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REGISTERED No. D.222

The Gazette of India

PUBLISHED BY AUTHORITY

No . 43] NEW DELHI, SATURDAY, OCTOBER 28, 1967/KARTIKA 6, 1889

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

NOTICE

The undermentioned Gazettes of India Extraordinary were published up to the 16th October 1967:—

Issue

No. and Date

Issued by

Subject

No.

S. O. 3601, dated 6th Ministry of Commerce.

479

October, 1967.

Authorising Shri B. G. Damani to take over the management of the whole of the Aurangabad Mills Ltd., Aurangabad.

S. O. 3680, dated 7th

480

Election Commission,

October, 1967.

India.

Further amendments in the noti- fication No. 508/UP/67, dated

• 11 th January, 1967.

481 S. O. 3681, dated 7th

Approval of the films as specified October, 1967.

therein.

Ministry of Information and Broadcasting.

482 S. O. 3682, dated 7th Ministry of Industrial

October, 1967.

Development Com- pany Affairs.

Appointing a Body of persons for making a fresh and comp- lete investigation into the loss of production of sugar due to the closure of the In- dustrial Undertaking M/s. Kamlapat Motilal Bhatni (Su- gar Mills) Branch, Bhatni, Distt. Deoria.

S. O. 3683, dated 7th Ministry of Commerce.

483

October, 1967.

Authorising" Shri B. G. Damani to take over the management of the whole of the Rai Sahab Rekchand Gopaldas Mohta Spinning and Weaving Mills Private Ltd., Akola.

( 4005 )

4 O O6 THE GAZETTE OF INDIA : OCTOBER 28, 1%7/KARTIKA 6, 1889 [PART I I-

Subject

Issued by

No, and Date.

Issue

No.

Ministry of finance

S. 0. 3684, slated 9th

484

October, 1967.

Granting recognition to the Cal- cutta Stock Exchange Associa- tion Ltd., Calcutta for a further period of five years from loth October, 1967 to 9th Ocfober, 197a, in respect of Contracts securities subject to the conditions stated therein.

Do.

S. O. 3685 dated 10th

485

October, 1967.

Granting recognition to the Mad- ras Stock Exchange Ltd., Mad- ras for a further period of five years from 15th October, 1967 to 14th October, 1972 in respect of Contracts in securities sub- ject to the conditions stated therein.

Election Commission,

S. 0. 3686, dated 10th

486

India.

October, 1967.

Extending the date before which election of Madras South Par- liamentary Constituency in the State of Madras shall be com- pleted to the n th November, 1967.

Ministry of Commerce.

S. O. 36S7, dated 10th

487

October, 1967.

Direction that the East India Jute and Hcssion Exchange Limited, Calcutta, to suspend entering into forward contracts in Jute Goods, orher than (i) transferable specific delivery contracts and (ii) non-trans- ferable specific delivery con- tracts for a further period of seven days with effect on and from the 13th October, 1967.

Ministry of Industrial

S. 0. 3688, dated 10th

488

Development & Com-

October, 1967.

pany Affairs.

Direction that the management of the India Electric Works Ltd, Calcutta should be continued for a further period of 3 months from the n th October 1967.

Do.

S. O. 3689, dated 10th

489

October, 1967.

Appointment of a body of persons for making a complete investigation into the fall of production in respect of Cotton Textiles manufacture in the New Maneckchok Spinning and Weaving Co. Ltd., Asarwa, Ahmedabad, Gujarat State.

Ministry of Finance.

S. O. 3690, dated 16th

490

October, 1967.

Appointment of the Commissioner of Income-tax, Delhi (Central) New Delhi and the Gommission- ncr of Income-tax Delhi, JSTcw Delhi as the Tax Recovery Commissioners.

Authorising Shri P. P. Thukral, a

Do.

S. O. 3691, dated 16th

October, 1967.

a Tax Recovery Officer in tha Union Territory of Delhi. *

SEC. 3(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 4007

No. and Date

Subject

Issued by

Ianue No.

S. 0. 3692, dated 16th Ministry of Finace.

October, 1967.

Authorising Shri T. C. Khuller, as a Tax Recovery Officer in the Union Territory of Delhi.

Central Board of Direct

5. O. 3693, dated 16th

October, 1967.

Taxes.

Direction that the Commissioner of Income-tax, Delhi, New Delhi shall perform the func- tions of the Tax Recovery Commissioner in respect of all the areas in the Union Terri- tory of Delhi.

'S. O. 3694, dated 16th"

Do.

October, 1967.

Direction that the Commissioner of Income-tax, Delhi (Central), New Delhi shall perform the functions of the Tax Recovery Commissioner in respect of all the areas in the Union Terri- tory of Delhi.

491 S. 0. 3695, dated 16th Ministry of Commerce.

October, 1967.

Direction that the management of the Swadeshi Cotton and Flour MillB Limited, Indore should continue for a period up to the 15th April, 1968.

Copies of the Gazettes Extraordinary mentioned above will be supplied on Indent to the Manager of Publications, Civil Lines, Delhi. Indents should be submitted so as to reach the Manager within ten days of the date of issue of these Gazettes.

PART II—Section 3—Sub-section (ii)

Statutory orders and notifications issued by the Ministries of the Govern- ment of India (other than the Ministry oi Defence) and by Central Authorities (other than the Administration of Union Territories).

ELECTION COMMISSION, INDIA

New Delhi, the 13th October 1967

S.O. 3778.—In exercise of the powers conferred by sub-section (1) of section 22 of the Representation of the People Act, 1951, the Election Commission hereby appoints: —

(1) Special Deputy Collector (Land Acquisition) Corporation Schemes, Col-

lector's Office, Madras-

(2) District Supply Officer (Madras), Collector's Office, Madras-

4OO8 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART II—

(3) Personal Assistant to the Director of Agriculture, Madras-3.

as Assistant Returning Officers for the 2-Madras (South) Parliamentary consti- tuency, in addition to the officers appointed by Its notification No- 434/MD/65, dated the 2nd July, 1966.

[No. 434/MD/67.J

ORDERS

New Delhi, the 3rd October 1067

S-O. 3779.—Whereas the Election Commission is satisfied that Shrt Thalha Dharmarao of Paddarayuduthota. H/O Kaza, Divl taluk a contesting candidate for election to the House of the People from 14-Machilipatnam constituency, has failed to lodge an account of his election expenses within time and in the manner reauired by the Representation of the People Act, 1951. and the Rules made there- under;

And whereas, after considering the representation made bv the said candidate, the Election Commission is further satisfied tfiat he has no good reason or justifi- cation for the failure;

Now, therefore, in pursuance of section 10A of the said Act. the Election Commission hereby declares the sitd Shrl Thatha DhaTnrrao tn be disqualified for being chosen as, and for beincf, a member of either U<-w-" of Porl'amenf r"~ of the Legislative Assembly or Legislative Council of a State fo_- a period of lhr?e years from ttoe date of this order.

[No. AP-HP/14/R7.J

New Delhi, the 16th October 1967

SO- 3780—Whereas the Election Commission Is aatlsfled that Shrl Peddireddy R'amlreddy, Guntha Bazar, Cuddapah, a contesting candidate for election to the House of the People from 23-Cuddapah contitnency, has failed to lodge an account of his ellection expenses in the manner required by the Representation of the People Acf, 1951, and the Rules made thereunder;

And whereas the said candidate, even after due notice, has not given any reason or explanation for the failure;

Now, therefore, In pursuance of section 10A of the said Act, the Election Com- mission hereby declares the said Shrl Peddireddy Ramireddy to be disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State for a period of three years from the date of this order.

LNo. AP-HP/23/67J

By Order,

K. S. RAJAGOPALAN, Secy-

MINISTRY OF HOME AFFAIRS

New Delhi, the 16th, October 1967

8.0. 3781-—It is hereby notified for general information that the Government of every State (except Nagaland), to which the Police Act, 1888 (3 of 1888) extends has consented under section 4 of that Act to the exercise, within the State- concerned, by the Police force of every other State, of the powers and Jurisdiction conferred by section 3 of the said Act.

The notification of the Government of India in the Ministry of Home Affair*, No. 17/2/57-P.I. dated the 9th January, 1959, is hereby rescinded.

[No. 35/3/64-P.I.J

G. L. BAILUR, Dy. Secy.

*cc. 3(ii)J THE GAZETTE OF INDIA: OCTOBER 28. 1967/KARTlKA 6, 1889 40OO

New Delhi, the 16th October 1967

S-O. 3782.—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makeg the following rules further to amend the Manipur Employees (Revision of Pay) Rules, 1966.

2, Thene rules may be called the Manipur Employees (Revision of Pay) Rules, 1967.

3. In Schedule to the Manipur Employees (Revision of Pay) Rules, 1966.

(i) Under the Heading "Cooperation Department" for th" existing entries against item Nos. 3, 4. and 5, the following entries shall be inserted in columns 1, 2, 3 and 4 respectively: —

3 Inspector Assistant Audi- Rs. 125-7J-155-9-245-EB-10- Rs. 175-10-325-EB-10-275-EB tor, 375. 12-50-400.

4 Inspector (Under Gra- Rs. loo-ioo-ilo-Con-5-140- Rs. iJO-7<5O-i8p-EB-7-5O-3io duates) EB-10-250. EB-9-3°°-

5 Assistant Auditor (Under Rs. 75-5-100-0^1-5-150, Rs. 125-4-145-EB-4-165-EB- Graduatcs).

5-200.

[No. 1/16/65-HMT.]

New Delhi, the 20th October 1967

S-O. 3783 In exercise of the powers conferred by sub-section (1) of section 5 of the Indian Boilers Act, 1923 (5 of 1923). the Central Government hereby makes the following further amendment in the notification of the Government of India in the Ministry of Home Affairs, No. 4/94/58-ANL dated the 31st March, 1960, namely:—

In the said notification, in item (2), for the words "the Executive Engineer, Stores and Workshops Division, Andaman Public Works Department" the words "the Marine Engineer of the Andaman and Nicobar Administration" shall be sub- stituted.

[No. 4/71/67-ANL.]

Y. D. SEHGAL, Under Secy.

New Delhi, the 19th October 1967

S-O. 3784—The Central Government is pleased to notify that

(1) Maharajkumar Shri Sodhasalji, Tikaraj Saheb, (2) Maharajkumar Shri Jaysinhji, (3) Mahaxajkumar Shri Sidhrajsinhji,

aons of the Ruler of Dhrangadhra (Gujarat) have b"en nominated by the said Ruler for tke purpose of entry 2(b) of Schedule I annexed to the Ministry of Home Affairs Notification No. 15/13/59(V)-P.IV, dated the 13th July, 1962 [G.S.R. Ml, published in the Gazette of India, Part II, Section 2, Sub-Section (ii) dated the 28th July, 1962].

[No. F. 1B/7/67-P.IV.]

G. B. KAPOOE, Under Secy.

40I0 THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

ORDERS

New Delhi, the 16th. October 1967

S^O. 3786.—In exercise of th;e powers conferred by sub-section (1) of sec- tion 5 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), the Cen- tral Government hereby extends to the State of Nagaland the powers and juris- diction of members of the Delhi Special Police Establishment for the investigation, of offences punishable under^section 10,11, 12, 13, 14, 15, 1G, 17, 19, 20 and 21 of the dangerous Drugs Act, 1930 (2 of 1930),

[No. 228/1/65-AVD II.]

S.O. 3787.—In exercise of the powers conferred by sub-section (1) of section & of the Delhi Special Police Establishment Act, 1946 (25 of 1946), the Central Government hereby extends to the Tuensang district of the State of Nagaland, the powers and jurisdiction of members of the Delhi Special Police Establish- ment for investigation of offences punishable under section 9 of the Opium Act, 1878 (1 of 187&).

[No. 228/1/6&-AVD-IL]

C. A. NAIR, Under Secy.

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 11th October 1967

S.O. 3788/CPEO/19/67.—In exercise of the powers conferred by Section 3 of the Emigration Act, 1922 (VII of 1922), the Central Government hereby appoint Shri G. S- Padgaonkar, Superintendent, Regional Passport and Emigration Office, Bombay to be Protector of Emigrants, Bombay in addition to his own duties withj effect from January 31, 1967, vice Shrl B- 8- Mathur, Protector of Emigrants, Bombay promoted.

[No. F. 3(13)V.IV/60.]

a S. V. SUNDRAM,

Attache (PVA)i

MINISTRY OF FINANCE

(Department of Economic Affairs) New; Delhi, the 16th October 1967

S-O. 3789—In exercise of the powers conferred by stection 15A of the Indian- Coinage Act, 1906 (3 of 1908), the Central Government hereby

(i) calls in with effect from the 1st April, 1968—

(a) all quaternary alloy rupee coins; (b) all quaternary alloy half-rupee coins; (c) allall quaternary alloy quarter-rupee coins.

SfiC. 3(ii)] THE GAZETTE OF INDIA : OCTOBER. 28, 1967/KARTIKA 6. 1889 40II

having a metal composition of fifty per cent silver, forty per cent copper, five per cent nickel and five per cent zinc, and

(d) all cupro-nickel four anna (scalloped) coins having a metal composi- tion of seventy-five per cent copper and twenty-five per cent nickel; and

(ii) directs that on and from the said date the said coins shall cease to be

legal tender save to the extent hereafter specified—

(a) the said) coins shall continue to be legal tender up to the 30 September, 1968, only at all offices Of the Reserve Bank of India, all agency and sub-agency banks of the Reserve Bank of India conducting Gov- ernment business, and at all Government treasuries and Sub-treasu- ries and during this period they will also be accepted at all Posts and Telegraph Offices and all Railway Offices for payment of dues^ and

(b) the said coins shall continue to be legal tender at the offices of the Issue Department of the Reserve Bank of India at Bombay 'Byculla', Calcutta, Madras, Kanpur, New Delhi, Bangalore and Naapur, until further notice-

[No- F.2(47)-C&C/64.J

M. S- NANJUNDIAH, Director.

(Department of Economic Affairs)

New Delhi, the 19th October 1967

S-O- 3790.—In exercise of the powers conferred by section 53 of the Bankinc Regulation Act, 1949 (10 of 1949), the Central Government, on the recommenda- tion of the Reserve Bank of India, hereby declares that the provisions of section 9 of the said Act shall not apply to the Canara Bank Ltd-, Mangaloiie, In respect of the immovable property (comprised in C-S. Nos. 266 and 299 and measuring about 903 Sq- yards) held by it at Kazi Syed Street, Mandvi, Bombay, till the 28th June 1968.

[No. F. l5(21)-BC/67.]

SO. 3791.—In exercise of the powers conferred by section 53, of the Banking Regulation Act, 1949 (10 of 1949), the Central Government, on the recommenda- tion of the Reserve Bank of India, hereby declares that the provisions of section 9 of the said Act shall not apply to the Vijaya Bank Ltd., Mangalore in respect of the immovable property (Plot of land bearing T.S. No. 832) held by "it at Manja- lore (South Kanara), till the 5th October 1968.

[No. F. 15(23)-BC/67.]

S-O- 3792—In exercisle of the powers conferred by section 53 of the Banking Regulation¹ Act, 1949 (10 of 1949), the Central Government on the recommendation of the Reserve Bank of India, hereby declares that the provisions of section 0 of the said Act shall not apply to the Cochin Commercial Bank Ltd-, Cochin in respect of the property (measuring 1 acre 53 cents and 778 sq. links) held by it at Mattancherry Town, Cochin, Kerala State, till the 30th September 1968.

[No- F- l5(20)-BC/67.]

tfeu> D e l h i, the 13th O c t o b er 1967

S.O. 3793.—Statement of the Affairs of the Reserve Bank of India, as on the 6th October 1967.

BANKING DEPARTMENT

N H H

Rs.

L I A B I L I T I ES

Rs.

A S S E TS

Capital Paid Up

5,00,00,000

16,17)3^,000 3,16,^0^

N o t es R u p ee C o in . . . . . . ..

3,31, c 00 Reserve Fund . . . . . ..

S m a ll C o in

80,00,00,000

B i l ls P u r c h a s ed a nd D i s c o u n t e d :—

National Agricultural Credit (Long Teem Operations)

Fund . . . . . ..

131,00,00,000

3i:..?4 23..""

( a) I n t e r n al . . . . . .. (b) E x t e r n al . . . . . .. ((.") G o v e r n m e nt T r e a s u ry B i l ls . . ..

National Agricultural Credit (Stabilisation) Fund .

25,00,00,000

IC,01,12,000 10 ,52,75,000

E a l a n c es H e ld A b r o a d* . . . . .. I n v e s t m e n t s ** . . . . . . ..

I r v > ns a nd A d v a n c es to :—

National Industrial Credit (Long Term Operations) Fund . . . .. . .

30,oo,oo,or-

(1) C e n t r al G o v e r n m e nt . . . ..

81,40,71,003

( n) S t a te G o v e r n m e n ts ( a; . . . ..

L o a ns a nd A d v a n c es t o : —>

Deposits :—

(1) S c h e d u l ed C o m m e r c i al B a n k sf

2,54,90,000

("•) S t a te C o - o p e r a t i ve B a nk J . ..

i6S,83,n,o"

(a) Government—

( m) O t h e rs

2,33,30,000

(i) Central Government . . ..

58,67,11,000 L o a n sj A d v a n c es a nd I n v e s t m e n ts f r om N a t i o n al

Agricultural Credit (Long Term Operations) Fund—

(tt) S t a te G o v e r n m e n ts . . ..

if n

(a) Loans and Advances to :—

28,26,39,000

(0 State Governments . . . ..

(b) B a n ks _

(tt) State Co-operative Banks . . ..

135,38,33,000

(0 S c h e d u l ed C o m m e r c i al B a n ks

i3>96,96)0O0

(in) Central Land Mortgage Bsnks

5,57.42,000

(it) S c h e d u l ed S t a te C o - o p e r a t i ve B a n ks

(6) Investments in Central Lard Mortg?ge P a rk D e- (Hi) N o n - S c h e d u l ed S t a te C o - o p e r a t i ve B f n ks (re) O t h er B a n k s" "

^2,57,0:0 12,66,000

H- X w O N M

7,43,29,^00

bentures L u a s a qi \ i/an;:> fccim National Agricultural Credit (Stabilisation) Fund . . ..

8,52,60,1:00

Loans and Advances to State Co-operative Eanks

262,44,80,000

Leans, Advances and Investments from National Indus- Bills P a y a b le

26,70,32,000

trial Credit (Long T e rm Operations) Fund—

5,24,15,000

40193=17=000 (a) Loans, and Advances to the Development Bark

O t h er L i a b i l i t i e s. . . . . ..

(b) Investment in bonds/debentures issued by the

Development Bank . . . . ..

35,09,83,000

Others Assets

805,79,17,000

805,79,17,000 R u p e es . . ..

Rupees ,,

•Includes Cash and Short-term Securities.

••Excluding Investments from the National Agricultural Credit (Long Term Operations) Fund and the National Industrial Credit (Long Term

Operations) Fund.

@Eschiding Loans and Advances fr un the National Agricultural Credit (Long Term Operations) Fund, but including temporary ovec'r-fLS to

State Governments.

•f Includes Rs. NIL advanced to scheduled commercial banks against usance bills under Section 17(4X0) of theR.B.1. Act.

J Excluding Loans and Advances from the National Agricultural Credit (Long Term Operations) Fund and the National Agricultural Cftdi

(Stabilisation) Fund.

I—I

Dated the n th day of October 19^7-

An Account pursuant to the Reeerve Bank of Inda Act, 1934, f°r ^£ week ended the 6th day of October 1967.

ISSUE DEPARTMENT

A S S E TS

Rs.

LIABILITIES

3 a

Gold Coin a nd B u l l i o n :—

Notes held in the Banking Depart-

H5,S9>2S,ooo ment

16,17,36,000 2984,57,64,000

( J) H e ld in I n d i a. . . .. (*) H e ld outside I n d ia

Notes in circulation .

F o r e i gn Securities .

3000,75,00,000

166,42,00,000 Total Notes issued .

T O T AL

282,31,25,000

78,49,12,000 2639,94,63,000

R u p ee Coin . . . .. G o v e r n m e nt of I n d ia R u p ee Securities I n t e r n al Bills of E x c h a n ge a nd other

commercial p a p er

T o t al Assets . . ..

3000,75,00,000

Toral Liabilities

3000,7 <,00,0:0

bs w >o to

Dated the n th day of October, 1967,

L. K. JHA^' Governor-

[No. F. 3(3>-BC/67.]

I s

I—I

A'citf Pd/ri, thi 20rfi October, 1967

S.O. 3794—Statement of the Affairs ol the Reserve Bank of India, as on the 13th October 1967.

BANKING DEPARTMENT

X M

R i.

" Rs.

A S S E TS

LIABILITIES

5,00,00,000

9,09,13,000 Capital Paid Up

N o t es . . . . . . . . ..

5=32,000

R u p ee C o in . . . . . . ..

80,00,00^000

RcscrTe Fund. . . . . . . ..

S m a ll C o in

3,59,ooo

o >

B i l ls P u r c h a s ed a nd D i s c o u n t e d :—

131,00,00,000

(a) I n t e r n al . .

National Agricultural Credit (Long T e rm Operations) Fund .

(b) E x t e r n al

(1:) G o v e r n m e nt T r e a s u ry B i l ls . . . ..

278,43,70,000

25,00,00,000

National Agricultural Credit (Stabilisation) Fund

16,42,31.ceo

td ft *S Kl 00

B a l a n c es H e ld A b r o a d* I n v e s t m e n t s ** . . . .

L o a ns a nd A d v a n c es t o :—

30,00^00,000

National Industrial Credit (Long T e rm Operations) Fund .

{[) C e n t r al G o v e r n m e nt . . . . ..

I'I'O S t a te G o v e r n m e n t s^ . . . ..

97.-68,43,000

s 8 £

L e a ns a nd A d v a n c es t o ;—

Deposits:—

i—i

(1) S c h e d u l ed C o m m e r c i al B a n k sf . . ..

5,13-20,000

(d) GoYcrnment

( i i) S t a te C o - o p e r a t i ve B a n k sJ , . ..

i72,5iS,39,cco

5 4 = 9 3 = 7 3 , 0 00

(Hi) O t h e rs

(1) Central Government . . . ..

Rs.

ASSETS

LIABILITIES

(it) S t a te G o v e r n m e n ts . . . ..

Loans, AdTances and Investments from National Agricul rural

4^4,27,000

Credit (Long T e rm Operations) Fund

w O

(*) B a n ks

'al Loans and Advances to:—

N W

28,26,39,000 CO S c h e d u l ed C o m m e r c i al B a n ks . . ..

135,58,66,000

13,95,37,000

H H

(0 State Governments . . . . .. (a¹) State Co-operative Banks . . ..

( n) S c h e d u l ed S t a te C o - o p e r a t i ve B a n ks .

4,52,06,000

(tii) N o n - S c h e d u l ed S t a te C o - o p e r a t i ve B a n ks .

{Hi) Central Land Mortgage Banks

73,06,000

*1 13,11,000

7^3;2Q,O"

(6) Investment in Central Land Mortgage Bank Deben- tures . . . . . . ..

Loans and Advances from National Agricultural Credit

z o >

[Stabilisation) Fund

261,31,30,000 33.52,90,000

8,52,6-3.000

Loans and Advances to State Co-operative Banks

45,18,34,000 Loans, Advances and Investments from National Industrial

Credit (Long T e rm Operations,) Fund

5,24.. 15.000

(a) Loans and Advances to the Development Bink

o o H o

I'ftl Investment in bonds/debentures issued by ihe Deve- lopment Bank . . . . . ..

35,38,40,000

Other Assets . . . . . . ..

81 r,3 7,48,000

811,37,48,000

Rupees

•Includes Cash and Short-term Securities.

••Excluding Investments from the National Agricultural Credit (Long Term Operations) Fund and the National Industrial Credit (Long

Term Operations) Fund.

1—•"

fgjExcluding Loans and Advances from the National Agricultural Credit (Long Term Operations! Fund, but including temporary overdrafts to

State Governments.

f Includes Rs. NIL advanced to scheduled commercial banks against usance bills under Section 17(4X0) of the R.B.I. Act.

JE.t:l jiin? Liirn aaJ Alvinces fron the National Agricultural]! Credit (Long Term Operations) Fund and the National Agricultural Credit (Stabi*

lisation) Fund).

Dated the iSth day of October 1967

s c

,\n Account pursuant to the Re?er\-e Bank of India ^cf, 1934, f°r the week enje j the 13th da. of October j-v'ij

ISSUE Dip\RiMENT

Rs.

LIABILITIES

ASSETS

Rs.

H X w

9,09,13,000

G o ld G i in a nd B i l l i o n :—

N j t es held in the Banking D e p a r c m c rt

11 Sj 89*25,000

N W

!* H e ld c u ' s i dc I n d in

N j td ia circulation .

, 300 Ij26,09,00-3

F o r e i gn S e c u r i t i es . . . ..

3010,35,22.000

T o t al N o t es issued . . ..

T O T 7L

282,31,25,coo 78,08,85,000 2649,95,12.000

Rup>ee C o in . . . . .. G o v e L n m e nt ot I n d ia R u p ee S e c u r i t i es I n t e r n al B i l ls of E x c h a n ge a nd o t h er C o m-

m e r c i al p a p er . . . ..

T O T AL A S S E TS

3310.35^2,000

3 010,3 5,2 23O XI T O T AL LIADCLITII S .

Dated the iMh day of October 1967

o v

L. K. I HA. Governor.

[NoF. 3 lX-ac/67-]

V. SWAMINATHAN Under Secy.

fo OB

g 5

4018 THE GAZETTE OF INDIA : OCTOBER 38, 1967/KARTIKA 0, 1889 [PART I I-

(Department of Economic Affairs)

CORRIGENDUM

New Delhi, the 10th October 1967

S.O. 3795-—In the Notification of the Government of India in the Ministry of Finance (Department of Economic Affairs) No. S.O. 2994 dated the 29th July, 1967, published at page 3138 of the Gazette of India, Part II, Section 3, Sub-section (11) dated the 2nd September, 1967, in line 3 of the preamble for "rule 33" read "rule 34".

[No. F. 19(2)-NS/65.1 V. S. RAJAGOPALAN. Under Secy.

(Department of Revenue aad Insurance)

New Delhi, the 20th October 1967

S.O. 3796.—In pursuance of paragraph (9) of the Scheme of War Risks Insurance of Marino Hulls, the Central GoYemmcnt hereby publishes, as follows, an account of tile sums received into and paid out of the War Risks (Marine Hulls) Reinsurance Fund during the year ending with the 31st March, 1967, namely :—

Account of the sums received into and paid out of the 'War Risks (Marine Hulls) Reinsurance .Fund ' during the year ending with 31st March, 1967.

RECEIPTS

EXPENDITURE

Amount

Progress of

receipts up ti

the end of

March 1967

Progress of Expen- diture up to the end of of March

1967

Rs.

34,00,000-00

1. Administration ex-

1. Insurance Premium

77=34,453'06

penses of the life in- surance Corporation of India.

2. Advances froni Con- solidated Fund of India undei Para- graph S(iii).

3. Miscellaneous Rece-

ipts.

2, Payment of Liabili- ties under War Risks (Marine Hulls) Re- insurance Scheme under Paragraph 8 (ii) (showing details if necessary).

3. Repayments of ad- vances made under paragraph 8(iii) . 4. Miscellaneous ex- penditure (showing details if necessary). 5. Refunds of premium 6. Sums disposed of in accordance with paragraph 8(iv)

Nil

34,00,000-00 77,34,453-06

TOTAL

Nil

[No. F. 52(2)-INS-I/67.]

RAJ K. NIGAM, Dy. Secy.

• S E C. 3 ( i i )] T HE G A Z E T TE OF I N D IA : O C T O B ER 2 8, 1 9 6 7 / K A K . T I KA 6, 1 8 89 4 0 19

CENTRAL BOARD OF DIRECT TAXES

INCOME-TAX

New Delhi, the 16th October 1967

S-O- 3797.—In exercise of the powers conferred by sub-section (1) of section 121 -of the Income-tax Act, 1961 (43 of 1981), the Central Board of Direct Taxes hereby makes the following amendment to the Schedule appended to its notification No- 20

Against S. No- 7A Delhi (Central) under column 3 of the Schedule appended thereto, the existing entry against item 1 shall be substituted by the following:

"1. Central Circles I to IX at Delhi".

[No. 130/F. No. 55/144/67-IT.]

A, RAGHAVENDR'A RAO, Under Secy.

INCOME-TAX

New Delhi, the 10th October 1967

S-O. 3798.—In exercise of the powers conferred by sub-section (1) of sec- tion 122 of the Income-tax Act, 1961 (43 of J.961) and of all other powers enabling it in that behalf the Central Board of Direct Taxes hereby makes the following amendment in the Schedule appended to its Notification No. 37 (F. No. 50/38/67- 1TJ), dated the 20th May. 1967, namely:

In the said Schedule against J-Range and R-Range, Bombay, under column 2 the following shall be substituted:

J-Rangc Bombay Company circle Illdi, 111(2), 111(3), IIK4), HI(5), 111(6), 111(7)

III(i2), III(i3), III(i4) and III(i5)

R-Rangc, Bombay A-i Ward and company circle IV(io), I V ( I I ), IV(i2), IV(i3),

IV(I4), IV(i5), and IV(i6).

Explanatory Note

The amendment has become necessary on account of the creation of new com- pany circles in the charge of the Commissioners of Income-tax, Bombay City II and Bombay City III, Bombay.

(The above note does not form part of the Notification, but is intended to be •clariflcatory).

[No, 132 (F. No, 50/38/67-ITJ.]

P. G. GANDHI, Under Secy.

CENTRAL EXCISE COLLECTORATE, ALLAIIABAD

Allahabad, the 28th. September 1967

S.O- 3799—In exercise of the powers conferred by Rule 5 ol the Central Excise "Rules, 1944, I hereby authorise Junior (upgraded) Superintendents of Central Excise to exercise within their respective jurisdiction the powers of Collector under rule 53 of the aforesaid Rules in the matter of granting permission to licensees tor not making entries in the stock account on dates on which there is no produc- tion, receipt in storec-room or clearance of excisable jioods- I also authorise the Senior Superintendents of Central Excise having jurisdiction, to exercise the afore- said power of Collector in respect of those Ranges or Factories, if any, which are Jiot under the charge of a Junior Superintendent

[No. 1-CE/67.1I

M. N. MATHUR,

Collector.

4020 THE GAZETTE OF INDIA: OCTOBER 28, 1967/XARTIKA 6, 1B89 [PART I I-

OOLLECTOBATE OF CENTRAL EXCISE. WEST BENGAL, CALCUTTA

CKMTRAL BXCIBM

Calcutta, the 30tfi September 1987

8.0- 3868-—In exercise ol the powers vested in me under Rule 5 of the Central Excise Rules 1944. I hereby make t ne following amendment in t he Collectorate of Central Excise, West Bengal, Calcutta's Notification No. 4/67 dated 17th August 1967, namely:—

For the words and figures "A.R- 5" appearing in Column (4) against SI. No. 5 of the table, the words and figures "A R. 10" may be substituted.

[No. fl/1967.7. D- R. K O H IX Collector.

CENTRAL EXCISE COLLECTORATE, BARODA

MANUFACTURED PRODUCTS

Baroda, the 30th September 1967

8.O. 38OT.—I hereby make the following amendment in the Collectnratc Manu- factured Products Notification No- 6/67 dated 21st August. 1957, namely;—

In the table annexed to the said Notification, in column No- 2 atrainst Sr. No. 5 for the letters and figure "A R. 6" the letters and figure "A.R 10" shall be sub- stituted-

LNo 7/67-7

A. R. SHANMUGAM, Collector-

BOMBAY CENTRAL EXCISE COLLECTORATE

CENTRAL EXCISE*

Bombay the 5th October 1967

S.O. 3802-—-In exercise of the powers o nfcrred by Pule 5 ofihe Cer'rrl Incise Files, 1944* I hereh, make the following amendment in Collectorme Notification No. CKR/5/3/66 dated the 27th July, 1966,

In the table appended to the said notification, the following entries should be added after the- entry under Rule 96ZD (2).

TABLE

C. Ex.

Rules

Rank of Officer

Limitation if any

( 1)

( 2)

(3)

96ZF(i)

(i) Supdt. shall demand duty at full rale not All Officers of and above the rank of Supdt. C. Excise, exceeding Rs. 250/-

(ii) Assistt. Collector shall demand duty at

full rate not exceeding Rs, 2000/-

(iii) Dy. Collectors shall demand duty at

full rate not exceeding Rs. sooo/-

96 ZF (ii)

All Officers of and above the

rank of Supdt. C. Excise.

(i) Supdt. C. Ex. shall exercise power to confiscate the goods upto Rs. 1000/- in value.

(ii) Asstt. Collector shall exercise the power to confiscate the goods up to Rs. 5000/- m value.

(iii) Dy. Collector shall confiscate the

goods without limit.

Sec, J(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1%7/KARTIKA 6, 188" 4021

( I)

(2)

(3)

96ZF (iv)

A'l Officers of and iibuve the (i) Supdt. to impose penalty up to Ri. ico/- rank of Supdl. C. Excise.

(ii'l A'istr. Collector to impose penalty up to

RN. 250/-

(iii) Dy. Cullcctor to impose penalty up to

R3. 750/-.

[No. CER/5/6/87.] [No. F.V-16B(3)-l/67.]

MANUFACTURED PRODUCTS

Bombay, the 5th October 1967

S.O. 3803.—In exercise of the powers conferred upon me under rule 233 read with rule 96ZD (3) of the Central Excise Rules, 1944, I hereby rescind the Collec- torate Notification No. CER-233/4 (Plywood)/66 dated 27th July 1W6.

[No- CER-233/l-(Plywood)/67.] [No. F-V.16B(3)-l/"7.] A. K. ROY, Collector.

6FFICE OF THE COLLECTOR OF CENTRAL EXCISE, 3ANGAL0EE-1

CORRIGENDUM

Bangalore, the 30th September 1967

S.O. 38M.—Please refer to Col- 3 against item 5 of the Table appended to this Office Central Excise Notification No. 5/67, dated the 23rd August, 1967 and read "A.R. 10" for the letters and figures "A.R. 6".

[No. C IV/8/1/67-B-2.]

Bangalore, the 10th October 1967

S.O, 3803.—In the Schedule to the Notification No. 3/66, dated the 6di October, 1966, published in Part II, Sub-Section (ii)ofthc Gazette of Indiaj dated the 19th November, 1966, the following •mendment is'ordered with immediate eflect.

In Dharwar District occuring at Page 4 of the Notification No, 3/66 (after Biispur DUtrict) •dd the following :—•

Exceptions

Area delimited

District

Officer to whom the

declaration are to bo

recorded in caae die

prescribed limits we

exceeded.

, Dharwar Taluk

~1 Inspector of Central Er- Dharwar :

ase, Dharwar (Hubli

}• M.O.R.)

Peergani

Lakhampur

Yattingudda

Garag

Kelagcri

Hubi

Do. HubliTalufea

(Inspector of C. Ex. f Hubli M.O.R. Kundagol Taluk

Do.

r Do.

Chabbi. Gudgeri HarJapur Kalasa Sultanpur.

4022 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PA*T I I-

Shiggaon Taluk

Dharwar

I Inspector of C. Ex.,

Dharwar.

y Do.

Bankapur Savoor Fukirnandihaili Hirebendigeri Hulagur Kengupur Banahat Cliikabudhihal Ankadakan Munavalli Sigsaon Gundur Gabbur Gavanal Hurlikuppi Savanur.

North Kanara Central Camp

(Issued from file C. No. V. 4(30)7/66.1.2)

[No- 3-]

THOMAS KOSHI, Asstt. Collector (Tech.) 1OT Collector-

CENTRAL EXCISE COLLECTORATE, KANPUR

CORRIGENDUM

Kanpur, the 4th October 1967

S.O. 3806.—Attention is invited to this Collectorate Notification No. 4/CE/67, dated 19-8-1HG7 circulated vide endorsement C. No. VI(21) (Plywood)67-EX.il/67/ 37776, dated the 24th August, 1967.

2. In the statement enclosed with the aforesaid Notification in Column 2 against SI- No- 5 for the letters and figures "A-R- 6" read "A.R- 10".

[No. C-VI(21)(Plywood)67-Ex.ll/67/44873.] V. PARTHASARATHY. Collector.

Sic. 8(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 19G7/KARTIKA 6. 1889 4033

MINISTRY OF COMMERCE

New Delhi, the 19th October 1967

SO. 3809-—The Central Government, having considered in consultation with the Forward Markets Commission, the application for renewal of recognition made under section 5 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952), by the Surendranagar Cotton Oil and Oilseeds Association Ltd-, Surendranagar, and being satisfied that it would be in the interest of the trade and also in the public interest so to do, hereby grants, in exercise of the powers conferred by section 6 of the said Act, recognition to the said Association for a further period of three years ending the 22nd November, 1970, in respect of forward contracts in Kapas-

2- The recognition hereby granted Is subject to the condition that the said Association shall comply with such directions as may from time to time be given by the Forward Markets Commission.

[No. 34(16)-CG(FMC)/67.]

M. L. GUPTA, Under Secy-

(Office of the Chief Controller nt Imports and Exports)

ORDER

New Delhi, the 16th October 1967

8-0. 3810-—In exercise of the powers conferred by Clause 9 of the Import Control Order 1955, dated 7th/ December 1955 as amended, the undersigned hereby cancels the Customs and Exchange Control Purposes C.ooies of Import Licence No- 989440/FC/fll dated 15th October 1962 for Rs 7,40,OOn/- issued in favour of M/s- Satyasheil Gupta, 138 Canning Street, Calcutta-1. The import licence was not re- gistered with any Customs House and had remained un-utiliscd.

2, The reason for the cancellation is thst i+ WRS g^nted on the basis of an Industrial Licence No- L/lA(7)/N-262/62 dated 21st February 1962 which had already been revoked by the Ministry of Indu^t-y HS per their letter No. IA (7)/ 618/2A(III)/6

[No. CG-I/12(14)/62-63.1

Y. J. DENNISON,

Dv- Chief Controller, for Chief Controller.

2404 T I IE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

(Offlce of the Chief Controller of Imports and Exports)

ORDERS

New Delhi, the 17th October 1967

S.O. 3811.—In exercise of the powers conferred by clause 9 of the Imports Control Order 1955 dated the 7th December, 1955, as amended, the undersigned hereby cancels the Import licence No. G/RC/2085706/R/IA/CH/22 dated 7th May, 1966 (both Customs and Exchange Control Copies and list of goods in duplicate) for the import of components for Tempo Hanaeat valued at Rs. 34,000/-. falling under 86(ii)/V of the ITC Schedule, issued in favour of M/s. Bajaj Tempo Ltd., Poona.

The reason for cancellation is that the party supplied the stores to the Con- troller of Stores, N- E- Railway, Gorakhpur from their own stock-

[No. 2-B/Rly/66-67/GLS/690.]

New Delhi, the 21st Octoher 19G7

S.O- 3812.—In exercise of the powers conferred by clause 9 of the Imports (Control) Order 1955, as amended, the undersigned hereby cancels both the customs purpose copy and Exchange Control purpose copy of import licence No. G/RC/2084947/R/IA/21/CH/22-22 dated 9-'7-1965 for the import of 9.00-18 Tubes at Rs. 55/- Issued in favour of M/s- The Dunlop Rubber Co. (India) Ltd., Calcutta.

[No. 22-D/Rly/65-66/GLS/712.TI

S. A. SESHAN,

Dy. Chief Controller.

(Office of the Chief Controller of Imports and Exports)

ORDER New Delhi, the 21st October 1967

S.O. 3813.—M/s, Toshniwal Brothers Private Ltd., New Delhi were granted an Import licence No. G/DG/21O450,5/T/DL/22/C/H/21-22 dated 15-11-1965 for Rs. 8960/- for the import of Model No. MHS- 501, MSPEC 3893 Inventor Power Supply falling under 78(IX)/V of the I.T.C. schedule. As the above licence which has not been utilised, has expired on 31st August, 1966, both copies of the same are hereby cancelled.

[No. G7-T/Cont/65/66/GLS/7U.]

S- A. SESHAN,

Dy. Chief Controller of Imports & Exports. for Chief Controller.

MINISTRY OF FOOD, AGRICULTURE, COMMUNITY DEVELOPMENT AND

COOPERATION

(Department of Agriculture)

New Delhi, the Wth October 1967

S.O. 3814 The following draft of Eggs Grading and Marking Rules, 1967, in supersession of the Eh'gs GradinR and Marking Rules, 1937, which the Central Government proposes to make In exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act,. 1937 (1 of 1937), is pub- lished as required by the said section, for the information of all persons likely to be affected thereby and notice is hereby given that the draft will toe taken into consideration on or after the 10th November, 19G7.

Any oblection or suggestion which may be received from any person with res- pect to the said draft before the date specified will be considered by the Central Government. D R A FT R U L ES

(1) Short title and application.—{I) These may be called the Table Eggs Grad-

ing and Marking Rules, 1967.

(2) They shall apply to tabe Eggs produced in India. 2. Definitions:—In these rules;

(a) "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India and includes any officer subor- dinate to him to whom the powers under these rules may be dele- gated by the Agricultural Marketing Adviser.

SEC. 3(li)] THE GAZETTE OF INDIA : OCTOBER 28, 1907/KARTIKA 6, 1889 4025

(b) "Schedule" means a schedule appended to these rules. (e) "table eggs'' means edible eggs derived as a product of poultry husbandry.

3. Grade designation.—The grade designation to indicate the quality of table eggs shall be as set out in column (1) of Schedule II.

4. Definition of quality.—The quality of table eggs indicated by the respective grade designations shall be as set out against each grade designation in columns (2) to (8) in the said Schedule.

5. Grade designation marks.— (1) The grade designation mark in the case of each table egg shall consist of a design incorporating the word 'Agrnark' and the grade of the egg as approved by the Agricultural Marketing Adviser to the Gov- ernment of India placed centrally in a circle of not less than 13 mm. in diameter.

(2) The grade designation mark in the case of containers in which graded table eggs are packed shall consist of a label specifying the grade designation and bear- ing the design of the colour as set out in the able below and consisting of an outline map of India with the word 'Agmark' and the figure of the rising sun, with the words "produce of India" and (WTcfFT ^cT.3¹) and resembling the one set out in Schedule I.

TABLE

The grade designation mark to be attached to each package of table eggs shall consist of a label bearing the design set out in Schedule I, specifying the grade designation and of the following colour, namely: —

Grade Designation

Colour of Label

( 1)

(2)

Extra Large Large Medium Small

White Red Blue Yellow

NOTE.—Where a package contains eggs of two or more grades separate lables of appropriate colour shall be attached giving the particulars in respect of the egga of each grade in the package.

6. Method of Marking,— (1) The grade designation mark shall be marked legi- bly on each egg, in indelible ink, on the shell by means of a rubber stamp, in a manner approved by the Agricultural Marketing Adviser.

(2) The grade designation mark label shall be attached by means -of a lead seal bearing the word AGMARK to each package of table eggs, and shall clearly show the following particulars: —

(a) Grade designation of the eggs; (b) number of eggs; (c) net weight of eggs; (d) name of grading station; (e) date of despatch.

7. Method of packing.—11) Only sound, clean and dry containers which are suitable for the purpose shall be used for packing and every one of them shall ~be free from any insect infestation or fungus contamination and also free from any undesirable smell.

'(2) The containers shall be securely closed and sealed in a manner approved by the Agricultural Marketing Adviser.

(3) Packing material, if used, shall be clean, dry sweet smelling and free from any taint liable to impart any objectionable flavour to the eggs.

4026 THE GAZETTE OF INDIA : OCTOBER 28, 1%7/KARTIKA 6, 1889 [PART I I-

(4) Eggs of different grades shaU also be packed separately as far as possible and, if eggs of more than one grade are packed in one container, a layer of clean paper or clean straw shall bfc placed between the different grades-

8. The Eggs Grading and Marking Rules, 1937 are hereby repealed without p r e- judice to anything done or any action taken thereunder.

SCHEDULE I

(See rule 5)

SCHEDULE II

Grade designation and definition of table eggs produced in Indiz

(See rules 3 and 4)

Shell

Air Cell

White

Yoik

Grade

Weight per dozen in

Weight in- dividual in

Weight per unit of ten in gms.

gms.

H K pi O > ts¹ M

>ri

Clean, unbroken and sound

Clear reasonably

shape normal.

firm.

60 and above

Z O >

uptJ 4 mm in depth, practically regu- lar or better.

Fairly well centred, prac- ti:ally free fi ora defects outline int'.is.'mct.

53-59

A. A.

Clean to moderately stained

sound and slightly abnormal.

Clear, may be slightly w'eak.

o w

May be sightly cflf- ceutred ouiline slightly visible.

8 mm ;'n depth, may be free and slight- ly bujt)iy.

60 and above 53-59

P A. a. B. B. B.

715 and above 631-714 S35-63O 456-534 715 and above 631-714 535-630 456-534

596 and ~) above | 526-595 y 446-525 5au 44r> J 596 and 1 above 526-595 y 446-525 380-445 J

Extra Large Large Medium 45-52 omall Extra Large Large Medium 45-52 Small 38-44

i-o 00

[Vo. 13-14/67-A.M.]

E. K. BALASUNDARAM, Under Secy.

ts)

4028 THE GAZETTE OF INDIA : OCTOBER 28, 1%7/KARTIKA 0, 1889 [PA"T I I-

MINISTRY OF EDUCATION

(Cultural Activities Division I)

[CAI(l) Section]

ARCHAEOLOGY

New Delhi, the 1th October 1967

8O- 3815-—In exercise of the powers conferred by sub-section (i) of section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1998 (24 of 1958), the Central Government hereby rescinds the notification of the Government of India in the Ministry of Education No. S.O. 2827 dated the 15th September, 190" published in Part II Section 3(il) of the Gazette of India dated the 24th September, 1966.

[No. P. 4/17/65-CAId).]

New Delhi, the 16th October 1967

S.O- 3816—Whereas by notification of the Government of India In the Ministry of Education No- S.O. 1809, dated the 16th May, 1967, published in Part II, Section 3, sub-section (ii) of the Gazette of India dated the 27th May, 1967, the Central Government gave notice of its intention to declare the ancient monument specified, in the Schedule below to be of national importance;

And whereas no objections have been received to the making of such declara- tion;

Now, therefore, in exercise of the powers conferred by sub-section (3) of section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), the Central Government hereby declares the said ancient monument to be of national importance.

TBI SGSE>DIJ!

District

State

Tehsil

Locality

Remarks

Boundaries

Ownership s.

( i l ) ]

Nttneof monument

No.

H E

Revenrat Area plot number to be in- cluded un- der pro- tection

11 a

7 8

G A Z E T T E

Kangra

Sujanpur

Harairpar

Temple pro-

pen y. Himachal Pradesh

Survey plot 4 Kanal No. 736 2 Maria

O F

N D

Within te- mple com- pound wall there is Pujari Quar- ter as well as kitchen.

North : Survey plot No. 7&9 East: Survey plot Nos. 7S7 and 788 South: Survey plot No. 785 West: Survey plot Nos. 784 and 789.

Narbadeshwar te- mple and indu- dirig the paintings therein as well as the subsidiary shri- nes within the co- mpound wall to- gether with adja- cent land con- fixed in survey plot No- 786.

O C T O B E R

2 8

[No. F. 4(23)/66-CAI (.1)]

1 9 6 7

SHARDA RAO (Airs.), Assistant Educational Adviser.

K A R T

K A

. i

4030 THE CAZFTTF OF INDIA : OCTOBER 28, 1%7/KARTIKA 6, 1880 [PART I I-

MINISTRT OF HEALTH AND FAMILY PLANNING

(Department of Health)

New Delhi, the IRth October 1967

S.O. 3817.—Whereas, in pursuance of the Provisions of clause (c) of section 3 of the Dentists Act, 1948 (16 of 1948), the following persons have been elected to be the members of the Dental Council of India with effect from the 1st August, 1967, namely: —

1. Prof- B K. Venkataraman, M.B.B.S., B-D.S-, M.S., Vice-Principal, Dental

College, Bangalore-2-

2. Prof. Arup Kumar Dass, M.B.B.S., D.T.M.&H.. B.D.S., M.S., Principal,

Dr- R. Ahmed Dental College and Hospital, Calcutta,

3. Prof. K. Ramachandran, B.Sc, B.D.S., F.D.S., RC.S., Professor and

Head, Dental Wing, Madras Medical College, Madras-,

Now, therefore, in pursuance of the provisions of section 3 of the said Act, the Central Government hereby makes the following further amendments in the noti- fication of the Government of India in the late Ministry of Health No. F. 3-2/62-MII. dated the 17th October, 1962, namely: —

In the said notification, in the entries under the heading "Elected under clause (c) of section 3", for the existing entries against serials No- 2. 3 and 4, the follow- ing entries shall be substituted, namely: —

"2, Prof. B. K. Venkataraman, M.B.B.S., B.D.S,, M.S., Vice-Principal, Dental College, Bangalore-2.

3. Prof. Arup Kumar Dass, M.B.B.S., D.T.M.&H., B.DS., M.S., Principal

Dr- R. Ahmed Dental College and Hospital, Calcutta.

4. Prof. K. Ramachandran, B.Sc, B.D.S., F.D.S., R.C.S., Professor and

Head, Dental Wing, Madras Medical College, Madras"

[No. F. 3-3/67-MPTJ

ORDERS

New Delhi, the 18th October 1967

S-0- 3818 Whereas the Government of India in the late Ministry of Health and Family Planning has. by notification No. 16-12/60-MI, dated the Bth January, 1961 made in exercise of the powers conferred by sub-section (1) of section 14 of the Indian Medical Council Act, 1956 (102 of 1956), recognised the medical qualification M.D. (Western Reserve University, Cleveland) for the purposes of the said Act;

Now, therefore, in exercise of the powers conferred by the proviso to sub- section (1) of section 14 of the Indian Medical Council Act, 1956 (102 of 195G), the Central Government hereby specifies the period of two years with elTect from the date of this order or so long as Dr. Hibbard Harlan David who possesses the* said qualification*, continues to work with the American Peaoe Corps, Delhi Regional Office, New Delhi, to which he is attached for the time being for the purposes of teaching, research or charitable work, whichever, Is shorter, as the period to which the medical practice of the said Dr. Hibbard Harlan David shall be limited.

[No. F. 19-41/67-MFT.l

New Delhi, the 19th October 1967

S O. 3819.—Whereas the Government of India in the Ministry of Health and Family Planning has, by notification No. 18-1/65 MPT, dated the 14th June, 1905 made in exercise of the powers conferred by sub-section (1) of section 14 of the Indian Medical Council Act, 1956 (102 of 1956), recognised the medical qualification 'MD.' granted by the University of Alberta, Canada for the pur- poses of the said Act;

Now, therefore, In exercise of the powers conferred by the proviso to sub- aection (1) of section 14 of the Indian Medical Council Act, 1956 (102 of 1956), the Central Government hereby specifies a further period of two years with effect from the 22nd June, 1967 or 30 long as Dr. Ormond James Uptigrove who possesses the said qualification, continues to work in the Evangelical Alliance Mission, Amalner, District Jalgaon (Maharashtra) to which he is attached for the time

SEO. S(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/EARTIKA 6, 1889 4031

being for the purposes of teaching, research or charitable, work, whichever is shorter, as the period to which the medical practice of the said Dr. Ormond James Uptigrove shall be limited. Provided further that the said Doctor conti- nues to be enrolled as medical practitioner in accordance with the law regulating the registration of medical practitioners for the time being in force in the country of his origin.

[No. P. 19-43/67-MPT.]

L. K. MUR.THY, Under Secy.

(Department of Health)

New Delhi, the 20th October 1967

S-O. 3R20—Whereas in pursuance of clause (e) of sub-seclion (2) of section 3 of the Prevention of Food Adulteration Act, 1P54 (37 of 1954), the State Govern- ment of Mysore has rennminated Shri C. P. Hartman, M-Sc-, M-I.CE., Senior Chemist and Public Analyst, Public Health Institute, Bangalore as a member of the Central Committee for Food Standards representing that Government;

Now, therefore, In exercise of the powers conferred by sub-section (1) of sec- tion 3 of the said Act the Central Government hereby directs that Shri C- P. Hart- man, Senior Chemist and Public Analyst, Public Health Institute, Bangalore, shall continue to be a member of the Central Committee for Food Standards.

[No. F.14-25/67-PH.]

M. C. JAIN, Under Secy.

DEPARTMENT OF COMMUNICATIONS

(P. & T. Board)

New Delhi, the 16th October 1967

SO. 3821—In pursuance of para (a) of Section III of Rule 434 of Indian Tele- graph Rules, 1951, as introduced by S.O. No. 627, dated 8th March, 1960, the Director General, Posts and Telegraphs, hereby specifies the 1st November, 1£67, as the date on which the Measured, Rate System will be introduced in Kala- masaeri Telephone Exchange.

[No. 6-49/67-PHB.]

D. R. BAHL,

Asatt Director General (PHB).

4032 1 'HE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIK.A 6, 1889 [PART I I-

(P. & T. Board)

New Delhi, the 18th. October 1967

S O. 3823 In pursuance of para (a) of Section III of Rule 434 of Indian Telegraph Rules, 1951, as introduced by S.O. No. 627, dated 8th March, 1960, the Director General, Posts and Telegraphs hereby specifies the 1st November, 1967, "3 the date on which the Measured Rate System will be introduced in Chandra- ..firi, Tirumalai and Benigunla in the local area of Tirupati Telephone Exchange.

[No. 5-50/67-PHB.]

M. M. WAGLE,

Director of Phones (E).

CENTRAL ELECTRICITY AtJTHORITT

New Delhi, the 17th October 1967

S.O- 3825.—In exercise of the powers conferred by Sub-Section 6 of Section 3 of the Electricity (Supply) Act, 1948, the Central Electricity Authority hereby appoints Shri Badal Sen Gupta, Assistant Director, CW.&P.C- (PW) as Assistant Director in the Eastern Regional Electricity Board, with effect from the forenoon of the 25th September, 1967, until further orders.

[No. 21/8/66-Adm.L]

M. M- DHAWAN, Under Secy. for Chairman, CEA.

MINISTRY OF INFORMATION AND BROADCASTING

New Delhi, the 9th October 1967

S.O. 3826.—In exercise of the powers conferred by Section 6(1) of the Cinema- tograph Act, 1952 and sub-rule (3) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules, 1958, the Central Government hereby appoints following persons after consultation with Central Board of Film Censors, as a member of the Advisory Panel of the said Board at Madras with immediate effect

1. Smt. R. Shamanta- 2- Shri T- Neolakantan- 3. Mrs. Soundra Kallasam-

INo. 11/3/65-FC-]

SEC. 3(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 4033

New Delhi, the 18th October 1967

S.O. 3827.—In exercise of the powers conferred by Section 5(1) of the Cine- matograph Act, 1952 and sub-rule (3) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules, 1958, the Central Government hereby appoints Mr. Yousuf Kokan after consultation with Central Board of Film Censors, as a member of the Advisory Panel of the said Board a,t Madras with immediate effect-

[No- 11/3/65-FC.I

H. C. KHANNA, Dy. Secy.

MINISTRY OF INDUSTRIAL DEVELOPMENT AND COMPANY AFFAIRS

(Department of Industrial Development)

New Delhi, the 20th October 1967

S.O. 3828/15/IDRA/3/67.-—In the notification published in the Gazette of India Extraordinary dated the 25th August 1967, ordering investigation into the affairs of M/s. Samastipur Central Sugar Company Ltd., Samastipur, District Darbhanga, Bihar, the words "Industrial (Development and Regulation) Act, 1951" appearing in the sub-paragraph (iii) may be read as "Industries (Deve- lopment and Regulation) Act, 1951".

[No. 9(2)/Lie Pol-/67.|

R. C SETHI, Under Secy.

(Deparinlint of Industrial Development)

(IMDI-1N STANDARDS INSTITUTION)

New Delhi, the 10th October 1967

S.O- 3829.—In pursuance of sub-rule (1) of Rule 4 of the Indian Standards Institution (Certification, Marks) Rules, 1955 the Indian Standards Institution hereby notifies that the Standar 1 M i r^ .i2ji."-ns of which together with the verbal description of the designs and the titles of the relevant Indian Standards ere given in the Schedule hereto annexed, have been specified.

The¹:-.' Stan.iirJ Mirks fo<~ the purpose of the Indian Standards Institution (Certification Mark<1 A::, 1952. and the Rule? and Regulations framed thereunder, sho'l come into force with effect from the dates shown against each :

THE SCHDIILE

Design of the

No. and Title of the Relevant Indian

Prod ict/Cljss ot Pro.luct

Date of Effect SI. No.

S candard

Verbal Description of the Design of the Standard Marks

Standard M.irk

6 3

4034 T HE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

2. IS : 3564 Door closers (hydraulically regulated)

IS : 3^64— [966 Specification for aocr closers (hy- drau.'icaliy regu- lated)

The monogram of the 16 Octo- ber 1967 Ind.'an Standards Institution consisting of letters '1ST, drawn in the exact style and relative proportions as indicated in col (2,1, the number designation of the Indian Standard being superscribed on the top side of the monogram as indicated in the design.

[No. MD/i7:2.]

S. O. 3830.—In n ir"nn"e of s'lb-re^atation (3) of regulation 7 of the Indian Standards Institution (Cerfifieati *n Morks) Regulations, 1955, the Indian Standards Institution hereby notifies that the marking fee's) per unit tor pipes and door closers, details of which are given in the S ;hedule hereto an ie\ed, h >ve been determined and the fee(s) shall come into force with effect from the dates shown against each :

THE SCHEDULE

Product/Class of

Unit

Products

No. and Title of Relevant Indian Standard

Date of Effect SI. No.

Marking Fee per Unit

( 2)

(3)

(4)

(6)

(5)

( 1)

Sand cast iron soil

Rs. i-00

1 October pipes

1967

One Tonne

IS : 1729—1964 Specification for sand cast iron spigot and socket soil, waste and ventilating pipes, fittings and accessories.

One Piece 15 Paise 16 October Doors closers (hydrau- lically regulated)

1967

IS : 3564—1966 Specifica- tion for door closers (hy- draulically regulated)

[No. MD/i8:2]

New Delhi, the 13th October 1967

S.O. 3831—In licences No. CM/Lr-1490, 1491 and 1492, held by M/s- Polypharm Private Limited, 29 Panchpakhadi, Opp: Castle Mills, Khanna Compound, Agra Road, Thana having their office at 8 Tamarind Lane, First Floor, Spinnder Build- ing, Fort, Bombay-1, the details of which have been published under S- O- 3338 in the Gazette of India, Part II, Section 3, Sub-section (ii) dated 23 September 1967, the list of articles of these licences have been revised as under with effect from 1 September 1967:

Licence No.

Revised Article

CM/L-1490

Sulphuric Acid, Analytical Reagent and Pure Grades

only

Nitric Acid, Analytical Reagent and Pure Grades only Hydrochloric Acid, Analytical Reagent and Pure Grades CM/L-1491 CM/L-1492

only

[No. MD/12:2222-A.]

SEC. 8(ii)] THE GAZETTE OF INDIA: OCTOBER 28, 1967/KAR.TIKA 6, 1889 4035

New Delhi, the 19th October 1967

S.O. 3832.—Tn pursuance of sub regulation (4) of regulation 14 of the Indian Standards Institution (Certification Marks) Regulations, 1955, as amended from time to time, the Indinn Stnndards Institution Wereby notifies that in licence No. CM/L-564. particulars of which are given beir.w the list of articles has been revised with effect from 1G August 19fi7:

Name and address nf Article/process covered Relevant Ind;an SrandarJ I.:ccni.e No.

the licensee

by the licence

and ila'c

CM/L-564 M/s. Assoc'a'ed Tube Flush'nR C's^crns, H;gh IS:774—TQ(i4 SPec'fkaHon 19-7-63 Wells iTncTai P v. L'd, Level 12.5 1'tres capa- for Flush'ng C'sterns for Mi'dnagar having 'heir e'ty

[No. MD/55 : 564-11

(DR.) SADGOPAL, Dy. Director General.

MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION

(Department of Labour & Employment)

New Delhi, the 13th October 1967

S.O, 3833—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 ot 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta, in the matter of an application under section 33A of the said Act from Shri Gauda Dome, Pump Khalasi, C/o Co'MJery Mazdoor Sabha, Post Office Raniganj (Burdwan) which was received by the Central Gov- "ernment on the 6th October, 1967.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

Misc. Application No. 6 of 1967

Misc. APPLICATION NO. 6 OF 1967

PARTIES :

Shri Gauda Dome, Pump Khalasi, C/o. Colliery Mazdoor Sabha, P.O. Raniganj (Burdwan),—Applicant.

Vs.

Manager, Ramnagar Colliery, P. O. Pandaveswar (Burdwan)—Opp. Party.

PRESENT:

Shri S. K. Sen Presiding Officer.

APPEARANCES:

On behalf of Applicant.—Shri P. Das Gupta, Advocate.

On behalf of Opp. Party,—Shri S. S. Mukherjee, Advocate.

STATE: West Bengal.

INDUSTRY: Coal Mine.

AWARD

GedatT? Gauda Dome, Pump Khalasi, was dismissed by the Management, Ram- nagar Colliery, on 26th July 1968, alter separate domestic inquiries on two charge- sheets, (i) for abusing and threatening the Manager on ]8th June 1966, (ii) for being concerned in perforating the underground high voltage cab'e on 9th June 1966. Gauda Dome filed an application under section 33A of the Industrial Dis- putes Act on 22nd May 19H7 before the Tribunal, Calcutta alleging that the Management had not complied with the provisions of Section 33 of the Act, there being a Reference case concerning some workmen of Ramnagar colliery pending before the Tribunal (at Dhanbad) on 26th July 1966. On 30th September 1986, the applicant through his Advocate filed an application for withdrawal of the

4036 T HE GAZETTE OF INDIA : OCTORER SJ8, 1967/KARTIKA 6, 1889 [PART I I-

application U/s. 33A, as the applicant wants to apply to the appropriate Concilia- tion Officer for relief. Order 39 of the Civil Procedure Code relating to with- drawal of plaints and applications does not apply to proceedings before the Indus- trial Tribunal. But as the application under Section 33A is not pressed, it is dis- missed.

(Sd.) S. K. SEN,

Presiding Officer.

Dated Calcutta,, the 30th September 1967.

[No. 6/H8/65-LRII.]

S.O. 3834.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes th? following award of the Industrial Tribunal, Calcutta, in the matter of an application under section 33A of the said Act from Shri Babulal Passi, C/o. Colliery Mazdoor Sabha. Post Office Raniganj, Burdwan, which was received by the Central Government on the Cth October. 1967.

CENTRAL GOVERNMENT INDUSTRIAL, TRIBUNAL, CALCUTTA,

Misc. APPLICATION NO. 3 OF 1967

(Arising out of Reference No. 86 of 1966.)

PARTIES:

Shri Babulal Pass! C/o. Colliery Mazdoor Sabha, P.O. Raniganj (Burdwan) —Applicant.

Vs.

Manager, Ramnagar Colliery, P.O. Pandaveswar (Burdwan)—Opp. Party.

PMSENT:

Shri S- K. Sen, Presiding Officer.

APWAHANCIS:

On behalf of Applicant.—Shri P. Das Gupta, Advocate.

Oon behalf of Opp. Party.—Shri S, S. Mukherjee, Advocate.

STATE: West Bengal.

INDUSTBY: Coal Mine.

AWARD

Babulal Passi, a dresser was dismissed by an order of the Management on 27th August 1966, on the finding made after a departmental inquiry thai he was res- ponsible for cutting or perforating the insulted electric cable in the mine on 24th June 1966- He fllfcd an application under Section 33A of the Industrial Dis- putes Act, on 22nd May 1967 before the Tribunal at Calcutta, alleging that " Reference case was pending regarding some workmen of Ramnagai colliery on 27th August 1066 (before the Tribunal at Dhanbad) and the Management did not obtain the Tribunal's approval U/s. 33(2) (b) of the Act. On 30th Septem- ber 19(57, the date fixed for the hearing of the application, the applicant has filed a petition seeking to withdraw the application as he desires to move the Concilia- tion Officer for a sett'ement. Order 39 of the Code of Civil Procedure has not beien made applicable to proceedings before the Tribunal. The application under Section 33A of the ID. Act is dismissed as it is not pressed.

(Sd.) S. K. SEN,

Presiding Officer.

Dated Calcutta, the 30th September. 1967.

[No. 6/118/65-LRn.]

S.O. 3835 In pursuance of section 17 of the Industrial Disputes 1947 (14 "t 1947), the Central Government hereby publishes the following award of th" Industrial Tribunal, Calcutta, in the industrial dispute between the employers In relation to the Dalmiya Colliery, Post Office Salanpur, Burdwan and their work^ man, wliich was received by the Central Government on the 6th October, 1967.

fcc, S(ii)] THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 4037

CENTRAL, GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO. 4 or 1967

PARTDCS:

. Employers in relation to the Dalmiya Colliery,

AND

Their Workmen.

PRESENT:

Shrl S. K. Sen, Presiding Officer-

AJPHAHAJTCM:

On behalf of Employers.—Shri S. S. Mukherjee, Advocate. On behalf of Workmen.—Shri H. H. Mukherjee, (Concerned workman).

STATE: West Bengal.

INDUSTRY: Coal Mine.

AWARD

By Order No. B/61/66-LRIT dated 6th January 1967, the Central Government referred for adjudication an industrial dispute between the employers in rela- tion to the Dalmiya Colliery, P. O, Salanpur, Burdwan and their workmen in respect of the matters specified in the following schedule:

"Whether the termination of service of Shrl H. H. Mukherjee, Electric Supervisor of Dalmiya Colliery with effect from the 13th June 1966 was justified? If not, to what relief is he entitled?".

2- Shri H- H- Mukherjee was appointed as Electric Supervisor of Dalmiya Colliery with effect from ]6th March, 1966; the appointment waa subject to three month's probation. Before the completion of three months i.e., on 13th June, 1966 the appointment was terminated by the management. According to the cass let out in the written statement of the workmen, H. H. Mukherjee became a member of the Colliery Mazdoor Union and took part in union activities at Dalmiya Colliery; the management asked him not to remain a member of the union as he was a Supervisor and as H. H. Mukherjee did not agree to sever his connection with the trade union, the management withejut assigning any reason terminated his alervice by a letter dated 13th June 1966. The "Colliery Ma/door Union referred the case of H H. Mukherjee to the A- L. C- Central Asanaol- Before the A.L.C., C, Asansol, the management took the stand that H. H. Mukherjee'a work as Electric Supervisor was not satisfactory as he remained absent on flimsy ground on many occasions and as the result of insufficient super- Tision of the electrical system there was a serious break down of the electrical system on 26th May 1966 causing loss of several thousands of rupees to the com- pany; that H. H. Mukherjee refused to stay at the colliery and as the company was not satisfied with his work and conduct, he was informed about the 1st of June, 1966 that his services would be terminated and he was given 10 or 12 days time to flnd out another job. Thereafter tho letter of termination of service ivas given to him on 13th June 1966. According to the union, if H. H. Mukherjee'^ work was found to be unsatisfactory he should have been chargesheeted for such un- satisfactory work and without such proceedings his appointment could not be summarily terminated.

3. According to the management however, the management had the right to terminate his services summarily without notice within the probationary period and it was Immaterial whether or not H. H. Mukherjee had committed a mis- conduct for which a proceeding might have been started against him- Further. according to the management it was not because of any particular misconduct but because his work was unsatisfactory that his services were terminated before the completion of the probationary period, and ihe management was entitled under the terms of appointment to terminate the services of H. H. Mukherjee in that manner.

4. In his evidence before the tribunal, H. H. Mukherjee has stated nothing about the management being dis-satlsfled because he joined the union and re- fused to give up connection with the union. He has stated that with the per- mission of the manager, Sri B. Ghose, he took up a part-time work as Electric Supervisor in a neighbouring colliery, namely Alkusa-Gopalnagar colliery from 1st June, 1966 and thereafter the manager asked him to give up the part-time

4038 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

job at Alkusa Gopalpur colliery and take a part-time job at Bonblddi colliery where also Sri B. Ghose was working as the manager and as there was no suit-" able quarters for him either at Bonbiddi or at Dalmia colliery whereas he got suitable quarters at Alkusa-Gopalpur Colliery, he refused the manager's request and so the manager was angry with him and terminated his services for that reason.

5. But this account of why the manager was displeased with him does not occur either In the written statement filed by the union on behalf of the work- man concerned or in the statement of the case before A. L. C. Central Asonsol made by the then union Secretary, Keshab Banerjee, on behalf o£ the workman. In the circumstances, this account cannot be accepted. The reason given, in the written statement, namely, that the manager was displeased because he refused to sever his connection with the union, cannot also be accepted because no such case was suggested by H. H- Mukherjee in his evidence before the tribunal. The management has filed three letters Exts. C, Cl and C2 to show that H. H. Mukherjee absented hi.njelf lor 3 '.layp during April and G days in May. Th" reason given by Sri Mukherjee during his evidence that this was mainly due to break down in one of the bus services which he had to catch in order to go from his rented house at Asnnsol to the colliery situated at a distance of about 20 miles. But according to the conditions of service he wrvs expected to reside in the colliery area where he was appointed. Sri Mukherjee's evidence is that he was not provided with quarters at Dalrnia colliery, but the in-charge, Bidya- pati Chakravorty, who deposed on behalf of the management, stated that the Incumbent of the post of Electric Supervisor occupied cno of tho staff quarters at Dalmia colliery both before and after the tenure of Sri Mukherjee, Possibly Sri Mukherjee did not consider the available quarlers as suitable for him. In any case, if the management did not consider his work satisfactory the manage- ment could terminate the service before the completion of the period of proba- tion. The Standing Orders of the colliery have been produced before the tribunal. The Standing Orders distinguish between a permanent workman and a proba- tioner. A permanent workman is defined as one appointed against a permanent post who has satisfactorily put in 3 months of continuous service ns a proba- tioner. A probationer Is defined ns one who Is appointed against a permanent vacancy but who is provisionally employed and has not completed the period or 3 months. Under clause 14 of the Standing Orders, it is only permanent monthly paid workmen who have to be served with one month s notice for termination of service. For probationers and for temporary workmen no such notice is required. That being so. it cannot, be said that the termination of ser- vice of Sri H. H. Mukherjee as Electric Supervisor was unjustified.

6. My award therefore is that the termination of service of Shri H. BL Mukherjee, Electric Supervisor of Dalmia Colliery with effect from 13th June, 1966 was not unjustified because the termination was made before the comple- tion of the period of three month's probation, Accordingly, Shri H- H- Mukherjee, fa not entitled to any relief.

(Sd) S- K. SEN, Presiding Officer- Dated. SOth September, 1967.

[No- 6/61/66-LRIL]

New Delhi, the 16th October 1967

S-O. 3SSG—In pursuance of section 17 of the Industrial Dispute?: Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta, In the industrial dispute between the employers In relation to the Selected Samla Colliery of Messrs Selected Dalurband Coal Company (Private) Limited, Post Office Pandaveshwar, District Burdwen and their workmen, which was received by the Central Government on the 30th September, 1967.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL. CALCUTTA REFERENCE NO. 66 or 1967

PARTIES :

Employers In relation to the Selected Samla Colliery of Messrs Selected Dalurband Coal Company (Private) Limited,

AND Their Workmen.

PRESENT :

Shri 8 K- Sen—Presiding Officer.

Sec. B(U)] THE GAZETTE OF INDIA : OCTOBER 28, 1987/JLARTIKA 6, 1889 4039

APPEARANCES :

On behalf of Employers—

Shri K. P. Mukherjee, Bar-at-Law-

Shri R'. L. Gupta, Manager and Shri P- P. Tewari, Chief Personnel Officer

On behalf of Workmen—

Shri Benarasi Prasad Azad, General Secretary- Shri Guru Prasad Singh, Jt. General Secretary,

Khan Shramik Congress.

STATE: West Bengal-

INDUSTHY: Coal Mlnea-

AWARD

By Order No. 6/127/66-LRII, dated 24th August, 1967, the Central Government referred lor adjudication an industrial dispute between the employers in relation to Selected Samla Colliery of Messrs Selected Dalurband Coal Company (Private) Limited, P.O. Pandaveshwar, District Burdwan, and their workmen represented by the Khan Shramik Congress In respect of the matter specified in the following schedule :

"Whether the demand of the workmen ol Selected Samla Colliery (Post Office Pandaveshwar, District Burdwan) of Messrs Selected Dalurband Coal Company (Private) Limited, who had gone on strike from the 1st August, 1966 and are not working at the said colliery, that they should be allowed to resume their duties and paid full wages and other benefits with retrospective effect from the 1st August, 1S66 was justified? If so, to what relief are the workmen concerned entitled and from which date?"

2- After Issue of notices by the Tribunal, the parties have appeared to-day (27th September, 1967) before the Tribunal and filed a joint petition enclosing 8 memorandum of settlement. The memorandum of settlement Includes as Annexure 'A' the names of 385 workmen who went on strike from Lit August, 1968 Including 71 workmen against whom orders of dismissal '.veie passed by the management after departmental enquiry. Work at the colliery was resumed from 1st November, 1966 with new men In place of the striking workmen and thereafter the Khan Shramik Congress applied to the A.L.C-, Central, RanlganJ for intervention. Tho matter was referred to adjudication as there was no settlement before the A.L.C-, Central, RaniganJ. The parties have now agreed that the 71 workmen who. were dlmlssed on the basis of the disciplinary proceedings will have no claim against the management, the names of these 71 workmen being mentioned in Annexure B; that the management will re-employ In perma- nent vacancies arising within 3 months from this date the 100 workmen whose names are listed in Annexure Al or so many of them as may be provided lo permanent vacancies occurring within the period, there being no liability on the part of the management to consider their cases after the expiry of 3 months; that an ex-gratia payment at the rate of Rs. 200 per head shall be made to the 50 workmen whose names arc listed in Annexure C und that the management shall further pay a sum o£ Rs. 4,000 to the Khan Shramik Congress for relief of such of the striking workmen as by reason of financial difficulties duo to drought ID Bihar and West Bengal deserve for such payment.

3. The terms must be considered satisfactory for both parties concerned and are accepted and an award Is made in terms of the joint petition and the memo- randum of settlement which are made parts of the award

(Sd ) S- K. SEN,

Dated, 21th September, 1967.

Presiding Officer.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

IN THE MATTFR OF REFERENCE NO. 66 or 1967

AND

IN THE MATTER OF

Employers in relation to thp Selected Samln Colliery (Owners- Selected Dalurband Coal Co. P. Lirl.). p.O- Pandaveshwar, District Burdwnn

AND

Their Workmen employed at the above-mentioned Colliery and represented by Khan Shramik Congress, a Registered Trade Union of the work- men employed at the above-mentioned Colliery and having Its Office at P.O, Ukhra, Ditrict Burdwan

404O THE GAZETTE OF INDIA : OCTOBER 28, 1%7/KARTIKA 6, 1889 [PART I I-

The humble joint petition on behalf of the parties, above-named, most *espectfully sheweth: —

(1) That this reference is pending adjudication before this Hon'ble Tribunal and the parties herein have already received notices from this Hon'ble Tribunal for submission of their respective written statements. (2) The parties herein, In the meantime entered into mutual negotiations relating to the subject matter of the reference pending adjudication proceedings and entered into Memorandum of Settlement dated, the 27th September, 1967, a copy whereof is annexed hereto and marked "A". That in view of the Settlement of the dispute pending adjudication before this Hon'ble Tribunal, the parties herein submit that an Award be made by this Hon'ble Tribunal recording Settlement out of Court the subject matter of the pending adjudication proceedings or In the alternative an Award Incorporating the above-mentioned Memorandum of Settlement.

Your petitioners, therefore, jointly prav that this Hon'ble Tribunal be pleased to record the Settlement out of Court of the subject matter of the present adjudi- cation proceedings. Alternatively the petitioners jointly pray that an Award b" made Incorporating the above-mentioned Memorandum of Settlement.

YOUT petitioners as in duty bound shall ever pray-

Doted, the 21th September, 1967

For the employees BKNABASI SINGH AZAD,

For the Company P R EM p j j^ TIWABI,

Chief Personnel Officer.

General Secy of. Khan Shramik Congress.

RAM LAKHAN GUPTA, GURU PRASAD SINGH. Joint General Secretary. Manager,

Selected Samla Colliery.

27-9-1967

MEMORANDUM OF SETTLEMENT Wmnws of the Parties; Selected Samla Colliery (Owners' Messrs. Selected Dalurband Coal Co. P. Ltd.) having its Colliery, P.O. Pandaveshwar, District Burdwan and their Workmen employed at the above- mentioned Colliery represented by Khan Shramik Congress, P.O. Ukhra, District Burdwan.

M*wr*mting the Employers: 1. Shri P- P. Tlwari, Chief Personnel Officer at

the Selected Samla Colliery.

2. Shri R. L. Gupta, Manager of the Selected

Samla Colliery.

Rtpftevtina the Workmen: l.Shri Benarasi Singh Azad, General Secretary

Khan Shramik Congress, P.O. Ukhra, District Burdwan.

2. Shri Guru Prasad Singh, Joint General Secre- tary of Khan Shramik Congress, P-O- Ukhra, District Burdwan.

Short Recital of the Case.

¹i!ja t,Ah a n

ti,S h£iYl a!c ConSress, the registered Trade Union of the WorkmeM •mployed by the Selected Samla Colliery of Messrs. Dalurband Coal Co P Ltd

Mi*- A uSu s t' 19O8 on the Manager of the Colliery as well as other criminal

Snc. 8(ii)] TJJE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 8, 188" 4041

(Further, the appropriate Government on the basis of such representations made the reference dated the 24th August, 1967 to the Central Government Industrial Tribunal, Calcutta relating to the demand of the workmen who had gone on strike from 1st August, 1S66 and are not working at the above-mentioned Colliery- On behalf of ,the workmen of the above-mentioned Colliery, Khan ghramik Congress negotiated the subject matter of the above-mentioned reference at present pending before the Hon'ble Central Government Industrial Tribunal and after mutual discussions and negotiations with the Employees it is agreed fcetween the parties as follows :—

Terms of Settlement

(1) The parties agree that the total number of workmen who had gone on strike from 1st August, 1966 and are not working at the above- mentioned Colliery are 385 persons including 71 workmen who were dismissed by the Company for departmental enquiry. List of such L8S Workmen is annexed hereto as Annexure 'A' to be treated as a part hereof-

(2) The parties agree that the subject matter of the above-mentioned refer- ence dated the 24th August, 1967 is settled out of Court and the work- men who are affected by the above-mentioned pending reference have got no further dispute and/or demand as all such demands and/or disputes including the claim of re-employment or reinstatement are settled out of Court-

<3) As special case the Company agrees to pay a aum of R". 4,000 (Rupeea Four thousand) in all to such of the workmen concerned in the above- mentioned reference as for genuine reasons of financial difficulties duo the decision of Khan Saramik Congress relating to such deserving workers shall be final. The Company shall on tht" date of plgninj the present Memorandum of Settlement pay the above-mentioned amount to the Khan Shramik Congress for the purpose ol disbursement to the deserving workers concerned.

<4) The Company agrees to consider the cases of one hundred workmem as suggested by Khan Shramik Congress for giving preference for employment in future at the above-mentioned Colliery, in case there be any permanent vacancy within three months from the date of signing the present Memorandum of Settlement, provided such workmen are required for any particular permanent Job in which such worker was employed prior to 1st August, 1968- The names of such 100 (one hundred) workmen are stated in Annexure "A" to the present Memorandum of Settlement, to be treated a part hereof. After such period of three months, the Company shall have no liability to emploj such workmen.

<8) The parties herein agree and confirm that the dispute, if any, relating to 71 Workmen against whom departmental disciplinary proceeding* were instituted are settled and in future such persons shall have no claim whatsoever against the Company. The names of such 71 workmen are given in Annexure "B" t0 the present Memorandum of Settlement to be treated as a part hereof.

(6) The Company further agrees to sympathetically consider the cases cf the fifty workmen whose names have been suggested by the Khan Shramik Congress for ex-gratia payment of Ra. 200 (Rupees Two Hundred) to each of such workmen. The names of such fifty workmen are stated in the Annexure "C" hereto to be treated as part hereof. Such payments shall be made by the Company to these fifty workmen provided for such payments, the General Secretary of the Union counter- signs the payment voucher to such individual workmen and identifies each of such fifty workmen.

(7) The workmen and the Union agree and confirm that all claims, disputes, differences and demands are hereby mutually settled and there shall be no further claim, agitation and/x>r demand relating to the said 385 workmen who are covered under the said pending reference before the Central Government -Industrial Tribunal, Calcutta.

<8) The parties herein further agree that a Joint petition shall be submitted by the parties herein before the Hon'ble Central Government Industrial SS?m.IiI>*h^C U t t aAW l t^ J⁰ i nt p r a y er f or r e c°rdms the present settle- " £• ?* •" A^ £rd Is m a d* by t be Bfdd Hon'ble Tribunal lncorpo^

rating, if necessary, the present Memorandum of Settlement or an K

4042 T HE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6. 1889 [FABT H~

recording that the parties herein have mutually settled the present matter out of Court.

Dated, the 27th September, 1967. For the Employers :

For the Workmen :

BENARASI SINGH AZADV PBEM PHAL TIWAKI Chief Personnel Officer. General Secretary of

RAM LAKHAN GUPTA,

Khan Shramik CongreBB Manager, Selected Samla Colliery¹

of Ukhara-

27-9-1967-

Witnesses:—

UTJRU FRASAD SINGH, Joint General Secretary.

ANNEXTJHE A

Designation

S. No Name

( i)

( 2)

Asstt. SJrdar Endless Haulage Khalasi CHpman W/15, Driver.

—do—

Pump Driver" Blacksmith Helper

1. 2. 3. 4. 5- 6. 7. 8.

3.10-

Surface Trammer

" r *

W/E- Driver

, .

Fireman Endless Haulage Khalast Clipman F.R. Coolv S/ Trammer

. ..

" *.

* *-

f f

•i " .

. *"

. ..

Lath em an Latheman Helper L/Cleaner W/E. Driver Fireman Banksman W/E. Driver End/Kh. Fan/Kh. S/Trammer

Durga Pal ... Dasu Pasi ... Bisto Dome.. Budhan Bastl Kisan Ram Kahar Akal Das ... Parmaswar Mlstry Topeswar Singh Kalipada Mondal Trisul Gorasi Kamal Dome Khursed Khan Year Mohammed Baharam Khan Madan Sith Nakul Mondal Rupchand Mondal Islam Mia ... D, N. Das ... Haradhan Bagtl Kanhaya Prasad Mongal Dome Sanatan Das Nemal Bagti Sukra Tudu Ratan Karmarkar Motiram Rajvar Soharab Mia Ram Kisan Das Banshi Rat Bangali Rai Rim Pada Mondal Hiralal Chatterjee Netal Mondal Chetan Turl Mnrjur Khan

• - *

D/Helper Banksman P/Miner

11. 12. 13- 14. 15. 16. 17- IB- IS. 20. 21. 22- 23- 24. 25. 26. 27. 28. 29. 30. 31 32 33 34 35 3d 37 38 39 40 41 42 4:i 44 45 4 4r 4{

f t.

, I.akhlkanta Mai . Mohammed Khan . Santu Ram Kahar • Gosii Dhibar . Nanku Pasi • BasiKlPh Dome . Naru Murhi • TOUT;! Ram . Budha Muchl 3. Abdul Karim . KsmnHdin Mta . Santi SinHh

SEC. S(ii)} THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6. 1888 4043

SI. No. Name

Des-gnation

1 2

P/Miner

" • • ••

... ... ...

leader

. .

. .. * "• . . . .. , .

' **

. ..

*" ... ...

> •• • • •

•"

. ..

... . ... ...

['"

. ..

•?

. ..

Loader

• •

. .. . ..

)• Bhaba Dome 1. Matla Dome L. Kanak Dome !. Nakul Dome r I. Uma Shanker Rajva I. Ramvarat Shaw i. Ramkisan Muchi i. Karu Muchi 1. Jagdeo Bhuia :. Sura.i Bhuia '. Ch. Ganesh Yadav 1. Ramlal Harijan . Suku Harijan . Bimal Nunia • Ramruo Yadav . Bhuneswar Shaw . Ramdahin Shaw . Ramcharan Bhuia . Rambrich Bhuia . JNo- 2 MukdEo Dusac . Bimal Singh • Bali Smgn . Kuidio Ham . Ramkr t Das . Ka>Yib:ieh Das . Ramabatar Das . Pitamoar Yadav

. ..

.. .

• • *

" 5C 51 52 53 5^ 5E 56 51 S8 5b 60 61 62 63 64 65 66 6? 68 69 7U 71. 72. 73 74. 75. 76. 77 78. -. 79.

.. *

. ..

" < . . .. .. . . .

"•

"11

. ..

*•

- .

)•

. ..

•>

. ..

*•

"•

Onsc'.t.r

P- D -.'vrr

P/Dr'vcr

L '.-jeii-ier

. ..

Amrit Yadav . Bodhi Mahato Sukar Mahato Sheodhari Ahir Budhars Bhar Bahal Bhar Jagu Kahar Feku Kabar Abdul Sekh Bulaki Mia Rambrich Gore Rambrich Ba.hi Banshi Jesowara Lakhan Jrsowara Subedar Kuri Sardari Pasi Shankar Pisi Fouzdar Kuri Ramcharan Kuri Siut Pasi Jagdeo Yadav Budhan Suren Rupu Shaw J'tan Das Debi Chqran Sonar Vn. ?. Mukdeo Dusad Riio D?s Birq r-^nesh Yadav . Bod: ?' 'i Dulnl ,?:•> Pati"h C' I'lP'jej PudaT;: ^"n\v Fhva"i Nc'f-n Singh Cunadbar Sith JTpr.;-.-:.^

B.M. Pc'oer H/Dvi\?r Exp. Carrier Looseman

„

Trairimer

. .. . .,

80 81. 82. 83. 84 85- 86. 87. 88- 89. 90. 91. 92- 93- 94. 95. 96. 97- 98. 99. 100. 101. 102. 103. 104. 105. 106- 107. 1P8. 109. 110 111. 112. : 113. 114. i

•Ra-bal' P'ngh IVTusud Mi'.1 K'it\ir;i Dome Sristi Dome

•

4044 T HE GAZETTE OF .INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PAW I I-

SI. Is To- Name

Designation

Trammer

...

P/Cooly

. ..

...

Spraying Mazdoor Stowina Mazdoor M/Driver Stowing Mazdoor P/Driver P/Miner

...

... ... Loader

•p

... ...

..-

...

"•

...

Onsetter P/Driver

•f

... ... ... •..

t m

U/G.H./Drlver Onjetter L/Helper P/Mistry

...

... ...

...

P/Helper P/Helper M/Helper

Exp. Carrier Trammer

Gobardhan Sith Balram Bhandari Nlranjan Bhandari Keso Shaw Bikari Shaw Chuiika Bisra Dewan Suren Jharia Suren Bineshwar Mahato Mansa Majl Somra Maihi Suknandan Ahlr Bali Ahir Kuldip Singh Netai Upadhayaya Arun Bauri Satu Dome Bahadur Ral Ramnandan Harijan Jagannath Das Papan Jesowara Tilku Jesowara Deobaran Rajvar Abdul Aziz Banai Harijan Ramkal Kahar Ramdhari Bhagat Chandrabali Gope Hira Rajvar Deosi Harijan Bedesl Harijan Munilal Gore Tlloki Daa Raghu Shaw Banatal Rajvar Bisan Tanti Bejoy Das Dolgobinda Mondal Radhashyam Mondal Tarapada Ghosh Mathura Dome Ramcharan Past Rasbehari Dome Ch. Basdeo Ram Haru Dome T. Budhaya Nasir Mia Muslim Mia Chitu Pasi Sabrati Miah Supal Ghosh Amar Muchi Karnadhar Ral Jamruddin Mia .Tabed Khan Madhusudan Yadav Abbas Mia Lakhan Ral Ajii Khan Rabi Ral

Loader

•F

118. 116. 117- 118- 119. 120. 121. 122. 123. 124. 125. 126. 127- 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141 142- 143. 144. 145- 146 147. 148. 149 180. 151. 152. 153. 154. 165. 156 157- 158. 159. 160. 161. 162 163. 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181

• Blrbal Jesowara Fursati Jesowara Somaru Jeaowara Muruli Jesowara Ramrup Jesowara . Sudasan Jesowara Mangru Jesowara

fee. 5(U)] THE GA2KTTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 4045

Designation

SI. No. Name

Loader

... ..

„

• •

.. ... ..

„ „ „ „ „ ,,

... . •

• •# **"

„ >.

". •

• ** • • •

... ... ... • • • •

...

•>

•1

• ••

* T-

• >

4 * # t

... ... tar.

• >

* **

i >'

. ..

• •

.• •-

. .<

* •*

. .. . ..

* •"

. ..

•>

™-

. ..

>. •

• -,

. ..

• •

• r •

L- ',

• 1

!•:•; mf.

• •

. *.

- .•

D . .. . ..

• '

I' •,

. ..

" .

Ti /T~\ i

• # •

• ..

• *\

P/Driver onsetter P/Driver

. .. . ..

. ..

al .'.'.

H/Driver

. ..

...

182. Kewaldhari Gosai 183- Chandravan Kurml 184- Mosai Pasi 185. Naresh Pasi 186. Shyamlal Rajvar 187. Sonai Jesowara 18-8. Vaju Das 189- Jagnaran Rajvar 190. Harllal Rajvar 191. Srlnath Rajvar 192. Kamla Rajvar 193. Dasarath Bhuia 194. No- 2 Dasarath Bhuia ... 195. Sheratan Rajvar 196- Swaminath Kuri, 197. Isrile Mia 198. Basra! Mia 199- Gofur Mia 200w Sajnu Ahir 201. Banarasl Kahar 202. Budhu Kahar 203. Dalu Mia 204. Rasul Mia 205. Mohammed Rasul 208- Hasnu Mia 207- Hanif Mia 208. Sadakat Mia 209- Seonath Barhi 210. Tota Dusad 311- Bechu Harljan 212. Ram Nath Harijan 213. Ramadhar Harljan 214- Sukhari Munia 215. Bikram Pasi 216. Ramabatar Ahlr 217- Banarasi Jesowara 218. No- 1 Ramnath Jeoowara 219. Mahangu Jesowara 220. Harhangl Barhi 221. Atwaru Chowhan 222- Ramrup Yadav 223- Kiola Bhuia 224. Bira Bhar 225. Amblka Singh 226. Ramchander Singh 227. Balmik Singh 228- Ramkishan Singh 229- Banshi Singh 230. Jakhu Ram 231, Tineshwari Mahato 232, Kasi Harijan 233. Rambrich Harijan 234. Budhan Harijan 235. Chandradeo Ahir 23(5. Basdeo Ram 237. Fulchand Ahir 238- Kalipada Sith 239, Paban Rai 240. Mahadeb Bagti 241. Dharamdas Mond 242. Ganda Rai 243. Seo Mondal Singh 244. Sahathl Jesowara 245- Serajuddin MIfl 246. Suleman Mia

P/Heper L/Heper Looseman

4046 THE GAZETTE OF INDIA: OCTOBER 28, 1987/KAfi.TIKA ", 18S" (PJW" I I-

SI. No. Name

Designation

                                   M/Helper
                                   Exp-  Carrier
                     . ..          Trammer
   "*                                         •f
   ...               *  ri
                     . ..
   a .               . ..
                                             it
  . ..
                     . ..
   r ¥               . ..
  . F-               , .
                    • ..
                    . .*
  r -  -            - *.
                    >• •]         H/Driver  (Bunker)
                    , ,,          Fireman
  I * F                           L/Mlstry
                    * ..
                                  L/Heiper
                    • *'          D/Wagon  Loader
  - . .                                     fa
                    ,  *
 . ..                                       if
                                            ii
                                            ^
 - .-              .  •  •                  ij
 I * *             •  "
                   •  **                    11
                                           H
                                           pf
. ..               *  •  t
                                           PI
. I I              . .,                    II
                  *-  -
                   • |i
* " -                                      |f
. ..              , „,
. ..

....

* V

• •"

„ ,,

. ..

* .1

,*"

••

• I F

. ..

. I I

F- '

m ^

! - *•

r,M

„,„

•

. ..

• • •

• t -

1 > •

247 248 249 250 £51 232 253 254 255 258. 257 258- 259. 260. 261. 262- 263. 264. 265. 266- 267. 268. 269. 270. 271. 272. 273. 274. 275- 276. 277. 278. 279. 380. 281. 232. 283. 284. 285. 286. 287. 288- 289. 290. 291. 292. 1 293- ] 294. 1 295. 1 296. I 297. E 298- C 299. I 300. £ 301. B 302. C 303- S 304. F 30,1. E 306. C 307. J, 308. .T 309- B 310. F 311- D 312. L

. Chatu Prasad . Khitish Gope . AkLu Mia . Kasim Mia . Jugal Mia Jadu Mia Bara Rasid Mia All Mohammed Nani Gopal Das Firoz Khan Hamu Khan Tosu Khan Munilal Mondal Rasul Mia Bhutnath Mondal Kiriti Das S. K- Monaal Kan an Kr. Mondal Somi Much! Adari Much! Nathu Much! Basi Muchi Kisto Muchi Kama Muchi Sukbasi Sarali Muchi Basinl Muchi Anhela Muchi Gulam Muchi Sabi Muchi Punlt Bhuia Bara Ramsarup Bhuia Sohagi Bhuia Sadhu Bhuia Hamdhani Bhuia Fulia Bhuia Budhan Bhuia Jagdlsh Bhuia Sahadari Bhuia 3abulal Bhuia Kusml Bhuia Giridarl Bhuia Kalabati Bhuia Ch- Ramsarup Rahan Bhuia •Cisan Bhuia 3angali Bhuia "Cisan Bhuia 3irbal Chowdhurl Calicharan Nunia >araswari Bhuia 5echla Bhuia Lambrich Singh agunti Singh arad;iro Bhuia Jcuri Bhuia Ita Bhuia amesvvar Bhuia fsnn BNiia hetla Bhuia idu Bhuia amur.a Bhuia edc-si Bhuia ani Muchi asarath Muchi addu Muchi

SEC. >{il)] T HE GAZETTE OF INDIA: OCTOBER 28, 1967/KAS.TIKA I, 1889 AO*J

o. Name

SI. N

Designation

D/Wagon Loader

• • •I.

" **11

...

F • •

...

n " **

...

... ...

D/ Trammer

""-

** •f

...

**11 "

...

... ...

f ^

... . , ... ... , ,,

313. 314- 315. 316- 317- 318- 319- 320. 321. 322- 323- 324- 325- 326. 327. 328- 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339- 340. 341. 342- 343- 344. 345. 346. 347. 348. 349- 350.

351

... . ..

...

. . . ...

.. .

. . .

...

... ...

852. 353. 354. 35S. 356. 357. 358- 359. 360. 361. 362- 363. 364. 365- 366. 367- 368. 369. 37(1. 371. 372. 373. 374. 375. 376 377. 378 379.

Rabi Muchi Bandhu Bhuia Ganl Bhuia Basdeo Bhuia Jetu Bhuia Sekha Paswan Banwari Paswan Ladu LaU. Ruraeshwar Mistrl Narayan Muchi Patl Bhuia Parbatia Bhuia Maruan Bhuia Nemai Muchi Koili Bhuia Baldeo Bhuia Bindeswari Kurml Muneshwar Bhuia Hari Bhuia Janki Ruidas JuRtlish Kole Fouzdovl Bhuia Babulal Paswan Sonelai Majhi Suriamia Chamin Fuleswari Chamin Rani Eauri Gujarl Kole Khantl Kole Kalamani Kole Ch. Parbatia Bhuia Bedeshi Bhuia Ramchander Singh Shyamdeo Rajvar Babulal Majhi Babulal Ruidaa Manakoa Bhula Deobati Bhula . Br- Parbatia Shanti Kole Jamini Kola Saraswati Chamarin Panama Bhuia Baldeo Bhula Vosal Bhula Amrit Bhuia Mistri Bhuia Sukdeo Bhuia Ramu Kole Suraj Prasad Kshitish Bhuia Champa Bhuia Manoti Bhuia Chotelal Kuri Kalabati Kole Supan Kole Suvas Yadav Boichand Pasi Jethu Bhula Lakhi Kurml Kalipada Ruidaa Bhatwa Bhuia Bnsdeo Bhuia Bhaton Kole Kablr Ahmad Bhudni Bhula Tulsi Bhuia

„

4048 THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 [PA"T I I-

SI. N 0. Name

380. 381. 382. 383. 384. 3*0.

Chetu Bhula Pancham Yadav Sabadorl Bhula Tumbl Bhula Janki Bhula Sewnayek Jalswora

Designation

...

D/Trammer

...

S/Haulage Khalasi

ANOTXURB "A(D"

No- Name

Designation

...

- •

... ...

-.* ... ... ...

... .. ...

Banksman Pick Miner Loader Endless Haulage Khalael Lamp Cleaner Loader Loader Loader P u mp Khalasl Pump Khalasl Machine Driver Machine Helper Explosive Carrier Explosive Carrier Trammer Endless Haulage Khalasl P u mp Khalasl Pump Khalasi Trammer Trammer Trammer Depot Trammer Depot Trammer Wagon Loader Wagon Loader Wagon Loader Wagon Loader Wagon Loader Wagon Loader Wagon Loader Trammer Pick Miner Pick Miner Pick Miner Trammer Trammer Trammer Trammer Lathe Man Pick Miner Loader Loader Loader Loader Trammer Haulage Khalasl Haulage Khalasi Pump Khalasi Pump Khalasi P u mp Khalasi Endless Haulage Khalasi Clipman

Sri Bangall Roy Sri Dhaba Dome Sri Bam Bharat Shaw ... Sri Dhirendra Nath Daw Sri Saharab Miah Sri Ch. Ganesh Yadav Sri B- Ganesh Yadav Sri Sukhar Mahato • • Sri Satish Chatterjee Sri Dulal Roy • • Sri, Arun Bauri Sri Suphal Ghosh Sri Karnadhar Roy .. Sri Khltlsh Gope Sri Jobed Khan Sri Hiralal Chatterjee Sri Paban Roy Sri Mahadeb Bagdi Sri Flroj Khan Sri Hamu Khan Sri Toshu Khan S mt Rani Bourin Sri Kabir Ahammad .. Sri Nathu Muchi Sri Kisto Muchl Sri Golam Muchi Sri Nimal Muchl Sri Baldeo Bhuia Sri Onhela Muchi Sri Kaili Bhula Sri Lakhlkanto Mai ... Sri Matla Dome Sri Kanak Dome Basudeb Dome Mamlat Khan Manjur Khan Azij Khan .. Yar Mohammad Ratan Karmarkar Nakul Dome Budhan Suren Amrit Yadav Pitambar Yadav Debicharan Soner Balaram Bhandari Satu Dome Mathura Donie Tarapada Gboah Dharmadas Mondal ... Bahadur Roy Dasu F a il ... Biatu Dome

1. 2. 3. 4. 3. 1. 7. 8. 9- 10. 11. 12. 13 • 14- 16. 16- 17. 18. 19. 20- 21. 22. 23. 24- 25- 26- 27- 28- 29. 30. 31. 32. 33- -34- 35- 36. 37. 38. 39- 40- 41. 42- 43. 44. 45. 46. 47. 48. 49- 60. TJ1- 82.

"C "(li)3 THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA. 9, 1889 404.^

[0. Name

SI. N

Designation

p • •

• • • • • . ..

. ..

t ,

. ..

... ... • -i

...

... ...

t t

• *.

1 ...

... , m

83. 54. 55. 86. 57- 38. 59. 60. 81. 82. 63. 64. 65- 68- 67- 88- 69. 70. 71. 72. 73. 74. 75- 76. 77- 78. 79. SO. 81. 82. 83. 84. 85- 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 98. 97. 08. 99. 100.

Budhon Bagdi Kamal Dome Khursad Khan Baharam Khan Modon Sheet Haradhan Bagdi Kanya Prosad Mongal Dome Sanaton Das Namai Bagdi Sukra Tudu Motiram Rajbar Nitai Mondal Gosai Dlilbar Nanku Pasi Niranjan Bhandarl Chunka Bisra Papan Jaiswara Amar Muchi Bison Tanti Bijoy Das Dolgoblnda Mondal Rash Bihari Domo Lokhan Roy Tineswar Mahato Basdew Ram Aklu Miah ._., Jugal Miah .. Jadu Miah All Mohammad Nani Gopal Das Rupa Shaw Harl Ram .. Gobardhan Sheet Ragho Shaw Abdul Aziz Samruddin Miah Naru Much! Bodl Miah T. Budya Ch. Basdew Ram Kuru Muchi Muslim Miah Rabi Roy Kalipada Sheet B. Ramswarup Bhuit Ch- Ramswarup Bhula Kasum Miah ...

W.B. Khalasl Trammer Trammer Trammer Trammer Trammer F.H. Cooly Trammer Trammer Trammer Trammer Expl- Carrier Fan Attendant Banksman Pick Miner Trammer Trammer Loader Machine Helper Onsetter Pump Khalasi Pump Khalasi Onsetter Trammer Load

AWTCEXTTRE T 3'

31. No-     Name                           Designation
 1. Ambika  Singh                  ...     Trammer
 2. Algu  Kahar                            Loader
 3. Ajodhya  Rajbhar                       Loader
 4. A]im  Mia  ...                         Tondel  Mazdoor
 5- Audhu  Ahir                            Tub  Checker
 a.1. Atowari  Dass                        Pick  Miner
   Balli  Koiri  ...                       Loader
 8. Badri  Harijan                         Loader
 9. Blsram  Harijan                        Loader
10. Baban  Singh                   ...     Looseman
11. Bodhi  Jadav                           Trammer
12. Banaraai  Gore                  ...    Prop  Helper

4050 T HE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 8. 1889 [PAST I I-

To. Name

Desination

**•

... !•"'" *•" ... "W

• ••

4 ">

• t • ...

. .

. ..

, . ...

• . .

r t

. " .

. ..

, .

. . •

• r J

m t

. ..

• • •

. . .

. . -

. . J

...

13. 14. 15. 16- 17. 18- 19. 20. 21- 22. 23. 24. 25- 26. 27. 28. 29. 30. 31. 32. 33. 34- 35. 36. 37. 38. 39. 40. 4 1. 42- 43. 44- 45. 46. 47. 48. 49. 50. SI. 52. 53. 54. 55. 60. 57- 58- 69- 60. 61. 62. 63. 64. 65. 60. 67. 68. 69. 70- 71.

Blrju Jaiswara Chandrabali Ahlr Chabas Pasl Chablnath Rajbhar Dukhi Jaiswara Dubri Harljan Fudur Dosad Falari Jaiswara Gadadhar Ghose Janai Jaiswara Jagan Ahlr .. Jiweth Nunla Jagdeo Jaiswara Kedar Ahir Kewaldhari Jaiswara Kotwari Harljan Lallan Ahlr Mulchand Jaiswara Megbu Mia Md- Salamat Hossen Madhu Jadav Manila Jaiswara Mangru Gosal Manik Ghose Naslr Mia ... Hurmu Jaiswara Nandalal Ghose Parasnath Singh Panchu Mondal Pancham Ahlr Palakdharl Rajbhari Ramnath Prasad Ram Prasad Singh Ram Lakhan Singh Rambrich Jadav Rarn Narayan Singh Rameswar Sinffh Rameswar Kurmi Rajdeo Harjjan Rajnath Gosai Raghubar Jaiswara Ramashankar Srlnath Harijan Sitaram Jaiswara Satnarayan Subedar Pandey Sewnath Jaiswara Gulakhan Dhobi Sidhu Ram Santu Kahar Sankar Gope Telhu Kurml Turl Ahir ... Anandi Singh Balli Rajbhar Durga Pal .. Deokaran Ahir Deobaran Ahir Shewnayek Jaiswara

Loader Haulage Driver Loader Loader Prop Mlstry Loader Loader Loader Machine Mazdoor Loader Machine Mazdoor Loader Loader Prop Helper Loader Loader Prop Helper Loader Prop Mlstry Line Helper Trammer Loader Loader Pump Khalasi Prop Helper Loader Line Miatry Lcoseman Trammer Loader Sirdar Loader Machine Mazdoor Trammer Looseman Pump Khalasi Pick Miner P.H. Bath Attendant D/Trammer Sirdar Loader Loader Loader Loader Loader Loader Sweeper Tub Checker Loader T. Mazdoor T- Mazdoor Fitter Helper Loader Loader Loader Trammer Prop Helper Asstt. Sirdar Trammer Prop Mazdoor S/Haulage Driver

ANNBXURE C

•61- No Name

Designation

1. 2. 3-

Anandi Singh Ball Rajvar Durga Pal ..

Trammer Prop Helper Asstt. Sirdar

Sea, "

SI. No. Name

Designation

Trammer Prop Mazdoor Looseman S/H. Khalasi

' • Ijcader

4. Deofcaran Ahir 5- Deobaran Ahir 6. Raibali Sinsh 7. Sewnayp.k Jesowara ... 8. Sajnu Ahir 9. Baban Sinsh

Pick Miner

* • T ,0 -ir isi* • * Prop Mazdoor

Prcn Mistry

10- Ramayan Singh 11. Israil Miah ... 12. Rambrichi Gore 13- Sobrat Miah 14- Di5khi Jesowara 16- Bu'aki Mia

15. Subedar Pandey

IjO3.d€T Loader

19. Hirslal Chaterjee

x rammer

Loader

• '. Orsetter

Loader Loader ''V/E- Khalasi Preo Mazdoor JJ"cre M⁷?ier

j 1C5 iVijnpr

Machine Helper Loadpr

17- Nabizan Mia 13. Jobed Khan 2fi. P^ncbu Mondal 21. Ra'ul Mia ... 22- Bisan Tanti 23. Fira Raivar 24. Banshi Harijan 25- Kisan Ram Kahar 26- Sahati Jeso'vara 27. Ke\valdh="i Jesowara 28- Budhu Mucbi 29. Chhotu Prasad 30. Mongru Gosai 81. Udai Jesowara 32. Supal Yadav 83. Monsru Jesowara 84. Kuldip Ram 35- Ramklrit Das 36. Ramabatar Das 37. Ran"ibiri"h Dai 88- Bhaju Das S9. Ramcharan Pasi 40. Abbas Mia 41. Abdul Sekh" 42. Jagdeo yadav 43. Punlt Bhuia 44. Sohagi Bhuia 45. Sadhu Bhuia 46. Ramdhani Bhuia 47- Deobatl Bhuia 48. Bara Parbatia BhuiA 49. Shanti Kole 50. Jamini Kole

LoadT TjOader • • IiOader Loader Loader Loader Loader Haulage Khalasi Tr; mmer Loader Loader Waron Loader Wa;,on Loader • . Wrt-. on Loader Wa'ion Loader Depot Trammer Denot Trammer Depot Trammer Depot Trammer

[No. 6/12T/68-LRH.]

New Delhi, the 18th October 1967

S.O. 3837—In pursuance of section 17 of th° Industrial Disputes ct, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta, in the industrial dispute between the employers in re- lation to the Beiidh Colliery of Messrs. Equitable Coal Company Limited, Post Office Dishergarh, District Burdwan and iheir workmen which was received by the Central Government on the 13th October, 1967.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO. 25 OF 1967-

PARTIES:

Employers in relation to the Bejdih Colliery of M/s. Equitable Coal Com- pany Limited.

AND

Their workmen

4052 T HE GAZETTE OF INDIA: OCTOBER 28, I967/KARTIKA 6, 1889 (PA"T I I-

PRESENT:

Shrl S. K- Sen, Presiding Officer.

APPEARANCES :

On behalf of Employers-—Shrl Manoj Kr- Mukherjee, Advocate. On behalf of Workmen-—Shil S- N- Banerjee, Advocate.

STATE: West Bengal

INDUSTRY: Coal Mines

AWARD

By Order No. 6/26/67 LRII dated 31st March, 1967, the Central Government referred for adjudication an industrial dispute between the employers in relatio" to the Bejdih Colliery of Messrs Equitable Coal Company Limited and their work- men in respect of the matter specified in the following schedule:

"Whether the action of the management of Bejdih Colliery owned by Messri Equitable Coal Company Limited, Post Office Disergarh, Districl Burdwan In locking-out Shri Rameshwar, Srimati Khandy, Srimati Monghy and Srimati Jamuiiee with effect from the 17th May, 196S WM justified and legal? If not, to what relief are they entitled?"

2. Out of the four workmen covered by the reference order Shrimati Monghy 1* dead. The management in their written statement stated that they received tht Information as to her death sometine before 31st March 19G7, the date of the refer- ence order. Shri P. N. Mondal, witness No. 1 for the vrorkmen stated that Smt. Monghy died In March 19ft7- Accordingly the reference must be held to be infruo- tuous so far as Smt Monghly is concerned.

3. Sri Rameshwar was a wagon loading Sirdar and Srimati Khandy and Smt Jamunee were wagon loading Sirdarins employed at Bejdih Colliery. From 15tM March 1964 these 3 sirdar and sirdarlns together with Smt. Monghr and several other sirdars and sirdaiins were declared surplus and stopped from work by th" management of Bejdih Colliery. It is an admitted position that raising of coal al Bejdih was gradually decreasing and the management was therefore compelled t" reduce the labour strength from "the middle of 1964. The Colliery Mazdnor Congress, HMS, raised a dispute concerning the loading sirdars and sirdarlns before the A-L-C, Central, Asansol, and before the A L -C Central, Asansol and agreement was made on 26th May 1964 vide the memorandum of settlement, Ext. I. that the wagon loading sirdars and sirdarlns declared as surplus would be given alternative employment at the colliery and that one week's wages would be paid to the work- men concerned from 15th March, 19fi4 the rest of the period being treated as leave without pay- According to the evidence some ex-gratla payment was made even for the remaining period, and the sirdars and sirdarlns were taken back m their old posts of sirdars and sirdarins after the agreement. According to the union Rameshwar, Khandy and Jamunee were again stopped from work from 17th May, 1965- The union by a letter dated 2nd August, 1965 raised a dispute about the matter before the A.L.C-, Central, Asansol, but the proceedings before the A-L.C were allowed to be dropped for further priate negotiation witk the management The management did not give any work to these ilrdars and sirdarins and another complaint was made to the Conciliation Officer, Asansol on 21st November 1065- On that occasion again the proceedings wer" allowed to be dropped for further negotiation, but as the workmen were not riven any relief, a dispute was raised again on 27st January 1967- There wai however no settlement before the Conciliation Officer. The union wants that tn" workmen should be taken back in their former posts and given their full pay lor the period of non-employment.

4 According to the mannffmert. HS raising of coal from Be^ih was gradually decreasing "and it was fr-'ind neresmrv to reduce the labour force, the manage- ment barf declared certain wa^on loading sirdn-s H"d sirdarins s n r ^5 in March 1964 hut Recording to the memorandum of settVnent dnted 26th Mav ipm, tn* airdars and sirdarins were taken back. In May 1905 however It was found n^e-sary to reduce the staff at Bejdih further. At the same time the work of tfanjpur Colliery of the same company was Increasing and so the management decided to transfer the sirdars and sirdarlns concerned In the present reference case to Faninivr wltn effect from 17th May 1965- The transfer orders were passed on Bth Mar 1BTO ana copies of the order were sought to be served on the Individual workmen on 12tn May 19B5- The workmen concerned in the reference case however refused to tafct delivery of the orders of transfer from the peon of the company and did not join at Ronlpur as they were asked to do- In the circumstances, according to th" management, the workmen do not deserve any relief-

SEC. S(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA e, 1889 4053

5- Two of the workmen have deposed before the tribunal, namely Rameshvrar and Jamunee- They have denied that they received any order of transfer to Ranipur Colliery. They denied that they were even informed of such transfer order by anybody on behalf of the management- But the order of transfer, Ext. A, signed by J. N. Ohri the Agent of the Equitable Coal Company Limited and dated 5th May 1965, was proved by MW1—Manik Chandra Mondal, a register clerk of Rampur Colliery. Manik Ch. Mondal also proved that out of 16 workmen transferred to Ranipur by that order, some, namely Dharani, Jamuna Gope, Sudama_ Chamar, Lushy Bowrin, Sakti Ghosh pnd B. Parcva. j??ner' nt F'anipur on various dates beginning from 17th May 1065- This appears from the B form register of Ranipur Colliery, Ext- B. Shri S, N. Banerjee appearing for the union has not challenged the genuineness of the transfer orrtfr. Ext. A, w'-'ei? also includes the name of Rameshwar. J^-iynee and Khsiidy. He has however ur_"?ed that the copies of the order of tran^ff wera not ser^-id on the workmen concerned and they were also not informed of the order of transfer to Ranipur. but they \v?re merely stopped from working from 17th May 1965- On behalf of the management MW2—Amitava Ghose, clerk of the Welfare Officer at Bejciib Collie^-v stated that copies wers made of the transfer order, Ext. A, at the office of the Welfare Officer and that Amitav=i G!" "-s himself entered the names of the 16 persons transferred in the Peon Book, Ext. C, entries of the 16 names including those of Rameshwar, Khandy and Jamunee being Ext. Cl. Against Rameshwar, Jamunee and Khandy and Monghy there is a bracketed entry "refused to take deliverv and the thumb impression purporting to be the thumb impression of the peon Rampu.kar- Amitava Ghose stated that Rampukar reported to him that these four persons bad refused to take delivery of the order and so he made the entry "refused to take delivery" and obtained thumb impression of Rampukar below the entry- *" • ' * to the witness that the thumb by Sri S-N. Banerjee that the entry was made impression is not really of Rampukar who died about a year and a half back according to the evidence of P W 1. P. N¹. Mondal. There is no reason to think however that the thumb impression is a forgery. There is a similar edorsement as to refusal, with thumb impression of Rampukar. against the name of one Jaba. whose transfer to Ranipur was subsequently cancelled, as Ext. A shows. I find no reason to reject the testimony of the witness Amitava Ghose that he heanl from R'amoukar. Peon, that the persons had refused to take delivery of the orders of transfer and that he mad? endorsements to the effects. Shri Banerjee has next urged that even assuming that attempt was made to serve the orders on these persons, still when these persons refused to take delivery of the orders through the Peon, the management should have served copies of the order by registered posfon these persons for effective communication of the orders, and that in the absence of any communication by registered post it cannot be said that the orders of transfer were communicated to the sirdars and sirdarins concerned- In the present case it appears that no copies of the orders of transfer were served by registered post on Rameshwar, Khandy and Jamunee. It is a practice generally followed by colliery managements that when a workman takes up recalcitrant attitude and does not accept a letter tendered by hand, copy of the letter is sent to him by registered post- It is therefore somewhat surprising that no attempt was made in the present case to serve copies of the orders of transfer on Rameshwar and others by registered post. Further, it appears that though they did not join at Ranipur Colliery as per order of the A serf on 17th May 1965 or within a few days thereafter, no attempt was made to serve them with chargesheets alleging the misconduct of continuous absence without permis- sion for 10 days or more until the failure of the final conciliation Proceedings. It appears from Ext. 2. 2A and 2B that chargesheets for continuous absence from Ranipur were drawn up and sent by registered post on 13th March _ 1967- i-e., nearly 2 years after these persons were due to join at Ranipur according to the transfer order. This supports the case of the union that in ttv meantime the Vice-President of the union was having private negotiations! with, the manager ana the Agent for giving work to these sirdars and sirdarins at Beidih Colliery itself in accordance with the memorandum of agreement. Ext. 1- dated ^?.th M?7 A In the letter dated 13th February 19fi7 from the Vice-President, Collierv Mazdoor Congress to the Conciliation Officer. Asansol. of which a copy is enclosed with the failure report, the Vice-President stated (narartr^h 2) that on account of non- compliance of the terms of the agreement dated 26th Mav 1964 the union made a report on 2nd August 1965 to the Conciliation Officer. A=ansol and thereafter reagi- tated the dispute on 27th November 1965. Admittedly however th- 8 or 9 Sirdars and S i te declared surplus on 15th March 1964.were ^ 2 ™ ^ , ^ *^ the signing of the memorandum of settlement dated 26th May 1964. The above statemen]""in the union's letter dated. 13th Februarv 1P67 eoes to show that when some sirdars and sirdarins were asain stormed from work at Bejdih with effect S Hth Mav1965 tb* union wanted to fall back on the memorandum of settle- Sent dated 26th May 1964, and obtain alternative employment for the workmen at

4054 T HE GAZETTE OF INDIA : OCTOBER 28, 1967/K.ART1K.A 6, 1889 [PAM I I-

Bejdih colliery. The management must have given some hopeful response to the demand; otherwise there is no explanation why the union should have dropped the conciliation proceedings twice.

6- At the same time the union Vice-President must have known that tbere was the order of transfer in respect of these sirdars and sardarins passed by the agent of the Equitable Coal Company Limited. The Vice-President, P. N- Mondal, stated Delore the tribunal that he was not aware until his appearance before the tribunal Sa} ?,ny t.r a"s f er o r d er h ad been passed in respect of the four sardar and sardarins. But the failure report shows that before the Conciliation Officer the management represented its case that these men had been transferred to Kanipur with efiect from lith May 1965. In the Chief Mining Engineer's letter dated 13th February 1967 to the Conciliation Officer (copy enclosed with the failure report) he explained ihe circumstances in which the transfer was made, namely that the sirdars and sardarins who were really surplus had been taken back as a gesture of goodwill oy the settlement dated 26th May 1964 and that as some vacancies in the posts of sirdars and sardarins arose at Ranipur colliery which was expanding its raising, it was decided to transfer the four sirdars and sardarins to Ranipur and an order dated 5th May 1965 was passed accordingly but the workmen did not accept copies of the order when offered by hand- The union Vice-President must have been aware of that position taken up before the Conciliation Officer. Apart from that, even though no evidence has been adduced to prove this, when the workmen were stopped from work from 17th Mfey, 1965, they must have been told the reason for such stopping.

7. A point urged on behalf of the Union is that the management employed labour contractors to do the work of wagon loading sardars and sardarins at Bejdih colliery and that if such labour contractors were not employed, there wouli be scope for employment of the three sardars and sardarins at Bejdish Colliery. P. N. Mondal stated that colliery contractors were employed at Bejdih from 1964, But after the settlement of 26th May 1964. eight or nine wagon loading sardars and sardarins were taken back by the management. There is no evidence that thereafter, fresh coolie-contractors were engaged. However, I am not concerned In this cas with" the propriety or otherwise of engaging coolie-contractors. The point for consideration is whether the workmen concerned were arbitrarily stopped from work, or they were stopped from working at Bejdih as the Management had passed an order transferring them to Ranipur.

8. My conclusion after considering all the circumstances is that the transfer orders were actually passed as regards Rameshwar, Khandy and Jamunee and several other workmen on 5th May 1965 and the workmen were asked to join at Ranipur by 17th May 1965: that the three workmen with whom we are now con- cerned refused to accept copies of the order of transfer when tendered by hand, and thousrh the management failed to issue copies of the orders of transfer by registered post, the workmen concerned must have been aware of, the orders of ^-^rf.frr to Ripnjmjr which hpd bp^n passed, but with the help of their u^on they were trvine tr> find a'temative jobs on the basis of the ear- lier memorandum" of agreement dited 26th Mav 1964 at Bejdih colliery and thus avoid transfer to Ranipur; and thp rnanasernent also at one etass nromfcori to consider whether it was possible to give them alternative err>plovrnp^+ ">t B^jdih colliery, and that is why the earlier proceedings before the Cfwii'-^on Officer were dropped, and that is also whv the management did not '"ss^ed a"w o'i~rire-

9- It may be mentioned that Sri S- N. Baneriee also challenged the order of transfer on the ground that it did not mention the offer of living quarters _ at Raniour colliery. Sri Banerjee has referred to the award passed by this tribu- nal in Reference 75 of 1366 wherp it was held +hat thoueh tb° management had the right to transfer their workmen from one of their collieries to_ another, still where"the workmen were enjoying free quarters or were living m their own houses,

• S E C. 3 ( 1 1 )] T HE G A Z E T TE OF I N D IA : O C T O B ER 2 8, 1 9 6 7 / K A R T I KA G, 1 8 89 4 0 55

close to their place of work, they should be provided with some quarters at the new places to which they were transferred. Assuming that the principle would be applicable that would not justify the workmen to flout the order 01 transfer. In reference ease No. 75 of 1906 the workmen had obeyed the orders of transfer and then asked for alternative accommodation. In the present case also the work- men ought to have done the same- Non mention of free quarters at Ranipur In the transfer order cannot be regarded as a valid ground for refusing to accept and obey the transfer order.

10, My award therefore is that the action of the management of Bejdih colliery owned by Messrs Equitable Coal Company Limited in not employing Shrl Ramesh- war, Smt. Khandy and Smt Jamunee at Bejdih colliery from 17th. May 1965 did not amount to locking them out, but was legal because the management had passed an order transferring these workmen to Ranipur colliery. In view of the fact how- ever that the question of employment at Bejdih was under negotiation between the union and the management for a considerable time and that the management did not start proceedings for continued absence from Ranipur colliery until the failure of tne final conciliation proceedings, I e for a period of nearly two years after the orders of transfer had been passed, I direct that the charge-sheets should not be proceeded with against the three workmen, but they should be given an opportunity to join at Ranipur within one month from the date of publication of the award. If they so join they will be treated as in continuous service from before 17th May lflf!5 and the period of non-employment from 17th May 19B5 till the date of joining will be treated as leave without pay- On failure of the workmen to Join at Rani- pur colliery as aforesaid, the management will no longer be bound to provide them with employment. So far as Srimati Monghy is concerned, she died before the date of the order of reference and therefore there is no industrial dispute con- cerning her.

Dated, 1th October, 1987-

Sd'/- S- K. SEN, Presiding Officer. [No- 6/20/67-LRII.]

New Delhi, the 19th October 1967

S.O. 38?,8—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Hyderabad, In the industrial dispute between the employers in relation to the Sinsareni Collieries Company Limited, Kothagudium Collieries Post Office, Andhra Pradesh and their workmen, which was received by the Central Government on the 16th October, 1967.

BEFORE THE INDUSTRIAL TRIBUNAL, ANDHRA PRADESH, HYDERABAD

PRESENT;

Sri Mohammad Najmurldin, M.A., B.L., Chairman, Industrial Tribunal, Andhra Pradesh, Hyderabad.

INDUSTRIAL DISPUTE NO. 45/1966-

BETWEEN

Workmen of SIngareni Collieries Co- Ltd-, Kothagudlum.

AND

Management of Singareni Collieries Co- Ltd., Kothagudlum.

APPEARANCES:

Messrs. K. Srinivasamurthy and M. V. Ramakrishnarao for the Management.

AWARD

The Government of India in its Ministry of Labour, Employment & Rehabili- tation (Department of Labour & Employment) had, by order No. 7/4/66-LRII dated 21st September 1966, referred this dispute to me for adjudication. The issue in the schedule annexed to the notification is this:

Whether the action of the Management to depute only the junior poundera to work on jobs other than pounding, instead of employing all work- men on rotation as per previous practice, and thus decreasing their incentive bonus, is justified?

If not, to what relief are they entitled?

4056 THE GAZETTE OF INDIA: OCTOBER 28, 19S7/KARTIKA 6, 1889 [PART II—

2. The Andhra Pradesh Colliery Mazdoor Sangh, Kothagudium, is party to the reference. The other Union which is party to the reference is the Singarenl Collieries Workers Union, Kothagudium. These two Unions filed separate state- ments of claims, one being by and under the signature of Mr. S. Ramireddy, General Secretary of the Mazdoor Tangh, and the other being by and under the signature of Mr- M- Kumariah, General Secretary of the Sinjjareni Collieries Workers Union. Admittedly the powder factory of the Singarem Collieries Ltd. is slowly heading to a closure because of the embargo laid by the Director General of Mines Safety on the use of gun powder. Consistent with the directive from the Director General of Mines Safety the Company had been gradually decreasing the use of gun powder in the mines, so that there was less and less work for the pounders in the Powder Factory. For that reason the Company had to employ noundprs on other work. The Company was doing so in respect of junior pounders while the senior pounders were put on the pound- ling work in the powder factory. Now the contention of the Mazdoor Sangh as stated in its statement of claims is that the junior pounders also should be piven pounding work in the powder factory in rotation so that they too could earn bonus -which otherwise they are unable to earn by reason of being put fin other jobs- It is stated in the statement of claims filed by Mr. Kumar!ah on behalf of the Workers Union that the procedure followed by the Company was proper. The reason for the Workers Union not supporting the Mazdoor Sangh in respect of the claim which is the subject of the Issue is that on a former occasion Mr. Kumariah the General Secretary of the Workers Union was party to an agreement with the Management in the year 1963 from which time the Com- pany had been engaging only the senior pounders on pounding jobs in the powder factory. The Management filed counter to say that the procedure they were following was, in the circumstances, justified, particularly so when it was also based upon the aforesaid agreement with the Workers Union in the year 1963.

3. This dispute finally came up for enquiry on 31st July 1967. One witness each for the Management and the claimants was examined and Exs. Ml to M5 and Wl to W5 were marked. The rase was posted for arguments to 2nd August, 1967. Arguments were not heard because it was stated that settlement talks were afoot between the parties. As a settlement between the parties was a desirable objective, I gave time for consummation thereof and postponed hearing arguments.

4. Today a Memorandum of Settlement is filed. It is dated 5th October 1967. Mr. M. Vasudevan the Deputy General Manager and Mr. N. Bhaskarachary the Chief Personnel Officer signed it as representatives for the Management. Mr. S. Ramireddy, General Secretary, A.P.C. Mazdoor Sangh, has signed it. It will be noticed that the statement of claims on behalf of the Mazdoor Sangh was filed by and under the signature of Mr. S. Ramireddy. Mr. M. Kumariah also has signed the Memorandum of Settlement. He is the General Secretary of the Singarem Collieries Workers Union. Thus the representatives of both the Unions which are party to the reference are party to this Memorandum of Settle- ment. Two witnesses attested it, one being Mr. M. V. Ramakrishnarao, Assistant Personnel Officer at Kothagudium, and the other being Mr. Ch. Satyanarayana, Office Superintendent there.

5. I have persued the Memorandum of Settlement- It is stated in it that the powder factory is nearing being closed down and that therefore there was no purpose in pressing the demand which is the subject of the issue in the refe- rence, and that in the circumstances the demand itself becomes one of academic interest. It is stated that the demand is not pressed. I am satisfied that a fair approach was made by the two Union to the subject of the demand. Seeing that the two Unions do not press the demand, my finding under the issue in the re- ference is that the action of the Management, for the reasons stated in the Memo- randum of Settlement dated 5th October 1967 a copy whereof is appended hereto. In deputing junior pounders on jobs other than pounding jobs instead of employ- ing all pounders on rotation basis, is justified. Such being the finding, there is no question of giving any relief to the claimants in this behalf.

AWARD passed accordingly.

Given under my hand and the seal c

,. (Sd.) M. JMAJMTJDDIN,

Industrial Tribunal-

9EC. 3(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 4057

BEFORE THE HON'BLE INDUSTRIAL TRIBUNAL (CENTRE), HYDERABAD

IN THE MATTER OF I. D. No. 45 OF 1966

BETWEEN

The Management of Singareni Collieries Company Limited, Kothagudium Collieries-—Management-

AND

Their Workmen represented by the Andhra Pradesh Colliery Mazdoor Sangh, Kothagudium Collieries and the Singareni ColJieries Workers' Union, Kothagudium Collieries—Workmen.

MEMO. FILED BY THE PARTIES

The Andhra Pradesh Colliery Mazdoor Saneh by their letter No. V/K/PFO) 65/136 dt. 15th October 1965 raised an Industrial Dispute in regard to Shri B. Somasundaram and 15 others claiming that the said workmen who are pounders in. the powder factory at Kothasudlum were denied the benefit oi earn- ing incentive bonus by the system that is followed by the Management In engag- ing senior-most pounders on the pounding job. The Sanfih contended that the engaging of pounders on the poudlng job should be on rotation and should not be on seniority. During the discussions held between the Management and the recognised Union viz-, Singareni Colliery Workers' Union In connection with some difficulties experienced in the course of implementation of the incentive scheme in the powder factory, it was agreed that senior-most pounders should be kept on pounding jobs and whenever there was no work for some pounders, the Jr pounders should be allowed to work on sundry jobs. The conciliation proceedings ended in failure and on receipt of the failure report from the Asst Labour Commissioner (C). Hyderabad the Government of India Ministry of Labour and Employment under their Notification No. 7/4/66 LR-II dated 21st September 196G (S- O. 2906) referred this dispute for adjudication to the Indus- trial Tribunal (C), Hyderabad under the following schedule:

"Whether the action of the management to depute only the Junior Pounflera to work on jobs other than pounding, instead of employing all work- men on rotation as per previous practice, and thus decreasing their incentive bonus, is justified? If not, to what relief are they en- titled?"

This dispute was registered as I. D. No. 45 of 66 by the Hon'ble Industrial Tribunal (C), Hyderabad. This case has been finally posted for enquiry on 7th October, 1967.

The parties discussed the issue on hand and the Management explained that the (Tun powder factory Is goinfi to be closed in a gradual process since the Chief Inspector of Mines has been insisting on the discontinuance of the use Of cun powder and the use of permitted explosives In the underground. Conse- quently the use of gun nowder will be stopped completely. As such the manu- facture of fiun powder will have to stopped gradually and the gun powder factory will be closed eventually- Already the persons engaged In factory are being absorb- ed on different jobs in other departments and pits and there is substantial change in the circumstances from the time the dispute was raised.

In view of this development, the Unions concerned in the dispute have felt that there will not be any benefit to the workmen concerned In the dispute.to press thil demand as they⁷ are being rehabilitated in other departments Having regard to the changed circumstances in the gun powder factory and as tins demand has now become purely an academic issue, the Unions herein concerned agree to withdraw the dispute viz-, I- D- No. 45 of 1966.

4058 THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

The parties, therefore, pray the Hon'ble Tribunal to record this Memo, and pass an Award accordingly.

For Management. For Workmen. Sd./- M. VASUDEVAN, S d /- S. RAMI REDDY, General Secretary, IJy. General Manager. Andhra Pradesh Colliery Mazdoor Sango, M/s. Singareni Collieries Co. Ltd. Sd./- M. BHASKRA'CHAEY, Sd./- M. KOMARAIAH, ' General Secretary, Chief Personnel Officer, Singareni Collieries Workers' Union. M/s. Singareni Collieries Co. Ltd.

Witnesses:

1. Sd,/- M. V. RAMAKRISHNA RAO,

2. Sd,/- Cn. SATYANARAYANA.

Dated: 5th October, 1967, Kothagudem Collieries

(Sd.) M. NAJMUDDIN,. Industrial Tribunal. [No. 7/4/66-LRII.]

S.O. 3839.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Hyderabad, in the industrial dispute between the employers In relation to the Singareni Collieries Company Limited, Post Office Kothagu- dem Collieries and their workmen, which was received by the Central Govern- ment on the 16th October, 1967. BEFORE THE INDUSTRIAL TRIBUNAL, ANDHRA PRADESH, HYDERABAD.

PRESENT:

Shri Mohammad Najmuddin, M.A., B.L., Chairman, Industrial Tribunal,.

Andhra Pradesh, Hyderabad.

INDUSTRIAL DISPUTE NO. 17/1966:

BETWEEN:

Workmen of Singareni Collieries Co. Ltd-, Kothagudem.

AND

The Management of Singareln Collieries CO., Ltd., Kolhagudem.

APPEARANCES:

Messrs. K. Srinivasamurthy and M. V. Ramakrishnarao.—por the Managements

AWARD

The Government of India in its Ministry of Labour, Employment and Rehabili- tation (Department of Labour and Employment) had, by order No. *7/2/66-LRII dated 9th March, 1966, referred this dispute to me for adjudication. The issue as per Schedule annexed to the notification is this:

Having regard to the nature of work performed by Sarvashri (1) Khadar Snariff (Moulder) (2) P. Jagannadha Rao (Fitter), (3) G. Venka- teshwur Rao (Turner), (4) P. S. Vydyanayakarn (Welder) and (5) P- N- Gangadhar N"aidu (Fitter), whether the Management of the Singareni Collieries Company Ltd. Is justified In denying pay- ment of Category VII Wages to them from the date of completion of Trade Apprenticeship?

If not, to what relief are they entitled?

2. The Andhra Pradesh Colliery Mazdoor Sangh, Kothagudem, is party to the reference. The statement of claims is filed by and under the signature 01 Mr. S, Ramireddy, General Secretary of the Sangh. In the main, the contention of the Mazdoor Sangh is that after completing the period of apprenticeship in the various trades a worker should be fitted in Category VII. The Management had been starting them on Category IV. With regard to the five names mention- ed in the issue the case of the Union is that they should have been started on Category VII- The counter of the Management Is that the workers who are being taken into employment after satisfactory completion of apprenticeship period

SEC. S(il)] THE GAZETTE OF INDIA : OCTOBER SR, 1967/KARTIKA 6, 1889 4059

were properly being started on CaLegoi-y IV and that there was" no justification lor the demand that they should be started straight away on Category VII. With regard to the five workers mentioned in the issue it is stated in trie counter that they are in the right places. With regard to Gangadhar Naidu, it is stated that he wfis started in Category III because he was a general apprentice who was absorbed as a fitter-helper in Category III,

3. After this dispute ripened for enquiry, both parties requested that the enquiry in it may be postponed untill after the enquiry in I.D. No. 66/65 was completed and an award passed therein. The reason for this request was that the award in I.D. No. 66/65 would largely determine the questions that would arise for determination in I.D. No. 17/66 which is the dispute on hand. I passed award in I.D. No. 66/65 on 26th June lfl_67. It was later published in the Govern- ment of India Gazette. When thereafter I. D. No. 17/66 came up for enquiry, representatives of both sides stated that there was a move for a settlement in respect of LD. No. 17/66.

4. A Memorandum of Settlement is filed today. It is dated 5th October, 1967. It is signed by Mr. S. Ramireddy, General Secretary of the Mazdoor Sangh. It will be noted that the statement of claims in this dispute was filed by and under the signature of Mr. S. Ramireddy. Mr. M. Vasudevan the Deputy General Manager and Mr. N, Bhaskarachary, the Chief Personnel Officer signed the Memo- randum of Settlement as representatives of the Management. There are two witnesses to it. They are Mr. M. V. Ramakrishnarao, Assistant Personnel Officer at Kothagudium, and Mr. Ch. Satyanarayana, Office Superintendent there. I have peraued the Memorandum of Settlement. Reference is made in it to the award made by me in I.D. No. 66/65. The terms of settlement are fair between the parties.

5. Award is herewith passed in terms of the Memorandum of Settlement

dated 5th October, 1957, a copy whereof is appended hereto.

Given under my hand and the seal of the Tribunal, this the 7th day of

October, 1967.

(Sd.) M. NAJMUDDIN.

Industrial Tribunal

Memorandum of settlement arrived at between the mauaaernent of sirwareni col-

lieries Company Ltd., and their workrnen represented by the Andhra Pradesh

Colliery Mazdoor Sangh in I.D. No. 17 of 66 in the office of the Dy. General

Manager, Kothagudium, ori 5th October, 1967-

Names of the Parties:

Representing the Management: Representing the Workmen: (Singareni Collieries Co., Ltd.) (Andhra Pradesh Colliery Mazdoor

Sangh).

1 Sri M VASUDEVAN,

1. Sri S. RAMI REDDY,

Dy. General Manager. General Secy.

2. S ri N. BrnAsKAUACHAKY,

Chief Personnel Officer,

Short recital of the case:

The General Secretary, Andhra Pradesh Colliery Mazdoor Sangh, by his letter No V/K/WS(1) /65-215 'dated 4th December, 19(55 raised an Industrial DisiDute in'regard to S/Shri Khadar Sharif!¹, P- Jagannadha Rao, G- Venkateswar Rao. P S Vedanayakham. Trade Apprentice and P. N. Gangadhau Naidu, General Apprentice, claiming that these Trade and General Apprentices in the Engmecr- inc Department at Kothagudium be placed in Category VII with effect from the date they completed their Apprenticeships. On failure of.the conciliation pro- ceeding the Government of India by their Notification No. SX) 815 dated 9th March 1966 referred the Dispute for adjudication to the Industrial Tribunal (C), Hyde aba'd • This else tas bePen registered a. ID No 17 of 66, and finally postecf for hearing by the Hon'ble Tribunal on 7th October, 1967.

4060 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 TPART 11^

n n t L % ^S U l- o f.m u t u al discussions, the parties could arrive at a settlement .on the following terms and conditions: —

Terms of Settlement

1. The Sangh having gone into the merits and facts of the Issue on hand and having regard to the decision of the Hon'ble Industrial Tribunal (C), Hyderabad in I.D. No. 66 of G5, are now convinced that the procedure foFowed by the Management in respect of Trade and Genera] Apprentices who were absorbed in the Company on graded categorisation starting from category IV or III res- pectively is reasonable. Hence the Sangh agrees to drop the case and not to press the demand referred to the Hon'ble Industrial Tribunal (C), Hyderabad.

2. The Management agrees to pay a lumpsum amount of Rs. 100 (Rupees one hundred only) to the Sangh towards the expenses incurred by them for con- ducting this Dispute as a full and final settlement.

3. Both the parties agree to pray the Hon'ble Tribunal (C), Hyderabad, to pass an Award in terms of this settlement.

Signatures of the parties

Representing the Management: Representing the Workmen: 1. Sd./- M, VASUDEVAN.

2. Sd./- N. BHASKAHACHARY.

1. Sd./- S. RAMI REDDY.

Witnesses:

1. Sd/- M. V. RAMAKHISHNA RAO.

2. Sd./- CH. SATYANARAYANA. Dated: 5th October, 1967. Kothagudium Collieries.

(Sd.) M. NAJMUDDIN, Industrial Tribunal.

[No. 7/2/66-LRIL]

ORDERS

New Delhi, the 10th October 1967

S.O. 8840.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the New Chirimirl Ponri Hill Colliery, P.O. Chirimiri, District Surguja (Madhya Pradesh) and their workmen in respect of the matters specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute' for adjudication;

Now, therefore, in exercise of the powers conferred by clause (d) of sub- section (1) of section 10 of the Industrial Disputes Act, 1047 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Indus- trial Tribunal, Jabalpur, constituted under section 7A of the said Act.

SCHEDULE

(1) Whether the management of the New Chirimiri Ponri Hill Colliery was justified in keeping the following 97 workers, as badlis? If not, to what relief are the workmen entitled?

1. Charkoo s/o. Amarsai. 2. Gobardhan s/o. Mohan. 3. Bandhanram s/o. Bodhram. 4. Nan s/o. Dalli. 5. Dilbhagat s/o. Bamfar. 6. Hiraman s/o. Jagasal. 7. Rajoodas s/o. Thakurdas. 8. Nan Pradhan s/o. Ranaai. 9. Bahabam s/o. Ghasiram.

-sec. 8(ii)] THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA fi, 1889 4061

10- Ramdhln s/o. Bhokloo. 11. Jaita s/o. Sudhiram. 12. Kusia s/o. Sitaram. 13. Sadhram s/o. Etbal. 14. Bodhan s/o. Kishun. 15. Akaloodas s/o. Ashadas. 16. Sundarlal s/o. Munnua. 17. Autram s/o. Bodhram. 18. Mangaldas s/o. Bhaira. 19. Bechan s/o. Karmu. 20. Mangalsai s/o. Hingal. 21. Lachman s/o. Ransu. 22. Sitaram s/o. Subran. 23. Bhavandas s/o. Raghunath. 24. Piladas s/o. Durga. 25. Chamroo s/o. Panchram. 26. Sital s/o. Sukhiram. 27. Ramlal s/o. Jakla. 28. Lalman s/o. Harinath. 29. Bihariram s/o. Budhu. 30- Alagram s/o- Guni. 31. Panchram s/o. Fir at. 32. Sadhram s/o. Dhani. 33. Bisahoo s/o. Ramsingh. 34. Jotiram s/o. Mithoo. 35. Gowrisankar s/o. Rajman, 36. Hiralal s/o. Subraj. 37. Nanhoo s/o. Bhurai. 38. Nathoo s/o. Jugatram. 39. Fulsai s/o. Malikram. 40. Khedu s/o. Mansal. 41. Jitan s/o. Sukdeo. 42. Lakhu s/o. Sohar. 43. Sonesal s/o. Chamru. 44. Mansal s/o. Ariuno. 45. Panchram s/o. Nanki. 46. Mangloo s/o. Ghurbin. 47. Jhangulee s/o. Bulloo. 48. Tungan s/o. Meghava. 49, Ghursai s/o, Gahavar. 50. Gajadas s/o. Holesai. 51. Basant s/o. Bhairl. 52. Dhirsai s/o. Debia. 53. Pancham s/o. Dhansai. 54. Dhaniram s/o. Bisahoo. 55. Chandansai s/o. Subran. 56. Deokaran s/o, Guha. 57. Udayram s/o. Rungtu. 58. Lokesram s/o. Khedu. 59. Mansal s/o. Balga. 60. Jagdish s/o. Jaimangal. 61. Sonu s/o. Kaileswar. 62. Baldeo s/o. Mohlt. 63. Mangalsai s/o. Somarasal. 64. Bhujbal s/o. Kusta. 65. Lalooram s/o. Jagmohan. 66. Manbisram s/o. Kesoram. 67. Lalsai s/o. Rupsai. 68. Motllal s/o. Sudarsanrairi. 69. Dhaneswar s/o. Ramadhln. 70. Bisahoo s/o. Ramsingh. 71. Suna s/o. Jharla. 72. Bandhan s/o. Kaileswar. 73. Mohan s/o. Jhumuk. 74. Holiram s/o. Amaru. 75. Jaslal s/o. Jabars^i. 76. Hariharsai s/o. Khurchul. 77. Mangalsai s/o. Bodhram, 78. Bodhram s/o. Dharamsal. 79. Bhajan s/o. Bodhan. 80. Janak s/o. Somaru.

4062 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

81. Sonesai s/o. Kasidas. 82. Jailal s/o. Akaloo. B3. Biaambar s/o. Samundram. 84. Jethooram s/o. Bhaneswar, 85. Kamalsai s/o. Thunga. 86. Seobaran s/o. Dhansai. 87. Bhikarilal s/o. Nandlal. 88. Ramjee s/o. Sadhram. 89. Ramgopal s/o. Sukhram. 90. Raghubir s/o. Lochan. 91. Chotelal s/o. Nanki. 92. Tekram s/o. Mahangu. 93. Balamram s/o. Sohan. 94. Dhansai s/o. Bisahoo. 95. Jogeswar s/o. Mayaram. 96. Bifalsai s/o. Bhaira. 97. Sardar Singh s/o. Majhiram.

(2) Whether the existing diet charge of Rs. 1-31 per day paid by the management for one worker patient in their hospital needs upward revision? If so, at what rate?

(3) Whether the workers are entitled to the provision of ambulance or other transport facilities by the management for reaching hospitals In serious cases of sickness or accident? If so, to what relief are the workmen entitled?

(4) Whether the workers employed on Sundays are entitled to be paid. wages at twice their ordinary rate of wages? If so, from what date?

(5) Having regard to the terms of the mutual settlement dated the 18th March, 1966, arrived at between the management and their workmen represented by the M.P. Colliery Workers Federation, whether the demand of the workers for payment of arrears Is justified? If sor from what date?

[No. 5/7/67-LRII.J

New Delhi, the 11th October 1967

S.O. 3841 Whereas the Central Government Is of opinion that an Industrial dispute exists between the employers in relation to the management of Slmlabahal Colliery, P.O. Jharia, District Dhanbad and their workmen in respect of the matters specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now therefore. In exercise of the powers conferred by clause (dj of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Gov- ernment hereby refers the said dispute for adjudication to the Industrial Tribunal, Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

Whether the management of the Simlabahai Colliery was justified in trans- ferring the undermentioned 35 workers to Bhaigora with effect from the 9th August, 19G7?

Designation Name of workmen

Trammer

B/S. Man. Dresser i. N a n a k M a h a ia 2. Ramcharitar PaBwtin 3. Siaaaran Dhari 4. Masfir Dhari 5. Jamir Miah . . . . . - • •• 6. Paresh Nuth Pathak 7. Fekoo Jaswara 8. L a l a n D u s a dh

tec. 8 ( H )] T HE G A Z E T TE OF I N D I A: O C T O B ER 2 8, 1 9 6 7 / K A R T I KA 6, 1 8 89 4 0 6 3;

N a me of w o r k m en

Designation

Miner

10.

1 1. 1 2,

13- 14. IS- 1 6. 17- 18.

1 9. 2 0.

R a g hu D h o bi B a n s hi J o s v v a ra . . . . . . . .. S a t a r am J o s v v a ra . . . . . . . .. R a m e s w ar T o s w a ra . . . . . . .. R a m k h e i w un J o s w a ra . . . . . . .. S u k h l a] P a s si K a r a mu M a h a ta . . . . . . . .. M a h a b ir P a s si . . . . . . . .. T o ta D h o bi R a d h e^ S o n ar . . . . . . . .. M a h a b ir R h u ia . . . . . . . .. J a l im S i n gh P o k h an D h o bi . . . . . . .. P r o l h ad R a b i d as . . . . . . . .. C h a n d e s w ar . . . . . . . .. R a m e s w ar M a l l ah . . . . . . .. D u k h an . . . . . . . . .. R a m b h at f o s w a ra . . . . . . .. R a m l a k s h an P a s si . . . . . . .. J a g a r n a th P a s si . . . . . . . .. F a n c h am P a si . . . . . . . .. R a m or P a n d cy K a l e s w ar R a b i d as . . . . . .. P a j l oo L o a dh . . . . . . . .. S u k h r am L o a dh . . . . . . .. S o h a r ai R a b i d as . . . . . . ..

. S a fl M i oh

2 1. 2 2. 23. 24. 25- 26. 27. 28. 29 30. 3¹ 32 33 34 35

If not to what relief are the workmen entitled ?

[N0.2/99/67-LRIL]

New Delhi, the 20th October 1967

S.O- 3842.—Whereas the Central Government Is of opinion that an industrial dispute exists between the employers in relation to the Jote Dhemo Colliery, Post Office Ukhra, District Burdwan and their workmen in respect of the matters speci- fied in the Schedule hereto annexed;

And, whcieas' the Central Government considers It desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Industrial Tri- bunal, Calcutta, constituted under section 7A of the said Act.

SCHEDULE

Whether the lock-out and subsequent lay-off without compensation of the workers of Jote Dhemo Colliery was justified? If not, to what relief are the workmen entitled?

[No. l/38/67-LRII(i).]

S.O. 3843—Whereas, by the order of the Government of Ifndia in tho Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employ- ment) No. 1/38/67-LRII, dated the 20th October, 1967, an industrial dispute bet- ween the employers in relation to Jote Dhemo Colliery, Post Office Ukhra, District Burdwan and their workmen has been referred to the Industrial Tribunal, Calcutta for adjudication and it is necessary to prohibit, the continuance of the lock-out in! existence in connection with the said dispute:

i^ow, therefore, in exercise of the powers conferred by sub-section (3) of sec- tion 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby prohibits the continuance of the lock-out in existence in connection with the said dispute in the said industrial establishment.

[No. l/38/67-LRII(ii)'.J

4 0 64 "* HE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

New Delhi, the 21st October 1967

S O. 3844—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the M/s. Shaw Wallace and Co., Ltd., P. O. Parasia District Chhindwara (M.P.) and their workmen in respect of the matters specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now. therefore, in exercise of the powers conferred by clause (d) ol subjection (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Industrial Tri- bunal, Jabalpur, constituted under section 7A of the said Act.

SCHEDULE

"Whether the management of M/s. Shaw Wallace and Co., Ltd., Parasia, was justified in retiring Shrl Bachoolal Yadav, Loading Supervisor, at the age of 5& years on account of superannuation, with effect from the 1st August, 1967, without having any provision therefor in the certified standing orders applicable to the establishment. If not, to what relief is the workman entitled?

[No. 5/47/67-LRII.]

S.O. 3845.—Whereas the Central Government Is of opinion that an industrial dispute exists between the employers in relation to the management of Mahabir Colliery, Post Office Raniganj (Burdwan) and their workmen in respect of the matter specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Industrial Tribu- nal, Calcutta, constituted under section 7A of the said Act.

SCHEDULE

Whether the termination of the services Of Sarvashri Fatik (alias Sam) Chatterjee and Basudeo with effect from the 11th May, 1967 and the 13th May. 1967 respectively by the management of Mahabir Colliery was justified? If not, to what relief are the workmen entitled?

[No. 8/4S/67-LRIL]

S-O. 3846—Whereas the Central Government is of opinion that an industrial dis- pute exists between the employers in relation, to the Sarpi Kajora Colliery, Post Office XXkhra, Burdwan and their workmen in respect of the matters specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Industrial Tribunal, Calcutta, constituted under section 7A of the said Act-

SCHEDULE Whether the management of Sarpi Kajora Colliery was justified in dismissing t he following workmen with effect from the dates shown against them?

1. Shri Srinarayan Tlwari, Machine Driver. 7th April, 1966.

3. Shrl Kailash Ham. Surface Trammer. 7th April, 1966

3. Shri Kailash Ram, Surface Trammer. 7th April,1966.

If not, to what relief are the workmen, entitled?

XNo. 6/122/66-LRII.]

SEC. B(H)] THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 9, 1889 4065-

New Delhi, the 23rd October 1967

S-0. 3847.—Whereas the Central Government Is of opinion that an industrial dispute exists between the employers in relation to the Ramnagar Colliery of Messrs Vindhya Collieries (Private) Limited, Post Office Ramnagar Colliery (Dis- trict Sahdol) Madhya Pradesh and their workmen in respect of the matters specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now, Ihrefore, In exercise of (he powers confererd by clause (d) of sub-sec- tion (1) of section 10 of the Industrial Disputes Act, 1947 "(14 of 1047), the Central Government hereby refers the said dispute for adjudication to the Industrial Tribunal, Jabalpur, constituted under section 7A of the said Act.

SCHEDULE

Whether the action of the management in terminniing the srrvices of T. C. Kaliva, Overman with effect from the 1st May,"19R5 is justified? If not to what relief is the workman entitled?

TNo. 5/52/67-LRIL]

BALWANT SINGH. Under Secy.

(Department of Labour and Employment)

New Delhi, the 10th October 1967

. £;?,:, ³⁸*,?-~*n Pursuance of section 17 of the Industrial Disputes Act, 1947 '(14' of 104/), the Central Government hereby -publishes the following award of the industrial Tribunal, Madras in the industrial dispute between the employers in relation to Ihe Punjab National Bank Limited and their workmen which -was're- ceived by the Central Government on the 7th October, 1967.

BEFORE THE INDUSTRIAL TRIBUNAL, MADRAS,

Tuesday, the 19th day of September, 1967

PRESENT:

Thiru M, Tajammul Hussain, B.A., B.L,—Industrial Tribunal.

INDUSTRIAL DISPUTE NO- 34 or 1967.

(In the matter of the dispute between the workmen and the management of Punjab National Bank Ltd., Madras,).

BETWEEN:

The General Secretary, All India Puniab National Bank Employees Associa- tion (Madras Unit) No. 3, Muthaya Mudali Street, Tondiarpet, Mad- ras-^1*

AND

'The D^t r^Ct M a n aSe r- Punjab National Bank Ltd., No. 107, Armenian Street,

Reference.—Government of India Order No. 51(6)/67-LR III dated 21st March, 1967, Department of Labour and Employment, Ministry of Labour, Employment and Rehabilitation, Government of India "New Delhi.

This dispute coming on for final hearing on this day and upon perusing the reference, claim and counter statements and all other material papers on record and the parties to this dispute having filed a joint memorandum of settlement statins; that the dispute has been settled by a compromise entered into between them already, this Tribunal made the following

AWARD

This is a reference by the Central Government. This reference relates to the- aisnute between the Management and workmen of Punjab National Bank Ltd.

_4o66 THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 [PART I I-

The matter referred for adjudication is set out in the schedule under reference and it is as follows: —

"Whether the seniority of Sarvashri V. R. Kundapur, M- Ramaswamy, B- S. Sankaranarayana Rao and U. K Mahalingam, Supervisors, Punjab National Bank Ltd., Southern Circle, Madras as given in the seniority list reproduced below has been correctly fixed? If not, what should be the seniority of these four employees in relation to the other employees whose names are mentioned in the said list?

Date of promotion Name of the emloyee promoted

as Supervisor

I. 2. 3- 4- 5- 6. 7- 8. 9-

5-12-1958 6-I2-I959 26-3-1959 8-7-1959 11-9-1959 16-11-1959 19-3-1960 15-G-1960 14-11-1960

- 1I 28-1-1966

1 0. I I. 1 2. 13-

Shri R. Subramaniam „ T. S. T. Chari „ N. Vijendran „ A. S. Sangameswaran „ C. S. Ramaswami ,, S. Somasundaram „ M- N. Nair „ L. Y. Ramasubramaniam „ V. Thyagarajam „ V. R. Kundapur „ B. S. Sankaranarayana Rao „ U. K. Mahalingam „ M. Ramaswamy

2. The All India Punjab National Bank Employees' Association filed a lengthy •claim statement, setting out the reasons for the claim of the workers concerned in this dispute. The management filed a counter statement repudiating the claim of the workers concerned in the reference. It is unnecessary to set out the allega- tions made in the claim statement and also the averments made in the counter statement as the parties to the dispute have filed a joint memorandum of settle- ment in court-to-day.

3. According to the joint memorandum, in view of the fact that four workers have been promoted as officers and are functioning as such, it is unnecessary to decide the issue referred to for adjudication. The promotions in future for these four persons, the existing rules of the Bank relating to promotions among officers, would apply to them and they would be treated on the same basis as other offi- cers of the Bank.

4. The Joint memorandum is recorded. In view of the joint memorandum the issue referred to for adjudication does not arise. An award is passed in terms of the ioint memorandum filed by the parties. The terms of the joint ^neninnnAi-i vHii. form annexure to the award.

r, Tun na^fod r,ve directeH to besr their own costs.

Sd./- M. TAJAMMUL HUSSAIN, Industrial Tribunal.

List of witnsses examined

For the workers:— r NONE For the Management:— -"

List of documents marked.

For the workers:— "I jjIL For the Management:— /

ANNEXUEE

Joint Memorandum

1. In view of the fact that (1) Shri M. Ramaswami, (2) Shri V. R. Kundapur, (.3) Shri B. S. Sankaranarayana Rao and (3) Shri U. K. Mahalmgam, have now "been promoted as Officers and are functioning as such, it has become unnecessary to decide the issue referred to for adjudication.

SEC. 3(Ii)] THE GAZETTE OF INDIA : OCTOBER 28, I967/KARTIKA 6, 1889 4067

2. In respect of promotions in future for these four persons, the existing rules of the Bank relating to promotions among officers, would apply to them and they would be treated on the same basis as other officers of the Bank, for this purpose.

Sd,/ Illegible,

The District Manager, Southern Circle, The Punjab National Bank Ltd., Madras-1 for the Management of Bank.

Sd,/- S. RAGHAVAN,

The Assistant Secretary

and

Sd../- M. HAMASWAMY,

The President representing the Workmen of the P.N.B. Ltd., by its All India P.N.B. Em- ployees' Association (Madras) Unit: Madras.

[No. 51/6/67/li-RIIl.]

ORDER New Delhi, the 17th October 1967

SO. 3849.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to Messrs- New India Maritime Agencies Private Limited, Madras and their workmen in respect of the matter specified in the Schedule hereto annexed;

And, whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by section 7A and clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby consltutes an Industrial Tribunal of which Shri M. Tajammul Hussain shall be the Presiding Officer, with headquarters at Madras and refers the said dispute for adjudication to the said Tribunal-

SCHEDULE

Whether the management of Messrs. New India Maritime Agencies Private Limited, 21. Sunkurama Chetty Street, Madras-1 were justified In terminating the services of Shri M- G- Fernandez, Car Driver, from 3rd July 1967? If not, to what relief is the employee entitled?

[No. 28/102/67-LRIIL] G. MISRA, Dy. Secy.

(Dcptt- of Labour and Employment)

New Delhi, the 16th October, 1967

S.O. 3850 In pursuance of section 17 of the Industrial Disputes Act, 1947. (14 of 1947) the Central Government hereby publishes the following award of the Industrial Tribunal, Jabalpur, in the matter of an application under Section 33A of the said Act filed by Shri S. N. Aditya, B. No. 1908, Assistant Tracer (II) in respect of Indian Copper Corporation, which was received by the Central Govern- ment on the 29th September, 1967.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT, JABALPUR. Camp at Dhanbad- Dated September 7, 1967.

PRESENT:

Sri G. C. Agarwala.—Presiding Officer.

COMPLAINT NO. 14 OP 1966 (DHANBAD TRIBUNAL) COMPLAINT NO. CGIT/LC(A) (22)/67 (JABALPUR TRIBUNAL)

U/S 33-A, Industrial Disputes Act.

4068 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PAST I I-

PARTTES:

S- N. Aditya, B. No. 1908, Asstt. Tracer-II, C/o Mosaboni Mines Labour Union, P.O. Mosaboni Mines, District Singhbhum.—Complainant.

Versus:

M/s. Indian Copper Corporation Ltd., P.O. Mosaboni Mines, Dist., Singh- bhum, Bihar.—Opp. Party.

APPEARANCES:

For Complainant.—S/Sri Chotelal Ji Vyas, Vice President and H. B. Singh 'Arai' General Secretary, Mosaboni Mines Labour Union.

For Opp. Party-—Sri K, C. Goel, Legal Officer of the opposite party, em- ployers.

INDUSTRY: Copper Mine. DISTRICT: Singhbhum (Bihar).

AWARD

Sri S- N. Aditya ,Asstt. Tracer (ID employed in the Mosaboni Mines of the opposite party, the Indian Copper Corporation Ltd., applied before the Central Government Industrial Tribunal, Dhanbad, on 17th March, 1966 complaining that during the pendency of two references Nos. 4 and 34 of J985 of that Tribunal the conditions of his service have been changed and therefore the opposite party has contravened Iho provisions of Section 33 I. D. Act. It may be mentioned that this reference No- 4/65 together with connected cases arising therefrom either under Sec 33-A or Sec 33 I. D. Act were transferred to this Tribunal by Notification No 8/25/67-LRII dated 25th April, 1967 and that is how this case came vp for determination before this Tribunal. No case No. 34/65 of that Tribunal was trans- ferred to this Tribunal.

The complaint Is based on the ground that the complainant has been render- ing the duties of Asstt. Draftsman in place of one Sri H. B. Senapati who resigned in February, 1965 and inspite of the representations made by the complainant the company has neither paid him the acting allowance nor has promoted him to the post of Asstt. Draftsman. The company denied that he had been doing the work of Asstt. Draftsman and was entitled to any acting ^ w a n ce for P™™"™- " has been contended that there had been no change in the conditions of service as

pany gave up the plea that the complainant was not a protected ^ ™ aa tte is therefore a protected workman to be covered by Sec 33 (3) I.D Art. Whether he was a concerned workman or not was determined by me on 25th July 1967 m S is case a Zg wfthTlarge number of other cases and the order is an annexure to this Order/Award. He is, therefore, a concerned workman.

q n~ H fe to Before fioing into the question of fact whether the complainant had in fact rendered the duties of an Asstt. Draftsman, I heard arguments on the legal aspect of the matter whether even assuming that he did render such duties, this amount- ed to a change in conditions of service so as to attract the applicationof Se£33(3) I. D. Act. After hearing arguments on this question, I ^d that the complainant 19 clearly misconceived. Section 33 Cl. (a) prohibits an e mP!° ^r °y tne prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such^ proceeding °uch proceed

fe* s a r t s a f S f f l a ^ i f i H SS $E s " f f l &- - * • *• " •• <—

S"a 9(11)] THE GAZETTE OF INDIA: OCTOBER. 28, 19B7/KARTIKA 8, 1889 4069

changed to his prejudice, if the complainant has been promoted as Asstt. Drafts- man, it is to his advantage and not to his prejudice. The acting allowance or pro- motion which he claims by means of this application can be secured by either raising an industrial dispute under Sec. 10 or as a relief under Sec. 33-C. I. D. Act- To build up such a claim by an application under Sec. 33-A Is clearly lllcon- ceived. The Intention of Sec. 33 is to restrict the right of the employer to take any action to the prejudice of the workman in regard to the conditions of hia service. There is no change in the conditions of his service by the assumed pror motion for which he may have an independent right to be compensated by acting allowance or otherwise through other proceedings. The action at any rate does not operate to the prejudice of the workman as a part of conditions of his service as prevailing before the date of the reference of industrial dispute. There is no direct case on the point. Perhaps this is the first case of its kind and therefore could not reach the stage of judicial anvil for determination .The matter, how- ever, is so clear that no guidance from any reported case is needed and none to the point in issue was cited on behalf of the either party.

It is, therefore, held that even assuming that the allegations made by the com- plainant are correct there has been no violation of Sec. 33 I. D. Act and therefore the application under Sec. 33A is not maintainable. Since the order amounts to an award let the same be sent to the appropriate Government for necessary action.

(Sd.) G. C. AGAHWALA,

Presiding Officer. 7-9-87 [No. 24/26/64-LR. I.]

S.O. 3851.— In pursuance of section 17 of the Industrial Disputes Act, 1947, (14 of 1947) the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta, in the industrial dispute between certain employers in relation to the Docks in the port of Calcutta and their workmen which was received by the Central Government on 5th October, 1967.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA.

REFERENCE NO. 64 OF 1967

PARTIES:

Employers in relation to the names specified in the Schedule I annexed below,

AMD Their workmen.

PRESENT:

Shri S. K. Sen.—Presiding Officer.

STATE: West Bengal,

INDUSTRY: Port & Dock.

AWARD

By Order No. 28(19)/67-LRIII dated 5th August, 1967, the Central Government referred for adjudication an industrial dispute between the employers specified in the Schedule I and their workmen in respect of the matter specified In Schedule II quoted below: —

SCHEDULE I, 1. M/s- A- C Roy & Co- Private Ltd., 5, Mission Row, Calcutta-1. 2. M/s. Balailal Mookerjee & Co. Pvt- Ltd., Wardley House, 25-Swallow

Lane, Calcutta-1-

3. M/s. Beney Madhub Mookerjee & Co., 74, Bentink Street, Calcutta-1. 4. M/s- Butterworth & Farmer, Opposite No- 12-Kldderpore Dock, Cal- cutta-43.

5. M/s. Darabshaw B, Cursetjees' Sons Private Ltd., 13, Brabourne Road, Calcutta-1.

6. M/s. B- Bose Private Ltd., 43 Dharamtala Street, Calcutta-13. 7- M/s. E- C. Bose & Co- Private Ltd., 22, Strand Road, Calcutta-1. 8. M/s. H. M. Coria & Son Private Ltd., 48M, Park Street, 2nd Floor, Calcutta-16.

QpjO THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PART II-

9. M/s. J. N. Mukherjee & Co. Private Ltd., 20, Strand Road, Calcutta-1.

10. M/s- Keshavlal P. Gorsla. 24, Strand Road, Calcutta-1- 11- M/s- Elias (Pvt.) Ltd., 18, Netaji Subhas Road, Calcutta-1. 12. M/s. P. E- Davi & Co. (Stevedores) Pvt. Ltd , Messanine Floor. 18-Strand Road, Calcutta-1.

13. M/s. Santosh Chandra Banerjee & Sons Pvt. Ltd., 7, Swallow Lane, Calfutta-1.

14 W s. Sarat Chatterjee & Co. (Pvt.) Ltd., 3, Mangoe Lane, Calcutta-1. 15. M/S. Alex Miller (Shlpchandlers) Private Ltd-, 7, Old Court House Corner CaleuUa-1.

10. M/s. Banerjee & Chatterjee Stevedores (Pvt.) Ltd., 13, Camae Street, Calcutta-18.

17. M/s. M- Ghose & Co. Pvt. Ltd., 29, Mission Row Extension, Calcutta-13. 18. Calcutta Supply Agency, 8, Canning Street, Calcutta-1. 19. M/s. Chatterjee Hazra Private Ltd., 2 & 3. Cllve Row, Calcutta-1- 20. M/s. Naresh Nath Mookerjee, 6-Clive Row, Calcutta-1, 21. M/s. Pratul Mukherjee (Stevedores) Pvt. Ltd., 19, Strand Road, Cal- cutta-1.

23. M/s. Sen Mukherjee & Co., P-20, Radhabazar St., Calcutta-1. 23. M/s. Sharma & Co., 8/2, Fern Road, Calcutta-19. 24. M/s. T. P. Roy Choudhuri & Co. Pvt., Ltd., "Roxy Buildings", 4/B, Chowringhee Place. Calcutta-13,

25. M/s. Chinay Chablani & Co., 13-Braboume Road, Calcutta-1. 20. M/a. Miscos (India) Pvt., Ltd., 13-Brabourne Road, Calcutta-1. 27. The Master Stevedores Association, Royal Exchange, 6, Netajl Subhash Road, Calcutta.

28. The Calcutta Stevedores Association, p-11, Mission Row Extension, Cal- cutta.

29. Chairman. Calcutta Dock Labour Board, Calcutta.

ScnmiirLE II

Whether the demand for payment of bonus by the registered and listed workers excludinR the Chipping and Painting Workers, at the Cal- cutta Docks for the financial year 1966-67 is justified? If so, to what relief are they entitled?

After issue of notices to the parties, without filing any written statement the narties have jointly appeared before the tribunal with a joint petition for approv- ing of the terms of settlement incorporated in the agreement enclosed with the joint petition as Annexure A. By the agreement which was entered into on 5th September, 1967, the parties have agreed not only as to the bonus for the financial vear 1966-67 which was the subject matter of the reference but also in respect of the bonus for ensuing financial year 1967-6B. The terms must be considered favourable to the workmen because the rate of bonus per ton has been consider- ably increased from the rate which was agreed for the previous years.

Accordingly I approve of the termg of settlement incorporated in the agree- ment and I make my award in terms of the joint petition including the agree- ment which is made part of the award.

Dated 25th September, 1967.

Sd./- S. K. SEN,

Presiding Officer.

Ssa. 8(11)} THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 8, 1889 4071

BEFORE THE PRESIDING OFFICEB, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT CALCUTTA. In the matter of

Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), Order of Reference No. 28(10)/67-LRIII.

AND

In the matter of

Reference No. 64 of 1967 of the Central Government Industrial Tribunal.

AND

In the matter of

Messrs. A. C. Roy & Co., Private Ltd., and 27 others and Chairman, Calcutta Dock Labour Board, Employers as specified In Schedule I to the Ordfir of Reference.—Employers.

Versus

Their Workmen.—Workmen.

The humble petition of—

1. President Master Stevedores' Association representing Employers No. 1 to 14.

2. President, Calcutta Stevedores Association representing Employers No. 15 to 26.

3. Chairman, Calcutta Dock Labour Board.

AND

1. President, Calcutta Dock Workers Union.

2. Joint General Secretary, West Bengal Dock Mazdoor Union.

3. Joint General Secretary, National Union of Waterfront Workers.

1,,2 and 3 Trade Unions representing all workmen.

Most respectfully sheweth:

(1) That adjudication on the issue mentioned in Schedule n to the Order of Reference is pending before this Tribunal.

(2) That the Employers' Associations Nos. 1 and 2 representing employer* as mentioned above on one part and the Trade Unions No 1, 2 and 3 above representing workmen on the other part, have after mutual discussion and negotiation amicably settled the issue referred to for adjudication, and have executed an Agreement in full settlement of all their claims under the Issue detailed in Schedule II to the Order of Reference incorporating the terras of settlement. The manner 01 recovery and payment of the Bonus by the Calcutta Dock Labour Board have been duly authorised and approved by the individual Employers and the Employers' Associations aforesaid and have been agreed to by the Trade Unions aforesaid. The said Agreement H annexed hereto and marked "A".

(3) That in view of the compromise arrived at by and between the indi- vidual Employers, the Employers' Associations and the Trade Unions aforesaid and the approval and agreement a'so referred to above with regard to the matters mentioned in the Order of Reference it is not necessary to proceed any further with the adjudication on the baaia of Order of Reference. Your petitioners, therefore, humbly pray that your Lordship may bo graciously pleased to approve of the terms of settlement m"wporot- id in the Agreement marked as Annexure "A" to this petition, and

4072 T Hl GAZETTE OF INDIA : OCTOBER 28, 1967/KAkTIlCA 6. 1889 [PvOtT H-

to pass an award accordingly treating this petition with the annex- ed Agreement as part of the same and your petitioners as in duty bound shall ever pray.

Enclosure: Agreement—Annexure "A".

Deputy Chairman, on behalf of Chairman, Calcutta Dock Labour Board.

Sd./- D. K. GuHA.

President, Master Stevedores' Association on behalf of Employers No. 1 to 14.

Sd./- A. N. CHOWDHOHT.

President, Calcutta Stevedores Association on behalf of Employers Noa. 15 to 26 and 3 other employers the name of whom are not in the Order of Reference.

Sd./- N. N. MooKHERjm.

President, Calcutta Dock Workers' Union.

Sd./- B. PHASAD.

Joint General Secretary, West Bengal Dock Mazdoor Union.

Sd./- ZAFAR IMAM.

Joint General Secretary, National Union of Waterfront Workers.

Sd./- P. K. GANGUL*.

ANNEXURE "A"

AGREEMENT

The Employers' Associations and the Union agree that the payment of bonus for the financial year 1966-67 and 1967-68 be made to the registered and listed workers (monthly and pool) mentioned in Schedule I below. They further agree that the method of payment and recovery shall be as follows: —

(1) The Registered and Listed employers of the categories of workers men- tioned In Schedule I agree to pay to the listed and registered workers, monthly and pool, bonus at the following rates: —

(a) For the period 1st April, 1966 to 31st March, 1967—30 P. per deadweight ton of cargo handled by all employers.

(b) For the period 1st April, 1967, to 31st March, 1968—31 P. per dead- weight ton of cargo handled by all employers.

(2) The payment of bonus for 1966-67 may be made to the workers in April, 1868, and for 1967-68, in October, 1968.

(8) Recovery shall be made from the registered and listed employers from October, 1967, @ 60 P. per deadweight ton of cargo handled by each employer Recovery from the registered and listed employers shall continue to be made till •uch time the necessary fund is accumulated.

(4) The amount of money collected as under (3)above * a ll be difltrib^ed to the listed and registered workers (monthly and pool) on the basis 01 Weir •Sundanceduring the years 1966-67, and 1967-68, respectively.

SCHEDULE 1

Registered workers of the following categories: —

(a) Deck Foreman. (b) Hatch Foreman. (c) Winchman. (d) Sardar. (e) Mate. (f) Stevedore Mazdoor. (g) Tally Clerk.

. . - . ., ' k-¹ . * /a A* jfpn

Listed workers of the following cattgoritf.— Salt Workers, Stitchers and Baggers.

19. Sd./- S. N. CHArmum

Signed at Calcutta, the 5th day of September, 1907. Signature of Rmolovers and Unions: i. y a . /- A. IN. ^HOWDHxmy.

(President, Master Steve- dores' Assication).

2. Sd./- N. N. MOOKHERJEE.

(President, Calcutta Steve- dores Association).

3. Sd./- B. PHASAD

(President, Calcutta Dock Workers Union). 4. Sd./- ZAFAH IMAM

(Joint General Secretary, West Bengal Dock Mazdoor Union).

5. Sd./- P. K. GANGULY

(Joint General Secretary, National Union of Waterfront Workers).

6. Sd./- A. N. CHOWDHURY

(M/s. A. C. Roy & Co., Private Ltd.).

7. Sd./- RAN JIT MOOKERJKB

(M/s. Balailal Mookerjee & Co., Private Limited).

8. Sd./- K. MOOKERJI.

(Managing Partner, M/s. Baney Madhub Mookerjee & Co.) 9. S d 7-

(M/s. Butterworth & Far- mer).

10. Sd./-

Mg., Director (M/s. B. Bose Private Ltd.). 11. Sd,/- N. K. DusToou, Mg., Director. (M/s. D. B. Cursetjee's Sons Private Ltd.).

12. Sd./- DEB SADHAN BOSE.

(M/s. E. C. Bose & Co., Pvt., Ltd.).

13. Sd./- SHBUSH K. GORSIA.

Partner; (M/s. Keahavlal P. Gorsia.).

14. Sd./- S. K. MUKHKHJEBL

(M/s. J. N. Mukherjee & Co., Private Limited.).

15. Sd./-

Director. (M/s. H. M. Coria & Son P. Ltd.).

16. Sd./-

(M/s. M. Elias Private Ltd.).

17. SdV-

[M/s. P. E. Davis & Co.,

(Stev.) Pvt., Ltd.].

18. Sd./-

Director, (M/s. Santos Chandra Banerjee & Sons Private Ltd. Mg. Director. (M/s. Sarat Chatterjee fc C ",

Pvtv Ltd.).

20. Sd./-

Director-In-Charge, [M/s. Alex Miller (SC) Pri^ vate Ltd.]

21. Sd./-

(M/3. Banerjee & ChatterJM Stev., Pvt. Ltd.).

22. Sd./- K. K. VBRMA. Director, (M/". B. Ghose & Co., Prfc, Ltd.).

23. Sd./-

(M/s. Calcutta Supply Agen- cy.).

24. Sd./-

(M/s. Chatterjee Hazra P r t, Ltd.).

26. Sd./- NARISH NATH Mooicnjl (M/i. Naresh Nath Mooker- jee). 26. Sd./-

Mg. Director,

M/s. Pratul Mukh"rje" (Stevedores) P. Ltd.].

27. Sd./- K. P. MUKKBJI.

Partner, (M/s. Sen Mukherjee ft Co.). 28. Sd./~

(M/s. Sharma & Co.).

28. Sd./-

Managing Director, (M/s. T. P. Boy Choudhurt & Co., Pvt., Ltd.).

30. Sd./-

Partner, (M/s. Chlnoy Chablanl ft Co.).

31. Sd./-

[M/a. Miscos (India) P r t, Ltd.]

32. Sd./-

Partner, (M/s. C. Laurie & Co.). 33. Sd./- K. S. SWAMINAIHAIT

Partner,

(M/s. Liners Service.).

34. Sd./-

MR. Director

(M/s. H. D. Mookerjee k Co., Ltd.).

35. Sd./-

CM/a. M. L. Banerjee A Sons.).

Witness: Sd./- A. KHAN.

Witness: Sd /- TAHKER SARDAIL

[No. 28/10/B7-LRIIL1

t A . <& . , ^ LSB, 1907/KAiTlKA ". 186k (PAW I I-

New Delhi, the 20th October 1967

8.0. 3852.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Madras In the industrial dispute between the employers in relation to the Punjab National Bank Limited and their workmen which was received by the Central Government on the 13th October, 1967.

BEFORE THE INDUSTRIAL TRIBUNAL, MADRAS

FHday, the 22nd day of September, 1967

FBZSXNT:

Thiru M. Tajammul Hussaln, B.A., B-L.,—Industrial Tribunal.

IwouflTREAi DISPUTE NO, 17 OF 1967

(In the matter of the dispute between the workmen and the Management of Punjab National Bank Ltd., Madras-1.)

BETWEEN:

B. Govindakrishnan, General Secretary, All India Punjab National Bank Employees (Madras Unit) Association, No. 3, Muthiah Mudail St., Madras-21.

AND:

The District Manager, Punjab National Bank Ltd., No. 107, Armenian St., Madras-21.

Reference:—Government of India Order No. 51 (76)-66 IV dated 15th February 1967 Department of Labour and Employment, Ministry of Labour, Employ- ment and Rehabilitation Government of India, New Delhi.

This dispute coming on for final hearing on this' day and upon perusing the reference, c'aim and counter statements and the parties to this dispute having filed a joint memo of settlement stating that the dispute has been settled by a compromise entered into between them already, this Tribunal made the following.

AWARD

This is a reference by the Central Government. This industrial dispute bet- ween the management and workmen of the Punjab National Bank Ltd., relates to the reversion of Shri V. Thiagarajan, Accountant, Mylapore Branch as Super- visor with effect from the 1st August, 1966,

2. Tho claim statement was filed by the All India Punjab National Bank Employees' Association (Madras Unit) setting out the case of the concerned workman and the circumstances leading to the reversion of the workman,

3 The management of the Punjab National Bank filed a counter statement repudiating the c aim of the worker and contending that the worker is not entitl- ed to any relief. It is not necessary to set out the allegations made in the claim statement and the defence raised in the counter statement, as the parties to the dispute have settled the dispute and filed a joint memorandum of settlement m court.

basis as other officers of the Bank.

,-,-- ' , . • — '

i i

5. The joint memorandum of settlement filed into the Court is recorded. An award is passed in terms of the joint memorandum of settlement. Parties are directed to bear their own costs. The terms of joint memorandum of settlement will form an annexure to the award.

(Sd,) M. TAJAMMUL HUSSAIN,

Industrial Trlbunal-

List of witnesses examined

POT the worker \ „ For Ihe Management / w o ne

List oj" documents marked

For  the worker           "V    "-,
 For  the Management       j     l~

ANNEXUBE

Joint Memorandum of Settlement

1. In view of the fact that Shri V. Thiagarajan, has now been Pr o i^ t ed as Officer and is functioning as such, it has become unnecessary to decide the issue referred to for adjudication.

2. In respect of promotion In future for Shri V. Thlagwijjan, the existing

h° £dX e rs rules of the Bank relating to promotion among officers, w to him and he would be treated on the same basis as other omeers of the Bank, for this purposes. Signed at Madras, the 22nd September, 1967.

(Sd.) G. R. BAMM. Assistant Secretary,

^strict Manager. The All India Punjab National

(Madras Unit) Madras-21.

The Punjab National Bank Ltd. ^^ Employees' Association Southern Circle, Madras-1- for the Management of. Bank.

(Sd.) V. TmAGAHAJAN. Workman affected and party to the dispute. ^ ^ 5 1 / 7 6 / 6 6.miV.]

ORDERS

ttew Delhi, the nth October 1967

SO. M S ^ V r b e^ the Central Govcrnrnent ta of ^ ^ ^ ^ ^ 1^

by, such dispute; -

And whereas the Central Government is of opinion that the dispute should adjudicated by a National Tribunal;

And, whereas the Central " ^ ™ ^ ^ J f S ^ £ ^ ^ t t f S M^

^ ^ ^ T ^ S S ^ ^ f f ^ ^ ^ ^^ OT a"ected by, such dispute;

Now, therefore, in exercise of ^ ' ^ g ^ ^ ^ KS (?/of 19m lions (1A) a nd (5), of a c t i on 10 of t he Industrial J J i s p m e^ ^ C a l c u t t a> ol the Central G o v e r n m e nt h e r e by constitute, a wationa ^^ d l s p ut t0 which Shri S- K. Sen shall be t he Presidmg OHU-er. an t r e f e r e n C Bi t he

S ^ ^ f f i ^¹^⁸ a t ^ S ^^ S ^ t S, Machine Too!sat Hydera-

bad-

.. "•" i VI ' , *"—

SCHIDULJE I

(1) Hindustan Machine Tools I, Bangalore. (2) Hindustan Machine Tools II, Bangalore. (3) Hindustan Machine Tools IV, Kalamassery, Kerala.

SCHEDULE II

(1) Whether the demand of the workmen in the Hindustan Machine Tools I and II at Bangalore for payment of bonus at the rate of 20 per cent of their salary for the year 1966-67 is Justified? If not, to what quantum of bonus are they entitled?

(2) Whether the workmen of the Hindustan Machine Tools at Kalamaaseri, Pinjore and Hyderabad are entitled to any bonus and if ao, what should be the quantum of such bonus?

<3) Whether the demand of the workmen of the Hindustan Machine Tools I and II at Bangalore and of the Hindustan Machine Tools IV at Kalamasseri that the bonus should be calculated on the basis of a consolidated Profit and loss Account for all the units and all activities and not on the basis of Profit and Loss Accounts of the separate units and separate activities is justified? ^ 4 / 1 3 B / M n t]

New Delhi, the 20th October 1967

8,O. BSfHr-Whereas the Central Government ii of opinion that an industrial dispute exists between the employers In relation to the Norwich Union Fire Insur- ance Society Limited, the Scottish Union and Notional Insurance Company and the Maritime Insurance Company Limited, Calcufta, and t^elr workmen In respect of the matter specified in the Schedule hereto annexed;

And, whereas the Central Government considers It desirable to refer the said dispute for adjudication;

Now, therefore. In exercise of the powers conferred by clause (d) of sub-section (1) of section id of the Industrial disputes Act, 1947 (14 of JH7), the Centoal Government hereby refers the said dispute for adjudicatlonTb the Industrial Tri- bunal, Calcutta constituted under section 7A of the said Act

ScHKDTIfj:

Whether the demand of the workmen of the Norwich Union Fire Insurance Society Limited, the Scottish Union and National Insurance Company and the Maritime Insurance Company Limited, Calcutta for Introduction of a Gratuity Scheme is justified? If so, to what relief are tHB workmen entitled?

[No- 70/11/67-LRinj

8.O. 3855.—Whereas the employers In relation to the New India Assurance Company Limited, Bombay and their workmen represented by the New India Assurance Company Limited Employees Union, Kanpur, have jointly applied to the Central Government for reference of an industrial dispute that exists between them to an Industrial Tribunal In respect of the demand of the workmen set forth in the said application and reproduced In the Schedule hereto annexed;

And, whereas the Central Government Is satisfied that the said New India Assurance Company Limited Employees' Union, Kanpur represents the majority of the workmen;

Now, therefore, in exercise of the powers conferred by Section 7A and sub- section (2) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Cen- tral Government hereby constitutes an Industrial Tribunal of which Shrl Mlthan Lai shall be the Presiding Officer, with headquarters at Allahabad and refers the said dispute to the said Tribunal for adjudication.

SCHEDULE

The specific matter In dispute relates to the demand for overtime from the General Secretary of the New India Assurance Co. Ltd., Employees' Union, Uttar Pradesh, for keeping the Company's offices in the U.P- open on 15th, 17th and 21st February, 1967, which were declared as Holidays under the Negotiable Ins- truments Act by the Govrenment of UP- for General Elections. The management .has declined to pay overtime for the same.

[No. 74/7/67/LRIIL]

WE. , . , 94 iW , . *H I . ^ /*d 4?, 40jy

SvO. 88JHt.—Whereas, the Central Government is of opinion that an industrial dispute exists between the employers In relation to the Union Co-operative Insur- ance Society Limited, Calcutta and their workmen in respect of the matter speci- fied In the Schedule hereto annexed;

And, whereas, the Central Government considers It desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1047 (14 of 1947), the Central Gov- ernment hereby refers the said dispute for adjudication to the Industrial Tribunal. •Calcutta constituted under section 7A of the said Act-

SCHEDULE

Whether the action of the management of the Union Cooperative Insurance Society Limited, Calcutta in dismissing from service Shri P. K- Basu Majiimdar, Assistant, with effect from the 7th July, 1967 is justified. If not, to what relief Is he entitled?

[No. 70/19/67-LRIIL]

S,O. 8857.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to (1) The Visakhapatnam Minerals Association, Visakhapatnam (2) Messrs. K. Ramabrahamam and Sons Stevedores and Iron and Steel Handling Contractors, Visakhapatnam, (3) Messrs Dhana Reddy and Company, Stevedores and Iron and Steel Handling Contractors, Visakhapatnam and their workmen in respect of the matter specified in the Schedule hereto annexed;

And whereas the Central Government considers it desirable to refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by section 7A and clause (a) of sub-section (1) of section 10 of the Industrial Disputes Act 1947 (14 of 1947), Ilhe Central Government hereby constitutes an Industrial' Tribunal of •which Shri Mohammed Nijamuddin shall be the Presiding Officer with head- quarters at Hyderabad and refers the said dispute for adjudication to the said Tribunal.

SCHEDULE Whether the Iron and Steel handling labour at the Port of Visakhapatnam are entitled to the payment of bonua under the Payment of Bonus Act, 1965 for the accounting years commencing on any dated In 1964, 1965 and 1966 from the iron and steel handling contractors at the Port of Visakhapatnam? If so, at what rate?

[No. 28/106/67-LRIII.]

New Delhi, the 21st October 1967

S.O. 3858.—Whereas the employers in relation to Jaipur Mineral Development Syndicate (P) Limited. Jaipur, and their workmen represented by Dagota Khan Mazdoor Union, Dagota H.O., Dausa (Rajasthan) have jointly applied to the Central Government for reference to a tribunal of an industrial dispute that exists between them in respect of the matters set forth in the said application and reproduced In the Schedule hereto annexed;

And, whereas, the Central Government is satisfied that the said Dagota Khan Mazdoor Union represents a majority of the workmen;

Now, therefore, in exercise of the powers conferred by section 7A and sub- section (2) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby constitutes an Industrial Tribunal of which Shri Jawan Singh Ranawat shall be the Presiding Officer with headquarters at Jaipur and refers the said dispute for adjudication to the said Tribunal.

SCHEDULE

1. "Whether demand by the workmen of Jaipur Mineral Development Syndi- cate Private Ltd., Jaipur represented by Dagota Khan Mazdoor Union Dausa, for the revision in the existing rates Of wages of the workmen employed in the mines from Rs. 1.50-10 paise 2.25 to Rs. 2.25-15 paise Rs. S/- is justified? And to what relief, if any, the workmen are entitled and from what date?"

4.07M, THE GAZETTE OF'INDIA: OCTOBER 28, 1967/KAttf ifcA 3, 1189 IPAKT II-

2. "Whether demand by the workmen of Jaipur Mineral Development Syndicate Private Ltd., Dausa, Jaipur, represented by the Dagota Khan Mazdoor Union, Dausa. Jaipur (Rajaathan) for the grant of D. A. to the workmen employed in the mine in accordance with the recommendations of the Mathur Committee Report is justi- fied? And to what relief, if any, the workmen are entitled and from what date?"

3. "Whether demand by the workmen of Jaipur Mineral Development Syndicate Private, Ltd., Dausa, Jaipur represented by the Dagota Khan Mazdoor, Union, Dausa, Jaipur (Rajasthan) for the revision of wages of underground workers of the mine so as to make the starting salary between Rs. 3/- to Rs. 4/- per day is justified? And to what relief, if any, are the workmen entitled and from what date."

4. "Whether demand by the workmen of Jaipur Mineral Development Syndicate Private Ltd., Dausa, represented by the Dagota Khan Mazdoor Union, Dausa, Jaipur (RajasthanX for the grant of cycle allowance @Rs. 5/- per month, to the under- ground workers of mines is justified? And to what relief, if any, are the work- men entitled and from what date?"

[No. F. 24/1/67-LRI.]

S. S. SAHASRANAMAN, Under Secy.

(Department of Labour & Employment)

New Delhi, the 18th October 1967

S.O. 3859.—In exercise of the powers conferred by sub-section (1) of section 5 of the Mines Act, 1952 (35 of 1952), and in partial modification of the notification of the Government of India, in the late Ministry of Labour and Employment"No. S.O, 3590, dated the 28th November, 1965, the Central Government hereby appoints Shri M. Prakasa Rao, Secretary, Mica Mines Labour Welfare Fund, Andhra Pradesh to be an Inspector of Mines subordinate to the Chief Inspector of Mines vice Shri P. Mallikanjunam.

[No, 3/24/67-M.IIL]

S.O. 3860.—In exercise of the powers conferred by sub-section CD of section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), the Central Government hereby makes the following Scheme further to amend the Vizagapatam Dock Workers (Regulation of Employment). Scheme, 1959, the same having been previously published as required by the said sub-section, namely: —

1. This Scheme may be called the Vizagapatam Dock Workers (Regulation of Employment) Amendment Scheme, 1967.

2. In the Vizagapatam Dock Workers (Regulation of Employment) Scheme, 1959 —

(a) except in sub-clause (e) of clause 3 and clauses, 6, 8 and 10, for the words "Executive Officer'' wherever they occur, the words "Deputy Chair- man" shall be substituted;

(b) for sub-clause (e) of clause 3, the following sub-clause shall be substitu-

ted, namely: —

(e) "Deputy Chairman" means the Deputy Chairman of the Vizagapatam, Dock Labour Board;'

"6- Appointment of officers and other staff.—The Board may appoint such, officers and servants as H deems necessary and pay them such sal- aries and allowances and prescribe such terms and conditions of service as it deems fit:

Provided that no post the maximum salary of which exclusive of allowr ances is rupees eight hundred and above per mensem shall be created and no appointment to such post shall be made by the Board except with the previous approval of the Central Government:

Provided further that the sanction of the Central Government shall not be, necessary to any appointment in a leave vacancy of a duration of not more than three months";

(d) In clause 8, sub-clause (k) shall be omitted;

Sec 8(il)3 , GA, ,OF .. . „ ", .

(e) for clause 10, the following clause shall be substituted, namely: —

"10. Responsibilities and duties ol the Deputy Chairman.—The Deputy Chairman shall be a whole-time officer of the Board and shall assist the Chairman in the discharge of his functions and in particular shall—

(a) discharge all functions relating to disciplinary action against regis- tered employers and dock workers to the extent permitted under clause 44;

(b) function as Chairman of Committees ol the Board to which he may

be nominated a member;

man;

(d) carry out the functions of the Administrative Body under clause 11, if he is so appointed under clause 5 or if there 1B no Administrative Body appointed under clause 5;

(e) exercise such other functions as are delegated to him In writing by

the Chairman."-

[No. 528/171/65-Fac.IL]

S.O. 3861.—In exercise of the powers conferred by sub-section (1) of section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), the Central Government hereby makes the following further amendment in the Calcutta Dock Workers (Regulation of Employment), Scheme, 1956 the same having been previous- ly published as required by the said sub-section, namely: —

Amendment Scheme

1. This Scheme may be called the Calcutta Dock Workers (Regulation of Em- ployment) Amendment Scheme, 1967-

2- In the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956, in clause 19—

(i) for sub-clause (3), the following shall be substituted namely: —

"(3) The Chairman or the Deputy Chairman may, for sufficient and valid reasons, allow the transfer of a monthly worker to the reserve pool or vice versa on a request in writing of the employer or the worker as the case may be explaining fully the reasons for the transfer and no such transfer shall take place without the prior approval in writing of the Chairman or the Deputy Chairman:

Provided that transfer in respect of a monthly worker to reserve pool shall be subject to the fulfilment of any contract subsisting between the monthly worker and his employer regarding termination of employ- ment:

Provided further that in the event of transfer of gang workers the transfer shall be of the gang as unit but each worker in the ganp may in- dividually apply for the transfer and their cases shall be dealt with on the merils of each such application for transfer and unless all the workers in a gang apply for transfer from the monthly register to the reserve pool or vice versa the decision for such transfer shall be taken on the views of the majority In a gang and the workers who do not agree to the transfer shall be transferred to the sub-pool of leave reserve workers-"

(ii) after sub-clause (5), the following new sub-clause shall be inserted, namely: —

"(6) If a reserve pool worker is transferred to the monthly register, his previous service shall be reckoned for all benefits in the monthly register and the Board shall transfer to the monthly employer all benefits that have accrued to the worker in respect of previous ser- vice as if such service had not been transferred- The Board shall, In particular, transfer to the monthly employer such amount as may be appropriate towards the worker's leave, Provident Fund or Gra- tuity that may be due to him on the date of such transfer-"

[No- 53/17/67/Fac. II.]

4&&0 '• '-

. L :" < -28, /ttAA i t, 1" ^ U-

S.O. 38616.—In exercise of the powers conferred by sub-section (1) of section S of the Mines Act, 1952 (35 of 1962), and In supersession of the Notification of the Government of India in the late Ministry of Labour and Employment No. S.O. 3826, dated the 4th November, 1965, the Central Government hereby appoints Shri G- D- "Varma, Secretary, Mica Mines Labour Welfare Fund, Rajasthan, to be an Inspector of Mines subordinate to the Chief Inspector of Mines-

[No. 7/7/67-M. III.]

K. D. HAJELA, Under Secy-

(Department of Labour & Employment)

New Delhi, the 18th October 1967

S.O, 8863,—In exercise of the powers conferred by sub-section (2) of section 5D of the Employees' Provident Funds Act, 1952 and In supersession of the notifica- tion of the Government of India in the late Department of Social Security No. S.O. 2, dated the 22nd December, 1964 the Central Government hereby appoints Shri Devki Nandan as Regional Provident Fund Commissioner, for the whole of the State of Rajasthan to assist the Central Provident Fund Commissioner In the discharge of his duties vice Shri R. R. Sahae.

[No. 17(63>/64-PF.I-(i).]

SO. 3864—In exercise of the powers conferred by sub-section (1) of section 13 of the Employees' Provident Funds Act, 1952 (19 of 1952), and in supersession of the notification of the Government of India in the late Department of Social Security No. S-O- 3, dated the 22nd December, 1964, the Central Government hereby appoints Sri Devki Nandan to be an Inspector for the whole of the State of Rajasthan for the purposes of the said Act and any Scheme framed thereunder, In relation to any establishment belonging to, or under the control of the Central Government or in relation to any establishment connected with a Railway Com- ipany, a major port, a mine, or an oil field or a controlled industry.

[No. 17(e3)/64-PF.I-(H).]

New Delhi, the 20th October 1967

S.O. 38*5.—In exercise of the powers conferred by section 7SF of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government, having regard to the location of the factories specified in column (4) of the Schedule below in spares areas specified in the corresponding entry in column (3) of the said Sche- dule in the State of Bihar, hereby exempts the said factories from the payment of the employer's special contribution leviable under Chapter VA of the said Act until the enforcement of the provisions of Chapter V of the said Act In those areas:—

THE SCHEDULE

1. Name of District Name of Area

Name of the factory

No.

(3)

(4)

( i)

I. 2.

M/s. Shyama Mills. M/B. Mitra Engg. Co., Gandak Project Bhagatpur Champaran .

Colgong Bettish .

Colony.

3- 4-

Darbhanga . Dhanbad Do. Monghyr

Sakari . Sijua Jamdiha Bariarpur

Do. Do. Hazaribagh .

Khadigram . Gantamore Kodarma

M/s. Govt. Tiles Factory. M/s. Shreyaskar Equipment (P) Ltd. M/B. Jamadih Engg. & Foundry. (Q M/s. Sita Ram Sawaria. (it) M/s. Bihar Stone Mines Co. M/s. Saranjam Vidyalaya. M/s. Narcah Mills. M/s. Match Splint Factory,

tac. 3(il)] THE GAZETTE OF INDIA : OCTOBER 88, 1967/KARTIKA 6, 1889 4081"

( I)

(3)

(4)

Kurscla

. M/s. Gammon India Ltd., P.O. Ajodhya- Purnea .

ganj Bazar.

Kishangan]

M/8. Sri Krishna Saw Mill, At Darjiling Do.

U a Hiv.oaci.

8. 9. 10.

Patna . Palamau Ranch! . Do.

. Bihta . . Daltenganj , Khuti . Jounha

. M/s. 33 K.V. Electric Supply Sub-Division. . A.M. Jordan (P) Ltd., Baratola. M/s. Y.P. Khanna Saw Mill. M/s. Omprakash & Co., Stone-Crusher at

ixupra.

1 1.

Do. Singhbhum . Do. Do. Do. Do.

Halhundu Goelkera Sitarampui Chakulia Goalbera Chakradharpur

12. Santhal Pargana

Do.

. Pakur . Godda .

. M/s. Tribut Stone & Lime Works at Dundu. . M/s. Match Plint Factory, Railway Station. . Water Works, (S.D.O.) . M/s. Janta Engg. & Foundry. M/s. National Saw Mills. . M/s. Patel Saw Mill, Dandasl. . M/s, Hardwar Pd. Bhagat Bhola Pd. Bhagai. . M/s. Shiv Shankar Saw Mill.

[No. F. 6(ll)/67-HI.].

S.O. S866.—In exercise of the powers conferred by sub-section (1) of section 13 of the Employees' Provident Funds Act, 1952 (19 of 1952) and in partial modifi- cation of the notification of the Government of India in the late Ministry of Labour and Employment No- S-O. 2173, dated the 10th October, 1958, the Central Govern- ment hereby appoints Shri K R. Sreedharan to be an Inspector for the Mahe area of the Union Territory of Pondicherry also for the purposes of the said Act and of any scheme framed thereunder, in relation to any establishment belonging to or under the control of the Central Government or in relation to any establishment connected with a railway company, a major port, a mine or an oil field or a con- trolled industry.

[No. 20(85)65-PF.I(i).]

S.O. 3867.—Whereas Shri K, R, Sreedharan has been appointed as Provident Fund Inspector vice Shri M, T. Muthu Pillai for the Mahe area of the Union Terri- tory of Pondicherry-

Now, therefore, in exercise of the powers conferred by sub-section (1) of .section 13 of the Employees' Provident Funds Act, 1952 (19 of 1952), the Central Govern- ment hereby makes the following amendment in the notification of the Government of India In the Ministry of Labour, Employment and Rehabilitation No. S O 398 dated the 23rd January, 1967, namely:—

In the said notification, the words " and the Mahe area of the Union Territory- of Pondicherry" shall be omitted.

[No. 20(85)65-PFJ(ll-).]

S.O. 3868.;—Whereas Messrs Favre-Leuba and Company Limited. 211-219, Dr. D. N. Road, Fort, Bombay-1, (hereinafter referred to as the said establishment has applied for exemption under clause (b) of sub-section (1) of section 17 of the Employees' Provident Funds Act, 1952;

And whereas the employees of the said establishment are in enjoyment of bene- fits in the nature of provident fund and gratuity and the Central Government ia of opinion that such benefits are on the whole not less favourable to such employees than the benefits provided under the Employees' Provident Funds Act, 1952 (19 of 1952). and the Employees' Provident Funds Scheme, 1952 (hereinafter referred to as the said Act and the said Scheme respectively) in relation to employees in Any other establishment of a similar character;

Now, therefore, in exercise of the powers conferred by clause (b> of sub- section (1) of section 17 of the said Act and subject to the conditions specified in tfte Schedule annexed hereto, the Central Government hereby exempts the said estab-

4082 THE GAZETTE OF INDIA : OCTOBER 28, 1967/KARTIKA 6, 1889 [PABT II-

lishment from the operation of all the provisions of the said Scheme and In pur- suance of subsection (3) of the said secti m 17, the Central Government hereby directs that—

(a) the employer in relation to the said establishment shall pay within fifteen days of the close of the month to the Employees' Provident Fund, inspection charges at the rate of 0.09, per cent (zero point zero nine per cent) of the pay (basic wages, dearness allowance, retaining allowance, If any, and cash value of food concession admissible there- on) for the time being payable to the employees of the said establish- ment who would have become members under the said Scheme but for this exemption;

(b) the said employer shall invest the provident fund contributions in Cen- tral Government securities within thirty days of the close of the month to which the contributions relate.

THE SCHEDULE

1. The employer shall submit such returns to the Regional Provident Fund 'Commissioner as the Central Government may, from time to time, prescribe.

2- The employer shall furnish to each employee an Annual Statement of Account ^or Pass Book-

3. All expenses Involved in the administration of the Provident Fund including the maintenance of accounts, submission of accounts and returns, transfer of accu- mulations, payment of inspection charges etc, shall be borne by the employer.

4. The employer shall display on the Notice Board of the establishment a copy -of the Rules of the Provident Fund as approved by the appropriate Government and, as and when amended, alongwith a translation of the salient points thereof in the language of the majority of the employees.

5. Where an employee who is already member of the Employees' Provident Fund (Statutory Fund) or the Provident Fund of another exempted establishment is employed In his establishment, the employer shall immediately enroll him as a "member of the Fund of the establishment, and accept the past accumulations in respect of such employee and credit to his account.

6. The employer shall enhance the rate of provident fund contribution appro- priately if the rate of provident fund contributions for the class of establishment in which his establishment falls is enhanced under the Employees' Provident Funds Act, 1952 so that the benefits under the Provident Fund Scheme of the establish- ment shall not become less favourable than the benefit provided under the Emp- loyees' Provident Funds AcL, 1952.

7. The establishment shall submit an audite-1 Balance Sheet of its provident fund every year to the Regional Provident Fund Commissioner within 3 months of the close of the year.

8- Notwithstanding anything contained in the provident fund rules of the estab- lishment the amouit payable to any member, upon his ceasing to be an employee • of the establishment or transferable on his transfer to any other establishment by way of employer's and employees' contributions plus interest thereon taken to- gether with the amount, if any, payable under thtTGratuity Rules, be less than tha amount that would be payable as employer's and employees' contributions plu8 interest thereon, if he were a member of the Provident Fund, under the Employees' Provident Funds Scheme, 1952 the employer shall pay the difference to the member as compensation/special contribution.

9. No amendment of the Rules of the provident fund shall be made without the previous approval of the Central Provident Fund Commissioner. Where any amendment is likely to affect adversely the interests of the employees,, the Central Provident Fund Commissioner shall, before giving his approval, give a reasonable opportunity to the employees to explain their point of view-

[No- 11/50/67-PF.n.T

9KC 3(ii)] THE GAZETTE OF INDIA: OCTOBER 28, 1967/KARTIKA 6, 1889 4083

S.O. 3869.—Whereas Messrs BijU Cotton Mills' Private Limited, Hathrasi (Aligarh) were granted exemption from the Employees' Provident Funds Scheme. 1952 under Sub-section (1) of section 17 of the Employees' Provident Funds Act, 1952 (19 of 1952) through the notification of the Ministry of Labour and Employ- ment (Office of the Central Provident Fund Commissioner, Employees' Provi- dent Fund) No. S-R.O, 3416 dated the 17th October, 1957 published in Part II. Section 3 of the Gazette of India dated the 26th October, 1957;

And, whereas the employer in relation to the said establishment has expressed his willingness to surrender the exemption voluntarily and has requested for can- cellation of the said exemption;

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 17 of the said Act, the Central Government hereby cancels, with imme- diate effect, the said exemption.

[No. 9(23)63-PF-II.J

S.O. 3870.—In exercise of the powers conferred by the first proviso to section •6 of the Employees' Provident Funds Act, 1952 (19 of 1952), the Central Govern- ment, after making necessary enquiry into the matter, hereby specifies that, with, effect from the 1st August; 1967, section 6 of the said Act shall, in its application Ito Messrs Lona Industries Private Limited, Tungarli, Lonavala, EHstrict Poorta, be subject to the modification, that lor the words "six and a quarter per cent", the words "eight per cent" shall be substituted-

LNo. 8/62/67-PF-II •]

S.O. 3S71*—Whereas Messrs Singer Sewing Machine Co., 207, Dr. D. Road, Fort, Bombay-1 (hereinafter referred to as the said establishment) has applied for exemption under Clause (b) of sub-section (1) of section 17 of the Employees' Provident Funds Act, 1952;

And whereas the employees of the said establishment are in employment of benefits in the nature of provident fund and gratuity and the Central Govern- ment is of opinion that such benefits are on the whole not less favourable to such errmlovees that the benefits provided under the Employees' Provident Funds Act, 1952 (19 of 1952) and the Employees' Provident Funds Scheme, 1952 (hereinafter referred to as the said Act and the said Scheme respectively) in relation to •employees in any other establishment of a similar character;

Uow, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of section 17 of the said Act and subject to the conditions speci- .fled in the Schedule annexed hereto, the Central Government hereby exempts the said establishment from the operation of all the provisions of the said Scheme and In pursuance of sub-section (3) of the said section 17, the Central Govern- ment hereby directs that—

(a) the employer in relation to the said establishment shall pay within fifteen days of the close of the month to the Employees' Provident Fund, inspection charges at the rate of 0.09 per cent (zero point zero nine per cent) of the pay (basic wages, dearness allowance, retain- In^ allowance, If any, and cash value of food concession admissible thereon) for the time being payable to- the employees of the said estab- lishment who would have become members under the said Schems but for this exemption;

(b) the said employer shall invest the provident fund contributions in Central Government securities within thirty days of the close of the month to which the contributions relate.

THE SCHEDULE

1. The employer shall submit such returns to the Regional Provident Fund •Commissioner, as the Central Government may, from time to time, prescribe.

2. The employer shall furnish to each employee an Annual Statement of Ac- count or Pass Book

3. All expenses involved in the administration of the fund Including the main- tenance of- accounts, submission of accounts and returns, transfer o£ accumula- tions, payment ol inspection charges etc., shall he borne by the employer.

4. The employer shall display on the Notice Board of the establishment a •copy of the Rules of the Fund as approved by the appropriate Government

4<&4 T HE GA^Ettft OF INDIA: OCTOBER 2fi, 19W/KAkT]ftA 6, 1889 [PAW II-

"hd, as and when amended, alongwith a translation of the salient points thereof" In the language of the majority of the employees.

5. Where an employee who is already member of the Employees' Provident Fund (Statutory Fund) or the Provident Fund of another exempted establishment 1B employed in his establishment, the employer shall immediately enroll him as a. member of the Fund of the establishment, and accept the past accumulations in respect of such employee and credit to his account.

6. The employer shall enhance the rate of provident fund contribution appro- priately if the rate of provident fund contributions for the class of establishment In which his establishment falls is enhanced under the Employees' Provident. Funds Act, 19B2 so that the benefits under the Provident Fund Scheme of the establishment shall not become less favourable than the benefit provided under the Employees' Provident Funds Act, 1952,

7- The establishment shall submit an audited Balance Sheet of its provident fund every year to the Regional Provident Fund Commissioner within 3 ironths of the close of the year.

B. Notwithstanding anything contained in the Provident Fund Rules of the establishment the amount payable to any member, upon his ceasing to be an employee of the establishment or transferable on his transfer to any other estab- lishment by way of employer's and employees' contributions plus interest thereon taken together with the amount, if any, payable under the Gratuity Rules, be less than the amount that would be payable as employer's and employees' con- tributions plua Interest thereon, if he were a member of the Provident Fund under the Employees' Provident Funds Scheme, 1952, the employer shall pay the difference to the member as compensation/special contribution-

9. No amendment of the Rules of the Provident Fund shall be made without the previous approval of the Central Provident Fund Commissioner. Where any amendment is likely to affect adversely the interests of the employees the Central Provident Fund Commissioner shall, before giving his approval give a reasonable opportunity to the employees to explain their point of view.

[No. 11/36/87.-PF.II.]!

New Delhi, the 21st October 1967

S. O. 3872.—In exercise of the powers conferred by section 73F of the Employees' Statc" Insurance Act, 1948 (34 of 194S), the Central Government having regard to the location of the factories specified in the Schedule hereto annexed in sparse areas in the State of Madras, hereby exempts the said factories from the payment of the employer's special contribution leviable under Chapter VA of the said Act until the enforcement of the provisions of Chapter V of the said Act in the said areas.

THE SCHEDULE

Name of District Name of Area

Name of the Factory

[0.

1, Chingleput

Goparasanallur

Everest Printing Inks, 60 Goparasanallur Village, Near Poonamallee, Sri Perum- budur Tq.

2. Nilgiris

Kundah Power House V. Mulligur Pancha-

MaUigur Panchayat

Ramnad

yat Emerald, Upper Bhavani Road, Avalonche Power House V (P. O.). Shri Ramalinga Mills (P) Ltd., No. 53, Great

Aruppukottai

Cotton Road

Ramnad

Sattur .

(i) Sugar Match Factory (ii) Dharmaraja Match Factory, fiif) Sattur Original Match Co. (lv; Venkatesa Litho Printers (v) Balasflraswathi Litho Press. (vi) Thirupathy VenkatBchalapathy Lorry

Service, (vii) Jothi Press.

Rathina Sago Factory.

Kullampatti

Salem

SEC. 3(il)] THE GAZETTE OF INDIA: OCTOBER 28, 1967/K.ARTIKA 6, 1889 4085

Name of the Factory

Name of Area

Name of District

Karipatti

Salem

(1) Sree Ganesha Sago Factory, S. No. 102/1. (it) Saml Sago Factory.

Ulipuram

Salem

(i) Baghyalakshmi Sago Factory Ulipuram Post, Attur Taluk, Tnammampatti Road, (ii) Kalaiselvam Sago Factory, Ulipuram Post, Thammampatti (Via) Attur Taluk. (ill) Lakshmi Vasari Rice & Sago Factory, Ulipuram Post, Thammampatti Road, Attur, Taluk.

Saraswathy Sago Factory, Veppilaipatti

Veppilaipatti

Salem

Post, Karipatci (Via), Salem Taluk.

[No. F. 6(10)/67-HL]

S.O. 3873.—Whereas the Central Government is satisfied that the Industrial Extension Centre, Kalyani, District Nadia, run by the Small Industries Service Institute under the Ministry of Industrial Development and Company Affairs (Department of Industrial Development) Government of India, is situated In an area where the provisions of Chapfer V of the Employees' Stutc Insurance Act, 1948 (34 Of 1948), have not yet been enforced;

And, whereas the said factory is both non-commercial and non-competitive in nature;

Now, therefore, in exercise of the powers conferred bv section 73F of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government here- by exempts the said factory from the payment of the employer's special contri- bution leviable under Chapter VA of the said Act, until the enforcement of the provisions of Chapter V of the said Act, in the said area.

[No. F. 6(55)/67-HI.l

S.O. 3874.—Whereas it appears to the Central Government that the employer and the majority of the employees in relation to the establishment known as Messrs Lona Industries Private Limited, Tingarli, Lonavaln, District Poona, have agreed that the provisions of the Employees' Provident Funds Act, 1952 (19 of 1952), should be made applicable to the said establishment;

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 1 of the said Act, the Central Government hereby applies the provisions of the said Act to the said establishment.

This notification shall be deemed to have come into force on the 1st day of August 1967.

[No. 8/<32/67-PF,II.l

HANS RAJ CHHABRA, Under Secy.

(Department of Rehabilitation)

(Office of the Chief Settlement Commissioner) New Delhi, the 19th October 1967

S.O, 387B In exercise of the powers conferred by Sub-Section (T) of Sec- tion 6 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), the Central Government hereby appoints for the States of Maharashtra, Guiarat, Andhra Pradesh. Madras, Mysore and Kerala, Shri Gurdial Singh Gulati. Settle- ment Officer in the Office of the Regional Settlement Commissioner, Bombay as Deputy Custodian for the purpose of discharging the duties imposed on Custodian by or under the said Act with effect from 18th August, 1967.

[No. 6(5)AGZ/65.]

4086 T"E GAZETTE OF INDIA : OCT. 28, 1967/KARTIKA 6, 1889 [PART II-Sfic. 3(")]

ORDER

New Delhi, the 18th October 1967

S.O. 3876.—In pursuance of Rule 11-D(D)(A) of the Evacuee Interest (Separa- tion) Rules, 1951, the Central Government makes the following order to amend the order published with the Notification of the Government of India, In the Late Ministry of Works, Housing and Rehabilitation (Department of Rehabilitation) No- S-O. 531, dated 6th February 1964 namely:—

For the words and figures "30th September, 1967" the words and figures "31st December, 1967" shall be substituted.

[No. 5(24)/59-Prop.IIAComp & Prop.]

A. G. VASWANI, Settlement Commissioner (A) & Ex-Offlcio, Under Secy.

PRINTED IN INDIA BY THE CfiNERAL MANAOEH. GOVERNMENT OF INDIA PRESS,

HEW DELHI AND PUBLISHED BY TOE MANAGER OF PUBLICATION*, DELHI, 1 9 67

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