478 GI/2025

(297)

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. 03]

नई दिल् ली, िनवरी 26—फरवरी —1, 2025, िजनवार/ माघ 6—माघ 12, 1946

No. 03]

NEW DELHI, JANUARY 26,—FEBRUARY—1, 2025, SATURDAY/MAGHA 6–MAGHA 12, 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

भाग II— 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)

जविेि मन्त्राल

(सी.ृी.वी. प्रभाग)

नई दिल्ली, 27 िनवरी, 2025

का.आ. 131.—रािनज क और कोंसुली अजिकारी (िृ एवं फीस) के अजिजन म, 1948 की िारा 2 के

ंड (क) के अनुसरण में वजिाजनक आिेि।

एति् द्वारा, केंद्र सरकार भारती िूतावास, ृेररस,में िुभोिीृ जवश्वास, सिा क अनुभाग अजिकारी, को

िनवरी 27, 2025 से सिा क कांसुलर अजिकारी के प ृ में कांसुलर सेवाओं का जनवविन करने के जलए अजिकषत करती िज।

[फा. सं. टी. 4330/01/2025(02)]

एस.आर.एच. फिमी, जनिेिक (सीृीवी)

सी.जी.-डी.एल.-सा.-13022025-260936

CG-DL-W-13022025-260936

298

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(CPV Division)

New Delhi, the 27th January, 2025

S.O. 131.—Statutory Order in pursuance of clause (a) of the Section 2 of the Diplomatic and Consular

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

Assistant Section Officer, in the Embassy of India, Paris as Assistant Consular Officer to perform Consular services

with effect from January 27, 2025.

[F. No. T.4330/01/2025(02)]

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

ृेरोजल म और प्राकषजतक गजस मंत्राल

नई दिल्ली, 27 िनवरी, 2025

का.आ. 132.—केन्द्री सरकार को लोकजित में ि आवश् क प्रतीत िोता िज दक ृजरोजल म ृिा व ृररवािन के

जलए जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड द्वारा जवसा (आन्र प्रिेि) से रा ृुर (छत्तीसगढ) ृाइृलाइन जिछाई

िानी चाजिए ;

और केन्द्री सरकार को ऐसी ृाइृलाइन जविा ृट्टणम जिला, आन्र प्रिेि राज् में जिछाने के प्र ोिन के जलए

ि आवश् क प्रतीत िोता िज दक ऐसी भूजम में िो इस से उृािद्ध अनुसूची में वर्णवत िज और जिसमें उक्त ृाइृलाइन जिछाए

िाने का प्रस्ट्ताव िज, उृ ोग के अजिकार का अिवन दक ा िाए ;

अतः अि, केन्द्री सरकार, ृेरोजल म और जनि ृाइृलाइन (भूजम में उृ ोग के अजिकार का अिवन)

अजिजन म, 1962 (1962 का 50) की िारा 3 की उृिारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, उस भूजम में

उृ ोग के अजिकार का अिवन करने के अृने आि की घोषणा करती िज ;

कोई व्यजक्त, िो उक्त अनुसूची में वर्णवत भूजम में जितिद्ध िज, उस तारी से जिसको इस अजिसूचना से ुक्त भारत

के रािृत्र की प्रजत ााँ सािारण िनता को उृलब्ि करा िी िाती िज, इक्कीस दिन के भीतर भूजम के नीचे ृाइृलाइन

जिछाए िाने के जलए उस में उृ ोग के अजिकार के अिवन के सम्िन्ि में सक्षम प्राजिकारी, जवसा - रा ृुर ृाइृलाइन

ृरर ोिना, जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड, भारत सरकार का उृक्रम, वीआर-ए टी ृी क्षेत्र, नवल िेस ृोस्ट्ट,

जविा ाृत्तनम-530014. को जलज त प ृ में आक्षेृ भेि सकेगा।

अनुसूची

जिलाः जविा ृट्टणम राज् ः आन्र प्रिेि

क्रम

सं्‍ ा

गााँव का नाम

मंडल का नाम

सवे सं्‍ ा

क्षेत्रफल

एकड

सेन््स

1

2

3

4

5

6

1

1. ृुल्लमिोटलृालेम-50

गोृालृट्टणम

15

00

41

2

2. नरव-17

ृेंिुती

410

00

13

3

482

00

18

4

413

00

01

5

414

00

02

6

3. िेरीृोतुृालेम-35

ृेंिुती

76

01

90

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

299

7

10

00

59

8

52

00

59

9

72

00

48

10

19

00

62

11

17

00

17

12

16

00

37

13

13

00

36

14

14

00

50

15

68

00

28

16

70

00

63

17

51

00

07

18

50

00

34

19

49

00

20

20

21

00

61

21

25

00

34

22

26

00

13

23

20

00

18

24

15

00

71

25

9

00

61

26

4. चींतगटल-37

ृेंिुती

60

00

28

27

61

00

20

28

59

01

08

29

66

00

01

30

67

00

55

31

5. जृन्नागडी-7/1

ृेंिुती

164

00

53

32

163

00

17

33

162

00

09

34

172

00

05

35

173

00

29

36

188

00

65

37

189

00

34

38

190

00

40

39

191

00

14

40

159

00

53

300

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

41

153

00

17

42

154

00

72

43

155

00

02

44

152

00

01

45

126

00

01

46

122

00

06

47

125

00

44

48

118

00

07

49

131

00

80

50

133

00

16

51

136

00

41

52

135

00

04

53

146

00

23

54

145

02

86

55

17

00

01

56

5

00

11

57

7

02

52

58

6. गरृल्ले-1

ृेंिुती

13

01

02

59

10

00

79

[फा. सं. आर-11025(11)/12/2018-ओआर-I/ई-25587)]

एस.एस.ससंि, अवर सजचव

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, the 27th January, 2025

S.O. 132.—Whereas, it appears to the Central Government that it is necessary in the public interest that for

the transportation of Petroleum Product from Visakha (Andhra Pradesh) to Raipur (Chhattisgarh) Pipeline should be

laid by Hindustan Petroleum Corporation Limited.

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

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

Visakhapatnam District in Andhra Pradesh State, which is described in the Schedule annexed to this notification;

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

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

declares its intention to acquire the right of user therein;

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

on which the copies of the Gazette of India containing this notification are made available to the general public, object

in writing to the acquisition of the right of user therein for laying of the pipeline under the land to The Competent

Authority, Visakha – Raipur Pipeline Project, Hindustan Petroleum Corporation Limited, Government of India

Enterprises, VR-ATP Area, Naval Base Post, Visakhapatnam-530014, Andhra Pradesh.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

301

SCHEDULE

District: Visakhapatnam State: Andhra Pradesh

Sl. No.

Name of Village

Name of Mandal

Survey No.

Area

Acres

Cents

1

2

3

4

5

6

1

1. Pullambhotlapalem-50

Gopalapatnam

15

00

41

2

2. Narava-17

Pendurthi

410

00

13

3

482

00

18

4

413

00

01

5

414

00

02

6

3. Jerripotulapalem-35

Pendurthi

76

01

90

7

10

00

59

8

52

00

59

9

72

00

48

10

19

00

62

11

17

00

17

12

16

00

37

13

13

00

36

14

14

00

50

15

68

00

28

16

70

00

63

17

51

00

07

18

50

00

34

19

49

00

20

20

21

00

61

21

25

00

34

22

26

00

13

23

20

00

18

24

15

00

71

25

9

00

61

26

4. Chintagatla-37

Pendurthi

60

00

28

27

61

00

20

28

59

01

08

29

66

00

01

30

67

00

55

31

5. Pinnagadi-7/1

Pendurthi

164

00

53

32

163

00

17

33

162

00

09

34

172

00

05

35

173

00

29

302

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

36

188

00

65

37

189

00

34

38

190

00

40

39

191

00

14

40

159

00

53

41

153

00

17

42

154

00

72

43

155

00

02

44

152

00

01

45

126

00

01

46

122

00

06

47

125

00

44

48

118

00

07

49

131

00

80

50

133

00

16

51

136

00

41

52

135

00

04

53

146

00

23

54

145

02

86

55

17

00

01

56

5

00

11

57

7

02

52

58

6. Gorapalle-1

Pendurthi

13

01

02

59

10

00

79

[F. No. R-11025(11)/12/2018-OR-I/E-25587]

S. S. SINGH, Under Secy.

नई दिल्ली, 27 िनवरी, 2025

का.आ. 133.—केन्द्री सरकार को लोकजित में ि आवश् क प्रतीत िोता िज दक ृजरोजल म ृिा व ृररवािन के

जलए जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड द्वारा जवसा (आन्र प्रिेि) से रा ृुर (छत्तीसगढ) ृाइृलाइन जिछाई

िानी चाजिए ;

और केन्द्री सरकार को ऐसी ृाइृलाइन अनकृल्ली जिला, आन्र प्रिेि राज् में जिछाने के प्र ोिन के जलए ि

आवश् क प्रतीत िोता िज दक ऐसी भूजम में िो इस से उृािद्ध अनुसूची में वर्णवत िज और जिसमें उक्त ृाइृलाइन जिछाए

िाने का प्रस्ट्ताव िज, उृ ोग के अजिकार का अिवन दक ा िाए ;

अतः अि, केन्द्री सरकार, ृेरोजल म और जनि ृाइृलाइन (भूजम में उृ ोग के अजिकार का अिवन)

अजिजन म, 1962 (1962 का 50) की िारा 3 की उृिारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, उस भूजम में

उृ ोग के अजिकार का अिवन करने के अृने आि की घोषणा करती िज ;

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

303

कोई व्यजक्त, िो उक्त अनुसूची में वर्णवत भूजम में जितिद्ध िज, उस तारी से जिसको इस अजिसूचना से ुक्त भारत

के रािृत्र की प्रजत ााँ सािारण िनता को उृलब्ि करा िी िाती िज, इक्कीस दिन के भीतर भूजम के नीचे ृाइृलाइन

जिछाए िाने के जलए उस में उृ ोग के अजिकार के अिवन के सम्िन्ि में सक्षम प्राजिकारी, जवसा - रा ृुर ृाइृलाइन

ृरर ोिना, जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड, भारत सरकार का उृक्रम, वीआर-ए टी ृी क्षेत्र, नवल िेस ृोस्ट्ट,

जविा ाृत्तनम-530014. को जलज त प ृ में आक्षेृ भेि सकेगा।

अनुसूची

जिलाः अनकृल्ली राज् ः आन्र प्रिेि

क्रम सं्‍ ा

गााँव का नाम

मंडल का नाम

सवे सं्‍ ा

क्षेत्रफल

एकड

सेन््स

1

2

3

4

5

6

1

1.चींतगटल अग्रिारम-24

सब्िावरम

42

00

78

2

41

00

02

3

39

00

35

4

38

00

27

5

31

00

29

6

32

00

06

7

29

00

21

8

33

00

21

9

25

00

34

10

22

00

40

11

5

00

04

12

23

00

22

13

2. अमषतृुरम-23

सब्िावरम

180

00

25

14

175

00

32

15

173

00

74

16

176

00

02

17

146

00

19

18

169

00

17

19

150

00

11

20

147

00

06

21

149

00

27

304

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

22

424

00

44

23

148

00

01

24

423

00

57

25

153

00

44

26

141

00

40

27

131

00

24

28

134

00

11

29

132

00

04

30

133

00

09

31

45

00

28

32

46

00

11

33

49

00

37

34

419

00

43

35

43

01

00

36

40

00

16

37

19

00

03

38

17

00

58

39

18

00

01

40

14

00

05

41

13

00

33

42

3. मोगलीृुरम-4

सब्िावरम

189

00

01

43

188

00

20

44

187

00

20

45

186

00

25

46

185

00

25

47

133

00

38

48

130

00

57

49

129

00

60

[फा. सं. आर-11025(11)/12/2018-ओआर-I/ई-25587]

एस.एस.ससंि, अवर सजचव

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

305

New Delhi, the 27th January, 2025

S.O. 133.—Whereas, it appears to the Central Government that it is necessary in the public interest that for

the transportation of Petroleum Product from Visakha (Andhra Pradesh) to Raipur (Chhattisgarh) Pipeline should be

laid by Hindustan Petroleum Corporation Limited.

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

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

District in Andhra Pradesh State, which is described in the Schedule annexed to this notification;

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

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

declares its intention to acquire the right of user therein;

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

on which the copies of the Gazette of India containing this notification are made available to the general public, object

in writing to the acquisition of the right of user therein for laying of the pipeline under the land to The Competent

Authority, Visakha – Raipur Pipeline Project, Hindustan Petroleum Corporation Limited, Government of India

Enterprises, VR-ATP Area, Naval Base Post, Visakhapatnam-530014, Andhra Pradesh.

SCHEDULE

District: Anakapalli State: Andhra Pradesh

Sl. No.

Name of Village

Name of Mandal

Survey No.

Area

Acres

Cents

1

2

3

4

5

6

1

1. Chintagatla Agraharam-24

Sabbavaram

42

00

78

2

41

00

02

3

39

00

35

4

38

00

27

5

31

00

29

6

32

00

06

7

29

00

21

8

33

00

21

9

25

00

34

10

22

00

40

11

5

00

04

12

23

00

22

13

2. Amrutapuram-23

Sabbavaram

180

00

25

14

175

00

32

15

173

00

74

16

176

00

02

17

146

00

19

18

169

00

17

19

150

00

11

20

147

00

06

21

149

00

27

22

424

00

44

23

148

00

01

306

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

24

423

00

57

25

153

00

44

26

141

00

40

27

131

00

24

28

134

00

11

29

132

00

04

30

133

00

09

31

45

00

28

32

46

00

11

33

49

00

37

34

419

00

43

35

43

01

00

36

40

00

16

37

19

00

03

38

17

00

58

39

18

00

01

40

14

00

05

41

13

00

33

42

3. Mogalipuram-4

Sabbavaram

189

00

01

43

188

00

20

44

187

00

20

45

186

00

25

46

185

00

25

47

133

00

38

48

130

00

57

49

129

00

60

[F. No. R-11025(11)/12/2018-OR-I/E-25587]

S. S. SINGH, Under Secy.

नई दिल्ली, 27 िनवरी, 2025

का.आ. 134.—केन्द्री सरकार को लोकजित में ि आवश् क प्रतीत िोता िज दक ृजरोजल म ृिा व ृररवािन के

जलए जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड द्वारा जवसा (आन्र प्रिेि) से रा ृुर (छत्तीसगढ) ृाइृलाइन जिछाई

िानी चाजिए ;

और केन्द्री सरकार को ऐसी ृाइृलाइन जवि नगरम जिला, आन्र प्रिेि राज् में जिछाने के प्र ोिन के जलए

ि आवश् क प्रतीत िोता िज दक ऐसी भूजम में िो इस से उृािद्ध अनुसूची में वर्णवत िज और जिसमें उक्त ृाइृलाइन जिछाए

िाने का प्रस्ट्ताव िज, उृ ोग के अजिकार का अिवन दक ा िाए ;

अतः अि, केन्द्री सरकार, ृेरोजल म और जनि ृाइृलाइन (भूजम में उृ ोग के अजिकार का अिवन)

अजिजन म, 1962 (1962 का 50) की िारा 3 की उृिारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, उस भूजम में

उृ ोग के अजिकार का अिवन करने के अृने आि की घोषणा करती िज ;

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

307

कोई व्यजक्त, िो उक्त अनुसूची में वर्णवत भूजम में जितिद्ध िज, उस तारी से जिसको इस अजिसूचना से ुक्त भारत

के रािृत्र की प्रजत ााँ सािारण िनता को उृलब्ि करा िी िाती िज, इक्कीस दिन के भीतर भूजम के नीचे ृाइृलाइन

जिछाए िाने के जलए उस में उृ ोग के अजिकार के अिवन के सम्िन्ि में सक्षम प्राजिकारी, जवसा - रा ृुर ृाइृलाइन

ृरर ोिना, जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड, भारत सरकार का उृक्रम, वी आर-ए टी ृी क्षेत्र, नवल िेस ृोस्ट्ट,

जविा ाृत्तनम-530014. को जलज त प ृ में आक्षेृ भेि सकेगा।

अनुसूची

जिलाः जवि नगरम राज् ः आन्र प्रिेि

क्रम

सं्‍ ा

गााँव का नाम

मंडल का नाम

सवे सं्‍ ा

क्षेत्रफल

एकड

सेन््स

1

2

3

4

5

6

1

1. संताृालेम-184

कोत्तवलस

24

00

02

2

25

00

79

3

26

00

11

4

21

00

15

5

20

00

19

6

19

00

73

7

17

00

51

8

16

01

63

9

12

00

55

10

2. िेंडेरु-181

कोत्तवलस

49

00

83

11

47

00

67

12

46

00

73

13

41

00

71

14

39

00

42

15

42

00

04

16

17

00

62

17

16

00

29

18

7

00

02

19

8

00

56

20

3

00

53

21

2

00

05

22

3. गुलीवीिड-179

कोत्तवलस

60

00

33

23

61

00

54

24

57

00

28

25

54

00

07

308

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

26

55

00

40

27

51

00

61

28

50

00

02

29

44

00

53

30

41

00

21

31

40

00

54

32

39

00

09

33

38

00

66

34

22

00

11

35

24

00

68

36

25

00

40

37

1

00

02

38

27

00

40

39

4. चीृुप वलसा-178

कोत्तवलस

95

00

83

40

97

00

28

41

98

00

48

42

106

00

55

43

42

00

13

44

41

00

55

45

108

00

23

46

109

00

33

47

110

00

18

48

112

00

24

49

113

00

95

50

116

00

13

51

5. सुिरय् ाृेटा-167

कोत्तवलस

53

00

18

52

48

00

63

53

47

00

12

54

49

00

17

55

42

00

29

56

41

00

29

57

40

00

45

58

33

00

05

59

21

00

62

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

309

60

22

00

20

61

24

00

45

62

25

00

06

63

7

00

48

64

26

00

42

65

4

00

44

66

6. वीरभिा्र ृुरम-168

कोत्तवलस

67

00

33

67

66

00

37

68

65

00

56

69

58

00

30

70

63

00

29

71

59

00

45

72

61

00

77

73

27

00

20

74

7. िेवड-163

कोत्तवलस

181

00

63

75

180

00

84

76

179

00

18

77

176

00

18

78

178

00

06

79

177

00

02

80

156

00

03

81

159

00

14

82

157

00

47

83

155

00

19

84

152

00

54

85

154

00

35

86

8. नरृम-169

कोत्तवलस

91

00

30

87

88

00

32

88

89

00

10

89

5

00

42

90

4

00

23

91

8

00

31

92

9

00

23

93

10

00

05

310

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

94

1

00

44

95

9. तामरृल्ली-162

लक्कवरृुकोटा

74

00

21

96

228

00

62

97

195

00

28

98

196

00

70

99

201

00

79

100

226

00

06

101

225

00

11

102

223

00

11

103

224

00

73

104

210

00

06

105

212

00

15

106

211

00

48

107

209

00

02

108

138

00

29

109

137

00

49

110

136

00

07

111

134

00

40

112

133

00

02

113

131

00

48

114

132

00

29

115

119

00

36

116

45

00

05

117

46

00

16

118

47

00

36

119

31

00

19

120

32

00

14

121

33

00

15

122

29

00

30

123

8

00

49

124

7

00

23

125

10. श्रीरामृुरम-121

लक्कवरृुकोटा

52

00

12

126

51

00

19

127

50

00

27

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

311

128

54

00

20

129

49

00

42

130

46

00

57

131

45

00

35

132

43

00

15

133

42

00

40

134

35

00

60

135

31

00

23

136

32

00

52

137

23

00

24

138

24

00

23

139

25

00

14

140

17

00

37

141

16

00

27

142

15

00

44

143

12

00

03

144

11

00

18

145

9

00

66

146

5

00

66

147

4

00

06

148

11. रेलीगौरम्माृेटा-122

लक्कवरृुकोटा

36

00

68

149

38

00

37

150

39

00

18

151

40

00

48

152

27

00

63

153

25

00

04

154

26

00

02

155

23

00

03

156

24

00

69

157

12. मलावृल्ली-123

लक्कवरृुकोटा

235

00

16

158

236

00

44

159

232

00

61

160

233

00

27

161

231

00

19

312

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

162

116

00

24

163

115

00

07

164

113

00

60

165

365

00

13

166

108

00

53

167

366

00

37

168

109

00

35

169

104

00

28

170

13. रंगाृुरम-101

लक्कवरृुकोटा

57

00

12

171

58

00

78

172

62

00

44

173

63

00

06

174

50

01

14

175

48

01

23

176

128

00

02

177

45

00

61

178

44

00

62

179

43

00

06

180

11

00

49

181

12

00

34

182

23

00

42

183

24

00

38

184

25

00

81

185

28

00

40

186

29

00

11

187

27

00

59

188

31

00

08

189

14. कुमावरम-103

लक्कवरृुकोटा

30

00

46

190

29

00

24

191

76

00

32

192

77

00

02

193

75

00

59

194

74

00

36

195

72

00

27

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

313

196

71

00

33

197

70

00

26

198

69

00

35

199

66

00

15

200

68

00

57

201

62

00

05

202

51

00

29

203

52

00

20

204

53

00

55

205

38

00

68

206

46

00

06

207

43

00

03

208

45

00

04

209

44

00

24

210

15. लक्कवरृुकोटा तलारी- 104

लक्कवरृुकोटा

61

00

15

211

60

00

31

212

58

00

36

213

56

00

24

214

18

00

61

215

19

00

25

216

21

00

60

217

12

00

34

218

11

00

08

219

134

00

89

220

133

00

03

221

137

00

04

222

136

00

46

223

16. कोट्ट ाडा-71

लक्कवरृुकोटा

213

00

34

224

191

00

42

225

192

00

37

226

194

00

15

227

197

00

23

228

201

00

48

229

198

00

40

314

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

230

199

00

54

231

183

00

36

232

43

00

02

233

44

00

03

234

45

00

18

235

172

00

17

236

171

00

40

237

66

00

57

238

67

00

24

239

74

00

02

240

64

00

31

241

62

00

82

242

63

00

16

243

61

00

27

244

59

00

46

245

78

00

14

246

80

00

20

247

83

00

38

248

85

00

83

249

87

00

06

250

17. वीरभद्रृेटा-72

लक्कवरृुकोटा

126

00

53

251

125

00

27

252

128

00

84

253

133

00

51

254

132

00

84

255

141

00

05

256

140

00

13

257

145

00

49

258

146

00

29

259

18. िगराम-55

िामी

109

00

62

260

133

00

15

261

132

00

45

262

130

00

08

263

129

00

12

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

315

264

125

00

53

265

139

00

02

266

124

00

15

267

123

00

30

268

142

00

37

269

144

00

29

270

145

00

09

271

190

00

20

272

191

00

59

273

188

00

02

274

192

00

05

275

194

00

04

276

195

00

04

277

187

00

02

278

19. तनवरम-49

िामी

184

00

52

279

185

00

29

280

179

00

26

281

178

00

20

282

177

00

42

283

175

00

03

284

169

00

10

285

172

00

46

286

174

00

02

287

173

00

08

288

157

00

41

289

155

00

31

290

128

00

38

291

129

00

36

292

138

00

40

293

137

00

36

294

140

00

30

295

141

00

06

296

66

00

49

297

56

00

48

316

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

298

57

00

27

299

54

00

40

300

59

00

35

301

48

00

02

302

60

00

05

303

20. जवजिजनजगरी-48

िामी

39

00

29

304

40

00

30

305

77

00

49

306

76

00

18

307

36

00

10

308

78

00

06

309

79

00

45

310

35

00

07

311

13

00

31

312

12

00

08

313

15

00

55

314

20

00

34

315

18

00

55

316

17

00

02

317

21. तंड्रंगी-42

िामी

203

00

57

318

204

00

39

319

209

00

53

320

208

00

10

321

171

00

39

322

172

00

55

323

137

00

32

324

138

00

35

325

133

00

46

326

130

00

47

327

125

00

61

328

120

00

50

329

127

00

04

330

118

00

38

331

116

00

36

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

317

332

115

00

31

333

114

00

41

334

88

00

19

335

113

00

04

336

89

00

18

337

86

00

09

338

22. कोट्टम-41

श्रुंगवरृुकोटा

161

00

59

339

160

00

02

340

158

00

57

341

135

00

26

342

137

00

44

343

118

00

13

344

117

00

02

345

139

00

07

346

140

00

41

347

116

00

09

348

111

00

23

349

112

00

02

350

110

00

28

351

106

00

36

352

105

00

37

353

104

00

18

354

103

00

41

355

98

00

25

356

88

00

55

357

93

00

53

358

23. ृेंटा श्रीरामृुरम-66

गन्ट ाडा

55

00

48

359

54

00

37

360

48

00

39

361

47

00

46

362

40

00

31

363

41

00

06

364

8

00

65

365

9

00

04

318

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

366

3

00

31

367

11

00

38

368

2

00

35

369

12

00

02

370

24. रेगुजिल्ली-67

गन्ट ाडा

89

00

32

371

86

00

47

372

83

01

22

373

25. डोंकाडा-64

गन्ट ाडा

33

00

50

374

34

00

23

375

32

00

16

376

31

00

19

377

30

00

81

378

29

00

03

379

26

00

04

380

24

00

27

381

23

00

49

382

21

00

37

383

20

00

40

384

17

00

23

385

15

00

02

386

16

00

30

387

26. वासादि-62

गन्ट ाडा

115

00

39

388

112

00

04

389

113

00

30

390

114

00

02

391

74

00

34

392

106

00

02

393

105

00

05

394

75

00

04

395

80

00

05

396

86

00

60

397

83

00

65

398

82

00

30

399

33

00

27

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

319

400

61

00

06

401

34

00

16

402

60

00

90

403

40

00

29

404

3

00

35

405

41

00

04

406

43

00

29

407

48

00

12

408

45

00

39

409

27. कोंडातामारृल्ली-60

गन्ट ाडा

135

00

61

410

136

00

34

411

138

00

44

412

156

00

09

413

161

00

58

414

158

00

28

415

160

00

02

416

159

00

34

417

110

00

77

418

93

00

75

419

94

00

02

420

84

00

06

421

83

00

65

422

70

00

50

423

63

00

56

424

62

00

19

425

56

00

26

426

55

00

13

427

57

00

47

428

54

00

10

429

28. जगन्िेरु-54

गन्ट ाडा

2

00

09

430

3

00

60

431

5

00

65

432

28

00

23

433

27

00

02

320

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

434

29

00

52

435

33

00

17

436

34

00

09

437

32

00

37

438

35

00

38

439

29. ृेिमाज्जीृालेम-53

गन्ट ाडा

104

00

51

440

105

00

02

441

103

00

38

442

98

00

33

443

97

00

24

444

96

00

42

445

95

00

36

446

45

00

82

447

44

00

44

448

43

00

48

449

41

00

24

450

30. मरुवाड कोत्त्त्तवलस-47

िोंडृल्ले

109

00

72

451

125

00

03

452

110

00

24

453

106

00

26

454

105

00

44

455

112

00

14

456

113

00

12

457

103

00

50

458

102

00

42

459

101

00

21

460

83

00

24

461

81

00

30

462

82

00

05

463

79

00

47

464

73

00

40

465

62

00

48

466

61

00

05

467

55

00

30

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

321

468

58

00

12

469

56

00

06

470

31. िुडतनाृल्ली रािेरु-34

िोंडृल्ले

220

00

66

471

214

00

82

472

210

00

10

473

211

00

29

474

175

00

29

475

167

00

16

476

168

00

20

477

169

00

30

478

170

00

25

479

171

00

33

480

179

00

18

481

156

00

05

482

154

00

42

483

151

00

45

484

150

00

35

485

148

00

49

486

123

00

35

487

124

00

21

488

125

00

42

489

119

00

12

490

118

00

40

491

77

00

41

492

75

00

07

493

78

00

07

494

81

00

28

495

82

00

38

496

83

00

50

497

95

00

28

498

94

00

49

499

96

00

07

500

93

00

10

501

32. चीन तामराृल्ले-33

िोंडृल्ले

135

00

65

322

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

502

119

00

24

503

117

00

46

504

118

00

09

505

115

00

12

506

114

00

41

507

113

00

03

508

110

00

30

509

33. राज द्रम-36

िोंडृल्ले

167

00

14

510

168

00

36

511

143

00

24

512

144

00

28

513

162

00

04

514

161

00

27

515

159

00

32

516

158

00

30

517

156

00

25

518

15

00

32

519

16

00

05

520

12

00

03

521

17

00

78

522

22

00

41

523

23

00

21

524

25

00

02

525

31

00

33

526

30

00

21

527

33

00

07

528

34

00

27

529

34. कजनमेरक-28

िोंडृल्ले

207

00

52

530

208

00

27

531

209

00

28

532

203

00

23

533

202

00

12

534

201

00

23

535

200

00

25

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

323

536

199

00

26

537

289

00

13

538

286

00

42

539

287

00

71

540

185

00

67

541

186

00

62

542

187

00

09

543

176

00

65

544

177

00

14

545

175

00

26

546

1

00

21

547

2

00

18

548

35. जग्टुृल्ले-29

िोंडृल्ले

169

00

06

549

168

00

41

550

161

00

44

551

162

00

13

552

159

00

05

553

158

00

40

554

157

00

04

555

156

00

20

556

154

00

07

557

155

00

38

558

148

00

47

559

149

00

04

560

119

00

30

561

118

00

19

562

120

00

37

563

113

00

38

564

112

00

42

565

111

00

34

566

108

00

33

567

107

00

28

568

106

00

20

569

105

00

39

324

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

570

104

00

27

571

103

00

31

572

102

00

36

573

101

00

54

574

99

00

21

575

97

00

52

576

96

00

02

577

36. िेवलृेटा-22

गिृजतनगरम

13

00

57

578

37. ृरवाड-12

गिृजतनगरम

88

00

53

579

87

00

37

580

94

00

33

581

85

00

06

582

84

00

20

583

78

00

38

584

77

00

47

585

76

00

37

586

75

00

34

587

74

00

14

588

71

00

51

589

72

00

24

590

38. गंगा चोल्लाृेंटा-178

गिृजतनगरम

200

00

08

591

201

00

38

592

202

00

24

593

203

00

03

594

183

00

06

595

178

00

16

596

181

00

51

597

180

00

09

598

111

00

37

599

108

00

81

600

105

00

34

601

106

00

03

602

103

00

34

603

98

00

24

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

325

604

96

00

42

605

95

00

46

606

91

00

04

607

59

00

07

608

58

00

46

609

57

00

54

610

63

00

26

611

64

00

15

612

65

00

34

613

66

00

05

614

68

00

21

615

76

00

48

616

71

00

10

617

75

00

26

618

39. ृाटिग्गम-170

गिृजतनगरम

255

00

05

619

251

00

34

620

252

00

08

621

250

00

08

622

249

00

42

623

247

00

15

624

246

00

34

625

226

00

16

626

227

00

24

627

243

00

10

628

242

00

33

629

238

00

21

630

239

00

08

631

240

00

25

632

177

00

08

633

86

00

32

634

85

00

14

635

89

00

23

636

84

00

09

637

78

00

02

326

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

638

79

00

46

639

82

00

18

640

81

00

02

641

72

00

40

642

71

00

10

643

55

00

94

644

49

00

38

645

50

00

19

646

302

00

28

647

303

00

41

648

301

00

49

649

40. िंगारम्मृेटा-175

गिृजतनगरम

111

00

65

650

110

00

03

651

62

00

26

652

58

00

18

653

60

00

32

654

59

00

27

655

65

00

11

656

66

00

56

657

68

00

31

658

76

00

10

659

77

00

73

660

78

00

35

661

41. कोम्ृंगी-138

मेंटाड

127

00

15

662

122

00

65

663

123

00

30

664

109

00

52

665

108

00

52

666

106

00

23

667

105

00

50

668

42. मीसालाृेट-107

मेंटाड

34

00

29

669

33

00

48

670

35

00

04

671

36

00

03

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

327

672

37

00

52

673

19

00

25

674

7

00

51

675

20

00

25

676

1

01

25

677

43. गडिावलस-171

ित्तीरािेरु

49

00

66

678

47

00

08

679

44. लक्ष्मीृुरम-197

ित्तीरािेरु

24

00

29

680

23

00

02

681

22

00

44

682

12

00

14

683

13

00

18

684

6

00

26

685

15

00

37

686

45. चीन्नाचमालृल्ले-195

ित्तीरािेरु

90

00

46

687

91

00

27

688

92

00

32

689

95

00

24

690

94

00

55

691

46. इंगीलृल्ली-173

ित्तीरािेरु

203

00

61

692

202

00

44

693

201

00

05

694

194

00

20

695

195

00

35

696

177

00

02

697

169

00

27

698

176

00

06

699

173

00

80

700

172

00

51

701

158

00

21

702

157

00

46

703

156

00

40

704

155

00

36

705

154

00

04

328

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

706

136

00

35

707

137

00

54

708

134

00

35

709

138

00

45

710

139

00

47

711

122

00

06

712

111

00

30

713

110

00

45

714

113

00

30

715

109

00

34

716

108

00

45

717

106

00

15

718

47. कोमाटीृल्ले-204

ित्तीरािेरु

7

00

20

719

12

00

06

720

11

00

56

721

14

00

11

722

30

00

08

723

39

00

24

724

37

00

42

725

36

00

36

726

48. मरडम-187

ित्तीरािेरु

346

00

60

727

345

00

03

728

348

00

39

729

359

00

35

730

338

00

39

731

360

00

45

732

336

00

40

733

333

00

26

734

334

00

40

735

231

00

32

736

230

00

08

737

220

00

20

738

221

00

10

739

219

00

23

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

329

740

208

00

57

741

206

00

58

742

205

00

42

743

203

00

15

744

200

00

60

745

195

00

07

746

193

00

15

747

194

00

06

748

96

00

24

749

97

00

45

750

100

00

29

751

99

00

27

752

102

00

02

753

103

00

59

754

112

00

38

755

113

00

21

756

114

00

28

757

122

00

41

758

118

00

02

759

123

00

41

760

124

00

63

761

17

00

36

762

16

00

89

763

13

00

17

764

12

00

27

765

9

00

05

766

8

00

21

767

7

00

40

768

6

00

59

769

49. कोरृा कोत्तावलसा-180

ित्तीरािेरु

118

00

28

770

117

00

13

771

120

00

78

772

122

00

34

773

123

00

44

330

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

774

127

00

21

775

188

00

12

776

147

00

39

777

148

00

02

778

146

00

38

779

149

00

26

780

150

00

44

781

151

00

42

782

157

00

48

783

158

00

07

784

159

00

20

785

161

00

05

786

160

00

07

787

50. कोरृा-177

ित्तीरािेरु

147

00

56

788

51. ृाृल लींगलवलसा-173

ित्तीरािेरु

65

00

30

789

64

00

04

790

62

00

29

791

61

00

32

792

60

00

33

793

56

00

41

794

57

00

94

795

45

00

48

796

33

00

68

797

32

00

60

798

12

00

04

799

10

00

25

800

11

00

07

801

250

00

10

802

249

00

63

803

14

00

34

804

15

00

02

805

16

00

76

806

170

00

28

807

171

00

59

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

331

808

173

00

16

809

52. जवरसग्रमा-174

िडंगी

186

00

97

810

184

00

30

811

183

00

11

812

181

00

21

813

179

00

33

814

53. कोडुप -171

िडंगी

311

00

45

815

322

00

56

816

323

00

07

817

306

00

02

818

305

00

51

819

303

00

48

820

301

00

71

821

292

00

52

822

293

00

09

823

291

00

31

824

290

00

46

825

286

00

38

826

287

00

23

827

270

00

10

828

267

00

67

829

261

00

45

830

262

00

23

831

258

00

03

832

253

00

29

833

199

00

52

834

255

00

34

835

254

00

34

836

206

00

65

837

256

00

02

838

205

00

46

839

204

00

27

840

51

00

07

841

164

00

47

332

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

842

60

00

45

843

163

00

20

844

64

00

45

845

161

00

30

846

98

00

34

847

96

00

15

848

92

00

30

849

93

00

24

850

95

00

07

851

94

00

23

852

54. रामचंद्रृुरम-128

िडंगी

19

00

39

853

18

00

05

854

20

00

08

855

23

00

14

856

24

00

18

857

26

00

52

858

25

00

65

859

6

00

09

860

5

00

27

861

4

00

14

862

55. ृुिीवलसा-129

िडंगी

40

00

11

863

41

00

55

864

45

00

17

865

54

00

32

866

57

00

40

867

56

00

54

868

56. मल्लमृेट-127

िडंगी

105

00

18

869

104

00

70

870

106

01

40

871

96

00

19

872

107

00

31

873

95

00

31

874

94

00

36

875

93

00

26

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

333

876

85

00

04

877

86

00

03

878

84

00

02

879

58

00

34

880

59

00

33

881

56

00

23

882

55

00

32

883

50

00

33

884

118

00

40

885

119

00

16

886

49

00

50

887

48

00

08

888

57. ृल्टेप -126

िडंगी

220

00

06

889

221

00

41

890

247

00

41

891

260

00

35

892

259

00

18

893

258

00

55

894

261

00

45

895

263

00

32

896

265

00

35

897

268

00

51

898

269

00

33

899

275

00

10

900

274

00

16

901

273

00

70

902

292

00

06

903

294

00

63

904

293

00

17

905

295

00

41

906

311

00

41

907

312

00

18

908

310

00

38

909

1

00

99

334

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

910

58. अलिंगी-113

िोब्िीली

336

00

53

911

338

00

20

912

339

00

47

913

343

00

81

914

344

00

56

915

345

00

30

916

347

00

35

917

321

00

12

918

322

00

47

919

316

00

21

920

315

00

33

921

311

00

35

922

312

00

08

923

309

00

14

924

306

00

21

925

307

00

46

926

308

00

06

927

301

00

39

928

302

01

34

929

281

00

06

930

283

00

45

931

284

00

28

932

287

00

41

933

286

00

30

934

59. ंिन्नवलस-112

िोब्िीली

103

00

27

935

104

00

70

936

106

00

31

937

107

00

37

938

108

00

10

939

110

00

40

940

111

00

68

941

112

00

56

942

60. ृीररडी-96

िोब्िीली

342

00

18

943

341

00

14

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

335

944

343

00

12

945

344

00

33

946

345

00

11

947

346

00

56

948

378

00

63

949

376

00

46

950

375

00

08

951

364

00

55

952

365

00

16

953

138

00

03

954

137

00

31

955

136

00

41

956

139

00

02

957

140

00

16

958

132

00

23

959

130

00

30

960

131

00

58

961

124

00

13

962

123

00

70

963

61. कोंडिेवुृल्ले-110

िोब्िीली

2

00

02

964

62. कम्मावलस-99

िोब्िीली

48

00

73

965

49

00

62

966

44

00

41

967

50

00

23

968

43

00

46

969

52

00

30

970

53

00

65

971

55

00

25

972

34

00

29

973

33

00

44

974

16

00

44

975

31

00

11

976

29

00

57

977

28

00

57

336

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

978

27

00

67

979

20

00

04

980

22

00

47

981

21

00

18

982

63. रामडूवलस-48

िोब्िीली

12

00

32

983

13

00

77

984

14

00

31

985

8

00

09

986

5

00

63

987

6

00

45

988

2

00

62

989

1

00

84

990

44

00

27

991

45

00

15

992

47

00

44

993

64. चींताडा-49

िोब्िीली

496

00

05

994

495

00

62

995

494

00

30

996

493

00

08

997

176

00

71

998

177

00

42

999

192

00

07

1000

178

00

28

1001

171

00

06

1002

170

00

48

1003

179

00

02

1004

180

00

10

1005

182

00

50

1006

181

00

02

1007

183

00

31

1008

157

00

04

1009

156

00

26

1010

154

00

60

1011

149

01

10

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

337

1012

150

00

02

1013

151

00

13

1014

472

00

28

1015

471

00

58

1016

104

00

55

1017

108

00

57

1018

470

00

39

1019

469

00

37

1020

103

00

81

1021

464

00

48

[फा. सं. आर-11025(11)/12/2018-ओआर-I/ई-25587]

एस.एस.ससंि, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 134.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the

transportation of Petroleum Product from Visakha (Andhra Pradesh) to Raipur (Chhattisgarh) Pipeline should be laid

by Hindustan Petroleum Corporation Limited.

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

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

Vizianagaram District in Andhra Pradesh State, which is described in the Schedule annexed to this notification;

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

Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its

intention to acquire the right of user therein;

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

which the copies of the Gazette of India containing this notification are made available to the general public, object in

writing to the acquisition of the right of user therein for laying of the pipeline under the land to The Competent

Authority, Visakha – Raipur Pipeline Project, Hindustan Petroleum Corporation Limited, Government of India

Enterprises, VR-ATP Area, Naval Base Post, Visakhapatnam-530014, Andhra Pradesh.

SCHEDULE

District: Vizianagaram State: Andhra Pradesh

Sl. No.

Name of Village

Name of Mandal

Survey No.

Area

Acres

Cents

1

2

3

4

5

6

1

1. Santapalem-184

Kothavalasa

24

00

02

2

25

00

79

3

26

00

11

4

21

00

15

5

20

00

19

6

19

00

73

7

17

00

51

8

16

01

63

9

12

00

55

10

2. Denderu-181

Kothavalasa

49

00

83

11

47

00

67

338

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

12

46

00

73

13

41

00

71

14

39

00

42

15

42

00

04

16

17

00

62

17

16

00

29

18

7

00

02

19

8

00

56

20

3

00

53

21

2

00

05

22

3. Gulividada - 179

Kothavalasa

60

00

33

23

61

00

54

24

57

00

28

25

54

00

07

26

55

00

40

27

51

00

61

28

50

00

02

29

44

00

53

30

41

00

21

31

40

00

54

32

39

00

09

33

38

00

66

34

22

00

11

35

24

00

68

36

25

00

40

37

1

00

02

38

27

00

40

39

4. Chipuruvalasa-178

Kothavalasa

95

00

83

40

97

00

28

41

98

00

48

42

106

00

55

43

42

00

13

44

41

00

55

45

108

00

23

46

109

00

33

47

110

00

18

48

112

00

24

49

113

00

95

50

116

00

13

51

5. Sundarayyapeta-167

Kothavalasa

53

00

18

52

48

00

63

53

47

00

12

54

49

00

17

55

42

00

29

56

41

00

29

57

40

00

45

58

33

00

05

59

21

00

62

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

339

60

22

00

20

61

24

00

45

62

25

00

06

63

7

00

48

64

26

00

42

65

4

00

44

66

6. Virabhadra Puram-168

Kothavalasa

67

00

33

67

66

00

37

68

65

00

56

69

58

00

30

70

63

00

29

71

59

00

45

72

61

00

77

73

27

00

20

74

7. Devada-163

Kothavalasa

181

00

63

75

180

00

84

76

179

00

18

77

176

00

18

78

178

00

06

79

177

00

02

80

156

00

03

81

159

00

14

82

157

00

47

83

155

00

19

84

152

00

54

85

154

00

35

86

8. Narapam-169

Kothavalasa

91

00

30

87

88

00

32

88

89

00

10

89

5

00

42

90

4

00

23

91

8

00

31

92

9

00

23

93

10

00

05

94

1

00

44

95

9. Tamarapalli-162

Lakkavarapukota

74

00

21

96

228

00

62

97

195

00

28

98

196

00

70

99

201

00

79

100

226

00

06

101

225

00

11

102

223

00

11

103

224

00

73

104

210

00

06

105

212

00

15

106

211

00

48

340

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

107

209

00

02

108

138

00

29

109

137

00

49

110

136

00

07

111

134

00

40

112

133

00

02

113

131

00

48

114

132

00

29

115

119

00

36

116

45

00

05

117

46

00

16

118

47

00

36

119

31

00

19

120

32

00

14

121

33

00

15

122

29

00

30

123

8

00

49

124

7

00

23

125

10. Srirampuram-121

Lakkavarapukota

52

00

12

126

51

00

19

127

50

00

27

128

54

00

20

129

49

00

42

130

46

00

57

131

45

00

35

132

43

00

15

133

42

00

40

134

35

00

60

135

31

00

23

136

32

00

52

137

23

00

24

138

24

00

23

139

25

00

14

140

17

00

37

141

16

00

27

142

15

00

44

143

12

00

03

144

11

00

18

145

9

00

66

146

5

00

66

147

4

00

06

148

11. Relligaurammapeta-122

Lakkavarapukota

36

00

68

149

38

00

37

150

39

00

18

151

40

00

48

152

27

00

63

153

25

00

04

154

26

00

02

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

341

155

23

00

03

156

24

00

69

157

12. Marlapalli-123

Lakkavarapukota

235

00

16

158

236

00

44

159

232

00

61

160

233

00

27

161

231

00

19

162

116

00

24

163

115

00

07

164

113

00

60

165

365

00

13

166

108

00

53

167

366

00

37

168

109

00

35

169

104

00

28

170

13. Rangapuram-101

Lakkavarapukota

57

00

12

171

58

00

78

172

62

00

44

173

63

00

06

174

50

01

14

175

48

01

23

176

128

00

02

177

45

00

61

178

44

00

62

179

43

00

06

180

11

00

49

181

12

00

34

182

23

00

42

183

24

00

38

184

25

00

81

185

28

00

40

186

29

00

11

187

27

00

59

188

31

00

08

189

14. Kurmavaram-103

Lakkavarapukota

30

00

46

190

29

00

24

191

76

00

32

192

77

00

02

193

75

00

59

194

74

00

36

195

72

00

27

196

71

00

33

197

70

00

26

198

69

00

35

199

66

00

15

200

68

00

57

201

62

00

05

342

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

202

51

00

29

203

52

00

20

204

53

00

55

205

38

00

68

206

46

00

06

207

43

00

03

208

45

00

04

209

44

00

24

210

15. Lakkavarapukota Talari- 104

Lakkavarapukota

61

00

15

211

60

00

31

212

58

00

36

213

56

00

24

214

18

00

61

215

19

00

25

216

21

00

60

217

12

00

34

218

11

00

08

219

134

00

89

220

133

00

03

221

137

00

04

222

136

00

46

223

16. Kotyada-71

Lakkavarapukota

213

00

34

224

191

00

42

225

192

00

37

226

194

00

15

227

197

00

23

228

201

00

48

229

198

00

40

230

199

00

54

231

183

00

36

232

43

00

02

233

44

00

03

234

45

00

18

235

172

00

17

236

171

00

40

237

66

00

57

238

67

00

24

239

74

00

02

240

64

00

31

241

62

00

82

242

63

00

16

243

61

00

27

244

59

00

46

245

78

00

14

246

80

00

20

247

83

00

38

248

85

00

83

249

87

00

06

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

343

250

17. Virabhadrapeta-72

Lakkavarapukota

126

00

53

251

125

00

27

252

128

00

84

253

133

00

51

254

132

00

84

255

141

00

05

256

140

00

13

257

145

00

49

258

146

00

29

259

18. Jagaram-55

Jami

109

00

62

260

133

00

15

261

132

00

45

262

130

00

08

263

129

00

12

264

125

00

53

265

139

00

02

266

124

00

15

267

123

00

30

268

142

00

37

269

144

00

29

270

145

00

09

271

190

00

20

272

191

00

59

273

188

00

02

274

192

00

05

275

194

00

04

276

195

00

04

277

187

00

02

278

19. Tanavaram-49

Jami

184

00

52

279

185

00

29

280

179

00

26

281

178

00

20

282

177

00

42

283

175

00

03

284

169

00

10

285

172

00

46

286

174

00

02

287

173

00

08

288

157

00

41

289

155

00

31

290

128

00

38

291

129

00

36

292

138

00

40

293

137

00

36

294

140

00

30

295

141

00

06

296

66

00

49

344

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

297

56

00

48

298

57

00

27

299

54

00

40

300

59

00

35

301

48

00

02

302

60

00

05

303

20. Vizinigiri-48

Jami

39

00

29

304

40

00

30

305

77

00

49

306

76

00

18

307

36

00

10

308

78

00

06

309

79

00

45

310

35

00

07

311

13

00

31

312

12

00

08

313

15

00

55

314

20

00

34

315

18

00

55

316

17

00

02

317

21. Tandrangi-42

Jami

203

00

57

318

204

00

39

319

209

00

53

320

208

00

10

321

171

00

39

322

172

00

55

323

137

00

32

324

138

00

35

325

133

00

46

326

130

00

47

327

125

00

61

328

120

00

50

329

127

00

04

330

118

00

38

331

116

00

36

332

115

00

31

333

114

00

41

334

88

00

19

335

113

00

04

336

89

00

18

337

86

00

09

338

22. Kottam-41

Srungavarapukota

161

00

59

339

160

00

02

340

158

00

57

341

135

00

26

342

137

00

44

343

118

00

13

344

117

00

02

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

345

345

139

00

07

346

140

00

41

347

116

00

09

348

111

00

23

349

112

00

02

350

110

00

28

351

106

00

36

352

105

00

37

353

104

00

18

354

103

00

41

355

98

00

25

356

88

00

55

357

93

00

53

358

23. Penta Srirampuram-66

Gantyada

55

00

48

359

54

00

37

360

48

00

39

361

47

00

46

362

40

00

31

363

41

00

06

364

8

00

65

365

9

00

04

366

3

00

31

367

11

00

38

368

2

00

35

369

12

00

02

370

24. Regubili-67

Gantyada

89

00

32

371

86

00

47

372

83

01

22

373

25. Donkada-64

Gantyada

33

00

50

374

34

00

23

375

32

00

16

376

31

00

19

377

30

00

81

378

29

00

03

379

26

00

04

380

24

00

27

381

23

00

49

382

21

00

37

383

20

00

40

384

17

00

23

385

15

00

02

386

16

00

30

387

26. Vasadi-62

Gantyada

115

00

39

388

112

00

04

389

113

00

30

390

114

00

02

391

74

00

34

346

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

392

106

00

02

393

105

00

05

394

75

00

04

395

80

00

05

396

86

00

60

397

83

00

65

398

82

00

30

399

33

00

27

400

61

00

06

401

34

00

16

402

60

00

90

403

40

00

29

404

3

00

35

405

41

00

04

406

43

00

29

407

48

00

12

408

45

00

39

409

27. Kondatamarapalli-60

Gantyada

135

00

61

410

136

00

34

411

138

00

44

412

156

00

09

413

161

00

58

414

158

00

28

415

160

00

02

416

159

00

34

417

110

00

77

418

93

00

75

419

94

00

02

420

84

00

06

421

83

00

65

422

70

00

50

423

63

00

56

424

62

00

19

425

56

00

26

426

55

00

13

427

57

00

47

428

54

00

10

429

28. Ginjeru-54

Gantyada

2

00

09

430

3

00

60

431

5

00

65

432

28

00

23

433

27

00

02

434

29

00

52

435

33

00

17

436

34

00

09

437

32

00

37

438

35

00

38

439

29. Pedamajipalem-53

Gantyada

104

00

51

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

347

440

105

00

02

441

103

00

38

442

98

00

33

443

97

00

24

444

96

00

42

445

95

00

36

446

45

00

82

447

44

00

44

448

43

00

48

449

41

00

24

450

30. Maruvada Kottavalasa-47

Bondapalle

109

00

72

451

125

00

03

452

110

00

24

453

106

00

26

454

105

00

44

455

112

00

14

456

113

00

12

457

103

00

50

458

102

00

42

459

101

00

21

460

83

00

24

461

81

00

30

462

82

00

05

463

79

00

47

464

73

00

40

465

62

00

48

466

61

00

05

467

55

00

30

468

58

00

12

469

56

00

06

470

31. Budatanapalle rajeru-34

Bondapalle

220

00

66

471

214

00

82

472

210

00

10

473

211

00

29

474

175

00

29

475

167

00

16

476

168

00

20

477

169

00

30

478

170

00

25

479

171

00

33

480

179

00

18

481

156

00

05

482

154

00

42

483

151

00

45

484

150

00

35

485

148

00

49

486

123

00

35

348

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

487

124

00

21

488

125

00

42

489

119

00

12

490

118

00

40

491

77

00

41

492

75

00

07

493

78

00

07

494

81

00

28

495

82

00

38

496

83

00

50

497

95

00

28

498

94

00

49

499

96

00

07

500

93

00

10

501

32. Chinatamarapalle-33

Bondapalle

135

00

65

502

119

00

24

503

117

00

46

504

118

00

09

505

115

00

12

506

114

00

41

507

113

00

03

508

110

00

30

509

33. Rayidram-36

Bondapalle

167

00

14

510

168

00

36

511

143

00

24

512

144

00

28

513

162

00

04

514

161

00

27

515

159

00

32

516

158

00

30

517

156

00

25

518

15

00

32

519

16

00

05

520

12

00

03

521

17

00

78

522

22

00

41

523

23

00

21

524

25

00

02

525

31

00

33

526

30

00

21

527

33

00

07

528

34

00

27

529

34. Kanimeraka-28

Bondapalle

207

00

52

530

208

00

27

531

209

00

28

532

203

00

23

533

202

00

12

534

201

00

23

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

349

535

200

00

25

536

199

00

26

537

289

00

13

538

286

00

42

539

287

00

71

540

185

00

67

541

186

00

62

542

187

00

09

543

176

00

65

544

177

00

14

545

175

00

26

546

1

00

21

547

2

00

18

548

35. Gittupalle-29

Bondapalle

169

00

06

549

168

00

41

550

161

00

44

551

162

00

13

552

159

00

05

553

158

00

40

554

157

00

04

555

156

00

20

556

154

00

07

557

155

00

38

558

148

00

47

559

149

00

04

560

119

00

30

561

118

00

19

562

120

00

37

563

113

00

38

564

112

00

42

565

111

00

34

566

108

00

33

567

107

00

28

568

106

00

20

569

105

00

39

570

104

00

27

571

103

00

31

572

102

00

36

573

101

00

54

574

99

00

21

575

97

00

52

576

96

00

02

577

36. Davalapeta-22

Gajapathinagaram

13

00

57

578

37. Patruvada-12

Gajapathinagaram

88

00

53

579

87

00

37

580

94

00

33

581

85

00

06

350

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

582

84

00

20

583

78

00

38

584

77

00

47

585

76

00

37

586

75

00

34

587

74

00

14

588

71

00

51

589

72

00

24

590

38. Gangachollapenta-178

Gajapathinagaram

200

00

08

591

201

00

38

592

202

00

24

593

203

00

03

594

183

00

06

595

178

00

16

596

181

00

51

597

180

00

09

598

111

00

37

599

108

00

81

600

105

00

34

601

106

00

03

602

103

00

34

603

98

00

24

604

96

00

42

605

95

00

46

606

91

00

04

607

59

00

07

608

58

00

46

609

57

00

54

610

63

00

26

611

64

00

15

612

65

00

34

613

66

00

05

614

68

00

21

615

76

00

48

616

71

00

10

617

75

00

26

618

39. Patabaggam-170

Gajapathinagaram

255

00

05

619

251

00

34

620

252

00

08

621

250

00

08

622

249

00

42

623

247

00

15

624

246

00

34

625

226

00

16

626

227

00

24

627

243

00

10

628

242

00

33

629

238

00

21

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

351

630

239

00

08

631

240

00

25

632

177

00

08

633

86

00

32

634

85

00

14

635

89

00

23

636

84

00

09

637

78

00

02

638

79

00

46

639

82

00

18

640

81

00

02

641

72

00

40

642

71

00

10

643

55

00

94

644

49

00

38

645

50

00

19

646

302

00

28

647

303

00

41

648

301

00

49

649

40. Bangarammapeta-175

Gajapathinagaram

111

00

65

650

110

00

03

651

62

00

26

652

58

00

18

653

60

00

32

654

59

00

27

655

65

00

11

656

66

00

56

657

68

00

31

658

76

00

10

659

77

00

73

660

78

00

35

661

41. Kompangi-138

Mentada

127

00

15

662

122

00

65

663

123

00

30

664

109

00

52

665

108

00

52

666

106

00

23

667

105

00

50

668

42. Messalapeta-107

Mentada

34

00

29

669

33

00

48

670

35

00

04

671

36

00

03

672

37

00

52

673

19

00

25

674

7

00

51

675

20

00

25

676

1

01

25

352

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

677

43. Gadabavalasa-171

Dattirajeru

49

00

66

678

47

00

08

679

44. Lakshmipuram-197

Dattirajeru

24

00

29

680

23

00

02

681

22

00

44

682

12

00

14

683

13

00

18

684

6

00

26

685

15

00

37

686

45. Chinna Chamalapalle-195

Dattirajeru

90

00

46

687

91

00

27

688

92

00

32

689

95

00

24

690

94

00

55

691

46. Ingilapalli-173

Dattirajeru

203

00

61

692

202

00

44

693

201

00

05

694

194

00

20

695

195

00

35

696

177

00

02

697

169

00

27

698

176

00

06

699

173

00

80

700

172

00

51

701

158

00

21

702

157

00

46

703

156

00

40

704

155

00

36

705

154

00

04

706

136

00

35

707

137

00

54

708

134

00

35

709

138

00

45

710

139

00

47

711

122

00

06

712

111

00

30

713

110

00

45

714

113

00

30

715

109

00

34

716

108

00

45

717

106

00

15

718

47. Komatipalle-204

Dattirajeru

7

00

20

719

12

00

06

720

11

00

56

721

14

00

11

722

30

00

08

723

39

00

24

724

37

00

42

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

353

725

36

00

36

726

48. Maradam-187

Dattirajeru

346

00

60

727

345

00

03

728

348

00

39

729

359

00

35

730

338

00

39

731

360

00

45

732

336

00

40

733

333

00

26

734

334

00

40

735

231

00

32

736

230

00

08

737

220

00

20

738

221

00

10

739

219

00

23

740

208

00

57

741

206

00

58

742

205

00

42

743

203

00

15

744

200

00

60

745

195

00

07

746

193

00

15

747

194

00

06

748

96

00

24

749

97

00

45

750

100

00

29

751

99

00

27

752

102

00

02

753

103

00

59

754

112

00

38

755

113

00

21

756

114

00

28

757

122

00

41

758

118

00

02

759

123

00

41

760

124

00

63

761

17

00

36

762

16

00

89

763

13

00

17

764

12

00

27

765

9

00

05

766

8

00

21

767

7

00

40

768

6

00

59

769

49. Korapa Kottavalasa-180

Dattirajeru

118

00

28

770

117

00

13

771

120

00

78

354

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

772

122

00

34

773

123

00

44

774

127

00

21

775

188

00

12

776

147

00

39

777

148

00

02

778

146

00

38

779

149

00

26

780

150

00

44

781

151

00

42

782

157

00

48

783

158

00

07

784

159

00

20

785

161

00

05

786

160

00

07

787

50. Korapa -177

Dattirajeru

147

00

56

788

51. Pappala lingalavalasa-173

Dattirajeru

65

00

30

789

64

00

04

790

62

00

29

791

61

00

32

792

60

00

33

793

56

00

41

794

57

00

94

795

45

00

48

796

33

00

68

797

32

00

60

798

12

00

04

799

10

00

25

800

11

00

07

801

250

00

10

802

249

00

63

803

14

00

34

804

15

00

02

805

16

00

76

806

170

00

28

807

171

00

59

808

173

00

16

809

52. Virasagaram-174

Badangi

186

00

97

810

184

00

30

811

183

00

11

812

181

00

21

813

179

00

33

814

53. Koduru-171

Badangi

311

00

45

815

322

00

56

816

323

00

07

817

306

00

02

818

305

00

51

819

303

00

48

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

355

820

301

00

71

821

292

00

52

822

293

00

09

823

291

00

31

824

290

00

46

825

286

00

38

826

287

00

23

827

270

00

10

828

267

00

67

829

261

00

45

830

262

00

23

831

258

00

03

832

253

00

29

833

199

00

52

834

255

00

34

835

254

00

34

836

206

00

65

837

256

00

02

838

205

00

46

839

204

00

27

840

51

00

07

841

164

00

47

842

60

00

45

843

163

00

20

844

64

00

45

845

161

00

30

846

98

00

34

847

96

00

15

848

92

00

30

849

93

00

24

850

95

00

07

851

94

00

23

852

54. Ramachandrapuram-128

Badangi

19

00

39

853

18

00

05

854

20

00

08

855

23

00

14

856

24

00

18

857

26

00

52

858

25

00

65

859

6

00

09

860

5

00

27

861

4

00

14

862

55. Pudivalasa-129

Badangi

40

00

11

863

41

00

55

864

45

00

17

865

54

00

32

866

57

00

40

356

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

867

56

00

54

868

56. Mallammapeta-127

Badangi

105

00

18

869

104

00

70

870

106

01

40

871

96

00

19

872

107

00

31

873

95

00

31

874

94

00

36

875

93

00

26

876

85

00

04

877

86

00

03

878

84

00

02

879

58

00

34

880

59

00

33

881

56

00

23

882

55

00

32

883

50

00

33

884

118

00

40

885

119

00

16

886

49

00

50

887

48

00

08

888

57. Palteru-126

Badangi

220

00

06

889

221

00

41

890

247

00

41

891

260

00

35

892

259

00

18

893

258

00

55

894

261

00

45

895

263

00

32

896

265

00

35

897

268

00

51

898

269

00

33

899

275

00

10

900

274

00

16

901

273

00

70

902

292

00

06

903

294

00

63

904

293

00

17

905

295

00

41

906

311

00

41

907

312

00

18

908

310

00

38

909

1

00

99

910

58. Alajangi-113

Bobbili

336

00

53

911

338

00

20

912

339

00

47

913

343

00

81

914

344

00

56

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

357

915

345

00

30

916

347

00

35

917

321

00

12

918

322

00

47

919

316

00

21

920

315

00

33

921

311

00

35

922

312

00

08

923

309

00

14

924

306

00

21

925

307

00

46

926

308

00

06

927

301

00

39

928

302

01

34

929

281

00

06

930

283

00

45

931

284

00

28

932

287

00

41

933

286

00

30

934

59. Yembannavalasa-112

Bobbili

103

00

27

935

104

00

70

936

106

00

31

937

107

00

37

938

108

00

10

939

110

00

40

940

111

00

68

941

112

00

56

942

60. Piridi-96

Bobbili

342

00

18

943

341

00

14

944

343

00

12

945

344

00

33

946

345

00

11

947

346

00

56

948

378

00

63

949

376

00

46

950

375

00

08

951

364

00

55

952

365

00

16

953

138

00

03

954

137

00

31

955

136

00

41

956

139

00

02

957

140

00

16

958

132

00

23

959

130

00

30

960

131

00

58

961

124

00

13

358

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

962

123

00

70

963

61. Kondadevupalle-110

Bobbili

2

00

02

964

62. Kammavalasa-99

Bobbili

48

00

73

965

49

00

62

966

44

00

41

967

50

00

23

968

43

00

46

969

52

00

30

970

53

00

65

971

55

00

25

972

34

00

29

973

33

00

44

974

16

00

44

975

31

00

11

976

29

00

57

977

28

00

57

978

27

00

67

979

20

00

04

980

22

00

47

981

21

00

18

982

63. Ramuduvalasa-48

Bobbili

12

00

32

983

13

00

77

984

14

00

31

985

8

00

09

986

5

00

63

987

6

00

45

988

2

00

62

989

1

00

84

990

44

00

27

991

45

00

15

992

47

00

44

993

64. Chintada-49

Bobbili

496

00

05

994

495

00

62

995

494

00

30

996

493

00

08

997

176

00

71

998

177

00

42

999

192

00

07

1000

178

00

28

1001

171

00

06

1002

170

00

48

1003

179

00

02

1004

180

00

10

1005

182

00

50

1006

181

00

02

1007

183

00

31

1008

157

00

04

1009

156

00

26

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

359

1010

154

00

60

1011

149

01

10

1012

150

00

02

1013

151

00

13

1014

472

00

28

1015

471

00

58

1016

104

00

55

1017

108

00

57

1018

470

00

39

1019

469

00

37

1020

103

00

81

1021

464

00

48

[F. No. R-11025(11)/12/2018-OR-I/E-25587]

S. S. SINGH, Under Secy.

नई दिल्ली, 27 िनवरी, 2025

का.आ. 135.—केन्द्री सरकार को लोकजित में ि आवश् क प्रतीत िोता िज दक ृजरोजल म ृिा व ृररवािन के

जलए जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड द्वारा जवसा (आन्र प्रिेि) से रा ृुर (छत्तीसगढ) ृाइृलाइन जिछाई

िानी चाजिए ;

और केन्द्री सरकार को ऐसी ृाइृलाइन ृाववतीृुरम मान् म जिला, आन्र प्रिेि राज् में जिछाने के प्र ोिन के

जलए ि आवश् क प्रतीत िोता िज दक ऐसी भूजम में िो इस से उृािद्ध अनुसूची में वर्णवत िज और जिसमें उक्त ृाइृलाइन

जिछाए िाने का प्रस्ट्ताव िज, उृ ोग के अजिकार का अिवन दक ा िाए ;

अतः अि, केन्द्री सरकार, ृेरोजल म और जनि ृाइृलाइन (भूजम में उृ ोग के अजिकार का अिवन)

अजिजन म, 1962 (1962 का 50) की िारा 3 की उृिारा (1) द्वारा प्रित्त िजक्त ों का प्र ोग करते हुए, उस भूजम में

उृ ोग के अजिकार का अिवन करने के अृने आि की घोषणा करती िज ;

कोई व्यजक्त, िो उक्त अनुसूची में वर्णवत भूजम में जितिद्ध िज, उस तारी से जिसको इस अजिसूचना से ुक्त भारत

के रािृत्र की प्रजत ााँ सािारण िनता को उृलब्ि करा िी िाती िज, इक्कीस दिन के भीतर भूजम के नीचे ृाइृलाइन

जिछाए िाने के जलए उस में उृ ोग के अजिकार के अिवन के सम्िन्ि में सक्षम प्राजिकारी, जवसा - रा ृुर ृाइृलाइन

ृरर ोिना, जिन्िुस्ट्तान ृेरोजल म कॉृोरेिन जलजमटेड, भारत सरकार का उृक्रम, वीआर-ए टी ृी क्षेत्र, नवल िेस ृोस्ट्ट,

जविा ाृत्तनम-530014. को जलज त प ृ में आक्षेृ भेि सकेगा।

अनुसूची

जिलाः ृाववतीृुरम मान् म राज् ः आन्र प्रिेि

क्रम सं्‍ ा

गााँव का नाम

मंडल का नाम

सवे सं्‍ ा

क्षेत्रफल

एकड

सेन््स

1

2

3

4

5

6

1

1. सुिद्रा-28

िलीिाृेटा

109

00

03

2

110

00

88

3

111

00

42

4

101

00

37

360

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

5

96

00

37

6

71

00

47

7

68

00

08

8

67

00

34

9

66

00

11

10

60

00

31

11

59

00

32

12

58

00

46

13

55

00

52

14

54

00

15

15

23

00

09

16

22

00

02

17

2. िीवरामृुरम-34

िलीिाृेटा

46

00

68

18

45

00

19

19

43

00

09

20

42

00

75

21

41

00

62

22

40

00

41

23

39

00

12

24

5

00

21

25

4

00

24

26

3. ृनकुवलसा-33

िलीिाृेटा

124

00

03

27

125

00

77

28

128

00

49

29

127

00

26

30

157

00

40

31

156

00

36

32

151

00

29

33

155

00

04

34

152

00

23

35

153

00

62

36

141

00

09

37

148

00

02

38

147

00

15

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

361

39

146

00

44

40

145

00

02

41

4. अरसाड-35

िलीिाृेटा

164

00

02

42

163

00

44

43

162

00

69

44

161

00

49

45

158

00

27

46

157

00

29

47

35

00

33

48

36

00

17

49

113

00

66

50

112

00

28

51

110

00

07

52

111

00

59

53

107

00

16

54

103

00

18

55

104

00

42

56

99

00

05

57

95

00

31

58

96

00

25

59

97

00

37

60

88

00

49

61

89

00

58

62

70

00

33

63

72

00

34

64

71

00

41

65

5. अज्जाडा-32

िलीिाृेटा

278

00

28

66

275

00

04

67

246

00

59

68

245

00

44

69

244

00

38

70

233

00

56

71

229

00

83

72

224

00

69

362

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

73

220

00

07

74

218

00

41

75

192

00

54

76

189

00

44

77

185

00

67

78

183

00

66

79

6. रावीृल्ले-109

गाप गुजिल्ली

243

00

02

80

7. ृेध्िुप -86

गाप गुजिल्ली

173

00

04

81

175

00

75

82

176

00

62

83

178

00

16

84

186

00

14

85

187

00

68

86

188

00

28

87

37

00

04

88

36

00

40

89

76

00

29

90

82

00

02

91

75

00

05

92

72

00

32

93

43

00

93

94

44

00

40

95

69

00

39

96

67

00

52

97

66

00

04

98

8. िीवरामृुरम ृेध्िुप िरर-107

गाप गुजिल्ली

200

00

31

99

201

00

39

100

202

00

30

101

227

00

27

102

228

00

32

103

226

00

03

104

225

00

03

105

219

00

02

106

9. िीवम-108

गाप गुजिल्ली

221

00

53

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

363

107

220

00

52

108

219

00

65

109

77

00

32

110

76

00

58

111

75

00

53

112

10. ृोलीना डूवलस-106

गाप गुजिल्ली

275

00

16

113

274

00

24

114

273

00

87

115

308

00

02

116

266

01

32

117

307

00

40

118

238

00

26

119

306

00

21

120

236

00

46

121

11. गोट्टीवलस-103

गाप गुजिल्ली

189

00

27

122

188

00

11

123

155

00

38

124

187

00

55

125

157

00

02

126

158

00

50

127

159

00

28

128

160

00

41

129

161

00

32

130

163

00

46

131

162

00

56

132

172

00

04

133

171

00

12

134

170

00

21

135

173

00

58

136

12. सांिन्नवलस-35

गाप गुजिल्ली

90

00

69

137

63

00

41

138

65

00

13

139

64

00

02

140

59

00

25

364

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

141

66

00

24

142

58

00

20

143

55

00

06

144

56

00

02

145

54

00

13

146

53

00

06

147

52

00

41

148

50

00

21

149

49

00

26

150

48

00

25

151

13. नागुप -113

गाप गुजिल्ली

128

00

25

152

116

00

34

153

120

00

24

154

117

00

38

155

112

00

51

156

110

00

11

157

107

00

40

158

105

00

69

159

106

00

18

160

94

00

21

161

14. संतोसृुरम-102

गाप गुजिल्ली

158

00

31

162

79

00

62

163

78

00

10

164

76

00

80

165

75

00

37

166

73

00

24

167

72

00

15

168

67

00

47

169

68

00

34

170

51

00

80

171

46

00

06

172

47

00

86

173

41

00

98

174

15. कुडूम-72

िीय् म्मवलस

479

00

15

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

365

175

16. गोरीृुरम-84

िीय् म्मवलस

49

00

29

176

44

00

50

177

43

00

86

178

42

00

17

179

20

00

44

180

19

00

30

181

18

00

29

182

17. गंगरािृुरम-86

गाप गुजिल्ली

7

00

32

183

18. तोटृल्ले-87

गाप गुजिल्ली

177

00

17

184

176

00

17

185

174

00

72

186

175

00

02

187

172

00

32

188

164

00

38

189

163

00

17

190

162

00

36

191

161

00

16

192

32

00

45

193

30

00

56

194

22

00

31

195

29

00

04

196

23

00

50

197

25

00

48

198

12

00

42

199

11

00

38

200

10

00

51

201

9

00

23

202

19. ससंगनाृुरम

िीय् म्मवलस

156

00

87

203

20. चींतल िेलगाम-68

िीय् म्मवलस

74

00

65

204

72

00

78

205

71

00

28

206

56

00

38

207

55

00

08

208

54

00

80

366

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

209

53

00

41

210

21. गीिि-77

गाप गुजिल्ली

86

00

05

211

22. मकान िरीृुरम

िीय् म्मवलस

120

00

35

212

121

00

69

213

89

00

51

214

88

00

38

215

80

00

15

216

79

00

56

217

23. िसंगी-76

िीय् म्मवलस

85

00

54

218

86

00

20

219

112

00

14

220

110

00

30

221

111

00

49

222

107

00

37

223

94

00

30

224

97

00

41

225

24. गौरमृेटा-34

िीय् म्मवलस

85

00

11

226

86

00

50

227

84

00

34

228

72

00

79

229

74

00

03

230

70

00

55

231

23

00

53

232

19

00

54

233

18

00

34

234

17

00

16

235

25. भट्टलभद्र-27

िीय् म्मवलस

75

00

51

236

111

00

25

237

76

00

50

238

77

00

26

239

110

00

08

240

78

00

34

241

79

00

06

242

82

00

42

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

367

243

89

00

17

244

88

00

63

245

87

00

79

246

92

00

24

247

93

00

25

248

94

00

39

249

7

00

04

250

95

00

02

251

6

00

67

252

5

00

02

253

26. कीटसाडा-14

कुप ृम

90

00

47

254

89

00

50

255

87

00

41

256

86

00

44

257

84

00

44

258

79

00

18

259

81

00

30

260

82

00

32

261

83

00

58

262

27. िलाइृेटा-25

कोमरड

143

00

10

263

142

00

33

264

141

00

41

265

140

00

35

266

115

00

15

267

114

00

32

268

113

00

24

269

112

00

41

270

49

00

06

271

110

00

13

272

50

00

15

273

108

00

41

274

107

01

11

275

73

00

18

276

74

00

60

368

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

277

76

00

38

278

78

00

49

279

79

00

17

280

80

00

30

281

81

00

25

282

82

00

27

283

83

00

45

284

85

00

17

285

86

00

13

286

88

00

76

287

87

00

04

288

28. मिलाडी-15

कोमरड

128

00

36

289

127

00

37

290

126

00

45

291

123

00

39

292

122

00

14

293

29. तुडम-105

कोमरड

124

00

32

294

122

00

48

295

120

00

52

296

119

00

14

297

117

00

35

298

116

00

31

299

114

00

05

300

113

00

39

301

111

00

38

302

98

00

04

303

95

00

32

304

94

00

28

305

92

00

54

306

89

00

13

307

90

00

38

308

87

00

53

309

30. रा ृुरम-15

कोमरड

81

00

46

310

63

00

35

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

369

311

65

00

82

312

60

00

04

313

59

00

21

314

58

00

03

315

36

00

14

316

35

00

21

317

34

00

38

318

33

00

53

319

32

00

08

320

27

00

92

321

28

00

03

322

15

00

58

323

14

00

41

324

31. को्टु-92

कोमरड

36

00

17

325

33

00

47

326

32

00

06

327

32. केमीसीला-77

कोमरड

124

00

42

328

122

00

73

329

118

00

46

330

117

00

18

331

119

00

06

332

116

00

56

333

111

00

20

334

112

00

66

335

113

00

02

336

104

00

07

337

102

00

27

338

103

00

15

339

33. लि॓सु-115

कोमरड

7

00

36

340

6

00

51

341

4

00

76

342

2

00

59

343

34. कोरीसील-5

कोमरड

92

00

49

344

96

00

17

370

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

345

93

00

04

346

95

00

96

347

74

00

54

348

75

00

11

349

72

00

03

350

76

00

55

351

71

00

40

352

69

00

80

353

63

00

74

354

62

00

03

355

64

00

23

356

46

00

47

357

45

00

17

358

44

00

38

359

21

00

59

360

39

00

34

361

22

00

12

362

38

00

83

363

37

00

02

364

28

00

21

365

1

01

86

[फा. सं. आर-11025(11)/12/2018-ओआर-I/ई-25587]

एस.एस.ससंि, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 135.—Whereas, it appears to the Central Government that it is necessary in the public interest that for the

transportation of Petroleum Product from Visakha (Andhra Pradesh) to Raipur (Chhattisgarh) Pipeline should be laid

by Hindustan Petroleum Corporation Limited.

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

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

Parvathipuram Manyam District in Andhra Pradesh State, which is described in the Schedule annexed to this

notification;

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

Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Central Government hereby declares its

intention to acquire the right of user therein;

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

which the copies of the Gazette of India containing this notification are made available to the general public, object in

writing to the acquisition of the right of user therein for laying of the pipeline under the land to The Competent

Authority, Visakha – Raipur Pipeline Project, Hindustan Petroleum Corporation Limited, Government of India

Enterprises, VR-ATP Area, Naval Base Post, Visakhapatnam-530014, Andhra Pradesh.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

371

SCHEDULE

District: Parvathipuram Manyam State: Andhra Pradesh

Sl. No.

Name of Village

Name of Mandal

Survey No.

Area

Acres

Cents

1

2

3

4

5

6

1

1. Subhadra-28

Balijipeta

109

00

03

2

110

00

88

3

111

00

42

4

101

00

37

5

96

00

37

6

71

00

47

7

68

00

08

8

67

00

34

9

66

00

11

10

60

00

31

11

59

00

32

12

58

00

46

13

55

00

52

14

54

00

15

15

23

00

09

16

22

00

02

17

2. Sivarampuram-34

Balijipeta

46

00

68

18

45

00

19

19

43

00

09

20

42

00

75

21

41

00

62

22

40

00

41

23

39

00

12

24

5

00

21

25

4

00

24

26

3. Panukuvalasa-33

Balijipeta

124

00

03

27

125

00

77

28

128

00

49

29

127

00

26

30

157

00

40

31

156

00

36

32

151

00

29

33

155

00

04

34

152

00

23

35

153

00

62

36

141

00

09

37

148

00

02

38

147

00

15

39

146

00

44

40

145

00

02

41

4. Arasada-35

Balijipeta

164

00

02

42

163

00

44

372

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

43

162

00

69

44

161

00

49

45

158

00

27

46

157

00

29

47

35

00

33

48

36

00

17

49

113

00

66

50

112

00

28

51

110

00

07

52

111

00

59

53

107

00

16

54

103

00

18

55

104

00

42

56

99

00

05

57

95

00

31

58

96

00

25

59

97

00

37

60

88

00

49

61

89

00

58

62

70

00

33

63

72

00

34

64

71

00

41

65

5. Ajjada-32

Balijipeta

278

00

28

66

275

00

04

67

246

00

59

68

245

00

44

69

244

00

38

70

233

00

56

71

229

00

83

72

224

00

69

73

220

00

07

74

218

00

41

75

192

00

54

76

189

00

44

77

185

00

67

78

183

00

66

79

6. Ravipalle-109

Garugubilli

243

00

02

80

7. Pedduru-86

Garugubilli

173

00

04

81

175

00

75

82

176

00

62

83

178

00

16

84

186

00

14

85

187

00

68

86

188

00

28

87

37

00

04

88

36

00

40

89

76

00

29

90

82

00

02

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

373

91

75

00

05

92

72

00

32

93

43

00

93

94

44

00

40

95

69

00

39

96

67

00

52

97

66

00

04

98

8. Sivarampuram Pedduru Dari-107

Garugubilli

200

00

31

99

201

00

39

100

202

00

30

101

227

00

27

102

228

00

32

103

226

00

03

104

225

00

03

105

219

00

02

106

9. Sivvam-108

Garugubilli

221

00

53

107

220

00

52

108

219

00

65

109

77

00

32

110

76

00

58

111

75

00

53

112

10. Polinaiduvalasa-106

Garugubilli

275

00

16

113

274

00

24

114

273

00

87

115

308

00

02

116

266

01

32

117

307

00

40

118

238

00

26

119

306

00

21

120

236

00

46

121

11. Gottivalasa-103

Garugubilli

189

00

27

122

188

00

11

123

155

00

38

124

187

00

55

125

157

00

02

126

158

00

50

127

159

00

28

128

160

00

41

129

161

00

32

130

163

00

46

131

162

00

56

132

172

00

04

133

171

00

12

134

170

00

21

135

173

00

58

136

12. Sambannavalasa-35

Garugubilli

90

00

69

137

63

00

41

374

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

138

65

00

13

139

64

00

02

140

59

00

25

141

66

00

24

142

58

00

20

143

55

00

06

144

56

00

02

145

54

00

13

146

53

00

06

147

52

00

41

148

50

00

21

149

49

00

26

150

48

00

25

151

13. Naguru-113

Garugubilli

128

00

25

152

116

00

34

153

120

00

24

154

117

00

38

155

112

00

51

156

110

00

11

157

107

00

40

158

105

00

69

159

106

00

18

160

94

00

21

161

14. Santhoshapuram-102

Garugubilli

158

00

31

162

79

00

62

163

78

00

10

164

76

00

80

165

75

00

37

166

73

00

24

167

72

00

15

168

67

00

47

169

68

00

34

170

51

00

80

171

46

00

06

172

47

00

86

173

41

00

98

174

15. Kuduma-72

Jiyyammavalasa

479

00

15

175

16. Gauripuram-84

Jiyyammavalasa

49

00

29

176

44

00

50

177

43

00

86

178

42

00

17

179

20

00

44

180

19

00

30

181

18

00

29

182

17. Gangarajupuram-86

Garugubilli

7

00

32

183

18. Thotapalle-87

Garugubilli

177

00

17

184

176

00

17

185

174

00

72

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

375

186

175

00

02

187

172

00

32

188

164

00

38

189

163

00

17

190

162

00

36

191

161

00

16

192

32

00

45

193

30

00

56

194

22

00

31

195

29

00

04

196

23

00

50

197

25

00

48

198

12

00

42

199

11

00

38

200

10

00

51

201

9

00

23

202

19. Singanapuram

Jiyyammavalasa

156

00

87

203

20. Chintala Belagam-68

Jiyyammavalasa

74

00

65

204

72

00

78

205

71

00

28

206

56

00

38

207

55

00

08

208

54

00

80

209

53

00

41

210

21. Gijaba-77

Garugubilli

86

00

05

211

22. Makhana Haripuram

Jiyyammavalasa

120

00

35

212

121

00

69

213

89

00

51

214

88

00

38

215

80

00

15

216

79

00

56

217

23. Basangi-76

Jiyyammavalasa

85

00

54

218

86

00

20

219

112

00

14

220

110

00

30

221

111

00

49

222

107

00

37

223

94

00

30

224

97

00

41

225

24. Gourammapeta-34

Jiyyammavalasa

85

00

11

226

86

00

50

227

84

00

34

228

72

00

79

229

74

00

03

230

70

00

55

231

23

00

53

232

19

00

54

376

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

233

18

00

34

234

17

00

16

235

25. Bhatlabhadra-27

Jiyyammavalasa

75

00

51

236

111

00

25

237

76

00

50

238

77

00

26

239

110

00

08

240

78

00

34

241

79

00

06

242

82

00

42

243

89

00

17

244

88

00

63

245

87

00

79

246

92

00

24

247

93

00

25

248

94

00

39

249

7

00

04

250

95

00

02

251

6

00

67

252

5

00

02

253

26. Kitsada-14

Kurupam

90

00

47

254

89

00

50

255

87

00

41

256

86

00

44

257

84

00

44

258

79

00

18

259

81

00

30

260

82

00

32

261

83

00

58

262

27. Dalayipeta-25

Komarada

143

00

10

263

142

00

33

264

141

00

41

265

140

00

35

266

115

00

15

267

114

00

32

268

113

00

24

269

112

00

41

270

49

00

06

271

110

00

13

272

50

00

15

273

108

00

41

274

107

01

11

275

73

00

18

276

74

00

60

277

76

00

38

278

78

00

49

279

79

00

17

280

80

00

30

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

377

281

81

00

25

282

82

00

27

283

83

00

45

284

85

00

17

285

86

00

13

286

88

00

76

287

87

00

04

288

28. Madalangi-15

Komarada

128

00

36

289

127

00

37

290

126

00

45

291

123

00

39

292

122

00

14

293

29. Thodumu-105

Komarada

124

00

32

294

122

00

48

295

120

00

52

296

119

00

14

297

117

00

35

298

116

00

31

299

114

00

05

300

113

00

39

301

111

00

38

302

98

00

04

303

95

00

32

304

94

00

28

305

92

00

54

306

89

00

13

307

90

00

38

308

87

00

53

309

30. Rayapuram-15

Komarada

81

00

46

310

63

00

35

311

65

00

82

312

60

00

04

313

59

00

21

314

58

00

03

315

36

00

14

316

35

00

21

317

34

00

38

318

33

00

53

319

32

00

08

320

27

00

92

321

28

00

03

322

15

00

58

323

14

00

41

324

31. Kottu-92

Komarada

36

00

17

325

33

00

47

326

32

00

06

327

32. Kemisila-77

Komarada

124

00

42

378

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

328

122

00

73

329

118

00

46

330

117

00

18

331

119

00

06

332

116

00

56

333

111

00

20

334

112

00

66

335

113

00

02

336

104

00

07

337

102

00

27

338

103

00

15

339

33. Labesu-115

Komarada

7

00

36

340

6

00

51

341

4

00

76

342

2

00

59

343

34. Korisila-5

Komarada

92

00

49

344

96

00

17

345

93

00

04

346

95

00

96

347

74

00

54

348

75

00

11

349

72

00

03

350

76

00

55

351

71

00

40

352

69

00

80

353

63

00

74

354

62

00

03

355

64

00

23

356

46

00

47

357

45

00

17

358

44

00

38

359

21

00

59

360

39

00

34

361

22

00

12

362

38

00

83

363

37

00

02

364

28

00

21

365

1

01

86

[F. No. R-11025(11)/12/2018-OR-I/E-25587]

S. S. SINGH, Under Secy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

379

श्रम और रोिगार मंत्राल

नई दिल्ली, 20 दिसम् िर, 2024

का.आ. 136.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार फेरो

स्ट्क्रजृ जनगम जलजमटेड, िुगावृुर,के प्रिंितंत्र के संिद्ध जन ोिकों , और फेरो स्ट्क्रजृ जनगम जलजमटेड कमवचारी संघ, िुगावृुर, के

िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल -आसनसोल ृंचाट(संिभव सं्‍ ा 31 of

2023) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा

19.12.2024 को प्राप्त हुआ ा l

[सं. एल - 42025-07-2024-225-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 20th December, 2024

S.O. 136.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. 31 of 2023) of the Central Government Industrial Tribunal

cum Labour Court– Asansol as shown in the Annexure, in the Industrial dispute between the employers in relation

to Ferro Scrap Nigam Limited, Durgapur, and Shri Pravat Mondal, Worker, which was received along with soft

copy of the award by the Central Government on 19.12.2024.

[No. L-42025-07-2024-225-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,

ASANSOL.

PRESENT:

Shri Ananda Kumar Mukherjee,

Presiding Officer,

C.G.I.T-cum-L.C., Asansol.

REFERENCE CASE NO. 31 OF 2023

PARTIES: Ferro Scrap Nigam Limited Employees’ Union (CITU), Durgapur Unit.

Vs.

Management of Ferro Scrap Nigam Limited, Durgapur Unit.

REPRESENTATIVES:

For the Union/Employees:

Mr. Susanta Kumar Ganguly, Advocate.

Mr. Asit Kumar Kolay, Advocate.

For the Management of FSNL:

Mr. Anupam Ghosh, Advocate.

INDUSTRY:

Steel.

STATE:

West Bengal.

DATED:

18.11.2024.

AWARD

In exercise of powers conferred under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the

Industrial Disputes Act, 1947 (14 of 1947), the Ministry of Labour, Government of India through the Office of the

Deputy Chief Labour Commissioner (Central), Asansol, vide its Order No. 1(17)/2023/E dated 01.06.2023 has been

pleased to refer the scheduled dispute between the employer, that is the Management of Ferro Scrap Nigam Limited,

Durgapur Unit and their non-executive employees represented by the said union for adjudication by this Tribunal.

380

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of Ferro Scrap Nigam Limited, Durgapur Unit in not settling the

demand of the revision of wages of the non executive employees of Ferro Scrap Nigam Limited, Durgapur

Unit w.e.f. 01.01.2017, which is pending since long, is justified or not? If not, what relief the non-executive

employees are entitled to? ”

1. On receiving Order No. 1(17)/2023/E dated 01.06.2023 from the Office of the Deputy Chief Labour

Commissioner (Central), Asansol, Ministry of Labour, Government of India, for adjudication of the dispute,

Reference case No. 31 of 2023 was registered on 07.06.2023 and an order was passed for issuing notice to the parties

through registered post, directing them to appear and submit their written statements along with relevant documents in

support of their claim and a list of witnesses.

2. Ferro Scrap Nigam Limited Employees Union, Durgapur filed their written statement on 13.03.2024 and the

management of Ferro Scrap Nigam Limited (hereinafter referred to as FSNL), Durgapur, represented by Mr. Saurabh

Radhesham Tharewal, the Constituted Attorney filed their written statement on 17.05.2024. Brief fact of the case of

the union as disclosed in their written statement is that the wage structure of employees of FSNL, Durgapur Unit is

fixed and implemented according to the wage structure applicable to the employees of Steel Authority of India

Limited (hereinafter referred to as SAIL) as per order no. ASP-6(6)/86 dated 24.07.1986 of the Government of India,

Ministry of Steel and Mines (Department of Steel), where the government has directed that the wage structure in

FSNL would be according to the wage structure of SAIL. The Assistant General Manager I/C of FSNL in his letter

dated 11.06.2019 informed the Assistant Labour Commissioner (Central), Raniganj at Durgapur that “Ferro Scrap

Nigam Limited was a subsidiary company of SAIL and as per the practice, the employees of FSNL are getting revised

wage structure of SAIL on the guidelines issued by the Government of India, Department of Public enterprises vide

his memorandum No. 2(7)/2006 DPE(WC) GL-IVX dated 09.11.2006”. It is the case of the union that the usual

practice of FSNL is that they revise the pay structure of its employees according to the revision of the pay structure of

SAIL. It is inter-alia pleaded that during the period from 01.01.2007 to 31.12.2011 SAIL allowed twenty-one percent

(21%) of the Minimum Guaranteed Benefit to their non-executive employees. The non-executive employees of FSNL

are therefore entitled to the same benefit but the management of FSNL paid only twelve percent (12%) of the

Minimum Guaranteed Benefit to its non-executive employees as per the tripartite agreement on 11.02.2011 for the

period from 01.01.2007 to 31.12.2011 and the management of FSNL agreed to pay the balance nine percent (9%) of

the Minimum Guaranteed Benefit to the non-executive employees w.e.f. 01.01.2007 but they started to pay the same

w.e.f. 01.10.2014. Therefore, nine percent (9%) of the Minimum Guaranteed Benefit is due to the non-executive

employees of FSNL for the period from 01.01.2007 to 30.09.2014. Furthermore, the management of FSNL paid only

eleven percent (11%) of the Minimum Guaranteed Benefit for the period from 01.01.2012 till date whereas SAIL has

allowed seventeen percent (17%) of the Minimum Guaranteed Benefit to its employees which is six percent (6%)

more than what the employees of FSNL has been received. It is contended that this act of FSNL, Durgapur Unit is in

violation of Government Order No. ASP-6(6)/86 dated 24.07.1986. It is asserted that during the period from

01.01.2012 to 30.11.2016 SAIL paid six percent (6%) of Special Allowance at their revised Basic Pay to their non-

executive employees but the management of FSNL started to pay the Special Allowance at the rate of five percent

(5%) w.e.f. 01.12.2016 instead of paying six percent (6%) from 01.01.2012. Therefore, the non-executive employees

are entitled to get six percent (6%) of Special Allowance for the period from 01.01.2012 to 30.11.2016 and one

percent (1%) of the said allowance from 01.12.2016 till date. The petitioner union of FSNL has claimed

implementation of revised wage structure for the non-executive employees of FSNL according to the wage structure

of SAIL w.e.f. 01.01.2017 in terms of the Government Order No. ASP-6(6)/86 dated 24.07.1986. The union has

further contended that the employees of SAIL are already getting the benefit of pension for their non-executive

employees who are on roll from 01.01.2012 but the management of FSNL has not implemented any such pension

scheme to its non-executive employees which is in violation of Government Order. The union therefore has prayed

for issuing direction to the management of FSNL to make payment of the aforesaid dues in respect of the non-

executive employees and for implementation of wage structure according to the pay structure of the non-executive

employees of SAIL along with compound interest and compensation of an equal amount towards mental distress and

monetary loss caused by the management.

3. The management contested the case by filing written statement through the constituted attorney, wherein it is

stated that the union has no locus standi because they are not a recognized union The management of FSNL after

discussion with the recognized unions in a Joint Forum Committee meeting held on 13.04.2022 arrived at a decision

for wage revision of its employees from 01.01.2017 in line with the guidelines of the Department of Public

Enterprises. Proposal for revision of wage of workmen and Ministerial Staff of FSNL was adopted on the basis of

agreement and the Board of Directors of FSNL, in their 193rd Boad Meeting held on 20.05.2022 approved the

proposal for revision of wage. Subsequently the proposal for revision of wage was approved by the Ministry of Steel

vide its letter dated 15.06.2023 and an Office Order bearing Reference. No. FC/3362/2023 dated 19.10.2023 was

issued by the management. It is asserted that by virtue of the Office Order wage structure of workmen and Ministerial

Staff of FSNL have been revised w.e.f. 01.01.2017, which is produced as Annexure-A. It is stated that the arrears

accruing due to wage revision has been paid to the workmen and Ministerial Staff and the Industrial Dispute raised by

the union is liable to be dismissed.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

381

4. The short point for consideration before this Tribunal is whether the management of FSNL has implemented

wage revision to its non-executive employees of Durgapur Unit w.e.f. 01.01.2017. If not what relief the employees

are entitled to.

5. In order to substantiate their claim union has examined Mr. Haradhan Sain, General Secretary, Ferro Scrap

Nigam Limited Employees Union, Durgapur as Workman Witness – 1. The witness in his affidavit-in-chief has

reiterated the case disclosed in the written statement and further stated that the management of FSNL did not

implement the pension scheme for non-executive employees who are on rolls from 01.01.2012. though the employees

of SAIL are getting the pension benefit and this tantamount to violation of the Government order of 1986. Witness

further claimed that the non-executive employees are entitled to admissible wages along with compound interest

thereon till the payment is made. The witness has produced some documents which have been admitted in evidence as

exhibits as follows :

(i)

Copy of the Government Order dated 24.07.1986 has been produced as Exhibit W-1.

(ii)

Copy of the letter dated 11.06.2019 issued by the Assistant General Manager I/C to Assistant

Labour Commissioner (Central), Durgapur, as Exhibit W-2.

(iii)

Copy of the Memorandum of Agreement dated 29.04.2010, as Exhibit W-3.

(iv)

Copy of the Memorandum of Settlement dated 11.02.2011, as Exhibit W-4.

(v)

Copy of the Memorandum of Agreement dated 30.12.2014, as Exhibit W-5.

(vi)

Copy of the Minutes of discussions held in the Joint Forum Committee meeting on 29.12.2014 and

30.12.2014, as Exhibit W-6.

(vii)

Copy of the Memorandum of Agreement dated 01.07.2014, as Exhibit W-7.

(viii)

Copy of the Memorandum of Agreement dated 20.09.2017, as Exhibit W-8.

(ix)

Copy of the Memorandum of Understanding dated 21.10.2021, as Exhibit W-9.

(x)

Copy of the letter dated 12.08.2019 issued by Mr. Haradhan Sain addressed to the Managing

Director, FSNL, Bhilai, as Exhibit W-10.

(xi)

Copy of Certificate of Registration of Trade Union, as Exhibit W-11.

(xii)

Copy of the Acknowledgement Receipt for annual return of trade unions dated 15.03.2024, as

Exhibit W-12.

6. In his cross-examination the workman witness deposed that their Trade Union is registered under the Trade

Unions Act, 1926 and admitted that no letter of recognition has been issued in their favour. The witness further

deposed that there are thirty-two non-executive employees in FSNL, Durgapur as on June, 2024 and apart from

having Durgapur Unit, FSNL has other units at Burnpur, Bhilai, Vizag, Bokaro and few other places. In reply to a

suggestion on behalf of the management that revision of pay for non-executive employees in the Durgapur Unit of

FSNL has been made from 01.01.2017, the witness deposed that he is unaware about such revision of pay. It may be

derived from his cross-examination that as General Secretary of the union he participated in the settlement between

the management and workmen held on 11.02.2011. It also transpires from his testimony that he is aware about pay of

arrear of wages to the non-executive employees w.e.f. 01.01.2017 upon revision of wages. The management of FSNL

posed a question to the workman witness that a Joint Forum Committee was formed at FSNL, Durgapur and revision

of wages was made on the basis of an agreement between the members of union and employees at the Joint Forum

Committee meeting. The witness expressed his unawareness about such development.

7. Management of Ferro Scrap Nigam Limited, Durgapur Unit defending their claim examined Mr. Saurabh

Radhesham Tharewal, the Constituted Attorney, as Management Witness – 1. It is categorically stated in the affidavit-

in-chief that the Reference case is not maintainable because the union is not recognized and they have no authority to

raise the issue. It is further stated that FSNL has already made wage revision of its employees from 01.01.2017 to

31.12.2026, based on the agreement reached between the representatives of recognized unions and the management

of FSNL, which has been approved by the Competent Authority and arrears payment has already been made to the

concerned workmen. In support of such claim management has produced a Memorandum of Understanding arrived

between the management of FSNL and its recognized union at Durgapur dated 13.04.2022, the same has been

admitted in evidence as Exhibit M-1 and a corresponding Office Order bearing No. AFC/3362/2023 dated 19.10.2023

issued by the management of FSNL, implementing revised pay is produced as Exhibit M-3. A copy of letter of

recognition of the representative union dated 13.05.2015 issued to the President, Ferro Scrap Nigam Limited

Permanent Employees’ Union (INTTUC), Durgapur, by the AGM (P&A) has been produced as Exhibit M-2.

8. In course of cross-examination of MW-1 on being confronted with Exhibit W-1, a Government Order dated

24.07.1986, the witness deposed that he is aware about the Order of the Government of India, Ministry of Steel and

382

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Mines (Department of Steel), whereby the Government in principle has approved the revised wage structure of

staff/officers in Metal Scrap Trade Corporation / Ferro Scrap Nigam Limited followed in Steel Authority of India

Limited. The witness deposed that he is not aware if any such government order was passed by the Ministry of Steel

and Mines, Government of India after July, 1986 revoking or altering the order dated 24.07.1986. The witness further

deposed that FSNL is following the same order dated 24.07.1986 and after issuance of letter dated 11.06.2019

(Exhibit W-2) there has been revision of pay at FSNL w.e.f. 21.11.2017 as per terms of agreement between the

management of FSNL and the recognized unions. Witness admitted that a charter of demand dated 12.08.2019 was

received from the union and on the basis of Office Order dated 19.10.2023 (Exhibit M-3) issued by the General

Manager (P&A)/Law for revision of wages w.e.f. 01.01.2017 for all employees of FSNL in India at Bhilai,

Burnpur, Durgapur, Nagarnar, Rourkela and Vishakahpatnam units, the Joint Forum Committee at Durgapur had

taken a decision but representatives of Ferro Scrap Nigam Limited Employees’ Union, Durgapur were not intimated

to attend the meeting, since they are not the representative union. It is further stated that other union representatives of

other units were requested to participate in the meeting and the management of FSNL has following the government’s

direction regarding pay revision of its staff and officers. As per Memorandum of Agreement management has revised

the pay of the employees of FSNL, Durgapur from April 2010, which was given effect on 01.01.2007.

9. Mr. Asit Kumar Kolay, learned advocate, appearing on behalf of the aggrieved union argued that FSNL,

Durgapur is a public sector undertaking under the Ministry of Steel and Mines (Department of Steel). Referring to

Exhibit W-1, a copy of order dated 24.07.1986 issued by the Deputy Secretary to the Government of India, submitted

that the workmen of Metal Scrap Trade Corporation and FSNL are entitled to revision of wages at par with employees

of SAIL. It is submitted that the management witness admitted that the decision of the government, communicated in

letter No. ASP-6(6)/86 dated 24.07.1986 is applicable to the employees of FSNL but the non-executive employees of

FSNL have not been granted the benefit of wage revision at par with employees of SAIL. Referring, to the

Memorandum of Agreement reached at National Joint Committee for the Steel Industry dated 29.04.2010 (Exhibit W-

3), it is submitted that as per Clause 3.1.4 “the employees covered by the Agreement and on the rolls as on 31.12.2006

would be entitled to a guaranteed benefit @ 21% Basic plus DA (78.2 %)” but the employees of FSNL were not

admitted to the guaranteed benefit and were paid only twelve percent (12%) to their non-executive employees as per

tripartite agreement as on 11.02.2011 (Exhibit W-4). Learned advocate for the union submitted that on 12.08.2019

the General Secretary of the union had issued a letter to the Managing Director of FSNL (Exhibit W-10) wherein

it had placed the Charter of Demands of the employees for the period from 01.01.2017 to 31.12.2021 and urged the

management to invite the representatives of CITU to which their union is affiliated, to take part in the meeting for

wage revision of employees of FSNL, Durgapur. Learned advocate contended that though Ferro Scrap Nigam Limited

Employees’ Union, Durgapur is a registered Trade Union and produced its Registration Certificate as Exhibit W-11,

the management has illegally debarred the union from participating in the meeting for the wage revision. It is urged

that the management of FSNL should make necessary pay revision for its non-executive employees from 01.01.2017

at par with employees of SAIL.

10. In reply, Mr. Anupam Ghosh, learned advocate for the management submitted that his argument mainly rests on

two points. Firstly, whether the demand raised in the Industrial Dispute has been satisfied w.e.f. 01.01.2017and the

second limb of the argument would be on the issue whether the present union which raised the Industrial Dispute was

a recognized union at the relevant time, having bargaining capacity to participate in the tripartite agreement. Learned

advocate submitted that the management of FSNL has already revised the pay of non-executive employees w.e.f.

01.01.2017 and has also made arrear payments in respect of all the employees of Durgapur Unit. Referring to Exhibit

M-1, a Memorandum of Understanding arrived at between the management of FSNL and its recognized unions on

13.04.2022 at Durgapur, in the matter of revision of wage structure of workmen, it is submitted that the recognized

union and the management of FSNL had signed a Memorandum of Agreement in Joint Forum Committee meeting

held on 19.12.2016 for revision of wage structure to FSNL w.e.f. 01.01.2012. The agreement was approved by the

Board of Directors in the 165th meeting on 18.01.2017 (Exhibit M-1). The Ministry of Steel also approved the same

and the wage agreement arrived on 19.12.2016 was implemented. Learned advocate referring to Exhibit M-3, an

Office Order of FSNL dated 19.10.2023 submitted that the wage structure was revised and implemented w.e.f.

01.01.2017. Learned advocate refuted the contention of the union that no wage revision had taken place for the non-

executive employees of FSNL.

11. The second leg of argument of the management is that the Memorandum of Understanding for revision of wages

agreed between the management of FSNL and its recognized unions in Joint Forum Committee meeting held on

13.04.2022 at Durgapur was subsequently approved by the Board of Directors of FSNL and the Competent Authority

of the Ministry of Steel, the Government of India. Mr. Prabhat Chatterjee, President, Durgapur Ferro Scrap Nigam

Limited Permanent Employees’ Union, Durgapur and Mr. D. R. Patra, of the same union from Durgapur participated

in that Joint Forum Committee meeting as recognized union along with other union representatives from Rourkella,

Burnpur, Vizag units of the company. It is contended that Ferro Scrap Nigam Limited Employees’ Union (CITU),

Durgapur Unit was not a recognized union under Section 28-B of the Trade Unions Act, 1926 and certificate of

recognition was not issued to them. Thus, the said Trade Union did not have any bargaining capacity in respect of the

wage revision of employees of FSNL. The Industrial Dispute therefore has no merit and the same is liable to be

dismissed.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

383

12. Having considered the pleadings, evidence adduced by both sides and the argument advanced by the contending

parties, it appears to me that the bone of the contention is embedded in the issue of revision of wage of non-executive

employees of FSNL, Durgapur Unit. Initially, Ferro Scrap Nigam Limited Employees’ Union (CITU), Durgapur Unit

which has raised this Industrial Dispute harped upon a case that no wage revision of non-executive employees has

taken place from 01.01.2017. It has relied upon a copy of letter issued from the Ministry of Steel and Mines

(Department of Steel) on 24.07.1986, wherein the Ministry conveyed the approval of the government to follow the

revision of wage structure of staff and officers in Metal Scrap Trade Corporation and FSNL at par with employees of

SAIL. It is the case of the union that at the time of revision of wage the employees of FSNL did not get the benefit of

revision of wage at par with SAIL. In support of such contention reliance has been placed upon Exhibit W-3, a

Memorandum of Agreement dated 29.04.2010 executed at the National Joint Committee for the Steel Industry, which

assured the employees of SAIL to a guaranteed benefit @ 21% Basic plus Dearness Allowance (78.2 %). On the other

hand, it is argued that in the Memorandum of Settlement arrived at between the management of FSNL and Ferro

Scrap Nigam Limited Employees Union, Durgapur held on 11.02.2011 (Exhibit W-4). The employees of FSNL were

entitled to a guaranteed benefit @ 12% Basic plus Dearness Allowance (78.2 %) which is less by 9%. It is clear from

Exhibit M-1, which is a Memorandum of Understanding arrived at between the management of FSNL and recognized

unions dated 13.04.2022 that there has been revision of wages of the employees of various units of FSNL, including

its Durgapur Unit. It was agreed between the stakeholders that the agreement for revision of wages would cover all

categories of workmen and non-executive employees of FSNL who were on the rolls of the company on 31.12.2016

and employed thereafter. The employees would be entitled to guaranteed benefit @ 12% Basic plus Dearness

Allowance as on 01.01.2017 and the revised wage structure on 01.01.2017 for different category of employee as per

Annexure-I. It was also laid down that payment of wage arrears would be effective from 01.01.2017 after signing the

tripartite agreement in the respective units.

13. An agreement was reached on 13.04.2022 (Exhibit M-1) in presence representative of workmen union of various

units including its Durgapur unit. In consonance with the agreement reached in Joint Forum Committee meeting

between the management and the recognized unions an Office Order dated 19.10.2023 (Exhibit M-3) was issued

wherein it is stated that the Board of Directors of FSNL as well as Ministry of Steel, Government of India, New Delhi

has accorded approval to the revised wage structure of workmen and ministerial staff of FSNL w.e.f. 01.01.2017. Mr.

Haradhan Sain (WW-1) in his cross-examination has admitted that the non-executive employees have received arrears

of wages w.e.f. 01.01.2017 upon revision of wages. The witness thereby contradicting his earlier statement that he

was not aware of pay revision of non-executive employees of FSNL, Durgapur made effective from 01.01.2017. The

contention of the union that no wage revision was made for the non-executive employees of FSNL, Durgapur from

01.01.2017 therefore, is a conscious misrepresentation and contrary to truth. The union which raised the Industrial

Dispute has failed to satisfy the requirement under Section 28-B of the Trade Unions Act, 1926. The union has

produced their copy of the Registration Certificate as Exhibit W-11. Only after grant of certificate of recognition

under Section 28-B of the Trade Unions Act, 1926 in the prescribed manner, a trade union gets a bargaining right in

respect of the industrial establishment in a class of industry or in the local area as the case may be. In the instant case

the union has failed to produce any certificate of recognized trade union. It is crystal clear from Exhibit M-1 that Mr.

Prabhat Chatterjee and Mr. D. R. Patra, Durgapur Ferro Scrap Nigam Limited Permanent Employees’ Union,

Durgapur were the representatives of the Durgapur Unit and participated in the Joint Forum Committee meeting held

on 13.04.2022 at Durgapur, along with other recognized union from other units of the company. The decision reached

in the agreement cannot be challenged by other unions which were not recognized trade unions at the relevant time.

Furthermore, the subject matter of the Memorandum of Understanding dated 13.04.2022 and the corresponding

Office Order dated 19.10.2023 (Exhibit M-3) have not been challenged in this case nor has the aggrieved union

impleaded the recognized unions which had participated in the meeting to arrive at an agreement. I therefore hold that

the Industrial Dispute raised by the aggrieved union agitating over the issue of non-revision of wage of the non-

executive employees of FSNL, Durgapur w.e.f. 01.01.2017 is not sustainable under the established facts and

provision of law involved. The Industrial Dispute is accordingly dismissed on contest.

Hence,

ORDERED

the Industrial Dispute is dismissed on contest. There is no merit in the claim of Ferro Scrap Nigam Limited

Employees’ Union (CITU), Durgapur Unit. Let an award be drawn up in light of my above findings. Let copies of the

Award in duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for

information and Notification.

ANANDA KUMAR MUKHERJEE, Presiding Officer

नई दिल्ली, 24 िनवरी, 2025

का.आ. 137.—vkS?kksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

मेससव एफआईएस ृेमेंट, सॉल् ूिन एंड सर्ववसेि प्राइवेट जलजमटेड; मेससव श्रेष्ठ जडटेजटटव एंड जसट ोररटीि प्राइवेट जलजमटेड

384

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

ds izca/kr=] lac) fu;kstdks vkSj muds ूजन न ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa dsUnzh; ljdkj vkS?kksfxd

vf/kdj.k@Je U;k;ky;] कोलकाता ds iapkV (23/2019) izdkf”kr djrh gSA

[सं. ,y-12011/43/2019-vkbZ vkj (ch- II)]

सलोनी, उृ जनिेिक

New Delhi, the 24th January, 2025

S.O. 137.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 23/2019) of the Central Government Industrial Tribunal-cum-

Labour Court Kolkata as shown in the Annexure, in the industrial dispute between the management of Bank of

India; M/s. FIS Payment, Solution & Services Pvt. Ltd.; M/s. Shresth Detective & Securities Pvt. Ltd. and

Their Union.

[No. L-12012/43/2019-IR(B-II)]

SALONI, Dy. Director

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT KOLKATA

Present : Justice K. D. Bhutia, Presiding Officer.

REF. NO. 23 OF 2019

Parties : Employers in relation to the management of

1. Bank of India,

2. M/s. FIS Payment, Solution & Services Pvt. Ltd.

3. M/s. Shresth Detective & Securities Pvt. Ltd.

VS

Their Union

Appearance:

On behalf of Bank of India: Smt. Banirupa Dutta Chowdhury, Authorised Representative.

On behalf of M/s. FIS Payment, Solution & Services Pvt. Ltd. : Absent.

On behalf of M/s. Shresth Detective & Securities Pvt. Ltd. : Absent.

On behalf of the Union: Mr.Sudipta Saha Roy, Authorised Representative.

Dated: 20th November, 2024

ORDER

By order No. L-12011/43/2019 –IR(B-II) dated 08-11-2019, the Central Government, Ministry of Labour in

exercise of power conferred sub-section 1(d) and sub-section 2(A) of section 10 of Industrial Dispute Act, 1947 has

referred the following disputes to this Tribunal for adjudication:-

“Whether the action on the part of the principal employer i.e. Bank of India in changing the model of hiring

of services of the contractor which affected deployment of contract labour is legal and/or justified. Whether the action

on the part of the contractor i.e. M/s. FIS Payment, Solution & Services India Pvt. Ltd., in retrenching services of the

workmen Abdul Aziz Malita and 21 others (as per list enclosed) working as caretakers through its sub-contractor M/s.

Shresth Detective & Securities Pvt. Ltd. w.e.f. 01-08-2019, without complying section 25(F) of the I.D. Act is legal

and/or justified? If not, to what relief the workmen are entitled to?”

The facts giving rise to the present dispute in gist is that Bank of India, for the safety and security in running

ATMs in different locations in the State of West Bengal, had engaged contractors for providing men

powers/Caretakers through tenders. The same set of Caretakers continued to work in the ATMs of the bank with the

changes of different contractors on expiry of their tenure or terms of agreement.

That M/s. FIS Payment Solutions & Services India Pvt. Ltd., the main contractor of the bank had engaged

three sub-contractors namely M/s. Shresth Detective and Security Pvt. Ltd., M/s. An Hour Solution Pvt. Ltd. and

M/s. Visual Securas Ltd. for providing Caretakers in different ATMs of the Bank. Those sub-contractors engaged the

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

385

concerned workmen as Caretakers, who were already working with the previous contractor for more than ten years,

but all on a sudden those three sub-contractors served notice of termination upon those 22 workmen on 01-08-2019,

without complying the statutory provisions of I.D. Act and in violation of section 21(24) of Contract Labour

(Regulation & Abolition) Act, 1940.

It has been alleged by the union, which has espoused the dispute that those principal contractor and sub-

contractors were compelled to issue notice of termination as bank has decided to abolish the post of Caretakers at

ATMs. Therefore, the union has alleged that termination of the service of those 22 Caretakers by the contractors at the

instance of the bank is illegal and void ab initio and has prayed payment of terminal benefits, statutory payment and

compensation u/s 25-F of the I.D. Act, for having served the bank for more than 240 days in a calendar year.

The bank has contested the case of the union by filing written state where it has categorically the reference is

not maintainable against it as there exists no employer-employee relationship between it and those 22 workmen

recruited by or engaged by the contractors whose tender for supply of men power was accepted by it. It has further

alleged that those 22 workmen were engaged by M/s. Shresth Detective and Security Pvt. Ltd. and they were under

the pay roll of M/s. Shreshth Security Pvt. Ltd. and who was a sub-contractor of M/s. FIS Payment Solutions &

Service India Pvt. Ltd.

It has also alleged the bank had entered into service agreement with M/s. FIS Payment Solution & Service

India Pvt. Ltd. for providing daily rental modular ATMs with rent different from phase to phase. The daily rent was to

cover different set of services including deployment of caretaker/ site attendant. That as per the agreement M/s. FIS

Payment Solution & Service India Pvt. Ltd. was to provide service on operational expenditure model and for which

bank was to pay fixed service fee for uses of those ATMs along with various services provided including service of

caretakers/site attendance.

In a bid to rationalise ATM operation Board of the Bank approved e-surveillance of ATMs and as such the

contract which it had with M/s. FIS Payment Solution & Service India Pvt. Ltd. for providing caretaker service at

ATMs got terminated. Consequently, M/s. FIS Payment Solution & Service India Pvt. Ltd. too terminated its service

agreement with its sub-contractors for providing men power or caretakers w.e.f. 01-04-2019. Those workmen not

being engaged by it directly were not its employee and as such there exists no industrial dispute between it and

contractors’ employees. Thereby, it has prayed for dismissal of reference against it.

The union reiterated what it has stated in its claim statement, in its rejoinder. The record shows the contractor

employer M/s. Shreshth Detective Pvt. Ltd. has been proceeded exparte as it has failed to put appearance and contest

the dispute. That in order of reference there is no mention of other two contractors namely An Hour Solutions Pvt.

Ltd. and Visual Securas Ltd. The union too has failed to implead them as parties to this proceeding.

The union in order to its case and claim has examined Sri Raja Ali Seikh, one of the workmen as W.W.1 and

Sri Ranjit Das Adhikary, another workman as W.W.2. The union has produced and exhibited following documents

through W.W.2 :-

1. Copy of 22 letters of termination issued by An Hour Solution Pvt. Ltd., M/s. Visual Securas Ltd. and

M/s. Shresth Detective & Securities Pvt. Ltd. and which have been marked as Exb.W-1 to Exb. W-1/V.

2. Photocopy of union’s letter dt.21-05-2019 addressed to DLC (C ) and which has been marked as Exb.W-

2 and

3. Copy of conciliation failure report of DLC, Kolkata dt. 25-09-2019 and which has been marked as

Exb.W-3.

On the other hand the Bank has examined its Chief Manager Mr. Manoj Kumar Pandey as M.W. 1 and who

has proved following documents :-

1. Copy of agreement for outsourcing of installation and managed services for 1500 cash dispenser

machines dt. 22-05-2014 executed between Bank of India and M/s. FIS Payment Solution & Services

India Pvt. Ltd. and which has been marked as Exb.M-1.

2. Copy of Master Services Agreement with effective date from 01-04-2019 executed between M/s. FIS

Payment Solution & Service India Pvt. Ltd. and M/s. Shresth Detective & Securities Pvt. Ltd. for

providing caretaker and house-keeping services and which has been marked as Exb.M-2.

3. Two Copies of same Master Services Agreement with effective date from 01-04-2019 executed between

M/s. FIS Payment Solution & Service India Pvt. Ltd. and An Hour Solutions Pvt. Ltd. for providing

caretaker and house-keeping services and which has been marked as Exb.M-3 and Exb.M-8.

4. Copy of mutual termination agreement executed between M/s. FIS Payment Solution & Service India

Pvt. Ltd. and M/s. Shresth Detective & Securities Pvt. Ltd. on 01-04-2019 and which has been marked

as Exb.M-4.

386

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

5. Copy of mutual termination agreement executed between M/s. FIS Payment Solution & Service India

Pvt. Ltd. and Visual Securas Ltd. on 01-04-2019 and which has been marked as Exb.M-5.

6. Copy of mutual termination agreement executed between M/s. FIS Payment Solution & Service India

Pvt. Ltd. and An Hour Solutions Pvt. Ltd. on 01-04-2019 and which has been marked as Exb.M-6 and

7. Copy of Master Services Agreement with effective date from 01-04-2019 executed between M/s. FIS

Payment Solution & Service India Pvt. Ltd. and Visual Securas Ltd. for providing caretaker and house-

keeping services and which has been marked as Exb.M-7.

Both union and bank have filed written notes of argument. The bank has placed reliance on Steel Authority

of India & Ors. –vs- National Union Waterfront Workers & Ors., reported (2001) 7 SCC 1.

From the documents filed by the bank it appears that Bank of India had outsourced the installation and

managed services for 1500 cash dispensers throughout India on an opex basis daily rental model for a period upto 31st

December, 2020 with FIS payments Solutions & Services India Ltd. on 22nd May, 2014.

That M/s. FIS Payment Solution & Service India Pvt. Ltd. had engaged sub-contractors namely M/s. Shresth

Detective & Securities Pvt. Ltd., An Hour Solutions Pvt. Ltd. and Visual Securas Ltd. for supply of Caretaker and

Housekeeping services by executing Master Services Agreement on 2nd day of February 2018 and on 1st April, 2019

till the date of termination on occurrence of certain events as provided in the agreement.

Thus, from the documents exhibited by the bank, it appears that bank had sourced out the installation and

maintenance of Cash Dispensers Machines at its different ATM Kiosks to M/s. FIS Payment Solution & Service India

Pvt. Ltd. and who in turn sourced out the job of caretakers and attendants to three different sub-contractors named

above. Therefore, it can be safely assumed that Caretakers and Attendants deployed by three sub-contractors of M/s.

FIS Payment Solution & Service India Pvt. Ltd. were never engaged directly by the bank. Consequently, there exists

no direct relationship of employer- employee between bank and those persons engaged as Caretakers and Attendants

by three sub-contractors to work for M/s. FIS Payment Solution & Service India Pvt. Ltd. at ATM Kiosks of Bank of

India, installed and maintained by it.

Exhibit W-1 to W-1/V prima facie shows that the service of those caretakers and attendants supplied by three

sub-contractors of M/s. FIS Payment Solution & Service India Pvt. Ltd. to work in the ATM Kiosks maintained by

M/s. FIS Payment Solution & Service India Pvt. Ltd. were terminated as bank had terminated the agreement which it

had for installation and maintenance of ATM Machines with M/s. FIS Payment Solution & Service India Pvt. Ltd.

sometime in the month of May and June, 2019 i.e. within two or three months of execution of Master Service

Agreements on 1st day of April,2019 by M/s. FIS Payment Solution & Service India Pvt. with its three sub-

contractors.

Further, Exb. M-4, M-5 and M-6 shows that M/s. FIS Payment Solution & Service India Pvt. Ltd. executed

mutual termination agreement on 1st day of April, 2019 the day it executed Master Service Agreement with those

three sub-contractors. However, from Exb.M-4, M-5 and M-6 it is seen that those three sub-contractors had entered

into an agreement with M/s. FIS Payment Solution & Service India Pvt. Ltd. for providing caretaker services on 02-

02-2018 and such agreement was terminated on 1st April, 2019, the day another fresh Master Service Agreements

were executed.

However, this tribunal is of view the contractor employees or their union have no right to decide on the

internal management policy of the bank and they cannot raise their voice for withdrawal of caretaker and attendant

service from ATMs of the bank or they cannot say that internal management policy of the bank is illegal just because

the changed policy has affected continuity of their service at ATM Kiosks. No Court of Law can dictate a bank how

to frame its management rules and policy or interfere with its management policy or administrative policy. The bank

is at liberty to frame its internal management rule and policy within the framework of Constitution of India and so

long the same is not illegal or irrational. Nothing has come on record to prove the change in policy by bank in running

the ATM without caretaker/ attendant to be ultra-virus and illegal

Nevertheless, the union which has raised the dispute has failed to produce a single scrap of paper to show

that 22 workmen named in Exb.W-1 to W-1/V were all along engaged by M/s. FIS Payment Solution & Service India

Pvt. Ltd. through its sub-contractors from 2014 and those 22 workmen continuously worked for M/s. FIS Payment

Solution & Service India Pvt. Ltd. at Bank of India’s ATM Kiosks for more than 240 days in a calendar year or to

prove violation of section 25-F of I.D. Act by both the sub-contractors and M/s. FIS Payment Solution & Service

India Pvt. Ltd., the principal contractor of the bank.

Nothing has come on record to show that those 22 workmen were engaged on permanent basis by their

respective immediate employer i.e. sub -contractors of M/s. FIS Payment Solution & Service India Pvt. Ltd. In fact,

nothing has come on record to show on what terms and conditions those 22 workmen were engaged as caretakers and

attendants by those three sub-contractors i.e. whether on contractual basis or on permanent basis. If they had been

appointed on contractual basis or on tenure basis, then their service will automatically come to an end on the expiry of

the contract or on the expiry of the tenure for which they have been engaged. Had they been engaged by those

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

387

sub-contractors on permanent basis then question of retrenchment will arise but no evidence whatsoever have come

on record to prove the nature of their appointment/ engagement.

In view of the above, this Tribunal is of view the union which has raised the present dispute has failed to

substantiate its claim and case by adducing cogent documentary evidence, such as appointment letter, pay slip, EPF &

ESI slips or any such document from where the nature of appointment can be proved or engagement of those 22

workmen for more than 240 days in a calendar year to saddle the principal contractor and its sub-contractors with the

statutory liabilities under the Labour Laws or the termination of service of those 22 workmen to be illegal. In fact it

has come on record their service got terminated on termination of contract by the principal employer with its service

provider contractor i.e. M/s. FIS Payment Solution & Service India Pvt. Ltd.

Accordingly, the Reference No. 23 of 2019 is dismissed and an award to that effect is passed.

Justice K. D. BHUTIA, Presiding Officer

नई दिल्ली, 27 िनवरी, 2025

का.आ. 138.—vkS?kksfxd fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

ds izca/kr=] lac) fu;kstdks vkSj

ds chp vuqca/k esa

fufnZ’V vkS?kksfxd fookn esa dsUnzh; ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] ि ृुर ds iapkV (26/2012) izdkf”kr

djrh gSA

[सं. ,y-12011/54/2011-vkbZ vkj (ch- II)]

सलोनी, उृ जनिेिक

New Delhi, the 27th January, 2025

S.O. 138.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 26/2012) of the Central Government Industrial Tribunal-cum-

Labour Court Jaipur as shown in the Annexure, in the industrial dispute between the management of Punjab

National Bank and Punjab National Bank Workers Organization.

[No. L-12011/54/2011-IR(B-II)]

SALONI, Dy. Director

vuqyXud

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

ihBklhu vf/kdkjh

jk/kk eksgu prqosZnh

lh-th-vkbZ-Vh- izdj.k la- 26@2012

Reference No. L-12011/54/2011-IR (B-II) Dated: 19.01.2012

egkl

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388

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

mifLFkr%&

izkFkhZ dh rjQ ls % dksbZ mifLFkr ughaA

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dh /kkjk 10 ¼1½ ¼Mh½ o 2A ds vUrxZr iznRr 'kfDr;ks ds vuqlj.k esa fuEukafdr vkS|ksfxd fookn

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

“Whether the action of the management of Panjab National Bank, Jaipur in not giving fix pay of

Rs. 295/- to Shri Hari Kishan Sharma and Laxman Singh w.e.f. 11.06.2007 is legal and justified?

What relief the workmen concerned are entitled to?”

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igqpus rd ns; gSA tks bu Jfedksa dks ugha nh xbZA vr% okn Lohdkj dj nksuksa Jfedksa dks fnukad

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-ih-ih- tksM+ dj inksUur in dk osru ykHk fn;k x;k gSA

fdarq izkFkhZ us bl rF; dks tkucw> dj Nqik;k gSA Jfed y{e.k flag izkFkhZ laxBu dk lnL; ugha

osru@ ,Q-ih-ih- fu;ekuqlkj ns; ugha gSA ;fn ,Q-ih-ih- dks 'kkfey ugha fd;k tkrk rks budk

fQVesaV 10]000@&:- ls de ij gksrkA vr% okn fujLr fd;k tkosA

4- fnukad 15-01-2020 ls izkFkhZ dks lk{; izLrqr fd;s tkus dk volj fn;k x;kA fnukad 23-05-2022 dks

vafre volj fn;k x;kA rnqijkar izkFkhZ }kjk of.kZr ifjfLFkfr;ksa ds vk/kkj ij izkFkhZ dks volj fn;s

x;s vkSj vafre volj vfHko`} fd;s x;sA fnukad 30-05-2024 dks 500@&:- ifjO;o vkjksfir djrs

gq;s volj iqu% fn;k x;kA fdarq dksbZ ifj.kke n`f"Vxr ugha gqvkA fnukad 11-09-2024 dks izkFkhZ

vdkj.k vuqifLFkr jgkA blfy;s lk{; izkFkhZ dk volj lekIr dj fn;k x;kA foi{kh dh vdkj.k

vuqifLFkfr dks ns[krs gq;s foi{kh dh lk{; Hkh lekIr dj nh xbZA

5- bl fookn esa izkFkhZ us vius vfHkopuksa ds leFkZu esa dksbZ lk{; izLrqr ugha dh gSA tcfd foi{kh us

izkFkhZ ds vfHkopuksa dk [k.Mu djrs gq;s okn fujLr djus dk fuosnu fd;k gSA

6- izkFkhZ ds lk{; ds vHkko esa izkFkhZ ;g izekf.kr ugha dj ldk gS fd izkFkhZ laxBu ds Jfed Jh

- fQDl is fnukad 11-06-2007 ls u fn;s tkus dk foi{kh

dk d`R; voS/k o vuqfpr gksA blfy;s lk{; ds vHkko esa izkFkhZ] foi{kh ls dksbZ vuqrks"k izkIr djus

dk vf/kdkjh ugha gSA

7- lanfHkZr fookn dk U;k;fu.kZ;u blh izdkj fd;k tkrk gSA

8-

izsf"kr dh tkosA

jk/kkeksgu prqosZnh] ihBklhu vf/kdkjh

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

389

नई दिल्ली, 27 िनवरी, 2025

का.आ. 139.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार

सजचव, कॉ र िोडव, कोचीन, केरल; क्षेत्री कॉ र जवकास अजिकारी, आरसीटी और डीसी, रािमुंिरी, ई िी, के प्रिंितंत्र

के संिद्ध जन ोिकों और श्री सज ि मौलाना,कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-

श्रम न् ा ाल - िजिरािाि ृंचाट (संिभव सं्‍ ा LC 9/2008) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज

िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-42025-07-2025-32-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 139.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 9/2008) of the Central Government Industrial Tribunal

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

relation to The Secretary, Coir Board, Cochin, Kerala; The Regional Coir Development Officer, RCT & DC,

Rajahmundry, E G, and Shri Syed Moulana, Worker, which was received along with soft copy of the award by

the Central Government on 27.01.2025.

[No. L-42025-07-2025-32-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri Irfan Qamar

Presiding Officer

Dated the 10th day of January, 2025

INDUSTRIAL DISPUTE LC No. 9/2008

Between:

Sri Syed Moulana,

S/o Sillar, Ex-Safaiwala,

D No 1-3-87, Beside Masjid,

Pichen, Line,

Samalkot, East Godavari District

….Petitioner

AND

1.

The Secretary,

Coir Board, Cochin

Kerala State.

2.

Regional Coir Development Officer

RCT & DC, Rajahmundry, E G District

….Respondents

Appearances:

For the Petitioner :

A K Jayaprakash Rao & M Govind, Advocates

For the Respondent:

M/s. Ravinder Viswanath, Advocates

390

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

AWARD

Sri Syed Moulana, who worked as Safaiwala (who will be referred to as the workman) has filed this petition

under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents Coir Board seeking for declaring the

proceeding dated 28.1.2003 issued by Respondent as illegal, arbitrary and to set aside the same consequently

directing the Respondents to reinstate the Petitioner into service duly granting all the consequential benefits such as

continuity of service, back wages and all other attendant benefits etc., and such other reliefs as this court may deems

fit.

2. The averments made in the petition in brief are as follows:

It is submitted that Petitioner worked as Ex-Safaiwala and he got terminated by Respondent on 28.1.2003. Further, it

is submitted that the Petitioner was drawing wages of Rs.1300/- per month. It is submitted that the Petitioner served

demand letters on dt.12.1.2004 and subsequently reminders on dt.24.5.2004, 21.7.2005 and the latest being on

dt.22.6.2006 to the employer by Registered Post with acknowledgement due to reconsider the decision of termination

of his service and to take him back with service benefits. The Respondent neither send any reply nor reconsider his

case. It is submitted that Petitioner did not approach any other authority or Forum for getting the dispute settled. It is

submitted that the workman has registered his name with Employment Exchange in the year 1992 and belongs to

Schedule Caste. The 2nd Respondent called for interview vide letter dt.2.8.1994 and according to which Petitioner

attended interview on 12.8.1994 and thereby he was appointed vide order dt.28.9.1994, as Safaiwala and he reported

duty in October, 1994. The workman was appointed on consolidated pay of Rs.750/- per month. The workman

submits that clear vacancies were existing in the office of 2nd Respondent, however, after completion of 89 days, the

management shown break of about 1 or 2 days and used to issue fresh appointment letters which action has been

evident from the Memo dt.27.4.1995 and on dt.16.7.1995. The workman submits that he had worked for more than

240 days continuously, but the management shown artificial breaks in service, obviously to evade regularization of

the service of the workman. After the latest engagement of 89 days of spell in the year 1995, without there being any

intimation or notice, the service of the workman was terminated. However, during the tenure of his employment, the

workman approached the High Court and filed a W.P.No.23063/1995 along with one Mr.K.Yeseph in which interim

direction was granted to continue the workmen in service and as such the workmen were continued in service.

However, at later stage in the year 2002, the Writ Petition was dismissed, as the issue relating to fact finding of the

contention raised, therefore, the High Court observed that the contentions have to be agitated under the provisions of

Industrial Disputes Act, 1947. Subsequently, in the year 1996, the consolidated pay was enhanced to Rs.1300/- per

month, vide order No.66 dt.5.8.1996. It is submitted that during the interregnum while the workman was in

continuous service in pursuance of the interim order of the High Court, the 1st Respondent issued an Office Order

No.32, dt.17.5.2000 under which the workman was given temporary status of a Group D Employee as he rendered

more than 240 days in a year. According to the above referred circular, the workman (i) is entitled for wages at daily

rates with reference to the minimum of the pay scale for a corresponding regular Group D Official including DA,

HRA and CCA. (ii) is entitled to increments at the same rate as applicable to a Group D Employee (ii) is also eligible

for leave on a pro-ratabasis (iv) is also entitled that his half of the service rendered under temporary status would be

counted for the purpose of retirement benefits after regularization (v) is entitled to be treated on par with temporary

Group D Employees for the purpose of contribution to GPF after 3 years continuous service after conferment of

temporary status and till then the workman would be considered for Product Linked Bonus/Adhoc Bonus. The name

of the workman is shown at Serial No.6 of the said proceeding. Contrary to the above referred circular dt.17.5.2000,

the management terminated the service of the Petitioner w.e.f.28.1.2003. The management alleged that it had sent the

termination notice to the workman and in fact made up a story of return of the same notice due to non delivery, and as

such published in a News Paper. It is submitted that the Division Bench of the Hon'ble High Court while dealing

with number of Writ Appeals filed by the Coir Board against its employees, decided the issue on dt.9.6.2006 that the

Coir Board is an industry within the meaning of provisions of I.D. Act, 1947. The present case on hand also has

similarity as to violation of provisions of Section 25F of the Industrial Disputes Act and also in violation of the

Circular dt.17.5.2000 issued by the management. Hence, the present ID proceedings are initiated against management

for appropriate relief in favour of the Petitioners and against the management. Even as seen from the Paper

Publication, the Proceedings are dt.18.3.2003 and the date of effect of termination is 28.1.2003. In view of the

settled principles of law, the termination cannot be effected with retrospective date, hence, the order of termination is

liable to be set aside. The workman has approached the management for reinstatement him into service on

22.12.2007 but Management did not respond positively, hence, this petition. Therefore, prayed to set aside the order

dt.18.3.2003 terminating the workman w.e.f. 28.1.2003 as illegal, arbitrary and consequently direct the Respondent to

reinstate the Petitioner with all consequential benefits.

3. The Respondents filed counter denying the averments made in the petition, with the averments in brief

which runs as follows:

It is submitted that the Coir Board had established four regional Coir training and development centres, one each in

Thanjavur (Tamilnadu), Arsikere ( Karnataka), Rajahmundry, (A.P), and Bhubaneswar (Orissa). The staff for these

centres were to be appointed on deputation basis from the state governments concerned after an initial period of

operation of five years. From the above, it is clear that no staff were able to be appointed by the Coir Board on

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

391

regular basis, in these centres. It is submitted that in the case of the Petitioner, Shri. Syed Moulana, he was engaged as

a contingent Safaiwala in the hostel attached to the RCT&DC( Regional Coir Training and Development Centre) at

Rajahmundry for a period of 89 days w.e.f 17.10.1994. It is submitted that he was given a consolidated pay of

Rs.700/ per month. After the initial 89 days, after a break, he was again engaged as contingent Safaiwala for another

89 days period with the same consolidated remuneration. Further, it is submitted that since the services of Petitioner

was not required for the hostel attached to the RCT&DC (Regional Coir Training and Development Centre),

Rajahmundry, his engagement was discontinued. At that time, Petitioner moved the Hon’ble High Court,

Hyderabad filing a Writ Petition No. 23063/ 1995. As per the interim directions of the Hon’ble High Court in

W.P.23063 / 1995, the Petitioner was re-engaged from 20.10.1995. Subsequently, the consolidated remuneration

being paid to him was enhanced to Rs. 1,100/- p.m w.e.f 1.8.1996. It is submitted that the Petitioner was absenting

from duty during the period 6.8.1998 to 31.1.2001. It is submitted that Petitioner was given temporary status of a

group D employee vide Office Orders No.32 dated 17.5.2000. In the meantime, correspondence was going on with

the Central Government on the matter of transfer of RCT&DCs to the state governments concerned. Since the State

Government were not coming forward to take over these Centres with the men and machinery available in the

Centres, ultimately the Central Government issued a direction to the Coir Board to close down the Centres and

discontinue the activities through them vide letter No.7(22)/95-Coir dated 4th July, 2000. Thus, the activities in the

RCT&DCs, Rajahmurndry were stopped w.e.f 31.3.2001. The Petitioner was still continuing in the service by the

virtue of the direction of the Hon'ble High Court in W.P.23063 / 1995. But the Hon'ble High Court vide judgment

dated 22.11.2002 dismissed the above writ petition filed by the Petitioner. It is submitted that in the light of the

judgment passed by the Hon'ble High Court, the engagement of relevant the Petitioner was terminated w.e.f.

28.1.2003 and termination order was sent by registered post to the contingent staff but it was returned undelivered.

Therefore, the notice was published e in the local newspaper on 21.1.2003. With respect to the allegation that the

termination Order cannot be effected with retrospective date, it may kindly be noted that the termination notice was

first sent to him in his postal address by registered post promptly. But, since the same was returned after some days,

undelivered, the same was issued in the local newspaper as per procedure. This was the fact against which the public

notice was issued on 28-01-2003 for termination of the engagement of the Petitioner. Therefore, prayed to dismiss

the petition with costs.

4. On the basis of the pleadings of both parties and arguments advanced, the following points emerge for

determination:-

I. Whether the action of the Respondent management in terminating the services of the Petitioner workman vide

order dated 28.1.2003 is legal and justified?

II. To what relief the Petitioner is entitled for?

Findings:-

5. Point No.I: Petitioner claims that he joined the services of Respondent on 28.9.1994 as safaiwala. The Workman

was appointed on consolidated pay of Rs.750/- per month and from the date of joining till termination he worked

continuously with unblemished record of service. Further, Petitioner submits that he had worked for more than 240

days of continuous service in every completed year. Further, it is submitted that Respondent in the month of October,

1995 gave artificial break. Thereafter, Workman approached Hon’ble High Court and filed WP No.23063 of 1995

along with another employee and the Hon’ble High Court passed the order in WPMP number 28326 of 1995, Ex. W6

directing the Respondent to continue the Petitioner in the service pending disposal of writ petition. Further, it is

submitted that from 1995, Respondent continued the services of the Petitioner without giving any break in the service.

Further, it is submitted that first Respondent issued an office order No. 32 dated 17th May, 2000, Ex.W8 under which

they have given temporary status of a Group D employee to the employees who completed 240 days of service, as the

Petitioner has completed 240 days of continuous service in every completed year, the Respondent gave the temporary

status of Group D employee to the Petitioner also along with other employees and the name of the Petitioner appears

in the office Order No.32 dated 17.5.2000 at Sl No. 6. Further, it is submitted that the Petitioner was granted

temporary status by Respondent No.1 in the said office order but the Respondent has terminated the services of the

Petitioner with effect from 28.1.2003 and the said action of the Respondent is illegal and contrary to the law. Further

Petitioner has submitted that Respondent has terminated his services in violation of provision of Section 25 F of

ID Act. To fortify the claim, Petitioner has examined himself as WW1 and filed chief affidavit of wherein has

reiterated the averments made in petition. WW1 Witness has also exhibited 11 documents in support of the claim i.e.,

Ex. W1 to W 11.

6. Perusal of the docket reveals that despite sufficient opportunity accorded to him, Respondent did not adduce any

evidence nor cross examined witness WW1. Therefore, case was set exparte against the Respondent. As the

Respondent did not cross examine Witness WW1, the deposition of the witness remained uncontraverted. The

Petitioner has filed documents in support of his the claim which we proceed to discuss one by one. Ex. W1 is the

memorandum dated 28.9.94 issued by the Management Coir Board for appointment of Petitioner Sri Syed Moulana at

the hostel attached to RCT &DC, Rajahmundry on contingent basis on a consolidated pay of Rs.700/- per month.

Further Ex.W2 is another memorandum dated 27.1.1995 issued by Regl.Coir Dev. Officer of the Respondent, which

392

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

reveals that again the Petitioner Md. Moulana was offered the post of Safaiwala for 89 days at the hostel attached to

Regl.Coir Training and Development Centre, Rajahmundry on contingent basis on a consolidated pay of Rs.700/- per

month. Further, Ex.W3 is another memorandum issued by COIR Board to the Petitioner for the post of Safaiwala, at

the hostel attached to Regional Coir Training and Development Centre, Rajahmundry on contingent basis dated

16.7.1995 for a period of 89 days. Ex.W4 is an affidavit which has been filed in writ petition No.23063 of 1995 by

Petitioner. Further Ex.W5 is the counter copy of affidavit filed by Respondent. Further Ex.W6 is copy of order of

High Court of AP wherein High Court has ordered that notice issued to the Respondents into show cause why this

application of the Petitioner Sri Md. Moulana should not be complied with and it is further ordered that the

Respondents herein and hereby are directed to continue the Petitioner in Service pending further orders on this

petition. Thus, Hon’ble High Court vide order dated 13.10.1995 has directed the Respondent to continue the

Petitioner in services till further orders. Ex.W7 is the copy of another memorandum dated 20.10.1995, issued by Coir

Board, Regl. Coir Dev. Officer-I, Rajahmundry the contents of the aforesaid is extracted below:-

“ In pursuance of the orders cited, Sri. Md. Mowlana, Safaiwala at hostel attached to Regl. Coir Trg. & Dev. Centre,

Rajahmundry is continuing his service in same post until further orders.”

Thus, in view of the order dated 13.10.1995 of Hon’ble High Court of AP in the WPMP No. 28326/1995

Respondent was directed to continue the services of the Petitioner in the same post until further orders. Further, Ex.

W8 is the office order No.32 dated 17.5.2000, of Respondent whereby the Petitioner was conferred the temporary

status of Group D in the service of the Respondent. Ex.W9 is the Newspaper publication of notice of Termination of

Petitioner dated 18.3.2003 wherein it is mentioned that services of the Petitioner Sri Syed Moulana and Sri K. Yeseph

of Rajahmundry are no longer required as the activity of the Centre has been discontinued. Therefore, the services of

the Petitioner are not required in pursuance of the order dated 22.11.2002 of the Hon’ble High Court of AP in WP

No.23063 of 1995. Further, it is mentioned in the said notice that the termination order was sent by RPAD which

was undelivered, hence the same was published in the newspaper. Therefore, with the dismissal of the writ petition,

the services of the Petitioner was terminated by the Respondent management with effect from 28.1.2003 for the

reason assigned that the activities of the centre has been discontinued.

7. Admittedly, the activities of the centre of the Respondent has been discontinued vide letter dated

Issued by Government of India whereas the Respondent centre has been closed due to discontinued of its activities,

the provision of Sec.25FFF would apply to the case of Petitioner.

In this context, I would like to make the reference of Section 25 FFF which reads as follows:-

25FFF. Compensation to workmen in case of closing down of undertakings.

(1)Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous

service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions

of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25-F, as if the

workman had been retrenched:Provided that where the undertaking is closed down on account of unavoidable

circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (b) of

section 25-F, shall not exceed his average pay for three months.

Further, in this context, Hon'ble Supreme Court in the matter of Management of Hindustan Steel Ltd Vs. The

Workmen & Ors. 1973 Air page 878 have held,

“According to sub-s.(2) of s. 25FFF it is quite clear that in case of closure of the categories of undertakings as

mentioned therein, no workman employed in those undertakings can claim compensation under cl. (b) of S. 25F. The

language of s. 25FFF(2) is plain and unambiguous. Indeed, the learned counsel for the Respondent also did not

dispute that if it were to be held in this case that the undertaking had been closed down then cl. (b) of S. 25F would

not be attracted and Shri Naidu would not be entitled to claim relief under that clause. According to Shri Madan

Mohan, however, the present was not a case of closure of the undertaking. His submission was that only the work of

the Housing Project at Ranchi had been completed. It was argued that unless the entire undertaking of the appellant

was closed down not acceptable. The word undertaking as used in S. 25FFF seems to us to have been used in its

ordinary sense connoting thereby any work, enterprise, project or business undertaking. It is not intended to cover the

entire industry or business of the employer 'as was suggested on behalf of the Respondent. Even closure or stoppage

of a part of the business or activities of the employer would seem in law to be covered by this sub-section. The

question has indeed to, be decided on the facts of each case",,,. In the present case the Ranchi (1) [1957] S.C.R. 121.

Housing Project was clearly a distinct venture undertaken by the appellant and it had a distinct beginning and an

end. Separate office was apparently set up for this venture and on the completion of the project or enterprise that

undertaking was closed down. The Tribunal has actually so found. Its conclusion has not been shown to be wrong and

we have no hesitation in agreeing with its view. There is no cogent ground for reopening the Tribunars conclusion

under Art. 136 of the Constitution. It is also noteworthy that Shri Naidu had been recruited to the work-charged

establishment of the Ranchi Housing Project. In Workmen of the Indian Leafs Tobacco Development Co. Ltd. v.

Management(1) closure of eight out of 21 depots of the company though not amounting to, closure of its entire

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

393

business was considered, to amount to a closure within the contemplation of s. 25FFF. In Parry & Co. Ltd. v. P. C.

Lal(2) it was observed that it was within the managerial discretion of an employer to organise and arrange his

business in the manner he considered best and that if a bona fide scheme for such re-organisation results in

surplusage of employees, no employer is expected to carry on the burden of such economic deadweight and

retrenchment has to be accepted as inevitable, however unfortunate. The reasoning and ratio of these decisions

support the appellant's argument.”

8. From the perusal of evidence on record it is established that the activities of the Respondent management has

been closed and consequently, the services of the Petitioner was no more required in the Respondent office and

Petitioner was terminated with effect from 28.1.2003. In this context, Respondent has also filed a document that

goes to reveal that Regional Coir Development Officer, Rajahmundry Government of India, has written a letter to the

Chairman, Coir Board, Ernakulam, regarding subject of transfer of Regional Coir Training and Development Centre

to the State Government and contents of para 2 of the said letter is extracted as under:-

“The issue of continued retention of these Centres by the Coir Board has been carefully examined in this Ministry in

consultation with the Integrated Finance Wing and it has been decided that Coir Board may in accordance with the

prescribed administrative procedure forthwith dispense with the services of the staff engaged on contractual/casual

basis at these centres, as there is no Government sanction for the engagement of this staff. A compliance report in

this regard may please be sent to this Ministry by 24th July, 2000.”

Thus, the service of staff engaged on contractual /casual basis at the centre of Respondent has been dispensed with

as there was no Government sanction for engagement of the staff.

9. Therefore, in view of the above the circumstances was beyond the control of the Respondent, and it was decided

to close activities of the centre. Consequently services of the staff engaged on contractual /casual basis at the centre

as there was no government sanction for the staff engaged on contractual /casual basis at the Centre. Thus, for the

want of sanction of contract to engage the staff, the services of the Petitioner was terminated and that circumstances

was beyond the control of the Respondent management due to closure of its activity. Considering the evidence on

record produced by Petitioner which is uncontraverted, it is established that the undertaking of the Respondent was

closed down due to want of sanction from the Government of India to engage the staff and it is also established.

Petitioner workman has been in continuous service for not less than one year in the Respondent centre immediately

before such closure. Therefore, the Petitioner is entitled for compensation to be paid under clause (b) of Sec.25F

which shall not exceed his average pay for three months under the I.D. Act, 1947. As regard compliance of the

provision of the notice and compensation to the Petitioner according to the provision contained under section 25 F(b)

of the ID Act is concerned, the averment of the Petitioner in this respect remained uncontraverted that the

Petitioner’s services has been terminated in contravention of the provision of Section 25 F of the I.D. Act, 1947.

Therefore, Petitioner is entitled to compensation in accordance with the provision contained under Section 25F of the

Act.

10. In view of the fore gone discussion and law laid down by the Hon’ble Apex Court, the services of the Petitioner

has been terminated under section 25FFF of the I.D. Act. Therefore, he is entitled for compensation as provided under

Section 25F of the Act.

This point is answered accordingly.

11.

Point No.II:- Since the termination of the Petitioner was due to the closure of the activities of the

Respondent management for the want of sanction, in view of the provision of Section 25 FFF read with Section

25F(b), Petitioner is entitled for compensation as per Section 25 F(b).

This Point is answered accordingly.

AWARD

In view of the fore gone discussion and finding arrived at Points No. I & II, I hold that Petitioner’s

services has been terminated by the Respondent under provision of Sec.25FFF due to closure of activities of its

centre and he is entitled for compensation as per provision contained u/s.25F(b) of I.D. Act, 1947.v Hence, the

Petitioner is entitled to his average pay of three months. Respondent is directed to pay compensation to the Petitioner

as per provision contained u/s25F(b) of I.D. Act, 1947 within two months from the date of receipt of the order.

Petition partly allowed accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 10th day of January, 2025.

IRFAN QAMAR, Presiding Officer

394

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri Syed Moulana

NIL

Documents marked for the Petitioner

Ex.W1:

Photostat copy of memorandum dt.28.9.94 issued by Respondent appointing Petitioner

Ex.W2:

Photostat copy of memorandum dt. 27.1.95 issued by Respondent appointing Petitioner

Ex.W3:

Photostat copy of memorandum dt. 16.7.95 issued by Respondent appointing Petitioner

Ex.W4:

Photostat copy of affidavit filed in WP 23063/95 dt.12.10.95

Ex.W5:

Photostat copy of counter affidavit filed in WP 23063/95

Ex.W6:

Photostat copy of interim direction in WPMP 28326/1995 in WP 23063/95

Ex.W7:

Photostat copy of order of Respondent dt.20.10.95 to continue the Petitioner in service

Ex.W8:

Photostat copy of circular dt.17.5.2000 conferring temporary status to Petitioner

Ex.W9:

Photostat copy of paper publication dt.18.3.2003, terminating the services of Petitioner

Ex.W10: Photostat copy of common order in batch of writ appeals dt.9.6.2006

Ex.W11: Photostat copy of office order no.51 dt.18.12.2015 regularising the services of similarly placed workers at

R.O., Bhubaneswar by the Board

Documents marked for the Respondent

NIL

नई दिल्ली, 27 िनवरी, 2025

का.आ. 140.—औद्योजगक जववाि अजिजन मए 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार अिीक्षण अजभ ंता (जसजवल), मेससव िीएसएनएल, डािागाडवन्स, जविा ाृत्तनम, के प्रिंितंत्र के संिद्ध जन ोिकों

और श्रीमती िी. ृद्मा, कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल -

िजिरािाि ृंचाट (संिभव सं्‍ ा LC 5/2010) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री

सरकार को सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-40012/02/2010-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 140.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 5/2010) of the Central Government Industrial Tribunal

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

relation to The Superintending Engineer (Civil), M/s. BSNL, Dabagardens, Visakhapatnam, and

Smt. B. Padma, Worker, which was received along with soft copy of the award by the Central Government on

27.01.2025.

[No. L-40012/02/2010-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: Sri IRFAN QAMAR

Presiding Officer

Dated the 9th day of January, 2025

INDUSTRIAL DISPUTE No. 5/2010

Between:

Smt. B. Padma,

S/o L. Vijaya Kumari,

D.No.5-6-(9), Lakshmi Devi Peta,

Anakapalli,

Visakhapatnam(A.P.)

….. Petitioner

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

395

AND

The Superintending Engineer(Civil),

M/s. BSNL,

Civil Circle, D.No.29-6-3, 2nd floor,

Lalitha Colony, Dabagardens,

Visakhapatnam -530 020.

…. Respondent

Appearances:

For the Petitioner :

M/s. B. J. Krishna Mohan & N.V.S.S. Papa Rao, Advocates

For the Respondent:

Sri K. Mohan, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L- 40012/ 2/2010-IR(DU) dated 15.4.2010

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

the management of M/s. BSNL and their workman. The reference is,

SCHEDULE

“Whether the action of the management of Superintending Engineer, BSNL, Visakhapatnam in terminating

the services of Smt. B. Padma w.e.f 1.9.2009 is legal and justified? If not, what relief the workman is

entitled to?”

The reference is numbered in this Tribunal as I.D. No. 5/2010 and notices were issued to the parties concerned.

2. The averments made is the claim statement are as follows:

The workman submits that under an application she was selected and appointed as Group "D" Part Time Sweeper

cum water woman with the employer w.e.f. 19th June 1984 and she rendered continuously the service so, she was

categorized as Beldar cum peon w.e.f. June, 1994 and that while she was working so with the department of

Telecommunications (DOT), Anakapalli and that from June 1994 in the office of the Executive Engineer M/s. B.S.NI

Civil Division, Visakhapatnam being sponsored from the regional employment exchange and got selected and

working on wages of Rs. 1, 500/- per month and the nature of duties were stitching of files, posting of letters at Post

Office, carrying and handing over letters etc.,to different units, taking Xerox copies, paper filing and estimated

stitching. supplying water and tea and other works entrusted by the officers of the employer and the hours of duty per

day were of 08 to 10 hours. It is submitted that the work that she was doing was perennial in nature and that while

she was working uninterruptedly for more than 240 days in a year in all those years continuously. It is further

submitted that no smart practices were on her part she was terminated from service unceremoniously w.e.f.

01.10.2003 under violation of the statutory provisions of law relating to the industrial jurisprudence and consequently

she raised an industrial dispute before the Authority appointed under the Act of 1947 which inter alia convened joint

meetings between the employer and the workman and finally parties to the dispute under their volition got entered

into a settlement dated 31.03.2004 under Section 12(3) of the Industrial Disputes Act 1947 and consequently the

workman was reinstated w.e.f. 02.04.2004 with continuity of service from the date of termination .i.e. 01.10.2003 till

02.04.2004 as if there was no termination at all and ever since then she has been working uninteruptedly duly working

for more than 240 days a year in all these years. During 1995 to 1999 attendance registers had also been maintained

by the department. It is submitted that the letter dated 10.11.1982 being notified by the DOT, Anakapalli bears the

name of the workman (L. Padma by then), and copy of the settlement dated 31.03.2004 under Section 12(3) of the

Industrial Disputes Act 1947. Further it has also been represented to the concerned authority for regularization of the

services of the workman through the Auhority appointed under the Act of 1947 vide representation dated 23.01.2004.

It is submitted that during that period the workman got so many employment opportunities but she remained back

with the employer owing to the assurance given by the concerned authority that her services could be absorbed and

permanency be granted with higher benefits than the one she could get elsewhere. That apart she is a member of the

Scheduled Caste. It is submitted that I was appointed substantively against sanctioned post. The alleged name as

"Contract Labour" is only sham and nominal. It is a camouflage to prevent the workman from claiming the benefits of

Labour Laws that are applicable in the circumstances. Ipso facto there is no mediator in the matter of either

appointment of the workman or her continuance of the service with the employer. The employer used to maintain an

attendance register. Copies of the attendance registers for the period of 1995 to 1999 are herewith annexed. As the

services of the workman are continuous in the same department the entire service of her be computed for all the

purposes. It is submitted that the workman is now age barred and ineligible for any other employment in any

statutory establishment and she is the bread winner to the large family. It is submitted that the workman in toto

rendered 25 years of unblemished service to the employer straining herself from dawn to dusk with a fond hope that

in all just and fairness that her services could be continued till she attains superannuation. But, services of workman

396

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

were uninterrupted and she was denied even temporary status in consonance of the notification of the Department of

the employer apart from being denied equal pay for equal work which was a constitutional guarantee to which the

workman is fairly entitled to. It is further submitted that she raised an industrial dispute. Hence prayed to declare the

alleged contract employment as bogus, a sham and nominal and that the action taken by the employer is unjust, unfair,

illegal, arbitrary, vindictive, an unfair labour practice but also unreasonable and unsustainable under rule of law and

direct the employer to reinstate the workman with all consequential and attendant benefits., continuity of service with

full back wages for the period from date of arbitrary termination i.e. 01.09.2009 till date of actual reinstatement for

the workman has not been employed gainfully ever anywhere and that she is also entitled for absorption with the

employer in lieu of the nature and length of service she rendered.

3. Respondent filed counter denying the averments of the Petitioner as under:

At the outset Respondent denied various allegations made by the Petitioner except those which are specifically

admitted. It is denied that the claimant was selected and appointed vide application with effect from 01.03.1996

Divisional Engineer, B.S.NL, Srikakulam and that the salary was fixed at Rs.1200/- per month and that she worked

for 10 to 12 hours per day is also denied. It is submitted that no such person has been appointed and no such

appointment letter has been filed by the claimant and it is submitted that the appointment cannot be made by the

Superintendent Engineer as the procedure of appoint of staff is decided by the Central Office. It is also denied that the

claimant had worked for 240 days uninterruptedly. It is submitted that the claimant was neither appointed nor

terminated as such the very fact that the claimant states that her salary was Rs.1200/- per month falsifies is contention

and suffice to state that the claimant was never appointed hence the question of terminating does not arise and no

piece of paper has been filed to establish the same. It is submitted that the procedure for appointment is governed by

the Constitution of India and there cannot be any other mode of appointment as such the claim of the claimant has to

be rejected. It is denied that the Petitioner has obtained order from the Asst. Commissioner of Labour under the

name of B.Padma under representation dated 23.01.2004 but it is suffice to state that the description of the said

employee does not tally with the Petitioner and the claim is now time barred. That Respondent had given any

assurance to the claimant is denied. It is submitted that the contention of claimant that she was shown a contract

labour is contradictory to her claim wherein she claims to have been appointed. It is submitted that whenever the

Respondent took contract labour, the contract between the Respondent and the labour contractor and Respondent

never paid any amount directly to the labour, and has no concern as to who would be engaged by the contractor. It is

suffice to state that no documentary evidence has been filed to show that the Respondent has engaged the service and

paid the wages, which falsifies the claim of the claimant. It is denied that claimant has rendered services of 25 years,

as per records of the Respondent and the question of sudden and surprise un ceremonious action does not arise. It is

submitted that the claimant had claimed at he was appointed by Respondent on his application and now the claimant

claim that job works were carried by contractors. It is submitted that odd jobs were given in contract to contractors

and the amounts were paid to the contractors, and the contention of the claimant that the same is sham and unfair is

contrary to the record and suffice to state that the claimant has not produced a single piece of paper to establish that he

was employed by the Respondent and terminated on 10.10.2003 and it is submitted that the appointments were done

as per the rules by the Central Office and no recruitments are done directly by the department itself. The claimant

was never employed and as such is not a workman of the Respondent and not entitled to raise the disputes under the

Industrial Disputes Act. Hence, prayed to dismiss the claim of the claimant.

4. On the basis of rival pleadings following points emerged for determination in the present matter:-

I.

Whether the action of the management of Superintending Engineer BSNL Visakhapatnam Intermediate in the

services of Smt. B Padma w.e.f. 1.9.2009 is legal and justified?

II. To what relief the Workman is entitled for?

Findings:-

5. Point No.I:- As per claim of the Workman, she was selected and appointed as Group D part time sweeper cum

water woman with the employer with effect from 19.6.1984 and she rendered continuous service. Further, it is

submitted that she was categorised as Beldar cum Peon with effect from June, 1994. That while she was working so

with the Department of Telecommunications, Anakapalli in the office of the Executive Engineer, M/s. BSNL, Civil

Division, Visakhapatnam being sponsored from the regional Employment Exchange and got selected and working on

wages of Rs.1500/- per month. Further, the nature of duties were stitching of files, posting of letters at post office,

carrying and handing over letters etc., to different units, taking Xerox copies, paper filing and estimated stitching,

supplying water and tea and other works entrusted by the officers of the employer. Further, it is submitted that hours

of duty per day were 8 to 10 hours and she was doing the work of perennial in nature and she was working

uninterruptedly for more than 240 days in a year, in all those years, continuously. Further, it is submitted that

Respondent in violation of the provisions of I.D. Act, 1947 has terminated the Workman from service

unceremoniously with effect from 1.10.2003. Further, it is submitted that Petitioner raised industrial dispute before

the authority appointed under the Act who convened joint meetings between the employer and the Workman and

finally, parties to the dispute under their volition got entered into a settlement dated 31.3.2004 under section 12(3) of

the I.D. Act, 1947 and consequently the Workman was reinstated with effect from 2.4.2004 with continuity of service

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

397

from the date of termination i.e., 1.10.2003 to 2.4.2004 as if there were no termination at all and ever since she has

been working uninterruptedly for more than 240 days a year, in all these years. Further, it is submitted that during

1995 to 1999 attendance registers had also been maintained by the department. She has filed the letter dated

10.11.1982 being notified by the DOT, Anakapalli wherein the name of the Workman is mentioned and also filed the

copy of settlement dated 31.3.2004 under Section 12(3) of ID Act.

6. Per contra, Respondent has filed counter wherein it is contended that the claim of the Petitioner is neither

maintainable in law nor on facts and liable to be dismissed. Further, it is denied that claimant Workman was an

employee of the Respondent. Further, it is submitted that as per record of the Respondent, the Petitioner was never

employed by the Respondent. Further, it is submitted that the Workman is not employee of the Respondent and

address of the Respondent given by the Petitioner is incorrect. Further, it is contended that the Workman was not

selected and appointed vide application with effect from 1.3.1996 and it is also denied that salary of the Workman

was Rs.1200/- per month and she worked for 10 to 12 hours per day. Further, Respondent submitted that the

appointment cannot be made by the Superintendent Engineer as the procedure of appointment of staff is decided by

the central office. It is also denied by the Respondent that claimant had worked 10 to 12 hours per day and that she

worked for 240 days uninterruptedly from 1.3.1996 to 10.10. 2003. Respondent contended that claimant was neither

appointed nor terminated and that her salary was Rs.1200/- per month falsifies her contention. Further, the claimant

was never appointed. Hence the question of terminating her services does not arise. Workman has not filed any piece

of paper to establish the claim of her appointment in the Respondent office. The procedure for appointment in the

Respondent organization is governed by the Constitution of India and there cannot be any other mode of appointment.

As such the claim of the claimant has to be rejected. Further, Respondent denies that Petitioner has obtained order

from ALC(C), under name of Smt. B Padma in her representation dated 23.1.2004. But it is suffice to state that the

description of this employee does not tally with the Petitioner.

7. Further, Respondent contended that the claimant has claimed as she was appointed by this Respondent and she

was shown as a contract labour, which is contradictory to her claim, that she has been appointed. Further, Respondent

denies that the contract labour is a sham and that they always work under the Respondent. It is suffice to state that no

documentary evidence has been filed to show that the Respondent has engaged her service and paid wages, which

falsifies the claim of the claimant. Further, Respondent also denies that claimant has rendered service of 25 years.

But as stated supra, the claimant was never employed. Further, it is contended that the Workman is not a Workman of

the Respondent and not entitled to raise the dispute under the I.D. Act, 1947. Therefore, prayed that the claim of the

Workman be dismissed with costs.

8. The workman has examined herself as WW1 and also filed the documents in support of claim, i.e., Ex.W1 to W9.

On the other hand, Respondent has filed evidence affidavit of MW1 and MW2, and MW1 was cross examined by the

Counsel for workman and Respondent has also filed the documents i.e., 49 documents. Although the affidavit of

MW2 was filed by the Respondent, along with the aforesaid 49 documents, but as the witness MW2 was not

produced for cross examination, therefore, the evidence of the MW2 is not admissible as per rule of evidence.

9. In view of the submissions and evidence on behalf of rival parties, let us proceed to examine whether the action

of Respondent in terminating the services of the Workman vide order dated 10.10.2003 is justified. The Workman

herein Smt.B. Padma has examined herself as WW1 and in her chief affidavit she has reiterated the averments made

in the claim statement. In cross examination WW1 states:-

“I was appointed through my brother Srinivas Rao who was working as a clerk in BSNL. I cannot say if I can

examine him(Srinivas, my brother). It is not correct to say that I am depositing falsehood and that I know the above

contractors and that I was appointed through my brother i.e., Srinivas. It is true that I have not mentioned in my

claim statement that I was appointed through my brother nor in my evidence affidavit.

It is not true to say that Ex. W5 attendance register is a bogus one and fabricated document. It is not true to say that I

was working under BSNL and that this company has no link with me. It is not true to say that I was working under the

contractor and getting salary from them. My name was there in the attendance register and as well as acquaintance

roll. It is not correct to say that my name was not there in attendance register and payroll register. It is not true to say

that I have not worked from 15.4.1996 to 10.10.2009 under the Respondent. It is not true to say that, I only worked

under the contractor and not under the BSNL management.”

10. In support of her claim, Workman has also filed the documents in evidence. Ex.W1 is the list dated 10.11.1982

of Candidates found suitable for being engaged as a casual Mazdoor in P&T department, and the name of the

Workman herein bears at Sl.No.33. Thus, from Ex.W1 it is established that the Workman was engaged as casual

mazdoor vide order dated 10.10.1982 issued by A. Krishna Rao, Sub -Divisional Officer, Telecom, Anakapalli.

Further, Ex.W2 is the representation dated 23.1.2004 written by Workman, L. Padma to the, TK Panda, Assistant

Labour Commissioner, Visakhapatnam asking for regularization, and regular employment as sweeper cum water

woman in Telecom Civil Wing. Ex.W3 is the memorandum of Settlement arrived at under Section 12(3) of the I.D.

Act, 1947 on 31.3.2004, before the ALC(C), Visakhapatnam, between the management of M/s. BSNL represented by

Executive Engineer, Civil Division, Visakhapatnam and Smt. L. Padma as sweeper cum water woman in BSNL.

The extract of terms and conditions of settlement are as under:-

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THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

1. The management will allow the Workman to join the in duty as a part time sweeper with effect from 2.4.2004.

2. She will be given wages as paid before.

3. The period of her idle employment, i.e., from the date of termination, i.e., 1.10.2003 to the date of reinstatement,

2.4.2004, will be counted towards her seniority.

The settlement reached out of goodwill and volition of the parties.”

Thus, settlement has been signed by all three parties, management, workman and the ALC(C), Sri TK Panda on

31.3.2004. The Ex.W3 memorandum of settlement reveals that the workman was reinstated in the service of the

Respondent management as a part time sweeper with effect from 2nd April 2004. The document Ex.W4 is the

document of birth certificate of the Workman. Ex.W5 contains the photocopies of register of attendance pertaining to

the year 1995, 1996, 1997, 1998, 1999. It goes to shows that the Workman Smt. B. Padma along with other

workmen Sri K.G.K. Murthy and Sri M. Srinivasa Rao has attended the duties in all working days in the Respondent

office. Although Respondent has tried to question the genuineness of these documents of attendance register, but the

seal of the Respondent management has been affixed on these attendance registers which prima facie proves that

workman had attended the duties on the days which has been marked in attendance register. Therefore, according to

preponderance of probability, these documents are taken into consideration for establishing the fact that the Workman

Smt. B. Padma had worked in the Respondent office during the years 1995, 1996, 1997, 1998 and 1999.

10.

Workman Smt. B Padma claims that she has been terminated from the service by the Respondent with effect

from 1.9.2009 and she had worked uninterruptedly for more than 240 days in a year, in all those years, continuously.

Now, let us examine whether workman herein had worked in the Respondent employment for 240 days continuously

in a calendar year just preceding from the date of her termination, i.e., 1.9.2009 as per requirement of provision under

Section 25F of the ID Act.

11. However, Respondent has questioned the maintainability of the claim statement/ Petition filed by the workman

in the present matter. From the perusal of evidence of WWI and document Ex.W3, it is established that Petitioner

had worked as a part time sweeper in the Respondent management with effect from 2.4.2004. Ex.W3 is

Memorandum of Settlement dated 31.3.2004 arrived at between the workman and Management before ALC(C) and

as per Memorandum of Settlement-Ex.W3, Respondent has been directed to allow the workman to join the duty as a

part time sweeper w.e.f. 2.4.2004. This settlement dated 31.3.2004 is binding on both parties , the workman as well

as the Respondent Management in view of the provision of Sec.18(3)(a) of the I.D. Act, 1947. Therefore, as a Part

time sweeper workman was in the employment of Respondent and she has right to file petition under the provision of

I.D. Act, 1947 for redressal of her grievances of termination. Therefore, the argument of Respondent in this regard is

not tenable.

In this context, the decision of Hon’ble Supreme Court in the case of Divisional Manager, New India Assurance

Company Limited Vs. A. Sankaralingam, AIR 2009 SC page 309 is relevant wherein Hon'ble Court have held,

“12. It will be seen from a perusal of the aforequoted passages that the observations made therein clearly suggest that

a workman employed on a part time basis but under the control and supervision of an employer is a workman in term

of Section 2(s) of the Act, and is entitled to claim the protection of Section 25F thereof, should the need so arise. The

fact that the workman was working under the control and supervision of the appellant employer is admitted on all

sides.

Thus, in view of the law laid down by the Hon’ble Apex Court as discussed above, the Workman herein who was

employed as a part time employee by Respondent is covered under the definition of Section 2 (s) of the I.D. Act,

1947 and hence have right to file petition under provision of I.D. Act, 1947.

12. Now, we have to examine in the matter at hand whether the workman had worked for 240 days in a calendar

year just preceding from the date of her termination, i.e., 1.9.2009. Before appreciation of the evidence adduced by

the Workman in this regard, it would be apposite to reproduce the relevant provision pertaining to the retrenchment

under I.D. Act, which are reproduced as under:-

Section 25F provides:-

Conditions precedent to retrenchment of workmen.- No workman employed in any industry who has been in

continuous service for not less than one year under an employer shall be retrenched by that employer until—

(a) the workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period

of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice:

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'

average pay for every completed year of continuous service] or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified

by the appropriate Government by notification in the Official Gazette].

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

399

Compensation to workmen in case of transfer of undertakings.

Section 25B defines the term continuous service:-

Definition of continuous service.- For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,

including service which may be interrupted on account of sickness or authorized leave or an accident or a strike

which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six

months, he shall be deemed to be in continuous service under an employer--

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with

reference to which calculation is to be made, has actually worked under the employer for not less than--

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

In the context, onus of proof to prove the plea of 240 days of continuous working by workman in a Calendar year

just preceding the date of termination, Hon’ble Supreme Court in the case of M/s. Essen Deienki Vs. Rajiv Kumar

AIR 2003 SC page 38, have held:-

“The proof of working for 240 days is stated to be on the employee in the event of any denial of such a factum and it

is on this score that this Court in Range Forest Officer v. S.T. Hadimani (2002 (3) SCC 25) was pleased to state as

below :

" In our opinion the Tribunal was not right in placing the onus on the management without first determining on the

basis of cogent evidence that the Respondent had worked for more than 240 days in the year preceding his

termination. It was the case of the claimant that he had so worked but this claim was denied by the appellant. It was

then for the claimant to lead evidence to show that he had in fact worked for 240 days in the year preceding his

termination. Filing of an affidavit is only his own statement in his favour and that cannot be regarded as sufficient

evidence for any court or tribunal to come to the conclusion that a workman had, in fact, worked for 240 days in a

year. No proof of receipt of salary or wages for 240 days or order or record of appointment or engagement for this

period was produced by the workman. On this ground alone, the award is liable to be set aside. ."

Further, in the case of Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex

Court held:

"It was the case of the workman that he had worked for more than 240 days in the year concerned. This claim was

denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year

preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be

regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had

worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)

SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere

non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the

workman had worked for 240 days as claimed."

In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the workman to

show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In

M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:

"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial

Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn

erroneously ..”

In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex

Court held that "the initial burden of proof was on the workman to show that he had completed 240 days of service."

Therefore, in view of law laid down by Hon'ble Supreme Court as discussed above, the onus of proof lies upon the

shoulder of the Workman herein and she has to prove that she had worked 240 days continuously in a calendar year

just preceding her date of termination, i.e., 1.9.2009, in the employment of Respondent as she had claimed. The

perusal of record reveals that workman herein has not filed any documentary evidence, i.e., any appointment letter,

salary slip or attendance register pertaining to the year 2009 to substantiate her claims that she had worked for 240

days continuously in the employment of Respondent. Therefore, for the want of evidence of 240 days continuous

service in a calendar year, we are unable to accept the plea of the Petitioner that she had worked 240 days in a

calendar year continuously just preceding from her date of termination, i.e., 1.9.2009. In order to claim the

protection against illegal retrenchment under section 25 F of the ID Act, the onus of proof lies on workman to prove

mandatory requirement of continuous working of 240 days in employment of Respondent but the workman has

400

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

utterly failed to prove her case on this premise. Thus, in view of the above, I am constrained to hold that the

Workman failed to discharge the onus of proof to establish the claim of continuous working 240 days in a calendar

year just preceding her date of termination, therefore, the claim of the workman that she has been terminated in

contravention of provision of Sec.25F of I.D. Act, 1947 is not tenable.

13. On the other hand, Respondent has examined MW1 in support of the contention made in counter wherein it has

categorically been stated by MW1 that the witness denies that the Petitioner was working for 10 to 12 hours per day

and had worked for 240 days uninterruptedly in a calendar year just preceding from the date of her termination from

service. Further, MW1 states that no such appointment of workman was made by the Respondent Corporation.

Further, Respondent contended that a writ petition was filed before the Hon’ble High Court and while disposing the

writ petition, Hon’ble High Court has directed the Tribunal to adjudicate the present ID independently without being

influenced by any of the observation made in the order passed in I.A. for production of the documents and examining

the circumstances stated by the Respondent corporation as to the same is justified or not. Further, MW1 witness

states that as per rules the documents are/were destroyed after 5 years and the documents sought to be produced are

voluminous documents which having no relevance to the case. Further, it is submitted that the Petitioner had stated

that they were appointed by the Respondent corporation initially and in their own claim statement they stated that

they were engaged as contract labour. Hence, Respondent corporation cannot produce said documents and the claim

of the claimant itself is speculative. In cross examination MW1 states that, it is not true to suggest that workman

has rendered 13 years service in Respondent management. The Respondent has also filed the photocopy of the

extract page of “P T F.H.B. VOL.I” wherein it is mentioned that period of preservation of the record has been

mentioned in that extract, that provides, registers are maintained for the period of 5 years and muster Roll and

Register of muster rolls are also maintained upto 5 years.

14.

Thus, in view of fore gone discussion and law laid down by Hon’ble Court as discussed above the Workman in

the present matter has failed to establish her claim that her termination vide order dated 1.9.2009 was in violation of

the provisions contained under Section 25 F. Therefore, action of the Respondent management in terminating the

services of Smt. B. Padma is held legal and justified.

Thus, Point No.I is decided against the workman accordingly.

15. Point No.II:- In view of the finding arrived at Point No.I, workman failed to establish her claim of illegal

termination, therefore, she is not entitled for any relief.

Thus, Point No.II is decided accordingly.

AWARD

The action of the management of Superintending Engineer, BSNL, Visakhapatnam in terminating the

services of Smt. B. Padma w.e.f. 1.9.2009 is held legal and justified. The workman is not entitled to any relief as

prayed for. Petition is dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 9th day of January, 2025.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri B. Padma

MW1: Sri Sunil Kumar Singh

Documents marked for the Petitioner

Ex.W1:

Photostat copy of office memo of the employer notified the list of names sponsored by Employment

Exchange dt. 10.11.1982

Ex.W2:

Photostat copy of representation to ACL(C)23.1.2004

Ex.W3:

Photostat copy of settlement u/s 12(3) of Act dt.31.3.2004

Ex.W4:

Photostat copy of nativity, caste and DOB dt.30.6.1998

Ex.W5:

Photostat copy of attendance 1995-99

Ex.W6:

Photostat copy of representation to ACL(C) dt.1.9.2009

Ex.W7:

Photostat copy of remarks of employer filed before ACL(c) dt.14.10.2009

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

401

Ex.W8:

Photostat copy of proceedings relating to the post of workman dt.13.11.95

Ex.W9:

Photostat copy of memo of D/o Telecom dt.28.6.2000

Documents marked for the Respondent

NIL

नई दिल्ली, 27 िनवरी, 2025

का.आ. 141.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार मिाप्रिंिक, िीएसएनएल, िूरसंचार जिला, गुंटूर, के प्रिंितंत्र के संिद्ध जन ोिकों और श्री िे.एस.वी.डी. भास्ट्कर,

कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल - िजिरािाि ृंचाट (संिभव

सं्‍ ा LC 22/2009) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के

सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-40012/29/2009-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 141.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 22/2009) of the Central Government Industrial

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

employers in relation to The General Manager, BSNL, Telecom District, Guntur, and Shri J.S.V.D. Bhaskar,

Worker, which was received along with soft copy of the award by the Central Government on 27.01.2025.

[No. L-40012/29/2009-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: Sri IRFAN QAMAR

Presiding Officer

Dated the 6th day of January, 2025

INDUSTRIAL DISPUTE No. 22/2009

Between:

Sri J.S.V.D. Bhaskar,

S/o J. Ramana Babu,

R/o 26-34-16, A.T. Agraharam,

9th Lane, Opp. SKBMH School,

Guntur -4.

….. Petitioner

AND

The General Manager,

BSNL, Telecom District,

Guntur.

…. Respondent

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THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Appearances:

For the Petitioner : M/s. G. Vidyasagar, K. Udayasree & P. Sudheer Rao, Advocates

For the Respondent: Sri S. Prabhakar Reddy, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L-40012/29/2009-IR(DU) dated 21.5.2009

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

the management of BSNL and their workman. The reference is,

SCHEDULE

“Whether the action of the management of BSNL, Guntur in terminating the services of their workman Shri

J.S.V.D. Bhaskar w.e.f. 6.8.2008 is legal and justified? If not, what relief the workman is entitled to?”

The reference is numbered in this Tribunal as I.D. No. 22/2009 and notices were issued to the parties

concerned.

2.

The averments made is the claim statement are as follows:

It is submitted that the Petitioner joined the Central Telegraph Office as Telegraphic Messenger on 27.3.2003. He

worked continuously and discharged his duties as Telearaphic Messenger with utmost satisfaction of his superiors. It

is submitted that there were about 8 Telegraphic Messengers working at Guntur circle and they used to work for more

than 10 hours in different shifts as per the allotment of shifts by the Respondent Management. The Respondent used

to pay Rs.20/- per day for the line works and Rs.1/- for each telegram. Now, the workmen are being paid Rs.40/- per

day and Rs.2/ per each Telegram for delivering telegraphic messages. The Petitioner has to take his own cycle and

deliver the same nook and corner villages. Though, the amount paid to the workmen is meager, they are discharging

duties under the fond hope that their services would be regularized and that they would be paid regular scale of pay.

Since workman worked considerable length of time, they made representations to the Respondent requesting for

regularization of the services and also for regular scale of pay. On the ground that the workmen made representation

for regularization and other benefits, they were informed orally that they need not attend for duties w.e.f. 6.8.2008.

Immediately, workman approached the authority requesting to continue the services of the workmen as Telegraphic

Messenger. However, the Respondent has not taken him into service. Therefore, the services were terminated orally

with effect from 06/08/2008 which is wholly illegal arbitrary and unjust. It is submitted that as there was no other

alternative, the BSNL contract casual employees and labour Union, approached the Assistant Commissioner of

Labour(Central) Vijayawada, later the dispute was referred to this Tribunal hence, this ID. It is submitted that

Petitioner worked in the Respondent with the meager salary under the fond hope that his services would be

regularized in future and he will get benefits to which he is entitled to from the date of his appointment. But, till

date, the Respondent has not regularized the services of the Petitioner. When Petitioner along with others formed

Union and made representation with regard to grievances of the workman, the Respondent started victimizing against

the Petitioner and other workmen and ultimately their services were terminated w.e.f. 6.8.2008 without assigning any

reasons. It is submitted that after disengaging the services of the workman, the Respondent has engaged other

workmen viz., Sri K. Nagabhushanam, Sri Subba Rao, and Sri Goverdhan as Telegraphic Messengers, which is

wholly illegal, arbitrary and contrary to the provisions of the Industrial Dispute Act, 1947. Further the Respondent

have called for tenders for delivery of "C" Telegrammes work and work order has been issued to M/s. Rana Man

Power & Placement Services Private Limited, Guntur, to that effect Petitioner herein filing payment bills vide Bill Dt.

11/03/2010 and 11/04/2010. It is submitted that the workman has worked for more than 4 to 5 years of continuously

without any break, and the workman has completed more than 240 days in a calendar year. Hence, the workman is

entitled to notice, notice pay before termination from the employment. However, the Respondent has not issued any

notice nor any compensation in lieu of notice as per Section 25 of Industrial Disputes Act, 1947. Hence, the

Respondent has violated the Section 25 of Industrial Disputes Act, therefore, the termination is illegal and the

workman is entitled to reinstatement with all consequential benefits. It is further submitted that the Hon'ble Supreme

Court in catena of decisions held that the temporary employee cannot be replaced by another temporary employee. In

the given case, all the workmen have been disengaged by engaging fresh workmen as Telegraphic Messenger, which

is nothing but violation of Section 25 (g) and (h) of Industrial Disputes Act. It is submitted that as per 25 (G) and (H)

seniority list of employees has to be prepared and no such seniority list is prepared. It is submitted that though the

workman continuously worked more than 240 days in a calendar year, the Respondent used to pay the wages for five

days in factious names in order to avoid regularization and other benefits, to which the workman is entitled to. It is

submitted that the workman did not secure any employment in any other organization on the ground that his services

would be absorbed in the Respondent organization. By virtue of oral termination, the workman was deprived of

livelihood. It is therefore prayed to declare the action on part of the Respondent in terminating the services of the

Petitioner orally w.e.f. 6.8.2008 is illegal, arbitrary and unjust and consequently directing the Respondent to reinstate

the Petitioner into service, with continuity of service, full back wages and other attendant benefits.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

403

3. Respondent filed counter denying the averments of the Petitioner as under:-

It is further submitted that the BSNL Contract Casual Employees and Labour Union is not having any locus standi to

espouse the cause of Petitioner herein. It is submitted that the Respondent engaged the Petitioner for delivery of

telegrams occasionally on coolie basis and he was paid Rs.2/- per delivery of each telegram vide orders of the General

Manager, Telecom No.A31/ACTTS/MISC2001-02 dated 03.12.2001. The Petitioner was neither recruited nor

appointed as Telegram Messenger in the Respondent organization. There is no privity of contract between the

Petitioner and Respondent. There is no employee employer relationship between the Petitioner and Respondent.

Therefore the Petitioner can not avail the provisions of Industrial Disputes Act, 1947. It is further submitted that, the

Respondent did not appoint the Petitioner and there is no privity of contract and therefore the question of removing

his services by the Respondent does not arise. It is further submitted that the Hon'ble Apex Court in the case of

Secretary, State of Karnataka Vs Uma Devi (3) reported in 2006 (4) SCC 1 was pleased to held that absorption,

regularization or permanent continuance of temporary, contractual, casual, daily wage or adhoc employee appointed/

recruited dehorns the constitutional scheme or public employment on issuance of directions by court and issuance of

such directions amount to creating another mode of public employment which is not permissible. In the present case

the Respondent engaged the Petitioner only for delivery of telegrams occasionally on coolie basis and he was paid

Rs.2/- for delivery of each telegram and therefore the Petitioner is not having any right to seek employment with the

Respondent. Moreover the Petitioner without intimating to the Respondent stopped coming to deliver the telegrams.

Therefore he can not claim that the Respondent engaged him and terminated his services. Viewed from any angle the

claim of the Petitioner is frivolous and therefore the Petitioner is not entitled for any relief. The contentions of the

Petitioner that he joined Central Telegraph Office as Telegraphic Messenger on 01.01.1999, worked continuously,

discharged his duties as Telegraphic Messenger with utmost satisfaction of his superiors etc., false, baseless and not

tenable and the Petitioner may be put to strict proof of the same. It is submitted that the Respondent engaged the

Petitioner for delivery of telegrams occasionally and in view of the same the allegations mentioned by the Petitioner

are false and untenable. Further, it is submitted that the Petitioner and other personnel engaged by the Respondent for

delivery of telegrams occasionally on coolie basis on payment of Rs.2/- for delivery of each telegram they were

neither recruited nor appointed as telegram messengers in the Respondent organization. Therefore the question of

terminating his services orally w.e.f. 06.08.2008 by the Respondent does not arise. The Petitioner without intimating

to the Respondent stopped coming to deliver the telegrams. The further contention of the Petitioner that the workman

worked considerable length of time, they made representations to the Respondent requesting for regularization of the

services and also for regular pay of scale etc., is untenable. The Petitioner engaged for delivery of telegrams

occasionally on coolie basis by paying Rs.2/ per telegram is not entitled for regularization. The union is not having

any locus standi to represent or espouse the cause of the Petitioner since the Petitioner is not a workman as defined

under Section 2 (s) of the I.D.Act and therefore he can not be represented by the said union. It is submitted that

Respondent never informed the Petitioner that his services will be regularized in future since the Respondent never

recruited or appointed him as Telegram messenger and he was engaged only for delivery of telegrams on piece rate

basis. Therefore when there is no employee employer relationship and Petitioner stopped delivery of messages

without intimation, the question of termination of his services by the Respondent does not arise. It is submitted that a

tender was called for delivery of telegrams and work order has been issued to M/s.Rana Man Power and Placement

Services Private Limited, Guntur since there is no alternative to the Respondent to do the same as the Petitioner and

other similarly situated personnel who were engaged for the purpose of delivery of telegrams stopped delivery of

telegrams without intimation. The other allegations with regard to violation of provisions of I.D.Act etc., are false and

untenable. The question of violation of Section 25 (G) and (H) of the I.D.Act by the Respondent does not arise. The

contentions of the Petitioner that the junior to him was considered for employment is denied for the reason that the

Petitioner is not an employee of the Respondent. The Petitioner was engaged for delivery of telegram occasionally on

coolie basis and he never continuously engaged for 240 days in a calendar year as employee of the Respondent. He

was not paid either daily or monthly wages. The Respondent never informed the Petitioner that his services would be

absorbed in BSNL Organization. He was never recruited, neither appointed nor was terminated and hence the

question of reinstatement does not arise. In view of the above, the petition be dismissed as devoid of merits.

4. Heard arguments of Learned Counsels for both the parties as well as perused written arguments.

5. On the basis of rival contentions and pleadings of both the parties, following issues emerge for

determination in the instant matter:-

I.

Whether the action of Respondent Management of BSNL, Guntur in terminating the services of Petitioner Sri

J.S.V.D. Bhaskar with effect from 6.8.2008 is legal and justified?

II. Whether the Petitioner is entitled for regularization?

III. Whether the Petitioner is entitled for the relief claimed?

Findings:-

6.

Point No.I:-It is the claim of the Petitioner that he joined the service of the Central Telegraph Office as

telegraphic messenger on 27.3.2003 and he worked for more than 4 to 5 years continuously without any break.

Petitioner submits that he has completed more than 240 days in a calendar year hence, he is entitled to notice, notice

404

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

pay before terminating from the employment. However, Respondent did not issue any notice nor paid compensation

in lieu of notice under Section 25F of ID Act and Respondent has terminated Petitioner from service in violation of

the provision contained under section 25 F of ID Act and termination order of Petitioner is illegal and he is entitled

to reinstatement in the service with all consequential benefits. Further, Petitioner submits that Supreme Court in

catena of decisions has held that temporary employee cannot be replaced by another temporary employee. In the

instant matter all the workers have been disengaged by engaging fresh workmen as telegraphic messengers by the

Respondent in violation of section 25G and H of I.D. Act, 1947. Thus, Petitioner claims that his termination order

dated 6.8.2008 be set aside and Respondent be directed to reinstate him into service.

7. In support of plea in evidence Petitioner, has filed affidavit of WW1 wherein witness has reiterated the

averments made in the claim statement, WW1 states that his service was terminated orally on 6.8.2008 by the

Respondent in contravention of the provision of Section 25 F of the I.D. Act. WW1 was cross examined by the

Respondent counsel and in his cross examination, WW1 states as under:-

“No appointment letter was issued to me for delivery of telegrams. It is not true to suggest that Respondent used to

take work from me as and when required. It is true that as per Ex.W17, I have worked 18 days in the month of April,

2002 and I have worked 22 days in the month of June 2002, I have worked for 22 days in the month of July, 2002 and

20 days in the month of August, 2022. It is not correct to say that I have not worked 240 days in any calendar year.

The Witness volunteers that he has worked 360 days in a year without any holidays. I have not given any complaint

to the Labour Department complaining that Respondent is taking our service in the holidays. I have not given any

complaint that though I have worked under the Respondents but instead of my name, others name have been

mentioned in the record. I have not made any complaint to that effect. It is not true to suggest that management has

not appointed me as telegram messenger. Therefore the question of terminating me on 6/8/2008 does not arise.”

From the above statement of WW1 it manifest that workman did not complete 240 days continuous service in the

year 2002. Further, Petitioner was not issued any appointment letter therefore, it is established that he had worked as

a daily wager in the Respondent office.

8. Further, WW1 was cross examined by the Respondent regarding documents, Ex.W18 the bunch of photo copies,

to which Petitioner claims that it pertains to the allotment of duty charts and work chart, details of messengers,

timings of duty hours and payment of bills pertaining to Petitioner for the period from 27.3.2003 to till date of

termination i.e., 6.8.2008. WW1 in his cross examination states:-

“ It is true that Ex. W18 pertains to only for the years 2006 and 2007. It is not true to suggest that Ex.W18 dates are

not continuously appearing. I have obtained the Xerox copies of Ex.W18 from one Mr Anand Rao, Attendar in the

year 2007. It is not true to suggest you that I have prepared Ex. W18 and filed before this Court. The Ex.W18

contains the signature of Sr. Assistant and rubber stamp pertains to Sub Divisional Engineer. It is not true to suggest

to that Ex.W18 does not disclose that I have worked for 240 days in the Respondent. It is not true to suggest that I

have fabricated the document Ex.W18 for the purpose of this case.”

It manifest from the above statement of WW1 that he has not filed any document of duty chart and timings of duty

hours and payment of bill pertaining to year 2008 in which he was terminated. These photocopies pertains to the yea

2006 and 2007 only. Now, we proceed to examine the evidence lead by the Petitioner on record in support of his

claim.

9. It is settled law that for taking a plea about retrenchment in violation of provision of Section 25 F of ID Act,

the workman has to establish that he has been in continuous service for not less than one year or 240 days

continuously in service in a calendar year just preceding from the date of his termination, under that employer who

has retrenched him from service.

Before evaluating evidence on record in support of claim of Petitioner, it would be relevant to reproduce here the

provision of Section 25 B of ID Act which defines the term continuous service of Workman, that reads as under:-

Section 25B defines the term continuous service which provides

Definition of continuous service.- For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,

including service which may be interrupted on account of sickness or authorized leave or an accident or a strike

which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six

months, he shall be deemed to be in continuous service under an employer--

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with

reference to which calculation is to be made, has actually worked under the employer for not less than--

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

405

Further, Hon'ble Supreme Court in its number of decisions has elaborated the concept of continuous service in a

calendar year u/s 25F of I.D. Act as required for valid retrenchment under I.D. Act, 1947 and few decision are

discussed as follows:-

In the case of Sur Enamel and Stamping works Private Limited Vs. their workmen, referring to Section 25 B,

Hon'ble Supreme Court has defined the term continuous service as under:-

"The position therefore is that during a period of employment for less than 11 calendar months these two persons

worked for more than 240 days. In our opinion that would not satisfy the requirement of section 25B. Before a

workman can be considered to have completed one year of continuous service in an industry it must be shown first

that he was employed for a period of not less than 12 calendar months and, next that during those 12 calendar months

had worked for not less than 240 days. Where, as in the present case, the workmen have not at all been employed for

a period of 12 calendar months it becomes unnecessary to examine whether the actual days of work numbered 240

days or more. For, in any case, the requirements of section 25B would not be satisfied by the mere fact of the number

of working days being not less than 240 days."

In Mohan Lal Vs. Management of M/s. Bharat Electronics, dated 21.4.1981AIR 1981 Supreme Court 1253, the

Hon'ble Supreme Court have held,

It was, however, urged that section 25F is not attracted in this case for an entirely different reason. Mr. Markendaya

contended that before section 25F is invoked, the condition of eligibility for a workman to complain of invalid

retrenchment must be satisfied. According to him unless the workman has put in continuous service for not less than

one year his case would not be governed by section 25F. That is substantially correct because the relevant provision

of section 25F provides as under:

"25F. "No workman employed in any industry who has been in continuous service for not less than one year under an

employer shall be retrenched by that employer until:-

(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period

of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;

Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for

the termination of service;

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent of fifteen days'

average pay (for every completed year of continuous service) or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government (or such authority as may be specified

by the appropriate government by notification in the Official Gazette)."

Reverting to the facts of this case, admittedly the appellant was employed and was on duty from December 8, 1973 to

October 19, 1974 when his service was terminated. The relevant date will be the date of termination of service, i.e.

October 19, 1974 Commencing from that date and counting backwards, admittedly he had rendered service for a

period of 240 days within a period of 12 months and, indisputably, therefore, his case falls within section 25B(2) (a)

and he shall be deemed to be in continuous service for a period of one year for the purpose of Chapter VA.”

In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:

"It was the case of the workman that he had worked for more than 240 days in the year concerned. This claim was

denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year

preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be

regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had

worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)

SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere

non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the

workman had worked for 240 days as claimed."

In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the workman to

show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In

M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:

"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial

Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn

erroneously ..”

In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex

Court held that "the initial burden of proof was on the workman to show that he had completed 240 days of service."

In the case of Mohan Lal vs. Management, BEL 1981 SCC P. 225, Hon'ble Apex Court held, "Before a

workman can claim retrenchment, not being in consonance of Section 25 of the ID act. he has to show that he has

been in continuous service of not less than 1 year with the employer who had retrenched him from service."

406

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Now, in view of the provision contained under Section 25 B of I D Act and Law laid down by the Hon'ble Supreme

Court as discussed above, we have to examine whether the retrenchment of Workman by Respondent vide order

dated 6.8.2008 was in contravention of the provision contained under section 25 F. As per provision contained in

Section 25B of the I.D. Act, 1947, the workmen has to prove the fact of continuous service of 240 days in a

calendar year just preceding from the date of termination i.e., 6.8.2008. As claimed by Petitioner the date of

termination in the present case is 6.8.2008. The relevant date of reckoning continuous 240 days of service will be

the date of termination, i.e., 6.8.2008. However, record reveals that Petitioner has not filed any document in evidence

to establish the fact that he had rendered continuous service for a period of 240 days in the Respondent office in a

calendar year just preceding from the date of his termination i.e., 6.8.2008, WW1 has admitted in his cross

examination that the Respondent has not issued any appointment letter for delivery of the telegram. The document

Ex.W17, goes to show that workman had worked for 18 days in the month of April, 2002, worked 22 days in the

month of June 2002, 22 days in the month of July, 2002 and 20 days in the month of August, 2002. Apart from these

documents, Petitioner has filed Ex.W18 which contains photocopies of allotted duty chart of the Petitioner along with

other workmen which pertains to the year 2006 and 2007 only. Whereas, Petitioner has not filed any document in

evidence of the year 2008 in order to establish the fact of continuous service of 240 days in a calendar year just

preceding from the date of his termination, i.e., 6.8.2008. Further, perusal of document Ex.W18 goes to show that

these are alleged duty charts pertains to year 2006 and 2007 and not legible. Petitioner has not filed any documents to

prove that he had worked 240 days continuously in a calendar year just preceding from the date of his termination.

WW1 has not disclosed the source of obtaining this bunch of documents Ex.W18 or whether these documents has

been issued by the authorised authority or obtained from legal sources. However, Respondent has also challenged

genuineness of documents annexed with the Ex.W18 alleging that these are forged documents as the witness MW1

states that these documents are forged documents. However, Petitioner has not rebutted or contradicted this

allegation by producing any cogent evidence.

10. Thus, ongoing documentary and oral evidence on record, I am of the view that Petitioner utterly failed to

establish his claim that he had worked for 240 days continuously in a calendar year just preceding from the date of his

termination i.e., 6.8.2008 and hence, provision of Sec.25F of I.D. Act, 1947 which pertains to legal retrenchment,

do not apply to his case. Thus, for the want of evidence, documents pertaining to attendance sheet, salary slip of the

workman of the year 2008. We are unable to hold that workman has completed 240 days of continuous service in a

calendar year just preceding from the date of his termination i.e., 6.8.2008.

11. Once Petitioner failed to establish and prove his case of legal and valid retrenchment u/s.25F of I.D. Act, 1947,

then the claim of the Petitioner for re-employment in the employment o0f Respondent u/s 25G and 25H is not

tenable.

12. `On the other hand, the Respondent has examined the witness MW1. Since MW1 was not produced for cross

examination, therefore, his evidence can not be read. Respondent has examined MW2 and in the chief statement

MW2 has stated that,

“ I submit that the Respondent engaged the Petitioner for delivery of telegrams occasionally on daily basis and he

was paid Rs.2/- per delivery of each telegram on 3.12.2001. I submit that the Petitioner was neither recruited nor

appointed as telegram messenger in the Respondent organization and there is no privity of contract between the

Petitioner and Respondent and there is no employee employer relationship between the Petitioner and Respondent.

I submit that contentions of the Petitioner that he joined Central Telegraph Office as telegraphic messenger on

27.3.2003 and worked continuously and discharged his duties as Telegraphic messenger with utmost satisfaction of

his superiors is absolutely false as mentioned above. The Respondent engaged the Petitioner for delivery of

telegrams occasionally whenever there is a work. Therefore, the question of this Respondent terminating his services

from 6.8.2008 does not arise. I submit that the Petitioner himself stopped coming to deliver the telegrams without any

intimation to this Respondent.”

Although MW2 was cross examined by the Respondent but nothing has been elicited in his cross examination to

discredit the testimony of this witness. However, the version of MW2 finds support from the oral testimony of

Petitioner witness.

Thus, this Point No.I is answered against the Petitioner.

13. Point No.II:- As per record, admittedly, Petitioner was not issued any appointment letter for employment by

Respondent and Respondent used to take the work from him as and when required. Thus, it is established that

Petitioner had worked as daily wage workman in Respondent organization. Respondent submitted that the Petitioner

was engaged for delivery of telegram, on piece rate wages and no question of terminating the services of the

Petitioner from 6.8.2008 arise. Further, it is submitted that the Petitioner himself stopped delivering telegrams

without intimating Respondent. Respondent submits that the Petitioner was never informed that his services will be

regularised in future, since the Respondent never recruited or appointed him as a Telegraph Messenger and he was

engaged only for delivering the telegram on piece rate basis. Therefore, there was no employer and employee

relationship between the Petitioner and the Respondent. It is admitted fact that Petitioner was engaged for delivery of

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

407

telegrams at piece rate @Rs.2/- per each delivery of the telegram and the Petitioner was never recruited nor

appointed by Respondent in employment under recruitment regulation. Respondent has not issued any appointment

letter to the Petitioner. The Respondent management being instrumentality of the Government, bound by rules and

regulations for recruitment of employees for the organization.

Hon'ble Supreme Court in its recent decision has laid down principles and guidelines for regularization of casual

workman, In the case of ONGC Vs. Krishan Gopal 2020(3) Scale 272,Hon'ble Supreme Court of India have

laid down the principle regarding regularization of the casual workman and have held:-

“23 The following propositions would emerge upon analyzing the above decisions:

(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order

regularisation, where such a direction would in the context of public employment offend the provisions contained in

Article 14 of the Constitution;

(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of

permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not

filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary

or daily wage employees despite their performing the same work as regular workmen on lower wages;

(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are

available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of

service;

(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open

to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make

a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of

Article 14; and

(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the

ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,

with the object of depriving them of the benefits payable to permanent workmen.”

But in the instant matter, Petitioner failed to adduce any evidence that he was appointed by Respondent by following

recruitment procedure or he was working against any sanctioned post in the Respondent management. Petitioner

failed to adduce any evidence on record that the Respondent was indulged in any unfair labour practice by not filling

the permanent post even though such post was available and by calling to employ workman as temporary or daily

wages employees despite performing the same work as regular workman on lower wages. Therefore, for the want of

such plea and evidence, the claim of the Petitioner for regularization in the Respondent service is not acceptable.

Further, in Hari Nandan Prasad v Employer I/R to Management of Food Corporation of India20 (“FCI”),

Hon'ble Supreme Court of India have held:

“34. On a harmonious reading of the two judgments discussed in detail above, we are of the opinion that when there

are posts available, in the absence of any unfair labour practice the Labour Court would not give direction for

regularisation only because a worker has continued as daily- wage worker/ad hoc/temporary worker for number of

years. Further, if there are no posts available, such a direction for regularization would be impermissible. In the

aforesaid circumstances giving of direction to regularise such a person, only on the basis of number of years put in by

such a worker as daily-wager, etc. may amount to back door entry into the service which is an anathema to Article 14

of the Constitution. Further, such a direction would not be given when the worker concerned does not meet the

eligibility requirement of the post in question as per the recruitment rules. However, wherever it is found that

similarly situated workmen are regularised by the employer itself under some scheme or otherwise and the workmen

in question who have approached the Industrial/Labour Court are on a par with them, direction of regularisation in

such cases may be legally justified, otherwise, non-regularisation of the left-over workers itself would amount to

invidious discrimination qua them in such cases and would be violative of Article 14 of the Constitution. Thus, the

industrial adjudicator would be achieving the equality by upholding Article 14, rather than violating this

constitutional provision.”

Therefore, in view of the fore gone discussion and law laid down by the Hon’ble Apex Court as discussed above, the

claim of the Petitioner for regularization is not tenable.

Thus, Point No.II is decided against the Petitioner accordingly.

14.

Point No.III: In view of the finding given at Points No. I & II, the Petitioner is not entitled to any relief

claimed and his petition is found to be baseless, devoid of merit and hence, liable to be dismissed.

Therefore, Point No.III is decided accordingly.

408

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

AWARD

The action of the management of BSNL, Guntur in terminating the services of workman Shri J.S.V.D.

Bhaskar w.e.f. 6.8.2008 is held legal and justified. The workman is not entitled to any relief as prayed for. Petition is

dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 6th day of January, 2025.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri J.S.V.D. Bhaskar

MW1: Sri P. Rami Reddy

MW2: Sri Kota N.V. Prasanna Kumar

Documents marked for the Petitioner

Ex.W1: Photostat copy of authorization lr by Respondent dt.17.6.2008

Ex.W2: Photostat copy of minutes of discussion dt.18.6.2008

Ex.W3: Photostat copy of representation dt.16.7.2008

Ex.W4: Photostat copy of representation dt. 2.9.2008

Ex.W5: Photostat copy of representation dt.2.12..2008

Ex.W6: Photostat copy of Notice from ALC

Ex.W7: Photostat copy of notice from ACL dt.23.1.2009

Ex.W8: Photostat copy of minutes of meeting dt.16.12.2008

Ex.W9: Photostat copy of notices from ACL

Ex.W10: Photostat copy Minutes of discussion dt.4.2.2009

Ex.W11: Photostat copy of minutes of meeting dt.4.2.2009

Ex.W12: Photostat copy of failure report dt.12.2.2009

Ex.W13: Photostat copy of of reference of govt. dt.21.5.2009

Ex.W14: Photostat copy of affidavit by Petitioner dt.6.6.2009

Ex.W15: Photostat copy of inf. With regard to delivery of telegrams

Ex.W16: Photostat copy of inf. With regard to delivery of telegrams

Ex.W17: Photostat copy of cooly charges for delivery of telegrams

Ex.W18:Photostat copy of bunch of papers (1 to 65) of duty charts of work chart, details of messengers etc..

Ex.W19: Photostat copy of cooly charges for delivery of telegrams

Ex.W20: Photostat copy of payment sheet

Ex.W21: Photostat copy of Union resolution

Ex.W22: Photostat copy of strike notice

Ex.W23: Photostat copy of demands of union

Documents marked for the Respondent

NIL

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

409

नई दिल्ली, 27 िनवरी, 2025

का.आ. 142.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार मिाप्रिंिक, िीएसएनएल, िूरसंचार जिला, गुंटूर, के प्रिंितंत्र के संिद्ध जन ोिकों और श्री िाला कोटेश्वर राव,

कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल - िजिरािाि ृंचाट (संिभव

सं्‍ ा LC 21/2009) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के

सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-40012/30/2009-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 142.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 21/2009) of the Central Government Industrial

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

employers in relation to The General Manager ,BSNL, Telecom District, Guntur, and Shri Bala Koteswara Rao,

Worker, which was received along with soft copy of the award by the Central Government on 27.01.2025.

[No. L-40012/30/2009-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: Sri IRFAN QAMAR

Presiding Officer

Dated the 6th day of January, 2025

INDUSTRIAL DISPUTE No. 21/2009

Between:

Sri Bala Koteswara Rao,

S/o K. Sambaiah,

R/o Thokavaripalem, Mallavaram,

Pedapalakaluru Post,

Guntur Rurla, Guntur District.

….. Petitioner

AND

The General Manager,

BSNL, Telecom District,

Guntur.

…. Respondent

Appearances:

For the Petitioner : M/s. G. Vidyasagar, K. Udayasree & P. Sudheer Rao, Advocates

For the Respondent: Sri S. Prabhakar Reddy, Advocate

AWARD

The Government of India, Ministry of Labour by its order No. L-40012/30/2009-IR(DU) dated 21.5.2009

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

the management of BSNL and their workman. The reference is,

410

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

SCHEDULE

“Whether the action of the management of BSNL, Guntur in terminating the services of their workman Shri

K. Bala Koteswara Rao w.e.f. 15.9.2008 is legal and justified? If not, what relief the workman is entitled

to?”

The reference is numbered in this Tribunal as I.D. No. 21/2009 and notices were issued to the parties

concerned.

2. The averments made is the claim statement are as follows:

It is submitted that the Petitioner joined the Central Telegraph Office as Telegraphic Messenger on 1.1.1999. He

worked continuously and discharged his duties as Telearaphic Messenger with utmost satisfaction of his superiors. It

is submitted that there were about 8 Telegraphic Messengers working at Guntur circle and they used to work for more

than 10 hours in different shifts as per the allotment of shifts by the Respondent Management. The Respondent used

to pay Rs.20/- per day for the line works and Rs.1/- for each telegram. Now, the workmen are being paid Rs.40/- per

day and Rs.2/ per each Telegram for delivering telegraphic messages. The Petitioner has to take his own cycle and

deliver the same nook and corner villages. Though, the amount paid to the workmen is meager, they are discharging

duties under the fond hope that their services would be regularized and that they would be paid regular scale of pay.

Since workman worked considerable length of time, they made representations to the Respondent requesting for

regularization of the services and also for regular scale of pay. On the ground that the workmen made representation

for regularization and other benefits, they were informed orally that they need not attend for duties w.e.f.15.9.2008.

Immediately, workman approached the authority requesting to continue the services of the workmen as Telegraphic

Messenger. However, the Respondent has not taken him into service. Therefore, the services were terminated orally

with effect from 06/08/2008 which is wholly illegal arbitrary and unjust. It is submitted that as there was no other

alternative, the BSNL contract casual employees and labour Union, approached the Assistant Commissioner of

Labour(Central) Vijayawada, later the dispute was referred to this Tribunal hence, this ID. It is submitted that

Petitioner worked in the Respondent with the meager salary under the fond hope that his services would be

regularized in future and he will get benefits to which he is entitled to from the date of his appointment. But, till

date, the Respondent has not regularized the services of the Petitioner. When Petitioner along with others formed

Union and made representation with regard to grievances of the workman, the Respondent started victimizing against

the Petitioner and other workmen and ultimately their services were terminated w.e.f.15.9.2008 without assigning any

reasons. It is submitted that after disengaging the services of the workman, the Respondent has engaged other

workmen viz., Sri K. Nagabhushanam Sri Subba Rao, and Sri Goverdhan as Telegraphic Messengers, which is wholly

illegal, arbitrary and contrary to the provisions of the Industrial Dispute Act, 1947. Further the Respondent have

called for tenders for delivery of "C" Telegrammes work and work order has been issued to M/s. Rana Man Power &

Placement Services Private Limited, Guntur, to that effect Petitioner herein filing payment bills vide Bill Dt.

11/03/2010 and 11/04/2010. It is submitted that the workman has worked for more than 4 to 5 years of continuously

without any break, and the workman has completed more than 240 days in a calendar year. Hence, the workman is

entitled to notice, notice pay before termination from the employment. However, the Respondent has not issued any

notice nor any compensation in lieu of notice as per Section 25 of Industrial Disputes Act, 1947. Hence, the

Respondent has violated the Section 25 of Industrial Disputes Act, therefore, the termination is illegal and the

workman is entitled to reinstatement with all consequential benefits. It is further submitted that the Hon'ble Supreme

Court in catena of decisions it is held that the temporary employee cannot be replaced by another temporary

employee. In the given case, all the workmen have been disengaged by engaging fresh workmen as Telegraphic

Messenger, which is nothing but violation of Section 25 (g) and (h) of Industrial Disputes Act. It is submitted that as

per 25 (G) and (H) seniority list of employees has to be prepared and no such seniority list is prepared. It is

submitted that though the workman continuously worked more than 240 days in a calendar year, the Respondent used

to pay the wages for five days in factious names in order to avoid regularization and other benefits, to which the

workman is entitled to. It is submitted that the workman did not secure any employment in any other organization on

the ground that his services would be absorbed in the Respondent organization. By virtue of oral termination, the

workman was deprived of livelihood. It is therefore prayed to declare the action on part of the Respondent in

terminating the services of the Petitioner orally w.e.f.15.9.2008 is illegal, arbitrary and unjust and consequently

directing the Respondent to reinstate the Petitioner into service, with continuity of service, full back wages and other

attendant benefits.

3. Respondent filed counter denying the averments of the Petitioner as under:-

It is further submitted that the BSNL Contract Casual Employees and Labour Union is not having any locus standi to

espouse the cause of Petitioner herein. It is submitted that the Respondent engaged the Petitioner for delivery of

telegrams occasionally on coolie basis and he was paid Rs.2/- per delivery of each telegram vide orders of the General

Manager, Telecom No.A31/ACTTS/MISC2001-02 dated 03.12.2001. The Petitioner was neither recruited nor

appointed as Telegram Messenger in the Respondent organization. There is no privity of contract between the

Petitioner and Respondent. There is no employee employer relationship between the Petitioner and Respondent.

Therefore the Petitioner can not avail the provisions of Industrial Disputes Act, 1947. It is further submitted that, the

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

411

Respondent did not appoint the Petitioner and there is no privity of contract and therefore the question of removing

his services by the Respondent does not arise. It is further submitted that the Hon'ble Apex Court in the case of

Secretary, State of Karnataka Vs Uma Devi (3) reported in 2006 (4) SCC 1 was pleased to held that absorption,

regularization or permanent continuance of temporary, contractual, casual, daily wage or adhoc employee appointed/

recruited dehorns the constitutional scheme or public employment on issuance of directions by court and issuance of

such directions amount to creating another mode of public employment which is not permissible. In the present case

the Respondent engaged the Petitioner only for delivery of telegrams occasionally on coolie basis and he was paid

Rs.2/- for delivery of each telegram and therefore the Petitioner is not having any right to seek employment with the

Respondent. Moreover the Petitioner without intimating to the Respondent stopped coming to deliver the telegrams.

Therefore he can not claim that the Respondent engaged him and terminated his services. Viewed from any angle the

claim of the Petitioner is frivolous and therefore the Petitioner is not entitled for any relief. The contentions of the

Petitioner that he joined Central Telegraph Office as Telegraphic Messenger on 01.01.1999, worked continuously,

discharged his duties as Telegraphic Messenger with utmost satisfaction of his superiors etc., false, baseless and not

tenable and the Petitioner may be put to strict proof of the same. It is submitted that the Respondent engaged the

Petitioner for delivery of telegrams occasionally and in view of the same the allegations mentioned by the Petitioner

are false and untenable. Further, it is submitted that the Petitioner and other personnel engaged by the Respondent for

delivery of telegrams occasionally on coolie basis on payment of Rs.2/- for delivery of each telegram they were

neither recruited nor appointed as telegram messengers in the Respondent organization. Therefore the question of

terminating his services orally w.e.f. 06.08.2008 by the Respondent does not arise. The Petitioner without intimating

to the Respondent stopped coming to deliver the telegrams. The further contention of the Petitioner that the workman

worked considerable length of time, they made representations to the Respondent requesting for regularization of the

services and also for regular pay of scale etc., is untenable. The Petitioner engaged for delivery of telegrams

occasionally on coolie basis by paying Rs.2/-per telegram is not entitled for regularization. The union is not having

any locus standi to represent or espouse the cause of the Petitioner since the Petitioner is not a workman as defined

under Section 2 (s) of the I.D.Act and therefore he can not be represented by the said union. It is submitted that

Respondent never informed the Petitioner that his services will be regularized in future since the Respondent never

recruited or appointed him as Telegram messenger and he was engaged only for delivery of telegrams on piece rate

basis. Therefore when there is no employee employer relationship and Petitioner stopped delivery of messages

without intimation, the question of termination of his services by the Respondent does not arise. It is submitted that a

tender was called for delivery of telegrams and work order has been issued to M/s.Rana Man Power and Placement

Services Private Limited, Guntur since there is no alternative to the Respondent to do the same as the Petitioner and

other similarly situated personnel who were engaged for the purpose of delivery of telegrams stopped delivery of

telegrams without intimation. The other allegations with regard to violation of provisions of I.D.Act etc ., are false

and untenable. The question of violation of Section 25 (G) and (H) of the I.D.Act by the Respondent does not arise.

The contentions of the Petitioner that the junior to him was considered for employment is denied for the reason that

the Petitioner is not an employee of the Respondent. The Petitioner was engaged for delivery of telegram

occasionally on coolie basis and he never continuously engaged for 240 days in a calendar year as employee of the

Respondent. He was not paid either daily or monthly wages. The Respondent never informed the Petitioner that his

services would be absorbed in BSNL Organization. He was never recruited, neither appointed nor was terminated and

hence the question of reinstatement does not arise. In view of the above, the petition be dismissed as devoid of

merits.

4. Heard arguments of Learned Counsels for both the parties as well as perused written arguments.

5. On the basis of rival contentions and pleadings of both the parties, following issues emerge for

determination in the instant matter:-

I.

Whether the action of Respondent Management of BSNL, Guntur in terminating the services of Petitioner Sri K.

Bala Koteswara Rao with effect from 15.9.2008 is legal and justified?

II. Whether the Petitioner is entitled for regularization?

III. Whether the Petitioner is entitled for the relief claimed?

Findings:-

6.

Point No.I:- It is the claim of the Petitioner that he joined the service of the Central Telegraph Office as

telegraphic messenger on 1.1.1999 and he worked for more than 4 to 5 years continuously without any break.

Petitioner submits that he has completed more than 240 days in a calendar year hence, he is entitled to notice, notice

pay before terminating from the employment. However, Respondent did not issue any notice nor paid compensation

in lieu of notice under Section 25F of ID Act and Respondent has terminated Petitioner from service in violation of

the provision contained under section 25 F of ID Act and termination order of Petitioner is illegal and he is entitled

to reinstatement in the service with all consequential benefits. Further, Petitioner submits that Supreme Court in

catena of decisions has held that temporary employee cannot be replaced by another temporary employee. In the

instant matter all the workers have been disengaged by engaging fresh workmen as telegraphic messengers by the

412

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Respondent in violation of section 25G and 25H of I.D. Act, 1947. Thus, Petitioner claims that his termination order

dated 15.9.2008 be set aside and Respondent be directed to reinstate him into service.

7. In support of plea in evidence Petitioner, has filed affidavit of WW1 wherein witness has reiterated the

averments made in the claim statement, WW1 states that his service was terminated orally on15.9.2008 by the

Respondent in contravention of the provision of Section 25 F of the I.D. Act. WW1 was cross examined by the

Respondent counsel and in his cross examination, WW1 states as under:-

“No appointment letter was issued to me for delivery of telegrams. It is not true to suggest that Respondent used to

take work from me as and when required. It is true that as per Ex. W18, I have worked 4 days in the month of March,

2002 and 8 days in the month of May, 2002. It is not correct to say that I have not worked 240 days in any calendar

year. The Witness volunteers that he has worked 360 days in a year without any holidays. I have not given any

complaint to the Labour Department complaining that Respondent is taking our service in the holidays. I have not

given any complaint that though I have worked under the Respondents but instead of my name, others name have

been mentioned in the record. I have not made any complaint to that effect. It is not true to suggest that

management has not appointed me as telegram messenger. Therefore the question of terminating me on 15.9.2008

does not arise.”

From the above statement of WW1 it manifest that workman did not complete 240 days continuous service in the

year 2002. Further, Petitioner was not issued any appointment letter therefore, it is established that he had worked as

a daily wager in the Respondent office.

8. Further, WW1 was cross examined by the Respondent regarding documents, Ex.W24 the bunch of photo copies,

to which Petitioner claims that it pertains to the allotment of duty charts and work chart, details of messengers,

timings of duty hours and payment of bills pertaining to Petitioner for the period from 1.1.99 to till date of

termination i.e.,15.9.2008. WW1 in his cross examination states:-

“ It is true that Ex. W24 pertains to only for the years 2006 and 2007. It is not true to suggest that Ex.W24 dates are

not continuously appearing. I have obtained the Xerox copies of Ex. W24 from one Mr Anand Rao, Attendar in the

year 2007. It is not true to suggest you that I have prepared Ex. W24 and filed before this Court. The Ex.W24

contains the signature of Sr. Assistant and rubber stamp pertains to Sub Divisional Engineer. It is not true to suggest

to that Ex.W24 does not disclose that I have worked for 240 days in the Respondent. It is not true to suggest that I

have fabricated the document Ex.W24 for the purpose of this case.”

It manifest from the above statement of WW1 that he has not filed any document of duty chart and timings of duty

hours and payment of bill pertaining to year 2008 in which he was terminated. These photocopies pertains to the yea

2006 and 2007 only. Now, we proceed to examine the evidence lead by the Petitioner on record in support of his

claim.

9. It is settled law that for taking a plea about retrenchment in violation of provision of Section 25 F of ID Act,

the workman has to establish that he has been in continuous service for not less than one year or 240 days

continuously in service in a calendar year just preceding from the date of his termination, under that employer who

has retrenched him from service.

Before evaluating evidence on record in support of claim of Petitioner, it would be relevant to reproduce here the

provision of Section 25 B of ID Act which defines the term continuous service of Workman, that reads as under:-

Section 25B defines the term continuous service which provides

Definition of continuous service.- For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,

including service which may be interrupted on account of sickness or authorized leave or an accident or a strike

which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six

months, he shall be deemed to be in continuous service under an employer--

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with

reference to which calculation is to be made, has actually worked under the employer for not less than--

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

Further, Hon'ble Supreme Court in its number of decisions has elaborated the concept of continuous service in a

calendar year u/s 25F of I.D. Act as required for valid retrenchment under I.D. Act, 1947 and few decision are

discussed as follows:-

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

413

In the case of Sur Enamel and Stamping works Private Limited Vs. their workmen, referring to Section 25 B,

Hon'ble Supreme Court has defined the term continuous service as under:-

"The position therefore is that during a period of employment for less than 11 calendar months these two persons

worked for more than 240 days. In our opinion that would not satisfy the requirement of section 25B. Before a

workman can be considered to have completed one year of continuous service in an industry it must be shown first

that he was employed for a period of not less than 12 calendar months and, next that during those 12 calendar months

had worked for not less than 240 days. Where, as in the present case, the workmen have not at all been employed for

a period of 12 calendar months it becomes unnecessary to examine whether the actual days of work numbered 240

days or more. For, in any case, the requirements of section 25B would not be satisfied by the mere fact of the number

of working days being not less than 240 days."

In Mohan Lal Vs. Management of M/s. Bharat Electronics, dated 21.4.1981AIR 1981 Supreme Court 1253, the

Hon'ble Supreme Court have held,

It was, however, urged that section 25F is not attracted in this case for an entirely different reason. Mr. Markendaya

contended that before section 25F is invoked, the condition of eligibility for a workman to complain of invalid

retrenchment must be satisfied. According to him unless the workman has put in continuous service for not less than

one year his case would not be governed by section 25F. That is substantially correct because the relevant provision

of section 25F provides as under:

"25F. "No workman employed in any industry who has been in continuous service for not less than one year under an

employer shall be retrenched by that employer until:-

(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period

of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;

Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for

the termination of service;

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent of fifteen days'

average pay (for every completed year of continuous service) or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government (or such authority as may be specified

by the appropriate government by notification in the Official Gazette)."

Reverting to the facts of this case, admittedly the appellant was employed and was on duty from December 8, 1973 to

October 19, 1974 when his service was terminated. The relevant date will be the date of termination of service, i.e.

October 19, 1974 Commencing from that date and counting backwards, admittedly he had rendered service for a

period of 240 days within a period of 12 months and, indisputably, therefore, his case falls within section 25B(2) (a)

and he shall be deemed to be in continuous service for a period of one year for the purpose of Chapter VA.”

In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:

"It was the case of the workman that he had worked for more than 240 days in the year concerned. This claim was

denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year

preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be

regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had

worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)

SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere

non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the

workman had worked for 240 days as claimed."

In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the workman to

show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In

M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:

"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial

Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn

erroneously ..”

In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex

Court held that "the initial burden of proof was on the workman to show that he had completed 240 days of service."

In the case of Mohan Lal vs. Management, BEL 1981 SCC P. 225, Hon'ble Apex Court held, "Before a

workman can claim retrenchment, not being in consonance of Section 25 of the ID act. he has to show that he has

been in continuous service of not less than 1 year with the employer who had retrenched him from service."

414

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Now, in view of the provision contained under Section 25 B of I D Act and Law laid down by the Hon'ble Supreme

Court as discussed above, we have to examine whether the retrenchment of Workman by Respondent vide order

dated15.9.2008 was in contravention of the provision contained under section 25F. As per provision contained in

Section 25 B of the I.D. Act, 1947, the workmen has to prove the fact of continuous service of 240 days in a

calendar year just preceding from the date of termination i.e.,15.9.2008. As claimed by Petitioner the date of

termination in the present case is 15.9.2008. The relevant date of reckoning continuous 240 days of service will be

the date of termination, i.e.,15.9.2008. However, record reveals that Petitioner has not filed any document in

evidence to establish the fact that he had rendered continuous service for a period of 240 days in the Respondent

office in a calendar year just preceding from the date of his termination i.e.,15.9.2008, WW1 has admitted in his

cross examination that the Respondent has not issued any appointment letter for delivery of the telegram. The

document Ex.W18 goes to show that workman had worked 4 days in the month of March, 2002 and 8 days in the

month of May, 2002. Apart from these documents, Petitioner has filed Ex.W24 which contains photocopies of

allotted duty chart of the Petitioner along with other workmen which pertains to the year 2006 and 2007 only.

Whereas, Petitioner has not filed any document in evidence of the year 2008 in order to establish the fact of

continuous service of 240 days in a calendar year just preceding from the date of his termination, i.e.,15.9.2008.

Further, perusal of document Ex.W24 goes to show that these are alleged duty charts pertains to year 2006 and 2007

and not legible. Petitioner has not filed any documents to prove that he had worked 240 days continuously in a

calendar year just preceding from the date of his termination. WW1 has not disclosed the source of obtaining this

bunch of documents Ex.W24 or whether these documents has been issued by the authorised authority or obtained

from legal sources. However, Respondent has also challenged genuineness of documents annexed with the Ex.W24

alleging that these are forged documents as the witness MW1 states that these documents are forged documents.

However, Petitioner has not rebutted or contradicted this allegation by producing any cogent evidence.

10. Thus, ongoing documentary and oral evidence on record, I am of the view that Petitioner utterly failed to

establish his claim that he had worked for 240 days continuously in a calendar year just preceding from the date of his

termination i.e.,15.9.2008 and hence, provision of Sec.25F of I.D. Act, 1947 which pertains to legal retrenchment,

do not apply to his case. Thus, for the want of evidence, documents pertaining to attendance sheet, salary slip of the

workman of the year 2008, we are unable to hold that workman has completed 240 days of continuous service in a

calendar year just preceding from the date of his termination i.e.,15.9.2008.

11. Once Petitioner failed to establish and prove his case of legal and valid retrenchment u/s.25F of I.D. Act, 1947,

then the claim of the Petitioner for re-employment in the employment o0f Respondent u/s 25G and 25H is not

tenable.

12. `On the other hand, the Respondent has examined the witness MW1. Since MW1 was not produced for cross

examination, therefore, his evidence can not be read. Respondent has examined MW2 and in the chief statement

MW2 has stated that,

“ I submit that the Respondent engaged the Petitioner for delivery of telegrams occasionally on daily basis and he

was paid Rs.2/- per delivery of each telegram on 3.12.2001. I submit that the Petitioner was neither recruited nor

appointed as telegram messenger in the Respondent organization and there is no privity of contract between the

Petitioner and Respondent and there is no employee employer relationship between the Petitioner and Respondent.

I submit that contentions of the Petitioner that he joined Central Telegraph Office as telegraphic messenger on

1/1/1999 and worked continuously and discharged his duties as Telegraphic messenger with utmost satisfaction of his

superiors is absolutely false as mentioned above. The Respondent engaged the Petitioner for delivery of telegrams

occasionally whenever there is a work. Therefore, the question of this Respondent terminating his services

from15.9.2008 does not arise. I submit that the Petitioner himself stopped coming to deliver the telegrams without

any intimation to this Respondent.”

Although MW2 was cross examined by the Respondent but nothing has been elicited in his cross examination to

discredit the testimony of this witness. However, the version of MW2 finds support from the oral testimony of

Petitioner witness.

Thus, this Point No.I is answered against the Petitioner.

13. Point No.II:- As per record, admittedly, Petitioner was not issued any appointment letter for employment by

Respondent and Respondent used to take the work from him as and when required. Thus, it is established that

Petitioner had worked as daily wage workman in Respondent organization. Respondent submitted that the Petitioner

was engaged for delivery of telegram, on piece rate wages and no question of terminating the services of the

Petitioner from15.9.2008 arise. Further, it is submitted that the Petitioner himself stopped delivering telegrams

without intimating Respondent. Respondent submits that the Petitioner was never informed that his services will be

regularised in future, since the Respondent never recruited or appointed him as a Telegraph Messenger and he was

engaged only for delivering the telegram on piece rate basis. Therefore, there was no employer and employee

relationship between the Petitioner and the Respondent. It is admitted fact that Petitioner was engaged for delivery of

telegrams at piece rate @Rs.2/- per each delivery of the telegram and the Petitioner was never recruited nor

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

415

appointed by Respondent in employment under recruitment regulation. Respondent has not issued any appointment

letter to the Petitioner. The Respondent management being instrumentality of the Government, bound by rules and

regulations for recruitment of employees for the organization.

Hon'ble Supreme Court in its recent decision has laid down principles and guidelines for regularization of casual

workman, In the case of ONGC Vs. Krishan Gopal 2020(3) Scale 272,Hon'ble Supreme Court of India have

laid down the principle regarding regularization of the casual workman and have held:-

“23 The following propositions would emerge upon analyzing the above decisions:

(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order

regularisation, where such a direction would in the context of public employment offend the provisions contained in

Article 14 of the Constitution;

(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of

permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not

filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary

or daily wage employees despite their performing the same work as regular workmen on lower wages;

(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are

available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of

service;

(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open

to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make

a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of

Article 14; and

(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the

ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,

with the object of depriving them of the benefits payable to permanent workmen.”

But in the instant matter, Petitioner failed to adduce any evidence that he was appointed by Respondent by following

recruitment procedure or he was working against any sanctioned post in the Respondent management. Petitioner

failed to adduce any evidence on record that the Respondent was indulged in any unfair labour practice by not filling

the permanent post even though such post was available and by calling to employ workman as temporary or daily

wages employees despite performing the same work as regular workman on lower wages. Therefore, for the want of

such plea and evidence, the claim of the Petitioner for regularization in the Respondent service is not acceptable.

Further, in Hari Nandan Prasad v Employer I/R to Management of Food Corporation of India20 (“FCI”),

Hon'ble Supreme Court of India have held:

“34. On a harmonious reading of the two judgments discussed in detail above, we are of the opinion that when there

are posts available, in the absence of any unfair labour practice the Labour Court would not give direction for

regularisation only because a worker has continued as daily- wage worker/ad hoc/temporary worker for number of

years. Further, if there are no posts available, such a direction for regularization would be impermissible. In the

aforesaid circumstances giving of direction to regularise such a person, only on the basis of number of years put in by

such a worker as daily-wager, etc. may amount to back door entry into the service which is an anathema to Article 14

of the Constitution. Further, such a direction would not be given when the worker concerned does not meet the

eligibility requirement of the post in question as per the recruitment rules. However, wherever it is found that

similarly situated workmen are regularised by the employer itself under some scheme or otherwise and the workmen

in question who have approached the Industrial/Labour Court are on a par with them, direction of regularisation in

such cases may be legally justified, otherwise, non-regularisation of the left-over workers itself would amount to

invidious discrimination qua them in such cases and would be violative of Article 14 of the Constitution. Thus, the

industrial adjudicator would be achieving the equality by upholding Article 14, rather than violating this

constitutional provision.”

Therefore, in view of the fore gone discussion and law laid down by the Hon’ble Apex Court as discussed above, the

claim of the Petitioner for regularization is not tenable.

Thus, Point No.II is decided against the Petitioner accordingly.

14.

Point No.III: In view of the finding given at Points No. I & II, the Petitioner is not entitled to any relief

claimed and his petition is found to be baseless, devoid of merit and hence, liable to be dismissed.

Therefore, Point No.III is decided accordingly.

AWARD

The action of the management of BSNL, Guntur in terminating the services of workman Shri K. Bala

Koteswara Rao w.e.f.15.9.2008 is held legal and justified. The workman is not entitled to any relief as prayed for.

Petition is dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 6th day of January, 2025.

IRFAN QAMAR, Presiding Officer

416

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri K. Bala Koteswara Rao

MW1: Sri P. Rami Reddy

MW2: Sri Kota N.V. Prasanna Kumar

Documents marked for the Petitioner

Ex.W1: Photostat copy of minutes of meeting dt.6.10.2008

Ex.W2: Photostat copy of authorization lr by Respondent dt.17.6.2008

Ex.W3: Photostat copy of minutes of discussion dt.18.6.2008

Ex.W4: Photostat copy of representation dt.16.7.2008

Ex.W5: Photostat copy of representation of Petitioner 4.11.2008

Ex.W6: Photostat copy of notice from ACL dt.7.11.2008

Ex.W7: Photostat copy of representation dt.2.12.2008

Ex.W8: Photostat copy of notice from ACL

Ex.W9: Photostat copy of minutes of meeting dt.16.12.2008

Ex.W10: Photostat copy of no0tice f rom ACL

Ex.W11: Photostat copy of Minutes of discussion before ALC(C)

Ex.W12: Photostat copy of internal office order

Ex.W13: Photostat copy of failure report dt.12.2.2009

Ex.W14: Photostat copy of reference of govt. dt.21.5.2009

Ex.W15: Photostat copy of affidavit by Petitioner

Ex.W16: Photostat copy of information with regard to delivery of telegrams

Ex.W17: Photostat copy of information with regard to delivery of telegrams

Ex.W18: Photostat copy of cooly charges for delivery of telegrams

Ex.W19: Photostat copy of cooly charges for delivery of telegrams

Ex.W20: Photostat copy of cooly charges for delivery of telegrams

Ex.W21: Photostat copy of cooly charges for delivery of telegrams

Ex.W22: Photostat copy of strike notice

Ex.W23: Photostat copy of demands of union

Ex.W24: Photostat copies of bunch of papers (1 to 65) for allotment of duty charts of work chart, details of

messengers, timings etc. of Petitioner from 1.1.99 to till date

Documents marked for the Respondent

NIL

नई दिल्ली, 27 िनवरी, 2025

का.आ. 143.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार मिाप्रिंिक, िीएसएनएल, िूरसंचार जिला, गुंटूर, के प्रिंितंत्र के संिद्ध जन ोिकों और श्री मोिम्मि ज़िीर,

कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल - िजिरािाि ृंचाट (संिभव

सं्‍ ा LC 20/2009) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के

सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-40012/34/2009-आईआर (डी ू)]

दिलीृ कुमार, अवर सजचव

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

417

New Delhi, the 27th January, 2025

S.O. 143.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 20/2009) of the Central Government Industrial

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

employers in relation to The General Manager, BSNL, Telecom District, Guntur, and Shri Md. Zaheer, Worker,

which was received along with soft copy of the award by the Central Government on 27.01.2025.

[No. L-40012/34/2009-IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: Sri IRFAN QAMAR

Presiding Officer

Dated the 2nd day of January, 2025

INDUSTRIAL DISPUTE No. 20/2009

Between:

Shri Md. Zaheer,

S/o Shri Aabdul Sattar,

D.No.15-3-90, 2nd Lane,

Isrealpet, Guntur A.P.

….. Petitioner

AND

The General Manager,

BSNL, Telecom District,

Guntur.

…. Respondent

Appearances:

For the Petitioner : M/s. G. Vidyasagar, K. Udayasree & P. Sudheer Rao, Advocates

For the Respondent: Sri S. Prabhakar Reddy, Advocate

AWARD

Government of India, Ministry of Labour by its order No. L-40012/34/2009-IR(DU) dated 21.5.2009

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

the management of BSNL and their workman. The reference is,

THE SCHEDULE

“Whether the action of the management of BSNL, Guntur in terminating the services of their workman Shri

Md. Zaheer w.e.f. 6.8.2008 is legal and justified? If not, what relief the workman is entitled to?”

The reference is numbered in this Tribunal as I.D. No. 20/2009 and notices were issued to the parties

concerned.

2. The averments made is the claim statement are as follows:

It is submitted that the Petitioner joined the Central Telegraph Office as Telegraphic Messenger on 1.1.1999. He

worked continuously and discharged his duties as Telearaphic Messenger with utmost satisfaction of his superiors. It

is submitted that there were about 8 Telegraphic Messengers working at Guntur circle and they used to work for more

than 10 hours in different shifts as per the allotment of shifts by the Respondent Management. The Respondent used

to pay Rs.20/- per day for the line works and Rs.1/- for each telegram. Now, the workmen are being paid Rs.40/- per

day and Rs.2/ per each Telegram for delivering telegraphic messages. The Petitioner has to take his own cycle and

deliver the same nook and corner villages. Though, the amount paid to the workmen is meager, they are discharging

duties under the fond hope that their services would be regularized and that they would be paid regular scale of pay.

Since workman worked considerable length of time, they made representations to the Respondent requesting for

regularization of the services and also for regular scale of pay. On the ground that the workmen made representation

418

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[PART II—SEC. 3(ii)]

for regularization and other benefits, they were informed orally that they need not attend for duties w.e.f. 6.8.2008.

Immediately, workman approached the authority requesting to continue the services of the workmen as Telegraphic

Messenger. However, the Respondent has not taken him into service. Therefore, the services were terminated orally

with effect from 06/08/2008 which is wholly illegal arbitrary and unjust. It is submitted that as there was no other

alternative, the BSNL contract casual employees and labour Union, approached the Assistant Commissioner of

Labour(Central) Vijayawada, later the dispute was referred to this Tribunal hence, this ID. It is submitted that

Petitioner worked in the Respondent with the meager salary under the fond hope that his services would be

regularized in future and he will get benefits to which he is entitled to from the date of his appointment. But, till

date, the Respondent has not regularized the services of the Petitioner. When Petitioner along with others formed

Union and made representation with regard to grievances of the workman, the Respondent started victimizing against

the Petitioner and other workmen and ultimately their services were terminated w.e.f. 6.8.2008 without assigning any

reasons. It is submitted that after disengaging the services of the workman, the Respondent has engaged other

workmen viz., Sri K. Nagabhushanam Sri Subba Rao, and Sri Goverdhan as Telegraphic Messengers, which is wholly

illegal, arbitrary and contrary to the provisions of the Industrial Dispute Act, 1947. Further the Respondent have

called for tenders for delivery of "C" Telegrammes work and work order has been issued to M/s. Rana Man Power &

Placement Services Private Limited, Guntur, to that effect Petitioner herein filing payment bills vide Bill Dt.

11/03/2010 and 11/04/2010. before this Hon'ble Court for adjudicate the issue. It is submitted that the workman has

worked for more than 4 to 5 years of continuously without any break, and the workman has completed more than 240

days in a calendar year. Hence, the workman is entitled to notice, notice pay before termination from the

employment. However, the Respondent has not issued any notice nor any compensation in lieu of notice as per

Section 25 of Industrial Disputes Act, 1947. Hence, the Respondent has violated the Section 25 of Industrial Disputes

Act, therefore, the termination is illegal and the workman is entitled to reinstatement with all consequential benefits.

It is further submitted that the Hon'ble Supreme Court in catena of decisions it is held that the temporary employee

cannot be replaced by another temporary employee. In the given case, all the workmen have been disengaged by

engaging fresh workmen as Telegraphic Messenger, which is nothing but violation of Section 25 (g) and (h) of

Industrial Disputes Act. It is submitted that as per 25 (G) and (H) seniority list of employees has to be prepared and

no such seniority list is prepared. It is submitted that though the workman continuously worked more than 240 days

in a calendar year, the Respondent used to pay the wages for five days in factious names in order to avoid

regularization and other benefits, to which the workman is entitled to. It is submitted that the workman did not

secure any employment in any other organization on the ground that his services would be absorbed in the

Respondent organization. By virtue of oral termination, the workman was deprived of livelihood. It is therefore

prayed to declare the action on part of the Respondent in terminating the services of the Petitioner orally w.e.f.

6.8.2008 is illegal, arbitrary and unjust and consequently directing the Respondent to reinstate the Petitioner into

service, with continuity of service, full back wages and other attendant benefits.

3. Respondent filed counter denying the averments of the Petitioner as under:-

It is further submitted that the BSNL Contract Casual Employees and Labour Union is not having any locus standi to

espouse the cause of Petitioner herein. It is submitted that the Respondent engaged the Petitioner for delivery of

telegrams occasionally on coolie basis and he was paid Rs.2/- per delivery of each telegram vide orders of the General

Manager, Telecom No.A31/ACTTS/MISC2001-02 dated 03.12.2001. The Petitioner was neither recruited nor

appointed as Telegram Messenger in the Respondent organization. There is no privity of contract between the

Petitioner and Respondent. There is no employee employer relationship between the Petitioner and Respondent.

Therefore the Petitioner can not avail the provisions of Industrial Disputes Act, 1947. It is further submitted that, the

Respondent did not appoint the Petitioner and there is no privity of contract and therefore the question of removing

his services by the Respondent does not arise. It is further submitted that the Hon'ble Apex Court in the case of

Secretary, State of Karnataka Vs Uma Devi (3) reported in 2006 (4) SCC 1 was pleased to held that absorption,

regularization or permanent continuance of temporary, contractual, casual, daily wage or adhoc employee appointed/

recruited dehorns the constitutional scheme or public employment on issuance of directions by court and issuance of

such directions amount to creating another mode of public employment which is not permissible. In the present case

the Respondent engaged the Petitioner only for delivery of telegrams occasionally on coolie basis and he was paid

Rs.2/- for delivery of each telegram and therefore the Petitioner is not having any right to seek employment with the

Respondent. Moreover the Petitioner without intimating to the Respondent stopped coming to deliver the telegrams.

Therefore he can not claim that the Respondent engaged him and terminated his services. Viewed from any angle the

claim of the Petitioner is frivolous and therefore the Petitioner is not entitled for any relief. The contentions of the

Petitioner that he joined Central Telegraph Office as Telegraphic Messenger on 01.01.1999, worked continuously,

discharged his duties as Telegraphic Messenger with utmost satisfaction of his superiors etc., false, basseless and not

tenable and the Petitioner may be put to strict proof of the same. It is submitted that the Respondent engaged the

Petitioner for delivery of telegrams occasionally and in view of the same the allegations mentioned by the Petitioner

are false and untenable. Further, it is submitted that the Petitioner and other personnel engaged by the Respondent for

delivery of telegrams occasionally on coolie basis on payment of Rs.2/- for delivery of each telegram they were

neither recruited nor appointed as telegram messengers in the Respondent organization. Therefore the question of

terminating his services orally w.e.f. 06.08.2008 by the Respondent does not arise. The Petitioner without intimating

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

419

to the Respondent stopped coming to deliver the telegrams. The further contention of the Petitioner that the workman

worked considerable length of time, they made representations to the Respondent requesting for regularization of the

services and also for regular pay of scale etc., is untenable. The Petitioner engaged for delivery of telegrams

occasionally on coolie basis by paying Rs.2/ per telegram is not entitled for regularization. The union is not having

any locus standi to represent or espouse the cause of the Petitioner since the Petitioner is not a workman as defined

under Section 2 (s) of the I.D.Act and therefore he can not be represented by the said union. It is submitted that

Respondent never informed the Petitioner that his services will be regularized in future since the Respondent never

recruited or appointed him as Telegram messenger and he was engaged only for delivery of telegrams on piece rate

basis. Therefore when there is no employee employer relationship and Petitioner stopped delivery of messages

without intimation, the question of termination of his services by the Respondent does not arise. It is submitted that a

tender was called for delivery of telegrams and work order has been issued to M/s.Rana Man Power and Placement

Services Private Limited, Guntur since there is no alternative to the Respondent to do the same as the Petitioner and

other similarly situated personnel who were engaged for the purpose of delivery of telegrams stopped delivery of

telegrams without intimation. The other allegations with regard to violation of provisions of I.D.Act etc ., are false

and untenable. The question of violation of Section 25 (G) and (H) of the I.D.Act by the Respondent does not arise.

The contentions of the Petitioner that the junior to him was considered for employment is denied for the reason that

the Petitioner is not an employee of the Respondent. The Petitioner was engaged for delivery of telegram

occasionally on coolie basis and he never continuously engaged for 240 days in a calendar year as employee of the

Respondent. He was not paid either daily or monthly wages. The Respondent never informed the Petitioner that his

services would be absorbed in BSNL Organization. He was never recruited, neither appointed nor was terminated and

hence the question of reinstatement does not arise. In view of the above, the petition be dismissed as devoid of

merits.

4. Heard arguments of Learned Counsels for both the parties as well as perused written arguments.

5. On the basis of rival contentions and pleadings of both the parties, following issues emerge for

determination in the instant matter:-

I.

Whether the action of Respondent Management of BSNL, Guntur in terminating the services of Petitioner Sri

Md. Zaheer with effect from 6.8.2008 is legal and justified?

II. Whether the Petitioner is entitled for regularization?

III. Whether the Petitioner is entitled for the relief claimed?

Findings:-

6. Point No.I:- It is the claim of the Petitioner that he joined the service of the Central Telegraph Office as

telegraphic messenger on 1.1.1999 and he worked for more than 4 to 5 years continuously without any break.

Petitioner submits that he has completed more than 240 days in a calendar year hence, he is entitled to notice, notice

pay before terminating from the employment. However, Respondent did not issue any notice nor paid compensation

in lieu of notice under Section 25F of ID Act and Respondent has terminated Petitioner from service in violation of

the provision contained under section 25 F of ID Act and termination order of Petitioner is illegal and he is entitled

to reinstatement in the service with all consequential benefits. Further, Petitioner submits that Supreme Court in

catena of decisions has held that temporary employee cannot be replaced by another temporary employee. In the

instant matter all the workers have been disengaged by engaging fresh workmen as telegraphic messengers by the

Respondent in violation of section 25G and H of I.D. Act, 1947. Thus, Petitioner claims that his termination order

dated 6.8.2008 be set aside and Respondent be directed to reinstate him into service.

7. In support of plea in evidence Petitioner, has filed affidavit of WW1 wherein witness has reiterated the

averments made in the claim statement, WW1 states that his service was terminated orally on 6.8.2008 by the

Respondent in contravention of the provision of Section 25 F of the I.D. Act. WW1 was cross examined by the

Respondent counsel and in his cross examination, WW1 states as under:-

“No appointment letter was issued to me for delivery of telegrams. It is not true to suggest that Respondent used to

take work from me as and when required. It is true that as per Ex.W14 and W15, I have worked 19 days in the month

of May 2002. Likewise, as per Exhibit W 17, I have worked 9 days in the month of June 2002. It is not correct to

say that I have not worked 240 days in any calendar year. The Witness volunteers that he has worked 360 days in a

year without any holidays. I have not given any complaint to the Labour Department complaining that Respondent is

taking our service in the holidays. I have not given any complaint that though I have worked under the Respondents

but instead of my name, others name have been mentioned in the record. I have not made any complaint to that

effect. It is not true to suggest that management has not appointed me as telegram messenger. Therefore the

question of terminating me on 6/8/2008 does not arise.”

From the above statement of WW1 it manifest that workman did not complete 240 days continuous service in the

year 2002. Further, Petitioner was not issued any appointment letter therefore, it is established that he had worked as

a daily wager in the Respondent office.

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[PART II—SEC. 3(ii)]

8. Further, WW1 was cross examined by the Respondent regarding documents, Ex.W24 the bunch of photo copies,

to which Petitioner claims that it pertains to the allotment of duty charts and work chart, details of messengers,

timings of duty hours and payment of bills pertaining to Petitioner for the period from 1.1.99 to till date of

termination i.e., 6.8.2008. WW1 in his cross examination states:-

“ It is true that Ex. W24 pertains to only for the years 2006 and 2007. It is not true to suggest that Ex.W24 dates are

not continuously appearing. I have obtained the Xerox copies of Ex. W24 from one Mr Anand Rao, Attendar in the

year 2007. It is not true to suggest you that I have prepared Ex. W24 and filed before this Court. The Ex.W24

contains the signature of Sr. Assistant and rubber stamp pertains to Sub Divisional Engineer. It is not true to suggest

to that Ex.W24 does not disclose that I have worked for 240 days in the Respondent. It is not true to suggest that I

have fabricated the document Ex.W24 for the purpose of this case.”

It manifest from the above statement of WW1 that he has not filed any document of duty chart and timings of duty

hours and payment of bill pertaining to year 2008 in which he was terminated. These photocopies pertains to the yea

200 and 2007 only. Now, we proceed to examine the evidence lead by the Petitioner on record in support of his

claim.

9. It is settled law that for taking a plea about retrenchment in violation of provision of Section 25 F of ID Act,

the workman has to establish that he has been in continuous service for not less than one year or 240 days

continuously in service in a calendar year just preceding from the date of his termination, under that employer who

has retrenched him from service.

Before evaluating evidence on record in support of claim of Petitioner, it would be relevant to reproduce here the

provision of Section 25 B of ID Act which defines the term continuous service of Workman, that reads as under:-

Section 25B defines the term continuous service which provides

Definition of continuous service.- For the purposes of this Chapter,--

(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,

including service which may be interrupted on account of sickness or authorized leave or an accident or a strike

which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman;

(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six

months, he shall be deemed to be in continuous service under an employer--

(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with

reference to which calculation is to be made, has actually worked under the employer for not less than--

(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and

(ii) two hundred and forty days, in any other case;

Further, Hon'ble Supreme Court in its number of decisions has elaborated the concept of continuous service in a

calendar year u/s 25F of I.D. Act as required for valid retrenchment under I.D. Act, 1947 and few decision are

discussed as follows:-

In the case of Sur Enamel and Stamping works Private Limited Vs. their workmen, referring to Section 25 B,

Hon'ble Supreme Court has defined the term continuous service as under:-

"The position therefore is that during a period of employment for less than 11 calendar months these two persons

worked for more than 240 days. In our opinion that would not satisfy the requirement of section 25B. Before a

workman can be considered to have completed one year of continuous service in an industry it must be shown first

that he was employed for a period of not less than 12 calendar months and, next that during those 12 calendar months

had worked for not less than 240 days. Where, as in the present case, the workmen have not at all been employed for

a period of 12 calendar months it becomes unnecessary to examine whether the actual days of work numbered 240

days or more. For, in any case, the requirements of section 25B would not be satisfied by the mere fact of the number

of working days being not less than 240 days."

In Mohan Lal Vs. Management of M/s. Bharat Electronics, dated 21.4.1981AIR 1981 Supreme Court 1253, the

Hon'ble Supreme Court have held,

It was, however, urged that section 25F is not attracted in this case for an entirely different reason. Mr. Markendaya

contended that before section 25F is invoked, the condition of eligibility for a workman to complain of invalid

retrenchment must be satisfied. According to him unless the workman has put in continuous service for not less than

one year his case would not be governed by section 25F. That is substantially correct because the relevant provision

of section 25F provides as under:

"25F. "No workman employed in any industry who has been in continuous service for not less than one year under an

employer shall be retrenched by that employer until:-

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

421

(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period

of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;

Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for

the termination of service;

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent of fifteen days'

average pay (for every completed year of continuous service) or any part thereof in excess of six months; and

(c) notice in the prescribed manner is served on the appropriate Government (or such authority as may be specified

by the appropriate government by notification in the Official Gazette)."

Reverting to the facts of this case, admittedly the appellant was employed and was on duty from December 8, 1973 to

October 19, 1974 when his service was terminated. The relevant date will be the date of termination of service, i.e.

October 19, 1974 Commencing from that date and counting backwards, admittedly he had rendered service for a

period of 240 days within a period of 12 months and, indisputably, therefore, his case falls within section 25B(2) (a)

and he shall be deemed to be in continuous service for a period of one year for the purpose of Chapter VA.”

In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:

"It was the case of the workman that he had worked for more than 240 days in the year concerned. This claim was

denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year

preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be

regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had

worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)

SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere

non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the

workman had worked for 240 days as claimed."

In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the workman to

show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In

M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:

"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial

Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn

erroneously ..”

In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex

Court held that "the initial burden of proof was on the workman to show that he had completed 240 days of service."

In the case of Mohan Lal vs. Management, BEL 1981 SCC P. 225, Hon'ble Apex Court held, "Before a workman

can claim retrenchment, not being in consonance of Section 25 of the ID act. he has to show that he has been in

continuous service of not less than 1 year with the employer who had retrenched him from service."

Now, in view of the provision contained under Section 25 B of I D Act and Law laid down by the Hon'ble Supreme

Court as discussed above, we have to examine whether the retrenchment of Workman by Respondent vide order

dated 6.8.2008 was in contravention of the provision contained under section 25 F. As per provision contained in

Section 25B of the I.D. Act, 1947, the workmen has to prove the fact of continuous service of 240 days in a

calendar year just preceding from the date of termination i.e., 6.8.2008. As claimed by Petitioner the date of

termination in the present case is 6.8.2008. The relevant date of reckoning continuous 240 days of service will be

the date of termination, i.e., 6.8.2008. However, record reveals that Petitioner has not filed any document in evidence

to establish the fact that he had rendered continuous service for a period of 240 days in the Respondent office in a

calendar year just preceding from the date of his termination i.e., 6.8.2008, WW1 has admitted in his cross

examination that the Respondent has not issued any appointment letter for delivery of the telegram. The documents

Ex.W14 and 15, goes to show that workman had worked for 19 days in the month of May 2002 and have worked 9

days in the month of June 2002. Apart from these documents, Petitioner has filed Ex.W24 which contains

photocopies of allotted duty chart of the Petitioner along with other workmen which pertains to the year 2006 and

2007 only. Whereas, Petitioner has not filed any document in evidence of the year 2008 in order to establish the

fact of continuous service of 240 days in a calendar year just preceding from the date of his termination, i.e., 6.8.2008.

Further, perusal of document Ex.W24 goes to show that these are alleged duty charts pertains to year 2006 and 2007

and not legible. Petitioner has not filed any documents to prove that he had worked 240 days continuously in a

calendar year just preceding from the date of his termination. WW1 has not disclosed the source of obtaining this

bunch of documents Ex.W24 or whether these documents has been issued by the authorised authority or obtained

from legal sources. However, Respondent has also challenged genuineness of documents annexed with the Ex.W24

alleging that these are forged documents as the witness MW1 states that these documents are forged documents.

However, Petitioner has not rebutted or contradicted this allegation by producing any cogent evidence.

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[PART II—SEC. 3(ii)]

10. Thus, ongoing documentary and oral evidence on record, I am of the view that Petitioner utterly failed to

establish his claim that he had worked for 240 days continuously in a calendar year just preceding from the date of his

termination i.e., 6.8.2008 and hence, provision of Sec.25F of I.D. Act, 1947 which pertains to legal retrenchment,

do not apply to his case. Thus, for the want of evidence, documents pertaining to attendance sheet, salary slip of the

workman of the year 2008. We are unable to hold that workman has completed 240 days of continuous service in a

calendar year just preceding from the date of his termination i.e., 6.8.2008.

11. Once Petitioner failed to establish and prove his case of legal and valid retrenchment u/s.25F of I.D. Act, 1947,

then the claim of the Petitioner for re-employment in the employment o0f Respondent u/s 25G and 25H is not

tenable.

12. `On the other hand, the Respondent has examined the witness MW1. Since MW1 was not produced for cross

examination, therefore, his evidence can not be read. Respondent has examined MW2 and in the chief statement

MW2 has stated that,

“ I submit that the Respondent engaged the Petitioner for delivery of telegrams occasionally on daily basis and he

was paid Rs.2/- per delivery of each telegram on 3.12. 2001. I submit that the Petitioner was neither recruited nor

appointed as telegram messenger in the Respondent organization and there is no privity of contract between the

Petitioner and Respondent and there is no employee employer relationship between the Petitioner and Respondent.

I submit that contentions of the Petitioner that he joined Central Telegraph Office as telegraphic messenger on

1/1/1999 and worked continuously and discharged his duties as Telegraphic messenger with utmost satisfaction of his

superiors is absolutely false as mentioned above. The Respondent engaged the Petitioner for delivery of telegrams

occasionally whenever there is a work. Therefore, the question of this Respondent terminating his services from

6.8.2008 does not arise. I submit that the Petitioner himself stopped coming to deliver the telegrams without any

intimation to this Respondent.”

Although MW2 was cross examined by the Respondent but nothing has been elicited in his cross examination to

discredit the testimony of this witness. However, the version of MW2 finds support from the oral testimony of

Petitioner witness.

Thus, this Point No.I is answered against the Petitioner.

13. Point No.II:- As per record, admittedly, Petitioner was not issued any appointment letter for employment by

Respondent and Respondent used to take the work from him as and when required. Thus, it is established that

Petitioner had worked as daily wage workman in Respondent organization. Respondent submitted that the Petitioner

was engaged for delivery of telegram, on piece rate wages and no question of terminating the services of the

Petitioner from 6.8.2008 arise. Further, it is submitted that the Petitioner himself stopped delivering telegrams

without intimating Respondent. Respondent submits that the Petitioner was never informed that his services will be

regularised in future, since the Respondent never recruited or appointed him as a Telegraph Messenger and he was

engaged only for delivering the telegram on piece rate basis. Therefore, there was no employer and employee

relationship between the Petitioner and the Respondent. It is admitted fact that Petitioner was engaged for delivery of

telegrams at piece rate @Rs.2/- per each delivery of the telegram and the Petitioner was never recruited nor

appointed by Respondent in employment under recruitment regulation. Respondent has not issued any appointment

letter to the Petitioner. The Respondent management being instrumentality of the Government, bound by rules and

regulations for recruitment of employees for the organization.

Hon'ble Supreme Court in its recent decision has laid down principles and guidelines for regularization of casual

workman, In the case of ONGC Vs. Krishan Gopal 2020(3) Scale 272,Hon'ble Supreme Court of India have

laid down the principle regarding regularization of the casual workman and have held:-

“23 The following propositions would emerge upon analyzing the above decisions:

(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order

regularisation, where such a direction would in the context of public employment offend the provisions contained in

Article 14 of the Constitution;

(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of

permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not

filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary

or daily wage employees despite their performing the same work as regular workmen on lower wages;

(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are

available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of

service;

(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open

to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

423

a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of

Article 14; and

(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the

ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,

with the object of depriving them of the benefits payable to permanent workmen.”

But in the instant matter, Petitioner failed to adduce any evidence that he was appointed by Respondent by following

recruitment procedure or he was working against any sanctioned post in the Respondent management. Petitioner

failed to adduce any evidence on record that the Respondent was indulged in any unfair labour practice by not filling

the permanent post even though such post was available and by calling to employ workman as temporary or daily

wages employees despite performing the same work as regular workman on lower wages. Therefore, for the want of

such plea and evidence, the claim of the Petitioner for regularization in the Respondent service is not acceptable.

Further, in Hari Nandan Prasad v Employer I/R to Management of Food Corporation of India20 (“FCI”),

Hon'ble Supreme Court of India have held:

“34. On a harmonious reading of the two judgments discussed in detail above, we are of the opinion that when there

are posts available, in the absence of any unfair labour practice the Labour Court would not give direction for

regularisation only because a worker has continued as daily- wage worker/ad hoc/temporary worker for number of

years. Further, if there are no posts available, such a direction for regularization would be impermissible. In the

aforesaid circumstances giving of direction to regularise such a person, only on the basis of number of years put in by

such a worker as daily-wager, etc. may amount to back door entry into the service which is an anathema to Article 14

of the Constitution. Further, such a direction would not be given when the worker concerned does not meet the

eligibility requirement of the post in question as per the recruitment rules. However, wherever it is found that

similarly situated workmen are regularised by the employer itself under some scheme or otherwise and the workmen

in question who have approached the Industrial/Labour Court are on a par with them, direction of regularisation in

such cases may be legally justified, otherwise, non-regularisation of the left-over workers itself would amount to

invidious discrimination qua them in such cases and would be violative of Article 14 of the Constitution. Thus, the

industrial adjudicator would be achieving the equality by upholding Article 14, rather than violating this

constitutional provision.”

Therefore, in view of the fore gone discussion and law laid down by the Hon’ble Apex Court as discussed above, the

claim of the Petitioner for regularization is not tenable.

Thus, Point No.II is decided against the Petitioner accordingly.

14.

Point No.III: In view of the finding given at Points No. I & II, the Petitioner is not entitled to any relief

claimed and his petition is found to be baseless, devoid of merit and hence, liable to be dismissed.

Therefore, Point No.III is decided accordingly.

AWARD

The action of the management of BSNL, Guntur in terminating the services of workman Shri Md. Zaheer

w.e.f. 6.8.2008 is held legal and justified. The workman is not entitled to any relief as prayed for. Petition is

dismissed. Reference is answered accordingly.

Award is passed accordingly. Transmit.

Dictated to Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed by me on this

the 2nd day of January, 2025.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

WW1: Sri Md. Zaheer

MW1: Sri P. Rami Reddy

MW2: Sri Kota N.V. Prasanna Kumar

Documents marked for the Petitioner

Ex.W1: Photostat copy of authorization lr by Respondent dt.17.6.2008

Ex.W2: Photostat copy of minutes of discussion dt.18.6.2008

Ex.W3: Photostat copy of representation dt.16.7.2008

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[PART II—SEC. 3(ii)]

Ex.W4: Photostat copy of minutes of meeting dt.6.10.2008

Ex.W5: Photostat copy of notice from ACL dt.7.11.2008

Ex.W6: Photostat copy of minutes of meeting dt.16.12.2008

Ex.W7: Photostat copy of notice from ACL dt.23.1.2009

Ex.W8: Photostat copy of minutes of discussion dt.4.2.2009

Ex.W9: Photostat copy of failure report dt.12.2.2009

Ex.W10: Photostat copy of reference of govt. dt.21.5.2009

Ex.W11: Photostat copy of affidavit by Petitioner dt.6.6.2009

Ex.W12: Photostat copy of information reg. delivery of telgramme dt.11.3.2010

Ex.W13: Photostat copy of reg. bill payment to delivery of telegrammedt.7.4.2010

Ex.W14: Photostat copy of cooly charges for delivery of telegrams from 1.5.02 to 10.5.02

Ex.W15: Photostat copy of cooly charges for delivery of telegrams from21.5.202 to 31.5.02

Ex.W16: Photostat copy of cooly charges for delivery of telegrams from1.6.02 to 10.6.02

Ex.W17: Photostat copy of cooly charges for delivery of telegrams from 11.6.02 to 20.6.02

Ex.W18: Photostat copy of cooly charges for delivery of telegrams

Ex.W19: Photostat copy of cooly charges for delivery of telegrams

Ex.W20: Photostat copy of cooly charges for delivery of telegrams

Ex.W21: Photostat copy of Union resolution

Ex.W22: Photostat copy of strike notice

Ex.W23: Photostat copy of demands of union

Ex.W24:Photostat copies of bunch of papers (1 to 65) for allotment of duty charts of work chart, details of

messengers, timings etc. of Petitioner from 1.1.99 to till date

Documents marked for the Respondent

NIL

नई दिल्ली, 27 िनवरी, 2025

का.आ. 144.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

–

सि

–

Je U;k;ky;] ििलृुर ds iapkV (एलसी-55/2013+) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 09@01@2025 dks izkIr gqvk FkkA

[सं. ,y-22012/264/2012-vkbZ vkj (सीएम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 27th January, 2025

S.O. 144.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Reference. LC/55/2013) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the

Management of W.C.L, and their workmen, received by the Central Government on 09/01/2025.

[No. L-22012/264/2012-IR(CM-II]

MANIKANDAN. N, Dy. Director

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

425

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/55/2013

Present: P.K.Srivastava

H.J.S..(Retd)

Zonal Mahamantri,

Coal Mines, Engg. Works Association,

Ward No. 10, Gude PO,

Distt. Palachorai, Chhindwara

Workman

Vs

Chief General Manager,

Western Coalfield Limited,

Kanhan region, PO Dungria,

Chhindwara

Management

(JUDGMENT)

(Passed on this 2nd day of January-2025)

As per letter dated 05/03/2013 by the Government of India, Ministry of Labour, New Delhi, the reference is

made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’) as per Notification

No. L-22012/264/2012-IR (CM-II) dt. 05/03/2013. The dispute under reference relates to:

अनुसूची

“क्या श्रम संघ कोल माइन्स इंजीननयर ंग वककसक एसोनसयेशन नजला निदवाडा प्रबंधतंत्र, मुख्य

महाप्रबंधक, वेस्टनक कोलफील्डस नलनमटेड, कन्हान क्षेत्र पोस्ट डुंगर या नजला निदवाडा म०प्र० के प्रबंधन से

मृतक कमक

ा श्री अमरूनतया आत्मज स्व० अम लाल (ज० म०) डीपीआ अम्बाडा काल ी की मृत्यु नदनांक

01/06/2001 के पश्चात उनके आनश्रत पुत्र श्री असाडू को 18 वर्क की आयु 01.05.2006 को पूर्क होने पश्चात

अनुकम्पा ननयुक्ति प्रदान क ने की मांग न्यायोनचत है? यनद नहीं तो संबंनधत श्रम संघ/कमक

ा नकस अनुतोर्

का हकदा है?”

After receiving the reference, notices were send to the parties, which were served. The parties filed their

respective statements of claim and defense.

Admitted between the parties in their pleadings are the facts that the Workman Amrutia died while under

Employment of Management on 09.06.2001, he was survived by his Widow Smt. Premavti, son Asadu and three

Daughters. Also not disputed between the parties are the facts that the Widow of the Workman requested for

Compassionate Appointment of Son Asadu who was minor at that time being about 13 years hence, he could not be

considered for compassionate appointment as per rules. The Management informed the Widow that claim of Asadu

has been registered in the Live Register maintained by Management with respect to candidates to be considered for

Compassionate Appointment and his case will be considered after Asadu attaining age of 18 years. This information

was served on the Widow of the deceased Workman vide letter of the Superintendent Mines dated 05/02/2002. It is

the case of the applicants that after attaining 18 years of age, the Widow of the deceased Workman requested for

Compassionate Appointment of Son Asadu, vide her communication to Management dated 18/01/2006 addressed to

Mines Manager and vide Remainders dated 08/09/2006 and 19/09/2006. Further, according to the Applicants,

Management informed them vide their communication dated 07/04/2007, 05/06/2007, and 19/02/2008 informing the

Widow that her case was pending before Senior Management and decision in this respect would be informed after it is

taken. It is further the case of the applicants that Management refused to offer Compassionate Appointment to Asadu

on the ground that there was a difference in his date of birth which was 10/05/1987 in the Educational Records of the

Asadu and 10/05/1988 in the Service Records of the Workman. According to the applicant side, this action of

Management is arbitrary, illegal and unjust. Applicants side has thus prayed that, Asadu is entitled to Compassionate

Appointment as per rules after he attained age of 18 years on 01/05/2006, Management be directed accordingly.

426

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Management, in their pleadings, has taken a case that Compassionate Appointment to Asadu was not

considered because his Educational Records showed his date of birth 10.05.1988; whereas his date of birth declared

by the Deceased Workman in his Service Records was 10.05.1987. Another ground taken by Management for refusing

of Compassionate Appointment is that the Workman died in year 2000, whereas the Compassionate Appointment was

sought in 2006 which was delayed. Further, according to Management the Widow of the Deceased Workman was not

granted any Monetary Compensation on death of her husband due to discrepancy with respect to her age in different

records maintained by Management. According to Management, her age was mentioned 35 years as on 13.06.1987 in

the service records of the Workman. It was mentioned 40 years as on 28.09.1998 in the LTC and it was 49 years

mentioned in the Certificate of Dependants issued by the Gram Panchayat on 06.07.2001.

In evidence, the applicant side has filed copy of service excerpts of the deceased Workman, Death

Certificate, letter of Superintendant Mines to Manager Personnel dated 22.07.2001, Office order dated 05.02.2002.

Application filed by Widow of the Deceased Workman was 18.01.2006 before Mines Manager informing him that her

dependant Son Asadu has not completed 18 years and he will be given a Compassionate Appointment after he attains

the age of 18 years. Remainder dated 19.09.2006, 02.11.2009 and 22.02.2011 sent by the Widow of Deceased to

Management which are Exhibit W-6 to W-8. School Certificate, Mark-sheet which are Exhibit W-9 and W-10. Letter

of Mines Manager 08.09.2006 sent to the Widow informing her that her matter has been referred to Headquarter and

another letter of Mines Superintendent dated 07.04.2007 informing the Widow about status of her representation,

another letter of Management dated 15.06.2007 and 19.02.2008 informing the Widow about the status of her

Application which are Exhibit W-13 and W-14 as well another Letter of Management dated 19.01.2009 sent to the

Widow regarding status of her application which is Exhibit-15. The applicant’s side has also filed Affidavits of the

Widow and Asadu as their examination-in-chief. They have been cross-examined by Management.

The Management has filed affidavit of its Manager Yogendra Kumar Singh as his examination-in-chief, it

is filed and proved. The original first application of the Widow filed by her before the Management on 07.07.2001

seeking Compassionate Appointment of her Son. Letter of Management dated 25.07.2001 informing the Widow that

name of her Son has been recorded in the Live Register and he will be offered Compassionate Appointment after he

attains 18 years of age, also informing the Widow that till Asadu attains 18 years of age, she may seek Monetary

Compensation as per rules. Another Letter of Management sent to the Deputy Chief Medical Officer on 31.12.2002

which shows that the Widow has been sanctioned Monetary Compensation on Monthly basis from 01.08.2001 and her

case has been referred to the Age Determination Committee for determination of her age due to discrepancy (as

mentioned earlier) in different documents available with the Management.

I have heard argument of Learned Counsel for Applicant Shri Praveen Yadav and Learned Counsel for

Management Shri Neeraj Kevat. Applicant side has filed written submissions also which is part of record. I have gone

through the record in the light of oral and written submissions.

On perusal of record in the light of rival arguments, the issue which arises for determination is as

follows:

1. Whether, the action of Management in refusing Compassionate Appointment to the dependant son

Asadu, only on the ground of discrepancy regarding his date of birth in the service record of the

deceased Workman and educational qualification records of son Asadu is justified in law?

2. Whether, the action of Management in not granting Monetary benefit to the Widow of the

Workman only on the ground of discrepancy regarding her age in different documents is justified

in law?

Since, these two issues are interrelated, they are been taken together.

Clause 9.3.0, 9.4.0 and 9.5.0 of National Coal Wage agreement are being reproduced as follows:-

9.3.0., 9.4.0 & 9.5.0 Provision of Employment/payment of monthly monetary compensation to

Dependant.

(i)

The Clauses 9.3.0, 9.4.0 & 9.5.0 of NCWA-VI will be operative in NCWA-VIII till a revised

scheme is jointly prepared keeping in view the various verdict of Hon'ble Supreme Court at

the earliest.

(ii)

A Sub-committee of JBCCI will formulate a scheme keeping in view various directives of

Supreme Court on the subject within three months of signing of the Agreement.

(iii)

Meanwhile provision of employment as mentioned at (i) above, shall be on basic wage of Cat-I

as trainee for a period of 6 months. During the training period they will have the status of

permanent employee. On completion of training they shall be regularized as Cat-I employee.

However, those dependants in possession of Technical/professional qualification will be

considered for appointment in higher category, keeping in view their qualification, suitability

and vacancy.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

427

(iv)

The monthly monetary compensation payable to the female dependant in case of death either

in mine accident or for other reasons or medical unfitness of the employee shall be @

Rs.6000/- with effect from 1.5.2008.

(v)

In case of death either in mine accident or due to other reasons or medical unfitness, if no

employment has been offered and the male dependant of the concerned worker is 12 years

and above in age, he will be kept on a live roster and would be provided employment

commensurate with his skill and when he attains the age of 18 years. During the period the

male dependant is on live roster, the female dependant will be paid monetary compensation as

given in (iv) above.

A perusal of the provisions referred to above clearly reflects that in case of death of a Workman while in

Service in Mines due to accident or other reasons, compassionate appointment will be offered to his male dependant

and that if no employment has been offered and a male dependant is of 12 years and above in age, he will be kept on

Live Roaster and will be provided employment under compassionate commensurate with his qualifications when he

attains age of 18 years. Also that, during this period of male dependant being on Life Roaster, the widow of deceased

workman shall be paid monetary compensation. It implies that for being registered in the Live Register also, the age

of the male dependant son should be more than 12 years or above. The Workman admittedly died on 01.06.2001.

Whatever we take the date of the birth of Asadu, on the basis of both the dates of births, his age on death of his father

on 01.06.2001 comes more than 12 years. Hence, irrespective of discrepancy of his date of birth he was undoubtedly

eligible to be registered into the Live Register maintained for Compassionate Appointment with respect to such cases.

The first ground taken by Management for refusal of Compassionate Appointment is not the financial Condition of

the family nor is it educational qualification of claimant or non availability of post. The only ground taken is

discrepancy with respect to dates of birth of Asadu(claimant) which is 10.05.1987 in service record of the Workman

and 10.05.1988 in Educational Certificates of Asadu. According, to the Rules above mentioned, for submission of

prayer after a claimant whose name is in the Live Register/Roaster for appointment after he attains 18 years of age, no

time limit is provided. So, the first application of the Widow filed by her before the Management after Asadu became

18 years of age according to her cannot be held barred by any limitation because no such limitation is provided in the

rules. On facts also, there is no delay on the part of the widow as she put her claim just after death of the workman,

her husband and just after her son Asadu attained 18 years of age

Also it is established that the for offering Compassionate Appointment, the Educational Qualification

records will be more reliable as compared to declaration made by father with respect to date of birth of his son in his

service record made. Management has always an option to get the age/date of birth of a person who has been

proposed appointment decided as per Rules. Management did not adopt this procedure. Hence, action of

Management in refusing Compassionate Appointment to Asadu only on the ground of discrepancy regarding

date of his birth as mentioned above is held nothing short of illegal, arbitrary and unjust.

The second ground taken by Management is that death occurred in 2001 and claim for Compassionate

Appointment was put in 2006 this is a base row ground. The Rules mentioned above, itself provide that in case

complainant is less than 18 years but more than 12 years, his claim shall be registered in the Life Roaster and he will

be offered Compassionate Appointment after he attains 18 years of age, hence refusal of Compassionate

Appointment to Asadu on this ground is also held arbitrary, illegal and unjust.

As regards, the claim of Monetary Compensation, to the Widow of the deceased Workman, she is held

entitled to Monetary Compensation from the date of death of the Deceased Workman till date of appointment of

Asadu on compassionate basis or she attains age of 60, years whichever is earlier, on the rates prevalent time to time.

As regards discrepancy with respect to her ageais claimed by Management, I.I.76 is not applicable in her case because

she is not an employee of Management at the time she put her claim. Secondly, to Documents Service Records of the

Workman in which age of his wife (now his Widow) is mentioned as 35 years in 1987 and 49 years in the Certificate

issued by Panchayat 2001 corresponds to the age shown in service records. Her age mentioned in the LTC document

of deceased Workman is liable to be ignored.

On the basis of above discussion the Widow of the deceased Workman is held entitled to Monetary

Compensation on rates prevalent from time to time from date of death of her husband till date of appointment of

Asadu on compassionate basis or she attains age of 60 years, whichever is earlier, on the rates prevalent time to time

and also held entitled to interest @ of 10% per annum on this amount.

Further, Asadu is held entitled to employment on Compassionate basis which is commensurate to his

educational qualification and suitability within 60 days from the date of publication of Award. The applicants are also

held entitled to litigation cost Rs. 50,000/- from Management to to be paid to him within 60 days from the date of

publication of Award failing with interest @ 10% per annum.

Reference stands answered accordingly.

DATE:- 02/01/2025

P. K. SRIVASTAVA, Presiding Officer

428

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 27 िनवरी, 2025

का.आ. 145.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

esa

dsUnzh;

ljdkj

vkS|ksfxd

vf/kdj.k–

सि

–

Je

U;k;ky;]

ििलृुर

ds

iapkV

(एलसी- आर/64/2016,32/2016,69/2016, आर-70/2016) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks

09@01@2025 dks izkIr gqvk FkkA

[सं. ,y-22012/26/2016-vkbZ-vkj- (सी.एम-II)]

[सं. ,y-22012/16/2014-vkbZ-vkj- (सी.एम-II)]

[सं. ,y-22012/45/2016-vkbZ-vkj- (सी.एम-II)]

[सं. ,y-22012/46/2016-vkbZ-vkj- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 27th January, 2025

S.O. 145.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Reference. LC/R/64/2016,32/2016,69/2016,R-70/2016)of the Central

Government Industrial Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial

dispute between the Management of W.C.L, and their workmen, received by the Central Government on 09/01/2025.

[F. No. L-22012/26/2016 – IR (CM-II)]

[F. No. L-22012/16/2014 – IR (CM-II)]

[F. No. L-22012/45/2016 – IR (CM-II)]

[F. No. L-22012/46/2016 – IR (CM-II)]

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

Present: P.K.Srivastava

H.J.S..(Retd)

1. No. CGIT/LC/R/64/2016

Md. Naseem Siddiqui,

Zonal Mahamantri,

Coal Mines Engg. Workers Association,

Ward No. 10, Gudhi, Palachauri

Chhindwara (MP) - 480449

Vs

The Regional General Manager,

Western Coalfields Limited,

Pench Area, Po : Parasia,

Distt. Chhindwara(MP)- 480441

……Leading Case

2. No. CGIT/LC/R/32/2016

Zonal Mahamantri,

Coal Mines Engineering Workers Association,

Ward No. 10, Gudi, PO : Palachauri

Distt. Chhindwara (MP)

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

429

Vs

The Chief General Manager,

Western Coalfields Limited,

Kanhan Area,

Dungaria PO: Dungaria

Distt. Chhindwara (MP)

3. No. CGIT/LC/R/69/2016

Mohd. Naseem Siddki,

Zonal Mahamantri,

Coal Mines Engg. Workers Association

Ward No.10, Guddi, Palachouri.

Distt. Chhindwara(MP)

Vs

The Area General Manager,

Western Coalfields Limited,

Kanhan Area, Post Dungaria Teh. Junardev,

Distt. Chhindwara(MP)

4. No. CGIT/LC/R/70/2016

Mohd. Naseem Siddki,

Zonal Mahamantri,

Coal Mines Engg. Workers Association

Ward No.10, Guddi, Palachouri.

Distt. Chhindwara (MP)

Vs

The Area General Manager,

Western Coalfields Limited,

Kanhan Area, Post Dungaria Teh. Junardev,

Distt. Chhindwara (MP)

(JUDGMENT)

(Passed on this 5th day of December-2024)

1. In the case NO. CGIT/LC/R/64/2016

As per letter dated 09/06/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is received.

The reference is made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’) as per

Notification No. L-22012/26/2016 – IR (CM-II) dt. 09/06/2016. The dispute under reference relates to:

“क्या क्षेत्रीय महाप्रबंधक, वैस्टनक कोलफील्डस नलनमटेड, पेंच क्षेत्र, पोस्ट प ानसया, नजला निंदवाडा (मध्य प्रदेश)

द्वा ा एनसीडब्ल्यूए -।। के प्रावधान 10.4.4 व एनसीडब्ल्यूए -।।। के प्रावधान 9.4.4 के अनुसा नदनांक 30.09.2011 को

सेवाननवृत्त हुए पूवक कामगा श्री सु ेश कुमा नपता सीता ाम के आनश्रत पुत्र श्री आशीर् कुमा को ोजगा न देना

न्यायसंगत है? यनद नहीं तो पूवक कामगा क्या अनुतोर् पाने का अनधका ी है?

2. In the case NO. CGIT/LC/R/32/2016

As per letter dated 02/03/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’)

as per Notification No. L-22012/16/2014 - IR (CM-II) dt. 02/03/2016. The dispute under reference relates to:

430

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

"Whether the action of the Manager, WCL, Ambara Colliery, Kanhan Area, PO: Ambara, Distt.

Chhindwara (MP) in denying employment to Shri Reefak Ahmed dependent son of Shri Sher Mohammad, ex-

employee who retired from service w.e.f. 30.06.2008 under the provisions of 10.4.4 of NCWA II and provisions of

9.4.4 of NCWA III is justified? If not, to what relief the ex-workman is entitled to?"

3. In the case NO. CGIT/LC/R/69/2016

As per letter dated 08/08/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’)

as per Notification No. L-22012/45/2016 – IR (CM-II) dt. 08/08/2016. The dispute under reference relates to:

"क्या क्षेत्रीय महाप्रबंधक, वैस्टनक कोलफील्डस नलनमटेड, कन्हान क्षेत्र, पोस्ट डंगर या, तह0 जुन्ना देव, नजला

निंदवाडा (मध्य प्रदेश) द्वा ा एनसीडब्ल्यूए -।। के प्रावधान 10.4.4 व एनसीडब्ल्यूए –।।। के प्रावधान 9.4.4 के अनुसा

नदनांक 30.06.2012 को सेवाननवृत्त हुए पूवक कामगा श्री गजानंद नपता धुन्नीलाल मालवीय के आनश्रत पुत्र श्री आयुर् को

ोजगा न देना न्यायसंगत है? यनद नहीं तो पूवक कामगा क्या अनुतोर् पाने का अनधका ी है?"

4. In the case NO. CGIT/LC/R/70/2016

As per letter dated 08/08/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is

received. The reference is made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’)

as per Notification No. L-22012/46/2016 – IR (CM-II) dt. 08/08/2016. The dispute under reference relates to:

"क्या क्षेत्रीय महाप्रबंधक, वैस्टनक कोलफील्डस नलनमटेड, कन्हान क्षेत्र, पोस्ट डंगर या, तह0 जुन्ना देव, नजला

निंदवाडा (मध्य प्रदेश) द्वा ा एनसीडब्ल्यूए ।। के प्रावधान 10.4.4 व एनसीडब्ल्यूए ।।। के प्रावधान 9.4.4 के अनुसा

नदनांक 30.06.2012 को सेवाननवृत्त हुए पूवक कामगा श्री सु ेश कुमा नपता प्रहलाद ाव नपता नत्थू ाव, के आनश्रत पुत्र श्री

प्रवीर् कोल्हे को ोजगा न देना न्यायसंगत है? यनद नहीं तो पूवक कामगा क्या अनुतोर् पाने का अनधका ी है?"

Notices were issued to the parties on the basis of the references received in these cases. They appeared and

filed their respective statements of claim and defense.

In all these cases, it is admitted between parties that Father of the Applicants worked with the Management

and Superannuated on different dates mentioned in the references. The applicants have sought for their

Compassionate Appointment. The applicants have claimed appointment on compassionate basis consequent to

superannuation of their Father as dependent Sons in the light of provisions of Clause 10.4.4 of National Coal Wage

Agreement II (NCWA-II) and Clause 9.4.4 of National Coal Wage Agreement III (NCWA III).

The case of Management is that, the NCWA-II & NCWA-III which contain provisions for Compassionate

Appointment to one dependent of an Employee of the Management consequent to his Superannuation was not in force

at time of Superannuation of the Employees rather NCWA - IV to XI were in force which did not provide such an

appointment. Hence, according to the Management, the claim of the applicants is not suitable.

Parties have adduced their respective evidences on their pleadings as mentioned above in each of the cases.

I have heard argument of the Union representative for Applicants and Learned Counsel for Management

Mr. Neeraj Kewat in the cases and have gone through the record.

Since factual position as stated in pleadings is not disputed. There remains only a point of law whether the

claim of the applicants for Compassionate Appointment is tenable in law or not.

Since, all these cases in facts are similar and one point is involved in all these cases, they are been disposed

by a common judgment.

NCWA-II & III Clause 9.4.4 and 10.4.4 are being reproduced as follows:-

9.4.4- The scheme with respect to appointment of one dependent of an employee after his superannuation

will continue.

Same is the provision in NCWA III.

9.3.0:- Provision of Employment to Dependents:

9.3.2:-

Employment to one dependent of the worker who dies while in service. In so far as female

dependents are concerned, their employment/payment of monetary compensation would be

governed by para 9.5.0.

9.4.0:-

Employment to one dependant of worker who id permanently disabled in his place:

(i)

The disablement of the worker concerned should arise from injury or disease, be of a permanent

nature resulting into loss of employment and it should be so certified by the Coal Company

concerned.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

431

(ii)

In case of disablement arising out of general physical disability so certified by the Coal company,

the employee concerned will be eligible for the benefits under this clause if he/she is upt the age of

58 years.

The term general physical disability would mean deficiency of a workman due to any disease of

other health reasons leading to his/her disablement to perform his/her duties regularly and/or

efficiently.

(iii)

The dependent for this purpose means the wife/husband as the case may be unmarried daughter, son

and legally adopted son. If no such direct dependent is available for employment, brother, widowed

daughter/widowed daughter in law or son in law residing with the employee and almost wholly

dependent on the carning of the employee may be considered.

In son far as female dependents are concerned, their employment would be governed by the

provisions of clause 9.5.8

(iv)

The dependents to be considered for employment should be physically fit and suitable for

employment and aged more than 35 years provided that the age limit in case of employment of

female spouse would he 45 years as given in Clause 9.5.8. In so far as male spouse is concerned,

there would be no age limit regarding provision of employment.

9.5.0:-

Employment/Monetary compensation to female dependent Provision of employment/monetary

compensation to female dependents of workmen who dies while in service and ho are declared

medically unfit as per Clause 9.4.0 above would be regulated as under:

(i)

In case of death due to mine accident, the female dependent would have the option to either accept

the monetary compensation of Rs.4000/- per month or employment irrespective of her age.

(ii)

In case of death total permanent disablement due to cause other than mine accident and medical

unfitness under Clause9.4.8, if the female dependent is below the age of 45 years she will have the

option either to accept the monetary compensation of Rs.3,900/- per month or employment.

In case the female dependent is above 45years of age she will be entitled only to monetary

compensation and not to employment.

(iii)

In case of death either in mine accident or for other reasons or medical unfitness under Clause

9.4.0 if not employment has been offered and the make dependent of the concerned worker is 12

years and above in age, he will be kept on a live roster and would be provided employment

commensurate with his sill and qualifications when he attains the age of 18 years. During the

period the make dependent is en live roster, the female dependent will be paid monetary

compensation as per rates at paras(i) & (ii) above. This will be effective from 1-1-2000.

(iv)

Monetary compensation wherever applicable would be paid till the female dependent attains the

age of 60 years.

(v)

The existing rate of monetary compensation will continue. The matter will be further discussed in

the Standardization Committee and finalized.

Perusal of NCWA-IV to NCWA-XI reveals that there is no such provision for appointment of one

dependant an Employee who is superannuated on compassionate ground.

This is also established that the NCWA-III & NCWA-IV were substituted by law NCWA and it was

NCWA VII & IX which were in force at the time of Superannuation of the Workmen in these cases.

Hence, naturally since the NCWA-II & NCWA-III on the basis of which the claim of Compassionate

Appointment has been raised in these cases will not benefit the Applicants because it was not enforce at the time of

Superannuation of their Employees.

Thus, holding the claim of the applicants in the reference not tenable in law, the reference deserves to be

answered against the Applicants as follows.

AWARD

Holding the claim of the applicants of cases R/64/2016, R/32/2016, R/69/2016, R/70/2016 are not

tenable in law, the action of Management of WCL in denying appointment to the applicants on the ground of

being the dependent son of the Workman on his superannuation is held justified in law. The applicants are held

entitled to no benefits.

No order as to cost.

Copy of this award be placed in on the file of all the Cases.

DATE:- 05/12/2024

P.K. SRIVASTAVA, Presiding Officer

432

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 27 िनवरी, 2025

का.आ. 146.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

–

सि

–

Je U;k;ky;] ििलृुर

ds iapkV (एलसी-146/2012+) dks

izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 09@01@2025 dks izkIr gqvk FkkA

[सं. ,y-22012/195/2012-vkbZ vkj (सीएम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 27th January, 2025

S.O. 146.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Reference. LC/146/2012) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the

Management of S.E.C.L, and their workmen, received by the Central Government on 09/01/2025

[No. L-22012/195/2012-IR(CM-II]

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/146/2012

Present: P.K.Srivastava

H.J.S..(Retd)

The General Secretary,

Koyla Mazdoor Sabha (HMS),

Qtr. No-M/91, Vikas Nagar, PO-Kusmunda,

Distt. – Korba, Chattisgarh

Workman

Vs

1.

The General Manger,

SECL, Kusmunda Area,

PO :- Kusmunda,

Distt. – Korba, Chattisgarh

2.

General Manager (M),

SECL, Kusmunda Project,

Post – Kusmunda,

District – Korba, Chattisgarh

Management

(JUDGMENT)

(Passed on this 26th day of November-2024)

As per letter dated 30/11/2012 by the Government of India, Ministry of Labour, New Delhi, the reference is

made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’) as per Notification No. L-

22012/195/2012-IR (CM-II) dt. 30/11/2012. The dispute under reference relates to:

“Whether the action of the management of (i) the General Manager, SECL Kusmunda Area, Post –

Kusmunda, Dist. – Korba (CG) and (ii) the General Manager (M), SECL Kusmunda Project, Post –

Kusmunda, Dist. – Korba (CG) in not correction the date of birth as well as the date of appointment of

Shri Nirmal Das, Chief Cashier (i) as mentioned in service sheet & CMPF records as 01.05.1957 and

30.04.1977 (ii) on the basis of the Matriculation Certificate as per I.I. No. 76 of NCWA was legal, proper

and justified? What relief the said workman is entitled to and from what date?”

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

433

After registering case on the basis of reference, notices were issued to parties. They appeared and filed their

respective statements of claim and defense.

Case of the workman, as stated by him in his statement of claim, is mainly that he had completed his High

School Examination in 1976 and was registered with Employment Exchange Korba, on 15/07/1976 with registration

No. 10190/76. He was sponsored by the Employment Exchange and was appointed as a Casual PR Loader on

30/04/1977 at Banki Colliery under Management, has submitted his High School Certificate in which his date of birth

was recorded as 01/05/1957. His identity card was prepared, mentioning his age as 20 years in 1977 which

corresponds to his actual date of birth 01/05/1957 in his Mandatory Initial Medical Examination under Rule-29 BA-II

of Mines Rules 1955, as date of Birth 01/05/1957 was entered into at the time of preparation of Form B Register,

prepared at time of entry in service on 30/04/1977. His date of birth was recorded 01/05/1957, in the service excerpts

issued by Management on 30/09/1987, his same date of birth 01/05/1957 and date of joining 30/04/1977 was

recorded. Management prepared his new identity card in 1992 mentioning his date of birth 08/05/1953 and date of

joining 01/04/1981 respectively. Since then, he has been approaching Management to correct his date of birth, but no

action was taken by Management. Later, Management issued Superannuation notice dated 24/12/2012 superannuated

him on 31/05/2013 on attaining age of 60 years on the basis of his wrongly recorded date of birth 08/05/2013 and was

superannuated from service on 31/05/2013. It is further the case of Workman that, the action of Management in

changing his date of birth from 01/05/1957 to 08/05/1953 is in violation of Implementation Instructions 76 (I.I. 76),

hence is arbitrary. Accordingly, action of Management superannuated him on basis of his date of birth wrongly

changed by Management is also arbitrary. The Workman has thus sought the relief of his reinstatement with back-

wages and benefits pre & post retrial, holding the action of Management in superannuating him on his changed date

of birth against law.

The case of Management, as taken in its statement of defense, is mainly that firstly the Workman has raised

this dispute at the vague end of his service that is just before his Superannuation. According to Management, the

Workman was initially appointed and regularised in service on 01/04/1981 as General Mazdoor in Banki Colliery of

Korba Area, he had declared his date of birth as 08/05/1953 at the time of his first appointment which was recorded in

the Form B Register, duly engaged by the Workman by putting his signature on the Form. In other registers also, his

same date of birth was recorded. According to Management, the Workman was transferred from Banki Colliery to

Kusmunda Project and in Kusmunda Project. He declared his date of birth as 01/05/1957 for the first time but did

produce any documents to support. Management recorded the date of birth 01/05/1957 declared by him. Subject to

verification from Banki Project and it was on verification found that his date of Birth was recorded as 08/05/1953 in

Form B maintained at Banki Project from where he was transferred to Kusmunda. The entry was corrected. According

to Management, Medical Examination is not for asserting the age of the Workman, rather it is for asserting fitness of

the Workman to work under the mines. Also, it is the case of Management that since then the Workman never raised

any dispute regarding his dates of birth rather has raised dispute just before few months from his superannuation.

Hence, his claim is barred by unexplained delay and latches on his part. Management has thus requested that the

reference to be answered against the Workman.

In evidence, the Workman has filed and proved Exhibit W-1 to W-4 which are his application to Labour

Commissioner raising dispute, reply of Management, rejoinder by Management and report of failure and conciliation.

Exhibit W-7, W-8 are copies of High School Certificate and Mark-sheet. Exhibit W-5 is notice of Superannuation and

W-6 is Copy of I.I. 76, Exhibit W-9 is Copy of Service Exhibits of Workman issued by Management in 1987. The

Workman has filed his affidavit as his examination-in-chief; he has been cross-examined by Management.

Management has filed and proved copy of Form B of the Workman in Kusmunda Project. Copy of Service

Register, Copy of Form B in Banki Project which are Exhibit M-1 to M-3 respectively. Management has further filed

affidavit of his witness as his examination-in-chief which has been cross-examined by Workman side. The Workman

has also filed and proved copies of his representation to Management in 2007, 2009, 2010 which are Exhibit-10 (1 to

2), 10 (3).

None was present at the time of argument, no written arguments has been field by any of the parties. I have

gone through the record.

The reference itself is the issue for determination in the case in hand

Both the sides have corroborated their case in their statements. According to the Workman he was first

appointed in 1977 were as according to the Management he was first appointed in 1981. Management has filed

photocopy of Form B of Banka Sub-area were the Workman first joined. The date of birth of the Workman is recorded

08/05/1953 and date of his employment is recorded as 01/04/1981 in this document which is Exhibit M-3. The entry

in the Service Register, Exhibit M-2 supports these entries. The case of the Workman is that in Banki sub-area his date

of birth as 01/05/1957 was recorded in Form B. The Workman has neither filed nor proved such Form B of Banki

Area as claimed by him. The Copy of Form B of Banki sub-area filed by Management and proved; goes against the

case of Workman. The stand of the Workman is that after correctly recording his date of birth in Form B, it was

recorded wrongly by Management without any order. According to Management, the date of birth was correct in

434

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

Form B maintained at Kusmunda sub-area where the Workman joined on transfer from Banki sub-area on the basis of

information received by way of Form B maintained in Banki sub-area where the Workman has first joined.

According to I.I. 76 in case of Matriculated Workman, the date of birth recorded in Matriculation

Certificate will be taken to be final in case of dispute in his age.

IMPLEMENTATION INSTRUCTION NO. 76

PROCEDURE FOR DETERMINATION/ VERIFICATION OF AGE OF EMPLOYEES

(A) Determination of the age at the time of appointment

(i)

Matriculates.

In the case of appointees who have passed Matriculation or equivalent examinations, the date of birth

recorded in the said certificate shall be treated as correct date of birth and the same will not be altered

under any circumstances.

Case of Management is that the Workman raised dispute just few months before his superannuation whereas the

Workman has stated that he has been raising this dispute since before when he came to know about the discrepancy.

He has filed and proved Exhibit W-10(1) to W-10(3) which are different representations filed by him seeking

correction in date of birth. Hence, the case of Management that dispute was raised at fag end of his service by the

Workman does not hold water. Rather from evidence as mentioned above, it is proved that the Workman did agitate

against the wrong entry recording his date of birth much before the date of his superannuation. The Workman has

filed and proved a photocopy of service exhibits issued by Management in 1987, to the Workman which is exhibit W-

9. In this document his date of birth is recorded as 01/05/1957. This document contains signature of the Welfare

Officer. The date of preparation of this document is not mentioned but since there is a signature of Personnel Officer

of Management on 02/02/1993, it implies that this document was served on the Workman after 02.02.1993. Since

there is no discrepancy regarding date of his birth in this document, the Workman did not have any occasion to

represent for correction of his date of birth on basis of this document. It appears that the date of birth of the Workman

was changed at any time after 02/02/1993 by Management in its records.

Since, it is proved from record that, the Management filed different representations as different times as

mentioned above rising dispute regarding date of his birth, it was in competent on Management to address the

grievances mentioned in his representations and fix the dispute in the light of I.I. 76 which is for determination of age

disputes of the Workman. As referred in I.I. 76 in case of matriculated Workman, the date of birth recorded in the

Matriculation Certificate will be taken to be final, keeping in view the fact that the Matriculation Certificate is of 1976

that is before the Workman entered in service of Management for the first time, and there is nothing on record to show

that this Matriculation is not genuine. Also keeping in view the fact that in the 1987 document which are service

records of the Workman Exhibit W-9 the fact that the Workman is matriculated is mentioned, it was incumbent on

Management to correct his date of birth on the basis of his Matriculation Certificate. The action of Management in

not correcting the date of birth of the workman Nirmal Das in the light of his matriculation certificate, the

Management is acted in violation of Clause 5 of I.I. 76. Hence, this action of Management is held arbitrary and

unjust in law.

In consequence, the action of Management in superannuating the Workman on the basis of his date of birth

08/05/1953 is held against law. Consequently, the workman is held entitled to be deemed in service till the date

of his superannuation based on his Matriculation Certificate which is 01/05/1957 and also held entitled to back-

wages as well the in service and post retrial benefits.

The reference is answered accordingly.

No order as to cost.

DATE:- 26/11/2024

P.K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 27 िनवरी, 2025

का.आ. 147.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

–

सि

–

Je U;k;ky;] ििलृुर ds iapkV(एलसी-30/2016+) dks izdkf”kr

djrh gS] tks dsUnzh; ljdkj dks 09@01@2025 dks izkIr gqvk FkkA

[सं. ,y-22012/129/2011-vkbZ vkj (सीएम-II)]

मजणकंिन.एन, उृ जनिेिक

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

435

New Delhi, the 27th January, 2025

S.O. 147.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Reference.LC/30/2016) of the Central Government Industrial

Tribunal-cum-Labour Court, Jabalpur as shown in the Annexure, in the industrial dispute between the

Management of S.E.C.L, and their workmen, received by the Central Government on 09/01/2025

[No. L-22012/129/2011-IR(CM-II]

MANIKANDAN. N, Dy. Director

ANNEXURE

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR

NO. CGIT/LC/R/30/2016

Present: P.K.Srivastava

H.J.S..(Retd)

1. Shri Sudama, S/O Shri Ramvachan

R/O Ekta Nagar, Post: Khongapani,

PS: South Jhagrakhand,

Ditt. Korea (C.G.)- 497446

2.

Shri Amar Vishvas, S/O Late N. Vishvas

R/O LCH Qtr. NO. 9,

PS: South Jhagrakhand,

Distt. Korea(C.G.) – 497446

3.

Shri Rajendra Prasad, S/O Late Ramparikhan

Qtr. No. 124, Bisim Colony

Vill. & Post: Khongapani,

PS: South Jhagrakhand,

Distt. Korea (C.G.) - 497446

Workman

Vs

The General Manger,

South Eastern Coalfields Ltd.,

Hasdeo Area,

P.O. South Jhagrakhand,

Distt. – Korea (C.G.)-497446

Management

(JUDGMENT)

(Passed on this 26th day of December-2024)

As per letter dated 26/02/2016 by the Government of India, Ministry of Labour, New Delhi, the reference is

made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‘Act’) as per Notification

No. L-22012/129/2011-IR (CM-II) dt. 26/02/2016. The dispute under reference relates to:

“Whether the action of the General Manager of Hasdeo Area of SECL in not regularizing Category-I

Mazdoor in the post of Security Guard working since last 18 years w.e.f. 1997 in respect of Shri Sudama and legal

heirs of Late Rajendra Prasad and Late Amar Vishvas to the post of Security Guard and not protecting their wages

as per with that of the regular Security Personnel is proper, legal and justified? If not, what relief Shri Sudama

and legal heirs of late Rajendra Prasad and late Amar Vishvas are entitled to?”

436

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

After registering case on the basis of reference, notices were issued to parties. They appeared and filed their

respective statements of claim and defense.

Case of the workmen, is mainly that these three applicant workmen were initially appointed as General

Mazdoor in the Hasdeo Area of Management of SECL and were placed at different times to work in the Security

Establishment of Management as Security Guard. The applicant Rajendra Prasad was initially appointed as Loader

w.e.f. 18/08/1976 and was posted in the Security Department of Management as Security Guard on 09/07/1997. The

Second Workman, Sudama Prasad was initially appointed as PR Tramar. He received injury on job and on his

request on Medical Grounds, he was allotted Surface Light Duty and was posted in the Security Department of

Management as Security Guard in 1995 vide order dated 26/10/1995. The third applicant, Amar Vishvas was

initially appointed as General Mazdoor on 24/01/1975 and was allotted Surface Light Duty by way of his posting in

Security Department as Security Guard and worked as Security Guard till his superannuation. According to these

workmen, they worked as Security Guard for years till their death/superannuation but were not paid wages admissible

to Security Guard nor were they made permanent also not regularized as Security Guard which is discriminatory and

illegal on the part of Management. These workmen have prayed that they be held entitled to be regularized and to

permanent status as Security Guard and also being held entitled to the Wages and in-service benefits admissible to the

Security Guards.

Management has taken the case that, these three Workmen were appointed as a General Mazdoor and on

their request they were attached with the Security Establishment on the same Grade/Scale/Post which they were

earlier working as they had themselves opted for it for various reasons. According to Management, they were never

appointed as Security Guards, they were General Mazdoors and given benefits admissible to the Cadre of General

Mazdoors. It is further the case of Management that, the Security establishment is governed by a Separate Cadre that

is scheme requiring separate eligibility criteria and considerations. The Management has thus prayed that the

reference be answered against the Workman.

During pendency, the Workman No.2 Rajendra Prasad and No.3 Amar Vishvas died and their legal

representatives were brought on record.

The Workmen side filed affidavits of its witness Ashish Vishvas, Amit Vishvas, Anoop Vishvas, Rajesh

Kumar, Rakesh Kumar, Sudama out of which witness Sudama, Rakesh Kumar and Amit Vishvas of workmen side has

filed and proved documents Exhibit W-1 to W-25, to be referred to as and when required. These documents are

mainly relating to different office orders regarding their appointment, transfer and posting.

Management has filed affidavit of its witness Rajesh Kumar Chaudhary, Deputy Manager Security, who has

been cross-examined by Workmen. Management has also filed and proved documents Exhibit M-1 to M-8 to be

referred as and when required. These documents also are in relation to the appointment and transfer orders with

respect to the applicant workmen.

I have heard argument of Learned Counsel for Workman Shri Arun Patel and Learned Senior Counsel Shri

Anoop Nair assisted by Neeraj Kevat, Learned Counsel for Management and have gone through the record.

On perusal of record in the light of rival arguments, the main issued for determination which arises is as

follows:

“Whether the applicant workmen were transferred and posted as Security Guard in the Service

Establishment of Management.”

The pleadings of both the sides have been elaborated earlier on this issue. The Workman side witness have

stated in their statement on oath that they were transferred from Underground Duty, where they were working as

General Mazdoor to the Security Department of the Management and were posted as Security Guards. Management

witness has stated that in fact they were not posted as Security Guard rather they were allotted Light Duty on Surface

on their request due to various Medical and none-Medical reasons as detailed above, and were placed in the Security

Establishment in the same capacity/crave which they were working earlier before their placement in the Security

Establishment of Management.

The office orders field by the Workmen which are Exhibit W-1 to W-5 show that Workman Sudama was

recommended Light Duty by Medical Officer hence, he was granted Surface Light Duty and was associated to report

to the Junior Security Officer. The other two Workmen were also placed in the same way and in the same manner in

the Security Establishment on their request. The other documents proved by Workmen as mentioned above also reflect

the same facts. The documents filed by Management in this respect are also the same which show that these workmen

were working as General Mazdoor in underground duty and they were attached to Security Establishment of the

Management on their request for being granted Light Work on Surface in the same capacity/grade. None of these

documents goes to show that they were appointed as Security Guards at any period of time as claimed by them.

Hence, the claim of the Workmen that they were appointed as Security Guards is held not proved. On the basis of

these findings, these workmen are held not entitled to the relief claimed.

In the light of above discussion and findings the reference is answered as follows.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

437

AWARD

Holding the action of General Mazdoor Manager of Hasdeo Area of SECL in not regularizing and not

protecting the wages of Category-I Applicant Workmen on the post of Security Guard is proper, legal and

justified. The applicants are held entitled to no relief.

No order as to cost.

DATE:- 26/12/2024

P.K. SRIVASTAVA, Presiding Officer

नई दिल्ली, 27 िनवरी, 2025

का.आ. 148.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार मिाप्रिंिक और जििनेस ूजनट प्रमु , एनएसृीसीएल, राउरकेला, के प्रिंितंत्र के संिद्ध जन ोिकों और अध् क्ष,

एनएसृीसीएल श्रजमक संघ राउरकेला,के िीच अनुिंि में जनर्िवष्ट औद्योजगक जववाि में केन्द्री सरकार औद्योजगक

अजिकरण ,oa Je U;k;ky;] भुवनेश्वर ृंचाट (संिभव सं्‍ ा 33/2022) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 25/01/2025 को प्राप्त हुआ ा l

[सं. ,y-42011/280/2022-vkbZ vkj (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 148.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 33/2022) of the Central Government Industrial Tribunal cum

Labour–Bhubaneswar, as shown in the Annexure, in the Industrial dispute between the employers in relation to The

General Manager & Business Unit Head, NSPCL, Rourkela, and The President, NSPCL Shramik Sangh

Rourkela, which was received along with soft copy of the award by the Central Government on 25/01/2025.

[No. L-42011/280/2022- IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT BHUBANESWAR

Present:

Sri Dinesh Kumar Singh,

Presiding Officer, C.G.I.T.-cum-Labour Court,

Bhubaneswar.

INDUSTRIAL DISPUTE CASE NO. 33/2022

Date of Passing Order – 28th October 2024

Between:

The General Manager & Business Unit Head,

NSPCL, CPP – II, Administrative Building, RSP Complex,

Rourkela – 769 011.

…

1st Party-Management.

(And)

The President, NSPCL Shramik Sangh, D/81,

Sector – 18, Rourkela – 769 003.

…

2nd Party-Union.

Appearances:

None.

…

For the 1st Party-Management.

None.

…

For the 2nd Party-Union.

438

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

ORDER

In the present case, a reference was received from the Deputy Director to the Government of India, Ministry

of Labour New Delhi vide order No. L-42011/280/2022 – IR(DU), dated 22.08.2022 under clause (d) of sub-section

(1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 for adjudication of a dispute, under the

following schedule:-

“Whether the transfer of Shri Pabitra Kumar Behera, Asst. Grade-VI by the management of NTPC SAIL

Power Company Limited (NSPCL), Rourkela from NSPCL, Rourkela to NSPCL, Durgapur, as raised by

NSPCL Shramik Sangha Rourkela vide letter dated 24.06.2022, is proper, legal and justified? If not, to what

relief the disputant is entitled to and what direction(s) if any is necessary in the matter?”

2. In the reference order, the Deputy Director, Ministry of Labour, New Delhi commanded the parties raising the

dispute to file statement of claim, complete with relevant documents, list of reliance and witnesses with this Tribunal

within 15 days of receipt of the reference order and to forward a copy of such statement of claim to each one of the

opposite parties involved in the dispute.

3. Despite directions so given, no statement of claim is received from the 2nd party-Union.

4. On receipt of the above reference, notices were sent to the 2nd Party-Union on 05.12.2022 and on dated

24.11.2023 through Regd. Post for appearance and for filing of statement of claim. Neither the postal article sent to

the 2nd Party-Union, referred to above, was received back nor was it observed by the Tribunal that postal services

remained unserved in the period, referred to above. Therefore, every presumption lies in favour of the fact that the

above notices were served upon the 2nd Party-Union. Despite service of the notice, the 2nd Party-Union opted to

abstain away from the proceedings. No claim statement was filed on its behalf. Thus, it is clear that the 2nd Party-

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

5. Since the 2nd Party-Union has neither filed statement of claim nor has led any evidence so as to prove its cause

against the Management, it is presumed that there is no claim of workman against the Management.

6. In view of such, no claim Order is passed by this Tribunal.

7. Let this order be sent to the appropriate Government, as required under Section 17 of the Industrial Disputes Act,

1947, for publication.

Dictated & Corrected by me.

DINESH KUMAR SINGH, Presiding Officer

नई दिल्ली, 27 िनवरी, 2025

का.आ. 149.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार प्राचा व, केन्द्री जवद्याल , गोलकुंडा, िजिरािाि; मजससव जसट ोररटी ऑनलाइन, रािेंद्र नगर, िजिरािाि, के

प्रिंितंत्र के संिद्ध जन ोिकों और श्रीमती ू. प ृाणाल, कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक

अजिकरण- सि-श्रम न् ा ाल - िजिरािाि ृंचाट (संिभव सं्‍ ा LC 09/2017) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,

प्रकाजित करती िज िो केन्द्री सरकार को सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-42011/115/2016-vkbZ vkj (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 149.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 09/2017) of the Central Government Industrial

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

employers in relation to The Principal, Kendriya Vidyalaya, Golconda, Hyderabad; M/s Security Online,

Rajender Nagar, Hyderabad,, and Smt. U. Rooparanl, Smt. U. Rooparanl, Worker, which was received along

with soft copy of the award by the Central Government on 27.01.2025.

[No. L-42011/115/2016- IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 3rd day of January, 2025

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

439

INDUSTRIAL DISPUTE No. 9/2017

Between:

Smt. U. Rooparanl,

W/o U. Pandari Nath,

H.No. 13-3-652/16/A,

Bheem Nagar, Jiyaguda,

Asifnagar, Hyderabad-

..….Petitioner

AND

1. The Principal,

Kendriya Vidyalaya No. 1,

Langar House, Golconda,

Hyderabad-500008.

2. M/s Security Online,

Plot No. 40, New friends Colony,

Upperpally, Pillar No. 176,

Rajender Nagar, Hyderabad-500048.

… Respondents

Appearances:

For the Petitioner : Y. Ranjeeth Reddy, Advocate

For the Respondent: B. Narasimha Sharma & K. Ajay Kumar, Advocate of R2

AWARD

The Government of India, Ministry of Labour by its order No.L-42012/115/2016 (IR(DU) dated 27.03.2017

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

the management of M/s. Kendriya Vidyalaya No. 1 and their workmen. The reference is,

SCHEDULE

“Whether the action of the management of Kendriya Vidyalaya No. 1, Langar House, Golconda, Hyderabad

and the Contractor M/s Security Online, Rajender Nagar, Hyderabad in terminating the services of

Smt. U. Roopa Rani is legal and justified ? If not, to what relief the workman is entitled to? ‘

The reference is numbered in this Tribunal as I.D. No 9/2017 and notices were issued to the parties concerned.

2. After filing claim statement Petitioner remained absent. Despite sufficient opportunity accorded to

him, the Petitioner did not adduce any evidence to substantiate his claim. Perused the record. Since the Petitioner

has not substantiated his claim by any evidence, therefore, a ‘No-claim’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 3rd day of

January, 2025.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

440

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

नई दिल्ली, 27 िनवरी, 2025

का.आ. 150.—औद्योजगक जववाि अजिजन म (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री सरकार

जनिेिक, राष्ट्री ृोषण संस्ट् ान, िमाई ओरमाजन ा, तरनाका, िजिरािाि, के प्रिंितंत्र के संिद्ध जन ोिकों और

श्री ृी. साईिािा, कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल -

िजिरािाि ृंचाट (संिभव सं्‍ ा LC 145/2013) को िजसा दक अनुलग्नक में दि ा ा ग ा िज, प्रकाजित करती िज िो केन्द्री

सरकार को सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-42025-07-2025-36-vkbZ vkj (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 150.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 145/2013) of the Central Government Industrial

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

employers in relation to The Director, National Institute of Nutrition, Jamai Ormania, Tarnaka, Hyderabad,

and Shri P. Saibaba, Worker, which was received along with soft copy of the award by the Central Government

on 27.01.2025.

[No. L-42025-07-2025-36- IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 31st day of December, 2024

INDUSTRIAL DISPUTE LC No.145/2013

Between:

P. Saibaba, S/o Kondaiah,

Aged about 26 years,

Occ: Casual Labourer,

National Institute of Nutrition,

Jamai Osmania, Tarnaka,

Hyderabad.

..….Petitioner

AND

National Institute of Nutrition,

Rep by its Director,

Jamai Ormania, Tarnaka,

Hyderabad-07.

… Respondents

Appearances:

For the Petitioner:

B. Pavan Kumar, Advocate

For the Respondent:

Narasimha Sharma, Advocate of R1

Dr K K H M Syam Sundar, Advocate of R4

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

441

AWARD

Sri P. Saibaba, who worked as Contract Labourer (who will be referred to as the workman) has filed this

petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents to declare the so-called

Contract invoked by the respondents as bogus, sham, ruse and camouflage only to deny the rightful benefits to the

petitioners both in terms of payment of minimum wages and in terms of their eligibility for grant of regularization,

while declaring the oral termination of the services of the petitioners as illegal, arbitrary and violative of Section 25-F

of the Industrial Disputes Act and that their actions are unfair labour practices as defined under the I.D Act and

Section 25-T, U and Schedule-V of the ID Act and as such consequently declare that the petitioner is the casual

labourer of the respondent organization and the termination of the petitioner is bad in law, arbitrary and violative of

Section 25-F of the ID Act and consequently declare that the petitioner is entitled for reinstatement with back wages

and eligible for grant of regularization and be pleased to pass such other order or orders as this Hon'ble Tribunal may

deem fit.

2. On the date fixed for Petitioner’s evidence, Petitioner called absent. Despite providing sufficient

opportunity Petitioner did not adduce any evidence to substantiate his claim. Therefore, a ‘No claim’ award is

passed for want of evidence.

Award is passed accordingly. Transmit.

Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 31st day of

December, 2024.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 27 िनवरी, 2025

का.आ. 151.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार जनिेिक, राष्ट्री ृोषण संस्ट् ान, िमाई ओरमाजन ा, तरनाका, िजिरािाि, के प्रिंितंत्र के संिद्ध जन ोिकों और

श्री टी. जिविंकर, कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल -

िजिरािाि ृंचाट (संिभव सं्‍ ा LC 146/2013) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री

सरकार को सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ

[सं. ,y-42025-07-2025-35-vkbZ vkj (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 151.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 146/2013) of the Central Government Industrial

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

employers in relation to The Director, National Institute of Nutrition, Jamai Ormania, Tarnaka, Hyderabad,

and Shri T. Shivashankar, Worker, which was received along with soft copy of the award by the Central

Government on 27.01.2025.

[No. L-42025-07-2025-35- IR (DU)]

DILIP KUMAR, Under Secy.

442

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 31st day of December, 2024

INDUSTRIAL DISPUTE LC No. 146/2013

Between:

T. Shivashankar, S/o Siddiraju,

Aged about 30 years,

Occ: Casual Labourer,

National Institute of Nutrition,

Jamai Osmania, Tarnaka,

Hyderabad.

..….Petitioner

AND

National Institute of Nutrition,

Rep by its Director,

Jamai Ormania, Tarnaka,

Hyderabad-07.

… Respondents

Appearances:

For the Petitioner:

T. Poorrna Chanderr Rao, Advocate

For the Respondent:

Narasimha Sharma, Advocate of R1

Dr K K H M Syam Sundar, Advocate of R4

AWARD

Sri T. Shivashankar, who worked as Contract Labourer (who will be referred to as the workman) has filed

this petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents to declare the so-called

Contract invoked by the respondents as bogus, sham, ruse and camouflage only to deny the rightful benefits to the

petitioners both in terms of payment of minimum wages and in terms of their eligibility for grant of regularization,

while declaring the oral termination of the services of the petitioners as illegal, arbitrary and violative of Section 25-F

of the Industrial Disputes Act and that their actions are unfair labour practices as defined under the I.D Act and

Section 25-T, U and Schedule-V of the ID Act and as such consequently declare that the petitioner is the casual

labourer of the respondent organization and the termination of the petitioner is bad in law, arbitrary and violative of

Section 25-F of the ID Act and consequently declare that the petitioner is entitled for reinstatement with back wages

and eligible for grant of regularization and be pleased to pass such other order or orders as this Hon'ble Tribunal may

deem fit.

2. On the date fixed for Petitioner’s evidence, Petitioner called absent. Despite providing sufficient

opportunity Petitioner did not adduce any evidence to substantiate his claim. Therefore, a ‘No claim’ award is

passed for want of evidence.

Award is passed accordingly. Transmit.

Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 31st day of

December, 2024.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

443

नई दिल्ली, 27 िनवरी, 2025

का.आ. 152.—औद्योजगक जववाि अजिजन म, 1947 (1947 का 14) की िारा 17 के अनुसरण में, केन्द्री

सरकार जनिेिक, राष्ट्री ृोषण संस्ट् ान, िमाई ओरमाजन ा, तरनाका, िजिरािाि, के प्रिंितंत्र के संिद्ध जन ोिकों और

श्री िे. स्ट्वामी, कामगार, के िीच अनुिंि में जनर्िवष्ट केन्द्री सरकार औद्योजगक अजिकरण- सि-श्रम न् ा ाल - िजिरािाि

ृंचाट (संिभव सं्‍ ा LC 148/2013) को िजसा दक अनुलग्नक में दि ा ा ग ा िज,प्रकाजित करती िज िो केन्द्री सरकार को

सॉफ्ट कॉृी के सा 27.01.2025 को प्राप्त हुआ ा l

[सं. ,y-42025-07-2025-34-vkbZ vkj (डी ू)]

दिलीृ कुमार, अवर सजचव

New Delhi, the 27th January, 2025

S.O. 152.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. ID. No. LC 148/2013) of the Central Government Industrial

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

employers in relation to The Director, National Institute of Nutrition, Jamai Ormania, Tarnaka, Hyderabad,

and Shri J. Swamy, Worker, which was received along with soft copy of the award by the Central Government

on 27.01.2025.

[No. L-42025-07-2025-34- IR (DU)]

DILIP KUMAR, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT

HYDERABAD

Present: - Sri IRFAN QAMAR

Presiding Officer

Dated the 31st day of December, 2024

INDUSTRIAL DISPUTE LC No.148/2013

Between:

J. Swamy, S/o Late Narsaiah,

Aged about 55 years,

Occ: Casual Labourer,

National Institute of Nutrition,

Jamai Osmania, Tarnaka,

Hyderabad.

..….Petitioner

AND

National Institute of Nutrition,

Rep by its Director,

Jamai Ormania, Tarnaka,

Hyderabad-07.

… Respondents

Appearances:

For the Petitioner:

T. Poorrna Chanderr Rao, Advocate

For the Respondent:

Narasimha Sharma, Advocate of R1

Dr K K H M Syam Sundar, Advocate of R4

444

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

AWARD

Sri J. Swamy, who worked as Contract Labourer (who will be referred to as the workman) has filed this

petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents to declare the so-called

Contract invoked by the respondents as bogus, sham, ruse and camouflage only to deny the rightful benefits to the

petitioners both in terms of payment of minimum wages and in terms of their eligibility for grant of regularization,

while declaring the oral termination of the services of the petitioners as illegal, arbitrary and violative of Section 25-F

of the Industrial Disputes Act and that their actions are unfair labour practices as defined under the I.D Act and

Section 25-T, U and Schedule-V of the ID Act and as such consequently declare that the petitioner is the casual

labourer of the respondent organization and the termination of the petitioner is bad in law, arbitrary and violative of

Section 25-F of the ID Act and consequently declare that the petitioner is entitled for reinstatement with back wages

and eligible for grant of regularization and be pleased to pass such other order or orders as this Hon'ble Tribunal may

deem fit.

2. On the date fixed for Petitioner’s evidence, Petitioner called absent. Despite providing sufficient

opportunity Petitioner did not adduce any evidence to substantiate his claim. Therefore, a ‘No claim’ award is

passed for want of evidence.

Award is passed accordingly. Transmit.

Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 31st day of

December, 2024.

IRFAN QAMAR, Presiding Officer

Appendix of evidence

Witnesses examined for the

Witnesses examined for the

Petitioner

Respondent

NIL

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 28 िनवरी, 2025

का.आ. 153.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

–

सि

–

Je U;k;ky; नं. II] नई दिल्ली ds iapkV

(आई डी नम्िर 188/2019) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 27@01@2025 dks izkIr gqvk

FkkA

[सं. ,y-22011/39/2019-vkbZ- vkj- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 28th January, 2025

S.O. 153.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (ID No. 188/2019) of the Central Government Industrial Tribunal-cum-

Labour Court N0.II, New Delhi as shown in the Annexure, in the industrial dispute between the Management of

Food Corporation of India and their workmen, received by the Central Government on 27/01/2025.

[No. L-22011/39/2019 – IR (CM-II)]

MANIKANDAN. N, Dy. Director

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

445

ANNEXURE

BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO-II, NEW DELHI

ID.No. 188/2019

The Vice-President,

FCI Handling Worker Union,

8651, Arakashan Road Phar Ganj, New Delhi-110055.

VERSUS

The Area Manager,

Food Corporation of India,

R.K. Tower, 3rd Floor, Pilibhit Bypass,

Bareilly, Uttar Pradesh-243001.

Appearance

For claimants: None.

For respondent: Sh. Pankaj Kumar, Proxy counsel.

AWARD

The appropriate Government has sent the reference refer dated 28.06.2019 to this tribunal for adjudication in

the following words:

“Whether the action of the Area Manager, FCI, Bareilly is not implementing the order of gang formation

issued in year 2014 and issued another order dated 2016 is fair and justified, if not, than what remedy lies

with the Union and what other Directions are necessary with.”

After receiving the said reference, notice was issued to both the parties. Both the parties have appeared.

Claimant has filed his claim statement, stating that he was Sh. Ram Ikbal Singh and Sh. Sunil Prasad Singh were

sardars in the gangs formed by Divisional Manager, FCI in CB Ganj depot Bareilly, U.P. on 19.06.2004. The rival

union challenged the action of Divisional Manager on the ground that gang formation was discriminatory and other

senior workers are left out. The District Manager vide letter dated 24.06.2004 issued to Assistant Manager, FCI

ordered that formation of four gangs may be kept in abeyance till further orders. The Area Manager, FCI, Bareilly

vide order dated 07.01.2006 formed a three member committee to investigate the dispute and submit

recommendations. After hearing other union and considering relevant documents the committee submits its report on

10.01.2006. On the basis of recommendations of three-member committee and considering all representations four

gangs were formed by Area Manager in the CB Ganj depot vide order dated 29.01.2007 restoring the gangs formed

earlier on 19.06.2004. However, the Area Manager vide order datd 03.02.2007 again kept the above order dated

29.01.2007 in abeyance. Meanwhile the affected workers and also depot manager time and again made submissions

for restoring the gangs formed earlier in larger public interest. A letter of local representatives of this union submitted

a detailed list of workers of the CB Ganj Depot vide representation dated 16.01.2014 in the meeting held on

17.01.2014 in Regional Office, FCI, Lucknow. The General Manager (Region), FCI, Lucknow forwarding

representation dated 16.01.2014 vide letter dated 07.02.2014 to Area Manager, FCI, Bareilly directed for

reorganization of gangs as per FCI Headquarters’directions. Four gangs were accordingly formed and Area Manager

was informed vide Asstt. General Manager letter dated 28.05.2014. The reorganization of four gangs and order dated

07.02.2014 and dated 28.05.2014 were not implemented by the Area Manager without any reason. FCI management

delayed formation of gangs by way of various tactics depriving our members the financial benefits and causing

injustice and agony. Hence, he has filed the present claim with the prayer that direct to Area Manager to implement

order dated 07.02.2014 and dated 28.05.2014 from FCI Headquarters for restoration of gangs which were kept in

abeyance.

WS has been filed by the management. He denies the averment made in his claim statement. He also submits

that the prayer made in statement of claim is misconceived and travels beyond the schedule/reference and is devoid of

merit and deserves to be dismissed.

After completion of the pleadings, following issues have been framed vide order dated 23.03.2021:-

1. If the proceeding is maintainable.

2. If the action of the management in not implementing the order of Gang formation issued in the year 2014 is

legal and proper.

446

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

3. If the order of management issued in this regard in 2016 in suppression of the earlier order is justified.

4. To what relief the claimant/union is entitled to.

Now, the matter is listed for workman evidence. Claimant is not appearing since long to substantiate his

claim, inspite of providing a number of opportunities.

In these circumstances, when the claimant has not been appearing since long to substantiate his claim, it

appears that he is not interested to pursue his case. His claim stands dismissed. Reference is answered accordingly. A

copy of this award is sent to the appropriate government for notification as required under section 17 of the ID act

1947. File is consigned to record room.

ATUL KUMAR GARG, Presiding Officer

Date: 25.11.2024

नई दिल्ली, 28 िनवरी, 2025

का.आ. 154.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

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

fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k

–

सि

–

Je U;k;ky;] ि ृुर ds iapkV (ृिचान

la[;k 2/2007) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 27@01@2025 dks izkIr gqvk FkkA

[सं. ,y-22012/177/2005-vkbZ-vkj- (सी.एम-II)]

मजणकंिन.एन, उृ जनिेिक

New Delhi, the 28th January, 2025

S.O. 154.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (ID. No. 2/2007) of the Central Government Industrial Tribunal-cum-

Labour Court, Jaipur as shown in the Annexure, in the industrial dispute between the Management of Food

Corporation of India and their workmen, received by the Central Government on 27/01/2025.

[No. L-22012/177/2005– IR (CM-II)]

MANIKANDAN. N, Dy. Director

vuqyXud

dsUnzh; ljdkj vkS|ksfxd vf/kdj.k ,oa Je U;k;ky;] t;iqj

ihBklhu vf/kdkjh

jk/kk eksgu prqosZnh

lh-th-vkbZ-Vh- izdj.k la- 2@2007

Reference No. L-22012/177/2005-IR (CM-II) Dated:11.07.2006

vkseizdk'k lSuh iq= Jh nsoh lgk; lSuh] fuoklh& cj[ksMk] rglhy o ftyk& vyoj jkt-

---------izkFkhZ

cuke

{ks=h; izca/kd] Hkkjrh; [kk| fuxe] usg: Iysl] Vksad jksM] t;iqj ¼jkt-½

-----vizkFkhZ@foi{kh

mifLFkr%&

izkFkhZ dh vksj ls % dksbZ mifLFkr ughaA

vizkFkhZ dh vksj ls % Jh lqjsUnz flag ¼ukyksV½] vfHkHkk"kdA

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

447

% vf/kfu.kZ; %

fnukad % 08-08-2024

1- Je ,oa fu;kstu ea=ky; Hkkjr ljdkj ubZ fnYyh }kjk fnukad 11-07-2006 dks vkS|ksfxd fookn vf/kfu;e 1947

¼ftls vkxs ek= vf/kfu;e dgk tk;sxk½ dh /kkjk 10 ¼1½ ¼Mh½ ,oa 2A ds vUrxZr iznRr 'kfDr;ks ds vuqlj.k esa

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

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

Om Prakash Saini w.e.f. 16.12.2003 is legal and justified? If not, to what relief the workman is entitled

to?’’

2- fnukad 17-08-2007 dks izkFkhZ us vius nkos dk vfHkdFku izLrqr fd;kA izkFkhZ dk dFku gS fd foi{kh us fnukad 08-

06-2002 dks izkFkhZ dks fngkMh etnwjh ij fu;qfDr nh Fkh vkSj rc ls gh prqFkZ Js.kh deZpkjh in dk iw.kZ dkyhu

dk;Z fy;k tkus yxkA izkFkhZ us fnukad 08-06-2002 ls 16-12-2003 rd viuh lsok;s nhA fnukad 16-12-2003 dks

foi{kh us fcuk dksbZ dkj.k crk;s lsok ls i`Fkd dj fn;kA izkFkhZ dks 60@&:- nSfud dh nj ls ekfld Hkqxrku

fd;k tkrk FkkA lsok i`Fkd djus ls iwoZ izkFkhZ dks dksbZ uksfVl] uksfVl osru ,oa uksfVl eqvkots dk Hkqxrku ugha

fd;k x;kA foi{kh dk ;g d`R; vf/kfu;e dh /kkjk 25 F dk mYya?ku gSA izkFkhZ us vius dk;Zdky esa 240 fnu

ls vf/kd dk;Z fd;kA foi{kh us izkFkhZ dks lsok i`Fkd djus ds ckn mlls dfu"B O;fDr;ksa dks fu;qDr fd;k tks

vf/kfu;e dh /kkjk 25 H ds foijhr gSA vr% okn Lohdkj dj foi{kh }kjk dh xbZ ekSf[kd lsok lekfIr dh

dk;Zokgh dks voS/k ?kksf"kr dj lsok esa fujarjrk vkSj foxr osru ifjykHkksa lfgr izkFkhZ dks lsok esa cgky fd;k

tkosA

3- fnukad 21-12-2009 dks foi{kh dh vksj ls oknksRrj izLrqr fd;k x;kA foi{kh dk dFku gS fd u rks mUgksusa izkFkhZ

dks fu;qfDr nh] u gh lsokeqDr fd;kA blfy, izkFkhZ vkSj foi{kh ds e/; deZdkj vkSj fu;ksDrk dk laca/k ugha gSA

foi{kh ds v/khu izkFkhZ }kjk lsokeqfDr dh frfFk ls iwoZorhZ 12 eghuksa dh vof/k esa 240 fnu dk;Z fd;k tkuk fl}

djus dk Hkkj izkFkhZ ij gSA foi{kh us izkFkhZ dks dksbZ osru Hkqxrku ugha fd;kA ,slh fLFkfr esa /kkjk 25 F ds

izko/kkuksa dk vuqikyu djus dk iz’u mRiUu gh ugha gksrkA izkFkhZ ls dfu"B O;fDr dks fu;qDr fd;s tkus dk dksbZ

volj mRiUu ugha gqvk D;ksafd izkFkhZ dks gh fu;qfDr ugha nh xbZA vr% okn fujLr fd;k tkosA

4- fnukad 21-05-2010 dks izkFkhZ us foi{kh ds oknksRrj dk [k.Mu djrs gq;s vfrfjDr dFku izLrqr fd;s gaS] vkSj okn

Lohdkj djus dk fuosnu fd;k gSA

5- rRi’pkr fnukad 10-12-2015 dks foi{kh us vius oknksRrj esa la'kks/ku djrs gq;s ;g dgk gS fd izkFkhZ }kjk izLrqr

dfri; izys[k ewy :Ik esa izLrqr ugha gq;s gS vkSj bu i=ksa dks izkFkhZ us Lo;a gh dwV jfpr fd;k gSA bu izys[kks

ls ;g izdV ugha gksrk fd izkFkhZ fuxe dk deZpkjh gSA fnukad 30-01-2002 ls 29-01-2004 rd foi{kh laLFkku ds

xksnke esa yksfMx@vuyksfMx dke ds fy;s ohjcy uke ds Bsdsnkj dk Bsdk jgk gSA mDr Bsdsnkj dk izkFkhZ

deZpkjh jgk gks vkSj mlus Hkfo"; fuf/k ;kstuk esa va'knku fd;k gks] ;g laHko gSA

6- izkFkhZ us la’kksf/kr oknksRrj dk Hkh la’kksf/kr vfrfjDr dFku izLrqr fd;k gS] vkSj ;g dgk fd izkFkhZ dk Hkfo"; fuf/k

va’knku foi{kh }kjk gh dkVk x;kA

7- izkFkhZ us vius lk{; esa Lo;a izkFkhZ vkseizdk'k lSuh dks ijhf{kr fd;k vkSj izys[kh; lk{; esa izn'kZ& 1 ls 3 rd

izys[k iznf'kZr fd;sA

8- foi{kh us vius lk{; esa Jh egsUnz flag] e.My izca/kd dk lk{; 'kiFk i= fnukad 16-07-2019 dk izLrqr fd;kA

izys[kh; lk{; esa izn’kZ M&1] iznf'kZr fd;kA mYys[kuh; gS fd foi{kh lk{kh egsUnz flag ls izkFkhZ i{k us fnukad

16-07-2019 ds mijkar 12-10-2021 rd volj fn;s tkus ds mijkar Hkh izfrijh{kk ugha dhA fnukad 12-10-2021 dks

pwafd izkFkhZ dks vafre volj Hkh iwoZ esa fn;s tk pqds Fks] foi{kh lk{kh egsUnz flag ls izkFkhZ }kjk izfrijh{kk dk

volj lekIr dj fn;k x;kA rnqijkar izkFkhZ bl izdj.k esa yxkrkj vuqifLFkr jgkA varr% fnukad 25-07-2024

dks foi{kh ds vfHkHkk"kd ds ekSf[kd rdZ bl izdj.k esa lqus x;s vkSj lk{; dk ifj’khyu fd;k x;kA vfHkHkk"kd

foi{kh dk ;g rdZ gS fd izkFkhZ vkSj foi{kh laLFkku ds e/; fu;kstd vkSj deZdkj dk laca/k ugha gSA izkFkhZ vius

lk{; ls ;g izekf.kr ugha dj ldk gS fd foi{kh laLFkku us mls fdlh izdkj fu;qDr fd;k gks rFkk lsokeqfDr ds

iwoZorhZ ,d o"kZ dh vof/k esa 240 fnu ls vf/kd dk;Z fd;k gSA izn'kZ M&1] lgk;d Je vk;qDr ¼dsUnzh;½ t;iqj

}kjk tkjh vuqKk i= dh vksj /;ku vkd`"V djrs gq;s mudk ;g rdZ gS fd ohjcy uke ds Bsdsnkj dks foi{kh

laLFkku us dk;Z djus gsrq fnukad 30-01-2002 dks ;g vuqKk i= tkjh fd;k x;k Fkk] ftls 2-01-2004 rd

uohuhd`r fd;k x;kA blh Bsdsnkj ds v/khu laHkor% izkFkhZ us dk;Z fd;k gksxk] ftlds Hkfo"; fuf/k ds vafre

Hkqxrku gsrq foi{kh us iz/kku fu;kstd gksus ds dkj.k izkFkZuk i= dks Hkfo"; fuf/k laxBu dks vxzsf"kr fd;k gSA bl

i= ds lkFk layXu izn'kZ&2] izkFkhZ ds izkFkZuk i= esa izkFkhZ Lo;a us ;g fy[kk gS fd lsok NksMus dk dkj.k

LoSfPNd vk/kkj ij NksM+uk gSA blfy;s izkFkhZ ;g ugha dg ldrk fd mls foi{kh laLFkku us fnukad 16-12-2003

dks lsokeqDr fd;k gksA izkFkhZ us viuh izfrijh{kk esa Lohdkj fd;k gS fd mlus mifLFkfr dk dksbZ fjdkMZ ;k osru

izkIr djus dk dksbZ izek.k izLrqr ugha fd;k gSA blfy;s izkFkhZ foi{kh ls dksbZ vuqrks"k ugha ik ldrkA vr% okn

fujLr fd;k tkosA

448

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

9- mUgkasus vius rdZ ds leFkZu esa fuEukfdar U;kf;d n`"Vkar izLrqr fd;s%&

1- lqjsUnz uxj fMLVªfjDV iapk;r cuke xaxkcsu ykyth HkkbZ o vU; ¼2006½ 9 SSC 132A

2- lsdzsVjh LVSV vkWQ dukZVd o vU; cuke mek nsoh ¼2006½ 4 SSC 1A

3- E;qfulhiy dksiksZjs'ku Qjhnkckn cuke Jhfuokl flfoy vihy la- 1851@2002 ¼lqizhe dksVZ½ fu.kZ; frfFk

06-09-2004A

4- LVsV vkWQ fgekpy izns'k cuke lqjs'k dqekj oekZ o vU; 1996 ¼lqizhe dksVZ½ 562A

5- jsat QksjsLV vkWQhlj cuke ,l- Vh- gknheuh flfoy vihy la- 1283@2002 fu.kZ; frfFk 15-02-2002 ¼lqizhe

dksVZ½A

10- eSaus vfHkHkk"kd foi{kh ds rdZ] lk{; ,oa U;kf;d n`"Vkarksa esa ikfjr fof/k ij /;ku iwoZd fopkj fd;kA

11- bl fookn esa fuEufyf[kr fopkj.kh; fcUnq fofu’p; gsrq mRiUu gq;s gS%&

1- D;k izkFkhZ dks foi{kh us fnukad 08-06-2002 dks nSfud osru Hkksxh ds :Ik esa fu;qDr fd;k vkSj

fnukad 16-12-2003 dks ekSf[kd :Ik ls vf/kfu;e dh /kkjk 25 F ds izko/kuksa dk mYya?ku djrs gq;s voS/k :Ik

ls lsokeqDr dj fn;k\

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

2- D;k foi{kh us izkFkhZ dks lsokeqDr djus ds mijkar mlls dfu"B O;fDr;ksa dks fu;qDr fd;k vkSj izkFkhZ dks

ojh;rk ugha nh\

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

3- vuqrks"k%&

12- fopkj.kh; fcUnqvksa ij dzfed fofu’p; bl izdkj gS%&

13- fopkj.kh; fcUnq la[;k&1

14- izkFkhZ vkseizdk'k lSuh us vius lk{; ds 'kiFk i= esa ;g dgk gS fd foi{kh us 08-06-2002 ls izkFkhZ dks fngkMh

etnwjh ij vyoj esa fu;qfDr nh vkSj mlls prqFkZ Js.kh in dk iw.kZdkfyd dk;Z fy;kA fnuakd 16-12-2003 dks

foi{kh us fcuk dksbZ dkj.k crk;s izkFkhZ dh lsok;s lekIr dj nhA lsok lekIr djus ds iwoZ dksbZ uksfVl ;k

uksfVl osru ugha fn;kA izkFkhZ vkxs dgrk gS fd fnukad 08-06-2002 ls 16-12-2003 rd ds fu;kstu dky esa

mlus 240 fnu ls vf/kd dk;Z fd;kA izkFkhZ dks mlds lsok dky ds nkSjku osru Hkqxrku fd;k x;k vkSj Hkfo";

fuf/k ;kstuk ds varxZr va’knku Hkh dkVk x;kA izkFkhZ viuh izfrijh{kk esa ;g dgrk gS fd mls dksbZ fu;qfDr i=

ugha feykA fnukad 08-06-2002 ls 16-12-2003 rd mifLFkfr dk dksbZ fjdkMZ mlus is'k ugha fd;k gSA fdarq

vk’p;Ztud :Ik ls izkFkhZ dgrk gS fd mifLFkfr dk fjdkMZ QksVks izfr;ksa ds :Ik esa mlds ikl gSA lk{kh us

izfrijh{kk ds nkSjku dfri; QksVksizfr;kWa izLrqr djuk pkgk tks vuqizekf.kr izfr ugha gS vkSj izkFkhZ }kjk Hkh

lR;kfir ugha gSA blfy;s mUgsa vfHkys[k ij Lohdkj ugha fd;k x;kA izkFkhZ us ;g Hkh dgk gS fd mls osru fn;s

tkus dk dksbZ izys[k ;k izek.k ugha gSA uxn Hkqxrku djrs Fks ftldh dksbZ jlhn ugha gksrh FkhA lk{kh bl rF;

dks vLohdkj u djrs gq;s vufHkKrk O;Dr djrk gS fd mlds dk;Z dky ds nkSjku chjoy uke ds Bsdsnkj dk

Bsdk gksA lk{; dh bl fLFkfr esa ;g Li"V gS fd izkFkhZ us Lo;a ds 'kiFk i= ds vfrfjDr mifLFkfr ,oa osru

Hkqxrku laca/kh dksbZ izys[kh; lk{; izLrqr ugha dh gSA tks dqN izys[k izn'kZ& 1 o 2 ds :Ik esa izLrqr fd;s gaS]

muds vk/kkj ij Hkh ;g izekf.kr ugha gksrk fd izkFkhZ us fnukad 08-06-2002 ls 16-12-2003 rd foi{kh ds v/khu

dk;Z fd;k gksA izn’kZ& 2 izkFkhZ }kjk izLrqr Hkfo"; fuf/k dk nkok izLrqr djus dk izi= gS tks pkj i`"Bks esa gS] vkSj

blesa dbZ LFkkuksa ij izkFkhZ ds gLrk{kj Hkh gSaA bl izi= ds dkye 6 esa lsok NksMusa dk dkj.k vkSj frfFk of.kZr

djrs gq;s izkFkhZ us ,d LFkku ij rks fnukad 16-12-2003 vafdr fd;k gS vkSj nwljs LFkku ij 01-12-2003 fy[kk gSA

lokZf/kd egRoiw.kZ ;g gS fd lsok NksMusa dk dkj.k LpsfPNd vk/kkj ij lsok NksMuk izkFkhZ Lo;a us fy[kk gSA bl

izdkj izkFkhZ Lo;a viuh LohdkjksfDr dks fdlh Hkh izdkj [kf.Mr ugha dj ldrk gSA izkFkhZ Lo;a us viuh bPNk ls

ukSdjh NksMuk of.kZr fd;k gSA

15- bl vf/kdj.k }kjk fnukad 30-07-2010 dks izkFkhZ ds izkFkZuk i= ij vkns’k nsrs gq;s foi{kh dks ;g funsZ'k fn;k gS

fd mifLFkfr iaftdk vkSj Hkfo"; fuf/k va’knku laca/kh vfHkys[k tks fd izkFkhZ ls lacaf/kr gkas] lqlaxr gSa ;fn ;g

vfHkys[k foi{kh ds vf/kiR; vkSj 'kfDr esa u gks ;k vfLrRo esa u gks rks foi{kh bl laca/k esa viuk 'kiFk i=

izLrqr djsA bl vkns'k ds vuqikyu esa fnukad 21-12-2010 dks foi{kh dh vksj ls {ks=h; izca/kd Jh lq[kjke eh.kk

dk 'kiFk i= izLrqr fd;k x;k gSA bl 'kiFk i= esa ;g of.kZr gS fd pwfda izkFkhZ dks foi{kh }kjk dHkh fu;qfDr

iznku ugha dh xbZ] u gh lsokeqDr fd;k x;k blfy, izkFkhZ dh ukSdjh ls lacaf/kr nLrkost foi{kh ds ikl

miyC/k ugha gSA bl 'kiFk i= ds mijkar izkFkhZ ls ;g vis{kk jgh fd og osru Hkqxrku ds ;k mifLFkfr ds laca/k

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

449

esa dksbZ vU; izys[kh; lk{; ;k foi{kh ds v/khu dk;Z djus ds laca/k esa fdlh O;fDr dh ekSf[kd lk{; vius

dFku ds leFkZu esa izLrqr djrk] ysfdu izkFkhZ us foi{kh ds v/khu fu;qDr gksus vkSj 240 fnu ls vf/kd dk;Z

djus ds laca/k esa dksbZ fo’oluh; izys[kh; lk{; izLrqr ugha dh] u gh osru Hkqxrku fd;k tkuk izekf.kr fd;kA

tcfd izn’kZ&3] jktLFkku xzkeh.k cSad dh iklcqd ds vuqlkj og cSad esa viuk [kkrk Hkh la/kkfjr djrk FkkA

16- ekuuh; loksZPp U;k;ky; us vius fu.kZ;ksa lqjsUnz uxj fMLVªfjDV iapk;r cuke xaxkcsu ykyth HkkbZ o vU;] jsat

QksjsLV vkWQhlj cuke ,l- Vh- gknheuh rFkk E;qfulhiy dksiksZjs'ku Qjhnkckn cuke Jhfuokl esa ;g ekxZn'kZu

fn;k gS fd fu;kstd ds v/khu ,d o"kZ dh vof/k esa 240 fnu yxkrkj dk;Z djus ds rF; dks izekf.kr djus dk

fl}hHkkj deZdkj ij gh gSA mls Lo;a dks ijhf{kr djus ds vfrfjDr fu;kstu dk rF; izekf.kr djus ds fy,

fo'oluh; lk{; izLrqr djuh gksxh] ek= Lo;a dk 'kiFk i= bl gsrq Ik;kZIr ugha gSA osru Hkqxrku izkIr djus

laca/kh dksbZ vfHkys[k izLrqr u fd;k tkuk izkFkhZ ds i{k dks fucZy djrk gSA bl fof/k ds izdk’k esa ;g Li"V gS

fd izkFkhZ ml ij vkjksfir fl}hHkkj dk mUekspu djus esa foQy jgk gSA

17- ;gk ;g mYys[k fd;k tkuk lqlaxr gS fd foi{kh lk{kh egsUnz flag ls dksbZ izfrijh{kk izkFkhZ }kjk u fd;s tkus ds

dkj.k egsUnz flag ds dFku izfrijh{kk ds vHkko esa v[kf.Mr lk{; ds :Ik esa fo|eku gSA egsUnz flag us Li"V :Ik

ls dgk gS fd izkFkhZ foi{kh }kjk u rks fu;qDr fd;k x;k vkSj u gh lsokeqDrA izkFkhZ foi{kh laLFkku dk deZpkjh

ugha Fkk u gh mls osru Hkqxrku fd;k x;kA izkFkhZ ohjcyjke Bsdsnkj dk deZpkjh laHkor% jgk gS] vkSj mlh ds

v/khu mlh ds }kjk Hkfo"; fuf/k va’knku dkVk x;k gksxkA ftldk fu;kstu izkFkhZ us LosPNk ls NksMkA

18- Lkk{; ds bl lexz foospu ds mijkar izkFkhZ foi{kh ds v/khu fnukad 08-06-2002 nSfud osru Hkksxh ds :Ik esa

fu;qDr fd;k tkuk vkSj foi{kh ds v/khu 240 fnu ls vf/kd dk;Z djus dk rF; izekf.kr ugha dj ldk gSA

blfy;s ;g fcUnq izkFkhZ ds fo:} fu.khZr fd;k tkrk gSA

19- fopkj.kh; fcUnq la[;k&2

20- izkFkhZ us vius 'kiFk i= esa ;g dgk gS fd izkFkhZ dks lsokeqDr djus ds okn] ckn esa j[ks x;s Jfedksa dks foi{kh us

dk;Z ij j[kk fdarq izkFkhZ ls dfu"B Jfedksa dks foi{kh }kjk ukSdjh esa j[kk x;k gks bl laca/k esa izkFkhZ us mlls

dfu"B Jfedksa dks foi{kh }kjk fu;qDr fd;s tkus laca/kh dksbZ lk{; ;Fkk mu Jfedksa ds uke ,oa fu;qfDr frfFk

of.kZr gh ugha dh gSA ,slh fLFkfr esa ;g izekf.kr ugha ekuk tk ldrk fd izkFkhZ dks lsokeqDr fd;s tkus ds

mijkar izkFkhZ ls dfu"B O;fDr;ksa dks foi{kh }kjk fu;ksftr fd;k x;k ;k lsokjr j[kk gksA vr% ;g fcUnq izkFkhZ ds

fo:} fu.khZr fd;k tkrk gSA

21- vuqrks"k%&

22- fopkj.kh; fcUnq la[;k 1 o 2 ij izkIr fu"d"kZ ds izdk’k esa ;g Li"V gS fd izkFkhZ foi{kh ds v/khu

fnukad 08-06-2002 dks fu;qDr fd;k tkuk izekf.kr ugha dj ldk gSA blfy;s izkFkhZ o foi{kh ds e/; fu;kstd o

deZdkj dk laca/k LFkkfir ugha gqvk gSA blfy;s foi{kh dfFkr lsokeqfDr ds iwoZ izkFkhZ ds laca/k esa vf/kfu;e dh

/kkjk 25 F ds izko/kkuksa dk vuqikyu djus dks fdlh izdkj ck/; ugha gSA izkFkhZ] foi{kh ls dksbZ vuqrks"k izkIr djus

dk vf/kdkjh izekf.kr ughas gksrk gSA

23- lanfHkZr fookn dk blh izdkj U;k;fu.kZ;u fd;k tkrk gSA

24- vf/kfu.kZ; dh izfrfyfi vkS|ksfxd fookn vf/kfu;e] 1947 dh /kkjk 17 ¼1½ ds vuqlj.k esa izdk'kukFkZ izsf'kr dh

tkosaA

25- U;k;ky; }kjk vf/kfu.kZ; vkt fnukad 08-08-2024 dks lquk;k x;kA

jk/kkeksgu prqosZnh] ihBklhu vf/kdkjh

नई दिल्ली, 29 िनवरी, 2025

का.आ. 155.—vkS?kksfxd fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj

केनरा िैंक ds izca/kr=] lac) fu;kstdks vkSj muds कमवकार श्री जविाल मान ds chp vuqca/k esa fufnZ’V vkS?kksfxd fookn esa

dsUnzh; ljdkj vkS?kksfxd vf/kdj.k@Je U;k;ky;] चंडीगढ़ -2 ds iapkV (102/2018) izdkf”kr djrh gSA

[सं. ,y-39025/01/2024-vkbZ vkj (ch- II)-50]

सलोनी, उृ जनिेिक

New Delhi, the 29th January, 2025

S.O. 155.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. 102/2018) of the Central Government Industrial Tribunal-cum-

Labour Court Chandigarh-2 as shown in the Annexure, in the industrial dispute between the management of Canara

Bank and Sh. Vishal Mann.

[No. L-39025/01/2024-IR(B-II)-50]

SALONI, Dy. Director

450

THE GAZETTE OF INDIA :FEBRUARY 1, 2025/MAGHA 12, 1946

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR

COURT-II, CHANDIGARH.

Present: Mr. Kamal Kant, Presiding Officer.

ID No. 102/2018

Registered on:-17.01.2019

Sh. Vishal Mann S/o Sh. Jaswant Singh Mann, R/o VPO Gogripur, District Karnal.

........Workman

Versus

1. Canara Bank, Head Office at Plot No.112, J.C. Road, Town Hall Junction, Bangalore, Karnataka

through its General Manger(HR).

2. The Deputy General manager, Canara Bank, Circle Office, Bay No.17-18, Sector 12, Karnal 132001.

3. The Branch Manager, Canara Bank, AT & Post Gonder, District Karnal-132052.

...... Respondents/Management

AWARD

Passed On:-29.07.2024

1. The workman Vishal Mann has directly filed the present claim petition under Section 2-A of the Industrial

Disputes Act, 1947(hereinafter called as ‘Act’) with the averment that he was employed as Clerk in the Bank and he

was posted at Village Gonder(Karnal) Branch from 31.01.2014. The workman was placed under suspension vide

order dated 19.12.2014 on account of various irregularities as leveled in the charge-sheet. The workman was issued

the charge-sheet on 16.07.2015 levelling the various charges on account of irregularities which are fully mentioned in

para 2 of the claim.

2. The workman filed reply to the alleged charges submitting therein that he has not committed any misconduct or

any unauthorized act and the allegations that the workman has committed fraud on the bank and customers is without

basis. A regular enquiry was held into the charges leveled against the workman. Accordingly, Sri Shanker Lal, Chief

Manager(IR), NIRC, RO Delhi was appointed as Enquiry Officer vide letter dated 15.09.2015. The Enquiry Officer

so appointed has conducted an enquiry on 17.11.2015 and 18.03.2016 in which the workman participated with his

defence representative. The Enquiry Officer vide his Enquiry Report dated 22.04.2016 submitted his findings, copy of

which was received by the workman. The punishing authority i.e. Deputy General Manager, Regional Office,

Chandigarh on the basis of enquiry report served a show cause notice on 28.07.2016(Annexure A-2) vide which the

punishment of “Dismissal without Notice” to the workman alleging the misconduct causing loss to the bank and fraud

by him. The punishing authority vide order dated 25.10.2016 dismissed the services of workman(Annexure A-3). The

workman filed an appeal dated 14.12.2016(Annexure A-4) against the dismissal order dated 25.10.2016(Annexure A-

3) before the appellate-authority i.e. General Manager. The said appeal was decided by the appellate-authority vide

order dated 07.06.2017(Annexure A-5). The appellate-authority without discussing the points raised by the workman

and without considering the submissions and contention made by the workman dismissed the appeal of the workman.

The workman served a demand notice to the respondent-bank under Section 2-A of the Act(Annexure A-6). During

the conciliation proceeding before the ALC(C)Karnal, the respondent-bank filed the reply on 13.02.2018(Annexure

A-7). It is therefore, respectfully prayed that the order dated 25.10.2016(Annexure A-3) and order passed by the

appellate-authority dated 07.06.2017(Annexure A-5) may kindly be quashed and set aside and the workman be

reinstated in service with full back wages along with consequential benefits.

3. The management filed written statement, alleging therein that the workman was involved in fraudulent

unauthorized acts and have committed fraud on the bank as well as customers and tarnishing the image of the bank.

He was served with a charge-sheet to this effect and a proper inquiry was held after hearing the workman. The

enquiry officer gave its finding and thereafter the disciplinary authority dismissed the services of the workman on

25.10.2016(Annexure A-3) and the workman filed an appeal on 14.12.2016(Annexure A-4) against the said order

which was also dismissed by the appellate-authority vide order dated 07.06.2017(Annexure A-5). In view of

submission made above, it is maintained that the claim of the workman may be dismissed with costs.

4. The case was fixed for evidence of workman by my Ld. Predecessor on 04.05.2021 and case remained pending

for filing affidavit by the workman on various dates since 15.07.2021, 10.09.2021, 29.10.2021/02.11.2021,

27.12.2021, 17.05.2022, 20,07.2022, 25.01.2023, 22.03.2023, 10.07.2023, 01.09.2023, 07.11.2023, 31.01.2024,

26.04.2024 and 25.07.2024. However, workman did not appear on any date. Therefore, last opportunity was granted

to the workman on 26.04.2024 and on that date also workman did not appear which makes out that the workman was

not serious and interested to contest his case on merit.

[भाग II— ण् ड 3(ii)]

भारत का रािृत्र :फरवरी 1, 2025/माघ 12, 1946

451

5. Since the workman has neither put his appearance for long nor he has led any evidence to prove his cause against

the management and has left the case unattended for a long time without any intimation, as such, this Tribunal is left

with no choice, except to pass a ‘No Claim Award’. Accordingly, ‘No Claim Award’ is passed in the present

reference for the non-prosecution of the workman.

6. 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

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: 2025.02.13 15:25:41 +05'30'