Chandigarh Gazette, No. 3, 08 January 2025

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GOVERNMENT OF INDIA

Chandigarh Administration Gazette

Published by Authority

NO. 003] CHANDIGARH, WEDNESDAY, JANUARY 08, 2025 ( PAUSA 18, 1946 SAKA)

CHANDIGARH ADMINISTRATION

ENGINEERING DEPARTMENT

Notification

The 3rd January, 2025

No. A-3/2025/03.—Whereas the Chandigarh Administration is in the process of privatization of the Electricity Wing of the Engineering Department of Union Territory of Chandigarh.

Therefore, in exercise of the powers conferred under sub section (5) of Section 20 of "The Rights of Persons with Disabilities (49 of 2016) Act, 2016" read with Government of India, Ministry of Home Affairs, Notification S.O. No.3870(E) dated 12.12.2017, the Administrator of Union Territory, Chandigarh is pleased to make the policy to adjust all the differently abled employees of the Electricity Wing of the Engineering Department in the other Wings of the Engineering Department of Chandigarh Administration as under :-

1. SHORT TITLE AND COMMENCEMENT :

(i) This policy may be called the "ADJUSTMENT POLICY FOR PERSONS WITH DISABILITIES (PwBD) OF ELECTRICITY WING OF ENGINEERING DEPARTMENT, UT, CHANDIGARH, 2025".

(ii) This shall come into force from the date of publication in the official gazette.

2. APPLICATION :

This policy shall only apply to the differently abled employees of Electricity Wing of the Engineering Department of Union Territory, Chandigarh holding permanent post in Group 'A', 'B', 'C' and 'D' who falls within the ambit of "The Rights of Persons with Disabilities Act, 2016"

3. NUMBER OF POSTS, CLASSIFICATION AND SCALE OF PAY :

The number of the posts held by differently abled employees, their classification and the scale of pay is specified in the Schedule annexed to the policy. However, in case any employee acquires any disability before the privatization process of Electricity Wing of the Engineering Department of Union Territory of Chandigarh is finalized and comes within the definition of persons with disability under the Act of 2016 then such an employee shall also be adjusted in accordance with the present policy.

4. VACANCY :

The differently abled employees working against Group 'A', Group 'B', Group 'C' and Group 'D' posts in the Electricity Wing would be adjusted on priority against the posts presently lying vacant in the different wings of the Engineering Department of Chandigarh Administration. The adjustment should be made against identical posts. While making adjustment of such differently abled employees no minimum qualification or test may be prescribed as it is not a case of fresh appointment.

Provided that where a differently abled employees is already holding an equivalent post with substantially identical duties on a regular basis, he will not be treated as unsuitable for adjustment against a post, merely on grounds of not possessing the requisite educational or technical qualifications as prescribed for appointment thereto, if he has satisfactory completed probation therein or if he was not required to be placed on probation, his performance there in during the preceding period of not less than two years has been reported to be satisfactory.

5. PAY SCALE :

The differently abled employees of the Electricity Wing shall be adjusted to such post having either the same pay scale or matching pay scale and service benefits. The pay/salary being drawn by such differently abled employees will be protected as a measure personal to them.

For the purpose of above clause, a matching pay-sale mean a pay-scale the maximum of which is equal to that of the pay-scale of differently abled employee, and the minimum of which is not higher than the basic pay which the differently abled employee is in receipt of at the time of making their adjustment.

Provided further that if it is not possible to adjust the employee against any post, he/she may be kept on a supernumerary post. Since, supernumerary post is created for accommodating an officer/ official till he is absorbed in a regular post, it should not be created for an indefinite period. Further, the supernumerary post is personal to the officer/official for whom it is created and no other officer can be appointed against such a post. It stands abolished as soon as the officer for whom it was created vacates it on account of retirement or is accommodated in another regular post. In other words, no officiating arrangements can be made against such a post.

6. SENIORITY :

The previous service rendered by the differently abled employees in the Electricity Wing of the Engineering Department shall not be counted for the purpose of seniority in the transferred Wings of the Engineering Department meaning thereby the differently abled employee shall have no claim to count his past service towards fixation of seniority in the post in which he is adjusted and they shall be placed on the bottom of seniority in order to avoid any litigation raised by the regular employees working in the cadre.

However, such differently abled employees on their adjustment would cover under the relevant rules/instructions applicable in the transferred wing of the Engineering Department for promotion and would be given the benefit of further promotion after taking into account their seniority, experience etc. in order to make further avenue of promotion for them.

7. BENEFITS OF PAST SERVICE :

All benefits of the services rendered by the differently abled employees in the Electricity Wing of the Engineering Department shall be protected and shall be given full effect except seniority.

The period of service rendered by such differently abled employees under the Electricity Wing of the Engineering Department shall be treated as continuous service for the purpose of all benefits as well as terminal benefits including pension as well as New Pension Scheme as was admissible to them during their previous terms and conditions of appointment or any amendment issued by the Chandigarh Administration.

8. EXERCISE OF OPTION :

The differently abled employees of the Electricity Wing in the Engineering Department are required to exercise an option for their adjustment in different wings of the Engineering Departments of the Chandigarh Administration against an identical post subject to the terms and conditions settled with them by the concerned wing where the employee would be adjusted in accordance with the present policy.

(Sd.) . . .,

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uK t m O r e d n v e e r e d n / f i j v e d r e d n o i r l i t r i h s e n i t v a i a y a n e a h s e i r e c K R u S n a S B a J D p n a h s a J . R V m . . . . . . . . . h g n s i f f a i N O h S M h S S h S h S h S h S h S h S h S . . . . . . . . . . . o r. S N 3 1 4 1 5 1 6 1 7 1 8 1 9 1 0 2 1 2 2 2 This is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) 31

CHANDIGARH ADMINISTRATION

DEPARTMENT OF EXCISE & TAXATION

Notification

The 3rd January, 2025

No. 308420-S(E&T)-2025/221.—In exercise of the powers conferred by Section 3 read with Section 21 of the Union Territory Goods and Service Tax Act, 2017 (No.14 of 2017) alongwith rules framed thereunder as amended from time to time and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh is pleased to amend the Chandigarh Administration, Department of Excise & Taxation, notification bearing No. 13430 dated 28.11.2023 as under :-

1. In the said notification clause (a) shall be substituted as under:-

"(a) The Excise and Taxation Commissioner, UT, Chandigarh to be the Revisional Authority for decisions or orders passed by Additional Excise & Taxation Commissioner or Joint Excise & Taxation Commissioner;"

2. Clause (c) of the said notification shall stand omitted.

AJAY CHAGTI, IAS, Secretary, Excise & Taxation, Chandigarh Administration.

CHANDIGARH ADMINISTRATION

LABOUR DEPARTMENT

Notification

The 30th December, 2024

No. 459080-HII(2)-2024/19595.—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. 57/2024 dated 28.11.2024 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

VINOD KUMAR JHA S/O LATE SH. DUKHA JHA, R/O HOUSE NO.473, HALLO MAJRA, CHANDIGARH. (Workman)

AND

M/S DESH SEWAK ASSOCIATION, SECTOR 29-D, CHANDIGARH THROUGH ITS MANAGING DIRECTOR (Management)

AWARD

1. Vide Endorsement No.459080-HII(2)-2024/14728 Dated 23.09.2024 the Secretary Labour, Chandigarh Administration has referred the dispute to this Court / Tribunal on the claim application filed by Vinod Kumar Jha (here-in-after referred "workman") to M/s Desh Sewak Association (here-in-after referred "management") under Section 17(1) of the Working Journalists & Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 (here-in-after in short referred "Act 1955") in following words :-

"Whether the arrears of revision of pay to Sh. Vinod Kumar Jha, S/o late Sh. Dukha Jha, R/

o House No. 473, Hallo Majra, Chandigarh (Applicant/Claimant) AND M/s Desh Sewak

Association, Sector 29-D, Chandigarh Through its Managing Director (Management)

according to the recommendations of the Majithia Wage Board and also as per the direction

of the Hon'ble Supreme Court of India under The Working Journalists And Other

Newspaper Employees (Conditions of Service) And Miscellaneous Provision Act,

1955 and in compliance of the orders dated 28.04.2015, 12.01.2016, 14.03.2016,

23.08.2016 passed by the Hon'ble Supreme Court of India in CCP No.128/2015 and 129/

2015 AND Writ Petition (Civil) 246/2011 dated 07.02.2014; if so, to what effect and to

what relief he is entitled to, if any ?"

2. Upon notice, the workman appeared in person and thereafter the workman appeared through his Representative Shri Subhash Talwar. Briefly stated the averments of claim application are that the workman- applicant is working as Driver in the Press of Desh Sewak Association having its Registered Office at Sector 29-D, Chandigarh on a monthly wages of ` 13,160/- including all perks and allowances. The workman- applicant is regular employee of the respondent-management. On account of revision of pay and other allowances accrued on the acceptance of Majithia Wage Board Recommendations, which were accepted by the Government of India and notified in the Gazette of India on 11.11.2011, a substantial amount is due from Desh Sewak Printers Limited (management-respondent) and as such the workman-applicant is fully competent to invoke the jurisdiction of Assistant Labour Commissioner-cum-Conciliation Officer vested under Section 17(1) of the Act 1955. There is no complaint against the work and conduct of the workman- applicant. His work and conduct is appreciated by all his colleagues and superiors. The workman-applicant isThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) 33 regularly getting benefits payable under different Acts and Provisions. The services of the workman-applicant are regulated under the Act 1955 which was enacted to regulate the certain conditions of service of working journalists and other employees employed in the Newspaper Establishment. As per notification dated 11.11.2011, it is apparent that employees have been categorized in groups and as such the workman-applicant being Driver falls within the ambit of Group-4 Factory Staff of the Schedule III (Grouping of non-journalist newspapers employees factory staff which is evident at Page 33 and 37 of the Report). The workman-applicant along with other employees of the respondent-management through their Union have been demanding payment of arrears of wages as per the Majithia Wage Board Recommendations. The demand of employees has not been acceded by the respondent-management. The amount which is liable to be recovered from the respondent- management based on revised pay on the basis of Majithia Wage Board Recommendations is the legitimate and legal dues of the applicant-workman and as such the applicant-workman is legally entitled to receive the same. The workman-applicant got his arrears calculated by a competent Chartered Accountant as per Majithia Wage Board Recommendations w.e.f 11.11.2011 to 31.12.2017. As such, the total amount of ` 3,81,896/- excluding interest is due from the management-respondent. The management-respondent is intentionally and deliberately not implementing the recommendations of Majithia Wage Board despite of the regular demand of the employees. Prayer is made that management-respondent may be directed to implement the recommendations of Majithia Wage Board and the workman-applicant may be paid a sum of ` 3,81,896/- as arrears of wages along with interest @12% per annum from the date of accrual till actual realisation.

3. Notice issued to the management-respondent through ordinary process for dated 04.11.2024 was received back executed through Shri Umed Singh, Clerk but none appeared on behalf of the management- respondent. Thus, vide order dated 04.11.2024, the management-respondent was proceeded against ex-parte.

4. In ex-parte evidence workman-applicant Vinod Kumar Jha examined himself as AW1 and tendered his affidavit Exhibit 'AW1/1' along with fitment chart accompanied with calculation sheet (colly consisting of 3 pages) vide Exhibit 'W1' and closed his evidence.

5. I have heard the arguments of Learned Representative for the workman-applicant and perused the Judicial file.

6. In order to prove the issue framed in the Reference Order dated 06.09.2024 referred vide Endorsement No.459080-HII(2)-2024/14728 Dated 23.09.2024, workman-applicant examined himself as his own witness as AW1 and vide his affidavit Exhibit 'AW1/A' deposed that he was working as Driver in Desh Sewak Association having its registered office at Sector 29-D, Chandigarh for the last about 25 years and his services were illegally and wrongly terminated by the management on 21.01.2020 and for his reinstatement he has raised an industrial dispute which is pending before the Industrial Tribunal-cum-Labour Court, U.T. Chandigarh.

At the time of termination, he was drawing a monthly wages of `13,160/- including all perks and allowances.

He was a regular employee of the management. In his remaining testimony, AW1 deposed the entire averments of claim application in toto which are not reproduce here for the sake of brevity. AW1 supported his oral version with document Exhibit 'W1'.

7. From the oral as well as documentary evidence led by the workman-applicant, it comes out that the workman-applicant was working with the respondent-management as Driver for the last about 25 years.

The services of the workman-applicant were terminated on 21.01.2020. The last drawn monthly wages of workman-applicant were ` 13,160/- including all perks and allowances. The workman-applicant was regular employee of the management-respondent which is a newspaper publication establishment. The services of the workman-applicant were governed by Act, 1955. The recommendations of Majithia Wage Board recommended revised rate of wages for working Journalists and Non-Journalists employees of all newspaper establishments which were notified in the Central Government Gazette on 11.11.2011. Thus, the notificationThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 34 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) dated 11.11.2011 is applicable to the workman-applicant. The workman-applicant has alleged that he falls in Group-6 of the schedule-III of the notification. The workman-applicant alleged that he has been paid monthly wages less than the wages fixed under the Majithia Wage Board recommendations. Despite his regular demand, the management-respondent did not pay the difference of wages as calculated in the fitment chart and calculation sheet Exhibit 'W1' for the period December, 2011 to December, 2017. The above-mentioned version of AW1 supported with Exhibit 'W1' has gone unrebutted and unchallenged as despite service of notice, the management-respondent did not bother to contest the claim application and preferred to be proceeded against ex-parte. There is no reason to disbelieve the evidence led by the workman-applicant. The workman is entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017.

8. In view of the discussion made above, this industrial dispute is ex-parte allowed and answered in favour of the workman to the effect that the workman is held entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017. The management is directed to comply with the Award within three months from the date of publication of the same in Government Gazette failing which the management shall be liable to pay interest at the rate 8% per annum on the amount of consequential benefits from the date of this Award till its actual realisation. Appropriate Government be informed. Copy of this Award be also sent to Learned District Judge, Chandigarh in view of Sub-section 10 of Section 11 of the Industrial Disputes (Amendment) Act, 2010 for onward transmission of the same to concerned Civil Court. File be consigned to the record room.

(Sd.) . . .,

(JAGDEEP KAUR VIRK) Dated : 28.11.2024.

PRESIDING OFFICER, Industrial Tribunal & Labour Court,

Union Territory, Chandigarh. UID No. PB0152 CHANDIGARH ADMINISTRATION LABOUR DEPARTMENT

Notification

The 30th December, 2024

No. 484658-HII(2)-2024/19597.—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. 16/2022 dated 11.11.2024 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

MAMTA DEVI W/O SH. PADAM SINGH, AGED 27 YEARS, R/O H.NO.312, NEAR KUHMAR COLONY, NAYAGRON, TESHIL KHARAR, DISTRICT S.A.S. NAGAR, PUNJAB. (Workman)

AND

THE CHIEF CONSERVATOR, FOREST DEPARTMENT, CHANDIGARH ADMINISTRATION, PARYAVARAN BHAWAN, 2ND FLOOR, MADHYA BHAWAN, 2ND FLOOR, MADHYA MARG, SECTOR 19-B, CHANDIGARH. (Management)

AWARD

1. Mamta Devi, workman has presented industrial dispute under Section 2A(2) of the Industrial Disputes Act, 1947 (here-in-after in short called 'ID Act').

2. Briefly stated the averments of claim statement are that the workman was appointed as Labour by Shri Jatinder Singh, Officer of the management, with various commitments. Last drawn wages of the workman were ` 9,713/- per month. Since appointment the workman had continuously worked up to 03.03.2020 and had performed duties to the best of her abilities and as per the instructions of the management No.1 to 5. The workman remained punctual and honest towards her duties. There was no single complaint towards her job and conduct. The management No.1 to 5 was entirely satisfied with her work and conduct. The workman was working direct under control & supervision of management No.1 to 5. The workman gave birth to a male child on 27.05.2019. After maternity leave the workman reported for duty on 04.03.2020 but the contractor and Sh. Jatinder Singh refused to allow her duty. Despite several requests of the workman, the management No.1 to 5 did not issue appointment letter, Attendance Card, Leave Card, Wages Slips, Designation Letter, Service Certificate and Employment Card to the workman. The terms and conditions of the service were not communicated to the workman despite several verbal and written requests. The wages of workman had been paid in cash. The management No.1 to 5 had not been obtaining signature of the workman in the original attendance register. The workman had availed only sanctioned leaves without wages, so her service may remain uninterrupted and continuous with the management No.1 to 5. The management No.1 to 5 has covered area of Sector 14, 25, 39, 42, 53 and village Nada and other forest area situated in the jurisdiction of Chandigarh administration. At the time of appointment, the management No.1 to 5 assured workman that her services will be permanent and regularised with Government Pay Scale. The workman started doing job with the hope that she will be made permanent and regular with Government Pay Scale. The workman came to know that her service has been shown under Sh. Dilbag Singh - Contractor, thus, the alleged contractor concealed the employee and employer relation. The control & supervision of her services remained with management No.1 to 4. The management No.1 to 5 and alleged contractor have been involved in illegal practices and did not maintain the service under the relevant provisions of various Labour Acts. On complaint to the Labour Department, Chandigarh, workman was issued ESI Card and PF Number. On 04.03.2020 the services of the workman were terminated without giving any prior notice, memo, charge sheet or inquiry and violated Section 25F, 25G & 25H of the ID Act. The workman remained unemployed after termination of services. Prayer is made that the termination order may be declared illegal and the workman may be reinstated into service with continuity of service, full back wages and all other applicable consequential benefits.

3. On notice, the management contested the claim of the workman by filing written statement on 20.02.2023, wherein preliminary objections are raised on the ground that the present reference is not maintainable. In whole statement of claim, the workman has mentioned about management / party No.1 to 5 but there is not such party in arrays of parties before this Tribunal, as such, the present statement of claim deserves to be dismissed on this ground also. The workman was never in the employment of Respondent (here-in-after 'management'). There was no privity of contract between the workman and management as such, no employer-employee relationship ever existed between them. Therefore, the question of termination of the does not arise. Neither any appointment letter nor termination letter was ever issued by the management to the workman. The workman has raised the present dispute with ulterior motive, just to humiliate and harass the management. The contentions raised by the workman in her claim statement are without any basis and deserves no consideration by this Court. Hence, the present reference raised on the unfounded contentions deserves to be dismissed on this ground alone. The workman might be the worker of contractors who were/ are working with the management as itself asserted by the workman under para No.6 of the statement of claim and despite that she has not impleaded the said contractor in the arrays of parties before this Tribunal. The workman was never engaged nor worked in the any of the site of the management directly or indirectly at anyThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 36 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) point of time. There is a set procedure for the purpose of recruitment/taking on permanent employment in the public sector. For permanent employment in the management, employees are recruited through proper process as per the guidelines of Government. The workman has never undergone any such process. The employees who are not recruited by observing statutory rules are not the workers within the definition of a 'workman' as defined under the ID Act. Therefore, the present reference deserves to be dismissed on this ground alone.

4. On merits, it is specifically denied that the workman was appointed by the management w.e.f. 01.01.2017 as Labourer. Since, the workman was not appointed by the management, hence, question of making any commitment with the workman does not arise at all. There exists no employer- employee relationship in between the management and the workman. Therefore, the assertions of the workman with regard to her designation and wages are totally false and wrong. The workman never worked under the direct control and / or supervision of any of the official of the management. The delivered of a child by the workman is a matter of record. The management was / is liable to issue any appointment letter, attendance card, leave card, wages slips, etc. to the workman. The management always maintained transparency in its record and work in as much as the management always made compliance of the laws which were / are applicable to the management. The management never paid wages to the workman at any point of time as the management was not, at all, liable to pay wages to the workman. Since the workman was never employee of the management so question of keeping the workman off record since her appointment to her alleged termination does not arise at all. The management never obtained the signatures of the workman at any point of time and never kept any attendance record of the workman. The management was not liable to maintain and / or to grant any leave to the workman. The area of jurisdiction of the management is not disputed. Regarding assertion with regard to disclosure of the name of the contractor then the workman herself has asserted the name of the contractor in para 6 of the statement of claim. Since the workman was never employee of the management so question of issuing any memo, charge sheet to the workman and / or conducting any inquiry in any matter does not arise at all. The management is not liable to pay or offer any notice pay to the workman.

The management had no role in the employment and / or termination of the workman. Rest of the averments of the claim statement are denied as wrong & false. Prayer is made that the claim of the workman may be dismissed.

5. Replication not filed. From the pleadings of the parties, following issues were framed vide order dated 04.12.2023 :-

1. Whether the termination of the services of the workman is illegal, if proved in affirmative, to what extent and what relief she is entitled to ? OPW

2. Whether there is no employer-employee relationship between the management and the workman ? OPM

3. Whether the claim statement is not maintainable ? OPM

4. Relief.

6. No evidence either oral or documentary was led by the workman despite availing 9 effective opportunities. On 11.11.2024 Learned Representative for the workman pleaded 'no instructions'. The workman neither appeared in person nor anybody else appeared on her behalf. Under these circumstances, the workman was proceeded against ex-parte.

7. On the other hand, Learned Representative for the management closed the evidence on behalf of the management.

8. I have heard the arguments of Learned Representative for the management and perused the judicial file. My issue-wise finding are as below :-

Issue No. 1 :

9. Onus to prove this issue is on the workman.

10. The workman has not led any evidence either oral or documentary in support of the averments of claim statement and preferred to be proceeded against ex-parte. The workman herself did not step into the witness box to depose the averments of claim statement and to stand the test of cross-examination. Non- appearance of the workman in the witness box raises strong presumption against her. The workman has failed to prove that the pleas taken in the statement of claim.

11. Accordingly, this issue is decided against the workman and in favour of the management.

Issues No. 2 & 3 :

12. Both these issues are taken up together being interconnected and in order to avoid repetition of discussion.

13. Onus to prove both these issues is on the management.

14. The management has denied the relationship of employer-employee between the management and the workman. The workman did not place on record any document showing her employment with the management either on contractual basis or regular basis. In the absence of the same there is no reason to disbelieve the management's plea that it has no employer-employee relationship with the workman. Moreover, in the claim statement the workman has raised allegations of violation of Labour Laws against managements No.1 to 5 whereas except management No.1 no other party has been impleaded as management No.2 to 5. As per workman's own case she came to know that she was employed through contractor Dilbagh Singh but the alleged contractor has not been impleaded as party in the present case. Thus, present industrial dispute reference / claim statement is bad for non-joinder of necessary party, consequently, not maintainable.

15. Accordingly, both these issues are in favour of the management and against the workman.

Relief :

16. In the view of foregoing finding on the issues above, this industrial dispute is ex-part declined.

Appropriate Government be informed. File be consigned to the record room.

(Sd.) . . .,

(JAGDEEP KAUR VIRK) Dated : 11.11.2024.

PRESIDING OFFICER, Industrial Tribunal & Labour Court, Union Territory, Chandigarh.

UID No. PB0152This is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 38 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA)

CHANDIGARH ADMINISTRATION

LABOUR DEPARTMENT

Notification

The 30th December, 2024

No. 459082-HII(2)-2024/19599.—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. 58/2024 dated 28.11.2024 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

DIGAMBAR JHA S/O SH. DUKHA JHA, R/O HOUSE NO. 151, HALLO MAJRA, CHANDIGARH. (Workman)

AND

M/S DESH SEWAK ASSOCIATION, SECTOR 29-D, CHANDIGARH THROUGH ITS MANAGING DIRECTOR. (Management)

AWARD

1. Vide Endorsement No.459082-HII(2)-2024/14724 Dated 23.09.2024 the Secretary Labour, Chandigarh Administration has referred the dispute to this Court / Tribunal on the claim application filed by Digambar Jha (here-in-after referred "workman") to M/s Desh Sewak Association (here-in-after referred "management") under Section 17(1) of the Working Journalists & Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 (here-in-after in short referred "Act 1955") in following words :-

"Whether the arrears of revision of pay to Sh. Digambar Jha, S/o Sh. Dukha Jha, R/o

House No. 151, Hallo Majra, Chandigarh (Applicant/Claimant) AND M/s Desh

Sewak Association, Sector 29-D, Chandigarh Through its Managing Director

(Management) according to the recommendations of the Majithia Wage Board and also as

per the direction of the Hon'ble Supreme Court of India under The Working Journalists

And Other Newspaper Employees (Conditions of Service) And Miscellaneous

Provision Act, 1955 and in compliance of the orders dated 28.04.2015, 12.01.2016,

14.03.2016, 23.08.2016 passed by the Hon'ble Supreme Court of India in CCP No.128/

2015 and 129/2015 AND Writ Petition (Civil) 246/2011 dated 07.02.2014; if so, to

what effect and to what relief he is entitled to, if any ?"

2. Upon notice, the workman appeared in person and thereafter the workman appeared through his Representative Shri Subhash Talwar. Briefly stated the averments of claim application are that the workman- applicant is working as Unit Operator in the Printing Department of Desh Sewak Printers having its Registered Office at Sector 29-D, Chandigarh on a monthly wages of ` 12,253/-including all perks and allowances. The workman-applicant is regular employee of the respondent-management. On account of revision of pay and other allowances accrued on the acceptance of Majithia Wage Board Recommendations, which were accepted by the Government of India and notified in the Gazette of India on 11.11.2011, a substantial amount is due from Desh Sewak Printers Limited (management-respondent) and as such the workman-applicant is fully competent to invoke the jurisdiction of Assistant Labour Commissioner-cum-Conciliation Officer vested under Section 17(1) of the Act 1955. There is no complaint against the work and conduct of the workman-applicant. His work and conduct is appreciated by all his colleagues and superiors. The workman-applicant is regularly getting benefits payable under different Acts and Provisions. The services of the workman-applicant are regulated under the Act 1955 which was enacted to regulate the certain conditions of service of workingThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) 39 journalists and other employees employed in the Newspaper Establishment. As per notification dated 11.11.2011, it is apparent that employees have been categorized in groups and as such the workman-applicant being Unit Operator falls within the ambit of Group-4 Factory Staff of the Schedule III (Grouping of non-journalist newspapers employees factory staff which is evident at Page 33 and 37 of the Report). The workman-applicant along with other employees of the respondent-management through their Union have been demanding payment of arrears of wages as per the Majithia Wage Board Recommendations. The demand of employees has not been acceded by the respondent-management. The amount which is liable to be recovered from the respondent-management based on revised pay on the basis of Majithia Wage Board Recommendations is the legitimate and legal dues of the applicant-workman and as such the applicant-workman is legally entitled to receive the same. The workman-applicant got his arrears calculated by a competent Chartered Accountant as per Majithia Wage Board Recommendations w.e.f 11.11.2011 to 31.12.2017. As such, the total amount of ` 3,54,194/- excluding interest is due from the management-respondent. The management-respondent is intentionally and deliberately not implementing the recommendations of Majithia Wage Board despite of the regular demand of the employees. Prayer is made that management-respondent may be directed to implement the recommendations of Majithia Wage Board and the workman-applicant may be paid a sum of ` 3,54,194/- as arrears of wages along with interest @12% per annum from the date of accrual till actual realisation.

3. Notice issued to the management-respondent through ordinary process for dated 04.11.2024 was received back executed through Shri Umed Singh, Clerk but none appeared on behalf of the management- respondent. Thus, vide order dated 04.11.2024, the management-respondent was proceeded against ex-parte.

4. In ex-parte evidence workman-applicant Digambar Jha examined himself as AW1 and tendered his affidavit Exhibit 'AW1/1' along with fitment chart accompanied with calculation sheet (colly consisting of 3 pages) vide Exhibit 'W1' and closed his evidence.

5. I have heard the arguments of Learned Representative for the workman-applicant and perused the Judicial file.

6. In order to prove the issue framed in the Reference Order dated 06.09.2024 referred vide Endorsement No.459082-HII(2)-2024/14724 Dated 23.09.2024, workman-applicant examined himself as his own witness as AW1 and vide his affidavit Exhibit 'AW1/A' deposed that he was working as Helper in Desh Sewak Daily having its registered office at Sector 29-D, Chandigarh since 24.05.2001 and his services were illegally and wrongly terminated by the management on 24.08.2020 and for his reinstatement he has raised an industrial dispute which is pending before the Industrial Tribunal-cum-Labour Court, U.T. Chandigarh. At the time of termination, he was drawing a monthly wages of ` 15,495/- including all perks and allowances. He was a regular employee of the management. In his remaining testimony, AW1 deposed the entire averments of claim application in toto which are not reproduce here for the sake of brevity. AW1 supported his oral version with document Exhibit 'W1'.

7. From the oral as well as documentary evidence led by the workman-applicant, it comes out that the workman-applicant was working with the respondent-management as Helper since 24.05.2001. The services of the workman-applicant were terminated on 24.08.2020. The last drawn monthly wages of workman- applicant were ` 15,495/- including all perks and allowances. The workman-applicant was regular employee of the management-respondent which is a newspaper publication establishment. The services of the workman-applicant were governed by Act, 1955. The recommendations of Majithia Wage Board recommended revised rate of wages for working Journalists and Non-Journalists employees of all newspaper establishments which were notified in the Central Government Gazette on 11.11.2011. Thus, the notification dated 11.11.2011 is applicable to the workman-applicant. The workman-applicant has alleged that he falls in Group-6 of the schedule-III of the notification. The workman-applicant alleged that he has been paid monthly wages less than the wages fixed under the Majithia Wage Board recommendations. Despite his regular demand, the management-respondent did not pay the difference of wages as calculated in the fitment chart and calculation sheet Exhibit 'W1' for the period December, 2011 to December, 2017. The above-mentioned versionThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 40 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) of AW1 supported with Exhibit 'W1' has gone unrebutted and unchallenged as despite service of notice, the management-respondent did not bother to contest the claim application and preferred to be proceeded against ex-parte. There is no reason to disbelieve the evidence led by the workman-applicant. The workman is entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017.

8. In view of the discussion made above, this industrial dispute is ex-parte allowed and answered in favour of the workman to the effect that the workman is held entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017. The management is directed to comply with the Award within three months from the date of publication of the same in Government Gazette failing which the management shall be liable to pay interest at the rate 8% per annum on the amount of consequential benefits from the date of this Award till its actual realisation. Appropriate Government be informed. Copy of this Award be also sent to Learned District Judge, Chandigarh in view of Sub-section 10 of Section 11 of the Industrial Disputes (Amendment) Act, 2010 for onward transmission of the same to concerned Civil Court. File be consigned to the record room.

(Sd.) . . .,

(JAGDEEP KAUR VIRK) Dated : 28.11.2024.

PRESIDING OFFICER,

Industrial Tribunal & Labour Court, Union Territory, Chandigarh. UID No. PB0152 CHANDIGARH ADMINISTRATION LABOUR DEPARTMENT

Notification

The 30th December, 2024

No. 459069-HII(2)-2024/19601.—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. 62/2024 dated 28.11.2024 delivered by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT Chandigarh between :

SURJIT SINGH S/O SH. MENGHA SINGH, R/O HOUSE NO.1483, PHASE - I, RAM DARBAR COLONY, CHANDIGARH. (Workman)

AND

M/S DESH SEWAK ASSOCIATION, SECTOR 29-D, CHANDIGARH THROUGH ITS MANAGING DIRECTOR. (Management)

AWARD

1. Vide Endorsement No.459069-HII(2)-2024/14752 Dated 23.09.2024 the Secretary Labour, Chandigarh Administration has referred the dispute to this Court / Tribunal on the claim application filed by Surjit Singh (here-in-after referred "workman") to M/s Desh Sewak Association (here-in-after referred "management") under Section 17(1) of the Working Journalists & Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 (here-in-after in short referred "Act 1955") in following words :-

"Whether the arrears of revision of pay to Sh. Surjit Singh, S/o Sh. Mengha Singh, R/o

House No. 1483, Phase-I, Ram Darbar Colony, Chandigarh (Applicant/Claimant) AND

M/s Desh Sewak Association, Sector 29-D, Chandigarh Through its Managing Director

(Management) according to the recommendations of the Majithia Wage Board and also as

per the direction of the Hon'ble Supreme Court of India under The Working Journalists

And Other Newspaper Employees (Conditions of Service) And Miscellaneous Provision

Act, 1955 and in compliance of the orders dated 28.04.2015, 12.01.2016, 14.03.2016,

23.08.2016 passed by the Hon'ble Supreme Court of India in CCP No.128/2015 and

129/2015 AND Writ Petition (Civil) 246/2011 dated 07.02.2014; if so, to what effect and

to what relief he is entitled to, if any ?"

2. Upon notice, the workman appeared through his Representative Shri Subhash Talwar. Briefly stated the averments of claim application are that the workman-applicant is working as a Unit Operator in the Printing Department of Desh Sewak Printers having its Registered Office at Sector 29-D, Chandigarh on a monthly wages of ` 11,738/- including all perks and allowances. The workman-applicant is regular employee of the respondent-management. On account of revision of pay and other allowances accrued on the acceptance of Majithia Wage Board Recommendations, which were accepted by the Government of India and notified in the Gazette of India on 11.11.2011, a substantial amount is due from Desh Sewak Printers Limited (management-respondent) and as such the workman-applicant is fully competent to invoke the jurisdiction of Assistant Labour Commissioner-cum-Conciliation Officer vested under Section 17(1) of the Act 1955. There is no complaint against the work and conduct of the workman-applicant. His work and conduct is appreciated by all his colleagues and superiors. The workman-applicant is regularly getting benefits payable under different Acts and Provisions. The services of the workman-applicant are regulated under the Act 1955 which was enacted to regulate the certain conditions of service of working journalists and other employees employed in the Newspaper Establishment. As per notification dated 11.11.2011, it is apparent that employees have been categorized in groups and as such the workman-applicant being Security Man falls within the ambit of Group- 4 Factory Staff of the Schedule III (Grouping of non-journalist newspapers employees factory staff which is evident at Page 33 and 37 of the Report). The workman-applicant along with other employees of the respondent- management through their Union have been demanding payment of arrears of wages as per the Majithia Wage Board Recommendations. The demand of employees has not been acceded by the respondent-management.

The amount which is liable to be recovered from the respondent-management based on revised pay on the basis of Majithia Wage Board Recommendations is the legitimate and legal dues of the applicant-workman and as such the applicant-workman is legally entitled to receive the same. The workman-applicant got his arrears calculated by a competent Chartered Accountant as per Majithia Wage Board Recommendations w.e.f 11.11.2011 to 31.12.2017. As such, the total amount of ` 4,44,739/- excluding interest is due from the management- respondent. The management-respondent is intentionally and deliberately not implementing the recommendations of Majithia Wage Board despite of the regular demand of the employees. Prayer is made that management- respondent may be directed to implement the recommendations of Majithia Wage Board and the workman-applicant may be paid a sum of `4,44,739/- as arrears of wages along with interest @12% per annum from the date of accrual till actual realisation.

3. Notice issued to the management-respondent through ordinary process for dated 04.11.2024 was received back executed through Shri Umed Singh, Clerk but none appeared on behalf of the management- respondent. Thus, vide order dated 04.11.2024, the management-respondent was proceeded against ex-parte.

4. In ex-parte evidence workman-applicant Surjit Singh examined himself as AW1 and tendered his affidavit Exhibit 'AW1/1' along with fitment chart accompanied with calculation sheet (colly consisting of 3 pages) vide Exhibit 'W1' and closed his evidence.

5. I have heard the arguments of Learned Representative for the workman-applicant and perused the Judicial file.

6. In order to prove the issue framed in the Reference Order dated 06.09.2024 referred vide Endorsement No.459069-HII(2)-2024/14752 Dated 23.09.2024, workman-applicant examined himself as hisThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 42 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA) own witness as AW1 and vide his affidavit Exhibit 'AW1/A' deposed that he was working as unit Operator in Desh Sewak Printers Limited having its registered office at Sector 29-D, Chandigarh since 01.01.1999 and his services were illegally and wrongly terminated by the management on 30.11.2021 and for his reinstatement he has raised an industrial dispute which is pending before the Industrial Tribunal-cum-Labour Court, U.T. Chandigarh. At the time of termination, he was drawing a monthly wages of ` 11,500/- including all perks and allowances. He was a regular employee of the management. In his remaining testimony, AW1 deposed the entire averments of claim application in toto which are not reproduce here for the sake of brevity. AW1 supported his oral version with document Exhibit 'W1'.

7. From the oral as well as documentary evidence led by the workman-applicant, it comes out that the workman-applicant was working with the respondent-management as Unit Operator since 01.01.1999. The services of the workman-applicant were terminated on 30.11.2021. The last drawn monthly wages of workman-applicant were ` 11,500/- including all perks and allowances. The workman-applicant was regular employee of the management-respondent which is a newspaper publication establishment. The services of the workman-applicant were governed by Act, 1955. The recommendations of Majithia Wage Board recommended revised rate of wages for working Journalists and Non-Journalists employees of all newspaper establishments which were notified in the Central Government Gazette on 11.11.2011. Thus, the notification dated 11.11.2011 is applicable to the workman-applicant. The workman-applicant has alleged that he falls in Group-6 of the schedule-III of the notification. The workman-applicant alleged that he has been paid monthly wages less than the wages fixed under the Majithia Wage Board recommendations. Despite his regular demand, the management-respondent did not pay the difference of wages as calculated in the fitment chart and calculation sheet Exhibit 'W1' for the period December, 2011 to December, 2017. The above-mentioned version of AW1 supported with Exhibit 'W1' has gone unrebutted and unchallenged as despite service of notice, the management-respondent did not bother to contest the claim application and preferred to be proceeded against ex-parte. There is no reason to disbelieve the evidence led by the workman-applicant. The workman is entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017.

8. In view of the discussion made above, this industrial dispute is ex-parte allowed and answered in favour of the workman to the effect that the workman is held entitled to recover the difference of arrears of wages as per the Majithia Wage Board recommendations for the period w.e.f 11.11.2011 to 31.12.2017. The management is directed to comply with the Award within three months from the date of publication of the same in Government Gazette failing which the management shall be liable to pay interest at the rate 8% per annum on the amount of consequential benefits from the date of this Award till its actual realisation. Appropriate Government be informed. Copy of this Award be also sent to Learned District Judge, Chandigarh in view of Sub-section 10 of Section 11 of the Industrial Disputes (Amendment) Act, 2010 for onward transmission of the same to concerned Civil Court. File be consigned to the record room.

(Sd.) . . .,

(JAGDEEP KAUR VIRK) Dated : 28.11.2024.

PRESIDING OFFICER, Industrial Tribunal & Labour Court, Union Territory, Chandigarh. UID No. PB0152

___________

Secretary Labour, Chandigarh Administration.

CHANDIGARH ADMINISTRATION DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH

Notification

The 31st December, 2024

No. 2024/47519.—In exercise of the powers conferred by the proviso to article 309 of the Constitution of India read with the Government of India, Ministry of Home Affairs, Notification S.O. No. 3267, dated 1st November, 1966, the Administrator, Union Territory, Chandigarh is pleased to make the following rules, regulating the method of recruitment to Group 'C' posts i.e. Laundry Supervisor (Non-Ministerial) in the Government Medical College and Hospital, Chandigarh, namely :-

1. Short title and commencement: - (i) These rules may be called the Government Medical College and Hospital, Chandigarh (Group-C) (Non-Ministerial) Recruitment Rules, 2024.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Application :

These rules shall apply to the posts specified in column No.1 of the Schedule annexed to these rules.

3. Number of posts, classification and scale of pay :-

The number of posts, their classification and the scales of pay shall be as specified in columns 2 to 4 of the said Schedule.

4. Method of recruitment, age limit and qualification, etc :-

The method of recruitment to the said posts, age limit, qualifications and other matters connected therewith shall be as specified in columns 5 to 13 of the said Schedule.

5. Disqualification: No person:

(a) who has entered into or contracted a marriage with a person having a spouse living;

OR

(b) who, having a spouse living, has entered into or contracted a marriage, with any person, shall be eligible for the appointment to the said posts:

Provided that the Administrator, Union Territory of Chandigarh may, if satisfied that such marriage is permissible under the personal Law applicable to such person and other party to the marriage and there are other grounds for so doing, exempt, any person from the operation of this rule.

6. Power to relax :-

Where the Administrator, Union Territory, Chandigarh is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of persons.

7. Savings :-

Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by Central Government from time to time in this regard.

8. Repeal :-

The Government Medical College and Hospital, Chandigarh (Non Ministerial Cadre, Group-C post), Recruitment Rules, 2014 notified vide notification no. 2/49/FII(6)/2014/6786, dated 08.08.2014, further amended vide notification No.3038, dated 22.01.2021 in respect of the post of Laundry Supervisor (Group-C) only are hereby repealed.

Secretary MER Chandigarh AdministrationThis is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 44 CHD. ADMN. GAZ., JAN. 08, 2025 (PAUSA. 18, 1946 SAKA)

ANNEXURE-I

"No legal responsibility is accepted for the contents of publication of advertisements/public notices in this part of the

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

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

003—Ptg. & Sty. Deptt., U.T., Chd.