Chandigarh Gazette, No. 14, 25 January 2024

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GOVERNMENT OF INDIA

Chandigarh Administration Gazette

Published by Authority

NO. 014] CHANDIGARH, THURSDAY, JANUARY 25, 2024 ( MAGHA 05, 1945 SAKA) OFFICE OF THE STATE AGRICULTURAL MARKETING BOARD, U.T. CHANDIGARH

Order

The 23rd January, 2024

No. SAMB/2024/38A.—In pursuance to the Union Territory of Chandigarh Employees (Revised Pay) Rules, 2023 and corrigendum to the Union Territory of Chandigarh Employees (Revised Pay) Rules, 2023, duly adopted by the State Agricultural Marketing Board, Chandigarh vide orders dated 03-05-2023 issued vide Endst. No. DC/AMB/2023/383-387, dated 09-05-2023, Levels of pay in respect of different posts existing in the Market Committee, Chandigarh are hereby, determined/fixed with retrospective effect i.e. w.e.f. 01-04-2022, as under by the undersigned, exercising the powers of the State Agricultural Marketing Board, Chandigarh : -

Dated : 15-01-2024

RUPESH KUMAR, I.A.S., Secretary, State Agricultural Marketing Board, U. T. Chandigarh.

CHANDIGARH ADMINISTRATION

LOCAL GOVERNMENT DEPARTMENT

Notification

The 24th January, 2024

No. 16501-FII(9)-2024/1432.—In pursuance of the guidelines vide No. 4(139)-CHD/NWR/S&1/ 2023/-2076 dated 28.04.2023 of Govt. of India, Central Ground Water, North Western Region, Central Ground Water Board, the Administrator, Union Territory, Chandigarh is pleased to constitute the permanent State Level Committee (SLC) in Union Territory, Chandigarh, for coordinating the activities of Ground Water Resource Assessment in UT Chandigarh. The Committee will function as State Level Nodal Agency (SLNA) and as State Level Ground Water Co-ordination Committee (SGWCC) and District Level Ground Water Co-ordination Committee (DGWCC) for all water augmentation/conservation efforts, in the U.T. Chandigarh for sustainable usage of resources for domestic, irrigation and industrial water supply.

The permanent State Level Committee is constituted as under :—

Terms of Reference: The Permanent State Level Committee will perform following functions :—

(a) To re-assess annual ground water recharge of the UT in accordance with the endorsed Ground Water Resource Estimation Methodology.

(b) To estimate the status of utilization of the annual extractable for irrigation, domestic & Industries and categorization of assessment unit for Chandigarh UT.

(c) Planning of Ground Water Management at UT Level based on NAQUIM

recommendations.

(d) Convergence of Ground Water Management initiative under various sectors.

(e) Coordination with Nodal Agency for implementation of Ground Water management interventions at UT Level.

(f) Co-ordination of all water conservation/augmentation efforts in the UT.

(g) Preparation of DPRs and execution of the construction of structures through State Level Coordination Committee subject to availability of funds from Central/State scheme.

NITIN KUMAR YADAV, IAS, Secretary Local Govt. & Urban Development, Chandigarh Administration.

CHANDIGARH ADMINISTRATION

LABOUR DEPARTMENT

Notification

The 18th January, 2024

No. 12/2/410-HII(2)-2023/ 1064.—In exercise of the Powers conferred by sub-section (i) of Section 17 of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947) read with Government of India, Ministry of Labour & Employment's Notification No. S-11025/21/2003-IR(PL) dated 28.7.2004, the undersigned hereby publish the following award bearing reference No. 62/2023 dated 18.09.2023 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

BHARTIYA MAZDOOR SANGH, U.T. CHANDIGARH (Union)

AND

THE MANAGEMENT CHANDIGARH CLUB SECTOR 1, CHANDIGARH (Management)

ORDER

1. On dated 26.07.2023 the reference under the Industrial Disputes Act, 1947 (hereinafter referred as 'ID Act') was received from the appropriate Government.

2. On notice Shri Subhash Talwar appeared on behalf of Bhartiya Mazdoor Sangh. None appeared on behalf of management despite notice issued to the management for 22.08.2023 was received back executed through Shri Major Singh. Hence, vide order dated 22.08.2023 the management was proceeded against ex-parte.

3. Today, on 18.09.2023, Shri Ranjan Lohan - Representative filed his authority on behalf of the management with oral request to allow him to join the proceedings. Heard. The case is at the initial stage. Thus, the management is permitted to join the proceedings from this stage. Consequently, the ex-parte order dated 22.08.2023 qua the management is hereby set aside.

4. The perusal of the judicial file would reveal that Chandigarh Club Employees Union through its President Sh. Desh Raj Bharti raised the demand notice to the Labour Commissioner, U.T. Chandigarh for non-payment of bonus@ 8.33% for the year 2019-20 to its employees by the management of Chandigarh Club and for seeking intervention of Assistant Labour Commissioner, U.T. Chandigarh to get the bonus released. Copy of the demand notice annexed with the reference bears endorsement 'ALC to decide the matter in 2 weeks as per law' dated 31.05.2023 under the initials, which does not bear the designation and seal of the officer / official who has made this endorsement. In this manner, Chandigarh Club Employees' Union also sought the intervention of Bhartiya Mazdoor Sangh, Chandigarh, U.T. Shri Malkit Singh - President Bhartiya Mazdoor Sangh, Chandigarh U.T. wrote a letter bearing Reference No.Bms/180 dated 26.10.2022 to Labour Commissioner-cum-Deputy Commissioner, Chandigarh seeking appointment for personal meeting in connection with bonus for the year 2019-20.

5. The conciliation proceedings before the Assistant Labour Commissioner-cum-Conciliation Officer failed as per the failure report bearing Memo No.1311 dated 08.05.2023. Thereafter, Secretary Labour, Chandigarh Administration vide order No.12/2/410-HII(2)-2023/10473 dated 24.07.2023, referred the dispute for adjudication to this Court. In the reference order dated 24.07.2023 it is mentioned that an industrial dispute exists between the Bhartiya Mazdoor Sangh, U.T. Chandigarh and the management Chandigarh Club, Sector 1, Chandigarh. Whereas, the demand notice against the Chandigarh Club Limited has been raised by the Chandigarh Club Employees Union and not by the Bhartiya Mazdoor Sangh, U.T. Chandigarh. Furthermore, the matter has been referred to this Court for adjudication of the following issues :-

"Whether the demand raised in the demand notice dated 26.10.2021 by the Bhartiya

Mazdoor Sangh, U.T. Chandigarh AND the Management Chandigarh Club, Sector 1,

Chandigarh are genuine and justified. If so, to what effect and to what relief the Union/

Workers are entitled to, if any ?"

6. As discussed above, the dispute is between the Chandigarh Club Employees' Union and the management Chandigarh Club Limited, Sector 1, Chandigarh. There is no dispute by the Bhartiya Mazdoor Sangh, U.T. Chandigarh. Furthermore, this Court is not competent to decide the issue of non-payment of bonus as the same is governed under the Payment of Bonus Act, 1965. The matter in dispute may be decided / adjudicate by the competent authority under the Payment of Bonus Act, 1965.

7. In view of the reasons recorded above, the present industrial dispute reference is returned unanswered with liberty to approach the appropriate / competent authority under the relevant provisions of law. A copy of this order be sent to appropriate Government. File be consigned to the record room.

(Sd.) . . .,

Dated : 18.09.2023

(JAGDEEP KAUR VIRK), PRESIDING OFFICER, Industrial Tribunal & Labour Court, Union Territory, Chandigarh. UID No. PB0152.

CHANDIGARH ADMINISTRATION

LABOUR DEPARTMENT

Notification

The 18th January, 2024

No. 13/1/9853-HII(2)-2023/1066.—In exercise of the Powers conferred by sub-section (i) of Section 17 of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947) read with Government of India, Ministry of Labour & Employment's Notification No. S-11025/21/2003-IR(PL) dated 28.7.2004, the undersigned hereby publish the following award bearing reference No. 32/2022 dated 14.09.2023 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

PRESIDENT/GENERAL SECRETARY, EDUCATIONAL INSTITUTIONS, KARAMCHARI UNION(REGD.), HEAD OFFICE CHEEMA BHAWAN, SECTOR 30-B, CHANDIGARH (Workers Union)

AND

1. M/S BABA MAL DASS CHARITABLE TRUST THROUGH ITS MANAGING TRUSTEE, SECTOR 63, CHANDIGARH.

2. M/S THE BMD PUBLIC SCHOOL, (THROUGH ITS PRINCIPAL), SECTOR 63, CHANDIGARH (Management)

ORDER

1. Vide Endorsement No.13/1/9853-HII(2)-2022/4782 Dated 31.03.2022 the Secretary Labour, Chandigarh Administration has referred the dispute to this Court / Tribunal on the demand notice dated 11.10.2018 raised by the President / General Secretary, Educational Institutions Karamchari Union (hereinafter in short referred "union") upon M/s Baba Mal Dass Charitable Trust (through its Managing Trustee), Sector 63, Chandigarh & Another & Another (hereinafter in short referred "management") under Section 2(k) of the Industrial Disputes Act, 1947 (hereinafter in short referred "ID Act") in following words :-

"Whether the demand raised in the demand notice dated 11.10.2018 by the President/ General

Secretary, Educational Institutions Karamchari Union (REGD.), Head Office Cheema

Bhawan, Sector 30-B, Chandigarh AND the Managements of (1) M/s Baba Mal Dass

Charitable Trust (through its Managing Trustee), Sector 63, Chandigarh and (2) M/s the

BMD Public School (through its Principal), Sector 63, Chandigarh are genuine and justified.

If so, to what effect and to what relief the Union/Workers are entitled to, if any ?"

wherein Learned Representative for union moved an application under Order XXIII Rule (1)(3) CPC for withdrawal of the case with liberty to file the same before the Educational Tribunal, U.T. Chandigarh.

2. In the application, it is submitted that a notification by Chandigarh Administration bars the jurisdiction of the Industrial Tribunal-cum-Labour Court from entertaining the dispute of employees of private aided schools and private aided colleges and had constituted Educational Tribunal for the Union Territory of Chandigarh. In the light of said notification, the applicant withdraw the present reference with liberty to file the same before the Education Tribunal, Union Territory Chandigarh.

3. Learned Representative for management No.1 & 2 raised no objection if application dated 14.09.2023 filed by the claimants seeking to withdraw the case with liberty to file the same before the Educational Tribunal, U.T. Chandigarh is allowed. His statement to this effect is recorded separately.

4. I have heard the arguments of Learned Representatives for the parties and perused the judicial file.

In view of the reasons mentioned in the application, coupled with no objection raised by Learned Representative for the management No. 1 & 2, the instant application is allowed. Consequently, the present industrial dispute reference is returned unanswered for want of jurisdiction with liberty as prayed for. The original documents, if any submitted any of the parties, be returned to the concerned party against proper receipt and identification after placing on record attested copies thereof. Copy of this order be also sent to the Appropriate Government. The remaining judicial file be consigned to the record room.

(Sd.) . . .,

Dated : 14.09.2023

(JAGDEEP KAUR VIRK), PRESIDING OFFICER, Industrial Tribunal & Labour Court, Union Territory, Chandigarh. UID No. PB0152.

______________

Secretary Labour, Chandigarh Administration.

CHANDIGARH ADMINISTRATION

HOME DEPARTMENT

NOTIFICATION

The 24th January, 2024

No. 244466.1/1/214-HIII(1)-2024/1052.—The Administrator, Union Territory, Chandigarh is pleased to confer Administrator's Police Medal for Distinguished/ Meritorious Services to the following Twenty Four (24) Chandigarh Police Personnel on the eve of Republic Day, 2024 i.e. 26.01.2024 :—

NITIN KUMAR YADAV, IAS, Chandigarh : The 24th January, 2024.

Home Secretary, Chandigarh Administration.

CHANGE OF NAME

I, Malvinder Dhillon alias Minoo Dhillon, W/o Col. Charanjeev Singh Dhillon, # 1059, Sector 36-C, Chandigarh, have changed my name to Malvinder Kaur Dhillon.

[110-1]

I, Parmjit kaur, W/o Baldev Singh Brar, # 3410/1, Sector 45-D, Chandigarh, have changed my name is Parmjit Kaur Brar.

[111-1]

I, Baby, W/o Megh Raj, # 1015, EWS, Sector 12, Chandigarh, have changed my name to Begu Devi. [112-1]

I, Parmjeet Kaur, W/o Sh. Subhash Chand, R/o H. No. 505, Sector 22-A, Chandigarh, have changed my name from Parmjeet Kaur to Paramjeet Kaur.

[113-1]

I, Gurinder Singh, S/o Gurmukh Singh, R/o # 1452/14, Sector 29-B, Chandigarh, (Chandigarh) have changed my name to Amarjit Singh.

[114-1]

I, Sangeeta, W/o Malkit Singh, # 179, type 2, CRPF Camp Hallomajra, Chandigarh, have changed my name to Sangeeta Devi.

[115-1]

I, Jaspreet, W/o Sh. Suniel Kumar, R/o H. No. 1210, Aryan Enclave, Sector 51-B, Chandigarh, have changed my name from Jaspreet to Jaspreet Preeti Shahid. Concern pls Note.

[116-1]

I, WV Bhavn, S/o Vijay Kumar Sharma, R/o # 703, Sector 11-B, Chandigarh, have changed my name to Walait Vijay Bhavn Sharma.

[117-1]

I, Sawaran Kaur, W/o Bhagat Singh, R/o H. No. 1961/3, behind Fort, Manimajra, Sector 13, Chandigarh, have changed my name from Sawaran Kaur to Swaran Kaur.

[118-1]

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Chandigarh Administration Gazette. Persons notifying the advertisements/public notices will remain solely responsible for

the legal consequences and also for any other misrepresentation etc."

014—Ptg. & Sty. Deptt., U.T., Chd.