912 GI/2024

(727)

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. 7]

नई दिल् ली, फरवरी 18—फरवरी 24, 2024, िजनवार/माघ 29—फाल् गुन 5, 1945

No. 7]

NEW DELHI, FEBRUARY 18—FEBRUARY 24, 2024, SATURDAY/ MAGHA 29–PHALGUNA 5, 1945

इस भाग में जभन् न पृष् ठ संख् या िी िाती िै जिससे दक यि पृथक संकलन के रूप में रखा िा सके

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

भाग II—खण् ड 3—उप-खण् ड (ii)

PART II—Section 3—Sub-section (ii)

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

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

(Other than the Ministry of Defence)

वाजिज्य एवं उद्योग मंत्रालय

(वाजिज्य जवभाग)

नई दिल्ली, 19 फरवरी, 2024

का.आ. 344.—केन्रीय सरकार, जनयाात (गुिवत्ता जनयंत्रि एंव जनरीक्षि) अजिजनयम, 1963 (1963 का 22) की

िारा 7 की उपिारा (1) के साथ पठठत जनयाात (गुिवत्ता जनयंत्रि एंव जनरीक्षि) जनयम, 1964 के जनयम 12, के

उप जनयम (2) द्वारा प्रित्त िजियों का प्रयोग करते हुए मैससा जमत्रा एस. के. प्राइवेट जलजमटेड, फ्लैट नंबर टी1,

एच नंबर 14/264/ए(14), तीसरी मंजिल, वास्ट्को जसटीसेंटर, स्ट्वतंत्र पथ, वास्ट्को-ड-गामा, गोवा-403802, (जिसे

एतद्पश्चात उि अजभकरि किा िायेगा), को इस अजिसूचना के रािपत्र में प्रकािन की तारीख से तीन वर्ा के जलए,

वाजिज्य मंत्रालय की िासकीय रािपत्र में प्रकाजित भारत सरकार की अजिसूचना के साथ अनुसूची में जनर्िाष् ट दिनांक

20 दिसम्बर, 1965 की अजिसूचना की सं॰का.आ. 3975 के तित प्रकाजित अजिसूचना में उपाबद्ध अनुसूची में जवजनर्िाष्ट

सी.जी.-डी.एल.-सा.-08032024-252625

CG-DL-W-08032024-252625

सी.जी.-डी.एल.-सा.-08032024-252625

CG-DL-W-08032024-252625

728

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

खजनि और अयस्ट्क समूि-I, अथाात लौि अयस्ट्क के जनयाात से पूवा जनम्नजलजखत ितों के अिीन मोरमुगाओ पत्तन, गोवा में

उि खजनि और अयस्ट्क के जनरीक्षि करने के जलए एक अजभकरि के रुप में मान्यता िेती िै, अथाात :

(i) यि अजभकरि, खजनि और अयस्ट्क समूि-I का जनयाात (जनरीक्षि) जनयम, 1965 के जनयम 4 के अिीन जनरीक्षि की

पद्धजत की िााँच करने के जलये जनयाात जनरीक्षि पठरर्ि द्वारा जनजमत्त अजिकाठरयों को पयााप्त सियोग और सिायता प्रिान

करेगी;

(ii) यि अजभकरि, इस अजिसूचना में यथा जवजनर्िाष्ट अपने कायो का जनष् पािन करने के जलए, जनिेिक (जनरीक्षि और

गुिवत्ता जनयंत्रि) जनयाात जनरीक्षि पठरर्ि द्वारा समय-समय पर, जलजखत रूप में, दिए गए जनिेिों से आबद्ध िोंगी ।

[फा. सं. के-16014/2/2024 - जनयाात जनरीक्षि]

जवपुल बंसल, संयुक् त सजचव

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

New Delhi, the, 19th February, 2024

S.O. 344.—In exercise of the powers conferred by sub-section (1) of section 7 of the Export (Quality Control

and Inspection) Act, 1963 (22 of 1963) read with sub-rule (2) of rule 12 of the Export (Quality Control and

Inspection) Rules, 1964, the Central Government now recognizes, M/s. Mitra S. K. Private Limited, Flat No. T1, H.

No. 14/264/A(14), 3rd Floor, Vasco Citicentre, Swatantra Path, Vasco-da-Gama,Goa-403802, (hereinafter referred to

as the said agency), as an agency for three years with effect from the date of publication of this notification in the

Official Gazette, for the inspection of Minerals & Ores, Group - I, namely Iron Ore , as specified in the Schedule

annexed to the notification of the Government of India in the Ministry of Commerce, published in the Official

Gazette vide number S.O.3975 dated 20th December, 1965 respectively, before export of the said Minerals and Ores at

Mormugao Port, Goa, subject to the following conditions, namely: -

(i) the said agency shall extend adequate cooperation and assistance to the officers nominated by the Export

Inspection Council on this behalf to carry out the inspection specified under rule 4 of the Export of Minerals and Ores

– Group I (Inspection) Rules, 1965;

(ii) the said agency, in performance of their function as specified in this notification, shall be bound by such

directions, as the Director (Inspection and Quality Control), Export Inspection Council may give, in writing from

time to time.

[F. No. K-16014/2/2024 - Export Inspection]

VIPUL BANSAL, Jt. Secy.

नई दिल्ली, 19 फरवरी, 2024

का.आ. 345.—केन्रीय सरकार, जनयाात (गुिवत्ता जनयंत्रि एंव जनरीक्षि) अजिजनयम, 1963 (1963 का 22) की

िारा 7 की उपिारा (1) के साथ पठठत जनयाात (गुिवत्ता जनयंत्रि एंव जनरीक्षि) जनयम, 1964 के जनयम 12, के उपजनयम

(2) द्वारा प्रित्त िजियों का प्रयोग करते हुए मैससा एसिीएस इंजडया प्राइवेट जलजमटेड, प्लॉट नंबर 64, िीआईडीसी मेन

रोड, िरमपुर, पोरबंिर - 360577, गुिरात, (जिसे एतद्पश्चात उि अजभकरि किा िायेगा), को इस अजिसूचना के

रािपत्र में प्रकािन की तारीख से तीन वर्ा के जलए, वाजिज्य मंत्रालय की िासकीय रािपत्र में प्रकाजित भारत सरकार की

अजिसूचना के साथ अनुसूची में जनर्िाष् ट दिनांक 20 दिसम्बर, 1965 की अजिसूचना की सं. का.आ. 3975,के तित

प्रकाजित अजिसूचना में उपाबद्ध अनुसूची में जवजनर्िाष्ट खजनि और अयस्ट्क समूि-।, अथाात लौि अयस्ट्क और बॉक्साइट, के

जनयाात से पूवा जनम्नजलजखत ितों के अिीन पोरबंिर पत्तन, बेिी पत्तन, ओखा पत्तन, कांडला पत्तन और मुंरा पत्तन में उि

खजनि और अयस्ट्क के जनरीक्षि करने के जलए एक अजभकरि के रुप में मान्यता िेती िै, अथाात :

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

729

(i) यि अजभकरि, खजनि और अयस्ट्क समूि-। का जनयाात (जनरीक्षि) जनयम, 1965 के जनयम 4 के अिीन जनरीक्षि की

पद्धजत की िााँच करने के जलये जनयाात जनरीक्षि पठरर्ि द्वारा जनजमत्त अजिकाठरयों को पयााप्त सियोग और सिायता प्रिान

करेगी;

(ii) यि अजभकरि, इस अजिसूचना में यथा जवजनर्िाष्ट अपने कायो का जनष्पािन करने के जलए, जनिेिक (जनरीक्षि और

गुिवत्ता जनयंत्रि) जनयाात जनरीक्षि पठरर्ि द्वारा समय-समय पर, जलजखत रूप में, दिए गए जनिेिों से आबद्ध िोंगी ।

[फा. सं. के-16014/1/2024 - जनयाात जनरीक्षि]

जवपुल बंसल, संयुक् त सजचव

New Delhi, the, 19th February, 2024

S.O. 345.—In exercise of the powers conferred by sub-section (1) of section 7 of the Export (Quality Control

and Inspection) Act, 1963 (22 of 1963) read with sub-rule (2) of rule 12 of the Export (Quality Control and

Inspection) Rules, 1964, the Central Government now recognizes, M/s. SGS India Private Limited, Plot No. 64,

GIDC Main Road, Dharampur, Porbandar – 360577, Gujarat (hereinafter referred to as the said agency), as an

agency for three years with effect from the date of publication of this notification in the Official Gazette, for the

inspection of Minerals & Ores, Group - I, namely Iron Ore and Bauxite, as specified in the Schedule annexed to the

notification of the Government of India in the Ministry of Commerce, published in the Official Gazette vide number

S.O.3975 dated 20th December, 1965, respectively, before export of the said Minerals and Ores at Porbandar Port,

Bedi Port, Okha Port, Kandla Port and Mundra Port, subject to the following conditions, namely: -

(i) the said agency shall extend adequate cooperation and assistance to the officers nominated by the Export

Inspection Council on this behalf to carry out the inspection specified under rule 4 of the Export of Minerals and Ores

– Group I (Inspection) Rules, 1965;

(ii) the said agency, in performance of their function as specified in this notification, shall be bound by such

directions, as the Director (Inspection and Quality Control), Export Inspection Council may give, in writing from time

to time.

[F. No. K-16014/1/2024 - Export Inspection]

VIPUL BANSAL, Jt. Secy.

सिकाठरता मंत्रालय

नई दिल्ली, 16 फरवरी, 2024

का.आ. 346.—बहु-राज्यीय सिकारी सजमजत अजिजनयम, 2002 (2002 का 39) के खंड 4 के उपखंड (1) द्वारा

प्रित् त िजियों का प्रयोग करते हुए एवं भारत सरकार की अजिसूचना सं. एल-11012/2/2003-एल एवं एम दिनांक

21 दिसंबर, 2021 के अजिक्रमि में, केन्र सरकार एततद्वारा, श्री पंकि कुमार बंसल, आई.ए.एस. (टीएन:1997),

अजतठरि सजचव (सिकाठरता) को सिकाठरता मंत्रालय, भारत सरकार में तत् काल प्रभाव से एवं अगले आिेिों तक सिकारी

सजमजतयों के केन्रीय पंिीयक के रूप में जनयुक् त करती िै।

[फा. सं. एल-11012/2/2003-एल एवं एम)]

मोिम्मि नसीम, अवर सजचव

MINISTRY OF COOPERATION

New Delhi, the, 16th February, 2024

S.O. 346.—In exercise of the powers conferred under sub-section (1) of Section 4 of the Multi-State

Cooperative Societies Act, 2002 (39 of 2002) and in supersession of the Government of India Notification No. L-

11012/2/2003-L&M dated 21.12.2021, the Central Government hereby appoints Shri Pankaj Kumar Bansal, IAS

(TN:1997), Additional Secretary (Cooperation) in the Ministry of Cooperation, Government of India as the Central

Registrar of Cooperative Societies with immediate effect and until further orders.

[F. No. L-11012/2/2003-L&M]

MOHAMMAD NASEEM, Under Secy.

730

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

पेरोजलयम और प्राकृजतक गैस मंत्रालय

नई दिल्ली, 30 िनवरी, 2024

का.आ. 347.—िबदक भारत सरकार को लोकजित में यि आवश्यक प्रतीत िोता िै दक पजश्चम बंगाल राज्य में

नाथा - इस्ट्ट नेचुरल गैस पाइपलाइन जिड पठरयोिना के जसलीगुड़ी – गंगटोक खंड के माध्यम से प्राकृजतक गैस के पठरविन

के जलए मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा एक पाइपलाइन जबछाई िानी चाजिए;

और भारत सरकार को उि पाइप लाइन जबछाने के प्रयोिन के जलए यि आवश्यक प्रतीत िोता िे दक उस भूजम

में, जिसमे उि पाइप लाइन जबछाए िाने का प्रस्ट्ताव िै और िो इस अजिसूचना में संलग्न अनुसूची में वर्िात िै, उपयोग के

अजिकार का अिान दकया िाए;

अतः अब, भारत सरकार, पेरोजलयम और खजनि पाइप लाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) दक िारा 3 दक उपिारा (1) द्वारा प्रित्त िजियों का प्रयोग करते हुए, उस भूजम मे

उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा करती िे;

कोई व्यजि, िो उकत अनुसूची मे वर्िात भूजम में जितबिि िै, उस ताठरख से जिसको उि अजिजनयम की िारा 3

की उपिारा (1) के अिीन भारत के रािपत्र मे यथा प्रकाजित इस अजिसूचना की प्रजतयों सािारि िनता को उपलब्ि कर

िी िाती िै, 21 दिन के भीतर, भूजम के नीचे पाइप लाइन जबछाए िाने की संबंि मे, सक्षम प्राजिकारी, मैससा इंरिनुर् गैस

जिड जलजमटेड, ७ मा माला, एन.आर.एल. सेन्टर, िी.एस. रास्ट्ता, क्रीिचीयन बस्ट्ती, असाम- 781005, को जलजखत रूप

में आक्षेप भेि सकेगा |

जसलीगुड़ी – गंगटोक पाइपलाइन पठरयोिना

अनुसूची

जिला : िलपाईगुरी

राज्य : पजश्चम बंगाल

सकाल

तिसील

गााँव//मौज़ा

थाना

नं.

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा

मीटर

1

2

3

4

5

6

7

8

िलपाईगुरी

मालबिार

बार घठरया

57

1821

00

05

20

1822

00

07

92

1823

00

00

52

1825

00

00

94

1826

00

04

54

1833

00

21

32

1834

00

00

26

1835

00

03

60

1836

00

06

01

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

731

1848

00

03

36

1845

00

13

45

1846

00

04

05

1847

00

03

51

1867

00

00

66

1865

00

01

32

1866

00

01

81

1864

00

00

16

1852

00

10

45

1819

00

01

86

िलपाईगुरी

मयनागुजड़

िजक्षि खागरबडी

52

4648

00

01

60

4647

00

00

32

4646

00

03

74

4643

00

03

24

4638

00

00

31

4637

00

06

47

4636

00

02

98

4635

00

00

77

4578

00

04

40

4579

00

00

97

4580

00

03

71

4573

00

03

23

4572

00

01

65

4574

00

00

28

4571

00

05

41

4569

00

05

37

4568

00

03

26

4594

00

00

13

4567

00

00

51

4566

00

00

04

732

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

4597

00

03

93

4598

00

00

53

4382

00

02

39

4352

00

04

53

4353

00

00

43

4354

00

00

02

4355

00

04

56

4359

00

03

61

4356

00

00

32

4357

00

00

47

4358

00

01

63

4368

00

04

46

4367

00

04

42

4366

00

00

04

4372

00

00

71

4371

00

02

39

4370

00

03

46

4369

00

01

98

4302

00

04

30

4305

00

01

16

4304

00

03

00

4308

00

04

54

4307

00

00

52

4289

00

01

60

4290

00

02

25

4291

00

00

25

4286

00

03

09

4285

00

03

71

4284

00

01

57

4274

00

02

42

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

733

4257

00

04

39

4258

00

02

26

4256

00

04

84

4255

00

03

09

4267

00

00

12

4259

00

00

51

4253

00

03

11

4239

00

01

54

4252

00

01

41

4240

00

01

34

4249

00

01

92

4241

00

10

92

4248

00

00

73

4247

00

01

71

4235

00

02

71

4234

00

01

89

4233

00

00

48

4231

00

02

13

4232

00

03

32

4220

00

00

13

4217

00

13

92

4216

00

07

73

4218

00

00

58

3025

00

07

44

2618

00

00

11

िलपाईगुरी

मयनागुजड़

उत्तर मािब िंगा

53

4301

00

31

55

4300

00

03

04

4299

00

07

14

4298

00

01

02

4286

00

01

18

734

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

4108

00

00

64

4107

00

01

39

4106

00

00

33

4105

00

02

27

4104

00

16

21

4103

00

10

73

4081

00

11

26

4080

00

04

30

4079

00

00

22

4067

00

00

34

4060

00

11

96

4053

00

01

14

4059

00

05

46

4054

00

05

60

4051

00

08

42

4049

00

07

24

4048

00

00

09

4043

00

10

93

4042

00

05

50

2872

00

01

08

2871

00

00

08

2883

00

08

96

2878

00

00

57

2885

00

06

45

2886

00

02

76

2887

00

00

33

2884

00

01

56

2883

00

00

13

2895

00

00

81

2896

00

02

73

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

735

2882

00

02

86

2881

00

00

49

2897

00

00

88

4010

00

02

40

2898

00

04

10

2899

00

00

81

3991

00

01

77

3993

00

04

93

3994

00

04

60

3990

00

00

76

3998

00

06

61

4000

00

05

35

4003

00

06

65

3928

00

01

58

3914

00

09

60

3915

00

04

97

3916

00

04

63

3917

00

11

61

3836

00

00

03

3615

00

04

93

3616

00

00

88

3617

00

03

25

3629

00

04

59

3829

00

02

37

3630

00

06

73

3631

00

02

41

3632

00

01

80

3637

00

04

31

3638

00

06

13

3815

00

05

57

736

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

3642

00

03

10

3639

00

00

02

3641

00

08

11

3640

00

00

81

3651

00

00

91

3652

00

05

26

3653

00

01

06

3654

00

05

06

3655

00

00

28

3355

00

00

32

3357

00

07

69

3556

00

03

79

3555

00

04

14

3554

00

04

18

3553

00

04

10

3552

00

03

23

3548

00

03

23

3547

00

03

32

3539

00

02

64

3535

00

01

16

3536

00

10

49

3537

00

01

32

3531

00

01

99

3517

00

02

08

3516

00

04

27

3519

00

00

43

3515

00

04

13

3514

00

03

93

3512

00

00

48

3513

00

05

74

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

737

3438

00

05

28

3437

00

04

30

3436

00

04

66

3435

00

04

48

3433

00

04

35

3432

00

04

38

3430

00

05

14

3429

00

08

54

3426

00

06

55

3425

00

08

11

3424

00

03

58

3422

00

00

86

3421

00

02

42

3183

00

05

28

3189

00

00

92

3184

00

08

28

3179

00

02

33

3185

00

02

97

3165

00

06

80

3166

00

22

61

3167

00

06

10

3159

00

00

44

3163

00

02

54

3162

00

04

72

2611

00

01

25

2603

00

06

49

2602

00

06

26

2601

00

03

23

2600

00

03

57

2599

00

07

13

738

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

2598

00

01

12

िलपाईगुरी

मयनागुजड़

मािब िंगा

54

1719

00

05

98

1718

00

09

86

1494

00

04

20

1493

00

21

44

1492

00

05

30

1490

00

00

02

1463

00

05

19

1462

00

04

91

1461

00

00

09

1466

00

05

69

1464

00

04

23

1465

00

07

14

1467

00

00

73

1108

00

04

47

1104

00

06

32

1105

00

04

15

1103

00

02

40

1102

00

03

09

1083

00

00

41

1084

00

07

22

1085

00

01

77

1082

00

01

60

1028

00

08

35

1027

00

08

28

1026

00

04

22

1029

00

01

19

1030

00

04

12

1031

00

01

77

1032

00

00

30

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

739

1011

00

05

16

1012

00

10

92

1009

00

13

60

1007

00

00

04

1006

00

01

46

1005

00

03

28

1004

00

00

98

1003

00

06

67

770

00

00

30

1002

00

03

62

1001

00

01

55

1000

00

00

78

773

00

11

55

774

00

12

56

775

00

01

30

777

00

06

86

946

00

00

53

778

00

10

43

4

00

01

29

2

00

00

40

3

00

00

04

943

00

03

54

798

00

00

44

942

00

01

53

799

00

05

52

800

00

04

14

801

00

02

47

802

00

01

96

803

00

00

03

806

00

06

35

740

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

809

00

03

76

810

00

02

15

811

00

02

01

513

00

02

06

812

00

00

16

511

00

01

34

509

00

05

39

508

00

01

00

506

00

01

59

505

00

04

62

504

00

00

20

502

00

05

58

503

00

08

35

513

00

01

10

857

00

00

33

453

00

02

88

452

00

02

54

451

00

02

94

255

00

06

33

256

00

07

03

254

00

02

22

253

00

00

09

258

00

03

24

257

00

01

11

259

00

03

57

264

00

02

34

444

00

03

52

443

00

00

99

441

00

03

84

440

00

01

95

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

741

428

00

04

71

427

00

06

44

426

00

03

53

424

00

01

79

423

00

02

24

421

00

02

91

413

00

00

68

420

00

01

42

419

00

00

19

418

00

01

67

275

00

02

07

276

00

02

10

60

00

03

13

55

00

03

80

52

00

05

04

53

00

00

08

1783

00

01

74

44

00

00

85

46

00

01

80

36

00

04

50

27

00

05

80

47

00

00

19

26

00

04

77

25

00

02

69

23

00

00

76

20

00

02

64

22

00

00

10

18

00

03

23

17

00

04

01

1788

00

01

54

742

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

15

00

01

86

14

00

03

84

12

00

03

23

10

00

03

72

21

00

05

32

8

00

04

04

िलपाईगुरी

मयनागुजड़

िजक्षि मौंमारी

36

846

00

03

66

845

00

01

07

847

00

03

48

848

00

01

32

844

00

06

38

843

00

00

06

856

00

00

41

840

00

04

14

857

00

03

99

861

00

03

56

862

00

02

71

836

00

05

22

835

00

01

23

866

00

00

05

834

00

01

63

833

00

04

25

832

00

02

08

831

00

02

59

751

00

02

55

752

00

09

53

750

00

04

13

737

00

02

88

753

00

00

05

709

00

04

45

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

743

708

00

08

00

1121

00

05

40

770

00

31

11

771

00

05

23

774

00

06

39

423

00

01

30

445

00

02

88

453

00

05

14

448

00

06

56

449

00

06

36

442

00

08

07

452

00

02

24

438

00

02

08

437

00

03

73

436

00

03

93

435

00

00

24

431

00

09

76

430

00

11

59

429

00

03

35

569

00

12

41

427

00

06

90

426

00

03

29

1107

00

02

52

410

00

05

42

425

00

00

19

411

00

06

56

412

00

06

45

413

00

09

54

414

00

01

46

841

00

00

88

744

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

840

00

05

14

406

00

22

09

398

00

01

76

399

00

04

34

396

00

06

11

395

00

03

57

394

00

04

61

397

00

00

19

380

00

03

80

371

00

07

66

370

00

08

39

366

00

04

10

362

00

11

30

346

00

05

08

347

00

04

39

339

00

05

86

337

00

04

16

336

00

09

25

331

00

05

51

332

00

03

37

320

00

01

36

331

00

00

06

321

00

08

89

322

00

05

27

323

00

00

07

324

00

12

35

296

00

15

72

395

00

00

55

िलपाईगुरी

मयनागुजड़

उत्तर मौंमारी

40

3540

00

05

74

3530

00

07

43

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

745

3539

00

03

18

3531

00

17

52

3528

00

00

44

[फा. सं. एल-14014/2/2023-िीपी-II(ई-45875)]

रामिीलाल मीना, अवर सजचव

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 30th January, 2024

S.O. 347.—Whereas it appears to the Government of India that it is necessary in public interest that for

transportation of natural gas through Siliguri-Gangtok Section of North - East Natural Gas Pipeline Grid Project in

the State of West Bengal, a pipeline should be laid by M/s Indradhanush Gas Grid Limited;

And, whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of User in the land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification;

Now, therefore, in exercise of powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, (50 of 1962) Government of India hereby

declares its intention to acquire the Right of User therein;

Any person interested in the land described in the said Schedule may, within twenty one days from the date

of which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India are made available to the general public, object in writing to the acquisition of the right of User

therein for laying of the pipeline under the land to Competent Authority, M/s Indradhanush Gas Grid Limited,

Jalpaiguri District, State of West Bengal.

SILIGURI – GANGTOK PIPELINE PROJECT

SCHEDULE

District:- Jalpaiguri

State : West Bengal

Circle

Tahsil

Name of the Village/

Mouza

JL No.

Survey No.

Area

Hectare

Are

Sq.mtr

1

2

3

4

5

6

7

8

Jalpaiguri

Malbazar

Bara Gharia

57

1821

00

05

20

1822

00

07

92

1823

00

00

52

1825

00

00

94

1826

00

04

54

1833

00

21

32

1834

00

00

26

1835

00

03

60

1836

00

06

01

1848

00

03

36

1845

00

13

45

1846

00

04

05

1847

00

03

51

1867

00

00

66

1865

00

01

32

1866

00

01

81

1864

00

00

16

1852

00

10

45

1819

00

01

86

Jalpaiguri

Moynaguri

Dakshin Khagrabari

52

4648

00

01

60

4647

00

00

32

4646

00

03

74

4643

00

03

24

4638

00

00

31

4637

00

06

47

746

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

4636

00

02

98

4635

00

00

77

4578

00

04

40

4579

00

00

97

4580

00

03

71

4573

00

03

23

4572

00

01

65

4574

00

00

28

4571

00

05

41

4569

00

05

37

4568

00

03

26

4594

00

00

13

4567

00

00

51

4566

00

00

04

4597

00

03

93

4598

00

00

53

4382

00

02

39

4352

00

04

53

4353

00

00

43

4354

00

00

02

4355

00

04

56

4359

00

03

61

4356

00

00

32

4357

00

00

47

4358

00

01

63

4368

00

04

46

4367

00

04

42

4366

00

00

04

4372

00

00

71

4371

00

02

39

4370

00

03

46

4369

00

01

98

4302

00

04

30

4305

00

01

16

4304

00

03

00

4308

00

04

54

4307

00

00

52

4289

00

01

60

4290

00

02

25

4291

00

00

25

4286

00

03

09

4285

00

03

71

4284

00

01

57

4274

00

02

42

4257

00

04

39

4258

00

02

26

4256

00

04

84

4255

00

03

09

4267

00

00

12

4259

00

00

51

4253

00

03

11

4239

00

01

54

4252

00

01

41

4240

00

01

34

4249

00

01

92

4241

00

10

92

4248

00

00

73

4247

00

01

71

4235

00

02

71

4234

00

01

89

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

747

4233

00

00

48

4231

00

02

13

4232

00

03

32

4220

00

00

13

4217

00

13

92

4216

00

07

73

4218

00

00

58

3025

00

07

44

2618

00

00

11

Jalpaiguri

Moynaguri

Uttar Madhab Danga

53

4301

00

31

55

4300

00

03

04

4299

00

07

14

4298

00

01

02

4286

00

01

18

4108

00

00

64

4107

00

01

39

4106

00

00

33

4105

00

02

27

4104

00

16

21

4103

00

10

73

4081

00

11

26

4080

00

04

30

4079

00

00

22

4067

00

00

34

4060

00

11

96

4053

00

01

14

4059

00

05

46

4054

00

05

60

4051

00

08

42

4049

00

07

24

4048

00

00

09

4043

00

10

93

4042

00

05

50

2872

00

01

08

2871

00

00

08

2883

00

08

96

2878

00

00

57

2885

00

06

45

2886

00

02

76

2887

00

00

33

2884

00

01

56

2883

00

00

13

2895

00

00

81

2896

00

02

73

2882

00

02

86

2881

00

00

49

2897

00

00

88

4010

00

02

40

2898

00

04

10

2899

00

00

81

3991

00

01

77

3993

00

04

93

3994

00

04

60

3990

00

00

76

3998

00

06

61

4000

00

05

35

4003

00

06

65

3928

00

01

58

3914

00

09

60

748

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

3915

00

04

97

3916

00

04

63

3917

00

11

61

3836

00

00

03

3615

00

04

93

3616

00

00

88

3617

00

03

25

3629

00

04

59

3829

00

02

37

3630

00

06

73

3631

00

02

41

3632

00

01

80

3637

00

04

31

3638

00

06

13

3815

00

05

57

3642

00

03

10

3639

00

00

02

3641

00

08

11

3640

00

00

81

3651

00

00

91

3652

00

05

26

3653

00

01

06

3654

00

05

06

3655

00

00

28

3355

00

00

32

3357

00

07

69

3556

00

03

79

3555

00

04

14

3554

00

04

18

3553

00

04

10

3552

00

03

23

3548

00

03

23

3547

00

03

32

3539

00

02

64

3535

00

01

16

3536

00

10

49

3537

00

01

32

3531

00

01

99

3517

00

02

08

3516

00

04

27

3519

00

00

43

3515

00

04

13

3514

00

03

93

3512

00

00

48

3513

00

05

74

3438

00

05

28

3437

00

04

30

3436

00

04

66

3435

00

04

48

3433

00

04

35

3432

00

04

38

3430

00

05

14

3429

00

08

54

3426

00

06

55

3425

00

08

11

3424

00

03

58

3422

00

00

86

3421

00

02

42

3183

00

05

28

3189

00

00

92

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

749

3184

00

08

28

3179

00

02

33

3185

00

02

97

3165

00

06

80

3166

00

22

61

3167

00

06

10

3159

00

00

44

3163

00

02

54

3162

00

04

72

2611

00

01

25

2603

00

06

49

2602

00

06

26

2601

00

03

23

2600

00

03

57

2599

00

07

13

2598

00

01

12

Jalpaiguri

Moynaguri

Madhab Daga

54

1719

00

05

98

1718

00

09

86

1494

00

04

20

1493

00

21

44

1492

00

05

30

1490

00

00

02

1463

00

05

19

1462

00

04

91

1461

00

00

09

1466

00

05

69

1464

00

04

23

1465

00

07

14

1467

00

00

73

1108

00

04

47

1104

00

06

32

1105

00

04

15

1103

00

02

40

1102

00

03

09

1083

00

00

41

1084

00

07

22

1085

00

01

77

1082

00

01

60

1028

00

08

35

1027

00

08

28

1026

00

04

22

1029

00

01

19

1030

00

04

12

1031

00

01

77

1032

00

00

30

1011

00

05

16

1012

00

10

92

1009

00

13

60

1007

00

00

04

1006

00

01

46

1005

00

03

28

1004

00

00

98

1003

00

06

67

770

00

00

30

1002

00

03

62

1001

00

01

55

1000

00

00

78

773

00

11

55

774

00

12

56

750

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

775

00

01

30

777

00

06

86

946

00

00

53

778

00

10

43

4

00

01

29

2

00

00

40

3

00

00

04

943

00

03

54

798

00

00

44

942

00

01

53

799

00

05

52

800

00

04

14

801

00

02

47

802

00

01

96

803

00

00

03

806

00

06

35

809

00

03

76

810

00

02

15

811

00

02

01

513

00

02

06

812

00

00

16

511

00

01

34

509

00

05

39

508

00

01

00

506

00

01

59

505

00

04

62

504

00

00

20

502

00

05

58

503

00

08

35

513

00

01

10

857

00

00

33

453

00

02

88

452

00

02

54

451

00

02

94

255

00

06

33

256

00

07

03

254

00

02

22

253

00

00

09

258

00

03

24

257

00

01

11

259

00

03

57

264

00

02

34

444

00

03

52

443

00

00

99

441

00

03

84

440

00

01

95

428

00

04

71

427

00

06

44

426

00

03

53

424

00

01

79

423

00

02

24

421

00

02

91

413

00

00

68

420

00

01

42

419

00

00

19

418

00

01

67

275

00

02

07

276

00

02

10

60

00

03

13

55

00

03

80

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

751

52

00

05

04

53

00

00

08

1783

00

01

74

44

00

00

85

46

00

01

80

36

00

04

50

27

00

05

80

47

00

00

19

26

00

04

77

25

00

02

69

23

00

00

76

20

00

02

64

22

00

00

10

18

00

03

23

17

00

04

01

1788

00

01

54

15

00

01

86

14

00

03

84

12

00

03

23

10

00

03

72

21

00

05

32

8

00

04

04

Jalpaiguri

Moynaguri

Dakshin Mouamari

36

846

00

03

66

845

00

01

07

847

00

03

48

848

00

01

32

844

00

06

38

843

00

00

06

856

00

00

41

840

00

04

14

857

00

03

99

861

00

03

56

862

00

02

71

836

00

05

22

835

00

01

23

866

00

00

05

834

00

01

63

833

00

04

25

832

00

02

08

831

00

02

59

751

00

02

55

752

00

09

53

750

00

04

13

737

00

02

88

753

00

00

05

709

00

04

45

708

00

08

00

1121

00

05

40

770

00

31

11

771

00

05

23

774

00

06

39

423

00

01

30

445

00

02

88

453

00

05

14

448

00

06

56

449

00

06

36

442

00

08

07

452

00

02

24

438

00

02

08

752

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

437

00

03

73

436

00

03

93

435

00

00

24

431

00

09

76

430

00

11

59

429

00

03

35

569

00

12

41

427

00

06

90

426

00

03

29

1107

00

02

52

410

00

05

42

425

00

00

19

411

00

06

56

412

00

06

45

413

00

09

54

414

00

01

46

841

00

00

88

840

00

05

14

406

00

22

09

398

00

01

76

399

00

04

34

396

00

06

11

395

00

03

57

394

00

04

61

397

00

00

19

380

00

03

80

371

00

07

66

370

00

08

39

366

00

04

10

362

00

11

30

346

00

05

08

347

00

04

39

339

00

05

86

337

00

04

16

336

00

09

25

331

00

05

51

332

00

03

37

320

00

01

36

331

00

00

06

321

00

08

89

322

00

05

27

323

00

00

07

324

00

12

35

296

00

15

72

395

00

00

55

Jalpaiguri

Moynaguri

Uttar Mouamari

40

3540

00

05

74

3530

00

07

43

3539

00

03

18

3531

00

17

52

3528

00

00

44

[F. No. L-14014/2/2023-GP-II (E-45875)]

RAMJI LAL MEENA, Under Secy.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

753

नई दिल्ली, 2 फरवरी, 2024

का.आ. 348.—िबदक भारत सरकार को लोकजित में यि आवश्यक प्रतीत िोता िै दक पजश्चम बंगाल राज्य में

नाथा - इस्ट्ट नेचुरल गैस पाइपलाइन जिड पठरयोिना के जसलीगुड़ी – गंगटोक खंड के माध्यम से प्राकृजतक गैस के पठरविन

के जलए मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा एक पाइपलाइन जबछाई िानी चाजिए;

और भारत सरकार को उि पाइप लाइन जबछाने के प्रयोिन के जलए यि आवश्यक प्रतीत िोता िे दक उस भूजम

में, जिसमे उि पाइप लाइन जबछाए िाने का प्रस्ट्ताव िै और िो इस अजिसूचना में संलग्न अनुसूची में वर्िात िै, उपयोग के

अजिकार का अिान दकया िाए;

अतः अब, भारत सरकार, पेरोजलयम और खजनि पाइप लाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) दक िारा 3 दक उपिारा (1) द्वारा प्रित्त िजियों का प्रयोग करते हुए, उस भूजम मे

उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा करती िे;

कोई व्यजि, िो उक् त अनुसूची मे वर्िात भूजम में जितबिि िै, उस ताठरख से जिसको उि अजिजनयम की िारा 3

की उपिारा (1) के अिीन भारत के रािपत्र मे यथा प्रकाजित इस अजिसूचना की प्रजतयों सािारि िनता को उपलब्ि कर

िी िाती िै, 21 दिन के भीतर, भूजम के नीचे पाइप लाइन जबछाए िाने की संबंि मे, सक्षम प्राजिकारी, मैससा इंरिनुर् गैस

जिड जलजमटेड, ७ मा माला, एन.आर.एल. सेन्टर, िी.एस. रास्ट्ता, क्रीिचीयन बस्ट्ती, असाम- 781005, को जलजखत रूप

में आक्षेप भेि सकेगा |

जसलीगुड़ी – गंगटोक पाइपलाइन पठरयोिना

अनुसूची

जिला : िलपाईगुरी

राज्य : पजश्चम बंगाल

सकाल

तिसील

गााँव//मौज़ा

थाना नं.

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर

1

2

3

4

5

6

7

8

िलपाईगुरी

मालबिार

जबिुरेरडांगा

106

480

00

03

86

479

00

11

66

236

00

01

24

235

00

04

36

234

00

11

67

161

00

00

04

162

00

12

47

163

00

03

35

165

00

00

14

174

00

02

78

175

00

01

31

172

00

00

31

180

00

01

22

178

00

00

37

181

00

04

98

185

00

00

75

184

00

08

44

199

00

05

55

200

00

02

04

471

00

02

52

470

00

00

28

474

00

15

58

[फा. सं. एल – 14014-2-2023-िीपी-II (ई–45875)]

रामिीलाल मीना, अवर सजचव

754

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

New Delhi, the, 2nd February, 2024

S.O. 348.—Whereas it appears to the Government of India that it is necessary in public interest that for

transportation of natural gas through Siliguri-Gangtok Section of North - East Natural Gas Pipeline Grid Project in

the State of West Bengal, a pipeline should be laid by M/s Indradhanush Gas Grid Limited;

And, whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of User in the land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification;

Now, therefore, in exercise of powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, (50 of 1962) Government of India hereby

declares its intention to acquire the Right of User therein;

Any person interested in the land described in the said Schedule may, within twenty one days from the date

of which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India are made available to the general public, object in writing to the acquisition of the right of User

therein for laying of the pipeline under the land to Competent Authority, M/s Indradhanush Gas Grid Limited,

Jalpaiguri District, State of West Bengal.

SILIGURI – GANGTOK PIPELINE PROJECT

SCHEDULE

District:- Jalpaiguri

State : West Bengal

Circle

Tahsil

Name of the

Village/ Mouza

JL No.

Survey No.

Area

Hectare

Are

Sq.mtr.

1

2

3

4

5

6

7

8

Jalpaiguri

Malbazar

Bidurerdanga

106

480

00

03

86

479

00

11

66

236

00

01

24

235

00

04

36

234

00

11

67

161

00

00

04

162

00

12

47

163

00

03

35

165

00

00

14

174

00

02

78

175

00

01

31

172

00

00

31

180

00

01

22

178

00

00

37

181

00

04

98

185

00

00

75

184

00

08

44

199

00

05

55

200

00

02

04

471

00

02

52

470

00

00

28

474

00

15

58

[F No. L-14014-2-2023-GP-II(E-45875)]

RAMJI LAL MEENA, Under Secy.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

755

नई दिल्ली, 2 फरवरी, 2024

का.आ. 349.—भारत सरकार ने पेरोजलयम और खजनि पाइपलाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) जिसे इसमे इसके पश्चात उि अजिजनयम किा गया िै) की िारा 3 दक उपिारा (1) के

अिीन िारी भारत सरकार के पेरोजलयम और प्राकृजतक गैस मंत्रालय की अजिसूचना संख्या का. आ. 2676(ई) तारीख

15.06.2023 िो भारत के असािारि रािपत्र तारीख 16.06.2023 मे प्रकाजित की गई थी, द्वारा उस अजिसूचना से

संलग्न अनुसूची में जवजनर्िाष्ट भूजम में मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा असम राज्य में गुवािाटी - जिलांग - जसलचर -

पानीसागर प्रकृजतक गैस पाइपलाइन के मिायम से प्रकृजतक गैस के पठरविन के जलए पाइपलाइन जबछाने के प्रयोिन के

जलए उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा की थी;

और उि रािपजत्रत अजिसूचना की प्रजतयााँ िनता को उपलब्ि करा िी गई थी;

और सक्षम प्राजिकारी ने िनता से प्राप्त आक्षेपों को परीक्षि के उपरांत जनपटान कर दिया िै;

और सक्षम प्राजिकारी ने, उि अजिजनयम की िारा 6 की उप - िारा (1) के अिीन भारत सरकार को अपनी

ठरपोटा िे िी िै;

और भारत सरकार ने, उि ठरपोटा पर जवचार करने के पश्चात और यि संतुष्ट िो िाने पर दक उि भूजम

पाइपलाइन जबछाने के जलए अपेजक्षत िै, उसमें उपयोग के अजिकार का अिान करने का जवजनश्चय दकया िै;

अतः अब, भारत सरकार, उि अजिजनयम की िारा 6 दक उपिारा (1) द्वारा प्रित िजियों का प्रयोग करते हुये,

यि घोर्िा करती िै दक इस अजिसूचना से संलग्न अनुसूची में जवजनर्िाष्ट भूजम में पाइपलाइन जबछाने के जलए उपयोग के

अजिकार का अिान दकया िाता िै;

और भारत सरकार, उि अजिजनयम दक िारा 6 दक उपिारा (4) द्वारा प्रित िजियों का प्रयोग करते हुये, यि जनिेि िेती

िै दक पाइपलाइने जबछाने के जलए भूजम मे उपयोग के अजिकार, इस घोर्िा के प्रकािन की तारीख को, भारत सरकार में

जनजित िोने के बिाय, पाइपलाइन जबछाने का प्रस्ट्ताव करने वाली मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित िोगा और

तिुपठर, भूजम में ऐसे उपयोग का अजिकार, इस प्रकार अजिरोजपत जनबंिनों और ितों के अिीन रिते हुये, सभी जवलंगमों

से मुि, मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित िोगा।

अनुसूची

जिला : कछार

राज्य : असम

सकाल

तिसील

गााँव//मौज़ा

िाग नं.

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर.

1

2

3

4

5

6

7

काजतगोराि

काजतगोराि

तेली टीकर भाग -1

21

00

01

08

काजतगोराि

काजतगोराि

िगिीिपुर भाग 2

183

00

06

16

115

00

03

91

काजतगोराि

काजतगोराि

िगिीिपुर भाग 3

189

00

01

07

195

00

01

74

काजतगोराि

काजतगोराि

िगिीिपुर भाग 5

121

00

03

11

124

00

02

80

117

00

08

97

काजतगोराि

काजतगोराि

चांिपुर-3

238

00

13

81

काजतगोराि

काजतगोराि

रंगर भाग -3

116

00

04

90

756

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

118

00

01

04

जसलचर

जसलचर

िुगाापुर

150

00

07

68

169

00

01

89

237

00

01

00

170

00

03

75

जसलचर

जसलचर

उिान िाम

74

00

01

10

जसलचर

जसलचर

चेसरी

499

00

10

73

497

00

00

94

268

00

00

93

498

00

08

69

223

00

01

07

जसलचर

जसलचर

कालीनगर भाग 1

32

00

01

62

35

00

00

66

जसलचर

जसलचर

कालीनगर भाग 2

217

00

02

18

जसलचर

जसलचर

खाठरल बागीचा

36

00

01

00

उिरबॉन्ड

उिरबॉन्ड

िुगाानगर भाग 2

204

00

06

03

230

00

06

85

229

00

03

45

उिरबॉन्ड

उिरबॉन्ड

डोयापोर भाग - 4

91

00

41

16

52

00

61

31

उिरबॉन्ड

उिरबॉन्ड

इस्ट्तमपुर

44

00

00

70

45

00

04

90

लखीपुर

लखीपुर

जनि-बांसकांडी भाग -4

229

00

00

57

सोनाई

सोनाई

गोबबंिपुर भाग -3

15

00

00

82

20

00

00

88

30

00

01

10

सोनाई

सोनाई

िनेिरी भाग -1

586

00

05

32

288

00

02

25

कैठटगोराि

कैठटगोराि

सैिपुर III

24

00

16

70

25

01

04

30

32

00

67

58

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

757

कैठटगोराि

कैठटगोराि

खेलमा भाग II

186

00

02

69

कैठटगोराि

कैठटगोराि

नाटनपुर

209

00

10

76

210

00

13

62

212

00

16

02

215

00

07

14

216

00

02

28

219

00

04

08

220

00

02

47

222

00

03

29

223

00

05

68

227

00

09

18

228

00

08

02

ROAD

00

02

15

229

00

02

46

NALA

00

01

50

[फा. सं. एल – 14014/14/2023-िीपी-II (ई–46938)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 2nd February, 2024

S.O. 349.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural

Gas S.O.No.2676(E) dated the 15.06.2023 issued under sub-section (1) of section 3 of the Petroleum and Minerals

Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act),

published in the Extra Ordinary Gazette of India dated the 16.06.2023, the Government of India declared its intention

to acquire the Right of User in the land specified in the Schedule appended to that notification for the purpose of

laying pipeline for transportation of Natural Gas through Guwahati - Shillong - Silchar - Panisagar Section of North -

East Natural Gas Pipeline in the state of Assam by Indradhanush Gas Grid Limited (IGGL).

And whereas copies of the said Extraordinary Gazette notification were made available to the public.

And whereas the objections received from the public to the laying of the pipeline have been considered and

disposed by the Competent Authority.

And whereas the Competent Authority has, under sub-section (1) of section 6 of the said Act submitted its

report to the Government of India.

And whereas the Government of India after considering the said report and on being satisfied that the said

land is required for laying the pipeline, has decided to acquire right of user therein;

Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 6 of the said Act, the

Government of India hereby declares that the right of user in the land specified in the Schedule appended to this

notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the

Government of India hereby directs that the Right of User in the land for laying the pipeline shall, instead of vesting

in Government of India, vest, on this date of the publication of the declaration, in the Indradhanush Gas Grid Limited

(IGGL), free from all encumbrances.

SCHEDULE

District:- Cachar

State :- Assam

Circle

Tahsil

Name of the Village/

Mouza

Survey No.

Area

Hectare

Are

Sq.mtr.

1

2

3

4

5

6

7

Katigorah

Katigorah

Teli Tikar Pt-1

21

00

01

08

758

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

Katigorah

Katigorah

Jagdispur pt 2

183

00

06

16

115

00

03

91

Katigorah

Katigorah

Jagdispur Pt 3

189

00

01

07

195

00

01

74

Katigorah

Katigorah

Jagdispur Pt 5

121

00

03

11

124

00

02

80

117

00

08

97

Katigorah

Katigorah

Chandpur-3

238

00

13

81

Katigorah

Katigorah

Rangar pt-3

116

00

04

90

118

00

01

04

Silchar

Silchar

Durgapur

150

00

07

68

169

00

01

89

237

00

01

00

170

00

03

75

Silchar

Silchar

Ujan Gram

74

00

01

10

Silchar

Silchar

Chesri

499

00

10

73

497

00

00

94

268

00

00

93

498

00

08

69

223

00

01

07

Silchar

Silchar

Kalinagar Pt 1

32

00

01

62

35

00

00

66

Silchar

Silchar

Kalinagar Pt 2

217

00

02

18

Silchar

Silchar

Kharil Bagicha

36

00

01

00

Udharbond

Udharbond

Durganagar Pt 2

204

00

06

03

230

00

06

85

229

00

03

45

Udharbond

Udharbond

Doyapore Pt 4

91

00

41

16

52

00

61

31

Udharbond

Udharbond

Istampur

44

00

00

70

45

00

04

90

Lakhipur

Lakhipur

Niz-Banskandi Pt-4

229

00

00

57

Sonai

Sonai

Gobindpur pt-3

15

00

00

82

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

759

20

00

00

88

30

00

01

10

Sonai

Sonai

Dhanehari Pt-1

586

00

05

32

288

00

02

25

Katigorah

Katigorah

SAIDPUR III

24

00

16

70

25

01

04

30

32

00

67

58

Katigorah

Katigorah

Khelma part II

186

00

02

69

Katigorah

Katigorah

Natanpur

209

00

10

76

210

00

13

62

212

00

16

02

215

00

07

14

216

00

02

28

219

00

04

08

220

00

02

47

222

00

03

29

223

00

05

68

227

00

09

18

228

00

08

02

ROAD

00

02

15

229

00

02

46

NALA

00

01

50

[F No. L-14014/14/2023-GP-II (E-46938)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 2 फरवरी, 2024

का.आ. 350.— भारत सरकार ने पेरोजलयम और खजनि पाइपलाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) जिसे इसमे इसके पश्चात उि अजिजनयम किा गया िै) की िारा 3 दक उपिारा (1) के

अिीन िारी भारत सरकार के पेरोजलयम और प्राकृजतक गैस मंत्रालय की अजिसूचना संख्या का. आ. 4964(अ) तारीख

26.10.2023 िो भारत के असािारि रािपत्र तारीख 17.11.2023, मे प्रकाजित की गई थी, द्वारा उस अजिसूचना से

संलग्न अनुसूची में जवजनर्िाष्ट भूजम में मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा असम राज्य में नाथा-इस्ट्ट नेचुरल गैस

पाइपलाइन जिड पठरयोिना के GNPL खंड के मिायम से प्रकृजतक गैस के पठरविन के जलए पाइपलाइन जबछाने के

प्रयोिन के जलए उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा की थी;

और उि रािपजत्रत अजिसूचना की प्रजतयााँ िनता को उपलब्ि करा िी गई थी;

और सक्षम प्राजिकारी ने िनता से प्राप्त आक्षेपों को परीक्षि के उपरांत जनपटान कर दिया िै;

और सक्षम प्राजिकारी ने, उि अजिजनयम की िारा 6 की उप - िारा (1) के अिीन भारत सरकार को अपनी

ठरपोटा िे िी िै;

और भारत सरकार ने, उि ठरपोटा पर जवचार करने के पश्चात और यि संतुष्ट िो िाने पर दक उि भूजम

पाइपलाइन जबछाने के जलए अपेजक्षत िै, उसमें उपयोग के अजिकार का अिान करने का जवजनश्चय दकया िै;

760

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

अतः अब, भारत सरकार, उि अजिजनयम की िारा 6 दक उपिारा (1) द्वारा प्रित िजियों का प्रयोग करते हुये,

यि घोर्िा करती िै दक इस अजिसूचना से संलग्न अनुसूची में जवजनर्िाष्ट भूजम में पाइपलाइन जबछाने के जलए उपयोग के

अजिकार का अिान दकया िाता िै;

और भारत सरकार, उि अजिजनयम दक िारा 6 दक उपिारा (4) द्वारा प्रित िजियों का प्रयोग करते हुये, यि

जनिेि िेती िै दक पाइपलाइने जबछाने के जलए भूजम मे उपयोग के अजिकार, इस घोर्िा के प्रकािन की तारीख को, भारत

सरकार में जनजित िोने के बिाय, पाइपलाइन जबछाने का प्रस्ट्ताव करने वाली मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित

िोगा और तिुपठर, भूजम में ऐसे उपयोग का अजिकार, इस प्रकार अजिरोजपत जनबंिनों और ितों के अिीन रिते हुये, सभी

जवलंगमों से मुि, मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित िोगा।

अनुसूची

जिला : िरांग राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

मंगलिै

चौपाई

अिाका चुबुरी

616

00

02

95

जिला : सोजनतपुर

राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

ढेदकयािूली

बोरसोला

1न. नतुन जचराझुली

441

00

04

45

[फा. सं. एल – 14014/24/2023-िीपी-II (ई–47286)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 2nd February, 2024

S.O. 350.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural

Gas S.O.No.4964(E) dated the 26.10.2023 issued under sub-section (1) of section 3 of the Petroleum and Minerals

Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act),

published in the Extra Ordinary Gazette of India dated the 17.11.2023 the Government of India declared its intention

to acquire the Right of User in the land specified in the Schedule appended to that notification for the purpose of

laying pipeline for transportation of Natural Gas through GNPL section of North – East Natural Gas Pipeline Grid

Project in the state of Assam, by Indradhanush Gas Grid Limited (IGGL).

And whereas copies of the said Extraordinary Gazette notification were made available to the public.

And whereas the objections received from the public to the laying of the pipeline have been considered and

disposed by the Competent Authority.

And whereas the Competent Authority has, under sub-section (1) of section 6 of the said Act submitted its

report to the Government of India.

And whereas the Government of India after considering the said report and on being satisfied that the said

land is required for laying the pipeline, has decided to acquire right of user therein;

Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 6 of the said Act, the

Government of India hereby declares that the right of user in the land specified in the Schedule appended to this

notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the

Government of India hereby directs that the Right of User in the land for laying the pipeline shall, instead of vesting

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

761

in Government of India, vest, on this date of the publication of the declaration, in the Indradhanush Gas Grid Limited

(IGGL), free from all encumbrances.

District :Darrang

State: Assam

Circle

Mauza

Village

Dag No.

Area

Hec.

Arc

Sq.Mtr.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Mangaldai

Chapai

Ahaka Chuburi

616

00

02

95

District :Sonitpur

State: Assam

Circle

Mauza

Village

Dag

No.

Area

Hec.

Arc

Sq.Mtr.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Dhekiajuli

Borsola

1No. Natun Chirajhuli

441

00

04

45

[F No. L-14014/24/2023-GP-II (E-47286)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 2 फरवरी, 2024

का.आ. 351.—िब दक भारत सरकार को लोकजित में यि आवश्यक प्रतीत िोता िै दक असम राज्य में नाथा –

इस्ट्ट नेचुरल गैस पाइप लाइन जिड पठरयोिना के गुवािाटी–नुमालीगढ़ खंड के माध्यम से प्राकृजतक गैस के पठरविन के

जलए मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा एक पाइपलाइन जबछाई िानी चाजिए;

और भारत सरकार को उि पाइपलाइन जबछाने के प्रयोिन के जलए यि आवश्यक प्रतीत िोता िे दक उस भूजम में,

जिस मे उि पाइपलाइन जबछाए िाने का प्रस्ट्ताव िै और िो इस अजिसूचना में संलग्न अनुसूची में वर्िात िै, उपयोग के

अजिकार का अिान दकया िाए;

अतः अब, भारत सरकार, पेरोजलयम और खजनि पाइपलाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) दक िारा 3 दक उपिारा (1) द्वारा प्रित्तिजियों का प्रयोग करते हुए, उस भूजम मे

उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा करती िे;

कोई व्यजि, िो उक् त अनुसूची मे वर्िात भूजम में जितबिि िै, उस ताठरख से जिसको उि अजिजनयम की िारा 3

की उपिारा (1) के अिीन भारत के रािपत्र मे यथा प्रकाजित इस अजिसूचना की प्रजतयों सािारि िनता को उपलब्ि कर

िी िाती िै, 21 दिन के भीतर, भूजम के नीचे पाइपलाइन जबछाए िाने की संबंि मे, सक्षम प्राजिकारी, मैससा इंरिनुर् गैस

जिड जलजमटेड, असम राज्य, को जलजखत रूप में आक्षेप भेि सकेगा |

अनुसूची

जिला : जबस्ट्वानाथ

राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगामीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

जबस्ट्वानाथ

बाघमारा

मोनाबारी चाि बजगचा जबिपुखुरी एन एल

आर िान्ट नं 317/516 जचट नं 2

715

00

07

12

694

00

07

82

695

00

03

69

701

00

08

95

मोनाबारी चाि बजगचा जबिपुखुरी एन एल

43

00

06

33

762

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

आर िान्ट नं 317/516 जचट नं 1

२ नं दिजचठर पथार

452

00

21

20

जिला : सोजनतपुर

राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगामीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

चारीिुवार

गोरमारी

१ नं माजलिान बजगचा

175

00

06

94

कचमारी िान्ट

177

00

01

64

176

00

06

05

175

00

01

71

[फा. सं. –एल-14014/1/2024-िीपी-II (ई-48822)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 2nd February, 2024

S.O. 351.—Whereas it appears to the Government of India that it is necessary in public interest that for

transportation of natural gas through Guwahati – Numaligarh – GNPL Section of North - East Natural Gas Pipeline

Grid Project in the State of Assam, a pipeline should be laid by M/s Indradhanush Gas Grid Limited;

And, whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of User in the land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification;

Now, therefore, in exercise of powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, (50 of 1962) Government of India hereby

declares its intention to acquire the Right of User therein;

Any person interested in the land described in the said Schedule may, within twenty one days from the date

of which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India are made available to the general public, object in writing to the acquisition of the right of User

therein for laying of the pipeline under the land to Competent Authority, M/s Indradhanush Gas Grid Limited, State

of Assam.

SCHEDULE

District : Biswanath

State: Assam

Circle

Mouza

Name of Village

Dag No.

Area

Hectare

Are

Square

Metre

(1)

(2)

(3)

(4)

(5)

(6)

(7)

BISWANATH

BAGHMARA

MONABARI CHAH BAGICHA

BIHPUKHURI NLR GRANT NO

317/516 SH.NO. 2

715

00

07

12

694

00

07

82

695

00

03

69

701

00

08

95

MONABARI CHAH BAGICHA

BIHPUKHURI NLR GRANT NO

317/516 SH.NO. 1

43

00

06

33

2 NO DICHIRI PATHAR

452

00

21

20

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

763

District : Sonitpur

State: Assam

Circle

Mouza

Name of Village

Dag No.

Area

Hectare

Are

Square

Metre

(1)

(2)

(3)

(4)

(5)

(6)

(7)

CHARIDUAR

GOURMARI

1 NO MALIJAN BAGICHA

175

00

06

94

KAHAMARI GRANT

177

00

01

64

176

00

06

05

175

00

01

71

[F No. L-14014-1-2024-GP-II (E-48822)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 8 फरवरी, 2024

का.आ. 352.—भारत सरकार ने पेरोजलयम और खजनि पाइपलाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) जिसे इसमे इसके पश्चात उि अजिजनयम किा गया िै) की िारा 3 दक उपिारा (1) के

अिीन िारी भारत सरकार के पेरोजलयम और प्राकृजतक गैस मंत्रालय की अजिसूचना संख्या का. आ. 4986(अ) तारीख

26.10.2023 िो भारत के असािारि रािपत्र तारीख 20.11.2023 मे प्रकाजित की गई थी, द्वारा उस अजिसूचना से

संलग्न अनुसूची में जवजनर्िाष्ट भूजम में मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा असम राज्य में िेरगााँव – िीमापुर प्रकृजतक गैस

पाइपलाइन के मिायम से प्रकृजतक गैस के पठरविन के जलए पाइपलाइन जबछाने के प्रयोिन के जलए उपयोग के अजिकार

का अिान करने के अपने आिय की घोर्िा की थी;

और उि रािपजत्रत अजिसूचना की प्रजतयााँ िनता को उपलब्ि करा िी गई थी;

और सक्षम प्राजिकारी ने िनता से प्राप्त आक्षेपों को परीक्षि के उपरांत जनपटान कर दिया िै;

और सक्षम प्राजिकारी ने, उि अजिजनयम की िारा 6 की उप - िारा (1) के अिीन भारत सरकार को अपनी

ठरपोटा िे िी िै;

और भारत सरकार ने, उि ठरपोटा पर जवचार करने के पश्चात और यि संतुष्ट िो िाने पर दक उि भूजम

पाइपलाइन जबछाने के जलए अपेजक्षत िै, उसमें उपयोग के अजिकार का अिान करने का जवजनश्चय दकया िै;

अतः अब, भारत सरकार, उि अजिजनयम की िारा 6 दक उपिारा (1) द्वारा प्रित िजियों का प्रयोग करते हुये,

यि घोर्िा करती िै दक इस अजिसूचना से संलग्न अनुसूची में जवजनर्िाष्ट भूजम में पाइपलाइन जबछाने के जलए उपयोग के

अजिकार का अिान दकया िाता िै;

और भारत सरकार, उि अजिजनयम दक िारा 6 दक उपिारा (4) द्वारा प्रित िजियों का प्रयोग करते हुये, यि

जनिेि िेती िै दक पाइपलाइने जबछाने के जलए भूजम मे उपयोग के अजिकार, इस घोर्िा के प्रकािन की तारीख को, भारत

सरकार में जनजित िोने के बिाय, पाइपलाइन जबछाने का प्रस्ट्ताव करने वाली मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित

िोगा और तिुपठर, भूजम में ऐसे उपयोग का अजिकार, इस प्रकार अजिरोजपत जनबंिनों और ितों के अिीन रिते हुये, सभी

जवलंगमों से मुि, मैससा इंरिनुर् गैस जिड जलजमटेड में जनजित िोगा।

अनुसूची

जिला : िोरिाट

राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

जतताबर

जतताबर

एलेंगी

596

00

03

81

[फा. सं. एल-14014-246-2022-िीपी-II(E-45384)]

रामिीलाल मीना, अवर सजचव

764

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

New Delhi, the, 8th February, 2024

S.O. 352.—Whereas by notification of the Government of India in the Ministry of Petroleum and Natural

Gas S.O. No. 4986(E) dated 26.10.2023, issued under sub-section (1) of section 3 of the Petroleum and Minerals

Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act),

published in the Extra Ordinary Gazette of India dated the 20.11.2023, the Government of India declared its intention

to acquire the Right of User in the land specified in the Schedule appended to that notification for the purpose of

laying pipeline for transportation of Natural Gas through Dergaon-Dimapur Gas Pipeline in the state of Assam by

Indradhanush Gas Grid Limited (IGGL).

And whereas copies of the said Extraordinary Gazette notification were made available to the public.

And whereas the objections received from the public to the laying of the pipeline have been considered and

disposed by the Competent Authority.

And whereas the Competent Authority has, under sub-section (1) of section 6 of the said Act submitted its

report to the Government of India.

And whereas the Government of India after considering the said report and on being satisfied that the said

land is required for laying the pipeline, has decided to acquire right of user therein;

Now, therefore, in exercise of the powers conferred by sub-section (1) of the section 6 of the said Act, the

Government of India hereby declares that the right of user in the land specified in the Schedule appended to this

notification is hereby acquired for laying the pipeline;

And further, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, the

Government of India hereby directs that the Right of User in the land for laying the pipeline shall, instead of vesting

in Government of India, vest, on this date of the publication of the declaration, in the Indradhanush Gas Grid Limited

(IGGL), free from all encumbrances.

Schedule

District : Jorhat

State : Assam

Circle

Mouza

Gaon

Dag No

Area

Hectare

Are

Square

Metre

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Titabar

Titabar

Elengi

596

00

03

81

[F No. L-14014-246-2022-GP-II(E-45384)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 8 फरवरी, 2024

का.आ. 353.—िबदक भारत सरकार को लोकजित में यि आवश्यक प्रतीत िोता िै दक असम राज्य में नाथा - ईस्ट्ट

नेचुरल गैस पाइपलाइन जिड पठरयोिना के गुवािाटी – नुमालीगढ़ - िीमापुर खंड के माध्यम से प्राकृजतक गैस के पठरविन

के जलए मैससा इंरिनुर् गैस जिड जलजमटेड द्वारा एक पाइपलाइन जबछाई िानी चाजिए;

और भारत सरकार को उि पाइप लाइन जबछाने के प्रयोिन के जलए यि आवश्यक प्रतीत िोता िै दक उस भूजम

में, जिसमे उक् त पाइप लाइन जबछाए िाने का प्रस्ट्ताव िै और िो इस अजिसूचना में संलग्न अनुसूची में वर्िात िै, उपयोग के

अजिकार का अिान दकया िाए;

अतः अब, भारत सरकार, पेरोजलयम और खजनि पाइप लाइन (भूजम मे उपयोग के अजिकार का अिान)

अजिजनयम, 1962 (1962 का 50) दक िारा 3 दक उपिारा (1) द्वारा प्रित्त िजियों का प्रयोग करते हुए, उस भूजम मे

उपयोग के अजिकार का अिान करने के अपने आिय की घोर्िा करती िै;

कोई व्यजि, िो उक् त अनुसूची मे वर्िात भूजम में जितबिि िै, उस ताठरख से जिसको उि अजिजनयम की िारा

3 की उपिारा (1) के अिीन भारत के रािपत्र मे यथा प्रकाजित इस अजिसूचना की प्रजतयों सािारि िनता को उपलब्ि

कर िी िाती िै, 21 दिन के भीतर, भूजम के नीचे पाइप लाइन जबछाए िाने की संबंि मे, सक्षम प्राजिकारी, मैससा इंरिनुर्

गैस जिड जलजमटेड, असम राज्य, को जलजखत रूप में आक्षेप भेि सकेगा |

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

765

अनुसूची

जिला : गोलाघाट

राज्य : असम

सकाल

मौज़ा

गााँव

िाग नं

क्षेत्रफल

िेक्टेअर

आर

वगा मीटर

(1)

(2)

(3)

(4)

(5)

(6)

(7)

सरूपथार

सरूपथार

बेबेजिया

196

00

14

54

191

00

05

81

334

00

11

73

177

00

04

40

176

00

04

00

175

00

05

61

174

00

04

67

168

00

20

08

169

00

11

45

312

00

11

79

319

00

08

75

339

00

26

34

145

00

10

78

129

00

11

47

131

00

01

28

118

00

12

09

109

00

17

26

110

00

05

58

99

00

06

22

100

00

05

38

90

00

14

76

83

00

15

01

72

00

06

97

73

00

06

59

62

00

13

60

63

00

09

02

53

00

09

31

54

00

07

88

42

00

22

07

25

00

11

80

26

00

08

74

27

00

10

85

8

00

07

85

सरूपथार

सरूपथार

बोरबली

128

00

21

59

766

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

11

00

15

68

10

00

07

31

330

00

10

94

22

00

17

34

36

00

39

57

35

00

08

81

53

00

09

86

54

00

03

58

55

00

11

15

56

00

17

17

57

00

24

24

58

00

04

44

59

00

03

81

60

00

14

94

97

00

07

57

98

00

04

25

99

00

17

59

100

00

05

31

122

00

05

09

123

00

05

24

124

00

05

13

125

00

03

57

126

00

04

39

सरूपथार

बारपथार

बोडुाबी

33

00

24

44

39

00

02

51

38

00

01

03

50

00

06

26

158

00

10

92

51

00

10

76

52

00

14

93

54

00

17

45

55

00

19

90

34

00

13

09

46

00

18

31

45

00

13

79

43

00

07

09

181

00

30

67

182

00

00

91

170

00

06

88

108

00

14

16

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

767

सरूपथार

बारपथार

रेंगमा िांट

107

00

12

40

106

00

12

53

105

00

15

26

104

00

13

21

103

00

16

41

102

00

18

10

101

00

16

97

100

00

17

06

99

00

18

21

98

00

11

41

97

00

05

65

91

00

09

21

92

00

14

88

93

00

13

66

94

00

16

27

95

00

18

74

96

00

15

40

167

00

08

53

111

00

05

03

112

00

07

14

87

00

01

03

89

00

00

34

90

00

04

61

136

00

01

39

[फा. सं. एल -14014-251-2022-िीपी-II (ई - 45398)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 8th February, 2024

S.O. 353.—Whereas it appears to the Government of India that it is necessary in public interest that for

transportation of natural gas through Guwahati – Numaligarh – Dimapur Section of North - East Natural Gas Pipeline

Grid Project in the State of Assam, a pipeline should be laid by M/s Indradhanush Gas Grid Limited;

And, whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of User in the land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification;

Now, therefore, in exercise of powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, (50 of 1962) Government of India hereby

declares its intention to acquire the Right of User therein;

Any person interested in the land described in the said Schedule may, within twenty-one days from the date

of which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India are made available to the general public, object in writing to the acquisition of the right of User

therein for laying of the pipeline under the land to Competent Authority, M/s Indradhanush Gas Grid Limited, State

of Assam.

768

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

SCHEDULE

District: Golaghat

State: Assam

Circle

Mouza

Name of Village

Dag

No.

Area

Hectare

Are

Square

Metre

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Sarupathar

Sarupathar

Bebejia

196

00

14

54

191

00

05

81

334

00

11

73

177

00

04

40

176

00

04

00

175

00

05

61

174

00

04

67

168

00

20

08

169

00

11

45

312

00

11

79

319

00

08

75

339

00

26

34

145

00

10

78

129

00

11

47

131

00

01

28

118

00

12

09

109

00

17

26

110

00

05

58

99

00

06

22

100

00

05

38

90

00

14

76

83

00

15

01

72

00

06

97

73

00

06

59

62

00

13

60

63

00

09

02

53

00

09

31

54

00

07

88

42

00

22

07

25

00

11

80

26

00

08

74

27

00

10

85

8

00

07

85

Sarupathar

Sarupathar

Borbali

128

00

21

59

11

00

15

68

10

00

07

31

330

00

10

94

22

00

17

34

36

00

39

57

35

00

08

81

53

00

09

86

54

00

03

58

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

769

55

00

11

15

56

00

17

17

57

00

24

24

58

00

04

44

59

00

03

81

60

00

14

94

97

00

07

57

98

00

04

25

99

00

17

59

100

00

05

31

122

00

05

09

123

00

05

24

124

00

05

13

125

00

03

57

126

00

04

39

Sarupathar

Barpathar

Bordubi

33

00

24

44

39

00

02

51

38

00

01

03

50

00

06

26

158

00

10

92

51

00

10

76

52

00

14

93

54

00

17

45

55

00

19

90

34

00

13

09

46

00

18

31

45

00

13

79

43

00

07

09

181

00

30

67

182

00

00

91

170

00

06

88

Sarupathar

Barpathar

Rengma Grant

108

00

14

16

107

00

12

40

106

00

12

53

105

00

15

26

104

00

13

21

103

00

16

41

102

00

18

10

101

00

16

97

100

00

17

06

99

00

18

21

98

00

11

41

97

00

05

65

91

00

09

21

92

00

14

88

93

00

13

66

94

00

16

27

95

00

18

74

770

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

96

00

15

40

167

00

08

53

111

00

05

03

112

00

07

14

87

00

01

03

89

00

00

34

90

00

04

61

136

00

01

39

[F No. L-14014-251-2022-GP-II (E-45398)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 8 फरवरी, 2024

का.आ. 354.—Hkkjr ljdkj us isVªksfy;e vkSj [kfut ikbiykbu ¼Hkwfe eas mi;ksx ds vf/kdkj dk vtZu½

vf/kfu;e] 1962 ¼1962 dk 50½ ¼ftls blesa blds i'kpkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 3 dh mi/kkjk

¼1½ ds v/khu tkjh Hkkjr ljdkj ds isVªksfy;e vkSj izkd`frd xSl ea=ky; dh vf/klwpuk la[;k dk-vk- 3031¼v½

rkjh[k 28-06-2023 tks Hkkjr ds vlk/kkj.k jkti= rkjh[k 07-07-2023] esa izdkf'kr dh x;h Fkh] n~okjk ml

vf/klwpuk ls layXu vuqlwph esa fofufnZ’V Hkwfe esa xsy ¼bf.M;k½ fyfeVsM n~okjk egkjk’Vª jkT; esa eqacbZ & ukxiwj

& >kjlqxqMk izkd`frd xSl ikbiykbu ds [kaM ukxiwj & tcyiqj ikbiykbu ds ek/;e ls izkd`frd xSl ds

ifjogu ds fy, ikbiykbu fcNkus ds iz;kstu ds fy, mi;ksx ds vf/kdkj dk vtZu djus ds vius vk'k; dh

?kks’k.kk dh Fkh(

vkSj mDr jkti= vf/klwpuk dh izfr;ka turk dks miyC/k djk nh xbZ Fkh(

vkSj l{ke izkf/kdkjh us turk ls izkIr vk{ksiksa dks ijh{k.k ds mijkar fuiVku dj fn;k gS(

vkSj l{ke izkf/kdkjh us] mDr vf/kfu;e dh /kkjk 6 dh mi/kkjk ¼1½ ds v/khu Hkkjr ljdkj dks

viuh fjiksVZ ns nh gS(

vkSj Hkkjr ljdkj us] mDr fjiksVZ ij fopkj djus ds i'kpkr~ vkSj ;g larq’V gks tkus ij fd mDr Hkwfe

ikbiykbu fcNkus ds fy, visf{kr gS] ml esa mi;ksx ds vf/kdkj dk vtZu djus dk fofu”p; fd;k gS(

vr% vc] Hkkjr ljdkj] mDr vf/kfu;e dh /kkjk 6 dh mi/kkjk ¼1½ n~okjk iznRr “kfDr;ksa dk

iz;ksx djrs gq,] ;g ?kks’k.kk djrh gS fd bl vf/klwpuk ls layXu vuqlwph esa fofufnZ’V Hkwfe esa ikbiykbu fcNkus

ds fy, mi;ksx ds vf/kdkj dk vtZu fd;k tkrk gS(

vkSj] Hkkjr ljdkj] mDr vf/kfu;e dh /kkjk 6 fd mi/kkjk ¼4½ n~okjk iznRr “kfDr;ksa dk iz;ksx

djrs gq,] funs'k nsrh gS fd ikbiykbu fcNkus ds fy, Hkwfe esa mi;ksx dk vf/kdkj] bl ?kks’k.kk ds izdk'ku dh

rkjh[k ls] Hkkjr ljdkj esa fufgr gksus ds ctk,] lHkh foYyaxeksa ls eqDr gksdj] xsy ¼bf.M;k½ fyfeVsM esa fufgr

gksxkA

अनुसूची

िबलपुर

ukxiwj

dGach

72

00

11

78

71

00

16

05

74

00

02

73

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

771

77

00

27

75

110

00

30

88

112

00

25

25

129

00

26

81

131

00

16

96

132

00

24

06

137

00

01

93

136

00

13

98

133

00

14

57

134

00

12

66

107

00

19

41

108

00

21

10

112

00

34

79

111

00

00

11

114

00

51

89

101

00

01

73

100

00

26

25

95

00

11

42

97

00

22

02

91

00

03

96

98

00

05

53

[फा. सं. एल – 14014/226/2021-िीपी-II (ई–41026)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 8th February, 2024

S.O. 354.—Whereas by Notification of Government of India, in Ministry of Petroleum & Natural Gas vide

S.O.No 3031(E) dated 28.06.2023; issued under sub - section (1) of section 3 of the Petroleum & Minerals Pipelines

(Acquisition of right of users in land) Act, 1962 (50 of 1962), (hereinafter referred to as the said Act), published in the

Extra Ordinary Gazette of India dated 07.07.2023, the Government of India declared its intention to acquire the right

of user in the lands specified in the Schedule appended to that notification for the purpose of laying Pipeline for

transportation of natural gas through Mumbai – Nagpur – Jharsuguda (Section:- Nagpur - Jabalpur) pipeline in the

State of Maharashtra by GAIL (India) Limited;

And whereas copies of the said Gazette notification were made available to the public;

And whereas the objections received from the public to the laying of the pipeline have been considered of by

the Competent Authority;

And whereas the Competent Authority has, under sub-section (1) of section (6) of the said Act, submitted its

report to Government of India;

And whereas Government of India after considering the said report and on being satisfied that the said land

is required for laying the pipeline, has decided to acquire the Right of User therein;

Now, therefore, in exercise of the powers conferred by sub section (1) of section (6) of the said Act, the

Government of India hereby declares that the Right of User in the said lands specified in the Schedule appended to

this notification is hereby acquired for laying the pipeline;

And, further, in exercise of powers conferred by sub section (4) of the Section (6) of the said Act,

Government of India hereby directs the Right of User in the land for laying the pipeline shall, instead of vesting in

Government of India, vest, on the this date of the publication of the declaration, in the GAIL (India) Limited, free

from all encumbrances.

772

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

SCHEDULE

[F No. L-14014/226/2021-GP-II (E-41026)]

RAMJI LAL MEENA, Under Secy.

Mumbai-Nagpur-Jharsuguda Natural Gas Pipeline

Section - Nagpur - Jabalpur

State : Maharashtra

District

Taluka

Village

Survey No.

Area

Hect.

Are

Sq. mtr.

1

2

3

4

5

Nagpur

Kalmeshwar

Kalambi

72

00

11

78

71

00

16

05

74

00

02

73

77

00

27

75

110

00

30

88

112

00

25

25

129

00

26

81

131

00

16

96

132

00

24

06

137

00

01

93

136

00

13

98

133

00

14

57

134

00

12

66

Nagpur

Kalmeshwar

Shahajapur (Rithi)

107

00

19

41

108

00

21

10

112

00

34

79

111

00

00

11

114

00

51

89

101

00

01

73

100

00

26

25

95

00

11

42

97

00

22

02

91

00

03

96

98

00

05

53

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

773

नई दिल्ली, 8 फरवरी, 2024

का.आ. 355.—िबदक भारत ljdkj dks yksdghr esa ;g vko';d प्रतीत िोता gS fd

jkT; esa

मुंबई-नागपुर&झारसुगुड़ा नेचरल गैस पाइपलाइन खंड नागपुर& झारसुगुड़ा ikbiykbu खंड के माध्यम से प्राकृजतक गैस

के पठरविन के जलए मेससा गेल (इंजडया) जलजमटेड }kjk एक पाइपलाइन fcNkbZ tkuh pkfg,A

vkSj भारत ljdkj dks उि ikbi ykbu fcNkus ds iz;kstu ds fy, यि vko';d प्रतीत िोता िे दक ml

Hkwfe ftlesa mDr ikbi ykbu fcNk, tkus dk izLrko gS] bl vf/klwpuk ls सलग्ग्ग्न vuqlwph esa of.kZr Hkwfe ds

mi;ksx vf/kdkj dk vtZu दकया िाए;

vr% vc भारत ljdkj isVªksfy;e vkSj [kfut ikbi ykbu ¼Hkwfe esa mi;ksx ds vf/kdkj dk vtZu½

vf/kfu;e 1962 ¼1962 का 50½ dh /kkjk 3 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, उस भूजम मेsa

mi;ksx ds vf/kdkj dk vtZu djus ds vius vk’k; dh ?kks"k.kk djrh gSA

कोई व्यजि, िो mDr vuqlwph मे of.kZr Hkwfe esa fgrc) िै ,उस तारीख से जिसको उि अजिजनयम की िारा 3

की उपिारा (1) के अिीन भारत के jkti= esa ;Fkk izdkf’kr bl vf/klwpuk dh izfrयो lk/kkj.k turk dks miyC/k

dj िी िाती िै, 21 fnu ds Hkhrj ml Hkwfe के नीचे ikbiykbu जबछाए िानेs की lEca/k esa l{ke izkf/kdkjh

Hkqlaiknu ¼,e-,u-ts-ih-,y- izdYi½ xsy ¼bafM;k½ fyfeVsM] 100] jk.kk gkÅl] 2 jk ekGk] bZLV gk;dksVZ jksM]

jkenklisB] ukxiwj & 440010 को जलजखत रूप मे vk{ksi भेि ldsxkA

अनुसूची

[फा. सं. एल – 14014/82/2022-िीपी-II (ई–42552)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 8th February, 2024

S.O. 355.—Whereas it appears to Government that it is necessary in the public interest that for

transportation of Natural Gas through Mumbai – Nagpur – Jharsuguda Natural Gas Pipeline Section of Nagpur –

Jharsuguda in the state of Maharashtra, a pipeline should be laid by M/s. GAIL (India) Limited.

Ashphalted Road

Drain

774

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

And whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of user in land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipeline (Acquisition of Right of User in Land) Act 1962 (50 of 1962), Government of India hereby declares

its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule, may within twenty-one days from the date

on which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India, are made available to the General Public, object in writing to the acquisition of the right of used

therein or laying of the pipeline under the land to the Competent Authority Land Acquisition, (M.N.J.P.L. Project)

GAIL (India) Limited, 100, Rana House, 2nd Floor, East High Court Road, Ramdas Peth, Nagpur 440010.

SCHEDULE

[F No. L-14014/82/2022-GP-II (E-42552)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 8 फरवरी, 2024

का.आ. 356.—िबदक भारत

प्रतीत िोता

मुंबई-नागपुर

झारसुगुड़ा नेचरल गैस पाइपलाइन खंड नागपुर&िबलपुर

खंड के माध्यम से प्राकृजतक गैस

के पठरविन के जलए मेससा गेल (इंजडया) जलजमटेड

एक पाइपलाइन

भारत

उि

यि

प्रतीत िोता िे दक

सलग्ग्ग्न

दकया िाए

भारत

1962

1962 का 50

उस भूजम मेsa

कोई व्यजि, िो

मे of.kZr Hkwfe esa fgrc) िै, उस तारीख से जिसको उि अजिजनयम की िारा 3

की उपिारा (1) के अिीन भारत के

यो

िी िाती िै

के नीचे

जबछाए िानेs की

Mumbai-Nagpur-Jharsuguda Natural Gas Pipeline

Section - Nagpur – Jharsuguda

State: Maharashtra

District

Taluka

Village

Survey No.

Area

Hect.

Are

Sq. mtr.

1

2

3

4

5

Bhandara

Tumsar

Koshti

27

00

14

74

16

00

14

91

15

00

28

31

13

00

29

19

Ashphalted Road

00

01

98

314

00

10

50

313

00

14

84

312

00

02

64

315

00

31

82

Drain

00

11

34

318

00

15

78

317

00

03

40

319

00

03

20

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

775

को जलजखत रूप मे

भेि

अनुसूची

[फा. सं. एल – 14014/34/2023-िीपी-II (ई–48282)]

रामिीलाल मीना, अवर सजचव

New Delhi, the, 8th February, 2024

S.O. 356.—Whereas it appears to Government that it is necessary in the public interest that for

transportation of Natural Gas through Mumbai–Nagpur–Jharsuguda Natural Gas Pipeline Section of Nagpur–

Jabalpur in the state of Maharashtra, a pipeline should be laid by M/s. GAIL (India) Limited.

And whereas it appears to Government of India that for the purpose of laying the said pipeline, it is

necessary to acquire the Right of user in land under which the said pipeline is proposed to be laid and which is

described in the Schedule annexed to this notification

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the Petroleum and

Minerals Pipeline (Acquisition of Right of User in Land) Act 1962 (50 of 1962), Government of India hereby declares

its intention to acquire the right of user therein;

Any person interested in the land described in the said schedule, may within twenty-one days from the date

on which the copies of the notification issued under sub-section (1) of Section 3 of the said Act, as published in the

Gazette of India, are made available to the General Public, object in writing to the acquisition of the right of used

therein or laying of the pipeline under the land to the Competent Authority Land Acquisition, (M.N.J.P.L. Project)

GAIL (India) Limited, 100, Rana House, 2nd Floor, East High Court Road, Ramdaspeth, Nagpur 440010.

SCHEDULE

4

195

196

Cart Track

191/1

190

189

NALA

Mumbai-Nagpur-Jharsuguda Natural Gas Pipeline

Section - Nagpur - Jabalpur

State : Maharashtra

District

Taluka

Village

Survey No.

Area

Hect.

Are

Sq. mtr.

1

2

3

4

5

Nagpur

Hingna

Panjari

195

00

37

41

196

00

14

84

776

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

[F No. L-14014/34/2023-GP-II (E-48282)]

RAMJI LAL MEENA, Under Secy.

नई दिल्ली, 14 फरवरी, 2024

का.आ. 357.—केंर सरकार तेल उद्योग (जवकास) अजिजनयम, 1974 (1974 का 47) की िारा 3 की उप-िारा

(3) (ख) द्वारा प्रित्त िजियों का प्रयोग करते हुए सुश्री पल्लवी िैन गोजव मिाजनिेिक, िाइड्रोकाबान मिाजनिेिालय

(डीिीएच) और श्री अलोक िमाा, जनिेिक (अनु.एवं जव.), इंजडयन ऑयल कॉपोरेिन जलजमटेड (आईओसीएल) को

दिनांक 13.02.2024 से 12.02.2026 तक या अगले आिेिों तक, िो भी पिले िो, तेल उद्योग जवकास बोडा के सिस्ट्य के

रूप में एततद्वारा जनयुि करती िै।

[फा. सं. िी-38011/41/2016-जवत्त.I/ओएनिी-I]

अजमत बंसल, उप सजचव

New Delhi, the, 14th February, 2024

S.O. 357.—In exercise of the Powers conferred by Sub-Section (3)(b) of Section 3 of the Oil Industry

(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Ms. Pallavi Jain Govil, Director

General, Directorate General of Hydrocarbons (DGH) and Shri Alok Sharma, Director (R&D), Indian Oil

Corporation Limited (IOCL) as a Member of the Oil Industry Development Board w.e.f. 13.02.2024 to 12.02.2026 or

until further orders, whichever is earlier.

[F. No. G-38011/41/2016-F.I/ONG.I]

AMIT BANSAL, Dy. Secy.

श्रम एवं रोिगार मंत्रालय

नई दिल्ली, 2 फरवरी, 2024

का.आ. 358.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj ds प्रिासन. कमांडर, स्ट्टेिन िेड क् वाटार, सैन्य क्षेत्र, पठटयाला; श्री पवन कुमार बिाि ठेकेिार जनवासी

एल.आई.िी. 175, अबान एस्ट्टेट, फेज़-I, पठटयाला,

गुरजमत कौर, कामगार,

. 1

(

116/2016) izdkf”kr djrh gS

[फा. सं. ,y -12025/01/2024- vkbZ vkj (ch-I)-60]

सलोनी, उप जनिेिक

MINISTRY OF LABOUR

New Delhi, the, 2nd February, 2024

S.O. 358.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 116/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour Court –I

Chandigarh as shown in the Annexure, in the industrial dispute between the management of The Admn. Commander,

Station Head Quarter, Military Area, Patiala; Shri Pawan Kumar Bajaj Contractor R/o L.I.G. 175, Urban Estate,

Phase-I, Patiala, and Gurmit Kaur.Worker.

[F No. L-12025/01/2024- IR(B-I)-60]

SALONI, Dy. Director

Cart Track

00

07

30

191/1

00

04

16

190

00

07

48

189

00

23

68

NALA

00

04

97

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

777

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.

Present: Sh. Kamal Kant, Presiding Officer-cum-Link Officer, Chandigarh.

ID No.116/2016

Registered On:-11/11/2016

Gurmit Kaur W/o Dhian Singh R/o V.P.O. Passiana Tehsil & Distt. Patiala. C/o Harpreet Singh Resident-cum-Office

of Street No.12, Rishi Colony, Patiala (Punjab).

...........Workman

Versus

1.

The Admn. Commander, Station Head Quarter, Military Area, Patiala.

2.

Sh. Pawan Kumar Bajaj Contractor R/o L.I.G. 175, Urban Estate, Phase-I, Patiala.

........Respondents

Award

Passed On:-19.12.2023

1.

The workman Smt. Gurmit Kaur has directly filed statement of claim under Section 2-A of the Industrial

Disputes Act, 1947(hereinafter called the Act), with a prayer to reinstate the workman with back wages.

2.

During the pendency of the proceedings before this Tribunal the case was fixed for evidence of workman but

none is responding on its behalf. Several opportunities have already been given to the workman for evidence but of no

use which denotes that the workman is not interested in adjudication of the matter on merits.

3.

Since the workman has neither put his appearance since long nor he has led any evidence to prove his cause

against the management as such, this Tribunal is left with no choice except to pass a ‘No Claim Award’. Accordingly,

no claim award is passed in the present case for non-prosecution of workman. File after completion be consigned in

the record room.

4.

Let copy of this award be sent to Central Government for publication as required under Section 17 of the ID

Act, 1947.

KAMAL KANT, PO-cum-Link Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 359.—औद्योजगक जववाि अजिजनयम (1947 का 14) की िारा 17 के अनुसरि में, केन्रीय सरकार

जनिेिक, उष्िकठटबंिीय वन अनुसंिान संस्ट्थान, पी.ओ.आर.एफ.आर.सी., मंडला रोड, िबलपुर- (मध्य प्रिेि); मेससा

आयान जसक्योठरटी सर्वास, कोलार रोड, भोपाल- (मध्य प्रिेि), के प्रबंितंत्र के संबद्ध जनयोिकों और

श्री सुरेंर जवश्वकमाा,कामगार, के बीच अनुबंि में जनर्िाष्ट केन्रीय सरकार

िबलपुर पंचाट (संिभा संख्या CGIT/LC/R/76/2021) को िैसा दक अनुलग्नक में दिखाया गया िै, प्रकाजित करती िै

िो केन्रीय सरकार को सॉफ्ट कॉपी के साथ 07.02.2024 को प्राप्त हुआ था l

[फा. सं. एल- 42025-07-2024-29- आईआर-(डीयू)]

दिलीप कुमार, अवर सजचव

New Delhi, the, 14th February, 2024

S.O. 359.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. CGIT/LC/R/76/2021) of the Central Government

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

employers in relation to The Director, Tropical Forest Research Institute, P.O.R.F.R.C., Mandla Road,

Jabalpur- (Madhya Pradesh); M/s Aryan Security Service, Kolar Road, Bhopal- (Madhya Pradesh), and

Shri Surendra Vishwakarma, Worker, which was received along with soft copy of the award by the Central

Government on 07.02.2024.

[F No. L- 42025-07-2024-29- IR (DU]

DILIP KUMAR, Under Secy.

778

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/76/2021

Present: P. K. Srivastava

H.J.S..( Retd)

Shri Surendra Vishwakarma,

R/o. Village – Silua,

Jabalpur ( Madhya Pradesh ) – 482 021.

Workman

Versus

The Director,

Tropical Forest Research Institute.

PO – R.F.R.C., Mandla Road,

Jabalpur (Madhya Pradesh)- 482 021.

M/s.Aryan Security Service,

Rep. by Smt. Manorma Singh, Proprietor,

SO-02, 2nd Floor, Windsor Plaza, Plot No.-47,

Sector-A, Banjari Housing Co-op-society,

In front of Bank of Baroda, Kolar Road,

Bhopal (Madhya Pradesh)- 462 042.

Management

AWARD

(Passed on this 03rd day of January-2024)

As per letter dated 29/10/2021 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 reference number

J-1(4-5)/2021 –IR dt. 29/10/2021. The dispute under reference related to:-

"Whether the action of the management of T.F.R.I., Jabalpur of terminating the services of

Shri Surendra Vishwakarma, who was engaged through M/s.Aryan Security Service, is legal and justified? If

not, what relief Shri Surendra Vishwakarma is entitled to?"

After registering the case on reference received, Notices were sent to the parties and were duly served on

them. In Spite of service of notices, the workman was never appeared nor did he file any statement of claim,

management also did not file any written statement of defense. Although management was present several time.

Since None of the parties filed any pleading nor did file any evidence, holding the claim of workman not

proved the reference deserves to be answered against workman and is answered accordingly.

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 360.—औद्योजगक जववाि अजिजनयम, (1947 का 14) की िारा 17 के अनुसरि में, केन्रीय सरकार

जनिेिक, उष्िकठटबंिीय वन अनुसंिान संस्ट्थान, पी.ओ.आर.एफ.आर.सी., मंडला रोड, िबलपुर- (मध्य प्रिेि); मेससा

आयान जसक्योठरटी सर्वास, कोलार रोड, भोपाल- (मध्य प्रिेि), के प्रबंितंत्र के संबद्ध जनयोिकों और श्री कुंिी लाल,

कामगार, के बीच अनुबंि में जनर्िाष्ट केन्रीय सरकार

िबलपुर पंचाट(संिभा

संख्या CGIT/LC/R/75/2021) को िैसा दक अनुलग्नक में दिखाया गया िै, प्रकाजित करती िै िो केन्रीय सरकार को

सॉफ्ट कॉपी के साथ 07.02.2024 को प्राप्त हुआ था l

[सं. एल-42025/07/2024-28-आईआर-(डीयू)]

दिलीप कुमार, अवर सजचव

New Delhi, the, 14th February, 2024

S.O. 360.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. CGIT/LC/R/75/2021) of the Central Government Industrial

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

relation to The Director, Tropical Forest Research Institute, P.O.R.F.R.C., Mandla Road, Jabalpur- (Madhya

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

779

Pradesh); M/s Aryan Security Service, Kolar Road, Bhopal- (Madhya Pradesh), and Shri Kunji Lal, Worker,

which was received along with soft copy of the award by the Central Government on 07.02.2024.

[No. L-42025/07/2024-28 IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/75/2021

Present: P.K.Srivastava

H.J.S..( Retd)

Shri Kunji Lal,

R/o.Gauraiya Ghat, Gaur,

Jabalpur (Madhya Pradesh)-482 021.

Workman

Versus

The Director,

Tropical Forest Research Institute.

POR.F.R.C., Mandla Road,

Jabalpur (Madhya Pradesh)-482 021.

M/s.Aryan Security Service,

Rep. by Smt. Manorma Singh, Proprietor,

SO-02, 2nd Floor, Windsor Plaza, Plot No.-47,

Sector-A, Banjari Housing Co-op-society,

In front of Bank of Baroda, Kolar Road,

Bhopal (Madhya Pradesh)-462 042.

Management

AWARD

(Passed on this 03Th day of January-2024.)

As per letter dated 29/10/2021 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 reference number J-1(4-

4)/2021-IR dt. 29/10/2021. The dispute under reference related to :-

"Whether the action of the management of T.F.R.I., Jabalpur of terminating the services of Shri Kunji

Lal, who was engaged through M/s.Aryan Security Service, is legal and justified? If not, what relief

Shri Kunji Lal is entitled to?"

After registering the case on reference received, Notices were sent to the parties and were duly served on them. In

Spite of service of notices, the workman was never appeared nor did he file any statement of claim, management also

did not file any written statement of defense. Although management was present several time.

Since None of the parties filed any pleading nor did file any evidence, holding the claim of workman not proved the

reference deserves to be answered against workman and is answered accordingly.

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 361.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj िम्मू और कश्मीर बैंक जलजमटेड ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] चंडीगढ़-I ds iapkV (

84/2019) dks izdkf”kr djrh gSA

[सं.

-12012/33/2019-vkbZ- vkj- (बी-I)]

सलोनी, उप जनिेिक

780

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

New Delhi, the, 14th February, 2024

S.O. 361.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 84/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Jammu

and Kasmir Bank Limited and their workmen.

[No. L-12012/33/2019-IR(B-I)]

SALONI, Dy. Director

ANNEXURE

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

CHANDIGARH.

Present: Sh. J.K. Tripathi, Presiding Officer.

ID No.84/2019

Registered On:-13.01.2020

Shri Balbir Krishan S/o Shri Pishori Lal, House No.108, Sector-1, Sharika Vihar, Lower Roop Nagar-180013.

….…..Workmen

Versus

The Chairman, Jammu and Kashmir Bank Limited, Corporate Head Quarters, M.A. Road, Srinagar(J&K)-190008.

…..Management

AWARD

Passed on:-15.09.2023

Central Government vide Notification No. L-12012/33/2019-IR(B-I) Dated 30.12.2019, under clause (d) of

sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act),

has referred the following Industrial dispute for adjudication to this Tribunal:-

“Whether the action of management of The Chairman, Jammu and Kashmir Bank Limited,

Corporate Headquarters, M.A. Road, Srinagar(J&K) in not regularizing the services of workman

w.e.f. the date of their joining (As per annexure enclosed) is just, fair and legal? If not to what relief

the workman is entitled to and from which date?”

1.

During the pendency of the proceedings before this Tribunal on 15.09.2023, the case is fixed for filing claim

statement by the workman. One of the workmen Sh. Balbir Krishan S/o Sh. Pishori Lal, R/o H.No.108, Sector 1,

Sharika Vihar, Near Airtel Tower, Lower Roop Nagar, Jammu Tawi, Jammu and Kashmir-180013 has filed an

application for withdrawal of the case and he has also made a statement for withdrawal of the case which is recorded

separately. Hence, there is no need to proceed with the matter further.

2.

In view of the application moved by Sh. Balbir Krishan, one of workmen, the present reference made by the

Ministry is dismissed as withdrawn. The application moved by Sh. Balbir Krishan, one of workmen as well as the

statement made by him before the Tribunal shall remain the integral part of the Award.

3.

Let copy of the award be sent to the Central Government for publication of the same as required under

Section 17(2) of the Act.

J. K. TRIPATHI, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 362.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj

भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

नंबर 2] चंडीगढ़ ds iapkV (

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[सं. एल-22011/32/2010-आई. आर.(सीएम-II)]

मजिकंिन, उप जनिेिक

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

781

New Delhi, the, 14th February, 2024

S.O. 362.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.112/2011) of the Central Government Industrial Tribunal-

cum-Labour Court NO 2, Chandigarh as shown in the Annexure, in the industrial dispute between the

Management of Food Corporation of India and their workmen, received by the Central Government on 12/02/2024.

[No. L-22011/32/2010-IR(CM-II)]

MANIKANDAN N., Dy. Director

ANNEXURE

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

CHANDIGARH.

Present: Mr. Kamal Kant, Presiding Officer.

ID No.112/2011

Registered on:-21.02.2011

Sh. Som Nath, S/o Sh. Pangu Ram, R/o Chowki Chowra, Tehsil Akhnoor, District Jammu.

….…..Workman

Versus

1.

Food Corporation of India through its Senior Regional Manager, Regional Office, Jammu.

2.

Food Corporation of India, through its Regional Manager, Regional Office, Jammu.

.....…Respondents/Managements

AWARD

Passed on:-15.11.2023

Central Government vide Notification No.L-22011/32/2010-IR(CM-II), Dated 27.01.2011, under clause (d)

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

following Industrial dispute for adjudication to this Tribunal:-

“Whether the action of the management of Food Corporation of India in terminating the services of

Shri Om Prakash S/o Sh. Ram Saran R/o Ward No.9, House No.36, Bishnah, Distt. Jammu(J&K) w.e.f.

01.10.2002 is legal and justified? To what relief the workman is entitled to and from which date?

1.

The brief facts relevant for deciding this claim petition as per the claim of workman are that the workman was

appointed as Security Guard in the year 1996 initially on contractual basis in the Food Corporation of India at its

Regional and District Office, Jammu. The workman continued without any break till his termination in the month of

September 2002 by the respondents illegally and wrongfully. In terms of the 2001(7) SCC pg 1, the workman is

required to be regularized as the contract governing the service of the workman was found to be in genuine. The

workman is well within its rights to seek absorption in the corporation in view of the fact that even after coming to

know about the contractor not holding a valid license, the corporation continued with the services of the workman till

his illegal termination in the year 2002. The mandatory provisions of labour laws which the respondent-corporation

was under an obligation to observe have not been complied with. The services of the workman have been terminated

on the pretext of his being the contract labour whereas the corporation had been paying salary directly in favour of the

workman which is evident from the cheques issued by the corporation in favour of the workman on account of the

salary payable to the workman. The workman was working for the respondent-management directly under its

supervision and control which is evident from the fact that the management was directly making payment to the

workman and was also operating and maintaining an attendance register for this purpose. The respondent-management

have acted illegally on their self-contrived ideas in treating the workman as a contractual employee. The respondent-

management was under a statutory obligation to put the workman herein to a prior notice and afford them with a

reasonable opportunity of being heard before passing any harsh order against the workman. It is therefore most

respectfully prayed that the order dated 27.09.2002 passed by the respondent-management in terminating the services

of the workman without adopting due course of law be quashed.

2.

The management has filed written statement, alleging therein that the workman was not appointed by the

respondent-management as alleged by him but the fact is that the workman came to be engaged through H. Rehman

Security Service of India a contractor for his service as security guard in Food Corporation of India and his status

remained as a contractual labourer employed by the contractor and not by respondents in any case. The amount of Rs.

1500/- is the amount to be paid to the workman by the contractor and not by Food Corporation of India in terms of the

written contract entered into between the contractor and the Food Corporation of India and this payment made to the

782

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

workman was not the salary paid to the workman by the respondent-management. If there is some sort of violation of

the licensing provisions it does not confer any right upon the workman to claim himself as an employee of the

respondents. The workman was the employee of the contractor from whom respondents hired his services in FCI and

he was never appointed in any capacity by the respondents. There was no relationship of employee and employer

between the workman and respondent-management at any time so question of his claim as alleged in this petition does

not arise at all and relief as prayed for or of like nature or otherwise cannot be granted to the workman by this Hon'ble

Court. It is therefore, prayed that petition of the workman may kindly be dismissed with costs.

3.

On 15.11.2023 the case was fixed for evidence of management. Learned counsel for management has

submitted that no evidence of management is required as the workman has not lead any evidence and the opportunity

of the workman for evidence was closed by the Predecessor of this Tribunal on 09.03.2020. On perusal of the file, it is

found that the submissions made by the learned counsel for management are true. Today also none has to come to

prosecute the case on behalf of the workman which shows that the workman is not interested in adjudication of the

matter on merit.

4.

Since the workman has neither put his appearance for long nor he has filed any evidence to prove his cause

against the respondents/managements, as such, this Tribunal is left with no choice, except to pass a ‘No Claim Award’.

Accordingly, ‘No Claim Award’ is passed in the present reference.

5.

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

publication.

KAMAL KANT, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 363.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj

भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

नंबर 2] चंडीगढ़ ds iapkV (

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[फा. एल-22011/33/2010-आई. आर.(सीएम-II)]

मजिकंिन, उप जनिेिक

New Delhi, the, 14th February, 2024

S.O. 363.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.115/2011) of the Central Government Industrial Tribunal-

cum-Labour Court NO 2, Chandigarh as shown in the Annexure, in the industrial dispute between the

Management of Food Corporation of India and their workmen, received by the Central Government on 12/02/2024

[No. L-22011/33/2010-IR(CM-II)]

MANIKANDAN N., Dy. Director

ANNEXURE

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

CHANDIGARH.

Present: Mr. Kamal Kant, Presiding Officer.

ID No. 115/2011

Registered on:-21.02.2011

Sh. Sat Pal, S/o Sh. Manga Ram, R/o Dablehar, Tehsil R.S. Pura, District Jammu.

….…..Workman

Versus

1. Food Corporation of India through its Senior Regional Manager, Regional Office, Jammu.

2. Regional Manager, Food Corporation of India, Regional Office, Jammu.

.....…Respondents/Managements

AWARD

Passed on:-15.11.2023

Central Government vide Notification No.L-22011/33/2010-IR(CM-II), Dated 27.01.2011, under clause (d)

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

following Industrial dispute for adjudication to this Tribunal:-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

783

“Whether the action of the management of Food Corporation of India in terminating the services of

Shri Sat Pal S/o Sh. Manga Ram R/o Dablehar, Tehsil R.S. Pura, Distt. Jammu(J&K) w.e.f. 01.10.2002

is legal and justified? To what relief the workman is entitled to and from which date?

1.

The brief facts relevant for deciding this claim petition as per the claim of workman are that the workman

was appointed as Security Guard in the year 1996 initially on contractual basis in the Food Corporation of India at

District Office and Godown at Nagrota, State of J&K. The workman continued without any break till his termination

in the month of September 2002 by the respondents illegally and wrongfully. In terms of the 2001(7) SCC pg 1, the

workman is required to be regularized as the contract governing the service of the workman was found to be in

genuine. The workman is well within its rights to seek absorption in the corporation in view of the fact that even after

coming to know about the contractor not holding a valid license, the corporation continued with the services of the

workman till his illegal termination in the year 2002. The mandatory provisions of labour laws which the respondent-

corporation was under an obligation to observe have not been complied with. The services of the workman have been

terminated on the pretext of his being the contract labour whereas the corporation had been paying salary directly in

favour of the workman which is evident from the cheques issued by the corporation in favour of the workman on

account of the salary payable to the workman. The workman was working for the respondent-management directly

under its supervision and control which is evident from the fact that the management was directly making payment to

the workman and was also operating and maintaining an attendance register for this purpose. The respondent-

management have acted illegally on their self-contrived ideas in treating the workman as a contractual employee. The

respondent-management was under a statutory obligation to put the workman herein to a prior notice and afford them

with a reasonable opportunity of being heard before passing any harsh order against the workman. It is therefore most

respectfully prayed that the order dated 27.09.2002 passed by the respondent-management in terminating the services

of the workman without adopting due course of law be quashed.

2.

The management has filed written statement, alleging therein that the workman was not appointed by the

respondent-management as alleged by him but the fact is that the workman came to be engaged through H. Rehman

Security Service of India a contractor for his service as security guard in Food Corporation of India and his status

remained as a contractual labourer employed by the contractor and not by respondents in any case. The amount of Rs.

1500/- is the amount to be paid to the workman by the contractor and not by Food Corporation of India in terms of the

written contract entered into between the contractor and the Food Corporation of India and this payment made to the

workman was not the salary paid to the workman by the respondent-management. If there is some sort of violation of

the licensing provisions it does not confer any right upon the workman to claim himself as an employee of the

respondents. The workman was the employee of the contractor from whom respondents hired his services in FCI and

he was never appointed in any capacity by the respondents. There was no relationship of employee and employer

between the workman and respondent-management at any time so question of his claim as alleged in this petition does

not arise at all and relief as prayed for or of like nature or otherwise cannot be granted to the workman by this Hon'ble

Court. It is therefore, prayed that petition of the workman may kindly be dismissed with costs.

3.

On 15.11.2023 the case was fixed for evidence of management. Learned counsel for management has

submitted that no evidence of management is required as the workman has not lead any evidence and the opportunity

of the workman for evidence was closed by the Predecessor of this Tribunal on 09.03.2020. On perusal of the file, it is

found that the submissions made by the learned counsel for management are true. Today also none has to come to

prosecute the case on behalf of the workman which shows that the workman is not interested in adjudication of the

matter on merit.

4.

Since the workman has neither put his appearance for long nor he has filed any evidence to prove his cause

against the respondents/managements, as such, this Tribunal is left with no choice, except to pass a ‘No Claim Award’.

Accordingly, ‘No Claim Award’ is passed in the present reference.

5.

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

publication.

KAMAL KANT, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 364.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj

भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

नंबर 2] चंडीगढ़ ds iapkV (

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[सं. एल-22011/28/2010-आई. आर.(सीएम-II)]

मजिकंिन, उप जनिेिक

784

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

New Delhi, the, 14th February, 2024

S.O. 364.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No.111/2011) of the Central Government Industrial Tribunal-

cum-Labour Court NO 2, Chandigarh as shown in the Annexure, in the industrial dispute between the

Management of Food Corporation of India and their workmen, received by the Central Government on 12/02/2024.

[No. L-22011/28/2010-IR(CM-II)]

MANIKANDAN N., Dy. Director

ANNEXURE

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

II, CHANDIGARH.

Present: Mr. Kamal Kant, Presiding Officer.

ID No.111/2011

Registered on:-21.02.2011

Sh. Govind Ram, S/o Sh. Chettu Ram, R/o Kotli Chatakan, P.O. Bishanh, Tehsil & District Jammu.

….…..Workman

Versus

1.

Food Corporation of India through its Senior Regional Manager, Regional Office, Jammu.

2.

Regional Manager, Food Corporation of India, Regional Office, Jammu.

.....…Respondents/Managements

AWARD

Passed on:-15.11.2023

Central

Government

vide

Notification

No.L-22011/28/2010-IR(CM-II),

Dated

27.01.2011, under clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act,

1947(hereinafter called the Act), has referred the following Industrial dispute for adjudication to this

Tribunal:-

“Whether the action of the management of Food Corporation of India in terminating the

services of Shri Govind Ram S/o Shri Chettu Ram R/o Kotli Chowk, Tehsil & Distt. Jammu

(J&K) w.e.f. 01.10.2002 is legal and justified? To what relief the workman is entitled to and

from which date?

1.

The brief facts relevant for deciding this claim petition as per the claim of workman are that the workman

was appointed as Security Guard in the year 1996 initially on contractual basis in the Food Corporation of India at

District Office and Godown at Nagrota, State of J & K. The workman continued without any break till his termination

in the month of September 2002 by the respondents illegally and wrongfully. In terms of the 2001(7) SCC pg 1, the

workman is required to be regularized as the contract governing the service of the workman was found to be in

genuine. The workman is well within its rights to seek absorption in the corporation in view of the fact that even after

coming to know about the contractor not holding a valid license, the corporation continued with the services of the

workman till his illegal termination in the year 2002. The mandatory provisions of labour laws which the respondent-

corporation was under an obligation to observe have not been complied with. The services of the workman have been

terminated on the pretext of his being the contract labour whereas the corporation had been paying salary directly in

favour of the workman which is evident from the cheques issued by the corporation in favour of the workman on

account of the salary payable to the workman. The workman was working for the respondent-management directly

under its supervision and control which is evident from the fact that the management was directly making payment to

the workman and was also operating and maintaining an attendance register for this purpose. The respondent-

management have acted illegally on their self-contrived ideas in treating the workman as a contractual employee. The

respondent-management was under a statutory obligation to put the workman herein to a prior notice and afford them

with a reasonable opportunity of being heard before passing any harsh order against the workman. It is therefore most

respectfully prayed that the order dated 27.09.2002 passed by the respondent-management in terminating the services

of the workman without adopting due course of law be quashed.

2.

The management has filed written statement, alleging therein that the workman was not appointed by the

respondent-management as alleged by him but the fact is that the workman came to be engaged through H. Rehman

Security Service of India a contractor for his service as security guard in Food Corporation of India and his status

remained as a contractual labourer employed by the contractor and not by respondents in any case. The amount of Rs.

1500/- is the amount to be paid to the workman by the contractor and not by Food Corporation of India in terms of the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

785

written contract entered into between the contractor and the Food Corporation of India and this payment made to the

workman was not the salary paid to the workman by the respondent-management. If there is some sort of violation of

the licensing provisions it does not confer any right upon the workman to claim himself as an employee of the

respondents. The workman was the employee of the contractor from whom respondents hired his services in FCI and

he was never appointed in any capacity by the respondents. There was no relationship of employee and employer

between the workman and respondent-management at any time so question of his claim as alleged in this petition does

not arise at all and relief as prayed for or of like nature or otherwise cannot be granted to the workman by this Hon'ble

Court. It is therefore, prayed that petition of the workman may kindly be dismissed with costs.

3.

On 15.11.2023 the case was fixed for evidence of management. Learned counsel for management has

submitted that no evidence of management is required as the workman has not lead any evidence and the opportunity

of the workman for evidence was closed by the Predecessor of this Tribunal on 09.03.2020. On perusal of the file, it is

found that the submissions made by the learned counsel for management are true. Today also none has to come to

prosecute the case on behalf of the workman which shows that the workman is not interested in adjudication of the

matter on merit.

4.

Since the workman has neither put his appearance for long nor he has filed any evidence to prove his cause

against the respondents/managements, as such, this Tribunal is left with no choice, except to pass a ‘No Claim

Award’. Accordingly, ‘No Claim Award’ is passed in the present reference.

5.

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

publication.

KAMAL KANT, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 365.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj

बी.सी.सी.एल. ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

नंo 2] िनबाि ds iapkV (

/

) dks izdkf”kr

djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[सं. एल-20012/48/99-आई. आर.(सीएम-I)]

मजिकंिन, उप जनिेिक

New Delhi, the, 14th February, 2024

S.O. 365.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 246/1999) of the Central Government Industrial Tribunal-

cum-Labour Court NO. 2, Dhanbad as shown in the Annexure, in the industrial dispute between the Management

of B.C.C.L. and their workmen, received by the Central Government on 12/02/2024.

[No. L-20012/48/99-IR(CM-I)]

MANIKANDAN N., Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO.2), AT DHANBAD.

PRESENT

D.S.K.Thakur

Presiding Officer.

In the matter of an Industrial Dispute under Section 10(1)(d) of the I.D.Act.,1947

REFERENCE NO.246 OF 1999.

PARTIES:

:

The Secretary,

Bihar Colliery Kamgar Union,,

At :Hirapur ,Dhanbad

Vs.

The General Manager,

Govindpur Area No. III of M/s BCCL,

786

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

PO:Sonardih Distt: Dhanbad ,

Order No.L-20012/48/99-IR (C-I) dt. 04.06.1999

APPEARANCES

On behalf of the workman /Union :

Mr.D.Mukherjee , Ld. Advocate

On behalf of the Management

:

Mr. D.K.Verma, Ld. Advocate

State

Jharkhand Industry

Coal

:

Dated 3rd October,2023

AWARD

The Government of India, Ministry of Labour, in exercise of the powers conferred on them under

Sec.10(1)(d) of the I.D. Act.,1947 has referred the following dispute to this Tribunal for adjudication vide their Order

No.L-20012/48/99-IR (C-I) dt. 04.06.1999.

SCHEDULE

“Whether the action of the Management of M/s BCCL in dismissing the services of Shri Bishunpat

Singh with effect from 20.04.98 was legal and justified? If not, what relief the concerned workman is entitled to

?”

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

between employer,i.e the Management of Govindpur Area No. III of M/s BCCL and its workman/claimant herein,

under clause (d) of Sub Sec. (1) and Sub Sec. (2A) of Sec. 10 of the Industrial Dispute Act 1947 vide letter No. L-

20012/49/99-IR(C-I) dt.04.06.1999 to this Tribunal for adjudication on the terms of Reference mentioned herein

above.

3. (i) The sponsoring Union namely Bihar Colliery Kamgar Union, Dhanbad filed written statement stating that

the workman- Bishnupat Singh had been working as a permanent S.B. Attendant at Dharmabandh Colliery with

unblemished service track record .The workman being a forefront member of the Union was very active for the cause

of the other co-workers . The OP/Management was very biased and on the lookout to victimize him so as to other

follow it as as deterrent .Previously also the OP/Management by implicating in a false case dismissed the workman

from service. Upon challenging to it the Management reinstated him with consequential benefits. .Ironically the

workman concerned was again implicated falsely in a criminal offence and was put in detention in jail custody from

18.05.93 to 27.07.94.

(ii) Upon released from detention of jail custody the workman immediately reported for duty on 01.09.94 but OP/

Management did not allow him to resume duty. Here again it is pertinent to mention that the nearby sources of the

workman informed the Management of his whereabouts to the Management narrating his helplessness to inform

individually as reason behind his alleged absence, with prayer to sanction him leave till he is released from jail.

OP/Management came out with a charge sheet on the ground of alleged absentism .The workman replied the said

charge sheet but the OP/Management went ahead to constitute domestic enquiry and on completing due procedures

he was dismissed and workman’s appeal was also turned down by the Appellate Authority . Under the said

circumstances the workman referred the matter before the Asstt. Labour Commissioner, Dhanbad But despite sincere

efforts to settle the dispute the same ended in failure and birth of this Reference.

(iii) Further it has been alleged that the OP/management has acted in highly illegal, unjustified and arbitrary manner

to dismiss him from service for non-observance of any of the provisions as laid down in the Industrial Law and in

accordance with the Certified Standing Orders of the OP/Management seeking to answer the reference in favour of

the workman by reinstating him with full back wages and other consequential benefits.

4. On the other hand raising maintainability of the matter either in law or on facts the OP/Management

contended that the workman started absenting from his duty since 18.06.1993 without permission and information

from the Management. The said act of the workman constituted a misconduct and accordingly the Management

issued a charge sheet to the workman on 22.12.1994 to which the workman submitted reply .The reply not being

found satisfactory the Management decided to hold a domestic enquiry by appointing an Enquiry Officer to go to

the bottom of the fact of all the issues. The workman participated in the said enquiry along with his co-workers. The

charges levelled against the workman has been fully established in course of enquiry .Thereafter the Disciplinary

Authority issued a Second charge sheet providing thereof a spare copy on enquiry report to him.Finally on 20.0.98 the

Disciplinary Authority dismissed the workman .So the dismissal of the workman concerned is legal and justified as

the enquiry conducted against him was absolutely fair and proper.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

787

5. The workman concerned examined himself as WW-I and proved the documents relied by him as Ext.W-5 in

course of hearing .On the other hand the O.P./Management examined one witness namely Shri V.N.Prasad as O.P.

MW-I and proved the documents as M-1 to M-9 in a series to said enquiry .The issue with regard to dismissal of

the workman Bishnu Pat Singh by the Management the Tribunal has gone through the materials on record

including the pleadings of the parties and the Exhibited documents itself.

6. Ld. Lawyer appearing for the OP/Management has tried to justify the action against the workman and

dealt with the issue of the misconduct it constitutes a serious misconduct for being absent from 18.06.93 .Further

there is no infirmity in holding the domestic enquiry which was already declared fair and proper by the Tribunal

vide order dt 28.09.2011.

7, Ld. Advocate appearing for the OP./Management takes the issue while arguing final argument that the

person in jail custody and acquittal thereof by Addl. Sessions Judge was Sri Balram Singh and not Sri Vishnu Pat

Singh .As such the claim and statement of the workman that he was in jail during his absence for which he has

dismissed is not true. His this claim is not corroborated with any evidence .The workman side did not confront on

the issue and was not able to justify. The workman during adducing evidence produced the Acquittal Order issued

by the 6th Addl. Sessions Judge, Dhanbad absolving him of the charges leveled against him in C.R. Case No. 2752 of

1980 on 06,09.83 U/S 3/3 of the Explosive Sub. Act. has not brought this fact before the concerned Court that he is

known as Sri Vishnu Pat Singh in his official record .

Here the case that the person in jail custody and acquitted thereof by Addl. Sessions Judge was Sri

Balram Singh and not Sri Vishnu Pat Singh As such the claim and statement of the workman that he was in jail

during his absence for which he has dismissed is not true. His claim is not corroborated with any evidence.

8. The workman has not been able to produce in support of his point that BALARAM SINGH and

BISHNUPAT SINGH is the same person since in the official record workman’s name had been all along as

BISHNUPAT SINGH .So Workman’s narrative stating that Balram Singh and Bishnupat Singh is the same person

does not appears authenticate in itself until and unless it is corroborated with authenticate documents and matching

with that of official record of the OP./Management under whom workman had been in employment. It does not

make any sense that workman random’s statement that Balram Singh and Bishnu Pat Singh should be known with

one and same person also without following prior due procedure and matching available record to justify claim.

9.In view of above factual situation as emerged and materials on record and keeping in mind the decision of the

Addl.Distt. & Session Judge of absolving the person namely of Sri Balram Singh of the charges and not the person

named as Sri Bishnu Pat Singh the workman’s claim has left a great deal of suspicion and did not stand with legal

force to be acceptable .So all the exercise put in by the workman has turned of no consequence as the claim appears

of dubious nature and does not stand to prove the point of holding dual names on the issue of sensitive matter

and so is devoid of merit.

10. Therefore, the action of the O.P./Management in dismissing the workman from service is hereby found

legal and justified. The workman is not entitled to any relief whatsoever. Thus, all the issues in the instant

proceedings were answered in the aforesaid terms. The aforesaid shall constitute the Award and shall stand disposed

of, on contest as “No Relief”. .

Dr. S. K. THAKUR, Presiding Officer

नई दिल्ली, 14 फरवरी, 2024

का.आ. 366.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

ljdkj एस.सी.सी.एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn

esa

] हैदराबाद ds iapkV (

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[सं.

-

- (सी.एम-II)]

मजिकंिन एन, उप जनिेिक

New Delhi, the, 14th February, 2024

S.O. 366.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 22/2006) of the Central Government Industrial Tribunal-

cum-Labour Court, HYDERABAD as shown in the Annexure, in the industrial dispute between the Management of

S.C.C.L. and their workmen, received by the Central Government on 12/02/2024.

[No L-22012/405/2004 – IR (CM-II)

MANIKANDAN. N, Dy. Director

788

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: Sri IRFAN QAMAR

Presiding Officer

Dated the 17th day of May, 2023

INDUSTRIAL DISPUTE No. 22/2006

Between:

The Central Vice President (Sri B. Gangaram),

Singareni Collieries Workers Union (AITUC),

12-10-196, Sithafalmandi,

Secunderabad.

….. Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Sreerampur Division,

Sreerampur,

Andhra Pradesh – 504303.

…. Respondent

Appearances:

For the Petitioner :

M/s. A. sarojana & K. Vasudeva Reddy, Advocates

For the Respondent:

Sri Y. Ranjeeth Reddy, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L-22012/405/2004-IR(CM-II) dated

3.2.2006 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal

between the management of M/s. Singareni Collieries Company Ltd., and their workmen. The reference is,

SCHEDULE

“Whether the action of the management of Singareni Collieries Company Limited, Secunderabad in reducing

the two annual increments in respect of Shri V. Koteshwar, Head Overman, S/Sh Lingam Odelu and Sriram,

Mining Sardars was legal and justified? If not, to what relief they are entitled?”

The reference is numbered in this Tribunal as I.D. No. 22/2006 and notices were issued to the parties concerned.

2. The averments made by the Petitioner in the claim statement are as follows:

The Petitioner in his claim statement has submitted that due to the reasons mentioned in the claim statement the

action of Disciplinary Authority in reducing two annual increments from the wages of three mining staff personnel

i.e., Shri V. Koteshwar, Head Overman, S/Sh Lingam Odelu and Sriram, Mining Sardars should be cancelled and the

deducted wages be paid back. It is also submitted that the legal aspects mentioned in the first part are quite enough

to cancel the disciplinary action and secondly the irregularity committed by mining officials due to bogus enquiry

and no fault in three mining persons was proved. Hence, on this basis also the disciplinary action of two increments

be treated as cancelled and deducted amount so far be paid to the above three personnel of mining staff.

3. It is submitted by the Petitioner in the claim statement that in the light of the case law of Baldev Singh Vs.

Secretary 1969 SLR 23 Allahabad High Court, "A person who should act as an enquiry officer should be appointed by

an authority, who is competent to take disciplinary action against the workman Concerned .” Hence it is clear that

General Manager, Sreerampur area who is not competent authority to appoint the enquiry officer and the presenting

officer, since he is not the appointing authority or disciplinary authority for the Mining Sardar and Overmen in this

dispute. Further it is submitted that Mining Sardars and Overmen are qualified persons under the provisions of coal

mines regulations 1957 and having valid certificates to perform their statutory jobs. Hence the General Manager,

Sreerampur is not competent authority for the 3 personnel of mining staff in the dispute and the Director (PAW)

Kothagudem is only competent authority for these mining staff in this dispute. It is further submitted that Director

(PAW), Kothagudem is only competent for appointment of mining staff personnel in this dispute and competent to

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

789

take disciplinary action for them. Thus, the general Manager, Sreerampur is not competent to appoint the enquiry

officer and the presenting officer, thus the domestic enquiry conducted against the Petitioners is illegal and

unjustified. Further it is submitted that the Safety officer who is the main culprit for the fatal accident occurred on

17.8.2002 in 3rd shift, has been appointed as the presenting officer who has acted as a prosecutor. He has acted like

a dictator and refused to give any answer to the questions put by the charge sheeted workmen Sri. V. Kóteshwar

Head Overman and 2 others. The enquiry officer kept quiet during the whole enquiry whet the presenting officer was

bluntly refusing to give replies to the questions put by Sri. V. Kóteshwar and others and stated that it is irrelevant and

thus the enquiry officer not only fully supported the presenting officer through out the enquiry and also acted as

puppet of Presenting Officer. Further, the Enquiry Officer failed to give full and fair opportunity to the charge

sheeted employees and thus the enquiry officer has violated the principles of natural justice and domestic enquiry is

invalid and unjustified.

4. Further it is submitted that on the night of 17.8.2002 Sri. V. Koteshwar, HOM was in night shift but he was

detained on the surface for distribution of work among the coal fillers and other workers, since there were no

working places. On 17.8.2002 in II shift Mining sardar Sri Lingam Odelu took charge on surface, from II shift

Mining sardar Sri Sree Ram and due to late distribution of work Sri Lingam Odelu, Mining sardar was in

underground at 11.45 night and the fillers also went undergrounds at the same time and the fatal accident occurred at

1.15 a.m. in 2 seam depilaring area. After doing late distribution of work Sri V. Koteshwar, HOM went

underground at 1.30 A.M. i.e., immediately after the fatal accident occurred. Sri Lingam Odelu, Mining sardar

stated in the domestic enquiry that due to late distribution of work, the fillers reached the working place between

12.30 - 12.45 night and at 1.15 am fatal accident took place. It is state d that on 17.8.2002 in 2nd shift Sri Sree

Ram, Mining Sardar and one overman trainee worked in the depillaring area. On Sree Ram Management took action

by reducing two increments but on the overman of 2nd shift no action was taken since he was a trainee. As per the

coal mines regulations trainee overman should not be posted in the depillaring area. To hide this mistake and illegal

action, management did not take any action on trainee overman. The Management took action on Sri Lingam

Odelu, Mining Sardar of III shift and also on Sri V. Koteshwar, H.O.M., of III shift. It is further submitted that on

17.8.2002, the first and second shift overmen wrote in report book and charge book that dangerous sounds are

coming in the roof. Inspite of this, second shift under manager asked Sri V. Koteshwar, H.O.M. to continue work in

the same work place. 29 ½ south inspite of report of 1st and 2nd shift Overmen that dangerous sounds are coming.

This is recorded in the Overmans charge book.

5. It is also submitted that as per Director, Mines Safety Letter No.DIR/H11/345, dated 21.7.02 as per safety rules

least delay be made. But in this case it worked for 39 shifts i.e., 13 days inspite of sounds in that depillaring area. In

depillaring area exposure shall not be made more than 75 Sq. mtrs. But it was 110 Sq. meters in this area. The pillar

should not be reduced or extended within 5 meters but in this case it is reduced from 29 level to 30 level and work

carried on under faulty and risky area in 29 ½ level 22 dip to 23 dip. It is submitted that as per the faulty area,

instructions of Director General Mines Safety regarding faulty area, the colliery manager, under-manager and safety

officer of the mine should inspect and take immediate decision to close the faulty working place. But these officers

did not take any action to stop work in the faulty area which lead to fatal accident. It is clear that due to negligent

attitude of the 3 mine officers this fatal accident occurred and one coal filler lost his precious life. It is further

submitted that as per Coal Mines Regulations, 1957, these 3 mines officers should visit such faulty working places

regularly and take immediate action to close the working place. Not only these officers have not done their duty but

due to lack of the working places, the workers were sent very late in the night shifts of 17th August 2002 to work in

the same area where dangerous sounds were coming and thus these 3 mine officers, Manager, Under Manger, Safety

Officer are mainly responsible for this fatal accident. It is submitted that instead of forcing the workers to work in

faulty area in night shift, they should have been shown some alternative jobs or they should have been laid off. In

this case the disciplinary action was taken against Il shift Mining sardar Sri. Sree Ram and ll shift mining sardar Sri.

Lingam Odelu and Sri. V. Koteshwar HOM and their 2 annual increments are reduced. The overman trainee was

posted in 2nd shift, since it is illegal to post an overman trainee in depillaring area, hence no action was taken against

him, to hush up the illegal action of the mine officers and not because of any mercy on the trainee workman. It is

further submitted that the copy of records on which the Management has relied and framed the charge sheets were

not supplied to the three charge sheeted workmen. As per case law of Hon’ble Apex Court in Kashinath Dikshath

Vs. Union of India and ors, 69 FJR SC page 339, wherein it was held, “the copies of documents or statements relied

upon by prosecution should be provided to accused employees. Failure to accede demand of an employee for copies

of documents and statements, amounts to failure to give reasonable opportunity to employee to exonerate himself in

such circumstances, disciplinary action based on such enquiry is also null and void.” Also Hon’ble Delhi high court I

in Moti ram Vs. State of Himachal Pradesh (1975 SLR 369), of the opinion that the list of witnesses should be

supplied to the charge sheeted employee, otherwise the enquiry cannot be admitted as fair and liable to be set aside.

It is submitted that as per the Coal Mines Regulations, 1957, No.41, 41A and 42, the duties of Managers, Safety

officers and under managers are given below for ready reference in this case:

790

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

A) In every mine, daily personal supervision shall be exercised by the Manager. In case of below ground he shall

visit and examine the workings below ground level at least 4 days in every week to see that safety aspects in ensured.

B) The manager, under manager and Asst. manager if any, shall each maintain in a bound paged book kept for the

purpose, a dairy and shall record these in the result of each of his inspection and also the action taken by him to

rectify the defects noticed if any.

C) As per regulation 41A the safety officer has to visit to surface and underground parts of the mine with a view to

meeting the workers on this spot to talk them on matters of safety inviting suggestions thereon and he has to report

the manager as a result of his visits to the various parts of the mine, as to whether provisions of mines act, regulations

and rules are being complied with the mine. The safety officer shall maintain in bound paged book, a detailed record

of the work performed by him every day.

D) The under manager, or assistant manages subject to the orders of the manager, visit and examine the working s

under his charge, on every working day.

E) In the above paras, only a few details of the duties of managers, under Managers and safety officers have been

given. If these 3 mines officers have performed their duties properly and implemented the directions of the Director

General Mines Safety, regarding precautions to be taken in the depillaring area, the fatal accident occurred on

17.8.2002, in II shift could have been averted and precious life of Coal filler could have been saved.

The enquiry officer in his findings submitted that Sri. V. Koteshwar did not give any explanation to charge sheet. The

detailed reply of Sri V. Koteshwar to the General Manager, through the Colliery Manager, MK$ was submitted but in

the enquiry findings it is mentioned that he did not submit any explanation, is quite wrongful and misleading. The

copy of his detailed reply in four pages, typed in Telugu is full of details. The copy has been attached by the

management along with their views submitted to the ALR (C), Godavarikhani on 27.9.2004. It is submitted that it

is clearly understood that to create a wrong impression to the Director PWA regarding Sri V. Koteshwar, HOM the

enquiry officer wrote such a false thing and the Director PWA believed this wrong report and he also mentioned the

same, in his office order and basing on this wrong report of the Enquiry Officer, the Director PWA put his stamp on

the disciplinary action against Sri. V. Koteshwar, HOM. Moreover, the enquiry officer did not allow Sri. V.

Koteshwar, HOM to produce his witnesses in the domestic enquiry and abruptly closed the domestic enquiry. It is

submitted that on 17.8.2002 from 1st shift Gope sounds, roof movements were there but no body took any safety

measures. Since long time , all the mine officers know that from 28 level to 30 level there is fault. On 13th and 16th

August, 2002 roof checking's were done but it was kept secret. In such dangerous working place, deliberately work

was carried on and during three shifts no under manager was posted there and due to this accident took place. It is

further submitted that on 17.8.2002 Sri V. Koteshwar, HOM was assigned job of work distribution in night shift. If

he was not given the job of work distribution and sent underground earlier, he could have averted the accident by

adopting safety measures. Further, if under manager was sent underground earlier, the fatal accident could not have

occurred. It is clear that earlier the management came to a decision to save the mine officers and involve the mining

staff personnel and punish them only. It is further submitted that the second shift under manager was not present in

domestic enquiry also, since he is responsible for negligence. It is submitted that as per regulations the area of

working place should not exceed 75 Sq. meters but it has reached 110 Sq. meters inspite of this the mine officers

asked to carry on work there only and due to utter negligence of 3 mine officers, fatal accident occurred. It is

submitted that for saving the 3 mine officers who have violated all the safety rules as per the Coal Mines Regulations,

1957 and whose criminal negligence is fully responsible for the fatal accident and a bogus domestic enquiry was

conducted and on the basis of that enquiry, wrong disciplinary action was taken by reducing 2 annual increments in

respect of S/Sri. V. Koteshwar H.O.M. and 2 mining sardars 2nd and 3rd shifts Sri Sriram and Lingam Odelu and as

such the same should be cancelled and the deducted wages be paid back.

6. Respondent filed counter denying the averments of the Petitioner as under:

Respondent herein has refuted the allegations and averments made by the Petitioners in the claim statement. He has

submitted that the Petitioner Union alleging that the Enquiry Officer and Presenting Officer could have been

appointed by the disciplinary authority. There is no such condition for appointment of Enquiry Officer and

Presenting Officers. It is submitted that Heads of the Mine are competent authority to issue charge sheet and

Director (Personnel, Welfare & Administration) is the competent authority to impose penalty. Accordingly, the

Respondent Management initiated disciplinary against the proceedings charge sheeted employees. It is submitted that

the Respondent Management issued charge sheet under Company's Standing Order Nos.25(5) and 25(16) which reads

as follows:

25(5): Neglect of work.

25(16): Any breach of the Mines Act, 1952 or any other act or rules or regulations of bylaws there under.

The Coal Mines Regulations, 1957:

Reg. No.43(1)(a): Subject to the orders of superior officials, he shall have responsible charge and control of such part

of the mine and shall carryout such duties, as may be assigned to him by the Manager.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

791

Reg. No.43(1 )e): He shall, to the best of his power, enforce in his district the provisions of the Act, of these

regulations and orders made thereunder, and shall, subject to the control of the manager, and the under manager or

asst. manager, if any, give such directions as may be necessary to ensure compliance with those provisions and to

secure the safety of the district and the safety and proper discipline of the persons employed therein.

Reg. No.43(6): He shall give prompt attention to the removal of any danger observed or reported to him, and shall

see that dangerous places arc adequately fenced off.

Reg. No. 190 : No person shall negligently or willfully do anything likely to endanger life or limp in the mine, or

negligently or willfully omit to do anything necessary for the safety of the mine or persons employed therein.

It is submitted that the charge sheeted employees received charge sheets, but, they did not submit any explanation to

the charge sheets. As such, enquiry was ordered by appointing enquiry officer. The charge sheeted employees were

given fair opportunity by the Enquiry Officer to defend their case by following the principles of natural justice. It is

further submitted that the Enquiry Officer completed the enquiry and submitted his report and as per the findings of

the Enquiry Officer, the charges of neglect of work and violation of CMR, 1957 by the said employees were

established. It is submitted that though the charges levelled and proved against the charge sheeted employees were

grave and serious in nature and the warranted punishment is that of a dismissal from service, but a lenient view was

taken and lesser punishment was awarded in accordance with Clause 26 of Company Standing Order to rectify their

mistakes and avoid such repetitions in future.

Regulation Nos. 43 and 44 of the Coal Mines Regulation, 1957 are extracted as under:

43. Duties and responsibilities of overman: The overman shall strictly observe the following provisions, namely,

(1) (a)Subject to the orders of superior officials, he shall have responsible charge and control of such part of the mine,

and shall carry out such duties, as may be assigned to him by the manager.

(b) He shall, while on duty, carry a workings of tracing of the such district and shall keep the tracing up-to-date.

(c) He shall, in his district, make the inspections and reports required by these regulations.

(d) He shall be responsible to see that the officials subordinate and competent persons in his district carry out their

respective duties in a proper manner.

(e)

He shall, to the best of his power, enforce in his district the provisions of the Act, of these made regulations

and orders thereunder, and shall, subject to the control of the manager and the under manager, assistant manager, if

any, give such directions as may be necessary to ensure compliance with those provisions, and to secure the safety of

the district and the safety and proper discipline of the persons employed therein.

(2) He shall see that sufficient supplies of timber brattice and other necessaries required for the safe working of his

district are kept in convenient places therein.

(3) (a) He shall see that every air-crossing, stopping, door, brattice and other ventilation device is maintained in good

order.

(b) He shall, in his district, see that the ventilation is effective; and when brattices or air pipes are required to be used

for the ventilation of the working places, he shall see that they are kept sufficiently advance to ensure that an

adequate amount of air reaches every such working place. (c) He shall have power to send out of the mine any person

under his charge infringing or attempting to infringe any provision of the Act or of the regulations or orders made

thereunder, or failing to carry out any direction given with regard to safety; and shall report in writing any such

infringement or attempted infringement or failure to the manager.

(4)(a) He shall sec that all tracks and tramlines arc properly laid, graded, ballasted or otherwise packed.

(b) He shall see that the manholes on the haulage roadways are kept safe, clear of any obstruction, and properly white-

washed.

(c) He shall see that the stop-blocks, runway switches and other safety devices are fixed and used as required under

the regulations, that drag or back-stays are provided and regularly used behind tubs ascending declines and that a

sufficient supply of suitable sprags is provided where tubs loaded on a gradient or lowered down a gradient by hand.

(d) He shall, if he finds any of the ropes, chains, signals, brakes, jig wheels and post or other apparatus in use in his

district to be in an unsafe condition, stop the use of the same forthwith.

(5) He shall be responsible to see that except for the purpose of inspection, examination and repairs every person

other than an official or a haulage attendant travels by the travelling roadway.

(6) He shall give prompt attention to the removal of any danger observed or reported to him, and shall see that

dangerous places are adequately fenced off.

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[PART II—SEC. 3(ii)]

(7) He shall, under the direction of the manager, sec that wherever approved safety and lamps are used and naked

lights excluded whenever danger from apprehended.

(8)(a) He shall devote the whole of his time to his duties and shall visit each working place in his district as often as

may be necessary or possible. (b) He shall not, except for district justifiable cause, leave the district in his charge until

he had finished the inspections required under these regulations and any other duties that he is required to perform, or

until relieved by a duly appointed substitute.

(c) He shall, if the mine is working in a succession continuous of shifts, confer with the official succeeding him and

give him such information as may be necessary for the safety of his district and of persons employed therein.

(9) He shall, at the end of his shift, record in a bound book kept for the purpose a general report on the performance

of all his duties during the shift, including anything concerning the proper working of the mine and the safety and

discipline of persons employed in his district.

44. Duties and responsibilities of Sirdars - The Sirdar or other competent person appointed under regulation 113

shall strictly observe the following provisions, namely

(1)a) Subject to orders of superior officials, he shall have responsible charge and control of the district of the mine

assigned to him by the manager or the under-manager or assistant manager.

(b) He shall take reasonable means to ensure the proper observance of the requirements of the Act and of the

regulations, and orders made thereunder by persons under his charge and shall, as soon as practicable, report any

contravention thereof to his superior official.

(2)(a) He shall make such inspection and reports as are required by these regulations, and in making such

examination, he shall pay particular attention to edges of the goaf, if any, for checking supports and for presence of

gas.

(b) Except in the case of a mine working in a continuous succession of shifts, he shall, on completion of the first

inspection of the district, proceed to the station appointed under regulation 113 and instruct all persons as to their

places of work and as to any special precautions necessary to be observed by them.

(c) If he finds any person in a place other than the one assigned to him, he may order such person out of the mine,

and shall forthwith report the matter to his superior official.

(d) He shall ensure that no inexperienced person is employed on any work except under the supervision of an

experienced person.

(3)(a) He shall see that the roof and sides of all travelling roadways to, and working places in, his district are made

and kept secure.

(b) Where the height of any working place in the district in his charge measures from floor to roof exceeds three

metres, he shall see that they are kept at convenient places in the district --

(i) a suitable wooden bunton or pole by which all parts of the roof may be effectively tested by a person standing on

the floor. Except in a district to which regulation 144 applies, the bunton shall be shod with iron at one end; and

(ii) a ladder of suitable length.

(c) He shall report to his superior official any deficiency in timber, appliances and other necessaries required for the

safe working of the district.

(4) Where cither of the two ways affording means of egress from the district to the surface is not ordinarily used for

travelling, he shall travel, once at least in every seven days, the whole of such way in order to make himself

thoroughly acquainted with the same.

(5) He shall see that no timber support is withdrawn except by means of a safety prop withdrawer.

(6)(a) If he observes any dangerous place during the course of his inspections or if any danger at a place where work

persons are employed is reported to him, he shall, if the danger cannot be removed forthwith withdraw all persons

from such place and shall not leave the place until the danger has been removed in his presence or all approaches to

the place have been fenced off so as to prevent persons from inadvertently entering such place.

(b) He shall take care that any dangerous operation is carried out with due precaution, and in such cases shall be

present throughout whenever any work of clearing falls of ground and setting of supports therein is being carried out.

(c) He shall cause the entrance to every place which is not in actual use or in course of working or extension, to be

fenced across the whole width, so as to prevent persons from inadvertently entering such place.

(d) If he finds any accumulation of inflammable or noxious gases, he shall carry out the provisions of regulations 142

and shall not remove such accumulation until he has received instructions in that behalf from his superior official.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

793

(7) He shall, on receipt of information of an accident to any person in his district, proceed at once to the place of

accident, inspect the place and, if required, supervise the rescue operations, and shall report or send notice of the

accident to the manager or under manager or assistant manager.

(8)\(a) He shall devote the whole of his time to his duties, and shall not leave the mine until the end of the shift or

until relieved by a duly appointed substitute.

(b) If the mine is worked by a continuous succession of shifts, he shall, before leaving his district, confer with the

sirdar or competent person succeeding him, and shall acquaint him with all matters requiring his personal attention

and give him such other information as may be necessary for the safety of his district and of the persons employed

therein.

It is submitted that if all the precautions as per Coal Mines Regulation, 1957 have been taken by the charge sheeted

employee, the fatal accident could not take place. Hence, the punishment imposed to the charge sheeted employees is

lighter than that of dismissal. It is submitted that the charge sheeted employees are supposed to get down at mine

immediately after distribution of workmen. But the charge sheeted employees (Sri Koteswar, Head Overman)

complete his distribution by 11.30 PM ie., on 17.08.2002 and he went down the mine by 1.30 AM on 18.08.2002.

By the time the charge sheeted employee reached the spot, Sri Gunda Rayalingu, Coal Filler received fatal injuries at

01.15 AM on 18.08.2002. The findings of the enquiry conducted by the Safety Officer into the said accident revealed

that the charge sheeted employees have failed to discharge their duties resulting into the fatal accident. The functions

of Mining Officers are supervisory in nature. In technicality regarding roof and other works in the mine, the charge

sheeted employees shall take advice from the Mining Officers since they are overall in charges of the mine. In fact

Deputy Director of Mines Safety, Hyderabad Region II, Ministry of Labour, Government of India who is holding

statutory authority under the Mines Act 1952 and Coal Mines Regulations, 1957 has inspected and enquiry conducted

into the accident from 18.08.2002 to 22.08.2002 and issued notices to responsible charge sheeted employees Sri

V.Koteswar and Lingam Odelu, Sr. Mining Sirdar for failure to their ensure that the supports including the supports

were goaf edge kept tight against the roof as Regulation required under 109(3)(a) read with Regulation 43(6) of Mines

the Coal Regulations, 1957. A copy of the notice Deputy issued from Director of Mines Safety is placed herewith as

a material paper. It is submitted that the report of the Enquiry Officer, the charges leveled against them under

Company's Standing Orders 25(5) and 25(16) were proved. One set of copies of Enquiry Proceedings and Enquiry

Report were supplied to the charge sheeted employees to make representation if any within 7 days of receipt of the

same. The charge sheeted employees received the same and submitted their representations which were examined

and considered by the Disciplinary Authority and the Disciplinary Authority concurred with the findings of the

Enquiry Officer holding them guilty of misconduct under Company Standing Orders 25(5) and 25(16). The charges

levelled against them were grave and serious in nature and the punishment warranted was that of dismissal from

service. However, the Disciplinary Authority to give an opportunity to the charge sheeted employees to improve

themselves and taking a lenient view for that time, it was decided to impose the penalty of stoppage of 2 increments

with cumulative effect. Accordingly, two increments have been ordered to be stopped. It is submitted that

provisions of the Company Standing Orders, charge sheet was framed, issued to the employees and domestic enquiry

was conducted. While conducting enquiry, the Enquiry Officer followed principles of natural justice and fair

opportunity was given to the charge sheeted employees to defend their case. As per the findings of the Enquiry

Officer, the charges of neglect of work, and violation of Coal Mines Regulation, 1957 by the said employees

established beyond doubt. It is further submitted that though charges levelled against them were grave and serious in

nature and punishment of dismissal was warranted, a lenient view was taken and lesser punishment was awarded in

accordance with Clause 26 of company Standing Order by giving an opportunity to improve themselves.

7. The Petitioner in his claim statement has submitted that due to the reasons mentioned in the claim statement the

action of Disciplinary Authority reducing two annual increments from the wages of three mining staff personnel Sri

V. Koteshwar, HOM, S/Sri Lingam Odelu and Sriram, Mining Sirdars should be cancelled and the deducted wages

to be paid back. It is also submitted that the legal aspects mentioned in the first part are quite informed to cancel the

disciplinary action and secondly irregularity committed by mine officers and due to bogus enquiry no fault in three

mining persons has proved. Hence, on this basis also the disciplinary action of two increments be treated as cancelled

and deducted amount so far be paid to the above three personnel of mining staff.

8. Respondent has submitted written submissions. Despite sufficient opportunity provided to the Petitioner he did

not adduce any oral or written submissions.

9. Perused the pleadings of both the parties and submissions made by the Respondent.

10. Following points emerge for determination:-

I.

Whether the action of the Management of M/s. Singareni Collieries Company Ltd.,, Secunderabad in reducing

two annual increments in respect of Sri V. Koteshwar, Head Overman, S/Sh. Lingam Odelu and Sriram,

Mining Sardars was legal and justified?

794

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

II. Whether domestic enquiry conducted against the Petitioners Sri V. Koteshwar, Head Overman, S/Sh. Lingam

Odelu and Sriram, Mining Sardars, conductd by Respondent authority is legal and justified?

III. To what relief if any the Petitioners are entitled?

Findings:

11.

Point No.II: Point No.II pertains to the legality and validity of the domestic enquiry conducted by

Respondent against the Sri V. Koteshwar, Head Overman, S/Sh. Lingam Odelu and Sriram, Mining Sardars, that is to

be decided as a preliminary issue. The perusal of the record goes to reveal that the validity of the domestic enquiry

has been held legal and valid by this court vide order dated 1.8.2017. That has not been questioned by the Petitioners

before any higher forum. Hence, that has become final.

Thus, Point No.II decided accordingly.

12.

Points No. I & III:-Although the Petitioner in his claim statement has taken the plea that the safety officer

who was also culprit for fatal accident has been appointed as a presenting officer who has acted as a prosecutor, the

Management witness and Judge. It is also submitted that the Enquiry Officer did not discharge his duty impartially

and Enquiry Officer failed to give full and fair opportunity to the charge sheeted employees. Thus, the Enquiry

Officer has violated the principles of natural justice and domestic enquiry is not valid and justified. All the said pleas

have been considered, decided by the court vide order dated 1.8.2017 and the domestic enquiry has been held legal

and valid. Thus, there is no force in the plea taken by the Petitioners.

13. Further, it is contended by the Petitioners that General manager, Sreerampur area is not competent authority to

appoint the enquiry officer and the presenting officer, since he is not the appointing authority or disciplinary authority

for the Mining Sardar and Overmen in the present matter. It is also contended that Mining Sardars and Overmen are

qualified persons under the provisions of coal mines regulations 1957 and having valid certificates to perform their

statutory jobs. The Director (PAW) Kothagudem is only competent authority for these mining staff in this dispute.

Thus, only Director (PAW), Kothagudem is only competent authority for appointing mining staff personnel in this

dispute and he is also competent to under take disciplinary action for them.

14. On the other hand, Respondent has refuted the allegations and contended that Head of the mines are competent

authority to issue the charge sheet and Director (PAW) is the competent authority to impose the punishment.

Accordingly, Respondent Management initiated disciplinary proceedings against the charge sheeted employees. The

service conditions of the Petitioner are governed by Standing Orders in respect of M/s. Singareni Collieries Company

Ltd., as under:

“Para 27.1. Where a workman is charged with a misconduct he shall be informed in writing of the allegations against

him by the competent authority and shall be given an opportunity to submit his explanation in writing within a period

of not less than three days. On receipt of a workman's explanation when allegations are denied by him, an enquiry

shall be held normally by an Officer or officers of the Company appointed by the management. At the enquiry, the

workman concerned shall be afforded reasonable opportunity of defending himself. The workman concerned shall be

entitled to be represented assisted by a co-worker or office bearer of a trade union of which he is a member if so

requested by him.”

Whereas Section 2.3 of the Standing Orders No.25.25 defines competent authority as below:

“2.3

Competent Authority' means an officer specially nominated by the Chairman / Managing Director concerned

by an order in writing for the purpose of these Standing Orders. Such orders shall be put on Notice Board and copies

sent to the concerned registered trade Unions.”

15. Whereas in the present matter the enquiry has been conducted by Sri M. Siva Rami Reddy, PM, who was

nominated by Chairman cum Managing Director as defined under the provisions of para 2.3 of Company’s Standing

Orders. Thus, in view of para 2.3 and para 27.1 of the Standing Orders, the Enquiry Officer is competent to conduct

the enquiry against the delinquent employee. Therefore, plea taken by Petitioner regarding competency of the

Enquiry Officer is not acceptable.

16. The Petitioners have been charge sheeted under Company’s Standing Orders No.25.1 and 25.16 i.e., Neglect of

work and Breach of Mines Act, 1952 and the Coal Mines Regulations, 1957. All the charges held proved during the

enquiry against the Petitioners. Admittedly, the Petitioners were present on duty on 17.8.2002, but they committed

neglect of their duty in breach of Mines Act, 1952 and Coal Mines Regulations, 1957 and Company’s Standing

Orders and due to their conduct of neglect of work, fatal accident occurred in which one workman lost his precious

life. As far as the question of delinquency of the Petitioner, in discharging duties is concerned, the perusal of the

enquiry proceedings goes to reveal that during the enquiry Petitioner Sri V Koteshwar examined himself as a defence

witness and in cross examination the question was put to him that the accident occurred at what time, how did he got

the information, the accused witness replied that, “as per my enquiry, the accident occurred at 1.15 am in third shift,

(as per the sirdar’s version) I have received the accident information, through one general mazdoor working on bank

head.” Further, he was asked the question, “When he received the accident message from the bank head mazdoor

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

795

and where he was at that point of time.” Accused witness replied, “while I was proceeding to go to underground

nearly bitty room, I have received the message from the general mazdoor. I have received the message that there was

a roof fall in RS-3 district.” Further, he was asked that, “At what time he received the message?” whether the

message was received before the accident or after the accident?” The witness replied, “The information was about

the roof fall. I don’t know the time.” Further he was asked, “As per investigation it was revealed that while ÿou

were in O.M Room, the bank head mazdoor came to him as reported to him about the accident.” Accused witness

replied, “ Information was reached to me when I was on the way to proceed, not while I was in O M room.” Further

he was asked as per statement recorded during the investigation he had stated that he left OM Room by 12.55, and

reached 2/L junction, while going district, he has received the message that roof occurred at 29 ½ L.” He replied,

“On that day the distribution got delayed. I have received the roof fall message through the bank head mazdoor

while I was proceeding towards 6A Bank head near Bits room as I told earlier. While proceeding to the district in

underground at 21 Endleum I have received clear information of roof fall and accident to the worker. Hence, both

my statements are correct.” Then the statement of Petitioners during enquiry in cross examination is contradictory

about the fact of leaving O.M. Room timing. It goes to show that he was not present on duty at the time of fatal

accident.

17.

Further, he was asked the question, that the accident of roof fall occurred at 1.15 am whereas he has

received the message at 1.30 am. That means he was on surface till 1.30 am, he replied. Then witness replied, “Yes

I admit that I was there on surface at that point of time at about 1.30 am. The reason was that I have distributed the

workmen as per the prevailing practice and as per the order of the superiors. Due to non-availability of working in

sufficient no. since workers were sent for miscellaneous jobs, another district also started 2 seam south. As per the

instruction of the Management I have introduced another machine. Hence, the distribution got delayed.” Further,

when he was put the question, “He was not given any instruction or order in writing by any competent authority to

distribute whole man power or part of the man power and further when there was a clear change of roof sounds in

R/S- 3 panel, you have neither gone down early to the district not bothered to the safety of the persons working in

R/S-3 panel, which was under your charge?” he replied, “as per the instructions of my superior officer, and as per the

practice in vogue, the distribution was done. Management also aware of the same. For staying on surface or for not

going to underground in time, it was due to the delayed distribution. I have already explained in my statement.”

18.

Thus, from the above statement of the delinquent given during the cross examination, it is quite clear that

though he was posted as Overman on 17.8.2002, and he was In-charge of the place of occurrence and he was duty

bound to be present at the place of duty where occurrence took place and to take all measures of safety and security

of the workmen who were carrying the work there, but he was absent from duty place in the duty hours. Admittedly

he was present during duty hours from 10.30 pm to 1.30 am on the surface without any justification. He could not

show any written instruction or order of competent superior authority for not attending the duty place, as he claimed

that as per order of superiors he was busy on surface for doing work of distribution during his own duty hour. Thus,

the delinquent employee could not produce any plausible explanation regarding his absence from the place of duty

during the duty hours when the fatal accident occurred. Therefore, in the absence of any satisfactory explanation, the

Petitioner delinquent was found guilty of charges of negligent of work and violation of Mines Act and Company’s

Standing Orders, 1994, he was rightly held guilty in the enquiry. Therefore, the submission of the Petitioner that the

fatal accident was not occurred due to his negligence is not tenable.

19.

Further, as the Petitioner has taken the plea that inspite of report of first, second shift overmen, why under

manager asked to continue work there, and instruction of Director of Mines Safety was violated and the safety officer

failed to inspect the unsafe area. All these pleas taken by the Petitioner cannot mitigate or eliminate his own

culpability and negligence in discharging of his duties, since he himself was absent from duty in duty hour without

any justification, when the fatal accident took place, in the area of which he was in charge at that time. Thus, I find

no force in the submission made by the Petitioner.

20.

In the case of M.L. Singla Vs. Punjab National Bank, Civil Appeal No.1841 decided on 20.9.2010

Hon’ble Apex Court have held:-

“once it is held that domestic inquiry is legal and proper the next question which arises for consideration is as to

whether the punishment imposed on petitioner is just and legal or it is disproportionate to the gravity of the charges.”

21.

The charges against the Petitioners were of, neglect of work and breach of Mines Act, 1952 and rules,

regulations, by-laws there underlie The Coal Mines Regulations, 1957. All the charges held proved in the domestic

enquiry against the Petitioners and they were found guilty of the charges. Due to Petitioners delinquency and

negligence in the discharge of duty, the fatal accident occurred and one workman lost his life. Since all the charges

were held proved in domestic enquiry, one can not possibly argue that charges were simple in nature. In other

words, both the charges were of serious nature. Therefore, keeping in view the serious nature and gravity of the

charges held proved against the Petitioners Sri V. Koteshwar, Head Overman, S/Sh. Lingam Odelu and Sriram,

Mining Sardars, the punishment of deduction of the two increments, imposed upon Petitioners by Disciplinary

Authority can not be faulted with nor it can be said that it is disproportionate to the gravity of the charges.

Although keeping in view of the gravity and seriousness of the charges held proved against the Petitioners, they

796

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

deserve more richly punishment but, the Disciplinary Authority has awarded comparatively mild punishment by

taking lenient view.

22.

As far as interference in the order of the punishment imposed by Disciplinary Authority is concerned,

Hon’ble Apex Court, in the case of Damoh Panna Sagar vs.Rural Regional Bank and another reported in Air

2005 SC 584, the Hon’ble Apex Court have held:-

“ the Court should not interfere with the administrator’s decision unless it was illogical or suffers from procedural

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

standards. Unless the punishment imposed by the Disciplinary Authority or the Appellate Authority shocks the

conscience of the Court/Tribunal, there is no scope for interference.” “In the instant case, services of the bank

employee of Regional Rural Bank were terminated on ground that he had unauthorisedly withdrawn amount from

bank.”

Therefore, in view of the fore gone discussion and the law laid down by Apex Court this court find the petition

devoid of any merit and it fails and is accordingly liable to be dismissed. As such, the Petitioners are not entitled to

any relief.

Thus, Points No.I & III are decided accordingly.

Result:

In the result, it is held that the action of the management of M/s. Singareni Collieries Company Ltd.,

Secunderabad in reducing two annual increments in respect of Sri V. Koteshwar, Head Overman, S/Sh. Lingam Odelu

and Sriram, Mining Sardars is held legal and justified. The Petitioners are not entitled to any relief as prayed for.

Hence, Petition is dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictate to Smt. P. Phani Gowri, Personal Assistant, transcribed by her and corrected by me on this the

17th day of May, 2023.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 14 फरवरी, 2024

का.आ. 367.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

ljdkj ओटो बैक िेल्थ केयर इंजडया प्राइवेट जलजमटेड ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp]

vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

नं. 1] नई दिल्ली

ds iapkV (

/

) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[सं.

-20013/01/2024-

(सी एम-II)]

मजिकंिन .एन, उप जनिेिक

New Delhi, the, 14th February, 2024

S.O. 367.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 267/2017) of the Central Government Industrial Tribunal-

cum-Labour Court N0. 1, New Delhi as shown in the Annexure, in the industrial dispute between the Management

of Otto Back Health Care India Pvt. Ltd and their workmen, received by the Central Government on 113/02/2024.

[No. L-20013/01/2024 – IR (CM-I1)]

MANIKANDAN. N, Deputy Director

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

797

ANNEXURE

CENTRAL GOVENRMENT INDUSTRIAL TRIBUNAL CUM

LABOUR COURT DELHI-1, ROOM NO. 207, ROUSE

AVENUE COURT COMPLEX, NEW DELHI

Present:

Justice Sh.Vikash Kunvar Shrivastava,

Presiding Officer, C.G.I.T.-Cum-Labour Court-I, New Delhi.

INDUSTRIAL DISPUTE CASE NO. 267/2017

Date of Passing Award- 21th August, 2023

Between:

Shri Ajay Kumar & Others,

S/o Late Sh. Raju, R/o 6/368,

Ambedkar Nagar,

New Delhi.

Workman

Versus

1. The Manager,

Otto Bock Health Care India Pvt. Ltd.,

19 South Patel Nagar,

Opp. Pillar No. 194,

New Delhi-110008

2. The Director,

Otto Bock Health Care Pvt. Ltd.,

20th floor Express Towers,

Nariman Point,

Mumbai-400021

Managements

Appearances: -

None for the Claimant

None for the Management

AWARD

This is an application u/s 2-A of the ID. Act, 1947 filed by the claimant against the management alleging

illegal termination of his service.

Notice served on the claimant and the managements.

The claimant filed the claim statement praying a direction to the management to reinstate the services of the

workman with continuity of services and with full back wages.

The management did not appear nor filed written statement and thus issues were not framed.

On 20.09.2022 last opportunity was given to the management to file the written statement. But management

did not file the written statement. And the matter was adjourned on 21.12.2023.

On 21.12.2023 due to administrative case was again adjourned for filing of written statement.

On 13.04.2023 perusal of record shows that the claimant is not turning up since long. Hence, the matter was

reserved for passing no dispute award.

The stand taken in the claim petition is not proved and substantiated for want of oral and documentary

evidence adduced by the claimant. Hence this no dispute award is passed.

Order

The claim be and the same is dismissed as not proved and accordingly answered against the claimant. This

no dispute award is passed and forwarded to the parties.

Send a copy of this award to the appropriate government for notification as required under section 17 of the

ID act 1947.

798

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

The application u/s 2-A of the ID. Act, 1947 is accordingly answered.

Dictated & Corrected by me.

Justice VIKAS KUNVAR SRIVASTAVA (Retd.), Presiding Officer

22nd August, 2023.

नई दिल्ली, 15 फरवरी, 2024

का.आ. 368.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj यूको बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa

dsUnzh; ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] चंडीगढ़-I ds iapkV (lanHkZ la[;k 23/2017) izdkf”kr djrh

gSA

[सं. ,y - 39025/01/2023- vkbZ vkj (ch-II)-44]

सलोनी] उप जनिेिक

New Delhi, the, 15th February, 2024

S.O. 368.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.23/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of UCO Bank and

their workmen.

[No L-39025/01/2023- IR (B-II)-44]

SALONI, Dy. Director

ANNEXURE

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

CHANDIGARH.

Present: Sh. J.K. Tripathi, Presiding Officer.

ID No.23/2017

Registered on:-23.08.2017

Smt. Sharanjit Kaur Wd/of late Sh. Parmjit Singh, R/o Village & PO Kalra, Tehsil & Distt. Jalandhar.

…………Workman

Versus

1.

General Manager, UCO Bank, Head Office, 10-BTM Barsani, Calcutta-700001.

2.

Assistant General manager, Regional Office, UCO Bank, BMC Jalandhar.

3.

General Manager, UCO Bank, V & PO Kalra Branch 0562, Distt. Jalandhar.

…………Respondents/Managements

AWARD

Passed On:-03.07.2023

1.

The workman Smt. Sharanjit Kaur has directly filed the present claim petition under Section under Section

2-A of the Industrial Disputes Act, 1947 (hereinafter called the Act), with a prayer to reinstate her in service with full

back wages and other benefits.

2.

The brief facts for deciding this claim petition as per the claim of the workman is that the workman was

engaged on daily wages at Class-IV at V & PO Kalra, Bank Branch of UCO Bank, Distt. Jalandhar w.e.f. 01.05.1998.

The workman was continuously worked from 01.05.1998 till 19.06.2016 when suddenly her services were terminated

in colourable exercise of powers by the General Manager and her was told not to attend duty from tomorrow i.e.

20.06.2016. The termination of the workman is in hire and fire as she had put in 18 years of an unblemished service.

The workman had been giving representations and making verbal requests for regularization of her services to the

higher authorities but no heed in the matter was given and the juniors to the workman were regularized in service and

the management had delivered her right to others although it was her right. At the time of the termination of the

workman, no seniority was maintained and juniors to the workman had been retained in service. The name of such

persons shall be disclosed at the time of evidence to avoid tempering of record by the management. The termination

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

799

of the workman from service is an unfair labour practice in provisions of Chapter IV-A Item No.10 keeping the

workman for daily wages/temporarily for years is an unfair labour practice. The workman had put in more than 240

days of service in each year of her service. No charge sheet, enquiry or that of show cause notice was served upon the

workman which renders her termination as illegal, void and bad in law. The management had violated the provisions

of Section 25-G, 25-H and 25-F of the Industrial Disputes Act, 1947 which renders her termination illegal, void and

bad in law and the workman is entitled to reinstatement in service with full back wages and other attendant benefits

which he awarded to the workman in the interest of justice.

3.

The management has filed written statement to the claim statement filed by the workman, alleging therein

that the present industrial dispute as raised on behalf of Ms Sharanjit Kaur is fully misconceived being devoid of any

merit and as such, the present conciliation proceeding is fit to be dropped. The workman was never appointed by the

Bank to discharge the duty of Class-IV by Kalra Branch nor the workman discharged duty of Class-IC. The workman

was engaged by the then Branch Manager for taking work for 1-2 hours as per necessity of work as and when

required but the workman was never engaged on daily basis nor she performed the duty of peon/Claiss-IV. The

services of the workman was not terminated by the Bank. Since the workman was not an employee of the Bank the

question of termination of her services does not arise. The workman was representing to higher authorities of the

Bank for regularization of her job. Since the workman is not an employee of the Bank, hence there is no relationship

of employer and employee between Bank and workman. in regard to engagement of daily wages, the management

may inform the workman that neither there is such policy of the Bank nor any official of the Bank has been

authorized for the purpose. The engagement if any, is void ab initio having ultra vires & unauthorized acts of the

concerned officials of the bank. The respondent-bank being a PSB is “State” as per Article 12 of the Constitution of

India and all appointment/engagement in the Bank’s service is guided by an established procedure & policy of the

Bank in conformity with the Government Guidelines in the matter by giving equal opportunity to all job seekers. The

workman was never an employee of the Bank, hence the question of maintaining seniority does not arise and the

workman was never engaged for a period of 240 days continuously or otherwise in toto in a year. Since the workman

was not the employee of the Bank as such, question issuing notice of termination does not arise. There is no

employer-employee relationship between the Bank and the workman and the provisions of Section 25-G, 25-H and

25-F do not apply. It is therefore, prayed that the claim filed by the workman may kindly be dismiss in the interest of

justice and also have the management from unnecessary harassment.

4.

The workman field rejoinder to the written statement filed by the management, alleging therein that the

respondent have not disclosed any of the reasons as to why this case to be closed by the Hon’ble Industrial Tribunal

when the same is required to be adjudicated by this Hon’ble Tribunal. As a matter of fact the Incharge Bank Manager

of Branch Village & P.O. Kalara, District Jalandhar has recommended the service of Smt. Sharanjit Kaur and the

workman was in continuous service w.e.f. 01.05.1998 till her termination w.e.f. 19.06.2016 and had rendered more

than 240 days in each years of service. The remaining facts alleged in the rejoinder is same as alleged in the claim

statement hence need not to be repeated again.

5.

During the pendency of the proceedings before this Tribunal on 03.07.2023, the case was fixed for evidence

of the workman but none has appeared on behalf of workman. Several opportunities have already been given to the

workman for affidavit but none turned up in spite of several opportunities afforded. This shows that the workman is

not interested in adjudication of the case on merit.

6.

Since the workman has neither put her appearance for long nor she has led any evidence. Therefore, the

case of the workman is dismissed in default for the non-prosecution of the workman.

7.

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

publication.

J. K. TRIPATHI, Presiding Officer

नई दिल्ली, 15 फरवरी, 2024

का.आ. 369.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ओररएंटल बैंक ऑफ कॉमसस ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V vkS|ksfxd

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] चंडीगढ़-I ds iapkV (lanHkZ la[;k 98/2012) dks

izdkf”kr djrh gSA

[सं. ,y-12012/71/2012- vkbZ vkj (ch-II)]

सलोनी] उप जनिेिक

800

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

New Delhi, the, 15th February, 2024

S.O. 369.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 98/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Oriental

Bank of Commerce and their workmen

[No. L-12012/71/2012- IR (B-II)]

SALONI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-1,

CHANDIGARH.

Present: Sh. Jyoti Kumar Tripathi, Presiding Officer.

ID No. 98/2012

Registered on:-11.03.2013

Sh. Ramesh Kumar , S/o Sh. Ram Chander, R/o VPO Dinod, Near Radha Swami Ashram, Tehsil & Distt. Bhiwani,

Haryana. Haryana

...Workman

Versus

1. The Sr. Manager, Oriental Bank of Commerce, Clock Tower, Bhiwani, Haryana. Haryana-

......Respondent/Management

Appearance

For the Workman

None

For the Management

Sh. Hemant Parihar, Proxy

Counsel to Sh. Kumar Nikshep,

AR for Management

AWARD

Passed On:- 07.02.2023

Central Government vide Notification No.L-12012/71/2012-IR(B-II) dated 11.02.2013, under clause (d) of

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

following Industrial dispute for adjudication to this Tribunal.

"Whether the demand of Sh. Ramesh Kumar S/o Sh. Ram Chander for reinstatement and

regularization in service with the management of Oriental Bank of Commerce w.e.f. May 2000 is fair

and legal? What relief the workman is entitled to?"

1.

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

for adjudication also directed the following:-

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

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

forward a copy of such a statement to each of the opposite parties involved in this dispute under rule 10(B) of

the Industrial dispute (Central), Rules, 1957".

2. Claim statement was filedby the workman. In which the workman stated that claimant-petitionerwas

engaged/appointed as Water boy-cum-Peon in the respondent's Bank in the month May, 2000 and worked

continuously upto30.06.2011. The work and conduct of the claimant-petitioner remained highly satisfactory through

out his service tenure. On 01.07.2011, when the claimant-petitioner reported for his duty as usual, he was not allowed

to resume his duty verbally by sayingthat "your servicesare not more required". In this way, the services of the

claimant-petitioner stands terminated since then.It is also stated in the claim statement that the claimant-petitioner has

continuously worked from May, 2000 to 30-06-2011 with utmost sincerity and probity to the entire satisfaction of his

superiors, but the respondent's bank has notpaid earned wages for month of May & June, 2011 so far to the claimant-

petitioner.The respondent'sbank carries on systematic activities are organized by cooperation between employees and

employer and services are rendered satisfy the human wants and wishes, hence the respondent falls under the

determination of Industrial as per Section 2(j) of the Industrial DisputeAct, 1947. The claimant-petitioner was

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

801

engaged as Water boy-cum-Peon and used to do the manual work in the respondent's bank/organization for hire and

reward and there exist relationship of employer and employee between the respondent's bank and the claimant-

petitioner; hence the claimant-petitioner falls within the definition of workmen as per section 2(s) of the Industrial

Dispute Act, 1947. The termination of the services of the claimant-petitioner in such a unilateral manner is quite

illegal, unjustified, capricious, null and void being not in accordance with the provision of Industrial Dispute

Act, 1947 and principals of the natural justice. Neither respondent's bank has supplied the list of seniority nor affixed

the same on the notice board hence, the respondent's bank has violated the rule 76 of the ID Act. The respondent's

bank action to terminate the services of claimant-petitioner in such a unilateral manner smacks malafide, as the

respondent's bank has terminated the services of the claimant-petitioner with a view to adjust their own near and dear

in place of mind. Claimant-petitioner has filed demand notice, upon which the respondent's bank has submitted their

reply.

3. Ld. Counsel for Sh. N.K. Zakhmi, A.R. for respondent filed written statement on behalf of respondent management

of Oriental Bank of Commerce. In the written statement it has been submitted by Ld. Counsel that the present

reference is not maintainable and is without jurisdiction and liable to be dismissed on the ground that the present

subject matter does not fall within the ambit of Section 2-A of the Industrial Disputes Act, 1947. The

petitioner/workman was engaged on purely temporary, contractual and needed basis i.e. as and when any exigency

arises the petitioner was called for doing specific work. The petitioner was never engaged against any sanctioned post.

Hence, it is categorically stated that since the petitioner was engaged on purely temporary and need basis i.e. as and

when his services were required at a mutually consolidated contractual amount, he had been called for a while to

render services for cleaning and dusting of the branch and sweeping the branch premises which job was hardly for

2 to 3 hours a day and he was paid different contractual amount according to the work done by him. Photocopies of

vouchers through which the petitioner was paid the mutually agreed amount are enclosed as Annexure M-1. The

disengagement of a contractual worker does not amount to retrenchment as such the present subject matter does not

fall within the ambit of Section 2-A of the Industrial Disputes Act. The present reference deserves to be dismissed on

this ground alone. It is also stated in written statement that the present reference deserves to be dismissed on the

ground that the claim of the petitioner is false, frivolous, vexatious and has been filed with ulterior motive to take

undue advantage, harass and humiliate the respondent management by abusing the process of law because the

petitioner has never been in the employment of the respondent management. Moreover, there was indeed no privity of

contract whatsoever in regard to any matter between the respondent management and the petitioner. As such, the

petitioner was no a workman employed by the respondent management within the meaning of Section 2-S of the

Industrial Disputes Act. There was no administrative, economic and disciplinary control of the respondent

Management over the petitioner. The petitioner has never completed 240 days with the respondent management

continuously in any calendar year preceding the date with reference to the date of disengagement. The factual position

is that the petitioner was being engaged as a part time and casual worker purely on temporary and need basis as and

when his services were required and he worked as a cleaner and for sweeping of branch and he was paid mutually

agreed amount according to the work done by him. The petitioner was not in employment of the respondent

Management. It is settled law as held by the various Hon'ble High Courts as well as Hon'ble Supreme Court that the

disengagement of the contractual, casual worker engaged temporarily and on need basis at mutually agreed rate

between the management and the worker, does not constitute to the retrenchment and certainly his entry is a back

door entry for filing up such vacancies which have got to be strictly avoided. It is stated that the petitioner was never

appointed in the respondent bank at any point of time nor has ever worked in the bank under any direct or indirect

authority.The reference is bad in law and deserves to be dismissed on the ground that the petitioner was never

engaged after following the requisite procedure of recruitment applicable to the employees of the respondent Bank. It

is respectfully prayed that, the preliminary objection may kindly be taken up at the first instanceand the present claim

be dismissed on the preliminary objection alone.

4. Workman has been given sufficient opportunities to argue however, none turned up in spite of several

opportunities. It appears that appellant has no interest to carry on the appeal, prior to this none has appeared. As such

this Tribunal is left with no alternative except to pass a 'No Claim Award'.

Accordingly, 'No Claim Award' is passed in the instant ID No.98/2012 and this ID appeal is liable to be dismissed for

non-prosecution and hence dismissed.

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

publication.

JYOTI KUMAR TRIPATHI, Presiding Officer

नई दिल्ली, 15 फरवरी, 2024

का.आ. 370.—औद्योजगक जववाि अजिजनयम, 1947 (1947 का 14) की िारा 17 के अनुसरि में, केन्रीय सरकार

मैससा बिंिुस्ट्तान एयरोनॉठटक्स जलजमटेड, बैरकपुर, के प्रबंितंत्र के संबद्ध जनयोिकों और उनके संघ/कामगार, के बीच अनुबंि

802

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

में जनर्िाष्ट केन्रीय सरकार औद्योजगक अजिकरि- सि- श्रम न्यायालय- कोलकाता पंचाट(संिभा संख्या 08 OF 2011) को

िैसा दक अनुलग्नक में दिखाया गया िै,प्रकाजित करती िै िो केन्रीय सरकार को सॉफ्ट कॉपी के साथ 15.02.2024 को प्राप्त

हुआ था l

[सं. एल -42011/43/2011-आईआर (डीयू)]

दिलीप कुमार, अवर सजचव

New Delhi, the, 15th February, 2024

S.O. 370.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 08 OF 2011) of the Central Government Industrial Tribunal

cum Labour Court – Kolkata as shown in the Annexure, in the Industrial dispute between the employers in relation

to M/s. Hindustan Aeronautics Ltd, Barrackpore, and their Union/ Worker, which was received along with soft

copy of the award by the Central Government on 15.02.2024.

[No. . L-42011/43/2011-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLKATA

Present : Justice K. D. Bhutia, Presiding Officer.

REF. NO.8 OF 2011

Parties : Employers in relation to the management of

Hindustan Aeronautics Ltd., Barrackpore

AND

Their Union/ Workmen

Appearance :

On behalf of the Management

: Mr. Ranjay Dey, Advocate.

On behalf of the Workmen

: Mr. S. K. Karmakar, Advocate.

Dated: 18th January, 2024

AWARD

Both sides are present through their respective Ld. Counsels.

Sri Tapas Kumar Gope and Sri Somnath Nandi, authorised representatives of other 22 workmen have filed a

petition supported by an affidavit along with a letter of authority, copy duly served. Let those be taken on record.

Ld. Counsel for the workmen submits that workmen have voluntarily decided not to pursue with the present

reference case raised by them. Therefore, they pray that the present reference case may be disposed of for non-

prosecution.

The Ld. Counsel for the management of Hindustan Aeronautics Ltd., Barrackpore raises no objection.

Since the workmen who have raised the present dispute are not willing to proceed with their demand for

regularisation of their service in Hindustan Aeronautics Ltd., Barrackpore, the Tribunal has no option but to dispose

of the case for non-prosecution. Accordingly, the withdrawal application filed by the workmen is allowed.

In view of above the present Reference Case No. 8 of 2011 is disposed of for non-prosecution and

accordingly ‘no dispute’ award is passed.

Justice K. D. BHUTIA, Presiding Officer

नई दिल्ली, 16 फरवरी, 2024

का.आ. 371.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj ds मेससा ए.पी. जसक्यूठरटास (पी) जलजमटेड, एससीओ 23-24, लोिगढ़ रोड, कॉपोरेिन बैंक के पास, पिली

मंजिल, िीरकपुर, जिला। एसएएस नगर, मैससा जसक्यूठरटन्स इंजडया प्रा. जलजमटेड, एससीओ 19, फेज़ 9, मोिाली,

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

803

मैससा एच.डी.एफ.सी. बैंक, प्लॉट नं.363, इंडजस्ट्रयल एठरया, फेज़-1, चंडीगढ़, और िनक बसंि, कामगार, ds chp

vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; ua 1 p.MhxM ds iapkV

(lanHkZ la[;k 44/2022) dks izdkf”kr djrh gSA

[सं. ,y-12025/01/2024- vkbZ vkj (ch-I)-103]

सलोनी] उप जनिेिक

New Delhi, the, 16th February, 2024

S.O. 371.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 44/2022) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court –I Chandigarh as shown in the Annexure, in the industrial dispute between the management of M/s A.P.

Securitas(P) Ltd., SCO 23-24, Lohgarh Road, Near Corporation Bank, 1st Floor, Zirakpur, Distt. SAS

Nagar,M/s Securitans India Pvt. Limited, SCO 19, Phase 9, Mohali, M/s H.D.F.C. Bank, Plot No.363,

Industrial Area, Phase-1, Chandigarh, and Janak Singh.Worker.

[No. L-12025/01/2024- IR(B-I)-103]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.

Present: Sh. J.K. TRIPATHI, Presiding Officer.

ID No. 44/2022

Registered On:-13.12.2021

Sh. Janak Singh S/o Sh. Mohan Singh R/o Village Ram Nagar, PO Jansla, Rajpura, Distt. Patiala.

...Workman

Versus

1.

M/s A.P. Securitas(P) Ltd., SCO 23-24, Lohgarh Road, Near Corporation Bank, 1st Floor, Zirakpur, Distt. SAS

Nagar-140603.

2.

M/s Securitans India Pvt. Limited, SCO 19, Phase 9, Mohali.

3.

M/s H.D.F.C. Bank, Plot No.363, Industrial Area, Phase-1, Chandigarh.

......Respondents/Managements

AWARD

Passed On:-18.08.2023

1. The workman Janak Singh has directly filed this claim petition under Section 2-A of the Industrial Dispute Act

1947(hereinafter called the Act) for reinstatement in service with continuity of service with full back wages.

2. The brief facts for deciding this claim petition as per the claim of the workman is that the workman has been

working at the time of illegal termination through respondent no.1 and 2 at the premises of Principal

Employer(respondent no.3) as Security Gunman since 04.10.2011. The services of the workman were lent to

respondent no.3 by respondent no.1 and 2 at the time of illegal termination on 30.09.2017. The workman was drawing

a salary of Rs.8,200/- per month at the time of illegal termination for working on all the days in the year. No over

time, leaves, weekly off and National & Festival Holidays were ever given to the workman. The respondent no.1 and

2 entered into illegal, void and shameful agreement with respondent no.3 knowing well that the post on which the

workman is working is of perennial nature and regular one. Moreover, no permission has been obtained from the

Labour Department for engaging the respondent no.1 and 2 from the Labour Authorities under the Contract Labour

(Regulation & Abolition) Act. The workman was working under the direct control and supervision of the Principal

Employer i.e. respondent no.3 and respondent no.1 and 2 was only engaged to deprive the workman of statutory

benefits of leaves, bonus, gratuity and other long term benefits and equal pay being paid to regular workers etc. to

which the workman is legally entitled. None of the above respondents has issued any appointment letter, identity card,

wage slip etc. the management was not paying even the minimum wages notified for security Gunman as per Central

Govt. rates. During the tenure of the services of the workman, the work and performance of the workman was

satisfactory and to the entire satisfaction of his superiors/seniors. The deliberate refusal of the principal employer i.e.

respondent no.3 in connivance with employer i.e. respondent no.1 and 2 to the workman to perform his normal duties

804

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

amounts to illegal termination and is voilative of the provisions of Section 25-F, 25-G and 25-H of the Industrial

Disputes Act, 1947. No show cause notice, charge sheet or held no enquiry while terminating the services of the

workman. The act and conduct of the principal employer illegally and arbitrarily terminating the services of the

workman are in violation of the provisions of the Industrial Disputes Act, 1947. It is therefore, prayed that the

directions may please be given to the respondents to reinstate the workman in service with full back wages along with

all consequential benefits on the same post and on same terms and conditions with seniority.

3. During the pendency of the proceedings on 18.08.2023 the learned AR of the workman Sh. Tarun Malhotra filed

an application for withdrawal of the present claim petition as with the averments that the matter has been settled

between the workman and management further he has not to proceed the case. The statement of the learned AR of the

workman Sh. Tarun Malhotra is recorded separately in the open Court.

4. In view of the statement made by the learned AR of the workman, the present claim petition deserves to be

dismissed as withdrawn. Accordingly, the instant claim petition registered as ID No.44/2022 stands withdrawn and

dismissed. File after completion be consigned in the record room.

5. Let copy of this award be sent to Central Government for publication as required under Section 17 of the ID Act,

1947.

J.K. TRIPATHI, Presiding Officer

नई दिल्ली, 16 फरवरी, 2024

का.आ. 372.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj ds eSससा ए.पी. जसक्यूठरटास (पी) जलजमटेड, एससीओ 23-24, लोिगढ़ रोड, कॉपोरेिन बैंक के पास, पिली

मंजिल, िीरकपुर, जिला। एसएएस नगर, मैससा जसक्यूठरटन्स इंजडया प्रा. जलजमटेड, एससीओ 19, फेज़ 9, मोिाली, मैससा

एच.डी.एफ.सी. बैंक, प्लॉट नं.363, इंडजस्ट्रयल एठरया, फेज़-1, चंडीगढ़, और सुखबवंिर बसंि, कामगार, ds chp vuqca/k

esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; ua 1 p.MhxM ds iapkV (lanHkZ

la[;k 45/2022) dks izdkf”kr djrh gSA

[सं. ,y-12025/01/2024- vkbZ vkj (ch-I)-104]

सलोनी] उप जनिेिक

New Delhi, the, 16th February, 2024

S.O. 372.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 45/2022) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court –I Chandigarh as shown in the Annexure, in the industrial dispute between the management of M/s A.P.

Securitas(P) Ltd., SCO 23-24, Lohgarh Road, Near Corporation Bank, 1st Floor, Zirakpur, Distt. SAS

Nagar,M/s Securitans India Pvt. Limited, SCO 19, Phase 9, Mohali, M/s H.D.F.C. Bank, Plot No.363,

Industrial Area, Phase-1, Chandigarh, and . Sukhvir Singh.Worker.

[No. L-12025/01/2024- IR(B-I)-104]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.

Present: SH. J.K. TRIPATHI, Presiding Officer.

ID No. 45/2022

Registered On:-13.12.2021

Sh. Sukhvir Singh S/o Sh. Jeet Singh R/o Village Ram Nagar, PO Jansla, Rajpura, Distt. Patiala.

...Workman

Versus

1. M/s A.P. Securitas(P) Ltd., SCO 23-24, Lohgarh Road, Near Corporation Bank, 1st Floor, Zirakpur, Distt. SAS

Nagar-140603.

2. M/s Securitans India Pvt. Limited, SCO 19, Phase 9, Mohali.

3. M/s H.D.F.C. Bank, Plot No.363, Industrial Area, Phase-1, Chandigarh.

...Respondents/Managements

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

805

AWARD

Passed On:-18.08.2023

1. The workman Sukhvir Singh has directly filed this claim petition under Section 2-A of the Industrial Dispute

Act 1947 (hereinafter called the Act) for reinstatement in service with continuity of service with full back wages.

2. The brief facts for deciding this claim petition as per the claim of the workman is that the workman has been

working at the time of illegal termination through respondent no.1 and 2 at the premises of Principal

Employer(respondent no.3) as Security Gunman since 04.10.2012. The services of the workman were lent to

respondent no.3 by respondent no.1 and 2 at the time of illegal termination on 30.09.2017. The workman was drawing

a salary of Rs.8,200/- per month at the time of illegal termination for working on all the days in the year. No over

time, leaves, weekly off and National & Festival Holidays were ever given to the workman. The respondent no.1 and

2 entered into illegal, void and shameful agreement with respondent no.3 knowing well that the post on which the

workman is working is of perennial nature and regular one. Moreover, no permission has been obtained from the

Labour Department for engaging the respondent no.1 and 2 from the Labour Authorities under the Contract Labour

(Regulation & Abolition) Act. The workman was working under the direct control and supervision of the Principal

Employer i.e. respondent no.3 and respondent no.1 and 2 was only engaged to deprive the workman of statutory

benefits of leaves, bonus, gratuity and other long term benefits and equal pay being paid to regular workers etc. to

which the workman is legally entitled. None of the above respondents has issued any appointment letter, identity card,

wage slip etc. the management was not paying even the minimum wages notified for security Gunman as per Central

Govt. rates. During the tenure of the services of the workman, the work and performance of the workman was

satisfactory and to the entire satisfaction of his superiors/seniors. The deliberate refusal of the principal employer i.e.

respondent no.3 in connivance with employer i.e. respondent no.1 and 2 to the workman to perform his normal duties

amounts to illegal termination and is voilative of the provisions of Section 25-F, 25-G and 25-H of the Industrial

Disputes Act, 1947. No show cause notice, charge sheet or held no enquiry while terminating the services of the

workman. The act and conduct of the principal employer illegally and arbitrarily terminating the services of the

workman are in violation of the provisions of the Industrial Disputes Act, 1947. It is therefore, prayed that the

directions may please be given to the respondents to reinstate the workman in service with full back wages along with

all consequential benefits on the same post and on same terms and conditions with seniority.

3. During the pendency of the proceedings on 18.08.2023 the learned AR of the workman Sh. Tarun Malhotra filed

an application for withdrawal of the present claim petition as with the averments that the matter has been settled

between the workman and management further he has not to proceed the case. The statement of the learned AR of the

workman Sh. Tarun Malhotra is recorded separately in the open Court.

4. In view of the statement made by the learned AR of the workman, the present claim petition deserves to be

dismissed as withdrawn. Accordingly, the instant claim petition registered as ID No.45/2022 stands withdrawn and

dismissed. File after completion be consigned in the record room.

5. Let copy of this award be sent to Central Government for publication as required under Section 17 of the ID Act,

1947.

J.K. TRIPATHI, Presiding Officer

नई दिल्ली, 17 फरवरी, 2024

का.आ. 373.—औद्योजगक जववाि अजिजनयम, 1947 (1947 का 14) की िारा 17 के अनुसरि में, केन्रीय

सरकार मुख्य पोस्ट्ट मास्ट्टर िनरल,डाक सेवाएाँ,चंडीगढ़; वठरष्ठ डाक अिीक्षक, िोजियारपुर मंडल, िोजियारपुर, पंिाब;

उप मंडल जनरीक्षक, डाक जवभाग, पजश्चम उप मंडल, िोजियारपुर, पंिाब, के प्रबंितंत्र के संबद्ध जनयोिकों और श्री

िोबगंिर बसंि, कामगार, द्वारा - मंडल सजचव, अजखल भारतीय डाक सेवक संघ, िोजियारपुर मंडल, िोजियारपुर, पंिाब,

के बीच अनुबंि में जनर्िाष्ट औद्योजगक जववाि में केन्रीय सरकार औद्योजगक अजिकरि- सि- श्रम न्यायालय-2 चंडीगढ़

पंचाट (संिभा संख्या 77/2019) को िैसा दक अनुलग्नक में दिखाया गया िै, प्रकाजित करती िै िो केन्रीय सरकार को सॉफ्ट

कॉपी के साथ 17/02/2024 को प्राप्त हुआ था l

[सं. एल-40011/12/2019-आईआर-(डीयू)]

दिलीप कुमार, अवर सजचव

New Delhi, the, 17th February, 2024

S.O. 373.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 77/2019) of the Central Government Industrial Tribunal cum

Labour Court –2,Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation

806

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

The Chief Post Master General, Postal Services, Chandigarh; The Sr. Superintendent of Posts, Hoshiarpur

Division, Hoshiarpur, Punjab ;The Sub Divisional Inspector, Department of Posts, West Sub Division,

Hoshiarpur, Punjab, and Shri Joginder Singh, Worker, through-Divisional Secretary, All India Dak Sewak

Union, Hosiarpur Division, Hoshiarpur, Punjab, which was received along with soft copy of the award by the

Central Government on 17/02/2024.

[No. L-40011/12/2019-IR(DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

In the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh.

Present: SH. KAMAL KANT, Presiding Officer.

ID No. 77/2019

Registered on:-20.08.2019

Joginder Singh through the Divisional Secretary, All India Dak Sewak Union, Hoshiarpur Division, V&PO Patti, SO

Bihala, District Hoshiarpur.

...Workman

Versus

1.

Chief Post Master General, Postal Services, Sector 17-D, Chandigarh-160017.

2.

Sr. Superintendent of Posts, Hoshiarpur Division, Hoshiarpur, Punjab-146021.

3.

Sub-Divisional Inspector, Department of Posts, West Sub Division, Hoshiarpur, Punjab-146021.

... Respondents/Managements

AWARD

Passed On:-24.01.2024

Central Government vide Notification No.L-40011/12/2019-IR(DU), Dated 24.07.2019, under clause (d) of

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

following Industrial dispute for adjudication to this Tribunal:-

“Whether the action of Management of Posts for non-releasing full back wages to Sh. Joginder Singh

GD/SMD is legal and justified? If not, what relief the workman is entitled and from which date? 2.

Whether the action of management of Posts for debarring three years for recruitment to the MTS

group-c to Sh. Joginder Singh is legal and justified? If not, what relief the workman is entitled to and

from which date?

1.

Today i.e. 24.01.2024 the case was fixed for ex parte evidence of workman as the management was

proceeded ex parte on 16.05.2023 and no written statement had been filed by the management.

2.

The workman is given sufficient opportunities for ex parte evidence but workman has not turned up since

24.08.2023 many opportunities given, which shows that the workman is not interested in adjudication of the matter

on merit.

3.

Since the workman has neither put his appearance for long nor he has filed any evidence to prove his cause

against the management and the workman has left the case unattended for a long time without any intimation, as

such, this Tribunal is left with no choice, except to pass a ‘No Claim Award’. Accordingly, ‘No Claim Award’ is

passed in the present reference for the non-prosecution of workman.

4.

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

publication.

KAMAL KANT, Presiding Officer

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

807

नई दिल्ली, 19 फरवरी, 2024

का.आ. 374.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

भारतीय स्ट्टेट बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa dsUnzh;

ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] बैंगलोर ds iapkV (24/2015) izdkf”kr djrh gSA

[सं. एल-12025/01/2024-आईआर-(बी-I)-105]

सलोनी] उप जनिेिक

New Delhi, the, 19th February, 2024

S.O. 374.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 24/2015) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Bangalore as shown in the Annexure, in the industrial dispute between the management of State Bank of

India and their workmen.

[No. L-12025/01/2024-IR(B-I)-105]

SALONI, Dy. Director

ANNEXURE

BEFORE THE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

BANGALORE, CAMP COURT At HYDERABAD

“Shram Sadan”,

G G Palya, Tumkur Road,

Yeswanthpur, Bangalore – 560 022

DATED

: 3RD NOVEMBER 2023

PRESENT : Shri IRFAN QAMAR

Presiding Officer

I D No. 24/2015

I Party

II Party

Sri Thimmaraju E,

S/o Eranna,

Resident of Chikkadasarahalli,

Chiddanahalli Post,

Sira Taluk, TUMKUR

1. The Chief Manager, State Bnak of India, L C P

Center, Pragathi Mahalakshmi, No. 62 12st main,

3rd Cross, Yeswnahtpur, Bangalore – 22.

2. The Manager, State Bank of India, Focal Point

Link Branch, Bangalore.

Appearance

Advocate for I Party : Mr. Ranganath Prasad B S

Advocate for II Party : Mr. Ramesh Upadhyaya

AWARD

1.

The petition is filed under Sec 2-A(2) of the Industrial Disputes (Amendment) Act, 2010 (for brevity

‘the Act’) by the 1st Party workman / former employee of the State Bank of India who was refused for work.

2.

Petitioner is absent since last many dates of hearing. Perused the record. Petitioner has filed Petition

under Section 2A (2) of ID Act to direct Respondent to reinstate the Petitioner to Employment. But the

Petitioner has not substantiated his claim by any cogent and reliable evidence. Hence, Petition is unfounded

without any ground dismissed. No claim Award is passed. Transmit.

(Dictated to Secretary to Court, transcribed by him, corrected and signed by me on 03.11.2023)

IRFAN QAMAR, Presiding Officer

808

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

नई दिल्ली, 19 फरवरी, 2024

का.आ. 375.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

उत्तरबंगा क्षेत्रीय िामीि बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn

esa dsUnzh; ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky; dksydrk ds iapkV (05/2007) izdkf”kr djrh gSA

[सं. एल-12012/238/2005-आईआर-(बी-I)]

सलोनी] उप जनिेिक

New Delhi, the, 19th February, 2024

S.O. 375.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 05/2007) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Kolkata as shown in the Annexure, in the industrial dispute between the management of Uttarbanga Kshetriya

Gramin Bank and their workmen.

[F No. L-12012/238/2005-IR(B-I)]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLKATA

Present : Justice K. D. Bhutia, Presiding Officer.

REF. NO. 05 OF 2007

Parties : Employers in relation to the management of

Uttarbanga Kshetriya Gramin Bank

AND

Uttarbanga Kshetriya Gramin Bank Khudra Sanchayak Collectors’ Association.

Appearance :

On behalf of Bank : Ms. Tutul Das, Advocate

On behalf of the Association: Mr. Aritra Roychowdhury, Advocate.

Dated: 9th October, 2023

AWARD

The Central Government, Ministry of Labour By Order No L-12012/238/2005 IR (B-I) dated 02-03-2007, in

excise of the power conferred under sub section 10 (1) (d) and (2A) of section of the Industrial Dispute Act, 1947 has

referred the following dispute for adjudication by this Tribunal: –

“Whether the action of the Management of Uttarbanga Kshetriya Gramin Bank by not extending the benefit

to the mini deposit collectors of their bank, as it is being given to the other 11 Nationalised Bank, as per order of the

Hon’ble Supreme Court, only on the ground that they were not party to the dispute, is justified? If not, what relief the

workmen concerned are entitled?”

The facts in a nutshell is that the claimant is the association of Authorised Collection Agents of Uttarbanga

Kshetriya Gramin Bank appointed for collection under the scheme “Khudra Sanchay Prakalpa”. It is their case that

the Hon’ble Supreme Court in Indian Bank Association –vs- Workmen of Syndicate Bank & Ors. reported in (2001) 3

SCC 36, has been pleased to declare collection agents of the banks as workmen and existence of relationship of

master and servant in between the Bank and the Collection Agents, thereby the Hon’ble Supreme Court has been

pleased to pay full back wages of Rs.750/- per month linked with minimum deposit of Rs.7,500/- per month, incentive

remuneration @2% for collection above Rs.7500, conveyance allowance @ Rs.50/- and Rs100 /-respectively for

deposit of less than Rs.10,000/- and more than that per month and gratuity of 15 days’ commission for each year of

service rendered by those collection agents. Thus, it is alleged the judgement passed by the Hon’ble Supreme Court

being a judgment in rem and as such all the collection agents working either for nationalised banks or for regional

banks are bound by such judgment and entitled to get the financial benefits.

That in compliance of the order passed by the Hon’ble Supreme Court in such judgment on 13-02-2001 Gour

Gramin Bank vide circular No.2174 dated 27-02-2004 extended all the benefits granted by the Hon’ble Supreme

Court to its agents. Similarly, Koshi Khetriya Gramin Bank who by issuing circular no.76/06-07 dated 08-03-2007

extended all the benefits that has been granted by the Hon’ble Supreme Court in the above judgment to its own

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

809

collection agents. Such directions given by the Hon’ble Supreme Court was duly complied by the Central Bank of

India, the patron of the Khetriya Gramin Bank.

Therefore, the claimant requested the management of the bank for extending all the benefits given by the

Hon’ble Supreme Court to the collection agents in the Indian Bank Association case (supra), but the bank refused to

grant any benefits. Hence, this reference.

The management of the bank in its written reply has alleged the claimant association is not recognised by the

bank and such association has no power to negotiate with the bank. That Khetriya Gramin Bank was not a party to the

judgment that has been passed by the Hon’ble Supreme Court and as such it is not bound to comply the direction

given by the Hon’ble Supreme Court in the said judgment.

It is also alleged Khudra Sanchay Collectors are not working in the bank and they have no fixed working

hours. The bank has no control over them. They do their collection work as per their own convenience. There exists

no relationship of employee and employer in between the Bank and the Deposit Collectors.

That Central Bank of India though a sponsored bank of the Uttarbanga Khetriya Gramin Bank, but Gramin

bank has its own independent rules and regulation to carry on banking business. Thus, it has prayed for dismissal of

the reference.

The claimant in support of their claim has examined Sri Jiban Talukdar it’s the General Secretary as

W.W. No.1 and who has produced and exhibited 13 documents which have been marked as Exhibit-1 to 13.

The claimant has also examined Sri Tarun Kumar Sarkar, its Vice President as W.W. No.2. and who have

produced certain documents which have been inadvertently marked as Exhibit-W-1 to W-17 instead of Exhibit-W-14

to W-30.

On the other hand the management has examined Sri Prasenjit Mondal, Sr. Manager, Pradhan Nagar Branch,

Siliguri as M.W. No.1 and exhibited certain documents which have been marked as Exhibit M-1 to M-7.

After considering the submissions made by the Ld. Counsels for both sides and the pleadings of the bank

including the documentary evidence filed by them, the only issue that requires determination in the present reference

is whether Uttarbanga Khetriya Gramin Bank is bound by the judgment passed by the Hon’ble Supreme Court in in

Indian Bank Association –vs- Workmen of Syndicate Bank & Ors. reported in (2001) 3 SCC 36 ?

It is the undisputed fact that claimants are the authorised collection agents under Khudra Sanchay Prakalpa,

appointed by the management of Uttarbanga Khetriya Gramin Bank. It is the contention of the claimant that the

judgment passed by the Hon’ble Supreme Court in the above mentioned case is the judgment in rem and all the banks

which engage collections agents are bound to comply and follow the directions passed by the Hon’ble Supreme Court

in the said judgment.

On the other hand it is the case of the management of the bank that the bank not being party to the said

judgment and as such direction given in the said judgment is not binding upon it.

Article 141 of the Constitution of India stipulates that the law declared by the Supreme Court shall be binding on

all Courts within the territory of India. Thus, the general principles laid down, by the Supreme Court are binding on

each individual including those who are not a party to an order. In a number of judgements the Supreme Court has

emphasized the importance and validity of Article 141 of the Constitution within the ambit of following certain

general rules, i.e. Obiter-Dictum', Ratio-Decidendi', Stare decisis', Per incuriam' provisions etc.

So, let me discuss the meaning of those four legal terms for the determination of the above issue.

1.

Obiter-Dictum

The phrase Obiter dictum' has been derived from Latin words obiter' and dictum'. Obiter means in passing' and

Dictum denotes something that is said'. Thus, in the legal parlance the obiter-dictum' connotes a judge's expression of

opinion uttered in court or giving judgement, but not essential to the decision and therefore without binding authority.

Therefore, the obiter dictum may be termed as a casual remark of the court while deciding the actual issues, which is

considered as beyond the ambit of the operative part of the judgement. Such statement lack the force of precedent but

may nevertheless be significant.

2. Ratio Decidendi

Ratio Decidendi' is a Latin phrase meaning "the reason" or "the rationale for the decision". Ratio-Decidendi' is the

determining point which becomes the base for a judgement or a legal rulederived from and consistent with those parts

of legal reasoning within a judgement on which the ourtcome of case depends. Thus, Ratio-Decidendi is an essential

precedent requires to be followed by subordinate courts in similar type of cases.

810

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

3.Stare-decisis

Stare Decisis is a Latin term which signifies to stand by decided cases or to uphold precedents or to maintain former

adjudications. In India, the doctrine of stare decisis has been adopted through Article 141 of the Constitution, which

declares that decisions of higher court are binding on subordinate courts. The doctrine of Stare decisis; is not

applicable in the Supreme Court, thus, the Supreme Court is not bound by its own decisions, hence, it may depart

from its own previous rulings in extra ordinary or special cases or in larger public interest. Stare decisis ensures that

cases with similar scenarios and facts are approached in the same way. It binds courts to follow legal precedents set

by previous decisions.

4. Per incuriam:

Per incuriam is a Latin terms which means "through lack of care". A court decision made per incuriam is one which

ignores a contradictory statute or binding authority, and is therefore wrongly decided and of no force. A decision

rendered in ignorance of a previous binding decision of its own or of a court of higher jurisdiction or ignorance of the

terms of a statute or of a rule having the force of law locks precedent value, is one such exception and is described as

per incurium judgement and therefore has no binding force.

Gone through the judgment that has been passed by the Hon’ble Supreme Court in Indian Bank Association-

vs- Workmen of Syndicate Bank & Ors., reported in 2001(3) SCC 36 where an award passed by the Industrial

Tribunal, Hyderabad was under challenge. In the said reference case, the issue as to whether the commission agents or

deposit collectors employed in the specified banks were entitled to pay scale, allowances and other service conditions

available to regular clerical employees of those banks and further question as to what relief they were otherwise

entitled were referred by the Central Govt. to the Industrial Tribunal.

The Industrial Tribunal was pleased to pass an award holding the deposit collectors of the bank to be

workman as defined in section 2(s) of the I.D.Act, 1947 and directed the bank to absorb deposit collectors and

commission agents below the age of 45 years as clerk and cashier and those who were above 45 years of age and who

were unwilling to be absorbed were directed to be paid full back wages of Rs.750/- per month linked with a minimum

deposit of Rs.7,500/- per month, incentive remuneration @ 2% for collection above Rs.7,500/-, conveyance charge at

the rate of Rs.50/- and Rs.100/-per month respectively for deposit of less than Rs.10,000/- and more than that and

directed to pay gratuity of 15 days commission for each years of service rendered. Such award was challenged before

the Hon’ble High Court, Andhra Pradesh. Hon’ble High Court was pleased to set aside the order regarding absorption

but upheld the remaining directions passed by the Tribunal.

Being aggrieved by the judgement of the Hon’ble High Court both sides preferred two separate appeals

before the Hon’ble Supreme Court. The plea taken by the banks before the Hon’ble Supreme Court were exactly

similar to that have been raised in the present reference case i.e the deposit collectors cannot be treated to be workmen

as the engagement was purely contractual and for specific period, they work without any control or supervision of the

bank, there was no fixed time or period of working hours, there was no prescribed qualification or age for engaging

them, there was no disciplinary control of bank over them and thus there was no master and servant relationship

between them. That the deposit collector were paid commission and section 10(1)(b) of the Banking Regulation Act,

bar the banking companies from employing commission paid persons. That those collection agents were not workmen

and direction for payment of gratuity to them cannot arise. Bank has further contended the deposit collections

schemes were not remunerative.

Dismissing both the Appeals, the Hon’ble Suprmem Court has been pleased to hold “in view of Section 2(rr)

of the Industrial Disputes Act, the commission received by Deposit Collectors is nothing else but wage, which is

dependent on the productivity. This commission is paid for promoting the business of the various banks.

Undoubtedly, the Deposit Collectors are free to regulate their own hours of work, but that is because of the

nature of the work itself it would be impossible to fix working hours for such Deposit Collectors because they have to

go to various deposits. This would have to be done at the convenience of the depositors and at such times as required

by the depositors. If this is so, then no time can be fixed for such work. Definitely the banks have control over the

Deposit Collectors in as much as the Deposit Collectors have to bring the collections and deposit the same in the

banks by the very next day. They have then to fill in various forms, accounts, registers and passbooks. They also have

to do such other clerical work as the Bank may direct. They are, therefore, accountable to the Bank and under the

control of the Bank.

Section 10 of the Banking Regulation Act does not prevent employment of persons on commission basis.

The proviso to section 10 makes it clear that commission can be paid to persons who are not in regular employment.

Undoubtedly the Deposit Collectors are not regular employees of the Bank. But they, nevertheless, are workers within

the meaning of the terms as defined in the Industrial Disputes Act. There is clearly a relationship of master and

servant between the Deposit Collectors and the Bank concerned.

The modes of selection and qualifications of the Deposit Collectors not comparable with those of the regular

employees but even the work is not comparable. The work which the Deposit Collectors do is completely different

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

811

from the work which the regular employees do. There was thus no question of absorption and there was also no

question of the Deposit Collectors being paid the same pay scales, allowances and other service conditions as the

regular employees of the banks.

The banks have introduced the Deposit Collection Schemes because they want to encourage the common

man to make small and regular deposits. As a result of such Schemes, the number of depositors have become much

larger. There can be no doubt that such Schemes are continued because the banks find them remunerative. The banks

have large collection through such Schemes.

In the instant case, no question arose of directing absorption of the Deposit Collectors as regular workmen.

No such demand had been made and, therefore, there could have been no such direction. Such directions were beyond

the reference.”

Thus, this Tribunal finds the facts and circumstances of the case that was before the Hon’ble Supreme Court

in Civil Appeal No, 3355 of 1998 along with other appeals exactly same and similar with the facts and circumstances

of the present case. Further, issue under the present Reference Case and the case which was referred before the

Industrial Tribunal, Hyderabad and from which the above appeal had arisen also same. Therefore, in view of

principles of Ratio Decidendi and Stare decisis, this Tribunal is bound by the judgment that has been passed by the

Hon’ble Supreme Court in Indian Bank Association (Supra).

Thus, the claimants who are Mini Deposit Collectors of Uttarbanga Kshetriya Bank and appointed and

authorised by the bank as their collection agents for collection under Khudra Sanchay Prakalpa are hereby declared as

workmen working under the control of the bank and there exists relationship of master and servant between the bank

and those authorised collection agents and they are entitled to get the relief which they have claimed.

In the present Reference Case also the claimant has not prayed for absorption to regular post but has only

sought pecuniary benefits awarded by the Industrial Tribunal, Hyderabad to Deposit Collectors of Banks and affirmed

by the Hon’ble Supreme Court. So, whether it is a Nationalised Bank or a Regional Bank it becomes immaterial as

they discharge similar functions. Accordingly, the claimant is entitled to get the benefits as sought by them in view of

the judgment passed by the Hon’ble Supreme Court in Indian Bank Association –vs- Workmen of Syndicate Bank &

Ors., reported in (2001) 3SCC 36.

Thus, authorised collection agents for collection of Khudra Sanchay Prakalpa appointed by Uttarbanga

Kshetriya Gramin Bank are entitled to get full back wages of Rs.7,500/- per month linked with a minimum deposit of

Rs.7,500/- per month. Uniform conveyance of Rs.50/- per month for deposit of less than Rs.10,000/- and Rs.100/- for

deposit of more than Rs.10,000/- upto or above. Gratuity of 15 days’ commission for each year of service rendered

from the date of this reference i.e. from the month of March, 2007.

The Bank is directed to make payment of the current wages and conveyance allowance and as well gratuity

to those who are eligible for the same within a month from the date of publication of this award. Bank is directed to

the pay the arrears in three instalments within a year from the date of publication of this award.

The Reference case no. 5 of 2007 is allowed and award is passed accordingly.

Justice K.D. BHUTIA, Presiding Officer

नई दिल्ली, 20 फरवरी, 2024

का.आ. 376.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

इंजडयन बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa dsUnzh; ljdkj

vkS?kksfxd vf/kdj.k@Je U;k;ky; dksydrk ds iapkV (a23/2018) izdkf”kr djrh gSA

[सं. एल-12012/19/2018-आईआर-(बी-II)]

सलोनी] उप जनिेिक

New Delhi, the, 20th February, 2024

S.O. 376.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 23/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Kolkata as shown in the Annexure, in the industrial dispute between the management of Indian Bank and

their workmen.

[No. L-12012/19/2018-IR(B-II)]

SALONI, Dy. Director

812

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLKATA

Present: Justice K. D. Bhutia, Presiding Officer.

REF. NO. 23 OF 2018

Parties: Employers in relation to the management of

Indian Bank

AND

Their Workmen.

Appearance:

On behalf of the Management

: Absent

On behalf of the Workmen :Mr. Goutam Malik, Advocate.

Dated: 06th December, 2023

AWARD

Govt. of India, Ministry of Labour vide Order No. L-12012/19/2018- IR(B-II) dated 30-11-2018 in exercise

of the power conferred under section 10(1)(d) and (2A) of the Industrial Dispute Act, 1947 has referred the following

dispute to this Tribunal for adjudication.

“Whether the action of the management of Indian Bank in denying absorption of Shri Rabi Shankar Das and

Shri Prasanta Debnath in the service of the Indian Bank is legal and/or justified? If not, what relief the workmen are

entitled to?”

The facts necessary for determination of the above issue in gist are that the concerned workmen Sri Rabi

Shankar Das and Shri Prasanta Debnath (since deceased) now represented by his legal heirs were working as Canteen

Boys in the Indian Bank, Russel Street Branch since 18-06-1994 and 13-04-1993 respectively. That a dispute in

respect of absorption of 91 Canteen Boys including the present workmen was settled in compromise in the year 1998.

A compromise award was passed by the Tribunal on 13-07-1998 directing the bank to absorb those 91 Canteen Boys

against permanent vacancies.

Challenging the compromise award, the Bank filed a Writ Petition being W.P.No. 2101 of 1999 before the

Hon’ble High Court at Calcutta. The Hon’ble High Court at Calcutta was pleased to dismiss the writ petition

upholding the award of compromise dated 13-07-1998.

The bank being aggrieved by the dismissal of its writ petition by the Hon’ble Single Bench of Calcutta High

Court filed an Appeal No. APM No.480 of 2002 before the Divison Bench. The Hon’ble Division Bench modified the

compromise award dated 13-07-1998 and order of dismissal of the writ petition being No. W.P. 2101 of 1999 dated

26-02-2002 passed an order directing bank to absorb only 41 Canteen Boys named in the order of reference and not in

respect of 91 Canteen Boys. However, directed remaining 50 Canteen Boys to raise a similar dispute and to resolve

the dispute through reconciliation on the same terms and condition. The names of the present two workmen were in

the list of those excluded 50 Canteen Boys. Unfortunately, the Union refused to espouse an industrial dispute on their

behalf.

That the concerned workmen raised a dispute before the Regional Labour Commissioner on the basis of the

order passed by the Divison Bench in APM -480 of 2002, but the Regional Labour Commissioner submitted failure

report and thus Central Govt. referred the matter to this Tribunal for adjudication.

The concerned workmen by filing present dispute have alleged since they stand on the same footings with

those 41 Canteen Boys whose services have been regularised in view of compromise award dated 13-07-1998,

necessary direction may be given to the bank for their absorption against permanent posts.

Record shows despite due service of notice upon the bank it has failed to appear and contest the present

reference case. Therefore, present case has been proceeded exparte against the bank.

The workmen in order to substantiate their claim has examined Sri Rabi Shankar Das, one of the concerned

workmen as W.W. No.1. That the workmen have produced as many as 13 documents which have been marked as

Exhibit-W/1 to W/13.

Unchallenged oral testimony of W. W. No.1 shows that he joined the bank as Canteen Boy on 18-06-1994

and deceased workman Prasanta Debnath on 13-04-1993. It has been stated that they were also parties to the reference

which culminated in an award of compromise on 13-07-1998 and where the predecessor of the Tribunal directed the

bank to absorb all 91 Canteen Boys including the present workmen.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

813

However, the concerned workman in Para-5, 6 and 7 of his evidence in chief on affidavit has stated that

compromise award dated 13-07-1998 was passed in connection of Reference Case no. 47 of 1992. So, a question

arises in the mind of this Tribunal, how the present workmen including the deceased could be parties to the Reference

Case no. 47 of 1992 when W.W. No.1, one of the workmen in paragraph 3 of his evidence in chief on affidavit

admitted that he joined as Canteen Boys in the bank on 18-06-1994 and deceased workman on 13-04-1993 i.e. much

after the initiation of the reference case. So, prima facie it is seen that they joined as Canteen Boys as alleged after the

reference of the dispute in respect of 41 Canteen Boys in the year 1992. So, it is not known how the present workmen

could claim that they were parties to the Reference Case no. 47 of 1992 when they were not even in the service of the

bank in whatever capacity as a temporary or casual.

The workmen have failed to produce a single piece of document to prove indeed they were appointed as

Canteen Boys either by the bank directly or through its contractor or by the Canteen Committee. It is interesting to

note that the workmen have failed produce the list of the workmen attached with the order of reference in Reference

Case no., 47 of 1992 or any order of the Tribunal whereby their names have been added as parties to the Reference

Case no.47 of 1992 and to show that they stand on the same footings with those 41 workmen whose services have

been directed to be regularised by the Hon’ble Division Bench of Calcutta High Court in APM No.480 of 2002.

No doubt W.W. No.1 has produced a certificate dated 16-05-2020 (Exb. W/6) issued by Sr. Manager, Indian

Bank, Zonal Office where it has been certified that he is working as a casual at Indian Bank, Zonal Office, Kolkata.

Unfortunately, the author of the certificate has not been examined to prove the content of the same. It is settled law

merely marking of a document as an Exhibit will not ipso facto prove the content of the same. The contents specially

a certificate need to be proved through its author.

This Tribunal is unable to take into consideration Exb. W/11 as it appears to be issued by Treasurer of Indian

Bank Staff Canteen to W.W. No.1 and not by the authorities of the bank.

Exb. W/13, letter dated 09-05-1998 by Chief Manager to Zonal Manager shows that Sri Rabi Shankar Das

and Sri Prasanta Debnath are Canteen Boys of Zonal Office.

Nothing has come on record to prove that canteen in question is a statutory canteen run by the management

of the bank and not by any canteen committee or by a contractor. Had the canteen been a statutory canteen run by the

management of the bank then the question of absorption may arise.

Now, it is settled law that merely because of a temporary employee or a casual wage workers is continued

for a time beyond terms of his appointment, he would not be entitled to be absorbed in regular service or made

permanent, merely on the strength of such continuance, if the original appointment was not made by following the

due process of selection as envisaged by the relevant rules. A contractual appointment comes to an end at the end of

the contract. If it were an engagement or appointment on daily wages or casual basis the same would come to an end

when it is discontinued. Similarly, a temporary employee cannot claim to be made permanent on the expiry of his

terms of appointment. There is no fundamental right in those who have been employed on daily wages or temporary

or on contractual basis to claim they have right to be absorbed in service as they cannot be said to be holder of a post.

A regular appointment can be made only by making appointments consistent with the requirement of Article 14 and

16 of the Constitution.

The Hon’ble Supreme Court in the Secretary, Stage of Karnataka-vs- Uma Devi & Ors held Public

employment in a sovereign socialist secular democratic republic, has to be as set down by the Constitution and the

laws made thereunder. Our constitutional scheme envisages employment by the Government and its instrumentalities

on the basis of a procedure established in that behalf. Equality of opportunity is the hallmark and the Constitution has

provided also for affirmative action to ensure that unequals are not treated equals. Thus, any public employment has

to be in terms of the constitutional scheme. A sovereign government, considering the economic situation in the

country and the work to be got done, is not precluded from making temporary appointments or engaging workers on

daily wages. But, a regular process of recruitment or appointment has to be resorted to, when regular vacancies in

posts, at a particular point of time, are to be filled up and the filling up of those vacancies cannot be done in a

haphazard manner or based on patronage or other considerations. Regular appointment must be the rule. That

regularisation cannot be mode of recruitment.

Be that as it may the concerned workman has failed to prove that there exist a vacancy in the permanent post

of Sub-staff in Indian Bank and he possesses all the qualification to be appointed as sub-staff. That apart he may be a

casual employee of the bank but in order to get a job against the permanent vacancy he is to fulfil all the criteria and

procedure established for regular recruitment as per recruitment rules applicable.

Therefore, this Tribunal holds that on the basis of an award dated 13-07-1998 passed in Reference Case no.

47 of 1992 (Exb. W-1), Order passed in W.P. No.2101 of 1999 on 26-02-2002 and which has been modified vide

Exb. No. W-4/A in APM No.480 of 2002, the workman cannot claim that they stand on the same footings with those

41 Canteen Boys whose services have been regularised by virtue of the order of the Hon’ble Division Bench of

814

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

Calcutta High Court passed in APM No.480 of 2002 and in view of the order of the Hon’ble Supreme Court being

SLA No.17079 of 2007 dated 08-05-2009 (Exb. W/5)

Accordingly, the concerned workmen Sri Rabi Shankar Das and deceased Prasanta Debnath are not entitled

to regularisation against a permanent post in the Indian Bank. Accordingly, Reference Case No,. 23 of 2018 is

dismissed and award to that effect is passed.

Justice K.D. BHUTIA, Presiding Officer

नई दिल्ली, 20 फरवरी, 2024

का.आ. 377.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मध्य जबिार िामीि बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa

vkS?kksfxd vf/kdj.k@Je U;k;ky; iVuk ds iapkV (a02 (C) of 2015) izdkf”kr djrh gSA

[सं. एल-12011/96/2014-आईआर-(बी-I)]

सलोनी] उप जनिेिक

New Delhi, the, 20th February, 2024

S.O. 377.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 02 (C) of 2015) of the Indus.Tribunal-cum-Labour Court Patna

as shown in the Annexure, in the industrial dispute between the management of Madhya Bihar Gramin Bank

and their workmen.

[No. L-12011/96/2014-IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATNA.

Reference Case No.:-02 (C) of 2015

Between the management of Chairman, Madhya Bihar Gramin Bank, H.O- Meena Plaza, South of Museum,

Patna (Bihar )-1 and Their workmen Sri Sanjeev Singh, Sri Bijendra Kumar, Sri Ajay Kumar & Sachidanand Singh

represented through the President, Bihar Provincial Gramin Bank Employees Association, 2nd Floor, Saboo Complex,

P.O- Hotel Republic, Exhibition Road, Patna, (Bihar)-1.

For the management:-

Sri Santosh Sharan Thakur, Asst. Manager.

For the workman:-

Sri B. Prasad, President, Bihar Provincial Gramin Bank Employees Association.

Present:-

Manoj Shankar

Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dt- 28th November, 2023.

By the adjudication order no.- L-12011/96/2014-IR(B-I) New Delhi, dated- 16.12.2014 the Govt. of India

Ministry of Labour New Delhi has referred under clause (d) of sub-section (1) and sub-section (2A) of section 10 of the

Industrial Dispute Act, 1947, ( hereinafter to be referred to as “ the Act”) the following dispute between the

management of Chairman, Madhya Bihar Gramin Bank, H.O- Meena Plaza, South of Museum, Patna (Bihar )-1 and

Their workmen Sri Sanjeev Singh, Sri Bijendra Kumar, Sri Ajay Kumar & Sachidanand Singh represented through the

President, Bihar Provincial Gramin Bank Employees Association, 2nd Floor, Saboo Complex, P.O- Hotel Republic,

Exhibition Road, Patna, (Bihar)-1 for adjudication to this tribunal.

SCHEDULE

“Whether the action of the management of Madhya Bihar Gramin Bank, to terminate the service of workmen

Sri Sanjeev Singh, Sri Bijendra Kumar, Sri Ajay Kumar & Sachidanand Singh was correct and valid when they

demanded for regularization of their service? If not, what relief the workmen are entitled to?”

2.

According to the claim of workmen Sri Sanjeev Singh, Sri Bijendra Kumar, Sri Ajay Kumar & Sachidanand

Singh they had worked with the then Bhojpur Rohtas Gramin Bank and Patlipurtra Gramin Bank as Part Time Sweepers

on consolidated wages, the details of their working is given as under:-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

815

Sr. No.

Name with address

Branch where worked

Period of working

1.

Sri Sanjeev Singh

Brahampur

01.08.1985 to 31.12.2011

S/O-Late Janardan Singh

Vill.- Jagir, P.O- Lohachi

Dist.- Munger.

2.

Sri Bijendra Kumar

Paliganj

01.07.2006 to 31.12.2011

S/O-Chandeshwar Singh

Vill. & P.O- Kurkuri

P.S- Paliganj, Dist.- Patna.

3.

Sri Ajay Kumar, S/O- Laxman

Gorhana

01.07.2004 to 31.12.2011

Prasad, Babu Bazar-Arrah,

P.O- Arrah, Dist.- Bhojpur

(Bihar ).

4.

Sri Sachidanand Singh

Piro

19.05.2004 to 31.12.2011

S/O- Late Satya Narain Singh

At.- Yoga Kharaicha, Dist.-

Purhara, Dist.- Bhojpur (Bihar).

It is further averred from the workmen side that workmen Sri Sanjeev Kumar had been orally appointed of

the Brahampur Branch of the bank w.e.f 01.08.2005 to discharge the duties of a part time sweeper. Initially he was

paid Rs. 500/- monthly wages and lastly he was paid of Rs. 1600/- P.M as wages. Workman Sanjeev Singh used to

discharge his duties from 10.00 A.M to 5.00 P.M and some times even beyond the period as per instruction of the

Branch Manager. The claim of the workman Bijendra Kumar is that he had been orally appointed to discharge the

duties of part time sweeper at Paliganj branch from 01.07.2006. Initially he was paid wages @ Rs. 750/- P.M and

lastly he was paid wages @ Rs. 1600/- P.M. He also discharged his duties from 10.00 A.M to 5.00 P.M. The claim of

the workman Sri Ajay Kumar is he had been orally appointed to discharge the duties of a part time sweeper at

Gorhana Branch w.e.f 01.07.2004 and he also received wages @ Rs. 500/- P.M initially and lastly he was paid wages

@ Rs. 1600/- P.M. He also discharged his duties from 10.00 A.M to 5.00 P.M. The claim of the workman

Sri Sachidanand Singh is that he had been orally appointed to discharge duties of a part time sweeper at Piro Branch

w.e.f 19.05.2004 and he was initially paid wages @ Rs. 500/- P.M and lastly he was paid wages @ Rs. 1600/- P.M.

The workman also used to discharged his duties from 10.00 A.M to 5.00 P.M. it is further averred that all the above

workmen used to sweep and clean their respective branch premises regularly and also their services were utilized for

deposit mobilization, recovery purposes etc. The above workmen used to discharged their duties as per instruction of

the branch manager’s. It is further averred that as per the provisions of R.R Bs Act 1976, Punjab National Bank

opened four Regional Rural Banks (a) Bhojpur Rohtas Gramin Bank, (b) Magadh Gramin Bank, (c) Nalanda Gramin

Bank and (d) Patliputra Gramin Bank which were amalgamated in the name of Madhya Bihar Gramin Bank with

Head Office at Meena Plaza, South of Museum, Patna-800001. The bank is incorporated under R.R.B Act Act,1976

and its sponsoring bank is Punjab National Bank. It is further averred that the wages of the workmen had been

determined and revised by the Bank’s Board of Directors from time to time. The wages of above workmen were paid

to the debit of Manager’s Power account and separate signatures were used to be taken from the workmen. It is

further averred that the wages of workmen of R.R.Bs are revised on the basis of industry level settlement of banking

industry. It is further stated that trade unions had demanded fixation of salary of part time sweeper on 1/3rd pay scale

at least which was considered and a settlement to this effect was signed at industry level between the representatives

of Indian Bank’s Association and the workmen unions on 27.04.2010. Accordingly 9th Bipartite Settlement the wages

of part time sweeper working on consolidated wages was revised to 1/3rd pay scale of full time subordinate staff w.e.f

01.05.2010. It is further stated that the out come of the 9th Bipartite Settlement regarding revised of the wages of the

part time sweeper was not considered by the management bank rather issued the circular dt- 09.12.2011 directing the

branches to terminate the services of the part time sweepers in a most arbitrary manner. Accordingly the managers of

Brahampur, Paliganj, Gorhana and Piro branches terminated the services of the above workmen w.e.f 31.12.2011 and

they were stopped working thereafter. However, all the above workmen were continuously working in the respective

branches from the date of joining till date of termination. Accordingly the action of the management in not

regularizing the services of the above workmen as per Industry Level Settlement dated- 27.04.2010 is neither legal

nor justified. It is further averred that all the above workmen are poor and had become overaged while with the

working of management bank.The termination of the workmen is covered under section 2 (OO) of the Industrial

Dispute Act,1947. It is further stated that seeing no scope of redressal of grievances, all the above workmen raised an

Industrial Dispute through sponsoring union as per the provisions of Industrial Dispute Act, 1947. Conciliation officer

tried his level best to settle the dispute, but due to the non-compromising attitude of the management, the conciliation

proceedings ended in failure. After receiving the failure of conciliation report, the appropriate government referred the

grievances of the workmen to this tribunal for adjudication. It is further stated that the action of the management in

terminating the services of the workmen is neither correct nor valid on the following grounds:-

816

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

(i) The management violated the mandatory provisions of section-25F.

(ii)

The management did not follow the provisions of 9th Bi-partiteSettlement.

(iii) The management resorted to unfair labour practice as per section-25 (T) of the I.D.Act.

(iv) The management failed to follow the principle of ‘equal pay for equal work’ as per Article 39 (d) of the Indian

Constitution.

The workmen seek following reliefs:-

(a)

Reinstatement as a part time sweeper on 1/3rd wages of a full time Subordinate Staff with full back wages.

(b)

Regularization of services as a part time sweeper on 1/3rd wages as per the provisions of 9th Bipartite

Settlement.

(c)

Payment of a sum of Rs. 10000/- for contesting the dispute.

(d)

Any other relief (S) as deems fit and proper by this tribunal.

3.

On the other hand the management bank filed written statement mentioning therein the dispute raised by the

above workmen against the management of Madhya Bihar Gramin Bank is bad in law and erroneous on facts and thus

is not maintainable. It is further stated that the workmen are not entitled for any reliefs as claimed as no cause of

action has arisen. It is further stated that as per claim of the workman Sanjeev Singh in the branch of Brahampur he

has worked from 01.08.1985 to 31.12.2011 and subsequently he claimed he has worked at Brahampur branch from

01.08.1985 to 31.12.2011. However, the facts is branch of Brahampur was opened on 25.03.2014 hence the claim of

the workman Sanjeev Singh is not correct and like wise Sri Ajay Kumar the workman as claimed for his working in

Gorahana Branch from 01.07.2004 to 31.12.2011 while the said branch is opened on 26.03.2016. Accordingly his

claim is far away from the truth. It is further stated that bank is a public sector undertaking and is governed by the

rules & regulations framed by the Govt. of India. Any appointment can be made by it in terms of guideline / rules laid

down by the Govt. of India. There is no scope of oral appointment in the bank which is evident from regulation of

Madhya Bihar Gramin Bank ( Officers & Employees ) Service regulation, 2010. It is further stated that the workmen

have been not claimed issuance of any appointment letter in their favour and thus their cases do not come within the

purview of section 2(OO) of the I.D. Act rather it come within section 2 (OO (bb) for which no industrial dispute is

permissible as the so called workmen are not retrenched workmen. It is further stated that the work of cleaning and

sweeping in branches was need base and it was to be taken by any available labour. It is further stated that there are

no record of engagement / oral appointment of the above workmen in the concerned branches. So the claim of

workmen discharging their duties as a part time sweeper is not correct. It is further stated that messenger(s) were

posted in the concerned branches and they were allotted duties of cleaning of premises, stitching and sealing of

vouchers, maintenance of records etc. It is further stated that the wages revision is available only for the permanent

and regular employees in terms of existing rules and regulations and guideline Govt. of India. Board of directors

reviewed and revised the charges for cleaning the charges for cleaning charges for the bank premises. The claim of

the workmen there separate signatures were being taken in the respective branches is totally incorrect. As branches

used to maintain the record of payment on a separate registers. It is further stated that workman unions / associations

of the Regional Rural Banks do not represent industry level settlement or wage revision settlement before the Indian

Bank’s Associations. It is further asserted that the above workmen were never appointed , hence the claim for

termination does not arise. Since the workmen were never appointed by the bank hence question of their termination

does not arise. It is further asserted that dispute raised by the applicant /workman was not justified as they were not

workmen of the bank hence the matter of conciliation does not arise. The management bank never commit any unfair

labour practice so the allegations of workmen is totally false and baseless. It is further stated that similar matter of

dispute raised before the Assistant Labour Commissioner vide Ref. No.- 1/66/12/ALC-1 by Vinod Paswan, Amar

Kumar & Others and preferred writ application before the Hon’ble Patna High Court vide CWJC No.- 23216 of 2012

for similar issues and the Hon’ble Patna High Court was pleased to dismiss the writ application by order dt-

04.01.2013. Photo copy of order is annexed. It is further stated that the so called workmen have been never worked as

part time sweeper in the bank and as such the relief sought for reinstatement of their services in the bank, has no

relevance and therefore its fit to be dismissed. It is further stated that so called workmen are not employee of the bank

as they have never been appointed by the bank as part time sweeper so there was no relationship of employer and

employee between them. Accordingly the workmen are not entitled for any relief as claimed.

4.

Having considered the statement of claim filed by the workmen and written statement filed by the

management sides the following issues are recasted for the adjudication

(i) “Whether the complainants Sri Sanjeev Kumar Singh, Sri Bijendra Kumar, Sri Ajay Kumar and Sri

Sachidanand Singh have ever worked in theirrespective branches of Brahampur, Paliganj, Gorhana and

Piro as per their claim?”.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

817

(ii) “Whether action of the management of Madhya Bihar Gramin Bank to terminate the services of

workmen Sri Sanjeev Singh, Sri BijendraKumar, Sri Ajay Kumar & Sachidanand Singh is legal and

valid?”.

5.

In order to establish their claim, the workmen side examined altogether two witnesses namely Bijendra

Singh (W.W-1) and Sachidanand Singh (W.W-2). Besides, oral evidence of workmen side have filed some document

of the complainants i.e marked as Exts.:-

(i) Ext.- W- Credit vouchers from 31.01.2014 to 31.12.2011 ( Total number of pages- 22) in the Paliganj branch.

(ii) Ext.-W/1- Credit vouchers from 30.01.2010 to 31.12.2011 ( Total number of pages-21) in the Paliganj branch.

6.

On the other hand management also examined three witnesses from its side who are namely Abhinay Kumar

Singh (M.W-1), Mazhar Hussain Ansari (M.W-2) and Bhuwaneshwar Prasad Mishra (M.W-3). Besides, oral evidence

the management sides also filed some documents i.e marked as Exts.:-

(i) Ext.- A- Circular No.- 7/2001 dt- 13.03.2001 ( personal& Training Deptt.) of erstwhile Bhojpur Rohtas Gramin

Bank, H.O regarding cleaning of bank premises and office.

(ii) Ext.-B- Circular No.- 10/2005 dt- 21.07.2005 (HRDD) of erstwhile Bhojpur Rohatas Gramin Bank, H.O.

regarding cleaning of bank premises and office in the light of circular no.- 7/2001.

(iii) Ext.-C-Circular No.- 23/2008 dt- 27.09.2008 of Madhya Bihar Gramin Bank, H.O regarding cleaning of bank

premisesand office power invest to the scale I / II of inchargeofficer of the branches and fixed the wages.

(iv) Ext.-D-Circular No.- 01/2011 dated- 06.01.2011 (HRDD) of Madhya Bihar Gramin Bank, H.O. regarding

cleaning of bank premises in the light circular no.- 23 / 08 dt- 27.09.2008.

(v) Ext.-E-Circular No.- 04 / 2011 dt- 22.02.2011 in the light of circular no.- 23 /2008 dt-27.09.2008.

(vi) Ext.-F-Letter No.- 6630 to 6637 dt- 09.12.2011 direction given to the Arrah, Aurangabad, Bhabhua, Biharsharif,

Gaya, Nawada, Patna, Sasaram branches for cleaning of bank premises in the light of circular no.- 23 / 2008 dt-

27.09.2008 and circular no.- 04 / 2011 dt- 22.02.2011.

(vii) Ext.-G-Licence N0. BL (PAT) / MB-137 /2014-15 dt- 12.11.2014 & G/1. and Licence No. BL. (PAT)-66 / 2012-

13 dt- 13.06.2013 ( In exercise of the powers conferred on the Resrve Bank of India under section-23 read with

section 51of the Bank Regulation Act, 1949, the Madhya Bihar Gramin Bank is authorised to open a branch at

Barahampur, Dist- Patna and Gorhana, Dist.- Bhojpur, Bihar State).

7.

First of all this tribunal takes the issue no.-1 this tribunal finds that four complainants raised this dispute

showing they have worked in different branches of Madhya Bihar Gramin Bank but out of four complainants only

two complainants turned-up and they adduced evidence. First of all this tribunal securitizes the evidence of W.W-1

Bijendra Kumar who stated before this tribunal that he has worked at the Paliganj branch of Madhya Bihar Gramin

Bank from 01.07.2006 to 31.12.2011 and he was doing the job of part time sweeper as he used to open the bank

premises, cleaning the bank premises. He also served water & tea to the staffs and some time he also distributed the

deposit and withdrawal form to the customers as per instruction of the branch manager. He further stated that some

times he accompanied the branch manager when the branch manager went in field for loan recovery purposes. This

witness further stated that initially he received Rs. 500/- P.M as wages that gradually enhanced of Rs. 1600/- P.M.

This witness further stated that he has submitted the vouchers in 22 pages that shows that the amount used to

withdrawn by the manager and later on it was given to him and all the vouchers as enclosed in 22 pages as marked as

Ext.-W. This witness further stated that no notice and notice pay has been given to him by the bank before terminating

his service.

In para-8 of the cross-examination this witness categorically admitted that he did not file any documents

regarding his working in the said branch from 01.07.2006 to 31.12.2011 and he further stated in para-9 of the cross-

examination he has also not given any proof of continuous working of 240 days in the said branch before 31.12.2011

because this type of document is not provided by the branch manager. In para-12 of the cross-examination this

witness admits that the payment vouchers he has proved as Ext.-W series over which there is no signature and further

he denied that his claim is not correct.

8.

W.W-2 Sachidanand Singh who claim to work as a part time sweeper in the Piro branch of Madhya Bihar

Gramin Bank from 19.05.2004 to 31.12.2011 and he further stated that there was no other part time sweeper was

posted in the said branch during his serving tenure. This witness further stated that he used to discharged his duties

from 9.00A.M to closure of the bank and he used to discharge the duties of cleaning bank and of different work as per

the instruction of manager sahab. He has further stated that he initially got Rs. 500/- P.M waes that was enhanced

gradually to Rs. 1600/- P.M. This witness further stated that manager sahab used to withdraw money by vouchers and

the same was paid to him. This witness proved the payment vouchers bearing signature of then branch manager M.H.

Ansari i.e 21 pages marked as Ext.-W/1. This witness further state that when ever he received payment for his service,

818

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

manager sahab used to obtain his signature in a separate copy. He also admitted that he has been orally appointed and

when his services was taken away by the bank. He did not get notice or notice pay and he has further stated that after

terminating his service some private agency started sweeping work in the bank. In cross-examination this witness

categorically admitted that he was orally appointed in the said branch no document was given to him and in para-11

of the cross-examination this witness admits that the vouchers he produced before this tribunal bears his no signature

and he further denied that this is not fact that he has not worked 240 days in the bank.

9.

Now this tribunal securitizes the evidence of management side M.W-1 Abhinay Kumar Sinha who is the

manager of Madhya Bihar Gramin Bank of its head office. He stated before this tribunal that he is posted in the head

office of Madhya Bihar Gramin Bank from 28th May 2014. This witness further stated that there is no provision of

oral appointment in the Madhya Bihar Gramin Bank and no Branch Manager is authorised to appoint any person. This

witness further stated that some circular issued by the head office of the Madhya Bihar Gramin Bank regarding

cleaning of the premises of the branches. This witness stated that the Branch Manager used to make payment to the

cleaning staff after withdrawing the money from non specified expenditure head.

In cross-examination this witness categorically stated in para-7 is that he has never posted in Patliputra Gramin

Bank and he never visited the branches of the complainant. In para-8 of the cross-examination this witness

categorically stated that he does not know the complainants of this case and he never saw Bijendra Kumar doing any

service in Paliganj branch. In para-11 of the cross-examination this witness admits that he does not know whether the

complainant comes under the provision of workman accordingly to the Industrial Disputes Act.

10.

M.W-2 Mazhar Hussain Ansari who deposed before this tribunal on 21.04.2016 and he claimed he is the Branch

Manager of Kayamnagar branch of Madhya Bihar Gramin Bank. This witness stated that he was posted in Piro branch

from 16.07.2009 to 12.04.2010 as a branch manager. This witness also stated that there is no provision of oral

appointment in the bank and no bank manager is authorised to appoint any one. This witness further stated that there

was circular of head office any branch manager can engage any person for cleaning purposes of the branches. This

witness also stated when ever he took the service of any workmen for cleaning purposes, he used to make payment

from his pocket and the same amount he used to withdraw from the bank vouchers. This witness further stated that he

does not know the Sachidanand Singh and he never took his service for cleaning service.

In cross-examination this witness categorically stated that he payment of part time sweeper was given according

to circular of the bank and the bank has enhanced payment from Rs. 750/-P.M to Rs. 1600/- P.M in para of the cross-

examination this witness admits that there is no instruction given in the circular that Branch Manager will give the

payment to the cleaning staff from his pocket and later on he will withdraw the amount from the bank.

11.

M.W-3 Bhuwaneshwar Prasad Mishra he was examined on 19.05.2016 at that time he was branch manager of

Dulhin Bazar branch of Madhya Bihar Gramin Bank. He stated before this tribunal that he was posted at Paliganj

branch from 2007 to May 2010. The cleaning staff was called for the cleaning of the premises. This witness further

stated that bank never took the service of one person for cleaning purposes and he never took the service of Bijendra

Kumar. This witness further stated as per the circular the payment of cleaning staff, the amount was withdrawn by

the bank and the same is paid to the cleaning staff once in a month. This witness further stated that no payment was

made through vouchers. This witness further stated that one Narendra Kumar was posted as messenger in Paliganj

branch during his tenure.

In cross-examination this witness admits in para-9 that Bijendra Kumar the complainant has claimed he was

worked in the bank from 2006 to 2011 and he has claimed to regularise his service. In para-11 of the cross-

examination he does not know some other person has claimed to work in Paliganj from 2006 to 2011. In para-12 of

the cross-examination he admits that he used to make payment to the cleaning staff according to the circular of the

bank and he used to pay once in the month. Initially it was Rs. 750/- P.M wages for cleaning staff that was enhanced

of Rs. 1600/- P.M through circular. In para-14 of the cross-examination this witness categorically stated that the union

of the bank has put the demand before the management the services of cleaning staff should be permanent at the

salary of 1/3 of permanent sub-staff but bank has terminated the working of the cleaning staff from 31.12.2011. In

para-15 of the cross-examination this witness admits that the case of Bijendra Kumar is according to the demand of

the union i.e in the 9th Bi-Partite Settlement.

12.

On scrutinizing the evidence of the both the sides this tribunal finds that the complainant Bijendra Kumar

clearly stated he was worked in Paliganj branch from 01.07.2006 to 31.12.2011 as a part time sweeper and he also

admits that he was orally appointed and his service his taken by the then Branch Manger and he was paid by the

Branch Manger after obtaining the payment amount through vouchers and respective Branch Manger never took his

signature on the vouchers. In this connection this management has filed vouchers from 30.01.2010 to 31.12.2011

which is marked Exts-W series of 22 pages that shows that Rs. 750/- P.M was withdrawn by the bank manager of

Paliganj branch bearing signature and seal from 30.01.2010 to 28.02.2011 each months and further vouchers from

31.03.2011 to 31.12.2011 show Rs. 1600/- P.M was withdrawn by the Branch Manger for the cleaning of the

purposes for the cleaning staff. This vouchers corroborated the claim of the complainant, Bijendra Kumar has worked

at Paliganj branch and he received the amount accordingly as per the circular of the bank i.e also admitted by M.W-3

Bhuwaneshwar Prasad Mishra who was also marked as a Branch Manager, in Paliganj Branch from 2007 to 2010.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

819

Moreover, M.W-3 also admits that the case of the Bijendra Kumar as per the demand of union i.e enshrined in 9th Bi-

partite Settlement and this witness also admits that the bank has terminated the services of cleaning staff from

31.12.2011. Thus this tribunal finds and hold that there is no evidence produced by the bank side that could show

Bijendra Kumar has not worked in the Paliganj Branch from 01.07.2006 to 31.12.2011.

13.

So far as case of complainant Sachidanand Singh W.W-2 is concerned he claimed he has given his service to

the Piro branch as a part time sweeper from 19.05.2004 to 31.12.2011 and also claimed there was no other part time

sweeper posted in the said branch. He also admits that he used to get monthly wages payment from manager as the

then manager used to withdraw money through vouchers and the same is paid to him. He also filed some payment

vouchers of Piro Branch of Madhya Bihar Gramin Bank i.e marked as Ext.-W/1 series that also show that the Branch

Manager used to withdrawn the money through credit voucher of Rs. 750/- P.M was withdrawn from 30.01.2010 to

28.02.2011 and further the then manager of Piro Branch has withdraw Rs. 1600/- from 29.04.2011 to 28.12.2011 for

the cleaning staff that is also admitted by the management witness.

14.

This tribunal further finds that W.W-2 as clearly stated no notice or notice pay was given prior to the

termination. Virtually the evidence of this witness has not been controverted by the management side. M.W-2 who

has served from Piro Branch from 16.07.2009 to 12.04.2010 also could not controverted the version of complainant

Sachidanand Singh W.W-2 regarding his working at Piro Branch rather M.W-2 admitted this facts the payment of

part time sweeper was given according to the bank circular i.e also admitted by the workman and documents filed by

the management sides on the request of the workman also suffice this facts the manager used to withdrawn wages

payment for the cleaning staff and the same be given to the cleaning staff without obtaining his signatur,e this version

of the management witness itself shows that Sachidanand Singh workman (W.W-2) also discharged the duties of part

time sweeper at Piro Branch as per his claim. This tribunal further finds that the documents filed by the management

regarding the payment of wages for cleaning staff as per prayer of the workman sides also corroborated the workman

Sachidanand Singh has discharged his duties at Piro branch because no other complainant has ever filed such type of

dispute moreover, management side also did not produce any cogent evidence the payment of wages for clerical staff

is given to other daily wager other than Sachidanand Singh.

15.

So far as the complainant Sanjeev Singh and Ajay Kumar is concerned, this tribunals find that both the

complainant/ workman did not turn-up before this tribunal to prove his case moreover, the management side

categorically opposed their claim disclosed this facts the branch of Brahampur and branch of Gorhana are opened on

25.03.2014 and 26.03.2013 respectively. However, the claim of these two workman is otherwise so their case is not at

all considered on this score only. This tribunal further finds that both the workman namely Bijendra Kumar and

Sachidanand Singh has successfully established this fact they have worked in Paliganj and Piro branch respectfully as

per their claim accordingly the issue no.-1 is decided in their favour.

16.

So far as issue no.-2 is concerned i.e the main dispute whether termination of the workmen by the management

from 31.12.2011 is legal and justified, this tribunal finds that complainant Bijendra Kumar has worked at Paliganj

upto 31.12.2011 and he has discharged his duties of part time sweeper and other works as per oral instruction of the

Branch Manager and further complainant Sachidanand Singh also discharged his duties of part time sweeper at Piro

branch from 19,05,2004 to 31.12.2011 when the services of the both the complainant / workman got to be terminated

by the management without assigning any reason and without giving any notice and notice pay. However, it is clearly

established that both the workman Sri Bijendra Kumar and Sachidanand Singh getting wages payment of part time

sweeper as per circular of the bank initially it was paid Rs. 750/- and when their service were taken up both were

getting Rs. 1600/- P.M i.e well established by the vouchers produced by the management side marked Ext.-W & W/1

respectively. The oral evidence and documentary evidence clearly shows that both the workman were served in their

respective branches for more than 240 days in one calendar year preceding the termination of service i.e 31.12.2011.

The circulars filed by the management side shows that the circular no.- 10/2005 dt- 21.07.2005 ( Exts.- B ) show that

the branches manager is authorised to disbursed Rs. 500/- P.M for cleaning purposes from July-2005. Circular

No.- 23/2008 dt- 27.09.2008 i.e (Exts.-C) authorised the branch manager of Madhya Bihar Gramin Bank to paid

Rs. 750/- P.M for cleaning staff. Circular No.- 01/11 dt- 06.01.2011 i.e ( Extx.- D ) also shows that managers their

authorised to make of Rs. 750/- P.M for the cleaning purposes and Circular No.- 04/2011 dt- 22.02.2011 i.e (Exts.- E)

enhanced the payment of wages for cleaning purposes Rs. 750/- P.M to Rs. 1600/- P.M. This tribunal finds that both

the workman have received payment of wages for their services of part time sweeper in their respective branches

according to the circular guidelines by their respective Branch Manager and this is admitted by the workman as well

as management witnesses. This tribunal further finds that both the workman have discharged their duties of part time

sweeper at respective branches Paliganj and Piro. Continuously more than 240 days and when their services is not

taken up by the bank from 31.12.2011 this is the clear cut violation of the section-25F of the Industrial Dispute

Act,1947 i.e Condition precedent to retrenchment of workmen:- No workman employed in any industry who

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

employer until,-

(a) The workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period

of notice has expired, or the workman has been paid in lieu of suchnotice, wages for the period of the notice;

820

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

1[***]

(b)the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days

average pay 2[ for every completed year of continuous service] or any part there of in excess of six month; and

(c)Notice in the prescribed manner is served on the appropriate Government 1[ for such authority as many be

specified by the appropriate Government by notification in the Official Gazette].

This tribunal finds and hold that both the workman has successfully establish they have been terminated

from their services without any notice and notice pay. On scrutinizing the available evidence by both the sides this

tribunal finds that there were need of cleaning staff at Paliganj and Piro branches that’s why management bank is

taken the service, of Bijendra Kumar at Paliganj branch and service of Sachidanand Singh at Piro branch from so

many years till 31.12.2011 and all of sudden they have told by the bank not to continues at the their respective

branches also amounts unfair labour practice adopted by the management bank.

17

On the ultimate analysis of the facts and circumstances of the case and the materials available on the record

as discussed above and the points as raised by the representative of the workmen as well as management this tribunal

finds and hold that both the complainant / workman Sri BijendraKumar and Sachidanand Singh who is discharged

their services as part time sweeper at Paliganj ( period - 01.07.2006 to 31.12.2011 )and Piro branches ( period –

19.05.2004 to 31.12.2011 ) respectively. It is also well established by the both the workmn that they were orally

appointed in their respective branches and they were getting payment of wages on monthly basis as per bank

circulars. Accordingly both the complainant /workman have successfully proved their claim by the oral and

documentary evidence and management is completely failed to challenge the validity of the claim of the workman

Bijendra Kumar and Sachidanand Singh. Accordingly this is the considered opinion of this tribunal both the workman

Bijendra Kumar and Sachidanand Singh have succeeded to prove their cases as Bijendra Kumar has given his service

to the Paliganj branch as part time sweeper from 01.07.2006 to 31.12.2011 and complainant / workman Sachidanand

Singh has given his service to the Piro branch as part time sweeper from 19.05.2004 to 31.12.2011 and both have

served the respective branches more than 240 days preceding the termination on 31.12.2011. Accordingly this tribunal

holds that action of the management of Madhya Bihar Gramin Bank in terminating the services of workman Bijendra

Kumar and Sachidanand Singh is neither legal nor justified. Accordingly the management bank is directed to reinstate

the workman Sri Bijendra Kumar and Sachidanand Singh to their services from the date of termination i.e. 31.12.2011

as a part time sweeper and make payment as per prevailing salary I,e 1/3 of full time sub-ordinate staff as per terms of

9th Bi-partite Settlement. Since complainant / workman Ajay Singh and Sanjeev Singh did not turn-up before this

tribunal to establish their claim as per terms of reference. It is clearly indicative to this fact that they have no

grievance from the management bank, accordingly “No Dispute Award” is passed for the two complainant / workman

namely Ajay Kumar and Sanjeev Kumar Singh. The management is further directed to implement the award within

60 days from the date of its publication of award.This award is effected after date of publication in gazette.

This is my award accordingly.

Dictated &Corrected by me.

MANOJ SHANKAR, Presiding Officer

नई दिल्ली, 20 फरवरी, 2024

का.आ. 378.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

यूको बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa vkS?kksfxd

vf/kdj.k@Je U;k;ky; iVuk ds iapkV (a12 (C) of 2015) 09 (C) of 2004) izdkf”kr djrh gSA

[सं. एल-12011/242/2003-आईआर-(बी-II)]

सलोनी] उप जनिेिक

New Delhi, the, 20th February, 2024

S.O. 378.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 12 (C ) of 2015) 09 ( C ) of 2004 ) of the Indus.Tribunal-cum-

Labour Court Patna as shown in the Annexure, in the industrial dispute between the management of UCO

Bank and their workmen.

[No. L-12011/242/2003-IR(B-II)]

SALONI, Dy. Director

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

821

ANNEXURE

BEFORE THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATNA.

Reference Case No.:-12 (C) of 2015

09 (C) of 2004

Between the management of UCO Bank, Regional Office, Bhagalpur Sabour Road, Bhagalpur and their

workman Sri Vishnu Kant Jha represented by UCO Bank Employees Association, Exhibition Road, Patna.

For the management:-

Sri Praveen Kumar, Advocate.

For the workman:-

Sri Birendra Kumar Jha, Advocate.

Present:-

Manoj Shankar

Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dt- 22nd December, 2023.

By the adjudication order no.- L-12011/242/2003-IR(B-II) New Delhi, dated- 28.06.2004 the Govt. of India

Ministry of Labour New Delhi has referred under clause (d) of sub-section (1) and sub-section (2K) of section 10 of the

Industrial Dispute Act, 1947, ( hereinafter to be referred to as “ the Act”) the following dispute between the

management of UCO Bank, Regional Office, Bhagalpur Sabour Road, Bhagalpur and their workman Sri Vishnu Kant

Jha for adjudication to this tribunal.

SCHEDULE

“Whether the Claim of UCO Bank Employees Association that Shri Vishnu Kant Jha was engaged to perform

the duties of Sub-staff during 1996-1998 with the management of UCO Bank is correct? If so, whether the

management’s action to terminate him from service is justified? If not, justified, what relief is the disputant

concerned entitled to?”

2.

As per written statement of the workman side, the worker case in short is that Sri Vishnua Kant Jha, the

workman, was orally appointed to discharge the duties of a peon at currency chest of UCO Bank, Tilka Manjhi, Bhagalpur

w.e.f. 01.10.1996. The workman further asserted that he discharged his duties from 10.00 A.M to 6.00 P.M, Wages were

paid to him through vouchers of different narrations. The workman further claims that he worked there till 25.05.1998

uninterruptedly at currency chest as no other peon was posted there but he was stopped to work on 26.05.1998. He further

claims that he worked for over 240 days in a calendar year preceding to termination so his termination is covered u/s- 2

(OO) of the Industrial Dispute Act,1947 Further no notice / notice pay and retrenchment compensation was given to him.

Accordingly his termination is illegal and unjustified for violation of section 25(F) of the I.D.Act. Moreover, bank also

played unfair labour practice. The workman further prayed for reinstatement with back wages and regularisation of his

service as a peon under bank sub-ordinate cadre. He also sought relief for the payment of due wages for the period of his

working.

3.

On the other hand the management also filed his written statement and denied the claim of the workman. It is

further averred in the written statement that for efficient working in the Bank in the case of electricity failure, a Generator

set was installed on rental basis under agreement with a private party. The duty was on the owner to maintain, operate and

supply electricity from 10.00A.M to 6.00 P.M. It is further asserted that the worker was engaged by owner of the

generator set and was paid salary by him. While he sat idle during the bank hours, the bank at his request used to take

Misc. work from him on payment by way of Collie charges, labour charges and electric fitting charges out of contingency/

miscellaneous head. The fact is, the worker was never appointed by the bank in any capacity. He was instead an employee

of Generator owner. It is further asserted that there was no relationship of Employer and Employee between bank and so

called worker. The miscellaneous work also was not taken for 240 days in the calendar year. Thus workers claim is

misconceived and there was no termination under law and no unfair labour practice is done by the bank management.

Accordingly, worker is not entitled for any relief.

4.

It is worth mentioning here that initially after taking into consideration the worker’s claim and written statement

filed by the management and further after analysing the evidence as adduced by the rival parties, the worker and the

management, this tribunal has passed award on 3rd June, 2005 in Reference Case No.- 09(C) of 2004with a findings the

worker is not entitled to any relief. Subsequently, the workman Vishnu Kant Jha filed writ application i.e CWJC No.-

14736 of 2005 in the Hon’ble Patna High Court and the Hon’ble Court upheld the tribunal order of award vide order dt-

10.07.2012. Thereafter workman Vishnu Kant Jha filed LPA and his LPA was allowed. vide CWJC No.- 14736 of 2005,

Double bench of the Hon’ble Court remanded back the case to this tribunal with direction to management to examine two

Generator owner M/S Amarnath Choudhary and Irshad Alam and further set aside the impugned award and also set aside

822

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

the order of the learned Single Judge of Hon’ble Court. The Hon’ble Court also held in its order dt- 24.07.2015 setting

aside of the award will not entitle the workman to claim reinstatement until a fresh award is passed reinstating him.

5.

Both parties adduced evidence and contested the reference. The management side examined altogether three

witnesses namely Sri Bhola Pd. Sah, Assistant Manager from 1993 to 1997 (M.W-1 ), Sri Anjani Kumar Tiwary, the then

Currency Chest Officer (M.W-2) and Sri Gyananand Sharma, the Currency Chest Officer since 14.04.2001 (M.W-3).

Besides management some documents got to be proved by the management side namely Ext.-M ( Statement of some

Bank Employees recorded by L.E.O (C), Bhagalpur with enquiry report ) and Ext.-M/1 ( Details of payment ( Ext.-M/1

& Ext.-W/3 series are the same documents). On the other hand initially union has examined together two witnesses in

support of the claim who are namely Sri Anil Kumar, computer operator of UCO Bank, Tilkamanjhi from June-1990 as

(W.W-1) and Vishnu Kant Jha is the workman himself (W.W-1). Some documents was also Extd. From the workman

sides i.e Ext.-W ( ( Union letter dt- 09.04.2003 )to ALC (Central), Patna thereby raising dispute ), Ext.-W/1- ( Details of

payment made to worker ), Ext.-W/2 ( Letter dt- 25.05.1998 of Tilka Manjhi Branch to Regional Manager, Bhagalpur )

and Ext.-W/3 to W/3-14 ( Payment vouchers in worker’s favour). Letter on by order of Hon’ble Court passed in CWJC

No.- 14736 of 2005 dt- 24.07.2015 Dasti Summon was issued to the workmanside to produce witness namely Mr.

Amarnath Choudhary and Irshad Alam the generator operator at UCO Bank of Tilka Manjhi branch but only Mr.

Amarnath Choudhary turned-up. Who deposed before this tribunal as a W.W-3.

6.

Workers case in his written statement is that he was orally appointed to discharge the duties of peon at currency

chest of UCO Bank, Tilkamanjhi, Bhagalpur from 01.10.1996 and he performed the duties of sub-staff was

uninterruptedly till 25.05.1998 and he also claimed he worked for over 240 days preceding his termination so his

termination is covered u/s-2(OO) of the I.D.Act and it is bad and illegal as he was not given any notice / notice pay and

retrenchment compensation. However, on the contrary management side categorically stated in their written statement the

worker was never employed by the bank rather he was operating generator installed in the branch on hire by a private

person, and of course, the bank has take his services for some misc. work in the bank on the payment from contingency

and as when required like collie or labour charges. He was never appointed by the bank in any capacity.

7.

Considering the rival contentions of the parties, this tribunal finds that the onus thus vests on worker to prove

that he was appointed to discharge the duties of a peon of currency chest and there was master and servant relationship

between the two. If this aspect of this case is established only then the question relating to section 25(F) will come into

play.

8.

On perusing the written statement of the worker side and his evidence. Worker failed to narrate, who actually

appointed him in the bank and even there is no documents as well to Ext. his appointment. Moreover workman (W.W-2)

himself keeps mum on this point. W.W-1 also does not say who engaged the worker in the bank and took the services of

currency chest as per worker’s claim. W.W-1 being executive member of the union also failed to establish how the worker

was inducted in bank working and who made his appointment. The documents Ext.-W/3 series shows the payment made

by bank to the worker for his services taken between 12.10.1996 to 02.05.1998 it clearly shows that the worker was paid

Rs. 30/- for electric fitting charges, Rs. 25/-, Rs.45/-, Rs.35/-, Rs.60/-, Rs.30/-, Rs.50/- per day towards collie charges

Rs.60/- for chemical filling, Rs. 65/- for working on one Sunday, Rs. 35/-, Rs.25/- or Rs.41/- for sweeping charges.

Besides this workman has been paid also on some occasions for work in absence of one Ghanshyam. The above details of

payments clearly suggest that the payment was not uniform and in absence of above Ghanshyam he did work in his place

on certain dates. Moreover, it is evident that irregular and un-even payments are quite suggestive of the fact he was paid

only in proportion to the work done by him as collie and labourer. Moreover the management side have fairly admitted to

have utilized the services of workman as and when required just to support him financially when he was sitting idle. From

oral evidence and documentary evidence as placed by the workman side this tribunal does not find any cogent and

concrete evidence that he could establish he was employed and utilized by the bank as sub-staff and it is also not

established by the workman, he worked for 240 days continuously in one calendar year preceding his alleged termination.

9.

After remand of this case by the order of Hon’ble Court the workman side produced Mr. Armanath Choudhary

only who admitted this fact he was operating generator in UCO Bank, Tilkamanjhi, Bhagalpur from 1994 to 1998 and

also reported Vishnu Kant Jha was not his staff but he did not give clear picture from when the Vishnu Kant Jha was

engaged in the bank and what was his duties in the bank, so the evidence of Amarnath Choudhary the generator owner

also does not look convincing and reliable at all taking into consideration the workman claim as he was serving as sub-

staff in currency chest of UCO Bank.

10.

On the other hand the management evidence appears more emphatic and clear as M.W-1 was Branch Manager at

Tilkamanjhi Branch upto 1997 who clearly stated that the workman used to operate the generator installed by Amarnath

Choudhary (W.W-3) and there after by Irshad Alam who did not come forward to depose inspite of Dasti Summons

received by the representative of workman as per Hon’ble Court’s order. This witness also stated that permanent peon was

their in the bank and worker name was not in check off system. M.W-2 was the currency chest officer in the said branch

from 02.08.1993 to January 1999. He categorically stated in his evidence. the worker was never utilized by him at

currency chest of course he was paid carrying boxes when ever his services is taken for which he was paid. M.W-3 the

present currency chest officer also stated in the same tune. This tribunal further finds that management’s witnesses have

fairly admitted that the worker some time performed misc. works of the bank for which payment was made i.e established

from the payment details as filed by the management Ext.-M/1 and the workman Exts.- W/3 series. The management has

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

823

filed the Ext.-M report of LEO (Central ), Bhagalpur together with the statement of different employees of the said branch

to the effect that the worker was operating the generator set installed in the branch and some times at the instruction of the

branch manager did work of carrying boxes ( Collie work ).

11.

Thus on the ultimate analysis of the facts and circumstances of the case and the materials available on the record

and the evidence as adduced on behalf of the rival parties before this tribunal clearly establish that worker’s claim that his

service were utilized by the management at the currency chest, is not at all established and proved and same has to be out

rightly rejected. The evidence also indicates that the workman was never appointed by the bank orally or otherwise as

claimed by the workman. Thus in absence of any cogent evidence in support of his employment as sub-staff in currency

chest section of UCO Bank Branch Tilkamanjhi, Bhagalpur, this tribunal is of the opinion that there has been no

relationship of master and servant or employer – employee between the parties at any point of time.

12.

In view of the above discussions, this is the considered opinion of this tribunal that the claim of the UCO Bank

Employees Association that the workers was engaged by the management to perform the duties of sub-staff during

1996-98 is totally failed and hence his claim is rejected. Accordingly, there is no point to consider as to whether

management’s action of alleged termination from service is justified or not. Accordingly worker Vishnu Kant Jha is not

entitled to any relief whatsoever. This award is effected after date of publication in gazette.

This is the award accordingly.

Dictated &Corrected by me.

MANOJ SHANKAR, Presiding Officer

नई दिल्ली, 20 फरवरी, 2024

का.आ. 379.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

भारतीय स्ट्टेट बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa vkS?kksfxd

vf/kdj.k@Je U;k;ky; iVuk ds iapkV (a02 (C) of 2021) izdkf”kr djrh gSA

[सं. एल-12025/01/2024-आईआर-(बी-I)-106]

सलोनी] उप जनिेिक

New Delhi, the, 20th February, 2024

S.O. 379.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 02 (C) of 2021) of the Indus.Tribunal-cum-Labour Court Patna

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

workmen.

[No. L-12025/01/2024-IR(B-I)-106]

SALONI, Dy. Director

ANNEXURE

BEFORE THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATNA.

Reference Case No.:-02 (C) of 2021

Between the management of (1) Chief General Manager, State Bank of India ( New work-I ), West Gandhi

Maidan, Patna-800001 (2) Branch Manager, State Bank of India, Khagaria Bazar Branch, Mill Road, Dist.- Khagaria

and Their workman Sri Sunil Kumar Sinha, S/O- Shri Ram Narayan Prasad, C/O- Sanjay Kumar Sinha ( Principal ), At-

Lalpur ( Aashirbad Bhawan ), P.O- Chautham, PS- Chautham, Dist.- Khagaria. .

For the management:-

Sri Ambarish Bhardwaj, Advocate.

For the workman:-

Sri Vikash Mohan, Advocate.

Present:-

Manoj Shankar

Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dt- 19th January, 2024.

By the adjudication order no.- 1/ID(2)/2021/Dy CLC-Pt dated- 25/27.01.2021 the Govt. of India, Ministry of

Labour & Employment, Office of the Dy. Chief Labour Commissioner ( Central ), Maurya Lok Complex, A Block,

2nd Floor, Room No.-6,16,& 17, Patna-800001 has referred under clause (d) of sub-section-(1) of Section-10 of the

Industrial Dispute Act, 1947, ( hereinafter to be referred to as “the Act”), the following dispute between (1) Chief

General Manager, State Bank of India ( New work-I ), West Gandhi Maidan, Patna-800001 (2) Branch Manager,

824

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

State Bank of India, Khagaria Bazar Branch, Mill Road, Dist.- Khagaria and Their workman Sri Sunil Kumar Sinha,

S/O- Shri Ram Narayan Prasad, C/O- Sanjay Kumar Sinha ( Principal ), At- Lalpur ( Aashirbad Bhawan ), P.O-

Chautham, PS- Chautham, Dist.- Khagaria for adjudication to this tribunal:-

SCHEDULE

“Whether the action of the management of State Bank of India toterminate the service of workman Sri Sunil

Kumar Sinha is correct and valid? If not what relief the workman is entitled to?”

2.

As per the statement of claim of the workman Sunil Kumar Sinha the workman was engaged from

01.11.2003 by the Branch Manager, State Bank of India, Khagaria as messenger and he worked in the said branch

from 2003 to 2009. It is averred that the service of the workman was thoroughly satisfactory and the competent

authority granted certificate with regard to satisfactory service as well as experience but the workman was stopped

working in the said branch of the SBI from 2009. It is further asserted that the workman has discharged his duties

more than 240 days in number of calendar years as such workman is entitled for regularisation for his service as per

Industrial Dispute Act. The workman is also entitled for minimum wages from 2003 to 2009 as per provision of

Minimum Wages Act. It is further asserted that the management of State Bank of India was exploiting the workman

for six years but they have not given service to the workman which is illegal and arbitrary action of the bank.Thus

workman is entitled for regularization of his service U/S- 25(B) of the Industrial Dispute Act. It is further asserted that

workman filed a representation in the light of order passed in C.W.J.C No.- 4003 of 2009 but the representation of the

workman has been rejected on the facts that workman was engaged for cleaning of ATM for few hours on daily

wages which is factually wrong just to deprived the workman for regularization of the workman of his service. It is

further asserted that certificate granted by Branch Manager, SBI, Khagaria clearly shows the workman has discharged

the duties regularly. It is further asserted that one Durga Kumar was engaged by the bank in place of this workman i.e

clearly a violation of the judgement of the Hon’ble Apex Court passed in case of State of Harayana Vs. Piara Singh

wherein the Hon’ble Apex Court held that adhoc cann’t be replaced by the another adhoc. As in the present case the

bank has engaged the other adhoc in place of the workman. It is further asserted that the workman has been retrenched

from the service by the bank without noticing to the workman which is against section-25(F) of the I.D.Act. Thus the

management bank has adopted unfair labour practice. Accordingly workman’s pleading be considered and direct State

Bank of India ( Management ) to regularize the service of the workman from 2003 and further directed to pay full

back wages and pass other order as tribunal may deem fit and proper for ends of justice.

3.

On the other hand the management side filed written statement on 24.05.2022 stating therein the claim of the

workman is not maintainable at all as the workman cann’t be said to be workman of the SBI as he was never

appointed by the competent authority of the bank and therefore termination of service of Sri Sunil Kumar Sinha does

not arise. It is further asserted that SBI is the body corporate and constitution by the State Bank of India Act, 1955

passed by the appropriate legislature. As per section-43 of the Act,1955, the State Bank of India has been empowered

to appoint officers, advisers, employees, as it is considers necessary or desirable for the efficient performance of its

functions and determine the terms of conditions of appointment of the service. It is further asserted that the petitioner

had earlier filed a writ petition bearing C.W.J.C No.- 4003 of 2009 before the Hon’ble High Court and sought relief of

regularization on the basis of working messenger w.e.f 01.11.2003 and also claimed salary in the pay scale of Rs.

4060 – 7560/- but on the prayer of the workman / petitioner the said writ petition was disposed of by the Hon’ble

Court vide order dt- 28.04.2017 with a direction that if any representation is filed with supportive documents the

authority concerned may examine the same and pass order in accordance with law as well as instruction of the bank

preferably, within a three months from the date of filing. It is further asserted that the petitioner filed a representation

on 29.05.2017 for absorption in the service, the said representation was dully redressed and securitized and speaking

order passed by the competent authority of the bank on 28.08.2017 where by all the issues raised by the petitioner /

workman was answered keeping in view the facts and applicable rules. It is further asserted that the claim of the

workman is not true as he was never appointed as a messenger by the bank rendered his service in the khagaria branch

of the SBI rather his service utilized for the cleaning of ATM Chamber and branch premisses for a few hours on daily

wage basis and daily wages was paid to the workman through banker’s cheque. Bank neither issued the appointment

letter to Sunil Kumar Sinha in that capacity of messenger nor his name appeared on the rolls of the bank. It is further

asserted that the certificate referred by the workman Sunil Kumar Sinha cann’t form basis for his absorption in the

services of the bank as the bank follows set rules / procedures for the purpose of appointing any person on any

sanctioned post of the bank. It is further asserted that Sunil Kumar Sinha has never rendered his service to the branch

for a continuously 240 days for one calendar years immediately preceding 2009. It is further asserted that the ratio

propounded by the Hon’ble Apex Court of India in Uma Devi case is an authoritative pronouncement. No absorption,

regularization or grant permanent status to temporary, casual, daily wager or adhoc employee can be given without

following due process of recruitment. Regularization cann’t be claim as a matter of right. It is further asserted that

Sunil Kumar Sinha was never appointed on any sanctioned post of the bank and therefore, there was no employer and

employee relationship. Therefore, question for retrenchment u/s-25(F) of the Industrial Dispute Act does not arise.

Even the petitioner / workman had not rendered is service continuously service of 240 days immediately preceding a

calendar of this engagement of service as per claim i.e an essential ingredient of section-25(F) of the I.D.Act, 1947 to

claim retrenchment benefits. Accordingly the claim of the workman is not tenable either in law or on facts.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

825

4.

In order to establish his claim, the workman examined himself only as a W.W-1. Besides, oral evidence,

during course of the proceeding, workman got some documents marked as Exts. i.e:-

(i) Ext. W- Payment details of from the year 2003 to 2009 i.e mentioned from page 15 to 78.

(ii) Ext. W/1- The payment received by the workman through thebanker cheque from 2003 to 2009 shown from page

number 79 to 145.

(iii) Ext.W/2- The conveyance bill and it is payment of dt- 16.02.2004, 17.02.2004, 17.03.2004, 26.03.2004,

31.03.2004, 05.04.2004, 30.09.2004, 14.10.2004, 15.10.2004, 15.10.2004, 18.10.2004, 19.10.2004, 20.10.2004,

21.10.2004, and 25.10.2004 from shown from page no.- 146 to 162.

(iv) Ext.W/3- Certificate working of Sunil Kumar Sinha dt- 15.07.2006 given by the then Branch Manager Sri M.M.

Prasad Sinha of the year 2003 to 2007.

(v) Ext. W/4- The order of dt- 28.04.2017 passed by the Hon’ble Court in CWJC No.- 4003 of 2009.

(vi) Ext. W/5- Application given by the Sunil Kumar Sinha to the Chairman, State Bank of India Corporate office,

Mumbai and other top official including Branch Manager, SBI, Khagaria Bazar Branch for considering his

representation to regularize his service.

(vi) Ext.W/6- The order of the Regional Manager, SBI dt- 28.08.2017 on the representation petition given by Sunil

Kumar Sinha as per direction of the Hon’ble Court passed in CWJC No.- 4003 of 2009.

(vii) Ext. W/7- Bi-partite Settlement of dt- 27.10.1988 between SBI and All India Staff Federation.

5.

On the other hand management side examined just one witness namely Santosh Kumar Sinha, Dy. Manager,

SBI, Godda Banch and no documents is brought on the records by the management bank from its side during

proceeding.

6.

Now this tribunal Securitizes the evidence of workman Sunil Kumar Sinha (W.W-1) who filed his

affidavited examination-in-chief and stated before this tribunal that he has been engaged by the Branch Manager, SBI,

Khagaria Banch for working as daily messenger from 01.11.2003 and he has worked as a messenger in the said

branch from year 2003 to 2009. This witness further stated that the then Branch Manager had issued a certificate of

his working from of the year November-2003 to July-2006 that shows during the this period he has worked for 804

days in the said branch. This witness further stated that he also discharged the work of draft clearing as per instruction

of the Branch Manager and whatever the bill of his conveyance is given by him that was paid by the bank. This

witness further stated that he has worked 240 days in each calendar year from the year 2003 to 2008. This witness

further stated that he has filed a CWJC No.- 4003 of 2009 before the Hon’ble Court for his regularization and for the

minimum wages that was disposed of by the Hon’ble Court on 28.04.2017 with a direction to filed representation

before appropriate authority of the bank ( i.e proved Ext.-W/4) and thereafter, he file his representation before the

management bank but his representation was disallowed that is also violation of Bi-partite Settlement (i.e proved as

Ext.- W/6 ). This witness further proved the details of the payment of wages i.e from 2003 to 2009 shown from page

no.- 15 to 78 filed by him i.e marked as Ext.-W. He further proved the payment he received through bank cheque

from 2003 to 2009 i.e shown from page no.- 79 to 145 marked as Ext.- W/1. He further proved the details of his

conveyance bill of the year of 2004 that is shown from his filed document page no.- 146 to 162 i.e marked as Ext.-

W/2. This witness further proved the certificate of his working of the period of 2003 to 2007 showing 804 days given

by the then Branch Manager Sri M.M. Prasad Singh on 15.07.2006 i.e marked as Ext.-W/3. This witness also proved

his representation petition before the Chairman, SBI marked as Ext.-W/5.

In cross-examination he admits that for the regularization in the bank one has to work continuously at least

240 days. In para-21 of the cross-examination this witness admits that the attendance of staff of the bank was

maintained in attendance register and through Biomatrix method and again he stated there was no attendance made

through Biomatrix rather attendance register was maintained that was kept by accountant. In para-24 of his cross-

examination this witness categorically admits that the certificate dt- 15.07.2006 shows he has worked 124 days in the

year 2003-2004, 299 days in the year 2004-05, 297 days in the year 2005-06 and 84 days in the year 2006-07. In para-

26 of the cross-examination this witness categorically stated he did not take any leave from 2004 to 2006. In para-29

of the cross-examination he has stated that he has filed an application and other persons also filed application but he

was deputed by then Branch Manager Sri M.M. Prasad Sinha. In para-31 of the cross-examination this witness admits

that he did not get any appointment letter for the post of messengers. In para-36 of the cross-examination this witness

admits that he has written in the para-6 of his affidavit evidence he has worked 240 days in each calendar year from

the 2003 to 2007 but the certificate given by the then Branch Manager shows he has worked only 124 days in the year

2003-04. In para-40 of the cross-examination this witness admits that he has enrolment number in employment

exchange office. In para-44 of the cross-examination this witness categorially stated he used to receive the cash after

verification of banker cheque. In para-50 of the cross-examination this witness categorically stated that who ever was

in-charge of the bank, put his signature on the banker cheque. In para-52 of the cross-examination this witness

categorically stated that he discharged the work of vouchers stitching and he also went for the clearing work to the

826

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

head office as per the instruction of the Branch Manager. He used to do the job hospitality and he used to pass the

files and other stationary on the working tables of the staff and he further denied that he never discharge the work in

the bank continuously 240 days.

7.

On the other hand management side examined one witness namely Sri Santosh Kumar Sinha, Dy. Manager,

SBI, Godda Branch as M.W-1. Who deposed before this tribunal on 16.11.2022. He stated before this tribunal that he

was posted in SBI, Khagaria Branch from 1992 to 2010 and he was assistant there. This witness further stated that

during his tenure Sunil Kumar Sinha was working as a casual daily wager for cleaning the bank premises but he

cann’t say the mode of payment given by bank to the Sunil Kumar Sinha. This witness further stated that he does not

remember the working hours of Sunil Kumar Sinha in the said branch. He also stated that he does not remember

whether Sunil Kumar Sinha comes regular or occasionally. In cross-examination this witness admitted that in para-13

that the Ext.-W/3 of workman shows the certificate of working of Sunil Kumar Sinha as daily wager issued by the

then Branch Manager but there is no seal over the said certificate ( Ext.-W/3 ). This witness also admits in para-15 of

the cross-examination Ext.-W/3 shows workman was a daily wager. The settlement document shown to him is of SBI.

This witness further admits in para-17 of cross-examination the contents of settlement is effective but banker can

change the rules time to time and in para-18 this witness categorically stated he does not know whether any settlement

was effective after the 27.10.1998 and he further proved the Bi-partite Settlement of dt- 27.10.1998 marked as

Ext.-W/7. This witness further admits in para-20 of the cross-examination the page no-15 of the Ext.-W shows the

payment bill of the period 01.11.2003 to 10.11.2003.

8.

It is argued on behalf of the workman that workman has come before this tribunal for settlement of his

dispute with regards to regularization of service as well as payment of minimum wages attached to the post. It is

further argued that the workman had worked for more than 240 days in consecutive two calendar years i.e 299 days in

2005-06 and 297 days in 2006 to 2007 i.e evident from the Ext.-W/3. His continuance working can be treated as

continue service u/s 25 B of the Industrial Dispute Act. It is further argued that the certificate granted by the Branch

Manager of the said branch is strong evidence the workman was engaged as daily wager messenger in the SBI

Khagaria Bazar Branch i.e apparent from the rejection order dt-28.08.2017 passed by Regional Manager ( Ext.-W/6 ).

It is further argued that the management bank has not considered the Bi-partite Settlement agreement showing that Bi-

partite Settlement effective for the limited period that is clearly false. One Ranjeet Kumar Tanti got appointment in

1997 who was similarly situated to the workman. It is further argued that workman is entitled for all kinds of

protection under I.D.Act and it is well settled by the Hon’ble Apex Court it is not a duty of the management bank to

exploit its workman because management is in higher position. Bank management also violated the article 16 (1) of

the ( equal of opportunity of all citizen in matter relating to the employment or appointment any office of the State. It

is further argued that workman has thoroughly proved his engagement in the SBI, Khagaria Bazar Branch

continuously from 2003 to 2009 by way of oral and documentary evidence accordingly the management action of

terminating the service of Sunil Kumar Sinha is illegally and unjustified and so he is entitled for regularization of his

service.

10.

On the other hand it is argued from the management side initially workman filed a writ petition CWJC No.-

4003 of 2009 before the Hon’ble High Court, Patna and sought relief of regularization w.e.f 01.11.2003 and also

claim salary pay scale Rs. 4060 – 7560/- from 01.11.2003. The said writ petition was disposed of on 28.04.2017 with

a direction that if any representation is filed with supportive documents, the authority concerned may examine the

same and pass order in accordance with law within a period of three month from the date of filing of such

representation. It is further argued that the workman filed his representation on 29.05.2017 for absorption of his

service in the bank. His representation was dully redressed with a speaking order dt- 28.07,.2017 discharging the

workman claim is not tenable and acceptable as per banking norms and rules. It is further argued that the fact is

workman / claimant is never appointed as a messenger rather the service of workman was utilized for cleaning ATM

Chamber and branch premises for a few hours of the bank premises and he was paid through banker cheque for his

service as a daily wage. It is further argued that the claimant is failed to prove that he has rendered continuous service

for 240 days in any capacity part time / full time basis on any sanctioned post hence he cann’t be said to have been

retrenched u/s-25F of the I.D.Act. It is further argued that workman has failed to bring any cogent evidence to prove

that he has rendered his service continuous for 240 days in a calendar year preceding to year 2009 as per the claim of

the disengagement i.e essential of section-25F of the I.D.Act to claim retrenchment benefits. It is further argued that

the workman has admitted in his affidavited evidence ( para-6 ). He has worked 240 days in each calendar year 2003

to 2008 but letter of 15.07.2006 has proved by the workman clearly shows he has worked for 84 days in 2006-07 and

there is no authentic proof given by the workman of the year 2007-08. Hence his version regarding continuous

working is not at all acceptable as the workman has not come before this tribunal with clean hand. It is further argued

that SBI is the statutory body the recruitment of the staff of the SBI is always as per the rules and guidelines. Facts is

workman is never employed by the bank he was not an employee of the bank so procedure of retrenchment does not

apply to a person on a daily wager. It is also argued by the management side that as per the judgement passed by the

Hon’ble Apex Court in Uma Devi case no casual workers should be regularised by the courts or the State Government

as per constitutional provisions all the citizens of this country have right to contest for the employment and temporary

and causal workers have no right to seek for regularization. It is further argued from the management side the Hon’ble

Apex Court held in “Haryana Urban Development Authority Vs Om Pal”( AIR 2005 SC 475 ) despite a wide

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

827

discretionary power conferred upon the Industrial Courts Under Section 11A of the I.D.Act, the relief of

reinstatement with full back wages should not be granted automatically. Grant of relief would defend on the fact

situation of each case. It will depend upon several factors; one of which would be as to whether the recruitment was

effected in terms of the statutory provisions operating in the field. It is argued from the management side it is held by

the Hon’ble Apex Court “Union of India Vs. Ilmo Devi”( Civil Appeal Nos. 5689 – 5690 of 2021 ) dt- 7th October,

2021 mere continuation of service by a temporary or ad hoc or daily wages employee, under cover of some interim

orders of the court, would not confer upon him any right to be absorbed into service. Even temporary, ad hoc or daily

wages service for a long number of years, let alone service for one or two years, will not entitle such employee to

claim regularization. If he is not working against the sanctioned post sympathy and sentiment cannot be grounds for

passing any order of regularization in the absence of a legal right. Thus workman is not entitled for any relief.

11.

Considering all the facts and circumstances of the case and the submissions as advanced on behalf of the

both the sides and on securitizing the evidence as placed by both the sides in pursuant to respective written

statements, this tribunal finds that admittedly there is no dispute on this point whether the Sunil Kumar Sinha comes

under the purview of workman as per section-2(S) of the Industrial Dispute Act, moreover, there is no dispute

between the parties whether the grievance as raised by Sunil Kumar Sinha as a workman for unjustified retrenchment

from of his service is an Industrial Dispute as per provision of 2(K) of the I.D.Act. From perusal of the Statement of

claim / written statement as filed by the Sunil Kumar Sinha workman, he has worked from the year 2003 to 2009 in

S.B.I Khagaria Branch and he discharged the work of messenger as per instruction of the then Branch Manager and

he also claimed he has discharged his job continuously till he was stopped from working inthe year-2009. However,

on the other hand the management side countered the above claim of the workman by saying the Sunil Kumar Sinha

was never appointed as messenger and he never worked continuously for 240 days preceding his alleged termination

so his claim for regularization and claim for violation of section-25(B) of the I.D.Act and violation section 25(F) of

the I.D.Act is not attracted at all. Considering the rival contention of the two sides this tribunal finds that workman

thoroughly corroborated his details of working in his evidence before this tribunal i.e not at all thoroughly

controverted 10 by the management side hence his evidence regarding his working of S.B.I Khagaria Branch and he

has discharged several assigned work till 2009 cann’t be disbelieved. As the workman has filed some documentary

evidence to this effect as Ext.W/3 indicates the then Branch Manager Mr. M.M.Pd Singh has given a certificate of

working of Sunil Kumar Sinha in the S.B.I Khagaria Branch i.e period of as 2003-04 to 2006-07. On perusal of this

certificate it appears that workman Sunil Kumar Sinha has discharged of different duties as casual trained casual

labour on daily wages in the said branch as per instruction and direction of the then Branch Manager i.e this

certificate issued on 15.07.2006 showing his work of 124 days in the year 2003-04, 299 days in the year 2004-05, 297

days in the year 2005-06 and 84 days in the year-2006-07 this details clearly shows the Branch Manager has

calculated the working of Sunil Kumar Sinha from April of each year to the till 31st March the concluding date of

financial year. Here management side tried to deviate this facts Sunil Kumar Sinha did not discharge his duties

continuously for more than 240 days in the calendar year 2006-07 and after words preceding his termination of job

but since the certificate is issued on 15.07.2006 so the description of work of Sunil Kumar Sinha of the period 2006-

07 ( 84 days ) is the first quarter of 2006-07 i.e April-2006 to 15.07.2006 hence the contention of the management

Sunil Kumar Sinha did not discharge the duty of daily wages continuously 240 days preceding the termination year of

2009 cann’t be accepted because his continuous working from 2003 to 2007 is strong evidence he has discharged his

duties more than 240 days in several calendar years. So definitely it attracts the violation of section-25(B) and 25(F)

of the I.D.Act because no further notice and compensation is given by the management / bank then when bank

stopped the working of Sunil Kumar Sinha. This tribunal further find that taking the service of Sunil Kumar Sinha as

a temporary workman continuously 2003 to 2009 is indicative of this facts the management / bank was in need of a

worker like messenger to meet out the banking duties. It is also indicative of this period in that tenure there is no

permanent staff of doing the job like Sunil Kumar Sinha on the said branch. Ext.-W that shows that Sunil Kumar

Sinha has discharged the work of cleaning and the job of postal work and work related government bill for which he

has received the payment initially Rs. 25/- per day in the year-2003 i.e commence i.e 01.11.2003 and this payment

was continued upto 19.01.2004 and thereafter he received Rs. 30/- per day from 20.01.2004 to 15.07.2006 later on he

received payment of Rs.40/- per day from 17.07.2006 to 31.03.2007 and his wages rate was further enhanced to Rs.

50/- per day from 03.04.2007 to 30.11.2007 and Sunil Kumar Sinha further start getting Rs. 60/- per day from

01.12.2007 to 28.02.2009 i.e the clear indication he has worked continuously from 01.11.2003 to 28.02.2009.

Ext.-W/1 shows that he has received the payment of the details given in Ext.-W by way of banker cheque on monthly

basis and the photo copy of the banker cheque (Ext.-W/6) filed by the workman from month of 01.12.2004 to

05.03.2009. Ext.-W/2 shows workman has filed some conveyance bill for his work went to main branch for the

clearing the cheque statement that clearly shows that manager took the service of Sunil Kumar Sinha sending him

from S.B.I, Khagaria to the Khagaria main branch for the clearing draft and cheques. This tribunal finds that the

management witness was the assistant in the SBI Khagaria branch from 1992 to 2010 also admits Sunil Kumar Sinha

was working a casual daily wager but he failed to gave other details regarding his payment and working hours that

clearly shows that management has failed to discard the claim of the workman Sunil Kumar Sinha regarding his

working and mode of payment as placed by way of documentary evidence Ext.-W, W/1, W/2 & W/3. This tribunal

further finds that workman Sunil Kumar Sinha raised his grievance for his regularization salary payment in the scale

828

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

of Rs. 4060 to 7560/- from 01.11.2003 before the Hon’ble Court by way CWJC No.-4009 of 2009. The Hon’ble Court

has passed the order dt-28.04.2017 (Ext.-W/4) with direction to the management / bank to securitize his claim about

the regularization and other issue as per rules guidelines of the bank. Ext.-W/5 shows that a representation petition in

wake of order of the Hon’ble Court before the management / bank that was rejected by the Regional Manager vide

order dt-28.08.2017 (Ext.-W/6) showing the workman representation was regarding his absorption as per Bi-partite

Settlement of 27.08.1988 i.e (Ext.W/7) ( Mistakingly date is mentioned as 27.10.1998 in the evidence of M.W-1 ) and

for the equal pay for equal work but his both points for representation is rejected, disclosing the scheme of Bi-partite

Settlement was effective to causal workers of that period and at that time workman was not engaged in the S.B.I

Khagaria Branch and also discarded his representation no casual labour / daily wager cann’t be claim for his

regularization as a matter of right and also assigned for reason for rejection his service were used for cleaning of

ATM Chamber, branch premises and other related work for few hours. This tribunal finds that this rejection of the

management / bank ( Ext.-W/6 ) does not disclose the actual working taken by the bank as reported and placed by

Sunil Kumar Sinha by oral and documentary evidence and further virtually there is no evidence brought by the

management bank before this tribunal that could discard the claim of regular continuous working of workman Sunil

Kumar Sinha from 2003 to Feb.2009. Further this tribunal finds that Sunil Kumar Sinha never claimed he has

received any kind of appointment letter from the bank rather he established this facts he has been engaged by the then

Branch Manager of SBI, Khagaria Branch and he started working from 01.11.2003 till Feb. 2009 when he was

stopped doing the work of the bank and it also appears from the evidence that before stopping to take the work of

Sunil Kuma Sinha no notice was given to him and no compensation as such is given i.e clearly violation of section-

25(F) of the I.D.Act because workman has succeeded in proving he has been continuously working for more than 240

days preceding his termination of work i.e attracts section-25(B) regarding continuous working of 240 days this is the

pre-condition to follow of section 25(F) of the I.D.Act by any management but here management SBI did not follow

the section-25(B). Accordingly this tribunal finds and hold that after taking the service of Sunil Kumar Sinha by

management bank SBI Khagaria Branch from 01.11.2003 to 2009 he was stopped for working comes under the

purview of unfair labour practice i.e described in section 25(T) of the I.D.Act as Section 25(T) says no employer or

workman or a trade union whether registered under the Trade Union Act,1926 or not to commit any unfair labour

practice. Here in the instance case the bank has played unfair labour practice by not giving any opportunity Sunil

Kumar Sinha to worked as sub-staff in the bank after taking his service continuously from 01.11.2003 to 2009. So

rejection order of the management / bank (Ext.-W/6 ) is also not acceptable at all because the I.D.Act is created by the

Govt. of India to protect the rights of workman against the on slaught of management invoking te relevant premises.

12.

On securitizing all the facts and materials available on the records as discussed above, this tribunal finds and

hold that workman Sunil Kumar Sinha has successfully established his claim of reinstatement and of his

regularization by way of oral and documentary evidence, thus this is the considered opinion of this tribunal. The

action of the management / bank of SBI to terminate the service of workman Sunil Kumar Sinha is not correct and

valid. Accordingly, the management is directed to reinstate the Sunil Kumar Sinha ( Workman ) and regularize his

service as a sub-staff from 01.03.2009 with all consequential benefit within the two months of Gazatte of this award.

This award is effected after date of publication in gazette.

This is my award accordingly.

Dictated &Corrected by me.

MANOJ SHANKAR, Presiding Officer

नई दिल्ली, 20 फरवरी, 2024

का.आ. 380.—vkS?kksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

पंिाब नेिनल बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa dsUnzh;

ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky; लखनऊ ds iapkV (a27/2019) izdkf”kr djrh gSA

[सं. एल-12012/57/2017-आईआर-(बी-II)]

सलोनी] उप जनिेिक

New Delhi, the, 20th February, 2024

S.O. 380.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.27/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Lucknow as shown in the Annexure, in the industrial dispute between the management of Punjab National

Bank and their workmen.

[No. L-12012/57/2017-IR(B-II)]

SALONI, Dy. Director

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : फरवरी 24, 2024/फाल् गुल 5, 1945

829

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW

PRESENT

JUSTICE ANIL KUMAR

PRESIDING OFFICER

I.D. No. 27/2019

Ref. No. L-12012/57/2017-IR(B-II) dated 25.04.2018

BETWEEN

Ms Poonam Singh, 551/K311K/1, Madhuban Nagar, Alambagh, Lucknow-226005

AND

1. The Chairman-cum-Managing Director, Punjab National Bank, Head Office, 7, Bhikaji Cama Place, New

Delhi-110066

2. The Assistant General Manager, Punjab National Bank, HRD Section, Circle Office, BULANDSHAHR(U.P)

3. The Branch Manager, Punjab National Bank, Kasimpur Branch, ALIGARH(U.P.)

AWARD

By order No. L-12012/57/2017-IR(B-II) dated 25.04.2018 the present industrial dispute has been referred for

adjudication to CGIT-cum-Labour Court, Kanpur and subsequently, transferred to this CGIT, Lucknow vide order

dated 16.07.2019, in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A of Section

10 of the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:

“Whether the action of the management of Punjab National Bank, Bulandshahar in dismissing the services

of workman Ms Poonam Singh w.e.f. 28.06.2013 is just, fair and legal? If not, to what relief the workman

concerned is entitled to?"

The claimant filed its statement of claim on 22.05.2018, before CGIT-cum-Labour Court, Kanpur; however, an

application has been moved on behalf of applicant on 22.06.2018, before The Secretary, Ministry of Labour, Govt. of

India, New Delhi, praying therein as under:

“It is therefore prayed, that the I.D Case No.46 of 2018 in re Poonam Singh vs Chairman cum Managing

Director, Punjab National Bank & Others( Ref No. L-12012/57/2017-IR(B-II) dated 25-04-2018) pending

before Central Government Industrial Tribunal, Labour Court, Kanpur, be transferred from Central

Government Industrial Tribunal cum Labour Court, Kanpur to Central Government Industrial Tribunal cum

Labour Court, Lucknow.”

Thereafter, by order dated 16.07.2019 the matter was transferred from CGIT-cum-Labour Court, Kanpur to this

CGIT-cum- Labour Court, Lucknow; accordingly, it has been registered as ID case No 27/2019.

From the perusal of the order sheet, the position which emerge out that after the matter was transferred from Kanpur

to Lucknow, none appeared on behalf of claimant. On 03.04.2023, an order was passed, which is quoted herein

under:

“Matter taken up in revised list.

Parties absent.

List on 28.08.2023 for ex-parte hearing. Notice to parties.”

In pursuance to order dated 03.04.2023, the notices were sent to the parties. In spite of service of the said notice,

when the matter was taken up in revised cause list, neither on behalf of workman nor on behalf of respondent

anybody was present.

When matter was taken up in revise cause list, on 28.08.2023, neither workman nor its authorized representative has

turned up before this Tribunal in spite of repeated notices.

Findings & Conclusion:

Taking into consideration the fact that as till date no documentary or oral evidence has been filed by the claimant in

order to establish his claim as per the reference dated 25.04.2018.

830

THE GAZETTE OF INDIA : FEBRUARY 24, 2024/PHALGUNA 5, 1945

[PART II—SEC. 3(ii)]

So in view of the said facts, as well as the law laid by the Hon’ble High Court in the case of V. K. Raj Industries v.

Labour Court (I) and others 1981 (29) FLR 194 as under:

“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove

illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.

Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative

for him to file written statement before the Industrial Court setting out grounds on which the order is

challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file

written statement or produce evidence, the dispute referred by the State Government cannot be answered in

favour of the workman and he would not be entitled to any relief.”

In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,

Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon’ble Allahabad High Court has held as under:

“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,

V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)

FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led

by or on behalf of the workman the reference is bound to be answered by the court against the workman. In

such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead

evidence to establish an allegation made by a party is on the party making the allegation. The test would be,

who would fail if no evidence is led.”

And by the Hon’ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.

Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as

under:

“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the

respondent to prove the termination order as illegal. He was required to lead evidence first which he failed.

A perusal of the impugned award also does not show that any evidence either oral or documentary was led

by the respondent. In the case of no evidence, the reference has to be dismissed.”

As the workman has not filed any documentary/oral evidence in support of his claim, so the present case is liable to

be dismissed.

For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.

Award as above.

Lucknow.

Justice ANIL KUMAR Presiding Officer

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR

VERMA

Digitally signed by

MANOJ KUMAR VERMA

Date: 2024.03.08

19:51:35 +05'30'