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REGISTERED NO.D.222

The Gazette of India

PUBLISHED BY AUTHORITY

No .52 ] NEW DELHI, SATURDAY, DECEMBER 30. 1967/PAUSA 9, 1889

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

as a separate compilation.

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 of Defence) and by Central

Authorities (other than the Administration of Union Territories).

ELECTION COMMISSION. INDIA

New Delhi, the 16th December 1967

S.O. 4592-—In exercise of the powers conferred by sub-section (1) of section 13A of the Representation of the People Act, 1950 (43 of 1950), the Election Com- mission, in consultation with the Government of Andhra Pradesh hereby nomi- nates Shri A. Krishnaswamy. IAS Special Secretary to Government of Andhra Pradesh in the Home Department as the Chief Electoral Officer for the Slate of Andhra Pradesh with effect, from the date he takes over charge and until further orders vice Shri G. D. Qureshi, I.A.S-

[No. 154/1/67-]

ORDERS

New Delhi, the 10th November 1967

S.O. 4593-—Whereas the Election Commission is satisfied that Shri Brahma- nand Son of Shri Radha Krishna, Village Sonki Bhant, District Ballla, a con- testing candidate for election to the House of the People from Ballia Constituency- has failed to lodge an account of his election expenses within the time and in the manner required by the Representation of the People Act. 1951, and the Rules made thereunder;

( 4837 )

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

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

[No. UP-HF/43/67(2).]

New Delhi, the 11th December 19(57

S.O. 4594.—Whereas the Election Commission; is satisfied that Shri Deoki Nandan, Greeswell Grant, P-O- Bartal, District Sitapur, a contesting candidate for election to the House of the People from Misrikh Constituency, has failed to lodge an account of his election expenses within the time and in the manner required by the Representation of the People Act, 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 Shri Deoki Nandan to be disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legis- lative Assembly or Legislative Council of a State for a period of three years from the date of this order.

[No. UP-IIP/17/67.]

S-O- 4595.—Whereas the Election Commission Is satisfied that Shri Chiraunjl Lai, Village Gahana, P.O. Ballia, District Bareilly, a contesting candidate for election to the House of the People from Aonla Constituency, has failed to lodge an account of his election expenses as required by tho Representation of the People Act, 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 Ejection Com- mission hereby declares the said Shri Chiraunji Lai to be disqualified for being chosen as, and for being, a member of either House of Parliament or of th^ Legis- lative Assembly or Legislative Council of a State for a period of three yen- s from the date of this order.

LNo. UP-HP/10'67(l).l

SO 4596.—Whereas the Election Commission IK satisfied that Shri Shaukat All, P.O. Dataganj, District Budaun, a contesting candidate for election to the House a! the People from Aonla Constituency, has failed to lodge an account of his election expenses as required by the Representation of tho People A<-', 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, tho Election Com- mission hereby declares the said Shri Shaukat All to be disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legis- lative Assemblv or Legislative Council of a State for a period of three yes.-s from the date of thts order.

[No. UF-HP/10/67(2).]'

New Delhi, the 12th December 1967

S.O. 4597—Whereas the Election Commission Is satisfied that Shri Sheo Pal Singh, Village KuraunI, P.O. Banthara, Pargana Bijnaur, Tehsil & Dist. Lucknow, a contesting candidate for election to the House of the People from Lucknow Constituency, has failed to lodge an account of his election expenses as required by the Representation of the People Act, 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 naid Shri Sheo Pal Singh 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.

[No. UP-HP/19/67.]

S.O. 4598.—Whereas the Election Commission is satisfied that Shri Hart Shankar, Village Daina, P.O- Dhina, District Varanasi, a contesting candidate for election to the House of the People from Chandauli Constituency, has failed to lodge an account of his election expenses as required by the Representation of tho People Act, Jf-tSl, 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 Shri Harl Shankar 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.

[No. UP-HP/51/67.]'

S-O. 4590.—Whereas the Election Commission is satisfied that Shri Manphool- S/o Jhabha, Village Peepalsana, P.O. Ilalmpur Buzurg, District Bljnor. a con- testing candidate for election to the House ot the People from Bijnor Constituency, has failed to lodge an account of his election expenses as required by the Repre- sentation of tho People Act, 1951, and the Rules made thereunder;

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

Now, therefore, in pursuance of section 10A of the said Act, the Election Com- mission hereby declares the said Shri Manphool to bo 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,

[No. UP-HP/5/67(l).]

S.O. 4fiOO.—Whereas the Election Commission is satisfied that Shri Hardeo Singh, S/o Faqira, Village Mustafabad Garhi. P.O. Seer Basu Chand District Brinor, a contesting candidate for election to the House 01 the People from Bijnor Constituency, has failed to lodge an account of his election expenses as required by the Representation of the People Act, 1051, and the Rules made thereunder;

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

'

Now, therefore, in pursuance of section 10A of the said Act, the Election Com- mission hereby declares the said Shri T-lardeo Singh to be disqualified for beinc gl f™cmb*T oi cither House of Parliament or of the T B?Tt"as' £ £f b

T

ffogmSlCVedare

orSls0 O^rSlatlVe ^^ °f * ^ f°r a ****of tbree ™

[No. UP-HP/5/67(2).J

vni⁸"?" 46*¹—Whereas the Election Commission is satisfied that Shri Hit Lai X i on to thePUHonarSafWa£ P;°- DeJ>lpur Faizabad a contertlrfg c a n d id for f o d " an n™™?°S< M the People from Akbarpur Constituency, has failed to S ? P e S to TdTlflM an^ ?b ¹⁰£ e x p e n s e? *s squired by the Representation of me f-eopie Act, i"5i, 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 Hit Lai 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.

[No. UP-HP/26/67-]

S-O. 4602.—Whereas the Election Commission is satisfied that Shri Mahangl Ham, Village and P.O. Baburi, District Vf;ranasi, a contesting candidate for elec- tion to the House of the People from RoberLsganj Constituency, has failed to lodge an account of his election expenses as required by the Representation of the People Act, 1951, and the Rules made therunder;

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 Shri Mahangi Ram to be disqualified for being chosen as, and for being, a member of cither 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. UP-HP/53/67.1

S.O. 4603.—Whereas the Election Commission is satisfied that Shri Harisfr Chandra Basera Narayan, P.O. Alladlnpur BhogI alias Basera Kunwar Distt. Bijnor a contesting candidate for election to the House of the People from Garhwal constituency, has failed to lodge an account of his election expenses as required by the Representation ot the People Act, 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 Shri Harish Chandra 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 ot a State for a period of three years. from the dale of this Order.

[No. UF-HP/2/67.]

S.O. 4604-—Whereas the Ejection Commission Is satisfied that Shri Prohlad Dcy of 1/150, Jodhpur Park, Calcutta-31, a contesting candidate for election to the House of the People from Calcutta North West constituency, has failed to lodge any account of his election expenses as required by the Representation of the People Act, 1951, and the Rules made thereunder;

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

And whereas, the said candidate even afler 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 Shri Prohlad Dey 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.

[No. WB-HP/l9/67(3).]

W"to Delhi, the 13th December 1967

S-O. 468B.—Whereas the Election Commission is satisfied that Shrl Sada Chamar of village Baghani, P.O- Dadar, District Arrah a contesting candidate for election .to the Lok Sabha from Sasaram constituency, has failed to lodge an account of his •election expenses within the time and in the manner required by the representa- tion of the People Act, 1951, and the Rules made thereunder;

And whereas, after considering the representation made by the said candidate, ithe Election Commission is further satisfied that he has no good reason or justifica- tion for the failure.;

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

[No. BR-HP/39/67(18).]

New Delhi, the 14th December 196J

8.0. 4606.—Whereas the Election Commission Is satisfied that Shri Balblr Singh, Village and P.O- Ramala, District Meerut a contesting candidate for election to the House of the People from Baghpat constituency, has failed to lodge an account of his election expenses in the manner required by the Representation of the People Act, 1951, and the Rules made thereunder;

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

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

[No. UP-HP/8l/67(2).J

SO. 4607.—Whereas the Election Commission Is satisfied that Shri DeeD Chand, Village Tatiri, P.O. Agarwal Mandi, District Meerut, Uttar Pradesh a contesting candidate for election to the House of the People from Baghpat consti- tuency, has failed to lodge an account of his election expenses within the time and in the manner required by the Representation of the People Act, 1951, and the Rules made thereunder;

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

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

[No- UP-HP/81/67/(3).]

By Order,

K. S. RAJAGOPALAN, Secy.

MINISTRY OF LAW

(Legislative Department)

CORRIGENDUM

New Delhi, the 20th December 1967

S.O. 4608.—In the notification of the Government of India In the Ministry of Law S.O. No. 4202, dated the 4th December, 1967, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (11), dated the 4th December,

1907, below "Place: Assembly Secretariat, New Capital, Bhubaneswar", Insert "Date: The 30th November 1967."

[No, F. 5(33)/67-El"c.J

A. S. LOKANATHAN, Under Secy.

MINISTRY OF HOME AFFAIRS

New Delhi, the 23rd November 1967

S.O. 4609.—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in tne Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely:—

1- (1) These rules may be railed the Central Civil Services (Conduct) Amend- ment Rules, 1907.

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

2. In the Central Civil Services (Conduct) Rules, 1964 in ru]e 3 for sub ml"= (2), Including the proviso, the following shall be substituted, namely:—' "(2) No Government servant shall, except with the previous sanction of the Government or of the prescribed authority or except in the buna fide discharge of his duties,

(a) publish a book himself or through a publisher, or contribute an article to a book or a compilation of articles, or

(b) participate in a radio broadcast or contribute an article or write a letter to a newspaper or periodical,

either in his own name or anonymously or pseudonymously or in the name of anv other person: ,

•

Provided that no such sanction shall be required—

(i) if such publication is through a publisher and is of a purely literary artistic or scientific character; or

' (II) If such contribution, broadcast or writing is of a purely literary, artistic or scientific character."

[No. 25/10/67-Ests(A).]

P. S. VENKATESWARAN, Under Secy,.

MINISTRY OF FINANCE

I

(Department of Economic Affairs)

3

New Delhi, the 14th December 1967

S.O. 4610.—Statement of the Affairs of^the Rjserve Bank of India as on the 8th December, 1967

BANKING DEPARTMENT

Rs.

ASSETS

Rs.

LIABILITIES

Capital p3id up . . . . ..

5,oOj003ooo

1 7 , 0 6 , 8 0 , 0 00

i

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

3,69,000

i

R eser\ e Fund . . . . . ..

80,00,00,000

S m a ll C o in . . . . . . ..

3,84,000

o 5:

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 T e rm Operations)

Fund

1,31,00,00,000

( a) I n t e r n al . . . . .. ( *) E x t e r n al ( t) G o v e r n m e nt T re i s u ry B i l l s' . . ..

273,21,04,000

National Agi 'cultural Credit (Stabilisation) F u n d' .

25,00,00,00c

1

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 ** . . . . . . ..

28,25,43,000 135,86,89,000

CM =>

National Industrial Credit (Long T e rm Operations)

L o a ns a nd A d v a n c es to :—

Fund

30,00,00,000

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

I

⁸2'57'34'^{0 00}

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

Loans and Advances to:—-

OS Deposits :—

(0 S c h e d u l ed C o m m e r c i al B a n k s -f . ,

10366,50,000

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

I95,°7557JOOO

(a) Government—

(Hi) O t h e rs

. . . „ , .,

3,22,33,000

(i) Central Government . „ ,

7I>27,8I,OOQ

LIABILITIES Rs.

Rs.

ASSETS

£

Loans, Advances and Investments from National

5"42>39"ooo

(I'O S t a te G o v e r n m e n ts . . ..

Agricultural Credit (Long T e rm Operations) Fund—

(a) Loans and Advances to :—

H 93 w-. o

28,11,02,000

(6) B a n ks _

(*) State Governments

I3>6o>4l>ooo (t) S c h e d u l ed C o m m e r c i al B a n ks

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

I34>57>57"^{0 00}

3"

5.^25,49,000

(M) 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

••

(b) Investments in Central Land Mortgage Bank

3

i—i

D e b e n t u r e s-

(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 a n ks (iv) O t h er B a n ks

81,36,000

8,69,000

7,46.98,000

L o i ns and Advances from National Agricultural

Credit (Stabilisation) F u n d—

§

8,13,66,000

272,95,83,000

Loans and Advances to State Co-operative Banks .

(c) O t h e rs

34*52,25.000

Loans, Advances and Investments from National Indus-

Bills P a y a b le

W o

trial Credit (Long T e rm Operations) Fund—

s

5^45)8^000

59558.96,000

(a) Loans and Advances to the Development Bank

O t h er Liabilities. . . . . ..

w M

(b) Investment in bonds/debentures issued by the

Development Bank . . . . ..

dop

46,7l5Oi.ooo

Others Assets . . . . . . ..

I

Rupees . . ..

R u p e es . . ..

⁸55>5O.35'OO°

c •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.

@Excluding Loans and Advances from the National Agricultural Credit (Long Term Operations) Fund, but including temporary over drafts to

State Governments.

f Includes Rs. 95,00,000 advanced to scheduled commercial banks against usance bills under Section I7(4)(c) of the Reserve Bank of India Act.

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

(Stabilisation) Fund.

Dated the 13th day of December, 1967.

1 p

An Account pursuant to the Resem^eak of Indii Act, 1934, for the week aided the gth day of December* 19*7-

ISSUE DBPAJtTMBNT

I Rs.

Rs.

Rs.

Rs.

A S S E TS

LIABILITIES

Notes held in the Banking Depart-

G o ld C o in a nd B u l l i o n :—

115*89^5,000

ment

Notes in circulation . . .

( a) H e ld in I n d i a. . . .. (6) H e ld o u t s i de I n d ia . *

I/yO^jSOjOOO

3047,39,32^00

r

166,42,00,000

Total Notes issued 4 . .

3O64>46.i2j0OO

F o r e i gn Securities . . ..

o

3S2,3I1ZS1OOO

T O T AL . *

xi

D

76)9ij70bOOo

2?o5323..i7,ooo

R u p ee Coin 1 . . . . 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

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

306446,12,000

T o t al Assets . . ..

3064*46,12,000

Tolai Liabilities 1 t .

a Mn £

W

Dated the 13th day ot December, 1967

L. K. JHAJ Gotemoi- [No. F. 3OVBC/67.]

I

'•0

I

i

t

ft

New Delhi, the 20th December 1967

S.O. 4611.—Statement 01 the Affairs of tae SeMrrf Bank or Inii.i as oa the 15th Derenner 1967

s

BiNlUNO DSPiHTMBNl

ASSETS

LIABILITIES

Ks. ! w o

5JOO,CO,OI"0

N o f c t, .

. . . ..

Capft.l Paid Up

19=17.39* QC"

R ai ee C o in .

. . . ..

3,68,000

SO^XIyOC, JCO

Rejerve Foni

Snail C -! .

3,68,000

£

Bills Purchased a"d Discour.ted -

National Agricttltoral Credit (Long

131,00,00,000

Term Opersfi^ns) Fund

(a) Inrernil . - . , .

Ifr) Ejternai

• •

(c) GwreHnsent Treabnry Bills

275)97,8l,ooo National Agricultural Credit

Balences Held Abroad*

(StabilisatioD) Food

36i38,7l.OOO

MEticmu Industrial Credit (Long Term

30,00,005000

Operations) Fund . .'

T r m t t m e r t s" . . . . . ..

nc^40v>7,ooo

i

IxMCMtnd Adrucegto :—

to

(i) Central Govercunem (nl Soita GoYemmentag) . . . . 102,42,89^)00

Deposits—

Loam and Advances t o; •—

(0) Government—

(,0 Sdieduled Cnramercial Barfcst • ( 0 State Co-operttive Banksff

3,64,"rf"o I89,84,75>ooo

I

(MO CKhtts

2,?2>O5,0O0

• 5 7 J 5 6 J O O ) O OO

Ci) Central Government

en

Loans, Advances aad Investments from National Agricultural

Credit (Long Term Operati'vns) Fund --

P o"

(S) Lc:.a% aid Adva-ic-is 0 ;-•

(it) Siate Governments .

l,Si, 78,000

28,08,74,000

H

i3"52,34,oo0

f/¹ Stwte Governments (I'O State Co-operative Banks (Hi) Centra! Land Mortgage Banfes

• •

w

(b) Investment in Central Land Mortgage Bank Debentures (#) Banks—

7,46,98,000

Ew

Loans and Advances from National Agricultural Credit

Stabilisation) F u n d-

(") Scheduled Commercial Banks

140,72,21,000

Loans and Advacces to State Co operative Banks .

(ii) Scheduled State Co-operative Banks

8,12,80,000

5>O5559>"°=

73,32,000

(tti) Non-Scheduled State Co-operative Banks

•JH w o *")

(ft/) Other Banks

L ns, Advances acd Investments from National Industrial

13,07,000

Credit (Long T erm Operations) Fund—

o >

279,69,12,000

(a) Loans and Advances to the Development Bank , (c) Others

5,70,34^000

(£>) Investneat in bonds/debentures issued by the

Development Bank .

Bills payable

31,33,28,000

O w 8

60,16,82,000

Other Liabilities

Other Assets

47,44,10,000

S

Rupees

Rupies

851,21,19,000

851,21,19,000

p

•Includes Cash and Short-term Securities.

**Excluding Investments from the National A?ricultural Credit (Lor.g Term Operations) Fund and the National Industrial Credit (Long Term

Operations^ Fund.

% Excluding Loan's and Advances from the National Agricultural Credit il.ons> Term Gustations'! Pun'!, but including temporary overdrafts to

State Governments.

oo 00 to flncludes Rs, 84,76,020 advanced to scheduled commercial banks again it usance bills under Section 17(4X0) of the Reserve Bank of India Act.

ttExcluiing Loans aad Advances from the National Agricultural Credit (Long Term Operations) Fund and the National Agricultural Credit (Stabili-

sation) Fund

Dated the 20th day of December, 1957,

An Account pursuant to the Rewire Bank of India Act, 19^4, for the week ended tie isthckycf Decanber 1967

IMOB DVJKXHKNT

I

ASSETS

Ra.

LIABILITIES

R*.

Rs.

Ra.

Gold C ab nd Bufiico :—

Notes bedd in the Banking Depart-

ment

I Notes in Circulation

I9>I7.39"*"°

3046,07,51^000

115^9^51000

(A H dd is I n to . . .. (ft) Held oattide I o £*

Total Notes issued

Pofff Hii Securities . . 1 .

I6d4i,oo,ooo

I

2 8 2 . 3 1 j 5 j . 00

Tom,

Rupee Cab

77,7Q;OOfOOO

27O5^3.65/"o

lateroal BjDt of Px-imif g^j othw

3o6S04)9csooo

TOTU, ASSETS

TOTAL LIABILITIES

3O65^4,SKUOOO

Dated the 20th day of December 1967.

L.K. JHA,

Goronor.

[No. F. 3OVBC/67.]

1 I

V, SWAMINATHAN, Under Secy.

s

c S

i

(Department of Economic Affairs)

New Dtlhi. the 19th December 1967

S.O. 4612.—In pursuance of clause (a) of sub-section (1) of section 19 read with sub-section (1) of section 20 of the State Bank of India Act, 1955 (23 of 1955), the Central Government hereby rcappolnts Shri V. T- Dchejia, as Chairman of the State Bank of India for a further term of one year with effect from the 1st March, 1988.

[No, F. 8/74/67-SB,]

S. S. SHIRALKAR, Addl. Secy.

(Department of Revenue and Insurance) New Delhi, the 23rd December 1967

S.O. 4613. -In exercise of the powers conferred by sub-section (5) of section 5 of the Emergency Risks (Goods) Insurance Act, 1962 (62 of 1962), the Central Government hereby makes the following Scheme further to amend the Emergency Risks (Goods) Insurance Scheme issued with the notification of the Government of India in the Ministry of Finance (Department of Economic Affairs) No. S.O. 3945, dated the 26th December, 1962, namely:—

1. (1) This Scheme may be called the Emergency Risks (Goods) Insurance (Fourth Amendment) Scheme, 1967-

(2) It shall come into force on the first day ol January, 1968-

2. In the Emergency Risks (Goods) Insurance Scheme, in paragraph 10, In sub-paragraph (1),—

(1) for the figures, letters and word "31st day of December, 1967", the figures, letters and word "31st day of March 1968" shall be substituted; (ii) in clause (a) lor the figures, letters and word "30th day of September 1967", the figures, letters and word "31st day of December 1967" shall be substituted.

[No. F. 101(l)-INS. I/67-ERI(I).]

S.O- 4614.—In exercise of the powers conferred by sub-section (6) of section 3 of the Emergency Risks (Factories) Insurance Act, 1962 (63 of 1962), the Central Government hereby make the following Scheme further to amend the Emergency Risks (Factories) Insurance Scheme issued with the notification of the Govern- ment of India in the Ministry of Finance (Department of Economic Affairs) No- S.O. 3946, dated the 26th December, 1962, namely :—

1. (1) This Scheme may be called the Emergency Risks (Factories) Insurance (Fourth Amendment) Scheme, 1967.

(2) It shall come into force on the lirst day of January, 1968-

2- In the Emergency Risks (Factories) Insurance Scheme, in paragraph 8, in sub-parasraph (1),—

(i) for the figures, letters and word "31st day of December 1967", the figures, letters and word "31st day of March 1968" shall be substituted; (ii) In clause (a) for the figures, letters and word "30th day of September 1967" the figuretf, letters and word "31st day of December 1967" shall be substituted.

[No- F. 101UMNS. I/67-ERI(II).]

RAJ K. NIGAM, Dy- Secy.

CENTRAL BOARD OF DIRECT TAXES

,INCOME-TAX

New Delhi, the 15th December 1967

SO. 461.1 In exercise of the powers conferred by sub-section (1) of section 122 of the Income tax; Act, 1961 (43 of 1961) and of all other powers enabling

lt in that behalf, the Central Board of Direct Taxes hereby makes the following further amendments in the schedule appended to Its Notification No 107 (F. No- 50/5/66-ITJ) dated the 27th October, 1966 namely:-

In the said schedule against B-Range, Amritsar and A-Range, Patiala under column 2 the following entries shall be added namely:—

B-Range, Amritsur 3. District I(X), Amritsar

4. District II(IX), Amritsar

A-Range, Patiala 6. Additional B Ward, Patiala

This notification shall take effect from 20th December, 1967.

Explanatory Note

The amendments have become necessary on account of the creation of three new wards in the Commissioner's charfie-

(The above note does not become a part of the notification, but is intended to be merely clariflcatory).

[No. 158 (P. No. 50/74/67-ITJ).T

P. G. GANDHI, Under Secy.

CENTRAL EXCISE COLLECTORATE

Allahabad, the 31st October 1967

S. O. 4616—In exercise of the powers conferred on me by rule 5 of the Central Excise Rules, 1944,1 authorise the Central Excise Officers specified in column (2) of the Table below to exercise wittiin their respective jurisdiction under the Rules mentioned in column (3) thereof, the powers of the Collector indicated against each in column (4), subject to the conditions and limitation-) if any indicated in column (5) of the said Table.

Nature oF Collector's power

Designation of the Officers

delegated

SI. No.

Rule No. of the C.E.Rules 1944

Conditions and limi- tations, if any

1

3

3

4

5

1

96ZA(i)

Superintendent

—

To accept first A. S. P. appli- cation for full period for which special procedure can be availed of.

2

9fiZA(2)

D o.

To accept first A. S. P. appli- cation for a period less than the prescribed period for reasons to be recorded in writing.

Assistant Collector

9fiZA(3)

3

To determine the period for which a manufacturer may be precluded from work- ing under the special pro- cedure for failure to give proper notice for not avail- ing of such procedure during the period for which permission has been granted to him.

2

I

4

5

3

Superintendent

96ZA(4)

4

(i) To accept renewal app- lication in form A. S. P.

(ii) To condone delay in submission of A. S. P. application for renewal.

Only for condoning delays not exceeding 15 days.

Assistant Collector

96ZA(4)

5

To condone delay in submi- ssion of A. S. P. application for renewal.

Oil".' for con- doning de- bys cxcjiding 15 days.

96ZD(2)

6 Superintendent

To condone delay in submi- ssion of application for rc- mova! m form A. R. 10 and to condone delays in mak- ing; monthly deposits.

Only for con- doning de- lays n.?t ex- ceeding s days.

Do.

Assistant Collectoi

96ZD(2)

7

Only for con- doning de- lay.. exc_-ed- ing 5 days.

Adjudicating Officers

8

96ZF(i1 96ZF(ii) 96ZF(iv)

in accordance with their limit < of powers.

To demand duly at full rate "J To confiscate goods; 1 To impose penalty. f J

[No. C. IV (16) 93 Pal, 67.]

M. N. MATH3R Collector.

MINISTRY OP COMMERCE

(Office of the 3t. Chief Controller of Imports and Exports)

ORDER

Calcutta, the 5th September 1967

S.O. 4617.—Whereas M/s. Plastic Corporation of India, 115. BeniatolL. Street, Calcutta-5 or any bank or any_ other person have not come forward furnishing sufficient cause against Notice No. 101/65/E&L, dated 27th July 1967 )- oy.v-r-i con- ferred by Clause 9 of the Imports (Control) Older, ^955 hereby eancat rbs ^ id licence Nos. P/SS/1585900/C. dated 4th June 1966 and P/SS/1592455/C datfd 17th August 1966 issued to M/s. Plastic Corporation of India, 115, BeniatoHa Srreet, •Calcutta-5.

[No. 101/65/E&L.]

J. MUKHERJI,

Dy. Chief Controller of Imports and Exports.

•for Jt. Chief Controller of Imports and Exports.

(Office of the Chief Controller of Imports & Exports)

ORDERS

New Delhi, the &th December 1967

SO. 4618.—A licence No. P/RM/2154968/C/XX/23/C/H/23-24/RMI dated 14th November, 1966, of the volue of Rs. 1,20,000 for import of Raw Materials as per list attached to the licence was issued to M/s. S. K. Metal and Allied Works,, Nainit&l Road, Izat Nagar, New Katha Factory, Bareilly (U.P.).

2. Thereafter, a show cause notice No. CCI/KC) /16/67/3349 dated 16th Novem- ber. 1667. was issued asking them to show cause within ten days as to why the said lice ice in their favour should not be cancelled on the ground that the same was obtained on the basis of forged recommendation of the Directorate General of TechP'cal Development in terms of Clause 9.

3. The aforesaid show cause notice, was received back undelivered from the Pcsia* authorities with the remarks 'Not Known'.

4. The undersigned has carefully examined the case and has come to the con- clusion that the said licence has been obtained on the basis of false and fabricat- ed documents and the licence holders are avoiding the service of the show cause notice.

5. Having regard to what has been stated in the preceeding paragraph, the undei signed is satisfied that the licence in question should be cancelled or other- wise rendered ineffective- Therefore, the undersigned, in exercise of the powers vesied in him under Clause 9(c) of the Imports (Control^ Order 1955 hereby cancel the licence No. PiRM|2154968|C!XXi23!CjH|23-24|RMI dated 14th Novem- ber, 1966. for Rs. 1,20,000 issued in favour of M/s. S. K. Metal and Allied Works, Nainita". Road. Izat Nagar, New Katha Factory. Bareilly (U.P.). M/s. S. K. Metal & Allied Works, Nainital Road. Izat Nagar, New Katha Factory, Bareilly (U-P.)

[No. CCI/KC)/16/67.]

S.O. 4619.—A licence No. P/RM 2155429/C/XX/23/C/H/23-24/RMI dated 21st December, 1966, of the value of Rs. 1,47,000 for import of Raw Materials as per l'st attached to the licence was issued to M/s. Shree Krishna Industrial Works, Naini- tal Road, Izat Nagar, Bareilly (U.P.).

2. Thereafter, a show cause notice *No. CCI|I(C) |17|67|3397 dated 16th Novem- ber, 1967. was issued asking them to show cause within ten days as to why the said licence in their favour should not be cancelled on the ground that the same was obtained on the basis of forged recommendation of the Directorate General of Technical Development in terms of Clause 9.

3. The aforesaid show cause notice, was received back undelivered from the Posta' authorities with the remarks 'Not Known'.

4. The undersigned has carefully examined the said case and has come to the conclusion that the said licence has been obtained on the basis of false and fabricat- ed document and now the licence holders are avoiding the service of the show cause notice-

5. Having regard to what has been stated in the preceding paragraph, t he undersigned is satisfied that the licence in question should be cancelled or other- wise rendered ineffective- Therefore, the undersigned, in exercise of the powers vestd in him under Clause 9(c) of the Imports (Control) Order, 1955 hereby cancel the licence No. P/RM/2155429/C/XX/23 'C/H/23-24/RMI dated 21st Decem- ber, 1966, for Rs. 1.47,000 issued in favour of M/s. Shree Krishna Industrial Works Nainital Road, Izat Nagar, Bareilly (U.P.). M/s. Shree Krishna Industrial Works, Nainital Road, Izat Nagar. Bareilly (U.P ).

FNo. CCI/KC)/17/67.1 B. D BHATTACHARYA", Dy. Chief Controller of Imports and Exports..

(Office of the Chief Controller of Imports & Exports) ORDER New Delhi, the 15th December 1967

S-O. 4620.—In exercise of the powers conferred by Clause 9 of the Imoorts (Control) Order 1955. dated 7th December, 1955, as amended from time to time,-

the undersigned hereby cancels the Import Licence No. G/DG/2105151/T/DL/ 23/CH/22 dated the 16th May lOfifi (both copies fully un-utilised) for the import Of 479 T-2 Signal Generator Vor Ramp Test CPN-505-9041-004 valued at Rs. 17175/- issued In favour of M/s. Electronics Ltd , New Delhi.

The reason for cancellation is that Ihe orders accepting the Tender of the firm have been cancelled by the D C S. & D- New Delhi.

[No. 3-E/Cont/GG-67/GLS/929.]

S. A- SESHAN,

Dy Chief Controller of Imports & Exports.

(Office of the Chief Controller of Imports and Exports)

ORDER New Delhi, the 15th December 1967

S.O. 4621.—MAs, Western India Sales Agencies, Atlas Mill Compound, Reay Road, Mazagaon, Bombay-10. were granted" an import licence No. R/NA/AU/ 1267427/C/XX/25/C/H/21-22/NQQ dated 8th May 1967 for Rs. 94,511/- (Rupees Impact-Extrusion Press in Horizontal Design" under Capital Goods Category. They have now applied to this Office for the Issue of a duplicate Customs Pur- poses copy of the said licence on the ground that the original Customs Purposes copy has been lost. It Is further stated that the Original Customs Purposes Copy of the licence has not yet been registered with any Customs Authorities and the licence was not utilised at all. The duplicate Customs Purposes Copy of the licence now required by the firm is for the full value of the licence i.e., for Rs. 94,511/-

2- In support of this contention the licensee has filed an affidavit, I am accordingly satisfied that the orisinaj Customs Purposes copy of the said licence has been lost- Therefore, in exercise of the powers conferred under sub-clause 9(cc) of the Imports (Control) Order, 1955, dated 7th December 1955 (as amended), the original Customs Purposes copy of the licence No. P/NA/AU/ 1267427/C/XX/25/C/H/21-22/NQQ dated 8th May 19G7 issued to M/s. Western India Sales Agencies, Atlas Mill Compound, Reay Road. Mazagaon, Bombay-10, Is hereby cancelled.

3. A duplicate Customs Purposes copy of the said licence is being issued separately to the licensee.

[No. NDRS/W-122/65-66/3799.]

Y. J. DENNISON,

Dy. Chief Controller

-for Chief Controller of Imports & Exports-

MINISTRY OF STEEL, MINES AND METALS

(Department of Mines and Metals)

New Delhi, the 20th December 1967

S.O. 4622.—In exercise of the powers conferred by sub-section (2) of section 4 of the Coal Mines (Conservation and Safety) Act, 1952 (12 of 1952), the Central Government hereby appoints the Director General of Mines Safety and the Deputy General Manager (Technical), National Coal Development Corporation Ltd,, as ex-o-flicio members o£ the Coal Board with immediate effect and directs that the following amendment sha'l be made in the notification of the Government of Tndia in the Ministry of Steel. Mines and Metals, (Department of Mines and Metals) No. S.O. 3435 dated the 21st September, 1967, namely: —

In the said notification,—

(1) for Item 2 and the entries relating thereto, the following shall be substi-

tuted, namely: —

"2. The Director General of Mines Safety, Member".

(2) after item 5 and the entries relating thereto, the following shall be added, namely: —

"6. The Deputy General Manager, (Technical), National Coal Develop- ment Corporation Ltd., Member".

[No. C5-4(l)/B7.]

K. SUBRAHAMANYAN, Under Secy.

MINISTRY OF PETROLEUM & CHEMICALS

CORRIGENDUM

New Delhi, the 14th December 1967

SO. 4633.—In the Corrigendum under S.O. No- 3429 dated the l"th September, 1987, published in the Gazette of India Part II section 3 sub-section (ii) dated the 30th September. 1967.

At Page No. 3519.

F(yr "Survey No. 1953" read "Survey No. 1053". of Village Bharuhna.

[No. 31(50)/63-ONG/OR Vol. 12.]

I. M. SAHAI, Under Secy.

MINISTRY OF INDUSTRIAL DEVELOPMENT AND COMPANY AFFAIRS

(Department of Industrial Development)

ORDER

New Delhi, the 2Ut December 1967

S.O. 4631/D3RA/6/12/67.—In supersession of Serial No. 22 of late Ministry of Industry's Order No. S.O. IDRA/6/2/66, dated the 12th December, 1966 the Central Government hereby appoints with effect from the date of this Order till the 11th December, 196B, Dr. D. S. Datar, Director, Central Salt and Marint Chemical Research Institute, Bhavnagar, as a member of the Development Coun- cil for Scheduled Industries engaged in the manufacture or production of Inorea- nic Chemicals vice Dr. K. S. G. Doss, who has resigned. morgu

[No. 2f3).Dev. Council/65-L.C.J

R. C. SETHI, Under Secy-

(Department erf Industrial Developmeat)

(JO

(ftwiifm Standards Institution)

New Delhi, the 11th December 1967

S.O. 4632:—In pursuance of regulation 4 of the Iadian Standards Institution (Certification Mirks') Regulations, 1955, the Indian Standards Institution hereby notifies that amendment(s) to the Indian Standard(s) given in the schedule hereto annexed have been issued under the powers conferred by the sub-regulation 1) of Regulation 3 of the said Regulations:

H X M

THE SCHEDULE

O

w

>-]

Brief particulars of the

Date from which the No. and title of the Indian

Amendment

amendment shail have Standard amended

No. and Dace

of the Amendment

SL No.

H W

effect

O No. and Date of Gazette Notification in which the esta- blishment of the Indian Standard was notified

o

2

1

6

4

5

3

O M

No. 2

1

S-O. 417 dated 10

30 November 1967

November 1967

February 1962

Three additional ACSR sizes have been added and all references in the FPS system deleted

W JS to IS: 398-1951 Specification for hird-drawn stranded alumi- nium and steel-cored alumi- nium conductors for overhead power transmission purposes (revised)

p

No. 1

2

S.O. 1102 dated 28

Table 1 has been amended

IS: 542-1963 Specification for

31 October 1967

I— to

October 1967

March 1964

coconut oil (revised)

s

No. 1

(i) Clauses 0.2.1., 4.2 ( b\ 4.3, 4.5,

S.O. 1325 dated 15

30 November 1967 3

November 1967

April 1967

is

4.7, 4.11, 4.13, and Appendix 'A' have been ameddsd

IS: 779E-195S Specification for water meters (domestic type) [third (emugincy) revision]

d

(ii) Classes 4.6 and 6.2 have been substi-

tuted by new ones

S.O. 2494 dated 15

i 4

No. 2 1

November 1967 1

Oct. 1960

to IS: 1584-19^0 Specification for handloom s ilk shirting, loom state

30 November 1967 5

S.O. 341 dated :) n th February 1961

Reference specifications IS: 833, IS: 835, IS: 836, IS: 837 and IS: 838 have been substituted by new ones

November 1961

00 IS: 1687-1960 Specification for handloom Silk kora (loomstats doth

No. 1 f November 1967 ' J

V0

CO

I

2

6

4

3

5

No. 2

Page 4, clause 5.2, line 8—Substitute

S.O. 3226 dated

6

30 November 1967

H

November 1967'

'outer wall' for 'outer valve'.

27' October 1962

" O

No. 1

31 October 1967

7

,67

October 19

S.O. 3298 dated 5 November 1966

ft

M .

IS: 2143-1962 Specification for open surface milk coolers (with tinned copper tubes) IS: 3224-1966 Specification for valve fittings for compressed gas cylinders

W

O

1'ii Clause 2.2.1 has been amended. 1 ii) The Fig appearing at page 26 against 'threads on valve stem and in cylinder neck for Propane and Butane Valves with Outlet Con- nection No. 14' has been substi- tuted by a new one. Clause 4.3.1 has been amended

No. 1

S.O. 1081 dated

8 IS: 3356-1965 Specification for

30 November 1967

1967

November

9 April 1966

z o sheet silk coating

No. 1

Clauses 0.2,, 4.5.1 and table 2 have been

S.O. 1437 dated

30 November 1967 IS: 3357-1965 Specification for

9

November 1967

amended

14 May 1966

matka silk fabric

No. 1

Substitute '43° C for'35" C wherever

S.O. 241 dated

IO IS: 3661-1966 Specification-for

30 November 1967

1967

it appears in the standard.

21 January 1967

farm milk cooling tanks

November

No. 1

S.O. 3673 dated

II

30 November 1967 IS: 4161-1967 Specification for

CD

1967

November

14 October 1967

nessler cylinders

(i) Page 1, composition of CDC 33: I, left hand column—Substitute 'Convener' for 'Chairman'.

CO

p

to

(ii) Page 8, fifth line from top, right- hand column—Substitute 'National Chemical Laboratory (CSIR), Poona for 'National Phvsical Laboratory CCSIR), Poona'. *

(iii) Page 8, advertisement text on Labo-

c

ratory Glassware, under column IS: Substitute '915' for '1915'.

Copies of these amendment slips are available, free of costj with the Indian Standards Institution, Manak Bhavan, 9 Bahadur Shah Zafar Marg, New Delhi-i and also its branches at (i) Bombay Mutual Terrace, Sandhurst Bridge, Bombay-7, (ii) Third and Fourth floors, 5 Chowringhee Approach, Calcutta-13, (iii) Second Floor, Sathyamurthi Bhavan, 54 General Patters Road, Madras and (iv) 117/418-B Sarvodaya Nagar, Kanpur.

[No. MD/i3:S-]

I r

S.O. 4633:—In pursuance of sub-regulations (2) and (3) of regulation 3 of the Indian Standards Institution ( Certification Marks) Regulations, 1955, the Indian Standards Institution hereby notifies that the Indian Standard(s), particulars of which are given in the Schedule hereto annexed, have been established during the period 16th to 30th November 1967 :

THE SCHEDULE

No. and Title of the Indian

Standard Established

SI. No.

Brief Particulars

No. and Title of the Indian Stanlard or Standards, if any, Super seded by the new Indian Standard

(2)

(3)

I

(4)

1 : 410-1959 Specifica-

IS : 410-1967 Specification I; for rolled brass plate, sheet, gtrip and foil ) (second revision) 1

tion for rolled brass plate, sheet, strip and foil (revised)

2 IS : 796-1966 Glossary of ]

This standard covers the requirements of three alloys of rolled brass plate, sheet strip and foil required for engineering and general pur- poses and designated as CuZn3o CuZn37, and CUZ1140.

[S : 796-1959 Glossary

of cataloguing terms

cataloguing terms (first revision)

3

This standard covers definitions of technical terms current in the field of library cataloguing (Price Rs. 14- 50)

TS : 1506-1959 Speci- fication for copper oxychloride dusting powders IS : 1506-1967 Specification '. for copper oxychloridc dusting powder ( first revision )

4 IS : 1726-1967 Specification for cast iron manhole covers and frames intend- ed for use in drainage works (first revision)

This standard prescribes the requirements and the methods of test for copper oxychloride dusting powder containing varying percentages of copper oxychloride, technical (Price Rs. 5-00)

This standard lays down require- ments for cast iron manhole covers and frames intended for use in drainage w or (Price Rs. 5' So)

IS : 1726-1960 Speci- fication for cast iron manhole covers and frames intended for use in drainage works

5 IS : 1885 ( Part XIV)— 1967 Elcctrofechnical vocabulary Part XVI clear power plants

IS : 2269-1967 Spcciiica -

This standard covers definitions of terms applicable to nuclear power plants for generation of electric energy (Price Rs. 9-00)

IS : 2269-1963 Speci- fication for hexagon socket head cap screws

tion for hexagon socket head cap screw s ( first revision)

IS : 4009-1967 Specification

7

for grease nipples

8 IS : 4035-1967 Specifica- tion for trolleys, stretcher

IS : 4056-1966 Specifica- tion for fish oil for leather industry

This standard prescribes the requirements of hexagon socket head cap screws for sizes M3 to M52, both with coarse and fine pitches (Price Rs. 3-50)

This standard deals with the requirements of grease nipples having cylindrical threads for use in industrial plants and automobiles ( Price Rs. 3- 50) Thia standard specifics the require- ments for stretcher trolleys (to support pole stretchers used in hospitals and at other similar places (Price Rs. 2-00)

This standard prescribes the requirements and the methods of sampling and test for fish oil for the use in the leather industry (Price Rs. 2 • 00)

(4) ( 2)

(3>

( I)

10 IS:4H7-I966 Specifica- tion ^for alcohol denatu- rants

This standard prescribes the essential requirements of al- cohol denaturants and their limit tests in the denatured, alcohol (.Price R". 9-50)

II IS: 4145-1967 Code of prac- tice for storage of ropes

This standard prescribes certain optimal conditions for storage of ropes which would retard the rate of storage deteriora- tion to a negligible extent (Price Rs. 1.50)

*2 IS : 4164-1967 Specifica- tion for 'C hooks for use with chains

This standard covers the basic requirements and diniensionr of mild steel and higher tensile steel 'C hooks fo- use with grade 30 (IS-.2429 1967) and grade 40 (IS: 3109-1965) chains respec- tively (Price Rs. 5*00)

13

IS : 4167-1966 Glossary of terms relating to air pol- lution.

This standard defines the terms relating to air pollution (Price Rs. 5-5°)

i4

IS : 4170-1967 Specifica- tion for brass rods for general engineering pur- poses.

This standard covers the require- ments of three grades of brass rods, namely, CuZnzo, CuZn30 and CuZn40 for general engineering purposes- (Price Rs. 2-50).

* *

15

This standard covers the rcquirc~ ments of copper rods fOr general engineering purposea (Price Rs. 2-50).

IS : 4171-1967 Specifica- tion for copper rods for general engineering pur- poses.

16 IS : 4178-1967 Specifica- tion for eyenuts with collars

This standard specifies the requirements for eyenuts with collars for lifting purposes (Price Rs. 4-00)

17 IS : 4179-1967 Sizes of process vessels and lead- ing dimensions

This standard specifics leading dimensions of process vessels, in predominant usage in the chemical and allied industries (Price Rs. 11-oo)

18 IS : 4186-1967 Guide for preparation of project report for rivet valley projects.

This standard covers guiding principles for the preparation of river valley project reports with specific reference to:

(1) Administrative aspect con- cerned with the scrutiny of a project before granting ad- ministrative approval for

its execution,

(2) Technical aspect, namely 'data' 'and 'design' parts, and

(3) Estimation of costs.

(Price Rs. 6-50).

19 IS : 4189-1967 Specifica- tion for firm-joint inaidc and outside calipers '

This standard covers the require- ments for flrm-joint inside and outside calipers of sizes 100, 150, 200 and 300 mm. (Price Rs. 2'50).

I) (2)

(3)

(

20 IS : 419O-1967 Specifica- tion for cycbolis with col- lars.

21 IS : 4200-1967 Specifica- tion for sodium alumi- nate.

22 IS : 4209-1966 Code of safety for chemical labora- tories.

IS ; 4210-1967 Sp:cifica- 23

tion for strip feeler gauges for electrical pur- poses.

(4)

This standard specifics the requirements for eyebolts with collars for lifting purposes (Price Rs. 5h0o).

This standard prescribes Vhc requirements and the methods of sampling and test for sodium aluminate (Price Rs. 5'5°)-

This standard recommends a code of safety for chemical¹ laboratories (Price Rs. 7-00).

24 25

26 This standard prescribes the method for ultrasonic testing and inspection of welds by direct contact reflection method. This method is ap- plicable to meterial of thickness over 5 mm (Price Rs. 3 • 50). This standard defin:s the term⁸ relating to paper and pulp- baaed packaging materials (Price Rs. 5-oo).

27

This standard prescribes the requirements and the methods of sampling and test for vanil- lin (Price Rs. 2-50).

29

This standard covers the princi- pal dimensions of speedometer cables used for instruments in automobiles (Price Rs# 2-50).

30

This standard prescribes th method for the volumetri determination of iron by twin* (a) potassium permanganate and (b) potassium dichromate (Price Ra. 2-00).

This standard prescribed the- method for the volumetric determination of calcium by the potassium permanganate method (Price Rs. i-5o).

Copies of these Indian Standards are available, for sale, with the Indian Standards Institution, Manak Bhavan, 9, Bahadur Shah Zafar Marg, New Delhi-1 and also its branch offices at (i) Bom- bay Mutual Terrace, Sandhurst Bridge, Bombay-7, (ii) Third and Fourth Floors, 5, Chowringhce Approach, Calcutta-13, (iii) Second Floor, Sathyamurthi Bhavan, 54, General Patters Road, Madras-2 and (iv) 117/418B, Sarvodaya Nagar, Kanpur.

[No. MD/I3:2]

New Delhi, the 12th December 1967

S.O. 4G34.—In licence No. CM/L-662 dated 1st May 1964 held by M/s. Uni- versal Cables Ltd., Satna, the details of which are published under SO. 2651 in

the Gazette of India, Part II, Section 3, Sub-section 3(ii), dated 5th August 1967, Paper Insulated Lead Sheathed Cables (with Aluminium Conductors) lor Electri- city Supply, 22KV, conforming to IS:fl92-1965, have been included with effect imm 25th November 1967-

[No- MD/55:662.]

(DR.) SADGOPAL,

Dy. Director General-

DELHI DEVELOPMENT AUTHORITY

New Delhi, the 28th November 1967

S.O. 4635-—In pursuance of the provisions of sub-section (4) of section 22 of "the Delhi Development Act, 1957, the Delhi Development Authority has replaced at the disposal of the Central Government the land described in the schedule below for placing it at the disposal of the Land and Development Officer, Ministry of Works, Housing and Urban Development, Government of India, New Delhi for -allotment to the Educational Institutions-

SCHEDULE

Piece of land measuring 99-7 acres bearing Khasra Nos- I82 mln., 562/181 min., 185 mln-, 187 min., 188 min-, 189 min., 190 mln- 196 min, situated in Arak Pur Bagh Mochi Estate.

The above piece of land is bounded as follows :—

NOHTH : Sanatan Dharam College. SOUTH : Boundary Basant Nagar and Cantonment EAST : South Moti Bagh. WEST : Cantonment.

[No. L16(364)57.]

M. L. MONGIA, Secy.

MINISTRY OF LABOUR, EMPLOYMENT & REHABILITATION

(Department of Labour & Employment)

Nevi Delhi, the 15th December 1967

S.O. 4636.—In pursuance of section 17 of the Industrial Disputes Act, 1947 ¹ (14 of 1047), the Central Government heroby publishes the following award of the Industrial Tribunal, Calcutta, in the industrial dispute between the employers . in relation to the 2B and 2C Inclines Ranipur Colliery of Messrs Equitable Coal Company Limited, Post Office Dishergarh, District Burdwan and their workmen, which was received by the Central Government on the 12th December, 1967.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERNECE NO. 74 OF 1907

PARTIES:

Employers in relation to the 2B & 2C Inclines Ranipur Colliery of M/s- Equitable Coal Company Limited,

AND

Their workmen.

PRESENT :

Shrl S. K- Sen—Presiding Officer.

APPEARANCES:

On behalf of Employers;

On behalf of Workmen;

STATE: West Bengal

INDUSTRY: Coal Mines

AWARD

By Order No. 8/50/67-LRII dated 21st September 1L-67, the Central Govern- ment referred lor adjudication an industrial dispute between the employers in relation to 2B and 2C Inclines Ranipur Colliery of Messrs Equitable Coal Com- pany Limited, Post Office Dishergarn, District Burdwan and their workmen in respect of the matters specified In the following schedule:

"Whether the management of Ranipur Colliery of Messrs Equitable Coal Company Limited, Post Office Dishergarh, District Burdwan waa. justified in reducing the basic wages of S/Shri Prahallad Mukherjee, Timber Mistry and Karali Prasad Bhandari and Noor Mohammed, Timber Mazdoors, at the time of their employment in the Ranipur Colliery after transfer from their previous employers Messrs S- Mondal & Company? If not, to what relief are the workmen entitled?,"

2. The three workjnen concerned, namely Shri Prahallad Mukherjee, Timber Mistry, Karali Prasad Bhandari. Timber Mazdoor and Noor Mohammad, Timber Mazdoor were in service under Messrs S. Mondal & Company, who were raising contractors under Messrs Equitable Coal Company Limited in respect of 2B and 2C Inclines Ranipur colliery. In August 1965 raising was taken over by the company direct and the three workmen who were in service of the contractors were also taken in direct service under the management. The three workmen were receiving higher rate of pay under the contractors than that fixed by the All India Industrial Tribunal (Colliery Disputes) award as modified by the LA.T- decision and Das Gupta award. When they were taken into direct employment under the company, the company reflxed their pay at the scale prescribed by the above Tribunals-i The workmen therefore suffered reduction In pay and. over this they raised the present dispute-

3. The case was fixed for fixing date of hearing on 16th December 1967. Irt the meantime however the parties have sent by registered post a joint petition of compromise stating that the dispute has been amicably settled; with the im- plementation of the Wage Board recommendation by the employers with effect from 15th August, 1967, the three workmen have received substantial increase in their wages and they no longer want to press their dispute with the employers- The company has further agreed to pay to Shri Prahallad Mukherjee, Timber Mistry, an ex-gratia amount of Rs. 100/-. The terms appear to bo reasonable and are accepted.

4. An award is made in terms of the petition of compromise, a copy of which shall form part of the award- As the date of making payment of the ex-gratia amount has not been mentioned in the petition, I direct that the same be paid within one month of the publication of the award.

7th December, 1967.

(Sd.) S- K- SEN, Presiding Officer.

BEFORE THE PRESIDING OFFICER. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, CALCUTTA

In the matter of Reference No. 74 of 1907 in respect of the Industrial Dispute

BETWEEN

The employers in relation to the 2B and 2C Inclines, Ranipur Colliery

AND

Their Workmen.

The humble petition submitted jointly by the parties

Most respectfully sheweth: —

That the above Industrial Dispute has been amicably settled by the parties on the following terms:—

(1). That with the implementation of the Wage Board recommendations by the employers with effect from the 15th August 1967 the three workmen concerned in the dispute have received substantial increase

In their wages and they have no grievance against or dispute with the employers.

(2) That Sri Prahlad Mukherjee, Timber Mistry will bo paid an ex-gratia amount of Rs. 100/- (Rupees One hundred) by the employers.

(3) That the parties will bear their own cost.

It is, therefore, prayed that the above compromise may kindly be recorded and an award passed in terms thereof.

Tor and on behalf of workmen; For and on behalf of Messrs (Sd.) J. PANDAY, Equitable Coal Co., Ltd., -General Secretary, Dishergarhi P.O., Burdwan Dt. (Sd.) G. S. D. TANKJA, Colliery Mazdoor Congress, (Goral Mansion, G.T. Road, Chief Mining Engineer, Asansol. M/s. Equitable Coal Co., Ltd., Dlshergarh P.O-, Burdwan Dt. Owner of Ranlpur Colliery.

Kef. No. Lab/67/385/4281 Dishergarh. Dated the 2nd/4 December, 1967.

[No. 6/59/67-LRII.J

8-0. 4637—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 No. 2, Dhanbad, in the industrial dispute between the employers in relation to the Khas Dharmaband Colliery of Messrs Khas Dharmaband Col- liery Company Private Limited, Post Office Malkera, District Dhanbad and their workmen, which was received by the Central Government on the 14th Decem- ber, 1967

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No 2) AT DHANBAD

In the matter of a reference under Section 10(1) (d) of the Industrial Disputes Act, 1947.

REFERENCE NO. 70 OF 1967

PARTIES :

Employers In relation to the Khas Dharmaband Colliery of Messrs Khas Dharmaband Colliery Company Private Limited, Post Office Malkera District Dhanbad.

AND

Their workmen

"PRESENT :

Sri Nandagiri Venkata Rao—Presiding Officer-

API-EARANCEB :

For the Employers—Sri S. R. P. Singh, Labour Officer. For the Workmen—Sri Prasant Burman, Secretary, Khan Mazdoor Congress.

STATE: Bihar

INDUSTRY: Coal

Dhanbad, dated the 12th. December, 19B7/21st Agrahavanu, 1889

AWARD

The Central Government, being of opinion that an industrial dispute exists "between the employers in relation to the Khas Dharmaband Colliery of Messrs. "Khas Dharmaband Colliery Company Private Limited, Post Office Malkera, District Dhanbad, and their workmen by Its order No- 2/61/65-LRII dated 15-9-1965 refer- red to the Central Government Industrial Tribunal, Dhanbad under Section 10(l)(d) of the Industrial Disputes Act, 1947 for adjudication the dispute in

Tespeqt of the matters specified In the Schedule annexed thereto. The schedule Is extracted below:

SCHEDULE

"Whether the management of the Khas Dharmaband Colliery of Messrs Khas Dharmaband Colliery Company Private Limited was justified in suspending the following workmen for the period mentioned against their names:—

Name of the workmen

Period of suspension

16-2-1965 to 24-2-1965 10-3-1965 to 13-3-1965

1. Sri Jannk Mahato, C.C.M. Helper 2. Sri Sunder Murai, Miner of No. 4 Pit .

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

2 The Central Government Industrial Tribunal, Dhanbad registered the refer- ence as reference No. 148 of 1965 on its file. The employers as well as the work- men filed their statement of demands. While it was pending before the Central Government Industrial Tribunal, Dhanbad the proceedings was transferred to this Tribunal, by the Central Government by its order No. 8/25/67-LRII dated 8th May, 1967 under Section 33(B)(1) of the Industrial Disputes Act, 1947. Conse- quently, tho reference is renumbered on the file of this Tribunal as reference No, 70 of 1967.

3- On 21st November. 19G7. Sri Prasant Burman, Secretary, Khan Mazdoor Congress, representing the workmen stated that the workmen are no more Interest- ed in the reference and that, as such, no enquiry is necessary to adjudicate the dispute- In the rircumstance I consider that no enquiry is necessary. Hence, the award is m-idp accordingly and submitted under Section 15 of the Industrial Disputes Act, lf>47.

Sd./- N. VBNKATA RAO, Presiding Officer, Central Government.

Additional Industrial Tribunal,

Dhanbad.

APPENDIX I

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No. 2) AT

DHANBAD

REFERENCE NO. 70 of 1967

Employers in relation to the Kbai Dharmahand Colliery of Messrs Khas Dharmaband Colliery Company Private Limited, P.O. Malkera, Distt. Dhanbad

AND

Their workmen

List of Documents Admitted for the Employers

Distinguishing mark or number

Description of document and date

Date of admission

Whether admitted after or without obj.

Ext. Mi

Letter No. K.M.C.-92/65 of 26-3-65 from Secre- tary Khan Mazdoor Congress to Conciliation Officer, Dhanbad . . . ..

14-9-67 Admitted.

4! i ' • •

.

^: D E C E M B ER 3 0, 1 9 6 7 / P A U SA 9, 1 8 89 • [ P A RT I I—

List of Document} Admitted for the Workmen

Whether

Description of document and date

Distinguishing mark or number

Date of admission

admitted after or without obj.

Nil.

Nil.

Nil.

Nil.

(Sd-) N. VENKATA RAO,

Pres ding Officer, Central Government,

Additional Industrial Tribunal, Dhanbad.

APPENDIX II

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No, 2) AT

DHANBAD

REFEBENCE NO- 70 OF 1967

Employers in relation to the Khas Dharmaband Colliery of Messrs Khas Dharmaband Colliery

Company Private Limited, Vs. their workmen

List of Witness Examined for the Employer

No. of witness

Name of witness

Date of examination

Nil.

Nil.

Nil.

Liit of Witness Examined for the Workmen

Date of examination

Name of witness

No. of witness

Nil.

Nil.

Nil.

(Sd.) N. VENKATA RAO,

Presiding Officer, Central Government,

Additional Industrial Tribunal, Dhanbad.

[No. 2/61/85-LRILI

S.O. 4638.—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 the employers in relation to the Bankolla Colliery Post Office Ukhra, District Burdwan and their workmen which was received by the Central Government on the 14th Decem- ber, 1987.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA.

REFERENCE No. 51 OF 1967

PARTIES :

Employers in relation to the Bankolla Colliery,

AND

Their workmen.

PRESENT:

Shri S. K. Sen—Presiding Officer.

APPEARANCES :

" "

On behalf of Employers— Shri D. Narsingh, Advocate

⁰ n" SaC o S i S sr f c m e n~S h ri B e n a r Si S l n §h AZ³d> G e nL S^retary, Khan Maz-

STATE: West Bengal

LVDUSTRV: Coal Mines.

AWARD

By Order No. 6/101/66-LRII dated 3rd June, 1967. the Central Government aA V ^ t r i al d i s p u te b e t w e en t he e mp o v e rs £ r e l t on D

tn f hr ⁶R "°£ , rJ j lid l to the Bankolla Colliery, P.O. Ukhra, Distt. Burdwan and their workmen in f^pect oi the matters mentioned in the following schedule: 9 li not to what relief is the workman entitled?"

2. Bhubon Bouri was employed as a surface trammer at Bankoiia colliery from 1956. Ke had cataract in both eyes and was operated upon for cataract at Kalla Central Hospital towards the end of September, 1965 after he had completed more than 9 years' service. After he was discharged from the hospital he "was 'not allowed to join his job as a trammer. He was informed by a letter of the Manager dated 15th June. 1966, that he was recommended light job on the surface by the doctor of the Central Hospital, Kalla, but that the company had no light job on surface for him. On 6th September, 1966 the Organising Secretary of the Khan Shramik Congress made a complaint about Bhubon Bouri's case to the A L C. Central, Raniganj. There was conciliation proceedings before the A-L.C. in ques- tion but as no settlement could be arrived at. the dispute was referred to adjudica- tion.

3- The union in its written statement has said that the management was dis- pleased with Bhubon Bouri for joining the branch of the Khan Mazdoor Congress at Bankolla colliery; that though Bhubon Bouri had to undergo an operation for cataract he did not lose his efficiency because of the operation and he was declared tit on the 16th May. 1966 and reported for duty on 17th May, 1966, bat the manage- ment refused to employ him in his original job and informed him by a letter dated 15th June, 1966 that the doctor had recommended a light job for him on the surface .at the company had no such light job to offer; that the workman was fit for his original job and it was therefore unfair on the part cf the management to refuse mm his original job or even a light job. The union wants reinstatement of Bhubon Bouri in his original job or any other similar job and also wages or allowance for 'he period of non-employment. ,

4. According to the written statement of

5. Neither the management nor the workman has produced the certificate of fitness which was issued by the medical officer of Kalla central hospital on the discharge of Bhubon Bouri from the hospital. Bhubon Bouri in his deposition before the tribunal has stated that he handed over the certificate to the Junior Welfare Officer of the company and did not get it back. The Junior Welfare Officer, Shri S- N- Saigal. has deposed for the management and stated that after the manager had issued the letter dated 15th June. 1966 informing Bhubon Bouri that he had been recommended a light job, but the company had no light job to offer, Bhubon Bouri came to him and asked for the original treatment ticket on which the medical officer of Kalla had endorsed his opinion as to the man's fitness, saying that he wanted to show the same to the doctor of Kalla hospital; and then he ^turned that ticket to the workman concerned and did not get it back- It is however admitted in the written statement of the management that the original ' cpinior given by the Medical Officer, Kalla hospital was that Bhubon Bouri was fit for any work on the surface. This also appears from the contents of the letter Fxt C dated 12th March. 1966 which the manager wrote to the medical officer, Ka'lq hospital In that letter there is reference to the medical officer's endorsement

on the treatment ticket with the date 22nd February, 1966, that Bhubon Bouri could do any surface job; the manager then briefly described the job of a trammer, and said that the job was an arduous job involving a lot of quick physical movements, and asked for the opinion of the medical officer whether Bhubon Bouri could be employed as a trammer after his operation for cataract- The reply which the medical ofllcer gave to the manager has not been produced by the management and an adverse Inference might be drawn against the management Shri D. Narsingh has relied on a statement made by the Organising Secretary of the union in the letter, Ext. A, by which he made the complaint on 6th September, 1966 regarding Bhubon Bouri to the A.L.C, Central, Raniganj; therein it was stated that the work- man was advised by the doctor, Central hospital, Kalla to do light job at the surface on 16th May, 1966 and that he reported accordingly to the manager on 17th May, 1966. During arguments, Shri Benarsi Singh Azad appearing for the union has stated that the workman or the Organising Secretary of the union did not see any written opinion of the medical officer, Kalla that the workman was fit for light job only; and that such a representation was made in the letter, Ext. A, because the workman had been informed by the letter, Ext. D dated 15th June, 1966 that that was the opinion of the doctor, Central hospital, Kalla- Before the tribunal no evidence has been led to show that the second opinion was given by the doctor of Kalla Central Hospital on 16th May, 1966- That date given in the letter of com- plaint, Ext. A dated 6th September, 1966 appears to have been a piece of guess work on the part of the Organising Secretary of the union after hearing the workman concerned- Shri Azad has urged that in view of the original opinion ol the medical officer, Kalla, the management ought to have allowed Bhubon Bouri to join his original job as a surface trammer, for the Doctor had said that the man was fit for any work on the surface. If however the manager considered it risky then to employ Bhubon Bouri as a trammer, he was competent to ask the Medical officer again- It is a pity that the letter containing the second opinion has not been pro- duced. Even assuming that the second opinion of the doctor was that the man should be given a Jlght job on the surface, there is no reason why such a light job should not have been given to Bhubon Bouri by the management, Bhubon Bouri having been a permanent workman who had put In more than 9 years' service before his operation- Shri Narsingh has referred to a decision of the L-A.T-, Udipi Srikrlshna Vilas v- City Hotel Workers Organisation (19G5 II LLJ 43). In that case a man engaged as a waiter at a hotel had become unfit for his original job because of disease in the left thigh bone and fracture of the left thigh bone. The doctor in that '^ase had 1 ecommended a job which did not involve much walking. The L-A.T. held that the company was not bound to create a job involving lighter work suitable for the workman concerned. It may be correct that the company js not bound to create a light job to suit a particular workman; but a Bankolla collierv about 2,200 men are employed and at least 40 or SO are badli or temporary men and there are several descriptions of job Involving light work in category 1 and other categories which might have been offered to the workman concerned. The union has led evidence to show that such oiler of light work WHS made to other permanent workmen who because of accident became unfit for their original jobs and were recommended light work- One such case was that of Rachla Robidas. who was originally a clip man, and after he had met with an accident involving fracture'of his hip bone and knee joint, he was given light work as a gateman; and when the company wanted him to resume a more strenuous job like his original iob he refused to do so and a dispute arose, and at the intervention of the Con- ciliation Officer he was given the work of a pump khalasi. Bhubon Bouri has mentioned another case, namely that ol Jogl Robidas, who was originally a loader: when he v-as recommended light work after an accident he was allowed to work as -i fan mnzdonr The letter, Ext. B, addressed by the A.L-C. Kaiganj to the General Secretary, Khan Shramik Congress with a copy to the manager, Banknlla Coll^rv fluted 4th January. 1967 shows that the A.L-C considered that by that time Bhn^oii Bouri must have become (11 for his original work as H trammer and the General Secretary was asked to advise Bhubon Bouri to report to the management for employment 'in his original job and report the result on 15th January, 19fi, No evidence has been given as to what happened thereafter But ,t is clear that the workman concerned was not allowed to rejoin his original job by 15th January.

1967.

fi. On behalf of the union it has been suggested that the management took a harsh attitude against Bhubon Bouri because of, his membership of the Khan Shramik Congress which the management has not yet recognised at Bankolla Colliery. There Is no evidence to show that because of his union membership, the management refused to let him join either his original job or a lighter job; but since (.here is evidence that other workmen who were recommended light jobs were given light jobs, the refusal to give a light job, if a light iob was recommended by the cirictnr, in the case of Bhubon Bouri must be considered as discrimination and therefors unfair labour practice- Bhubon Bouri has appeared before the tribunal

and he now appears to have fairly good eye sight with glasses and appears to be fit for his original job as surface trammer. He should therefore now be allowed to rejoin his original job- For the interval, i.e. the period of non employment he is not entitled to full wages because the letter of the manager dated 12th March 1966 shows that the manager did not consider him, in spite of the original opinion given by the medical ofllcer, Kalla, as fit for doing the arduous work of a trammer; and whatever the second opinion of the medical officer, the union started the dispute on the footing that the workman should have been given a light job as recommend- ed by the Medical Officer until he was fit to do his original job- There is evidence that in the meantime he has been staying in his village home near the colliery and looking after the work of cultivation and doing whatever work he gets. It would be proper in the circumstance to give him a compensatory allowance equal to l/4th of his remuneration for the period from 15th June, 1966 the date of the manage- ment's letter refusing to employ him- Clearly the workman is entiled to some compensation because the management never finally discharged him, although the management by the letter Ext- D refused to give him a job, saying that there was no light job to give him at that time- As regards the date mentioned in the sche- dule of the xeference order, namely 17th May 1906, there is no evidence that the workman went to report for work on that day, even though such an averment was made in the written statement ol the union. The evidence before the tribunal shows that after his convalescence, he was definitely refused a job on 15th June, 1966- It must be held that he was fit for at least a light job from 15th June 1966 and the allowance l/4th of his remuneration will be calculated from that date-

7. My award there is that the management of Bankolla Colliery was not justi- fied in stopping Shri Bhubon Bourl Surface Trammer, from work i.e., refusing any Mnd of work to him with effect from 15th June, 1966. I direct that he be allowed to -join his original job as surface trammer within one month of publication of the award and that he be paid compensation at the rate of l/4th of the earnings which he had before he was admitted to the hospital for his cataract operation, from 15th June, 1966 until the date when he is taken back in his old post.

Sd./- S. K. SEN,

Dated, 11th December, 1967-

Presiding Officer.

[.No. 6/101/6G-LRII.]

New Delhi, the 16th December 1967

S.O. 4639—In pursuance ol section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal No. 2, Dhanbad, in the industrial dispute between the employers in relation to the North Badjna Colliery, Post Office Nirsachatti (District Dhanbad) and their workmen, which was received by the Central Government on the 14th December, 1967.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No •>) AT DHANBAD

In the matter ol a reference under Section 10(1) (d) of the Industrial Disputes Act, 1947.

REFERENCE NO. 56 OF 1967

PARTIES :

Employers in relation to the North Badjna Colliery, Post Office Nirsachatti (District Dhanbad)

AND

Their workmen.

PRESENT:

Sri Nandagiri Venkato Rao, Pi?sidiii" Officer.

APPEARANCES:

For the employer: Sri S- S. Mukheriee, Advocate.

For the workmen: Sri Shanker Bose. Secretary, Colliery Mazdoor Sangh.

STATE: Bihar

INDUSTRY: Coal.

Dhanbad, dated the Oth December, 1967.

AWARD

The Central Government being of opinion that an industrial dispute exists between the employers in relation to the North Badjna Colliery, Post Office Nirsa- chatti (District Dhanbad) and their workmen, by its order No. 1/28/64-LR-II dated

the 16th July, 1965 referred to the Central Government Industrial Tribunal Dhanbad under Section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matter specified in the schedule annexed thereto- The schedule is extractd blow:

SCHEDULE

"Whether the dsmissal of the workers whose names are given below, with effect from the 6th June, 1964. by the management of North Badjna Colliery was justified? If not, to what relief are 1hey entitled?

1. Sri Mati Roy. 2. Sri Modhu Turi. 3- Sri Guli Turi. 4. Sri Ghutu Singh. 5. Sri Satish Gorai. 6. Sri Basdeb Turi. 7- Sri Bishu Turi. 8. Sri Bhola Singh. 9. Sri Ch. Sahadev Turi.

10. Sri Lalchand Missir 11. Sri Maroo Turf. 12. Sri Abdul Min. 13- Sri Gopal Turt. 14. Sri Dhurlav Goiai. 15. Sri Huru Turi. 16. Sri Raman Baourl. 17- Sri Rampayara Gope- 18. Sri Bahadur Singh 19. Sri Kirty Roy. 20. Sri Dhaneshwar Turi. 21. Sri Lekha Turi."

2. The Central Government Industrial Tribunal. Dhanbad registered the reference as reference No. 115 of 1965 on its file. The employers as well as the workmen field their statement of demands. While it was pending before the Central Govern- ment Industrial Tribunal, Dhanbad the proceedings was transferred to this T rib'ma' by the Central Government by its order No- 8/25/1967-LRII dated 8th May 1967 under Section 33(B)(1) of the Industrial Disputes Act. 1947. Consequently, the reference is renumbered on the file of this Tribunal as reference No. 56 of 1967.

3. All the 21 affected workmen were trainers and are dismissed from service with effect from 6th June 1964 as a result of a domestic inquiry held against them. The charge against them was that they refused to push empty tubs in violation of terras of the settlement entered into by them through their accredited representatives and the' management of the employers in presence of the Conciliation Officer (C) Dhanbad. The case of the employers in brief is this: All the 21 affected workmen were piece¹ rated underground trammers. After issuing notices under Section 0(a) of the Industrial Disputes Act, 1947 dated 18th February 1964 they were made time rated trammers with effect from 16th March 1964- Against this action the Union of the affected workmen raised an industrial dispute before the Conciliation Officer, Dhanbad. During the conciliation proceedings a settlement was reached on 25th May 1964 between the management of the employers and the affected v. orkmen represented by Lala B. P. Sinha, Member Central Executive Committee and Bindeshwari Sharma. Branch Secretary of the Colliery Mazdoor Sangh. The main terms of the settlement were:

"(1) The trammers will be made piece rated once again with eflect frcm 1st June 1964, provided they push empties and they would be paid Rs- 0.87 for tramming and Rs. 0.25 np. for pushing empties, making a total of Rs. 1.12 np. per tub.

(2) This rate is exclusive of V.D.A. and interim relief as these payments

are made on attendance.

(3) These trammers will continue pushing empties so long as the manage-

ment desire them to do so,

(4) As and when pushing of empties by the trammers is stopped by the management, the trammers will be paid Rs. 0-87 np- only as tramming charges and they will continue to remain on piece rate." The above terms of the agreement were known to the representatives of the affected workmen and they were also widely published among the affected workmen. Inspite of the above settlement and repeated orders 24 underground trammers.

Including the 21 affected workmen refused to push empties and thus disobeyed the lawful order of the management- Hence, chargesheets dated 2nd June 1964 were served on all the 21 ell>cted workmen and three others. The three other workmen pleaded guilty to the charges and agreed to push empties, but the 21 affected work- men refused to do so. Separate departmental enquiries were held in batches giv- ing full opportunity to the afTected workmen to cross examine the prosecution witnesses and defend themselves. As a result of the enquiry the misconduct men- tioned in the chargesheets was satisfactorily established and the affected workmen were, therelore, dismissed from service by the letter dated 6th June 19(34- The affect- ed workmen deny knowledge on their part that they had been converted to time rated and again to piece rated trammers. They admit, however that against the action taken by the management of the employers converting them into time rated trammers, an industrial dispute was raised on their behalf before the Conciliation Officer (C), Dhanbad and a settlement embodying the terms pleaded by the em- ployers was prepared and signed by both the parties- But they contained that the settlement was only a draft- They took furher objections against the settlement I hat at the time of preparation of the settlement the representatives of the affected workmen had 00 knowledge about the existence of another seam with a distance of 2500 feet in addition to the one with a distance of about 500 feet, that under the settlement the management of the employers tried to force the affected workmen to push the empty tubs as well as loaded tubs at the seam where the pushing was 2500 feet at the same rate of Rs, 025 per empty tub, that the representatives of the workmen did not inform the affected workmen about the settlement as it was not finalised and that the refusal on the part of the affected workmen to push the empty tubs was justified and legal. The affected •workmen also admitted the domestic enquiry held against them, but described it as perfuntury, malaflde and in breach of the principles of natural justice.

4. The workmen were represented by Sri Shanker Bose, Secretary, Colliery Mazdoor Sangh and the employers by Sri S- S. Mukherji, Advocate- By consent of the workmen Exts. Ml to M18 for the employers and by consent of the employers •Exts. Wl to W7 for the workmen were marked- Neither party examined tiny wit- ness-

5. The whole rase hinges upon the settlement. Ext. M4, which is the same as Ext. W4. Admittedly, it was entered into by the accredited representatives of the workmen and the employers. As per the terms of settlement the trammers, inclusive •of the affected workmen were converted to peice rated trammers on condition that they push empty tubs as long as the management desired them to do so- This settlement was arrived at by the parties during the conciliation proceedings contemplated under Sub-Section 3 of Section 12 of the Industrial Disputes Act, 1947 and, under Section 19 it has come i:itu operation on the same date on which the settlement was signed by the parties, namely, 25th May 1964 arid it was bind- ing on the parties as long as it was not repudiated by them. Under Section 19 no circumstances are mentioned under which cither of the parties to the settlement could refuse to abide by it. Admittedly the affected workmen refused to push empty tubs m terms of the settlement- The plea taken by the workmen is that the •settlement was not finalised and that It was not binding on the trammers as it -was an outcome of a misunderstanding on I he part of the representatives of the workmen- When in para 6 of the statement of demands the workmen have cate- gorically admitted that the settlement was .signed on their behalf, I could not understand what they mean by saying that the settlement was a draft. I do not find any force in the objection. Under Section 9 (a) of the Industrial-Disputes Act, 1947, employers were obliged to issue a notice when they proposed to affect any change in the conditions of service applicable to workmen in respect of pny matter -specified in the fourth schedule. When the employers in the instant ease proposed fit to convert the piece rated trammers to time rated trammers they issued the notice, Ext. Ml followed by the notices, Exts. M2 ard M3 calling upon them to push empty tubs. Aggrieved by the action of the employers the workmen, through their representatives took he dispute to the onciliation Officer under Section 12 of the Industrial Disputes Act, 1947. But they never mentioned that they refused to push empty tubs because one seam was of 500 feet and the other of 2500 feet in distance. It is difficult to believe that the workmen might not have brought the fact to the notice of their represenatives- Their representatives having signed the statutory settlement the workmen arc bound by the settlement under Rule 37 of the Industrial Disputes (Ceniral) Rules, 1957 and it is not open to them to question it Ext- W5 is a leiier addressed by the General Secretary, Koyala Mazdoor Sabha on behalf of the workmen to the Conciliation Officer' (Central) Dhanbad setating that Ihe 661116™ = .it. Ext- W4 wss subject to the condition that

If it was not approved by majority of the workmen concerned It would be modified, amended and altered or rejected- But the settlement, Ext. W4 does not mention any such condition. The workmen did not choose to substantiate their case by examining the Conciliation Officer or any witness, not even the representatives of the workman who signed the settlement. To the letter, Ext. W5 the Conciliation Officer sent a reply, Ext. W6, denying the contents of the workmen's letter, Ext- W5 and stating that on 25th May 1964 the management agreed to the suggestion given by the representatives of the workmen, that the issue was resolved to the satisfaction of both the parties and that the settlement should be implemented- The contention of the workmen that the settlement was only a draft or that It was subject to some condition Is contradicted of their letter, Ext- W7 addressed to the manager on 30th June 1965- Through the letter they stated that they intended to terminate the setlement dated 25h May 1964 after two months and that after expiry of the period of two months the settlement would stand null and void. Presumably this lotter, Ext. W7 was meant to be a notice under sub-section 2 of Section 19 of the Industrial Disputes Act, 1947- But under the sub section the notice shall come into operation only after six months from the date on which the settlement was signed by the parties, as no period of operation was mentioned in the settlement- For these reasons I find no substance in the contention that the settlement, Ext- M4 w#s an outcome of any misunderstanding or its binding nature could be ignored by the workmen-

6. As the affected workmen and three ethers refused to push empty tubs in terms of the settlement, Ext. M4 the employers issued to them chargesheets, Ext a. M6, M7, M8 and M9- The replies submitted by the affected workmen and three others to the chargesheets are Ext Ml. Exts- M10(:i), M10(b) and M10(c) ere the replies by the three workmen other than the affected workmen admitting their Obligation to push empty tubs and expressing their willingness to do so- The replies submitted by the affected workmen are common and they are to the effect that they had no knowledge of the settlement. Ext- M4 and that it was prejudi- cial to their Interest. Ext. Mil are the enquiry proceedings. Ext. M15 the enquiry report and Ext. M16 the order of the Director dismissing the affected workmen. From the enquiry proceedings, Ext. Mil I find that the affected workmen attended the enquiry, refused to cross examine the prosecution witnesses and also refused to give their thumb Impressions on the statements- The evidence of the prosecution witnesses is that the affected workmen refused to push empty tubs, The fact Is admitted by the workmen even now. The workmen have taken the plea that the enquiry was prefuntury and that It against principles of natural justice. But It Is not even suggested in what way they were so. Disobedience of lawful and legal - orders is a misconduct under the Standing Orders, to be visited by the penalty of dismissal. I do not find any flaw in the enquiry or the dismissal order. I do not also find any justification on the part of the workmen to violate the terms of the settlement, Ext. M4.

7, I, therefore, hold that the dismissal of the affected workmen whose names are given below with effect from the 6th June. 1964 by the mangement of North Badjna Colliery was justified, and, consequently, they are not entitled to any relief. The award is made accordingly and submitted under Section 15 of the Industrial Disputes Act, 1947.

1. Sri Matl Roy. 2. Sri Modhu Turl- 3- Sri Gull Turi. 4. Sri Ghutu Singh. 5. Sri Satish Goral- 6. Sri Basdeb Turi. 7- Sri Bishu Turi. 8. Sri Bhola Singh. 9. Sri Ch. Sahadev Turi.

10. Sri Lalchand Misslr- 11. Sri Maroo Turi. 12- Sri Abdul Mia. 13- Sri Gopal Turi. 14. Sri Dhurlav Gorai. 15. Sri Huru Turi. 16- Sri Raman Baourl. 17- Sri Rampayara Gope- 18- Sri Bahadur Singh.

19. Sri KIrty Roy. 20. Shri Dhaneswar Turi- 21. Sri Lekha Turl."

(Sd.) N- VENKAIIA RAO, Presiding Officer,

APPENDIX I

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (N0.2) AT

DHANBAD

REFERENCE NO. 56. OF I967

Employers in relation to the NorLh Badjna Colliery Post Office Nirsachatti, District Dhunbad.

AND

Their workmen

List of Documents Admitted in evidence for the Employers

Distinguishing mark 01

Description of document & dt. Date of

number

admission

Whether admitted after ur withoul ob-

1

2

3

jection 4

Ext. Mi

8-8-67 Admitted

Ext. Mi

Office copy of the kttei to the Chief Labour Commissioner ' Q), New Delhi, dt. i8-2-fi4 tnclosing form E. Office copy of the lettei by the Manager Do.

Du.

to all trammers dt. 17-3-64.

Ext. M3

D o.

Office copy of Ihc kitef by the Alanagei

Do,

to all trammirs daled 1R-4-64,

Ext. M4

D11.

Do.

Original letter by the Conciliation Offi- cer (C) to the Manager, dt. 29-5-64.

ExL. M5

Do.

Do.

Office copy of (he letter by the Manager Lo the Conciliation Offictr (Cj Dhanbad dt. 2-6-64.

D o.

D o. Ext. M6

Office copy of diurgesheet dt, 2-6-G4 mued to S/Shri Lalchand Missir, Karu Tun, CH. Mahabir Tun, Durlav Gorai, Bahadur iSingh, Bhola Singh & Chutu yingh.

D o.

Do.

Ext. M7

Office copy of chargesheel dt. 2-6-64 issued to S/Sri Lekha Turi, Guli Turi, Hum Turi Sahadeb Turi, Dhaneihwar Tun, Kirty Ro\, Abdul Mia and Mt'ti Roy.

D o.

Do,

Ext. MK

Office copy of chargeshect dt. 2-6-6 ] issued to Sri Ramcn Bauii, Ram- peara Gop^, Ramsevak Gope, Laton Bhuia, Satish Gorai and Gopal Tun.

Do,

Do.

Ext. Mq

Office copy of chargesheet dt. 3-6-64 issued to S/Sri Basdeb Turi, Bisu Turi and Madhu Turi.

Do.

Do.

. Reply to chargesheet 24 sheets

Ext. Mio

2

4

Admitted

8-8-67

Original departmental enquiry proceed-

Exr. MTT

ings hdd on 4-6-64 - 2 sheets

D o.

D o. Do.

D o.

Do. Do. Do.

Do. held on 5-6-64-3 sheets Do. held on 5-6-64-2 sheets Do. held on 5-6-64- 2 sheets Letter dt. 5-6-64 forwarding the report Do.

Ext. M12 Ext. M13 Ext. Mi4 Ext. Mis

of enquiry officer to Director

Do.

Office copy of letter of dismissal dt. Do. •

Ext. M16

6-6-64

D o.

Do.

Ext. M17

Do.

Do.

Ext. M18

Original letter dt, 28-S-64 by S/Sri Ramm Bauri, Dhurlav Gorai, Satish Gorai to the owner and Manager Original letter dt. 30-6-65 by colly Maz- door Sangh to Manager, North Bad- jna colliery terminating the agree- ment dt. Z5-5-64

List of Documents Admitted in evidence for workmen

Description of document & dt. '.

Date of

Distinguishing mark

Whether admitted

admission

or number

after or

without objection

Ext. Wi Ext, W2 Ext. W3

. Relpy to chirge'shect dt. 28-4-64 .Letter to R. L. C. dt. 33-4-64 . Letter of Conciliation officer dt. 16-5-64

8-S-67 D o. Do.

Admitted D o. Do.

Do. Do. D o. Do.

Ext. W4 Ext. W5. . . Ext. W6 Ext. W7

Do. dr. 29-5-64 Do. dt. 3-6-64 Do. dt. 16-6-64 Do. dt. 30-6-65

Do. Do. Do. Do.

(Sd.) N. VENKATARAO

Presiding Officer.

APPENDIX II

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No. 2) AT

DHANBAD

REFERENCE N O. 68 OF 1967

Employers in rclatior to North Hadjna Colliery, V. O. Nirsuchatti, District Dhanbad.

AND

Their workmen

List of teitneis examined for the limplovcr

Name of witness

No. of witness

Date of examination

Nil.

Nil.

Nil.

• S E C. 3 ( H )J T HE G A Z E T TE OF I N D IA : D E C E M B ER 3 0, 1 9 < S 7 / P A U SA 9, 1 8 89 4 8 77

List of vritness Examined for Workmen

Name of witness

Date of examination No. of witness

Nil.

Nil.

Nil,

(Sd.) N. VENKATA RAO,

Presiding Officer. [No. 1/28/64-LRII.]

SO 4640.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1047), the Central Government hereby publishes the following award of the Industrial Tribunal No. 2, Dhanbad, in the industrial dispute between the em- ployers in relation to the Loyabad Colliery (North) of Messrs Burrakur Coal Com- pany Limited, Post Office Bansjora (Dhanbad) and their workmen, which was received by the Central Government on the 14th December, 1967.

BEFOHE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No- 2) AT DHANBAD.

In the matter of a reference under Section 10(1) (d) of the Industrial Disputes .Act, 1947.

REFERENCE NO. 79 OF 1967.

PARTIES:

Employers in relation to the Loyabad Colliery (North) of Messrs Burrakur CoaJ Co. Ltd-, Post Office Bansora, District Dhanbad.

AND Their workmen.

PRESENT:

Sri Nandagiri Venkata Rao.—Presiding Officer.

.APPEARANCES:

For the employers.—Sri J. L. Sinha, Group Personnel Officer. For the workmen,—Sri Lalit Burman, Secretary, Bihar Koyala Mazdoor Sabha.

ST^ATE: Bihar.

INDUSTRY: Coal.

Dhanbad, dated the 12th December, 1967.

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers in relation to the Loyabad Colliery (North) of Messrs Burrakur Coal Co., Ltd., Post Office Bansjora, District Dhanbad, and their work- men by its order No. 2/84/65-LRII dated 26th October, 1965, referred to the Central Government Industrial Tribunal, Dhanbad under Section 10(1) (d) of the Indus- trial Disputes Act, 1947 for adjudication the dispute in respect of the matters specified in the schedule annexed thereto. The schedule is extracted below;

SCHEDULE

"1 Wether the management of Loyabad Colliery (North) was justified Jn refusing employment to Sri Ramrup Routh, Trammer, with effect from the 21st May, 1965 and finally dismissing him from service with effect from the 12th June, 1965?

2. If not to what relief is the workman entitled?'¹

2. The Central Government Industrial Tribunal, Dhanbad rejjistc-red the refer- ence as reference No. 176 of 1965 on its file. The employers as well as the work- men filed their statement of demands. While it was pending before the Central Government Industrial Tribunal, Dhanbad the proceeding was transferred to this Tribunal, hy the Central Government by its order No. 8/25/67-LRT1 dated 8th

May, 1967, under Section 33(B) (1) of the Industrial Disputes Act, 1947. Conse- quently, the reference Is renumbered on the file of this Tribunal as reference No. 79 of 1967.

3. The effected workman, Ramrup Routh (hereinafter referred to as the affect- ed workman) was a trammer in the colliery of the employers. He is dismissed from service by the employers with effect from 12th June, 1965, as the result of the findings in the domestic enquiries held against him in respect of the charge- sheets dated 12th May, 1965, and 24th May, 1965. The facts leadings to the charge- sheets are in a narrow compass and they will be stated in brief. On 10th May, 1965 the affected workman received a telegram that his mother was in a hopeless condition and that he should go to her immediately. On this he went to the office of the management, got prepared an application for 10 days leave from 10th May 1965, to 20th May, 1965, and tried to obtain the leave sanctioned, but he could not succeed- On 11th May, li.)65. he approached the Agent with the leave applica- tion and telegram, complaining that he was running from door to door with the leave application and telegram but the leave was not granted and that the Agent should kindly intervene and advise the office to grant him leave for 10 day as prayed for by him. Even this effort of the affected workman did not produce the desired effect. Without waiting further he left the colliery on the night of 11th May, 1965- These facts are not in dispute. The case of the workman is that the affected workman returned to duty on 21st May, 1965, but the management did not allow him to join duty, that on 24th May, 1965, the management issued to him a chargesheet dated 12th May, 1965, alleging that he presented himself at the attendance cabin on 10th May, 1965, and got his attendance marked for the second .shift but was absent from duty in the whole shift and another chargesheet dated 24th May, 1965, alleging absence; from duty from 10th Mav, 1965, to 22nd May, 1965, for more than 10 days without permission, that he submitted his ex- planations to the chargesheets denying the allegations that the management held enquiries on 27th May, 1967, and that the enquiries were neither fair nor just. The defence pleaded by the employers is that the affectd workman got his atten- dance marked for the second shift on 10th May, 1965, with the ulterior motive of beneflttinjt himself unlustlv, that he absented himself for more than 10 davs from 10th May, 1965, to 24th May, 1965, without permission, that +he two charge- sheets served on him were enquired into properly and in accordance wjlh the principles of natural justice, that the enquiry officer found the affected workman guilty of both the charges and that the punishment of dismissal awnvded to the affected workman with effect from 12th June, 1965, was proper and justifled.

4 The workmen were represented by Sri Lalit Burman, Secretary Bihar Kovala Mazdoor Sabha and the employers by Sri J, L. Sinha, Group Personnel Officer, By consent of the workmen Exts. Ml to M10 for the employers and by consent of the employers Exts. Wl to W5 for the workmen were marked. On behalf of the workmen a witness is examined. The employers did not examine any witness.

5. It is admitted that on 10th May, 1965, the affected workman received a tele- gram Ext M3 that his mother was seriously ill and he should proceed, to her side immediately and that he got the leave application, Ext. M2 prepared by the office praying for leave for 10 days from 10th May, 1965, to 20th May, 1G65. It appears from the statement of Sri K. P. Chatterji, found in the enquiry proceedings. Ext. M6 that the leave application, Ext. M2 was prepared by him. It is not denied by the employers that for some reason or other the leave asked for was neitheif granted nor refused to the affected workman and, consequently, he had submitted the application, Ext. W3 to the Agent, The allegation of the employers is that in the second shift on 10th May. 1965 the affected workman presented himself at the attendance cabin for his attendance, but absented himself from his plrce of work in the whole shift. With this allegation the chargesheet, Ext, M4 was served on him, stating that his act amounted to "fraud and dishonesty in connection with the company's business". The affected workman replied to the charge allega- tions/denying it and stating that he went to the pit top only to inform the atten- dance clerk that he would not be able to work. He further stated in his reply that as a consequence of his report to the attendance clerk one Badli workman was arranged in his place. In the domestic enquiry the attendance clerk, Uma- kant Singh and the assistant manager K, M. Singh deposed that tho affected work- man got his attendance recorded and that he was found absent underground in his place. The enquiry officer found the evidence credible and the charge allega- tion proved. It is contended on behalf of the employers that the act. of "fraud and dishonesty In connection with the company's business" is a misconduct as per standing orders 27(2) of the Certified Standint; Orders for which the guilty employee could be suspended, fined or dismissed. Even assuming that the finding

of the enquiry officer is correct I cannot agree that the affected workman deserv- ed the maximum punishment of dismissal. Admittedly, he got the leavt: applica- tion prepared and was moving about to get it sanctioned in his eagerness to pro- ceed to the side of his ailing mother and, as such the explanation of the affected workman that he went to the attendance clerk only to tell him about his inability to join c^uty but not to get his attendance marked, cannot be an unreasonable one. The simple fact found by the enquiry officer was that having got his attendance marked he absented himself from his place of duty without permission. "Leaving work without permission is mentioned in clause 18 oi S.O. 27- That appart I also find S.O. 10 which reads thus: "any employee who, after going underground or after coming to his work in the department in which he is employed, is found absent from his proper place or place of work during working hours without per- mission from the appropriate authority or without any sufficient reason shall be liable to be treated as absent for the period of his absence and renders himself liable for misconduct.'¹ I find considerable force in the contention on behalf of the work- men that the employers tried to exaggerate to the maximum extend the serious- ness of the fault committed by the affected workmen and that the enquiry officer was prejudiced against the affected workman when he made the observation, "Instead he got his attendance recorded and remained absent from his place of work if not detected would have ended in payment for the day which lie does not deserves at all. If this was not detected the workman concerned would hove also got the benefit for the day in his leave, bonus etc, This action on the part of the workman amounts to fraud and dishonesty in connection with the com- pany's business." The enquiry officer simply found the affected workman absent on his work spot, but did not find that it was "without any sufficient reason", I consider, particularly, in view of the mitigating circumstances of his mother's serious illness, the finding of the enquiry officer and the consequent punishment of dismissal awarded to the affected workman as not justified,

6- The other chargesheet served on the ailected workman was dated 24th May, 1965, and it is Ext, Ml. The allegation was that he absented himself for more than 10 days without leave or permission from 10th May, 1965, to 22nd May, 1965. In the explanation to the charge the affected workman has admitted that he was absent from 10th May, 1PG5. to 21st May. 1965, but stated that he was compelled to leave the colliery owing to the serious illness of his mother after his efforts to get his leave sanctioned failed, inspite of his waiting till the evening of 11th May, 1965, and submitting his application to the Agent, The contention of the em- ployers is that sanctioning of lenve required a long' procedure and that the affect- ed workman was bound m duty not to leave the colliery till his leave was sanc- tioned, however long it took. No suggestion is made that the affected workman did not try seriously and to do what ne could to get his leave sanctioned on 10th May, 1965, as well as on 11th May, 1965. He went to the utmost extent of approaching the agent seeking his help in the matter. In the Certified Standing Order I find S.O. 11 which prescribes the mode for applying for leave. It says, "Employees, who due to illiteracy do not apply in writing must apply verbally". Admittedly, the affected workman in the instant case is an illiterate person as he affixes his L.T.I's. as is seen from the exhibits of the employers themselves. In view of S.O. 11 it was sufficient for him to apply verbally for his leave and noth- ing more was expected by him. He applied instead through a written applica- tion to the highest authority of the colliery, namely, the Agent, for his leave. If the authorities of the colliery choose not to grant him leave or, inform him accord- ingly, this act appears to me as nothing but the one motivated with victimisation for one reason or other. Further, S.O. 27(16) does not simply say "continuous absence without permission" but further proceeds to say that it must be "without satisfactory cause". The affected workman had sufficient cause, nnmely, serious illness of his mother. The enquiry officer in his report, Ext. M4 has given the finding that the act of the affected workman was, "absence without leave or per- mission." He did not apply his mind to see whether it was also, "without satisfac- tory cause." In this view I find that the finding of the enquiry officer was not supported by any material and it was perverse. In the statement of demands filed by them the employers have stated that the affected workman returned from home for duty only on 24th May, 1965, but in the chargesheet, Ext- Ml it was stated that the affected workman was absent from 10th May, 1965, to 22nd May, 1965. Thus, as the result of my above discussion I find that the affected workman is not entitled to his wages or dues for three days, from 20th May, 1965, to 22nd May, 1965, inasmuch as, he was due to report to duty on 20th May, 1965 but reported on 23rd May, 1965. His leave from 10th May, 1965, to 20th May,, 1965, should be deemed as granted. The order of his dismissal, Ext. M10 cannot be upheld.

7. I, therefore, hold that the management of Loyabad Colliery (North) of Messrs. Burrakur Coal Company Limited was not justified in refusing employ- ment to the affected workman Ramrup Routh, trammer, with effect from 23rd May, 1965, and finally dismissing him from service with effect from 12th June, 1965, and, consequently, the affected workman, Rampur Routh is entitled to be treated a;. in continuous service with effect from 23rd May, 1965, with all his wages, and dues. His leave for the period from 10th May, 1965j to 20th May, 1965, should be deemed as granted, 3 days with pay and 7 days without pay as prayed for by him. He is not entitled to any wages or other dues from 20m May, 1965, to 22nd May, 1965. The award is made accordingly and submitted under Section 15 of the Industrial Disputes Act, 1947.

Sd,/- N, VENKATA RAO, Presiding Officer, Central Government,

Additional Industrial Tribunal,

Dhanbad.

APPENDIX T

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No. 2) AT

DHANBAD.

REFERENCE NO. 79 OF 1967

Employers in relation to the Loyabad Colliery (North) of Messrs Burrakur Coal Co, Ltd., Post Office Bansjora, District Dhanbad.

AND

Their workmen.

List of Documents Admitted in Evidence for the Employers

Distinguishing mark

Description of document & dt.

or number

Date of admission

Whether admitted after or without objection

.Ext. Mi

Admitted

20-9-67

Chargcsheet No. XVIII dt, 24-5-65 issued to Shri Ramrup Routh along with his reply thereto.

Leave application dt. 10-5-65

Do.

Do. lExt. M2 . .

One telegram

Do.

Do.

Ext, M3

Chargeahcet No. XVII dt 12-5-65 issued Do,

Do.

Ext. M4

to Sri Ramrup Routh along with his reply

Enquiry notice dt. 26-5-65

Do.

Ext. M5 , . .

30-11-17

Enquiry report

Do,

Do.

Ext, M6

Enquiry notice dt. 26-5-65

Do.

Do.

Ext. M7

Do.

Do.

Do.

Ext. M8

Enquiry report

Do.

Do.

Ext. M9

Letter ol" dismissal dt. 12-6-65

Ext.  Mio                                                            Do.          |Do.
Ext,  Mn                   Registered  letter  with  A/D  addressed Do.            Do.
                            to  Ramrup  Routh                        Do.           Do.
JZxt.  M12                         Do.                               Do.           Do.

List of Documents Admitted in Evidence for Workmen

Whether

Description of document & dt.

2

Distinguishing Mark or number

Date of idmission

admitted by consent

or on proof

By consent

30-11-65

Ext. Wi

True copy of the leave application submitted by the workmen on 10-5-65.

True copy of the telegram received by Do.

Do.

Ext. \X'2

the workmen.

Do.

D o. Ext. \\"3

True copy of the application dt.n-5-65 submitted by the workmen to the Agent.

Do.

Do .

-xt. \\"4

True copy of the charge contained in the chargesheet dt.12-5-6 5 and the reply thereto.

D o.

Do.

E\t. W5

True copy of the chatge contained in the chargcsheet dt. 24-5-65 and the reply thereto.

(Sd.) N.VENKATA RAO,

Presiding Officer Central Government, Additional Industrial Tribunal

Dhanbad.

APPENDIX II

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No. 2) AT DHANBAD

REFERENCE NO. 79 OF 1Q67

Employers in relation to the Loyabad Colliery (North) of Messrs Burrakur Coal Co. Ltd.. Post Office Bansjora, Distt. Dhanbad.

AND

Their Workmen.

List of Witness Examined for the Employer

No. of witness

Name of witness

Date of examination

N IL

NIL

N IL

List of Witness Examined for the Workmen

No. of witness

Name of witness

Dale of examination

Sri Lalit Burman

W WI

30-11-67

Sd/- N. VENKATA RAO,

Presiding Officer, Central G-vernment Additional Industrial Tribunal,

Dhanbaa.

"" • 2'84/65-LRII.]'

S-O. 4641.-—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, Dhanbad, in the industrial dispute between the employers in relation to the Sijua Colliery of M/s. Tata Iron and Steel Company Limited, Jamadoba, P.O. Jealgora, District Dhanbad and their workmen, -which was re- ceived by the Central Government on the 12th December, 1967-

AWARD BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT AT DHANBAD.

In the matter of a reference under section 10(1) (d) -of the Industrial Dis- putes Act, 1947.

REFERENCE NO. 57 OF 1963

"PARTIES:

Employers in relation to the Sijua Colliery of Messrs Tata Iron and Steel Co., Ltd,, Jamadoba, P.O. Jealgora, Dist., Dhanbad.

AND

Their Workmen.

" PRESENT :

Shri Kami a Sahal-—Presiding Officer.

APPEAEANCES:

For the Employers.—Shri S. S. Mukherjee, Advocate. For the Workmen,—Shri D. Narsingh, Advocate.

STATE: Bihar.

INDUSTRY: Coal.

Dhanbad, dated the 29th. November, 1967

AWARD

This case has been remanded by the Hon'ble High Court at Patna for re-, hearing and disposal in accordance with law and in the lieht of observations' made in the judgement.

2. The Ministry of Labour and Employment made the present reference under section 10(1) (d) of the Industrial Disputes Apt, 1947, (here-in-after referred to as the Act) to this Tribunal by its order No. 2/35/63-LRII dated the S1h August, 1963, foT adjudication of an industrial dispute between the employers in reJution to the Sijua Colliery of M/a. Tata Iron and Steel Co., Ltd., and their workmen. The question posed in the schedule was as follows:

SCHEDULE

"Whether the dismissal of Shri Sarbanand Singh, Watchman, by the mana- gement of the Sijua Colliery of Messrs Tata Iron and Steel Company Limited with effect from the 23rd March, 1963 was legal and justified. If not, to what relief is he entitled?"

3. The management's case, in short, is that the workman concerned viz., Sar- banand Singh had lent money to Laloo Mahato, Pump Khalasi, one uf the em- ployees of the colliery and an incident leadinK to quarrel and exchange of words between the two took place when Sarbanand Singh attempted by force to take money from Laloo Mahato who was then going just after receiving his leave pay. This was misconduct in accordance with clause 19(13) of the standing orders which reads as under:

"(13) Lending money to or borrowing money from subordinate employees",

LaJoej Mahato made a complaint dated the 17th January, 1963, (Ext. M) in this connection. A rhurfiesheet (Ext. M21 dated the 18/19th January, 1963, was issued to Sarbanand Singh. The enquiring officer (MW1) recorded the statements of witnesses and also that of Sarbanand Singh on the 29th January, 1963, (Ext, MB).

4. The management's case further is that, on conclusion of the enquiry, MW1 submitted his report (Ext, M10) on the 4th February, 1963. His finding was that the charge levelled against the workman had been made out and Laloo Mahato

wag equally Ruilty because he had borrowed the money. On the basis of this report Sarbanand Singh was dismissed from the company's service with effect from the 23rd March, 1963.

5. The Genera¹ Secretary of the Colliery Mazdoor Sangh filed a written state- ment on behalf of Sarbanand Singh. His case is that he is not guilty of the mis- conduct aPeged, that the enquiry was perfunctory and there is no evidence to 'support the findings of the enquiring officer, that the punishment inflicted upon him Is so harsh that it amounts to victimisation, that the punishment is also dis- criminatory mid that there has been no compliance with the mandatory provi- sions of standing order No. 20. It was also said that the alleged misconduct had not been made out in-as-much as Laloo Mahato was not subordinate as an em- ployee to Sarbanand Singh.

6. The reference was first disposed of by an order dated the 22nd February, J965, Dassed by Shri Raj Kishore Prasad, the then Presiding Officer of this Tribu- nal. He held (i) that the domestic enquiry could not be challenged on any ground of irregularity or on the ground of violation of principles of natural justice; (ii) that the words used in sub-clause (13) of clause 19 of the standing oiders meant that the transaction of borrowing and lending money must be between an em- ployee and his subordinate and fiii) that it was unnecessary for him to decide ine other points raised by Shri Narsingh on behalf of the workman concerned relating to victimisation, or basic error or non-compliance with standing order No- 20 but. if he had to express an opinion on these points he would have "re.iect- ed these contentions as without substance". This last point was mentioned in

> paragraph 12 of the award.

S a r b a"a?d refu?<:d t⁰ a c c ePl t h ai amount. He rather demanded Ha.

r

was not prepared to pay any further interest and that he was only prepared to pay Rs. 20 at that time. Sarbanand cross-examined Laloo Mahato before the enquir- ing officer but was unable to elicit anything of importance.

11. Besides other witnesses, Shri B- S- Rao, Asstt. Chief Mining Engineer and Shri Chowla, Manager, Sijua Colliery, were examined by the enquiring officer. Shri Rao said that he was going along with Shri Chowla. and that, when they- , reached near the workshop and power house, he found Sarbanand Singh having money transaction with Laloo Mahato. On enquiry on the spot, he learnt that Sarbanand had snatched from Laloo Mahato the total amount with the latter had received as 'eave pay. Sarbanana denied having lent money but subsequently admitted that he had lent Rs. 5/-. Shri Chowla stated that he found Sarbanand having trouble with Laloo Mahato, that he learnt from Laloo Mahato on enquiry that he had received his leave pay but Sarbanand had snatched the sum of Rs. 61/- towards pavment of his loan. Sarbanand denied having lent money to Laloo- Mahato but ....?:.-: u-i- ;'tl> ii< admitted in the Manager's office that he had given Rs. 5 as loan

12. Shri D. Narsingh, who appeared before me on behalf of the workman con- cerned, attempted at first to argue that the enquiry report was biased. In : upporl of this argument, he pointed out certain discrepancies in the evidence of the wit- nesses as recorded by the enquiry officer. The mere fact that there are FO.I.O dis- crepancies in the evidence cannot lead tc the inference that the e n q u i ry officer s. report is biased. Further, his findings cannot also be held to be P ^ f s e. As Lid down by the Supreme Court in the case of Hamdard Dawakhana Waki Vrs.

w o k en (1962-11 L.L.J. 772), a finding can be characterised as pe. verse^on >

if ;t is not supported by any evidence or is entirely opposed to the wnole evxdencemsmmmmmmbe allowed to be raised.

chargesheet is onK a substance, ine " fe f t he e n q u i ry officer is con- ^ ^ t ^ d % ^ne n | u S ^ -dn | ? - f ! r e. rightly held the charge to have been established agfinst Swb.nand Smgn.

14 The next point which Shri Narsingh has urged is that there is no evidence

fr~ the encmirine officers finding.

"20 No orders of punishment by way of suspension, dismissal or fine shall he made unless the employee concerned is informed m writing of the alleged mSonduct and fe given an opnortunity to explain the circum- stances al eged against him. The approval of the .Owner. Agent or Chief Mmfnf Engineer of the Company is required in every case of dismissal and when circumstances appear to wairant it that omcer shaU institute separate independent enquiries before dealing with he f ^ r J r a e a i n st an employee. Duiing the period enquiries are being m a df on ! ™ it of X g ed misconduct the employees concerned shalt be suspended-"

^saYw^o^t f ^ Z ^ £es^ S f i s, thereforeP no merit in this point

as a borrower, he was as guilty o£ misconduct as Sarbanand Singh, the lender. He has also pointed out from the evidence of Jawaharlal (MWi; before me that no action was taken against some employees who had lent money to some sweepers who were the company's employees and this witness got the debts amicably paid and settled without anything in writing. There .seems to be no material to show that the transactions referred to by him were brought to the notice of the com- pany. It was suggested in cross-examination to the witness that no action was taken against some employees though charges framed against them for lending money were proved; but he has denied those suggestions and no attempt was made to prove that were the true. I may add that the circumstances leading to the issue uf chargesheet against those employees are not before rrii? and hence It is impossible for me to come to the conclusion that, comparing the case of Sarbanand Singh with that against those employees, there has been discrimination.

18. The facts with regard to Laloo Mahatu are. however, clear from the record. Shri Narsingh has in this connection relief upun the decision u£ the Patna High Court in South Kujama Co liery Vs. Central Government Industrial Tribunal, Dhanbad and another, reported in 1967—(II) L.L.J. 193. In that ca:;e, Ham Dayal Singh, a pump attendant, and twn others were found sl"eplng on duty. All three were found guilty at the domestic enquiry but Ram Dayal Singh was dismissed from service whereas the other two employees were let off with a warning. It was found that, sometime before the incident in question, Ram Dayal Singh had made complaints against the management to the Inspector of Mines. The Tribu- nal held that there was discrimination against Ram Dayal Singh in the matter of 1 umsbment because of his act In msking Ihose complaints. Thpir Lordships held that, in the circumstances of that case, the tribunal's conclusion relating to dis- crimination was correct and, therefore, it had rightly set aside Ram Dayal's dis- missal,

19. The facts of the above case are clearly distinguishable from those of the present rase- There Is no material in this case to show that the authorities of the company had any reason to be annoyed with Sarbanand Singh before the incident in question. The reason for them to have made a difference between the cases of Sarbanand Singh end Laloo Mahato is not far to seek. The facts and circum- stances of this case clearly show that Laloo Mahato was the victim whereas Sarbanand Sinr^h was the aggressor. In this connection, reference may be made to a decision of the Supreme Court in Bharat Sugar Mills. Vs. Its workmen—1961 (II) L.L.J. 044. In that, case, the Sugar Mills Co.. asked for approval of the Tri- bunal to the dismissal of 21 workmen for misconduct in connection with 'go-slow¹. It granted approval in respect of one workman and refused to grant approval in respect of 20. It appears that 13 other workmen were also alleged to have resort- ed to 'go-slow', Das Gupta J., who delivered the judgment of the Court, observed with reference to the argument that 20 of the workmen had been sought to be victimised and discriminated against because several of them were active members of the union, that several of the 13 workmen who were taken back in servic;e were also active members of the union. On this basis, his Lordship said: —

"There is no ground for saying therefore that the management discriminat- ed against these twenty-one workmen because of the fact that they were active^ members of the union. It may very well be that they have been iiken back as their active participation in the go-slow was not estab'ished. Without knowing fully the circumstances under which those othrr thirteen were taken back to work, it is not proper to hold that there has been any discrimination against these twenty- one",

20. I may also make reference to the decision of Kerala High Court in Tata Oil Mil's Co. Ltd., Vs. Dominic Gomez, 1966 (12) F.L.R. 138. Their Lordships have said:

"Unless the Tribunal comes to the conclusion that the action of the manage- ment in dismissing the respondent was malaflde as it was based on irrational and unreasonable discriminaton, the fact that one employee was proceeded against while another was not, is no justification for disturbing the finding of the domestic Tribunal",

Tt is clear in the present case that there was no discrimination against Sarbanand Singh. There was a rational ground for the company not to have proceeded against Laloo Mahato. The action of the company in proceeding against Sarbanand Singh cannot possibly be said to be malafide-

21. The last point which Mr, Narsingh has urged is that the punishment of dismissal inflicted upon Sarbanan-d Singh is so excessive that it must itself lead

to the inference that the company has been guilty of victimisation and unfair labour practice. The law on this point is well settled. Ordinarily, the Tribunal cannot interfere with the punishment inflicted by the management because punishment is in the employer's sole discretion. Reference may be made in this connection to a decision of .the Supreme Court in Caltex (India) Ltd Vrs. Eugene Fernandes and another—1957 (I) L.L.J. 1 and the decision of the Madras High Court in Coimbatore Cotton Mills Vs. Central Government Industrial Tribu- nal and another—1959 (II) L.L.J. 512.

22. In Bengal Bhatdee Coal Company Vs. Ram Ptabesh Singh and others— 1963 (I) L.L.J. 291, their Lordships of the Supreme Court have laid down that though, "normally the imposition of a penalty may be within the discretion of the management, there may be cases where the punishment of dismissal for the misconduct proved may be so unconscionable or so grossly out of proportion to the nature of the offence that the Tribunal may be able to draw an inference of victimisation merely from the punishment inflicted".

23. Similar is the principle laid down in Hind Construction and Engineering Company, Ltd., Vs. their workmen—1965 (I) L.L.J. 462. Their Lordships of the Supreme Court have said in that case that the Industrial Tribunal should not in- terfere with the kind or severity of punishment except in very extraordinary circumstances but that interference would be justified where the punishment is not only too severe but Qut of proportion to the fault, such as rio reasonable employer wou⁷d have imposed.

24. The question which has now to be considered is whether the punishment Imposed upon Sarbanand Singh is so shocking that an Inference of victimisation can be made.

25. Shri Narsingh has argued that, in deciding this question, I have to confine myself only to the case of money lending against Sarbanand. In other words, he says that the circumstances in which the offence of money lending on the part of Sarbanand was brought to light should not be considered. I am not prepared to agree with this argument. Although Sarbanand's guilt is that of misconduct for lending money to a subordinate employee, there is no reason why the company should not have taken the surrounding circumstances into consideration for in- flicting the proper punishment. In view of all those circumstances, it is not possible even to say that the punishment is excessive—much less that it i3 shock- ing and such as no other employer could have Imposed, It has to be remem- bered that Sar^ana-id had not only lent money but was extorting excessive amounts In the name of interest. He was even applying force for the purpose.

26. Besides, the misconduct of lending money simpliciter may also have been

29, Let this award be submitted to the Central Government under section 15 K)f the Industrial Disputes Act, 1947.

Sd./- KAMLA SAHAI, Presiding Officer.

[No. 2/35/63-LR. II.]

New Delhi, the 18th December 1967

S.O. 4642.—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, Dhanbad, in the matter of an application under section' 33A of the said Act from Shri Hrishikesh Khawas, Lamp Room Incharge, Muruli- dih Colliery, Post Office Mohuda, Dhanbad which was received by the Central Government on the 14th December, 1967.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TR1BUNAL-CUM LABOUR COURT AT DHANBAD

"In the matter of complaint under section 33A of the Industrial Disputes Act, 194't.

COMPLAINT NO. 12 or 1965

(ARISING OUT OF REI\ NO. 84 OF 1965)

PARTIES:

Shri Hrishikesh Khawas, Lamp Room Incharge, Murulldlh Colliery, P.O. Complainant.

Mohuda, Dhanbad

Vs.

The employers in relation to Murulidlh Colliery, P.O. Mohuda, Dist. Opposite Party.

Dhanbad.

PUESENT:

Shri Kamla Sahai, Presiding Officer.

APPEARANCES:

For the Complainant.—Shri S, V. Acharior, General Secretary Hindustan Khan Mazdoor Sangh, H.O. Murulidih, P.O. Mohuda (Dhanbad).

For the Opposite Party.—Shri K. V. Ayyar, Deputy Labour Advisor.

"STATE: Bihar.

INDUSTRY: Coal,

Dhanbad, dated, the 20th November, 1967

AWARD

Both parties filed a compromise petition before this Tribunal on 10th November 1967 but the petition was not signed by the complainant. I, therefore, fixed this case on 16th November 1967 for his appearance before me. The complainant, Shri Hrishikesh Khawas, appeared before me on that date. I questioned him in the presence of Mr. Acharior after explaining the terms of the compromise to him. I particularly told him that his service was not being restored but some amounts of money were going to be paid to him under the compromise. He agreed to these terms and, In token of his agreement, he put his signatures on two copies of the compromise petition.

The employers representative was absent on 10th November 1967 I, therefore, adjourned the case to this day at 11-00 A.M. Both parties' representatives, Mr. S. V. Acharior and Mr. K. V. Ayyar are present to-day. They say that the case may be disposed of in terms of the compromise. I accept their prayer. Let the complaint case be disposed of in terms of the compromise petition which was form ©art of this Award. Let this be submitted to the Government of India.

(Sd.) KAMLA SAHAI,

48#S rtti GAit&fbdf *NIWA i KEfcEMitaR JO, r<>67/kHjSA 9", fda? [PAUT i r-

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, DHANBAD.

In the matter ot a Complaint under section 33A of the Industrial Disputes Act,. 1947 being Complaint No- 12 of 1965/1146

PARTIES:

Hrishikesh Khawas—Complainant.

Vs.

Employers in relation to Muru'idih Colliery—Opp. Party.

The parties beg most respectfully submit as follows:—

' (P That the issues leading up to the present Application were discussed bet- ween the management and Hindustan Khan Mazdoor Sangh (hereinafter referred to as 'the Union') which acted as the Spokesman and representative of the Com- plainant, and the foUowing amicable settlement was reached: —

(a) An eje-gratia payment of Rs. 7001/- (Rupees Seven Hundred) would be paid by the management to the complainant in full and final satisfaction of all his claims arising from his dismissal from the service by the management's letter dt. 17th November, 1964.

(b) The said payment, together with any legal dues such Salary, Wages in lieu of leave. Bonus etc- due including full wages for the period 27-10-64 to 17-11-64 in terms of Conciliation Officer (C), I, Dhanbad, letter No. D.144/1 (305)/H4, dated 5-12-G4 will be made at the Central Office of the Colliery, in the presence of the- Union's representative, within 15 days of filing of this Compromise Petition,

(c) The management also will pay to the Complainant an ex-Qmtia amount,, equivalent to wages in respect of leave for year 1964 as though he had earned it. This payment will also be ma-do alongwith payments mentioned at (b) above.

(d) The management will give the fullest assistance to applicant to enable him withdraw all his accumulations in the Coal Mines Provident Fund.

(e) The Complaint under Section 33A hereby stands withdrawn, (2) Parties hereby pray that the: Hon'b'e Tribunal be pleased to prisf, an Award in terms of the foregoing amicable settlement.

For the Complainant

For the Opposite Party

Sd/- Sd/- (S. V. ACHARIOR)

(K. V, AYYAR), Genera¹ Secretary, Dy. Labour Advisor, Hindustan Khan Mazdoor Sangh, Murulidih Colliery, Dt. 10-11-67. Dt. 10-11-67. (Authorised Representative). (Authorised Representative). (Sd.) HRISIIIKESH KHAV/AS. [No. 2/2/28/61-LRII-L]

S.O. 4643—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, Dhanbad, in the matter of an application under section 33A of the said Act from Shri Ganesh Singh. Line Mazdoor, Madhuband Colliery C/o Hindustan Khan Mazdoor Sangh, Head Office Murulidih, Post Office Mohuda, Dis- trict Dhanbad, which was received by the Central'"Government on the 14th, December, 1967.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM LABOUR COURT AT DHANBAD. In the matter of a Complaint under section 33A of the Industrial Disputes Act,. 1947.

COMPLAINT NO. 2 OF 1965

(ARISING OUT OF REFERENCE NO. 25 OF 1962)

PARTIES :

Shri Ganesh Singh, Line Mazdoor, Madhuband Colliery, C/o Hindustan Khan Mazdoor Sangh, H.O. Murulidih, P.O. Mohuda Dist. Dhanbad —Complainant.

Vs.

Management of Madhuband Colliery, P.O. Nadkhurki, Dhanbad.

Opposite Party.

PRESENT :

Shri Kamla Sahai—Presiding Officer.

APPEARANCES :

For the Complainant.—Shri S. V. Acharior, General Secretary, Hindustan Khan Mazdoor Sanfih.

For t/ie Opposite Party.—Shri S, S. Kapoor, Advocate.

Si'ATE; Bihar.

INDUSTRY: Coai.

Dlianbad, dated the 20th November, 1967.

AWARD

Mr. S. S. Kapoor, Advocate is present on behalf of the opposite party, tfij:. S. V. Acharior is present on behalf of the Complainant. Mr. Acharior says, how- -ever, that he has thrice informed the complainant thai this complaint Is fixed J;or hearing today at 1100 A.M. but he has not turned up and it seems that he is no longer interested in this cane. When Mr, Acharior has personally informed the -complainant and he has not come, the conclusion is clear that he does not"wish 1o press the complaint. The complaint is accordingly dismissed as not press- ied. Let this be submitted to the Government.

(Sdj KAMLA SAHAI, Presiding Officer. [No. 2/228/G1-LRII-IL]

S.O. 4644.—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, Dhanbad, in the matter of an application under Section 3J3A of the said Act from Shri Sheo Nath Singh, Line Mistry Madhuband Colliery, C/o Hindustan Khan Mazdoor Sangh, Head Office Murulidih, Post Office Mohuda, District Dhanbad which was received by the Central -Government on the 14th December, 1967.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-GUM LABOUR COURT AT DHANJpiAp

V In the matter of a eomp'aint under section 33A of the Industrial Disputes Act. 1947. .

COMPLAINT NO. 1 op 1965

(ARISING OUT OF REFERENCE NO. 25 OF 1962)

PARTIES •

Shri Sheo Nath Singh, Line Mistry Madhuband Colliery, C/o Hindustan Khan Mazdoor Sanph, H,O. Murulidih, P.O. Mohuda, Dhanbad

•^^Complainant,

Vs. Management of Mabduband Colliery, P.O. Nadkhurki, Dhanbad.

—Opposite Party.

PKESESNT:

Shri Kamla Sahai Presiding Officer-

APPEARANCKS;

For the Complainant: Shri S. V. Acharior, Gl. Secretary, Hindustan Khan Mazdoor Sangb.

For the Opposite Party; Shri S. S. Kapoor, Advocate.

STA'4'E: Bihar.

INDUSTRY: Coal

Dhanbad, duted the 20th November, 1967

AWARD

Mr. S, S. Kapoor, Advocate, K present on behalf of the opposite party, Mr. S. V- Acharior is present on behalf nf the complainant, Mr Acharior says however, "that he has thrice informed the complainant that this complaint is fixed for hear- ing today at ] 1-00 A.M. hut the.y have not turned up and it seems that he is no

longer interested in this case. When Mr. Acharior has personally informed the complainant and he has not come, the conclusion is clear that he does not wish to press the complaint- The complaint is accordingly dismissed as not pressed. Let this be submitted to the Government.

(Sd.) KAMLA SAHAI, Presiding Officer. [No. 2/22&/61-LRII-III.]

New Delhi, the 21st December 1967

$•()• 4645.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of Shri G. C- Agarwala, Presiding Officer, Central Government Industrial Tribunal- Cwm-Labour Court, Jabalpur, Arbitrator in the dispute between the Birsinghpur Colliery, Johilla Coalflelds Birsinghpur. Shahdol District, Madhya Pradesh and. their workmen represented by Johilla Colliery Mazdoor Sangh, Birsinghpur-Pali which was received by the Central Government on the 18th December, 1967-

BEFORE THE ARBITRATOR, SRI G- C. AGARWALA, PRESIDING OFFICER, CENTRAL INDUSTRIAL TRIBUNAL-CUiVT-LABOUR COURT, JABALPUR (M.P.).

Dated December 4, 1967-

REF. ARBITRATION CASE NO. CGIT/LCCARB.)(1V67- (UNDER SECTION 10-A.I.D. ACT.¹).

PARTIES :

Employers in relation to Birsinghpur Colliery, JohiUa Coalflelds, Birsinghpur, District Shahdol, (M-P-).

Vs.

Their workmen represented by the Johilla Colliery Mazdoor Sangh, Birslnghpur-Pali, Shahdol District (Madhya Pradesh).

APPEARANCES;

For Employers—Sardar Harbane Singh. Office Superintendent of the Employers.

For Work-men—Sri G. C Jaiawal, General Secretary, Johilla Colliery Mazdoor Sangh, Btrslnghpur-Pali-

DISTHICT: Shahdol (M.P.)-

INDUSTRY ; Coal Mine-

AWARD

The parties to the dispute namely. Management of Johilla Coalfields, Birsingh- pur and the workmen represented by Johilla Colliery Mazdoor Sangh entered into an agreement under Sec- 10-A-I.D. Act whereunder they referred the following dispute to the arbitration of this Tribunal, the said agreement having been published In the Gazette of India dated 17th August, V1967:

Matter of Dispute.

(Sd) G- C. AOARWALA, Presiding Officer. 4-12-1067.

ANNEXURE

BEFORE SHRI G. C. AGARWALA, PRESIDING OFFICER, CENTRAL GOVERN- MENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ARBITRATOR (APPOINTED VIDE GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT ORDER NO. 5/35/67-LRH DATED 26TH AUGUST, 1967).

IN THE MATTER OP REFERENCE NO. CGIT/LC(Arbit) (l)/67.

BETWEEN

Messrs Johilia Coalfields (P) Ltd., Birsinghpur Colliery, P-O- Birsinghpur Pall, District Shahdol, (M- P-)

AND

Shri Mohanlal Shpohare, Oil Mazrtoor, Birsinghpur Colliery. Biralnghpur Pali, Distrjst Shahdol, (M.P.).

Prayer for passing an Award.

May it please the Hon'ble Arbitrator.

That the folJowing matter was referred to you for arbitration—

(1) Whether the management of Birsinghpur Colliery of Johllla Coalfields (P) Ltd., Birsinghpur Pali, District Shahdol, M-P. is justified In dismiss- ing Shrl Mohanlal Sheohare, Oil Mazdoor from service with effect from 6th ApriJ, 1966? If not, what relief the workman is entitled to.

(2) That both the parties were asked to file their respective statements in above regard by the Hon'ble Arbitrator by or before 23rd October, 1967- (3) That both the management and workman concerned in the dispute have now agreed to settle the dispute mutually on the terms mentioned below: — (i) That the workman accepts his dismissal from service with effect from 6th April, 1968 .

(ii) That the management will pay a lump sum of Rs 1500/- (Rs. one thousand five hundred only) to Shri Mohanlal Sheohare in full and final payment of all his claims and dues against the management- Cm) That the above payment will be made to the workman by the management within one month from the date of the settlement (iv) That the parties pray the Hon'ble Arbitrator to pass an Award accordingly.

(Sd-) K- C JAIN, Representing Workman- Representing Management- (Sri.) MoiiANr.AT, SIIEOIUHE, Workman concerned in the dispute. General Manager,

2, (Sd.) G. C. JAISWAL Johilia Coalfields (P) Ltd., General Secretary, Johllla Colliery Mazdoor Sangh Birsinghpur Colliery. Birslnfihpur Pali.

Verified before me.

(Sd.) G. C, AGARWALA,

4-12-1967.

Part of Award-

BiRsiNGHPUti PALI,

('Sd. I G. C, AGGARWALA,

Dated the 3rd December, 1967-

Presiding Officer.

4-12-1967.

[No. 5/35/67-LR'II.]

BALWANT SINGH, Under Secy.

iS02 THfc GAZP.ftt Ofr INDIA : flteCfeMBER 30, 19B7/FAUSA ". I860 fP*wr I I-

(Department of Labour & Employmcnt)

New Delhi, the 16th December 19fi7

S.O. 4646.—In pursuance of section 17 of the Industrial Dliputcs Act, 1947 (14 of 1!347), the Central Government hereby publishes the following award of the Industrial Tribunal, Punjab, Chandigarh, in trie industrial dispute between the employers in relation to the Quarries of Messrs Bhupendra Cement Works. Surai- pur and their workmen, which was received by the Central Government on the ,13th December, 1967.

BEFORE SHRI TSHWAR DAS PAWAR. PRESTDrNG OFFICER, INDUSTRIAL TRIBUNAL, PUNJAB, CHANDIGARH

REFERENCE NO. 1/C OF 1966

In The matter of Industrial Dispute

BETWEEN

The workmen and the management of M ' s, Bhuplndra Cement Works, Surajpur.

PRESENT :

Sarvshrl Jagjlt Singh Chuga and G. C. Joshi—for the workmen. Sarvshri I. M. Nafia-wati and G. L. Govil—for the management.

AWARD

The workmen and the management of M/s. Bhupendra Cement Works, Surajpur. served a charter of demands on their employer. As the parties could not resolve the dispute, the matter went into conciliation. Efforts at conciliation also failed, and therefore, the Central Government in exercise of the powers conferred by section 7-A and clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act. referred the following items to this Tribunal by their order dated 2nd March I960, for adjudication:—

1. Whether the following demands of the workmen of the quarries of Messrs Bhupendra Cement Works, Surajour arc justified:—

(i) Dust allowance be paid to drillers, crushers, ropewav and scraphaulcr operators, shovel and dumper operators;

(ii) Sick leave to dally rated workmen b>; allowed at par with the mon'hly rated workmen;

(Hi) Soap and oil be supplied to the wo^rrven of Diesel Section, Crusher Section. Quarry Section, Workshop and Ropeway Sections;

(iv) Present timings of arrivals and departures of buses, plying between Malla and Surajpur be changed;

(v) Grade and scale of pay of Chowkidars should be the same as those of watchmen;

(vi; The present designations of the following workmen be suitably changed-

S. No.

Name

Present designation

i

Mazdoor Helper Greaser M/c Attendant

2 3 4 5 f>

7

no. Helper Do.

s

0

10

II

12

13

Shri Han Chand . . .. ,, Mukanda . . .. „ Ujagar Singh . . .. „ Norata Ram . . .. „ Tulsi Ram . . .. „ Rama Nand . . .. ]< Kiru Ram . . .. „ Bali Ram „ Sita Ram „ Balk Ram . . .. „ Basant Singh . . .. „ Phagu Ram . . .. „ Mani Ram . . ..

Mazdoor Do. Do. Do. Helper. Mazdoor

P r e s e nt d e s i g n a t i on

S. No. Name

14 S h ri D h a r am S i n gh . . ..

F i t t e r. A s s t t. K l c c t r i c i an

Do.

A s s t t. W e l d e r.

15 16 17 18

Do.

19 20

H a m m e r m an A s s t t. F i t t e r.

2T

22

,s R am S i n gh . . .. „ D e ep R am . . .. ,, L ai S i n gh . . .. ,j M a n su . . . .. ,, P u nu . . . .. I, P a r ma N a nd . . .. ., S h a r da . . . .. . . .. ,, T u l si

D al B a h a d ur . . ..

23 24

2^ 2.6

Do. M a z d o o r. Do. Do. H a r b c n d er M / c. A t t e n d a nt M a z d o or A s s t t. C r u s h er A t t e n d a nt

27 28 29 30

Do. Do. Do. Do.

A s s t t. F i t t er M a z d o or

31 32 33 34

> 35

Do. Do. H e l p e r. M / c. A t t e n d a nt

Do. Do. Do.

T a l ly C h e c k er

„ M u r t oo . . .. ,, B a c h ha . . . .. „ G a n ga R "m . . .. „ K i r pa . . . .. ,, K h cm C h a nd . . .. „ B a n du R am , ,, R o n qi R am . . .. ,, D h a ni R am . . .. „ B a l d cv S i n gh . ,, fialak R am . . . .. ,, N o r a ta S i n gh . . .. . . .. „ B a lu R am „ T ej R am . . .. „ S u r t ia . . . .. ,, T a w a n oo R am . . .. B a l ki R am . . .. . . .. T u la R am „ B a r h ma N a nd . . .. „ S o h an L ai . . . .. „ B a h a d ur S i n gh . . ..

Do.

'C g r a de c l e rk M a z d o o r. P e o n. D r e s n er Do. Do.

36 37 38 39 40 4T 42 43 44 45 46 47 48 49 7°

„ B h a g w a ti L ai . . .. „ S- C. B a n e r j ee . . .. ,, K h i a li R am „ P a r ma N a nd . . .. „ R - a i t t t qi R am . . .. „ G w r b " c f a f ln S i n gh „ H a r n am S i n gh . . .. . . .. ,, P i ru R am

S w e e p er

R a g ho

„ S i te T i am . . . ..

53

Do. Issuer

II. If so, to what relief are the workmen entitled?

Usual notices were Issued to the parties and they appeared before the Tribunal

through their representatives and filed statements of their respective cases.

On an anpllcatlon made on behalf of the Bhupendra Cement Workers Union,

this union was also impleaded as a party-

In their statements of claim the workers have alleged, as jegards demand No. 1, that the place where the drillers, crushers, ropeway and scraphaulcr operators, shovel and dumper operators work is always contaminated with dust and dust fumes which cause ailments to the workers and consequently they have to bear extra expenses in connection with the diseases and recovery to normal health- To meet the additional financial burden the workmen demand dust allowance at at least 10''-,', of their total emoluments- On demand No- 2, it has been alleged that there is discrimination between the monthly re ted and daily rated workmen inasmuch as the former get 21 days sick leave per year while the latter get only 15 days such leave. Similarly with regard to Hem No. (ill) it has been stated that in the sections mentioned in this item, the respondent Company har been giving soap and oil to some workers but has denied the same concession to others working In the Earne sections. The names of the workers are given in annexure 'A' append- ed to the statement of claim. It has been prayed that all the workmen be treated nt par in this matter and the discrimination practiced by the manafiement be removed.

The timings of bus run between Malla r.n'd Surajpur are as follows:—•

Leave Surajpur Reach Malla Dep. Malla Reach Surajpur

II A.M. 12 A.M. 430 P.M. 5 30 P.M.

Special trips on Wednesday has the following timings :—

Leave Surajpur . . . • . . . 7'3° A'M- Reach Malla Leave Malla Reach Surajpur Leave Surajpur Reach Malla Leave Malla Reach Surajpur

8 • 3° A.M. 9-00 A.M. 1000 A.M. 2-00 P.M. 300 P.M. 430 P.M. 5' 3° P.M.

There is, however, no general trip on Wednesday. For the convenience of the workers who leave Malla earlier in the evening, it has been demanded that the bus which remains at Surajpur for the night at present should remain for the night at Malla and there should be two trips from. Malla and Surajpur as under:—

7'30 A.M. S-30 P.M.

Leave Malla Reach Surajpur Leave Surajpur . . . . . .. I'00 P.M. Reach Malla Leave Malla Reach Surajpur Leave Surajpur Reach Malla

200 P.M. 4'30 P.M. 5" 30 P-M. 6-00 P.M. 7' 00 P.M.

By the proposed change in the timings the workers expect to be benefited and this will also render the special trips on Wednesday unnecessary.

On item No- 4 it has been alleged that the Chowkidars and watchmen perform the same duties under similar conditions and their posts are also transferable and that, therefore, there is no justification lor paying different grades and scales of pay to the Chowkidars and watchmen

Lastly, it has been stated that the present designations of the workmen are WTong in so far as the same are not on rational basis in accordance with the work done by them. Change in designations has been demanded as in annexure 'Cr appended to the statement of clalm-

The management has in their written statement opposed all the demands of the workmen- It has been pleaded that there is no justification frr payment of dust allowance as dust is an inherent incidence of work in lime stone quarry and that when workers accept employment In such quarries, they are expected to put up with it without any extra remuneration. Besides this, in fixing the wage structure this element had duly been taken into account. It is further stated that if this demand is accepted it will cause a heavy burden on the Company and will also completely disturb the wage dlll'erential between the various categories of workmen. According to the management wherever possible, dust suppression equipment/devices are used and certain categories of workers are supplied respira- tors, cloth pieces, etc., to prevent inhalation of dust- It has further been averred that the available literature on the cement industry shows that there are no harm- ful effects of lime stone dust on the health of the workers.

With regard to the demand for sick leave it has been pleaded that there is no discrimination in the matter of sick leave as alleged by the workmen and that the distinction in this matter between the daily rated and monthly rated workers is historical and is almost universal in Industry. The monthly 'rated stall' com- prises the clerical, the technical and the supervisory staff, while the daily rated • ' workers are operatives-

The demand for the supply of soap and oil to the workers mentioned in Item No. 3 has been opposed on the ground that some workmen are getting this con- cession for historical reasons, that on merits there is absolutely no justification

fur it- For this reason it is claimed that there is no discrimination In the matter of supply of soap and oil-

As recards item No- 4 it has been stated that the point involved is not an industrial dispute besides the fact that the timing of arrivals and departure of bus between Malla and Surajpur are regulated In pursuance to the settlement dated 23rd January 1959 arrived at between the parties before the Conciliation Officer, and that therefore this point cannot be reagitated as the settlement has not been terminated by either party and is still inforce. The demands put in items 5 and 6 have also been resisted-

On the pleadings of the parties the following Issues were framed:—

1 Whether the drillers, crushers, ropewny and scraphauler operators, shovel and dumper operators arc entitled to any dust allowance? If so, to what amount?

2 Should the management allow sick leave to daily rated workmen on the same basis on which it is allowed to monthly rated workmen? 3. What Is the effect of Punjab Act No. XIV of 196s on the demand covered

by Item No l(il) of the reference?

4- Are the workmen of Diesel, Crusher, Quarry, Workshop and Ropeway

Sections entitled to Soap and Oil? If so. to what extent?,

5. Arc the workmen entitled to any change Icing made in the timings of arrivals and departures of buses plying between Malla and Surajpur? 6 Are the Chaukidars entitled to the same grades and scales as are appli- cable to the watchmen?

7. Should the present grades of the workmen mentioned In Item No I(vl) of the Reference entitled to the change of their designations?, 8- Was any settlement arrived at between the parties on 23rd January 1959 as per copy Annexure A to the written statement of the Management? If so, what is its elfect on the present cese?

I have heard the representatives of the parties and gone through the evidence brought on the record. Alter giving my careful thought to the arguments ad- vaned on behalf of the parties and the evidence I proceed to give my findings on the various issues.

Issue No. 1

Dust allowance is demanded on the ground that the places where the drillers, crushers- ropeway and scraphauler operators, shovel and dumper operators work is always contaminated with dust and dust fumes which cause ailments to the workers and consequently it entails extra expenses for the recouping of health and for efficient working. This demand Is resisted by the management on the ground that dust Is an inherent Incidence of work in a lime stone quarry and that when workers accept employment at such a place they are expected to put up with it without any extra remuneration, It has been added that wherever possible dust supression equipment/devices are used and that the Company has supplied to certain categories of workers respirators, cloth pieces etc., the use of which prevents the inhalation of dust by the workers. It has further been asserted that available literature in the Cement Industry shows that there are no harmful effects arising from the lime stone dust.

It may be stated at the very outset that there is no denying the fact that there Is a lot of dust where the drillers, crushers and the other concerned workmen work. We have, however, to see whether this dust is harmful and deleterious to health and causes occupational diseases. "We will first examine the oral evidence brought on the record on this point- So far as the workers are concerned, we have the solitary statement of Shri Jagjit Singh Chuga, Electrician, General Secretary. Malla Quarry Workers Union who was examined as AWL While making a general state- ment that the cement dust affects the health of the workers, he has quoted examples where the workmen suffered from tuberculosis and died of this disease- Accordine to him Maroo who was a bucket loader, Bijli Parshad, Mazdoor, and Kalu Ram of the quarry later on transferred to the watch and ward stall¹, suffered from tuberculosis and they died of the disease. He knew only of these three cases. On this pomt we have also the statement of the respondent's witness No. 4, Dr. B. K Hoy Medical Officer, Malla Quarry. He has been Medical Officer at the quarrtes since 1954 and In the service of the A-C.C. since 1941. According to his experience lime atone dust does not cause any occupational disease like

T.B., silicosis and asbestosis. His statement shows that Maroo bucket loader of the ropeway department suffered from epilepsy and not from TB. He made this statement on the basis of the medical record which he had brought with him. BijJi Parshad suffered from T.B. and died after retirement. Kalu R^m watchman also suffered from T.B. and he was sent to Surajpur hospital irom where he was sent to Dharampur Sanitorium where he oied while still in service. Another em- ployee Kandi mason also suffered from T.B-—-Meningitis but was cured and is still working with the respondent. This disease is not of the lungs but is of the brain. Except these! four cases there have been no other T.B. -cases at the Quarry. The witness deposed that none of these cases was due to lime stone dust because a few such cases could occur in normal conditions. Then we have the statement of another witness of the respondent. Shri S. N. Lalvl (Doctor) Medical Officer, Bhupindra Cement Works, Surajpur, RW2. This witness is M.B.B.S. from Bombay University and has taken special training in industrial hygienic at the All fndia Institute of Hygienic at Calcutta- He has 29 years experience as a Medical Officer in the cement industry and joined the A.C-C. in ltm. He has been Medical Officer of the Bhupindra Cement Works since 1961. Therefore, he claims some authority to speak on the subject. According to him sometimes cases of Malla quarry are referred to him and to his experience in the cement industry the lime stone dust does not cause any occupational disease. He claims not to have come across a single case where cement or lime stone dust might have caused siJicosls or ashes- tosis. Silicasis is caused by free-silica in dusc but free-silica is not present in lime stone dust. Asbestosis can occur if there are asbestosis fibres which are not present • in lime stone. Similarly it is in the statement of Shri S. S. Pendev. Quarry Manager, Malla Quarry RW1, that there are no fumes in the working of drillers, crushers and ropeway departments, scraphauler operators, shovel rnd -dumper operators. He has added that protective devices are supplied to the •workers.

This oral evidence is not sufficient to lead to a definite conclusion as to the --effects of the cement dust on the health of the workers, Moreover this evidence ctttnnot be said to be altogether independent, but we have also documentary expert evidence on the point.

Ex. RW2/1, Is a reprint from the article by B S. R. Murthy, M.B.B.S., Ex- Medioal Officer, the Associated Cement Companies Ltd., Kistna Cement Works, TadBpalli (Guntur District) which appeared in the April, 1952 issue of the Anti- ceptic- It deals with the subject of silicosis, anthracosis and predisposition to palmonary T.B- in cement Industry. In this article the author has given quota- tions from text books and journals to show that so far as the cement industry is concerned there are no occupational diseases, like, silicosis or palmonary T/B among She woriters. The quotations on which he has based his conclusions are from 'the text book practice of medicine, page 1191', and ⁴Bea.umount—Medicine essentials for practitioners and students, page 167', 'Cement and Lime Manu- facturer November, 1"48, page 126', 'the report on an enquiry into conditions of labour in the cement Industry in India by S- R- "Deshpandey, member Labour In- vestigation Committee, Government of .India', 'a report by the Federal service for public health in respect of large cement factory (1927-28)'. In conclusion it has been -stated that lime stone , and cement dust does not contain free silica which is dangerous but contains silicates which are not deleterious. Ex. -RW2/2, is an .extract from the Roentgen Re-survey of cement workers by C- A. Sander, M-D., Millwaukee of the United States. This article suggests that the flbrogentty of any lime stone is dependent solely on its quartz content and that calcium carbonate perse is an innocuous material and that pure lime stone with low silica content should cause no reaction. The author had u similar experience th^l a lime stone In which the quartz content varied from H",, to 5% in observing with periodic chest • films many hundreds of workers exposed to heavy concentrations of lime stone dust for the past 20 years not one case of silicosls had been fci nd which could be attributed to this dust- According to him many old silicotic granite cutters were rehabilitated by being shifted to lime stone cutting and with good results. Ex. RW2/3 is an extract from the 'Dust fumes and Mist in Industry' published by National Safety Council, Chicago, (U.S.A.). The gist oi the article is that lime stone, marble, lime gypsum and Portland cement dusts apparently have no serious effect even after many exposures- Similarly, Ex. RW2/4- t,n extract from 'Cement and lime Manufacture, Volume XIII, No. 6, June 1940 issue' Effeqt of Cement, Dust on Health, concludes that prolonged inhalation of cement • dust has no unfavourable influence upon susceptibility to tuberculosis infection or uoon its subsequent evolution'.

This_ evidence makes it clear that unless there is free-silica in lime stone it - cannot injuriously affect the health of the persons concerned. The representative

oJ! the workmen has drawn the attention of the Tribunal to RW3/I, which contains the results of the lime stone samples sent by the respondent Company to the E. & R. Research Laboratories Chandigarh. It shows that the lime stone sample container! silica insoluble and residue to the exteil of 0.2"-; and it is argued that this would cause occupational disease to the concerried workmen. As we have just now seen in Ex. RW2/2, the lirne stone with quartz content varying from .Tv to 5°,, does not cause any occupational disease. 0-2% Is not silica insoluble alone but it contains residue as well. The quantity of silica Insoluble is too small to be of any serious consequence.

The above discussion leads me to the conclusion that the cement dust does not cause any occupational disease to the workmen and that their health is not ad- versely affected- It might cause them some discomfort, but the evidence brought on the record does not prove that it has any deleterious effects on the health of the workers- Th? throe cr four cases of T.B. occurring among the workmen would not necessarily show that tut' disease was caused by the cement dust as such cases can occur in normal conditions also. Therefore, justification for the demand tor dust allowance is not made out. I accordingly hold that the workmen are not entitled to this allowance. This issue is decided against them-

Issue No- 2

It is common ground between ihe parties that monthly rated workmen Ret 21 'lays sick leave while the daily rated workmen get only 15 days such'leave. In my award dat^d 20th September 1966 In ,1 reference No.' 11 of 1966 relating to the dispute between the workmen and the management of the Bhuplndra Cement Works, Surajpur, I had held that the daily rated workmen were also entitled to 21 days sick leave as was allowed to the monthly rated workers. On a writ petition, however, this finding was set aside by the High Court and it was hold that the daily rated workmen were not entitled to sick leave more than what they were already getting. As the point has been decided by the High Couri,. no further discussion is required. It has, however, been urged on behalf of the workmen that as a Letters patent Appeal against the judgement of the single Judge is pending, the decision in the writ petition should not be taken to be final. It is true that the Judgement in the writ petition is subject to decision in the Letters patent Appeal, but so long as the decision stands it has to be followed. If in the Letters patent Appeal a different decision is given, the party adversely affected may have recourse to the remedy that may be available to it. Therefore, in view of the judgment in the writ petition I hold that the daily rated workmen are not entitled to 21 days sick leave on the same basis on which it is allowed to the monthly rated workmen. This issue is found against the workmen

Issue No. 3

In view of the finding on issue No- 2, this issue does not arise and no finding is, therefore, called for

Issue No. 4

It is common ground between the parties that while some of the workmen of the crusher, quarry, workshop and rope way sections are setting soap and oil and some of the workmen of the diesel section are getting soap, others are not netting the advantage of this concession. The workmen have based their demand on the ground of discrimination only and not on the ground of justification- The representative of the management has urged that the workmen are not entitled to this concession on the ground of discrimination as some of the workmen of these sections are given these articles as a matter of sheer compulsion under the recommendation of the Wage Board Report which had been accepted by the parties. In this connection attention of the Tribunal has been drawn to paragraph n.29.1 at page 78 of the report- It runs like this.

"No employee should be adversely affected by these recommendations in respect of total emoluments payable to him, for a full month's work- Ing, in the month immediately preceding that in which our recom- mendations take effect. By total emoluments, we mean basic wage/ salary, dearness allowance, house rent allowance or cash equivalent of free housing, if any, tree/concessional supply of grain or fuel, and any other cash allowance or cash payment. As the requirements of food and fuel have been fully covered in arriving at the need-based wage, such supplies of foodgrains and fuel can be withdrawn. How- ever, free or concessional supply Of gur or oil or uniforms being made

to certain employees as well as dust or neat or other similar job allowances being paid to certain employees should continue, and cannot be withdrawn by the employers without the concurrence of the wor- kers. All other' allowances would stand substituted by the compo- nents of the new total wage payable to the various categories of em- ployees covered by our recommendations".

It has been argued that under this provision of the report the concession of 'Oil and soap allowed to some of the workmen cannot be withdrawn. It may be noted that the report does not speak of soap though it makes a mention of oil which concession has to continue and cannot be withdrawn by the employers without the concurrence of the workers. The argument of the management's repre- sentative is rather fallacious and must be examined. Admittedly the supply of oil and soap to only some of the workmen of the said sections was being made for at least four years before the Wage Board Report. This was admitted on behalf of the management during the arguments. All that the Wage Board Report has done is that the discontinuance of the concession has been prohibited except With the concurrence of the workers- It has not created any discrimination between different groups of workmen. The discrimination was already in existence and has to continue in view of the report. The management, therefore, cannot take shelter behind the Wage Board Report to cover up the discrimination that has long been practised between the workmen. If this argument be accepted it will be putting the cart before the horse. If the Wage Board Report has made the already existing 'discrimination irreversible except with the concurrence of the workmen it would not become legal in so far as the other workmen who are denied this concession are concerned. I am, therefore, of the view that the workmen of the crusher quarry, workshop and ropeway sections who are not getting oil and soap are also entitled to this concession and the workmen of the diesel section are entitled to the supply of soap only and not of oil. This issue is decided accordingly-

Issue JVos. 0 nnd R

These two issues are inter-llnked and will, therefore, be discussed together.

The management has put on the record a settlement oated 23rd January 1959 Ex. Rl in respect of the charter of demands submitted by the Bhupindra Cement Workers Union, Surajpur, in respect of Malla quarry workers- It is slcned bv the representatives of the two parties including Shri Dalbir Singh who was then a member of the working committee, (Malla) Bhupindra Cement Workers Union • Suraipur, and who is now President of the Union uide. the statement of Shri Jaaii' Smuh Chuga, General Secretary of the Malla Quarry Workers Union who was examined as AWL The settlement has also been signed by Shri NiranjaTsinX Vice President of the Union, Shri Karon Bir, Branch Secretary of the Union ,nc) Shri Narang Singh, Office Secretary (Malla Branch) of the Union It is lmpor lant to note that this settlement was arrived at before the Labour Inspector (Cen- tral) and Conciliation Officer. Ambala, who has also signed it. The Yettlement has been proved by Shri S. S. Panaey, Quarry Manager Malla Quar" BW1 He has Identified the signatures of Shrt V. R. Dongrey the then Manager'ofthe Bhupindra Cement Works who put his signatures on the settlement on behalf of the employers. The witness claimed to be conversant with the signatures of Mi Dongrey as he hafl worked under him for four years at Chabasa Cemen' Work!

szizrz? zmss s r t K L I r K⁵ -^ns-as:

settlement. The demand of the workmen in regard to any change being made in the timings of the conveyance plying between Malla and Surajpur cannot be entertained so long as the settlement is in operation. These issues are decided as above.

Issue Nos- 6 and 7 have been settled between the parties and the settlement reached between them and duly signed by their representatives has been put on the record. It is Ex- Cl-

Issue No. 6

The following are the terms of the agreement in regard to the demand covered

by this issue;—

(al The parties agree that the eleven chowkidars, namely, Sarvashri Ram Labhya T. No 478, Gurdial Singh T- No. 450, Nauranjj Singh T- No. 457. Kiroo Ram T. No. 460, Tholoo T, No. 463, Sant Ram T. No. 464, Ajaib Singh T. No, 467. Jiwa Ram T- No. 468, Manohar Lai T- No. 471, Mansa Ram T. No. 472 and Schan Lai T. No. 475, who have already completed the training of watchmen, will be promoted as Watchmen in 'D' grade from 1st August 1967.

(ta) In respect of the three Chowkidars, viz.. Sarvashri Ghoni Singh T, No. 461, Punnu T, No. 470, and Sita Ram T. No. 476, who h&ve undergone the required training but have not been found upto the required standard, their work will be watched by the Company for a period of three months from the date of this appli- cation and their cases for promotion to watchmen will be considered on the expiry of the said period of three months.

(c) Shri Dev Ram. Chowkidar T. No. 477, who could not undergo training of watchman owing to his having met with an accident, will be given an opportunity for being trained as watchman at the Company's training centre at Mehgaon at the earliest opportunity and his case will be decided by the Company for promo- tion as watchman thereafter.

(d) The remaining two Chowkidara, namely, Sarvashri Puran Singh T. No, 46G and Dllla Ram T- No. 469, who are considered unfit for promotion as watchmen in 'D' Grade will continue as Chowkidars in 'K' Grade

Issue Wo. 7

The following are the terms of the s-ettlement in regard to this issue:—

Name

T. No. Present

Settlement

s.

Designation

Designation Demanded

No.

T Shri Hari Chand

TOO Mazditor Helper

The Company agrees that he shall be designated as helper in 'E' grade with effect from r-8-67.

2 Sh. Alukanda

ioi Helper

Greaser

The Company agrees to change his designation as Greasier in 'D* Grade with effect from 1-8-67 subject to his passing the trade test.

Sh. Ujagar Singh

72

3

He is already promoted as Machinery Attendant in 'D' Grade from w - 6 6.

Sh, Xaurata Ram .

97 Machy. atrdt.

4

Machy, airJt. & Asstt, Fitter.

The unions agree not to press their claim in respect of this worker.

Sh, TulsiRam

5

98 Machy. attdt.

Do. The unions agree not to press their claim in rCBpect of this workman.

T. No.

Settlement Name

SI. No.

Present

Designation

Designation Demanded.

6

Si

Sh. Rami Nand

Helper

Issuer

The unions agree not to press their claim in respect of this workman.

Do.

Electrician

Sh. Kiroo Rim

334

7

It is agreed that he will be promoted to 'C grade as Wircman wich effect from 1-8-67 subject to his passing the trade tent and will be fitted at the appro- priate pay step.

103 Mazdoor

Peon

8 Sh. Bali Ram

The unions agree not to press their claim in respect of this work- man.

1 12

It is agreed to promot Sh. Sim Ram

Mazdoor

Greaser

9

him as Greaser in ' D' grade with effect from if 1-8-67 subject to his passing his trade test.

10 Sh. Raluk Rum

Mazdoor

Helper

i i5

The Company agrees to designate him as Helper in 'E' Grade from 1-8-67.

II

119

It is agreed to promote Sli. Hasjm Singh

Do. Greaser & cleaner

him as Greaser in ' D' grade vvilh effect from i-w-67 subject to his passing the trade test.

12 Sh. Jiij'j •' .l.-iiu

Helper

Fitter

He was designated as Asstt. Fitter from i-i-67. It is agreed that he will be promoted to 'C grade as Fitter from T-R-67 subject ti> ^ his passing the trade test and will be fitted ac the appropriate pay step.

I [6

' 13

Mazdoor

Asstt. Khalasi The unions agree not to Sh. Mam Ram

press their claim in respect of this work- man.

2

Mechanic 'A'

Sh. Dharam Singh .

14

Fitter 'A' grade.

grade.

U is agreed to designat, him as Mechanic 'A grade.

327

Electrician. It is agreed to promote Sh, Ram Singh

15

->

Asstt. Electri-

cian in 'D'

grade

him as Electrician in *C grade from 1-8-67 subject to his passing the trade test and will be fitted at the appro- priate pay step.

Sh. Dip Ram

16

323

He is already promoted as Electrician in 'C* grade with effect from. 1-T-67,

Settlement Name T. No.

s.

Designation Demanded

Present

Designation

No.

346

Sh. Lai Singh

Asstt. Welder

Welder in 'C

17

grade.

It is agreed to promote him as welder in 'C ip-ade from 1-8-67 sub- ject to his passing the trade test and will be fitted at the appropriate pay step.

18 Sh. Mansu

—

—

345

He has already been pro- moted as Welder in 'C* grade from 1-1-67.

^Sh. Punnu

Hammerman

Blacksmith

348

i9

The Unions agree not to press their claim in res- pect of this workman.

20 Sh. Parma Nand

—

—

341

He is already promoted as fitter in 'C' grade with effect from 1-1-67.

21 Sh. Sardhu

Asstt. Fitter.

349

Fitter 'G¹ grade.

The Unions agree not to press their claim, at he has not reached th" ceiling of his present grade.

Helper

22

Mazdoor

Sh. Tulsi

33i

The Company agrees to designate him as Helper in 'E' grade with effect from 1-8-67.

Do.

Do.

Sh. D. Bahadur

23

329

The Company agrees to designate him as Helper in 'E' grade with effect from 1-8-67.

Do.]

Do.

Sh. Moortu .

329

24

The Company agrees to designate him as helper in ' b' grade with effect from 1-8-67.

362 Bar Bender Fitter

Sh. Bachna

His case will be consi- dered for promotion as Fitter in 'C grada from 1-1-69 subject to his passing the trade test. He will be designated M Assistant Fitter from 1-8-67 and will continue to draw hit present wages.

410

Sh. Ganga Ram

26

Machinery attdt.

Machinery attdt. cum- Fittcr.

It is agreed to redesig- nate Shri Ganga Ram as Flour Mill Attendant with effect from 1-8-67. Ha will continue to be in 'D' grade as at present.

Helper

Mazdoor

Sh, Kirpa

27

4"

It is agreed to rcde- signate Shri ^ " J? as Helper in 'E' grade from 1-8-67.

Name

Settlement

T .No.

Present

Designation

Designation Demanded

SI. No.

T46

"Sh. Khem Chand

Assistant

Crusher

Attendant

He has already resigned from the Company's service.

144

29

Do.

Sh. Bandu Ram

Crusher attendant in 'C Grade

It is agreed to promote him aB Crusher At- tendant in 'C grade with effect from 1-8-67 subject to his passing the trade test and will be fitted at the appro- priate pay step.

Do.

30

Crusher

Sh. Ronqi Ram

147

Attendant.

It is agreed to promote him as Crusher At- tendant in 'C grade with effect lrom T-H-67 subject to his passing I he trade test, and he will be fitted at the appropriate pay step.

31 Sh. Dhani Ram

145

He is already promoted as Crusher Atten- dant in 'C grade with effect from 1-1-67

T48

Crusher

Baldcv Singh

32

Attendant

Assistant

Crusher

Attendant

The unions agree not to press their claim in res- pect of this workman.

Fitter

Sh. Balak Ram

137

33

C. Grade

Assistant Fitter

It is agreed to promote him as Fitter in 'C grade from 1-8-67 subject to his passing the trade test and will be fitted at the appro- priate pay step in

C ' grade.

Helper

171 Mazdoor

Naurata Singh

34

It is agreed to designate him as Helper in 'E' grade with effect from 1-8-67.

172 Mazdoor Helper

Sh. Balu Ram

35

It is agreed to designat e him as Helper in 'E' grade with effect from 1-8-67.

Machinery The unions agree not Sh. Tcja Ram

36

••

Attendant to press their claim.

Helper

Pipe Fitter

Sh. Surtia

35t

37

The Unions agree not to press their claim in respect of this workman.

2

I

6

5

3

4

T.No. 197

Sh. Sawnoo

Scrap hauler

38

Machny. attdt.

operator

Do.

Sh. Balaki Ram T.No. 196

Do. I

39

40 Sh. Tulla Ram T.No. 198 Do.

Do.1

                                                                    It is  agreed that  one  work-
                                                                    fman    out  of  these  four
                                                                     ( workmen,    who  is  the
                                                                     [ senior most,  will     be
                                                                     f promoted     as   Scrap-
                                                                     |  hauler     Operator   in
                                                                     f  'C     grade       from
                                                                    {  1-8-67   and   willl   be
                                                                     |  fitted  at  the   appro-
                                                                       priate  pay  step  in  '  C  '
41   Sh.  Brahma        T.No.  195      Do.             Do.            grade,  subject  to   his
          Nand                                                        passing   the   trade  test.
                                                                      If    the     senior  most
                                                                      workman     does       not
                                                                      pass   the  trade     test,
                                                                     then    the  next    person
                                                                        in   seniority  will  be
                                                                       considered.   It  is  fur-
                                                                        ther    agreed  that  the
                                                                       one     workman       out
                                                                       of       these       four
                                                                       Machy.        Attendants
                                                                        who  is   promoted    as
                                                                       Scramphauler        Ope-
                                                                        rator,  will    continue
                                                                        to  perform  his  present
                                                                        duties      of   Machy.
                                                                        Attendant  as        and
                                                                        when  required.
42   Sh.  Sohan  Lai                       ••                        He    has  already     been
                                                                        promoted     as  a Clerk
                                                                        in    'C    grade   with
                                                                        effect   from     1-1-66.

Sh. Bahadur Singh

Tally died

cer Clerk' C

43

grade.

It is agreed to promote him as *C grade clerk from 1-8-67 and fit him at the appropriate pay step of his grade.

Sh. Bhagwati Lai

Do,

Do.

44

Since he has been transferred to Lakheri works, the unions agree not to press their claim in respect of this workman.

Sh. S, C. Bannsrjee

45

Magazine

Clerk 'C grade.

Inchargc

It is agreed that his present designation of 'C grade clerk will continue. How- ever, against his designation, the following words in the bracket will be added :—

"Magazine Incharge"

[ 2

6

3

4

5

Sh. Khiali Ram T.No. 388

46

Mazdoor Issuer

It is agreed to promote him as Issuer in 'D' grade with effect from 1-8-67. He will be fitted at the appropriate pay- step in

Sh. Parma Nand T.No. 404

47

He is already designated as Chaprasi and there- fore the Unions do not press their claim.

48 Sh. Ronqi Ram

Dresser

T.No. 415

Compounder

Sh. Gurbachan Singh

Do.

Da.

49

50 Sh. Hamam Singh

Do.

T.No. 417

Do.

TSh. Gurbachan Singh 1 has expired. It is 1 agreed that out of the 1 remaining two dres- | sers, namely Harnam Singh and Ronqi Rani, one will be pro- moted as Com- pounder provided he holds the necessary Certificate to work as- Compounder, The decision as to who should be promoted will be taken by the •{ Management in consul- tation with the Gen. Secretary Malla Quarry 'workers Union. The promotion will be made effective- from 1-8-67 and the Workman concerned will be fitted in the grade of Compounder at the appropriate pay

I step.

Sweeper

Dresser

Sh. Biroo Ram T.No. 421

51

The Unions agree not to press their claim ia respect of this work- man.

Do.

Do.

T.No. 422

Sh. Raghu

52

The Union agree not to press their claims in respect of this workman.

ssuer

Tally Checker

Sh. Sita Ram ' F.No. 387 1

53

It is agreed that Shri Sita Ram will continue to hold the designations of Issuer. He will, however, be placed in the monetary grade of Rs. 60—4—80— EB/4—100 and will be fitted at the appro- priate pay step in this, grade with effect from 1-8-67-

, All the Mazdoors who are to be designated as Helpers in terms of the Agree- ment will continue to perform the same duties as at present performed Try them-

Such of the Helpers who will be designated as Greaser will continue to per- form the same duties as at present performed by them.

Both the Unions are satisfied that all the workmen of the Quarry are correctly designated and classified into various monetary grades in force at the quarries.

In the result I make an award in terms of the findings given on the above issues and the terms of the settlement set out above.

There shall be no order as to costs.

27-11-1967.

IRHWAR DAS PAWAH, Presiding Officer, Industrial Tribunal, Punjab, Chandigarh. [No. 36/37/G5-LRL] S.O. 4647—In pursuance of section 17 of the Industrial Disputes Act 1947 (14 of 1947), the Centrar Government hereby publishes the following award of the Indus- trial Tribunal, Calcutta, in the Industrial Dispute between the employers In rela- tion to Calcutta Licensed Measurers, Calcutta, and their workmen, which was received by the Central Government on December 6, 19(37.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO- 56 OF 1967

PARTIES :

Employers in relation to the Calcutta Licensed Measurers, Calcutta,

ANQ

Their workmen. ,

PRESENT:

Shri S. K- Sen—Presiding Officer.

APPEARANCES :

On behalf of Employers—Shii K. K. Mitra, Secretary, Calcutta Licensed Measurers-

On behalf of Workmen—Absent-

STATE: West Bengal.

INDUSTRY: Port & Dock.

AWARD

By Order No 38(50)-67-LRIIl dated 5th July, 1067, the Central Government referred for adjudication an industrial dispute between the employers in relation to the Calcutta Licensed Measurers, Calcutta, and their workmen arising from the demand of the Reserve Workers of :hc Calcutta Licensed Measurers for Irpinff made permanent.

m L"

2. On behalf of the Calcutta Licensed Measurers, the Secretary, Shri K K Mitra has appeared and stated that shortly after the submission of the failure report by the A.L.C Central, Calcutta but before the order of reference was made the mat. ter was settled amicably in the presence of the R.L.C, Central Calcutta HeTas proaucea a memorandum of settlement signed in the presence of the RL-C Central Calcutta, on Oth June, 1967 between the representatives of the employers" and the workmen represented by the two unions, namely, the National UiSon of Watpr front Workers and the Calcutta Port and Dock Workers Union By the t eS 5

i'sr. saws? sia?s S ^ K ?^ israiS thereto-,, that on OK date when the reference was ma™ S e lf S i, no dlsp".

concerning the demand of the Reserve Workers of the Calcutta Licensed Measu- rers for being made permanent.

3, I therefore make this award on the footing that there Is no dispute now in existence between the Calcutta Licensed Measurers and their workmen concerning the claim of the Reserve Workers to be made permanent.

Sd./ S- K. SEN,

Presiding Officer.

[No. 28(50)/67-LRIIL] 1-12-67

S.O. 4648-—In pursuance of section 17 of Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Bombay, In the Industrial Dispute between the employers In relation to Messrs. Everett Steamship Corporation, Bombay and 13 others and their workmen which was received by the Central Government on 5th December, 1967.

BEFQKE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL BOMBAY.

REFERENCE NO. CGIT-12 OF 1968

PARTIES:

Employers in relation to:— (1) Everett Steamship Corporation, Bombay, (2) Malabar Steamship Company Ltd-, Bombay. (3) Macklnnon Mackenzie & Co- Private Ltd., Bombay. (4) National Steamship Company Ltd., Bombay. (5) Merchant Steam Navigation Company, Bombay. (6) Sclndia Steam Navigation Company Ltd., Bombay. (7) Forbes Forbes Campbell & Company Ltd-, Bombay. (8) Killick Nixon & Co- Ltd., Bombay. (9) Ambica Steam Navigation Company Ltd., Bombay.

(10) New Dholera Steamship Company, Bombay, (11) South East Asia Shipping Co. Ltd., Bombay. (12) Bombay Steam Navigation Company Ltd., Bombay. (13 Anchor Line Limited, Bombay. (14) Great Eastern Shipping Co. Ltd-, Bombay.

AND

their workmen represented by the Transport and Dock Workers' Union, Bombay.

PRESENT:

Shri A. T. Zambre—Presiding Officer.

APPEARANCES : For employer No. 1: Shri I. G. Barbour, Manager. For employers 3, 6 and 12: Shri S- S. Chmiwalla, Advocate. For employer No. 7: Shri M- D. Namjoshi, Labour Officer. For employer No. 8; Shri F. L. Berarwalla, Chartered Accountant. For employer No. 13: Shri s. G. Nayak. Shri H. K. Sowani, Advocate. For the workmen: STATE: Maharashtra. INDUSTRY:Sniping.

Bombay dated 21th November 1967

AWARD PART II

'", i"¹⁶ P⁰^ ™ ^ , ^ / / " ? !? ln t he M I n I s t ry oi Labour and employment by their order No. 28/101/65-LR-IV dated 14th March 1966 have referred to this

Tribunal an industrial dispute between the 14 employers listed above and their workmen in respect of the subject matter specified In the following schedule:—< "Whether the employers listed herein are justified in not implementing the interim recommendations pf the Wage Board for Port and Dock Wor- kers as published vide Government of India, Ministry ot Labour and Employment Resolution No. WB 21(13)/65 dated the 27th April, 1965 in respect of their employees at Bombay? If not, to what relief are the employees entitled to and from which date?"

2. My learned predecessor, Shri Salim M. Merchant, has by his Award Part I dated 26-8-1967 disposed of the reference In respect of the six employers viz-, serial No- (2) Malabar Steamship Co., (4) National Steamship Co- Ltd., (5) Mer- chant Steam Navigation Company, (10) New Dholera Steamship Company, (11) South East Asia Shipping Company Ltd., and (14) Great Eastern Shipping Com- pany Ltd-, Bombay, and I have heard the dispute between the remaining em- ployers and their workmen.

3- The dispute pertains to the Implementation of the interim recommendations made by the Central Wage Board for Port and Dock Workers and out of the re- maining employers six have almost settled their dispute with the workmen. Shri Barbour, Manager of serial No- 1 Everett Steamship Corporation, Bombay, sub- mitted on 15th November 1967 that the company has settled the dispute with its workmon. Shri H- K- Sowani who appeared for the union has admitted that they have concluded an agreement with the employer No- 1 and the workmen have no dispute with them and the reference In respect of them shall be treated as dlspo&ed of.

4- The grievances of the workmen under the employ of serial No. 3 Machinnon Mackenzie & Co- Ltd., serial No- 6 Sciridia Steam Navigation Company Ltd-, and serial No. 12 Bombay Steam Navigation Co. Ltd-, have also been substantially redressed by agreements. Shri Sowani, learned Counsel for the Union has ad- mitted that Messrs. Machinnon Malckenzie & Co. Ltd., have by their agreement with the Transport and Dock Workers' Union dated 30th April 1066 agreed to pay dcarness allowance in accordance with the recommendations of the Central Wage Board for Port and Dock Workers and submitted that he did not want to press the demands against the company- The memorandum of settlement has been produced as annexure 'B' to the affidavit filed on behalf of the company in which item 5 pertains to deartiess allowance.

5- Similarly, serial No. 6 Messrs- Scindia Steam Navigation Co. Ltd-, and serial No- 12 Messrs. Bombay Steam Navigation Co. Ltd., have also entered into settle- ments with their workmen. They have also produced reply affidavits and the copy of the agreement. The document shows that the two companies have entered into agreements with their work/nen represented by the Scindia Employees' Union on 12th November 1966. Shri Sowani, learned Counsel for the union has sub- mitted that for the purpose of the dispute In question the Transport and Dock Workers' Union recognises the agreement arrived at between the two companies and the Scindia Employees' Union on behalf of the employees of the two companies and the Transport and Dock Workers' Union did not want to press the demand in this reference as the same has been substantially conceded. Consequently the demands against these two companies also do not survive-

6. As regards employer No 7—Messrs, Forbes Forbes Campbell & Co- Ltd., they have contended by their written statement that the company has no work- men in its employment who can be brought within the purview of the definition of dock workers as defined by the Wage Board and the question about the imple- mentation of the recommendations of the Wage Board so far as this company was concerned does not arise, Shri Sowani, learned Counsel for the union has con- ceded that the statement made by the company was correct and he did not want to press the claim against it. He has however submitted that there are dock supervisors but as their wages are above Rs. 500/- and as their work was of a suprevlsory nature he did not want to press the demand against this company. Consequently It must be held that the demand against this company in the present reference does not survive.

7. As regards the employer serial No B, Messrs. Killick Nixon & Co- Ltd., they have by their written statement stated that their employees were represented by the Bombay Labour Union and their demands in respect of wage scales, dear- ness allowance etc., were referred under section 10(2) of the Industrial Disputes Act and the said Reference was pending before the Industrial Tribunal, Maharash- tra, being Ref. No IT-149/66. Shri Sowani learned Counsel for the union has also admitted about this pending reference and snbmitted that as the claim of the dock supervisors was also included in that reference and there was no other category of employees concerned he did not want to press the present reference

against Messrs- Killick Nbcon & Co- Ltd. Under the circumstances the reference against this employer will also be treated as disposed of.

8- As regards the reference against serial No. 9 Messrs. Ambica Steam Naviga- tion Co. Ltd-, and No. 13 Messrs. Anchor Line Limited-, the first company has lllcd a written statement contending that it has scrapped its only ship 'ASHA' and has closed its dock section with effect from 27th March 1967 and terminated the services of all the employees in that section and their name should be dropped from the reference- Messrs. Anchor Line Limited, have not filed any written statement and Shri Nayak who appeared for this company on 15th November 1967 and 16th November 1967 has submitted that the company has closed its business with eilect from 30th September 1966 but they would abide by the decision of this Tribunal in the present reference.

9. Both these employers have not seriously disputed the claim of the workmen regarding the interim relief granted by the Central Wage Board- Messrs- Ambica Steam Navigation Co. Ltd., has in their written statement dated 10th May 1967 stated that they adopted the statement filed by Messrs. Mackinnon Mackenzie & Co. Ltd. I have already referred to the settlement arrived at between the em- ployers Messrs. Mackinnon Mackenzie & Co. Ltd-, and their workmen and the company has agreed to pay dearness allowance in accordance with the recommen- dations of the Port and Dock Wage Board. The Government of India, Ministry of Labour and Employment by their Resolution No. WB-21(4)/fl4 dated 13th November 1964 constituted a Central Wage Board for the Port and Dock workers at the major ports. In the middle of April 1965 the Board made unanimous recom- mendations with regard to the Interim relief to be paid to the Port and Dock Workers- These recommendations were accepted by Government by their Resolu- tion No. WB-21(13)/65 dated 27th April 1965 and requested the concerned employers to implement the recommendations.

10. Though almost all the employers have settled the dispute many of them had raised technical objections In their written statements. They have mainly contended that the Wage Board has failed to determine the categories of workers which was their first term of reference that no notices were issued to the parties before determining the Interim relief and the recommendations were not binding on the companies. It Is clear from the appendix to the Government Resolution dated 27th April 1965 that the recommendations of the Board apply to all the categories of the employees. They may not have thought it necessary at that stage to determine the categories of employees and I do not find any substance In the alleged grievance- It is clear from the recommendations of the Board that the interim relief Is to be shown as a separate item till the final recommendations come into effect. It Is merely an ad hoc relief and the employers will not be justified in not implementing the recommendations on the plea raised by them- The very fact that almost all the employers have settled the dispute about the implementation of the recommendations shows that the workmen were entitled to the relief granted under the interim recommendations.

11. The Board has recommended that the categories of employees who were not being paid dearness allowance at Government rates should be paid dearness allowance from the 1st October 1964 at rates given by them in paragraph III (A) of the Resolution. They also recommended interim relief of Rs. 7*80 per month to all the employees with effect from 1st February 1965 and the workmen of the two companies viz.. serial Nos. fl¹ and 13 will be entitled to the relief as per the recommendations of the Wage Board with effect from 1st October 1964 and 1st February 1965-

12. I have already observed that both the concerns have stopped their business and the workmen In their employ will be entitled to the relief till the date the business Is closed. The Ambica Steam Navigation Co., has closed the dock busi- ness on 27th March 1967 and their workmen will be entitled to claim the reliefs from the dates mentioned in the Resolution till 27th March 1967- Those in the employ of Messrs. Anchor Line Ltd., will be entitled to the interim relief from the dates mentioned in the Resolution till 30th September 1966 on which date the TOmpany stopped the business.

No order as to costs.

A- T. ZAMBRE, Presiding Officer, Central Government Industrial Tribunal, Bombay- [No- 28/101/65-LRIV.1

New Delhi, the 18th December 1967

S.O. 4648—In pursuance of section 17 of the Industrial Disputes Act, 1047 (14 of 1947), the Central Government hereby publishes the following award of Shri A, N. Boy, Arbitrator in the dispute between the management of Khetri Copper Project of National Mineral Development Corporation Limited, Post Office Khetri, District Jhunjhunu (Rajasthan) and their workmen represented by Rashtriya Khetri Tamba Project Mazdoor Sangh which was received by the Central Govern^ ment on the 15th December, 1967.

BEFORE THE REGIONAL LABOUR COMMISSIONER (CENTRAL), AJMER— ARBITRATOR

In the matter of an industrial dispute for arbitration under Section IDA of the Industrial Disputes Act, 1047 (14 of 1947).

Name of the Parties

Representing Employer:--

Sri A. C. Anand, D.C.S./Admn. Officer, Khetri Copper Project of M/i.

N.D.M.C. Ltd-, Khetri, Distt. Jhunjhunu.

Representing workmen: —

(1) Sri R- P. Pandey, Secretary, Rashtriya Khetri Tamba Project Mazdoor

Sangh, Khetri.

(2) Sri G. C. Bhargawa, Vice President, R.K.T.P.M. Sangh, Khetri. (3) Shri R, B. Dwivedi, Member, R.K.T.P. Mazdoor Sangh, Khetri.

INDUSTRY: Copper

STATE: Rajasthan,

Dated 9th December, 1967

AWARD

In pursuance of Sub-Section (3) of Section 10A of the Industrial Dispute Act, 1947 the Government of India, Ministry of Labour, Employment and Rehabilitation (Deptt. of Labour and Employment) New Delhi by their notification No. 52/15/60- LRI dated 20th May 1967 published in the Gazette of India Part-II Section 3(ii) notified the arbitration agreement dated 17th April 1067 between the Parties men- tioned above and their workmen represented by the Rashtriya Khetri Tamba Pro- ject Mazdoor Sangh under which Shri A. N. Roy, Regional Labour Commissioner (Central), Ajmer was appointed as Arbitrator in respect of the following dispute: — "Whether the following employees employed in the Khetri Copper Project of National Mineral Development Corporation Limited, are workmen as denned in Section 2(s) of the Industrial Disputes Act. 1947.

Civil Wing:

1. Shri P. V. Rao

Foreman Civil

2. „ M. L.Thakar

Section Officer

„ K, R, Puria

3-

Sr. Scientific Asstt.

„ R. S. Mertia

4-

Horticulture Officer

„ P. N. S. Mchrotra . . ..

5-

Sr. Surveyor

6. „ P. D. Gokhalc

Engineering Asstt. (Civil)

>, R. L. Taneja . . . ..

7-

8. „ S. C. Gupta

JJ

" "

„ B. K. Sethi

9.

" l>

i;

10. „ M. G. Singh

JI

" "l

1 1. „ Lalji Kappor

'1 >i

',

1 2. " A. B. Mathur

Mechanical Wing:

13. Shri A. Channaiah

Foreman (Mechanical)

Mining Wing'-

14. Shri Bal Bahadur

15. „ B. D. Gupta

16. „ M. P. Singh Yadav . . ..

Foreman (Mining)

33 33

33 ?3

Prospecting Wing:

17. S h ri M. L. K a r a w al

18. ,, G u r m cj S i n gh

19 ,, K i s h o ri L ai

2 0. „ M. P al

2 1. „ S. K. S i n ha

2 2. „ P. P. K a la

2 3. „ H. N. C h a t u r v e di . . ..

2 4. „ M a s o od A h m ed . . . ..

2 5. ,j S h a m im I s h aq . . . ..

Sr. Surveyor (Topo)

31 3J

Sr, Technical Asstt.

33 J3

" 33

33 35

"3 3i

Administration Wing:

2 6. S h ri D. R. B h a g w a t. . . ..

3 7. „ D. C. M e h ta

P. S. to G. M.

S cction Officer

Finance and Accounts Wing:

2 8. S h ri M. B. K u l k a r a ni . . ..

Stores Wing :

29. Shri I. J. S. Katari

Sr. Accountant

Asstt. Store Officer

Purchase Wing:

30. Shri C. D. Sharma

Asstt. Purchase Officer."

In response to the notice issued to the Parties, the management filed their written statement on 15th June 1967 and the union on 6th July 1967. The arbi- tration Proceedings were held on 25th July 1967 at Ajmer and 17th November 1967 at Khetri. In the course of hearing on 17th November 1967, the Parties submitted that the dispute had been settled amicably by them by mutual dis- cussions and accordingly prayed that the arbitration award may be given in terms of the said settlement. The relevant portion of the mutual settlement bet- ween the parties is reproduced below: —

"This was discussed today, the 1st October, 1967 in a joint meeting held in the office of the National Mineral Development Corporation Limited 61-Ring Road, New Delhi and the following was thereafter agreed by both the parties: —

(i) Employees whose maximum of pay scale does not exceed Rs- 475/- per month should be treated as workmen and employees whose pay scale exceeds Rs. 475/- pet month are to be treated as non-work- men.

,

Exception was however made in respect of the following dispute and categories in view of the nature of work and the employees are to be treated as workinen;—•

1. Senior Scientific Asstt (Civil). 2. Senior Surveyor (Civil). 3. Senior Surveyors (Topo), 4. Foremen (Mechanical). 5. Foremen (Mining). 6. Private Secretary to the General Manager, 7. Senior Technical Assistants-"

I am satisfied that the aforesaid terms of settlement of the dispute in the facts and circumstances of the case will fair and reasonable. I make an award in terms of the above mentioned compromise settlement, which is annexed as Annexure 'A'.

A. N. ROY,

Regional Labour Commissioner (C), Ajmer.

(ARBITRATOR).

ANNEXUHE A

FORM H

(See Rule 58)

Form for Memorandum of Settlement

1. Name of the Parties:

(0 Representing Employer:

1. Shri R. K. Khanna, Senior Administrative Officer, Na- tional Mineral Development Corporation Limited, N. I. T. Faridabad.

2. Sri S. C. Anand, Admini- strative Officer, Khetri Co- pper Project, NDMC Ltd., P. O. Khetri Copper Project, Distt. Jhunjhunu (Rajastban)

3. Sri S. J. Berry, Labour Wel- fare Officer, Khetri Copper Project, National Mineral Development Corpn., Ltd., P. O. Khetri Copper, Project, Dint. Jhunjhunu (Raj).

(it) Representing Workers:

1. Sri G. C, Bhargava, Vice President, Rashtriya Khetri Tamba Project Majdoor Sangh, P. O. Khetri, Distt. Jhunjhunu (Rajasthan).

2. Sri S. C. Gupta, Secretary, Rashtriya Khetri Tamba Project Mazdoor Sangh, P. 0. Khctri, Dist. Jhunjhunu (Rajasthan).

2. Short recital of the Case;

Whether the following emplo- yees employed in Khetri Co- pper Projec: of National Min- eral Development Corpora- tion Limited, are workmen as defined under section 2(s) of the Industrial disputes Act, 1947-

S. No. Name

Designation

Pay Scale

Civil Wing:

Rs.

Foreman (Civil) Section Officer ST. Scientific Asstt. Horticulture Officer Sr. Surveyor

Engg. Asstt. (Civil)

i, Shri P. V. Rao 2. Shri M. L. Thakar 3. Shri K. R. Puria 4. Shri R. S. Mertia 5. Shri P. N. Mehrotra 6. Shri P. D. Gokhnlc . . .. 7. Shri R. L. Taneja 8. Shri S. C. Gupta . 9. Shri B. K. Sethi 10. Shri M. G. Singh 11. Shri Lalji Kapoor . . . .. 12. Shri A. B. Mathur

33 31

350-25-575 325-575 335-57J 325-575 325-575 335-475 325-475 325-475 325-475 325-475 325-475 325-475

Mechanical Wing:

1 3. S h ri A. C h i n n a i ah . . . ..

Foreman (Mech)

35O-575

Mining Wing:

Foreman (Mining¹)

1 4. S h ri B al B a h a d ur 1 5. S h r i B. D. G u p ta

3J 53

1 6. S h ri M. P. S i n ^h Y a d av . . ..

350-525 350-525 350-525

Prospecting:

Sr. Surveyor(Topo)

.

Sr. Tech. Asatt.

ji

. ..

17, Shri M. L. Karnwal . . • - 18. Shri Gutmej Sinjh . . . - 19. Shri Kishori Singh 3 0. S h ri M. P al . .. 2 1. S h ri S. K. S i n ha . 2 2. S h ri P. P. K a la 2 3. S h ri H. N. C h a t u r v c di 2 4. S h ri M a s o oJ A h m ed 2 5. S h ri S h a m 'm I s h aq

325-575 325-575 325-575 350-575 350-575 350-575 350-575 350-575 350-575

Administration Wing'.

26.  Shri D. R. Bhagwat                             P.  S. to G.M.         325-575
27.  Shri D. C. Mchta                               Section  Officer       325-575

Finance and Accounts Wing :

28,  Shri M. B. Kulkarni  .                          Sr.  Accountant          325-575
29.  Shri I. J. S. Karari                            A"tt.  Stores  Officer   325-575

P,t rchase Section:

Asstt. Purchase

325-575 30. Shri C. D. Sharma .

Officer

L i m i t ed e^Ring Road, New Delhi and the following was thereafter agreed by hoth the parties: —

a-) Fmnlovees whose maximum of pay scale does not exceed Rs. 475/- per ( month should%e treated as workmen and employees whose pay

sS exceeda Rs. 475/- per month are to be treated as non-workmen.

Exception was however made in respect of the following disputed categories in view of the nature of work and the employees are to be treated as workmen: —

1. Senior Scientific Asst. (Civil). 2. Senior Suveyor (Civil) 3. Senior Surveyors (Topo) 4- Foremen (Mechanical). 5. Foremen (Mining). 6. Private Secretary to the General Manager, 7. Senior Technical Assistants,

(ii) Pay fixation by giving advance increments on account of increase of house rent should be given effect to from 4th April 1966 as has been done in case of other workmen,

(iii) It was also agreed that no recovery towards arrears of project allowance and House rent should be made from the following employees; who are to be treated as non-workmen

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

Shri P. V. Rao Shri M. L. Thakar Shrl D. C. Mehta Shri R. S, Mertia . Shri M. B. Kulkarani . . .. Shri I. J. S. Katari . . . . Shri C. D. Sharma

Foreman (Civil) Section Officer Section Officer Horticulture Officer Sr, Accountant . Asstt. Stores Officer Asstt. Purchase Officer.

Sd/-

1. (G. C BHAROAVA)

Sd/- 2. (S. C. GUPTA)

3d/- 1. (R. K. KHANNA) Sd/- 2. (S. C. ANAND) Sd/-

3. CS. J. BERRY) [No. 52/15/66-LRI.]

New Delhi, the 19th December 1967

S.O. 4649.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Labour Court, Guntur, in the industrial dispute between the employers In relation to the management of M/s Krishna Cements, Sitarampuram Mines, Piduguralla and their workmen, which was received by the Central Government on the 13th Decem- ber, 1967.

BEFORE THE PRESIDING OFFICER: LABOUR COURT: GUNTUR

PRESENT:

Shri B. Venkataramana, B.A., B.L.—Presiding Officer,

Saturday the 2nd day of December, 1967 I.D. No. 7 OF 1967

BETWEEN :

G- Obulu, Secretary, Sitarampuram Mines Employees' National Union, Sitaram- puram Mines, iiia Piduguralla, District Guntur.—Applicant-

AND

The Associated Cement Co. Ltd., Krishna Cement Works, Sitarampuram Mines, Piduguralla.—Respondent.

This petition coming on for final hearing on 16th November 1967 upon perusing the claim and counter statements and other material papers on record and upon hearing the arguments of Sri V- Jagannadha Rao for the petitioner and Sri K. Srinivasamurthy for respondent/management and having stood over for considera- tion till this day, the Court passed the following:

AWARD

This is a reference made by the Government of India, Ministry of Labour and Employment and Rehabilitation by an order dated 4th May 1967- By the said reference the following issue has been referred to this Court:— Whether the

management of M/s. Krishna Cement Co., Sitarampuram, Piduguralla, was justi- iled in discharging Sri G- Obulu and if not to what relief is he entitled?

2- The respondent/management filed a counter to the following effect:—The reference as- made is illegal- The workman Tetired from service on superannuation- The reference relates to the justification of the alleged dischargee, and there were no discharge at all. Obulu joined service on 1st January 1949. At that time the workman did not give any proof of his age. In 1953 when the Provident Fund Scheme became applicable to the employees a report had to be submitted regarding the age of all employees. Obulu along with some other employees failed to produce proof of age- Hence Obulu was sent to the Medical Officer who assessed the age of Obulu as 47 years on 1st October 1953- Obulu put his thumb impression on the declaration form in token of acceptance of the age. Thereafter Obulu accept his progressive age as maintained in the Mines B- Register. On 1st October 1966 the worker attained the age of 60 years and he was served a notice on 30th September 1066 that he has to retire with effect from 31st October 1966- Thereupon Obulu submitted an extract from the register of births of Mutukur which stated that Obulu was born in 1915- Obulu therefore contended that he had 0 years more to serve- The birth extract varies in considerable particulars from the records of the Company. In the records of the company his father's name was shown as Kataiah whereas the birth extract showed it as Kotudu. The village of Mutukur was shown as his place in the birth extract whereas the declaration showed it as Kotanemili- puri. The mother's name, residence, age at the time of confinement, and many other particulars were left blank in the birth extract. Therefore the worker has attained the age of superannuation and the ID. may be rejected.

3. The only point that arises for consideration is whether the worker is super- annuated as contended by the management-

,

4. Point-—WW1 is the workman. He gives his father's name as Gorremochu China Kotalah, as stated in Ex, Ml the birth register extract. The declaration Ex- M2 gives the father's name as G. Kotaiah. In cross-examination WW1 deposes that the name of hig village given as Kotanemilipuri in Ex- M2 the declaration is correct, But Ex. Ml the birth register extract relates to Mutukur. WWl deposes that from the time he knew his father was being called as China Kotaiah. If so I do not see why Ex- M2 shows that name as G- Kotaiah and not as China Kotaiah. WW1 asserts that China Kotaiah is the name given by him as that of his father when he joined service under the respondent. There was no motive at the time of Ex. M2 for any person connected with the management to have made any wrong entries in Ex- M2. WW1 deposes that at time of Ex. M2 he gave his age as about 25 years. Ex. M2 is of 1953- If so, according to this evidence of WWl he must have been born in 1928- But Ex. Ml gives the year of birth as 1915. Ex- Ml the birth register extract relates to Mutukur whereas the place of the worker is given as Kotanemilipuri in Ex. M2. Curiously enough Ex. M2 gives the name of the child alsq, though it happens only very occassionally- The place of residence of the mother is left blank- Her name also is left blank. No entries are found in columns 9 to 15 of birth register extract- A birth register extract has been held to be not proof of the fact that a child is the child of the father named therein- At most it is proof of only the name of the mother of the child. A father can contend against a birth register extract that the child is not his. Therefore unless a birth register extract contains the name of the mother of the child born, I opine that no value can be attached to it. The village munsifr of Kotanemilipuri has been examined as WW2. He deposes that the name of the workman's father is China Kotaiah consistently with Ex. Ml, He deposes that the workman's father came down to Kotanemilipuri from some place in Palanad Taluk. From this evid- ence it cannot be concluded that WWl and his father belonged to Mutukur. MW1 is the Quarry-Manager under the respondent. He deposes that WWl was taken on 1st January 1949 asMazdur and that he did not then state or give proof of his age- Ex. M3 is the register of employees and it consistently shows the name of the petitioner's father as Kotaiah. MW1 deposes that a notice the original of Ex- M4 was served on all the workers- That such a notice has been seivei is not disputed^ It is dated 13th March 1951. Ex. M3 shows that the petitioner affixed his thumb impression therein every year. He admits that WWl gave an application even before retirement to change his date of birth to be consistent with Ex. Ml. In cross-examination MW1 deposes that he does not know if respondent changed the date of birth for any worker who produced a birth register extract- It is not the case of the petitioner that on account of any Trade Union activities the respondent had any grievance against the petitioner- It is contended by the worker that the declaration Ex- M2 is to be taken only for the purpose of emphasising the nominees of the worker therein and not with reference to the other entries stated, therein- The worker relies won Q958-2 LTJ page 324) "Southern Railway ^-Mohammad Yakub". Therein it has been laid down that a change of date of birth has to be

made after an enquiry. It is therefore contended for the worker that when an application had been made by the worker for change of date of birth the prayer could not be brushed aside by the management without an enquiry. The very same authority is relied upon by the worker to say that an order making an order of retirement is an administrative order against which a writ lies and a party cannot be forced to a civil suit- The management relies upon (1965-2 LLJ page 437) "India General Navigation and Railway Company Vs. Their workmen'¹. In the said deci- sion the Supreme Court held that a workman can be compelled to retire as per the date of birth declared in the declaration form relating to the Provident Fund. But in the present case this decision is sought to be destlngulshed on the ground that the petitioner is illiterate, and on the further ground that the age given in the declaration form is as per medical opinion and not one given by the worker him- self- The management relies also upon (10H3-2.LLJ page 638) "Buckingham and Carnatic Company Vs. Venkatiah", wherein It has been laid down that in a case where no mala fides is alleged against the management, for refusing to accept a Medical certificate produced by an employee and the Labour Court rejected the plea that the medical examination of the concerned worker by the company s Doctor was not proper, the High Court was not justified in interfering with such findings and it was beyond the writ jurisdiction of the High Court. In the present case the reference states as follows:—"Whether the management was justified In discharging " The present case is one of superannuation and retirement. Therefore it is contended for the management that the reference is bad relying upon (1963-1 LLJ page S07) "Ramamporthy Vs. T-D.N.P- Workers Union". The management relies also upon (1961-2-LLJ page 694) "Tocklal Experi- mental Station vs- Its workmen", wherein it has been laid down that an award must be strictly within the four walls of the reference,

5. For the foregoing reasons I find that Ex. Ml cannot be relied upon at all- And I find no reason to differ from the age stated in Ex. M2- I, therefore, find the point against the worker- I, therefore, find on the point that the worker is super- annuated,

6. I, therefore, find that the worker is not entitled to any relief. The reference Is answered accordingly.

7- An award is passed accordingly.

Given under my hand and seal this Saturday the 2nd day of December, I9fi7.

(Sd) B- VENKATARAMANA, Presiding Ofncer-

APPENDIX or EVIDENCE

Witnsses examined

For Petitioner (workman)—WW1 G- Obulu. WWW2. Dodda Gangireddy alias Brahmareddy. For respondent (management) —MW1. N. Hanumantha Rao-

Exhibits marked For petitioner (workman).—Nil. For respondent management. Ex. Ml-—Birth extract of petitioner. 18-3-66.

Ex- M2.—Provident Fund delaratloh form. 1-10-53. Ex- M3.—Register of Employees. Ex. M4—Copy of Notice.

1.3-3-51,

(Sd.) B. VENKATAHAMANA,

[No- 36/10/67-LRL]

S.O. 4650 In exercise of the powers conferred by sub-section (2) of section 3SC of the Industrial Disputes Act, 1947 (14 of 1947), and In supersession of all existing notifications in this regard, the Central Government hereby specifies each of the Labour Courts mentioned, li). column 2 of the Table annexed hereto as the Labour Court which shall determine the amount at which any benefit referred to in that jsub-section shall be computed in terms of money, in relation to workmen employed

in any Industry in the respective areas specified In column 3 of the said Table in relation to which the Central Government is the appropriate Government.

THE TABLE

S- No. Name of the Labour Court

Territorial jurisdiction

1

2

3

1.

The Union territories of Delhi

and Himachal Pradesh- Labour Court, Delhi constituted under section 7 of the said Act by the notifica- tion of the Government of India in the late Ministry of Labour and Employ- ment No. S-O. 782, dated the 1st April, 1953.

2- Labour Court, Bombay constituted undei The State of Maharashtra (ex- cluding the districts of Akola, Buldana, Amraoti, Yeotmal, Wardha, Chanda, Nagpur and Bandara) and the Union territory of Goa, Daman and DIu.

section 7 of the said Act by the notifica- tion of the Government of India in the late Ministry of Labour and Employ- ment No. S O. 1698, dated the 22nd May, 1965.

Labour Court, Nagpur constituted under

3.

The districts of Akola, Buldana, Amraoti, Yeotmal, "Wardha, Chanda, Nagpur and Bandara in. the State of Maharashtra.

section 7 of the said Act by the notifica- tion of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O- 3453, dated the 22nd September, 1967-

4.

The districts of Dhanbftd, Hazarlbagh, Singhbhum, Ranch! and Palamau in the State of Bihar.

Labour Court, Dhanbad constituted under section 7 of the said Act, by the notification of the Government of India In the late Ministry of Labour and Em- ployment No, S O. 1994, dated the 30th July, 1960.

5-

he State of Bihar (excluding the districts of Dhanbad Hazaribagh, Singhbhum, Ranchi and Palamau).

Labour Court (No. 2), Dhanbad constituted Tl under section 7 of the said Act by the i notification of the Government of India in the late Ministry of Labour and Em- ployment No. S. O. 1697 dated the 22nd May, 1965.

6.

le State of Assam and the Union terri- tories of Manipur and Trlpura.

Labour Court, Gauhati constituted under Tl section 7 of the said Act by the notifies- 1 tion of the Government of India in the late Ministry of Labour and Employment No. S. O. 1572, dated the 31st May, 1963.

be State of Orissa.

Labour Court, Bhubaneshwar constituted Tl

7.

under section 7 of the said Act by the no- tification of the Government of India in the late Ministry of Labour and Em- ployment No. S. O. 1571 dated the 31st May, 1963.

lie State of West Bengal.

8. Labour Court, Calcutta constituted under Tl section 7 of the said Act by the notifica- tion of the Government of India in the late Ministry of Labour and Employ- ment No. S. O. 1570 dated the 31st May, 1963-

I

2

3

The State of Mysore.

9. labour Court, Bangalore constituted under section 7 of the said Act by the noification of the Government India in the late Ministry of Labour and Employment No. S. O. 459, dated the jth February, 1963.

JO.

The revenue districts of Raipur, Durg, Bastar, Bilaspur, Raigarh and Surguja in the State of Madhya Pradesh.

Labour Court., Raipur constituted under section 7 of the said Act by the "notifica- tion of the Government of India in the late Ministry of Labour and Employ- ment No. S. O. 437 dated the 27th January, 1965.

I I. Labour Court, Jabalpur constituted under The LState of Madhya Pradesh (excluding the revenue districts of Raipur Durg,' Bastar, Bilasur, Raigarh and Surguja.

section 7 of the said Act by the notification of the Government of India in the late Ministry of Labour and Employment No. S. O. 441, dated the 29th January, 1965.

1 2. Labour Court, Hyderabad constituted The State of Andhra Pradesh.

under section 7 of the said Act by the notification of the Government of India in the late Ministry of Labour and Em- ployment No. S. 0. 456, dated the 5th February, 1963.

The State of Punjab.

13. Labour Court, Jullundur constituted under section 7 of the said Act by the notification of the Government of India in the late Ministry of Labour and Em- ployment No. S. O. 45K, dated the 5th February, 1963,

The State of Uttar Pradesh.

14. Labour Court, Lucknow constituted under section 7 of the said Act by the Government of India in the late Ministry of Labour and Employment No. S. O. 457, dated the 5th February, 1963.

The State of Madras.

15- Labour Court, Madras constituted under section 7 of the said Act by the notifica- tion of the Government of India in the late Ministry of Labour and Employ- ment No. S. O. 461, dated the 5th Feb- ruary, 1963.

The State of Kerala.

16. Labour Court, Quilon constituted under section 7 of the said Act by ihe notifica- tion of the Government of India in the kte Ministry of Labour and Employ- ment No. S. 0. 1034, dated the 3rd April, 1 9 6 2. H

The State of Gujarat.

17.

Labour Court, Ahmcdabad constituted under section 7 of the said Act by the notification oFlhe Government of India in the late Ministry of Lnhour and Em- plovmcnt No. S. O. T721, dated the 17th July, T96I.

The State of Rajasthan.

18. Labour Court, Jaipur, constituted under section 7 of the said Act by the Govern- ment of India in the late Ministry of La- bour and Employment No. S. O. 1780, dated the 19th June, 19(13.

2

3

t

The State of Hatyana.

19- Labour Court, Rohtak constituted under section 7 of the said Act by the notifica- tion of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour ? I and Employment) No. S. O. 4329J dated the 30th November, 1967.

(F. No. 1/94/67-LRI)

New Delhi, the 21st December 1967

SO- 4651.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 •f 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Jabalpur, in the industrial dispute bclween the employers in relation to the Mica Mines Owners of Bhilwara (Rtijasthan) and their workmen, which was received by the Central Government on the 18th December, 1967.

BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT, JABALPUR Dated November 28, 1967

Shri G. C. Agarwala—Presiding Officer.

REF. CASE NO- CGIT/LC(R)(107) OF 1967

Employers in relation to Mica Mine Owners of Bhilwara (Raiasthan)

Versus

Their workmen through the Central Secretory, Khan Mazdoor Congress, Bhilwara.

ArraAitAHcn:

For employers—Sri Roop Lai Gupta, Advocate and Joint Honorary Secre- tary of Rajasthan, Industrial & Mines Assn., Bhilwara.

For workmen—Sri Lai Tak, Secretary, Khan Mazdoor Congress and Sri B. M. Bagra, Legal Adviser, LN-T-U-C.

INDUSTRY: Mica Mine, DISTRICT; Bhilwara (Rajasthan).

AWARD

The Mica Mine Owners of Bhilwara in Rajasthan and their workmen repre- sented by the Khan Mazdoor Congress, Bhilwara, jointly applied to the Central Government under Section 10(2) of the Industrial Disputes Act lor reference of an Industrial dispute, as stated below in the schedule to tha order of refernce and In pursuance thereof the Government of India, Ministry of Labour and Em- ployment by Notification No. 20/10/GG-LR.I, dated 11th May 1967, made the reference to this Tribunal:—

MATTER OF DISPUTE

Without prejudice to the statutory minimum wages which are subject of Writ Petitions pending before the High Court of Judicature for Rajasthan at Jodhpur, to what further increase the workmen em- ployed in the Mica Mining Industry of Bhilwara District are entitled in the existing wage rate keeping in view the capacity of the Indus- try to pay and taking Into account the ad hoc increase of R's. 5/- (Rupees Five) for time rated employees [to brlnif the total ad hoc increase to Rs. 10/- (Rupees Ten) since April, 1964] and the ad hoc Increase to piece rated workers raising their wage rate to 40 paise per Mlegrsm Of cut Mica with effect from 1st October, 1966.

In the order of reference, 12 Mica Mine owners were shown as parties besides tne Khan Mazdoor Congress through the General Secretary for the Union. Notices were sent to these mine owners who are:

1. Seth Pusha Lai Man&inghka (P) Ltd., Mica Mine Owners, Bhiiwara. 2. Shri Sudarsan Mineral Ltd., Mica Mine Owners, Bhiiwara. 3. M/s- Duduwala & Co., Mica Mine Owners, Bhiiwara. 4. M/s. Nathany Company, Mica Mine Owners, Bhiiwara. 5- Shri Surya Prakash Nathany, Mica Mine Owners, Bhilwara. 6. M/s. R. B. Seth Mool Chand Nemi Chand (P) Ltd., Mica Mine Owners,

Distt. Bhiiwara.

7. Shri Satya Narain Nathany, Mica Mine Owners, Bhiiwara. 8- M/s. Bhupal Mining Works, Mica Mine Owners, Bhiiwara. 0. M/s. Bejoy Mica (P) Ltd., Mica Mine Owners, Bhiiwara.

10. Shri Srigopal Nathany, Mica Mine Owners, Bhiiwara. 11. M/s. Ram Lai & Sons, Mica Mine Owners, Bhiiwara. 12. Shri Hari Ram Nathany, Mica Mine Owners, Bhiiwara.

One of them, Shri Srigopai Nathany (Si. No. 10) could not be served and remained absent. Service was, tneieloie, atlected by publication in a newspaper, Times of India. Preliminary hearing was then rendered at Jaipur on 10th October 1967. The Union was represented by the Secretary, Sri Lai Tak and was accompanied by Sri B. M- Bagra, Legal Adviser LN.T.UC. Sri Roop Lai Gupta, Joint Secre- tary of Rajasthan Industrial and Mines Association, Bhiiwara, appeared for the employers and filed authorisation for five of the employers but assured me that he would obtain authorisation for the remaining nine owners. Both sides filed a statement of claim on that date. On benall of the mine owners a preliminary objection was raised that Knan Mazdoor Congress was not competent to represent their workmen but this objection was over^u^ed as the reference is under Sec. 10(2) of the ID. Act and the mine owners themselves entered into an agreement with this Union in conciliation for the relerence- It was held that the mine owners could not now contend to the contrary. The Mine owners were directed to file Balance Sheet and Profit and Loss Accounts tor the last five years from 1961-62 to 1966-67. The employers were further directed to file a certified copy of the judg- ment of the Hon'Dle High Court of Kajasthan by which the minimum wages fixed for the workers of mica industries by the State Government had been challenged by the mine owners. It may be mentioned that the said Writ Petition has now been decided and a true copy of judgment of the Hon'ble High Court (Ex. E/25) was filed by the employers. The Notification dated 31st July 1965 of the Rajasthan Government was quashed on the legal obiection that the composition of the Advisory Board was defective. It follows, therefore, that the notification in ques- tion by which the minimum wages were fixed in 1965 is no longer in force. The Union was directed to file the Government notification of 1965 by which the minimum wages were fixed, copy of the Mathur Committee Report on D-A. and information about", minimum wages which may have been fixed and are current in the states of Bihar and Andhra Pradesh. The Union was further directed to file settlement by which an adhoc increase of Rs. 5/- and Rs- 10/- was agreed to be given. The mine owners were given opportunity to file rejoinders to the state- ment of claim of the Union which were received on 25th October 1967. Hearing in the case thereafter rendered at ca:no Udnipur. The Union was this time re- presented by Sri Fateh Singh Rathor, Advocate, along with the Secretary, Sri Lai Tak. Sri Roop Lai Gupta was represented for all the mine owners except the. absentee owner, Sri Srigopal Nathany. The Union filed and proved the relevant notification (Ex-W/1) by which the minimum wages were fixed as also copy *S the Mathur Committee Report (Ex-W-2) and the agreement by which an adhoc payment of Rs. 10/- was agreed to be paid by the employers (Ex-W/3). The Union also examined three witnesses, Sri Lai Tak (W-W-1) and S/Sri Bhairon Singh and Gobardhan Singh (W.Ws. 2&3). It was stated on behalf of the Union that they could not obtain the information about minimum wages from sister unions of Bihar and Andhra Pradesh. On behalf of the mine owners on next date, an affidavit was filed by one Sri Amba Lai who was not cross-examined that mines of S/Sri Nathany & C •. •'" ••••• ••• v.~ 1), Surya Prakash Nathany (Em- ployer No. 5), Satya Narain \ v; •.••;.• . s No- 7) and Hari Ram Nathany (Employer No. 12) came in existence only in 1966 and therefore no Profit and Loss Accounts of the Companies could be filed. For M/s Bejoy Mica (P) Ltd. (Employer No. 9) an affidavit was filed by Sri Chandra Kant stating that they bad closed their mining operation since 1965 and no Profit and Loss Accounts wer"

t filed. He.was cross-examined by the Union. Profit and Loss Accounts were filed .for-Seth Pusha Lai Mansinohka (P) Ltd. (Employer No. 1), Shil Sudarsan Mineral Ltd- (Employer No. 2), M/s. Duduwala & Co. (Employer No. 3; M/s. Bhupal Min- ing Works (Employer No. 8), and M/s. Ram Lai & Sons (Employer No. 11) and were duly proved by witness. No evidence was tendered for M/s. R B. Seth Mool Chand Nemi Chand (P) Ltd- (Employer No. 6) though represented by Sbrl Roop Lai Gupta- These Prollt and Loss Accounts are Exts. El to 11, 13 to 25, & JEX. E.27 to E-42.

2. The mica mine Industry in India is a non-wage Board industry, and the wages of mica miners were fixed by the operation of the law of demand and supply- The principal producers of mica in this country are States of Bihar, Rajasthan and Andhra Pradesh. Wages in these States are regulated under provisions of the Minimum Wages .Act. In Rajasthan, it was in 1959 that the Government of Rajaethan fixed Rs. 1/6/- per day as the minimum wages (exclusive of weekly days of rest) for adult workers of unskilled category called 'Dharl' and since then a mica miner was paid @ Rs. 1.31 nP. per day. The need for revision was felt and pressed on behalf of the workers, in consequence of which the Government of Rajasthan appointed a Committee in pursuance of the provisions of Clause (a) of Sub-section (1) of Sec. 5 of the Minimum Wages Act, 1948 to equlre Into conditions prevailing In mica mines and to advise the State Government in making .revisions of wages fixed earlier by the Government by Notification No F-l(29) LAB/57 dated 24th April, 1959. Most of the facts enumerated in this award re- ^ardirig the conditions of the industry with special reference to Rajasthan have -been extracted from the report of the Committee, a copy of which has been filed ,oi\ behalf, of the employers and is Ex. E.12. The Committee was composed of .the" representatives of employers and employees with an independent member as Chairman. One of the representatives of the employers, Sri Bansl Lai Chowdhry, representing Hindustan Industrial and Mining Association appended a minute of dissent, which is also part of the report. The Committee considered tho viewpoints of.,both, employers and employees and recommended that the minimum wages Mould be .Rs. 60/- p.m. or 2-31 per day, exclusive of Sunday wages for the un- skilled category of labour, namely, Khallasi, Dharl and Waterman. Accepting ^his- recommendation, the Government of Rajasthan promulgated the notification • dated 3J,st July, 1965 published in Gazette Extraordinary of the same dp+e and . fixed the minimum rates of wages of all categories of working in Mica mines ,the lowest being Rs. 60/- for unskilled category. The employers challenged this r*"*tlflp8tion in the Hon'ble High Court by means of dltfercnt Writ petitions and as stated earljer, the Notification was struck down as invalid for a defect in the .composition of the Wage Committee of the Advisory Board. The judgment (Ex E/26) was pronounced during the pendency of this reference. The employers, iiQweyer, continued to pay the old rate of Rs. 1-31 P. per day to the unskilled category and by means of an agreement (Ex. W/3) the employers agreed to pay •an adhoc increase of Rs. 5/- towards D.A- which was further raised to Rs 10/- The employers thus are already paying a minimum wage of Rs. 1.31 P per day for 30 days plus Rs. 10/- as an adhoc payment under agreement which comes to Rfl., 40.50 P. The minimum rate of wages fixed by notification which has been quashed comes to Rs. 2 per day for 30 days or Rs. 2-31 P. for 26 days. The differ- ence is only of. Re. 0.35 paise per day, and the controversy now has entered round

-w^e if the rate fixed by the State Government has to be adopted. The employers

l

ewU?dVt a t e t ?

P

tr b c?a lf o f-t he ^ P ^ y e r s. most of which E r f h ^S ^r t h ⁶y are* n°l in Q p⁰Slti⁰n t⁰ PQV e v en t h is e x t ra rate ffxed i J t i t M ^f S¹ Government, whereas the workers have contended that they are * Kf RS 2MZ R T ™⁸/' In the written statement, the Union has clainfed a ^ i S i r' n uK >⁷ L p er m o n th f or ²⁶ w o r k i nS days together with D-A- as ' S ' t t r⁰^⁶? Report linked with the Consumer Price Index of Ajmer Sdustrv hn , D un1 S°' t h! flf?t question to be determined is whether the ™ Sv tn ™l CT y it⁰ F&y t he l n r r e a se of demanded rate. The question of wiJSSnJft^h BI f⁸ o n l ;>\in a ?a se w h e re a wage structure on the basis of fair •oaTf, " " ie d e t5r m i n e d> ," is a well settled law that capacity of industry to R r L s N e ws pVC rCp ^S t a n C^ ln t he flxatlon ot m i"™ "> subsistence wage '•iOTB^SCM S ^ W ? r ^ 'L t d; and another Vs. Union of India and others; A.I.R. eubsistinff w"eP n\a i°u t h e r e f o r v,e- determining what should be the minimum brincirJes rf ft'tr ™J ^en w l?e ¹ h er the industry is in such a position that &K S f l l i n ^ t i T ?£ °an f a p Pil ed inoludlnff the aspect of capacity to pay. We pSdefed^hv t he ^ominlttee are r^Xrlni Wage Committee, observations and findings of the said :e t ^T x"nfi H i li ed aS t h ey a re on collection of necessary data and expert examination of the question. For the Mica industry in Rajasthan, which

is not very old having been only of about 30 years in existence, production of mica comes from a few blK mines namely, Bhunas, Tunka, Ghundli, Amargarh, Bhadu, Banjari, Eemali, Beri Jamoli (all in Bhilwara district) and one in Madhorajpura (Jaipur). The Committee collected figures upto half year of 1963- The Committee recognised the fact that the quality of Rajasthan Mica is mediocre and it is only when "mixed with the Bihar Mica that it becomes expqrtable. 1 It was further recognised in para 26 that the Industry is steadily, facing increasing competition with such countries as Brazil and Madagascar together with the synthetic substitutes and the absence of organised marketing arrangement as also the stock-piling manoeuvre of the buying countries- It further recognised the fact that the workers hail from villages within the radius of two to three miles and there was a good deal of absenteeism during crop season and festivals. Workers in the mines are daily raters and only the cutters in factories are piece raters. .After comparing the prevailing wages in Bihar and Andhra Pradesh which were Rs. L96 in Andhra Pradesh and Rs. 2.22 In Bihar in 1960 (Appendix B of the report) the Committee recommended d rate of Rs. 2/- per day which was found to be more or less the same fixed in Bihar and Andhra Pradesh in I960- The Committee in Chapter 7 para 65 considered the views of employers and employees and while conceding the fact that price of mica has gone down by 25 to 30 per cent and cost of mica has risen by 10 to 20 per cent observed that this was not an im- portant factor In determination and fixation of minimum wages. Such factors as prices, cost of production, capacity of industry to pay etc- can be considered only while fixing fair or living wages und on this ground these con- siderations were ignored by the Committee in paragraph 69 of the Report. "The principles laid down in 15th Indian Labour Conference and the Central Minimum Wages Advisory Board were adopted as main criteria for fixing the minimum wages. This was the position when the Committee submitted the Report in 1964. The position has further deteriorated since then which Is borne out by the evidence tendered on behalf of the employers who filed their statements of claim and expressed their inability to pay on a variety of grounds, viz- (a) heavy increase in cost of production by 30 to 40 per cent, (b) depth of the -names increasing considerably, (c) electricity power in Rajasthan as compared to Bihar and Andnra which supply cheap power, (d) compulsory payment of bonus under Payment of Bonus Act and other benefits like E.P.F. Scheme and leave with wages, (e) fall in the prices of mica, (f)dwindling deposits, (g) poor quality of mica and (h) increase in railway freights and sales tax. Most of these are borne out by the Profit and loss Accounts filed by some of the employers which may now be examined.

3. For M/s, Seth Pusha Lai Mansinghka (P) Ltd., Sri Shyam Sundar came in evidence and stated that the cost of production has been increasing since i960, that this company which used to work 18 mines in 1900 was working only 5 mines in 1067, that the quantity of crude mica extracted which was about 20 quintals Is now 8 quintals and that 70 per cent of the mica is of lowest size—8 and 7- The price of mica which is of the Ruby quality as compared to 1965 has recorded a fall by 20 to 30 per cent in 1987 (vide Ex. E. 1). The cost of production has risen between 40 to 100 per cent. (Ex. E/2). Ex. E/3 would show that in 1960 they were working 18 mines wherein 1067 only 5 are worked. The statement of Profit and Loss A/c for the years 1960 to 1967 (Ex. E/4) which is supported by the Profit and Loss Account for these years (Exts. E/5 to E / l l) would show that whereas there was some profit in 1960-61, there was no profit In 1962-63 and again in 1986-67. On the other hand, there was considerable loss exceeding over a lac in 1062 and again in 1066- Similar is the position for Employer No. 2, M/s. Sudarsan Mineral Ltd., for which the same witness, Sri Shyam Sunder filed accounts. The statement Ex. E/13 would show that this Company which worked 6 mines in 1960 was working only 2 in 1967. The statement of Profit and Loss Account would show that it had suffered a considerable loss in 1960 and 1962 and the profits during the years 1963 to 1066 were negligible. This statement Is supported by Profits and Loss Accounts (Ex. E/15 to L/22). For Employer No. 3, M/a- Duduwala & Co., Sri Chandmal, Manager, came in evidence as E.W. 3 and filed accounts- It would appear from a statement Ex- E/24 that the prices of mica have gone down further as compared to the rate prevailing in 1964; that the cost of production of the materials used has considerably gone up as Wjould appear from Ex- E/25. S/Sri Surya Prakash Nathany, Satya Narain Nathany and Hari Ram Nathany who are also parties as employers in this case were partners In this Company. There was a suit in the Hon'ble High Court, Calcutta, in 1058 for partition. An Official Receiver was appointed but after I860

Jolnt Receivers were appointed who are S/Sri Ram Kumar Agarwal and Satya Narain Nathany. By a consent decree partial partition was affected in the end of 1965 and most of the mines were divided. One portion of the mining area Is still being run under Joint Receivers to meet old liabilities. Since the account books are with the Hon'ble High Court at Calcutta and the Income Tax authorities this company could not complete and file the Front and Loss Accounts. As Sri Nathany Company (Employer No. 4), Surya Prakash Nathany (Employer No. 5), Satya Narain Nathany (Employer No. 7), and Hari Ram Nathany came in existence as separate entities only from 1966, they could not file their accounts. For M/s- Bejoy Mica (P) Ltd. (Employer No. 9), Sri Chandra Kant, General Manager, came in evidence and stated on oath that the Company has stopped developing work since 1965 as It was found uneconomical and they are digging out only old reserves left untouched in pillars. In other words, they are stopping down the mines. For M/s. Bhupal Mica Mining Works (Employer No. 8), Sri Gopal Singh (E.W. 4) an Office Superintendent filed and proved Profit and Loss Accounts ior the years 1961 to 1965 (Exls- E/27 to E/30). These would show that there had been continuously losses in the mining section exceeding over a lac every year and which was compensated by other industrial section of the company. The condition of M/s- Ram Lai & Sons (Employer No. 11) is not better. One of their partners, Sri Om Prakash, came in evidence and filed an affidavit along with Profit and Loss Accounts (Exts. E/36 to E/39). He was not cross-examined by the workmen's representative. There was a loss of Rs. 848 and odd in 1963 which increased to Rs. 20,000 and odd in 1964 and was so in 1965 and again there was a loss of Rs. 12,000 and odd in 1965-66. It follows, therefore, that the company has been running in lose every year particularly because (a) the cost of production has gone up and (b) the price of mica has gone down. The export by this Company has dwindled from Rs. 3,76,080 to Rs- 32,961. They were working eight mines in 1960 and are now working only one, the other mines having been found uneconomical. These and other factors are common with all the employers- Considering, therefore, the prevailing condition of the Industry, it is not possible to apply the principles of fair wage structure and It must be held that the industry as such, particularly in Rajasthan, has no capacity to pay the increased burden on the lines of fair wage structure.

4. At the same time, the industry has got to pay minimum subsistence wage whether it has capacity to pay or not. As adverted to earlier, the question of capacity to pay is wholly irrelevant for a bare subsistence wage- The Minimum Wages Committee considering the need for wage of the labour and all the atten- dant circumstances after examining the conditions both of the employers and the employees, recommended in paragraph 75 the minimum rates of wages as Rs. 60 for the lowest category of unskilled workers. These are expert findings of which are based on examination of various factors and considering the view points of both employers and employees- This Tribunal has neither the necessary material in evidence nor the facility of examination from which any finding on the question of minimum wage suitable for mica mine workers can be formulated and when an Expert Committee gave it's recommendation and which was adopted by the Rajasthan Government I see no reason to disregard the same. The Hon'ble High Court of Rajasthan has quashed the notification because of a technical flaw In the composition of the Advisory Committee- It has made no observation on the merits of the recommendation. Adopting, therefore, the recommendation of the Committee I hold that the rate of wages should be the same as was adopted by the Rajasthan Government by its notification dated 31st July, 1965. This notifi- cation is made a part of the award as Annexure "A". The mica mine owners will pay the workers in accordance with the rates fixed by notification.

5. There will be no increase in the piece raters for cut mica which had been fixed at Rs. 0.40 p. per kilogram by agreement but as stated in the Notification It shall not be less than Rs. 80 p.m. The question of D.A. does not arise for consideration. These wages are payable from 1st October, 1966 after the agreement for reference. No order for costs.

(Sd-) G. C. AGARWALA, Presiding Officer. 2*41-10i7

ANNBXUHB

RAJASTHAN GAZETTE EXTRAORDINARY DATED 31-7-65

(Department of Labour and Employment)

NOTIFICATION

Jaipur, July, 31st i<)6(.

Vo. F. 3(i2)/£ai./6.1.—Whereas the President of India has delegated to the State Gover. ment, the functions of the Central Government to review "nd review the minimum rates o ages for employees employed in Mica Mines situated in the State, by notification No. LWT(i '20/ 58 of the Ministry of Labour and Employment dated 27th June, i960,

Nowj therefore, in exercise of the powers conferred by section 5 of the M.W. Act, 48 (Central) (Act XI of 1948), after adopting the procedure laid down therein, the State Government hereby revises for the whole of the State of Rajasthan, as specified in the Schedule given below, in respect of any employment in Mica Works, so far as it relates Mica Mines only, the minimum rates of wages fixed vide Government of Rajasthati notification No. F. 1 (925/57 dated the 24th April, ^1959 namely;—

*

SCHEDULE

1. Categories of employees

No.

^11 inclusive minimum rates of Mica wages per month

1

2

3

Unskilled:

Rs. 6o-oo Rs. 60-00 Rs. 60 • 00 Rs. So-oo Rs. So-oo

1 Khallaal 2 Dhari 3 Waterman 4 Chowkidar 5 Unskilled Mazdoor

Semi-skilled :

6 Dresser 7 Sorter 8 Mate 9 Carpenter

10 B-Smith ir Fitterman 12 Machine Driver 13 Engine Driver 14 Compressor Drivers . . . . . . .. 15 Blaster with restricted 16 Hand Drillers

Rs. 75 '00 Rs. 75 00 "Rs. 80-00 Rs. 85'oo Rs. 85-00 Rs. 85-00 Rs. 90-00 Rs. 90-00 Rs. 90-00 Rs. 90.00 Rs. 90-00

Skilled :

17 B l a s t er w i th u n - r e s t r i c t ed . . . . . .. 18 F i t t er 19 E l e c t r i c i an 20 D r i v e rs of m a c h i n es of m o re . . . . . ..

Rs. n o - 00 Rs. IOO-OO Rs. ioo-oo Rs. ioo-oo

Traffic Staff :

21 C l e a n er 22 J e ep & L i g ht v e h i c le d r i v e rs 23 T r u ck D r i v e rs . . . . . . . ..

Rs. 65-00 Rs. 10000 Rs. 125-00

Clerical Staff:

24 Clerks 25 Shift Inchargc 26 Cutters

Rs. ioo-oo Ri. 125-00 40 Paise per Kilo- gram of Mica cut (inclusive of Sun- . day) but not Ies" thin Rs. 6000,

[No. 2Q/UVW. '

ORDEKS

New Delhi, the 18th' December 1967

8,0.4652.—Whereas the Central Government Is of opinion that an Industrial dispute exists between the employers in relation to the Management of Messrs Bikancr Gypsum Limited, Bikaner 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, ill exercise of the powers conferred by section 7A and clause (d) of Bub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Centra¹ Government hereby constitutes an Industrial Tribunal, with Shri Jawan Singh Ranawat as the Presiding Officer with Headquarters at Jaipur and refers the said dispute for adjudication to the said Tribunal.

SCHEDULE

(1) Whether the management of M/s. Bikancr Gypsum Limited, Binkaner, wa" justified in laying off 138 workmen, without payment of any lay-off compensation mentioned below employed in their Jamsar, Dhirera and Suratgarh mines and in their Bikaner office from the date mentioned against each ? If not, to what relief are the workmen entitled ?

Name of the

D a te of lay- off

N a me of t he w o r k e m en

mime

SI. No.

3

A,

I

a 10 11 12 13 14

J3

\l

T7 *• f

3_1

1819

j j

20 21 22 23

11

j j

j j

j)

31

33

3 3

3 3-

i)

*

it

25 26 27 28 29 30 31 32 33 34 35 36- 3?

U3*

S I .1 Name  of  the                                                     Date of lay
N o.          mine                                              Name  of  the  workmen                                          off
   41    Jarrmr
               *j
   4*         33
   44          11
   4j5         11
               33
   IX         M
   4$         11
   ;9         13
   JO         S3
              11
   si         33
   .13        ,,
   54.        13
               13
   i          3 3
               >}
   <8          11
   •S9         11
               3%
   9 13
   81         33
   32          33
               33
   P84         33

14-10-1967

. 14-10-1967

. 14-10-15^7

14-10-1967

. 14-10-1967

. j i4-io-r9'67

14-10-19^7

. 14-10-1967

. 14-10-19,67

14-10-1967

14^0-1967

14-10-1967

14-10-1967'

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

^-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

14-10-1967

20-12-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-IO-IO67

20-10-1967

31

8s

lO-TO-TOS?

33

13

2U- n j ~ x y p/ 20-TO-106V 1 1

53

j.

20-10-1967

20-10-1907

20-10-1967

31

33

t , JIJ— 1U" l yU j

\ t

31

33

31

3;

31

33

33

3)

31

S7 88 89 00 91 92 93 94 95 96 97 98 99 loo 101 102 103 [T04 105

Shri Ginga s/o Girdhari, Mazdoor . Shri Kheta s/o Ami, MazdoOT • Shri Bhron s/o Puran, Mazdoor Shri Gobini s/o Chait tyam, Mazdoor Shri Teja Ram s/o Raju.Mazdoor ' Shri Shera 9/0 Bhika, Mazdoor Shri Amartia s/o Purkha, Mazdoor . Smt. Deoli, s/o Amartia, Female Maz. Smt. Chunki w/o Ridmal, Female Maz. . Smt, Rajki w/o Sardararam, Femaje Maz.. Smt. Kelki w/o Chela, Female Maz. Smt. Aski w/o Rcwatia, Female Maz. Smt. Aski w/o Ganga, Female Mftz. . Smt. Anchi w/o Amirta, Female Maz. Smt. Phugki w/o J era, Female Maz. Smt. Rameshwnri Djevi, Creche Attend. . Shri B. C. Ganguli, Water supply . .. Shri D;en Mohd. Workshop Attendant . Shri Raghumdan, Air Compressor Att. . Shri LalMohd. Air Compressor At:. Shri Mangla, Engirie Attendant Shri Bulaki, Engine Attendant Shri Abdul Sakeer, Engine Attendant Smt. Dhani w/o Uda, Female Mazdoor . Smt. Anki w/o Jairarnj Female Maz. Smt. Gorly w/o Dhokalia, Famale Maz. . Smt. Sardari w/o Mangga, Female Maz. . Smt. Sardari w/o Mangla, Female Maz. Smt. Durki w/o Jora, Female Maz. . Shri Inder Sain, Shoval Operator Shri Shurcy Khan, Shoval Operator Shri Lai Khan, Driver 'A' Shri Malu Singh, Driver 'A' Shri Ram Chandcr, Driver 'B' . Shri Faizu, Driver 'B' Mangtoo, Driver 'B' Shri Prem Singh, Driver ' B' . . , Shri Hari Singh, D r i v e r ' B' Shri Kishan Singh, Driver ' B ' ' . " ' .' Shri Sultan Singh, Driver ' B' Shri Chand Khan, Driver ' B' . Shri Neta, Fitter Shri Alim^d Shan, Fitter ' , ' . '' Shri Jahangir Shah, Fitter Shri Bhanwar Shah, Fitter (Bench) Shri Phusa, Blacksmith Shri Gokul Sin^h, Welder . '. ' ' Shri Phusa, Wireman ' B' Shri Kishan Lai, Helper Shri Sarwar KLhan Helnrr Shri Nathu Shah, Helper Shri Bishan Singh, Helper Shri Faizu Shah, Helper Shri Noor S h i h, Helper . . ." Shri Manztoo. HelDer Shri Kalia Ram, Helper Shtl Nema Ram, Helper ' . ' . '' Shri Rehmat Ali, Mazdoor Shri Narsi Ram, Mazdoor Shri Nathu Sinh, Mate Smt. Dhapu, Female Maz. Smt. Tejki, Famale Mazdoor '. Shri Umer Singh, Shovel Operator Shri Gopal Singh, Driver 'A' Shri Chatra, Generator Operator

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

20-10-1967

21-10-1967

21-10-196.,

. 21-10-1967

D a te of lay-

off N a me of t he m i ne

N a me of t he w o r k m en

SI, N o.

J a m y ar

JJ

33

13

33

,,

106 107 108 109 1 10 HI

1 12

33

13

>1

33

J I3 114 115 116

13

1T

IT7118

119 1 20

1 21 S u r a t g a rh

1 22

35

u

123 124 125 126

I²7128 D h t r e ra

„

,, ,,

5)

,J

13

129 130 131 132 133 134 135 136 137 138 „

S h ri F a r i d a, A ir C o m p. A t t e n d a nt S h ri L u ll K h a n, M a z d o or . . . .. S m t. N e e r k i, F e m a le M a z d o or . . . .. S m t. P h i r o z e l i, F e m a le M a z d o or S h ri V i r c n d ra K u m a r, S r. C l e rk . . . .. S h ri Y u s u f, P e on . S h ri R a m an L a i, S r. C l e rk . . . . . S h ri R. S. S a x e n a, C l e rk S m t. B h u r a, F e m a le M a z d o or . . . .. S m t. G a n g a, F e m a le N a z d o or . . . . .. S m t. M e c r a, F e m a le M a z d o or S h ri B a l o o, M a le M a z d o or S h ri D h u r a, M a z d o or S h ri M o h an S i n g h, F i e ld Asatt S h ri F a r i d a, K h a l a si S h ri M. L. S h a r m a, S u p e r v i s or . . .. S h ri w a z i ra s /o M a g g a, M a z d o or S h ri R a k a u J in B/O W a z i r a, M az S h ri G a n e s h l al s /o S r i k i s h a n, M a z. . . .. S h ri K i r at S h ah s/o P a l lu S h a h, M. . . .. S h ri G a n ga R am s /o B h a i r am R am M. . . S h ri T r i l ok D a ss s /o H u k um D a " ^, M S h ri G u l ab S i n g h, S u p e r v i s or . . . .. S h ri R a t ti R a m, M a z d o or | S h ri J e t h a, M a z d o or . . . . . .. S h ri K e a h a ri S i n g h, M a z d o or . . . .. S h ri L ai S i n g h, D i e s el M e c h. S h ri H u s s a in K h ab s /o F a r id K h an . . .. S h ri K a m al S i n g h, P e on S h ri R a t ti R a m, P e on . S h ri R a m a d h ar G i r l, B l a s t er S h ri J o J ha R a m, H e l p er S h ri R a m j a n, H e l p er

2ITIO-1967 31-10-1967 21-10-1967 21-10-19S7 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 21-10-1967 2r-io-i967 16-10-1967 16-10-1967 16-10-1967 16-10-1967 16-10-1967 16-10-1967 16-10-1967 14-10-1967 14-10-1967 14-10-1967 14-10-1967 14-10-196? 14-10-19(17 15-10-1967 I5-IO-I$67 15-IO-1967 I5-IO-1967 IS-IO-T967

(2) Whether the management of M/s Bikan-r Gypsum Limited, Bikaner was Justified m it- trenching 48 workmen mentioned below with effect from the 18th November, 1967"? If not, to what relief arc they entitled ?

1 Smt. Chandl 2 Smt. Nkki 3 Smt. Aski 4 Smt. Jamuiia 5 Smt. Dhani 6 Smt. Aski 7 Smt. Firojli 8 Smt. Anki 9 Smt. Gorly 10 Smt. Jethkl 11 Smt, Sardnrj 12 Smt. Chunki 13 Smt.Anchi 14 Smt. Phuski 15 Smt. Mlran 16 Smt. Dhapo 17 Smt. Rajki T8 Smt. Deoli 19 Smt. Sardarl 20 Smt. Dhurki 21 Smt. Laduti 22 Smt. Tcjki. 23 Shri Sudar Shah 24 Shri Ramzan Shah 25 Shri Ramzan 26 Shri Rahamatali 37 Shri Kheta

28 Shn Dana Rom 29 Shri Bheron 30 Shri Abdul Shah 31 ShriKirat Shah 32 Shri Fazal Shah 33 Shri Sardar Khan 34 Shri Makhan Shah 35 Shri Loona 36 Shri Shaitan Singh 37 Shri Narsi Ram 38 Shri Ganesh La] 39 Shri Hukma 40 Shri Reda Ram 41 Shri Deeps Ram 4a Shri, Jclha Ram 43 Shri Jagdish 44 Shri Rati Ram 4$ Shri Keshri Singh 46 Shri Monohar 47 Shri Shaft Shah 48 Shri Mehboob Singh

[No. 24/35/67—LRIj

Neir Delhi, the 19th December 19G7

S.O. 4653- -Whereas the Central Government is of opinion that an Industrial dispute exists between the employers in relation to the Messrs Lima Leltao and Company Private Limited Marmagoa Harbour and their workmen in lespect 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- SCHEDULE

hatiSiTlral G o v e r n m e nt c o n s i d p rs " desirable to refer the said dispute forheardTudiC

SmXBU^onl^^

SCHEDULE

4$#8 THl GAZETTE OS INDIA t DEGEMBER "0, 19W/tfAUB& *J IM" [PART H-

salary from the month of May, 1967 to the date of Gtismissal? If not, to what relief is he entitled?

[No. Wm/07-LRIJI.]

S. S. SAHASRANAMAN, Under Secy.

(Department of Labour and Employment)

New Delhi, the 18th December 1967

g.O- 4655.—In pursuance of clause (e) of sub-section (1) of section 3A of the Coal Mines Provident Fund and Bonus Schemes, Act, 1948 (46 of 1948) read with sub-paragraph (1) of paragraph 9 of the Coal Mines Provident Fund Scheme published with the notification of the Government of India in the late Ministry of Labour No. PF. 15(5)/48, dated the llt.h December, 1948, the Central Govern- ment hereby appoints Shrl G. R. Thukral as a trustee of the Board of Trustee's, and makes the following amendment in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O. 2451 dated the 17th July, 1967, namely:—

In the said notification against serial number 12, for the entry, 'Shrl S. V. Raman, the East Indian Coal Co. Ltd-, P O. Jealgora, District Dhanbad, the following entry shall be substituted, namely: —

"Shri G. R. Thukral, M/s. Andrew Yule and Co. Ltd., 8 Clive Row, Cal- cutta."

[No. 4(5)67-PF. I.]

New Delhi, the 20th December 1967

S O. 46S6 Whereas the Central Government has, in pursuance of clause (f) of sub-section (I) of section 10 of the Employees¹ State Insurance Act, 1948 (34 of 1948), nominated Shri Sumer Singh. C/o. Mazdoor Congress, Tansain Marg, Birla- ntlgar, GwaKor, to be member of the Medical Benefit council In place of Shu V. R Hoshing;

Now therefore in pursuance of sub-section (1) of section 10 of "he Employees State Insurance Act 1948 (34 of 1948), the Central Government hereby makes the following further amendment in the notification of the Government of India, in tfie Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O. 2899 dated the 27th September, 1966, namely: —

In the said notification, under the heading "[Nominated by the Central Govern- ment under clause (f) of sub-section (1) of section 10 in consultation with organi- sations of employees recognised by that Government]" for the entry agajoot Item; (22), the following entry shall be substituted, namely: —

"Shri Sumer Singh, C/o. Mazdoor Congress, Tansain Marg, Birlanagar, Gwalior,"

[No. F. 3/20/66/HI.]

MAfllNDRA KISHORE, Under Sec;

(Department of Labour and Employment)

New Delhi, the 19th December 1967

R O 4657 —In exercise of the powers conferred by the fourth proviso to clause ™ of Sub section (5) of Section 8 of the Personal Injuries (Compensation Insur- a n t? Act 1963 (37 of 1963), read with sub-clause (2) of Clause 8 of the Personal Injuries (Compensation Insurance) Scheme, 1965, the Central Government hereby directs that the amount of the advance premium payable in respect of the quarter ending 31st March 1968 shall—

(1) in the case of a person having a policy in force on the 31st December 1967 be 'Nil' and