2266 GI/2025
(1441)
रजजस्ट्री सं. डी.एल. (एन) 04/0007/2003—05
REGD. NO. D. L. (N) 04/0007/2003—05
xxxGIDHxxx
xxxGIDExxx
प्राजधकार से प्रकाजित
PUBLISHED BY AUTHORITY
साप् ताजहक
WEEKLY
सं. 13]
नई ददल् ली, अप्रैल 6—अप्रैल 12, 2025, िजनवार/चैत्र 16—चैत्र 22, 1947
No. 13]
NEW DELHI, APRIL 6—APRIL 12, 2025, SATURDAY/CHAITRA 16– CHAITRA 22, 1947
इस भाग में जभन् न ृृ् सं् या दी जाती है जजससे दक यह ृृथक संकलन के प ृ में रखा जा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भाग II—खण् ड 3—उृ-खण् ड (ii)
PART II—Section 3—Sub-section (ii)
भारत सरकार के मंत्रालयों (रक्षा मंत्रालय को छोड़कर) द्वारा जारी दकए गए सांजवजधक आदेि और अजधसूचनाएं
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
जवदेि मन्त्रालय
(सी.ृी.वी. प्रभाग)
नई ददल्ली, 1 अप्रैल, 2025
का.आ. 566.—राजनजयक और कोंसुलीय अजधकारी (िृथ एवं फीस) के अजधजनयम,1948 की धारा 2 के
खंड (क) केअनुसरण में वैधाजनक आदेि ।
एतद् द्वारा, सरकार भारत के महावाजणज्य दूतावास, हो ची जमन्ह जसटी मेेँ श्री दीृक यादव, वैयजिक सहायक,
को अप्रैल 01,2025 से सहायक कांसुलर अजधकारी के तौर ृर कांसुलर सेवाओं के जनववहन के जलए प्राजधकृत करती है।
[फा. सं. टी. 4330/01/2025(14)]
एस.आर.एच. फहमी, जनदेिक (सीृीवी)
सी.जी.-डी.एल.-सा.-19042025-262524
CG-DL-W-19042025-262524
1442
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
MINISTRY OF EXTERNAL AFFAIRS
(CPV Division)
New Delhi, the 1st April, 2025
S.O. 566.—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and fees) Act, 1948 (41 of 1048), the Central Government hereby appoints Mr. Deepak Yadav,
Personal Assistant as Assistant Consular Officer in the Consulate General of India, Ho Chi Minh City, to perform the
consular services as Assistant Consular Officer with effect from April 01, 2025.
[F. No. T. 4330/01/2025(14)]
S.R.H FAHMI, Director (CPV)
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 567.—राजनजयक और कोंसुलीय अजधकारी (िृथ एवं फीस) के अजधजनयम, 1948 की धारा 2 के खंड
(क) के अनुसरण में वैधाजनक आदेि।
एतद्द्वारा, केंद्र सरकार भारतीय उच्चायोग, लंदन में श्री दरवान ससह रावत, कजनष्ठ सजचवालय सहायक,को
अप्रैल 07,2025 से सहायक कांसुलर अजधकारी के प ृ में कांसुलर सेवाओं का जनववहन करने के जलए अजधकृत करती है।
[फा. सं. टी. 4330/01/2025(15)]
एस.आर.एच. फहमी, जनदेिक (सीृीवी)
New Delhi, the 7th April, 2025
S.O. 567.—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 Darwan Singh Rawat,
Junior Secretariat Assistant in the High Commission of India, London as Assistant Consular Officer to perform
Consular services with effect from April 07, 2025.
[F. No. T. 4330/01/2025(15)]
S.R.H FAHMI, Director (CPV)
उृभोिा मामले, खाद्य और साववजजनक जवतरण मंत्रालय
(खाद्य और साववजजनक जवतरण जवभाग)
नई ददल्ली, 27 माचव, 2025
का.आ. 568.—केन्द्रीय सरकार राजभाषा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 के जनयम
10 के उृ जनयम (4) के अनुसरण में उृभोिा मामले, खाद्य और साववजजनक जवतरण मंत्रालय (खाद्य और साववजजनक
जवतरण जवभाग) के प्रिासजनक जनयंत्रणाधीन जनम्नजलजखत कायावलयों, जजनके 80 प्रजतित या उससे अजधक कमवचारीवृन्द ने
जहन्दी का कायवसाधक ज्ञान प्राप्त कर जलया है, को राजृत्र में अजधसूजचत करती है:-
क्र.सं.
अजधसूजचत दकए जाने वाले कायावलय
1.
भारतीय खाद्य जनगम, मंडल कायावलय, तारनाका
2.
भारतीय खाद्य जनगम, मंडल कायावलय, करीमनगर
3.
भारतीय खाद्य जनगम, मंडल कायावलय, जनज़ामाबाद
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1443
4.
भारतीय खाद्य जनगम, मंडल कायावलय, नालगोंडा
5.
भारतीय खाद्य जनगम, मंडल कायावलय, वारंगल
[फा. सं. ई-11011/1/2008-सहदी(321924)]
राजेन्द्र कुमार, संयुक् त सजचव
MINISTRY OF CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION
(Department of Food & Public Distribution)
New Delhi, the 27th March, 2025
S.O. 568.—In pursuance of sub-rule (4) of Rule 10 of the Official Language (use for official purpose of the
Union) Rules, 1976, the Central Government hereby notifies the following offices under the administrative control of
the Ministry of Consumer Affairs, Food & Public Distribution (Department of Food & Public Distribution), whereof
80% or more staff have acquired the working knowledge of Hindi:
Sl. No.
Offices to be notified
1
Food Corporation of India, Divisional Office, Tarnaka
2
Food Corporation of India, Divisional Office, Karimnagar
3
Food Corporation of India, Divisional Office, Nizamabad
4
Food Corporation of India, Divisional Office, Nalgonda
5
Food Corporation of India, Divisional Office, Warangal
[F. No. E-11011/1/2008-Hindi(321924)]
RAJENDER KUMAR, Jt. Secy.
श्रम और रोजगार मंत्रालय
(जहन्दी अनुभाग)
नई ददल्ली, 25 माचव, 2025
का.आ. 569.—केंद्र सरकार, राजभाषा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 (यथा
संिोजधत, 1987) के जनयम 10 के उृ-जनयम (4) के अनुसरण में, श्रम और रोजगार मंत्रालय के प्रिासकीय जनयंत्रणाधीन
जनम्नजलजखत कायावलयों को, जजनके 80 प्रजतित से अजधक कमवचाररयों ने जहन्दी का कायवसाधक ज्ञान प्राप्त कर जलया है,
एतद् द्वारा अजधसूजचत करती है:
1. कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय, जबहार एवं झारखंड, ृटना
2. कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय, केरल एवं लक्षद्वीृ, जतवनवनंतृुरम
3. कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय, ओजडिा, भुवनेश्वर
4. कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय, आंध्र प्रदेि, जवजयवाडा
5. कमवचारी भजव्य जनजध संग न, क्षेत्रीय कायावलय, अलवर
[फा. सं. ई-11016/1/2022-रा.भा.नी]
नागेि कुमार ससह, उृमहाजनदेिक
1444
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
MINISTRY OF LABOUR AND EMPLOYMENT
(Hindi Section)
New Delhi, the 25th March, 2025
S.O. 569.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Language (Use for official purposes of
the Union) Rules, 1976 (as amended, 1987) the Central Government hereby notifies the following offices under the
administrative control of the Ministry of Labour & Employment, more than 80% Staff whereof have acquired
working knowledge of Hindi:-
1. Employees' Provident Fund Organization, Regional Office, Bihar and Jharkhand, Patna
2. Employees' Provident Fund Organization, Regional Office, Kerala and Lakshadweep, Thiruvananthapuram
3. Employees' Provident Fund Organization, Regional Office, Odisha, Bhubaneswar
4. Employees' Provident Fund Organization, Regional Office, Andhra Pradesh, Vijayawada
5. Employees' Provident Fund Organization, Regional Office, Alwar.
[F. No. E-11016/1/2022-RBN]
NAGESH KUMAR SINGH, Dy. Director General
नई ददल्ली, 25 माचव, 2025
का.आ. 570.—केंद्र सरकार, राजभाषा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 (यथा
संिोजधत, 1987) के जनयम 10 के उृ-जनयम (4) के अनुसरण में, श्रम और रोजगार मंत्रालय के प्रिासकीय जनयंत्रणाधीन
जनम्नजलजखत कायावलयों को, जजनके 80 प्रजतित से अजधक कमवचाररयों ने जहन्दी का कायवसाधक ज्ञान प्राप्त कर जलया है,
एतद्द्वारा अजधसूजचत करती है:
1. कमवचारी राज्य बीमा जनगम अस्ट्ृताल, रावाभाटा, रायृुर (छत्तीसगढ़)
2. कमवचारी राज्य बीमा जनगम उृ क्षेत्रीय कायावलय, मैसूर, (कनावटक)
[फा. सं. ई-11016/1/2022-रा.भा.नी]
नागेि कुमार ससह, उृमहाजनदेिक
New Delhi, the 25th March, 2025
S.O. 570.—In pursuance of Sub-Rule (4) of Rule 10 of the Official Language (Use for official purposes of
the Union) Rules, 1976 (as amended, 1987) the Central Government hereby notifies the following offices under the
administrative control of the Ministry of Labour & Employment, more than 80% Staff whereof have acquired
working knowledge of Hindi:-
1. Employees' State Insurance Corporation Hospital, Rawabhata, Raipur (Chhattisgarh)
2. Employees' State Insurance Corporation, Sub-Regional Office, Mysuru (Karnataka)
[F. No. E-11016/1/2022-RBN]
NAGESH KUMAR SINGH, Dy. Director General
नई ददल्ली, 25 माचव, 2025
का.आ. 571.—एतद् द्वारा भारत के राजृत्र में प्रकाजित इस मंत्रालय की ददनांक 09 माचव 2022 की समसं्यक
अजधसूचना के जहन्दी संस्ट्करण में क्रम सं्या 27 एवं 29 में तथा अंग्रेजी संस्ट्करण में क्रम सं्या 05, 11, 27 और 29 में
कायावलयों के नाम को जनम्नानुसार ृढ़ा जाए:
क्रम सं्या
के जलए
ृढ़ा जाए
27.
कमवचारी भजव्य जनजध संग न, क्षेत्रीय कायावलय,
म.प्र एवं छ.ग. भोृाल
कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय,
म.प्र एवं छ.ग. भोृाल
29.
कमवचारी भजव्य जनजध संग न, क्षेत्रीय कायावलय,
हुब्बल्ली
कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय,
हुब्बल्ली
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1445
क्रम सं्या
के जलए
ृढ़ा जाए
05
Employees‘ Provident Fund Organisation,
Chandigarh
Employees‘ Provident Fund Organisation,
Zonal Office, Chandigarh
11
Employees‘ Provident Fund Organisation,
Mumbai-II, Thane
Employees‘ Provident Fund Organisation,
Zonal Office, Mumbai-II, Thane
27
Employees‘ Provident Fund Organisation,
Regional Office, Madhya Pradesh and
Chhattisgarh, Bhopal
Employees‘ Provident Fund Organisation,
Zonal Office, Madhya Pradesh and
Chhattisgarh, Bhopal
29
Employees‘ Provident Fund Organisation,
Regional Office, Hubli
Employees‘ Provident Fund Organisation,
Zonal Office, Hubli
[फा. सं. ई-11016/1/2022-रा.भा.नी]
नागेि कुमार ससह, उृमहाजनदेिक
New Delhi, the 25th March, 2025
S.O. 571.—In this Ministry‘s notification of even number dated March 9, 2022, published in the Gazette of
India, the names of the offices in the Hindi version in serial numbers 27 and 29, and in the English version in serial
numbers 05, 11, 27, and 29 may be read as follows:
Sr.No.
For:
Read:
27.
कमवचारी भजव्य जनजध संग न, क्षेत्रीय कायावलय,
म.प्र एवं छ.ग. भोृाल
कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय,
म.प्र एवं छ.ग. भोृाल
29.
कमवचारी भजव्य जनजध संग न, क्षेत्रीय कायावलय,
हुब्बल्ली
कमवचारी भजव्य जनजध संग न, आंचजलक कायावलय,
हुब्बल्ली
Sr.No.
For:
Read:
05
Employees‘ Provident Fund Organisation,
Chandigarh
Employees‘ Provident Fund Organisation, Zonal
Office, Chandigarh
11
Employees‘ Provident Fund Organisation,
Mumbai-II, Thane
Employees‘ Provident Fund Organisation, Zonal
Office, Mumbai-II, Thane
27
Employees‘ Provident Fund Organisation,
Regional Office, Madhya Pradesh and
Chhattisgarh, Bhopal
Employees‘ Provident Fund Organisation, Zonal
Office, Madhya Pradesh and Chhattisgarh,
Bhopal
29
Employees‘ Provident Fund Organisation,
Regional Office, Hubli
Employees‘ Provident Fund Organisation, Zonal
Office, Hubli
[F. No. E-11016/1/2022-RBN]
NAGESH KUMAR SINGH, Dy. Director General
नई ददल्ली, 3 अप्रैल, 2025
का.आ. 572.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh;
ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक
fookn esa औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (vkbZ Vh dsl ua a57/1995 lh vkbZ ,l ua 47/2014)
izdkf”kr djrh gSA
[सं. ,y - 12012/130/94- vkbZ vkj (बी-I)]
सलोनी, उृ जनदेिक
1446
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 3rd April, 2025
S.O. 572.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. IT Case No.57/1995, CIS No. 47/2014) of the Indus.Tribunal-
cum-Labour Court Jaipur as shown in the Annexure, in the industrial dispute between the management of
State Bank of India and their workmen.
[No. L-12012/130/94- IR(B-I)]
SALONI, Dy. Director
Presiding Officer
: Rekha Bhargava, RJS (DJ Cadre)
Central IT Case No.
: 57/1995
CIS No.
: 47/2014
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,y&12012@130@94& vkbZ-vkj-¼ch&3½ fnukad 28-8-1995
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dks izkIr gqvk gS &
1-
―Whether the action of the management of SBI represented through its Branch Manager, Sindhi colony,
Banipark, Jaipur in not accepting the application on 27-6-1991 made by the workman shri Bharat Singh, a
canteen boy/messenger for regular post of sub-staff and thereby his non selection on a post of sub-staff is
proper and valid? If not, to what relief the workman is entitled to?‖
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gksxs] bl laca/k esa dksbZ mYys[k ugha FkkA cSad }kjk fnukad 15-6-91 ds Li"Vhdj.k esa dSaVhu ckW; ftUgksaus eSalstsj ds :i esa
dk;Z fd;k gks] ds vkosnu Hkh vxzsf"kr djus ds funsZ'k fn;s tkus ij Hkh izkFkhZ dk vkosnu vxzsf"kr ugha fd;k x;kA ftlls
izkFhkZ dks lk{kkRdkj esa ugha cqyk;k x;k vkSj izkFkhZ ls twfu;jksa dk p;u dj fy;k x;kA var esa izkFkhZ }kjk mldk izkFkZuk
i= vxzsf"kr ugha fd;k tkuk iw.kZr;k vuqfpr ,oa voS/k gksus rFkk izkFkhZ dks p;fur fd;s tkus rFkk mlh frfFk ls lc
LVkQ ds :i esa fu;qfDr ikus dk vf/kdkjh ?kksf"kr djus rFkk leLr vkfFkZd o vU; ykHk fnyk;s tkus dh izkFkZuk dh gSA
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1447
vizkFkhZ dh vksj ls tokc izLrqr dj izkjfEHkd vkifRr djrs gq;s dFku fd;k gS fd izkFkhZ }kjk izLrqr fookn
vkS|ksfxd fokn vf/kfu;e ds vUrxZr ugha vkrk gSA izkFkhZ dk foi{kh cSad ls deZdkj o fu;kstd dk laca/k ugha gSA izkFkhZ
vf/kfu;e dh /kkjk 2¼3½ ds vUrxZr deZdkj ugha gSA xq.kkox.k ij dFku fd;k gS fd izkFkhZ Jfed dh dHkh Hkh foi{kh cSad
esa dSaVhu ckW; ds :i esa fu;qfDr ugha gqbZ FkhA izkFkhZ }kjk dHkh Hkh foi{kh cSad esa fnukad 1-2-84 ls 13-2-88 rd fdlh izdkj
dk dksbZ lans'kokgd vFkok vU; dk;Z ugha fd;k x;kA izkFkhZ dh fu;qfDr LFkkuh; dk;kZUo;u lfefr }kjk dh xbZ Fkh] ftl
ij foi{kh cSad dk dksbZ fu;a=.k ugha gksrk gSA izkFkhZ }kjk dsUVhu ckW; ds :i esa lfefr ds lnL;ksa@cSad
deZpkfj;ksa@vkxarqdksa ds fy;s pk; cukus] lIykbZ djus vkfn dk dke fd;k tkrk Fkk] ftldk Hkqxrku lfefr }kjk izkFkhZ
dks vnk fd;k tkrk FkkA izkFkhZ }kjk izLrqr fookn vf/kfu;e ds izko/kkuksa ds vUrxZr pyus ;ksX; ugha gSA foi{kh cSad o
vkWy bf.M;k LVsV cSad vkWQ bf.M;k LVkQ QSMjs’ku ds e/; gqvk le>kSrk izkFkhZ ij ykxw ugha gksrk gS D;ksafd izkFkhZ }kjk
dHkh Hkh foi{kh cSad esa dSaVhu ckW; rFkk lans’k okgd dk dk;Z ugha fd;k x;kA foi{kh cSad }kjk mDr le>kSrs ds rgr ftu
va'kdkyhu] iw.kZdkfyd] nSfud etnwj ftUgksaus 1 dys.Mj o"kZ esa 240 fnol vkSj fnukad 31-7-88 rd 36 dys.Mj eghuksa esa
270 fnol ;k dys.Mj o"kZ esa 30 fnu dh dqy vLFkkbZ lsok ;k 1-7-75 ds ckn vkSj 31-7-88 rd 36 dys.Mj eghuksa esa de
ls de 70 fnu dh vLFkkbZ lsok dh gks] dks gh cSad fu;qfDr ds fy;s ik= ekurs gq;s vkosnu ekaxs x;s FksA izkFkhZ o foi{kh
cSad ds e/; deZdkj fu;sktd dk laca/k ugha FkkA var esa izkFkhZ dk Dyse [kkfjt fd;s tkus dh izkFkZuk dh gSA
izkFkhZ Jfed dks lk{; gsrq dbZ volj fn;s x;s fdUrq izkFkhZ dh vksj ls dksbZ lk{; is'k ugha djus ij vkns'k
fnukad 17-10-2024 dks izkFkhZ dh lk{; can dh xbZA vizkFkhZ }kjk Hkh izkFkhZ dh vksj ls dksbZ lk{; is'k ugha gksus ds dkj.k
dksbZ lk{; is’k ugha djus ij lk{; vizkFkhZ can dh xbZA
mHk; i{kksa dh cgl lquh xbZA izkFkhZ dh vksj ls fo}ku izfrfuf/k }kjk cgl dh xbZ gS fd izkFkhZ ls foi{kh cSad
}kjk dSaVhu ckW; rFkk lans'kokgd ds :i esa dk;Z fy;s tkus ds ckotwn Hkh foi{kh cSad o vkWy bf.M;k LVsV cSad vkWQ
bf.M;k LVkQ QSMjs'ku ds e/; gqvk le>kSrk ds rgr izkFkhZ ls fu;qfDr gsrq vkosnu fn;s tkus ds ckotwn izkFkhZ dk vkosnu
vxzsf"kr ugha fd;k x;k ftlls izkFkhZ dks lk{kkRdkj gsrq ugha cqyk;k x;k vkSj izkFkhZ ls dfu"B Jfedksa dks foi{kh cSad }kjk
fu;qfDr nh xbZ] tks vuqfpr ,oa voS/k gSA vr% izkFkhZ dks vU; twfu;j Jfedksa ds leku fu;qfDr nh tkdj lsok laca/kh lHkh
vkfFkZd ykHk e; ,fj;j fnyk;s tkosaA
blds foijhr vizkFkhZ cSad ds fo}ku izfrfuf/k }kjk cgl dh xbZ gS fd izkFkhZ o foi{kh cSad ds e/;
deZdkj&fu;kstd dk laca/k ugha jgk gSA izkFkhZ dks dHkh Hkh foi{kh cSad }kjk fu;qfDr ugha nh xbZA dfFkr le>kSrk Hkh izkFkhZ
ij ykxw ugha gksrk gSA izkFkhZ }kjk vius Dyse ds leFkZu esa dksbZ lk{; is'k ugha dh gSA vr% Dyse [kkfjt fd;k tkosA
eSaus mHk; i{kksa }kjk fn;s x;s rdksZa ij euu fd;kA i=koyh dk /;kuiwoZd voyksdu o v/;;u fd;k x;kA
i=koyh ds voyksdu ls ik;k fd izkFkhZ }kjk Lo;a dh fu;qfDr foi{kh cSad dh dSaVhu esa dSaVhu ckW; ds :i esa gksus rFkk
mlls lans’k okgd dk dk;Z fd;s tkuk vius Dyse esa crk;k gS] ysfdu bl laca/k esa ,slk dksbZ nLrkost is’k ugha gqvk gS
ftlls ;g lkfcr gks lds fd izkFkhZ dh fu;qfDr foi{kh cSad }kjk dh xbZ gks rFkk izkFkhZ }kjk foi{kh cSad esa dk;Z fd;k x;k
gksA izkFkhZ }kjk vius LVsVesaV vkWQ Dyse ds leFkZu esa dksbZ ekSf[kd ,oa nLrkosth lk{; is'k ugha dh xbZ gSA izkFkhZ }kjk
foi{kh cSad esa fu;qfDr gksus] mlds }kjk dSaVhu ckW; ds :i esa dk;Z fd;s tkus] lans’kokgd dk dk;Z fd;s tkus vkfn ds
laca/k esa dksbZ Hkh nLrkost Hkh is'k ugha fd;k x;k gSA izkFhkZ }kjk tks fookn mBk;k x;k gS] mldk fu.kZ; lk{; ds vk/kkj
ij fd;k tkuk gS ysfdu izkFkhZ dh vksj ls vius LVsVesaV vkWQ Dyse ds leFkZu esa dksbZ lk{; is'k ugha dh xbZ gSA
vkS|ksfxd fookn vf/kfu;e ds izko/kkuksa ds rgr LVsVesaV vkWQ Dyse esa of.kZr rF;ksa dks fl) djus dk Hkkj Lo;a izkFkhZ
Jfed ij Fkk ysfdu izkFkhZ dh vksj ls izLrqr LVsVesaV vkWQ Dyse ds leFkZu esa dksbZ lk{; is'k ugha dh xbZ gSA vr% izkFkhZ
}kjk izLrqr LVsVesaV vkWQ Dyse Lohdkj fd;s tkus ;ksX; ugha gSA izkFkhZ lk{; ds vHkko esa dksbZ jkgr ikus dk vf/kdkjh ugha
jg tkrk gSA fu"d"kZr% izdj.k esa fuEu vokMZ ikfjr fd;k tkrk gS &
The action of the management of SBI represented through its Branch Manager, Sindhi colony, Banipark,
Jaipur in not accepting the application on 27-6-1991 made by the workman shri Bharat Singh, a canteen
boy/messenger for regular post of sub-staff and thereby his non selection on a post of sub-staff is proper and
valid. The workman is not entitled to get any relief.‖
jSQjsal rnuqlkj mRrfjr fd;k tkrk gSA
js[kk HkkxZo] U;k;k/kh'k
vf/kfu.kZ; vkt fnukad 12-11-2024 dks [kqys U;k;ky; esa fy[kk;k tkdj lquk;k x;k tks dsUnz ljdkj dks
izdk”kukFkZ fu;ekuqlkj Hkstk tkosA
1448
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 573.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ईस्ट्ट कॉस्ट्ट रेलवे ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; भुवनेश्वर ds iapkV (03/2020)izdkf”kr djrh
[सं. ,y - 41011/42/2019- vkbZ vkj (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 7th April, 2025
S.O. 573.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.03/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of East Cost
Railway their workmen.
[No. L-41011/42/2019- IR(B-I)]
SALONI, Dy. Director
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. 03/2020
Date of Passing Order – 28th October, 2024
Between :-
The Managing Director,
M/s. Commando Security Services, Plot No. 588,
Sahidnagar, Bhubaneswar (Orissa) – 751 007.
Sr. DME, E. Co., Railway Jatni Khurda Road,
Khurda (Orissa) – 752 050.
The Managing Director,
M/s. Oriental Security Service, Plot No. 588,
Sahidnagar, Bhubaneswar (Orissa) – 751 007
…
1st Party-Managements.
(And)
General Secretary,
East Coast Railway Contract Shramik Union (CITU),
Dakbunglow Road, Jatni – 752 050.
…
2nd Party-Union.
Appearances:
None.
…
For the 1st Party-Managements.
None.
…
For the 2nd Party-Union.
ORDER
In the present case, a reference was received from the Section Officer to the Government of India, Ministry
of Labour & Employment, New Delhi vide order No. L-41011/42/2019 – IR(B-I), dated 23.12.2019 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 action of the management of M/s. Commando Security Service and M/s. Oriental Security
Service, Contractor of East Coast Railway, Khurda Road in denying payment of bonus to his workers
for the financial year 2017-18 is legal and/or justified? If not what relief the workmen are entitled to?
2.
In the reference order, the Under Secretary to Government of India, Ministry of Labour & Employment,
New Delhi commanded the parties raising the dispute to file statement of claim, complete with relevant documents,
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1449
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-workmen.
4.
On receipt of the above reference, notice was sent to the 2nd Party-workmen on 24.03.2020 and on dated
05.09.2023 for appearance and for filing of statement of claim. Neither the postal article sent to the 2nd Party-
Workmen, 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-Workmen. Despite service of the notice, the 2nd Party-Workmen opted to
abstain away from the proceedings. No claim statement was filed on its behalf. Thus, it is clear that the 2nd Party-
Workmen is not interested in adjudication of the reference on merits.
5.
Since the 2nd Party-Workmen 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 ददल्ली, 7 अप्रैल, 2025
का.आ. 574.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
इनोवसोसव सर्ववस प्राइवेट जलजमटेड ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योजगक
fookn esa dsUnzh; ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; भुवनेश्वर ds iapkV (a06/2021) izdkf'kr djrh gSA
[सं. ,y - 12025/01/2025- vkbZ vkj (ch-I)-47]
सलोनी, उृ जनदेिक
New Delhi, the 7th April, 2025
S.O. 574.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 06/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of Innovsource
Service Pvt. Ltd their workmen.
[No. L-12025/01/2025- IR(B-I)-47]
SALONI, Dy. Director
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. 06/2021
Date of Passing Order – 25th November, 2024
Between:
The Chief Executive Officer, (Mr. Manish Kumar),
INNOV, A-3, Kailash Industrial Complex, Park Site,
Vikhota (W), Mumbai – 400 079.
1450
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
The Managing Director & CEO, SBI Card rep,
DLF Infinity Tower-C, 12th Floor, Block-II,
Building – 3, DLF Cyber City, Gurgaon – 122 002, Haryana.
Innovsource Services Pvt. Ltd., A/410, 3rd Floor,
Metro House, Vani Vihar, Bhubaneswar – 751 007.
…
1st Party-Managements.
(And)
Sri Prasanta Kumar Pradhan, S/o Kasinath Pradhan,
Vill/PO. Nilabasanta, Puri – 752 016
…
2nd Party-Workman.
Appearances:
None.
…
For the 1st Party-Managements.
None.
…
For the 2nd Party-Workman.
ORDER
In the present case, a reference was received from the office of the Deputy Chief Labour Commissioner
(Central), Bhubaneswar vide order No. 8(57)/2020-B.II/Adj/2021-B.I, dated 9th February, 2021 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 termination of service of workman Shri Prasanta Kumar Pradhan by the contractor
Innovsource Services P Ltd., violating Section -25 of the Industrial Disputes Act, 1947 is legal and/or
justified? If not, what relief the workman is entitled to?
2.
In the reference order, the Deputy chief Labour Commissioner (Central), Bhubaneswar 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-workman.
4.
On receipt of the above reference, notice was sent to the 2nd Party-Workman on 20.12.2021 and on dated
08.01.2024 for appearance and for filing of statement of claim. Neither the postal article sent to the 2nd Party-
Workman, 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-Workman. Despite service of the notice, the 2nd Party-Workman opted to
abstain away from the proceedings. No claim statement was filed on its behalf. Thus, it is clear that the 2nd Party-
Workman is not interested in adjudication of the reference on merits.
5.
Since the 2nd Party-Workman 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 ददल्ली, 7 अप्रैल, 2025
का.आ. 575.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; भुवनेश्वर ds iapkV (a53/2023) izdkf”kr djrh gSA
[सं. ,y -12025/01/2025- vkbZ vkj (ch-I)-49]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1451
New Delhi, the 7th April, 2025
S.O. 575.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 53/2023) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of State Bank of
India their workmen.
[No. L-12025/01/2025- IR(B-I)-49]
SALONI, Dy. Director
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. 53/2023
Date of Passing Order – 24th December, 2024
Between :-
1. M/s. Oriental Security Service,
Plot No. 418, At./PO./P.S. Saheed Nagar,
Bhubaneswar, Distt. Khordha.
2. The Deputy General Manager,
State Bank of India, Qrs. No. 177,
Unit – 1, P.S. Capital, Bhubaneswar,
Distt. Khordha.
…
1st Party-Managements.
(And)
Sri Prakash Nayak,
Son of Muralidhar Nayak,
At. Utkal University Campous,
P.S. Saheed Nagar, Bhubaneswar.
…
Applicant-Workman.
Appearances:
None.
…
For the 1st Party-Managements.
Sri Prakash Nayak.
…
For the Applicant-Workman.
ORDER
The applicant-workman has filed an application under section 2-A(2) of the Industrial Disputes Act (herein-
after referred as an act).
2.
The case of the applicant-workman as per his statement of claim is as follows:-
That he was initially appointed in House Keeping in the year 2000 by the contractor for the Management
No. 2 on monthly salary of Rs. 900/- and he was discharging his work satisfactorily. However, the Management
No. 1 retrenched him from service which was illegal and not as per the provisions of the I.D. Act. The Management
No. 1 had neither issued notice of retrenchment nor paid wages of notice period. After retrenchment he had raised a
dispute before the labour machinery and as the matter was not resolved he filed the present application invoking the
amended provisions of 2-A(2) of the I.D. Act.
1452
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
He has prayed for a direction to the Management No. 2 for his reengagement.
3.
When the case is at the stage of appearance and for filing of written statement by the Managements, the
applicant-workman has filed a petition to withdraw the case as he has amicably settled the case with the Opp. Party
No. 1.
4.
As the applicant-workman has filed a petition to withdraw the case and he does not want to proceed with the
case the present I.D. Case is dismissed with-drawn.
5.
Order is passed accordingly.
6.
A copy of this Order is sent to the appropriate government for notification as required under section 17 of the
I.D. Act, 1947. File is consigned to record room.
Dictated & Corrected by me.
DINESH KUMAR SINGH, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 576.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; भुवनेश्वर ds iapkV (a41/2014) izdkf”kr djrh gSA
[सं. ,y -12025/01/2025- vkbZ vkj (ch-I)-48]
सलोनी, उृ जनदेिक
New Delhi, the 7th April, 2025
S.O. 576.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 41/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Bhubaneswar as shown in the Annexure, in the industrial dispute between the management of State Bank of
India their workmen.
[No. L-12025/01/2025- IR(B-I)-48]
SALONI, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT BHUBANESWAR.
Present :
Sri Dinesh Kumar Singh,
Presiding Officer, CGIT-cum-Labour Court,
Bhubaneswar.
INDUSTRIAL DISPUTE CASE NO. 41/2014
Date of Passing Award – 4th November, 2024
Between :
1. The Managing Director,
State Bank of India, State Bank Bhawan,
8th Floor, Madame Cama Marg, Mumbai – 400 021.
2. The Branch Manager,
S.M.E. Branch, State Bank of India, Ground Floor,
Sambalpur – 768 001.
…
1st Party-Managements.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1453
(And)
Sri Kundan Luha, aged about 35 years,
S/o Muna Luha, at – Pension Para,
P.O./Distt. Sambalpur – 768 001.
…
2nd Party-Workman
Appearances:
Sri Subrat Mishra, Advocate.
…
For the 1st Party-Managements
Sri Sasanka Sahoo, Advocate.
…
For the 2nd Party-workman
AWARD
The Award is directed against an application filed by one Sri Kundan Luha under section 2-A(2) of the
I.D. Act against the order of disengagement issued by the Branch Manager, S.M.E. Branch, Sambalpur.
2.
It is required to mention here that this Tribunal had passed an award on dated 30.10.2019 with a direction to
the management to reinstate the workman with full back wages within three months from the date of receipt of the
notification failing which he is entitled to receive bank rate of interest of Fixed Deposit from the date of the Award.
3.
Being aggrieved by the orders of this Tribunal the 1st party-Management State Bank of India has preferred a
W.P.(C) No. 18071/2020 before the Hon‘ble High Court of Orissa and the Hon‘ble High Court of Orissa has been
pleased to set aside the award with a direction to the Tribunal to ascertain the fact; number of employees working in
S.M.E. Branch of the Bank at Sambalpur as on date of retrenchment (30.10.2010). The Hon‘ble High Court of
Orissa has further been pleased to direct the Tribunal that upon finding the fact the Tribunal will then proceed to
adjudicate on the allegation regarding violation of Section 25-N and for that purpose the parties may adduce further
evidence.
4.
Now in the light of the direction of the Hon‘ble High Court of Orissa the case is restored to original file and
both the parties were directed to adduce evidence, if any.
5.
The case of the 2nd party-workman as per his statement of claim in brief is as follows:-
That he was working as a Sweeper in the Commercial Branch State Bank of India Sambalpur (now renamed
as SME Branch) since 11.07.1997 to 30.10.2010 continuously. Initially he was being paid his monthly wages through
vouchers from 11.07.1997 to January, 1998 but later on he was engaged on daily wage basis from September, 2002 to
30.10.2020 and he was paid wages terming as 1/3rd of the admissible salary. He had been paid his last salary of
Rs. 2957/- during October, 2010. He was also paid Bonus by the Management during the said period in the month of
30.10.2010. However, the Chief Manager, State Bank of India (Commercial Branch), Sambalpur illegally passed an
order to discontinue his service and he was paid compensation of Rs. 19,221/- and Rs. 2957/- as notice pay also
through cheques. The Bank has not obtained any prior approval for retrenching him from service as contemplated
under the I.D. Act, 1947 and as such the disengagement notice dated 30.10.2010 is nonest in the eye of law. Further
principles of ―last in, first out‖ have also not been followed by the 1st Party-Management and the payment of
retrenchment compensation amount is not proper.
A prayer has been made by the 2nd party-workman to declare his termination from service vide order dated
30.10.2010 as illegal and to regularize his service by the Management under the designation General Attendant with
effect from 1.4.2006 with all back wages and consequential benefits.
6.
On the other hand the case of the 1st Party-Management-SBI SME Branch Sambalpur as per its written
statement is as follows:-
That, the 2nd party-workman was engaged intermittently on temporary/daily wage basis as a Sweeper due to
exigencies of work in the branch and the workman used to sweep the branch premises by working to two to three
hours for sweeping purposes for which he was paid his wages for the job done by him. He was never
appointed/recruited in the Bank by following due process of rules of appointment as all the appointment in the Banks
are made by following due process of rules for time. The services of the workman was no more required by the
Branch, so with effect from 30.10.2010 after following due process of law i.e. the payment of necessary retrenchment
compensation and payment in lieu of notice as per the provisions provided under Section 25-F of the Industrial
Disputes Act he was disengaged from service. The Management had paid Rs. 19,221/- as compensation and Rs.
2957/- as notice pay to the workman through Bank Cheque. Moreover, engagement of workman was purely
temporary and casual in nature, so the workman has no vested right to be continued in the said Bank. He was
discontinued from service after compliance of the provisions of the I.D Act by paying compensation and notice pay in
lieu of notice and the same was received by him which amounts to acceptance of the disengagement by the Bank. The
workman is not at all entitled to be regularized in the Bank under law.
1454
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
A prayer has been made to dismiss the claim of the workman.
7.
The 2nd party-workman has filed rejoinder to the written statement filed by the 1st Party-Management
denying all the averments made by the 1st Party-Management.
8.
As per the direction of the Hon‘ble High Court of Orissa both the parties were directed to adduce their
further witness, if any, and on such direction the learned lawyer of the concerned workman has filed a petition for re-
cross examination of M.W. No. 1 Prasenjeet Hota which was allowed and he was re-cross examined Further, on the
request of the 2ndparty-workman the Management has produced following documents,
1. Photocopies of the attendance register from 25.10.2010 to 31.10.2010 of the employees working at the
S.M.E. Branch, Sambalpur.
2. Employees position of SME branch, Sambalpur as on 30.10.2010.
FINDINGS
9.
Now the only point of determination as per the direction of the Hon‘ble High Court of Orissa is to ascertain
the fact about the number of employees working in S.M.E. Branch of the Bank at Sambalpur as on the date of
retrenchment i.e. (30.10.2010) and upon finding the fact to adjudicate the allegation regarding violation of
Section 25-N of the Industrial Disputes Act.
10.
The Tribunal thinks it proper to discuss the oral and documentary evidences available in the case.
11.
In the re-cross examination of M.W-1, Prasenjeet Hota, he has stated that he was appointed as Chief
Manager in S.M.E. Branch of Sambalpur on 10.10.2016 and the concerned workman was not working in the Bank of
S.M.E. branch from the year 2010. He has also stated that the S.M.E. branch, Sambalpur comes under the control and
supervision of Regional Office, Sambalpur and Regional Office, Sambalpur comes under the control of Zonal Office.
He has denied the suggestion that the daily wages initially appointed under the Management Bank were subsequently
absorbed in the permanent cadre. He has also deposed that he has no knowledge regarding Suresh Singh, SBI
Evening Branch, Sambalpur, Sri Munu Lal at SBI Multi Gundarpur Branch, Sambalpour, Sri Hiralal Bhoi, SBI
Budharaja Branch, Sri Madhab Kollet\, at SBI Daily market evening branch, Rourkela, Sri Nilamadhab Dehury at SBI
Khetrajpur and others were working as sweepers and were getting salary of 1/3rd and subsequently made permanent
under the management of State Bank of India. He has also deposed that he has no Knowledge that Madhab Kalet has
been made permanent at Rourkela Branch of State Bank of India.
12.
Now coming to the documents produced by the Management it appears that the employee position of S.M.E.
Branch of S.B.I., Sambalpur on 30.10.2010 are as follows.
Number of Officers
–
4.
Number of Clerical Staff
–
9.
Number of Sub Staff
–
2.
Number of Daily wager
–
1
----------------------
Total - 16
-----------------------
13.
The Management has also produced the photocopy of the attendance register mentioning the names of only
11 employees. Further the Management has produced a letter of S.M.E. Branch of Sambalpur mentioning that
S.B.I Sambalpur was not maintaining the attendance register for the daily wage workers during the relevant period.
14.
Now coming to the additional list of documents filed by the 2nd party-workman it appears that the Branch
Manager Daily Market, Rourkela had forwarded the application of Shri Kaleth for his consideration of his case as full
time employee. Further it appears that, the A.G.M. Sambalpur had called for the Bio Data of Sri Kaleth vide letter
dated 3.2.2001 and subsequently the Branch Manager Daily Market, Rourkela vide letter dated 17.2.2001 had sent the
Bio Data and copy of the service record vide letter dated 30.03.2006. Further Shri Kaleth was made permanent.
15.
After going through the oral and documentary evidence produced by both the parties it appears that in the
S.M.E. Branch there were only sixteen employees working as on 30.10.2010 as per the documents produced by the
1st Party-Management. Moreover, the 2nd party-workman has not produced any documents or list of employees to
show that more than 900 employees were working in the S.M.E. Branch of Sambalpur. However, the documents
produced by the 2nd Party-workman show only with regard to making the workman Sri Kaleth from temporary part
time sweeper to permanent full time employee and nothing more than that.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1455
16.
At this stage it is relevant to mention here that the concerned workman had already been paid Rs. 2957/- as
notice pay of one month and Rs. 19221/- as compensation, so the 1st Party-Management has already complied with
the provisions of Section 25-F of the Act.
17.
Now in this case it has already been held by this Tribunal that the 1st Party-Management has only sixteen
employees working in the SME Branch, Sambalpur, so there is no violation of Section 25-N of the Industrial Disputes
Act and the 1st Party-Management had already paid the notice pay and compensation so there is no violation of
Section 25-F of the I.D. Act.
18.
In view of above discussions, the Tribunal is of the opinion that at the relevant time i.e. on 30.10.2010 there
were only sixteen employees working in the S.M.E. Branch, Sambalpur and as such there is no violation of Section
25-N of the I.D. Act. Further, the 1st Party-Management had already paid the notice pay and compensation so there is
no violation of Section 25-F of the I.D. Act.
18.
After considering all the facts and circumstances of the case, the Tribunal finds and holds that there is no
illegality in terminating/disengaging the services of the 2nd party-workman by the 1st Party-Management and
consequently 2nd party-workman is not entitled to any relief.
19.
This is the award of this Tribunal.
Dictated & Corrected by me.
DINESH KUMAR SINGH, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 577.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार प्रबंधक, मैससव सहकार ग्लोबल जलजमटेड, मोटो, खुदाव; ृररयोजना जनदेिक, भारतीय राष्ट्रीय राजमागव प्राजधकरण,
नयाृल्ली, भुवनेश्वर, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री जचतरंजन दास, कामगार, के बीच अनुबंध में जनर्ददष्ट
औद्योजगक जववाद में केन्द्रीय सरकार औद्योजगक अजधकरण
भुवनेश्वर ृंचाट (संदभव सं्या 25/2018)
को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 07.04.2025
को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-80-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 577.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 25/2018) 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
Manager, M/s. Sahakar Global Ltd., Motto, Khurda; The Project Director, National Highways Authority of
India, Nayapalli, Bhubaneswar, and Shri Chitaranjan Das, Worker, which was received along with soft copy of
the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-80- 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. 25/2018
Filed under Section 2-A(2) of the I.D. Act
Date of Passing Order – 29th October, 2024
1456
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
Between :-
Sri Chitaranjan Das,
At Baligadia, P.S./P.S. Jankia,
Distt. Khurda.
…
Applicant-Workman.
(And)
1. The Manager, M/s. Sahakar Global Ltd.,
At. Godipada Tool Plaza, P.O. Motto,
P.S. Jankia, Distt. Khurda – 752 020.
2. The Project Director,
National Highway Authority of India,
Setu Bhawan, Nayapalli, Bhubaneswar.
…
1st Party-Managements.
Appearances:
Sri Chitaranjan Das.
…
For Himself the
Applicant.
Sri Sajjal Kumar Bose.
…
For the Management No. 1
None
For the Mgt. No. 2 & 3.
ORDER
This is an application of applicant-workman filed under section 2-A(2) of the Industrial Disputes Act (herein-
after referred as an ―Act‖).
2.
The case of the 2nd party-workman in brief is as follows:-
That, the 2nd Party-Workman, Sri Chitaranjan Das was engaged as Tool Fees Collector under the
Management No. 2 through different contractors from 08.11.2014 and continued to work till 13.05.2017 continuously
and uninterruptedly. He was receiving Rs. 9,300/- as wages per months which was less than the Minimum wages
fixed by the Government of India from time to time. After extending such a long period of service to the
managements, they (Management) suddenly terminated his services with effect from 13.05.2017 without paying any
terminal benefits such as retrenchment benefits and notice pay, in an illegal, unjustified and arbitrary manner adopting
unfair labour practice. The Managements have not followed the provisions of Section 25-F, 25-G and 25-H of the Act
while refusing employment to the workman which is illegal, unfair and unjust.
The 2nd Party-Workmen raised the dispute before the conciliation authorities to get his legitimate claim and
on completion of statutory 45 days of conciliation proceeding the 2nd party-workman has filed statement of claim
invoking amended act under section 2-A(2) of the I.D. Act for adjudication.
The 2nd party-workman has prayed to pass an award in his favour.
3.
On the other hand, Management No. 2 has appeared and filed written statement rebutting the stand taken by
the 2nd party-workmen.
The case of the 1st Party-management No. 2 is that the 2nd party-workman was not engaged by the
Management No. 2 rather he was engaged by the Management No. 1 - the agency for collection of toll fees at
different toll gates are selected through open tender. Engagement of workmen are within the domain of the agency
concerned. The only responsibility of the Management No. 2 to see that the workers engaged by the Management
No. 1 are paid minimum wages and EPF dues and ESI deductions. The Collecting Agent is engaged through open
tender for a period of one year and person engaged by the collection agency are to continue till continuance of the
agreement with the agency and the Management no. 2 is no connected with the terms and conditions of engagement
of that person by the agency.
The Management No. 2 has prayed to reject/dismiss the application filed by the applicant and to pass an
order in their favour.
4.
Further the Managements No. 1 (M/s. Sahakar Global Ltd.) initially neither appeared nor filed its Written
Statement in this case in spite of several opportunities given to it. Due to non-appearance of the Management No. 1
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1457
order of setting exparte was passed against it on 6.6.2018. Thereafter, the Management no. 1 has moved a petition for
recall the order of exparte passed against it and the said petition was allowed on 29.01.2024.
5.
However, during the course of adjudication, both the 2nd Party-Workman and the 1st Party-Management No.
1 have settled the present dispute out of court and filed original copy of their Memorandum of Settlement in Form – H
containing certain terms & conditions as agreed between them in this dispute. Submitting their Memorandum of
Settlement, both parties have prayed the Tribunal to close this case in terms of the settlement arrived at between them.
The terms of Memorandum of Settlement executed between Sri Chitaranjan Das (2nd Party Workman) and Sri Sajal
Kumar Bose (Authorised representative of the 1st Party Management No. 1 are as under.
―1. It is agreed between the parties that the workman shall withdraw the present I.D. Case against the
Contractor Management No. 1 upon receipt of a sum of Rs. 80,000/- (Rupees Eighty Thousand only) as full
and final settlement.
2. The workman affirms and acknowledges the receipt of the payment of Rs. 80,000/- and agrees to withdraw
the present proceedings. He was also expressly waives any and all future claims or demands against the
contractor, Management no. 1
3. The settlement is reached out of good will and volition of parties.‖
6.
Considering the facts and circumstance and the submissions of the stake holders of this case, the Tribunal is
of the opinion that whatever dispute was existing between the 2nd Party-Workmen and the 1st Party-Managements, the
same have already been settled and no further adjudication is required under the Act.
7.
Hence this Order is passed in terms of the Memorandum of Settlement arrived at between the 2nd Party-
Workman and the 1st Party-Management No. 1. The Memorandum of Settlement filed by the parties in this case
forms part of the order.
8.
This is the Order of this Tribunal.
Dictated & Corrected by me.
DINESH KUMAR SINGH, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 578.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार प्रबंधक, मैससव सहकार ग्लोबल जलजमटेड, मोटो, खुदाव; ृररयोजना जनदेिक, भारतीय राष्ट्रीय राजमागव प्राजधकरण,
नयाृल्ली, भुवनेश्वर, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री हाददबंधु अररसल, कामगार,के बीच अनुबंध में जनर्ददष्ट
औद्योजगक जववाद में केन्द्रीय सरकार औद्योजगक अजधकरण
भुवनेश्वर ृंचाट (संदभव
सं्या 26/2018) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के
साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-81-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 578.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 26/2018) 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
Manager, M/s. Sahakar Global Ltd., Motto, Khurda; The Project Director, National Highways Authority of
India, Nayapalli, Bhubaneswar, and Shri Hadibandhu Arisal, Worker, which was received along with soft copy
of the award by the Central Government on 03.04.2025.
[No. L-42025-07-2025-81- IR (DU]
DILIP KUMAR, Under Secy.
1458
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
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. 26/2018
Filed under Section 2-A(2) of the I.D. Act
Date of Passing Order – 29th October, 2024
Between :-
Sri Hadibandhu Arisal,
At Dhaulimunha P.O., Brajamohanpur,
P.S. Khurda Sadar,
Distt. Khurda.
…
Applicant-Workman.
(And)
1. The Manager, M/s. Sahakar Global Ltd.,
At Godipada Tool Plaza, P.O. Motto,
P.S. Jankia, Dist. Khurda – 752 020.
2. The Project Director,
National Highway Authority of India,
Setu Bhawan, Nayapalli, Bhubaneswar.
…
1st Party-Managements.
Appearances:
Hadibandhu Arisal
…
For Himself
Applicant.
Sri Sajjal Kumar Bose.
…
For the Management No. 1.
None
…
For the Mgt. No. 2 & 3.
ORDER
This is an application of applicant-workman filed under section 2-A(2) of the Industrial Disputes Act
(herein-after referred as an ―Act‖).
2.
The case of the 2nd party-workman in brief is as follows:-
That he was engaged as Tool Fees Collector under the Management No. 2 through different contractors from
08.11.2014 and continued to work till 03.06.2017 continuously and uninterruptedly. He further states that he was
receiving Rs. 9,300/- as wages per months which was less than the Minimum wages fixed by the Government of India
from time to time. After extending such a long period of service to the managements, they (Management) suddenly
terminated his services with effect from 03.06.2017 without paying any terminal benefits such as retrenchment
benefits and notice pay, in an illegal, unjustified and arbitrary manner adopting unfair labour practice. The
Managements have not followed the provisions of Section 25-F, 25-G and 25-H of the Act while refusing
employment to the workman which is illegal, unfair and unjust.
The 2nd Party-Workmen raised the dispute before the conciliation authorities to get his legitimate claim and
on completion of statutory 45 days of conciliation proceeding the 2nd party-workman has filed statement of claim
invoking amended act under section 2-A(2) of the I.D. Act for adjudication.
The 2nd party-workman has prayed to pass an award in his favour.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1459
3.
On the other hand, Management No. 2 has appeared and filed written statement rebutted the stand taken by
the 2nd party-workmen.
The 1st Party-Management no. 2 has submitted that the 2nd party-workman was engaged by the Management
No. 2. The Management No. 2 has also submitted that the agency for collection of toll fees at different toll gates are
selected through open tender. Engagement of workmen are within the domain of the agency concerned. The only
responsibility of the Management No. 2 to see that the workers engaged by the Management No. 1 are paid minimum
wages and EPF dues and ESI deductions. It has further stated that collection agent is engaged through open tender for
a period of one year and person engaged by the collection agency are to continue till continuance of the agreement
with the agency and the Management no. 2 is no connected with the terms and conditions of engagement of that
person by the agency.
The Management No. 2 has prayed to reject/dismiss the application filed by the applicant and to pass an
order in their favour.
4.
Further the Managements No. 1 (M/s. Sahakar Global Ltd.) initially neither appeared nor filed its Written
Statement in this case in spite of several opportunities given to it. Due to non-appearance of the Management No. 1
order of setting exparte was passed against it on 6.6.2018. Thereafter, the Management no. 1 has moved a petition for
recall the order of exparte passed against it and the said petition was allowed on 29.01.2024.
5.
However, during the course of adjudication, both the 2nd Party-Workman and the 1st Party-Management No.
1 have settled the present dispute out of court and filed original copy of their Memorandum of Settlement in Form – H
containing certain terms & conditions as agreed between them in this dispute. Submitting their Memorandum of
Settlement, both parties have prayed the Tribunal to close this case in terms of the settlement arrived at between them.
The terms of Memorandum of Settlement executed between Sri Hadibandhu Arisal (2nd Party Workman) and Sri Sajal
Kumar Bose (Authorised representative of the 1st Party Management No. 1 are as under.
―1. It is agreed between the parties that the workman shall withdraw the present I.D. Case against the
Contractor Management No. 1 upon receipt of a sum of Rs. 80,000/- (Rupees Eighty Thousand only) as full
and final settlement.
2. The workman affirms and acknowledges the receipt of the payment of Rs. 80,000/- and agrees to
withdraw the present proceedings. He was also expressly waives any and all future claims or demands
against the contractor, Management no. 1
3. The settlement is reached out of good will and volition of parties.‖
6.
Considering the facts and circumstance and the submissions of the stake holders of this case, the Tribunal is
of the opinion that whatever dispute was existing between the 2nd Party-Workmen and the 1st Party-Managements, the
same have already been settled and no further adjudication is required under the Act.
7.
Hence, this order is passed in terms of the Memorandum of Settlement arrived at between the 2nd Party-
Workman and the 1st Party-Management No. 1. The Memorandum of Settlement filed by the parties in this case
forms part of the order.
8.
This is the Order of this Tribunal.
Dictated & Corrected by me.
DINESH KUMAR SINGH, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 579.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार अधीक्षण ृुरातत्वजवद्, भारतीय ृुरातत्व सवेक्षण समंतरृुर, भुवनेश्वर, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री
प्रमोद कुमार ृात्रा, कामगार,के बीच अनुबंध में जनर्ददष्ट औद्योजगक जववाद में केन्द्रीय सरकार औद्योजगक अजधकरण
भुवनेश्वर ृंचाट (संदभव सं्या 09/2018) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो
केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-83-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
1460
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 7th April, 2025
S.O. 579.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 09/2018) 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
Superintending Archaeologist, Archaeological Survey of India Samantarapur, Bhubaneswar, and Shri Pramod
Kumar Patra, Worker, which was received along with soft copy of the award by the Central Government
on 07.04.2025.
[No. L-42025-07-2025-83- 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. 09/2018
Date of Passing Order – 28th October, 2024
Between :-
The Superintending Archaeologist,
Archaeological Survey of India, Samantarapur,
Bhubaneswar.
…
1st Party-Management.
(And)
Sri Pramod Kumar Patra,
At. Bharagola, PO. Nayahat, P.S. Gop,
Distt. Puri.
…
Applicant-Workman.
Appearances:
None.
…
For the 1st Party-Management.
None.
…
For the Applicant-Workman.
ORDER
This is an application of applicant-workman filed under section 2-A(2) of the Industrial Disputes Act (herein-
after referred as an ―Act‖).
The case of the applicant as per the statement of claim in brief is as follows:-
That he was engaged as a Monument Attendant since dated 26.12.2011 to do attendant job at Konark ASI
Site and he continued till 31.12.2017 continuously and uninterruptedly. He had completed 240 days of continuous
work from the year period 26.12.2011 to 31.12.2017. He further stated that he being an ex-serviceman he was
engaged to do the security job and while working as such he was refused to work with effect from 01.04.2017 without
any cause or rhyme even also no notice, showing the reason for refusal of his employment by the Management.
Consequently, the Management has violated Section 25-G, 25-H of the I.D. Act and such action of the management is
illegal and unjustified. He represented before the Management for his reinstatement and when the same was not
considered he approached the Regional Labour Commissioner (Central), Bhubaneswar, but no result was yielded.
Hence he has filed the present claim petition and made a prayer to pass an award in his favour.
On being noticed, the 1st Party-Management appeared and filed its written statement.
The case of the 1st Party-Management as per written statement is as follows:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1461
That the applicant is not a ―workman‖ and the Management is not an ―Industry‖ under the I.D. Act and as
such the present case is not maintainable under law. The applicant was engaged against a fixed remuneration on need
basis. The condition of his engagement that his service is a contractual one and can be terminated at any point of time
and such condition was accepted by the applicant at the time of his joining in service. The applicant being an ex-
serviceman and getting his pension the provisions of Section 2 of the Industrial Dispute Act is totally not applicable to
the applicant in this case. A prayer has been made to pass an award against the applicant as his application filed
under section 2-A(2) of the I.D. Act is not at all maintainable for adjudication.
5.
The 1st Party-Management did not appear after filing of its written statement and as such on 12.12.2018 an
order of exparte was passed against it and the applicant was asked to prove his case by way of filing affidavit
evidence and proving documents.
6.
The applicant remained absent in all the dates. However, despite providing a number of opportunities, the
applicant has not turned up to prove his claim. As the applicant has not turned up for proving his case, his claim
application filed under section 2-A(2) of the I.D. Act stands dismissed.
7.
Order is passed accordingly.
8.
A copy of this Order is sent to the appropriate government for notification as required under section 17 of the
I.D. Act, 1947. File is consigned to record room.
Dictated & Corrected by me.
DINESH KUMAR SINGH, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 580.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार जनदेिक, मेससव ररलायंस एसएमएसएल जलजमटेड, धोबी तलाओ, मुंबई, के प्रबंधतंत्र के संबद्ध जनयोजकों और
प्रणव प्रकाि चौधरी, कामगार, के बीच अनुबंध में जनर्ददष्ट औद्योजगक जववाद में केन्द्रीय सरकार औद्योजगक अजधकरण
भुवनेश्वर ृंचाट (संदभव सं्या 40/2022) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो
केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-84-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 580.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 40/2022) 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
Director, M/s Reliance SMSL Limited, Dhobi Talao, Mumbai, and Shri Pranav Prakash Choudhary, Worker,
which was received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-84- 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-LabourCourt,
Bhubaneswar.
INDUSTRIAL DISPUTE CASE NO. 40/2022
Date of Passing Order – 28th October 2024
1462
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
Between:
The Director, M/s. Reliance SMSL Limited,
3rd Floor, Court House, Lok Manya Tilak Marg,
Dhobi Talao, Mumbai – 400 002.
…
1st Party-Management.
(And)
Shri Pranav Prakash Choudhury,
At./PO. Rayagada – 765 001, Odisha.
…
2nd Party-Workman.
Appearances:
None.
…
For the 1st Party-Management.
None.
…
For the 2nd Party-Workman.
ORDER
In the present case, a reference was received from the office of the Deputy Chief Labour Commissioner
(Central), Bhubaneswar vide order No. 8(35)/2021-B-I/ADJ/22 and No. 8(35)/2021-B.IV, dated 21.09.2022 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 action of the management of m/s. Reliance SMSL Limited, Rayagada termination their
services of workman Shri Pranav Prakash Choudhury is legal and justified? If not, what relief the
workman is entitled to?‖
2.
In the reference order, the Deputy chief Labour Commissioner (Central), Bhubaneswar 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-workman.
4.
On receipt of the above reference, notice was sent to the 2nd Party-Workman on 05.12.2022 through Regd.
Post for appearance and for filing of statement of claim. Neither the postal article sent to the 2nd Party-Workman,
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-Workman. Despite service of the notice, the 2nd Party-Workman opted to abstain away from the
proceedings. No claim statement was filed on its behalf. Thus, it is clear that the 2nd Party-Workman is not interested
in adjudication of the reference on merits.
5.
Since the 2nd Party-Workman 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 ददल्ली, 7 अप्रैल, 2025
का.आ. 581.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार मेससव एटीसी टेलीकॉम प्राइवेट जलजमटेड, डोगरा हॉल जम्मू, जम्मू और कश्मीर, के प्रबंधतंत्र के संबद्ध जनयोजकों
और श्री जव्णु दत्त, कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम न्यायालय-2,
चंडीगढ़, ृंचाट (संदभव सं्या 49/2023) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार
को सॉफ्ट कॉृी के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-85-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1463
New Delhi, the 7th April, 2025
S.O. 581.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 49/2023) of the Central Government Industrial Tribunal cum
Labour Court-2, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s ATC Telecom Pvt. Ltd., Dogra Hall Jammu, Jammu and Kashmir, and Shri Vishnu Dutt, Worker, which
was received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-85- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
Special Campaign for Settlement
ID No. 49/2023
Registered on:-28.11.2023
Vishnu Dutt, Modi Tea Stall, Gurunabadass, Trust Market, Behind Meridian Place Jammu, Jammu and
Kashmir.
-------- Workman
Versus
M/s ATC Telecom Pvt. Ltd. Dogra Hall Jammu, Jammu and Kashmir-180016.
----Management
Present:-
None for workman.
Mr. Rishabh Rathore (Assistant Legal Manager), for management.
Award : 08.03.2025
Central Government vide Notification No.08(26)/2023/RLC/Jmu dated 07.11.2023, under of sub-
section (5) of Section 12 read with sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947
(hereinafter called the Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
“Whether the action of management of M/s ATC Telecom Pvt. Ltd. in terminating the services
w.e.f. 01.04.2022 of Sh. Vishnu Dutt, just, fair and legal? If not to what relief is the workman
entitled?”
1.
The matter is fixed for filing claim statement by the workman since 01.04.2024. A letter dated 07.02.2025
received from workman with a request to withdraw the claim.
2.
In such circumstances, this Tribunal is left with no choice, except to pass a 'No Claim Award'. Accordingly,
'No Claim Award' is passed in the present reference.
3.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 582.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार डीएमआर जबल्डसव, रामबन, जम्मू और कश्मीर, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री िजि कुमार िमाव,
कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम न्यायालय-2, चंडीगढ़, ृंचाट (संदभव
सं्या 35/2023) को जैसा दक अनुलग्नक में ददखाया गया है,प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ
07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-86-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
1464
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 7th April, 2025
S.O. 582.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 35/2023) of the Central Government Industrial Tribunal cum
Labour Court-2, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to DMR Builders, Ramban, Jammu and Kashmir, and Shri Shashi Kumar Sharma, Worker, which was
received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-86- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
Special Campaign for Settlement
ID No.35/2023
Registered on:-05.10.2023
Shashi Kumar Sharma R/o Neera, Tehsil Ramban, Jammu and Kashmir-182148.
-------- Workman
Versus
DMR Builders, Ramban, Jammu and Kashmir-182148.
----Management
Present:-
None for Workman
Mr. Kinshuk Nanda, AR for respondent no.1.
None for respondent no.2 and 3.
Award : 08.03.2025
Central Government vide Notification No.08(37)/2022/RLC/Jmu dated 05.10.2023, under of sub-section (5)
of Section 12 read with sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter called the
Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
―Whether the termination of Sh. Shashi Kumar Sharma R/o Neera, Tehsil and Distt. Ramban, UT of
Jammu and Kashmir, w.e.f. 09.11.2022 by the management of m/s DMR Builders, Tehsil and Distt.
Ramban, UT of Jammu and Kashmir is legal and justified? If not, then to what relief the concerned
workmen are entitled to and from which date?‖
1.
The matter is fixed for filing claim statement by the workman since 06.02.2024. However, a letter from the
workman dated 07.03.2025 (Mark-A) received on whatsapp of LDC Mr. Kuldeep Chand stating therein that
he wants to withdraw the case against the DMR Builders.
2.
In such circumstances, this Tribunal is left with no choice, except to pass a 'No Claim Award'. Accordingly,
'No Claim Award' is passed in the present reference.
3.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 583.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार एआई हुडा इलेजक्रकल और रखरखाव, श्रीनगर, जम्मू और कश्मीर, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री ओवैस
अहमद, कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम न्यायालय-2, चंडीगढ़, ृंचाट
(संदभव सं्या 73/2023) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी
के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-87-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1465
New Delhi, the 7th April, 2025
S.O. 583.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 73/2023) of the Central Government Industrial Tribunal cum
Labour Court-2, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to AI Huda Electrical and maintenance, Srinagar, Jammu and Kashmir, and Shri Owais Ahmad, Worker,
which was received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-87- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
Special Campaign for Settlement
ID No.73/2023
Registered on:-18.08.2023
Owais Ahmad Parry.
-------- Workman
Versus
AI Huda Electrical and maintenance, Srinagar, Jammu and Kashmir-192123
----Management
Present:-
None for Workman
None for management.
Award : 08.03.2025
Central Government vide Notification No.08(39)/2022/RLC/Jmu dated 03.09.2024, under of sub-section (5)
of Section 12 read with sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter called the
Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
―Whether the termination of Sh. Owais Ahmad Parry, Sh. Modh. Rafiq Bhat and Sh. Mehraj-ud-din
Kumar w.e.f. 01.10.2022 by the contractor of M/so AI Huda Electrical and Maintenance, Head Office
Wuyun, Tehsil Pampore, Distt. Pulwama, UT of J & K -191102 and the Airport Director, Srinagar
International Airport, Srinagar, UT of J & K is legal and justified? If not, then to what relief the
concerned workmen are entitled to and from which date?‖
1.
The matter is fixed for filing claim statement by the workman since 02.04.2024, however, the same has not
been filed till date. AR for workman also withdrawn his authority letter on 24.01.2025 and notice was issued to the
workman for 28.02.2025. None appeared on behalf of 28.02.2025 despite service and the matter was fixed in Lok
Adalat.
2.
Since the workman has neither put his appearance nor filed any claim statement, this Tribunal is left with no
choice, except to pass a 'No Claim Award'. Accordingly, 'No Claim Award' is passed in the present reference.
3.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 584.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार मैससव जचनाब वैली ृावर प्रोजेक्ट जलजमटेड दकश्तवाड़, जम्मू और कश्मीर;मैससव ृटेल इंजीजनयररग दकप /क्वार
एचई प्रोजेक्ट, दकश्तवाड़, यूटी जम्मू और कश्मीर; मैससव एफकॉन्स जल ज्वाइंट वेंचर, ृक्कल दुल, दकश्तवाड़, जम्मू और
कश्मीर; मैससव जय प्रकाि एसोजसएट्स जलजमटेड ृक्कल दुल, दकश्तवाड़ जम्मू और कश्मीर; मेससव ृीईएस इंजीजनयररग
1466
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
प्रा. जलजमटेड ृक्कल दुल, दकश्तवाड़; मैससव वोइथ हाइड्रो प्राइवेट जलजमटेड, ृक्कल दुल, दकश्तवाड़, जम्मू और कश्मीर;
मैससव एल एंड टी जलजमटेड ृक्कल दुल, दकश्तवाड़, केंद्र िाजसत प्रदेि जम्मू और कश्मीर, के प्रबंधतंत्र के संबद्ध जनयोजकों
और श्री सुरेि कुमार िमाव, कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम न्यायालय-
2, चंडीगढ़, ृंचाट (संदभव सं्या 21/2024)को जैसा दक अनुलग्नक में ददखाया गया है,प्रकाजित करती है जो केन्द्रीय
सरकार को सॉफ्ट कॉृी के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y - 42025-07-2025-90-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 584.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 21/2024) of the Central Government Industrial Tribunal cum
Labour Court-2, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s Chenab Valley Power Project Ltd. Kishtwar, Jammu and Kashmir; M/s Patel Engineering Kiru/Kwar
HE Project, Kishtwar, UT Jammu and Kashmir ; M/s Afcons Jal Joint Venture, Pakkal Dul, Kishtwar, Jammu
and Kashmir ; M/s Jai Prakash Associates Ltd. Pakkal Dul, Kishtwar Jammu and Kashmir; M/s PES
Engineering Pvt. Ltd. Pakkal Dul , Kishtwar ; M/s Voith Hydro Pvt Ltd., Pakkal Dul, Kishtwar, Jammu and
Kashmir; M/s L&T Ltd. Pakkal Dul, Kishtwar, UT of Jammu and Kashmir, and Shri Suresh Kumar Sharma,
Worker, which was received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-90- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
Special Campaign for Settlement
ID No.21/2024
Registered on:-20.09.2024
Suresh Kumar Sharma C/o NHPC Workers Union, JK Head Office, Kishtwar, Jammu and Kashmir-
182206.
-------- Applicant/Workman
Versus
1. M/s Chenab Valley Power Project Ltd. Kishtwar, Jammu and Kashmir.
2. M/s Patel Engineering Kiru/Kwar HE Project Distt. Kishtwar, UT Jammu and Kashmir.
3. M/s Afcons Jal Joint Venture, Pakkal Dul, Kishtwar, Jammu and Kashmir.
4. M/s Jai Prakash Associates Ltd. Pakkal Dul, Distt. Kishtwar Jammu and Kashmir.
5. M/s PES Engineering Pvt. Ltd. Pakkal Dul Distt. Kishtwar.
6. M/s Voith Hydro Pvt Ltd., Pakkal Dul Distt. Kishtwar, Jammu and Kashmir.
7. M/s L&T Ltd. Pakkal Dul Distt. Kishtwar, UT of Jammu and Kashmir.
----Respondents
Present:-
None for workman.
Mr. Abhinashi Singh, AR for respondent no.1.
None for respondent no.2 to 7.
Award : 08.03.2025
Central Government vide Notification No.08(02)/2024/RLC/Jmu dated 20.09.2024, under of sub-section (5)
of Section 12 read with sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter called the
Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1467
“Whether the action of management of M/s Chenab Valley Power Project Limited, District Kishtwar,
M/s Patel Engineering, Kiru/Kwar HE Project, District Kishtwar, M/s Afcons-JAL Joint Venture, Pakkal
Dul, Kishtwar, M/s Jai Prakash Associates Limited, Pakkal Dul District Kishtwar, M/s PES Engineering
Private Limited, Pakkal Dul District Kishtwar, M/s Voith Hydro Private Limited, Pakkal Dul District
Kishtwar, M/s L&T Limited, Pakkal Dul, District Kishtwar UT of Jammu and Kashmir for not giving Central
Minimum Wages to major contractors to its workers is legal and justified? If not, then to what relief the
concerned workmen are entitled to and from which date?”
1.
On 04.03.2025, Mr. Naseeb Singh appeared on behalf of workman and filed authority letter on behalf of the
workman and made a statement that he withdraw the present reference on behalf of the workman as he is General
Secretary of Kisan Majdoor Union. AR for respondent no.1 had stated that the reference cannot be withdrawn.
2.
Today also AR for respondent no.1 has stated that in this case, if applicant is allowed to withdraw the
present reference, then workmen of project Chenab Valley may go on strike. In this regard, it is pertinent to mention
here that since in the present case, AR for workman has withdrawn his case i.e. for granting Central Minimum Wages,
then it is clear that he has also withdrawn his claim.
3.
So far as going on strike by the other workmen is concerned, the reference is not pertaining to that. Hence
the workman is allowed to withdraw the present reference. Accordingly, 'No Claim Award' is passed in the present
reference.
4.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 585.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय
सरकार आयुि, केंद्रीय माध्यजमक जिक्षा बोडव, 2 सामुदाजयक केंद्र, प्रीत जवहार, ददल्ली; क्षेत्रीय कायावलय, केंद्रीय माध्यजमक
जिक्षा बोडव, सेक्टर 5, ृंचकूला, हररयाणा, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री जवजृन कुमार, कामगार, के बीच
अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम न्यायालय-1, चंडीगढ़, ृंचाट (संदभव सं्या 26/2016)
को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 07.04.2025
को प्राप्त हुआ था l
[सं. ,y – 42012/80/-2016-vkbZ vkj (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 585.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 26/2016) of the Central Government Industrial Tribunal cum
Labour Court-1, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to The Commissioner, Central Board of Secondary Education, 2 Community Centre, Preet Vihar, Delhi; The
Regional Office, Central Board of Secondary Education, Sector 5, Panchkula, Haryana, Haryana, and Shri
Vipen Kumar, Worker, which was received along with soft copy of the award by the Central Government
on 07.04.2025.
[No. L-42012/80/2016-IR(DU)]
DILIP KUMAR, Under Secy.
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.
Present: Sh. Brajesh Kumar Gautam, Presiding Officer, Chandigarh.
ID No.26/2016
Registered On: 29.08.2016
Vipen Kumar R/o H.NO.141/1, Gali No.10, Mani Majra Town, Chandigarh.
...........Workman
1468
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
Versus
1. The Commissioner, Central Board of Secondary Education, 2 Community Centre, Preet Vihar,
Delhi.
2. The Regional Office, Central Board of Secondary Education, Sector 5, Panchkula, Haryana.
........Managements
AWARD
Passed On: 25.03.2025
Central Government vide Notification No. L-42012/80/2016-IR (DU) dated 16.08.2016, under clause (d) of
Sub-Section (1) sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called
the Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
―Whether the action of the management of Central Board of Secondary Education, Panchkula in
terminating the service of Sh. Vipen Kumar working on daily wages at Branch Office, Central Board
of Secondary Education, Panchkula w.e.f. 07.09.2013 is just, fair and legal? If not, what relief the
workman is entitled to and from which date?”
1. During the pendency of the proceedings before this Tribunal the case was fixed for filing affidavit by workman
but none is responding on behalf of workman. It is submitted by the Ld. Counsel for the management that workman is
not turning up since long and prayed for dismissal of the present claim petition.
2. Perused the file and it is found that since 13.09.2023 the workman is absent and no step is being taken. From
22.04.2024 the case record is running for evidence of workman but no evidence adduced. Several opportunities have
already been given to the workman to file affidavit but of no use. It denotes that the workman is not interested in
adjudication of the matter on merits as such, this Tribunal is left with no choice except to pass a ‗No Claim Award‘.
Accordingly, no claim award is passed in the present case for the non-prosecution of workman. File after completion
be consigned in the record room.
3. Let copy of this award be sent to Central Government for publication as required under Section 17 of the
ID Act, 1947.
B.K. GAUTAM, Presiding Officer
नई ददल्ली, 7 अप्रैल, 2025
का.आ. 586.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार एआई हुडा इलेजक्रकल और रखरखाव, श्रीनगर, जम्मू और कश्मीर, के प्रबंधतंत्र के संबद्ध जनयोजकों और
श्री मेहराज उद दीन कुमार, कामगार, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण-सह-श्रम
न्यायालय-2, चंडीगढ़, ृंचाट (संदभव सं्या 25/2024) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो
केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 07.04.2025 को प्राप्त हुआ था l
[सं. ,y –42025-07-2025-88-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 7th April, 2025
S.O. 586.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. 25/2024) of the Central Government Industrial Tribunal cum
Labour Court-2, Chandigarh, as shown in the Annexure, in the Industrial dispute between the employers in relation
to AI Huda Electrical and maintenance, Srinagar, Jammu and Kashmir, and Shri Mehraj ud din Kumar,
Worker, which was received along with soft copy of the award by the Central Government on 07.04.2025.
[No. L-42025-07-2025-88-IR(DU)]
DILIP KUMAR, Under Secy.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1469
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
Special Campaign for Settlement
ID No.25/2024
Registered on:-30.09.2024
Mehraj ud din Kumar, Bilalabad Colony, Pulwama, Jammu and Kashmir-192123.
-------- Workman
Versus
AI Huda Electrical and maintenance, Srinagar, Jammu and Kashmir-192123
----Management
Present:- None for Workman
None for management.
Award : 08.03.2025
Central Government vide Notification No.08(39)/2022/RLC/Jmu dated 03.09.2024, under of
sub-section (5) of Section 12 read with sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947
(hereinafter called the Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
1.
Whether the termination of Sh. Owais Ahmad Parry, Sh. Modh. Rafiq Bhat and Sh. Mehraj-ud-din
Kumar w.e.f. 01.10.2022 by the contractor of M/so AI Huda Electrical and Maintenance, HeadOffice
Wuyun, Tehsil Pampore, Distt. Pulwama, UT of J & K -191102 and the Airport Director, Srinagar
Intenational Airport, Srinagar, UT of J & K is legal and justified? If not, then to what relief the
concerned workmen are entitled to and from which date?
1.
The matter is fixed for filing claim statement by the workman since 20.12.2024. Notice was issued to the
workman on 20.12.2024 for 04.03.2025. However despite service, the workman neither put appearance, nor filed any
claim statement on 04.03.2025 and the matter was put up in Lok Adalat.
2.
Since the workman has neither put his appearance nor filed any claim statement, this Tribunal is left with no
choice, except to pass a 'No Claim Award'. Accordingly, 'No Claim Award' is passed in the present reference.
3.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Act for
publication.
KAMAL KANT, Presiding Officer
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 587.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
जम्मू और कश्मीर बैंक जलजमटेड ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक
fookn esa dsUnzh; ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; चंडीगढ़- I ds iapkV (94/2018) izdkf”kr djrh gSA
[सं. ,y –12012/36/2018-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 8th April, 2025
S.O. 587.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 94/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Jammu and
Kashmir Bank Limited and their workmen.
[No. L-12012/36/2018- IR (B-I)]
SALONI, Dy. Director
1470
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH.
Present: Sh. Brajesh Kumar Gautam, Presiding Officer, Chandigarh.
ID No. 94/2018
Registered on 21.01.2019
Manzoor Ahmad Kripak, C/o Mohd. Shafi Kripak, O/o Dy. Director, Forest Protection Force, Opposite, K.V. School,
Kishtwar (J&K)-182204.
...........Workman
Versus
1. The Chairman, The Jammu and Kashmir Bank, Pvt. Ltd., Corporate Headquarter, M.A. Road, Srinagar (J&K)-
190001.
2. The Senior Executive Manager (Personnel), HRD Division, Corporate Office, M.A. Road, Srinagar (J&K)-
190001.
3. The Executive Manager, HRD Division, Corporate Office, M.A. Road, Srinagar (J&K)-190001.
........Respondents
Sh. R.S. Longia AR alongwith Workman
Sh. SC Gupta AR for Management
Judgment reserved on 24th February, 2025
Judgment Pronounced on 21st March, 2025
JUDGMENT/ AWARD
1.
Central Government vide Notification No. L-12012/36/2018-IR(B-I) dated 16.11.2018, under clause (d) of
Sub-Section (1) sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called
the Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
―Whether the action of the management of Jammu and Kashmir Bank Limited representing through
its Chairman in terminating the services of Shri Manzoor Ahmad Kripak w.e.f. 05.03.2012 is justified,
fair and legal? If not to what relief the workmen is entitled to and from which date?”
2.
The case of Workman/ Petitioner- The brief facts of the case as unfolded from the claim statement are that
the workman is a young boy hailing from a far flung and remote area and was engaged on a contractual basis as
banking attendant for a period of 2 years w.e.f. 01.04.2007 as per order dated 10.04.2007. The workman joined at the
bank of Kishtwar Branch Office on 23.04.2007. Initially the workman worked as banking attendant till the year 2009
and vide order dated 24.06.2009 the workman was temporarily appointed as Banking Attendant at Branch Office
Kishtwar and was on 6 months probation period which could be extended for a period of three months. Thereafter,
the workman was posted at business unit Dulhasti with code no.22631. It is most pertinent to mention here that after
working in the capacity of Banking Attendant the workman discharged his duties at the said branch as well as of the
respondent bank and in acknowledgment and recognition of the services of the workman during his probation period
and on the recommendations of the Manager, Branch Office Dulhasti the services of the workman were ultimately
confirmed in the services of the bank w.e.f. 01.01.2010 with a pay scale of Rs.5850-14150/- vide order dated
24.02.2012 bearing No.HRD/2012-1087 issued by respondent No.2. As per confirmation order dated 24.02.2012 the
workman had assumed indefeasible right to be entitled of the pensionary benefits as per Pension Regulation, 1995. It
is mentioned here that after confirmation, no complaint from any quarter whatsoever was received and however, the
workman was terminated vide impugned order dated 05.03.2012 issued by respondent No.3. After termination the
workman filed a Civil Suit before the Hon‘ble District Judge, Srinagar. The respondents appeared and filed written
statement and on the plea raised by the respondent bank before the Court regarding the jurisdiction of the said Court,
the Ld. Additional District Judge, Srinagar has dismissed the suit vide order dated 18.08.2017 on the ground of
jurisdiction. It is further case of the workman that that the allegations framed against workman in the order dated
05.03.2012 were totally wrong and baseless and regarding the said allegations a FIR was also registered by the Crime
Branch, Jammu bearing No.29/2010 and thorough investigation of the case the Crime Branch vide charge sheet
No.20 dated 17.10.2012 filed a Challan against the erring officials of the respondent bank alongwith other persons
which is pending disposal before the Sessions Judge, Kishtwar. The prayer of the workman is to set aside the order
dated 05.03.2012 and to reinstate the workman with all consequential benefits and continuity of service with full back
wages from the date of his termination.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1471
3.
The case of Management-In response to notice issued the Management appeared and filed its written
statement/ reply to the petition of workman. Raising preliminary objections, the Management has taken stand that the
Bank is governed by the rules and regulation and as per Clause 522(1) of Shastri Award the services of the workman
Manzoor Ahmad Kripak was terminated. The Tribunal has no jurisdiction to scrutinize the legality or otherwise of the
Shastri Award, therefore the present claim petition is not maintainable. It is also case of the Management that the
Bank is a private sector Bank and relationship of employee-employer is of contractual nature. No employee can
compel to Management to retain him/her in the service. There has been delay and latches in filing the claim petition.
While giving para-wise reply the Management has denied the facts stated in the claim petition. It is stated that
initially the workman was engaged by the then Branch Manager Business Unit Kishtwar as Cash Coolie (Peon) in the
year 1999 on wages @Rs.30/- per day for carrying cash from pay counter to main branch and back and the workman
has admitted in his own statement dated 16.06.2010 that he was working as Cash Coolie at Business Unit Kishtwar
since 1999. Later on an order dated 10.04.2007 was issued by Senior Executive Manager Personnel as per order
whereby the workman was engaged on contractual basis as Banking Attendant on monthly consolidated wages
@Rs.3,500/- for a period of two years w.e.f. 01.04.2007 vide order dated 10.04.2007. It is denied in pursuance of
engagement order dated 10.04.2007 the workman reported for duties within the prescribed period. As per order dated
10.04.2007, the workman had to report for duties by or before 15.04.2007 at the J&K Bank Ltd. Zonal Office
Railhead Complex Jammu for posting. However, the workman joined Personnel Department, Zonal Office, Rail Head
Complex, Jammu on 23.04.2007. Consequent upon his joining he was posted at Business Unit Kishtwar of the
respondent bank. The management has denied that the workman had worked honestly and there was no complain
against him. According to the Management there was complain from Mr. M.A. Bhawani (Ex. Chief Manager &
customer of Business Unit Kishtwar) and staff of the Bank in December 2008 and June 2009 with regard to
fraudulent withdrawal from different savings bank accounts at Business Unit Kishtwar. Thorough investigation was
conducted by the Bank and the workman was found involved in commission of fraudulent acts and therefore his
services were terminated under Clause 522(1) of Shastri Award. According to case of management on 02.11.2006 a
current account No.CD1357 in name of Bashir Rehmat Zargar was opened without obtaining any photo ID of
Account holder, license under JK Shops and Establishment Act and letter of undertaking on the stamped paper, the
said account was introduced by one Mr. Jahural Hassan Kamal. It is further stated by management that after opening
the said current account a demand draft No.005244 dated 13.10.2006 in favour of Bashir Ahmad for an amount of
Rs.4.86 lacs drawn on Central Bank of India. The said draft was returned unpaid by Central Bank of India with
remark that draft was ‗fake‘. It is further stated by the management that saving bank cheque book bearing Nos.
4717901 to 4717910 was issued by business Unit Kishtwar to Smt. Satya Devi having account No.SB-898. Said
Satya Devi misplaced her unused cheques bearing Nos. 4717907, 4717908 and 4717909. Those cheques were used to
commit fraud and illegal withdrawal of Rs.3 lacs from Saving Bank Account No.SB295 of Syed Salima Bano on
03.05.2007, Rs.1,00,000/- from Saving Bank Account No.SB-10629 of Girdhari Lal on 10.05.2007 and Rs.0.60 lacs
from Saving Bank Account No.SB-220 of Tek Chand Thakur on 18.05.2007. The investigation revealed that account
opening form of current account No.CD-1357 of Mr. Bashir Ahmad Zargar was admittedly filled/ retailed by the
workman himself in his own hand writing and he was involved in opening of said current account. The further
investigation also revealed that workman was involved in posting of one cheque bearing No.4717909 for Rs.0.60 lacs
fraudulently by using finacle user ID of Mr. Subhash Chander Parihar (another employee of bank). This way the
workman misused user ID/ Password of Subhash Chander Parihar with malafide intention. During the investigation it
was also revealed that payment of other two cheques bearing 471907 and 471908 for Rs.3.00 lacs and Rs.1.00 lac
respectively were authorized by concerned passing officers of said business unit after being prevailed upon/
influenced by the workman and after being assured by workman of the genuineness of these cheques as were as
signatures thereon. This Act of workman reveals that he had illegal access to the system and record of business Unit
by misusing User ID‘s of other officials. It is also case of management that User Id‘s are only allotted to Clerks and
above and not to banking attendants (Peons), the workman was not allotted any User ID in the respondent bank. It is
further stated by the management that respondent bank had received a letter dated 01.06.2010 from SP(A) for ADGP
CID J&K whereby, the respondent bank was informed that during the course of interrogation of suspect Jahural
Hassan who was arrested in FIR No.39/06, it was disclosed by said Jahural Hassan that he had hatched the conspiracy
with one Manzoor Ahmad Kripak to draw some amount from the account of others by forging an amount of Rs. 4.60
lacs through different cheques. The said cheques were brought by Manzoor Ahmad Kripak by filling account
numbers of holders and later on the said amount so withdrawn was distributed equally. The further case of
management has been that the workman was called upon by the bank on 16.06.2010 to explain his position, he gave
his personal statement and admitted that one Mr. Bashir Ahmad Zargar had approached him to fill account opening
form, that one cheque for Rs.60,000/- was posted in system by him using password of Subhash Chander Parihar who
was working on cash counter as such he was asked by Mr. Samus-din Branch Head towards at SB Counter and Token
was also issued by him. It is also stated in the written statement of management that the workman had availed various
loans and he did not adjusted the said loans. According to further case of management due to involvement of
workman in fraudulent activities the bank lost confidence in him as his integrity had become doubtful and therefore,
he was terminated from the services. It is denied that the workman assumed indefeasible right after confirmation in
the service. The termination order is legal order and in accordance with the provisions of Shastri Award. The claim
petition of workman is liable to be dismissed.
1472
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
4.
Issues: Since present Industrial Dispute has arisen on a reference received from the Ministry of Labour &
Employment, the terms of Reference- Whether the action of the management of Jammu and Kashmir Bank
Limited in terminating the services of Shri Manzoor Ahmad Kripak w.e.f. 05.03.2012 is justified, fair and
legal? If not to what relief the workmen is entitled to and from which date?”
5.
During hearing of the case the workman Manzoor Ahmad Kripak himself has got examined as Witness No.1
and during his evidence certain documents were brought on record and were marked as Exhibits as follows:
Sr. No.
Documents
Exhibit
1.
Copy of Order dated 10.04.2007, engaging workman on contractual
basis as banking attendant.
Ex. W-1
2.
Copy of Posting Order dated 23.04.2007.
Ex. W-2
3.
Copy of Order of Temporary Appointment dated 24.06.2009
Ex. W-3
4.
Copy of Order of Confirmation dated 24.02.2012
Ex. W-4
5.
Copy of Impugned Termination Order and Circular No.685 dated
05.03.2012
Ex. W-5
6.
Copy of Order dated 18.08.2017 of ADJ, Srinagar
Ex. W-6
7.
Copy of Challan dated 17.10.2012 in FIR No.29/2010 dated
30.11.2010.
Ex. W-7
6.
During hearing of the case of the For Management one witness namely Mohd. Ayub Wanchoo got examined
as Management Witness No.1 and during his evidence certain documents were brought on record and were marked as
Exhibits as follows:
Sr. No.
Documents
Annexure/ Exhibits
1.
Copy of Order dated 10.04.2007
Annexure R-1
2.
Copy of Posting Order dated 23.04.2007
Annexure R-2
3.
Copy of relevant portions of the said regulations.
Annexure R-3
4.
Copy of Investigation Report dated 19.10.2009
Annexure R-4
5.
Copy of Explanations dated 29.07.2010
Annexure R-5
6.
Copy of Letter dated 01.06.2010
Annexure R-6
7.
Copy of Statement
Annexure R-7
8.
Copy of Clause 522 (1) of Sastry Award
Annexure R-8
9.
Copy of Termination Order dated 05.03.2012
Annexure R-9
10.
Copy of Payment Order dated 05.03.2012
Annexure R-10
7.
Arguments on behalf of Parties: It has been submitted by Ld. Counsel appearing on behalf of petitioner-
workman that without holding an enquiry termination order contained in Ex.W-5 was passed exercising the power
vested in competent authority under Clause 522 of the Shastri Award. According to Ld. Counsel that clause 522 (1)
of the Shastri Award applicable only where the cases not involving disciplinary action for misconduct and subject to
Clause (6) is there. According to Ld. Counsel in present case infact allegation of dishonesty and unlawful
embezzlement of cash aggregating to lacs of rupees has been made in the letter dated 05.03.2012 (Annexure
Ex.PW-4) whereby it has been circulated to all business units of the bank and offices that workman has jeopardized
the interest of the bank. It is further argued that the workman has been a permanent employee and any termination
order which carries stigma on the conduct of employee can only be passed after holding in house enquiry and finding
the charges against delinquent as proved. But in this case neither any departmental enquiry has been conducted nor
any opportunity of hearing before terminating the service of workman has been given and in violation of natural
justice services has been terminated. It is also argued that infact First Information Report was also lodged and several
other bank employees including officers of Manager Rank were found guilty and against them even Charge Sheet
was filed but the workman has been punished and apparently no action has been taken against real culprit. According
to Ld. Counsel Management witness himself has expressed ignorance about registration of any such FIR and infact
the registration of FIR No.29 of 2010 is mentioned in the reply of Management. It is also argued that it is admitted by
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1473
Management that peon has no role in clearance or rejection of any cheque presented by customer and the question has
been as to why Branch Manager provided User ID of counter clerk to the workman and directed him to operate the
account in question. It is further argued that as per available record the workman was reported to have been making
posting and entry of a cheque but it was only a direction of Branch Manager. In a hand written statement of workman
which has been brought on the record by Management as Document R-7 shows that on instruction of Mr. Shamus Ud
Din Branch Head one cheque for Rs.60,000/- was posted in the system working on SB Counter and this where no
fault has been committed by workman. According to Ld. Counsel amount of Rs.4,60,000/- was fraudulently
withdrawn by Mr. F.A. Mir and Mr. A.H. Mattoo from Zonal Office Doda through Zahrul Hussain. In support of case
of workman Ld. Counsel has relied on a reported decision of the Supreme Court 1993 (3) SSC 259 titled as D.K.
Yadav Vs. M/s J.M.A. Industries Ltd, reported decision of Jammu & Kashmir High Court 1968 (2) LLJ 646 titled
as Central Bank of India Versus State of Jammu & Kashmir, Judgment of Allahabad High Court reported as
1998 (3) AWC 1680 All titled as Dal Chand Aggarwal Versus Divisional Manager, Bank of Maharashtra and a
decision dated 12.04.2013 of CGIT-cum-Labour Court-1, Chandigarh in ID Case No.2/2010 Sh. Mohd. Shafi Bhat
Versus Chairman Jammu & Kashmir Bank and submitted that in these cases it has been held that an employee cannot
be terminated in violation of natural justice and without holding enquiry if there is allegation against that very
employee in the last he submitted that the reference may be allowed in favour of workman by setting aside the
termination order dated 05.03.2012 and the workman may be reinstated with all back wages and consequential other
service benefits.
8.
Per Contra it is submitted by Ld. Counsel on behalf of Bank Management that clause 522 (1) of Shastri
Award gives Power to the for Management to terminate an employee permanent or probation when employees
integrity is doubtful, it is also argued that no enquiry is required in such matter. The Ld. Counsel for the Bank For
Management has placed his reliance on reported decision of the Supreme Court of India reported as AIR 1972 Sh.
S.C. Gupta 1343 AIR India Corporation Versus V.A. Rebellow and Ors and submitted that where there was lack
of confidence in capabilities of performance and duties the termination was correct and valid. The Ld. Counsel for the
Bank Management has also relied on another decision of High Court of Delhi MANU/DE/1448/2019 titled as State
Bank of Travancore Versus Prem Singh, wherein order for reinstatement of respondent with 50% of back wages
passed by Industrial Tribunal has been set aside by the Hon‘ble High Court. In the last it has been submitted by the
Ld. Counsel for the for Management that the termination order is valid and legal and therefore, the claim of workman
may be rejected and no relief should be granted to him.
9.
Finding: I have heard Ld. Counsel for the workman and Ld. Counsel for the Management at length as
above and perused the case record. It is not in dispute that earlier workman Manzoor Ahmad Kripak was engaged
with the Jammu & Kashmir Bank, Pvt. Ltd. on contractual basis as banking attendant and subsequently he was
regularized in the service of the bank w.e.f. 01.01.2010 in the time scale of Rs.5,850/- - Rs.14,150/- vide order dated
24.02.2012 issued from the office Executive Manager, Human Resource Division Corporate Head Quarter, SGR. It is
also admitted fact that till the date of termination dated 05.03.2012 the workman had worked with the bank and
without holding any enquiry, the bank management terminated the services of workman resorting to the clause 522
(1) of the Shastri Award. According to the plea of management this clause 522 (1) of the Shastri Award gives power
to management to terminate services of employee in cases not involving disciplinary action for misconduct and
subject to clause (6) of the said Rule-522. In the present case it appears that on the date of passing the termination
order itself i.e. 05.03.2022 a circular No.685 was also issued by Human Resource Development Division of J&K
Bank, whereby all business units offices were informed that Mr. Manzoor Ahmad (the workman) has been terminated
form the services on the allegation of dishonesty and unlawful embezzlement of cash aggregating lacs of rupees and
jeopardizing the interest of Bank. This circular terminating services of workman itself is stigmatic making allegations
of dishonesty and unlawful misappropriation/ embezzlement of several lacs of rupees. The argument of opposite party
(Bank Management) has been that termination under Clause 522 (1) of the Shastri Award is not stigmatic cannot be
accepted. In the present case there is allegation of dishonesty and embezzlement of certain amount and therefore, the
termination is not simpliciter one. It may be noted here that a First Information Report regarding embezzlement of
money was also lodged being FIR No.29/2010, Police Station, Crime Branch, Jammu in which Challan Sheet No.20
dated 17.10.2012 was submitted. Remarkably in the said Challan the workman Manzoor Ahmad Kripak is not sent up
to face trial as an accused rather he has been made witness at Sr. No.11 in the list of witnesses. There are four accused
persons-Shamas Din, Keshav Raj Rakwal (then Manager Branch Kishtwar), Sanjeev Kumar (the Then Manager) and
Zahoor-Ul-Hassan in the said Challan report, who are sent up to face trial before Court of Special Judge, Anti-
Corruption, Jammu. If this was the result of investigation by the Police, how the bank management suspected the
workman for the alleged embezzlement of the money is certainly colorable exercise of Power. The moot question in
the present case is whether taking resort to Clause (1) Rule-522 of the Shastri Award an Order for terminating
services of an employee can be passed in violation of natural justice? In the reported decision of Supreme Court 1993
(3) SCC 259 titled as D.K. Yadav Versus M/s J.M.A. Industries Limited, it has been held that in the interest of
justice and fairness a reasonable opportunity must be given to an employee to enable him to put forth his case a
proper enquiry is must before terminating the service. Any rule or law prescribing procedure inconsistent to Articles
14 and 21 of the Constitution of India has to be struck down The Supreme Court has observed in Paragraph 11 of this
reported decision-
1474
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
“It is thus well settled law that right to life enshrined under Article 21 of the Constitution would include right to
livelihood. The order of termination of the service of an employee/ workman visits with civil consequences of
jeopardizing not only his/ her livelihood but also career and livelihood of dependents. Therefore, before taking any
action putting an end to the tenure of an employee/ workman fair play requires that a reasonable opportunity to put
forth his case is given and domestic enquiry conducted complying with the principles of natural justice. In D.T.C. v.
D.T.C. Mazdoor Congress and Ors. (supra) the constitution bench, per majority, held that termination of the service
of a workman giving one month’s notice or pay in lieu thereof without enquiry offended Article 14. The order
terminating the services of the employees was set aside”.
In another reported decision of Hon‘ble Jammu & Kashmir High Court Central Bank of India Versus State of
Jammu & Kashmir & Ors, 1968 (2) LLJ 646, it has been held that the form of order of termination is not
conclusive of the true nature of the order, for it is possible that the form may be merely a camouflage for an order of
dismissal for misconduct. It is therefore, always open to the Tribunal to go behind the form and look at the substance,
and if it comes to the conclusion for example that through in form the order amounts to termination simpliciter, it in
reality cloaks a dismissal for misconduct, it will be opened to it to set it aside as a colorful exercise of the power.
Once an employee is confirmed in service he cannot be terminated by way of punishment without holding any
enquiry by the competent authority In the reported decision of Supreme Court AIR 2018 SC 973 titled as
Kurukshetra University Versus Prithvi Singh, It is has been held that a termination of employee if it is imposed by
way of punishment it cannot be treated as retrenchment. In a reported decision of Hon‘ble High Court of Allahabad
1998 (3) AWC 1680 A ll titled as Dal Chand Aggarwal Versus Divisional Manager, Bank of Maharashtra
Clause 522 (1) of Shastri Award was considered and it was held by the Hon‘ble High Court that rules for termination
of service of temporary or permanent employee liable to be declared as violation of Article 14 & 16. In this reported
decision Divisional Manager, Bank of Maharashtra had terminated services of petitioner Dal Chand Aggarwal taking
resort to Rule 522 (1) of Shastri Award. Hon‘ble High Court while setting aside the termination vide Paragraph 23 of
the Judgment has observed-
“The services of the petitioner were thus terminated on the suspicion that the petitioner had made a complaint that
respondent No.2 had not paid the charges for washing the clothes to the proprietor of the Liberty Dry Cleaners. The
petitioner was not afforded any opportunity to show cause as to whether in fact, he had made the complaint against
respondent No.2 which was false to-his knowledge. The respondent resorted to paragraph No.522(1) of Shastri
Award wherein his services could be terminated only by giving three months’ notice or salary in lieu thereof, the
order making it to be a simpliciter order of termination of his services. In fact, it was not a simpliciter termination
order but it was passed on the basis of suspected charges of which the petitioner was not given any show cause
notice”.
10.
In the case in hand although there is no mention of any reason for termination of services of workman in the
termination order dated 05.03.2012 and only reference of Rule/ Clause 522 (1 of the Shastri Award) is mentioned
therein but a circular of same date (05.03.2012) was also issued imputing charges of dishonesty and unlawful
embezzlement and allegation was that it jeopardized the interest of the bank. In above view of the matter the
termination cannot be said simpliciter one but it was passed on the basis of suspected charges of which the petitioner
was not given any opportunity to defend him. Infact, the order of termination is by way of punishment without
holding any domestic enquiry and in violation of natural justice. In reported decisions: 2004 (4) SCT 125 Kulwant
Singh Vs. State of Haryana, 2010 (5) SLR 285 State of Punjab Versus Baljinder Singh, 2005 (1) SCT 106 Surinder
Pal Kaur Versus State of Punjab, 2011 (4) SLR 192. The Dhotian Cooperative Agricultural Service Society Ltd.
Versus Wirsa Singh and others, 2010 (4) LLJ 821 Union of India Vs. Mahaveer C. Singhvi, 2009 (1) SCT 225. The
Ambala Cooperative Bank Ltd. Versus The Presiding Officer, Labour Court, 1996 (4) SCT 772 Rajinder Kumar
Versus State of Haryana and 1993 (2) SLR 640. The management of New Delhi Tuberculosis Centre Versus Lt.
Governor of Delhi, in all these case laws it has been held that if the order has been passed on the basis of misconduct
without holding proper enquiry and in violation of principle of natural justice the same is liable to be quashed.
11.
Thus from the facts and circumstances and for the reasons discussed hereinabove the Reference No.L-
12012/36/2018 IR(B-I) dated 16.11.2018 is decided in favour of workman and it is held that the termination order
dated 05.03.2012 passed by Chairman and CEO of J&K Bank contained in Annexure-A (Ex.W-5) being stigmatic,
unjustified, unfair and illegal to the workman and without conducting any enquiry and without providing the
workman any opportunity of defense cannot be sustained and same is liable to be set aside. The workman is entitled
for the relief of reinstatement with all consequential benefits and in continuity of service with full back wages from
the date of his termination. The Reference is decided accordingly.
12.
It is therefore-
ORDERED
That the present ID No.94/2018 titled as Manzoor Ahmad Kripak Vs The Jammu & Kashmir Bank & Ors arising out
of Reference No.L-12012/36/2018 IR(B-I) dated 16.11.2018 is decided in favour of workman and it is held that the
termination order dated 05.03.2012 passed by Chairman and CEO of J&K Bank contained in Annexure A (Ex.W-5)
being stigmatic, unjustified, unfair and illegal to the workman and without conducting any enquiry and without
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1475
providing the workman any opportunity of defense cannot be sustained and same is set aside. The respondents/ Bank
Management of Jammu & Kashmir Bank Pvt. Ltd. are directed to reinstate the workman Manzoor Ahmad Kripak
with all consequential benefits and continuity of service with full back wages from the date of his termination.
13.
Let copy of this award be sent to the Appropriate Government as required under Section 17 of the Industrial
Dispute Act for publication.
Dated: 21.03.2025
B.K. GAUTAM, Presiding Officer
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 588.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार महाप्रबंधक (ओ एंड एम), नेिनल थमवल ृावर कॉृोरेिन जलजमटेड, सवध्यनगर.ससगरौली, (म.प्र.), प्रबंधतंत्र के
संबद्ध जनयोजकों और महासजचव, एनटीृीसी कमवचारी संघ सवध्यनगर, सवध्यनगर, ससगरौली, मध्य प्रदेि, के बीच अनुबंध
में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण- सह- श्रम न्यायालय, जबलृुर ृंचाट (संदभव सं्या आईडी
नंबर सीजीआईटी/एलसी/आर/77/2024, को जैसा दक अनुलग्नक में ददखाया गया है,प्रकाजित करती है जो केन्द्रीय सरकार
को सॉफ्ट कॉृी के साथ 08.04.2025 को प्राप्त हुआ था l
[सं. ,y –42025-07-20258-91-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 8th April, 2025
S.O. 588.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. ID.No. CGIT/LC/R/77/2024), of the Central Government
Industrial Tribunal cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the
employers in relation to The General Manager (O & M), National Thermal Power Corporation Ltd.,
Vindhyanagar. Singrauli, (M.P.), and The General Secretary, NTPC Karmchari Sangh Vindhyanagar,
Vindhyanagar, Singrauli, Madhya Pradesh, which was received along with soft copy of the award by the Central
Government on 08.04.2025,
[No. L-42025-07-20258s-91- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/77/2024
Present: P.K.Srivastava
H.J.S..( Retd)
The General Secretary,
NTPC Karmchari Sangh Vindhyanagar,
R/o B-237/NH-1 Vindhyanagar
Singrauli, Madhya Pradesh – 486885.
Workman
Versus
The General Manager (O & M)
National Thermal Power Corporation Ltd.,
PO-Vindhyanagar
Singrauli, (M.P.) - 486885.
Management
1476
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
LOK-ADALAT AWARD
(Passed on this 08th day of March - 2025.)
As per letter dated 23/10/2024 by the Deputy Chief Labour Commissioner (Central) Jabalpur, Ministry of
Labour, the reference is made to this Tribunal under Section - 10 of Industrial Dispute Act, 1947 as per reference
number SH-1(45)/2021 dt. 23/10/2024. The dispute under reference related to :-
―Whether the demand of the General Secretary, NTPC Karmchari Sangh, Vindhyanagar for release of
Dearness Allowance of Employees of NTPC Ltd., Vindhyanagar management w.e.f. 01.01.2021 against
the management of NTPC Ltd., Vindhyanagar, District – Singrauli (MP) is legal, justified and proper ? If
not what relief the workmen are entitled to?‖
After registering the case on the basis of the reference, notices were sent to the parties and were duly served
on them.
On 08.03.2025, the case was taken in the National Lok-Adalat. Union has already filed affidavit and
application stating that the dispute has been settled out of Court and does not exist now.
Since, the dispute has been settled between the parties, no dispute in the reference exists and the
reference is answered accordingly.
DATE: 08/03/2025
P. K.SRIVASTAVA, Presiding Officer
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 589.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार इंडस टावसव जलजमटेड, मु्य कायवकारी अजधकारी, वसंत कुंज, फेज-II, नई ददल्ली; सकवल हेड (एचआर-एमृी-
सीजी) इंदौर (म.प्र.), प्रबंधतंत्र के संबद्ध जनयोजकों और श्री जवद्या भूषण जमश्रा, कामगार , के बीच अनुबंध में जनर्ददष्ट
केन्द्रीय सरकार औद्योजगक अजधकरण- सह- श्रम न्यायालय, जबलृुर ृंचाट (संदभव सं्या आईडी नंबर सीजीआईटी/
एलसी/ आर सी/03/2017, को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट
कॉृी के साथ 08.04.2025 को प्राप्त हुआ था l
[सं. ,y –42025-07-20258-92-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 8th April, 2025
S.O. 589.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. ID.No. CGIT/LC/RC/03/2017), of the Central Government
Industrial Tribunal cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the
employers in relation to INDUS Towers Ltd., Through -Chief Executive Officer, Vasant Kunj, Phase-II, New
Delhi ; Chircle Head (HR-MP-CG), Indore (M.P.), and Shri Vidya Bhooshan Mishra, Worker, which was
received along with soft copy of the award by the Central Government on 08.04.2025,
[No. L-42025-07-20258-92- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/RC/03/2017
Present: P.K.Srivastava
H.J.S..(Retd)
Vidya Bhooshan Mishra
S/. Late Shridhar Mishra,
R/o. Gali No. 6, Ward No. 31,
Near Jogani Mata Mandir,
Parmanandpuram, Distt.- Satna (M.P.)
Workman
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1477
Vs
1.
INDUS Towers Ltd.
Through its Chief Executive Officer
Registered Office- Bharti Crescent 1,
Nelson Mandela Road, Vasant Kunj
Phase-II, New Delhi-110070.
2.
Chircle Head (HR-MP-CG)
INDUS Towers Ltd., H-3 Metro Tower
Fourth Floor, Scheme No. 54, Near Vijay
Nagar Square, AB Road, Indore (M.P.)
Management
(JUDGMENT)
(Passed on this 03rd day of March-2025)
The Workman has filed petition under Section 2(A) (2 & 3) of the Industrial Disputes Act 1949 (in short
the Act), against termination of his services by the Management with a case that, he had joined the Management as
Cluster Incharge vide order dated 03.08.2009 and was posted at Panna. He was directed to be transferred from Panna
to Ratlam in July 2015. He showed his inability to join at the place of transfer due to illness of his wife who was
under medical treatment. He applied for leave from 17.07.2015 to 03.08.2015 via email as he was also under
treatment during this period. When he reported back on duty after recovery, the management did not permit him to
join at Panna. He sent another application on 10.09.2015 requesting the management to transfer him near Satna,
which was rejected by management and the management issued a show-cause dated 11.09.2015 alleging him of
misconduct by way of willfully absenting from service. He responded to the show-cause mail and again requested
management to transfer him near Satna. The management again issued a letter dated 20.10.2015 informing him to
submit explanation of show-cause notices dated 05.08.2015 and 19.08.2015 which were never served on him. The
management illegally terminated his services without issuing any charge-sheet vide order dated 11.12.2015 which is
unjust, illegal and arbitrary. The workman has prayed that holding the termination of his services vide order dated
11.12.2015 against law, he be held entitled to be reinstated with back wages and benefits.
In its written statement to the petition, the Management has taken a case that firstly, the petitioner is not a
workman as defined u/s. 2(s) of the Act because he was appointed as a Cluster Incharge which was managerial in
nature and was paid basic salary Rs. 11633/- p.m. with allowances totaling at Rs. 24219/-. He was issued a show-
cause notice informing him to explain the reasons of his absence without getting any leave sanctioned and without
informing management, failing which taking that he has admitted his misconduct. He did not furnish any justifiable
explanation and was terminated from service in the light of his service contract.
The petitioner has filed his rejoinder in which he has mainly reiterated his case as taken by him the petition.
In evidence, the petitioner filed his affidavit as his examination in chief, he also filed and proved Ex. W/1 to
W/7 which are his appointment order dated 03.08.2009, his representation for cancellation of his transfer, his
communication with management via email, copy of show-cause notice dated 20.10.2015 and 11.12.2015 as well the
termination order and certificate regarding failure of conciliation. He has been cross examined by management.
Management has filed and proved Letter of Appointment, Letter of Management, Letter of Termination,
Exb. M/1 to M/6. Management has also filed affidavit of its Witness as his examination-in-chief, who has been cross-
examined by the Workman.
I have heard argument of Learned Counsel Mr. K.B. Singh for the petitioner and Mr. B.M. Tripathi for
Management. I have gone through the record as well.
The first argument of Learned Counsel for Management is that the petitioner is not a Workman as
defined under Section 2(s) of the Act and secondly, there is no illegality committed by Management in terminating
services of petitioner in the light of his appointment contract.
Learned Counsel for Petitioner has replied the First argument on the ground that it is nowhere pleaded
nor is proved by Management that the petitioner is not a Workman as defined under the Act. And Secondly, from the
evidence on record which is almost not disputed, it is established that action of Management is arbitrarily unjust and
illegal.
1478
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
Form the perusal of the record in the light of aforesaid arguments, following issues arises for
determination:
1. Whether the petitioner is workman as defined under Section 2(S) of the Act.
2. Whether the action of the Management in terminating services of the petitioner is stigmatic and is
arbitrary.
Issue No. 1:-
Section 2(S) of the Act, which defines Workman, is being reproduced as follows:
2(s) ―workman‖ means any person including an apprentice employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the
terms of employment be express or implied, and for the purposes of any proceeding under this Act in
relation to an industrial dispute, includes any such person who has been dismissed, discharged or
retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or
retrenchment has led to that dispute, but does not include any such person—
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy
Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per
mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers
vested in him, functions mainly of a managerial nature.……………………….
Learned Counsel for Management has relied on judgment of Hon‘ble High Court of Bombay in the case
of Union Carbide (India) Ltd. V.s. Ramesh Kumbla and Others reported in MANU/MH/0073/1999 and
another judgment of the same High Court in the case of Union Carbide (India) Ltd. V.s. D. Samuel and
Others reported in MANU/MH/1713/1998. In these two cases, after analyzing the judgment of various
High Courts and Hon‘ble Supreme Court, the Single Bench of Hon‘ble Bombay High Court has
summarized the principles on the basis of which it is to be decided whether the Workman is in supervisory
capacity or not. These tests mentioned in Para 34 and 35 of the Judgment are being reproduced as
follows:
Para-34.
In so far as the Apex Court is concerned, some of the tests laid down are:
(1)
Designation is not material but what is important is the nature of work.
(2)
Find out the dominant purpose of employment and not any additional duties the employee may be
performing.
(3)
Can he bind the Company/employer to some kind of decisions on behalf of the
Company/employer.
(4)
Has the employee power to direct or oversee the work of his subordinates.
(5)
Has the power to sanction leave or recommend it; and
(6)
Has he the power to appoint, terminate or take disciplinary action against workmen.
Para-35.
From the judgment of this Court and the other High Courts some of the tests apart from
what the Apex Court has stated are:
(a) Whether the employee can examine the quality of work and whether such work is performed in
satisfactory manner or not;
(b) Does the employee have powers of assigning duties and distribution of work;
(c) Can he indent material and distribute the same amongst the workmen;
(d) Even though he has no authority to grant leave does he have power to recommend leave;
(e) Are there persons working under him;
(f) Has he the power to supervise the work of men and not merely machines;
(g) Dos he mark the attendance of other employees;
(h) Does he write the confidential reports of his subordinates.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1479
Now analyzing the evidence in the case in hand, on the basis of tests laid down in the aforesaid Judgment
it comes out that the role and duties of the Applicant/Petitioner have been defined in his letter of Appointment. The
Clause 6.5 of the appointment letter specifically states the following
―6.5
Being appointed in managerial cadre you will work to ensure overall smooth and effective
functioning of the department/ establishment/ office/ staff/ employees and will be responsible for
the successful and timely completion of any job/work assigned to you. You would adhere to the
norms of office discipline including working hours, systems and procedures.‖
Though the workman has tried to established that he was not working in supervisory capacity in his affidavit
and cross examination by management, he admits that he had to look after as many as 70 towers in Panna and Satna
Districts, he further stated that he had no authority to sanction any leave to any employee nor did he have any
authority to initiate disciplinary proceedings against anyone. Management witness has stated on this point that the
petitioner had right to issue warning letters to employees, he was obligated to get any defect rectified by the Field
Support Engineer/ Technician.
Management has further referred to another judgment of Hon‘ble Supreme Court in the case of Lenin
Kumar Rai Vs. M/s. Express Publications arising out of SLP No. (C) 5660/2023 and connected SLP (C)
12876/2024, in which Hon‘ble the Supreme Court has held that the determinative factor for workman covered under
Section 2(s) of the Act is the principal duties and functions performed by an employee in the establishment and not
merely the designation of his post, also that the onus to prove nature of employment rests on the person claiming to be
a workman.
Now, looking into the nature of employment, designation as well the roles and responsibilities mentioned in the
appointment letter, the status of petitioner is held not as a workman as defined u/s. 2(s) of the Act. The case of the
Management that Petitioner is not a workman under Section 2(S) of the act is held proved.
Hence, on the basis of above action the petitioner is held not to be a workman as defined under Section 2(s)
of the Act.
Issue No. 1 is answered accordingly.
Issue No. 2:-
It is undisputed that the petitioner remained absent for the period mentioned in the show-cause notices
without informing the management and without getting any leave sanctioned. This is also established that he did not
join at his transfer place. This is a misconduct as laid down by Hon‘ble Supreme Court in the case of Novartis India
Vs. State of West Bengal, reported in (2009) 3 SCC 124. Hence, the action of management in terminating services of
the petitioner on this ground is held justified in law.
Issue No. 2 answered accordingly.
On the basis of findings on issues mentioned above, holding the action of management in terminating
his services, the petitioner is held to be entitled to no relief. Petition stands disposed accordingly.
No order as to cost.
DATE:- 03/03/2025
P. K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 590.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार कायवकारी जनदेिक, नेिनल थमवल ृावर कॉृोरेिन जलजमटेड, सवध्यनगर.ससगरौली, (म.प्र.), प्रबंधतंत्र के संबद्ध
जनयोजकों और महासजचव, एनटीृीसी कमवचारी संघ , सवध्यनगर, ससगरौली, मध्य प्रदेि, के बीच अनुबंध में जनर्ददष्ट
केन्द्रीय सरकार औद्योजगक अजधकरण- सह- श्रम न्यायालय, जबलृुर ृंचाट (संदभव सं्या आईडी नंबर सीजीआईटी/एलसी/
आर/76/2024, को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ
08.04.2025 को प्राप्त हुआ था l
[सं. ,y–42025-07-20258-93-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
1480
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 8th April, 2025
S.O. 590.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. ID.No. CGIT/LC/R/76/2024), of the Central Government
Industrial Tribunal cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the
employers in relation to The Executive Director, National Thermal Power Corporation Ltd., Vindhyanagar,
Singrauli, (M.P.), and The General Secretary, NTPC Karmchari Sangh, Vindhyanagar, Singrauli, Madhya
Pradesh, which was received along with soft copy of the award by the Central Government on 08.04.2025,
[No. L-42025-07-20258-93- IR (DU]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/76/2024
Present: P.K.Srivastava
H.J.S..( Retd)
The General Secretary,
NTPC Karmchari Sangh
Vindhyanagar, PO-Vindhyanagar
Singrauli, Madhya Pradesh – 486885.
Workman
Versus
The Executive Director
National Thermal Power Corporation Ltd.,
Vindhyachal, PO-Vindhya Nagar
Singrauli, Madhya Pradesh-486885.
Management
LOK-ADALAT AWARD
(Passed on this 08th day of March - 2025.)
As per letter dated 23/10/2024 by the Deputy Chief Labour Commissioner (Central) Jabalpur, Ministry of
Labour, the reference is made to this Tribunal under Section - 10 of Industrial Dispute Act, 1947 as per reference
number SH-1(44)/2021 dt. 23/10/2024. The dispute under reference related to :-
―Whether the demand of the General Secretary, NTPC Karmchari Sangh, Vindhyanagar, Singrauli
against the management of NTPC Ltd., Vindhyachal, Vindhyanagar, Singrauli against increase of Death
Relief Scheme contribution from Rs. 100/- to Rs. 200/- is legal, proper and justified ? If yes, to what relief
the workmen concerned are entitled to ?‖
After registering the case on the basis of the reference, notices were sent to the parties and were duly served
on them.
On 08.03.2025, the case was taken in the National Lok-Adalat. Union has already filed affidavit and
application stating that the dispute has been settled out of Court and does not exist now.
Since, the dispute has been settled between the parties, no dispute in the reference exists and the
reference is answered accordingly.
DATE: 08/03/2025
P. K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 591.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार जनदेिक, उ्ण करटबंधीय वन अनुसंधान संस्ट्थान,जबलृुर; श्रीमती मनोरमा ससह, मेससव आयवन जसक्योररटी
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1481
सर्ववस, कोलार रोड, भोृाल (म.प्र.), प्रबंधतंत्र के संबद्ध जनयोजकों और अध्यक्ष/महासजचव, टी.एफ.आर.आई. श्रजमक संघ,
मंडला रोड, जबलृुर, के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण- सह- श्रम न्यायालय, जबलृुर
ृंचाट(संदभव सं्या आईडी नंबर सीजीआईटी/एलसी/आर/81/2021, को जैसा दक अनुलग्नक में ददखाया गया है, प्रकाजित
करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 08.04.2025 को प्राप्त हुआ था l
[सं. ,y –42011/108/2021-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 8th April, 2025
S.O. 591.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. ID.No. CGIT/LC/R/81/2021), of the Central Government
Industrial Tribunal cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the
employers in relation to The Director,Tropical Forest Research Institute ,Jabalpur ; Smt. Manorma Singh, M/s.
Aryan Security Service, Kolar Road, Bhopal (M.P.), and The President/General Secretary, T.F.R.I. Shramik
Sangh, Mandla Road, Jabalpur, which was received along with soft copy of the award by the Central Government
on 08.04.2025,
[No. L-42011/108/2021-IR (DU)]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/81/2021
Present: P.K.Srivastava
H.J.S.( Retd)
The President/General Secretary
T.F.R.I. Shramik Sangh
Village – Neemkheda, PO-R.F.R.C.
Mandla Road, Jabalpur-482021
Workman
Versus
1. The Director
Tropical Forest Research Institute
PO-R.F.R.C. Mandla Road,
Jabalpur - 482021
2. M/s. Aryan Security Service
Rep. Smt. Manorma Singh, Prop-SO-02
2nd Floor, Windsor Plaza, Plot No.-47
Sector-A, Banjari Housing Co-op-society,
In Front of Bank of Baroda, Kolar Road
Bhopal (M.P.)-462042
Management
AWARD
(Passed on this 11th day of March - 2025.)
As per letter dated 29/11/2021 by the Government of India, Ministry of Labour, New Delhi, the reference is
made to this Tribunal under section-10 of I.D. Act, 1947 as per reference number L-42011/108/2021/IR(DU) dt.
29/11/2021. The dispute under reference related to :-
1482
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
―Whether the issue raised by TFRI Shramik Sangh, Jabalpur vide letter dated 19.11.2020 is ‗industrial
dispute‘ as per ID Act, 1947?‖
If yes, whether the action of the management of T.F.R.I. Jabalpur for inviting online tender as per terms
and conditions for hiring of manpower for Security and other works in light of issue raised by TFRI Shramik
Sangh, Jabalpur vie letter dated 19.11.2020 is proper, legal and justified ? If not, what reliefs the disputant are
entitled to and what other directions, if any, are necessary in the matter ?‖
In this case, Union and Management except these four workmen Surendra Yadav, Sunil Kumar,
Sharad Kumar & Shiv Kumar have already filed a joint application with affidavit stating that the dispute has
been settled between them and no dispute remains to be adjudicated. Today these four workmen also have filed
same joint application with photocopy of their Aadhar Cards as proof of their identity. Since, the dispute in the
reference has been settled between the parties and their remains no dispute to be adjudicated, hence reference
stands answered accordingly.
DATE: 11/03/2025
P. K. SRIVASTAVA, Presiding Office
नई ददल्ली, 8 अप्रैल, 2025
का.आ. 592.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में,केन्द्रीय
सरकार ृोस्ट्ट मास्ट्टर जनरल, एमृी सर्दकल, डाक भवन, डाक जवभाग, होिंगाबाद रोड, भोृाल (मप्र), प्रबंधतंत्र के संबद्ध
जनयोजकों और श्री जहमांिु िेखर जगरर, कामगार,के बीच अनुबंध में जनर्ददष्ट केन्द्रीय सरकार औद्योजगक अजधकरण- सह-
श्रम न्यायालय, जबलृुर ृंचाट (संदभव सं्या आईडी नंबर सीजीआईटी/एलसी/आर/03/2005, को जैसा दक अनुलग्नक में
ददखाया गया है, प्रकाजित करती है जो केन्द्रीय सरकार को सॉफ्ट कॉृी के साथ 08.04.2025 को प्राप्त हुआ था l
[सं. ,y –40012/72/2004-आईआर (डीयू)]
ददलीृ कुमार, अवर सजचव
New Delhi, the 8th April, 2025
S.O. 592.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. No. ID.No. CGIT/LC/R/03/2005), of the Central Government
Industrial Tribunal cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the
employers in relation to The Post Master General, MP Circle, Dak Bhawan, Deptt. Of Posts, Hoshangabad
Road, Bhopal (M.P.), and Shri Himanshu Shekhar Giri,Worker,which was received along with soft copy of the
award by the Central Government on 08.04.2025,
[No. L-40012/72/2004-IR (DU)]
DILIP KUMAR, Under Secy.
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/03/2005
Present: P.K.Srivastava
H.J.S..(Retd)
Shri Himanshu Shekhar Giri,
S/o Shri Rajendranath, H. No. 128,
Panchsheel Nagar south T.T. Nagar,
Bhopal (M.P.)
Workman
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 12, 2025, /चैत्र 22, 1947
1483
Vs
Post Master General,
MP Circle, Dak Bhawan,
Deptt. Of Posts,
Hoshangabad Road,
Bhopal (M.P.)
Management
(JUDGMENT)
(Passed on this 25thday of February -2025)
As per letter dated 24/11/2004 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-
40012/72/2004-IR(DU) dt. 24/11/2004. The dispute under reference relates to:
―Whether the action of the management of Post Master General, Department of Post Office, Bhopal in
terminating the services of Shri Himanshu Shekhar Giri w.e.f. 10/11/2002 is justified? If not, to what
relief the Workman is entitled?‖
Notices were issued to the parties.
The workman submitted statement of claim alleging that he was appointed by the employer on 22.06.1998
for distribution of Postal Dak. He was appointed on the post of EDDA. He was illegally terminated on 10.11.2002. No
charge-sheet was ever issued to him. The workman had continuously discharged his duties from 22.06.1998 to
10.11.2002. He had completed more than 240 days in every calendar year. He is entitled for permanent status under
the provisions of ID Act. No notice was issued, no retrenchment compensation was paid, and therefore, the
termination of his services is illegal. One Bindu Markode was employed after his termination and thus the
reinstatement with back wages was prayed.
The employer filed the written statement thereby opposing the claim made by the workman. It was
pleaded that the post of GDS (EDA) is at lowest stage. TRCA is paid to GDS instead of regular pay. For GDS
employee, recruitment and service conditions are provided as per GDS Service Rules, 2001. Earlier the rules were
known as GDS Rules, 1964. The engager is entitled only for TRCA and he is not entitled for any other right or claim
either for regular appointment or regularization. The workman was engaged on behalf of regular GDS. He has worked
in place of regular GDS only. He is not entitled to any relief. It was reiterated by the employer that the workman was
never appointed as regular EDA or casual Labour in the department. It was denied that his services were illegally
terminated on 10.11.2002. The workman was engaged by EDA on his personal responsibilities. He was not appointed
by department. There was no question of issuing any charge-sheet or warning to the workman. The provisions of ID
Act are not applicable as workman was never appointed as casual Labour and, therefore, there was no question of his
absorption in department. Whenever an EDA proceeds on leave, is required to engage his substitute at his risk. As
original EDA joined service after returning from leave, therefore, the services of the workman were dispensed with.
By award dated 06.11.2015, it was held that workman was engaged as a substitute of regular EDA who
proceeded on leave. However, Section 25-F of ID does not differentiate between workman working regularly or
engaged as substitute. If any workman completes continuous service more than one year and is denied under Section
25 B, services of workman cannot be terminated without notice. Therefore, the workman was entitled for protection
of Section 25-F of ID Act. Accordingly, an award was passed holding the termination of services of the workman was
not proper. However, in lieu of reinstatement a compensation of Rs. 75,000/- was awarded.
This Award was challenged by the parties in W.P. No. 3175/2016 and 3244/2016 before Hon’ble Court
of M.P. at Jabalpur and were decided by a Single Bench by a common Order dated 25.09.2024. It was observed by
the Writ Court that though the objection with respect to the status of the Applicant whether he was a Workman or not,
was raised for the first time before it, but since it goes to the root of the litigation, it could not be rejected. The Award
was set-aside and the matter was recommended to this Tribunal with following directions.
―The CGIT-cum-Labour Court shall frame an issue and decide the question with regard to status of the
workman and will decide the question of maintainability of the reference. If the status of the workman is held to be
a civil servant, the reference shall be dismissed or else the compensation in lieu of re-instatement be maintained.‖
It is under the direction of the Hon‘ble High Court issue was framed as follows:
Whether the Applicant is a workman as defined in Industrial Disputes Act, 1947.
1484
THE GAZETTE OF INDIA : APRIL 12, 2025/CHAITRA 22, 1947
[PART II—SEC. 3(ii)]
I have heard argument of Learned Senior Counsel Mr. Anoop Nair assisted by Mr. Neeraj Kevat for
Workman and Mr. Manoj Singh Learned Counsel for Management. Parties have filed written arguments also. I have
gone through the Written Arguments and the record.
Section 2(s) of the Industrial Disputes Act, 1947 defines workman as follows:
"workman" means any person (including an apprentice) employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of
employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial
dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a
consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not
include any such person:
(i)
who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the
Navy Act, 1957 (62 of 1957); or
(ii)
who is employed in the police service or as an officer or other employee of a prison, or
(iii)
who is employed mainly in a managerial or administrative capacity, or
(iv)
who, being employed in a supervisory capacity, draws wages exceeding [ten thousand rupees] per
mensem or exercises, either by the nature of the duties attached to the office or by reason of the
powers vested in him, functions mainly of a managerial nature.
Learned Counsel for Management has referred to judgment of Hon‘ble Supreme Court in the case of Sub-
Divisional Inspector of Post Vaikam and Others V.s. Theyyam Joseph and Others reported in AIR 1996 SC 1271
wherein it has been held that the Postal Department is not an Industry as defined in the Industrial Dispute Act, and the
extra departmental agents are not workman under the Industrial Dispute Act, Hence, this Tribunal has no jurisdiction
to entertain the claim.
Learned Senior Counsel for workman has referred to another full Court Judgment of Hon‘ble Supreme
Court in the case of General Manager Telecom V.s. A. Srinivasa Rao Reported in 1997 (Vol. 8) SCC in which three
Judge Bench of Hon‘ble Supreme Court overruled its judgment in Telecom Case (supra) and held that the Postal
Department is also a Industry as defined in the Industrial Dispute Act. Learned Senior Counsel has submitted that in
the light of the Judgment in Srinivasa Rao case (supra) this Tribunal is within its power to entertain the reference.
This argument has been countered by Learned Counsel for Management with a argument that the observation of
Hon‘ble Supreme Court in the case of Theyyam (supra) that since there are specific rules with respect to recruitment
etc. of extra departmental agents, they are not Workman as defined under Section 2(s) of the ID Act, 1947 has not
been overruled, the applicant is still not a Workman under the Act. The argument from the side of Management
appears to be convincing and is accepted because the finding in the previous judgement in the case of Theyyam
(supra) that the extra departmental agents are not Workman have not been overruled by the full Bench in the A.
Srinivasa case (supra). Hence, the Applicant is held not a workman as defined under Section 2(s) of the Act and
the issue is answered accordingly.
Consequently, the reference is held not entertenable by this Tribunal.
AWARD
In the light of above discussion and findings, as mentioned above, the reference stands answered
against the Workman.
No order as to cost.
DATE:-25/02/2025
P. K. SRIVASTAVA, 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: 2025.04.19 11:29:10 +05'30'