REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 334] NEW DELHI, MONDAY, SEPTEMBER 16, 1968/BHADRA 25,1890
Separate paging Is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION
(Deportment of labour and Employment)
NOTIFICATION
New Delhi, the 6th September 1968
S.O. 3292.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following Award of Shri P. C. Rai, Arbitrator in the industrial dispute between the employers in relation to the Banki Colliery of Messrs, National Coal Development Corporation Limited, P.O. Banki Mogra, District Bilaspur and their workman which was received by the Central Government on the 19th August 1968,
AWARD
Arbitration Award of Shri P. C. Rai, Regional Labour Commissioner (Central), Jabalpur in the case of Shri R. K. Jain, General Mazdoor (Cat, I) of Banki Colliery of N.C.D.C. Limited.
RLC FILE No. J-81(7)/68
M/J&E FILE NO. 5/58-A/67/LRII
PRESENT;
Shri P. C. Rai, Regional Labour Commissioner (Central), Arbitrator.
Representing Employers.—Shri S. P. Mathur, Deputy Superintendent of Collieries, Banki Colliery of M/s. National Coal Development Corporation Limited, P.O. Banki Mogra, District Bilaspur.
Representing workman.—Shri R. K. Jain, s/o Shri Pyaralal Jain, P.O. Rahatgarh, District Saugon.
1023)
!024 "fHfc GAZETTE OF INDIA EXTRAORDINARY [PART 11-Ministry of Labour, Employment and Rehabilitation, Department of. Labour and Employment, by notification No. 5/58/-A/67-LRII dated the 3rd June 1968 published an Order in the Gazette of India, which included an agreement dated the 17th April 1968 under Section 10-A of the Industrial Disputes Act 1947. By this order the dispute was referred to my arbitration. The following is the relevant portion of the agreement:—
"Tt is hereby agreed between the parties lo refer the following industrial dispute to the arbitration of Shri P. C. Rai, Regional Labour Commissioner (Central), JabaJpur."
(i) Specific matters in dispute:
(T) Whether Shri R. K. Jain, General Mazdoor (Category () performed duties of a Clerk or a Semi-Clerk or of a General Mazdoor during the period of his employment in Banki Colliery of Messrs National Coal Development Cor- poration Limited from 16th January 1967 to 10th July, 1967? In cither case to whal relief is he entitled?
(U) In the light of above, whether Shri R. K, Jain was governed by National Coal Development Corporation Rules or by Colliery's Certified Standing Orders and whether the act of termination of services of Shri R. K. Jain by the management with effect from 11th July 1967 was legal and justified? If not, to what relief is he entitled'.'
(ii) Details of the parties to the dispute including the name and address of the establ- ishment or undertaking involved.—Employers in relation to (tie Banki Colliery of M/s. National Coal Development Corporation Limited, i'.O. Banki Mogra (District Bilaspur) M.P. and (heir workman, Shri R. K. Jain, General Maz- door (Category )).
(iii) Name of the union, if any, representing the workman in question.—None, (iv) Total number of workmen employed in the undertaking affected.—-1250.
(v) Estimated number of workmen affected or likely to be affected by the dispute.
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 months or within such further time as is extended by mutual agreement between us in writing. Tn case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate '.,r fresh arbitration.
2. In response to my request dated 18th IVfay 1968, Shri R. K. Jain submitted his written Statement on 25th May 1968 (Appendix 'A') and the management submitted their written statement on 6th June 1968 (Appendix 'B'). Both the parties jointly agreed that the Award may be given by me by 16th August 1968.
3. The hearings in this case were fixed on 4th June 1968 and on 4th July 1968.
(I) Whether Shri R. K. Jain was a clerk-semi clerk or a General Mazdoor.
4. According to the management Shri Jain was appointed on Category \ rates of pay but •was a semi clerk. Shri R. K- Jain admitted that he was employed on Category I wages. It was admitted by both parties that he was not a General Mazdoor Catcgory-l. It was admitted by both parties that Shri Jain was a weekly paid staff not covered by certified Standing Orders but by National Coal Development Corporation Pules, The duties per- formed by Shri Jain were as follows:^
(1) Work in connection with Welfare Fund upto date accounts. (2) Pursue papers, send to different departments and report action taken ana pre-
sent position bonus, wages leave put up report.
(3) Compliance of agreed decisions with respective Unions put up report. (4) Complete distribution of cards of Annual Recreation Welfars Fund. (5) Complete Account of Labour Welfare Fund till 30th June 1967. (6) Enquiry and registration of workers complaint and report on them.
The management's representative admitted that he was partly doing field work and partly working in office. Shri R. K. Jain admitted that he was not doing typing work but was preparing small drafts, did filing work and Accounts work of Welfare Fund and payments to Labour Welfare Fund. The parties had no other submission to make on this issue.
SEC. 3(ii)j THE GAZETTE OF INDIA EXTRAORDINARY 1025(II) Whether he was governed by National Coal Development Corporation Rules
or Certified Standing Orders:
5. Shri R. K. Jain was a weekly paid Category I employee Shri R. K. Jain submitted that he was governed by Standing Orders. The management maintained that his services were regulated by specific terms of contract and as he was doing semi-clerical work which was done by monthly paid employee, he was governed by National Coal Development Cor- poration Rules. The parties have admitted in foregoing para that Shri Jain was governed by National Coal Development Corporation Rules. The parties had no other submission to make on this issue.
(III) Whether termination was legcin
6. During the course of hearing it was submitted by the management that his (Shri R. K. Jain) services were terminated keeping in view their Order Nos. BNK/00/19132, dated the 19th January 1967 and BNK./O0/1O3I.36 dated the 28th April 1967. whereas it was submission of Shri Jain that termination of his service was without reason and as such it was illegal. Shri Jain submitted that he may be reinstated. At this stage the parties had no other submission to make on this issue.
7. After taking into accounts the Tacts of the case and written statements ot" Ihe parties, 1 have come to the following conclusion in respect of the various items referred to me for arbitration.
8- From the above it is obvious that Shri R. K. Jain was appointed on Category I wages and was required to perform certain clerical duties enumerated in foregoing paras and there was no clerk in Labour Welfare Officer's Office. It has been admitted by the parties that he was not doing the work of a General Mazdoor as per job description in L.A.T. Award and he was also not considered in that Category at the time of retrenchment of General Mazdoors. It has been admitted by the parties that he was working as a semi- clerk. Shri Jain was not given Lower Division Clerk scale of pay on account of adminis- trative difficulties, I have come to the conclusion that mere performance of partly clerical and partly field work did not make him a semi-clerical worker. Tn the absence of any clerk in the Labour Welfare Officer's Office, he had to perform clerical duties and as such he should be paid at the current rates applicable to the Lower Division Clerks i.e., in the scale of Rs. 110—180 with other usual allowances namely Oearncss allowance at the rate of Rs. 84 and Project Allowance at the rate of 10 per cent basic pay. The difference of pay due to Shri Jain as a result of this award less amounts already drawn by him for the period 6th January 1967 to 10th July 1967 be paid to him on or before 16th October, 1968.
9. Shri Jain was never treated as a General Mazdoor and was performing certain clerical duties. The mere fact that he was paid weekly wages would not make Certified Standing Orders applicable to him. At the time of hearing parties admitted trnt Shri Jain was not covered by Certified Standing Orders but by National Coal Development Corporation Rules His appointment was regulated by the terms of his appointment and actual work performed by him. Since clerical employees are covered by National Coal Development Corporation Rules, therefore on analogy I have come to the conclusion that he was not covered by Certified Standing Orders but by National Coal Development Corporation Rules. Shri Jain's work was not found satisfactory by the National Coal Development Corpoiation authorities and no arguments were put forward by Shri Jain on this count. So T have come to the conclusion that action of the management in terminating the services of Shri Jain was justified and legal. In the circumstances, Shri Jain is not entitled to any lelief on this count,
10. I, therefore, give my award in the terms stated above.
(Sd.) P. C. RAI,
Regional Labour Commissioner, (Central) Jabalpur, Dated the 10/ft August, 1968
APPENDIX 'A'
I O 3 <5 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I I-?r*T *f STTSTT (Statement) fa^K-farrw %f<^ m wi i smut sftaH Jrc x$ (Statement) "Kf^R^.T %irrcmft ^wm$ zruxxfans (dispute) m
faTFf *tft ffTT ^X'T i
(A) Part Claim for Service.
(I) Office Order No. BNK 19132 dated 19-1-67 * n% *w 1w f^TT'pntf^ further extension if any, will be considered on putting satisfactory work w condition ^ WH it T^ grr management ^srpff^t service extension %%? lettery No. BNK/ 00/1031-36 dated 28-4-67 ^ work satisfactory t^^ ^ ^r^rr ITT 1 ??r condition ^^-J^TT management =PT srr"ff ^t dt. 6 - 7 - 6 7^ application wsft ^ ^TT(Reply) f%grr letter No. BNK/DR/ Estb. 3938 Jfferr $ ft? work satisfactory ^"rr, Tf ^"TT sr^fWt! ^ f^ work unsatisfactory ft% TT further extension % %r letter ^f f^rr err ?r^cfT 1 ^r^ eft ^ | ftr management ^ srpff ^t ofr futher ex- tension ^ ftr^ letter fan f ^jfl^r qf ftnj ^rr f ftr smff vr work y^r: satisfactory "TT ?*rfaq; management T srnff%^pf ^ ^^gxr further Extension letter dated 28-4-67 v> Office Order No. BNK.
1031 -36 T WJ^TC fon 1
(ii) Dated 19-1-67 % Office Order No. BNK I9I32 ^ management ^ n^v^ f^^ferr f% This appointment is purely temporary and for period of three months ^ condition % w^mr irrff ^r Temorary period dated 15-4-67 ^t mr^ ? t ^r *rr 1 T T^ Management ^ i2for *T*R vfa*;
(III) Dt. 6-7-67 # Application Sf srr"ff ^FPS: vr^lf Sf fir^fT management £snw=£r Fw^srT^ff % unsatisfactor/ w o r k ^' ^•^n^ ^ ^s m 1 m 12-7-67 *pr letter No. BNK/Dr/ Estb. 3938 *fr management S ^fr 5T? reason show f wf ftr ^srpff ^r ^ ^ ^fr ?t.j^ iff "n ?w PR mangement ^t ^rf^ "TTPP T? srpff ^ work % ^^5^: ^ ^ rp; warning letter'n charge-sheet ^ i n^ ^ sr#r ^rm ITT^T Manage- ment ^t mffi "fT fr ^ work % ^ng^: a^f fft TT STPRT ^ft service during probation period tf *TOWR ^TT JTT management^ ^Tf^ "TT ft? ^JTFff "fft work ^ unsatisfactory $1S SEC. 3(H)] THE GAZETTE OF INDIA EXTRAORDINARY 1027
%fair letter *r$r ^TT I ^r ?r n% $famanagement m*ff Tt work unsatisfactory %fwr Jf ^?TT $ t%3rpff ^T work
(iv) T T ^ T3 Sh. S. P. Mathur (Dy. Supdt. of Collieries) $ xvtfm^m Conciliation Officer % 31st 'ay, 1st June ^ 12th June, 1967 % conciliation *f monthly paid staff clerk * fwr Sf ^TR^n; ^w management ^ *T? wrongful termination notice f^r 1
ST sRFff ?r Tgf^s |f% srr"ff ^t service management ^ w<^"fl ^ r^ % fsr?rre 11 -7-67 ?r *mv
(B) Part I Claim for post and salary
*rrefrT *ffwr (Indian Constitution) ^r According to the work % v%^nj. Executive (^rf^Tfrofr) Parliamentary (ff^hr) Judiciary (^NMifa^r) ^rfTff^rflr According to the work ^ w^mr. ferr mt% 1 ^^ ^^nr ?t Chief Engineer, Chief Commissioner, Doctor, R.LCU.D.C.C.L.C., L.D.C. ^wrf* ^rr f^nRTsr^T (Classifica- tion) fwnm ti ^Hfer srrfff^t According to the work % W^TK L o w er D i v i s i on C l e rk ^r •K ( P o s t) ^ r " rr ^ fT ( S a l a r y) P r ^^ m ^ wf
(II) (Management Officer) Shri S.P. Mathur ^PTT Labour Welfare Officer %?=PT ^wfafiad T?ff ^r T^ W^ | f% ^^14 srrfi1 ^r fr^rl €^"rw ^r Lower Division Clerk ^ |i ^ JTHTM
(III) ^ft aHim^" %m*ft ^TT Jr ^ grr^% | ^^^T"ft ^ r^ ¥FZ |f% ^ ^ R ?r a p p o i n t m e nt l e t t er s r e r ^r f % in s r rt ^ • ? T TT ^ FW L. W. O f f i ce *f ft /
1028 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-staff clerk ^r post (
*ft*m tft^-rr t jmflsrfTT statement ^r T^T | I ssrrerr 5 far jsftrrpr
R. K. JAIN
APPENDIX 'B'
OFFICE OF THE DY. SUPDT. OF COLLIERIES
NATIONAL COAL DEVELOPMENT CORPORATION LIMITED
(Government of Ind;a Undertakings)
By Registered No. BNK/ARB1T(RKJ) 3308-9 Dated 6th June, 1968 Shri P. G. Rai, Regional Labour Commissioner (C) and Arbitrator, 108, North Civil Lines Beohar Hash, Jabalpur (M.P.)
Dear Sir,
SUBJECT :—Arbitration agreement dated lith April, 1968 between the management of Banki Colliery (N.C.D.C. Ltd.) and Shri R. K. Jain, General Mazdoor Cat.-I, U/S 10-A, of the Industrial Disputes Act.
Reference your letter No. J-81(7)/68, dated 18th May. 1968 as desired by you, I am giving the statement on behalf of the management in the above case.
Shri R. K. Jain was appointed for certain works in the office of the Labour Welfare Officer (Encl-'A') and was placed in Cat. I of the Coal Award with effect from 16th January, J967. As can be appreciated a general Ivfazdoor ;n the L.A-T. Award is an un-skilled labour and obviously such a labour is not required in the office of the Labour Welfare Officer. Sri Jain was actually given the work of semi-clerk but since sanction for such a monthly paid post did not exist, he was g:ven wages equal to Cat. I of the Coal Award, In his statement before the Assistant Labour Commissioner(C), BUaspur Sri Jain had admitted that he was doing clerical works in the office of the Labour Welfare Officer, Banki.
The fact thHt Sri Jain was never treated as a General Mazdoor is also confirmed by the action of the management in retrenching senior General Mazdoors in Cat- I of the Coal Award (Encl-'B1) and retaining the services of Sri Jain. He was actually never treated as a General Mazdoor and he never performed the duties of a General Mazdoor as listed in the job description of the L.A.T, Award.
Sri Jain has actually claimed previously and also now the wages of a Clerk in the monthly scale as applicable to National Coal Development Corporation monthly paid employees.
Coming to the question whether Shri Jain had worked as a Clerk or a Semi-Clerk, it can be seen from the enclosed slips (Encl-'C'-C-I- and C-2) that Shri Jain was asked to collect certain information or compile certain date regarding labour for compliance of agreed decisions with the representatives of the Unions. He had never written or drafted any letter or done any typing work or by another routine work of a lower Division Clerk. His main job was to put up certain figures regarding labour, collect workers grievances, to chase up complaints given by labour and to draw attention to the agreed decisions for necessary compliance of the management. He had, therefore clep.rly performed the duties of a Semi-Clerk (that means partly clerical and partly field work) and the management had offered to pay him difference of wages between the monthly paid Semi-Clerk, of National Coal Development Corporation and Cat. I of the Coal Award.
*>tc. ;!(ii)] THE GAZEi . ...< ,NIMA EXTRAORDINARY 1 0 2QSince Sri Jain had done semi-clerical work and since all semi-clerical works in N.C.D.C. were being performed (and are still being performed) by monthly paid employees governed by National Coal Development Corporation Rules, Sri Jain was actually governed undei the same rules. The mere fact that he was paid wages equal to Cat. I of the Coal Awajd does not change the picture. If Standing Orders are made applicable in his case, it will virtually mean that clerical work from a person getting wages equal to Cat. I of th" Coal Award is proper and justified. Such a thing cannot be acceptable either to the perwu concerned or to ihe other clerical staff who are performing similar duties. It would also mean prompting employers lo take clerical work from Ocneral Mszdoors Cut i of the Coal Award indefinitely in future, The management has done wrong in pnyini) him Cat. I wages, which was due to certain unavoidable administrative difficulties, I hey are prepared to pay the difference of wages and it is not understood why this was noi acceptable to the person concerned. No other mistake has been done by the management Their action of removing Shri Jain Trom services on grounds of unsatisfactory work was; legal and justified.
Shri Jain is claiming protection under Standing Orders only because his services huve been terminated.
We would have appreciated his stand.: —
(a) if he could not have demanded wages equal to other monthly paid clerical staff of N.C.D.C,
and (b) if he would have stated that he is governed by Standing Orders and not by National Coal Development Corporation Rules and as such his probationary period could not be extended beyond three months immediately after receiving the letter No. BNK/OO/J03I-36, dated 28th April, 1968 (End: 'D').
Payment of wages according to National Coal Development Corporation scales and applicablity of Standing Orders cannot go together particularly when it is clearly stated that the relevant Standing Orders are not applicable to monthly paid employees of National Coal Development Corporation Limited.
Yours faithfully,
(Sd.) S. P. MATIIUR,
for and on behalf of the management of Banki Colliery of M/s. N.C.D.C. Ltd., Bankimogra.
End. VT Copy of Office Order No. BNK/00/19132, dated 19th January. 1967
OFFICE ORDER
Shri Rajendra Kumar Jain s/o Sri Pyarelal Jain is hereby appointed in Cat. T of the Coal Award with effect from 16th January, 1967. He is directed to report for work to the Labour Welfare Officer, Banki.
This appointment is purely temporary and for a period of three months from the date of his reporting for work. Further extension if any, will he considered on putting satisfactory work.
(Sd.)
Supt. of Collieries, Hanki.
Copy for information and necessary action to :—
1. Labour Welfare Officer, Banki. 2. Bill Section/Bonus Section/OMPF.
Enclosure 'B'
List of General Mazdoors Senior to Shri R. K. Jain but terminated prior to his termination.
Name of General Muzdoors Date of termination.
I
1. S/Shri Gopal Mishra s/o Meghnath Mishra "| 2. GanRu Ram s/o Sukhuni. 3. Nathudas s/o Somaru. 4. Anganu s/o Budhwa. > 4th June, 1967 I 5. Sadh Ram s/o Shriram. 6. Sukhdeo s/o Manglu Das. | 7. Bodhan Sai s/o Ram Soi. J
I O 3o THE GAZETTE OF INDIA EXTRAORDINARY [PART 1I-SEC. 3(ii) |8. Sawan Singh s/o Rup Singh, 9. Ramchandra Sahu s/o Puni Ram.
10. Rothu Ram s/o Sukh Lai. 11. Shyam Sunder s/o Seyan Singh. 12. Puni Ram s/o Puran Singh. > 4th June 1967 13. Manohar Sinch s/o Budhan. 14. Maya Ram s/o Gusan. 15. Sewa Ram s/o Sakha Ram. 16. Maya Ram s/o Bhapla. 17. Ramkiishna s/o Ombhagat. "1 I 18. Fulsai s/o Basti Ram. i- 16th June, 1967. 19. Mohit Das S/o Bablo Das, I 20. Anand Ram s/o Jhagrha. 21. Sunderlal s/o Ramprasad. J 22. Arunkumar s/o R. M. Lai. ,f ) th j ] q f i7 \ 23. K. P. Mishra s/o M. N. Mishra f 3 O th J u n C' l y 6 7'
End. 'C
Shri Jain.
1. Welfare Fund upto date a/c. 2. Pursue papers sent to different departments and report action taken and present position Bonus and Wages, leave wages put up report.
3. Compliance of agreed decisions with respective Unions—put up report.
(Sd.) M. M. TEWARI,
Labour Officer, Banki
10-3-1967.
End. 'C-Y
Shri Jain,
1. Complete distribution of Card of A.R.W.F. 2. Complete A/C of L.W.F. till 30th June, 1967. 3. Enquiry and registration of workers complaints and report thereof.
(Sd.) M. M. TEWARI,
10-6-1967.
End. 'C-T
Shri Jain. L.W.O. Office
Please check whether one day's wages have been deducted for the following for Annunl Recreation and Welfare Fund.
Shri Pillai, Welder, Shri Nuir, Welder Helper, They say they have not filed their objections.
H
(Sd.) S. P. MATHUR,
28-3-1967.
End. 'D '
Copy of Office Order No. BNK-00/1031-36, dated 28th April, 1967
OFFICE ORDER
The services of Shri R. K, Jain are hereby extended for a period of another three months to afford him a chance for improvement and efficiency in his work. This is in continuation of this. Office Order No. BNK-00-19132, dated 19th January, 1967. His services may be terminated earlier without notice and without assigning any reason what- so-ever.
CSd.)'
Supdt. of Collieries, Banki.
Distribution- Bill Section/Bonus Section/LWO/CM/person concerned.
TNo. 5/58A'67/LRIL] BALWANT SINGH. Under Secy.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,
N*1W DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 88
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