2774 GI/2026
(3993)
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 ताजिक
WEEKLY
सं. 16]
नई ददल् ली, अप्रैल 26—मई 2, 2026, िजनवार/वैिाख 6—वैिाख 12, 1948
No. 16]
NEW DELHI, APRIL 26—MAY 2, 2026, SATURDAY/VAISAKHA 6––VAISAKHA 12, 1948
इस भाग में जभन् न ृृ् सं् या दी जाती िै जजससे दक यि ृृ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. 730.—भारतीय जीवन बीमा जनगम अजधजनयम, 1956 (1956 का 31) की धारा 4(2)(घ) द्वारा प्रदत्त
िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, श्री प्रिांत कुमार गोयल के स्ट्थान ृर सुश्री िाजलनी ृंजडत
(संयुि सजचव, भारत सरकार, जवत्त मंत्रालय, जवत्तीय सेवाएं जवभाग) को तत्काल प्रभाव से और अगले आदेिों तक
भारतीय जीवन बीमा जनगम के बोडड में जनदेिक के ृद ृर नाजमत करती िै।
[ई फा.सं. 6/2(i)/2022-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
सी.जी.-डी.एल.-सा.-13052026-272416
CG-DL-W-13052026-272416
3994 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
MINISTRY OF FINANCE
(Department of Financial Services)
New Delhi, the 3rd December, 2025
S.O. 730.—In exercise of the powers conferred by Section 4(2)(d) of the Life Insurance Corporation of India
Act, 1956 (31 of 1956), the Central Government hereby nominates Ms Shalini Pandit (Joint Secretary, Government of
India, Ministry of Finance, Department of Financial Services) as Director on the Board of the Life Insurance
Corporation of India, with immediate effect and until further orders, vice Shri Parshant Kumar Goyal.
[e F. No. 6/2(i)/2022-BO.I]
SANJAY KUMAR MISHRA, Under Secy.
नई ददल्ली, 3 ददसम् बर, 2025
का.आ. 731.—बीमा जवजनयामक और जवकास प्राजधकरण अजधजनयम, 1999 (1999 का 41) की धारा 4 द्वारा
प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, श्री प्रिांत कुमार गोयल के स्ट्थान ृर सुश्री िाजलनी ृंजडत
(संयुि सजचव, भारत सरकार, जवत्त मंत्रालय, जवत्तीय सेवाएं जवभाग) को तत्काल प्रभाव से और अगले आदेिों तक
भारतीय बीमा जवजनयामक और जवकास प्राजधकरण में अंिकाजलक सदस्ट्य नाजमत करती िै।
[ई फा. सं. 6/2(ii)/2022-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
New Delhi, the 3rd December, 2025
S.O. 731.—In exercise of the powers conferred by Section 4 of the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999), the Central Government hereby nominates Ms Shalini Pandit (Joint Secretary,
Government of India, Ministry of Finance, Department of Financial Services) as part-time member of the Insurance
Regulatory and Development Authority of India, with immediate effect and until further orders, vice Shri Parshant
Kumar Goyal.
[e F. No. 6/2(ii)/2022-BO.I]
SANJAY KUMAR MISHRA, Under Secy.
नई ददल्ली, 15 ददसम् बर, 2025
का.आ. 732.—भारतीय स्ट्टेट बैंक अजधजनयम, 1955 (1955 का 23) की धारा 20 की उृ-धारा (1) के साथ
ृठ त धारा 19 के खण्ड (ख) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, श्री रजव रंजन (जन् म
जतजथ: 21.9.1968) उृ प्रबंध जनदेिक, भारतीय स्ट्टेट बैंक को कायडभार ग्रिण करने की तारीख से उनकी अजधवर्षिता की
आयु प्राप्त करने की तारीख, अथाडत 30.9.2028 तक अथवा अगले आदेिों तक, जो भी ृिले िो, भारतीय स्ट्टेट बैंक में
प्रबंध जनदेिक के ृद ृर जनयुि करती िै।
[फा. सं. 2/1/2025-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
New Delhi, the 15th December, 2025
S.O. 732.—In exercise of powers conferred by clause (b) of section 19 read with sub-section (1) of section
20 of the State Bank of India Act, 1955 (23 of 1955), the Central Government hereby appoints Shri Ravi Ranjan
(DoB: 21.09.1968), Deputy Managing Director in State Bank of India as Managing Director in State Bank of India
with effect from the date of his assumption of charge of the office, till the date of his attaining the age of
superannuation i.e., 30.09.2028, or until further orders, whichever is earlier.
[F. No. 2/1/2025-BO-I]
SANJAY KUMAR MISHRA, Under Secy.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
3995
नई ददल्ली, 16 ददसम् बर, 2025
का.आ. 733.—भारतीय स्ट्टेट बैंक अजधजनयम, 1955 (1955 का 23) की धारा 20 की उृ-धारा (1) के साथ
ृठ त धारा 19 के खण्ड (ख) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, श्री अजिनी कुमार
जतवारी (जन् म जतजथ: 29.12.1967) प्रबंध जनदेिक, भारतीय स्ट्टेट बैंक के कायडकाल की वतडमान अजधसूजचत अवजध, जो
ददनांक 27.1.2026 को समाप्त िो रिी िै, से आगे कायडभार ग्रिण करने की तारीख से उनकी अजधवर्षिता की तारीख
अथाडत 31.12.2027 तक अथवा अगले आदेिों तक, जो भी ृिले िो, भारतीय स्ट्टेट बैंक में प्रबंध जनदेिक के ृद ृर ृुन:
जनयुि करती िै।
[फा. सं. 2/1/2025-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
New Delhi, the 16th December, 2025
S.O. 733.—In exercise of powers conferred by clause (b) of section 19 read with sub-section (1) of section 20
of the State Bank of India Act, 1955 (23 of 1955), the Central Government hereby re-appoints Shri Ashwini Kumar
Tewari (DoB: 29.12.1967) as Managing Director in State Bank of India with effect from the date of his assumption of
charge of the post, beyond his currently notified term which is ending on 27.01.2026, till the date of his
superannuation i.e., 31.12.2027, or until further orders, whichever is earlier.
[F. No. 2/1/2025-BO-I]
SANJAY KUMAR MISHRA, Under Secy.
नई ददल्ली, 3 माचड, 2026
का.आ. 734.—राष्ट्रीयकृत बैंक (प्रबंध और प्रकीणड उृबंध) स्ट्कीम, 1970 के ृैरा 3 के उृ-ृैरा (1) के साथ ृठ त
बैंककारी कंृनी (उृक्रमों का अजडन और अंतरण) अजधजनयम, 1970 की धारा 9 की उृधारा (3) के खंड (ग) द्वारा प्रदत्त
िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, श्रीमती सोनाली सेनगुप्ता के स्ट्थान ृर श्री थॉमस मैथ्यू, प्रधान
मु्य मिाप्रबंधक (सेवाजनवृत्त), भारतीय ठरजवड बैंक को तत्काल प्रभाव से और अगले आदेिों तक, इजण्डयन ओवरसीज बैंक
के बोडड में जनदेिक नाजमत करती िै।
[फा. सं. 6/3/2011-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
New Delhi, the 3rd March, 2026
S.O. 734.—In exercise of the powers conferred by clause (c) of sub-section (3) of section 9 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970, read with sub-paragraph (1) of paragraph 3 of the
Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970, the Central Government hereby
nominates Shri Thomas Mathew, Principal Chief General Manager (Retired), Reserve Bank of India as Director on
the Board of Indian Overseas Bank with immediate effect and until further orders, vice Smt Sonali Sengupta.
[F. No. 6/3/2011-BO-I]
SANJAY KUMAR MISHRA, Under Secy.
नई ददल्ली, 15 अप्रैल, 2026
का.आ. 735.—राष्ट्रीयकृत बैंक (प्रबंध और प्रकीणड उृबंध) स्ट्कीम, 1970 (ददनांक 17.11.2022 की अजधसूचना
के माध्यम से संिोजधत) के ृैरा 8 (1) के साथ ृठ त बैंककारी कंृनी (उृक्रमों का अजडन और अंतरण) अजधजनयम, 1970
की धारा 9 की उृधारा (3) के खंड (क) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा, बैंक आफ
बड़़ौदा के मु्य मिाप्रबंधक श्री सुिांत कुमार मोिन्ती (जन्म जतजथिः 1.8.1969) को कायडभार ग्रिण करने की तारीख से
तीन विड की अवजध के जलए अथवा अगले आदेिों तक, जो भी ृिले िो, बैंक आफ मिाराष्ट्र में कायडृालक जनदेिक के ृद
ृर जनयुि करती िै।
[ई फा. सं. 4/4(ii)/2024-बीओ-I]
संजय कुमार जमश्र, अवर सजचव
3996 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
New Delhi, the 15th April, 2026
S.O. 735.—In exercise of powers conferred by clause (a) of sub-section (3) of section 9 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970, read with paragraph 8 (1) of the Nationalised
Banks (Management and Miscellaneous Provisions) Scheme, 1970 (amended vide notification dated 17.11.2022), the
Central Government hereby appoints Shri Sushanta Kumar Mohanty (DoB: 01.08.1969), Chief General Manager,
Bank of Baroda as Executive Director in Bank of Maharashtra for a period of three years with effect from the date of
assumption of charge of the post, or until further orders, whichever is earlier.
[eF. No. 4/4/2024-BO-I]
SANJAY KUMAR MISHRA, Under Secy.
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 736.—भारतीय जनयाडत-आयात बैंक अजधजनयम, 1981 (1981 का 28) की धारा 6 की उृ-धारा (2) के
साथ ृठ त धारा 6 की उृ-धारा (1) के खंड (कक) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्रीय सरकार, एतद् द्वारा,
श्री तरुण िमाड (जन्म जतजथ: 16.03.1974), उृ प्रबंध जनदेिक (डीएमडी), भारतीय जनयाडत-आयात बैंक (एजजजम बैंक)
का कायडकाल उनके वतडमान कायडकाल के बाद, जो 17.04.2026 को समाप्त िो रिा िै, दो (02) विों की अवजध के जलए,
अथाडत् 17.04.2028 तक, या अगले आदेि तक, जो भी ृिले िो, बढाती िै।
[फा. सं. 9/4/2021-आईएफ-I]
एस.के. ससि, अवर सजचव
New Delhi, the 22nd April, 2026
S.O. 736.—In exercise of the powers conferred by clause (aa) of sub-section (1) of section 6 read with sub-
section (2) of section 6 of the Export-Import Bank of India Act, 1981 (No. 28 of 1981), the Central Government
hereby extends the tenure of Shri Tarun Sharma (DOB: 16.03.1974), Deputy Managing Director (DMD), Export-
Import Bank of India (Exim Bank), for a further period of two (02) years beyond his present tenure ending on
17.04.2026, i.e. upto 17.04.2028, or until further orders, whichever is earlier.
[F. No. 9/4/2021-IF-I]
S.K. SINGH, Under Secy.
राजस्ट्व जवभाग
(जिन्दी-2)
नई ददल्ली, 27 अप्रैल, 2026
का.आ. 737.—केन्र सरकार, राजभािा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 के जनयम 10
के उृ-जनयम (4) के अनुसरण में राजस्ट्व जवभाग के केन्रीय अप्रत्यक्ष कर एवं सीमा िुल्क बोडड के अधीन जनम्नजलजखत
कायाडलयों, जजनके 80 प्रजतित से अजधक अजधकाठरयों एवं कमडचाठरयों ने जिन्दी का कायडसाधक ज्ञान प्राप्त कर जलया िै, को
अजधसूजचत करती िै।
क्रम सं.
कायाडलय का नाम
1.
केंरीय कर और केंरीय उत्ृाद िुल्क, एणाडकुलम मंडल, कोजि आयुिालय
2.
केंरीय कर और केंरीय उत्ृाद िुल्क, काक्कनाड मंडल, कोजि आयुिालय
3.
केंरीय कर और केंरीय उत्ृाद िुल्क, ृेरुम्बावूर मंडल, कोजि आयुिालय
4.
केंरीय कर और केंरीय उत्ृाद िुल्क, इडुक्की मंडल, कोजि आयुिालय
5.
केंरीय कर और केंरीय उत्ृाद िुल्क, आलुवा मंडल, कोजि आयुिालय
6.
केंरीय कर और केंरीय उत्ृाद िुल्क, चालजकुडी मंडल, कोजि आयुिालय
[फा. सं. ई-11017/3/2017-जिन्दी-2-अजधसूचना]
प्रीजत सेलारे, उृ जनदेिक(रा.भा.)
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
3997
(Department of Revenue)
(Hindi-2)
New Delhi, the 27th April, 2026
S.O. 737.—In pursuance of sub-rule (4) of Rule 10 of the Official Language (Use for Official Purpose of the
Union) Rules, 1976, Central Government, hereby notifies the following offices under Central Board of Indirect Taxes
and Customs, Department of Revenue where more than 80% staff has acquired the working knowledge of official
language Hindi.
S.
No.
Name of the Office
1.
Central Tax and Central Excise, Ernakulam Division, Kochi Commissionerate.
2.
Central Tax and Central Excise, Kakkanad Division, Kochi Commissionerate.
3.
Central Tax and Central Excise, Perumbavoor Division, Kochi Commissionerate.
4.
Central Tax and Central Excise, Idukki Division, Kochi Commissionerate
5.
Central Tax and Central Excise, Aluva Division, Kochi Commissionerate
6.
Central Tax and Central Excise, Chalakudy Division, Kochi Commissionerate
[F. No E-11017/3/2017-Hindi-2-Notification]
PREETI SELLARE, Dy. Director (OL)
इस्ट्ृात मंत्रालय
नई ददल्ली, 21 अप्रैल, 2026
का.आ. 738.—केंर सरकार ने ृेरोजलयम और खजनज ृाइृलाइन (भूजम उृयोग के अजधकार का अजडन)
अजधजनयम, 1962 (1962 का 50) (जजसे इसमें इसके ृश्चात् उि अजधजनयम किा गया िै) की धारा 3 की
उृ-धारा (1) के अधीन जारी की गई, भारत सरकार के इस्ट्ृात मंत्रालय की अजधसूचना सं्या सा.का.जन. 679(अ),
तारीख 20 जसतम्बर 2023, जो भारत के असाधारण राजृत्र क्रमांक 537, तारीख 20 जसतम्बर 2023 में प्रकाजित की
गई थी, द्वारा उस अजधसूचना से संलग्न अनुसूची में जवजनर्ददष्ट भूजम में छत्तीसगढ राज्य में "बैलाडीला से नगरनार क्षेत्र
(एनएमडीसी जलजमटेड ृैलेट प्लांट नगरनार)" के अंतगडत ल़ौि अयस्ट्कस्ट्लरी के ृठरविन के जलए एनएमडीसी जलजमटेड
द्वारा स्ट्लरी ृाइृलाइनऔर जल ृाइृलाइन, ऑजप्टकल फाइबर केबल सजित ृाइृलाइन जबछाने के प्रयोजन के जलए
उृयोग के अजधकार का अजडन के अृने आिय की घोिणा की थी;
और उि राजृत्र अजधसूचना की सूचना संबंजधत भू-स्ट्वाजमयों को तारीख 16 जनवरी, 2026 तक उृलब्ध करा
दी गई थी;
और सक्षम प्राजधकारी ने, उि अजधजनयम की धारा 6 की उृधारा (1) के अधीन केन्रीय सरकार को ठरृोटड
प्रस्ट्तुत कर दी िै;
और केन्रीय सरकार ने, उि ठरृोटड ृर जवचार करने के ृश्चात् और यि समाधान िो जाने ृर दक उि भूजम
ृाइृलाइन जबछाने के जलए अृेजक्षत िै, उसमें उृयोग के अजधकार का अजडन करने का जवजनश्चय दकया िै;
अतिः अब, केन्रीय सरकार, उि अजधजनयम की धारा 6 की उृधारा (1) द्वारा प्रद्त्त्त िजियों का प्रयोग करते
हुए, यि घोिणा करती िै दक इस अजधसूचना से संलग्न अनुसूची में जवजनर्ददष्ट भूजम में ृाइृलाइन जबछाने के जलए उृयोग
के अजधकार का अजडन दकया जाए;
3998 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
और केन्रीय सरकार, उि अजधजनयम की धारा 6 की उृधारा (4) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, यि
जनदेि देती िै दक उि भूजम में उृयोग का अजधकार इस घोिणा के प्रकािन की तारीख से, केन्रीय सरकार में जनजित िोने
के बजाए, सभी जवल्लंगमों से मुि िोकर, एनएमडीसी जलजमटेड में जनजित िोगी I
ृेरोजलयम और खजनज ृाइृलाइन अजधजनयम, 1962 की धारा 10 के अधीन दकसी भी क्षजतृूर्षत के
जलएएनएमडीसीजलजमटेड ृूणडतया उत्तरदायी िोगी और ृाइृलाइन से संबंजधत दकसी भी मामले ृर केन्रीय सरकार के
जवरुद्ध कोई वाद दावा या कानूनी कायडवािी निीं िो सकेगी I
अनुसूची
क्र.
सं.
जजला
तिसील
म़ौजा
खसरा/ कम्ृाटडमेंट नंबर
भूजम का वगड
भूजम जजसमें उृयोगकताड
केअजधकार की आवश्यकता
िै(िेजटेयर में(
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1
बस्ट्तर
बास्ट्तानार
बास्ट्तानार
763
जनजी भूजम
0.0764
योग
01
0.0764
2
बस्ट्तर
बास्ट्तानार
इरृा
19/3
जनजी भूजम
0.0930
19/2
जनजी भूजम
0.7170
योग
02
0.8100
3
बस्ट्तर
बास्ट्तानार
दकलेृाल
532
जनजी भूजम
0.0132
315/1
जनजी भूजम
0.2720
315/1/फ
जनजी भूजम
0.6330
315/1/ट
जनजी भूजम
0.2583
315/1/9542
जनजी भूजम
0.4460
315/67
जनजी भूजम
0.1310
315/16
जनजी भूजम
0.3180
315/1/त्र
जनजी भूजम
0.3990
315/66/8
जनजी भूजम
0.2407
315/66/10
जनजी भूजम
0.2850
315/48
िासकीय भूजम
0.5080
381/1/ग
जनजी भूजम
0.4200
381/1/घ
जनजी भूजम
0.6790
381/31
जनजी भूजम
0.0990
763
जनजी भूजम
0.3240
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
3999
381/30
जनजी भूजम
0.2230
381/1/9575
जनजी भूजम
0.2700
381/टु
जनजी भूजम
0.0600
381/49
जनजी भूजम
0.1920
381/1/ि/10
जनजी भूजम
0.0780
381/1/ि/9
जनजी भूजम
0.3030
381/57/झ/1
जनजी भूजम
0.1797
381/57/छ
जनजी भूजम
0.3024
381/57/घ/3
जनजी भूजम
0.2467
381/1/9554/8
जनजी भूजम
0.4110
381/1/9554/1
जनजी भूजम
0.4052
योग
26
7.6972
4
बस्ट्तर
दरभा
जडलजमली
283/2/ग
जनजी भूजम
0.0030
283/2/घ
जनजी भूजम
0.0090
योग
02
0.0120
[फा. सं. एस-28030/1/2025-आरएम (20520)]
अररदम च़ौधरी, उृ सजचव
MINISTRY OF STEEL
New Delhi, the 21st April, 2026
S.O. 738.—Whereas by the notification of the Government of India in the Ministry of Steel G.S.R. No. 679
dated 20th September 2023, issued under sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act 1962 (50 of 1962), (hereinafter referred to as the said Act), published in
the Extraordinary Gazette of India No. 537 dated 20th September 2023, the Central Government declared its intention
to acquire the right of user in the land specified in the Schedule appended to that notification for the purpose of
laying Slurry Pipeline ―Bailadila to Nagarnar area (NMDC Limited Pellet Plant, Nagarnar)‖ and water pipeline
along with optical fiber cable for the transportation of iron ore slurry in the State of Chhattisgarh by
NMDC Limited;
And whereas, copies of the said Gazette notification were made available to the concerned land owners by
16th January 2026;
And whereas, the Competent Authority has under sub-section (1) of Section 6 of the said Act, submitted
report to the Central Government;
And whereas, the Central Government, after considering the said report and on being satisfied that the said
land is required for laying the pipelines, has decided to acquire the Right of User therein;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the
Central Government hereby declares that the Right of User in the land specified in the Schedule appended to this
notification is hereby acquired for laying the pipelines;
And further, in exercise of the powers conferred by sub-section (4) of Section 6 of the said Act, the Central
Government hereby directs that the Right of User in the said land for laying the pipelines shall, instead of vesting in
the Central Government, vest on the date of publication of the declaration, in NMDC Limited, free from all
encumbrances.
4000 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
NMDC Limited shall be exclusively liable for any compensation in terms of Section 10 of the P&MP
Act 1962 and no suit, claim or legal proceeding would lie against the Central Government on any matter relating to
the pipelines.
SCHEDULE
Serial
Number
District
Tehsil
Village
Khasara or
compartment
Number
Category
Lands in which
right of user is
acquired
(In Hectares)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
1
Bastar
Bastanar
Bastanar
763
Private Land
0.0764
Total
01
0.0764
2
Bastar
Bastanar
Irpa
19/3
Private Land
0.0930
19/2
Private Land
0.7170
Total
02
0.8100
3
Bastar
Bastanar
Kilepal
532
Private Land
0.0132
315/1
Private Land
0.2720
315/1/Fa
Private Land
0.6330
315/1/Ta
Private Land
0.2583
315/1/9542
Private Land
0.4460
315/67
Private Land
0.1310
315/16
Private Land
0.3180
315/1/Tra
Private Land
0.3990
315/66/8
Private Land
0.2407
315/66/10
Private Land
0.2850
315/48
Government Land
0.5080
381/1/Ga
Private Land
0.4200
381/1/Gha
Private Land
0.6790
381/31
Private Land
0.0990
763
Private Land
0.3240
381/30
Private Land
0.2230
381/1/9575
Private Land
0.2700
381/Tu
Private Land
0.0600
381/49
Private Land
0.1920
381/1/Ha/10
Private Land
0.0780
381/1/Ha/9
Private Land
0.3030
381/57/Jha/1
Private Land
0.1797
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4001
381/57/Chh
Private Land
0.3024
381/57/Gh/3
Private Land
0.2467
381/1/9554/8
Private Land
0.4110
381/1/9554/1
Private Land
0.4052
Total
26
7.6972
4
Bastar
Darbha
Dilmili
283/2/Ga
Private Land
0.0030
283/2/Gha
Private Land
0.0090
Total
02
0.0120
[F. No. S-28030/1/2025-RM (20520)]
ARINDAM CHAUDHARY, Dy.Secy.
नागर जवमानन मंत्रालय
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 739.—भारतीय जवमानृत्तन प्राजधकरण अजधजनयम, 1994 (1994 की सं. 55) के खंड 3 और खंड 5 के
उृ-खंड 1 (ii) के तित प्रदत्त िजियों का प्रयोग करते हुए, केंरीय सरकार एतद् द्वारा श्री वीर जवक्रम यादव, मिाजनदेिक,
नागर जवमानन मिाजनदेिालय, नागर जवमानन मंत्रालय को भारतीय जवमानृत्तन प्राजधकरण के बोडड में ृदेन सदस्ट्य के
ृद ृर तत्काल प्रभाव से, अगले आदेिों तक जनयुि करती िै।
[फा. सं. एवी-24011/8/2022-एएआई-एमओसीए]
असंगबा चुबा आओ, संयुज त सजचव
MINISTRY OF CIVIL AVIATION
New Delhi, the 22nd April, 2026
S.O. 739.—In exercise of the powers conferred under Section 3 and Sub-Section 1 (ii) of Section 5 of the
Airports of India Act, 1994 (No. 55 of 1994), the Central Government hereby appoints Shri Vir Vikram Yadav,
DirectorGeneral, Directorate General of Civil Aviation, Ministry of Civil Aviation as an Ex-officio Member on the
Board of Airports Authority of India with Immediate effect, until further orders.
[F. No. AV-24011/8/2022-AAI-MOCA]
ASANGBA CHUBA AO, Jt. Secy.
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 740.—भारतीय जवमानृत्तन प्राजधकरण अजधजनयम, 1994 (1994 की सं. 55) के खंड 3 और खंड 5 के
उृ-खंड 1 (ii) के तित प्रदत्त िजियों का प्रयोग करते हुए, केंरीय सरकार एतद् द्वारा श्री असंगबा चुबा आओ, संयुि
सजचव, नागर जवमानन मंत्रालय को भारतीय जवमानृत्तन प्राजधकरण के बोडड में अंिकाजलक सदस्ट्य के ृद ृर तत्काल
प्रभाव से, उनके कायडभार ग्रिण करने की तारीख से तीन विड की अवजध, अथवा अगले आदेिों तक, जो भी ृिले िो,
जनयुि करती िै।
[फा. सं. एवी-24011/8/2022-एएआई-एमओसीए]
िोजभत गुप् ता, संयुज त सजचव
4002 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
New Delhi, the 22nd April, 2026
S.O. 740.—In exercise of the powers conferred under Section 3 and Sub-Section 1 (ii) Of Section 5 of the
Airports Authority of India Act, 1994 (No. 55 of 1994), the Central Government hereby appoints Shri Asangba Chuba
Ao, Joint Secretary, Ministry of Civil Aviation as a Part-time Member on the Board of Airports Authority of India
with immediate effect, for a period of three years from the date on which he assumes office, or until further orders,
whichever is earlier.
[F. No. AV-24011/8/2022-AAI-MOCA]
SHOBHIT GUPTA, Jt. Secy.
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 741.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
जविाखाृत्तनम ृोटड रस्ट्ट 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;
ds iapkV (a9/2025) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी-II)-33]
सलोनी, उृ जनदेिक
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 22nd April, 2026
S.O. 741.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 9/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of Visakhapatnam Port
Trust and their workmen.
[No. L-39025/01/2026- IR(B-II)-33]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: - Sri IRFAN QAMAR
Presiding Officer
Dated the 5th February, 2026
INDUSTRIAL DISPUTE No. 9/2025
Between:
The General Secretary,
The Visakhapatnam Port Employees‘ Union(HMS),
Dharmasakti Bhavan, 26-15-204, Visakhapatnam,
Andhra Pradesh-53001
..…. …Petitioner
AND
1. The Chairman
Visakhapatanam Port Authority
Port Area, Visakhapatnam
… …Respondents
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4003
Appearances:
For the Petitioner : None
For the Respondents: Sri Ram, Advocate
AWARD
The Government of India, Ministry of Labour by its Order no. 8/42/2024-B1 dated 06.01.2025 referred the
following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the
management of Visakhapatnam Port Trust and their workmen. The reference is,
SCHEDULE
―Whether the action of the management of Visakhapatnam Port Authority in terminating the services of s/sri
B. Nookaraju, G. Syamala Rao, V. Nageswara Rao, V. Ramu, K. Mahesh Khanna, T. Trinadha Rao and G. Appa Rao
who were engaged as pool khalsis is legal and justified? If not, what relief the concerned workmen are entitled to?‘‘
he reference is numbered in this Tribunal as I.D. No 9/2025 and notices were issued to the parties concerned.
2. Petitioner absent. Respondent present. Despite sufficient opportunities, the Petitioner has failed to file
the cliam statement as directed by this Court vide order date 08-07.2025. Therefore, a ‗No-claim‘
Award is passed. Transmit.
Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 3rd day of
February, 2025.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 742.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
iatkc uS”kuy cSad 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; चंडीगढ-I ds iapkV (23/2025) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी-II)-35]
सलोनी, उृ जनदेिक
New Delhi, the 22nd April, 2026
S.O. 742.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 23/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank
and their workmen.
[No. L-39025/01/2026- IR(B-II)-35]
SALONI, Dy. Director
4004 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,
CHANDIGARH
(Present:-Mr. Kamal Kant, Presiding-cum-Link Officer).
ID No. 23/2025
Gagandeep Kaur, C.O Trackon Courier Near Main Post Office Jagraon, Ludhiana, Punjab 142026.
-------- Workman
Versus
1. General manager Punjab National Bank, Dhudike.
----Respondents
Award
Passed on:26.02.2026
1.
Present ID Case has been registered on the basis of communication through Samadhan Portal. After
registration of the case, notice was sent to workman. Notice under registered cover served properly and delivered to
the workman as per postal track report, but none appeared on behalf of workman till the date for filing any claim
petition.
2.
Since the workman did not appear before this Court for filing his claim statement, it is useless to keep this
proceeding pending. Therefore, the proceedings is dismissed for non-prosecution.
3.
File after completion be consigned to the record room.
KAMAL KANT, Presiding Officer
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 743.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdk
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; eqEcbZ - 2, ds iapkV (23/2019) izdkf”kr djrh gSA
[सं. एल-12025/01/2026- आई आर (बी-I)-81]
सलोनी, उृ जनदेिक
New Delhi, the 22nd April, 2026
S.O. 743.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.23/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai-2, as shown in the Annexure, in the industrial dispute between the management of Central Railway and
their workmen.
[No. L-12025/01/2026- IR(B-I)-81]
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
APPLICATION REFERENCE NO. CGIT-2/23 of 2019
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4005
First Party No.1 M/s. A-1 Laundry Services.,
C/o. All Services Global Pvt. Ltd.,
Plot No. A/G-3, Kama Industrial Estate,
Near Village Pahadi,
Near HUB,
Goregaon (E),
Mumbai- 400 063.
State – Maharashtra.
First Party No.2 M/s. Central Railway.,
The Sr. DME (Coaching)
Central Railway,
Annex Building,
2nd Floor,
CST,
Mumbai- 400 001.
State – Maharashtra.
AND
THEIR WORKMEN.
Party No.2 (Central Railway Contract Labour Sangh)
The Divisional Secretary,
(Shri R. J. Singh),
Central Railway Contract Labour Sangh (CRCLS)
Mumbai Division,
Sangh Sadan,
Dadar,
Mumbai- 400 028.
State – Maharashtra.
APPEARANCES:
Management No.1
:
Mr. N. S. Paranjpe.
Advocate.
Management No.2
:
Mr. B. K. Ashok.
Advocate.
Workmen
: Mr. S. Anchan
Advocate
AWARD
(Delivered on 11-03-2026)
1.
This is an application Reference u/s. 2A (2) of the Industrial Disputes Act 1947, filed by the Second Party.
2. This matter has taken in special campaign today in court but on repeated calls one counsel for the respondent
No.2 Mr. B. K. Ashok is present before the court, but no one is present on behalf of the petitioner/union. From perusal
of record, it is apparent that, the petitioner/union is not responding and attending the court since 23.12.2019. The
petitioner has not filed his evidence to prove the contents of his case. No other evidence has been filed by the
petitioner/union to prove his case. The petitioner/union is not coming to the court since long back. It appears that, the
union/petitioner is not interested to contest the case furthermore. The claim of the union/petitioner is not proved.
4006 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Hence it is ordered,
ORDER
The termination of the second party/workmen is legal, proper and justified. The workmen is not entitled to any relief.
Date: 11-03-2026
Justice SHIV SHANKER PRASAD, Presiding Officer/Link Officer
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 744.— 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 fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (11/2018) izdkf”kr djrh gSA
[सं. एल-12012/83/2017- आई आर (बी- II)]
सलोनी, उृ जनदेिक
New Delhi, the 22nd April, 2026
S.O. 744.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 11/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Lucknow as shown in the Annexure, in the industrial dispute between the management of Punjab National Bank
and their workmen.
[No. L-12012/83/2017- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, LUCKNOW
I.D. No. 11/2018
Ref NO.L-12012/83/2017 (IR(B-II)): Dated: 16/01/2018
Shri Sabind Kumar
S/o Late Sh. Rambhajan, Village Mateli,
PO: Jarayal Kala, Janpad Faizabad. …………... Claimant
Versus
1- The Chief Manager/Circle Head,
Punjab National Bank, Divisional Office,
Devkali Road, Janpad Faizabad.
2- The Zonal Manager, Punjab National Bank,
D/o Human Resources Development,
Divisional Office, Devkali Raod,
Reidganj, Faizabad. .………….. Respondents
AWARD
By order NO.L-12012/83/2017 (IR(B-II)): Dated: 16/01/2018, the present industrial dispute has been
referred for adjudication in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of
Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
"Whether the action of the Management of Chief Manager/Circle Head, Punjab National Bank, Divisional
Office, Faizabad and Zonal Manager, Faizabad in termination of Shri Sabind Kumar, s/o Late Shri
Rambhajan from 07/04/2017 alleged to be working from 18/11/2015 in PNB, Rojagaonjs Legal and justified
? If not, what relief he is entitled to?"
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4007
Accordingly, an I.D. Case No. 11/2018 has been registered.
In response to which claimant, filed his statement of claim.
In brief facts as stated therein are that he was appointed as casual labour with the respondent on 08.11.2015, and
worked up till 07.04.2017, however his services were retrenched/terminated without complying provisions of Section
25F of the Industrial Dispute Act.
Accordingly it is prayed by claimant, that he may be reinstated back in his services.
Thereafter on behalf of respondent, written statement has been filed denying the contention as taken by claimant in
his claim petition to which respondent had filed rejoinder affidavit.
On 22.04.2019 on behalf of claimant document no. (W6-1) to (W6-31), were filed in support of his case, and on
behalf of respondent/Bank documents no.(M7-1) to (M7-4) were filed on 17.02.2020, on record.
Thereafter on 24.12.2020, claimant in order to support his case has filed evidence on affidavit (examination in
chief)(W-8).
From the perusal of record its transpired that in spite of repeated opportunity given to applicant, he does not turn up
for his cross examination on the evidence in chief filed by him, so by order dated 10.09.2024, right of workman to
cross examine himself on his evidence on affidavit (Examination in Chief) has been closed.
Thereafter the matter was listed for hearing, in spite of notice none appeared on behalf of workman.
Today (05.02.2026) the matter was taken up in the revise cause list neither workman nor any counsel/LR appear on
behalf of the workman, in spite of notice.
Shri AP Singh learned counsel for respondent is present.
I have heard Shri AP Singh learned counsel for respondent and perused the record, keeping in view the above said
facts, this is a case of no evidence because worker did not cross examined himself on the evidence filed by him on
affidavit (examination in chief) so the case as set up by him has not been proved as per the relevant provision
Evidence Act, keeping the said facts and 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."
AWARD
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
24th February, 2026.
Justice ANIL KUMAR, Presiding Officer
4008 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
नई ददल्ली, 22 अप्रैल, 2026
का.आ. 745.— 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 fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (16/2021) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी- II)-36]
सलोनी, उृ जनदेिक
New Delhi, the 22nd April, 2026
S.O. 745.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 16/2021) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Lucknow as shown in the Annexure, in the industrial dispute between the management of Allahabad Bank and
their workmen.
[No. L-39025/01/2026- IR(B-II)-36]
SALONI, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT. LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I. D. No. 16/2021
BETWEEN
Dhruv Shukla, S/o Shri Onkar Nath Shukla, R/o Villa Rukhara, PO-Bhadfr
Distt - Sitapur - 261135
AND
(1) M/s Sainik Security Services, S-20/53-33, Budh Vihar Colony, Gaal Road, Cantt, Varanasi.
(2) Allahabad Bank, presently Indian Bank, Branch, Ishanagar, Distt. Lakhipur Khiri
(3) Allahabad Bank, presently Indian Bank, Divisional Office, Lahimpur Khiri
AWARD
Sri Dhruv Shukla S/o Sri Onkar Nath Shukla, claimant filed claim petition before this Tribunal on 25.01.2021 u/s 2A
of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).
Accordingly, an industrial dispute No. 13/2016 has been registered.
Claimant in his claim statement, prayed for following relief:
“क प्रजतवादीगण द्वारा जबना दकसी कारण, जबना दकसी आरोृ ृत्र तथा उस ृर सफाई प्रस्ट्तुत करने का कोई अवसर ददये,
जबना दकसी नोठटस, नोठटस ृे, और जबना दकसी प्रकार की छटनी क्षजतृूर्षत आदद का भुगतान दकये, म़ौजखक आदेि के माध्यम
से प्राथी को ददनांक 25-82020 से कायड से प्रथक / वंजचत दकये जाने को अनुजचत और अवैधाजनक घोजित करते हुए सवेतन
अटूट सेवा में बिाल दकये जाने का आदेि ृाठरत करने की कृृा करें।
ख बै की की अवजध का ृूरा ृूरा वेतन और अन्य जितलाभ, जो उन्िें जनरन्तर सेवा में बने रिने की जस्ट्थजत में प्राप्त िोते.
ददलाये जाने का आदेि ृाठरत करने की कृृा करें।
ग यि दक वाद के संचालन का उजचत िजाड खचाड भी ददलाया जाए।”
On behalf of the respondent filed preliminary objecaiton, with prayer to reject claim of the workman.
Thereafter, workman filed rejoinder on 21.01.2022.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4009
From the perusal of record, it is clearly established that claimant/workman has not filed evidence on affidavit in
support of his case in spite of several opportunities; and it is a case of no evidence from the side of workman/claimant
in support of his case.
Thus, in view of the above said facts and 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 did not file any evidence on affidavit in support of his case, so it is a case of no evidence filed on
behalf of workman in support of case, 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.
Lucknow.
06th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 746.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ऑफ बड़़ौदा ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ- 2, ds iapkV (48/2019) izdkf”kr djrh gSA
[सं. एल-12011/27/2019- आई आर (बी-II)]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 746.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 48/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Mumbai
-2 as shown in the Annexure, in the industrial dispute between the management of Bank of Baroda and their
workmen.
[No. L-12011/27/2019- IR(B-II)]
SALONI, Dy. Director
4010 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
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-2/48 of 2019
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
Party No. 1. M/s. Bank of Baroda.
The Chairman & Managing Director,
Bank Of Baroda,
Head Office, Baroda Bhawan,
R. C. Dutt Road, Alkapuri,
Baroda – 390007.
AND
THEIR WORKMEN.
Party No.2 (All India Bank of Baroda Karmachari Sena)
The General Secretary,
All India Bank of Baroda Karmachari Sena,
10/12, Bank of Baroda Building (MMO),
Mezzanine Floor,
Mumbai Samachar Marg, Fort,
District- Sangli,
Mumbai – 400 001,
State: Maharashtra.
APPEARANCES:
Management :
No appearance
Workmen
:
No appearance.
AWARD
(Delivered on 09-03-2026)
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- 12011/27/2019-IR (B-II) dated 29.08.2019. The terms
of reference given in the schedule are as follows:
“Whether the claim of the Union that the action of the management of Bank of Baroda in not implementing the
rotational transfer of staff as per policy is just and legal? If yes, what relief the Union is entitled to?”
2.
The case is called out today. Both parties are absent. From perusal of record, it is apparent that, the petitioner
is not responding and attending the Court despite service of notices. No Statement of Claim and Written Statements
have been filed by the parties respectively till today. No other evidence has been filed by the petitioner to prove his
claim. The petitioner/union is not coming to the court since long back. It appears that, the petitioner/union is not
interested to contest the case furthermore. The claim of the petitioner/union is not proved. So, the case is closed.
Hence, it is ordered
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4011
ORDER
The claim of the Union, that the action of the management of Bank of Baroda in not implementing the
rotational transfer of staff as per policy is not just and not legal. The Union is not entitled to any relief.
Date: 09-03-2026
Justice SHIV SHANKER PRASAD, Presiding Officer/Link Officer
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 747.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
जवािरलाल नेिप ृोटड रस्ट्ट ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn
esa dsUnzh; ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ - 2, ds iapkV (50/2019) izdkf”kr djrh gSA
[सं. एल-34025/01/2019- आई आर (बी-II)]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 747.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.50/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -2 as shown in the Annexure, in the industrial dispute between the management of Jawaharlal Nehru Port
Trust and their workmen.
[No. L-34025/01/2019- 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-2/50 of 2019
EMPLOYERS IN RELATION TO THE MANAGEMENT OF
First Party No. 1. M/s. Jawaharlal Nehru Port Trust
The Chairman,
Jawaharlal Nehru Port Trust,
Administrative Building,
Sheva,
Navi Mumbai – 400 707,
State: Maharashtra.
2. M/s. Ekta Enterprises
M/s. Ekta Enterprises
Unit JNPT, 606,
Time Square,
Sector-5,
CBD Belapur,
4012 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Navi Mumbai – 400 614,
State: Maharashtra.
AND
THEIR WORKMEN.
Party No.2 (New Maritime General Kamgar Sanghatana)
Mr. Mahindra Gharat, President
New Maritime General Kamgar Sanghatana
13/14, Royal Residency, Plot No.281,
Visharli Naka, Above Kanak Automobiles,
Panvel : 410 206,
State: Maharashtra.
APPEARANCES:
Management No.1
:
Mr. L. L. D‘Souza.
Advocate
Management No.2
:
Mr. J. Sawant.
Advocate
Workmen
:
Mr. A. Kulkarni.
Advocate
AWARD
(Delivered on 09-03-2026)
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- 34025/01/2019-IR (B-II) dated 25.09.2019. The terms
of reference given in the schedule are as follows:
“Whether the Charter of Demands for wage revision raised by New Maritime & General Kamgar
Sanghatana against M/s. Ekta Enterprises, Contractor of JNPT is fair, reasonable and justified? If yes,
what relief the workmen are entitled to?”
2.
The case is called out today. Ms. Priyanka Sawant, learned counsel for the first party No.1 is present before
the court but no one is present on behalf of the petitioner/union on repeated calls. From perusal of record, it is
apparent that, the petitioner is not responding and attending the Court since 10.02.2022 long back. No Statement of
Claim and Written Statements have been filed by the parties respectively till today. No other evidence has been filed
by the petitioner to prove his claim. The petitioner/union is not coming to the court since long back. It appears that,
the petitioner/union is not interested to contest the case furthermore. The claim of the petitioner/union is not proved.
So, the case is closed.
Hence, it is ordered.
ORDER
The Charter of Demands for wage revision raised by New Maritime & General Kamgar Sanghatana
against M/s. Ekta Enterprises, Contractor of JNPT is not fair, not reasonable and not justified. The
workmen are not entitled to any relief.
Date: 09-03-2026
Justice SHIV SHANKER PRASAD, Presiding Officer/Link Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4013
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 748.— 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 fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (a6/2025) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी- II)-37]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 748.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 6/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai
as shown in the Annexure, in the industrial dispute between the management of Indian Bank and their workmen.
[No. L-39025/01/2026- IR(B-II)-37]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT
CHENNAI
ID No. 6/2025
Present: SUSHIL KUMAR, PRESIDING OFFICER
Date: 23-02-2026
Smt. P. Parimala,
W/o Paranthaman,
27, Rajiv Gandhi Street,
Dr. Khan Nagar,
Nesapakkam,
Chennai-600 078
:
1st Party/Petitioner
AND
The General Manager (CDO),
Indian Bank,
CO: HRM Department,
254-260, Avvai Shanmugam Salai,
Royapettah,
Chennai – 600 001.
:
2nd Party / Respondent
Appearance:
For the 1st Party/Petitioner :
None
For the Respondent
:
None
Award
The Central Government, Ministry of Labour& Employment vide its Order No. 7/49/2024/B4/ 300075419/
ADJ/A1, dated 10.12.2024 referred the following Industrial Dispute to this Tribunal for adjudication.
The schedule mentioned in that order is:
4014 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
―Whether the termination of casual employee Smt. P. Parimala by Indian Bank is legal and justified? If not,
to what relief Smt. P. Parimala is entitled to?‖
2.
Onreceipt of the above reference dated 10.12.2024 from the appropriate Government, the dispute was
registered as ID No. 6/2025 and due notices were issued to both the parties for their appearance fixing the case to
04.06.2025. Neither the Petitioner nor any Counsel / Authorized Representative turned up resulting further
adjournments to 04.08.2025, 17.09.2025, 12.11.2025 and 18.12.2025. The Petitioner did not turn up. It reveals from
the body of reference that while the appropriate Govt. sent the reference dated 10.12.2024 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 17.02.2026. 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. 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.
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, 23 अप्रैल, 2026
का.आ. 749.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh; ljdkj
vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (a44/2019) izdkf”kr djrh gSA
[सं. एल-12012/16/2019- आई आर (बी- II)]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 749.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 44/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai
as shown in the Annexure, in the industrial dispute between the management of Andhra Bank and their workmen.
[No. L-12012/16/2019- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT, CHENNAI
Date: 02-02-2026
Present: SUSHIL KUMAR-II,
PRESIDING OFFICER
Industrial Dispute No. 44/2019
BETWEEN
Shri R.Elangovan
S/o. E.Radhakrishnan
14A, VSM Garden, West Saidapet,
Chennai-600083.
:
1st Party/Petitioner
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4015
AND
1.The Chief Manager,
Andhra Bank, Zonal Office,
Linghi Chetty Street,
Chennai-600 001.
2. The Senior Manager (HR)
Andhra Bank, Zonal Office,
Linghi Chetty Street,
Chennai-600 001.
:
II Party/Respondent
Appearance:
For the 1st Party/Petitioner :
M/s. D.Ravindranathan, Advocates
For the II Party/Respondents 1 & 2 :
M/s. Aiyar & Dolia, Advocates
The Central Government, Ministry of Labour & Employment vide its Order No.L-12012/16/2019(IR(B-II)
dated 20-05-2019 referred the following Industrial Dispute to this Tribunal for adjudication:-
2. The schedule mentioned in that order is:
―Whether the demand of Shri R.Elangovan, Sub-Staff of Andhra Bank for reinstatement into service w.e.f
01.11.2018 (Stated to be working since 03.12.2014 to 01.11.2018) with all attendant benefits is legal and justified?
If not, to what relief is the workman entitled to?”
3.
It is the claim of the Petitioner that he was selected and appointed by the Respondent Management as sub-
staff, after having followed the existent instructions and procedures, in the Sriperumbudur Branch (Tiruvallur District)
on 03.12.2014. The petitioner submits that he had worked for more than 240 days in each of the calendar years during
the period from December 2014 to October, 2018. The petitioner further submits that his monthly wages was
deposited in his bank a/c bearing no. 24111000002698 at Sriperumbudur Branch of the Respondent bank. The
petitioner submits that his last drawn salary of Rs.15,082/- being the salary for the month of June 2018 was deposited
in his bank account on 03.07.2018. The petitioner submits that he had put in total service of more than 4 years from
the date of appointment i.e. 03.12.2014, till the date of termination i.e. 31.10.2018. The action of the respondent in
terminating the services of the petitioner during the pendency of conciliation proceedings is arbitrary, vindictive,
illegal and against the principles of natural justice. The respondent bank violated the provisions of the Industrial
Disputes Act, 1947, arbitrarily in terminating him from service without complying with the provisions of the Act.
The petitioner submits that it is pertinent to mention that even when he was terminated from service without notice,
the Respondent has issued online advertisement during April, 2017 calling for applications for the post of sub staff
without filling from amongst the existing staff working for years together. The provisions of the bi-partite settlement
with regard to the regularization of temporary staff have also been totally violated in terminating the services of the
petitioner. For the above reasons, the Respondent Bank may be directed to reinstate the Petitioner into service with
back wages, continuity of service and other attendant benefits.
4.
The Respondent bank in its counter statement submitted that the Petitioner was never appointed at the said
branch of the bank as a sub-staff. He was engaged for specific purpose for which he was paid with fair wages on
the basis of equal pay for equal work. Therefore, his engagement was casual in nature and it shall not amount to
appointment in the post of sub-staff. Hence, the services provided by the Petitioner was no stretch of imagination
can be considered as regularization. It is submitted that disengagement of Petitioner during pendency of conciliation
is not arbitrary, illegal and against the principles of natural justice. The Petitioner was not appointed as sub-staff,
whereas he was just engaged for completion of specific purpose. The Petitioner was never terminated from service
and thus, no notice was served on the Petitioner and there is no violation of law committed by the Respondent bank
and thus, for the above reasons, the ID raised by the Petitioner is not maintainable and deserves to be dismissed.
Witnesses Examined:
For the First Party Petitioner :
WW1 Shri R.Elangovan
For the 2nd Party/Management :
Nil
Documents Marked:
On the Petitioner‘s side:
4016 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Ex.No.
Date
Description
Ex.W1
08.12.2015
Transaction history of the Petitioner with the Respondent
bank bearing a/c. No.241110000002698 for the period from
Dec.2015 to July, 2018.
Ex.W2
01.03.2016
Letter addressed by Branch Manager Sriperumbudur branch
to DGM, Zonal Office of the Respondent Bank.
Ex.W3
18.06.2016
Letter addressed by Branch Manager Sriperumbudur branch
to DGM, Zonal Office of the Respondent Bank.
Ex.W4
17.12.2018
I.D. raised before Assistant Labour Commissioner u/s.2A
of the Act
Ex.W5
14.02.2019
Recording failure of conciliation
Ex.W6
20.05.2019
Copy of order of reference sent by Ministry of Labour
Documents Marked:
On behalf of Respondent/Management : Nil
5.
Heard both the counsels appearing on behalf of the parties and perused the records. The Petitioner has filed
proof of affidavit and six documents have been marked as Ex.W1 to W6 on his behalf and the Petitioner was cross
examined by the Respondent. On behalf of the Respondent proof of affidavit was filed by the Chief Manager of
Zonal Office Mr. K.Satyanarayana. No document is filed on behalf of the Respondent bank.
6.
The point that arises for determination is whether the Petitioner is entitled for reinstatement into service?
If so, to what relief, he is entitled to?
7. The learned counsel for the Appellant submitted that the Petitioner was appointed by the Respondent Bank after
having followed the existent instructions on 03.12.2014 and he has completed four years service without any break.
The monthly wages of the Petitioner was credited into account of the Petitioner in Sriperumbudur branch bearing
No.24111000002698. In this regard, the Petitioner has marked Ex.W1 as transaction history, which clearly
establishes the fact that Petitioner had continuously worked with the Respondent bank for four years i.e., more
than 240 days in a calendar year and wages were drawn. Ex.W2 and Ex.W3 are the letters sent by Branch Manager of
Sriperumbudur branch of the Respondent bank to the DGM., Zonal Office recommending the Petitioner for
confirmation.
8.
Per contra, the learned counsel for the Respondent contended that the engagement of the Petitioner was
casual in nature and shall not amount to appointment for the post of sub-staff. Merely because the Petitioner has
completed 240 days of service in a year preceding the date of disengagement, the service of the Petitioner is not
liable to be regularized. He further submitted that when there is no order of appointment, the question of termination
of the Petitioner does not arise. Further, in the proof of affidavit, the Respondent stated that the Petitioner had raised
conciliation proceedings during the year 2018 u/s.2A of the Act. Therefore, the present industrial dispute raised by
the Petitioner attracts doctrine of res judicata as the Petitioner has raised similar dispute before this forum through
union and the matter was earlier dismissed by this Tribunal. Therefore, it is second round of litigation. On this
ground itself, the ID is liable to be dismissed and the question of adjudication of this dispute does not arise.
9.
The learned Counsel for the Respondent relied upon the judgment of the Hon'ble Supreme Court in the case
of Secretary, State of Karnataka Vs. Umadevi & Others in Appeal (Civil) 3595-3612 of 1999 (2006) 4 SCC 1. In
this case, the Hon'ble Supreme Court in Civil Appeal No.3595-3612 of 1999, 3520-3524 of 2002 arising out of SLP
9103-9105 of 2001 dated 10.04.2006 has directed the Union of India, that long and continuous service alone does
not create right to regularization. It cannot be claimed as a matter of right, unless appointment itself is made against
the sanctioned post and it was made through legal and proper process.
10.
The Respondent further contended that no person can be appointed in violation of recruitment norms laid
down. Any appointment is made in violation of recruitment norms, the said appointment becomes void ab-initio and it
does not confer any right to the persons so appointed.
11. The learned counsel for the Respondent relied upon the judgement of the Hon'ble Supreme Court in The
Managing Director Vs. Ajmer Vidhyut Vitran Nigam Ltd & Another. In that case, the Hon'ble Supreme Court has
held that the date from which the regularization is to be granted is a matter to be decided by the employer keeping in
view a number of factors like nature of work, number of posts lying vacant, financial condition of the employer, the
additional financial burden caused, suitability of the workman for the job and the manner and reason for which
initial appointments were made etc. and further held that date of regularization and grant of pay scale is a prerogative
of the employer / screening committee and no parity can be claimed in the matter of regularization in different years.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4017
12.
The learned counsel for the Respondent relied upon another judgement of the Hon'ble Supreme Court, The
State of Bihar and Ors Vs. Kirti Narayan Prasad. In that case, the Hon'ble Supreme Court held that since the
appointment of the Petitioner was ab initio, void, they cannot be said to be civil servants of the State. On perusal of
the judgement, it appears that some Petitioners produced fake or forged appointment letter. But, this is not the case of
the Petitioner. He never forged the appointment letter. Further, the Respondent failed to refute the documentary
evidence Ex.W1 filed by the Petitioner that the wages amount was paid to the Petitioner for all these four years.
13.
As held by the Hon'ble Supreme Court, it is the prerogative right of the employer to regularize the services
of employee But, if the employee serves continuously for four years, then he cannot be asked to leave the service
without providing opportunity of being heard. Therefore, in the present case, the Petitioner is entitled for
reinstatement into service.
AWARD
In view of the above reasons, the Industrial Dispute raised by Petitioner is allowed. The Respondent is directed to
reinstate the Petitioner on the same pay scale as he was getting from the date of removal. The Petitioner is entitled
for 50% of the back wages, which will be paid within three months and also entitled for regularization in the course
of seniority as per availability of regular post. The reference is answered accordingly.
Record be consigned to the record room.
SUSHIL KUMAR-II, Presiding Officer
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 750.— 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 deZdkjkas ds chp vuqca/k esa fufnZ’V fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (a19/2017) izdkf”kr djrh gSA
[सं. एल-12011/08/2017- आई आर (बी- II)]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 750.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 19/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai
as shown in the Annexure, in the industrial dispute between the management of Indian Overseas Bank and their
workmen.
[No. L-12011/08/2017- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT, CHENNAI
Date: 23-02-2026
Present: SUSHIL KUMAR-II,
PRESIDING OFFICER
I.D. No.19/2017
BETWEEN
Shri S.Jeyaramalingam,
C/o. Madurai Motor Transport and General
Workers Union,
146, Puttu Thoppu Road, R,M. Complex
Madurai-625 016.
:
1st Party/ Petitioner
4018 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
AND
The Chief Regional Manager,
Indian Overseas Bank, Regional Office,
No.40, 80 Feet Road, Anna Nagar,
Madurai-625 020.
.
.
:
2n Party/Respondent
Appearance:
For the 1st Party/ Petitioner
:
M/s. N.K.Srinivasan, Advocates
For the 2nd Party/ Respondent
:
M/s.N.G.R.Prasad, Advocates
The Central Government, Ministry of Labour & Employment vide its Order No.L-12011/08/2017(IR(B-II)
dated 20-03-2017 referred the following Industrial Dispute to this Tribunal for adjudication:-
2. The schedule mentioned in that order is:
―Whether the action of the management of Indian Overseas Bank , Regional Office, Madurai in estopping
the services of Shri S.Jeyaramalingam, an Ex-Jewel Appraiser from service w.e.f 06.03.2015 is legal and
justified? If not, to what relief, the workman is entitled to?”
3.
As per the claim statement, the case of the Petitioner is that he was engaged as Business Correspondent to
the bank as per agreement dated 11.08.2010 and later he was appointed as jewel appraiser from 05.10.2012 for
Sevalpatti Branch. The Petitioner was terminated by the bank without adopting any procedure and he was not
assigned any reason for termination. The Petitioner submits that reported allegation of undervalue of gold jewels
against him had not been established. There is no substantial evidence to prove the allegation was made against the
Petitioner. No show cause notice has been issued and termination of service is against provisions of Article 14, 16 &
21 of Constitution of India. Therefore, the Respondent bank may be directed to reinstate the petitioner into service .
4.
In the counter statement filed on behalf of the Respondent, it is submitted that the petitioner has raised the
present industrial dispute challenging his dis-empanelment as jewel appraiser under Industrial Disputes Act 1947, is
not maintainable either in law or on facts and it is liable to be dismissed in limine, as jewel appraisers are not
workmen as defined under Section 2(S) of the same Act. That the jewel appraisers are not workmen is amply clear
from the rulings dated 10.03.2006 of the Honourable Supreme Court in the Appeal (civil) 7986 of 2004 in Writ
Appeal No.465 of 2001 in the case of the General Manager, Indian Overseas Bank - vs - Workmen, All India
Overseas Bank Employees Union. In as much as the jewel appraisers are not workmen, the dispute raised by them
against Indian Overseas Bank is not an Industrial Dispute in terms of provision of the Industrial Disputes Act.
5. In fact as per policy Bank never appoints any jewel appraiser. As per guidelines of the Bank, a panel of jewel
appraisers will be prepared based on the applications made by experienced jewel appraisers and among the
empanelled appraisers, the branch can utilize the service of any one of them with the approval of the Regional Office.
Since the Bank has not appointed the petitioner on employment basis, they are free to carry on any business even
while certifying the jewels at the opposite party Bank. The bank has chosen to disengage the petitioner since he has
given certificate to inferior quality jewels and also due to other allegations. It is submitted that there is no employer
and employee relationship between the Bank and the petitioner. The petitioner was empaneled in the Jewel Appraiser
panel and allotted to the Sevalpatti Branch on 05.10.2012. His service as jewel appraiser was dispensed with by
Regional office Madurai based on complaints against him by the customers of the Bank. Regional office of the Bank
conducted re-appraisal of the jewels which were appraised by him and found that an excess of Rs.5.89 lakhs was
financed due to the wrong appraisal of fineness of jevel pledged in 83 loan accounts. It is submitted that the petitioner
has filed W.P.No.(MD). No.7658 of 2015 before the Hon'ble Madurai Bench of Madras High Court challenging his
disengagement and the said writ petition was dismissed by the Hon'ble court on 30.04.2015. Challenging the order, he
has filed WA. (MD). No.767 of 2015. The said appeal was also dismissed by the Hon'ble Court. It is only thereafter,
the petitioner has raised the present industrial dispute before the Labour Commissioner. It is submitted that the
Hon'ble Supreme Court vide its order dated 10.03.2006 in Civil Appeal No.7986 of 2004 has clearly stated that there
is no employer and employee relationship between the Bank and jewel appraiser like the petitioner. It is submitted
that the petitioner was engaged by the branch as Business Correspondent through an agreement and later was
empanelled as jewel appraiser by the Sevalpati branch. The petitioner was paid commission as per the agreement. The
averment that the petitioner discharged his duties without any room for complaints is denied as there were complaints
against him by the customers of the Bank. Based on the complaints, the Bank conducted re-appraisals of the jewels
appraised by the petitioner and ascertained that an excess of Rs.5.89 lakh was financed due to his wrong appraisal.
The petitioner was dis-empanelled as jewel appraiser based on the complaints and re-appraisals was done by the
Bank. The petitioner is not an employee of the Bank. The Bank is only using his technical service as appraiser of
jewels for the purpose of granting jewel loans. His remuneration is purely based on the commission which is paid by
the customers. Further the petitioner is free to carry out any job after the assessment is over. In fact petitioner is also
running a chit fund business even while he was engaged as Jewel Appraiser/Business Correspondent. It is submitted
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4019
that the petitioner is not an employee of the Bank. His services were utilized by the Bank for appraisal of jewels and
the same is spelt out in the letter dated 05.10.2012. Since it was found that the petitioner had wrongly appraised the
jewels, he was merely disengaged by the Bank. It is submitted that there are no merits in the Claim Petition filed by
the petitioner and the same may be rejected.
Witnesses Examined:
For the First Party Petitioner :
WW1 Shri S.Jeyaramalingam
For the 2nd Party/Management :
MW1 Shri D.Sadasivan,Manager, Law
Documents Marked:
On the Petitioner‘s side:
Ex.No.
Date
Description
Ex.W1
11.08.2010
Copy of agreement with the bank
Ex.W2
27.09.2012
Copy of letter issued by bank
Ex.W3
05.10.2012
Copy of appointment order for jewel appraiser
Ex.W4
20.03.2017
Copy of order of reference made by Ministry of Labour
Ex.W5
03.09.2015
Copy of 2A petition filed by the Petitioner
Ex.W6
06.11.2015
Reply filed by the Respondent
Ex.W7
28.01.2016
Reply filed by the Petitioner
Ex.W8
10.03.2016
Additional written statement filed by Respondent
Ex.W9
09.03.2015
Copy of Petitioner notice for reinstatment
Documents Marked:
On behalf of Respondent/Management :
Ex.No.
Date
Description
Ex.M1
10.03.2006
Copy of judgement of Hon'ble Supreme Court in Civil
Appeal No.7986 of 2004
Ex.M2
30.04.2015
Order in W.P (MD) No 7658 of 2015
Ex.M3
16.07.2015
Order in W.P (MD) No 767 of 2015
6.
Heard the learned counsels appearing on behalf of the either side and perused the records. The point that
arises for my determination is whether the Jewel Appraiser in the Respondent Bank is workman u/s.2(S) of the
Industrial Disputes Act, 1947.
7.
As per definition of section 2(s) of the Industrial Disputes Act, 1947, workman is a person employed to do
manual, technical, unskilled, skilled, technical, operational, clerical or supervisory work subject to wage limit. The
question is what is the nature of work of the Jewel Appraiser. It is admitted by the Petitioner that his main work is to
examine the purity of gold and take commission from the person who pledge the jewel in the Respondent bank and
take the loan amount. The Respondent also stated that the bank did not pay remuneration to the Petitioner and he
gets commission from the person who pledge the jewel in the bank. Thus, this fact is established that the Petitioner
is taking commission per transaction from the customer, who pledge the jewel in the bank and the Petitioner is not
under the control of the bank, he is free to work in multiple banks and there is no relationship of employer and
employee with the Respondent bank and the Petitioner. Further, as relied on by the Respondent, the Hon'ble
Supreme Court the case of the General Manager, Indian Overseas Bank Vs. Workmen reported in (2006) 3 SCC
729 has categorically held that Jewel Appraisers are not workmen under the provisions of the Act. Therefore, since
the Petitioner/Jewel Appraiser is not a workman, he is not entitled to get any relief under the Act. The reference is
answered accordingly.
AWARD
In light of the above discussion, as the Petitioner is not a workman and no employer-employee relationship exists
between the Respondent /bank and the Petitioner, he is not entitled to get any relief and thus, the industrial dispute is
dismissed accordingly.
Record be consigned to the record room.
SUSHIL KUMAR-II, Presiding Officer
Date : 23.02.2026
Place: Chennai
4020 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 751.— 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 fookn esa dsUnzh; ljdkj
vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (a13/2017) izdkf”kr djrh gSA
[सं. एल-12012/94/2016- आई आर (बी-II)]
सलोनी, उृ जनदेिक
New Delhi, the 23rd April, 2026
S.O. 751.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 13/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Chennai
as shown in the Annexure, in the industrial dispute between the management of UCO Bank and their workmen.
[No. L-12012/94/2016- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT, CHENNAI
Date: 02-02-2026
Present: SUSHIL KUMAR-II,
PRESIDING OFFICER
I.D. No.13/2017
BETWEEN
Shri S.Peter,
S/o. Sebastian,
5/462, Kotharavayal,
Gudalur Dist
Nilgiris-643 212..
:
1st Party/ Petitioner
AND
The Manager,
UCO Bank, Via Ooty,
Gudalur, Nilgiris.
.
.
:
2n Party/Respondents
Appearance:
For the 1st Party/ Petitioner
:
M/s. K.Lavan, Advocates
For the 2nd Party/ Respondent
:
M/s. Srinath Sridevan, Advocates
The Central Government, Ministry of Labour & Employment vide its Order No.L-12012/94/2016(IR(B-II)
dated 06-03-2017 referred the following Industrial Dispute to this Tribunal for adjudication:-
2. The schedule mentioned in that order is:
―Whether the action of the management of UCO Bank, Gudalur Branch in estopping the services of
Shri Peter, an ex-sub-staff from service w.e.f. 31.03.2009 is legal and justified? If not, to what relief
the workman is entitled to?”
2.
The Petitioner claimed that he was employed as sub-staff by the 2nd Party/Respondent bank continuously
from 01-11-2002 till 31-03-2009 and was paid Rs.150/- per day through voucher and the same can be verified from
the daily wages voucher, daily voucher note, general ledger and Day book maintained by the Respondent bank. It is
submitted that Petitioner belongs to converted schedule caste Christian and originally his name was Mr.S.Peter
Burnad and after Baptism his name was changed to S.Peter. It is submitted that the Respondent Bank orally refused
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4021
employment to the Petitioner on 31-03-2009 without any notice or enquiry. As such the refusal of employment to the
Petitioner from 31-03-2009 is against the provisions of Industrial Dispute Act and the principles of Natural Justice.
Since the Petitioner has worked as sub staff for more than 6 years with continuity of service, the 2nd
Party/Respondent should have regularized his service. Though the Petitioner requested the Respondent Bank on
number of occasions, to reinstate him in service, there was no response from the 2 Party Respondent bank.
Therefore, the Petitioner filed a petition in R.C.No.7/22/2015, U/S 2(A) of the Industrial Disputes Act, 1947, before
the Deputy Principal Labour Commissioner Central. Madurai to declare the refusal of employment from 31-03-2009
as illegal and direct the 2nd Party/Respondent to provide the Petitioner employment with back wages and continuity
of service. But the conciliation ended in failure and subsequently, the Ministry has sent the reference for adjudication.
The refusal of employment to the Petitioner from 31-03-2009 by the 2 Party Respondent without any notice and
enquiry is not valid in law and held to be illegal as the Petitioner had worked as sub-staff continuously for more than
6 years. The refusal of employment to the 1st Party/Petitioner by the is against the provisions of Section 25(b) of the
Industrial Dispute Act, 1947. For these reasons, it is prayed that Respondent Bank may be directed to reinstate him
into service with back wages and other attendant benefits.
3. It is submitted that the Petitioner was only engaged as a Coolie by the Bank and he was paid with a sum of Rs.
150/- as a Coolie amount. It is significant to point out that the Petitioner's service was terminated every day, by
getting voucher for the payment of the said coolie amount of Rs. 150/-. It is submitted that the Bank is a Nationalized
Bank. The Petitioner got himself engaged as a coolie on a daily basis depending upon the requirement. The Petitioner
was not recruited as a permanent employee in accordance with the procedure enumerated in the Bank's recruitment
system. In the event of any permanent employment in the nationalised bank, proper recruitment system alone will be
followed for the purpose of recruiting any employee. After such proper recruitment, a service register is to be
maintained by the Bank for all the permanent employees by following the above said procedure. The Petitioner was
not recruited by the Bank as employee. It is further submitted that the Bank is not maintaining any seniority list at
District level and the seniority list maintained by the Bank is at the zonal level and includes only permanent
employees. There was no attendance register maintained for the petitioner. The bank maintains attendance register
only for its permanent employees. It is important to note that there is no compulsory requirement for the service of
the Petitioner. The Petitioner also was not duty bound to report regularly for work. The Petitioner had voluntarily
entered in to the coolie work and his qualification was not required by the Bank. It is submitted that as defined under
Sec. 2 (K) of the Industrial Disputes Act, 1947 the Petitioner's claim cannot hold good. It is submitted that there is no
monthly salary paid to the Petitioner by the Bank. It is submitted that the Petitioner was not a permanent employee of
the Bank and there was no termination of service by the Bank as alleged by the Petitioner in his statement. Actually, it
is the other way that the Petitioner voluntarily did not turn for the coolie work from 31-03-2009. It is submitted that
the Petitioner voluntarily stopped his coolie work from 31-03-2009. After six years now the Petitioner has raised this
present Industrial Dispute which nothing but a vexatious one. The allegation that the Bank orally informed the
Petitioner that there is an order from the higher ups stating that the Petitioner need not come for job from 31-03-2009
is incorrect, false and are not admitted. It is submitted that the refusal of employment to the Petitioner is against Sec.
25(b) of the industrial Disputes Act, 1947 is incorrect. Therefore, the Petitioner is not entitled to any relief as
claimed.
Witnesses Examined:
For the First Party Petitioner :
WW1 Shri S.Peter
For the 2nd Party/Management :
MW1 Shri Kartik Kumar Sah,
Branch Manager
Documents Marked:
On the Petitioner‘s side:
Ex.No.
Date
Description
Ex.W1
01.02.2008
Certificate issued by Bethel Church to the Petitioner
Ex.W2
11.09.2008
Letter given by Respondent to sub-treasury officer, Gudalur
Ex.W3
16.12.2008
Conduct certificate given by Respondent bank to the
Petitioner
Ex.W4
03.10.2013
Letter sent by Petitioner to Public Information Officer of
respondent bank
Ex.W5
01.06.2009
Representation of the Petitioner to the Manager of 2nd
Party/Management
4022 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Ex.W6
22.05.2009
Reply received from Information Officer
Ex.W7
25.09.2015
Petition filed by Petitioner u/s.2A in R.C. No.7/22/2015
Ex.W8
09.08.2016
Counter statement filed by Respondent Bank
Ex.W9
06.03.2017
Order of conciliation officer, Chennai.
Ex.W1
0
Identity card issued by Respondent to the Petitioner
Ex.W1
1
16.12.2016
Birth certificate of the Petitioner
Ex.W1
2
Aadhaar card of the Petitioner
Documents Marked:
On behalf of Respondent/Management :
Ex.No.
Date
Description
Ex.M1
02.03.2016
Payment voucher
Ex.M2
30.07.2006
Payment voucher
Ex.M3
05.04.2006
Payment voucher
Ex.M4
Copy of proforma invoice signed by Petitioner
4.
Heard both the parties and perused the records. The point that arises for determination is whether the
Petitioner is entitled for any relief?
5.
The Petitioner has adduced oral evidence as WW1 and he was cross examined by the Respondent and
documents filed on behalf of the Petitioner were marked as Ex.W1 to W12. Ex.W1 is the certificate issued to the
Petitioner by the Bethel Church mentioning his name as S.Peter. Ex.W2 is the copy of letter given by Respondent
bank to Sub-Treasury Officer, Gudalur requesting to issue stamps worth of Rs.5,000/- through the Petitioner.
Ex.W3 is copy of certificate issued by Branch Manager of the Respondent Bank dated 16.12.2008 certifying that
Petitioner had worked as sub-staff of Gudalur branch from 01.11.2002 purely on temporary basis on daily wage
basis, which was issued to apply for an employment in abroad. Ex.W4 is copy of letter of the Petitioner addressed to
Public Information Officer of the Respondent bank. Ex.W5 is the copy of representation made by the Petitioner to the
General Manager of the Respondent bank regarding his removal from service. Ex.W6 is reply given by Public
Information Officer to the Petitioner. Ex.W7 is 2A petition filed by the Petitioner. Ex.W8 is the reply filed by
Respondent before conciliation officer. Ex.W9 is the reference made by Ministry of Labour. Ex.W10 is the copy of
Identity Card issued by Respondent Bank to the Petitioner as sub-staff. On behalf of the Respondent Bank proof of
affidavit is filed by Mr.Kartik Kumar Sah, Branch Manager and adduced oral evidence as MW1 and four documents
were marked as Ex.M1 to Ex.M4. Ex.M1 to M3 are copies of payment vouchers issued to Petitioner. Ex.M4 is the
copy of document showing that he Petitioner is gainfully employed in Sree Saradhambal Automobile Ltd.
Coimbatore.
6.
The first question that arises to decide the reference is whether the Petitioner has worked for more than 240
days continuously as workman with the Respondent/bank. As per definition of continuous service provided under
section 25B of the Industrial Disputes Act, 1947, if a workman has worked continuously for at least 240 days
during the 12 calendar months preceding relating to the date e.g. terminated date from the work. The Petitioner in
the claim statement as well as oral evidence stated that he was working as a daily wager and he was paid with daily
rate wages. He further stated that no service book was maintained for his job. On perusal of Ex.W3, which is a
certificate issued by the Branch Manager of the Respondent bank to the Petitioner stating that Mr.Peter is working as
sub-staff of the Gudalur branch since 01.11.2002 purely on temporary basis and he has been paid daily wages. This
certificate itself suggests that Petitioner had worked as daily wager and received wages for performance of his work
every day. This certificate was issued for his good character also. Ex.W4 is copy of letter sent by Petitioner seeking
information under RTI Act from the Respondent bank. It is not a proof of document for his service. Ex.W5 is copy
of representation made by Petitioner to General Manager of Respondent bank against termination. Ex.W6 is copy of
reply given by Respondent Bank to the Petitioner under RTI Act. Ex.W7 & W8 are relating to labour dispute raised
by Petitioner and counter filed by Respondent u/s.2A of the Act. Ex.W10 is copy of identity card issued by
Respondent bank. On this document, designation of the employee is mentioned as sub-staff. On behalf of
Respondent, four documents Ex.M1 to M4 were marked. Ex.M1 to Ex.M3 are copy of payment vouchers. Ex.M4 is
copy of proforma invoice signed by the Petitioner.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4023
7.
The Petitioner in the claim statement stated that he was employed by the Respondent bank continuously
from 01.11.2002 to 31.03.2009 and was paid Rs.150/- per day through vouchers. This statement itself suggests that
Petitioner was working on daily wage basis. But, the Petitioner failed to furnish any documentary evidence in support
of his claim namely attendance register, wage register etc. The Respondent bank stated that no such documents are
available with the respondent because the Petitioner was working as coolie on daily wage basis. Although under the
law, nature of duties determine whether the person is a workman or not. It is not important that in what manner he
has been provided remuneration/wage, it may be daily, monthly or on contractual basis etc. Based on the above
discussion, it may be concluded that the Petitioner has worked for more than 240 days continuously on the basis of
daily wage.
8.
The second issue that arises for consideration is whether the Petitioner is entitled for reinstatement into
service?
9.
The fact is established that Petitioner has worked for more than 240 days on daily wage basis. Therefore,
he was entitled to get benefit under the provisions of section 25F of the Act, because the Respondent although stated
that Petitioner himself stopped from coming to work and therefore, there was no need to give one month notice or
one month pay in lieu of notice. But, the Petitioner in his affidavit clearly stated that he was stopped by oral order of
the Respondent not to attend the work. This statement may be considered as reliable in absence of any such person‘s
evidence, who was employed in the bank branch at the time of stoppage of the Petitioner from service.
10.
The compensation may be on the following grounds:-
a)
Worked as daily wager?
In the present case, Petitioner worked as daily wager.
b)
Long delay in raising the dispute?
This fact is established that Petitioner has committed delay in raising the dispute. As per his statement, he worked
up to 31.03.2009, but raised the industrial dispute in the year 2015 before the labour authorities.
11.
As per discussion above, it is appropriate to direct the Respondent No.1 to pay one month salary to the
Petitioner and 15 days average wages to the every completed year of continuous service along with Rs.1,00,000/- in
cash as lump sum compensation within a period of three months.
AWARD
The reference is allowed on the following terms:
a)
The Respondent is directed to pay the Petitioner one month salary within a period of three months;
b)
The Respondent bank is directed to pay 15 days average wages for every completed year of continuous
service within a period of three months; &
c)
The Respondent bank is directed to pay Rs.1,00,000/- as lump sum compensation within a period of three
months.
12.
In case, the above directions are not complied within the stipulated period, the Petitioner will be entitled to
get interest @ 6% per annum from 31.03.2009 till the date of payment. Ordered accordingly.
Record be consigned to the record room.
SUSHIL KUMAR-II, Presiding Officer
Date : 02-02-2026
Place: CHENNAI
नई ददल्ली, 23 अप्रैल, 2026
का.आ. 752.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ऑफ बड़़ौदा ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky; psUubZ ds iapkV (5,6,7,8,&9//2020) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी- II)-38]
सलोनी, उृ जनदेिक
4024 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
New Delhi, the 23rd April, 2026
S.O. 752.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 5,6,7,8,&9//2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Chennai as shown in the Annexure, in the industrial dispute between the management of Bank of Baroda and
their workmen.
[No. L-39025/01/2026- IR(B-II)-38]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL- CUM - LABOUR COURT, CHENNAI
Date: 26-02-2026
Present: SUSHIL KUMAR-II,
PRESIDING OFFICER
INDUSTRIAL DISPUTE. Nos.5, 6 ,7,8 & 9/2020
S.No. I.D.No.
1st Party/Petitioner
2nd Party/ Management
1.
5/2020
Shri N.Karthikeyan
S/o. L.Nagarajan,
37/16-D,Chenniyampalayampudhur,
Kanjikovil Post,
Perunthurai Taluk
Erode-638 116.
1. The Deputy General Manager,
Bank of Baroda, Regional Office,
82, Bank Road, 3rd floor,
Coimbatore-641 018.
.
.
2. The General Manager,
Zonal Office, Mylapore,
Chennai-600004
2.
6/2020
Smt. D.Poovathal,
W/o. late Duraisamy,
198, Puliampatti Road,
Periyar Nagar,
Nambiyur, Erode-638 458.
1. The Deputy General Manager,
Bank of Baroda, Regional Office,
82, Bank Road, 3rd floor,
Coimbatore-641 018.
.
.
2. The General Manager,
Zonal Office, Mylapore,
Chennai-600004
3.
7/2020
Shri C.Moorthi,
S/o.Chinnan,
#2/77, Vavikkadai Vel Nagar,
Tiruvachi,Pichadampalayam,
Perundurai,
Erode-638 052..
1. The Deputy General Manager,
Bank of Baroda, Regional Office,
82, Bank Road, 3rd floor,
Coimbatore-641 018.
.
.
2. The General Manager,
Zonal Office, Mylapore,
Chennai-600004
4.
8/2020
Smt. R.Lakshmi,
W/o. late R.Ravikumar,
36, Lakshmipuram,
Rayapalayampudur,
Chitode, Erode-638 116.
1. The Deputy General Manager,
Bank of Baroda, Regional Office,
82, Bank Road, 3rd floor,
Coimbatore-641 018.
.
.
2. The General Manager,
Zonal Office, Mylapore,
Chennai-600004
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4025
5
9/2020
Shri M.Ramakrishnan
S/ o. Marimuthu,
#51, Dr.Ambedkar Nagar,
Chithode Post,
Erode-638 102..
1. The Deputy General Manager,
Bank of Baroda, Regional Office,
82, Bank Road, 3rd floor,
Coimbatore-641 018.
.
.
2. The General Manager,
Zonal Office, Mylapore,
Chennai-600004
Appearance:
For the 1st Party/ Petitioner
:
M/s.S.P.Srinivasan, Advocates
For the 2nd Party/ Respondents
:
M/s. T.S.Gopalan, Advocates
The facts in all these five Industrial Disputes are similar and the legal issues raised by the Petitioners are same and
the cases arise against the same Respondent for the same relief. Therefore, a common order is being passed in all
these ID cases. I take up the I.D. No.5/2020 as lead case, filed by the Petitioner for disposal of these five appeals and
finding being rendered in this order will equally apply to all the other appeals filed by the other Petitioners.
The Central Government, Ministry of Labour & Employment, O.o. Deputy Chief Labour Commissioner
(Central), Chennai vide its separate orders No.M.7/5/2019-A1, M.7/6/2019-A1, M.7/ 8/2019-A1, M.7/9/2019-A1,
M.7/7/2019-A1 all dated 19-12-2019 referred the following Industrial Disputes to this Tribunal for adjudication:-
2. The schedule mentioned in that order is:
―Whether the action of the management of Bank of Baroda in terminating the services of Shri
N.Karthikeyan / Smt.Poovathal / C.Moorthi / R.Lakshmi / M.Ramakrishnan, after being engaged for a
considerable period, is legal and justified? If not, to what relief the workman/workwoman are entitled
to?”
3.
Brief facts are the case are as under:-
ID No. 5/2020 : Shri N.Karthikeyan:
It is the claim of the Petitioner that he joined the service of the 1 Respondent on 13.12.2012 as Sub-Staff at the newly
opened Chennimalai Branch. The petitioner discharged the duties of sub staff and also performed the duty of
cleaning, maintenance, and the work of sub-staff like stitching voucher, preparation of loan documents, attending cash
remittance, etc. The Petitioner worked in the Chennimalai Branch from 13.12.2012 to October 18.12.2014. The
Petitioner was also issued bonus certificate for the year 2013 to 2014. He was the only sub-staff to have worked from
the date of opening of the branch at Chennimalai, Perunthurai Taluk till 18.12.2014. The petitioner has completed
240 days in a year and 480 days in two years. The post in which he worked as a permanent post of Sub-Staff. All of a
sudden, without any rhyme or reason he was orally terminated on 18.12.2014 and he was asked not to report for duty
from 19.12.2014. Further, the Petitioner filed Writ Petition No.39804 of 2015, and the Hon‘ble Court vide its order
dated 20.07.2017, granted the petitioners liberty to approach the competent authorities for relief. In fact, the persons
who were similarly placed like that of petitioner were confirmed in service by way of settlement and there were also
instances of individuals been regularized and absorbed in service even after 2008 settlement. Hence, settlement
entered into on 2008 alone was not the last date of regularization. But, temporary/casual employees were regularized
even after 2008.
ID No. 6/2020 : Smt.D.Poovathal:
It is the claim of the Petitioner that she joined the service of the 1 Respondent during November, 1996 as Sweeper
cum Sub-Staff at the Nambiyur Branch. The petitioner discharged the duties of sub staff and also performed the duty
of cleaning, maintenance, and the work of sub-staff like stitching voucher, preparation of loan documents etc. The
Petitioner was transferred to Gobichettipalayam branch in the 2011 and in the year 2012, she was again transferred
to Nambiyur branch. The petitioner has completed 240 days in a year and worked continuously for more than 9
years. The post in which she worked as a permanent post of Sub-Staff. All of a sudden, without any rhyme or reason
she was orally terminated on 18.12.2014 and she was asked not to report for duty from 19.12.2014. Further, the
Petitioner filed Writ Petition No.39279 of 2015, and the Hon‘ble Court vide its order dated 20.07.2017, granted the
petitioners liberty to approach the competent authorities for relief. In fact, the persons who were similarly placed like
that of petitioner were confirmed in service by way of settlement and there were also instances of individuals been
regularized and absorbed in service even after 2008 settlement. Hence, settlement entered into on 2008 alone was not
the last date of regularization. But, temporary/casual employees were regularized even after 2008.
4026 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
ID No. 7/2020 : Shri C.Moorthi:
It is the claim of the Petitioner that he joined the service of the 1 Respondent on 03.08.2002 as Sub-Staff at
Perundurai Branch. The petitioner discharged the duties of sub staff and also performed the duty of cleaning,
maintenance, and the work of sub-staff like stitching voucher, preparation of loan documents, attending cash
remittance, etc. On his transfer, the Petitioner worked in the Erode Branch from 01.04.2009 to 18.12.2014. The
Petitioner was also issued bonus certificate for the year 2013 to 2014. The petitioner has completed 240 days in a
year and 480 days in two years. The post in which he worked as a permanent post of Sub-Staff. All of a sudden,
without any rhyme or reason he was orally terminated on 18.12.2014 and he was asked not to report for duty from
19.12.2014. Further, the Petitioner filed Writ Petition No.38443 of 2015, and the Hon‘ble Court vide its order dated
20.07.2017, granted the petitioners liberty to approach the competent authorities for relief. In fact, the persons who
were similarly placed like that of petitioner were confirmed in service by way of settlement and there were also
instances of individuals been regularized and absorbed in service even after 2008 settlement. Hence, settlement
entered into on 2008 alone was not the last date of regularization. But, temporary/casual employees were regularized
even after 2008.
ID No. 8/2020 : Smt. R.Lakshmi:
It is the claim of the Petitioner that she joined the service of the 1 Respondent/Bank on 17.11.2007 as Sweeper
cum Sub-Staff. The petitioner discharged the duties of sub staff and also performed the duty of cleaning, maintenance,
and the work of sub-staff like stitching voucher, preparation of loan documents etc. The petitioner has completed
240 days in a year and worked continuously for more than 9 years. The post in which she worked as a permanent post
of Sub-Staff. All of a sudden, without any rhyme or reason she was orally terminated on 18.12.2014 and she was
asked not to report for duty from 19.12.2014. Further, the Petitioner filed Writ Petition No.38443 of 2015, and the
Hon‘ble Court vide its order dated 20.07.2017, granted the petitioners liberty to approach the competent authorities
for relief. In fact, the persons who were similarly placed like that of petitioner were confirmed in service by way of
settlement and there were also instances of individuals been regularized and absorbed in service even after 2008
settlement. Hence, settlement entered into on 2008 alone was not the last date of regularization. But, temporary/casual
employees were regularized even after 2008.
ID No. 9/2020 : Shri M.Ramakrishnan:
It is the claim of the Petitioner that he joined the service of the 1 Respondent on 28.02.1994 as peon at Erode Branch
upto 02.06.1994. The petitioner discharged the duties of sub staff and also performed the duty of cleaning,
maintenance, and the work of sub-staff like stitching voucher, preparation of loan documents, attending cash
remittance, etc. On his transfer, the Thiondal Branch Petitioner worked from 27.05.1995 to 14.12.1996. Thereafter, he
worked in Perundurai Branch from 16.12.1996 to 10.10.1999. Again he worked from 08.07.2010 to 18.12.2014 in
Erode Branch as sub-staff. The Petitioner was also issued bonus certificate for the year 2013 to 2014. The petitioner
has completed 240 days in a year and 480 days in two years. The post in which he worked as a permanent post of
Sub-Staff. All of a sudden, without any rhyme or reason he was orally terminated on 18.12.2014 and he was asked
not to report for duty from 19.12.2014. Further, the Petitioner filed Writ Petition No.38444 of 2015, and the Hon‘ble
Court vide its order dated 20.07.2017, granted the petitioners liberty to approach the competent authorities for relief.
In fact, the persons who were similarly placed like that of petitioner were confirmed in service by way of settlement
and there were also instances of individuals been regularized and absorbed in service even after 2008 settlement.
Hence, settlement entered into on 2008 alone was not the last date of regularization. But, temporary/casual employees
were regularized even after 2008.
4.
In the common counter statement, it is submitted that earlier the petitioners had raised an Industrial Dispute
in ID No.41, 42,43,44 & 45 of 2018 and the same were withdrawn being not maintainable on the ground that
Petitioners in the individual capacity cannot be a party to the dispute u/s.2(k) of the Act. Therefore, on the issue of
limitation, at the first instance, the maintainability of this ID is taken up. The order of reference in the present case
would not give any right to the Petitioner to seek an adjudication on merits. Therefore, the Respondent challenges
order of reference for adjudication on the ground that cessation of engagement was barred by limitation. In the event
of preliminary objection being held against the respondent, it reserves the right to file addition counter affidavit on
merits of the case.
Witnesses Examined:
For the First Party Petitioner :
WW1 Petitioner concerned
For the 2nd Party/Management :
Nil
Documents Marked:
On the Petitioner‘s side:
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4027
Ex.No.
Date
Description
Ex.W1
2012 to 2014
Status of bonus paid to Petitioner for 2012-13 to 2013-14
Ex.W2
2012-13
to
2013-14
Wages paid as sundry charges by bank account in favour of
Petitioner during April, 2013 to March, 2014.
Ex.W3
28.03.2018
Certificate issued by Conciliation Officer
Ex.W4
13.08.2019
Petition filed by Petitioner before RLC Madurai
Ex.W5
03.09.2019
Memo filed by Petitioner before CGIT
Ex.W6
23.09.2019
CGIT Award in ID 42/2018
Ex.W7
01.11.2019
e-mail communication received from RLC office
Ex.W8
12.11.2019
Counter filed by Respondent before RLC Madurai
Ex.W9
29.11.2019
Failure report submitted by RLC Madurai
Ex.W10
19.12.2019
Reference issued by Deputy CLC, Chennai
Documents Marked:
On behalf of Respondent/Management : Nil
5.
Heard both the parties and perused the records. The points that arise for determination are -
(i) Whether the action of the respondent /bank in terminating the services of the Petitioners after being engaged for a
considerable period is legally justified?
ii) Whether the claim petitions filed by the Petitioners are maintainable or not?
(iii) Whether the Petitioners are entitled for any relief?
6.
The Petitioner has adduced oral evidence as WW1 and he was cross examined by the Respondent and
documents filed on behalf of the Petitioner were marked as Ex.W1 to W10. Ex.W1 is the copy of voucher showing
bonus paid to the Petitioner for 2012-13 and 2013-14. Ex.W2 is copy of ledger report of the respondent bank
account showing sundry charges paid during April, 2013 to March, 2014 for cleaning.
6.
First of all, it is worth to mention here that as per facts of the claim petitions and evidences submitted by the
Petitioners and reply filed by the Respondent/bank, the fact is established that the Petitioners had worked with the
Respondent/bank branches for more than 240 days continuously in one year and served from 7 to 14 years, except
Mr. N.Karthikeyan in ID No.5/2020, who has completed two years service. All the Petitioners in their oral evidence
in Chief and cross examination established the fact that they had worked continuously for more than 240 days.
The relevant oral evidence in Chief/ cross examination of the Petitioner runs as under:-
Shri N.Karthikeyan : ID No.5/2020 in his proof of affidavit/cross-examination stated as under:-
“I joined the services of the 1st Respondent on 13.12.2012 as sub-staff at newly opened Chennimalai branch and
worked there upto 18.12.2014 and his name has been recorded against sub-staff category during zonal audit in the
year 2013-14.”
Smt.D.Poovathal : ID No.6/2020 in her proof of affidavit stated as under:-
“I joined the service of Respondent/bank branch at Nambiyur as sweeper cum sub-staff during November, 1996 till
18.12.2014.”.
Shri C.Moorthi : ID No.7/2020 in his proof of affidavit stated as under:-
“I joined the service of the Respondent /bank branch at Perundurai on 03.08.2002 and worked till 18.12.2014 as
sub-staff.”
Smt.R.Lakshmi : ID No.8/2020 in her proof of affidavit/cross examination stated as under:-
―I joined the service of the Respondent /bank branch at Suriyampalayam on 17.11.2007 and worked continuously till
18.12.2014 as sub-staff.”
Shri M.Ramakrishnan: ID No.9/2020 in his proof of affidavit stated as under:-
4028 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
―I joined the service of the Respondent /bank branch at Erode on 28.02.1994 to 02.06.1994 as Peon and he was
again offered job from 27.05.1995 to 14.12.1996 in Thindal Branch and worked from 16.12.1996 to 10.10.1999 in
Perundurai branch and also from 08.07.2010 till 18.12.2014 in Erode branch as sub-staff.”
7.
In reply, the Respondent/Bank argued on the point that individual claim petitions filed by the Petitioners
under the Industrial Disputes Act, 1947 are not maintainable. The learned counsel appearing on behalf of the
Respondent relied on a case law in support of his contention in (1957) I LLJ 27, and it was held that the dispute
between the employer and single employee cannot be per se be an industrial dispute, but it may become the one if it is
taken up by number of workmen. This judgement was delivered in the year 1957.
8.
Section 2A of the Industrial Disputes Act, 1947 was inserted in the year 1965 and came into force w.e.f.
01.12.1965. On perusal of the inserted section, following ingredients appear to exist:-
i)
An individual workman if his service is discharged, dismissed or retrenched or otherwise terminated may
raise an industrial dispute.
ii)
An individual workman may raise industrial dispute regarding any dispute or difference between that
workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination.
iii)
9.
In the newly inserted section, the individual employee is also entitled to raise industrial dispute. Therefore,
it cannot be said that present Petitioners are not entitled to raise industrial dispute in their personal capacity.
10.
Now, I have to decide what relief the Petitioners are entitled to?
As per provisions of section 25F of the Industrial Disputes Act, 1947, when the workman who has completed
continuous service not less than 240 days, the workman has to be given one month 's notice in writing indicating the
reasons for retrenchment, the wages for the period of the notice and he has to be paid retrenchment, compensation.
The Petitioners have worked with the Respondent/Bank for more than 240 days continuously in a calendar year, if
yes, the protection u/s.25F of the Act is available to the workmen.
11.
Section 25F of the Act provides the following conditions before retrenchment of workmen:-
a)
One month‘s notice (wages in lieu of notice)
b)
Retrenchment compensation is paid (15 days wages of every completed year of service); &
c)
Notice in the prescribed manner is served on the appropriate Government.
12.
None of these conditions were followed by the Respondent Bank. Resultantly, the retrenchment becomes
illegal. Since, the Respondent /Bank has violated the provisions of section 25F of the Act, the workman is entitled
for the following or more relief:-
a)
Reinstatement with back wages;
b)
Reinstatement without back wages; &
c)
Lump sum compensation instead of compensation.
13.
All the Petitioners in the above disputes have worked with the Respondent/Bank for more than five years
except one Mr. N.Karthikeyan in ID No.5/2020, who worked for two years. As per provisions of the Industrial
Disputes Act, 1947, the workmen who has completed 240 days, is entitled for protection u/s.25F of the Act and the
retrenchment was in violation of the provisions of the Act, the termination becomes illegal and resultantly, the
Petitioners are entitled for reinstatement in service.
14.
The learned counsel appearing on behalf of the Respondent submitted that compensation is the appropriate
relief which may be awarded in favour of the Petitioners. He relied on the judgement of Hon'ble Supreme Court in the
case of Mr.Ranbir Singh Vs. Life Insurance Corporation of India & Another (2023) 17 SCC 196, whereby the
Hon'ble Supreme Court held that Respondent cannot be directed to carry out mass absorption of eleven thousand
workers on flawed premises without following recruitment process, consistent with the principles of equality of
opportunity governed by Article 14 & 16 of Constitution of India. The Hon‘ble Court by exercising jurisdiction under
Article 142 of the Constitution directed to fresh verification of claims of workmen and to pay compensation in lieu of
reinstatement. He submits that the facts involved in the present case are identical to that of the case law cited above.
It is also worth to mention here that the Hon'ble Supreme Court had invoked extraordinary power under Article 142
of the Constitution of India.
15.
The learned counsel appearing on behalf of the Respondent relied on another judgement delivered by the
Hon'ble Supreme Court in the case of Jagbir Singh Vs. Haryana State Agriculture Marketing Board & Another
(2009) 15 SCC 327. In that case, the Appellant was engaged by Respondent No.1 as a daily wager on 01.09.1995
and he was paid consolidated monthly wages of Rs.1,498/-. He worked with the Respondent upto 18.07.1996. The
Hon'ble Supreme Court delivered the finding in para 13 of the order, which runs as under:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4029
“13. In this view of the matter, we are of the opinion that as the appellant had worked only for a short period, the
interest of justice will be subserved if the High Court's judgment is modified by directing payment of a sum of Rs
50,000 (Rupees fifty thousand only) by way of damages to the appellant by the respondent. Such payment should be
made within eight weeks from this date, failing which the same will h carry interest at the rate of 9% per annum."
16.
In the above cited case, the Hon'ble Supreme Court held that since the workmen had worked only for a
short period, therefore, interest of justice will be sub-served, if payment of compensation of Rs.50,000/- by way of
damages to the Appellant by the Respondent is made.
17. In the present case in hand, except one Petitioner Shri N.Karthikeyan in ID No.5/2020, remaining four
Petitioners had worked more than five years continuously with the Respondent /bank. But, considering equal
protection in the eye of law to all the five Petitioners, it is appropriate to pass an order of reinstatement into service
of the Respondent/bank.
18.
Now, I have to consider as to whether Petitioners are entitled for back wages? It is a settled law that back
wages are not applied automatically upon setting aside termination. It depends upon surrounding facts and
circumstances which may be described as under:-
i)
Length of service
ii)
Nature of conduct: &
iii)
Gainful employment
It is the primary duty to ascertain whether the Petitioners were gainfully employed after termination. But, there is
material on record to show/prove that Petitioners were gainfully employed after termination. Since the Respondent /
Bank acted arbitrarily by not giving any notice before retrenchment of workmen and failed to comply with the
provisions of section 25F of the Industrial Disputes Act, 1947, in the present case, it is appropriate to award 50% of
back wages to workmen/workwoman in the ID Nos.6 to 9/2020 and 25% of back wages to Mr.N.Karthikeyan in ID
No. 5/2020 along with order of reinstatement into service of Respondent/bank.
AWARD
19. The claim petition filed by the Petitioners are allowed. The Petitioners are entitled to the following relief:-
i)
Reinstatement of Petitioners into service within two months from the date of receipt of this Award;
ii)
To grant 50% back wages to workmen in ID Nos.6 to 9/2020 and 25% of back wages to Shri N.Karthikeyan
in ID No.5/2020.
iii)
To pay back wages to the Petitioners from the date of termination till the date of reinstatement.
The references are answered accordingly.
Record be consigned to the record room.
SUSHIL KUMAR-II, Presiding Officer
Date: 26-02-2026
Place: Chennai
नई ददल्ली, 24 अप्रैल, 2026
का.आ. 753.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
bafM;u vksojlht cSad ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ-1, ds iapkV 32/2023) izdkf”kr djrh gSA
[सं. एल-12011/20/2023- आई आर (बी- II)]
सलोनी, उृ जनदेिक
New Delhi, the 24th April, 2026
S.O. 753.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 32/2023) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Mumbai
-1 as shown in the Annexure, in the industrial dispute between the management of Indian Overseas Bank and their
workmen.
[No. L-12011/20/2023- IR(B-II)]
SALONI, Dy. Director
4030 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, MUMBAI
Present
JUSTICE ARVIND KUMAR MISHRA
Presiding Officer
REFERENCE NO.CGIT - 32 of 2023
Parties: Employers in relation to the management of
Indian Overseas Bank
V/s.
United Forum of We Bankers
Appearances:
For the first party Management
: Mr. S.V. Alva (Adv.)
For the second party workmen
: Absent
Mumbai, dated the 05th day of February, 2026.
AWARD
The present reference has been made by the Central Government by its order No. L-12011/20/2023-IR(B-
II) dated 04/05/2023 passed in exercise of the powers conferred by clause (d) of section (1) read with 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 demand raised by United Forum of We Banker vide letter dated 18.12.2021 against to the
management of Indian Overseas bank in respect of Shri Akshay Bharat Kawade in (a) issuing penalty of
“censure” without holding enquiry (b) causing workman loss of pay from 17.06.2020 to 10.07.2020 (c) not
giving transfer from Ranjangaon to the nearest place from his home town is legal, proper and justifies? If
yes, what reliefs are the Shri Akshay Bharat Kawade / union are entitled to and what other directions, if any,
are necessary in this matter ?”
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.”
Mr. S.V. Alva, Learned Counsel for the Management, appeared and he prayed that the matter be dismissed for want
of prosecution.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4031
Since no statement of claim has been filed by the union in support of his case, the claim is liable to be dismissed.
For the foregoing reasons, the case is dismissed and the union is not entitled for any relief.
Accordingly, the reference stands answered in terms aforesaid.
Award as above.
Justice ARVIND KUMAR MISHRA, Presiding Officer
नई ददल्ली, 24 अप्रैल, 2026
का.आ. 754.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
मेससड इम्ृेजस कागो करे ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ-1, ds iapkV (40/2007) izdkf”kr djrh gSA
[सं. एल-31012/2/2006- आई आर (बी-II)]
सलोनी, उृ जनदेिक
New Delhi, the 24th April, 2026
S.O. 754.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.40/2007) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -1 as shown in the Annexure, in the industrial dispute between the management of M/s Impex Kargo Kare
and their workmen.
[No. L-31012/2/2006- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, MUMBAI
Present
JUSTICE ARVIND KUMAR MISHRA
Presiding Officer
REFERENCE NO.CGIT - 40 of 2007
Parties: Employers in relation to the management of
M/s Impex Kargo Kare
V/s.
Shri Divakar Y. Solgaonkar
Appearances:
For the first party Management
: Absent
For the second party workmen
: Absent
Mumbai, dated the 05th day of February, 2026.
AWARD
The present reference has been made by the Central Government by its order No. L-31012/2/2006-IR(B-II)
dated 17/08/2007 passed in exercise of the powers conferred by clause (d) of section (1) read with 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 Impex Kargo Kare, Clearing & Forwarding Agents Mumbai
by terminating the services of Shri Divakar Y. Solgaonkar w.e.f. 04.04.2006 is justified? If not, what relief
the workman, is entitled to?”
In view of the above said facts the claimant/workman has not field 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:
4032 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [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.”
Since claimant/workman has not field evidence in support of his case on affidavit, in spite of several opportunities
given to him, the claim is liable to be dismissed.
For the foregoing reasons, the case is dismissed and the workman / union is not entitled for any relief.
Accordingly, the reference stands answered in terms aforesaid.
Award as above.
Justice ARVIND KUMAR MISHRA, Presiding Officer
नई ददल्ली, 24 अप्रैल, 2026
का.आ. 755.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
dsujk cSad ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh; ljdkj
vf/kdj.k@Je U;k;ky; eqEcbZ- 1, ds iapkV (38/2025) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी-II)-39]
सलोनी, उृ जनदेिक
New Delhi, the 24th April, 2026
S.O. 755.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 38/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -1 as shown in the Annexure, in the industrial dispute between the management of Canara Bank and their
workmen.
[No. L-39025/01/2026- IR(B-II)-39]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4033
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, MUMBAI
Present
JUSTICE ARVIND KUMAR MISHRA
Presiding Officer
REFERENCE NO.CGIT - 38 of 2025
Parties: Employers in relation to the management of
M/s. Canra Bank
V/s.
Their Workmen()
Appearances:
For the first party Management
: Mr. Arvind Tapole(Adv.)
For the second party workmen
: Absent
Mumbai, dated the 03rd day of February, 2026.
AWARD
The present reference has been made by the Central Government by its order No.B-7(27)/2022-B.I dated
30/09/2025 passed in exercise of the powers conferred by clause (d) of section (1) read with 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 removal of eleven daily wage workers by the management of Canara Bank is legal
and justified, If not, what relief the Union is entitled to?”
In view of the above said facts the claimant/workman has filed an application for disposal of matter as withdrawn It is
well settled that an industrial dispute, though referred for adjudication, can be permitted to be withdrawn at the
instance of the workmen/union, provided such withdrawal is voluntary and unconditional.
Courts have consistently held that where the workman or union does not wish to pursue the reference, the Tribunal
cannot compel adjudication on merits and the proper course is to dispose of the reference as withdrawn, without
examining the legality or justification of the employer‘s action.
In such circumstances:
The Tribunal does not adjudicate the merits of the dispute, and
No relief can be granted, as the claimant has chosen not to press the claim.
The reference is disposed of as withdrawn at the instance of the claimant union/workmen.
No adjudication is made on the merits of the dispute.
The union/workmen are not entitled to any relief.
No order as to costs.
Justice ARVIND KUMAR MISHRA, Presiding Officer
नई ददल्ली, 27 अप्रैल, 2026
का.आ. 756.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
मुंबई ृोटड रस्ट्ट ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ-1, ds iapkV (3/2011) izdkf”kr djrh gSA
[सं. एल-31011/08/2010- आई आर (बी-II)]
सलोनी, उृ जनदेिक
4034 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
New Delhi, the 27th April, 2026
S.O. 756.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 3/2011) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -1 as shown in the Annexure, in the industrial dispute between the management of Mumbai Port Trust and
their workmen.
[No. L-31011/08/2010- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, MUMBAI
Present
JUSTICE ARVIND KUMAR MISHRA
Presiding Officer
REFERENCE NO.CGIT - 3 of 2011
Parties: Employers in relation to the management of
1. Master Marine Services Pvt. Ltd,
2. M/s. Meher Container Terminals Pvt. Ltd,
3. M/s. NYK Master Auto Logistic Ltd,
4. M/s. Prudential Shipping Agencies Pvt. Ltd,
V/s.
Their Workmen(Mumbai Port Trust Dock & General Employees Union)
Appearances:
For the first party Management No. 1,2,3,&4: Absent
For the second party workmen
: Absent
Mumbai, dated the 05th day of February, 2026.
AWARD
The present reference has been made by the Central Government by its order No. L-31011/08/2010(IR(B-
II) dated 25/02/2011 passed in exercise of the powers conferred by clause (d) of section (1) read with 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. Meher Container Terminal Pvt. Ltd, Mumbai and their
group of Companies in terminating the services of Shri Rajhans R. Singh and ten other workmen (as per
Ex.1) is legal, just and proper? What Relief the workmen concerned are entitled to?”
In view of the above said facts the claimant/workman has not filed evidence in support of his case on affidavit, in
spite of several opportunities 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.”
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4035
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.”
Since the claimant/workman has not filed evidence in support of his case on affidavit, in spite of several opportunities
given to him, the claim is liable to be dismissed.
For the foregoing reasons, the case is dismissed and the union is not entitled for any relief.
Accordingly, the reference stands answered in terms aforesaid.
Award as above.
Justice ARVIND KUMAR MISHRA, Presiding Officer
नई ददल्ली, 27 अप्रैल, 2026
का.आ. 757.— fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
मेससड इम्ृेजस कागो करे ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky; eqEcbZ-1, ds iapkV (39/2007) izdkf”kr djrh gSA
[सं. एल-31012/1/2026- आई आर (बी- II)]
सलोनी, उृ जनदेिक
New Delhi, the 27th April, 2026
S.O. 757.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 39/2007) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Mumbai -1 as shown in the Annexure, in the industrial dispute between the management of M/s Impex Kargo Kare
and their workmen.
[No. L-31012/1/2026- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, MUMBAI
Present
JUSTICE ARVIND KUMAR MISHRA
Presiding Officer
REFERENCE NO.CGIT - 39 of 2007
Parties: Employers in relation to the management of
M/s Impex Kargo Kare
V/s.
Their Workman(Shri Pramod Chipkar)
Appearances:
For the first party Management
: Absent
For the second party workmen
: Absent
Mumbai, dated the 06th day of February, 2026.
AWARD
The present reference has been made by the Central Government by its order No. L-31012/1/2006 dated
17.08.2007 passed in exercise of the powers conferred by clause(d) of sub-section(1) 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:
4036 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
“Whether the action of the management of M/s Impex Kargo Kare, Clearing & Forwarding Agents, Mumbai
by terminating the services of Shri Pramod Chipkar w.e.f. 04.04.2006 is justified? If not, what relief the
concerned workman is entitled to?”
In view of the above said facts the claimant/workman has not filed any evidence in support of his case on affidavit, in
spite of notice served to the workman and 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.”
Since no evidence has been filed by the workman in support of his case, the claim is liable to be dismissed.
For the foregoing reasons, the case is dismissed and the workman is not entitled for any relief.
Accordingly, the reference stands answered in terms aforesaid.
Award as above.
Justice ARVIND KUMAR MISHRA, Presiding Officer
नई ददल्ली, 28 अप्रैल, 2026
का.आ. 758.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ऑफ मिाराष्ट्र ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; ua 2
ds iapkV (a04/2020) izdkf”kr djrh gSA
[सं. एल-12025/01/2026- आई आर (बी-I)-82]
सलोनी, उृ जनदेिक
New Delhi, the 28th April, 2026
S.O. 758.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 04/2020) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.2
Ahmednagar as shown in the Annexure, in the industrial dispute between the management of Bank of Maharashtra
and their workmen.
[No. L-12025/01/2026- IR(B-I)-81]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4037
ANNEXURE
Filed on : 01/10/2020.
Registered on : 01/10/2020.
Decided on : 31/01/2026.
Duration : 05 Y 03 M 30 Ds.
IN THE SECOND LABOUR COURT AT AHMEDNAGAR.
(Before Dr. R.N. Gaikwad, Presiding Officer)
Reference (I.D.A.) No. 04 / 2020.
(CNR – MHLC-160002152020)
Reference (I.D.A.) No. 04 / 2020.
(CNR – MHLC-160002152020)
1. The Chairman & Managing
Director, Bank of Maharashtra,
Lokmangal, 1501, Shivajinagar,
Pune – 411005.
… First Party.
2.The Regional Manager,
Bank of Maharashtra,
Gurukul Building,
Nagar Lal Taki,
Ahmednagar.
VERSUS
Sudhir Padamnath Zine,
Age : 32 years, Occu. : Nil,
R/o. At Hingoni, Po. Kangoni,
Tq. Nevasa, Dist. Ahmednagar.
… Second Party.
APPEARANCE :-
Ld. Adv. for the First Party
Shri. S.T. Joshi
4038 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Ld. Advocate for the Second Party,
Shri. K.Y. Modgekar
AWARD
(Delivered on : 31st January 2026)
01.
The Deputy Chief Labour Commissioner (Central), Mumbai vide letter Exh.O-1 dated 25.02.2020, in
exercise of its powers conferred by Clause (d) of Sub-section (1) and sub-section 2-A of Section 10 the Industrial
Disputes Act, 1947 (hereinafter referred to as ‗the Act‘), referred this dispute for adjudication on the issue as per
Schedule i.e. ―Whether the action of the management of Bank of Maharashtra, in terminating the services of Shri.
Sudhir P. Zine, w.e.f. 18.02.2019 is legal and justified? If not, to what relief the concerned workman is entitled to?‖
02.
On receipt of the present reference, notice is issued to the second party. The second party appeared and filed
his statement of claim.
The case of the Second Party, in short is as under :-
The second party has filed statement of claim at Exh. U-3. It is submitted that, the first party is nationalized
bank. The first party having various branches all over the country. The first party having thousands of employees to
function the work of the bank. The first party appointed second party as a Sweeper in the month of September-2008
on daily-wages basis. It is further submitted by the second party that, the date of birth of the second party is
30/05/1988 and he belongs to Hindu-Maratha caste. His education is up to 10th Standard. He was initially appointment
at Sonai Branch, Tq. Newasa, Ahmednagar with the first party since September-2008. He worked as a permanent
daily- wager Sweeper / Peon. He was transferred to Jawala Branch in the year 2014. His entire service record is clean
and unblemished. It is submitted that, after appointment of the second party in the year 2010,2011 & 2012 the
respondent has recruited number of vacant posts of Peon and Sweeper as per Part Time Sweeper (Hereinafter referred
as ‗PTS‘). The second party was called for interview, but he was not appointed by the first party on the permanent
post. Thereafter, in the year 2017 also an advertisement for the post on PTS was published and the first party has
recruited the posts. But again the second party was not recruited on the said post. It is further submitted that, there are
13 posts vacant out of which 06 posts are for open category on which the second party was eligible for recruitment on
the said post.
03.
It is further submitted by the second party that, the first party has been made the recruitment of other
candidates on PTS viz., Vaishali Pathare, Avinash Shirsul, Prakash Kota, Datta Myana in Ahmednagar District without
following any legal procedure of recruitment and made them as permanent worker. It is submitted that, the candidates
who were juniors to the second party viz., Sanket Waghmare, Kishore Shahane, Devram Hile and more than 20 other
candidates are appointed on PTS by the first party.
04.
The second party has further submitted that, the second party has approached to the Labour Commissioner
for the benefit of permanency and he raised dispute before the Labour Commissioner. Therefore, the first party has
not allowed the second party to resume on his work. The first party has orally terminated the services of the second
party w.e.f. 18/20/2019. It is further submitted that, the second party has rendered continuous and unblemished
services with the first from September-2008 till his oral termination dated 18/02/2019. He has completed more than
240 days of continuous service with the first party in each year. Prior to his oral termination the first party has not
followed the due process of law and thereby violated the provisions of Sec.25-F, 25-G & 25-H of the Industrial
Disputes Act, 1947. It is submitted that, after said oral termination the second party has made requests to the first
party to allow him to work but in vain. The second party has tried to get the job elsewhere but he could not succeeded.
Thus, the second party has prayed to declare the oral termination dt.18/02/2019 as illegal and against the principles of
natural justice. The second party has further prayed for setting-aside the oral termination and for direction to reinstate
him in service with continuity and full back-wages.
05.
On receipt of notice of this Court, the first party has appeared in the present matter and filed their written
statement vide Exh.C-7. The first party has contended that, the entire contents of the statement of claim are totally
false and not legal one. It is contended that, the first party is a body corporate constituted under the Banking
Companies (Acquisition & Transfer of undertaking Act, 1971). The first party has denied an employer-employee
relationship between the first party and second party. The second party was daily wager, engaged by the bank for
sweeping and cleaning of banks premises as per the requirement and he was paid daily-wages whenever he was
engaged. The second party has not undergone any recruitment process applicable for regular appointment and
therefore, the second party is not at all a ‗workman‘ as defined U/s.2(s) of the Act and therefore, the claim is not
maintainable and the same is liable to be dismissed.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4039
06.
It is further contended that, since the services of the second party is purely based on temporarily basis, there
is no question of removal from service as alleged by the second party. It is contended that, initially wages were paid in
cash but afterwards it was paid by credit to his saving bank account. It is further contended that, the Regional
Manager at Ahmednagar is empowered to appoint / regularize daily-wager. All the appointments of permanent post in
first party bank are filled by using recruitment notification and undergoing the candidates for a well defined
recruitment process. The second party did not pass the written examination of PTS 2017 recruitment process
conducted by the bank for permanent post of 1/3 scale PTS. It is submitted that, merely continuous working for more
than 240 days in a calender year does not entitled a person to claim for his absorption in the services and such
temporary appointment does not confirm any right. Ultimately, the first party has prayed to reject the claim of the
second party.
07.
In view of the Statement of Claim filed by the second party and Written Statement filed by the first party, my
Learned Predecessor has framed issues at Exh. O-05. These issues along with my findings and reasons are as
follows :-
Sr. No.
Issues
Findings
1
Whether second party prove that, he is illegally terminated w.e.f.
18/02/2019?
In the affirmative.
2
Whether second party is entitled for the relief of reinstatement in
service with full back-wages and continuity of service w.e.f.
18/02/2019 and other reliefs as prayed?
Partly in the affirmative.
3
What Order?
As per final Award.
REASONS
08.
To prove his contentions, the second party has examined himself at Exh.U-11. He has also filed
documentary evidence on record along with lists Exh. U-07. The second party has closed his evidence vide evidence
close pursis at Exh.U-12. On behalf of the first party, evidence affidavit of their Deputy Zonal Manager (Zonal
Office), Smt. Varsha Bharat Thool, is filed on record at Exh. C-21. The Respondent has not filed any documentary
evidence on record. The first party has closed its evidence by filing evidence close pursis Exh. C-22.
09.
Before proceed on evidence of the parties, it is necessary to reproduce here the relevant legal provisions,
which are as under:
Definition of “retrenchment” under section 2(oo) of the Industrial Disputes Act, 1947 :-
“retrenchment” means the termination by the employer of the service of a workman for any reason
whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include :-
(a) voluntary retirement of a workman, or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment between
the employer and the workman concerned contains a stipulation in that behalf ; or
(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment
between the employer and the workman concerned on its expiry or of such contract being terminated under a
stipulation in that behalf contained therein , or
(c) termination of the service of a workman on the ground of continued ill-health.”
Section 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.]
4040 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
“25-F.
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.]”
Rule 80-A of the Industrial Disputes (Maharashtra) Rules, 1957.
“80A. Notice of and application for, permission for retrenchment :
(1) Notice under clause (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form XXIV-
A-I and served on the State Government or such other authority, as may be specified by the State Government
and under the said clause either personally or by registered post acknowledgment due and where the notice is
served by the registered post, the date on which the same was delivered to the State Government or the said
authority shall be deemed to be the date of service of the notice for the purposes of sub-section (3) of the said
section 25-N.
(2) Application for permission for retrenchment under sub-section (4) of section-25-N shall be made in Form
XXIV-A-II (with attested copy of the notice given by the employer under clause (a) of section 25-F appended
thereto) and delivered to the State Government and to such authority as may be specified by that Government
either personally or by registered post, acknowledgment due and where the application is sent by registered
post, the date on which the same was delivered to the State Government and the said authority shall be deemed
to be the date on which the application was made for the purposes of sub-section (5) of the said section 25-N.
(3) The notice or, as the case may be, the application shall be served or made in triplicate and sufficient
number of copies of the application for service on the workmen concerned shall be submitted along with the
notice, or as the case may be, the application.
(4) The employer concerned shall furnish to the State Government or the authority to whom the notice for
retrenchment has been given or the application for permission for retrenchment has been made under clause
(c) of sub-section (1) or, as the case may be, sub-section (4) of the said Section 25-N, such further information
as the State Government or, as the case may be, the said authority considers necessary for arriving at a
decision on the notice or, as the case may be the application, as and when called for by such authority so as to
enable the State Government or the said authority to communicate its permission or refusal to grant
permission within the period specified in sub- section (3) or as the case may be sub-section (5) of the said
Section 25-N]
Rule 81 of the Industrial Disputes (Maharashtra) Rules, 1957.
81. Maintenance of seniority list of workmen -
“The employer shall prepare a list of all workmen in the particular category from which retrenchment is
contemplated arranged according to the seniority of their service in that category and cause a copy thereof to
be posted on a notice board in a conspicuous place in the premises of the industrial establishment at least
seven days before the actual date of retrenchment.”
Section 25-G. Procedure for retrenchment.—
Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he
belongs to a particular category of workmen in that establishment, in the absence of any agreement between
the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the
last person to be employed in that category, unless for reasons to be recorded the employer retrenches any
other workman.
As to Issue Nos. 1 to 3 :-
10.
Mr. K. Y. Modgekar, Learned Advocate for the second party has vehemently argued that, the second party
was appointed by the first party on the post of Sweeper from September-2008. He was appointed on daily-wage basis.
The second party has rendered continuous service with the first party. Initially he was paid Rs.100/- per day and last
daily-wage was Rs.300/- per day. The second party has rendered continuous service for more than 240 days in each
year. He has further argued that, on 18/02/2019 the second party was orally terminated by the first party. This oral
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4041
termination is illegal and against the principles of natural justice. He has further argued that, Class-III and Class-IV
employees have been made permanent by the first party, who are juniors to the second party. Therefore, first party has
breached the provisions of the Industrial Disputes Act, 1947. Hence he prayed to declare oral termination of the
second party as illegal and against the principles of the natural justice. He has also prayed for reinstatement in service
with continuity and along with full back-wages of second party.
11.
In support of his arguments, Learned Advocate Mr. K. Y. Modgekar, for the second party relied upon the
following case laws :-
1)
H. D. Singh V/s. Reserve Bank of India & Ors., reported in [Supreme Court Labour Judgments 1984 to
1987 Page
No.601].
2)
Gaurishankar Vishwakarma V/s. Eagle Spring Industries Pvt. Ltd., & Ors. reported in [CLR 1988 (1) 38]
3)
Rajendra Prasad Yadav V/s. State of M. P. and others, reported in [2006 (109) FLR 803]
4)
Management of M/s. Recipharm Pharma Services (P) Ltd., rep. By Assistant G. M., Bengaluru V/s. G.
Vasanthkumar, Bengaluru & Ors., reported in [2020 II CLR 289].
5)
Executive Engineer, Irrigation Division, Gondia & Ors. V/s. Maroti
Janba
Dupare,
reported
in
[2004 (101) F:R 1133].
6)
General Manager, Telecom, Nagpur and others V/s. Naresh Brijlal Charote and another, reported in
[2001 Lab. I.C. 2127].
7)
Gauri Shankar V/s. State of Rajasthan , reported in [2015 LLR 785].
8)
Bright Export Limited V/s. Central Board of Trustees, EPF Organisation, reported in [2018 LLR 487}.
9)
Rupram Yadav V/s. State of M. P. and others, reported in [2010 LlR 1065]
10)
Taranjit Singh Bagga V/s. Maharashtra State Road Transport Corporation, Amravati, reported in [2008
LLR
883]
11)
Jayantibhai Raojibhai Patel V/s. Municipal Council, Narkhed & Ors., [Civil Appeal No.6188 of 2019
arising out of SLP © No.8112 of 2019 (SC) decided on 21/08/2019]
12)
Divisional Controller, S. T. Corporation, Bhuj V/s. Virji D. Barot, reported in [2000 Lab. I.C. 2584]
12.
Per contra, Mr. S. T. Joshi, Learned Advocate for the first party has filed written notes of arguments at
Exh.C-23 and C-25. He has argued that, the second party was engaged by the first party for sweeping and cleaning of
banks premises on daily-wages as per the requirement and he was paid daily-wages whenever he was engaged for the
said work. Learned Advocate for the first party further argued that, initially the wages of the second party were paid
in cash but afterwards it was credited to his saving bank account. It is argued that, the Regional Manager at
Ahmednagar is empowered to appoint/regularize daily-wager and that all the appointments of permanent post in first
party bank are filled by using recruitment notification and undergoing the candidates for a well defined recruitment
process. Learned Advocate for the first party has further argued that, the second party did not pass the written
examination of PTS 2017 recruitment process conducted by the bank for permanent post of 1/3 scale PTS and that
merely continuous working for more than 240 days in a calender year does not entitled a person to claim for
absorption in the services and such temporary appointment do not confirm any right. Thus, Learned Advocate for first
party prayed to dismiss the claim of the second party.
13.
In support of his arguments, Learned Advocate Mr. S. T. Joshi, for the first party has relied upon the
following case laws :-
1)
Secretary, State of Karnataka & Ors. V/s. Umadevi & Ors. reported in [2006 AIR SCW 1991].
2)
National Fertilizers Ltd., & Ors. V/s. Somvir Singh, reported in [2006 AIR SCW 2972]
3]
Panjab Water Supply and Sewerage Board V/s. Ranjodh
Singh & Ors. reported in [2007 ARI SCW
1018]
14.
The second party has come with the case that he was orally terminated from the service. The second party
has filed his affidavit in lieu of examination-in-chief at Exh.U-11. He deposed in consonance with his statement of
claim. He deposed that, the first party bank appointed him as a daily-wager sweeper in the month of September-2008.
He is doing continuous service with the first party bank. He raised issue of his permanency before the Labour
Commissioner. Therefore, he was abruptly orally terminated on 18/02/2019 by the first party. He also deposed that, he
has worked for more than 240 days in each calender year. Therefore, he prayed for entitlement of reinstatement with
continuity along with full back-wages. Mr. S. T. Joshi, Learned Advocate for the first party has taken detail cross-
examination of the second party. The admitted facts of the second party are as follows:
4042 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
1.
He admitted that, he was on daily-wages worker with the two branches of the first party.
2.
He did not have documentary evidence to show that, he has worked for more than 240 days in each
calender year.
3.
He was temporary worker.
4.
He did not have documentary evidence to show that, the permanency benefits given to Shri. Raju
Karpe and Sachin Karpe.
5.
He cannot state about the sanction of the Government for his termination.
15.
The second party has relied upon the documentary evidence along with list Exh.U-7. These documents are
appointment certificate of the second party, letter for interview, applications, details of the service and salary
vouchers. The appointment certificate shows that, the second party was appointed by the first party on daily-wage
basis (as and when required). This letter was issued by the Sonai Branch Manager. This letter also shows that, the
second party was working since the year 2008. The interview letter shows that, the first party called the second party
for interview. The second party has given various applications in respect of permanency benefit and other benefits.
The letter of first party shown that, the second party was working as temporary PTS. The Branch Manager, Sonai and
Jawala of the first party issued details working days of the second party in each year. The total year-wise working
days of the Sonai & Jawala Branch are mentioned as under:
Sr. No.
Year
Total days of
work done
1
2012
271
2
2013
262
3
2014
289
4
2015
276
5
2016
269
6
2017
109
16.
He was working as a Sweeper temporary PTS. The payment vouchers shows that, the second party has
received various payments on the head of salary and toilet cleaning.
17.
The first party has filed an affidavit in lieu of examination-in-chief at Exh.C-21. She has deposed in
consonance with the written statement. She has deposed that, the second party was daily-wager sweeper. The second
party is not entitled to any benefits as claimed by him. The appointment rules are not applicable to the second party.
Mr. K. Y. Modgekar, learned advocate for the second party has taken cross-examination of the first party witness. The
admitted facts of the first party are as follows:
1.
She has admitted that, she was not working where the second party has rendered the services.
2.
She cannot state as to how the second party given the services.
3.
She cannot state the details of the working period of the second party.
18.
On appraisal of oral and documentary evidence adduced by both the parties it appears that, the second party
was appointed as a Sweeper on daily-wage basis. The second party was appointed in the month of September-2008 by
the first party. The first party has admitted the fact that, the second party was working as a Sweeper on daily-wages as
and when required. It also appears that, the second party has tried to get permanency benefits with the first party. He
also tried to file application and given interview for Sweeper post on PTS. But the first party has not
appointed/selected him on the said post. Therefore, the second party has approached to the Labour Commissioner,
Mumbai. The second party has approached to the Labour Commissioner in the month of February-2019. The second
party has alleged that, he was orally terminated by the first party on 18/02/2019 on account of his dispute raised
before the Labour Commissioner.
19.
Learned Advocate for the first party has contended that, the second party was daily-wager employee.
Therefore, he is not entitled for protection of law as compared to the permanent employees working with the first
party. It also appears that, the second party has worked on daily-wages since 2008 to 18/02/2019. The record of the
working details shows that, the second party has worked in Sonai and Jawala branches at Ahmednagar district. The
record also shows that, the second party has worked from the year 2012 to 2014 at Sonai Branch. The record further
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4043
shows that, the second party has worked from the year 2014 to 2017 at Jawala Branch. The second party has
completed more than 240 days in each year. At this stage I relied in the case of State Bank of India v. N. Sundara
Money reported in [(1976) 1 SCC 822] and Surendranagar District Panchayat v. Dahyabhai Amarsinh reported
in [(2005) 8 SCC 750]. Where in it is held that,
―Termination is illegal retrenchment if the Workman who are on temporary employment and he has
completed 240 days of continuous service in the preceding 12 months; and the Employer failed to give one
month’s notice or pay in lieu, and pay retrenchment compensation @ 15 days’ wages per completed year,
and Serve notice to appropriate government (Sec. 25-F(c))”.
20.
The above mentioned case-law is very much clear that, the protection of law given to the daily-wager
employee as compared to the permanent employee. Therefore, at this stage it is necessary to see that, whether the first
party has breached the provisions of the Act. Section 25-F provides the legal provision. It has come on record that,
the second party has worked for more than 240 days in each year, therefore, I am of the view that, the right of the
second party requires to be protected. It has also come on record that, the second party is orally terminated on
18/02/2019 without giving notice, notice pay and without conducting enquiry. Therefore, I come to the conclusion
that, the first party has illegally terminated the second party.
21.
Mr. S. T. Joshi, learned advocate for the first party has relied upon the case-laws. In the case of Umadevi
(supra), wherein it is held that, the daily-wager, temporary and contractual employees cannot be given relief of
permanency. This case-law is in respect of permanency benefits to the daily-wager employee. He has also relied upon
the case of National Fertilizers Ltd., (supra), wherein it is held that, the regularization of the employee appointed
only on the basis of their application and recruitment rules. He has further relied upon the case of Panjab Water
Supply, (supra), wherein it is held that, the regularization in service is governed by the statutory rules.
22.
Mr. K. Y. Modgekar, Learned Advocate for the second party has relied upon various case-laws. These case-
laws are in respect of retrenchment process of daily-rated worker, permanent and temporary services, reinstatement in
service, distinction of part-time and full time employee, back-wages and reinstatement. These case-laws are
applicable to the present dispute in respect of retrenchment procedure applicable to the second party.
23.
On the background of the rival submissions of both the sides and case-laws placed before me, it reveals that,
the first party has not issued notice or show cause notice to the second party and has not followed the procedure and
also not conducted domestic enquiry against the second party. The second party is orally terminated from the service
on account of dispute raised for his permanency before the Labour Commissioner. It has also come on record that, the
workers appointed after the appointment of second party, they have been given permanency benefits. The second
party has not placed on record any document viz., muster roll or other documents of the other employees. Therefore, it
is difficult to conclude that, the first party has committed breach of the provision of Sec.25-G of the Act. However,
the first party committed breach of Sec.25-F of the Act. Therefore, I come to the conclusion that, the oral termination
of the second party comes under retrenchment U/s.2 (oo) of the Act. Therefore, the second party has succeeded to
prove that, he is illegally terminated w.e.f. 18/02/2019. Hence I answer Issue No.1 in the affirmative.
24.
In view of the above discussion the second party has proved that, he is illegally terminated by the first party.
The second party has sought the relief of reinstatement in service with continuity and full back-wages
w.e.f.18/02/2019. It has come on record that, the second party has applied for the post Sweeper on PTS and appeared
in the examination for the post of Sweeper on PTS. But he has not succeeded in the examination. It is very much
clear that, the second party has worked as daily-wager employee. The case-laws cited by the first party Umadevi
(supra), National Fertilizers Ltd., (supra) and Panjab Water Supply, (supra) are relevant on the subject of
permanency benefits to the daily-wager worker. It is held that, the daily-wager, temporary and contractual employees
cannot be given relief of permanency. Therefore, the second party is not entitled for the relief of reinstatement in
service along with full back-wages.
25.
At this stage I am relying in the case of Jagbir Singh V/s.. Haryana State Agriculture Marketing Board,
reported in [(2009) 15 SCC 327] and Assistant Engineer, Rajasthan Development Corporation V/s. Gitam Singh,
reported in [(2013) 5 SCC 136]. Wherein it is held that, ―Compensation in Lieu of Reinstatement (Most Common
Relief). Courts increasingly award lump-sum monetary compensation instead of reinstatement for daily-wage
workers.‖
26.
As discussed in the above said case-law the second party is entitled for retrenchment compensation. The
reasonable compensation as deemed fit, which in my opinion is necessary to effectuate, would be based on the
formula of payments of compensation. This calculation is based on retrenchment compensation considering the wages
of concerned employees as on 18/02/2019 and number of years of service would be the date of his initial appointment
in the month of September-2008.
27.
In view of the above the second party has pleaded that, initially he was paid Rs.100/- per day wages and later
on it came to be increased to the tune of Rs.300/- per day by the first party. Thus it can be said that, at the time of oral
termination of the second party he was getting daily-wages of Rs.300/- per day. It is supported by the documentary
evidence i.e., Voucher dt.30/10/2015. In the month of October-2015 the second party has worked at Jawala Branch for
4044 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
a period of 24 days, for which he was paid Rs.8,400/-. Therefore, it can be concluded that, the second party was
getting in an average wages of Rs.300/- per day. Therefore, the total compensation would be compensation as per
formula of retrenchment compensation. For more clarity the calculation of compensation is shown in respect of
second party employee as follows:
Date of initial employment
: September-2008
Total service from September-2008 till
18/02/2019 (date of oral termination)
: 10 Years
Wages as on 18/02/2019 i.e., Rs.7,800/- divided by 26 multiplied by 15, multiplied by 10 years =
Retrenchment Compensation. Therefore, total compensation would be amount of Retrenchment
compensation.
Rs.7,800/- ÷ 26 X 15 X 10 = Rs.45,000/- would be the amount of retrenchment compensation.
28.
To the cumulative effect as to the above findings and discussion, the second party is entitled or retrenchment
compensation as contemplated in Sec. 25-F of the Act. The second party is entitled for retrenchment compensation of
Rs.45,000/- with interest thereon @ 6% from the date of retrenchment order dt.18/02/2019. Accordingly, I answered
issue No. 2 partly in the affirmative. Resultantly, I proceed to pass the following Award for issue No.3.
AWARD
1.
The Reference is answered partly in the affirmative.
2.
The first party nos. 1 & 2 are hereby directed to pay retrenchment compensation of Rs.45,000/- along with
interest @6% p.a. from the date of oral termination dt.18/02/2019 till the date of publication of this award to the
second party. Failing which the first party shall pay interest @ 10% from the date of publication of this award till its
actual realization.
3.
Four copies of this Award be sent to Deputy Chief Labour Commissioner (Central), Mumbai i.e., Ministry of
Labour & Employment, Central Government, for publication and further necessary action.
4.
No order as to costs.
Dr. R.N. GAIKWAD, Presiding Officer & Judge,
Date : 31/01/2026.
2nd Labour Court, Ahmednagar.
नई ददल्ली, 28 अप्रैल, 2026
का.आ. 759.—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;
ds iapkV (a174/2025) izdkf”kr djrh gSA
[सं. एल-12025/01/2026- आई आर (बी-I)-83]
सलोनी, उृ जनदेिक
New Delhi, the 28th April, 2026
S.O. 759.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 174/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12025/01/2026- IR(B-I)-83]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4045
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: - Sri IRFAN QAMAR
Presiding Officer
Dated the 5th Day February, 2026
INDUSTRIAL DISPUTE No. 174/2025
Between:
Sri Srinivasa Rao Bolisetti
70-19-101,
B C Colony
Kakinada,
Andhra Pradesh-533001
9032611099
..…. Petitioner
AND
The Director
M/s Karni Safe Security Service (OPS) Pvt Ltd
Plot No 40, Sukhija Vihar, Near Teoulour Unbound School
Maharana Pratap Road, Vaishali Nagar, Jaipur-302012
The Chief Manager
State Bank Of India, RBO-I
Administrative Office Building, 3rd Floor
Visakhapatnam-530017
… Respondents
Appearances:
For the Petitioner :
None
For the Respondent(s): Y. Ranjeeth Reddy, Advocate of R2
AWARD
The Government of India, Ministry of Labour by its order No.7/18/2025-B1 dated 24-06-2025 referred the
following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the
management of M/s Karni Safe Security Service (OPC) Pvt Ltd and their workmen. The reference is,
SCHEDULE
“Whether the action of management of M/s Karni Safe Security Service (OPC0 Pvt Ltd, contractor of State
Bank of India, RBO-I, Visakhapatnam in terminating the workman Sri Srinivasa Rao Bolisetti, Ex-
Housekeeping worker by not following Section 25-G and 25-F of Industrial Disputes Act, 1947 is justified? If
not, what relief the concerned workman is entitled to?”
The reference is numbered in this Tribunal as I.D. No. 174/2025 and notices were issued to the parties concerned.
2. Petitioner absent on the date fixed for filing of claim statement and documents. Despite service of notice
and sufficient opportunity, the petitioner did not file any claim statement or documents. Hence, in the absence of a
claim statement, a ‗No-Claim‘ Award is passed. Transmit.
Award is passed accordingly. Transmit.
Typed to my dictation by Shri Vinay Panghal, Lower Division Clerk , corrected by me on this the 5th Day
February, 2026.
IRFAN QAMAR, Presiding Officer
4046 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 28 अप्रैल, 2026
का.आ. 760.—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;
ds iapkV (a154/2025) izdkf”kr djrh gSA
[सं. एल-39025/01/2026- आई आर (बी- II)-40]
सलोनी, उृ जनदेिक
New Delhi, the 28th April, 2026
S.O. 760.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 154/2025) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of Indian Bank and their
workmen.
[No. L-39025/01/2026- IR(B-II)-40]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: - Sri IRFAN QAMAR
Presiding Officer
Dated the 5th February, 2026
INDUSTRIAL DISPUTE No. 154/2025
Between:
The General Secretary
Indian bank employees
union (AP&TS)
Banjarasadan, Street No. 15,
Himayathnagar
Hyderabad, Telangana-500029
..….Petitioner
AND
The Chief General Manager CDO
Indian Bank Corporate Office,
PB No: 5555, 254-260
Avvai Shanmugam Salai,
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4047
Royapettah, Chennai,
Tamilnadu-600014.
… Respondents
Appearances:
For the Petitioner :
None
For the Respondent(s): None
AWARD
The Government of India, Ministry of Labour by its order No.7/11/2025-B1 dated 30-05-2025 referred the
following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the
management of Indian Bank Corporate Office and their workmen. The reference is,
SCHEDULE
“Whether the claim of disputant union for payment of statutory bonus under the payment of bonus Act, 1965
in respect of 429 casual wagers (list enclosed) is justified, if yes, what percentage of bonus under the
payment of bonus act, 1965 the referred casual wagers are entitled to?”
The reference is numbered in this Tribunal as I.D. No. 154/2025 and notices were issued to the parties concerned.
2. Petitioner absent on the date fixed for filing of claim statement and documents. Despite service of notice
and sufficient opportunity, the petitioner did not file any claim statement or documents. Hence, in the absence of a
claim statement, a ‗No-Claim‘ Award is passed. Transmit.
Award is passed accordingly. Transmit.
Typed to my dictation by Shri Vinay Panghal, Lower Division Clerk , corrected by me on this the 5th
February of Day, 2026
IRFAN QAMAR,Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 28 अप्रैल, 2026
का.आ. 761.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
बैंक ऑफ बड़़ौदा
)
ृूवड में जवजया 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;
ds iapkV (a54/2024) izdkf”kr djrh
gSA
[सं. एल-39025/01/2026- आई आर (बी- II)-41]
सलोनी, उृ जनदेिक
New Delhi, the 28th April, 2026
S.O. 761.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 54/2024) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of Bank of Baroda ( Earlier
Vijaya Bank ) and their workmen.
[No. L-39025/01/2026- IR(B-II)-41]
SALONI, Dy. Director
4048 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: - Sri IRFAN QAMAR
Presiding Officer
Dated the 05th day of February, 2026
INDUSTRIAL DISPUTE No. 54/2024
Between:
Smt BOYA LAKSHMI
H. No. 21/5/103,
Shiva Shankar Nagar, Adoni
Kurnool District,
Andhra Pradesh-518301
9052077655
..…. Petitioner
AND
The Chief General Manager
Bank of Baroda (Earlier Vijaya Bank)
N. T. Road, Adoni, Kurnool District
Andhra Pradesh-518301
…Respondents
Appearances:
For the Petitioner : Macharla Rangiah, Advocate
For the Respondent: V. Uma Devi, Advocate
AWARD
The Government of India, Ministry of Labour by its Order no. 7/8/2024-B1 dated 04-12-2024 referred the
following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between the
management of Bank of Baroda and their workmen. The reference is,
SCHEDULE
―Whether the action of the management of Bank of Baroda in terminating the services of Smt Boya Lakshmi,
Ex-Part Time Sweeper is legal and justified? If not, what relief the workman is entitled to?‘
The reference is numbered in this Tribunal as I.D. No 54/2024 and notices were issued to the parties concerned.
2. Case is fixed for filing claim statement and documents. Despite sufficient opportunity and service of
notice petitioner didn‘t file any claim statement. It seems petitioner do not want to prosecute his case.
Hence a ‗Nil Award‘ is passed. Transmit.
Typed to my dictation by Shri Vinay Panghal, LDC corrected and signed by me on this the 05th day of
February, 2026
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4049
नई ददल्ली, 28 अप्रैल, 2026
का.आ. 762.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
यूनाइटेड बैंक ऑफ इंजडया 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;
ds iapkV (a43/2018) izdkf”kr djrh gSA
[सं. एल-12011/46/2018- आई आर (बी-II)]
सलोनी, उृ जनदेिक
New Delhi, the 28th April, 2026
S.O. 762.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 43/2018) of the Cent.Govt.Indus.Tribunal-cum-Labour Court Asansol
as shown in the Annexure, in the industrial dispute between the management of United Bank of India and their
workmen.
[No. L-12011/46/2018- IR(B-II)]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT,
ASANSOL
PRESENT:
Shri Ananda Kumar Mukherjee,
Presiding Officer,
C.G.I.T-cum-L.C., Asansol.
REFERENCE CASE NO. 43 OF 2018
PARTIES: Sujit Chatterjee
(Represented by Punjab National Bank Employees Organisation)
Vs
Management of United Bank of India, Burdwan Regional Office, Durgapur
REPRESENTATIVES:
For the Union/Workman:
Mr. Achintya Kumar Mukherjee, union representative
For the Management of ECL:
Mr. Tara Shankar Mallick, Advocate.
INDUSTRY:
Bank.
STATE:
West Bengal.
Dated: 02/02/2026
AWARD
In exercise of powers conferred under clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the
Industrial Disputes Act, 1947 (14 of 1947), the Government of India through the Ministry of Labour, vide its Order
No. L-12011/46/2018-IR(B-II) dated 27/11/2018 has been pleased to refer the following dispute between the
employer, that is the Management of United Bank of India, Burdwan Regional Office, Durgapur and their workman
for adjudication by this Tribunal.
SCHEDULE
“Whether the action of the management of United Bank of India in denial of promotion to Shri Sujit
Chatterjee as Permanent Head Cashier of Bolpur Branch of United Bank of India is legal and justified or
not? If not, what relief the workmen is entitled to?”
1.
On receiving Order No. L-12011/46/2018-IR(B-II) dated 27/11/2018 from the Government of India,
Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 43 of 2018 was registered on
20/12/2018 and notice were issued to the parties through registered post, directing them to appear and submit their
written statements along with relevant documents in support of their claims.
4050 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
2.
Mr. Achintya Kumar Mukherjee, Vice President, Punjab National Bank Employees Organisation produced a
copy of an application dated 26/05/2023 addressed to the Under Secretary, Ministry of Labour & Employment, New
Delhi stating that United Bank of India has been merged with Punjab National Bank w.e.f. 01/04/2020 as per the
Directives of Government of India, Ministry of Finance and United Bank of India Employees Union has been
renamed as Punjab National Bank Employees Organisation, having the same Registration Number as 14874. The case
was adjourned on several days awaiting necessary corrigendum of Schedule by way of describing the employer bank
as Punjab National Bank in place of United Bank of India. No such corrigendum has been received except one dated
23/12/2024 whereby in the schedule of reference it was stated that ―Union Bank of India‖ be read as ―United Bank of
India‖.
3.
On the basis of Notice issued to the union and the employer bank, Mr. Tara Shankar Mallick, ld. Advocate
appeared for the management of United Bank of India but did not file written statement. Mr. Achintya Kumar
Mukherjee, then Asst. Secretary of the union represented Mr. Sujit Chatterjee, employee of the bank. Mr. Debashish
Basu Choudhury, General Secretary of United Bank of India Employees Union initially represented the union and
filed a claim statement on 05/02/2019. Fact of the case as disclosed in the statement of claim is that United Bank of
Inda is an industry as comprehended under section 2(j) of the Industrial Disputes Act, 1947 (hereinafter referred as
Act for the sake of brevity). Mr. Sujit Chatterjee was the senior most employee at Bolepur Branch of United Bank of
India and was posted as Single Window Operator at the material time. On 01/05/2014, a vacancy arose in the post of
head cashier at Bolepur Branch of the Bank under Burdwan Regional Office due to retirement of Shri Ashish Kumar
Das on 30/04/2014. For the purpose of filling up the permanent vacancy in the post of Head Cashier at Bolepur
Branch of United Bank of India, the prevailing policy is to appoint the senior most Single Window Operator of the
branch to the post of Head Cashier. A special pay is attached to the post of Head Cashier as per the bipartite
settlement governing the service condition of employees. It is contended that on 01/05/2014, Sujit Chatterjee being
the senior most Single Window Operator was eligible for the post of Head Cashier as per the prevailing norms and
policy and thereby was entitled to receive special allowance or higher pay. Case of the union is that on 05/05/2014,
Branch Manager of Bolepur Branch issued an office order for entrusting the charge of Head Cashier to the senior
most Single Window Operator but Sujit Chatterjee by letter dated 05/05/2014 declined to accept the charge of Head
Cashier on the ground of problems in his right hand and the next seniormost workman took the charge of Head
Cashier at Bolepur Branch in compliance with the office order issued by the Branch Manager on 05/05/2014. On
18/06/2014, previous order of the Branch Manager was cancelled and fresh order was passed once again offering the
post of Head Cashier to Sujit Chatterjee. He accepted the offer and communicated the same in writing to the authority
on 18/06/2014. Concerned workman performed his assigned job in the capacity of Head Cashier. Branch Manager on
02/07/2014 issued a letter No. BOL/STAFF/HEAD CASHIER/299/2014-15 inviting application from Sujit Chatterjee
regarding his willingness for the post of Head Cashier. On the same day, workman submitted application dated
02/07/2014 expressing his willingness. Contention of the union is that Regional Office of the bank at Burdwan issued
letter dated 08/01/2015 addressed to the Chief Manager, DIR, Department, Head Office of the bank for selection to
the post of Head Cashier, expressing choice of selecting Sujit Chatterjee, seniormost Single Window Operator to the
post of Head Cashier. However, bank held up confirmation of the workman in the post of Head Cashier. Union
stepped in and made representation before the bank authorities at different forms pressing for confirmation of Sujit
Chatterjee to the post. Confirmation of Head Cashier was due on 23/06/2015 with expiry of six months of probation
period. It is contended that regional authority of the bank in an arbitrary manner and in violation of the policy of
selection and posting of Head Cashier, removed Sujit Chatterjee from the charge of Head Cashier and handed over the
charge of Head Cashier to a junior employee of the branch.
4.
Being dissatisfied with the illegal decision of the bank, an Industrial Dispute was raised. Conciliation
proceeding which commenced on 25/08/2015 at Calcutta was transferred to the office of Assistant Labour
Commissioner (Central), Durgapur. Further case is that on 02/07/2015, Regional Office of the bank transferred Sujit
Chatterjee from Bolepur Branch to Bolepur-Bhubandanga Branch of the United Bank of India as Single Window
Operator, the post held by him prior to his posting as Head Cashier, which is a superior post. Conciliation proceeded
before the ALC(C), Durgapur resulted in failure and Government of India referred this Industrial Dispute for
adjudicating the question as to whether the action of the management of United Bank of India in denying promotion
to Sujit Chatterjee as Head Cashier of Bolepur Branch is legal and justified and whether he is entitled to any relief?
5.
In their statement of claim, union prayed for an order to the effect that denying confirmation of Sujit
Chatterjee in the post of Head Cashier and posting a junior employee there is void and ab initio. It is further
contended that the bank acted in an illegal manner in reverting the workman to his earlier post of Single Window
Operator and prayed for payment of wages attached to the post of Head Cashier with consequential benefits from the
date of taking the charge of workman under the order of the Competent Authority.
6.
It is an admitted fact that during pendency of the Industrial Dispute before the Tribunal, by virtue of the
Extraordinary Gazette Notification of India dated 04/03/2020, Ministry of Finance issued a Notification bearing
G.S.R. 153(E) whereby there was amalgamation of Punjab National Bank with Oriental Bank of Commerce and
United Bank of India under Punjab National Bank Scheme, 2020 and it came into force on 01/04/2020. After such
amalgamation there has been no corrigendum of Schedule incorporating Punjab National Bank as the employer
company, therefore reference case was considered only after issuance of Notice to the United Bank of India. In course
of time, United Bank of India preferred not to participate before the Tribunal.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : मई 2, 2026/वैिाख 2, 1948
4051
7.
To reach a logical consequence in respect of the Industrial Dispute, the case was fixed up for ex-parte
hearing. Mr. Achintya Kumar Mukherjee, sole witness in this case appeared in the capacity of the union
representative of United Bank of India Employees Union, now known as Punjab National Bank Employees
Organisation. In course of evidence, he reiterated the case of the union disclosed in the claim statement. Witness in
support of the case produced the following documents:
(i)
Copy of circular No. PD(DIR)/DIR//7/OM-0142/10-11 dated 17/06/2010 is marked as Exhibit W-1.
(ii)
Copy of letter dated 08/01/2015 issued by the Chief Manager informing that Sujit Chatterjee, seniormost
staff member (Single Window Operator) was selected to function as Head Cashier before permanent Head Cashier for
Bolepur Branch was selected is marked as Exhibit W-2.
(iii)
Copy of Gazette Notification of Ministry of Finance dated 04/03/2020 by which there has been merger of
Oriental Bank of Commerce and United Bank of India with Punjab National Bank, is collectively marked as
Exhibit W-3.
(iv)
Copy of letter issued by Sujit Chatterjee on 18/06/2014 addressed to the Chief Manager, United Bank of
India, Bolepur Branch stating that he was ready to accept the charge of permanent head cashier of the branch is
marked as Exhibit W-4.
(v)
Copy of office order No. 30/2014 dated 18/06/2014 by which the Chief Manager of United Bank of India,
Bolepur Branch requested Sujit Chatterjee to take over charge of Head Cashier of the branch on the basis of seniority
is marked as Exhibit W-5.
(vi)
Copy of office order dated 02/07/2014 by which Sujit Chatterjee was put incharge of Head Cashier of
United Bank of India, Bolepur Branch is marked as Exhibit W-6.
(vii)
Copy of office order dated by which Sujit Chatterjee remained incharge till 01/12/2014 and handed over
keys to Baloi Mal, next senior person is marked as Exhibit W-6/1.
(viii)
Copy of order dated 27/01/2015 by which Baloi Mal, next seniormost was advised to take charge of cash
department is marked as Exhibit W-6/2.
(ix)
Copy of order dated 28/03/2015 by which Rubi Chatterjee was advised to take charge of cash department
from Sujit Chatterjee is marked as Exhibit W-6/3.
(x)
Copy of order dated 28/04/2015 by which Rubi Chakraborty was advised to take charge of Head Cashier
from Sujit Chatterjee until further order, is marked as Exhibit W-6/4.
(xi)
Copy of letter dated 02/07/2014 issued by the Chief Manager seeking willingness of the candidate for
appointment to the post of Head Cashier, is marked as Exhibit W-7.
(xii)
Copy of letter issued by Sujit Chatterjee dated 02/07/2014 addressed to the Chief Manager, United Bank of
India, Bolepur Branch expressing his willingness to accept the post, is marked as Exhibit W-8.
(xiii)
Copy of transfer order dated 02/07/2015 whereby Sujit Chatterjee along with five others were transferred to
other branches of United Bank of India is marked as Exhibit W-9.
(xiv)
Copy of order dated 03/07/2015 issued by Senior Manager (Admn.) of United Bank of India, Burdwan
Region appointing Ruby Chakraborty as Head Cashier at Bolepur Branch of United Bank of India is marked as
Exhibit W-10.None appeared to cross-examine the Witness and he was discharged.
8.
Mr. Achintya Kumar Mukherjee, union representative submitted that by order No. 30/14 dated 18/06/2014,
Chief Manager, United Bank of India, Bolepur Branch requested Sujit Chatterjee to take the charge of Head Cashier
of the Bolepur branch on the basis of seniority (copy of order is produced as Exhibit W-5). On 02/07/2014, Sujit
Chatterjee expressed his willingness to take the charge (Exhibit W-8) in response to letter dated 02/07/2014, inviting
his willingness to the post. Mr. Achintya Kumar Mukherjee submitted that subsequently, one Baloi Mal, next
seniormost was advised to take the charge of Head Cashier, thereafter on 28/04/2015 one Ruby Chakraborty was
advised to take the charge of Head Cashier from Sujit Chatterjee until further order. Mr. Mukherjee argued that
instead of selecting Sujit Chatterjee, the seniormost Single Window Operator to the post of Head Cashier,
Management in an illegal manner transferred him to Bolepur-Bhubandanga Branch by order dated 02/07/2015
(Exhibit W-9). Union representative strenuously argued that the union has raised this Industrial Dispute only to
consolidate its moral right against arbitrary action of the bank and not for any material gain or financial benefits.
Concluding his argument, Mr. Mukherjee asserted that it would be a moral victory for the union of the bank if this
Tribunal finds that management illegally deprived Sujit Chatterjee from his legitimate dues of being promoted to the
post of Head Cashier of the bank instead of appointing junior members.
9.
I have considered the materials in the case record, evidence adduced by the union witness (WW-I) and
argument advanced on behalf of the employee‘s union of United Bank of India. At the outset it is worthwhile to note
that there has been a fundamental transformation in the constitution of the employer bank on account of its
4052 THE GAZETTE OF INDIA : MAY 2, 2026/VAISAKHA 12, 1948 [PART II—SEC. 3(ii)]
amalgamation with Oriental Bank of Commerce and Punjab National Bank w.e.f. 01/04/2020. Since United Bank of
India is a component of amalgamation, finality of this adjudication will bind respective parties at the level of their
present disposition.
10.
Crux of issue for adjudication in this reference is whether the management of the bank acted in a legal and
justified manner by denying the post of permanent Head Cashier to Sujit Chatterjee at Bolepur Branch of the United
Bank of India. In the instant case, Sujit Chatterjee has not been examined as witness despite the fact that Mr. Debashis
Basu Chaudhury, General Secretary of the union on 05/02/2019 named Sujit Chatterjee in the list of witness. It is
therefore, unknown as to whether the person concerned had any personal grievance for not being selected to the post
of Head Cashier of Bolepur Branch. Union has come up with a plea that Sujit Chatterjee being the seniormost Single
Window Operator was entitled to the post of Head Cashier at the bank on retirement of Ashish Kumar Das on
30/04/2014. In course of argument, it is submitted by the union representative that the post of Head Cashier is not a
promotional post but a special pay is attached to such post which is usually given to the seniormost employee as per
bipartite settlement. It transpires from pleading of the union that by office order No. 33/2014 dated 02/07/2014
(Exhibit W-6), Sujit Chatterjee was again advised to take the charge of Head Cashier of the branch until further order.
Arrangements were made by the Branch Manager from time to time deputing various persons to function as Head
Cashier (In-charge) during leave of Sujit Chatterjee. There was no appointment to the post of Head Cashier on
permanent basis until 03/07/2015. From the testimony of WW-I it is gathered that by order dated 02/07/2015, Sujit
Chatterjee along with five others were transferred to other branches of United Bank of India and copy of order is
produced as Exhibit W-9. Without objection against order of transfer at any point of time, Sujit Chatterjee joined the
post of Single Window Operator at Bolepur-Bhubandanga Branch of United Bank of India on 03/07/2015. A judicial
Notice can be taken of the fact that employment in Banking job is transferrable in nature. Mr. Achintya Kumar
Mukherjee, union representative fairly submitted that Sujit Chatterjee had completed five years of his posting at
Bolepur Branch of United Bank of India and his transfer was due. Decision of the management of transferring Sujit
Chatterjee to Bolepur-Bhubandanga Branch of the bank by order dated 02/07/2014 therefore, does not suffer from any
illegality. Once the concerned employee has been transferred to another branch of the bank, he has no locus standi to
claim any post in his earlier place of work by dint of his seniority in that branch. Exhibit W-10 is a copy of order
dated 03/07/2015 whereby Senior Manager (Admn.) of United Bank of India appointed Smt. Ruby Chakraborty as
Head Cashier of the Bolepur Branch of United Bank of India. The union has no right to dispute the administrative
decision taken on 03/07/2015 for filling up the post of Head Cashier after transfer of the seniormost staff concerned.
11.
Under the facts and circumstances discussed above, I have no hesitation to hold that management of United
Bank of India committed no illegality by appointing Smt. Ruby Chakraborty as Head Cashier of Bolepur Branch on
03/07/2015 and there was no breach of any moral principle in not considering Sujit Chatterjee for the said post when
he joined his new place of posting. Such decision on part of the management doesn‘t amount to deprivation of a
senior employees to any promotional post which has fallen vacant. Consequently, I hold that there is no merit in the
Industrial Dispute and the same is dismissed.
Hence,
ORDERED
that the Industrial Dispute is dismissed ex-parte against the union of the bank. Concerned union is not entitled to any
relief in this case. Let an Award be drawn up in the light of my above discussion. Let copies of Award be
communicated to the Ministry for information and Notification.
ANANDA KUMAR MUKHERJEE, 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.
KUMER
CHAND
MEENA
Digitally signed by
KUMER CHAND MEENA
Date: 2026.05.13
11:19:44 +05'30'