3353 GI/2024

(2369)

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. 23]

नई दिल् ली, िून 9—िून 15, 2024, िजनवार/ज् येष् ठ 19 —ज् येष् ठ 25, 1946

No. 23]

NEW DELHI, JUNE 9—JUNE 15, 2024, SATURDAY/JYAISHTHA 19– JYAISHTHA 25, 1946

इस भाग में जभन् न ृष् ठ सं्‍ या िी िाती िज जिससे दक यि ृष क संकलन के प ृ में र ा िा सके

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

भागII— ण् ड 3—उृ- ण् 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 the Ministries of the Government of India

(Other than the Ministry of Defence)

जविेि मन्त्रालय

(सी.ृी.वी. प्रभाग)

नई दिल्ली, 10 िून, 2024

का.आ. 1084.—रािनजयक और कोंसुलीय अजिकारी (िृ एवं फीस) के अजिजनयम, 1948 की िारा 2 के

ंड (क) के अनुसरण में वजिाजनक आिेि ।

एति् द्वारा, सरकार भारतीय कोंसलावास, बंिर अब्बास, में श्री अजनल कुमार, सिायक अनुभाग अजिकारी को

िून 10, 2024 से सिायक कांसुलर अजिकारी के प ृ में कांसुलर सेवाओं का जनवविन करने के जलए अजिकषत करती िज।

[फा. सं. टी. 4330/1/2024(19)]

एस.आर.एच. फिमी, जनिेिक (सीृीवी-I)

सी.जी.-डी.एल.-सा.-01072024-255042

CG-DL-W-01072024-255042

सी.जी.-डी.एल.-सा.-01072024-255042

CG-DL-W-01072024-255042

2370

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(CPV Division)

New Delhi, the 10th June, 2024

S.O. 1084.—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular

Officers (Oaths and fees) Act, 1948 (41 of 1048), the Central Government hereby appoints Shri Anil Kumar,

Assistant Section Officer as Assistant Consular Officer in the Consulate of India, Bandar Abbas, to perform the

consular services as Assistant Consular Officer with effect from June 10, 2024.

[F. No. T. 4330/01/2024(19)]

S.R.H. FAHMI, Director (CPV-I)

ृेरोजलयम और प्राकषजतक गजस मंत्रालय

नई दिल्ली, 3 िून, 2024

का.आ. 1085.—केन् रीय सरकार, रािभाषा (संघ के िासकीय प्रयोिनों के जलए प्रयोग) जनयम, 1976 के

जनयम 10 के उृजनयम (4) के अनुसरण में ृेरोजलयम और प्राकषजतक गजस मंत्रालय के प्रिासजनक जनयंत्रणािीन सावविजनक

क्षेत्र के उृक्रम के जनम् नजलज त कायावलयों को, जिसके 80 या अजिक प्रजतित कमवचारी वषन् ि ने जिन् िी का कायवसािक ञान

प्राप् त कर जलया िज, अजिसूजचत करती िज:-

1.

गेल गजस जलजमटेड, ृिमिीृ टावर,

िी-10/8, तीसरी मंजिल,

संिय प्लेस, आगरा – 282002

2.

जिन्िुस्ट्तान ृेरोजलयम कॉृोरेिन जलजमटेड,

जसजलगुड़ी ररटेल क्षेत्रीय कायावलय, जद्वतीय मंजिल,

िोमलैंड जबलल्डंग, 3 माइल, सेवक रोड,

जसजलगुड़ी – 734008

[फा. सं. 11012/3/2021-रा.भा.(2024)]

िोभना श्रीवास्ट् तव, उृ जनिेिक (रािभाषा)

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 3rd June, 2024

S.O. 1085.—In pursuance of Sub Rule (4) of Rule 10 of the Official Language (Use for official purpose of

the Union) Rules, 1976, the central Government hereby notifies the following offices of the Public Sector

undertaking under the administrative control of the Ministry of Petroleum & Natural Gas, in which 80 or more

percent of the staff have acquired working Knowledge of Hindi:-

1. GAIL Gas Limited, Padamdeep Tower,

G-10/8, 3rd Floor,

Sanjay Place, Agra – 282002

2. Hindustan Petroleum Corporation Limited,

Siliguri Retail Regional Office, 2nd Floor,

Homeland Building, 3 Mile, Sewak Road,

Siliguri – 734008

[F. No. 11012/3/2021-OL (2024)]

SHOBHANA SRIVASTAVA, Dy. Director (OL)

नई दिल्ली, 12 िून, 2024

का.आ. 1086.—तेल उद्योग (जवकास) अजिजनयम, 1974 (1974 का 47) की िारा 3 की उृ-िारा 3 (ए)

द्वारा प्रित्त िजियों का प्रयोग करते हुए केंर सरकार श्री प्रवीण मल नूिा, अृर सजचव, ृेरोजलयम और प्राकषजतक गजस

मंत्रालय को दिनांक 07.06.2024 से 06.06.2026 तक तक अ वा अगले आिेिों तक, इनमें से िो भी ृिले िो, के जलए

तेल उद्योग जवकास बोडव के सिस्ट्य के प ृ में एतिद्वारा जनयुि करती िज।

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

अजमत बंसल, उृ सजचव

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2371

New Delhi, the 12th June, 2024

S.O. 1086. In exercise of the Powers conferred by Sub-Section (3)(a) of Section 3 of the Oil Industry

(Development) Act, 1974 (47 of 1974), the Central Government hereby appoints Sh. Praveen Mal Khanooja,

Additional Secretary, Ministry of Petroleum and Natural Gas as Member of the Oil Industry Development Board

w.e.f. 07.06.2024 to 06.06.2026 or until further orders, whichever is earlier.

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

AMIT BANSAL, Dy. Secy.

वाजणज्य और उद्योग मंत्रालय

(उद्योग संविवन और आंतररक व्याृार जवभाग)

नई दिल्ली, 31 मई, 2024

का.आ. 1087.—केन्र सरकार, रािभाषा (संघ के िासकीय प्रयोिनों के जलए प्रयोग) जनयम 1976 के

जनयम 10 के उृ-जनयम (4) के अनुसरण में उद्योग संविवन और आंतररक व्याृार जवभाग के जनयंत्रणािीन राष्ट्रीय

उत्ृािकता ृररषि् के जनम्नजलज त कायावलयों, जिनके 80% से अजिक कार्मवकों ने लिंिी का कायवसािक ञान प्राप्त कर

जलया िज, को अजिसूजचत करती िज:

1. राष्ट्रीय उत्ृािकता ृररषि, क्षेत्रीय जनिेिालय

एस.बी – 96, िवािर लाल नेिप मागव, बाृू नगर, ियृुर – 302 015

2. राष्ट्रीय उत्ृािकता ृररषि, क्षेत्रीय जनिेिालय

तषतीय तल, सुिामा भवन, बोररंग रोड चौरािा, ृटना-800 001

3. राष्ट्रीय उत्ृािकता ृररषि, क्षेत्रीय जनिेिालय

चतु व तल, कबीर भवन, उद्योग जनिेिालय ृररसर, िी.टी. रोड, कानृुर – 208 005

4. राष्ट्रीय उत्ृािकता ृररषि, क्षेत्रीय जनिेिालय

9, सजयि आजमर अली एवन्यु, ृाकव सकवस, कोलकाता, ृजिम बंगाल – 700 017

[फा. सं. ई-11017/3/2022-लिंिी]

रािीव लसंि ठाकुर, अृर सजचव

MINISTRY OF COMMERCE AND INDUSTRY

(Department for Promotion of Industry and Internal Trade)

New Delhi, the 31st May, 2024

S.O. 1087.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Language (Use for official purposes of

the Union) Rules 1976, the Central Government hereby notifies the following offices of National Productivity

Council under control of Department for Promotion of Industry & Internal Trade whose more than 80% staff have

acquired working knowledge of Hindi:

1. National Productivity Council, Regional Directorate

SB-96, Jawahar Lal Nehru Marg, Bapu Nagar, Jaipur -302 015

2. National Productivity Council, Regional Directorate

3rd Floor, Sudama Bhawan, Boring Road Crossing, Patna – 800 001

3. National Productivity Council, Regional Directorate

Fourth Floor, Kabir Bhawan, Directorate of Industries Campus, G.T. Road, Kanpur -208 005

4. National Productivity Council, Regional Directorate

9, Syed Amir Ali Avenue, Park Circus, Kolkata, West Bengal – 700 017

[F. No. E-11017/3/2022-Hindi]

RAJEEV SINGH THAKUR, Addl. Secy.

2372

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

भारी उद्योग मंत्रालय

(लिंिी अनुभाग)

नई दिल्ली, 5 िून, 2024

का.आ. 1088.—केंर सरकार, रािभाषा (संघ के िासकीय प्रयोिनों के जलए प्रयोग) जनयम 1976

(य ासंिोजित 1987, 2007 और 2011) के जनयम 10 के उृ-जनयम (4) के अनुसरण में, भारी उद्योग मंत्रालय के

प्रिासजनक जनयंत्रणािीन ‘बीएचईएल-काृोरेट, आर एंड डी, िजिराबाि’’ इकाई को, जिसके 80% से अजिक कमवचारीवषन्ि

ने लिंिी का कायवसािक ञान प्राप्त कर जलया िज, एतिद्वारा अजिसूजचत दकया िाता िज।

[फा. सं. ई-11012/2/2018-लिंिी]

जविय जमत्तल, संयुक् त सजचव

MINISTRY OF HEAVY INDUSTRIES

(Hindi Section)

New Delhi, the 5th June, 2024

S.O. 1088—In pursuance of Sub-Rule (4) of Rule 10 of the Official Language (Use for official purposes of

the Union) Rules, 1976 (as amended in 1987, 2007 and 2011), the Central Government hereby notifies the BHEL-

Corporate, R & D, Hyderabad unit, an office under the administrative control of the Ministry of Heavy Industries

wherein more than 80% staff have acquired the working knowledge of Hindi.

[F. No. E-11012/2/2018-Hindi]

VIJAY MITTAL, Jt. Secy.

श्रम और रोिगार मंत्रालय

नई दिल्ली, 22 जसतम्बर, 2023

का.आ. 1089.—राष्ट्रृजत, श्री कमल कांत को दिनांक 18 जसतम्बर, 2023 के ृूवावह्न से 17 जसतम्बर, 2027

तक 4 वषो की अवजि के जलए अ वा अगले आिेिों तक, िो भी ृिले िो, तक के जलए केंरीय सरकार औद्योजगक

अजिकरण-सि-श्रम न्यायालय न. 2, चंडीगढ़ में ृीठासीन अजिकारी के ृि ृर जनयुि करते िज।

2. श्री कमल कांत की ृीठासीन अजिकारी, केंरीय सरकार औद्योजगक अजिकरण सि-श्रम न्यायालय के ृि ृर जनयुजि

अजिकरण सुिार अजिजनयम, 2021 और उसके तित बने जनयम याजन अजिकरण (सेवा की ितें) जनयम, 2021 के

अनुसार जवजनयजमत की िाएगी।

[सं. अ-19011/11/2022-सीएलएस-II (ई)]

िनञ्जय िमाव, अवर स‎जचव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 22nd September, 2023

S.O. 1089.—The President is pleased to appoint Sh. Kamal Kant as Presiding Officer of Central

Government Industrial Tribunal-cum-Labour Court No. 2, Chandigarh for a period of 4 years with effect from the

forenoon of the 19th September, 2023 up to 18th September, 2027 or until further orders, whichever is earlier.

2. The appointment of Sh. Kamal Kant as Presiding Officer, CGIT-cum-LC shall be regulated in terms of the

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

[No. A-19011/11/2022-CLS-II (E)]

DHANANJAY SHARMA, Under Secy.

नई दिल्ली, 22 जसतम्बर, 2023

का.आ. 1090.—राष्ट्रृजत, श्री अतुल कुमार गगव को दिनांक 15 जसतम्बर, 2023 के ृूवावह्न से 14 जसतम्बर,

2027 तक 4 वषो की अवजि के जलए अ वा अगले आिेिों तक, िो भी ृिले िो, तक के जलए केंरीय सरकार औद्योजगक

अजिकरण-सि-श्रम न्यायालय न. 2, दिल्ली में ृीठासीन अजिकारी के ृि ृर जनयुि करते िज।

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2373

2. श्री अतुल कुमार गगव की ृीठासीन अजिकारी, केंरीय सरकार औद्योजगक अजिकरण सि-श्रम न्यायालय के ृि ृर

जनयुजि अजिकरण सुिार अजिजनयम, 2021 और उसके तित बने जनयम याजन अजिकरण (सेवा की ितें) जनयम, 2021

के अनुसार जवजनयजमत की िाएगी।

[सं. अ-19011/01/2023-सीएलएस-II (ई)]

िनञ्जय िमाव, अवर स‎जचव

New Delhi, the 22nd September, 2023

S.O. 1090.—The President is pleased to appoint Sh. Atul Kumar Garg as Presiding Officer of Central

Government Industrial Tribunal-cum-Labour Court No. 2, Delhi for a period of 4 years with effect from the

forenoon of the 15th September, 2023 up to 14th September, 2027 or until further orders, whichever is earlier.

2. The appointment of Sh. Atul Kumar Garg as Presiding Officer, CGIT-cum-LC shall be regulated in terms of the

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

[No. A-19011/01/2023-CLS-II (E)]

DHANANJAY SHARMA, Under Secy.

नई दिल्ली, 25 जसतम्बर, 2023

का.आ. 1091.—राष्ट्रृजत, श्री ृुणेन्िु कुमार श्रीवास्ट्तव को दिनांक 22 जसतम्बर, 2023 के ृूवावह्न से

21 जसतम्बर, 2027 तक 4 वषो की अवजि के जलए अ वा अगले आिेिों तक, िो भी ृिले िो, तक के जलए केंरीय

सरकार औद्योजगक अजिकरण-सि-श्रम न्यायालय, िबलृुर में ृीठासीन अजिकारी के ृि ृर जनयुि करते िज।

2. श्री ृुणेन्िु कुमार श्रीवास्ट्तव की ृीठासीन अजिकारी, केंरीय सरकार औद्योजगक अजिकरण सि-श्रम न्यायालय के ृि

ृर जनयुजि अजिकरण सुिार अजिजनयम, 2021 और उसके तित बने जनयम याजन अजिकरण (सेवा की ितें) जनयम,

2021 के अनुसार जवजनयजमत की िाएगी।

[सं. अ-19011/02/2023-सीएलएस-II (ई)]

एस आर ित्ता, उृ सजचव

New Delhi, the 25th September, 2023

S.O. 1091.—The President is pleased to appoint Sh. Purnendu Kumar Srivastava as Presiding Officer of

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

forenoon of the 22nd September, 2023 up to 21st September, 2027 or until further orders, whichever is earlier.

2. The appointment of Sh. Purnendu Kumar Srivastava as Presiding Officer, CGIT-cum-LC shall be regulated in

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

Rules, 2021.

[No. A-19011/02/2023-CLS-II(E)]

S. R. DATTA, Dy. Secy.

नई दिल्ली, 29 जसतम्बर, 2023

का.आ. 1092.—राष्ट्रृजत, श्री रािा मोिन चतुवेिी को दिनांक 25 जसतम्बर, 2023 के ृूवावह्न से 70 वषव की

आयु प्राप्त करने की तारी , यानी 04 जसतंबर, 2027 तक की अवजि के जलए अ वा अगले आिेिों तक, िो भी ृिले िो,

तक के जलए केंरीय सरकार औद्योजगक अजिकरण-सि-श्रम न्यायालय, ियृुर में ृीठासीन अजिकारी के ृि ृर जनयुि

करते िज।

2. श्री रािा मोिन चतुवेिी की ृीठासीन अजिकारी, केंरीय सरकार औद्योजगक अजिकरण सि-श्रम न्यायालय के ृि ृर

जनयुजि अजिकरण सुिार अजिजनयम, 2021 और उसके तित बने जनयम याजन अजिकरण (सेवा की ितें) जनयम, 2021

के अनुसार जवजनयजमत की िाएगी।

[सं. अ-19011/03/2023-सीएलएस-II(ई)]

एस आर ित्ता, उृ सजचव

2374

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

New Delhi, the 29th September, 2023

S.O. 1092.—The President is pleased to appoint Sh. Radha Mohan Chaturvedi as Presiding Officer of

Central Government Industrial Tribunal-cum-Labour Court, Jaipur with effect from the forenoon of the

25th September, 2023 up to date of attaining 70 years of age, i.e, 04th September, 2027 or until further orders,

whichever is earlier.

2. The appointment of Sh. Radha Mohan Chaturvedi as Presiding Officer, CGIT-cum-LC shall be regulated in terms

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

2021.

[No. A-19011/03/2023-CLS-II(E)]

S. R. DATTA, Dy. Secy.

नई दिल्ली, 9 मई, 2024

का.आ. 1093.—राष्ट्रृजत, श्री श्रीकांत केिवराव िेिृांडे को दिनांक 03 मई, 2024 के ृूवावह्न से

15 फरवरी, 2028 तक के जलए अ वा अगले आिेिों तक, िो भी ृिले िो, तक के जलए केंरीय सरकार औद्योजगक

अजिकरण-सि-श्रम न्यायालय न. 2, मुंबई में ृीठासीन अजिकारी के ृि ृर जनयुि करते िज।

2. श्री श्रीकांत केिवराव िेिृांडे की ृीठासीन अजिकारी, केंरीय सरकार औद्योजगक अजिकरण सि-श्रम न्यायालय के

ृि ृर जनयुजि अजिकरण सुिार अजिजनयम, 2021 और उसके तित बने जनयम याजन अजिकरण (सेवा की ितें) जनयम,

2021 के अनुसार जवजनयजमत की िाएगी।

[सं. अ-19011/01/2024-सीएलएस-II(ई)]

िनञ्जय िमाव, अवर स‎जचव

New Delhi, the 9th May, 2024

S.O. 1093.—The President is pleased to appoint Sh. Shrikant Keshaorao Deshpande as Presiding Officer of

Central Government Industrial Tribunal-cum-Labour Court No. 2, Mumbai with effect from the forenoon of the 03rd

May, 2024 up to 15th February, 2028 or until further orders, whichever is earlier.

2.

The appointment of Sh. Shrikant Keshaorao Deshpande as Presiding Officer, CGIT-cum-LC shall be

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

Service) Rules, 2021.

[No. A-19011/01/2024-CLS-II(E)]

DHANANJAY SHARMA, Under Secy.

नई दिल्ली, 5 िून, 2024

का.आ. 1094.— vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (04/2021) izdkf”kr djrh

gSA

[la- ,y-41011/04/2021- vkbZ vkj (ch-I)]

सलोनी] उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1094.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.04/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/04/2021- IR(B-I)]

SALONI, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2375

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 04 / 2021

1. The Divisional Railway Manager,

Western Railway, Asarwa,

Ahmedabad (Gujarat) – 380016

2. The Sr. Divisional Mechanical Engineer,

Western Railway, Diesel Shed,

Vatva, Ahmedabad (Gujarat)- 382440

….…….First Parties

V/s

The General Secretary,

Akhil Bharatiya Karmachari Mahasangh,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati,Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

below mentioned dispute vide reference adjudication Order No. L-41011/04/2021-IR (B-I) dated 15.02.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of Akhil Bharatiya Karmachari Mahasangh for Promotion, Seniority and MACP

benefits of Shri Symon R., Elect. Fitter, Gr.III is fair, legal & justified? If so, what relief the workman is entitled

to?”

1. The reference was received in this Tribunal on 25th February, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

2376

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 5 िून, 2024

का.आ. 1095.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (06/2021) izdkf”kr djrh gSA

[la- ,y-41011/16/2021- vkbZ vkj (ch-I)]

सलोनी] उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1095.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.06/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/16/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 06 / 2021

The Sr. Divisional Electrical Engineer,

Western Railway, Asarwa,

Ahmedabad (Gujarat) – 380016

…….First Party

V/s

The Zonal Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati,Ahmedabad (Gujarat) - 382470

Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/16/2021-IR (B-I) dated 05.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Union viz., Bhartiya Rail Mazdoor Federation, Ahmedabad for non-payment

of travelling allowances for the months of April-2016, July-2016 and December-2016 and overtime allowance for

the period from 14.01.2016 to 24.12.2016 to Shri Nilesh S. Khalasi is legal, just and proper? If not, as to what relief,

Shri Nilesh S. Khalasi is entitled to?”

1.

The reference was received in this Tribunal on 15th April, 2021. The Ministry had directed the party raising

the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2377

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 5 िून, 2024

का.आ. 1096.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (09/2021) izdkf”kr djrh gSA

[la- ,y-41011/23/2021- vkbZ vkj (ch-I]

सलोनी, उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1096.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.09/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/23/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 09 / 2021

1.

The General Manager,

Western Railway, Chuchgate,

Mumbai- 400020

2.

The Divisional Railway Manager,

Western Railway, Asarwa,

Ahmedabad(Gujarat)- 380016

….…….First Parties

V/s

The General Secretary,

Akhikl Bharatiya Karmachari Mahasangh,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

2378

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

mentioned dispute vide reference adjudication Order No. L-41011/23/2021-IR (B-I) dated 15.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of Akhil Bharatiya Karmachari Mahasangh for correct pay fixation in respect of Shri

Priyakant Anjani Kumar & 22 others Assistant LOCO Pilots selected vide order No EM/890/1/2(Running)

25/GDCE dated 07.07.2016, is fair, legal & justified? If so, as to what relief the workmen are entitled to?”

1.

The reference was received in this Tribunal on 26th April, 2021. The Ministry had directed the party raising the

dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days of

receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 5 िून, 2024

का.आ. 1097.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (11/2021) izdkf”kr djrh gSA

[la- ,y-41011/26/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1097.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.11/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/26/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 11 / 2021

The Divisional Railway Manager,

Western Railway, Asarwa,

Ahmedabad(Gujarat)- 380016

…….First Party

V/s

The Zonal Secretary,

Indian Railway Labour Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

….Second Party

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2379

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the Clause

(d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/26/2021-IR (B-I) dated 19.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Indian Railway Labour Federation for pay fixation in respect of Shri Bhailal D

Solanki, Elect. Fitter Gr.-I, at par with his juniors Shri Jayesh R. Bhat and others w.e.f July 2008 and payment of

arrears thereof, is fair, legal & justified? If so what relief the workman is entitled to?”

1.

The reference was received in this Tribunal on 26th April, 2021. The Ministry had directed the party raising the

dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days of

receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 5 िून, 2024

का.आ. 1098.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (07/2021) izdkf”kr djrh gSA

[la- ,y-41011/19/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1098.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.07/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/19/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

2380

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Reference (CGITA) No. - 07 / 2021

1.

The Chief Medical Director,

Western Railway, Churchgate,

Mumbai– 400020

2.

The Chief Medical Supdt,

Western Railway, New Railway Colony,

Sabarmati, Ahmedabad(Gujarat)- 380005

…. …….First Parties

V/s

The Divisional Secretary,

Paschim Railway Karmachari Parishad,

12, Devganga Bunglows, Near Jantanagar,

Chandkheda, Ahmedabad (Gujarat) - 382424

.…. ….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the Clause

(d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/19/2021-IR (B-I) dated 15.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Union viz., Paschim Railway Karmachari Parishad, Ahmedabad for not providing

proper medical treatment and facilities to their employees by the management of Chief Medical Director,

Western Railway, Mumbai and Chief Medical Supdt, Western Railway, Sabarmati, Ahmedabad is legal, just

and proper? If so, as to what relief, the Union is entitled to?”

1.

The reference was received in this Tribunal on 26th April, 2021. The Ministry had directed the party raising the

dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days of

receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 5 िून, 2024

का.आ. 1099.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (08/2021) izdkf”kr djrh gSA

[la- ,y-41011/21/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 5th June, 2024

S.O. 1099.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.08/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/21/2021- IR(B-I)]

SALONI, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2381

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 08 / 2021

The Assistant Finance and Chief Account Officer,

Western Railway, Chuchgate,

Mumbai- 400020

….…….First Party

V/s

The General Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati,Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/21/2021-IR (B-I) dated 15.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of Bharatiya Rail Mazdoor Federation for restarting of family pension in the case of

Smt. Kasturiben Widow of Shri Mukun Chinnaswamy, from the date it is stopped and payment of arrears thereof, is

fair, legal and justified? If so, as to what relief Smt. Kasturiben Mukun Chinnaswamy is entitled to?”

1. The reference was received in this Tribunal on 26th April, 2021. The Ministry had directed the party raising

the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1100.— vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (12/2021) izdkf”kr djrh gSA

[la- ,y-41011/28/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

2382

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

New Delhi, the 6th June, 2024

S.O. 1100.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.12/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/28/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 12 / 2021

1.

The Divisional Railway Manager,

Western Railway,

Bhavnagar(Gujarat)- 364001

2.

The Sr. Divisional Mechanical Engineer,

Western Railway,

Bhavnagar(Gujarat)- 364001

…….First Parties

V/s

The General Secretary,

Akhikl Bharatiya Karmachari Mahasangh, (Rly),

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….…Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/28/2021-IR (B-I) dated 19.04.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Akhil Bharatiya Karmachari Mahasangh for dropping SF 11 dated

11.04.20219 issued by the Sr. Divisional Mechanical Engineer, Western Railway, Bhavnagar to Shri Rajesh C.

Nirmal, LOCO Pilot, is fair, legal & justified? If so what relief the workman is entitled to?”

1.

The reference was received in this Tribunal on 26th April, 2021. The Ministry had directed the party raising the

dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days of

receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2383

नई दिल्ली, 6 िून, 2024

का.आ. 1101.— vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (13/2021) izdkf”kr djrh gSA

[l- ,y-41011/27/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1101.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.13/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/27/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 13 / 2021

The Sr. Divisional Signal and Telecom Engineer,

Western Railway, Divisional Office,

Asarwa, Ahmedabad(Gujarat)

….…….First Party

V/s

The Zonal Secretary,

Indian Railway Labour Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

below mentioned dispute vide reference adjudication Order No. L-41011/27/2021-IR (B-I) dated 06.05.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Indian Railway Labour Federation for illegal deduction from DCRG

amounting to Rs. 60,561/- and wrong pay fixation in respect of Shri Durgaprasad, Khalasi by Railway

Administration, is fair legal & justified? If so, what relief the workman is entitled to?”

1. The reference was received in this Tribunal on 21th May, 2021. The Ministry had directed the party raising

the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2384

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1102.— vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (25/2021) izdkf”kr djrh gSA

[la- ,y-41011/35/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1102.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.25/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/35/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 25 / 2021

1.

The Divisional Railway Manager,

Western Railway, Asarwa,

Ahmedabad(Gujarat)- 380016

2.

Sr. Divisional Commercial Manager,

Western Railway, Asarwa,

Ahmedabad(Gujarat)- 380016

…….First Parties

V/s

The General Secretary,

Akhikl Bharatiya Karmchari Mahasangh,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2385

mentioned dispute vide reference adjudication Order No. L-41011/35/2021-IR (B-I) dated 20.10.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of Akhil Bharatiya Karmachari Mahasangh, Ahmedabad for old pension scheme in

respect of Shri Mahendra Singh, Assistant Commercial Clerk under Station Manager, Ahmedabad, is fair, legal &

justified? If so what relief the workman is entitled to?”

1. The reference was received in this Tribunal on 26th October, 2021. The Ministry had directed the party raising

the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days of

receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested to

prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1103.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (25/2021) izdkf”kr djrh gSA

[la- ,y-41011/39/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1103.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 27/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/39/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 27 / 2021

The Chief Medical Supdt,

Western Railway, Railway Colony,

2386

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Sabarmati,

Ahmedabad(Gujarat)- 380005

.…….First Party

V/s

The Zonal Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….… Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/39/2021-IR (B-I) dated 08.11.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Bhartiya Rail Mazdoor Federation, Ahmedabad for service benefits to Shri

Kabji Lal, Zamadar, Kalol after attaining 60 years of age and compassionate appointment to his son is legal, just and

proper? If so, as to what relief the Shri Kabji Lal, Zamadar, Kalol is entitled to?”

1.

The reference was received in this Tribunal on 22th November, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through

registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties

including claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1104.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (28/2021) izdkf”kr djrh gSA

[la- ,y-41011/40/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1104.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.28/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/40/2021- IR(B-I)]

SALONI, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2387

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 28 / 2021

The Divisional Railway Manager,

Western Railway, Divisional Office,

Personnel department,

Ahmedabad (Gujarat)- 382345

….…….First Party

V/s

The Zonal Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/40/2021-IR (B-I) dated 08.11.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Union for promotion of S/Shri Lalbhardir R, Dipak Giriraj and Radheshyam

Yadav Vehicle Driver Gr. III. at par with Shri Sahiram and Choturam w.e.f. 17.07.2019 is legal, Just and proper? If

so, as to what relief, S/Shri Lalbahardir R, Dipak Giriraj and Radheshyam Yadav, Vehicle Driver Gr. III. are

entitled to?”

1. The reference was received in this Tribunal on 22th November, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through

registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties

including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested to

prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1105.— vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (30/2021) izdkf”kr djrh gSA

[la- ,y-41011/42/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

2388

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

New Delhi, the 6th June, 2024

S.O. 1105.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.30/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/42/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 30 / 2021

The Divisional Railway Manager,

Western Railway, Divisional Office,

Personnel department,

Ahmedabad(Gujarat)- 382345

….…….First Party

V/s

The Zonal Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the Clause

(d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/42/2021-IR (B-I) dated 08.11.2021 for

adjudication to this Tribunal.

SCHEDULE

1. “Whether the demand of the Bhartiya Rail Mazdoor Federation, Ahmedabad, for promotion and increment for

the year July 2018 to Shri Ashok Sharma and 13 others, Track Maintainer (Gangman) working under Assistant

Divisional Engineer, Western Railway, Sabarmati, Ahmedabad is legal, just and proper? If so, as to what relief,

Shri Ashok Sharma and 13 others, Track Maintainer (Gangman) are entitled to?”

2. “Whether the demand of the Bhartiya Rail Mazdoor Federation, Ahmedabad for payment of Bonus and

travelling allowance for the period from January, 2018 to November, 2018 to Shri Dinesh Kumar, Track

Maintainer (Gangman) working under Assistant Divisional Engineer, Western Railway, Sabarmati, Ahmedabad

is legal, just and proper. If so, as to what relief Shri Dinesh Kumar, Track Maintainer (Gangman) is entitled to?”

1. The reference was received in this Tribunal on 22th November, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through

registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties

including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2389

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1106.— vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (31/2021) izdkf”kr djrh gSA

[la- ,y-41011/43/2021- vkbZ vkj (ch-I)]

सलोनी] उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1106.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.31/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/43/2021- IR(B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 31 / 2021

The Divisional Railway Manager,

Western Railway, Divisional Office,

Personnel department,

Ahmedabad(Gujarat)- 382345

…….First Party

V/s

The Zonal Secretary,

Bhartiya Rail Mazdoor Federation,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/43/2021-IR (B-I) dated 08.11.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Bhartiya Rail Mazdoor Federation, Ahmedabad, for payment of salary for the

period shown in the annexure-I to Shri Ashok Sharma and 13 others, Track Maintainer (Gangman) by the Railway

management is legal, just and proper. If so, as to what relief, Shri Ashok Sharma and 13 others, Track Maintainer

(Gangman) are entitled to?”

1.

The reference was received in this Tribunal on 22th November, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

2390

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through

registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties

including claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1107.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृजिमी रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (33/2021) izdkf”kr djrh gSA

[la- ,y-41011/45/2021- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1107.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.33/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Western Railway and

their workmen.

[No. L-41011/45/2021- IR(B.I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 33 / 2021

1.

The Sr. Divisional Mechanical Engineer,

Western Railway, Dieselshed, Vatva,

Ahmedabad(Gujarat)- 382440

2.

The Director,

M/s. Anva Rocker Technocraft Pvt. Ltd.

201, New Opera House, Nr. Harish Dying,

Khotodra, Surat(Gujarat)- 395002

….… ….First Parties

V/s

The General Secretary,

Akhikl Bharatiya Karmachari Mahasangh,

28-B, Narayan Park, B/H Chandkheda Railway Station,

Sabarmati, Ahmedabad (Gujarat) - 382470

.…. ….Second Party

For the First Party

: None

For the Second Party

: None

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2391

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-41011/45/2021-IR (B-I) dated 16.11.2021 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of Akhil Bharatiya Karmachari Mahasang, Ahmedabad for reinstatement of Shri

Valechand Ramchand Kashiram and Shri Dinesh Kumar Ojha in service with back wages, continuity and all

consequential benefits and for payment of wages from March 2020, are fair, legal & justified? If so, what relief the

workmen are entitled to?”

1. The reference was received in this Tribunal on 26th November, 2021. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15

days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through

registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties

including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested to

prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1108.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (25/2020) izdkf”kr djrh gSA+

[l- ,y-12011/22/2020- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1108.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.25/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their

workmen.

[No. L-12011/22/2020- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

2392

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Reference (CGITA) No. - 25 / 2020

1. The Manager,

UCO Bank,

13, Abhilasha Complex, Bhagwati Society,

Near Bus Stop,

Patan

2. Shri Avinash Parshottam Vyas,

18, Ratandeep Society, Unja Road,

Vill. Hansapur, Distt. Patan

….First Parties

V/s

The General Secretary,

UCO Bank Nivrut Parivar,

237, Ellisbridge Shopping Centre,

Opp. Town Hall, Ellisbridge,

Ahmedabad (Gujarat)- 380006

….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the below

mentioned dispute vide reference adjudication Order No. L-12011/22/2020-IR (B-II) dated 20.07.2020 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Union viaz UCO Bank Nivrut Pariwar (Gujarat) Ahmedabad for reinstatement

of services of Shri Avinash Parshottam Vyas, Daily Casual Worker in UCO Bank with back wages and other service

benefits w.e.f. 11.06.2018 is legal, just and proper? If so, to what relief Shri Avinash Parshottam Vyas, Daily casual

workers is entitled to?”

1.

The reference was received in this Tribunal on 17th August, 2020. The Ministry had directed the party raising

the dispute to file his statement of claim complete with relevant documents with the Tribunal within 15 days

of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes (Central)

Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal through registered

post by the Ministry. Therefore, it is inferred that the same had been delivered to all the parties including

claimants.

2.

Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been elapsed

but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3.

In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not interested

to prosecute the claim or the said dispute is no more in existence.

4.

It is therefore just & proper to pass an award considering “no dispute” between the parties.

5.

The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2393

नई दिल्ली, 6 िून, 2024

का.आ. 1109.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

िीन ियाल ृोटव रस्ट्ट ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (14/2020) izdkf”kr djrh gSA

[la- ,y-37011/02/2020- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1109.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.14/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Deendayal Port Trust

and their workmen.

[No. L-37011/02/2020- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 14 / 2020

1. The Chairman,

Deendayal Port Trust,

Administrative Office,

Post Box No. 50,

Gandhidham- 370201

2. The Chief Mechanical Engineer,

Deendayal Port Trust,

Administrative Office,

Post Box No. 50,

Gandhidham- 370201

….First Parties

V/s

The General Secretary,

Transport & Dock Workers Union,

F/3, Adinath Arcade-1, Plot No. 583,

Ward 12-C

Gandhidham- 370201

.….Second Party

For the First Party

: None

For the Second Party

: None

2394

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

below mentioned dispute vide reference adjudication Order No. L-37011/02/2020-IR (B-II) dated 30.06.2020 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Transport & Dock Workers Union of classifying the Lift Operators in Class-

III category at par with senior Office Attendants is legal, just and proper? And if yes, what relief the concerned

Union/lift operators is entitled to and to what extent?”

1. The reference was received in this Tribunal on 04th August, 2020. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1110.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

िीन ियाल ृोटव रस्ट्ट ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (15/2020) izdkf”kr djrh gSA

[la- ,y-37011/01/2020- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1110.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.15/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Deendayal Port Trust

and their workmen.

[No. L-37011/01/2020- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2395

Reference (CGITA) No. - 15 / 2020

1. The Chairman,

Deendayal Port Trust,

Administrative Office Building,

Post Box No. 50,

Gandhidham- 370201

2. The Chief Engineer,

Deendayal Port Trust,

Administrative Office, P.B No. 50,

Gandhidham- 370201

.....…….First Parties

V/s

The General Secretary,

Transport & Dock Workers Union,

F/3, Adinath Arcade-1, Plot No. 583,

Ward 12-C

Gandhidham- 370201

..….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

below mentioned dispute vide reference adjudication Order No. L-37011/01/2020-IR (B-II) dated 24.06.2020 for

adjudication to this Tribunal.

SCHEDULE

“Whether the action of the management of Deendayal Port Trust, Gandhidham in redeploying and posting

of outdoor staff in offices to work in the Ministerial Cadre that resulted in changes in duty pattern is legal, just

and proper? And if not, what relief the concerned outdoor staff/union is entitled to and to what extent?”

1. The reference was received in this Tribunal on 04th August, 2020. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

2396

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 6 िून, 2024

का.आ. 1111.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (23/2020) izdkf”kr djrh gSA

[la- ,y-12011/23/2020- vkbZ vkj (ch-II)]

सलोनी] उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1111.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 23/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their

workmen.

[No. L-12011/23/2020- IR(B-II]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 23 / 2020

1. The Manager,

UCO Bank,

25-26, Ground Floor, Kranti Bhawan,

Modhera Cross Roads,

Mehsana(Gujarat)- 382002

2. Shri Hitesh K. Mali,

1-9, Sundar Nagar Flats,

Naranpura Cross Road, Ankur Road,

Naranura, Ahmedabad(Gujarat)

...…….First Parties

V/s

The General Secretary,

UCO Bank Nivrut Parivar,

237, Ellisbridge Shopping Centre,

Opp. Town Hall, Ellisbridge,

Ahmedabad (Gujarat)- 380006

..….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2397

below mentioned dispute vide reference adjudication Order No. L-12011/23/2020-IR (B-II) dated 20.07.2020 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the Union viz UCO Bank Nivrut Pariwar(Gujarat) Ahmedabad for reinstatement

of services of Shri Hitesh K. Mali, Daily Casual Worker/Sweeper in UCO Bank with back wages and other

services benefits w.e.f. 19.04.2018 is legal, just and proper? If so, to what relief Shri Hitesh K. Mali, Daily

Casual Worker/Sweeper is entitled to?”

1. The reference was received in this Tribunal on 17th August, 2020. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act,

1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 6 िून, 2024

का.आ. 1112.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

बैंक ऑफ बड़ौिा ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] अिमिाबाि ds iapkV (16/2020) izdkf”kr djrh gSA

[la0 ,y-12011/21/2020- vkbZ vkj (ch-II)]

सलोनी] उृ जनिेिक

New Delhi, the 6th June, 2024

S.O. 1112.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.16/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Ahmedabad as shown in the Annexure, in the industrial dispute between the management of Bank of Baroda and

their workmen.

[No. L-12011/21/2020- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

AHMEDABAD

Present….

Radha Mohan Chaturvedi,

Presiding Officer (I/c),

CGIT-cum-Labour Court,

Ahmedabad

Dated 15th May, 2024

Reference (CGITA) No. - 16 / 2020

The Deputy General Manager,

Bank of Baroda,

North West Gujarat Zone,

2398

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Opp; Law Garden, Ellisbridge,

Ahmedabad(Gujarat)- 380006

.....…….First Party

V/s

The General Secretary,

Glorious Petroleum Mazdoor Sangh,

A/3, Priya Darshini Society, New Railway Colony, Sabarmati,

Ahmedabad(Gujarat)- 380019

..….….Second Party

For the First Party

: None

For the Second Party

: None

AWARD

The Ministry of Labour and Employment, Government of India have in exercise of powers conferred by the

Clause (d) of Sub-section (1) and Sub-section 2A of Section 10 of Industrial Disputes Act, 1947 referred the

below mentioned dispute vide reference adjudication Order No. L-12011/21/2020-IR (B-II) dated 24.06.2020 for

adjudication to this Tribunal.

SCHEDULE

“Whether the demand of the General Secretary, Glorious Petroleum Mazdoor Sang, Ahmedabad to appoint

Shri Jayesh P. Tundiya son of late Shri Pradhyunmanbhai K. Tundiay, Head Peon at service Branch,

Ahmedabad in the establishment of Bank of Baroda on compassionate ground with all benefits w.e.f.

11.10.2008 or ex-gratia payment to him is legal, fair and justified? If yes, then what relief the legal heir Shri

Jayesh P. Tundiay of late Shri Pradhyumanbhai K. Tundiya is entitled to and what other directions, if any, are

necessary in the matter?”

1. The reference was received in this Tribunal on 04th August, 2020. The Ministry had directed the party

raising the dispute to file his statement of claim complete with relevant documents with the Tribunal within

15 days of receipt of this order of reference as per provision made under Rule 10 (B) of Industrial Disputes

(Central) Rules, 1957. This order of reference had been sent to all the parties as well as this Tribunal

through registered post by the Ministry. Therefore, it is inferred that the same had been delivered to all the

parties including claimants.

2. Considering the period of outbreak of the COVID-19 pandemic and spread of the new variant of the same

which was from March 2020 to February 2022 as excluded, a period of more than two years has been

elapsed but none has appeared and filed the statement of claim as directed and expected by the Ministry.

3. In considered opinion of this Tribunal, it is established that either the claimant of this dispute is not

interested to prosecute the claim or the said dispute is no more in existence.

4. It is therefore just & proper to pass an award considering “no dispute” between the parties.

5. The award is passed as above. The award be sent for publication U/s 17(1) of Industrial Disputes Act, 1947.

RADHA MOHAN CHATURVEDI, Presiding Officer (I/c)

नई दिल्ली, 7 िून, 2024

का.आ. 1113.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ृंिाब नेिनल बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;]

ds iapkV (60/2004) izdkf”kr djrh gSA

[la- ,y-12012/111/2004- vkbZ vkj (ch-II)]

सलोनी] उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1113.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.60/2004) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Jaipur

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2399

as shown in the Annexure, in the industrial dispute between the management of Punajab National Bank and their

workmen.

[No. L-12012/111/2004- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

ihBklhu vf/kdkjh

jk/kk eksgu prqosZnh

lh-th-vkbZ-Vh- izdj.k la-& 60@2004

Reference No. L-12012/111/2004-IR (B-II) Dated: 07.10.2004

Jh i`Fohjkt oekZ iq= Jh djrkjk jke oekZ] fuoklh& fot; ¶yksj fey] okMZ uEcj 12] iqjkuh vkcknh] Jh xaxkuxj]

¼jktLFkku½A

-------izkFkhZ

1- {ks=h; izca/kd] iatkc us’kuy cSad] {ks=h; dk;kZy;] ehjk pkSd] tokgj uxj] Jhxaxkuxj ¼jktLFkku½A

--------vizkFkhZ@foi{kh

mifLFkr%&

% Jh oh- ,l- uSu] vfHkHkk"kd izkFkhZA

% Jh izoh.k iqjksfgr] vfHkHkk"kd foi{khA

1- Je ea=ky; Hkkjr ljdkj ubZ fnYyh }kjk fnukad 07-10-2004 dks vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls vkxs

ek= vf/kfu;e dgk tkosxk½ dh /kkjk 10 ¼1½ ¼?k½ o 2A ds vUrxZr iznRr 'kfDr;ks ds vuqlj.k esa fuEukafdr

vkS|ksfxd fookn U;k; fu.kZ;u gsrq bl vf/kdj.k dks lanfHkZr fd;k x;k %&

“Whether the action of the management of Punjab National Bank, Sri Ganganagar in

imposing the punishment of dismissal from service without notice on Shri Prathviraj Verma

vide order dated 26-10-2002 is justified? If not, what relief the workman is entitled to and from

which date?

2- izkFkhZ dh vksj ls fnukad 19-04-2004 dks vaxzsth Hkk"kk esa vius nkos dk vfHkdFku izLrqr fd;k x;kA ftldk

laf{kIr vuqfnr o.kZu bl izdkj gS%&

3- izkFkhZ dh fu;qfDr ihyhcaxk 'kk[kk esa fnukad 19-04-1984 dks ihvksu ds in ij gqbZ FkhA ogkW mlus 19-05-1987

rd dk;Z fd;k rRi'pkr fnukad 20-05-1987 dks mls fyfid ds in ij inksUur djrs gq;s guqekux<+ Vkmu

Hkstk x;kA flrEcj] 1989 esa izkFkhZ dks guqekux<+ Vkmu ls foi{kh cSad dh 'kk[kk ckank esa LFkkukarfjr fd;k

x;kA mDr 'kk[kk esa dksbZ fu;fer izca/kd ugha Fkk vkSj Jh iou dqekj 'kekZ] ys[kkdkj 'kk[kk izca/kd ds :Ik esa

dk;Z dj jgs FksA Jh iou dqekj 'kekZ xaHkhj vfu;ferkvksa esa lafyIr Fks ftudk izkFkhZ }kjk fojks/k fd;k x;kA

blfy, Jh iou dqekj 'kekZ }kjk nqHkkZouk iwoZd izkFkhZ ds fo:} "kM+;a= jprs gq;s fnukad 25-07-2001 dks

fuyfEcr dj fn;k x;kA ;g fuyEcu vukf/kd`r FkkA fnukad 06-12-2001 dks izkFkhZ dks vkjksi i= fn;k x;k tks

fd 'kk[kk izca/kd us gh gLrk{kfjr fd;k] tks bl gsrq l{ke ugha FksA izkFkhZ ds fo:} tks vkjksi yxk;s x;s

mudk o.kZu nkos ds isjk 7 esa fd;k x;k gSA izkFkhZ tkfr ls dqEgkj gS vkSj Jh iou dqekj 'kekZ 'kgj ds

izfrf"Br O;fDr;ksa ls lEidZ esa gksus ds dkj.k izHkko'kkyh FksA 'kk[kk izca/kd us izkFkhZ dks 'kkjhfjd o ekufld

:Ik ls mRihfMr djrs gq;s dqN i=ksa ij gLrk{kj viuh bPNkuqlkj djok fy;sA tkWp vf/kdkjh dh fu;qfDr ds

2400

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

ckn tkWp ds le; mDr Jh iou dqekj 'kekZ ogha mifLFkr jgrs Fks rkfd tkWp dk;Zokgh dks izHkkfor fd;k tk

ldsA tkWp vf/kdkjh us izkFkhZ dks leqfpr cpko dk volj ugha fn;k rFkk izkd`frd U;k; ds fl}kUrksa dk guu

djrs gq;s izkFkhZ ds fo:} vkjksi fl} eku fy;s x;s vkSj fnukad 26-102002 dks izkFkhZ dh lsok lekIr dj nh

xbZA izkFkhZ }kjk izLrqr vihy Hkh fnukad 31-07-2003 dks vLohdkj dj nh xbZA izkFkhZ dks isaU'ku dk ykHk Hkh

ugha fn;k x;k tks foi{kh cSad ds vf/kdkfj;ksa dh nqHkkZouk dk izek.k gSA izkFkhZ ds fo:} fn;k x;k n.Mkns'k

mlds nqjkpj.k dk vuqikfrd ugha gSaA lsok lekfIr ds mijkar izkFkhZ csjkstxkj gSA vr% izkFkhZ ds fo:} dh xbZ

tkWp vkSj ikfjr n.Mkns'k dks vikLr djrs gq;s izkFkhZ dks lsok esa fujarjrk vkSj ikfj.kkfed osru ifjykHkksa lfgr

lsok esa iqu% cgky fd;k tkosA

4- fnukad 11-01-2005 dks foi{kh }kjk vaxzsth Hkk"kk esa izLrqr oknksRrj dk laf{kIr vuqfnr fooj.k bl izdkj gS%

5- foi{kh dk dFku gS fd izkFkhZ dks tks vkjksi i= fnukad 06-12-2001 dks fn;k x;k og xksfoUnjke ls 30]000&@

v{kjs rhl gtkj :- izkIr djus mldh jlhn ns nsus] fdarq dS'kcqd esa vkSj _.k[kkrs tSls cSad ds vfHkys[kksa esa

mudh izfof"B u djus rFkk 5000&@ gtkj :- izhre flag uke ds [kkrsnkj ls izkIr dj cSad esa tek u djus

ls lacaf/kr nqjkpj.k ds fy, FkkA izkFkhZ us mlds fo:} yxk;s x;s vkjksiksa dks Lohdkj fd;kA fdarq fQj Hkh

vuq'kklfud izkf/kdkjh us izkFkhZ ds fo:} foHkkxh; tkWp djus dk vkns'k fn;kA tkWp vf/kdkjh us Hkh izkFkhZ dh

Li"V Lohd`fr ds vk/kkj ij viuk izfrosnu izLrqr fd;k vkSj vuq'kklfud izkf/kdkjh }kjk tkWp vf/kdkjh ds

fu"d"kZ ls lger gksrs gq;s fcuk uksfVl cSad lsok ls inP;qfr dk vkns’k fn;kA vihyh; izkf/kdkjh us Hkh ldkj.k

vkns'k ikfjr djrs gq;s n.Mkns'k dh iqf"V dhA bl izdkj tkWp dk;Zokgh vkSj n.Mkns'k ikfjr djus esa izkd`frd

U;k; ds fl}karksa dk guu ugha gqvkA ;fn tkWp dks nwf"kr ik;k tk;s rks foi{kh cSad dks vkjksi izekf.kr djus ds

fy;s lk{; izLrqr djus dk volj iznku fd;k tkosA izkFkhZ us LosPNk ls vkjksi Lohdkj fd;s gSA rRdkyhu

'kk[kk izca/kd ij yxk;s x;s vfHk;ksx Ik'pkrorhZ fopkj ek= gSA izkFkhZ dk fuyacu {ks=h; vf/kdkjh ds vuqeksnu

ls fd;k x;k gSA okn i= esa of.kZr lHkh dFku xyr gksus ls vLohdkj gSA izkFkhZ us tks nqjkpj.k cSad ds izfr

fd;k og v{e; gSA blfy, mls isaU’ku dk ykHk ugha fn;k tk ldrk vkSj n.Mkns'k U;k;ksfpr vkSj Ik;kZIr gSaA

vr% okn fujLr fd;k tkosA

6- fnukad 02-06-2005 dks esjs iwoZ ihBklhu vf/kdkjh }kjk foHkkxh; tkWp dh 'kq}rk dk ijh{k.k dj mls mfpr ,oa

_tq ik;kA

7- izkFkhZ us rnqijkar izkFkhZ ds fo:} cSad vf/kdkfj;ksa dh nqHkkZouk ,oa oSeuL; dks izekf.kr djus gsrq lk{; izLrqr

djus dk volj ekWxk ftls bl vf/kdj.k }kjk vLohdkj dj fn;k x;kA bl vkns'k ds fo:} izkFkhZ us ekuuh;

jktLFkku mPp U;k;ky; ds le{k flfoy fjV fiVh'ku la- 7791@2005 i`Fohjkt oekZ cuke jhtuy esustj

iatkc us'kuy cSad izLrqr dhA bl ;kfpdk ij ekuuh; jktLFkku mPp U;k;ky; us fnukad 25-01-2006 dks

vkns'k ikfjr djrs gq;s ;g funsZ'k fn;k fd vf/kdj.k ;kph dks nqHkkZouk ,oa vuqfpr Je O;ogkj ds lhfer {ks=

esa lk{; izLrqr djus dk volj nsaA foi{kh cSad dks izkFkhZ dh lk{; dk fo[k.Mu djus dk vf/kdkj gksxkA

8- bl vkns'k ds vuqlj.k esa izkFkhZ us Lo;a i`Fohjkt oekZ dks lk{; esa ijhf{kr fd;k vkSj izys[kh; lk{; ds :Ik esa

izn'kZ&W 1 ls izn'kZ &W 3] rd iznf'kZr fd;sA

9- foi{kh us viuh lk{; esa Jh dkyh izlkn 'kekZ] ofj"B izca/kd dks ijhf{kr fd;k vkSj dksbZ izys[k i`Fkd ls

iznf'kZr ugha fd;kA

10- fnukad 21-03-2024 dks eSaus mHk;i{k ds rdZ] izLrqr dh xbZ lk{; ,oa U;kf;d n`"Vkarksa esa ikfjr fof/k ds lanHkZ esa

lqusA

11- izkFkhZ dh vksj ls ;g rdZ gS fd izkFkhZ ds yEcs dk;Zdky esa mlds fo:} nqjkpj.k dh dksbZ f'kdk;r ugha gqbZA

dk;Zokgd 'kk[kk izca/kd Jh iou dqekj 'kekZ vfu;ferrkvksa esa fyIr FkkA izkFkhZ }kjk mldk fojks/k djus ij og

mlls nqHkkZouk j[kus yxkA izkFkhZ dks Mjk&/kedk dj vkSj ekjihV dj vkjksi i= esa okf.kZr nqjkpj.k dks Lohdkj

dj ysus dk ncko Mkyk x;k vkSj ;g vk'oklu fn;k x;k fd mls cpk fy;k tk;sxkA izkFkhZ ds fuyacu gsrq

'kk[kk izca/kd l{ke gh ugha FkkA foi{kh cSad us mDr iou dqekj 'kekZ dks cSad dh lsok esa jgrs gq;s Hkh fo[kaMu

gsrq lk{; esa ijhf{kr ugha fd;kA izkFkhZ ds fdlh Hkh nqjkpj.k ls cSad dks dksbZ gkfu ugha gqbZA izkFkhZ us lHkh :Ik;s

C;kt lfgr tek djok fn;sA bl fLFkfr esa inP;qfr dk n.M nqjkpj.k dk vuqikrh ugha gSA vr% U;kf;d

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2401

gLr{ksi djrs gq;s n.Mkns'k dks vikLr fd;k tkuk mfpr gksxkA mUgksusa vius rdZ ds leFkZu esa fuEukfdar

fu.kZ; izLrqr fd;s%

1- bykgkckn cSad o vU; cuke d`".k ukjk;.k frokjh 2017 LAB I.C. 892 ¼lqizhe dksVZ½A

2- ,s- ds- lDlsuk cuke LVsV cSad vkWQ ifV;kyk o vU; ¼2016½ 11 SCC 289A

12- foi{kh dh vksj ls ;g fojks/kh rdZ gS fd izkFkhZ ds fo:} dh xbZ foHkkxh; tkWp mfpr ,oa 'kq} ik;h xbZ gSA

izkFkhZ dh lk{; ls cSad vf/kdkjh iou dqekj 'kekZ ds fo:} tks vfHk;ksx yxk;k x;k gS og u rks fo'oluh; gS

u gh izekf.kr gqvk gSA izkFkhZ us izn'kZ&W 1 o izn'kZ&W 2 nkukjke vkSj izhre flag ds 'kiFk i=ksa dh ek= QksVks

izfr;kW izLrqr dh gS tks u rks fo'oluh; gS u gh lk{; esa xzg.k dh tk ldrh gSA bu O;fDr;ksa dks izkFkhZ us

lk{; esa izLrqr Hkh ugha fd;kA izn'kZ&W 3] izkFkhZ Lo;a }kjk rS;kj fd;k x;k dk;Z fooj.k gS tks fd fdlh

izdkj fo'oluh; ugha yxrk D;ksfd lsok ls fudkys tkus ds ckn izkFkhZ ls dksbZ dk;Z cSad esa ugha fy;k x;kA

izn'kZ &W 3 ij fdlh Hkh cSad vf/kdkjh dk izek.khdj.k ugha gSA izkFkhZ us Lohdkj fd;k gS fd 'kiFk i= ds isjk

3 esa of.kZr dk;ksZa ds lanHkZ esa dksbZ nLrkosth lk{; ugha gSA mlds lkFk 'kkjhfjd ekjihV o mRihMu ds laca/k esa

mlus dksbZ izFke lwpuk ughas nhA og Lohdkj djrk gS fd fnukad 05-07-2000 ds ckn og dHkh cSad ugha x;kA

izkFkhZ us ;g Hkh ekuk gS fd ikfjokfjd ifjLFkfr;ksa o ekW ds bZykt ds fy;s mls ,slk dk;Z djuk iMkA bl

fLFkfr esa izkFkhZ ds izfr cSad vf/kdkjh }kjk nqHkkZouk j[kus o vuqfpr Je O;ogkj djus dk rF; izekf.kr ugha

gksrk gSA izkFkhZ dks fn;k x;k n.M fd;s x;s nqjkpj.k dks ns[krs gq;s mfpr o vuqikfrd gS] ftlesa dksbZ gLr{ksi

ugha fd;k tkuk pkfg;sA mUgksusa vius rdZ ds leFkZu esa fuEufyf[kr fu.kZ; izLrqr fd;s%

1- uxj ikfydk ukVkSj cuke ;w- ih- ifCyd lfoZl deh'ku fVªC;wuy y[kum ¼1998½ 2 SCC 400A

2- Lons'k iky ckfy;ku cuke ,;j QkslZ dekafMx bu phQ 2004 ¼4½ SCT 726 ¼lqizhe dksVZ½A

13- mHk;i{k ds rdZ] lk{; ,oa fof/k ij euu ds mijkar bl fookn esa fuEukfdar fopkj.kh; fcUnq mRiUu gq;s gS%

14-

1- D;k 'kk[kk izca/kd iou dqekj 'kekZ }kjk Lo;a ,oa vU; O;fDr;ksa ds lkFk feydj izkFkhZ dks ekufld ,oa

'kkjhfjd :Ik ls mRihfMr dj Lo;a dh bPNkuqlkj izkFkhZ ls mldh gLrfyfi esa dqN i= fy[kok;s x;s rFkk

izkFkhZ dks vkjksi Lohdkj djus gsrq foo'k fd;k x;k ,oa tkWp dk;Zokgh dks vuqfpr :Ik ls izHkkfor fd;k

x;k tks vuqfpr Je O;ogkj gS\

-----------------izkFkhZ

2- D;k izkFkhZ ds fo:} ikfjr n.Mkns'k fl} nqjkpj.k ds izfr vuuqikrh gS ftlesa U;kf;d gLr{ksi fd;k tkuk

visf{kr gS\

-----------------izkFkhZ

3- vuqrks"k%&

15- fopkj.kh; fcUnqvksa ij dzfed fofu'p; bl izdkj gS%

16-

17- bl laca/k esa izkFkhZ us Lo;a dk 'kiFk i= lk{; esa izLrqr dj ;g dgk gS fd 'kk[kk izca/kd Jh iou dqekj 'kekZ

ds vuqfpr dk;Zdykiksa esa lg;ksx u djus ds dkj.k og mlls ukjkt gks x;sA mUgksusa cSad xzkgdksa ls [kkyh

dkxtks ij gLrk{kj djok dj >wBh f'kdk;rsa izkFkhZ ds fo:} dj >wBk fjdkMZ cuk;k rFkk izhre flag o

nkukjke ds uke ls f'kdk;rsa dwVjfpr dhA fnukad 05-07-2001 dks izkFkhZ ds lkFk cSad ds vUnj ekjihV dhA

iou dqekj 'kekZ us ekufld ncko vkSj mRihM+u djrs gq;s tkaWp esa lHkh vkjksiksa dks Lohdkj djus dks dgkA

ncko o Hk; ds dkj.k izkFkhZ us tkWp vf/kdkjh ds le{k vkjksiksa dks Lohdkj fd;kA izkFkhZ us izfrijh{kk esa ;g

dgk gS fd 'kiFk i= ds iSjk 3 esa of.kZr rF;ksa ¼iou dqekj 'kekZ ds dfFkr nqjkpj.k esa lkFk u nsus ls iou

dqekj dk izkFkhZ ls ukjkt gksuk rFkk >wBh f'kdk;ras rS;kj djokuk½ ds laca/k esa dksbZ nLrkost is'k ugha fd;k gS]

2402

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

D;ksfd mls is'k ugha djus fn;k& mlus nkukjke o izhre flag dks tkWp esa is'k ugha fd;k] mlus bl ckr dh

vyx ls f'kdk;r Hkh ugha dhA

18- izkFkhZ us 'kiFk i= ds isjk 4 esa of.kZr rF;ksa ¼izhre flag o nkukjke ds uke ls >wBh f'kdk;rsa rS;kj djokuk]

voS/k dk;ksZ ij inkZ Mkyuk rFkk 05-07-2001 dks izkFkhZ ds lkFk ekjihV djuk½ ds laca/k esa dksbZ izFke lwpuk

¼F.I.R.½ ntZ ugha djok;hA mPpkf/kdkfj;ksa dks Hkh lwfpr ugha fd;k u gh bl laca/k esa nLrkost is'k fd;s gSA

tkWp dk;Zokgh ds nkSjku iou dqekj 'kekZ ds mifLFkr jgus vkSj gLr{ksi djus ds laca/k esa Hkh dksbZ f'kdk;r

ugha dhA

19- bl izdkj ;g Li"V gS fd izkFkhZ us tks dFku vius eq[; ijh{k.k ds 'kiFk i= esa fd;s gSa mudk dksbZ leFkZu

fdlh Hkh izys[k vFkok fdlh O;fDr dh ekSf[kd lk{; ls ugh fd;kA tcfd izkFkhZ ds fo:} dfFkr feF;k

f'kdk;rksa dks fy[kokus dk rF; mu f'kdk;rksa ds lk{; esa izLrqfrdj.k ,oa dfFkr f'kdk;rdrkZvksa dks lk{; esa

ijhf{kr dj] izekf.kr fd;k tk ldrk Fkk] fdarq izkFkhZ us izhre flag o nkukjke uke ds O;fDr;ksa dks Hkh lk{; esa

ijhf{kr ugha fd;k gSA

20- izkFkhZ dh ;g Lohd`fr fd mlus fnukad 05-07-2001 dks iou dqekj 'kekZ }kjk cSad dh 'kk[kk esa] dk;Z&le; esa

dh xbZ ekjihV ds vijk/k dh dksbZ izFke lwpuk izLrqr ugha dh] izkFkhZ ds vfHk;ksx dks vLokHkkfod ,oa lafnX/k

cukrh gSA 'kkjhfjd mRihMu ,oa ekjihV tks laLohd`fr djokus ds mn~s'; ls dh xbZ gks] fu'fpr :Ik ls ,d

xaHkhj ,oa laKs; vijk/k gSA ,sls vijk/k dh lwpuk u rks iqfyl dks vkSj u gh cSad ds mPpkf/kdkfj;ksa dks nsuk

izkFkhZ ds dFku dks feF;k izekf.kr djrk gSA

21- bl rF;kRed ifjn'; esa izkFkhZ ij fdlh izdkj ds ncko ;k mRihMu dk iz;ksx dj iou dqekj 'kekZ }kjk

vkjksiksa ds izfr laLohd`fr djokuk fo'oluh; ugha yxrk gSA

22- vc esa izkFkhZ }kjk dh xbZ laLohd`fr ds i=ksa dk mYys[k djuk Hkh lqlaxr ekurk gwWA ;gkW ;g Hkh mYys[kuh; gS

fd izkFkhZ ds fo:} yxk;s x;s vkjksiksa dk feF;k f'kdk;rksa ij vk/kkfjr gksuk Hkh izekf.kr ugha ik;k x;k gSA

blfy, izkFkhZ iou dqekj 'kekZ }kjk ;g vk'oklu fn;k tkuk fd og mls vkjksi Lohdkj dj ysus ij n.M ls

cpk ysxk] Lor% gh vk/kkjghu gks tkrk gSA

23- fnukad 21-12-2001 dks izkFkhZ }kjk dh xbZ laLohd`fr esa izkFkhZ us mldh ekrkth ds T;knk chekj gksus o ckn esa

mudk LoxZokl gks tkus ds dkj.k tekdrkZvksa dh jkf'k dk iz;ksx dj fy;k tkuk rFkk ckn esa C;kt lfgr

jkf'k tek djok nsuk Lohdkj fd;k gSA ;fn izkFkhZ us cSad ds tekdrkZvksa dh jkf'k dk O;;u futh mn~s';ksa ls

ugha fd;k gksrk rks bl jkf'k dks C;kt lfgr tek djokus dh fLFkfr mRiUu gh ugha gksrhA izkFkhZ us fnukad

25-03-2002 dks tkWp vf/kdkjh dks izsf"kr i= esa vkjksiksa dh laLohd`fr djrs gq;s foHkkxh; tkWp dh vko';drk

gh u gksus dk dFku fd;k gSA fnukad 25-05-2002 dks izkFkhZ us vuq'kklfud izkf/kdkjh dks lacksf/kr i= esa Hkh

viuh laLohd`fr dks iqujko`r fd;k gSA fdarq ;g laLohd`fr iou dqekj 'kekZ ds ncko ;k mls cpk ysus ds

feF;k vk'oklu ds izHkko esa djuk izkFkhZ us ugha dgk gSA blfy, izkFkhZ }kjk vihy ds Kkiu ek= esa] fnukad

26-10-2002 dks n.Mkfn"V fd;s tkus ds mijkar iou dqekj 'kekZ }kjk mRihM+u o ncko Mkyus dk dFku djuk

izkFkhZ }kjk viuh izfrj{kk esa lqfopkfjr ,oa fufeZr ,d ~i'pkrorhZ fopkj ek= yxrk gS] tks fdlh izdkj

fo'oluh; u gksus ls xzg.k ugha fd;k tk ldrkA izkFkhZ ds fo:} dh xbZ tkWp bl vf/kdj.k }kjk oS/k ,oa

mfpr ik;h xbZ gSA bl foospu ds mijkar izkFkhZ ij rRdkyhu 'kk[kk izca/kd }kjk nqHkkZouk&tfur 'kkjhfjd ,oa

ekufld mRihMu djuk ;k vuqfpr Je O;ogkj djuk izkFkhZ ds lk{; ls izekf.kr ugha gqvk gSA foi{kh ds lk{kh

dkyh izlkn us vius eq[; ijh{k.k esa tks dFku fd;s gS os izfrijh{kk esa [kf.Mr ugha gks ik;s gSA bl fu"d"kZ ds

mijkar ;g fcUnq izkFkhZ ds fo:} fu.khZr fd;k tkrk gSA

24-

25- fcUnq la- 1 ds fofu'p; ds vUrxZr izkFkhZ }kjk yxk;s x;s vfHk;ksx izekf.kr ugha gq;s gSA izkFkhZ }kjk dh xbZ

vkjksiksa dh laLohd`fr LoSfPNd o fdlh ncko ;k mRihMu ds izHkko fcuk dh xbZ gSA bu vkjksiksa ds vUrxZr

izkFkhZ ij foi{kh cSad ds 2 [kkrsnkjksa ls dqy 35]000@& ¼v{kjs isarhl gtkj½ :- izkIr djus ds i'pkr muds

[kkrksa esa tek u djrs gq;s bl jkf'k dk nqfoZfu;kstu djuk izekf.kr gqvk gSA vfHkHkk"kd izkFkhZ dk ;g rdZ gS fd

;g jkf'k izkFkhZ }kjk C;kt lfgr okfil pqdk fn;s tkus ls cSad dks dksbZ {kfr ugha igqph gSA izkFkhZ ls lsok

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2403

lekfIr ds mijkar Hkh foi{kh cSad dh 'kk[kk esa dk;Z fy;k x;k gS tks izkFkhZ dh dk;Z dq'kyrk ,oa fu"Bk dk

izek.k gSA izkFkhZ ds yEcs dk;Zdky ds nkSjku dksbZ f'kdk;r ugha gqbZ] u gh n.M fn;k x;kA blfy, izkFkhZ dks

lsok ls c[kkZLrxh dk n.M fl} fd;s x;s nqjkpj.k dk vuqikfrd ugha gSA vr% vf/kdj.k }kjk] n.Mkns'k dks

vikLr fd;k tkosA mUgksaus vius rdZ ds leFkZu esa loksZPp U;k;ky; }kjk ikfjr fu.kZ; bykgkckn cSad o vU;

cuke d`".k ukjk;.k frokjh dk voyEc fy;k gSA bl fu.kZ; esa ekuuh; mPpre U;k;ky; us ;g dgk gS fd

tc izkd`frd U;k; ds fl}karks dk guu gqvk gks rks lsok ls o[kkZLrxh dk n.M vikLr djrs gq;s lsok fuo`fRr

ykHk ,oa lsok esa fujarjrk lfgr 50 izfr'kr foxr osru fnyk;k tkuk U;k;ksfpr gSA

26- loksZPp U;k;ky; }kjk gh fu.kZ; ,s- ds- lDlsuk cuke LVsV cSad vkWQ ifV;kyk o vU; esa ikfjr fof/k dk

mYys[k djrs gq;s izkFkhZ ds vfHkHkk"kd dk vkxzg gS fd xzkgd ds [kkrs ls NyiwoZd 80000@& :- dk vkgj.k

izekf.kr gksus ij Hkh lsok lekfIr ds LFkku ij izkFkhZ dh lsok fuo`fRr dh vk;q dks n`f"Vxr j[k mls lsok fuo`Rr

ekus tkus ,oa rRlaca/kh ifjykHk iznku djus dk vkns'k fn;k x;k gSA

27- eSaus bu fu.kZ;ksa esa ikfjr fof/k ij fopkj fd;kA bu fu.kZ;ksa esa ikfjr vf/ker gLrxr fookn ds rF;ksa ls lqfHkUu

rF;ksa ds vk/kkj ij ikfjr fd;k x;k gSA bl fookn esa izkFkhZ ds fo:} dh xbZ tkWp esa izkd`frd U;k; ds

fl}karksa dk guu gksuk ugha ik;k x;k rFkk tkWp izfdz;k 'kq} ,oa mfpr ik;h xbZ gSA izkFkhZ ds lkFk vU; dksbZ

lg vkjksfir deZpkjh Hkh ugha gS ftlds izfr leku nqjkpj.k ds fy, mnkjrk cjrh xbZ gksA blfy, rF;kRed

fHkUurk ds dkj.k bu fu.kZ;ksa esa ikfjr fof/k izkFkhZ ds i{k esa lgk;d ugha gSA

28- blds foijhr foi{kh dk ;g rdZ gS fd izkFkhZ }kjk C;kt lfgr /kujkf'k okfil tek djok nsus rFkk cSad dks

vkfFkZd {kfr u gksus ds dkj.k izkFkhZ dk nqjkpj.k {kE; ugha gks tkrk gSA izkFkhZ us cSad ds fo'okl dk guu djrs

gq;s izfr"Bk dks Bsl yxkbZ gSA izkFkhZ us vkjksiksa dks Lohdkj Hkh fd;k gSA izkFkhZ ls lsok lekfIr ds ckn cSad esa

dksbZ dk;Z ugha djok;k x;kA izkFkhZ }kjk izLrqr fooj.k izn'kZ&W 3 Lo;a izkFkhZ }kjk fufeZr gSA ftl ij foi{kh

}kjk dksbZ izek.khdj.k ;k lR;kiu ugha fd;k x;k gSA mUgksaus ekuuh; mPpre U;k;ky; }kjk ikfjr fu.kZ;ksa

uxj ikfydk ukVkSj cuke ;w- ih- ifCyd lfoZl deh'ku fVªC;wuy y[kum rFkk Lons'k iky ckfy;ku cuke ,;j

QkslZ dekafMx bu phQ esa ikfjr fof/k dk voyEc ysrs gq;s fuosnu fd;k fd izkFkhZ ds fo:} ikfjr n.Mkns'k esa

gLr{ksi ugha fd;k tkuk pkfg;sA

29- bu fu.kZ;ksa esa ekuuh; mPpre U;k;ky; us ;g ekxZn'kZu fn;k gS fd tc vkjksfir }kjk nqjkpj.k dh laLohd`fr

dh xbZ gks rks lg vfHk;qDr ;k fdlh lk{kh fo'ks"k dks izLrqr u fd;s tkus ls vkjksfir dh izfrj{kk fo{kqC/k ugha

gksrhA tkWp izfdz;k izkd`frd U;k; ds fl}karks ds vuq:Ik gks rFkk tkWp ls vkjksi izekf.kr Hkh gks rks lsokeqfDr

dk n.M mfpr gSA

30- eSaus mHk;i{kksa ds rdksZ ij /;kuiwoZd euu fd;kA bl fookn esa izkFkhZ ds fo:} izekf.kr rF;ksa ds vuqlkj izkFkhZ

us foi{kh cSad ds [kkrsnkjksa ls dqy 35]000@& ¼v{kjs isarhl gtkj½ :- izkIr djus ds ckn muds lacaf/kr [kkrksa

esa tek u djrs gq;s ml jkf'k dk futh mn~s';ksa ls nqfoZfu;kstu fd;k rFkk vkjksi Lohdkj fd;kA esjs vfHker ls

;g egRoiw.kZ ugha gS fd Ik'pkrorhZ ?kVukdze esa izkFkhZ us ;g /kujkf'k C;kt lfgr tek djok nh gks rFkk cSad

dks dksbZ vkfFkZd {kfr ugha gqbZ gksA ,d cSad deZpkjh ls mPp Lrj dh bZekunkjh] drZO;fu"Bk ,oa lko/kkuh dh

vis{kk dh tkrh gSA /kujkf'k okfil dj nsus ij Hkh nqjkpj.k dk 'keu ugha gksrkA U;k;ky; }kjk n.Mkns'k esa

gLr{ksi djrs le; u dsoy /kujkf'k oju~ euksn'kk] drZO; dk Lo:Ik rFkk vU; lqlaxr ifjfLFkfr;k ftuesa cSad

,oa [kkrsnkj ds e/; ikjLifjd fo'okl dk laca/k Hkh lefyr gS] ij fopkj fd;k tkuk visf{kr gksrk gSA tgkW

fo'okl] lR;fu"Bk ,oa drZO;ijk;.kf;rk ,d varfuZfgr vis{kk gks rks nqjkpj.k dks dBksjrk ls fy;k tkuk

pkfg;sA fn;k x;k n.M ;fn fujk/kkj] euekuk ,oa nqHkkZoukiw.kZ gks ftlls U;k;ky; dh U;kf;d vUrkZRek

m}sfyr gks rHkh mlesa gLr{ksi fd;k tkuk pkfg;sA vf/kfu;e dh /kkjk 11 ¼d½ ds vUrxZr U;kf;d 'kfDr

vlhfer ,oa vfu;af=r ugha gSA tc tkWap mfpr ik;h xbZ gks vkSj nqjkpj.k fl} gks x;k gks rks n.M dk

fu/kkZj.k vuq'kklfud izkf/kdkjh ds ln~foosd ij gh NksM fn;k tkuk pkfg;sA izkFkhZ }kjk fd;s x;s nqjkpj.k ls

;|fi cSad dks dksbZ vkfFkZd {kfr ugha gqbZ] fdarq izkFkhZ us mlds fu;kstd cSad }kjk izkFkhZ es U;Lr fo'okl dks

vifjfer gkfu igqWapk;h gSA O;olkf;d leO;ogkj esa fo'okl dk Hkax gksuk izkFkhZ ij vkjksfir n.M dks ;qfDr

laxr ,oa U;k;ksfpr Bgjkrk gSA blfy;s bl vf/kdj.k ds lqfopkfjr vf/ker ls izkFkhZ ds fo:} ikfjr inP;qfr

dk n.Mkns'k mlds fo:} fl} gq;s nqjkpj.k dk vuqikfrd gS ,oa gLr{ksi ;ksX; ugha gSA vr% ;g fcUnq izkFkhZ ds

fo:} fu.khZr fd;k tkrk gSA

2404

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

31-

32- fopkj.kh; fcUnq la- 1 o 2 izkFkhZ ds fo:} fu.khZr gksus ij foi{kh cSad }kjk izkFkhZ ds fo:} ikfjr fcuk uksfVl

lsok ls c[kkZLrxh dk n.M U;k;ksfpr izekf.kr gksrk gS] ftlesa dksbZ gLr{ksi visf{kr ugha gSA

33- Je ea=ky; Hkkjr ljdkj }kjk lanfHkZr fookn dks blh izdkj U;k; fu.khZr fd;k tkrk gSA

34- vf/kfu.kZ; dh izfrfyfi leqfpr ljdkj dks vf/kfu;e] dh /kkjk 17 ¼1½ ds varxZr izdk'kukFkZ izsf"kr dh tkosaA

jk/kk eksgu prqosZnh] ihBklhu vf/kdkjh

नई दिल्ली, 7 िून, 2024

का.आ. 1114.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;]

ds iapkV (128/2005) izdkf”kr djrh gSA

[l- ,y-12012/100/2005- vkbZ vkj (ch-I]

सलोनी, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1114.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.128/2005) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Jaipur

as shown in the Annexure, in the industrial dispute between the management of State Bank of India and their

workmen.

[No. L-12012/100/2005- IR(B-I)]

SALONI, Dy. Director

ihBklhu vf/kdkjh

jk/kk eksgu prqosZnh

Reference No. L-12012/100/2005-IR (B-I) Dated: 22.11.2005

Jh HkS: yky lkyoh iq= Jh ghjk yky lkyoh] fuoklh& 17] ukjk;.k fuokl] E;wfufliy ikdZ ds ikl] /kksyh ckoMh]

mn;iqj ¼jkt-½A

-------izkFkhZ

1- lgk;d egkizca/kd] LVsV cSad vkWQ bf.M;k] mn;iqj jhtu] U;w Qrsgiqjk] mn;iqjA

2- phQ eSustj] LVsV cSad vkWQ bf.M;k] 'kk[kk 'kkL=h lfdZy] mn;iqjA

--------vizkFkhZx.k@foi{kh

mifLFkr%&

% Jh vkj- lh- tSu] vfHkHkk"kd izkFkhZA

% Jh mn; 'kekZ] vfHkHkk"kd ¼Jh vkj- ds- tSu] vfHkHkk"kd dh vksj ls½ foi{khx.kA

1- Je ea=ky; Hkkjr ljdkj ubZ fnYyh }kjk fnukad 22-11-2005 dks vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls

vkxs ek= vf/kfu;e dgk tkosxk½ dh /kkjk 10 ¼1½ ¼Mh½ o 2A ds vUrxZr iznRr 'kfDr;ksa ds vuqlj.k esa

fuEukafdr vkS|ksfxd fookn U;k;fu.kZ;u gsrq bl vf/kdj.k dks lanfHkZr fd;k x;k %&

CGIT-128/05

“Whether the action of the management of S.B.I. Shastri Circle Udaipur, in terminating the

services of Shri Bheru Lal Salvi, w.e.f. 25/04/2001 and not paying the equal wages for the equal work is

justified? If not, what relief the workman is entitled to? ’’

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2405

2- fnukad 17-05-2019 dks bl vf/kdj.k }kjk vkns'k ikfjr djrs gq;s S.B.B.J. ¼LVSV cSad vkWQ chdkusj ,.M

t;iqj½ dk foy; S.B.I. ¼LVSV cSad vkWQ bf.M;k½ esa gks tkus ij S.B.B.J. ds LFkku ij S.B.I. ¼LVSV cSad vkWQ

bf.M;k½ dks izR;kLFkkfir djrs gq;s la'kksf/kr 'kh"kZd izLrqr djus dk vkns'k fn;k x;kA vkns'k ds vuqikyu esa

izkFkhZ }kjk la'kksf/kr okn 'kh"kZd izLrqr dj fn;k x;kA

3- izkFkhZ us fnukad 17-01-2006 dks nkos dk vfHkdFku izLrqr fd;kA ftlds laf{kIr dFku bl izdkj gaS%&

4- izkFkhZ dh izFke fu;qfDr 09-07-1994 dks pkSdhnkj de fi;ksu ds in ij foi{kh la- 2 ds v/khu gqbZA izkFkhZ us

fnukad 25-04-2001 rd fujarj dk;Z fd;k rFkk lsokeqDr fd;s tkus dh frfFk ls ,d o"kZ iwoZ dh vof/k esa 240

fnu ls vf/kd dk;Z fd;kA izkFkhZ }kjk fd;s tkus okyk dk;Z LFkkbZ izd`fr dk FkkA lsokeqDr fd;s tkus ds iwoZ

izkFkhZ dks u rks dksbZ uksfVl fn;k x;k u gh uksfVl osru dk Hkqxrku fd;k x;kA vf/kfu;e dh /kkjk 25 ¼F½ ds

vUrxZr NaVuh izfrdj Hkh ugha fn;k x;kA izkFkhZ ls dfu"B Jfedkas dks lsokeqDr ugha fd;k x;k vkSj lsokeqfDr

ds ckn u;s Jfedksa dks Hkh fu;qDr fd;k x;kA izkFkhZ dh lsok lekfIr vf/kfu;e dh /kkjk 25 ¼F½] ¼G½] ¼H½ dk

mYya?ku gSA vr% izkFkhZ dks lsok esa fujarjrk ,oa leLr vkfFkZd ifjykHkksa lfgr lsok esa fy;k tkosA

5- fnukad 12-04-2006 dks foi{khx.k us oknksRrj esa ;g dgk fd izkFkhZ dk nkok pyus ;ksX; ugh gSA foi{kh cSad us

izkFkhZ dh dHkh fdlh izdkj dh fu;qfDr ugha dh vkSj u gh lsokeqDr fd;kA mHk;i{k ds chp fu;kstd vkSj

Jfed ds laca/k ugha gSaA foi{khx.k us vf/kfu;e ds fdlh izko/kku dk mYya?ku ugha fd;kA izkFkhZ us dsoy

vuqca/k ds vuqlkj fu'fpr dk;Z fd;k gSA vf/kfu;e ds izko/kku izkFkhZ dks dksbZ vuqrks"k fnyk;s tkus esa lgk;d

ugha gSA foi{kh cSad dh fu;qfDr gsrq fu/kkZfjr izfdz;k gSA foi{kh us viuh cSad 'kk[kk esa tujsVj yxokus gsrq

jkts'k fjis;fjax oDlZ ls tujsVj fdjk;s ij ysdj 'kk[kk esa yxok;k FkkA izkFkhZ vuqca/k ds vk/kkj ij tujsVj dh

ns[kHkky o pykus dk dk;Z djrk FkkA blds vfrfjDr foi{kh cSad dh 'kkL=h uxj] mn;iqj 'kk[kk esa lkbZfdy

LVsa.M dh ns[kHkky ds fy;s izkFkhZ dks lafonk ij j[kk x;k FkkA blds vfrfjDr vkSj dksbZ dk;Z ugha djok;k

x;kA bu dk;ksZ dk Hkqxrku izkFkhZ us fcuk vkifRr fd;s izkIr fd;kA izkFkhZ vU;= jkstxkj esa gS] vkSj viuh

thfodk pyk jgk gSA izkFkhZ dksbZ vuqrks"k ikus dk vf/kdkjh ugha gSA vr% okn fujLr fd;k tkosA

6- izkFkhZ us vius lk{; esa Lo;a izkFkhZ HkS:yky lkyoh dks ijhf{kr fd;kA izys[kh; lk{; esa izn'kZ w.

izys[k

iznf'kZr fd;kA

7- foi{khx.k }kjk vius lk{; esa th- ,y- lkyoh] izca/kd dks ijhf{kr fd;k rFkk izys[kh; lk{; esa izn'kZ M-1 ls

izn'kZ M- 47 rd izys[kksa dks iznf'kZr fd;kA

8- fnukad 26-12-2023 dks mHk;i{k ds rdZ lquus ds nkSjku mHk;i{k dh lgefr ls vkS|ksfxd fookn vf/kdj.k ,oa

Je U;k;ky; tks/kiqj dk vf/kfu.kZ; fnukad 14-09-2004 vf/kdj.k }kjk izn'kZ C-1 ds :Ik esa iznf'kZr fd;k

x;kA

9- fnukad 02-01-2024 dks eSus mHk;i{k ds izfrfuf/k;ksa ds 'ks’k ekSf[kd rdZ lqus rFkk lk{; dk ifj'khyu fd;kA

10- izkFkhZ dh vkSj ls vius rdksZ ds leFkZu esa fuEufyf[kr U;k;kf;d n`"Vkar izLrqr fd;s x;s%&

¼1½

LVSV cSad vkWQ bf.M;k cuke iwtk o vU; 2022 ¼173½ FLR 209 ¼fgekpy izns'k mPp U;k;ky;½A

¼2½

LVSV vkWQ jktLFkku cuke gjh’k pUnz 'kekZ o vU; 2006 ¼4½ RLW 3028 ¼jkt- mPp U;k;ky;½A

¼3½

lk/kwjke cuke nsgyh VªkWUliksVZ dksiZjs'ku 1983 ¼47½ FLR 326 ¼lqizhe dksVZ½A

¼4½

,sXT;qD;wfVo bathfu;j CPWD bankSj cuke e/kqdj iq:"kksRre dksyckjdj 2000 ¼87½ FLR 727

¼lqizhe dksVZ½A

¼5½

xkSjh'kadj cuke LVSV vkWQ jktLFkku ¼2016½ 1 SCC (L&S) 546-

¼6½

f'kouanu 'kekZ cuke iatkc uS'kuy cSad fy- 1955 ¼I½ LLJ 688 ¼lqizhe dksVZ½

¼7½

/kjax/kjk dSehdYl oDlZ fy- cuke LVSV vkWQ lkSjk"V ¼1957½ LLJ 477 ¼lqizhe dksVZ½A

¼8½

vt;iky flag cuke gfj;k.kk os;j gkWmflax dksiZjs’ku 2015 ¼145½ FLR 425 ¼lqizhe dksVZ½A

2406

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

¼9½

LVSV vkWQ jktLFkku cuke Jh egsUnz tks'kh 2003 ¼1½ WLC (47) ¼jktLFkku½A

¼10½

eSustj eS- feRry LVhy esU;q- da- cuke pkSFkkjke o vU; 2005 ¼3½ WLC 430 ¼jktLFkku½A

¼11½

Mk;jsDVj fQ'kjht VehZuy fMohtu cuke Hkhdw HkkbZ es?kkth HkkbZ pkoMk 2010 ¼1½ LLN 48 ¼lqizhe

dksVZ½A

¼12½

eSustj eqfLye eqlkfQj [kkuk eksrh Mawxjh t;iqj cuke tghj [kku 2016 ¼151½ FLR 995

¼jktLFkku½A

¼13½

jkeizlkn ekyh cuke jhtuy vkWQhlj ,- ,l- vkbZ- lokbZek/kksiqj 2017 ¼2) WLC ¼jktLFkku½ UC

637A

¼14½

jktLFkku ,xzhdYpjy ;wfuoflZVh cuke bf.MLVªh;y fVªC;wuy ,oa ysoj dksVZ 2010 ¼124½ FLR 285

¼jktLFkku½A

¼15½

fMLVªfjDV vksfi;e vkWQhlj] ukjdksfVDl fMikVZesUV cuke lqjs'k dqekj thuxj 2023 ¼177½ FLR 802

¼jktLFkku½A

¼16½

Mkyfe;k nknjh lhesUV fy0 cuke vorkj ukjk;.k xqtjky 1962 FLR 219 ¼lqizhe dksVZ½A

¼17½

S.D.O. y{e.kx< cuke gfjvkse 'kekZ flfoy vihy ua- 1298@2023 ¼lqizhe dksVZ½ vkns'k frfFk 20-

02-2023A

11- foi{khx.k dh vksj ls vius rdksZ ds leFkZu esa fuEukfdar U;k;kf;d n`"Vkar izLrqr fd;s x;s%&

¼1½

lsdzsVjh LVSV vkWQ dukZVd cuke mek nsoh AIR 2006 ¼lqizhe dksVZ½ 1806A

¼2½

foHkwfr 'kadj ik.Ms; cuke LVSV vkWQ e/; izns'k AIR 2023 ¼lqizhe dksVZ½ 832A

¼3½

BHEL cuke vfuy o vU; JT 2006 ¼10½ ¼lqizhe dksVZ½ 297A

¼4½

jkexksiky lSuh cuke n tt yscj dksVZ ua- 2 t;iqj 2001 ¼1½ WLC ¼jktLFkku½ 592A

12- eSus mHk; i{k ds rdksZ miyC/k lk{; ,oa U;k;f;d n`"Vkarks esa ikfjr fof/k ij /;ku iwoZd fopkj fd;k bl

fookn esa fuEukfdar fopkj.kh; fcUnq U;k; fu.kZ;u gsrq mRiUu gq;s gSA ftu ij foosfpr fu.kZ; ikfjr fd;k tk

jgk gSA

1- D;k izkFkhZ dks pkSdhnkj de ih;ksu ds in ij 09-07-1994 dks foi{kh ds v/khu fu;qfDr nh xbZ rFkk

25-04-2001 dks lsok lekfIr ds iwoZorhZ ,d dsys.Mj o"kZ esa izkFkhZ us 240 fnu ls vf/kd dk;Z fd;k\

------------izkFkhZ

2- D;k izkFkhZ dh lsok lekfIr dh frfFk ij foi{kh us izkFkhZ ls dfu"Brj Jfedksa dks lsok esa cuk;s j[kk ,oa u;s

Jfedksa dks fu;ksftr fd;k\

------------izkFkhZ

3- D;k izkFkhZ dh lsok lekfIr ds iwoZ foi{khx.k us izkFkhZ dks ,d ekg dk iwoZ uksfVl ;k uksfVl osru rFkk

NaVuh izfrdj dk Hkqxrku ugha fd;k bl fy;s izkFkhZ dh NaVuh voS/k gS\

------------izkFkhZ

4- D;k dsUnz ljdkj }kjk lanfHkZr ;g fookn fof/k ds vUrxZr pyus ;ksX; ugha gSa\

------------foi{kh

5- vuqrks"k D;k gks\

13- mi;qZDr fopkj.kh; fcUnqvks ij fofu'p; ikfjr djus ls iwoZ ;g mYys[k fd;k tkuk vko';d gS fd dsUnz

ljdkj }kjk lanfHkZr fookn esa foi{kh cSad }kjk izkFkhZ dks leku dk;Z gsrq leku osru u fn;s tkus laca/kh iz'u

Hkh lsok lekiu ds lkFk lekfo"V gSaA fdarq izkFkhZ us u rks vius vfHkopuksa esa vkSj u gh vius lk{; esa leku

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2407

dk;Z dk lerqY; osru u fn;s tkus dk rF; of.kZr fd;k gSA ,slk izrhr gksrk gS fd izn'kZ C- 1 vf/kfu.kZ;

fnukad 14-09-2004 ¼vkS|ksfxd fookn vf/kdj.k tks/kiqj }kjk ikfjr½ ftlesa fu;fer prqFkZ JS.kh deZpkjh ds

leku osru o vU; lqfo/kk;s u fn;s tkus dk fcUnq fopkj.kh; Fkk] ds laca/k esa mHk;i{k ds e/; le>kSrk gksus ds

dkj.k dksbZ fookn 'ks"k u jgus ds vk/kkj ij vf/kfu.kZ; ikfjr gks tkus ij] laHkor% blh dkj.k izkFkhZ us bl

laca/k esa nkos ds vfHkdFku esa u rks vfHkopu esa vkSj u gh 'kiFk i= esa dksbZ dFku fd;kA ekuuh; mPpre

U;k;ky; ds fu.kZ; Mkyfe;k nknjh lhesUV fy0 cuke vorkj ukjk;.k xqtjky rFkk S.D.O. y{e.kx< cuke

gfjvkse 'kekZ esa izfrikfnr fof/k ds vUrxZr izn'kZ C- 1 vf/kfu.kZ; pwfda mHk;i{k ds e/; xq.kkxq.k ds vk/kkj ij

ikfjr ugha gqvk gSa] bl vf/kfu.kZ; dks mHk;i{k ds lanHkZ esa ÞiwoZ fu.kZ;ß ds :Ik esa xzg.k ugha fd;k tk ldrkA

mHk;i{k ds rdksZ] lk{; o fu.kZ;t fof/k ij fopkj ds mijkar fopkj.kh; fcanqvksa ij fofu’p; fuEukuqlkj ikfjr

fd;k tk jgk gSA

14-

15- izkFkhZ HkS: yky lkyoh us vius lk{; ds 'kiFk i= esa ;g dgk gS fd 09-07-1994 dks mldh izFke fu;qfDr

foi{kh cSad esa gqbZ Fkh rHkh ls og cSad esa dk;Zjr gSA bldh iqf"V foi{kh ds 'kk[kk izca/kd ds i= fnukad 06-04-

2000 izn'kZ W- 1 ls gksrh gSA foi{kh lk{kh th- ,y- lkyoh us vius izfrijh{k.k esa ;g Lohdkj fd;k gS fd

izn'kZ W- 1 mudh cSad dh 'kk[kk dk i= gS rFkk bl i= esa izkFkhZ dks Bsds ij dk;Z nsus dk mYys[k ugha gSA

bl Lohd`r fLFkfr esa foi{kh cSad ds 'kk[kk izca/kd }kjk fy[ks x;s i= fnukad 06-04-2000 ¼ izn'kZ W- 1½ dks

fdlh fu"d"kZ ij vkus ds mn~s'; ls vk/kkj cuk;k tkuk U;k;ksfpr gSA bl i= esa foi{kh us ;g Lohdkj fd;k gS

fd ÞJh HkS: yky lkyoh foxr 6&7 o"kksZa ls lkbZfdy LVS.M ij pkSdhnkj ds :Ik esa nSfud etnwjh :- 15@&

ds vk/kkj ij dk;Zjr gS pkSdhnkj ds :Ik esa budk dk;Z iw.kZ larks"kizn jgk gSaÞ mi;qDrZ rF;kRed LohdkjksfDr esa

foi{kh }kjk izLrqr bl rF; dk dksbZ mYys[k ugha gSa fd izkFkhZ dks eS- jkts'k fjis;fjx oDlZ ls vuqca/k ds vk/kkj

ij tujsVj lsV ds j[kj[kko ,oa lapkyu dk dk;Z djus gsrq 500@& :- ekfld Hkqxrku fd;k tkrk gks rFkk

blds vfrfjDr cSad dh 'kkL=h uxj] mn;iqj 'kk[kk esa fdjk;s ij fy;s x;s lkbZfdy LVS.M dh ns[kHkky ds

fy;s izkFkhZ dks lger jkf'k ij j[kk x;k gksA oju bl i= esa ;g dgk x;k gS fd izkFkhZ dks 15@& :- nSfud

etnwjh ij pkSdhnkj ds :Ik esa j[kk x;k Fkk vkSj foxr 6&7 o"kksZ ls vFkkZr vizsy] 1994 ls izkFkhZ dk dk;Z iw.kZ

larks"kizn gh jgk gSA izn'kZ C- 1 i= esa ;g mYys[k Hkh ugha gS fd izkFkhZ dks vko';drk ds vuq:Ik le;&

le; ij dk;Z djus ds fy;s cqyk;k tkrk jgk gksA

16- bl LohdkjksfDr ds izdk'k esa izn'kZ M- 2 ls izn'kZ M- 46 rd izkFkhZ dks fd;s x;s Hkqxrku laca/kh izkFkZuk i=

,oa okmplZ dk ifj'khyu ;g n'kkZrk gS fd izkFkhZ dks ;}fi 15@& :- nSfud etnwjh ij lkbZfdy LVS.M dh

pkSdhnkjh ds fy;s j[kk x;k Fkk fdarq mls Hkqxrku djus ds le; mlls ,d izkFkZuk i= fy[kok;k tkrk Fkk

ftlesa mls dk;Z dks Bsds ij fy;s tkus dk rF; fy[kok;k tkrk Fkk tcfd Hkqxrku okmplZ esa fuEukuqlkj Li"V

vadu fd;k tkrk jgkA

17- “Charges a/c (misc.) to the account of vehicle stand watchman labour charges to Bheru Lal” Hkqxrku

okmplZ esa “Labour Charges” 'kCnkoyh dk iz;ksx bl rF; dk izek.k gS fd HkS:yky dks fd;k x;k Hkqxrku

fdlh vuqca/k ;k lafonk ds LFkku ij u gksdj Jfed }kjk fd;s x;s dk;Z ds izfrdj Lo:Ik etnwjh ds Hkqxrku

gsrq fd;k x;k FkkA bl rF; dh iqf"V izn'kZ W- 1 foi{kh ds i= fnukad 06-04-2000 ls Hkh gksrh gSA foi{kh ds

lk{kh th- ,y- lkyoh us ;g Lohdkj fd;k gS fd izkFkhZ dks lkbZfdy LVS.M Bsds ij nsus ds laca/k esa dksbZ

fyf[kr nLrkost is'k ugha fd;k gSA izkFkhZ ,oa cSad ds chp lkbZfdy LVS.M dh fuxjkuh gsrq dksbZ Contract

fu"ikfnr ugh gqvk FkkA lk{kh ;g Hkh dgrk gS fd izkFkhZ ls Vsyhxzke Hkh fHktokrs Fks rFkk vko';drk gksus ij

vU; dk;Z Hkh fy;k tkrk Fkk ftlesa Mkd nsuk] lkekuksa dh ejEer djokuk fjdkMZ :e esa okmplZ tekuk vkfn

'kkfey gS bl izdkj ;g Li"V gS fd izkFkhZ dks lkbZfdy LVS.M ij pkSdhnkjh dk dk;Z Bsds ij ugha fn;k x;k

oju izkFkhZ dks cSad ds fofHkUu dk;ksZ ds laiknu gsrq 15@& :- nSfud osru ij o"kZ vizsy] 1994 ls gh j[kk x;k

FkkA rFkk izkFkhZ ls 25-04-2001 rd blh izdkj yxkrkj dk;Z fy;k tkrk jgkA bl fu"d"kZ dh iqf"V izn'kZ W- 1

i= rFkk izn'kZ M- 2 ls izn'kZ M- 46 Hkqxrku laca/kh izys[kksa ls gksrh gSA

18- Ekkuuh; loksZPp U;k;ky; us vius fu.kZ; f'kouanu 'kekZ cuke iatkc uS'kuy cSad fy- esa ;g ekxZn'kZu fn;k gS

fd tc cSad us Vsªtjj dks fdlh lafonk ds v/khu fu;qDr fd;k gks rFkk ,sls Vsªtjj }kjk dk;Z laiknu gsrq

2408

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

vuqca/k ds vUrxrZ vU; lgk;d dfeZ;ksa dks fu;qDr fd;k gks rks ,sls fu;qDr fd;s x;s dehZ pwfda cSad ds dk;Z

laiknu gsrq fu;qDr fd;s x;s gS] cSad ds gh deZpkjh ekus tk;sxsaA

19- Ekkuuh; loksZPp U;k;ky; }kjk fu.kZ; /kjax/kjk dSehdYl oDlZ fy- cuke LVSV vkWQ lkSjk"V esa vf/kfu;e dh

/kkjk 2 ds vUrxrZ ÞdeZdkjß dh ifjHkk"kk ij izdk'k Mkyrs gq;s ;g dgk x;k gS fd Jfed dks fdlh m|ksx esa

dk;Z djus gsrq fu;ksftr fd;k tkuk mlds deZdkj gksus dh vko';d 'krZ gSA pwfda izkFkhZ dk foi{kh ds v/kkhu

6&7 o"kZ rd yxkrkj nSfud osru Hkksxh ds :Ik esa dk;Zjr gksuk izekf.kr gqvk gSa] Ekkuuh; jktLFkku mPp

U;k;ky; ds fu.kZ;ksa eSustj eqfLye eqlkfQj [kkuk eksrh Mawxjh cuke tghj [kku ,oa jktLFkku ,xzhdYpjy

;wfuoflZVh cuke bf.M;u fVªC;wuy ,oa ysoj dksVZ esa izfrikfnr fof/k ds izdk’k esa vf/kfu;e dh /kkjk 25 B ds

izko/kkuksa dk iz;kstu visf{kr ugha jgk gS rFkk izkFkhZ dks ,d dys.Mj o"kZ esa 240 fnu dh lsok iw.kZ djus dk

rF; i`Fkd ;s izekf.kr djuk vko';d ugha jgk gSA

20- Ekkuuh; jktLFkku mPp U;k;ky; ds fu.kZ; eSustj eS- feRry LVhy esU;q- da- cuke pkSFkkjke] jkeizlkn ekyh

cuke jhtuy vkWQhlj ,- ,l- vkbZ- vkWQ bf.M;k lokbZek/kksiqj rFkk Ekkuuh; loksZPp U;k;ky; ds fu.kZ;

Mk;jsDVj fQ'kjht VehZuy fMohtu cuke Hkhdw HkkbZ eaxth HkkbZ pkoMk esa izfrikfnr vf/kerksa ij dksbZ foospu

fd;k tkuk mi;qDrZ fu"d"kZ ds vk/kkj ij vko';d izrhr ugha gksrk gSA bl foospu ds mijkar ;g fcUnq izkFkhZ

ds i{k esa fu.khZr fd;k tkrk gSA

21-

22- izkFkhZ HkS: yky lkyoh us vius 'kiFk i= ds isjk 7] esa ;g dgk gS fd foi{kh ds v/khu mls lsok eqDr djrs

le; mlls dfu"Brj Jfed ßHkS:ykyÞ dk;Zjr Fkk rFkk isjk la- 8 esa ;g dgk gS fd lsokeqfDr ds Ik'pkr ftu

Jfedksa dks j[kk x;k muds uke js[kk dY;k.k] lqxuh nsoh] 'kadj yky ,oa eghiky gSA fdarq izkFkhZ izfrijh{kk esa

;g dgrk gS fd mlus 'kiFk i= ds isjk la- 7] ftl HkS:yky dk uke mYys[k fd;k gS og mlh dk uke gS]

vFkkZr izkFkhZ ls dfu"Brj dksbZ vU; Jfed ds dk;Zjr gksus dk mYys[k izkFkhZ us ugh fd;k gSA bl izdkj ;g

izekf.kr gksrk gS fd ml le; izkFkhZ ls dfu"B dksbZ Jfed foi{kh ds v/khu dk;Zjr ugha FkkA blh dze esa izkFkhZ

us ftu O;fDr;ksa dks lsokeqfDr ds mijkar dk;Z ij j[kuk dgk gS mu O;fDr;ksa dks foi{kh }kjk fu;qDr fd;s

tkus ds izek.k laca/kh dksbZ izys[k izLrqr ugha fd;k gS vkSj u gh foi{kh ls izLrqr djok;s tkus dk dksbZ fuosnu

fd;kA foi{kh ds lk{kh th- ,y- lkyoh us vius izfrijh{k.k esa ;g dgk gS fd js[kk dY;k.k] lqxuh nsoh] 'kadj

yky ,oa eghiky dks cSad esa fu;qfDr ugha nh xbZ] bUgsa ikVZVkbZe ;k dStqvy :Ik esa j[kk Fkk ;k ugha] mldh

tkudkjh ugha gSA og iqu% Li"V djrk gS fd 25-04-2001 ¼izkFkhZ dh lsokeqfDr frfFk½ ds ckn bl 'kk[kk esa dksbZ

ikVZVkbZe ;k dStqvy Jfed ugh j[kk x;kA lk{; dh bl fLFkfr esa izkFkhZ ;g izekf.kr ugha dj ik;k gS mldh

dfFkr lsokeqfDr frfFk 25-04-2001 dks izkFkhZ ls dfu"B fdlh O;fDr dks lsok esa gh jgus fn;k gks ,oa 25-04-2001

ds mijkar fdlh vU; O;fDr dks leku dk;Z gsrq fdlh izdkj fu;ksftr fd;k gksA bl fLFkfr esa izkFkhZ dh vkSj

ls izLrqr fu.kZ; LVSV vkWQ jktLFkku cuke Jh egsUnz tks'kh o vU; esa izfrikfnr fof/k izkFkhZ ds i{k esa lgk;d

izrhr ugh gqbZ gSA bl fu"d"kZ ds mijkar ;g fcUnq izkFkhZ ds fo:} fu.khZr fd;k tkrk gSA

23-

24- izkFkhZ HkS: yky lkyoh us vius 'kiFk i= esa ;g dgk gS fd 25-04-2001 dks lsokeqDr fd;s tkus ls iwoZ mls

dksbZ uksfVl vFkok uksfVl osru ,oa NaVuh eqvkots dk Hkqxrku ughas fd;k x;kA foi{kh }kjk dh xbZ izfrijh{kk

esa bl rF; dk dksbZ [k.Mu ugha gks ik;k gSA foi{kh ds lk{kh th- ,y- lkyoh }kjk vius 'kiFk i= esa ;g ugha

dgk gS fd mUgksus izkFkhZ dks lsok lekfIr ds iwoZ dksbZ uksfVl ;k uksfVl osru ,oa NaVuh izfrdj dk Hkqxrku

fd;k gksA bl izdkj ;g rks Li"V gS fd izkFkhZ dks lsok lekfIr ds iwoZ foi{kh }kjk dksbZ uksfVl ;k uksfVl osru

,oa NaVuh izfrdj dk Hkqxrku u djrs gq;s vf/kfu;e dh /kkjk 25 F ds izko/kkuksa dk vuqikyu foi{kh }kjk ugha

fd;k x;kA Ekkuuh; loksZPp U;k;ky; us ,sXT;qD;wfVo bathfu;j CPWD bankSj cuke e/kqdj iq:"kksRre dksy ckjdj

ds fu.kZ; esa NaVuh dh ifjHkk"kk ls lacaf/kr vf/ker ikfjr djrs gq;s dgk gS fd fu;qfDr fdlh fu/kkZfjr vof/k ds

fy;s fd;k tkuk izekf.kr u gksus ij nSfud osru Hkksxh Jfed dh lsok ds lekiu ij vf/kfu;e dh /kkjk 2

¼oo½ ¼bb½ ds izko/kku iz;ksT; ugha gksxsaA vkSj ,slk lsok lekiu vf/kfu;e dh /kkjk 2 ¼oo½ ds vUrxZr NaVuh

gksxkA

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2409

25- Ekkuuh; loksZPp U;k;ky; us gh xkSjh'kadj cuke LVSV vkWQ jktLFkku ds fu.kZ; esa ;g ekxZn’kZu fn;k gS fd

Jfed dh NaVuh fd;s tkus ds iwoZ vf/kfu;e dh /kkjk 25 F ds izko/kkuksa dk vuqikyu vko’;d gS vU;Fkk

fd;k x;k lsok lekiu voS/k gksxkA

26- Ekkuuh; loksZPp U;k;ky; }kjk vius fu.kZ; vt;iky flag cuke gfj;k.kk os;j gkWmflax dksiZjs'ku esa ;g dgk

gS fd vf/kfu;e dh /kkjk 25 F ds fdlh Hkh Hkkx dk mYy?kau gksus ij fu;kstd Lo;a ds d`R; dks ;g dg dj

U;k;ksfpr ugha Bgjk ldrk fd Jfed dh izkjfEHkd fu;qfDr lafo/kku ds vuqPNsn 14 ,oa 16 ds foijhr gSA

27- Ekkuuh; jktLFkku mPp U;k;ky; us vius fu.kZ; fMLVªfjDV vkWQhlj ukjdksfVDl cuke lqjs'k dqekj thuxj esa

;g dgk gS fd lsok eqfDr ds iwoZ vf/kfu;e dh /kkjk 25 F ds izko/kkuksa dk ikyu u fd;s tkus ij lsokeqfDr

voS/k gksxhA

28- fopkj.kh; fcUnq la-&1 ij izkIr fu"d"kZ ds vk/kkj ij ;g izekf.kr gqvk gS fd izkFkhZ vizsy] 1994 ls gh foi{kh ds

v/khu nSfud osru Hkksxh pkSdhnkj ds ij ij fu;qDr fd;k x;k Fkk vkSj mlus 25-04-2001 rd yxkrkj

foi{khx.k ds v/khu dk;Z fd;kA bl fLFkfr esa izkFkhZ dh lsok lekfIr ds iwoZ foi{kh }kjk vf/kfu;e dh /kkjk 25

F ds vUrxZr uksfVl ;k uksfVl osru dk Hkqxrku u fd;s tkus vkSj lkFk gh NaVuh izfrdj Hkh u fn;s tkkus ds

dkj.k foi{kh }kjk dh xbZ lsok lekfIr voS/k NaVuh izekf.kr gksrh gSA vr% ;g fcUnq izkFkhZ ds i{k esa fu.khZr

fd;k tkrk gSA

29-

30- foi{khx.k us vius vfHkopuksa esa ;g dgk gS fd izkFkhZ }kjk izLrqr Dyse ljdkj }kjk izsf’kr jsQjsUl fof/k ds

vuqlkj pyus ;ksX; ugha gS rFkk izkFkhZ }kjk foi{kh ds le{k dksbZ ekWx u j[ks tkus ds dkj.k jsQjsUl voS/k gSA

bl lanHkZ esa lqlaxr fof/k dk ifj'khyu djus ij ;g izdV gksrk gS fd ;g fookn leqfpr ljdkj ¼dsUnzh;

ljdkj½ }kjk vf/kfu;e dh /kkjk 10 ¼1½ ¼d½ ds izko/kku ds vUrxZr bl vf/kdj.k dks izsf"kr fd;k x;k gSA bl

fLFkfr esa bl vf/kdj.k dks leqfpr ljdkj }kjk ikfjr fd;s x;s lanHkZ vkns'k dh oS/krk ds ijh{k.k dk

{kS=kf/kdkj izkIr ugha gSA Ekkuuh; jktLFkku mPp U;k;ky; us vius fu.kZ; LVSV vkWQ jktLFkku cuke gjh'k

pUnz 'kekZ esa ;g dgk gS fd vkS|ksfxd vf/kdj.k dh vf/kdkjrk jsQjsUl ds fuc/kuksa rd gh lhfer gSA

vf/kdj.k ds le{k jsQjsUl vkns’k dks pqukSrh ugha nh tk ldrh gSA vkjfEHkd voLFkk esa bls ek= mPp

U;k;ky; ds le{k ;kfpdk izLrqr dj pqukSrh nh tk ldrh gSA bl vf/ker ds izdk'k esa ;g Li"V gS fd dsUnz

ljdkj }kjk izsf"kr fookn dks lanfHkZr fd;s tkus ds laca/k esa bl vf/kdj.k ds le{k dksbZ pqukSrh ugha nh tk

ldrhA vr% ;g fcUnq foi{kh ds fo:} fu.khZr fd;k tkrk gSA

31-

32- fopkj.kh; fcUnq la- 1 ds fofu'p; ls ;g fu"d"kZ izkIr gqvk gS fd fnukad 25-04-2001 dks foi{khx.k }kjk dh

xbZ izkFkhZ dh lsok lekfIr vf/kfu;e dh /kkjk 25 F ds izko/kkuksa dk vuqikyu u fd;s tkus ds dkj.k voS/k

NaVuh gSA mYys[kuh; gS fd izkFkhZ dh ;g lsok lekfIr foi{khx.k ds vuqfpr JekH;kl ;k nqjk’k; iwoZd dh xbZ

dk;Zokgh izekf.kr ugha gqbZ gSA izkFkhZ ls dfu"B fdlh O;fDr dks u rks lsok ds le; dk;Z ij j[kk x;k u gh

lsok lekfIr ds mijkar vU; O;fDr;ksa dks leku dk;Z gsrq lsok esa fu;ksftr fd;k tkuk izekf.kr gqvk gSA izkFkhZ

us lsok esa fujarjrk ,oa foxr osru lfgr iqu% fu;qDr fd;s tkus dk fuosnu fd;k gSA izkFkhZ us LFkkbZ fu;qfDr

vFkok lsok esa fu;ferhdj.k dh ekWx ugha dh gSA

33- izkFkhZ us vius lk{; ds nkSjku ;g dgk gS fd mls lsokeqDr fd;s tkus ds ckn ls og fcYdqy csjkstxkj gSA

izfrijh{kk esa Hkh mlus ;g dgk gS fd mlus ukSdjh gsrq iz;kl fd;k fdarq ukSdjh ugha feyhA mldh iRuh ?kjsyw

dke djus tkrh gS mlesa og FkksM+h cgqr enn djrk gSA blds foijhr foi{khx.k us vius oknksRrj esa ;g rks

dgk gS fd izkFkhZ vU;= jkstxkj esa gS rFkk viuh thfodk pyk jgk gSA fdarq bu vfHkopuksa dks fdlh izdkj

lk{; ls izekf.kr ugha fd;k gSA foi{kh lk{kh th- ,y- lkyoh vius lEiw.kZ ijh{k.k esa ;g ugha dgrs fd izkFkhZ

dgha ij ykHkkFkZ fu;ksftr gS rFkk og viuh thfodk pykus esa l{ke jgk gSA bl fLFkfr esa izkFkhZ ds vfHkopu

,oa lk{; fdlh fo[kaM+u ds vHkko esa izekf.kr gksrs gSA foi{khx.k mu ij vkjksfir bl fl}hHkkj dk mUekspu

ugha dj lds gS fd izkFkhZ lsok lekfIr ds mijkar fdlh ykHkizn fu;kstu esa jgk gSA

2410

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

34- izkFkhZ us Lo;a dks nSfud osru Hkksxh ds :Ik esa foi{kh ds v/khu 6&7 o"kZ dh vof/k rd dk;Zjr jguk dgk gSA

foi{kh us Hkh Lo;a ds i= W 1 esa bl rF; dh LohdkjksfDr djrs gq;s iq"V fd;k gSA fdarq nSfud osru Hkksxh

Jfed dks cSad }kjk fdlh fofgr p;u izfdz;k ds vUrxZr LFkkbZ in ds fo:} fu;fer :Ik ls fu;qDr ugha

fd;k x;kA foi{khx.k us blh vk/kkj ij izkFkhZ dks fof/kor fu;qDr Jfed u ekurs gq;s NaVuh ds iwoZ viukbZ

tkus okyh izfdz;k tks vf/kfu;e dh /kkjk 25 F ds vUrxZr visf{kr Fkh] dk vuqikyu ugh fd;kA

35- LVSV cSad vkWQ bf.M;k cuke iwtk ds fu.kZ; esa ekuuh; fgekpy izn'kZ mPp U;k;ky; us fu;kstd cSad }kjk

izLrqr rF;ksa dks feF;k izekf.kr gksus ij vuqfpr JekH;kl ekuk gS rFkk Jfed dks foxr osru ifjykHk lfgr

lsok esa iqu% ysus dk vkns’k fn;k gSA fdarq] bl fookn esa foi{khx.k ds i= W- 1 esa of.kZr rF;ksa dks fopkfjr

djrs gq;s] ftlesa foi{kh 'kk[kk izca/kd us izkFkhZ dh 6&7 o"kZ dh lUrqf"Vizn lsok ds vk/kkj ij 1@3 osru ij

fu;qDr fd;s tkus dh vuq'kalk dh gS] foi{kh dk O;ogkj vuqfpr JekH;kl ugha ekuk tk ldrk gSA

36- ekuuh; mPpre U;k;ky; us vius fu.kZ; xkSjh'kadj cuke LVSV vkWQ jktLFkku esa Jfed dks voS/k lsok lekiu

ds mijkar lsok esa izR;kLFkkiu ,oa {kfriwfrZ ds LFkku ij ek= izfrdj fnyk;s tkus dks vuqfpr vo'; Bgjk;k

gSA fdarq bl fu.kZ; ds rF; gLrxr fookn ds rF;ksa ls fHkUu izdV gq;s gSaA mi;qDrZ fu.kZ; esa Jfed dks LFkkbZ

,oa Lohd`r in ds fo:} fu;kstu esa j[kuk n'kkZ;k x;k gS tcfd bl fookn esa Lohd`r :Ik ls izkFkhZ dks

15@& :- nSfud etnwjh ij vLFkkbZ :Ik ls dk;Z ij j[kuk izekf.kr gqvk gSA mYys[kuh; ;g Hkh gS fd izkFkhZ

dh fu;qfDr fdlh LFkkbZ ,oa fjDr in ds fo:} fu/kkZfjr p;u izfdz;k ds vuqlj.k esa ugha dh xbZA foi{khx.k

dh vkSj ls lsdzsVjh LVSV vkWQ dukZVd cuke mek nsoh ,oa foHkwfr 'kadj ik.Ms; cuke LVSV vkWQ e/; izns'k ds

fu.kZ;ksa esa ekuuh; mPpre U;k;ky; }kjk ikfjr vf/ker dk voyEc fy;k x;k gSA bu fu.kZ;ksa esa ekuuh;

mPpre U;k;ky; us ;g dgk gS fd tc rd fu;qfDr lqlaxr fu;eksa ,oa fofgr p;u izfdz;k ds v/khu u dh

xbZ gks] fu;qDr O;fDr dks dksbZ vf/kdkj iznku ugha djrh gSA tc fu;qfDr nSfud osru ij vkdfLed Jfed ds

:Ik esa dh xbZ gks rks ,slh fu;qfDr mldh lrrrk ds Hkax gksus ij lekIr gks tkrh gSA ,d vLFkkbZ deZpkjh]

lsok vof/k ds lekiu ij mls LFkkbZ fd;s tkus dk nkok ugha dj ldrk gSA mYys[kuh; gS fd izkFkhZ }kjk bl

fookn esa mls foi{khx.k dh lsok esa fu;fer :Ik ls fu;qDr fd;s tkus gsrq vFkok LFkkbZ fu;qfDr fn;s tkus dk

vuqrks"k ugha ekWxk x;k gSA

37- vc ;g fcUnq fopkj.kh; gS fd izkFkhZ dh lsok lekfIr ds ÞvoS/k NaVuhß izekf.kr gksus ds mijkar mls lsok esa

foxr osru lfgr izR;kLFkkfir fd;k tkuk pkfg;s vFkok mls ,d eq’r izfrdj foi{khx.k ls fnyok;s tkus ij

U;k;fgr lk/ku gks ldsxkA

38- bl fookn ds rF;ksa ds vuqlkj izkFkhZ dks o"kZ 1994 esa 15@& :- izfrfnu nSfud osru ij vLFkkbZ :Ik ls

fu;ksftr fd;k x;k rFkk yxHkx mlus 6 o"kZ 9 ekg rd foi{khx.k ds v/khu dk;Z fd;kA foi{khx.k }kjk ;g

fu;qfDr vLFkkbZ nSfud osru Hkksxh ds :Ik esa dh xbZ Fkh rFkk fu;qfDr ds iwoZ foi{kh cSad ds izpfyr fu;eksa ds

v/khu fdlh fofgr p;u izfdz;k dk vuqlj.k Hkh ugha fd;k x;kA ;g fu;qfDr fdlh fjDr ,oa LFkkbZ in ds

fo:} fd;k tkuk Hkh izekf.kr ugha gSA bl ifjn`’; esa ;fn izkFkhZ dks lkbZfdy LVS.M ds pkSdhnkj ds in ij

iqu% lsok esa fy;s tkus dk funsZ’k foi{kh dks ns Hkh fn;k tkrk gS rks ;s laHkkouk fuewZy ugha gksxh fd foi{kh }kjk

vf/kfu;e ds izko/kkuksa dk vuqikyu djrs gq;s izkFkhZ dks iqu% lsokeqDr dj fn;k tkosaA

39- ekuuh; mPpre U;k;ky; us fu.kZ;ksa dh ,d Ja`[kyk esa ;g ekxZn'kZu fn;k gS fd lsok lekfIr dks /kkjk 25 F

vf/kfu;e ds vUrxZr izfdz;k ds mYy?ku ds vk/kkj ij voS/k ?kksf"kr fd;s tkus ij foxr osru lfgr lsok esa

iqu% inLFkkiu ;a=or@ Lor% fd;k tkuk vfuok;Z ugha gSA izR;sd izdj.k ds rF;ksa o ifjLFkfr;ksa ij fopkj ds

Ik'pkr Jfed dks lsok esa iqu% inLFkkiu ds cnys leqfpr ,deq'r izfrdj fnyk;k tkuk mfpr gSA ;g vf/ker

ekuuh; mPpre U;k;ky; us tlohj flag cuke LVSV vkWQ gfj;k.kk ¼2009½ 15 SCC 327 t;iqj fodkl

izkf/kdj.k cuke jke lgk; ¼2006½ 11 SCC 684 ,oa Hkkjr lapkj fuxe fy- cuke Hkw:ey ¼2014½ 7 SCC

177 ¼bl vf/kdj.k }kjk mn~/k`r½ esa ikfjr fu.kZ;ksa esa ekuuh; mPpre U;k;ky; us ikfjr fd;k gSA

40- bl rF;kRed ifjn`'; esa pwfda izkFkhZ dks ,d vLFkkbZ nSfud osru Hkksxh ds :Ik esa vkt ls yxHkx 22 o"kZ iwoZ

lsokeqDr dj fn;k x;k rFkk mldh fu;qfDr u rks fjDr ,oa LFkkbZ in ds fo:} Fkh u gh mls fofgr p;u

izfdz;k ds vUrxZr fu;qDr fd;k x;k] esjs vf/ker ls izkFkhZ dks lsok esa iqu% inLFkkfir fd;s tkus ,oa foxr

osru fnyok;s tkus ds LFkku ij leqfpr ,deq’r izfrdj fnyk;s tkus ls U;k;fgr lk/ku gks ldsxkA

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2411

41- vr% foi{khx.k }kjk fnukad 25-04-2001 dks dh xbZ izkFkhZ dh lsok lekfIr vf/kfu;e dh /kkjk 25 F ds izko/kkuksa

ds foijhr fd;k tkuk izekf.kr gksus ls lsok lekfIr dks voS/k ?kksf"kr fd;k tkrk gSaA bl voS/k lsok lekfIr ds

Qy&Lo:Ik foi{khx.k izkFkhZ dks ,deq'r 300]000@& ¼v{kjs rhu yk[k :-½ izfrdj jkf’k nks ekg esa Hkqxrku

djsxsaA fofgr vof/k esa Hkqxrku u gksus ij izkFkhZ bl jkf’k ij 9 izfr'kr okf"kZd C;ktnj ls C;kt Hkh izkIr djus

dk vf/kdkjh gksxkA

42- dsUnz ljdkj }kjk lanfHkZr fookn dks blh izdkj U;k; fu.khZr fd;k tkrk gSA

43- vf/kfu.kZ; dh izfrfyfi leqfpr ljdkj dks vf/kfu;e] dh /kkjk 17 ¼1½ ds varxZr izdk'kukFkZ izsf"kr dh tkosaA

jk/kk eksgu prqosZnh] ihBklhu vf/kdkjh

नई दिल्ली, 7 िून, 2024

का.आ. 1115.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/59/2000)dks izdkf”kr

djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la-,y- 22012/387/99-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1115.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/59/2000) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/387/99 – IR (CM-II)

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/59/2000

Present: P.K.Srivastava

H.J.S..(Retd)

Shri Shivdas S/o. Manglu

Village Pamari-1, Tah : Anooppur,

Distt.- Shahdol Now Anooppur (MP)

Deceased & Represented by

Legal Representatives

Workman

Versus

The Sub Area Manager

Bhadra Sub Area, South Eastern Coalfields Ltd.,

PO: Bhadra, Distt.- Shahdol (MP)

Management

2412

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

(J U D G E M E N T)

(Passed on this 8th day of May 2024)

As per letter dated 10/02/2000 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 Industrial Disputes Act, 1947 as per

Notification No. L-22012/387/99/IR(CM-II) dt. 10/02/2000. The dispute under reference relates to:

“Whether the action of the Sub-Area Manager, Bhadra Sub-Area of SECL, PO: Bhadra, Distt. Shahdol

(MP) in terminating the services in respect of Sh. Shivdas S/o. Manglu, Ex- Loader, Harad Colliery w.e.f.

29.01.1997 is legal and justified ? If not, to what relief the workman is entitled ? ”

After registering a case on the basis of the reference, notices were sent to the parties and were served.

Parties appeared and file their respective Statement of Claims and Defense.

According to the workman union, the workman Shivdas S/o. Manglu was employed as Loader by

management and was posted in Harad Mines. He was issued a charge sheet on 29.09.1995 which he replied vide his

letter dated 10.10.1995. The management conducted an enquiry against him and he was removed from service vide

order of management dated 28/1-01/02/1997.

According to the workman union, a departmental enquiry was conducted by management against all the

principles of natural justice and against the rules. The Enquiry Officer wrongly held the charges proved against the

workman. The Disciplinary Authority wrongly accepted the enquiry report and passed punishment disproportionate

to the charge.

Management has rebutted the allegations with a case that enquiry was rightly conducted, charges were

rightly held proved and punishment is also proportionate to the charges.

Following issues were framed on the basis of pleadings by my learned Predecessor vide his order dated

17.02.2006.

1. Whether the departmental enquiry conducted by management is just, legal and proper ? If not,

whether the management may be permitted to lead evidence for proving misconduct of workman ?

2. Whether the workman is entitled to any relief ?

On the basis of the evidence, the issue no.-1 was decided as preliminary issue in favour of workman

holding the departmental enquiry not legal and improper vide order dated 12.12.2012. This order is part of this

Award.

Thereafter, my learned Predecessor framed following additional issues vide his order dated 25.06.2013

holding that the other issues were not properly framed:-

1) Whether the misconduct alleged against workman is prove from evidence in enquiry proceedings or

findings of Enquiry Officer are perverse.

2) Whether the punishment of termination of service of the workman is proper ?

Incidentally, my learned Predecessor observed in the order dated 25.06.2013 that the departmental enquiry

has been found proper and legal. His this observation is against record. Order dated 12.12.2012 shows that the

departmental enquiry was held not legal and proper, hence was set aside. Hence, the issues framed by my learned

Predecessor vide his order dated 25.06.2013 are being rephrased as follows and order dated 25.06.2013 stands

amended accordingly:-

1) Whether management has successfully proved the charges from evidence before this Tribunal ?

2) Whether the workman is entitled to any relief ?

Management was given opportunity to lead evidence on the charges they examined Ishwardeen and Hari

Singh on oath in support of the charges, who have been cross examined by workman side. They also filed affidavits

of their witnesses Devesh Kumar and Rajkumar Sharma as their examination in chief. Firstly, opportunity of cross

examination of these two witnesses by workman side was closed. The workman side preferred M.P. No.- 3562/2019

before Hon’ble High Court of M.P. at Jabalpur which was decided by a Single Bench of Hon’ble High Court and the

workman union was given one more opportunity to cross examined these two management witnesses. Under the

order of Hon’ble High Court, these two witnesses also were cross examined on behalf of the workman union.

Management has filed the charge sheet, reply of charge sheet, punishment order and original enquiry papers, which

are Ex. M/1 to M/4. Management also filed and proved the land record, book first page, photocopy of Electoral Role

and electricity connection photocopy.

The workman side did not file evidence of any witness.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2413

It requires to be mentioned here that during pendency of the proceedings, the workman Shivdas died and

hence his legal representatives were brought on record.

I have heard argument of learned Counsel for workman. None was present from management. The

workman has filed written arguments which are part of record, no written argument has been filed by management. I

have gone through the record also.

Additional Issue No.-1:-

The charges against the workman were as follows:-

26.09:-

Furnishing wrong information with respect to name, age, father’s name, qualification etc. with

respect to employment.

26.01:-

Knowingly doing an act of theft, deceit or dishonest act with relation to the business or property of

the employer.

The settled law is that the standard of proof required to prove a charge during departmental enquiry and in

criminal trial is different. In the former, charge is to be proved to the extent of preponderance whereas in the later,

charge is to be proved beyond reasonable doubt.

Scope of disciplinary proceedings and scope of criminal proceedings are quite distinct, exclusive and

independent of each other. Standards of proof in the two proceedings are also different. Ref. T.N.C.S. Corpn. Ltd.

vs. K. Meerabai, (2006) 2 SCC 255

Standard of proof in a departmental enquiry which is quasicriminal/quasi-judicial in nature: Disciplinary

proceedings, however, being quasi-criminal in nature, there should be some evidence to prove the charge.

Although the charges in a departmental proceedings are not required to be proved like a criminal trial i.e. beyond

all reasonable doubts, we cannot lose sight of the fact that the enquiry officer performs a quasijudicial function, who

upon analyzing the documents must arrive at a conclusion that there had been a preponderance of probability to

prove the charges on the basis of materials on record. While doing so, he cannot take into consideration any

irrelevant fact. He cannot refuse to consider the relevant facts. He cannot shift the burden of proof. He cannot reject

the relevant testimony of the witnesses only on the basis of surmises and conjectures. Ref: (i) Nirmala J. Jhala Vs.

State of Gujarat & Another, AIR 2013 SC 1513 (paras 10 , 11, 12 & 13). (ii) M.V. Bijlani Vs. Union of India,

(2006) 5 SCC 88 (Para 25)

In the cases of (i) NOIDA Entrepreneurs Association Vs NOIDA & others, AIR 2007 SC 1161 (i4i) State

Bank of India Vs. R.B. Sharma, (2004) 7 SCC 27 (iii) Kendriya Vidyalaya Sangathan Vs. T. Srinivas, (2004) 7

SCC 442 (iv) Depot Manager, APSRTC Vs. Mohd. Yousuf Miya, (1997) 2 SCC 699 (v) Captain M. Paul Anthony

Vs. Bharat Gold Mines Limited (1999) 3 SCC 679 and (vi) State of Rajasthan Vs. B.K. Meena, (1996) 6 SCC 417

(vi) Pratap Singh Vs. State of Punjab, AIR 1964 SC 72 (vii) Jang Bahadur Singh Vs. Baij Nath, AIR 1969 SC 30,

it has been laid down by the Hon'ble Supreme Court that "the purpose of departmental enquiry and of prosecution

are two different and distinct aspects. Departmental Enquiry is to maintain discipline in the service and efficiency of

public service. Crime is an act of commission in violation of law or of omission of public duty. The enquiry in a

departmental proceeding relates to the conduct or breach of duty by the delinquent officer to punish him for his

misconduct defined under the relevant statutory rules or law. It is the settled legal position that the strict standard of

proof or applicability of the Evidence Act stands excluded in a departmental proceeding. Criminal Proceedings and

the departmental proceeding under enquiry can go on simultaneously."

In the case of T.N.C.S. Corporation Ltd. Vs. K. Meerabai, (2006) 2 SCC 255, it has been held by the

Hon'ble Supreme Court that the scopes of the disciplinary proceedings and of criminal proceedings are quite

distinct, exclusive and independent of each other. Standards of proof in the two proceedings are also different.

In the cases of Mohd. Saleem Siddiqui Vs. State of UP & others, (2011) 2 UPLBEC 1575 (Allahabad

High Court) and Ajeet Kumar Naag Vs. General Manager Indian Oil Corporation Ltd. Haldia, JT 2005 (8) SC

425, the distinction between departmental enquiry and criminal proceedings has been drawn as under: "The two

proceedings i.e. criminal and departmental are entirely different. They operate in different fields and have different

objectives. The object of criminal proceedings is to inflict appropriate punishment on offender and the purpose of

enquiry proceedings is to deal with the delinquent departmentally and to impose penalty in accordance service rules

the rule relating to appreciation of evidence in the two proceedings is also not similar. In criminal law burden of

proof is on the prosecution and unless the prosecution is able to prove the guilt of accused beyond reasonable

doubts, he cannot be convicted by a court of law. In departmental enquiry, on the other hand, penalty can be

imposed on the delinquent officer on a finding recorded on the basis of preponderance of probability. Procedure

with respect to standard of proof in criminal case and departmental enquiry are different. In the case of

departmental enquiry the technical rules of evidence have no application and the doctrine of "proof beyond doubt"

has also no application in the departmental enquiry. Criminal prosecution is launched for an offence for violation of

a duty the offender owes to the society or for breach of which law has provided that the offender shall make

2414

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

satisfaction to the public. So crime is an act of commission in violation of law or of omission of public duty. The

departmental enquiry is to maintain discipline in the service and efficiency of public service. There would be no bar

to proceed simultaneously with departmental enquiry and trial of criminal case. "

In the case in hand, it comes out from perusal of record that the charge against the workman was that in

fact, he was Chhotelal S/o. Sandhu who any how got the employment registration card of Shivdas S/o. Manglu and

fraudulently got employment by impersonating himself to be Shivdas S/o. Manglu. Management has examined

Ishwardeen who is S/o. Shivdas he stated that his father had got employment with the management but he did not

join. Chhotelal, somehow got the appointment letter and other papers of Shivdas and joined the service of the

management by impersonating himself to be Shivdas whereas in fact he was Chhotelal S/o. Sandhu. This Chhotelal

was his neighbor. His father made a complaint before the management. This witness has filed the land record book

and Electoral Rolls as well is a receipt issued by Electricity Department and has proved them as Ex. M/5 to M/7. In

his cross examination, he states that he has 3 sisters also now married, hence their names are not in the Electoral

Rolls. Also states that his father had told him that Chhotelal got the papers of father of this witness i.e. Shivdas S/o.

Manglu and used these documents to get a employment.

The next witness Hari Singh examined by management is co-villager. He has corroborated the statement of

witness Ishwardeen s/o. Real Shivdas. Workman has preferred not to cross examined this witness. This witness has

filed and proved death certificate of Shivdas S/o. Manglu issued by him under his signature and seal in capacity of

the Pradhan of the village. According to this certificate, Shivdas S/o. Manglu died on 26.04.2007. The third

management witness is Devesh Kumar who was Personnel Assistant in the company at the time of filing affidavit.

This witness states that during the preliminary enquiry conducted by Shri D. Chakarawarthy, the workman had

given in writing under his signature on 08.09.1995 wherein he stated that he was in fact Chhotelal. This witness

further stated that he had recorded this statement of the workman. In his cross examination he states that the

statement was recorded with reference to a departmental preliminary enquiry conducted by Shri D. Chakrawarthy

Manager Personnel on the basis of complaint made to the management in this respect. This witness admits that his

statement was not recorded during departmental enquiry.

The fourth witness of management is Raj Kumar Sharma manager personnel who stated that one Shivdas

S/o. Manglu was selected for the post of Piece Rated Loader in 1974 through employment exchange. Chhotelal s/o.

Sandhu of same village got himself appointed personating for himself to be Shivdas S/o. Manglu. A complaint was

received by management and on preliminary enquiry this fact was found correct. The workman was issued a charge

sheet and departmental enquiry was conducted. This witness further states act during preliminary enquiry he had

visited the village on 28.11.2015 and 07.03.2016and met Harisingh, the Pradhan of the village and Deepak the

grandson of real Shivdas. They had corroborated the allegations in the complaint in their statements before him. In

his cross examination he has stated that the person named Deepak was summoned by the Sarpanch in the Panchayat

Office, he was about 20-25 years at that time. This Deepak had told him that his father’s name is Ishawardeen who

is the son of the real Shivdas. He further states that he had visited the village as directed by management.

The workman has file his affidavit under the name Shivdas S/o. Manglu and has stated in this his affidavit

that he is an illiterate person the management got his thumb impression on a blank paper on the pretext of resuming

his duty. In his cross examine, he states that he has no brother or sister and he does not remember the time of death

of his parent, he denies that he is in fact Chhotelal S/o. Sandhu and states that he is the only person named Shivdas

in his village. He further states that Shri Chakrawarthy got it his thumb impression on blank paper by telling him

that it was necessary was resuming his duty. He admits that he never complained of this fact.

Next witness examined by the workman is Keshav Sahu who states that he is the Vice Pradhan of the

village. The applicant workman is the real Shivdas. He further states that he is co-villager of Shivdas who has no

brother or sister and that there is no other person name Shivdas in his village.

From a comparative analysis of the statements of the witnesses produced from the both the sides, the

witnesses of management appear more reliable particularly in the light of recorded confession of the workman

where he admitted that in fact he was Chhotelal S/o. Sandhu who had got the employment papers of Shivdas S/o.

Manglu and got employment impersonating himself to be Shivdas S/o. Manglu.

Hence, in the light of above discussion, the charge against the workman under Clause – 26.09 referred

above, is held proved and issue no.-1 is answered accordingly.

Issue No.-2:-

In the light of findings recorded above, when the initial appointment was result of fraud and deceit,

termination of services of the applicant cannot be held unjustified in law or fact.

Hon’ble Apex Court in B.C. Chaturvedi v. Union of India, (1995) 6 SCC 749 while discussing about the

scope of judicial review, in disciplinary matters, has observed as under:

“The High Court/Tribunal, while exercising the power of judicial review, cannot normally

substitute its own conclusion on penalty and impose some other penalty. If the punishment

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2415

imposed by the disciplinary authority or the appellate authority shocks the conscience of the High

Court/Tribunal, it would appropriately mold the relief, either directing the disciplinary/appellate

authority to reconsider the penalty imposed, or to shorten the litigation, it may itself, in

exceptional and rare cases, imposed appropriate punishment with cogent reasons in support

thereof.”

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble Apex Court has observed that:

“6…………. Normally, the punishment imposed by a disciplinary authority should not be

disturbed by the High Court or a tribunal except in appropriate cases that too only after reaching

a conclusion that the punishment imposed is grossly or shockingly disproportionate, after

examining all the relevant factors including the nature of charges proved against, the past

conduct, penalty imposed earlier, the nature of duties assigned having due regard to their

sensitiveness, exactness expected of an discipline required to be maintained, and the

department/establishment which the delinquent person concerned works.”

In United Commercial Bank vs. P.C. Kakkar (2003) 4 SCC 364 Hon’ble Apex Court on review of a

long line of cases and the principles of judicial review of administrative action under English law summarized

the legal position in the following words:

“11.

The common thread running through in all these decisions is that the court should not

interfere with the administrators’ 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. In view of what has been stated in Wednesbury case the court would

not go into the correctness of the choice made by the administrator open to him and the court

should not substitute its decision to that of the administrator. The scope of judicial review is

judicial review is limited to the deficiency in decision-making process and not the decision.

12.

To put it differently, 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.

Further, to shorten litigation it may, in exceptional and rare cases, impose appropriate

punishment by recording cogent reasons in support thereof.”

In Union of India vs. S.S. Ahluwalia (2007) 7 SCC 257 Hon’ble Supreme Court reiterated the legal

position as follows:

“8.

The scope of judicial review in the matter of imposition of penalty as a result of

disciplinary proceedings is very limited. The court can interfere with the punishment

only if it finds the same to be shockingly disproportionate to the charges found to be

proved.”

In State of Meghalaya v. Mecken Singh N. Marak (2008) 7 SCC 580 Hon’ble Supreme Court stated that:

“The punishment imposed by the disciplinary authority or the appellate authority unless

shocking to the conscience of the court, cannot be subjected to judicial review.

Hon’ble Apex Court in Administrator, UnionTerritory of Dadra and Nagar Haveli vs. Gulbhia M. Lad

(2010) 2 SCC (L&S) 101 has observed that

“The legal position is fairly well settled that while exercising the power of judicial review,

the High Court or a Tribunal cannot interfere with the discretion exercised by the

disciplinary authority, and/or on appeal the appellate authority with regard to the

imposition of punishment unless such discretion suffers from illegality or material

procedural irregularity or that would shock the conscience of the court/tribunal. The

exercise of discretion in imposition of punishment by the disciplinary authority or

appellate authority is dependent on host of factors such as gravity of misconduct, past

conduct, the nature of duties assigned to the delinquent, responsibility of the position that

the delinquent holds, previous penalty, if any, and the discipline required to be

maintained in the department or establishment he works. Ordinarily the court or the

tribunal would not substitute its opinion on reappraisal of facts.

This extract is taken from State Bank of Bikaner & Jaipur v. Nemi Chand Nalwaya, (2011) 4 SCC 584 :

(2011) 1 SCC (L&S) 721 : 2011 SCC OnLine SC 416 at page 587

7. It is now well settled that the courts will not act as an appellate court and reassess the evidence led in the

domestic enquiry, nor interfere on the ground that another view is possible on the material on record. If the

enquiry has been fairly and properly held and the findings are based on evidence, the question of adequacy

of the evidence or the reliable nature of the evidence will not be grounds for interfering with the findings in

2416

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

departmental enquiries. Therefore, courts will not interfere with findings of fact recorded in departmental

enquiries, except where such findings are based on no evidence or where they are clearly perverse. The test

to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or

finding, on the material on record. The courts will however interfere with the findings in disciplinary

matters, if principles of natural justice or statutory regulations have been violated or if the order is found to

be arbitrary, capricious, mala fide or based on extraneous considerations. (Vide B.C. Chaturvedi v. Union of

India [(1995) 6 SCC 749 : 1996 SCC (L&S) 80 : (1996) 32 ATC 44] , Union of India v. G.

Ganayutham [(1997) 7 SCC 463 : 1997 SCC (L&S) 1806] , Bank of India v. Degala Suryanarayana [(1999)

5 SCC 762 : 1999 SCC (L&S) 1036] and High Court of Judicature at Bombay v. Shashikant S. Patil [(2000)

1 SCC 416 : 2000 SCC (L&S) 144] .)

In Air India Corporation Bombay vs. V.A. Ravellow 1972 (25) FLR 319 (SC) it has been observed that:

“Once the employer has lost the confidence in the employee and the bona fide loss of

confidence is affirmed, the order of punishment must be considered to be immune from

challenge, for the reason that discharging the office of trust and confidence requires

absolute integrity, and in a case of loss of confidence, reinstatement cannot be directed.”

In Knhaiyalal Agarwal and others vs. Factory Manager, Gwaliar Sugar Co. Ltd. AIR 2001 SC 3645

Hon’ble Apex Court laid down the test for loss of confidence to find out as to whether there was bona fide loss of

confidence in the employee, observing that:

“Loss of confidence cannot be subjective, based upon the mind of the management.

Objective facts which would lead to a definite inference of apprehension in the mind of

the management, regarding trust worthiness or reliability of the employee, must be

alleged and proved.”

In the case in hand management has successfully proved the charges as mentioned above. These charges

are punishable with major punishment including dismissal, termination or removal. Gaining employment on false

particulars is an act of moral turpitude. Considering the nature of charges in the light of above discussion and settled

principles on this point the punishment of his dismissal from service cannot be held excessive to the charge proved.

On the basis of above discussion the punishment is held not disproportionate to the charge and the

applicant is held entitled to no relief. Issue no.-2 is answered accordingly.

Accordingly, the Reference is answered as follows :-

AWARD

Holding the action on the part of management of Sub-Area Manager, Bhadra Sub-Area of SECL, PO

Bhadra, District Shahdol (MP) in terminating the services of Shri Shivdas S/o. Manglu, Ex Loader, Harad

Colliery w.e.f. 29.01.1997 legal and justified, the workman is entitled to no relief.

DATE:- 08/05/2024

P .K .SRIVASTAVA, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1116.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/39/2016)dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y- 22012/12/2016-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1116.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/39/2016) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/12/2016– IR (CM-II)]

MANIKANDAN. N, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2417

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/39/2016

Present: P.K.Srivastava

H.J.S..(Retd)

The General Secretary

Rashtriya Colliery Workers Federation

Office Chirimiri, Distt.- Korea (CG)

Workman

Vs

The General Manager

Chirimiri Area of SECL

PO: West Chirimiri, Distt.-Korea (CG)

Management

(JUDGEMENT)

(Passed on this 15th day of May-2024)

As per letter dated 26/04/2016 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 Industrial Disputes Act, 1947 (in short the

‘Act’) as per Notification No. L-22012/12/2016 IR (CM-II) dt. 26/04/2016. The dispute under reference relates to:

“A.

Whether, the action on the part of General Manager of Chirimiri Colliery in not paying

attention towards the wrongful entry in the date of birth in case of Shri Biswajit Pandey, Pump Khalasi,

Category-IV of Civil Section of Kurasia, Sub Area of Chirimiri Colliery and later on not rectified the

actual date of birth who is going to be superannuated on 27.06.2016 is appropriate and justified ? If not,

what relief and action the workman concerned as espoused by the General Secretary, Rashtriya Colliery

Workers Federation, Chirimiri, Distt.- Korea (CG) is entitled to ?

B.

Whether in the conciliation proceedings the management serving notice to go on

superannuation on 27.06.2016 in respect of Shri Biswajit Pandey, Pump Khalasi, Category-IV is

violative of Section 33(1) of the I.D. Act as pointed out by Union Representative ? If not, what relief the

concerned workman in the dispute is entitled to ?”

After registering a case on the basis of the reference, notices were sent to the parties and were served.

Parties appeared and filed their respective statements of claim and defense.

The dispute in the reference involves about the date of birth of the workman Biswajit Pandey who was

appointed by management as its employee. The workman claims his date of birth to be 27.06.1966 whereas

according to management his date of birth was recorded 27.06.1956 in their records. The management served a

superannuation notice to the workman informing him that he was to superannuate on 27.06.2016 on the basis of his

date of birth 27.06.1956. The workman filed a Writ Petition(s) No.-2302/2013 which was disposed by Hon’ble High

Court of C.G. vide order dated 07.08.2013 and the management was directed to make necessary an enquiry in the

matter and decide the issue with regard to correct date of birth of the workman in accordance with their own

instructions and policy in the matter of determination of age contained in Implementation Instructions 76 (in short

I.I. 76) as early as possible. Pursuant to this order an Age Determination Committee was constituted by management

and the matter was referred to the Committee to decide the issue. The Committee, after considering both the sides

submitted its report dated 03.02.2014 holding his date of birth 27.07.1956 as recorded with the management as his

correct date of birth.

The workman has challenged this report of Age Determination Committee mainly on the ground that it was

arbitrary and against rules particularly Mines Amendment Rules 1978 and I.I. 76 whereas management has defended

this report.

Both the sides have led oral and documentary evidence which are affidavit of the General Secretary as his

examination in chief. He has been cross examined from the side of management. The management has also filed

affidavit of its witness as his examination in chief, who has been cross examined from the side of workman union.

The workman union has filed and proved documents appointment offer of the workman Form-B service extract of

the workman as Ex. W/1 to W/3. Management has also filed these 3 documents as well medical examination report

prepared by the Medical Officer on Form-O under Rule 29 of Mines Rules at the time of first appointment of the

workman. Management has further filed LTC bills of the workman notice regarding correction in the service records

2418

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

issued by management in 1987, Form-PS3 and PS4. Management has further filed and proved copy of order of

Hon’ble High Court of C.G., report of the Age Determination Committee constituted in compliance of order of

Hon’ble High Court as mentioned above.

I have heard argument Union Representative Shri Bhagwat Prasad Dubey and Shri Neeraj Kewat learned

Advocate for management. The workman side has filed written argument which is part of record, I have gone

through the written argument as well.

On perusal of record in the light of rival arguments following issue arises for determination:-

“Whether the report of Age Determination Committee deciding the date of birth of the workman Biswajit

Pandey has 27.07.1956 can be faulted in law or fact?

According to the workman union, the workman was issued appointment offer by management for his

appointment to the post of Piece Rated Worker under NCWA-3. This document has been relied upon by both the

sides. Clause-4c of this offer requires the workman to produce certificate of age, such as school certificate or proof

of age by Colliery Medical Officer apart from other documents. This is also not disputed that the workman was

examined by Medical Officer who prepared his report after medical examination declaring the workman medically

fit to join the post. This document is also relied by both parties. In this report, it has been mentioned that the

workman appears to be of 18 years of age on the date of his medical examination on 24.06.1984. In the Form-B of

the workman prepared by management on the basis of information provided by the workman his date of birth was

recorded 27.06.1956 as informed by the workman. The same date of birth is recorded in the service register, in

Form-PS3 & PS4 which are particulars of the family and nomination form filled in and signed by the workman. The

management has proved a general notice said to be issued by management in 1987 as a onetime measure to all its

employees with details of family, date of birth & other particulars recorded in the service documents of the

employees and invited objections from its employees if any entry was incorrect according to them and required to be

corrected. There appears an endorsement by the workman “JANMTITHI GALAT HAI”.

As it appears from the report of the Age Determination Committee, it observed that the age of the workman

recorded 18 years by the Medical Officer who examined him with respect to the appointment offer could not be

relied upon because it was an assessment of the Medical Officer on the basic looks of the workman and not after any

scientific investigation. The Age Determination Committee further found that in the Form-B, service register,

service excerpts dated 01.04.1987, LLTC claims, PS3 & PS4 the workman declared his date of birth as 27.07.1956

whereas in Form-B his date of birth is recorded as 27.06.1956. The Committee also took notice of the fact that the

workman did not take any further steps after service of notice/service excerpts on 01.04.1987 to get his date of birth

corrected. He did not file any educational certificate in support of his date of birth at the time of his appointment.

The Committee further noted that as per Radiological examination held on 03.10.2013 the age of the workman was

assessed in between 55 to 60 years.

The main objection of the Union representative on this report is that the first document is the medical

examination report of the Medical Officer who examined the workman before appointment and recorded his age 18

years at the time of examination on 24.06.1984. This report is prepared in the light of Rules 29-B of Mines Rules.

Further submitted that Form-B was not signed by the workman, hence the Age Determination Committee committed

mistake in not considering these factors, while deciding the date of birth of the workman.

I.I. 76 Clause-B which deals review determination of date of birth in respect of existing employees is being

reproduced as follows :-

“Review determination of date of birth in respect of existing employees.

i.

a)

In the case of the existing employees Matriculation Certificate or Higher Secondary

Certificate issued by the recognized Universities or Board Middle Pass Certificate issued

by the Board of Education and / or Department of Public Instruction and admit cards

issued by the aforesaid Bodies should be treated as correct provided they were issued by

the said Universities/ Boards/ Institutions prior to the date of the employment.

i.

b)

Similarly, Mining Sirdarship, Winding Engine or similar other statutory certificates

where the Manager had to certify the date of birth will be treated as authentic.

Provided that where both documents mentioned in (i) (a) and (i) (b) above are

available, the date of birth recorded in (i) (a) will be treated as authentic.

ii.

Wherever there is no variation in records, such cases will not be reopened unless there is a very

glaring and apparent wrong entry brought to the notice of the Management. The Management

after being satisfied on the merits of the case will take appropriate action for correction through

Determination Committee/ Medical Board.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2419

(C)

Age Determination Committee/Medical Board for the above will be constituted by the

Management. In the case of employees whose date of birth cannot be determined in accordance

with the procedure mentioned in (B) (i) (a) or (B) (i) (b) above, the date of birth recorded in the

records of the company, namely, Form B register, CMPF Records and Identity Cards

(untampered) will be treated as final. Provided that where there is a variation, in the age

recorded in the records mentioned above, the matter will be referred to the Age Determination

Committee/Medical Board constituted by the Management for determination of age.

(D)

For determination of the age, the Committee/Medical Board referred to above may consider the

evidence, available with the Colliery Management and/or adduced before the employee

concerned.

(E)

Medical Board constituted for determination of age will be required to assess the age in

accordance with the requirement of “Medical Jurisprudence” and the Medical Board will as far

as possible indicate the accurate age, assessed and not approximately.

Now, considering the report of the Age Determination Committee in the light of I.I. 76 and Rule 29-B of

Mines Rules, the medical examination by the Medical Officer on 24.06.1984 which states the age of the workman at

18 years is not on any scientific investigation rather it is on the basis of external appearance and looks of the

workman at the time of his medical examination. Since, it is not based on any scientific investigation, the Age

Determination Committee cannot be held unjustified in ignoring this report. The LTC Form and Form-PS3 & PS4

have been filled and signed by the workman in which the date of birth of the workman is recorded 27.07.1956. The

fact that the workman did not taken any step for getting his date of birth corrected after he received his service

excerpts on 01.04.1987 in which his date of birth was wrongly recorded, coupled the other facts mentioned as above,

justify the report of Age Determination Committee. In these circumstances, I find no fault with the report of Age

Determination Committee and this issue is answered accordingly.

In the light of the above finding, the action of management in superannuating the workman on the basis of

his date of birth 27.06.1956 is held justified.

In the light of aforesaid findings, the action of management in superannuating the workman on the basis of

his date of birth 27.06.1956 during pendency of proceedings under Section 33 of the Act is also held justified in law.

The reference stands answered accordingly. No order as to cost.

DATE:- 15/05/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1117.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/75/2020)dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y- 22013/01/2024-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1117.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/75/2020) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22013/01/2024– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/75/2020

Present: P.K.Srivastava

H.J.S..(Retd)

Shri Lakhan S/o. Shri Chow,

2420

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

R/o. Ward No.-26, Paraspani

Bartunga, P.O. Chirimi

Distt.- Korea (CG)-497449

Workman

Vs

The Sub Area Manager,

SECL, Chirmiri UG Sub Area

P.O. Chirmiri Colliery,

Distt.- Korea (CG)-497773

Management

(JUDGEMENT)

(Passed on this 10th day of May 2024)

As per letter dated 12/11/2020 by the Deputy Chief Labour Commissioner (Central) Jabalpur, Government

of India, Ministry of Labour, New Delhi, the reference is received. The reference is made to this Tribunal under

Section -10 of I.D.Act, 1947 as per Notification No. RP-5(1-3)/2020-ES-III, dt. 12/11/2020. The dispute under

reference relates to:

“Whether the action on the part of management of SECL, Chirmiri Area, in dismissing the long

service of the workman namely Shri Lakhan S/o. Chow, some days before his normal retirement age is

legal and justified ? If not, to what relief the workman is entitled ?”

After registering a case on the basis of the reference, notices were sent to the parties and were served. The

workman never appeared inspite of service on him on 25.02.2021 and did not file any statement of claim.

Management filed their written statement of defense.

In its written statement of defense, the management has taken a case that the workman was working as

Support Mistri in Chirimiri. A complaint dated 05.04.2017 was received from Satya Pujan Mishra RTI Activist that

he had got employment in the name of Lakhan S/o. Chow whereas his original name was Lakshman Mandal S/o.

Ekadashi Mandal. A letter was sent by management to S.P. of District Ganjam Orissa where his permanent address

was recorded in his service records, to verify and report about the complaint. He sent his verification report on

14.07.2017 according to which the real name of the workman was Lakshman Mandal S/o. Ekadashi Mandal. A

charge sheet was issued to him on 08.05.2018. He submitted his reply on 18.05.2018. Management decided to

conduct an enquiry and ordered a departmental enquiry against the workman on 31.07.2018, the workman

participated in the enquiry. He produced his evidence and cross examined management witnesses. The enquiry

report submitted his report dated 08.05.2018 holding the charges proved against the workman. The reply of the

workman on the enquiry report was found not satisfactory and the Disciplinary Authority passed the order of

dismissal on 29.08.2018, which is based on evidence in the enquiry and proportionate to the charge.

During the course of the proceedings, the workman never appeared hence, the reference proceeded ex-parte

against him.

The management filed affidavit of its witness Santosh Kumar who corroborated the case of management

and proved the enquiry papers. This witness was not cross examined by workman.

At the stage of argument, the workman did not appear. I have heard argument of learned Counsel

Shri Neeraj Kewat for workman and have gone through the record.

Following points arise for determination in the case in hand:-

1) Whether the departmental enquiry was legally conducted ?

2) Whether the charges are proved ?

3) Whether the punishment is proportionate to the charges ?

Point No.-1 :-

The burden to prove point no.-1 is on workman. On perusal of uncross examined affidavit of management

witness and enquiry papers, I find no violation of any principle of natural justice or rules of procedure for

conducting enquiry, hence point no.-1 is answered accordingly.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2421

Point No.-2 :-

On perusal of enquiry papers, there is nothing to disagree with the finding of the Enquiry Officer, hence his

finding regarding proof of charges is held proved.

Point no.-3 :-

In this case the charge proved against the workman is furnishing false information with regard to age name,

father’s name, qualification etc. by the workman with respect to his employment which is a major misconduct under

Clause 26.9 of the Certified Standing Orders. This charge provides major punishment of dismissal. Keeping in view

the nature of the charge proved, the punishment is found not excessive to the proved misconduct and there is no

occasion to interfere with the punishment order.

In the light of above discussion and findings, the reference deserves to be answered against the workman

and is answered accordingly. No order as to cost.

DATE:- 10/05/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1118.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सि

–

] आसनसोल ds iapkV (सन्िभव सं्‍या

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y- 22012/98/2005-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1118.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Reference.I.D.No.10/2006) of the Central Government Industrial

Tribunal-cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the

Management of E.C.L. and their workmen, received by the Central Government on 05/06/2024

[No. L-22012/98/2005 – IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL.

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE NO. 10 OF 2006

PARTIES: Pritam Singh

(represented by his dependent wife Charan Kaur)

Vs.

Management of Poniati Workshop of ECL

REPRESENTATIVES:

For the Union/Workman:

Mr. Rakesh Kumar, President, Koyala Mazdoor Congress.

For the Management of ECL:

Mr. P. K. Goswami, Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

2422

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Dated:

26.04.2024

AWARD

In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour, vide its

Order No. L-22012/98/2005-IR(CM-II) dated 12.06.2006 has been pleased to refer the following dispute between

the employer, that is the Management of Poniati Workshop of Eastern Coalfields Limited and their workman for

adjudication by this Tribunal.

SCHEDULE

“ Whether the action of the management of Poniati Workshop, M/s ECL, Jamuria of dismissal of Shri

Pritam Singh is legal & justified? If not, to what relief the workman is entitled to? ”

1.

On receiving Order No. L-22012/98/2005-IR(CM-II) dated 12.06.2006 from the Government of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 10 of 2006 was registered on

19.06.2006 and an order was passed for issuing notice to the parties through registered post, directing them to appear

and submit their written statements along with relevant documents in support of their claims and a list of witnesses.

2.

Mr. Rakesh Kumar, Union representative for the workman and Mr. P. K. Goswami, learned advocate for

the management of ECL have appeared and filed their written statement on 02.12.2009. In gist the fact of the case as

per the written statement of the workman is that Pritam Singh, was a permanent employee of Eastern Coalfields

Limited (hereinafter referred to as ECL) and posted as a Driver at Ratibati Workshop. He was wrongly and illegally

dismissed from his service by the company. Pritam Singh was chargesheeted vide Charge Sheet No.

ECL/PW/Chargesheet/91/1387 dated 30.12.1991 on an allegation of theft of company’s property. Pritam Singh

submitted his reply but the management of the company ordered a domestic enquiry. The Enquiry Officer conducted

an enquiry and held the workman guilty of the charge. During pendency of the proceeding management issued an

order of transfer of Pritam Singh bearing order no. ECL/CMD/C-6B/Trf/62 dated 08.01.1992 on his transfer he

joined at Rajmahal Project. The management simultaneously lodged an FIR before police and a specific case of theft

was registered before the Learned Judicial Magistrate at Asansol Court. On the basis of Departmental Proceeding

management dismissed Pritam Singh from service and communicate the order of dismissal to him vide Ref No.

ECL/PW/Displ.action/94/2006 dated 03.10.1994. According to the union, management awarded three punishments;

firstly, an FIR was lodged at Police Station and police arrested the workman who was subsequently released on bail,

secondly, an order of transfer from Poniati Workshop to Rajmahal was issued and thirdly, an extreme punishment of

dismissal from service was imposed.

3.

It is contended that, at the end of court proceeding Pritam Singh was not found guilty of the charge and he

was acquitted from the case. However, in the Departmental Proceeding the Agent of Poniati Workshop issued an

order dated 03.10.1994 dismissing Pritam Singh from his service, when the workman was already transferred to

Rajmahal. It is urged that a workman who is not on the roll of Poniati Workshop cannot be dismissed by the Agent

of Poniati Workshop and the order of dismissal required to be issued by the Agent of Rajmahal, where Pritam Singh

was posted.

4.

During pendency of the criminal case before the Hon’ble Court at Asansol, the union did not raise any

dispute. After an order of acquittal was passed an Industrial Dispute was raised before the Assistant Labour

Commissioner (Central), Asansol and the matter was thereafter referred to this Tribunal for adjudication as to

whether dismissal of Pritam Singh from his service is just and proper. The union urged that the aggrieved workman

was not served with the Enquiry Proceeding and report of the Enquiry Officer before his dismissal. It is contended

that the management should not have taken any action before disposal of the criminal case. It was open for the

management to take recourse to one course of action, either by issuance of Charge Sheet or by lodging FIR. The

management further did not follow the guidelines of the Hon’ble Supreme Court of India by not issuing the 2nd

Show Cause Notice to the workman before issuing order of dismissal. It is the case of the union is that Pritam Singh

died on 22.12.2006 and his wife requested the management of the company to pay her the legal dues like gratuity.

According to the union dismissal from service is an extreme punishment and the same is not awarded to anyone

without enquiring the fact carefully. According to the union the service of Pritam Singh under the company was

unblemished and the order of dismissal passed against him is liable to be set aside and Pritam Singh should be

considered to be in service of the company from 31.09.1994 by declaring the order of dismissal as illegal and his

legal heir should be paid full back wages during the period of his idleness from 03.10.1994 till the date of

superannuation from the company i.e. 01.07.2000.

5.

The Management of ECL contested the case by filing their written statement. The specific case of the

management is that Pritam Singh was chargesheeted on 30.12.1991 under Clause 17 (i)(a)(q)(r) of the Standing

Order applicable to him. He replied to the charge levelled against him and a Domestic Enquiry was held in which

the workman participated and availed reasonable opportunity to defend himself. The Enquiry Officer submitted his

report holding him guilty and on the basis of such enquiry Pritam Singh, who was posted at Rajmahal OCP was

dismissed from service. It is their case that there has been undue delay of ten years in raising the Industrial Dispute

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2423

and the same is liable to be dismissed. Management has urged that the union has no locus standi to represent the

workman as he was not a member of the union.

6.

Further case of the management is that the workman committed an offence of theft of property of ECL

which is a serious offence and there is no scope of exhibiting leniency. It is urged that due to such misconduct the

workman was transferred to Rajmahal OCP under Rajmahal Area and an FIR was lodged against the workman at

Jamuria Police Station, giving rise to a specific case under Section 379 and 411 of the Indian Penal Code, which

ultimately ended in acquittal. The management urged that the Industrial Dispute is not maintainable and the same is

liable to be dismissed.

7.

On the death of Pritam Singh a petition was filed on 29.05.2013 for substitution of Charan Kaur, as his

legal heir. Union filed a rejoinder on 06.02.2017 reiterating the facts. Charan Kaur, wife of Late Pritam Singh was

examined as Workman Witness – 1. She filed an affidavit-in-chief on 10.02.2016 and adduced evidence on behalf of

her deceased husband. It is stated in her affidavit-in-chief that the management issued a Charge Sheet against Pritam

Singh on 30.12.1991 and he submitted his reply and the management thereafter appointed an Enquiry Officer who

conducted the enquiry in respect of the charge. The management also lodged an FIR before police. On holding the

Enquiry, management dismissed her husband and an order of dismissal was communicated to him on 03.10.1994.

The witness claimed that her husband was wrongfully dismissed from service and his dismissal should be declared

as illegal and full wages should be paid to the dependent from the date of dismissal to the date of superannuation

with other consequential benefits. During evidence the following documents were produced :

(i)

Photocopy of Charge Sheet was produced as Exhibit W-1.

(ii)

Photocopy of order of dismissal issued by the Agent of Poniati Workshop, as Exhibit W-2.

(iii)

Photocopy of Death Registration Certificate of Pritam Singh, as Exhibit W-3.

8.

From the cross-examination of WW-1 it transpires that the Charge Sheet and the order of dismissal in

respect of Pritam Singh were issued from Poniati Workshop. She denied the suggestion that her husband was

dismissed in proper manner. Mangal Singh, Satnam Singh, Rajendra Singh @ Raju Singh, the three sons of Late

Pritam Singh and Balbinder Kour and Lakhbinder Kour, two married daughters of Late Pritam Singh have filed their

affidavit-in-chief, wherein they have stated that they authorized Charan Kaur to receive all financial benefits of their

father.

9.

Management of ECL examined Mr. Pragyanand Pandey, Assistant Manager (Personnel), Poniati Workshop

as Management Witness – 1. In course of his evidence he has produced the following documents in support of

management’s case :

(i)

Photocopy of the Charge Sheet dated 30.12.1991 has been produced as Exhibit M-1.

(ii)

Photocopy of the Reply dated 15.01.1992, in three pages, as Exhibit M-2.

(iii)

Photocopy of the Notice of Enquiry dated 27.03.1992 and 02.04.1992 issued by Mr. D. K. Banerjee,

Enquiry Officer, as Exhibit M-3 and M-3/A respectively.

(iv)

Photocopy of the Enquiry Proceeding, as Exhibit M-4.

(v)

Photocopy of the Enquiry Report dated 27.07.1993 and 26.07.1993, as Exhibit M-5 and 5/A (in three

pages collectively).

(vi)

The witness admitted that no 2nd Show Cause Notice was issued to the workman. The witness also

averred that the Agent of Poniati Workshop passed an order of dismissal with approval of competent

authority of ECL. Photocopy of the dismissal order dated 03.10.1994 has been marked as Exhibit

M-6.

(vii)

Photocopy of the dismissal order dated 25.10.1996 issued by the Agent of Rajmahal OCP is produced

as Exhibit M-7.

10.

In his cross-examination MW-1 deposed that an FIR was lodged on 20.12.1991 giving rise to G. R. Case

No. 1734/91 under Section 379 and 411 of the Indian Penal Code. Tinu Khan, Md. Afjal, Imtiaz Mia, Ram Kishna

Sarma, Chemilal Show, Brijbehari Singh and Lala Nunia were the co-accused persons. The witness stated that there

must be a seizure list in this case supporting charge under Section 411 of the Indian Penal Code which relates to

recovery of stolen property from the possession of the accused. The management witness could not state the reason

of delay in issuing Charge Sheet and deposed that the content of the Charge Sheet regarding place of recovery of

stolen goods were correct. Witness deposed that Mr. N. I. Khan, Presenting Officer, stated in his report that on

20.12.1991 when he went to Poniati Workshop at 07.00 a.m., he received information from the Foreman In-charge

of Electrical Department that some Secondary Coil of Transformer had been stolen by the miscreants in the night of

19.12.1991 along with other material. The witness admitted that the Presenting Officer did not examine any witness

nor did he produced document to substantiate the charge. The management witness admitted that no 2nd Show Cause

2424

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Notice was issued to the charged employee and in course of enquiry on 10.01.1992 the workman was transferred to

Rajmahal OCP. According to MW-1 after acquittal from criminal case Pritam Singh was never reinstated under ECL

and Gratuity and Provident Fund dues have not been disbursed. The witness at the end however, denied that

dismissal of Pritam Singh was unjustified and illegal.

11.

On 21.11.2023 Mr. Pragyanand Pandey (MW-1) was further examined and he stated before the Tribunal

that he has not been able to produce the document of competent authority regarding dismissal of Pritam Singh. He

also stated that in G. R. Case No. 1734/91 at Asansol Court, Pritam Singh was acquitted from the charge of theft and

a copy of the judgement was produced as Exhibit M-8. The management witness admitted that after acquittal of

Pritam Singh from the charge, the management preferred no appeal against the judgement of acquittal nor did it take

any step for reinstatement of Pritam Singh. Management witness denied that the punishment imposed against the

charged employee was disproportionate or that he was illegally dismissed from service.

12.

Mr. Rakesh Kumar, representing the dependent wife of the deceased employee argued that Mr. N. I. Khan,

the Presenting Officer stated before the Enquiry Officer that on 20.12.1991, when he reported for duty at Poniati

Workshop at 7.00 a.m., he received information from the Electrical Department through Foreman Incharge that

Secondary Coil of Transformer had been taken away by miscreants on the night of 19.12.1991 along with other

materials. Thereafter Mr. Khan lodged an FIR at Jamuria Police Station to the effect that the Transformer Coil with

approximate weight of 200 Kilograms along with other materials were stolen. Mr. Khan stated that the Officer in

charge of Jamuria Police Station went to Jamuria Bazar along with police personnels to search out the stolen

materials. The Police Officer met the agent of Poniati Workshop on the same day and asked him to call the Security

Guards and Armed Guard namely, Md. Afzal Hussain, Tinu Khan, Imtiaz Mia, and Ram Kishna Sarma. The

materials which were recovered from the shop of Chunnilal Shaw of Jamurai Bazar were asked to be identified and

Mr. N. I. Khan identified the recovered materials. It is stated by Mr. Khan that on 23.12.1991 the O.C. Jamuria

Police Station also recovered 200 Kilograms of Copper Coil from the compound of the quarters of Pritam Singh.

The charged employee was arrested. Mr. Rakesh Kumar referred to the judgment passed by the Judicial Magistrate,

First Class, Fifth Court, Asansol in G. R. Case No. 1734/91, wherein all eight accused persons including Pritam

Singh were acquitted on the ground that prosecution did not examine Mr. N. I. Khan, the FIR maker. Mr. Kumar

inter alia argued that apart from Pritam Singh other accused persons who were also employees of ECL were not

chargesheeted and no proceeding was initiated against them. The union representative vehemently argued that the

statement of Mr. N. I. Khan before the Enquiry Officer has no force as it was hearsay evidence and he has no direct

information regarding occurrence and alleged recovery of the stolen property. Accordingly, the order of dismissal

passed against Pritam Singh without issuance of any 2nd Show Cause Notice is bad in law and the order of dismissal

without compliance of mandatory provision, based upon hearsay statement is illegal, arbitrary and is liable to be set

aside. Mr. Kumar argued that Pritam Singh should be deemed to be in service from the date of his dismissal on

03.10.1994 till the date of his superannuation i.e. 01.07.2000. It is urged that full back wages for the entire period

along with all other consequential retirement benefits may be paid to Charan Kaur, the wife of the deceased

employee.

13.

Mr. P. K. Goswami, learned advocate for the management of ECL submitted that a case of theft in the

workshop was reported in the night of 19.12.1991 and Mr. N. I. Khan, company’s representative also lodged an FIR

before Jamuria Police Station on the basis of which a specific criminal case was initiated. During investigation

Police recovered some stolen property of the employer company from the premises of Pritam Singh and after

holding enquiry, he was found guilty and accordingly dismissed him from service. Learned advocate argued that a

Departmental Proceeding was held independent of the criminal proceeding, therefore despite acquittal of the charged

employee in the criminal case due to lack of evidence, there was sufficient material before the Enquiry Officer to

hold the charged employee guilty and there was no error in dismissing the charged employee, even after his transfer.

14.

I have perused the scheduled reference, written statement submitted by the union and management, also

considered the evidence on record, report of Enquiry Proceeding as well as copy of the judgment passed by the

learned Judicial Magistrate, Fifth Court, Asansol, in G. R. Case No. 1734/91 under Section 379 and 411 of the

Indian Penal Code. On a close reading of the Enquiry Proceeding and the Judgment passed by the learned Judicial

Magistrate, stemming from the same offence / misconduct of theft, I find that Mr. N. I. Khan, Manager, Poniati

Workshop performed the duty of the Presenting Officer in the Departmental Enquiry. From the statement made by

the Presenting Officer on 16.04.1992, it transpires that on 20.12.1991, when he reported at Poniati Workshop at

07.00 a.m. for his duty he received information from the Electrical Department via Foreman Incharge that

Secondary Coil of Transformer had been stolen by the miscreants along with other materials in the night of

19.12.1991. He rushed to the Police Station along with the Security Incharge and lodged an FIR in the Police

Station. The Officer-in-Charge, Jamuria Police station visited Poniati Workshop on 20.12.1991 and examined the

Security Guards and Armed Guard and recorded their statements. Some recovery was made from the shop of

Chunnilal Shaw of Jamuria Bazar which were identified as the properties of Poniati Workshop. Mr. N. I. Khan

further stated before the Enquiry Officer on 23.12.1991 that Officer-in-Charge, Jamuria Police Station recovered

200 Kilograms of Copper Coil from the quarter compound of Pritam Singh, the driver and arrested the driver.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2425

15.

It further appears that during cross-examination of Mr. N. I. Khan by Pritam Singh, as to on what basis he

stated that the Transformer Coil was recovered from his quarters, the Presenting Officer stated that the police had

told him about the same. This statement gives us a clear view of the matter that Mr. Khan had no personal

knowledge except the reporting made to him by the Police regarding recovery. In course of Enquiry Proceeding no

witness of seizure or recovery was examined by the Enquiry Officer. Pritam Singh, the charged employee in his

statement deposed that he did not know that there was an incident of theft at Poniati Workshop on 19.12.1991. He

was in his quarters at 08.00 a.m. on 20.12.1991 when he learnt about the incident which took place in the previous

night. The police arrested him on 23.12.1991 on an allegation that material was recovered from the compound of his

quarters. Pritam Singh denied the charge of such recovery from his possession. The Enquiry Officer in his report

dated 27.07.1993 (Exhibit M-5) stated that the Enquiry Report dated 26.07.1993 in three pages was being produced.

On a close scrutiny, I find the Enquiry Report dated 26.07.1993 has been marked as Exhibit M-5/A collectively in

three pages.

16.

On a close reading of the Enquiry Report I find that the allegation which made by Mr. N. I. Khan against

the charged employee are hearsay in nature which is not tenable under the law for holding the workman guilty of

charge. The Enquiry Officer stated that the charged worker neither produced any document nor examined any

witness in his defence during enquiry proceeding. The Enquiry Officer observed that from the statement of the

Presenting Officer it was found that the charged workman was arrested by the police in connection to recovery of

stolen materials from compound of his quarters on 23.12.1991. This observation of the Enquiry Officer based upon

arrest of Pritam Singh without any evidence of recovery does not support the management case for holding the

charged employee guilty of the offence of theft. In the Enquiry Proceeding Hardeo Yadav, Security Guard was

examined on 16.04.1992. He stated that he was on duty at the main gate of Poniati Workshop. In the midnight

between 19.12.1991 to 20.12.1991, Pritam Singh, Driver, Tinu Khan, Ram Kishna Sarma, and Lala Nunia, Security

Guards snatched the key of the main gate from him forcibly and entered the workshop by opening the main gate.

They took out the key of the Electrical Shop from Key Board, opened the door of the Electrical Shop and took out

Transformer Coil and took the same in the Jeep driven by Pritam Singh, the driver. He tried to resist them but they

threaten to kill him, if he reported the matter to anybody. Hardeo Yadav further stated that Ram Kishna Sarma

showed his revolver and threatened him that he would shoot him if he resisted them.

17.

The Enquiry Proceeding reveals that the statement made by Hardeo Yadav, Security Guard was in

connection with a Charge Sheet dated 30.12.1991 issued to Hardeo Yadav. Therefore, it is apparent that statement

made by Hardeo Yadav was not in connection with the enquiry arising out of Charge Sheet No.

ECL/PW/Chargesheet/91/1387 dated 30.12.1991, issued to Pritam Singh. The statement of Hardeo Yadav cannot be

used against Pritam Singh as he did not have the opportunity to cross-examine the witness. The settled principle of

law is that the statement of a co-accused against accomplice in the same procedure would be relevant if the accused

makes confession affecting such other person and himself. In the commission of the offence no such statement is

made by Hardeo Yadav implicating himself and Pritam Singh. Furthermore, in matter of grave allegation I find no

corroborative evidence from any other witness. In my considered view Mr. D. K. Banerjee, Enquiry Officer has

failed to appreciate the legal evidence in its true spirit. He has misplaced the burden of proof upon the charged

employee to the effect that he did not adduce any evidence and based his findings on an isolated statement of

another charged employee made in a separate proceeding where he disowned his involvement. It is also evident

from the statement of the management witness that no 2nd Show Cause Notice was issued to the charged employee

before issuance of order of dismissal. The order dated 03.10.1994 issued by the Agent of Poniati Workshop refers to

an order of dismissal bearing No. ECL/CMO/C-60/94/DA/SPL/3265 dated 27/30.09.1994 as approved by the

Director (Personnel), ECL. No such copy of order was produced by the management. It appears to me that the order

of dismissal was not passed by the competent authority i.e. the Disciplinary Authority in this case. The management

of the company appears to have violated the principle laid down by the Hon’ble Supreme Court of India in the case

of Union of India and Others Vs. Mohd. Ramzan Khan [AIR (1991) SC 471], laid down the law as follows:

“ When the Inquiry Officer is not the Disciplinary Authority, the delinquent employee has a right to receive a copy

of the inquiry officer’s report before the Disciplinary Authority arrives at its conclusion with regard to the charges

levelled against him. A denial of the inquiry officer’s report before the Disciplinary Authority takes its decision on

the charges, is denial of opportunity to the employee to prove his innocence and is a breach of principles of natural

justice.”

The principle laid down by the Hon’ble Supreme Court of India was enforced by the Coal India Limited by way of

issuing a Circular bearing No. CIL C-5A(vi)/50774/28 dated 12.05.1994, wherein it has been clearly laid down that

the charged employee had to be supplied with Enquiry Proceeding and Enquiry Report and a 2nd Show Cause Notice

had to be issued to him before taking any final decision of removing him from service. In my considered view such

mandatory procedures have not been complied and the Enquiry Officer appears to have reached his conclusion on

the basis of information and hearsay evidence without making any effort to find out the truth as to from whose

custody the stolen materials have been recovered.

2426

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

18.

It would now be apposite to consider the contents of the judgment dated 07.03.2000 passed in G. R. Case

No. 1734/91 under Section 379 and 411 of the Indian Penal Code, which arose out of the selfsame occurrence. From

the findings of the learned Magistrate, it is gathered that Mr. N. I. Khan, the de-facto complainant was not examined

in the case. The contents of FIR were not proved. Kashmir Singh, PW-1, and Ranglal Sharma, PW-2, said to be

seizure witnesses did not adduce any evidence that any seizure was made in their presence from the possession of

any of the accused persons. Learned Magistrate held that there was no material on record to establish that the seized

articles were identified by the complainant at any point of time. It was held that the accused persons were found

not guilty and they were acquainted from the case. Since alamats (seized goods) were not identified or claimed by

Poniati Workshop, they were confiscated to the state. With such materials on record, I find that the order of

dismissal passed by the management against Pritam Singh is without any base, the same is arbitrary, improper,

unjustified and is not sustainable under law. In the light of my above discussion, I am of the considered view that the

order of dismissal passed against Pritam Singh on 03.10.1994 (Exhibit M-6) and 25.10.1994 (Exhibit M-7) are set

aside. Pritam Singh, the aggrieved workman having died on 22.12.2006 shall be deemed to have been in service of

the company from 03.10.1994 till the date of his notional superannuation on 01.07.2000. Charan Kaur, wife of the

deceased employee shall be entitled to receive all the retiral and consequential relief. It appears that Pritam Singh

did not render any service to the company during this long period of nearly six years. There is no evidence on record

that he did not work for any gain. Under such circumstances I find it appropriate to allow fifty percent (50%) of

back wages of Pritam Singh from 03.10.1994 to 01.07.2000 in favour of Charan Kaur, the widow of the deceased

workman. The management of the company is directed to make payment of outstanding dues to the wife of the

deceased employee within one month from the date of communication of the order.

Hence,

ORDERED

that the Industrial Dispute is decided in favour of the petitioner on contest against the management of ECL.

The impugned orders of dismissal of Pritam Singh dated 03.10.1994 and 25.10.1994 are set aside. He shall be

deemed to have been in service from 03.10.1994 till the date of his notional superannuation (01.07.2000). Charan

Kaur, the wife of the deceased workman shall be entitled to receive fifty percent (50%) of the back wages of the

workman from 03.10.1994 till 01.07.2000 along with consequential relief and retiral dues. The entire amount shall

be paid to the widow of the deceased within one month from the date of communication of the Award. Let an award

be drawn up in light of my above findings. Let copies of the Award in duplicate be sent to the Ministry of Labour,

Government of India, New Delhi for information and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1119.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

] आसनसोल ds iapkV (सन्िभव सं्‍या

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/108/2019-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1119.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Reference.I.D.No.14/2020) of the Central Government Industrial

Tribunal-cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the

Management of E.C.L. and their workmen, received by the Central Government on 05/06/2024.

[No. L-22012/108/2019– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL.

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2427

REFERENCE CASE NO. 14 OF 2020

PARTIES: Seven Dhangar

Vs.

Management of Kajora Area of ECL

REPRESENTATIVES:

For the Union/Workman:

Mr. Rakesh Kumar, President, Koyala Mazdoor Congress.

For the Management of ECL:

Mr. P. K. Das, Adv.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

10.05.2024

AWARD

In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour, vide its

Order No. L-22012/108/2019-IR(CM-II) dated 06.02.2020 has been pleased to refer the following dispute between

the employer, that is the Management of Kajora Area of Eastern Coalfields Limited and their workman for

adjudication by this Tribunal.

SCHEDULE

“ Whether the dismissal of Shri Seven Dhangar, Ex- General Mazdoor from service on 21.9.2015 and

denial to reinstatement by the management of M/s. ECL, as raised by Colliery Mazdoor Congress (HMS), Asansol,

is just and legal? If not, to what relief the concerned workman is entitled to and from when? ”

1.

On receiving Order No. L-22012/108/2019-IR(CM-II) dated 06.02.2020 from the Government of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 14 of 2020 was registered on

24.02.2020 and an order was passed for issuing notice to the parties through registered post, directing them to appear

and submit their written statements along with relevant documents in support of their claims and a list of witnesses.

2.

The management of Kajora Area of Eastern Coalfields Limited (hereinafter referred to as ECL) filed their

written statement through the Agent of Madhusudanpur Colliery on 05.12.2022. Mr. P. K. Das, learned advocate

appeared on behalf of the management of ECL. The dismissed workman filed written statement on 22.02.2023

through Mr. Rakesh Kumar, Union representative. The fact of the case according to the union is that Seven Dhangar,

General Mazdoor bearing No. 124128 was posted at Madhusudanpur Colliery under Kajora Area ECL as a

permanent employee. Due to illness the workman could not attend his duty from 20.04.2015. After his recovery he

went to the colliery and requested the management for allowing him to join duty but the management did not permit

him to join and issued a Charge Sheet bearing No. MSP/P&IR/2015/6/1682 dated 18.06.2015. Seven Dhangar

submitted a reply to the Charge Sheet, informing that he was under medical treatment during his absence, which was

unintentional. The management not being satisfied with the reply, initiated a Domestic Enquiry by appointing an

Enquiry Officer. The charged employee participated in the Enquiry Proceeding where he disclosed that he was under

medical treatment under company’s Kajora Area Hospital from 03.04.2015 and the Doctor advised him for taking

rest for seven days. Doctor further advised him to take up job on the surface. He was allowed to join duty on

23.04.2015 but was advised to take further opinion from Central Hospital at Kalla. Seven Dhangar did not join duty

for his underground job and proceeded for his further treatment at Central Hospital, Kalla. The management did not

grant his sick leave for medical treatment which continues up to 03.06.2015. The management did not allow him to

join after he reported for duty and issued a Charge Sheet on 18.06.2015. The Enquiry Officer found him guilty for

his absence from duty from 24.04.2015 to 18.06.2015. The Enquiry Officer found him guilty for his absence from

24.04.2015 to 18.06.2015 i.e. for 1 month and 23 days during the period of his illness while he was under medical

treatment at company’s hospital. The management awarded extreme punishment of dismissal disregarding the

ground of absence. It is contended that Seven Dhangar is a member of Scheduled Cast community, a weaker section

of the society and has no source of income for maintain his livelihood. According to him the punishment awarded to

him is disproportionate to the nature of offence and the management should have awarded lighter punishment. It is

prayed that the order of dismissal should be set aside. Seven Dhangar should be reinstated to his employment under

the company and full back wages should be paid to him.

2428

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

3.

The contrary case of the management is that Seven Dhangar was posted as an Underground Loader at

Madhabpur Colliery under ECL. He was a habitual absentee and was reprimanded several times for his poor

attendance. On the last occasion he absented on and from 24.04.2015 without any information or prior approval of

the leave from the appropriate authority. The management chargesheeted him on 18.06.2015 under Clause 26.23 for

his habitual absence and under Clause 26.29 of Certified Standing Order for his absence from duty beyond ten days

without sanctioned leave or sufficient cause. The matter was referred for domestic enquiry and the workman

participated in the Enquiry Proceeding. The charge of unauthorized absence was proved beyond doubt and based

upon the findings of the Enquiry Officer the workman was dismissed from his service vide letter No.

KA:APM(IC):C-6:Dismissal:431 dated 21.09.2015. A 2nd Show Cause Notice was issued to the workman before his

dismissal and he replied to the same.

4.

Management of ECL contended that the Certified Standing Order of the company provides opportunity to

the workman to appeal against any order of punishment within a period of forty-five days from the date of issuance

of the order of dismissal but in this case the workman did not appeal within the stipulated period, which implies that

the punishment is binding upon him. Further case of the management is that the attendance of the workman in the

preceding six years was bad and the workman was a habitual absentee. Out of 305 days available for work in a year,

the workman in the year 2010 attended duty on 93 days, in the year 2011 he worked for 89 days, in the year 2012 for

107 days, in the year 2013 for 61 days, in the year 2014 he did not attended duty for a single day, and in the year

2015 for 26 days. For his unauthorized absence the workman was previously punished with stoppage of 1 SPRA /

increment vide letter dated 24.04.2010, 2 SPRA / increments vide letter 23.08.2011 and demotion to the grade of

General Mazdoor in Category – I without any pay protection vide letter dated 26.02.2015. It is the case of the

management that when a workman frequently absented from duty his name cannot be maintained in the roll

indefinitely and the post cannot be allowed to remain vacant. It is urged by the management that the punishment

imposed upon the workman is proportionate to his misconduct and the workman is not entitled to any relief in this

case.

5.

In support of his case Seven Dhangar has filed an affidavit-in-chief on 29.05.2023 and examined himself as

Workman Witness – 1. In course of his evidence the workman has produced a copy of the order of dismissal dated

21.09.2015 which has been marked as Exhibit W-1 and copies of the documents relating to medical treatment in five

pages, which have been collectively marked as Exhibit W-2.

6.

In course of his cross-examination the dismissed workman stated that he was medically treated at Kajora

Hospital and was declared medically fit after treatment. As he was advised by doctor not to work underground, he

did not perform duty. The workman also admitted that in the year 2014 he did not attended duty for a single day.

7.

Mr. Proloy Dasgupta, Manager (Personnel), Madhusudanpur Colliery under Kajora Area of ECL filed his

affidavit-in-chief and was examined as Management Witness – 1. In his examination-in-chief the management

witness deposed that Seven Dhangar was dismissed from service on 21.09.2015 for unauthorized absence from duty

from 24.04.2015 to 18.06.2015. Management witness produced several documents which have been admitted in

evidence as follows :

(i)

Copy of the Charge Sheet dated 18.06.2015 has been marked as Exhibit M-1.

(ii)

Copy of the Reply to the Charge Sheet submitted by the workman stating reasons, as Exhibit M-2.

(iii)

Copy of the Medical Certificate dated 16.06.2015 of the workman, as Exhibit M-3.

(iv)

Copy of the appointment letter of the Enquiry Officer dated 05.08.2015, as Exhibit M-4.

(v)

Copy of the Notice of enquiry dated 06.08.2015, as Exhibit M-5.

(vi)

Copy of the Enquiry Proceeding and report in four pages have been collectively marked as Exhibit

M-6.

(vii)

Copy of the 2nd Show Cause Notice dated 26.08.2015, as Exhibit M-7.

(viii)

Copy of the Reply to the 2nd Show Cause Notice submitted by the workman, as Exhibit M-8.

(ix)

Copy of the Note Sheet dated 13.09.2015 initiated by the Agent of Madhusudanpur Colliery

proposing disciplinary action, as Exhibit M-9.

(x)

Copy of the order of dismissal dated 21.09.2015, as Exhibit M-10.

8.

In course of cross-examination the management witness deposed that the 2nd Show Cause Notice, copy of

Enquiry Report and findings were supplied to the workman. There is no case of the workman that 2nd Show Cause

Notice was not served upon him along with findings of the Enquiry Officer. The witness also deposed that the order

of dismissal was issued by the Agent on approval of the General Manager and the Note Sheet bears the approval.

The witness categorically deposed that the workman was dismissed from service not only for his unauthorized

absence for more than 10 days but his past conduct of unauthorized absence was also taken into consideration. In

course of cross-examination the witness asserted that management was not aware that the workman was advised by

the Area Medical Officer of ECL for light duty or as the person was not assigned lighter duty he remained absent.

The witness denied that the period of absence was covered by the medical certificate submitted by the workman.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2429

9.

Mr. Rakesh Kumar, Union representative, arguing the case on behalf of the dismissed workman submitted

that the workman was unable to attend his duty due to illness and in support of the same he submitted medical

documents before the Enquiry Officer which was not taken into consideration and a disproportionate, harsh, and

extreme punishment of dismissal was imposed against the employee for his absence from duty for a period of 1

month and 23 days only and was prevented from attending his duty due to his indisposition. It is contended that the

order of dismissal was issued by the Area Personnel Manager (IC), Kajora Area on 21.09.2015 was not binding

upon the workman as it was not passed by the General Manager of the Area, who is the controlling Authority.

10.

Mr. P. K. Das, learned advocate for the management of ECL, in reply, submitted that the workman was a

habitual absentee and charge under clause 26.23 of Certified Standing Order for unauthorized absence and Clause

26.29 for unauthorized absence for a period of more than ten days have been proved against the workman. It is

submitted that the workman remained absent on various pretext and did not inform the appropriate authority prior to

his absence. In respect of the plea taken by the workman that he was prevented from attending his duty due to his

illness learned advocate referring to the Charge Sheet (Ext. M-1) submitted that the workman absented from duty

from 24.04.2015 until the Charge Sheet was issued on 18.06.2015. In his reply to the Charge Sheet the workman

stated that he was suffering from Tuberculosis for seven years. He claimed to be under treatment of a local doctor

from 27.04.2015 to 15.06.2015 and was declared fit for duty on 26.06.2015. Management witness produced a copy

of the Medical Certificate issued by Dr. S. Ghosh, a Registered Medical Practitioner dated 16.06.2015 where he

certified that Seven Dhangar was under his treatment from 27.04.2015 to 15.06.2015 and was suffering from fever.

In the written statement the workman simply stated that he was unable to attend duty due to his illness form

24.04.2015 without naming his ailment. In examination-in-chief the workman sated that he was suffering from

Epilepsy for which he could not attend his duty. Therefore, the workman made contradictory statement regarding the

nature of his ailment which is self-destructive. Learned advocate for the management submitted that the workman

participated in the Enquiry Proceeding and admitted the charges levelled against him without being able to satisfy

the reasons of his absence for such a long period. The workman was accordingly found guilty of charge framed and

on approval of the General Manager in his Note Sheet dated 16.09.2015 (Exhibit M-9) the workman was removed

from the service of the company by Office Order dated 21.09.2015 (Exhibit M-10). Learned advocate argued that

the punishment was proportionate to the misconduct of the workman and there is no reason to interfered with the

order of punishment.

11.

I have considered the facts and circumstances in this case as well as evidence adduced by the parties and

argument advanced on behalf of the workman and management. Admittedly, the workman had remained absent

from duty from 24.04.2015 till issuance of Charge Sheet on 18.06.2015 without any prior intimation or approval,

thereby the charge of unauthorized absence from duty beyond ten days without sanctioned leave has been proved

and charge under Clause 26.29 of Certified Standing Order has been established beyond doubt. In course of enquiry,

it is found that the workman physically attended his work for 107 days in the year 2012, 61 days in the year 2013,

Nil in the year 2014, and 26 days in the year 2015. The workman did not venture to cross-examine the management

representative to refute such charges. At the time of his examination before the Enquiry Officer, Seven Dhangar did

not deny the charge and on the other hand he tried to reason out his absence on the ground of illness. The Enquiry

Proceeding has been produced as Exhibit M-6 (in four pages) and on the basis of such Enquiry Proceeding the Agent

of Madhusudanpur Colliery issued a 2nd Show Cause Notice to the workman and supplied him with a copy of

enquiry proceed and report of the Enquiry Officer seeking explanation. The 2nd Show Cause Notice was marked as

Exhibit M-7. The workman received the Notice by putting his signature on the back of the 2nd Show Cause Notice.

On 08.09.2015 the workman submitted a reply stating that he was unable to attend his normal work for the last three

years as he was suffering from Tuberculosis. He further stated that he recovered from his illness and wanted to join

his duty. Exhibit M-8, the reply of the workman, once again corroborates the charge levelled against the workman.

The workman claimed to have suffered from Tuberculosis, Epilepsy, and Fever during the period of his absence but

he has failed to produce proper medical documentary evidence before the Enquiry Officer to establish the fact that

he was prevented from attending duty for such ailments. The workman claimed to have been under medical

treatment under Kajora Area Hospital and produced Ticket for outdoor patients in five pages, which have been

marked as Exhibit W-2. It appears from the face of the document that the workman was under treatment from

03.04.2015 and was declared fit for duty on 23.04.2015. The charge levelled against him was from 24.04.2015 till

18.06.2015. The workman therefore did not attend his duty from 24.04.2015, even after he was declared fit for duty.

The patient approached the Central Hospital at Kalla on 03.06.2015 and 10.06.2015 but the Hospital declined to

issue any Sick Certificate in his favour. the workman then approached a Registered Medical Practitioner who

certified that the workman was under his treatment from 27.04.2015 to 15.06.2015 due to fever. This document

issued by Dr. S. Ghosh (Exhibit M-3) therefore cannot be relied upon. The workman ran from pillar to post to make

out his case but could not obtain supportive document and ultimately admitted the charge.

12.

In view of the facts and circumstances I hold that the Enquiry Proceeding held by the management was in

accordance with the principles of natural justice and ample opportunity was provided to the workman for making out

his case. The findings of the Enquiry Officer, holding the workman guilty of the charge therefore suffers from no

infirmity. A 2nd Show Cause Notice was issued to the workman before his dismissal. The General Manager, the

controlling authority of the charged workman approved the punishment of dismissal in his Note Sheet dated

2430

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

16.09.2005 (Exhibit M-9) and in accordance with the decision a letter of dismissal was issued on 21.09.2015. I do

not find any illegality, inconstancy or incongruity in the process of dismissing the workman on the basis of charge

proved against him. The punishment of dismissal passed against the workman does not appear disproportionate

against the charge of unauthorized and habitual absenteeism. Accordingly, the workman is not entitled to

reinstatement and back wages. The Industrial Dispute is therefore dismissed on contest.

Hence,

ORDERED

that an award be drawn up to the effect that the Industrial Dispute is dismissed on contest against the

workman and he is not entitled to the relief of reinstatement and back wages. Let copies of the Award in duplicate

be sent to the Ministry of Labour, Government of India, New Delhi for information and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1120.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

]आसनसोल ds iapkV (सन्िभव संख्या

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/53/2022-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1120.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Reference.I.D.No.25/2022) of the Central Government Industrial

Tribunal-cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the

Management of E.C.L. and their workmen, received by the Central Government on 05/06/2024

[No. L-22012/53/2022 – IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL.

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE NO. 25 OF 2022

PARTIES: Geeta Singh

(wife of Late Ranjeet Singh)

Vs.

Management of Jambad OCP of ECL

REPRESENTATIVES:

For the Union/Workman:

Mr. Rakesh Kumar, President, Koyala Mazdoor Congress.

For the Management of ECL:

Mr. P. K. Das, Adv.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

06.05.2024

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2431

AWARD

In exercise of powers conferred under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour, vide its

Order No. L-22012/53/2022-IR(CM-II) dated 01.06.2022 has been pleased to refer the following dispute between

the employer, that is the Management of Jambad OCP under Kajora Area of Eastern Coalfields Limited and their

workman for adjudication by this Tribunal.

SCHEDULE

“ Whether the action of the management of Jambad OCP, Kajora Area of M/s. E.C.Ltd. in not providing

employment and monetary compensation to Smt. Geeta Singh W/o Late Ranjeet Sigh, Ex- Fitter is legal and

justified? If not, what relief Smt. Geeta Singh W/o Late Ranjeet Singh is entitled to? ”

1.

On receiving Order No. L-22012/53/2022-IR(CM-II) dated 01.06.2022 from the Government of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 25 of 2022 was registered on

02.06.2022 / 01.07.2022 and an order was passed for issuing notice to the parties through registered post, directing

them to appear and submit their written statements along with relevant documents in support of their claims and a

list of witnesses.

2.

Mr. P. K. Das, learned advocate for Eastern Coalfields Limited filed written statement on behalf of the

management of Eastern Coalfields Limited on 16.11.2022. No written statement has been filed by Gita Singh,

petitioner. Mr. Rakesh Kumar, President, Koyala Mazdoor Congress (HMS) has appeared on several dates i.e.

16.11.2022, 08.02.2023, 16.05.2023, 26.09.2023, 06.03.2024, and 06.05.2024 but did not file any written statement

on behalf of the dependent of deceased employee. After extending six opportunities to the petitioner no effective

step has been taken by the union, I am of the considered view that no purpose would be served by allowing

unnecessary accommodation. The dependent of the employee is not diligent in pursuing this case. The Industrial

Dispute is accordingly dismissed in the form of a No Dispute Award.

Hence,

ORDERED

that a No Dispute Award be drawn up in the above Reference case. Let copies of the Award in duplicate be

sent to the Ministry of Labour and Employment, Government of India, New Delhi for information and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 7 िून, 2024

का.आ. 1121.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

]आसनसोल ds iapkV (सन्िभव संख्या

/

) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/62/2004-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 7th June, 2024

S.O. 1121.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Reference.I.D.No.05/2005) of the Central Government Industrial

Tribunal-cum-Labour Court, Asansol as shown in the Annexure, in the industrial dispute between the

Management of E.C.L. and their workmen, received by the Central Government on 05/06/2024

[No. L-22012/62/2004 – IR (CM-II)

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL.

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

2432

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

REFERENCE CASE NO. 05 OF 2005

PARTIES: Mantu Ghosh

(represented by his dependent son, Arup Ghosh)

Vs.

Management of 1 and 2 Incline, Jhanra Area of ECL

REPRESENTATIVES:

For the Union/Workman:

Mr. Milan Kumar Bandyopadhyay, Advocate.

For the Management of ECL:

Mr. P. K. Goswami, Advocate.

INDUSTRY:

Coal.

STATE:

West Bengal.

Dated:

07.05.2024

AWARD

In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of

the Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour, vide its

Order No. L-22012/62/2004-IR(CM-II) dated 27.12.2004 has been pleased to refer the following dispute between

the employer, that is the Management of 1 and 2 Incline under Jhanjra Area of Eastern Coalfields Limited and their

workman for adjudication by this Tribunal.

SCHEDULE

“ Whether the action of the management of 1 & 2 Incline under Jhanjra Area of M/s. Eastern Coalfields

Limited in dismissing Sh. Mantu Ghosh, Cleaning Mazdoor, U.M.No. 694706 from services w.e.f. 24.3.98 is legal

and justified? If not, to what relief the workman is entitled? ”

1.

On receiving Order No. L-22012/62/2004-IR(CM-II) dated 27.12.2004 from the Government of India,

Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 05 of 2005 was registered on

12.01.2005 and an order was passed for issuing notice to the parties through registered post, directing them to appear

and submit their written statements along with relevant documents in support of their claims and a list of witnesses.

2.

Workman filed a written statement on 03.10.2005 and management filed their written statement on

11.08.2006. The fact of the workman’s case is that Mantu Ghosh, the aggrieved workman was a permanent

employee under ECL and was employed at 1 and 2 Incline, Jhanjra Area of Eastern Coalfields Limited

(hereinafter referred to as ECL). He was regular in his attendance at work but due to illness since 1995 and could not

attend his duty regularly. Illness of the workman aggravated in December 1997 as a result he seriously fell ill from

21.12.1997 and was medically treated at the Sub-Divisional Hospital at Asansol up to 11.04.1998. In the written

statement he disclosed that he was suffering from Tuberculosis and was advised to take complete rest. The workman

being the only male member in his family could not send any information to his colliery regarding the reason of his

absence from duty. After recovery he went to join his duty on 12.04.1998 but the colliery management did not

permit him to resume his duty and informed him that he had already been dismissed from service w.e.f. 27.03.1998.

3.

According to the workman neither any Charge Sheet nor any Notice of enquiry was served upon him by the

management before dismissing him from service. No 2nd Show Cause Notice and order of dismissal was issued to

him. He was verbally intimated on 12.04.1998 that he had been dismissed from service. It is the case of the

workman that he absented from duty for three and a half months only and without giving him any opportunity of

being heard the management dismissed him without any reasonable ground, which is illegal, whimsical, arbitrary

and in violation of the principles of natural justice. The workman requested that management on several occasion to

permit him to join his duty but the management did not consider his prayer. The aggrieved workman in this

Industrial Dispute has prayed for setting aside the order of dismissal and for his reinstatement in service with full

back wages and other consequential benefits.

4.

Management of ECL contested the case by filing their written statement. The counter contention of the

management is that Charge Sheet bearing No. AGT/JNR/1&2/P/CS/98/15 dated 05.01.1998 under Clause 17(d) and

17(n) of the Model Standing Order applicable to the workman was issued for his unauthorized absence from duty as

well as habitual absence, seeking clarification of his absence from duty on and from 21.12.1997. The workman did

not submit any reply to the Charge Sheet nor did he attend the domestic enquiry which was held to enquire into the

charge levelled against him. Due to non-participation of the workman the enquiry was held ex-parte and the charge

was found to be proved. The workman was found to be a habitual absentee from duty and was chargesheeted on

several occasions. He was punished on earlier occasion by stoppage of three increment with cumulative effect

communicated by letter under Ref. AGT/JNR/1&2/P/97/892 dated 29.11.1997/01.12.1997. Two increments were

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2433

again stopped by letter dated 05.06.1997, further two more increments were stopped by letter dated 14.11.1996,

again one increment was stopped by letter dated 04/08.10.1996 and two increments were stopped by letter dated

01/04.02.1996. The workman was finally dismissed vide order bearing Ref. No. CGM/JNR/PER/08/98/5308 dated

24/27.03.1998. It is the case of the management that the past attendance of the workman was poor which was only

78 days in the year 1995, 127 days in 1996 and 58 days in 1997. The workman did not deserve any leniency for

which he was dismissed. A reference was made before the Assistant Labour Commissioner (Central), Asansol by

submission of application by workman on 12.09.2003. The conciliation proceeding failed and after a delay this

Reference case has been initiated. Management urged that the dismissal of the workman was lawful and justified

and he is not entitled to any relief.

5.

Mantu Ghosh filed his affidavit-in-chief on 28.09.2007. During pendency of the Reference case Mantu

Ghosh died an unnatural death on 29.09.2008 leaving behind Rita Ghosh, his wife, Arup Ghosh, Pankaj Ghosh, and

Manoj Ghosh, his sons, Deepmala Ghosh, his daughter, who were substituted in place of the deceased workman by

order dated 25.06.2013. The affidavit-in-chief of Mantu Ghosh was not pressed. At the time of adducing

evidence Arup Ghosh, son of Late Mantu Ghosh filed an affidavit-in-chief where he has reiterated the case disclosed

in the written statement of the workman. He also asserted that the management straight away dismissed his father

without giving him any opportunity to defend himself against the charges levelled against him which are baseless. It

is admitted by the witness that Mantu Ghosh could not attend duty w.e.f. 21.12.1997 up to 11.04.1998. In cross-

examination the witness deposed that his father was suffering from Tuberculosis and all the papers relating to his

treatment had been deposited before the court. The witness deposed that the Sub-Divisional Hospital, Durgapur is

nearer to his house than Asansol but his father was treated at Sub-Divisional Hospital at Asansol. The witness could

not state as to for how many days his father had remained admitted in the hospital. In course of his evidence, he

could not deposit any document related to medical treatment of his father at the Sub-Divisional Hospital, Asansol.

6.

Mr. Abhijit Chakraborty, Senior Officer (Personnel) at Jhanjra Project Colliery has examined himself as

Management Witness – 1 and filed his affidavit-in-chief wherein he stated that Mantu Ghosh was a habitual

absentee and prior to his dismissal he had been punished on several occasions for his unauthorized absence. On five

occasions warnings were issued against him in 1995 and 1996. There had been stoppage of increment in 1997. The

MW-1 deposed that the Charge Sheet was issued to Mantu Ghosh bearing No. AGT/JNR/1&2/P/CS/98/15 dated

05.01.1998, asking him to show cause for his absence from duty but he did not respond. An Enquiry Officer was

appointed to hold the enquiry in the matter but the workman did not appear and the enquiry was held ex-parte. The

Enquiry Officer found the workman guilty of charge and a 2nd Show Cause Notice was also issued to him but he did

not respond. The management thereafter dismissed the workman which is justified and the workman is not entitled

to any relief. The witness has produced a copy of the Charge Sheet dated 05.01.1998, as Exhibit M-1 and

deposed that Charge Sheet was issued to Mantu Ghosh through registered post at his address at Vill: Kalipur, PO:

Dakshinkhanda, PS: Andal, Dist.: Burdwan (West Bengal), but the workman did not submit any reply. The

management witness further deposed that Notice of enquiry dated 15.01.1998, 29.01.1998, and 20.02.1998 were

issued to Mantu Ghosh and copies of the same were produced as Exhibit M-2, M-3, and M-4. It may be derived

from the cross-examination that though venue of the enquiry was not mentioned in the Notice of enquiry the

Departmental Enquiry was held on 04.03.1998 at the Office of the Agent, 1 and 2 Incline, Jhanjra Area. A copy of

the Enquiry Proceeding in three pages has been produced as Exhibit M-5. A copy of the Enquiry Report dated

04.03.1998, as Exhibit M-6. A 2nd Show Cause Notice dated 06/10.03.1998 issued by the Chief General Manager,

Jhanjra Area, as Exhibit M-7. A copy of letter of dismissal dated 24/27.03.1998, dismissing Mantu Ghosh from

service, as Exhibit M-8. The witness went ahead to state that prior to the dismissal, Mantu Ghosh was punished for

his misconduct whereby one increment of his pay was stopped in October 1996 and two increments were stopped

for one year in November 1996. The communications were marked as Exhibit M-9 and M-10. Copy of letter of

warning dated 08.03.1997 has been marked as Exhibit M-11. Copy of letter of warning dated 02.07.1997 for

unauthorized absence from duty, as Exhibit M-12. In the year 1997 two increments of the workman were stopped

which is revealed from document marked as Exhibit M-13.

7.

In cross-examination the management witness stated that the Charge Sheet and Notice of enquiry were sent

to the workman at his home address but he was unable to produce any document to show that the same were sent to

the workman at his home address. The witness denied that the Notice of enquiry and Charge Sheet were not served

upon the workman but admitted that he could not produce A/D Card to show that the service was made to the

workman through registered post. In cross-examination the witness deposed that no reply was submitted by the

workman in response to the 2nd Show Cause Notice.

8.

Mr. Milan Kumar Bandyopadhyay, learned advocate for the dependent of the deceased employee argued

that he management of the employer company dismissed the workman keeping him in the dark regarding the

enquiry. It is argued that no Charge Sheet, Notice of enquiry, and 2nd Show Cause Notice were served upon the

workman. The order of dismissal was not communicated to the workman, therefore the entire proceeding is

arbitrary, illegal and in violation of principles of natural justice. it is urged that the order of dismissal is liable to be

set aside and the dependent of the deceased employee are entitled to full back wages along with consequential relief.

2434

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

9.

Mr. P. K. Goswami, learned advocate for ECL in reply, argued that Mantu Ghosh was a habitual absentee

and on earlier occasion he had been warned several times for his unauthorized absence without reasons and his

increments were stopped time to time. It is argued that no satisfactory reply has been submitted by learned advocate

representing the interest of the deceased workman. It is further submitted that Charge Sheet and three Notice of

enquiry were issued to the workman under registered post at his home address at Vill: Kalipur, PO: Dakshinkhanda,

PS: Andal, Dist.: Burdwan (West Bengal), but the workman did not respond the same.

10.

Admittedly he remained absent from duty from 21.12.1997 without any intimation to the management on

prior approval. A domestic enquiry was held ex-parte on 04.03.1998 where it was clearly stated that three Notice of

enquiry were sent to the home address of the workman as mentioned in the Form ‘B’ Register and after giving

sufficient opportunity, consistent with the principles of natural justice, the domestic enquiry was conducted ex-parte

on 04.03.1998, on merit. A management representative Mr. A. B. Kora, Clerk, was examined by the Enquiry Officer

who supported the case disclosed in the Charge Sheet. It is found that in the year 1995 the workman attended duty

for 78 days, in the year 1996 for 127 days and in the year 1997 for 58 days only. Four punishment orders were also

placed before the Enquiry Officer. It was concluded by the Enquiry Officer that the charge levelled against Mantu

Ghosh stood proved beyond doubt. After the Enquiry Report were submitted before the competent authority on

04.03.1998 a 2nd Show Cause Notice was issued to the workman bearing No. CGM/JNR/PER/08/98/5152 dated

06/10.03.1998, wherein it was clearly mentioned that from the enquiry report it was evident that the charge against

Mantu Ghosh has been established beyond doubt. Copy of Domestic Enquiry and Report was forwarded to the

workman at his home address under registered post, granting him time to submit his explanation within three days

form the date of receipt of the communication. After waiting for a considerable period, on 27.03.1998 the competent

authority issued the letter of dismissal to Mantu Ghosh with immediate effect. The copy of the letter of dismissal has

been produced as Exhibit M-8.

11.

In the present case the workman as well as his dependents have taken a plea that Mantu Ghosh was under

medical treatment at the Sub-Divisional Hospital, Asansol due to Tuberculosis. There was no occasion for the

workman to file any medical document before the management as he was already dismissed from service on

27.03.1998 i.e. prior to his date of returning to his workplace on 12.04.1998. The workman admittedly remained

absent from his duty from 21.12.1997 and did not think it necessary to inform the reasons of his absence to the

management. It is true that the management could not produce the A/D cards or postal receipts in respect of Charge

Sheet, Notice of enquiry, 2nd Show Cause Notice, and order of dismissal which were issued to the workman at his

home address at Vill: Kalipur, PO: Dakshinkhanda, PS: Andal, Dist.: Burdwan (West Bengal). The documents

which have been produced by the management show that they were sent to the workman at his home address. On

one hand the management has produced an array of documents in connection with the Domestic Enquiry and various

communication were made to the workman in different dates and on the other hand the workman who remained

absent from duty for such a long period without intimation has simply raised question that he was unaware about the

Domestic Enquiry and the order of dismissal is illegal. Having considered the various documents and evidence

produced by the management witness, I have no hesitation to hold that the management of 1 and 2 Incline under

Jhanjra Area of ECL had provided reasonable opportunity to the workman to participate in the enquiry proceeding

and submit his representation against the findings of the Enquiry Officer after issuance of the 2nd Show Cause

Notice. In view of the facts and evidence on record, I hold that there is no extenuating circumstance in favour of the

workman and the management committed no illegality in holding the Enquiry Proceeding in respect of the charge of

unauthorized absence of the workman for more than ten days and his habitual absence from duty. I hold that there is

no merit in the case of the workman and find no reason for interfering with the impugned order of dismissal.

Accordingly, the dependents of the dismissed workman are not entitled to any relief of back wages. The Reference

case is accordingly dismissed on contest.

Hence,

ORDERED

that the Industrial Dispute is dismissed on contest. An award be drawn up in light of my above findings.

Let copies of the Award in duplicate be sent to the Ministry of Labour, Government of India, New Delhi for

information and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1122.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मेससव लिंिुस्ट्तान जिृयाडव जलजमटेड ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; हैदराबाद ds iapkV (37/2022) izdkf”kr djrh gSA

[la- ,y - 39025/01/2024- vkbZ vkj (ch-II)-18]

सलोनी, उृ जनिेिक

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2435

New Delhi, the 10th June, 2024

S.O. 1122.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.37/2022) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Hyderabad as shown in the Annexure, in the industrial dispute between the management of M/s. Hindustan

Shipyard Limited and their workmen.

[No. L-39025/01/2024– IR (B-II)-18]

SALONI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 21st day of March, 2024

INDUSTRIAL DISPUTE No. 37/2022

Between:

Sri Seboco Chota,

D.No.28-45-1, Vadlapudi Post,

Near Mee Seva 2nd Line,

Kanithi RH Colony,

Visakhapatnam- 530 005.

..….Petitioner

AND

The chairman-cum-Managing Director,

M/s. Hindustan Shipyard Limited,

Gandhigram(P.O.),

Visakhapatnam – 530 005.

… Respondent

Appearances:

For the Petitioner :

Ms. G. Manjula, Advocate

For the Respondent: Representative

AWARD

The Government of India, Ministry of Labour by its order No. 8/5/2022-B1 dated 11.2.2022 referred the

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

management of Sri Seboko Chota and their workman. The reference is,

SCHEDULE

“Whether the action of the Management of M/s. Hindustan Shipyard Limited, Visakhapatnam in

dismissing the services of Sri Seboko Chota, Ex.Jr. Assistant w.e.f. 25.4.2018 is legal and justified or not?

If not, to what relief the workman is entitled to?”

The reference is numbered in this Tribunal as I.D. No. 37/2022 and notices were issued to the parties concerned.

2.

Petitioner absent on the date fixed for filing of claim statement and documents. Record reveals that notice

served on Petitioner but none present on behalf of Petitioner. It seems Petitioner do not want to pursue his case.

Hence, a ‘No Claim’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 21st day of

March, 2024.

IRFAN QAMAR, Presiding Officer

2436

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

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

Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1123.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

इंजडयन ओवरसीि बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; हैदराबाद ds iapkV (11/2012) izdkf”kr djrh gSA

[la- ,y - 39025/01/2024- vkbZ vkj (ch-II)-19]

सलोनी, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1123.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.11/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Hyderabad as shown in the Annexure, in the industrial dispute between the management of Indian Overseas Bank

and their workmen.

[No. L-39025/01/2024- IR(B-II)-19]

SALONI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: -

Sri Irfan Qamar

Presiding Officer

Dated the 27th day of March, 2024

INDUSTRIAL DISPUTE L.C.No. 11/2012

Between:

Sri G. Veenesh Babu,

S/o G. Govinda Rao,

R/o 1-3-748, Kawadiguda,

Hyderabad.

..….Petitioner

AND

1.

The Branch Manager,

Indian Overseas Bank,

Kukatpally Branch, HIG-493,

Phase-VI, KPHB Colony,

Hyderabad

2.

The General Manager,

Industrial Relations Department,

Central Office, Chennai – 600 002.

….Respondents

Appearances:

For the Petitioner :

M/s. J. Umamaheswara Rao and M. Madhusudhan, Advocates

For the Respondent:

M/s. E. Madan Mohan Rao & M. Srinivas, Advocates

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2437

AWARD

Sri G. Veenesh Babu, who worked as Temporary Messenger (who will be referred to as the workman) has

filed this petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents seeking for

declaring the proceeding dated 1.7.2010 issued by Respondent as illegal, arbitrary and to set aside the same

consequently directing the Respondents to reinstate the Petitioner into service duly granting all the consequential

benefits such as continuity of service, back wages and all other attendant benefits etc., and such other reliefs as this

court may deems fit.

2.

The averments made in the petition in brief are as follows:

The Petitioner submits that, he was appointed by the 1st Respondent as Temporary Messenger w.e.f. 1.1.2005 and

he served in the Organization to the utmost satisfaction of his Senior Officers and that his name was also sponsored

by the Employment Exchange, after his name was sponsored from the Employment Exchange an interview was also

conducted during the month of July, 2008 and he was successful in the interview and he was informed that his

services will be regularized as Messenger, after getting the approval from the Central office i.e., the 2nd Respondent.

It is further submitted that, during the year 2008 a Certificate was issued by the 1st Respondent to enable the

Petitioner to get employment in other branches on regular basis. In fact, the 1st Respondent has engaged the

Petitioner in their extension counter i.e. Nalanda Branch Extension, which was subsequently regularized. In fact,

the 1st Respondent has extracted services of the Petitioner till June, 2010 by paying his salary from their

miscellaneous account. The Petitioner was asked not to attend his duties w.e.f. 1.7.2010, without assigning any

reason and in violation of the provisions of Industrial Disputes Act, 1947. In fact, he filed an application before the

Regional Labour Commissioner (Central) but, no avail. It is submitted that, each and every employer is following

the total unfair Labour Practice by following hire and fire system by taking undue advantage of the Judgment of

Hon'ble Supreme Court in Uma Devi Vs. State of Karnataka (2006 (4) SCC 1) wherein it was held that Workman

cannot be regularized if their appointments were not made in accordance with the law. Thus, it is clear that, the

observations and guidelines prescribed by the Hon'ble Supreme Court are about the Public Employment but not

about the Employment / Problems covered under Industrial Dispute Act. Moreover, our Country's economy is

mainly based on manpower but not on technical power, but the Industries are taking undue advantage by adopting

the unfair labour practice, thus depriving the workers from their legal entitlements prescribed under Industrial

Disputes Act. It is further submitted that, as far as the sponsoring the name from the Employment Exchange, it is

not mandatory that the Petitioner should be sponsored from the Employment Exchange. In the instant case the

Petitioner was engaged by the Respondent on temporary basis and also got interviewed by the Respondent through

Employment Exchange, even his application along with certain understandings was also obtained by the 1st

Respondent. Inspite of these things his case was not considered for regularization, instead his services were

terminated w.e.f. 1.7.2010. It is submitted that, the Respondents may take the shelter Hon'ble Supreme Courts

Judgment on the point non-reference of the Petitioner's name from the Employment Exchange (Uma Devi's

Judgment), but they cannot violate the provisions of Employment Exchanges Act, 1959. As per this Act under

Section 44(4) on Employer to recruit the persons sponsored by the Employment Exchange. In view of the above it

is clear that the Respondent cannot support his stand of termination of the Petition, from service as legal, and is

violative of the law and on the following points:

a) The Petitioner was engaged for a period of more than 5 Years

b) His name was sponsored by the Employment Exchange while he was in service during the year 2008.

c) Even he was permitted to attend the interview in July, 2008

d) His services were terminated through an oral order w.e.f.1.7.2010 without assigning reason.

e) Even the post is still vacant and they getting the work done by getting people from other branches namely

Ratnakar and Lakshmi and some other people whose names and particulars will be furnished at the time

evidence.

Thus, it is clear that, the services of the Petitioner as the Temporary Messenger were terminated in violation of the

provisions of Section 25 (F) and Section 25 (N) of Industrial Disputes Act, 1947. In view of the above, it is prayed

to set aside the oral termination order dated 1.7.2010 by directing the Respondents to reinstate the Petitioner into

their services with back wages and all other consequential and service benefits entitled under Industrial Disputes

Act.

3.

The Respondents filed counter denying the averments made in the petition, with the averments in

brief which runs as follows:

It is submitted that the Applicant was appointed by the 1st Respondent as Temporary Messenger w.e.f. 01.01.2005

and he served in the or ganization to the utmost satisfaction of his senior officers is incorrect. The Workman was not

appointed as Temporary Messenger in the bank at any point of time. As such, the question of his working to the

utmost satisfaction of his senior officers does not arise. It is submitted that it may be true that the name of Workman

was sponsored by the Employment Exchange and he was called to appear for an interview but his claim that he was

successful in the interview is not true as successful candidates are not denied employment and have been recruited

2438

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

by the bank. His claim that he was informed that his services will be regularised as messenger is misconceived and

incorrect and it is further submitted that Respondent bank never assures such things. It is further submitted that the

Petitioner services were terminated by the 1st Respondent without assigning any reason is misconceived and

incorrect as the Workman was never appointed by the Respondent bank in any capacity, question of termination

does not arise. The averments that the Applicant was selected and appointed as a Messenger in four branches is also

incorrect. The Applicant was never selected, never appointed as Messenger in the Respondent bank. The allegation

that the 1st Respondent has engaged the Petitioner in their extension counter i.e., Nalanda branch extension, which

was subsequently regularized is also incorrect. The bank also deny the issuance of any certificate as the bank

never issued any certificate to get employment in other branches on regular basis. The allegation that the Workman

was asked not to attend his duties w.e.f. 01.07.2010 without assigning any reason and in violation of the provisions

of Industrial Disputes Act, 1947 is incorrect. It is submitted that each and every employer is following the total

unfair Labour practice by following hire and fire system by taking undue advantage of the Judgment of Hon'ble

Supreme Court in Uma Devi Vs. State of Karnataka (2006 (4) SCC 1) is misconceived. The reference to the other

orders of the Hon'ble courts have no relevance to the present dispute. It is submitted that Respondents deny having

engaged the Petitioner for a period of more than 5 years. It may be true that he might have attended the interview in

2008, however, appearing for an interview does not confer a right to the member for employment. As the

Applicant/Petitioner/ Workman not even employed by these Respondents, terminating his services does not arise

and Respondents have no role to play. It is denied that the post of Messenger at Kukatpally is vacant at present and

that a regular full time messenger is attached to the branch. It is submitted that the application of the

Applicant/Workman is devoid of merits and that the application itself is not maintainable under I.D. Act, 1947 and

also without jurisdiction and Respondents have not violated any provisions of the I.D. Act, 1947 as alleged by the

Petitioner. Therefore, it is prayed that the petition be dismissed.

4.

During the hearing, the claimant workman has testified himself as WW1 and exhibited the documents

Ex.W1, service certificate issued by first Respondent dated 8.6.2011 and application to ALC(C) dated 6.1.2012.

On the other hand, the Respondent Management has examined witness MW1 and exhibited the document Ex.M1.

5.

Both parties have filed written arguments.

6.

On going through the rival pleadings of both the parties and arguments advanced, the following

points emerge for determination:-

I. Whether the action of the Respondent Bank in terminating the services of the workman by oral orders

dated 1.7.2010 is legal and justified?

II. To what relief is the Petitioner entitled?

Findings:-

7.

Point No.I:

The claimant WW1 in his sworn testimony has stated that he joined the services of the

Respondent as a temporary Messenger on 1.1.2005, through due process and ever since the date of joining he had

worked continuously with best of his ability and utmost satisfaction of his superiors till his services were

terminated by first Respondent on 30.6.2010 without assigning any reason. Further, WW1 testified that on

30.6.2010 he was informed orally not to attend duties from 1.7.2010 and while terminating his services orally

neither he was issued one month pay in lieu of the notice nor paid with compensation. Petitioner claimant submitted

that his oral termination dated 1.7.2010 from service is illegal and in violation of the provision of Sec.25F of the ID

Act and he is liable to be reinstated into the service with continuity of the service, attendant benefits and full back

wages.

8.

On the other hand Respondent has refuted the contention of the Petitioner as stated by WW1. Respondent

witness MW1 has testified in his sworn testimony that the Petitioner workman was never appointed as a temporary

messenger in the bank at any point of time and he was never selected nor appointed as a messenger in the

Respondent bank. Further, MW1 states that the Petitioner workman had worked only as a temporary messenger

during the period 2005-2008 on daily wages basis and he never worked at Extension Counter at Nalanda Branch, nor

in other four branches as alleged in the application. Further, MW1 states that and the Respondent bank has not

violated any provisions of the I D Act, 1947. Further, witness MW1 testifies that Respondent has not engaged the

Petitioner for a period of more than five years and he was never selected in any interview or nor appointed as a

regular employee of the Respondent bank and as such, the question of termination from service does not arise.

Further, witness states that the Petitioner has not filed any single document to show that he was selected for the post

of Messenger. Thus, from the above statement of the MW1 it is deducible that the witness stood firm regarding

his statement of chief affidavit and nothing contradictory has been elicited in the cross examination. Thus, the

claim of the Petitioner workman has been refuted by the Respondent witness MW1.

9.

The burden of proof lies on the Petitioner workman to prove the plea that his oral termination is in

violation of the provision of Sec. 25F of the Act. In this context relevant provision of Sec.25F of the I.D. Act, 1947

is extracted below:-

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2439

Section 25F provides:-

Conditions precedent to retrenchment of workmen.- No workman employed in any industry who has been in

continuous service for not less than one year under an employer shall be retrenched by that employer until—

(a) the workman has been given one month' s notice in writing indicating the reasons for retrenchment and the

period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice:

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'

average pay for every completed year of continuous service] or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified

by the appropriate Government by notification in the Official Gazette].

Compensation to workmen in case of transfer of undertakings.

Section 25B defines the term continuous service which provides

Definition of continuous service.- For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted

service, including service which may be interrupted on account of sickness or authorized leave or an accident or a

strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the

workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six

months, he shall be deemed to be in continuous service under an employer--

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with

reference to which calculation is to be made, has actually worked under the employer for not less than--

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

Further, in the case of Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004)

Hon’ble Apex Court have laid down the principle regarding burden of proof to prove contravention of

provision of Sec.25 F of the Act:-

"It was the case of the workman that he had worked for more than 240 days in the year concerned. This claim was

denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year

preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot

be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had

worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)

SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere

non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the

workman had worked for 240 days as claimed."

In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195)Hon'ble Supreme Court of India have

held "the burden was on the workman to show that he was working for more than 240 days in the preceding one

year prior to his alleged retrenchment." In M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was

again reiterated in paragraph 11 as follows: "The above burden having not been discharged and the Labour Court

having held so, in our opinion, the Industrial Court and the High Court erred in basing an order of reinstatement

solely on an adverse inference drawn erroneously ..”

In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex

Court held that "the initial burden of proof was on the workman to show that he had completed 240 days of

service."

In the case of Mohan Lal v. Management BEL 1981 SCC 225, the Hon’ble Apex Court have held that:

"Before a workman can claim retrenchment, not being in consonance of Section 25 of the ID act. he has to show that

he has been in continuous service of not less than 1 year with the employer who had retrenched him from service.”

"Clause (2)(a) provides for a fiction to treat a workman in continuous service for a period of one year despite the

fact that he has not rendered uninterrupted service for a period of one year but he has rendered period of 240 days

during the period of 12 calendar service for months counting backwards and just preceding the relevant date being

the date of retrenchment. In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to

determine first the relevant date, ie the date of termination of service which is complained of as retrenchment. After

that date is ascertained, move backward to a period of 12 months just preceding the date of retrenchment and then

ascertain whether within the period of 12 months, the workman has rendered service for a period of 240 days. If

these three facts are affirmatively answered in favor of the workman pursuant to the deeming fiction enacted in

2440

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

clause (2)(a) it will have to be assumed that the workman is in continuous service for a period of one year and he

will satisfy the eligibility qualification enacted in Section 25-F"

In view of Law laid down by Hon’ble Apex Court as discussed above, the burden of proof to prove the fact, that

workman had worked for 240 days continuously in a calendar year just preceding from the date of termination lies

on the workman. Now let us examine whether workman herein has succeeded to discharge his burden of proof.

10.

Petitioner Witness WW1 in his sworn testimony has reiterated averments made in the claim statement.

WW1 was cross examined by the Respondent counsel and in his cross examination witness states,

“ I have only filed the service certificate under Ex.W1 and I have not filed any other document regarding my

appointment under the Respondent. I have not filed any document to show that I was selected in the interview

conducted in the year 2008. I have not filed any document or any letter of the bank enabling me to work under any

other branches of the Respondent bank. I have not filed any salary certificate issued by the Respondent bank in my

favour. Further, witness WW1 states, I have orally terminated from the Respondent’s bank from 1.7.2010. It is a fact

on 17.10.2012 I had submitted a representation to the Respondent bank, the xerox copy of the same is marked as

Ex.M1. It is a fact that in Ex.M1 I have mentioned that I have worked under Respondent ‘s bank from 2004 to 2009.

It is a fact that I have not mentioned in my representation vide Ex.M1 about my oral termination in the year 2010

and in my representation I have only requested for a permanent job. It is fact that as per Ex.W1 I was working from

2005 to 2008 in the Respondent’s bank on daily wages basis. It is fact that as per Ex.W1 I was working under the

Respondent bank from 2005 to 2008. It is not correct to say that I am not an employee under the Respondent bank

and that the question of my termination does not arise.”

Therefore, from the statement of WW1 in cross examination it delineates that the claimant Petitioner had worked in

the Respondent bank from 2005-2008 on daily wages basis as per Ex.W1. But, He has not filed any appointment

letter or salary certificate or an other document pertaining to his appointment in the Respondent bank against any

post. Therefore, in absence of such documentary evidence, the claim of Petitioner that he was appointed as a

temporary messenger in the Respondent bank can not be accepted. However, whatever documents has been

submitted by Petitioner in evidence does not pertain to his appointment in Respondent bank as he claims. Ex.W1

goes to show that the testimonial work certificate has been issued by the senior Manager of the Bank which only

certify that the claimant Petitioner Sri G. Veenesh Babu has worked as a temporary Messenger during the period

2005-2008 in the Kukatpally branch of Respondent bank on daily wages. This document does not disclose that the

Petitioner was ever appointed on any post of temporary Messenger in the Respondent bank. Apart from the Ex.W1,

Ex.W2 is the representation addressed to the Asst. Labour Commissioner(C). Petitioner has moved it to ALC(C)

regarding his oral termination from the service by the Respondent bank. Except above mentioned two documents,

no other documentary evidence has been filed by the Petitioner to fortify his claim that he was appointed by the

Respondent as temporary Messenger w.e.f. 1.1.2005. In order to prove his termination in contravention of the

provisions of Sec.25F burden of proof lies upon the shoulder of the Petitioner that he had worked for 240 days

continuously in the Respondent bank just preceding to the date of his termination from the service in a 12 months of

calendar year. But the Petitioner failed to adduce any evidence to this effect. Therefore, the contention of the

claimant Petitioner that he has been terminated in contravention of the provisions of Sec.25F of the ID Act, 1947 is

untenable and not acceptable. However, the Petitioner in his claim statement states that he had worked in the

Respondent bank as messenger for the period from year 2005 to 2008. Whereas the Respondent has filed Ex.M1

which is the copy of the application dated 17.10.2012 addressed to the Regional Office of Indian Overseas Bank

by the applicant Petitioner and that has been admitted by WW1 in his cross examination. It is quite surprising on

going through the application that the applicant has not mentioned regarding his oral termination in his application

and moreover has prayed for his appointment as a permanent employee in the branch on the basis of the ground that

he had worked in Respondent bank during the period from 2004 to 2009.

9.

Thus, claim of Petitioner regarding duration of work in Respondent bank is contradictory as made in claim

statement. On going through evidence on record, I am of the view that Petitioner failed to establish his claim by

his evidence that his termination from service is in contravention of provision of sec.25F of the I.D. Act, 1947.

Therefore, action of Respondent in terminating the services of Petitioner is legal and justified.

This Point No.I is answered accordingly.

10.

Point No.II: In view of the fore gone discussion, and law laid down by the Hon’ble Apex Court, as

discussed in preceding paragraph I am of the view that the Petitioner is not entitled to any relief and his petition is

liable to be dismissed.

Thus, Point No.II is answered accordingly.

AWARD

In view of the fore gone discussion and finding at Points No. I & II, I am of the considered view that the

action of the Respondent Bank in terminating the services of the workman by oral orders dated 1.7.2010 is legal and

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2441

justified. Hence, the Petitioner is not entitled to any relief as prayed for. As such, the petition filed by the Petitioner

deserves to be dismissed as devoid of merits. Therefore, the petition is dismissed.

Award is passed accordingly. Transmit.

Dictated Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 27th day of March, 2024.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri G. Veenesh Babu

MW1: Sri Jyoti Prakash Dutta

Documents marked for the Petitioner

Ex.W1:

Photostat copy of service certificate of WW1 dt.8..2011

Ex.W2:

Photostat copy of representation of WW1 to ALC(C) dt.6.1.2012

Documents marked for the Respondent

Ex.M1:

Photostat copy of representation from WW1 to Respondent dt.17.10.2012

नई दिल्ली, 10 िून, 2024

का.आ. 1124.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds कमांडेंट, 27, फील्ड गोला बाप ि जडृो जृन-909427 सी/ओ 56 एृीओ, मेिर ऑदफसर कमांलडंग, 25 ृोटवर कंृनी, जृन

909427 सी/ओ 56 एृीओ, ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je

U;k;ky; t;iqj ds iapkV (44/2019) izdkf”kr djrh gSA

[la- ,y-12025/01/2024- vkbZ vkj (ch-I)-159]

सलोनी, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1124.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.44/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jaipur as shown in the Annexure, in the industrial dispute between the management of The Commandant, 27,

Field Ammunition Depot PIN- 909427 C/O 56 APO, The Major Officer Commanding, 25 Porter Company, Pin

909427 C/O 56 APO, and their Workmen

[No. L-12025/01/2024- IR(B-I)-159]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

CUM-LABOUR COURT, JAIPUR (RAJASTHAN)

Presiding Officer – Radha Mohan Chaturvedi

I.D No. – 44/2019

(Ref. No. AJ-8/2/40/2019-I.R)

Dated: 23.08.2019

Gori Shankar S/O Shri Bihari Lal aged about 30 years resident of Chaukhuti Phatak, Bikaner

APPLICANT

Verses

1. The Commandant, 27, Field Ammunition Depot PIN- 909427 C/O 56 APO.

2. The Major Officer Commanding, 25 Porter Company, Pin 909427 C/O 56 APO.

-RESPONDENTS

2442

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Present: Shri Santokh Singh advocate, for Applicant.

None is present for Respondents.

AWARD Dated: 20.12.23

1. The Deputy Chief Labour Commissioner (Central Ajmer) in exercise of powers conferred under clause (d) of sub

section (1) and sub section (2 A) of section 10 of the Industrial Dispute Act 1947 (In short “The Act”) and issuance

of the notification number S.O. 1936 (E) dated 10th June 2019 had referred the following industrial dispute for

adjudication to this tribunal.

“Whether the action of the Major, Officer Commanding, 25, Porter Company Pin No. 909427 C/o-56

APO in retrenching the services of Shri Gori Shankar S/o Shri Bihari Lal, Porter w.e.f. 06.03.2003 is legal

and justified? If not, to what relief the concerned workman is entitled to, and what directions are necessary in

the matter?”

2. The applicant filed his statement of claim on 24.01.20 before this tribunal. Summarized contentions of applicant

are as under.

3. The applicant was appointed by the major officer commanding, 25 porter company, as a porter on 25.05.2002 on

daily wages basis under “Parakram Operation”. The respondent no. 2 has issued a certificate of experience on

05.03.2003 mentioning that the applicant has served as porter during “Operation Parakram” from 25.05.2002 to

03.03.2003 but from 06.03.2003 onwards he was not allowed to work and was informed that his services as porter

have been retrenched. Services of applicant has been retrenched illegally without giving any show cause notice. The

applicant has worked for more than 240 days continuously and thus has become a regular workman of 25 porter

company. His retrenchment from services without following the provisions of the act is illegal and violating of

section 25-F of the Act. The respondent neither circulated the seniority list of porters nor followed the seniority

order. This act of respondent is violating of section 25-G of the Act. The respondent did not follow the principle of

last come first go and thus violated the provision of section 25-G of the act. The applicant had made so many

requests to the respondent to continue his services but all in vain. The respondent have terminated services of the

applicant illegally without providing any opportunity to defend. Therefore the statement of claim may be allowed,

the retrenchment of applicant be quashed and the applicant be reinstated and ordered to be allowed all benefits of

regular pay scale.

4. On 24.02.20 notices issued against respondent were found well served as per track record available but no one

appeared on behalf of respondent. Therefore ex–parte order was passed against respondent no. 1. similarly on

18.01.21 ex-parte order was passed against respondent no. 2 also due to its absence without any reason.

5. The applicant has examined himself in its evidence and exhibited annexures A/1, A/2 and A/3 as documentary

evidence.

6. On 12.12.23 None appeared on behalf of respondents. Therefore arguments of applicant heard ex-parte and

considered the evidence available on record.

7. Learned counsel for applicant during his arguments has stressed upon, on-oath statements of applicant Gori

Shankar which has not been controverted by the respondents and drew my attention towards exhibit A2 the

experience certificate issued to applicant by the respondent. He has contended that respondent has admitted that the

applicant Gori Shankar has worked during “Operation Parakram” from 25th May 2002 to 3rd March 2002. Thus the

applicant has completed more than 240 days continuous service under respondent. According to provisions of

section 25-B of the Act applicant has completed continuous service of one calendar year preceding to the date of

termination of the applicant. He has further contented that respondent had not issued any notice prior to termination

of service and not paid any notice pay in lieu of notice and also not paid retrenchment compensation as per

provisions of the Act. Respondents have not followed the provision of section 25-G and H by issuing seniority list

and giving preference in service upon the juniors of applicant.

8. A judgement of Honourable MP High Court Sachiv Krishi Upajmandi Samiti Sanawad Vs Mahendra

Kumar((2004) 101 FLR 176) has been cited by the applicant in support of its arguments.

9. I have given thoughtful consideration to the arguments, and ratio propounded in the judgement.

10. First of all it is to be made clear that the burden of proof to prove that the applicant workman has worked more

than 240 days in one calendar years preceding the date of termination lies upon the workman concerned. The

applicant has in its evidence exhibited annexure A-2 the experience certificate issued by major officer commanding

25 porter company. This certificate clearly discloses that this experience certificates was issued on the basis of

services rendered by the applicant for a limited period which was scheduled for “Operation Parakram” from

December 2001 to March 2003. The applicant has served during this operation from 25th May 2002 to 3rd March

2003. It is pertinent to note that when an operation is scheduled to commence a date of termination of the activities

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2443

of operation concerned is also fixed. Such type of operations are not continuously held but scheduled for a task for a

limited or determined period, as is clear from exhibit annexure A-2 in which the duration of “Operation Parakram”

has been mentioned as “December 2001 to March 2003”. It means during this limited period, to perform the work of

porter, services of applicant were hired for a limited period which was scheduled to end by March 2003.

11. As per definition of retrenchment, as given under section 2 (oo) “Retrenchment” means the termination by the

employer of the service of the workman for any reasons what so ever, otherwise than as a punishment inflicted by

way of disciplinary action but does not include- voluntary retirement of the workman or retirement on reaching the

super-annuation, if the contract of employment between the employer and the workman concerned, contains a

stipulation in that behalf, or termination of the services of the workman as a result of non renewal of the contract of

the employment between the workman and the employer on its expiry, or of such contract being terminated under

stipulation in that behalf, contained there in. A bare perusal of Annexure A-2 certificate clearly expresses that the

“Operation Parakram” was for a limited (fixed) period and a stipulation is impliedly made that the services are taken

for a limited period of the operation concerned. The term of operation was to expire by March 2003. Thus the

services rendered by the applicant as per this experience certificate (Annexure A-2) was for a limited period up to

March 2003. In this factual scenario the termination of services with effect from 06.03.2003 was not a retrenchment,

as per provisions contained in section 2(oo)(bb) of the Act.

12. As the termination of services of the applicant was not retrenchment under the provisions of section 2(oo)(bb) of

the Act the provisions of section 25-F of the Act are not attracted for compliance by the respondent. Though the

applicant has completed 240 days of service in a calendar year.

13. Hon’ble MP High Court in its judgement cited by the applicant has propounded that when it is concluded on the

basis of facts and evidence that respondent workman has worked continuously for more than 240 days in one

calendar year and no retrenchment compensation was paid prior to termination, such retrenchment is illegal and the

workman in entitled to take benefits of reinstatement in service and back wages. The ratio of this judgement is not to

be followed as the facts of the dispute in hand are not similar to this judgement. The termination of service of

applicant does not appear to be a retrenchment under section 2(oo)(bb).

14. Considering this state of affairs and evidence particularly exhibit annexure A-2, the termination of service of

applicant with effect from 06.03.2003 is found legal and justified as this tenure of service of applicant was for a

limited period of “Operation Parakram” which was scheduled from December 2001 to March 2003. The applicant is

therefore not entitled to get any relief from the respondents.

15. The referred dispute is adjudicated and answered as above. Copy of the Award be sent for publication under the

provision of section 17(1) of the act.

RADHA MOHAN CHATURVEDI, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1125.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मजससव एन.के.िी. इंफ्रास्ट्रक्चर जलजमटेड (ठेकेिार) ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V

vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;] 2 दिल्ली ds iapkV (08/2018) izdkf”kr djrh

gSA

[la- ,y -12025/01/2024- vkbZ vkj (ch-I)-160]

सलोनी] उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1125.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.08/2018) of the Cent.Govt.Indus.Tribunal -cum- Labour Court No -

2 Delhi as shown in the Annexure, in the industrial dispute between the management of M/s N.K.G. Infrastructure

Ltd. ( Contractor) and their workmen.

[No. L-12025/01/2024– IR(B-1) -160]

SALONI, Dy. Director

ANNEXURE

BEFORE SH. ATUL KUMAR GARG, PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL-CUM-

LABOUR COURT NO-II, NEW DELHI

I.D. No. 08/2018

Sh. ShambhuNathYadav S/o SagunYadav

2444

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Versus

1.

M/s NBCC Ltd. (P.E)

Throuhg its Chairman

NBCC House Lodhi Road,

New Delhi-110003

2.

M/s N.K.G. Infrastructure Ltd. (Contractor)

Through its Managing Director,

1107 Kailash Building, 26 K.G. Marg,

New Delhi-110001.

AWARD

This is an application U/s 2A of the I.D Act filed by the claimant against his illegal termination. It is the

case of the workman that he had been working at the post of mechanic with the management at the last drawn

salary of Rs. 20,000/- per month. He did his work well and has not given any chance of making any complaint to

the management nor he was charged while he was in service. Since beginning management has not been

providing any legal facility i.e. appointment letter, I-card, Salary slip, Leave record and Bonus etc. When the

workman had raised his voice against the management, his services was terminated without assigning any reason

on 10.06.2017 which is violation of labour law. It is further his case that he had sent the demand letter asking the

management to take him on job, however management had not replied nor he was taken on job. He had filed his

claim before the conciliation officer, however, conciliation become failure. Hence, he has filed his claim with the

prayer that he be reinstated with full back wages since the date of termination, he is jobless.

Respondent-1 had filed the reply and denied the employer and employee relationship between the workman

and him. He submits that the management has awarded the contract to the management-2 for hiring of the

manpower. He submits claim is liable to be dismissed. Management-2 had not appeared and his right to file the W.S

was closed vide order dated 07.08.2018.

Rejoinder has also been filed by the claimant to the W.S of the management-1 wherein, he had denied the

averment made by the M-1 and affirmed the averment made in the claim.

From the pleadings of the parties, vide order dated 30.08.2018 following issues have been framed:

1. Whether the termination of the claimant by the management is illegal and against the provision of I.D. Act ?

2. Whether the claim petition is not maintainable against management in view of various preliminary

objections?

3. Whether the claimant is entitled for reinstatement into service with back wages as claimed and litigation

expenses.

In order to prove his case, workman had tendered his affidavit in evidence, however, thereafter, workman had

stopped him coming to the court for the purpose of cross-examination. Vide order dated 22.02.2023 evidence

tendered by the claimant stood expunged.

In the absence of any evidence on record, workman claim is resulted into failure. Hence, his claim is stand

dismissed. Award is accordingly passed. A copy of this award is sent to the appropriate government for notification

of U/S 17 of the I.D Act. File is consigned to record room.

Date 14th March, 2024

ATUL KUMAR GARG, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1126.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/11/2022) dks izdkf”kr

djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[l- ,y-22012/04/2022-vkbZ-vkj- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2445

New Delhi, the 10th June, 2024

S.O. 1126.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/11/2022) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of N.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/04/2022– IR (CM-II)]

MANIKANDAN. N , Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/11/2022

Present: P.K.Srivastava

H.J.S..( Retd)

The Joint General Secretary,

National Coal Mines Workers Union(INTUC),

Regional Office, Chandameta,

Dist. Chhindwara – 480447

Workman

Versus

The Sub Area Manager,

Nehria Sub-District, Vekoli,

Pench Area, District Chhindwara(M.P.)

Management

A W A R D

(Passed on this 22nd day of May-2024.)

As per letter dated 02/02/2022 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

L-22012/04/2022 (IR(CM-II)) dt. 02/02/2022. The dispute under reference related to :-

“क् या, उृक्षेत्र प्रबन् िक, नेिररया उृक्षेत्र वेकोजल, ृेंच क्षेत्र, जिला लछंिवाड़ा (मध् य प्रिेि) द्वारा कामगार श्री

सरवन कुमार ईले दफटर केटेगरी –VI ( टोकन नंबर – 189) को, उनसे िूजनयर कामगारों को ृिोन् नत कर, उन्िें ( श्री

सरवन कुमार को ) अजसस्ट् टेन् ट फोरमेन इले ग्रेड सी में ृिोन् नत निीं दकया िाना न् यायोजचत िज? यदि निीं, तो श्री सरवन

कुमार, क् या अनुतोष ृाने के िकिार िज? ”

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

them. Time was allotted to the workman to submit his statement of claim. In spite of the allotment of time and

service of notice, the workman never turned up and submitted his statement of claim. Management also did not file

its written statement of claim/ defence. No evidence was ever produced by any of the parties in this Tribunal.

The Initial burden to prove his claim is on the workman. Since the workman did not file any pleading nor

did he file any evidence, in the absence of any evidence in support of holding the claim of the workman not proved,

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

AWARD

In the light of this factual backdrop, holding that the claim of the workman is not proved, the

reference deserves to be answered against the Workman and is answered accordingly.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

DATE: 22/05/2024

2446

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 10 िून, 2024

का.आ. 1127.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर सी/04/2017) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22013/01/2024-vkbZ-vkj- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1127—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/RC/04/2017) of the Central Government Industrial Tribunal-

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

S.E.C.L. and their workmen, received by the Central Government on 06/06/2024.

[No. L-22013/01/2024– IR (CM-II)]

MANIKANDAN. N , Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/RC/04/2017

Present: P.K.Srivastava

H.J.S..(Retd)

Nek Mohammad S/o. Late Shri Baitullah

Mechanical Fitter, Category-VI at Regional

Workshop, Korea Colliery of SECl, Chirimiri Area

PO : Katkona, Distt.- Korea (CG)

Workman

Versus

The Chief Manager (Electrical & Mechanical)

SECL, Regional Workshop, Korea Colliery, Chirimiri Area

District Korea (CG)

The General Manager

SECL, Chirimiri Area, PO: West Chirimiri Colliery

Distt.- Korea (CG)

Management

(JUDGEMENT)

(Passed on this 29th day of April 2024)

The workman Nek Mohammad has filed this petition U/S. 2-A of Industrial Disputes Act, 1947 (in short

the ‘Act’) against termination of his services on 27.04.2016 by management. According to the petitioner he was

born in Village Dudahi, P.S. Bishunpura, District Kushi Nagar (UP). His father’s name was Iqbal but he was

adopted by Baitullah R/o. Korea Colliery (MP), now in Chhattisgarh in the year 1965 and adoption date was

executed between his biological parents and adoptive parents on 05.05.1965. He was married with daughter of his

adoptive parents. He was given temporary appointment in 1980 as substitute mazdoor being dependant of Baitullah.

His services were regularized on 11.04.1981, he worked for 34 years when in 2008, he was served a notice by

management with a complaint of one Satyapoojan Mishra that he got appointment as substitute mazdoor on fake

documents claiming himself to be son of Baitullah whereas he was son of Iqbal. He submitted his reply and

proceedings were dropped by management. Again he was issued same notice on 10.09.2014. He submitted his reply

on 13.09.2014. A charge sheet dated 04.06.2015 was issued by management under Clause-26.1 & 26.9 of Certified

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2447

Standing Orders. He filed his reply dated 07.06.2015 to the charge sheet wherein he stated that he was adopted by

Baitullah by the consent of his biological parents and since then, he was member of Baitullah family as his adopted

son. He used name of his adoptive father since thereafter in every record. The management decided to conduct an

enquiry to the charges which was conducted not in accordance with the principles of natural justice. The Enquiry

Officer wrongly recorded a finding that charges were proved. The Disciplinary Authority wrongly accepted the

enquiry report and illegally ignored his representation on the enquiry report thus passing the impugned punishment

of termination of his services, which is against law. The workman has thus prayed that holding the impugned

punishment against law, he be reinstated with back wages and benefits.

The management has defended its action and impugned order with a case that there was no illegality

committed during enquiry, the charges were rightly held proved and punishment was also proportionate to the

charges.

Following issues were framed on the basis of pleadings :-

1. Whether the Departmental enquiry conducted is legal and proper or not ?

2. Whether the charges are proved from the enquiry ?

3. Whether the punishment is disproportionate to the charge ?

4. Relief to which the workman is entitled ?

Issue No.-1 was taken as preliminary issue and was decided holding the departmental enquiry proper and legal. This

order is part of this Award.

Parties were granted opportunity to lead evidence on remaining issues. No evidence was adduced by any of the

parties.

I have heard argument of learned Counsel for management. None appeared for workman. No written argument has

been filed by the any of the parties. I have gone through the record as well.

Issue No.-2:-

As it comes out from the perusal of enquiry papers that defense of the workman during the enquiry, with reference

to the charges was that he was adopted by Baitullah. He produced some unregistered adoption document also during

the enquiry. Since he is a Muslim, his personal law do not recognize adoption. Hence, any so called adoption will

not change his parentage because such an adoption has no force of law. Secondly, there is also evidence on record

collected during the enquiry that at the place of his biological parents, he had mentioned his biological parents in

Government documents maintained there. Hence, in the light of these facts, the finding of the Enquiry Officer

cannot be faulted in law or fact and is affirmed. Issue no.-2 is answered accordingly.

Issue No.-3 & 4:-

Since these issues are inter connected, they are being taken together.

The charges provide maximum punishment of termination /dismissal. Since, the workman got employment

as substitute labour being dependant of his so called adoptive parents which he was not, his appointment was void as

it was obtained by concealment of material facts. Hence, the punishment also cannot be held excessive to the charge.

Consequently, the workman is held entitled to no relief.

Issue No.-3 and 4 are answered accordingly.

In the light of above discussion and findings, following Award is passed.

AWARD

Petition dismissed. No order as to cost.

DATE:- 29/04/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1128.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/40/2017)dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/96/2017-

- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

2448

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

New Delhi, the 10th June, 2024

S.O. 1128.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/40/2017) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/96/2016– IR (CM-II)]

MANIKANDAN. N , Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/40/2017

Present: P.K.Srivastava

H.J.S..(Retd)

Shri Shyamlal Baiga

S/o. Late Sukhdev Baiga

Through Secretary, Janta Mazdoor Sangh

O/o. B-36, Store Complex, Amradandi,

PO: Amlai, Colliery, Distt.- Shahdol (MP)

Workman

Vs

The General Manager & 2 other

Johilla Area SECL

PO: Naurojabad, Distt.- Umariya (MP)

Management

(JUDGEMENT)

(Passed on this 30th day of April 2024)

As per letter dated 18/04/2017 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-

22012/96/2016 IR(CM-II) dt. 18/04/2017. The dispute under reference relates to:

JBP/54/1625

After registering a case on the basis of the reference, notices were sent to the parties and were served.

Parties appeared and filed their respective statements of claim and defense.

According to the workman union, the workman Shyamlal Baiga was appointed with the Management on

13.08.1989 and worked on the post of Loader Category-II under Chapaha Colliery, the attendance clerk informed

him that he was transferred and directed him to meet the Manager of Colliery. He went to the Manager and

requested the Manager to give him transfer order which he was not given and Manager directed him to collect the

transfer order after sometime. Thereafter, he went several times to the Manager and requested him to handover the

transfer order he was not given any transfer order. He kept attending his work place and as last resort, he went to

management with a letter on 11.12.2004 and requested the management to take action in his matter but management

refused to receive his letter, hence he sent it on 11.12.2004 by registered post. Management took no action on his

letter. He again contact the General Manager who directed him to collect his transfer order from the Colliery Office.

Thereafter, he contacted the Manager at Colliery and requested him to take him back on duty or dismiss him from

services if they are unable to take him on duty. He was orally informed that he could not be taken back on duty and

he has been removed from services. He was not issued nor was he given any termination order inspite of his request

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2449

to provide the termination order. According to the workman, he was removed from services without giving him

opportunity of hearing which is arbitrary and unjust. The workman side has thus prayed that setting aside his

termination order, he be held entitled to be reinstated with back wages and benefits.

In its written statement of defense, the management has taken a case that the workman last worked at

Umariya (Chapaha) Colliery in 1993 as claimed by him. In fact, he was initially appointed at Birsinghpur Colliery

SECL on 13.08.1989, he was transferred from Birsinghpur Colliery to Chapaha Colliery. He was transferred on

01.07.1994 to Pipariya Colliery vide order dated 01.07.1994 and was relieved on 04.07.1994 with a direction to

report for duty at the place of his transfer Pipariya Colliery. He never reported at Pipariya Colliery on his transfer.

His whereabouts were not known he absented thereafter, hence management initiated disciplinary proceedings

against him for the charge of unauthorized and willful absence, which is a misconduct in the Certified Standing

Orders. He did not participate in the enquiry though notice of the enquiry was sent to him on his residential address

maintained in his service records.

According to management, in fact the workman himself abandoned from the service, hence he was

removed from service. It is further the case of management that the date of superannuation of the workman was

31.05.2025, he raised the dispute after about 20 years of from his absence, hence his claim is barred by unexplained

delay and latches on his part. Management has accordingly requested that the reference be answered against the

workman.

In evidence, the management filed photocopy documents out of which the admitted documents are Ex. M/3

transfer order dated 03.06.1993, Reliving order dated 24.03.1993 issued by management Ex. M/2, Form-B of

workman Ex. M/1, application to Controlling Authority for payment of gratuity, Voter Card, notice of appearance

before Controlling Authority issued to management, reply of management and application of workman, all

photocopies admitted by workman marked Ex. M/4 to M/8. The documents filed by the workman and proved are

Ex. W/1 application dated 11.12.2014 and receipt of registry Ex. W/2. The workman has filed his affidavit as his

examination in chief and has been cross examined by management.

Management has filed affidavit of its witness as its examination in chief, workman has cross examined this

witness.

I have heard arguments of Shri Satyendra Kumar Advocate for workman and Shri Anoop Nair Senior

Counsel for management assisted by Shri Neeraj Kewat Advocate and have gone through the record.

The reference itself is the issue for determination.

As regards the first point in the reference, case of the workman is that he was never served any transfer

order. He kept insisting that transfer order be given him so that he could join at the place of transfer but his this

request was not granted by management. According to the workman he was only informed orally about this transfer.

Management has stated that transfer order was issued in writing, it was pasted on the notice board and was

served on the workman. He was relieved from the place of his posting to join at the place of his transfer alongwith

other co-workers. Management has proved these documents. From perusal of these documents, it is proved that the

transfer order was not oral rather it was in writing and was duly notified on the workman and this issue is answered

accordingly.

As regards the second point in the reference, the case of the workman is that he kept attending the office

till 2014 but was not allowed to work nor was he allowed to sign the attendance register. He has stated this fact in

his statement on oath. Case of management is that the workman was issued transfer order vide office order dated

01.07.1994 and was released to proceed on transfer along with co-workers who were also transferred under the same

order and relieved for joining at place of their transfer. The case and the statement of the workman that he kept

insisting that his transfer order be given to him and that he continuously attended the office from 1994 to 2014 but

was not paid his wages nor was he allowed to sign the attendance register, also no work was allotted him is so

inherently improbable that it cannot be believed by anyone having even least common sense. From evidence on

record, it is established that the workman voluntarily abandoned his service. Learned Counsel for management has

referred to Judgment of Hon’ble the Apex Court in the case of Vijay S. Sathey vs. Indian Airlines, reported in

(2013) 10 SCC 253. The relevant paragraphs of this Judgment are being reproduced as follows :-

“This extract is taken from Vijay S. Sathaye v. Indian Airlines Ltd., (2013) 10 SCC 253 : (2014) 1 SCC

(L&S) 760 : 2013 SCC OnLine SC 805 at page 257

12. It is a settled law that an employee cannot be termed as a slave, he has a right to abandon the service any

time voluntarily by submitting his resignation and alternatively, not joining the duty and remaining absent for

long. Absence from duty in the beginning may be a misconduct but when absence is for a very long period, it

may amount to voluntary abandonment of service and in that eventuality, the bonds of service come to an end

automatically without requiring any order to be passed by the employer.

2450

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

13. In Jeewanlal (1929) Ltd. v. Workmen [AIR 1961 SC 1567] this Court held as under : (AIR p. 1570,

para 6)

“6. … there would be the class of cases where long unauthorised absence may reasonably give rise to an

inference that such service is intended to be abandoned by the employee.”

(See also Shahoodul Haque v. Registrar, Coop. Societies [(1975) 3 SCC 108 : 1974 SCC (L&S) 498 : AIR

1974 SC 1896] .)

14. For the purpose of termination, there has to be positive action on the part of the employer while

abandonment of service is a consequence of unilateral action on behalf of the employee and the employer has

no role in it. Such an act cannot be termed as “retrenchment” from service. (See State of Haryana v. Om

Parkash [(1998) 8 SCC 733 : 1999 SCC (L&S) 262] .)

15. In Buckingham and Carnatic Co. Ltd. v. Venkatiah [AIR 1964 SC 1272] , while dealing with a similar

case, this Court observed : (AIR p. 1275, para 5)

“5. … Abandonment or relinquishment of service is always a question of intention, and, normally, such an

intention cannot be attributed to an employee without adequate evidence in that behalf.”

A similar view has been reiterated in G.T. Lad v. Chemical and Fibres of India Ltd. [(1979) 1 SCC 590 : 1979

SCC (L&S) 76 : AIR 1979 SC 582]

16. In Syndicate Bank v. Staff Assn. [(2000) 5 SCC 65 : 2000 SCC (L&S) 601] and Aligarh Muslim

University v. Mansoor Ali Khan [(2000) 7 SCC 529 : 2002 SCC (L&S) 965 : AIR 2000 SC 2783] this Court

ruled that if a person is absent beyond the prescribed period for which leave of any kind can be granted,

he should be treated to have resigned and ceases to be in service. In such a case, there is no need to hold an

enquiry or to give any notice as it would amount to useless formalities. A similar view has been reiterated

in Banaras Hindu University v. Shrikant [(2006) 11 SCC 42 : (2007) 1 SCC (L&S) 327] , Chief Engineer

(Construction) v. Keshava Rao [(2005) 11 SCC 229 : 2005 SCC (L&S) 872] and Bank of Baroda v. Anita

Nandrajog [(2009) 9 SCC 462 : (2009) 2 SCC (L&S) 689] .”

In the light of the principle of law laid down by Hon’ble the Apex Court in the referred case, the

management is held fully justified in law in not reinstating the workman. The workman thus, is held not entitled to

any relief.

In the light of above discussion and findings, the reference deserves to be answered against the workman

and is answered accordingly. No order as to cost.

DATE:- 30/04/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1129.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/36/2018) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22015/06/2018-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1129.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/36/2018) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024.

[No. L-22015/06/2018– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/36/2018

Present: P.K.Srivastava

H.J.S..(Retd)

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2451

Shri Pyare Lal S/o. Late Jagdish

R/o. Village – Dumarpara, PO: Dumarpara,

Naya Baradwar, PS. – Baradwar,

Distt.- Janjgir – Champa (CG) - 495668

Workman

Vs

The Sub Area Manager

Dhelwadih – Singhali Bagdewa Sub Area

SECL Korba Area, PO: Katghora

Distt.- Korba (CG) - 495445

Management

(JUDGEMENT)

(Passed on this 07th day of May 2024)

As per letter dated 21/08/2018 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 Industrial Disputes Act, 1947 (in short the

‘Act’)as per Notification No. L-22015/06/2018 IR(CM-II) dt. 21/08/2018. The dispute under reference relates to:

“Whether the Action on the part of Sub-area Manager of Dhelwadih – Singhali – Bagdewa Sub-Area of

Korea Area dismissing Shri Pyare Lal S/o. Late Jagdish, General Category-1, vide their letter dated 11.04.2015

from service without conducting proper enquiry and inflicting harsher punishment is appropriate and justified ?

If not, what relief the concerned dismissed workman in the dispute is entitled to ?”

After registering a case on the basis of the reference, notices were sent to the parties and were served.

Parties appeared and filed their respective statements of claim and defense.

According to the workman, he was appointed by management on compassionate basis as dependant son

of his father Jagdish, who was an employee of management and expired on 11.11.2012. He was issued a charge

sheet on 08.01.2014 alleging misconduct on his part under Clause-26.9 of Certified Standing Orders, which he

denied. Basis of the charge was that he was working as Home Guard at the time he filed his application for

compassionate appointment, hence was not dependant on his late father Jagdish at the time of death of Jagdish. He

concealed this fact thus furnished false information regarding his dependency in getting the employment which is

misconduct under Clause-26.9, being reproduced as follows:-

“26.9

Giving of false information regarding one’s age name, father’s name, qualification etc. in

connection with employment.”

He denied the charge and the management passed the order regarding dismissal of his service vide the

impugned order dated 11.04.2015, without conducting any departmental enquiry against the workman which is in

violation of the Certified Standing Orders as well against the principles of natural justice. Hence, according to the

workman, the order regarding his dismissal is arbitrary and bad in law. The workman has prayed that setting aside

his termination, he be reinstated with all back wages and benefits.

In its written statement of defense, the management has taken a stand that the workman concealed the

fact of his working as a Home Guard with Home Guard Organization and obtained compassionate appointment as

dependant son of his late father which is a misconduct in the standing order, hence he was rightly dismissed from

service.

Both the parties have filed oral and documentary evidence which shall be referred to as and when required.

I have heard arguments of Shri Ram Milan Dey Advocate for workman and Shri Neeraj Kewat Advocate

and have gone through the record.

On perusal of record in the light of rival arguments, the only issue arises for determination in the case in

hand is as follows :-

“Whether the dismissal of the workman for the charge under Clause-26.9 of Certified Standing Orders

without holding any departmental enquiry when the charge was denied by the workman is legal ?”

The relevant Clauses of Certified Standing Orders are being reproduced as follows :-

“27.0

Procedure For Dealing with the Cases of Misconduct:-

2452

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

27.1

MINOR PENALTY: where a workman is charged with a misconduct, which may lead to

imposition of a minor penalty, he shall be informed in writing of the allegations made against him and

shall be given an opportunity to explain his conduct within 48 hours. His explanation, if any, shall be

considered before imposing a minor penalty by the Disciplinary Authority. Provided, however, that

where a workman denies the charges alleged against him, no punishment shall be imposed upon unless

a domestic enquiry has been conducted.

27.2

MAJOR PENALTY: Where a workman is charged with a misconduct, which may lead to the

imposition of a major penalty, he shall be informed in writing of the allegations against him and shall be

given an opportunity to explain his conduct within a period of 7 days. On receipt of a workman’s

explanation if it is decided to proceed further an enquiry shall be held. Such enquiry will be conducted

by an officer other than the Officer who has either reported the alleged misconduct or issued the charge-

sheet. AT the enquiry, the employee concerned shall be afforded reasonable opportunity of explaining

and defending his conduct with the assistance of the fellow workmen or Office bearer of the Trade

Union of which he is a member if so requested by him. Where such enquiry relates to the alleged

misconduct of several workman, the enquiry may be held for all the workmen together.

27.2.1 Where a disciplinary proceedings against a workman is contemplated or is pending or where

criminal proceedings against him in respect of any offence are under investigation or trial and the

employer is satisfied that it is necessary or desirable to place workmen under suspension, he may, by an

order in writing, suspend him with effect from such date as may be specified in the order. A statement

setting out in detail the reason for such suspension shall be supplied to the workmen within a week from

the date of suspension.

27.2.2 During the period of his suspension, the workman shall not enter the work premises except with

the permission of the management, nor shall he leave station without the permission of the management.

27.2.3 If during the enquiry it is found that the workman is guilty of a misconduct other than that

stated in the order of suspension and/or the charge sheet, the workman shall be liable to punishment for

such misconduct but before any punishment is imposed on him, he shall be afforded opportunity of

explaining and defending his action in respect of such other misconduct.

27.2.4 The payment os subsistence allowance will be subject to a written declaration by the workman

that he is not engaged in any other employment, business, profession or vocation.

27.2.5 If after enquiry/or conclusion of the criminal proceedings a workman is held guilty of the

charges alleged against him or some other charges brought in the course of the enquiry or is convicted

in the criminal proceedings and is consequently discharged or dismissed, he shall not be entitled to any

remuneration for such period other than the subsistence allowance already paid to him. If a penalty

other than dismissal, discharge or removal is imposed on him or he is exonerated or charges against him

are dropped or he is not convicted in the criminal proceedings, he shall be paid the difference of

subsistence allowance already paid to him and, the wages which he would have got if he had not been

suspended except in case where he is suspended, not exceeding ten days, as a measures of punishment.

27.2.6 No order of discharge or dismissal from service shall be made by an authority lower than the

appointing authority of the workman.

27.2.7 IN awarding the punishment, gravity of the misconduct the previous record of the workman and

any other extenuating or aggravating circumstance, that my exist shall be taken into account. A copy of

the order passed by the Disciplinary Authority shall be supplied to the workman concerned.

27.2.8 If a workman refuses to accept a charge sheet order or any other communication served on him

in accordance with these standing orders, a copy thereof shall be sent to him by Registered A/D post to

his local as well as permanent address as recorded with the Company and another copy pasted on the

Notice Board which shall constitute adequate service of such document.”

From the perusal of the aforesaid provisions, it is clear that the workman could not be awarded major

punishment of dismissal of his services without departmental enquiry when he denied the charges. Hence, the action

of the management in terminating his services is nothing but arbitrary, capricious and against law.

Before parting, it appears proper to mention here that Judicial Notice can be taken of the fact that in Home

Guard Organization, the Home Guard is not a regular employee. He is a volunteer who is called for service as and

when required for which he is paid honorarium. Even if the workman was working as a Home Guard, he cannot be

assumed in any regular and beneficial employment. It is nowhere required that for compassionate appointment as

dependant of a deceased employee, his dependant should be a street beggar.

In the light of above discussion and finding, the action of management in dismissing the services of the

workman is held against law.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2453

The relevant paragraphs of a leading judgment of Supreme Court in the case of Deepali Gundu Surwase

vs. 2013 SCC OnLine SC 719 at page 358 are being reproduced as follows :-

“This extract is taken from Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya, (2013) 10 SCC

324 : (2014) 2 SCC (L&S) 184 : 2013 SCC OnLine SC 719 at page 356

38. The propositions which can be culled out from the aforementioned judgments are:

38.1. In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the

normal rule.

38.2. The aforesaid rule is subject to the rider that while deciding the issue of back wages, the adjudicating

authority or the court may take into consideration the length of service of the employee/workman, the nature of

misconduct, if any, found proved against the employee/workman, the financial condition of the employer and

similar other factors.

38.3. Ordinarily, an employee or workman whose services are terminated and who is desirous of getting back

wages is required to either plead or at least make a statement before the adjudicating authority or the court of first

instance that he/she was not gainfully employed or was employed on lesser wages. If the employer wants to avoid

payment of full back wages, then it has to plead and also lead cogent evidence to prove that the employee/workman

was gainfully employed and was getting wages equal to the wages he/she was drawing prior to the termination of

service. This is so because it is settled law that the burden of proof of the existence of a particular fact lies on the

person who makes a positive averment about its existence. It is always easier to prove a positive fact than to prove a

negative fact. Therefore, once the employee shows that he was not employed, the onus lies on the employer to

specifically plead and prove that the employee was gainfully employed and was getting the same or substantially

similar emoluments.

38.4. The cases in which the Labour Court/Industrial Tribunal exercises power under Section 11-A of the

Industrial Disputes Act, 1947 and finds that even though the enquiry held against the employee/workman is

consistent with the rules of natural justice and/or certified standing orders, if any, but holds that the punishment was

disproportionate to the misconduct found proved, then it will have the discretion not to award full back wages.

However, if the Labour Court/Industrial Tribunal finds that the employee or workman is not at all guilty of any

misconduct or that the employer had foisted a false charge, then there will be ample justification for award of full

back wages.

38.5. The cases in which the competent court or tribunal finds that the employer has acted in gross violation of

the statutory provisions and/or the principles of natural justice or is guilty of victimising the employee or workman,

then the court or tribunal concerned will be fully justified in directing payment of full back wages. In such cases, the

superior courts should not exercise power under Article 226 or 136 of the Constitution and interfere with the award

passed by the Labour Court, etc. merely because there is a possibility of forming a different opinion on the

entitlement of the employee/workman to get full back wages or the employer's obligation to pay the same. The

courts must always keep in view that in the cases of wrongful/illegal termination of service, the wrongdoer is the

employer and the sufferer is the employee/workman and there is no justification to give a premium to the employer

of his wrongdoings by relieving him of the burden to pay to the employee/workman his dues in the form of full back

wages.

38.6. In a number of cases, the superior courts have interfered with the award of the primary adjudicatory

authority on the premise that finalisation of litigation has taken long time ignoring that in majority of cases the

parties are not responsible for such delays. Lack of infrastructure and manpower is the principal cause for delay in

the disposal of cases. For this the litigants cannot be blamed or penalised. It would amount to grave injustice to an

employee or workman if he is denied back wages simply because there is long lapse of time between the termination

of his service and finality given to the order of reinstatement. The courts should bear in mind that in most of these

cases, the employer is in an advantageous position vis-à-vis the employee or workman. He can avail the services of

best legal brain for prolonging the agony of the sufferer i.e. the employee or workman, who can ill-afford the luxury

of spending money on a lawyer with certain amount of fame. Therefore, in such cases it would be prudent to adopt

the course suggested in Hindustan Tin Works (P) Ltd. v. Employees [Hindustan Tin Works (P) Ltd. v. Employees,

(1979) 2 SCC 80 : 1979 SCC (L&S) 53] .

38.7. The observation made in J.K. Synthetics Ltd. v. K.P. Agrawal [(2007) 2 SCC 433 : (2007) 1 SCC (L&S)

651] that on reinstatement the employee/workman cannot claim continuity of service as of right is contrary to the

ratio of the judgments of three-Judge Benches [Hindustan Tin Works (P) Ltd. v. Employees, (1979) 2 SCC 80 : 1979

SCC (L&S) 53] , [Surendra Kumar Verma v. Central Govt. Industrial Tribunal-cum-Labour Court, (1980) 4 SCC

443 : 1981 SCC (L&S) 16] referred to hereinabove and cannot be treated as good law. This part of the judgment is

also against the very concept of reinstatement of an employee/workman.

2454

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

39. Reverting to the case in hand, we find that the management's decision to terminate the appellant's service

was preceded by her suspension albeit without any rhyme or reason and even though the Division Bench of the High

Court declared that she will be deemed to have rejoined her duty on 14-3-2007 and entitled to consequential

benefits, the management neither allowed her to join the duty nor paid wages. Rather, after making a show of

holding inquiry, the management terminated her service vide order dated 15-6-2007. The Tribunal found the action

of the management to be wholly arbitrary and vitiated due to violation of the rules of natural justice. The Tribunal

further found that the allegations levelled against the appellant were frivolous. The Tribunal also took cognizance of

the statement made on behalf of the appellant that she was not gainfully employed anywhere and the fact that the

management had not controverted the same and ordered her reinstatement with full back wages.”

In the light of the aforesaid principle of law laid down, the workman is held entitled to be reinstated with all

back wages and benefits, on the post held by him at the time of his dismissal. He is further held entitled to arrears to

be paid by management within 30 days from the date of publication of the Award in official Gazette, failing which

interest @ of 8% per annum from the date of Award till payment. He is also held entitled to litigation cost Rs.

10,000/- to be paid by management within 30 days from the date of publication of the Award in official Gazette,

failing which interest @ of 8% per annum from the date of Award till payment.

In the light of above discussion and findings, following Award is passed.

AWARD

Holding the action of management in dismissing the workman Pyarelal, General Category-I vide

letter dated 11.04.2015 against law and unjust, he is held entitled to be reinstated with all back wages and

benefits, on the post held by him at the time of his dismissal. He is further held entitled to arrears to be paid

by management within 30 days from the date of publication of the Award in official Gazette, failing which

interest @ of 8% per annum from the date of Award till payment. He is also held entitled to litigation cost Rs.

10,000/- to be paid by management within 30 days from the date of publication of the Award in official

Gazette, failing which interest @ of 8% per annum from the date of Award till payment.

DATE:- 07/05/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1130.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]

dsUnzh; ljdkj डब्लू. सी. एल. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ’V vkS|ksfxd fookn esa

–

सह

–

] िबलृुर ds iapkV

(एलसी/आर/81/2017) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks

izkIr gqvk FkkA

[la- ,y-22012/123/2016-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1130.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/81/2017) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of W.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/123/2016– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/81/2017

Present: P.K.Srivastava

H.J.S..(Retd)

Mohd. Naseem Siddqui

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2455

Zonal Mahamantri

Coal Mines Engineering Workers Association

Ward No.-10, Gudhi, P.O.- Palachaurai

Distt.- Chhindwara (MP)

Workman

Versus

Regional General Manager

Western Coal Field Ltd. Kanhan Area

Dungariya, P.O.- Dungariya,

Distt.- Chhindwara (MP)

Management

(JUDGEMENT)

(Passed on this 29th day of April 2024)

As per letter dated 05/06/2017 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per Notification No. L-

22012/123/2016 IR(CM-II) dt. 05/06/2017. The dispute under reference relates to:

II,

III

After registering a case on the basis of the reference, notices were sent to the parties and were served. The

workman side did not appear and did not file any statement of claim. Management has file its written statement of

defense.

In its written statement of defense, the management has taken a stand that NCWA VIII was in force at the

time of retirement of the workman Rauf Khan on 30.06.2011 which does not contain this provision, hence, the claim

of the applicant cannot be considered in law. Accordingly, management prayed that the reference be answered

against the applicant.

Both the sides have laid evidence in form documents and affidavits to be referred to as and when required.

I have heard argument of learned Senior Counsel Shri Anoop Nair assisted by Advocate Shri Shubham

Nanepag for management. None was present from the side of workman union for argument. No written submissions

have been filed by any of the parties. I have gone through the record as well.

On the perusal of record in the light of argument the following limited point arises for determination in this

case.

Whether provisions of NCWA applicable at the time of superannuation of the workman Rauf Khan

on 30.06.2011 will govern the claim of the applicant ?

No doubt Clause-10.4.4 and 9.4.4 provide for appointment one dependant of an employee who has

superannuated in the service of management on the vacancy arising out of this superannuation but in the NCWA’s

which came in operation after NCWA IV i.e. NCWA V to NCWA IX in operation on the date of filing written

statement of defense by management, there is no such provision. Management has referred to a Judgment of

Hon’ble High Court of M.P. in W.P. No.-4996/2015 Vasudev Raut vs. Chairman, Coal India, wherein it has been

held that the NCWA in force at the time of superannuation of the workman will guide the claim of the applicant

regarding appointment as dependant of superannuated workman. In another case Indian Bank & Others vs. Promila

& Others (2020) 2 SCC 729, on the point whether a claim for compassionate appointment under scheme of a

particular year could be decided based on subsequent scheme that came into course much after the claim, it was held

that the claim could be decided on the basis of the scheme in force at the time of death of the employee. On this

analogy also the claim of the present applicant will be decided on the basis of NCWA VIII in force at the time of

superannuation of workman Rauf Khan on 30.06.2011 which does not contain any such provision.

In the light of above discussion and findings, the reference deserves to be answered against the workman

and is answered accordingly. No order as to cost.

DATE:- 29/04/2024

P. K. SRIVASTAVA, Presiding Officer

2456

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 10 िून, 2024

का.आ. 1131.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/99/2017) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/06/2017-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1131.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/99/2017) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024

[No. L-22012/06/2017– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO.CGIT/LC/R/99/2017

Present: P.K.Srivastava

H.J.S..(Retd)

Dy. General Secretary

Rashtriya Colliery Workers Federation

Federation Office, Chirimiri, PO: Chirimiri

District Korea (CG) - 497449

Workman

Versus

The Senior Manager

SECL, Duman Hill Group of Mines

PO: Sonawani, Distt. Korea (CG)

Management

(JUDGEMENT)

(Passed on this 1st day of May 2024)

As per letter dated 11/07/2017 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 Industrial Disputes Act, 1947 as per

Notification No. L-22012/06/2017 IR(CM-II) dt. 11/07/2017. The dispute under reference relates to:

“Whether the action on the part of management of Duman Hill Group of Mines of SECL Chirimiri area

in dismissing the service of Shri Kaloo S/o. Suma w.e.f. 10.10.2015 after rendering a service period of 25 years on

misconduct ground without properly following the principles of natural justice is appropriate and justified ? If

not, what service benefit Shri Kaloo S/o. Sooma espoused by the General Secretary, Rashtriya Colliery Workers

Federation Chirimiri, District Korea (CG) is entitled to ? ”

After registering a case on the basis of the reference, notices were sent to the parties and were served.

Parties appeared and file their respective Statement of Claims and Defense.

According to the workman union, the workman Kaloo S/o. Suma was first appointed as a General Mazdoor

Category-I on 22.03.1990 on dependant appointment under the provisions of NCWA-III according to which if a

workman died while in service or was declared medically unfit by a board constituted by management his dependant

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2457

is provided employment. Workman Suma was declared medically unfit and Kaloo, who claimed himself to be

dependant son of Suma was given appointment in place of Suma. He worked with the management for 25 years

when a complaint was made to management that the real name of Kaloo was Lingraj who is S/o. Balaji and he

obtained job in the name of dependant of medically unfit workman Suma by falsely and fraudulently. The

management served a charge sheet to the workman Kaloo leveling following charges against him under 26.09 and

26.22 of Standing Order which is as follows:-

26.09:-

Furnishing wrong information with respect to name, age, father’s name, qualification etc. with

respect to employment.

26.22:-

Knowingly doing an at which breaks discipline or which is against the interest of management.

Thus the basis of the charges that the workman Kaloo got dependant appointment by claiming himself to be

Son of worker Suma who was medically unfit, whereas the workman was Kaloo S/o. Balaji and his real name was

Lingraj.

According to the workman union, a departmental enquiry was conducted by management against all the

principles of natural justice and against the rules. The Enquiry Officer wrongly held the charges proved against the

workman. The Disciplinary Authority wrongly accepted the enquiry report and passed punishment disproportionate

to the charge.

Management has rebutted the allegations with a case that enquiry was rightly conducted, charges were

rightly held proved and punishment is also proportionate to the charges.

Following preliminary issue was framed on the basis of pleadings.

Whether the departmental enquiry conducted by management is just, legal and proper ?

On the basis of the evidence, this preliminary issue was decided in favour of management holding the

departmental enquiry legal and proper vide order dated 13.02.2024. This order is part of this Award.

Following additional issues were also framed on the basis of pleadings:-

1) Whether the charges are proved on the basis of enquiry ?

2) Whether the punishment awarded to the workman is proportionate to the charges ?

3) Whether the workman is entitled to any relief ?

Parties were given opportunity to lead evidence on these additional issues, no evidence was adduced by any

of the parties on these additional issues. Management has filed and proved enquiry papers Ex. M/1 to M/42, to be

referred to as and when required.

None was present from the side of workman union. No written argument filed by them. Argument of

learned Counsel for management Shri Neeraj Kewat were heard by me and the record has also been perused.

Issue No.-1:-

The charges against the workman were as follows:-

26.09:-

Furnishing wrong information with respect to name, age, father’s name, qualification etc. with

respect to employment.

26.22:-

Knowingly doing an act which breaks discipline or which is against the interest of management.

The settled law is that the standard of proof required to prove a charge during departmental enquiry and in

criminal trial is different. In the former, charge is to be proved to the extent of preponderance whereas in the later,

charge is to be proved beyond reasonable doubt.

Scope of disciplinary proceedings and scope of criminal proceedings are quite distinct, exclusive and

independent of each other. Standards of proof in the two proceedings are also different. Ref. T.N.C.S. Corpn. Ltd.

vs. K. Meerabai, (2006) 2 SCC 255

Standard of proof in a departmental enquiry which is quasicriminal/quasi-judicial in nature: Disciplinary

proceedings, however, being quasi-criminal in nature, there should be some evidence to prove the charge.

Although the charges in a departmental proceedings are not required to be proved like a criminal trial i.e. beyond

all reasonable doubts, we cannot lose sight of the fact that the enquiry officer performs a quasijudicial function, who

upon analyzing the documents must arrive at a conclusion that there had been a preponderance of probability to

prove the charges on the basis of materials on record. While doing so, he cannot take into consideration any

irrelevant fact. He cannot refuse to consider the relevant facts. He cannot shift the burden of proof. He cannot reject

the relevant testimony of the witnesses only on the basis of surmises and conjectures. Ref: (i) Nirmala J. Jhala Vs.

2458

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

State of Gujarat & Another, AIR 2013 SC 1513 (paras 10 , 11, 12 & 13). (ii) M.V. Bijlani Vs. Union of India,

(2006) 5 SCC 88 (Para 25)

In the cases of (i) NOIDA Entrepreneurs Association Vs NOIDA & others, AIR 2007 SC 1161 (i4i) State

Bank of India Vs. R.B. Sharma, (2004) 7 SCC 27 (iii) Kendriya Vidyalaya Sangathan Vs. T. Srinivas, (2004) 7

SCC 442 (iv) Depot Manager, APSRTC Vs. Mohd. Yousuf Miya, (1997) 2 SCC 699 (v) Captain M. Paul Anthony

Vs. Bharat Gold Mines Limited (1999) 3 SCC 679 and (vi) State of Rajasthan Vs. B.K. Meena, (1996) 6 SCC 417

(vi) Pratap Singh Vs. State of Punjab, AIR 1964 SC 72 (vii) Jang Bahadur Singh Vs. Baij Nath, AIR 1969 SC 30,

it has been laid down by the Hon'ble Supreme Court that "the purpose of departmental enquiry and of prosecution

are two different and distinct aspects. Departmental Enquiry is to maintain discipline in the service and efficiency of

public service. Crime is an act of commission in violation of law or of omission of public duty. The enquiry in a

departmental proceeding relates to the conduct or breach of duty by the delinquent officer to punish him for his

misconduct defined under the relevant statutory rules or law. It is the settled legal position that the strict standard of

proof or applicability of the Evidence Act stands excluded in a departmental proceeding. Criminal Proceedings and

the departmental proceeding under enquiry can go on simultaneously."

In the case of T.N.C.S. Corporation Ltd. Vs. K. Meerabai, (2006) 2 SCC 255, it has been held by the

Hon'ble Supreme Court that the scopes of the disciplinary proceedings and of criminal proceedings are quite

distinct, exclusive and independent of each other. Standards of proof in the two proceedings are also different.

In the cases of Mohd. Saleem Siddiqui Vs. State of UP & others, (2011) 2 UPLBEC 1575 (Allahabad

High Court) and Ajeet Kumar Naag Vs. General Manager Indian Oil Corporation Ltd. Haldia, JT 2005 (8) SC

425, the distinction between departmental enquiry and criminal proceedings has been drawn as under: "The two

proceedings i.e. criminal and departmental are entirely different. They operate in different fields and have different

objectives. The object of criminal proceedings is to inflict appropriate punishment on offender and the purpose of

enquiry proceedings is to deal with the delinquent departmentally and to impose penalty in accordance service rules

the rule relating to appreciation of evidence in the two proceedings is also not similar. In criminal law burden of

proof is on the prosecution and unless the prosecution is able to prove the guilt of accused beyond reasonable

doubts, he cannot be convicted by a court of law. In departmental enquiry, on the other hand, penalty can be

imposed on the delinquent officer on a finding recorded on the basis of preponderance of probability. Procedure

with respect to standard of proof in criminal case and departmental enquiry are different. In the case of

departmental enquiry the technical rules of evidence have no application and the doctrine of "proof beyond doubt"

has also no application in the departmental enquiry. Criminal prosecution is launched for an offence for violation of

a duty the offender owes to the society or for breach of which law has provided that the offender shall make

satisfaction to the public. So crime is an act of commission in violation of law or of omission of public duty. The

departmental enquiry is to maintain discipline in the service and efficiency of public service. There would be no bar

to proceed simultaneously with departmental enquiry and trial of criminal case. "

In the case in hand, it comes out from perusal of statements of witnesses examined during enquiry that the

applicant workman Kaloo had disclosed that his father’s name was Suma and by representing himself to be

dependant son of Suma, a worker who was declared medically unfit, obtained employment as his dependant. The

witnesses also stated that during the enquiry that the real name was Lingraj who was son of Balaji. It has also come

in the statements of the applicant workman during enquiry that he told Suma as his father and father-in-law both. He

further took a case that in fact, he was adopted by Suma according to customs of his community and was married to

D/o. Suma according to custom. Since, he declares himself a Hindu, Hindu Personal Law will apply in his case. For

a valid and legal adoption, the formalities of adoption, enumerated in the Hindu Adoption and Maintenance Act, are

required to be fulfilled and registration of adoption deed is required. In the case in hand, there is no evidence during

the enquiry that these formalities were followed nor is there any registered adoption deed produced during enquiry.

In the light of above discussion, it is held that the workman could not prove is legal adoption before the

Enquiry Officer. Hence, the finding of the Enquiry Officer holding the charges proved cannot be faulted in law

or fact because without lawful adoption, the applicant workman could not claim himself to be the adopted son and

dependant of Suma. Issue no.-1 is answered accordingly.

Issue No.-2 :-

The settled proposition of law is that Courts will not interfere in the punishment unless it is found to be

shockingly disproportionate to the charges.

Hon’ble Apex Court in B.C. Chayurvedi v. Union of India, (1995) 6 SCC 749 while discussing about the

scope of judicial review, in disciplinary matters, has observed as under:

“The High Court/Tribunal, while exercising the power of judicial review, cannot normally

substitute its own conclusion on penalty and impose some other penalty. If the punishment

imposed by the disciplinary authority or the appellate authority shocks the conscience of the High

Court/Tribunal, it would appropriately mold the relief, either directing the disciplinary/appellate

authority to reconsider the penalty imposed, or to shorten the litigation, it may itself, in

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2459

exceptional and rare cases, imposed appropriate punishment with cogent reasons in support

thereof.”

In DG, RPF vs. Sai Babu (2003) 4 SCC 331, Hon’ble Apex Court has observed that:

“6…………. Normally, the punishment imposed by a disciplinary authority should not be

disturbed by the High Court or a tribunal except in appropriate cases that too only after reaching

a conclusion that the punishment imposed is grossly or shockingly disproportionate, after

examining all the relevant factors including the nature of charges proved against, the past

conduct, penalty imposed earlier, the nature of duties assigned having due regard to their

sensitiveness, exactness expected of an discipline required to be maintained, and the

department/establishment which the delinquent person concerned works.”

In United Commercial Bank vs. P.C. Kakkar (2003) 4 SCC 364 Hon’ble Apex Court on review of a long

line of cases and the principles of judicial review of administrative action under English law summarized the legal

position in the following words:

“11.

The common thread running through in all these decisions is that the court should not

interfere with the administrators’ 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. In view of what has been stated in Wednesbury case the court would

not go into the correctness of the choice made by the administrator open to him and the court

should not substitute its decision to that of the administrator. The scope of judicial review is

judicial review is limited to the deficiency in decision-making process and not the decision.

12.

To put it differently, 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.

Further, to shorten litigation it may, in exceptional and rare cases, impose appropriate

punishment by recording cogent reasons in support thereof.”

In Union of India vs. S.S. Ahluwalia (2007) 7 SCC 257 Hon’ble Supreme Court reiterated the legal

position as follows:

“8.

……… The scope of judicial review in the matter of imposition of penalty as a

result of disciplinary proceedings is very limited. The court can interfere with the

punishment only if it finds the same to be shockingly disproportionate to the charges

found to be proved.”

In State of Meghalaya v. Mecken Singh N. Marak (2008) 7 SCC 580 Hon’ble Supreme Court stated that:

“The punishment imposed by the disciplinary authority or the appellate authority unless

shocking to the conscience of the court, cannot be subjected to judicial review.

Hon’ble Apex Court in Administrator, UnionTerritory of Dadra and Nagar Haveli vs. Gulbhia M. Lad

(2010) 2 SCC (L&S) 101 has observed that

“The legal position is fairly well settled that while exercising the power of judicial review,

the High Court or a Tribunal cannot interfere with the discretion exercised by the

disciplinary authority, and/or on appeal the appellate authority with regard to the

imposition of punishment unless such discretion suffers from illegality or material

procedural irregularity or that would shock the conscience of the court/tribunal. The

exercise of discretion in imposition of punishment by the disciplinary authority or

appellate authority is dependent on host of factors such as gravity of misconduct, past

conduct, the nature of duties assigned to the delinquent, responsibility of the position that

the delinquent holds, previous penalty, if any, and the discipline required to be

maintained in the department or establishment he works. Ordinarily the court or the

tribunal would not substitute its opinion on reappraisal of facts.

This extract is taken from State Bank of Bikaner & Jaipur v. Nemi Chand Nalwaya, (2011) 4 SCC 584 :

(2011) 1 SCC (L&S) 721 : 2011 SCC OnLine SC 416 at page 587

7. It is now well settled that the courts will not act as an appellate court and reassess the evidence led in the

domestic enquiry, nor interfere on the ground that another view is possible on the material on record. If the

enquiry has been fairly and properly held and the findings are based on evidence, the question of adequacy

of the evidence or the reliable nature of the evidence will not be grounds for interfering with the findings in

departmental enquiries. Therefore, courts will not interfere with findings of fact recorded in departmental

enquiries, except where such findings are based on no evidence or where they are clearly perverse. The test

to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or

2460

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

finding, on the material on record. The courts will however interfere with the findings in disciplinary

matters, if principles of natural justice or statutory regulations have been violated or if the order is found to

be arbitrary, capricious, mala fide or based on extraneous considerations. (Vide B.C. Chaturvedi v. Union of

India [(1995) 6 SCC 749 : 1996 SCC (L&S) 80 : (1996) 32 ATC 44] , Union of India v. G.

Ganayutham [(1997) 7 SCC 463 : 1997 SCC (L&S) 1806] , Bank of India v. Degala Suryanarayana [(1999)

5 SCC 762 : 1999 SCC (L&S) 1036] and High Court of Judicature at Bombay v. Shashikant S. Patil [(2000)

1 SCC 416 : 2000 SCC (L&S) 144] .)

In Air India Corporation Bombay vs. V.A. Ravellow 1972 (25) FLR 319 (SC) it has been observed that:

“Once the employer has lost the confidence in the employee and the bona fide loss of

confidence is affirmed, the order of punishment must be considered to be immune from

challenge, for the reason that discharging the office of trust and confidence requires

absolute integrity, and in a case of loss of confidence, reinstatement cannot be directed.”

In Knhaiyalal Agarwal and others vs. Factory Manager, Gwaliar Sugar Co. Ltd. AIR 2001 SC 3645

Hon’ble Apex Court laid down the test for loss of confidence to find out as to whether there was bona fide loss of

confidence in the employee, observing that:

“Loss of confidence cannot be subjective, based upon the mind of the management.

Objective facts which would lead to a definite inference of apprehension in the mind of

the management, regarding trust worthiness or reliability of the employee, must be

alleged and proved.”

In the case in hand management has successfully proved the charges as mentioned above. These charges

are punishable with major punishment including dismissal, termination or removal. Gaining employment on false

particulars is an act of moral turpitude. Considering the nature of charges in the light of above discussion and settled

principles on this point the punishment of his dismissal from service cannot be held excessive to the charge proved.

On the basis of above discussion the punishment is held not disproportionate to the charge and issue

no.-2 is answered accordingly.

Issue No.-3 :-

In the light of findings recorded, the workman is held entitled to no relief.

No other point was argued.

Accordingly, the Reference is answered as follows :-

A W A R D

Holding the action on the part of management of Duman Hill Group of Mines of SECL Chirimiri

area in dismissing the service of Shri Kaloo S/o. Suma w.e.f. 10.10.2015 legal, appropriate and justified, the

workman is held entitled to no relief. No order as to cost.

DATE:- 01/05/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 10 िून, 2024

का.आ. 1132.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

] िबलृुर ds iapkV (एलसी/आर/96/2008) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22015/20/2008-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1132.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/96/2008) of the Central Government Industrial Tribunal-cum-

Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L.

and their workmen, received by the Central Government on 06/06/2024.

[No. L-22015/20/2008– IR (CM-II)]

MANIKANDAN. N, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2461

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOR COURT, JABALPUR

NO. CGIT/LC/R/96/2008

Present- P.K.Srivastava

H.J.S.(Retd)

Shri Taran Singh,

Organiser, H.M.K.P. Bijuri,

PO: South Jhagrakhand Colliery,

Distt. Surguja (C.G.)

Workmen/Union

Versus

The General Manager

Hasdeo Area of SECL,

PO: South Jhagrakhand Colliery,

Distt. Surguja (C.G.)

Management

(A W A R D)

(Passed on this 02nd day of May 2024)

As per letter Dated 09/07/2008, Notification No. L-22015/20/2008-IR(CM-II) by the Government of India,

Ministry of Labor, New Delhi, the reference is made to this Tribunal under Section -10 of I.D.Act, 1947 as per .The

dispute under reference relates to:

“Whether the demand of Hind Mazdoor, Kissan Panchayat for regularization of 132 contract

workers (as per list enclosed) by Management is legal and justified? To what relief the claimants are

entitled?”

After registering the case on the basis of reference, notices were sent to the parties.

According to the statement of claim put up by the Union on behalf of the workmen, as per list enclosed

with the Notification these 132 workmen were working in Hasdeo Area of the Management company, a Government

of India undertaking. These workmen were engaged by the Management through a so called contractor Hasnand

Motwani,the contractor in Bijuri Area for mining jobs of prohibited nature.

Also, it was alleged that these workmen were engaged in work of prohibited nature in violation of

prohibition Notification u/s 10 of The Contract Labour Regulation Act1 970 (in short CLRA). In fact, the workmen

were deployed by Management for the purposes of paying wages lesser than the wages paid to employees of the

Management doing the same job. The Management engaged a contractor who has always been smoke screen and

camouflage in the eyes of law. The Management, after denying that these workers were engaged by them, admitted

before Hon’ble High Court of Chhattisgarh that these workers worked for Management as contract workers.

According to the Union, the real employer is the Management of the South Eastern Coalfields Limited (in short

SECL) and not the ghost intermediary contractor, hence there is a employer- employee relationship between the

workmen and Management of SECL.

Accordingly, it has been prayed that the reference be answered holding the action of Management in not

regularizing the services of these 132 workmen, as per the list annexed with the Notification, illegal and unjustified

and further declare them entitled to all the consequential benefits, and grant further reliefs required in the interest of

justice.

The Management of SECL has, in its statement of defense, pleaded that these applicant/workmen were

never engaged by the Management company nor were they engaged for work of prohibited nature. The identity of

the 132 workmen is also not established. The case of the workmen that they worked for more than 190-240 days in

any year under the direct control and supervision of the management company was also denied. It was also denied

that the work of driving of stone drifts and miscellaneous stone cutting underground was taken from the

applicant/workmen continuously during the relevant period. It was further pleaded by the Management that it was

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[PART II—SEC. 3(ii)]

the practice that for short works, short term contracts are given, the period of which does not exceed six months. For

the purpose of staring a new Mines, Tender Dated 18/12/1999 was issued by Management from registered

contractors for the work of open excavation of No 1&2 incline C-Seam, Somna incline of Bijuri Sub Area. Duration

of the work was from 13/03/1991 to 12/06/1991.The contract was awarded to registered contractor Hansraj Motwani

who had requisite license in CLRA and an agreement was signed between the Management and the contractor

.Thereafter, work order was issued to the contractor. The revised estimate of the work of construction of open

excavation for No 1 &2 incline of C-seam (Somna) incline of Bijuri was issued from time to time. The contractor

was left free to employ workers of his choice and the Management of the company did not have any hold or control

over them except that to see that their wages are paid by contractors in presence of representative of management as

required under ‘CLRA’. The Management has further denied that the requirements under Contract Labor

Regulation& Abolition Act 1970 have not been complied with and has pleaded that the work was never supervised

by the officials of the company except that the execution of the overall work was used to be supervised by the

official of the company. Vocational training was given to workers as it was required under Rules. The labour

payment certificate was issued by the Management after completion of work allotted and accounts were settled.

Accordingly, it has been pleaded that since the workmen were the employees of the contractor they could have best

claimed relief from contractor who is a necessary party to the reference. Accordingly, the management has prayed

that the reference be answered against the workmen. The management has further denied the locus standi of the

applicant Union to raise the dispute on behalf of the workmen.

The workmen Union has filed rejoinder wherein they have denied the pleadings of Management.

In evidence, the Union has filed photocopy of order of Hon’ble High Court of Chhattisgarh Dt05/03/2008

in WP No 1758/1998, directing the Union of India to send reference to this Tribunal Ex W/1, Letter of Ministry to

the Labour Commissioner in the light of the said order Ex W/2, Notification of Government of India dated

09/07/2008,ExhibitW/3 & Intimation of the reference to Union ExW/4,The Union also filed list of the workmen in

the reference with their verified photographs and other details.

2.

The workmen / Union has also filed affidavits of witness Gayadass. the staff of the Contractor, and

workmen, Swamidass, Rohit Prasad, Kunwar Singh, Kishan s/o Nanhu, Narayan Prasad,Indrapal,Kodulal,Lekhram/,

who have been cross examined by Management. Workmen Besahulal, Mahendra Singh, Lalloo, Kamta Prasad

,Sonsai, Bhaiyalal, Nehru, Ramprasad, Komaldass, Mahesh, MunniBai, Gayadass, Bhagwan Dass, BandhuDass,

RamewshGiri, Ramkripal s/o Banaras, Ramkripal s/oGhogha, Ramlal,s/o Besahu, Ramlal s/o s/oSattu and 79 other

workmen have also filed their affidavits as their examination in chief but have not been cross examined by

Management.

Management has filed the affidavits of its witnesses Kamlesh Gautam Colliery Manager,Maya Prakash

Mishra the then Senior Manager and Jayant Kumar Mishra Manager (Law) as their examination in chief out of

which Kamlesh Gautam and Maya Prakash Mishra have been cross examined.

The Management has further proved the Exhibit documents following Exhibit:-

1. Exhibit M-1Tender Notice.

2. Exhibit M-2 work agreement..

3.Exhibit M-3 work order

4. Exhibit M-4 photocopy of license of contractor

5. Exhibit M-4 The registration of the Management in CLRA

6. Exhibit M-5, Map on the basis of which the work was given to the

Contractor.

I have heard arguments of Advocate Mr.R.C.Shrivastava, learned Counsel for Workmen and Mr. Anoop

Nair, learned Senior Counsel for Management. . I have gone through the records.

From the perusal of the record and in the light of rival arguments, following issues, arise in the present

case.

“1:-

Whether the workmen were engaged in work of prohibited category.

2:-

Whether the alleged contracts where sham and bogus, rather a camouflage to deprive the

workmen of their benefits.

3:-

Whether the disengagement of workmen is justified in law and fact.

4:-

Whether the workmen are entitled to any benefits.”

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2463

Issue No 1-

According to the respective claims of the parties in this case, it is alleged from the side of the Workmen

that the said contract is of prohibited category on ground that it was work prohibited by Notification of Government

of India dated 21-1-88.

Section1(5) of the CLRA Act is relevant here which is being reproduced as follows:-

“(a)

It shall not apply to establishments in which work only of an intermittent or casual nature is

performed.

(b)

If a question arises whether work performed in an establishment is of an intermittent or casual

nature, the appropriate Government shall decide that question after consultation with the Central Board or,

as the case may be, a State Board, and its decision shall be final.

Explanation.-- For the purpose of this sub-section, work performed in an establishment shall not be

deemed to be of an intermittent nature—

i. if it was performed for more than one hundred and twenty days in the preceding twelve months, or

ii. if it is of a seasonal character and is performed for more than six months in a year.”

Learned Counsel for the Workmen/Union has further referred to Clause 11.5.1 of the agreement of

NCWA 4/5 which reads as follows:-

“Industries shall not apply labors through contractor or engage contractor’s labor on jobs of permanent

and perennial nature.”

13.Learned Counsel further refers to Notification of Government of India dated 21-6-1988 on record which

prohibits contract labor in following jobs :-

SCHEDULE

1.

Raising or raising-cum-selling of coal;

2.

Coal loading and unloading:

3.

Over burden removal and earth cutting:

4.

Soft coke manufacturing

5.

Driving of stone drifts and miscellaneous stone cutting underground:

Provided that his Notification shall not apply to the following categories:-

(a) Quarries in the North-East Coal Field which can only be worked for a few months every year due to

heavy rainfall in the area:

(b) Quarries located by the side of the riven in Pency valley and similar other patch deposits which can

only be worked when the level of river has gone down and during non-rainy seasons;

(c) Loading coal when there is mechanical failure, failure of power or irregular supply of wagon by the

railway; and

(d) Cutting stone drifts/faults which cannot be detected in advance and are of short duration, say up to six

months.

It is in the argument of learned Counsel of Workmen that since there was in prohibition of NCWA and

CLRA Act, as mentioned above, hence the work for which the so called contractor is alleged to have been engaged

of prohibited nature which could not be done through contractor. On the other hand, learned Senior Counsel for

Management has submitted that the evidence on record as well documents regarding the issuing of tender and work

agreement as well as work order show that the said got executed through the contractor was not of prohibitory

category as mentioned in the Notification dated 21-6-1988. The Management side has referred to the statement of its

witness Kamleshwar Gautam., Colliery Manager Mining who has stated in his affidavit filed as his examination-in-

chief that for the purpose of starting of new mine, certain earth works are required to be done which are

temporary/intermittent and not prohibited under the provision of CLRA Act, were got done by contractor after the

tender process. He further stated that the contract terminated on the completion of the work and also that the work to

open excavation for 1&2 no. of incline of C-seam Somna incline of Bijuri Sub Area granted to Hansanand Motwani,

the successful bidder contractor after inviting tender. Work agreement was entered into between the Management

and the contractor who had all the requisite licenses under CLRA. Thereafter, work order was issued to the

contractor. The period required for completion of the work was from 13/03/1991 to 12/06/1991.The said contractor

was awarded extension of time up to 30/12/1991 for executing the contract. Labour payment certificate was issued

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THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

by Management after completion of the work. Also, he has stated that the Management is registered Principal

employer in CLRA.

This witness has proved these documents. One other document filed by Management, admitted by

workmen/Union, requires to be referred here is the excavation map prepared before excavation which is prepared by

CMPDI. This map is the blue print regarding the area which is to be excavated for mining. This document shows

the proposed area where the mining activity is to be conducted

As submitted by the learned Counsel for the workmen, the work allotted was of driving of stone drifts and

miscellaneous stone cutting underground hence it was a prohibited job for which Notification under Section 10(1) of

CLRA Act was issued in 1988.

On the other hand, it has been submitted by learned Senior Counsel for Management that in fact the work

was allotted for open excavation of incline. Learned counsel has referred to the Proviso-D of the said Notification in

this respect. Further, it has been submitted that in fact excavation, of incline was taken from the workmen wherein

cutting stone rifts/faults which cannot be detected in advance and are of short duration say upto six months is

exempted from prohibition. Also it has been submitted that unforeseen stone layers coming in the way while

executing the work of drivage of inclined shaft are to be of short duration hence cannot be covered under the

prohibition as prohibited work. This argument has been rebutted by learned Counsel for workmen/Union with an

argument that evidence on record in form of statement of witnesses and documents has proved that in the garb of

excavation of incline, in the so called agreement, the work of driving of stone drifts and misc. stone, underground

cutting was taken from the workmen. Learned counsel has referred to the statement of the workmen witness in this

respect firstly. The workmen witnesses have consistently stated that he was engaged by management in Somna

Mines of Bijuri sub-area within Hasdeo area of SECL, for construction of two inclines along with 131 other

labourers. They did removal of mud up to 3 meter down the earth, thereafter the stone drift was used for cutting the

stone in which all the labourers were engaged. This work was done in 3 shifts per day. All the labourers were given

training by the management and were issued Vocational Training Certificate by management after training. The

management had prepared there Form-B as per Rules. Their attendance was recorded by the clerks of the

management in Form-C. Their work was supervised by Supervisors, Mining Sirdars, Overmen and the Manager of

the Mines. These witnesses have further stated that for operating the stone drift inside the Mines, the instruments

and apparatus was supplied by the management. They used to load the stones after blast and also used to operate the

other machines. The cap lamp, safety cap and shoes were also provided by management before their entry inside the

Mines. In their cross examination, these witnesses have mainly denied that they were engaged by the contractor,

they have also denied that they were paid wages by the contractor and have stated that in fact their wages was paid

by management. It is the admitted the case of management initially the work was to be done within the period from

13.03.1991 to 12.06.1991 but this period was extended upto 30.12.1991 and the estimate was also revised, the

Labour Payment Certificate and paper regarding revised estimate proved by management Ex. M/6 & M/5

respectively also shows that this work continued till 30.12.1991.

The witness Banarsi Lal examined from the side of workman union who happens to be an employee of the

contractor have also fully corroborated the aforesaid statements of the workman witnesses. In contrast, there is on

record of the statement of the Colliery Manager Kamlesh Gautam who has corroborated the case of the management

as stated in its written statement of claim. In his cross examination he admits that he is working in this Colliery since

05.04.2020, hence naturally he does not have firsthand knowledge of the facts prevailing during the period of

13.03.1991 to 30.12.1991 at the site. The other management witness who has filed his affidavit in support of

management has stated in his cross examination that he never visited the area since 2010. His affidavit was drafted

by management and was sent to him and thereafter he signed his affidavit. No much credit can be given to this

witness in light of his this statement in his cross examination.

Hence, in the light of these facts, the witnesses from the side of workman union are held to be more

reliable and accordingly the allegations of the workman union that these workman were engaged by

management, also that they were paid by management, their work was supervised by management, they

worked at the site of management, management provided vocational training and instruments to them for the

work and that they were engaged in stone cutting for the Mines also in loading the stones which is prohibited

activity in notification of 1988 referred earlier are held proved.

Hence, the arguments of learned Senior Counsel for management that it could not be detected in advance,

fails in the light of above discussion. It is held proved with the work continued for more than six months,

hence on the basis of these proved facts Proviso-D of the Notification could not apply to the case in hand on

the basis of the evidence as discussed above, it is held proved that the workmen were engaged in driving of

stone drifts and misc. stone cutting underground while taking the work of drivage of Incline which was

known to the management in advance and they were not of a short duration of six months rather they

continued up to more than six months.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2465

Accordingly, the claim of the workmen Union that the work done was prohibited vide Notification of July-

21-1998 and was classified in a prohibited category which could not be taken by contract labor as proved under

Section 10(1) of CLRA Act.

On the basis of the finding recorded above holding that, the work was of prohibited nature as

provided under Clause 5 of Schedule of prohibited works in the prohibition Notification of June-21-88 , Issue

No.1is answered in favor of workmen.

Issue No 2-

Before entering into examination of evidence on this issue produced from both the sides, it is proper to

refer the case laws referred to by both the side learned counsel in this respect is as under-

The learned Counsel for workmen/Union has referred to case law

Hussainbhai, Calicut Vs. The Alath Factory Thezhilali Union, Kozhikode and others, (1978)4 Supreme

Court Cases 257. The relevant portion is reproduced below: -

“Labor and Industrial Law – Industrial Disputes Act 1947 – Section 2(s) – Employer and employee

relationship – Workmen employed by independent contractor to work in employer’s factory –

Whether “workmen” – Tests for determining

The petitioner is a factory owner manufacturing ropes. A number of workmen were engaged to

make ropes but they were hired by contractors who had executed agreements with the petitioner to get

such work done. When 29 of those workmen were denied employment, an industrial dispute was

referred by the State Government and the award was attacked on the ground that the workmen were

not workmen of the petitioner but only of the contractor. The High Court rejected the contention.

Dismissing the appeal, the Supreme Court.

Held:

The facts found are that the work done by the workmen was an integral part of the industry

concerned, that the raw material was supplied by the management, that the factory premises belonged

to the management, that the equipment used also belonged to the management, and that the finished

product was taken by the management for its own trade. The workmen were broadly under the

control of the management and defective articles were directed to be rectified by the

management. This concatenation of circumstances is conclusive that the workmen were the

workmen of the petitioner. (Para-2)

The true test is where a worker or group of workers labor to produce goods or services and

these goods or services are for the business of another, that other is, in fact, the employer. He has

economic control over the workers’ subsistence, skill and continued employment. If he, for any

reason, chokes off, the worker is virtually laid off. The presence of intermediate contractors with

whom alone the workers have immediate or direct relationship ex contrctu is of no consequence,

when, on lifting the veil or looking at the conspectus of factors governing employment, the naked

truth is discerned, and especially since it is one of the myriad devices resorted to by managements to

avoid the responsibility when labor legislation casts welfare obligations on the real employer based on

Arts. 38, 32, 42, 43 and 43A. If livelihood of the workmen substantially depends on labor rendered to

produce goods and services for the benefit and satisfaction of enterprise, the absence of direct

relationship or the presence of dubious intermediaries cannot snap the real life-bond. If, however,

there is total dissociation, in fact, between the disowning management and aggrieved workmen, the

employer is in substance and in real life-term, by another.

Gujarat Electricity Board, Thermal Power Station, Gujrat Vs. Hind Mazdoor Sabha, 1995-II-LLJ-790-

held-

Industrial Disputes Act, 1947- Sec. 2(k), 2(s), 10(2) – Contract Labor (Regulation & Abolition) Act

1970- Sec.10 – Abolition of contract labor – industrial dispute – jurisdiction of Labor Court under

Industrial Dispute Act – Jurisdiction of Appropriate Government has exclusive jurisdiction to decide in

regard to abolition of contract labor – section 10 of the Contract Labor Act would come into play only in

cases of genuine contract and not when contract is sham or camouflage – contract Labor abolition act does

not provide for status of the contract labor after abolition – Industrial Tribunal whether have jurisdiction to

direct principal employer to absorb erstwhile workmen of the contractor and also determine the terms and

conditions – Industrial adjudicator will determine the status of a workmen or abolition of contract labor, if

industrial dispute was pending before him on date of abolition of contract labor system by appropriate

government – workmen of erstwhile contractor can raise dispute on the basis that they are workmen of

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THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

principal employer and dispute in such cases would be not for abolition of contract labor, but on the footing

that workmen were always employees of principal employer - “

Secretary, Haryana Electricity Board Vs. Suresh and others, AIR-1999-SC-1160. Held-

“(E) Contract Labor (Regulation and Abolition) Act (37 of 1970), S.10 – Contract Labor – Absorption

in service- Electricity Board – Work of keeping plants and station clean and hygienic awarded to

contractor- work not of seasonal nature – contract itself stipulating number of employees to be

engaged by Contractor – Overall control of working of contract labor including administrative

control remaining with the Board – Board neither registered as principal employer nor contractor

was licensed contractor – Contract system was thus a mere camouflage which could be easily pierced

and employer employee relationship between Board and employee easily visualized – Employees who

have worked for more than 240 days cannot therefore be denied absorption.”

Learned counsel has referred following paragraphs (Paras 15, 17, 19), being reproduced as follows-

It would in this context, however, be convenient to note the observations of the High Court as

below:-

“The learned counsel for the petitioner has tried to argue that the findings of fact arrived at by the

Labor Court was not based upon proper appreciation of evidence. This plea cannot be accepted in as

much as the Labor Court has referred to the whole of the evidence lead in the case before coming to

such a conclusion. Otherwise, also in view of the law laid down by the Supreme Court in R.K.

Panda’s case (supra) the findings of fact arrived at by the Labor Court cannot be set aside in writ

jurisdiction particularly when it is neither perverse nor contrary to the record but based only on

appreciation of evidence. Keeping in view the nature of the work being carried on by the petitioner,

the nature of duties which were performed by the respondents-workmen, the continuity of the work

for which the labor was employed and the fact that the wages were paid by the petitioner-employer

who supervised and controlled not only the attendance but also discipline of the workmen in the

discharge of their duties and keeping in view the conditions of contract of the employer with

Kashmira Singh, Contractor, there is no other conclusion which can be arrived at except the one that

there existing a relationship of employer and workmen between the contesting parties and the Labor

Court had rightly passed the award which is impugned in this petition.”

As noticed above Draconian concept of law is no longer available for the purpose of interpreting a

social and beneficial piece of legislation specially on the wake of the new millennium. The democratic

polity ought to survive with full vigour: socialist status as enshrined in the Constitution ought to be

given its full play and it is in this perspective the question arises – is it permissible in the new

millennium to decry the cry of the labor force desirous of absorption after working for more than 240

days in an establishment and having their workings supervised and administered by an agency within

the meaning of Article 12 of the Constitution – the answer cannot possibly be in the affirmative – the

law courts exist for the society and in the event law courts feel the requirement in accordance with

principles of justice, equity and good conscience, the law courts ought rise up to the occasion to meet

and redress the expectation of the people. The expression ‘regulation’ cannot possibly be read as

contra public interest but in the interest of public.

19-It has to be kept in view that this is not a case in which it is found that there was any genuine

contract labor system prevailing with the Board. If it was a genuine contract system, then obviously, it

had to be abolished as per Section 10 of the Contract Labor Regulation and Abolition Act after

following the procedure laid down therein. However, on the facts of the present case, it was found by

the Labor Court and as confirmed by the High Court that the so called contractor Kashmir Singh was

a mere name lender and had procured labor for the Board from the open market. He was almost a

broker or an agent of the Board for that purpose. The Labor Court also noted that the Management

witness Shri A.K. Chaudhary also could not tell whether Shri Kahsmir Singh was a licensed

contractor or not. That workmen had made a statement that Shri Kashmir Singh was not a licensed

contractor. Under these circumstances, it has to be held that factually there was no genuine contract

system prevailing at the relevant time wherein the Board could have acted as only the principal

employer and Kashmir Singh as a licensed contractor employing labor on his own account. It is also

pertinent to note that nothing was brought on record to indicate that even the Board at the relevant

time, was registered as principal employer under the Contract Labor Regulation and Abolition Act.

Once the Board was not a principal employer and the so called contractor Kashmir Singh was not a

licensed contractor under the Act, the inevitable conclusion that had to be reached was to the effect

that the so called contract system was a mere camouflage, smoke and a screen and disguised in

almost a transparent veil which could easily be pierced and the real contractual relationship between

the Board, on the one hand, and the employees, on the other, could be clearly visualized.’

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2467

Bharat Bank Limited Vs. Employees of Bharat Bank Limited, AIR 1950 SC 188.

The Hon’ble Supreme Court has held that the Tribunal has got wide power in given

circumstances, it can create contract between parties in the interest of justice. No other Courts vested

with such power.

On the other hand learned Senior Counsel for the Management referred to a judgment of Supreme Court in

case The Director SAIL India vs. Ispat Khadan Mazdoor Union Civil Appeal no 8081-8082 of 2011 reported

in AIR 2019 SC 3601. Para 33,35,39,41,44,46,48,49 have been specifically referred to by learned counsel as

follows:-

Before we may advert to examine the question in the instant appeals any further, it will be

apposite to take note of the legal effect of the prohibition Notification issued by the appropriate

Government in exercise of power under Section 10(1) of CLRA Act and its exposition by the Constitution

Bench of this Court in Steel Authority of India Ltd. and Others (supra) overruling the judgment in Air

India Statutory Corporation and Others (supra).

The legal consequence of Section 10(1) of the CLRA Act, has been noticed in paragraph 68, 88,

105 and 125 as follows: 24 "68. We have extracted above Section 10 of the CLRA Act which empowers

the appropriate Government to prohibit employment of contract labor in any process, operation or other

work in any establishment, lays down the procedure and specifies the relevant factors which shall be

taken into consideration for issuing Notification under subsection (1) of Section 10. It is a common

ground that the consequence of prohibition Notification under Section 10(1) of the CLRA Act,

prohibiting employment of contract labor, is neither spelt out in Section 10 nor indicated anywhere in

the Act.

In our view, the following consequences follow on issuing a Notification under Section 10(1) of

the CLRA Act:

(1)

contract labor working in the establishment concerned at the time of issue of Notification will

cease to function;

(2)

the contract of principal employer with the contractor in regard to the contract labor comes to

an end;

(3)

no contract labor can be employed by the principal employer in any process, operation or other

work in the establishment to which the Notification relates at any time thereafter;

(4)

the contract labor is not rendered unemployed as is generally assumed but continues in the

employment of the contractor as the Notification does not sever the relationship of master and

servant between the contractor and the contract labor;

(5)

the contractor can utilize the services of the contract labor in any other establishment in respect

of which no Notification under Section 10(1) has been issued where all the benefits under the

CLRA Act which were being enjoyed by it, will be available;

25 (6) if a contractor intends to retrench his contract labor, he can do so only in conformity with the

provisions of the ID Act. The point now under consideration is: whether automatic absorption of

contract labor working in an establishment, is implied in Section 10 of the CLRA Act and follows as a

consequence on issuance of the prohibition Notification there under. We shall revert to this aspect

shortly. 88. If we may say so, the eloquence of the CLRA Act in not spelling out the consequence of

abolition of contract labor system, discerned in the light of various reports of the Commissions and the

Committees and the Statement of Objects and Reasons of the Act, appears to be that Parliament intended

to create a bar on engaging contract labor in the establishment covered by the prohibition Notification,

by a principal employer so as to leave no option with him except to employ the workers as regular

employees directly. Section 10 is intended to work as a permanent solution to the problem rather than to

provide a onetime measure by departmentalizing the existing contract labor who may, by a fortuitous

circumstance be in a given establishment for a very short time as on the date of the prohibition

Notification. It could as well be that a contractor and his contract labor who were with an establishment

for a number of years were changed just before the issuance of prohibition Notification. In such a case

there could be no justification to prefer the contract labor engaged on the relevant date over the contract

labor employed for a longer period earlier. These may be some of the reasons as to why no specific

provision is made for automatic absorption of contract labor in the CLRA Act. 105. The principle that a

beneficial legislation needs to be construed liberally in favour of the class for whose benefit it is

intended, does not extend to reading in the provisions of the Act what the legislature has not provided

whether expressly or by necessary implication, or substituting remedy or benefits for that provided by the

legislature. We have already noticed above the intendment of the CLRA Act that it regulates the

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[PART II—SEC. 3(ii)]

conditions of service of the contract labor and 26 authorizes in Section 10(1) prohibition of contract

labor system by the appropriate Government on consideration of factors enumerated in subsection (2) of

Section 10 of the Act among other relevant factors. But, the presence of some or all those factors, in our

view, provides no ground for absorption of contract labor on issuing Notification under subsection (1) of

Section 10. Admittedly, when the concept of automatic absorption of contract labor as a consequence of

issuing Notification under Section 10(1) by the appropriate Government, is not alluded to either in

Section 10 or at any other place in the Act and the consequence of violation of Sections 7 and 12 of the

CLRA Act is explicitly provided in Sections 23 and 25 of the CLRA Act, it is not for the High Courts or

this Court to read in some unspecified remedy in Section 10 or substitute for penal consequences

specified in Sections 23 and 25 a different sequel, be it absorption of contract labor in the establishment

of principal employer or a lesser or a harsher punishment. Such an interpretation of the provisions of

the statute will be far beyond the principle of ironing out the creases and the scope of interpretative

legislation and as such, clearly impermissible. We have already held above, on consideration of various

aspects, that it is difficult to accept that Parliament intended absorption of contract labor on issue of

abolition Notification under Section 10(1) of the CLRA Act.

125.

The upshot of the above discussion is outlined thus: (1)(a) Before 2811986, the determination of

the question whether the Central Government or the State Government is the appropriate Government in

relation to an establishment, will depend, in view of the definition of the expression "appropriate

Government" as stood in the CLRA Act, on the answer to a further question, is the industry under

consideration carried on by or under the authority of the Central Government or does it pertain to any

specified controlled industry, or the establishment of any railway, cantonment board, major port, mine

or oilfield or the establishment of banking or insurance company? If the answer is in the affirmative, the

Central Government will be the appropriate Government; otherwise in relation to any other

establishment the Government of the State in which 27 the establishment was situated, would be the

appropriate Government; (b) After the said date in view of the new definition of that expression, the

answer to the question referred to above, has to be found in clause (a) of Section 2 of the Industrial

Disputes Act; if (i) the Central Government company/undertaking concerned or any undertaking

concerned is included therein eo nomine, or (ii) any industry is carried on: (a) by or under the authority

of the Central Government, or (b) by a railway company; or (c) by a specified controlled industry, then

the Central Government will be the appropriate Government; otherwise in relation to any other

establishment, the Government of the State in which that other establishment is situated, will be the

appropriate Government.

(2)(a) A Notification under Section 10(1) of the CLRA Act prohibiting employment of contract labor

in any process, operation or other work in any establishment has to be issued by the appropriate

Government:

(1)

after consulting with the Central Advisory Board or the State Advisory Board, as the case may

be, and (2) having regard to (i) conditions of work and benefits provided for the contract labor in the

establishment in question, and (ii) other relevant factors including those mentioned in subsection (2) of

Section 10;

(b)

In as much as the impugned Notification issued by the Central Government on 9121976 does

not satisfy the aforesaid requirements of Section 10, it is quashed but we do so prospectively i.e. from the

date of this judgment and subject to the clarification that on the basis of this judgment no order passed

or no action taken giving effect to the said Notification on or before 28 the date of this judgment, shall

be called in question in any tribunal or court including a High Court if it has otherwise attained finality

and/or it has been implemented.

(3)

Neither Section 10 of the CLRA Act nor any other provision in the Act, whether expressly or by

necessary implication, provides for automatic absorption of contract labor on issuing a Notification by

the appropriate Government under subsection (1) of Section 10, prohibiting employment of contract

labor, in any process, operation or other work in any establishment. Consequently the principal

employer cannot be required to order absorption of the contract labor working in the establishment

concerned.

(4)

We overrule the judgment of this Court in Air India case

[(1997) 9 SCC 377] prospectively and declare that any direction issued by any industrial

adjudicator/any court including the High Court, for absorption of contract labor following the

judgment in Air India case [(1997) 9 SCC 377] shall hold good and that the same shall not be

set aside, altered or modified on the basis of this judgment in cases where such a direction has

been given effect to and it has become final.

[भाग II— ण् ड3(ii)]

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2469

(5)

On issuance of prohibition Notification under Section 10(1) of the CLRA Act prohibiting

employment of contract labor or otherwise, in an industrial dispute brought before it by any contract

labor in regard to conditions of service, the industrial adjudicator will have to consider the question

whether the contractor has been interposed either on the ground of having undertaken to produce any

given result for the establishment or for supply of contract labor for work of the establishment under a

genuine contract or is a mere ruse/camouflage to evade compliance with various beneficial legislations

so as to deprive the workers of the benefit there under. If the contract is found to be not genuine but a

mere camouflage, the so called contract labor will have to be treated as employees of the principal

employer who shall be directed to regularize the services of the contract labor in the establishment

concerned subject to the conditions as may be specified by it for that purpose in the light of para 6

hereunder.

29 (6) If the contract is found to be genuine and prohibition Notification under Section 10(1) of the

CLRA Act in respect of the establishment concerned has been issued by the appropriate Government,

prohibiting employment of contract labor in any process, operation or other work of any establishment

and where in such process, operation or other work of the establishment the principal employer intends

to employ regular workmen, he shall give preference to the erstwhile contract labor, if otherwise found

suitable and, if necessary, by relaxing the condition as to maximum age appropriately, taking into

consideration the age of the workers at the time of their initial employment by the contractor and also

relaxing the condition as to academic qualifications other than technical qualifications."

33.

The exposition of the judgment of the Constitution Bench of this Court made it clear that

neither Section 10 nor any other provision in the CLRA Act provides for automatic absorption of

contract labor on issuing a Notification by the appropriate Government under Section 10(1) of CLRA

Act.

Consequently, the principal employer is not required or is under legal obligation by operation of

law to absorb the contract labor working in the establishment. 34. This court in Steel Authority of India

Ltd. and Others (supra) further held that on a issuance of Notification under Section 10(1) of the CLRA

Act, prohibiting employment of contract labor in any process, operation or other work, if un 30

industrial dispute is raised by any contract labor in regard to condition of service, it is for the industrial

adjudicator to consider whether the contractor has been interposed either on the ground of having

undertaken to produce any given result for the establishment or for supply of contract labor for work of

the establishment under a genuine contract, or as a mere ruse/camouflage to evade compliance with

various beneficial legislations so as to deprive the workers of statutory benefits. If the contract is found

to be sham, nominal or camouflage, then the so called labor will have to be treated as direct employee of

the principal employer and the industrial adjudicator should direct the principal employer to regularize

their services in the establishment subject to such conditions as it may specify for that purpose in the

facts and circumstances of the case.

35.

On the other hand, if the contract is found to be genuine and a prohibition Notification has

been issued under Section 10(1) of the CLRA Act, in respect of the establishment, the principal employer

intending to employ regular workmen for the process, operation or other work of the establishment in

regard to which the prohibition Notification has been issued, it shall give 31 preference to the erstwhile

contract labor if otherwise found suitable, if necessary by giving relaxation of age as it appears to be in

fulfillment of the mandate of Section 25(H) of the Industrial Disputes Act, 1947.

36.

It may be noted that the learned counsel for the respondent has placed reliance on the

judgments of this Court in Silver Jubilee Tailoring House and Others Vs. Chief Inspector of Shops and

Establishments and Another 4; Hussain bhai, Calicut Vs. Alath Factory The zhilali Union, Kozhikode

and Others5: Indian Petrochemicals Corporation Ltd. and Another Vs. and Others6 and these cases

have been considered by the Constitution Bench of this Court in Steel Authority of India Ltd. and

Others(supra) of which a detailed reference has been made by us.

37.

Tests which are to be applied to find out whether the person is an employee or an independent

contractor in finding out whether the contract labor agreement is sham, nominal or a 4 1974(3) SCC

498 5 1978(4) SCC 257 6 1999(6) SCC 439 32 mere camouflage has been examined by this Court in

International Airport Authority of India Vs. International Air Cargo Workers' Union and Another? by

the two Judge Bench of this Court. The relevant paras are as under: " 38. The tests that are applied to

find out whether a person is an employee or an independent contractor may not automatically apply in

finding out whether the contract labor agreement is a sham, nominal and is a mere camouflage. For

example, if the contract is for supply of labor, necessarily, the labor supplied by the contractor will work

under the directions, supervision and control of the principal employer but that would not make the

worker a direct employee of the principal employer, if the salary is paid by a contractor, if the right to

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[PART II—SEC. 3(ii)]

regulate the employment is with the contractor, and the ultimate supervision and control lies with the

contractor.

39.

The principal employer only controls and directs the work to be done by a contract labor, when

such labor is assigned/allotted/sent to him. But it is the contractor as employer, who chooses whether the

worker is to be assigned/allotted to the principal employer or used otherwise. In short, worker being the

employee of the contractor, the ultimate supervision and control lies with the contractor as he decides

where the employee will work and how long he will work and subject to what conditions. Only when the

contractor assigns/sends the worker to work under the principal employer, the worker works under the

supervision and control of the principal employer but that is secondary control. The primary control is

with the contractor."

38.

These are the broad tests which have been laid down by this Court in examining the nature and

control of the employer and 7 2009 (13) SCC 374 33 whether the agreement pursuant to which contract

labor has been engaged through contractor can be said to be sham, nominal and camouflage.

46.

To test it further, apart from the statutory compliance which every principal establishment is

under an obligation to comply with, its noncompliance or breach may at best entail in penal

consequences which is always for the safety and security of the employee/workmen which has been hired

for discharge of the nature of job in a particular establishment. The exposition of law has been further

considered in International Airport Authority of India case (supra) where the contract was to supply of

labor and necessary labor was supplied by the contractor who worked under the directions, supervision

and control of the principal employer, that in itself will not in any manner contract entered between the

contractor and contract labor to construe the be sham and bogus per se. Thus, in our considered view, if

the scheme of the CLRA Act and other legislative enactments which principal establishment has to

comply with under the mandate of law and taking note of the oral and documentary evidence which

came on record, the finding which has been recorded by the CGIT under its award dated 16th

September, 2009 in absence of the finding of fact recorded being perverse or being of no evidence and

even if there are two views which could possibly be arrived at, the view expressed by the Tribunal

ordinarily was not open to be interfered with by the High Court under its limited judicial review under

Article 226/227 of the Constitution of India scope of and this exposition has been settled by this Court in

its various judicial precedents the

48.

It is true that judgment in Dena Nath and Others (supra) is in reference to failure of

compliance of Section 7 and 12 and not in reference to Section 10(1) of the CLRA Act but if we look into

the scheme of CLRA Act which is a complete code in itself, noncompliance or violation or breach of the

provisions of the CLRA Act, it result into penal consequences as has been referred to in Sections 23 to

25 of the Act and there is no provision which would entail any other consequence other than provided

under Section 23 to 25 of the Act.

Learned Senior Counsel for Management has further referred to a decision of Supreme Court in SLP

No. 33798-33799 2014, BHARAT HEAVY ELECTRICALS LTD. Vs MAHENDRA PRASAD JAKHMOLA

& ORS.

The relevant portion of the judgment referred to by learned counsel is being reproduced as follows:-

“We, now come to some of the judgments cited by Shri Sudhir Chandra and Ms. Asha Jain. In ‘General

Manager, (OSD), Bengal Nagpur Cotton Mills, Rajnandgaon v. Bharat Lala and Another’ [2011 (1) SCC

635], it was held that the well recognised tests to find out whether contract laborers are direct employees are

as follows:

“10. It is now well settled that if the industrial adjudicator finds that the contract between the principal

employer and the contractor to be a sham, nominal or merely a camouflage to deny employment C.A. NOS.

1799-1800/ 2019 etc. (@SLP (C) Nos. 33747-33748/ 2014 etc.) benefits to the employee and that there was

in fact a direct employment, it can grant relief to the employee by holding that the workmen is the direct

employee of the principal employer. Two of the well-recognized tests to find out whether the contract

laborers are the direct employees of the principal employer are: (i) whether the principal employer pays the

salary instead of the contractor;

and (ii) whether the principal employer controls and supervises the work of the employee. In this case, the

Industrial Court answered both questions in the affirmative and as a consequence held that the first

respondent is a direct employee of the appellant” The expression ‘control and supervision’ were further

explained with reference to an earlier judgment of this Court as follows:

“12. The expression “control and supervision” in the context of contract labor was explained by this Court

in International Airport Authority of India v. International Air Cargo Workers’ Union thus: (SCC p.388,

paras 38-39) “38…. if the contract is for supply of labor, necessarily, the labor supplied by the contractor

[भाग II— ण् ड3(ii)]

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will work under the directions, supervision and control of the principal employer but that would not make

the worker a direct employee of the principal employer, if the salary is paid by a contractor, if the right to

regulate the employment is with the contractor, and the ultimate supervision and control lies with the

contractor.

39. The principal employer only controls and directs the work to be done by a contract labor, when such

labor is assigned/allotted/sent to him.

But it is the contractor as employer, who chooses whether the worker is to be assigned/allotted to the

principal employer or used otherwise. In short, worker being the employee of the contractor, the ultimate

supervision and control lies with the contractor as he decides where the employee will work and how long

he will work and subject to what conditions. Only when the contractor assigns/sends the worker to work

under the principal employer, the worker works under the supervision and control of the principal

employer C.A. NOS. 1799-1800/ 2019 etc. (@SLP (C) Nos. 33747-33748/ 2014 etc.) but that is secondary

control. The primary control is with the contractor.” From this judgment, it is clear that test No. 1 is not

met on the facts of this case as the contractor pays the workmen their wages. Secondly, the principal

employer cannot be said to control and supervise the work of the employee merely because he directs the

workmen of the contractor ‘what to do’ after the contractor assigns/ allots the employee to the principal

employer. This is precisely what paragraph 12 explains as being supervision and control of the principal

employer that is secondary in nature, as such control is exercised only after such workmen has been

assigned to the principal employer to do a particular work.

We may hasten to add that this view of the law has been reiterated in ‘Balwant Rai Saluja and Another v.

Air India Limited and Others’ [2014(9) SCC 407], as follows:

“65. Thus, it can be concluded that the relevant factors to be taken into consideration to establish an

employer-employee relationship

(i) who appoints the workers;

(ii) who pays the salary/remuneration;

(iii) who has the authority to dismiss;

(iv) who can take disciplinary action;

(v) whether there is continuity of service; and

(vi) extent of control and supervision i.e. whether there exists complete control and supervision.

As regards extent of control and supervision, we have already taken note of the observations in Bengal

Nagpur Cotton Mills case [(2011) 1 SCC 635], International Airport Authority of India case [2009 13 SCC

374] and Nalco case [(2014) 6 SCC 756].” C.A. NOS. 1799-1800/ 2019 etc. (@SLP (C) Nos. 33747-33748/

2014 etc.) However, Ms. Jain has pointed out that contractors were frequently changed, as a result of

which, it can be inferred that the workmen are direct employees of BHEL.”

26.

Another case Bengal Nagpur Cotton Mills 2011 Vol.1 SCC 635 (para-10, 14, 16, 8 and 12)

referred to by learned counsel is also the relevant paragraphs of which are being reproduced as follows:-

“The expression ‘control and supervision’ in the context of contract labor was explained by this court

in International Airport Authority of India v. International Air Cargo Workers Union [2009 (13) SCC

374] thus: “If the contract is for supply of labor, necessarily, the labor supplied by the contractor will

work under the directions, supervision and control of the principal employer but that would not make

the worker a direct employee of the principal employer, if the salary is paid by contractor, if the right

to regulate employment is with the contractor, and the ultimate supervision and control lies with the

contractor. The principal employer only controls and directs the work to be done by a contract labor,

when such labor is assigned/allotted/sent to him. But it is the contractor as employer, who chooses

whether the worker is to be assigned/allotted to the principal employer or used otherwise. In short,

worker being the employee of the contractor, the ultimate supervision and control lies with the

contractor as he decides where the employee will work and how long he will work and subject to what

conditions. Only when the contractor assigns/sends the worker to work under the principal employer,

the worker works under the supervision and control of the principal employer but that is secondary

control. The primary control is with the contractor.”

The case of Himmat Singh vs ICI India (2008) 3 SCC Preferred to by learned counsel for Management

the referred paragraphs of the judgment are being reproduced as follows:-

“A few observations made by the High Court which are relevant need to be noted. It was held by the

High Court as follows: "The labor court has held that the petitioners were not working as helpers to

the fitters; they were not paid by the company; and were engaged on contract for intermittent work

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[PART II—SEC. 3(ii)]

i.e. they did not have regular or permanent work. The work that the petitioners do may be similar to

the work of the workmen of the company, but they are not doing the work that is ordinary part of the

industry. This is for reason that they- ? did not have permanent work; ? were engaged in intermittent

work and ? themselves claimed to be workmen of the contractor Rehman in proceedings under Rule

25 of the Labor Contract Act and got benefit under the same." 9. Similarly, the Labor Court noted

that contractor Rehman had applied to the administration for licence under the State Contract Labor

Act and considering the nature of the contract licence has been granted to him. 10. In Steel Authority

of India Ltd. v. Union of India &Ors. [2006(12) SC 233] it was inter-alia held as follows: "The

workmen whether before the Labor Court or in writ proceedings were represented by the same Union.

A trade Union registered under the Trade Unions Act is entitled to espouse the cause of the workmen.

A definite stand was taken by the employees that they had been working under the contractors. It

would, thus, in our opinion, not lie in their mouth to take a contradictory and inconsistent plea that

they were also the workmen of the principal employer. To raise such a mutually destructive plea is

impermissible in law. Such mutually destructive plea, in our opinion, should not be

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3 allowed to be raised even in an

industrial adjudication. Common law principles of estoppel, waiver and acquiescence are applicable

in an industrial adjudication." 11. In view of the factual position highlighted above and the ratio of

the decision in Steel Authority’s case (supra), the inevitable result is that the appeal is sans merit,

deserves dismissal, which we direct with no order as to costs.

Airport Authority of India vs. IndianAirportKamgar 2011 Vol.1 L.L.J page-II Bombay para 32,33,37

referred to by learned counsel for the Management. Wherein, award allowing reference regarding same character of

engagement of contract labor was held now allowed in light of facts peculiar to the case referred.

Another case of Post Master General vs. Tutudas(2007)5 SCC 317.

Wherein, it has been held that illegal/improper grant of regularization to similarly situated

persons does not create and entitlement to regularization on the ground of equal treatment under article

14 of constitution as equality is a positive concept and cannot be invoked where any illegality has been

committed or where no legal right has been established.

In another case Dhampur Sugar Mills Vs Bhola Singh AIR 2005 SC page no 1790, referred to by

learned counsel for management it has been laid down that:

completion of 240 days in continuous service may not itself be ground for regularization of

service particularly in case when workmen had not been appointed in accordance with rules.

The case of Haldiya Employees Union Vs. Indian Oil Corporation 2005 CAB IC page 2078 SC also

referred to by learned counsel of which relevant paragraphs 15,16,17 & 20 specifically referred by the learned

counsel are being reproduced as follows:-

“No doubt, the respondent management does exercise effective control over the contractor on certain

matters in regard to the running of the canteen but such control is being exercised to ensure that the

canteen is run in an efficient manner and to provide wholesome and healthy food to the workmen of

the establishment. This however does not mean that the employees working in the canteen have

become the employees of the management. A free hand has been given to the contractor with regard

to the engagement of the employees working in the canteen. There is no clause in the agreement

stipulating that the canteen contractor unlike in the case of Indian Petrochemicals Corporation Ltd.

& Another (supra) shall retain and engage compulsorily the employees who were already working in

the canteen under the previous contractor. There is no stipulation of the contract that the employees

working in the canteen at the time of the commencement of the contract must be retained by the

contractor. The management unlike in Indian Petrochemicals Corporation Ltd. case (supra) is not

reimbursing the wages of the workmen engaged in the canteen. Rather the contractor has been made

liable to pay provident fund contribution, leave salary, medical benefits to his employees and to

observe statutory working hours. The contractor has also been made responsible for the proper

maintenance of registers, records and accounts so far as compliance of any statutory

provisions/obligations are concerned. A duty has been cast on the contractor to keep proper records

pertaining to payment of wages etc. and also for depositing the provident fund contributions with

authorities concerned. Contractor has been made liable to defend, indemnify and hold harmless the

employer from any liability or penalty which may be imposed by the Central, State or local authorities

by reason of any violation by the contractor of such laws, regulations and also from all claims, suits

or proceedings that may be brought against the management arising under or incidental to or by

reason of the work provided/assigned under the contract brought by employees of the contractor,

third party or by Central or State Government Authorities. The management has kept with it the right

to test, interview or otherwise assess or determine the quality of the employees/workers with regard to

their level of skills, knowledge, proficiency, capability etc. so as to ensure that the employees/workers

[भाग II— ण् ड3(ii)]

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2473

are competent and qualified and suitable for efficient performance of the work covered under the

contract. This control has been kept by the management to keep a check over the quality of service

provided to its employees. It has nothing to do with either the appointment or taking disciplinary

action or dismissal or removal from service of the workmen working in the canteen. Only because the

management exercises such control does not mean that the employees working in the canteen are the

employee of the management. Such supervisory control is being exercised by the management to

ensure that the workers employed are well qualified and capable of rendering the proper service to the

employees of the management.”

Following settled propositions of law emerges from the above referred decisions:-

A.

The point whether the contract is sham, bogus and camouflage will arise only when the work

contract which was allotted to the contractor was of non-prohibited category and also in cases

where though the work contract which was allotted to the contractor was of non-prohibited

category it become in prohibited category later on under the Notification issued by appropriate

Government under Section 10(1) of CLRA Act.

B.

In reaching at a point whether the work contract was sham bogus and camouflage, the

relevant facts for consideration will be as to firstly, who was to exercise the

effective supervision and control, secondly, at whose site, the workmen were engaged, thirdly,

who paid the wages and fourthly, who provided instruments and training and other facts like this

is settled in the aforesaid judgments. It is also settled that what is the effective control and

supervision from industry to industry and control and supervision is not only criteria for reaching

at the conclusion whether the work contract was sham, bogus or camouflage also what effective

control and supervision is shall differ from industry to industry fact wise.

Learned counsel for the workmen further submits that this Tribunal is obligated to lift the veil and see the

facts taking into account the total circumstances of the case in coming to the conclusion whether the contract is

sham, bogus and nongenuine. He further submits that may be apparently the work contract may appear legal but

this Tribunal will have to lift the veil in this case to do full justice between the parties. Learned counsel has referred

to para-18 and 21 of the case “General Manager, Oil and Natural Gas Commission, Silchar Vs. Oil and Natural

Gas Commission Contractual workers Union, (2008)12 Supreme Court Cases 275”.

1.

The relevant portion of the judgement is quoted below: -

“Para-18: We, however, believe that this present case is not one of regularization simpliciter such as in the

case of an ad hoc or casual employee claiming this privilege. The basic issue in the present case is

the status of the workmen and whether they were the employees of ONGC or the contractor and in the

event that they were the employees of the former, a claim to be treated on a par with other such

employees. As would be clear from the discussion a little later, this was the basic issue on which the

parties went to trial, notwithstanding the confusion created by the ill-worded reference.

Para-21: Even ONGC had admitted that since 1988, there was no licensed contractor and that wages were

being paid through one of the leaders of Union, and one person who was named as contractor, was in

fact himself a workmen whose name appeared in acquaintance roll. Real issue therefore was

regarding status of workmen as employees of ONGC or of contractor, and it having found that

workmen were employees of ONGC, they would ipso facto be entitled to benefits available in that

capacity.Issue of regularization would therefore pale in insignificance. The Industrial Tribunal and

Division Bench of the High Court were justified in lifting the veil in order to determine nature of

employment.”

Learned Senior Counsel for Management has referred to Judgment of Supreme Court Oshiar Prasad &Ors.

Vs. Employees in relation to management Sudam-D coal washery of BCCI Dhanbad- 2015-ILLJ-

513SCpara-25 which is as follows-

It is thus clear that the appropriate Government is empowered to make a reference under Section 10 of

the Act only when "Industrial dispute exists" or "is apprehended between the parties". Similarly, it is

also clear that the Tribunal while answering the reference has to confine its inquiry to the question(s)

referred and has no jurisdiction to travel beyond the question(s) or/and the terms of the reference while

answering the reference. A fortiori, no inquiry can be made on those questions, which are not

specifically referred to the Tribunal while answering the reference.

The reference has been mentioned In this Judgment earlier, is regarding the action of the non-

regularization of the workmen, whether it is legal or justified and if it is not then what relief the workmen are

entitled to . Hence, the fact in issue is whether non-regularization of the workmen who performed various duties in

Incline is legal and justified or not and the relevant facts to decide the fact in issue will be whether Colliery get

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[PART II—SEC. 3(ii)]

settled in the light of the pleadings of the parties in respect of their rival claims. Hence, there is no question of

travelling beyond reference in this case but while in the process of reaching at the conclusion with regard to the

fact in issue, whether the so called agreements were sham or genuine or it is camouflage to deny the workmen

of their benefits under law is a relevant fact and to record finding in this respect naturally the veil has to be

lifted.

It is further submitted by learned counsel for workmen Union that the burden of proof lies on management

to prove that the concerned workers are contract labor and also the contract is genuine. Union placed reliance on the

judgment reported in the case of“Caparo Engineering India Limited Vs. Pradhanmantri Engineering Shramik

Sanghthan, 2019 (1)MPLJ 147.” The relevant portion is reproduced below: -

“(b) Evidence Act, S.102 – Burden of proof – Petitioner-company’s case that employees are contract

labor – therefore, Labor Court has rightly shifted burden on them to establish this – No error

committed by Labor Court while directing petitioner to lead evidence and prove that respondents are

contract laborers (para-31)”

The learned counsel for Union alternatively submits that even in the circumstances, the Union has not been

able to prove that they were working in prohibited category of work notified by the Government of India, even then

from the pleadings of the Union, the employer-employee relationship between the management and the workmen is

clearly established.

Now coming into the fact and evidence in the present case in the light of settled provisions as mentioned in

the case laws referred to from both the sides. The submission of workmen Union on this point is that in fact, the

workmen were engaged by the Management and wanted to deprive them of their legally admissible due to

management set up camouflage contractor and has given the color of work done under the contractor by a contract

labor. According to the workmen/Union, the management engaged a contractor for payment of less wage as a smoke

screen and a camouflage in the eyes of law. The purpose was to deny the rights and other rights to the

workmen. The learned Senior Counsel for management has submitted that the overall control and supervision was

that of the contractor. The management was only concerned with the work and had limited control and supervision

over the workmen. Also, it has been submitted that instrument and vocational training was provided in the light of

rules provided in this respect. Payment of wages were made by the contractor under supervision of management as

the rules provided for this, hence the fact that the agreement was a sham and a camouflage cannot be held proved,

as submitted by learned counsel for management.

From the evidence in the form of witness and documents, the management does not deny that the work of

the workmen was supervised by management. According to management, it was a limited supervision and control

and management also does not deny that work was given to the management by the workmen and also that the

instruments ie; light lamp and other instruments were supplied by the management. Management also does not deny

that payment of wages was made under their supervision but has put a caveat that payment was made by the

contractor under the supervision of management as it was provided in the work agreement & rules.

The allegation that the workmen were doing their duties under the strict supervision of management of

SECL, they were given vocational training and issued certificate for the job, tools for the job were also supplied by

the management, they worked under the supervision and control of the Management, is corroborated by the

workman witnesses and could not be discredited in their cross examination on this point. This fact, coupled with the

fact that they were engaged in the work in violation of CLRA Act because of their work being of prohibited nature,

clearly establishes that the contract and the contractor as well as theory of contract set up by management is simply a

false and fake. It is a sham and camouflage to deny the workmen of their legally admissible dues is held

proved from record.

In all the case laws referred to by the learned counsel for the parties, one thing is common is that the work

contracts were in non prohibited category when they were allotted to the Contractors. They came under prohibited

category only later on whereas in the case in hand on the basis of evidence on record it has been established that the

so called work contract between the employer and contractor was prohibited by law being in violation of

Notification under Section 10(1) of the CLRA Act prohibiting work of that type being taken by contractors long

before the contractor was engaged to execute the work done by the principal employer. Hence the referred cases can

be easily distinguished from the case in hand on this point as mentioned earlier. It is not disputed between the

parties that vocational training was given by the Management to the workers, tools were provided by the

Management to the workers. Management exercised control and supervision on day to day working of the workmen

and wages were paid in person by the Management and its representatives. According to the Management counsel

all this was done as it was so provided in the work contract.

Reference of Section 2(d) of Indian Contract Act requires to be taken here which define all the contract as it

is so because CLRA Act does not define contract. Section 2(d) reads as under:-

“Contract is an agreement enforceable by law.”

[भाग II— ण् ड3(ii)]

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2475

According to Section 23 of Indian Contracts Act which deals with the as what consideration and object are

lawful and what not is being reproduced as follows:-

“what considerations and objects are lawful and what not-….

The consideration or object of an agreement is lawful unless-

It is forbidden by law, or

Is of such nature that, if permitted, it would defeat the provision of any law or

is…………………..

………………………….”

Similary Section 24 of the said Act is also being reproduced as follows:-

“If any part of a single consideration for one or more objects, or any or any part of several

considerations for a single object, is unlawful, the agreement is void.”

In the light of the above noted provisions of Indian Contract Act since the work agreement between the

Management and the contractor was against prohibitions of law as it defeats the provisions of NCWA and

Section 10(1) of the CLRA Act at the very moment it was entered into by them because these prohibitions

were enforced before the agreement was entered into by the parties will be void ab intio in law meaning

thereby there is no contract at all as per law between the parties. Thus it is not legally permissible on the part

of Management to contend that all the work of supervision, training and other actions detailed earlier were in the

light of terms of the work agreement because the said work agreement are void ab initio, as discussed above right

from the date of the agreements. The natural inference/consequences of this will be that it will be deemed that in

fact the control of supervision of workers by Management, training of worker’s management, providing tools and

instruments by Management etc. where done by the Magistrate on their own. It cannot be taken to be done if the

work contract is void ab initio, admitted is the fact between the parties is that the said workmen worked on the sight

which was owned by the Management i.e. is to say that the work place was the premises of Management i.e.

principal employer.

38.

Hence following facts are held proved in the light of above discussion which is as follows:-

(1) The work agreement was violative of legal provisions and prohibitions from the date and

moment the Management and contractor entered into the agreement.

(2) Since the object of the work agreement was not to defeat the provisions of law i.e. to say not

lawful hence all the three work agreements are void ab intio from their date of inception.

(3) As the work agreement are void ab initio , hence cannot be held that Management control and

supervision and other actions as discussed above, was done by Management in the light of the terms of

the work agreement i.e ,under a legally enforceable agreement.

39.

Accordingly, in the light of above provisions, this Tribunal is constrained to hold that the work

agreement between the principal employer and allotted to contractor was sham, bogus and camouflage,

defeating the provisions of law, the sole aim of which was to deprive the workmen of their legally admissible

claims, stands proved.

Issue No.2 is answered accordingly.

40. Issue No.3:-

In the light of the findings recorded earlier at Issue No.1 & 2 the workmen who were engaged via the sham

and bogus agreement as a camouflage shall be deemed to be under employment of the Principal employer which is

SECL and are held so.

42.

Perusal of the record reveals that there is a list of 112 workers Annexed to the reference who to the

workmen Union according workmen Union were engaged in the aforesaid activity. It came out that one of the

workmen Vijay at serial No.33 has filed application dated 6-11-2006 not to press the claim due to some clerical

mistake in the name of his father for which the Union is said to have taken the matter with the Labor Ministry for

correction. Hence the claim of this workman Vijay on this point is not considered.

The contractor staff in his statement on oath has not denied the claim of the workmen/Union that as many

as 132 workers were engaged by them for executing the work. Perusal of the record further reveals that this

contractor did not appear before the Court for his evidence. It also comes out that under order of the

workmen/Union filed a list, of 132 persons along with their parentage, identity, details of address and the witness

who is staff of the contractor as the workman side witnesses have proved the list.

2476

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

The workmen witnesses have stated on oath that 132 workmen as mentioned in the list annexed to the

reference were engaged in the work, they worked in three shifts but their statements cannot be taken as corroborated

with the work or of the work included in the list annexed to the reference were actually engaged.

The workmen/Union has also filed Vocational Training Certificates of 32 workers but no witness has been

examined from the side of Union to prove this list, hence this list also cannot be taken as correct of the case of

workmen on the point of identity of workmen.

Reference of Section 2(oo) of Industrial Disputes Act, Section 25(b)(2), Section 25(f) and Section 25(N) of

Industrial Dispute Act,1947 are being reproduced as follows:-

2[(oo) “retrenchment” means the termination by the employer of the service of a workmen for any

any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but

does not include— (a) voluntary retirement of the workmen; or (b) retirement of the workmen on

reaching the age of superannuation if the contract of employment between the employer and the

workmen concerned contains a stipulation in that behalf;

25F. Conditions precedent to retrenchment of workmen.—No workmen 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 workmen has been given one month’s notice in writing

indicating the reasons for retrenchment and the period of notice has expired, or the workmen has

been paid in lieu of such notice, wages for the period of the notice; (b) the workmen has been paid,

at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 2

[for every completed year of continuous service] or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government 3 [or such authority

as may be specified by the appropriate Government by Notification in the Official Gazette].

25N. Conditions precedent to retrenchment of workmen.—

(1) No workmen employed in any industrial establishment to which this Chapter applies, who has

been in continuous service for not less than one year under an employer shall be retrenched by

that employer until,—

(a) the workmen has been given three months’ notice in writing indicating the reasons for

retrenchment and the period of notice has expired, or the workmen has been paid in lieu of such

notice, wages for the period of the notice; and

(b) the prior permission of the appropriate Government or such authority as may be specified by

that Government by Notification in the Official Gazette (hereafter in this section referred to as the

specified authority) has been obtained on an application made in this behalf.

(2) An application for permission under sub-section (1) shall be made by the employer in the

prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such

application shall also be served simultaneously on the workmen concerned in the prescribed

manner.

(3) Where an application for permission under sub-section (1) has been made, the appropriate

Government or the specified authority, after making such enquiry as it thinks fit and after giving

a reasonable opportunity of being heard to the employer, the workmen concerned and the persons

interested in such retrenchment, may, having regard to the genuineness and adequacy of the

reasons stated by the employer, the interests of the workmen and all other relevant factors, by

order and for reasons to be recorded in writing, grant or refuse to grant such permission and a

copy of such order shall be communicated to the employer and the workmen.

(4) Where an application for permission has been made under sub-section (1) and the appropriate

Government or the specified authority does not communicate the order granting or refusing to

grant permission to the employer within a period of sixty days from the date on which such

application is made, the permission applied for shall be deemed to have been granted on the

expiration of the said period of sixty days.

(5) An order of the appropriate Government or the specified authority granting or refusing to

grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the

parties concerned and shall remain in force for one year from the date of such order.

(6) The appropriate Government or the specified authority may, either on its own motion or on

the application made by the employer or any workmen, review its order granting or refusing to

grant permission under sub-section (3) or refer the matter or, as the case may be, cause it to be

referred, to a Tribunal for adjudication: Provided that where a reference has been made to a

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2477

Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date

of such reference.

(7) Where no application for permission under sub-section (1) is made, or where the permission

for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the

date on which the notice of retrenchment was given to the workmen and the workmen shall be

entitled to all the benefits under any law for the time being in force as if no notice had been given

to him.

(8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate

Government may, if it is satisfied that owing to such exceptional circumstances as accident in the

establishment or death of the employer or the like, it is necessary so to do, by order, direct, that

the provisions of sub- section (1) shall not apply in relation to such establishment for such period

as may be specified in the order.

(9) Where permission for retrenchment has been granted under sub-section (3) or where

permission for retrenchment is deemed to be granted under sub-section (4), every workmen who is

employed in that establishment immediately before the date of application for permission under

this section shall be entitled to receive, at the time of retrenchment, compensation which shall be

equivalent to fifteen days’ average pay for every completed year of continuous service or any part

thereof in excess of six months.

25F- Conditions precedent to retrenchment of workmen.—No workmen 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 workmen has been given one month’s notice in writing indicating the reasons for

retrenchment and the period of notice has expired, or the workmen has been paid in lieu of such

notice, wages for the period of the notice;

(b) the workmen has been paid, at the time of retrenchment, compensation which shall be

equivalent to fifteen days' average pay for every completed year of continuous service or any part

thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government or such authority as

may be specified by the appropriate Government by Notification in the Official Gazette.

Section 25.B.

Definition of continuous service:-

Where a workmen is not in continuous service within the meaning of clause(1) for a period of one

year or six months, he shall be deemed to be in continuous service under an employer-

a.

For a period of one year, if the workmen, during a period of twelve calendar months

preceding the date with reference to which calculation is to be made, has actually worked

under the employer for not less than-

(i) one hundred and ninety days in the case of a workmen employed below ground in a mine;

and

(ii) two hundred and forty days, in any other case;

(b)

For a period of six months, if the workmen, during a period of six calendar months

preceding the date with reference to which calculation is to be made, has actually worked

under the employer for not less than-

(i)

ninety-five days , in the case of workman employed below ground in a mine and

(ii)

one hundred and twenty days, in any other case.

Explanation-For that purposes of clause (2), the number of days on which a workmen has

actually worked under an employer shall include the days on which-

(i) he has been laid off under an agreement or as permitted by standing orders made under the

Industrial Employment (Standing Orders)Act,1946(20 of 1946), or under the Act or under

any other law applicable to the Industrial establishment;

(ii) he has been on leave with full wages, earned in the previous years;

2478

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

(iii) he has been absent due to temporary disablement caused by accident arising out of and in

the course of his employment; and

(iv) In the case of a female, she has been on maternity leave; soi however, that the total period of

such maternity leave does not exceed twelve weeks.

51.

Now further point arise whether it is proved from the evidence on record that the aforesaid workmen

worked for a period of 190 days as mentioned under Section 25 and Section 21(a) of the Industrial Disputes

Act,1947 which applies to mines and is applicable in the case in hand or not ?

52.

The workmen witnesses have stated that they worked continuously and documents produced by

Management regarding contract and execution of work also states that they worked continuously for two years

preceding date of their disengagement. There is nothing on record to indicate otherwise and it is admitted by

Management and its witnesses that the work continued up to December 30, 1991 hence referred above, their case

that they worked for a period of 190/240 days in the year preceding their disengagement is held proved.

Since it is not the case of the Management that any notice or compensation was given to the workmen,

their disengagement is held against law and fact.

Issue No.3 is answered accordingly.

53. Issue No.4

In the light of the findings recorded while discussing the Issue No.1,2 and 3, now the question arises as to

what relief the workers who have been held to be in employment of Management of SECL and their

disengagement is legally unjustified

54.

According to the learned Counsel for Management, their reinstatement and regularization will not be

justifiable keeping in view the facts that firstly most of the workmen would have crossed the age of superannuation

and secondly they cannot be regularized as they were not in service, when the reference was made to the

dispute. Learned Counsel for Management has again placed reliance on case of Oshiyar Prasad(Supra). In the said

case of Oshiyar Prasad, the workmen were held entitled to retrenchment compensation.

55.

The settled proposition of law is that when the disengagement of the workmen is found violative of Section

25(G) of Industrial Dispute Act,1947 or when it is found that a workman has been retrenched against law , he has to

be either reinstated with or without back wages or be given compensation in lump sum as his claim. In the case in

hand also the disengagement/retrenchment of the 42 workmen has been held legally unjustified, hence these

workmen have the right to be reinstated with or without back wages and service benefits life

absorption/regularization etc. or lump sum compensation in lieu of their rights to be paid to them . In the case in

hand the dispute first started in 1995 and has taken around 20 years to be decided.

Since, now many workmen would have crossed the age of superannuation, financial condition as well as

availability of the work with the employer company is also to be looked into. Hence keeping in view the facts of the

case in hand the ends of justice will be served if a lump sum compensation in lieu of wages after re-instatement,

right to regularization and other consequential service benefits be granted to them. In the light of the facts and

circumstances of the case in hand, lump sum compensation of Rs.2 lacs (Rs.2,00,000/-) to each of the 42 workman

will meet the ends of justice. Keeping in view the period litigation and its chequered history workman Union also

deserves to be paid the cost of litigation.

Issue No.4 is answered accordingly.

Accordingly the award is passed as follows:-

A.

The action of of SECL in disengaging the 132 workers and not regularizing them is held

unjustified in law and fact.

B.

The aforesaid workers are held entitled to get Rs. 2 lac (Rs. 2,00,000/-) per person as lump

sum compensation in adjustment of their rights, to be paid to them by management within

30 days from the date of publication of Award in Official Gazette, failing which interest @ of

8% per annum from the date of Award till payment.

C.

The cost of the litigation Rs. 50,000/- (Fifty thousand only) will also be paid by Management

of SECL to the workmen/Union.

Let the copies of the award be sent to the Government of India, Ministry of Labor& Employment as per

rules.

Date: 02/05/2024.

P. K. SRIVASTAVA, Presiding Officer

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2479

नई दिल्ली, 10 िून, 2024

का.आ. 1133.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

–

सह

–

]

िबलृुर

ds

iapkV

(एलसी/आर/40/2013,135/2012,3/2013,10/2013,49/2013,15/2013,95/2013,85/2013,84/2013,42/201

3,16/2013,6/2013,143/2012,8/2013,141/2012,45/2013,39/2013,97/2013,46/2013,4/2013,14/2013

,2/2013,9/2013,37/2013,140/2012,134/2013,11/2013,142/2013,5/2013,47/2013,83/2013,17/2013

,144/2013,7/2013,96/2013 and 86/2013)dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

dks izkIr gqvk FkkA

[la- ,y-22012/254/2012-vkbZ-vkj- (सी.एम-II)]

मजणकंिन. एन, उृ जनिेिक

New Delhi, the 10th June, 2024

S.O. 1133.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (LC/R/40/2013,135/2012,3/ 2013,10/2013,49/2013,15/2013,95/

2013,85/2013,84/2013,42/2013,16/2013,6/2013,143/2012,8/2013,141/2012,45/2013,39/2013,97/2013,46/2013,4/20

13,14/2013,2/2013,9/2013,37/2013,140/2012,134/2013,11/2013,142/2013,5/2013,47/2013,83/2013,17/2013,144/20

13,7/2013,96/2013 and 86/2013) of the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur

as shown in the Annexure, in the industrial dispute between the Management of S.E.C.L. and their workmen,

received by the Central Government on 06/06/2024.

[No. L-22012/254/2012– IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

Present: P.K.Srivastava

H.J.S..(Retd)

1. CGIT/LC/R/40/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area,

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

....LEADING CASE

WITH CONNECTED CASES

2. CGIT/LC/R/135/2012

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area,

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

2480

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

3. CGIT/LC/R/3/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

4. CGIT/LC/R/10/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

5. CGIT/LC/R/49/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area,

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

6. CGIT/LC/R/15/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

7. CGIT/LC/R/95/2013

The Secretary

Koyla Shramik Sangh (CITU) Branch-Baiga OCM

Qr. No. DB 37, Sanja nagar, PO-Sanjaynagar

Dist-Shahdol (MP)

Vs

The Sub Area Manager

Baiga OCM Burhar Gr. of SECL,

PO – Dhanpuri, Distt.- Shahdol (MP)

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2481

8. CGIT/LC/R/85/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

9. CGIT/LC/R/84/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

10. CGIT/LC/R/42/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

11. CGIT/LC/R/16/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

12. CGIT/LC/R/6/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

2482

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

13. CGIT/LC/R/143/2012

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

14. CGIT/LC/R/8/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

15. CGIT/LC/R/141/2012

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

16. CGIT/LC/R/45/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

17. CGIT/LC/R/39/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2483

18. CGIT/LC/R/97/2013

The Secretary

Koyla Shramik Sangh (CITU) Branch-Baiga OCM

Qr. No. DB 37, Sanja nagar, PO-Sanjaynagar

Dist-Shahdol (MP)

Vs

The Sub Area Manager

Baiga OCM Burhar Gr. of SECL,

PO – Dhanpuri, Distt.- Shahdol (MP)

19. CGIT/LC/R/46/2013

The Secretary

Koyla Shramik Sangh (CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Distt.-Shahdol (MP)

20. CGIT/LC/R/4/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Shahdol

21. CGIT/LC/R/14/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Shahdol

22. CGIT/LC/R/2/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Shahdol

2484

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

23. CGIT/LC/R/9/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Shahdol

24. CGIT/LC/R/37/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area,

SECL, Po- Dhanpuri, Shahdol

25. CGIT/LC/R/140/2012

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Shahdol

26. CGIT/LC/R/134/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Shahdol

27. CGIT/LC/R/11/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

SECL, Po- Dhanpuri, Shahdol

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2485

28. CGIT/LC/R/142/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Shahdol

29. CGIT/LC/R/5/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

SECL, Po- Dhanpuri, Shahdol

30. CGIT/LC/R/47/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Shahdol

31. CGIT/LC/R/83/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

of SECL, Po- Dhanpuri, Shahdol

32. CGIT/LC/R/17/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

SECL, Po- Dhanpuri, Shahdol

2486

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

33. CGIT/LC/R/144/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

Of SECL, Po- Dhanpuri, Shahdol

34. CGIT/LC/R/7/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The Chief General Manager, Sohagpur Area

SECL, Po- Dhanpuri, Shahdol

35. CGIT/LC/R/96/2013

The Secretary

Koyla Shramik Sangh( CITU), Branch- Baiga OCM,

Qr. No. DB 37, Sanja Nagar, PO- Sanjaynagar,

Dist-Shahdol (MP)

Vs

The Sub Area Manager

Baiga OCM Burhar Gr. of SECL,

PO – Dhanpuri, Distt.- Shahdol (MP)

36. CGIT/LC/R/86/2013

The Secretary

Koyla Shramik Sangh( CITU)

Branch- Dhanpuri-OCM, PO- Dhanpuri

Dist-Shahdol (MP)

Vs

The General Manager, Sohagpur Area

Of SECL, Po- Dhanpuri, Distt.- Shahdol (MP)

(J U D G E M E N T)

(Passed on this 30th day of April 2024)

After receiving the references, cases were registered and notices were sent to the parties. They appeared

and filed their respective statements of claim and defence in each case.

In the case R/40/2013 As per letter dated 13/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/254/2012 IR(CM-II) dt. 13/02/2013. The dispute under reference relates to:

“Whether the action of General Manager Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.-32 to Suresh Kumar Verma Dumper Operator of Dhanpuri OCM of SECL is

legal and justified ? If not, to what relief the workman is entitled for ?”

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2487

In the case R/135/2012 As per letter dated 20/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/187/2012 IR(CM-II) dt. 20/11/2012. The dispute under reference relates to:

“Whether the action of General Manager Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to 15 senior mechanics (list enclosed) of the Dhanpuri OCM of SECL, is

legal and justified ? To what relief the claimants are entitled for ?”

In the case R/3/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/212/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to:

“Whether the action of General Manager Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri Amarnath Singh, Electrician, Dhanpuri OCM of SECL, is legal and

justified ? To what relief the workman is entitled for ?”

In the case R/10/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/219/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to:

“Whether the action of General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri Sunil Singh, Electrician, Dhanpuri OCM of SECL, is legal and

justified ? To what relief the workman is entitled for ?”

In the case R/49/2013 As per letter dated 05/03/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/257/2012 IR(CM-II) dt. 05/03/2013. The dispute under reference relates to:

“Whether the action of General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri Devender Pratap Singh, Dumper Operator, Dhanpuri OCM of

SECL, is legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/15/2013 As per letter dated 16/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/237/2012 IR(CM-II) dt. 16/01/2013. The dispute under reference relates to:

“Whether the action of General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri S.P. Mishra, Dragline Operator, Dhanpuri OCM of SECL, is legal

and justified ? If not, to what relief the workman is entitled for ?”

In the case R/95/2013 As per letter dated 12/11/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/147/2013 IR(CM-II) dt. 12/11/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri Vinor Kumar Soni, Shavel Operator, S/Sri Ram Raj Verma,

Ramashankar Tripathi, Drill Operators Baiga OCM of SECL, is legal and justified ? If not, to what relief the

workman is entitled for ?”

In the case R/85/2013 As per letter dated 21/08/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/93/2013 IR(CM-II) dt. 21/08/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No.- 32 to Shri D.P. Shukla, Foreman Incharge, Dhanpuri OCM of SECL, is legal

and justified ? If not, to what relief the workman is entitled for ?”

In the case R/84/2013 As per letter dated 21/08/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/95/2013 IR(CM-II) dt. 21/08/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

implementation instructions No. 32 to Shri Umashanker Shrivastav & 08 Others (Operatons) (List attached),

Dhanpuri OCM of SECL, is legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/42/2013 As per letter dated 18/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/258/2012 IR(CM-II) dt. 18/02/2013. The dispute under reference relates to:

2488

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Ram Siya Tripathi, Dumper Operator, Dhanpuri OCM of SECL, is

legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/16/2013 As per letter dated 16/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/235/2012 IR(CM-II) dt. 16/01/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Sudarshan Saket, Dragline Operator, Dumper Operator, Dhanpuri

OCM of SECL, is legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/6/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/215/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Vijay Sharma, Electrician, Dhanpuri OCM of SECL, is legal and

justified ? To what relief the workman is entitled for ?”

In the case R/143/2012 As per letter dated 30/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/192/2012 IR(CM-II) dt. 30/11/2012. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 20 Foremans (Mech/Elect.) (List attached) of the Dhanpuri OCM of

SECL, is legal and justified ? To what relief the claimants are entitled for ?”

In the case R/8/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/217/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Ganesh Prasad, Electrician, Dhanpuri OCM of SECL, is legal and

justified ? To what relief the workman is entitled for ?”

In the case R/141/2012 As per letter dated 30/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/191/2012 IR(CM-II) dt. 30/11/2012. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 44 E.P. Fitters (List enclosed) of the Dhanpuri OCM of SECL, is legal

and justified ? To what relief the claimants are entitled for ?”

In the case R/45/2013 As per letter dated 11/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/249/2012 IR(CM-II) dt. 11/02/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Brijraj Kishor Shukla, Grader Operator, Dhanpuri OCM of SECL, is

legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/39/2013 As per letter dated 11/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/252/2012 IR(CM-II) dt. 11/02/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Jaypal Singh, Dumper Operator, Dhanpuri OCM of SECL, is legal

and justified ? If not, to what relief the workman is entitled for ?”

In the case R/97/2013 As per letter dated 12/11/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/145/2013 IR(CM-II) dt. 12/11/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Triveni Prasad Beas, E.P. Fitter OCM of SECL, is legal and justified

? If not, to what relief the workman is entitled for ?”

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2489

In the case R/46/2013 As per letter dated 11/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/250/2012 IR(CM-II) dt. 11/02/2013. The dispute under reference relates to:

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Girdhar Prasad Shrivastava, Dumper Operator, Dhanpuri OCM of

SECL, is legal and justified ? If not, to what relief the workman is entitled for ?”

In the case R/04/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/213/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Mahendra Pandey, Electioncian, Dhanpuri OCM of SECL, is legal

and justified? To what relief the workman is entitled for?”

In the case R/14/2013 As per letter dated 16/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/236/2012 IR(CM-II) dt. 16/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Mahesh Singh,Dragline Operator, Dhanpuri OCM of SECL, is legal

and justified? To what relief the workman is entitled for?”

In the case R/02/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/211/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Nagesh Pandey, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/09/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/218/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Ramnaresh Singh, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/37/2013 As per letter dated 11/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/239/2012 IR(CM-II) dt. 11/02/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Rajesh Kumar, Dragline Operator, Dhanpuri OCM of SECL, is legal

and justified? To what relief the workman is entitled for?”

In the case R/140/2012 As per letter dated 30/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/189/2012 IR(CM-II) dt. 30/11/2012. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 08 E.P. Welders (list enclosed)of the Dhanpuri OCM of SECL, is legal

and justified? To what relief the workman is entitled for?”

In the case R/134/2012 As per letter dated 20/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/186/2012 IR(CM-II) dt. 20/11/2012. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 08 Dumper Operators & 7 Dozer Operators (list enclosed) of the Dhanpuri

OCM of SECL, is legal and justified? To what relief the workman is entitled for?”

In the case R/11/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/220/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

2490

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Julfikar Ali, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/142/2012 As per letter dated 30/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/190/2012 IR(CM-II) dt. 30/11/2012. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 09 Auto Electrician Cum Fitters, 1 Machinist and 2 Drivers (list enclosed)

of the Dhanpuri OCM of SECL, is legal and justified? To what relief the workman is entitled for?”

In the case R/05/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/214/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Jahid Khan, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/47/2013 As per letter dated 13/02/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/251/2012 IR(CM-II) dt. 13/02/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Ramnarayan Prasad Namdev ,Operator, Dhanpuri OCM of SECL, is

legal and justified? To what relief the workman is entitled for?”

In the case R/83/2013 As per letter dated 21/08/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/92/2013 IR(CM-II) dt. 21/08/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Santosh Kumar Tripathi & Shri Mohan Singh Rathor,E.P.

Electrician, Dhanpuri OCM of SECL, is legal and justified? To what relief the workman is entitled for?”

In the case R/17/2013 As per letter dated 16/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/226/2012 IR(CM-II) dt. 16/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Ramji Singh, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/144/2012 As per letter dated 30/11/2012 by the Government of India, Ministry of Labour,

New Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as

per Notification No. L-22012/188/2012 IR(CM-II) dt. 30/11/2012. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to 07 E.P.G.H. (list enclosed) of the Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/07/2013 As per letter dated 01/01/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/16/2012 IR(CM-II) dt. 01/01/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Baijnath Prasad, Electrician, Dhanpuri OCM of SECL, is legal and

justified? To what relief the workman is entitled for?”

In the case R/96/2013 As per letter dated 12/11/2013 by the Government of India, Ministry of Labour, New

Delhi, the reference is received. The reference is made to this Tribunal under Section -10 of I.D. Act, 1947 as per

Notification No. L-22012/146/2013 IR(CM-II) dt. 12/11/2013. The dispute under reference relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Suresh Singh, Electrician, Dozer Operator OCM of SECL, is legal

and justified? To what relief the workman is entitled for?”

In the case R/86/2013 As per letter dated 21/08/2013 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.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2491

Act, 1947 as per Notification No. L-22012/94/2013 IR(CM-II) dt. 21/08/2013. The dispute under reference

relates to :

“Whether the action of the General Manager, Sohagpur Area of SECL, in not granting the benefits of

Implementation Instructions No. 32 to Shri Deep Chand Singh & 11 Others (List attached), Shovel Operators,

Dozer Operator OCM of SECL, is legal and justified? To what relief the workman is entitled for?”

The case of the workman side in all these cases is one and same. According to the workman side

Implementation Instruction no.-32 was issued by the Coal India after consultation and an agreement with all Central

Trade Unions/ Constituted Members of JBCCI and signatories of National Coal Wage Agreement-VI (In short

NCWA-VI). It was applicable to all the subsidiaries of Coal India including its subsidiary South Eastern Coal Fields

Limited (In short SECL). A Circular dated 27.07.2001 issued by the Director (Personnel) of Coal India stating that

ITI Certificate holders shall be placed in higher grade/ category after completing one year of apprenticeship in the

company. The pattern of wages/grade/scale was laid down by JBCCI in NCWA-VI at page no.-57. It is further the

case of workmen side these instructions in Implementation.Instructions.-32(in short II-32) were implemented in all

the subsidiaries of Coal India and benefits were granted to the ITI personnel except in some units of SECL. The

Sohagpur Area of SECL implemented it in some sub areas/units but not any Dhanpuri OCM. According to the

workmen side Circular no.- 990 dated 31.12.2002 was issued by Director (Personnel) SECL denying benefits of I.I.-

32 to its workmen and deprived the applicant workmen of promotion and placement in higher grade/ category as per

I.I.-32 dated 22.01.2002 which is in violation of NCWA-VI. As stated by the workmen union, this Circular no.- 990

dated 31.12.2002 was against the provisions of NCWA-VI which was accepted by the Coal India and was

implemented in all of the subsidiaries of Coal India including SECL. It was beyond the competence of Director

(Personnel) SECL to change the terms of NCWA-VI by way of an executive order vide Circular no.- 990 dated

31.12.2002 when he was not delegated any such power by Coal India. This Circular is arbitrary and is violative of

Article 14 of Constitution of India, hence has no force of law. Any action denying benefits to the workman

admissible to them in NCWA-VI and I.I.-32 under this Circular is against law. The workmen union has accordingly

prayed the following –

1) Direct the management of SECL to implement I.I.-32 issued under NCWA-VI with respect to the

workmen dumper operators who are ITI personnel hiring undergone one year apprenticeship in SECL

and be placed in higher grade/category with all benefits retrospectively.

2) Direct the management to pay all consequential attendant benefits thereof forthwith.

3) Direct the management to restore the benefits enjoyed by the workmen but withdrawn by management

under Order No.- 350 dated 04.02.2003/16.03.2003 retrospectively with all consequential/resultant

benefits.

Case of management, in these cases is mainly that firstly, the Union Koyla Shramik Sabha has no locus

standi to raise the dispute. Secondly, according to the management, the claim of the workmen union is based on

wrong interpretation of I.I.-32. Management admits that I.I.-32 as well NCWA-VI is applicable on all the

subsidiaries of Coal India including the management of SECL. Management has further stated that the impugned

Circular dated 31.12.2002 was issued with regard to implementation of I.I.-32 and was given wide publicity. None

of the unions raised any objection on this Circular except the applicant union. According to the management I.I.-32

was meant only for E&M Cadre and Excavation Cadre ITI holders who were working as General Mazdoor

Category-I and Helper Category-II. It is also the case of management that all ITI holders who have joined and

working in different other cadres i.e. Dumper Operator/Dozer Operator, Clerical, Driver, HEMM Operator and

others engaged in other jobs in other cadre schemes on their selection/posting from E&M Cadre and Excavation

Cadre were not entitled to be placed in higher category, hence operator like Driver/Dumper Operator/SDL Operator

will not get this benefit. Also, it has been stated that this was one time arrangement under I.I.-32 when the Circular

of Coal India dated 22.01.2002 was issued and those who were not eligible at that time could not get benefit. Hence,

according to the management, it was justified in withdrawing the benefits wrongly granted. The management has

accordingly prayed that the reference be answered against the workmen.

No rejoinder has been filed by workmen union.

In evidence, workmen side have examined themselves and have been cross examined. Workmen side has

filed and proved documents Ex. W/1 to W/38, which are different Circulars and RTI queries, to be referred to as and

when required. Management has examined its witness who has been cross examined. Management has filed Ex. M/1

to M/5, to be referred to as and when required.

I have heard argument of Mr. Subodh Agrawal, learned Counsel for workmen side and Mr. Anoop Nair,

Senior Counsel assisted by Mr. Neeraj Kewat for management. Workmen side has filed written arguments also

which is part of record, management has not filed any written argument. I have gone through the record and the

written arguments.

2492

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

On perusal of record in the light of rival arguments, following issues come up for determination in the case

in hand:-

1- Whether the Director (Personnel) SECL had lawful authority and was it within his competence

to issue the Circular no.- 990 dated 30/31.12.2002 superseding Circular Dt 21-02-2002, issued

by Director (Personnel) Coal India under I.I.-32?

2- Will the Circular No.- 990 dated 30/31.12.2002 issued by the Director (Personnel) SECL

override the Circular dated 22.01.2002 issued under I.I.-32 by Coal India ?

3- Whether the Circular no.- 990 dated 30/31.12.2002 issued by Director (Personnel) SECL is

arbitrary & violative of Article 14 of Constitution ?

4- Whether the action of management of Sohagpur Area of SECL in not granting benefits of I.I.-

32 to the workmen who happen to be the Dumper Operators of Dhanpuri OCM under the cover

of Circular no.- 990 dated 30/31.12.2002 ?

5- Relief if any, the workmen are entitled to ?

Issue No.-1 & 2 :-

Since Issue no.-1 & 2 are related to each other, they are being taken together. The Circular issued by Coal

India on 22.01.2002 under I.I.-32 (the relevant portion) is being reproduced as follows :-

“1.(a). ITI Certificate holders with one year course plus one year training at the time of induction will be

placed in category-II and they will be under training for one year in the company.

(b). After completion of one year training such trainees in category-II will be regularize in category-III.

(c). The ITI Certificate holders with two years course plus one year training at the time of induction will be

placed in category-III and they will be under training for one year in the company.

(d). The trainees in category-III will be regularized in category-IV after completion of one year training

in E&M Cadre. The trainees working in Excavation will be regularized in Excavation D. (emphasis

supplied)

2. Existing ITI Personnel who have completed 3 years in existing grade as on 31.12.1999 will be notionally

placed in next higher category/grade w.e.f. 01.01.2000 but financial benefit will accrue w.e.f. 01.01.2001

and this will be personal to them as gone time arrangement.

3………………………………

4………………………………

The Circular no.- 990 issued by Director (Personnel) SECL which is under attack, the relevant portion is

being reproduced as follows:-

(1 to 4).....................

(5). Operator like Dumper Operator/Driver/SDL Operator etc. will not get this benefit.

It is not disputed that Coal India is the parent organization and companies like SECL and other Coal

Companies are its subsidiaries. Hence, bound by the instructions issued by the parent organization Coal India. The

Circular dated 22.01.2002 issued under I.I.-32 by Coal India applies to all of its subsidiaries including SECL.

Management could not produce any Rule or Provision authorizing any of subsidiaries of Coal India to issue

instructions/Circulars overriding the instructions/Circulars issued by Coal India. It is evident from perusal of these

Circulars that the Circular no.- 990, issued by the Director (Personnel)SECL, which is under attack, is not in

conformity the Circular dated 22.01.2002, issued by Coal India to the extent it denies benefit of the Circular dated

22.01.2002 issued by Coal India to operators like Dumper Operator/Driver/SDL Operator etc. Hence, issued by the

Director (Personnel) SECL was not competent to issue the impugned Notification/ Circular No.- 990,

overriding fully or partially the Circular dated 22.01.2002 issued by Coal India and the Circular No.- 990

dated 30/31.12.2002 issued by the Director (Personnel) SECL override the Circular dated 22.01.2002 issued

under I.I.-32 by Coal India

Issue No.-1 & 2 are answered accordingly.

Issue No.-3:-

The Circular dated 22.01.2002 issued by Coal India in para 1.(d). states that after completion of one year

training, the trainees in Category-III will be regularized in Category-IV. The trainees in Excavation will be

regularized in Excv. D (Excavation Department) the impugned Circular no.- 990 issued by Director (Personnel)

SECL states that operators like Dumper Operator/Driver/SDL Operator etc. will not get benefit. These operators are

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2493

of Excavation Cadre and this fact is not disputed. When the parent Circular does not discriminate between ITI

Certificate holders in two cadres, i.e. E&M and Excavation such discrimination at subsidiary level is nothing but

arbitrary and violative of Article 14 of Constitution because it has no basis particularly when from the RTI papers

filed by workmen side Ex. W/17 to Ex. W/38 show that the Circular of Coal India has been uniformly and fully

implemented in all cadres including Excavation Cadre in all other subsidiaries of Coal India like NCL, WCL, CCL

etc.

Issue No.-3 is answered accordingly.

Issue No.-4 :-

On the basis of findings recorded above, the action of management of Sohagpur Area of SECL in not

granting benefits of I.I.-32 to the workmen who happen to be the Dumper Operators of Dhanpuri OCM under the

cover of Circular no.- 990 dated 30/31.12.2002 is held arbitrary and illegal.

Issue no.-4 is answered accordingly.

Issue No.-5 :-

In the light of above findings, this issue is answered against the Management.

In the light of above discussion and findings, following Award is passed -

AWARD

The action of General Manager Sohagpur area in not granting the benefits of Implementation

Instructions 32 to the workmen in the aforesaid references is illegal and unjustified. They are held entitled to

the benefits according to I.I.-32 admissible to them at par with their counter parts working in E & M Cadre.

The management is directed to complete the whole exercise pay the arrears if any within 30 days from the

date of publication of Award in Official Gazette, failing which interest @ of 8% per annum from the date of

Award till payment. No order as to cost.

DATE: 30/04/2024

P.K.SRIVASTAVA, Presiding Officer

नई दिल्ली, 11 िून, 2024

का.आ. 1134.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

Hkkjrh; LVsV cSad

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

vkS|ksfxd vf/kdj.k@Je U;k;ky; iVuk ds iapkV Award ( Complaint Case No 02 C of 2018 (Ref. Case No.

04 (C ) of 2017) izdkf”kr djrh gSA

[la- ,y-12025/01/2024- IR(B-I)-161]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1134.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Complaint Case No. 02 C of 2018 (Ref. Case No. 04 (C ) of 2017) 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)-161]

SALONI, Dy. Director

ANNEXURE

Before The Presiding Officer,

Industrial Tribunal, Patna.

Complaint Case No.- 02(C) of 2018

Reference Case No.:- 04 (C) of 2017

The workman of Sri Jawahar Kumar, S/O- Sri Bhubaneshwar Prasad, Vill.-Harprasad Bigha, P.O- Gaurav

Nagar, P.S- Parwalpur, Dist.-Nalanda ( Complainant ) Versus Sri Akhilesh Kumar Mishra, the Regional Manager,

State Bank of India, Regional Office, Hariji Ka Hata, Arrah-802301 Dist.- Bhojpur (Opposite party)

2494

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

For the management:-

Sri Rashmi Rathi Sharma, Manager, Law, SBI.

Smt. Bhargavi Jha, Manager.

Smt. Richa Priyambada, Law Officer.

For the workman:-

Sri B. Prasad, President, Bank Employees Federation, Bihar.

Present:-

Manoj Shankar

Presiding Officer,

Industrial Tribunal, Patna.

ORDER

Patna, dt- 5th April,2024.

1. This complaint case is filed by the workman Jawahar Kumar against the management bank u/s-33 (A) of the

Industrial Dispute Act, 1947 arising out of Reference Case No.- 04(C) of 2017.

2. The case of the workman vide this complaint petition is thatworkman Jawahar Kumar was a temporary

messenger at Buxar Branch of SBI previously called State Bank of Bikaner & Jaipur. The workman was working

from at Buxar Branch from 16.08.2013. It is further alleged that complainant ( workman ) had caused an Industrial

Dispute before the Regional Labour Commissioner on 29.03.2016 which culminated in reference before this

Industrial Tribunal, Patna i.e registered as Reference Case No.- 04 (C) of 2017. It is further alleged that after

receiving the notice from the Regional Labour Commissioner (C) as well as Industrial Tribunal the opposite party

instructed the then Branch Manager of Buxar Branch to terminate the services of the complainant / workman from

08.12.2017. It is further alleged that as per the instruction of the opposite party the complainant ( workman Jawahar

Kumar ) was terminated from the service of the bank i.e violation of section-33 of the I.D.Act. It is further asserted

that complainant represented the opposite party on 27.12.2017 for reinstatement in service but no positive action

was taken by the opposite party. It is further asserted that opposite party is liable to be prosecuted and punishment as

per section 31 of the I.D.Act for the violation of section-33. Thus the complainant seeks prayer to decide his

complaint and passed the order as deem fit and proper. The complainant also petition enclosed with the copy of the

notification of the Reference Case No.- 04(C) of 2017, copy of the notice dt- 08.11.2017 issued by this tribunal to

the both parties and copy of the representation petition dt- 27.12.2017 sent to the Regional Manager, SBI.

3. On the other hand the opposite party / management bank filed reply to the complaint petition and mentioned

therein the present complaint filed by the complainant u/s-33 of the Industrial Dispute Act, 1947 is only to create a

pressure upon the opposite party / management bank for illegal gain, hence the same is fit to be dismissed. It is

further asserted that complainant had raise the Industrial Dispute before the Regional Labour Commissioner on

29.03.2016 and after failure of the conciliation the Central Government referred this dispute to this tribunal vide

Order No.- L-12012/110/2016-IR (B-I) dt- 26.10.2017 and in that reference case the opposite party / management

bank appeared after receiving the notice and filed reply / written statement accordingly. The allegation of the

complainant is far away from the truth. The fact is complainant was neither an employee of the bank nor appointed

by the bank in any manner so therefore, no question of termination of the service arises at all. It is further asserted

that complainant never worked as a temporary messenger at Buxar Branch from 16.08.2013 rather complainant was

engaged intermittently without any continuity of service depending on requirement by the bank, some time for part

of the day and some time for full day. It is further asserted that the claim of the complainant as per instruction of the

Regional Office the Branch Manager of the Buxar Branch terminated the service of the complainant from

08.12.2017 is totally wrong because complainant was engaged orally on requirement basis and job of the

complainant was casual in nature.So the termination of services from 08.12.2017 does not arises. It is further

asserted that complainant has not made out any prime-facie case of violation of any provision of law and bank has

also not violated any provision of the I.D.Act. It is further asserted that complainant Jawahar Kumar was never

appointed in any manner in the bank as he was engaged orally on requirement basis by the branch and worked

occasionally in the job of the casual nature and other work from time to time in the said branch and he was paid

accordingly. So the conditions of termination of service are no way applicable to him to attract the provisions of

section-31 and section-33 of the I.D.Act.So it is prayed to dismiss the complaint petition.

4. In the light of his complaint petition the workman Jawahar Kumar produced himself as a witness and he deposed

before this tribunal on 27.06.2022. He stated before this tribunal, he was retrenched from discharging the duty at

Buxar Branch of management bank from 08.12.2017 at that time his reference case no.-04(C) of 2017 is pending in

this tribunal. This witness also stated that bank management neither gave any notice, nor any notice pay and not

even any compensation to him before termination.

In cross-examination this witness categorically stated in para-6 is that he has filed this complaint case

against the then Branch Manager of Buxar Branch. This witness also admits no appointment letter was given to him

and no letter was given before this termination. This witness also admits in the same para that he has filed all the

relevant documents in the Reference Case No.- 04(C) of 2017. In para-8 of the cross-examination this witness

categorically stated that one Santosh Kumar Jha the Officer of Regional Office took him to the Buxar Branch for the

work were he never made his attendance and bank had not given him Identity Card. This tribunal finds that the

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2495

management bank did not controvert the evidence of complainant Jawahar Kumar as stated in examination-in-chief

regarding his termination of service from 08.12.2017 while the Reference Case No.-04(C) of 2017 was pending in

this tribunal and also did not denied about any kind of notice or notice pay rather management has cross-examined

the witness otherwise i.e not concerned this complaint case.

5. The workman / complainant also marked his representation petition of dt- 27.12.2017 for the reinstatement of his

service in the bank marked as Ext.-1 with due admission of the management bank. This letter is addressed to the

Regional Manager, SBI Arrah by workman Jawahar Kumar disclosing this facts he was working as a temporary

messenger at the Buxar Branch from 16.08.2013 and before that he work at Regional Office, Patna of SBBJ and he

worked at Buxar upto 08.12.2017 but he has been stopped from working. This Ext.1 is duly admitted by the

management bank.

6. On the other hand,management also examined one witness Akhil Kumar Mishra the DGM of SBI Any Time

Chaineal Corporate Centra, Mumbai who stated before this tribunal that he was Regional Manager at Regional

Office of SBBJ, Arrah from September 2017 to May-2019 and there were 50 branches attached to the Regional

Office. This witness also stated that a instruction was given to all the branches to take the cleaning work for

approved agency only. This witness also stated that during his tenure at Regional Office, Arrah no branch has given

any information about any temporary sweeper or messenger. This witness further stated that this is totally false to

say instruction was passed to the Buxar Branch to terminate the Jawahar Kumar from 08.12.2017.

In cross-examination this witness categorically stated in para-9 is that as per the complaint the matter

related to regularisation. As per complaint the issue of Jawahar Kumar was related to SBBJ but he does not know

whether he was discharging work there. In para-11 of the cross-examination this witness categorically admits that

Mr. S.K. Prasad was the Branch Manager of Buxar Branch of SBBJ in the year-2017 and in para-12 this witness

categorically stated that he can’t say Jawahar Kumar was engaged in SBBJ Buxar Branch from the year-2013. In

para-13 of the cross-examination this witness stated that as for his memory Buxar Branch of SBBJ was taking the

work from out sourcing and he also denied in para-14 that the workman has given any representation to Regional

Manager in the year 2017 and it is also not fact he has given any instruction for the Jawahar Kumar. The evidence of

this witness shows that he was posted at Regional Office from September 2017 to May 2019 and this witness also

stated that he can’t say about Jawahar Kumar working at SBBJ Buxar Branch from 2013. This witness also admits

that the case of the complainant is about regularisation. Moreover, this witness also stated that he does not know the

complainant Jawahar Kumar. So the evidence of the management does not de-establish the claim of the complainant

regarding his termination from work at Buxar Branch from 08.12.2017. No authentic evidence is brought by the

management bank so far as the complainant is concerned.

7. Considering all the facts and materials on the record as discussed above, this tribunal finds that Reference Case

No.-04(C) of 2017 was pending in this tribunal from 07.11.2017 and the notice was issued to both the parties on

08.11.2017. The claim of the complainant ( workman ) in Reference Case No.- 04(C) of 2017 was for his

regularisation his service in the management bank has he was discharging the duties of a temporary worker

messenger and the cleaning work from August 2013 at Buxar Branch continuously and when the notice was

received of this reference case, the management bank terminated the services of working from 08.12.2017 and that’s

why this complaint case is filed by the workman u/s-33(A) of the I.D.Acti.eSection-33(A) deals [ Condition of

service, etc to remain unchanged under certain circumstances during pendency of proceedings.—(1) During

the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding

before 66[ an arbitrator or ] a Labour Court or Tribunal or National Tribunal in respect of an industrial

dispute, noemployer shall—

(a)

In regard to any matter connected with the dispute, alter to the prejudice of the workmen

concerned in such dispute, the conditions of service applicable to them immediately before the

commencement of such proceeding; or

(b)

for any misconduct connected with the dispute, discharge or punish, whether by dismissal or

otherwise, any workmen concerned in such dispute,

save with the express permission in writing of the authority before which the proceeding is

pending.

Taking the crux of this provision of 33 (A) of the I.D.Act the dispute of the workman was pending in this

tribunal to adjudicate about not to regularise the service of workman by management bank as peon / messenger is

justified, and in the mean time workman was stopped from discharging duties at Buxar Branch from 08.12.2017

without seeking any permission by the management bank from this tribunal certainly a violation of section 33 (A) of

the I.D.Acti.e thoroughly established by the complainant (workman ) by way of oral and documentary evidence

(Ext.-1 ). Moreover, management bank has been totally failed to controvert the claim of the workman regarding his

termination from his job from 08.12.2017 without any notice or notice pay.

2496

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

8. On the ultimate analysis all the facts and the materials available on the record as discussed above and submissions

as advanced by both the sides, this tribunal finds and hold that Jawahar Kumar has raised the dispute for not

toregularise his service by the management bank, accordingly Reference is sent by the appropriate Govt. to this

tribunal with reference order no.- L-12012/110/2016-IR(B-I) New Delhi, dated- 26.10.2017 i.e“ Whether the

action of the management of State Bank of Bikaner & Jaipur in not regularizing the services of Sri Jawahar

Kumar Peon / Messenger, Buxar Branch is justified? If not, to what relief the workman concerned is entitled

to?” This tribunal further finds and hold that the case is pending in this tribunal to adjudicate the above issue in the

mean time workman / complainant was stopped from doing duty in the Buxar Branch of SBI from 08.12.2017 i.e

thoroughly established by the complainant before this tribunal, accordingly this is the considered opinion of the

tribunal the complaint as filed by the workman Jawahar Kumar U/S-33(A) of the I.D.Act is correct. This order is the

part of the award passed in Reference Case No.- 04(C) of 2017.This order is effected after date of publication in

gazette.

This is my order accordingly.

MANOJ SHANKAR, Presiding Officer

नई दिल्ली, 11 िून, 2024

का.आ. 1135.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

;qdks cSad ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj

vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV ( 25/2012) izdkf”kr djrh gSA

[la- ,y - 12011/33/2011- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1135.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.25/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their

workmen.

[No. L-12011/33/2011- IR (B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/25/2012

Present: P.K.Srivastava

H.J.S..(Retd)

General Secretary

Dainik Vetan Bhogi Bank Karmchari Sangathan

F-1, Karmabhoomi, Tripti Vihar, Opposite

Engg. College, Ujjain (MP)

Workman

Versus

Asst. General Manager

UCO Bank, Head Office, 10

Old Court Street, Kolkata

Management

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2497

(JUDGEMENT)

(Passed on this 1st day of April 2024)

Vide letter no.-L-12011/33/2011/IR(B-II), dated 18.01.2012, the Government of India, through

Ministry of Labour and Employment, has sent following reference for adjudication.

SCHEDULE

“Whether Shri Ram Singh Ahirwar is workman under the Provision of I.D. Act 1947 ? If yes, whether

Ram Singh Ahirwar is eligible for payment of bonus for the period from 09.11.1988 to 21.08.1996 ? What relief

the workman is entitled to ?”

After registering a case on the basis of the reference, notices were sent to the parties. They appeared and

file their respective Statements of Claim and Defense.

According to the Union, the workman Ram Singh Ahirwar was first employed by management of UCO

Bank, Regional Office, Bhopal on 09.11.1988 and worked till 28.02.1990 on daily wage @ of Rs. 20/- per day

which was increased to Rs. 25/- per day. He further worked in Habibganj Branch of the Bank in Bhopal from

01.03.1990 on daily wage @ of Rs. 35/- per day which was increased to Rs. 40/- and Rs. 45/- per day. He also

worked in the Arera Colony, Branch of the Bank in Bhopal from 22.08.1996 to 09.05.1997 on a daily wage @ of Rs.

55/- per day. Bank paid him bonus for the period of 01.04.1996 to 31.03.1997 and 01.04.1997 to 09.05.1997 but did

not pay bonus for the period of 09.11.1988 to 28.02.1990 and for 01.03.1990 to 21.08.1996, though other daily

wagers like Harinarayan in Vichchod Branch and Dilip Kumar in Bhinoda Branch both in Distt.- Ujjain were paid

bonus for this period also. This action of the management bank in denying bonus to the workman is against law.

Accordingly the workman has prayed that holding him entitled to get bonus for the period from 09.11.1988 to

28.02.1990 and from 01.03.1990 to 21.08.1996, management be directed to pay him bonus accordingly.

According to management, the workman was a daily wage labour, engaged by the Bank on daily rate basis

to meet the exigencies of work from time to time. He was never engaged against any vacancy or a sanctioned post

following recruitment procedure, hence he is not a workman U/s. 2(s) of Industrial Disputes Act 1947, hereinafter

referred to by the word ‘Act’, hence not eligible for bonus for the period claimed by him. Management further stated

that the workman never worked continuously for 240 days in any year. Management has also disputed the right of

the Union to contest this case.

In evidence, workman filed his affidavit as his examination in chief. He has been cross examined by

management the workman has further filed and proved photocopy documents Ex. W/1 to Ex. W/9, to be referred to

as and when required.

Management has not produced any oral or documentary evidence. No oral arguments submitted by any of

the parties, workman side has filed memorandum of arguments which is on record. Management has not filed any

written arguments.

On perusal of record in the light of rival arguments, the reference itself is the issue for determination.

Pleadings of the parties have already been detailed earlier. Before proceedings into the merits of claim and

counter claim, Section 2(j) & 2(s) of the Act are being reproduced as follows –

2(j)

“industry” means any business, trade, undertaking, manufacture or calling of employers and

includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen;

2(s)

“workman” means any person (including an apprentice) employed in any industry to do any manual,

unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of

employment be express or implied, and for the purposes of any proceeding under this Act in relation to an

industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection

with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute,

but does not include any such person—

(i)

who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the

Navy Act, 1957 (62 of 1957); or

(ii)

who is employed in the police service or as an officer or other employee of a prison; or

(iii)

who is employed mainly in a managerial or administrative capacity; or

(iv)

who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per

mensem or exercises, either by the nature of the duties attached to the office or by reason of the

powers vested in him, functions mainly of a managerial nature.

Section 8 of Payment of Bonus Act is also being reproduced as follows –

2498

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

“Eligibility for bonus.—Every employee shall be entitled to be paid by his employer in an accounting

year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not

less than thirty working days in that year.”

In his statement on oath, the workman has corroborated his case that he worked as a daily wager with the

Bank in its different branches from 09.11.1988 to 21.08.1996 and also from 01.04.1996 to 09.05.1997. He further

states that he was paid bonus by the bank for the period from 01.04.1996 to 09.05.1997. Case of management, has

taken by them in their written statement is that since he was a daily wager, he was not a workman and hence not

entitled to bonus. Management has nowhere denied the case of the workman, in their pleadings or evidence (no

evidence by management) nor they have stated that the workman was not paid any bonus for any period as claimed

by him. Hence, the stand of management that the workman, being a daily wager, was not entitled to bonus falls flat.

Now, the question remains to decided as to whether the workman has successfully proved his engagement as daily

wager from 09.11.1988 to 21.08.1996 in different branches of the Bank as stated by him. His statement on oath

corroborates his this case and there is nothing in his cross examination to discredit him on this point. Since, his this

allegation has not been specifically denied by management in their pleadings, it shall be deemed to be admitted by

management. More ever, management has not rebutted this claim of the workman by any evidence.

Hence, holding the claim of the workman that he worked as daily wager with the Bank in its different

branches within the period from 09.11.1988 to 21.08.1996 proved, he is held entitled to bonus for this period based

on number of days he worked with the Bank during this period.

In the light of the above discussion, following award is passed.

AWARD

Holding the claim of the workman that he worked as daily wager with the Bank in its different

branches within the period from 09.11.1988 to 21.08.1996 proved, he is held entitled to bonus for this period

based on number of days he worked with the Bank during this period. No order as to cost.

DATE:- 01/04/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 11 िून, 2024

का.आ. 1136.—vkS|ksfxd fookn vf/kfu;e, 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (10/2019) izdkf”kr djrh gSA

[la- ,y-12011/26/2018- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1136.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.10/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India

and their workmen.

[No. L-12011/26/2018- IR (B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/10/2019

Present: P.K.Srivastava

H.J.S..( Retd)

The General Secretary,

Dainik Vetan Bhogi Bank Karmchari Sangathan, F-1,

Tripti Vihar, Opp. Engg. College,

Ujjain (M.P.) - 456010

Workman

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2499

Versus

The Chief General Manager,

State Bank of India,

Hosangabad Road,

Bhopal (M.P.) - 462004

Management

AWARD

(Passed on this 07th day of May-2024.)

As per letter dated 18/12/2018 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 L-

12011/26/2018 (IR(B-I)) dt. 18/12/2018. The dispute under reference related to :-

“ Whether the following allegations made by the union, Dainik Vetan Bhogi Karmachari Sangathan,

against the management of State Bank of India, Bhopal, in the matter of Shri Pradeep Dhangar, are amount

to unfair labour practice under I.D Act. ?

a.) Not giving appointment letter and not giving termination lettet.

b.) Payment was not made as per pay scale/skill wage.

c.) Minimum Wages not paid.

d.) Muster Roll has not been maintained as per Section 25-D of ID Act

e.) After working for 06 days, the Wages for weekly off and National Holidays 26th January, 15th

Aug were deducted.

If yes, what relief the workman is entitled to? ”

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

them. Time was allotted to the Workman to submit his statement of claim. In spite of the allotment of time and

service of notice, the Workman never turned up and submitted his statement of claim. Management also did not file

its written statement of claim/ defence. No evidence was ever produced by any of the parties in this Tribunal.

The Initial burden to prove his claim is on the Workman. Since the Workman did not file any pleading nor

did he file any evidence, in the absence of any evidence in support of holding the claim of the Workman not proved,

the reference deserves to be answered against the Workman and is answered accordingly.

AWARD

In the light of this factual backdrop, holding that the claim of the Workman is not proved, the

reference deserves to be answered against the Workman and is answered accordingly.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

DATE: 07/05/2024

नई दिल्ली, 11 िून, 2024

का.आ. 1137.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मध्यांचल ग्रामीण बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (05/2022) izdkf”kr djrh gSA

[la- ,y - 12025/01/2024- vkbZ vkj (ch-I)-162]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1137.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.05/2022) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

2500

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Jabalpur as shown in the Annexure, in the industrial dispute between the management of Madhyanchal Gramin

Bank and their workmen.

[No. L-12025/01/2024- IR (B-I)-162]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/A/05/2022

Present: P.K.Srivastava

H.J.S..(Retd)

Ram Milan Kushwaha

S/o. Shri Lolar Prasad Kushwaha

R/o. Village and Post Karthua, Tehsil Chitrangi,

District Singrauli M.P.

Workman

Versus

Madhyanchal Gramin Bank

Through its Chairman, Head Office Poddar

Colony, In front of Mahila Polytechnic College

Hostal, Sagar (M.P.)

General Manager

Madhyanchal Gramin Bank

Regional Office In front of Mahila Polytechnic

College Hostal, Sagar (M.P.)

Regional Manager

Food Corporation of India,

Madhyanchal Gramin Bank, Regional Office,

Collectorate Road ,Munni Bai Colony,

Sidhi (M.P.)

Branch Manager

Madhyanchal Gramin Bank

Branch Kartrhua, Distt.- Singrauli (M.P.)

Management

(JUDGEMENT)

(Passed on this 30th day of April 2024)

The workman has filed this petition U/S. 33-A of the Industrial Disputes Act 1947 (in short the ‘Act’)

seeking declaration of oral termination of his services on 02.08.2022 as illegal and in violation of Section 33-A of

the Act.

The case of the applicant workman, in brief is that he was working as a daily wager in the management

bank since 22.08.1997. His services were illegally terminated by bank w.e.f. 22.08.2000. He raised an Industrial

Dispute in this respect a reference was received to this Tribunal which was registered as R/23/2003 and final Award

was passed on 11.10.2012. The illegal termination was set aside by the Tribunal and applicant was directed to be

reinstated with all back wages and benefits. Management preferred W.P. No.- 3255/2013 before Hon’ble High Court

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2501

of M.P. The back wages was stayed by Hon’ble High Court Single Bench subject to the condition of reinstatement

of the applicant by bank. His services were reinstated in compliance of the direction of Hon’ble High Court in the

aforesaid writ but were illegally discontinued during the pendency of the writ proceedings which is violation of

Section 33-A of the Act.

Management has opposed this application stating that writ is not continuation of proceeding, hence claim is

not covered U/S. 33-A of the Act.

After hearing, the case was fixed for final order. Before final order, learned Counsel for applicant workman

filed an application with affidavit of the applicant stating that since he has now been engaged by the bank, the

dispute as ceased to exist at present and has sought permission to withdraw the petition with liberty that if the cause

of action survives he may again file petition.

After hearing of applicant learned Counsel and perusal of record, it comes out that the application may be

allowed and prayer may be granted. Accordingly, application for withdrawal is allowed as prayed. No order as to

cost.

DATE:- 30/04/2024

P. K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 11 िून, 2024

का.आ. 1138.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (04/2019) izdkf”kr djrh gSA

[la- ,y-12011/17/2018- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 11 June, 2024

S.O. 1138.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.04/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India

and their workmen.

[No. L-12011/17/2018- IR (B-I)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/04/2019

Present: P.K.Srivastava

H.J.S. ( Retd)

The General Secretary,

Dainik Vetan Bhogi Bank Karmchari Sangathan,

F-1,Tripti Vihar, Opp. Engg. College,

Ujjain (M.P.) - 456010

Workman

Versus

The Chief General Manager,

State Bank of India, Hosangabad Road,

Bhopal (M.P.) - 462004

Management

2502

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

AWARD

(Passed on this 29nd day of April-2024.)

As per letter dated 18/12/2018 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 L-

12011/17/2018 (IR(B-I)) dt. 18/12/2018. The dispute under reference related to :-

“ Whether the following allegations made by the union, Dainik Vetan Bhogi Bank Karmachari

Sangathan, against the management of State Bank of India, Bhopal, in the matter of Shri Devendra Goud, are

amounts to unfair labour practice under I.D Act?

a. Not giving appointment letter and not giving termination letter.

b. Payment was not made as per pay scale/skill wage.

c.

Minimum Wages not paid.

d. Muster Roll has not been maintained as per Section 25-D of ID Act.

e.

Applicants have worked 240 days in a year.

f.

After working for 06 days, the Wages for weekly off and National Holiday 26th January, 15th Aug

were deducted.

If yes, what relief the workman is entitled to?”

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

them. Time was allotted to the workman to submit his statement of claim. In spite of the allotment of time and

service of notice, the workman never turned up and submitted his statement of claim. Management also did not file

its written statement of claim/ defence. No evidence was ever produced by any of the parties in this Tribunal.

The Initial burden to prove his claim is on the workman. Since the workman did not file any pleading nor

did he file any evidence, in the absence of any evidence in support of holding the claim of the workman not proved,

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

AWARD

In the light of this factual backdrop, holding that the claim of the workman is not proved, the

reference deserves to be answered against the Workman and is answered accordingly.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

DATE: 29/04/2024

नई दिल्ली, 11 िून, 2024

का.आ. 1139.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (31/2014) izdkf”kr djrh gSA

[la- ,y - 12012/103/2013- vkbZ vkj (ch-I)]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1139.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.31/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India

and their workmen.

[No. L-12012/103/2013- IR (B-I)]

SALONI, Dy. Director

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2503

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/31/2014

Present: P.K.Srivastava

H.J.S..( Retd)

Shri Ravi Kumar Rajput

S/o. Chandu Singh Rajput

H.No. 995, Imalipura, Near Gurudwara

Gorakhpur, Jabalpur (MP)

Workman

Versus

The Chief General Manager

State Bank of India, L.H.O. Hoshangabad

Road, Bhopal (M.P.)

The Branch Manager

State Bank of India, Rampur Branch

District Jabalpur (M.P.)

Management

A W A R D

(Passed on this 21st day of May-2024.)

As per letter dated 22/04/2014 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 L-

12012/103/2013 IR(B-II) dt. 22/04/2014. The dispute under reference related to :-

^^Whether the action of the management of Branch Manager, State Bank of India, Rampur Branch,

Jabalpur/Chief General Manager, State Bank of India, Local Head Office, Bhopal (M.P.) in discontinuing the

services of Shri Ravi Kumar Rajput S/o. Shri Chandu Singh Rajput, Ex-Peon w.e.f. 31.08.2010 and not

absorbing him into State Bank of India from State Bank of Indore pursuant to merger of State Bank of

Indore into State Bank of India is just valid and reasonable ? If not, what relief the workman is entitled to

and from which date ?**

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

them. They appeared and filed their respective statements of claim and defense.

According to the workman, he was appointed by the management on 28.03.2004 as a peon and worked

continuously till 31.08.2010 when his services were terminated without any notice or compensation. During his

service tenure he was required to discharge all the duties of the peon and also other manual works performed by a

Class-IV Employee. The work was of a permanent nature though he was appointed on daily wage basis. He raised a

dispute against his illegal termination which was in violation of Section 25-G and 25-H of the Act. After failure of

conciliation, the reference was sent to this Tribunal. The workman has thus prayed that he be held entitled to be

reinstated with all back wages and benefits setting aside his disengagement.

In its written statement of defense, the bank has denied the engagement of workman in any capacity and

had pleaded that there are certain recruitment procedure for recruitment of employees including peons. According to

the management the workman was never appointed against any regular post following recruitment procedure. In fact

he was purely engaged as a casual labour subject to availability of work. He never worked continuously for 240 days

in an year, hence his disengagement is not in violation of the Act. Accordingly, the bank has requested that the

reference be answered against the workman.

The workman has filed his affidavit as his examination in chief on which he has been cross examined by

management. He has filed and proved photocopy documents which are Ex. W/1 & W/2 list of daily wage payment

to the workman from 31.08.2009 to 28.08.2010, Ex. W/3 details of bonus payment from 04.01.2005 to 28.08.2010.

Management has also filed affidavit of its witness who has been cross examined from the side of workman.

2504

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

I have heard argument of Mr. K.B. Singh learned Counsel for workman and Mr. Praveen Yadav learned

Counsel for Management Bank. I have gone through the record as well.

From perusal of record in the light of rival arguments, following issues arise for determination.

1. Whether the workman has successfully proved his continuous engagement by bank for 240 days and

more within an year ?

2. Whether, the disengagement of the workman is in violation of Section 25-G, 25-F and 25-N of the

Act ?

3. Whether the workman is entitled to any relief ?

Issue No.-1 & 2 :-

Since, both the issues are inter connected, they are being taken together. Pleadings of the parties on these

issues have been detailed earlier. The workman has corroborated his case on these issues in his affidavit as his

examination in chief. In his cross examination, he has stated that he was not issued an appointment letter. He further

states that he did not appear in any written examination and interview for the post, no advertisement was released,

his name was not sponsored by employment exchange and that was engaged by the Branch Manager. The document

regarding payment of bonus to the workman for the period 2005 to 2010 Ex. W/3 goes to show that he was paid

bonus for more than 240 days work in every year. This is further supported by Ex. W/1 & W/2 which is statement

regarding days the workman worked in the year preceding the date of his termination which shows that he worked

for more than 240 days.

On the other hand, the management witness has stated in his cross examination that the workman was a

daily wager casual staff. This witness does not know whether approval for the termination of the workman was

taken or any notice or compensation was given to him on his termination. This witness has referred to the merger

document Clause-7 & 8 which provides that only the services of permanent employees and employees on probation

would be transferred to the transferee bank and not of daily wagers.

The above description of statements and documents are held sufficient to prove the engagement of the

workman for 240 days in any year. Hence, his disengagement is held in violation of the Act because there is no

evidence that the workman was paid any notice wage or compensation on his termination. Hence, holding the

continuous engagement of the workman for 240 days proved, issue no.-1 & 2 are answered accordingly.

Issue No.- 3 :-

Since, the workman was not appointed against any regular vacancy following recruitment process, he was

only a daily wage worker and also the services of only permanent employees as well employees on probation were

transferred to the transferee bank i.e. State Bank of India from the transferor bank i.e. State Bank of Indore as per

Clause-7 & 8 of Merger Agreement, reinstatement of the workman is not a legally tenable relief to be granted to

him. Keeping in view all the facts and circumstances of the case in hand, a lump sum compensation of Rs.

1,00,000/- (One Lac only) in lieu of all his claims will meet the ends of justice to which the workman is held

entitled. Issue no.-3 is answered accordingly.

In the light of above observations and findings, the reference deserves to be answered as follows.

AWARD

The action of management of Branch Manager, State Bank of India, Rampur Branch, Jabalpur/ Chief

General Manager, State Bank of India, Local Head Office, Bhopal (M.P.) in discontinuing the services of Shri

Ravi Kumar Rajput S/o. Shri Chandu Singh Rajput, Ex. Peon w.e.f. 31.08.2010 is held unjust and against law.

Not absorbing the workman into State Bank of India from State Bank of Indore pursuant to merger of

State Bank of Indore into State Bank of India is held just valid and reasonable.

The workman is held entitled to a lump sum compensation of Rs. 1,00,000/- (One Lac only) from

management Bank in lieu of all his claims to be paid to him within 30 days from the date of publication of

Award, failing which interest @ of 8% per annum from the date of Award, till payment.

DATE: 21/05/2024

P. K. SRIVASTAVA, Presiding Officer

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2505

नई दिल्ली, 11 िून, 2024

का.आ. 1140.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

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;

ds iapkV (10/2001) izdkf”kr djrh gSA

[la- ,y - 12012/333/2000- vkbZ vkj (ch-I)]

सलोनी] उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1140.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 19/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of Indore

and their workmen.

[No. L-12012/333/2000- IR (B-I]

SALONI, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/19/2001

Present: P.K.Srivastava

H.J.S..( Retd)

Shri P.N. Sharma, Chairman

All India State Bank of Indore

Employees Co-ordination Committee

138, Shakti Nagar, Jabalpur (MP)-482001

Workman

Versus

The General Manager (Operations)

State Bank of Indore, Head Office, 5

Yeshwant Niwas Road, Indore (MP)

Management

A W A R D

(Passed on this 13th day of May-2024.)

As per letter dated 29/12/2000 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 L-

12012/333/2000/IR(B-I) dt. 29/12/2000. The dispute under reference related to :-

“Whether the action of the management of State Bank of Indore, Regional Office, Jabalpur in

terminating the services of Shri Satish Kumar Garewal w.e.f. 14-7-99 is justified ? If not what relief he is

entitled ?

After registering the case on the basis of the reference received, Notices were sent to the parties and were

duly served on them. They appeared and filed their respective statements of claim and defense.

The case of the workman in short is that the workman Shri Satish Kumar Garewal was appointed as Part

time Peon in Narsinghpur branch of the Bank in June 1994. He worked continuously till 13.07.1999. Thereafter he

was terminated without notice or wages in lieu of one month notice and without payment of retrenchment

compensation, in violation of the provision of Section 25-F of the Industrial Disputes Act, 1947 (in short the Act,

1947). He had worked more than 240 days as required under Section 25-B of the Act, 1947. He was getting Rs. 60/-

per day as wages. It is submitted that the workman be reinstated with full back wages.

The management appeared and filed written statement in the case. The case of the management, interalia,

is that the alleged workman was neither employed as permanent employee nor attained permanent status. He worked

2506

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

as a casual worker for supply of water for few hours in a day as and when required in Narsinghpur branch of the

Bank and was paid as agreed by him. The provision of the Section 25-F of the Act. 1947 is not applicable and

therefore, the question of giving notice or payment of retrenchment compensation does not arise. It is submitted that

his claim be rejected.

On the basis of the pleadings of the parties, the following issues were framed for adjudication by my

learned Predecessor:-

1)

Whether the action of the management in terminating the services of Shri Satish Kumar Garewal

w.e.f. 14.07.1999 is justified ?

2)

To what relief he is entitled ?

Issue No.-1 was decided against the workman by my learned Predecessor on the basis of evidence

recording a finding that the relationship of the workman with the management that he was a workman and the Bank

was the employer as well the fact that the workman worked continuously for 240 days in a year was not proved. On

the basis of finding on issue no.-1, the workman was held entitled to no relief.

The workman filed W.P. No.- 193/2013 before Hon’ble High Court of M.P. at Jabalpur which was decided

Single Bench vide order dated 15.06.2023. Hon’ble High Court observed that with regards to the claim of the

workman that he worked for more than 240 days in a calendar year which was disputed by management, there were

documents pertaining to bonus paid to the workman by the management which figured in the communication of

Assistant Labour Commissioner dated 07.10.1999, when the dispute was raised by the workman. The

communication by the Bank dated 25.11.1999 and 05.05.2000 which contained in the Annexure P/5 to the writ

petition, showed that the Bank informed the Assistant Labour Commissioner that as soon as the bonus register was

received, the information regarding payment of bonus to the workman will be produced before the Assistant Labour

Commissioner. The workman had filed a photocopy of this bonus payment before this Tribunal as well before

Hon’ble High Court as Annexure P/15 but this document was not entertained by this Tribunal as it was photocopy of

original, not admissible in evidence. The Hon’ble High Court further observed that the original was with the Bank,

who was required to supply it to the Assistant Labour Commissioner and this Tribunal also, when it did not dispute

this document. Hon’ble High Court remanded the matter back to decide it a fresh while extending opportunity of

hearing as well opportunity to adduce evidence to both the parties.

Parties were given opportunity to file evidence. Argument of learned Counsel from the both the sides were

heard by me and the record was also perused.

In view of direction of Hon’ble High Court, the workman filed RTI original documents which go to show

that in the year 1996-97 the workman was paid bonus for working 25 days per month. This document further shows

that he was paid bonus in the year 1997-98 shown working for 25 days per month. Further he was paid bonus for the

year 1998-99 which was Rs. 1324/-. The number of days he worked is not mentioned but it is mentioned that he was

paid @ of Rs. 55/- per day and the total payment of wages paid during the year was 15895/-. On this basis, it comes

out that he worked for 289 days in the year 1998-99 as a daily wager. This document conclusively proves the fact

that firstly, the workman was engaged by the management Bank and secondly, he worked for more than 240 days in

the year preceding the date of his disengagement which is 14.07.1999. Since, there is nothing on record that the

workman was given any notice or retrenchment compensation as required in 25-F of Industrial Disputes Act 1947,

hence, his disengagement is held against law.

Since, the workman was not appointed against any sanctioned post by following recruitment process and

also the fact that he died during the proceedings and being represented by his legal representatives, his reinstatement

is not a proper relief. In my considered view, a lump sum compensation of Rs. 2,00,000/- lacs in lieu of all the

claims will meet the ends of justice.

In the light of above findings, following Award is passed.

AWARD

Holding the action of management State Bank of Indore, Regional Office Jabalpur in terminating the

services of deceased Satish Kumar Garewal w.e.f. 14.07.1999 unjustified in law, his legal representatives are

held entitled to a lump sum compensation of Rs. 2,00,000/- lacs payable to them within 30 days from the date

of publication of Award in official Gazette, failing which interest @ of 8% from the date of Award till

payment.

DATE: 13/05/2024

P. K. SRIVASTAVA, Presiding Officer

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per rules.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2507

नई दिल्ली, 11 िून, 2024

का.आ. 1141.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (55/2019) izdkf”kr djrh gSA

[la- ,y-12012/13/2019- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1141.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.55/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of Punjab National

Bank and their workmen.

[No. L-12012/13/2019- IR (B-II)]

SALONI, Dy. Director

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,

JABALPUR

NO. CGIT/LC/R/55/2019

Present: P.K.Srivastava

H.J.S..( Retd)

Shri Ashish Chouria,

Parasia Road, Opp. Krishna Tower,

Adarsh Nagar, Near Shiv Mandir,

Chhindwara (M.P.)

Workman

Versus

The Branch Manager,

Punjab National Bank,

Nepiur Town, 1227,

Jabalpur (M.P.)

Management

A W A R D

(Passed on this 16th day of May-2024.)

As per letter dated 09/05/2019 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 L-

12012/13/2019 (IR(B-II)) dt. 09/05/2019. The dispute under reference related to :-

“क्या, आवेिक श्री आिीष चौररया दिनांक 20/9/11 से दिनांक 19/5/2014 तक ृंिाब नेिनल बैंक की िा ा ृराजसया

जिला जछिवाडा में बतौर िजनक वेतन भोगी कमवचारी जनयोजित े, यदि िां तो क्या िा ा प्रबंिक द्वारा आवेिक श्री आिीष चौररया

को जबना दकसी ृूवव सूचना/कारण के दिनांक 19/5/2014 से सेवा से िटाना न्यायसंगत िज? यदि निीं तो आवेिक क्या अनुतोष ृाने

का अजिकारी िज?”

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

them. Time was allotted to the workman to submit his statement of claim. In spite of the allotment of time and

service of notice, the workman never turned up and submitted his statement of claim. Management filed its written

statement of claim/ defence. No evidence was ever produced by any of the parties in this Tribunal.

The Initial burden to prove his claim is on the workman. Since the workman did not file any pleading nor

did he file any evidence, in the absence of any evidence in support of holding the claim of the workman not proved,

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

2508

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

AWARD

In the light of this factual backdrop, holding that the claim of the workman is not proved, the

reference deserves to be answered against the Workman and is answered accordingly.

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as per

rules.

P. K. SRIVASTAVA, Presiding Officer

DATE: 16/05/2024

नई दिल्ली, 11 िून, 2024

का.आ. 1142.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ds iapkV (147/2017) izdkf”kr djrh gSA

[la- ,y-12012/78/2017- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 11th June, 2024

S.O. 1142.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.147/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Jabalpur as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their

workmen.

[No. L-12012/78/2017- IR (B-II)]

SALONI, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/147/2017

Present: P.K.Srivastava

H.J.S..( Retd)

Shri Radhakant Yadav

S/o. Shri Gupteshwar Yadav

H.No. 2204/8, Nirmal Chand Jain

Ward, New Kanchanpur, Adhartal

Jabalpur (MP)

Workman

Versus

The Branch Manager

UCO Bank,

Vehicle Factory Branch

Jabalpur (M.P.)

Management

A W A R D

(Passed on this 14th day of May -2024.)

As per letter dated 13/11/2017 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 L-

12012/78/2017 IR(B-II) dt. 13/11/2017. The dispute under reference related to :-

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2509

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

them. The workman appeared and filed his statement of claim. The management also appeared on 21.08.2018

through its Counsel Shri Anoop Dubey who filed Vakalatanama for management. Thereafter, management absented

itself, hence the reference proceeded ex-parte against management vide order dated 17.07.2019.

According to the workman, he was appointed by the Branch Manager in January 2007 on the post of

Casual Labour/Peon paying wages on daily rate and continuously till December 2015 thus worked more than 240

days in continuous service of the Bank in every year. His salary was credited in his bank account by the

management. He was also paid bonus for this period. Being in continuous service of the Bank, he had acquired

permanent status. He was terminated by management without notice or compensation in violation of Section 25-F of

the Act. Since then, he is out of job. It is further his case that one Prakash Thakur was employed by the Bank in his

place after his termination who still continues in service of the Bank. Thus, according to the workman this action of

management is unjust, illegal and arbitrary. He has prayed that he be reinstated with all back wages and benefits.

No written statement was filed by management.

The workman filed his affidavit which is uncontroverted. He filed and proved the original passbook of his

saving Bank Account from 24.12.2007 to 20.07.2016, photocopy payment vouchers, bonus sheet which have been

marked Ex. W/1 to Ex. W/4, by way of secondary evidence under permission from this Tribunal after a requisition

to management to file originals of the documents was served under order of this Tribunal but Bank did not file these

documents.

I have heard argument of learned Counsel for workman Shri Arun Patel and have gone through the records.

The reference itself is the issue for determination.

Section 25-B and 25-F of the Industrial Disputes Act 1947 (in short ‘Act’) are being reproduced as follows

:-

“25B. Definition of continuous service.—For the purposes of this Chapter,—

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in

uninterrupted service, including service which may be interrupted on account of sickness or authorized

leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due

to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one

year or six months, he shall be deemed to be in continuous service under an employer—

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the

date with reference to which calculation is to be made, has actually worked under the employer for not

less than—

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

(b) for a period of six months, if the workman, during a period of six calendar months preceding the date

with reference to which calculation is to be made, has actually worked under the employer for not less

than—

(i) ninety-five days, in the case of a workman employed below ground in a mine; and

(ii) one hundred and twenty days, in any other case.

Explanation.—For the purposes of clause (2), the number of days on which a workman has actually

worked under an employer shall include the days on which—

(i) he has been laid-off under an agreement or as permitted by standing orders made under the

Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under

any other law applicable to the industrial establishment;

(ii) he has been on leave with full wages, earned in the previous years;

(iii)

he has been absent due to temporary disablement caused by accident arising out of and in the

course of his employment; and

(iv)

in the case of a female, she has been on maternity leave; so, however, that the total period of

such maternity leave does not exceed twelve weeks.

2510

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

25F. Conditions precedent to retrenchment of workmen.—No workman employed in any industry who

has been in continuous service for not less than one year under an employer shall be retrenched by that employer

until—

(a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment

and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the

period of the notice; 1 * * * * *

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to

fifteen days' average pay for every completed year of continuous service or any part thereof in excess of

six months; and

(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be

specified by the appropriate Government by notification in the Official Gazette.”

The workman has corroborated his case in his affidavit which is uncontroverted and is supported by his

passbook in which his salary for the period in question has been credited. It is further corroborated by bonus

statement, hence, he is held to have successfully proved his continuous engagement with the management Bank for a

period of 240 days and more in every year, including the year preceding the date of his termination. His statement

that he was not paid any notice pay or compensation, his disengagement is held against 25-G of the Act.

Since, the workman was a daily wager, not appointed following recruitment procedure against a sanctioned

vacancy, his reinstatement will not serve the ends of justice. Keeping all the facts and circumstances of the case in

hand, a lump sum amount of Rs. 1,00,000/- (One Lac) in lieu of all his claims will meet the ends of justice, which he

is held entitled to receive from Bank within 30 days from the date of publication of Award in official Gazette, failing

which interest @ of 8% per annum from the date of Award, till payment.

The reference is answered accordingly.

DATE: 14/05/2024

P. K .SRIVASTAVA, Presiding Officer

Let the copies of the award be sent to the Government of India, Ministry of Labour & Employment as

per rules.

नई दिल्ली, 12 िून, 2024

का.आ. 1143.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh;

ljdkj सेंट्रल बैंक ऑफ इंडडया ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd

fookn esa vkS|ksfxd vf/kdj.k@Je U;k;ky;] iVuk ds iapkV ( 03 C of 2011) izdkf”kr djrh gSA

[la- ,y-12012/88/2010- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 12th June, 2024

S.O. 1143.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 03 C of 2011) of the Indus.Tribunal-cum-Labour Court Patna as

shown in the Annexure, in the industrial dispute between the management of Central Bank of India and their

workmen.

[No. L-12012/88/2010- IR(B-II]

SALONI, Dy. Director

ANNEXURE

Before The Presiding Officer,

Industrial Tribunal, Patna.

Reference Case No.:- 03 (C) of 2011

Between the management of the Zonal Manager, Central Bank of India, Pawapuri Vihar Bhavan, Bhagwanpur

Chowk, Muzaffarpur And their workman Sri Phool Babu Singhrepresented through the General Secretary, Bihar State

Central Bank Employee’s Union, Central Office, 2nd Floor, B Block, Mourya Lok Complex, Patna, Bihar.

For the management:-

Sri Siddharth Harsh, Advocate.

For the workman:-

Sri Rajesh Sahay, Advocate.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2511

Present:-

Manoj Shankar

Presiding Officer,

Industrial Tribunal, Patna.

AWARD

Patna, dt- 3rd May, 2024.

By the adjudication order no.- L-12012/88/2010-IR(B-II) New Delhi, dated- 09.02.2011 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 Zonal Manager, Central Bank of India, Pawapuri Vihar Bhavan, Bhagwanpur Chowk, Muzaffarpur And their workman

Sri Phool Babu Singh represented through the General Secretary, Bihar State Central Bank Employee’s Union, Central

Office, 2nd Floor, B Block, Mourya Lok Complex, Patna, Bihar for adjudication to this tribunal.

SCHEDULE

“Whether the action of the management of Central Bank of India, Zonal Office, Muzaffarpur over alleged

illegal retrenchment of Shri Phool Babu Singh from service w.e.f Sep. 2008 as he worked continuously for

more than 13 years w.e.f 1994. If it is unfair labour practice what relief the workman is entitled to?”

2. As per the written submission ( W.S ) of the workman Phool Babu Singh. The case of the complainant is that Phool

Babu Singh had been working continuously for more than thirteen ( 13 ) years from the year 1994. Phool Babu Singh vide

his letter dt-12.05.2008 represented before the Labour Commissioner Central stating therein that he had been working for

the last 13 years in the management bank but his service was discontinued, he lodged a complaint against action of the

management for not absorbing as permanent sub-staff to higher authority of the bank. Letter on his dispute was raised

before the ALC (C) Patna disclosing he has worked for last 13 years and he prayed for regularisation of his service in the

bank as a subordinate staff. Since he was not a permanent employee so his name was not appearing in the muster-roll. It is

further asserted that his payment were made on day to day basis through payment vouchers and thereafter was no

discontinuation of his service in the said branch except Sunday and holiday. It is further asserted that many time, Phool

Babu Singh was forced by the management to receive payment of his wage in some fake names but it was always in his

handwriting signing over the vouchers. This act of the management is not only illegal but a fraudulent one. It is further

asserted that Garkha Branch vide letter dt- 13.10.2001 accepted his working for 129 days in the year 2001 and it is also

mentioned Phool Babu Singh is still working. It is further asserted that there are various branches where there is no sub-

staff was posted and the bank is in the dire need to recruit the sub-staff class IV in order to post one in every branch.Thus

the work of Phool Babu Singh is entitled to be regularized in the bank service and the management is totally involved in

unfair labour practice by discontinuing his service arbitrarily.

3. Even after notice issued to the management bank, the management bank did not turned up before this tribunal then

tribunal has no option then to proceed ex-parte hearing vide order dt-21.03.2012. Thereafter workman side examined

altogether three witnesses including workman, who are namely W.W-1 Harbansh Singh, W.W-2 Motilal Mahato and

W.W-3 Phool Babu Singh himself. It also appears from the record that the workman side filed a petition before this

tribunal on 28.05.2014 with a prayer to direct the management bank to produce vouchers accordingly the notice was sent

to the bank vide memo no.-149 dt-30.06.2014 but management side did not produced any documents as asked by the

workman side. Ultimately the evidence of the workman side got to be closed vide order dt-12.10.2015 and the case has

fixed for the argument but workman was never vigilant in his own case and did not complete his argument rather he

became absent from 19.03.2018 on wards. In the mean time management bank filed vakalatnama in favour of Sri Rakesh

Ranjan, Advocate on 19.09.2018. Records show that parties became absent and in the mean time corona broke out and so

no proceeding of the case could be taken up in the absence of both the sides. Record shows that on 16.12.2021 both the

parties appeared. Bank management filed fresh vakalatnama in favour of Mr Sidharth Harsh Advocate and workman also

deputed Mr. Rajesh Sahay, Advocate from his side on dt- 24.02.2022. Record shows that management side appeared and

filed a petition for recalling the ex-parte order on 07.03.2022. After hearing of both the sides the prayer of recalling ex-

parte proceeding of management is allowed with cost of Rs. 10,000/- ( Rs. Ten Thousand ) vide order dt- 16.03.2022.

Subsequently management bank filed written statement on 07.04.2022 and also filed a petition on 28.04.2022 for giving

opportunity for the cross-examination of already examined witnesses from the workman side that was also allowed with

cost.

4. As per the written statement filed on behalf of the management bank on 07.04.2022 that the claim as filed by the

complainant Phool Babu Singh for his regularization is not maintainable. He has never worked continuously for 13 years

as claims rather he was casual labour and he was engaged by the Garkha Branch of Central Bank of India on daily wages.

As per record the workman has worked for only 93 days in the year 2000 and for only 78 days in the year 2001. It is

further asserted that the workman Phool Babu Singh is not only person who was engaged in the Garkha Branch on daily

wages rather there were other persons too who were engaged on daily wages but the workman is claiming illegally

showing branch for the vouchers prepared in the name of some other persons. It is further asserted that workman has to

prove he was continuously work for 13 years in Garkha Branch. It is further asserted that there is no rule and provision for

regularization of such casual labourers in the Central Bank of India and even there is no provision of any absorption of

2512

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

casual labourer in Central Bank of India. It is further asserted that the workman did not work for continuous 240 days in

the preceding year of his alleged termination year-2008. As the matter of fact the workman was never terminated by the

bank as there was no such occasion because of reasons that the workman had never been staff of the Central Bank of India

and he was never engaged against the sanctioned vacant post. It is further asserted that workman was paid for his service

rendered for to the Garkha Branch as a labourer through vouchers. The vouchers in the name of other has been paid to the

name lenders who were casual labour on daily wages at the given time and this itself proves the workman never working

continuously. Thus on the facts and circumstances set-forth above the claim of the workman devoid of merit and he is not

entitled for any relief.

5. Having considering the rival submissions of workman as well as of the management side, the following issue are

recasted for the adjudication;

(i)

“Whether the claim of the workman Phool Babu Singh was working continuously more than 13 years

from September-1994 to September-2008 is established”.

(ii)“

Whether the action of the management of Central Bank of India, Zonal Office, Muzaffarpur over

alleged illegal retrenchment of Shri Phool Babu Singh from service w.e.f Sep. 2008 as he worked

continuously for more than 13 years w.e.f 1994. If it is unfair labour practice what relief the workman

is entitled to?”

6. In order to establish the claim of the workman, the representative of the workman examined altogether three witness,

who are namely Harbansh Singh as W.W-1, Motilal Mahto as W.W-2 and Phool Bahu Singh as W.W-3.

7. It is worth mentioning here that W.W-1 Harbansh Singh was produced by the workman side at the time of

ex-parte proceeding and when the management side appeared and prayed to recall the ex-parte order and to direct the

workman side to produce witnesses of workman, the workman side only produced W.W-2 Motilal Mahto and W.W-3

the workman for cross-examination he could not produced w.W-1 Harbansh Singh for cross-examination due to his

death i.e evident from the order sheet dt- 28.04.2022.

Besides oral evidence workman side got some documents marked as Extd.;

(i)

Ext.-W Information given by the management bank to the quarry of workman

Phool Babu Singh vide letters dt- 20.09.2012 and 31.11.2012.

(ii)

Ext.-W/1 Payment voucher of dt- 10.06.2005 amounting of Rs. 50/-.

(iii)

Ext.-W/2 Copy of the loan recovery register through which letters served to

different customers i.e from page-04 to 22.

(iv)

Ext.-W/3 Payment voucher of dt- 12.07.2004 in favour of Phool Babu Singh.

(v)

Ext.-W/4 Payment voucher of dt- 30.05.2006 showing Misc. expenditure given to

Phool Babu Singh.

(vi)

Ext.-W/5 Copy of service of the notice to customer from 2001 to 2003 served by

Phool Babu Singh.

(vii)

Ext.-W/6 Copy of the payment voucher of 2005 to 2006 i.e from page 01 to 56 of

supplementary documents.

(viii)

Ext.-W/7 Photo copy of payment vouchers for the year 2006 to page 57 to 187.

(ix)

Ext.-W/8 Letters of dt- 31.11.2012 and 20.08.2014 given by the bank to the Phool

Babu Singh under quarry of Right to Information Act.

(x)

Ext.-W/9 Petition of dt- 17.08.2012 and 22.07.2014 given by the Phool Babu Singh

to information officer of Central Bank of India, Regional Office.

8. On the other hand management side examined just one witness Sushil Kumar Yadav. Beside oral evidence management

also filed some documents and get it marked Extd as;

(i)

Ext.-M/1 Copy of the salary sheet of all the employee of Garkha Branch of Central

Bank of India from the August-2007 to December-2007.

(ii)

Ext.-M/2 Hand written of salary scroll of Garkha Branch from period the

January 2007 to July 2007.

9. Now this tribunal securitizes the evidence of workman first W.W-1 Harbansh Singh who deposed on 11.11.2013. Who

stated before this tribunal, that he was Arm Guard in the Garkha Branch of the Central Bank of India from 1996 to 2005

and during his tenure Phool Babu Singh was doing duties of a casual peon and he got payment @ Rs. 60/- per day. This

tribunal finds that this witness was examined at the time of ex-parte proceeding and when the management side appeared

and on the prayer of the bank ex-parte proceeding was recalled and also workman was direct to produce witness but

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2513

Harbansh Singh could not be appeared for cross-examination due to his death as per petition filed by the workman side on

28.04.2022.

10. W.W-2 Motilal Mahto who is the employee of Durga Service Station who deposed before this tribunal that there is one

account of Durga Service Station in the Garkha Branch of Central Bank of India and he used to visit to Garkha Branch

from his firm for his work and when ever he came to the Garkha Branch he found Phool Babu Singh was working as a

peon in the said branch till the year 2006.

In cross-examination this witness categorically stated in para-5 that he is working at Durga Service Station as a

Nozalman and there is manager also who maintain the account of petrol pump and some time he sends other staff like me

for the draft in the said bank. In para-9 of the cross-examination this witness categorically stated that Phool Babu Singh

filed this case because he was retrenched from the Central Bank of India and he further denied that bank took the service

of Phool Babu Singh as per requirement. In para-11 of the cross-examination this witness categorically stated that petrol

pump manager also sent him to the Garkha Branch bank for making drafts. In para-13 this witness stated that he does not

remember how many class IV and officers were posted in Garkha Branch. This witness further admitted in para-14 of the

cross-examination, besides Phool Babu Singh one Ram Babu, Balram Manjhi and one Mr. Choudhary were also posted in

the said branch. In para-15 of the cross-examination this witness categorically stated that he does not know R.P.Roy and

C. Roy were class IV employee in the Garkha Branch. This witness further denied that he deposed here at the instruction

of Phool Babu Singh.

10.

W.W-3 Phool Babu Singh who stated before this tribunal that he discharged duties as a casual daily wager in

Garkha Branch of Central Bank of India from 1994 to September 2006. Initially he received payment of his wages @ Rs.

20/- per day later on it was enhanced to Rs. 30/- and finally he received payment of wages from the bank @ Rs. 60/- day.

He further stated that he always received his payment through vouchers and he put his signature on the back of the

vouchers. This witness further stated that some time voucher were prepared in the name of other like Shankar Sah, Vijay

Sah, Dinesh Singh, Sonu Kumar and Arbind Kumar as per instruction of manager, abd he was forced to put the signature

of these persons on the vouchers for receiving the payment. He also stated that manager told him it is done because if you

work more than 240 days in his own name you can claim for the regularization of service. This witness further stated that

Harbansh Singh the staff of bank and Motilal Mahto customer have apprised about my continuous working in the said

branch. This witness further proved some documents i.e The information supplied by the bank on his quarry under Right

to Information Act of dt- 20.09.2012 and 31.11.2012 marked as Ext.-W. Payment voucher of dt- 10.06.2005 received by

Phool Babu Singh amounting Rs. 50/- as Ext.-W/1, Acknowledgement of notice of the customer served by Phool Babu

Singh from the period from 12.07.2004 to 30.05.2006 ( page-4 to 22 ) marked as Ext. W/2. This witness further proved

another payment voucher of dt- 12.07.2004 received by him as W/3 and payment voucher of dt- 30.05.2006 marked as

Ext.-W/4. This witness further proved the acknowledgement of the customer of the notice served by him from the period

of 2001 to 2003 ( page 25 to 65 ) marked as Ext.- W/5. This witness further proved the copy of the payment voucher of

the year 2005 ( page 01 to 56 ) of supplementary documents marked as Ext.-W/6 and further proved copy of the payment

voucher of the year 2006 ( page 57 to 187 ) marked as Ext.- W/7. This witness further proved the information supplied by

the management bank of dt- 20.03.2014 and 31.11.2012 to Phool Babu Singh under the Right to Information Act, marked

as Ext.- W/8. This witness further proved the petition given by him to the information officer of Central Bank of India

under the RTI Act of dt- 17.08.2012 and 22.07.2014 marked as Ext.-W/9.

In cross-examination this witness categorically admitted in para-6 he never filed any petition in the bank for

doing the work of casual worker. In para-7 this witness admits that bank employee R.B. Roy, P.K. Choudhary, C. Rai and

B. Manjhi are very much acquainted with him. All the four above were class IV employee of the bank. In para-11 of the

cross-examination this witness categorically denied that bank took his service of an on duty of class IV staff and he further

denied that there is no rule in the Central Bank of India to making a casual daily worker in the permanent category.

11.

On the other hand management examined one witness namely Sushil Kumar Yadavas M.W-1 who deposed

before this tribunal on 01.02.2023. He filed his affidavited evidence stating therein that he is the Branch Manager of

Garkha Branch of Central Bank of India at present. He came to know the present case from the documents available in his

bank. This witness further stated that the complainant has brought this dispute for regularization of his service on the basis

of working from period 1994 to 2007 as a labourer. This witness further stated that prior to 2006 to 2007 there was no

vacancy of class IV employee in the Garkha Branch because two peons and one cleaning staff were posted in the said

branch this is evident from the salary register and it is proved as Ext.-M/1. This witness further stated that on the basis of

documents he found complainant was working as a casual labour in the branch and he never worked continuously on each

working day in a calendar year. This witness further stated that there is no rule in Central Bank of India to regularise a

casual labourer as a permanent employee. This witness further stated that in his Central Bank of India, payment of wages

is always given to the named worker. This witness proved the salary register of the period August 2007 to December 2007

of all the employee of Garkha Branch as Ext.-M/1 and further prove the salary scroll from the period of January 2007 to

July 2007 as Ext.-M/2.

In cross-examination this witness categorically admits in para-11 that Phool Babu Singh never worked with him

and he saw him in this tribunal only. In para-12 of the cross-examination this witness categorically stated Phool Babu

Singh was never employee of the bank and he discharged a duty of a casual labourer for which he was duly paid. In

2514

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

para-13 of the cross-examination this witness admits that the documents he placed before this tribunal and marked it

asExts are of regarding permanent staff of the Garkha Branch. This witness further admits that in para-16 that casual

worker / daily wager gets payment through vouchers and vouchers always kept for 10 years and this witness further

denied that he is not aware about fact of the case and deposed at the instance of management bank.

12.

It is argued by the learned counsel for the workman is that workman Phool Babu Singh discharged his duties as a

sub-staff in the Garkha Branch of Central Bank of India from 1994 to 2007 continuously.It is further argued that

workman, through the payment vouchers, used to received his payment from the branch. It is further argued that initially

management side did not produce the payment vouchers but when workman asked the payment vouchers under RTI

management produced payment vouchers of the year 2005 and 2006 i.e marked Ext.-W/6 & W/7 respectively that is

strong documentary evidence of Phool Babu Singh was in continuance of service from 2005 to 2006. It is further argued

that workman has discharged his duties for more than 240 days in continuance preceding his termination and thus the

management has violated the principle of section 25(B) by ignoring to him not to regularised his service and also

committed a kind of unfair labour practice by taking the service of workman for more than 13 years and thereafter

retrenched him from the service that also covered u/s- 2(oo) of the I.D.Act. Hence action of the management by

retrenching the Phool Babu Singh from his service is not legal and not justified and this is the clear cut unfair labour

practice on the part of the management bank.

13.

On the other hand it is argued by the representative of the management side. The claim of the workman Phool

Babu Singh is not maintainable because he was never in continuance of service as a sub-staff rather Phool Babu Singh was

engaged by the Garkha Branch as per requirement and for which he was duly paid. It is further argued that Phool Babu

Singh claimed he was discharging the duties of sub-staff but no details of his working is given either in his statement of

claim or in his evidence before this tribunal rather he claimed in his evidence he discharged the duties as a daily wager and

the document as marked by the workman side shows that whenever he gave his service to the bank as a daily wager he

was paid on that very day that is indicative of this facts he was never in continuance of service as a sub-staff. It is further

argued that Phool Babu Singh himself deposed before this tribunal he has worked till 2006 in the Garkha Branch.

However, he raised the dispute for the working from 1994 to September 2008 for whichthe terms of reference is sent for

adjudication here. It is further argued that workman did not produce any documentary evidence of his payment from

Garkha Branch for the period of 1994 to 2000. Moreover, workman has been completely failed to establish, he has worked

for more than 240 days in continuance preceding his alleged termination September 2008. It is further argued that Garkha

Branch of the Central Bank of India was well equipped with the class IV employees there was no vacant post in the said

branch so there is no question of taking the services of Phool Babu Singh regularly as a sub-staff rather bank took his

services as an when required for which he was duly paid hence the action of the management bank was neither illegal nor

unjustified.

14.

Considering the all the facts and materials available on the record as placed by the both the parties and further

considering the submissions as advanced on behalf of the both the sides, this tribunal finds that the claim of the workman

Phool Babu Singh is the discharged his duties continuously for more than 13 years in the Garkha Branch of management

bank from 1994 to September 2008 and he was not regularised by the management bank after prayer made before the

authority of the bank. In the context Phool Babu Singh himself deposed before this tribunal he was working as a casual

daily wager in the Garkha Branch of Central Bank of India from 1994 to September 2006 and for which he was paid @

Rs. 20/- per day in the initial year later on he was enhanced Rs. 30/- per day and lastly Rs.60/- per day that shows that

workman worked at Garkha Branch till 2006 only not till September 2008 as per the terms of reference moreover,

workman did not produce any documentary evidence regarding his working from 1994 to 2000. Whatever the document

placed by the workman that shows that the payment voucher dt- 10.06.2005 Ext.-W/1 is amounting to Rs. 50/- paid to

Phool Banu Singh and Ext.-W/3 payment voucher of dt- 12.07.2004. Ext.-W/4 a payment voucher of dt-30.05.2006

showing Misc. expenditure given to Phool Babu Singh. Ext.-W/6 and W/7 payment vouchers of the year 2005 – 2006 that

contains 187 vouchers in total i.e paid to the Phool Babu Singh on the day he has given any work to the bank these

payment vouchers show that Phool Babu Singh was not in continuance of his services more than 240 days either in year

2005 or 2006 rather whenever he gave his duty as a daily wager during the 2005-2006 he was paid accordingly by the

bank. This tribunal further finds that some documents also filed by the workman i.e not marked exhibited but the

document of 13.10.2001 i.e issued by the Branch Manger, Garkha Branch to the Regional Officer regarding casual

labourer in which it is reported by the bank Phool Babu Singh worked as a daily wager in the year 2000 -129 days and

from August 2000 to July 2001 198 days those documents not marked Extd. by the workman side but it establish

workman was not in continuance of service through of the year either in year 2000 – 2001. This tribunal further finds that

workman Phool Babu Singh filed details of the customers to whom he served the notice during the period of 19.01.2001 to

06.08.2003 i.e marked Ext.-W/5 but this document also does not show he had served notice to the customers daily given

by the bank rather it shows that whenever he was given this duty to serve the notice that details is mentioned. This tribunal

further finds that workman claim that he has discharged the duty in continuance for more than 240 days in the preceding

year of the alleged termination September 2008 but no cogent and authentic evidence is produced by the workman himself

either in his oral evidence or by documentary evidence rather there is difference period of about his work in his statement

of claim and in his evidence before this tribunal as in his evidence, Phool Babu Singh claim before this tribunal he

worked as a daily wager in Garkha Branch from 1994 to September 2006 and however, in his statement of claim he

disclosed the work till 2008. No document is placed by the workman of the year 2007 and 2008. So workman has been

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2515

totally failed to establish he was discharging continuance service for more than 240 days preceding his alleged termination

as per the terms of reference. This tribunal further finds and hold that claim for regularization for any workman in any

industry like bank. One who has to discharge continuous duties for more than 240 days in a calendar year and then it is

said he has discharged regular duty as per Section 25(B) of the I.D.Act but here in the instant case, the workman Phool

Babu Singh failed to establish he was discharging his duties continuous for more than 240 days in a calendar year

preceding his alleged termination September 2008 as per terms of reference. This tribunal further finds that four class IV

employees were posted in Garkha Branch during the tenure of the Phool Babu Singh i.e himself admitted by the Phool

Babu Singh in para-7 of the cross-examination. This admission of the Phool Babu Singh clearly shows that there was no

need of class IV staff in the said branch and this is also reported by the management witness before this tribunal. This

tribunal further finds that management witness claim that Phool Babu Singh was simply casual daily wager and bank took

his service as and when required for which he was duly paid and this is also evident from the payment voucher as marked

by the workman side. This tribunal further finds that two other witness namely Harbansh Singh W.W-1 the Arm Guard

and Motilal Mahto W.W-2 who are the customer also supported this facts Phool Babu Singh was working as a casual

labourer in the Garkha Branch this is also not denied by the management bank but as per the schedule of terms of

reference workman Phool Babu Singh has been completely failed to establish his claim about his continuous working for

more than 240 days in a calendar year preceding his alleged termination September 2008 either by oral or documentary

evidence. So this tribunal finds and hold that management bank has committed no violation of Industrial Dispute Act and

did not commit any unfair labour practice rather whatever duties as a daily wager Phool Babu Singh discharged his duties

in the Garkha Branch he was duly paid because there was permanent class IV employees posted in the Garkha Branch and

there was no need of class IV staff but on the exigency other Misc. work Garkha Branch took the service of Phool Babu

Singh intermittently and on from 1994 to 2006 as per his evidence also can’t ruled out.

Accordingly on the basis of the material available on record as discussed above this tribunal finds and hold that

workman Phool Babu Singh is not entitled for reinstatement and regularization in the service of the management bank as

per his claim. But taking into consideration his engagement though intermittently for a long time in the Garkha Branch of

management bank, workman Phool Babu Singh is entitled for a lum-sum amount of Rs. 2,00,000/- ( Rs. Two Lakhs only )

as a relief from the management bank. Accordingly management bank is directed to make payment of Rs. 2,00,000/- ( Rs.

Two Lakhs only ) to the workman Phool Babu Singh within two month from date of publication / Gazatte of the award.

This award is effected after date of publication in gazette.

This is my award accordingly.

MANOJ SHANKAR, Presiding Officer,

नई दिल्ली, 12 िून, 2024

का.आ. 1144.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

bykgkckn बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa dsUnzh;

ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; हैदराबाद ds iapkV (31/2007) izdkf”kr djrh gSA

[la- ,y - 12011/164/2006- vkbZ vkj (ch-II)]

सलोनी , उृ जनिेिक

New Delhi, the 12th June, 2024

S.O. 1144.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.31/2007) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Hyderabad as shown in the Annexure, in the industrial dispute between the management of Allhabad Bank and

their workmen.

[No. L-12011/164/2006- IR(B-II)]

SALONI, Dy. Director

2516

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[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 9th day of May, 2024

INDUSTRIAL DISPUTE No. 31/2007

Between:

The President,

Allahabad Bank Employees’ Union,

Shalimar Apartments, Yousufguda Road,

Hyderabad – 500 038.

….. Petitioner

AND

The Dy. General Manager,

Allahabad Bank,

Zonal Office, No.3-6-465, 1st and 2nd floor,

Main Road, Himayath Nagar,

Hyderabad – 500 029.

…. Respondent

Appearances:

For the Petitioner :

Sri Y. Ranjeeth Reddy, Advocate

For the Respondent:

Sri K. Laxminarayana, Advocate

A W A R D

The Government of India, Ministry of Labour by its order No. L- 12011/164/2006-IR(B.II) dated 7.6.2007

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

the management of Allahabad Bank and their workman. The reference is,

SCHEDULE

“Whether the action of the management of Allahabad Bank in awarding punishment of withdrawal of

special allowance to Sh. B. Ramesh, Special Assistant is proper and justified? If not, to what relief the

workman concerned is entitled?”

The reference is numbered in this Tribunal as I.D. No.31/2007 and notices were issued to the parties concerned.

2.

The averments made is the claim statement are as follows:

It is submitted that the employee, Sri Beedu Ramesh, the workman joined the Respondent Bank on 19.07.1976 as a

Clerk Typist. It is submitted that in July, 1980 he was transferred from Kakinada Branch to Secunderabad Branch

of the Respondent Bank. Later, workman became eligible for promotion and posted as a Special Assistant at

Vijayawada branch of the Respondent Bank from 11.01.1988. The Special Assistant post carried special allowance

with it which he was in receipt since 1988. While so, Sri Beedu Ramesh was transferred to Secunderabad branch of

the Respondent Bank on 23.07.1990. He is presently working at Maruthinagar Branch, Hyderabad of the

Respondent Bank. The Petitioner Union submits that on 03.07.1999 Sri Beedu Ramesh availed a loan of

Rs.16,000/- against pledge of 3 (three) National Savings Certificates issued by the Post Master, Secunderabad Head

Post Office, the particulars of which are as follows:

S.No.

Number of the Certificate

Date of Issue

Amount

1

16DD285218

23.03.1996

Rs. 5,000/

2

09EE355454

16.01.1997

Rs.10,000/

3

15DD853463

14.03.1997

Rs. 5,000/

Prior to this, on 02.07.1997, the employee had applied and availed a loan against the above-mentioned NSCs except

the NSC No. 15DD853463. While granting the loan the Respondent Bank ensured that the employee complied with

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2517

the rules and procedures laid down in this regard. It is submitted that the Respondent Bank granted a loan of

Rs 16000/- to Sri Beedu Ramesh on 03.07.1999 against the above-mentioned NSCs after fulfilling the formalities

connected therewith. A letter of undertaking / agreement for repayment of loan, promissory note, letter to the Post

Office assigning the NSCs in favour of the Respondent Bank, including discharge on the reverse of the NSC No.

15DD853463 offered as security. It should be noted that the first two NSCs were having the discharge certificate

while Sri Beedu Ramesh was granted loan earlier on 02.07.1997. It is further submitted that from the record of the

Respondent Bank it is evident that on 03.07.1999 itself i.e., the day of sanction of loan to Sri Beedu Ramesh, the

Bank addressed a letter to the Post Master, Secunderabad Head Post Office requesting him to record the Bank's lien

of the NSCs in their records and return the NSCs to them thereafter. This letter of the Respondent Bank constituted

documentary evidence at the departmental enquiry held against Sri Beedu Ramesh. Though this is within the

knowledge of the Disciplinary Authority and the Enquiry Officer, they have conveniently omitted to deal with it to

arrive at the truth. It is submitted that at the enquiry the Presenting Officer produced Sri B.N.Mohanty, the then

Chief Manager of Secunderabad Branch as his witness, MW1. His role before the enquiry was only for introducing

and identifying all the prosecution's documents. The documents that were placed before the enquiry were not the

originals. They were all Photostat copies. Even the Photostat copies were not certified under Banker's Book

Evidence Act. The testimony of witness, MW1, was not based on his personal knowledge but from the records. But

this witness in his official report / complaint addressed to Mahankali Police Station stated that the NSCs were not

assigned in favour of the Bank at the time of grant of loan. This statement is contrary to the contents of one of the

documents furnished to the Police along with the complaint. Further, it is submitted that Sri R.N.Mohanty, MW1

was examined as PW1 in the criminal case filed by the Respondent Bank against the employee Sri Beedu Ramesh in

CC no 1605/2004. What was deposed by PW1 (MW1) was to the effect that during internal inspection of the Bank

in the year 2000 the said NSCs pledged by the accused (Beedu Ramesh) were found missing. He further deposed

that "as the branch was shifted to new premises they thought that the said NSCs were misplaced during transit.” It is

submitted that the Respondent Bank instead of making a thorough probe into as to how the NSCs pledged and taken

to the Post Office for marking a lien on them on 03.07.1999 have not been brought back and kept with other

connected documents of the loan. However, the Respondent Bank has categorically stated in their letter dated

09.06.2000 to Sri Beedu Ramesh that the NSCs pledged to them were lost in transit while forwarding them to the

Post Office. It is further submitted that the Respondent Bank filed a complaint with Mahankali Police Station,

Secunderabad on 25.10.2002 about the loss of the NSC Certificates which were under their custody before shifting

the branch from l15, Park Lane, S D Road, Secunderabad in the year 1999. It is evident that the Bank went on

giving different versions about the alleged loss of the NSCs. It is further submitted that the employee, Sri Beedu

Ramesh obliged the Respondent Bank by providing them with Xerox copies of the original NSCs as per Ex.M14

dated 10.06.2000. This letter Ex.M14 gives the impression that the employee had asked the Bank to apply for

duplicates of the originals duly assigned in favour of the Bank. But the Respondent Bank made it appear that they

had written to the Post Office because the investor, Sri Beedu Ramesh wanted them to apply for duplicate NSCs as

the originals were lost. Further, it is submitted that the show-cause notice served on the employee, on 24.05.2003

did not carry the above details. The Disciplinary Authority has chosen to mention in the charge sheet dated

09.02.2004 that the NSCs against which loan was granted "was not traceable and not assigned to Bank". The charge

sheet goes to state further that two NSCs were encashed and discharged by the employee. It is submitted that at the

instance of the Respondent Bank, the Chief Manager of Secunderabad branch has gone to Mahan Kali Police Station

on 31.12.2003 to lodge a complaint. The opening sentence of the letter says, "This is to report a case of cheating and

misappropriation perpetrated in our Branch purported by our employees. We furnish necessary documents and

details of the case.” Based on such a report and the documents sent therewith, the Police Sub Inspector issued FIR

and conducted investigation. It is on record that the FIR was read over to the complainant who admitted it to be

correctly recorded. But the FIR copy was not made available. Sri Beedu Ramesh was the accused in the CC no

1605/2004 filed by the State under S406 and 420 IPC. The Respondent Bank cooperated with the state in

prosecuting Sri Beedu Ramesh in the criminal proceedings. It is submitted that the rules of natural justice as required

were not followed at the enquiry held against the employee. The Enquiry Officer permitted the Presenting Officer

to mark the letters as management exhibits without producing the authors thereof. The letter marked as Exhibit M-

15 was the one secured by the Bank from the Secunderabad Head Post Office. Likewise the letter marked as Exhibit

M-18 is the one obtained from Sri.N.Prabhakar Reddy, Daftary of the Respondent Bank about the encashment of

two NSCs. The Defence was denied the opportunity to cross-examine the Authors of Management Exhibits, M15 &

M18. But the EO despite objection by the Defence made use of the documents extensively as evidenced in his

report. While these are some of the shortcomings in the conduct of the enquiry, the Enquiry Officer has chosen to

give his conclusions / findings based on his understanding and surmises of the Exhibits M14, M15, M18 treating

them as evidence. Further, it is submitted that the Enquiry Officer has aligned himself with the allegations leveled

against Sri Beedu Ramesh in the charge sheet by making use of the contents of the above mentioned exhibits which

were not proved by the Authors. The Petitioner Union states that the following findings of the Enquiry officer is

sufficient to hold that the findings are perverse.

2518

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

“On the reverse side of the NSCs the dates 29.04.2002 and 28.01.2003 are written. The putting of the date on the

NSCs before enclosing them is a clear indication that they were with the CE unauthorisedly and were encashed by

him…”

This is further corroborated by the letter of Sri.Prabhakar Reddy: Daftary who advised that the CE handed over the

NSCs to him duly discharging them on 29.04.2002"

Enquiry report was not furnished to the workman Sri Beedu Ramesh, for his study and submissions. The

Disciplinary Authority chose to propose the punishment accepting with the findings of the EO by issuing second

show cause notice on 07.10.2005. This illegal action of the Disciplinary Authority was agitated successfully before

the High Court of Andhra Pradesh in WP no.22446/2005. The Charge sheet alleges, "Moreover, you have neither

paid a single monthly installment as per terms of sanction which was accepted by you..." It is submitted that

contrary views were taken by the Enquiry Officer in his findings and the Disciplinary Authority in his Second Show

Cause Notice, on the question of responsibility for repayment. While the Enquiry Officer states ".. It is said that the

CE has given a mandate for recovery of loan from his salary but no such mandate was brought on records." The

Enquiry Officer further observed it is not the responsibility of the branch to recover, it is the responsibility of the CE

to repay the loan." The Disciplinary Authority held that the employee had given a mandate for recovering the

installments from your monthly salary." It is evident that on the basis of such perverse appreciation the employee

was found guilty and punished. It is submitted that the submissions made by Sri Beedu Ramesh against the Enquiry

Officer's findings appears to have had no impact on the closed mind of the Disciplinary Authority who maintained

that "the enquiry was conducted in accordance with principles of natural justice and the Enquiry Officer has rightly

appreciated the evidence introduced in the enquiry. I concur with the findings of the Enquiry Officer and accept the

same in Toto." Thereafter on 07.01.2006 the Disciplinary Authority imposed the punishment on Sri Beedu Ramesh,

after the personal hearing held on 06.01.2006. It is further submitted that the appeal preferred to the Appellate

Authority on 21.02.2006 by Sri Beedu Ramesh was disposed off after the expiry of the mandatory period prescribed

in the Settlement. Hence, prayed to set aside the punishment imposed as illegal and unjustified directing the

Respondent Bank to restore the Special Allowance withdrawn effective from 07.01.2006 and render justice.

3.

Respondent filed counter denying the averments of the Petitioner as under:

It is submitted that the Workman, while filing the claim statement, did not file any records or documents in support

of his claim, as required under Order VII Rule 14 of CPC and therefore, the claim should be dismissed on this

ground alone. The Workman has not come to this Forum with clean hands. He has not divulged all the facts of the

matter. This Petition therefore is malafide, baseless and devoid of merits. It is submitted that Workman indulged in

criminal misconduct by misusing his employment in the Bank and caused financial losses to the Bank. Apart from

filing and FIR, a charge sheet was issued to the Workman for violating conduct rules of the Bank. An enquiry was

ordered departmentally and in the inquiry the Workman was held guilty of the misconduct. The enquiry was

conducted in accordance with the principles of natural justice and the Workman participated in the inquiry along

with his defense representative. After agreeing with the findings of the inquiry officer, the competent authority

imposed the penalty by taking a lenient view of the misconduct. Therefore, the Workman's contention that the

punishment was unfair and unjust calls for rejection. Therefore, prayed to dismiss the claim of the Workman.

4.

On the basis of rival contentions and pleadings of both the parties, following issues emerge for

determination in this case:-

I

Whether the action of the Respondent Management of M/s. Andhra Bank vide order dated 7.1.2006

of awarding the punishment of withdrawal of special allowance to workman Sri Beedu Ramesh,

Special Assistant is proper and justified?

II.

To what relief the Workman is entitled?

5.

In the present matter Departmental enquiry conducted by Respondent against the workman has

been held not valid vide order dated 31.1.2014 of the Tribunal. Therefore, in view of the law laid down by

the Hon’ble Apex Court, Respondent was accorded the opportunity to adduce evidence in support of the

charge levelled against the workman and workman was provided opportunity to produce evidence in

rebuttal.

6.

Respondent Management has examined MW1 and MW2 and has also exhibited the Photostat copies

of documents Ex.M1 to Ex.M21. Document Ex.M1 is the charge sheet, Ex.M2 is the corrigendum dated

4.3.2004 to the charge sheet Ex.M3 is the letter dated 6.11.2004 addressed to the Enquiry Officer by the

Disciplinary Authority for adjournment of enquiry, Ex.M4 is the letter dated 7.6.2005 to the Petitioner

informing him about enquiry proceeding, Ex.M5 is the list of documents and witnesses submitted to the

Enquiry Officer, Ex.M6 is the certificate relating to tenure of Petitioner at Secunderabad branch,Ex.M7 is

the loan application dated 3.7.1999 submitted by Petitioner, Ex.M8 is the letter regarding sanction of loan to

Petitioner dated 3.7.1999, Ex.M9 is the letter dated 3.7.1999 of WW1 regarding his acknowledgement to the

sanction letter duly agreeing all terms and conditions, Ex.M10 is the a) letter from WW1 waiving

presentment of pronote, b) Demand promissory note executed by WW1 in respect of the loan of Rs.16000/-

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2519

sanctioned to him, c) receipt executed by WW1 confirming the receipt of loan amount of Rs.16000/-,

Ex.M11 is the loan agreement dt.3.7.1999, Ex.M12 is the office copy of the letter dated 3.7.1999 addressed by

the branch to HPO: Secunderabad, Ex.M13 is the letter dated 9.6.2000 to WW1 informing loss of NSCs,

Ex.M14 is the letter dated 10.6.2000 of WW1 to the bank in response to the bank’s letter, requesting the

bank to arrange for duplicate NSCs, Ex.M15 is the letter dated 4.3.2003 of Post Office to the Bank informing

about the NSCs etc., Ex.M16 is the statement of loan account of WW1 showing “no payments” during

3.7.1999 to 31.1.2004, Ex.M17 is the letter dated 23.5.2003 of WW1 to the Bank informing that Maturity

amounts of his three NSCs were not credited to his account, Ex.M18 is the letter of Mr. N. Prabhakar Reddy

to the Bank informing about three NSCs, Ex.M19 is the NSC No.285218, Ex.M20 is the Photostat copy of

NSC No.355454, Ex.M21 is the written brief dated 30.6.2005 submitted by MW1 to the Enquiry Officer.

Findings:-

7.

Point No.I: Respondent counsel contended that the workman Sri Beedu Ramesh was charge sheeted

for committing misconduct of encashing NSCs pledged by him to the bank in the matter of loan taken by him.

Therefore, an enquiry was conducted against him following the principles of natural justice and workman

was found guilty of committing gross misconduct of doing act prejudicial to the interest of Bank involving

and likely to involve bank in serious loss under Clause 5(j) of M.O.S. dated 10.4.2002. It would be pertinent

to mention here and that the Departmental Enquiry conducted against workman has been held not valid

vide order dated 31.1.2014.

The contents of the charges levelled against the workman vide Ex.M1 has been enumerated in Ex.M1, which are

extracted as below:-

That while you were posted and functioning as Special Assistant at our Secunderabad branch from 23.07.1990 to

31.07.1999. You availed a loan of Rs.16,000/- against security of your National Savings Certificates aggregating

to Rs.20,000/- on 03.07.1999 from our Secunderabad branch through your application dated 03.07.1999. The

details of NSCs lodged by as security are as under:

S.No.

Certificate

Registration No.

Amount

Date of Issue

1.

2.

3.

16DD 285218

09EE 355454

15DD 853463

35287

41027

43295

5000.00

10000.00

5000.00

23.03.1996

16.01.1997

14.03.1907

During the year 1999 you were transferred to M:utinagar Branch as Special Assistant w.e.f. 02.08.1999.

It was very much in your knowledge during the year June, 2000 itself that the above NSCs against which

you raised a loan of Rs.l6.000 - were not traceable and not assigned to Bank.

Subsequently, it was advised by the Head Post Office, Secunderabad that out of above three NSCs, the

under mentioned two NSCs were encashed discharged by the investor i.e. yourself.

S.No.

Certificate

Registration No.

Amount

Date of Issue

Date of

encashment

1.

2.

16DD 285218

09EE 355454

35287

41027

5000.00

10000.00

23.03.1996

16.01.1997

30.04.2002

28.01.2003

Thus, you unauthorisedly discharged/ encashed the above two NSCs knowing fully well that you have

availed loan of Rs. 16,000/- against the said original NSCs. thereby jeopardizing the Banks interest in this regard.

Moreover, you have neither paid single monthly installment as per terms of sanction which were accepted by you

nor did you repay the loan a amount even after discharging/encashing of NSCs upon their maturity. The balance in

your NSC loan account is Rs.23,863.00 as on date.

You are, therefore, charged for committing Gross Misconduct of "doing acts prejudicial to the interest of

the Bank involving or likely to involve the Bank in serious loss" under clause 5(j) of MOS dated 10.4.2002.”

To prove the charge levelled against the workman, Respondent has examined in evidence MW1, and this

witness states in his chief affidavit that the workman was charged for the misconduct of encashing two NSCs,

out of three offered by him as security to the bank for availing loan i.e., NSC No.16DD285218 for Rs.5000/-

and NSC No.09EE355454 for Rs.10000/-. Further, MW1 stated that workman did not pay even single

installment towards repayment of the loan as undertaken by him. MW1 has also proved the documents

2520

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

produced in evidence against the workman pertaining to charge levelled against him. MW1 in his sworn

testimony has exhibited documents, which are as follows:-Ex.M1 charge sheet, Ex.M2 corrigendum dated

4.3.2004 to the charge sheet Ex.M3 letter dated 6.11.2004 addressed to the Enquiry Officer by the

Disciplinary Authority for adjournment of enquiry, Ex.M4 letter dated 7.6.2005 addressed to the Petitioner

informing him about enquiry proceeding, Ex.M5 is the list of documents and witnesses submitted to the

Enquiry Officer, Ex.M6 is the certificate relating to tenure of Petitioner at Secunderabad branch,Ex.M7 is

the loan application dated 3.7.1999 submitted by Petitioner, Ex.M8 is the letter regarding sanction of loan to

Petitioner dated 3.7.1999, Ex.M9 is the letter dated 3.7.1999 of WW1 regarding his acknowledgement to the

sanction letter duly agreeing all terms and conditions. Document Ex.M10 contains (a) letter from WW1

waiving presentment of pronote, (b) Demand promissory note executed by WW1 in respect of the loan of

Rs.16000/- sanctioned to him, (c) receipt executed by WW1 confirming the receipt of loan amount of

Rs.16000/-. Further, Ex.M11 is the loan agreement dt.3.7.1999, Ex.M12 is the office copy of the letter dated

3.7.1999 addressed by the branch to HPO: Secunderabad, Ex.M13 is the letter dated 9.6.2000 addressed to

WW1 informing him about loss of NSCs, Ex.M14 is the letter dated 10.6.2000 of workman to the bank in

response to the bank’s letter, requesting the bank to arrange for duplicate NSCs, Ex.M15 is the letter dated

4.3.2003 of Post Office to the Bank informing about the NSCs encashment etc., Ex.M16 is the statement of

loan account of workman showing “no payments” during 3.7.1999 to 31.1.2004. Ex.M17 is the letter dated

23.5.2003 of workman addressed to the Bank informing that Maturity amounts of his three NSCs were not

credited to his account, Ex.M18 is the letter of Mr. N. Prabhakar Reddy to the Bank informing about three

NSCs, Ex.M19 is the NSC No.285218, Ex.M20 is the Photostat copy of NSC No.355454, Ex.M21 is the

written brief dated 30.6.2005 submitted by MW1 to the Enquiry Officer.

8.

Witness MW1 was cross examined by the Petitioner counsel wherein he states that, “an application

requesting to avail a loan against NSCs, preferably in the name of the applicant is submitted to the bank after

scrutiny of the application and the eligibility of the applicant, the NSCs are required to be sent to the post office for

creating bank’s charge on the said NSCs. However, in case of its own trusted employees the condition of creating

charge on the NSCs is not insisted upon. Looking to the urgency of the applicant, employee loan is given without

creating the charge on the NSCs. In case, the charge is already created on the NSCs signature of the owner is not

necessary in the reverse side of the NSCs.” Further, witness states that, “Loan was sanctioned on 3rd July, 1999

against the application on the same date.” Witness further states that, “The Manager of the Branch is the custodian

of the NSCs in case of availing loan.”

Further, MW1 stated that as per documents produced in the enquiry Sri Prabhakar Reddy, Daftry got encashed

NSCs along with authorization letter of Mr. Beedu Ramesh and handed over the entire money to Mr. Beedu

Ramesh. The denomination of the NSCs are RS.5,000/-, 1,000/- and 500/- as per Ex.M18. Further, witness states

that, he has not collected the authorization letter of Mr. Beedu Ramesh which has been handed over to Daftry Sri

Prabhakar Reddy. Further, MW1 states that from the available documents he is unable to say whether Mr.

Prabhakar Reddy was on duty on the date of encashment of NSCs or not. The bank has taken effort to obtain the

duplicates of NSCs. MW1 states that NSC in respect of Rs.5000/-, Rs.1000/- and Rs.500/- are encashed on

30.4.2002 as per Ex.M18. Further, MW1 admitted that there is no acknowledgement in the bank record to say

whether NSCs were handed over to the employee.

9.

Thus, from the aforesaid statement of MW1 it is established that on the application of the workman, bank

has sanctioned the loan of Rs.16000/- to him and workman has pledged the NSCs No.295218, 355454 and 853413

to bank in the guarantee of loan taken by him.

10.

Further, Witness MW2 Sri N. Prabhakar Reddy has field his affidavit of chief statement wherein he has

stated that he joined the bank in 1985 as a peon at Secunderabad branch and worked there upto 1999. Mr. Beedu

Ramesh was also working at the said branch during his tenure and Mr. Ramesh was General Secretary of Allahabad

Bank Employees Union and was known to him and he was also member of the Employees Union and there were

frequent interactions between them besides having worked as colleagues at Secunderabad branch. Further, MW2

states, “Mr. Beedu Ramesh gave me 3 NSCs with the denominations of Rs.5000/-, 1000/- and 500/- along with an

authorization letter addressed to the Post Office authorizing me to collect the proceeds of the said NSCs.

Mr. Beedu Ramesh certified my signature on the said authorization letter and handed over to me the NSCs on

29.4.2002. I collected the amounts from the Post Office, Secunderabad on 30.4.2002 and paid the amount to Mr.

Beedu Ramesh. Later on I came to know that Mr. Beedu Ramesh had already taken a loan from the bank against

NSC for Rs.5000/- and therefore, in that context, I gave a letter to the bank.” The statement of MW2 goes to show

that Mr. Beedu Ramesh gave him three NSCs of denomination, Rs.5000/-, 1000/- and 500/- along with authorization

letter, authorizing him to collect the proceeds of said NSCs. MW2 has stated that, Mr. Beedu Ramesh has certified

his signature on the said authorization letter and handed over to him on 29.4.2002. Further MW2 testifies that he

collected the amount from the Post office on 30.4.2002 and gave the amount of encashed NSCs to Mr. Beedu

Ramesh. Thus, from the evidence of MW2, Ex.M18, M19/1 and M19/2 have been proved. The perusal of the

document Ex.M18 would reveal that MW2 had written a letter to Chief Manager, Allahabad Bank, Regional Office,

Hyderabad and contents of this letter are being reproduced below:-

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2521

1. On 29/04/2002 Sri B.Ramesh gave me three H.S.Cs Rs.5000/-(the said NSC), Rs.1000/- & Rs.500- duly

discharged by the holder Sri B.Ramesh along with the authorization letter addressed to the Postal

Department asking me to collect the proceeds on his behalf after due authorization.

2. I have submitted all the N.S.Cs in the Post Office on 30/04/2002 along with authorization letter in which

he has certified my signature.

3. After collecting the proceeds from Post Office, I have handed over the entire money to Sri B.Ramesh.”

Perusal of Ex.M18 and M19 would reveal that the NSCs pledged by the workman to the Bank have been encashed

by the workman through MW2 on 30.4.2002 by giving the authorization letter to MW2. Thus, from the statement

of this witness the documents Ex.M18 and M19 has been proved. It is utter surprising that workman did not cross

examine MW2 regarding contents of Ex.M18. Therefore, the statement of the MW2 regarding contents of Ex.M18

that on 29.4.2002 workman Mr. Beedu Ramesh gave him 3 NSCs along with the authorization letter addressed to

the Postal Department asking him to collect the proceeds on his behalf after due authorization and all the NSCs were

submitted by him in the Post office on 30.4.2002 along with authorization in which Mr. Beedu Ramesh, workman

has certified/attested his signature, remained unrebutted. Further, MW2 was also not cross examined regarding

contents of Ex.M18 that MW2 after collecting the proceeds from the Post office, he handed over the entire

amount to Mr. Beedu Ramesh. Thus, the statement of MW2 in this context remained intact. Further, Ex.M15 goes

to show that a letter dated 4.9.2003 was written by Post Master, D/o Posts, India to the Senior Manager, Allahabad

Bank, Minerva Complex, in reference to the issuance of duplicate NSCs issued by the office in the name of Mr.

Beedu Ramesh. The Post Master in the said letter has mentioned that certificate Nos.1) 16DD285218 and 2)

09EE355454 has been discharged by the investor Mr. Beedu Ramesh 1) on 30.4.2002 and 2) on 28.1.2003. It is

also mentioned in that letter that certificates were not pledged to the bank as per record. Thus, document Ex.M15

also corroborate the charge against the workman that he has encashed the NSCs which have been pledged by him

to the bank against the loan taken by him. It is note worthy to mention here that in case of pledge of NSC in term

of loan, it becomes property of the bank until loan has been repaid by the customer. But in this case worker did not

repay the loan amount to the bank

11.

Respondent counsel has contended that since the workman was employee of the bank and that his loan

application was accepted by the bank on the same day and the amount was released and the workman has pledged

three NSCs, details of which mentioned in the charge sheet, in favour of the bank. But these NSCs were missing

from the bank and the workman taking advantage of the trust of the Respondent bank Management has taken away

from the bank without lawful authority and got them encashed. Further Respondent contended that since the NSCs

could have been encashed by the investor only whose name bears in the NSCs and without identification of the

investor, the Post Office could not have encashed the matured NSCs. The possibility of removing the alleged NSCs

from the bank’s custody by any other person is ruled out as nobody could have access to the record of the bank

except the workman. As far as the possibility of the stealing of the said NSCs from the bank by the MW2, Daftry

is also ruled out because he has examined himself on oath in this matter and stated that the workman had given the

NSCs with authorization letter to him on 29.4.2002 for encashment from the post office. If MW2 would have

removed these NSCs from the bank then why workman did not initiate any action against him at the union level by

expelling him from the membership. Further, workman never lodged any complaint to the bank to suspend Mr. N.

Prabhakar Reddy, Daftry for fraudulently encashing his pledged NSCs and to initiate disciplinary action against

Mr. Prabhakar Reddy. Further, Respondent contended that workman did not file any FIR against Mr. Prabhakar

Reddy for illegal encashment of his NSCs or requesting Police to investigate for the stolen NSCs. Rather the

workman did not give any letter to the bank stating that he never gave any authorization letter to the Daftry to get

NSCs encashed. As the Bank informed workman vide letter dated 9.6.2000 to him about missing of NSCs from

bank, but the workman kept silent about it. Rather he did not moved to the Post Office immediately to report

the matter to the Post Office about the theft/ loss of the pledged NSCs from the bank. The conduct of the workman

in this matter remaining silent even on getting the information about missing of his pledged NSCs from bank and

showing reluctant conduct for not taking any action against the defendant is quite unnatural conduct and it

delineates that the workman had the knowledge of whereabouts of said NSCs. Further, on the NSCs, there is a

clear note to the effect that the holder is advised to keep a note of Sl.No. and date of issue of this certificate and to

notify immediately the Post Office at which the certificate is registered in the event of loss of certificate. In the

present matter workman never made such attempt to intimate the concerned post office about the loss of said NSCs.

This unnatural conduct of the workman goes to show that he was having the knowledge of whereabouts of the

pledged NSCs and on its maturity he himself got encashed NSCs through the MW2, Daftry of the bank. Workman

never stated in his evidence that he did not give any authorization letter to Mr. N.Prabhakar Reddy, Daftry for

encashment of the NSCs. Even he did not dare to cross examine MW2 on document Ex.M18. Thus on the basis of

careful scrutiny of the oral as well as documentary evidence on record, it is clearly established that the workman

has taken away his pledged NSCs from the bank custody taking advantage of trust in him by bank since he was the

employee and got encashed from the Post Office through MW2 on 30.4.2002. Further, testimony of MW2 is found

reliable and trustworthy to this effect. The workman failed to shake the credibility of testimony of witness MW2.

Therefore, in view of fore gone discussion I find force in the contention of the Respondent that workman has taken

2522

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

away the pledged NSC from the custody of the bank unauthorizedly and got encashed on 30.4.2022 from post

office.

12.

On the other hand Petitioner has filed affidavit in chief as WW1 and he has reiterated the plea taken by

him in his claim statement. In cross examination WW1 states that, Ex.M18 is a fake letter as no date has been

mentioned nor the details of NSCs were mentioned and author of the letter was not produced for which caused

prejudice to him. Further, witness admits that Mr. N. Prabhakar Reddy who was the Daftry of the Bank was the

author of this letter, but he do not know whether Mr. N. Prabhakar Reddy issued the said letter WW1 state that he

and Mr. N. Prabhakar Reddy worked together at Sarojani Devi Road branch, Minerva Complex. Further, witness

admits that, he has borrowed a loan of Rs.16000/- from the bank pledging three NSCs amounting to Rs.5000/-,

Rs.5000/- and Rs.5000/-. Post Office is very close to the branch. Further he admits that two of the NSCs have

been encashed by somebody as he understood. WW1 states that, as per Ex.M19/1 NSC for Rs.5000/- maturing on

23.3.2002 was encashed on 30.4.2002 and an amount of Rs.10075/- was received by the person who encashed it.

Further WW1 states that , the signature of Mr. N. Prabhakar Reddy is appearing on the back side of the above NSC

for having received the amount. WW1 states that, NSC for Rs.10000/- maturing on 16.1.2003 was encashed on

28.1.2003 and the person who encashed it received an amount of Rs.20,150/-.

13.

Thus, from the above statement of WW1 it is established and proved that the NSCs were pledged by the

workman in security of loan taken by him from the bank and the same has been encashed on 30.4.2002 from the

Post Office. WW1 has admitted in his cross examination that, “I have not intimated the postal authorities about the

missing of the three NSCs as a caution given to the investors in the NSCs.” But the witness adds that, when the

NSCs had been pledged, it were the documents of the bank for which reason I had not intimated the postal

authorities. WW1 has admitted that on 3.7.1999 I had availed the loan and on the same day he had given the loan

application. He states that agreement on the same date it is not possible to sanction the loan. It is the option of the

Manager of the Bank. For staff members generally, the loan is sanctioned and released on the same date even

before the registration of the NSCs with the postal authorities. Perhaps for the reason that the bank interest in the

three NSCs was not got registered with the postal authorities, their fraudulent payment could have happened.

Further, WW1 adds that, he do not know whether the bank’s interest against the NSCs was got registered in the post

office.” Further, witness states, “It is not correct to say that NSC certificates were given to me for getting the

bank’s interest noted in the Post office. The witness adds, since he is not the subordinate staff of the branch, it was

not done by me. WW1 states that he do not remember if N. Prabhakar Reddy, has given a letter Ex.M18 to the

bank during the course of enquiry.” Further, witness WW1 states that, “I did not talk to N. Prabhakar Reddy, about

the letter Ex.M18. I did not talk to him, on this letter even after the letter was handed over to me during enquiry.”

Witness admits that, he did not file any criminal complaint against N. Prabhakar Reddy for having encashed those

NSCs which belong to the bank which had been pledged by me. He never told the bank for taking any action

against N. Prabhakar Reddy, since it is the duty of the bank to take action being the custodian of the document.”

Further, witness states, “I admit that the bank had a written letter to the postal authorities as well as to the police the

three NSCs pledged by me were missing in transit when they were sent to the post office.” Further, witness also

states, “It is true that I have cross examined Management witness through his defence counsel by putting 132

questions over 4 days. I can not say now, whether I have cross examined the Management witness as regards

Ex.M18.”

14.

Thus, from the above statement of the witness WW1, it reflects that the conduct of the workman of not

initiating any action against erring staff even after being intimated about the missing of NSCs by the bank was

quite unnatural. As a man of ordinary prudence natural conduct of the workman would be in such circumstances

that immediately he might have rushed to the Post Office to give notice to the Post Master about missing NSCs

and direct to stop any encashment of these NSCs by any other unauthorized persons. But his conduct reflects

that he did not make any such attempt to intimate about loss of NSCs to Post office. Such unnatural conduct of

workman would indicate only one irresistible conclusion that the workman had knowledge of the whereabouts of

these NSCs and on maturity he got the NSCs encashed through witness MW2, MR. N. Prabhakar Reddy who

happens to be posted with him as Daftry in the bank.

15.

Thus, the charge levelled against the workman for committing Gross Misconduct of “doing acts prejudicial

to the interest of the Bank involving or likely to involve the Bank in serious loss” under clause 5(j) of MOS dated

10.4.2002, stands proved against him on the basis of oral and documentary evidence produced by the Respondent

on record.

16.

Workman has taken the plea that Enquiry Officer has found him guilty of the charge on the basis of

inadmissible evidence. In this context it would be pertinent to mention here that in the enquiry proceeding the strict

relief of Evidence Act is not applicable. In order to prove misconduct of an employee in the enquiry only principle

of probability of preponderance is followed. Hon'ble Supreme Court of India in the case of State of Rajasthan Vs.

Heem Singh, Civil Appeal No.3340/2020, dated 29.10.2001 Hon’ble Apex Court have held:-

“To determine whether the finding in a disciplinary Enquiry is based on some evidence an initial or threshold level

of scrutiny is undertaken. That is to satisfy the conscience of the court that there is some evidence to support the

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2523

charge of misconduct and to guard against perversity. But this does not allow the court to re-appreciate evidentiary

findings in a disciplinary Enquiry or to substitute a view which appears to the judge to be more appropriate. To do

so would offend the first principle which has been outlined above. The ultimate guide is the exercise of robust

common sense without which the judges’ craft is in vain.”

Further, in case of State of Haryana Vs. Rattan Singh, 1977 SCC 491, the Hon’ble Apex Court have held:-

“4. It is well settled that in a domestic Enquiry the strict and sophisticated rules of evidence under the Indian

Evidence Act may not apply. All materials which are logically probative for a prudent mind are permissible. There

is no allergy to hearsay evidence provided it has reasonable nexus and credibility.” Further, it is held, “The simple

point is, was there some evidence or was there no evidence not in the sense of the technical rules governing regular

court proceedings but in a fair common-sense way as men of understanding and wordly wisdom will accept. Viewed

in this way, sufficiency of evidence in proof of the finding by a domestic tribunal is beyond scrutiny. Absence of any

evidence in support of a ending is certainty available for the court to look into because it amounts to an error of law

apparent on the record.”

17.

Perusal of the record goes to reveal that it is not the case of no evidence. There is ample evidence on

record in support of charge levelled against workman and Enquiry Officer has rightly found the workman guilty

on the basis of appreciation of evidence available on record. Thus, I don’t find any force in this plea taken by

workman.

18.

Further, Appellant has taken the plea that Disciplinary Authority did not pass any speaking order but

merely agreed with Enquiry Officer and imposed punishment of withdrawal of special Allowance to him on the

basis of preview finding of Enquiry Officer.. it is also submitted that Appellate Authority also disposed of the

appeal without considering the submissions made by him. As regard, question of interference by Tribunal in the

finding of the Enquiry Officer, in Hon'ble Supreme Court of India has laid down the principle in the case of State

of U.P. v. Sheo Shanker Lal Srivastava and Others [(2006) 3 SCC 276], it was opined that the Industrial Courts

or the High Courts would not normally interfere with the quantum of punishment imposed upon by the Respondent

stating : -

"It is now well-settled that principles of law that the High Court or the Tribunal in exercise of its power of judicial

review would not normally interfere with the quantum of punishment. Doctrine of proportionality can be invoked

only under certain situations. It is now well-settled that the High Court shall be very slow in interfering with the

quantum of punishment unless it is found to be shocking to one's conscience."

In the case of Maharashtra State Road Transport Corporation Vs. Dilip Uttam Jayabhay, the 2022 LLR page

126, wherein the Hon’ble Apex Court have held:

“once the enquiry finding is held to be fair and proper, industrial Tribunal or Labour Court lacks jurisdiction to

interfere with the quantum of punishment unless the same is shockingly disproportionate to the gravity of conduct.”

19.

As regard plea of the workman that the Respondent Management has inflicted the severe punishment of

withdrawing Special Allowance w.e.f. 7.1.2006, granted to him i.e., which is disproportionate to the charge

levelled against him. Perused the record. The charge of gross misconduct has been held proved against the

workman. Disciplinary Authority on careful scrutiny of enquiry report has concurred with the finding of Enquiry

Officer and taking a lenient view in the facts and circumstances of case, has imposed punishment of withdrawal of

Special Allowance to the workman. Thus, it can not be said that said punishment imposed upon him is

disproportionate in any manner. Further, workman had admitted that he did not pay any installment of the loan

repayment on due time. Thus, due to this conduct of the workman, bank also suffered the loss.

20.

Therefore, on the basis of foregone discussion and law laid down by Hon’ble Apex Court in the facts and

circumstances of the case, I am of the considered view that the punishment of withdrawal of special allowance to the

workman has been imposed for the misconduct committed by workman and Disciplinary Authority has taken

lenient view against the workman while imposing the said punishment. Thus, I find no force in the argument of the

workman. Therefore, the action of Respondent in imposing the punishment of withdrawal of Special Allowance

is held justified.

Thus, Point No.I is decided accordingly.

21.

Point No.II: In view of the finding given in Point No. I the Petitioner is not entitled to get any relief and

this petition is found to be baseless, hence, liable to be dismissed.

Therefore, Point No.II is decided accordingly.

AWARD

In view of the fore gone discussion and finding arrived at Points No.I & II, the action of the Respondent

Management of M/s. Andhra Bank in awarding punishment of withdrawal of special allowance to workman

2524

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Sri Beedu Ramesh, Special Assistant is held proper and justified. The workman is not entitled to any relief as

prayed for. Therefore, the claim of the workman is dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 9th day of May, 2024.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri Beedu Ramesh

MW1: Sri Manohar Jamandas Gaba

MW2: Sri N. Prabhakar Reddy

Documents marked for the Petitioner

Ex.W1:

Photostat copy of charge sheet dt. 9.2.2004

Ex.W2:

Photostat copy of letter from Enquiry Officer dt.27.10.2004

Ex.W3:

Photostat copy of representation to the Disciplinary Authority dt.6.11.2004

Ex.W4:

Photostat copy of lr. to D.A. to E.O dt.6.11.2004

Ex.W5:

Photostat copy of proceedings of domestic enquiry dt.29.6.2005

Ex.W6:

Photostat copy of enquiry report dt.19.7.2005

Ex.W8:

Photostat copy of order in WP No.22446/2005

Ex.W9:

Photostat copy of submissions to Disciplinary Authority dt. 25.11.2005

Ex.W10 :

Photostat copy of fresh show cause notice dt.22.12.2005

Ex.W11:

Photostat copy of personal hearing dt.6.1.2006

Ex.W12:

Photostat copy of final order dt. 7.1.2006

Ex.W13:

Photostat copy of appeal dated 22.2.2006

Ex.W14:

Photostat copy of lr. reg. non disposal of appeal dt.26.4.2006

Ex.W15:

Photostat copy of lr. reg. disposal of appeal

Ex.W16:

Photostat copy of representation to ALC(C) by Petitioner dt.4.5.2006

Ex.W17:

Photostat copy of counter to the representation dt.20.7.2006

Ex.W18:

Photostat copy of rejoinder dt. 22.8.2006

Ex.W19:

Photostat copy of comments filed by bank dt. 5.10.2006

Ex.W20:

Photostat copy of minutes of conciliation dt.20.11.2006

Ex.W21:

Photostat copy of failure report dt.30.11.2006

Ex.W22:

Photostat copy of reference by Government of India dt.7.6.2007

Ex.W23:

Photostat copy of notice from CGIT cum Labour Court dt.9.7.2007

Ex.W24:

Photostat copy of NSCs No.16DD285218

Ex.W25:

Photostat copy of NSCs No.09EE355454

Ex.W26:

Photostat copy of application for loan dt.3.7.1999

Ex.W27:

Photostat copy of banks letter to Post office dt.3.7.1999

Ex.W28:

Photostat copy of Petitioner letter dt.10.6.2000

Ex.W29:

Photostat copy of Petitioner letter dt.23.5.2003

Ex.W30:

Photostat copy of reply to show cause notice dt.3.6.2003

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2525

Ex.W31:

Photostat copy of Police complaint dt. 25.10.2002

Ex.W32:

Photostat copy of lr. from Police dt.18.2.2003

Ex.W33:

Photostat copy of Sastry Award

Ex.W34:

Photostat copy of Memorandum of Settlement dt.10.4.2002

Ex.W35:

Photostat copy of copies statements

Ex.W36:

Photostat copy of loan ledger A/c upto Sept’99

Ex.W37:

Photostat copy of defence Exhibits-12 dt.29.6.2005

Ex.W38:

Photostat copy of judgement copy 14.9.2007

Documents marked for the Respondent

Ex.M1:

Photostat copy of charge sheet dt. 9.2.2004

Ex.M2:

Photostat copy of corrigendum dt. 4.3.2004 to the charge sheet

Ex.M3:

Photostat copy of lr. dt. 6.11.2004 addressed to the Enquiry Officer by the Disciplinary Authority

for adjournment of enquiry

Ex.M4:

Photostat copy of lr.dt. 7.6.2005 to the Petitioner informing him about enquiry proceeding

Ex.M5:

Photostat copy of list of documents and witnesses submitted to the Enquiry Officer

Ex.M6:

Photostat copy of certificate relating to tenure of Petitioner at Secunderabad branch

Ex.M7 :

Photostat copy of loan application dt.3.7.1999 submitted by Petitioner

Ex.M8:

Photostat copy of lr. reg. sanction of loan to Petitioner dt. 3.7.1999

Ex.M9:

Photostat copy of lr. dt. 3.7.1999 of WW1 reg. his acknowledgement to the sanction letter duly

agreeing all terms and conditions

Ex.M10:

Photostat copy of a) lr. from WW1 waiving presentment of pronote

b) Demand promissory note executed by WW1 in r/o the loan of Rs.16000/-

sanctioned to him

c) receipt executed by WW1 confirming the receipt of loan amount of

Rs.16000/-

Ex.M11:

Photostat copy of loan agreement dt.3.7.1999

Ex.M12:

Office copy of the lr. Dt.3.7.1999 addressed by the branch to HPO: Secunderabad

Ex.M13:

Photostat copy of lr. dt. 9.6.2000 to WW1 informing loss of NSCs

Ex.M14:

Photostat copy of lr. dt. 10.6.2000 of WW1 to the bank in response to the bank’s letter, requesting

the bank to arrange for duplicate NSCs

Ex.M15:

Photostat copy of lr. dated 4.3.2003 of Post Office to the Bank informing about the NSCs etc..

Ex.M16:

Photostat copy of statement of loan account of WW1 showing “no payments” during 3.7.1999 to

31.1.2004

Ex.M17

Photostat copy of lr dt. 23.5.2003 of WW1 to the Bank informing that Maturity amounts of his 3

NSCs were not credited to his account

Ex.M18:

Photostat copy of lr. of Mr. N. Prabhakar Reddy to the Bank informing about 3 NSCs

Ex.M19:

Photostat copy of NSC No.285218

Ex.M20:

Photostat copy of NSC No.355454

Ex.M21:

Photostat copy of written brief dt. 30.6.2005 submitted by MW1 to the Enquiry Officer

Presiding Officer

नई दिल्ली, 12 िून, 2024

का.आ. 1145.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky; हैदराबाद ds iapkV (16/2012) izdkf”kr djrh gSA

[l- ,y-39025/01/2024- vkbZ vkj (ch-II)-20]

सलोनी] उृ जनिेिक

2526

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

New Delhi, the 12th June, 2024

S.O. 1145.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.16/2012) of the Cent.Govt.Indus.Tribunal-cum-Labour Court

Hyderabad as shown in the Annexure, in the industrial dispute between the management of Indian Overseas Bank

and their workmen.

[No. L-39025/01/2024- IR(B-II)-20]

SALONI, Dy. Director

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 26th day of April, 2024

INDUSTRIAL DISPUTE LC No.16/2012

Between:

Sri R.Narsimhulu,

S/o R. Chandraiah,

R/o H.No.1-2-606/12,

Banda Maisamma Nagar,

Near Indira Park, Hyderabad.

..….Petitioner

AND

1.

The General Manager,

Indian Overseas Bank, Regional Office,

Surabhi Complex, Bank Street,

Hyderabad.

2.

The Branch Manager,

Indian Overseas Bank,

Uppal Branch, Uppal,

Hyderabad.

… Respondents

Appearances:

For the Petitioner:

Sri M.V.L.Narsaiah, Advocate

For the Respondent:

Sri E. Madan Mohan Rao, Advocate

A W A R D

Sri R. Narasimhulu, who worked as Messenger (who will be referred to as the workman) has filed this

petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents Indian Overseas Bank

against them oral termination order in the month of November, 2010 and seeking for reinstatement into service duly

granting all the consequential benefits such as continuity of service, back wages and all other attendant benefits etc.,

and such other reliefs as this court may deems fit.

2.

On the date fixed for Petitioner’s evidence, Petitioner called absent. Despite providing sufficient

opportunity for cross examination of WW1, Petitioner did not adduce any evidence to substantiate his claim. In

the absence of cross examination of WW1, the evidence of witness can not be read in support of claim. Since, the

claim is not substantiated by evidence, therefore, a ‘No claim’ award is passed for want of evidence.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected and signed by me on this the

26th day of April, 2024.

IRFAN QAMAR, Presiding Officer

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2527

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, 12 िून, 2024

का.आ. 1146.—औद्योजगक जववाि अजिजनयम (1947 का 14) की िारा 17 के अनुसरण में, केन्रीय सरकार मेससव

एयरृोटव अ ॉररटी ऑफ़ इंजडया; मेससव मोिनस इंटरप्राइिेि; मेससव जविाल इंटरप्राइिेि; मेससव आनंि इंटरप्राइिेि के

प्रबंितंत्र के संबद्ध जनयोिकों और श्री मनोि कुमार राय के बीच अनुबंि में जनर्िवष्ट केन्रीय सरकार औद्योजगक अजिकरण एवं

श्रम न्यायालय-1, नई दिल्ली, ृंचाट (ररफरेन्स न.-222/2017) को िजसा दक अनुलग्नक में दि ाया गया िज, प्रकाजित करती िज

िो केन्रीय सरकार को सॉफ्ट कॉृी के सा 12.06.2024 को प्राप्त हुआ ा l

[सं. िेड-16025/04/2024-आईआर(एम)-82]

दिलीृ कुमार, अृर सजचव

New Delhi, the 12th June, 2024

S.O. 1146.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Reference No. 222/2017) of the Central Government Industrial

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

employers in relation to M/s Airport Authority of India; M/s Mohans Enterprises; M/s Vishal Enterprises; M/s

Anand Enterprises and Shri Manoj Kumar Rai which was received along with soft copy of the award by the

Central Government on 12.06.2024.

[No. Z-16025/04/2024-IR(M)-82]

DILIP KUMAR, Under Secy.

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI - 1

ROOM NO.207, ROUSE AVENUE COURT COMPLEX,

NEW DELHI.

DID No.222/2017

Shri Manoj Kumar Rai S/o Sh. Babu Ram Rai,

Through Hindustan Engineering & General Mazdoor Trade Union (regd.),

D-2/24, Sultanpuri, Delhi

Claimant…

Versus

1.

The Director,

M/s Airport Authority of India,

Safdarjung Airport, Shree Arvindo Marg,

New Delhi-110003.

2.

Malikan, M/s Mohans Enterprises

242, Pocket-D, J&K Dilshad Garden,

New Delhi-110095.

3.

Malikan, M/s Vishal Enterprises

71, Kamla Nagar,

New Delhi-110007.

2528

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

4.

Malikan, M/s Anand Enterprises

15/32, East of Punjabi Bagh,

New Delhi-110026.

Management…

AWARD

1.

This is an application Under Section 2A of the I.D. Act whereby, the applicant made prayer that his

termination from the service on 01.03.2017 by the management which be declare illegal and unjustified and he be

reinstated with full back wages, it is the case of the applicant/workman that he has been working with the

management. He has not been provided any legal facilities. When the workman went to join his job he was illegally

terminated form his service on 01.03.2017 without any rhyme or reason and without conducted any domestic

enquiry by the management. He has initiated the conciliation proceeding but, no result. Hence, he had filed the

present claim petition.

2.

Management No.2&3 is not appearing since long therefore they are proceeded ex-parte. However, the

management no.1&4 has appeared and filed the written statement. Thereafter, rejoinder filed by the claimant and

issues were framed. Case was listed for claimant evidence on 18.05.2018. After that, claimant evidence also not

filed. Despite providing a number of opportunities, claimant have not appeared to substantiate his claim.

3.

Hence, in these circumstances this tribunal has no option except to pass the no dispute award. No dispute

award is passed accordingly. File is consigned to the record room. A copy of this award is hereby send to the

appropriate government for notification under section 17 of the I.D. Act, 1947.

Justice VIKAS KUNVAR SRIVASTAVA (Retd.), Presiding Officer

नई दिल्ली, 12 िून, 2024

का.आ. 1147.—औद्योजगक जववाि अजिजनयम (1947 का 14) की िारा 17 के अनुसरण में, केन्रीय सरकार दिल्ली

इंटरनेिनल एयरृोटव प्राइवेट जलजमटेड (डायल); ज क िेक फजक्री (टीटीएसएफ) के प्रबंितंत्र के संबद्ध जनयोिकों और श्री ृंकि

के बीच अनुबंि में जनर्िवष्ट केन्रीय सरकार औद्योजगक अजिकरण एवं श्रम न्यायालय-2, नई दिल्ली, ृंचाट (ररफरेन्स

न.-21/2020) को िजसा दक अनुलग्नक में दि ाया गया िज, प्रकाजित करती िज िो केन्रीय सरकार को सॉफ्ट कॉृी के सा

12.06.2024 को प्राप्त हुआ ा l

[सं. िेड-16025/04/2024-आईआर(एम)-81]

दिलीृ कुमार, अवर सजचव

New Delhi, the 12th June, 2024

S.O. 1147.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Reference No. 21/2020) of the Central Government Industrial Tribunal

cum Labour Court-2, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in relation

to Delhi International Airport Private Limited (DIAL); Thick Shake Factory (TTSF) and Shri Pankaj which was

received along with soft copy of the award by the Central Government on 12.06.2024.

[No. Z-16025/04/2024-IR(M)-81]

DILIP KUMAR, Under Secy.

ANNEXURE

BEFORE SH. ATUL KUMAR GARG, PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL-CUM-

LABOUR COURT NO-II, NEW DELHI

I.D. No. 21/2020

Sh. Pankaj, Sh. Satish Kumar,

R/o KG-1, 1535, Vikas Puri, Delhi-110018.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2529

VERSUS

1. Delhi International Airport Pvt. Ltd. (DIAL),

IGI Airport, New Delhi-110037.

2. The Thick Shake Factory (TTSF),

Delhi International Airport, New Udaan Bhawan,

Opp. Terminal-III, IGI Airport, New Delhi-110037.

AWARD

This is an application of U/S 2A of the Industrial Disputes Act (here in after referred as an Act). Claimant

had stated in their claim statement that he had been working with the respondent-2 since 25.03.2019 at the post of

Senior Operation Manager at a monthly salary of Rs. 59,000/- Per month. He was posted at Delhi Airport Terminal

1 by the mangagement-2 and continued working there. He had been doing his work with diligently and never given

any chance of complaint to the managements. In July 2019, the management-2 started pressuring him to resign from

job. Management had stopped his salary of August 2019 when he asked he was informed that there were some

minor financial issues which would be sorted out and he would be paid his salary. However, he was not paid the

salary even in the next month. Even his expenses towards Travelling allowance from April 2019 to October 2019

amounting to Rs. 30,000/- were not paid to him. Vide letter dated 20.10.2019 he was terminated without any reason

and without paying his salary for three months from August to October 2019. He has orally requested to them to

take him on duty with his back wages and other dues. However, request was turned down. He has gone to the

conciliation officer, but, no result was yielded. Hence he has filed the claim.

Both management-1 & 2 had appeared and filed the WS denying the averment made in the claim. They

submit that claim of the claimant is not maintainable and is liable to be dismissed.

On 29.03.2022, issues have been framed that is given below :-

1.

Whether the proceeding is maintainable.

2.

Whether the claimant is a workman in terms of the provision of section 2 (s) of the I.D Act.

3.

Whether the service of the claimant was illegally terminated by the management-2.

4.

To what relief of the claimant is entitled to.

Claimant is asked to prove his case. However, despite providing a number of opportunities, claimant has

not turned up to prove his claim. As the claimant has not turned up for proving his case, his claim stands dismissed.

Award is passed accordingly. A copy of this award is sent to the appropriate government for notification as required

under section 17 of the ID act 1947. File is consigned to record room.

ATUL KUMAR GARG. Presiding Officer

Date: 30.04.2024

दिल्ली, 12 िून, 2024

का.आ. 1148.—औद्योजगक जववाि अजिजनयम (1947 का 14) की िारा 17 के अनुसरण में, केन्रीय सरकार

सेलेबी एयरृोटव सर्ववसेस इंजडया प्राइवेट जलजमटेड के प्रबंितंत्र के संबद्ध जनयोिकों और सेलेबी एम्प्लाइि यूजनयन के बीच

अनुबंि में जनर्िवष्ट केन्रीय सरकार औद्योजगक अजिकरण एवं श्रम न्यायालय-1, नई दिल्ली, ृंचाट (ररफरेन्स

न.-62/2023) को िजसा दक अनुलग्नक में दि ाया गया िज, प्रकाजित करती िज िो केन्रीय सरकार को सॉफ्ट कॉृी के सा

12.06.2024 को प्राप्त हुआ ा l

[सं. एल-11011/04/2023-आईआर(एम)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 12th June, 2024

S.O. 1148.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Reference No. 62/2023) of the Central Government Industrial

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

employers in relation to CELEBI Airport Services India Private Limited and CELEBI Employees Union which

was received along with soft copy of the award by the Central Government on 12.06.2024.

[No. L-11011/04/2023-IR(M)]

DILIP KUMAR, Under Secy.

2530

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT DELHI - 1,

NEW DELHI.

ID No. 62/2023

The General Secretary,

CELEBI Employees Union (Regd.)

BTR Bhawan, 13-A, Rouse Avenue,

New Delhi-110002

Claimant…

Versus

CELEBI Airport Services India Private Limited,

(Formerly CELEBI Ground Handling Private Limited)

IGI Airport, New Delhi-110037

Management

AWARD

1.

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

11011/04/2023-IR(M) dated 22.02.2023 under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of

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

SCHEDULE

“1. Whether the action of the management of CELEBI Airport Services India Private Limited, New Delhi in

not inviting and holding discussion with the Celebi Employees Union, New Delhi on the charter of demands

dated 02.04.2018 (Annexed) and instead signing the settlement dated 01.04.2018 with a committee of

workmen is proper, legal and justified? If not, to what reliefs are the disputant Union entitled and what

directions, if any, are necessary in this regard?

2. If the above issue at S.No. 1 is answered in favour of disputant union. Then whether the demands as raised in

charter of demand dated 02.04.2018 (Annexed-A) are proper, legal and justified? If yes, to what relief are disputant

union entitled and what directions, if any, are necessary in this regard?”

3.

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

statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal within 15

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

involved in the dispute. Despite directions so given, Claimant union opted not to file the claim statement with the

Tribunal.

4.

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

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

services remained unserved in the period, referred above. Therefore, every presumption lies in favour of the fact

that the above notice was served upon the claimant. Despite service of the notice, claimant opted to abstain away

from the proceedings. No claim statement was filed on his behalf. Thus, it is clear that the workman is not

interested in adjudication of the reference on merits.

5.

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

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

award be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act, 1947, for

publication.

Justice VIKAS KUNVAR SRIVASTAVA (Retd.), Presiding Officer

Date: 14.05.2024

नई दिल्ली, 12 िून, 2024

का.आ. 1149.—औद्योजगक जववाि अजिजनयम (1947 का 14) की िारा 17 के अनुसरण में, केन्रीय सरकार

दिल्ली इंटरनेिनल एयरृोटव जलजमटेड; मेससव सेलेबी दिल्ली कागो मजनेिमेंट टर्मवनल प्राइवेट जलजमटेड; मेससव बी. आर.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2531

ृावर कण्रोल एंड ऑटोमेिन सर्ववसेि के प्रबंितंत्र के संबद्ध जनयोिकों और एयरृोटव एम्प्लाइि यूजनयन के बीच अनुबंि

में जनर्िवष्ट केन्रीय सरकार औद्योजगक अजिकरण एवं श्रम न्यायालय-1, नई दिल्ली, ृंचाट (ररफरेन्स न.-160/2017) को

िजसा दक अनुलग्नक में दि ाया गया िज, प्रकाजित करती िज िो केन्रीय सरकार को सॉफ्ट कॉृी के सा 12.06.2024 को

प्राप्त हुआ ा l

[सं. एल-11011/6/2017-आईआर(एम)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 12th June, 2024

S.O. 1149.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Reference No. 160/2017) of the Central Government Industrial

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

employers in relation to Delhi International Airport Limited; M/s CELEBI Delhi Cargo Management

Terminal Private Limited; M/s B.R. Power Control & Automation Services and Airport Employees Union

which was received along with soft copy of the award by the Central Government on 12.06.2024.

[No. L-11011/6/2017-IR(M)]

DILIP KUMAR, Under Secy.

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI - 1

ROOM NO.207, ROUSE AVENUE COURT COMPLEX,

NEW DELHI.

ID No.160/2017

Airport Employees Union,

BTR Bhawan, 13A Rouse Avenue,

New Delhi- 110002

Claimant…

Versus

M/s Delhi International Airport Ltd.,

New Udaan Bhawan, IGI Airport,

New Delhi-110037

M/s Celebi Delhi Cargo Management Terminal Pvt. Ltd.,

Room No. CE-05, 1st Floor, Impart Building-II,

International Cargo Terminal, IGI Airport

New Delhi-110037

M/s B.R. Power Control & Automation Services,

Plot No. 15, Krishna Nagar, Sector-25,

Faridabad-121004

Management…

AWARD

1.

In the present case, a reference was received from the appropriate Government vide letter

No-L-11011/6/2017 (IR(M)) dated 25.05.2017 under clause (d) of sub-section (1) and sub-section (2A) of Section

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

SCHEDULE

“Whether the action of the management BR Power Control & Automation Services/DIAL/CELEBI DELHI

CARGO TERMINAL in not implementing charter of demands under id act 1947 of the workmen is illegal

and/or unjustified, if so, what relief the workman is entitled to and what directions are necessary in this

respect?”

2.

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

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

2532

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

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

involved in the dispute. Claim statement filed, rebuttal written statement filed on behalf of the management no.

1,2&3.

3.

Thereafter, issues were framed. Case was listed for claimant evidence on 26.07.2019. After that, none

appeared on behalf of the claimant despite providing a number of opportunities neither filed claimant evidence or

appeared to substantiate his claim.

4.

Hence, in these circumstances this tribunal has no option except to pass the no dispute award. No dispute

award is passed accordingly. File is consigned to the record room. A copy of this award is hereby send to the

appropriate government for notification under section 17 of the I.D. Act, 1947.

Justice VIKAS KUNVAR SRIVASTAVA (Retd.), Presiding Officer

Date: 14.05.2024

नई दिल्ली, 12 िून, 2024

का.आ. 1150.—vkS|ksfxd fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

iatkc uS”kuy बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ढ़ ds iapkV (267/2013) izdkf”kr djrh gS

[l- ,y - 12012/06/2014- vkbZ vkj (ch-II)]

सलोनी, उृ जनिेिक

New Delhi, the 12th June, 2024

S.O. 1150.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.267/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.1

Chandigarh as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank

and their workmen.

[No. L-12012/06/2014- IR(B-II)]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-I, CHANDIGARH.

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

ID No.267/2013

Registered On: 20/03/2014

Sh. Amit, S/o Sh. Tara Chand, Village and Post Kharawar(Railway Road), District Rohtak (Haryana).

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

Versus

1. The Manager, Punjab National Bank, Circle Office, Rohtak.

2.The Manager, C.I.S. Bureau Facility Services Pvt. Ltd. Regional Office, 7 SatyaNiketan, First Floor, Moti Bagh-2,

New Delhi-110021.

AWARD

Passed On: 21.05.2024

Central Government vide Notification No. L-12012/06/2014 (IR(B-II)) dated 06.03.2014, under clause (d) of Sub-

Section (1) sub-section (2) 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 (i) The Manager, Punjab National Bank, Circle Office,

Rohtak (Haryana) and (ii) The Manager, C.I.S. Bureau Facility Services Pvt. Ltd., Regional Office,

7 Satya Niketan, First Floor, Moti Bagh-2, New Delhi 110021 in terminating the services of Shri Tara

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : िून 15, 2024/ज् येष् ठ 25, 1946

2533

Chand S/o Shri Lakhi Ram, Ex-Caretaker/ATM Security Guard w.e.f. 28.09.2012 is just and legal? What

relief the workman is entitled to and from what date?”

1.

During the pendency of the proceedings before this Tribunal the case was fixed for cross-examination of

management witness by workman but none is responding on behalf of workman. It is submitted by the Ld. Counsel

for the management that workman is not turning up since long i.e. from 22.02.2023 and prayed for dismissal of the

present claim petition.

2.

Perused the file and it is found that the submissions made by the Ld. Counsel for management is true.

Several opportunities have already been given to the workman for cross-examination of management witness by

workman but of no use. Which denotes that the workman is not interested in adjudication of the matter on merits 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 the non-prosecution of workman. File after completion be consigned in the record room.

3

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, 12 िून, 2024

का.आ. 1151.—vkS|ksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

iatkc uS”kuy बैंक ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V vkS|ksfxd fookn esa

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k@Je U;k;ky;

ढ़ ds iapkV (268/2013) izdkf”kr djrh gS

[la- ,y - 12012/04/2014- vkbZ vkj (ch-II]

सलोनी , उृ जनिेिक

New Delhi, the 12th June, 2024

S.O. 1151.—.In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref.268/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.1

Chandigarh as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank

and their workmen.

[No. L-12012/04/2014- IR(B.II)]

SALONI, Dy. Director

ANNEXURE

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

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

ID No.268/2013

Registered On: 28/04/2014

Sh. Tara Chand, S/o Sh. Lakhi Ram, R/o Village and P.O. Kharawar (Railway Road), District Rohtak (Haryana).

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

Versus

1.

The Manager, Punjab National Bank, Circle Office, Rohtak.

2.

The Manager, C.I.S. Bureau Facility Services Pvt. Ltd. Regional Office, 7 Satya Niketan, First Floor, Moti

Bagh-2, New Delhi-110021.

........Management

AWARD

Passed On: 21.05.2024

Central Government vide Notification No. L-12012/04/2014 (IR(B-II)) dated 06.03.2014, under clause (d)

of Sub-Section (1) sub-section (2) 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 (i) The Manager, Punjab National Bank, Circle Office,

Rohtak (Haryana) and (ii) The Manager, C.I.S. Bureau Facility Services Pvt. Ltd., Regional Office, 7

Satya Niketan, First Floor, Moti Bagh-2, New Delhi 110021 in terminating the services of Shri Tara

2534

THE GAZETTE OF INDIA : JUNE 15, 2024/JYAISHTHA 25, 1946

[PART II—SEC. 3(ii)]

Chand S/o Shri Lakhi Ram, Ex-Caretaker/ATM Security Guard w.e.f. 28.09.2012 is just and legal? What

relief the workman is entitled to and from what date?”

1.

During the pendency of the proceedings before this Tribunal the case was fixed for cross-examination of

management witness by workman but none is responding on behalf of workman. It is submitted by the Ld. Counsel

for the management that workman is not turning up since long i.e. from 22.02.2023 and prayed for dismissal of the

present claim petition.

2.

Perused the file and it is found that the submissions made by the Ld. Counsel for management is true.

Several opportunities have already been given to the workman for cross-examination of management witness by

workman but of no use. Which denotes that the workman is not interested in adjudication of the matter on merits 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 the non-prosecution of workman. File after completion be consigned in the record room.

3.

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

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.

GORAKHA

NATH

YADAVA

Digitally signed by

GORAKHA NATH

YADAVA

Date: 2024.07.01

11:26:36 +05'30'