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'