7121 GI/2024
(4879)
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. 45]
नई दिल् ली, नवम् बर 10—नवम् बर 16, 2024, िजनवार/कार्तिक 19—कार्तिक 25, 1946
No. 45]
NEW DELHI, NOVEMBER 10—NOVEMBER 16, 2024, SATURDAY/KARTIKA 19–KARTIKA 25, 1946
इस भाग में जभन् न ृष् सं् ा िी िाती िज जिससे दक ि ृ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 मंत्राल ों (रक्षा मंत्राल को छोड़कर) द्वारा िारी दकए गए सांजवजिक आिेि और अजिसूचनाएं
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
कार्मिक, लोक जिका त और ृेंिन मंत्राल
(कार्मिक और प्रजिक्षण जवभाग)
नई दिल्ली, 1 फरवरी, 2024
का.आ. 2070.—केंद्री सरकार, िंड प्रदि ा संजिता, 1973 (1974 का
2 ) की िारा
24
की उृिारा (8) द्वारा
प्रित्त
िजि ों
का
प्र ोग
करते
हुए,
श्री
संि
िजन,
वररष्ठ
अजिविा
को
मामला
सं
.आरसी
2172015ए0002सीबीआई/एसी-।।/एनडी (अंतररक्ष िेवास मामला) में, जिसे दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री
अन्वेषण ब् ूरो) द्वारा जविेष न् ा ािीि, सीबीआई, राउि एवेन् ू जिला न् ा ाल ृररसर, नई दिल्ली में संजस्ट् त दक ा
ग ा ा, तत्सम प्रवषत्त जवजि द्वारा दकसी अृील ा जवचारण न् ा ाल में इस मामले से उद्भूत अृील, ृुनरीक्षण ा
अन् मामलों में अजभ ोिन का संचालन करने के जलए, 25 अिूबर, 2023 से तीन वषि की अवजि के जलए ा मामले के
जनृटारे तक, इनमें से िो भी ृूवितर िो, जविेष लोक अजभ ोिक जन ुि करती िज ।
[फा. सं. 225/17/2020-एवीडी-II]
कुंिन ना , अवर सजचव
सी.जी.-डी.एल.-सा.-27112024-258942
CG-DL-W-27112024-258942
4880
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 1st February, 2024
S.O. 2070.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri Sanjay Jain, Senior Advocate as Special
Public Prosecutor for conducting the prosecution of case No. RC 2172015A0002CBI/AC-II/ND (Antrix Devas case),
instituted by Delhi Special Police Establishment (Central Bureau of Investigation) in the Court of Special Judge, CBI,
Rouse Avenue District Courts Complex, New Delhi and any appeal, revision or other matters arising out of this case in
any appellate or revisional Court established by law for the time being in force, for a period of three years with effect
from 25th October, 2023 or till disposal of the case, whichever is earlier.
[F. No. 225/17/2020-AVD-II]
KUNDAN NATH, Under Secy.
नई दिल्ली, 4 िुलाई, 2024
का.आ. 2071.—केन्द्र सरकार एति्
द्वारा िंड प्रदि ा संजिता, 1973 (1974 का 2) की िारा 24 की उृ-िारा
(8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री ृी. प्रसन्ना कुमार, अजिविा को, कनािटक उच्च न् ा ाल , बेंगलुप और
उसकी िारवाड न् ा ृी के समक्ष दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त दकए गए केंद्री
अन्वेषण ब् ूरो प्रकरण आरसी-17(एस)/2019-सीबीआई/एसीबी/बीएलआर (सीबीआई, एसीबी, बेंगलूप बनाम बस्ट्वराि
जिवप्ृा मुतागी- ोगेि गौडा मडिर केस), सीसी सं. 565/2021 और सीसी सं. 1856/2021 में अजभ ोिन और जवजि
द्वारा स्ट् ाजृत दकसी अृील ा ृुनरीक्षण न् ा ाल में दकसी अृील, ृुनरीक्षण और अन् जवष ों का संचालन करने के
जलए, मामलों का जनृटान िोने ा अगला आिेि िोने तक, िो भी ृूवितर िो, जविेष लोक अजभ ोिक जन ुि करती िज।
[फा. सं. 225/20/2024-एवीडी-II]
कुंिन ना , अवर सजचव
New Delhi, the 4th July, 2024
S.O. 2071.—In exercise of the powers conferred by sub-section (8) of Section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri P. Prasanna Kumar, Advocate as Special
Public Prosecutor for conducting prosecution of Central Bureau of Investigation Case RC-17(S)/2019-CBI/ACB/BLR
(CBI, ACB, Bangalore Vs. Basavaraj Shivappa Mutagi-Yogesh Gowda Murder Case), CC No. 565/2021 and CC No.
1856/2021 instituted by the Delhi Special Police Establishment (Central Bureau of Investigation), in the High Court of
Karnataka at Bangaluru and its Bench at Dharwad and any appeal, revision and other matters arising out of the case in
any Appellate or Revisional Court established by law, till disposal of the case or until further orders, whichever is
earlier.
[F. No. 225/20/2024-AVD-II]
KUNDAN NATH, Under Secy.
नई दिल्ली, 4 िुलाई, 2024
का.आ. 2072.—केन्द्र सरकार एति् द्वारा िंड प्रदि ा संजिता, 1973 (1974 का 2) की िारा 24 की उृ-िारा
(8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री एन. बास्ट्करन एवं श्री बी. मोिन, अजिविागण को माननी मद्रास उच्च
न् ा ाल के समक्ष दिल्ली जविेष ृुजलस स्ट् ाृन (केन्द्री अन्वेषण ब् ूरो) द्वारा अन्वेजषत मामलों से उत्ृन्न अजभ ोिन,
अृील, ृुनरीक्षण और अन् मामलों त आ इनसे िुड़े ा इनके आनुषंजगक मामलों का संचालन करने िेतु, जन ुजि की
तारी से तीन वषों की अवजि तक ा अगले आिेिों तक, िो भी ृिले िो, जविेष लोक अजभ ोिक के प ृ में जन ुि
करती िज।
[फा. सं .225/19/2024-एवीडी-II]
कुंिन ना , अवर सजचव
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4881
New Delhi, the 4th July, 2024
S.O. 2072.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Shri N. Baaskaran and Shri B. Mohan,
Advocates as Special Public Prosecutors for conducting the prosecution, appeals, revisions and other matters arising
out of the cases investigated by the Delhi Special Police Establishment (Central Bureau of Investigation) and for
matters connected therewith or incidental thereto, in the High Court of Madras, for a period of three years from the
date of appointment or until further orders, whichever is earlier.
[F. No. 225/19/2024-AVD-II]
KUNDAN NATH, Under Secy.
नई दिल्ली, 4 जसतम् बर, 2024
का.आ. 2073.—केंद्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, भारत सरकार कार्मिक, लोक जिका त और ृेंिन मंत्राल (कार्मिक
और प्रजिक्षण जवभाग) की अजिसूचना सं. का.आ. 934 तारी 7 िून, 2018, िो भारत के रािृत्र, भाग 2, ंड 3,
उृ ंड (ii), तारी 16.06.2018 में प्रकाजित हुई ी, में जनम्नजलज त संिोिन करती िज, अ ाित्:-
2. उि अजिसूचना,-
(क) िम सं. (2) में “आरसी 3 ई 1998” अक्षरों, अंकों और कोष्ठक के स्ट् ान ृर “आरसी-2 (ई)/1998” अक्षर, अंक और
कोष्ठक र े िाएंगे और 7 िून, 2018 से र े गए समझे िाएंगे।
( ) िम सं. (6) और उससे संबंजित प्रजवजि ों के स्ट् ान ृर जनम्नजलज त िम सं. और प्रजवजि ां र ी िाएंगी, और 7 िून,
2018 से र ी गई समझी िाएंगी, अ ाित्:-
“(6) आरसी-6 (ई)/2006-ईओडब्ल ू-II, मजससि िुगाि ओवरसीि प्राईवेट जलजमटेड सीबीआई बनाम प्रवीण चुघ” ।
(फा. सं. 225/14/2017-एवीडी-II)
सत् म श्रीवास्ट्तव, अवर सजचव
स्ट्ृिीकारक ज्ञाृन– अजिसूचना का.आ. 934 तारी 7 िून, 2018 में िम सं. 2 और िम सं. 6 तक कजतृ टंकण संबंिी
त्रुरट ां िो गई िैं। उन्िें िूर करने के जलए उि अजिसूचना का 7 िून, 2018 से भूतलक्षी प ृ से संिोिन दक ा िा रिा िज।
रटप्ृण–मूल अजिसूचना भारत के रािृत्र, भाग 2, ंड 3, उृ ंड (ii), तारी 16.06.2018 में प्रकाजित हुई ी।
New Delhi, the 4th September, 2024
S.O. 2073.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby makes the following amendments in the
notification of the Government of India, Ministry of Personnel, Public Grievance and Pensions (Department of
Personnel and Training) vide number S.O. 934, dated 7th June, 2018, published in the Gazette of India, Part-II,
Section 3, Sub-section (ii), dated 16.06.2018, namely:-
2. In the said notification, -
(a) in serial number (2), for the letters and figures “RC 3 E 1998”, the letters, figures and brackets “RC-
2(E)/1998” shall be substituted and shall be deemed to have been substituted with effect from 7th June, 2018;
(b) for serial number (6) and the entries relating thereto, the following serial number and entries shall be
substituted and shall be deemed to have been substituted with effect from 7th June, 2018, namely: -
“(6) RC-6(E)/2006-EOW-II, M/s Durga Overseas Pvt. Ltd. CBI Vs. Praveen Chugh”.
[F. No. 225/14/2017-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
Explanatory Memorandum.⸺In the Notification S.O. 934, dated 7th June, 2018, certain typographical errors have
been occurred at serial numbers (2) and (6). In order to rectify the same, the said notification is being amended with
retrospective effect from 7th June, 2018.
Note.- Principal notification was published in the Gazette of India, Part II, Section 3, Sub-section (ii) dated 16th June,
2018 vide S.O. 934 dated 7th June, 2018
4882
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
नई दिल्ली, 6 जसतम् बर, 2024
का.आ. 2074.—केन्द्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री सुनील डोजमजनक गोंिाल्वेि, अजिविा को माननी जविेष
न् ा ािीि, न् ा ाल कक्ष सं् ा 50, जसटी जसजवल और सत्र न् ा ाल , मुम्बई में दिल्ली जविेष ृुजलस स्ट् ाृना (केन्द्री
अन्वेषण ब् ूरो) द्वारा संस्ट् ाजृत केन्द्री अन्वेषण ब् ूरो मामला आरसी-बीएस12009एस0004-सीबीआई/एससीबी/मुम्बई
(घाटकोृर अजभरक्षा में मषत् ु संबंिी मामला) के अजभ ोिन का संचालन करने और जवजि द्वारा स्ट् ाजृत दकसी अृीली
ा ृुनरीक्षण न् ा ाल में उि मामले से उद्भूत अृील, ृुनरीक्षण और अन् मामलों का संचालन करने के जलए, जन ुजि
की तारी से तीन वषों की अवजि के जलए ा अगले आिेिों तक, िो भी ृिले िो, जविेष लोक अजभ ोिक के प ृ में
जन ुि करती िज ।
[फा. सं. 225/18/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 6th September, 2024
S.O. 2074.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Sunil Domnic Gonsalves,
Advocate, as Special Public Prosecutor for conducting the prosecution of Central Bureau of Investigation case RC-
BS12009S0004-CBI/SCB/Mumbai (Ghatkopar Custodial Death Case) instituted by the Delhi Special Police
Establishment (Central Bureau of Investigation) in the Special Judge, Court Room No. 50, City Civil and Sessions
Court, Mumbai and appeal, revision and other matters arising out of the said case in any Appellate or Revisional
Court established by law, for a period of three years from the date of appointment or until further orders, whichever is
earlier.
[F. No. 225/18/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 9 जसतम् बर, 2024
का.आ. 2075.—केंद्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री सजचन एस. ृनले, अजिविा को बंबई उच्च न् ा ाल की
औरंगाबाि न् ा ृी में दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा अन्वेषण दकए गए मामलों से उद्भूत
अजभ ोिन, अृील, ृुनरीक्षण ा अन् मामलों का संचालन करने िेतु जन ुजि की तारी से तीन वषि की अवजि के जलए
ा अगले आिेि तक, इनमें से िो भी ृिले िो, जविेष लोक अजभ ोिक जन ुि करती िज ।
[फा. सं. 225/27/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 9th September, 2024
S.O. 2075.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Sachin S. Panale, Advocate as
Special Public Prosecutor for conducting the prosecution, appeals, revisions and other matters arising out of the cases
investigated by the Delhi Special Police Establishment (Central Bureau of Investigation), in the High Court of
Bombay at Aurangabad Bench, for a period of three years from the date of appointment or until further orders,
whichever is earlier.
[F. No. 225/27/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4883
नई दिल्ली, 12 जसतम् बर, 2024
का.आ. 2076.—केन् द्री सरकार भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री ृी ूष गगि, अजिविा को उत्तरा ंड उच्च न् ा ाल , नजनीताल में
दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त दकए गए मामलों से उद्भूत अजभ ोिन, अृील,
ृुनरीक्षण ा अन् मामलों का संचालन करने िेतु का िभार ग्रिण करने की तारी से तीन वषि की अवजि के जलए ा अगले
आिेि तक, इनमें से िो भी ृिले िो, जविेष लोक अजभ ोिक जन ुि करती िज ।
[फा. सं. 225/23/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 12th September, 2024
S.O. 2076.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Piyush Garg, Advocate as Special
Public Prosecutor for conducting the prosecution, appeals, revisions and other matters arising out of the cases
instituted by the Delhi Special Police Establishment (Central Bureau of Investigation), before the High Court of
Uttarakhand at Nainital, for a period of three years from the date of assumption of charge or until further orders,
whichever is earlier.
[F. No. 225/23/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 12 जसतम् बर, 2024
का.आ. 2077.—केन्द्री सरकार, भारती नागररक संजिता, 2023 (2023 का 46) की िारा 18 की उृिारा
(8) द्वारा प्रित् त िजत त ों का प्र ोग करते हुए, श्री ृी. एस. ृी. सुरेि कुमार और श्री मानव सरवन कुमार, अजिवत ताओ
को, आन्र प्रिेि उच्च न् ा ाल , अमरावती के समक्ष दिल् ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त
मामलों में अजभ ोिन का संचालन, अृील, ृुनरीक्षण और उनसे उद्भूत अन् जवष ों का संचालन करने के जलए उनकी
जन ुजत त की तारी से तीन वषों की अवजि के जलए ा अगला आिेि िोने तक, िो भी ृूवितर िो, जविेष लोक अजभ ोिक
जन ुत त करती िज।
[फा. सं .225/25/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 12th September, 2024
S.O. 2077.—In exercise of the powers conferred by sub-section (8) of Section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri P. S. P. Suresh Kumar and
Shri Mannava Sravan Kumar, Advocates as Special Public Prosecutors for conducting the prosecution, appeals,
revisions and other matters arising out of the cases instituted by the Delhi Special Police Establishment (Central
Bureau of Investigation) before the High Court of Andhra Pradesh at Amaravati, for a period of three years from the
date of their assumption of charge or until further orders, whichever is earlier.
[F. No. 225/25/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 18 जसतम् बर, 2024
का.आ. 2078.—केन्द्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, मध् प्रिेि उच्च न् ा ाल , इंिौर न् ा ृी के समक्ष दिल्ली
जविेष ृुजलस स्ट् ाृन (केन्द्री अन्वेषण ब् ूरो) द्वारा संस्ट् ाजृत मामलों का अजभ ोिन, अृील, ृुनरीक्षण और उद्भूत
4884
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
अन् मामलों का संचालन करने के जलए, श्री मनोि सोनी और श्री मनोि जद्ववेिी, अजिविाओ को, उनके ृिग्रिण
करने की तारी से तीन वषि की अवजि के जलए ा अगले आिेिों तक, िो भी ृिले िो, जविेष लोक अजभ ोिक के प ृ
में जन ुि करती िज ।
[फा. सं .225/37/2021-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 18th September, 2024
S.O. 2078.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Manoj Soni and Shri Manoj
Dwivedi, Advocates as Special Public Prosecutors for conducting the prosecution, appeals, revisions and other
matters arising out of the cases instituted by the Delhi Special Police Establishment (Central Bureau of Investigation),
before the High Court of Madhya Pradesh, Indore Bench, for a period of three years from the date of assumption of
charge or until further orders, whichever is earlier.
[F. No. 225/37/2021-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 23 जसतम् बर, 2024
का.आ. 2079.—केंद्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृिारा (8) द्वारा प्रित् त िजत त ों का प्र ोग करते हुए अजिवत तागण श्री काश् मीर ससंि ाकुर और श्री िनेि मिािन को
जिमाचल प्रिेि उच् च न् ा ाल , जिमला में दिल् ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा अन् वेजषत दकए िा
रिे मामलों का अजभ ोिन, अृील, ृुनरीक्षण और इन मामलों से उत् ृन् न अन् मामलों का संचालन करने के जलए, उनकी
जन ुजत त की तारी से तीन वषों की अवजि के जलए अ वा अगले आिेिों तक, इनमें से िो भी ृिले िो, जविेष लोक
अजभ ोिक जन ुत त करती िज ।
[फा. सं. 225/22/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 23rd September, 2024
S.O. 2079.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Kashmir Singh Thakur and Shri
Janesh Mahajan, Advocates as Special Public Prosecutors for conducting the prosecution, appeals, revisions and other
matters arising out of the cases instituted by the Delhi Special Police Establishment (Central Bureau of Investigation),
before the High Court of Himachal Pradesh at Shimla, for a period of three years from the date of assumption of
charge or until further orders, whichever is earlier.
[F. No. 225/22/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 26 जसतम् बर, 2024
का.आ. 2080.—केंद्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृ-िारा (8) द्वारा प्रित्त िजि का प्र ोग करते हुए जनम्नजलज त अजिविाओ को, िो नीचे िी गई सारणी में प्रत् ेक के
सामने उजल्लज त िैं, दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त मामलों के अजभ ोिन और जवजि
द्वारा स्ट् ाजृत दकसी अृीली ा ृुनरीक्षण न् ा ाल में अृील, ृुनरीक्षण और इन मामलों से उत्ृन्न िोने वाले अन्
मामलों को संचाजलत करने के जलए मामले का जनृटारा िोने तक, जविेष लोक अजभ ोिक के प ृ में जन ुि करती िज:
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4885
सारणी
ि.
सं.
अजिविा का
नाम
(श्री/श्रीमती)
आरसी सं.
जविेष मामला सं./ न् ा ाल
मामला सं.
न् ा ाल का नाम
1
श्री
सुनील
डोमजनक
गोंिाल्वेि
आरसी
4/ई/2002-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 83/2003
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
3/ई/2006-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 48/2007
और
जविेष
मामला
सं.
22/2014
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
4/ई/2006-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 47/2007
और
जविेष मामला सं. 74/2014
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
1/ई/2014-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 62/2016
और
जविेष
मामला
सं.
64/2017
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
आरसी
5/ई/2014-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 34/2017
और
जविेष मामला सं. 62/2017
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
2
श्री
ि ससंग
जव्णु िेसाई
आरसी
5/ई/2004-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 27/2007
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
आरसी
2/ई/2014-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 42/2014,
जविेष मामला सं. 10/2015
और
जविेष मामला सं. 32/2016
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
आरसी
26/ई/2016-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 10/2018
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
3
श्री
अरसवंि
अंकुि आघव
आरसी
8/ई/2011-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 48/2012
और
जविेष मामला सं. 79/2012
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
4/ई/2011-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 68/2012
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
4/ई/2012-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 11/2013
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
6/ई/2012-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 53/2013
और
जविेष मामला सं. 65/2013
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
3/ई/2012-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 72/2013
जविेष न् ा ािीि, न् ा ाल
सं. 51, मुंबई
आरसी
5/ई/2012-
सीबीआई/बीएसएफबी/मुंबई
जविेष मामला सं. 85/2013
जविेष न् ा ािीि, न् ा ाल
सं. 52, मुंबई
4
श्री
रमाकांत
आर. ािव
आरसी
11/ई/2016-
सीबीआई/बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
541/ृीडब्ल् ू/2023
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
आरसी
12/ई/2016-
सीबीआई/बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
633/ृीडब्ल् ू/2021
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
4886
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
आरसी
13/ई/2016-सीबीआई/
बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
648/ृीडब्ल् ू/2019
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
आरसी
17/ई/2016-
सीबीआई/बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
877/ृीडब्ल् ू/2019
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
आरसी
19/ई/2016-सीबीआई/
बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
240/ृीडब्ल् ू/2022
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
आरसी
20/ई/2016-सीबीआई/
बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
49/ृीडब्ल् ू/2021
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
आरसी
21/ई/2016-सीबीआई/
बीएसएफबी/मुंबई
न् ा ाल
मामला
सं.
542/ृीडब्ल् ू/2023
अृर मु् मिानगर मजिस्ट्रेट
सं. 3, एसप्लेनेड, मुंबई
[फा. सं. 225/05/2024-एवीडी- II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 26th September, 2024
S.O. 2080.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints the following advocates as Special
Public Prosecutors for conducting prosecution of cases instituted by the Delhi Special Police Establishment (Central
Bureau of Investigation) as mentioned against each in the Table below and appeal, revision and other matter arising out
of these cases in any appellate or revisional Court established by law, till disposal of the cases or until further orders
whichever is earlier:
TABLE
Sl.
No.
Name of the
Advocate
(S/Shri/Smt.
RC Nos.
SPL. Case No.
/Court Case No
Name of Court
1
Shri Sunil Domnic
Gonsalves
RC
4/E/2002-
CBI/BSFB/Mumbai
SPL. Case No.
83/2003
Special Judge, Court No. 51,
Mumbai
RC 3/E/2006-
CBI/BSFB/Mumbai
SPL. Case No.
48/2007 and SPL.
Case No. 22/2014
Special Judge, Court No. 51,
Mumbai
RC 4/E/2006-
CBI/BSFB/Mumbai
SPL. Case No.
47/2007 and SPL.
Case No. 74/2014
Special Judge, Court No. 51,
Mumbai
RC 1/E/2014-
CBI/BSFB/Mumbai
SPL. Case No.
62/2016 and SPL.
Case No. 64/2017
Special Judge, Court No. 52,
Mumbai
RC 5/E/2014-
CBI/BSFB/Mumbai
SPL. Case No.
34/2017 and SPL.
Case No. 62/2017
Special Judge, Court No. 52,
Mumbai
2
Shri Jaysing Vishnu
Desai
RC 5/E/2004-
CBI/BSFB/Mumbai
SPL. Case No.
27/2007
Special Judge, Court No. 52,
Mumbai
RC 2/E/2014-
CBI/BSFB/Mumbai
SPL. Case No.
42/2014, SPL. Case
No. 10/2015 and SPL.
Case No. 32/2016
Special Judge, Court No. 52,
Mumbai
RC 26/E/2016-
CBI/BSFB/Mumbai
SPL. Case No.
10/2018
Special Judge, Court No. 52,
Mumbai
3
Shri Arvind Ankush
Aghav
RC 8/E/2011-
CBI/BSFB/Mumbai
SPL. Case No.
48/2012 and SPL.
Case No. 79/2012
Special Judge, Court No. 51,
Mumbai
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4887
RC 4/E/2011-
CBI/BSFB/Mumbai
SPL. Case No.
68/2012
Special Judge, Court No. 51,
Mumbai
RC 4/E/2012-
CBI/BSFB/Mumbai
SPL. Case No.
11/2013
Special Judge, Court No. 51,
Mumbai
RC 6/E/2012-
CBI/BSFB/Mumbai
SPL. Case No.
53/2013 and SPL.
Case No. 65/2013
Special Judge, Court No. 51,
Mumbai
RC 3/E/2012-
CBI/BSFB/Mumbai
SPL. Case No.
72/2013
Special Judge, Court No. 51,
Mumbai
RC 5/E/2012-
CBI/BSFB/Mumbai
SPL. Case No.
85/2013
Special Judge, Court No. 52,
Mumbai
4
Shri Ramakant R.
Yadav
RC 11/E/2016-
CBI/BSFB/Mumbai
Court Case No.
541/PW/2023
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 12/E/2016-
CBI/BSFB/Mumbai
Court Case No.
633/PW/2021
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 13/E/2016-
CBI/BSFB/Mumbai
Court Case No.
648/PW/2019
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 17/E/2016-
CBI/BSFB/Mumbai
Court Case No.
877/PW/2019
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 19/E/2016-
CBI/BSFB/Mumbai
Court Case No.
240/PW/2022
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 20/E/2016-
CBI/BSFB/Mumbai
Court Case No.
49/PW/2021
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
RC 21/E/2016-
CBI/BSFB/Mumbai
Court Case No.
542/PW/2023
Additional Chief Metropolitan
Magistrate No.3, Esplanade
Mumbai
[F. No. 225/05/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 15 अत तूबर, 2024
का.आ. 2081.—केन्द्र सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की उृ-
िारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए, श्री अज लेि, अजिविा को, नीचे सारणी के स्ट्तंभ (2) और स्ट्तंभ (3) में
उजल्लज त दिल्ली जविेष ृुजलस स्ट् ाृन (केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त त ा उि सारणी के स्ट्तंभ (4) में उजल्लज त
न् ा ाल में मामलों के अजभ ोिन िेतु त ा उि मामलों से उद्भूत अृील, ृुनरीक्षण ा अन् मामलों का जनृटारा िोने
तक ा अगले आिेि तक, इनमें से िो भी ृिले िो, जविेष लोक अजभ ोिक जन ुि करती िज।
सारणी
ि. सं.
आरसी सं.
सीसी सं.
न् ा ाल ों का नाम
(1)
(2)
(3)
(4)
1.
आरसी 219 2017 ई 0017 - सीबीआई बनाम कुमार
अजभषेक एवं अन्
37/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
2.
आरसी 219 2017 ई 0017 - सीबीआई बनाम मेससि श्री
38/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
4888
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
बालािी िाई-टेक कंस्ट्रतिन प्राइवेट जलजमटेड (फ्लजट नंबर
ए-402) और अन्
गाज़ि ाबाि
3.
आरसी 219 2017 ई 0017 - सीबीआई बनाम सागर
कुमार सजनी एवं अन्
39/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
4
आरसी 219 2017 ई 0017 - सीबीआई बनाम ृु्ृलता
डुडेिा एवं अन्
40/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
5
आरसी 219 2017 ई 0017 - सीबीआई बनाम मेससि श्री
बालािी िाई-टेक कंस्ट्रतिन प्राइवेट जलजमटेड (फ्लजट नंबर
ए-801) और अन्
41/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
6
आरसी 219 2017 ई 0017 - सीबीआई बनाम मेससि श्री
बालािी िाई-टेक कंस्ट्रतिन प्राइवेट जलजमटेड (फ्लजट नंबर
बी-206) और अन्
42/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
7
आरसी 219 2017 ई 0017 - सीबीआई बनाम अजनल
कुमार िमाि एवं अन्
43/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
8
आरसी 219 2017 ई 0017 - सीबीआई बनाम मिेंद्र
ससंि एवं अन्
44/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
9
आरसी 219 2017 ई 0017 - सीबीआई बनाम अजभषेक
गोजवल एवं अन्
45/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
10
आरसी 219 2017 ई 0017 - सीबीआई बनाम िेवेंद्र
कुमार एवं अन्
46/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
11
आरसी 219 2017 ई 0017 - सीबीआई बनाम रािा
रानी एवं अन्
47/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
12
आरसी 219 2017 ई 0017 - सीबीआई बनाम नवीन
कुमार एवं अन्
48/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
13
आरसी 219 2017 ई 0017 - सीबीआई बनाम मेससि श्री
बालािी िाई-टेक कंस्ट्रतिन प्राइवेट जलजमटेड (फ्लजट नंबर
ए-902) और अन्
49/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
14
आरसी 219 2017 ई 0017 - सीबीआई बनाम अनुृम
सरीन एवं अन्
50/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
15
आरसी 219 2017 ई 0017 - सीबीआई बनाम अि
कुमार एवं अन्
51/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
16
आरसी 219 2017 ई 0017 - सीबीआई बनाम मेससि श्री
बालािी िाई-टेक कंस्ट्रतिन प्राइवेट जलजमटेड (फ्लजट नंबर
बी-1306) और अन्
52/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
17
आरसी 219 2017 ई 0017 - सीबीआई बनाम अजभषेक
ससंि एवं अन्
53/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
18
आरसी 219 2017 ई 0017 - सीबीआई बनाम सुरेि
रावत एवं अन्
54/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
19
आरसी 219 2017 ई 0017 - सीबीआई बनाम जितेंद्र
कुमार एवं अन्
55/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
20
आरसी 219 2017 ई 0017 - सीबीआई बनाम राि
कुमार एवं अन्
56/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4889
21
आरसी 219 2017 ई 0017 - सीबीआई बनाम प्रकाि
एवं अन्
57/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
22
आरसी 219 2017 ई 0017 - सीबीआई बनाम सतीि
कुमार एवं अन्
58/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
23
आरसी 219 2017 ई 0017 - सीबीआई बनाम अजमत
सतसेना एवं अन्
59/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
24
आरसी 219 2017 ई 0017 - सीबीआई बनाम इंद्रेि
कुमार िमाि और अन्
71/2024
जविेष न् ाज क मजिस्ट्रेट, सीबीआई,
गाज़ि ाबाि
[फा. सं 225/30/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 15th October, 2024
S.O. 2081.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Akhilesh, Advocate as Special
Public Prosecutor for conducting prosecution of cases instituted by the Delhi Special Police Establishment (Central
Bureau of Investigation) mentioned in column (2) and (3) of the Table below and in the Court mentioned in column
(4) of the said Table and any appeal, revision or other matter arising out of said cases in any appellate or revisional
Court established by law, till disposal of the cases or until further order, whichever is earlier.
TABLE
S. No.
RC Nos.
CC Nos.
Name of the Courts
(1)
(2)
(3)
(4)
1
RC 219 2017 E0017 - CBI V/s Kumar Abhishek
& Ors.
37/2024
Special Judicial Magistrate, CBI,
Ghaziabad
2
RC 219 2017 E0017 - CBI V/s M/s Shree Balaji
Hi-Tech Construction Pvt. Ltd. (Flat No. A-402)
& Ors.
38/2024
Special Judicial Magistrate, CBI,
Ghaziabad
3
RC 219 2017 E0017 - CBI V/s Sagar Kumar
Saini & Ors.
39/2024
Special Judicial Magistrate, CBI,
Ghaziabad
4
RC 219 2017 E0017 - CBI V/s Pushplata Dudeja
& Ors.
40/2024
Special Judicial Magistrate, CBI,
Ghaziabad
5
RC 219 2017 E0017 - CBI V/s M/s Shree Balaji
Hi-Tech Construction Pvt. Ltd. (Flat No. A-801)
& Ors.
41/2024
Special Judicial Magistrate, CBI,
Ghaziabad
6
RC 219 2017 E0017 - CBI V/s M/s Shree Balaji
Hi- Tech Construction Pvt. Ltd. (Flat No. B-206)
& Ors.
42/2024
Special Judicial Magistrate, CBI,
Ghaziabad
7
RC 219 2017 E0017 - CBI V/s Anil Kumar
Sharma & Ors.
43/2024
Special Judicial Magistrate, CBI,
Ghaziabad
8
RC 219 2017 E0017 - CBI V/s Mahendra Singh
& Ors.
44/2024
Special Judicial Magistrate, CBI,
Ghaziabad
9
RC 219 2017 E0017 - CBI V/s Abhishek Govil
& Ors.
45/2024
Special Judicial Magistrate, CBI,
Ghaziabad
10
RC 219 2017 E0017 - CBI V/s Devender Kumar
& Ors.
46/2024
Special Judicial Magistrate, CBI,
Ghaziabad
11
RC 219 2017 E0017 - CBI V/s Radha Rani &
Ors.
47/2024
Special Judicial Magistrate, CBI,
Ghaziabad
4890
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
12
RC 219 2017 E0017 - CBI V/s Naveen Kumar &
Ors.
48/2024
Special Judicial Magistrate, CBI,
Ghaziabad
13
RC 219 2017 E0017 - CBI V/s M/s Shree Balaji
Hi-Tech Construction Pvt. Ltd. (Flat No. A-902)
& Ors.
49/2024
Special Judicial Magistrate, CBI,
Ghaziabad
14
RC 219 2017 E0017 - CBI V/s Anupam Sareen
& Ors.
50/2024
Special Judicial Magistrate, CBI,
Ghaziabad
15
RC 219 2017 E0017 - CBI V/s Ajay Kumar &
Ors.
51/2024
Special Judicial Magistrate, CBI,
Ghaziabad
16
RC 219 2017 E0017 - CBI V/s M/s Shree Balaji
Hi- Tech Construction Pvt. Ltd. (Flat No. B-
1306) & Ors.
52/2024
Special Judicial Magistrate, CBI,
Ghaziabad
17
RC 219 2017 E0017 - CBI V/s Abhishek Singh
& Ors.
53/2024
Special Judicial Magistrate, CBI,
Ghaziabad
18
RC 219 2017 E0017 - CBI V/s Suresh Rawat &
Ors.
54/2024
Special Judicial Magistrate, CBI,
Ghaziabad
19
RC 219 2017 E0017 - CBI V/s Jitender Kumar
& Ors.
55/2024
Special Judicial Magistrate, CBI,
Ghaziabad
20
RC 219 2017 E0017 - CBI V/s Raj Kumar &
Ors.
56/2024
Special Judicial Magistrate, CBI,
Ghaziabad
21
RC 219 2017 E0017 - CBI V/s Prakash & Ors.
57/2024
Special Judicial Magistrate, CBI,
Ghaziabad
22
RC 219 2017 E0017 - CBI V/s Satish Kumar &
Ors.
58/2024
Special Judicial Magistrate, CBI,
Ghaziabad
23
RC 219 2017 E0017 - CBI V/s Amit Saxena &
Ors.
59/2024
Special Judicial Magistrate, CBI,
Ghaziabad
24
RC 219 2017 E0017 - CBI V/s Indresh Kumar
Sharma & Ors.
71/2024
Special Judicial Magistrate, CBI,
Ghaziabad
[F. No. 225/30/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 16 अत तूबर, 2024
का.आ. 2082.—केन्द्री सरकार, भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृ-िारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए श्री ृी. प्रसन्ना कुमार, अजिविा को दिल्ली जविेष ृुजलस स्ट् ाृन
(केंद्री अन्वेषण ब् ूरो) द्वारा संजस्ट् त एवं 81वां अृर नगर जसजवल एवं सत्र न् ा ाल , बंगलोर में लंजबत केंद्री अन्वेषण
ब् ूरो मामला सं. आरसी-17(एस)/2019-सीबीआई/एसीबी/बीएलआर ( ोगेि गौड़ा ित् ा मामला) (न् ा ाल मामला सं.
565/2021 और न् ा ाल मामला सं. 1856/2021) के अजभ ोिन का संचालन करने के जलए इन मामलों के जनृटान
िोने तक अ वा अगले आिेि तक, इनमे से िो भी ृिले िो, जविेष लोक अजभ ोिक जन ुि करती िज।
[फा. सं .225/29/2024-एवीडी-II]
सत् म श्रीवास्ट्तव, अवर सजचव
New Delhi, the 16th October, 2024
S.O. 2082.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri P. Prasanna Kumar, Advocate as
Special Public Prosecutor for conducting prosecution of Central Bureau of Investigation Case RC-17(S)/2019-
CBI/ACB/BLR (Yogesh Gowda Murder Case) (CC No. 565/2021 and CC No. 1856/2021) instituted by Delhi Special
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4891
Police Establishment (Central Bureau of Investigation), pending before the 81st Additional City Civil and Sessions
Court, Bangalore, till disposal of the case or until further order, whichever is earlier.
[F. No. 225/29/2024-AVD-II]
SATYAM SRIVASTAVA, Under Secy.
नई दिल्ली, 11 नवम्बर, 2024
का.आ. 2083.—केंद्री सरकार भारती नागररक सुरक्षा संजिता, 2023 (2023 का 46) की िारा 18 की
उृ-िारा (8) द्वारा प्रित्त िजि ों का प्र ोग करते हुए श्री ृा ि सार ी ित्ता, अजिविा को अृर मु् न् ाज क
िण्डाजिकारी, जस ालिि 24 ृरगना (िजक्षण), कोलकाता के न् ा ाल में दिल्ली जविेष ृुजलस स्ट् ाृन (केन्द्री अन्वेषण
ब् ूरो) द्वारा संजस्ट् त मामला सं. आरसी-10(एस)/2024/सीबीआई/एससी-I/नई दिल्ली एवं जवजि द्वारा स्ट् ाजृत दकसी
अृीली अ वा ृुनरीक्षण न् ा ाल में उि मामलों से उत्ृन्न अृील, ृुनरीक्षण अ वा अन् मामलों के अजभ ोिन का
संचालन करने के जलए उनके प्रभार ग्रिण करने की तारी से तीन वषि की अवजि के जलए अ वा मामले के जनृटान िोने
तक, इनमें से िो भी ृिले िो, जविेष लोक अजभ ोिक जन ुि करती िज।
[फा. सं. 225/33/2024-एवीडी-II]
रािीव कुमार रे, अवर सजचव
New Delhi, the 11th November, 2024
S.O. 2083.—In exercise of the powers conferred by sub-section (8) of section 18 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints Shri Partha Sarathi Dutta, Advocate as
Special Public Prosecutor for conducting the prosecution of case RC-10(S)/2024/CBI/SC-I/New Delhi instituted by
the Delhi Special Police Establishment (Central Bureau of Investigation) in the Court of Additional Chief Judicial
Magistrate, Sealdah, 24 Parganas (South), Kolkata and any appeal, revision or other matter arising out of the said case
in any appellate or revisional Court established by law, for a period of three years or till the disposal of the case,
whichever is earlier.
[F. No. 225/33/2024-AVD-II]
RAJEEV KUMAR KHARE, Under Secy.
ृेरोजल म और प्राकषजतक गजस मंत्राल
नई दिल्ली, 4 नवम् बर, 2024
का.आ. 2084.—केन् द्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के जन म
10 के उृजन म (4) के अनुसरण में ृेरोजल म और प्राकषजतक गजस मंत्राल के प्रिासजनक जन ंत्रणािीन साविजनक क्षेत्र के
उृिम के जनम् नजलज त का ािल को, जिसके 80 ा अजिक प्रजतित कमिचारी वषन् ि ने जिन् िी का का िसािक ज्ञान प्राप् त कर
जल ा िज, अजिसूजचत करती िज:-
मेिसाना ृररसम्ृजत्त,
(ऑ ल एण्ड नेचुरल गजस कॉृोरेिन जलजमटेड),
केडीएम भवन, ृालावासना,
मेिसाना - 380003
[फा. सं. 11012/3/2021-रा.भा.(2024)]
डॉ. ज् ोजत जमश्रा, उृ जनिेिक (रािभाषा)
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 4th November, 2024
S.O. 2084.—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 office of the Public Sector undertaking
4892
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
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:-
Mehsana Asset,
(Oil and Natural Gas Corporation Limited),
KDM Bhawan, Palawasna,
Mehsana – 380003
[F. No. 11012/3/2021-OL(2024)]
Dr. JYOTI MISHRA, Dy. Director (OL)
श्रम एवं रोिगार मंत्राल
नई दिल्ली, 19 जसतम् बर, 2024
का.आ. 2085.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa]dsUnzh; ljdkj
बी बी. एम. बी. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
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-
नंबर II]
चंडीगढ़ ds iapkV (
/
) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. ,y&23012/12/2004-vkbZ-vkj- (सी.एम-II)]
मजणकंिन.एन, उृ जनिेिक
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 19th September, 2024
S.O. 2085.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No.242/2005) of the Central Government Industrial Tribunal-
cum-Labour Court No. 2, Chandigarh as shown in the Annexure, in the industrial dispute between the
Management of BBMB and their workmen, received by the Central Government on 29/08/2024.
[No. L-23012/12/2004 – IR (CM-II)]
MANIKANDAN. N, Dy. Director
ANNEXURE
In the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh.
Present: Mr. Kamal Kant, Presiding Officer.
ID No. 242 /2005
Registered on:- 05.08.2005
Tara Chand S/o Sh. Chet Ram, C/o Shri Hem Prabh S/o Sh. Bali Ram, R/o Village Bhayarta, P.O. Chanahan, Teh. &
Distt. Mandi (HP).
….……....Workman
Versus
1.
Bhakra Beas management Board, Madhya Marg, Sector 19-B, Chandigarh through its Chairman.
2.
The Chief Engineer, BSL Project Sundernagar Township, Distt. Mandi, (HP).
…..Respondents/Managements
AWARD
Passed on :-18.07.2024
Central Government vide Notification No.L-23012/12/2004-IR(CM-II), dated 07.07.2005, under clause (d)
of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the
following Industrial dispute for adjudication to this Tribunal:-
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4893
““Whether the demand of Shri Tara Chand for reinstatement in the services of BBMB, Sunder Nagar
is legal and justified? If so, to what relief the concerned workman is entitled and from which date?
1.
The brief facts, related to the case are that the construction of Beas Sutluj Link Project{hereinafter called as
BSL(P)} started in the year 1962 under Beas Control Board, which was constituted on 10.02.1961 with its
headquarter at Sundernagar and this project was under the control of Centre Government, who had been constructing,
maintaining, operating and administrating it through various Boards in different phases. After passing of Pb. Re-
Organisation Act, 1966(hereinafter called “Re-Organisation Act”) Beas Control Board was replaced by Beas
Construction Board(hereinafter called as BCB). The workman was employed by BCB on 03.03.1964. The workman
who was employed in Beas Project(Unit-1) become the employee of Bhakra Beas Management Board(hereinafter
called as BBMB) in pursuance of proviso (1) of Section 80(3) and Section 80(5) of Re-organisation Act and the
workman become the employee of the Centre Government under the management of B.B.M.B. from 15.05.1976. The
workman has completed 240 days in every calendar year and was not interrupted till his retrenchment. The employer
made a bulk retrenchment of project employees in the year 1977 and 1978 and also in stages thereafter till 1984. The
workman was also retrenched by the employer on 30.03.1984 on account of reduction in strength due to part
completion of the BSL(P) and re-employment certificate was issued by the office of re-settlement B.S.L/B.B.M.B.
Sundernagar for the re-employment of the retrenched workmen of B.S.L.(P)(BBMB) in accordance with provision of
the Act. After the retrenchment of the workman, thousands of other persons were appointed secretly by employer,
violating Section 25-G and Section 25-H of the I.D. Act, 1947. The employer is also doing unfair labour practices as
defined in Section 2(R)A of the ID Act. Management has also violated the provisions of Rules 77 and 78 of Industrial
Dispute(Central) Rule, 1957(hereinafter called “The Industrial Rules”). By filling vacant posts, the employer declared
some posts as surplus and retrenched the employees working on those posts.
2.
It is also maintained that the present workman and other workmen have filed a Civil Writ Petition
No. 403/1996, titled as Sant Ram and 87 others Vs. BBMB in the Hon’ble High Court of Shimla for their re-
employment and in the said writ petition management filed reply dated 16.04.1996 by way of affidavit and admitted
that retrenched workmen are employee of BBMB. The workmen have then withdrew the writ petition and filed civil
suits for declaring them as a retrenched workmen of BBMB before the Sub-Judge, 1st Class, Sunder Nagar, Distt.
Mandi(HP), on 21.01.1997 and later on those suits were decided on 05.07.2002 and all plaints were returned to the
workmen to be filed before the competent authority on the basis of which the present proceedings were initiated after
referring of the dispute of workman from the Ministry of Labour on 07.07.2005. Thereafter, management filed writ
petition before the Hon’ble Punjab & Haryana High Court against the order of Ministry on 07.07.2005 and the same
was dismissed on 07.05.2007 and Special Leave Petition filed bearing nos.16939-17007 of 2007 in Hon’ble Supreme
Court of India by the management was also dismissed on 08.07.2014. It is therefore, prayed that the claim petition of
the workman may kindly be allowed and workman be continued in the service of the management and be regularized
and further be given all the consequential benefits.
3.
Management filed written statement, alleging therein that workman is Ex-work charged employee of Beas
Construction Board, which was constituted under Section 80(1) of the Re-organisation Act. The workman was
retrenched after completion of the work of BCB in the year 1984. The workman was paid terminal benefits i.e.
retrenchment compensation, gratuity, ex-gratia amount on account of his retrenchment from BCB as per provisions of
ID Act. It is further maintained that BCB and present management are two distinct and separate entities. It is also
maintained that construction of Beas Project was undertaken by the Punjab Govt. Irrigation Department prior to the
re-organisation of the erstwhile State of Punjab on 01.01.1966. After re-organisation the work of BSL(P) was taken
over by the Central Govt. on behalf of partner states of Punjab, Haryana and Rajasthan. The Central Govt. constituted
BCB under Section 80(5) of the Re-organisation Act and further stipulated that any component of Beas Project in
relation to which the construction has been completed be transferred by the Central Govt. to Bhakra Management
Board(hereinafter called as BMB) constituted under Section 79(1) of the Re-organisation Act. It is further stated
under Section 80(5) of the Re-organisation Act that BMB would be re-named as BBMB when any component of Beas
Project was transferred under Section 80(6) of the Re-organisation Act. The workman was employed by the BCB.
Thus, the workman never remained the employee of management. However, it is stated that 1093 work-charged and
12 contingent paid employees of Beas Project were sent on job order basis to Ranjit Sagar Dam, Punjab. They were
taken over by the management under the benevolent policy of the Central Govt. as Central Govt. had given directions
to BBMB to absorb these employees. The remaining work-charged employees were not entitled for the said benefit.
Even work-charged employees of the BCB had filed a petition in the Hon’ble Supreme Court of India, titled as
Jaswant Singh and another Vs. Union of India & Anr., 1979 SCC 440, in which their claim for absorbing them in
BBMB is not granted instead their retrenchment from BCB was upheld. Remaining averments have been denied and
it is stated that the claim of the workman is hopelessly time barred and the workman has no legal enforceable right to
claim employment in BBMB. It is prayed that claim be dismiss.
4.
A replication was also filed by workman contravening the facts taken in written statement as reiterating the
facts as stated in claim petition.
5.
Parties were given opportunity to lead evidence.
4894
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
6.
The workman has examined himself as WW1 and filed his affidavit in evidence as Ex.WW1/A and has been
cross-examined by the learned law officer of management. He also tendered document Ex. W-2 Discharge Certificate.
7.
The management has filed affidavit of N.M. Jain, Sub-Divisional Officer, Sub- Division BBMB Sunder
Nagar, who filed his affidavit in evidence as Ex.MW1/A and has been cross-examined by the learned counsel of
workman.
8.
While arguing the case, learned Law Officer for the management contended that initially Beas Control Board
was constituted in the year 1960. BCB was constituted in the year 1966 and all the projects were transferred from
Beas Control Board to BCB in the year 1966 thereafter as per Section 79 of the Punjab Re-organisation Act, BMB
was constituted for administrative, maintenance and operation of various works as mentioned in Section 79 itself.
Section 80(6) of the Punjab Re-organisation Act provides that BMB constituted under Section 79 of the Act shall be
re-named as BBMB when any of the components of the Beas Project has been transferred under sub-section 5 and the
BCB shall cease to exist when all the component of the Beas Project have been so transferred. All the projects under
BCB were completed in the year 1984 and BCB ceased to exist in 1984. Present workman was employed as work
charged employee 30.03.1964 and was retrenched on 30.03.1984. All similar work charged employees including the
present workman was engaged by the BCB which ceased to exist in the year 1984 therefore, the workmen cannot be
termed as the employees of the BBMB because there does not exist BCB which was his parent department. Moreover,
the Hon’ble Supreme Court in the case titled as Jaswant Singh and another Vs. Union of India & Anr., 1979 SCC
440 has held that work charged employees were bound by the settlement dated June 28, 1977 effected by the
management and also by the award 2-C of the year 1971 before Sh. H.R. Sodhi, Presiding Officer, CGIT-Chandigarh
between workman and employees of the Beas Construction Board, Sunder Nagar and published in the gazette on
15.06.1974 of the Govt. of India.
9.
So far as the claim of the workman regarding re-employment after retrenchment on 30.03.1984 is concerned,
workman was not entitled for re-instatement as in a case under reference no.2-C of 1971 decided by Sh. H.R. Sodhi,
the then Presiding Officer, CGIT-Chandigarh, it was held that management in order to establish an industrial peace
and to secure the work charge employees after completing the work can engage after completion of project at any
time within 6 months for the maintenance of staff for project of any work if it is required to those work charged
employees in order to seniority who have put 10 years of service. The relevant portion of para is reproduced as below:
“It is accordingly, directed that at the time of completion of the Project or at any other time within six
months thereof for the maintenance staff for the Project or any of its Works if it is required to be recruited or
transferred from any department of the State Governments or of the Central Government, the offer shall first
be made to the work-charged employees in order of their seniority who have put in 10 years’ continuous
service or more under the Board in that category or trade where the vacancy occurs subject to the medical
fitness of such workmen. The scale of wages as applicable to the workmen will not, however, be disturbed to
their prejudice nor their continuity of service affected.“
10.
Because the present workman had not completed 10 years of service so he is not entitled for re-employment.
Learned representative for the management further contended that in this case workman was retrenched on
30.03.1984 after receiving due retrenchment compensation etc. and now he is claiming re-employment under Section
25-H of the Act and has claim is hopelessly time barred as he has filed the present claim petition on 20.07.2005. To
support this view he has placed reliance in the case titled as Chief Engineer Ranjit Sagar Dam & Anr. Vs. Sham Lal,
AIR 2006, Supreme Court 2682, wherein in identical matters Court has not entertained writ petition due to inordinate
delay. In the present case there is a delay of about 27 years. He also relied upon the case titled as Ram Chand Vs. The
BBMB and another, CWP no.2787 of 2018, decided on 03.12.2018(Annexure R-4) where the Hon’ble Himachal
Pradesh High Court has held that dispute if any ought to be raised within a reasonable period as the ID Act does not
prescribed time limit for referring such dispute. In the present case workman was engaged as Masson in the year 1964
and was discharged on 30.03.1984 and he has sought re-employment after 41 years which was held to be highly time
barred. Thus, he contended that claim of workman is time barred. Workman was discharged on 30.03.1984 and
thereafter he filed present claim before the Labour Conciliation Officer on 08.09.2005.
11.
While arguing the case, learned AR for the workman contended that in this case workman was discharged on
30.03.1984 due to reduction in strength and he was issued discharge certificate by Sub Divisional Officer, BBMB
Sundernagar. He referred to Section 25-H of the ID Act which provides re-employment of retrenched workman. He
further has drawn the attention of the Court towards the statement of the workman. He was required to be adjust in
view of under Section 25-G of the Act by the management Discharge Certificate was issued by the Management. He
was not given any employment. While arguing further, learned AR for the workman referred to Rule 77 and 78 of the
Industrial Dispute Central Rule 1957(hereinafter called Industrial Rule). Rule 77 provides maintenance of seniority
list of workman and it states that before any worker is retrenched the appellant-establishment is required to place on
the notice board the seniority list of all the workmen who were to be retrenched but nothing has been done in this
regard before retrenchment of the present worker. She also referred to Rule 78 which provides that as and when any
vacancy incurred then retrenched workmen were required to be given registered notice but nothing was done by the
management. Moreover, question of limitation does not arise as no limitation period has been prescribed under the
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4895
Act for seeking relief under Clause (d) of Sub-Section (1) of Section 10 of the ID Act. Learned AR for the workman
further contended that even reference made by the Government dated 07.07.2005 was challenged by the management
in the Hon’ble Punjab & Haryana High Court vide Writ Petition No.3100 of 2006 and their writ petition was
dismissed by the Hon’ble High Court on 07.05.2007. Even SLP filed against the order dated 07.05.2007 was upheld
by the Hon’ble Supreme Court in SLP No.16979/2007 dated 08.07.2014.
12.
I have given due consideration to the arguments advanced by the learned AR for the workman and also for
the management.
13.
The management relied upon mainly in this case on the case titled as Jaswant Singh and another(supra),
which is very material for decision of this case. The said judgment deals with two types of petitioners. First type of
petitioners were employed by the BCB on purely temporary basis and they had also given written undertaking
confirming the term of their appointment. The BCB appointed the first type of petitioners on ad hoc basis with a clear
understanding that they will have no right to be retained in service after the completion of the Beas Project. They are
Engineers, Section Officer, Accounts Clerk, Teacher etc. and they have claimed their parity with other employees
who belonged to the services of the Punjab, Haryana and Rajasthan Governments and who were serving on deputation
in connection with the works of the BhakraNangal Scheme.
14.
In respect of these employees, it was held as follow:-
“To sum up, we are of the opinion that the petitioners are employees of the Central Government. Their
conditions of service will be primarily governed by the terms of their appointment but, if they are entitled to
the benefit of any of the rules of the Central Civil Services (Temporary Service) Rules 1965, they may make
representations in that behalf to the appropriate authorities. It is, however, not possible for this Court to
grant to the petitioners any of the reliefs claimed by them as arising out of the provisions of the aforesaid
rules, including the relief by way of a declaration that they shall be deemed to be in quasi- permanent service
under rule 3. We are further of the opinion that the petitioners have no right to be transferred to the services
of the Bhakra Management Board, now re-named as the Bhakra Beas Management Board. Lastly, the
proposed retrenchment of the petitioners does not offend against the guarantee of equality contained in
articles 14 and 16 of the Constitution, since the petitioners and the Deputationists belong to two different and
distinct classes.”
15.
As regards, second type of employees i.e. work charged employees the judgment deals in Para 41, 42, 43, 44,
45, 46 and 47 which read as follow:-
“41. A work-charged establishment broadly means an establishment of which the expenses, including the
wages and allowances of the staff, are chargeable to "works". The pay and allowances of employees who are
borne on a work-charged establishment are generally shown as a separate sub-head of the estimated cost of
the work.
42. The entire strength of labour employed for the purposes of the Beas Project was work-charged. The
work-charged employees are engaged on a temporary basis and their appointments are made for the
execution of a specified work. From the very nature of their employment, their services automatically come
to an end on the completion of the works for the sole purpose of which they are employed. They do not get
any relief under the Payment of Gratuity Act nor do they receive any retrenchment benefits or any benefits
under the Employees State Insurance Schemes.
43. But though the work-charged employees are denied these benefits, they are industrial workers and are
entitled to the benefits of the pro- visions contained in the Industrial Disputes Act. Their rights flow from
that special enactment under which even contracts of employment are open to adjustment9 and modification.
The work-charged employees, therefore, are in a better position than temporary servant like the other
petitioners who are liable to be thrown out of employment without any kind of compensatory benefits.
44. The record of Writ Petition No. 4505 of 1978 shows that offers of alternative employment were made to
the work- charged employees and many of them have accepted those offers. The rule of 'last come, first go'
has also been consistently adopted while retrenching the work-charged employees. In fact the work-charged
employees possess a unique right as industrial employees since, by reason of section 25J(1) of the Industrial
Disputes Act, the provisions of Chapter VA, "Lay-off and Retrenchment", have effect notwithstanding
anything inconsistent therewith contained in any other law including standing orders made under the
Industrial Employment (Standing orders) Act, 1946.
45. There were in all about 36000 work-charged employees working on the Beas Project. Out of them, about
26000 have already accepted retrenchment compensation under the settlement arrived between the workmen
and the management in the conciliation proceedings held by the Regional Labour Commissioner (Central),
New Delhi, under section 12 of the Industrial Disputes Act, 1947. All the 12 unions of which the work-
charged employees are members were parties to the said conciliation proceedings. By reason of section
4896
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
18(3)(d) of the Industrial Disputes Act, a settlement arrived at in the course of a conciliation proceeding is
binding on all persons who were employed in the establishment to which the dispute relates, whether they
were employed on the date of the dispute or subsequently. In Ramnagar Cane and Sugar Co. Ltd. v.
JatinChakravorty and ors., it was held by this Court that it is not even necessary, in order to bind the work
men to the settlement arrived at before the conciliator, to show that they belonged to the union which took
part in the conciliation proceedings, since the policy underlying section 18 of the Act is to give an extended
operation to such settlements. In the instant case, all the 12 unions which represented the workmen on the
work-charged establishment were parties to the conciliation proceedings. The settlement will therefore bind
all the work-charged employees.
46. Apart from the settlement in the conciliation proceedings, an award was made by the Industrial
Tribunal, Central, Chandigarh, in Reference No. 2-C of 1971, in an industrial dispute between the work-
charged employees of the Beas-Sutlej Link Project, Sundernagar, with which we are concerned, and the
management. Under that award, as stated in the award itself, a consent formula was evolved to which the
workmen "virtually agreed". The benefits which flow- to the work- charged employees under the aforesaid
award dated May 15, 1974, have been accepted by almost all the work- charged employees, involving a
burden of about Rs. 3 crores on the employers.
47. Since the work-charged employees are bound by the settlement dated June 28, 1977 effected between
them and the management in the conciliation proceedings and since they are also bound by and have
accepted benefits under the consent award dated May 15, 1974 they are not entitled to any rights apart from
those flowing from the aforesaid settlement and the Award. SLP No.1246 of 1979 which is filed to challenge
the Award and C.M.P. No.2077 of 1979 which is filed for condonation of the delay of over four and half
years caused in filing the SLP shall have to be dismissed.”
16.
Thus, from the above observation of Supreme Court it is clear that work charged employees are engaged on a
temporary basis and their appointments are made for the specified work and their service comes to an end on the
completion of work for the sole purpose of which they are employed.
17.
Para 43 provides that work charged employees are industrial worker and entitled to the benefit of the
provisions contained under the Industrial Disputes Act. Their rights flow from that special enactment under which
even contracts of employment are open to adjustment and modification. Para 45 as reproduced above further provides
that in the conciliation proceeding it has been held that there were about 36000 work charged employees working on
Beas Project out of them 26000 has already accepted retrenchment compensation under the settlement arrived
between the workmen and the management in the conciliation proceedings held by the Regional Labour
Commissioner(Central), New Delhi under Section 12 of the ID Act. The said settlement is binding on all the work
charge employees who are working in the establishment to which the dispute relates. In para 46 it is further stated that
apart from the settlement in the conciliation proceeding an award was made by the CGIT Chandigarh in reference
no.2-C in an industrial dispute between the work charged employee of the Beas Sutlej Project, Sundernagar with
which we are concerned and the management. A consent formula was evolved to which the workmen virtually agreed.
In the last para 47 itself specifically stated that work charged employees are bound by the settlement and award May
15, 1974 and they were entitled to rights those flowing from the settlement and award.
18.
So far as the settlement executed between the work charged employees and management through unions, the
same has not been produced by the management despite opportunity was given to file the same. Thus, adverse
interference can be drawn against them. To support this view, reliance can be placed to the judgment of Hon’ble
Punjab & Haryana High Court in case held as2001(3) RSJ 382 Ambika Parashad Versus Punjab Urban Planning
and Development Authority Chandigarh and Another wherein it has been held “that respondent has not
produced record in the Labour Court to prove that Workman has not completed 240 days of service though
application was submitted by the Workman for production of record held that a person in possession of the
best evidence has to produce the same, otherwise adverse inference can be drawn against the said party”. In
this case also as per order dated 01.05.2024 of this Tribunal. Respondent were asked to produce the settlement arrived
between the 12 union of the work charged employee and management under Section 12 of ID Act before the Regional
Labour Commissioner, New Delhi and all the work charged employee were bound by the said settlement. However,
despite of availing 2-3 opportunities i.e. 20.05.2024, 20.06.2024 and 09.07.2024 the said policy was not produced and
as such adverse inference can be drawn against the management in view of the above law.
19.
As regards award passed by Central Govt. Industrial Tribunal, Chandigarh, the relevant claim of the work
charged employees was regarding their regularization services and the finding given by the Tribunal is as follow:-
“Regulation of Services of the workcharged employees.
It is an un-disputed fact that the entire strength of labour as employed in the Project is workcharged. The
institution of workcharged establishment is not only necessary but sometime unavoidable. These workmen
are engaged on temporary basis and their services are utilized for the execution of a specified work for which
they may be suited. From the very nature of employment the services of such workman automatically come to
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4897
an end on the completion of the work. A workcharged employee does not get any relief under the Payment of
Gratuity Act nor is he benefitted by the employees state Insurance Scheme. He does not indeed enjoy any
retiral benefits. Before partition of the country in 1947 it was not usual to have project, construction of
which required a number of years to complete but after constituting ourselves into a democratic Republic
and the Government having taken in hand five year plans for development of the country there are various
schemes involving the construction of works for a period extending over several years as is the case of the
instant Project. It commenced in 1962 and more than 12 years having passed the completion might take
another few years. In such situation it seems reasonable and fair that a workman who has, like a regular
employee, spent the part of his life ranging from 5-10 years upto 20 year, should not be thrown on the road
and must be assured some benefits as are available to regular staff. The other aspect of the matter is that the
employer could not compelled to retain workcharged employees after the work for which the latter had been
engaged is completed, as after all, he was employed before a particular job and the employer, be it the
Government or any of its public undertakings, cannot taken upon itself the responsibility of that workman
for all time to come. It can be well argued that such a workmen should feel happy and content that instead of
remaining un-employed be got employment for a long time.
To assure Industrial peace and economic justice to such class of workmen some balance has in my opinion
to be stuck between the two extremes. It is the duty of the State under the Directive Principles enunciated in
part 4 of the constitution to secure and protect that social order in which justice, social and economic could
be had by all institutions of national life. I fell that it is equally the duty of an adjudicator of industrial
disputes charged with the duty of administering social justice to be guided by the fundamentals contained in
this chapter though he has to bear In mind the limits of the economic capacity of the employer and
Endeavour must have ever be made to secure work for every citizen do in our present economy. It is not
possible to immediately achieve that object. The workman employed by the respondent management are
drawn from different states out of which I am informed about 8/10 thousands are from Punjab about 22000
from Himachal Pradesh and the remaining from the states of Rajasthan and Haryana. Some of the workmen
are from U.P and Bihar and a handful from Kerala. The board hasby and large been consistently following
the Punjab pattern in the matter of wage structure, revision thereof from time to time and grant of dearness
allowance. It is only with regard to categories not appearing in the common Schedule of Rates prepared by
the erstwhile United State of Punjab that the board took its independence decisions on the recommendations
of its own standing committee.Even Himachal Pradesh Government generally followed the Punjab
policy.The state government of Punjab in its wisdom, and I should say rightly has declared that the services
of work charged employees in building and roads branch who had worked for 10 years or more would stand
regularized in the sense that the workmen would be treated at par with those in the regular service of the
state government.The benefit of this announcement was afterwards extended to the employees of its
irrigation branch as well at the workman who held from Punjab continue to stay in their parents state the
services of those who had put in 10 years or more would have been regularized the respondent management
too in pursuance of its policy to follow the Punjab pattern might have regularized the services of at least of
those workmen who had come from Punjab but any such course would have created awkward situation as
the workmen from other States could not be discriminated in this respect.Moreover financial implications
and other complications are involved.
In such circumstances stated aboveI would have directed that the services of those of the workman who have
been continuously employed for more than 10 years should be regularized. But the other problems arising
from such a direction including financial impact on the employer cannot be lost sight of The Central
Government through the board is only managing on behalf of the state of Punjab, Rajasthan Haryana and
Himachal Pradesh who are partners in the venture.Several aspects of the question were discussed with the
workmen and the management in the course of arguments and a formula evolved to which the workman
virtually agreed and I feel that such a solution as stated hereunder is quite just to all the parties provided it is
work out, honestly stated. No doubt,what is referred to me is the matter of regularization of the services of
work charge employees, but the directions that I am issuing in my opinion, amount to only granting lesser
relief than claimed by the workmen. The management can also have no grievance if it wants industrial peace
and is anxious to secure employment to the work-charged employees after the completion of the work. It is
accordingly, directed that at the time of completion of the Project or at any other time within six months
thereof for the maintenance staff for the Project or any of its Works if it is required to be recruited or
transferred from any department of the State Governments or of the Central Government, the offer shall first
be made to the work-charged employees in order of their seniority who have put in 10 years’ continuous
service or more under the Board in that category or trade where the vacancy occurs subject to the medical
fitness of such workmen. The scale of wages as applicable to the workmen will not, however, be disturbed to
their prejudice nor their continuity of service affected. The workmen have expressed an apprehension that
near the completion of the Project trades of some of them might be changed so that it could be said that a
suitable workman needed for a particular job was not available and an outsider was therefore necessary to be
employed. To protect the workmen against this possible denial of their rights it is further directed that
4898
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
category or trade of no workman shall be changed within one year preceding the completion of the Project
without his consent in writing and that if any such change without consent is made it will have no
consequence inasmuch as such a workman will be entitled to the job of his earlier trade provided the vacancy
relates to that trade. As regards those of the workmen who cannot be absorbed on the regular maintenance
staff. I have no reason to doubt that the State Government who are beneficiaries under the Project and also
the Central Government will make every reasonable effort to get them re-employed at any other Project or
work whether in any one of these States or in any other part of the country where there is a need for
workmen of those trades.”
20.
A perusal of aforesaid findings made it ample clear that the order has been passed by the then learned
Presiding Officer, CGIT, Chandigarh to maintain industrial peace and to secure employment to the work charged
employees after the completion of the work and it was also held by the learned CGIT that State Govt. who are
beneficiary under the project and the Central Govt. will make every reasonable effort to get those workmen re-
employed at any other project or work whether in any one of these States or in any other part of the country where
there is a need of workmen of those trades.
21.
Admittedly, in this case, no effort was made by the respondent to give any employment after the
retrenchment of the workmen and even there is non-compliance of Rules 77 and 78 of Industrial Rules. The same are
reproduced below:
77. Maintenance of seniority list of workmen. -The employer shall prepare a list of all workmen in the
particular category from which retrenchment is contemplated to be arranged according to the seniority of their
service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the
premises of the industrial establishment at least seven days before the actual date of retrenchment.
78. Re-employment of retrenched workmen. - (1) At least ten days before the date on which vacancies are to
be filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of
the industrial establishment details of those vacancies and shall also give intimation of those vacancies by
registered post to every one of all the retrenched workmen eligible to be considered therefor, to the address
given by him at the time of retrenchment or at any time thereafter:
Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be
sufficient if intimation is given by the employer individually to the senior-most retrenched workmen in the list
referred to in rule 77 the number of such senior-most workmen being double the number of such vacancies:
Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on
the employer to send intimation of such vacancy to individual retrenched workmen:
Provided also that if a retrenched workman, without sufficient cause being shown in writing to the employer,
does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the
employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any
subsequent occasion.]
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade
unions connected with the industrial establishment, of the number of vacancies to be filled and names of the
retrenched workmen to whom intimation has been sent under that sub-rule:
Provided that the provisions of this sub-rule need not be complied with by the employer in any case where an
intimation is sent to every one of the workmen mentioned in the list prepared under rule 77.
22.
However, the present work charged employee and other work-charged employees have been retrenched long
back and even at the stage it is impossible to re-employe them. However, certainly in respect of workcharged
employees present Respondent was directed by the Hon’ble Supreme Court in Judgment of Jaswant Singh (Supra) to
give benefits in terms of settlement and award dated 15.05.1974. The main purpose of Hon’ble Supreme Court and
Ld. CGIT Chandigarh was to rehabilitate to some extent the work charged employees and restore peace and congenial
atmosphere that is why Ld. CGIT Chandigarh had given directions to all state to re-employe them. Thus, it does not
lie in the mouth of present Respondent that no relief can be granted against present Respondent as petitioners are not
their employees.
A.
So far as this argument of Ld. AR of the management that those work charged employees only who have
completed 10 years of service were required to be adjusted within 6 months from their retrenchment is concerned, the
same is devoid of merit as no effort was made by the management to adjust the work charged employees. Moreover,
no documentary evidence has been produced that any effort was made to adjust the workman after his retrenchment.
Further, Ld. CGIT Chandigarh in its last lines concluded as under:-
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4899
“As regards those of the workmen who cannot be absorbed on the regular maintenance staff. I have no
reason to doubt that the State Government who are beneficiaries under the Project and also the Central
Government will make every reasonable effort to get them re-employed at any other Project or work whether
in any one of these states or in any other part of the country where there is a need of workmen of those
trades”
Nothing has come on record that above directions were complied with.
23.
Moreover, in the absence of production of settlement between work charged employees and management, it
cannot be interfered what were the terms and conditions in the said settlement. Further, CGIT Chandigarh has fixed
ten years time and accrual of vacancy within six months keeping in view the facts and circumstances of the case and
has evolved his own formula to bring peace and harmony between work charged employees and management but it
cannot be said to be a universal policy in the absence of production of settlement between work charged employees
and management. However, no effort was made to adjust the petitioners in view of order of CGIT.
24.
As regard, this contention of learned AR of management that petitioners were not the employees of the
BBMB but were the employees of BCB, the same is devoid of merit as Discharge certificate was issued by the
BBMB. Moreover, as per respondent Beas Control Board was constituted in the year 1960. BCB was constituted in
the year 1966 and all the projects were transferred from Beas Control Board to BCB in the year 1966 thereafter as per
Section 79 of the Punjab Re-organisation Act, BMB was constituted for administrative, maintenance and operation of
various works as mentioned in Section 79 itself. Section 80(6) of the Punjab Re-organisation Act provides that BMB
constituted under Section 79 of the Act shall be re-named as BBMB when any of the components of the Beas Project
has been transferred under sub-section 5 and the BCB shall cease to exist when all the component of the Beas Project
have been so transferred. All the projects under BCB were completed in the year 1984 and BCB ceased to exist in
1984. When all work of BCB stands transferred to BBMB so it cannot be said that BBMB is separate identity than
BCB. Rather BCB has merged in BBMB. Moreover, Hon'ble Supreme Court in Jaswant Singh case(supra) in respect
of work charged employees has no where stated that relief can be sought by work charged employees only against the
BCB. So contention of Ld. AR of the management that BCB and BBMB are two separate entities is devoid of merit.
25.
So far this argument of Law Officer for the respondent that the case is hopelessly time barred is concerned,
the same is again devoid of merits as there was non-compliance of Rule 77 and 78 of Industrial Rules which has been
reproduced above. Moreover, there is no limitation period prescribed for filing a reference. Moreover, reference was
received in the year 2005 and thereafter, several rounds of litigations have taken place. So far as case laws on the
point of limitation the same are not attracted in the present case as there was no compliance of Judgment of Jaswant
Singh case (Supra).
26.
However, it is added that workman was allowed terminal benefits as admitted by him. Moreover, it is also
not case of the petitioner that there is breach of Section 25 F of the Act.
27.
Further, there was non-compliance of Jaswant Singh Case (Supra), Reference No.2C of 1971 and Rule 77 &
78 of Industrial Rules and in this case it would be highly difficult to re-employe the workman. The only remedy left is
to compensate the workman in term of money.
28.
Keeping in view the fact and circumstances of the present case and other connected case of similar nature the
following scheme of compensation is deemed fit by this Tribunal:
i.
Work charged employee who has completed 5 years of service shall be entitled for Rs.50,000/- along with
interest @9% per annum as compensation from the date of moving of application till the realization of amount.
ii.
Work charged employee who has completed less than 5 years but more than 1 year would be entitled
Rs.25,000/- along with interest @9% per annum from the date of moving of application till the realization of amount.
iii.
Those employees who have not completed 1 year will not be entitled for any compensation in the present
case.
The present work charged workman was employed on 03.03.1964 and was discharged on 30.03.1984 as per discharge
certificate W2. He has worked about 20 years. Thus he is entitled of Rs.50,000/- along with interest @9% per annum
from the date of moving the application till its realization.
29.
The reference is answered accordingly and stands disposed off.
30.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT, Presiding Officer
4900
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
नई दिल्ली, 26 जसतम् बर, 2024
का.आ. 2086.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh; ljdkj
बी. बी. एम. बी. ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
नंबर II चंडीगढ़ ds iapkV (
/
)
dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. ,y &23012/17/2004-vkbZ-vkj- (सी.एम-II)]
मजणकंिन.एन, उृ जनिेिक
New Delhi, the 26th September, 2024
S.O. 2086.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 254/2005) of the Central Government Industrial Tribunal-
cum-Labour Court No. 2, Chandigarh as shown in the Annexure, in the industrial dispute between the
Management of BBMB and their workmen, received by the Central Government on 29/08/2024.
[No. L-23012/17/2004 – IR (CM-II)]
MANIKANDAN. N, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH.
Present: Mr. Kamal Kant, Presiding Officer.
ID No. 254 /2005
Registered on:- 10.08.2005
Chet Ram S/o Sh. Bhura Ram workmen represented through his legal heirs as under:
i.
Krishna Devi W/o Late Sh. Chet Ram.
ii.
Hukmi Devi D/o Late Sh. Chet Ram.
iii.
Lajwanti D/o Late Sh. Chet Ram.
iv.
Dhanwanti D/o Late Sh. Chet Ram.
v.
Vishal Bharadwaj Grandson of Late Sh. Chet Ram.
All residents of Village Troh, Tehsil. Balh, District Mandi, (H.P.).
….……....Workman
Versus
1. Bhakra Beas management Board, Madhya Marg, Sector 19-B, Chandigarh through its Chairman.
2. The Chief Engineer, BSL Project Sundernagar Township, Distt. Mandi, (HP).
…..Respondents/Managements
AWARD
Passed on:19.07.2024
Central Government vide Notification No.L-23012/17/2004-IR(CM-II), dated 07.07.2005, under clause (d) of
sub-section (1) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the Act), has referred the
following Industrial dispute for adjudication to this Tribunal:-
“Whether the demand of Shri Chet Ram for reinstatement in the services of BBMB, Sunder Nagar is
legal and justified? If so, to what relief the concerned workman is entitled and from which date?
1.
At the very outset it is pertinent to mention here that Chet Ram expired on 12.08.2023, during the pendency
of reference and his LRs were impleaded as party in his place.
2.
The brief facts, related to the case are that the construction of Beas Sutluj Link Project{hereinafter called as
BSL(P)} started in the year 1962 under Beas Control Board, which was constituted on 10.02.1961 with its
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4901
headquarter at Sundernagar and this project was under the control of Centre Government, who had been constructing,
maintaining, operating and administrating it through various Boards in different phases. After passing of Pb. Re-
Organisation Act, 1966(hereinafter called “Re-Organisation Act”) Beas Control Board was replaced by Beas
Construction Board(hereinafter called as BCB). The workman was employed by BCB on 26.11.1969. The workman
who was employed in Beas Project(Unit-1) become the employee of Bhakra Beas Management Board(hereinafter
called as BBMB) in pursuance of proviso (1) of Section 80(3) and Section 80(5) of Re-organisation Act and the
workman become the employee of the Centre Government under the management of B.B.M.B. from 15.05.1976. The
workman has completed 240 days in every calendar year and was not interrupted till his retrenchment. The employer
made a bulk retrenchment of project employees in the year 1977 and 1978 and also in stages thereafter till 1984. The
workman was also retrenched by the employer on 25.10.1975 on account of reduction in strength due to part
completion of the BSL(P) and re-employment certificate was issued by the office of re-settlement B.S.L/B.B.M.B.
Sundernagar for the re-employment of the retrenched workmen of B.S.L.(P)(BBMB) in accordance with provision of
the Act. After the retrenchment of the workman, thousands of other persons were appointed secretly by employer,
violating Section 25-G and Section 25-H of the I.D. Act, 1947. The employer is also doing unfair labour practices as
defined in Section 2(R)A of the ID Act. Management has also violated the provisions of Rules 77 and 78 of Industrial
Dispute(Central) Rule, 1957(hereinafter called “The Industrial Rules”). By filling vacant posts, the employer declared
some posts as surplus and retrenched the employees working on those posts.
3.
It is also maintained that the present workman and other workmen have filed a Civil Writ Petition
No.403/1996, titled as Sant Ram and 87 others Vs. BBMB in the Hon’ble High Court of Shimla for their re-
employment and in the said writ petition management filed reply dated 16.04.1996 by way of affidavit and admitted
that retrenched workmen are employee of BBMB. The workmen have then withdrew the writ petition and filed civil
suits for declaring them as a retrenched workmen of BBMB before the Sub-Judge, 1st Class, Sunder Nagar, Distt.
Mandi(HP), on 21.01.1997 and later on those suits were decided on 05.07.2002 and all plaints were returned to the
workmen to be filed before the competent authority on the basis of which the present proceedings were initiated after
referring of the dispute of workman from the Ministry of Labour on 07.07.2005. Thereafter, management filed writ
petition before the Hon’ble Punjab & Haryana High Court against the order of Ministry on 07.07.2005 and the same
was dismissed on 07.05.2007 and Special Leave Petition filed bearing nos.16939-17007 of 2007 in Hon’ble Supreme
Court of India by the management was also dismissed on 08.07.2014. It is therefore, prayed that the claim petition of
the workman may kindly be allowed and workman be continued in the service of the management and be regularized
and further be given all the consequential benefits.
4.
Management filed written statement, alleging therein that workman is Ex-work charged employee of Beas
Construction Board, which was constituted under Section 80(1) of the Re-organisation Act. The workman was
retrenched after completion of the work of BCB in the year 1975. The workman was paid terminal benefits i.e.
retrenchment compensation, gratuity, ex-gratia amount on account of his retrenchment from BCB as per provisions of
ID Act. It is further maintained that BCB and present management are two distinct and separate entities. It is also
maintained that construction of Beas Project was undertaken by the Punjab Govt. Irrigation Department prior to the
re-organisation of the erstwhile State of Punjab on 01.01.1966. After re-organisation the work of BSL(P) was taken
over by the Central Govt. on behalf of partner states of Punjab, Haryana and Rajasthan. The Central Govt. constituted
BCB under Section 80(5) of the Re-organisation Act and further stipulated that any component of Beas Project in
relation to which the construction has been completed be transferred by the Central Govt. to Bhakra Management
Board(hereinafter called as BMB) constituted under Section 79(1) of the Re-organisation Act. It is further stated
under Section 80(5) of the Re-organisation Act that BMB would be re-named as BBMB when any component of Beas
Project was transferred under Section 80(6) of the Re-organisation Act. The workman was employed by the BCB.
Thus, the workman never remained the employee of management. However, it is stated that 1093 work-charged and
12 contingent paid employees of Beas Project were sent on job order basis to Ranjit Sagar Dam, Punjab. They were
taken over by the management under the benevolent policy of the Central Govt. as Central Govt. had given directions
to BBMB to absorb these employees. The remaining work-charged employees were not entitled for the said benefit.
Even work-charged employees of the BCB had filed a petition in the Hon’ble Supreme Court of India, titled as
Jaswant Singh and another Vs. Union of India & Anr., 1979 SCC 440, in which their claim for absorbing them in
BBMB is not granted instead their retrenchment from BCB was upheld. Remaining averments have been denied and
it is stated that the claim of the workman is hopelessly time barred and the workman has no legal enforceable right to
claim employment in BBMB. It is prayed that claim be dismiss.
5.
A replication was also filed by workman contravening the facts taken in written statement as reiterating the
facts as stated in claim petition.
6.
Parties were given opportunity to lead evidence.
7.
The workman Chet Ram has examined himself as WW1 and filed his affidavit in evidence as Ex.WW1/A.
8.
Moreover, no evidence has been given by the management in this case. Vide order dated 03.03.2021 the then
Presiding Officer, A.K. Singh fixed the case for filing written arguments and the case remained pending for
arguments. Even no evidence has been led by the management in this case.
4902
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
9.
While arguing the case, learned Law Officer for the management contended that initially Beas Control
Board was constituted in the year 1960. BCB was constituted in the year 1966 and all the projects were transferred
from Beas Control Board to BCB in the year 1966 thereafter as per Section 79 of the Punjab Re-organisation Act,
BMB was constituted for administrative, maintenance and operation of various works as mentioned in Section 79
itself. Section 80(6) of the Punjab Re-organisation Act provides that BMB constituted under Section 79 of the Act
shall be re-named as BBMB when any of the components of the Beas Project has been transferred under sub-section 5
and the BCB shall cease to exist when all the component of the Beas Project have been so transferred. All the projects
under BCB were completed in the year 1984 and BCB ceased to exist in 1984. Present workman was employed as
work charged employee 26.11.1969 and was retrenched on 25.10.1975. All similar work charged employees
including the present workman was engaged by the BCB which ceased to exist in the year 1984 therefore, the
workmen cannot be termed as the employees of the BBMB because there does not exist BCB which was his parent
department. Moreover, the Hon’ble Supreme Court in the case titled as Jaswant Singh and another Vs. Union of
India & Anr., 1979 SCC 440 has held that work charged employees were bound by the settlement dated June 28,
1977 effected by the management and also by the award 2-C of the year 1971 before Sh. H.R. Sodhi, Presiding
Officer, CGIT-Chandigarh between workman and employees of the Beas Construction Board, Sunder Nagar and
published in the gazette on 15.06.1974 of the Govt. of India.
10.
So far as the claim of the workman regarding re-employment after retrenchment on 25.10.1975 is
concerned, workman was not entitled for re-instatement as in a case under reference no.2-C of 1971 decided by
Sh. H.R. Sodhi, the then Presiding Officer, CGIT-Chandigarh, it was held that management in order to establish an
industrial pleas and to secure the work charge employees after completing the work can engage after completion of
project at any time within 6 months for the maintenance of staff for project of any work if it is required to those work
charged employees in order to seniority who have put 10 years of service. The relevant portion of para is reproduced
as below:
“It is accordingly, directed that at the time of completion of the Project or at any other time within six months
thereof for the maintenance staff for the Project or any of its Works if it is required to be recruited or transferred
from any department of the State Governments or of the Central Government, the offer shall first be made to the
work-charged employees in order of their seniority who have put in 10 years’ continuous service or more under the
Board in that category or trade where the vacancy occurs subject to the medical fitness of such workmen. The
scale of wages as applicable to the workmen will not, however, be disturbed to their prejudice nor their continuity
of service affected.“
11.
Because the present workman had not completed 10 years of service so he is not entitled for re-
employment. Learned representative for the management further contended that in this case workman was retrenched
on 25.10.1975 after receiving due retrenchment compensation etc. and now he is claiming re-employment under
Section 25-H of the Act and his claim is hopelessly time barred as he has filed the present claim petition on
20.07.2005. To support this view he has placed reliance in the case titled as Chief Engineer Ranjit Sagar Dam &
Anr. Vs. Sham Lal, AIR 2006, Supreme Court 2682, wherein in identical matters Court has not entertained writ
petition due to inordinate delay. In the present case there is a delay of about 27 years. He also relied upon the case
titled as Ram Chand Vs. The BBMB and another, CWP no.2787 of 2018, decided on 03.12.2018(Annexure R-4)
where the Hon’ble Himachal Pradesh High Court has held that dispute if any ought to be raised within a reasonable
period as the ID Act does not prescribed time limit for referring such dispute. In the present case workman was
engaged as Beldar in the year 1969 and was discharged on 25.10.1975 and he has sought re-employment after 36
years which was held to be highly time barred. Thus, he contended that claim of workman is time barred. Workman
was discharged on 25.10.1975 and thereafter he filed present claim before the Labour Conciliation Officer on
30.11.2005.
12.
While arguing the case, learned AR for the workman contended that in this case workman was discharged on
25.10.1975 due to reduction in strength and he was issued discharge certificate by Sub Divisional Officer, BBMB
Sundernagar. He referred to Section 25-H of the ID Act which provides re-employment of retrenched workman. He
further has drawn the attention of the Court towards the statement of the workman. He was required to be adjust in
view of under Section 25-G of the Act by the management Discharge Certificate was issued by the Management. He
was not given any employment. While arguing further, learned AR for the workman referred to Rule 77 and 78 of the
Industrial Dispute Central Rule 1957(hereinafter called Industrial Rule). Rule 77 provides maintenance of seniority
list of workman and it states that before any worker is retrenched the appellant-establishment is required to place on
the notice board the seniority list of all the workmen who were to be retrenched but nothing has been done in this
regard before retrenchment of the present worker. She also referred to Rule 78 which provides that as and when any
vacancy incurred then retrenched workmen were required to be given registered notice but nothing was done by the
management. Moreover, question of limitation does not arise as no limitation period has been prescribed under the
Act for seeking relief under Clause (d) of Sub-Section (1) of Section 10 of the ID Act. Learned AR for the workman
further contended that even reference made by the Government dated 07.07.2005 was challenged by the management
in the Hon’ble Punjab & Haryana High Court vide Writ Petition No.3100 of 2006 and their writ petition was
dismissed by the Hon’ble High Court on 07.05.2007. Even SLP filed against the order dated 07.05.2007 was upheld
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4903
by the Hon’ble Supreme Court in SLP No.16979/2007 dated 08.07.2014.
13.
I have given due consideration to the arguments advanced by the learned AR for the workman and also for
the management.
14.
The management relied upon mainly in this case on the case titled as Jaswant Singh and another(supra),
which is very material for decision of this case. The said judgment deals with two types of petitioners. First type of
petitioners were employed by the BCB on purely temporary basis and they had also given written undertaking
confirming the term of their appointment. The BCB appointed the first type of petitioners on ad hoc basis with a clear
understanding that they will have no right to be retained in service after the completion of the Beas Project. They are
Engineers, Section Officer, Accounts Clerk, Teacher etc. and they have claimed their parity with other employees
who belonged to the services of the Punjab, Haryana and Rajasthan Governments and who were serving on deputation
in connection with the works of the BhakraNangal Scheme.
15.
In respect of these employees, it was held as follow:-
“To sum up, we are of the opinion that the petitioners are employees of the Central Government. Their conditions
of service will be primarily governed by the terms of their appointment but, if they are entitled to the benefit of any
of the rules of the Central Civil Services (Temporary Service) Rules 1965, they may make representations in that
behalf to the appropriate authorities. It is, however, not possible for this Court to grant to the petitioners any of the
reliefs claimed by them as arising out of the provisions of the aforesaid rules, including the relief by way of a
declaration that they shall be deemed to be in quasi- permanent service under rule 3. We are further of the opinion
that the petitioners have no right to be transferred to the services of the Bhakra Management Board, now re-
named as the Bhakra Beas Management Board. Lastly, the proposed retrenchment of the petitioners does not
offend against the guarantee of equality contained in articles 14 and 16 of the Constitution, since the petitioners
and the Deputationists belong to two different and distinct classes.”
16.
As regards, second type of employees i.e. work charged employees the judgment deals in Para 41, 42, 43, 44,
45, 46 and 47 which read as follow:-
“41. A work-charged establishment broadly means an establishment of which the expenses, including the wages
and allowances of the staff, are chargeable to "works". The pay and allowances of employees who are borne on a
work-charged establishment are generally shown as a separate sub-head of the estimated cost of the work.
42. The entire strength of labour employed for the purposes of the Beas Project was work-charged. The work-
charged employees are engaged on a temporary basis and their appointments are made for the execution of a
specified work. From the very nature of their employment, their services automatically come to an end on the
completion of the works for the sole purpose of which they are employed. They do not get any relief under the
Payment of Gratuity Act nor do they receive any retrenchment benefits or any benefits under the Employees State
Insurance Schemes.
43. But though the work-charged employees are denied these benefits, they are industrial workers and are entitled
to the benefits of the pro- visions contained in the Industrial Disputes Act. Their rights flow from that special
enactment under which even contracts of employment are open to adjustment9 and modification. The work-
charged employees, therefore, are in a better position than temporary servant like the other petitioners who are
liable to be thrown out of employment without any kind of compensatory benefits.
44. The record of Writ Petition No. 4505 of 1978 shows that offers of alternative employment were made to the
work- charged employees and many of them have accepted those offers. The rule of 'last come, first go' has also
been consistently adopted while retrenching the work-charged employees. In fact the work-charged employees
possess a unique right as industrial employees since, by reason of section 25J(1) of the Industrial Disputes Act, the
provisions of Chapter VA, "Lay-off and Retrenchment", have effect notwithstanding anything inconsistent
therewith contained in any other law including standing orders made under the Industrial Employment (Standing
orders) Act, 1946.
45. There were in all about 36000 work-charged employees working on the Beas Project. Out of them, about
26000 have already accepted retrenchment compensation under the settlement arrived between the workmen and
the management in the conciliation proceedings held by the Regional Labour Commissioner (Central), New Delhi,
under section 12 of the Industrial Disputes Act, 1947. All the 12 unions of which the work-charged employees are
members were parties to the said conciliation proceedings. By reason of section 18(3)(d) of the Industrial Disputes
Act, a settlement arrived at in the course of a conciliation proceeding is binding on all persons who were employed
in the establishment to which the dispute relates, whether they were employed on the date of the dispute or
subsequently. In Ramnagar Cane and Sugar Co. Ltd. v. JatinChakravorty and ors., it was held by this Court that it
is not even necessary, in order to bind the work men to the settlement arrived at before the conciliator, to show that
they belonged to the union which took part in the conciliation proceedings, since the policy underlying section 18
of the Act is to give an extended operation to such settlements. In the instant case, all the 12 unions which
4904
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
represented the workmen on the work-charged establishment were parties to the conciliation proceedings. The
settlement will therefore bind all the work-charged employees.
46. Apart from the settlement in the conciliation proceedings, an award was made by the Industrial Tribunal,
Central, Chandigarh, in Reference No. 2-C of 1971, in an industrial dispute between the work-charged employees
of the Beas-Sutlej Link Project, Sundernagar, with which we are concerned, and the management. Under that
award, as stated in the award itself, a consent formula was evolved to which the workmen "virtually agreed". The
benefits which flow- to the work- charged employees under the aforesaid award dated May 15, 1974, have been
accepted by almost all the work- charged employees, involving a burden of about Rs. 3 crores on the employers.
47. Since the work-charged employees are bound by the settlement dated June 28, 1977 effected between them
and the management in the conciliation proceedings and since they are also bound by and have accepted benefits
under the consent award dated May 15, 1974 they are not entitled to any rights apart from those flowing from the
aforesaid settlement and the Award. SLP No.1246 of 1979 which is filed to challenge the Award and C.M.P.
No.2077 of 1979 which is filed for condonation of the delay of over four and half years caused in filing the SLP
shall have to be dismissed.”
17.
Thus, from the above observation of Supreme Court it is clear that work charged employees are engaged on a
temporary basis and their appointments are made for the specified work and their service comes to an end on the
completion of work for the sole purpose of which they are employed.
18.
Para 43 provides that work charged employees are industrial worker and entitled to the benefit of the
provisions contained under the Industrial Disputes Act. Their rights flow from that special enactment under which
even contracts of employment are open to adjustment and modification. Para 45 as reproduced above further provides
that in the conciliation proceeding it has been held that there were about 36000 work charged employees working on
Beas Project out of them 26000 has already accepted retrenchment compensation under the settlement arrived
between the workmen and the management in the conciliation proceedings held by the Regional Labour
Commissioner(Central), New Delhi under Section 12 of the ID Act. The said settlement is binding on all the work
charge employees who are working in the establishment to which the dispute relates. In para 46 it is further stated that
apart from the settlement in the conciliation proceeding an award was made by the CGIT Chandigarh in reference
no.2-C in an industrial dispute between the work charged employee of the Beas Sutlej Project, Sundernagar with
which we are concerned and the management. A consent formula was evolved to which the workmen virtually agreed.
In the last para 47 itself specifically stated that work charged employees are bound by the settlement and award May
15, 1974 and they were entitled to rights those flowing from the settlement and award.
19.
So far as the settlement executed between the work charged employees and management through unions, the
same has not been produced by the management despite opportunity was given to file the same. Thus, adverse
interference can be drawn against them. To support this view, reliance can be placed to the judgment of Hon’ble
Punjab & Haryana High Court in case held as2001(3) RSJ 382 Ambika Parashad Versus Punjab Urban Planning
and Development Authority Chandigarh and Another wherein it has been held “that respondent has not
produced record in the Labour Court to prove that Workman has not completed 240 days of service though
application was submitted by the Workman for production of record held that a person in possession of the
best evidence has to produce the same, otherwise adverse inference can be drawn against the said party”. In
this case also as per order dated 01.05.2024 of this Tribunal. Respondent were asked to produce the settlement arrived
between the 12 union of the work charged employee and management under Section 12 of ID Act before the Regional
Labour Commissioner, New Delhi and all the work charged employee were bound by the said settlement. However,
despite of availing 2-3 opportunities i.e. 20.05.2024, 20.06.2024 and 09.07.2024 the said policy was not produced and
as such adverse inference can be drawn against the management in view of the above law.
20.
As regards award passed by Central Govt. Industrial Tribunal, Chandigarh, the relevant claim of the work
charged employees was regarding their regularization services and the finding given by the Tribunal is as follow:-
“Regulation of Services of the workcharged employees.
It is an un-disputed fact that the entire strength of labour as employed in the Project is workcharged. The
institution of workcharged establishment is not only necessary but sometime unavoidable. These workmen are
engaged on temporary basis and their services are utilized for the execution of a specified work for which they may
be suited. From the very nature of employment the services of such workman automatically come to an end on the
completion of the work. A workcharged employee does not get any relief under the Payment of Gratuity Act nor is
he benefitted by the employees state Insurance Scheme. He does not indeed enjoy any retiral benefits. Before
partition of the country in 1947 it was not usual to have project, construction of which required a number of years
to complete but after constituting ourselves into a democratic Republic and the Government having taken in hand
five year plans for development of the country there are various schemes involving the construction of works for a
period extending over several years as is the case of the instant Project. It commenced in 1962 and more than 12
years having passed the completion might take another few years. In such situation it seems reasonable and fair
that a workman who has, like a regular employee, spent the part of his life ranging from 5-10 years upto 20 year,
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4905
should not be thrown on the road and must be assured some benefits as are available to regular staff. The other
aspect of the matter is that the employer could not compelled to retain workcharged employees after the work for
which the latter had been engaged is completed, as after all, he was employed before a particular job and the
employer, be it the Government or any of its public undertakings, cannot taken upon itself the responsibility of that
workman for all time to come. It can be well argued that such a workmen should feel happy and content that
instead of remaining un-employed be got employment for a long time.
To assure Industrial peace and economic justice to such class of workmen some balance has in my opinion to be
stuck between the two extremes. It is the duty of the State under the Directive Principles enunciated in part 4 of the
constitution to secure and protect that social order in which justice, social and economic could be had by all
institutions of national life. I fell that it is equally the duty of an adjudicator of industrial disputes charged with the
duty of administering social justice to be guided by the fundamentals contained in this chapter though he has to
bear In mind the limits of the economic capacity of the employer and Endeavour must have ever be made to secure
work for every citizen do in our present economy. It is not possible to immediately achieve that object. The
workman employed by the respondent management are drawn from different states out of which I am informed
about 8/10 thousands are from Punjab about 22000 from Himachal Pradesh and the remaining from the states of
Rajasthan and Haryana. Some of the workmen are from U.P and Bihar and a handful from Kerala. The board
hasby and large been consistently following the Punjab pattern in the matter of wage structure, revision thereof
from time to time and grant of dearness allowance. It is only with regard to categories not appearing in the
common Schedule of Rates prepared by the erstwhile United State of Punjab that the board took its independence
decisions on the recommendations of its own standing committee.Even Himachal Pradesh Government generally
followed the Punjab policy.The state government of Punjab in its wisdom, and I should say rightly has declared
that the services of work charged employees in building and roads branch who had worked for 10 years or more
would stand regularized in the sense that the workmen would be treated at par with those in the regular service of
the state government.The benefit of this announcement was afterwards extended to the employees of its irrigation
branch as well at the workman who held from Punjab continue to stay in their parents state the services of those
who had put in 10 years or more would have been regularized the respondent management too in pursuance of its
policy to follow the Punjab pattern might have regularized the services of at least of those workmen who had come
from Punjab but any such course would have created awkward situation as the workmen from other States could
not be discriminated in this respect.Moreover financial implications and other complications are involved.
In such circumstances stated aboveI would have directed that the services of those of the workman who have been
continuously employed for more than 10 years should be regularized. But the other problems arising from such a
direction including financial impact on the employer cannot be lost sight of The Central Government through the
board is only managing on behalf of the state of Punjab, Rajasthan Haryana and Himachal Pradesh who are
partners in the venture.Several aspects of the question were discussed with the workmen and the management in
the course of arguments and a formula evolved to which the workman virtually agreed and I feel that such a
solution as stated hereunder is quite just to all the parties provided it is work out, honestly stated. No doubt,what is
referred to me is the matter of regularization of the services of work charge employees, but the directions that I am
issuing in my opinion, amount to only granting lesser relief than claimed by the workmen. The management can
also have no grievance if it wants industrial peace and is anxious to secure employment to the work-charged
employees after the completion of the work. It is accordingly, directed that at the time of completion of the Project
or at any other time within six months thereof for the maintenance staff for the Project or any of its Works if it is
required to be recruited or transferred from any department of the State Governments or of the Central
Government, the offer shall first be made to the work-charged employees in order of their seniority who have put
in 10 years’ continuous service or more under the Board in that category or trade where the vacancy occurs
subject to the medical fitness of such workmen. The scale of wages as applicable to the workmen will not, however,
be disturbed to their prejudice nor their continuity of service affected. The workmen have expressed an
apprehension that near the completion of the Project trades of some of them might be changed so that it could be
said that a suitable workman needed for a particular job was not available and an outsider was therefore necessary
to be employed. To protect the workmen against this possible denial of their rights it is further directed that
category or trade of no workman shall be changed within one year preceding the completion of the Project without
his consent in writing and that if any such change without consent is made it will have no consequence inasmuch
as such a workman will be entitled to the job of his earlier trade provided the vacancy relates to that trade. As
regards those of the workmen who cannot be absorbed on the regular maintenance staff. I have no reason to doubt
that the State Government who are beneficiaries under the Project and also the Central Government will make
every reasonable effort to get them re-employed at any other Project or work whether in any one of these States or
in any other part of the country where there is a need for workmen of those trades.”
21.
A perusal of aforesaid findings made it ample clear that the order has been passed by the then learned
Presiding Officer, CGIT, Chandigarh to maintain industrial peace and to secure employment to the work charged
employees after the completion of the work and it was also held by the learned CGIT thatState Govt. who are
beneficiary under the project and the Central Govt. will make every reasonable effort to get those workmen re-
4906
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
employed at any other project or work whether in any one of these States or in any other part of the country where
there is a need of workmen of those trades.
22.
Admittedly, in this case, no effort was made by the respondent to give any employment after the
retrenchment of the workmen and even there is non-compliance of Rules 77 and 78 of Industrial Rules. The same are
reproduced below:
77. Maintenance of seniority list of workmen. -The employer shall prepare a list of all workmen in the particular
category from which retrenchment is contemplated to be arranged according to the seniority of their service in that
category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the
industrial establishment at least seven days before the actual date of retrenchment.
78. Re-employment of retrenched workmen. - (1) At least ten days before the date on which vacancies are to be
filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of the
industrial establishment details of those vacancies and shall also give intimation of those vacancies by registered post
to every one of all the retrenched workmen eligible to be considered therefor, to the address given by him at the time
of retrenchment or at any time thereafter:
Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be
sufficient if intimation is given by the employer individually to the senior-most retrenched workmen in the list referred
to in rule 77 the number of such senior-most workmen being double the number of such vacancies:
Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on the
employer to send intimation of such vacancy to individual retrenched workmen:
Provided also that if a retrenched workman, without sufficient cause being shown in writing to the employer, does not
offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this
sub-rule, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion.]
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions
connected with the industrial establishment, of the number of vacancies to be filled and names of the retrenched
workmen to whom intimation has been sent under that sub-rule:
Provided that the provisions of this sub-rule need not be complied with by the employer in any case where an
intimation is sent to every one of the workmen mentioned in the list prepared under rule 77.
23.
However, the present work charged employee and other work-charged employees have been retrenched long
back and even at the stage it is impossible to re-employe them. However, certainly in respect of workcharged
employees present Respondent was directed by the Hon’ble Supreme Court in Judgment of Jaswant Singh (Supra) to
give benefits in terms of settlement and award dated 15.05.1974. The main purpose of Hon’ble Supreme Court and
Ld. CGIT Chandigarh was to rehabilitate to some extent the work charged employees and restore peace and congenial
atmosphere that is why Ld. CGIT Chandigarh had given directions to all state to re-employe them. Thus, it does not
lie in the mouth of present Respondent that no relief can be granted against present Respondent as petitioners are not
their employees.
A.
So far as this argument of Ld. AR of the management that those work charged employees only who have
completed 10 years of service were required to be adjusted within 6 months from their retrenchment is concerned, the
same is devoid of merit as no effort was made by the management to adjust the work charged employees. Moreover,
no documentary evidence has been produced that any effort was made to adjust the workman after his retrenchment.
Further, Ld. CGIT Chandigarh in its last lines concluded as under:-
“As regards those of the workmen who cannot be absorbed on the regular maintenance staff. I have no reason to
doubt that the State Government who are beneficiaries under the Project and also the Central Government will
make every reasonable effort to get them re-employed at any other Project or work whether in any one of these
states or in any other part of the country where there is a need of workmen of those trades”
Nothing has come on record that above directions were complied with.
24.
Moreover, in the absence of production of settlement between work charged employees and management, it
cannot be interfered what were the terms and conditions in the said settlement. Further, CGIT Chandigarh has fixed
ten years time and accrual of vacancy within six months keeping in view the facts and circumstances of the case and
has evolved his own formula to bring peace and harmony between work charged employees and management but it
cannot be said to be a universal policy in the absence of production of settlement between work charged employees
and management. However, no effort was made to adjust the petitioners in view of order of CGIT.
25.
As regard, this contention of learned AR of management that petitioners were not the employees of the
BBMB but were the employees of BCB, the same is devoid of merit as Discharge certificate was issued by the
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4907
BBMB. Moreover, as per respondent Beas Control Board was constituted in the year 1960. BCB was constituted in
the year 1966 and all the projects were transferred from Beas Control Board to BCB in the year 1966 thereafter as per
Section 79 of the Punjab Re-organisation Act, BMB was constituted for administrative, maintenance and operation of
various works as mentioned in Section 79 itself. Section 80(6) of the Punjab Re-organisation Act provides that BMB
constituted under Section 79 of the Act shall be re-named as BBMB when any of the components of the Beas Project
has been transferred under sub-section 5 and the BCB shall cease to exist when all the component of the Beas Project
have been so transferred. All the projects under BCB were completed in the year 1984 and BCB ceased to exist in
1984. When all work of BCB stands transferred to BBMB so it cannot be said that BBMB is separate identity than
BCB. Rather BCB has merged in BBMB. Moreover, Hon'ble Supreme Court in Jaswant Singh case(supra) in respect
of work charged employees has no where stated that relief can be sought by work charged employees only against the
BCB. So contention of Ld. AR of the management that BCB and BBMB are two separate entities is devoid of merit.
26.
So far this argument of Law Officer for the respondent that the case is hopelessly time barred is concerned,
the same is again devoid of merits as there was non-compliance of Rule 77 and 78 of Industrial Rules which has been
reproduced above. Moreover, there is no limitation period prescribed for filing a reference. Moreover, reference was
received in the year 2005 and thereafter, several rounds of litigations have taken place. So far as case laws on the
point of limitation the same are not attracted in the present case as there was no compliance of Judgment of Jaswant
Singh case (Supra).
27.
However, it is added that workman was allowed terminal benefits as admitted by him. Moreover, it is also
not case of the petitioner that there is breach of Section 25 F of the Act.
28.
Further, there was non-compliance of Jaswant Singh Case (Supra), Reference No.2C of 1971 and Rule 77 &
78 of Industrial Rules and in this case it would be highly difficult to re-employe the workman. The only remedy left is
to compensate the workman in term of money.
29.
Keeping in view the fact and circumstances of the present case and other connected case of similar nature the
following scheme of compensation is deemed fit by this Tribunal:
i.
Work charged employee who has completed 5 years of service shall be entitled for Rs.50,000/- along
with interest @9% per annum as compensation from the date of moving of application till the realization
of amount.
ii.
Work charged employee who has completed less than 5 years but more than 1 year would be entitled
Rs.25,000/- along with interest @9% per annum from the date of moving of application till the
realization of amount.
iii.
Those employees who have not completed 1 year will not be entitled for any compensation in the
present case.
The present work charged expired on 12.08.2023 and his legal heirs were impleaded. The Workman in his statement
has stated that he was employed on 26.11.1969 and was retrenched on 25.10.1975. There is no denial of this fact in
the written statement by Management. Hence, it is held that Workman worked from 26.11.1969 to 25.10.1975. He
worked for 5 years and 11 months (more than 5 years) so he is entitled of Rs.50,000/- along with interest @9% per
annum from the date of moving the application till its realization.
30.
The reference is answered accordingly and stands disposed off.
31.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT, Presiding Officer
नई दिल्ली, 30 अत तूबर, 2024
का.आ. 2087.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
प्रबंिक ,सिंिल सॉ जलजमटेड, डेडवास भीलवाड़ा ; प्रबंिक, जवकास इंिीजन ररंग वकिसि ृुर ,भीलवाड़ा, द्वारा - प्रोृराईटर
श्री डी.के. गो ल, सेंती , जचत्तौड़गढ़ , के प्रबंितंत्र के संबद्ध जन ोिकों और श्री रौनक सुवालका, कामगार , के बीच
अनुबंि में जनर्िि औद्योजगक न् ा ाजिकरण एवं श्रम न् ा ाल -भीलवाड़ा ृंचाट(संिभि सं् ा 61/2017 एल.सी.आर) को
िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 30.10.2024 को
प्राप्त हुआ ा l
[सं. एल-42025/07/2024-189-आईआर(डी ू)]
दिलीृ कुमार, अवर सजचव
4908
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
New Delhi, the 30th October, 2024
S.O. 2087.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 61/2017 L.C.R) of the Industrial Tribunal and Labor Court-
Bhilwara, as shown in the Annexure, in the Industrial dispute between the employers in relation to The Manager,
Jindal Saw Limited, Redwas, Bhilwada; The Manager, Vikas Engineering Workers Pur, Bhilwada, Through-
Proprietor Shri D K Goyal, Senti, Chittorgarh, and Shri Raunak Suwalka, Worker, which was received along
with soft copy of the award by the Central Government on 30.10.2024.
[No. L-42025/07/2024-189-IR(DU)]
DILIP KUMAR, Under Secy.
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[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4909
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cgl lquh xbZA i=koyh dk ?;kuiwoZd voyksdu fd;k x;kA
loZizFke ;gka gesa ;g ns[kuk gS fd D;k izkFkhZ }kjk foi{kh ds v/khu lsok i`Fkd djus dh frfFk 27-3-2015 ls iwoZ
ds dyS.Mj o’kZ esa 240 fnu ;k blls vf/kd fnolksa rd dk;Z fd;k x;k gS\ ;fn gka] rks D;k foi{kh }kjk izkFkhZ dks fnukad
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tgka rd izkFkhZ }kjk foi{khx.k ds v/khu lsok i`Fkd djus dh frfFk 27-3-2015 ls iwoZ ds dyS.Mj o’kZ esa 240
fnu ;k blls vf/kd fnolksa rd dk;Z djus dk iz”u gS] bl laca/k esa izkFkhZ us Dyse izkFkZuk i= esa ;g vafdr fd;k fd
mlus foi{kh ds v/khu fnukad 1-6-2013 ls 26-3-2015 rd gsYij ds :i esa dke fd;k rFkk fcuk dksbZ dkj.k crk;s mls
foi{khx.k us lsok ls i`Fkd dj fn;kA mlus izR;sd dyS.Mj o’kZ esa 240 fnukas ls vf/kd fnolksa ls vf/kd vof/k rd dk;Z
fd;k rFkk mldk fu;kstu vf/k0 1947 dh /kkjk 25&ch ds rgr ^fu;fer fu;kstu^ dh rkjhQ esa vkrk gS] ysfdu vius
bu vfHkdFkuks ds leFkZu esa izkFkhZ Lo;a gh crkSj xokg vusd volj fn;s tkus ds ckotwn Hkh U;k;ky; esa gkftj ugha
vk;k] ftlls mlds }kjk vius Dyse izkFkZuki= esa fd;s x;s vfHkopuksa dks fo'oluh; ugha ekuk tk ldrk gS vkSj ;g
ekuk tk ldrk gS fd Lo;a izkFkhZ Hkh mlds }kjk Dyse izkFkZuki= esa fd;s tk jgs vfHkopuks ls lger ugha gSA ,slh fLFkfr
esa izkFkhZ ds }kjk foi{khx.k ds v/khu lsok i`Fkddj.k dh frfFk 27-3-2015 ls iwoZ ds dyS.Mj o’kZ esa 240 fnu ;k blls
vf/kd fnolkas rd dk;Z djuk lkfcr ugha ekuk tk ldrk gSA izkFkhZ Lo;a Hkh crkSj xokg vusd volj fn;s tkus ds
ckotwn Hkh U;k;ky; esa gkftj ugha vk;k gSA vr% mDr foospu ds vk/kkj ij izkFkhZ dks foi{kh ds }kjk fnukad 27-3-2015
dks voS/k :i ls lsok ls i`Fkd fd;k tkuk lkfcr ugha ik;k tkrk gSA ,slh fLFkfr esa izkFkhZ dksbZ jkgr izkIr djus dk
vf/kdkjh ugha gSA
%%
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vr% mDr foospu ds vk/kkj ij ;g vkns'k fn;k tkrk gS fd izkFkhZ Jh jkSud lqokydk] foi{khx.k ls dksbZ jkgr
izkIr djus dk vf/kdkjh ugha gSA
lq”khy dqekj “kekZ] U;k;k/kh'k] -
4910
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
नई दिल्ली, 6 नवम् बर, 2024
का.आ. 2088.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में,केन्द्री सरकार प्रबंि
जनिेिक, स्ट्कूटसि इंजड ा जलजमटेड, सरोजिनी नगर, ल नऊ, के प्रबंितंत्र के संबद्ध जन ोिकों और श्री इंद्रिेव,कामगार, के
बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल , ल नऊ ृंचाट(संिभि सं् ा 30 of
2012) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा
06.11.2024को प्राप्त हुआ ा l
[सं. एल-42011/172/2011-आईआर(डी ू)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 6th November, 2024
S.O. 2088.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the
Central Government hereby publishes the award (Ref. No. 30 of 2012) of the Central Government
Industrial Tribunal cum Labour Court, Lucknow as shown in the Annexure, in the Industrial dispute
between the employers in relation to The Managing Director, Scooters India Ltd., Sarojini Nagar,
Lucknow , and Shri Indradev, Worker, which was received along with soft copy of the award by the
Central Government on 06.11.2024.
[No. L-42011/172/2011-IR(DU)]
DILIP KUMAR, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 30/2012
Ref. No. L-42011/172/2011-IR(DU) dated: 05.01.2012
BETWEEN
Shri Indradev S/Olate Ram Manohar Sharma Add-521ka/11 Bada Chandganj Chapartalla, Aliganj Lucknow (UP)
AND
Managing Director, Scooters India Ltd.,
Sarojini Nagar, Lucknow (UP)
AWARD
Sri V.K. Jaiswal - Counsel for the Applicant/Workman
Sri A.K. Singh & Sri Sharad Shukla- Counsel for the Respondent
On 05.01.2012 appropriate government by order no.L-42011/172/2011-IR (DU) has referred the following dispute to
this Tribunal and accordingly the I.D. Case No. 30 of 2012 (Indradev vs. M/s. Scooter India Ltd.) was registered:-
“Whether the action of the management of Scooters India Ltd., Lucknow in not considering the application
of workman Sri Indradev S/Olate Ram Manohar Sharma, Grade ‘D’ dated 29.1.1993 and voluntarily retiring
him w.e.f. 31.12.1993 without paying entire pensionery benefits, is legal and justified? What relief the
workman is entitled to?”
Case of claimant:
On 27.3.2012 on behalf of workman, Statement of Claim filed stating therein the following averments :-
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4911
a) The applicant was appointed as semi skilled worker under the opposite party/employer on 30.10.1978
being fully eligible for the post and his Service No. is 04773 and he was initially granted Grade ‘D’. The
applicant/workman started performing his work and duties with all satisfaction of his all concerned.
b) All of sudden in the year 1993 a rumors was flown away in the campus of company that Manager of the
respondent is saying that the company is going to be windup within a very short period due to heavy
financial loss and as such employees may take his all service benefits as soon as possible from the
company otherwise company will not responsible for the same. Those employees who will seek his
voluntary retirement under the announced voluntary retirement scheme, they will call back in job/service
on requirement of work on seniority basis.
c) The applicant believing rumor on 30.11.1993 applied for his voluntary retirement with effect from
31.3.1994 under the voluntary retirement scheme dated 8.12.1988.
d) A circular dated 6.11.1993 was also circulated by the respondent stating therein that the voluntary
retirement scheme circulated vide circular dated 8.12.1988 will remain suspended with effect from
1.12.1993.
e) The applicant immediately on 30.11..1993 moved an application for withdrawing his voluntary
retirement, which was sought by him with effect from 31.03.1994, then he came to know that his
voluntary retirement has already been accepted by the management of opposite party on the same date
i.e. on which he moved an application on 30.11.1993.
f)
The management was fully aware with all things but voluntary retirement of the applicant was accepted
knowingly and with mal intention on the same date when the applicant submitted his VRS application
i.e. on 30.11.1993 only to oust him from the job, therefore the action of the respondent is quite bad in
law and unjust.
g) The applicant applied for voluntary retirement on 30.11.1993 w.e.f. 31.03.1994 but his voluntary
retirement was accepted by the respondent on the same date when he moved his application on
30.11.1993. The management is well known that the VRS circulated vide letter dated 8.12.1988 will
remain suspended w.e.f. 1.12.1993, therefore, action of the respondent in accepting his VRS w.e.f.
30.11.1993 instead of 31.03.1994 is fully illegal, arbitrary and unjust.
h) If the applicant’s voluntary retirement was not accepted w.e.f. 30.11.1993 i.e. on the date when he
moved his application for VRS, his application would be cancelled or rejected by the management of the
respondent as he submitted another application dated 30.11.1993 for withdrawing his voluntary
retirement and thus he would remain in job till attaining his retirement age from the job. In view of this
the respondent may be directed to pay entire salary and other service benefits to the applicant from the
date of his relieve till the date of his retirement.
i)
It is provided in the standing orders of the company that the pay will be revised on each 5 years of
employees which has not been done in the matter of the applicant before accepting his VRS. The
company is quietly running till date, therefore his voluntary retirement deserves to be quashed and the
respondent be directed to reinstate the applicant on the post with full salary benefits from the date of
relieve from the job till his date of retirement from the post and pay his entire due salary with 12%
interest to the applicant.
Case of respondent:
On 5.9.2012 the written statement filed on behalf of the respondent M/s. Scooters India Limited taking the following
preliminary objections :-
a) The matter of dispute does not constitute a valid industrial dispute, as the dispute has not been transformed
into an industrial dispute within the meaning of the terms as defined in Industrial Disputes Act 1947.
b) The Central Government has not taken facts in cognizance while making a reference to the Tribunal. The
reference is not based on the pleadins of the parties advanced at the conciliation stage, especially the
submissions of the respondent before the Conciliation Officer/Government have been completely ignored,
while making the reference for adjudication. No cause of action arose on the date as mentioned in reference
order as such also on his ground alone, the reference order is bad in the eyes of law.
c) The Industrial Disputes Act 1947 has been amended vide Industrial Disputes (Amendment) Act, 2010 (Act
No.24 of 2010) and period of limitation has been provided by virtue of Section 2A(3), which is quoted as
below:-
4912
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
“2A(3) The application referred to in sub-section (2) shall be made to the Labour Court or
Tribunal before expiry of three years from the date of discharge, dismissal, retrenchment or
otherwise termination of services as specified in sub-section (1)”
d) A period of limitation has been provided i.e. three years from the alleged date of termination of services, but
the instant case has arisen after a period of 18 years which is liable to the dismissed on the ground of
limitation alone.
e) Even otherwise, the applicant has not raised industrial dispute within reasonable time. The applicant has
raised an industrial dispute regarding his acceptance of Voluntary Retirement very belatedly i.e. after elapse
of more than about 18 years. It is trite law as held by the Apex Court that the dispute must be raised within
reasonable period of time from the cause of action and where the industrial dispute is not raised within
reasonable period of time the Labour Court or Industrial Tribunal should decline to grant any interim relief to
the workman.
f)
The Apex Court in the case of Nedungadi Bank Ltd. Versus K.P. Madhavankutty & others : 2000(84) FLR
673 SC, S.M. Niljakar Vs. Telecom District Manager, Karnataka:2003(97) FLR 608 SC, Manager R.B.I. Vs.
Gopinath Sharma : 2006 FLR (110) FLR 803 SC has already held that the dispute must be raised within
reasonable period of time from the cause of action and a dispute which is state could not be subject matter of
reference.
g) The present reference is highly belated, inasmuch as it is made after more than eighteen years from the
alleged date of cause of action. The instant delay caused prejudice to the respondent since the management
not presumed to preserve the relevant record for such a long period.
h) It is settled law of the land that the person who is approaching this Tribunal should come with clean hand but
in the instant matter, the applicant has concealed the actual material facts which are very necessary for the
purposes of the adjudication of present matter of dispute, if any, as such also the reference is not
maintainable before this Tribunal and accordingly deserves to be rejected.
i)
The applicant had preferred a Writ Petition No.: 1130 (S/S) of 1995: Indra Deo and others Vs. M/s Scooters
India Limited and others challenging the alleged action of management in accepting the application for
Voluntary Retirement before the Hon'ble Allahabad High Court, Lucknow Bench, Lucknow along with other
similar situated persons, which was disposed of by order dated 18.12.2000 alongwith Special Appeal No.48
(SB) of 1997 before the Division Bench of the Hon’ble High Court, Lucknow Bench, Lucknow.
j)
An identical situated employee had also preferred a Writ Petition No.1165(SS) of 1994:Jagdish Chandra
Nigam Versus M/s. Scooters India Limited before the Hon’ble High Court, Lucknow Bench, Lucknow
challenging the action of the management in accepting the application for voluntary retirement, which has
been dismissed by means of detail judgment and order dated 9.1.1997.
k) Being aggrieved from the aforesaid judgment and order dated 9.1.1997, Special Appeal No.48 (SB) of 1997
was preferred before the Division Bench of the Hon’ble High Court, Lucknow Bench, Lucknow and after
conducting the necessary proceedings, the Hon’ble Division Bench of the Hon’ble High Court decided the
said special appeal by means of judgment and order dated 18.12.2000 and set aside the judgment and order
passed by the Single Judge to the extent that in case of the appellant/petitioner deposits the entire amount
which he has received through cheque dated 12.3.1994 alongwith interest at the rate of 12% with respondent
company as well as other benefits which might have been given to the appellant within four weeks from the
production of certified copy of the order, the appellant will be reinstated in service.
l)
The management preferred Special Leave Petition challenging the judgment and order dated 18.12.2000
before the Hon’ble Supreme Court of India, which was letter on converted into Civil Appeal No.1089 of
2004:M/s. Scooters India Limited & others Vs. Jagdish Chandra Nigam which was allowed by means of the
judgment and order dated 12.2.2004 and the judgment and order dated 18.12.2000 rendered by the Division
Bench of the High Court, Lucknow Bench, Lucknow has been set aside.
m) Being aggrieved from the judgment and order dated 12.2.2004, Sri Jagdish Chandra Nigam had preferred a
Review Petition No.747 of 2004: J.C. Nigam Vs. M/s. Scooters India Limited, which has also been
dismissed by the Hon’ble Supreme Court of India vide its judgment and order dated 28.4.2004. Sri Nigam
also preferred a Curative Petition No.152 of 2008 and the same has also been dismissed by the Constitution
Bench of Hon’ble Supreme Court vide its judgment and order dated 21.1.2009. Thus it is crystal clear that
the matter in dispute has already been decided by the competent court of law and now nothing remains to be
adjudicated upon by this Tribunal.
Accordingly, it has been prayed by respondent that the present industrial dispute may be dismissed being devoid of
any merit.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4913
Thereafter documents, evidences etc. had been exchanged between the parties. Sri Sharad Kumar Shukla, Learned
Counsel for the respondent submits that the preliminary objections taken by them may be considered first and
thereafter the matter be heard on merits.
Finding & conclusion on the Preliminary Objections:
I have heard Sri V.K. Jaiswal, learned counsel for claimant and Sri Sharad Kumar Shukla and Sri A.K. Singh, learned
counsel for the respondent.
It is not in dispute between the parties that Sri Indradev, applicant/workman was appointed as semi skilled worker in
establishment known as Scooter India Limited on 30.01.1978, Grade-D having service No. 04773. Scooter India
Limited floated a scheme known as Voluntary Retirement (hereinafter referred to as ‘VRS’).
On 30.11.1993 applicant submitted an application for opting VRS and the same was accepted by the respondent on
30.11.1993 and his date of release under the said scheme was notified as 31.11.1993 and consequently applicant was
voluntary retired from service under the Scheme with all consequential benefits and the same were received by him.
Meanwhile on 6.11.1993 a circular was issued which reads as under:-
“Sub:
Voluntary Retirement Scheme – suspension thereof
The Voluntary retirement scheme circulated vide circular no.SIL/PER/NC-63/88 dated 8.12.88 for the
employees of the Company will remain suspended w.e.f.1.12.1993.”
So a letter/representation dated 30.11.1993, submitted by applicant for withdrawal/rejection of his application dated
30.11.1993 for voluntary retirement from services on the ground mentioned therein.
Further, one Sri Jagdish Chandra Nigam whose case was identical to the case of claimant, filed a Special Appeal
No.48 (SB) of 1997, allowed by means of judgment and order dated 18.12.2000 (reported in 2000CJ(All) 309), the
relevant portion, quoted below:-
“18. The appeal is allowed. The judgment and order passed by the Hon'ble the single Judge is set aside to
the extent, the observations made in the foregoing paragraph of this judgment. But we provide that in case
the appellant deposits the entire amount which he has received through cheque dated March 12, 1994
alongwith interest at the rate of 12% with Scooters India Limited, as well as other benefits which might have
been given to the appellant within four weeks from the date of production of the certified copy of this order,
the appellant will be reinstated in service. But considering the facts and circumstances of the case, we
further provide that the appellant will not be entitled for payment of back wages.
19. As far as the case of the petitioners of other writ petitions are concerned, the fact of those writ petitioners
are not exactly identical to the facts which have been indicated in the present Special Appeal. But as this
Court has decided the present Special Appeal more or less on same propositions of law although the fact
might be different, we heard the arguments of the learned counsel for the parties in all the writ petitions
alongwith special appeal, which are connected with this special appeal as well.
20. As we have already indicated that those employees who withdrew their application for voluntary
retirement before the prospective date mentioned in the original application for voluntary retirement, shall
he entitled for the relief. But those persons, who have not withdrawn their voluntary retirement before the
prospective date, would not be entitled for any relief.
21. We further provide that those petitioners, who opted for the Voluntary Retirement Scheme from a
prospective date and withdrew their resignations before the said prospective date, but were, relieved by the
management of the Scooters India Ltd. would be entitled to the relief as Jagdish Chandra Nigam has been
provided, provided they filed the writ petitions within one month from the date of the relieving orders. If they
had filed the writ petition after one month from the date of relieving orders, they would not be entitled for
any relief.
22. With the aforesaid observations, the Special Appeal as well as all the writ petitions are disposed of.”
Judgment/order dated 18.12.2000 challenged by way of filing a S.L.P. having Special Leave Petition (Civil)
No.10352/2001 (M/s. Scooters India Ltd & others versus Jagdish Chandra Nigam) along with other S.L.P.s which
were connected. In the above noted S.L.P. an order dated 12.2.2004 was passed by the Hon’ble Supreme Court which
reads as under:-
“Leave Granted.
For the reasons stated in our order passed today in C.A. No.4098/2002, this appeal is allowed.
The order and judgment under challenge is set aside. There shall be no order as to costs.”
4914
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
Thus, as per the order passed by the Hon’ble Supreme Court, the S.L.P. filed by M/s. Scooters India Limited was
allowed and judgment and order passed in the case of Special Appeal filed by Sri Jagdish Chandra Nigam was set
aside/S.L.P. filed by Sri Jagdish Chandra Nigam was dismissed.
Moreover order passed by the Hon’ble Supreme Court in Special Leave Petition (Civil) No.10352/2001 (M/s.
Scooters India Ltd & others versus Jagdish Chandra Nigam) based upon order dated 12.2.2004 passed by the Hon’ble
Supreme Court in C.A. No.4098 of 2002 (Bank of India & others Vs. Pale Ram Dhania), reproduced below:-
“1. It is not disputed that the appellant Bank introduced a Voluntary Retirement Scheme, 2000 (herein
referred to as "the Scheme") for its employees which had the approval of its Board of Directors. The Scheme
was operative w.e.f. November 15, 2000 to December 14, 2000 for the employees who sought voluntary
retirement. It is not disputed that the respondent herein who was an employee of the appellant Bank sought
voluntary retirement under the Scheme on November 30, 2000. It is also not disputed that on December 2,
2000 he wrote to the Bank for withdrawal of his application for voluntary retirement. On January 22, 2001,
the appellant Bank accepted the request for voluntary retirement of the respondent. Further, on January 25,
2001, the respondent withdrew the retiral benefits deposited in the Bank in his name as per voluntary
retirement. It appears that the respondent changed his mind after the respondent was relieved from the
employment and he filed a petition under Article 226 of the Constitution challenging the acceptance of his
request for voluntary retirement. A learned Single Judge of the High Court allowed the petition and set aside
the acceptance of the application for voluntary retirement submitted by the respondent. Aggrieved, the
appellants preferred a letters patent appeal which was dismissed. It is against the said judgment, the
appellants are in appeal before us.
2. A Bench of three Judges of this Court in Punjab National Bank v. Virender Kumar Goel , has held that an
employee who sought voluntary retirement and subsequently wrote for its withdrawal but has withdrawn the
amount of retiral benefits as per the Voluntary Retirement Scheme, is not entitled to the withdrawal of his
application for voluntary retirement. It is not disputed that in the present case the respondent herein
withdrew the amount of retiral benefits on January 25, 2001.
3. For the aforesaid reason, this appeal deserves to be allowed. We order accordingly. The order and
judgment under challenge is set aside. There shall be no order as to costs”.
In Review Petition (Civil) No.53 of 2003 arising out of Appeal (Civil) No.896 of 2002 (Punjab National Bank Versus
Virender Kumar Goel & others), the Hon’ble Supreme Court on 21.1.2004 passed an order. The relevant of order
dated 21.1.2004 reads as under:-
“I.A.NOS. 1-22
These applications have been filed by the State Bank of Patiala for clarification/directions. The ground taken
in these applications is that the State Bank of Patiala is not a nationalised bank. It is hundred per cent a
subsidiary of the State Bank of India. The VRS scheme floated by the State Bank of Patiala is in para-materia
with the scheme floated by the State Bank of India. This Court in the judgment dated 17.12.2002 allowed the
appeals filed by the State Bank of India but nothing has been said about the appeals filed by the State Bank
of Patiala. In the interregnum, a two-Judge Bench of this Court, in which one of us (Sema, J) was a member,
considered the same question in Civil Appeal No. 2341 of 2003 arising out of Special Leave Petition No.
23530 of 2002 entitled State Bank of Patiala Vs. Jagga Singh, disposed of on 13.3.2003, where this Court
after considering Clause 8 of the scheme floated by the State Bank of Patiala and Clause 7 of the scheme
floated by the State Bank of India, had held that the scheme floated by the State Bank of Patiala is almost
identical of the scheme floated by the State Bank of India. Accordingly, the appeal filed by the State Bank of
Patiala was allowed. Review Petition was also dismissed on 3.12.2003. In view thereof, we clarify that our
direction No.2, allowing the appeals filed by the State Bank of India, would also include the appeals filed by
the State Bank of Patiala. In other words, the appeals filed by the State Bank of Patiala are allowed in terms
of our judgment dated 17.12.2002. I.A.NOS. 14-15 I.A.No.14 has been filed by an employee of the bank
sought to clarify/modify our order dated 17.12.2002. In this case, admittedly, the benefit of the scheme had
been withdrawn by the applicant on 27.2.2001. The applicant had clearly admitted, in ground E of the
application, withdrawal of the amount so credited in his account, albeit compelling financial constraints.
I.A.No.15 has been filed by an employee of the bank for clarification/modification of our order dated
17.12.2002. In para 6 of the application, the applicant admitted that he had withdrawn and utilised the
benefit of the scheme credited in his account.
As noticed in our judgment, having accepted the benefit under the scheme by withdrawing and utilisation
thereof they are not permitted to approbate and reprobate.”
Moreover Sri J.C. Nigam filed a Review Petition (Civil) No.747 of 2004 in C.A. No.1089 of 2004 (J.C. Nigam
Versus M/s. Scooter India Limited & others) before the Hon’ble Supreme Court in which the following order dated
28.4.2004 passed:-
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4915
“We do not filed any merit in the review petition and the same is accordingly dismissed.”
Thereafter, Sri J.C. Nigam filed a Curative Petition No.152 of 2008 against order dated 28.4.2004 passed in Review
Petition (Civil) No.747 of 2004 which was dismissed by an order dated 20.1.2009, quoted below:-
“We have perused the petition and the connected papers. In our view, no case is made out within the
parameters indicated in the decision of this Court in Rupa Ashok Hurra Vs. Ashok Hurra & Anr. 2002(4)
SCC 388. Hence, the Curative Petition is dismissed.”
In addition to the above said facts, Hon’ble the Apex Court in the constitution bench in the case of Rupa Ashok
Hurra Versus Ashok Hurra & Anr, reported in 2002(4) SCC 388 held as under:-
“Incidentally, this Court stands out to be an avenue for redressal of grievance not only in its revisional
jurisdiction as conferred by the Constitution but as a platform and forum for every grievance in the country
and it is on this context Mr.Shanti Bhushan, appearing in support of the some of the petitioners, submitted
that the Supreme Court in its journey for over 50 years has been able to obtain the confidence of the people
of the country, whenever the same is required be it the atrocities of the police or a public grievance
pertaining to a governmental action involving multitudes of problems. It is the Supreme Court, Mr. Shanti
Bhushan contended, where the people feel confident that justice is above all and would be able to obtain
justice in its true form and sphere and this is beyond all controversies. It has been contended that finality of
the proceeding after an Order of the Supreme Court, there should be, but that does not preclude or said to
preclude this Court from going into the factum of the petition for gross injustice caused by an Order of the
Supreme Court itself under the inherent power being an authority to correct its errors any other view should
not and ought not be allowed to be continued. Needless to record here, however, that review jurisdiction
stand foisted upon this Court in terms of the provisions of the Constitution, as noticed hereinbefore and it is
also well-settled that a second review petition cannot be said to maintainable. Reference maybe made in this
context to a decision of this Court in the case of J.Ranga Swamy v. Govt. of A.P. & Ors. (AIR 1990 SC 535),
wherein this Court in paragraph 3 stated as below :-
"We are clearly of the opinion that these applications are not maintainable. The petitioner, who
appeared in person, referred to the judgment in Antulay's case (1988) 2 SCC 602 : (AIR 1988 SC
1531). We are, however, of the opinion that the principle of that case is not applicable here. All the
points which the petitioner urged regarding the constitutionality of the Government orders in
question as well as the appointment of respondent instead of petitioner to the post in question had
been urged before the Bench, which heard the civil appeal and writ petitions originally. The
petitioner himself stated that he was heard by the Bench at some length. It is, therefore, clear that
the matters were disposed of after a consideration of all the points urged by the petitioner and the
mere fact that the order does not discuss the contentions or give reasons cannot entitle the
petitioner to have what is virtually a second review."
True, due regard shall have to have as regards opinion of the Court in Ranga Swamy (supra), but the
situation presently centres round that in the event of there being any manifest injustice would the doctrine of
ex debito justitiae be said to be having a role to play in sheer passivity or to rise above the ordinary heights
as it preaches that justice is above all. The second alternative seems to be in consonance with time and
present phase of socio-economic conditions of the society. Manifest justice is curable in nature rather than
incurable and this court would lose its sanctity and thus would belie the expectations of the founding fathers
that justice is above all. There is no manner of doubt that procedural law/procedural justice cannot
overreach the concept of justice and in the event an Order stands out to create manifest injustice, would the
same be allowed to remain in silenco so as to affect the parties perpetually or the concept of justice ought to
activate the Court to find a way out to resolve the erroneous approach to the problem. Mr. Attorney General,
with all the emphasis in his command, though principally agreed that justice of the situation needs to be
looked into and relief be granted if so required but on the same breath submitted that the Court ought to be
careful enough to trade on the path, otherwise the same will open up Pandora's box and thus, if at all, in
rarest of the rare cases the further scrutiny may be made. While it is true that law courts has overburdened
itself with the litigation and delay in disposal of matters in the subcontinent is not unknown and in the event
of any further appraisal of the matter by this Court, it would brook on further delay resulting in
consequences which are not far to see but that would by itself not in my view deter this Court from further
appraisal of the matter in the event the same, however, deserve such an additional appraisal The note of
caution sounded by Mr. Attorney as regards opening up of pandora's box strictly speaking, however, though
may be of very practical in nature but the same apparently does not seem to go well with the concept of
justice as adumbrated in our constitution. True it is, that practicability of the situation needs a serious
consideration more so when this Court could do without it for more than 50 years, which by no stretch of
imagination can be said to be a period not so short. I feel it necessary, however, to add that it is not that we
are not concerned with the consequences of reopening of the issue but the redeeming feature of our justice
delivery system, as is prevalent in the country, is adherence to proper and effective administration of justice
4916
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
in stricto. In the event there is any affectation of such an administration of justice either by way of infraction
of natural justice or an order being passed wholly without jurisdiction or affectation of public confidence as
regards the doctrine of integrity in the justice delivery system technicality ought not to out-weigh the course
of justice the same being the true effect of the doctrine of ex debito justitiae. The oft quoted statement of law
of Lord Hewart, CJ in R v. Susssex Justices, ex p McCarthy (1924 (1) KB 256) that it is of fundamental
importance that justice should not only be done, should manifestly and undoubtedly be seem to be done had
this doctrine underlined and administered therein. In this context, the decision of the House of Lords in R v.
Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte (No.2) seem to be an
ipoc making decision, wherein public confidence on the judiciary is said to be the basic criteria of the justice
delivery system any act or action even if it a passive one, if erodes or even likely to erode the ethics of
judiciary, matter needs a further look. Brother Quadri has taken very great pains to formulate the steps to be
taken and the methodology therefor, in the event of there being an infraction of the concept of justice, as
such further dilation would be an unnecessary exercise which I wish to avoid since I have already recorded
my concurrence therewith excepting, however, lastly that curative petitions ought to be treated as a rarity
rather than regular and the appreciation of the Court shall have to be upon proper circumspection having
regard to the three basic features of our justice delivery system to wit, the order being in contravention of the
doctrine of natural justice or without jurisdiction or in the event of there is even a likelihood of public
confidence being shaken by reason of the association or closeness of a judge with the subject matter in
dispute. In my view, it is now time that procedural justice system should give way to the conceptual justice
system and efforts of the law Court ought to be so directed. Gone are the days where implementation of
draconian system of law or interpretation thereof were insisted upon - Flexibility of the law Courts presently
are its greatest virtue and as such justice oriented approach is the need of the day to strive and forge ahead
in the 21st century.”
Thus, from the above said facts and the material on record, as the present industrial dispute stands on the same footing
as of Sri Jagdish Chandra Nigam, so in view of the judgment passed Hon’ble Supreme Court in the case of Sri Jagdish
Chandra Nigam thereafter in Review Petition and Curative Petition, by him which were also dismissed.
Accordingly, preliminary objection taken by learned counsel for respondent are allowed and claim petition filed by
claimant liable to be dismissed.
ORDER
For the foregoing reasons the present industrial dispute is dismissed, workman is not entitled for any relief; and the
reference is answered accordingly.
Lucknow. 21st June, 2024
Justice ANIL KUMAR Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2089.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
सिंिुस्ट्तान स़िंक के प्रबंितंत्र के संबद्ध जन ोिकों और श्री कजलाि के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक
अजिकरण एवं श्रम न् ा ाल , भीलवाड़ा, ृंचाट (ररफरेन्स न.- 20/2015) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,
प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-134]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2089.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 20/2015) of the Central Government Industrial
Tribunal cum Labour Court, Bhilwada as shown in the Annexure, in the Industrial dispute between the employers
in relation to M/s Hindustan Zinc and Shri Kailash which was received along with soft copy of the award by the
Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-134]
DILIP KUMAR, Under Secy.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4917
ihBklhu vf/kdkjh%
¼ftyk U;k;k/kh'k laoxZ½
izdj.k la[;k % 20 lu~ 2015
Jh dSyk'k iq=- Jh xksiky njksxk] }kjk&
-
U;w ftad vkn'kZ deZpkjh osyQs;j ;wfu;u] -
lriky uxj] iks0&vkxqpk] rg0&gqjMk] ftyk&HkhyokMkA
-izkFkhZ
izca/kd] fgUnqLrku ftad fy-] jkeiqjk&vkxqpk ekbZUl] HkhyokMkA -
foi{kh
mifLFkr %
Jh fprjatu ikaMs] vf/koDrk&izkFkhZ dh vksj lsA -
Jh vkj- lh- pspk.kh] vf/koDrk&foi{kh dh vksj lsA
fnukad % 13-08-2024
izkFkhZ Jfed us foi{kh ds fo:) lsok i`Fkddj.k ckcr viuk fookn lqyg vf/kdkjh ,oa lgk;d Je vk;qDr
¼dsUnzh;½] vtesj ds le{k is'k fd;k] tgka dksbZ le>kSrk ugha gksus ds dkj.k lqyg vf/kdkjh }kjk dzekad% F. No. AJ-
5[26]/2014-ALC fnukad 5-1-2015 dks viuk fookn bl U;k;ky; ds le{k is'k djus ds funsZ'k izkFkhZ dks fn;s x;sA
rRi'pkr~ izkFkhZ us vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls iapkV esa vkxs vf/k0 1947 ls lEcksf/kr fd;k tk;sxk½ dh
/kkjk 2 ¼,½ ds rgr ;g fookn bl U;k;ky; ds le{k is'k fd;kA
izkFkhZ dh vksj ls izLrqr Dyse izkFkZuk i= esa ;g vafdr fd;k x;k gS fd mldk p;u foi{kh }kjk [kku vf/k0
1952 ds rgr p;u lfefr }kjk crkSj QhVj fd;k x;k rFkk mlus fnukd 7-6-2007 ls foi{kh laLFkku esa dk;Z djuk
izkjaHk fd;kA rRi'pkr~ mls ,e-,y-xqIrk izk-fy0 daiuh] vkd`fr daiuh vkfn daifu;ksa ds funsZ'ku esa dk;Z gsrq
LFkkukarfjr fd;k x;kA tgka mluas 15-3-2012 rd dke fd;kA blds ckn mls fnukd 16-3-2012 dks lsok i`Fkd dj
fn;k x;kA vf/k0 1947 dh /kkjk 25&ch ds rgr mldk fu;kstu ^fu;fer fu;kstu^ dh rkjhQ esa vkrk gSA mldk b-
ih-,Q- ua0 vkjts@1272@739656 gSA [kku esa dk;Z djus gsrq Bsdsnkj o vU; daifu;ka varjky ls cnyrh jgrh gSA
Bsdsnkj dsoy lqijokbZj gh gS] fu;kstd ugha gSA ekLVj daiuh gh fu;kstd gSA mls ;wfu;u dh lnL;rk xzg.k djus
ds dkj.k }s"krko'k fnukd 16-3-2012 ls dk;Z ij ugha fy;k x;kA izkFkhZ us leLr osru ifjykHkksa lfgr iqu% lsok esa
iqu% fu;ksftr djokus dk fuosnu fd;kA
foi{kh dh vksj ls tokc is'k dj tkfgj fd;k x;k fd mUgksaus izkFkhZ dks dHkh Hkh fu;ksftr ugha fd;kA izkFkhZ us
'kkafrLo:i dULV~zD'ku daiuh o /kulkj daiuh ds funsZ'ku esa dk;Z djuk crk;k gS] ysfdu mDr daiuh ekeys esa i{kdkj
ugha gSA dsUnz ljdkj us izkFkhZ o foi{kh ds e/; fu;kstd ,oa fu;ksftrh ds laca/k ugha ekudj i{kdkjksa ds e/; dksbZ
vkS|ksfxd fookn vfLrRo esa gksuk ugha ekuk gS] ftls izkFkhZ us pqukSrh ugha nh gSA Dyse izkFkZuk i= [kkfjt djus dh
izkFkZuk dh xbZA
izkFkhZ dh vksj ls lk{; esa , M 1 dSyk'k ds 'kiFki= ij c;ku ntZ djok;s x;sA
foi{kh dh vksj ls dksbZ lk{; is'k ugha dh xbZA
cgl vafre lquh xbZA i=koyh dk /;kuiwoZd voyksdu fd;k x;kA
cgl ds nkSjku vf/koDrk izkFkhZ us Dyse izkFkZuk i= esa
mYysf[kr rF;ksa dks nksgjkrs gq, okafNr vuqrks"k fnykus dk fuosnu fd;kA
4918
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
blds foijhr foi{kh ds vf/koDrk us ;g crk;k fd izkFkhZ mudk Jfed ugha FkkA izkFkhZ o foi{kh ds e/;
Jfed&fu;kstd ds laca/k ugha jgs gSaA
geusa laiw.kZ i=koyh dk v/;;u fd;k vkSj fopkj fd;kA
loZizFke ;gka ;g ns[kuk gS fd D;k izkFkhZ o foi{kh ds e/; Jfed& fu;kstd ds laca/k jgs gSa\
bl laca/k esa U;kf;d n`"Vkar 2013 ,y ,y vkj ist 11 ¼iatkc ,aM gfj;k.kk½ efgUnzk ,aM efgUnzk cuke ihBklhu
vf/kdkjh mYys[kuh; gS] ftlesa eku- mPp U;k;ky; }kjk ;g vfHkfu/kkZfjr fd;k x;k gS fd ;fn deZpkjh lh/ks :i ls
Bsdsnkj ds v/khu dk;Z djrk gS rks ml ij lafonk Je ¼fofu;eu ,oa mRlknu½ vf/k0] 1970 ykxw gksxk ,oa Jfed o
fu;kstd ds lca/k LFkkfir djus dk Hkkj deZdkj ij gksxkA
bl laca/k esa gLrxr izdj.k ij fopkj djas rks izkFkhZ us vius Dyse izkFkZuki= esa ;g dgk gS fd mls foi{kh }kjk
QhVj ds in ij p;fur dj fu;kstu esa j[kk x;k&rRi'pkr~ fgUnqLrku ftad fy0 ds funsZ'ku esa dk;Z gsrq mls
LFkkukarfjr fd;k x;kA blds ckn ,e-,y-xqIrk izk-fy0] vkd`fr daiuh]t;fgan izk-fy- daiuh]liuk izk-fy- daiuh ds
funsZ'ku esa dk;Z gsrq LFkkukarfjr fd;k x;kA foi{kh dh vksj ls dh xbZ ftjg esa xokg us ;g Li’V :i ls dgk gS fd
fgUnqLrku ftad okys izkFkZuki= dh iSjk la0 ,d esa of.kZr daifu;ksa esa dke djus ds fy, Hkstrs FksA buds vykok Hkh
dbZ daifu;ksa esa fgUnqLrku ftad gesa dke djus ds fy, Hkstrh FkhA vkxs ftjg esa izkFkhZ us Li"V :i ls dgk gS fd
mlds ikl fgUnqLrku ftad dk dksbZ fu;qfDri= ugha gSA bl izdkj izkFkhZ vius ikl foi{kh dk dksbZ fu;qfDr i=] ugha
gksuk Li’V :i ls Lohdkj djrk gSA izkFkhZ dh vksj ls foi{kh ds ;gka vius fu;kstu dks lkfcr djus ds fy, Lo;a ds
'kiFki= ds vfrfjDr vU;dksbZ lk{; is'k ugha dh xbZ gSA nLrkosth lk{; ds :i esa izkFkhZ dh vksj ls izn'kZ 1&,
va'knk;h Hkfo"; fuf/k ys[kk dh izfra dks vo'; iznf'kZr djok;k x;k gS] tks o"kZ 2008&2009 dh vof/k dh gksdj lsok
i`Fkd dh crkbZ tk jgh frfFk 16-3-2012 ls dkQh le; iwoZ dh vof/k dk gksus ls mDr nLrkost gLrxr ekeys esa
lqlaxr Hkh ugha gSA blds vfrfjDr izkFkhZ us izn'kZ 2 vlQy okrkZ izfrosnu dks Hkh iznf'kZr djok;k gS] ftlesa Hkh izkFkhZ
ds }kjk foi{kh ds v/khu fu;ksftr gksdj dke djus dk dksbZ vadu ugha gSA ,slh fLFkfr esa izkFkhZ }kjk izLrqr mDr
nLrkostksa ls izkFkhZ dks dksbZ lgk;rk ugha feyrh gSA
izkFkhZ ds }kjk vius Dyse izkFkZuki= esa fd;s x;s vfHkopuksa ds leFkZu esa nLrkosth lk{; ds :i esa foi{kh }kjk
tkjh fu;qfDri=] xsVikl] is&Lyhi vkfn dksbZ Hkh ,slk nLrkost is'k ugha fd;k gS] ftlls mlds dFkuksa ij fo'okl
fd;k tk ldsA izkFkhZ dks ;fn foi{kh fgUnqLrku ftad }kjk fu;ksftr fd;k x;k gksrk rks mlds }kjk fu;qfDri=]
is&Lyhi ;k Lo;a ds cSad [kkrs dh iklcqd vkfn is'k dj ;g lkfcr djok;k tk ldrk Fkk fd mls foi{kh }kjk gh
fu;ksftr fd;k x;k gS rFkk os gh mls osru nsrs Fks] ysfdu izkFkhZ dh vksj ls ,slk dqN Hkh ugha fd;k x;k gSA ,slh
fLFkfr esa izkFkhZ }kjk ek= ekSf[kd :i ls ;g dg nsus ls fd mls foi{kh fgUnqLrku ftad us fu;ksftr fd;k] dks lR;
,oa fo'oluh; ugha ekuk tk ldrk gSA xkSjryc gS fd Lo;a izkFkhZ us vius Dyse izkFkZuk dh en la0 ,d esa gh ;g
vafdr fd;k gS fd mls blds ckn ,e-,y-xqIrk izk-fy0] vkd`fr daiuh]t;fgan izk-fy- daiuh]liuk izk-fy- daiuh ds
funsZ'ku esa dk;Z gsrq LFkkukarfjr fd;k x;k] ftlls Hkh ;g ekuk tk ldrk gS fd izkFkhZ us mDr Bsdsnkj daiuha ds
v/khu o muds funsZ'ku esa gh foi{kh ds ;gka dqN le; rd dke fd;k gksxk] ysfdu izkFkhZ us mlds }kjk crkbZ tk jgh
yEch vof/k rd foi{kh ds fu;kstu esa dk;Z fd;k gks vkSj mlds ikl fu;kstu ds lac/k esa dksbZ nLrkost ugha gks] ,slk
laHko ugha ekuk tk ldrk gSA
Lo;a izkFkhZ ds vfHkopuks ls gh ;gh izdV gks jgk gS fd izkFkhZ us vU; Bsdsnkj daiuh& ,e-,y-xqIrk izk-fy0]
vkd`fr daiuh]t;fgan izk-fy- daiuh]liuk izk-fy- daiuh ds ek/;e ls dqN le; rd foi{kh laLFkku eas dk;Z fd;k gksxk
rFkk mlus lh/ks rkSj ij foi{kh ds v/khu dk;Z fd;k gks] ,slk lkfcr ugha ik;k tkrk gSA osru Hkqxrku ds laca/k esa
;|fi izkFkhZ viuh ftjg esa ;g dgrk gS fd mls osru Hkqxrku foi{kh ds }kjk fd;k tkrk Fkk] ysfdu bl laca/k esa
mlus ys'kek= Hkh nLrkosth lk{; &is Lyhi] Lo;a ds cSad [kkrs dh ikl cqd vkfn is'k ugha dh gSA ,slh fLFkfr esa
izkFkhZ dks foi{kh ds }kjk lh/ks rkSj ij osru Hkqxrku fd;k tkuk Hkh lkfcr ugha ik;k tkrk gSA izkFkhZ dh vksj ls foi{kh
laLFkku ds lh/ks fu;a=.k ,oa i;Zos{k.k esa dk;Z djus ds laca/k esa Lo;a dh ekSf[kd lk{; ds vfrfjDr dksbZ Bksl
nLrkosth lk{; Hkh izLrqr ugha dh xbZ gSAa vr% izLrqr lk{; ls izkFkhZ dks foi{kh ds izR;{k fu;kstu esa fu;ksftr gksuk
ugha ekuk tk ldrk gSA izkFkhZ }kjk ,slh dksbZ lk{; is”k ugha dh xbZ gS ftlls izkFkhZ o foi{kh ds e/;
Jfed&fu;kstd dk laca/k LFkkfir gksuk izdV gksrk gksA ,slh fLFkfr esa esjs fouez er esa gLrxr izdj.k esa U;kf;d
n`"Vkar 2013 ,y ,y vkj ist 11 ¼iatkc ,aM gfj;k.kk½ efgUnzk ,aM efgUnzk cuke ihBklhu vf/kdkjh iw.kZr% ykxw gksrk
gSA
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4919
gLrxr izdj.k esa U;kf;d n`’Vkar 2011 ,y ,y vkj ist 113 ¼,l-lh-½ tujy eSustj ¼vks ,l Mh½] caxky
ukxiqj dkWVu feYl] jktukanxkao cuke Hkjryky oxSjg mYys[kuh; gS] ftlesa eku0 mPpre U;k;ky; us ;g
vfHkfu/kkZfjr fd;k gS fd deZpkjh rFkk fu;ksDrk ds laca/k LFkkfir gksus ds fy, ;g vko”;d gS fd deZpkjh U;k;ky;
esa ;g lkfcr djs fd mls lh/ks daiuh ls osru feyrk Fkk] u fd Bsdsnkj ls] ysfdu gLrxr izdj.k esa izkFkhZ us ,slk
dksbZ lcwr is”k ugha fd;k gS ftlls ;g lkfcr gks lds fd mls foi{kh ls osru feyrk gksA
U;kf;d n`’Vkar 2014 ,y ,y vkj ist 753 ¼jkt0½?khlk [kka cuke Je U;k;ky; ,oa vkS|ksfxd U;k;kf/kdj.k]
vtesj oxSjg esa eku0 mPp U;k;ky; us ;g vfHkfu/kkZfjr fd;k gS fd deZdkj rFkk fu;kstd ds e/; deZdkj&
fu;kstd dk laca/k Fkk] bl rF; dks lkfcr djus dk Hkkj deZdkj ij gSA izkFkhZ dh vksj ls foi{kh }kjk tkjh dksbZ
fu;qfDri=] is&Lyhi vkfn is”k ugha dh xbZ gS] ftlls mldk foi{kh ls Jfed&fu;kstd dk laca/k LFkkfir gksuk
lkfcr gksrk gksA fopkjk/khu ekeys esa izLrqr lk{; ls izkFkhZ] foi{kh ls deZdkj ,oa fu;kstd dk laca/k LFkkfir gksuk
lkfcr djus esa vlQy jgk gSA
gLrxr izdj.k esa U;kf;d n`’Vkar 2018 ,y ,y vkj ist 515 Hkkjr gsoh bysDV~zhdYk fy0 cuke egsUnz izlkn o
vU; Hkh mYys[kuh; gS] ftlesa esa eku0 mPpre U;k;ky; us ;g vfHkfu/kkZfjr fd;k gS fd deZpkjh rFkk fu;ksDrk dk
laca/k ns[kus ds fy, 6 ckrsa gksuk vko”;d gS] ftlesa 1&deZpkjh dks dkSu fu;qDr djrk gS] 2&deZpkjh dks osru vkfn
dkSu nsrk gS] 3&deZpkjh dks inP;qr djus dk vf/kdkj fdlds ikl gS] 4& deZpkjh ds fo:) vuq”kklukRed dk;Zokgh
dkSu dj ldrk gS] 5& lsok dh fujarjrk rFkk 6&deZpkjh ij fu;a=.k ,oa i;Zos{k.k dkSu djrk gSAa
mij foospu ds nkSjku ;g lkfcr ekuk x;k gS fd izkFkhZ dks foi{kh }kjk u rks fu;ksftr fd;k x;k] u mls osru
foi{kh }kjk fn;k tkrk FkkA vr% mDr U;kf;d n`’Vkar 2018 ,y ,y vkj ist 515 Hkkjr gsoh bysDV~zhdYk fy0 cuke
egsUnz izlkn o vU; ds ifjis{; esa Hkh izkFkhZ o foi{khx.k ds e/; Jfed&fu;kstd dk laca/k LFkkfir gksuk ugha ekuk tk
ldrkA
izkFkhZ us fu;kstu ds laca/k esa ek= va'knk;h Hkfo"; fuf/k dk ys[kk izn'kZ 1&, dh izfra dks vo'; iznf'kZr djok;k
x;k gS] tks o"kZ 2008&2009 dh vof/k dh gksdj lsok i`Fkd dh crkbZ tk jgh frfFk 16-3-2012 ls dkQh le;
iwoZ dh vof/k dk gksus ls mDr nLrkost gLrxr ekeys esa lqlaxr Hkh ugha gSA izkFkhZ us mDr nLrkosth lk{; ds
vfrfjDr vius fu;kstu ds laca/k esa vU; dksbZ Bksl nLrkosth lk{; is'k ugha dh gS rFkk esjs er esa bl laca/k esa ek=
izkFkhZ dk 'kiFki= gh i;kZIr ugha gSA ,slh fLFkfr esa izkFkhZ dk fu;kstu vf/k0 1947 dh /kkjk 25&ch ds rgr ^fu;fer
fu;kstu^ gksuk Hkh lkfcr ugha ekuk tk ldrk gSA
bl laca/k esa foi{kh la0 ,d dh vksj ls izLrqr U;kf;d n`’Vkar 2013 ,y ,y vkj ist 927 ¼bykgkckn½ ;w-ih-LVsV
osvjgkmflax dkiksZjs”ku oxSjg cuke ihBklhu vf/kdkjh oxSjg mYys[kuh; gS] ftlesa eku- mPp U;k;ky; us ;g
vfHkfu/kkZfjr fd;k gS fd fof/k dk ;g lqLFkkfir fl)kar gS fd tks deZdkj Dyse is”k djrk gS mlh dks viuk Dyse
lkfcr djuk gksrk gS vkSj bl rF; dks ekSf[kd ,oa nLrkosth lk{; ls lkfcr fd;k tk ldrk gS] ysfdu izkFkhZ ;g
lkfcr djus esa iw.kZr% vlQy jgk gS fd mlus lsok i`Fkddj.k dh frfFk ls iwoZ ds dyS.Mj o’kZ esa foi{kh ds fu;fer
Jfed ds :i esa 240 fnu ;k blls vf/kd fnolksa rd dk;Z fd;kA ;fn mlus foi{kh ds v/khu dk;Z fd;k gS rks og
Bsdsnkj ds v/khu fd;k gSA gLrxr ekeys esa rks izkFkhZ o foi{kh ds e/; Jfed&fu;kstd ds laca/k gksuk gh lkfcr ugha
ik;k x;k gSA ,slh fLFkfr esa foi{kh ds }kjk izkFkhZ dks fnukad 16-3-2012 ls lsok ls i`Fkd djuk laHko Hkh ugha ekuk tk
ldrk gSA
mijksDr foospu ,oa izLrqr U;kf;d n`’Vkarksa ds ifjis{; esa izkFkhZ o foi{kh ds e/; Jfed&fu;kstd ds laca/k
LFkkfir ugha jgs gSa rFkk mls foi{kh ds }kjk fnukad 16-3-2012 ls lsok ls i`Fkd ugha fd;k x;k gSA vr% og dksbZ
vuqrks"k izkIr djus dk vf/kdkjh ugha gSA
mDr foospu ds vk/kkj ij vkns'k fn;k tkrk gS fd izkFkhZ Jh dSyk'k o foi{kh ds e/; Jfed& fu;kstd ds laca/k
ugha jgs gSaA izkFkhZ dks foi{kh us fnukad 16-3-2012 dks lsok ls i`Fkd ugha fd;k gSA izkFkhZ foi{kh ls dksbZ jkgr izkIr
djus dk vf/kdkjh ugha gSA
iapkV vkt fnukad 13-08-2024 dks [kqys U;k;ky; esa lquk;k x;kA
lq”khy dqekj “kekZ] U;k;k/kh'k]
4920
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2090.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
सिंिुस्ट्तान स़िंक के प्रबंितंत्र के संबद्ध जन ोिकों और श्री ओम ृुरी के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक
अजिकरण एवं श्रम न् ा ाल , भीलवाड़ा, ृंचाट (ररफरेन्स न. 21/2015) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,
प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-27012/12/2015-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2090.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 21/2015) of the Central Government Industrial
Tribunal cum Labour Court, Bhilwada as shown in the Annexure, in the Industrial dispute between the employers
in relation to M/s Hindustan Zinc and Shri Om Puri which was received along with soft copy of the award by the
Central Government on 07.11.2024.
[No. L-27012/12/2015-IR(M)]
DILIP KUMAR, Under Secy.
ihBklhu vf/kdkjh%
¼ftyk U;k;k/kh'k laoxZ½
izdj.k la[;k % 21 lu~ 2015
Jh vkse iqjh iq=- Jh vtqZu iqjh] }kjk&
-
U;w ftad vkn'kZ deZpkjh osyQs;j ;wfu;u] -
lriky uxj]iks0&vkxqpk]rg0&gqjMk]ftyk&HkhyokMkA
--izkFkhZ
izca/kd]fgUnqLrku ftad fy-]jkeiqjk&vkxqpkekbZUl] HkhyokMkA -
--foi{kh
mifLFkr %
Jh fprjatu ikaMs]vf/koDrk&izkFkhZ dh vksj lsA -
Jh vkj-lh-pspk.kh]vf/koDrk&foi{kh dh vksj lsA
fnukad % 13-08-2024
izkFkhZ Jfed us foi{kh ds fo:) lsok i`Fkddj.k ckcr viuk fookn lqyg vf/kdkjh ,oa lgk;d Je vk;qDr
¼dsUnzh;½] vtesj ds le{k is'k fd;k] tgka dksbZ le>kSrk ugha gksus ds dkj.k lqyg vf/kdkjh }kjk fnukad 5-1-2015 dks
viuk fookn bl U;k;ky; ds le{k is'k djus ds funsZ'k izkFkhZ dks fn;s x;sA rRi'pkr~ izkFkhZ us vkS|ksfxd fookn vf/kfu;e
1947 ¼ftls iapkV esa vkxs vf/k0 1947 ls lEcksf/kr fd;k tk;sxk½ dh /kkjk 2 ¼,½ ds rgr ;g fookn bl U;k;ky; ds
le{k is'k fd;kA
rRi'pkr~ Je ea=ky;]Hkkjr ljdkj us vkns'k dzekad &L-27012/12/2015-IR[M] fnukad 8-4-2015 ds }kjk
vxzfyf[kr fookn bl U;k;ky; dks vf/kfu.kZ;kFkZ izsf"kr fd;k&
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4921
Whether the action of the management of M/s. Hindustan Zink Ltd.,Rampura Agucha Mines, Bhilwara in
terminating the services of Sh.Om puri S/o Sh. Arjun Puri w.e.f.20.5.2011 is legal and justified? if not, what relief the
workman is entitled to?
izkFkhZ dh vksj ls izLrqr Dyse izkFkZuk i= esa ;g vafdr fd;k x;k gS fd mldk p;u foi{kh }kjk [kku
vf/k0]1952 ds rgr p;u lfefr }kjk crkSj pkSdhnkj fd;k x;k rFkk mlus fnukd 2-2-1989 ls foi{kh laLFkku esa dk;Z
djuk izkjaHk fd;kA rRi'pkr~ mls xks;y dULVªzD'ku daiuh o blds ckn ,e-,y-xqIrk dULV~zD'ku da0 daiuh ds funsZ'ku esa
dk;Z gsrq LFkkukarfjr fd;k x;kA tgka mluas 19-5-2011 rd dke fd;kA mls fnukd 20-5-2011 dks lsok i`Fkd dj fn;k
x;kA vf/k0 1947 dh /kkjk 25&ch ds rgr mldk fu;kstu ^fu;fer fu;kstu^ dh rkjhQ esa vkrk gSA mldk b-ih-,Q- ua0
vkjts@ 1272@1023714 gSA [kku esa dk;Z djus gsrq Bsdsnkj o vU; daifu;ka varjky ls cnyrh jgrh gSA Bsdsnkj dsoy
lqijokbZj gh gS] fu;kstd ugha gSA ekLVj daiuh gh fu;kstd gSA mls ;wfu;u dh lnL;rk xzg.k djus ds dkj.k }s"krko'k
fnukd 20-5-2011 ls dk;Z ij ugha fy;k x;kA izkFkhZ us leLr osru ifjykHkksa lfgr iqu% lsok esa iqu% fu;ksftr djokus dk
fuosnu fd;kA
foi{kh dh vksj ls tokc is'k dj tkfgj fd;k x;k fd mUgksaus izkFkhZ dks dHkh Hkh fu;ksftr ugha fd;kA izkFkhZ us
'kkafrLo:i dULVªzD'ku daiuh o /kulkj daiuh ds funsZ'ku esa dk;Z djuk crk;k gS] ysfdu mDr daiuh ekeys esa i{kdkj
ugha gSA dsUnz ljdkj us izkFkhZ o foi{kh ds e/; fu;kstd ,oa fu;ksftrh ds laca/k ugha ekudj i{kdkjksa ds e/; dksbZ
vkS|ksfxd fookn vfLrRo esa gksuk ugha ekuk gS] ftls izkFkhZ us pqukSrh ugha nh gSA Dyse izkFkZuk i= [kkfjt djus dh izkFkZuk
dh xbZA
izkFkhZ dh vksj ls lk{; esa , M 1 vkse iqjh ds 'kiFki= ij c;ku ntZ djok;s x;sA
foi{kh dh vksj ls dksbZ lk{; is'k ugha dh xbZA
cgl vafre lquh xbZA i=koyh dk /;kuiwoZd voyksdu fd;k x;kA
cgl ds nkSjku vf/koDrk izkFkhZ us Dyse izkFkZuk i= esa mYysf[kr rF;ksa dks nksgjkrs gq, okafNr vuqrks"k fnykus dk
fuosnu fd;kA
blds foijhr foi{kh ds vf/koDrk us ;g crk;k fd izkFkhZ mudk Jfed ugha FkkA izkFkhZ o foi{kh ds e/;
Jfed&fu;kstd ds laca/k ugha jgs gSaA
geusa laiw.kZ i=koyh dk v/;;u fd;k vkSj fopkj fd;kA
loZizFke ;gka ;g ns[kuk gS fd D;k izkFkhZ o foi{kh ds e/; Jfed& fu;kstd ds laca/k jgs gSa\
bl laca/k esa U;kf;d n`"Vkar 2013 ,y ,y vkj ist 11 ¼iatkc ,aM gfj;k.kk½ efgUnzk ,aM efgUnzk cuke ihBklhu
vf/kdkjh mYys[kuh; gS] ftlesa eku- mPp U;k;ky; }kjk ;g vfHkfu/kkZfjr fd;k x;k gS fd ;fn deZpkjh lh/ks :i ls
Bsdsnkj ds v/khu dk;Z djrk gS rks ml ij lafonk Je ¼fofu;eu ,oa mRlknu½ vf/k0] 1970 ykxw gksxk ,oa Jfed o
fu;kstd ds lca/k LFkkfir djus dk Hkkj deZdkj ij gksxkA
bl laca/k esa gLrxr izdj.k ij fopkj djas rks izkFkhZ us vius Dyse izkFkZuki= esa ;g dgk gS fd mls foi{kh }kjk
pkSdhnkj ds in ij p;fur dj fu;kstu esa j[kk x;k&rRi'pkr~ fgUnqLrku ftad fy0 ds funsZ'ku esa dk;Z gsrq mls
LFkkukarfjr fd;k x;kA blds ckn xks;y dULVªzD'ku daiuh o blds ckn ,e-,y-xqIrk dULV~zD'ku da0 daiuh ds funsZ'ku esa
dk;Z djus ds fy, LFkkukarfjr fd;k x;kA foi{kh dh vksj ls dh xbZ ftjg esa xokg us ;g Li’V :i ls dgk gS fd og
xks;y dULVªzD'ku daiuh o ,e-,y-xqIrk dULVªzD'ku da0 daiuh dks ugha tkurk gS] mls osru dk Hkqxrku fgUnqLrku ftad
ds }kjk fd;k tkrk FkkA xokg us ftjg esa ;g Hkh dgk gS fd mlds ikl fgUnqLrku ftad dk xsVikl o fu;qfDr i= ugha
gSA bl izdkj izkFkhZ vius ikl foi{kh dk dksbZ fu;qfDr i= o xsVikl ugha gksuk Li’V :i ls Lohdkj djrk gSA izkFkhZ dh
vksj ls foi{kh ds ;gka vius fu;kstu dks lkfcr djus ds fy, Lo;a ds 'kiFki= ds vfrfjDr ys'kek= Hkh nLrkosth lk{;
is'k ugha dh xbZ gSA nLrkosth lk{; ds :i esa izkFkhZ dh vksj ls izn'kZ 1 vlQy okrkZ izfrosnu o lqyg vf/kdkjh]vtesj
}kjk tkjh izn'kZ 2]tks /kkjk 2&, dk izek.ki= gS] dks vo'; iznf'kZr djok;k x;k gS] ftuesa Hkh izkFkhZ }kjk foi{kh ds v/khu
fu;ksftr gksdj dke djus dk dksbZ vadu ugha gSA ,slh fLFkfr esa izkFkhZ }kjk izLrqr mDr nLrkostkr ls Hkh izkFkhZ dks dksbZ
lgk;rk ugha feyrh gSA
4922
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
izkFkhZ ds }kjk vius Dyse izkFkZuki= esa fd;s x;s vfHkopuksa ds leFkZu esa nLrkosth lk{; ds :i esa foi{kh }kjk
tkjh fu;qfDri=] foi{kh }kjk tkjh xsVikl ;k foi{kh }kjk tkjh is&Lyhi vkfn dksbZ Hkh ,sls nLrkost is'k ugha fd;k gS]
ftlls mlds dFkuksa ij fo'okl fd;k tk ldsA izkFkhZ dks ;fn foi{kh fgUnqLrku ftad }kjk fu;ksftr fd;k x;k gksrk rks
mlds }kjk is&Lyhi ;k Lo;a ds cSad [kkrs dh iklcqd vkfn is'k dj ;g lkfcr djok;k tk ldrk Fkk fd mls foi{kh
}kjk gh fu;ksftr fd;k x;k gS rFkk os gh mls osru nsrs Fks] ysfdu izkFkhZ dh vksj ls ,slk dqN Hkh ugha fd;k x;k gSA ,slh
fLFkfr esa izkFkhZ }kjk ek= ekSf[kd :i ls ;g dg nsus ls fd mls foi{kh fgUnqLrku ftad us fu;ksftr fd;k] dks lR; ,oa
fo'oluh; ugha ekuk tk ldrk gSA xkSjryc gS fd Lo;a izkFkhZ us vius Dyse izkFkZuk dh en la0 ,d esa gh ;g vafdr
fd;k gS fd mls xks;y dULVªzD'ku daiuh o ckn esa ,e-,y-xqIrk dULV~zD'ku da0 daiuh ds funsZ'ku esa dk;Z gsrq LFkkukarfjr
fd;k x;k] ftlls Hkh ;g ekuk tk ldrk gS fd izkFkhZ us mDr Bsdsnkj daiuh ds v/khu o muds funsZ'ku esa gh foi{kh ds
;gka dqN le; rd dke fd;k gksxk] ysfdu izkFkhZ us mlds }kjk crkbZ tk jgh djhc 22 o"kZ dh yEch vof/k rd foi{kh
ds fu;kstu esa dk;Z fd;k gks vkSj mlds ikl fu;kstu ds lac/k esa dksbZ nLrkost ugha gks] ,slk laHko ugha ekuk tk ldrk
gSA
Lo;a izkFkhZ ds vfHkopuks ls gh ;gh izdV gks jgk gS fd izkFkhZ us vU; Bsdsnkj daifu;ks&xks;y dULVªzD'ku daiuh
o ,e-,y-xqIrk dULVªzD'ku da0 daiuh ds ek/;e ls dqN le; rd foi{kh laLFkku eas dk;Z fd;k gksxk rFkk mlus lh/ks rkSj
ij foi{kh ds v/khu dk;Z fd;k gks] ,slk lkfcr ugha ik;k tkrk gSA izkFkhZ dks foi{kh ds }kjk lh/ks rkSj ij osru Hkqxrku
fd;k tkuk Hkh lkfcr ugha ik;k tkrk gSA izkFkhZ dh vksj ls foi{kh laLFkku ds lh/ks fu;a=.k ,oa i;Zos{k.k esa dk;Z djus ds
laca/k esa Lo;a dh ekSf[kd lk{; ds vfrfjDr vU; dksbZ nLrkosth lk{; Hkh izLrqr ugha dh gSAa vr% izLrqr lk{; ls izkFkhZ
dks foi{kh ds izR;{k fu;kstu esa fu;ksftr gksuk ugha ekuk tk ldrk gSA izkFkhZ }kjk ,slh dksbZ lk{; is”k ugha dh xbZ gS
ftlls izkFkhZ o foi{kh ds e/; Jfed&fu;kstd dk laca/k LFkkfir gksuk izdV gksrk gks A ,slh fLFkfr esa esjs fouez er esa
gLrxr izdj.k esa U;kf;d n`"Vkar 2013 ,y ,y vkj ist 11 ¼iatkc ,aM gfj;k.kk½ efgUnzk ,aM efgUnzk cuke ihBklhu
vf/kdkjh iw.kZr% ykxw gksrk gSA
gLrxr izdj.k esa U;kf;d n`’Vkar 2011 ,y ,y vkj ist 113 ¼,l-lh-½ tujy eSustj ¼vks ,l Mh½] caxky
ukxiqj dkWVu feYl] jktukanxkao cuke Hkjryky oxSjg mYys[kuh; gS] ftlesa eku0 mPpre U;k;ky; us ;g vfHkfu/kkZfjr
fd;k gS fd deZpkjh rFkk fu;ksDrk ds laca/k LFkkfir gksus ds fy, ;g vko”;d gS fd deZpkjh U;k;ky; esa ;g lkfcr djs
fd mls lh/ks daiuh ls osru feyrk Fkk] u fd Bsdsnkj ls] ysfdu gLrxr izdj.k esa izkFkhZ us ,slk dksbZ lcwr is”k ugha
fd;k gS ftlls ;g lkfcr gks lds fd mls foi{kh ls osru feyrk gksA
U;kf;d n`’Vkar 2014 ,y ,y vkj ist 753 ¼jkt0½ ?khlk [kka cuke Je U;k;ky; ,oa vkS|ksfxd U;k;kf/kdj.k]
vtesj oxSjg esa eku0 mPp U;k;ky; us ;g vfHkfu/kkZfjr fd;k gS fd deZdkj rFkk fu;kstd ds e/; deZdkj&fu;kstd
dk laca/k Fkk] bl rF; dks lkfcr djus dk Hkkj deZdkj ij gSA izkFkhZ dh vksj ls foi{kh }kjk tkjh dksbZ fu;qfDri=]
is&Lyhi vkfn is”k ugha dh xbZ gS] ftlls mldk foi{kh ls Jfed&fu;kstd dk laca/k LFkkfir gksuk lkfcr gksrk gksA
fopkjk/khu ekeys esa izLrqr lk{; ls izkFkhZ] foi{kh ls deZdkj ,oa fu;kstd dk laca/k LFkkfir gksuk lkfcr djus esa vlQy
jgk gSA
gLrxr izdj.k esa U;kf;d n`’Vkar 2018 ,y ,y vkj ist 515 Hkkjr gsoh bysDVªhdy fy0 cuke egsUnz izlkn o
vU; Hkh mYys[kuh; gS] ftlesa esa eku0 mPpre U;k;ky; us ;g vfHkfu/kkZfjr fd;k gS fd deZpkjh rFkk fu;ksDrk dk laca/k
ns[kus ds fy, 6 ckrsa gksuk vko”;d gS] ftlesa 1&deZpkjh dks dkSu fu;qDr djrk gS] 2&deZpkjh dks osru vkfn dkSu nsrk
gS] 3&deZpkjh dks inP;qr djus dk vf/kdkj fdlds ikl gS] 4&deZpkjh ds fo:) vuq”kklukRed dk;Zokgh dkSu dj
ldrk gS] 5& lsok dh fujarjrk rFkk 6&deZpkjh ij fu;a=.k ,oa i;Zos{k.k dkSu djrk gSAa
foospu ds nkSjku ;g lkfcr ekuk x;k gS fd izkFkhZ dks foi{kh }kjk u rks fu;ksftr fd;k x;k] u mls osru
foi{kh }kjk fn;k tkrk FkkA vr% mDr U;kf;d n`’Vkar 2018 ,y ,y vkj ist 515 Hkkjr gsoh bysDVªhdy fy0 cuke
egsUnz izlkn o vU; ds ifjis{; esa Hkh izkFkhZ o foi{khx.k ds e/; Jfed&fu;kstd dk laca/k LFkkfir gksuk ugha ekuk tk
ldrkA
izkFkhZ us fu;kstu ds laca/k esa ys'kek= Hkh nLrkosth lk{; is'k ugha dh gS rFkk esjs er esa bl laca/k esa ek= izkFkhZ
dk 'kiFki= gh i;kZIr ugha gSA ,slh fLFkfr esa izkFkhZ dk fu;kstu vf/k0 1947 dh /kkjk 25&ch ds rgr ^fu;fer fu;kstu^
gksuk Hkh lkfcr ugha ekuk tk ldrk gSA
bl laca/k esa foi{kh la0 ,d dh vksj ls izLrqr U;kf;d n`’Vkar 2013 ,y ,y vkj ist 927 ¼bykgkckn½ ;w-ih-LVsV
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4923
osvjgkmflax dkiksZjs”ku oxSjg cuke ihBklhu vf/kdkjh oxSjg mYys[kuh; gS] ftlesa eku- mPp U;k;ky; us ;g
vfHkfu/kkZfjr fd;k gS fd fof/k dk ;g lqLFkkfir fl)kar gS fd tks deZdkj Dyse is”k djrk gS mlh dks viuk Dyse lkfcr
djuk gksrk gS vkSj bl rF; dks ekSf[kd ,oa nLrkosth lk{; ls lkfcr fd;k tk ldrk gS] ysfdu izkFkhZ ;g lkfcr djus
esa iw.kZr% vlQy jgk gS fd mlus lsok i`Fkddj.k dh frfFk ls iwoZ ds dyS.Mj o’kZ esa foi{kh ds fu;fer Jfed ds :i esa
240 fnu ;k blls vf/kd fnolksa rd dk;Z fd;kA ;fn mlus foi{kh ds v/khu dk;Z fd;k gS rks og Bsdsnkj ds v/khu
fd;k gSA gLrxr ekeys esa rks izkFkhZ o foi{kh ds e/; Jfed&fu;kstd ds laca/k gksuk gh lkfcr ugha ik;k x;k gSA ,slh
fLFkfr esa foi{kh ds }kjk izkFkhZ dks fnukad 20-5-2011 ls lsok ls i`Fkd djuk laHko Hkh ugha ekuk tk ldrk gSA
mijksDr foospu ,oa izLrqr U;kf;d n`’Vkarksa ds ifjis{; esa izkFkhZ o foi{kh ds e/; Jfed&fu;kstd ds laca/k
LFkkfir ugha jgs gSa rFkk mls foi{kh ds }kjk fnukad 20-5-2011 ls lsok ls i`Fkd ugha fd;k x;k gSA vr% og dksbZ vuqrks"k
izkIr djus dk vf/kdkjh ugha gSA
vr% dsUnz ljdkj }kjk izsf"kr fookn dk mRrj bl izdkj fn;k tkrk gS fd&
vr% ;g vkns'k fn;k tkrk gS fd izkFkhZ Jh vkse iqjh o foi{kh ds e/; Jfed& fu;kstd ds laca/k ugha jgs gSaA
izkFkhZ dks foi{kh us fnukad 20-5-2011 dks lsok ls i`Fkd ugha fd;k gSA izkFkhZ foi{kh ls dksbZ jkgr izkIr djus dk vf/kdkjh
ugha gSA
iapkV vkt fnukad 13-08-2024 dks [kqys U;k;ky; esa lquk;k x;kA
lq”khy dqekj “kekZ] U;k;k/kh'k]
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2091.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
अल्राटेक सीमेंट मेससि आदित् सीमेंट वतसि; मेससि िगिीि रेंसडंग कंृनी जलजमटेड के प्रबंितंत्र के संबद्ध जन ोिकों और
सीमेंट वतसि एम्प्लाइि ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल ,
भीलवाड़ा, ृंचाट (ररफरेन्स न. 10/2016) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री
सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-29012/23/2016-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2091.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 10/2016) of the Central Government Industrial
Tribunal cum Labour Court, Bhilwada as shown in the Annexure, in the Industrial dispute between the employers
in relation to UltraTech Cement M/s Aditya Cement Works; M/s Jagdish Trading Company Limited and
4924
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
Cement Works Employees Union which was received along with soft copy of the award by the Central
Government on 07.11.2024.
[No. L-29012/23/2016-IR(M)]
DILIP KUMAR, Under Secy.
ihBklhu vf/kdkjh%
¼ftyk U;k;k/kh'k laoxZ½-
izdj.k la[;k % 10 lu~ 2016 ,y lh vkj
egkea=h] lhesaV oDlZ ,EiykbZt ;wfu;u] -
vuqjkx lnu] pansfj;k] ftyk& fprkSMx<A
--izkFkhZ
1- izca/kd] vYVªkVsd lhesaV] eS0 vkfnR; lhesaV oDlZ] - -
lkok&'kaHkwiqjk] ftyk&fprkSMx<A
2- eS0 txnh'k VªsfaMx daiuh fy0] }kjk&vYVªkVsd vYV lhesaV] - -
- eS0 vkfnR; lhesaV oDlZ] lkok&'kaHkwiqjk] ftyk&fprkSMx<A - -
--foi{khx.k
mifLFkr %
Jh ih-,y- Jhekyh] vf/koDrk&izkFkhZ ;wfu;u dh vksj lsA -
Jh vkj-,l-pkSgku] vf/koDrk&foi{khx.k dh vksj lsA- -
fnukad 4-9-2024
izkFkhZx.k dks lsok i`Fkd fd;s tkus ds laca/k esa Hkkjr ljdkj dh vf/klwpuk la[;k% ,y&29012@23@2016&
vkbZvkj ¼,e½ fnukad 13-6-2016 ds }kjk vxzfyf[kr fookn bl U;k;ky; dks iszf"kr fd;k x;k&
^D;k izca/kd] vYVªkVsd lhesaV] eS0 vkfnR; lhesaV oDlZ] lkok&'kaHkwiqjk]ftyk&fprkSM ds Bsdsnkj eS0 txnh'k VªsfaMax
da0fy0 }kjk Bsdk Jfedx.k ¼loZ Jh ukjk;.k yky iq= Jh Qmyky ,oa vU; 101 Jfedx.k ¼vuqyXu lwph½ ½ dks ebZ
2014 ls ukSdjh ls gVk;s tkus dh dk;Zokgh oS/k ,oa U;k;ksfpr gS\ ;fn ugha] rks izkFkhZx.k fdl jkgr ds o dc ls ikus ds
gdnkj gSa\^
fookn izkIr gksus ij i{kdkjksa dks uksfVl tkjh dj ryc fd;k x;kA
izkFkhZ ;wfu;u dh vksj ls Dyse izkFkZuk i= izLrqr dj tkfgj fd;k x;k fd ;wfu;u ds lnL; Jfedx.k ls
lacaf/kr ekax ckcr jsQjsUl o"kZ 2011 ls bl U;k;ky; esa yfEcr FksA foi{khx.k }kjk ;wfu;u ds lnL; Jfedksa dks le>kSrs
ds fy, izsfjr dj ,fj;j jkf'k nsus dk vk'oklu nsdj Jfedksa dks bl U;k;ky; esa mifLFkr dj jkthukes ds nLrkost
rS;kj djus ds uke ij rhu&pkj dkxtksa ij gLrk{kj djok dj jkthukek bl U;k;ky; esa is'k djok fn;kA Jfedx.k us
foi{khx.k ij fo'okl dj gLrk{kj dj fn;sA ,fj;j jkf'k ds pSd izkIr djus ds ckn Jfedx.k dk;Z ij mifLFkr gq, rks
mUgsa dke ij ysus ls euk dj fn;k x;kA jkthukes esa Jfedksa dks eqxkyrs esa j[kdj foi{khx.k us "kM;a= iwoZd LoSPNk ls
R;kxi= nsus vkSj xzsP;qVh o vU; ns; jkf'k ds pSd izkIr dj ysuk fy[kdj /kks[ks ls gLrk{kj djok fy;s vkSj ;wfu;u ds
102 lnL;ksa dh lsok,a lekIr dj nh xbZA izkFkhZ ;wfu;u us Jfedx.k dks leLr osru ifjykHkksa lfgr iqu% iwoZ in ij
fu;ksftr djokus dh izkFkZuk dhA
foi{kh la0 ,d dh vksj ls izLrqr tokc esa ^izkjafHkd vkifRr;ka^ ds :i esa ;g vafdr fd;k x;k fd izkFkhZ ;wfu;u
fookn mBkus ds fy, l{ke ,oa vf/kd`r ugha gSA laLFkku dk dksbZ Hkh Jfed izkFkhZ ;wfu;u dk lnL; ugha gSA vfrfjDr
jftLVªkj vkWQ VªsM ;wfu;u }kjk izkFkhZ ;wfu;u dks funsZf'kr fd;k x;k gS fd os viuk dk;Z {ks= pansfj;k dks NksMdj vU;
fdlh {ks= esa fookn ugha mBk,A bl laca/k esa izkFkhZ ;wfu;u us eku0 mPp U;k;ky; esa vihy Hkh is'k dh] tks [kkfjt dh
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4925
tk pqdh gSA vr% izkFkhZ ;wfu;u dks foi{kh laLFkku ds Jfedksa ds lanHkZ esa fookn mBkus dk vf/kdkj ugha gSA izkFkZuki= ds
lkFk layXu lwph esa of.kZr Jfed mRrjnkrk ds fu;kstu esa ugha jgs gSaA izkFkhZ ;wfu;u ds lnL; Jfedksa }kjk bl U;k;ky;
ds le{k mifLFkr gksdj LoSPNk ls izkFkZuki= izLrqr dj vius izdj.k dks yksd vnkyr dh Hkkouk ls izsfjr gksdj
jkthukek izLrqr dj foM~zk dj fy;k x;k gS rFkk foi{kh la0 nks ls laiw.kZ Hkqxrku izkIr dj fy;k gS] ftlls Li"V gS fd os
mRrjnkrk ds Jfed ugha gksdj foi{kh la0 nks ds Jfed gSaA Jfedksa }kjk foi{kh la0 nks Bsdsnkj }kjk izlkfjr LosfPNd
lsokfuo`fr ;kstuk] 2014 dk ykHk mBkrs gq, viuk R;kxi= izLrqr dj laiw.kZ fglkc izkIr fd;k x;k gSA ^dyeokj^ tokc
nsrs gq, tkfgj fd;k x;k fd fookn esa ftu Jfedksa dk mYys[k fd;k x;k gS muesa ls dksbZ Hkh Jfed mRrjnkrk ds
laLFkku esa dk;Zjr ugha gS rFkk muds o Jfedksa ds e/; fu;ksftrh&fu;kstd ds laca/k ugha gSA mRrjnkrk ek= fizalhiy
,EiykW;j gS rFkk foi{kh la0 nks Bsdsnkj ds }kjk gh bu Jfedksa dks fu;ksftr fd;k x;k gSA blh dkj.k ls jsQjsUl esa bu
Jfedksa dks foi{kh la0 nks }kjk gVk;s tkus dk mYys[k gSA Jfedksa ij dksUV~zsDV yscj ¼jsxqys'ku ,aM ,cksfy'ku½ ,DV] 1970
ds izko/kku ykxw gksrs gSa vr% os bl U;k;ky; ls dksbZ jkgr izkIr ugha dj ldrs gSaA mRrjnkrk ds fdlh vf/kdkjh us o"kZ
2011 esa yfEcr izdj.kksa ds lanHkZesa Jfedksa dks izyksHku nsdj le>kSrk djus ds fy, izsfjr ugha fd;k x;kA Dyse izkFkZuk
i= fujLr djus dh izkFkZuk dh xbZA
foi{kh la0 nks dh vksj ls Dyse izkFkZuki= dk tokc izLrqr dj ^izkjafHkd vkifRr;ka^ ds en esa foi{kh la0 ,d
}kjk izkFkhZ ;wfu;u ds lca/k esa yh xbZ vkifRr;ksa dks gqcgw nksgjkrs gq, tkfgj fd;k fd izkFkhZ ;wfu;u dks fookn mBkus dk
vf/kdkj ugha gS rFkk Jfedksa us mRrjnkrk ls le>kSrk dj laiw.kZ fglkc izkIr dj bl U;k;ky; ds le{k mifLFkr gksdj
jkthukek izLrqr dj izdj.k foM~zk dj fy;k gSA lHkh Jfed mRrjnkrk ds gh Jfed gSa rFkk Jfedksa o foi{kh la0 ,d ds
e/; Jfed&fu;kstd ds laca/k ugha jgs gSaA mRrjnkrk ds }kjk izlkfjr LosfPNd lsokfuo`fr ;kstuk dk ykHk mBkrs gq,
Jfedksa us bl U;k;ky; ds le{k mifLFkr gksdj yksd vnkyr dh Hkkouk ls mRrjnkrk ds le{k R;kxi= izLrqr dj r;
'kqnk jkf'k crkSj laiw.kZ fglkc izkIr dj yh gSA izdj.kksa dks jkthukes ds vk/kkj ij bl U;k;ky; }kjk fof/k vuqlkj
fuLrkfjr fd;k x;k gSA foi{kh la0 ,d us Jfedksa dks fu;ksftr ugha fd;k gSA LosfPNd lsokfuo`fr ;kstuk esa Hkkx ysus ds
ckn fu;kstd ,oa fu;ksftrh ds laca/k lekIr gks tkrs gSa ,oa bl rjg ds Jfed vf/k0] 1947 ds rgr Jfed dh rkjhQ esa
ugha vkrs gSaA dyeokj tokc ds en esa tkfgj fd;k x;k fd izLrqr jsQjsUl ls gh Li"V gS fd Jfed ds foi{kh la0 ,d
fiazlhiy ,EiykW;j gSa rFkk mRrjnkrk us gh bUgsa fu;ksftr fd;k gSA Jfedx.k dksUV~zsDV yscj ¼jsxqys'ku ,aM ,cksfy'ku½
,DV] 1970 ls 'kkflr gksus ls os vf/k0 1947 ds rgr ykHk izkIr ugha dj ldrs gSaA yafcr izdj.kksa esa bl U;k;ky; }kjk
ikfjr iapkV ds fo:) fdlh rjg dh dksbZ fjV ;kfpdk is'k ugha fd;s tkus ls bl U;k;ky; }kjk ikfjr iapkV vafre gSaA
izkFkhZx.k us vius vf/koDrk dh mifLFkfr esa jkthukes ij gLrk{kj fd;s gSaA Dyse izkFkZuki= fujLr djus dh izkFkZuk
dh xbZ A
izkFkhZ ;wfu;u dh vksj ls lk{; esa ,M 1 dkywjke] , M 2 jkeyky o , M 3 nsoh flag ds 'kiFki= ij c;ku ntZ
djok;s x;s A
foi{kh la0 ,d dh vksj ls lk{; esa ,u , M 1 eqds'k dqekj ds o foi{kh la0 nks dh vksj ls vt; fla?koh ds
'kiFki= ij c;ku ntZ djok;s x;s A
geusa nksuksa i{kksa dks lquk ,oa laiw.kZ i=koyh dk v/;;u fd;kA foi{khx.k dh vksj ls fyf[kr cgl Hkh is”k dh
xbZA
cgl ds nkSjku izkFkhZ ;wfu;u ds vf/koDrk us izkFkZuk i= esa mYysf[kr rF;ksa dks nksgjkrs gq, okfNr vuqrks"k iznku
fd;s tkus dk fuosnu fd;kA blds foijhr foi{khx.k ds vf/koDrk us Hkh cgl ds nkSjku muds vfHkopuksa esa mYysf[kr
rF;ksa dks nksgjkrs gq, Dyse izkFkZuki= [kkfjt djus dh izkFkZuk dhA
izkFkhZ ;wfu;u us muds lnL; Jfedx.k dk fu;kstu foi{khx.k ds ;gka gksuk crk;k gSA foi{kh la0 ,d us Hkh
vius tokc esa dgk fd Jfedx.k mRrjnkrk ds fu;kstu esa ugha jgs gSa] os foi{kh la0 nks ds Jfed FksA lHkh Jfedx.k us
bl U;k;ky; ds le{k mifLFkr gksdj LoSPNk ls izkFkZuki= izLrqr dj vius izdj.k dks yksd vnkyr dh Hkkouk ls izsfjr
gksdj jkthukek izLrqr dj foM~zk dj fy;k rFkk foi{kh la0 nks ls laiw.kZ Hkqxrku Hkh izkIr dj fy;k gSA foi{kh la0 nks
txnh'k V~zsfMax da0 us Hkh foi{kh la0 ,d ds dFkuks dks vius tokc esa Lohdkj djrs gq, lHkh Jfedx.k dk muds ;gka
fu;ksftr gksus o bl U;k;ky; ds le{k LosPNk ls mifLFkr gksdj jkthukek izLrqr dj izdj.k foM~zk dj ysuk dgk gSA bl
rF; dks Lo;a izkFkhZ ;wfu;u ds egkea=h ,M 1 dkywjke us viuh ftjg esa Hkh Lohdkj fd;k gS rFkk ;g dgk gS fd ;g
lgh gS fd izkFkhZx.k txnh'k V~zsfMax da0 ds Jfed gS] lHkh Jfedx.k dksVZ esa mifLFkr gq, Fks] pSd dk Hkqxrku muds [kkrs
esa tek gqvk FkkA ftjg esa ;g xokg fdl& fdl nLrkost ij gLrk{kj djk;s x;s] bldh tkudkjh ugha gksuk o bldh
dgha f'kdk;r ugha djuk Hkh viuh ftjg esa Lohdkj djrk gSA xokg us Hkqxrku muds [kkrs esa tek gksuk Hkh Lohdkj fd;k
gSA bl izdkj izkFkhZ ;wfu;u ds egkea=h dkywjke dh mDr lk{; ls gh ;g rks tkfgj gksrk gS fd Jfedx.k foi{kh la0 nks
txnh'k V~zsfMax daiuh ds Jfed Fks rFkk lHkh Jfedx.k us U;k;ky; ds le{k mifLFkr gksdj pSd ds tfj;s jkf'k Hkh izkIr
dj yh FkhA gkykafd ;wfu;u dk ;g xokg bl rF; ls budkj djrk gS fd eq-ua- 3 yxk;r 127 dk laiw.kZ fglkc izkIr
dj fy;k gks]cfYd ;g xokg ,fj;j jkf'k izkIr djuk dgrk gSA
blh rjg izkFkhZ ;wfu;u dk nwljk xokg , M 2 jkeyky Hkh txnh'k VªsfaMax daiuh ls LosPNk ls bLrhQk nsuk]
lsokeqfDr dk laiw.kZ fglkc izkIr dj ysuk] bl U;k;ky; esa jkthukek is'k djuk o laiw.kZ jkf'k izkIr dj ysus ls viuh
4926
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
ftjg esa budkj djrk gS] ysfdu ;g xokg bl U;k;ky; ds fu.kZ; dh tkudkjh gksuk o foi{kh txnh'k VªsfaMax daiuh ls
bl U;k;ky; esa pSd izkIr gqvk mldk Hkqxrku jkth[kq'kh izkIr dj ysuk o bl U;k;ky; ds vkns'k ds fo:) dksbZ fjV
;kfpdk is'k ugha djuk Hkh viuh ftjg esa Lohdkj djrk gSA bl xokg us izn'kZ ,e 69 mldk Lo;a dk 'kiFki= gksuk o
bl ij mlds gLrk{kj gksuk Hkh Lohdkj fd;k gSA bl izdkj ;g xokg Hkh foi{kh txnh'k V~zsfMax daiuh ls LosPNk ls pSd
LosPNk ls izkIr dj Hkqxrku izkIr dj ysuk o izn'kZ ,e 69 mldk Lo;a dk 'kiFki= gksuk Lohdkj djrk gSA blh rjg
izkFkhZ ;wfu;u dk xokg , M 3 nsohflag Hkh viuh ftjg esa HkhyokMk U;k;ky; esa mls pSd feyuk] pSd dk Hkqxrku izkIr
dj ysuk]HkhyokMk esa tks le>kSrkgqvk mldk pSd dksVZ ds lkeus izkIr djuk Li"V :i ls Lohdkj djrk gSA bl izdkj
izkFkhZ ;wfu;u ds mDr xokgku U;k;ky; ds le{k LosPNk ls U;k;ky; ds lkeus pSd izkIr djuk o mldk Hkqxrku izkIr
dj ysuk Lohdkj djrs gSaA
bl laca/k esa foi{kh xokg ,u , M 1 eqds'k us Hkh viuh ftjg esa dgk gS fd fnukd 2-5-2014 dks bl U;k;ky;
esa izLrqr jkthukeks ds le; og ekStwn ugha Fkk] cfYd laLFkkuds vU; vf/kdkjh ekStwn FksA bl xokg ds dFkuksa esa dksbZ
foijhr rF; lkeus ugha vk;kgSA Jfedx.k dk bl U;k;ky; esa mifLFkr gksuk o LosPNk ls pSd izkIr dj Hkqxrku izkIr
dj ysuk Lo;a izkFkhZ ;wfu;u ds xokgku us gh viuh ftjg esa Lohdkj fd;kgSA foi{kh la0 2 txnh'k V~zsfMax daiuh ds xokg
,u , M 2 vt; fla?koh us Hkh viuh ftjg esa Jfedx.k ds ,fj;j laca/kh eqdnes ugha pyuk o ,fj;j dh dksbZ jkf'k
cdk;k ugha gksuk dgk gS rFkk ;g Hkh dgk fd djhc 120&125 Jfedksa us oh-vkj-,l- fy;k Fkk] oh-vkj-,l- vkosnu izkIr
gksus ds ckn Jfedksa ls R;kxi=] Qqy ,aM QkbZuy Hkqxrku] xszP;qVh QkeZ vkfn dqy 4&5 i`"Bksa ij gLrk{kj djok;s FksA
leLr gLrk{kj bl U;k;ky; ds le{k djok;s FksA bl xokg dh lk{; esa Hkh dksbZ foijhr rF; lkeus ugha vk;k gSA
mDr lexz lk{; ds voyksdu ,oa fo'ys"k.k ls ;g Li"V gksrk gS fd izkFkhZ ;wfu;u ds lnL;x.k us bl U;k;ky;
ds le{k mifLFkr gksdj LosPNk ls muds izdj.kksa esa jkthukek dj U;k;ky; ds lkeus pSd izkIr fd;sA foi{khx.k ds
dFkuksa dh iqf"V i=koyh esa miyC/k nLrkost izn'kZ ,e 3 yxk;r izn'kZ ,e 75 ls Hkh gksrh gSA ftuds }kjk izkFkhZ ;wfu;u
ds lnL; Jfedx.k }kjk vius&vius R;kxi= o vkosnu foi{kh la0 nks txnh'k V~zsfMax daiuh dks izLrqr fd;s x;sA bl
laca/k esa i{kdkjksa ds e/; vf/kd fookn Hkh ugha gS D;ksafd U;k;ky; ds le{k izkFkhZ ;wfu;u ds lnL;x.k dk mifLFkr gksdj
pSd izkIr dj Hkqxrku izkIr djuk Lo;a izkFkhZ ;wfu;u dh lk{; ls gh Li"V gSA bl izdkj LoSPNk ls U;k;ky; ds le{k
mifLFkr gksdj pSd izkIr dj mldk Hkqxrku izkIr dj ysuk rks ,d Lohd`r rF; gSA vr% bl laca/k esa vf/kd foospu dh
vko';drk ugha gSA
odhy izkFkhZ dk eq[; rdZ ;g jgk gS fd izkFkhZx.k dks /kks[ks esa j[k dj nLr[kr djok;s x;s gSa mUgksaus LosPNk ls
jkthukek is'k ugha fd;k gS] ysfdu eSa odhy izkFkhZ ds mDr rdZ ls lger ugha gwa D;ksafd tSlkfd foospu ds nkSjku ekuk
tk pqdk gS fd izkFkhZx.k us LosPNk ls U;k;ky; ds le{k mifLFkr gksdj U;k;ky; esa jkthukek is'k dj laiw.kZ fglkc dk
pSd izkIr dj mldk Hkqxrku Hkh izkIr dj fy;k gSA bl rF; dks Lo;a izkFkh ;wfu;u ds xokgku , M 2 o , M 3 us Hkh
viuh ftjg esa Lohdkj fd;k gSA izkFkhZ ;wfu;u dh lk{; ls ;g Hkh Li"V gqvk gS fd mUgksaus bl U;k;ky; ds le{k ;k
vU; dgha ,slh dksbZ f'kdk;r ugha dh fd mUgksaus jkthukek LosPNk ls ugha fd;k gksA lexz lk{; ds voyksdu ,oa
fo'ys"k.k ls ;g ik;k x;k gS fd izkFkhZ ;wfu;u ds lnL;x.k us foi{kh la0 nks txnh'k V~zsfMx daiuh ds le{k LosPNk ls
R;kxi= is'k fd;k gSA xkSjryc gS fd vkns'k 23 fu;e 3&, lh-ih-lh- ds rgr jkthukes ds vk/kkj ij ikfjr fMdzh dks
vyx ls nkok is'k djds pqukSrh ugha nh tk ldrh gSA Jh lw;kZ MsoysilZ ,aM izkseksVlZ cuke ,u 'kSys'k izlkn okys ekeys
ds vuqlkj Hkh jkthukes ds vk/kkj ij fMdzh dks i`Fkd okn esa pqukSrh ugha nh tk ldrh gSA
eku0 mPpre U;k;ky; us Hkh U;kf;d n`"Vkar 2011 ,y ,y vkj ist 1009 eku flag cuke ek:fr lqtqdh
bfM;k fy0 o vU; esa ;g izfrikfnr fd;k gS fd Jfed us LoSfPNd lsokfuo`fr ;kstuk ds rgr laiw.kZ cdk;k jkf'kdk
fodYi pqukl gS vkSjLohdkj dj fy;k gS vkSj ckn esa og voS/kkfud lsok i`Fkdddj.k ds :i esa pqukSrh nsuk pkgrk gS rks
mls oh-vkj-,l- ds rgr Lohdkj dh xbZ vkSj izkIr dh xbZ jkf'k okil djuh gksxhA mDr U;kf;d n`"Vkar gLrxr ekeys esa
iw.kZr% ykxw gksrk gSA mDr U;kf;d n`"Vkar ds ifjis{; esa Hkh izkFkhZ ;wfu;u ds lnL;x.k dksbZ jkgr izkIr ugha dj ldrs gSaA
ekeys esa izkFkhZ ;wfu;u dh vksj ls izLrqr nLrkostkr& izn'kZ 2 yxk;r izn'kZ 12 jkT; ljdkj }kjk iwoZ esa isf"kr
vf/klwpuk] izn'kZ 14 yxk;r izn'kZ 19 iwoZ esa bl U;k;ky; dks izsf"kr jsQjsUl esa lacaf/kr izkFkhZ dh vksj ls izLrqr Dyse
izkFkZuki= dh izfr;ka] izn'kZ 20 dsUnz ljdkj }kjk t;iqj fLFkr dsUnzh; U;k;kf/kdj.k dks izsf"kr jsQjsUl dh izfr] izn'kZ 22
t;iqj fLFkr dsUnzh; U;k;kf/kdj.k dh vknsf'kdkvksa dh izfr gS] ftl laca/k esa foi{kh us vlgefr O;Dr ugha dh gS rFkk
izLrqr nLrkostkr Lohd`r nLrkost gSaA vr% buds laca/k esa foospu dh vko';drk ugha gS rFkk os ekeys esa lqlaxr Hkh ugha
gS D;ksafd gLrxr ekeys esa rks ;g lkfcr ik;k x;k gS fd izkFkhZ ;wfu;u ds lnL;x.k us LoSPNk ls laiw.kZ fglkc izkIr dj
foi{kh la0 nks ds le{k vius&vius R;kxi= izLrqr dj LoSPNk ls lsokvksa dk ifjR;kx fd;k gSA
mDr lexz foospu ls ;g ik;k tkrk gaS fd izkFkhZ ;wfu;u ds lnL; Jfedksa }kjk LosPNk ls foi{kh la0 nks ds
le{k R;kxi= izLrqr fd;k x;k& rRi'pkr~ viuk laiw.kZ fglkc Hkh izkIr dj LosPNk ls lsokvksa dk ifjR;kx fd;k x;k gSA
,slh fLFkfr esa foi{khx.k }kjk mUgsa lsok ls gVkus ds laca/k esa dh xbZ dk;Zokgh dks voS/k ,oa vuqfpr ugha dgk tk ldrk
gSA vr% izkFkhZ ;wfu;u ds lnL; Jfedx.k foi{khx.k ls dksbZ vuqrks"k izkIr djus dk vf/kdkjh ugha gSA
vr% Hkkjr ljdkj }kjk iszf"kr fookn dk mRrj bl izdkj fn;k tkrk gS&
izca/kd] vYV~zkVsd lhesaV]eS0 vkfnR; lhesaV oDlZ] lkok&'kaHkwiqjk] ftyk&fprkSM ds Bsdsnkj eS0 txnh'k V~zsfMax da0fy0
}kjk Bsdk Jfedx.k ¼loZ Jh ukjk;.k yky iq= Jh Qmyky ,oa vU; 101 Jfedx.k dks ebZ 2014 ls ukSdjh ls gVk;s
tkus dh dk;Zokgh oS/k ,oa U;k;ksfpr gSA
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4927
izkFkhZx.k fdlh jkgr dk ikus ds gdnkj ugha gSaA
iapkV dh izfr Hkkjr ljdkj dks izdk'kukFkZ Hksth tk;sA
iapkV vkt fnukad 4-9-2024 dks [kqys U;k;ky; esa lquk;k x;kA
lq”khy dqekj “kekZ] U;k;k/kh'k
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2092.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री
सरकार सिंिुस्ट्तान स़िंक के प्रबंितंत्र के संबद्ध जन ोिकों और श्री चांिमल, नई सिंक आििि कमिचारी वेलफे र
ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , भीलवाड़ा, ृंचाट
(ररफरेन्स न. 22/2015) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को
सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-27012/15/2015-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2092.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the
Central Government hereby publishes the award (Reference No. 22/2015) of the Central Government
Industrial Tribunal cum Labour Court, Bhilwada as shown in the Annexure, in the Industrial dispute
between the employers in relation to M/s Hindustan Zinc and Shri Chandmal Through New Zinc
Adarsh Employees Welfare Union which was received along with soft copy of the award by the Central
Government on 07.11.2024.
[No. L-27012/15/2015-IR(M)]
DILIP KUMAR, Under Secy.
ihBklhu vf/kdkjh%
¼ftyk U;k;k/kh'k laoxZ½
izdj.k la[;k % 22 lu~ 2015
Jh pkaney iq=- Jh jkefd'ku [kkrh] ¼e`rd½ ds ctk;& -
1-Jherh izse nsoh iRuh pkaney
2-Jh vkse izdk'k iq= Jh pkaney -
3-Jh ukuw iq=h pkaney -
4-uhrw iq=h pkaney
5-'kkafr iq=h pkaney -
fuoklh;ku&bZVfj;k] rg0&Qqfy;kdyk] ftyk&'kkgiqjkA-
}kjk& U;w ftad vkn'kZ deZpkjh osyQs;j ;wfu;u] -
lriky uxj] iks0&vkxqpk] rg0&gqjMk] ftyk&HkhyokMkA
--izkFkhZx.k
4928
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
izca/kd] fgUnqLrku ftad fy-] jkeiqjk&vkxqpk ekbZUl] HkhyokMkA -
--foi{kh
mifLFkr %
Jh fprjatu ikaMs]vf/koDrk&izkFkhZ dh vksj lsA -
Jh vkj-lh-pspk.kh]vf/koDrk&foi{kh dh vksj lsA
fnukad % 13-08-2024
izkFkhZ Jfed pkaney us foi{kh ds fo:) lsok i`Fkddj.k ckcr viuk fookn lqyg vf/kdkjh ,oa lgk;d Je
vk;qDr ¼dsUnzh;½] vtesj ds le{k is'k fd;k] tgka dksbZ le>kSrk ugha gksus ds dkj.k lqyg vf/kdkjh }kjk fnukad 5-1-2015
dks viuk fookn bl U;k;ky; ds le{k is'k djus ds funsZ'k izkFkhZ dks fn;s x;sA rRi'pkr~ izkFkhZ us vkS|ksfxd fookn
vf/kfu;e 1947 ¼ftls iapkV esa vkxs vf/k0 1947 ls lEcksf/kr fd;k tk;sxk½ dh /kkjk 2 ¼,½ ds rgr ;g fookn bl
U;k;ky; ds le{k is'k fd;kA
rRi'pkr~ Je ea=ky;]Hkkjr ljdkj us vkns'k dzekad &L-27012/15/2015-IR[M] fnukad 8-4-2015 ds }kjk
vxzfyf[kr fookn bl U;k;ky; dks vf/kfu.kZ;kFkZ izsf"kr fd;k&
Whether the action of the management of M/s. Hindustan Zink Ltd.,Rampura Agucha Mines, Bhilwara in
terminating the services of Sh.Chandmal S/o Sh. Ramkishan Mali w.e.f.20.5.2011 is legal and justified? if not, what
relief the workman is entitled to?
izkFkhZ dh vksj ls izLrqr Dyse izkFkZuk i= esa ;g vafdr fd;k x;k gS fd mldk p;u foi{kh }kjk [kku
vf/k0]1952 ds rgr p;u lfefr }kjk crkSj dkjisaVj fd;k x;k rFkk mlus fnukd 1-2-1984 ls foi{kh laLFkku esa dk;Z
djuk izkjaHk fd;kA rRi'pkr~ mls ,l-,e- dULV~zD'ku daiuh o blds ckn ukjk;.k dULVªD'ku da0 daiuh ds funsZ'ku esa
dk;Z gsrq LFkkukarfjr fd;k x;kA tgka mluas 19-5-2011 rd dke fd;kA mls fnukd 20-5-2011 dks lsok i`Fkd dj fn;k
x;kA vf/k0] 1947 dh /kkjk 25&ch ds rgr mldk fu;kstu ^fu;fer fu;kstu^ dh rkjhQ esa vkrk gSA [kku esa dk;Z djus
gsrq Bsdsnkj o vU; daifu;ka varjky ls cnyrh jgrh gSA Bsdsnkj dsoy lqijokbZj gh gS] fu;kstd ugha gSA ekLVj daiuh
gh fu;kstd gSA mls ;wfu;u dh lnL;rk xzg.k djus ds dkj.k }s"krko'k fnukd 20-5-2011 ls dk;Z ij ugha fy;k x;kA
izkFkhZ us leLr osru ifjykHkksa lfgr iqu% lsok esa iqu% fu;ksftr djokus dk fuosnu fd;kA
foi{kh dh vksj ls tokc is'k dj tkfgj fd;k x;k fd mUgksaus izkFkhZ dks dHkh Hkh fu;ksftr ugha fd;kA izkFkhZ us
'kkafrLo:i dULVªD'ku daiuh o /kulkj daiuh ds funsZ'ku esa dk;Z djuk crk;k gS] ysfdu mDr daiuh ekeys esa i{kdkj
ugha gSA dsUnz ljdkj us izkFkhZ o foi{kh ds e/; fu;kstd ,oa fu;ksftrh ds laca/k ugha ekudj i{kdkjksa ds e/; dksbZ
vkS|ksfxd fookn vfLrRo esa gksuk ugha ekuk gS] ftls izkFkhZ us pqukSrh ugha nh gSA Dyse izkFkZuk i= [kkfjt djus dh izkFkZuk
dh xbZA
fnukad 24-11-2023 dks izkFkhZ pkaney dh e`R;q gks tkus ds dkj.k mlds okfjlku&izse nsoh] vkse izdk'k] ukuw] uhrw
o 'kkafr dks fjdkMZ ij fy;k x;kA
izkFkhZx.k dh vksj ls vusd volj fn;s tkus ds ckotwn Hkh vius leFkZu esa dksbZ lk{; is'k ugha dh xbZA
foi{kh dh vksj ls Hkh dksbZ lk{; is'k ugha dh xbZA
cgl vafre lquh xbZA i=koyh dk /;kuiwoZd voyksdu fd;k x;kA
cgl ds nkSjku vf/koDrk izkFkhZ us Dyse izkFkZuk i= esa mYysf[kr rF;ksa dks nksgjkrs gq, okafNr vuqrks"k fnykus dk
fuosnu fd;kA
blds foijhr foi{kh ds vf/koDrk us ;g crk;k fd izkFkhZ mudk Jfed ugha FkkA izkFkhZ o foi{kh ds e/;
Jfed&fu;kstd ds laca/k ugha jgs gSaA
geusa laiw.kZ i=koyh dk v/;;u fd;k vkSj fopkj fd;kA
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4929
loZizFke ;gka ;g ns[kuk gS fd D;k pkaney o foi{kh ds e/; Jfed& fu;kstd ds laca/k jgs gSa\
bl laca/k esa gLrxr izdj.k ij fopkj djas rks pkaney us vius Dyse izkFkZuki= esa ;g dgk gS fd mls foi{kh
}kjk dkjisaVj ds in ij p;fur dj fu;kstu esa j[kk&rRi'pkr~ ,l-,e- dULV~zD'ku daiuh o blds ckn ukjk;.k
dULV~zD'ku da0 daiuh ds funsZ'ku esa dk;Z djus ds fy, LFkkukarfjr fd;k x;kA mlus foi{kh ds v/khu fnukad 1-2-1984 ls
19-5-2011 rd dke fd;k rFkk fcuk dksbZ dkj.k crk;s pkaney dks foi{kh us fnukad 20-5-2011 dks lsok ls i`Fkd dj
fn;k] ysfdu bu vfHkdFkuks ds leFkZu esa izkFkhZ pkaney ¼vc e`rd½ vius thoudky esa crkSj xokg vusd volj fn;s
tkus ds ckotwn Hkh U;k;ky; esa gkftj ugha vk;k Fkk vkSj u mlds okfjlku gh crkSj xokg U;k;ky; eas gkftj vk, gSaA
izkFkhZ pkaney dh e`R;q izdj.k ds fopjk/khu jgus ds nkSjku fnukad 24-11-2023 dks gks xbZ gSA vr% ,slh fLFkfr esa mlds
}kjk Dyse izkFkZuki= esa fd;s x;s vfHkopuksa dks fo'oluh; ugha ekuk tk ldrk gS vkSj ;g ekuk tk ldrk gS fd e`rd
pkaney ds okfj;ku Hkh mlds }kjk Dyse izkFkZuki= esa fd;s x;s vfHkopuks ls lger ugha gSA ,slh fLFkfr esa e`rd pkaney
o foi{kh ds e/; Jfed& fu;kstd ds laca/k LFkkfir gksuk Hkh lkfcr ugha ik;k tkrk gSA foi{kh us vius tokc esa Hkh Li"V
:i ls dgk gS fd izkFkhZ muds fu;kstu esa dHkh Hkh dk;Zjr ugha jgk gSA izkFkhZ vius thoudky esa Hkh crkSj xokg vusd
volj fn;s tkus ds ckotwn Hkh U;k;ky; esa gkftj ugha vk;k Fkk vkSj u mlds okfjlku gkftj vk jgs gSA vr% e`rd
pkaney dks foi{kh ds }kjk fnukad 20-5-2011 dks voS/k :i ls lsok ls i`Fkd fd;k tkuk lkfcr ugha ik;k tkrk gSA ,slh
fLFkfr esa e`rd pkaney ds okfjlku dksbZ jkgr izkIr djus dk vf/kdkjh ugha gSA
%% vkns'k %%
vr% mDr foospu ds vk/kkj ij ;g vkns'k fn;k tkrk gS fd e`rd pkaney o foi{kh ds e/; Jfed& fu;kstd
ds laca/k ugha jgs gSa rFkk mls foi{kh us fnukad 20-5-2011 dks lsok ls i`Fkd ugha fd;k FkkA e`rd pkaney ds okfjlku
foi{kh ls dksbZ jkgr izkIr djus ds vf/kdkjh ugha gSaA
iapkV dh izfr dsUnz ljdkj dks izdk'kukFkZ Hksth tk;sA
iapkV vkt fnukad 13-8-2024 dks [kqys U;k;ky; esa lquk;k x;kA
lq”khy dqekj “kekZ] U;k;k/kh'k
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2093.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
मेससि मचाडो एंड संस एिेंट एंड स्ट्टेवेिोरेस प्राइवेट जलजमटेड के प्रबंितंत्र के संबद्ध जन ोिकों और ूनाइटेड माइन वकिसि
ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल , िबलृुर, ृंचाट (ररफरेन्स न.
23/2014) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा
07.11.2024 को प्राप्त हुआ ा l
[सं. एल-29011/55/2013-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2093.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 23/2014) of the Central Government Industrial Tribunal
cum Labour Court-2, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s Machado & Sons Agent & Stevedores Pvt. Ltd. and United Mine Workers Union which was
received along with soft copy of the award by the Central Government on 07.11.2024.
[No. L-29011/55/2013-IR(M)]
DILIP KUMAR, Under Secy.
4930
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, MUMBAI
PRESENT
SHRIKANT K. DESHPANDE
Presiding Officer
REFERENCE NO. CGIT-2/23 of 2014
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
M/S. MACHADO & SONS
AGENT & STEVEDORES PVT. LTD.
Q-9/10, 2nd Floor, Tilak Commercial Complex,
Vasco-Da-Gama, Goa
Goa.
AND
THEIR WORKMEN.
UNITED MINE WORKERS UNION
The General Secretary,
United Mine Workers Union,
G-5, Macedo Apartment,
Tisk, Ponda, Goa
Goa.
APPEARANCES:
Party No. 1
:
Mr. Prasanna C. Chawdikar
Advocate
Party No. 2
:
Mr. P. Gaonkar
Representative
AWARD
Camp Goa
(Delivered on 24-09-2024)
1.
This Reference has been made by the Central Government in exercise of powers under clause (d) of sub-
section (1) and sub- section (2A) of Section 10 of the Industrial Disputes Act, 1947, vide Government of India,
Ministry of Labour & Employment, New Delhi, order No. L-29011/55/2013-IR (M) dated 19.02.2014. The terms of
reference given in the schedule are as follows:
`Whether the action of M/s. Machado & Sons Agent & Stevedores Pvt. Ltd. to retrench Sh. Sudhir
Vishwanath Surlkar, Mechanic is legal and justified? If not, what relief the workman is entitled to?`
2.
Read Ex-22, consent term filed before the court. Verified the Second Party in presence of his representative.
The counsel for the First Party present before the court. It seems that, the parties have settled their claim amicably out
of the court as per consent term Ex-22 accordingly the Party No. 2 accepted the Cheque of Rs. 30903/-.
In view of this, the Reference is disposed off as settled. The Party No. 2 is not entitled to relief. No order as to costs.
Hence, I pass the following Award-
AWARD
i. The Reference is answered in the negative.
ii. The Party No. 2 is not entitled for any relief as prayed.
iii. No order as to costs.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4931
iv. The copy of Award be sent to the Government.
Camp Goa
Date: 24-09-2024
SHRIKANT K. DESHPANDE, Presiding Officer
दिल्ली, 7 नवम् बर, 2024
का.आ. 2094.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
मेससि जभलाई स्ट्टील प्लांट के प्रबंितंत्र के संबद्ध जन ोिकों और जभलाई इस्ट्ृात कमिचारी ूजन न; मेटल माइंस वकिसि
ूजन न (इंटक); इस्ट्ृात श्रजमक मंच के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल ,
िबलृुर, ृंचाट (ररफरेन्स न. 15/2017) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री
सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-26011/28/2016-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2094.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 15/2017) of the Central Government Industrial Tribunal
cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s Bhilai Steel Plant and Bhilai Ispat Karmachari Union; Metal Mines Workers Union (INTUC); Ispat
Shramik Manch which was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. L-26011/28/2016-IR(M)]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/15/2017
Present: P.K.Srivastava
H.J.S..(Retd)
1. The Dy. General Secretary,
Bhilai Ispat Karmachari Union,
2/A, Street-29, Sector-04, Bhilai Nagar,
Dist. Durg (C.G.) – 490 001
2. The President,
Metal Mines Workers Union (INTUC),
Qtr. No. 6A, Street-37B, Sector-7,
Bhilai Nagar, Dist. – Durg (C.G.) – 490 006
3. The Dy. General Secretary,
Ispat Shramik Manch, Qtr. No. 11/D,
Street Avenue-E, Sector-6, Bhilai,
Dit- Durg (C.G.) – 490 006
Workman
4932
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
Vs
The Executive Director,
M/s Bhilai Steel Plant,
Bhilai, Dist. Durg (C.G.) – 490 001
Management
(J U D G EM E N T)
(Passed on this 23rd day of September-2024)
As per letter dated 13/02/2017 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 (in short the ‘Act’)
as per Notification No. L-26011/28/2016-IR (M) dt. 13/02/2017. The dispute under reference relates to:
“Whether, the action of the management of Bhilai Steel Plant in respect of non-implementing promotion
policy from 2010 onwards for Non-Executive to Executive Cadre is legal and justified? If not, what relief
the workmen are entitled to?”
After registering a case on the basis of the reference received, notices were sent to the parties and were duly
served. Both the parties appeared and filed their respective statement of claim and defense.
The skeletal facts, relevant to the controversy, are mainly that admittedly, the applicant workmen are the
employees of management working in Non-Executive Cadre. A promotion policy was announced and rules there
under were framed by management for promotion from Non-Executive Cadre to Executive Cadre on 30.01.2008,
amended on 21.02.2008. According to this promotion policy promotion from Non-Executive Cadre to Executive
Cadre was to be done after a written examination of eligible candidates working in the Non-Executive Cadre. To be
taken very subsequent here that is once in two years and 10% of the persons working in the Non-Executive Cadre
were to be promoted in Executive Cadre on the basis of this selection process. Case of the applicants is that first
examination for this promotion was held in 2010. Thereafter, it was to be held in 2012, 2014 and 2016 but
management did not conduct any such examination resulting into loss of opportunities to the eligible candidates hence
depriving them from promotion. Later on, the management revised its promotion policy and amended the rules
reducing the quota for promotion from Non-Executive Cadre to Executive Cadre from 10% to 2%. According to the
workmen union, this action of management is arbitrary, malafide, illegal and unjustified and is unfair labor practice.
The workman side has thus requested that holding the action of management in not implementing promotion policy
from 2010 onward for Non-Executive to Executive Cadre is arbitrary, against law and unjustified. The eligible
workman be held entitled to promotion.
Management has defended the action of changing the rules and reducing the quota from 10% to 2% i.e. not
conducting the examination/ selection process in the years 2012, 2014 and 2016 under the rules with the case that
being employer, they are at liberty to change the rules and limit the quota.
Both the sides have filed affidavits and document which are admitted and to be referred as when required.
Have heard argument of Advocate Shri K.B. Singh learned Counsel for the workmen union and Shri R.C.
Shrivastava learned counsel for management. Parties have filed their written arguments also have gone through the
written arguments as well the record.
On perusal of record in the light of rival arguments reveals following issue for consideration.
“Whether the action of non-conducting the examination/ selection process in the year 2012, 2014 and
2016 and not promoting eligible candidates/workmen from non-Executive Cadre to Executive Cadre as per quota
provided in the 2008 rules in this respect by the management and reducing the quota from 10% to 2% under 2018
rules a well applying it retrospectively is justified in law.”
For the sake of convenience, the 2010 and 2018 rules, relevant questions required to be referred here and are
being reproduced as follows:
2008 Rules-
4.0
Selection Procedure
4.1
Inviting Applications
4.1.1 Applications from the eligible candidates will be invited through a circular. The applications will be accepted at
the respective plant/units on line as per the format enclosed as Annexure-III. The plant/units will forward the data to
MTI for compilation and onward transfer to the agency selected to conduct the written test. The candidate would be
required to submit the undertaking at the time of interview.
4.2
Conduct of Written Test :
4.2.1
The written test will be of objective type and the qualification wise broad structure would be as under :-
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4933
Qualification category
Broad Test Segments
Technical
Degree in Engineering or equivalent Diploma in
Engineering/ B.Sc. (PCM) or equivalent
General/ Company awareness Managerial Ability
General Plant Operation Engineering
Matric/Matric+ITI
General/ Company awareness Managerial Ability
General Plant Awareness
Non-Technical
(i)
Specified Professional qualification.
(ii)
Graduates or equivalent
General/ Company awareness Managerial Ability
General Functional Management
4.2.2
The written test will be conducted at plants/units centrally by an external agency and MTI will function as an
overall coordinating agency.
4.2.3
Employees of Plants/Units who are posted at other plant/unit locations can be appear in the written test at
respective plant/unit location.
4.3
Qualifying criteria in Written Test and calling for Interview:
4.3.1
To qualify in the written test, candidates will have to obtain a minimum of 40% marks in each of the test
segment (30% for SC/ST candidates). Based on the marks obtained in the written test a merit list will be prepared,
separate for each qualification segment. Those candidates who will qualify in the written test will be called for
interview in the ration of 1:14 in order of merit. In case there is more than one candidate with the same merit point
and within the zone of consideration, all of them will be called for interview.
5.0
Number of Promotions
5.1
The number of promotion within a plant/unit will be maximum 10% of the total number of applicants.
Within the overall number of promotions so decided, plant/unit can decide the area wise distribution of
candidates as per requirements.(emphasis supplied)
5.2
While effecting the promotions plant/unit may keep the number of promotions restricted in non-technical
stream to 25% of total promotions.
5.3
In technical stream also the number of promotions to employees having eligibility due to minimum
qualification of Matric/Matric+ITI may be kept to 10% of the total promotions in technical stream.
5.4
However, if sufficient numbers of SC/ST candidates are not available within the above upper limits,
plants/units can relax these conditions for SC/ST candidates to meet the reservation requirements.
2018 Rules –
5.0
NUMBER OF PROMOTIONS
5.1
‘The number of promotions in a plant/unit would not be more than 2% of the total employee strength in S-6
to S-11 grades on the 1st day of the month of notification, in the respective plant/unit.’ Within the overall number of
promotions so decided, plant/unit can decide the stream wise distribution of candidates as per requirement.
Learned counsel for the workmen union has submitted that it is incumbent on the management to follow
rules framed by it and accordingly conduct examinations/ selection process by way of promotion of Non-Executive to
Executive Cadre as per the quota of 10% provided in the 2008 rules and the rule amended in 2018 cannot be applied
retrospectively hence, since the workmen in Non-Executive Cadre who were eligible and willing to undergo selection
process regarding 10% of posts in Executive Cadre in the light of rules of 2008 were entitled to this opportunity and
action of management by not providing this opportunity to eligible workmen by way of not conducting examination/
selection process in 2012, 2014 and 2016 according to the rules is nothing but malafide, arbitrary and illegal. Any
amended rule will come into force from date it comes into operation and not retrospectively learned counsel has
referred to following decisions in this respect.
1. Home Secretary U.T. of Chandigarh and Others Vs Singh Agrawal and Others (1993) 4 SCC 25 –
held – policy guidelines are binding till all as they are relatable to the executive power of Chandigarh
administration it is axiomatic that having policy of general application and having communicated it to
all concerns, the administration is bound of it. It could of-course change policy but till that is done, it is
bound to adhere to it.
2. Virendra S Hooda and others Vs State of Haryana and Others (1999) 3 SCC 696-held- policy decision
is binding if not contrary to rules.
4934
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
3. National Building Construction Corporation Vs S. Raghunathan (1998) 7 SCC 66 referred
paragraphs are as follows-
This extract is taken from National Buildings Construction Corpn. v. S. Raghunathan, (1998) 7
SCC 66 : 1998 SCC (L&S) 1770 at page 75
The relevant paragraphs are being reproduced as follows-
“18. The doctrine of “legitimate expectation” has its genesis in the field of administrative law.
The Government and its departments, in administering the affairs of the country, are expected to
honour their statements of policy or intention and treat the citizens with full personal
consideration without any iota of abuse of discretion. The policy statements cannot be disregarded
unfairly or applied selectively. Unfairness in the form of unreasonableness is akin to violation of
natural justice. It was in this context that the doctrine of “legitimate expectation” was evolved
which has today become a source of substantive as well as procedural rights. But claims based on
“legitimate expectation” have been held to require reliance on representations and resulting
detriment to the claimant in the same way as claims based on promissory estoppel.”
19.
Lord Scarman in R. v. IRC, ex p Preston [1985 AC 835 : (1985) 2 All ER 327 : (1985) 2
WLR 836, HL] laid down emphatically that unfairness in the purported exercise of power can
amount to an abuse or excess of power. Thus the doctrine of “legitimate expectation” has been
developed, both in the context of reasonableness and in the context of natural justice.
20.
Lord Diplock in Council of Civil Service Unions v. Minister for the Civil Service [1985
AC 374 : (1984) 3 All ER 935 : (1984) 3 WLR 1174, HL] laid down that the doctrine of
“legitimate expectation” can be invoked if the decision which is challenged in the court has some
person aggrieved either (a) by altering rights or obligations of that person which are enforceable
by or against him in private law; or (b) by depriving him of some benefit or advantage which
either (i) he had in the past been permitted by the decision-maker to enjoy and which he can
legitimately expect to be permitted to continue to do until there has been communicated to him
some rational grounds for withdrawing it on which he has been given an opportunity to comment;
or (ii) he has received assurance from the decision-maker that it will not be withdrawn without
giving him first an opportunity of advancing reasons for contending that it should not be
withdrawn.
(emphasis supplied)
21.
The Indian scenario in the field of “legitimate expectation” is not different. In fact, this
Court, in several of its decisions, has explained the doctrine in no uncertain terms.
22.
In Navjyoti Coop. Group Housing Society v. Union of India [(1992) 4 SCC 477] the
decision of the House of Lords in Council of Civil Service Unions v. Minister for the Civil
Service [1985 AC 374 : (1984) 3 All ER 935 : (1984) 3 WLR 1174, HL] was followed and that
decision was summarised in the following words: (SCC p. 494, para 15)
“It has been held in the said decision that an aggrieved person was entitled to judicial
review if he could show that a decision of the public authority affected him of some benefit or
advantage which in the past he had been permitted to enjoy and which he legitimately expected to
be permitted to continue to enjoy either until he was given reasons for withdrawal and the
opportunity to comment on such reasons.”
23.
This Court further observed as under: (SCC pp. 494-95, paras 15 and 16)
“The existence of ‘legitimate expectation’ may have a number of different consequences
and one of such consequences is that the authority ought not to act to defeat the ‘legitimate
expectation’ without some overriding reason of public policy to justify its doing so. In a case of
‘legitimate expectation’ if the authority proposes to defeat a person's ‘legitimate expectation’ it
should afford him an opportunity to make representations in the matter.
It may be indicated here that the doctrine of ‘legitimate expectation’ imposes in essence a
duty on public authority to act fairly by taking into consideration all relevant factors relating to
such ‘legitimate expectation’. Within the conspectus of fair dealing in case of ‘legitimate
expectation’, the reasonable opportunities to make representation by the parties likely to be
affected by any change of consistent past policy, come in.”
24.
In Food Corpn. of India v. Kamdhenu Cattle Feed Industries [(1993) 1 SCC 71] it was
held that in all State actions, the State has to conform to Article 14 of the Constitution of which
non-arbitrariness is a significant facet. It was further observed that there is no unfettered
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4935
discretion in public law and a public authority possesses powers only to use them for public good.
It was further observed as under: (SCC p. 76, para 8)
“The mere reasonable or legitimate expectation of a citizen, in such a situation, may not
by itself be a distinct enforceable right, but failure to consider and give due weight to it may
render the decision arbitrary, and this is how the requirement of due consideration of a legitimate
expectation forms part of the principle of non-arbitrariness, a necessary concomitant of the rule of
law. Every legitimate expectation is a relevant factor requiring due consideration in a fair
decision-making process. Whether the expectation of the claimant is reasonable or legitimate in
the context is a question of fact in each case. Whenever the question arises, it is to be
determined not according to the claimant's perception but in larger public interest wherein
other more important considerations may outweigh what would otherwise have been the
legitimate expectation of the claimant. A bona fide decision of the public authority reached in this
manner would satisfy the requirement of non-arbitrariness and withstand judicial scrutiny. The
doctrine of legitimate expectation gets assimilated in the rule of law and operates in our legal
system in this manner and to this extent.”
(emphasis supplied)
“25.
In Union of India v. Hindustan Development Corpn. [(1993) 3 SCC 499] the meaning of
the words “legitimate expectation” was again considered. Quoting from the case of Attorney
General for New South Wales v. Quin [(1990) 64 Aust LJR 327] the following lines:
“To strike down the exercise of administrative power solely on the ground of adrift on a
featureless sea of pragmatism. Moreover, the notion of a legitimate expectation (falling short of a
legal right) is too nebulous to form a basis for invalidating the exercise of a power when its
exercise otherwise accords with law.”
The Court observed as under: (SCC p. 549, para 35)
“If a denial of legitimate expectation in a given case amounts to denial of right
guaranteed or is arbitrary, discriminatory, unfair or biased, gross abuse of power or violation of
principles of natural justice, the same can be questioned on the well-known grounds attracting
Article 14 but a claim based on mere legitimate expectation without anything more cannot ipso
facto give a right to invoke these principles. It can be one of the grounds to consider but the court
must lift the veil and see whether the decision is violative of these principles warranting
interference. It depends very much on the facts and the recognised general principles of
administrative law applicable to such facts and the concept of legitimate expectation which is
the latest recruit to a long list of concepts fashioned by the courts for the review of
administrative action, must be restricted to the general legal limitations applicable and binding
the manner of the future exercise of administrative power in a particular case. It follows that the
concept of legitimate expectation is ‘not the key which unlocks the treasury of natural justice and it
ought not to unlock the gates which shuts the court out of review on the merits’, particularly when
the element of speculation and uncertainty is inherent in that very concept.”
26.
This doctrine was reiterated in M.P. Oil Extraction v. State of M.P. [(1997) 7 SCC 592] in
which it was also laid down that though the doctrine of “legitimate expectation” is essentially
procedural in character and assures fair play in administrative action, it may, in a given situation,
be enforced as a substantive right.”
On the other hand, Ld. Counsel for management has submitted that employee has no right to be promoted
and promotion or grant of promotion is within the realm of management. This argument is misconceived. No doubt no
employee has an inherit right to be promoted but every employee has right to be considered have promotion in the
light of rules provocation for this.
Hence, in the light of above discussion and principle of law laid down in the aforesaid judgments, the
applicant workers in the Non-Executive Cadre had right to be considered for promotion according to the extant rule of
2008 management was required in law to conduct examination for promotion from Non-Executive Cadre to
Executive Cadre within every two years and also 10% of the workers in Non-Executive Cadre were to be promoted
to Executive Cadre by way of the promotion process mentioned in 2008 rules. Since the amended rules of 2018 first
did not provide that it were to be effective retrospectively hence they will be effective prospectively that is from the
date these rules were notified and become effective. Thus the action of management in not conducting examination/
promotion process for promotion of the workman in Non-Executive Cadre to Executive Cadre in the way as provided
in 2008 rules and not promoting these workmen to their extant of quota which was 10% is nothing but arbitrary,
unjust and malafide which can be sustain in law.
Hence, holding the action of management unjust, illegal and malafide the applicant workmen are held
entitled to be given opportunity to appear in a examination which was to be conducted in 2012, 2014 and 2016 by
management under 2008 rules and management of Bhilai Steel Plant is held under obligation to conduct this exam
4936
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
within three months from the date of obligation of award. In the light of 2008 Rules and amended promotion of
illegible applicants as per rules mentioned above.
In the light of above discussion the reference is answered as follows.
AWARD
Holding the action of management of Bhilai Steel Plant in respect of Non implementing promotion
policy from 2010 onward for non-executive to Executive Cadre against law and unjustified as well arbitrary,
the applicant workmen are held entitled to be given opportunity to appear in a exam which was to be
conducted in 2012, 2014 and 2016 by management under 2008 rules and management of Bhilai Steel Plant is
held under obligation to conduct this exam within three months from the date of obligation of award.
DATE:- 23/09/2024
P. K. SRIVASTAVA, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2095.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
मेससि ओएनिीसी जलजमटेड; मेससि इ टी ए इंिीजन ररंग प्राइवेट जलजमटेड के प्रबंितंत्र के संबद्ध जन ोिकों और ओएनिीसी
कॉन्रजतट एम्ृलॉईस ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -1, नई
दिल्ली, ृंचाट (ररफरेन्स न. 50/2020) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार
को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-30011/8/2020-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2095.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 50/2020) of the Central Government Industrial Tribunal
cum Labour Court-1, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s ONGC Limited; M/s ETA Engineering Pvt. Ltd. and ONGC Contract Employees Union which
was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. L-30011/8/2020-IR(M)]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI NO.1 NEW
DELHI.
ID.No. 50/2020
The General Secretary,
ONGC Contract Employees Union,
15, Sewak Ashram Road, Dehradun (UK).
……
.
.Workman
Versus
1. The General Manager (IR),
M/s ONGC Ltd.,
Green Hills, Dehradun (UK).
2. The General Manager (Electrical Deptt.),
M/s ONGC Ltd.,
Shed No. 28, Tel Bhawan, Dehradun (UK).
3. The Director,
M/s ETA Engineering PVT. Ltd.
B-13, Sector-63, Noida (UP)- 201307.
.………..Management
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4937
AWARD
In the present case, a reference was received from the appropriate Government vide letter No.
L-30011/8/2020 (IR(M)) dated 14/07/2020 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 management (ONGC Ltd. & ETA Engg Ltd) has violated the provisions contained under the
contract agreement in denying the benefits of fair wage policy to its workmen on the given contract? If so, what
directions can be given to the management parties for extending benefit of fair wage policy now?”
2.
Both parties were put to notice and the claimant filed the claim statement.
3.
However, the matter has been amicably settled between the parties.
4.
The claimant vide separate statement made before this Tribunal on 16.10.2024 stated that he has settled the
matter with the management, as such, it is held that the claim/ dispute of the workman/claimant stands finally
settled. Award is passed accordingly.
5..
Let a copy of this Award be sent for publication as required under Section 17 of Act.
Justice VIKAS KUNVAR SRIVASTAVA , Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2096.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; मेससि ृेरोजल म एंड नेचुरल गजस के प्रबंितंत्र के संबद्ध जन ोिकों और श्री सुरेि के
बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -1, चंडीगढ़, ृंचाट (ररफरेन्स न.-
215/2013) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा
07.11.2024 को प्राप्त हुआ ा l
[सं. एल-30012/73/2013-आईआर(एम)]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2096.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 215/2013) of the Central Government Industrial
Tribunal cum Labour Court-1, Chandigarh as shown in the Annexure, in the Industrial dispute between the
employers in relation to Indian Oil Corporation Limited; M/s Petroleum & Natural Gas and Shri Suresh which
was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. L-30012/73/2013-IR(M)]
DILIP KUMAR, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.
Present: Sh. Kamal Kant, Presiding Officer-cum-Link Officer, Chandigarh.
ID No.215/2013
Registered On: 10.03.2014
Suresh S/o Sh. Lila Ram R/o Village & P.O. Kohand, District: Karnal (Haryana).
...........Workman
Versus
1.
The Sr. Plant Manager, Indian Oil Corporation Ltd. (NR) Indane Bottling Plant, Kohand-Assandh Road,
Village & Post Gudha, Karnal-132114 (Haryana).
2.
M/o Petroleum & Natural Gas, ShastriBhawan, New Delhi, Pincode-110001.
........Managements
4938
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
AWARD
Passed On:17.09.2024
Central Government vide Notification No. L-30012/73/2013 (IR(M) dated 14.02.2014, 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:-
“Whetherthe Contract awarded by the Management of Senior Plant Manager, Indian Oil
Corporation Ltd. (NR), Indane Bottling Plant, Kohand-Assandh Road, Village & Post-Gudha,
Karnal-132114 (Haryana) is a Sham Contract and contractors M/s. D.S. Goyal& M/s.
Ramphal& Company are a camaflouge? If yes, whether the demand of workman Sh. Suresh S/o
Lila Ram, Ex-Haulaghe workman in termination of his services w.e.f. 30.09.1995 by the above
management was just, fair and legal? If not, to what relief the workman is entitled to and from
which date?”
1.
During the pendency of the proceedings before this Tribunal the case was fixed for filing reply to the
application but none is responding on behalf of workman. It is submitted by the Ld. Counsel for the
Workmanthat Workman has died and has no Legal Representatives and placed on record death certificate
of the Workman and withdraw the present reference.
2.
Perused the file and it is found that the submissions made by the Ld. Counsel for Workman is true. Which
denotes that the workman has died and as there are no Legal Representatives of the Workman for
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, 7 नवम् बर, 2024
का.आ. 2097.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
ए रृोटि अ ॉररटी ऑफ़ इंजड ा; एृीएम ए र कारगो टर्मिनल सर्विसेि; मेससि सेलेबी दिल्ली कारगो टर्मिनल मजनेिमेंट
इंजड ा प्राइवेट जलजमटेड; डा ल के प्रबंितंत्र के संबद्ध जन ोिकों और श्री फ़तेि ससंि के बीच अनुबंि में जनर्िि केन्द्री
सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स न. 44/2014) को िजसा दक अनुलग्नक में
दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-16025/04/2024-आईआर(एम)-136]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2097.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 44/2014) 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 Airports Authority of India; APM Air Cargo Terminal Services; M/s Celebi Delhi Cargo Terminal
Management India Pvt Ltd; DIAL and Shri Fateh Singh which was received along with soft copy of the award by
the Central Government on 07.11.2024.
[No. L-16025/04/2024-IR(M)-136]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. No. 44/2014
Sh. Fateh Singh, S/o Sh. Lekh Ram,
R/o VPO Jatoli Mandi, Gurgaon, Haryana.
Through- Airport Employees Union,
BTR Bhawan, 13-A, Rouse Avenue, New Delhi-110002.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4939
Versus
1.
The Director, Airport Authority of India,
Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.
2.
APM Air Cargo Terminal Services,
107, Transport Centre, Punjabi Bagh, New Delhi-110035.
3.
The Director,
M/s Celebi Delhi Cargo Terminal Management India Pvt. Ltd.
Room No. 23, Import Bldg., 1st Floor,
International Cargo Terminal, IGI Airport,
New Delhi,
New Delhi-110037.
4.
The Director,
DIAL, Udaan Bhawan, IGI Airport, New Delhi,
New Delhi-110037.
AWARD
Sh. Johan Topno, Under Secreteray, GOI has sent the reference to this tribunal for adjudication with the
following words:
“Whether the retirement of the workman Sh. Fateh Singh, S/o Sh. Lekh Ram on the basis of recorded of
his date of birth as 08.03.54, is just, fair and legal?”“Whether the retirement or compulsory retirement of the
workman may be treated as retrenchment? If yes whether he is entitled to notice pay, compensation, leave
encashment etc.? If not what relief the workman concerned is entitled to?”
After receiving the reference workman had filed the claim statement. W.S had been filed by the respondents.
Issues were framed vide order dated 28.11.2016. Workman was asked to lead evidence.
Workman has not been appearing since long. One Sh. Ram Karan had appeared and stated that the workman
Sh. Fateh Singh has been expired.
In these circumstances, His case 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.
Date 02.09, 2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2098.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
ए रृोटि अ ॉररटी ऑफ़ इंजड ा; एृीएम ए र कारगो टर्मिनल सर्विसेि; मेससि सेलेबी दिल्ली कारगो टर्मिनल मजनेिमेंट
इंजड ा प्राइवेट जलजमटेड; डा ल के प्रबंितंत्र के संबद्ध जन ोिकों और श्री राि बीर के बीच अनुबंि में जनर्िि केन्द्री
सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स न. 46/2014) को िजसा दक अनुलग्नक में
दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-16025/04/2024-आईआर(एम)-137]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2098.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 46/2014) of the Central Government Industrial Tribunal
4940
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
cum Labour Court-2, New Delhi as shown in the Annexure, in the Industrial dispute between the employers in
relation to Airports Authority of India; APM Air Cargo Terminal Services; M/s Celebi Delhi Cargo Terminal
Management India Pvt Ltd; DIAL and Shri Raj Bir which was received along with soft copy of the award by the
Central Government on 07.11.2024.
[No. L-16025/04/2024-IR(M)-137]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. No. 46/2014
Sh. Raj Bir, S/o Sh. Bani Singh,
Through- Airport Employees Union,
BTR Bhawan, 13-A, Rouse Avenue, New Delhi-110002.
Versus
1.
The Director, Airport Authority of India,
Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.
2.
APM Air Cargo Terminal Services,
107, Transport Centre, Punjabi Bagh, New Delhi-110035.
3.
The Director,
M/s Celebi Delhi Cargo Terminal Management India Pvt. Ltd.
Room No. 23, Import Bldg., 1st Floor,
International Cargo Terminal, IGI Airport,
New Delhi,
New Delhi-110037.
4.
The Director,
DIAL, Udaan Bhawan, IGI Airport, New Delhi,
New Delhi-110037.
AWARD
Sh. Johan Topno, Under Secreteray, GOI has sent the reference to this tribunal for adjudication with the following
words:
“Whether the retirement of the workman Sh. Raj Bir, S/o Sh. Bani Singh on the basis of recorded of his
date of birth as 07.05.1953, is just, fair and legal?”“Whether the retirement or compulsory retirement of the
workman may be treated as retrenchment? If yes whether he is entitled to notice pay, compensation, leave
encashment etc.? If not what relief the workman concerned is entitled to?”
After receiving the reference workman had filed the claim statement. W.S had been filed by the respondents.
Issues were framed vide order dated 21.03.2017. Workman was asked to lead evidence.
Workman has not been appearing since long. Sh. Syed Sajjad Ali on behalf of the workman submits that workman is
not in touch with him.
In these circumstances, when the claimant is not interested in pursuing the claim. 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.
Date 02.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2099.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
ए रृोटि अ ॉररटी ऑफ़ इंजड ा; एृीएम ए र कारगो टर्मिनल सर्विसेि; मेससि सेलेबी दिल्ली कारगो टर्मिनल मजनेिमेंट
इंजड ा प्राइवेट जलजमटेड; डा ल के प्रबंितंत्र के संबद्ध जन ोिकों और श्री िििन ससंि के बीच अनुबंि में जनर्िि केन्द्री
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4941
सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स न. 48/2014) को िजसा दक अनुलग्नक में
दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. एल-16025/04/2024-आईआर(एम)-138]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2099.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 48/2014) 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 Airports Authority of India; APM Air Cargo Terminal Services; M/s Celebi Delhi
Cargo Terminal Management India Pvt Ltd; DIAL and Shri Darshan Singh which was received along with soft
copy of the award by the Central Government on 07.11.2024.
[No. L-16025/04/2024-IR(M)-138]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. No. 48/2014
Sh. Darshan Singh, S/o Sh. Bharmal Singh,
Through- Airport Employees Union,
BTR Bhawan, 13-A, Rouse Avenue, New Delhi-110002.
Versus
1.
The Director, Airport Authority of India,
Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003.
2.
APM Air Cargo Terminal Services,
107, Transport Centre, Punjabi Bagh, New Delhi-110035.
3.
The Director,
M/s Celebi Delhi Cargo Terminal Management India Pvt. Ltd.
Room No. 23, Import Bldg., 1st Floor,
Cargo Terminal, IGI Airport,
New Delhi,
New Delhi-110037.
4.
The Director,
DIAL, Udaan Bhawan, IGI Airport, New Delhi,
New Delhi-110037.
AWARD
Sh. Johan Topno, Under Secreteray, GOI has sent the reference to this tribunal for adjudication with the
following words:
“Whether the retirement of the workman Sh. Darshan Singh, S/o Sh. Bharmal Singh on the basis of
recorded of his date of birth as 01.07.53, is just, fair and legal?”“Whether the retirement or compulsory retirement
of the workman may be treated as retrenchment? If yes whether he is entitled to notice pay, compensation, leave
encashment etc.? If not what relief the workman concerned is entitled to?”
After receiving the reference workman had filed the claim statement. W.S had been filed by the respondents.
Issues were framed vide order dated 28.11.2016. Workman was asked to lead evidence.
Workman has not been appearing since long. One Sh. Ram Karan had appeared and stated that the workman
Sh. Darshan Singh has been expired.
4942
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
In these circumstances, His case 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.
Date 02.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2100.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; राि कुमार रािन जसत ोररटी एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों और श्री
रािवीर ससंि के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट
(ररफरेन्स न. 24/2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी
के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-139]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2100.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 24/2023) 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 Indian Oil Corporation Limited; Raj Kumar Rajan Security Agency and Shri Rajveer
Singh which was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-139]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
ID.No. 24/2023
Sh. Rajveer Singh, S/o Sh. Kartar Singh,
Through- Delhi Karamchari Sangh,
W-04, In Front of Kalkaji Bus Depot,
Govindpuri, New Delhi-110019.
VERSUS
1.
The General Manager,
Indian Oil Corporation Ltd., (Marketing Division)
Brijwasan, New Delhi-110061.
2.
Retd. Col. Sh. Rajan Kumar, (Proprietor)
Raj Kumar Rajan Security Agency,
Ground Floor-04, Competent House, Plot No. 07,
R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in
the following words:
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4943
“Whether demands of Sh. Rajveer Singh S/o Sh. Kartar Singh, Gun Man through Delhi Karamchari Sangh
(Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan Kumar Rajan Security Agency, New Delhi
(Contractor) under Indian Oil Corporation Ltd., Marketing Division, Bijwasan, New Delhi over the issue of alleged
illegal termination of his services w.e.f. 01.05.2022 and reinstatement in service with all consequential benefits, are
proper, legal and justified under ID Act, 1947? If yes, to what relief the disputant is entitled and what direction, if
any, is necessary in the matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing
in each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal.
Even, the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number
of opportunities.
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant
award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to
the appropriate government for notification under section 17 of the I.D Act 1947.
Date: 10.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2101.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; राि कुमार रािन जसत ोररटी एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों और श्री
ऋजषृाल ससंि के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट
(ररफरेन्स न. 25/2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट
कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-140]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2101.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 25/2023) 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 Indian Oil Corporation Limited; Raj Kumar Rajan Security Agency and Shri Rishipal Singh which
was received along with soft copy of the award by the Central Government on 07.11.2024.
[NoZ-16025/04/2024-IR(M)-140]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
ID.No. 25/2023
Sh. Rishipal Singh, S/o Sh. Soran Singh,
Through-Delhi Karamchari Sangh,
W-04, In Front of Kalkaji Bus Depot,
Govindpuri, New Delhi-110019.
VERSUS
1.
The General Manager,
Indian Oil Corporation Ltd., (Marketing Division)
4944
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
Brijwasan, New Delhi-110061.
2.
Retd. Col. Sh. Rajan Kumar, (Proprietor)
Raj Kumar Rajan Security Agency,
Ground Floor-04, Competent House, Plot No. 07,
R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in
the following words:
“Whether demands of Sh. Rishipal Singh S/o Sh. Soran Singh, Security Guard through Delhi
Karamchari Sangh (Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan Kumar
Rajan Security Agency, New Delhi (Contractor) under Indian Oil Corporation Ltd., Marketing Division,
Bijwasan, New Delhi over the issue of alleged illegal termination of his services w.e.f. 01.05.2022 and
reinstatement in service with all consequential benefits, are proper, legal and justified under ID Act,
1947? If yes, to what relief they are entitled and what direction, if any, is necessary in the matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing
in each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal.
Even, the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number
of opportunities.
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant
award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to
the appropriate government for notification under section 17 of the I.D Act 1947.
Date : 10.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2102.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; राि कुमार रािन जसत ोररटी एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों और श्री
रोितास ससंि के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट
(ररफरेन्स न.- 27/2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट
कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-141]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2102.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 27/2023) 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 Indian Oil Corporation Limited; Raj Kumar Rajan Security Agency and Shri Rohtas
Singh which was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-141]
DILIP KUMAR, Under Secy.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4945
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
ID.No. 27/2023
Sh. Rohtas Singh, S/o Sh. Ratan Singh,
Through- Delhi Karamchari Sangh,
W-04, In Front of Kalkaji Bus Depot,
Govindpuri, New Delhi-110019.
VERSUS
1.
The General Manager,
Indian Oil Corporation Ltd., (Marketing Division)
Brijwasan, New Delhi-110061.
2.
Retd. Col. Sh. Rajan Kumar, (Proprietor)
Raj Kumar Rajan Security Agency,
Ground Floor-04, Competent House, Plot No. 07,
R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in the
following words:
“Whether demands of Sh. Rohtash Singh S/o Sh. Ratan Singh, Security Guard through Delhi
Karamchari Sangh (Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan Kumar
Rajan Security Agency, New Delhi (Contractor) under Indian Oil Corporation Ltd., Marketing Division,
Bijwasan, New Delhi over the issue of alleged illegal termination of his services w.e.f. 01.05.2022 and
reinstatement in service with all consequential benefits, are proper, legal and justified under ID Act,
1947? If yes, to what relief the disputant is entitled and what direction, if any, is necessary in the
matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing in
each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal. Even,
the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number of
opportunities.
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant
award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to the
appropriate government for notification under section 17 of the I.D Act 1947.
Date: 10.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2103.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; राि कुमार रािन जसत ोररटी एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों और श्री अजनल
कुमार के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स
4946
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
न. 28/2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा
07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-142]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2103.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 28/2023) 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 Indian Oil Corporation Limited; Raj Kumar Rajan Security Agency and Shri Anil Kumar which was
received along with soft copy of the award by the Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-142]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
ID.No. 28/2023
Sh. Anil Kumar, S/o Sh. Khajan Singh,
Through-Delhi Karamchari Sangh,
W-04, In Front of Kalkaji Bus Depot,
Govindpuri, New Delhi-110019.
VERSUS
1.
The General Manager,
Indian Oil Corporation Ltd., (Marketing Division)
Brijwasan, New Delhi-110061.
2.
Retd. Col. Sh. Rajan Kumar, (Proprietor)
Raj Kumar Rajan Security Agency,
Ground Floor-04, Competent House, Plot No. 07,
R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in
the following words:
“Whether demands of Sh. Anil Kumar S/o Sh. Khajan Singh, Security Guard through Delhi Karamchari Sangh
(Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan Kumar Rajan Security Agency,
New Delhi (Contractor) under Indian Oil Corporation Ltd., Marketing Division, Bijwasan, New Delhi over
the issue of alleged illegal termination of his services w.e.f. 01.05.2022 and reinstatement in service with all
consequential benefits, are proper, legal and justified under ID Act, 1947? If yes, to what relief the disputant
is entitled and what direction, if any, is necessary in the matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing
in each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal.
Even, the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number
of opportunities.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4947
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant
award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to
the appropriate government for notification under section 17 of the I.D Act 1947.
Date: 10.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2104.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
इंजड न ऑ ल कॉृोरेिन जलजमटेड; राि कुमार रािन जसत ोररटी एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों और श्री राि
करण के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स
न. 35/2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा
07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-143]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2104.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 35/2023) 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 Indian Oil Corporation Limited; Raj Kumar Rajan Security Agency and Shri Raj
Karan which was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-143]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
ID.No. 35/2023
Sh. Raj Karan, S/o Sh. Umrao Singh,
Through-Delhi Karamchari Sangh,
W-04, In Front of Kalkaji Bus Depot,
Govindpuri, New Delhi-110019.
VERSUS
1.
The General Manager,
Indian Oil Corporation Ltd., (Marketing Division)
2.
Retd. Col. Sh. Rajan Kumar, (Proprietor)
Raj Kumar Rajan Security Agency,
Ground Floor-04, Competent House, Plot No. 07,
R.B.C. Nagal Ray, New Delhi-110046.
Appearance:
For Claimant: None
For Managements: Sh. Navin Kumar, Ld. AR for M-1.
Sh. Gyanveer Singh, Ld. AR for M-2.
AWARD
4948
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
The appropriate Government has sent the reference refer dated 12.01.2023 to this tribunal for adjudication in
the following words:
“Whether demands of Sh. Raj Karan S/o Sh. Umrao Singh, Security Guard through Delhi
Karamchari Sangh (Regd.) vide letter dated 08.06.2022 against the management of M/s Rajan
Kumar Rajan Security Agency, New Delhi (Contractor) under Indian Oil Corporation Ltd.,
Marketing Division, Bijwasan, New Delhi over the issue of alleged illegal termination of his services
w.e.f. 01.05.2022 and reinstatement in service with all consequential benefits, are proper, legal and
justified under ID Act, 1947? If yes, to what relief the disputant is entitled and what direction, if any,
is necessary in the matter?”
After receiving the said reference, notices were issued to both the parties. Managements have been appearing
in each date of hearing but, the claimant has not been appearing since the reference has been received to this tribunal.
Even, the claimant has not come forward to file his claim statement before this tribunal, despite, providing a number
of opportunities.
In these circumstances, this tribunal has no option except to pass the no disputant award. Hence, no disputant
award is passed. Award is passed accordingly. File is consigned to the record room. A copy of this award is sent to
the appropriate government for notification under section 17 of the I.D Act 1947.
Date: 10.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2105.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
ए रृोटि अ ॉररटी ऑफ़ इंजड ा; डा ल; मेससि सेलेबी कारगो िैंडसलंग दिल्ली प्राइवेट जलजमटेड; मेससि आईसीएम
इंिीजन ररंग प्राइवेट जलजमटेड; मेससि बी. आर. ृावर कंरोल एंड ऑटोमजरटक के प्रबंितंत्र के संबद्ध जन ोिकों और ए रृोटि
एम्प्लाइि ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली,
ृंचाट (ररफरेन्स न. 101/2015) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को
सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-144]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2105.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 101/2015) 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 Airports Authority of India; DIAL; M/s CELEBI CARGO Handling Delhi Pvt. Ltd.;
M/s ICM Engineering Pvt. Ltd.; M/s B.R. Power Control & Automatic and Airport Employees Union which
was received along with soft copy of the award by the Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-144]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. No. 101/2015
The General Secretary,
Airport Employees Union (Regd. 3750),
BTR Bhawan, 13-A, Rouse Avenue,
New Delhi-110092.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4949
Versus
1.
Airport Authority of India,
Rajiv Gandhi Bhawan,
Safdarjung Airport,
New Delhi-110003.
2.
DIAL
Udan Bhawan, IGAI Airport,
New Delhi-110037.
3.
M/s. CELEBI CARGO Handling Delhi Pvt. Ltd.
Room No. 22, Import Building,
3, International Cargo Terminal,
IGI Airport, New Delhi-110037
4.
M/s. ICM Engineering Pvt. Ltd.
58, Udyog Vihar, Phase-I,
Gurgaon, Haryana
5.
M/s. B.R. Power Control and Automatic
IGI Airport
New Delhi
Appearance:-
For Claimants: None.
For Management: Sh. Akshit Gupta, Ld. AR for M-1 i.e. AAI.
Sh. Manish Sehrawat, Ld. AR for M-2 i.e. DIAL.
Ms. Muskaan Kaushik, Ld. AR for M-3 i.e. CELEBI.
AWARD
The appropriate Government had sent the reference refer dated 30.06.2015 to this tribunal for adjudication in
the following words:
“Whether the action of the management of B.R. Power Control & Automatic as contractor of CELEBI
in not allowing Sh. Madan Lal, Sh. Rampal and Sh. Narender Kumar to resume their duties w.e.f.
01.04.2014 cam be construed as termination without application of provisions of industrial disputes
Act, 1947 & is it just, fair and legal? If not, what relief the workmen concerned are entitled to?”
Claim of the workmen are that they have been working with the managements. Name and particular of their
employment are given below-
List of Workmen
Sr.
No.
Name
Father’s
Name
Post
Dates of
Joining
Dates of
Termination
Last Drawn
Salary
1
Madan Lal
Munshi Ram
Electrician
20.10.1986
31.03.2014
Rs. 14,784/-
2
Ram Pal
Uday Ram
Electrician
16.04.1997
31.03.2014
Rs. 11,277/-
3
Narendra
Kumar
Dhani Ram
Sr. ETV Operator
01.12.1989
31.03.2014
Rs. 12,470/-
It is further the case of the workmen that they were recruited by the management-1 for the post of Sr.
Electrician, Operator and Sr. Operator. Work assigned to them was similar in nature and thye were asked to operate
cargo handling system. However, no appointment letter was given to them and no retirement age was prescribed by
the managements. They had been discharging their duties diligently, sincerely and devotionally and there were no
complaints against them regarding their performance of duties. It is the case of the workmen that they were issued
notice by the management-4 on 28.02.2024 stating that six month contract for Delhi Cargo Operations with the main
4950
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
contractor expiring on 31.03.2014 and was not renewed. They were given one month notice but, they were refused to
take back on duties from the next date. They had worked upto 240 days in the year as such they submitted that their
termination is declared illegal and they be reinstated with full back wages.
WS has been filed by the respondent-1, 2, 3 & 4. They have denied the relationship of employer and
employee between the management and workmen. They submit that claim is liable to be dismissed.
After completion of the pleadings, following issues have been framed vide order dated 10.08.2018 i.e.-
1. Whether the claim is not legally tenable in view of the various preliminary objections?
2. In terms of the reference.
Now, the matter is listed for workman evidence. He is required to file his affidavit. Despite, providing a
number of opportunities, workmen have not been appearing since long to substantiate his claim.
In these circumstances, when the claimants are not interested in pursuing the claim. Their claim stand
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.
Date: 09.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2106.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार बडि
वल्डिवाइड फ्लाइट सर्विसेि इंजड ा प्राइवेट जलजमटेड; दिल्ली इंटरनेिनल ए रृोटि प्राइवेट जलजमटेड के प्रबंितंत्र के संबद्ध
जन ोिकों और श्री सूरि िुबे के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई
दिल्ली, ृंचाट (ररफरेन्स न. 185/2019) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार
को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-145]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2106.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 185/2019) 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 Bird Worldwide Flight Services India Pvt. Ltd.; Delhi International Airport Pvt. Ltd.
and Shri Suraj Dubey which was received along with soft copy of the award by the Central Government on
07.11.2024.
[No. Z-16025/04/2024-IR(M)-145]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. No. 185/2019
Sh. Suraj Dubey, S/o Sh. Shyam Bihari,
R/o-B-12, Gali NO. 10, Raj Nagar-II, Palam Colony,
New Delhi-110045.
Versus
1.
Bird Worldwide Flight Services India Pvt. Ltd.
E-9, Connaught House, Connaught Place, New Delhi-110001.
2.
Delhi International Airport Pvt. Ltd.
New Udaan Bhawan, Opp. Terminal-3, IGI Airport,
New Delhi-110037.
Appearance:-
For Claimant- None
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4951
For Managements- Sh. Hridesh, Clerk, for management-1 i.e. BWFS
Sh. Manish Sehrawat, Ld. AR for the M-2 i.e. DIAL
AWARD
This is an application of U/S 2A of the Industrial Disputes Act (here in after is referred as an Act) filed
by the claimant for his illegal termination. Claimant had stated in his claim statement that he had been working with
the respondent-1 on the post of Loader on 21.11.2011 at the last drawn salary Rs. 8,500/- Per month. The
management-1 did not issue any appointment letter to him. The workman used to work sincerely, honestly and his
service record was well satisfactory and he did not give any chance of complaint to the management-1. He was the
active member of BWFS Karamchari Union and he always participated in all the union activities. The management-2
is proper party in the present case. The management-1 did not provide the legal facilities i.e. causal leave, leave book,
CA, etc. to workman and he used to demand to management-1 to provide the above said legal facilities, but the
management-1 did not provide the same to him. During the course of employment, the workman alongwith and union
and other employees filed the case of general demand before the Presiding Officer Labour Court. The management-1
became annoyed with him and on 12.09.2016 the management-1 has illegally terminated to workman from his
services, without any rhyme or reason, without conducted any domestic enquiry against the workman. After the
termination of workman, the workman approached the management repeatedly seeking for reinstatement; however,
the workman was not reinstated by the management-1. Workman has sent the demand notice to the management on
29.12.2017 and the said demand notice was duly served upon the management, but the management neither reinstated
to him nor given any reply to the said demand notice. The management no. 1 had violated the provision of section
25F and G, 33 of ID Act, 1947, hence the termination of service of the workman is illegal and unjustified and liable to
be set aside. He is entitled to reinstatement with full back wages. Hence, he filed the present claim. After the illegal
termination, the workman is jobless and he is depending upon his family.
W.S have been filed by the management-1 and management-2. They have denied the averment made in his
claim statement. They submit that claim is not maintainable and is liable to be dismissed.
After completion of the pleadings, following issues have been framed vide order dated 16.08.2022 i.e.-
1. Whether the proceeding is maintainable.
2. Whether there exist employer and employee relationship between the management no. 2 and the
claimant.
3. Whether the service of the claimant was illegally terminated by management no. 1 without following the
procedure laid U/s 25F of the ID Act.
4. To what relief the claimant is entitled to.
Now, the matter is listed for workman evidence. He is required to file his affidavit. Despite, providing a
number of opportunities, workman has not been appearing since long to substantiate his claim.
In these circumstances, when the claimant is not interested in pursuing the claim. 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.
Date : 17th, September, 2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2107.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
दिल्ली इंटरनेिनल ए रृोटि जलजमटेड; मेससि गजननॉन डूंकेरल एंड कंृनी जलजमटेड के प्रबंितंत्र के संबद्ध जन ोिकों और
श्री मनीराम, आल इंजड ा िनरल म़ििूर रेड ूजन न के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं
श्रम न् ा ाल -2, नई दिल्ली, ृंचाट (ररफरेन्स न. 35/2018) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती
िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-146]
दिलीृ कुमार, अवर सजचव
4952
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
New Delhi, the 7th November, 2024
S.O. 2107.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 35/2018) 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 Limited; M/s Gannon Dunkerley & Company Limited and Shri
Maniram, All India General Mazdoor Trade Union which was received along with soft copy of the award by the
Central Government on 07.11.2024.
[No. Z-16025/04/2024-IR(M)-146]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
I.D. NO. 35/2018
Sh. Maniram, S/o Late Sh. Pakhuram,
All India General Mazdoor Trade Union,
170m Balmukund Khand Giri Nagar, Kalkaji,
Versus
1.
The CEO
M/s Delhi International Airport Ltd.
IGL Airport, New Udaan Bhawan,
Terminal-3, New Delhi-110037.
2.
M/s Gannon Dunkerely & Co. Ltd.,
B-228, Okhla Industrial Area, Phase-1,
New Delhi- 110020.
AWARD
The appropriate government had sent the reference to this tribunal for adjudication with the following words.
“Whether the action of the management of M/s Gannon Dunkerley & Co. Ltd. contractor of DIAL in
terminating the services of the workman Sh. Maniram from 23.12.2015 and non-payment of salary for
1.12.2015 is illegal and/or unjustified and if yes, to what relief the workman is entitled and what
directions are necessary in this respect? ”
After receiving the said reference, notices were issued to both the parties. Both the management and the
claimant have appeared. Claimant has filed the claim statement.
WS have been filed by the M-1 & M-2. They have denied the averment made in his claim statement. They
submit that claim is liable and deserve to be dismissed.
After completion of the pleadings, following issues have been framed vide order dated 31.05.2019 i.e.-
1.
Whether the proceeding is maintainable.
2.
Whether there exist employer and employee relationship between the workman and management no. 1.
3.
Whether the service of the workman was illegally terminated by management no. 2 in violation of the
provision of ID Act.
4.
Whether the workman is entitled to the relief of reinstatement with back wages in the service of
management no. 1.
5.
To what other relief the parties are entitled to.
Now, the matter is listed for workman evidence. He is required to file his affidavit of evidence. Workman
AR stated that claimant is not in touch with him for the last three years.
In these circumstances, when the claimant is not interested in pursuing his claim. 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.
Date 23rd, September, 2024
ATUL KUMAR GARG, Presiding Officer
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4953
नई दिल्ली, 7 नवम् बर, 2024
का.आ. 2108.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार
नेिनल इन्सुरेंस कॉृोरेिन ऑफ़ इंजड ा; एतस-सर्विसमेन जसत ोररटी एंड सर्विस एिेंसी के प्रबंितंत्र के संबद्ध जन ोिकों
और श्री मुकेि कुमार के बीच अनुबंि में जनर्िि केन्द्री सरकार औद्योजगक अजिकरण एवं श्रम न् ा ाल -2, नई दिल्ली,
ृंचाट (ररफरेन्स न. 43/2018) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट
कॉृी के सा 07.11.2024 को प्राप्त हुआ ा l
[सं. िेड-16025/04/2024-आईआर(एम)-147]
दिलीृ कुमार, अवर सजचव
New Delhi, the 7th November, 2024
S.O. 2108.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 43/2018) 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 National Insurance Corporation of India; Ex-Servicemen Security & Service Agency
and Shri Mukesh Kumar which was received along with soft copy of the award by the Central Government on
07.11.2024.
[No. Z-16025/04/2024-IR(M)-147]
DILIP KUMAR, Under Secy.
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI
LCA No. 43/2018
Mukesh Kumar, S/o Sh. Sankar
R/o Indira Colony, Chukhuwala Dehradun, Dehradun-248001.
Versus
1.
National Insurance Corporation of India
56, Rajpura Road, Dehradun
2.
Ex-Servicemen Security & Service Agency
(ESSA) Shop No.-17 & 18, Second Floor
Uttaranchal Complex,
Rispana Pull, Dehradun,
(Uttarakhand)-248001
Appearance:-
For Claimants: Sh. D.M. Sharma and Sh. Gautam Dutta, Ld. ARs for the claimant.
For Managements: Sh. B.S. Rana, Ld. AR for M-1.
Sh. I.S. Yadav, Ld. AR along with Col. Sh. S.M. Gosain (MD) for M-2.
AWARD
This is an application U/S 33C (2) of the Industrial Disputes Act (here in after is referred as an Act)
filed by the claimant.
Counsel of the workman submits that workman wants to withdraw the present claim. Statement of workman
is recorded separately.
4954
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
In view of the above submission made by the claimant, claim stands dismissed as withdrawn. Award is
accordingly passed. A copy of this award is sent to appropriate government for notification under section 17 of the
I.D. Act. File is consigned to record room.
Date: 19.09.2024
ATUL KUMAR GARG, Presiding Officer
नई दिल्ली, 13 नवम् बर, 2024
का.आ. 2109.—औद्योगिक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
k ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योगिक fookn esa
औद्योगिक vf/kdj.k@Je U;k;ky; iqus ds iapkV (26/2014) izdkf”kr djrh gSA
[सं. ,y - 12012/26/2014- vkbZ vkj (ch-II)]
सलोनी, उृ जनिेिक
New Delhi, the 13th November, 2024
S.O. 2109.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.26/2014) of the Indus.Tribunal-cum-Labour Court Pune as
shown in the Annexure, in the industrial dispute between the management of Bank of India and their
workmen.
[No. L-12012/26/2014- IR (B-II)]
SALONI, Dy. Director
ANNEXURE
IN THE INDUSTRIAL TRIBUNAL, AT PUNE
BEFORE SHRI. K.N. GAUTAM, PRESIDING OFFICER
Reference (IT) No. 26 of 2014
The Zonal Manager,
Bank of India,
Z.O, 11626, Shivajinagar,
University Road, Pune 411 005.
First Party
VERSUS
Shri. Sharad Rajaram Khadtare.
Flat No. A-004, Vishalgad Housing Society,
Deshmukh Ali, Chakan, Tal. Khed, Pune.
Second Party
CORAM
:- SHRI. K.N. GAUTAM, PRESIDING OFFICER, INDUSTRIAL
TRIBUNAL, PUNE.
APPEARANCES
:- Shri. B.S. Tapasvi, Advocate for the First Party.
Shri. R.P. Shaligram, Advocate for the Second Party.
P A R T I – A W A R D
ORDER ON PRELIMINARY ISSUE
(Dated : 09.08.2024)
This is a reference made by Government of India vide order dated 26.06.2014 under Section 10(1)(d) and
10(2A) of the Industrial Disputes Act, 1947 in respect of that whether the action of management of Bank of India,
Pune in dismissing the service of Shri. Sharad Rajaram Khadatare with effect from 18.10.2000 is legal and justified?
What relief the workman is entitled to?
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4955
Facts of the Second Party :
2.
The Second Party filed its statement of claim and contended that he was working with the First Party since
11.01.1979. He was illegally terminated from service by the First Party vide letter dated 18.10.2000. At the time of
termination, First Party was working as Accounts Clerk. The First Party is the nationalized bank engaged in banking
industry. It is contended that the First Party issued suspension order dated 05.02.1997 to the Second Party and
thereafter, issued charge-sheet dated 16.10.1999 to the Second Party. The Second Party submitted his reply to the
charge-sheet vide reply dated 26.11.1999 and denied the charges leveled against him. Thereafter departmental inquiry
was held and the Second Party participated in the inquiry with his defence representative. The Second Party submitted
his defence statement on 01.06.2000. The inquiry was concluded on 11.07.2000 and the Inquiry Officer gave findings
that the charges against the Second Party are proved. It is contended that said inquiry was not legal, fair and proper
and not held as per the principles of natural justice. The findings of the Inquiry Officer were provided to the Second
Party with show cause notice dated 03.08.2000. It is contended that the findings of the Inquiry Officer are totally
erroneous and not based on the evidence brought on record. In response to show cause notice the Second Party
issued letter dated 12.08.2000 to the First Party raising objection in respect of findings of the Inquiry Officer.
However, the First Party without considering the same issued dismissal order dated 18.10.2000 against the Second
Party. The Second Party prayed that the First Party be directed to reinstate him into the service, with continuity of
service and with full back wages from the date of termination.
Facts of the First Party :-
3.
The First Party filed its written statement at Exh. C-5 and denied almost all the contentions raised by the
Second Party. It is contended that the demand of the Second Party is illegal and the dispute raised by him is not
maintainable. It is contended that the Second Party was dismissed from service vide order dated 18.10.2000 after
issuing charge-sheet dated 16.10.1999 following his suspension from service vide suspension order dated 13.02.1997.
It is contended that the Second Party committed gross misconduct involving fraudulent withdrawal and
misappropriation of the deposits of the customers. It is contended that the Second Party was dismissed after
conducting departmental inquiry wherein, the Second party participated along-with his defence representative and
defended his case. In said inquiry, the charges framed against the Second Party were proved. It is contended that after
dismissal the Second party preferred an appeal with the appellate authority i.e. the erstwhile Zonal Manager, Pune
Zone and the appellate authority confirmed the punishment of the Second party. The First Party raised a plea that the
Second Party was terminated in the year 2000 and he approached the office of Labour Commissioner in the year 2003
hence, reference is hopelessly barred by limitation. It is contended that if the Court comes to the conclusion that the
findings of the Inquiry Officer are perverse, then, the First Party may be given opportunity to prove the misconduct of
the Second Party by leading evidence in Court. It is contended that the Second Party was dismissed from service for
the misconduct proved against him by following due proedure of law. Lastly, it is contended that the reference may
be rejected.
4.
In view of the rival pleadings of both the parties, the following preliminary issues were framed by my
learned predecessor vide Exh. O-3. The said preliminary issues are reproduced herein below with my findings thereon
for reasons to follow :
PRELIMINARY ISSUES
FINDINGS
1)Whether the inquiry is legal, fair and proper?
Yes.
2)Whether the findings given by the Inquiry Officer are perverse?
No.
3)What order?
As per final Order.
R E A S O N S
As to Preliminary Issue No.1 :-
5.
In the instant case, the Second Party has admitted in his pleading that he was issued charge-sheet dated
16.10.1999 to which he filed reply vide reply dated 26.11.1999 and denied the charges leveled against him. He also
admitted that he has participated in departmental inquiry along-with his defence representative. He has submitted that
the management examined 11 witnesses and he examined himself. He also admitted that he has submitted his defence
statement on 11.06.2000 and thereafter, the Inquiry Officer gave report of his findings on 11.07.2000. The Second
Party nowhere brought on record that he was not allowed to cross examine the witnesses of the management. He has
nowhere pleaded that during departmental inquiry, he raised any objections which were not considered by the Inquiry
Officer. All these facts clearly shows that the inquiry was held against the Second Party by following principles of
4956
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
natural justice and it was a fair and proper inquiry. In fact, the Second Party failed to bring on record that the inquiry
held against him was unfair and improper. I, therefore, answered Preliminary Issue No.1 in the affirmative.
As to Preliminary Issue No. 2 :-
6.
The charges leveled against the Second Party vide charge-sheet dated 16.10.1999 that he fraudulently
withdrawn and misappropriated the deposits of the customers. The Inquiry Officer gave findings in his report of
findings dated 11.07.2000 that the charges leveled against the Second Party are proved. However, in the present case,
vide order below Exh. C-6 dated 13.09.2022 the First Party is directed to produce the documents whatever available
in original and to produce photo copies of the remaining documents available with it. According to the First Party, the
original documents were destroyed as per the practice of the bank. The First Party failed to file on record the evidence
of its 11 witnesses as well as the evidence of the Second Party recorded before Inquiry Officer. So, in absence of the
evidence, it is not possible to decide whether the findings of the Inquiry Officer based upon the evidence brought on
record before him. Therefore, in absence of the evidence led before the Inquiry officer, it cannot be said that the
findings of the Inquiry Officer is based on the evidence brought before him and not perverse.
7.
In order to prove contention of the First Party, its learned counsel relied upon the case of Pravin Kumar Vs.
Union of India & Ors., MANU/SC/0679/2020 wherein, the Hon’ble Apex Court held that, “Where an appellate or
reviewing Court/authority comes to a different conclusion, ordinarily the decision under appeal ought not to be
disturbed in so far as it remains plausible or is not found ailing with perversity. The present case is neither one where
there is no evidence, nor is it one where we can arrive at different conclusion than the disciplinary authority.”
8.
The learned counsel for the First Party further relied upon the case of Employers Management West
Bokaro Colliery of TISCO Ltd Vs. Concerned Workman., MANU/SC/0814/2008 wherein, the Hon’ble Apex
Court held that, “Where two views are possible on the evidence on record, then the Industrial Tribunal should be very
slow in coming to a conclusion other than the one arrived at by the domestic Tribunal by substituting its opinion in
place of the opinion of the domestic Tribunal.”
9.
However, in the present case, as discussed above there is absolutely no evidence brought on record which
was led before the Inquiry Officer on the basis of which he gave his findings. Therefore, in such circumstances, it was
not possible to held that the findings of the Inquiry officer are based on the evidence brought before him. Therefore,
the aforesaid authorities on totally different facts and circumstances are not helpful to the First party to prove its
contention in the present case having totally different facts. I, therefore, held that the findings of the Inquiry Officer
against the Second Party are not based on evidence brought before him and perverse. I, therefore, answered
Preliminary Issue No. 2 in the negative.
10.
In the result, I pass following order :
AWARD
1.
It is hereby declared that the departmental Inquiry held against the Second Party was fair, proper and
legal and held as per the principles of natural justice.
2.
It is hereby declared that the findings given by the Inquiry Officer against the Second Party are not
legal and proper but perverse.
3.
The copy of Part I Award be sent to appropriate Government for publication.
4.
No order as to the costs.
Date : 09.08.2024
K. N. GAUTAM,, Presiding Officer
नई दिल्ली, 13 नवम् बर, 2024
का.आ. 2110.—औद्योगिक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ऑफ मिाराष्ट्र ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योगिक fookn esa
औद्योगिक vf/kdj.k@Je U;k;ky; iqus ds iapkV (17/2022) izdkf”kr djrh gSA
[सं. ,y - 12011/39/2022- vkbZ vkj (ch-II)]
सलोनी, उृ जनिेिक
New Delhi, the 13th November, 2024
S.O. 2110.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.17/2022) of the Indus.Tribunal-cum-Labour Court Pune as
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4957
shown in the Annexure, in the industrial dispute between the management of Bank of Maharashtra and their
workmen.
[No. L-12011/39/2022- IR (B-II)]
SALONI, Dy. Director
ANNEXURE
IN THE INDUSTRIAL TRIBUNAL AT PUNE
Presided Over by SHRI. K. N. GAUTAM
Reference IT NO. 17 OF 2022
The Chairman and Managing Director,
Bank of Maharashtra
Lokmangal, Shivajinagar,
Pune 411 005
First Party
VERSUS
The President,
Mahabank Navnirman Sena
Yashoda co-op. Housing Society, Ranade Road,
Extension, Dadar,
Mumbai 400028
Second Party
A W A R D
(Dated : 21.09.2024)
This is a reference made by Government of India vide order dated 22.04.2022 under Section 10(1)(d) and
10(2A) of the Industrial Disputes Act, 1947 in respect of that whether the Bank of Maharashtra indulged in unfair
labour practices by engaging the workmen for long spell in the perennial nature of work and whether the demand of
Mahabank Navnirman Sena for regularization / permanency of 13 part time sweepers is justified, legal and proper.
2.
After receiving the said reference, notices were issued to both parties and both the parties and only First
Party appeared. However, the Second Party though served with notice by registered post on 13.06.2022 and through
Bailiff on 02.06.2022, but failed to appear since last more than two years and failed to take steps to proceed with the
reference. Hence, it appears that the Second Party do not want to proceed with the reference. Hence, the reference is
disposed of for want of prosecution. Therefore, I have no alternative, but to answer the reference in the negative.
With this, I proceed to pass the following award :-
AWARD
1.
The reference is answered in the negative.
2.
No order as to costs.
3.
The copies of this award be sent to the appropriate authority of the Government.
Date : 21.09.2024
K. N. GAUTAM,, Presiding Officer
नई दिल्ली, 13 नवम् बर, 2024
का.आ. 2111.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj ;wfu;u
cSad vkWQ bafM;k ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; ल नऊ ds iapkV (a78/2021) izdkf”kr djrh gSA
[सं. ,y - 39025/01/2024- vkbZ vkj (ch-II)-42]
सलोनी, उृ जनिेिक
New Delhi, the 13th November, 2024
S.O. 2111.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.78/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Lucknow
as shown in the Annexure, in the industrial dispute between the management of Union Bank of India and their
workman.
[No. L-39025/01/2024- IR (B-II)-42]
SALONI, Dy. Director
4958
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT
LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 78/2021
BETWEEN
Rajesh Kumar Gaur S/o Shir Ram Kishun Gaur
Vill- Jakhania Govind, PO-Jakhania, Opp. Union Bank, Jamaniya Branch
District - Ghazipur - 233001
AND
Regional Manager, Union Bank of India
Shubhra Motel Complex, Mahuwa Bhagh Gajipur- 257203.
AWARD
Facts of the case:
Sri Rajesh Kumar Gaur/claimant filed claim petition before this Tribunal on 12.07.2021, facts in brief and relief
claimed by claimant are as under:-
Workman Rajesh Kumar Gaur was appointed as peon in the Union Bank of India, Jamani branch, Gajipur (U.P.) and
he works in the said capacity till 06.08.2010; however, his services are terminated on 06.08.2010.
In view of the above said factual background the present claim petition has been filed under Section 2-A, with the
following relief quoted herein below:-
“क- दिन ांक 06.08.2010 की गयी सेव सम प्ति आिेश को अवैध ठहर ये िथ नौकरी की वररष्ठि के स थ क यय पर
बह ल करा े।
- बेकारी अवजि का वेतन व अन् लाभ दिला े।
ग- वाि का ृररव्य भी दिला े।”
On behalf of respondent written statement was filed on 20th March 2023 in which the following preliminary objection
was taken:-
Present claim statement filed under Section 2-A of the Industrial Dispute Act, 1947, is bad in the eye of law, inter-alia
on the following grounds:-
(a)
Because claim filed by applicant is belated one and specifically barred by the law of the limitation as
such on this score application is liable to be rejected.
(b)
Because applicant Sri Rajesh Kumar Gaur was not employed/appointed in the services of the Bank as
such there was no question of termination of his services as mentioned in the claim statement by
applicant.
(c)
Because there was no employer and employee relationship between Sri Rajesh Kumar Gaur and
opposite party bank at any point of time as such, he does not fall under the purview of the provisions of
definition of workman as envisaged under Section 2(s), Industrial Dispute Act, 1947 as such there is no
question of application of any provisions of Industrial Dispute Act,1947.
(d)
Because present application is out of the purview of provisions as contained in Section 2(K) of Industrial
Dispute Act, 1947.
Accordingly it is submitted by the respondent that present case filed by claimant is liable to be dismissed as barred by
limitation.
I have heard learned counsel for claimant/workman Sri Vijay Vishwakarman and Sri Gunjan Gupta on behalf of
respondent and gone through the record.
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4959
In order to decide the preliminary objection, taken by respondent, it will be appropriate to go through aims and
objects of Industrial Dispute Act, 1947.
In brief which, the same are that Industrial Disputes Bill was introduced by the Government of India in the Legislative
Assembly on the 28th October 1946. After the Select Committee’s report on 3rd February 1947, with some
amendments, it was passed in March 1947 and became the law from Ist April 1947 repealing the Trade Disputes Act
1929.
While retaining most of the provisions of the earlier law, this Act introduced two new institutions for the prevention
and settlement of industrial disputes; works committees consisting of representatives of employers and workers; and
machinery for industrial adjudication.
A reference to an industrial tribunal under this Act lies where both parties to any industrial dispute apply for such
reference, and also where the appropriate Government considers it expedient so to do. An award of a tribunal has
normally to be enforced by the Government and is binding on both parties to the dispute for such periods as may be
specified, upto a maximum of one year. This Act seeks to give a new orientation to the entire conciliation machinery.
Another important new feature of the Act is the prohibition of strikes and lockouts during the pendency of
conciliation and adjudication proceedings of settlements reached in the course of conciliation proceedings and of
awards of industrial tribunals declared binding by the appropriate government.
Rules, orders or notifications requiring the larger industrial establishments to set up works committees were issued by
the Government of India and most of the State Governments.
Objectives: General
The objectives of industrial relations and industrial disputes legislation, may be outlined as under:-
(i)
Industrial Peace: For prosperity of industry, it is necessary that there be a continuous and growing production
which is only possible if (a) there are no interruptions and stoppages in production i.e. absence of disputes, and
(b) if the various agencies of production are satisfied and are in a harmonious bent to work. In other words,
industrial peace is very necessary for the vitality of industry.
(ii)
Economic Justice: All interruptions in production arising out of industrial dispute are really caused by the
dissatisfaction of labour with their existing economic condition. The history of labour struggle is nothing but a
continuous demand for fair return to labour expressed in varied forms e.g. (a) increase in wages, (b) resistance
to decrease in wages, (c) grant of allowances and benefits etc.(Hariprasad Vs. A.D.Divelkar, AIR 1957 SC
121)
Social and economic justice which is the bedrock of our Constitution and economic organization also requires that
any industrial relations or disputes legislation, to be effective remedial statute, must embrace not only law for
regulation of labour relations with capital, process for channelizing collective bargaining methods for negotiation,
mediation, conciliation and settlements of industrial conflict, but also a system for giving fair play and justice to
labour and removal of economic injustice.
The preamble of the Act states that its main object is to make provision for investigation and settlement of industrial
disputes. Viewed in the above background, the Industrial Disputes Act 1947 is a progressive piece of social
legislation and is designed to settle the disputes on a new pattern known under the Act as adjudication machinery.
The object of all labour legislation is to ensure fair wages and to prevent disputes so that production might not be
adversely affected. (Banaras Ice Factory Ltd. Vs. Its Workmen, AIR 1957 SC 167)
The purpose of the Act is to provide machinery for a just and equitable settlement by adjudication, (G. Claridge and
Company Ltd. Vs. Industrial Tribunal, Bombay, AIR 1951 Bombay 100) and amelioration of the conditions of
workmen in industry.
Individual and collective industrial disputes: Individual as well as collective disputes may ripen into industrial
disputes. The true nature of an individual dispute is that it is a collective dispute. Though a dispute may at the
inception be initiated by an individual, yet if it is taken up by the fellow-workers or a union, or a sufficient number of
workers, it may assume the collective character and would become an industrial dispute. (Standard Vacum Oil Co.
Errakulam Vs. I.Tribunal, Errakulam 1952-II LLJ 612). A dispute which continues to retain its individual
character cannot be regarded as an industrial dispute. This being the basic law, it is within the competence of the
legislature to widen or narrow the coverage of an industrial dispute. The Industrial Disputes Act has also been
amended to cover some individual disputes. It is not necessary that a majority should take an industrial dispute. It is
sufficient if a substantial group of workmen take it up. When thus taken, it becomes an industrial or collective
dispute.
4960
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
Individual dispute an industrial dispute: The important amongst the above are however the amendments of 1965.
By the Act of 1965, a new Section 2A has been added in Act whereby specified categories of individual disputes are
also deemed to be industrial disputes. The section reads as under:
“2A. Dismissal, etc of an individual workman to be deemed to be industrial dispute-
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman,
any dispute or difference between that workman and his employer connected with, or arising out of, such discharge,
dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other
workman nor any union of workmen is a party to the dispute.”
This amendment revives, impediment in the way of workman with the necessity that to make an industrial dispute it
must be taken up or espoused by substantial section of the workmen or any union of those workmen and gives an
individual workman a remedy for security of his service and indirectly freedom to join or not to join any union. Thus,
individual disputes could be referred to Tribunal as per Section 2A after 1.12.1965. (National Productivity Council,
1969-II LLJ 186).
Thereafter, by Industrial Disputes (Amendment) Act 2010 (Act No. 24 of 2010), Section 2A(a), was renumbered as
Sub-section (1) and by the same Act i.e. Act No.24 of 2010 Sub-section (2) and Sub-section (3) have been inserted
after Section 2A (1) of Industrial Dispute Act 1947 which came into effect w.e.f. 15.09.2010, which reads as under:
"2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute -
"(1) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual
workman, any dispute or difference between that workman and his employer connected with, or arising out of, such
discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no
other workman nor any union of workmen is a party to the dispute.
(2) Notwithstanding anything contained in Section 10, any such workman as is specified in sub-Section(1) may, make
an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the
expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate
Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall
have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate
Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to
such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub-Section(2) shall be made to the Labour Court or Tribunal before the expiry of
three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in
sub-Section(1)."
Now the core question to be considered is that in view of the facts which are stated hereinabove, that admittedly the
services of applicant was terminated on 06.08.2010, thereafter he has filed the present case before this Tribunal u/s
2A of the Act on 12.07.2021 on the grounds as taken by him in his claim petition, is maintainable or barred by the
period of limitation as provided u/s 2A(3) of the Act.
Answer to the said question find place in the judgment passed by Hon’ble the Karnataka High Court in ITC Infotech
India Ltd. vs. Venkataramana Uppada ILR 2016 Karnataka 3041, relevant potion quoted as under:
“19. Keeping the above principles in mind, a reading of Section 2A(3) would lead to an irresistible conclusion that
time stipulated for invoking the jurisdiction of the Labour Court or the Tribunal as the case may be, has to be
necessarily "before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise
termination of service as specified in sub-Section (1)." Time limit for making an application to the Labour Court
stipulated in sub-Section (3) of Section 2A does not appear to have a bearing to the provisions of sub-Section (2) of
Section 2A. In any event right conferred under Section 2A would lapse immediately preceding the date of expiry of
three years from the date of dismissal, discharge etc.,. In other words, the limitation of three years prescribed under
sub-Section (3) of Section 2A being mandatory, same cannot be condoned by taking recourse to Section 5 of the
Limitation Act, 1963 which has no application to the provisions of Industrial Disputes Act, 1947.
20. It is well settled principle that if an act is required to be performed within a specified time, the same would
primarily be mandatory. It has been held in the case of NAZIRUDDIN VS SITARAM AGARWAL reported in AIR
2003 SCW 908 to the following effect:
"The Courts jurisdiction to interpret a statute can be invoked when the same is ambiguous. It is well known that in a
given case, the Court can iron out the fabric but it cannot change the texture of the fabric. It cannot enlarge the scope
of legislation or intention when the language of provision is plain and unambiguous. It cannot add or subtract the
words to a statute or read something into it which is not there. It cannot re-write or recast legislation. It is also
necessary to determine that there exists a presumption that the legislature has not used any superfluous words. It is
well settled that the real intention of legislature must be gathered from the language used."
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4961
21. Thus, in the background of the dicta of the Apex Court in NAZIRUDDIN's case referred to supra, when Section
2A is perused, it would indicate that if the legislature really intended that the period of limitation provided in sub-
Section (3) of Section 2A was to be construed as directory, then it would not have prescribed the limitation of three
years and it would have used the words "at any time" instead of using the words "before the expiry of three years".
Though the words at any time' is found in Section 10(1), same is conspicuously absent in sub-Section(3) of Section 2A
which would clearly depict the intention of the legislature namely, it had deliberately imposed limitation period under
sub-Section (3) of Section 2A and as such legislature did not employ the words at any time' in the said provision as
found in Section 10(1) and in its place, it has specifically incorporated the words before the expiry of three years'.
Hence, to interpret the period of limitation found in sub-Section (3) of Section 2A as directory and not mandatory
would amount to adding something which is not provided in the provision by the legislature or it would amount to
doing violence to the provision, if such interpretation is sought to be made."
And Hon’ble Rajasthan High court in the case of Pankaj Swami vs. Rajasthan State Road Transport Corporation &
ors. MANU/RH/1788/2019 after taking into consideration the provisions of sedation 2A(2) & 2A(3) of the Act held
as under:
“The provisions are explicit, wherein the workman can approach the Labour Court for adjudication of the dispute in
case of discharge, dismissal, retrenchment etc., however, sub-section (3) provides that the application should be made
to the Labour Court before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise
termination of service as specified.
8. The submission made by learned Counsel for the petitioner that as the cause of action arose to the petitioner prior
to introduction of the provision of limitation by sub-section (3) the same would have no application is concerned, the
submission made is fallacious, inasmuch as, the provision under which the application has been filed by the petitioner
i.e. section 2-A(2) of the Act, itself was introduced by the amendment Act of 2010 alongwith the limitation therein and
therefore, the provision of limitation which was introduced in the year 2010 alongwith the main provision providing
for the limitation would apply with all force and the submission that the same would have no application to the cause
of action, which arose prior to 2007, has no basis.
The submissions as made, if accepted, would result in circumstances where if the cause of action has arisen post
2010, the same would be barred, whereas the causes, which arose prior to 2010 like in the year 2007 in the present
case and the application is filed after 7 years, the same would never become barred by limitation, such a result is
legally untenable.
9. The submission made by learned Counsel for the petitioner that as the petitioner had approached the Conciliation
Officer and had raised the dispute before him, where there was no limitation and the petitioner approached the
Labour Court only as per the directions of the Conciliation Officer the claim could not be rejected by barred by
limitation also does not advance the cause of the petitioner, inasmuch as, the petitioner could have taken advantage
of the said position, if the Conciliation Officer had sent a failure report to the appropriate Government who in turn
had referred the dispute to the Labour Court. Merely because the Conciliation Officer suggested approaching the
Labour Court, which suggestion was accepted by the petitioner, cannot be termed as a reference under section 10 of
the Act to the Labour Court.
10. In view of the above discussion in so far as the rejection of the claim of the petitioner by the Labour Court being
barred by limitation is concerned, the same cannot be faulted.”
And in the case of Parthasarathy vs. Souther Pins and Products Pvt. Ltd. and Ors. MANU/TN/6691/2020 Hon’ble
the High Court of Madras has held as under:
“Inasmuch as the notice of termination of the Petitioner in the present case has been made on 06.10.2014 under
Section 2-A(2) of the Act after the said amendment has come into force, the limitation of three years prescribed under
Section 2-A(3) of the Act would necessarily apply. As such, there is no infirmity in the decision-making process of the
Labour Court in refusing to entertain the application made by the Petitioner has time barred. This view is supported
by the decisions of this Court in the following cases:-
(i) ITC Infotech India Ltd. v. Venkataramana Uppada (Order dated 03.03.2016 in W.P. No. 27510 of 2015 passed by
the High Court of Karnataka)
(ii) Management of Ashok Leyland v. Presiding Officer, Labour Court (Order dated 13.04.2016 in W.P. Nos. 9640
and 9641 of 2016 passed by this Court)
(iii) Ravi Kumar v. Management, Tamil Nadu State Road Transport Corporation (Order dated 11.04.2017 in W.P.
(MD) No. 4269 of 2017 passed by the Madurai Bench of this Court)
(iv) K. Settu v. Assistant Engineer, Tamil Nadu Electricity Board (Order dated 20.09.2019 in W.P. No. 8413 of 2019
passed by this Court)
4962
THE GAZETTE OF INDIA :NOVEMBER 16, 2024/KARTIKA 25, 1946
[PART II—SEC. 3(ii)]
5. A feeble attempt is made on behalf of the Petitioner to suggest that the period of conciliation must be excluded
while computing the limitation. It is, no doubt, true that Section 2-A(2) of the Act contemplates such application to be
made to the Labour Court after the expiry of 45 days from the date of application to the Conciliation Officer is made.
However, it does not require that the conciliation proceedings should have been completed before making that
application under Section 2-A(2) of the Act. The words in Section 2-A(3) of the Act are clear enough that the
limitation has to be reckoned on the expiry of three years from the date of termination. The Petitioner in the instant
case had made the application for conciliation on 12.04.2017 which had also concluded on 27.06.2017, but the
Petitioner had not approached the Labour Court after 45 days either from 12.04.2017 or even from 27.06.2017. As
such, the contentions made on behalf of the Petitioner cannot be countenanced.”
(see also Kandasamy Spinning Mills Private Ltd. vs S. Palanisamy and Ors. MANU/RN/6831/2019
Thus, in view of above said fact, combined reading of section 2A (2) and 2A (3) of the Act, the legal position which
emerge out is that if a workman is aggrieved by order of discharge, dismissal, retrenchment or otherwise termination,
he may approach the Tribunal within a period three years from dated of passing of order.
Taking into consideration, above said facts and position of law as well that “if law provides a particular thing that all
other modes or methods of doing that thing must be deemed to have been prohibited”, the said proposition of law is
first held in the case of Tylor Vs. Tylor (1875) LR 1 ChD 426 and adopted later by the Judicial Committee in Nazir
Ahmed Vs. King Emperor AIR 1936 PC 253 and thereafter by the Hon’ble Supreme Court in a series of judgments
including those in Rao Shiv Bahadur Singh & another Vs. State of Vindhya Pradesh AIR 1954 SC 322, State of
Uttar Pradesh Vs. Singhara Singh AIR 1964 SC 358, Chandra Kishore Jha Vs. Mahavir Prasad 1999 (8) SCC 266,
Dhananjaya Reddy Vs. State of Karnataka 2001 (4) SCC 9 and Gujarat Urja Vikas Nigam Ltd. Vs. Essar Power
Ltd. 2008 (4) SCC 755.
In the case of Grasim Industries Ltd. Vs. Collector of Customs, Bombay, (2002) 4 SCC 297, the Hon’ble Supreme
Court held as under:-
“No words or expressions used in any statute can be said to be redundant or superfluous. In matters of interpretation
one should not concentrate too much on one word and pay too little attention to other words. No provision in the
statute and no word in any section can be construed in isolation. Every provision and every word must be looked at
generally and in the context in which it is used. It is said that every statute is an edict of the legislature. The
elementary principle of interpreting any word while considering a statute is to gather the mens or sententia legis of
the legislature. Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the
legislature is clearly conveyed, there is no scope for the Court to take upon itself the task of amending or alternating
the statutory provisions. Wherever the language is clear the intention of the legislature is to be gathered from the
language used. While doing so what has been said in the statute as also what has not been said has to be noted. The
construction which requires for its support addition or substitution of words or which results in rejection of words has
to be avoided”.
Hon’ble the Apex Court in the case of Bhavnagar University Vs. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111,
held as under:-
“24.
True meaning of a provision of law has to be determined on the basis of what provides by its clear language,
with due regard to the scheme of law.
25.
Scope of the legislation on the intention of the legislature cannot be enlarged when the language of the
provision is plain and unambiguous. In other words statutory enactments must ordinarily be construed according to
its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a
provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the rest of the
statute”.
In the case of Harshad S. Mehta Vs. State of Maharashtra, (2001) 8 SCC 257, it has been held as under:-
“There is no doubt that if the words are plain and simple and call for only one construction that construction is to be
adopted whatever be its effect”.
In the case of Union of India Vs. Hansoli Devo (2002) 7 SCC 273, Hon’ble the Supreme Court observed as under:-
“9.It is a cardinal principle of construction of statute that when language of the statute is plain and unambiguous,
then the court must give effect to the words used in the statute and it would not be open to the courts to adopt a
hypothetical construction on the ground that such construction is more consistent with the alleged object and policy
of the Act.”
In the case of Patango Kadam Vs. Prithviraj Sayajiro Yadav Deshmukh (2001) 3 SCC 594, took the view:-
“12. Thus when there is an ambiguity in terms of a provision, one must look at well-settled principles of construction
but it is not open to first to create an ambiguity which does not exist and then try to resolve the same by taking
recourse to some general principle.”
[भाग II— ण् ड3(ii)]
भारत का रािृत्र : नवम् बर 16, 2024/कार्तिक 25, 1946
4963
Also, Hon’ble the Supreme Court in the case of Popat Bahiru Govardhane & others vs. Special Land Acquisition
Officer & another (2013) 10 SCC 765 has held as under:
“16.
It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be
applied with all its rigour when the statute so prescribes. The court has no power to extend the period of limitation on
equitable grounds. The statutory provision may cause hardship or inconvenience to a particular party but the court
has no choice but to enforce it giving full effect to the same. The legal maxim dura lex sed lex which means "the law is
hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a
decisive factor to be considered while interpreting a statute. "A result flowing from a statutory provision is never an
evil. A court has no power to ignore that provision to relieve what it considers a distress resulting from its operation."
(See Martin Burn Ltd. v. Corpn. of Calcutta10, AIR p. 535, para 14 and Rohitash Kumar v. Om Prakash Sharma11.)
In view the above said facts as well as that the workman/Sri Rajesh Kumar Gaur cannot derive any benefit from the
facts on which he has approached the Tribunal after expiry of period three years from the date of his termination,
because his services were terminated on 06.08.2010, filed the present case on 12.07.2021 u/s 2A (2) of the Act, as
such, the claim petition is barred by the period of limitation as provided u/s 2A (3) of the Act, liable to be rejected.
In addition to above, the claimant by his application dated 10.07.2023, has prayed for withdrawal of present industrial
dispute, relevant portion quoted hereunder:
“1.
That the workman had filed this instant case Hon'ble C.G.I.T is pending since 2021.
2.
That now the workman wants to withdraw this instant case as the relevant facts and concerning
documentary evidences are not incorporated in the instant case due to wrong advice and legal guidance.
Now, the case is not in intial stages and not mature. Therefore, it is humbly prayed that this Hon'ble C.G.I.T.
kindly be pleased to allow the workman to withdraw the instant case and also grant liberty to file a fresh
case with proper legal advice and guidance before appropriate court in the interest of justice.”
Authorized representative of the workman on the basis of said application submits that he does not want to press the
present industrial dispute and the same may be dismissed as not pressed.
Learned counsel for respondent has no objection to above prayer.
Accordingly, in view of the above said facts, the claim of workman is dismissed as not pressed; and also being barred
by period of limitation as per section 2A (3) of the Industrial Disputes Act, 1947, with liberty to the claimant to
pursue its case before appropriate forum as per law.
Award as above.
LUCKNOW.
21st June, 2024
Justice ANIL KUMAR,, Presiding Officer
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH YADAVA
Digitally signed by GORAKHA NATH YADAVA
Date: 2024.11.27 12:04:37 +05'30'