lenus and

names of Executive Body. The signature of the General Secretary appears in the list.

4. It is pertinent to mention that the First Party Union, the Bharat Petroleum Workers Union

(represented through General Secretary) do not want to proceed with the case and filed the memo for

withdrawal. It is held that the First Party Union without being coerced, influenced from any corner files the

Withdrawal Memo, the Second Party Respondent raises no dispute on this aspect. Accordingly, it is held that

the contentions of Memo of Withdrawal has got sufficient force for consideration. The prayer is allowed as

there exists no dispute for adjudication as per the reference.

The Industrial Dispute stands dismissed as withdrawn.

DIPTI MOHAPATRA, Presiding Officer

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1409.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड मुंबई इंटरनेिनल ए रपोर्टसड प्राइवेट जलजमटेड; ए रपोर्टसड ऑ ोररटी ऑफ़ इंजड ा एंड मेससड

दिस्ट्टल एजवएिन सर्वडस (पी) जलजमटेड के प्रबंितंत्र के संबद्ध जन ोिकों और इंजड न ए रपोर्टसड एम्पलॉईस

ूजन न, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, मुंबई के पंचाट

(संिभड सं. कम्प्लेंट न. सी.िी.आई.टी. -2/1 ऑफ़ 2011 (अरीससंग आउट ऑफ़ ररफरेन्स न. सी.िी.आई.टी.-2/27

ऑफ़ 2003) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के

सा 21.12.2022 को प्राप्त हुआ ा l

[सं. िेड-16025/03/2022- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1409.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. CGIT-2/1 of 2011 ( Arising out of Reference No.CGIT-2/27

of 2003) of the Central Government Industrial Tribunal cum Labour Court-2, Mumbai as shown in the

Annexure, in the Industrial dispute between the employers in relation to M/s Mumbai International Airports Pvt.

Ltd.; Airports Authority of India and M/s Krystal Aviation Service (P) Ltd. and Indian Airports Employees

Union, which was received along with soft copy of the award by the Central Government on 21.12.2022.

[No. Z-16025/03/2022- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, MUMBAI

Present: LAXMI NARAIN JINDAL, Presiding Officer

COMPLAINT No. CGIT-2/ 1 of 2011

[Arising out of Reference No. CGIT-2/ 27 of 2003]

PARTIES:-

Indian Airports Employees’ Union

CPWD Staff Colony, Sahargaon,

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3099

MUMBAI – 400 099

…COMPLAINANT

V/s.

1. M/s. Mumbai International Airports Pvt. Ltd.,

Through their Managing Director

Chhatrapati Shivaji International Airport – Terminal -IB

Vile Parle (East), Mumbai – 400 099.

2. Airports Authority of India,

Through their Regional Executive Director (WR),

Chhatrapati Shivaji International Airport,

New Airport Colony, Vile Parle (East),

Mumbai – 400 099

3. M/s. Krystal Aviation Services (P) Ltd.,

15, Krystal House, Dr. Mankikar Road,

Duncan Causeway Road, Sion Talav,

Mumbai – 400 022.

…. OPPONENTS

APPEARANCES:

FOR THE COMPLAINANT

: Ms. P. S. Shetty,

Advocate with Ms.Deepti

Gopinath, General Secretary

of the Complainant Union

FOR THE OPPONENTS

: Ms. Jayeeta Das,

Advocate for Opponent No.1

Ms. Geeta Raju, Advocate

for Opponent No.2

Shri D.H. Patil, Advocate

for Opponent No.3.

Mumbai, dated the 9th November, 2022.

AWARD

The present complaint is under Section 33-A of the Industrial Disputes Act, 1947.

The complainant herein is the Indian Airports Employees’ Union having its office at CPWD Staff

Colony, Sahargaon, Mumbai, which is a registered Trade Union under the Trade Unions’ Act, 1926.

Today, an application has been filed on behalf of the complainant Trade Union to withdraw the present

complaint by alleging that the matter in question has been amicably settled by the contractor – M/s. Krystal

Aviation Services (P) Ltd.

The said application for withdrawal is signed by Ms. Deepti Gopinath, General Secretary of the

complainant union.

The opposite parties No.1 to 3 have endorsed their no objection on the said application itself.

Heard.

In view of the above settlement as alleged in the application, the present complaint under Section 33-A

of the Industrial Disputes Act, 1947, is dismissed as withdrawn.

File after needful be consigned to the record room.

LAXMI NARAIN JINDAL, Presiding Officer

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1410.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री पी. कासी,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

3100 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

(संिभड सं. 537/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/53/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1410.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 537/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri P. Kasi, Worker, which was received along with soft

copy of the award by the Central Government on 21.12.2022.

[No. L-29012/53/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 537/2001

Present: DIPTI MOHAPATRA, LL.M. Presiding Officer

Date: 02.12.2022

Sh. P. Kasi

S/o Perumal

Kelthombai, Keeripatti Post

Attur Taluk

Salem-636001

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/53/98/IR(M)

dtd. 11.12.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Sri P. Kasi, Ex-Chisleman worked on piece rate basis is a workman

within the meaning of Section 2(S) of Industrial Disputes Act, 1947? If Sri P.

Kasi is a workman, whether the action of management of Tamil Nadu Minerals

Ltd., Chennai in denying the employment to him with effect from December

1994 is justified or not?

If not justified, to what relief Sri P. Kasi is entitled?

2. It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 537/2001 on dtd. 22.02.2001.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3101

3. Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 12.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 8/9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1411.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री के. कंिन,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 538/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 23.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/52/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1411.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 538/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri K. Kandan, Worker, which was received along with

soft copy of the award by the Central Government on 23.12.2022.

[No. L-29012/52/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

3102 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM - LABOUR COURT

CHENNAI

ID No. 538/2001

Present: DIPTI MOHAPATRA, LL.M., Presiding Officer

Date: 02.12.2022

Sh. K. Kandan

S/o Kondan

Seeliampatti Post

Attur Taluk

Salem-636001

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent :

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/52/98/IR(M)

dtd. 11.12.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Sri K. Kandan, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S) of Industrial Disputes Act, 1947?

If Sri K. Kandan is a workman, whether the action of management of Tamil

Nadu Minerals Ltd., Chennai in denying the employment to him with effect

from December 1994 is justified or not?

If not justified, to what relief Sri K. Kandan is entitled?

2. It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 538/2001 on dtd. 22.02.2001.

3. Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 12.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 8/9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022. The Petitioner did not turn up on that date nor filed Affidavit Evidence.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3103

None appeared for Respondent. However, for the interest of justice the case was finally listed to 29.06.2022.

Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side :

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1412.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्री

सरकार मेससड सुलभ इंटरनेिनल सोिल सर्वडस आगेनाइिेिन; मेससड इंजड न आ ल पेरोनास प्राइवेट जलजमटेड,

चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और ज रुवल्लुर मवत्ता अमजप्पुसारा पोिु तोज़जिलालार संगम, चेन्नई, के बीच

अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई पंचाट (संिभड सं्‍ ा 79/2017)

को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के सा

22.12.2022 को प्राप्त हुआ ा l

[सं. एल-30011/37/2016- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1412.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.79/2017) of the Central Government Industrial Tribunal cum

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

M/s Sulabh International Social Service Organization; M/s Indian Oil Petronas Private Limited, Chennai and

Thiruvallur Mavatta Amappusara Podhu Thozhilalar Sangam, Chennai, which was received along with soft

copy of the award by the Central Government on 22.12.2022.

[No. L-30011/37/2016- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CGIT-CUM-LABOUR COURT AND EPF APPELLATE TRIBUNALCHENNAI

Present: DIPTI MOHAPATRA, LL.M. Presiding Officer

I.D. No. 79/2017

Dtd. 05.12.2022

BETWEEN

The Secretary

Thiruvallur Mavatta Amaippusara Podhu

Thozhilalar Sangam

3104 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

362, Dr. Ambedkar Street, Athipattu

NCTPS Post

Chennai-600120

…First Party/Petitioner Union

AND

1. The Dy. Controller

M/s Sulabh International Social Service

Organization

New No. 9/21, 22nd Cross Street

Besant Nagar

Chennai-600090

…Second Party/1st Respondent

2. The Plant Manager

M/s Indian Oil Petronas Private Ltd.

Ennore Terminal

143, Athipattu Village

NCTPS Main Road

Chennai-600120

…Second Party/2nd Respondent

Appearance:

For the 1st Party/Petitioner Union: Advocate, M/s S. Arunachalam

For the 1st Respondent

:

Advocate, Sri S. Natanarajan

For the 2nd Respondent

:

Advocates, M/s Fox Mondal

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-30011/37/2016-IR

(M) dtd. 10.08.2017 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

.“Whether the management of M/s Sulabh International Social Service

Organization, Chennai working as Contractor in the premises of Principal

Employer M/s Indian Oil Petronas Pvt. Ltd., Chennai in denying the demand of

Union of considering their members in respect of whom ID has been raised, as

workmen is justified? If not, what relief the workmen are entitled to?”

1.

On receipt of the reference as above, due notices were issued to the parties shown as Respondents. The

Claim Statement was accordingly filed by the Petitioner Union as against two Respondents including the

Managing Director, M/s The Plant Manager, Indian Oil Petronas Pvt. Ltd., Ennore Terminal 143, Athipattu

Village, NCTPS Main Road Chennai-600120. Due notices were issued to all the Respondents. While the

matter stood thus, the copy of the Order of the Hon’ble High Court of Madras in WP No. 11655/2019 and

WMP No. 11892-11893/2019 dtd. 23.04.2019 was received on 14.05.2019 wherein the Hon’ble Court

granted Interim Stay. The matter of receipt of the Hon’ble Court reflected vide Order dtd. 15.05.2019. The

proceeding of the case was accordingly listed to several dates awaiting further order of the Hon’ble Court.

While the matter stood thus, the General Secretary of the First Party Union files a Memo alongwith a

Memorandum of Settlement arrived under Section-12(3) of the ID Act executed in between the First Party

with the Authorized Representative of the Contractor which is enclosed with the Web Copy of the Hon’ble

High Court of Madras in WP 11655/2019 and WMP 11892-11893/2019 dtd. 15.11.2022. The Order of the

Hon’ble Court reads as follows :

“In view of the endorsement made by the Learned Counsel for the

Petitioner, the Writ Petition stands dismissed as withdrawn. No costs.

Consequently connected Miscellaneous Petitions are closed”.

2. In view of the Order since the Interim Stay deems to have been vacated, the submission of both parties

are taken into consideration. It is mentioned in the Memo that the General Secretary of the First Party Union

since already settled the dispute with the Second Respondent, they do not want to proceed with the case but to

withdraw. It is also submitted that the First Party Union has got no claim against the First Respondent viz.

Sulabh International Social Services. The General Secretary of the First Party and its Counsel and the Counsels

for the Respondents since were very much present, it is felt proper to examine the General Secretary, Sri S.

Janakiraman as WW1 with regard to the fact mentioned in the Memo.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3105

3. On askance, the General Secretary of the Petitioner Union submits that he being authorized by the

Members of the Union has filed this Memo of Withdrawal of the case. The members of the union since agreed

upon the terms and conditions of the settlement which was executed by the Union with the Contractor, the

Second Respondent in the presence of Assistant Labour Commissioner (C) on dtd. 01.09.2022. The First Party

Union has not been coerced or influenced from any corner to execute the Settlement against the Second

Respondent. It is a suo-moto voluntary Settlement executed by the First Party Union with the Second

Respondent. The copy of the Settlement is marked as Ext.W1. It is categorically stated by the General Secretary

of the First Party Union that the Petitioner’s Union will have no claim as against the First Respondent at any

point of time in future. In view of the fact as discussed and since the Memo of Withdrawal was filed voluntarily

by the First Party Union, the WW1, the General Secretary of the First Party Union prays the Tribunal to pass

necessary orders as deems fit.

4. Taking into consideration the submission of the First Party Union, it was found that the Memo of

Withdrawal has got sufficient force for consideration as much as the settlement under Ext.W1 has been

executed by the First Party and the Contractor in the presence of ALC (Central), Chennai. Ext.W1 bears the

signatures of Representative Members of the Union including the General Secretary (WW1) and M/s Prumatech

Services Pvt. Ltd., the Contractor of R2. The Seal and Signature of ALC (Central) also appears in Ext.W1.

Taking into judicial note of all the facts, it is felt that the Petitioner Union shall not be prejudiced in any manner

if permission be accorded for withdrawal of the case as the Petitioner Union itself is not willing to proceed with

the case.

In the premises in view of the discussion held in preceding paragraphs it is held that there exists no

dispute for adjudication as per the reference in the instant Industrial Dispute.

The reference is answered accordingly

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party/Petitioner Union

:

WW1, Sri S. Janaki Raman

For the 1st and 2nd Respondents

:

None

:

Documents Marked :

On the petitioner’s side

Ex.No. Date

Description

Ext.W1 01.09.2022

Memorandum of Settlement

On the side of First and Third Respondents

Ex. No.

Date

Description

____________Nil_________________________________

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1413.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री सी. कुल्लन,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 539/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/51/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

3106 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 21st December, 2022

S.O. 1413.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.539/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri C. Kullan, Worker, which was received along with

soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/51/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM - LABOUR COURT

CHENNAI

ID No. 539/2001

Present: DIPTI MOHAPATRA, LL.M. Presiding Officer

Date: 02.12.2022

Sh. C. Kullan

Thavalapatti, Paithur Post

Attur Taluk

Salem-636001

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

…2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/51/98/IR(M)

dtd. 11.12.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Sri C. Kullan, Ex-Chisleman worked on piece rate basis is a workman

within the meaning of Section 2(S) of Industrial Disputes Act, 1947? If Sri C.

Kullan is a workman, whether the action of management of Tamil Nadu

Minerals Ltd., Chennai in denying the employment to him with effect from

December 1994 is justified or not? ”

If not justified, to what relief Sri C. Kullan is entitled?

2.

It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 539/2001 on dtd. 22.02.2001.

3.

Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 12.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3107

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 8/9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022. The Petitioner did not turn up on that date nor filed Affidavit Evidence.

None appeared for Respondent. However, for the interest of justice the case was finally listed to 29.06.2022.

Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 21 दिसम्बर, 2022

का.आ. 1414.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड तजमलनाडु जमनरल्स जलजमटेड, चेन्नई के प्रबंितंत्र के संबद्ध जन ोिकों और श्री एस. िंमुघम,

कामगार, के बीच अनुबंि में जनर्िडष्ट केन्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , चेन्नई के पंचाट

(संिभड सं. 515/2001) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को

सॉफ्ट कॉपी के सा 21.12.2022 को प्राप्त हुआ ा l

[सं. एल-29012/46/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 21st December, 2022

S.O. 1414.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.515/2001) of the Central Government Industrial Tribunal

cum Labour Court, Chennai as shown in the Annexure, in the Industrial dispute between the employers in

relation to M/s Tamilnadu Minerals Ltd., Chennai and Shri S. Shanmugham, Worker, which was received along

with soft copy of the award by the Central Government on 21.12.2022.

[No. L-29012/46/1998- IR(M)]

D. K. HIMANSHU, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 515/2001

Present: DIPTI MOHAPATRA, LL.M Presiding Officer

Date: 25.11.2022

Sh. S. Shanmugham

S/o Samuvel

Eechampatti

Seeliampatti Post, Attur Taluk

3108 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

Salem-63600

…1st Party/Petitioner

AND

M/s Tamilnadu Minerals Ltd

The Chairman-cum-Managing Director

31. Kamarajar Salai, TWAD House

Chepauk, PO 2961

Chennai-600005

:

2nd Party/Respondent

Appearance:

For the First Party Petitioner

:

Advocate, Sri Ajoy Khose

For the Second Party Respondent

:

Advocates, M/s T.R. Sathiyamohan

AWARD

The Central Government, Ministry of Labour & Employment vide its Order No. L-29012/46/98/IR(M)

dtd. 03.09.1998 referred the following Industrial Dispute to this Tribunal for adjudication.

The schedule mentioned in that order is:

“Whether Shri S. Shanmugham, Ex-Chisleman worked on piece rate basis is a

workman within the meaning of Section 2(S)of Industrial Disputes Act, 1947? If Sri S.

Shanmugham is a workman, whether the action of management of Tamil Nadu

Minerals Ltd., Chennai in denying the employment to him with effect from December

1994 is justified or not? ”

If not justified, to what relief Sri S. Shanmugham is entitled?

2. It is pertinent to mention that pursuant to the order of Ministry of Labour and Employment,

Government of India, the case record was transferred to CGIT by the State Industrial Tribunal vide it’s letter

dtd 25.01.2001. On receipt, the record was taken to file as ID 515/2001 on dtd. 19.02.2001.

3. Since the claim Statement and the Counter Statement have already been filed by both the parties prior

to the receipt of the Record from State Tribunal, due order was passed for issuance of Notice to the

Representing Counsel fixing the case to 08.03.2001. The case was posted to several dates for almost for two

years for the same purpose. On 17.07.2002, the Representing Counsels for both parties were present and Memo

was filed informing that the Hon’ble Court granted stay of the proceedings which is supported vide Order of the

Hon’ble Court in WP 25370/2002 and WMP 34858/2002 dtd. 17.07.2002. The proceeding was stayed till a

Common Order of the Hon’ble Court dismissing the Writ Petition No. 12334/2004 and WMP 14413/2004 dated

03.11.2020 (received on 11.02.2021) in respect of entire batch cases including the case in hand. Accordingly,

the case was re-scheduled for further proceeding vide order dtd. 13.04.2021. The case was listed for further

proceeding. Due information was provided to the parties through the official website and through Notice Board.

There was change of Vakalat on the part of the Respondent. The Learned Counsel sought for time to produce

the Petitioner and to file Affidavit Evidence. Despite of several adjournments from the date of aforesaid High

Court Order (Almost 9 adjournments) till 28.04.2022, neither the Petitioner appeared nor filed any Affidavit

evidence. However without resorting to any coercive steps against the Petitioner, he was afforded with two more

chances vide dtd. 31.05.2022 and 13.06.2022. The Petitioner did not turn up on those dates. On the other hand

the Learned Counsel for the Petitioner submitted “No Instruction” and prays to dispose of the proceeding as

deems fit. None on behalf of the Respondent was present. Since the Hon’ble Court directed for expeditious

disposal, the Tribunal viewed sympathetically and afforded both parties to file their respective Affidavit

Evidence listing the case to 15.06.2022 and 29.06.2022. The Petitioner did not turn up on that dates nor filed

Affidavit Evidence. None appeared for Respondent. However, for the interest of justice the case was finally

listed to 11.07.2022. Even on that day, the Petitioner did not turn up nor filed any Affidavit Evidence.

The material borne out from the discussion in preceding paragraphs, undoubtedly projects the fact that

the Petitioner is not interested to proceed with the case. It is held that there exists no dispute for adjudication as

referred by the Appropriate Govt.

In the result the reference is answered against the Petitioner. The ID case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3109

Witnesses Examined:

For the 1st Party Petitioner

:

Nil

For the 2nd Party Respondent

:

Nil

Documents Marked:

On the Petitioner & Management side

:

Nil

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1415.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड मारुजत माबडल, उि पुर (रािस्ट् ान), के प्रबंितंत्र के संबद्ध जन ोिकों और अध् क्ष,

िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर के पंचाट

(संिभड सं. 27/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो

केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/17/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1415.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 27/2015 I.T.R.(C)) of the Industrial Tribunal cum Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Maruti Marble, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh, which was

received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/17/2015- IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 27@2015

vf/klwpuk uEcj %& L-28011/17/2015-IR(M) fnukad 22-06-2015

v/;{k]tu tkfr [kku etnwj la?k

eSustj eS- ek:fr ekcZy

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 25-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj

Not Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc

i{kdkjku ds e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

3110 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1416.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड एच. एम. टी. स्ट्पेन्टाइन माबडल, उि पुर (रािस्ट् ान),के प्रबंितंत्र के संबद्ध जन ोिकों

और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर

के पंचाट (संिभड सं. 52/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती

िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/10/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1416.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.52/2015 I.T.R.(C)) of the Industrial Tribunal-cum-Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s H. M. T. Spentine Marble, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh,

which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/10/2015- IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 52@2015

vf/klwpuk uEcj %& L-28011/10/2015-IR(M) fnukad 23-06-2015

v/;{k] tutkfr [kku etnwj la?k cuke eSustj] eS- ,p-,e-Vh- LisUVkbZu ekcZy

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 09-03-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj Not

Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc i{kdkjku ds

e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1417.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड श्री ररषभ बर्िड ा माबडल, उि पुर (रािस्ट् ान), के प्रबंितंत्र के संबद्ध जन ोिकों और

अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर के

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3111

पंचाट (संिभड सं. 33/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज

िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/45/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1417.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.33/2015 I.T.R.(C)) of the Industrial Tribunal cum Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Shri Risabh Bardia Marble, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor

Sangh, which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/45/2015- IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 33@2015

vf/klwpuk uEcj %& L-28011/45/2015-IR(M) fnukad 23-06-2015

v/;{k] tu tkfr [kku etnwj la?k

eS Jh fj"kHk cfnZ;k ekcZy

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 25-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj Not

Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc i{kdkjku ds

e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1418.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड ररषभ माबडल प्राइवेट जलजमटेड, उि पुर (रािस्ट् ान),के प्रबंितंत्र के संबद्ध जन ोिकों

और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर

के पंचाट (संिभड सं. 32/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती

िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/16/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

3112 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 22nd December, 2022

S.O. 1418.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.32/2015 I.T.R.(C))) of the Industrial Tribunal cum Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Risabh Marble Pvt. Ltd., Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh,

which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/16/2015 - IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 32@2015

vf/klwpuk uEcj %& L-28011/16/2015-IR(M) fnukad 22-06-2015

v/;{k] tu tkfr [kku etnwj la?k

eSustj fj"kHk ekcZy izk-fy-

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 25-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj Not

Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc i{kdkjku ds

e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk

gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1419.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड रा ी ग्रीन माबडल प्राइवेट जलजमटेड, उि पुर (रािस्ट् ान),के प्रबंितंत्र के संबद्ध

जन ोिकों और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम

न् ा ाल उि पुर के पंचाट (संिभड सं. 26/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/15/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1419.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.26/2015 I.T.R.(C))) of the Industrial Tribunal -cum -Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3113

Manager, M/s Rathi Green Marble Pvt. Ltd., Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor

Sangh, which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/15/2015- IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)-izdj.k la[;k 26@2015

vf/klwpuk uEcj %& L-28011/15/2015-IR(M) fnukad 22-06-2015

v/;{k] tu tkfr [kku etnwj la?k

eSustj] eS- jkBh xzhu ekcZy izk- fy-

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 25-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj

Not Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc

i{kdkjku ds e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk

gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1420.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड राणावत माबडल, उि पुर (रािस्ट् ान),के प्रबंितंत्र के संबद्ध जन ोिकों और अध् क्ष,

िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण-सि-श्रम न् ा ाल उि पुर के पंचाट

(संिभड सं्‍ ा 23/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो

केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/9/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1420.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.23/2015 I.T.R.(C))) of the Industrial Tribunal -cum- Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Ranawat Marble, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh, which

was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/9/2015-IR(M)]

D. K. HIMANSHU, Under Secy.

3114 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

अनुबंि

I.T.R(C)- izdj.k la[;k 23@2015

vf/klwpuk uEcj %& L-28011/9/2015-IR(M) fnukad 22-06-2015

v/;{k]tu tkfr [kku etnwj la?k

eSustj eS- jk.kkor ekcZy

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 28-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj Not

Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc i{kdkjku ds

e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk

gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1421.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड ग्रीन ककंग, उि पुर (रािस्ट् ान),के प्रबंितंत्र के संबद्ध जन ोिकों और अध् क्ष,

िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर के पंचाट

(संिभड सं. 17/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो

केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/41/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1421.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.17/2015 I.T.R.(C)) of the Industrial Tribunal cum Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Green King, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh, which was

received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/41/2015 - IR(M)]

D. K. HIMANSHU, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3115

अनुबंि

I.T.R(C)- izdj.k la[;k 17@2015

vf/klwpuk uEcj %& L-28011/41/2015-IR(M) fnukad 23-06-2015

v/;{k] tu tkfr [kku etnwj la?k

eSustj] eS- xzhu fdax

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 28-02-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj

Not Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc

i{kdkjku ds e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1422.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड जबरानी माबडल प्राइवेट जलजमटेड, उि पुर (रािस्ट् ान), के प्रबंितंत्र के संबद्ध

जन ोिकों और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण-सि-श्रम

न् ा ाल उि पुर के पंचाट (संिभड सं. 13/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/14/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1422.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.13/2015 I.T.R.(C))) of the Industrial Tribunal cum Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Birani Marble Pvt. Ltd., Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh,

which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/14/2015- IR(M)]

D. K. HIMANSHU, Under Secy.

3116 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

अनुबंि

izdj.k ala[;k 13 lu~ 2015 I.T.R(C)

v/;{k] tutkfr [kku etnwj la?k&

&eSustj eSllZ fcjkuh ekcZy izk- fy]

vf/klwpuk %L-28011/14/2015-IR(M) Dated 22.06.2015

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 05-08-2022 dks yksd&vnkyr dh Hkkouk ls izsfjr gksdj Not

Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc i{kdkjku

ds e/; dksbZ fookn 'ks"k ugha jgrk gSA

vr% izkFkhZ ds bl fookn esa 'No Dispute Award' ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL; lfpo xksiky fctksjhoky] v/;{k yksd&vnkyr

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1423.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड नारन माबडल प्राइवेट जलजमटेड, उि पुर (रािस्ट् ान), के प्रबंितंत्र के संबद्ध जन ोिकों

और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-श्रम न् ा ाल उि पुर

के पंचाट (संिभड सं. 12/2015 आई. टी. आर. (सी)) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती

िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/43/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1423.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.12/2015 I.T.R.(C)) of the Industrial Tribunal -cum -Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Naran Marble Pvt. Ltd., Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh,

which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/43/2015 - IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 12@2015

vf/klwpuk uEcj %& L-28011/43/2015-IR(M) fnukad 23-06-2015

v/;{k] tutkfr [kku etnwj la?k

eSustj] eS- ukju ekcZy izk-fy-

izkFkhZ vfHkHkk"kd mifLFkr A

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3117

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 09-03-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj

Not Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc

i{kdkjku ds e/; dksbZ fookn 'ks"k ugha jgrk gS A

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks A

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1424.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मजनेिर, मेससड अग्रवाल एक्सपोटड माबडल, उि पुर (रािस्ट् ान), के प्रबंितंत्र के संबद्ध जन ोिकों और

अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण-सि-श्रम न् ा ाल उि पुर के

पंचाट (संिभड सं. 43/2015 आई. टी. आर. (सी) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज

िो केन्री सरकार को सॉफ्ट कॉपी के सा 08.12.2022 को प्राप्त हुआ ा l

[सं. एल-28011/34/2015- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1424.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 43/2015 I.T.R.(C) of the Industrial Tribunal-cum-Labour

Court, Udaipur as shown in the Annexure, in the Industrial dispute between the employers in relation to The

Manager, M/s Agarwal Export Marble, Udaipur (Rajasthan), and The President, Janjati Khan Mazdoor Sangh,

which was received along with soft copy of the award by the Central Government on 08.12.2022.

[No. L-28011/34/2015-IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

I.T.R(C)- izdj.k la[;k 43@2015

vf/klwpuk uEcj %& L-28011/34/2015-IR(M) fnukad 22-06-2015

v/;{k] tutkfr [kku etnwj la?k

eSustj] eS- vxzoky ,DliksVZ ekcZy

izkFkhZ vfHkHkk"kd mifLFkr A

izkFkhZ vfHkHkk"kd us izdj.k esa fnuakd 09-03-2022 dks yksd vnkyr dh Hkkouk ls izsfjr gksdj

Not Press fd;k rFkk dksbZ dk;Zokgh ugha pkgh A izkFkhZ i{k }kjk dk;Zokgh ugha pkgus ds dkj.k vc

i{kdkjku ds e/; dksbZ fookn 'ks"k ugha jgrk gS A

3118 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

izkFkhZ ds bl fookn esa No Dispute award' dksbZ fookn ugha dk iapkV ikfjr fd;k tkrk gS A

lwpuk izdk'kukFkZ Hkkjr&ljdkj dks Hksth tkos A

i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gks

lnL;

v/;{k]

yksd vnkyr

yksd vnkyr

f'ko dqekj 'kekZ] न् ा ािीि

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1425.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार मेससड बिाि जििुस्ट्तान जलजमटेड, उि पुर (रािस्ट् ान) के प्रबंितंत्र के संबद्ध जन ोिकों और उि पुर

सीमेंट मज़िूर संघ, उि पुर सीमेंट वक्सड, उि पुर (रािस्ट् ान) के बीच अनुबंि में जनर्िडष्ट औद्योजगक अजिकरण- सि-

श्रम न् ा ाल ि पुर के पंचाट (संिभड सं. सेंरल आईटी केस न. 20/1998 (सी.आई.एस.न. 52/2014) को िजसा

दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी के सा 23.12.2022

को प्राप्त हुआ ा l

[सं. एल-29011/7/1998- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1425.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.(Central IT Case No. 20/1998 (CIS No. 52/2014) of the

Industrial Tribunal-cum-Labour Court, Jaipur as shown in the Annexure, in the Industrial dispute between the

employers in relation to M/s Bajaj Hindustan Limited, Udaipur (Rajasthan) and Udaipur Cement Mazdoor

Sangh, Udaipur Cement Works, Udaipur (Rajasthan) which was received along with soft copy of the award by

the Central Government on 23.12.2022.

[No. L-29011/7/1998 - IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

Presiding Officer

:

Gajendra Pal Mogha, RHJS

IT (c) Case No. :

20/1998

CIS No.

:

52/2014

Reference : Government of India, Ministry of Labour, New Delhi, vide order No. L-29011/7/98-I.R.

(Misc.) Dated 4.2.1998 & Corrigendum dated 24.07.1998

&&&

izslhMsUV] mn;iqj lhesUV et+nwj la?k]

mn;iqj lhesaV वक्सड, mn;iqjA

…izkFkhZ

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3119

izca/k funs'kd] eS- ctkt fganqLrku fyfeVsM] mn;iqjA

(Formerly M/s Udaipur Cement Works, Udaipur)

…

izkFkhZ dh vksj ls % Jh lqjs'k d';i

vizkFkhZ dh vksj ls % Jh vkj- ds- tSu

Hkkjr ljdkj ds Je ea=ky; dh mijksDr vkKk dzekad ls fuEu vuqlwph dk fookn vf/kfu.kZ; gsrq

bl vf/kdj.k dks izkIr gqvk gS &

“Whether the LTS relating to increase of wages etc. singed by CMA and Central

Trade Union Organizations before the CLC (C) on 31-7-92 is applicable to

Udaipur Cement Works, as no authority was given by latter works to CMA to

them? If not, to what relief the workmen of Udaipur Cement Works are

entitled ?”

izkFkhZ ;wfu;u dh vksj ls LVsVesaV vkWQ Dyse is'k dj vfHkdFku fd;k fd izkFkhZ ;wfu;u tks fd VªsM

;wfu;u ,DV 1926 ds vUrxZr iathd`r laLFkk gSA izkFkhZ laxBu bf.M;u us'kuy lhesaV वक्सड QSMjs'ku cEcbZ

ls ekU;rk ,oa lEc)rk j[krk gSA izkFkhZ dk fu;kstd mn;iqj lhesaV वक्सड dEiuht ,DV esa iathd`r

vkS|ksfxd bZdkbZ gS ,oa lhesaV eSU;wQSDplZ ,lksfl;s'ku dk lnL; gS ,oa le>kSrk fnukad 31-7-92 esa

fu;ksDrk i{k gSA mn;iqj lhesaV वक्सड esa LFkkuh; Lrj ij dHkh osru le>kSrs ugha gq;s gSa D;ksafd lhesaV

Jfedksa ds U;wure osru fu/kkZj.k ,oa muesa o`f) 1960 ls jk"Vªh; Lrj ij gq;s gSa] blds fy;s lhesaV m|ksx

dks iwjs ns'k ds fy;s ,d gh jhtu ekuk x;k gSA mn;iqj lhesaV वक्सड }kjk m|ksx 'kq: djrs le;

o"kZ 1970 ls lhesaV m|ksx gsrq jk"Vªh; Lrj ij gq;s lHkh vokMZ] iap] fu.kZ; ,oa le>kSrs yxkrkj ykxw gksrs

jgs gSaA vr% fnukad 31-7-92 dks phQ yscj dfe'uj] Hkkjr ljdkj ubZ fnYyh ds le{k laikfnr f=i{kh;

le>kSrk Hkh vizkFkhZ ij ck/;dkjh gSA le>kSrk fnukad 31-7-92 }kjk dh xbZ osru o`f) lhesaV m|ksx ds

Jfedksa dh U;wure etnwjh gS] ftlls Jfedksa dks oafpr fd;k tkuk vlaoS/kkfud gSA Hkkjr ljdkj }kjk iwoZ

esa Hkh jk"Vªh; Lrj ij dh xbZ izfdz;k vuqlkj laikfnr le>kSrs esa Hkh U;wure osru fu/kkZfjr gksrk vk;k gSA

Hkkjr ljdkj ds xtV izdk'ku fnukad 30-9-78 esa lhesaV m|ksx gsrq fu;qDr iapksa ds vokMZ esa fdlh Hkh

lhesaV m|ksx dks iwoZ esa Hkh jk"Vªh; Lrj ds osruekuksa esa vkfFkZd ?kkVs ;k vU; dkj.kksa ls NwV iznku ugha dh

xbZ gSA le>kSrk fnukad 31-7-92 vkS|ksfxd fookn vf/kfu;e 1947 ds fu;e 12¼3½ ds vUrxZr oS/kkfud :i

ls le>kSrk dk;Zokgh esa f=i{kh; le>kSrk gS] ftlesa lhesaV Jfedksa dk osru U;wure osru ekuk gSA mn;iqj

lhesaV वक्सड] lhesaV esU;wQSDplZ ,lksfl;s'ku ¼CMA½ dk lnL; gSA vkS|ksfxd fookn vf/kfu;e 1947 ds fu;e

36¼2½¼ch½ ds vUrxZr lacaf/kr fookn ,oa le>kSrs esa Lo;aeso ,d ikVhZ gSA ,lksfl;s'ku ds lnL;ksa ds fy;s

i`Fkd ls vf/kd`r djus dh dksbZ vko';drk ugha gSA vizkFkhZ eS0 mn;iqj lhesaV वक्सड vkS|ksfxd fookn

vf/kfu;e ds fu;e 18¼3½ ds vuqlkj le>kSrk fnukad 31-7-92 ekuus ds fy;s ck/; gSaA vizkFkhZ laLFkku }kjk

lhesaV eSU;wQSDplZ ,lksfl;s'ku dh lnL;rk ugha R;kxh gS] fnukad 10-7-92 ds i= }kjk ek= le>kSrk fd;s

tkus ij vlgefr O;Dr dh gS] ftlesa LFkkuh; ;wfu;u ls le>kSrk djus dk dkj.k crk;k gS] tks

fu;ekuqlkj laHko gh ugha gSA blh dkj.k lhesaV esU;wQSDplZ ,lksfl;s'ku ¼CMA½ }kjk Hkh bl i= dk dksbZ

tokc nsuk Hkh mfpr ugha le>k x;kA vizkFkhZ mn;iqj lhesaV odZl us vius LFkkuh; Lrj ij le>kSrk

djus dh lwpuk LFkkuh; ;wfu;u dks ugha nh xbZA var esa izkFhkZ ;wfu;u }kjk f=i{kh; le>kSrk fnukad 31-7-

92 ykxw djus ,oa U;wure osru Hkqxrku vf/kfu;e 1948 dh /kkjk 20 ds vUrxZr nl xquk {kfriwfrZ lfgr

Hkqxrku ,oa gtkZ&[kpkZ fnyk;s tkus dh izkFkZuk dh gSA

vizkFkhZ laLFkku dh vksj ls tokc izLrqr dj vfHkdFku fd;k gS fd eS0 ctkt fganqLrku lhesaV

eSU;wQSDpfjax ,lksfl;s'ku dh lnL; Fkh ,oa lhesaV eSU;wQSDpfjax ,lksfl;s'ku lkslk;Vh jftLVªs'ku ,DV

1860 ds vUrxZr iathd`r FkhA o"kZ 1970 esa mn;iqj lhesaV odZl uke dh bdkbZ mn;iqj ls 32 fdyksehVj

3120 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

dh nwjh ij LFkkfir dh xbZ FkhA vkS|ksfxd fookn vf/kfu;e dh /kkjk 12¼3½ ds rgr nh?kZdkfyd le>kSrs

laikfnr gq;s gSaA daiuh izca/ku dks vkS|ksfxd lacaf/kr leL;k] VªsM ;wfu;u yhMjksa }kjk fgalkRed xfrfof/k;ka]

QSDVªh esa O;kIr vuq'kklughurk o U;wure mRikndrk bR;kfn ds dkj.k o"kZ 1985&86 ls 1991&92 rd

djhc 40 djksM+ :0 lkykuk fujUrj ?kkVk gksus ds dkj.k mRiknu izfdz;k dks fuyafcr djuk iM+k ,oa varr%

mDr bdkbZ dks eS- ts0ts0 m|ksx fyfeVsM dks 02-12-93 dks csp fn;k x;kA lsUVªy VªsM ;wfu;u

vkxZsukbZts'ku o lhesaV eSU;wQSDpfjax ,lksfl;s'ku ds e/; gqvk le>kSrk fnukad 31-7-92 vizkFkhZ daiuh ij

ck/;dkjh ugha Fkk D;ksafd mlds vf/kdkfj;ksa }kjk dksbZ le>kSrk djus gsrq vf/kd`r ugha fd;k x;k FkkA

vizkFkhZ daiuh }kjk vius i= fnukad 10-07-1992 }kjk lhesaV eSU;wQSDpfjax ,lksfl;s'ku dks lwfpr dj fn;k

x;k Fkk fd daiuh vius Lo;a ds Lrj ij daiuh dh etnwj ;wfu;u ds lkFk le>kSrk djsxh vkSj mls

jk"Vªh; le>kSrk esa dksbZ fnypLih ugha gS rFkk ;fn muds }kjk dksbZ le>kSrk fd;k tkrk gS fd og ml

ij ykxw@ck/;dkjh ugha gksxkA mDr le>kSrk fnukad 31-7-92 dks eS- ctkt fganqLrku fyfeVsM }kjk

ekuuh; jkt0 mPp U;k;ky; esa tfj;s fjV ;kfpdk pqukSrh nh xbZ Fkh ftlesa ekuuh; mPp U;k;ky; }kjk

vius vkns'k fnukad 12-02-1993 ds tfj;s mDr le>kSrk fnukad 31-7-92 dh fdz;kfUofr daiuh ds lanHkZ esa

jksd yxk nh xbZ Fkh rFkk vafre vkns'k fnukad 24-9-97 }kjk fjV ;kfpdk fuLrkfjr djrs gq;s daiuh dks

lacaf/kr izkf/kdkjh ds le{k fookn mBkus gsrq funsZf'kr fd;k x;kA mDr vkns'k dh vuqikyuk esa Hkkjr

ljdkj }kjk mDr fookn U;k;fu.kZ;kFkZ izsf"kr fd;k x;k gSA eS- ts-ds- mn;iqj m|ksx fyfeVsM izca/ku }kjk

fnukad 26-7-94 dks ,d f=i{kh; le>kSrk laiUu fd;kA mDr le>kSrs ds vuqlkj ts-ds- mn;iqj m|ksx

fyfeVsM }kjk fnukad 01-02-93 ls 30-6-94 dh vof/k ds varjky esa lhesaV eSU;wQSDpfjax ,lksfl;s'ku rFkk

lsUVªy VªsM ;wfu;u vkWxZsukbZts'ku ds e/; gq;s le>kSrk fnukad 31-7-92 ds vuq:i feyus okys ykHk o jkf'k

dk Jfedksa dks 100 izfr'kr mRiknu nsus rFkk vkS|ksfxd 'kkafr cuk;s j[kus ij 50 izfr'kr dk Hkqxrku dj

fn;k x;k gSA eS- ts0ds0 mn;iqj m|ksx fyfeVsM }kjk fnukad 1-7-94 ls vius Jfedksa dks mDr le>kSrs dk

100 izfr'kr ykHk fn;k x;kA mDr le>kSrk fnukad 26-7-94 esa le>kSrs dh 'krZ ds vuqlkj Jfedksa }kjk

;g Lohdkj fd;k x;k gS fd mDr le>kSrk o vU; lHkh le>kSrs ftlesa le>kSrk fnukad 31-7-92 Hkh

'kkfey gS] vfrf"Br ¼Prevail½ djsxk rFkk Jfedx.k fdlh izdkj dk Dyse ;k ekax foRrh;] vkfFkZd o vU;

dk;kZUo;u@ifjpkyu vof/k ds nkSjku 31-7-96 rd ugha mBk;saxsA vr% le>kSrk fnukad 31-7-1992 ds laca/k

esa dksbZ vkS|ksfxd fookn ugha jg tkrk gS rks vizkFkhZ laLFkku dh dksbZ ns;rk ugha curh gS rFkk iwoZ

Jfedx.k tks eS0 ts0ds0 mn;iqj lhesaV m|ksx fyfeVsM esa dk;Zjr gS] fdlh izdkj ls dksbZ Hkqxrku o ykHk

ds laca/k esa dksbZ f'kdk;r eS- ctkt fganqLrku ds f[kykQ ugha dj ldrs gSaA var esa izkFkhZ ;wfu;u }kjk

izLrqr Dyse [kkfjt fd;s tkus dh izkFkZuk dh gSA

izkFkhZ ;wfu;u dh vksj ls LVsVesaV vkWQ Dyse ds leFkZu esa xokg Jh ckcwyky /kkHkkbZ ijhf{kr gq;s

gSa] ftlls vizkFkhZ izfrfuf/k }kjk ftjg dh xbZ ,oa vizkFkhZ laLFkku dh vksj ls Jh funsZ'k xxZ ijhf{kr gq;s gSa]

ftlls izkFkhZ izfrfuf/k }kjk ftjg dh xbZ gSA

mHk; i{kksa dh cgl lquh xbZA i=koyh dk /;kuiwoZd voyksdu fd;k x;kA izkFkhZ ;wfu;u ds

vf/kd`r izfrfuf/k }kjk cgl dh xbZ gS fd le>kSrk fnukad 31-7-92 lsUVªy VªsM ;wfu;u vkxZsukbZts'ku o

lhesaV eSU;wQSDpfjax ,lksfl;s'ku ds e/; laikfnr f=i{kh; le>kSrk gSA eS0 mn;iqj lhesaV odZl lhesaV

eSU;wQSDpfjax ,lksfl;s'ku dh lnL; gS vkSj mDr le>kSrk fnukad 31-7-92 vizkFkhZ laLFkku ds Åij ykxw

ugha gksus ls vizkFkhZ laLFkku mls ekuus ds fy;s ck/;dkjh gSA dsoy 10-7-92 ds i= }kjk LFkkuh; ;wfu;u ds

lkFk le>kSrk djus dk dFku djus ek= ls vizkFkhZ laLFkku mDr le>kSrk dks njfdukj ugha dj ldrk

tcfd vizkFkhZ laLFkku }kjk LFkkuh; ;wfu;u ds lkFk dksbZ le>kSrk ugha fd;k x;k rFkk oSls Hkh lhesaV

m|ksx gsrq jk"Vªh; Lrj ij laikfnr le>kSrs gh ykxw gksrs vk;s gSaA vizkFkhZ laLFkku vf/kfu;e ds fu;e

18¼3½ ds vuqlkj le>kSrk fnukad 31-7-92 ekuus ds fy;s ck/; gSa vr% rnuq:i ykHk fnyk;s tkosaA

blds foijhr vizkFkhZ laLFkku ds vf/kd`r izfrfuf/k }kjk cgl dh xbZ gS fd vizkFkhZ laLFkku }kjk

mDr bZdkbZ dks eS0 ts0ds0 m|ksx fyfeVsM dks fnukad 02-12-93 dks csp fn;k x;k FkkA mlds mijkar

eS0ts0ds0 m|ksx fyfeVsM o Jfedx.k ds e/; fnukad 26-7-94 dks f=i{kh; le>kSrk Hkh laikfnr gqvk gS]

ftlds rgr iwoZ gq;s le>kSrs lekIr gks pqds FksA vizkFkhZ laLFkku }kjk vius i= fnukad 10-7-92 }kjk mDr

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3121

le>kSrk mu ij ykxw ugha gksus ckcr~ lhesaV eSU;wQSDpfjax ,lksfl;s'ku dks lwfpr dj fn;k x;k FkkA vr%

mDr le>kSrk fnukad 10-7-92 vizkFkhZ laLFkku ij ck/;dkjh ugha gSA U;kf;d n`"Vkar Veermani vs The

Presiding Officer, Addl. Labour court and A nother 1997 LLR 891 esa ekuuh; dukZVdk mPp U;k;ky; }kjk

Hkh vius fofu'p; esa bl rjg ds ekeyksa esa vizkFkhZ laLFkku ds Åij laikfnr le>kSrk ykxw gksus ds fy;s

ck/;dkjh ugha ekuk gSA vr% izkFkhZ ;wfu;u }kjk izLrqr Dyse [kkfjt fd;k tkosA

eSaus mHk; i{kksa }kjk fn;s x;s rdksZa ij euu fd;k ,oa i=koyh dk /;kuiwoZd voyksdu fd;k x;k

rFkk vizkFkhZ izfrfuf/k }kjk izLrqr U;kf;d n`"Vkar dk llEekuiwoZd voyksdu o ifj'khyu fd;kA

izkFkhZ ;wfu;u }kjk vius Dyse esa lsUVªy VªsM ;wfu;u vkxZsukbZts'ku o lhesaV eSU;wQSDpfjax

,lksfl;s'ku ds e/; laikfnr f=i{kh; le>kSrk fnukad 31-7-92 vizkFkhZ laLFkku ij ck/;dkjh gksus ls ykxw

fd;k tkuk dFku fd;k gSA i=koyh ds voyksdu ls Li"V gS fd mDr f=i{kh; le>kSrk fnukad 31-7-92

lsUVªy VªsM ;wfu;u vkxZsukbZts'ku o lhesaV eSU;wQSDpfjax ,lksfl;s'ku ds e/; gqvk gS] ftlesa vizkFkhZ

laLFkku dh vksj ls dksbZ vf/kd`r izfrfuf/k mifLFkr ugha FkkA izkFkhZ izfrfuf/k }kjk ;g rdZ fn;k x;k gS

fd vizkFkhZ laLFkku lhesaV eSU;wQSDpfjax ,lksfl;s'ku dk lnL; gS vkSj bl dkj.k mDr le>kSrk fnukad

31-7-92 vf/kfu;e ds izko/kkukuqlkj ml ij ck/;dkjh gSA mn;iqj lhesaV odZl vizkFkhZ laLFkku eS0 ctkt

fgUnqLrku fyfeVsM dh ,d bZdkbZ gS] tks fnukad 02-12-93 dks eS- ts- ds m|ksx fyfeVsM dks cspku dj

fn;k x;k Fkk vr% mDr f=i{kh; le>kSrs fnukad 31-7-92 ds laiknu ds nkSjku mn;iqj lhesaV वक्सड

vfLrRo esa Fkh] ftlds }kjk vius i= fnukad 10-7-92 izn'kZ ,e&2 ds }kjk lhesaV eSU;qQSDpfjax

,lksfl;s'ku dks mDr le>kSrk ds laca/k esa mu ij ykxw ugha gksus ckcr~ dFku fd;k gS rFkk lkFk gh

LFkkuh; ;wfu;u ds lkFk le>kSrk djus dk dFku fd;k gSA rRi'pkr~ vizkFkhZ mn;iqj lhesaV odZl }kjk

mDr bdkbZ fnukad 02-12-93 dks eSllZ ts0ds0 m|ksx fyfeVsM dks iw.kZ :i ls cspku dj fn;k x;kA

vizkFkhZ izfrfuf/k dh vksj ls izLrqr U;kf;d n`"Vkar Veermani vs The Presiding Officer, Addl. Labour court

and another 1997 LLR 891 esa ekuuh; dukZVdk mPp U;k;ky; }kjk vius fofuf'p; esa ;g fl)kar

izfrikfnr fd;k gS fd tgka Employers ociation ds lnL; jgrs gq;s fu;kstd us gksus okys le>kSrs ds

laca/k esa dksbZ :fp ugha jgus dh lwpuk nh gks rks og le>kSrk mDr laLFkku ij ykxw ugha gksxkA izLrqr

izdj.k esa Hkh vizkFkhZ laLFkku us lhesaV esU;wQSDplZ ,lksfl;s'ku ¼CMA½ ds le>kSrs fnukad 31-7-92 ls iwoZ

vius i= fnukad 10-7-92 }kjk lwfpr dj fn;k Fkk fd og le>kSrk ekuus ds bPNqd ugha gSA vr% izLrqr

izdj.k ds rF;ksa ,oa ifjfLFkfr;ksa ij mDr uthj iw.kZ:is.k pLik gksrh gSA vr% mDr U;kf;d n`"Vkar esa

izfrikfnr fl)kar ds izdk'k esa mDr f=i{kh; le>kSrk fnukad 31-7-92 vizkFkhZ laLFkku ij ck/;dkjh ugha

ekuk tk ldrkA fu"d"kZr% izkFkhZ ;wfu;u }kjk izLrqr LVsVesaV vkWQ Dyse Lohdkj fd;s tkus ;ksX; ugha gSA

fu"d"kZr% izdj.k esa fuEu vokMZ ikfjr fd;k tkrk gS &

CLC Centralz

CMA

jSQjsal rnuqlkj mRrfjr fd;k tkrk gSA

xtsUnz iky eks?kk] U;k;k/kh'k

नई दिल्ली, 22 दिसम्बर, 2022

का.आ. 1426.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में,

केन्री सरकार रािस्ट् ान राज् जनि जवकास जनगम जलजमटेड; टंगस्ट्टन परर ोिना, सिंिुस्ट्तान सिंक जलजमटेड,

रािस्ट् ान के प्रबंितंत्र के संबद्ध जन ोिकों और अध् क्ष, िनिाजत ान मज़िूर संघ के बीच अनुबंि में जनर्िडष्ट

औद्योजगक अजिकरण- सि-श्रम न् ा ाल ि पुर के पंचाट (संिभड सं. सेंरल आईटी केस न. 61/1995

(सी.आई.एस.

3122 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

न. 38/2014) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, को प्रकाजित करती िज िो केन्री सरकार को सॉफ्ट कॉपी

के सा 23.12.2022 को प्राप्त हुआ ा l

[सं. एल-29011/8/1995- आईआर(एम)]

डी. के. हिम ांशु, अवर सजचव

New Delhi, the 22nd December, 2022

S.O. 1426.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No.(Central IT Case No. 61/1995 (CIS NO. 38/2014)) of the

Industrial Tribunal -cum -Labour Court, Jaipur as shown in the Annexure, in the Industrial dispute between the

employers in relation to Rajasthan Rajya Khanij Vikas Nigam Limited; Tungsten Pariyojna, Hindustan Zinc

Limited, (Rajasthan) and Hind Zinc Tungastan Mazdoor Sangh, (Rajasthan) which was received along with soft

copy of the award by the Central Government on 23.12.2022.

[No. L-29011/8/1995 - IR(M)]

D. K. HIMANSHU, Under Secy.

अनुबंि

Presiding Officer

:

Gajendra Pal Mogha, RHJS

Central IT Case No.

:

61/1995

CIS No.

:

38/2014

ि

…

…

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3123

ि

1. “Whether the action of the management of M/s Rajasthan State Mineral

Development Corporation is justified in not giving pay scale of Rs. 355-570 (pre-

revised) w.e.f. 12-6-80 which is at present 880-1680 to shri chaman Singh, pump

operator when the scale of Rs. 355-570 (pre-revised) and present pay scale of Rs. 880-

1680 are given to Shri Hasan Khan, Pump operator w.e.f. 1.4.78? If not, to what relief

the workman is entitled to?”

2. “Whether the workman Shri Hemant Kumar is entitled for the designation and pay

scale of Junior Assistant w.e.f. 6-9-83 on the basis of work performed by him through

employed as skilled workman, If not, to what relief the workman is entitled to and

from which date?”

3124 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1427.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV (lanHk

la- 22/2010)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 15-11-2022 dks izkIr gqvk FkkA

[सं. एल-22012/43/2010- आईआर(सी एम- II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1427.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 22/2010) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 15.11.2022.

[No. L-22012/43/2010- IR(CM-II)]

RAJENDRA SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol

REFERENCE CASE No. 22 OF 2010

PARTIES : Munir Hussain.

Vs.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3125

Management of Mithani Colliery, Sodepur Area of M/s. ECL.

REPRESENTATIVES:

For the Union/Workman: Mr. Rakesh Kumar, President, Koyala Mazdoor Congress.

For the Management:

Mr. P. K. Goswami, Learned Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

02.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/43/2010-IR(CM-II) dated 07.12.2010 followed by a Corrigendum dated 06.11.2015 has been

pleased to refer the following dispute between the employers, that is the Management of Mithani Colliery,

Sodepur Area, Eastern Coalfields Limited and their workman for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management of Mithani Colliery of M/s. ECL in not

protecting the wages of Shri Munir Hussain while conversion from Piece Rates to

Time Rate, is justified? What relief the workman is entitled to and from which date?”

1.

On receiving Order No. L-22012/43/2010-IR(CM-II) dated 07.12.2010 followed by a Corrigendum

dated 06.11.2015 from the Govt. of India, Ministry of Labour, New Delhi for adjudication of the dispute, a

Reference case No. 22 of 2010 was registered on 09.12.2011 and an order was passed issuing notice to the

parties through registered post, directing them to appear and submit their written statements along with relevant

documents in support of their claims and a list of witnesses. Both parties appeared before the Tribunal through

their authorized representatives.

2.

The workman submitted written statement on 10.07.2013. the Management of Eastern Coalfields

Limited submitted written statement on 06.09.2016. No evidence was adduced by the parties.

3.

Contention of the workman is that he is a permanent employee of the Company having a designation

of U.G. Loader at Mithani Colliery under Sodepur Area of Eastern Coalfields Limited. Due to sustaining injury

during his underground employment, he was sent to the Apex Medical Board and was declared unfit for

performing the loader’s job. The workman was therefore converted from Piece Rate (PR) to Time Rate (TR) i.e.

from Group VA to Cat-II but while fixing his pay the basic pay of the employee was not protected. Before his

conversion his pay was Rs.199/- (Rupees one hundred and ninety-nine only) per day and after conversion his

basic pay was fixed as Rs.189.46 (Rupees one hundred eighty-nine and forty-six paise only) per day. Instant

Reference has been made for adjudicating the question as to whether this conversion without protecting the

basic pay was legal and justified.

4.

When the case is called up today i.e. 02.11.2022 for evidence of the workman i.e. Munir Hussain, Mr.

Rakesh Kumar, President, Koyala Mazdoor Congress submitted an application stating that the workman has

retired from the service of the company and not interested in proceeding with the case. As such necessary order

may be passed.

5.

In view of the submission I am of the view the workman who is not interested to proceed with the case

is presume to have no dispute with the Management over the matter. The Reference case is therefore disposed

of. Hence,

ORDER

A No Dispute Award be drawn up in respect of the above Reference. Let copies of the Award be sent

to the Ministry of Labour, Govt. of India, New Delhi for information and notification. The Reference is

accordingly disposed of.

ANANDA KUMAR MUKHERJEE, Presiding Officer

3126 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1428.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj bZ-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;] vklulksy ds iapkV (lanHkZ

la[;k 43/2012) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 15-11-2022 dks izkIr gqvk FkkA

[सं. एल-22012/183/2012-आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1428.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 43/2012) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 14/12/2022.

[No. L-22012/183/2012 - IR(CM- II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol

REFERENCE CASE NO. 43 OF 2012

PARTIES: Management of Kumardihi ‘B’ Colliery of M/s. ECL

Vs.

Duruka Munda

REPRESENTATIVES:

For the Management:

Mr. P. K. Goswami, Learned Advocate.

For the Union/Workman:

Mr. S. K. Pandey, General Secretary, Colliery Mazdoor Congress (HMS).

INDUSTRY:

Coal.

STATE:

West Bengal.

DATED:

27.10.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), the Govt. of India through the Ministry of Labour, vide its

Order No. L-22012/183/2012-IR(CM-II) dated 19.11.2012 has been pleased to formulate and refer this dispute

for adjudication by this Tribunal.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3127

SCHEDULE

“ Whether the action of the Management of M/s. Kumardihi ‘B’ Colliery in dismissing

Shri Duruka Munda, Ex-U.G.Loader is justified? What relief the workman concerned

is entitled to and from which date? ”

1.

Having received Order No. L-22012/183/2012-IR(CM-II) dated 19.11.2012 from the Government of

India, Ministry of Labour, New Delhi a Reference case No. 43 of 2012 was registered on 10.11.2012. Notices

were issued to the Management of Eastern Coalfields Limited as well as the General Secretary, Colliery

Mazdoor Congress (HMS), Union, representing the workman, directing them to submit their written statements

along with relevant documents and list of witnesses before this Tribunal.

2.

Written statement was filed on behalf of the Management on 23.07.2013 and by the workman on

02.06.2016. The case was thereafter fixed for hearing on a preliminary point regarding fairness of the Enquiry

Proceeding. Since the Management of Eastern Coalfields Limited did not opt to adduce evidence on the

preliminary issue the case was again fixed for final hearing and adducing evidence by the workman.

3.

During pendency of the proceeding the parties entered into a mutual agreement in presence of their

representatives and on the basis of the agreement entered into between both parties on 29.03.2019, Duruka

Munda who was terminated from service for his unauthorized absence was reinstated in service in the initial

basic as General Mazdoor, Category-I. A copy of the memorandum of settlement in Form “H” was forwarded to

this Tribunal by the Agent of Kumardihi B Colliery of M/s. Eastern Coalfields Limited vide Ref. No.

KB/AGT/PER/CGIT/2019/71 dated 15/16.04.2019. On 11.10.2022 when the record was placed before this

Tribunal none of the parties were found present. Having perused the Reference framed by the Government of

India for adjudication and the terms of settlement which were arrived between the parties, it is abundantly clear

that the concerned employee has already been reinstated according to terms of settlement and no dispute exists

between them. Accordingly, an Award is passed in favour of the workman treating the terms of settlement a part

of the award.

Hence,

ORDER

An Award be passed on the basis of the terms of settlement dated 29.03.2019, treating the terms of

settlement in Form “H” as part of the Award. Let copies of the Award be sent to the Ministry of Labour,

Government of India for information and notification. The Reference case is accordingly disposed of.

ANANDA KUMAR MUKHERJEE, Presiding Officer,

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1429.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV (lanHkZ

la- 07/2007)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 11-11-2022 dks izkIr gqvk FkkA

[सं. एल-22012/264/2006-आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1429.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 07/2007) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 11.11.2022.

[No. L-22012/264/2006 - IR(CM-II)]

RAJENDER SINGH, Under Secy.

3128 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT : Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE No. 07 OF 2007

PARTIES : Radheshyam Roy.

Vs.

Management of Shyamsunderpur Colliery, Bankola Area, M/s. ECL

REPRESENTATIVES:

For the Management:

Mr. P. K. Goswami, Learned Advocate.

For the Union/Workman: Mr. S. K. Pandey, General Secretary, Colliery Mazdoor Congress.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

01.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/264/2006 – IR (CM-II) dated 18.01.2007 has been pleased to refer the following dispute between

the employers, that is the Management of Shyamsunderpur Colliery under Bankola Area of M/s. Eastern

Coalfields Limited and their workman for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management of Shyamsunderpur Colliery under

Bankola Area of M/s. Eastern Coalfields Limited, in dismissing Mr.

Raddheyshyam Roy from services w.e.f. 4.7.2001 is legal and justified? If not,

to what relief is the workman entitled?”

1. On receiving Order No. L-22012/264/2006 – IR (CM-II) dated 18.01.2007 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 07 of 2007 was registered

on 19.02.2007 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along with the relevant documents in support of their claims and a

list of witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. Written statements were filed by the Management of Eastern Coalfields Limited as well as by the

workman, represented by Koyala Mazdoor Congress, Union. Radheshyam Roy, the dismissed employee filed

his affidavit-in-chief and was cross-examined on behalf of Eastern Coalfields Limited.

3. The case is fixed up today i.e. 01.11.2022 for order in respect of settlement. Mr. P. K. Goswami,

learned advocate for the Management submitted that the industrial dispute between the workman Radheshyam

Roy and the Management of Eastern Coalfields Limited has been amicably settled on 23.11.2018.

4. It appears from the record that on 20.03.2019 an intimation was received by this Tribunal to the effect

that the industrial dispute between the parties has been resolved according to the terms of agreement in Form

‘H’.

5. In view of such settlement and the terms and conditions laid down in the memorandum of agreement

dated 23.11.2018. Radheshyam Roy, the dismissed employee has been reinstated in service in the initial basic as

General Mazdoor, Cat-I. The period from the dismissal till his re-instatement has been treated as dies-non and

the workman is not entitled to any kind of back wages. In light of the above findings let an Award of no dispute

be passed. Hence,

ORDER

The Reference case is disposed of in favour of the workman. A No Dispute Award be passed in terms

of memorandum of agreement in Form ‘H’ which is made a part of the Award. Let copies of the Award be sent

to the Ministry of Labour, Govt. of India, New Delhi for information and necessary action.

ANANDA KUMAR MUKHERJEE, Presiding Officer

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3129

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1430.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la- 13/2014)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2022 dks izkIr gqvk

FkkA

[सं. एल-22012/75/2014- आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1430.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 13/2014) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 09.11.2022

[No. L-22012/75/2014 - IR(CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT : Shri Ananda Kumar Mukherjee, Presiding Officer

C.G.I.T-cum-L.C., Asansol

REFERENCE CASE NO. 13 OF 2014

PARTIES : Management of Monoharbahal Colliery under Salanpur Area of M/s. ECL

Vs.

Baleswar Mahali

REPRESENTATIVES:

For the Management:

Mr. P. K. Das, Learned Advocate.

For the Union/Workmen: Mr. S. K. Pandey, General Secretary, Colliery Mazdoor Congress.

. INDUSTRY: Coal.

STATE : West Bengal.

DATED :

25.10.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), the Govt. of India through the Ministry of Labour, vide its

Order No. L-22012/75/2014-IR(CM-II) dated 25.11.2014 and Corrigendum dated 10.05.2016 has been pleased

to refer the following dispute between the employers that is the Management of Monoharbahal Colliery under

Salanpur Area of M/s. Eastern Coalfields Limited and the workman Baleswar Mahali for adjudication by this

Tribunal.

SCHEDULE

“ Whether the action of the Management of M/s. Eastern Coalfields Ltd. in relation

its Manoharbahal Colliery under Salanpur Area in imposing a punishment of

dismissal on Shri Baleshwar Mahali, U. G. Loader w.e.f. 29/03/2008, vide order No.

C-6/36/P-240 dated 29/03/2008 is just and legal? If not, to what relief the workman

is entitled to? ”

3130 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

1. After receiving Order No. L-22012/75/2014-IR(CM-II) dated 25.11.2014 followed by a Corrigendum

dated 10.05.2016 whereby a Reference was framed by the Government of India, Ministry of Labour, New Delhi

for adjudication, a Reference case No. 13 of 2014 was registered on 16.12.2014. Notices were issued to the

Management of Eastern Coalfields Limited as well as the Secretary, Koyala Mazdoor Congress, Union,

representing the workman, directing them to file their statements of claim along with relevant documents and

list of witnesses in support of their respective claims.

2. The case is fixed up today for further order. On perusal of the record, it appears that previously the

case was fixed for evidence. In the meantime on 23.11.2018 a settlement has been reached between the

representative of the workman, BaleswarMahali and the Management. Agreement signed between the parties

on 23.11.2018 containing the terms of settlement has been filed on 01.01.2019 and placed with the record only

on 23.08.2022.

3. On call none appears for the workman. Mr. P. K. Das, learned advocate appears for the Management. I

have considered the order of Reference dated 25.11.2014 as well as Corrigendum dated 10.05.2016 and Terms

of Settlement dated 23.11.2018.

4. Reference was framed for adjudication of an Industrial Dispute as to whether the action of

Management of M/s. Eastern Coalfields Limited in relation to Monoharbahal Colliery under Salanpur Area was

justified and legal in dismissing Baleswar Mahali, U.G. Loader w.e.f. 29.03.2008. During pendency of the

Reference parties arrived at a mutual settlement on 23.11.2018 on the terms and conditions enumerated under

serial Nos. I to VIII of the agreement. According to the terms of settlement Baleswar Mahali, U. M. No.

103255 of Manoharbahal Colliery was reinstated without any back wages for the period of his idleness.

5. The Reference case is accordingly disposed of in favour of the workman and an Award is passed

treating the Settlement dated 23.11.2018 in three (3) pages as a part of this Award. Copies of Award in

duplicate be sent to the Ministry for Notification. Hence,

ORDER

The Reference case be disposed of and the mutual settlement dated 23.11.2018 be treated as a part of

the Award.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1431.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV (lanHkZ

la- 11/2010)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2022 dks izkIr gqvk FkkA

[सं. एल-22012/81/2009- आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1431.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 11/2010) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 09/11/2022

[No. L-22012/81/2009 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT : Shri Ananda Kumar Mukherjee, Presiding Officer.

C.G.I.T-cum-L.C., Asansol.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3131

REFERENCE CASE No. 11 OF 2010

PARTIES : Bhuneshwar Das.

Vs.

Management of Shyamsunderpur Colliery, Bankola Area, M/s. ECL.

REPRESENTATIVES:

For the Management:

Mr. P. K. Goswami, Learned Advocate.

For the Union/Workman: Bhuneswar Das, previously represented by

Mr. G. P. Mal, Learned Advocate.

INDUSTRY :

Coal.

STATE :

West Bengal.

Dated :

01.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/81/2009 – IR (CM-II) dated 02.03.2010 has been pleased to refer the following industrial dispute

between the employers, that is the Management of Shyamsunderpur Colliery under Bankola Area of M/s.

Eastern Coalfields Limited and their workman for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management of Shyamsunderpur Colliery under

Bankola Area of M/s. ECL in dismissing Sri Bhuneshwar Das, w.e.f. 16.06.2007 is

legal and justified? To what relief is the claimant entitled for?”

1. After receiving Order No. L-22012/81/2009 – IR (CM-II) dated 02.03.2010 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 11 of 2010 was registered

on 18.03.2010 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along with relevant documents in support of their claims along with

a list of witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. Written statements were submitted by both the parties. Bhuneshwar Das was also examined as

Workman Witness. Mr. P. K. Goswami, learned advocate for the Eastern Coalfields Limited Management

submitted that the dispute between the parties has been settled as per terms of agreement in Form ‘H’. Learned

advocate thereafter prayed for passing an Award of “no dispute” between the parties. The record reveals that

the Agent, Shyamsunderpur Colliery of M/s. ECL in his letter dated 13.12.2018 addressed to this Tribunal

disclosed that the concerned workman, Management of ECL and the Union would separately file petition before

this Tribunal to the effect that the matter was settled and no dispute existed between them. A copy of the terms

of settlement has been enclosed with the letter. No separate application has been filed by the workman or by the

learned advocate of the Management. Considering the terms of agreement, it appears that the ex-employee has

been reinstated in service as General Mazdoor, Cat-I. The period from his dismissal till restatement was treated

as dies-non and the workman was not entitled to any back wages.

3. In the light of the agreement reached between the parties the Reference case is disposed of and an

Award is passed to the effect that no dispute exists between the parties. A copy of the Memorandum of

Settlement dated 23.11.2018 is treated as part of the Award.

Hence,

ORDER

That a No Dispute Award be passed treating the terms and conditions of the settlement dated

23.11.2018 as part of the Award. Let copies of the Award be sent to the Ministry of Labour, Govt. of India,

New Delhi for information and needful. The Reference is accordingly disposed of.

ANANDA KUMAR MUKHERJEE, Presiding Officer

3132 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1432.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल- ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la- 02/2011)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 14-12-2022 dks izkIr gqvk FkkA

[सं. एल-22012/78/2010- आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1432.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 02/2011) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 14.12.2022.

[No. L-22012/78/2010- IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE No. 02 OF 2011

PARTIES : Kamal Majhi.

Vs.

Management of Manoharbahal Colliery, Salanpur Area, M/s. ECL.

REPRESENTATIVES:

For the Management:

Mr. P. K. Das, Learned Advocate.

For the Union/Workman: Mr. S. K. Pandey, General Secretary, Colliery Mazdoor Congress (HMS).

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

11.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/78/2010 – IR (CM-II) dated 28.12.2010 has been pleased to refer the following dispute between

the employers, that is the Management of Manoharbahal Colliery under Salanpur Area of M/s. Eastern

Coalfields Limited and their workman for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management of Manoharbahal Colliery under Salanpur

Are of M/s. Eastern Coalfields Limited, in dismissing Sri Kamal Majhi, Underground

Loader, UM No. 137940 w.e.f. 26.06.2009 is legal and justified? To what relief is the

concerned workman entitled?”

1.

On receiving Order No. L-22012/78/2010 – IR (CM-II) dated 28.12.2010 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 02 of 2011 was registered

on 09.12.2011 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along with relevant documents in support of their claims and a list of

witnesses. Both parties appeared before the Tribunal through their authorized representatives.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3133

2.

The Reference case is fixed up today for evidence of Management Witness. Mr. P. K. Das, learned

advocate for M/s. ECL Management is present. None appeared for the workman. It is submitted by Mr. P. K.

Das that the dispute referred for adjudication is whether the dismissal of Kamal Majhi w.e.f. 26.06.2009 was

legal and justified. During pendency of the proceeding the employer and employee arrived at an amicable

settlement on 23.11.2018 and in terms of settlement the workman who had been dismissed form service was

reinstated in the initial basic as General Mazdoor in TR (Time Rate) Cat-I. It was further agreed that the

employee will unconditionally withdraw all pending claims/dispute raised by him or any union before any

forum / court of law relating to his dismissal and submit a no objection certificate before the Management.

Learned advocate for M/s. ECL urged that the Reference case may be disposed of in terms of settlement arrived

at between the parties.

3.

On a perusal of the record, I find that after registration of this case the workman adduced evidence and

he was cross-examined. Thereafter, a memorandum of settlement in Form ‘H’ was filed before this Tribunal

disclosing the terms of settlement. The workman put his LTI (left thumb impression) on the Agreement and he

was represented by Shri S. K. Pandey, General Secretary, HMS. As the dispute has been resolved an Award is

passed in favour of the workman treating the Memorandum of Settlement dated 23.11.2018 in three (3) pages as

a part of the Award. Hence,

ORDER

The Reference case is disposed of in favour of the workman. A “No Dispute Award” be passed in

terms of Memorandum of Settlement dated 23.11.2018 in Form ‘H’ which is made a part of the Award. Let

copies of the Award be sent to the Ministry of Labour, Govt. of India, New Delhi for information and necessary

action.

ANANDA KUMAR MUKHERJEE, Presiding Officer,

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1433.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. 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–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la- 129/1999) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 14-12-2022 dks izkIr gqvk

FkkA

[सं. एल-22012/469/98- आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1433.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 129/1999) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 14.12.2022

[No. L-22012/469/98- IR(CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE No. 129 OF 1999

PARTIES: Gantai Sahu and five others.

3134 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

Vs.

Management of Bahula Colliery of M/s. ECL.

REPRESENTATIVES:

For the Union/Workmen: Mr. Rakesh Kumar, President, Koyala Mazdoor Congress.

For the Management : Mr. P. K. Das, Learned Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated: 05.12.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/469/98/IR(CM-II) dated 26/28.07.1999 has been pleased to refer the following dispute between

the employers, that is the Management of Bahula Colliery under Kenda Area of M/s. Eastern Coalfields Limited

and their workmen for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management of Bahula Colliery of Kenda Area of

M/s. ECL in not protecting the pay in respect of S/Sh. Gantai Sahu and five

others (list enclosed) at the time of conversion from Piece Rate to Time Rate

during 1996 is legal and justified? If not, to what relief the workmen

concerned are entitled?”

1. On receiving Order No. L-22012/469/98/IR(CM-II) dated 26/28.07.1999 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 129 of 1999 was

registered on 04.10.2001 and an order was passed issuing notice to the parties through registered post, directing

them to appear and submit their written statements along with relevant documents in support of their claims and

a list of witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. The case was fixed up on 28.11.2022 for submitting written communication by workmen as to whether

they want to proceed or not and for hearing of argument. Mr. P. K. Das, learned advocate for ECL Management

was present. Mr. Rakesh Kumar, President, Koyala Mazdoor Congress submitted that he made frantic efforts to

contact the workmen but received no information about them. Mr. Rakesh Kumar submitted that since the

workmen are not available and made no contact for a long time, the case may be disposed of in the form of No

Dispute Award.

3. The point of contention in this case is whether the action of the Management of Bahula Colliery of

Kenda Area of M/s. Eastern Coalfields Limited is justified in not protecting the pay in respect of Gantai Sahu

and five others at the time of their conversion from Piece Rate to Time Rate during 1996 and to what relief the

workmen concerned were entitled to. It appears from the written statement submitted by the Management with

rejoinder that such conversions of work from Piece Rate to Time Rate were made on the basis of option given

by the workman as such the company had no obligation to ensure payment of wages which they were getting

for Piece Rate work. Furthermore, the claim was not in consonance with the norms of the company and that the

wages were fixed for Time Rate work according to Nation Coal Wage Agreement – V (NCWA-V).

4. None of the parties have adduced any evidence in this case which is pending since the year 1999. As

the workmen involved in the dispute have not come forward to adduce any evidence and they have opted for the

conversion from Piece Rate (PR) to Time Rate (TR), I am of the view that their claim for Piece Rate wages is

not tenable. Accordingly, the Reference case is disposed in the form of No Dispute Award. Hence,

ORDERED

Let a No Dispute Award be drawn up in respect of the above Reference. Copies of the same in

duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for information

and notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3135

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1434.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la[;k 34/2019)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 14-12-2022 dks izkIr

gqvk FkkA

[सं. एल-22012/76/2019- आईआर(सी एम- II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1434.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 34/2019) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 14.12.2022

[No. L-22012/76/2019- IR(CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

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

ASANSOL

PRESENT: Ananda Kumar Mukherjee, Presiding Officer, Asansol

REFERENCE NO. 34 OF 2019

PARTIES: The Management of Central Kajora Colliery of M/s. ECL

v/s

Kartick Bouri

REPRESENTATIVES:

For the Management

:

Sh. P. K. Das, Learned Advocate

For the Union (Workman) :

Sh. Niren Chandra Das, President of BMS

INDUSTRY

:

COAL

STATE

:

WEST BENGAL

Dated

:

28.11.2022

AWARD

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

of the Industrial Disputes Act, 1947(14 of 1947), Govt. of India through the Ministry of Labour and

Employment, New Delhi vide its Letter NO. L-22012/76/2019–IR (CM-II) dated 04.09.2019 has been pleased

to refer the following dispute for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the management of Central Kajora Colliery Ltd. of Eastern

Coalfields by not regularizing Sri Kartick Bouri as Caplamp Fitter is justified or

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

________

1.

On receiving Order NO. L-22012/76/2019–IR (CM-II) dated 04.09.2019 from the Govt. of India,

Ministry of Labour and Employment, New Delhi for adjudication of the Industrial Dispute, a Reference Case

No.34 of 2019 was registered on 18.09.2019 and an order was passed issuing notice to file written statements

along with documents and list of witnesses.

3136 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

2.

The case is fixed up today for filing of written statements. Mr. P. K. Das, Learned Advocate, filed a

written statement through the Agent, Khas Kajora Colliery of M/s. ECL stating therein that Kartick Bouri, the

workman, was working as Lamp Mazdoor at Khas Kajora Colliery and later on, on his personal request he has

been deployed at Ghanshyam Colliery in miscellaneous jobs. Hence, his claim for regularization as Lamp

Charger in Category-III has no relevance in relation to his present job and the same can not be considered. It is

submitted that on the factual position the claim made by the workman can not be entertained.

3.

Mr. Niren Chandra Das, the Union representative, file an application stating that Kartick Bouri, UN

No.553410 has been offered suitable job by the Management of Central Kajora Colliery of M/s. ECL, which he

has accepted. The workman prayed for closing the adjudication in the shape of a ‘No Dispute Award’.

4.

Considering the above facts and circumstances, I hold that there is no dispute between the parties for

further adjudication. Accordingly, a ‘No Dispute Award’ is passed. The Reference Case is disposed of.

Hence,

ORDERED

Let a ‘No Dispute Award’ be drawn up. The Reference Case is disposed of. Copies of award in

duplicate be sent to the Ministry of Labour and Employment, Govt. of India, New Delhi for information and

notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1435.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;]

आसनसोल ds iapkV

(lanHkZ la- 14/2012)

dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 25-11-2022 dks izkIr gqvk

FkkA

[सं. एल-22012/22/2012- आईआर(सी एम -II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1435.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 14/2012) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 25.11.2022.

[No. L-22012/22/2012 - IR(CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol

REFERENCE CASE No. 14 OF 2012

PARTIES: Colliery Mazdoor Congress (INTUC).

Vs.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3137

Management of Narsamuda Colliery of M/s. ECL.

REPRESENTATIVES:

For the Union/Workman: None

For the Management : Mr. P. K. Das, Learned Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal

Dated:

14.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/22/2012-IR(CM-II) dated 29.03.2012 has been pleased to refer the following dispute between the

employers, that is the Management of Narsamuda Colliery under Sodepur Area of M/s. Eastern Coalfields

Limited and their workmen for adjudication by this Tribunal.

SCHEDULE

“Whether the demand of disputant Union for payment of HRA @ 20% of basic pay to

the employees Narsamuda Colliery under Sodepur area of M/s. ECL w.e.f. 01.01.2009 is

fair and justified? To what relief the concerned workmen are entitled to?”

1. On receiving Order No. L-22012/22/2012-IR(CM-II) dated 29.03.2012 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 14 of 2012 was registered

on 19.04.2012 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along with relevant documents in support of their claims and a list of

witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. The case is fixed up today for adducing evidence by Management Witness for admitting some relevant

documents and for hearing of argument. The dispute referred for adjudication by this tribunal is whether the

demand for payment of HRA @ 20% of basic pay to the employees of Narsamuda Colliery under Sodepur

Area of M/s. Eastern Coalfields Limited w.e.f. 01.01.2009 is fair and justified. In this industrial dispute the

Union of Colliery Mazdoor Congress (INTUC) is found un-represented. On repeated calls none appeared for the

Trade Union. No workman has been referred in the Schedule who may be called upon to represent the case.

Therefore, in absence of Union representative of Colliery Mazdoor Congress (INTUC) it is presumed that there

is “no dispute” to proceed further.

3. In view of non-participation by Union representative the Reference case is disposed of in the form of

an Award of No Dispute.

ORDERED

The Reference is accordingly disposed of. An Award of No Dispute is passed. Let copies of the

Award be sent to the Ministry of Labour and Employment, Government of India, New Delhi for information

and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1436.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k

esa] dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la- 01/2014) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 09-11-2022 dks izkIr gqvk FkkA

[सं. एल-22013/01/2022- आईआर(सी एम- II)]

रािेन्र ससंि, अवर सजचव

3138 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 26th December, 2022

S.O. 1436.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 01/2014) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 09.11.2022.

[No. L-22013/01/2022 - IR (CM-II)

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol

L. C. APPLICATION NO. 01 OF 2014

PARTIES: Sabi Bouri.

Vs.

General Manager, Pandaveswar Area, M/s. ECL and two others.

REPRESENTATIVES:

For the Management : Mr. P. K. Das, Learned Advocate.

For the Union/Workmen : Sabi Bouri, previously represented by

Mr. G. P. Mal, Learned Advocate.

INDUSTRY : Coal

STATE :

West Bengal

DATED :

28.10.2022

AWARD

1. Instant application under section 33 (c) (2) of the Industrial Dispute Act, 1947 was filed by Sabi Bouri,

wife of Late Sriram Bouri, deceased employee of Eastern Coalfields Limited, praying for payment of dues in

respect of enhanced Life Cover Scheme payable to her husband as per provision of NCWA-IX.

2. Brief fact of petitioner’s case is that Sriram Bouri, her husband was a permanent employee of the Eastern

Coalfields Limited and posted as a Security Guard at Jorekury Palasthai Kankartala Colliery under Pandaveswar

Area of Eastern Coalfields Limited, having U.M. No. 712039 and C.M.P.F. No. c/421453. The husband of the

petitioner died in harness on 14.11.2003 at Central Hospital, Kalla. The petitioner along with the death

certificate of her husband submitted an application to the Management of Eastern Coalfields Limited seeking

payment of the legal dues in respect of her husband. The petitioner received the C.M.P.F. dues with interest on

12.02.2009, gratuity to the tune of Rs.1,45,839.54/- (rupees one lac fortyfive thousand eight hundred thirtynine

and fiftyfour paise only) in 2006 and Rs.40,000/- (rupees forty thousand only) towards Life Cover Scheme on

21.10.2013 through cheque No. 703098 dated 17.10.2013. it is alleged that the Management intentionally

delayed the payment of Life Cover Scheme for a period of ten (10) years as a result she suffered immensely due

to such delayed payment. The contention of the petitioner is that National Coal Wage Agreement – IX (NCWA-

IX) came into effect from 01.02.2012 and as per the terms of NCWA-IX the petitioner is entitled to get

Rs.1,12,800/- (rupees one lac twelve thousand and eight hundred only) as her Life Cover Scheme instead of

Rs.40,000/- (rupees forty thousand). The petitioner is therefore entitled to receive an additional sum of

Rs.72,800/- (rupees seventytwo thousand eight hundred only).

3. The Management of Eastern Coalfields Limited in their written statement refuted the claim of the

petitioner and contended that the Company has already paid Rs.40,000/- (rupees forty thousand only) to Sabi

Bouri towards Life Cover Scheme in respect of Late Sriram Bouri as per clause 9.1.0 of NCWA-VII, which was

is force till 01.07.2011 and Sriram Bouri expired on 14.11.2003 while NCWA-VII was in force. It is urged that

the application filed by the wife of deceased Sriram Bouri is therefore liable to be rejected and the same does

not come under the scope of section 33 (c) (2) of Industrial Dispute Act, 1947.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3139

4. Mr. P. K. Das, learned advocate appeared on behalf of the Management of Eastern Coalfields Limited

drew my attention to clause 9.1.0 of NCWA-VII which relates to Life Cover Scheme and lays down “The

existing Life Cover Scheme will continue except that the amount to be paid in addition to the normal gratuity

shall be Rs.40,000/- w.e.f. 1.1.2005. However, those died before 1.1.2005 and if their dependents have not been

paid till date will also be paid at the above rate.”

5. It is submitted by learned advocate that Late Sriram Bouri, husband of the petitioner died on

14.11.2003 has already been paid Rs.40,000/- (rupees forty thousand only) towards Life Cover Scheme and she

would not be entitled to any further amount as per NCWA-IX.

6. No one represented the petitioner on 26.10.2022, the date fixed for argument. The terms of clause 9.1.0

of NCWA-VII which was valid and in force between 01.07.2001 to 30.06.2006, clearly laid down that the

additional amount payable as Life Cover Scheme would be Rs.40,000/- (rupees forty thousand only) and those

who died before 01.01.2005 and if the dependents were not paid till date would also be paid at the same rate.

The petitioner therefore was entitled to Rs.40,000/- (rupees forty thousand only) as she was covered by NCWA-

VII and not by the terms and condition of NCWA-IX.

7. The prayer of the petitioner for payment of additional amount of Rs.72,800/- (rupees seventytwo

thousand eight hundred only) towards Life Cover Scheme as per terms of NCWA-IX is therefore not tenable

and her application under section 33 (c) (2) of Industrial Dispute Act, 1947 is not maintainable and accordingly

the same is rejected.

ORDER

Let an Award be passed in view of the above discussion. Copies of the Award be sent to the Ministry

of Labour, Govt. of India, New Delhi under section 33 A (b) of Industrial Dispute Act, 1947 for information.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1437.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k

esa] dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV

(lanHkZ la- 02/2016) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 14-12-2022 dks izkIr gqvk

FkkA

[सं. एल-22012/63/2015-आईआर(सी एम-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1436.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 02/2016) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the Management of

E.C.L. and their workmen, received by the Central Government on 14.12.2022

[No. L-22012/63/2015 - IR(CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT: Shri Ananda Kumar Mukherjee, Presiding Officer,

C.G.I.T-cum-L.C., Asansol

3140 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

REFERENCE CASE No. 02 OF 2016

PARTIES: Kalachand Majhi.

Vs.

Management of Dhemomain Group of Mines of M/s. ECL.

REPRESENTATIVES:

For the Union/Workman: Mr. R. K. Tripathi, General Secretary, Koyala Mazdoor Congress.

For the Management:

Mr. P. K. Goswami, Learned Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

14.11.2022

AWARD

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/63/2015-IR(CM-II) dated 23.12.2015 has been pleased to refer the following dispute between the

employers, that is the Management of Dhemomain Group of Mines of M/s. Eastern Coalfields Limited and

Kalachand Majhi, dependent son of late Sh. Avilash Majhi, their ex-workman for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the Management in not providing employment to Shri Kalachand

Majhi, dependent son of late Sh. Avilash Majhi, is justified? If not, what relief the

dependent of ex-workman is entitled to?”

1. Having received Order No. L-22012/63/2015-IR(CM-II) dated 23.12.2015 from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 02 of 2016 was registered

on 08.01.2016 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along with relevant documents in support of their claims and a list of

witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. The case is fixed up today for appearance of Kalachand Majhi, the petitioner and for evidence on

behalf of the workman. The dispute referred for adjudication revolves round the question as to whether the

action of the Management in not providing employment to Kalachand Majhi, dependent son of late Avilash

Majhi, is justified? If not, what relief the dependent of ex-workman is entitled to. Management of M/s. Eastern

Coalfields Limited filed an examination-in-chief of Pronobesh Dasgupta, the Management Witness which is

kept with the record. Perused the contents of written statements filed by both parties.

3. Kalachand Majhi, dependent of the workman is not present. Mr. R. K. Tripathi, General Secretary,

Koyala Mazdoor Congress filed a petition before the Tribunal via Mr. Rakesh Kumar, President, Koyala

Mazdoor Congress wherein it is stated that the union discussed with the concerned dependent of the workman

but he is not interested to continue the case and prayed for dropping the proceeding. Copy served upon the

learned advocate of M/s. Eastern Coalfields Limited.

4. On considering the material in the case record and the fact that the petitioner is not eager to proceed

with his claim for appointment in place of his deceased father, I hold that “no dispute” exists between the

contending parties. Accordingly, a No Dispute Award be passed.

ORDERED

The Reference case is accordingly disposed of. A No Dispute Award is drawn up in respect of the

above Reference. Let copies of the Award be sent to the Ministry of Labour and Employment, Government of

India, New Delhi for information and notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3141

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1438.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सि–Je U;k;ky;] आसनसोल ds iapkV (lanHkZ

la- 02/2017) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 08-12-2022 dks izkIr gqvk FkkA

[सं. एल-22013/01/2022- आईआर(सी.एम- II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1438.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

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

cum-Labour Court, Asansolas shown in the Annexure, in the industrial dispute between the Management of

E.C.L.and their workmen, received by the Central Government on 08.12.2022.

[No. L-22013/01/2022 - IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

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

ASANSOL.

PRESENT : ShriAnanda Kumar Mukherjee, Presiding Officer

CGIT-cum-LC, Asansol

APPLICATION NO.02 OF 2017

PARTIES :LakhinderMajhi

V/s

Management of Dhemomain Colliery under Sodepur Area of M/s. ECL

REPRESENTATIVES :

For the Management of ECL:

Mr. P. K. Das, Learned Advocate

For the union (Workman): Mr. R. K. Tripathi, General Secretary, KoyalaMazdoor Congress

INDUSTRY:

COAL

STATE :

WEST BENGAL

Dated :

22.11.2022

AWARD

In exercise of powers conferred under sub-section 2 and 3 of section 2A of the Industrial

Dispute (amendment) Act, 2010 the petitioner LakhinderMajhi, UG Driller, UM No. 118621 of Dhemomain

Colliery has made an application directly before this Tribunal for adjudication of a dispute that he was

employed and posted at Dhemomain Colliery under Sodepur Area w.e.f. 23.06.1995 but could not attend his

duty from 06.02.2014 to 11.11.2014 due to his serious illness and was dismissed from service by an order dated

11.02.2016. It is contended by the petitioner that his dismissal by the Management of ECL is arbitrary and

violative of the Principle of Natural Justice. The petitioner in his application has prayed for his reinstatement

under M/s. ECL and also for payment of back wages.

Initially an application was made before the Conciliation Officer at Regional Labour

Commissioner’s (C) office. Asansol under section 2A of the Industrial Dispute Act, 2010. The Conciliation

Officer could not reach any settlement. A certificate has been issued by the Conciliation Officer on 07.09.2016

for the purpose of enabling the petitioner/union to approach Central Government Industrial Tribunal-cum-

Labour Court for adjudication of the dispute.

3142 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the Management of Dhemomain Colliery under Sodepur Area of

M/s. ECL is justified and legal in dismissing LakhinderMajhi from his service by an

order dated 11/02/2016. If not, to what relief, if any, the workman is entitled? ”

________

The Application under section 2A of the Industrial Dispute (Amendment) Act, 2010 was filed by the

petitioner on 01.05.2017 which is within three years from the date of his dismissal. The Application was

registered and Notices were issued to parties for hearing on the point of maintainability. On 23.01.2018 this

Tribunal held that the Application was maintainable and directed parties to file written statement. No written

statement has been filed by the opposite party. The case is fixed up today for filing written statement by M/s.

ECL.

Mr. R. K. Tripathi filed an application informing this Tribunal that LakhinderMajhi, the aggrieved

workman is not interested in continuing with this case and same may be dropped. Copy served upon learned

advocate for M/s. ECL. No evidence has been adduced in this case. In view of fact and circumstance, the

Application under 2A of the Industrial Dispute Act, 2010 is dismissed for non-prosecution. A no dispute award

be passed.

Hence,

ORDER

Let a No Dispute Award be passed due to non-prosecution of the case. Let copies of the samebesent to

the Ministry of Labour and Employment, Government of India, New Delhi for information and notification. The

Application is accordingly disposed of.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 26 दिसम्बर, 2022

का.आ. 1439.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj ई.सी.एल. 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 –सि–Je U;k;ky;] आसनसोल ds iapkV (lanHkZ

la- 19/2002) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 25-11-2022 dks izkIr gqvk FkkA

[सं. एल-22012/294/2001- आईआर(सी एम -II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 26th December, 2022

S.O. 1439.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 19/2002) of the Central Government Industrial Tribunal-

cum-Labour Court, Asansolas shown in the Annexure, in the industrial dispute between the Management of

E.C.L.and their workmen, received by the Central Government on 25.11.2022.

[No. L-22012/294/2001 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT.INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

ASANSOL

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3143

REFERENCECASENo. 19OF 2002

PARTIES: Sagar Kora.

Vs.

Management of Kajora Area Store of M/s. ECL.

REPRESENTATIVES:

For the Union/Workman: Mr. Rakesh Kumar, President, Koyala Mazdoor Congress

For the Management:

Mr. P. K. Das, Learned Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated: 15.11.2022

ORDER

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

of the Industrial Disputes Act, 1947 (14 of 1947), Govt. of India through the Ministry of Labour, vide its Order

No. L-22012/294/2001-IR(CM-II) dated 09.07.2002 has been pleased to refer the following dispute between

the employers, that is the Management of Kajora Area Store of M/s. Eastern Coalfields Limited and Sagar Kora,

the dependent son of their workman Late Khoru Kora for adjudication by this Tribunal.

SCHEDULE

“Whether the action of the management of Kajora Area Store of M/s.

Eastern Coalfields Ltd., in not providing employment to Sri Sagar Kora,

dependent of Late KhoruKora, Ex-Tyndal is legal and justified? If not, to

what relief is the said dependent of the workman entitled?”

1. On receiving Order No. L-22012/294/2001-IR(CM-II) dated 09.07.2002from the Govt. of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 19 of 2002was registered

on 18.07.2002 and an order was passed issuing notice to the parties through registered post, directing them to

appear and submit their written statements along withrelevant documents in support of their claims and a list of

witnesses. Both parties appeared before the Tribunal through their authorized representatives.

2. The case is fixed up today for hearing of argument. Mr. P. K. Das, learned advocate filed a fresh

Vokalatnama and appeared on behalf of the Management of Eastern Coalfields Limited. Mr. Rakesh Kumar,

President, Koyala Mazdoor Congress, representing the petitioner, the dependent son of Late KhoruKora, Ex-

Tyndal, submitted that SagarKora, the dependent son of Late Khoru Kora, who claimed employment as a

dependent in place of his deceased father has expired due to a road accident. It is submitted that legal heirs of

Khoru Kora, the deceased employee may be permitted to substitute themselves in place of Sagar Kora.

3. Perused the case record. Written statement has been filed by Mr. Rakesh Kumar as General Secretary,

Koyala Mazdoor Congress on behalf of Sagar Kora, petitioner and by Management of Eastern Coalfields

Limited. Sagar Kora adduced evidence and was cross-examined on behalf of Management. No Management

Witness has been examined.

4. The industrial dispute referred to this Tribunal for adjudication is whether the action of the

Management in not providing employment to Sagar Kora, dependent son of Late KhoruKora, Ex-Tyndal is

legal and justified and to what relief the dependent of the workman is entitled to. While this dispute was

pending for consideration of the Tribunal the reliefs of which are person specific, Sagar Kora expired due to a

road accident. Under such circumstances no fruitful purpose would be served by deciding the dispute

formulated. In the instant case other legal heirs of Late Khoru Kora cannot be substituted. In order to exercise

their claim for any relief, they should approach the Management of M/s. Eastern Coalfields Limited and place

their claim. On the other hand, as the right of Sagar Kora has not been established,the legal heirs of Sagar Kora

cannot step into his shoes by way of substitution. Accordingly, instant Reference case is disposed of on death of

Sagar Kora without determining the rights and liabilities of the parties.

ORDERED

The Reference is accordingly disposed of on the death of petitioner Sagar Kora. Let copies of the

Order in duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for

information and notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

3144 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 27 दिसम्बर, 2022

का.आ. 1440.—vkS|kSfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj dukZVdk cSad fya- izca/krarz 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 ,sukZdqye ds iapkV (lanHkZ la[;k ¼02@2015½ dks izdkf'kr djrh gS 1

[la- ,y-12025@01@2022&vkbZ vkj ¼ch&1½&15]

,- ds- ;kno] voj lfpo

New Delhi, the 27th December, 2022

S.O. 1440.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.02/2015) of the Cent. Govt. Indus.Tribunal-cum-Labour Court

Ernakulamas shown in the Annexure, in the industrial dispute between the management of Karnataka Bank Ltd

and their workmen.

[No. L-12025/01/2022– IR(B-1)-15]

A. K. YADAV, Under Secy.

ANNEXURE

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

ERNAKULAM

Present : Shri. V .VIJAYA KUMAR, B. Sc, LLM, Presiding Officer.

(Wednesday the 20th day of April 2022, 30 Caitra 1944)

ID No. 02/2015

Workman

:

Ms.Soana D.

“Annapoorna”

Thiruvangad P.O.

Thalassery - 670103

By Adv.C. Anil Kumar

Management

:

The Managing Director

Karnataka Bank Ltd

Post Box No.599, Mahaveera Circle

Kankanady

Mangaluru - 575002

By Adv.Raynold Fernandez

This case coming up for final hearing on 17.02.2020 and 14.05.2021 and this Tribunal-cum-Labour

Court on 20.04.2022 passed the following:

AWARD

1. This is an industrial dispute filed U/s 2(A)(2) of Industrial Disputes Act, 1947.

2. According to the worker, she joined the service of the Bank as Typist cum Clerk in 1994. From 26.03.2005

to 29.10.2010 the worker was working at Kanhangad branch. She was transferred to Kannur branch and

joined there on 01.11.2010. While working at Kannur branch, the worker was served with a charge sheet

cum suspension order dt.28.05.2011 alleging that

a. She clandestinely removed a bangle pledged to PSGL A/c No.5067 from the custody of the branch

and retained the same with her.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3145

b. She clandestinely removed a bangle pledged to PSGL A/c no.5069 from the custody of the branch

and retained the same with her.

c. In order to mislead the Bank, she kept one of her own old bangle in the place of the gold bangle

removed by her.

The worker denied the above allegations and submitted her explanation. Rejecting her contention, the

Disciplinary Authority initiated disciplinary proceedings appointing an Enquiry Officer to enquire into the

allegations against the worker. Though the worker was permitted to be represented by a lawyer in the enquiry,

the proceedings were not conducted in a fair and proper manner. Certain documents such as CCTV footage and

locker operating sheets which are essential to disprove the charges against the worker were not produced by the

Management inspite of repeated request for the same. There was no justification in declining production of the

documents especially when the worker had expressed her willingness to bear the expenditure. The CCTV

footage was available with the Bank at the time of investigation. The Enquiry Officer had not taken any steps to

verify the availability of the same. The purpose of seeking production of CCTV footage is to prove the manner

of operation of the currency chest and safe deposit locker of the branch which is under double lock system. The

non production of these materials caused substantial prejudice to the worker. The difference in weight and

description of the bangle which was the subject matter of disciplinary action was also omitted to be considered

by the Enquiry Officer. As per Exbt.M28 and M29, joint custodian key register, the worker was not a holder of

the joint custodian of keys after 18.05.2009 till she was transferred to Kannur branch. As per Head Office

Regular Inspection report, Exbt.D1 it is reported that no discrepancy is noticed in PSGL 5069 securities. As per

the Manual of Instructions, joint custodians are jointly responsible for the contents of the strong room. Hence

gold ornaments pledged to the Bank and which was kept in the strong room cannot be removed or replaced

without the knowledge of joint custodians. The Management failed to examine the complainant Sri.Jamal Abdul

Nazar or Sri.Krishna Bhat who investigated into the matter. None of the witnesses had deposed having seen the

worker committing the crime. The worker was not given a fair opportunity to defend her case. The Enquiry

Officer vide his report dt.26.02.2014 exonerated the worker from the allegations in respect of PSGL A/c

no.5067. With regard to PSGL A/c No.5069, the Enquiry Officer found the worker guilty on the ground of

probability and not based on any evidence. The Disciplinary Authority accepted the findings of the Enquiry

Officer and proposed the punishment of dismissal on the worker. The representation filed by the worker was not

considered by the Disciplinary Authority and issued an order dt.15.04.2014 imposing a punishment of dismissal

from service. The findings of the enquiry are totally perverse. There was no evidence against the worker. The

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

punishment of dismissal imposed on the worker is too harsh and disproportionate to the charges alleged and

proved against her.

3. The management filed written statement denying the above allegations. The worker were in

Kanhangad branch from 26.03.2005 to 29.10.2010. The incident leading to disciplinary action against the

worker happened between 31.07.2010 and 29.10.2010 while she was working in Kanhangad branch. Sri. Jamal

Abdul Nazar, one of the A/c holders of the Management Bank and a customer of Kanhangad branch pledged

gold ornaments against the PSGL A/c no.5067 dt.31.07.2010 for raising a loan of Rs.6.75 lakhs. The loan

application was processed by A.V.Sreeraj, Clerk and the gold ornaments were appraised by Sri.Babu C., the

Jewel Appraiser of the Bank. A sum of Rs.6.5 lakhs sanctioned as gold loan was transferred to SB A/c no.2996

of Sri. Jamal Abdul Nazar. The gold ornaments were kept in the strong room. Sri. Jamal Abdul Nazar pledged

some more gold ornaments against PSGL A/c no.5069 dt.05.08.2010 for raising a loan of Rs.7 lakhs. Rs.7

lakhs sanctioned as gold loan by the Branch Manager was transferred to SB A/c no.2996 of Sri.Jamal Abdul

Nazar. On 05.08.2010 Sri.Harilal A. the Branch Manager and Sri.Biju P. the Assistant Branch Manager were

the joint custodians 1 & 2 of the keys of the strong room. The gold ornaments were kept in the strong room after

completion of all formalities. On 03.02.2011 Sri.Jamal Abdul Nazar came to the Bank to close the gold loan

A/c no.PSGL 5069. The pledged gold ornaments were taken from the locker and after completing the

formalities the ornaments were handed over to the account holder. On 04.02.2011, Smt.Sheela an employee of

the borrower came to the branch and informed them that the family members of the borrower informed her that

one of the bangles returned to them was replaced and does not pertain to them. On 07.02.2011, Sri.Jamal Abdul

Nazar, the borrower came to the branch along with Smt.Sheela to close the gold loan A/c no.PSGL 5067. The

pledged gold ornaments were taken from the locker for returning to the borrower. While checking the number

of items in the gold loan pouch, the Asst.Manager noticed that one gold bangle was missing. As part of

verification Sri.Jamal Abdul Nazar was asked to bring back the entire gold ornaments returned to him on

03.02.2011. On enquiry by the Branch Manager, the employees of the Bank as well as Smt.Sheela the staff of

the borrower expressed the doubt that the worker was seen wearing the replaced bangle. Since the worker was

already transfered to Kannur, she was requested to come to Kanhagad branch on the next day to ascertain the

truth. The worker denied her involvement in the incident. However when the replaced bangle was shown, she

admitted that the bangle belonged to her. She agreed to take the responsibility for both the bangles and agreed

to make good the loss caused to the borrower. The borrower agreed to accept the current market value of the

3146 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

bangles. The worker promised to pay the said amount by prematurely closing two term deposits maintained by

her in the Kanhangad branch. She also issued a cheque bearing no.85082 drawn on her SB A/c no.1021 of

Kanhangad branch. The cheque was drawn by using a spare cheque leaf issued from the branch. However the

request for premature closure was not accepted by the Branch Manager because the originals of the term deposit

receipts were not readily available with the worker. The market value of two missing gold bangles were arrived

at Rs.94,242/-. The worker agreed to close two fixed deposits maintained by her at Kannur branch and transfer

the amount to her SB A/c in Kanhangad branch. On 10.02.2011, the worker closed her two fixed deposits at

Kannur branch and transferred the proceeds to her SB A/c no.1021 maintained in Kanhangad branch. The

Branch Manager got the cheque endorsed by Sri.Jamal Abdul Nazar to enable the debit to the SB account of

the worker to make the payment. In the meanwhile the worker changed her mind and informed the Branch

Manager not to encash the cheque as she is ready to make the payment in cash. The money credited in her

account in Kanhangad branch was transferred to her SB A/c No.7098 at Kannur. Since the worker was

changing her plan for payment of money frequently, the Branch Manager and Asst. Branch Manager visited

Kannur on 11.02.2011 and contacted the worker. The worker confessed the guilt and handed over Rs.94,240/-

to the Branch Manager. She also gave a letter confessing to the crime. Rs.94,240/- was handed over to Sri.Jamal

Abdul Nazar and he has acknowledged the receipt of the same. Though the worker was directed to collect her

gold bangle she did not do the same. During investigation by the Bank the worker confirmed having given the

confession statement and Rs.94,240/- in cash to the Manager. The management issued charge sheet calling for

her explanation. Since the explanation submitted by her was not convincing, the Disciplinary Authority ordered

an enquiry against the worker. In the enquiry, the worker was allowed to have the service of a lawyer, she was

afforded all the opportunities to defend the matter effectively and defend herself and give evidence on her

behalf. On conclusion of the enquiry, the Enquiry Officer found that the charges against the worker with regard

to replacement of her own gold bangle in security pouch of gold loan account of PSGL A/c no.5069 is proved.

However the Enquiry Officer found that the charge with regard to removing one gold bangle from the pouch in

PSGL A/c no.5067 is not proved. A copy of the report was forwarded to the worker. The worker submitted her

reply on 11.03.2014. After examining all the documents and the reply given by the worker, the Disciplinary

Authority accepted the findings of the Enquiry Officer. The Disciplinary Authority proposed a punishment of

dismissal from service and the same was communicated to the worker on 24.03.2014 and affording her an

opportunity for personal hearing on 08.04.2014. After considering all the above matters and evidence in the

enquiry, the Disciplinary Authority issued an order dt.15.04.2014 dismissing the worker from the service of the

management Bank. The appeal filed by the worker was also dismissed on 05.08.2014. The management

furnished adequate explanation to the Enquiry Officer for non production of CCTV footage and locker

operating sheet. These documents have no relevance in view of the confession given by the worker. The mere

fact that a bangle belonging to the worker was found among the pledged gold proves that she accessed the

pouch at some point of time. The worker betrayed the trust reposed in her by the officials in the branch. The

claim of the worker that she was not given a fair opportunity was denied by the Management. The management

also denied the fact that the worker succumbed to pressure because the joint custodians intimidated and

terrorized her. The Management also affirmed that the worker is guilty of gross misconduct and she even tried

to implicate her colleagues for a crime committed by her.

4. The worker filed rejoinder denying the allegations in the written statement. The allegations raised

against the worker is that she had removed/replaced gold ornaments from the gold pledged by the customer. As

per the banking procedure, all the pledged gold articles were kept under double lock system with two keys with

separate custodians. The worker was not a custodian of keys at the relevant point of time and had no access to

the place where the gold ornaments were kept. None of the witnesses examined by the Management could

explain how the worker could bypass the full proof system available at Kanhangad branch. The CCTV footage

and locker operating sheet were crucial for proving the charges against the worker and Enquiry Officer did not

take any step to make available those documents in the enquiry. The Enquiry Officer failed to appreciate the

relevance of Exbt. D1 enquiry report. No replacement or removal of gold ornaments in the strong room can

happen without the involvement of joint custodians. The management avoided examining crucial witness in the

enquiry. The worker was compelled to accept for a soft settlement on the basis of a threat given by the Branch

Manager and Asst. Branch Manager.

5. On completion of pleadings, the Enquiry Officer was examined as MW1 and the enquiry file is

marked as Exbt.M1

6. The issues to be decided in this industrial dispute are;

a. Whether the domestic enquiry conducted against the worker is fair and proper following the principles

of natural justice?

b. Whether the findings of the Enquiry Officer as well as the Disciplinary Authority is based on legal

evidence?

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3147

c. Whether the punishment awarded to the worker is proportionate to the charges proved against her?

d. Relief and cost ?

7. Issue No.1

As decided by the Counsels, the question whether the domestic enquiry was conducted in a fair and

proper manner was taken up as the preliminary issue. After hearing the Counsels and also perusing the

evidence of MW1 and Exbt.M1 this Tribunal vide order dt.16.12.2019 concluded that the enquiry was

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

8. Issue No.2

The charges levelled against the worker are;

1.

a.

She clandestinely removed a bangle pledged to PSGL A/c No.5067 from the custody of the Branch and

retained the same for herself.

b. She clandestinely removed a bangle pledged to PSGL A/c no.5069 from the custody of the Branch and

retained the same for herself.

c.

In order to mislead the officials of the Bank, she kept her gold bangle in the place of the gold bangle

clandestinely removed. On 11.02.2011 she gave a statement to the Branch Head of Kanhangad Branch

confessing the above misdeeds and reimbursed sum of Rs.94,240/- to Sri.Jamal Abdul Nazar towards

the cost of the two gold bangles.

2 (a).

The above acts of clandestinely removing the pledged gold bangle from the custody of the Branch amounts

to cheating and breach of trust. The same is an offence involving moral turpitude punishable under the

provisions of law as per Para 19.2 of the Bipartite Settlement. The said Act is prejudicial to the interest of the

Bank and constitutes gross misconduct as per Para 19.5(j) of the Bipartite Settlement.

b. Replacing the gold bangle with her own bangle amounts to cheating the Bank’s trust and an offence

under Para 19.2 of the Bipartite Settlement.

The charge sheet was issued to the worker vide order dt.28.05.2011. The Management thereafter appointed

an Enquiry Officer and Presenting Officer to conduct an enquiry into the alleged charges against the worker.

The Management allowed the worker to be represented by an Advocate.

9.

According to the learned Counsel for the worker, the pledged gold articles are kept in the strong

room. According to Exbt.D11 in the enquiry, there is a dual key system for the strong room and the strong

room can be accessed only with both the keys for which there are two different custodians. The worker was

not a custodian of the keys during the relevant point of time and therefore there is absolutely no possibility of

the worker accessing the strong room to remove the gold bangle as alleged and also to replace her own bangle

with that of the pledged gold bangle. According to the learned Counsel for the worker, the worker was

transferred from Kanhangad Branch of the Management Bank to the Kannur Branch on 29.10.2010 and she

joined at Kannur Branch on 01.11.2010. The worker was never a custodian of joint keys after 18.05.2009. As

per the allegations, the replacement/removal of bangles took place between 01.11.2010 to 02.02.2011. Since the

worker had already been transferred from Kanhangad Branch, she cannot be held responsible for any mistake

that happened with regard to the removal/replacement of gold ornaments.

10.

According to the learned Counsel for the Management, the worker had admitted her guilt vide

Exbt.M24. Further it was also argued that in Exbt.M2 dt.12.06.2011, the reply to the charge sheet, the worker

clearly admitted that she replaced gold bangle belongs to her. Hence the relevant evidences according to him

are the Exbt.M24 letter admitting the guilt and further, Exbt.M20 cheque issued by the worker for an amount

of Rs.94,240/- and later the admission by the worker and payment of the same amount in cash by the worker

to the Branch Manager being the cost of the two bangles lost by the customer. The learned Counsel for the

worker elaborately took this Tribunal through the contradictions in the evidence to point out that the finding

of the Enquiry Officer is not based on the evidence adduced during the enquiry. According to him, the worker

was relieved from Kanhangad Branch on 29.10.2011 and Gold Loan Account no.5069 was closed on

03.02.2011. As per Exbt.M17, the customer accepted the pledged gold without any objection regarding the

replacement of the gold bangle. He further pointed out that the customer has not made any complaint regarding

the replaced gold bangle or missing gold bangle from the pledged gold ornaments with the Bank. He also

pointed out that the Assistant Manager in his deposition held that the gold ornaments were kept in his drawer

3148 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

till evening. According to him the Exbt.M28 will prove the fact that the worker was not a joint custodian of

the strong room keys. The learned Counsel for the worker also pointed out that there is no agreement

regarding the weight of the gold pledged by the customer for the purpose of the gold loan. He pointed out the

difference in various documents and also in the complaint filed before the Police. He further elaborately

argued on the variation or conflict in the evidence of various witness. He pointed out that MW1 in his

deposition has clearly pointed out that there was no complaint from the customer regarding the loss

of/replacement of gold ornaments. MW1 also stated in his evidence that the worker confessed before the staff

members of Kanhangad Branch that she had taken/replaced the gold bangles. MW2 denied the above

statement of MW1. MW1 also stated in his deposition that he is not aware of the procedure regarding the

double key system of the strong room. The learned Counsel also pointed out that the Branch Manager failed

to inform the incident to Head Quarters and even the Assistant Manager, MW4 confirmed that he also failed to

report the incident to Head Quarters of the Bank in time. It was also pointed out that according to the MW4,

the Assistant Manager, the Branch Manager only negotiated a settlement with the worker and he was not

involved in the negotiations. According to MW4, the money towards the cost of lost/replaced bangles were

paid directly by the worker to the customer whereas the money was received by the Branch Manager and later

handed over to the customer at Kanhangad. The learned Counsel also pointed out that MW1, MW2, MW4

and MW5 are all interested witness as they were the joint custodians of the strong room keys at some point of

time. The learned Counsel for the worker pointed out that there was regular inspection of the Branch by the

Inspectors from the Head Quarters and in Exbt.D1 dt.31.10.2010 it was clearly pointed out that the security

pertaining to PSGL A/c no.5069 was checked and verified by the team of Inspectors and has not reported any

discrepancy during the inspection.

11.

After considering the evidence on record, the Enquiry Officer found that he is not in a position to

accept Exbt.M24 as a confession statement as there is no independent evidence to establish the fact that the

worker gave the statement voluntarily. The charge that the worker clandestinely removed a bangle pledged to

PSGLA/c no.5067 from the custody of the Bank and retained the same for herself is not proved. The charge

that the worker clandestinely removed a bangle pledged to PSGL A/c no.5069 from the custody of the Bank and

retained the same for herself and inorder to mislead the officials of the Bank, the worker kept her bangle in the

place of the gold bangle removed by her, is proved.

12.

The Disciplinary Authority accepted the finding of the Enquiry Officer. Therefore the first charge

against the worker is held to be not proved, whereas the second and third charges are held to be proved. The

Disciplinary Authority therefore proposed a punishment of dismissal of the worker. The Disciplinary

Authority forwarded the report of the Enquiry Officer to the worker for her comments on the same, provided

an opportunity to represent her case and confirmed the punishment of dismissal on the worker vide order

dt.15.04.2014. The appeal filed by the worker before the Appellate Authority was also dismissed.

13.

The defence taken by the worker in this case is that she lost two bangles from her personal locker

maintained at Kanhangad Branch of the Management Bank and one of the bangle is used to replace a gold

bangle in the pouch of PSGL A/c no.5069. The fact remains that worker never made a complaint regarding

the loss of bangles from her locker till 09.02.2011. In the absence of any evidence to the contrary, it is not

possible to accept the pleading of the worker that she lost her bangles from her locker maintained in

Kanhangad Branch and one of the bangles is used for replacement in PSGL A/c no.5069. Another case of the

worker is that she was forced to admit the misdeed under pressure by the Manager and the Assistant Manager.

It is seen that the confession statement given by her is not admitted by the Enquiry Officer. However the fact

remains that the worker issued Exbt.M20 cheque to the Bank Manager for an amount of Rs.94,240/-. Later

she stopped the payment of the cheque and handed over the equivallent amount to the Branch Manager. Hence

it is not possible to accept the claim of the worker that she acted under pressure and admitted the guilt. It is

also seen that the worker identified her bangle vide Exbt.M2 reply to the charge sheet dt.06.09.2011. In

Exbt.M2, it is stated that “I have been called at Kanhangad Branch on 08.02.2011 and Branch Manager told

me about the missing of gold ornaments pledged to the Bank and in one gold loan packet, my bangle is seen. I

was reallyshocked to hear the news as I was not in any way connected to the gold loans and how my bangle

came in the gold loan packet when they are under the custody of Bank’s joint custodians. Your instructions

contained in para (iv) have been noted. I had lost two gold bangles from safe deposit locker at Kanhangad

Branch. I suspect one of the staff had stolen it. Of this, now one bangle is utilized for replacing. Due to this, I

am now trapped. I don’t know what happened to the other bangle. Master key of the safe deposit locker also

were handled by staff at Kanhangad Branch whenever they want to open their safe deposit locker. This

irregular practice was prevailing at the Branch”. Though the worker succeeded in establishing the fact that she

never worked as joint custodian after 2009 and that the joint custodians are responsible for the safety of the

contents in the locker in the safe room and further that there is no proof regarding her involvement in the

alleged misconduct as there is no evidence to establish the replacement of the gold bangle by her, the

circumstantial evidence in this case points the needle of doubt towards the worker due to the evidence as

discussed above. The Apex Court in various judgments had considered the standard of proof required in a

domestic enquiry. It is a settled law that in a domestic enquiry, the strict and sophisticated rules of evidence

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3149

in India Evidence Act may not apply. All materials which are logically probative for prudent mind are

permissible in a disciplinary enquiry. The Hon'ble Supreme Court in State of Haryana and others Vs

Rattan Singh, 1977 AIR SC 1512 held that “ The simple point is, was there some evidence or was there no

evidence not in the sense of the technical rules governing regular court proceedings but in a fair common-sense

way as men of understanding and wordly wisdom will accept. Viewed in this way, sufficiency of evidence in

proof of the finding by a domestic tribunal is beyond scrutiny. Absence of any evidence in support of a finding

is certainly available for the court to look into because it amounts to an error of law apparent on the record”.

Applying the above test to the facts of the present case, it can be seen that there is adequate evidence to

establish the case of the Management that the worker replaced one gold bangle in the pouch of a customer

who pledged his gold, with her own gold bangle of lesser weight.

Hence I find that the finding of the Enquiry Officer and the Disciplinary Authority is supported by

legal evidence.

14. Issue No.3

According to the learned Counsel for the worker, the punishment of dismissal imposed on the worker is

too harsh and disproportionate to the charges alleged against her. The learned Counsel for the Management on

the other side pointed out that an official of the Bank who is dealing with public money is supposed to act with

honesty and integrity. Any misconduct alleged and proved against a Bank employee with regard to dishonesty

is to be viewed very seriously. According to him, the Management lost confidence in the worker and therefore

the punishment imposed on the worker by the Management is proportionate to the charges proved against her.

In Standard Chartered Bank Vs R. C. Srivastava, Civil Appeal no.6092/2021 the Hon'ble Supreme Court

considered the limit of the Industrial Tribunals to interfere with the punishment imposed by the Disciplinary

Authority. In the above case, the Disciplinary Authority after analyzing the evidence on record imposed a

penalty of dismissal from the service of the workman. The Tribunal set aside the order of dismissal from

service and directed the Management to reinstate the respondent workman in service with back wages. The

Hon'ble High Court dismissed the writ petition filed under Article 226 of the Constitution. The Hon'ble

Supreme Court after analyzing the fact of the case held that “ The decision of the Labour Court should not be

based on mere hypothesis. It cannot overturn the decision of the Management on ipse dixit. Its jurisdiction U/s

11A of the Act, 1947 although is a wide one but it must be judiciously exercised. Judicial discretion, it is trite,

cannot be exercised either whimsically or capriciously. It may scrutinize or analyze the evidence but what is

important is how it does so”. In the present case the worker is a Bank employee. As already pointed out,

there is evidence to substantiate the case of the Management that the worker replaced one of the bangles

produced by a customer as a security for gold loan, with her own bangle of lesser weight and that when the

issue was raised, she settled the issue with the customer and the Bank by paying the cost of the gold bangle.

Apart from the admission of the worker that the replaced gold bangle belong to her, all the witnesses deposed

in the enquiry that they saw the worker wearing the gold bangle which she replaced. The law in this regard is

settled by various decisions of the Hon'ble Supreme Court of India. In Chairman and Managing Director,

United Commercial Bank Vs P. C. Kakkar, 2003 4 SCC 364 the Hon'ble Supreme Court held that

“Para 14. A Bank Officer is required to exercise higher standards of honesty and integrity. He deals with

money of the depositors and customers. Every officer/employee of the Bank is required to take all possible

steps to protect the interest of the Bank and to discharge his duties with utmost integrity, honesty, devotion and

diligence and to do nothing which is unbecoming of a Bank officer. Good conduct and discipline are

inseparable from the functioning of every officer/employee of the Bank ”

In Regional Manager U.P.S.R.T.C.Vs Hoti Lal and another, 2003 3 SCC 605 the Hon'ble

Supreme Court held that “ If the charged employee holds a position of trust where honesty and integrity are

inbuilt requirements of functioning, it would not be proper to deal with matter leniently. Misconduct in such

cases has to be dealt with iron hands. Where the person deals with public money or is engaged in financial

transactions or acts in a fiduciary capacity, highest degree of integrity and trust-worthiness is a must and

unexceptionable “. In a recent decision Union of India and others Vs M. Duraisamy, AIR 2022 SC

2002 the Hon'ble Supreme Court examined whether the removal from service of employee on a proved

misconduct of serious nature of defrauding public money is required to be interfered by the higher Courts.

The Hon'ble Supreme Court after examining all the previous authorities held that “ Once a conscious

decision was taken by the Disciplinary Authority to remove an employee on the proved misconduct of a very

serious nature of defrauding public money, neither the Tribunal nor the High Court should have interfered with

the order of punishment imposed by the Disciplinary Authority, which was after considering the gravity and

seriousness of the misconduct ”. In another recent decision, State Bank of India Vs K. S. Vishwanath, AIR

2022 SC 2531 the Hon’ble Supreme Court examined its earlier decisions on the issue and held that “It is further

observed that if there is some evidence, that the authority entered with the duty to hold the enquiry has

accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the

3150 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

charge, it is not the function of the High Court in a petition under Article 226 of the Constitution of India to

review/re-appreciate the evidence and to arrive at an independent finding on the evidence “.

15.

In this case, it is already found that the Enquiry Officer conducted the enquiry in a fair and proper

manner following the principles of natural justice and the findings of the Enquiry Officer and the Disciplinary

Authority are on the basis of evidence and there is no perversity in the findings. The loss of confidence of

the Management is also a primary factor in such cases. In the present case, the worker is found to be guilty of

replacing a gold bangle provided by a customer for gold loan by her own gold bangle of lesser weight. There is

nothing wrong in the Bank losing confidence or faith in such an employee and awarding punishment. As

already pointed out, it is true that there is no direct evidence that the worker replaced the bangle, it is also true

that the joint custodians of keys are responsible for the safety of the materials kept in the strong room and the

worker was not the custodian of keys during the relevant point of time. However it is proved that the replaced

bangle belonged to the worker and she paid the value of the missing and replaced bangle to the customer. In

the absence of any proof otherwise, there is no reason to interfere with the finding of the Enquiry Officer and

Disciplinary Authority.

Hence I find that the punishment of dismissal awarded to the worker on proved charges is proportionate

to the charges proved against her. Hence the issue is decided in favour of the Management and against the

worker.

16. Issue no.4

It is found that the disciplinary enquiry was conducted against the worker in a fair and proper manner and there

is no perversity in the finding of the Enquiry Officer and also the Disciplinary Authority. It is also found that

the punishment of dismissal imposed on the worker is proportionate to the charges proved against her.

Hence the claim of the worker to reinstate her in the service of the Bank with full back wages, continuity

of service and with all other consequential benefits cannot be accepted and the same is rejected.

17.

Hence an award is passed holding that the disciplinary enquiry against the worker was conducted in a fair

and proper manner and also there is no perversity in the finding of the Enquiry Officer and also the Disciplinary

Authority. The punishment of dismissal of the worker is proportionate to the charges proved against her.

Hence the claim of the worker for reinstatement in the service of the Management Bank with consequential

benefits is rejected.

The award will come into force one month after its publication in the official Gazette.

V. VIJAYA KUMAR, Presiding Officer

APPENDIX

Witness for the Worker:-

Nil

Witness for the Management:-

MW1

-

Sri. B. H. Ramaprasad, dt.17.10.2016

Exhibits for the Worker:-

Nil

Exhibits for the Management:-

M1

-

Enquiry Report

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New Delhi, the 27th December, 2022

S.O. 1441.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.3/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3151

Hyderabad as shown in the Annexure, in the industrial dispute between the management of South Central

Railway and their workmen.

[No. L-12025/01/2022– IR(B-1)-14]

A. K. YADAV, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR, Presiding Officer

Dated the 11th day of November, 2022

INDUSTRIAL DISPUTE L.C.No. 3/2016

Between:

Sri Siya Ram Meena,

S/o GopalLal,

R/o Mathasula (V & P),

Jamwarambagh (Tahasil),

Jaipur (Dist.). Rajasthan-303109.

..….Workman

AND

1.

The Chief General Manager,

South Central Railways,

The Central Government of India,

Lalaguda, Secunderabad.

2.

The Senior Divisional Engineer/ Central,

South Central Railways,

Vijayawada, Andhra Pradesh.

3.

The Assistant Divisional Engineer,

ADEN/EE& DA, South Central Railway,

Eluru. Andhra Pradesh.

….Respondents

Appearances:

For the Workman

:

M/s. R. YogenderSingh, Advocates

For the Respondent

:

Sri W. Satyanarayana, Advocate

AWARD

Sri Siya Ram Meena who worked as Track Maintainer-IV (who will be referred to as workman) has

filed this petition under Section 2A(2) of the Industrial Disputes Act, 1947, against the Respondents seeking for

declaring his removal from service order No.SCR/P-EE/ 433/W3/SRM/DAR dated 12.6.2015 issued by the

Respondent as illegal, arbitrary and to set aside the same consequently directing the Respondent to reinstate the

Workman into service duly granting all the consequential benefits such as continuity of service, back wages and

all other attendant benefits etc., and such other reliefs as this court may deems fit.

2. The averments made in the petition by the Workman in brief are as follows:

It is submitted by the Workman that he was appointed as RRC selected candidate who was appointed as Track

Maintainer-IV with effect from 30.8.2013. While so, on sanctioned leave of 6 days he proceeded to his native

place from 17.3.2014 to 22.3.2014 with permission to avail rest on 23.3.2014. It is further submitted that a

lady by name Smt. SitadeviSaini has lodged a complaint in Police Station, JamwaRamgarh under FIR

No.87/2014 dated 22.3.2014 and that complaint was referred for adjudication under Cr. No.213/2014, before

the District Session Court, Jaipur. He was under judicial custody from 24.3.2014 to 8.12.2014, as a result of

which he failed to report to his duties. It is submitted that subsequently trial was conducted and the Workman

got acquittal from the case vide judgment dated 12.1.2015. He further submitted that after acquittal, he returned

to the place of his employment i.e., at Nuzived on 16.2.2015 and reported SSE/P.Way/NZD, who directed him

to attend before the ADEN/EE, Eluru. After attending before the SSE/P.Way/NZD, he extended a letter dated

25.2.2015 to ADEN/E.E uprising the facts of the case and sought for instructions to resume the employee for

duty. In the same letter it was so mentioned that, the employee was unable to attend for the departmental

3152 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

enquiry, because of his detention in the police custody and the charge was of unauthorized absence from

24.3.2014 to 10.11.2014 i.e., for 232 days. Then, the office of ADEN/E.E & DA has handed over two letters of

removal of the same date i.e., 12.6.2015 and the other letter shows that he is removed from service with effect

from 9.1.2015. It is submitted that the Workman submitted an appeal dated 1.7.2015 to the Respondent No.2

and it was not yet answered. Later, he submitted an application to the Assistant Labour Commissioner (C),

Hyderabad on 28.7.2015. It is further submitted that two removal orders were issued, one order says Workman

was removed from services with effect from 9.1.2015 and another order says that he was removed from

12.6.2015, which is arbitrary, illegal and violative of the law. The letter dated 25.2.2015 shows that Workman

did not attend the DAR enquiry so far, which means, as on that day the disciplinary proceedings were not

conducted. Instead of examining the delinquent, the Disciplinary Authority took and unilateral decision and

passed the impugned orders, which is violative of principles of natural justice and denial of reasonable

opportunity. It is also submitted that Respondent did not follow the procedure laid down while removing the

Workman from service, without issuing final show cause notice, before imposing the penalty of removal from

service. Further, it is submitted that Workman did not receive the show cause notice for alleged unauthorized

absence from duty. It is prayed to that this Hon’ble Court may be pleased to set aside the removal order(s)

No.SCR/P.E.E/433/W3/SRM/DAR dated 12.6.2015(two orders) wherein removal from service was shown as

9.1.2015 in one order and it was shown as 12.6.2015 in another, which is arbitrary, illegal and violative of Law,

duly reinstating the Workman into service with back wages and all other attendant benefits, and pass such other

orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

3.

The Respondents filed counter with averments in brief as follows:

It is submitted that the applicant was a Railway employee and was working as Track Maintainer-IV, under the

control of Senior Section Engineer, P.Way, Nuzvid before removal from Railway service. It is further submitted

that the applicant has to exhaust the channels available under the “Railway Service (Discipline and Appeal)

Rules, 1968” which are statutory in nature. Hence, the case is liable for dismissal in limine. It is submitted

that the post of Track Maintainer is coming under essential safety category in Railways for smooth functioning

of running of trains and public safety. In the absence of the employees in the safety categories, the safe

functioning of the Railway administration will be badly affected. It is submitted that the Workman was

appointed as Track Maintainer-IV to work under Senior Section Engineer (P.Way) at Nuzvid and joined at

Nuzvid on 30.8.2013. It is further submitted that the Workman was sanctioned leave from 17.3.2014 to

22.3.2014 with permission to avail his weekly rest on 23.3.2014. but the Workman remained unauthorizedly

absent from 24.3.2014 without any information to the Railway administration either from the Workman or

from his family members. It is submitted that accordingly, he was issued Standard Form No.5 dated

22.11.2014 under Rule.9 of Railway Servants (Discipline & Appeal) Rules, 1968 with article of charge i.e., the

Workman remained unauthorizedly absent from 1.1.2014 to 10.11.2014 (232 days) in different spells. The

same Standard Form No.5 was sent to the Workman’s residential address as recorded in the service register

thrice, which was available with the Railway Administration but the same were returned by the postal

authorities furnishing the reasons on the cover. It is submitted that the administration followed the principles

of natural justice and extended all reasonable and several opportunities to the applicant. The Workman was

given sufficient chances to explain the reasons for his unauthorized absence. He failed to attend the enquiry.

The Enquiry Officer submitted exparte enquiry report as the applicant did not respond. Finally the Workman

was removed from service w.e.f. 12.6.2015. It is further submitted that the contention of the Workman that he

was issued two removal orders is not correct. The first one was prepared with a typographical error and the

revised memorandum has been issued and the same was served to the Workman and the same was also

acknowledged by the Workman. The first one was not served to the Workman. But except the date of removal,

the letter number, date and contents of the two orders are one and the same. It is also submitted that the

Railway Administration was not informed the case of the Workman that he was involved in criminal case under

FIR 87/2014 dated 22.3.2014 vide crime No.213/2014 before the District Session Court, Jaipur and he was

under judicial custody from 24.3.2014 to 8.12.2014. The Workman was got acquitted vide judgement dated

12.1.2015. The applicant did not inform the Railways about his involvement in criminal case judicial custody.

In view of the above, the present application be dismissed.

4.

The Workman got examined himself as WW1, filed examination in chief reiterating the facts mentioned

in the petition. In support of his claim he filed photocopies of six documents which were marked as Ex.W1 to

EX.W6. Ex.W1 is the letter dated 25.2.2015 from SSE, SC Railways, Nuzvid, Ex.W2 is memorandum dated

12.6.2015(removal order), Ex.W3 is another memorandum dated 12.6.2015, Ex.W4 is appeal of Workman to

the Respondent dated 1.7.2015, Ex.W5 is order in CC No.213/2014 dated 12.1.2015 and Ex.W6 is application

of Workman to the Assistant Labour Commissioner (C) dated 28.7.2015. During the cross examination the

Workman agreed that he was under judicial custody upto 14.12.2014 and he was not enlarged on bail. He

further submitted in his cross examination that he informed his parents to communicate his absence to the

Department, but they failed to do so. In the cross examination he submitted that it is not correct to say that as

he has not informed his involvement in the criminal case and did not respond to the letters send by the office,

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3153

the Department has rightly removed him from service. It if further submitted that it is true that he is residing in

the same address which he had given to the office at the time of his joining.

5.

The Respondent management examined Sri G. Ramesh Babu, Sr.Clerk as MW1, who examined himself

reiterating the facts stated in counter statement. He further stated that the contention of the Workman as he was

issued two removal orders is not correct. The first one was prepared with a typographical error and the revised

memorandum has been issued and the same was served to the Workman and the same was also acknowledged

by the Workman. The first one was not served to the Workman. But, except the date of removal, the letter

number, date and contents of the two orders are one and the same. The mistake was happened in the

memorandum was purely typographical mistake. The Workman cannot take advantage of typographical

mistake. The applicant did not inform the Railways about his involvement in criminal case judicial custody. It

is submitted that the Workman was given sufficient chances to explain the reasons for his unauthorized absence.

He relied on 10 documents photocopies of which were marked as Ex.M1 to Ex.M10. Ex.M1 is the Standard

Form-5, charge sheet, Ex.M2 is the intimation of DAR inquiry fixed on 4th& 6th December, 2014, Ex.M3 is

letter addressed to workman to attend inquiry, Ex.M4 is the DAR inquiry report sent to workman by RPAD,

Ex.M5 is the memorandum of penalty, removal dated 12.6.2015, Ex.M6 is the DAR case of workman removal

from service, Ex.M7 is the letter addressed to ADEN/E.E by SSE.P.Way dated 25.2.2015, Ex.M8 is the appeal

made by the workman to SAR.DEN/BZA dated 1.7.2015, Ex.M9 is the letter calling for detailed remarks on

appeal from Sr.DEN to the concerned dated 29/30.7.2015, and Ex.M10 is the copy of judgement in criminal

case dated 12.1.2015. During the cross examination he stated on oath that the notice was served on the

workman but it was returned without service with an endorsement of the postal employees. It is true that the

impugned termination order was issued twice to the workman. The witness volunteers, due to some

typographical error the order was issued twice. He has further stated that it is true to suggest that the Workman

was in judicial custody from 24.3.2014 to 8.12.2014 and he was acquitted from the criminal charges and after

acquittal he made a representation dated 1.7.2015 to the Respondent management requesting them to set aside

the termination order dated 12.6.2015. It is not true to suggest that the Workman is entitled for reinstatement

into service.

6.

Heard. Written arguments has been filed by Workman as well as by the Respondent.

7.

It is argued by the Learned Counsel for the Workman that the Workman was not aware of the enquiry

conducted by Respondent management. While working as Track Maintainer he went on 6 days leave w.e.f.

17.3.2014 to 22.3.2014, and proceeded to his native place in Rajasthan State. Unfortunately, he was implicated

in criminal case bearing No. FIR.87/14 dated 2.2.2014 and this was adjudicated before the Hon’ble District

Sessions Judge, Jaipur under Cr. No.213/14 and he got acquitted vide order dated 12.1.2015. He further argued

that, during the above said period of Workman’s absence, Respondent management has contemplated

disciplinary proceedings for his absence on the ground of “unauthorized absence” and was concluded ex-parte

and an order of removal from service was issued. It is further argued that the management has issued two

removal orders in this case, one is of 12.6.2015, wherein removal date is 12.6.2015, and the other order shows

the removal date as 9.1.2015, creating confusion to the incumbent. He argued that though Workman has

submitted his appeal dated 1.7.2015 explaining the facts pertaining to his absence from the duties, there is not

response from Respondent authorities. Then, the Workman approached the Assistant Labour Commissioner

(C) vide application dated 28.7.2015, which was also not entertained. Consequently, he approached this

Tribunal for redressal of his grievance. Workman has cited the case law, Krushnakant B. Parmar Vs. Union of

India and another, JT 2012 (2) SC wherein the Apex Court held that, “ the unauthorized absence of the

employee- whether such absence amounts to lack of devotion of duty and is an unbecoming behaviour of a

Government servant as alleged. Held this question can be decided only after finding if the absence is willful or

because of compelling circumstances. If the reason is compelling circumstances beyond control of the

employee under which it was not possible to report or perform duty, employee is not guilty of failure of

devotion to duty.”

8.

The Learned Counsel for the Respondent argued that the Workman unauthorizedly absent after availing

leave from 17.3.2014 to 22.3.2014 with weekly rest on 23.3.2014 and there is no intimation from his family or

others also, as such he was issued with Standard Form No.5 dated 22.11.2014 under Rule 9 of Railway Servants

(Discipline & Appeal) Rules, 1968 with article of charge i.e., the Workman was remained unauthorized absent

from 1.1.2014 to 10.11.2014 (232) days in different spells. Though the Standard Form No.5 was sent to the

Workman’s residential address as recorded in the service register thrice which was available with the Railway

Administration but the same were returned by the postal authorities furnishing the reasons on the cover. It is

argued by the Learned Counsel for the Respondent that the Workman was given several opportunities but he did

not turn up even to the enquiry. In fact the Workman failed to inform the Respondent about his involvement in

the criminal case and judicial custody. It is further argued that the contention of the Workman that he was

issued two removal orders is not correct. The first one was prepared with a typographical error and the revised

memorandum has been issued and the same was served to the Workman and the same was also acknowledged

by the Workman. The first one was not served to the Workman. But except the date of removal, the letter

3154 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

number, date and contents of the two orders are one and the same. In view of the above, it is prayed that the

Petition be dismissed.

9.

Perused the written submission of the Learned Counsels for both the parties on going through the

pleading of both the parties. The following points emerges for consideration in the present case:

I)

Whether the action taken by Respondent in terminating the services of Workman/Applicant is

illegal, improper and against the provision of Law?

II)

Whether the enquiry conducted against the Workman by Respondent was unfair, improper and in

violation of principles of natural justice?

III) Whether Workman is entitled to relief of reinstatement?

IV) To what other relief the workman is entitled to?

10.

Point Nos. I & II: Since the Point No.1 &2 are inter-dependent on each other, therefore, being dealt

together. The Workman in his affidavit of evidence states that he was appointed as Track Maintainer-IV by

Respondent vide appointment order dated 30.8.2013 and he proceeded on a sanctioned leave for 6 days from

17.3.2014 to 23.3.2014. Further, he stated that during the leave period a complaint was lodged by one Smt. Sita

Devi Sain, against him which was registered at PS Jamwar, Ramgarh as FIR No.87/2014 dated 22.3.2014 and

in that crime case No.213/2014, the Workman was arrested and detained under judicial custody from 24.3.2014

to 8.12.2014. During his detention period the charge sheet was issued by the Respondent and he was unable to

receive the notice issued by them as he was detained in the judicial custody during the said period. It is said

that due to this, an ex-parte proceeding was conducted by the Respondent for his absence from duty and

punishment of removal from service was imposed vide order dated 12.6.2015.

11.

The Respondent witness MW1 states that the Workman was appointed as Track Maintainer-IV to work

under the SSE(P.Way) at Nuzivid and he went on leave from 17.3.2014 to 22.3.2014 with permission to avail

his weekly rest on 23.3.2014 but the Workman did not turn up for duties and remained unauthorizedly absent

from 24.3.2014 without any information to the Railway Administration. Further MW1 states that the

Workman was issued Standard Form No.5 dated 22.11.2014 under Rule 9 of Railway Servant (Discipline and

Appeal Rules), 1968 with Article of Charge, i.e., Workman remained unauthorized absent from 1.1.2014 to

10.11.2014 (232) days in different spells. Witness also stated that Standard Form No.5 was sent to the

Workman’s residential address as recorded in the service register thrice which was available with the Railway

Administration but the same were returned by the postal authorities furnishing the reasons on the cover. So the

Workman was given several opportunities, in fact applicant utterly failed to inform the Railway authorities

about his involvement in criminal case and detention in judicial custody and finally Workman was removed

from service w.e.f. 12.6.2015. The witness MW1 was cross examined by the Workman’s counsel. In the cross

examination the Respondent witness stated that notices were not served on workman but it was returned

without service with an endorsement on the postal covers. Further, he states that he do not know that at that

time the Workman was in judicial custody. The witness was up suggestion that Workman was in judicial

custody from 24.3.2014 to 8.12.2014 and he was acquitted from the criminal charge. It is also asked that after

acquittal he made a representation dated 1.7.2015 to the Respondent to set aside the termination order dated

12.6.2015. To that suggestion the witness agreed. Further witness states Workman is not entitled for

reinstatement into service. Respondent has also documentary evidence filed the copy of Form No.5 dated

22.11.2014, Ex.M1 and annexure to Standard Form No.5 is also filed wherein in the Article of charge is

mentioned regarding unauthorized absence of Workman from duty. Further the Standard Form No.7 dated

22.11.2014 is filed i.e., the order regarding appointment of Sri N.S. SrinivasaRao, SSE/P.Way/SW/E.E. The

document dated 23.11.2014, Ex.M2 is a correspondence of office of the Assistant Divisional Engineer wherein

it is mentioned that the SSE/P.Way/NZD is requested to advice the concerned employees the Workman ex.

employee as well as witness to appear before enquiry in time and arrange to relieve them on 4.12.2014 to

attend the enquiry without fail. The document Ex.M2 dated 23.11.2014 has also been filed to direct the

delinquent to appear before enquiry on 16.12.2014. The document Ex.M3 dated 18.12.2014 is also a notice

sent to Workman Sri Siya Ram Meena in a DAR enquiry and therein it is mentioned that it is third and final

summon notice. The delinquent was directed to appear before the enquiry on 6.1.2015 at ADEN/E.E office at

10.00hrs without fail. The paper Ex.M3 is the photocopy of the postal receipt which reflects that the notice

was sent by registered post to Workman Sri Siya Ram Meena at his given address, Jaipur on 20.12.2014.

Another document Ex.M4 dated 3.6.2015, pertains to sending DAR enquiry finding to Workman for giving his

representation by 18.6.2015. It was sent at the given address of Workman on 8.6.2015 by registered post of

which a receipt Ex.M4(2)is available on record. Ex.M4(3) is ex-parte enquiry report against the Workman Sri

Siya Ram Meena which was sent to Workman by post. The document Ex.M5 is Memorandum dated

12.6.2015 by which the authority has passed the impugned removal order of the Workman from services w.e.f.

12.6.2015. The document Ex.M6(1) is the remarks about the conduct of Workman by ADEN/E.E and further

the document at Ex.M6(2) is a remark approving Inquiry Report. Ex.M6(3) is the postal receipt dated

18.6.2015, by which order was sent to the addressee Workman Sri Siya Ram Meena. The document dated

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3155

25.2.2015 is the report Ex.M7 by Sr. Section Engineer(P.Way), SC Railways, Nuzvid sent to the ADEN/E.E,

Wherein it is mentioned that the Workman Sri Siya Ram Meena, Track Maintainer-IV was sanctioned leave,

reiterating the fact of unauthorized absence of Workman, and further it is mentioned that employee reported

and wanted to resume for duty on 16.2.2015 but he was directed to MS/E.E on 16.2.2015 for fitness. But the

Railway Doctor mentioned in the out patient ticket that the employee did not bring PMC hence, DFC could not

be given. Afterwards the employee submitted that he was indulged in criminal case during his leave period and

he was detained in custody. It is also mentioned in the document Ex.M7 that employee as well as SHO of PS

concerned did not inform the detention of Workman in the custody to the office within the time or till date.

Hence, the employee was issued SF-5 on dated 22.11.2014 vide ADEN/E.E memo No.SCR/P-

E,E/433/W3/SRM/DAR, dated 22.11.2014 due to his unauthorized absence from 24.3.2014 to 10.11.2014 i.e.,

232 days. But he did not attend the DAR enquiry so far. The document Ex.M8 is copy of appeal which has

been filed by the Workman against the penalty of removal from service. From the perusal of the aforesaid

documents it clearly reflected that the enquiry against the Workman was conducted by providing sufficient

opportunity to the Workman employee.

12.

Counsel for the Workman contended that when the notice in the DAR along with the Article of charge

was issued on 22.11.2014, the Workman delinquent was in judicial custody and he was not in a position to

attend/appear before the Enquiry Officer and the enquiry was conducted in his absence as ex-parte. It is not

disputed that on 22.11.2014 when the notice with Article of Charge was issued against the Workman in

inquiry, the Workman employee was in judicial custody. The Workman witness, WW1 deposed that he was

detained in judicial custody from 24.3.2014 to 8.12.2014 and he got acquittal vide judgement dated 12.1.2015.

The fact of detention in judicial custody was not intimated by the Workman to Respondent employer either

through his family members or advocate or by other means. Witness WW1 in cross examination states that,

“Though I have informed my parents to communicate my absence to the Department but my parents failed to

communicate it.” The explanation furnished by Workman witness for non-intimation about his involvement

and detention in criminal case is not acceptable in the present scenario because as per OM No.30/59/54-

Ests.(A) dated 25.2.1955, it was the duty of the Workman to communicate the fact of his arrest and detention to

Department without any delay, but he did not do it. As WW1 states that he told his parents to communicate

Department regarding his detention in judicial custody, then it was incumbent upon the Workman to examine

his parents in evidence to fortify his averment. But the Workman did not dare to examine them for the

reasons best known to him. The parents of the Workman would have been best evidence to explain the fact

that either Workman told them to communicate the fact of his detention to the Department and if so, why they

did not communicate to the Department. Therefore, the contention regarding explanation of the Workman for

non-intimation of fact of his detention in criminal case is not acceptable. As he did not produce the best

evidence i.e., his parents, therefore the presumption is raised against him in this regard.

13.

The another contention of the Workman is that the enquiry was conducted ex-parte while he was in

judicial custody and he could not receive the notice in that enquiry and could not put his defence. Admittedly,

the Workman did not inform the fact of his involvement and detention in judicial custody. In inquiry notices

were issued at the given address of employee which was available in the official record. As the Workman did

not inform about his detention and was absent from duty without intimation and permission, in such

circumstances the Respondent since not knowing the whereabouts of the Workman, therefore they have no

option except to issue notices in the DAR at the residential address of the Workman as recorded in the official

record. It is not the case of the Workman that the notices sent in the enquiry were not sent at his correct

address. When the Workman or his family members did not respond to that notices, and notice returned with

endorsement, the Respondent has no option except to proceed with the enquiry in the absence of Workman and

to pass the order accordingly.

14.

In Chairman-cum-M.D., Coal India Ltd., &Ors. Vs. AnantaSaha&Ors.in Civil Appeal No.2958 of 2011,

the Apex Court held,

“22. Similarly, we find no force in the submission made by the delinquent that he did not participate in

the disciplinary proceedings and did not make any comment on receiving the inquiry report along with the

second show cause notice as the notices had not been served upon him in accordance with law. The

second show cause notice and the copy of the inquiry report had been sent to him under registered post.

Therefore, there is a presumption in law, particularly, under Section 27 of the General Clauses Act, 1897

and Section 114 Illustration (f) of the Evidence Act, 1872 that the addressee has received the materials

sent by post (vide: Greater Mohali Area Development Authority &Ors. Vs. Manju Jain &Ors., AIR 2010

SC 3817). 23. In the instant case, proceedings were held ex-parte against the delinquent as he failed to

appear inspite of notice and such a course of the inquiry officer was justified (See: State of U.P. v. Sanroj

Kumar Sinha, AIR 2010 SC 3131). There is no averment by the delinquent that he did not receive the

said notice and the copy of the inquiry report.” Therefore, in view of the Law cited above, the

3156 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

contention of the Workman that he was not provided hearing opportunity and order was passed ex-parte

has no force and not acceptable.

15.

The Learned Counsel for the Workman has cited the law, Krushnakant B. Parmar Vs. Union of India

and another, JT 2012 (2) SC wherein the Apex Court held, “the unauthorized absence of the employee-

whether such absence amounts to lack of devotion of duty and is an unbecoming behaviour of a Government

servant as alleged. Held this question can be decided only after finding if the absence is willful or because of

compelling circumstances. If the reason is compelling circumstances beyond control of the employee under

which it was not possible to report or perform duty, employee is not guilty of failure of devotion to duty.

Unauthorized absence from duty – whether always amounts to misconduct. Disciplinary enquiry is required to

prove that the absence is willful. In absence of such finding, the absence will not amount to misconduct.”

16.

In view of the above cited Law, the counsel for Workman submitted that the Workman’s absence from

duty was under compelling circumstances since he was detained in judicial custody and it cannot be said a

willful absence from duty.

17.

In the present case the Workman was absent from duty due to his detention in judicial custody from

24.3.2014 to 8.12.2014 and on his acquittal from criminal case on 12.1.2015, he moved the representation to

the Respondent to join the duty on 16.2.2015. WW1 states that he remained in judicial custody from 24.3.2014

to 8.12.2014. There is no iota of explanation by Workman that between 8.12.2014 to 16.2.2015 why he did

not move representation to join the duty and why he did not intimate to Respondent. Thus, from 8.12.2014 to

16.2.2015 he did not join the duty without any reason and Workman maintained silence about his absence

during the said period. Therefore, it manifest from the conduct of Workman that he wanted to conceal the facts

of his detention from Respondent. Thus his absence from duty cannot be said under compelling circumstances

and his absence from duty in said period cannot be bonafide, his conduct reflects willful absence from duty

particularly from 8.12.2014 to 16.2.2015. As Workman willfully concealed the information about his

involvement and detention in criminal case and remained unauthorizedly absent from the duty without

intimation to Respondent during the period from 24.3.2014 to 8.12.2014 when he was in judicial custody, and

even from 8.12.2014 to 16.2.2015 when he was not in detention as stated by WW1. Therefore, Workman’s

contention that his absence from duty was not willful is not acceptable.

18.

Admittedly, the Workman was appointed as a Track Maintainer-IV, and as per submission of the

Respondent the post of Track Maintainer is coming under the essential safety category in railway for smooth

functioning of running of trains and public safety. In the absence of the employee in safety category, the safe

functioning of the railway administration will be badly affected. Therefore, the post of Track maintainer under

the Railways comes under the essential services and the delinquent Workman remained absent without prior

information or permission from duty. As discussed in the foregoing paragraphs, the enquiry against Workman

for his misconduct found to be just and fair.

19.

The Learned Counsel for the Workman advanced the arguments that although he was detained in

criminal case No.213/2014 State of Rajasthan Vs. Siya Ram Meena and others but vide order dated 12.1.2015

he has been acquitted from the criminal charge. On this very ground he is liable to be reinstated in the

employment.

20.

In South Central Railway Officers Association vs. Union of India 2009 SCC page 24 Apex Court held,

“Acquittal in criminal case by itself cannot be a ground for interfering with the order of punishment imposed

by the Disciplinary Authority.”

21.

In Moni Shankar Vs. Union of India 2008 SCC page 484, the Hon’ble Apex Court held, “The

departmental proceeding is a quasi-judicial one. Although the provisions of the Evidence Act are not applicable

in the said proceeding, principles of natural justice are required to be complied with. The courts exercising

power of judicial review are entitled to consider as to whether while inferring commission of misconduct on the

part of a delinquent officer relevant piece of evidence has been taken into consideration and irrelevant facts

have been excluded there from. The Tribunal was, thus, entitled to arrive at its own conclusion on the premise

that the evidence adduced by the Department, even if it is taken on its face value to be correct in its entirety,

meet the requirements of burden of proof, namely, preponderance of probability.” Therefore, in view of the law

laid down by Apex Court the contention of the Workman, that he has been acquitted from the criminal case,

and he is entitled for reinstatement, is not acceptable. Merely on this ground that he has acquitted from

criminal charge he cannot claim reinstatement because his acquittal in criminal case was for want of evidence

and not on merit. Moreover, the principle burden of proof in enquiry require preponderance of probability to

prove misconduct whereas in criminal case charge has to be proved beyond reasonable doubt. Hence,

submission of Workman in this regard is not acceptable.

22.

The Workman counsel contended that Respondent failed to follow the procedure laid down by law while

passing major penalty of his removal from service. They also failed to issue final show cause notice before

imposing the penalty of removal from service.

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3157

23.

From the perusal of the record, it reveals that the document Ex.M4 dated 3.6.2015 is the document of

DAR enquiry finding which was sent to delinquent Sri Siya Ram Meena by ADEN/E.E & DA through

registered post wherein it is mentioned that copy of finding is hereby handed over to you for giving your

representation by 18.6.2015, if not it will be deemed that you have nothing to say further. The said DAR

finding was sent by registered post vide Ex.M4(2) dated 6.6.2015, as the registered post receipt is available on

record. From the aforesaid document it goes to show that before passing the order of the major penalty of

removal from service of delinquent employee, the DAR enquiry finding was sent to him and the opportunity

was given to the delinquent for furnishing his representation by 18.6.2015. It is also note-worthy that the said

DAR enquiry finding was sent on 6.6.2015 when the Workman was not in any judicial custody and he was

having the sufficient opportunity to move the representation before the authority, but, he did not avail that

opportunity. Therefore, his contention that he was not provided any opportunity before inflicting the major

penalty is not acceptable.

24.

In State of Uttar Pradesh Vs. Omprakash Gupta SC 1970 page 679 the Apex Court held, “In an enquiry

against delinquent employee fair procedure should be followed i.e., (i) opportunity to the concerned officer to

deny his guilt and establish his innocence which means he must be told what the charges against him are and the

allegations on which such charges are based; (ii) he must be given reasonable opportunity to cross-examine the

witnesses produced against him and examine himself or other witnesses on his behalf and (iii) he must be given

opportunity to show cause that the proposed punishment would not be proper punishment to inflict which means

that the tentative determination of the competent authority to inflict one of the three punishments must be

communicated to him.

25.

Thus, from the perusal of the record, it goes to show that the copy of charge sheet was sent to the

Workman employee by registered post to deny his guilt and establish his innocence and he was told what

charges against him and allegation on which such charges are based and during enquiry proceeding the notices

were sent thrice to him and he was provided sufficient number of opportunity to cross examine the witness, but

despite having knowledge of pending enquiry against him he did not appear either himself or through

representation to avail the opportunity to cross examine. Thereafter, show cause notice was issued and sent to

his address on 3.6.2015 for the proposed punishment but he did not respond to the show cause notice too and

finally after providing the sufficient opportunity Respondent inflicted the punishment on Workman of his

removal from service by order dated 12.6.2015 as determined by the authority after adopting just and fair

procedure. Hence, the action taken by the Respondent in terminating the services of Workman/applicant is

legal, proper and according to provision of law.

26.

Workman also challenged his removal order dated 12.6.2015 on the ground that there are two removal

orders of same date. In one removal order dated 12.6.2015, the date of removal of the Workman from the

service is mentioned w.e.f. 9.1.2015, whereas in another removal order dated 12.6.2015, the date of removal is

mentioned w.e.f. 12.6.2015. The Workman contended that on this very ground his removal order is not valid.

In this regard the Respondent witness, MW1 states that first one order was by typographical error and the

revised memorandum was issued and the same was served on the Workman and the same was acknowledged

by the Workman. The first one was not served on the Workman. Further, witness said that except the date of

removal, the letter number, letter date, contents was one and same. Mistake so happened in the memo was

purely typographical mistake. The Workman cannot take advantage of the typographical mistake. The witness

MW1 was also cross examined on this aspect and he deposed that, it is true that the impugned termination

order was issued twice, but due to some typographical error, the order was issued twice. Thus, the Respondent

witness has reasonably explained in this regard, I find no force in the contention of Workman. Moreover, the

Respondent has filed the removal order dated 12.6.2015 wherein it is mentioned that Workman employee’s

services were terminated w.e.f. 12.6.2015 and that has been acknowledged by Workman Sri SiyaramMeena on

the same day i.e., 12.6.2015. Workman could not produce any such document which has been served upon

him acknowledged by him, in which his services were removed w.e.f. 9.1.2015. Therefore, the contention of

the Workman in this regard is not tenable.

27.

Therefore, in view of the above discussion, from the perusal of oral and documentary evidence adduced

by both parties, it is clear that the workman was absent from duty without any permission or information from

24.3.2014 to 16.2.2015 and fair procedure was adopted in the enquiry conducted against him. In the discussion

of fore going paragraphs it is concluded that the enquiry against the delinquent workman was conducted after

affording sufficient opportunity of hearing to him and there was no violation of principles of natural justice in

conducting the enquiry. Therefore, consequently the action taken by the Respondent in terminating the services

of the workman found to be legal and proper.

Therefore, Point Nos. I & II are answered accordingly.

28. Point Nos. III&IV :Both these point Nos. III & IV are related, as such dealt together. Admittedly, the

Workman was appointed as a Track Maintainer-IV, and as per submission of the Respondent the post of Track

Maintainer is coming under the essential safety category in railway for smooth functioning of running of trains

3158 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

and public safety. In the absence of the employee in safety category, the safe functioning of the railway

administration will be badly affected. Therefore, the post of Track maintainer under the Railways comes under

the essential services and the delinquent Workman remained absent without prior information or permission

from duty. As discussed in the foregoing paragraphs, the enquiry against Workman for his misconduct found

to be just and fair.

29.

On the other hand, Respondent counsel would submit that the application of the Workman is without

merit and be dismissed.

30.

In the Regional Manager, U.P.S.R.T.C., Vs. HotiLal & Anr., Civil Appeal No. 5984 of 2000 decided on

11.2.2003, the Apex Court held, “Court or Tribunal while dealing with the quantum of punishment has to record

reasons as to why it is felt that the punishment does not commensurate with the proved charges. As has been

highlighted in several cases to which reference has been made above, the scope for interference is very limited

and restricted to exceptional cases in the indicated circumstances.” In Muriadih Colliery Vs. Bihar Colliery

Kamgar Union (2005) 3 SCC page 331, the Hon’ble Apex Court held, “It is well established principle in Law,

that in a given circumstances it is open for the Industrial Tribunal acting u/s 11A of the ID Act, 1947 to

interfere with the punishment awarded with domestic inquiry for good and valid reasons. If the Tribunal decide

to interfere with such punishment awarded in domestic enquiry it should bear in mind the principle of

proportionality between the gravity of the offence and stringency of the punishment.”

31.

Since the enquiry conducted against the Workman is found to be just and proper as discussed in the

foregone paragraphs of the judgement, in view of the law laid down by the Apex Court, the Tribunal has

power to look into whether punishment inflicted upon the employee i.e., removal from service is commensurate

of his misconduct or whether punishment inflicted upon a Workman is disproportionate.

32.

As per the report of DAR, the misconduct committed by the Workman was that he remained absent from

duty unauthorizedly from 24.3.2014 to 8.12.2014 about 8 ½ months. The Respondent nowhere averred that due

to the absence of the Workman major loss has been occurred to the Department. Whereas the Workman

counsel contended that he is the sole bread earner of his family and he bears the his responsibilities of

maintaining of his old aged parents and younger brothers. His removal from the service may cause hardship not

only to him but also to the dependent members of his family. The Respondent did not cite any instance of

misconduct by workman in the past or inflictment of any kind of punishment upon except the present one.

Although the Workman was absent from duty due to his detention in the judicial custody but after being

acquitted from the criminal case he did not inform his the Department and did not move representation for

joining duty immediately. He is also guilty of violation of Government O.M i.e., G.I., M.H.A.,OM

No.30/59/54-Estt.(A) dated 25.2.1955 which reads:- “It shall be the duty of a Government servant who may be

arrested for any reasons to intimate the fact of his arrest and the circumstances connected therewith to his

official superior promptly even though he might have subsequently been released on bail. On receipt of the

information from the person concerned or from any other source, the departmental authorities should decide

whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the

part of any Government servant to so inform his official superiors will be regarded as suppression of material

information and will render him liable to disciplinary action on this ground alone, apart from the action that

may be called for on the outcome of the Police case against him.”

33.

In the present case the Workman has been posted as Track Maintainer-IV and he may not have been

aware of or remember the aforesaid OM regarding intimation of his arrest to employer immediately.

34.

Therefore, keeping in view the aforesaid circumstances, I hold that punishment inflicted upon the

Workman of his removal from service does not seems to be commensurate with the proved charge and it is

disproportionate to the lone misconduct. Thus, on considering the circumstances of the matter, the only

conclusion is that, the punishment imposed on Workman for the lone incident amounting to misconduct is

disproportionate and harsh. More so, when the criminal case against the Workman is ended in acquittal, the

imposed punishment resulted not only in huge financial loss, but also resulted in mental agony to him. Hence,

it is felt proper to interfere and modify it to a lesser punishment in exercise of powers conferred u/s 11A of the

Industrial Disputes Act, 1947.

35.

As regarding back wages Hon’ble Apex Court in Pepsu Road Transport Corporation Vs. Rawel Singh in

Civil Appeal No.1664 of 2008 dated on 29.2.2008, have held, “The question then remains with regard to

consequential benefits and payment of back wages. Once we hold, and we have already held, that the enquiry

could not be said to be contrary to law or in violation of principles of natural justice and fair play, it was the

duty of the Respondent –workman to cooperate with such enquiry and participate in disciplinary proceedings.

The workman failed to do so. In the circumstances, in our opinion, Corporation should not be asked to pay

back wages to the workman. Had the Respondent remained present at the enquiry proceedings, as appropriate

order could have been passed by Enquiry Officer after considering his case and after hearing him. There was

thus default and failure on the part of the workman himself which resulted in the situation which has arisen.”

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3159

36.

Similarly, the workman in this case despite being granted sufficient number of opportunities of hearing in

the enquiry, he did not avail of and enquiry of misconduct was decided against him. He failed to avail the

opportunity of appearing before the enquiry and moving his representation of defence. Therefore, in view of

the circumstances and law cited above, the Workman is not entitled for any back wages.

Thus, Point Nos. III & IV are answered accordingly.

ORDER

The application of the Workman u/s 2A(2) of the Industrial Disputes Act, 1947 be and same is answered

in favour of workman. In view of the finding rendered in preceding paragraphs, it is held that imposition of

punishment of his removal from service for a lone allegation and in absence of proof that he had been guilty of

misconduct in the past is illegal and liable to be set aside. The punishment imposed is thus modified and

Respondent is directed to notionally reinstate him in service from the date of his removal. However, he will

not be entitled for any back wages for the said period. Further, on notional reinstatement, two annual

increments shall be stopped with cumulative effect.

Send copy of award to Government of India for publication u/s 17 of Industrial Disputes Act, 1947.

Award is passed accordingly. Transmit.

Dictated to Smt. P. PhaniGowri, Personal Assistant transcribed by her corrected by me on this the 11th day

of November, 2022.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Workman

Respondent

WW1: Sri Siya Ram Meena

MW1: Sri G. Ramesh Babu

Documents marked for the Workman

Ex.W1: Copy of letter dated 25.2.2015 from SSE, SC Railways Nuzvid

Ex.W2: Copy of Memorandum dated 12.6.2015

Ex.W3: Copy of another Memorandum dated 12.6.2015

Ex.W4: Copy of appeal of WW1 dt. 1.7.2015

Ex.W5: Copy of order in CC No. 213/2014 dt. 12.1.2015

Ex.W6: Copy of appeal by WW1 to ALC(C) dt. 28.7.2015

Documents marked for the Respondent

Ex.M1: Copy of Standard Form No. 5, charge sheet

Ex.M2: Copy of letter of intimation reg. DAR inquiry

Ex.M3: Copy of letter of intimation reg. inquiry to WW1

Ex.M4: Copy of letter forwarding DAR inquiry report to WW1

Ex.M5: Copy of removal order dated 12.6.2015

Ex.M6: Copy of DAR case of workman (enquiry proceeding)

Ex.M7: Copy of lr. to ADEN/E.E by SSE. (P.Way) dt. 25.2.2015

Ex.M8: Copy of appeal by WW1 to SAR.DEN/BZA Dt. 1.7.2015

Ex.M9: Copy of Lr. from SR.DEN to ADEN/E/E dt. 29/20.7.2015

Ex.M10: Copy of order in criminal case No. 213/2014 dated 12.1.2015

नई दिल्ली, 28 दिसम्बर, 2022

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

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

3160 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k&lg&Je U;k;ky;] tcyiqj ds iapkV (lanHkZ la- 113/98) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 12-11-2022 dks izkIr gqvk FkkA

[la- ,y-22012@71@97-vkbZ- vkj- (lh-,e--II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 28th December, 2022

S.O. 1442.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 113/98) of the Central Government Industrial Tribunal-

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

S.E.C.L.and their workmen, received by the Central Government on 12/11/2022.

[No. L-22012/71/97–IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

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

JABALPUR

No. CGIT/LC/R/113/98

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

Shri N. L. Pandey

General Secretary

MPKMS(HMS)

PO south JKD Colliery,

District Surguja

…Workman

Versus

The Chief General Manager

SECL Hasdeo Area,

P.O. South Jhagarakhand Colliery,

District Surguja(M.P.)

…Management

AWARD

(Passed on 13-9-2022)

As per letter dated 11-6-1998 by the Government of India, Ministry of Labour, New Delhi, the reference

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

22012/71/97/IR(CM-II).The dispute under reference relates to:

“Whether the action of the management of SECL, Hasdeo Area in not regularising the

services of Shri Ram Sanehi S/o Puran Ex-Tub repairing mazdoor as per arbitration

award given by ShriBhave, Arbitrator dated 30-8-90 is justified?If not, what relief the

workman concerned is entitled to?” .”

1.

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

filed their respective statement of claim/defense.

2.

The case of the workman is mainly that he was working as a Tub Repairing Mazdoor in Malga Colliery of

Hasdeo Area. All the Tub Repairing workers were engaged through the so called contractors at HasdeoArea

were departmentalized as per ShriH.G.Bhave Award. The applicant workman was denied regularization by

Management of Hasdeo Area ignoring all the facts presented by him. He filed Misc. petition before Hon’ble

High Court of M.P.,Jabalpur M.P.No.614/92 which was finally disposed vide order dated 23-3-1992 with the

following direction:-

“We may say on the arguments advanced on behalf of the petitioner that it is not possible for us to

make any directions which may have the effect of modifying the directions that were given in the

Award(Annexure R-4). If anything favourable to the petitioner is therein mentioned, it will be open to

the petitioner to rely on those directions before the Regional Labour Commissioner at the time of

hearing his claim vis-à-vis any objection that will be raised before the respondent No.3”

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3161

3.

The applicant filed an application before the Regional Labour Commissioner with a copy of the order of

Hon’ble High Court. He took up the dispute for conciliation and the Management submitted its reply before

him. Thereafter, he sent a failure report to the Central Government which made the present reference to the

Tribunal for adjudication.

4.

The case of the management is mainly that the Award of Arbitrator ShriH.G.Bhave has been fully

complied with by the management. A Committee of Shri S.K. Mishra, the then Deputy General manager

HasdeoArea withVinod Kumar, Senior Executive Engineer, Malda Colony was constituted for verification of

the real applicants. The General Secretary of the Union submitted the list of 173 persons, one of which was the

applicant Ram Sanehi. One person claiming to be Ramsanehi appeared before the verification committee on

27-7-1991. He claimed that he was engaged by contractor Bhagwandas. The contractor Bhagwandas appeared

before the Committee and told the committee that the person claiming himself to be Ram Sanehi is not a

genuine person. He was never engaged by him nor did he work at Malga. The contractor deposed that Ram

Sanehi had worked for 15 days and he had left the job thereafter. But the person claiming himself to be Ram

Sanehi before the Verification Committee was not that Ram Sanehi who worked at magla Colliery. The General

Secretary of the Union was also present during the process of verification. The real Ram Sanehi never appeared

before the Verification Committee. The Management further pleaded that it was not aware of documents filed

by the applicant before the Regional labour Commissioner, hence not in a position to comment on those

documents. Accordingly the Management has prayed that the reference be answered against the applicant.

5.

Both the parties have filed oral and documentary evidence in this case, to be discussed as and when

required. I have heard arguments of learned Counsel Mr. R.C.Shrivastav for applicant and ShriA.K.Shashi,

learned Counsel for the management and have gone through the record.

6.

On perusal of record in the light of rival arguments, it comes out that Hon. High Court of M.P.had

directed the Regional Labour Commissioner to decide the claim of the applicant workman and the counter

claims in the light of the aforesaid award. The relevant portion of the order of Hon. High Court has been

reproduced earlier. Also it comes out from evidence on record that the workman appeared and filed his claim

/representation along with documents. The management also filed its response to the representation but to the

misfourtrune of the applicant the Regional Labour commissioner who was required and mandated by Hon. High

Court to decide the claim of the applicant workman made a reference to the Central Government regarding

failure of conciliation instead of deciding the claim of the applicant workman in the light of the directions of

Hon’ble High Court. Thus the Labour Commissioner totally misread the order of Hon’ble High Court and mis

directed the order of Hon.High Court and misdirected himself in sending a failure of conciliation report to the

Central Government. Another mistake was committed on the part of the Central Government to make a

reference to this Tribunal in ignorance of order of Hon’ble High Court of M.P.referred to above. The mistake

was on the part of the Bar and the Bench to proceed with the case for last 24 years. This mistake requires to be

corrected and in the light of these observations, the following directions are issued to the Regional Labour

Commissioner, Jabalpur:-

1. “The Regional Labour commissioner will decide the claim of applicant workman Ram Sanehi in

the light of directions of Hon’ble High Court mentioned earlier in this Award after giving the

applicant and the Management an opportunity of hearing preferably within 60 days from the date

of receipt of the Award by his office.

2. The applicant shall file a fresh representation asserting his claim alongwith all evidence and copy

of this Award before the Regional Labour Commissioner, Central, Jabalpur.

3. If the Regional Labour commissioner agrees with the claim of the applicant, he shall be entitled

to all the in service and post retiral benefits deeming him to be in continuous employment of

Management from the date of order of Hon’ble High Court passed in the aforesaid Misc. Petition.

4. No order as to costs.

8.

ON the basis of the directions mentioned above, the Reference stands answered accordingly.

9.

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

rules.

P. K. SRIVASTAVA, Presiding Officer

DATE : 13-9-2022

3162 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

ubZ fnYyh] 28 fnlEcj] 2022

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

ljdkj भारती ाद्य जनगम 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;] dkuiqj ds iapkV ¼lanHkZ la- 01/2020½

dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 30-11-2022 dks izkIr gqvk FkkA

[सं. एल. 22011/46/2019-आई.आर. (सी.एम.-II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 28th December, 2022

S. O. 1443.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 01/2020) of the Central Government Industrial Tribunal-

cum-Labour Court, Kanpur as shown in the Annexure, in the industrial dispute between the Management of

Food Corporation of India and their workmen, received by the Central Government on 30.11.2022.

[No. L-22011/46/2019 – IR (CM-II)]

RAJENDER SINGH, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KANPUR

PRESENT: SOMA SHEKHAR JENA, HJS (Retd.)

I.D. No. 01/2020

Ref. No. L-22011/46/2019 (IR(CM-II))

dated:13.01.2020

BETWEEN

Shri Binod Bhagat, Labour Mate FCI/FSD,

Gonda & President of the FCI,

Mazdoor Union Gonda, UP,

Region C/o D.P.S. Chauhan Adv.,

B-16, L Park Maha Nagar

Extension, Lucknow- 226006

AND

1. The General Manager,

FCI, Regional Office,

Vibhutikhannd, Gomti Nagar,

Lucknow– 226010

2. The Area Manager,

FCI, District Office,

Gonda (UP) -271001

AWARD

This award is delivered with reference to the Industrial Dispute referred to this Tribunal in notification

no. L-22011/46/2019 (IR(CM-II)) dated 13/01/2020 issued by the Government of India Ministry of Labour &

Employment as stated in the Schedule.

SCHEDULE

1. “Whether the action of the management of FCI, FSD, Gonda to terminate 676 workers

are illegal and violation of section 25(F) of Industrial Dispute Act, 1947 or not?

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3163

2. Whether the applicant along with 676 workers (500 workers mentioned in Annexure ‘A’

and 176 workers mentioned in Annexure ‘B’) are entitled to regularize? If, so to what relief

the concerned workers is entitled to?”

Applicant Binod Bhagat (hereinafter stated in short as the claimant) claiming to be a former

labour mate of FCI Food Storoge depot Gonda has submitted the statement of claim dated 19/02/2020

with averments which is concisely stated as below:

Food Corporation of India was established by Act of the Parliament known as Food Corporation

of India Act, 1965. Food Corporation of India (hereinafter stated in short as the FCI) is an industry.

It is averred that in the year 1996 the claimant and 675 were initially engaged in FCI Food Storage

Depot (hereinafter stated in short as the FSD) Gonda as contract labour. It is stated that Food Storage

Depot had never obtained labour licence for engaging sufficient number of workers as contract labour.

Initially the FCI was allowed to engage 40, 60 and 150 number of labourers but then FCI engaged

456 workers. It is submitted that in reality the FCI was engaging 456 workers in the FSD, Gonda

from 10/06/1996. It is stated that from 01/06/1998 to 30/06/1998 the FCI Gonda authorities had

withheld the salary of the workers. It is averred that subsequently FCI had issued valid identity cards

to the said 456 number of workers engaged in FCI FSD Gonda.

It is stated by the claimant that on 12/01/1999 the Asst. Labour Commissioner (Central), Lucknow in

course of inspection of the FSD, Gonda had reported that 434 workers were on duty and total

number of workers working in the FSD from 10/06/1996 was 456. It is averred by the claimant that

subsequently the workload of FSD, Gonda increased and 676 contract labourers were engaged. On

04/12/1999 the then District Manager FCI, Gonda was directed to ensure that only genuine labourers

who had earlier worked in the Depot were to be engaged. As per the list annex-2 in the WRIT

Petition 3783 of 1999 Ram Nath Singh was awarded the contract of day to day handling and

transport contract on day to day basis for compliance of the direction that of the Hon’ble Allahabad

High Court issued on dates 01/10/2002 and 01/11/2002. It is stated that subsequently on 23/05/2005 a

bipartite settlement was entered into by the FCI with representative of the workman namely Sadhu

Chauhan in which it was agreed that the petitioners of WRIT Petition No. 3783 of 1999 and WRIT

Petition No. 4170 of 1999 shall be engaged under no work no pay system. The Depot Manager,

Gonda had issued a letter dated 24/05/2005 acknowledging the joining of the workmen. Against the

said settlement dated 23/05/2005 a petition was preferred before the Hon’ble Supreme Court which

was dismissed as devoid of merit. It is averred that the no work no pay continued till 2010 when the

central Government issued a notification dated 23/04/2010 prohibiting engagement of contract labourers

in the process of loading, unloading, distaking, sweeping and cleaning in the FSD. The claimants and

other workmen were illegally retrenched on 18/05/2010 employed under no work no pay system. It is

averred that the workload in FSD, Gonda was in existence for which order dated 09/06/2010 was

issued to manage the workload with the surplus workmen employed under direct payment system from

other Depot. It is specifically pleaded that by one fax message dated 27/07/2011 issued by the Area

Manager, he had informed the D.G.M. Legal, FCI North Zone that only labourers under direct

payment system were working. It is stated that 245 workers were recruited by the FCI against the

recommendation made by one Mehrotra Committee. It is averred by the claimant that the work done

by the claimant and other 675 workers was perennial in nature. There existed employer-employee

relationship between the FCI and the claimant and the other 675 contract workmen. Stating as above

the claimants have prayed for regularization of their services and for a direction for payment of back

wages and arrears.

Against the statement of claim submitted by the claimant written statement was filed by the

O.P. with averments which are summarized as stated below:

Prior to the notification dated 23/04/2010 the entire handling work in the FSD, Gonda was

performed by contract labourers appointed by the contractors depending upon operational requirements.

There was no legal obligation upon the O.P.s to absorb contract labour into their employment. It is

further submitted that one circular was issued by the FCI New Delhi that those contract labourers who

had worked for three years preceding 23/04/2010 after verification of the their fitness may be engaged

on no work no pay system. It is pleaded on behalf of the O.P.s that the so called settlement dated

23/05/2005 was not a legally valid settlement and K.M. Dubey was not vested with authority to enter

into settlement on behalf of the FCI. It is specifically averred that neither claimant Binod Bhagat nor

other 675 claimants had ever worked in the Depot FSD and after prohibition of contract labour system

w.e.f. 23/04/2010 no right accrued in favour of the claimants for engagement on no work no pay

system by the F.C.I. It is specifically pleaded that after issuance of the notification dated 23/04/2010

abolishing contract labour 222 labourers who had worked for three years preceding the issuance of

notification dated 23/04/2010 have been regularized under no work no pay system at FSD, Gonda. As

3164 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

the nature of work of the FSD cannot be stopped in view of the general interest of the public the

labourers on direct payment system at FSD, Barabanki were transferred to conduct the daily operation

at FSD, Gonda during the period intervening 23/04/2010 and induction of labourers on no work no

pay system.

It is averred by the O.P. side that there was no employer-employee relationship between the

FCI and the claimants and the claimants were engaged by the contractors who supervised their work

and controlled them. It is further stated that issuance of Identity Cards was done in collusion with the

claimants. The officer issuing the Identity Cards had not been conferred authority to issue identity

cards or to enter into agreements. Stating as above the O.P.s have submitted for rejection of the

claims of the claimants.

In the rejoinder the claimant has reiterated substance of his averments made in the statement

of claim.

The points for determination to be answered for proper adjudication of this Industrial Disputes are

as follows:

1. Whether the 676 persons who were the petitioners in this proceeding were actually engaged as

contract labour in the FCI Depot, Gonda in lawful manner.

2. Whether the claimants petitioners are legally entitled to be absorbed in the FSD, Gonda of

F.C.I.

Point No. 1. It has been submitted on behalf of claimant Binod Bhagat that the claimants petitioners

numbering 676 were issued identity cards for their engagement in the FCI Food Storage Depot, Gonda

by the depot officer on 10/06/1996. In support of such claim claimant Binod Bhagat has referred to

the list submitted by him from page no. 8 to 96. It is further submitted by claimant Binod Bhagat

that contractor Shiv Pujan Singh had paid wages last time to 456 petitioners of the WRIT Petition

No. 3783 of 1999 and 4170 of 1999 for the period from 01/06/1998 up to 30/06/1998 duly verified

by the depot officers of the food storage depot Gonda. Claimant Binod Bhagat has referred to

payment sheet in respect 456 workers as stated in the papers page no. 148 to 206. It is submitted by

Binod Bhagat claiming to be authorized representative of the other claimants numbering 675 that

contractor Ranjan Kumar Singh was appointed as handling and transport contractors for two years from

01/04/1996 up to 31/03/1998. A clarification on behalf of the Binod Bhagat is submitted stating that

Ranjan Kumar Singh had obtained labour lincence for engaging 60 persons but in reality work was

being taken from 456 workers. It is vehemently submitted on behalf Binod Bhagat and the other

claimant that the contract effected between FCI Food Storage Depot, Gonda and the contractors Ranjan

Kumar Singh was a mere camouflage and there was master servant relationship between FCI, Gonda

and the present claimant petitioners. It is vehemently submitted on behalf of the claimants petitioners

that on 04/12/1999 the then District Manager FCI Gonda had issued a fax message to the General

Manager FCI, Lucknow stating that the petitioners of WRIT Petition No. 3783 of 1999 were genuine

workers and were allowed to be engaged in the work of FCI, Gonda. In support of the stand of the

claimants petitioners the investigation report dated 31/01/2000 submitted by a committee consisting of

three Class I officers of the F.C.I. to the Regional Office at Lucknow has been relied. It is stated that

the FCI authority and the contractor were in connivance and they cheated the labourers by not paying

their wages from July, 1998 to August, 1999. The claimants petitioners have relied on the bipartite

settlement dated 23/05/2005 between the General Manager FCI, Lucknow and the petitioners namely

Devendra Kumar and others. Though such claims have been made by the claimants petitioners as

stated above Binod Bhagat while under cross-examination has deposed before this Tribunal that he has

not filed any documents showing engagement of 676 labourers petitioners in the FCI, Gonda and that

he is unable to point out particular documents showing engagement of the claimants petitioners namely

676 and payment of wages this witness Binod Bhagat had admitted before this Tribunal that he did

not know as to who had procured the documents with page no.s 149 onwards up to 158. To further

cross-examination Binod Bhagat (witness) has admitted that he was not aware in 2005 no work no

pay system was in vogue in FCI, Gonda. As per his deposition he is not sure as to who was the

custodian of the papers with paging 229 up to 258 and who had obtained the papers 229 up to 258

containing the list of the workers filed by him. The above deposition made by witness Binod Bhagat

claiming to be a leading representative of the claimants petitioners rather weakens the claim of the

petitioners that they were actually engaged as workers in FCI, Gonda in lawful manner as contract

labourers. It is highly doubtful that in the depot for which licence to engage 60 workers was issued

676 workers exceeding 10 times of the number of permitted workers would be legally engaged in the

FCI Depot Gonda. From the deposition of Binod Bhagat as discussed above it is otherwise clear that

the documents of doubtful origin and questionable source have been filed by the claimants petitioners

and with the aforesaid documents of doubtful authenticity it cannot be concluded that the claimants

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3165

petitioners were actually working in FCI Depot Gonda up to the time period 23/04/2010 i.e. the date

on which the notification for abolition contract labour was issued or till 17/05/2010. Once the

claimants fail to establish that they were genuine workers working in the Food Storage Depot of FCI,

Gonda the stand that contract was camouflage can hardly bolster their claim for absorption for

regularization. At this point it appears pertinent to state that on behalf of O.P. FCI it has been

vehemently submitted that the depot officer was not vested with authority to vouch identity card in

respect of the workers. It is submitted that the depot officer was not vested with authority to enter

into settlement on behalf of the FCI. The aforesaid stand of the FCI has not been negatived by the

claimants petitioners with cogent evidence. In such scenario it can be otherwise concluded that the so

called settlement dated 24/05/2005 can hardly be accepted as any lawful settlement.

Before this Tribunal it has been contended on behalf of the claimant petitioners that the bipartite

settlement dated 23/05/2005 was effected for the purpose of compliance of the order dated 01/10/2002

and 01/11/2002 of the Hon’ble Allahabad High Court, Lucknow Bench. It is submitted that by order

dated 15/12/2008 the bipartite settlement dated 23/05/2005 was confirmed by the Hon’ble Supreme

Court. It is further contended that an affidavit was filed by the then Area Manager FCI Shri Suresh

Mishra in Special Appeal No. 14 of 2009 stating that the 676 workers who were petitioners in WRIT

Petition No. 3786 of 1999 and in WRIT Petition No. 4170 of 1999 were genuine workers and their

EPF were duly deposited by day to day contractor Shri Ram Nath Singh in FCI EPF account

no. 6150 in SBI, Gonda for the month of May, 2005 to 30/07/2005. It is further submitted that the

Regional Labour Commissioner Central, Lucknow has cancelled the licence of M/s Vaibhav. At this

point it appears pertinent to state that the claimant petitioners have not mentioned any reason with

regard to cancellation of the licence issued to M/s Vaibhav by Regional Labour Commissioner Central,

Lucknow. Attention of this Tribunal was drawn to internal communication of FCI that the Area

Manager, FCI, Gonda in letter dated 22/11/2011 issued by the Deputy General Manager Legal of

Zonal Office FCI, Noida to the Executive Directors Head Quarters, FCI New Delhi against fake

recruitment of 245 workers instead of the petitioners of the WRIT Petition No. 3783 of 1999 and

WRIT Petition No. 4170 of 1999. The Deputy General Manager Legal (North) might have written a

letter dated 22/11/2011 in which he had mentioned the recruitment of 245 workers was against the

judgment and against the recommendations made by the Mehrotra Committee but the same cannot be

read as strong evidence in support of the claimant and 675 other claimants that they were genuine

workers. At this point it appears pertinent to state that the internal communication within the official

circle of the FCI cannot be read as substantive evidence for establishing the claims of the claimants

that they were actually working in the FCI Food Storage Depot, Gonda as contract labour. Merely

because the CMD of FCI had exonerated Shri S.P. Panigrahi from the charges levelled against him it

cannot be concluded that the claimants were genuine workers. Answer to point no.1 goes against the

claimant.

Point No. 2. The phraseology no work no pay prima facie indicates that the engagement of the labourers

on work no pay was to meet temporary requirement of work. From the discussions in the forgoing

paragraph it has been concluded that the claimants have failed to prove that they were the genuine

workers working as contract labour in the FSD, Gonda. At this point for the sake of clarity it can be

stated here that contract labour has never been completely prohibited under any legal provision.

Though the claimants claim that they were doing the work in the FSD, Gonda which was perennial in

nature such claim of the claimants is found to be highly doubtful. It cannot be brushed aside that

later after disengagement of the contract labourers 222 workers were engaged in FSD, Gonda. It is

pleaded by the O.P. that only those workers who were found to have worked for three years

preceding to issuance of the notification dated 23/04/2010 were allowed to work. The term no work

no pay prima facie speaks that the job was never perennial in nature. The events of 2005 or of 2010

at FSD Gonda cannot be logically relegated to the current times. Actual capacity of the FSD Gonda

and actual necessity of labour force have not been proved to the satisfaction of this Tribunal by any

side with strong evidence. There appears no occasion to pierce the veil and to hold that the

engagement of contract labour as claimed by the claimants was act of camouflage. Since the claimants

as per their claims were engaged on no work no pay system they are not legally entitled to be

absorbed in permanent vacancies with reinstatement with payment of back wages. It is doubtful the

claimant who is not office bearer of any registered Trade Union can legally raise the industrial dispute

of the instant case. In such scenario it can be logically concluded that the claim of the claimants for

absorption of 676 labourers in the FCI is unsustainable in eye of law and negative award is passed

against the claimant.

Since the claimants side and the O.P. side have relied on prevaricating stand and incoherent

materials during course of hearing they are left to bear their respective costs.

SOMA SHEKHAR JENA, Presiding Officer

3166 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

नई दिल्ली, 28 दिसम्बर, 2022

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

dsUnzh; ljdkj Hkkjrh; [kk| fuxe 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;] dkuiqj ds iapkV

¼lanHkZ la- 29/2020½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 15-11-2022 dks izkIr gqvk FkkA

[la- ,y-22012@2@2020-vkbZ- vkj- (lh-,e--II)]

रािेन्र ससंि, अवर सजचव

New Delhi, the 28th December, 2022

S. O. 1444.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 29/2020) of the Central Government Industrial Tribunal-

cum-Labour Court, Kanpuras shown in the Annexure, in the industrial dispute between the Management of

Food Corporation of Indiaand their workmen, received by the Central Government on 15/11/2022.

[No. L-22011/2/2020 –IR (CM-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. 29 of 2020

No. L-22011/2/2020-IR(CM-II) dated 31.07.2020

BETWEEN

Shri Putti Lal S/o Late Golalodh,

Shri Manish Pal, Advocate, 82/23-C,

Gurugovind Singh Marg,

Lucknow-226004

AND

1. The General Manager (U.P),

Food Corporation of India,

Regional Office, TC/3V,

VibhutiKhand, Gomti Nagar,

Lucknow-226010

2. The Executive Director,

Food Corporation of India,

Zonal Office (North), A-2A,

2B, Sector-24 Gautum Budh Nagar,

Noida(U.P)-221301

AWARD

This award arises in respect of the reference mentioned in the schedule stated below as received from

the Government of India, Ministry of Labour in letter no. L-22011/2/2020-IR(CM-II) dated 31.07.2020

SCHEDULE

1. ‘Whether the claim arises due to denial of weekly off payment to the casual labour

Shri Putti Lal by the management of FCI, Lucknow in mid of the employment i.e. w.e.f

January, 2014 is justified in the eye of law or not?’

2. If yes, what relief the concerned workman is entitled to?

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3167

The averments made by claimant workman are concisely stated as here-in-after:- Individual workman

Putti Lal stating to be ex-casual labourer of food storage depot, Talkatora of food Corporation of India claims

that from 1976 he was working as casual labourer under O.P No. 3 (Area Manager now known as Divisional

Manager, Food Corporation of India) upto 31.12.2019. In the year 1989 O.P NO.3 terminated the service of the

claimant applicant without giving any notice. Earlier he had raised Industrial Dispute registered as ID case

no. 17/1987 before the CGIT-cum-Labour Court, Kanpur. When the said dispute was subjudice on 01.12.1989

settlement was arrived at between BhartiyaKhadyaMazdoorSangh and F.C.I management with following terms

of settlement:-

1. that the workman will be engaged on the same status which He/She was having at the time of

disengagement.

2. Intervening period (between date of disengagement re-engagement) will be regularized for the

purpose of terminal benefits but no wages shall be paid for this period.

In accordance with aforesaid settlement the applicant after joining was paid wages but the wages were

less than the amount stated in the notification issued by state government and centre government. It is stated by

the applicant that for the period from Jan 2014 without any notice O.P No.3 deducted payment of wages for

weekly off day and paid holidays. It is stated by applicant that the aforesaid stoppage of payment for weekly off

days and paid holidays amounted to gross deviation from the settlement dated 01.12.1989. Applicant has prayed

for direction to FCI management to release the wages for weekly off days as stated in calculation sheet.

At initial stage on behalf of O.P FCI serious objection was raised with regard to maintainability of this

Industrial dispute not raised by registered union. Heard the parties. On behalf of applicant case law pronounced

by Hon’ble Allahabad High Court in C.M.W.P No. 3842 of 1977 February 25, 1992 between The ELGIN

MILLS CO. LTD. and LABOUR COURT II and others. In the aforesaid case law it has been held by the

Hon’ble Allahabad High Court in the following words:-

“when a matter is being decided by this Court on an award which was given 16 years ago in favour of

a workman and further on a petition which has been pending since long, substantial justice will be

done by the High Court and an employer will not be permitted to defeat the rights of a workman, who

has an award in his favour on a technicality.”

The aforesaid observation does appear to have been rendered with reference to special circumstances

of the said case. It may be correct that one settlement dated 01.12.1989 as found in annexure I might have been

arrived at with the terms and conditions stated there in but it is doubtful if one ex-casual workman can raise the

instant industrial industrial dispute. While disposing of WRIT C NO. 33348 of 2016 it has been observed by

Hon’ble Allahabad High Court in order dated 22.08.2021:-

“Once the Act recognised for representation of workman through representatives/members of

executive committee/office bearers of trade unions or federation, registered trade union or federation,

no question arised for giving sanctity to unregistered trade union which is being formed by group of

workmen, which is against the statutory provisions of the Act.”

In view of the aforesaid observations of the Hon’ble Allahabad High Court this reference is treated as

not maintainable before this Tribunal as not having been raised by any registered trade union or any

representative of the registered trade union or federation. At this point of the proceeding it cannot be concluded

that the claims raised by the claimant are out and out frivolous.

The reference stands disposed of.

Parties are left to bear respective costs.

Date: 04.11.2022

SOMA SHEKHAR JENA, Presiding Officer

नई दिल्ली, 28 दिसम्बर, 2022

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

dsUnzh; ljdkj dsjyk ग्राeh.k cSad 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 ,ukZdqye ds iapkV ds lanHkZ

la- (40/2015) dks izdkf'kr djrh gS A

[la- ,y-12012@59@2015-vkbZ- vkj- (ch--I)]

ए. के. ािव, अवर सजचव

3168 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

New Delhi, the 28th December, 2022

S. O. 1445.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 40/2015) of the Cent.Govt. Indus. Tribunal-cum-Labour Court

Ernakulamas shown in the Annexure, in the industrial dispute between the management of Kerala Grmain

Bank and their workmen.

[No. L-12011/59/2015 –IR (B-I)]

A. K. YADAV, Under Secy.

ANNEXURE

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

ERNAKULAM

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

(Thursday the 21st day of April 2022, 1 Vaisakha 1944)

ID No. 40/2015

Workman/Union : The General Secretary

All Kerala Gramin Bank

Employees Union

V. S. Bhakther Memorial

V. K. Complex, Fort Road

Kannur – 670001

By Adv.C.Anilkumar

Management: The Chairman

Kerala Gramin Bank

P. B. No.10, Head Office

Kerala Gramin Bank Towers

A. K. Road, Uphill

Malappuram – 676505

By Adv.Ashok B. Shenoy

This case coming up for final hearing on 11.11.2021 and this Industrial Tribunal-cum-Labour Court

on 21.04.2022 passed the following:

AWARD

1.

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

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

order No. L-12011/59/2015-IR(B-I) dated 16.09.2015 referred the following dispute for adjudication by

this Tribunal.

2.

The dispute referred is;

“Whether the unilateral action of the Kerala Gramin Bank, denying special allowance to

Single Window Operator “B” is justified ? If not, what relief the workman/union is

entitled for ? ”

3.

The Union filed claim statement. According to the Union, the Management Bank is formed by

amalgamating North Malabar Gramin Bank and South Malabar Garmin Bank. Various Bipartite

Settlements governing the award staff of the banking industry is applicable to the Management. The

9th Bipartite Settlement was adopted by and was made applicable to the Management Bank in 2010. As

per the 9th Bipartite Settlement, clause 11(II) in part A(a) of Schedule II to the Bipartite Settlement,

27 special pay posts were integrated into one post called Single Window Operator-B (SWO-B) with

special pay as mentioned in part B of Schedule II w.e.f. 01.05.2010. Single Window Operator-B post is

vested with various duties and cash transactions and the post includes computer operator, data entry

operator, head clerk, stenographer, telephone operator etc. This special pay as per the 9th Bipartite

Settlement for Single Window Operator-B was extended to the clerical staff of North Malabar Gramin

Bank. The work available in the administrative offices of the Management Bank were covered by the

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3169

posts shown in part A(a) of Schedule II were receiving special pay. Consequent on 9th Bipartite

Settlement, they were re-designed as Single Window Operator-B w.e.f. 01.05.2010. While so, the

Management issued a Circular No. 49/2013 dt.10.12.2013 depriving the 16 clerical staff working in

administrative offices, the benefits of sub clause (ii) read with sub clause (iii) of clause 11 of the 9th

Bipartite Settlement. By the above Circular, the Management issued certain guidelines taking away the

benefits of special pay given to the Single Window Operator-B for staff working in the administrative

offices of the Management Bank. Circular No. 49/2013 is issued against the terms of 9th Bipartite

Settlement. The Management did not enforce the circular immediately. After an year, the Management

enforced the provisions in the circular retrospectively. By issuing and implementing Circular

No. 49/2013, the Management had changed the service conditions of the 16 staff in clerical cadre

working in the administrative offices of the Management Bank. The change was effected in total

violation of Sec 9A of ID Act. The Management did not follow the mandatory procedure prescribed U/s

9A of the Industrial Disputes Act. The loss due to the enforcement of Circular No. 49/2013 is about

Rs. 1230/- per month. This loss get increased from time to time in accordance with the change in the

DA. The erstwhile 16 clerical staff drawing special allowance prior to 9th Bipartite Settlement as shown

in Schedule II A(a) working in administrative offices of the Management Bank are entitled to get special

pay attached to Single Window Operator-B as the work they are doing in the administrative office

attracted special pay even prior to the 9th Bipartite Settlement.

4.

The Management filed counter denying the above allegations. The dispute raised by the Union is not an

industrial dispute under Industrial Disputes Act, 1947, as the trade union which raised the industrial

dispute has not substantial membership of workmen employed in the Management Bank. Therefore the

Union cannot raise the industrial dispute or espouse it as an industrial dispute. This is particularly so

since the trade union having substantial membership of workmen in the Management Bank which is

entitled to espouse a cause as an industrial dispute has not raised the subject dispute. The Union had

not shown its authority and right to represent the workmen of the Management Bank or to espouse and

raise an industrial dispute. It is incorrect to say that as per provisions in 9th Bipartite Settlement,

27 special pay posts were integrated into one post called Single Window Operator-B w.e.f. 01.05.2010.

As per the Bipartite Settlement, special pay is only a special allowance paid to workmen employed either

in the clerical or subordinate cadre for regular performance of certain special functions in addition to

their general duties in the clerical or subordinate cadre. The special functions enumerated are categorized

as posts. Special pay is a functional allowance payable only to particular workman performing particular

functions. The special pay is available only so long as they performed such particular functions as part

of their normal and regular duties. No employee is having a permanent right to claim it forever. The 9th

Bipartite Settlement nullified the jobs mentioned in Part A(a) of Schedule II of Bipartite Settlement to be

attracting special pay which is attracted until then. There is no integration of 27 alleged posts into

Single Window Operator-B. The claim of the Union that special pay of Single Window Operator-B was

extended to the clerical staff of North Malabar Gramin Bank is not correct. Further the claim of the

Union that the work available in the administrative office of the Management Bank was covered by posts

shown in part A(a) of Schedule II of the 9th Bipartite Settlement and were receiving special pay is also not

correct. The duties of clerical workmen employed in administrative office of the Regional Rural Banks

including Management Bank who are designated as Office Assistant, do not involve performance of any

of the duties attracting special pay as specified in Part A(a) of Schedule II of 9th Bipartite Settlement and

therefore such clerical workmen in administrative office are not entitled to or have not received any

special pay without performance of such duties attracting special pay. The clerical workman employed in

administrative office of the Management Bank being workmen not performing any of the duties or jobs

attracting special pay either that of Single Window Operator-B or any other jobs, they are not governed

by sub clause (ii) of Clause 11 of 9th Bipartite Settlement and not re-designated therein. Therefore they

are not entitled to any special pay or merger of Rs. 1000/- with basic pay. Circular no 49/2013

dt.10.12.2013 is issued by the Management in terms of and in tune with the provisions contained in the

Bipartite settlement including 9th Bipartite settlement. It is not correct to say that the Management

enforced the above said circular retrospectively. The Management has not in any way changed the

conditions of service of the 16 clerical workmen attracting the provisions of Sec 9A of the Industrial

Disputes Act or warranting issue of notice thereunder. The 16 clerical workmen referred to by the

3170 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

Union are not entitled to special pay of Single Window Operator-B, as their works do not attract

performance of any of the jobs or duties attracting special pay of Single Window Operator-B nor did

attract performance of any of the jobs or duties attracting any special pay, earlier.

5.

The Union filed rejoinder denying the claims of the Management in the written statement. The Union

which raised the industrial dispute ishaving membership of substantial members of workmen under the

Management. All India Bank Employees Association is the association which represent more than 85%

of bank employees in India. All Kerala Gramin Bank Employees Union is affiliated to All India Bank

Employees Association. Hence the Union has the competence to raise an industrial dispute. As per Para

11(ii) of the memorandum of settlement dt. 27.04.2010, it is agreed that w.e.f. 01.05.2010 posts

attracting special pay in clerical cadre as mentioned in Part A(a) of Schedule II of that agreement stand

modified and members of clerical staff performing the said duties shall be treated as those assigned with

the duties of Single Window Operator-B. The workmen who are affected by Circular No. 49/2013

dt.10.12.2013 are doing the work covered in Part A(a) of Schedule II and were getting special allowance

earlier. By virtue of Para 11(ii) of the memorandum of settlement dt. 27.04.2010, the clerical staff who

are doing 27 different types of work were treated as those assigned with duties of Single Window

Operator-B and special allowance applicable to Single Window Operator-B was uniformly applied to all

27 categories of work covered under Part A(a) of Schedule II. Pursuant to memorandum of settlement

dt.27.04.2010 all the clerical staff including those working in the Head Office of North Malabar Gramin

Bank was receiving special pay as provided in Part B to Schedule III of the settlement. Kerala Gramin

Bank is a Regional Rural Bank formed on 08.07.2013 under Sub Sec 1 of Sec 3 of RRB Act, 1976. The

Bank was formed by amalgamating two RRBs of Kerala, namely South Malabar Gramin Bank and North

Malabar Gramin Bank by protecting the wages and allowances prevailing in the Banks. The special pay

of Single Window Operator-B was extended to the clerks working in the administrative office till the

amalgamation and after the amalgamation, the same allowance was extended to clerks in administration

offices upto 30.11.2014. After amalgamation of the Banks, the Management took a stand that those

workmen in administrative office are not entitled for special pay and Circular no.49/2013 was issued

without hearing the affected parties. The Circular was implemented in December 2014 retrospectively.

Consequent to implementation of Circular no.49/2013, the clerical staff working in administrative office

are losing about 1084/- per month. The special pay for Single Window Operator-B is a part of salary

which is paid by debiting establishment head. By reducing salary once paid to a section of clerks in a

Bank on the ground that they are working in administrative office is an act of denial of justice and

discrimination to 16 clerks. As the special pay is reckoned for determining gratuity and other terminal

benefits, the loss sustained by the workmen in the long run would be much higher. The Management

deprived the benefits of sub clause of v(a) ofPara 11 of 9th Bipartite Settlement to 16 clerical workers who

are working in the administrative office of the Management by issuing and implementing Circular

no.49/2013. The Management has changed the service conditions of 16 clerical staff working in the

administrative office of the Management. Further denial of special pay to 16 clerical staff is in violation

of Bipartite Settlement dt.27.04.2010. The clerical staff working in the administrative office of the

Management Bank are entitled to get special pay as provided in Part B to Schedule III of the Bipartite

settlement dt.27.04.2010.

6.

After completion of pleadings, the Union examined WW1 and marked Exbts. W1 to W6. The

Management examined MW1.

7.

The issues to be decided in this dispute are ;

a. Whether the industrial dispute is maintainable ?

b. Whether the denial of special allowance to Single Window Operator-B is justified ?

c. Relief and cost ?

8.

Issue no.1

The learned Counsel for the Management took a contention that the Union which raised this dispute is a

trade union having no substantial membership of workmen employed in the Management Bank and

therefore they cannot raise an industrial dispute or espouse it as an industrial dispute. According to him,

the trade union having substantial membership of workmen employed in the Management Bank

representing the workmen has not raised such an industrial dispute and therefore the present industrial

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3171

dispute is not legal or tenable and therefore the industrial dispute is not maintainable. According to the

learned Counsel for the Union, All Kerala Gamin Bank Employees Union is affiliated to All India Bank

Employees Association which represent more than 85% of the Bank employees in India, and negotiated

and signed settlement of wages as well as service conditions of the Bank employees in the Banking

sector with Indian Bank Association through Bipartite Settlement. According to him, the Union is

therefore competent to raise an industrial dispute and participate in the conciliation proceedings.

According to the learned Counsel for the Management, the Management Bank is having an employment

strength in the clerical and subordinate cadre of around 1500 employees and the present Union is only

having a membership of 143 members which cannot in any way be classified as a substantial

membership for raising an industrial dispute.

9.

There is nothing in the Industrial Disputes Act requiring that the dispute or difference should be raised by

all workmen of the industry or even by a majority of them. It is enough, if the contrary is between the

employer on one side and the workmen on the other side. If the controversy affects or will affect the

interest of the workmen as a class, the law envisages that in the interest of the industrial peace it should

be examined and decided in any one of the modes provided by it. No hard and fast rule can be laid down

in such circumstances to decide when and by how many workmen, an industrial dispute can be raised

within the meaning of the Act or whether a minority Union or even unrecognized Union can raise an

industrial dispute. The learned Counsel for the Union relied on the decisions of the Hon'ble Supreme

Court in Indian Oxygen Ltd Vs The workmen employed by M/s.Indian Oxygen Ltd, 1979 KHC

603. The Hon'ble Supreme Court held that “It is enough if there is a potential cause of disharmony

which is likely to endanger industrial peace, and a substantial number of workmen raise a dispute about it,

for then, it is permissible to take the view that it is an industrial dispute within the meaning of clause 1 of

Sec 2 of the U.P. Act and to refer it for adjudication to a Tribunal''. In The workmen of Dharampal

Premchand Vs Dharampal Premchand, 1965 1 LLJ 668 (SC) the Hon'ble Supreme Court held that

a Union may validly raise a dispute though it may be a minority Union of the workmen in the

establishment. The Hon'ble Supreme Court held that a dispute of 18 workmen could validly be

espoused by the Union in which only those 18 workmen of the employer were members. The Division

Bench of the Hon'ble High Court of Calcutta in Reckitt and Coleman of India Ltd Vs 5th IT, 1980

LAB IC 92 (RCIL)(DB) held that a dispute relating to the service conditions of 12 car drivers of a

company employing about 1000 workers, was validly raised by a Union in which no other workman than

the 18 drivers employed by the company were members. In the present case the Union is espousing the

cause of 16 clerical staff working in the administrative office of the Management. In view of the law laid

down by the Hon'ble Supreme Court as well as various High Courts, I am of the considered view that

the industrial dispute is maintainable.

Hence the issue is decided in favour of the Union and against the Management.

10.

Issue no.2

According to the learned Counsel for the Management, the reference is with regard to withdrawal of

special allowance to Single Window Operator-B and it has got no reference to the clerical staff working in

the administrative office of the Management Bank. According to the learned Counsel for the Union, the

claim is confined to 16 clerical staff who were drawing special allowance prior to 9th Bipartite Settlement

as shown in A(a) who were working in the administrative office of the Management Bank. According to

him, all the 16 clerical staff working in the administrative office were getting the special pay attached to

Single Window Operator-B and are entitled to continue to receive the special pay attached to Single

Window Operator-B. It is true that there is a slight difference in the reference and the claim filed by

the Union. The difference is with regard to the persons who are claiming the benefit of special pay. In

this industrial dispute, according to the learned Counsel for the Union, the claim is confined to the 16

clerical staff who are entitled to continue to receive special pay attached to Single Window Operator-B.

The inaccuracy of language employed in the order of reference does not always make any difference to

the jurisdiction of the Tribunal with the reference and adjudicate a point. In Agra Electric Supply

Company Ltd Vs Workmen, 1983 1 LLJ 304 SC the Hon'ble Supreme Court held that industrial

jurisprudence is an alloy of law and social justice and one cannot be too pedantic in construing terms of

reference respecting a dispute for industrial adjudication. The order of reference cannot be construed too

technically or in a pedantic manner, but the same shall be interpreted fairly and reasonably. The Hon'ble

Supreme Court of India in Express News Papers Ltd Vs Workmen, AIR 1963 SC 569 held that the

Tribunals not only has the power, but a duty is cast on it to find out what was the real dispute which was

referred to it and to decide and not throw it out on a mere technicality. In Delhi Cloth and General

3172 THE GAZETTE OF INDIA : DECEMBER 31, 2022/ PAUSHA 10, 1944

[PART II—SEC. 3(ii)]

Mills Company Ltd Vs Workmen, AIR 1967 SC 469 the Hon'ble Supreme Court held that “ The

Tribunal must, in any event, look to the pleadings of the parties to find out the exact nature of the

dispute, because in most cases the order of reference is so cryptic that it is impossible to cull out

therefrom the various points about which the parties were at variance leading to the trouble “. From the

law as laid down by the Apex Court, it is clear that the order of reference along with the pleadings shall

be looked into arrive at the correct dispute between the Management and the Unions.

11.

According to the learned Counsel for the Union, as per 9th Bipartite Settlement, 27 special pay posts

were merged and integrated into one post of Single Window Operator-B as mentioned in part B of

Schedule II w.e.f. 01.05.2010. According to him, the clerical staff posted in the administrative office of

the Management Bank were receiving special pay. The learned Counsel for the Management on the

other hand pointed out that the claim that 27 special pay posts were integrated into one post Single

Window Operator-B w.e.f. 01.05.2010 is not correct. However as per Para 11 .(iv) it is stated that

“ With effect from 01.05.2010 clerical staff who are drawing special pay for posts mentioned in Part

A(a) in Schedule II to this settlement as on 30.04.2010 shall continue to discharge the special pay duties

as hither to and as provided in schedule 3 of Bipartite settlement dt. 02.06.2005. In addition, upon their

re-designation as Single Window Operator-B w.e.f. 01.05.2010 as provided in clause 2 above, they shall

be liable to discharge the duties of Single Window Operator-B”. As per clause B “With effect from

01.05.2010, posts attracting special pay in clerical cadre as mentioned in part A(a) of Schedule II to this

agreement shall stand modified and members of clerical staff performing the said duties shall be treated as

those assigned with the duties of Single Window Operator-B ”. In schedule II to part A(a) 27 categories

of posts are classified as Single Window Operator-B and in the foot note it is specifically mentioned

that “ With effect from w.e.f. 01.05.2010 all the above posts attracting special pay stand modified and

re-designated as Single Window Operator-B”. Hence it is clear that the clerical staff who were doing 27

different types of work were treated as those assigned with duties of Single Window Operator-B and

special allowance applicable to Single Window Operator-B was given to 27 categories of work covered

by part A(a) of Schedule II.

12.

The learned Counsel for the Union argued that all the 16 clerical staff working in administrative

offices are also entitled for the special pay and they were also being paid the special pay. The learned

Counsel for the Management denied the same and stated that the clerical staff working in the

administrative offices are not entitled for special pay. On a perusal of the Exbt.W2 Circular dt.04.09.2010,

it is indicated that “In administrative offices, the duties of special pay carrying posts shall be entrusted to

the clerical staff based on the administrative exigencies to ensure effective functioning of all

sections/portfolios being handled by the respective officers/departments. Such clerical staff as and when

shifted/transferred to another branch shall be liable to perform the duties as applicable to Single Window

Operator-B in addition to their normal duties in clerical cadre”. It is clear from the above that the clerical

staff posts in the administrative offices were also entitled to the special pay attached to Single Window

Operator-B. The Union also produced Exbt.W4 salary report of Smt.TharaBai M, Office Assistant

working in Head Office, Kannur for the month of 11/2014 to show that the employee was being paid

Single Window Operator-B allowance. The Union also produced the salary report of the same employee

for the month of 12/2014 and 01/2015, Exbt. W5 and W6 to prove that the special pay was stopped

w.e.f. 12/2014. According to the learned Counsel for the Union, the allowance was stopped in view of

Exbt.W3 Circular no.49/2013 dt.10.12.2013 which in Para 6 clearly states that “Single Window Operator

allowance is not admissible for staff members at administrative office/service branches”. According to

the Counsel, though the Circular was issued on 10.12.2013, the special pay was withdrawn from

12/2014. The Management witness MW1 in his oral evidence also admitted that as per Exbt. W4, the

Office Assistant in administrative offices were also being paid the special allowance available to a

Single Window Operator-B. He further confirmed that as per Exbt.W5 and W6, the special allowance

was not paid to the employees w.e.f. 12/2014. He further admited during cross examination that this

special allowance to the clerical staff working in administrative offices was withdrawn as per Exbt.W3

circular no.49/2013 dt.10.12.2013.

13.

Hence it is clear from the above evidence that the Office Assistants working in administrative office of

the Management Bank were being paid the special allowances of Single Window Operator-B till 11/2014

and the same was withdrawn vide Exbt. W3 Circular No. 49/2013 dt. 10.12.2013 from 12/2014.

14.

The learned Counsel for the Union pointed out that there is a loss of more than 1000/- rupees per month

for the employees in view of the withdrawal of the special allowance and will keep on increasing in the

days to come. The Management witness MW1 also in his cross examination admitted that there will be

loss on the side of the clerical staff working in administrative offices in view of the withdrawal of the

special allowance. Hence the question is whether there is any violation of the provisions U/s 9A of the

[भाग II— ण् ड 3(ii)]

भारत का रािपत्र : दिसम्बर 31, 2022/पौष 10, 1944

3173

Industrial Disputes Act. According to the learned Counsel for the Union, there is a clear violation in

view of the fact that there is a change in service conditions as per Clause 3 of the 4th Schedule of the

Industrial Disputes Act. In Management of Indian Oil Ltd Vs Workmen, 1975 2 LLJ 319 (SC)

the Hon'ble Supreme Court considered whether the withdrawal of the compensatory allowance paid to

its workmen on the basis of similar allowance introduced by the Central Govt for its employees, posted

in the State of Assam, requires compliance U/s 9A of the Industrial Disputes Act when the same is

withdrawn. The Hon'ble Supreme Court held that the compensatory allowance was an implied condition

of service to attract the mandatory provisions of Sec 9A. In Lakshmi Vilas Bank Employees Union

Vs Lakshmi Vilas Bank Ltd, the issue involved was withdrawing special allowance paid to the

machine operators and punch operators at its Data Processing Center at the rate of Rs.152/- and Rs.87/-

per month respectively. Consequent upon outsourcing the job, the Bank withdrew payment of the said

special allowance and transferred the operators to other departments. The Hon'ble High Court of Madras

held that it was mandatory for the Bank to give 21 days notice to the workmen concerned which duty it

did not fulfill and hence the discontinuance of the special allowance was not correct and was therefore

in violation of Sec 9A of the ID Act.

15.

In the present case as already pointed out the clerical staff in administrative offices were being paid

special allowance of Single Window Operator-B even after the Exbt.W1 Bipartite Settlement and the

same was withdrawn vide Exbt.W3 Circular no.49/2013 dt.10.12.2013. It is also clearly established that

there is monitory loss to the concerned employees due to the withdrawal of the allowance. Hence the

withdrawal of the allowance comes within item no.3 of 4th Schedule and therefore the procedure

contemplated U/s 9A of the ID Act is attracted. The Management has no case that they followed the

procedure as per Sec 9A and therefore the denial of special pay to 16 Office Assistants working in

administrative office is not legal and is in violation of Sec 9A of the ID Act.

16.

Issue no.3

In view of the findings in issue no.1 and 2, the clerical staff working in administrative office of the

Management Bank are entitled for the special pay and the Management is directed to restore the same to

the Office Assistants working in the administrative office of the Management.

17.

Hence an award is passed holding that the denial of special pay to 16 clerical staff working in

administrative office of the Management Bank is not justified. They are entitled for special allowance

being paid to the Single Window Operator-B.

The award will come into force one month after its publication in the official Gazette.

Dictated to the Personal Assistant, transcribed and passed by me on this the 21st day of April, 2022.

V. VIJAYA KUMAR, Presiding Officer

APPENDIX

Witness for the Workman:-

WW1 -

Sri. Upendran P., dt. 09.12.2019

Witness for the Management:-

MW1 -

Sri.Prabhakaran V. M., dt. 05.07.2021

Exhibits for the Workman:-

W1

-

Relevant portion of the Bipartite settlement dt. 27.04.2010

between IBA and Unions

W2

-

Copy of Circular No.40/2010 dt.04.09.2010 issued by the

Management

W3

-

Copy of Circular No. 49/2013 dt. 10.12.2013 issued by the

Management

W4

-

Copy of salary slip of Smt. TharaBai M for November 2014

W5

-

Copy of salary slip of Smt. TharaBai M for December 2014

W6

-

Copy of salary slip of Smt. TharaBai M for January 2015

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: 2023.01.13 10:56:22 +05'30'