8040 GI/2025
(7411)
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. 48]
नई ददल् ली, ददसम् बर 7—ददसम् बर 13, 2025, िजनवार/अग्रहायण 16—अग्रहायण 22, 1947
No. 48] NEW DELHI, DECEMBER 7—DECEMBER 13, 2025, SATURDAY/AGRAHAYANA 16––AGRAHAYANA 22, 1947
इस भाग में जभन् न ृृ् सं् या दी जाती हज 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)
जवत्त मंत्रालय
(जवत्तीय सेवाएं जवभाग)
नई ददल्ली, 3 ददसम् बर, 2025
का.आ. 2112.—केन्रीय सरकार, श्री चंरदीृ कुमार झा, उृ महाजनदेिक, जवत्तीय सेवाएं जवभाग, जवत्त
मंत्रालय, भारत सरकार को भारतीय ररजवव बैंक अजधजनयम, 1934 (1934 का 2) की धारा 45-झक की उृ-धारा (7)
के उृबंधों के अंतगवत गजर-बैंककग जवत्तीय कंृजनयों द्वारा की गई अृीलों ृर जनणवय लेने के जलए नामोददष्ट करती हज। इसे
आम सूचना के जलए प्रकाजित दकया जाता हज।
[ई. फा. सं. 1/27/2019-बीओए-II]
ज्ञानतोष रॉय, अवर सजचव
सी.जी.-डी.एल.-सा.-13122025-268470
CG-DL-W-13122025-268470
7412
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 3rd December, 2025
S.O. 2112.—Shri Chandradeep Kumar Jha, Deputy Director General in the Department of Financial
Services, Ministry of Finance, Government of India is designated by the Central Government to decide appeals
preferred by non-banking financial companies under the provisions of sub-section (7) of section 45-IA of the
Reserve Bank of India Act, 1934 (2 of 1934). This is published for general information.
[e. F. No. 1/27/2019-BOA.II]
JNANATOSH ROY, Under Secy.
जवदेि मंत्रालय
(सी.ृी.वी. प्रभाग)
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2113.—राजनजयक और कोंसुलीय अजधकारी (िृथ एवं फीस) के अजधजनयम, 1948 की धारा 2 के
खंड (क) के अनुसरण में वजधाजनक आदेि।
एतद् द्वारा, केंर सरकार, ददसंबर 4, 2025 से कांसुलर सेवाएं के जनववहन करने के जलए जवदेि में भारतीय
जमिनों/ृोस्ट्टों में सहायक कांसुलर अजधकाररयों के प ृ में इस मंत्रालय के जनम्नजलजखत अजधकाररयों की जनयुजि करता
हज:
क्रम
सं.
अजधकारी का नाम और ृद
जमिन
/
ृोस्ट्ट जजसमें
सहायक कांसुलर
अजधकारी के प ृ में जनयुि दकया गया हज
1
श्री प्रवीण देवड़ा,सहायक अनुभाग अजधकारी
भारत के प्रधान कोंसलावास, लॉस एंजजल्स
2
श्री आदिव कुमार झा,सहायक अनुभाग अजधकारी
भारतीय दूतावास, डमस्ट्कस
3
श्री देवेन्र, सहायक अनुभाग अजधकारी
भारतीय दूतावास, कोृेनहेगन
[फा. सं. टी.4330/01/2025(39)]
तरुण कुमार, अवर सजचव [सीृीवी-II]
MINISTRY OF EXTERNAL AFFAIRS
(CPV Division)
New Delhi, the 4th December, 2025
S.O. 2113.—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 the below mentioned
officials of this Ministry, as Assistant Consular Officers in Indian Missions/Posts abroad to perform Consular
services with effect from December 4, 2025:
S. No.
Name & Rank of the Officer
Mission/Post wherein appointed as Assistant
Consular Officer
1
Mr. Praveen Devra, Assistant Section Officer
Consulate General of India, Los Angeles
2
Mr. Adarsh Kumar Jha, Assistant Section Officer
Embassy of India, Damascus
3
Mr. Devender, Assistant Section Officer
Embassy of India, Copenhagen
[F. No. T.4330/01/2025 (39)]
TARUN KUMAR, Under Secretary (CPV-II)
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7413
ृरमाणु ऊजाव जवभाग
नई ददल्ली, 7 अक् तूबर, 2025
का.आ. 2114.—साववजजनक ृररसर (अनाजधकृत अजधभोजगयों की बेदखली) अजधजनयम, 1971 (1971 का
40) की धारा 3 द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केंर सरकार एतद्दवारा नीचे दी गई ताजलका के कॉलम (1) में
उजल्लजखत अजधकारी को, जो सरकार का राजृजत्रत अजधकारी हज, उि अजधजनयम के प्रयोजन के जलए संृदा अजधकारी
जनयुि करती हज, जो उि ताजलका के कॉलम (2) में संगत प्रजवजष्टयों में जनर्ददष्ट साववजजनक ृररसरों के संबंध में उि
अजधजनयम द्वारा या उसके अधीन प्रदत्त िजियों का प्रयोग करेगा और संृदा अजधकारी के कतव्य
ों का ृालन करेगा।
अजधकारी का ृदनाम
(1)
साववजजनक ृररसर की श्रेजणयााँ और अजधकार क्षेत्र की
स्ट्थानीय सीमाएाँ
(2)
श्री सुररदर कुमार, वज्ञाजनक अजधकारी/जी, ग्लोबल सेंटर फॉर
न्यूजक्लयर एनजी ृाटवनरजिृ (जीसीएनईृी), ृरमाणु ऊजाव जवभाग,
बहादुरगढ़,
हररयाणा -124505
ग्लोबल सेंटर फॉर न्यूजक्लयर एनजी ृाटवनरजिृ
(जीसीएनईृी), ृरमाणु ऊजाव जवभाग, बहादुरगढ़,
हररयाणा -124505 के प्रिासजनक जनयंत्रण में या
उससे संबंजधत ृररसर
[फा. सं. 44017/2/2025/GCNEP/R&D-1/13245]
एच. एल. जाधव, अवर सजचव
DEPARTMENT OF ATOMIC ENERGY
New Delhi, the 7th October, 2025
S.O. 2114.—In exercise of the powers conferred by Section 3 of the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971 (40 of 1971), the Central Government hereby appoints the officer mentioned in
column (1) of the Table below, being a Gazetted Officer of the Government, to be the Estate officer for the purpose
of the said Act who shall exercise the powers conferred and perform the duties of Estate Officer, by or under the
said Act, in respect of Public Premises specified in the corresponding entries in column (2) of the said Table.
Designation of the Officer
(1)
Categories of Public Premise & local limits
of jurisdiction
(2)
Shri. Surinder Kumar, Scientific Officer/G, Global Centre for
Nuclear Energy Partnership (GCNEP), Department of Atomic
Energy, Bahadurgarh, Haryana -124505
Premises
belonging
to
or
under
the
administrative control of Global Centre for
Nuclear
Energy
Partnership
(GCNEP),
Department of Atomic Energy, Bahadurgarh,
Haryana -124505
[F. No. 44017/2/2025/GCNEP/R&D-1/13245]
H. L. JADHAV, Under Secy.
नई ददल्ली, 12 नवम् बर, 2025
का.आ. 2115.—साववजजनक स्ट्थान (अनजधकृत अजधभोजगयों की बेदखली) अजधजनयम, 1971 (1971 का 40)
की धारा 3 द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, नीचे दी गई सारणी के स्ट्तंभ (1) में उजल्लजखत
अजधकाररयों को, जो सरकार के राजृजत्रत अजधकारी हैं, उि अजधजनयम के प्रयोजन के जलए संृदा अजधकारी जनयुि
7414
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
करती हज, जो उि सारणी के स्ट्तंभ (2) की तत्सस्ट्थानी प्रजवजष्टयों में जवजनर्ददष्ट साववजजनक स्ट्थान के संबंध में उि अजधजनयम
द्वारा या उसके अधीन संृदा अजधकारी को प्रदत्त िजियों का प्रयोग करेंगे और उस ृर अजधरोजृत कतव्य
ों का ृालन
करेंगे।
अजधकारी का ृदनाम
(1)
साववजजनक स्ट्थान की श्रेजणयााँ और अजधकार क्षेत्र
की स्ट्थानीय सीमाएाँ
(2)
1.
अृर जनदेिक (प्रचालन-I)/
जनदेिक (कार्ममक एवं प्रिासन)/
मु्य प्रिासजनक एवं लेखा अजधकारी,
ृरमाणु खजनज अन्वेषण एवं अनुसंधान जनदेिालय (एएमडी),
ृरमाणु ऊजाव जवभाग,
1-10-153-156, बेगमृेट,
हजदराबाद- 500016
तेलंगाना
हजदराबाद, तेलंगाना में ृरमाणु ऊजाव जवभाग के
एएमडी के प्रिासजनक जनयंत्रण के अंतगवत या उससे
संबंजधत ृररसर।
[फा. सं. 12/2(9)/2022-I&M(AMD/14920]
सुरेि एन.एम., अवर सजचव
New Delhi, the 12th November, 2025
S.O. 2115.—In exercise of the powers conferred by Section 3 of the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971 (40 of 1971), the Central Government hereby appoints the officers mentioned in
column (1) of the Table below being Gazetted Officer of the Government, to be the Estate officers for the purpose of
the said Act who shall exercise the powers conferred and perform the duties imposed on Estate Officer, by or under
the said Act, in respect of Public Premises specified in the corresponding entries in column (2) of the said Table.
Designation of the Officer
(1)
Categories of Public Premised & local
limits of jurisdiction
(2)
1.
Additional Director (Operations-I)/
Director (Personnel & Administration)/
Chief Administrative and Accounts Officer,
Atomic Minerals Directorate for Exploration and Research
(AMD),
Department of Atomic Energy,
1-10-153-156, Begumpet,
Hyderabad- 500 016,
Telangana.
Premises
belonging
to
or
under
the
administrative control of AMD, Department
of Atomic Energy in Hyderabad, Telangana.
[F. No. 12/2(9)/2022-I&M(AMD/14920]
SURESH N. M., Under Secy.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7415
सड़क ृररवहन और राजमागव मंत्रालय
(राजभाषा अनुभाग)
नई ददल्ली, 26 नवम् बर, 2025
का.आ. 2116.—केंरीय सरकार राजभाषा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम 1976 के
जनयम 10 के उृजनयम (4) के अनुसरण में क्षेत्रीय कायावलय, भारतीय राष्ट्रीय राजमागव प्राजधकरण, ओजडिा, जजसके 80%
से अजधक कमवचाररयों ने हहदी में कायवसाधक ज्ञान प्राप्त कर जलया हज, को अजधसूजचत करती हज।
[फा. सं. ई.-12012/1/2023-जवजवध/हहदी]
सी. एन. हसह, संयुक् त सजचव
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
(Official Language Section)
New Delhi, the 26th November, 2025
S.O. 2116.— In pursuance of Sub Rule (4) of Rule 10 of the Official Language (Use for official purposes of
the Union) Rules, 1976, the Central Government hereby notify Regional Office, National Highway Authority of
India, Odisha, where more than 80% staff have acquired the working knowledge of Hindi.
[F. No. E. 12012/1/2023-Misc. /Hindi]
C.N. SINGH, Jt. Secy.
उृभोिा मामले, खाद्य और साववजजनक जवतरण मंत्रालय
(खाद्य और साववजजनक जवतरण जवभाग)
नई ददल्ली, 26 नवम् बर, 2025
का.आ. 2117.— केन्रीय 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 कायावलय, जजनके 80 प्रजतित या उससे अजधक कमवचारीवृन्द ने
जहन्दी का कायवसाधक ज्ञान प्राप्त कर जलया हज, को राजृत्र में अजधसूजचत करती हज:-
क्र.सं.
अजधसूजचत दकए जाने वाला कायावलय
1.
भारतीय खाद्य जनगम, मंडल कायावलय, कोकराझार
[फा. सं. ई-11011/1/2008-हहदी(321924)]
राजेन्र कुमार, संयुक् त सजचव
MINISTRY of Consumer Affairs, Food and Public Distribution
(Department of Food & Public Distribution)
New Delhi, the 26th November, 2025
S.O. 2117.—In pursuance of sub-rule (4) of Rule 10 of the Official Language (use for official purpose of the
Union) Rules, 1976, the Central Government hereby notifies the following office 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:
S. No.
Office to be notified
1.
Food Corporation of India, Divisional Office, Kokrajhar
[F. No. E-11011/1/2008-Hindi (321924)]
RAJENDER KUMAR, Jt. Secy.
7416
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
श्रम एवं रोजगार मंत्रालय
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2118.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार सतना सीमेंट वक्सव के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री कन्हजया हसह, सतना सीमेंट फजक्री और कुंवारी मजदूर
कांग्रेस; श्री अजिनी कुमार हसह, श्री िजि कुमार हसह, श्री ब्रह्मानंद हसह, श्री राम नक्षत्र हसह, श्री अिोक हसह,
श्री अजभनव हसह, श्री अजनल हसह, श्री राज गोहवद हसह, श्री जुगनू हसह और श्री सत्सय नारायण महतो के बीच अनुबंध में
जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट (ररफरेन्स न.- 11/2017) को जजसा दक
अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त
हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-160]
सलोनी, उृ जनदेिक
MINISTRY OF LABOUR AND EMLOYMENT
New Delhi, the 2nd December, 2025
S.O. 2118.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 11/2017) 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
Satna Cement Works and Shri Kanahiya Singh, Satna Cement Factory & Quwari Mazdoor Congress;
Shri Ashwani Kumar Singh, Shri Sashi Kumar Singh, Shri Bramhanand Singh, Shri Ram Nakshtra Singh,
Shri Ashok Singh, Shri Abhinav Singh, Shri Anil Singh, Shri Raj Govind Singh, Shri Jugnu Singh and Shri
Satya Narayan Mahtoo which was received along with soft copy of the award by the Central Government
on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-160]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/A/11/2017
Present: P.K.Srivastava
H.J.S.(Retd.)
1. The General Secretary,
Kanahiya Singh,
Satna Cement Factory &
Quwari Mazdoor Congress,
Office Sagmaniya Colony, Satna (MP)
2. Ashwani Kumar Singh,
Mining Engineer,
Satna Cement Factory, Satna
3. Sashi Kumar Singh,
Clerk, Satna Cement Factory, Satna
4. Bramhanand Singh, Fitter,
Satna Cement Factory, Satna
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7417
5. Ram Nakshtra Singh,
Driver, Satna Cement Factory, Satna
6. Ashok Singh,
Seezer fetter, Satna Cement Factory, Satna
7. Abhinav Singh,
Pump Operator, Satna Cement Factory, Satna
8. Anil Singh,
Attend Stores, Satna Cement Factory, Satna
9. Raj Govind Singh, Badli Attender,
Satna Cement Factory, Satna
10. Jugnu Singh,
Pump Operator, Satna Cement Factory, Satna
11. Satya Narayan Mahtoo,
Attender Badli, Satna Cement Factory
Satna, [All employee resident at
Sagmaniya Colony, District Satna (M. P.)]
Workman
Versus
Satna Cement Works, Satna M.P.
Management
(J U D G M E N T)
(Passed on this 8th day of October, 2025)
The applicants who were originally ten in numbers but since three of them i.e., Applicant No. 1 (Ashwani
Kumar Singh), Applicant No. 2 (Sashi Kumar Singh) and Applicant No. 4 (Ram Nakshtra Singh), have raised a
separate dispute also, on the basis of which three separate references are pending before this Tribunal which are
R/12/2020, R/13/2020 and R/14/2020, hence their claims are not being considered in this case, they will be
considered in their respective cases mentioned above, which are pending before this Tribunal.
This is the petition under Section 33A of the Industrial Disputes Act, 1947 (in short ‗the Act‘), filed by the
Secretary of Satna Cement Factory & Quwari Mazdoor Congress through its General Secretary and the applicant
workman against M/s Satna Cements with a case that the case of these applicants was espoused by the Secretary of
Union and Reference Case No. R/34/2010 had been pending before this Tribunal with respect to their claims on the
basis of reference made by the Central Government to this Tribunal after conciliation failed between the applicants
Union and management.
The management terminated the services of the applicants‘ workmen by way of an oral order during pendency
of the said dispute which is in violation of Section 33A of the Act, hence is unjust, illegal and arbitrary.
It has been prayed that holding this action of management of M/s Satna Cement, against law because it was
without the approval of this Tribunal, the petition be allowed.
Case of the management is that during the said case R/34/2010 has been finally decided by this Tribunal by its
judgment and award dated 15.09.2021 and a writ petition has been filed by the management against the said judgment
and award before Hon‘ble High Court of M.P. which is pending. The operation of the judgment and award has been
stayed by Hon‘ble High Court.
Also, it is the case of the management that the applicants in the present case were not a party to the dispute in
the said case R/34/2010, hence, their termination is not in violation of Section 33A of the Act, also, it has been pleaded
that this petition has been filed after 41/2 years of their termination, hence it is barred by unexplained delay and latches
on the part of applicants.
Both the sides have filed photocopy documents and affidavits, to be referred to as and when required.
I have heard arguments of the Learned Counsel for the applicants Mr. R. K. Soni and Learned Counsel, Mr. R.
7418
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
B. Tiwari for the Management. The management has filed written submission also. I have gone through written
submission and the record as well.
As it is apparent from perusal of the record that objection of management is on two points, firstly, that the
petition is barred by unexplained delay and latches on the part of petitioners and secondly, the petitioners were not a
party in the dispute concerned as R/34/2010.
As regards, Section 33A of the Act, provides as under:-
33A. Special provision for adjudication as to whether conditions of service, etc., changed
during pendency of proceedings.—Where an employer contravenes the provisions of section 33
during the pendency of proceedings before a conciliation officer, Board, an arbitrator, a Labour
Court, Tribunal or National Tribunal, any employee aggrieved by such contravention, may make a
complaint in writing, in the prescribed manner,—
(a) to such conciliation officer or Board, and the conciliation officer or Board shall take
such complaint into account in mediating in, and promoting the settlement of, such industrial
dispute; and
(b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of
such complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be,
shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in
accordance with the provisions of this Act and shall submit his or its award to the appropriate
Government and the provisions of this Act shall apply accordingly.
A bare perusal of this section states that there is no limitation provided in the Act for filing of the petition,
hence, the ground of delay cannot be accepted and relief cannot be denied to the petitioner only on this ground, if their
case and claim is otherwise found just and proper.
As regards, the second ground, management has filed photocopy notices, which were issued to them by the
Assistant Labour Commissioner during conciliation proceedings, according to management none of these notices
contained the name of petitioners.
According to the petitioners, the dispute in case R/34/2010 was raised by the Secretary of the Union who is an
applicant in the present case also. List of the workmen affected in the said case was adjudication. A copy has been filed
by the petitioners which is a certified copy obtained by them from the file of case R/34/2010. This list contains the
name of the applicants also.
The management does not denied that services of the petitioners were terminated by them in 2013, when the
reference case was pending before this Tribunal, the reference case is still pending before Hon‘ble High Court in the
aforesaid writ.
In light of these facts the action of the management of Satna Cement Factory in terminating the services of the
petitioners without approval of this Tribunal is held in violation of Section 33A of the Act and petitioners are held to be
reinstated to their original posts on which they were working and also held entitled to all the attendant benefits with
regard to back wages and other benefits, treating them to be in continuous service of management.
Hence, on the basis of above discussion and findings, the petition is disposed with following directions.
ORDER
The action of management of Satna Cement Factory in dismissing the applicant workmen except applicants No.
1, 2 & 4 (whose claims are pending adjudication in other separate cases mentioned earlier), during the pendency
of case R/34/2010 without approval of this Tribunal is held in violation of Section 33-A of the Act. The
applicants are reinstated in service and shall be deemed to be in continuous service of the management. They are
further held entitled to all the backwages and consequential benefits from the date of their termination till the
date of execution of award, to be paid by management within 30 days from the date of publication of the award,
failing which interest @ 6% p.a. from the date of award till payment.
No order as to cost.
DATE:- 08-10-2025
P.K. SRIVASTAVA, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7419
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2119.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार एयरृोटव अथॉररटी ऑफ़ इंजडया; अृिॉट यूरटजलटी सर्मवसेज़ के प्रबंधतंत्र के संबद्ध जनयोजकों और श्रीमती कजवता
बग्गन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट (ररफरेन्स
न.- 48/2020) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ
02.12.2025 को प्राप्त हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-161]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2119.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 48/2020) 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 Airport Authority of India; Upshot Utility Services and Shrimati Kavita Baggan which was received along
with soft copy of the award by the Central Government on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-161]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/48/2020
Present: P.K.Srivastava
H.J.S.(Retd.)
1.
Shrimati Kavita Baggan,
House No.1105, Shivaji Ward,
Gandhi Nagar,
Bhopal (Madhya Pradesh)
Workman
Vs
1.
The Terminal Manager,
Airports Authority of India,
O/o The Airport Director,
Raja Bhoj Airport,
Bhopal (Madhya Pradesh ) - 462 03
2.
The General Manager,
Upshot Utility Services, H-20,
Jeevanandam Salai, 13th Sector,
K.K. Nagar, Chennai (Tamil Nadu)-600 078
Management
(JUDGMENT)
(Passed on this 9th day of October, 2025)
As per letter dated 31/07/2020 by the Government of India, Ministry of Labour, New Delhi, the reference has
been made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‗Act‘) as per Notification
No. J-1(1-38)/2020–IR dt. 31/07/2020. The dispute under reference relates to:
7420
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
“क्या ननयोजक अऩसोट यूटटलऱटी सर्विसेस, भोऩाऱ (जो कक भारतीय र्वमानऩत्तन प्राधधकरण, भोऩाऱ की स्थाऩना में
कायिरत है) व्दारा कमिकार श्रीमती कर्वता बग्गन ऩत्नी स्वगीय संजय बग्गन को टदनांक 08.06.2019 से नौकरी से
बर्ािस्त ककया जाना, र्वधधक उऩ से न्यायोधित है? यटद नहीं तो, वह ककस ऱाभ को और कब से ऩाने की अधधकारी है?”
After registering the case on the basis of reference, notices were issued to the parties. They appeared and filed
their respective statement of claim in defense.
According to the workman, she was appointed in place of her deceased husband who was earlier working
with the management and continued in service of the management from 06 October, 2017 to 08 June, 2019, she was
dismissed on 08.06.2019 by management without any notice or compensation, which is in violation of Section 25-F and
25-G of the Act. The workman has further prayed that holding her termination is against law, she be reinstated with
back wages and benefits.
The case of the Airport Authority is that they had not appointed the workman at any point of time. They
have granted contract for mechanized environment support services in the Bhopal Airport premise to the management
No. 2, M/s Up-Shorts Utility Services, their agreement period was to expire on 36 months from the date of agreement
i.e., 01.08.2018. Infact, the workman was employed by the Contractor Agency.
The contractor M/s Up-Shorts Utility Services, did not appear inspite of services, hence case proceeded ex-
parte against them.
In evidence, the workman has filed her affidavit as her Examination-in-chief, she has been cross-examined by
Airport Authority. Airport Authority has filed affidavit of its witness, Mr. Dharam Raj Verma as his Examination-in-
chief. He has been cross-examined by workman side. Management has filed and proved Ex-M/1, which is the
appointment letter of the workman and Ex-M/2 the agreement. The workman has filed and proved certified statement
of her bank account. No evidence has been adduced by the outsourcing agency, M/s Up-Shorts Utility Services.
I have heard argument of Learned Counsel for workman Mr. Ravish Devaliya and Mr. Pranay Choubey,
Learned Counsel for Airport Authority of India. None appeared for the outsourcing agency. I have gone through the
argument and record as well.
The reference itself is the issue for determination in the case in hand.
Both the sides have corroborated their pleadings in their affidavit as their Examination-in-chief.
The statement of account of the workman shows that money has been transferred in her account on regular
basis by the outsourcing agency and not from the account of Airport Authority of India. The appointment letter to the
workman has been issued by the outsourcing agency.
The management as Airport Authority does not dispute the allegation of the workman that she worked for 240
days and more in every year. The workman has corroborated her this allegation in her statement which is supported by
her statement of account.
From above discussion, it is established that the workman was infact employed by the outsourcing agency in
2018 and not by the management of Airport Authority of India, hence, there is no employer-employee relation between
the workman and Airport Authority rather the workman is held to be employee of the outsourcing agency, M/s Up-
Shorts Utility Services.
Since, it is not disputed that the workman worked for more than 240 days in the year preceding her date of
termination and also that she was not paid any compensation, her termination is held in violation of Section 25-F and
25-G of the Act.
Regarding relief, keeping in view the fact that the workman worked only for two years as an employee of
outsourcing agency, this contract was to expire after 36 months of its execution, which was in 2018, a lump sum
compensation of Rs. 50,000/- in lieu of the claims of the workman to be paid to her by the outsourcing agency within
30 days from the date of publication of award, failing which interest @ 6% per annum from the date of award till
payment will meet the ends of justice, to which the workman is held entitled.
On the basis of above discussion and findings, the reference deserves to be answered as follows:-
AWARD
Holding the action of the management in dismissing workman Smt. Kavita Baggan from the job of
employer M/s Up-Shorts Utility Services, Bhopal (establishment of Airport Authority of India) w.e.f. 08.06.2019 is
illegal and unjustified, she is entitled to lump sum compensation of Rs. 50,000/- in lieu of all her claims to be paid
within 30 days from the date of publication of award, failing which interest @ 6% per annum from the date of award
till payment.
DATE:- 09-10-2025
P.K. SRIVASTAVA, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7421
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2120.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार गुरप्रीत हसह बेदी जसक्योररटी एजेंसी बीएसृी; जभलाई स्ट्टील प्लांट, सेल के प्रबंधतंत्र के संबद्ध जनयोजकों और
श्री अजय कुरे के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट
(ररफरेन्स न.- 28/2025) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट
कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-163]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2120.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 28/2025) 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 Gurpreet Singh Bedi Security Agnecy BSP; Bhilai Steel Plant, SAIL and Shri Ajay Kurre which was received
along with soft copy of the award by the Central Government on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-163]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/28/2025
Present: P.K.Srivastava
H.J.S.( Retd.)
Ajay Kurre
H.No. 24, Dixit Colony, Kosa Nagar
Bhilai, Street No. 10, Near Badminton Court
Durg, Chhattisgarh - 490020
Workman
Versus
1. Gurpreet Singh Bedi Security Agency BSP,
Office No. 5, 4rth Floor Rio Complex Laalpur
Raipur, Chhattisgarh – 492015
2. The Director Incharge
Bhilai Steel Plant, Steel Authority of India
Bhilai, District – Durg (CG) - 490001
Management
AWARD
(Passed on this 09th day of October - 2025.)
As per letter dated 27/12/2024 by the Deputy Chief Labour Commissioner (Central) Raipur, 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 RP-8(3-20) /2024-ES-III(ID) dt. 27/12/2024. The dispute under reference related to :-
“Whether the demand of the workman for lumpsum relief compensation of Rupees Fifty Thousand only
(Rs 50K) is justified ? If yes, to what all remedies, is the workman entitled to in relation to the present
industrial disputes ?”
7422
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
After registering a case on the basis of the reference, notices were sent to the parties and served. None of the
parties filed any Statement of Claim or Written Statement of Defense. The workman side never appeared.
Since the initial burden to prove the case lies with the workman, and he has failed to discharge this
burden, the claim is held to be not proved. Accordingly, the reference is answered against the workman.
DATE: 09/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2121.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार गुरप्रीत हसह बेदी जसक्योररटी एजेंसी बीएसृी; जभलाई स्ट्टील प्लांट, सेल के प्रबंधतंत्र के संबद्ध जनयोजकों और
श्री मुरली कृ्ण वी के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट
(ररफरेन्स न.- 29/2025) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट
कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-164]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2121.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 29/2025) 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 Gurpreet Singh Bedi Security Agnecy BSP; Bhilai Steel Plant, SAIL and Shri Murli Krishna V which was
received along with soft copy of the award by the Central Government on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-164]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/29/2025
Present: P.K.Srivastava
H.J.S.( Retd.)
Murli Krishna V,
H.No. 24, Dixit Colony, Kosa Nagar
Bhilai, Street No. 10, Near Badminton Court
Durg, Chhattisgarh - 490020
Workman
Versus
1. Gurpreet Singh Bedi Security Agency BSP,
Office No. 5, 4rth Floor RIO Complex Laalpur
Raipur, Chhattisgarh – 492015
2. The Director Incharge
Bhilai Steel Plant, Steel Authority of India
Bhilai, District – Durg (CG) - 490001
Management
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7423
AWARD
(Passed on this 09th day of October - 2025.)
As per letter dated 27/12/2024 by the Deputy Chief Labour Commissioner (Central) Raipur, 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 RP-8(3-21) /2024-ES.III dt. 27/12/2024. The dispute under reference related to :-
“Whether the demand of the workman for lumpsum relief compensation of Rupees Fifty Thousand only
(Rs 50K) is justified ? If yes, to what all remedies, is the workman entitled to in relation to the present
industrial disputes ?”
After registering a case on the basis of the reference, notices were sent to the parties and served. None of the
parties filed any Statement of Claim or Written Statement of Defense. The workman side never appeared.
Since the initial burden to prove the case lies with the workman, and he has failed to discharge this
burden, the claim is held to be not proved. Accordingly, the reference is answered against the workman.
DATE: 09/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2122.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार जभलाई स्ट्टील प्लांट, सेल; श्री दुगाव कंस्ट्रक्िन के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री राम लाल साहू के बीच
अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट (ररफरेन्स न.- 30/2025) को
जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को
प्राप्त हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-165]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2122.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 30/2025) 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 Bhilai Steel Plant, SAIL; Sri Durga Contruction and Shri Rum Lal Sahu which was received along with soft
copy of the award by the Central Government on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-165]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/30/2025
Present: P.K.Srivastava
H.J.S.( Retd.)
Rum Lal Sahu
Lodhipara, Ramnagar, Muktidham
Durg, Chhattisgarh - 490026
Workman
7424
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Versus
1. The Director Incharge
Bhilai Steel Plant,
Steel Authority of India
Bhilai, Dist. Durg (CG)-490001
2. Sri Durga Contruction
Sangram Chowk, Bhilai
Durg, Chhattisgarh-490001
Bhilai, Dist. Durg (CG) - 490001
Management
AWARD
(Passed on this 09th day of October - 2025.)
As per letter dated 23/01/2025 by the Deputy Chief Labour Commissioner (Central) Raipur, 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 RP-08(3-3) /2025-ES dt. 23/01/2025. The dispute under reference related to :-
“Whether the demand of the workman for lumpsum relief compensation of Rupees One Lakhs only
(Rs 1 Lakh) is justified ? If yes, to what all remedies, is the workman entitled to in relation to the present
industrial disputes ?”
After registering a case on the basis of the reference, notices were sent to the parties and served. Learned
Counsel Mr. Sahil Bahadur Singh filed his Vakalatnama on behalf of the Management of Bhilai Steel Plant. None of
the parties filed any Statement of Claim or Written Statement of Defense. The workman side never appeared.
Since the initial burden to prove the case lies with the workman, and he has failed to discharge this
burden, the claim is held to be not proved. Accordingly, the reference is answered against the workman.
DATE: 09/10/2025
P.K.SRIVASTAVA, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2123.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार जभलाई स्ट्टील प्लांट, सेल; मेससव रोजहणी रांसृोटव, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री िकील खान के बीच
अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय, जबलृुर, ृंचाट (ररफरेन्स न.- 32/2025) को
जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को
प्राप्त हुआ था l
[सं. जेड-16025/04/2025-आईआर(एम)-166]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2123.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 32/2025) 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 Bhilai Steel Plant, SAIL; M/s Rohini Transport, and Shri Shakeel Khan which was received along with soft
copy of the award by the Central Government on 02.12.2025.
[No. Z-16025/04/2025-IR(M)-166]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7425
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/32/2025
Present: P.K.Srivastava
H.J.S.( Retd.)
Shakeel Khan
Ward No. 62, New Market Station
Maroda, Civic Centre, Bhilai
District Durg, Chhattisgarh - 490006
Workman
Versus
1. The Director Incharge
Bhilai Steel Plant,
Steel Authority of India
Bhilai, Dist. Durg (CG) - 492006
2. M/s Rohini Transport, BSP
T & D Division, Bhilai
Durg, Chhattisgarh - 490006
Management
AWARD
(Passed on this 09th day of October - 2025.)
As per letter dated 23/01/2025 by the Deputy Chief Labour Commissioner (Central) Raipur, 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 RP-8(3-2) /2025-ES.III dt. 23/01/2025. The dispute under reference related to :-
“Whether the demand of the workman for lumpsum relief compensation of Rupees One Lakhs only
(Rs 1 Lakh) is justified ? If yes, to what all remedies, is the workman entitled to in relation to the present
industrial disputes ?”
After registering a case on the basis of the reference, notices were sent to the parties and served. Learned
Counsel Mr. K.B. Singh filed his Vakalatnama on behalf of the Management of M/s. Rohini Transport. None of the
parties filed any Statement of Claim or Written Statement of Defense. The workman side never appeared.
Since the initial burden to prove the case lies with the workman, and he has failed to discharge this
burden, the claim is held to be not proved. Accordingly, the reference is answered against the workman.
DATE: 09/10/2025
P.K.SRIVASTAVA, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2124.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव उबलगुडी आयरन ओर माइंस (एमएमएल) के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री मनसजय्या, अध्यक्ष,
बेल्लारी जजला गंज कमवचारी संघ के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय,
बैंगलोर, कैंृ कोटव हजदराबाद, ृंचाट (ररफरेन्स न.- 24/2016) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती
हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-26011/17/2016-आईआर(एम)]
सलोनी, उृ जनदेिक
7426
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 2nd December, 2025
S.O. 2124.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 24/2016) of the Central Government Industrial Tribunal
cum Labour Court, Bangalore, Camp Court at Hyderabad as shown in the Annexure, in the Industrial dispute
between the employers in relation to M/s. Ubbalgudi Iron Ore Mines (MML) and Sh. Manasaiah, President,
Bellary Zilla Ganj Karmikara Sangh which was received along with soft copy of the award by the Central
Government on 02.12.2025.
[No. L-26011/17/2016-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BANGALORE, CAMP
COURT At HYDERABAD
DATED
: 18th NOVEMBER 2025
PRESENT : Smt. K P INDIRA B.A., LLB.
Presiding Officer
C R No. 24/2016
I Party
II Party
Sh. Manasaiah, President,
Bellary Zilla Ganj karmikara Sangh,
Shanthi Nivas, 1st Ward, Anand Bazar,
SANDUR -583 119.
The Manager,
M/s. Ubbalgudi Iron Ore Mines (MML),
PWD Quarter, Taranagar,
Sandur, BELLARY – 583 119.
Appearances
I Party :
Sri Sivamanithan S
Advocate
II Party
Sri L Venkatarama Reddy
Advocate
1.
The Government of India, Ministry of Labour vide Order No. L-26011/17/2016-IR(M)
dated 09.06.2016 in exercise of the power conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred as ―The Act‖) (14 of 1947) referred the
following Industrial Dispute to this Tribunal for adjudication:
SCHEDULE
―Whether the action of the management of M/s Mysore Minerals Limited (Ubbalagundi Iron ore
Mines), Sandur, Bellary in not giving relief/not paid the terminal benefits, to the workers Smt. Renuka
and 18 others (as per Annexure-D)working under M/s. Mysore Minerals Ltd (Ubbalagundi Iron ore
mines), Sandur, Bellary, is fair, legal, proper & justified? If not, to what relief the said workmen are
entitled to?‖
2.
After registering the case the date of hearing was fixed as 12.08.2016. Notices were issued to both the
parties. Advocate Maitreyi Krishnan filed vakalath for I Party along with Claim Statement. Advocate
L Venkatarama Reddy filed vakalath for II Party and filed their Counter Statement on 11.05.2017.
3.
Based on the rival pleadings and the schedule the matter came to be posted for Evidence of II Party.
On 22.05.2019, the II Party management examined one witness as MW 1 and fully cross-examined by the I
Party counsel. Ex M-1 to Ex M-3 were marked and closed the II Party evidence. Thereafter several
opportunities were afforded to I Party to adduce evidence but the I Party did not avail so.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7427
4.
In the meantime, Advocate Sivamanithan S filed vakalath for I Party along with NOC of previous
counsel on record. Even though NOC vakalath was filed and sufficient time was afforded to the I Party and his
counsel and notices were sent and served. On their continued absence, the opportunity to adduce evidence was
not availed by the 1st Party.
5.
Barring the list bearing the names of 19 workmen received with the Central Reference. The addresses
of the individual workmen are not provided to this tribunal. Ergo individual notice to the workmen is not
made feesibel in the given case. Thus, the case set forth in the Claim Statement is not proved by the 1st Party
workmen represented by the Union President. Under these circumstance, the only course left with is to pass a
default award in the matter, hence, the following Award is passed.
AWARD
Reference is dismissed for non-prosecution. Transmit.
(Dictated to Secretary to Court, transcribed by him, corrected and signed by me on 18.11.2025)
K P INDIRA , Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2125.—औद्योजगक जववाद अजधजनयम, 1957 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव आर.आर. ृैंगुइंकर एंड कंृनी के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री सदा राम डोइफोडे के बीच अनुबंध में
जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम न्यायालय-2, मुंबई, ृंचाट (ररफरेन्स न.- 11/2009) को जजसा दक
अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त
हुआ था l
[सं. एल-29012/95/2008-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2125.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 11/2009) of the Central Government Industrial Tribunal
cum Labour Court-2, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s. R.R. Painguinkar & Co. and Shri Sada Rama Doifode which was received along with soft copy of the award
by the Central Government on 02.12.2025.
[No. L-29012/95/2008-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE JUSTICE RETIRED SHIV SHANKER PRASAD
PRESIDING OFFICER/LINK OFFICER
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, MUMBAI
PRESENT
JUSTICE RETIRED SHIV SHANKER PRASAD
Presiding Officer/Link Officer
REFERENCE NO. CGIT-2/11 of 2009
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
Party No.1 M/s. R. R. Painguinkar& Co.,
The Managing Director,
M/s. R. R. Painguinkar& Co.,
Chiraband Mines, UguemSanguem,
Goa.
7428
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
AND
THEIR WORKMEN.
Party No.2 (Mr. Sada Rama Doifode)
R/o, H.No. 27, Chiraband,
Uguem, Sanguem,
Goa.
APPEARANCES:
Management
Mr. M. S. Bandodkar
Advocate
Workmen No appearance.
At Camp Goa
AWARD
(Delivered on 19-11-2025)
1.
This Reference has been made by the Central Government in exercise of powers under clause (d) of sub-section
(1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947, vide Government of India, Ministry of
Labour & Employment, New Delhi, order No. L-29012/95/2008 (IR(M) dated 04.02.2009. The terms of reference given
in the schedule are as follows:
“Whether the action of the management of M/s. R. R. Painguinkar in terminating the employment of Shri Sada
Rama Doifode, Clerk w.e.f. 09/01/2007 is legal and justified? To what relief the workman is entitled for?”
2.
The case is called out today. No one is present on behalf of the petitioner. The Learned Counsel Mr. M.
S.Bandodkar Advocate is present on behalf of the respondent. Mr. P. Gaonkar, the General Secretary of the Union is
present before the Court and stated before the court that, he wants to withdraw his authority. Today, the case is fixed for
cross-examination of the workman but neither the representative of petitioner nor he himself is present before the court.
From perusal of record, it is apparent that, the petitioner is not coming to the Court since long back. Although, the
Statement of Claim & the Written Statement have been filed by the parties respectively. Petitioner has also filed his
affidavit as an evidence but, petitioner has not come to the court to prove the contents of the affidavit as well as the
contents of the Statement of Claim.No other evidence has been filed by the petitioner to prove his case. The claim of the
petitioner is not proved. So, the case is closed.
Hence, it is ordered.
ORDER
The action of the management of M/s. R. R. Painguinkar in terminating the employment of Shri Sada Rama
Doifode, Clerk w.e.f. 09/01/2007 is legal and justified. The workman is not entitled to any relief.
At Camp Go
Sd/-
Date: 19-11-2025
Justice SHIV SHANKER PRASAD, Presiding Officer/Link Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2126.— औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 23/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो केन्रीय
सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/21/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7429
New Delhi, the 2nd December, 2025
S.O. 2126.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 23/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/21/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-23 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
1. The present reference has been made by the Central Government by its order No. L-
29011/21/2010(IR(M)) dated 21/07/2011 passed in exercise of the powers conferred by clause (d) of sub-
section (1) and sub-section (2A) of Section 10 of the Industrial Dispute Act 1947. The terms of reference
as per the schedule to the said order are as under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor M/s.
Vishnuprashant S. Tar in refusing employment to S/Shri Kalkappa Vishappa Virshetty, Imran Issac Patel and Rajeasab
Daulsab Muzawar who were working as “ Dumper Operators” in the Shigao Mine of M/s. V.M. Salgaocar Bro. Pvt.
Ltd, w.e.f. 9/3/2010 is legal and justified? To what relief the workman is entitled for?”
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
7430
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would
be, who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of
the respondent to prove the termination order as illegal. He was required to lead evidence first which he
failed. A perusal of the impugned award also does not show that any evidence either oral or documentary
was led by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2127.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 24/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/20/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2127.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 24/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare Union
which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/20/2010-IR(M)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7431
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-24 of 2011
Parties: Employers in relation to the management of
1. The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
1.
The present reference has been made by the Central Government by its order No. L-29011/20/2010(IR(M))
dated 21/07/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor M/s.
Vishnuprashant S. Tar in refusing employment to Shri Sharda Rama Kesarkar “Wheel Loader Operator” in
the Shigao Mine of M/s. V.M. Salgaocar Bro. Pvt. Ltd, w.e.f. 21/2/2010 is legal and justified?” in the shigao
Mine of M/s. V.M. Salgaocar Bro, Pvt. Ltd, w.e.f. 21/2/2010 is legal and justified?” To what relief the
workman is entitled for?”
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality of the
order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a workman raises
a dispute challenging the validity of the termination of service if is imperative for him to file written statement before
the Industrial Court setting out grounds on which the order is challenged and he must also produce evidence to prove
his case. If the workman fails to appear or to file written statement or produce evidence, the dispute referred by the
State Government cannot be answered in favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
7432
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd., V.K. Raj
Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR 38 and Meritech
India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on behalf of the workman
the reference is bound to be answered by the court against the workman. In such a situation it is not necessary for the
employers to lead any evidence at all. The obligation to lead evidence to establish an allegation made by a party is on
the party making the allegation. The test would be, who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the respondent
to prove the termination order as illegal. He was required to lead evidence first which he failed. A perusal of the
impugned award also does not show that any evidence either oral or documentary was led by the respondent. In the
case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2128.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 25/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/19/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2128.— In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 25/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare Union
which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/19/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-25 of 2011
Parties: Employers in relation to the management of
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7433
1. The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
1.
The present reference has been made by the Central Government by its order No. L-29011/19/2010(IR(M))
dated 21/07/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as
under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor
M/s. Vishnuprashant S. Tar in refusing employment to Shri Venkatesh M. Rathod “Excavator Operator” in
the Shigao Mine of M/s. V.M. Salgaocar Bro. Pvt. Ltd, w.e.f 15.2.2010 is legal and justified? To what relief
the workman is entitled for?”
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality of the
order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a workman
raises a dispute challenging the validity of the termination of service if is imperative for him to file written statement
before the Industrial Court setting out grounds on which the order is challenged and he must also produce evidence
to prove his case. If the workman fails to appear or to file written statement or produce evidence, the dispute referred
by the State Government cannot be answered in favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd., V.K. Raj
Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR 38 and
Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on behalf of the
workman the reference is bound to be answered by the court against the workman. In such a situation it is not
necessary for the employers to lead any evidence at all. The obligation to lead evidence to establish an allegation
made by a party is on the party making the allegation. The test would be, who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by the
respondent. In the case of no evidence, the reference has to be dismissed.”
7434
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
JusticE ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2129.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 27/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/18/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2129.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 27/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/18/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-27 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7435
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
The present reference has been made by the Central Government by its order No. L-29011/18/2010(IR(M))
dated 04/08/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as
under:
“Whether the charter of demands dated 30/11/2009(Annexure-IA) served on the management of M/s. V.M.
Salgaocar & Bro. Pvt. Ltd., By the Goa Mining Labour Welfare Union is legal and justified? If yes, to what
relief the Union is entitle for?”
In view of the above said facts the claimant/workman has not field any statement of claim /evidence in support of his
case on affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the
Hon'ble High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality
of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a
workman raises a dispute challenging the validity of the termination of service if is imperative for him to file
written statement before the Industrial Court setting out grounds on which the order is challenged and he
must also produce evidence to prove his case. If the workman fails to appear or to file written statement or
produce evidence, the dispute referred by the State Government cannot be answered in favour of the workman
and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR
38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or
on behalf of the workman the reference is bound to be answered by the court against the workman. In such a
situation it is not necessary for the employers to lead any evidence at all. The obligation to lead evidence to
establish an allegation made by a party is on the party making the allegation. The test would be, who would
fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by
the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any statement of claim, so it is a case of no statement of claim filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2130.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
7436
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 38/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/27/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2130.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 38/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/27/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-38 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
The present reference has been made by the Central Government by its order No. L-29011/27/2010(IR(M)) dated
25/11/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of Section
10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as under:
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7437
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor
M/s. Vishnuprashant S. Tar in refusing employment to S/Shri Yaseen Azad Shirkole w.e.f. 1/12/2009 is legal
and justified? To what relief the workman is entitled for?”
In view of the above said facts the claimant/workman has not field any evidence in support of his case on affidavit, in
spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble High Court in
the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality
of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a
workman raises a dispute challenging the validity of the termination of service if is imperative for him to file
written statement before the Industrial Court setting out grounds on which the order is challenged and he
must also produce evidence to prove his case. If the workman fails to appear or to file written statement or
produce evidence, the dispute referred by the State Government cannot be answered in favour of the workman
and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR
38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or
on behalf of the workman the reference is bound to be answered by the court against the workman. In such a
situation it is not necessary for the employers to lead any evidence at all. The obligation to lead evidence to
establish an allegation made by a party is on the party making the allegation. The test would be, who would
fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by
the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
JusticE ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2131.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 39/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/30/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2131.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 39/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/30/2010-IR(M)]
SALONI, Dy. Director
7438
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-39 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
The present reference has been made by the Central Government by its order No. L-29011/30/2010(IR(M))
dated 25/11/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as
under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor M/s.
Vishnuprashant S. Tar in refusing employment to S/Shri Sandeep Ramakant Dalvi w.e.f. 19/10/2009 is legal
and justified? To what relief the workman is entitled for?”
In view of the above said facts the claimant/workman has not field any Rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality of the
order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a workman
raises a dispute challenging the validity of the termination of service if is imperative for him to file written statement
before the Industrial Court setting out grounds on which the order is challenged and he must also produce evidence
to prove his case. If the workman fails to appear or to file written statement or produce evidence, the dispute referred
by the State Government cannot be answered in favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7439
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd., V.K.
Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR 38
and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on
behalf of the workman the reference is bound to be answered by the court against the workman. In such a
situation it is not necessary for the employers to lead any evidence at all. The obligation to lead evidence to
establish an allegation made by a party is on the party making the allegation. The test would be, who would fail
if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by the
respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
JusticE ANIL KUMAR, Presiding Officer
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2132.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध जनयोजकों
और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं श्रम
न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 40/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/28/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2132.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 40/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/28/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-40 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
7440
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
AWARD
The present reference has been made by the Central Government by its order No. L-29011/28/2010(IR(M))
dated 25/11/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor
M/s. Vishnuprashant S. Tar in refusing employment to Mr. Mohammad Shahanavaz Sidiqqui w.e.f. 30/11/2009
is legal and justified? To what relief the workman is entitled?”
In view of the above said facts the claimant/workman has not field any evidence in support of his case on affidavit, in
spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble High Court in
the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality of
the order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a
workman raises a dispute challenging the validity of the termination of service if is imperative for him to file
written statement before the Industrial Court setting out grounds on which the order is challenged and he must
also produce evidence to prove his case. If the workman fails to appear or to file written statement or produce
evidence, the dispute referred by the State Government cannot be answered in favour of the workman and he
would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR
38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on
behalf of the workman the reference is bound to be answered by the court against the workman. In such a
situation it is not necessary for the employers to lead any evidence at all. The obligation to lead evidence to
establish an allegation made by a party is on the party making the allegation. The test would be, who would fail
if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by the
respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Justice ANIL KUMAR, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7441
नई ददल्ली, 2 ददसम् बर, 2025
का.आ. 2133.—औद्योजगक जववाद अजधजनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में, केन्रीय
सरकार मेससव वी.एम. सालगांवकर एंड ब्रो. प्राइवेट जलजमटेड; मेससव जव्णुप्रिांत एस. तार के प्रबंधतंत्र के संबद्ध
जनयोजकों और गोवा माइहनग लेबर वेलफेयर यूजनयन के बीच अनुबंध में जनर्ददष्ट केन्रीय सरकार औद्योजगक अजधकरण एवं
श्रम न्यायालय-1, मुंबई, ृंचाट (ररफरेन्स न.- 41/2011) को जजसा दक अनुलग्नक में ददखाया गया हज, प्रकाजित करती हज जो
केन्रीय सरकार को सॉफ्ट कॉृी के साथ 02.12.2025 को प्राप्त हुआ था l
[सं. एल-29011/29/2010-आईआर(एम)]
सलोनी, उृ जनदेिक
New Delhi, the 2nd December, 2025
S.O. 2133.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 41/2011) of the Central Government Industrial Tribunal
cum Labour Court-1, Mumbai as shown in the Annexure, in the Industrial dispute between the employers in
relation to M/s. V.M. Salgaocar & Bro. Pvt. Ltd; M/s. Vishnuprashant S. Tar and Goa Mining Labour Welfare
Union which was received along with soft copy of the award by the Central Government on 02.12.2025.
[No. L-29011/29/2010-IR(M)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,
MUMBA
(CAMP COURT GOA)
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-41 of 2011
Parties: Employers in relation to the management of
The Managing Director,
M/s. V.M. Salgaocar & Bro. Pvt. Ltd,
Salgaocar House, Vaco-Da-Gama,
Goa-403802.
2. M/s. Vishnuprashant S. Tar
Vishnu Smruti Building, Opp. Mapusa Judicial Court,
Attinho Mapusa, Bardez- Goa.
And
The General Secretary,
Goa Mining Labour Welfare Union,
Velho‘s Building
2nd Foor, Opp. Municipal Garden,
Panji, Goa-403001.
Appearances:
For the first party Management
:
M.S. Bandonkar(Adv.)
For the second party workmen
:
Absent
Goa, dated the 12th day of November, 2025.
7442
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
AWARD
The present reference has been made by the Central Government by its order No. L-29011/29/2010(IR(M))
dated 25/11/2011 passed in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 of the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as
under:
“Whether the action of the management of M/s. V.M. Salgaoncar & Bro. Pvt. Ltd,/ their Contractor M/s.
Vishnuprashant S. Tar in refusing employment to Shri Sushat Usapkar w.e.f. 19/10/2009 is legal and
justified? To what relief the workman is entitled for?””
In view of the above said facts the claimant/workman has not field any evidence in support of his case on affidavit, in
spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble High Court in
the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality
of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a
workman raises a dispute challenging the validity of the termination of service if is imperative for him to file
written statement before the Industrial Court setting out grounds on which the order is challenged and he must
also produce evidence to prove his case. If the workman fails to appear or to file written statement or produce
evidence, the dispute referred by the State Government cannot be answered in favour of the workman and he
would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd., V.K.
Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR 38
and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on
behalf of the workman the reference is bound to be answered by the court against the workman. In such a
situation it is not necessary for the employers to lead any evidence at all. The obligation to lead evidence to
establish an allegation made by a party is on the party making the allegation. The test would be, who would fail
if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A
perusal of the impugned award also does not show that any evidence either oral or documentary was led by the
respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any affidavit (examination-in-chief), so it is a case of no evidence filed on behalf of
workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 3 ददसम् बर, 2025
का.आ. 2134.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
मु्यालय ृजिमी नौसेना कमान ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V औद्योजगक
fookn esa dsUnzh; ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; eqEcbZ- 1, ds iapkV (27/2023) izdkf”kr djrh gSA
[सं. एल-42011/07/2023-आईआर(बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 3rd December, 2025
S.O. 2134.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 27/2023) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -1 as shown in the Annexure, in the industrial dispute between the management of Headquarter
Western Naval Command and their workmen.
[No. L-42011/07/2023- IR (B-I)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7443
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1
MUMBAI
Present
JUSTICE ANIL KUMAR
Presiding Officer
REFERENCE NO.CGIT-1/27 of 2023
Parties : Employers in relation to the management of
Headquarter Western Naval Command
And
Their Workmen
Appearances:
For the first party Management
:
Mr. B.K. Ashok, Adv.
For the second party workmen
:
Absent
State
:Maharashtra
Mumbai, dated the 13th day of August, 2025
AWARD
1. The present reference has been made by the Central Government by its Order dated 09.03.2023 passed in
exercise of the powers conferred byClause (d) of sub-section (1) and sub-section (2A) of Section 10 of
the Industrial Dispute Act 1947. The terms of reference as per the schedule to the said order are as under:
―1. Whether the demand raised by Indian Navel Employees Union, Mumbai vide letter dated 20.11.2021
against the action of Management (Headquarter Western Naval Command) for conducting elections for the
Works Committee When the sanctioned post of workmen is more than 100 (i.e. 124) and the actual strength
was less than 100 workmen is legal, proper and justified? If yes, what reliefs the workmen are entitled to and
what other directions, if any, are necessary in this respect?
2.Whether the demand raised Indian Navel Employees Union, Mumbai vide letter dated 20.11.2021 against
action of Management (Headquarter Western Navel Command) in not providing formation, meetings and
functioning of the statutory body elected through due course of election as provided under the Industrial Disputes
Act, 1949 in the guise of actual and sanctioned strength is proper, legal and justified? If Yes, what relief the
workers are entitled to and what other directions, if any, are necessary in this respect?‖
Accordingly present ID case registered before this Tribunal on 6.9.2021
From the perusal of the record, it transpired that in spite of repeated
Opportunity till date the claim statement has not been filed by the second
Party.
For the foregoing reasons, the present case is dismissed for want of
Prosecution.
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 3 ददसम् बर, 2025
का.आ. 2135.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
मेससव ओररएंट फ्रेट सर्मवस, मेससव एृीएम टर्ममनल इंजडया 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; eqEcbZ- 2, ds iapkV
(68/2018) izdkf”kr djrh gSA
[सं. एल-34025/01/2018-आईआर(बी-II)]
सलोनी, उृ जनदेिक
7444
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 3rd December, 2025
S.O. 2135.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.68/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -2 as shown in the Annexure, in the industrial dispute between the management of M/s. Orient
Freight Service, M/s APM Terminal India Pvt. Ltd and their workmen.
[No. L-34025/01/2018- IR (B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE JUSTICE RETIRED SHIV SHANKER PRASAD
PRESIDING OFFICER/LINK OFFICER
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, MUMBAI
PRESENT
JUSTICE RETIRED SHIV SHANKER PRASAD
Presiding Officer/Link Officer
REFERENCE NO. CGIT-2/68 of 2018
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
Party No.1 M/s. Orient Freight Services.,
Maersk India Limited, CFS (Old),
Plot No. 100, Block No.5,
Navi Mumbai – 400707.
M/s. APM Terminal India Pvt. Ltd.,
The West Region Head,
M/s. APM Terminal India Pvt. Ltd
CFS Division, Plot No.5-18, Sector-6,
Dronagiri,
Navi Mumbai – 400707.
AND
THEIR WORKMEN.
Party No.2 (Transport and Dock Workers’ Union)
The Secretary,
Transport and Dock Workers‘ Union,
P.D‘ mello Bhawan, P.D‘ mello Road,
Carnac Bunder,
Mumbai- 400038.
APPEARANCES:
Management
:
Mr. G.S. Desai
Advocate
Workmen
: Absent.
AWARD
(Delivered on 10-10-2025)
1.
This Reference has been made by the Central Government in exercise of powers under clause (d) of sub-
section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947, vide Government of India, Ministry
of Labour & Employment, New Delhi, order No. L-34025/01/2018 (IR(B-II) dated 13.12.2018. The terms of reference
given in the schedule are as follows:
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7445
“Whether the action of the management of M/s. Orient Freight Services, Mumbai, a contractor employed
by M/s. APM Terminals India Pvt. Ltd., Container Freight Department, Mumbai, the Principal Employer,
in retrenching Shri Sumit C. Patil and 98 others, cargo handling workmen, employed at its Container
Freight Station at JNPT with effect from 05.02.2018 is just and proper? If not, what relief the workmen
concerned are entitled to?”
2.
The case is called out today. The Learned Counsel for the First Party No.2 Mr. G.S. Desai is present before
the Court, but none is present on behalf of the petitioner. From perusal of record, it is apparent that, the petitioner is
not responding and attending the Court since 01.04.2020 i.e., more than four years. Although, Statement of Claim and
Written Statement have been filed by the parties respectively, but the petitioner has not filed any evidence to prove his
case. One application dated 09.02.2024 has been moved by the First Party for withdrawal of the case. No objection
has been filed by the petitioner against this application. The petitioner has not come to the Court since long back. It
appears that, the petitioner is not interested to contest the case furthermore. The claim of the petitioner is not proved.
So, the case is closed.
Hence, it is ordered.
ORDER
The action of the management of M/s. Orient Freight Services, Mumbai, a contractor employed by
M/s. APM Terminals India Pvt. Ltd., Container Freight Department, Mumbai, the Principal Employer, in
retrenching Shri Sumit C. Patil and 98 others, cargo handling workmen, employed at its Container Freight
Station at JNPT with effect from 05.02.2018 is just and proper. The workmen are not entitled to any relief.
Date: 10-10-2025
Justice SHIV SHANKER PRASAD, Presiding Officer/Link Officer
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2136.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj अजखल भारतीय आयुर्मवज्ञान संस्ट्थान (एम्स)ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa
fufnZ’V vkS|ksfxd fookn esa
–
सह
–
नं. II] नई ददल्ली ds
iapkV (आई डी नम्बर 114/2021) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr
gqvk FkkA
[सं. एल-20013/01/2025-आईआर(सी. एम-I)]
सलोनी, उृ जनदेिक
New Delhi, the 4th December, 2025
S.O. 2136.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID No. 114/2021) of the Central Government Industrial Tribunal-cum-
Labour Court N0.II, New Delhi as shown in the Annexure, in the industrial dispute between the Management of All
India Institute of Medical Science(AIIMS) and their workmen, received by the Central Government on 27/11/2025
[No. L-20013/01/2025 – IR (CM-I)]
SALONI, Dy. Director
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM – LABOUR COURT NO. II, NEW DELHI
I.D. No. 114/2021
Sh. Omprakash vs. A.I.I.M.S.
Sh. Om Prakash, S/o Late Sh. BihariLal,
R/o Village Sharanwas, Ward No.-06,
District & Tehsil Rewari, Haryana-123401.
…Applicant/Claimant
7446
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Versus
Dr. D.K. Sharma, Medical Superintendent,
All India Institute of Medical Science (A.I.I.M.S.),
Ansari Nagar, New Delhi-110029.
…Management/respondent
Counsels:
For Applicant/ Claimant:
Sh. B.K. Sharma, Ld. AR.
For Management/ Respondent:
Sh. Kautilya, Ld. AR.
AWARD
06.11.2025
1.
In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the
Industrial Disputes Act, 1947 (14 of 1947), the Government of India, through the Ministry of Labour and
Employment, vide its Order No. F. No. ND. 96 (20)/ID (2A) 2021-DY. CLC dated 27.05.2021, has been pleased to
refer the following dispute between and for adjudication by this Tribunal in the following terms:
“Whether the action of the management of AIIMS to terminate the services of Shri Om Prakash illegally
without any reasonable grounds is correct, if not what other relief he is entitled to?
2.
The facts disclosed in the claim statement reveal that this is a second round of litigation, the first having been
filed before the State Labour Court, whereindespite the management raising an objection regarding lack of
jurisdiction, the claimant did not withdraw the claim and proceeded with the matter. The claim was ultimately
dismissed vide order dated 27.03.2014. The claimant then preferred a writ petition before the Hon‘ble High Court,
W.P.(C) No. 996/2015, challenging the said award. The High Court dismissed the petition, holding that the claim
suffered from delay and laches, it was not a case of retrenchment but of non-renewal of a contract upon expiry and
since the workman had not completed 240 days in the year prior to his termination, and he was not entitled to
retrenchment compensation. The Court, therefore, rejected his claim for reinstatement with full back wages.
Thereafter, the claimant preferred a Special Leave Petition before the Hon‘ble Supreme Court which was dismissed in
limine.
3.
Subsequently, the claimant approached the Central Labour Commissioner for conciliation, stating that he had
earlier chosen the wrong forum lacking jurisdiction. In his fresh claim statement, he asserted that he was appointed
with effect from 01.07.1990 as a ―Nursing Orderly‖ through the employment exchange (Reg. No. RMR-2767/90,
R.K. Puram) and worked as a Ward Attendant for five years, up to 31.03.1995, with commercial breaks. The periods
of his alleged engagement are as under:
Sl. No. Date of Engagement Date of Disengagement Total Days Worked
1
01-07-1990
30-09-1990
92
2
04-10-1990
31-12-1990
89
3
01-01-1991
31-03-1991
45
4
04-04-1991
30-06-1991
88
5
01-08-1991
30-09-1991
61
6
11-01-1992
30-03-1992
80
7
10-04-1992
31-07-1992
113
8
01-10-1992
31-12-1992
92
9
01-10-1993
31-12-1993
92
10
01-01-1995
31-03-1995
90
Total
885
4.
The claimant states that he was disengaged as a casual labourer on 31.03.1995. According to him, thousands
of daily wage employees recruited during that period were regularised by AIIMS after being granted temporary status
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7447
(Ref. Memo dated 28.07.1999), but he was excluded despite being similarly placed. He narrates having made
numerous representations since 10.10.1995 to the management, the Ministry of Health and Family Welfare, the
Regional Commissioner, the SC/ST Commission, MLA, speaker etc. He relies particularly on the Ministry of Health
and Family Welfare‘s recommendation dated 02.03.2000 (F. No. 06/Health-P/99-SSW-II) for his re-appointment,
which AIIMS declined on the ground that he had already served for five years and had become overage for
absorption. Therefore, the claimant seeks directions to the management for payment of back wages from the date of
alleged illegal termination till the date of retirement, with interest.
5.
The claimant also assailed the award dated 27.03.2014 passed by the labour court, opposing that it failed to
consider his total service of 880 days between 01.07.1990 and 30.03.1995 as evidenced by certificates issued by the
respondent, that his termination was effected without notice and was thus arbitrary and unlawful, that he was
deliberately not informed about the 1997 interview, that his candidature was wrongly rejected in 1999 on the ground
of overage, and that his case warranted sympathetic consideration, being from a weaker section and having family
responsibilities.
6.
In response, the management submitted its written statement asserting that the claimant, Sh. Om Prakash,
was employed as a hospital attendant on a daily wage basis in the Main Hospital during intermittent spells between
01.07.1990 and 31.03.1995, performing in total 880 days of service over several intermittent periods. It is submitted
that in no calendar year to the last engagement the claimant had served 240 days of continuous service as explained in
Section 25(B)(2) of the Industrial Disputes Act, 1947, and during the twelve months immediately before 31.03.1995,
he had actually worked only 90 days. The management stated that no break in his service by reason of any situation
in Section 25(B)(1) like illness, sanctioned leave, accident, judicial strike or lock-out not traceable to the workman.
On this premise, the management opposes that the statutory requirement of continuous service is not met, and
therefore, no right to regularization or re-employment arises in favour of the claimant.
7.
It is also asserted that in August 1995 the Institute made a policy decision that no new individuals would be
employed on daily wages and only those persons who were already in service on the cut-off date would be kept. Any
further engagementwould be done from among individuals who had worked earlier in the Institute. This policy was
also maintained by the Hon'ble High Court of Delhi on 02.02.1999, because the claimant was not in contract on the
date of cut-off, he had no benefit under it. The contention made by the claimant that the act of the management was
discriminatory and against Articles 14 and 16 of the Constitution are met with denial, the management arguing that
the record itself shows that the service of the claimant was intermittent, and that even assuming the collective days
worked as pleaded, the failure to complete 240 continuous days of continuous service in any single year renders him
ineligible for the relief sought.
8.
The management contradicts the claim that juniors to the claimant were hired or recommended for
employment while the claimant himself was denied. It is asserted that no documentary evidence has been provided to
support that the individuals mentioned such as Sh. Giri Raj, Sh. Dai Chand, Sh. Bhupender, and Sh. MukutBihari
were in a similar position. Even if suggestions had been given by the Medical Superintendent or by the Ministry of
Health & Family Welfare, the same would not prevail over the statutory eligibility criteria or the recruitment rules
framing engagement.
9.
In connection with the later recruitment exercise in July 1997, it is alleged that some daily wage posts fell
vacant in the Sanitation Department against leave vacancies, applications were sought, and the claimant applied. On
closer examination, however, he was proven to be two and a half years overage even after taking advantage of the
admissible age relaxation of five years granted in favour of Scheduled Caste candidates. Being born on 10.03.1962,
his candidature was not accepted as per the recruitment rules prevailing at the time. This, in the view of the
management, was a case of scrupulous compliance with terms of eligibility and had no chance of arbitrariness.
10.
Another pre-preliminary objection taken by the management is that the current proceedings stand barred by
the doctrine of res judicata under Section 11 of the Code of Civil Procedure, 1908. The same cause of action and
questions, it is submitted, have been directly and substantially in question between the parties in previous proceedings
before the proper forums and have been determined against the claimant. In the initial round of litigation, W.P.(C)
No. 40/2002 filed with the Hon'ble High Court of Delhi against his rejection for re-engagement on the basis of being
overage was rejected on 07.01.2005. Subsequently, ID No. 542/2010 with the Labour Court, Karkardooma, was
rejected on 27.03.2014, declaring that the workman is not eligible for any relief. The claimant then approached the
Hon‘ble High Court again in W.P.(C) No. 996/2015 seeking reinstatement, which too was dismissed on 22.04.2015.
The management asserts that these decisions attained finality and conclusively adjudicated the matter, and that the
present proceedings are nothing but an attempt to re-litigate an issue already settled on merits.
11.
It is argued that the rule of res judicata is in pursuit of imparting finality to judgments and has the effect to
preclude a second suit or action where the matter directly and substantially in controversy has already been
adjudicated between the same parties, or those under whom they claim, by a court capable of trying the subsequent
case. As the prior judgments already established the claimant's right and qualification, the same cannot be reopened.
12.
Effectively, the management asserts that the claimant's employment was never continuous under the
statutory requirement; that he was not in service on the cut-off date for the 1995 policy nor was he eligible in the 1997
7448
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
recruitment exercise on account of overage; that discriminatory or selective regularisation allegations lack foundation;
and that consecutive rejection by the courts of his claims illustrates that the current dispute lacks merit and is barred in
law. On these grounds, the management prayed for dismissal of the claim.
13.
It is also important to mention here that, as per the record from the Labour Commissioner, Assistant Labour
Commissioner, Ms. Sakshi Chugh, while dealing with the claim of the claimant, has opined that further reference for
adjudication in the present dispute is against the principle of res judicata, as enunciated by the Hon‘ble Supreme
Court in the matter of Chairman and Managing Director, The Fertilizers and Chemicals Travancore Ltd. & Anr.
vs. General Secretary FACT Employees Association & Ors. (Civil Appeal No. 3803/2019), considering the fact that
matter has attained finality after the dismissal of the SLP preferred by the claimant against the order of the Hon‘ble
High Court of Delhi. However, despite this, the matter has been referred to this Tribunal for fresh adjudication on the
ground that the Central Government is the appropriate authority.
14.
Considering the fact that the same matter between the same parties has already attained finality, the principle
of res judicata is applicable in the present case. Moreover, it would be a waste of time for this Tribunal to allow the
matter to be contested again, because of the fact that matter has already been adjudicated before the competent Labour
Courts of the Government of Delhi, where this matter was filed earlier. It was the management that raised the
objection regarding lack of jurisdiction. However, instead of withdrawing the claim, the claimant preferred to
continue the proceedings before the appropriate Court/Tribunal. Therefore, he has assumed the jurisdiction of that
Court. Moreover, if the petition is allowed to continue, the evidence would be the same which had been led before the
earlier Courts/Tribunal. Entertaining the same dispute again would amount to waste of the valuable time of this
Tribunal.
15.
In view of the above discussion, claim is not maintainable as it is barred by the principles of res judicata.
Hence, claim stands dismissed. Award is passed accordingly. A copy of this award is sent to appropriate government
for notification under section 17 of the I.D. Act. File is consigned to record room.
ATUL KUMAR GARG, Presiding Officer
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2137.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj चाइना सदनव एयरलाइंस कंृनी जलजमटेड.ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k
esa fufnZ’V vkS|ksfxd fookn esa
–
सह
–
नं. II] नई ददल्ली ds
iapkV (आई डी नम्बर 112/2014) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr
gqvk FkkA
[सं. एल-20013/01/2025-आईआर(सी. एम-I)]
सलोनी, उृ जनदेिक
New Delhi, the 4th December, 2025
S.O. 2137.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID No. 112/2014) of the Central Government Industrial Tribunal-cum-
Labour Court N0.II, New Delhi as shown in the Annexure, in the industrial dispute between the Management of
China Southern Airlines Co.Ltd.and their workmen, received by the Central Government on 27/11/2025.
[No. L-20013/01/2025 – IR (CM-I)]
SALONI, Dy. Director
ANNEXURE
BEFORE CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM – LABOUR COURT NO. II,
NEW DELHI
ID No. 112/2014
Sh. Nitin Kohli
R/o- Flat No. 96, Priyadarshni Apartment,
A-4, Paschim Vihar,
New Delhi-110063.
…Applicant/Claimant
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7449
Versus
1.
Mr. Chen Yong Guang, General Manager-India,
China Southern Airlines Co. Ltd.,
118, New Delhi House,
27, Barakhamba Road,
Connaught Place, New Delhi.
2.
Mr. Yan Cheng Ming, Station Manager,
China Southern Airlines Co. Ltd.,
IGI Airport-Terminal-3, New Delhi.
…Management/Respondents
Counsels:
For Applicant/ Claimant:
None.
For Management/ Respondent:
None.
AWARD
06.10.2025
1.
This is an application under section 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as
―the Act‖) filed by the claimant stating that he was appointed by the management as Assistant Station Manager on
01.09.2009 and posted to IGI Airport Terminal-3. He worked with the management diligently and honestly and
sincerely to the entire satisfaction of the managements and has never given any chance for complaint. He was illegally
terminated on 21.01.2014 without assigning any reason which is a violation of section 25F of the ID Act. He has gone
to the conciliation officer. During the course of conciliation before ALC, Delhi on last date i.e. 07.11.2014,
management fraudulently and mischievously produced fabricated documents and obtained false complaints against
him. Hence, he filed the present claim with the prayer that he be reinstated with full back wages.
2.
Management has filed the reply/written statement. He has taken various preliminary objections, stating that
claimant is not the ―workman‖ within the provision of the Industrial Disputes Act; present case is not maintainable, as
the respondent does not fall under the definition of ―management‖ within the Act; present claim is not maintainable as
there is no industrial disputes arises; present claim is not maintainable as the services of the workman was terminated
in accordance with the terms and conditions stipulated in the appointment letter dated 26.08.2009. He further
submitted that the last drawn salary of the workman was Rs. 45,000/- per month. He submitted that a lot of
complaints received against the claimant regarding his behavior. He submitted that claim be dismissed.
3.
After completion of the pleadings vide order dated 01.07.2015, following issues have been framed:
(I)
Whether claimant is workman as per provisions of section 2(s) of the ID Act? If so, its effect?
(II)
Whether there is industrial Disputes between the parties under the provisions of Industrial Disputes? If so, its
effect?
(III)
Whether the services of Sh. Nitin Kohli were illegally terminated by management? If so, its effect?
(IV)
Whether the workman Sh. Nitin Kohli was not gainfully employed after alleged termination of him/after
leaving services of the respondent as alleged by management? If so, its effect?
(V)
Whether the workman is entitled to be reinstated with full back wages and all consequential benefits
alongwith cost?
4.
Matter is listed for cross-examination of the workman. Despite repeated opportunities, no one appeared on
behalf of the management to cross-examine the workman.
5.
I have gone through the record and found that, this case has been listed for arguments since 02.07.2025, on
the maintainability of the claim, in view of the preliminary objections raised by the management regarding status of
the workman. According to the management, claimant does not fall within the definition of the ―workman‖ as defined
under section 2(s) of the Act. However, since July, 2025, claimant was given three opportunities to advance his
argument for clarification on the maintainability of his claim, but he is not appearing for arguing the matter, even
today, after availing three opportunities.
7450
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
6.
It is also the matter of fact that the claimant has tried to amend the claim after framing of issues, by stating
that he was designated as an Assistant Station Manager, however, the designation of manager was merely a Sham or
Camouflage. He was having no managerial, administrative or supervisory powers and was a workman within the
meaning of Section 2(S) of the ID Act. His application was rejected by this Tribunal, so, the claimant cannot say that
he was not the Assistant Station Manager at that time.
7.
To invoke the jurisdiction of this tribunal, first the claimant has to assert that he was a workman within the
definition of Section 2(s) of the Industrial Disputes Act, 1947. Section 2(s) is required to be reproduced herein:
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 3 [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.]
8.
Definition of the workman as provided U/s 2(s) is wide enough to include any person as workman in respect
of his earning; however, section has itself carved out the exception as Clause-(i), (ii), (iii) and (iv). Clause-(iii)
specifically debarred the person, claiming to a workman if he is employed mainly in a managerial or administrative
capacity.
9.
In this regard, the appointment issued on 26.08.2009 is important. In the said appointment letter, it has been
mentioned that claimant was appointed by the management as Assistant Airport Manager, at IGI Airport
Terminal-II, New Delhi-110037. He was given the salary of Rs. 40,000/- per month. It was also mentioned in his
salary slip that he can be terminated any time on 7 days notice on either side.
10.
In the order dated 17.04.2025, he himself admitted in response to the court query that he had completed his
Master‘s degree in Tourism Management in 2006 and his job was to manage the affairs at the site. He also stated
before this Tribunal that he had been supervising three employees at that time.
11.
All these facts establish that the claimant is not the ―workman‖ as defined under section 2(s) of the ID Act.
Hence, his claim stands dismissed. Award is passed accordingly. A copy of this award is sent to the appropriate
government for notification as required under section 17 of the I.D Act, 1947. Record of this file is consigned to
record room.
ATUL KUMAR GARG, Presiding Officer
Date: 06.10.2025
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2138.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj एन एल सी जलजमटेड ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
–
सह
–
] चेन्नई ds iapkV (सन्दभव सं्या 52/2022)
dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. एल-22013/01/2025-आईआर(सी. एम-II)]
सलोनी, उृ जनदेिक
New Delhi, the 4th December, 2025
S.O. 2138.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award ( Reference.I.D.No.52/2022) of the Central Government Industrial Tribunal-
cum-Labour Court, CHANNAI as shown in the Annexure, in the industrial dispute between the Management of NLC
Ltd, and their workmen, received by the Central Government on 27/11/2025.
[No. L-22013/01/2025 – IR (CM-II)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7451
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT
CHENNAI
ID No. 52/2022
Present: SUSHIL KUMAR, PRESIDING OFFICER
Date: 28-10-2025
Sh. K. Balu,
S/o Kanagaraj,
240, Navalar Street,
Block-21, Neyveli,
Cuddalore, Tamil Nadu – 607 807
:
1st Party/Petitioner
AND
1.
The Managing Director
Tentacle Square Squads Pvt. Ltd.
MIG-306, TNHB, Phase-II, 3rd Main Road
Nolambur, Chennai 600037
: First Respondent
2.
The General Manager
M/s. NLC India Limited
Township Administration
Neyveli – 607801
: Second Respondent
Appearance:
For the 1st Party/Petitioner
:
None
For the Respondent No.2
:
M/s. N. Nithianandam
AWARD
The Central Government, Ministry of Labour& Employment vide its Order No. 01/23/2021/PDY/ADJ/A1
dated 30.06.2022 referred the following Industrial Dispute to this Tribunal for adjudication.
The schedule mentioned in that order is:
―Whether the claim of Shri K. Balu alleging termination of employment w.e.f. 18.08.2020 by the
management of Tentacle Sequre Squads P Ltd (NLC Contractor) is legal and justified? If not, to what relief
the workman is entitled to?
2.
On receipt of the above reference dated 30.06.2022 from the appropriate Government, the dispute was
registered as ID No. 52/2022 and due notices were issued to both the parties for their appearance fixing the case to
01.09.2022. Neither the Petitioner nor any Counsel / Authorized Representative turned up resulting further
adjournments to 17.10.2022, 28.11.2022, 01.02.2023, 22.03.2023, 01.06.2023 and 02.08.2023. The Petitioner did
not turn up whereas the Second Respondent filed Vakalat Nama. It reveals from the body of reference that while the
appropriate Govt. sent the reference dated 30.06.2022 to this Tribunal for adjudication, copies of the reference were
sent to the Petitioner and all the opposite parties. It is therefore well presumed that both parties must have received
the reference. Even then, in the interest of justice, the Petitioner was once again directed to appear and to file claim
statement fixing the case to 15.07.2025 and 25.08.2025. The Petitioner did not turn up nor was any authorized
representative of the counsel on his behalf present. The claim statement was not furnished in any manner by the
Petitioner. The R1 was not present, whereas R2 was present. It reveals the Petitioner, despite of sufficient opportunity
choose not to appear or to file claim statement and documents.
3.
In the circumstance it deems proper not to re-list the case for the same purpose to any other date which would
be wastage of the valuable time of this Tribunal. The case was reserved for Final Order.
7452
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
4.
In view of the discussion held supra, it is crystal clear that the petitioner has got no interest to proceed with
the case. Thus, the Tribunal is not in a position to adjudicate the dispute as referred by the Appropriate Government,
as there exists no Industrial Dispute for adjudication as per the reference.
5. In the result the reference is answered against the petitioner.
An Award is passed accordingly.
SUSHIL KUMAR-II, Presiding Officer
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2139.— vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj एन एल सी जलजमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
–
सह
–
] चेन्नई ds iapkV (सन्दभव सं्या 46/2014)
dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. एल-22012/30/2014-आईआर(सी. एम-II)]
सलोनी, उृ जनदेिक
New Delhi, the 4th December, 2025
S.O. 2139.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award ( Reference.I.D.No.46/2014) of the Central Government Industrial Tribunal-
cum-Labour Court, CHANNAI as shown in the Annexure, in the industrial dispute between the Management of NLC
Ltd, and their workmen, received by the Central Government on 27/11/2025.
[No. L-22012/30/2014 – IR (CM-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM – LABOUR COURT, CHENNAI
Date: 18-11-2025
Present: SUSHIL KUMAR-II,
PRESIDING OFFICER
I.D. No.46/2014
BETWEEN
Jeeva Oppandha Thozhilalar Sangam,
Rep. by its General Secretary,
D-13, Mahatma Gandhi Road,
Block-24, Neyveli-607 801.
:
1st Party/ Petitioner
AND
1.The Chairman-cum-Managing Director
M/s. NLC Limited, Corporate Office,
Neyveli-607 801.
2. The General Secretary,
Builders Association of India,
No.104, MRK Salai, Indira Nagar,
Neyveli-607 801.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7453
3. The General Secretary
NLC Contractor‘s Association,
No.46, PTR Mannan Nagar,
Gandhi Gram Post,
Neyveli-607 801.
4. HOWSICOS
Represented by its Managing Director,
Respondent / proposed
Opp.to TPS-I
Neyveli-607 807.
5.Industrial Co-operative Service Society Ltd,
Rep. by its Managing Director,
(shortly INDCOSERVE), Old CMC Complex,
Opposite to TPS-I
Neyveli-607 807.
.
.
:
2n Party/Respondents
Appearance:
For the 1st Party/ Petitioner
:M/s.V.Ajoy Khose, Advocates
For the 2nd Party/ Respondent No.1 :
M/s. N.A.K.Sarma, Advocates
For the 2nd Party/ Respondent No.2 :
None
For the 2nd Party/ Respondent No.3 :
None
For the 2nd Party/ Respondent No. 4 & 5
:M/s. T.S.Gopalan, Advocates
The Central Government, Ministry of Labour & Employment vide its Order No.L-22012/30/2014-IR(CM-II)
dated 03-06-2014 referred the following Industrial Dispute to this Tribunal for adjudication:-
2. The schedule mentioned in that order is:
―Whether the demand of the unions in demanding maximum Bonus of 20% and ex-gratia from the
management of M/s. NLC Ltd., is legal and justified? If not, to what relief the workmen are entitled to?”
3.
The substance of the claim petition is that the II Party/Management maintains two different conditions of
service in the matter of pay and allowances. After the year 2005-06, the Respondent is paying minimum bonus @
8.33% restricted to salary ceiling and payment ceiling and announced small amount of ex-gratia and it was revised
and increased year to year and the minimum bonus @ 8.33% is restricted for payment ceiling upto Rs.3,500/-.
Therefore, it is alleged that the Respondent has committed large scale disparity in payment of bonus and incentives
between the regular employees and contract employees.
4.
The 1st Party/Petitioner union had made a demand vide letter dated 08.11.2013 requesting to pay bonus
and incentives to contract labourers at par with the regular employees. The Assistant Labour Commissioner (Central),
Puducherry and the conciliation officer took up the said dispute for conciliation.
5.
The II Party/Management came up with a plea that any demand for payment of bonus has to be made only
to the contractors, who are the immediate employers of the contract labourers. While the number of contract
labourers employed by the II Party/Management has out numbered, the regular workers belonging to labour and
non-executive category. The contract labourers are doing the same work as that of regular employees. Therefore,
contract labourers are not only entitled to same wages and allowances and other benefits on the ‗principle of equal
pay for equal work‘ but also bonus and incentives at par with regular employees and failure to extend the same is
amounting to violation of Article 14,16 and 21 of the Constitution of India.
6.
The Petitioner union pleads that this Tribunal may be pleased to pass an Award holding that demand of 1st
Party/Union for payment of maximum bonus of 20% and ex-gratia for the contract labourers from the II
Party/Management is legal and justified and consequently, direct the II Party/Management to pay maximum bonus
of 20% to the contract labourers without reference to the salary ceiling and payment ceiling and ex-gratia amount so
as to make bonus and ex-gratia equal to the QPPR and PLI as given to regular employees and also to pay bonus and
incentives to the contract employees in future on par with the regular employees.
7454
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
7.
The Respondent in its reply stated that 1st Party Union has no logus standi to maintain the industrial dispute,
since it is settled legal position in service jurisprudence that payment of bonus to an individual is a personal
dispute. The case of each individual would be different and it may not be identical and depends on its own facts and
circumstances of the case, then the concerned individual can raise dispute regarding bonus and other allowances.
8.
The contract workers are not employees of the II Party/Corporation. The employer of the contract workers
are their respective private contractors. So any claim for bonus and other entitlements has to be made to the respective
contractor /employer. The Respondent Corporation is not the employer of the contract workers.
9.
It is further stated that none of the regular employees of the II Party/Management fall within the ambit and
scope of the provisions of Payment of Bonus Act, 1965 for the reason that no employee satisfies the condition of
wage ceiling prescribed u/s.2(13) of the Bonus Act, 1965. The II Party is not paying any bonus in terms of Bonus Act,
1965 to its employees. Similarly, no amount towards ex-gratia are paid to regular employees.
10.
The Respondent further stated that the II Party/Management engaged private contractors for executing
various types of work for which purpose contractors engaged contract workers. The respective private contractors
are employers of the contract workers and have their own common code allotted by the PF authorities and the
contract workers are paid wages by the respective contractors.
11. The Respondent further stated that regular workers of the II Party/Corporation and contract workers do not
perform the same work. The nature of work is entirely different and their work are not permanent in nature.
Therefore, the contract workers are not entitled to receive bonus @ 20% and ex-gratia.
12.
The Respondents No.4 & 5 stated in the reply statement that they supplied all manpower for housing
keeping services and service in maintenance of work inside the factory and mines area respectively and no demand
has been made against the 4th & 5th Respondents. Therefore, they pleaded that the dispute raised against the 4th & 5th
Respondents are liable to be dismissed as not maintainable.
13.
In the rejoinder, the Petitioner Union has stated that 50% of labourers are members of the 1st Party
Petitioner union. The Hon'ble High Court of Madras has already given a direction for absorption of contract labourers
based on their seniority with reference to their membership in INDCOSERVE society.
Witnesses Examined:
For the First Party Petitioner :
WW1 Shri K.Venkatesan
For the 2nd Party/Management :
MW1 Shri C.Thiagaraju, General Manager, HR
Documents Marked:
On the Petitioner‘s side:
Ex.No.
Date
Description
Ex.W1
05.09.2013
Minutes of Understanding between NLC and recognized unions
Ex.W2
08.11.2013
Representation given by 1st Party Union
Ex.W3
10.02.2014
Remarks filed by II Party Management before ALC(Chennai)
Ex.W4
25.02.2014
Failure report
Ex.W5
03.06.2014
Order of reference
Ex.W6
-
Form E and membership Register
Ex.W7
-
Resolution and Bye law of I Party Union
Ex.W8
28.02.2007
Award in ID No.306/2004
Ex.W9
13.08.2007
Payment of monthly wages increased by II Party
Ex.W10
07.09.2007
Order issued by II Party/Management
Ex.W11
10.09.2007
Order issued by II Party/Management
Ex.W12
10.09.2007
Order issued by II Party/Management
Ex.W13
18.10.2007
Order issued by II Party/Management
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7455
Ex.W14
20.09.2007
Order issued by II Party/Management
Ex.W15
28.09.2007
Order issued by II Party/Management
Ex.W16
20.11.2007
Order issued by II Party/Management
Ex.W17
22.01.2008
Letter given by Mr.Venkatesan under RTI Act to II Party
Ex.W18
05.04.2008
Reply given by II Party
Ex.W19
25.11.2014
12(3) Settlement
Ex.W20
07.05.2002
Order issued by the II Party/Party No.1 increasing the rate of daily minimum
wages with effect from 1.2.2002
Ex.W21
29.05.2008
The order issued by the II Party/Party No.1 regarding payment of bonus to the
contract workmen
Ex.W22
13.10.2008
The order issued by the II Party/Party No.1 regarding payment of bonus to the
contract workmen
Ex.W23
05.11.2009
Order issued by the II Party/Party No.1 for payment of Rs.500/- as a goodwill
amount to the contract workmen
Ex.W24
29.10.2010
Order issued by the II Party/Part No.1 regarding payment of ex-gratia/bonus
and advance to the contract workmen
Ex.W25
30.10.2010
12(3) settlement regarding revision of wages and other conditions of service to
the contract workmen
Ex.W26
30.11.2010
Order issued by the II Party/Party No.1 for payment of additional wages to the
contract workmen
Ex.W27
26.06.2012
Order issued by the II Party/Party No.1 payment of a lump sum one time pay
the contract workmen
Ex.W28
25.11.2015
12(3) settlement regarding revision of wages and other conditions of service to
the contract workmen
Ex.W29
26.11.2015
Order issued by the II Party/Party No.1 for payment of minimum bonus, ex-
gratia and lump sum amount
Ex.W30
03.01.2015
The order issued by the II Party/Part No.1 notifying the revised daily rated
wages to the contract workmen
Ex.W31
23.01.2015
Appointment order issued by the II Party/party No.1 to one of the contract
workmen who was absorbed into the services of the II Party/party No.1
Ex.W32
21.05.2015
Order issued by the II Party/Party No.1 for part payment of new performance
linked incentive to the regular unionized category workers
Ex.W33
28.05.2025
Balance sheet for the year 2012-13
Ex.W34
-
Chart showing the 10 years physical performance of the II Party/Party No.1
Ex.W35
-
Chart showing the 10 years financial performance of the II Party/Part No.1
Ex.W36
16.06.2008
12(3) settlement regarding revision of wages and other conditions of service of
the contract workmen
Ex.W37
27.10.2009
12(3) settlement with regard to quarterly plant performance award
Ex.W38
23.10.2013
Order introducing new performance linked incentive to the regular unionist
workers
Ex.W39
30.03.2015
12(3) settlement with regard to revision of OPPR and NPLI
Ex.W40
-
Log Sheet
7456
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Documents Marked:
On behalf of Respondent/Management
Ex.No.
Date
Description
Ex.M 1
2011
Claim Statement filed in I.D.No.24 of 2011 by I Party (disposed of).
Ex.M 2
08.07.2012
Proof Affidavit of Mr.Venkatesan, General Secretary of Jeeva Oppanda
Thozhilalar Sangam in I.D.No.24 of 2011 (disposed of).
Ex.M3
29.05.2008
Circular No.CORP/P&A/709/0931/2008 issued by NLC relating to
payment of statutory bonus and ex-gratia to contract workmen engaged
by Contractors.
Ex.M4
24.06.2008
Award in ID No.58 of 2002
Ex.M5
16.09.2009
Award in ID No.81 to 99 of 2005
Ex.M6
04.09.2010
Memorandum of Settlement under Sec. 12 (3) of Act, 1947 entered into
between Management of NLC and the recognized Unions of NLC.-
Ex.M7
06/17.09.2012
Cross Examination of Mr. Venkatesan, General Secretary of Jeeva
Oppanda Thozhilalar Sangam in I.D.No.24 of 2011 (disposed of).
Ex.M8
11.04.2013
One of Notice Inviting Tender and the Letter of Award of Contract issued
by NLC.
Ex.M9
09.10.2013
Circular No.CORP/HR/709/0931/2013 of NLC relating to payment of
statutory bonus | to contract workmen engaged by Contractors.
Ex.M10
18.10..2013
Circular No.CORP/HR/709/8051/2013 of NLC relating to payment of ex-
gratia to 1 contract workmen engaged by Contractors.
Ex.M11
18.03.2014
Award in I.D No.24 of 2011
Ex.M12
30.09.2015
Wage slip for the month of Sept 2015 as last grade of the Corporation
14.
Heard the learned counsels appeared on either side and perused the records. The question that arises for
consideration is whether the contract labourers is entitled to get maximum bonus @ 20% of the salary/wages and ex-
gratia?
15.
The Payment of Bonus Act, 1965 provides statutory rights to employees to claim bonus. The minimum
bonus as per section 10 of the Act is payable to@ 8.33% and as per section 31A of the Act, it shall not exceed 20%
of salary/wages of the employee.
16.
The Contract Labour (Regulation & Abolition) Act, 1970, provides for registration and licensing in case
one employs more than 20 contract labourers in the organization. This Act also provides various rights to the contract
labourers such as to get wages, overtime wages and allowances, according to Minimum Wages Act. Section 8 of the
Contract Labour (Regulation & Abolition) Act, 1970, provides that any employee who has worked for 30 days or
more shall be entitled to get bonus from the employer. Now the question arises is that who is liable to pay bonus
and ex-gratia to contract labourers. Admittedly, the Respondent is paying bonus to the contract labourers also @
8.33%, but, the Claimant union claims that bonus to be paid @ 20% along with ex-gratia.
17.
In the case of J.K.Ginning & Pressing Factory Vs. P.O Second Labour Court, Akola & Others, where the
factory had employed 10 seasonal workers and the question arose as to their eligibility for bonus, wherein the
Hon‘ble Bombay High Court held that Act does not exclude such seasonal workers. In the case of Arun Mills Ltd.
Vs Dr.Chandra Parshad C.Trivedi (1976) 32 FLR 323, it was held that employees working on a part-time basis are
eligible for bonus. In light of the above judgements, it may be concluded that contract labourers also entitled to get
bonus. Simply the question remains who is liable to pay bonus to contract labourers.
18.
In the case of Cominco Binanao Zinc vs Pappachand (1989) 1 LLJ 452, a factory had hired contract
laboureres to run the management canteen. The dispute arose regarding payment of bonus to contractual laboureres,
wherein the Hon‘ble Kerala High Court held that contractual labour does not become employee of the company
merely because they were managing canteen on behalf of the management and as per section 21(4) of the Contract
Labour (Regulation & Abolition) Act, 1970, principal employer is liable to pay arrears of wages, however, wages do
not include gratuity and bonus and thus, held that principle employer cannot be held to be liable to pay bonus to
contract workers.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7457
19. In the case of Kerala State Civil Supplies Corporation Vs Industrial Tribunal (2007) (I) KLJ 522, the
Appellant a PSU had hired contractual labour and no bonus was paid to these workers on the ground that Bonus Act
does not include contractual labour. The Hon‘ble Court held that workers do not fall within the definition of
employees under the Bonus Act.
20. In the case of Shachindra Kumar Vs. State of Karnataka (2013) LLR 595 (Kar HC), where the labour
department penalized the factory on the ground that contractual labour was not paid bonus equal to regular
employees of the company. In this case, the contract labourers were paid minimum bonus as per section 10 of the
Payment of Bonus Act. The labour department demanded that contract labour should be paid bonus at par with the
regular employees as per provisions of section 11 of the Act. The Hon‘ble Court held that contract labour cannot
be treated on par with the regular employees for the purpose of payment of bonus and the Court quashed the
proceedings against the factory and stated that when contract labourers are not employees as defined under
Payment of Bonus Act, there is no obligation on the part of the employer to pay bonus on par with the regular
employees.
21.
Thus, the above judgements clearly describe that contractual employees will not be entitled to get bonus
from the II Party /Corporation . Admittedly, the Respondent company is paying bonus to contract
labourers @ 8.33%.
AWARD
As per discussion above, the claim petition filed by the Petitioner Union is liable to be dismissed.
The reference is answered accordingly.
Record be consigned to the record room.
SUSHIL KUMAR-II, Presiding Officer
Copy forwarded to:-
1. Jeeva Oppandha Thozhilalar Sangam,
Rep. by its General Secretary,
D-13, Mahatma Gandhi Road,
Block-24, Neyveli-607 801.
2.The Chairman-cum-Managing Director
M/s. NLC Limited, Corporate Office,
Neyveli-607 801.
3. The General Secretary,
Builders Association of India,
No.104, MRK Salai, Indira Nagar,
Neyveli-607 801.
4. The General Secretary
NLC Contractor‘s Association,
No.46, PTR Mannan Nagar,
Gandhi Gram Post,
Neyveli-607 801.
5. HOWSICOS
Represented by its Managing Director,
Respondent / proposed
Opp.to TPS-I
Neyveli-607 807.
6. Industrial Co-operative Service Society Ltd,
Rep. by its Managing Director,
7458
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
(shortly INDCOSERVE), Old CMC Complex,
Opposite to TPS-I
Neyveli-607 807.
7.Guard File .
.
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2140.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj डब्लू सी एल ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सह
-
] नागृुर ds iapkV (
23/2003) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. एल-22012/118/2003-आईआर(सी. एम-II)]
सलोनी, उृ जनदेिक/हलक अजधकारी
New Delhi, the 4th December, 2025
S.O. 2140.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 23/2003) of the Central Government Industrial Tribunal-cum-
Labour Court, Nagpur as shown in the Annexure, in the industrial dispute between the Management of WCL and
their workmen received by the Central Government on 27/11/2025
[No. L-22012/118/2003 – IR (CM-II)]
Deputy Director/Link officer
ANNEXURE
BEFORE SHRI SHIV SHANKER PRASAD PRESIDING OFFICER,
CGIT-CUM-LABOUR COURT, NAGPUR
Case No. CGIT/NGP/23/2003
Date: 13.10.2025.
Party No.1:
The Sub Area Manager,
Rayatwari Sub area of Western Coalfields
Limited, P. O. Rayatwari,
District Chandrapur – (M.S.)
V/s.
Party No.2: 1. The General Secretary,
Koyla Shramik Sabha (HMS), C/o C.G. Khandre
Near Mahakali Mandir, Chandrapur
Chandrapur (M.S.)
2. Shri. Shyamlal Chittu
3. Smt. Asha W/o Shankar Mondhare
4. Shri. Ravindra Mandhare
5. Shri. Khushal Mandhare
AWARD
(Dated: 13th October, 2025)
In exercise of the powers conferred by Clause (d) of sub-section (1) and Sub-section 2(A)of Section 10 of
Industrial Disputes Act, 1947 (14 of 1947) (―the Act‖ in short), the Central Government has referred the industrial
dispute between the employers, in relation to the management of The Sub Area Manager, Rayatwari Sub area of
Western Coalfields Limited, P. O. Rayatwari, District Chandrapur – (M.S.) & and the applicant, Shri. Mukhalal
Dharmu & others for adjudication No. L-22012/118/2002 (IR(CM-II)) dt. 23.12.2002, with the following issues
framed: -
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7459
―Whether the action of the management of Mahakali Colliery of Rayatwari Sub Area of WCL, Dist.
Chandrapur (M.S.) in converting S/Sh. Mukhalal Dharmu, Shymlal Chitu and Shankar Mandhare
from loader category to time rate category and fixing their wages at the middle of commensurate
category of time rate without giving pay protection of loader wages is legal, proper and justified? If
not, to what relief are the workmen entitled and from what date?‖
2.
On receipt of the reference, parties were noticed to file their respective Statement of Claim and Written
Statement. In response to which, the workmen Shri. Mukhalal Dharmu & others filed the Statement of Claim and the
management of Western Coalfields Limited (―Party No. 1‖ in short) filed the Written Statement. Both parties lead
respective evidence and cross-examined the witnesses, and filed their written notes of arguments.
Ministry time to time encourages settling the cases pending before the court by means of mediation or by
presenting the cases before Lok Adalat. In the present case during the course of argument efforts were made by this
court to settle the case in hand. Both the parties after brief discussion agreed to settle the matter amicably. Both
parties have settled the dispute in terms and conditions mentioned in the memo of compromise.
Hence, it is ordered.
ORDER
―The reference is answered in favor of the workmen in terms of the settlement mentioned in the memo
of compromise. The memo of settlement dt. 13.10.2025 is made part of the award.‖
Justice (Retd.) SHIV SHANKER PRASAD, Presiding Officer
7460
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7461
7462
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7463
7464
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7465
नई ददल्ली, 4 ददसम् बर, 2025
का.आ. 2141.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj एचसीसी प्राइवेट जलजमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V
vkS|ksfxd fookn esa
-
सह
-
]चंडीगढ़-II ds iapkV (
03/2024) dks izdkf”kr djrh gS] tks dsUnzh; ljdkj dks
dks izkIr gqvk FkkA
[सं. एल-22013/01/2025-आईआर(सी. एम-II)]
सलोनी, उृ जनदेिक/हलक अजधकारी
7466
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 4th December, 2025
S.O. 2141.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 03/2024) of the Central Government Industrial Tribunal-
cum-Labour Court, Chandigarh-II as shown in the Annexure, in the industrial dispute between the Management of
HCC Pvt.Ltd. and their workmen received by the Central Government on 30/11/2025
[No. L-22013/01/2025 – IR (CM-II)]
Dy. Director/Link officer
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,
CHANDIGARH
(Presided over by Mr. Kamal Kant).
ID No.03/2024
Registered on:-15.05.2024
Chenab Valley Hydro Power Projects Workers Union, H E Project Sawla Kot Ramban, Ramban, Jammu
& Kashmir-182144.
-------- Workman
Versus
1. General Manager, NHPC Sawalkot H E Project.
2. Project Manager, M/s HCC Pvt. Ltd. H E Project Sawla Kot Ramban, Ramban, Jammu &
Kashmir-182144.
----Respondents
Present:-
None for Worker Union.
Sh. Tarun Gupta, AR for respondent no.1.
Sh. Samay, proxy for Ms. Apoorva Kinra, AR for respondent no.2.
Award : 08.09.2025
Central Government vide Notification No.08(29)/2023/RLC/JMU Dated 19.04.2024, under clause
(d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter
called the Act), has referred the following Industrial dispute for adjudication to this Tribunal:-
“Whether the action of the Project Manager,M/s Hindustan Construction Company, Sawalakote,
Tunnel Project, Village Tanger, Post Office Dharmakund, Tehsil and District Ramban-182144
(J&K), contractor and General Manager, NHPC Sawalkote, HE Project, Sawalkote, Tunnel
Project, Village Tanger, Post Office Dharmakund, Tehsil and District Ramban-182144 (J&K) not
paying retrenchment benefit, leave encashment, payment of bonus to 64 workmen is legal and
justified, if not, then to what relief the concerned workman are entitled to and from which date?”
1. After receipt of reference, notice was issued to the parties for 23.07.2024. Respondent no.1 and 2 made
appearance through their AR on 23.07.2024, however, no one turned up on behalf of worker union and fresh
notices were issued to the worker union on 23.07.2024, 19.11.2024, 05.02.2025 and 15.04.2024 and the matter
was fixed for 08.09.2025 for appearance of workman as well as for filing claim statement. However, the notice
sent to the worker union received back with remark ―refused‖ and refusal is deemed service as per law. In view
of the above, it is presumed that the worker union is not interested in filing any claim statement.
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
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7467
नई ददल्ली, 5 ददसम् बर, 2025
का.आ. 2142.—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; tcyiqj ds iapkV (a93/2014) izdkf”kr djrh gSA
[सं. एल-12011/233/2001-आईआर(बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 5th December, 2025
S.O. 2142.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 93/2014) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12011/233/2001- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/93/2014
Present: P.K.Srivastava
H.J.S.(Retd.)
Shri Beniram Sahu,
S/o Shri Sukhlal Sahu,
R/o Ward No. 4, Near Sindhipara,
PO. Bemetra,
Distt. Durg (CG)
Workman
Versues
The Dy. General Manager,
State Bank of India,
Zonal Office,
Byron Bazar,
Raipur (CG)
Management
(JUDGMENT)
(Passed on this 14th day of October - 2025)
As per letter dated 12/12/2014 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-
12011/233/2001 (IR(B-1)) dt. 12/12/2014. The dispute under reference relates to:
―Whether the action of the Management of State Bank of India, Raipur in terminating the services of Shri
Beni Ram Sahu w.e.f. 12.08.2000 is justified? If not, to what relief the Workman is entitled for?”
Notices were issued to both the parties. They appeared and filed their respective statement of claim and
defense.
Case of the Workman is mainly that, he was initially appointed as temporary part-time General Attendant
with the Bank w.e.f. 20.12.1993 and worked continuously without any break till 12.08.2000. Prior to 1993, he had
worked as Badli watchman and waterman with the Bank for intermittent period. He was appointed to the post of
General Attendant on the basis of interview in which he has been found suitable. His services were terminated by
7468
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Management Bank w.e.f. 12.08.2000. He had worked for more than 240 days in every year and it thus qualified to be
permanent employee by the Bank on regular basis. By not granting him permanent status after engaging him as
temporary attendant from 1993 to 2000 Bank has adopted unfair labour practice. It is further his case that, he was
working as against vacant post and also that, after his disengagement his post was filled by one Shri Ramchandran.
According to the Workman, this action of Management Bank is unjust, illegal and arbitrary. He has requested that
holding is disengagement against law, he be held entitled to be reinstated with back wages and benefits.
Case of the Management Bank is mainly that, the Workman was engaged on temporary basis as part-time
General Attendant vide order dated 20.12.1993. His engagement was contractual on temporary basis. His services were
terminated vide letter dated 12.08.2000 after compliance of section 25F of the Act, he was paid Rs. 7084/- as
compensation and Rs. 810/- for 12 days service in August. He was also paid an amount of Rs. 1024 towards one month
salary in lieu of notice period. The Management has thus requested that, there is no illegality in their action.
In evidence, the Workman has filed and proved his interview letter, appointment letter, salary slips. He has
also filed his affidavit as his examination in chief. He has been cross-examined by Management. He has also examined
his witness Nakul who is also been cross-examined by Management. Management has filed affidavit of his witness as
his examination-in-chief. He has been cross-examined by Workman. Management has proved termination letter dated
12.08.2020, interview letter and appointment letters of different persons with respect to different Branches for the post
of part-time Temporary General Assistance.
I have heard argument of Learned Counsel for Workman Mr. Neeraj Kewat. None appeared for Management.
I have gone through the record as well.
The reference itself is the issue for determination.
On perusal of record, in the light of arguments it comes out that, the engagement of the Workman by Bank for
the period between 1993 to 2000 is not disputed by Bank. According to the Bank they have paid one month salary in
lieu of notice and compensation in form of 15 days salary for every year he has worked. Hence their action in
disengaging him is fully legal and justified in law.
According to workman side, by engaging the Workman as temporary part-time General Assistance Attendant
for as many as 7 years, the Bank has adopted unfair labour practice. Unfair Labour practice is defined under Section
2(r)(a) read with Schedule 5(10) of the Act, according to which engaging a person as temporary employee for a long
time amounts to unfair labour practice on the part of employee. Hence, by engaging the Workman as temporary and
part time worker for about 8 years the Bank is held to have adopted unfair labour practice in the case in hand.
Unfair labour practice is prohibited under the Act and is a punishable offence. Their civil consequences are not
mention in the Act, but it does not deny the Courts and Tribunals in adopting the civil consequence of unfair labour
practice adopted by employees.
Much time has been lapsed in the case in hand and Workman would have attained the age of superannuation
also. Hence, a lump sum compensation will meet the end of justice in case in hand. Keeping all the facts in view,
a lump sum compensation of Rs. 2,00,000/- (Rupees Two Lakhs) to be paid by the Bank to the Workman within
30 days from the date of publication of Award. Failing which interest @6%, in lieu of all his claims will meet the
ends of justice in case in hand to which the Workman is held entitled.
The reference stands answered accordingly.
DATE:- 14/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 5 ददसम् बर, 2025
का.आ. 2143.—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; tcyiqj ds iapkV (a55/2018) izdkf”kr djrh gSA
[सं. एल-12012/28/2018-आईआर(बी-I)]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7469
New Delhi, the 5th December, 2025
S.O. 2143.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 55/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/28/2018- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/55/2018
Present: P.K.Srivastava
H.J.S..(Retd)
1.
Shri Narayan Prasad Balmiki,
S/o Shri Deepchand Balmiki,
R/o House No. 77, Tegore Bard,
Grahakota, Sagar (M.P) -470229
Workman
Vs
1. The Regional Manger,
State Bank of India,
Ashok Vihar Colony,
Tili Bard, Sagar,
Dist. Sagar (M.P) – 470229
2. Branch Manager,
State Bank of India,
Branch Garhakota,
tokej choraya garhakota,
Disst. Sagar (M.P) - 470229
Management
(JUDGMENT)
(Passed on this 10th day of October, 2025)
As per letter dated 01/11/2018 by the Government of India, Ministry of Labour, New Delhi, the reference has
been made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‗Act‘)as per Notification No.
L-12012/28/2018 (IR(B-I)) dt. 01/11/2018. The dispute under reference relates to:
“क्या प्रबंधन शाखा प्रबंधक, भारतीय स्टेट बैंक गढाकोटा ब्ांच जिऱा सागर म०प्र० ऺेत्रीय प्रबंधक, भारतीय स्टेट बैंक,
ऺेत्रीय व्यवसाय काययकाऱ ऺेत्र ५, अशोक ववहार कॉऱोनी, ततऱी रोड, सागर म०प्र० के दुवरा श्री नारायण प्रसाद बाजममकी
आत्मि श्री दीऩचन्द बाजममकी, भूतऩूवय दैतनक वेतन भोगी चऩरासी संदेशवाहक, को 1.8.1993 से 1.11.2017 तक
तनयोजित में रखने ऩश्चात् उसकी सेवाएं 1.11.2017 से समाप्त ककये िाने की काययवाही नययोचचत है ? यदद नहीं तो ,
सम्बंचधत आवेदक ककस अनुतोष के हकदार है ?”
Case of the workman is mainly that, he worked with the Bank from 01.08.1993 to 30.11.2017 continuously
as a Peon/Messenger, his services were dispensed with by the Bank without any notice or compensation which is
unjust, illegal and arbitrary.
The case of management is that the applicant never worked continuously at any point of time and did not
complete 240 days in any year, he was disengaged by Bank and just to avoid complications was paid notice pay and
compensation as provided under Section 25-F of The Industrial Disputes Act, 1947 [in short ‗the Act‘].
7470
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Both the sides have filed their respective affidavits as their Examination-in-chief, they have been cross-
examined by opposite party, they have filed and proved documents also, to be referred to as and when required.
I have heard argument of the Learned Counsel for workman Mr. Rajneesh Sharma and Mr. Vijay Tripathi,
Learned Counsel for Management. Management has preferred written submission also. I have gone through the
written submission and record as well.
From perusal of the record, it is established that workman was retrenched on 01.11.2017, whereas the
notice pay and compensation was given to him by the Bank on 30.11.2017, the issue thus arises for determination is,
whether by payment of notice pay and compensation after one month from the date of retrenchment, as the
management Bank acted in violation of Section 25-F of the Act. For the sake of convenience, Section 25-F is
reproduced as follows:-
“25F. Conditions precedent to retrenchment of workmen.—No workman employed in any industry who
has been in continuous service for not less than one year under an employer shall be retrenched by that
employer until—
(a) the workman has been given one month’s notice in writing indicating the reasons for
retrenchment and the period of notice has expired, or the workman has been paid in lieu of such
notice, wages for the period of the notice;
(b) the workman has been paid, at the time of retrenchment, compensation which shall be
equivalent to fifteen days' average pay for every completed year of continuous service or any part
thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as
may be specified by the appropriate Government by notification in the Official Gazette.”
A bare perusal of provision makes it clear that the notice pay and compensation is required to be paid at
the time of retrenchment i.e., on the date of retrenchment, since in case in hand, the payment has been made after one
month of retrenchment, it is in violation of Section 25-F of the Act.
The reference and judgment of Hon’ble Supreme Court in the case of Pramod Jha & Ors. v/s State of
Bihar, (2003) 4 SCC 619, has been made by Learned Counsel for workman, paragraphs 10 to 15 of the said judgment
are being reproduced as follows:-
“10. We have given our anxious consideration to submission and counter-submission made
before us in the light of the pleadings and undisputed documents available on record. We are of the
opinion that the appeals are devoid of any merit and liable to be dismissed. The underlying object of
Section 25F is two-fold. Firstly, a retrenched employee must have one month time available at his disposal
to search for alternate employment, and so, either he should be given one month notice of the proposed
termination or he should be paid wages for the notice period. Secondly, the workman must be paid
retrenchment compensation at the time of retrenchment, or before, so that once having been retrenched
there should be no need for him to go to his employer demanding retrenchment compensation and the
compensation so paid is not only a reward earned for his previous services rendered to the employer but is
also a sustenance to the worker for the period which may be spent in searching for another employment.
Section 25F nowhere speaks of the retrenchment compensation being paid or tendered to the worker along
with one month s notice; on the contrary clause (b) expressly provides for the payment of compensation
being made at the time of retrenchment and by implication it would be permissible to pay the same before
retrenchment. Payment of tender of compensation after the time when the retrenchment has taken effect
would vitiate the retrenchment and non-compliance with the mandatory provision which has a beneficial
purpose and a public policy behind would result in nullifying the retrenchment.
11. Compliance with clauses (a) and (b) of Section 25F strictly as per the requirement of the
provision is mandatory. However, compliance with clause (c) is directory, as held in Gurmail Singh and
Ors. vs. State of Punjab and Ors- (1991) 1 SCC 189 and a substantial compliance would be enough.
12. Gammon India Limited vs. Niranjan Dass (1984) 1 SCC 509, relied on by Shri Mishra, the
learned senior counsel for the appellants, has no application to the facts of the present case. There the
notice under Section 25F (a) stated the reason for retrenchment as "due to the reduction of the volume of
work of company as a result of the recession". However, the real reason was closure of company s Delhi
office and there was not even a whisper in the notice of this real reason and the same was sought to be
disclosed by leading evidence before the Industrial Tribunal which was not countenanced by this Court.
13. In Gurmmail Singh & case (supra) a three-Judge Bench of this Court examined the question
of compliance of Section 25F(b). It was contended on behalf of the workers that the State had not.
furnished the details of the amounts of compensation determined in the case of each employee and that
the State had not taken steps to deliver the amount in respect of each employee at his doorsteps by the
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7471
relevant date. It was urged that the tender of compensation under Section 25F, in order to be valid, should
be of the precise amount and should be made simultaneously with termination of the service. It was found
that the bank drafts in respect of individual employees were dispatched in time so as to reach
Divisional/Sub-Divisional Offices of the employer well in advance of the date of expiry of the notice period
and the date on which the retrenchment was to be effective. The amounts were not actually paid or
tendered to the workers directly but a method for disbursement of compensation was evolved in the
interest of workers convenience. Instead of the workers, spread out all over the State, being asked to come
to the Head Office to collect the amount of compensation and the difficulty of the employer in making
available the compensation at the doorstep of each employee, an arrangement was made whereby the
workers could go to the nearest Divisional/Sub-Divisional Office and collect the amount of compensation
due to them. None of the workers ascertained whether the amounts sent by the Head Office to the
Divisional/Sub-Divisional Offices were the correct amounts. No instance was pointed out to show that the
bank drafts were not for the correct amounts. The High Court felt satisfied that the individual
compensation drafts were sent to the various subordinate offices ready for disbursement to the concerned
workers on or before the relevant date. It was held that there was sufficient compliance with the provisions
of clause (b) of Section 25F. This Court agreed with the view of the High Court.
14. In The Management of Delhi Transport Undertaking vs. The Industrial Tribunal, Delhi and
Anr. (1965) 1 SCR 998 pari materia provision as to payment of compensation equivalent to one month
wages to workmen contained in proviso to sub-section (2) of Section 33 of ID Act came up for the
consideration of this Court. It was held that the proviso did not mean that the wages for one month have
to be actually paid; the employer is expected to tender the amount before the dismissal but cannot force
the employee to receive the payment before dismissal becomes effective. The making of the tender of the
amount, before the order of dismissal becomes effective, would be sufficient compliance.
15. In Sain Steel Products (supra), which is a two-Judge Bench decision of this Court, the worker
was informed "to collect what is due to him without spelling out whether or not it included the amount as
contemplated under Section 25F. It was in such peculiar facts and circumstances of the case that this
Court refused to accept the offer in the terms in which it was made and quoted hereinabove as amounting
to making an offer in terms of Section 25F of the Act. Both the Labour Court and the High Court had
recorded a finding of fact that Section 25F (b) was not complied with. Sain Steel Products Case (supra) is
clearly distinguishable and has no application to the facts of the present case.‖
In another reported decision, in the case of Krishi Upaj Mandi Samiti, Rewa v/s Jaiprakash Mishra,
decided by Hon’ble High Court of M.P., 2000 (Supreme) MP 880, the same principle has been followed. The
relevant portions of the said judgment are being reproduced as follows:-
“In my opinion, it is clear from reading of written statement (P-2) filed by Krishi Upaj Mandi
Samiti that workman has rendered the services from September, 1990 till December 1991. This fact has
not been disputed, rather asserted by Krishi Upaj Mandi Samiti, there is no plea taken that there was any
interruption in the services in the above period for 15 months, thus petitioner has rendered the services at
least for 15 months even as per the case set up by Krishi Upaj Mandi Samiti, thus, Labour Court has
rightly come to the conclusion that termination is illegal and void for want of compliance of section 25F
of ID Act.
Section 25F of the ID Act was considered by the apex Court in M/s National Iron and Steel Co.
Ltd. and others v. The State of West Bengal and another [AIR 1967 SC 1206] and it was held by the Apex
Court that if workman is retrenched without giving one month's notice, his wages for period of notice
must be paid before he is asked to go. The apex Court has emphasized on the payment of compensation at
the time of retrenchment.
The apex Court in Workmen of Subong Tea Estate, represented by the Indian Tea Employees
Union v. Outgoing Management of Subong Tea Estate and another [AIR 1967 SC 420], has laid down
that non-compliance of section 25 or section 230 renders the retrenchment invalid.
The Apex Court in Mohan Lal v. The Management of Mis Bharat Electronics Ltd. [AIR 1981 SC
1253] has followed its earlier decision in State of Bombay v. The Hospital Mazdoor Sabha [AIR 1960 SC
610] and has held in para 9 thus:
9. Reverting to the facts of this case, termination of service of the appellant does not fall within
any of the excepted, or to be precise, excluded categories. Undoubtedly, therefore, the termination would
constitute retrenchment and by a catena of decisions it is well settled that where prerequisite for valid
retrenchment as laid down in section 25F has not been complied with, retrenchment bringing about
termination of service it ab initio void. In The State of Bombay v. The Hospital Mazdoor Sabha, [(1960) 2
SCR 866 at p. 872 AIR 1966 SC 610 at p. 613], this Court held that failure to comply with the requirement
of section 25F which prescribes a condition precedent for a valid retrenchment renders the order of
7472
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
retrenchment invalid and inoperative. In other words, it does not bring about a cessation of service of the
workman and the workman continues to be in service. This was not even seriously controverted before
us." In Gammon India Ltd. v. Niranjan Dass [AIR 1984 SC 5001, it has been emphasized by the apex
Court that when the prerequisite for a valid retrenchment as laid down in section 25F was not complied
with, the retrenchment bringing about termination of service of employee would be ab initio void.
In H.D. Singh v. Reserve Bank of India and others [AIR 1986 SC 132], law to the same effect has
been laid down in Ratan Singh v. Union of India and another ((1997) 11 SCC 396], it has been laid down
by the apex Court that section 25F is applicable to termination of even a daily-rated workman who had
continuously served for the requisite statutory minimum period in a year, and termination of service of
such a workman without compliance of section 25-F was held to be illegal.
In Management of MCD v. Premchand Gupta and another [AIR 2000 SC 454], it has been held
by the apex Court that if retrenchment compensation has not been paid, termination is null and void.
In Rajkumar v. Union of India and others [(1975) 3 SCC 458] considering the similar provision,
the apex Court has held that pay and allowances should be paid on the day the order of termination is
served. Delay in payment of saine was held to be fatal.
In Smt. Kusum Gupta Kusum Bansal v. Haryana State Small Industries and Export Corporation,
Chandigarh [(1986) 3. SCC 506), the apex Court has laid down considering the similar provision that
payment of salary in lieu of notice is mandatory. Employer is not entitled to withhold the payment on the
ground of non-production of "no dues certificate" by the employee. Termination without such payment
was held to be invalid.”
Hence, in light of the aforesaid proposition of law, the retrenchment of the applicant workman in case in
hand, is held in violation of Section 25-F of the Act and is held against law.
Now the question arises as to what relief the workman is entitled to when retrenchment has been found
against law and in violation of the Act?
The Learned Counsel for workman has referred to judgment of Hon’ble Supreme Court in the case of
Tapash Kumar Pal v/s BSNL & Ors, (2014) 15 SCC 313, wherein it has been held that the order of retrenchment can
be substituted by awarding compensation only on certain justifiable grounds and has submitted that keeping in view
the tenure of the workman, he deserves to be reinstated with backwages and benefits.
Learned Counsel for management Bank has opposed this argument and has submitted that the workman was
not appointed against a sanctioned vacancy, following retrenchment process. He was a daily wager engaged on as and
when required basis who was paid for that. Hence, he does not deserve to be reinstated or regularized. Learned
Counsel has referred to following judgments:-
i.
State of Karnataka v/s Umadevi, (2006) 4 SCC 1
ii.
Himanshu Kumar Vidyarthi & Ors. v/s State of Bihar, AIR 1997 SC 3657
iii.
B.S.N.L. v/s Bhuramal, AIR 2014 SC 1188
iv.
State of Haryana & Ors. v/s Piara Singh & Ors, (1994) 4 SCC 118
Though, the management has denied the tenure engagement of the workman but it is established that he was
paid Rs. 5,372/- as notice pay which is his one month salary and Rs. 55,786/- as compensation.
As per Section 25-F of the Act, the workman is entitled to compensation, wages of 15 days for one year of
service he has spent, on this basis when he was admittedly paid compensation of Rs. 55,786/- @ 15 days for every
year of service, it implies that he had spent more than 20 years, which corroborates the case of the workman that he
had worked with the Bank, if not from 01.08.1993 to 01.01.2017 then atleast more than 20 years.
Had he not been retrenched, the workman would have earned about Rs. 5 Lac/- approximately as a salary
and bonus of a temporary part time employee within the period starting from date of his retrenchment in 2017 till
date. He would have also been eligible to be considered for appointment as temporary full time worker and permanent
worker keeping in view his tenure during this period and thereafter post retiral benefits. Keeping these facts in view, a
lump sum amount of Rs. 10 Lac/- to be paid by Bank within 30 days from the date of publication award, failing which
interest @ 6% p.a. from the date of award till payment, in lieu of all his claims will meet the ends of justice.
In the light of the above discussion and findings, the reference is answered as follows:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7473
AWARD
Holding the action of management of State Bank of India in retrenchment of Narayan Prasad Balmiki
unjust and illegal, he is held entitled to a lump sum amount of Rs. 10 Lac/- to be paid by Bank within 30 days from
the date of publication award, failing which interest @ 6% p.a. from the date of award till payment, in lieu of all
his claims.
DATE:- 10/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 5 ददसम् बर, 2025
का.आ. 2144.—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; tcyiqj ds iapkV (a128/2017) izdkf”kr djrh gSA
[सं. एल-12012/86/2016-आईआर(बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 5th December, 2025
S.O. 2144.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 128/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Jabalpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/86/2016- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/128/2017
Present: P.K. Srivastava
H.J.S.(Retd.)
General Secretary,
Denik Vetanbhogi Bank Karamchari,
Sanghatan Kendriya Karalaya,
F-1, Karambhumi Tripti Vihar,
Ujjain (M.P.)
Workman
Versues
The Branch Manager,
State Bank of India,
Slamatpur,
Raisen (M.P.)
Management
(JUDGMENT)
(Passed on this 10th day of October - 2025)
As per letter dated 07/09/2017 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-12012/86/2016-(IR(B-I)) dt. 07/09/2017. The dispute under reference relates to:
―Whether in the light of Desai Award recommendations contained under Chapter-16 Item No.14 Para No.
16.9 cited by the Management of State Bank, Raisen MP, the 9th Pay Revision Bi-partite settlement dated
27.04.2010 isb applicable in the case of Shri Vijay Kumar Lohat, Safai Karamchari, SBI Branch Slamatpur? If
yes, what benefits/relief the workman is entitled to and from which date?”
Notices were issued to both the parties. They appeared and filed their respective statement of claim and
defense.
7474
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
Case of the workman is mainly that, he was first appointed as a Sweeper on 01.10.1985 in the Slamatpur
Branch of the Bank having area of 1936.27 Sq. ft. on monthly wages of Rs. 20 per month. His wages were extended
up to Rs. 190 per month. He used to work more than one hour daily in the Branch for cleaning. Bank had formed a
policy with respect to creation of posts of part-time sweepers and payment to them with respect to the total area which
they cleaned. It was provided that, for a total area of 1200 sq. ft. and above but less than 2000 sq. ft. the sweeper was
required to work six hours to thirteen hours per week and was entitled to 1/3 of scale wages as part-time worker. The
local head office at Bhopal sent a communication to all the Branches on 18.02.1997. The Branches were asked to
review after six months and simultaneously, norms for creation of post of General Attendant (sweepers-cum-Farrash),
where considered necessary, shall also be framed in consultation with the Union. Another communication by the
Local Head Office at Bhopal to the Deputy General Manager of Zonal Office was sent on 25.02.1997 in this reference
requesting them to give their priority to the matter and ensure that their recommendations for sanction of post of
sweepers accordingly reaches to the Local Head Office positively before 10.03.1997, so that further action can be
taken.
It is further the case of the Workman that, the applicant workman was appointed on permanent basis as a
sweeper in the Branch from 12.05.1999 vide letter of the Bank dated 13.02.2001 and hence, was entitled to 1/3 of the
salary as permanent part-time sweeper, according to the Memorandum of the Agreement, as referred to above, on
07.02.1997. According to the Workman, the Management did not grant him 1/3 salary which he was entitled to from
08.05.1999 and issued another appointment letter dated 10.05.2016 appointing him as permanent part-time
Messenger-cum-Farrash in the Bank on 1/3 of the scale. The Workman has thus prayed that, he is entitled to 1/3 of
the pay of scale in the light of settlement dated 07.02.1997 from the date of his permanent appointment as part-time
sweeper which is 08.05.1999 and other consequential benefits.
The case of Management is mainly that, the Workman was engaged as a daily wager on temporary basis in
the Slamatpur Branch and used to work as a sweeper accordingly, on as and when required basis. He was appointed as
a permanent part-time sweeper vide order dated 10.5.2016 on the terms and conditions mentioned in his appointment
letter which he accepted. He was entitled to 1/3 of the scale, as his wages. Before this date, no appointment was made
after following any recruitment procedure nor was he engaged against any vacancy, also he did not work
continuously. The appropriate Government has made this reference regarding entitlement of the Workman to receive
benefits of 9th Pay Revision by Bi-partite Settlement dated 24.10.2010. The Workman has claimed benefits before this
period from the date of his initial engagement which is beyond the scope of the reference and is barred by
unexplained delay and latches on his part. The said settlement is applicable only with respect to the permanent
workers mentioned in the Para 16.9 of Chapter 16 of the Desai Award.
According to the Bank, the Settlement dated 07.02.1997 and Circulars dated 18.02.1997 and 25.02.1997 are
applicable only for permanent part-time employees, and not on persons engaged on temporary basis. Hence,
according to the Management, workman is not entitled to the relief claimed by him. Also, it has been pleaded that his
appointment was made by Branch Manager who is not a competent authority to issue an appointment letter.
Management has thus prayed that reference be answered against the Workman.
In evidence, the workman has filed his affidavit as his examination in chief. He has been cross-examined by
Management. He has filed and proved the Memorandum of 07.02.1997, Circulars dated 18.02.1997 and 25.02.1997
which are Ex. W-1 to W-3. The workman has also filed and proved his appointment as permanent part time sweeper
in compliance of letter of Zonal Office No. RI/SC/3014 dated 19.06.1999. Also, he has filed and proved his
appointment letter dated 10.05.2016 and photocopy statement of his account, transfer order.
Management has filed affidavit of its witness as his examination in chief. He has been cross-examined by
Workman side.
I have heard argument of Learned Counsel for the Workman Mr. Arun Patel and Mr. Vickram Johri Learned
Counsel for the Bank. Both the sides have filed written submissions also. I have gone through the written submissions
as well.
The first argument raised from the side of Management is that, this Tribunal is not required to travel beyond
the reference. The reference has been produced earlier. The Bi-partite Settlement dated 27.04.2010, Chapter 16, Item
No. 14 (Para 16.9) states that it shall apply only to the permanent employees. According to the Management, the
Workman was first appointed as a permanent part-time sweeper on 10.05.2016 before this date, he was a daily wager
employee.
Case of the Workman is that he was appointed as the permanent part-time sweeper, w.e.f. date of his
reemployment dated 12.05.1999 vide appointment letter issued by the Branch Manager on 13.02.2001. As the letter
reads, his appointment is in the light of instructions received from Zonal Office letter No. RI/SC/314 dated
19.06.1999. Photocopy of this letter is also on record. It states that, that with reference to the letter No. BIO/RI/SC
156 dated 08.05.1999, the workman was directed by the Zonal Office, to be given permanent appointment effective
from date of his re employment and direction was issued to issue appointment letter accordingly. It is established
from this document which is (Ex. W-8 Appointment Letter) that Letter of Assistant General Manager issuing
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7475
instructions that the Workman was appointed as a permanent part-time sweeper in the Bank w.e.f. 12.05.1999. His
statement is on oath also corroborates his case.
On the other hand, the Management witness states and it is the case of the Management that the Branch
Manager, who issued the appointment letter appointing the workman from 12.05.1999 did not have authority to do so.
This argument cannot be accepted because this letter itself shows that, this appointment letter was issued in
compliance of the instructions of the Zonal Officer vide its letter dated mentioned in the appointment letter itself. The
instructions letter also corroborates this fact. Hence the argument from the side of the Management that the workman
was appointed by the Branch Manager who did not have authority to appoint him fails, and it is held that in fact the
Branch Manager issued only the appointment letter and the instructions to the appointment as well the decision to
appoint the Workman as permanent part-time sweeper was in fact done by the Zonal Officer of the Bank, hence this
appointment of the workman w.e.f. 12.05.1999 is not illegal, rather it is perfectly legal. Arguments from the side of
the Management that, the said settlement dated 27.04.2010 will not apply in the case of the Workman fails because
the Workman was a permanent part-time sweeper on the date on which the settlement came into force. He is held
entitled to benefit of Item No. 14 (Para 16.9) Chapter 16 of the settlement.
As regards, the other arguments from the side of Management that, the Court should not travel beyond the
terms of the reference. This argument also cannot be accepted. Normally Courts and Tribunals do not travel beyond
the scope of reference, but they are within their powers to mould the relief and grant reliefs if it is required to meet the
ends of justice.Section 10 (4) of the Act is being reproduced as follows-
10(4) Where in an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal
under this section or in a subsequent order, the appropriate Government has specified the points of dispute for
adjudication, the Labour Court or the Tribunal or the National Tribunal, as the case may be, shall confine its
adjudication to those points and matters incidental thereto.
Case of the workman is mainly that, in spite of being appointed as a permanent part-time sweeper in the
Bank he has been not paid 1/3 of pay scale which he was entitled to meet under the Settlement dated 07.02.1997 and
Communications dated 17.02.1997 and 25.02.1997. It is further his case that the total area of the Bank is 1936.27 sq.
ft., as per the Settlement dated 07.02.1997 a cleaner is required to work i.e. of 13 hours per week and is entitled to
receive 1/3 of the pay scale admissible to a permanent full time sweeper from the date of his appointment i.e.
12.05.1999.The area of Bank has not been disputed. It has been held proved that the workman was lawfully appointed
as permanent part time employee as cleaner for the first time 12.05.1999 and the Management Bank is held under
obligation to pay the Workman one third of scale pay admissible to permanent cleaner from the date his this
appointment was made effective in his appointment letter dated 12.05.1999.
No other point was pressed.
In the light of above findings reference is answered as follows.
AWARD
Workman is held entitled to benefit of Bi-partite Settlement dated 27.04.2010 Chapter 16 (Item No. 14)
Para 16.9. He is also held entitled to benefits of Settlement dated 07.02.1997 and is held entitled to receive 1/3 of
pay scale admissible to permanent full time sweepers from the date his appointment as permanent part-time
sweeper, was made effective vide his appointment letter dated 12.05.1999. Management Bank is directed to pay the
arrears to be calculated on this basis after adjusting the wage paid already, within 30 days from the date of
publication of Award, failing which interest @6% per annum from the date of Award till payment.
No order as to cost.
DATE:- 10/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 8 ददसम् बर, 2025
का.आ. 2145.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक नोट प्रेस, देवास 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; tcyiqj ds iapkV (a17/2025) izdkf”kr djrh gSA
[सं. एल-12025/01/2025-आईआर(बी-I-141)]
सलोनी, उृ जनदेिक
7476
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
New Delhi, the 8th December, 2025
S.O. 2145.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 17/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Jabalpur as shown in the Annexure, in the industrial dispute between the management of Bank Note Press ,
Dewas and their workmen.
[No. L-12025/01/2025- IR(B-I)-141]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/17/2025
Present: P.K. Srivastava
H.J.S.(Retd.)
The General Secretary
Bank Note Mundralay Karmchari Congress INTUC
Dewas, Qtr. No. 1085, BNP, Dewas
Madhya Pradesh - 450001
Workman
Versus
The Joint General Manager
Bnk Note Press, Dewas
Dewas (MP) - 455001
Management
AWARD
(Passed on this 09th day of October - 2025.)
As per letter dated 28/01/2025 by the Deputy Chief Labour Commissioner (Central) Jabalpur, 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 RLC-16(01) 2024 dt. 28/01/2025. The dispute under reference related to :-
“Whether reduction in the target allowance of the employees by the management of Bank Note Press,
Dewas is justified ? If not, what relief the employees are entitled to ?”
After registering a case on the basis of the reference, notices were sent to the parties and served. Mr. Naveen
Kumar Salunke learned Counsel filed his Vakalatnama for management. The workman side never appeared. They did
not file even any statement of claim. None of the parties filed any pleadings or evidence.
Since, the initial burden to prove its case is on the workman side in which he fails. Hence, holding the
claim of the workman union not proved, the reference stands answered against the workman union.
DATE: 09/10/2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 8 ददसम् बर, 2025
का.आ. 2146.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh; ljdkj
औद्योजगक vf/kdj.k@Je U;k;ky; tcyiqj ds iapkV (a68/2019) izdkf”kr djrh gSA
[सं. एल-39025/01/2025-आईआर(बी-II)-38]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7477
New Delhi, the 8th December, 2025
S.O. 2146.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 68/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Jabalpur as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their
workmen.
[No. L-39025/01/2025- IR(B-II)-38]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/ R/68/2019
Present: P.K.Srivastava
H.J.S..(Retd)
1. Shri Arun Pratap Singh,
S/o Shri Chudamani Singh,
R/o 716, Professor Colony,
Suhagi, Adhartal,
Jabalpur (Madhya Pradesh)
Workman
Vs
1.
The Branch Manager,
UCO Bank, Krishi Nagar, Adhartal,
Jabalpur (Madhya Pradesh)
2.
The Regional Manager,
UCO Bank, Regional Office,
Bhopal (Madhya Pradesh)
Management
(JUDGMENT)
(Passed on this 16th day of October, 2025)
As per letter dated 15/10/2019 by the Government of India, Ministry of Labour, New Delhi, the reference has
been made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the ‗Act’) as per Notification
No.J-1(2-5)/2019-IR dt. 15/10/2019. The dispute under reference relates to:-
“क्या प्रबंधन ऺेत्रीय प्रबंधक, यूको बैंक, ऺेत्रीय कायािऱय, भोऩाऱ (म०प्र०) / शार्ा प्रबंधक, यूको बैंक, कृर्ष नगर,
अधारताऱ, जबऱऩुर (मध्य प्रदेश) के प्रबंधन व्दारा श्री अरुण प्रताऩ लसंह आत्मज श्री िूडामणण लसंह, भूतऩूवि कैलशयर को
टदनांक 16.11.2018 से अननवायि सेवाननवृत्त ककये जाने की कायिवाही न्यायोधित है? यटद नहीं तो, संबंधधत आवेदक ककस
अनुतोष के हकदार है ?”
After registering the case on the basis of reference, notices were issued to the parties. They appeared and filed
their respective statement of claim in defense.
In his statement of claim, the workman has alleged that the management issued charge-sheet against him on
18.04.2018 with respect to charges of alleged misconduct viz; disobedience of order and mismanagement of
cash/shortage of cash, as well misbehaviour with customers. The management conducted a departmental inquiry, which
was a mere formality. The inquiry was conducted illegally without following principles of natural justice and without
giving the workman opportunity to cross examine management witnesses, examined during the inquiry, in the light of
documents filed by the management. It is also alleged that the Inquiry Officer acted with partiality while conducting
inquiry and acted like a prosecutor, he himself examined the witnesses, the statements of witnesses were recorded in
absence of workman and he was asked to cross examine such witnesses on their pre-recorded statement. The Inquiry
Officer permitted leading questions by the Presenting Officer, while examining the management witnesses, documents
7478
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
and materials used against the workman in evidence were not supplied to him. Inquiry Officer relied on CCTV footage,
which was not provided to the workman inspite of his demand. It is has been further alleged that on 10.07.2018, after
management had examined its witnesses, the Inquiry Officer permitted the management to produce documents, which
were admitted on record by the Inquiry Officer inspite of objection. The workman was not given opportunity to further
cross examine the management witnesses in the light of documents filed later and also the workman was not given
sufficient time to produce evidence in rebuttal. The charges were held wrongly proved and the punishment is also
disproportionate.
The case of management on this issue is that, there is no procedural illegality or material irregularity in
conducting the inquiry, the workman was issued a charge-sheet of misconduct on 18.04.2018. Before that, a show cause
notice was issued against him with respect to the allegations and he had submitted his reply dated 18.03.2017
suppressing the material facts. It was after that the charge-sheet leveling charges of misconduct were issued against the
workman on 18.04.2018. The workman was given full opportunity to defend himself during the inquiry. He pleaded not
guilty. The charges were rightly held proved and punishment is not disproportionate.
Following preliminary issue was framed on the basis of pleadings-
Whether the departmental enquiry conducted against the workman is legal and proper?
On the basis of evidence on record, this preliminary issue was decided vide order dated 04.10.2024, the
departmental enquiry was held just legal and proper.
Following Additional Issues were framed, thereafter:-
1)
Whether the findings of the enquiry officer with respect to charges can be held perverse?
2)
Whether the punishment awarded is disproportionate to the charges proved?
Parties were given opportunity to lead evidence on additional issues. They did not lead any evidence.
I have heard Learned Counsel for workman Mr. Neeraj Kewat and Mr. Sushil Dubey for management Bank.
I have gone through the record as well.
Additional Issue No.1,
The Charge against the workman is that he committed misconduct by way of keeping with him Rs. 500/- out
of Rs. 55,000/-, which were given to him by the account holder Mohd. Rafiq on 22.09.2007 to be deposited in his
account, on protest the workman indulged in argument with the account holder, he was seen concealing Rs. 500/-
currency note and unnecessary argued with the account holder as seen in the CCTV footage. Another charge was on
24.10.2007, the cash could not be compared till 09:00 pm because it was Rs. 2,000/- more than what it showed in the
records. It was due to wrong entry made by the workman in the voucher in which he mentioned Rs. 14,000/- in place of
Rs. 16,000/-. The third charge was that the workman used to work slowly than normal speed and used to misbehave
with the staff and account holders. Another charge was that he kept Rs. 5,000/- with himself on 10.10.2017, which he
had received to deposit in bank and deposited it when this default was noticed. Thus according to the management, he
thus committed misconduct in clause 5(e), 5(g), 5(j) and 5(q) of memorandum of statement dated 10.04.2002.
It is settled proposition of law that the nature of evidence required to prove the charge is not it is required to
prove in a criminal trial, there is on record statements of the witnesses affected, who are members of staff and account
holders who have corroborated the charges. Reproduction of their statements is not required, the workman side has
cross-examined these witnesses but there is nothing to discredit them in their cross-examination. Hence, keeping in
view the nature of evidence collected during the enquiry which is supported by documents also, the finding of enquiry
officer that the charges are proved is held not perverse.
Additional Issue No. 1 is answered accordingly.
Issue No. 2,
The nature of the charges proved is such that they are acts of moral turpitude; they attract the punishment of
dismissal from service also. The workman has been ex-serviceman, management has considered the point of
punishment in light of these facts and awarded him compulsory retirement.
The settled proposition of law is that until and unless the punishment awarded is so disproportionate to the
charge proved that it shocks the conscious of the Court, it need not be interfered with.
In light of nature of charges proved, it cannot be said that the punishment is shockingly harsh. Hence, holding
the punishment awarded, not disproportionate to the charges proved.
Issue No. 2 stands answered accordingly.
In light of above discussion and findings, the reference is answered as follows.-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7479
AWARD
Holding the action of the Management of Regional Manager, UCO Bank, Regional Office, Bhopal (MP) /
Branch Manager, UCO Bank, Krishi Nagar, Adhartal, Jabalpur (MP) in compulsorily retiring Shri Arun
Pratap Singh, former Cashier, w.e.f. 16.11.2018 is legal and justified, he is held entitled to no relief.”
No order as to cost.
DATE:- 16-10-2025
P.K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 9 ददसम् बर, 2025
का.आ. 2147.—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; tcyiqj ds iapkV (01/ 2020, 02/2020, 03/ 2020, 04/2020,
05/2020) izdkf”kr djrh gSA
[सं. एल-39025/01/2025-आईआर(बी-II)-40]
सलोनी, उृ जनदेिक
New Delhi, the 9th December, 2025
S.O. 2147.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 01/2020, 02/2020, 03/2020, 04/2020, 05/2020) of the
Cent.Govt.Indus.Tribunal-cum-Labour Court Jabalpur as shown in the Annexure, in the industrial dispute
between the management of Bank of Baroda and their workmen.
[No. L-39025/01/2025- IR(B-II)-40]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
1. NO. CGIT/LC/RC/01/2020
Present: P.K.Srivastava
H.J.S.(Retd.)
Khileshwar Shrivas,
Age-41 years S/o Shri Radhelal Shrivas
Address-PG College Road,
Ratna Bandha P.O.-Loharsingh,
Dhamtari, District Dhamtari
(Chhattisgarh) 493773
Post- Driver Dena Bank,
(Now Bank of Baroda) Sector 10,
Zonal Market, Bhilai Nagar
Tehsil and District Durg (CG)
Workman
Versues
Bank of Baroda,
Sector 10 Zonal Market,
Bhilai Tehsil & District Durg (C.G.)
by Dr. R.K. Mohanty,
Regional Manager.
Management
7480
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
With
2. NO. CGIT/LC/RC/02/2020
Satyendra Ukey,
Age-47 years, S/o Late Dashrath Ukey,
R/o - Ward No.-11,
Gali No.-2, Rajendra Prasad Ward
Station Para, Rajnandgaon
Tehsil and District Rajnandgaon (C.G.)-491 441
Post- Driver Dena Bank, (Now Bank of Baroda)
Sector 10 Zonal Market,
Bhilai Nagar,
Tehsil and District Durg (C.G.)
Workman
Versues
Bank of Baroda,
Sector 10 Zonal Market,
Bhilai Tehsil & District Durg (C.G.)
by Dr. R.K. Mohanty,
Regional Manager.
Management
3. NO. CGIT/LC/RC/03/2020
Mangal Nag,
Age-23 years S/o Shri Ganesh Nag
Address - M.No.-93, Shivaji Nagar,
Atal Awas, Ward No.-38,
Khursipar, Bhilai,
Tehsil & District Durg (C.G.) – 490011
Post- Driver Dena Bank, (Now Bank of Baroda)
Sector 10 Zonal Market, Bhilai Nagar,
Tehsil & District Durg (C.G.)
Workman
Versues
Bank of Baroda,
Sector 10 Zonal Market,
Bhilai Tehsil & District Durg (C.G.)
by Dr. R.K. Mohanty,
Regional Manager.
Management
4. NO. CGIT/LC/RC/04/2020
Rahul Upadhyay,
Age-27 years, S/oLate Ashok Upadhyay
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7481
Address - Sheetla Para, Bhilai-3,
Ward No.-08, Tehsil and District Durg (C.G.) 490021
Post- Driver Dena Bank, (Now Bank of Baroda)
Sector 10 Zonal Market, Bhilai Nagar
Tehsil and District Durg (C.G.)
Workman
Versues
Bank of Baroda,
Sector 10 Zonal Market,
Bhilai Tehsil & District Durg (C.G.)
by Dr. R.K. Mohanty,
Regional Manager.
Management
5. NO. CGIT/LC/RC/05/2020
Mangal Yadav,
Aged about 32 years old,
S/o Shri Shyamu Yadav
Address - Borsi Sunder Nagar
Dhanora Road, Virat Property Dealer,
Ward No.-52, Tehsil & District Durg (CG) 491001
Post- Driver Dena Bank,
(Now Becomes Bank of Baroda) Sector 10
Zonal Market, Bhilai Nagar
Tehsil & District Durg (CG)
Workman
Versues
Bank of Baroda,
Sector 10 Zonal Market,
Bhilai Tehsil & District Durg (C.G.)
by Dr. R.K. Mohanty,
Regional Manager.
Management
(JUDGMENT)
(Passed on this 10th day of October - 2025)
Notices were issued to both the parties. They appeared and filed their respective statement of claim and
defense.
In the RC/01/2020 case of the petitioner Workman is that, he was appointed as a Driver in the Bank in
Sector-10 Bhilai Branch since 05.04.2014 and has been continuously working as Driver since then. He has been
driving Vehicle No. CG/04/KS/4448 Scorpio on requisition of the Bank and has been used by the Bank in its work.
In the RC/02/2020 case of the petitioner Workman is that, he was appointed as a Driver in the Bank in
Sector-10 Bhilai Branch since 19.08.2015 and has been continuously working as Driver since then. He has been
driving Vehicle No. CG/04/KS/4460 Scorpio on requisition of the Bank and has been used by the Bank in its work.
7482
THE GAZETTE OF INDIA DECEMBER 13, 2025/AGRAHAYANA 22, 1947
[PART II—SEC. 3(ii)]
In the RC/03/2020 case of the petitioner Workman is that, he was appointed as a Driver in the Bank in
Sector-10 Bhilai Branch since 09.11.2015 and has been continuously working as Driver since then. He has been
driving Vehicle No. CG/04/KS/4426 Scorpio on requisition of the Bank and has been used by the Bank in its work.
In the RC/04/2020 case of the petitioner Workman is that, he was appointed as a Driver in the Bank in
Sector-10 Bhilai Branch since 09.06.2016 and has been continuously working as Driver since then. He has been
driving Vehicle No. CG/04/HA/9266 Sumo (Cash Van) on requisition of the Bank and has been used by the Bank in
its work.
In the RC/05/2020 case of the petitioner Workman is that, he was appointed as a Driver in the Bank in
Sector-10 Bhilai Branch since 01.10.2014 and has been continuously working as Driver since then. He has been
driving Vehicle No. CG/07/AT/7654 Swift on requisition of the Bank and has been used by the Bank in its work.
The Workmen used to maintain the logbook in this respect. Bank used to bear the petrol and other expenses
with respect to the vehicle. The vehicle was registered in the name of Bank; their wages were paid by the Bank and
also their bonuses. The Bank merged with Bank of Baroda with all its assets and liabilities and even after the
petitioners has been working as Drivers of these vehicles. They were disengaged by the Bank on 31.08.2019 without
any notice or compensation which is unjust, illegal and arbitrary and is in violation of the Section 25F and 25G of the
Industrial Dispute Act, 1947 (in short the ‗Act‘). They raised a dispute with Labour Commissioner (Central) at Raipur
in this respect, which could not be conciliated within 45 days. Hence, they have filed these petitions under Section 2-
A (2&3) of the Act, seeking relief of setting-aside their termination and thier reinstatement with all back wages and
benefits.
In all these cases, the case of Management taken by them in their written statement of defense is mainly
that, there was no sanction vacancy of any Driver in the Dena Bank and in Bank of Baroda after merger of Dena Bank
with Bank of Baroda vide notification dated 02.01.2019. The petitioners were not appointed by Bank under any
recruitment process. According to Bank, the vehicles are provided to certain Officers and petrol expenses as well
Driver expenses incurred by the Officers are reimbursed by the Bank. It is further the case of the Management Bank
that, the Petitioners were engaged by the concerned officers who used these Bank vehicles for Bank purposes and
paid these petitioners their wages which was later on to them reimbursed by Bank. Hence, according to the Bank there
was no employee and employer relationship between petitioner and the Bank. Hence, there is no question of
disengagement of the petitioners by the Management Bank. In their rejoinders filed by the petitioner in response to
the written submissions by Bank, they have mainly reiterated their case.
In all these cases, the petitioners filed their affidavits as their examination-in-chief, wherein they mainly
reiterated their allegations in the petition. They were cross-examined by the Management, they admitted in their
cross-examination that no formal appointment letter was issued to them, no recruitment process was organized for
their appointment and their attendance was never marked in the attendance register of Bank employees.
In all these cases, the Bank has also filed affidavit of its witness as his examination-in-chief. Petitioners
have not cross-examined the witness in these cases.
No documentary evidence have been filed by the petitioners in any of these cases. The Bank has filed a copy
of circulars collectively marked as M-1.
I have heard argument of Mr. N.L. Shrivastava Learned Counsel for the Workman and Mr. Anoop Nair
Learned Counsel for the Management Bank, assisted by Learned Counsel Mr. Neeraj Kewat in all these cases and I
have gone through the record.
Since, the facts as well the nature of dispute and evidence in all these cases is identical these cases are being
disposed by the Common Judgment and Award.
On perusal of record, in the light of rival arguments following issues arises for determination –
1. Whether there exists employer-employee relationship between the petitioners and the Bank at any
point of time?
2. Subject to finding on Issue No.1, whether the petitioners are entitled to relief sought?
Issue No. 1 –
Pleadings of the parties on these issues have been elaborated earlier. Except affidavits of the petitioners,
there is no document on record to corroborate their cases. There are some photocopy documents filed by them but not
proved. These documents show that the petitioners were the personal drivers of the Officers. Their admission in their
cross-examination that they did not undergo any recruitment process and that they were not issued any formal
appointment letter also militates against their case.
On the other hand, there is uncontroverted affidavit of the Management witness who has not been cross-
examined by the petitioner‘s side, which corroborates the case of the Management. Thus, circular filed show that
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : ददसम् बर 13, 2025/अग्रहायण 22, 1947
7483
certain Officers are provided Bank vehicles for which they were reimbursed the expenses on drivers engaged by them
and petrol etc.
In the judgment of Hon‘ble Supreme Court in the Case of Bank of Baroda V.s. Ghemarbhai Harjibhai
Rabari 2005 SCC (L&S) 963, three judge bench of the Hon‘ble Supreme Court held that, the onus of prove that the
claimant was in employment of Management lies on the person to show claims.
Hence, in the light of above discussion and findings, it is held that the petitioners have failed in proving
employer and employee relationship between them and the Bank.
Issue No. 1 is answered accordingly.
Issue No. 2 –
In the light of aforesaid findings, the Issue No. 2 is answered accordingly.
The judgments of Ghaziabad Development Authority V.s. Vikram Chaudhary MPWN (1995) SC 179, Tula
ram V.s. State of M.P. 2013 (1) MPWN 27, Ramdayal Jat V.s. Laxmi Prasad 2010 (III) MPJR (SC) 1, Smita
Shrivastava V.s. State of M.P. 2024 (2) JLJ 635 SC, will not apply in the cases in hand. In the light of findings there
is no employee – employer relationship between the parties.
No other point was pressed.
In the light of above discussion and findings, the aforesaid petitions are sans merit and are liable to be
dismissed.
ORDER
Petitions dismissed.
Copy of order to be placed on the files all the cases.
No order as to cost.
DATE:- 10/10/2025
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: 2025.12.13 11:03:23 +05'30'