Subject NOT available

click here for IIIF manifest

REGISTERED NO.D. 222

The Gazette of India

PUBLISHED BY AUTHORITY

No. 16] NEW DELHI, SATURDAY, APRIL 20, 1968/CHAITHA 31, 1890

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).

MINISTRY OF HOME AFFAIRS

New Delhi, the 25th March 1968

S.O. 1346.—In pursuance of sub-rule 2 of rule 9, clause (b) of sub-rule (2) of rule 12 and sub-rule (1) of rule 24, read with rule 34, of the Central Civil Services (Classification, Control and Appeal) Rules. 1965. The President hereby makes the following further amendments in the Schedule to the notification of the Ministry of Home Affaris No. S.R.O. 628, dated the 28th February, 1957, namely: —

In the said Schedule in Part II "General Central Service Class III" under the beading "Intelligence Bureau" against the entry "Office of the Joint Deputy Direc- tor, Kohima, under Deputy Director, Subsidiary Intelligence Bureau, Shillong, All posts" in Column 1, for the entry in column 5, the following entry shall be substituted, namely:—

"Deputy Director/Joint Deputy Director, Kohima."

[F. No. 29/45/64-P.III.]

P. B. RAJAGOPALAN, Under Secy.

( 1 8 4 1)

New Delhi, the 5th April 1968

S-O. 1348—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules to further emend the Manipur Employees (Revision of Pay) Rules, 1968.

These rules may be called the Manipur .Employees (Revision of Pay) Rules, 1968-

In Schedule to the Manipur Employees (Revision of Pay) Rules, 1966 :—

(i) Under the heading "Medical Department" for the existing entries against item No. 35, the following entries shall be inserted In columns 1, 2, 3 and 4 respectively :—

35. Sarltary Inspector Rs. 60—2—80—EB—24—100.

Rs. 125—4—145—EB—4—165—EB—5—200.

(li) Under the heading "Education Department" for the existing entries in columr 4 against items No. 52 end 53 the following entries shall be inserted :•—

"Grade Pay plus Rs- 20 per month".

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

R. C JAIN, Dy. Secy.

MINISTRY OF FOOD, AGRICULTURE, COMMUNITY DEVELOPMENT AND

COOPERATION

(Department of Food)

New Delhi, the 6th April 1968

8.O. 1349.—In exercise of the powers conferred by section 11 of the Food Corpo- rations Act, 1964 (37 of 1064), and after consultation with the Food Corpoiation of

India, the Central Government hereby makes the following amendment to the notification of the Government of India in the Ministry of Food, Agriculture, Com- munity Development and Cooperation (Department of Food) No. SO. 2944 dated the 1st October, 1966, namely: —

In the said notification, under the heading 'Members', for the entry against item 25, the following entry shall be substituted, namely: —

"25. Shri S. Chaudhuri, West Bengal."

[File No. 7-2/66-FCC]

D. N. PRASAD, Dy. Secy.

MINISTRY OF HEALTTI, FAMILY MANNING AND URBAN DEVELOPMENT

(Department of Health and Urban Development)

New Delhi, tlie 5th April 1968

S.O. 1350.—Tn pursuance of rule 2 find clause (a) of rule 8B of Order XXVT1 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) and in supersession of the notification of the Government of India in the Ministry of Home Affairs No. 24/1 l/62-De1h1(I), dated the 17th November, 1962, the Central Government hereby appoints Shrl U. S- Chowdhry. Deputy Legal Adviser-cum- Standing Counsel, Land and Building Department, T>"i"ui Administration, tu A

[No. 16012(3)/68-UD.]

Boundary Description

A-B-C  .                      Lines pass  through  village  Bagdona  and Reserved  forest  and meet
                                at  point  ' C.
C-D-E-F-G-H-I              .  Lines pass through Reserved forest (along the part common boundary
                                of  Pathakhera  Mines-I)  and  meet  at  point 'I*.
I -J       .    ..         .  Line  pusses  through  Reserved  forest  (along the part  common  boun-
                                dary of Gogri Block, notified  U/s 4(1) of the Coal Act, and meet at
                                point 'J'.
J-K                        .  Line passes along the part left  bank of Towa Nala and meets at point
K-L                           Line  passes  along  the common  boundary  of village  Sovapur  and
                                Reserved  forest  and  meets  at  point  'L'.
L-M                        ,  Line  passes  along the part  common  boundary of village Bagdona and
                                Reserved  forest  and  meets  at  point  'M'.
M-N-A  .                   .  Lines pass through  village Bagdona and meet at Starting point 'A'.

SCHEDULE

Sub-Block—'B'

SI. P.C. No. Village Village No- District Area Remarks

No.

(S.No.) & Tahsil

i .. Ranipur(R.F.) . .. Betul Part.

Total area:— 78 • 00 acres (approximately)

Or 31 • 59 Hectares (approximately).

Boundary Description

Line passes through Reserved Forest [along part common boundary O-P . . . .

of Pathakhera Mine-I) and meets at point 'P'.

P-Q .

Line passes through Reserved forest [along the part common boun- dary of Gogri Block notified u/s 4(1) of the Coal ACL] and meets at point 'Q\

Q-R .

Line passes through Reserved forest [along the part common boun- dary of Gogri Block notified u/s 4(1) of Coal Act] and meets at point 'R'.

Line passes through Reserved forest [along part common boundary R-O . . ..

of Pathakhera Mine-I] and meets at starting point 'O'.

[No. C2-32(2)/65.]

S-O, 1354—Whereas It appears to the Central Government that coal is likely to be obtained from the lands mentioned in the Schedule Jiereto annexed;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1057), the Central Government hereby gives notice of its intention to prospect for coal therein.

The plan of the area covered by this notification can be inspected at the Offlcw of the National Coal Development Corporation Limited (Revenue Section), Darbhanga House, Ranchi or at the Office of the Collector, Bilaspur (MP).

All persons interested in the lands mentioned In the said Schedule shall deliver all maps, charts and other documents referred to in sub-section (7) of section 13 of the said Act to the Revenue Officer. National Coal Development Corporation Limited. Darbhanga House, Ranchi within 90 days from due date of publication of this notification.

SCHEDULE

Drg. N i. Rcv/36/67

Dued 7-11-1967

(Jatraj Block)

Korba Coalfield.

Khcwat No.

Tahsil Halka No.

Village

Distt. Area Remarks SI. No.

¹

Katghora

Bilaspur Part

at

9i

" 5

>y

' •

JJ * •

" 5 " 9

96 n8

JJ

" •

t t

33

it

* •

t t

JJ

- •

2 3 4 5 6 7 8 9 10 II 12

>, 9

I IZ

„ H

N^raibad Ge-ira . Pmdripani Khodn Kirpali Durpa Risdi . Ghurel . Pali Pandania Sonpuri Jatraj (US) . Korba . Dadar (Manikpur)

Ji - •

15 16

113 114

Full 17 18

14 14 3J • ' 3J • '

(US) Bisrampur Bhilia. Kh. . Dullapur Barkuta

Total area : 4300-00 (acres approximately)

OR 1741 • 50 Hectares (approximately)

Boundary Description

A-B

Line passes along the part common boundary of villages Mangaon and Geora through village Naraibad and meets at point ' b '. Line pusses along the part common boundary of villages Bhathora B -C . . . .

and Niraibad and meets at point ' C.

C -D . . ..

MINISTRY OF INFORMATION AND BROADCASTING

ORDER

New Delhi, the 5'.h April 1968

S. p. 115S—TT rmnui-ic? of rh? 'd'ric'ions iwr:d 1111;r the provisions of the enact rnents sp^cifiH n th; First Schedule ann;x~.I h:re to ih; C:"HraI Government after consi- dering *h: r?c > n n'-i.ht'o'ii of th" F tm A.lvKiry Boar), Bombay hereby approves the film specified in column 2 of the So-cond Sc'iedul* annrxeJ hereto in all its language versions to be of the description specified against it in column 6 of the said Second Schedule.

T HE FIRST SCHEDULE

(1) Sub-Section (4) of the Section 12 and Section 16 of the Cinematograph A ct, 1952 (Central Act XXXVII of 1952).

(2) Sub-Sict'on (3) of Section 5 and S-ction 9 of the Bombay Cinemas (Regulation) Ac:, 1953 (B:>_nbay Act XI of 1953).

THE SBCOND SCHEDULE

Title of the film

Name of the

Applicant

Name of the Producer

Lengih 35mm

si. No.

Whether a scientific film or a film intended for educational purposes or a film dealing with news and current events or documentary film.

1

2

4

6

3

5

1

303'00 M

'N-JW N J. 193

Film dealing with news and current events (l'or release in Mahara- shtra Grcuit only).

Dir"c:or of I'abl ci'y, Govcm- in*n; of M.i!iannhLra, F Ln Centre, 68-T,iri;o Road, lio.nbay-34.

[No. F. 34/1/68-FP App. 1246.]

BANU RAM AGGARWALj Under Secy.

MINISTRY OF COMMERCE

New Delhi: the 14th March 19G8

S.O. 1357.—Shrl Bhagwan Singh, FAS relinquished charge of the post of Chairman, Tea Board, Calcutta on the forenoon ot the 17th January, 1068.

2- In exercise of the powers conferred by sub-secHon (3) of ssction 4 of the Tea Act, 1953 (No. '29 of 1953), the Central Government hereby appoints Sbri A. K- Hoy. IAS, as Chairman, Tea Boa.d. Calcutta, with cllect from the 17th January, 1968 (iorenoon), vica Shil Bhaftvvan Srnfe'h.

[No. F. l(l)-Plant(A)/68.]

B. KRISHNAMURTHY, Under Secy.

New Delhi, the 2&th March 1908

"en !•*";"— In Dartial modification of this Ministry's Notification No. S.O. 1611, j , , ; ,c tn Mav 1066, the Central Government hereby appoints Shrl Haibans c;, a? AU frl Ch^'i-rnan, Jammu and Kashmir, Khadi and Village Industries Board a ^ m e m ' " J' of the Khadi and Village Industries Board upto the end of March,

1969 vice Shri Syed Mir Qasim, resigned and directs that S. No. 44 in the said Noufica.ion may be amended to read :—

44- Shri Harbans Singh Azad. Chairman, Jammu and Kashmir, Khadl and Village Industries Board.

[No. 41/l/6G-KVI(P).l

M. C MINOCJTA, Dy. Secy.

(Office of the Chief Controller of Imports & Exports)

ORDER

New Delhi, the 29th March 19fla

S,O. 1359.—M/s. Heavy Engineering Corporation Ltd., Dhurwa, Ranchi-4 were. granted an import licence No. G|CG|2026919|C|UR|24|C|H|23|CG.Il, dated S2nd February 167 for Rs. 3,75,825 (Rupees throe lakhs seventy five thousand eight hundred and twenty five only). They have applied for the issue of a duplicate licence (both copies of the licence i.e. Customs Control Copy and Exchange Con- trol Copy) on the ground that the original has been lost/misplaced. It is further stated that the licence was not utilised.

2. In support of this contention, the applicant has filed an affidavit. I am accordingly satisfied that the original Customs and Exchange Control copies of the said licence has been lost. Therefore, in exercise of the powers conferred under Sub-clause 3(cc) of the Imports (Control) Ordex J955 dated 7th December 1955, as amended, the said original licence No. GiCG|2026919|C;UR|24|C|H|23iCG-II, dated 2i!nd February 19f>7 issued to the M/s. Heavy Engineering Corporation j_itd., .Dhurwa, Ranchi-4 is hereby cancelled.

3. A duplicate Custom and Exchange, Control copies of the said licence is being Issued separately to the licensee.

[No. CG.II/5(36)/66-67.]

G. S, SHARMA.

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

DEPARTMENT OF COMMUNICATIONS

(P. & T. Board)

New Delhi, the 2nd March 1968

S.O. 13G0—In exercise of the powers conferred by section 21 of the Indian Post Office Act, 1898 (G of 1893), the Central Government hereby makes the following rules further to amend the Indian Post Office Rules, 1933, namely;.—

1 These rule:- may be called the Indian Post Office (Second Amendment) Rules, 1968,

2. In rule 183 of the Indian Post Office Rules, 1933, for clause (qq), the following shall be substituted, namely:—

"(qq) The Chairman of the Rubber Board, the Secretary of the Rubber Board and any other Officer(s) authorised by the Secretary of the Rubber Board, provided that the articles posted by. them relate solely to the business of the said Board".

[No. 24/1/68-CI.]

V. E. ARUNACHALAM, Director Postal Technical.

MIN1STRY OF EDUCATION

(Cultural Activities Division I)

[CAKD Section]

ARCHAEOLOGY New Delhi, the 4th April 1968

8 0. 1361.—Whereas the Central Government Is of opinion that the areas near or adjoining the protected monuments specified in the Schedule attached hereto, be declared to be a prohibited area for purposes of mining operation or construction or both;

Now, therefore, in exercise of the powers conferred by rule 31 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, the Central Govern- ment hereby gives notice of its intention to declare the said area as a prohibited area.

Any objection made within one month of the date of issue of this notification, by any person interested in the said area will be considered by the Central •Government.

" T HE SCHEDULE" '

S E C

.

3

Locality

Area

Remarks District

Ownership

State

SI. No.

( i i ) ]

Name of monument

Tehsil/ Taluk

Survey plot nos. of the area to be declared prohibited.

Details of structures if any, already ei is ting in the area

T H E

6

11 2

7

S

10

5

I

9

3

4

Sriranga- Gamoaz

Srinaga-

G A Z E T T E Mniva

Private

NiL

i

paLoa

patna

Survey plot No. 755 : 0175 acre

O F

Survey plot N J S. 755. 756, 757 and 760.

I

Private

N D

I

Survey plot No. 756 : 0175 acre

A

:

Survey plot No.

t GovemmeDi

757 : 0-200 acre

A P R

I

Survey plot No. Municipal

L

760 : 1*550 acre land.

2 0

,

I

9 6 8

/

[No. F. 4/3/68-CAKD.] SHARDARAO (MRS,), Assistant Educational Adviser. C H A

I

T R A

8 1

,

1 8 9 0

i

g

5

I

MINISTRY OF INDUSTRIAL DEVELOPMENT AND COMPANY AFFAIRS

(Department of Company Affairs)

COST AND WORKS ACCOUNTANTS

New Delhi, the 10th. April 1958

S.O. 1362—In pursuance of clause (a) of sub-section (2) of section 9 of the Cost ,and Works Accountants Act, 1959 (23 of 1959), the Central Government hereby makes the following further amendment in the late Ministry oi Commerce and Industry (Department of Company Law Administration) Notification No GSR 612 dated the 25th May, 1959, namely:—

In the said notification, for items 1 and 4, the following items shall be substi- tuted respectively, namely:-—

. "1. Western India Regional Constituency comprising the States of Gujarat, Madhya Pradesh and Maharashtra, and the Union Territory of Goa, Daman & Diu."

"2. Northern India Regional Constituency comprising the State of Punjab, Rajasthan, Uttar Pradesh, Haryana and the Union Territories of Delhi, Himachal Pradesh and Chandigarh."

[No. 10/13/65-IGC).]

CHARTERED ACCOUNTANTS New Delhi, the 10th April 1968

S.O. 1363.—In pursuance of clause (a) of sub-section (2) of Section 9 of th*- Chartered Accountants Act, 1:49 (38 of K49), the Central Government hereby \makes the following further amendment in the late Ministry of Commerce and Industry (Department of Company Law Administration) Notification No. S.O. 275, dated the 12th March, 1958, namely:—

In the said notification, for items 1 and 5, the following items shall bo substi- tuted respectively, namely:—

"1. The States of Gujarat and Maharashtra and the Union territory of Goa, Daman and Diu."

"2, The Union territories of Delhi, Himaehil Pradesh and Chandigarh and the States of Punjab nnd Haryana.

[No, 6/44/G2-IGCJ P. E. SAHARYA, Under Secy.

(Department of Industrial Development)

ORDER New Delhi, the 5th April 1968

S.O. 1364/IDRA/6/2/68—In exercise of the powers conferred by Section 6 of the Industries (Development and Regulation) Act. 1U51 (fi5 of 1K31) read with rules, 2, 5 and 8 of the Development Councils (Procedural) Rules, 1952, the Central Government hereby appoints, till the 11th December, 1£>68, Shri P. Jayantha Rao, Development Officer, Directorate General of Technical Development, New Delhi, to be Member-Secretary of the Development Council established by the Order 01 the Government of India in the late Ministry of Industry No, S.O. IDRA/3/2/66, dated the 12Qi December. 3 366 for the scheduled industries engaged in the manu- facture or production of Inorfianic Chemicals and directs that the following arnendmeiiLs shall be made in the said Order, name,ly:—

(i) In the said Order, for entry No. 26 relating to Shri K. D. Jain, the following entry shall be substituted, namely:—

"2(5. Shri P. Jayantha Rao, Development Officer, D.G.T.D., New Delhi".

(ii) In the said Order, for the existing para 2, the following para shall be substi- tuted, namely:—

"2. Shri P. Jayantha Rao, Development Officer, D.G.T.D., New Delhi, is hereby appointed to carry on the functions of the Secretary of the said Development Council".

[tfo. 2(3)/Dev. Counoil/ft5-L.C], R. C. SETHI, Under Secy.

(Department of Industrial Pevelopment)

ORDER

New Delhi, the 8th April, 1968

S.O- 1365.—IDRA/18G/67— In exercise of the powers conferred by section 18G and section 25 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and all other powers enabling it in that behalf, the Central Government hexeby makes the following Order further to amend the Cement Control Order, 1967, namely:—

(1) This Order may be called the Cement Control (Third Amendment) Order, 1968.

(2) It shall come into force on the date of its publication in the Gazette of India,

In the schedule to the Cement Control Order, 1967 after item 25, the following item shall be added, namely:—

"26. M/s. Chettinad Cement Corporation Ltd., Madras Rs. 90.00."

[No. F. 1-31/68-Cem.]

K. I. VIDYASAGAR, Jt. Secy.

(Department of JnduslrJnl Development)

Indian Standards Institution

New Delhi the 3rd April 1968

S-O. n67- In pursuance of soib-rcpulaliens (2) and (3) of regulation 3 of the Indian Standards Instiniiion (CertificationMHi-ks) Regulations, 1955.'he Indian Sipndards Institution hereby notifies thai the Indian Stand.irc!fs\ particulars of vhidi rrc riven in ihe Schedule hereto annexed^ have been established'during the period 16 February to 31 March 1968.

THE SCHEDULE

Brief Particulars No. and Title of the Indian Standard Established

SI. No.

No. and Title of the Indian Standard or Standards, if any, superseded by the new Indian Standard

(3)

( i)

(2)

i

IS: 720-1955 Specification for grease, s. hard, loco.

IS: 720-1967 Specification for grease, s. hard, loco (first revision).

This standard prescribes the requirements and the methods of sampling and test for grease, s. hard, loco for locomotive Journal and rod lubrication. (Price Rs. 2 50).

This code deals with the use 2

IS: 806-1957 Code of prac- tice for use of steel tubes in general building con- struction.

IS: 806-1968 Code of practice for use of steel tubes in general building construc- tion (first revision).

of structural steel tubes in general building con- struction and is comple- mentary to IS: 800-1962. Provisions which are of special application to con- struction using sreel tub%" are included in this code. (Price Rs. 6-50).

3]

IS : 1200-1964 Method of ' m:isirement of building works (revised).

IS : 1200 (Part VIII)—19S7 Method of mrisuremcnt of building and civil engineer- ing works Part VIII steel work and iron work (second revision).

This standard covers the method of remaurcm^nt of steelwork and iron work in buildings and civil engineering works like bridges, industrial struc- tures, towers, cables, etc, used for the preparation of estimates and bills of quantities! and for site measurement, (Price Rs. 4 00).

4 I S: 1597 (Part I)-I967 Code of practice for construction of stone masonry Part I rubble stone masonry.

This standard covers the design and construction of rubble stone masonry. (Price Rs, 7'00).

IS: 1604-1967 Specification IS: 1604-1960 Specification

5

for aviation gasoline.

for aviation gasoline (first revision).

This standard prescribes the requirements and methods of sampling and test for avialion gasoline intended for use in aircraft reciprocating engines. (Price Rs. 2 50).

I S: 1885 (Part XVIID-1967

6

*

Elecirotechnical vocabulary Part XV111 Genera] terms on radio-communications.

This standard covers defini- tions of general terms used in the field of radio- communications. (Price Rs. 5 50).

IS: 1885 (Part XX)-I967

7

Electrotechnical vocabulary Part XX Radiowavc pro- pagation.

This standard covers defini- tions of terms uaed in tho field of radiowave propa- gation. (Price Rs. 7-00).

( 2)

( I)

8 IS: 1885 (Part XXIV)-IO67 Elcctrotechnical vocabulary Part XXIV Broadcasting, sound and television.

9

(3)

(4)

This standard covers defini- tions of terms used in the field of sound and tele- vision broadcasting.

(Price Rs. 8-00).

I S: 1958-1961 Specification for nickel anodes for electroplating.

I S: TO58-1967 Specification for fabricated nickel anodes for electroplating. (first revision).

I S: 2016-1967 Specification

This standard covers the requirements of fabricated nickel anodes, both oxide type and carbon type, used for electroplating. (Price Rs. 2-00).

I S: 2016-1962 Specification

10

for plain washers.

for plain washers. (first revision).

IJ I S: 2395 (Part ID-1967 Code of practice for painting concrete, masonry and piaster surfaces Part II Schedules.

IT. I S: 3476-1967 Specification for Lrollcy and contact wire for electric traction.

13

I S: 3722-1966 Letter symbols and signs used in electtical technology.

14

I S: 3803-1967 Method for elongation conversions for steel.

I S: 4093-1967 Specification for nonrcfillable liquefied petroleum gas containers.

This standard lays down the requirements for plain (machined and punched) washers, (Price Rs. 4-00).

This standard lays down schedules for painting of calcurcoas surfaces with colour washers, distempers cement paints, emulsion paints, oil paints, synthetic gloss paints, bituminous paints, etc. (Price Rs. 2-50).

This standard covers the requirements for four sizes of trolley and con- tact wire made of hard- drawn copper and three sizes of trolley and con- tact wire made of cadmium- copper, used for electric traction purposes. (Price Rs. 6 • 00).

This standard covers lette

symbols and signs for quantities used in electrical technology and their units. (Price Rs. 6 •50).

This standard specifies the method of converting percentage elongations after fracture obtained on various proportional and non-proportional gauge lengths to other gauge lengths. (Price Rs. 6 0 0)

This standard specifies materials and constructio- nal requirements for non-relillable metal con- tainers of capacity not exceeding 2 litres for liquefied petroleum gases (commercial butane, commercial propane or mixtures thereof), in- tended for use with port- able liquefied petroleum

( I)

CO

16 IS

i: 4132-1967 Method for calibration of standardized blocks to be used for brincll hardness testing machines.

17 L S: 4133-1967 Methods for calibration of standardized blocks to be used for vickers hardness testing machines.

18 I S: 4136-1967 Specification for aluminium compart- mental trays.

19 1

• S: 4343-1967 Code of practice for treatment of water for high pressure boilers.

20 IS: 4350-1967 Specification for concrete porous pipes for under drainage.

: 4368-1967 Specification forulloy steel billetS) blooms and slabs for forgings for general engineering, purposes.

22 IS: 4369-1967 Specification for carbon steel bars for forginga.

(4)

(3)

gas appliances operating at vapour pressure from small liquefied petroleum gas containers* require- ments for the closures and for the tearing of filled containers are also in- cluded. (Price Rs. 2-oo).

This standard prescribes method for calibration of standardized blocks to be used for indirect calibra- tion of Brinell hardness testing machines. (Price Rs. a •50).

This standard prescribes the method for calibration • of blocks for the indirect calibration of Vickers hard- ness testing machines. (Price Rs. a-jo).

This standard lays down the general requiremenrt- for compartmental (rays, both round as well as rectangular, made of Aluminium. (Price Rs. 2-50).

This standard deals with the conditions to be aimed at and the chemical me- thods of attaining them in the wntcr side of boilers operating at pressures above 42 kg./cm* (Price Rs. j-oo).

This standard lays down the requirements for porous pipes made of concrete for use in under drainage. The require- mems cover pipes ranging from So mm nominal in- ternal diamerer to 90J mm nominal internal diameter with three types of joints. (Price Rs. 5 *oo).

This standard covers trie requirements for alloy steel billets, blooms and slabs for forging for general engineering purposes. (Price Rs. 3-50).

This standard covers the requirements for six grades of carbon sreel bars for forgings. (Price Rs. 2-50)-

( I)

(2)

23 IS: 4375-1967 Specification for col ion knitted sports sliirfa.

IS: 437R-1967 Specification 24

for nippers

25 IS: 4379-1967 Specification for identification oflhc con- tents of industrial gas cylinders.

26 18:4382-1967 Specification for non-tinted ophthalmic glass.

27 IS: 4384-1967 Specification for sted watertight tmd wenthcrtight doors.

2S IS: 4385-1967 Specification for throwing hammers.

29 13:4389-1967 Method for determination of colour fastness of textile materials to hot water.

30 IS: 4391-1967 Specification for hand-made sunnhemp pile carpets.

31 18:4396-1967 Specification for barium nitrate for ex- plosive and pyrotechnic compositions

(4)

(3)

This standfid prescribes the constructional details and other particulars of cotton knitted sports shirts. (Price RE. 3-50).

This standard specifics the requirements for Diagonal and End cutting nippers. (Price Rs. 2-50),

This standard covers the method ofmfirldngindus- trial ;"as cylinders up to and including 130 litres water capacity to identify their contents. (Price Vs. 2'00).

This standard' specifies the requirements of non-tinted ophthalmic plass used for making spectacle lenses. (Price Rs. 3'50),

This standard specifies lh* requirement for hinged steel watertight and weathertighl doors. (Price Rs. 5-00).

This standard lays down the requirements ofthrow- ing hammers used in field events in national and international athletic competitions. (Price Rs. 3 '50),

This Etandard prescribes a method for determination of colour fastness of all textile materials irrespec- tive of their composition and form to the action of hot water.

The method prescribed in this standard is mainly applicable to wool fibre and textiles containing wool. (Price Rs. 2-00).

This standard prescribes constructional details and other particulars of two varieties (ordinary and special) of hand-made sunnhemp pile carpeta. (Price Rs. 2 '50),

This standard prescribes the requirements and tho methods of sampling and test for barium nitrate, intended primarily for use in pyrotechnics and explosives. (Price Rs. 5-00).

( 2)

( I)

(3)

32 I S: 4399-1967 Specification for nylon fabrics for indus- trial and special purposes.

33 IS: 4400 (Part-I)-T967 Me- thods of measurements on semiconductor devices Part I General.

34 IS: 4401-1967 Specification for nylon fish-net twines.

IS: 4404-1967 Specification 35

for cloves, whole.

IS: 4405-1967 Specification 36

for clovca powder.

37 IS: 4408-1967 Specification for sodium chloridej analy- tical reagent.

38 IS: 4412-1967 Specification for copper wires for general engineering purposes.

39 IS: 4413-1967 Specification for brass wires for general engineering purposes.

(4)

This standard prescribes constructional details and other particulars of 6 varieties of nylon fabric undyed or dyed used for industrial and special purposes. (Price Rs. 2' 50).

This standard covers the general conditions relating to measurements on all types of semiconductor devices. (Price Rs. 2-00).

This standard prescribes constructional details and other particulars of un- dyed nylon twines used in the manufacture of^ fishing nets. (Price Rs. 2-50).

This standard prescribes the requirements for cl(TM"A" [Syzygium aromaiicum (Limn) Mcrr. & Perry] whole, for use as a spice . (Price Rs. 2-00).

This standard prescribes the requirements for cloves. [Syzysium aiomaiicum (Linn) Mcrr. & Perry], powder for use as a condi- ment. (Price Rs. 2-00).

This standard prescribes the requirements and the methods of sampling an d test for sodium chloride analytical reagent grade. (Price Rs. 5-50).

This standard covers the requirements of two grades of copper wires for general engineering pur- poses.

Copper wires up to 5mm diameter only are covered by this standard. (Price Rs. 2•so).

This standard covers the requirements of brass wires for general engineer- ing purposes.

Erass wires up to 5mm diameter only are covered by this standard. (Price Rs. 2-jo).

( I)

( 2)

(4)

(3)

I S: 4414-1967 Specification for wooden table tops.

This standard covers the requirements of materials, sizes, construction and finish of wooden tnble tops of the common types and for use for office, domestic and industrial requirements. (Price Rs. 3'5o).

18:4415-1967 Glossary of

4*

icrms for wooden furniture

This standard deals with various technical terms used for office and domes- tic wooden furniture and accessories. (Price Rs. 3-50).

I S: 4416-1967 Specification

for dobby barrels.

This standard prescribes the requirements of dobby barrels for use in conjunc- tion wiln wooden lags conforming to IS: 3496- 1966. (Price Rs. 2 50).

43

* *

18:4421-1967 Specification for malted-skimmed milk food.

This standard prescribes the requirements and the me- thods of test for malted skimmed milk food, (Price Rs. 2-00).

44 18:4426-1967 Merhods of sampling laboratory glass- ware and medical glass instruments.

This standard prescribes the methods for sampling and the criteria for ascertain- ing the conformity of items of laboratory glass- ware and medical glass instruments to the re- quirements prescribed in the individual specifica- tions. (Price Rs. 2-50).

45 I S: 4436-1967 Specification for jute bagging for wrapp- ing couon blaes.

This standard prescribes the constructional details and other particulars of jute bagging generally used in the wrapping of cotton bales. (Price Rs. 2 • 00).

46 I S: 4445-1967 Specification for filter and filter chamber for blood transfusion.

This specification covers the requirements of filter and filter chamber used in the blood transfusion apparatus. (Price Rs. i-00)

47

u >

I S: 4450-1967 Specification

for brandies.

This standard prescribes the requirements Bnd the methods of test for brandies. (Price Re. 2-00).

48 I S: 4452-1967 Specification

for dehydrated onion.

This standard prescribes the requirements for dehyd- rated onionsj that is! onions from which the bulk of moisture has been

( I)

( 2)

IS: 4456 (Part ID-1967 Me- 49

thods of teat for chemical resistant mortars Pare II Sulphur type.

IS : 4468- J967 Dimensions for three-point linkage of agri- cultural wheeled tractors.

(4)

(3)

removed by dehydration under controlled condi- tions. It applies to various commercial forms, such as kibbled onion, minced onion, onion ctrits, onion powder, pnd onion rings and slices. (Price Rs. 2-50)

This standard covers nine methods for carrying out tests on sulphur type- chemical resistant mortar. (Price Rs. 4-00).

This standard specifics the major dimensions for three-point linkage for attachment of mounted implcmcrils or equipment to the rear of agricultural" wheeled tractors in asso- ciation with hydraulic lift. (Price Rs. 5'ob).

Copies of these Indian Standards are available, for sale, with the Indian Standards Institution^ Manak Bhavan,<) Bahadur Shah Zafar Marg, New Delhi-land also its branch officesnt (i> Bombay Mutual. Terrace, Sandhurst Bridge, Eombay-7, (it) Third and Fourth Floors, 5 Chow- ringhee Approach, Calcutta-13, (tit) Second Floor, Salhyamurthi Bhavan, 54 General Patters- Road, Madras-2 and (iv\ ii7/4iSB,Sarvodaya Nagar, Kanpur.

[Ho. MD/13,: 2l

i

S c

.

3 n S.O. 1348.—Ifi pursuance of regulation 4 of the Indian Standards Institution (Certification Maria) Regulations, 1955, the Indian Standards institution hereby jotifies that amendments) to the Indian Standard(s) given in the schedule hereto annexed has/have bsta issued under the powers conferred by the sub-regu - ation (1) of Regulation 3 of the said Regulations.

( i i ) ]

T HE SCHEDULE

Brief particulars of the Amendment

No. and Date of No. and Date of

No. and title df the Indian Standard am-

the

T H E SL No:

ended

Date from which the amendment shall have

.- Amendment

effect

Gazette Notification in which the establish ment of the Indian Standard was notified

G A Z E T T E

6 2

i

3

4

5

O F

I

N D 1 IS -.266-1961 Specification for Sulphuric

I

A

S.O. 3447, dated 17 November, 1962.

No. 1 February,, 1968.

acid (revised):

:

.)

Page 6, Table I, col. (3), (4), (6) and (7) against SI. No. (i)~Substitute '1.825' for the existing values given under these columns.

| 29 February J- 196S.

A P R

I

No. 1 f

IS : 829-1965 Specification for hockey

s

L

S.O. 2687 dated 10 September, 1966, February, 196S.

sticks (revised).

2 0

,

Use of parchment has also been recognized in addition to AiARKIN doth for wrapp- ing the handles and covering the joints of hockey sticks.

IJ

1 9 6 8

S.O. 910 dated 31 No. 3

IS : 1961-1961 Specification for visual

15 March 1968.

/ 3

March; 1962.

March 1968.

indicator lamps.

(0 Page 3, clause 2.321 (see also Amendment No. 2)—Add the following words at the end of this clause :

C H A

I

'and also the requirements of fragility

T R A

of filaments as specified in 5.1.1*.

8 1

,

(if) Page 8, Table V, last column heading—

Substitute the following for the existing column heading :

1 8 9 0

'Specified Average Lumen Mainte- nance*.

i

8 6 X

l

8 6 2 I

6 2

5

3

4

(m) Clauses 5, r and 5.3 have been substituted

by new ones.

T H E

(it?) Clause 6.1 has been deleted and sub- sequent clauses renumbered accordingly.

29 February 1968.

(i) New clauses 3.1.2 and 10.7.4 have 4

been added

S.O. 2877 dated 12 October, 1963.

No. 2 February 1968.

G A Z E T T E IS r 2448 (Part I)-i963 Specificarion for adhesive insulating tapes for electrical purposes Part I tapes with cotton textile substrates.

(n) Page S3 clauses 10.7.2 and 10.7.3

O F

I

N D

I

headings— Add the following words at the end of both the clause headings : 'CFor Tapes with Both Sides Coated)'.

A

:

15 March 1968.

IS : 2610-1964 Dimensions fot straight S.O. 1840, dated 30 No. T

Clause 0.5 has been Substimtedbya new one.

5

sided splines for machine tools.

May 1964.

March 1968.

A P R

I

15 March 1968.

i

S.O. 1152 dated 10 No. 1

Correction factor 'd', the percentage of nat-

L

March 1968.

April 1965.

IS : 2969-1964 Method for determination of added oil content of jute yam and fab- rics.

2 0

,

,

urally occurring oil and wax content in jute removed during the extraction of oil. has been deleted from the formula under item 9.1.

9 6 8

/

(0 Clause 6.3 has been substituted by a 29 February

S.O. 2246 dated 30

7

1968.

new one.

July 1966.

No. 1 February 1968.

C H A IS : 3050-1965 Code of practice for rein- forced binding of library books and periodicals.

(it) A new clause A-2.20 has been added.

I

15 March 1968.

IS : 3424-196 6 Specification for stainless

No. 1

The informal table in Fig. 3 has been 8

T R A

steel table utensils.

S.O. 2246 dated 30 July 1966.

March 1968. substituted by a new one.

5 1

,

29 February

This amendment aims at removing the emer- :

IS : 3473-E-1966 Specificarion for solvent- S.O. 2602 dated 27 No. 1

1968.

February 1968. gency character of the standard.

August 1966,

extracted "groundnut oil.

M W

This amendment aims at removing the emer-

S.O. 26o2dated 27 No. 1

15 March 19.63. 10

gency character of the standard.

August 1966,

March 1968,

IS : 3536E-1966 Specification for ready mixed paint, brushing) wood primer,, pink.

F " *

S.O. 241 dated 21 No. 1

Clause 6.1 has been substituted by a new one 29 February IS : 3575-1965 Specification for bitumen

n

February 1968.

January 1967.

1968.

*

and the footnote given at the bottom of page 8 has been deleted,

-

12 IS:358l-i966 Garding for green coffee

(0 Clause 2.4 has been substituted by a 15 March 1968. S E C

S. O. 241 dated 21 January 1967.

No. 1 March 1968.

new one.

.

(n) Table 1 has been amended.

3

No. 1

S. O. 2950 dated 26

13

( i i ) ]

August 1967.

February 1968.

(1) ClauseA-2'i has been substituted by a new one and clause A-2.3 amended.

29 February 196S.

IS: 4151E-1967 Speciflcfition for protec- tive helmets for scooter and motor cycle riders.

No. 1

Clause 2.1.3 has been amended.

15 March 1968 14

S.O. 40S0 dated 18 November, 1967. March 1968.

IS : 4227-1967 Specification for braided nylon cord for aeronautical purposes.

T H E

Copies of these amendment slips are available, free of cost with, the Indian Standards Institution, 'Manak Bhavan', 9 Bahadur Shah Zafar Marg, New Delhi-i and also its branch offices at (1) Bombay Mutual Terrace, Sandhurst Bridge, Bombay-7, (it) Third and Fourth Floors, 5, Chowringhee Approach, Catcutta-13, (m) Second Floor, Sathyamurthy Bhavan. 54. General Patters Read, Madras- and dv^ 117418-B Sarvodaya Nagar, Kanpur.

G A Z E T T E

[No. MD/13 ^5]

O F

I

N D

I

A

:

A P R

I

L

2 0

,

1

%

8

/

C H A

I

T R A

3 1

,

1 8 9 0

j

8 6 3

New Delhi, the Oth A p r il 1968

S.O. 1369.—In the Ministry of Irrljstrial L);/jljp;n:nt an I C m p a ny Affairs (Indian Standards Institution) NjlifbatioiM publish^! in :'n; G U ; L C ;I of III.UA, .? 1:; I t, S-.;-,. j 1 3, S.ib-i;;ttaii (ii), the following j-)_-i;,Hi->ii b; i n d ;; j

ERRATA

1. Gazette dated 30 September 1967

S . O. 3 4 S1 d a t e! 15 S ; p t c . - n b if

t j ) 5 7, S I. M >. l ' r -) — S J J/ " I S: 1 | . ? ) ' / • > -" t i; - v > ; . li ni h t t c rs ' I S: 489' apoiJrinsiii thi dosya of th: S.n:Urd Mirk.

2. Gazette dated 14 October 1967

S.O. 3674 JaicJ 22 Saptetnbir 19S7, S : h ; I i l c, SI. NT>. 2, C>I. 6—/"fjsurf t h; wjrds ' I m n c d i a tc effect'.

3. Gazette dated 2% October 1967

S. O. 3825 date 113 O_-tob:r 1957, S :he.iale

(1) SI. Nb. t, C JI. 2 — V ();!i(a:3 ths f j'.l .1 ,vi.ii A>r th- existing design of the Standard Mark:

(ii) SI. No. 2, Col. 5, Iiaea 1 and 2~Detete the words and figures '16 October 1967 insert these in Col. 6. \

4. Gazette dated n November 1967

S.O. 4048 dated 31 October 19S7, Schedule

(0 Sl.No.29,Col.3,linc2~flflai'Piir:X[r/o>- 'Part IIP.

(") SI.No. 6o, Col. 2^1?eai 'IS : 352^-1955'/"'''IS: 3S20-1966'.

5. Gazette dated 9 December 1967

(a) S. O. 4255 dated 10 November 1957, line 3— Ksai 'Section 3(ii)' for 'Sub-Section 3(ii)*.

(*) S.O. 4258 dated 10 Njvetnbir 1967, ^Schedule, Si. No. n, Col. 2, line i—Read '1967* /br'-1997'

6. Gazette dated 23 December 1967

S.O. 4560 dated 34 November 1957, Schedule, SI. N.3. 1, 2 ani 3, Col. 2—Substitute tho following for the existing designs of the Standard Mirks:

7. Gazette dated 30 December 1967 '

S. 0.4633 dated 11 Deceinb^r 1967, Schedule

CO SI. No. 1, Col. 4, lino -/—Insert the words and letters '(Price Rs. 5 • 00)' at the end.

(J"0 SI. No. 4, Col. 4, line 4—Read /works' /of 'wor'.

(m) SI. No. 5, Col. 2

(j) Line 3—Read 'Part XIV/or Tart XVI'.

0") Line 4—i?"ad 'nuclear' for 'clear'.

8. Gazette dated 6 January 1968.

S. O. 44 dated 20 Dicsmber 19S7, Schedule, Si. Mi. 1, 2, 3 u ii 4 Gil, z-—Substitute the follow- ing for the existing design.⁰ of ihc Standard Murks:

(a) S.O. 283 dated 5 January 19s?, SshsluK Gil. 5, Lmss 5 a il 6 ~Hul "superscribed /or'subscribed'

(b) S. 0.284 dated 8 January 1968, Schedule—"]

(i) SI. No. 11, Col. 7, Line 2—Insert the brackets and word {'revised') at the end (ii) SI. No. 2o5 Col. 7, line i^Read 'IS: 2333—1963'/or 'IS: 2332—1963'- (iii) SI. No. 2ij Col. 4, line 1—Read 'Jajmau'/or 'Rajmau'

(c) S. O. 2H6 (wrongly printed as 986) dated 10 JiTi.iry 19^8 S;!i:i'ilc, SI. N J. 4, Col. 3 line i~R

(d) S.O. 287 dated 10 January 1968 Schedule.

(i) SI. No. 21—Read the following for the existing footnote:

'•For purposes of Indian Standards Institution Certification Marks Schemes, IS3854—

1966 shall come into force with effect from 1 January 1968'

(ii) SI. No. 71, Col. 4, line 1—Read 'standard' for 'material'

CORRIGENDA

1. Gazelle dated 20 May 1967 S. 0.1760 dated 8 May 1967, Schedule, SI. 'No. 9 Col. 4, lino 2—Substitute 'March 1967' for •'March 1966'.

2. Gazette dated 14 October 1967. S. O. 3675 to S.O. 3679 dated 28 September 1957—Substitute 'Sub-Section (ii)'for 'Sub-Sec- tion 3(ii)' wherever appearing.

3. Gazette dated 30 December 1967.

S, 0,4634 dated 12 December 1967, line $~Substitut" 'sub-section (ii)' for 'Sub-Section 3(ii)'.

[No. MD/13 : 8]

T

R *

f i S.O. 1370.—In pursuance of sub-regulation (1) of Regulation S of the Indian Standards Institution (Certification Marks) Regul&t.ciiS, 1955, as subse- quently amended, the Indian Standards Institution hereby notifies that fifty licences, particulars of which are given in the Scheauie heieto annexed have been renewed.

THE SCHEDULE

Name and Address of the

Period of Validity

Relevant Indian Standard

Licensee

Article/Process covered by the licence

Licence No. and date

SI, No.

To

6

2

1

7

5

From 3

4

T H E G A Z E T T E

O F

IS:533-I954 Specification for

Gum spirit of turpentine (oil

The Indian Turpentine and

1

15-2-69

16-2-68

I

of turpentine).

CM/L-63 7-2-1958

N D

gum spirit of turpentine (oil of turpentine).

Rosin Co. Ltd., P.O. Outter-

buckganj, Bareilly (U.P.)

I

IS: 10-1964 Specification for 2

28-2-69

1-3-68

Tea-chest plywood panels

A

:

CM/L-64 7-2-1958

plywood tea-chests (second revision).

M/s. Assam Forest Private Ltd., Dibrugarh, District Lakhirn- pur (Upper Assam).

28-2-69

Tea-chest plywood panels

M/s. Woodcraft Products Ltd.

1-3-68

3

A V R T L CM/L-67 7-2-1958

ISao-1964 Specification for plywood tea-chests (second

8 India Exchange Place, Cal- cutta.

revision).

2 0

28-2-69

IS:io-i964 Specification for 1-3-68

Tea-chest plywood panels

4

The Standard Furniture Co. Ltd., Chalakudi (Kerala State)

CM/L-70 7-2-1958

plywood tea-chests (second revision).

, I 9 6 8

/

16-2-68

15-2-69 M/s. Minerva Plywood Indus- - Tea-chest plywood panels

5 CM/L-116 3-2-1959

tries,, 43,11/1, Chauipatty Road, Calcutta-10.

C H A

IS:io-i964 Specification for plywood tea-chests (second revision).

I

6

28-2-69

1-3-68

Tea-chest plywood paneis IS: 10-1964 Specification for CM/L-118 19-2-1959

T R A

plywood tea-ch;->ts (second revision).

15-2-69

IS no-1964 Speciil ;:ition for 7

16-2-68

Tea-chest plywood panels

3 1

, CM/L-137 3-8-1959

M/s. Bengal Plywood Manufac- turning Company, 23/24 Radha Bazar Street, Calcutta. The Assam Railways and Trad- ing Company Limited, Mar- gherita, Assam,

plywood tea-cfie;?" {second revision).

1 8 9 0

8

28-2-69

1-3-68

M/s. Shalimar Biscuits Private

Biscuits (excluding wafer bis- IS:ion-i957 Sj-.-ifi nation CM/L-167 22-2-1960

cuits).

for biscuits (excljling wufcr

biscuits).

[ I

'

Ltd., Sun Mill Estate, Sun Mill Road, Lower Parel, Bom bay-13.

28-2-69

EHC water dispersiblc powt

M/s. Tata Fison Industries Ltd.

9

CT 18:562-1962 Specification for 1-3-68

A R T

1- concentrates,

CM/L-168 22-2-1960

20 Howrah Road, Salkia, Ca cutta.

BHC water dispersible powder concentrates (second revision). I I -

18:565-1961 Specification for

DDT water dispersible pow-

. 15-2-69

16-2-68

S E C 10

.

der concentrates.

CM/L-201 15-6-1960

3

M/s. Bharat Pulverising Mills P Ltd. 589 Thiruvottiyur High Road, Madras-19.

(

DDT water dispersible pow- der concentrates (revised"). IS:39S-i96i Specification for

H

M/s. Sahibganj Electric Cables

15-2-69

16-2-68

II

) ] CM/L-272 10-2-1961

Aluminium conductor steel reinforced and al[ alumi- nium conductors.

Limited, 49, Palace Court, 1 Kyd Street, Calcutta-16.

T H E

hard-drawn standard alu- minium and steel-cored aluminium conductors for overhead power transmis- sion purposes (revised). 18:398-1961 Specification for

M/s. Aluminium Cables and

28-2-69

1-3-6S

12 CM/L-278 27-2-1961

All aluminium conductors and aluminium conductors steel reinforced.

Conductors (LLP.) Pvt. Ltd', 47 Hide Road Extension Cal- cutta-27.

G A Z E T T E

hard-drawn stranded alu- minium and steel-cored alu- minium conductors for overhead power transmission purposes (revised).

IS; 10-1964 Specification for

M/s. National Saw and Plywood

15-2-69

Tea-chest plywood panels

16-2-68

O F 13

I CM/L-301 17-5-1961

plywood tea-chest (second revision).

Works, Makum Road', Tin- sukia (Assam).

N D

M/s. Electrical and Mechanical

I 1-3-68 : 28-2-69

14

A CM/L-357 2OII-I957

:

IS:is67-i96o Specification for metal dad switches (current rating not exceeding 100

Corpn (India), E-4, Industrial Area, Jullundur City.

Metal clad switches, 15 amp 250 volts, with MEM type fuse base and carrier.

amperes).

A P R

I S : 3 9 8 - I 9 6I Specification for 16-2-6S 15-2-69

I

15

L CM./L-379 25-1-1962

hard-drawn stranded alu- minium and steel-cored

2 0

,

Hard-drawn stranded alu- minium and steel cored aluminium conductors for overhead power transmis- sion purposes.

The National Screw & Wire Products Ltd., Betur, P. O. Beiur Math, Distt Howrah having their Regd Office at 51, Stephen House, 4 DaJ- housie Square East CaJcutta-l.

1 9 6 8

/

Mi's. Menco Electricals Pvt Ltd.

aluminium conductors for overhead power transmis- sion purposes (revised). IS:i567-r96o Specification for 16-2-68 15-2-69

16

MetaJ dad switches, 15 amp, 250 Vj with MEM type fuse

Industrial Estate, Olavakkot.

CM/L-380 25-1-19S2

base and carrier.

C H A

I

metal dad switches (current rating not exceeding ioo amperes).

16-2-68 15-2-69

BHC dusting powders

IS:56i-i962 Specification for

17

T R A CM/L-381 9-2-1962

M/s. Pesticides India, Udaisagar Road, Udaipur having their Office at Udaipur.

BHC dusting powders (second revision).

3 1

, 1-1-68 ^31-12-68

Brass sheet grade Bs 63 only

IS

ISi4io-i959 Specification for rolled brass pJate, sheet, CM/L-482 3-12-1962

M/'s. Kamani Metals & Alloys Limited, Agra Road, Kurla, Bombay-70.

strip and foil (revised).

1 8 9 0

I 16-2-68 , 15-2-69

19 CM/L-496 9-1-1963

Metal clad switches, 15 amp 250 volts, with MEM type fuse base and carrier.

M/s. Sarvjit Electric Works, Rurka Road, Goraya (N. Rly), Distt Jiiliundur (Punjab).

l

IS:i567-i96o Specification for : metal dad switches (current rating not exceeding 100 amperes).j

£

( ,

T

r

8 6 8 I

2

6

7 3

5

4

2O

T H E

Tea-chest metal fittings ]

1-3-68 28-2-69

CM/L-506 13-2-1963

The Great Indian Plywood Mfg. Company;, 76, Jessore Road,

[8:10-1964 Specification for plywood tea-chests {second revision).

21

DDT water dispersible pow-

Dum Dum, Calcutta-28.

M/s, Pesticides India, Udaisagar

'C16-2-68 15-2-69

der concentrates.

CM/L-596 30-10-1963

Road, Udaipur.

18:565-1961 Specification for DDT water dispersible powder concentrates {revised}.

G A Z E T T E

22

Single-phase capacitor start

1-3-68

The Production Centre for Elec-

|31-8-68

CM/L-607 11-12-1963

O F

tric Motors (GovL of India), Tiruvalla, Kerala State.

18:996-1964 Specification for single-phase small AC and universal electric motors

I

{revised).

small AC and universal electric motors from 0-25 HP to 1 HP with class 'A' insulation.

N D

I

A

:

23

1-3-68

M/s. Pesticides India, Udaisagar

[28-2-69

BHC water dispersible powder

CM/L-62I 22-1-1964

Road,, Udaipur.

concentrates.

A P R

I

18:562-1962 Specification for BHC water dispersible powder concentrates {second revision).

L

24

1-3-68 128-2-69 M/s. Polymer Products Co. Opp.

2 0

, CM/L-624 23-1-1964

Plastic water doset seats and covers (phenolic plastic and

Indian Cork Mills, Saki Vihar, Lake Road, Bombay-70.

aminoplastics).

IS :254SE-I966 Specification for plastic water-closet seats and covers (revised).

1 9 6 8

25

[16-2-68 15-2-69]

/

Structural steel (ordinary

CM/L-773 24-8-1964

quality).

M/s Ramkrishan Kulwant Rai, 35, Sambudoss Street, First Floor, Madias-1.

IS: 1977-1962 Specification for structural steel (ordinary quality).

C H A

I

26

[16-2-6SJ 15-2-69

Tea-chest plywood panels.

CM/L-990 n-l-1965 •

T R A

ISao-1964 Specification for plywood tea-chests {second reuinan).

3 1

,

M/s. Asiatic Plywood Indus- tries, Barrackpore, Trunk Road, Panihati, 24 Parganas having their office at 30, Strand Road, Calcutta-1.

27

1 8 9 0 CM/L-99S 27-1-1965J

IS 12552-1963 Specification for steel drums (galvanized and ungalvanized).

'

M/s M. L. Day & Co, 28, B.T. Road, Cossipore, Calcutta-2 having their office at 57-B, Chittaranjan Avenue, Calcutta 12.

P A R T ) I

—

Steel drums 3 litres, 5 litres, j 10 litres, 15 litres, 20 litres and 25 litres, capacity grade B2 (galvanized and ungalvanized) steel drums 25 litres capacity, grade Bi (galvanized and ungal- vanized).

Laboratory Deflection pH

1-3-58 28-2-69

£ E C 2S.

.

meters.

CM/L-1002 29-1-196S

3

(

IS :27ii-i966 Specification for direct reading pH meters (revised).

1 1

M/s. Electronic & Industrial Instruments Co. FVt. Ltd., B-17, Industrial Estate, Sanatnagar, Hyderabad-18.

) ]

Structural steel (standard

16-2-58

The Singh Engineering Works.

15-2-69

29.

rS:26-i962 Specification for structural steel (standard

quality).

CM/L-1003 S-2-1965

(P) Ltd., 84/54, G. T. Road, Kanpur CU. P.)

Structural steel (ordinary

T H E 16-2-68 15-2-69

30.

quality).

quality) {third revision). IS:i?77-i962 Specification for structural steel (ordinary CM/L-1004 8-2-1965

quality).

The Singh Engineering Works (P) Ltd., 84/54, G. T. Boad, Kanpur (U. P.).

Structural steel (standard

15-2-69 The Singh Engineering Works,

16-2-63

31-

quality).

CM/ L-1005 8-2-1965

G A Z E T T E

Structural sicd (ordinary

16-2-6S 15-2-63

32-

quality).

O F CM/L1006 8-2-1965

I

(P) Ltd., 84/21, Fazalganj, Factory Area, Kanpur (U. P.) The Singh Engineering Works (P) Ltd., 84/21, Fazalganj, Factory. Area, Kanpur (U.P.)

IS 1226-1962 Specification for structural steel (standard quality) {third revision). IS: 1977-1962 Specification for structural steel (ordinary quality).

N D

16-2-68 15-2-69

Structural steel (standard

I

33-

A

quality).

CM/L-1007 8-2-1965

:

M/s. B. R. Herman & Mohatta (India) Private Ltd., Ulhas- nagar, Kaiyan, Bombay.

IS:226-i962 Specification for structural steel (standard quality) (third revision).

Structural steel (ordinary

16-2-68 15-2-69

34-

IS 11977-1962 Specification for structural sreel(ordinary

A P R

quality).

CM/L-100S 8-2-1965

I

M/s. B.R. Herman & Mohatta (India) Private Ltd., Ulhas- nagar, Kaiyan, Bombay.

quality).

L

2 0

,

Conductors

Type of VTR Voltage Cables grade

1-3-68 28-2-69

35-

CM/L-1009 9-2-1965

1 9 6 8

/

(1) VIR tapsd/ 250/440V "

(i)IS:434(PartI)- 1964 Specifica- tion for rubber- insulated cables Copper or with copper

untapped braided and compounded

C H A

I

M/s. U.P. Cable Co., 4. D. L. F I ad ustrial Area, Najafgarh Road, New Delhi, having their office at Old Ganesh Mills, Bl Ig. Kishan Ganj, Delhi -7

- aluminium conductors

(revised).

(2) Weather proof 250/440V [ (3) Tough rubber- 250/440V J

T R A

sheathed

3 1

,

1 8 9 0

(ii) IS:434 (Part II>i964 Speci- fication for rubber-insula- ted cables with aluminium con- ductors (re- vised).

^ 6 9

I

8 7

O

7 I

6

2

5

3

4

list iron flushing cistern '.

36.

M/s. Arial Brothers, 14/4 <

1-3-6S 28-2-69

T H E CM/L-1013 22-3-1965

(bell type) high level, 15 litre capacity.

S1774-1964 Specification for flushing cisterns for water closets and urinals (valveless siphonic type) (revised).

Mathura Road, Faridabad, having their office at Chawri Bazar, Delhi-6.

IS 1632-1966 Specification for

3HC emulsifiable concentrates.

28-2-6C M/s. Mysore Insecticides Co. ]

37.

1-3-6S

BHC emulsifiable concentra- Ctt/L-1018 26-2-15(65

rates (revised).

G A Z E T T E

O F

I

Pvt. Ltd., 18 Vaidyanatha Mudali Street, Tondiarpat, Madras-21, having their office at 31/A North Beach Road, Madras-i.

N D

BHC emulsifiable concentrates.

33.

16-2-6S 15-8-68

I

A CM/L-1019 36-2-1965

:

IS:632-i966 Specification for BHC emulsifiable con- centrates.

A P R

M/s. All India Medical corpo- ration, Simpoli Road, Borivli West, Bombay-66 having their office at 185-Princess Street, Bombay-2.

I

L

Water meters (domestic type)

39.

M/s. Raj Kamal Water Meter

15-2-69]

16-2-6S

15 smm size.

2 0 CWL-1205 2-2-1966

,

18:778-1966 Specification for water meters (domestic type) [third (emergency) revision].

1 9 6 8

/

Mfg. Company, Shed No. 2S & 9, Howrah, Industrial Esta- te, Howrah having their office at 75 Netaji Subhas Road, Calcutta-1.

M/s. U.P. Cable Co., 4D.L.F.

C H A 16-2-68 1 15-2-69

I

Type Voltage Conduct-

OM/L-1206 4-2-1966

grade tor

T R A

IS:694 (Part ID-1964 Spec:fi- cation for PVC insulated cables (for voltages up to 1 100 volts with aluminium conductors {revised).

3 1

,

Industtrial Area, Najafgarh Road, New Delhi, having their office at OH Ganesh Mills, Bldg. Kishanganj, Delhi 7-

PVC

insulated

cables

m

1 8 9 0

im

(i

[

[1) Single core 250/440 Aluminiu (unsheathed) volts only i) Single core 250/440 Aluminii] ( P VC volts only sheathed).

P A R T

Biscuits (excluding wafer

4 i.

16-2-6S 15-2-69

jr biscuits)

M/s. Aanapuma Biscuit (Mfg.) Co., 84/67, G.T. Road, Kanpv

CM/L-1210 15-2-1966

I I -

IS: 1011-1957 Specification fo biscuits (excluding wafe biscuits').

S

iS:56J.-t95i Specification for 1-3-68

3I-S-6S M/s. Hindustan Mineral Products DDT dusting powders.

42.

, , ,

D DT dusting pow-krs.

C\l/L-I2i3 25-2-1967

; ; , i

0 ,

Co. Pvt. Ltd., Plot No. 27, Manganese Depot, Scwri, Bombay-15, having their Regd, office at i n, Industrial Area, Sion, Bombay-22.

15-2-69

16-2-6S

BHC dusting powders.

43-

I S: 561-1962 Speciiica;ion for BHC dusting powiers.

CM/L-1360 30-11-1966

M/s. Ankar Industries, Jessore Road, P. 0. Madhyamgram, Distt. 24 Pargaoas.

T H E

I S: 2061-1962 Specification for 31-7-68

Bicycle front forks.

CM/L-1387

1-2-6?

44-

bicycle front fork:-

M.'s. Cycle Industries (an under- taking of M, P. Laghu Udvog Niaam Lt ., Indore) A.B. Road, Guna ^M. P.).

16-2-63

Endrin emulsifiable concen-

15-2-69

45-

G A Z E T T E

M/s. Singal Pestirides, Jamna Par, 9/122, Moti Bagh, Agra.

OWL-139 15-2-1967

trates.

I S: 1310-195S Specificatio¹¹ for endrin eQiUhinable concentrates.

Aldrin dusting po-wdeis.

16-2-68

O F 45.

15-2-69

CWL-1394

I

IS 1308-1958 Specification for aldrin ducting powders.

15-2-67

M/s. Metal Udyog Pvt. Ltd. Pra- tapnagar, Industrial Area, Uda.;pnr i'Rajasthan\

N D

I

M/s. Metal Udyoe Pvt. Ltd, Endrin emulsifiable conceo-

15-2-63

15-2-69

47-

A CM/L-1395 15-3-67

trates.

:

Pratapnagar, Industrial Area, Udaipar {Rajasthan).

ISu31.0-1.95u Specification for endrin emul?i6able con- centrate?.

1-3-68

M/s. Krishu Rasaj'an, Ramtalj Endrin emulsifiable concen-

3I-S-63

48.

A P R

Distt. Balasore f,OrisfaX

trates.

CMfL-1396 28-2 1967

I

L

I S : I ? I O - : 9 5S Specification for endrin emulsifiable con- centrates.

1-3-68

28-2-69

BHC dusting powder?.

49-

2 0 CM/L-I399 28-2-1967

.

18:561-1962 Specification for BHC dusting powders {seeOTid revision).

M/s. Bharat Minerals & Ciem'cals Co., Transport Depot Road, Calcutra-27 having their office at 174, Mahatma Gandhi Road Calcutta-7.

1 9 6 8

/

1-3-6&

2S-2-69

CM/L-1402 1-3-1967

IS:325-i96i Specification or three Dhase induction motors

Three-phase induction motors up to 5 HP class "A" insulation.

(second revision)

C H A

i

M/s. Samal Harand oflnd'aPrt. Ltd., 2IS/T, Picnic Garden Road, Calcutta-39, having tbsjr offici a-. 34/1, Elgin Road, Calcutta-20.

m A

LN0.MU/33 : 16/A]

(DR.) A.K. GUPTA, Dy. Director General

J ^ 8 9 0 _ _ _

j

8 7

I

MINISTRY OF RAILWAYS

(Railway Board)

New Delhi, the 11th April 1988

S.O. 1371.—In exercise of the powers conferred by section 4 of the Terminal' Tax OD Railway Passengers Act, 1056 (69 of 1956), and in supersession of the notification of the Government of India in the Ministry of Railways (Railway- Hoard) No. F(X)I-67/TX-13/5-3, dated the 25th January. 1968, the Central Government hereby directs that no terminal tax shall be levied on passengers travelling by railway to the notified place mentioned In the Schedule hereto- annexed, from any railway station situated within a radius of 10 miles (16 Kilometres) from such notified place.

2. This notification shall have effect on and from the 1st May, 1968-

SCIIfiDUT.E

1. RISHIKESH

LNo. F.(X)I-65/TX-19/8-A.]

S.O. 1373.—In exercise of the powers conferred by sub-section(x) of section 3 of the Ter- minal Tax on Railway Passengers Act, T956 (69 of 1956") the Central Government hereby :—

(a) fixes the rates mentioned in column T[I of the Schedule annexed hereto as the rarcs at which terminal tax shall be levied in reaped of every railway t:cket on all passengers carried by railway 10 the notified place specified in column I of the said Schedule, and'

(6) directs that the aforesaid terminal tax shall be leviable with effect from the isr May 1968.

2. This notification shall come into force on the isst May 1968.

THE SCHI'.JWLE

Rates of Terminal Tax on Each Ticket

Adult

Name of notified

s.

place

ChUd between 3 & 12 years of age No.

Class of accommoda- tion

I

II

III

1 Rishikesh

Short distance passengers (Beyond

Long distance paflscTigirs (Beyond

150 miles)'

(240 Kms.)

Short distance Long passengers distance (Beyond 10 passengers, miles and upto (Beyond 150 miles) 150 miles) (Beyond 16 (240 KIDS) Kms and upto 240 Kms.)

10 miles and upto 150 miles) (16 Kms and upto 240 Kms,)

1 Rishikesh

0-40 0•70

0-30 O'4O

0-15 0-20

Air    con-
 ditioned or
 1st class  .                                      0-20           0-35
 II  class .                                       0-15           0-20
I ll  class .                                      0-08           o-10

Enplamtion,—Tcie Terminal Tax on a return ticket shall be the same as fixed herein,

[No.F(X)I-65/TX-i9/8-B.l C. S. PARAMESWARAN, Secy.

I

MINISTRY OF FINANCE

E C

(Department of Economic Affairs)

3

New Delhi, the 11th April 1968

( i i ) ]

S.O. T373—Statement of the Affairs of the Reserve Bank erf India, as on the 5th April, 19S8.

BANKING DEPARTMENT

T H E

A S S E TS

Rs.

Rs.

LIABILITIES

5,00,00,000

17,84,90,000

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

Capital Paid Up

G A Z E T T E

4^3,000

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

O F

I

80,00,00,000 S m a ll C o in . . . . . . . ..

3,48,000 Reserve Fund . . . . . . ..

N D

I

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

A

:

131,00,00,000

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

Natona! Agricultural Credit (Long T e rm Operations) Fund .

(£>} E x t e r n al

A P R

I

L

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

, . 160,03,78,000

2 0

25,OCy30jOOO B a l a n c es H e ld A b r o a d* . . . . . ..

137,52,10,000

, National Agricultural Credit (Stabilisation) Fund .

I n v e s t m e n t s '* . . . . . . ..

112,75,23,000

1 9 6 8

/

L o a ns a nd A d v a n c es t o :—

C H A

I

30,00,00,000

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

National Industrial Credit (Long Term Operalions) Fund .

159.07,05,000

( u) S t a te G o v e r n m e n t s® . . . . .

T R A

3

] ,

L o a ns a nd A d v a n c es t o :—

Deposits:—

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

74^5><>7,°oo

1 8 9 0

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

I ⁶2)74J35>OOO (a) Government—

(ni) Others

89,97,02,000

5,34*46*000 (0 Central Government . . ..

j

(a) State Governments

g y g

1 8 7 4

Rs.

ASSETS

Rs.

LIABILITIES

LoanSj Advances and Investments trom National

Agricultural Credit (Long T e rm Operations) F u nd :—

T H E

(a) Loans and Advances to —

31,69,90,000 (6) Banks—

(t) State Governments . . . ..

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

CO Scheduled Commercial Banks

H J 9 I J 3 4 )^{0 00}

(iti) Central L a nd Mortgage Banks

(a) Scheduled State Co-operative Banks

6,58,98,000

••

G A Z E T T E

(b) Investment in Central Land Mortgage Bank (w) Non-Scheduled State Co-operative Banks I,22jI5,0O0

7,93,62,000

Debentures . . . . . ..

O F (w) Other Banks

9,3 3=°°°

I

Loans and Advances from National Agricultural

Credit (Stabilisation) Fund—

N D

I

7,42,75,00c (c) Other?

Loans and Advances to State Co-operative Banks

A

329,78,18,000

:

Loans, Advances and Investments from National Indus- Bills Payable

r

24,51,67,000

trial Credit (Long T e rm Operations) F u n d—

A P R

I

L

6,08,93,000

(a) Loans and Advances to the Development Bank .

I O 8 , 2 9 > 6 2 J O OO

Other Liabilities = . , . ,.

2 0

,

(£) Investment in bonds/debentures issued by the

Development Bank . . . . ..

1 9 6 8

61,88,85,000

Other Assets

/

Rupees . . ..

Rupees . . ..

957,20,64,000

C H A

I

•Includes Cash and Short-term Securities.

T R A

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

I ,

Operations) Fund.

1 8 9 0 @Exchiding Loans and Advances from the National Agricultural Credit (Long Term Operations) Fund, but including temporary overdrafts to

State Governments.

[ f Includes Rs. 49,15,85,000 advanced to scheduled commercial banks against usance bills under Section 17C4XC) of the Reserve Bank'of India Act-

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

P A R T

(Stabilisation) Fund.

l l - Dated the 10th day of April, 1968.

An Account pursuant to the Reserve Bank of India Act, 1934, for the w^ek ended the 5th day of April 1968.

S E C

.

ISSUE DEPARTMENT

3

(

1 1

)

1

Rs.

L I A B I L I T I ES

Rs.

A S S E TS

Rs.

Rs.

T H E Notes held in the Banking Department

G o ld C o in a nd B u l l i o n :—

17184,90,000

115,89,25,000

Notes in circulation .

(c) H e ld in I n d ia . . .. (£) H e ld o u t s i de I n d ia

3300,40,55,000

F o r e i gn Securities

166,42,00,000

Total Notes issued .

3318,25,45*000

T O T AL

G A Z E T T E

2S2,31,25,000 75,27^16,000 2960,67^04,000 O F

R u p ee C o in . . . . .. 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 o t h er C o m-

I

mercial p a p er . . . ..

N D

I

A TOTAL LIABILITIES . . ..

3318,25*45,000

TOTAL ASSETS

3318,25,45,000

:

Dated the iotli day of April 1968.

A P R

L. K. JHA, a

I

L

Governor. t

2 0

,

[No. F. 3<3)-BC/68.^

1 9 6 8

V. SWAMLNATHAN, Under Secy,

/

C H A

I

T R A

3 1

,

i

8 9 0

T " 7 <

(Department of Revenue and Insurance)

INCOME-TAX

New Delhi, the 4th April 1908

S.O. 1374.—It is hereby notified for general Information that the Institution men- tioned below has been approved by the Indian Council of Medical Research, the "prescribed authority", for the purposes of clause (11) of sub-section (1) of section 35 of the Income-tax Act, 1961, (43 of 1961).

Institution

The Research Society, Grant Medical College & J. J. Group of Hospitals, Bombay.

[No. 25/F. No. 10/14/68-(AI).]

S.O. 1375-—In exercise of the powers conferred by sub-section (6) of Section 88 of the Income-tax Act, 1961 (431) of 1961, the Central Government hereby notifies Astakshari Kshetram, Badrinath, Uttar Pradesh, to be a place of worship of re- nown throughout the State of Uttar Pradesh.

[No. 26/F. No. 16/3/68-IT(AI).]

J. C. KALRA, Dy. Secy.-"

(Department of Revenue and Insurance)

ESTATE DUTY

New; Delhi, the 6th April 1988

S O. 1376.—The Central Government hereby renews the appointment of the undermentioned Valuers whose names were previously published as S.O. 477 in Part II Section 3(il) of the Gazette of India dated 13th February, 1965 for a further period of five years with effect from 3rd February, 1968,

2 The scale of charges for the remuneration of Valuers appointed by the Central Government for valuing any property shall be as fixed below and no such Valuer shall charge a fee at a scale higher than the scale so fixed:

Provided that where two or more properties are required to be valued:—

(i) by a Committee of Arbitration or by a third valuer in pursuance of a single order, or

(11) bv a Valuer, in pursuance of a single reference made by a Controller of Estate. Duty or at the instance of an accountable person,

all such properties shall be deemed to constitute a single unit of property for the purposes of fixing the fee payable to the Committee or the Valuer, as the, case may be:

Provided further that where the same property, or properties, required to be valued by the same Committee of Arbitration or, as the case may be, by the same Valuer is or are common to more than one case and the valuation, relates to the "ameSate the Committee of Arbitration or the Valuer shall be entitled to charge f^ at the scaleflxed below only in one case and in the remaining case or cases £l said Commfttee of Arbitration or Valuer shall be entitled to cW fees not exceeding rupees one hundred per case.

Scale of charges

On the first Rs. 50,000 of the property so valued . }• per cent tfihe value.

On the next Rs.i,oo,COO of the property 9o valued . 1/4 per cent of the value.

On the balance of property so valued . . . 1/8 per cent of the value.

3. Notwithstanding anything ^ ^ a i n ed in paragraph ^ the remuneration pay- able to a Valuer shall in no case be less than rupees flity.

APPENDIX

Name AddresB

SI. No.

I.—Engineers/ Surveyors/Architects

1.

SA/73, W. E. A., Pusa Road, Karol Bagh,

New DcIhi-5.

Shri Maithal K. C., B, Sc., A. I. S. M., A.M.I.M.M. (Lon.), M.M.G.L, M.I.S.E., F.G.M.S.

2. Shri Singh, Anant, B.Sc, C.E. (Hong.), C-109, South Extcnsion-II, New Delhi.

3. Shri Dcaai, M.G., B.A., Dip. Arch. (Lond.), "Saraswati", 1, Bharati Street, Balaji F.R.I.B.A., F.I.I.A.

Wagar, Royapcttah, Madras-14.

4.

Nina Road No. 1, Bhaktinagar, Rajkot-2.

Shri Dhruva, R.C., E.E., B.Sc, (Civil/ Engr.).

5. Shri Karra, J.R., B.E., A.M.I.E.

3-4-150, Lingampally, Hyderabad-27 (A P.)

(5. Shri Sabnis, M. B., B.Sc , f i l i ij ), B.E . 41, Hamam Street, Fort, Bombay-i.

(Civil), A.MJ.E. (Ind.).

Shri Subraimiatn, P.S., B.E., M.I.E. ,

!•

Managing Director, Gannon Dunkerley & Co. (Madras) Pvt. Ltd., G.D.C. Bldg., 19, Cathedral Road, Madras-6

•8. Shri Iswaran, V.A., B.E.

' Iswar Prasad", Dewan Bahadur Road, R. S. Puram Poat, Coimbatore-2,Madras.

11.—Accountants

•1. Shri Girgieya, B.D., G.D.A., F.C.A. . C Sargieya Niwas, Beawar.

. 2. Shri Bhatty, Alanjit Singh

C/o Sodhbana & Co., Commercial Buil- dinga, Mahatma Gandhi Road, Kanpur.

Shri Shah, Narandas M., F.C.A.

.3.

C/o Shah & Co., Chartered Accountants,

418, Kalbadevi Road, Bombay-2.

Shri Shah, Indulal H., F.C.A.

4.

C/o Shah& Co., 418, Kalbadevi Road,

Bombay-2.

III.—Specialists in Agriculture and Farm Valuation

1. Siici Ahuja, Arjan Singh, B.Sc, (Agr.) . £iupdt., Sri Ganga Mech. Farm &

Orchard, Sri Ganganagar (Raj.).

IV.—Actuary

SV; VJ.M, V.H., B.Sc, F.I.A. (Loud.) . 28, Altamount Road, Bombay-26,

V.—Tea Estates

Shri Roy, Amulya Charan .

1.

Manager, 'Katalguri Tea Estate, Katalguri P. O., Banarhat T. 0. and Rly. Station, Jalpaiguri (W.B.).

Manager, ^Tilka Tea Estate, P. O. Shri Chakravoriy, R.N.

2.

Lakhipur, Cachar, Assam.

[No. 13/F. No. 5/97/67-E.D.]

E, K. LYALL, Dy. Secy,

(Department of Revenue and Insurance)

Ntw Delhi, the 10th April 1968

S.O.1377— In pursuance of clause (c) of sub-rule (iB) of rule 126HH of the Defence of India Ruled, 1962, the Central Government hereby makes the following funher Emcnc'rr.enrs in the notification of the Government of India, Ministry of Finance (Depariment of Revenue and Insurance) S.O. N o. 3694, dated the 1st December, 1966, namely :—

In the said notification, in the Table bclcw the Note, after scnel number 23 and ihe entries relating thereto, the following shall be added, namely :—

(1) GO

(3)

"24 Assam Deputy Commissioner and Sub-Divisional

Officers."

[No. F. 3/25/67-GC I I]

JASJIT SINGH Jt.Secy.

MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION

(Department of Labour and Employment)

New Delhi, the 4th April 1968

S.O. 1378.—In exercise of the powers conferred by sub-section (3) of section 1 of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Govern- ment hereby appoints the 28th day of April, 1968 as the date on which the provi- sions of Chapter IV (except sections 44 and 45 which have already been brought Into force) and Chapters V and VI [except sub-section (1) of section 76 and aections 77, 78, 79 and 81 which have already been brought into force] of the said Act shall come Into force in the following areas in the State, of Madras, namely:—

The area comprised within the limits of the revenue villages of Odapalli Agraharam and Pallipalayam in Tiruchengode taluk, in Salem district.

[No. F. 13(14) /68-HL]

New Delhi, the 5th April 1968

S.O. 1379.—In pursuance of clause (e) of. sub-section (1) of section 3A of the Coal Mines Provident Fund and Bonus Schemes, Act, 194B (46 of 1948), read with sub-paragraph (1) of paragraph 9 of the Coal Mines Provident Fund Scheme and alter consultation with the recognised organisation of employers, the Central Government hereby appoints Shri Ram Mohan Agarwala as a mem- ber of the Board of Trustees, vice Shri Guru Pada Sen Gupta, 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, for the existing entry in the 1st column against 3erlal number 16, the following entry shall be substituted, namely: —

"Shri Ram Mohan Agarwala, Ashok Nagar, P.O. Dhansar (Dhanbad)."

[No. 4(3)/67-PF.L]

S.O. 1380.—In pursuance of clause (b) of section 4 of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government hereby nominates Shri B. S. Murthy, Deputy Minister m the Ministry of Health, Family Planning and

Urban Development as the Vice Chairman of the Employees' State Insurance £ P T£ thn Vt°^Shr Sl Chandrasekhar, and makes the following further ameSd- m the notification of the Government of India in the Ministry of Labour, Sn f nP? & Ye^a. ?d + .R e£ato£tation (Department of Labour and Employment) No b.O. 2551 dated the 9th August, 1966, namely: —

In the said notification, under the heading "Vice Chairman" for the entry against item 2, the following entry shall be substituted, namely:—

"Shri B S. Murthy, Deputy Minister in the Ministry of Health Family- Planning and Urban Development, Government of India".

[No. F. 3/5/68-HI.]

SO. 1381.—In exercise of the powers conferred by sub-section (3) of section 1 of the Employees' State Insurance Act, 1MB (34 of 1948), the Central Govern- ment hereby appoints the 14th day of April, 1968 as the date on which the provi- sions of Chapter IV (except sections 44 and 4fj which have already been brought into force) and Chapters V and VI [except sub-section (1) of section 70 and sec- tions 77, 78, 79 and 81 which have already been brought into force] of the said Act shall come into force in the following areas in the State of Rajasthan, namely:—

Town Bhawani Mandi, Tehsil Pach Pahar, District Jhalawar in the State of Rajasthan.

[No, F. 13(15)/68-HI."J

New Delhi, the 8th April 1968

S-O. 1382.—Whereas the State Government of Punjab has, in pursuance of Clause (d) of section 4 of the Employees' State Insurance Act, 1948 (34 of 1948), nominated Mrs. Serla Grewal, Secretary to the Government of Punjab, Medical and Health Department, Chandigarh to represent that State on the Employees' State Insurance Corporation In place of Shrl I. C. Purl;

Now, therefore, in pursuance of section 4 of the Employees' State Insurance Act. 1948 (34 of 1948). the Central Government hereby makes the following further amendment in the notification of the Government ot India in the Ministry of Labour, Employment and Rehabilitation No- SO- 2551, dated the 9th August,. I960, namely :—

In the said notification, under the heading "[Nominated by the State Govern- ments under clause (d), of section 4]", for the entry against item 18, the following entry shall be substituted, namely :—

"Mrs. Serla Grewal, jSecretary to the Government of Punjab, Medical and Health Department, Chandigarh"-

[No. F. 3/18/86-HL]

S.O. 1383.—In exercise of the powers conferred by sub-section (2) of section 5D of the Employees' Provident Funds Act, 1952 (19 of 1952) and in supersession of the notification of the Government of India in the Ministry of Labour, Employ- ment and Rehabilitation (Department of Labour and Employment) No. S-O. 1601, dated the 26th April, 1967, the Central Government hereby appoints Shri Y- Sivasankara Reddy as Regional Provident Fund Commissioner in place of Shri K. A- Ansarl for the whole of the State of Andhra Pradesh and the Yanam area of the Union territory of Pondieherry, to assist the Central Provident Fund Commissioner in the discharge of his duties,

[No. 17(81)/65-PF-I(i).]

S.O. 1384-—In exercise of the powers conferred by sub-section (1) of section 13 of the Employees' Provident Funds Act, 1952 (13 of 1952) and in supersession of the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No- 1602, dated the 26th April, 1967, the Central Government hereby appoints Shri Y. Sivasankara Reddy to be an Inspector for the whole of the State of Andhra Pradesh and the Yanam area of the Union territory of Pondicherry, for the purposes of the said Act and of any scheme framed thereunder, in relation to any establishment belonging to, or under the control of, the Central Government, or in relation to any establishment connected with a railway company, a major port, a mine or an oilfield, or a controlled Industry.

[No. 17.(81)'/65-PF-I(ii).]:

New Delhi, the nth April 1968

S.O- 1385.—Whereas it appears to the Central Government that the employer and the majority of the employees in relation to the establishment known as Messrs Singh Engineering Company, Purulia Road, JawahaT Natjar, Road No. 7. Mango, Jamshedpur (Bihar) have, agreed that the provisions of the Employees' Provident Funds Act, 1952 (19 of 1952), should be made applicable to the said establishment;

Wow, therefore, in exercise of the powers conferred by sub-section (4) of section 1 of the said Act, the Central Government hereby applies the provisions of the said Act to the said establishment.

This Notification shall be deemed to have come into force on the 30th day of June, 1997.

[No. 8/22/68-PF.II.] S.O. 1386.—Whereas it appears Iq the Central Government that the employer and the majority of the employees in relation to the establishment known as Messrs Globe-United Engineering and Foundry Company Limited, Globe House. 1/2, Link Road, New Delhi-1 have agreed that the provisions of the Employees' Provident Funds Act, 1952 (19 of 1952), should be made applicable to the. said establishment;

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 1 of the said Act, the Cejitral Government hereby applies the provisions of the said Act to the said establishment.

This Notification shall be deemed to have come into force on the 31st day of August, ]967.

[No. 8/48/68/PF-IL]

S.O. 1387.—Whereas it appears to the Central Government that the employer and the majority of the employees in relation to the establishment known as The Crystal Ice and Minerva Aerated Water Works, Warangal-2 (Andhra Pradesh) have agreed that the provisions of the Employees' Provident Funds Act, 1952 (19 of 1962), should be made applicable to the said establishment;

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 1 of the. said Act, the Central Government hereby applies the provisions of the said Act to the said establishment.

This Notification shall come into force on the 31st day of March, 1968.

[No, 8/55/68-PFIL]

New Delhi, the 15th April 1988

S.O-I383—In exirclse of th: pawers conferred by section 73F of the Employees' State I.UUrai^i Act, 19-p (34 of 194.8), ths Central Government, havinjj regard to the location of the ft^ories apjcifbd in th; Schedule hereto annexed in aparse area3 in the State of Madras, hereby e

SCHEDULE

Name of the Factory Name of the

Name of Area

Serial No. District

1

Supreme spinners, Oraikalpalayam, Coimbatore

Masagoundanchetti

Kunnathur P.O.

2

Palayam. Ttmckalay .

Kanyakumari

. General Industries, 3/7-18, Kolla- mvillai, Office Main Road.

(0 M/s. Southern Asbestos Ce- 3 North Arcot

Arkonam

ments Ltd.j Ammanur.

(if) Shrce Balajee Venkatcswara \ Engineering Worksj Winter-

pet.

(lit) National Agricultural and Diesel Industries, G-2, Indus- trial Estate.

Nam: of Area

Name of the Factory -.Ssrial No.

Nam: of the District

North Arcot Ramnad .

. Sholingur . Perumaipatti

4 5

Sholingur Textiles Ltd. The Ramaraja Surgical Cotton MlUs Ltd., 119, P.S.K. Nagar, Samusigapuram Road.

6

Vridachalam

S

South Arcot Tirimelvcli

. Vitalapuram Koilpatti

Government Regional Press. Raja Rajcswari Tile Works, Sri-

vaikumtam Taluk,

Tiruvulveli

. Valliyoor

General Purpose Engineering Work- 9

shop.

[No. F. 6/27/68/HI.]

SO. 1389.—Whereas It appears to the Central Government that the employer and the majority of the employees In relation to the establishment known as Messrs. Btnu Engineering Works, 119/A, Narkeldanga North Road, Calcutta-11 have agreed that the provisions of the Employees' Provident Funds Act, 1932 {19 of 1952) should be made applicable to the said establishment;

Now, therefore, in exercise of the powers conferred by sub-section (4) of .section 1 of the said Act, the Central Government hereby applies the provisions

of the said Act to the said establishment.

This Notification shall come into force on the 30th April, 1&68.

[No. 8/68/68-PF. II-]

S.O.i39".^-In exercise of th: p.iwjrs conferred by section 73F of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government having regard to the location of the factories sp-ci(i;d ia the Schedule hersto annexed, in sparse areas In the State of Punjab, hereby exemptB the said factories from the payment of ths employer's special contribution leviable under •Chiprer VA of the said Act until the enforcement of the provisions of Chapter V of the said Act in these areas :—

SCHEDULE

Name of the Factory

Ni.-ne of District

' j Name of Area

.'S-r'ai No.

1

M/s. Bharat Straw Factory, Village Ambala .

Yamnanagar

Pansara. N

2

M/s. Jai Bharat Steel Rolling Mills

Jaitu

Ferozepur .

EShatinda.

CO M/s. B.C.F. Finance and Hissar

3

Sirsa

Industries Limited.

Hissar

Ulkana Mandi

4,

(n) M/s. Gapi Ghand Textile Mills^ M/s. Ganpat Rai Banarsi Dass, Cotton Ginning Dal Factory. . M/s. Birla Mills Ginning and Hissar

5

Fateh Abad

Pressing Factory.

•6

. M/s. Punjab Bone Mills, Near Jullundur .

Chihcru

Railway Station.

7 Jullundur .

Banga

3 JlllluHllUT .

Nurpur

M/s. Rayat Boring and Engineering Works, Village and P.O. Nurpur . . M/s. Agricultural Engineering Works, Village and P.O. Nurpur. . M/s. Saraswati Iron Foundrv En-

Smalkha

Kiirnal

9

gineering Works.

. M/s. Shakti Oil and Cotton Mills 10

Jangpura

Luihiarifl

P.O. Mullan Pur.

Name of Area

Name of District

Name of the Factory Serial No.

Ludhiann .

Samrala

. M/s. Public Engineering Works,, II

Chandigarh Road.

12

. M/s. Nav Bharat Banaspati and Ludhiana

Doraha

Patiala

Amloh

Allied Industries. M/a, United Steel Industries.

13

M/g. Service Iron and Steel Rolling Rupar

Morinda

14

Mills.

15 Union Territory

Chandigarh .

M/s. Indian Drilling Parts Manu- facturing Works, Mrini Majra..

[No. F. 6(9)/68-HI-I.l

SO. 1391.—Whereas the Central Government was satisfied that 1. M/ff.. Malwa Engineering Works; 2. M/s. Malwa Hosiery Factory; 3. M/s. Ganga Blshen. and Sons; 4. M/s. Romesh Roller Flour Mills; 5. M/s. Indian National Industries were situated in. Moga area which was a sparse area (that is, an area whose insurable population was less than 500) in the district of Ferozepur in the State of Punjab;

And, whereas by virtue of their location in a sparse area, the aforesaid factories were granted exemption from the payment of the employers' special contribution under section 73-F of the Employees' State Insurance Act, 1948^ (34 of 1S48) until enforcement of the provisions of Chapter V of the Act in that' area by the Central Government by the notification of the Government of India In tho late Ministry of Labour and Employment No- S-O- 135, dated the 5th January, 1962;

And, whereas the Central Government is now satisfied that the insurable population of the Moga area in the district of Ferozepur in the State of Punjab has now exceeded 500, and it is no longer a sparse area;

Now, therefore, in exercise of the powers conferred by section 73-F of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government hereby makes the following further amendments in the said notification, namely :—

In the schedule to the said notification, in the entries against serial No. 4 relating to Ferozepur, the entry "Moga" in column 3 and the entries relating thereto in column 4 shall bo omitted.

[No. F. 0/9i/e8-HI-IL]

S.O. 1392,—Whereas the Central Government was satisfied that Punjab Road- ways Workshop was situated in Moga area which was a sparse area (that is, an area whose insurable population was less than 500) in the district of Ferozepur in the State of Punjab;

And, whereas by virtue of its location in a sparse area, the aforesaid factory was granted exemption from the payment of the employers' special contribution unde- section 73-F of the Employees' State Insurance Act, 1948 (34 of 1948) until enforcement of the provisions of Chapter V of the Act in that area by the Central Government by the notification of the Government of India, Department of Social Security No. S.O. 3444, dated the 18th September, 1964;

And whereas by virtue of its location in a sparse area, the aforesaid factory population of the Moga area in the district of Ferozepur in the State of Punjab has now exceeded 500, and it is no longer a sparse area;

Now therefore in exercise of the powers conferred by section 73-F of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government hereby makes the following amendment in the said notification, namely :—

In the schedule annexed to the said notification, serial No. 2 and the entries relating thereto in columns 2, 3 and 4 shall be omitted-

[No. T. 6/9/68-HI-III.J

S.O. 1393.—Whereas the Central Government was satisfied that M/s. Jal Bajrang Nail Industries was situated in Moga area which was a sparse area (that is, an area whose insurable population was less than 500) in. the district of Fer^zepur in the State of Punjab;

And, whereas by virtue of its location in a sparse area, the aforesaid factory was granted exemption from the payment of the employers' special contribution under section 73-F of the Employees' State Insurance Act, 1948 (34 ofl 1948) until enforcement of the provisions of Chapter V of the Act in that area by the Central Government by the notification of the Government of India in the Depart- ment of Social Security No. SO. 1313, dated the 17th April, 1965;

And, whereas the Central Government is now satisfied that the insurable population of the Moga area in the district of Ferozepur in the State of Punjab has now exceeded 500, and it is no longer a sparse area;

Now, therefore, in exercise of the powers conferred by section 7'3-F of the Employees' State Insurance Act," 1948 (34 of 1948), the Central Government hereby makes the following amendment in the said notification, namely :—

In the schedule annexed to the said notification, in serial No. 3 relating to Ferozepur, the entry relating to Mofia in column 3 and the entry there-against in column 4 shall he omitted,

[No. F. 6/9/68-HI-IV.]

S.O. 1394.—Whereas the Central Government was satisfied that M/s- Bharat Engineering Works was situated in Moga area which was a sparse area (that is, an. area whose insurable population was less than 500) in the district of Ferozepur in the State of Punjab;

And. whereas by virtue of its location in a sparse area, the aforesaid factory was granted exemption from the payment of the employers' special contribution under section 73-F of the Employees' State Insurance Act, 194B (34 of 1948) until enforcement of the provisions of Chapter V of the Act in that area by the Central Government by the notification of the Government of India In the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O. 3026, dated the 22nd August, 1967;

And, whereas the Central Government is now satisfied that the Insurable population of the Moga area in the district of Ferozepun in the State of Punjab has now exceeded 500, and it is no longer a sparse area;

Now, therefore, in exercise of the powers conferred by section 73-F of the Employees' State Insurance Act. 1948 (34 of 1948), the Central Government hereby makes the following amendment in the said notification, namely: —

In the schedule annexed to the said notification serial No. 1 relating to Ferozepur and entries there-against in column 3 and 4 shall be omitted.

[No. F. 6/9/68-HI-VL]

New Delhi, the 16th April 1968

SO 1395 —In exercise of the powers conferred by subsection (3) of section 1 of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government hereby appoints the 21st day of April, 1968 as the date on which the provisions of Chapter IV (except sections 44 and 45 which have already been brought Into force) and Chapters V and VI [except sub-section (1) of section 76 and sections 77 78 79 and 81 which have already been brought into forccl of the said ^ct shall come into force in the following areas in the State of Kerala, namely: —

The area comprising the revenue village of Kothakulangara North in the Always Taluk in the Ernakulam District in the State of Kerala.

[No. F. 13(16)/68-HL]

DALJIT SINGH, Under Secy.

(Department of Labour and Employment)

New Delhi, the 16th April 1968

S.O. 1396—The following draft of a scheme further to amend the Vizagapatam Dock Workers (Regulation of Employment) Scheme, 195$, which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) of section 4 of the Dock Workers¹ (Regulation of Employment) Act, 1948 (9 of 1948), Is published as required by the said sub-section ifor the :lnformation of all persons likely to be affected thereby; and notice Is hereby given that the said draft will be taken into consideration on or after the 30th April, 1968.

Any objections or .suggestions which may be received from any person with respect to the said draft before the date so specified will be taken into consider- ation by the Central Government.

Draft Scheme

1. This Scheme may be called the Vizagapatam Dock Workers (Regulation :f Employment) Amendment Scheme, 1968.

2. In clausa 34 of the Vizagapatam Dock Workers (Regulation of Employment) .•Scheme, 1959, for the figure and words "8 holidays with pay", the figure and words "9 holidays with pay" shall be substituted.

[No. 56/2/fl8/Fac II.]

S.O. 1397.—In exercise of the powers conferred by sub-section (1) of section 4 •of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), the Central Government hereby makes the following further amendment in the -Calcutta Unregistered Dock Workers (Regulation of Employment) Scheme, 1057, the same having been previously published as required by the said sub-section, namely :—

"1. (1) This Scheme may be called the Calcutta Unregistered Dock Workers (Regulation of Employment) First Amendment Scheme. 19M-

(2) It shall come Into force on the date of its publication in the Official Gazette.

2. In the Calcutta Unregistered Dock Workers (Regulation of Employment) Scheme, 1957, after clause 8, the following clause shall be inserted, namely: —

8-A. Restriction on Listing of Employers—Notwithstanding anything contained In clause 8, the following classes of persons shall not be eligible for being listed as employers under this Scheme, namely :—

(a) persons who are not citizens of India; (b) firms, one or more partners of which is, or are, not citizen or citizens

of India; and

(c) companies, the majority of the shareholders whereof are not citizens

of India.

(21 Notwithstanding anything contained in this Scheme if any of the persons referred to In sub-clause (1) has been 'listed under this Scheme before the commencement of the Calcutta Unregistered Dock Workers (Regulation of Employment) Amendment Scheme, 1968, his name shall be removed from the list of employers after the .expiry of three months from such commencement; unless, during' such period, he obtains permission in writing from the competent civil authority appointed under clause (2) of paragraph 2 of the Foreigners Order, 1948, for his name being retained in such list and produces the same to the Board :

Provided that before refusing any such permission, the civil authority shall give a reasonable opportunity to the employer of being heardlf!

[No. 529/28/63-Fac.II.J

S-O- 1308.—The Hollowing draft of a scheme further to amend the Mormugao Dock Workers (Regulation of Employment) Scheme", 1065, which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) of section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948). is published as required by the said sub-section for the information of all persons likely to be aifected thereby; and notice is hereby given that the raid draft will be taken into consideration on or after the 27th April, 1968.

Any objections or suggestions which may be received from any person with respect to the said draft before the date so specified will be taken into consi- deration by th6 Central Government.

Draft Scheme

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

2- In the Mormugao Dock Workers (Regulation of Employment) Schmee, 1965 after clause 46, the following new clause shall be inserted:—

"46-A. Special provision \n respect vf workers involved in criminal charges:

Notwithstanding anything contained in the Scheme—

(i) A worker arrested or detained by the police on a criminal charge (hereinafter referred to as the 'charge*") for a period exceeding 48 hours shall be deemed to have been suspended by an order of the Deputy Chairman with effect from the date of detention and shall remain under suspension until further orders. In cases of arrest or detention for a period not exceeding 48 hours the worker may be placed under suspension, if the Deputy Chairman thinks fit and proper.

(ii) If the worker is released on bail the question whether the worker should be allowed to resume duty shall be considered by the Deputy Chairman. While permission to resume duty may be granted where the offence is a trivial or technical one, no such permission shall be granted if there is a serious charge particularly involving moral turpitude, and the decision of the Deputy Chairman shall be- final.

(iii) In every such case the Administrative Body shall also ascertain, whether the charge relates to his work or position as a dock worker. If the worker appears to be prima facie guilty of misconduct or negligence of duty he should also be proceeded with in accordance with the provisions of the scheme, and such proceedings may ordi- narily be undertaken and continued without waiting for the outcome of the Criminal Case.

(lv) In cases where the charge does not relate to the conduct of the worker as a dock worker, no decision shall be taken uli the decision of the criminal court is known. As soon as the decision of the court is known it shall be communicated to the Deputy Chairman for the issue of orders as to how the worker is to be dealt with,

(v) If the worker is discharged or honourably acquitted by the Court he shall ordinarily be allowed to resume duty, the period under sus- pension being treated as a period on duty.

(vi) If the worker is convicted of a charge which is considered to be of such a nature as to render his further continuance as a dock worker undesirable the Deputy Chairman may on taking into account the actf and circumstfncefof the case direct the removal o the name of the worker from the Register. In any other case, the. Deputy Chairman may pass such orders as he thinks fit and proper.

[No. 53122|67|Fac.IL]

New Delhi, the 8th April 1968

S O 1399 In pursuance of Section 17 of the Industrial Disputes Act 1947 (14'

which was received by the Central Government on 1st April 1968.

.BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY.

REFERENCE NO. CGIT-18 OF 1966

pAKTiEg:

Employers in relation to Messrs- Madura Company Private Ltd.. Cochin.

AND

their workmen.

PRESENT:

Shri A. T. Zambre, Presiding Officer.

APPEARANCES:

For the employers—Shri V. Desikan of Messrs. Menon and Pai. Advocates. For the workmen.—Shri T- C. N. Menpn, Advocate-

STATE; Kerala.

INDUSTRY: Ports and Docks.

Bombay, the 28th March 1968-

AWARD

The Government of India In the Ministry of Labour and Employment have by their order No. 2fl(21)/66-LRIV, dated 15th March 1966 referred to this Tribunal for adjudication in the industrial dispute between the employers in relation to Messrs. Madura Company Private Limited, Cochin and their workmen in respect of the matter speciiied in the following schedule: —

(l)"Whether the Steamer Tally Clerks employed by Messrs. Madura Com- pany Private Limited, Cochin 1, are entitled to payment of bonus for the accounting year from 1st April 1964 to 31st March 1965? If so to what extent?

(2) To what other reliefs are they entitled?"

2- The circumstances under which this reference has come to be filed are as ' follows: —

3. The tally clerks employees of Messrs. Madura Cpmpany Private Ltd., Cochin 1, had made a demand for bonus to the management for the accounting year 1st April 1964 to 31st March 1965 but as the management refused to pay the bonus the employees referred the matter through their union to the Conciliation Officer but the conciliation efforts ended in failure and hence this reference.

4. The union by its statement of claim has contended that the workmen—ihe tally clerks—employed by the management are the members of their union. They had made a demand for bonus to the management for the accounting year from the 1st April 1964 to 31st March, 1865 and they were entitled to the same under the Payment of Bonus Act, 1965, and from the information available the company was liable to pay to the tally clerks a bonus of 20 per cent of their total earnings for that year. They have further contended that they were required to take the matter before the Conciliation Officer and hence In addition to the bonus the company was liable to pay interest at the rate of Rs- 25/- to each.

5. The management by its statement in reply denied the workmen's claim. It has alleged that there is no relationship of employer and employee between the company and the workmen. The workmen were independent contractors engaged for tallying occasionally and there was no question of any right of claiming bonus for them- It has been further contended that under the Payment of Bonus Act, 1965 the liability to pay bonus arises only within a month of a settlement or an award in respect of a dispute and there was no question of any interest to be paid by way of compensation. In the alternative they have contended that the working results of the company will not enable bonus to be paid at 20 per cent and if the Tribunal held that the workmen were entitled to the bonus the same would have to be considered on the basis of the accounts of the company which would be produced at the appropriate time.

fi. After various adjournments when the matter came up for hearing in this sittinc of the Tribunal at Ernakulam the parties negotiated the dispute and finally submitted an amicable settlement and have requested the Tribunal to accept the same and pass an award in the terms incorporated. The settlement has been produced as annexure 'A' to this award. The settlement is signed by both the

parties and their Advocates- By this settlement it is agreed that the workmen™ the tally clerks In question should get bonus for the accounting year from 1st April 1964 to 31st March 1965 at the same rate at which it was paid to the head load labour employed by the company at Willingdon Island. The workmen are to be paid bonus in the same way as the other labourers are paid. Clearly the settlement is fair and reasonable and there is no reason why the same should not be accepted- Hence my award according to the terms of settlement annexure 'A' which shall iorm part of this award. No order as to costs-

Sd/- A- T. ZAMBRE,

Presiding Officer,

Central Government Industrial Tribunal,

Bombay-

ANNEXURE BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY. REFERENCE NO. CGIT-16 or 1966

PARTIES :

Employers in relation to M/s. Madura Company Private Limited, Cochin.

AND

their workmen-

Joint Memorandum of Settlement Filed by the Parties to the Dispute

The parties to the above have settled the same on the following terms and it -Is prayed that the Hon'ble Tribunal be pleased to accept the same and pass an award accordingly: —

1 The Tally Clerks in question will be paid for the year 1964-65 bonus at the rate at which it was paid to the head load labour employed by the Company on Willingdon Island.

2 This settlement is entered into without prejudice to the contentions of parties- Dated this the 4th day of March ^ 9 6 3 .^ ^^ ^ .^ ^

.Advocate for the management. Manager

Advocate for the Union.

F or C o c h-n D o c ]£ T a l ly C l e l ks

Association..

Sd/- President.

[No. 28(21)/66-LRIV.] SO 1400—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY REFERENCE NO. CGIT-13 OF 1966

Employers in relation to Messrs. Matheson Bosanquet and Company Limited, Cochin

AND

Their workmen.

PRESENT:

Shri A. T. Zambre, Presiding Officer.

For the emplvyers^Shvi V. Desikan of Messrs. Menon and Pal, Advocates. For the workmen—Shrl T. C. N. Menon, Advocate.

STATE: Kerala.

INDUSTRY: Ports and Docks Bombay dated the 23th March, 1968

AWARD

for adjudication the industrial dispute between the employers in relation to Messrs Matheson Bosanqqet & Co. Ltd., Cochin and their workmen in respect of the matter- specified in the following schedule:—

SCHEDULE

"Whether the steamer tally clerks of M/s. Matheson Bosanquet and Com- pany Ltd., Cochin, are entitled to the payment of bonus for the accounting year ended 31st December 1964? If so, the quantum of bonus payable to them?"

2. The circumstances under which this reference has come to be filed are as follows:—

3. The tally clerks employees of Messrs, Matheson Bosanquet & Co. Ltd., Cochin 1, had made a demand to the management for bonus for the accounting year ended on 31st December 1964 but as the management refused to pay the bonus the employees represented the matter to the Conciliation Officer through their union, But the conciliation efforts ended in failure and hence the reference.

4. The union by its statement of claim has contended that the workmen—the tally clerks—employed by the management are the members of their union. They had made a demand for bonus to the management for the accounting year ended 31st December 1964 and they were entitled to the same under the Payment of Bonus Act, K65, and from the information available the. company was liable to pay to the tally clerks a bonus of 20 percent of their total earnings for that year, They have further contended that they were required to take Lhe matter before the Conciliation Officer and hence in addition to the bonus the management was liable to pay interest at the rate of Rs, 25 to each.

5. The management by its statement In reply denied the workmen's claim, It has alleged that there is no relationship of employer and employees between the company and the workmen. The workmen were independent contractors engaged for tallying occasionally and there, was no question of any right of claiming bonus for them. It has been further contended that under the terms of the Payment of" Bonus Act, 1E-65 the liability to pay bonus arises only within a month of a settle- ment or an award in respect of a dispute and there was no question of any interest to be paid by way of compensation. In the alternative they have cuntended that the working results of the company will not enable bonus to be paid at 20 per cent and if the Tribunal held that the workmen were entitled to the bonus the same would have to be considered on the basis of the accounts of the company which would be produced at the appropriate time.

6. After various adjournments when the matter came up for hearing in this sitting of the. Tribunal at Ernakulam the parties negotiated the dispute and' finally submitted an amicable settlement and have requested the Tribunal to accept the same and pass an award in. the terms incorporated. The settlement has been produced as annexure 'A' to this award. The settlement is signed by both the parties and their Advocates. By this settlement it is agreed that the workmen— the tally clerks in question should .j?et bonus for the year ended 31st December 1964 at the same rate at which it was paid to the head load labour employed by the, company at Willingdon Island. The workmen are to be paid bonus in the same way as the other labourers are paid. Clearly the settlement is fair and reasonable and there is no reason why the same should not be accepted, Hence my award according to the terms of settlement annexure "A" which shall form- part of this award.

No order as to costs.

(Sd.) A. T. ZAMBRE,

Presiding Officer,

Central Government Industrial Tribunal, Btanbajt.

ANNKXUHE 'A' BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL. BOMBAY

REFEHENCE NO. CGIT-13 OF 1966

PARTIES:

Employers In relation to M/s. Matheson Bosanquet and Co, Ltd., Cochin

4ND

their workmen.

Joint Memorandum of Settlement Filed by the Parties to the Dispute

The parties to the above have settled the same on the following terms and it is prayed that the Hon'tale Tribunal be pleased to accept, the same and pass an award accordingly:—

h The Tally Clerks in question will be paid bonus for the year ended 31st December 1964 at the rarte at which it was paid to the head load labour employed by the Company on Willingdon Island.

2. This Settlement is entered into without prejudice to the contentions of parties.

Dated ihis the 4th day of March, 1968.

Sd/- Advocate for the Management. Sd/- Advoc l\' e for the Union.

For MATHESON BOSANQUET & Co- LTD.

Sd/- Manager.

For COCHIN DOCK TALLY CLERKS' ASSOCIATION.

Sd/-

[No. 28(27)/e6-UEUV.]

S.O, 1401.—In pursuance of Section 17 of the Industrial Disputes Act, 1847 (14 of 1947) the Central Government hereby publishes the following award of the Indugtrial Tribunal Bpmbay in the industrial dispute between, the employers in relation to Messrs A. V. Thomas and Company, Limited, Cochin and their workmen, which was received by the Central Government on 1st April, 1968.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY.

REFHRBINCE NO. CGIT-23 OF 19fi6

PARTIES;

Employers in relation to M|s, A. V. Thomas and Co. Ltd., Cochin

AND

their workmen.

pRKSENT;

Shri A. T. Zambre, Presiding Officer,

APPEARANCES;

For the employers.—Shri V. Desikan of Messrs Menon and Pai, Advocates. For the workmen— Shri T. C. N. Menon and Shri P. Sankarankutty, Advocates

State.—Kerala. STATE:Kerala.

INDUSTRY; Ports and Docks-

Bombay, the 28th March 1988

AWARD

Thr Government of India in the Ministry of Labour and Employment have by their Ordir No 28(18)166 LRIV, dated 2Rth March, 1966 referred to this Tribunal for adjudication the industrial, dispute between the employers in relation to

Messrs. A. V. Thomas & Co. Ltd., Cochin 3 and their workmen in respect of the matter specified in the following schedule:—

SCHEDULE

"Whether the following five steamer tally clerks employed by Messrs. A. V. Thomas and Company Ltd,, Cochin 3 are entitled to bonus for the accounting year ended 31st December, 1934? If so, what should be the quantum of bonus ?

(1) Shri George Fereero.

(2) Shri N. V. John.

(3) Shri D. A. Fernandez.

(4) Shri P. A. Raphael.

2. The circumstances under which this reference has come to be filed are as follows:—

3- The tally clerks employees of Messrs- A. V. Thomas and Company Ltd-, Cochin 3 had made a demand for bonus to the managemnt for the accounting year 1964 but as the management refused to pay the bonus the employees referred the matter through their union to the Conciliation Officer but the con- ciliation efforts ended in failure and hence this reference-

4. The union by its statement of claim has contended that the workmen—the tally clerks—employed by the management are the members of their union. They had made a demand for bonus to the managemnt for the accounting year ended 31st December, 1964 and they were entitled to the same under the Pay- ment of Bonus Act. 1995 and from the information available the company was liable to pay to the tally clerks a bonus of 20 per cent of their total earnings for that year They have further contended that they were required to take the matter before the Conciliation Officer and hence the management in addition to the bonus was liable to pay interest at the rate of Rs. 25 to each-

5 The management by its written statement in reply denied the workmen's claim. It has alleged that there, is no relationship of employer and employee between the company and the workmen- The workmen were indepen- dent contractors engaged for tallying occasionally and there was no question of any right of claiming bonus for them. It has been further contended that under the terms of the Payment of Bonus Act, 1965, the liability to pay bonus arises only within a month of a settlement or an award in respect of the dispute and there was no question of any interest by way of compensation. In the alter- native they have contended that the working results of the compnny will not enable bonus to be paid at 20 per cent and if the Tribunal held that the work- men were entitled to the bonus the same would have to be considered on the basb of the accounts of the company which would be produced at the appropriate time.

6 After various adjournments when the matter came up for hearing In this sitting of the Tribunal at Ernakulam the parties negotiated the disnute and finally submitted an amicable settlement and have requested the Tribunal to accept the same and pass an award in terms incorporated. The settlement has been produced as annexure A to this award. The settlement is signed by both the parties and their Advocate. By this settlement it Is agreed that the work- men—the tally clerks in question should get bonus for the year ending 31st December 1964 at the same rate at which it was paid to the head load labour employed by the company at Willingdon Island. The workmen are to be paid bonus in the same way as the Other labourers are paid. Clearly the settlement is fair and reasonable and there is no reason why the same should not be accept- ed Hence my award according to the terms of settlement ennexure "A" which shall form part of this award.

No order as to costs.

(Sd.) A. T. ZAMBRE.

Presiding Officer,

Central Govt. Industrial Tribunal, Bombay.

ANNEXURE 'A'

BEFOBE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY.

REFERENCE NO. CfJiT-23 OF 1966

PARTIES :

Employers in relation to M/s. A. V. Thomas & Co. Ltd-, Cochin.

AND

their workmen,

Joint Memorandum of Settlement Filed by the Parties to the Dispute. The parties to the above have settled the same on the following terms and it is prayed that the Hon'ble Tribunal be pleased to accept the same and pass an award accordingly:—

1. The; Tolly Clerks in question will be paid bonus "Cor the year ended 31st December, 1964 at the rate at which it was paid to the head load labour employed by the Company on Willingdon Island.

2. The settlement is entered into without prejudice to the contentions of parties.

Dated this the 4th day of March 1968.

For A- V. THOMAS & COMPANY LTD-,

Sd.|- Branch Manager.

Sd.|- Advoeato for the Management. For COCHIN DOCK TALLY CLERKS' ASSOCIATION-

Sd.|- Advocate for the Union.

Sd.|-

President. [No. 28/18/66-LR'IV.]

S.O. 1402.—Tn 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, Bombay In the Industrial Dispute between the employers In relation to Messrs Aspinwall and Company Limited, Cochin and their workmen, which was received by the Central Government on 1st April, 1968.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY

REFERENCE NO. CGIT-22 OF 1966

PARTIES :

Employers in relation to Messrs- Aspinwall & Co. Ltd., Cochin

AND

their workmen

PRESENT ;

Shri A. T. Zambre—Presiding Officer-

APPKAHANCES :

For the Employers—Shri V, Deslkan of Messrs Menon and Pai, Advocates, For the Workmen—Sbri T. C- N. Menon and Shri P, Sankarankutty, Advocates-

STATE : Kerala-

INDUSTRY : Ports and Docks- Bombay, dated 28th March 1968

AWARD

The Government of India in the Ministry of Labour and Employment have by their Order No. 28(19)/66-LRIV, dated 28th March, 1966 referred ;to this Tribunal for adjudication the industrial dispute between the employers in relation to

Messrs. Aspinwall and Company Ltd., Cochin and their workmen in respect of the matter specified in the following schedule ;—

SCHEDULE

"Whether the following 16 Steamer Tally Clerks employed by Messrs. Aspinwall and Company Limited dochln-1 are entitled to bonus ior the accounting year 'ending on the Slst December 1964 under the Payment of Bonus Act, 1965? If so, what should be the quantum of bonus?

(1) Shri N. S- Fernandez. (2) Shrl A. D. Cuntha. (3) Shrl V. Roux- (4) Shri S ,T. Fernandez. (5) Shri R. V. Kinl. (6) Shrl K. J. Fernandez. (7) Shri K. A. Fernandez. (8) Shri K. .1. George. (9) Shri C- Xavier- (10) Shri C. P. Jon.. (11) Shri Andrews Joseph- (12) Shri A. .JoKsph- (13) Shri S. Raj am Iyer. (14) Shrl A- M. Frankline (15) Shri J. S. Fernandez. (16) Shrl F. Cameil.

2. The circumstances under which this reference has come to be filed are as follows :—

3- The tally clerks employees of Messrs. Aspinwall & Company Limited, Cochin, had 'made a demand lor bonus to the management for the accounting year ended 31st December 1964 but as the management refused to pay the bonus the employees referred the matter through their union to the Conciliation Officer but the conci- liation eflorts ended in failure and hence this reference-

4. The Union by its statement of claim hag contended that the workmen-- the tally clearks—employed by the management are the members of their Union. Thoy had marie '' rlemanri ior bonus to the management for the accounting year ended 31st December ]9(i4 and they were entitled to the same under the Pay- ment of Bonus Act, 1960 and from the information available the company was liable to pay to the tally clerks a bonus of 20 per cent off their total earningH for that year. They have further contended that they were required to take the matter before the Conciliation Officer and hence in addition to the bonus the company was liable to pay interest at the rate of Rs. 25 to each.

5. The management by its written statement in reply denied the workmen's claim. It has alleged that there is no relationship of employer and employee between the company and the workmen. The workmen were independent con- tractors engaged for tallying occasionally and there waa no question of any right of claiming bonus ior them. It has been further contended that under the Payment of Bonus Act, 1965, the liability to pay bonus arises only within a month of the settlement or award in respect of the dispute and there was no question of any interest to be paid by way of compensation. In the alternative they have contended that the working results of the company will not enable boriuK to be paid a-L 20 per cent and if the Tribunal held that the workmen were entitled to the bonus the same would have to be considered on the basis of the accounts of the company which would be produced at the appropriate time.

6. After various adjournments when the matter came up for hearing in this sitting of the Tribunal at Ernakulam the parties negotiated the dispute and finally submitted an amicable settlement and have requested the Tribunal to accept the same and pass an award in terms incorporated. The settlement has been produced as annexure 'A' to this award. The settlement is signed by both the parties and their Advocates. By this settlement it is agreed that the workmen— the tally clerks in question should get bonus for the accounting year ended 31st December 1964 at the same rate at which it was paid to the head load labour

employed by the company at WiUingdon Island. The workmen are to be paid bonus in th3 same way as the other labourers are paid- Clearly the settlement is fair and reasonable and there is no reason why the same should not be accepted. Hence my award according to the terms of settlement annexure 'A' which shall form part of this award.

No order as to costs.

(Sd.) A- T. ZAMBKE,

Presiding Officer,

Central Government Industrial Tribunal, Bombay

ANNEXTJRE 'A'

.BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY

REFERENCE NO. CGIT-22 OF 1966

PARTIK3 :

Employers in relation to Messrs. Aspinwall & Co. Ltd., Cochin

ANT)

Their Workmen

Joint Memorandum 0/ Settlement by the Parties to the Dispute

The parties to the above have settled the same on th" following terms and it is prayed that the Hon'ble Tribunal Lie pleased to accept the same and oass an award accordingly:—

(i) The Tally Clerks in question will be paid bonus for the year ended 31st December 1904 at the rate at which It was paid to the head load labour employed by the Company on Willingdon Island.

2. This settlement is entered into without prejudice to the contentions of parties.

Dated this the 4th clay of March 1.068-

For ASPINWALL & COMPANY LTD. (Sd) Advocate for the Management (Sd.) Asstt. Manager-

For COCHIN DOCK TALLY CLERKS' ASSOCIATION,

(Sd-) President.

[No. 28(19)/66-LR-J.V.j

C. R'AMDAS. Under Secy.

(Department ol Labour and Employment)

New Delhi, the 6th April 1968

S.O. 1403.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of Shri F. .Jeejeebhoy Arbitrator in the Industrial dispute between the employers In relation to the Associated Cement Companies Limited, Kotma, and their workmen which was received by the Central Government on the 2nd April, 1988-

ARBTTRATTON AWARD

In the matter of Associated Cement Companies Limited, Kotma,

AND

Their workmen

represented by the Kotma Colliery Mazdoor Sangh-

Pursuant to an agreement between the parties dated 10th June, 1964, referring the matters contained therein to the arbitration of Mr. F- Jeejeebhoy, last President, Labour Appellate Tribunal of India, residing at 'Firuz- Ara', 160 Queen's Bond, Churehgate Reclamation, Bombay-1.

PRESENT:

Mr- ?• Jeejeebhoy, Barristerat-Law, Arbitrator. For the employers.—Mr. I. M. Nanavati, Advocate, Mr. G. L. Govll and Mr. M. S. Kapoor.

For the workmen.—Mr. K. B. Chougule, General Secretary, Kotma Colliery Mazdoor Sangh, Katma.

AWARD

Whereas by an agreement between the Associated Cement Companies Limited, Kotma, on the one hand and the workmen represented by the Kotma Colliery Maz- door Sangh on the other, certain dispute pending between them, which had been referred by the Central Government to the adjudication of the Central Govern- ment Industrial Tribunal at Bombay, were withdrawn and referred to the arbitra tion of Mr- F. Jeejeebhoy, Last President, Labour Appellate Tribunal of India, residing at 'Flruz-Ara', 160, Queen's Road, Churchgate Reclamation, Bombay-1;

And whereas the parties had agreed that the decision of the said Arbitrator shall be binding on them;

And whereas the said agreement which was made under Section 10A of the In- dustrial Disputes Act 1947 has been duly published by the Government of India In the Gazette of India of 11th July, 1964, being SO- No- 2442 at pages 2899 and J90t with annexures thereto;

And whereas the hearing of the said arbitration has been partly completed;

Now, therefore, I, the said Mr- F. Jeejeebhoy, Barrlster-at-law, as such arbitra- tor do hereby make the following award in terms of the Agreement of Reference relating to Item SO 639 at page 2904 viz,, whether termination of services of Messrs. Kandhai Ram, Bhagwat, Swamideen, Chedlram, Vikramdutt and Tllakrai is justified and If not to what relief are they entitled?

Dated at Bombay, this 25 day of March, 1968.

Sd./- F. JEEJEEBHOY,

Arbitrator.

AWARD

This Award deals with the issue at page 2904 of the Gazette of India dated 11th July, 1964, "Whether the termination of services oi all or any of the following workers is Justified? If not, to whnt relief are they entitled?" The workmen whose cases are before me are: —

(1) Shri Kandhai Ram, (2) Shrl Bhagwat, (3) Shri Swamideen, (4) Shrf Chediram, (5) Shri Vikramdutt, and (6) Shri Tilakraj.

2. Of the above named persons Shri Swamideen (No. 3) above, is involved In two of the cases, namely, in one along with Shri Kandhai Ram, and in the other with Shri Bhagwat, In the third case the persons Involved are Shri Chediram, Shri Vik- ramdutt, "and Shrl Tilakraj.

3. All the cases arise out of a single incident in the Colliery area- At the date of the incident, namely 15th Aufiust, 1961, there were two Unions in the Colliery, the IN.T.U.C Union, and the Socialist Union; and it would appear that feelings between them were strained- The I-N.T.U.C. Union that morning had taken out a procession, and it was mentioned before me that the President of the I.N-T.U-C. Urion on that occasion was Involved In some incident. The Socialist Union also took out a procession that same morning, and apparently it went, off without Incident The ^bo've named persons It Is not denied were members of the I.N.T-U-C. Union at that time-

4 At nbout 10-30 A.M. that morning Shrl Badri Prasad Gupta was on the veran- dah of his quarter in the Colliery area, along with Shri Hart Narayan Singh, and Sh I N- K. Micl.ira (all members of the Socialist Union), and a visitor Shrl Shiv- dp.yaJ Thcv saw a crowd of some thirty persons approaching their house with shouts of 'Maro Marn'. As the crowd came near this particular house, the four persons on the verandah sensing danger ran Into the house and closed the door from the inside¹ but the crowd broke open the front door, and severely assaulted the four

occupants with lathis as a result of which they suffered bodily injuries. The In- truders thereafter left the house, and the police arrived later and took the Injured persons to the hospital. Shri Badri Prasad had to receive medical treatment for some twelve days, and could not attend work during the period; the other two com- plainants also had to receive medical treatment for varying period. The visitor Shri Shiv Dayal has not made any formal complaint, and is not on the record- There Is no suggestion that the four persons who were assaulted had done anything to pro- voke the assault; Shri Badri Prasad in answer to Shri Swamideen in cross exami- nation has specifically said: "It was you who gave me the first blow on my head no sooner the door save way" Nor was it suggested at any time that the four persons who were assaulted in the house had anything to do with the incident in which the President of the LN.T.U.C. was involved earlier in the day. These four persons were apparently assaulted for no other reason except that they were members of the opposite Union- The feeble effort on the part of the two of the charge sheeted workmen to attribute ill will as the basis of the charges was unconvincing.

5. Soon after the assault the police Interrogated people in the area, and started proceedings against certain persons concerning these assaults, details of which are not before me. While the police were thus taking action against the alleged mis- creants, and the four persons were recovering from the assault, the Management was considerably concerned about this hooliganism which naturally affected the atmosphere of the Colliery and its work- On August 27th 1961, the Management issued a general Notice to all persona concerned, including the President of the Kotma Colliery Labour Union, with copy to the Station House Officer, Kotma, and the Collector of Shahdol, and I am here reproducing that Notice;— KC/13/596.

Associated Cement Companies Ltd., Kotma Colliery, August 27th, 1961.

The Management have been giving anxious consideration to the question of res- toring peaceful atmosphere after the recent unfortunate Incidents of 15th August, 1961. It seems most urgently necessary that persons who have indulged In break- Ing law and violence should be dealt with, but it Is_. regretted that although more than ten days have elapsed since the occurrences, no complaint has been submitted by the affected workmen. Absence of such complaints handicaps us from taking appropriate action In accordance with Standing Orders-

It Is, therefore, hereby notified and requested that all workmen who have been victims of assaults/violence should submit, within 72 hours written complaints to the undersigned giving full and factual details Including:—

fa) Date and time of occurrence: (b) Place of occurrence; (c) Name of person(s) who committed the act of violence; (d) Whether the complainant also made a complaint to the police authori-

ties;

(e) Name of witnesses, If any-

The undersigned wishes to re-emphasise that a climate of peace and good will Is vitally necessary to restore confidence and to ease tension; and Management seeks the sincere co-operation of every employee in tracing and punishing the law brea- kers and unsocial elements. It is also emphasised that since Departmental action will be based on Standing Orders and a proper domestic enquiry, complainants must furnish complete and factual information so that enquiry can be prompt and effectiv*

Signature not legible Sd/- Manager.

Kotma Colliery

Copy to:—

President, Kotma Colliery Labour Union, P.O. Kotma Colliery, Staton House Officer, Kotma, for information. Personnel Officer, Kotma Colliery, Collector, Shahdol, for information. Collieries Department. Personnel Department.

6. The Management was obviously giving anxious thought to the question of securing the proper atmosphere in the Colliery after the assaults Of 15th August 1961. In response to the Management's call (1) Shri Badrl Prased Gupta, and (Z) abri Hari Narayan Singh, and (3) Shrl Nand Kum&f Mishra addressed the Manager of the Colliery complaining about what had happened, each of them gave the necessary particulars. In their letters they also made reference to the injuries which they had received, and one of them further complained that he was in receipt of constant threats. These victims in their separate letters to the Management gave the names of the persons in the Colliery who had assaulted them.

7. Upon receiving these three letters of complaint, the Management issued three separate charge sheets against inter alia the six workmen who are now before me—

(a) A? to the complaint of Shri Badri Prasad Gupta charge sheets were issued to Shri Swamldeen, Shri Lai Bahadur Singh, Shri Chedlram, Shri Tilakraj, and Shri Kandhoi Ram. The charge sheet as to the first four is dated 11th September 1961, and the last one 20th Septem- ber 1061, the charge sheet numbers being KC/10/1041, and KC/10/ 1307.

(b) As to the complaint 6f Shri N. K. Mishra a charge sheet was issued to Shri Swamldeen on 11/13 September 1901, and another to Shri Bhagat and 8hri Bhaiyalal on 20th September 1961. The charge sheets num- bers are KC/10/1047, and KC/10/1308 respectively.

(c) As to the complaint of Shri Hari Narain Singh the three charge sheets were issued to Shri Tilakraj, Shrl Vikramdutt and Shri Chediram on 11/13 September 1961. The numbers of the charge sheets are KC/10/ 1042, KC/10/1060 and KC/10/1029

8. The workmen concerned were asked to file their replies to the charge sWftets: as to those who replied there was general denial by them of the alleged complicity in the incidents, and they also contended that as the Police and Court proceedings were under way the Management could not hold domestic tnquiries concerning the same incidents. The Management rightly declined to accept that point of view- The Management after considering the replies sent by the persons against whom allegations had been made decided to hold enquiries against them. The case against Shri Chediramt (2) Shri Vikramdutt, and (3) Shri Tilakraj was sent to Mr. K. V, Ayyar as Enquiry Officer. The other two sets of cases were sent to Mr. Sumariwala for similar enquiry.

B. It was alleged during the course of Mr. Chougule's address that this division into three compartments was made by the Management with the ulterior motive of glossing over contradictions which might arise during the course of the enquiry proceedings relating to all these persons. There is nothing to support the allega- tion; the Management logically split up the charged persons into three separate sets according to the allegations separately made by the three injured persons who had been badly manhandled. The Union and the workmen were there all the time and if they felt that the charge sheeted workmen were at a disadvantage by being tried in groups, they could have asked fdr a consolidated enquiry; but they apparently did not feel that any advantage would be thereby had. In fact where the complainants are different persons, and have accused different persons of assault on them, a Joint charge sheet and a joint enquiry would have been not only impracticable but also contrary to principle.

10 Before I deal with the separate enquiries which arise out of this act of hooliganism, I shall deal generally with the situation as emerging from these enquiries.

11. To begin with it was a grave and cowardly offence on the part of the gang of hooligans, some thirty or move of them, to have set upon just four persons who had" done nothing to justify this treatment; the attack was neither provoked, nor was It by way of any personal retaliation; except that one or two of the assailants took advantage of the occasion to pay off what they considered were old scores; but there can be no doubt that these three complainants were overwhelmed by the weight of the attack. The only explanation for the ugly act was the sugges- tion that the President of the I.N.T.U.C. Union had been roughly treated that morning by certain elements; but assuming that the President was so treated it Is nowhere suggested that these four persons were in any way involved therein.

12, Mr. Chougule after he had completed his verbal arguments before me at the conclusion of the cases gave me a written argument on 30th December ]967.

13. It has been urged in the written argument that for some of the incidents th" complainants have named different sets of persons in the three different enquiries, and that the Manager has ingeniously and purposefully ordered three different enquiries", one by Mr. Ayyar, and two by Mr. Sumar'iwalla. As Mr. Chougule was urging that there were grave discrepancies in the three enquiries as to what the charge sheeted individuals did in the crowded room (the four were beaten until they collapsed on the floor), I was willing to hear Mr. Chougule on the discrepancies if he chose to address me on the subject. Whereupon Mr. Chougule said It was not permissible for me in these proceedings to see or evaluate such discrepancies; in such circumstances 1 did not ask him to give particulars; but in his ultimate written arguments he gave a list which Mr. Nanavati traversed.

14. In evaluating those enquiries certain features emerge which speak for ihem- selvea. (1) A gang of about thirty persons, mostly workmen of the Colliery, proceeded to the house where the complainants were sitting on the verandah at about 10.30 A.M. many of them being armed with sticks, and they broke down the front door of the premises which the unfortunate occupants had bolted from Inside in trying to save themselves from the coming attack. (2) The miscreants achieved their objectives; when they left, all the four inmates were lying on the floor in different stages of unconsciousness and with serious injuries inflicted by the intruders. (3) The Police had to come and take the four to the hospital, and they were under treatment for many days.

15. It is ludicrous to expect each of these complainants to say which of the intruders attacked each of the other two, for each of the three was concerned primarily wih himself, and how best he could save his own life; which means that each of the three persons who were complainants could speak mainly of those facts which happened to him and near him during the attack; and of cour.se in these matters there were bound to be some vivid memories.

16. Therefore, In evaluating the contentions of Mr. Chougule as to alleged discrepancies this background must be kept in view. These are elementary facts apparent on the face of the record, and to say that the Enquiry Officer came to wrong conclusions, or that he has not given sufficient reasons for his conclusions, must be judged by the nature of the complaint and the obvious and essential facts. Each of the three complainants was speaking to what he saw at a particular moment during this painful visitation, and their evidence on evaluation was en- titled to the acceptance which it received.

17- The terror let loose by this type of hooliganism was reflected in the matter of the witnesses. In and around the area of the assault in the Colliery zone there must have been numerous persons who had seen the hooligans, and yet none apparently was prepared to come forward to give evidence, and indeed such was the dread of hooligans that these four in the house In an unconscious or sei"i- unconscious condition had to wait until the Police came and took them to the hospital-

18. I shall now deal with the workmen's case against the decision in each of the three separate cases; but before I do so I hold that no advantage would have been gained by the workmen If they had been grouped together in a single case and a single enquiry; the general features are the same as to all the three enquiries, but the particular question Is whether the particular persons charged In the separate complaints formed part of this mob and attacked the particular com- plainants as alleged.

19. There is one other complaint of Mr. Chougule to which I shall here refer. It is said that the Enquiry Officers did not apply their minds properly to the evi- dence, and they have not given sufficient reasons for their conclusions. Here again It was pointed out by the Company that the only question was whether the charge sheeted person was one of the persons who took part in the attack and committed the assault with which he is charged. The Enquiry Officers had some difficulty even in getting the charge sheeted persons to be present to enable them to proceed with the enquiries. On one occasion the complainant hat! absented himself from the enquiry (after having given his evidence), and it was urged that because of that the charge sheeted persons should be found 'Not guilty' as a matter of course. This argument, was untenable for the simple reason that it is the Management that had charge sheeted the workmen, and the complainant was a witness in the enquiry. It may be added that the Police investigation and the Police activities concerning matters arising out of this hooliganism had been In progress, but those matters were TIO- within the purview of the Enquiry Officer •who could not allow himself to be influenced by them; and In such circumstances

the Enquiry Officer's approval to the problem was correct. Mr- Chougule did not ask the Enquiry Officers as to why they had not been more expansive in their reports. '

20. According to the Union, the Enquiry Officers have not given sufficient reasons for their findings; but Mr. Nanavati says that 11 from the evidence an Enquiry Officer, was convinced that the particular charge sheeted workman had taken part in the riot and had attacked the quarter of and caused injuries to the complainant, that by itself amounts to reasons for the findings- i have been taken through the evidence at the enquiry and I find that as to the participation of the charge sheeted workmen in the riot and in their attacking the quarter of Shri B- P- Gupta and causing the injuries alleged there is sufficient evidence from the statements of the complainants and their witnesses, They have described how lhe crowd came as a mob, armed with lathis, and hpw their quarter was attacked and the complainants beaten- They have clearly deposed to the activi- ties of the charge sheeted workmen of the crowd- The oral evidence is corro- borated by the fact of injuries received by the complainants; and if in these cir- cumstances the Enquiry Officer has taken the view that he was convinced about the workmen charged having participated in the riot and having attacked the quarter of Shri Badrl Prasad Gupta and caused the complainants the injuries, then in my view it cannot be said that the findings are vitiated on the ground that the Enquiry Officer should have given more reasons for his findings. He had obviously held a careful enquiry and applied his mind to essential facts.

21 The Enquiry Officer must of course hold a free and impartial enquiry, and come to conclusions on the materials before him. If he has been brief, it does not by itself mean that he has not applied his mind to the proceedings if they were otherwise conducted with care and with a proper sense of responsibility. It has been said that even in the case of a single officer establishment, it may well be that it is he who issues the charge sheet and holds the enquiry and imposes the punishment, his decision will nevertheless be valid provided that nothing had been done by him contrary to the requirements of natural justice- I have been told that in this concern there are additional safeguards regarding the dismissal of employees. If the Enquiry Officer decides that the charge has been proved and recommends that a workman should be dismissed, the papers then go to the Manager of the Colliery for his orders. But even if the Manager after studying the record takes the view that the workman concerned should be dismissed, he has no power to order his dismissal, but has to refer the matter to the Agent of the Colliery who is at Bombay, and who after perusing the record may or may not order the dismissal. This course has been duly adopted in accord with the Standing Orders in the case of the dismissed employees before me.

22. I shall now take the three enquiries separately to see whether they were conducted with due care and caution, and whether they were fair and impartial. Both the Enquiry Officers were examined and were before me subjected to cross- examination, but there was nothing in their evidence to support the comment that they were the tools of the Management, and that they were not fair and im- partial- It is true that they had put questions to witnesses, but that was done In order to clarify the facts, and help in a proper appraisal. It Is also correct that Mr- Ayyar had something to do with the processing of the charge sheets, but that fact does not render him liable to the charge of partiality because he processed the charge sheets on the basis of the allegations made and the replies received: Mr. Ayyar could not and did not import any of his ideas In the process; he did the office work Involved.

23 I shall first take the case of Shri Badri Prasad Gupta who made the com- plaint against Shri Swamldeen, Shri Kandhai Ram, Shri Lai Bahadur, Shri Chedi- ram, and Shri Tllakraj, Shri Badri Prasad Gupta said that suddenly at about 10-30 A.M-, these five persons broke the door and forced themselves into his quarters with lathis, and that he the complainant and three other persons within his quar- ter were badly Injured with lathis, and he requested the Management for suitable action to be taken agninst these persons; he himself was badly injured and treated in the hospital from 15th August, 1961 to 2fith August 1961- The Management after considering the complaint issued charge sheets which is Exhibit II as to four of them, and Exhibit Til as regards Shri Kandhai Ram. Two of the persons, namely. Rhri Chediram and Shri Tllakraj were no longer in the service of the Company at the time of the enquiry, and consequently the enquiry against them waa dropped- Shri LaJ Bahadur Singh was subsequent!v dropped from the en- quiry because the complainant himself pointed out that the person who appeared

before the Enquiry Officer under the name of Shri Lai Bahadur was not the Shri Lai Bahadur Singh to whom the complainant had referred in his complaint. Thus the enquiry was against Shri Swamideen and Shri Kandhai Earn.

24. In reply to the charge sheets Shri Kandhai Ram said: "1 deny the false allegations brought against me. In fact after the disturbances of 15th August 1961 the local Police authorities recorded the complaint against all the persons involved, but as I had no connection with the Incidents of that day my name did not appear in the Police list." Shri Swamideen did not reply to the charge sheet; Mr. Chou- gule suggested before me that he had sent a reply to the charge sheet, but there is nothing to show that he did so.

25. The Enquiry Officer has recorded under date 1st July 198a that Shri Swamideen had not submitted his explanation, although he was called upon to do so, nor was he present at the first date of the enquiry.

26 The enquiry was continued on 4th August 1962, when Shri Swamideen and Shri Kandhai Ram, and the complainant were present. After Shri Badri Prusad Gupta as complainant had given his evidence before the Enquiry Officer, Shri Swamideen and Shri Kandhai Ram were asked by the Enquiry Officer whether they wouJd like to cross examine him- Shri Swamideen said ho would like to cross examine him, and Shri Kandhai Ram said that he was not present in the Camp, but was in the mines on 15th August 1961, and it was no use for him to cross examine Shri Badri Prasad Gupta. Shri Swamideen asked a question to the effect "When there was beating (riot) going on in your quarter was I present." and the answer was that he was present along with his colleagues which formed into a riotous mob and "It was you who gave me the first blow on my head no sooner the door gave way-" For the purpose of clarifying certain matters the Enquiry Officer asked Shri Badri Prasad Gupta a few questions, including a ques- tion as to whether he knew the reason why the mob beat the four of them; and he replied: "Even today I do not know the reason," When the Enquiry was resumed in the afternoon Shri N- K. Mishra, one of the four persons assaulted, gave evidence as to what had happened- Shri Swamideen in cross examination asked him whether there was enmity between them, and the answer was "No". The next question was whether he Shri N- K- Mishra did not make a false report pre- viously against him (Swsrnidoen) with a view to get his attendance deducted. The answer was "No". Third question elicited the reply that it was not true that he the witness did not permit him to eat his food because they all had to appear before the Manager at 3-00 P.M. (in connection with some other matters). Shri Kandhai Ram in cross examination of Shri Mishra asked the question whether there was any enmity between the two of them, and the answer was "No'' In reply to a question by the Enquiry Officer Shri Mishra said: "I did not know why the mob attacked the quarter in which we were. I do not know who informed" the Police, I only know that the Police came"- Shri Harl Narayan S!n#h also gave evidence about the attack and neither of the two charge sheeted persons wished to cross examine him. In reply to the Enquiry Officer he said the police came at about 10.30 A.M.. and he does not know who called the police- The Police came in their jeep. He was unable to say whether Shri Swamideen and Shri Kandhai Ram had beaten him or not, because as a result of the injuries received due to his being beaten up by Shri Tilakra.i, Shri Chediram, and Shri Vlkramdutt he became unconscious, but before he was beaten up he had himself seen Shri Badri Prasad Gupta being beaten up by Shri Swamideen and Shri Kandhai Ram. The first witness for Shri Kandhai Ram was Shri Ramsunder, and he said that on 14th August 1961 he was in the third shift from 11.00 P.M. to 7,00 A.M. that Shri Kandhai Ram is a miner and was working with him in the 4th District; on 15th August 19fil they came out of the mine at 10.30 A.M.. and went to their quarters which are situated at No. 3 Dafai. His quarters and Shri Kandhai Ram's quarters were separated by 250 to 300 ft, and their quarters are on different roads In the Camp. He does not know what happened after he returned to his quarter. In reply to the En- quiry Officer he said he came to learn about the disturbance when they were Inside the mine, so thn two of them came out of the mine and went to their res- pective quarters- He has no fixed duty hours. "We go In the mine and come out at any time we like- We miners go Inside the mine at fixed hours and come out of the mine as and when we feel like comin,'? out". On 14th August 1961 he loidH six tubs- He said he did not know when Shri Kandhai Ram was arrested, nnd h" does not even know who attended duty along with him on lflth August 1961. Shri SwAmldeen gave his statement, and called as witness Shri Ramcharan, who Is trammer- Shri Swamideen stated that on 15th August 1981 he left for

Kotma town at G.30 A.M., and returned from there at about 12.00 noon, it was oniy after he returned to the Colliery cnat he learnt about tfte riote, he denied tne charge against him, and he called as his witness Shti Rarncharan, who said tnat on 15th August 1901 he was going to Kotma town on a bicycle when neur Goinda village Bhri Swamidecn requested that he might be given a lift to Kotma town, and he accordingly put him on the carrier and cycled him to Kotma. He went to the goldsmith's shop as he wanted to free certain jewellery which he had pledged, and he freed it for Rs. 100/-. Shri Swamideen was also at the goldsmiths shop, he was also trying to free jewellery pledged at the goldsmith's, they tnen went to a cloth shop, and they roamed about the town for about two hours and returned to the Colliery just as the noon hooter went off- He then came to know that there had been some disturbances.

27- In aniwer to the Enquiry Officer Shri Swamideen said ttiai he had also gone to free the jewellery which he had pledged with the goldsmith, at about • 8 . 30 A . M. f r om 8 . 30 A . M. to 1 2 . 00 n o on he h ad to r e m a in in K o t ma t o wn b e c a u se

he wanted to return with Shri Ramcharan. After the goldsmith's shop he went to the cloth shop where Shri Ramcharan made purchases and they sat in the shop for hardly half an hour. He went to free the jewellery because his wile wanted to wear it while participating in the 15th August functions. He and Shri Ramcharan roamed about in Kotma for 24 hours just because it was a holiday. They went to a liquor shop and they drank country liquor. He was arrested on the morning of 16th August 1961, along with Shri Tllakraj, Shri Chedlram, etc- He was chalaned by the police on the morning of 17th August 1961, and sent to Burhar he said; and there is no enmity between him and Shri Badri Prasad Gupta. 28. These efforts to prove alibi were not convincing, and they might have had some background if they had been raised in the first Instance. There is no men- tion of this alibi anywhere until the hearing; the charge sheeted workmen had been given time enough to reply to the charge sheet, and if their alibi was true it is difficult to understand why they should have refrained from referring to it. They had their Union to consult, and it is common place that If they were not at the scene of the incident they could have easily stated where they were at the actual time of the assault BO as to exonerate themselves; but they did not do KO- It is not surprising that the Enquiry Officer on evaluation of the evidence has not accepted this plea of alibi- Shri Swamideen was called to give evidence before me In one of the two cases.

29- I shall next take the case of Shri Bhagat and Shri Swamideen. The charge sheets in the appropriate form were sent to them, but neither of them replied .to it- Shri Swamideen said that he remembered having submitted a written reply to the charge sheet, but is not sure as to the person to whom he delivered It; there is no evidence that he delivered a reply to the charge sheet to anybody- His defence at the enquiry was that on 15th August 1961 he was not at the Col- liery, but had gone to Kotma town which is about 3J miles away-

30. Shri Bhagat said he had received the charge sheet and contends it was taken by him to Shri Som (Secretary of the Union) who told him that it Was a charge sheet, and it was left in the custody of Shri Som. Shri Bhagat admits that although he was called upon to submit his written explanation he did not do so- as h* thought that Shri Som would do the needful for him. Shri Bhaiat told the Enquiry Officer that he did not know the contents of the charge sheet, and thereupon It. was read over to him and explained to him; whereupon he pleaded "Not Guilty". Shri N. K. Mlshra gave his evidence as to the assault utxm him by Shri Swamideen and Shri Bhagat, as a result of which he became nriore or leas unconscious, and had to attend hospital for ten days for treatment- In reply to the Enquiry Officer he sfiirt that some time previous to 15th August \W\., Shri Bhagat. was'charge sheeted by the Company, and so Shri Swnrnldeen and Shri Bhagat Rot Into the house with the mob and Shri Swamideen encouraged Shri Bhagat to take revenge on him (Shri N- K- Mishra) stating: "Charge sheet Knr badla le lov."

.11 At the next hearing Shri Hnri Narnin Singh was examined, and he gave the navtlmlars of the assault, and he Paid that "hri. Swamideen had beaten SVirl N- K. Mishra Shri Badri Prasad Gunta also gave evidence stating that Shri N. K. lVfishra was beaten by Shri Bhagat and Shri Swamideen. The Enquiry Officer ^Tr-M Sh-J. Swamideen and Shri Bhagat to rross examine Shri Badri Prasad Gupta but they did not wish fn do so. At the next hearing Shri Swamideen stated

tua.L he had nothing to do with Shrl Bhagat's witness; all the same Shri Swami- deen was asked to remain present yhri Bhagat called as his witnesses Shri Mayaram, miner (token 1235) and Shri Surit Earn. Shri Mayajram stated lhat he was a miner in No. 2 Weat District, and they both were staying in the same Dafai- The two of them went to Kotma at 600 A.M. on 15th August 1961, and they reached Kotma at 7.15 A.M., and sat in the hotel and had tea and breakfast Then he went to the cloth shop and Shrl Bhagat went some- where else- ile bought cloth worth Rs. 18/- in 2J hours time, and bought tha cloth on credit As ne got out oi! the shop and started walking towards the Col- liery he met Shri Bhagat at Kotma Station where the Company's truck was stand- ing outside the Police Station. Driver Badri Nath told them that there were riots in the Cnmp, and so they stood outsi_d.e the Police Station till about 12-00 noon- Therealter they went to the Colliery and to their respective quarters-

32- Next Shri Bhagat gave evidence; he said on 15th August 1961 he got UP at 5-00 A>M. and went to Kotma town at about 6-00 A.M., near the Company's hospital he stood lighting his beedi, when he saw Shri Mayaram coming, and so they reached Kotma a little alter 700 A.M., and had tea and breakfast. He was going to Kotma to buy cloth, so was Shri Mayaram; he bought cloth worth Rs. 22/- Alter buying the cloth he was walking- towards the Station when he started looking around it Shri Mayaram was in the area so that they could go to the Colliery together- As they crossed the railway line and came near t ie Police Station they saw the Company's truck there, but he does not know th" name of the driver. The driver however told them that there were riots in tb" Colliery. They saw the police getting into the truck from which they presumed the police were going to the Colliery. They waited there till 11-12 O'clock. There- after he walked towards the Colliery and reached home at one O'clock and heard about the riots The next day he. was on the first shift when the police came and took him into custody, and the following day they were taken to Burhar. "nd were balled out on the same day, but he does not know who bailed him out- Ho did not see Shri Swamideen in Kotma town on 15th August 1961, nor. did ha meet him between 7-12 O'clock on 15th August 1961. I may here observe that Shri Swcmldeen has not given evidence in this case; every opportunity was given to him V> call witnesses. He did not turn up on the appointed day-

33. 1 see nothing wrong in or about this enquiry. If it was true that these two persons were away from, the Colliery area when this disturbance took place it would have been a simple matter for them to have said so in their reply to the charge sheet, but they did not do so-

34. In Tiy view the Encuilry Officer could not but find the charge proved against Shri Swamideen, and as regard': Shrl Bhagat there was consistent evidence that hf" was guilty, nnd he was not able to rebut that evidence. It was suggested before me that the Enquiry Officer had; been cross examining the witness, which is incorrect; he was legitimately trying to have matters clarified.

35. T>" V.rl case which was referred to Mr. K. V. Ayyar, relates to three persons, namely. Shrf Chediram, electric helper, Shri Vikramdutt, lamp mnzdoor, and Shri Tikikv;i;, w-iter boiler- They did not appear at the hearing which was fixed by the Enquiry Ottirer, and the ease against them proceeded ex-parte- The Enquiry OfTir-fr ca r><= to the conclusion that the charge was established, and that in view of the .seriousness of the charge these three persons deserved punish- ment of dismissal. They were dismissed by an order of the appropriete officer at Head Office.

36- Mr. Gbougule for the charge sheeted workmen in this complaint of Shri Hari Naraynn Sln^h hn? iv.nde t vu principal submissions. He states that while H ie c o m n ^ ' i i n *¹-" V . T . J -•> y - i a dc : \ R r r ! ? i s! S h ri C h e d i, f i t t er h e l p e r, S h ri V i k r o m, f i t t er coolie, the charge sheets were issued to Shri Chediram, electric helper, and Shri Vikramdutt, lamp mav.door, and in their reply they had denied the allegation- he complains there was an "rror of fnet as regards identity. As against this, on 24th September, 1961 when the enquiry commenced Shri Vtkramdutl appeared at 5.00 P.M., and. said, he would bring hi.s witnesses on 25th September, 1981. Shri Hari Narnyan Singh was present at that time, and Shri Vikramdutt signed the m'O- ceedin"s of the day- It has been pointed out on behalf of the Management tbqf a fitter can be electrical and mechanical fitter, and Shri Chediram. electrical helper, was the only elecLrical helper; it was further pointed out that under the Mazumdar Award of 1956, job description definition of a fitter-helper is on/,' who can b© helper either electrical or mechanical- The plea of mistaken identity is not well

founded. In any event Shri Hari Narayan Singh the complainant said he recog- T-'ised electrical helper Shri Chediram as having been in the crowd- Shri Vikranv dutt is shown as fitter coolie in the complaint, and the charge sheet calls him lamp roazdoor, and here too Shri Hari Narayan Singh has identified him as the charge sheeted Shri Viltramdutt-

37. The next point relates to Mr. Chougule's charge that the hearing of the case ex-parie was not justified, and that the charged persons did not have an opportunity to take part in the proceedings and put forward their cases.

38. At the very first hearing on 24th September 1961, the complainant and witnesses Shri Badri Prasad Gupta and Shri Dayal were present, but the three charge sheeted workmen were absent. Efforts to get them failed but at 5.00 P.M, Sfari Vikramdutt appeared and said he wpuld bring his witnesses on 25th Septem- ber, 1961. Shri Hari Narayan Singh and Shri Vikramdutt were asked to appear on 25th September, 1961 at 830 A.M., and Shri Chediram and Shri Tilakraj were rtlso given information about it. On 25th September, 1961 none of the three charge sheeted workmen appeared. Shri Tilakraj refused to accept the letter informing him of the date of the next Meeting. In order to give these three charge sheeted workmen a further opportunity to be present, the case was postponed to 6th October 1961 at 9.00 A.M., but as the charge sheeted workmen failed to turn up It was further postponed to 11th October, 1961 at 9-30 A.M. On that day Shri Chediram and Shri Vikramdutt turned up, but not Shri Tilakraj- They asked that the enquiry be postponed till after the decision of the Police cases; Lhey were informed that it could not be done. They then asked that the enquiry be post- poned to 20th October, 1961 to enable them to produce witnesses, and also 10 nomi- nate somebody to represent them- The Enquiry Officer thereupon fixed the hearings for 19th and 20th October, 1961 at 9.00 A.M., and the order was made in the presence of Shri Chediram and Shri Vikramdutt. On 20th October, 3 961 none of the workmen appeared at 9-00 A.M. At 10.00 AJVT., Shri Chediram appear- ed and he was asked to wait for the complainant to arrive, and both were asked to "appear at 2-30 P.M., when the proceedings were held ex^parte as none of the charge sheeted workmen was present- It may here be added that the letter of 11th October, 1961 was duly delivered to Shri Tilakraj on 12th October, 1961, and n^ duly signed for it and took it; the Despatch Clerk gave a statement to that effect Apart from these facts on the record, the Enquiry Officer made other efforts to secure the attendance of these three workmen at the Enquiry but failed. Thethree wrkmen were acting in concert; they filed identical replies to the

tv'o Shri Vikramdutt and Shri Tilakraj were nt that time WOTMDR m the day shift. All the three hod houses within the Colony.

Officer did[everything expected of him to have all parties before him.

4(1 I hold that the termination of services of each of the aforesaid six persons wA t i f lS and that they are not entitled to any relief; and I make thi. Award accordingly at Bombay this the 25th day of March. 1968-

(Sd.) F- JEEJEKBHOY.

Arbitrator.

[No. 8/109/64-LR1I.]

New Delhi, the 10th April 19&8

on 14(14— Tn Dursuance of section 17 of the Industrial Disputes Act, 1947 (14 nf ?i#h the Central Government hereby publishes the following award of the

received by the Central Government on the 5th April, 1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT. JABALPUR, CAMP AT DHANBAD

Dated March 20, 1968

PRESENT:

Sri G. C. A garwala—Presiding Officer

. CASE REF. NO. CGIT/LC(R)(68)/1967 (JABALPUR TRIBUNAL) CASE REFERENCE NO. 135 or 1964 (DHANBAD TRIBUNAL)

PARTIES:

Employers in relation to North Golakdih Colliery of M/s. North Golakdih Colliery Company, Post Office Baliapur, District DhanbaU.

Vs.

Their workmen represented through the Koyla Mazdoor Panchayat, P.O. JhaTia, District Dhanbad.

APPEARANCES:

Fox employers—Sri Mohan Lai Agarwal For workmen—Sri H. N. Singh.

INDUSTRY: Coal Mine

DISTRICT: Dhanbad (Bihar)

AWARD

By Notification No. 2/121/64-LRII, dated 7th December 1964, the Ministry of Labour and Employment, Government of India, referred the following matter of dispute as stated in the schedule to the order of reference, to the Central Govern- ment Industrial Tribunal, Dhanbad, for adjudication and wherefrom it was trans- ferred to this Tribunal by Notification No. 8/25/67-LRII, dated 2fith April, 1967:—

Matter of Dispute

(1) Whether the management of North Golakdih Colliery of Messrs North Golakdih Colliery Company, Post Office Baliapur (District Dhcinbad), were justified in rendering all or any of the follow:ut; sixteen work- men unemployed with effect from the 8th June, 1964:

1. Sri Phulchand Mahton. 2. Sri Mohan Mahton. 3. Sri Gaya Singh, 4. Sri Bhollo Mahton. 5. Sri Bara Sona Ram Mahton. ft. Sri Chhota Sona Ram Mahton. 7. Sri Chet Lai Singh. 8. Sri Bholu Rai. 9. Sri Bhutto Mahton.

10. Sri Bara Babu Lai Mahton. 11. Sri Chhota Babu Lai Mahton. 12. Sri Rakhal Mahton. 13. Sri Lakhi Ram Mahton. 14. Sri Manu Kamar. 15. Sri Gangu Mahton. 16. Sri Bengu Mahton,

(2) If not, to what relief are the workmen entitled?

The Union filed statement of claim before the Dhanbad Tribunal. The employers filed their statement of claim-cum-rejoinder before this Tribunal, The dispute related to non-employment of the workmen mentioned in the schedule to the order of reference. The "employers contended that the Colliery had been closed and these persons have been retrenched. A number of workmen, namely Shrl Phulchand Mahaton (SI. No. 1), Mohan Mahaton (SI. No. 2), Bara Sonaram Mahaton (SI- No. 5), Chhota Sonaram Mahaton (SI- No. 6), Bhola Rai (SI. No- 8), Bhutto Mahaton (SI. No. 9), Chhota Babulal Mahaton (SI. No. 11), Rakhal Mahaton (SI. No. 12), Gangu Mahaton (SI. No. 15) and Bengu Mahaton (SI. No. 16) Intimated

during the pendency of the reference that they had no dispute with the employers The cause of the remaining six S/Sri Gaya Singh (SI. No, 3), Bholu Mahaton (Si' No. 4), Chetlal Singh (SI, No, 7), Bars Babuial Mahaton (SI. No. 10), Lakhiram Mahaton (SI. No. 13) and Manu Kamar (SI. No. 14) remained to be determined By the compromise settlement, terms of which are reproduced in the annexure to this award, the Union has not pressed the case of those who have already inti- mated that they have no dispute with the employers. For the remaining six mentioned in paragraph (iii) of the agreement, the management has agreed to pay a lumpsum of Ra, 200 to each of the workmen, The dispute is thus satisfactorily resolved. This is a fair and just settlement of the dispute and sn award is recorded in terms thereof.

(Sd ) G. C- AGARWALA,

Presiding Officer.

20.3.1968.

BEFORE THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM-LABOUR COURT, JABALPUR¹ AT DHANBAD REFERENCE NO. CGIT/LC(R) (68)/67.

Employers in relation to the North Golukdih Colliery oi M/H, North Golukdih Colliery Co. P.O. Baliapur, Dist. Dhanbad

AND

Thtir workmen represented by the Koyala Mazdoor Fanchayat, Jharia. Dist. Dhanbad.

In the matter of reinsterternent of .16 workers.

Most respectfully beg to state as.

(1) That after the reference of this dispute for adjudication, the manage-

ment expressed the desire to settle the dispute amicably.

(2) That on full consideration the management and the Koyala Mazdoor

Panchayat had come to the following agreement:

Agreement

(i) Thai names of 16 workmen were given in the schedule of this reference vide Ministry of Labour and Employment Order No. 2/121/64-LRII, dated 7th December, 1964.

(ii) That while this reference was under consideration of the Hon'ble Tribunal, Shri Phulchand Mahato, Mohan Mahato, Bara Sonaram Mahato, Chhota Sonaram Mahato, Bhola Rai, Bhuto Mahato, Chhota Babulal Mahato, Rakhal Mahato, Gango Mahato and Bengu Marhato (SI. Nos. 1, 2, 5. 6, 8, 9, 11, 12, 15 and 16) have separately and indi- vidually prayed before the Tlon'blc Tribunal that they have no dispute with the management, as such the Panchayat would not like to pros> their grievances.

(iii) That the dispute of the following workmen Shri Gaya Singh. Bholu Mahato, Chetlal Singh, Bara Babulal Mafaato, Lakhiram Mahato and Manu Kamar (SI, Nos. 3, 4, 7. 10, 13 and 14) remains under dispute.

(iv) That since no work is available at the colliery the management hereby

agrees to treat these workmen as retrenched.

(v) That the management agrees to pay a lumpsum amount of Rs. 200 (Rupees two hundred only) to each of the abovenoted six workmen as mentioned in para (iii) above.

(3) That it is, therefore, prayed that the Hon'ble Tribunal be pleased tp pass

orders accordingly.

(Sd.) MOHAN LAI, ACJAHWAL

20-3-1968.

On behalf of the Management.

H_ N_ ^^

20-3-1963.

On behalf of the Workmen-

Part of Award-

(Sd) G. C AGARWALA,

Presiding Officer,

Industrial Tribunal-CWn-Labour Court,

(Central), Jabalpur,

Jharia, dated the 20th March, 1988.

tNo. 2/121/64-WUI.]

New Delhi, the 11th April 1068

S.O. 1405—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 Of 1947), the Central Government hereby publishes the following award, of the Industrial Tribunal, Jabalpur, in the industrial dispute between the employers in relation to the Kusunda and Nayadee Collieries of Messrs Kusunda and Nayadee Collieries (Private) Limited, Post Office Kusunda, District Dhanbad and their workmen, which was received by the Central Government on the 5th April, 19fi8. CENTRAL GOVERNMENT INDUSTRIAL TR1BUNAL-CUM-LABOUR COURT

JABALPUR

CAMP AT DHANBAD Dated March 22, 1968

PRESENT:

Sri G- C. Agarwala—Presiding Officer-

CASE REF. NO. CGIT/LC(R)(54)/67 (JABALI-UR TRIBUNAL)

CASE REF. NO. 117 OF 1964 (DHANBAD TRIBUNAL;

PARTIES:

Employers In relation to—Kusunda & Nayadee Collieries of M/s Kusunda & Nayadee Collieries (P) Ltd., P.O. Kusunda, District Dhanbad.

Vs.

Their Workmen represented through the General Secretary, Khan Mazdoor Congress, P-O. Jharla, District Dhanbad.

APPEARANCES :

For employers—S/Sri D. Narslngh, Advocate and Y- G- Srikhande, For workmen—S/Sri T. K. Das, Advocate, and Raj Ballabh Prasaa.

INDUSTRY- Coal Mine.

DISTRICT; Dhanbud-

AWARD

By Notification No- 2/100,/64-LRII dated 13th October 1964, the Ministry of Labour & Employment, Government of India, referred the following matter of dispute as stated In the schedule to the order of reference, to the Central Govt- Industrial Tribunal, Dhanbad from where it was transferred to this Tribunal by Notification No. 8/25/67-LRII, dated April 25, 1967:

Matter af Dispute

Whether the dismissal of Sarvshri Karu Mahato (Surface Trammer) and Gama Mahato (Fitter Helper), by the management of the Kusunda and Nayadee Collieries of Messrs. Kusunda and Nayadee Collieries (P) Ltd., Post Office Kusunda (District Dhanbad), with effect from the 30th July, 1964, was justified? If not, to what relief are the workmen entitled?

Parties filed their pleadings before the Dhanbad Tribunal. On transfer of this case to this Tribunal, preliminary hearing was rendered on 21st July 1967 when certain issues were framed which need not be reproduced as when the hearing commenced on this date and after some oral evidence was recorded good sense prevailed and the parties compromised the dispute, terms of which are reproduced In the annexure to this award- The dispute relates to the non-employment of two workmenWho were dismissed on a charge of unauthorised occupation of com- vurfa Quarter. The workmen have agreed to vacate the quarter within one 3 and the management has agreed to reinstate them with continuity of S ee but without hack wages. The dispute Is thus satisfactorily resolvea¹; and an award is recorded in terms thereof. Q c A Q A R W A LA

Presiding Officer.

22-3-1968.

ANNEXURES

117 OF 1964

REFERENCE NO. •

54 OF 1967

PAHTIEEmployerS in relation to the Kusunda & Nyadee Colliery.

AND

Their workmen.

Memorandum of Settlement

The parties to the dispute bsg to state that they have settled their dispute amicably between themselves on terms hereinafter stated:

1. That the two concerned workmen Sarvashri Karu Mahato and Gama Manato shall vacate the quarters in question which are at present under their occupation and hand over vacant possession of the same to the Manager of the colliery within a month from this date.

2. That the management shall, on the said workmen vacating the said quarters reinstate them in their former jobs but without any wages or other emoluments for the back period from the date of their dismissal to the date on which they will resume their duties as aforesaid.

3- That the management shall maintain the continuity of their service in the colliery and will treat the intervening period between their dismissal and resume lion of work as leave without pay.

4. That, the workmen and their Un>on. the Khan Mazdoor Congress, have no other claim against the management.

5- That as a gesture of goodwill the management further agrees to pay the sum of Hs. 100/- (Rupees one hundred only) to the representative of the workmen.

fl. That the parties pray that the Tribunal may be pleased to dispose .of the reference and to give its award in terms aforesaid.

(Sd-) RAJ BALLABH PKASAD,

(Sd-) D. NARSINGH, Secretary, Advocate, 22-3-68

22-3-flR

Khan Mazdoor Congress.

(Sd.) T. K, DAS,

(Sd.) Y- G. SHRIKHANDE.

Advocate- Manager 22,3.68 23.3.68 For the Workmen For the Employers

Dated 22nd March, 1968

Part of Award

(Sd.) G. C- AGARWALA. Presiding Officer,

Industrial Tribunal-ciim-Labour Court. (Central), jTabaipur. [No, 2/10ft/64-IiRII. 1

S.O. 1406.—In pursuance of section 17 of the Industrial Disputes Act, 1947r (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, J aba] pur, in the industrial dispute between the employers in relation to the Madhuband Colliery of Messrs Karamchand Thapar and .Brothers (Private) Limited, Central Office, Bhowra (Dhanbnd) and their workmen, .Vfhich was received by the Central Government on the 5th April, 1968-

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT.

JABALPUR

CAMP AT DHANBAD Dated March 22, 1968

PRFSENT :

Sri G. C. Agarwala—Presiding Officer.

c.A£5_?E£l No- CGIT/LC(RX66)/1967 (JABALPUR TRIBUNAL)

CA3E REFERENCE NO. 132 OF 1964 (DHANBAD TRIBUNAL)

PARTIES :

Employers In relation to—Madhuband Colliery of M/s. Karamchand Thapar and Brothers (Private) Limited, Central Office, Bhowra, P.O. BUowra (Dhanbad).

Vs.

Their workmen represented through The General Secretary, Hindustan Khan Mazdoor Sangh, H.O. Murulldih, P.O. Mohuda, District Dhanbad. APPEARANCES :

For Employers.—Sri K. C. Nandkeolyar, Dy. Chief Personnel Officer- For Workmen.—Sri S. V, Acharior, General Secretary, Hindustan Khan Mazdoor Sangh.

INDUSTRY: Coal Mine.

DISTRICT: Dhanbad (Bihar)-

AWARD

By Notification No 2/97/64-LRI1 dated 27th November 1964, the Ministry of Labour and Employment, Government of India, referred the following matter of dispute as stated in the schedule to the Central Govt. Industrial Tribunal, Dhanbad from where it was transferred to this Tribunal by Govt. Notification No. •8/25/67-LRII, dated 25th April, 1967: —

Matter of Dispute

(I) Whether the action of the management of Madhuband Colliery in re- trenching the following workmen from dates mentioned against .heir respective names, was justified?

Date of retrenchment

Name

i"I> Chutar Mahato ;;2) Chutu Mehera .Z) Bhakvu Mehera

8-4-1964 8-4-1984 8-4-1964

• 4) Kit) a Mehera (5) Fagua Mehera

8-471964 8-4-1964

6) Bisnucharan

8-4-1964

(7) Jagadish Mahato

16-5-1964

16-5-1964

(8) Hiraman Chamar

16-5-1964

(9) Seomani

16-5-1964

(10) Hari Mahato

16-5-1964

(11) Nima Mahato

16-5-1964

(12) Prem Mahato

(2) If not, to what relief are the workmen entitled?

No statement of claim was tiled by the parties before the Dhanbad Tribunal and none was filed before this Tribunal also- Parties, however, had been taking time after time to compromise the dispute and ultimately have done so verifying the same before me today by filing a compromise petition, terms of which are reproduced in the annexure.

As the terms of reference will_ show the dispute relates to retrenchment of 12 workmen. By agreement between the parties it has been agreed that six of them mentioned in paragraph 1 of the petition would be taken back and for others the Union has not pressed the dispute. This is a fair and just settlement of the dispute and an award is recorded in terms thereof.

(Sd.) G. C- ACARWALA,

Presiding Officer.

22-3-1988. ,

Industrial Tribunal-cum-Labour Court, (Central), Jabalpur.

_ Tm BEFORE THE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, JABALPUR CAMP

DHANBAD

IN THE MATTEH OF REFERKNCE NO. 66 OF 1967

Employers in Relation to Madhuband Colliery, P.O. Nudkhurkee, Dist. Dhanbarf

Vs.

Their workmen represented by Hindustan Khan Mazdoor Sangh. Joint petition on behalf of the Parties respectfully sheweth: — 1. That the above mentioned reference is fixed for hearing today the 22nd March, 1968.

2. That without prejudice to the respective stands the parties have resolved;

the matter amicably on the following—•

Grounds:

(a) That the management agreed to provide—

S/Sri Chutar Mahto, S/Sri Chutu Mehera, S/SrI Bhakru Mehra, S/Srl Kitis Mehera, S/Sri Fagua Mehera, and S/Sri Bisnu Charan Mahto.

with work in their respective categories after two months from to-day.

(b) That it is agreed that the workmen whose names have been given in Sub- Clause (a) above shall report for work to the Manager, Madhuband Colliery within one month from 21at May 1968 and in case any or none of the said work- men reports within this stipulated period, the management shall have no further liability to employ him or them, as the case may be. Those who so join th* period of their unemployment shall be treated as leave without pay.

(c) That the union agrees to Intimate the workmen whose names are mention- ed in sub-clause (a).

(d) That in respect of others who cannot be provided with work, the union agrees not to press for them as it is satisfied that there Is no work for them on which they can be employed hi the foreseeable future and agrees to their retrench- ment.

3. That the above terms may please be held as fair and reasonable-

4. That an award based on the compromise may kindly be given.

5. That the parties agree to bear their own costs.

It is, therefore, prayed that Your Honour shall be graciously pleased to accept the terms of compromise as fair and reasonable and give the award accordingly-

And for this your petitioners shall, as in duty bound, ever pray.

For Workmen

F°r Employers

(Sd.) S. V- ACHARIOR,

(Sd.) K. C NANDKEQLYAK, ,

General Secretary, Dy. Chief Personnel Officer, Hindustan Khan Mazdoor Sangh. M/s. K. C. Thapar & Bros, (P) Ltd- Doted: The 22wd March, 1968,

Part of Award.

Sd./- G. C AGARWALA,

Presiding Officer- Industrial. Tribunal-Cum-Labour Court, (Central) Jabalpur. [No. 2/97/64-LRIL1

S.O. 1407.—In pursuance of section 1? of the Industrial Disputes Act, 1947 (14 oL 1B47), the Centra) Government hereby publishes the following award of the Industrial Tribunal, Jabalpur, in the industrial dispute between the employers in relation to the Khas Mehtadih Colliery, (Post Office Katrasgarh, District Dhanbad), and their workmen. which was received by the Central Government on the 6th April, 1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR¹ COURT, JABALPUR CAMP AT DHANBAD

Dated March 19, 1968

PHESENT :

Sri G. C Agarwala—Presiding Officer.

CASE REF. WO. CGIT/LC(R)(4g)/]_967 (JABALI-UR TKIBUJNAL)

CASE REF. NO. 100 OF 1964 (DHANBAD TRIBUNAL)

PARTIES :

Employers in relation to Khas Mehtadih Colliery, (P.O. Katrasgarh District Dhanbad)-

Vs.

Their workmen represented through the Colliery Mazdoor Sanjjh, Dhanbad.

APPEARANCES;

For employers—-Sri D- Narsingh, Advocate-

For workmen—Sri S. Das Gupta, Secretary, Colliery Mazdoor Sangh, Dhanbad..

INDUSTRY; Coal Mine- DISTKICT; Dhanbad (Bihar).

AWARD

The Ministry of Labour & Employment, Government of India referred the following matter of dispute as stated in the schedule to the order of reference, to the Central Government Industrial Tribunal, Dhanbad for adjudication by Nqtt" rication No. 2/77/64-LR.II dated 12th August 1964. It was subsequently tians- ferred to this Tribunal vide Notification No. 8/25/67-LR.II, dated 25lh April, 1967: —

Matter of dispute

(1) Whether the dismissal of Sbri Babulal Charaar, Miner of No. 7 Seam, Khas Mehtadih Colliery, by the management of the said colliery with effect from the 23rd May, 1964 is a case of victimisation?

(2) 11 so, to what relief is the workman entitled?

Parties filed their statement of claim before the Dhanbad Tribunal. After transfer of the case to this Tribunal the Union raised an objection about the validity of the transfer order which was disposed of and the objection was over- ruled by an order uated 6-8-67. The parties took adjournments on various dates and ultimately intimated that they were negotiating for a compromise. They have, however, compromised the dispute and have filed a compromise petition, terms of which, are reproduced in the annexure to this award. As the order of reference would show the dispute relates to the termination of service of a single workman, Sri" Baboolal Chamar, By the compromise settlement, the dispute has been re- solved on payment of Rs. 350/- to the workman concerned besides Rs. 100/- to trie Union.in t'uU and final settlement of his claim- The dispute is, therefore, satis-- factorily resolved and an award is recorded in terms of compromise settlement- '

(SdO G. C- AGAHWALA, •

Presiding Officer.

19-3-1968-

ANNEXURE BEFORE THE PRESIDING OFFICER CENTRAL GOVERNMENT¹ INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT JABALPUR, AT DHANBAD.

REFERENCE NO. 4G OP 1967.

PARTIES:

Management of Khas Mehtadih Colliery,

AND

Its workmen.

Memorandum of Settlement

The parties aforesaid beg to submit that they have settled the dispute involved In the present reference by a mutual settlement on the following terms :—

(i) The management shall pay, and the workman concerned shall accept. In full and final settlement of his claim against the management as arising out of the present reference and also In full and final settle- ment of his claim against the management in respect of (a) wages for unavaiJed leave; (b) one way train fare from the colliery to his permanent address; and (c) profit sharing bonus under the Payment of Bonus Act, 1965, the sum of Rs. 350/- (Rupees three hundred and fifty only).

(II) The workman concerned has no other claim against the management either arising out of the present reference or in respect of his services before his dismissal.

(ill) Besides the aforesaid amount, the management shall also pay to the Colliery Mazdoor Sangh, representing the workman, the sum of Rs. 100/- (Rupees one hundred only) as costs.

(lv) The aforesaid amounts shall be paid within a week from the date of this settlement

2- It is prayed that the Tribunal may be pleased to accept the aforesaid settle- ment and give Its award in terms thereof. (Sd.) S- DASGUPTA,

Secretary,

Colliery Mazdoor Sangh For the Workman

(Sd.) D. NARSINGH,

Advocate

(Sd.) Illegible.

Partner

For the Management. 10th March, 1968-

Pan of Award

(Sd.) G. C. AGARWALA,

Presiding Officer, Industrial Tribunal-Cum-Labour Court. (Central) Jabalpur.

[No. 2/77/64-LRH.}

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT JABALPUR

CAMP AT DHANBAD

Dated March 19, 1968

PRESENT:

Sri G. C- Agarwala—Presiding Officer.

CASK REF. NO. CGTT/LC(R) (103)/1967(JADALFUR TRIBUNAL)

CASE REK. NO. 84 OF- 1964 (DHANBAD TRIBUNAL)

PARTIES:

Employers in relation to Khas Mchtadih Colliery of Khas Mohtadih Colliery Company, P.O. K&trasgarh, District Dhanbad.

Vs.

Their Workmen represented through The Secretary, Colliery Mazdoor Sangh.

APPEARANCES:

For employer*—Sri D. Narsingh, Advocate.

For workmen—Sri Dasgupta, Secretary, Colliery Mazdoor Sangh-

AWARD

By Notiacation No. 1/I1/64-LR-II dated 22nd July 1964 the Ministry of Labour & Employment, Government of India, referred the following matter of dispute as stated.in the schedule to the nrder of reference, to the Central Govt- Industrial Tribunal, Dhanbad for adjudication from where it was transferred to this Tri- bunal vide Govt. Notification No. 8/25/67-LRII, dated 25th April, 1967:

Matter of dispute

(1) Whether the action of the management of the Khas Mehtadih Colliery of Khas Mehtadih Colliery Company, in transferring the miners Sarvashri Raghunath Chamar, Mangal Chamar, Ramdhari Chamar and Dukhanti Chamar from 8th Seam to 5th/6th Seam, is an act of victimisation?

(2) If so, to what relief are the workmen entitled?

The employers filed their statement of claim before the Dhanbad Tribunal. The Union filed the claim before this Tribunal. After rejoinders were filed certain issues were framed on 6th September 1967 which need not be reproduced as on this date of hearing, the parties have compromised the dispute and have filed a compromise petition which has been duly verified before me and is reproduced as annexure.

The root of the dispute appears to have been the order of the management in transferring the workmen concerned from one seam to another. It appears that the management subsequently dismissed these workmen because they disobeyed the order of transfer. These workmen are therefore no more in service. The subject matter of their dismissal it appears is ponding before the Ministry, con- ciliation having failed and no reference seems to have been made so far. By the terms of settlement, the parties have agreed that the workmen concerned will receive certain payments as stated In naragraph 1 of the memo of settlement which shall be an annexure to this award. It has further been agreed that no dispute about their dismissal shall be raised by the Union. The compromise Is a fair and just settlement of the dispute and an award Is recorded in terms thereof.

(Sd.) G. C, AGARWALA.

Presiding Officer. 19-3-6*

ANNEXURE

BEFOKE THE PRESmiKG OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TR1BUNAL-CUM-LABOUR COURT, JABALPUR, AT DHANBAD

REFERENCE NO. 103 OF 1967.

PARTIES:

Management of Khas Mehtadlh Colliery,

AND

Its Workmen.

Memorandum of Settlement

The parties aforesaid beg to submit that they have settled the dispute involved in the present reference by a mutual settlement on the following terms:—

(i) The management shall pay to each workman herein concerned a lumpsum of money as detailed hereinafter, and the workman shall accept the same, In full and final settlement of his claim against the management arising out of the dispute with the management finally culminating in his dismissal from service:—

(a) Erl Rathunath Chamar—Rs. 500/- (Rupees five hundred only).

(b) Sri Ramdhari Chamar—Rs. 450/- (Rupees four hundred and fifty only),

(c) Sri Sheomangal Chamar—Rs. 480/- (Rupees four hundred and eighty

only).

(d) Sri Chota Dukhanti Chamar—Rs. 375/- (Rupees three hundred and

seventy five only).

(ii) The aforesaid amounts shall be inclusive of all the claims of the workmen concerned as arising out of tho present reference and also in lieu of their alleged claim for reinstatement in service and all claims in respect of their service in the colliery till the date of other dismissal.

(ill) Besides the above amounts, the management shall pay to the Colliery Mazdoor Sangh the sum of Rs. 100/- (Rupees one hundred only) as costs.

(iv) The workmen concerned and the Colliery Mazdoor Sangh, acting on their behalf, have no further claim against the management either arising out of their transfer which is the subject-matter of the present reference or out of their dis- missal consequent upon their refusal to accept the order of transfer.

(v) The said amounts shall be paid within a fortnight from the date of this settlement

(vi) The workmen concerned, either through the Colliery Maadoor Sangh, acting on their behalf, or otherwise shall not challenge their dismissal in any pro- ceedings and shall not claim reinstatement in service or any other relief In res- pect of their dismissal.

(vii) It is further agreed that the Colliery that the Colliery Mazdoor Sangh shall Immediately send a copy of this settlement to the Central Government in the Ministry of Labour and Employment with a request that the dispute raised by it in the matter of the dismissal of the workmen herein concerned may be treated as closed in view of this settlement.

(viii) In the event, however, of a reference having already been made by this time In the matter of the dismissal of the four workmen herein concerned, the Colliery Mazdoor Sangh agrees not to contest the matter before the Tribunal con- cerned and to produce before the said Tribunal a copy of this settlement and the award which this Tribunal may be pleased to give in terms of this settlement ana pray before the said Tribunal that the matter may he disposed of in terms of this settlement.

2- It is prayed that the Tribunal may be pleased to accept the aforesaid settle- ment and give its award in terms thereof.

(Sd.) S. DASOUPTA Secretary,

(Sd.) D. NARSINGH, Advocate (Sd-) Illegible

Colliery Mazdoor Sangh, For the Workmen

For the Management.

The 19th March, 1968. Part of Award.

(Sd-) G, C. AGARWALA,

Presiding Officer, Industrial Tribunal-cum-Labour Court, (Central) Jabalpur [No. 1/11/64-LRII.]

S.O. 1409.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 •of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Jabalpur, in the industrial dispute between the employers in relation to the Salanpur Colliery, Post Office Katrasgarh, District Dhanbad (Sarvasri Hiranmaya Barat and" Manickchandra Barat, Managing Contractors) and their workmen, which was received by the Central Government on the 6th April, 1968.

CENTRAL GOVERNMENT INDUSTRIAAL TRIBUNAL-CUM-LABOUR COURT JABALPUR CAMP AT DHANBAD

Dated March, 19, 1967.

Present:

Sri G. C. Agarwala—Presiding Officer.

Case Ref. No. CGIT/LC(R)(41)/1967 (Jabalpur Tribunal)

Case ReEerence No. 88 of 1964 (Dhanbad Tribunal)

Parties:

Employers in relation to Salanpur Colliery, P.O. Katrasgarh, District Dhan- bad (Sarvashri Hiranmaya¹ Barat and Manickchandra Barat, Managing Conti-ctors)

Vs.

Their Workmen, represented through the General Secretary, Bihar Koyala Mazdoor Sabha, Dhanbad.

APPEARANCES:

For employers—Sri Hiranmay Barat. For workmen—Sri Lalit Burman for the Union,

INDUSTRY: Coal Mine

DISTHICT: Dhanbad

AWARD

By Notification No. 1/18/64-LRII-II, dated 1st August 1964 the Ministry of Labour and Employment, Government of India, referred the following matter of dispute, as stated in the schedule to the order of reference, to the Central Govern- ment Industrial Tribunal, Dhanbad, for adjudication and where from it was transferred to this Tribunal by Notification No. 8/25/67-LR-II, dated 25th April, ]967:~-

Matter of Dispute

(1) Whether the management of the Salanpur Colliery was justified in dis- missing from service the following eleven workmen?

.1, Bivisan Mahato, Trammer, 2, Puran Mataato, Hazri Mazdoor. 3. Bhusan Mahato, Trammer.

4. Dayal Mahato, Hazri Mazdoor. 5. Katti Singh, Hazri Mazdoor. 6. Mahadeo Singh, Hazri Mazdoor. 7. Sanichar Bhuia, Trammer. 8. Kashi Bowri, Trammer. 9. Ramdhani Kumbhar, Hazri Mazdoor.

10. Haru Mallik, Hazri Mazdoor. 11. Netai Mahato, Trammer.

(2) If not, to what relief are the workmen entitled?

2. The employers filed their statement of claim before the Dhanbad Tribunal Union filed statement of claim before this Tribunal and after rejoinders were filed certain issues were struck in the case on 19th February 1968. On this date Of hearing, the parlies have however filed a compromise petition which has been duly verified before me. The case of the Union was that the workmen were employed either in Lakurka Khas Colliery or Salanpur Colliery in the bottom aeam but the management locked them out and offered alternative employment as miners reducing their wages and ultimately refused to give employment with effect from 1st April 19ft4. The management on the other hand contended that the; workers themselves did not turn up and they were issued charge-sheets for continued absence. They were ultimately dismissed after the enquiry on 17th June, If€4. The employers further intimated that they were contractors and th^ir contract has come to an end on 30th June, 1964. The terms of settlement which is annexure to this award will show that all the workmen concerned arc being given employment and some of them are going to get monetary benefit also. The compromise as a whole is a fair and just settlement of the dispute and an award is recorded in terms thereof.

(Sd-) G. C. AGARWALA,

Presiding Officer. 19-3-1968.

ANNEXUHE

BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR AT DHANBAD REFERENCE NO. CGIT/LC(R)(4U/07

DHANBAD REFERENCE NO. 88 OF 1964

BETWEEN

Employers in relation to Salanpur Colliery P.O. Katrasgarh, Dist. Dhanbad (Sarvasree Hiranmoy Barat & Manick Chandra Barat, ex-managing Contractors')

AND

Their workmen, represented by Bihar Koyla Mazdoor Sabha, Dhanbad.

The humble petition on behalf of the parties abovenamed most respectfully beg to submit that the parties have mutually settled the dispute on the following terms:—

Terms of Settlement

(1) That Ramdhani Kumbhar (Serial No. 9) has died during the pendency of the present reference after taking his final payments from the management and therefore, there is no dispute relating to him.

, (2) That Sarvasree Hiranmoy Barat & Manick Chandra Bara-t, the ex-managing contractors of Salanpur Colliery have already provided the following workmen with employment at their Lakurka Khas Colliery and they are continuing in employment:—

(a) Sri Bivisan Mahato (serial No. 1). (b) Sri Puran Mahato (serial No. 2). (c) Sri Bhusan Mahato (serial No. 3). (d) Sri Sanichar Bhuia (serial No. 7).

(3) That the aforesaid Hiranmoy Barat and Manick Chandra Barat, ex- msmaglng contractors of Salanpur Colliery hereby agree to give employment to

the following workmen at their Lakurka- Khas Colliery, latest by the 10th May 1968, provided they offer themselves for the employment;—

(a) Sri Dayal Mahato (serial No. 4). (b) Sri Katti Singh (serial No. 5). (c) Sri Mahadeo Singh (serial No. 6). (d) Sri Kashi Bouri (serial No. 8). (e) Sri Haru Mallik (serial No. 10). (f) Sri Nitai Mahato (serial No. 11).

(4) That all the workmen excepting (a) Sri Dayal Mahato SI. No. 4, (b) Sri Katti Singh, SI. No. 5, (c) Sdi Mahadeo Singh, SI. No. 6, (d) Sri Haru Mallik, SI. No. 10, have already accepted payment of their dues in full and final settlement of their claim from the management and as such they have no further claim in the instant reference.

(5) That the four workmen namely (a) Dayal Mahato, SI. No. 4, (b) Katti Singh, SI. No. 5. (c) Mahadeo Singh, SI. No. 6. and (d) Haru Mallik, SI. No. 10 .shall be paid a sum of Rs. 125 (rupees one hundred twenty five) only each as pay- ment of their dues in full and final settlement of their claims from the manage- ment in the instant reference. The said payment will be made to the workmen within 15 days from date.

(6) That the parties shall bear their respective costs of these proceedings. (7) The parties pray that the Tribunal may be pleased to accept these settle- ment and pass an award in terms thereof.

(Sd.) HIRANMAY BARAT, 19.3.1968.

(Sd.) LALJT BUHMAN, 19.3 1968. General Secretary, MANICK CHANDRA BARAT, Bihar Koyla Mazdoor 19.3.1968. Sabha¹, Dhanbad. Ex-managing contractors of Salanpur Colliery.

For the Workmen. For the Employers.

Dated the 19th March, 1968.

Part of Award

(Sd) G- C. AGARWALA, Presiding Officer,

Industrial Tribunal-Cwm-Labour Court,

(Central) Jabalpur.

[No. 1/18/64-LRII-II.]

SO 1410—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947) the Central Government hereby publishes the following award of the Industrial Tribunal, Jabalpur, in the, industrial dispute between the employers in relation to the Lakurka Khas Colliery of Messrs Barat's Debuttw Estate, Lakurka Khas Colliery, Post Office Katrasgarh, District Dhanbad and their workmen, which was received by the Central Government on the 6th April, 19B8.

BEFORE THE ^ W m A ^ ^ ^ m g^ ^ ^^ TRIBUNAL-GUM-

CAMP AT DHANBAD

Dated March 19, 1968.

PHHBENT:

Shri G. C. Agarwala—Presiding Officer.

CASE RET. NO- CGIT/LC(R)(40) OF 1967 (JABALPUR TRIBUNAL) CASK REFERENCE NO. 87 OF 1964 (DHANBAD TRIBUNAL)

p ARTIES ;

Employers in relation to Lakurka Khas Colliery of M/s. Barat's Debuttar- Estate, Lakurka Khas Colliery, P.O. Katrasgarh, Dlstnct Dhanbad.

Vs.

Their Workmen represented through the General Secretary Bihar Koyla Mazdoor Sataha, Dbanbad.

APPEARANCES:

For evvployers.—Hiranmay Barat & Manick Chandra Barat, Shebaits, Barat's Debuttar Estate Lakurka Khas Colliery.

For workrnen.—Sri Lalit Burman, General Secretary, Bihar Koyla Mazdoor Sabha, Dhanbad.

AWARD

By Notification No. 1/18/64-LR.II-I, dated 1st August 1964 the Ministry of Labour and Employment, Government of India, referred the following matter of -dispute, as stated in the schedule to the order of reference, to the Central Govern- ment Industrial Tribunal, Dhanbad for adjudication, from where it was transferred to this Tribunal by Notification No. 8/25/67-LRII, dated 25th April, 1E67:

Matter of Dispute

(1) Whether the management of Lakurka Khas Colliery of Messrs Barat's Debuttar Estate was justified in locking out the following twenty workmen with effect from the 20th April 3964:—

1.. Sri Dayal Mahato, Hazri Mazdoor. 2. Dhanu Rajwar, Miner. 3. Kali Bouri, Hazri Mazdoor. 4. Harit Mallik, Hazri Mazdoor, 5. Sanichar Bhuia, Trammer. 6. Nitai Mahato, Trammer. 7. Gour Mahato, Hazri Mazdoor. 8. Puran Mahato, Hazri Mazdoor, 9. Ramdhanl Kumbbar, Hazri Mazdoor,

10. Bhusan Mahato, Trammer. 11. Kartic Rai, Fitter Mazdoor, 12. Bsijnath Bouri, Trammer. 13. Bivisan Mahato, Trammer, 14. Katti Singh, Hazri Mazdoor, 15. Mahadeo Singh, Hazri Mazdoor, 16. Kashi Bouri, Trammer. 17. Sri Gonouri Bhuia, Trammer. 18. Bhaghu Bouri, Hazri Mazdoor. 19. Charntu Bhuia, Trammer, 20. Kishan Mahato, Trammer.

(2) If not, to what relief are the workmen entitled?

The employers filed statement of claim before the Dhanbad Tribunal. The Union filed statement of claim before this Tribunal. After rejoinders were filed certain issues were framed on 22nd July 1967 which need not be reproduced DS the parties have now compromised the dispute and filed a petition embodying the terms of settlement which are reproduced in the annexure. As the terms of reference would show the dispute is regarding non-employment of the concerned workmen. The compromise would reveal that almost all the workmen have been assured employment and some have derived monetary benefit. The dispute is thus satisfactorily resolved. The compromise settlement is accepted being a fair and just settlement of the dispute and an award is recorded in terms thereof.

(Sd.) G. C. AOARWALA,

Presiding Officer.

19-3-1968.

ANNEXURE

BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JABALPUR AT DHANBAD

REFERENCE NO. CGIT/LC(R)(40)/67

DHANBAD REFERENCE NO- 87 OF 1964 BETWEEN

Employers in relation to Lakurka Khas Colliery of M/s. Barat's Debuttar Estate, Lakurka Khas Colliery, P.O. Katrasgarh, Distt. Dhanbad.

AND

Their workmen, represented by Bihar Koyla Mazdoor Sabha, Dhanbad. The humble petition on behalf of the parties abovenamed most respectfully beg to submit that the parties have mutually settled the dispute on the following terms:—

Terms of Settlement

(11 That Ramdhani Kumbhar (serial No. 9) has died during the pendency of the present reference after taking his final payments from the management and therefore, there is no dispute relating to him,

(2) That the management has already provided the following workmen with employment at their Lakurka Khas Colliej-y and they are continuing in employ- ment ::—

      (a)  Sri  Dhanu  Rajwar                   (serial  No.  2).
      (b)  Sri Kali  Bouri                      (aerial  No. 3).
      (c)  Sri  Sanichar  Bhuia                 (serial  No. 6).
      (d)  Sri  Gour  Mahato                    (serial  No. 7),
      (e)  Sri Puran  Mahato                    (serial  No. 8).
      (t)  Sri Bhusan  Mahato                   (serial  No. 10).
      (g)  Sri Baijnath  Bouri                  (serial  No.  12).
       (h)  Sri Bivisan  Mahato                 (serial  No.  13).
      (i)  Sri  Kishan  Mahato                  (serial  No.  20).
    (3)  That  the  management  hereby  agrees  to  give  employment  to  the  following
workmen  at  their  Lakurka  Khas  Colliery,  latest  by  the  10th May 1968, provided
they  offer  themselves  for  employment:-—
      (a)  Sri  Nitai  Mahato                   (serial  No. 6).
      (b)  Sri Kartik  Rai                      (serial  No. 11).
      (c)  Sri  Kashi  Bouri                    (serial  No. 16).
      (d)  Sri Gonouri  Bhuia                   (serial  No. 17).
      (e)  Sri Bhaglu  Bouri                    (serial  No. 18).
       -,f)  Sri  Chamtu  Bhuia                  (serial  No. 19).
      (g)  Sri Dayal  Ma-hato                   (serial  No. 1).
       (h)  Sri Katti  Singh                    (serial  No, 14).
       (i)  Sri  Mahadeo  Singh                 (serial  No. 15).
       (j)  Sri Haru  Mallik                     (serial  No. 4).
    (4)  That  all  the  workmen  excepting  (a)  Dayal  Mahato  serial
Singh,  serial  No, 14, (c)  Mahadeo  Singh,  serial  No. 15, and  (d) H;
No... 4/'have, already  accepted  payment  of  their  dues  in  full  and fl
their  claim  from  the management  and  as  such  they  have  no fun
 instant  reference.
    (5)  The four  workmen  namely,  Dayal  Mahato,  SI. No. 1, Haru  Mallik,  SI. No.  4,
Katti  Singh,  SI. No. 14, and  Mahadeo  Singh,  SI. No. 15  shall  be  paid  a  sum of
 Rs  125 (  rupees  one  hundred  twentyflve)  only  eacha  s  payment  of  their  dues  in
 full  and  final  settlement  of  their  claims from  the  management  in  the  instant
 reference.  The said  payment  will  be  made  to  the  workmen  within  15 days  from
 date.                                      I

(6) The parties shall bear their respective costs of these proceedings.

(7) The parties pray that the Tribunal may be pleased to accept this settlement .and pass an award in terms thereof.

(Sd.) HlRANMAY B AR AT,

19.3.1998.

(Sd.) MANICK CHANDRA BABAT,

19.3.1968.

(Sd.) LALIT BUHMAN,

19.3.1 E"S.

General Secretary, Barat's Debuttar Estate Bihar Koyla Mazdoor Lakurka Khas Colliery. Sabha, Dhanbad. FOR THE EMPLOYERS.

•For the Workmen.

Dated the loth March 1968

Part of Award

(Sd) G, C ACARWALA), Presiding Officer,

Industrial Tribunal-Cum-Labbur Court,

(Central) Jabalpur.

[No. 1/18/64-LBII-L]

ORDERS

New Delhi, the 5th April 1968

S.O. 1411.—Whereas the Central Government is of opinion thait an industrial dispute exists between the employers in relation to the management of Newton Chickli Colliery, Post Office Parasia, District Chhindwara (Madhya Pradesh) and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

Whether the action of the management of Newton Chickli Collieries (Private) Company Limited, Post Office Parasia, District Chhindwara (Madhya Pradesh) in terminating the term of apprenticeship and the services of Shri Narendra Nath Sharma, Mining Apprentice, -was justified? If not, to what relief is the workman entitled ?

[No. 3|12|68-LBIL]

S.O. 1412.—Whereas the Central Government is of opinion that an industrial -dispute exists between the employers: in relation to the management of Messrs Shaw Wallace and Company Limited, Post Office Parasia, District Chhindwara (Madhya Pradesh) and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

Whether the action of Messrs Shaw Wallace and Company Limited, Post Office Parasia, District Chhindwara (Madhya Pradesh) in changing the office timings for the workers of their Central Main Stores named below with effect from the 1st June, 19C7, vide Order dated the 23rd May, 1967, was justified?

1. Shri S. S. Killedar. 2. Shri M. M. Garg. 3. Shri S. K. Neyogi. 4. Shri L. G. Kshlrsagar. 5. Shri H. R. Shrivastava. 6. Shri Ghasiram. 7. Shri B. R. Chakraborty. 8. Shri S. P. Shrivastava. 9. Shri Beni Prasad. 10. Shri Harl Shankar. 11. Shri Anna Rao. 12. Shri Matroo.

If not, to what relief are the workmen entHled?

[No, 5/S7/67-LRIU

S,O. 1413.—Whereas an industrial dispute exists between the West Gopali- chuck Colliery of Messrs Central Kirkend Coal Company Limited, Post Office Kusunda, District Dhanbad (hereinafter referred to as the said company) and their Workmen represented by the Bihar Koyala Mazdoor Sabha, Post Office and District Dhanbad (hereinafter referred to as the Union);

And whereas the said Company and the Union have by a written agreement, m pursuance of the provisions of sub-section (1) of section 10A of the Indus- trial Disputes Act, 1947 (14 of 1947), referred the said dispute to the arbitra- tion of the person specified therein, and a copy of the said arbitration agreement has been forwarded to the Central Government;

Now, therefore, in pursuance of the provisions of sub-section (3) of section 10A of the Industrial Disputes Act 1947 (14 of 1947), the Central Government hereby publishes the said agreement, which was received by it on the 1st April, 1988. '

(Arbitration Agreement)

FORM 'C

(See Rule 7)

(under Section 10A of the Industrial Disputes Act, 1947.)

Name of the parties: •—

Representing Employers-—Shri G- C. Mukherjee, Manager, West Gopali- chuck Colliery of Messrs Central Kirkend, Coal Company Limited, Post Office Kusunda, District Dhanbad.

Representing Worjcmen.—Shri Lalit Burman, Secretary, Bihar Koyala Mazdoor Sabha, Post Office and District Dhanbad,

It, is hereby agreed between the parties to refer the following industrial dis- pute to the arbitration of Shri K. Sharan, Regional Labour Commissioner {Cen- tral;, Asansol.

U) Specific matters in dispute:-— Whether the management of west Gopalichuck Colliery of Messrs Central Kirkend Coal Company Limited,. Post Office Kusunda, District Dhanbad was justified in dismissing irom service Shri Nageshwar Singh, Guard with effect from 13th December, 1966? If not, to what relief is the work- man concerned entitled?

(11) Details of the parties lo the dispute including the name and address of the establish- ment or undertaking invol- ea: —

(111) Name of the union, if any representing the workmen In question: —

(iv) Total number of workmen em- ployed in the undertaking affected:—

(v) Estimated number of workmen affected or likely to be affected by the dispute: —

Employer in relation to West Gopalichuck Colliery of Mes- srs Central Kirkend Coal Company Limited, Post Office Kusunda, District Dhanbad ana its workmen.

Bihar Koyala Mazdoor Sabha C/o. Indian Mine Workers' Federa- tion, Post Office and District Dhanbad.

450.

1 (one).

We further agree that the decision of the arbitrator shall be binding on us.

The arbitrator shall make his award within a period of 3 (three) months or with- in such further time as it extended by mutual agreement between us in writing, in case the award is not made within the period aforementioned, the reference to arbi- tration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.

Signature of the parties: Representing Employer,

Witnesses:—

1 Sd./- Illegible. 29-3-1968.

for and on behalf of M/s. Central Kirkend Coal Co. Ltd.

Sd,/- G. C- MUKHERJEE,

Manager. Representing Workmen •

Sd./- LALIT BURMAN,

29-3-1968.

2. Sd/- Illegible. Secy. Bihar Koyala Mazdoor Sabha

29-3-1968. P. O. Dhanbad, Distt., Dhanbad.

[No. 2/52/87-LRII.J

NeiD Delhi, the 6th April 1968

S.O. 1414.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the Samla Dalurband Colliery, Pont Office Pandaveshwar. District Burdwan, and their workmen In respect of th^| matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

Whether the management of Samla Dalurband Colliery, Post Office Pandaveshwar, District Burdwan was justified in stopping Shrl Dharmadas Ghosh, Mining Sirdar from work with effect from the 23rd December, 1966? If not, to. what relief Is the workman entitled? fNo. 6/25/68-LRII]

S.O. 1415.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the Sripur Collieries, Post Office Kalipahari, District Burdwan and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

Whether the action of the management of the Sripur Collieries, Post Office Kalipahari of Lodna Colliery Company (1920) Limited, in refusing to designate the undermentioned 33 daily rated Basket Counters as Pit Munshls and In not placing them in Grade III, is justified?

1. Shri Salig Ram Singh. 2. Shri Shew Shankar Singh. 3. Shri Hari Sharan Sukul. 4. Shri Bateshwar Dayal Pandit. 5. Shri Tej Bahadur Singh. 6. Shri Hang Bahadur Singh. 7. Shri Ram Bahadur Singh. 8. Shri Dal Bahadur Singh. 9. Shri Samser Singh.

10. Shri Ram Narain Singh. 11. Shri Babai Singh. 12. Shri Surj Narain Singh.. 13. Shri Uma Shankar Sharma. 14. Shri Sukhapal Singh. 15. Shri Ram Naresh Singh. 16. Shri Ran Ber Singh. 17. Shri Lachman Saw. 18. Shri Jagar Nath Tari. 19. Shri Raja Ram Rar. 20. Shri Biswanath Pande. 21. Shri Bharti Ojha. 22. Shri Jagendra Ojha. 23. Shri Hanuman Ojha. 24. Shri Ram Darsh Ojha. 25. Shri Asthobhuia\ 26. Shri Laxami Singh. 27. Shri Sarda Singn. 28. Shri Ram Lai Singh. 2B. Shri Bhagan Prasad. 30. Shri Jagan Prasad. 31. Shri Madha Panre. 32. Shri Nand La-1. 33. Shri Ram Brach Yadav,

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

[No. 6/21/68-LR.IL]

New Delhi, the 8th April 1968

SO 1416—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the New Jemehari Khas Colliery of Messrs New Jemehari Khas Colliery (Private) Limited, Post Office J. K. Nagar, District Burdwen, and their workmen in respect of the matters specified In the Schedule hereto annexed;

And whereas, the Central Government considers it desirable to refer the said

dispute for adjudication;

Now therefore in exercise of the powers conferred by clause (d) of sUb- w a S T c i) <5 section 10 of the Industrial Dispute Act 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Central Government Industrial Tribunal. Calcutta, constituted under section 7A of the said Act-

SCHEDULE

(1) Whether the management of New Jemehari Khas Colliery (Private) Limited, 23, Mukhram Kanuria Road, Howrah, is justified in not paying variable deamess allowance at the rate of Rs. 1 • 1 lp per day per workman frorm the 15th August, 1967 to the workmen employed in their New Jemehari Khas Colliery, Post Office J- K. Nagar (Burdwan)? If not, to what relief are these workmen entitled?

(2) Whether the management of New Jemehari Khas Colliery (Private) Limited, 23 Mukhram Kanuria Road, Howrah, is" justified in stopping the following workmen tbf the New Jemehari Khas Colliery, Post Office J. K. ^Nagar (Burdwan) from work from the dates shown agai nst each: —

1- Shri Rajdeo Rajbhor—25th December, 1967. 2. Shrl Nabab Singh—25th December, 1967. 3- Shri Bidyadhari—24th January, 1968, 4- Shri Sudarshan Rajbhar—24th January, 1968- 5. Shri Kokil Ram—24th January, 1968. 6. Shri Ghuri Rajbhor—24th January, 1968. 7. Shri Triloki Kewat—24th January, 1968, 8. Shri Jhinguri Rajbhar—24th January,- 1968. 9- Shri Rangalal Shaw—24th January, 196B-

10. Shri Ramjash—24th January, 1968. 11. Shri Babulal—24th January, 1968. 12. Shri Shew Narain—24th January, 1968. 13- Shri Nizam Khan—24th January, 1968. 14. Shri Kedar Rajbhar—24th January, 1993. 15. Shri Ch. Sudama Rajbhar—19th January, 1968.

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

[No. 0/19/68-LRII.l

8.0. 1417.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the 7 and 8 Pits Jamuria Colliery of Messrs Equitable Coal Company Limited, Post Office Disergarh, District Burdwan and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

Whether the management of 7 and 8 Pits Jamuria Colliery was justified In dismissing from service Shri Janardan, Stone Dusting and Watering Mazdoor, with effect from the 22nd December, 1967?

If not, to what relief is he entitled?

[No. 6/24/68-LRII.]

BALWANT SINGH, Under Secy.

(Department of Labour and Employment)

New Delhi, the 10th April 1968

S.O. 1418.—Whereas the Central Government is satisfied that public interest requires that 'service in the uranium industry' should be declared to be a public utility service for the purposes of the Industrial Disputes Act, 1847;

Now, therefore, in exercise of the powers conferred by sub-clause (vi) of clause (21) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby declares the said service to be a public utility service for the purposes of the said Act for a period of six months from the date of publication of this notification.

[No. F. 1/19/68-LRI-II.]

S.O. 1419,—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, Allahabad, in the industrial dispute between the employers in relation to M/s. Central Bank of India, Ltd., and their workmen, which was received by the Central Government on 1st April, 1968.

BEFOBE THE INDUSTRIAL TRIBUNAL (CENTRAL), ALLAHABAD

Dated; Camp Kanpur; March 25, 1968

PHCSENT :

Sri Mithan Lai—Presiding Officer.

REFERENCE NO. (C) (5) OP 1967

BETWEEN M/s. Central Bank of India Ltd., Agra

AND

Sri K. D. Kaushik, one of their workmen, through the General Secretary, UP Bank Employees Federation, 35-A, Katchary Road, Lucknow.

APPEARANCES ;

On behalf of the Bank—Sri C. L. Chopra, Legal Adviser. On behalf of the Workman—Sri O. P. Nigam, General Secretary of the

aforementioned Federation.

INDUSTRY : Banking

AWARD

The Central Government in exercise of the, powers conferred by Section 7A and clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 <14 of 1947) referred the following dispute for adjudication to this Tribunal under Notification No, 51/44/67/LRJII, dated New Delhi the 16th September, 1967:—

"Whether the action of the management of the Central Bank of India Ltd., Belanganj, Agra in terminating, with effect from the 1st June. 1967, the services of Shri K. D. Kaushik, Clerk-cunintypist at Etawah Branch of the Bank, was justified? If not, to what relief is the workman entitled?

It is admitted to the parties that Sri K, D. Kaushik was appointed in the Etawah Branch of the Central Bank of India Ltd., as a Clerk-cum-Typist on temporary basis on 20th April, 1966, He continued to work in that capacity till- 31st December lr<36 by extending his term of appointment from time to time. During the period of eight months and three days' service there was a nominal break of eight days otherwise his service was continuous. He was appointed on probation for six months with effect from 3rd Jan. 1967 and while he was still on such a probation his services were terminated on the 1st June, 1867.

The present dispute has been espoused by the U.P. Bank Employees Federa- tion It has been alleged that there was a clear vacancy in the Etawah Branch, that having regard to the provisions of para¹. 20.8 and 20.10 of the Bipartite settle- ment dated the 19th October 1966 per Ex. W/10, the petitioner should have been appointed permanently with effect from the 3rd January 1967 in view of his past service of more than eight months. It is complained of that the Bank indulged in unfair labour practice and the whole thing was done to victimise the petitioner. The termination of petitioner's services from time to time and ultimately with effect from the 1st June, 1967 were against the principle of natural justice.

The petitioner prays that he be declared a permanent employee of the Bank and the action of the Bank in terminating his service be held as unjustified and illegal.

The case of the Bank, on the other hand, is that Sri Kaushik was appointed in temporary vacancies from time to time because of the absence of permanent mem- beri of the staff. He was taken on probation when there was increase in the volume of business and he was allotted one particular seat to look after the work of th" Bank. It is denied that there was a clear vacancy earlier than the 3rd January 1967 and so the period of temporary employment before 3rd January should not be taken into account. The Bank is said to have acted within the pro- vision of para. 20.8 of the Bipartite settlement. The reason for termination of the service is said to be unsatisfactory work of Sri Kaushik.

From the, pleadings of the parties the following further issue was framed:—

"Whether having regard to the period of temporary service of Sri K. D. Kaushik, the management instead of putting him on sue months' pro- bation should have made him permanent with effect from the 3rd January 1967 in view of the. provision of para. 20.8 of the Bipartite agreement?"

Findings

Issue No. 1.—The facts of the case are not in dispute except as to v/hether the appointment of Sri Kaushik was made in a clear vacancy or on account of any other reason. They are further made out by the documents and records. Kaushik's first appointment was made on his application—Ex. E/13-per order Ex. E/ll. This appointment was for a period of two months. With a break of two days, he was again appointed from 23rd June to 22nd August for two months, then from 25th August to 24th September, then from 27th September to 26th October and then from 29th October to the 31st December 1966. This is shown by papers Exs. E/4 to E/10 and E/12. The workman has also filed original appointment orders. They are Exs. W/2 to W/5.

Sri Kaushik was appointed on probation with effect from the 3rd January as shown by Ex, E /l and Ex. E/2 or Ex- W/6. His services were terminated wiih immediate efl'ect on the 1st June, as shown by Ex. E/3 or Ex. W/7.

The reason for appointment of Sri Kaushik is said to be the existence of clear vacancy on account of permanent increase in the volume of work, while the Bank has said that the appointment was done temporarily in leave vacancies. The stand taken by the Bank is obviously incorrect because the details of lea:ve availed by the staff which has been given by the Bank, per Ex. E/14, do not at all justify the stand taken by the Bank, None of the orders of appointment shows that Sri Kaushik was appointed in any leave vacancy. In fact on the dates of appointments during the year 196S no employee of the Bank went on long leave. It is true that some of the employees of the Bank took short leaves from April to December but that was at a time when Kaushik was already serving the Bank. To say that Kaushik was appointed in leave vacancies or during the absence of the permanent employee is nothing but untruth.

So far as the oral evidence goes Sri Kaushik has examined himself while Sri Bhagwan Sahai Srivastava. Offlcer-in-Charge of Etawah Branch has been examined on behalf of the Bank. The statement of Sri Kaushik makes out that he was appointed in a clear vacancy because the strength of the Etawah Branch of the Bank had been raised from five to six. There is no documentary proof of this fact but the statement of Sri Srivastava (E.W. 1) goes to show that Kaushik was appointed to cope with the increased volume of work. He made it further clear in his cross-examination that the increase in work was continuing from April, I960 and it was due to that increase that Kaushik was put on probation from 3rd January 1967 One fact which is established from the statement of Sri Srivastava is that the appointment of Sri Kaushik in the month of April, 1966 or in subse- quent months, was not due to leave, vacancies but due to increase in work. It is also clear from this witness's statement that it was due to this increase in the volume of work that led to the appointment of Sri Kaushik on probation m the month of January 1967- When the witness was asked as to with efl'ect irom what date the sixth post was sanctioned in the Etawah branch he stated that it was with effect from the 3rd January lf'67 but he was not sure of it. He was put a specific question whether it will be, correct to say that the sixth post was created from the fst January 196B or 1st April, If66, he stated that he could not give an answer without looking into the relevant records. There cannot therefore be two opinions that the, appointment of Sri Kaushik was made in April 1966 and also in subsequent months due to increase in work of permanent nature. Since that Increase constituted a basis for the appointment of Sri Kaushik on probation or in other words since the increase of work led the Bank to create a permanent vacancy it cannot be said that the appointment of Sri Kaushik from time to time

from April, 1966 to December. 1966 was on a work essentially of a temporary nature or was due to any temporary increase of work of permanent nature. It appears to have been due to increase of work of permanent nature.

The question which now arises is whether in view of paragraphs 20.8 and 20.10 of the Bipartite settlement—Ex. W/10—Sri Kaushik should have been confirmed .as a permanent workman on 3rd January 19157 when he was appointed on proba- tion, or not.

Para. 20.7 of the Bipartite settlement—Ex. W/10 in supersession of certain rro- visions of Desai Award defines a temporary employee-—

"As a workman who has been appointed for a limited period for work which is of an essentially temporary nature or who is employed temporarily as an additional workman in connection with a temporary increase in work of a permanent nature and includes a workman other than a permanent workman, who is appointed in a temporary vacancy caused by the absence of a particular permanent workman."

The findings given above will bring the case of Sri Kaushik under para. 20,10, which lays down—

"Any temporary workman (other than a godown-keepe,r or godown-watch- man) who is, on the date of this settlement, in a bank's service, will be treated as a confimed workman irrespective of his qualifications, if he satisfied the following two conditions:—

ix) that he does not fall within the definition of "temporary employee" as above; and

(ii) that he had already worked for a continuous period (ignoring breaks in service not exceeding 15 days at a time) aggregating 240 working days."

The date of the Settlement is the 19th October 1966. Under para 22,3 this settlement came into operation from the 19th November 1966, for the purpose of this case Sri Kaushik was a* temporary workman on the date of the settlement. He had put in more than 240 working days, ignoring the breaks of eight days from April, to December when he was appointed on probation on the 3rd January 1967. Since the work for which Sri Kaushik was appointed was considered to be of a permanent nature by appointing¹ him on probation, his case would not fall within the definition of temporary employee and he having worked for a continuous period of more than 240 days till the, 3rd January 1967 he should have been treated to be a confirmed workman under para. 20.10. Moreover under para. 20,3 if a temporary workman is eventually selected for filling up a clear vacancy the period of such temporary employment will be taken into account as Dart of his pro- bationary period. Under the circumstances, both under para. 20.8 and para. 20,10 Sri Kaushik having remained in service for a continuous period of more than eight month,-, he should have been appointed permanently to fill up the vacancy •or in any case tho period of temporary employment should have been taken into account as part of the probationary period under para. 20.8. His case is further covered by para. 20.10 and he should have been confirmed and made a permanent workman with effect from the 3rd January 1967 when he was placed on probation.

The action of the Bank in appointing Sri Kaushik on probation on the 3rd January 1967 was in violation of the terms of the Bipartite Settlement—Ex. W/10, particularly para. 20.8 and para. 20.10.

Matter of Dispute.—After appointing Sri Kaushik on six months probation with effect from the 3rd January 1967 (which ought to have been on a permanent basis, as held above) the services of Sri Kaushik were terminated with effect from 1st June, 1D67. It has already been held above that Sri Kaushik should have been appointed as a permanent workman, instead on probation, and the action of the Bank in appointing him on probation was contrary to the Bipartite Settlement, both in letter and spirit, The services of Sri Kaushik could not be terminated with effect from the 1st June unless proceedings, as required for terminating the seryices of a permanent workman, were taken. The act of the Bank in termi- nating the service of Sri K. D. Kaushik, cannot be held to be justified.

eervices of Sri K. D. Kaushik it should have taken ihe same steps as required for terminp+ing the service of a permanent hand.

The Bank shall pay a sum of Rs. 250 (Rs. Two hundred and fifty) only as costs to the Federation.

Payment under this award shall be made within a period of one month from the date the award becomes enforceable in law.

(Sd.) MITIIAN LAL,

Presiding Officer, Camp Kanpur, 25-:3-1968,

| No. 51/44/67-LRIII.]

S.O. 1420.—In pursuance of section 17 of the Industrial Disputes Act, Ifl47 (.14. of 1947), the Central Government hereby publishes the following award o£ ShrL G. S. Shamanna, Arbitrator in the dispute between the management of Messrs- K. G- Khanna and Sons, Raising Contractors, Ispat Lime Stone Quarry, Babupur,- Satna and their workmen represented by Royrkela Project Mazdoor Union, Babu- pur, Satna which was received by the Central Government on the 22nd March,. 1968.

BEFORE SHRI G. S. SHAMANNA, ASSISTANT LABOUR COMMISSIONER (C), AND ARBITRATOR In the matter of reference by an Agreement dated the 2r>th May 1967 und^r section 10A of the Industrial Disputes Act 1947

BETWEEN

M/s. K- G- Khanna & Sons, Raising Contractors, Ispat Lime Stone Quarries, Babupur, Satna (M.P.)

AND

Their workmen represented by the President, Rourkela Project Mazdoor Union, Babupur, Satna (M.P.)

AWARD

Dated the 16th March 1968

On the 25th May 1967, the management of M/s, K. G. Khanna & Sons, Raising;

Contractors, Ispat Lime Stone Quarries, Babupur, Satna (MP) represented by their Partner Shri Khimtilal Khanna and their workmen represented by Sliri Badri Singh, President of the Rourkela Project Mazdoor Union, Babupur, Satna (M,P.) executed an agreement under Provisions of Sub-Section (1) of Section 10A of the Industrial Disputes Act 1947 to refer the Industrial Dispute to my arbitration, which agreement was published in the Gazette of India dated 1st July 1907 under Sub- Section (3) of Section 10A of the Industrial Disputes Act 1947 (vide S.O. No. 2218 dated 26th June 1967).

2. The terms of reference are—

(a) Whether the management of M/s. K- G. Khanna & Sons, Raising Con- tractors, Ispat Lime Stone Quarry, Babupur, Satna are justified in dis- missing the 25 workers, whose names are given in the Annexure, from the service with effect from 3rd May 1967? If not what relief these workmen are entitled tot

(b) In view of the recommendations of the Wage Board for Dolomite & Lime- Stone Industries giving Second Interim Relief to the workers employed in those Industries, is there a case for an increase In the present piece- rate wages of the workors employed in the establishment of M/s- K. G. Khanna & Sons at the Ispat Lime Stone Quarry, Babupur, Satna? If so, what should be the rate of such wage?

3, Initially, the Award was to be submitted within six weeks from the date of publication of the said agreement by the Government of India in the official Gazette but although the hearing was completed within six weeks from the date of the

publication of the said Agreement, the Award could not be made within the said period because, during the time ox hearing, the representative of the workmen per- sistently requested me to conduct spot inspection and the spot inspections at that time was not possible owing to heavy rains in that area and due to my suDsequent transfer from Jabaipur to Hyderabad, immediately after the hearing was uver. The spot inspection was also noc possiDle till 3rd i'ebruary 1968 since the worisera employed by the management were on long strike till 16th January 1968. This spot Inspection was conducted on 3rd February 1968 and 5th February 1968 and notices were issued to the parties to present themselves at the workspot during the iime of my spot inspection. The representative ol the workmen was present while the representative of the management was aDsent. At the time of spot inspection, I enquired Shri Badri Singh, President of Rourkela Project Mazdoor Union, Satna and signatory to the Arbitration Agreement (Workmen's representative) whether they (parties) have selected any other arbitrator in" my place as per the agreement since I could not give my award within the stipulated time for the reasons explain- ed above. Shri Badri £ingh informed me that they have not selected any other arbitrator in my place and since I have already completed the hearing, there was no need for them to select other arbitrator and requested me to continue as arbi- trator and to give the Award as early as possible. Then the spot inspection was conducted on 3rd February 196H and on 3th February 19(38. and throughout the spot inspection, the representative of workmen was present. Shri D. Prasad, Charge- man, Ispat Lime Stone Quarry (Rourkela Project) who was looking after the duties of the Manager was also present at that time on both days.

4. In my letter dated 11th July, 1967, parties were asked to submit their writ- ten statements within ten days of the receipt of my letter. But none of them submitted their written statements. The first hearing was fixed on 1st August 1967. On that day both the parties appeared before me. The representative of workmen, namely, Shri Badrl Singh, President of the Rourkela Project Mazdoor Union, Babupur, Satna submitted an application requesting for the post- ponement of the hearing. Accordingly the hearing was postponed to 7th August 1987 The hearing in the above reference was conducted between 7th August 1M7 to 9th August 1967. At the time of this hearing, Shri Khimtilal Khanna and Shri Subheshchandra Khanna, both Partners. M/s. K. G. Khanna & Sons represented the employer, whereas the workmen represented by Shri Badri Singh, President ol the Rourkela Project Mazdoor Union, Babupur, Satna.

5 The reference (a) in the dispute is whether the dismissal of 25 workers as given in Annexure enclosed, by the management of M/s. K. G. Khanna & Sons, Raising Contractors, Ispat Lime Stone Quarries, Babupur, Satna from service with effect from 3rd May 19(57 is justified; if not what relief the said workmen are en- titled to? It was allied hy the management that th? said 25 workers were involved In beating one Shri K- Sathayanarayana, Manager rf Ispat Lime Stone Quarries (Hindustan Steel Ltd.) Babupur. Satna on 25th April 1967. It was alleged by the Management that these workers were working at Quarry No. 11 worked by the employers and on 25th April 1967 these workers beat the Manager without any reason whatsoever on the instigation of Shri Badri Singh, President of the Union. In this connection, the representatives of the management namely Shri Khimtilal Khanna and Shri Subhoschund Khanna examined four witnesses namely Shri K. Sathyanarayana, the manager of the mfne who was alleged to have been beaten by the said workers. Shri D. Prasad, Chargeman, Hindustan Steel Ltd., who was sit'¹ +o h aw been wttr> +V>e Mimpure*- -it thp tirp" of allef³^ beating, Shri Mani- prasad Misra, Supervisor, M/s. K. G. Khanna & Sons and Shri Bhurlca. Truck D'ii""- of M/s V ^ "^hnrin^ ft Sons in qimwt 0-f thett a i l e r o n s. Thev were all cross-examined by the workman's representative, namely, Shri Badhri Singh. P r e s e nt of *>ie Rourkela Project Mazdoor Union. In turn, the workmen's re- presentative Shri Badri Singh examined two witnesses in defence.

was about 200 feet away, came running and told to Sitharamsingh that he (Badri Singh) would beat him and that he (Sitharamsinghj should not worry and so saying he (Badri Singh) removed his shoes and beat him (Shri Satyanarayana) (Manager) like anything, and he has lurtner deposed mat Shri Badri Singh pushed him down into a 5 feet deep pit and alteiwards, all, the labourers numbering fifty, encircled him and beat him on the body, lace and head. He has further stated that he had an assistant namely Shri D. Prasad, Chargeman, Hindustan Steel Ltd-, who had accompanied him for inspection purposo and he immediately rescued him and dragged him out of the pit and both of them ran towards the vehicle but even then, the labourers beat him as well as Shri D, Prasad on their way towards the vehicle. Thereafter they left the place and went to the Police Station and the matter was reported to the Police authorities- He has further stated that the police authorities have registered a case and afterwards they sent him for medical examination. On examination by Shri Khimtilal Khanna, he had deposed that he went to see the quarry in his Company's vehicle and returned in the same vehicle- He saw one truck belonging to M/s-.K. G- Khanna at the quarry. He has deposed that, Shri Manlprasad Mishra of M/s. K. G- Khanna & Sons was also- there. He has further stated that when he was inspecting the quarry, he saw some labourers were working and some were congregating with the labour leaders discussing some- thing. On cross-examination by Shri Badri Singh (workmen's representative) he has deposed that he does not know the Number of truck belonging to M/s. K- G- Khanna & Sons which was in the quarry when he went for inspection, but he knew that it was 'Mercedez'. When he went on inspecting the quarry, the Union Leaders were standing separately and were not together. He does not know how many blows were given hit by Shri Badri Singh. He was beaten both by hand and fist. When he was thrown into the pit by Shri Badri Singh, the labourers sorroun- ded the pit and started beating him. He does not know whether Shri Badri Singh also beat him in the pit because he was sorrounded by the labourers in the pit. He has further deposed in cross-examination that he did not remember the names of all the workers who beat him, but he knows the names of some of the workers. As per his rememberance, S/SJiri Dasarath. Barka; Samiyalal. Owsery (wrongly mentioned in the list enclosed to the Agreement as 'Ansari'); Diwan, Ramkripal; Ramadharsingh beat him simultaneously. On further cross-exnmrination he. has de- posed that he does not know which worker beat him first. He does not remember who beat him with 'thappal' (palm) and who beat him with 'ghoorsa' (fist) and he was unable to notice this because, he Was more or less out of mind and his only ,idea was to escape from there- He does not know the caste of Shri Barka who beat hini but he was previously in their departmental quarry and he belongs to the village-Pattawandar, nearer to their quarry and his age Is nearly 50 yecrs and still he remains in the management's hut in Babupur. On rc-examinatlon by Shri Subhashkban, Management's renresentative. he has deposed that when he was beaten, police have 1aken some action and he knows police took into custody about 8—10 workers and thf rest ran awfiv and in this case, even the Union leaders were also taken into custody- On re-cross examination by Shrt Badri Sinfth, he has deposed that he does not know the caste of Sbri Dasarath but Shri Dasarath also ben* him. He does not know whether any police case is pending agninst him but he ha3 given all. the names of the workers who beat him to the Police.

7. The second witness namely Shri D. Prasad, Hindustan Steel Ltd., Babupur. Satna produced by the employer has stated as follows:—"on 25th April 1987 I went to the quarry along with the manager and it wns at about B-15 A.M. When I entered the quarry along with the manager, Shri Sitharamsingh was there. Our manager asked him about the welfare- He immediately wot annoyed and he told the maangcr that he (manager) was nobody to ask him. He told him "you are a Her". He started using vulger words and started beating him. He called others I.e., S/Ehri Badri Singh and Ramauthar Mishra to join him in beutinp, Both of them came and they also' started beating them- They pushed him In a ditch and afterwards they called the labourers also for beating. Immediately about SO labourers came and surrounded the manager and started beating nim with slaps and shoes. Any how, I rescued the manager and carried him to the vehicle which was standing. I along with the manager ran in the vehicle from the Quarry No. 11. In the way also some labourers from Quarries No. 7 and 6 coming shouting "mqrne<, mari*^; salaku". On examination by Shrt Kimtilal Khanna, the management's) representative, he has deposed that they (he and the inanager) went in the Company's vehicle to Quarry and S/Shrl Marti Mishra. Supervisor. M/s- K- O. Khanna fr Sons; Shri Basanthlal Tractor Driver of Hindus- tan Steel Ltd-, Ganesh Prasad, Mtntnit Mate and a truck belonging to M/s. K. G, Khanna and Sons were there. But he does not know the make and number 0*

•Sic. 3(11) J JHE GAZETTE OF KVMA¹: APRIL 20, r90Sf/GHAITRA8I, 1830 1529

the trusty. He has ftutttor: stated on examination thet after-they (manager and: he) escaped from the labourers, they went to the police station. On cross-examination by Snri Badri Singh (workmen s representative) he has deposed that the labour leaders were standing, separately and they were not together when they (manager and he) went to the quarry Shri Badri Singh (workmen's representative) him- self waa coming but when the call came from Sitaramsingh he rushed to the spot. He has further deposed- that Shri Badri Singh used some vulger words but he does no I know the actual words used, by Shri Badri Singh. When Shri Badr} Singh came, ha did not talk at all but only started beating the manager with slaps and shoes. He has further deposed on crews-examination that the labourers also came and started beating and he can tell the names of some of the labourers who beat the manager, but he can recognise all the labourers who beat him. He can remem- ber that S/Shri Hiralal > Awsary (not 'Ansari' as mentioned In the list attached to the agreement); Dlwan, Bhlmsen, Lallu, Ramkripal, Ramadhar Singh, Dasarath, Ramurib ate, beat the manager. On further cross-examination he has deposed that Shri Awsary (not 'Ansari' as mentioned in the list) also beat the manager and he beat the manager by tbappal "kabi thappal" (some time by palm) and "kabi thappad" (some time by fist) and although he was beaten by some workers .but he •was not beaten purposely, but because by saving the manager, he got some blows-

8.00 A.M. or 8-15 A.M. He has further stated on cross-examination that Shri Sitha- ramsingh started the quarrel flr.st and jhe saw Shxi Ramauthar Mishra also but he-; aid not wee Snn tsadii bingh. lie nas luruier scaieu that ne did not couni how many labourers were tnere but it may be tiU—til) and he was standing at a distance of 300—400 yards and he does not know who exactly beat him, but he saw labourers running were beating and &hri Sitharamsingh beat lirst while quarreling.

10. The workmen's representative produced only two witnesses on behalf ol defence. The first defence witness is fahri aarka S/o Kailu, worker M/s. K. G. Ethanna & Sons- He has stated that he was working in M/s. K- G. Khanna & Sons since last eight months in quarry No- 11. On 25th April 1967_there was no quarrel or righting in Quarry No. 11. On cross-examination by Shri Shubashchand Khanna, employer's representative, he has seated that he is working with the employer since last a months and he joined their firm during this year (1067) and he joined the nrm in the month of "PUSA" and his name ia not there in the list of 25 workers who have been dismissed. He has further deposed on cross-examination that the working in the mines commences from t! A.M. and he does not know when the quarrel took place and there was no quarrel and no body beat tbfi manager. The munager comes to the mine every day at about 8 A.M. The'" police did not come to Mines area and they only came to Camp on 25th April 1967- Shri Badri Singh. was not in the quarrel and even Shri Sitharamslngh and Shri Ramauthar Mishra were not in the quarry on that day. Even Shri Subhaschand Khanna (employer's representative) was not in the quarry on that day and Shri Barka (himself) got his attendance on that day. The seepnd defence witness produced by the defence is Shri Piyare S/o Babadin. He has deposed that he Is working as a labourer in the establishment of M/s. K, C. Khanna and Sons for the last 7 months; he was working in the Quarry No. 11. He has further deposed that he does not know whether there was any quarrel in the quarry during his period of service and in his presence nothing like "jaghada" took place and no body has beaten the mana- ger to his knowledge. On cross-examination by Shri Subaschand Khanna, employer's representative, he has stated that he went" to the quarry on that day i.e., 25th April 1967 at 8 A-M. but he left the quarry for Madhavgad after keeping the tools there. On further cross-examination he has stated that he entered the quarry at 7 A-M- and left the quarry at 7-30 A.M. and afterwards he returned at 9 A.M. and there- was no quarrel when he was there and there was no quarrel also when he came Dack. After he came back he remained in the quarry No. 11 and working there and he left the work at 5 P.M. Although the police had come to the office of M/s: K. G. Khanna & Sons, he cannot say the exact time. At 12 noon, he came to know that tho police had come t0 the office of M/s K. G- Khanna & Sons and they entered the quarry afterwards. The police did not take any body into custody, but he does not know whether Shri Sathayanarayana, manager, came to the quarry on- that day.

11. During the course of the arguments, the representative of the employer Shn Subhas Khanna has submitted that the witnesses produced by the workmen's representative on behalf of defence should not be believed because one is contra- dictory to the other- The first witness on behalf of the workmen has only stated that there was no quarrel at the quarry on 25th April 1967 and no police had also, come and whereas the second"witness on behalf of workmen has deposed that he came to quarry at 7 A.M. and left the quarry at 7-30 A-M- and returned to quarry at 9 A.M. But the incident took place, between 8 A.M. and 8-30 A.M. and as such he argued that these witnesses should be discarded. Further the second witness- admitted that the police had come to quarry at about 12 noon whereas the 1st witness did not admit. Therefore he contended that the witnesses produced by the defence should not be believed- In support of his contention, that there was a quarrel between the manager and the workmen on 2!5th Aprlli967 and the workmen had beat the manager and manager had lodged a complaint with the police, he produced a letter addressed to the manager, Hindus!an Steel Ltd-, Babupur by the Police Officials of Police Station, Kulbavan, Satna TV strict. In reply to the above argument, the workmen's representative, Shri Badri Singh submitted a written statement ns his arguments. In that he has stated among other things that the representative of the management has stated in one place that they have not Issued any charge sheets to any workers but in some place he has stated that they issued charge sheets to some workers. He has further admitted that the police case was registered against only some workers and not against all the workers dismissed by the management. Further he contended that the management is not justified in dismissing the 25 workers since no cbargesheets were Issuc'i on nil the 25 work- men and no case was registered with the police on any of the said workers.

12- On examining the evidences deposed in favour of the management and the depositions ol witnesses on benalf of the delence, it can be clearly seen that there was a quarrel at ihe qua fry r-o. 11 on 2oth Apiil 1067 but it cannot oe jaid that all the Ui3 workmen involved in beating the manager. The main witness i.e., Shri bathayanarayana. Manager, Hindustan Sicel Ltd., who is alleged to have .been, beaten nas given names ot the 7 wontmen who is alleged to have boat him. The second witness namely Shri D- Prasad has given only names of ten workers who were alleged to have beat the manager- The third witness namely Shri Maniprasad. Mishra has given the names ol 20 workers in this regard-. But both of them have. stated that nearly 50 workers surrounded the manager and beat him. Even the manager has stated that he was surrounded by nearly 50 workers and they all beat, him. In re-cross examination by the workmen's representative, he has stated that he has given all the names "of the workers to the police who beat him. But from the letter addressed by the police authorities to the manager, it was found that tho police has registered a case against only 12 persons, out of whi£h only S/Shri Hiralal, Ramkripal Awaseri (not Ansari as mentioned in the list); Diwan, Ram- dharsingh; Sarju; Chotta and Bhimsen are found to be the workers out of the 25 dismissed workmen and the rest four are said to be th'd labour leaders. Therefore it is evident that only some persons might have beat the manager but not all the 25 workmen who have been dismissed by the employer, but it can be conclusively said that the workers mentioned in the list of dismissed workers apart from eight against whom a case has been registered by the police, have been identified them- selves in the mob although there was no evidence against them for beating the manager. Apart from this fact, the witnesses themselves have not clearly stated whether all the 25 workmen beat the manager- Therefore it is doubtful to believe whether all the 25 workmen beat the manager. I give this benefit of doubt in favour of workmen and hold that the employer is not justified in dismissing the said 25 workmen from service with effect from 3rd May 1967.

13, The next question that arises is, what is the relief, that these workmen are entitled to? In my conclusion, although I have held that the management was not justified in dismissing the said 25 workmen, I have not exonerated these 25 workmen from the allegations made against them. I have only given benefit of doubt in their favour. Therefore I award that these workmen should be re-instated with immediate effect but without any back wages for the idle period i.e. from their date of dismissal till thpy are re-tnstatcd with immediate effect. However the period will count as service for the benefits of retrenchment compensation; leave wages and bonus as per Payment of Bonus Act.

14- The second reference (b) in the dispute Is—Is there a case for increasing the piece rate of the workers in view of the second Interim Recommendations made by the Central Wage Board for Dalamite and Lime Stone Industries? If so what should be the Increase? During the hearing, the representative of the employer submitted a written statement along with a copy of memorandum of Settlement said to have been arrived at mutually on 1st February 1967 between the work- men's representative namely Shri Badri Singh, President of the Rourkela Project Mazdoor Union and the employers (copies enclosed as Ex. 1 and Ex. 2). Apart from this he further submitted as follows:—"When the piece rate was Rs- 8-50 we used to pay Rs- 4 per 100 CFT for removing the over burden and stacking it at distance of 100 meters from the fact of the quarry. But none of the workers used to stack it likewise but they were stacking at short distance of 10 metres 20 metres or even at quarry face. Even then the payment for removing over burden was being made at the rate of Rs. 4 per 100 CFT and stack it again at a distance of 100 metres. We used to engage daily rated workers. And now when we are paying Rs. 9.50 i.e., Increase and Re- 1 there is no question of paying them for the over burden, because they have been allowed to do back filling, just down the quarry face. If the workers want payment for the over burden after increasing Re. 1 they have to take the over burden to the distance of 100 metres as per minimum rate. We are still paying these workers ttjis amount of Rs. 4 after Increasing the rate from Rs. 8.50 to Rs- 9.50, in case they prepare stack of over burden at a dist- ance of 100 metres from the quarry face. They further state that in other quarry the workers have to prepare stacks of 80—120 mm. stone (S-M-S-) at specific olaces for leading purposes. But in our quarry the workers are preparing the stacks at the Dlaces of their choice and the management is required to incur extra expenditure for making the way for trucks to reach the spot and to net the material loaded. There are two works in this one Is that the dally rated workers have to be engaged for nreparlng road UD tn the material stack and thp other Is extra wear and tear of the trucks including diesei- The management of Hindustan

Steel Ltd., are responsible for providing water facilities and flrtft aid ~o the labourers- But these facilities are given by us. Besides, when the rate v"s Rs. 8.50 workers were making holes by hand drills on their own responsibility. "But now when the rate is Rs- 9.90 we are providing free holes by using compressors". There- fore he contended that there is no Justification in increasing the piece-rate.

15. In respect of the written statement submitted by M/s- K- G- Khanna & Sons, the representative of the workmen, Shri Badri Singh submitted that "the said agreement was entered into bilateriy for a period of two months to watch the . earnings of the workers. It was therefore not registered with the authorities under the Industrial Disputes Act 1947- He further submitted that after watching the earnings we found that the workers earnings were less than that of the previous rates i.e., Rs. 8.50. It is because of the fact that this rate of Rs. &.50 includes re- moval of over burden, run of mines (rejects) rejected sand etc., Previously in addition Rs. 8-50 for breaking of me stone whatever overburden, run of mints, and rejects stone was taken out, the workers were paid for the same as mentioned in our statement. But with this agreemen-t agreeing for Rs. 9-50 these items are not paid at all and only the rate is paid for the lime stone broken into sizes • Therefore the agreement cited by the management should not be taken as haying compensated the workmen for increase in wages as per the second recommendations of the Wage Board." Therefore he submitted that there is clearly a case for in- creasing the present piect rate to the work in view of tha second interim recom- mendations given by the Wage Board.

16-1 carefully examined the arguments of the representative of the manage- ment as well as the representative of the workmen- I have examined certain wage slips also produced both by the management as well as the workmen's representa- tive- Besides, I visited the work-site and inspected certain stacks which were pre- pared by the workers after quarrying. From all these, I found that the majority of workers were not earning Rs- 'AI- per day per worker as per the second Interim Recommendations given by the Waj?e Board. I noticed certain defects also in taking the measurement by the management. The management at present giving Rs. 9.50 per 100 Cft- of lime stone, to the size of 80-120mm- But with a little in- crease in piece rate alone with other facilities: I feel that the workers can iarn a minimum of Rs. 3/- per day per head- Therefore, I feel that the rate at Rs. 10/- per 1.00 Cft. (in frame measurement) with the facility o.f one blasting hole per worker per day would meet the end of justice and the worker can earn a minimum • of Rs. : j /- per day per head as per the second Interim Recommendations oi the Wage Board. I direct that this rate of Rs. 10/- per 100 Cft. (frame measurement) to the size of 80—120 mm. with the necessary facilities of free one hold per worker per day and free blasting should be brought into force with immediate effect. The second Interim Recommendations came into effect i'rorn 1st April 1966, but the management had paid this relief at the rate of 0.r*() paise cer head per attendance upto 31st December 1960 as per the agreement dated 15th December 1066- Even afterwards also they entered into a mutual agreement tor two months from 1st February 1967 till 31 at March 1967 agreeing to the I ate of Rs. 9-50. Therefore the Question is—what should be the relief to the workers from 1st April 1967 till the date cf implementation of increased rate as per my above awnrd- I understand that this employer has given 0-22 paise per worker p^r attendance on pro-rata basis as wape increase towards Second Interim Recommendations recommended by the Csr.lralJ Wage Board, when they retrenched 250 workers somewhere in July 1967 I understand that this rale of 0.22 paise per worker was given as per the Memorandum of Settlement signed by both the parties before the Asstt. Labour Commissioner (C), Jabalpur. I therefore feel that the same relief would meet the end of justice if other workers employed by M/s. K. G. Khanna & Sons are also paid per attendance from 1st April 1967 till the increased rates are brought into force- I therefore award that the management should pay 0-22 paiae per worker per attendance to all the workers from 1st April 1U67 till they implement the in- creased piece rate as per mv award given above- I direct the management that the arrears arising out of this Award i.e., increased wa#es of 0.22 paise per worker per day from 1st April 1067 till the implementation of the increased rate should be paid to the workers within a month from the date of implementation of the in- creased rate and the management should imnlement the increased wa?e rate within a month from the date of publication of this Award by the Government. I direct the management accordingly.

17 My above Award is only in respect of Second Interim Relief given by the Central Wage Board and is in no way prejudicial to the Final Recommendations made by the Central Wage Board-

g d /_ Q & g ^^

Assistant Labour Commissioner,

(Central), and Arbitrator.

ANNEXURK

Names of the Workers who have been dismissed frnm the Service with effect from 3rd May, 1067 by the Management of M/s. K. G. Khanna & 80ns, Raising: Contractors, Ispat Lime Stone Quarries, Babupur, Satna (M.P.) who were- awarded to be re-instated according to the Award.

S No.

Name

Father's Name

 1.          Shri  Hiralal                           Shri  Ramjiswan
 2.          Shri  Dlwan                             Shri  Gajadhar
 3.          Shri  Sarju                             Shri  Saman
 4.          Shri  Ramkripal                         Shri  Bhagwat
 5-          Shri  Awaari  (not  ansari)      .  .   Shri  Bachchoo
 6.          Shri  Ramadhar  Singh                   Shri  Deonath  Singh
 7.          Shri  Chhota                            Shri  Blhari
 8.          Shri  Ramjiwan                          Shri  Kandhai
 9.          Shri  Arlun                             Shri  Ohotka
10.          Shri  Lallu                             Shri  Ramadhin
11.          Shri  Siamlal                           Shri  Bharose
12.          Shri  Dashrath                          Shri  Milapl
13           Shri  Ramgarlb                         Shri  Rameshwar
14.          Shri  Ganga                             Shri  Dukhal
15.          Shri  Ram  Kishore                      Shri  Baijnath
16-          Shri  Bhimsen                           Shri  Chhange
17-          Shri  Santu                             Shri  Kumbhai
18-           Shri  Ram  Swarup                      Shri  Shivnandan
19.          Shri  Ram  Garib                        Shri  Dulare
20.           Shri  Maika                            Shri  Bhagirathi
21.           Shri  Parage                           Shri  Parsad
22-           Shri  Badrl  Prasad                    Shri  Kiishna  Prasad
23.           Shri  Pancham                          Shri  Bhola
24-           Shri  Barsdhari                        Shri  Sukhdeo
25-           Shri  Blkram                           Shri  Baisakhu-

EXHTBIT-I

K. G. KHANNA & SONS

ENGINEERS, CONTRACTARS MINERS & FLEET TRUCK OWNERS

KRISHNA NAGAR, SATNA.

Ref. No. OM/KGK/Labour Rates-

Dated the 1th August 1967.

To

The Arbitrator (The Assistant Labour Commissioner Central), Jabalpur

Camp: Satna (M.P.).

SUBJECT:—Piece Rates for ILQ Satna (Babupur).

Dear Eir,

We respectfully bring to your kind notice that before the second Wage Board award the labourers piece rate for breaking SMs Grade Lime Stone to 80 X 120 MM Including removal of Overburden and Rejects stacking the sized limestone to proper stacks at the Quarry site was RE. 8.50 for four tonnes i.e. Rs. 2.129 per Tonne and the labourers were earning Rs. 2.50 and more than that per day- After the second Wage Board award we mid the previous arrears due to the labourers, and raised th* oiectt rate to Re. ft.50 for four Tonnes I.e., Rs. 2.375 per Tonne in consultation arid w:+v the written agreement with the Fresldent Shri Badri Singh, Mazdoor Union, and that by this rate the labourers earn Rs, 3.00 and more than that per day" according to the second wage board award.

True copy of the agreement with the Mazdoor Union President Shri Badrl Singh is attar-lied herewith lor your kinc' perusal please. So further increase in ;he rates is jnslther justified nor we can agree to it please.

Thanking you sir,

Yours faithfully,

For K. G. KHANNA & SONS

Sd/- X XX

9-8-1967. Partner.

True Copy

EXHIBIT-II

FORM H

(See rule 58)

Form of Memorandum of Settlement

tName of parties:

Representing employer(s).—M/s- K, G- Khanna & Sons. Representing workmen.—Shrj Badri Singh, President, Rourkela Project Mazdoor

Union, Babupur, Satna.

Short recital of the case:

and terms of settlement:

It has been agreed that flat rate of Rs- 9.50 nP. per hundred Cft. has been fixed as piece rate which includes removal of overburden, run of mines, rejects arid breaking of lime stone into prpper sizes; he., 80-120.

It hu" been further agreed that no further amount is admissible as per the Lime Stone Wage Board" Award- The Company M/s. K. G- Khanna & Sons, shall provide compressor for hole drilling and tools to the workmen and It is the entire respon- sibility of the workmen to give workload of 1.25 tonnes per day. If any workman fails to do so the Company is entirely not responsible whatsoever for payment of wages as per time Stone Wage Award.

This agreement is valid for two months.

Signature of parties: Sd/- BADRI SINGH, 1-2-67-

Sd/- SUBHAS, 1-2-67.

True Copy.

Witnesses:

1- Sd/- A- K. SINHA.

2. S'l/~ D. PHASAD.

Sd/- X XX

Labour Enforcement Officer (C),

Satna.

True Copy

[No. 36/25/67-LRI.]

c o 14? In -pursuance of section 17) the Industrial Disputes Act, 1947 <14 of'1947) the Central Government hereby publishes the followmg award of Snri G S Shamanna, Arbitrator in the dispute Between the Messrs. Om Builders !nd Miners Raising Contractors, Ispat Lime Stone Quarry, Babupur Satna and their workmen represented by the President, Rourkela Project Mazdoor Union. Babunur (Satna) which was received by the Central Government on the 22nd March, 1968-

BEFORE SHRI G. S- SHAMANNA, ASSISTANT LABOUR COMMISSIONER(C) AND ARBITRATOR In the matter of reference by an agreement dated the 25th May, 1967 under section 10A of the Industrial Disputes Act, 1S47.

BETWEEN "M/s- Om Builders and Miners, Raising Contractors, Ispat Lime Stone Quarries, Babupur, SATNA (M-P-)

AND

'Their workmen represented by the President, Rourkela Project Mazdoor Union,

Babupur, SATNA (M-P-)

Dated the 16th March, 1068

AWARD

On the 25th May 1967, the management of M/s. Om Builders and Miners, Raising Contractors, Ispat Lime Stone Quarries, Babupur, Satna (M.F-) represented by their Manager. Shri Yogendva Singh and their workmen represented by Shrl Badri iSingh, President of the Rourkela Project Mazdoor Union, Babupur, Satna (M-P) executed an agreement to refer the Industrial Dispute to my arbitration, which agreement was published in the Gazette of India, dated 1st July, 1967, ^nder sub-section (3) of section 10A of the Industrial Disputes Act, 1947 (vide £>O- No.. 2217. dated 26th June, 1967).

2- The terms of reference are ;—•

(a) Whether the management of M/s Om Builders and Miners, Raising Contractors, Ispat Lime Stone Quarry, Babupur, Satna are justified in dismissing the 24 workersi, whose names are given in the Annexure, from the service with effect from 27th April, 1967? If not what relief these workmen are entitled to?

(b) In view of the recommendations of the Wage Board for Delamite & Lime Stona Industries giving gnd Interim Relief to the workers em- ployed in those industries, is there a case for an increase in the present piece-rate wages of the workers employed in the establish- ment of M/s. Om Builders & Miners at the Ispat Lime Stone Quarry, Babupur, Satna? If so, what .should be the rate of such wage?

3. Initially, tha Award was to be submitted within six weeks from the date "of publication of the said agreement by the Government of India in the Official Gazette but although the hearing was completed within six weeks from the date •of the publication of the said Agrsement, the Award could not be made within the said period because, during the time of hearing, the representative of the •workmen (persistently reqiiestsd me to conduct spot inspection and the tapot •inspection at that time was not possible owing to heavy rains in that area and due to my subsequent transfer from Jabalpur to Hyderabad, immediately after the hearing was over. This spot inspection wa$ also not possible till 3rd February, 1968 since the workers employed by the management were on long strike till "16th January. 1968. The spot inspection was conducted on 3rd February, 1968 .and notices were issuad to the parties to present themselves at the work spot •during the time of my spot inspection- The representative of the workmen was present while fthe representative of the management was absent. At the time of spot inspection., I enquired Shri Badri Singh, President of Rourkela Project Mezdoor Union Satna and signatory to the Arbitration Agreement (workmen's represent- ve) whether they (parties) have selected any other arbitrator In my place as per the ^agreement since I could rot give my Award within the stipulated time for the reasons explained above- Shri Badri Singh informed me that thev have not selected any other arbitrator in my place and since I have already completed the hearing, there was no reed for them to select other arbitrator and requested me \to continue as arbitrator and to give Award as early as possible- Then the spot inspection was conducted and throughout the spot inspection, the representative of workmen was present- Shri D. Prasad, Charge- man, Ispat Lime Stone Quarry (Rourkela Project) who was- looking after the •duties of the Manager, was also present at that time.

4, In my letter dated, Hth July. 1967, parties were asked to submit their writing statements within' ten days of the receipt of my letter- But none of them submitted their written statements. The first hearing was fixed on 1st August 1967- On that day both *the parties appeared before me- The representative of

workmen namely, Shri Badri Singh, President of the Rourkela Proiect Mazdoor Union. Babupur, Satna submitted an application requesting for the postponement of the hearing. Accordingly the hearing was postponed to 7th August 1967,, Accordi<;gl the hearing In the above reference was conducted between 7th August, 1967 to Oth August, 1967. At the time of this hearing, Shri Yogendrasingh. Manager of M/s. Om Builders & Miners, Represented the employers, whereas the workmen were represented by Shri Badri Singh, President Rourkela Project, Mazdoor Unton, Babupur, Satna.

5. The reference (a) in the dispute is in regard to the justification 'or other- wise of the dismissal of 124 workers as given In, Annexure enclosed, by the manage- ment of M/s. Om Builders & Miners, Raising Contractors, Ispat Lime Stone Quarries, Babupur, Satna from service with effect from 27th April, 1967 and the relief to the said workmen in case their dismissal was not justified- It was alleged by the management that the said 24 workers were involved in beating one Shri K. Satyanarayana, Manager of Ispat Lime Store Quarries (Hindustan Steel Ltd.), Babupur, Satna on 25tn April, 1967. It was alleged by the Manage- ment that these workers ware working at Quarry No- 7, worked by M/s. Om Builders j& Miners and on 25th April, 1967 these workers joined with other workers employed by another Contractor namely, M/s, K, G- Khanna & Sons, beat the Manager on 25th April. 1987- " In, this connection, the representative of the management namely Shri Yogendra Singh examined four witnesses namely^ Shri K- Satyanarayana, the Manager of the mine who was alleged to have been beaten by the said workers; Shri D. Prasad, Chargeman, Hindustan Steel Ltd*, who was said to have been with the Manager at the time of alleged beating,. Shri Rfimbiswas, Mate, M/s. On- Builders & Miners and Shri Ramkaran Singh, Supervisor, M/s. Om Builders and Miners, in support of their allegations- They were all cross-examined by the workmen's representative namely, Shri Badrf Singh, President of Rourkela Project Mazdoor Union. In turn, the workman's representative Shri Badri Singh examinsd two witnesses, in defence.

6. Witness No, 1 i.e., the main witness namely Shri K. Satyanarayana, Manager, Ispat Lime Stone Quarries, Hindustan Steel Ltd-, Babupur, Satna has deposed that on 23th April, 1967, he saw some of the labourers of Quarry No. 7 worked by M/s- Om Builders & Miners, came running towards quarry No. 11 (worked by M/s- IK, G. Kbanna & Sons) when the incident of beating him took place. On examination by Shri Yogendra Singh, the employer's representative, he has- stated that he saw the labourers coming from Quarry No. 7 at the time when he was getting into vehicle. On cross-examination also by the workmen's re- presentative, he said that he saw labourers coming from Quarry No. 7 at the time he was getting into the vehicle He has further deposed on cross-examination that the beatin* took place at the Quarry No. 11 for about 5 to 10 minutes and he saw some" labourers running from Quarry No. 7 after he escaped from the pit and was running- towards his vehicle- He has further said that he does not know anything about the distance or nearness to him from the labourers of Quarry No- 7 who were running towards Quarry No. 11, since he was interesterJ. in escaping from that place.

7. The second witness namely, Shri D. Prasad has deposed that on 25th April, 1967 when the Manager was bsaten at Quarry No. 11, he took the Manager tc the vehicle He has further deposed that he saw the labourers coming from Quarry No. 7 and were shouting "Maro Maro Salaku". He has further deposed¹ that he saw the labourers coming running chasing them (Manager and Shri D- Prasad) but they would not catch them and both the Maraser and himself went away in the vehicle- On examination by Shri Yogendra Singh, ha has said that some labourers were also coming from Quarry No- 7 and some were runnihg and some were coming slowly, On cross-examination by Shri Badri Singh, he- has stated that he cannot say any workers of Quarry No. 7 involved in beating. He has further deposed in cross-examination that he did not see any workers of Quarry No- 7 beating the Manager. The other witnesses namely Sarvashri Rambiswas Mate and Ram Karan Singh, Supervisor, M/s. Om Builders & Miners who were examined by the representative of the management have not said anything about the beating of the Manager by these twenty four workers. Shri Rambiswas has stated that about 24-25 workers from Quarry No. 7 went to Quar-v Ko i. • He stopped them not to go there, but in spite of it. they went away In bis cross-examination he has dsposed that the labourers of Quarry No. T left the working place with crow-bars in their hands shouting Maro Sa-leku , but he has deposed that he could not see the quarrel as It was not visible from the place where he was standing. He did not see who beat. whom, tout only heard uproar- Shri Ram Karan Singh has deposed that on 25th April, 1967 at about 8-30 A.M. he heard the sound of uproar from Quarry No. 11. There waa-

a gathering at the Quarry No. 11. Round about 20-25 workers from Quarry No- 7 wivn to Quarry No. 11 with crow-bars and hammers. They also joined ihe gathering there. Thereafter he did not know what had happened. On cross- examination by the Workers' representative, he had deposed that he does not know what the workers of Quarry No. 7 did after joining the gathering at the Quarry No. 11. He did not know who beat whom at the Quarry No. 11. He only heard the sound of uproar at the place where he was standing and nothing more- He does not know also whether there was a quarrel or a meeting at Quarry No- ll, but ih" wumtTS numbering 20-24 from Quarry No- 7 went shouting 'Maro; Maro"

8. The representative of the workmen, namely Shri Badri Singh examined two witnesses on behalf of defence. They are Shri Pancham s/o Rambharose and Barka s/o Kalu- Both of them have deposed that there was no quarrel at Quarry No. 11 (worked by M/s. K. G- Khanna & Sons) on 25th April. 1967- They have deposed that there was no 'halla' at the Quarry No. 11 and no body came to Quarry No. 11 from Quarry No. 7. Both of them were cross-examined by the management's representative but they have .not deposed anything against the workers on cross-examination-

9- In his argument, Shri Yogendra Singh, the representative of the manage- ment has stated that the witness Shri Pancham should not be believed as he was a dismissed employee. Since he" was dismissed by ths management he has prejudicial view against the managelment- With regard to the deposition of Shri Barka, he has argued that this witness has also prejudice against the management sines his .services were terminated. He has further argued that the said 24 workmen were dismissed by the management as they were involved in beating a top most person (Manager) and as such the management lost con- fidence in them. Therefore he contended that their dismissal was justified. In counter-argument, Shri Badri Singh, workmen's representative submitted a written Statement as his arguments. He has raised many Issues regarding the dismissal of the employees and challenged the action of the management as baseless and far from natural justice- He has alleged that the workmen were dismissed for their trade-union activities and no enquiry whatsoever was conducted by the management into the allegations made against the 24 workmen. Therefore, he contended that the workmen should be re-instated with back wages.

10. On examination of the evidence deposed in favour 'of the management it can clearly be seen that no witness has given evidence against the said 24 workers, who were alleged to have been involved in the incident of beating the Manager on 25th April, 1967. The main witness examined by the manage- ment is the Manager of the Mine, who is said to have been beaten by these said workers. He himself has stated that he only saw some labourers reaching Quarry No 11 but did not know the distance between these workers and him since he was Interested in escaping from that place. The second witness namely Shri D. Prasad who was said to be with the Manager at the time of the alleged incident has stated that he saw the labourers coming from Quarry No. 7 but both (himself and the Manager) went away in the vehicle and the labourers could not catch them From the deposition of these witresses themselves It can be conclusively said that there was no evidence whatsoever against these 24 workmen who were dismir,<-H-l on ine allegation that ihey have beaten the Manager on 25th April 1967. Even agreeing with the arguments of the representative of the Management that the deposition of the defence witnesses could not believed as they were ex- employees of the management and they have nursed some grievance against the management, but taking Into consideration, the depositions of the witnesses pro- dured by the management themselves in support of their action there was KO evWencfagainst these workmen for the .allegation levelled against^hem for their dismissal. Apart from the errors that the management have committed while dismissing these employees, the evidence that was produced before me is itseK sufficient 10 come to the conclusion that these workmen were not at all -nvolved In the incident of beating the Mines Manager, because both the M a n s £r ( * £n e|? No, 1) who was said to have been beaten and the Chargeman (Witness ho__ I) who In with the Manager have stated that they only saw the ™ * e ™ J⁰" * _*

SS r^"H1"£x-aMSf IS?

&2K, iSTff JWSK SFSff.SS STtTiFaSJ-SAI

I held that the action of the Management In dismissing these 24 workmen is unjusnfir-H i therefore answer the reference negatively, and held that¹ the manage- ment is not at all justified in dismissing the aaid 24 Workers from service with effect from 27th April, 1967.

11. The next question in this reference is regarding the relief that the said 24 workmen are entitled to, since the action of the management was unjustified. Since 1 have held that the management was not justified in dismissing the services of these workmen, the workman should be re-instated with immediate efY'ct and they are entitled to receive full wages from 27th April, 1967, till the date they are re-instated in service as if they had continued in service. The other question that aiisrs here is, what should be their wages for the period from 27th April, 1967 1O the date of their re-instatement as they were all pisce-rated workers, In this regard the Central Wage Board for Dolamite and Lime Stone Industries hnvo ,iv.-r: some recommendations. In the 2nd Interim Relief the Wage Board recommended Rs. 3 per day per worker employed in the Dolamite and Lime Stone Industries and I therefore award that thesa workers should be paid at the rate of RE. 3 per day per worker for all the working days except Sunday and other non-paid holidays, for the period from 27th April, 1987 to the date of th:.lr re-instatement- This is without prejudice to the final recommendations of tii^ Wage Board and when the final recommendations are Implemented by the mana?rment, these workers are also eligible to receive the difference betweep the w,i"es recommrnded in the Second Interim Relief, and the wages recommended in ihe final recommendations as applicable to daily rated workers. The wages as c'n1'Ti above .shall be paid to these workers by the management within a month from the date of publication of this Award by the Government. I direct me management accordingly.

J2- The 2nd reference (b) in the dispute is, whether is thers a case tor inorpase [f, piece-rate to the workers in view of the 2nd Interim Recommendations made Ly '.ac i^i:tra] Wag? Board for Dolamite & Lime Stone Industries; if t,o what should be ths Increase? During the hearing, the representative ai M/n. (.,'"• * -:Herp fr Miners namely Shri Yogendra Singh said that the rate was fixed at Rs. 8.50 for breaking of lime stone to the size of 80-120 mm, per 100 eft. and lor I nc linie stone of 40-80 mm. size Rs. 0.80 per 100 eft. and for the remuv'il of other rejects in ary size movable from the fact to the stackened at the rate of Rs. 5 per 100 eft. This fate was fixed to bring the earning from Rs 3 to Rs. 4 per head per day. With this rate, the management was giving the facilities of free tools supply for blasting of the holes- The lime stone wo "ken? were also required to stack the lime stone on the head of the quarry under the lead of 10(1 fret and if they were carrying it beyond the 100 feet, they •were getting the additional lead at the rate of Re. 0.25 paise per ton for every SC feet- He further tubmit+ed that taking into consideration the Second Interim Relief, the management increased the facilities of free drilling by the machines as much as required by any labour and free blasting whsn required- At present the workers were allowed to put the lime stone just inside the quarry without a ]p^d of even one foot which has increased the efficiency by 50 per cent The workers were eiven another Rs. 5 per ton per 100 eft. for by-product of lime stone i.e. Invisible fines under 25 mm., size and they were given Rs. 4 per 100 eft. for the earth removing with a maximum lead upto 100 f?et. TV has further .said thai if the workers are stacking more than 5 feet in height, they are getting additional lift charges- Therefore he submitted that no lebourer is getting less than Rs. H per day after getting all these: increased facilities as Stated by him. There!ore he submitted that there Is no juslficatlon to increase the piece-rate that was being paid to the workers.

paise per day per worker over and above the earnings thai the worker was getting prior to the Second Interim Recommendations of the Wage Board-

14. I carefully examined the arguments of the representative of the manage- meni as well as the representative of the workmen, I have examined certain wage slips also produced by both the management and the workers in this con- nection. Besides I visited the work-site and inspected certain stacks which were prepared by the workers after quarrying- From all these. I found thai, the majority of the workers .were not earning Rs. 3 per day per worker, a3 per the Second Interim Relief given by the Wage Board. I noticed certain defects also in taking the measurements by the management. The management at present is giving Rs. 8:50 per 100 eft, of lime stone to the size of 80-120 mm. in addition, they are also paying Rs. 5 per 100 c.ft. for removal of other rejects in any size moveat/le fiom the face to the stackend, but with a little increase in the piece-rate, alongwith certain oth"r lacilities, I feel mat the workers can earn a minimum of Rs. 3 per day per head. In this connection, I feel that the rate at Rs. 10 per 100 c.ft, (in Frame-measurement) with the facility of one blasting hole per worker rier day would meet the ends of justice and worker can earn a minimum of RE, 3 p^r clay per head as per the Second Interim Recommendations of the Wage Board- I direct that this rate of Rs, 10 per 100 c.ft. (in Frame-measurement) to the s&e of 130-120 mm, with the necessary facilities of free blasting of ore hole pe* •worker per day should be brought into force with immediate effect, The Second Interim Relief came into effect from 1st April, 1966 but the management havfi paid this relief at the rate of 0:50 paise per head per day upto 31st DeccmbcTj 1960 to the workers as per the Agreement dated 15th December, 1966. Therefor© the further relief is only from 1st January, 1967. Thareforc the question is, what should be the relief to the workers from 1st January, 1967 till the date of implementation of Increased rate as per my above Award. I understand that the other Contractor namely M/s. K. G- Khanna & Sons has given 0-22 paise per worker per attendance on pro-rata basis as wage increase towards Se'cona Interim Relief reeommerded by the Central Wage Board, when he retrenched? 250 workers somewhere in Jmlv ,lS)t)7- I therefore ieei Lbm ihu same veiwt woijld meet the end of justice If the workers employed by M/s. Om Builders ^1 Miners, are also paid 0-22 paise per attendance from 1st January, 1967 to trie date till the increased rates are brought into force- I therefore award thai lu" management should pay 0.22 paise per worker per attendance, to all the workers from 1st January, 1987 till they implement the increased piece-rate as per my Award given above. I direct the management that the arrears arising out oJ this Award ie.. increased, waffes of 2.22 paise per worker per attendance from. 1st January. 1967 till the implementation of the increased rate should be paid 1.0 the workers within a month from the date of implementation of -the increased rate the management should implement the increased wafie tale vvilliiu a month from the dait of publication of this Award by the Government- I direct the management accordingly.

15. My above Award is only in respect of Second Interim Relief given by the Central Wage Board and is In no way prejudicial to the Final Recommen- dations made by the Central Wage Board,

(Sd.) G- S- SHAMANNA,

Assistant Labour Commissioner,

(Central) and Arbitrator.

ANNEXTJRE

Names of the workers who have been dismissed from the service with eirect from 27th Aoril, 1967 by the Management of M/s. Om Builders and Miner* Raising Contractors, Tspat Lime Stone Quarries, Babupur, Satna (M,P.) who were awarded to be re-instated according to the Award.

Father's Name Name

S. No.

Sri Bhadder. Sri Ramdass Sri Ram Bhsrosa Sri Ram P-aiad

Sri Baldeo Sri Ram Sukh Sri Pancham S-i Mahadeo Sri Daulat Sri Bhagwandin

Sri Ram Ujagar

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

6. No.

Name

Father's name

7. 8. 0. 10. 11- 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

Sri Jagatdharl Sri Hanuman Singh Sri Babulal Sri Chhatradhari Sri Jairam Singh Sri Ram Fiyare Sri Gayadin Sri Rameshwar Sri Gunda Sri Harsaran Prasad Sri Sukhilal Sri Kamdin Sri Surujdin Sri Gangadin Sri Ramphal Sri Baisakhu Sri Chintaman Sri Ram Biswas

Sri Ramai Sri Raghubar Singh Sri Jagapat Sri Raghuvar Sri Raghuvar Singh Sri Mangal Sri Mund Sri Chunkal Sri Mohan Sri Bhagwat Sri Surujdin Sri Devideen Sri Kamte Sri Din Dayal Sri Ganga Sri Bhura Sri Ramsudarsan Sri Bhagwatdin

(Sd.) G. S. SHAMANNA, Assistant Labour Commissioner, Hyderabad. [No. 38/24/67-LRI.l

S.O. 1422.—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, Delhi in the Industrial Dispute between the employers in rela- tion to the Shahdara (Delhi) Saharanpur Light Railway Company Limited., and their workmen, which was received by the Central Government on 4th April, 1968-

BEFORE THE PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL, DELHI

PRESENT:

Shrl Anand Narain Kaul, Central Govt. Industrial Tribunal, Delhi.

5th February, 1968 REF. I.D. NO. 10 OF 1983

BETWEEN The employers In relation to the Shahdara (Delhi) Saharanpur Light Rail- way Company Limited,

AND

Their workmen.

Shrl S. K. Mallick—For the management.

Shri B. S. Sharma with Shri Y. D. Sharma—For the workmen.

AWARD

Bv S O dated 26th June, 1983, the Central Government in the Ministry of Labour and Employment was pleased to refer, under section 10(l)(d) of the Indus- trial Disputes Act 1947, to this Tribunal for adjudication, an industrial dispute existiS between the employers in relation to the Shahdara (DelM) Saharanpur Liaht Railway Company Limited (to be referred to hereinafter as the company) and their workmen. The only term of reference is as follows:—

"Whether the demand of the S.S. Light Railway Workers, Saharanpur for payment of bonus equivalent to two months pav for the year 1959-60 is justified. If not, to what relief are they entitled?.

8. On receipt of the Notification, the usual notices were: issued' ^ *e pajgM for nUne of th^ir respective written statements- The Shahdara Saharanpur Rail Say Workers' Union (to be referred to hereinafter as the Union), representing

S E U. 3 ( J i ) ] ' •• T HE G A Z E T rt OF I N D IA : A P R l I, 2 0, 1 9 G 8 / C H A 1 T RA 3 1. 1 8 90 ^j

the workmen, (ilcd a statement of claim and the company tiled a written state- ment- A rejoinder was also iiled by the union. At tue hearing on the 6th November, 1963, the parties agreed thaL the issue lor decision in the case will be the same as the term of reference. After the management had filed the baiance- sheet lor the relevant year, the union field certain intcrogatories for replies bv the company and the company filed their replies- The union then filed a bonus cal- culation chart. The union examined only one witness Shri B. S, Sharma while the company filed an affidavit, with the agreement of the parties, In rebuttal of the evidence of Shri B. S. Sharma. The deponent of the affidavit Lala Himansu Das was duly cross-examined on his affidavit, A number of documents were also filed by each Party in support of its case. I have heard exhaustive arguments of the learned representatives of the parties and proceed to dispose of the issue- Findings

3- Apart from the S.S- Light Railway to which this dispute relates, there are four other Light Railways wiih which M/s. Martin Burn Limited are connected in some form or the other. They are the managing agents of the S-S- Light Rail- way Company Limited and of the Howrah-Amta Light Railway Company Limited (to be, referred to hereinafter as the S.S.L. Rly. and the H.A.L. Rly.) and are Secre- taries and Treasurers of the Howrah-Sheakhala Light Railway Company Limited, Arrah-Sasaram Light Railway Company Limited and Futwah Islampur Light Railway Company Limited (to be referred to, hereinafter, respectively a& the H.S.L. Rly., A.S.L. Rly. and F.I.L. Rly.). As admitted by MW1, Chief Accounts Officer of the five Railways, M/s. Martin Burn Limited also manage the H.S.L. Rly-, ¹ A.S.L. Rly, and F.I.L. Rly. Companies and the working of the Railways by these Companies.

5- Even ac-ordins; to the audited accounts of the comonny, the year 1959-60 is a l l i ed to be a prosperous v=a™ and after adding arrears received in the year, lOfiO-fll- t^ie n^t ea"m"n"s a l ' e c r d^ come to ino^e than R.s. 4J lacs ,-mrj "hf-'f" +^e demand of two months' b^nus ¹o ouit- jiJstKi^fl. TI.T- fir"^-'"v if ^ n'ifc—', hns used various devices to bidn the nc^i'al oro^t nnd net '-.-.V^'TTIS la the hjilancc- shee*- for the your 1959-^0 n^d t>-eTe 1^ conrMcnM" i-nnv--%- i"nr a good a^v-int of proflt. Tn resnect nf the other four L'i^^t Rwilwnv forn'"-'-iir's it is aTlp".'d. the management has adont^d a c i s ' o m a r v' sv.ntPTn and ron'i'^'n^ of service for nay- men t of bonus pa"b yea-- a

B. Tn its w^lt+e'n slatprvient *1i" r-omtswv h i^ fi^.Ti--^ tbn+ ~i-f r>f t^e ro;ir other comrfqnies l?p.i pufererl n-iv l^ss cJnr^ 1 o^O-'ni ?i"-I <-^p oii"sfinn of pnvin-j bonus by thepp RTIIWOVS to t^plr rpniorffvp vvvlrmpn rio^-ni'-e I'm'- c"'M -n^t tli^r"fnre, arise- In any event, according to the company, the employers and the conditions

of service of workmen In the S.S.L. Rly. and those in the other Railways being dillerent, non-payment ol bonus to the lormfer and payment to the latter by their respective employers cannot, by any stretch o£ imagination be regarded as dis- crimination. The company has also denied that the S.S.L. Rly., has made good profits during the relevant year or thai the other four companies have suffered any losses during the year-

7. As to the previous history of bonus payment, it is stated that prior to 1956- 87 the company had been making reasonable profits and paid such bonus to the workmen as was considered adequate having regard to the profit earned by the company during the year- For the year 1956-57, the company having regard to Its trading result paid to the workmen bonus equivalent to 1& months' salary. How- ever, the Central Government Industrial Tribunal at Delhi upon adjudication of the demand of the workmen for payment of three months' pay as bonus for that year directed *he. company to pay, as additional bonus for that year, an amount equivalent to 2/3 month's basic pay which was paid accordingly. During the year 1957-58, the company made a meagre profit of Rs. 18,000/- only and in the year I!)5fl-59 it suffered a heavy Joss due to road competition by buses- Consequen- tly no bonus could be paid to the workmen for these two years. In the year 1959- 60, the company's books showed a profit of Rs, 1,42,519/- only which was purely due to some earnings amounting to Rs. 3,88,437/- really earned In earlier years but which coulrl not be credited to those years' account in view of the pendency of a disout? thereon before the- Railway Rates Tribunal and in the Supreme Court, These earnings of Rs. 3.88.437/- were credited to the accounts of 1959-60 but taking only the year's earnings into account, the trading results for 1959-00 after provls'on for interest on dobentires would show a ICE. However, an ex- gratia payment of IS dnys' pay has ben made to the workers by the company pi.'f iv rys a (Tf^.+ii'-⁰ of pood-will in view and out of the lumn sum nayment of Rs. 3,Rt!,137/- representing the Railways earnings for the years 1954-55 to 1958-59 but romived bv the corrmanv and credited to its accounts during 1959-60 after a long drawn litisration before the Railway Rates Tribunal and Supreme Court between this con-many and the Upper Duab Sugar Company Limited, It is further pointed ou* in tr>p written statement, lhat (be said Joirt Head Office is the joint, head office of the aforesaid five Railways, covering a total mlleaae of 241.2 miles, out of wh'oh the S S L- Hallway alone covers 923 miles; in other words 3B.3B per cert and riot t / S ri of the said total mileage. However, the volume and the special nainre of \vc-k of iht S PL. Rly.. require the services of a number of the Head Office stuff, p^cl"9ivoiv and those of tha majority of the balance thereof partially but for a longer pe-iod thnn what are required by any of the said other four Railways. rn"K^nijer.tlv the total expenses thereof are rightly distributed amomrst all the RFHl"-nys ;n pronortion to the volume of work performed bv them for each Railway at the Office, and ft is on this basis that 45 Per cent of the total Fend Omce pxr"TisP!S become r a b b le and have all alontr been charged to this Railway. X* is Vmwvpr riorler) t ^t anv portion of the 'PiHn' bonus pnid to the H?ad Office ilafT fur the year H)?9-60 was debited to the SS-L. Rly-, and it is asserted thnt. on m o d e r a t i on of the financial position of the Railway, no rwrtion of this ex- penditure was chared or debited to this Railway- It is further stated that the amoiMi. of borus Paid to th" managerial staff during the year 1959-fiO is much In^ 1han whst was paid to the clericnl and subordinate staff of the Head Uflicp. pr^ f>vr>n if t>>p former is priced back no surplus profits will be available for npvmf.ni of bonus to the workers. In regard to payment of 'Puja' bonus to the TT"^ n<^rP r,'qfT it Is further stnted that prior to 1P58. the staff employed at tv,o fTend O ^ CP ^n been rerr^viriir a 'Puja' bonus at the rate of 2J months" snlarv anri in addition they had been receiving a compensatory city allowance e—lv^le.nr to 15 ""T cent of their basic salary. All these payments were cbaree- phlp t0 th" n^'- Railways in the same proportion as the other expenses of the Hp-d OHire How-vcr. ir view of the deterioration In the financial position or f it RaVlwavs tbo TW bonus payable to the Head Offlre staff was progressively rM,,n=d irr.m •" months to 2 months in the year 1058 ar.d then to U ^o n t h| for th= year 10RP and one month's basic pay rom the Tear 1960 onwards and in view thereof, their compensatory city allowance was increased by 75 Per cent only-

8. Accrv-din* to the company, if the earnincs of 1959-80 only are taken into account nnrWHnc those earnings payment of which was received during the "e,l SU'-'-^'TIX ' veai-), the net earnings for 1959-60 ^would amount only o n. 8r non nrri not to Ps- 4^ lacs as alleged by the Union. After T,,v"W0r. fnr dpbpptnr" interest there would b" a substantial loss instead of profit of 2* lacs as alleged by the Union. As to the allegation of manipulation of

accounts, i+- is stated that the balance-sheet and profit and loss accounts of the company f'ir the relevant year have been audited by Messrs. Lovelock and Lewes- *vho are a leading and reputed firm of Chartered Accountants and shows the truo position of the company during the year.

9. In its rejoinder the Union has pointed out that F.I-L- Rly., has always been running in loss whether before or after 1950-51 and that the management nas always been issuing circulars In thesa Railways while paying bonus, that the payment of bonus was being made inspite of financial difficulties. The Union¹ has also refuted the management's allegation that the S.SL. Ely., has not earned profits during the relevant year. It has been pointed out that in 1956-o7 when there was net profit in the books of the company amounting to Rs. 1.72 lacs, fb') woi.kmen eot bonus ior two months while in the year 1959-60 when the net profit as per books of the company is Rs. 2.42 lacs, the company has refused. '(. ; i a e i- tb-- clsiim of the workmen for two months' bonus in addition to 15 days' ex-gratia payment already made. It is further poin+ed out that while the company has mad? 15 d^.vs' ex-aratia payment 1o the workmen of the S S.L. T,ly., out of the amount of Rs. 3,88,437 as a so-called gesture of good-will, which coin's U> Rs. 20,Off) only, the Head Office Staff at Calcutta was paid bonus at fhc rale ol U months' wages and one month's salary in advance entirely on. t.r.e basis of Uiis amount of Rs. 3.8B.437. In regard to the allocation of Head Olflce expenditure to the S-S.L- Rly., it is pleaded that it should not be more • N I P II H 'i p er c e nt on t he p r o n o r t i on of t he m i l e a r te of t he S S L- R 1 y ., to t he t o t al

fnil^a"e of the flv= Li°'ht Railways even according to the company's calculation .-I,T;1 it has been denied thnt the volume and the special nature of work of this 'Raihvav require the porvices of a number o^ Head Offic= staff exclusively .,o as to lusfifv P debit of 45 per c r t. It is pointed out that 95 per cent of the work of th]s "a'hvfiv Is beirT cprricd out at the level of its Superintendent's o^Tlc? at Saha;^>npur. The correctness of the statement that no part of the 'Puja' bonus for I&>S')-flO naid to +he TTcad OfPce staff was deb't?d to the S S L. R.lv., is also denied an^l it Is emphasized that the fact of pavmert to the Head Office staff and the mFm<*"™""ai staff out of the amount of Rs. 3.88.437 cannot be "hidden". Other co"+^Ti'*"ns contained in the statement of 'claim have also been repeated or reiterated.

TO According to the bolanc?-she?t Ext. M /l for the year 1959-60, gross earnings were Rs 36.62.781 Including Rs. 3.88.437, beinn; the Goods earnings relating to orevious veers which could not be taken into the accounts of those yeara as the- matter was then sul'-judfce. v'rfe Pireetors' report at paqre 1. A ccordl^g tp the sam<: renori the net earnings for the year amounted to Rs, 3,65,653- The Directors reco-amended a dividend at the rat° of 6 per cent, for the year involving an exuensp o* Rs. 90-000. Accordinfi to the bonus cslculatlon chart filed by the corv^nvv. however, there is a nofional Hpflcit of Rs. 2.15.904. This Is due to (h" fact th^i. In Ihe comnuta-'lon of available surplus, the compary has not taken into ".ccount the aforesaid item of Rs. 3,fl8,437 relating to previous years and credited Hnr'n" the year b"t has taken in+o account a n o t ^T item of income of RB i p? 043 ivMrh. pocoi-dinn in the enmnary. renres^nts the Goods earnings for that year taken in the succeeding year's account- According to the lat+er docu- ment, sri "'noiint of Rs- 2.13-2P2 was c r e d i t e d, du^inq the year as earnings In respect of th° foll'swi-ig years vide Item marked as "C" at page 4 of bal-'nre-?heet Tor 1960-81 tfxt- M/5 :—

"1.0FR-59 (.Tune 1958 to March, 19,19)

1959-60 (upto February I960)

Less : rawnings for earlier years taken in ihis year's account—

^'a;;? (S of the Balance Sheet fir 1959-60) . , . 3..88,437

Debenture Interest—(Page 7 -do-) . . .. 1,20,308

Lont!'. n Debenture Agency Chaigc (P?ge 7 -do-) . . 5,343

T-x

Managing Agents' Ciirumsoion ( - d o- -do- ) . • 10,744

Forfeited Dividend paid ( -do- -do- ) 531 5,25,544

C-) 55,358

Add : Return on Capital @ 6% on Rs. 15,00,000 . . .. 90,000 Return on Reserve j sed as Working Capital

On Opening Reserve of Rs. 17,38,648/-@ 4% . . 60,546 On Addition of Rs. 50,000/-during the year @ 2% . 1,000 70,546

Deficit (—) 2,15,904'

U The calculation chart filed by the Union, however, proceeds on the basis of the not profit of Rs. 1.42.874 shown at page 7 of the balance-sheet txt. M/l in the Revenue Account for tha year- This net ba'ance is, of course, arrived at aftp,- tr-Hn- in'n pfcount the srrovnt. of ^ 3.°p.4i?7 which represents t>ie Fond3 earnings credited during the year in respect of the following years vide item mar.teo ;is -A" at page 6 of the balance-sneet :—

"1954-55

(19,427 1955-58 1956-57

1,04,414 77,099 1957-58 1058-59 (upto May 1958)

1,20,444 17,053

3,88,437"

The Union, fn its computation chart, had also taken into account the amount of Rs. 1,02,643 which was the arrsar amount in respect of 1959-fiO received by the company in the year 1960-61, according to the balance-sheet Ext. M/5. This" Item has also been tnken into account by the company in Its calculation chart as shown above. The Union's, calculation shows an available surplus of Rs. 7,50,418, arrived at mainly, by the adding back or the following big Items :—

Allocation to renewal and replacement fund for the year

195!)-60 (page 0 of the balance-sheet) Rs. 2,36,183 Central Government's share of profits Rs. fi3,2]2 Managing Agent's Commission Rs. 10,744 Loans and Advances given to other concerns from S.S.

Railway Revenue Rs- 58,205 45 per cunt Contribution towards H?ad Office, Calcutta from

S-S. Rly. Revenue (as per admission of the company) Rs. 4,60,850 12. Before proceeding to find the available surplus, if any, I have, therefore, to decide on the correctness or otherwise of the Union's claims in respect of the aforesaid big items of income or expenditure which arc likely to affect the determination of available surplus. I shall first take up the Hem of Rs 3.88,437, credited during tlio. relevant year, but which relates to the income of previous years- Tht posi'lon regarding this item has been explained by Lala Himansudas, Chi=f Accounts Officer of. the Company in' his affidavit at pages 5 and 6- It is stated in the affidavit that, 011 and from 1st October, 1953, the S.S.L. Rlv. Increased its rote of freight for carriage of suRar cane. A cooy of the circular to this e'(Ve"t issued by the Railway in this connection, in Anrexure "C" to the affidavit. The Upper Duab Sugar Mills Ltd.. who wore a t t e nd by the said Circular, fll-d a corrniltint against the reasonabl'-ioss of such increase before the Pr.-lway Rates Ti Ibunal" which reduced the sugar care freight from 20th April, 1955 but

the company appealed to the Supreme Court from the decision of the Tribunal. Pendilu! disposal of the aopeul by the Supreme Court, the company had to adopt the rate fixed hy the T-ibunal and by a Circular, dated 22nd September, .1955 marked as Annexure "D" to the' affidavit introduced the reduced freight rate fixed by the Tribunal. Accordingly, the sugar <-r>ne freight from the Upp^r Duab Susjar 'MiHs T,1d-, had to be charged and collected during the years 1954-55 to 19^8-5!). during the pendency of the appeal befora the Supreme Court, on the basis of the reduced rates, tts prescribed by the Tribunal, and the balance-sheets of the company in resocct of the years 1954-55 to 1958-59 showed the earnings nclusllv made by the Railway or the basis oil such reduced rates. The company's ?ipp~al before the Supreme Court was disposed of in its favour on the 9th February, 1.900 and it was allowed to chargs freight for suffar cane on the basis Of the Increased rate introduced as per chart Annexure "C" to be affidavit, with retros- pective effect from 20th Anril. 1955, being the date on which the said freight rat- was reduced by the Railway Rates Tribunal- As a result, the difference betw"=r 1he increa^d rate specified in Annexure "C" and the reduced rate set out Jn Annexure "D" for the p?rlod commencing from 20th April, 1955 onwards becam° payable by the Up^er Duab Sugar Mills TAd- The amount thus due upto May, 1958 amounted to Rs. 3,£8,437 as shown at page 6 of the balance-sheet Ext M/l.

13 Tt is further explained in the same affidavit at pace 6, that the earnings from su-?ar cane freight hi respect of the year 1059-60 arising f-otn the decision of the Supreme Court amounted to Rs. 1.02,643 which were credited during the following year.

14 While it is true that the amount of Rs. 3.88-437 credi+ed during the year 1959-60 is In respect of previous year, it is rote-worthy that there was, admiUedly, no'indication in any of the relevant balance-sheets of previous years as to the pendency of nnv such d'snute, the result of which was likely to result In auch a'substantial slic= of income- It will be seer from i+em "A" et page 6 of the b a ™ - , V -t Ex't. M/l tha' out of the deputed pmount. Rs. 77.099 relate to the year 19M-S7- In reswect of that year there was a bonus dispute between the p a r t is which was referred to the Cen+ral Government Industn-1 Tribunal Delhi, ^ HH over by the late Shrl E Krishnamurthi- The award of the learned Tribunal is Ext MIR. The workmen had claimed Vionus equivalent to 3 months ™ The Tribunal allowed bonus equivalent to 2 months' bade-wa^s for ihe year From this the bonus equivalent to 1-1/3 ir-on'h's basic salary already pnid

h- d i i o T r la loss PTH ^P amo^rt ol P^. V1QA*4 PS now sho-n B* It-rn A

Ihe^^a^8aV-en^^bn;ils u, it, ^, ^^ VZZ,^ from ye.r to y-nr bv ^\™']*s?- " Is V4m ''A" f^xt-M/n bad Teen ^VPH-H-

^ ln Su L Quantum of bonus payable to the workmen would have teen enhanced.

i ^ r ' n i i - X o n c ^ ^ ^ n. thVre^H o> t- bonus dispute raised by the Umtt, for >.Vat'year v.c^d bsvn been quite d)(Ter=nt.

the a c r o ss or' ^ ~ ^ \ ^ , ** "uff.red hwv l^s di.o+o -H c o -W -on

to i t^ "A" in Kxt- M/l. the ^ 77"r^ ^ V ,y 105!'and! U c ^ i n, to ";-m ^ O T ' MA ( b a l ^ ' 1 - r f - - l i e V - O n. "the income from sugnr cane freight

C^di}Cu^^m%lha\y^r-'m reSpeCut of l t ^{5 8}-⁵⁹ ( J u n e' ^{1 9 58} a nd t⁰ M^ c h, 1S59) was

profits arising out of fortuitous circumstances altogether unconnected with the efforts of labour. The third instance given was the income arising o ut of sale of fixed or capital assets. According to t¹heir loi'dships, such an income or profits may be called extraneous Income as either it did not really arise in that year or, though it has arisen in that year, labour has not contributed anything towards •.'.,-. accrual- In the present instance it cannot be consistently argued that the income has not. arisen during the year- To my mind such an argument would have been open to the management if the benefit of such income had been available to labour during the previous year or if such income had not been utilised by the management itself for payment of bonus to high paid officers of the Railway and of the Head Office and for the purpose of declaring dividend during the year.

19. The next item to be taken up is the Managing Agent's Commission amounting' to Rs. 10.744- The- management has failed to prove the basis of this charge- It is argued by the learned representative of the company that this is a contractual obligation and reliance is placed on the decision of the Labour Appellate Tribunal in the case between Model Mills etc. and Rashtri.ya Mill Mazdoor Sangh (1955 I LL.T 534 at p. 540). It has, however, not been established that this amount is due to the Managing Agent's as a contractual obligation. Along with his affidavit, Lala Himansudas has filed, as Annexure "F", an extract from an agreement between the S S L. Rly.. and M/s- Martin Burn Limited which is dated the 10th August. 1900. This agreement being of a date, subsequent to the close of the financial year 195H-C0, has, no relci/aiite to the present case and cannot be taken as a basis for payment of Managing; Agent's Commission ducing the year. Ey an application sent by post, subsequent to final arguments, the 'management "has sought to file an agreement dated the 24th Aucust. 1948 which, according to the application, is the basis of the claim of the Managing Aeent's Commission shown in the balance-sheet. It is stated in the application that, by a clerical error, the agreement in respect of the period commencing from 16th August, 1960 was annexed with the affidavit of Lala Himarsudag ins+e->d of the agreement dated 24th August, 1.P48 which covered the bonus year. This docu- ment cannot be taken into consideration since the Union representative has had no opportunity to see the document and to cross-examine the dependent regarding the agreement as arguments had already been closed. I have, therefore. r"j alternative but to add back this amount to the profits for the purpose of cal- culation of available surplus.

20- Then there is an amount of Rs. 62,212 shown as the Government's share of profits in the balance-sheet. This amount Is said to be due to the Central Government as its share of profits according to Annexure "F" to the affidavit of Lala Himansudas, MW 1- The amount has to be added back to profits-

21 I row take vm the item of allocation to renewal and replacement fund amounting to Rs- 2.3G.163- The Union seeks the adding back of this Pmount for computation of available surplus. In para. 17(il) of his affidavit, Lala Himansudas has explained that this item represents the actual net amount spent by the. Railway in the day-to-day replacement and renewal of its fixed assets and as such it forms a part of the expenditure for the year- It hos be°n further explained that the Income-tax Department has allowed the Raiiwav to charge the actual expenditure incurred in replacement and renewal of its fixed assets, during any financial vear, in lieu of a claim for depreciation, vide the notification filed as Annexure "E" to the affidavit The charce seems to be quite reasonable and I cannot accept the Union's claim in this behalf. In his award Ext, M!" Shri Krishnamurthi also had allowed an amount of Rs. 4 lacs to-wa-rk +h° re- placement and renewal reserves in the calculation of available surplus lor 1956-57 vide Paragraphs 42 to 44 of the award.

22 Next is the item of loans and advances given to other concerns from S.SL Rly revenue amounting to Rs. 58,205. This Item also is sou"M. by the Union to be added back to profits. In Para- 17 (vi) of his affidavit, Lala Him^nsudas has explained that the figure of loans and advances shown by the Union in its chart represents the maximum amount due at any one time during t>ie year and rot the amount due as on 31st March, I960- As shown at paw fi of the balance-sheet Ext M/l- the amount actually due to the company on 31st March, 1960 from various concerns was Rs. 16,858 onlv. These are mere inter-company book entries which do not affect the profit of the compa-iv in nnv ww . t he company's system of accounts h?ln" the Mercantile system. TJ h*, h™ <~-^ W that the oth=r companies under the manapemert oC M/s. Martin Burn Limited, are also entitled to larger payments from the S.SL. Rly-, as will appear from

their balance-sheets, vide Annexure "G" of the affidavit which is an extract from the balance-sheet of the HAL Rly- In this extract, an amount of Rs. 83,515 is shown ,as due to that Railway from SSL Rly- This claim of the Union has no force, whatsoever, and cannot be accepted.

23: I next come to the most contentious item namely the 45 per cent contri- bution towards the Head Office, Calcutta, from SS.L Rly. revenue amounting to Rs. 4,60,8f)0 which is sought to be added back to the profits- On the very face of it, this claim of the Union Is exaggerated, for the argument on behalf of the Union throughout has been that the allocation of 45 per cent from the S.S.L. Rly. revenue to the Head Office expenses is out of all p:oportions to what is justiiied. There can be no question, therefore, of adding- back the entire allocation- The Union's stand on this point is based on the following factors:— (1) As already stated, apart from the S.S.L. Rly., there are four othen Light Railways which in some form or the other, are under the management of M/s. Martin Burn Limited. There is a Head Office for these five Railways which Is located in the Mercantile Building at Calcutta- As explained by Lala Himansudas in his affidavit (Para. 9), in addition to the Joint Head Office at Calcutta, there are three regional offices for the five Light Railways; ore at Saharanpur for the S S L. Rly. only, another at Arrah for ASL and FIL Railways and the third one at Howrah Maidan for HAL and HSL Railways, The regional offices at Arrah or Howrah Maidain are not pa:t of the Joint Head Office at Calcutta. There is also a Workshop at Calcutta known as the Bakra Railway Workshop which does not serve the SSL Rly. There is sufficient indication in the evidence of Lala Himansudas that the Bakra Workshop is also treated as part of the Head Office. This Workshop, it see:ns, serves only the two Ben&al Railways- The John Head Office at Calcutta has no income of its own. The allocation of expenditure, incurred on the Head Office, to the five Railways is as follows :—

Howrah-Amta Light Railway—25 per cent.

Howrah-Sheakhala Light Railway—5 per cent. Arrah-Susaram Light Railway—20 per cent. Futwa-Islampur Light Railway—5 per cent- S-S. Light Railway—45 per cent.

Lala Himansudas was unable to state in which year the above proportion of dis- tribution of expenditure was fixed- It was his guess that it was lr. 1956-57. That was the year in which the resolutions of the various Boards we e passed accepting the. allocations. These percentages of distribution were, however, in force even before that year. Prfor to 1948, there were sevrn Railways under the manage- ment of M/s. Martin Burn Limited but in 1948 two of these were taken away from their management, and, accoiding to the d~ponent, the percentages must have been fixed sometime after 1948. The kilometerage of the five Railways is as follows :—

HAL Railway SSL Railway HSL Railway FIL Railway ASL Railway

70 31 148-86 27.15 48-45 104-80

Total

394-63 Kilometres

It will, be sosn that the kllomcterafte of the SSL Railway is about 138-6 per cent of the total kilometfrane and if the kilometerage is the basis then the allocation should no* be more then 38.6 per cent.

(2) According to a letter Ext- W/9, dated 10th December, 1960 from the Superintendent, SSL Rly., Seharanpur to the Sec efnry of the Union, ir response to the latter's commuTilcation, the totel number oi' em- ployees over SSL Rly., In lHfiO-61 was 1047- According 1o an ad- mission of Lala Himar^udas in cross-?xamina'icn the total number of workman of the HAL Railway Including the Workshop would be 1049 as ziwi-n in Mr Je^lee Bhoy's I'Wnrd of lr4° In Fe'erene No. % of 1949 of the Centrnl Government Industrial T-ibunol Calcu^a a^d the strength of labour has remained more or less the same- The

strength of the s+aff of the SSL Rly. and the HAL Railway Is, there- fore, almost eiual. The total strength of the staff of the five Railways according to Lain Himarsudas Is somewhere near 3,000. The strength of the sfatr of the two Railways thus constitutes 70 per cent of the to+al str"=n^th of staff. As aealnst this proportion of the staff, the HAL Railway contributes only 25 per cent to the Head Office ex- penditure while the SSL Railway contributes 45 per cent which Is obviously unfair-

(3) The total number of locomotives on HAL and SSL Railways Is as

follows :—

HAL Railway:

Steam Locomotive

25

Diesel Rail Car

I

Total 26

S.SL. Railway

Steam Locomotive Diesel Rail Car

15 1

Total 16

O 11 this basis also the allocation of expenditure cannot be treated as fair.

(4) The paid up capital of the five Railways as as follows vide evidence

of Lala Himansudas in cross-examination:—

SSL Railway HAL Railway ASL Railway HSL Railway

FIL Railway

15,O0,0C0 26,00,000 21,60,000 6,00,000 11,50,000

The paid up capital of SSL Railway is, therefore, only about 19 per cent of the total paid up capital of 80 lacs and the 45 per cent allocation of expenditure cannot be treated as fair even on this basis.

(5) A statement Ext. MW 1/17 has been filed by MW 1 which contains figures of gross earnings of the five Light Railways managed by M/g. Martin Burn Limited from the year 1950-51 to 1959-60. MW.1 has also given in cross-examination the figures of gross earnings of the same Railways for 1960-61- The relevant figures may be summarised as follows along with the percentage:—

Name of Rly.

Year

Percentage of total

Adjusted gross earnings (In 1a<-s) CRs.)

. I9SO-5I

Do. Do. Do. Do.

27 7 14 4 38 4 2% H \L . . . .. H>L . ASL FIL SSL

90

                                                           Adjusted  1 Percentage
Name of Rly.                                      Year       g r w: of total  ;
                                                     ciminss  (la  laci):
  HAL                                              1951-52      29
   HSL                                             Do.           6
   A SI.                                           Do.          16
   FIL                                             Do.           5
   SSL                                             Do.          39     4 1%
                                                                 "5
   HAL                                            1952-53        29
   HSL                                             Do-            6
   ASL                                              Do.          15
   FIL                                              Do.           4
   SSL                                             Do.           39     4 2%
                                                                 93
   HAL                                            T953-54        28
   HSL                                              Do.           7
   ASL                                              Do.          17
   FIL                                             Do.            4
   SSL                                             Do.          40       4 1%
   HAL                                            1954-55        29
   HSL                                              Do.           9
   ASL                                              Do,           17
   FIL                                              Do.           5
   SSL                                              Do.          4*      4 0%
                                                                1,01
   HAL                                            1955-56         29
   HSL                                              Do.           7
   ASL                                              Do.           18
   FIL                                              Do.            5
   SSL                                              Do.          44      4 2%
                                                               l"°3
   HAL                                      •    . 1956-57        30
   HSL                                               Do.          7
    ASL                                               Do.        19
    FIL                                               Do.         6
    SSL                                               Do.        45      4 1%
                                                               1  07
    HAL                            • •  .    .   •  1957-38       30
    HSL                                          .    Do.          7
    ASL                                               Do.         19
    FIL                                               Do.          6
    SSL                                               Do.         40     3 9%

1,02

Name of Rly.

Percentage of total >

Adjusted gr->ss ; (in la'Cs)

Year earnings

HAL . . .. HSL ASL T IL SSL

1958-59 Do. Do, Do. Do.

3 3%

30 8 18 6 3¹

r" HAL HSL ASL FTL SSL

bo. Do. Do. Do.

35%

19 is 34

. 1960-61

H AL H SL . . .. ASL 1'IL SSL

D o. D o. Do. D o.

31 7 19 8 36

3 5%

I - OI

It Will be "ecn from the above chart that the percentage of gross earnings of SSL Railway to the total gvoss earnings of the five Railways has progressively decreased from 42 per cent in 1950-51 to 33 per c;nt in 1958-59- In 1950-60 and 19G0-G1 it has. slightly gone up to 35 per cent obviously by reason of the arrear of income from sugar cane lrelg'ht received during the two years from the Upper Duab Sugar Mill- It can be safely presumed that but for this unusual source of income during the two years, the pei.vcer>.tag9 of gross earnings of the SSL Hallway would not have gone above 33 per cent aa in 1958-59- If this yard- stick is adopted for assessing the proper contribution of the SSL Railway to Head Office expenditure then it should not exceed 33 to 35 per cent of the total expenditure on the Jolnl Head Office.

(6) From the pleadings of the company in Its written statement, it will be seen that the present percentage of allocation from the SSL Rly., revenue to the Joint Head Office expenditure is sought to be justified on the strength of the alleged volume and special nature of work of the SSL Rly., which, according to the company require the services of a number of the Head Office staff exclusively and those of the majority of the balance tiiereof partially for a longer period then what are required by any of the other four Railways. In the oral and documentary evidence produced on behalf of the workmen and in the crosy- examination of NW1, the union has been at pains to disprove this plea of the management as to the volume and special nature of work of Ihe SSL Rly. It has been pointed out on behalf of the uni ;n that according to the Indian Bradshaw for June, 1964, Ext. W/41, the HAL Rly., runs above 80 passenger trains includ- ing shuttles while the SSL Rly. runs about 16 trains and that this should obviously have a bearing on the respective work-load oF each Rly. on the Joiht Head Office and yet while the allocation of the Head Office expen-iii ure to HAL Rly.. revenue is only 25 per cent that to the SSL Rly. revenue as much as 45 per cent.

(7) There is no Superintendent's Office for the two "Rental Railways while the SSL Rlv. has its own District Traffic Superintendent's Office at Saharanpur. The two Bihar Railways are manned by a Sunerinte'ident's office at Arnh. It has been nointed out that according to the classified list of CRZ^Hed establish- rrentc; of Tndinn Rnilwavs ( n ^e 4061 onwrrtq Ext. W/R4A. the SSL "Rly. alone of the five Light Railways has a self-fufficient management. It is argued that the •uiofrvision bv the Head Office nt Calcutta is o'll'v a •qi">"rf""'iql wwvi's'on. By production of a large number of circulars and other documents on behalf of

the union an attempt has been made to show that all functions discharged by the Head Office for the Bengal Railways are directly performed by the local office at Sahaianpur for the SSL Rly. With regard to Enginertng, only junior officers are at Howrah Maidan in respect of two Bengal Railways. With regard to traffic, there is nobody on the line. They are only on the Head Office in res- pect of the two Bengal Railways. Attention has been drawn to Lala Himansudas'a statement in cross-examination that the office at Howrah Maidan has two sec- tions, one under an Assistant Traffic Superintendent and another under an Assistant Engineer for the two Bengal Railways, while the Superintendents on the SSL Rly., and the Bihar Light Railway, being away from the Head Office, are given the powers of Divisional Officers. For the Bengal Railways, however, the Heads of Department at the Head Office exercise the powers of Superin- tendents in their respective spheres. He has further stated that leave etc., of the staff is sanctioned at Saharanpur by the Superintendent and normal increments in the pay-scales and transfers are also within the powers of the Superintendent and are done by him in respect of the subordinate staff. For the two Bengal Railways, these functions are performed by the Heads of Departments at the Head Office. The highest officials on the line at Howrah Maidan, in so far as the HAL and HSL are concerned, are the ATS and the Assistant Engineer. H& has admitted that in the SSL Rly., however, there is a Superintendent and a. District Traffic Superintendent, there is an Assistant Engineer at Shamli on the SSL Rly., and there is an officer incharge of the loco workshop at Saharanpur. MW1 has filed a document Ext. MW1/1 which is called Transmit Memo, and which shows the return that a station has to submit once a month in all the five Railways. MW1 could not deny that there are roughly in all about 100 stations in all the five Railways while the SSL Rly.. has only 21 stations. The daily earnings of all the stations on the HAL and HSL Railways are received daily at Calcutta and accounts are maintained there at the Head Office while the entire earnings of the SSL Rly. from day-to-day are collected at Allahabad by the- Northern Railway authorities and banked to the credit of the company. MW1 has also admitted that payments in respect of T.A., mileage allowances, over- time bills, handling bills, medical bills, acting and officiating allowances, house rent allowance, bonus payment and Gratuity for the workers of the two Bengal Railways are made by the Head Office and accounts kept there. The same is the position in regard to the two Bihar Railways namely the FIL and ASL and also regarding the Bankra Workshop. In regard to SSL Rly., payments are made directly by the Superintendent at Saharanpur but accounts are said to be main- tained by the Head Office. The Superintendent at Saharanpur has f?ot his own imprest cash of Rs- 40,000 which is handled by him while there Is no Imprest for the Bengal Railways. In the case of the other Railways, admittedly it is the General Manager who is responsible for the day-to-day observance of standing orders. According to clause 17 of the certified standing orders for SSR Rlv. it Is the Superintendent of the Railway who is personally responsible for the proper enforcement of the stnndiif? orders vlr><> F.v+. W/-H. A reference to documents Exts. W/7 to W/44, W/51 to W/54 will show that the Superintendent Issues circulars and directions in a large number of masters and thus exercises direct supervision and control. These include recruitment of sub- ordinate staff, changes in time-table, minutes of nrocpHMes of advisorv com- mittees, revision of fares, supplementary charges, prevention of claims. re-or?ani- sation of traffic department and many other important matters which grr^r^ng to all indications are handled bv thp Heard Office in resrect of the BongRl Rail- ways although MW1 has tried to make out thit m

24. It is not necessary for me to eo further into this matter but suffice it to say that from the oral and -documentary evidence on ti-e record there ' c e m i to be a case for a down-ward revision of the per"""ta T-ofe.r to the ™av inc. B(il)] THE GAZETTE OF INDIA : APRIL SO, 1968/CHAITRA 31, 1890 1953

more than to comment on the justification for the present percentage of alloca- tion. It is also necessary in this connection to refer to a point raised by the learned representative of the management based on the chart Ext. MW1/17. This chart contains figures for the years 1950-51 to 1959-60 also In regard to net ton mllea and passenger miles In lacs based on the report of the Railway Board. It is sought to show from these figures that the percentage of passenger miles in SSL Rly. to the total passenger mileage has varied from 41 per cent In 1950-51 to 47 per cent in 1955-56 and to 30 per cent in 1959-60 while the percentage of net ton miles has varied from 58 per cent in 1950-51 to 60 per cent in 1959-60. According to the management's arguments it is this percentage of net ton miles which also has a bearing on the proportion of allocation of Head Office expendi- ture to the revenues of the SSL Rly. It is, however note-worthy that this point was raised for the first time during arguments and the pleadings of the manage- ment, as already shown, are based on the special nature of work in the Head Office relating to the SSL Rly. For reasons already explained, I would not how- ever, add back any portion of this allocation to the profits.