Subject NOT available

23. Shri S. R. Kulkami, Trustee, Bombay Port Trust, Representative of the Bombay Port Bombay.

Trust.

24. Deputy Chairman, Commissioners for the Port Representative of the Commissioner!! of Calcutta, Calcutta.

for the Port of Calcutta.

Cochin.

25. Shri J. C/rilR-ij, Secretary, Co Jam Port Tr 1,:, Representative of the Cochin Port ' Trust. 26. Captain D. V. Singh, Deputy Conservator, KUndla Representative of the Kandla Port Port Trust, Gandhidham (Kutch). Trust,

27. Shri V. V. Seahadci, Deputy Port Conservator, Representative of the Madras Port Madras Port Trust, Madras. Trust.

28. Caotain S. N. Uayankar, D.-iutv Conservator, Representative of the Visakhapntnam Vhakhaptanam Port Trust, VisakhApatnam. Port Trust.

29. Shri C. P Snvasnva, C ' m n n ii and Mnagmg Representative of shipowners.

Director, SMojing Corporation of India Ltd., StcelcreLe House, Dhibhaw Wacha Road, Bomhay-T.

30. C"ptiinJ.C An in 1, MJSJM. Ve'V O-em S'.eam- Representative of shipowners.

shio PrivaLe Ltd., 221, Dr Dujabhov Na0rO]i Roil, lfort, Uombay-i.

31. Shri G. D. VeJ, The Scin Ua Stea.ri Navigation Do.

Co., Ltd., Somda Home, Ballard Estate, Bom- bay- 1.

32. Air. J. W. Anson, Owners/Aponts' Committee Do.

(Crew), \, BiUard Roid, Ballard Estate, Bombay-1.

33. Captain A. H. McSweeney Calcutta Liners' Con- Do.

ference (Crews), 16, Strand Roud, Calcutta.

34. Shri K. P. Kolahi Joint Secretary, Maritime Represnctativi" of seatarei¹..

Union of India, 204, Dr. Dadabhoy Naoroji Road, For', Bombay-i.

35. Shri K. K. Khadilkar, C/o National Union of Do.

Seafarers of India, 4, Goa Street, Fort Bombay-1.

36. Shri Leo Uarnso, C/o National Union of Seafarers Do.

of India, j ., GJ.I Street, Fore, Bombay-i,

37. Slirl Bikas Mijaml-ir, Natioiil Union of Seamen Do.

of In l a, 10-2, Watgunc,i> Street, Calcutta-23.

38. Dr. Sin 1:1 P-irel, Si:li S.U.m, jlo;k B-11, Sitala- Do.

Jevi I'ttiiiiile Ro.id, Ho.noa\ irt.

39. Capuin D. M'lng^t, C o M;> P.i icsion and Repreicntative ol the ^Company ol Richards, 32, Nnol RiuJ ii " nl 1 , ate, Bom- Mastei Marmt-rs of Iix^a. bay-i.

40. Shri K. ParlhasraLhv, PnntMp.il Officer, M. M. Representative of tocjeties intcrcatcd Department, Old High Co.u-L BuildinRs, Post in the -welfare of seamen. Box No. 268, Madrs.

41. Shri S. K. Bosc, Dhcctor, Seami-n'b HmploMiient Do.

Offlcej Marine House, HastinRs, Cajcuua-22.

42. Shri K. G. Dcshpandc, Shipping Master, Bombas. Do. 43. Shri V. R. ;ia;nas\v-"itny, Messrs. Lionel Edwards Do.

& Co., Calcutta.

44. DcpJvy Director General of Shipping incharue of Member-Secretary.

Seamen's Welt^re (ex-ojfiao).

[No. i|-Mr(T2)/6S].

K. V. SANKARAN, Dy. Secy.

MINISTRY OF PETROLEUM & CHEMICALS

(Department of Chemicals) New Delhi, the 29th October 1968

S.O. 3907.—In exercise of the powers, conferred by sub-section (1) of seclion [9 of t^c Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central Govern- ment hereby authorizes each of the cfRceis of the Government of Uttar Pradesh specified

in the Schedule below to eacrcibe the powers specified in clauses (a), (b) and (c) of the said section in so far as they relate to the industry specified in sub-item (1) of item 26 of the First Schedule to ihc said Act.

SCHEDULE

1. Excise Commissioner. 2. Deputy Excise Commissioner. 3. Assistant Excise Commissioner. 4. Superintendent of Excise. 5. Excise Inspector.

[No. 4/2/68/Ch. I.]

S.O. 3908.—In piusiuincc of. sub-clause (2) of clause 11 of the Molasses Control Order, 1961, the Central Government hereby directs that the provisions of sub-clause (1) of the said clause shall com; into force in the entire Mysore State with' effect from the Jfcth day ol November, 196S.

[No. 4/19/68/Ch. I.]

S. SUND\RARAJAN, Dy. Secy.

MINISTRY OF INFORMATION AND BROADCASTING

New Delhi, the 14th October 1968

S.O. 3911.-—In exercise of the powers conferred by Section 5(1) of the Cinematograph Act, 1952 and sub-rule (3) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules, 1958, the Central Government after consultation with the Central Board of Film Censors hereby appoints Mrs, Mary Clubwala Jadhav a¹; A member of the Advisory Panel of the said Board at Madras with immediate eftect.

[No. ll/3/"R-FC.]

S.O. 3912.—In exercise of the powers conferred by .Section 5(1) of the Cinematograph Act, 1952 and sub-rule (3) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules, 1958, the Central Government after consultation with the Central Board of Film Censors hereby appoints Dr. (Miss) l^abhuben S. Soneji, as a member of the Advi- sory Panel of the said Board at Bombay with immediate effect

[No. 11/2/6R-FC.]

S.O. 3913.—In eveicise of the powers conferred by Section 5(1) of the Cinematograph Act, 1952 and sub-rule ('}) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules. 1q58, the Central Government after consultation with the Central of Film Censors hereby appoints Dr. (Miss) Labhuben S. Soneji, as a member of the Advis- Panel of the said Moird at Bombay with immediate offect.

[No, 11 /2/68-FC ]

New Delhi the 26th October- 1068

S.O. 3914.- -Ii. c-orcise of the powers conferred by Section 5(1) of the Cinematograph Act, 1952 and sub-rule (3) of rule 8 read with sub-rule 2 of rule 9 of the Cinematograph (Censorship) Rules, 1958, the Central Government hereby appoints Smt. T.eela Damodra Menon as a member of the Advisory Panel of the Cenral Board of Film Censors at Madras with immediate effect.

[No. ll/3/68-F(C).]

H. B. KANSAL, Under Secy.

ORDERS

Neil, Delhi tha Wh October 1068

3 . O. 1 ^ 1 9. — [ 'i i K i r s u m co o i d io J' , - , ' „ - .• i r t^ H M I OJ u n d er t he p r o v i s i o n, o i ' t hu e r. v u n c n ts

specified in the Firsf Schedule ritinexea h(;i^r') (he Central Government sftcr considering the •^comneniatioiis o( the Film Advisory Hiar,!, Ut>;nl>ay hereby approves the filma specified iu •olumn 2 of the S e c wi ScheJule uanexed hereto in all iu; language versions io be of thedescrip- iion specified suainst it in coi'.UTin 6 of the said Secund Schedule

rniB FIRST Scpinnui.E

(1) Sub-Soocion v'4) Jf Section ra jnJ Section r6 of the Cirwmatograpii Act, 1952

(Cenrrat Act XXXVII of 1952;.

(2) Sub-Section (3) ot" Scuium 5 and Sscn i.i 9 of the Uombdy Cmtmai CReguUnon) Act, iQ53 Ot'unbav Act XI of 1953 .

THK iiEcoNT) SCHEDULE

S. No. Title of • if. film Leuntti NJMK oJ'thc; 35 mia AoyH'-a.rLC

Niime of the Producer

Whether -i Scientific film or a film Intended for educational puryvrce or a film dealing with news and current events, or a documentary film

1

2

6

1

5

4

1 I i"iji.uti'>itil T >ar(V 3OJ >JM DiriOt i' of P thiicily Gov-

l'air *

Documentary Film (For rclcvi.,e in MahatTihtra Cucuii).

emtneat n Iviih.irnshtra Fib-'. C^'i re, Cd Tardeo Kou, Uombay-34.

[Mo. F. Z4/T/S8-FP App. 1296.]

S.O. 39"0.—In pursuance of the directions issued under the piovisions of each of the- enactments specified in the First Schedule annexed hcreio, the Central Government after- considering the recommendations of the Film Advisory Board, Bombay hereby approves the film specified in column 2 of the Second Schedule annexed hereto in Gujarati to be ofthc description specified against it in column 6 of the said Set-end Schedule.

THE FIRSI SCHEDUIF,

(T) Sub-Section (4) of Section TI and Section 16 of the Cinematograph Act, 1952 (Central Act XXXVII of 1953).

(2) Sub-section (3) of Sedion 5 and Section 9 of the Bombay Cinemas (Regulation) Act.

1953 (Bombay Act XVII of 1953).

(3) Sub-se^uonU) of SecLion 5 and Section y of the Sauras,hiru Cinemas (Regulation) Actr

1953 (Sauras-htra Act XVII ol T953).

THE SECOND SCHLDUIE

Title uf the film

S. No.

Le-igth 3Smm

Name of the

Applicant

Name of the Producer

Whether a Scientific film or a film intended for educational purposes or a film dealing wilh news and current events? Or a documentary film

1

2

5

6

3

4

Shn Prakash Arora

|3fi-7zM

1 J:ev*ui Diymi Aushadhiyan

C/o

Documentary film (For releasc in Gujarat Circuit only).

Director of Infoimaiion Government of Gujaral,

Anmedabad.

[No. F. 24/i/68-}'P App. 1297]

S.O- 39**.—In pursuance of the directions isbued under the provisions of eat h tf the- en.i(.-LtnttnL, specified in ihc lurst Schedule annexed hereto, the Central Government after considering the recommcndtioiiis cf the Film AdMsnry iioard, Bombay hereby appimes ire film, specified in coLirn'12 of ih^ Sejoni Schedule annexed hereto in all its language versions to be of the:

d e s c r i p t i on p c c i i i cd n g m n si it IT n ' l i r i jn ft OJ il t • •; t f mn J t f t .n t

'I HE FIRST SLHEDULH

Sub-Section (4J of Section 5 of the UlUi Pradesh Cinemas (Regulation") Act, 1955 (Uttar Pradesh Act No. 3 uf 7956;

THE SECOND SCHEDULE

Title of the film

S. No.

Name of the Applicant,

Name of the Producer.

Length 35 mm

Whethei a Scientific film or a film intended for educational purposes or a film dealing with news and current events or a documentary film

2

1

6

3

'4

5

1 Sunehrc Moil

Director of Information

298 09M

Government ol Uttur Pradesh; Lucknow.

Film intended for educa- tional purposes (For release in U.P. Circuit only).

[No. F. 24/1/68-FP App. 1298]

BANU RAM AGGARWALj Undeti Cy.

!ur 3(11; | im ( J A Z E I I L O I- INDIA NOVCMB1 R l), J8/XAR1IKA 18, 1890 4 9 6^

MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION

(Dipirlmeitt of Labour and Employment)

Wcu Delia, iht 23rd October 1968

S.O. 3922.—In puisuance oi Section 17 of the Industrial Disputes Act, 1947 (14 o£ iV'il), the Central Government hereby publishes the following award ol the Industrial 1 nbunal, Madras, in the Industrial Dispute between the employers in relation to the Madras Dock Labour Board, Madras, and their workmen, which was received by the Centnd bovcrnment on 17th October, 1968-

Bt-M)RE THE INDUSTRIAL "1RIBUNAI, MADRAS

Wednesday, the Wih day of Septembti 196t

PHESLNT:

Ihiru M I.ij.immul Hussain, B A, B.L, Induitnal Tribunal, Madr.Ji

INDUSTRIAL DISPUTE NO. 51 OF 1968

(In the mallei nt ihe dispute beiwccn the workmen and the i.i inaytmt-nt ot Madras Dock Luboui Board, Madras).

B n w t t N:

1. The General Secietaiy, Mddus Hjrhom Woikers' Union, 'Dhagiit House', No.

1/73, Broadway, Madras.

2. The General Secretary, JV1adi..s Port and Hock Workeis f ongieas 11, Phillips

Street, Madras-1-

3 The General Secretary, Madi.is Pm( and Dotk Woiker^ Piuyiessi\e Union, Noilh Beach Road, Madras.

AND

1. The Chaum.in, Mudias Stevedores' Association, North B;a;h Road, Madias. 2 The Vice Chairman, Madras Stc\cdorcs' Association, North Hs.ith Roiid Madias 3 The Chairman, Madras Dock Labour Board, Madras.

JILIERINCE:

Ordei No. 29(l2)/68-LR (dl not Jjaily t.ho\\n) of Ihe Mmiiiry oi I.dr-oui, Employment and Ech.ibiliialioii (Dep.irtjntnt of 1 nbo ir and 1 mploymtut) Ciovernmcnt of India. New Delhi.

This dispute coming on loi Jiriid heating befoie me on SaturdiLy Ibt; 31st day of August 1968 upon peisuing ihe lefeience, claim si itemcnts, counter jUteniiils filed n> I)K" 3rd nunagement and nil othei tncilcn il papers on record rind upon htjiing Ihe arRuniLiits ot Thirn A Sninivasan. Seci^tary ol the Mr-1 Union, Hum S M Niriy.inin deneral ^Lcre- lary of the 2nd Union and Thiru M John, Gcncr tl Secretary of the 1id Union ind of Xhlru G. Vcnkatarainan, advocate foi the 3rd Management um\ the Managemenis ] jnd 2 not appearing in person 01 ny advocates and not filing countLr >t,itemeiit t>nd this dispute jhavmg stood over till this d iy for consideration, this Tribunal made the following

AWARD

The Ccntial Cjovernment has rL.Jened this Tndusliml Disputt between the N-ladias Dock Labour Boaid, Madras and iheir workmen rtpresented by Madras Porl nJ DoA Workeis Congress, Madras Harbour Workeis Urion urj Madras Port and Dock Workeis Progressive Union, Madras relating to the promotion to the category of Tindala I he matter referred to for adjudication jre these:

(1) Whether regular piomotion to the category of Tindals should be limited to Winchmen as at present or thrown open also to Muzdoors who have been acting in casual vacancies over long periods arc as per Clause 10 of the Madras Dock Workers (Regulation of Employment) Scheme, 1056. il the Mazdoors are to be so promoted, on what qualifying terms

(2) Whether the Madras Dock Woikers (Regulation of Employment) Scheme, iV>56 should be amended to remove the existing anomalies in regard to promotion to the category of Tindals in casual vacancies and on ,1 regular basis and it' so, whether the same conditions must be prescribed lor both types of promo- tions or any distinction should be drawn between the two-

2 The Madras Harbour Workers' Union has filed a claim statement. According to the claim statement, this dispute is mainly concerned with stevedort workers employed by the respOhdent—management. These workers are governed by the Madras Dock Woikers

(Reguhilion of Fmploymcnt) Scheme, ISb'fi. The various culogoric-i of .stevedore workeis are, Tindals, Winchmen, Signr.lmen and Mazdoois. These categoric;, or workers are regis tercd workers under the'Madras, Dock Workers Scheme and their names ar- entered under their respective categories in a iegiitei called "Rescrv.? Pool Register." The stevedore working is done by workers organised in gang's, each consisting of one Tindal and 9 Mazdoors. Each category is a separate one. A Mazdoor is appointed to the post of a Winchman oi Signalman only after he undji-gixs a training 66, -I special category called 'Signalmen" was created. Under the scheme it is not ia:ntioneJ that Winchman is the next lowei catc^orj to that of Tiruhl.

3. The respondent management i, no [he WiuctMkMi to the post ol Tindal in a regular vacancy and the senior most M,;zdooi in the shift to the pout of a Tindal m a casual vacancy. Reserve Pool Mazdoors have got .i heller cliim Ih.m ihe Winehmen for being promoted as fiuduls. In Bombay and Calcuti.i, only the senior Mazdoors are promoted in the casual as well as regular vacancies of Tindals. According to the claim statement, regular promotion to the category of Tindals should be thrown open to Mazdoors, who have been acting in casual vacancies for long periods and the promotion of M.Woors and Winchmen should be on a rotation ba.si-..

4. Madras Port & Dock Workers' Congress has filed a separate claim statement con- tending that this Tribunal has no jurisdiction in ?m:nd the sututwy scheme made under Section 4(1) of he Dock Workers (Regulation and Employment) Act, 1948. The scheme can be amended omy by the authorities mentioned in Sec 4 of the 1948 Act.

5. The post of Tindal carries higher emoluments than the post of Winchmen. l i t: post of Winchmen carries higher emoluments than the post of Si^nalrain tmd mazdjors. Casual vacancies in the poM of Tindal are filled up under Clause 30 of the scheme by allowing the senior most mazdoors to work as Tindal .'.\ the Winchmen are not to br; disturbed for such casual vacancies. Reserve pool ma/Joars have '-ot pot any better claim for promotion us Tindals than the Winchmen. The issue regarding the promotion as Tindals was already raised befoic the High Comt of Madias in Writ Petition No. 1321 of 1966 and the High Court has upheld the action of the Duck Labour Board in pronnting the Winchmen as Tindals since the Dock Labour Board hiu been consis"crtly ti eating the category cf Winchmen as higher than the category of SteveJo tf \f i7dooi-.

6. The Madras Port & Dock- Workers Progressive Union filed i .^parale claim state ment. According to that claim statement, there is no justification lur promoting the Winchmen as Tindals. The Board had allowed the Mazdoor, to net as Tindals for about 7 to 8 years and not yet confirmed them to their acting post. As per clause 19 of the scheme, the next lower category of the workers should be given preferrence when con- sidering for promotion. The Winchmen are not considered as part of them.

7. The Madras Dock Labour Board filed a counter statement According to thr counter statement, (he Madras Dock Workers (Regulation of Employment) Scheme, 1956 is a statutory scheme framed under Section 4( U of the Dock Workjr.i (Regulation of Employment) Act, 1948 The statute provides the mod'' and iriainer fot amending the scheme. The scheme being a statutory scheme, could not form subject-matter of reference to this Tribunal. The scheme does not require to be amended. In W. P. 1321/66 the High Court negatived the contention that tho post of Tindal should be filled by rotation from the catefiories of mazdoors and Winchmen

8. In practice, mazdoors aie treated to be in lower category than the Winchmen. The posts of 'I indals, Winchmen and Singaiman Are not separate i¹ men -are not entitled to anv relief

9. The issues that nine for corsidcrafkin are those referred to this Tribunal for ad- judication, ind are set out in the schedule 10 the reference. They :P ; v-, follow-

(11 Whether rejuiLir promotion to the category of Tindi1s .should be hmitod to Winchmen as at present or thrown open also to Mazdoors who have been acting in casual vacaijcies over long periods as per Clause 30 of the Madras Dock Workers (Regulation of Employment) Scheme, 1956, if the Mazdoors are to bc so promoted, on what nuaiifyina terms.

_U"JI i - < . * £. I i£ I. 1*..1"A: „ JV~M, . ". 9, 1968/KARliKA 18, 1890 4965.

10. Issue 1.—The dispute is between the workmen represented by different unions. One of the Unions namely, Madras Port & Dock Workers' Congress, is in favour of the present practice of the management in the mattei of promotion of workers to the category ol Tindals. The other Unions arc not in favour of the present practice. According to them, the regular promotion to the category of Tindals should be thiu*n open ,ds > *. Mazdoors, who have been acting in casual vacancies over a long period as per clause 30 of the Madras Dock Workers (Regulation of Employment) Scheme, 1956. As the employees' demands are not conceded with regard to the promotion to the category of Tindals, the dispute has been refcired to this Tribunal for adjudication.

11. According to the Dock Labour Board, the present scheme needs no modification in regard to promotions. The post of Winchman is a skilled one and carries higher emolu- ments than the post of reserve pool mazdoor. The Bo.;rd is treating the post of Reserve Mazdoor as lower post to the post of Winchman for the purposes of promotion to the post of Tindal for the last so many years. Only in the year 1957 few posts of Tindals were rilled by promoting m.izdoors as there was shortage of Winehinen, The 1 ormal practice was and is to promote Wmchmen as a Tindal and not restive Mazdoor. The posts of Tindal, Winchmen and Signalman are not separate or independent categories, as alleged by some of the Unions.

Vl'J

11. Tindals, Winchrnen, Signalmen .md Mazdoors aj c workmen registered under the Dock Workers (Regulation of Employment) Scheme. Clause 16 empowers the Board to arrange for the cLivsification of workers by categories in the legisUrs The Dock Workers registered under the scheme are classified into (a) Foreman (Serang), (b) Tindal, (cj Winchman (d) Stevei'ou¹ M'zdoor anil (c I "I ally Clerk The contention oi (he Board is the reserve pool m.ucfuor h.ts no iTdtKMti,;! cUim for tliL purposes of promotion to the post of Tindals. Section 19 oi the Dock Workers (Regulation of Kinplovment) Scheme provides that ,1 vacancy, other than a casual vacancy, in any category of workers in a reserve pool register shall 01 tlmarily be filled by promotion of a worker from the next lower category.

49©O 1 . w U A / * l l £(L, ,1NULA. JNO ^ . . . B L- ?, L /KAKilKAlS, 1 J [L km H

there was shortage of Winchmen and as well as Winchmcn to be promoted as Tindal, the claims of Stevedore Mazdoors have also been examined and Stevedore Mazdoors as well as Winchmcn to be promoted as Tindal. Subsequently, it waj found that on 15th October, 1957 the Dock Labour Board promoted Stevedore Mazdoors as Winchmen Under Clause 16, the Board is entitled to arrange loi the clarification of workers by i Jegory of Stevedore Mazdoor 1 am unable to sec any waul ol bnnu fide or illegality in ttv order or the Boaid."

15. I he Uoaid was entitled to lill up a casual vacancy of the po.-.t of I indal jiom a reseive pool Ma/door when then; were no Winchmen available for promotion. The Hoird was aho ji'slili'-tl in ticating the post of a Winjhmun and Stevedore a* posta higher to the post of a fri.udooi. As in practice, ma/doofs .ii " treated as lower calejioiy thau Wiiithmun, the action ot the Boaid in the matter of promotion to the category of Tindtl from Wmch- inan is legal and my finding nn the fiist peit of issue is tint the reyular piomotion to the citLgoi v o! 1 irkkJs shall bo limited V Winchmen as ,it present and the pracULe does not ivqune Any mollification "I hi second part of ihe issue docs not anse.

lft, h\uc 2. The Madras Doct Woikors (Regulation ot fmployment") Scheme, 1456 doe.s not rt'ijuii' to l~e I'jnendiid. I In. f tf'tnt scheme is a st itutorv .scheme under Section 4(1) of til' ^.ulrri.1 Dock Workers (UeffiiljLion of buij)Ui>ment) Schemt, 1956. rl lit scheme may he amended only by ih. aulho'i'ies mLniioned in Section 4 of the Scheme The majomy Union, namely, the Madias Dock Workers' Congress is in favoui of iho pie- scnt- scheme and does not want any modification or amenduiet of Section 30 ol the scheme Seel inn 30 requires that c.sunl vacancies in th: cutcgoiy o( Tind.J should be Ulled up bv the senioi most Stevedore Mazdoor This clause is applicable only to the illhnc up ol casual vacancies. Permanent vacancies should be filled up according to clause 19, by pioniolion of a worker from the next lower category. In my view the scheme does no' require to be amended or modified in regard to promotion to the category of Tindals in casi'dl vacancies ,uul on a legulai basis This issue is answered accordingly.

17 An Jwaid is passed in teims ol my above findings on thi- issues Parties aie ilne;tct!

to bear their own costs. T ist ol Wit'v^es Extmined- For both sidf

NIL

List of Doeujnenls Marked for both sids-

Nil

(-jd ) M I ; \'.r r • H u s s ar

Indiio'.ual Tnbmiiil

\Hc. ;y/J2/6'j 1R III 1

S.O. 3923.--In pursj.mce of section 17 of the fnitintria! Disputes Act, 1947 (14 o[ 1<)47), the Central Government herebv publishes the lolloping -aw^rd of the Indusn lai Tribunal, Bombay, in the industrial dispute between the emp!o\ers in lelation to the Malabar Group ol Shipping ("ornpani^s and their workmen, which V>JS iecei\ed by the Cenli.il Government on the Hth October, 1968

BFl'ORE THh (IZNTR^I CiONERNMl-Nl" 1NDUSTRIAI TRIBUNAL, BOMBAY

!lirUK'\c: No CGIT-32 or 1966

PVRI its-

Employers in iciuLon to ih; Malabar Cnoup of Shipping Coiiipa.iies comr.i ismg

(1) Malabo Steamship Company Ltd. Cochin (2) Messrs "sew Dholeiu Steamship limited. Cochin. (?) The National Steamship Company l.tj . Cochin 2 (4) Mesiis New Dho'eia Shippino and Trading C'ompanj, Limited, Coct in

AND

their workmen

Shn A T Zambre, Hirtitliii* Officei

APPFAH*N( I s-

For lhe tripli/ven—Shri K V. R Shenoi. Advixale For the workmen—fihri T. C N. Menon, Ailvocalc

.SrArr : Kerala.

INDUSTRY (Joiti and Docks.

Rombuy, tin- 30//i St'/>ninliLr 196R

AWARD

The Government of India in the Minisliy of labour and Employment have by then Order No. 28(86)/65-l lUV dated 27th June 1966 referred to this Tribunal the industrial dispute cxistine between the employers m relatiou to the Malabar Group of. Shipping Cuiip-iiiiis compiling ( lj Malabar Steamship Company Limited, Cochin, (2) Messrs. New Dholeia Steamships I muted, Cochin, (?) The National Steamship Company Ltd., Cochin-2, (4) Messrs. New Dholera Shipping and Trading Company Limited, Cochln-2 .and their woikmen in respect of the mattcis specified in the follo^viiic; schedule.

SLIILUULE

"Whether the demand of the woikmen ror the revision of the existing leave facilities is justified'' If :>o. to what extent and from what dale ?"

2 The woikmen employees of the Malabar Group of Steamship Companies "ie mem- bers of the Cochin Commercial Employees' Association which had made various demands ito the managements rcgaiding classification, salary scales, dearness allowance, leave etc., and as the matter could not be settled Government had by their Order No. 28(86)/65- LRIV dated 14th April, 1¹H>6 icfcned foi adjudication the issues legarding classification, iiilary scales etc., and subsequently by the above order dated 27th June, I960 referred the question of leave facilities to this I ribunal foi adjudication.

i. The Cochin Commercial Employees Association by its written statement has con- 'tended that the existing facilities ol 12 days pnvi'eue leave, 12 days casual leave and J2 days sifk leave per year were inadequate to meet the genuine and bona fide i equiroments • of employees. Similai comparable concerns in the legion gave far more better leave facilities Thcie WAS no revision of the leave facilities granted to the employees and the •existing leave facilities icquircd revision.

4, The management by its written statement in reply has opposed these demands and has contendtJ that besides the existing leave facilities the workmen were jcttini; 13 National and festival holidays including Founder's Day. The existing leave facilities were fair and adequate and it was not in the interest of production and rmtional interest to enlarge the existinu leave facilnu's I he management has further contended that it has no capacity to meet the I'n.incial cnmmilmenls consequent on enhanced leave facilities.

5 After the wiilien statemcnis the inference was pi.iced foi hcai ing on many occasions. Finullv when it was fixed fo. hoaiinn at Einakulam on l')th Scplembi'i, I4(i3 parties mfoniifd iTit- that they h,id neRuli ucj the malU-r ;ni'l arrived aL an amic ible settlement. A menioiandum of settlement has been Hied which has been signed by the L,)rcscntatives of the paities and their Advocates It is clcai horn the tcims ol settlement th.U the management has agreed to grant to the woikmen 20 dfivs' privilege leave t'oi Lvcry com- pleted year of service with an accumulation of 60 diiys. There are I'WO olhci term-, which have been accepted by both the parties In mv opinion the terms of settlement are fair and icasonable and 1 think it propei to accept the >• i7ne and pass ,m iwnd in terms of the m;muiandum of settlement anncxuie '/\' v\ha-h .hall form p ii of fhis aw.nd Kcncc m> awaid acordingly.

No order as to costs.

(Sd ) \ 'I 7\M1IKC,

Piesiding Officer,

Central Government Industrie 'Fiibunal, Bombay.

A N N U UJ , \'

BEFORE IH: CHNTRAT GOVF.RNNfENT INDtJSTRTAI I'RIBUV \! . BOMBAY.

RBCI HI NCE No CGIT32 or IQfid ( C I N I U U)

MEMORANDUM OF SETILEMENT SUBMITTED BY I HE PAKItbS

The paities have settled fully and finally the issues lefeired roi adjudication in the above dispute-as follows. It is, therefore, humbly prayed that the, Hon'bJc Tribunal may 'be pleased to accept the terms of the settlement and pass an awaid hi terms thereof.

1. Revision of existing leave facilities.

(a) Casual leave~-\2 days in a calendar year subject to the following conditions:

(I) Staff will be entitled to 12 days casual leave in a year to cover casual absence

from duty.

(ii) Casual leave may be availed of in continuous period not exceeding three days at a time.

(iii) A Sunday or a holiday falling within or continuously with the period for which casual leave is taken will be counted as oart of the casual leave taken, and the aggregate period of absence from duty hence should not exceed three working days at a time.

(iv) Casual leave will not be accumulated and any part of it remaining unenjoyed at the end of the year will lapse.

(b) Sick leave—12 days in a calendar year subject to the following conditions:

(i) Staff will be entitled to 12 days sick leave in a year to cover absence from, duty on account of sickness.

(ii) Sick leave may be availed of in continuous period not excecdine three days at a time.

(iii) A Sunday or a holiday falling within or continuously with the period for whjch sick leave is taken will be counted as part of the sick leave taken, and the aggregate period of absence from duty hence should not exceed three working days at a time.

(iv) Sick leave will not be accumulated and any part of it remaining unenjoyed at the end of the year will lapse.

(c) Annual or privilege leave—20 days for every one year of service with accumu- lation up to sixty days subject to the following conditions:

(i) Staff will be entitled to 20 days privilege leave for every completed year of service.

(H) Privilege leave must be enjoyed and shall not be encashed; but in special circumstances in case of Lower Grade Staff members one-half can be encashed and the other one-half, shall he enjoycil (while going on privilege leave).

(ii) Privilege leave may be accumulated up to a maximum period of 60 days. All accumulated leave in excess of this will be considered as having lapsed and will be forfeited except when such excess accumulation was involun- tary on the part of the staff and was caused by the written refusal of the leave by the Management.

(iii) For the purposes of calculating the privilege leave due to staff, hit, probationary period of service, if any, will be taken into account.

(iv) When the member of the staff avails himself of privilege leave, he cannot attach thereto any casual leave due to him.

(v; A Sunday or holiday falling at the beginning of privilege leave period shall not be counted as part of the leave. In all other cases, i.e., when a Sunday or holiday falls between the first and the last days of privilege leave period it/they shall be counted as part of the leave taken.

(vij An employee shall be eligible to encash the whole of privilege leave due to him and also proportionate leave accruing up to the happening of Ihe contigencies below mentioned, subject to a maximum of forty days under any of the following circumstances:—

(a) Death while in company's employment, (b) Retirement on attaining age of retirement or after completion of THIRTY"

YE \RS' continuous service;

(c) Resignation on account of ill-health through no fault of the employee: (d) Retrenchment.

NOTE.—A member of the Staff who is due to retire, or wishes to retire on com- pletion of 30 years' service, may, at his option, either encash the leave remaining unenjoyed or may enjoy it even after retirement.

(d) Special Sick Leave—

(i) Stuff will be entitled to the grant of Special SicK Leave only when thev d<* not have any leave to their credit, and at the rate shown hereunder

subject to a maximum of FOUR MONTHS durina the whole service tenure:

For the First completed 10 years 30 days.

From li years to 20 years From 21 years to 30 years

70 days. ^{1 2}° d a v s-

(11) The right to special sick leave will be deemed to have accrued to an employee after the completion of five years' service in the company. For less than five years' service in the company, special sick leave will not be granted.

(iii) All applications for Special Sick Leave must be accompanied by a Reg'stered Medical Practioner's Certificate, in original, if the employee is in Hospital, the Hospital certificate in original, giving the nature of the illness on account of which the Special Sick Leave is being applied for. The com- pany will have the right to have the applicant examined by its own medical officer or a Doctor nominated by it whenever considered necessary,

(ivl Salary for the period of Special Sick Leave will become payable only after such leave is sanctioned.

(\) Special Sick Leave shall be utilised only for illness for not less than 21 days duration,

(vi) Special Sick Leave will not be allowed for change of climate. fviil In the event of retrenchment, death or retirement special sick leave cannot be encashed.

(e) Holidays.Sixteen days in a year to be notified by the Management including lio National & Festival Holidays.

2. Period of Settlement.—This settlement shall come into force at once and shall re*iain in force till 31st March, 1970 and shall continue thereafter unless terminate by either side by two months notice in writing. Dated this the 29th day of April 1968.

For the Management:

Sd./-

Manager, Sd./- K. V, R. SHENOT, Menon & Pai. The Malabar Steamship Co. Ltd. and its three Sister Companies. Advocates for the Management

For the Workmen:

SdlA

General Secretary, Sa./- T. C. N, MENON, Advocate for the Union. The Cochin Commercial Employees' Association.

[No. 28/86/65/LHUV.l New Delhi, the 24th October 1968

S.O. 3924..—In pursuance of Section 17 of the Industrial Disputes Act, 1947

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY.

REFERENCP. No. CGIT-51 OF 1965

PARTIES:

Employers in relation to the Bombay Port Trust, Bombay.

AND their workmen.

PRESENT:

Shri A. T. Zambre, Presiding Officer.

APPEARANCES:

, _ For the employers.—Shrt R. K. Shetty, Deputy Legal Adviser, Bombay Port Trust. For the workmen.—Shri G. H. Kale, President, Bombay Port Trust-Railwaymen's Union.

Shri S K. Shetye, General Secretary, Bombay Port Trust Employees' Union.

-STATE:—Maharashtra.

INDUSTRY:—Ports and Docks.

Bombay dated 25th September, 1968

AWARD

I he Government of Indiu in tho Ministry of Labour and Employment havtt by their Order No. 28/70/63-LRIV, dated 10th AURUSI, 1965 referred to this Tribunal an industrial di*pute between the employers in relation to the Bombay Port Trust, Bombay and Their workmen in respect of tho matter specified the following schedule:—

SCHEDULE

(1) Whether the action of the management in treating Sbri Malayya KaUiwyyu, Nawgani Wagon Repair Shop, Engineering Department, Bombay Port Truii, Bombay, senior to Shri Babulal Nohar, Holderman of the same Department for the purposes of officiatinfi or promotion to the insolated post ot Fitter (Sick Siding) is justified?

(2) It not to what relief is Shri Babulal Nohar entitled?

2. The Bombay Port Trust Railwaymen's Union has by its statements of claim contended that the workman Shri Babulul,Nohar "as first employed by the Bombay Port Trust as a mazdoor. He was senior to Shri Malayya who was also employed as rr>a?.door in the sick si'ding section. Shri Babulal was substantively promoted to the post of holderman on 1st July, 1957. Even prior to- this promotion ho used to be given acting chances in leave arrangements in higher capacities such as Boiler Maker, Rivetter, Assistant Fitter and Assistant Blacksmith etc., and during the whole period he has been considered as senior to Shri Malayya. However, in spite of this position about seniority the Bombay Port Trust promoted Shri Malayya as fitter for the first time from 12th June 1961 on some flimsy Rrounds. Shri Malayya has not even passed any test which was introduced for promotions and was not eligible. Shri Babulal Nohar has been senior to Malayya on the basis of his carliei appointment as a ma^door. Promotions to the posts boiler maker, rivetter, assistant fitter, fitter and blacksmith used to be Riven to the senior mazdoors an

3. The Trustees of the Port of Bombay have by their written statement contended that the dispute in this case being about a claim for the promotion of Shri Babulal Nohar in preference to Shri Malayya Ratnayya this Tribunal has no jurisdiction to adjudicate the domand. They have admitted that Shri Babulal Nohar was appointed as a mazdoor about two years earlier than Malayya Ratnayya but have contended that Shri Babulal Nohar was appointed as a mazdoor in the yard section while Shil Malayya was from the beginnniat; working as a mazdoor in the sick siding section—there being two separate sections knowp as the Yard and Sick Siding Section in the Wagon Repair Shop. They have admitted that Babulal Nohar was senior to Malayya Ratnavva but have contended that this seniority had no relevance in respect of the appointment for the post of fitter. The post of fitter in the sick siding section was not in the established channel of promotion for majdoqix but it was an isolated post onen to any nerion aualifled subject to the standinR ruf"' bf seniority-cum-suitability and according to the practice and the rules of the Bombay Port Tnwt seniority was to be reckoned with reference to the date of first appointment to the partfcurav category to which permanent appointments arc under consideration,

4. They have alleged that the relative seniority between Babulal Nohar and Matafya Ratnavya depended on who of them had first acted in the said post. According to them Malayya Ratnayva having acted prior to Babulal Nohar acciuired seniority over the latter tot promotion to the post of fitter. He was promotpd to the r>r>"t of A^ntant Fitter In J 946—thereafter a1 a boiler maker from 1st Mav. 1946 to 11th Juiv. 1 'SEC 3(ii)l THF GAZETTE OF INDIA: NOVEMBER 9, J968/KART1KA 18, 1890 4971

promotion to the higher post did not arise as he had already acted as a fitter prior to the passing of the said T.R. and had qualified for promotion to that post. They have alleged that the same rule was made applicable to Babual Nohar since he too was not subjected to any departmental test according to the practice as well as the rules in force on the date on which the promotion was made. Shri Malayya Ratnayya was senioi to Babulal Nohar and there was no question of supersession and Babulal Nohar was nof entitled to any reliel.

n Jh ^ P" /hx T IT TaS fi^"' f⁰'" h e j n n fi S h ri S- K' S h e l^- G e n c r al Secretary of the Bombay Port Trust Employees Union requested the Tiibunal to add his union as a party to the Proceeding" contending that Shri Malayya Ralnayya was a member of the union fh, ^ , Permitted to put forth his say in the reference. He was permitted and Hie matter was again fixed for hearing on 14th August, 1968.

6. But in the meantime the employers, (he Bombay Port 'I rust, gave an application for amendment of the written statement contending that the dispute leferred lo his Tribunal by the reference order was only an individual dispute and not an industrial dispute. It was alleged that the members of the B.P.T. Railwayman's Union had not supported the cause of the workman Shri Babulal Nohar. Neither the managing committee nor the general body had given a mandate to Shri Kale to raise the dispute on behalf of Shri Babulal Nohar and as it was an individual dispute the Tribunal had no jurisdiction and the same should be rejected After healing the parlies the amendment was allowed.

7. The same day the employers had given an application requesting the Tribunal to direct the B.P.T. Railwayman's Union to produce (1) a certified copy of the constitution of the B.I¹'I. Railwayman's Union (2) Membership register of the Union for a period of one year pnor to I Oth August,-1965 (3) A list of memhersof the manag'ng committee of the union for a period of one year prior to 10th August, 1965 (4) Counterfoils of receipts (5) Minutes book maintained by the union regarding its proceedings for a period of one year prior to 10th August, 1965 and (6) a certified copy of the resolution passed either by the members of the Managing Committee or at the general body meeting of the union authorising the general secretary of the union to raise the industrial dispute,

8. As 'per this application the union was directed to produce the documents in Court. However, Shri Kale the President of the B.P.T. Railwaymen's union sent an application for postponement of the hearing of the dispute on the ground of his illness. So again the dispute was adjourned and fixed for hearing on the 13th September 1968, But before the hearing the Tribunal received a letter from the B.P.T. Railwaymen's Union that they did not want to pursue the above dispute as the workman concerned had ceased to be a member of their union an'd in view of the withdrawal of the union also the employers have contended that the dispute is proved to be an individual dispute and the reference should be rejected with costs.

9. The learned Counsel on behalf of the Bombay Port Trust has relied upon the ruling reported in 1961 II LI J 436 Bombay Union of Journalists and others versus the Hindu Bombay and another and has argued that in view of the application by the emplovers for the production of documents and the non-production by the Union it should be held that the union had no mandate from the members of the union and the dispute being an individual dispute the reference should be rejected.

10 ft is clear from the order of reference and the copy of the failure report of conci-

that Shri Babulal Nohar was not senior to Shri Malayya Ratnayya in relation to that post.

11. The workman Shri Babulal Nohar on whose behalf the dispute was raised was present at the time of the hearing. He has made it clear before the Tribunal that he has absolutely no dispute regarding the promotion of Shri Malayya Ratnavya. He was at present holdings the management post of a boiler maker in the same scale and he did not want to make any demand. Tn view of these circumstances it shall have to be held that the action of the managemnt in treating Shri Malayya Ratnayya as senior to Shri Babulal Nohar for the purpose of officiating or promotion was justified and Shri Babulal Nohar is not entitled to any relief. Hence my award accordingly.

No. order as to costs.

(Sd.) A. T. ZAMBRE,

Presiding Officer,

Central Government Industrial Tribunal, Bombay.

fNo. 28/70/63/-LR-IV.T

S.O. 3925.—In exorcise of section 17 of the Industrial Disputes Act, 1947 (U of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta, in the industrial dispute h

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CALCUTTA

REFERENCE N(L 94 OF 1967

PARIU'.S:

Employers in relation Messrs. Santosh Chandra Hanerjce and Sons (Private) l.imitcrf Calcutta,

AND

Their workmen.

PRESENT:

Shri B. N, Banerjee, Presiding Officer

APPEARANCES :

On behalf of Employer':—Absent. On behalf of Workmen—Shri H. L. Roy.

STATE : West Bengal.

INDUSTRY : Port & Dorlt

AWARD

By Order No. 28/85/67/LRIII, dated November 23, 1967, the Government of India.- in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), referred the following dispute, between the employers in relation to Messrs. Santosh Chandra Banerjce and Sons (Private) Limited, and their workmen, to thLs tribunal for adjudication, namely:^

"Whether the action of the management of Messrs. Santosh Chandra Buncrlee & Sons (Private) Limited, Calcutta in terminating the services of Shri Sitararrr Singh, Gearman with effect froin the I Oth November, 1965 was justified ? Whether the action of the management of Messrs, Santosh Chandra Baneriee and Sons (Private) Limited, Calcutta in keeping Shri Sitaram Singh, Gearman under suspension from the 21st luly. 1966 to the 7th December, !96fi aftftr re-employment from the 7th April, 1966 was justified? If not, to what relief -is the workman is entitled to either case ?"

2. The employer company did not appear in this reference, in spite of repeated notices. Notice upon the employer company to file written statement was served as far back as December 18, 1967. They did not enter appearance nor d!d they file any statement. Thereafter, in spite of notice they did not appear on August 6, 1968, which was the dale- for fixing a date of hearing of the reference- The date of hearing was communicated tiv the employer company but even then they did not appear on September 23, 1968, which was flxel hearing. In these circumstances. I had to take up the reference for ex-oarte hearing

3. The workman, Shri Sitaram Singh, gave evidence in this case. He said that while in the employ of the company, he buffered physical injury, on July 20, 1965, in his left leg. He further said that he was treated by the Medical Officer of the company at first and then got himself treated privately at the expense of the employer company. He relied on documents marked F.xts. 1 and 2 in support of his case that he was ill and was unable to do his duty. He also said that he recovered and went to resume his duty on Novcmbei 10, 1965. On thar day, he wai served with the following notice bv the employer eomoanv ,(Ext. 3 ):

"This is to inform you that whereas you left the place of duty without notice ana remained untrained upfo 2nd October, 1965, your services will no longer be required by this company with immediate effect."

To this letter the workman submitted a rejoinder (Ext. 4), on November 15/16, ]%i,

"That, you arc aware of the fact that I got injury on my left foot on 20th July, 1965. In this respect X-Ray was done and facture was found. The physician plastered LPV injury and advised me to take 4 weeks' rest on 27th July, 1965. That, plaster was removed on 3rd September, 1965, again X-Ray was done find the physician plastered the injury again on 8th September, 1965 and advised me to take rest for two months.

That, the second plaster was removed on 9th November, 1965 and the ph-'sician advised me for X-Ray for check up.

That, in view of the above facts it is clear that the question of leaving the place of duty without notice and remaining untraced since 2nd October, 1965 does not arise at all,"

At this stage, he deposed, he had to go horn.: on receipt of a telegram ; bout his father's death. Before his departure for home, he left an application for a month'¹) leave with the employer company (Ext. 5). Hs admitted that he had to overstay find 'hat from home lie had to ask for extension of leave, ;;ll by registered post (Ext, 6). He returned from home, on February 5, 1966, and presented himself for duty but was kept unemployed. On April 7, 1966, however the employer company .condoned his conduct and set aside •the penal order dated November 10, 1965, with a warning couched in the following letter:

"Reference to his Application dated 15th November, 1965 Sitaram Singh is hereby informed that this is Lo have been the last occasion he is condoned, theielry cancelling the notice of termination of his services.

He if. warned to the effect th it any recurrence of negligence or lapse of duty will bring in his dismissal having no scope for further consideration. On this condition only he is directed to report to this office for duty."

Thus ended the first chapter of the misfortune of the workman.

4. The next chapter, however, was soon to begin. In his evidence the workman said: "From July 19, 1966, Sri R. K. Bancrjee, Director of the Company, ordered ma to attend the godown. At the godown I was given no duty to do. When ) complained of this to ths management, I was suspended on July 20, 1966. The suspension order was withdrawn on December 7, 1966 in the presence of my union,"

The second chapter of the misfortune of the workman appears Jo have Ihus ended.

5. In this reference, there appears little justification for the order of termination, dated November 10, 1965, and the order of keeping the workman suspended from July 21, 1966 to December 7, 1966 because the employer company withdrew both the orders of their own accord. After withdrawal, the justification, if originally any, behind the orders* were lost and in the absence of pleading and evidence to the contrary. T have to proceed on the basis that the orders were unjustified. ' All that I am required to decide- is that with the orders of termination and suspension being non-existent now, to what relief is the workman entitled in cither case. Since the order of termination of service was cancelled, according to Ext. 7, for whatever reason the same may be, the workman became entitled to back wages, since termination till re-employment. Similarly, since the suspension order was withdrawn, the workman became entitled to his wages for the period of enforced idleness. In the absence of the employer company and in the absence of any material indicating the contrary position, I cannot resist this part of the chim made by ihc workman. The question for my consideration, however, is the quantification of the wages due or •other monetary benefits. According to the evidence given by the workman:

"During November 1965 to December 7, 1966 my pay was Rs. 129 per month. During November 20, 1965 to April 7, 1966 I only received Rs. 300, . owards my wages. 1 have no documentary evidence to prove before this co rt that

my pay durins 1965 was Rs. 129 per month. In November and December 1966 and January 1967 throe instalments of bonus were paid at the rate of Rs. 73 per instalment. I did not receive such bonuses My pay during July 1966 to December 1966 was at the rale of Rs. 139 per month. During the period of suspension I did not receive anything- fn May 1967, T was paid Rs. 100."

This is the totality of evidence on which L am required to quantify the monetary benefits available to the workman.

6. In the absence of documentary ovidencc. f am unwilling lo quantify, anymore than' I do hereunder, the amount, on the oral evidence of Ihe workman. In my opinion, the workman Is entitled to his wages from 10th November, 1965 to April 6, 1966 whatever the amount may be. If he did not receive the full amount of bonus, he is also entitled to receive the bonus instalments paid during that period as well. He is also entitled to his full wages, whatever thai may be, for the period of his enforced idleness commencing from July 21, 1966 to 7th December. 1966 He docs not claim any bonus for that period

I make an award accordingly.

(Sd.) B. N. BANERJEF,

Presiding Officer.

Dated September 27. 1968.

I.No. 28/85/67-LR-IU-l.l

S.O. 3926.—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, Bombay, in the industrial dispute between the employers in relation to Messrs Dharsi Moolji, Bombay and their workmen, which was received by the Central Govern- ment on the 9th October, 1968.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY

REFERENCE NO. CGIT-39 OF 1966

PARTIES :

Employer in relation to Messrs. Dharsi Moolji, Bombay,

AND their workman.

Shri A. T. Zambre, Presiding Officer

APPEARANCES:

For the employe) s—Shri B. M. Bhatt, Labour Adviser with Shri Y. II. Rane, Manager and Shri K. S. Shah, Accountant.

For the workmen—Shri H. K. Sowani and Shri S. R Wagh. Advocates with- Shri I. S. Sawjnl. Assistant Secretary, Transport and Dock Workers' Union. STIII¹ : Maharashtra INDUSTRY : Clearing and Forwarding (Ports and Docks)..

Bombay, dated 3\xt August 1968

AWARD

The Government ol India in the Ministry of Labour and Employment have by their Order No. 28(32)/66-LRlV dated 6th July 1966 referred to this Tribunal the industrial dispute existing between the employers in relation to Messrs. Dharsi Moolji and their workman in respect of the matters specified in the following schedule :—

SCHEDULE

"Whether the teimination of service of Shri Harichandra Narayan Chavan. Carpenter with effect from tho 1st December 1965 by the management of Messrs. Dharsi Moolji is justified, If not to what relief is the workman entitled ?"

Subsequently the above schedule was amended in respect of the date and in line No. 2 for "lsf. December 1965" the words and figures "1st January 1966" were substituted.

2. The workman Shri Harichandra Narayan was in the employ of Messrs. Dharsf Mooiji Bombay and was working as a carpenter. On the 1st January 1966 after an- absence of three months when he reported for work he was not allowed' to resume work- by the management and was stopped from work without notice and' hence the Transport

and Dock Workers' Union Bombay raised a dispute and contended that Shri Harichandra Narayan who was the permanent carpenter of the company had after obtaining sanction frtom the company proceeded on leave for three months from October 1965 to December 1905 and when he reported for duty on 1st January 1966 he was not allowed to resume *ork and the company had dismissed him illegally and with ulterior motives. They have alleged that the dismissal amounted to victimisation and unfair labour practice. The company did not issue any charge-sheet against him nor held any enquiry according to the principles of natural justice. They had referred the matter to the Conciliation Officer Who discussed it with the parties from the 2nd February 1966 to 7th February 1966 and on his failure report the Government has referred the dispute for adjudication.

3. The management has by their written statement denied the allegations made by ihe union and have contended that Shri Harichandra Narayan was not attending work regularly. In the month of July 1965 he had put in only 10 days work, in the month of August he reported for woik for six days and in the month of September 1963 he worked only for nine days. He had not obtained any sanction form the company for his leave. He had neither applied for nor was he granted any leave and had ceased coming for work from October 1965 and remained absent continuously for three months and thereafter the union had by its letter dated 7th January 1966 took up the plea that leave was sanctioned. In view of his Jong abience without any muni&tion to the management he had been treated as having dtserted his employment and hence he was not entitled to any relief.

4. After the matter was taken up for hearing it was adjourned on many occasions for the parties to effect a compromise. Subsequently the union applied for an adjournment on the ground that there was a mistake regarding the date in the schedule and hence they had moved the Government to amend the schedule in the reference order. So the matter was kept pending and subsequently after the amendment when it was taken up for hearing again the parties negotiated the dispute and have prayed for a consent award.

5. By this settlement the workman has been granted a sum of Rs. 325 ex-gratla in full and final settlement of his claims for the services rendered It appears that the Workman was in the service of the employers only for some three years and considering the amount even as a retrenchment compensation it shall have to be held that the terms of the compromise are reasonable. The application containing the terms of settlement has been signed on behalf of the management by its Labour Adviser, Manager and Accountant and on behalf of the workman by his Advocate and the workman himself. The workman who was present at the hearing has admitted that the dispute has been settled. In these circumstances I think it proper to accept the terms of settlement ana 1 therefore make an award in terms of the Joint application of the parties containing tne terms of settlement (Annexure 'A') which shall form part of this award.

No order as to costs.

(Sd.) A T. /.AMIIKE,

Presiding Officer,

Central Government Industrial Tribunal, Bombay.

ANNEXURE 'A'

BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, BOMBAY REF. (CGIT) NO. 39/66

BBTWEEN:

M/s. Dharsi Moolji, Bombay

AND

its workman.

May It please the Hon'ble Tribunal,

Parties pray for a consent award in terms below :—

Shri Harichandra Narayan shall be paid a sum of Rs. 325 ex-gratia and in full and final settlement of all his claims for services rendered. The payment shall be made on or before 7th September, 1968. Dated 31st Augutl 1968

? or workmen. Sd,/- HARICHANDRA. NARAYAN CHAVAN, For employer. Sd A B M BHATT. a i/ v M HIMP

Sd./- H. K. SOWANI,

Hf- K.' S " £ £ L" Advocate for the Union.

[No. 28/32/66-LRTV.]

S.O. 3927.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Calcutta in respect of complaint under Section 33A of the said Act filed by Shri Sitaram Singh, Gearman employed by Messrs. Santosh Chandra Banorjec and Sous (Private) Limited, which was received by the Central Government on the 9th Octobec, 1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

Misc. APPLICATION NO. 2 OF 1968

(UNDER SEC. 33A OP I. D. ACT)

PARTIES:

Sri Sitaram Singh, Gcanyin, C/o Shipping Employees' Union, 38, Hemchartdra Street, Calcutta-23 Applicant.

Vs.

M/s. Santosh Chandra Banerjee and Sons (P) Limited, 7, Swallow Lane, Calcutta I. Opp. Party.

PRESENT :

Shri B. N. Banerjee Presiding Officer.

APPEARANCES :

On behalf of Applicant—Shri H. L. Roy- On behalf of Opp. parry—Absent.

AWARD

The applicant used to serve the opposite party, a company doing stevedoring business, as a Gearman. His services had been terminated earlier, on November 10, 1965. That order the employer company themselves withdrew or cancelled later on. Thereafter, he was suspended and kept under suspension from July 21, 1966 to December 7, 1966. The suspension order was ultimately set aside by the employer Company and the applicant was re-employed only to be discharged with effect from February 1, 1968.

2. Over the first termination of service and the suspension order mentioned above, there was an industrial dispute raised and the dispute, in the following form, was referred to this tribunal for adjudication, by Order No. 28/85/67/LRIII dated November 23, 1967 :

"Whether the action of the management of Messrs. Santosh Chandra Banerjee and Sons (Private) Limited, Calcutta in terminating the • services of Shri •Sitaram Singh, Gearman with effect from the 10th November, 1965 was justified? Whether the action of the management of Messrs. Santosh Chandra Banerjee and Sons (Private) Limited, Calcutta, in keeping Shri Sitaram Singh, Gearman under suspension from the 21st July, 1966 to the 7th December, 1966 after re-employment from the 7th April, 1966 was justified ? If not, to what relief is the workman entitled to in either case 7"

The above reference was registered as Reference No. 94 of 1967. While the ab"vo reference was pending (which was also pending at the time of hearing of this application), there was the order of the discharge of the applicant made, by a letter dated December 29, 1967 (Ext. 1), the material portion of which reads:

"Please take notice that as and from 1st February, 1968 your service is no-longer required with us. You are requested to receive payment of your salary for the month of January, 1968 as early as possible. Please take notice as well that all the service Rules will be observed in your case."

Against the order of discharge, the applicant made representation m writing, on January 8, 1968, but to no effect. Unable to induce the employer Company to withdraw the order, the applicant filed a petition before this tribunal, under Section 33A of the Indus- trial Disputes Act, praying for rcscision of the order, inter alia, on the ground:

"That the dispute relationg to Ref. No. 94/67 was in relation to frequent dismissal, suspension, and termination of employment and denial of dues viz., pay D.A., Bonus, Interim relief and other benefits as to provident fund and gratuity and other.

That before the case was taken up and without any orders or reference for approval of this Tribunal the employers have acted in excess and taken law in their

own hands which is highly illegal and inoperative. The representation of your humble petitioner to the opposite party was not taken in the consideration (Annexure B)."

3. The employer company did not appear to show cause in spite of notices. Notice was¹ sent to employer company, on March 28, 1968, calling upon them to show cauws •within two weeks of the receipt of the notice. They received the notice, on April 2, 1968, but did not show cause. Notkc was again sent to them asking them to appear' before 1hi" tribunal, on August 20, 1968, or fixation of a date of hearing of the application. They did not appear, although the union of the applicant did so, on the 20th August, 1968. Information of the date fixed for hearing, namely September 5, 1968, was sent 1o the employer company. On September 5, 1968, the case could not be heard, because th" representative of the applicant was unprepared and in a bad shape and the employer company was also absent. The matter was, therefore, adjourned to September 23, 1968. The information of the adjournment was sent to the employer company by Registered post. Even on the adjourned date of hearing, the employer company did not appear. In these circumstances, on September 23, 1968, I was compelled to proceed with the case in the absence of the employer company.

4. It is no doubt true that the letter of termination of service of the applicant is couched in neutral language. It states that the services of the applicant would be no longer required from February 1, 1968. Taken by itself, it is virtually termination of service without blame-worthiness, and not discharge or dismissal by way of punishment.

5. It is also true that the applicant was directly and solely concerned in the indus- trial dispute which was the subject matter of Reference No. 94 of 1967. Earlier "termination of service and earlier suspension from service of the very same workman was the subject matter of the industrial dispute pending in the Reference. The sub- sequent order of termination of service will have the effect of taking a good deal of sting out of the industrial dispute. Now, the circumstances of the case arc such that If the applicant be dealt or has been dealt with by the employer company under Section 3 3 (2Kb) of the Industrial Disputes Act, then the order could not be made without the approval of the tribunal. Mere termination of service, not falling under Section 33(2)(b), may not require approval but beyond mere words that services of the workman •was being terminated, there is nothing to show that mere termination of service was being' effected. In the instant case, the employer company avoided the tribunal and has not shown the reason for termination of service. There was no retrenchment going on and, on the materials before me, I could not ascertain any justification for termination of service. On the other hand, the workman gave evidence and deposed :

"The Secretary of the Company Nishapati Bhattacherjee became displeased with me because I did not want to serve him in his private affairs, without the written order from the employer. The present order of dismissal was made therefor during the pendency of an industrial dispute before this Tribunal. He possibly got annoyed with me also because I had been making prayers for my dues."

This evidence goes to show malafide intent behind the order of termination. If I believe In the workman, the order of termination must be condemned as a penal order of dis- charge without approval. The evidence is uncontradicted and I rely on the same.

6. In my opinion, the termination of service of the applicant was unjustified in the facts and circumstances of the case and he is entitled to reinstatement in service with •all back wages due to him from the date of termination.

I make an award accordingly.

(Sd.) B. N. BANERJEE,

Presiding Officer.

Dated, September 27, 1968.

[No. 28/85/67-LR-III-n.]

New Delhi, the 29th October 1968

(ir) In clause (1) —

(a) for the words "Eight members", the words "Nine members", shall bo substituted;

(b) after sub-clause (viii), the following sub-clause shall be inserted, namely:

"(ix) the Chairman, Kandla Dock Labour Board.";

(iii) in clauses (2) and (3), for the words "Eight members", the words "Nine members" shall be substituted.

[No. 65/12/68-Fac. 11.]

New Delhi, the 30th October 1968

S.O. 3929.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947j, the Central Government hereby publishes the following award, of the Arbitrator in tho Industrial dispute between Messrs. D. D. Contractor and Company Private Limited, Bombay and their workmen represented by the Transport and Dock Workers' Union, Bom- bay which was rece'ved ty tho Government on 25th October. 1968.

BEFORE SHRI V. A. NAIK, ARBITRATOR, BOMBAY

In the dispute

BETWEEN

M/s. D. D. Contractor and Co., Pvt. Ltd., Bombay.

AND

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

In the mutter of interpretation of Award in Reference CGIT-41 of 1964 in respect of dearness allowance.

APPEARANCES :

Shri N. V. Phadke and Shri C. C. Chiniwala, Advocates for the company. Shri R. K. Dangle, Advocate, for the workmen.

DECISION

By an order dated 19th April 1968 the Government of India directed that the copy of tho agreement entered into between Messrs. D. D. Contractor and Co- Pvt, Ltd., Bombay and the workmen, and received by the Government on 3rd April 1968 be published, under sub-sec. (3) of Sec. 10A of the Industr'al Disputes Act. Under the said agreement the dispute between the parties has been referred to me for arbitration. Tho specific matter in dispute has been mentioned in the following terms:

"What is the correct interpretation of Para I-B of the consent Award of Shri Salim M. Merchant in Reference CGIT No. 41 of 1964, in respect of payment of dearness allowance payable on a monthly basis on the piece-rate monthly earnings of the registered workers employed by M/s. D. D. Contractor and Co., Pvt. Ltd., Bombay from 1st December 1964 as indicated in the scales of 'dearness allowance in tho Award."

The parties have further agreed that the decision of the arbitrator shall be bindinR on them. The agreement also provides that the arbitrator shall make his award within a period of 60 days or within such further time as is extended by mutual agreement between the parties in writing. On 5th August 1968 the parties entered into a further agreement which states that the time for making the award is extended up to 30th September 1968.

2. There was a reference made to Shri Salim M. Merchant under Sec. 10(2) of the Industrial Disputes Act for adjudication of the following demands:

"(1) The following rates of wages should be paid to the workmen concerned for handling manganese ore or iron-ore :

(a) For the purpose of unloading manganese-ore or iron-ore from the wagons they should be paid at the rate of Rs- 2 per ton.

(b) They should be paid Rs. 3 per ton for loading the manganese-ore or iron-ore into the wagons an'd Rs. 4 per ton for loading lorries.

(c¹ They should be paid extra wages for the purposes of carrying the ore beyond a .reasonable limit or for the purposes of trimming or stacking ores at the plots. Similarly they should be paid at 14 times their normal rates if the- ore is directly transferred from wagon to wagon or from wagon to lorry."

It is not necessary to refer (0 the other demands referred to Shri Salim M. Merchant,

3. A preliminary objection about the maintainability of the reference was raised gn behalf of the employer. Shri Merchant however rejected the preliminary objection and held that the reference was valid. Thereafter an agreement was reached between the parties and Shri Merchant was invited to make his Award in term*; of the said agree- ment. Shri Merchant stated that he was satisfied that the, terms of the settlement pro- vided the least that the employers can be called upon to pay to their workmen in respea of the demand? under reference. He therefore made an award in terms of the pgreement, Annexure 'B\ I will now refer to the main terms of the consent award as regards dcarness allowance which is as follows:

"Without prejudice to the contention of cither parties with regard to the applica- bility or otherwise of the recommendations of the Cenhal Wage Board for Port and Dock Workers and although the piece-rated payments are payable to the workmen in question on a weekly basis or a fortnightly basis, as the case may be, D.A. will be payable on a monthly basis on the piece rated monthly earnings of the registered workmen. The D. A. will be payable- with effect from 1st December 1964 as follows: —

Pi -ci rated earning) for t h' workm n Amount of D.A.

Below Rs. 109 R . no to Rv. 149 R-. 150 to Rs. 209 R-i. 210 ro Rs, 300

R-. 20 Rs. 30 Rs. 3- R,. 38

Explanation—Arrears arising out of payment of D.A, will be payable -to the registered workmen on or before 31st December 1965

As far as the present position regarding the recommendations of the Central Wage Board in respect of interim relief is concerned, the employers will not be under any obligation to pay to the workmen concerned any addi- tional remuneration on account of the said recommendations of the Centra' Wane Board for the Port and Dock Workers,

Although there is no demand for D.A. separately referred to adjudication, parties, have no objection to divide the total emoluments into two categories viz. piece-rate and D.A. as Ions as such total emoluments does not exceed the demand regarding wages as referred.

4. The parties were called upon to file their statements. MA D. D. Contractor in its statement .stated that the dearness allowance payable to the workmen of the company in terms of the said award is payable on a monthly basis depending upon the piece rate earnings of the workmen. They further stated that the correct interpretation of the award so far as dearness allowance was concerned would be tnat payment of dearness ^allowance is not only linked to the piece rate earnings of the workmen but also on his attendance during the month. They assert that not linking up the payment of dearness allowance which is payable on a monthly basis to the attendance of the workmen would lead to absurd results which could not have been intended by the parties and was cer- tainly not intended by the company.

5. Tho workmen in the first instance did not put in their written statement. The matter was argued by Shri Dangle on behalf of the workman but since the arguments could not be completed the case was adjourned to another date. On the adjourned date that is on 3rd August 1968 Shri Dangle submitted the written statement signed by Shri S. R. Kulknrni, the Secretary of the Union, In this written statement Ihc Union has raised a number of questions which fall beyond tho purview of this reference, The Union has asked for the production of certain records maintained by the employer under the previous Memorandum of Settlement relating to the attendance of the workers at the place of work for the period 1st December 1964 to September 1967. It is further stated that the nature of work required to be done by the workmen is such that on certain occasions they are required to work more than one shift in 24 hours and they are paid piece rate wages every fortnight, and even then dearness allowance is paid at the end of the month on the basis of total piece rate earnings of the workmen in a given month- These questions of fact have been raised practically after tho arguments were over. I am not concerned with the question about the prevailing practice. I do not therefore think it necessary to call for any records. Again no affidavit has been produced to show the exact nature of work or to prove the allegations that the workmen concerned are required to work more than one shift in 24 hours. S;nce the piece rate is fixed for the out-put, the question of time or the number of shifts is not of much importance. The only matter that is referred to me relates to the interpretation of the language used in, tho consent Award of Shri Salim M. Merchant in respect of payment of dearness allowance. I will now proceed to deal with the points urged in this case.

6. There was no specific demand for dearness allowance. The only demand made was in respect of piece rate wages for loading and unloading. It was demanded that for the purpose of unloading manganese-ore or iron-ore from wagons the workmen should be paid at the rate of Rs. 2 per ton, and they should be paid Rs. 3 per ton for loading the manganese-ore or iron-ore into the wagons and Rs. 4 per ton for loading lorries. The demand does not refer to the number of workmen but the agreement refers to the rate per ton per gang. I was told that although the words 'per gang' have not been used in the demand itself these words were understood between the parties and theie was no controversy on that point. The demand therefore must be understood to refer to the rate per gang per ton. In the agreement on the basis of which an Award was made the total emoluments was divided into two parts viz-, Piece rate payment and dearness allowance. The last para of the explanation reads thus:

"Although there is no demand for D.A. separately referred to adjudication, parties have no objection to divide the total emoluments into two categories viz. Piece-rate and D. A. as lonn as such total emoluments do not exceed the demand retarding wages as referred".

7. The dispute now referred is in respect of the teims employed in respect of dearness allowance. The material term runs:

. . .. D. A. will be payable on a monthly basis on the piece idled monthly earn- ings of the registered workmen."

Shri Phadke emphasised the expression dearncsa allowance will be payable on the monthly basis on the piece rated monthly earnings' and argued that the workmen must work for 26 days in a month in order to earn any dearness allowance at all. According to him the rates of dcarness allowance have been fixed on the basis that the workmen work for the whole month that is 26 days. On the other hand Shri Dangle emphasised the use of the words "Rs. 20 should be paid as dearness allowance for piece rated earnings bolow Rs. 109". According to Shri Dangle this means that howsoever meagre the earnings of the workmen, the dearness allowance is Rs. 20 so long as the earnings are below Rs. 109. Shri Phadke contended that the use of the words 'below Rs. 109' is semantically inaccu- rate. The proper words should have been "up to Rs. 109". He pointed out that even zero is below Rs. 109. He contended that it would be absured that a workman who has worked for a day and has earned a sum of Rs. 2 for instance is entitled lo an amount of Rs. 20 as dearness allowance. According to him the very concept of tfenrness allowance payment is to supplement basic wages, to oil set or neutralise the effect of the rise in prices. There is considerable substance in this argument. The interpretation sought to be put by Shri Dangle would lead to absurd results. It may happen that a workman has worked with a particular contractor for a single day and has earned a small sum of Re. 1 or Rs. 2; for the remaining days he may have worked for a number of other contractors for short periods in such a case the concerned workman will he entitled to dcarness allowance at the rate of Rs. 20 from each of the contractors, Shri Dangle argued that a worker has to report himself every morning for duty to the contractor and ask whether there is enough work for the day. There is no evidence in support of the statement nor is it open to me to take that aspect into account in this reference, but assuming for a moment that this is the practice, it will make no difference. As soon as he comes to know from one contractor that there is no work for the day he will go to another contractor and work for him. The mere fact that he has to report for work to one contractor does not mean that he has worked for that contractor for that day. If there is work with another contractor the workman is free to go and carry out that work. The workmen working with the contractor do not appear to be permanent workmen. They are a fluctuating body. Therefore they may go for work to any contractor.

8. It will be seen that the first part of the agreement states that although the piece rated payments are payable to the workmen on a weekly basis or a fortnightly basis as the case may be, the dearness allowance will be payable on i monthly basis on the piece rated monthly earnings of the registered workmen. This means that the wage periods for piece rates will continue to be either weekly or fortnightly. a3 the case may be, but for dearness allowance payment the wage-period will always be by the month. The agreement further provides in the last para that although there is no demand for dcarncss allowance separately referred to adjudication, the parties have no objection to divide the total emolu- ments into two categories piece rate and D, A. This is subject to the over-riding condition that "the total emoluments should not exceed the demand regarding wages as referred". For a true interpretation of the agreement it is necessary to look to the mtention of the parties. Even though no demand was made by the employees for dearness allowance, the employer conceded a slub system of dearness allowance linKed to the piece rates. This shows that the dearness allowance was given as an incentive so that thoie who work more, earn more by regular attendance. Since the slab system of dearness is linked to piece rates the factors which are implicit when computing the dearnesi allowance are the daily • earnings of the employees calculated on the piece rates which vsry according to the nature

ot the operations and the tonnage; and for the purpose of ascertaining the slab, the monthly earnings of the employees which in turn is the sum total of their daily earning for the number of days worked in a particular month. Thus the tonnage, the nature of thf opeiations, the piece rates, the number of days worked in a month and the total monthly earnings arc co-related in Ihe slab system of dearness, allowance prescribed under the agreement. The expression "payable on a monthly basis" could not mean as was urged by Shri Phadke that a workman must work for all working days, that is '26 days in n month. The expression "monthly basis'' has a reference to the mode of calculation and the dearncss allowance is to be calculated on the basis of the piece rate monthly earnings- ff Shri Phadke's argument is accepted it would mean that even though the workman has worked for 25 days in a month, that is one day less and earned Rs. 109 or more he would not get n single pie by way of dcarness allowance. The attendance of the workman will play an important part in calculating the dearness allowance the workman has earned. For example if he attends to his duties for 13 days in a month and earns Rs. 109 he would bo entitled to Rs, 20 as urged by Shri Dengle, he would be entitled to only a pro- portionate payment that is to say in proportion to the number of days he has worked; that means that he will get Rs. 10 as dearncss allowance. According to Shri Phadke's argument he would get nothing. That obviously would lead to not only hardship but also an anomally. Suppose again a worker has achieved 1 1/2 times or double the tonnage achieved by another during the 13 days and the piece rated monthly earnings come to Rs. 150 then he would be entitled not to Rs, 30 a* urged by Shri Dengle but he would be entitled to half of Rs. 30 because he has worked for 13 days during the month. There is another difficulty in accepting the argument of Shri Phadke and it is this. Supposing a worker is ready to work for all the 26 days in a month but the contractor is not in a position to supply him work for all the days but can give him work only for a few days. The logical corrolary of Shri Phadke's argument will be that even in that event the worker would not get any dearncss allowance. 1 his is obviously unfair. If Shri Dengle's argument is accepted namely that a worker is entitled of Rs. 20 dearness allowance whatever his earnings and whatever the number of days he has worked it would mean that he will get dearness allowance without earning ;:ny wages. That will be opposed to the fundamental concept, of dcarness aiiowncc. Shri Danglc's argument therefore cannot be accepted. We can take another illustration, a worker has worked for 25 days and on the 26th day he falls ill, according to Shri Phadke's contention he will not be entitled of any dearness allowance at all. It will thus be seen that the lines of arguments adopted by the respective counsel ate the extreme lines and lead to illogical and anomalous consequences. The only correct interpretation of Ihe terms of the award therefore is to hold that a worker is entitled to dep.rnew allowance according to the table or schedule prescribed in the consent Award in • proportion to the number of days he has worked and I interpret the award accordingly-

Sd/- V. A. NAIK,

Bombay, the 2 3 ,/ September .968.

Arbitrator. ^ p M / 2 7 / 6 g.L R n,r

ORDER New Delhi, the 30th October 1988

H.O. 3930.—Whereas the Central Government is of opinion that an industrial dispute exists between the management of M/s. Hooghly Lighterage Company, Watchman Suppliers and Ship Chandlers 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 lor adjudication;

Wow, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of Ncclion 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 work done by the watchmen of M/s, Hooghly Lighterage Company on behalf of the Shipping Corporation of India Limited at Calcutta Port could be deemed to be work concerning a major Port.

V. Whether having regard to the nature of duties performed by them, the Watchmen employed by M/s. Hooghly Lighterage Company are entitled to second interim relief as recommended by the Central Wage Board for Port and Dock Workers fit major Ports, and if so, from what date?

[No. 28/75/68-LRIII.] K. D. HAJELA, Under Secy.

(Department of Labour and Employment)

New Delhi, the 24th October 1968

S.O. 3931.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Central Government Industrial Tribunal, Calcutta, in the industrial Dispute between the employers in relation to the East Chora Colliery, Post Office Bahula, District Burdwan and their workmen, which was received by the Central Government on the 18th October, 1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

RLFERCNrF NO. 13 OF 1968

PARTIES :

Employers in relation to the East Chora Colliery.

AND

Their workmen.

PRESENT :

Shii B. N. Liancrjee . Presiding Officer

.APPEARANCES •

On behalf of Employer¹,.—Shri K. C. Nandkeolyar,

Dy. Chief Personnel Officer.

On behalf of Workeis.—Shri Robin Chatterjee, Vice-President,

Colliery Mazdoor Sabha.

STATE: WEST BI.NOAL.

INDUSTRY: Coal Mines.

AWARD

By Order No. 6/94/67-LRH, dated March 2, 1968, the Government of India, in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Hmpioymeui), referred the following dispute between the employers in lclation to ihc Eu.st

Unacceptable to the workman concerned and the reason why it was so was stated in paragraph 6 of the written statement, which I set out below:

'The nature of work of Trammer as well as the scale of pay of Trammer being different from that of the work of Banksman On-setter, Shri Mabato regretted his inability to accept the terms."

4. Mr. Robin Chatterjee, who appeared for the union, raised a threefold contention for my consideration. He contended, in the first place, that on the pretext of change of designation or work, the workman concerned was really reduced in rank. He contended, in the next place, that the pay and emoluments of a trammer was less than the pay and emoluments of an On-sotter and by reason of the order the workman concerned was suffering financial loss. He argued lastly that the procedure adopted in effecting the change was illegal and the workman was being really victimised by the employer company.

5. Mr. K. C. Nandkeolyar, who appeared on behalf of the employer company, made two broad concessions in favour of the workman. The first concession made by him was that the workman concerned will be treated as time rated trammer and be placed in Category V to which all Banksmen and On-sctters arc placed, under paragraph 153 of Labour Appellate Tribunal '(Colliery Disputes) 'Award of the year 1957. The second concession made by him was that the workman concerned will be drawing the same pay and emoluments as he was drawing as an On-setter, even though he may be working as a trammer. He also made It clcai that if, in the meantime, anything less by way of pay and emoluments has been paid¹ to the workman, the same would be made up by the employer company.

6. Now, regard being had to the concessions made by Mr. Nandkeolyar, it cannot be said that the workman concerned has any further substantial grievance. The letter of change (Ext. A2) did not indicate that he was being placed in a reduced rank. It appears from paragraphs 150 and 153 of the Labour Appellate Tribunal Award in Colliery Disputes :

"150. *':'*we think that the proper place of the piece-rated Trammer whether working underground or on the surface would be in Category V. We would, therefore, direct that the existing rates of the piece-rated Trammer should be revised and raised***.

151. Since we have now placed the time-rated Trammers in Category IV it will be necessary to upgrade banksmen and On-setters (item 93 und 94) who shall be put in Category V, and***".

"Mr. Hobin Chattcrjee contended that the order of change does not indicate that the work- roan concerned will be placed in the rank of time-rated trammers. Mr. Chatteriee is no •doubt right in this contention. But because of the concession made by Mr. Nandkeolyar, •the criticism loses its force. I make it clear, by this award, that by the change the workman concerned shall be deemed to have been placed in Category V and shall be drawing the some pay and emoluments as he was entitled to rto as an On-setter. I further make it filear that if in the meantime the workman has btien paid anything less, the same would be made up by the employer company.

7. This disposes of the first and second contention of Mr. Chatteriee that a demotion took place, which made the workman suffer financially.

R. I now turn to the last contention of Mr. Chatteriee that the procedure adopted by thq employer company was illegal and the change was made only to victimise the concern- ed workman. There is no evidence that the procedure under Section 9A of the Industrial Disputes Act was not followed. There is also no evidence of any victimisation. Tn tlrfc absence of any evidence. I cannot uphold this branch of argument of Mr. Chatteriee.

9. In the result, my award is that the management of East Chora Colliery was justified in changing the trade of Nandalal Mahato from an On-setter to a trammer. The effect 6f this change, however, will not make the workman concerned lose his grade or cause any reduction in his pay or emolument. He shall remain in Grade V as time-rated trammer. a" envisaged in the Labour Appellate Tribunal (Colliery Disputes) Award and shall continup 10 draw the same pay and emoluments as he used to do as an On-setter.

This is my award.

(Sd.) B. N- BANERJEE, Presiding Officer.

Ddted, October 14, 1968.

TNo. 6/94/67-LRII.l

S.O. 3932.—In pursuance of section 17 of the Industrial Disputes Act 1947 (14 ot 1947), the Central Government hereby publishes the following award of the t^ntrai Government Industrial Tribunal, Jabalpur, in the industrial dispute between the employers in relation to the Umaria Colliery of Rewa Coalfields Limited, Post Office Dhanpun, District Shahdol (Madbya Pradesh) and their workmen, which was received by the Centra. Government on the 19th October, 1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-fT/M-LABOUR COURT, JABALPUR

Dated 14th October 1968

PBESKNT :

Shri G. C. Agarwala, Presiding Officer.

CASE R F F. N O. CGIT/LC(R)(143) OF 1967

PARTres :

Employers in relation to Umaria Colliery of M/s, Rewa Coalfields l td PO Dhanpuri, Distt. Shahdol (M.P.).

'

Vs.

It, workmen, represented through Shri K. B. Chougule, General Secretary of Umaria Colliery Mazdooi Sangh and authorised representative, C/o. Nowrozahad' Colliery Ma/door Sangh, P.O. Nowrozabad.

APPFARABLES :

For employers.—(1) Shri S. D. Singh, Labour Oflkcr.

(2) Shr< L'jafiar Singh, Labour Officer.

For wnrkmen.Shri K. B Choufiule, General Secretary of the Union.

DISTRICT: Shuhdol (M.P.).

INDUSTRY; Conl Miaos

AWARD

By Notification No. 5/J1/6/-LRII, dated 25th September, 1967, the Ministry of Labout, Employment & Rehabilitation (Department of Labour & Employment), Government of India, referred the following matter of dispute as stated in the schedule to the order of reference to this Tribunal, for adjudication:—

Matter of Dispute

Whether the intended closure of one shift of Umaria Colliery with effect from 1st August, 1967 by the management of Umaria Colliery of Messrs Rewa Coal Fields Limited, Post Office Dhanpurij and asking the workers to opt for pension or gratuity and also proposing transfer of surplus workers from Umaria Colliery to other collieries without following the procedures as laid down in Chapter V A of the Industrial Disputes Act, 1947 is justified ? If not to what relief are the workmen entitled'/

After issue of usual notices, parties filed written statements followed by rejoinders and on the basis of pleadings certain additional issues were also framed on 5th February, 1968. Since then- a number of dates had to be given as the parties wanted time to compromise, which in fact has now been rendered. It appears that not only the shift in question, but the working of the entire colliery has been closed by the employers in consequence of which there was a dispute raised by another Union and which was the subject matter of reference in Case No. 10 of 1968, That case was compromised and a compromise award has already been published in Government of India Gazette dated 10th August, 1968. In view of this intervening circumstances and the fact that all the workers who weie affected¹ by the closure have been given employment at Burhar, another colliery of the employer8f with continuity of service and without any adverse affect, the Union did not Dress the dispute. The terms of settlement are reproduced in the annexure. Accepting the terms, a> consent awarJ is hereby recorded in terms of compromise settlement.

Sd/- G. C. AGARWALA.

Presiding Officer,

14-10-196*.

ANNF.XURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, IABALPUR CAMP—PACHMARI

IN IJIE MA-riBR OF RBCBRENCE N O. CGIT/LC(R)(143)/67.

PARTIES :

M/s. Rewa Coalfields Ltd., Umaria Colliery, Non-applicant,

AND

Their workmen, thiough General Secretary, Umaria Colliery Muzdoor Sangh and authorised representative Shri K. B. Chbugule, C/o. Nowrozabad Colliery Mazdoor Sangh, Applicant.

May it please the Honourable Tribunal:— 1. That after above reference was made, Umaria Mine was finally closed and the matter was referred to this Honourable Tribunal and was heard as reference No 10 of ls>68, in whicli a compromise award had been given and published in the Gazette of India on 10th August, 1968.

2. That in view of the above intervening circumstances and in view of the fact that all 1h~ workers, who were aiiecte'd by the closure of llnd Shift have since been given employ- ment at Burhar with continuity of service, and without any adverse affect except those who have themselves opted for alternative employment.

Prayer

The parties therefore jointly pray that.this dispute may kindly be treated as finally settled and closed. For Workmen:—

Sd./- K. B. CHOUGULE,

11-10-68.

For Employers :—

1. Sd/- S. D. SINGH,

11-10-68.

2. Sd/- UJAGAR SINGH,

11-10-68.

Presented and verified.

Sd/- G. C. AGARWALA,

11-10-68.

PART OF THE AWARD

Sd./- G. C. AGARWALA,

Presiding Officer.

TNo. 5/31/67-LRII.J

New Delhi, We 25th October 1968

SO. 3933.—In pursuance of section 17 of the Industrial Disputes Act 1947 (14 of 1947) the Central Government hereby publishes the following award of the Central Government Industrial Tribunal, Calcutta, in the industrial dispute between the employers ii r e S . to the Samla Dalurband Colliery, Post Office Pandaveswar, District Burdwan and their workmen, which was received by the Central Government on the 18th October, .1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA.

REFERENCE N O. 7 OF 1968

r,\iniES :

Emplo>ers in relation to the Samla Dalurband Colliery,

AND

Their workmen,

"PRFSENT:

Shri B. N. Banerjee, Presiding Officer.

APPEARANCES:

On behalf of Employers^-Absent

On behalf of Workmen—Shri Benarshi Singh Azad, General Secretary, Khan Shramit Congress.

STATE West Bengal.

INDUSTRY Coal Mine.

AWARD

By Order No. 6/86/67-LRiI, dated January 10, 1968, the Government of India, in the Ministry of Labour, Employment and Rehabilitation (Department of Labour anJ Employment), referred the following dispute between the employers in relation to the Samla. Dahirband Colliery and their workmen, to this tribunal, for adjudication, namely:

"Whether the refusal of employment to Shri Gora Chand Bouri, Winding Engine Khalasi, by the management of Samla Dalurband Colliery, with effect from the 6th December, 1965, was justified ? If not, to what relief is the workman, entitled 7"

2. The cause of the workman was espoused by a trade union known as Khan Shramik Congress, which filed a written statement. Thereafter, the employer company also filed a written statement. The employer company did not further appear. Today, which was- fixed as the date of hearing with notices to the parties, Mr. B. S. Azad, General Secretary of Khan Shramik Congress, appeared on behalf of the workman, filed a compromise petition and stated that the dispute between the workman concerned and the employer company •Itood settled in terms contained in the petition of compromise and that no further dispute existed between them. He prayed that the compromise may be recorded and an award passed in terms thereof. Mr. Azad deposed himself and proved the terms of the compromise. He also proved the signatures, appearing on the compromise petition. In view of the compromise petition and the prayer, I find that no further dispute exists between, the- parties now.

3. I, therefore, record the terms of compromise and pass an award in terms thereof.

Let the petition of compromise form part of this award.

Dated. October 14, 1968

Sd/- B. N. BANERJEE,

Presiding Officer,

BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL 20, BRITISH INDIAN STREET, 3RD FLOOR, CALCUTTA

In the Matter of Notification No. 6/86/67-I.RII, dated 10th January, 1968.

AND

In the matter of an Industrial Dispute (Reference No. 7 of 1968).

BETWEEN:

Employer in relation to the Samla Dalurband Colliery.

AND

Their Workman.

Compromise Petition on Behalf of the Above Named Parties

The above ieference lias been amicably settled between the Parties on the following- terms:—

1. That Sri Gorachand Bomi, the workman concerned is not interested in his job with the present Employer,

2. That at the request of the Union the management has agreed to pay a sum of Rs. 250/- to Sri Gorachand Bouri as an ex-gratia payment in lull and final settlement of all his claim and demand till the date of this settlement.

3. That there is no existing dispute between the Management and the workman concerning Sri Gorachand Bouri which needs adjudication by this Hon'ble Tribunal.

It is therefore humbly prayed that the compromise may kindly be accepted and art Award passed in terms thereof.

Sd/- Illegible. For Workman. Signature & Designation with date. General Secretary. Khan Shramik Congress of Ukhra.

For Samla Dalurband Coal Co. P. Ltd¹. Sd/- Illegible.

Director,

for Employer.

[No. 6/86/67-LRII.]

S.O. 3P34.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Central Government Industrial Tribunal (No. 3), Dhanbad in the industrial dispute between the employers in relation to the Hhowra Colliery. Post Office Bhowra, District Dhanbad and their workmen which was received by the Central Government on the 19th October, 196S.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO 3) AT DHANBAD

PRhSCNT:

Shri Sachidanand Sinha, Presiding Officer.

PARTIES :

Employers in relation to the Bhowra Colliery, P. O. Bhowra, District Dhanbad.

Versus

Their Workmen-

APPEARANCES:

For Employers—Shri K. C. Nan'dkeelyar, Dy. Chief Personnel Officer.

For workmen—Shri Ram Mitra, Secretary, Bihar Koyala Mazdoor Sabha, P. O. Bhowra, Dhanbad.

INDUSTRY: Coal.

S T U B: Bihar,

Dhanbad, dated the I8//1 September, 1968

AWARD

REFERENCE NO. 31 OF 1968

The Central Government being of the opinion that an industrial dispute exists between the employers in relation to the Bhowra Colliery, P. O. Bhowra, District Dhanbad and their workmen, by its order No. 2/68/66LRH dated the 6th June, 1966, referred to the Central Industrial Tribunal, Dhanbad under Section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matters specified in the Schedule annexed thereto. The Schedule is extracted below:

SCHEDULE

"Whether the dismissal of Shri Sheonath Lodh and Sobhay Lodh Miners with effect from 18th January, 19&6 and suspension of Hublal Passi, Jailal Passi, Ramdayal Passi, Pancham Passi, and Sarjoo Passi, miners, from 29th December, 1965 to 15th January, 1966, by the management of Bhowra Colliery was justified?

If not to what relief arc they entitled?

2. The Central Government Industrial Tribunal, Dhanbad registered the reference as Rcferencc No. 1 14 of 1966 on its file. By Central Government's Order No. 8/25/66-LR1I dated the 8th May, 1967, the reference was transferred to the Central Government Industrial Tribunal (No. 7) at Ohfnbad where it was numbered as Reference No. 160 of 1967. By subsequent order No. 8/72/68-LR1I dated the 17th August, 1968, the Central Government transferred the dispute to this Tribunal. This Tribunal registered the reference as Refe- rence No. 31 of 1968, on its file.

3. The workmen represented by Shri Ram Mitra, Secretary, Bihar Koyala Majdoor Sabha. P. O. Bhowra, District Dhanbad filed written statement on 20th July, 1966. They stated therein that during the week ending 4th December, 1965, 11th December, 1965 land 18th December, 1965 weekly earning fell short than the minimum guaranteed wages as per ( oal Award in respect of Sheonath Lodh, Shobhay Lodh and few others. These miners refused to accept lower wages offered to them by the management and submitted several petitions before (he management for the payment of the minimum guaranteed wages. But the management refused to redress grievance of the workers.

4. On 28th December, 1965 in the second shift while the concerned v.orkmen were engaged in their duties, Banchajn Pass! was assaulted with the result that Shri Pancham Passi received serious injuries on his head. Pancham Passi wanted to get treatment from the Colliery Hospital for which he was legally entitled but the management deliberately refused to give him medical treatment. On refusal Shri Pancham Passi went to the State Dispensary at Jharia for his treatment. On 29th December. 1965 in (he morning Paacham Passi, Ramdayid Passi, Sarjoo, Sheonath Lo'dh, Sobhay Lodh, Hublal and Jai Lai (Affected workmen) submitted a joint petition to the Manager stating ihe facts of

assault and demanded suitable action against the culprits. Their contention is that after receiving thj pint p.'t.tion instead of taking action against the real culprits the m^uiag.-ment issued charge sheets, to the concerned workmen aud suspended them from 29th December 1965 pending the enquiry.

5. After receiving the charge sheets the concerned workmen submitted their reply to the charge sheets denying the charge and also slated the true facts and demande'd action agair^t the real culprits. But the management gave protection t"' the real culprits and proceeded against the concerned workmen. 'Iheir case is that no enquiry was held and no fair chance was given to them to defend themselves and to produce their witnesses and documents, The concerned workmen submitted joint petition before the management on 7th January, 1966 and demanded a fair enquiry but no reply was given to them Sub- sequently the management allowed Hubial Passi, Jallal Passi, Ramdayal Passi, Pancham Passi and Sarjoo Passi to resume their work with effect from 15th January, 1966 and dismissed the other two workmen namely Sheonath Lodh and Sobhay Lodh with effect from 18th January, 1966. According to them the management was not justified in dismissing Sheonath Lodh and Sobhay Lodh from 18th January, 1966 nor they were justified in suspending Pancham Passi, Hublal Passi, Ramdayal Passi, Sarjoo Passi and Jallal Passis from 29th December, 1965 to 15th January, 1966.

6, The employers tiled the written statement on 11th July 1968. In heir statement they stated that the concerned workmen were charge-sheeted on 29th December 1965. There wss a common charge against all the workmen. The charge runs as follows:

"Ft hris been reported that on 28th December 1965 while on duty in the second shift al 9-30 P.M., the concerned workmen namely Hublal Passi. Shobay Lodh. Jailal Pnssi, Ramdayal Passi, Sarjoo Pass' and Sheonath I odh challenged to fight violently with Baldeo Dusad an'd his ganR in which Baldeo Dusad was beaten and Talcswar Bhuiya was hit on his head with a sprag and was injured giievously. Also Bhawani Dusad and Jhaggam Dusad were hit by missiles and that it constituted misconduct under Standing Orders 27(19) and 27(5)."

7, The workmen denied the charge but since the joint explanation submitted by the workmen was not considered satisfactory, it was hought necessary to enquire into the mutter. A notice was given to the workmen concerned tht the enquiry is to be held on the 3rd January, 1966 nt 9 A.M. and on that date the concerned workmen attended the enquiry and also filed a petition that they may be permitted to be represented by Shn Lakhan Sinsh and this was allowed. Shn Lakhan Singh attended the enquiry alongwith the concerned workmen on 3rd January 1966 and the statement of one witness namely Shri S. K. Chhibba, overman was recorded and the recording of the statement was over at 1 P.M. and the cnquiiy was adjourned and fixed on the following day i.e 4th January 1966 at 9 AM. On 4th January 1966 the workmen concerned did not turn up for the enquiry. Thereafter the enquiry was adjiurned on 5tth January 1966 at 4 P.M. Even on 5th January 1966 the workmen concerned did not attend the enquiry. The enquiry was then adjourned and it was fixed on the 6th January, 1966 at 4-30 P.M. On that day though the workmen concerned were present, they left the place of enquiry without any reason and Sheonath I odh told the Enquiring Officer that they would not attend the enquiry and that the Enquiring Officer could do whatever he liked. The enquiry thereafter pro- ceeded ex-parte. Fn the absence of the workmen concerned the statements of the w'tnesses on behalf of the management were recorded. The management was of the view that Sheonath Lodh .mil Shobay Lodh were the persons who were mainly and directly respon- sible for th ; iss uiU and that involvement of other workers concerned was of lesser degree. The Enquirinn Officer thercfoie recommended dismissal of Sheonath Lodh and Shobay Lodh and S-J pension of the remaining five workmen concerned. The case of the manage- ment is tVit they took all possible steps to hold proper enquiry but the workmen concerned intention illv avoided the enquiry and therefore the management had to proceed w;th the enquiry ix-parte-

8. The concerned workmen denied" the charge. Ext. M-8 is their reply to the charge sheet Their case is that on 28th December 1965 in the second shift at about 10-30 P M. Pancham Passi and Ramdayal were assaulted and that Pancham Passi received serious in- juries on his he id. They contend that the management has not taken any act;on against the real culprits and that the management took side of the offenders arid as such served charge sheets to the workmen concerned.

9. It appears thit the management did not consider explanation of the concerned work- men to the charge sheet, to be satisfactory and decided to enquire into the matter. The enquiry was ordered to be held on 3rd January 1966 at 9 A.M. On that date the con- cerned wir'sinsn were present. The workers also filed a petition to the effect that they may be represented by the workman Lakhan Singh in the enquiry. On 3rd January 1966 Shri S K Thh-bba. Overman on behalf of the management was examined and cross-ex- amined. Only one witness was examined on that date and the enquiry was adjourned to

4th January 966 at 9 A.M. The case of the management is that on 4th January 1966 the workmen dul not turn up and the enquiry was adjourned to 5th January 1966atA P M Again on 5th January 1966 the workmen did not turn up ^U the enqmrf was h e r oW adjourned to 6th January !966 at 4-30 P.M. According tc, managemen"h"affected work men were present on 6th January 1966 at 4-30 P.M. but later they left without takina part S h e o X ' S" P ^ ^ V f™ a°/ ^ason. The management further contend tha f r T T T^ ^ ?- n% workmen stated that they will not attend (ho enquiry and that the Inquiring Officer was at liberty to do whatever he liked. The contention of ho affected workmen is that they were present to attend the enquiry but since the Enquiring Officer was not present in his office no enquiry could be held and they left the place But the management further contend that when the affected workmen did not attend the enquiry Z w ?^ V* If⁹⁶*'.?⁶ E n4u i r mB Officcr held the enquiry cx-parte and examined the witnesses on bchalt of the management. Nine witnesses on behalf of the management were examined and the enquiry was completed on that date i.e. the 6th January, 1966

10. The most important point for consideration in this case is that whether the work- men were given an opportunity t0 take part -n domestic enquiry and if so they refused to avail of the same and deliberately and without any reasonable ground absented themselves lrom attending the enquiry. It so, they could definitely be not allowed to contend that the action of Ihc management in proceeding with the enquiry ex-pane was not fair or proper-

11. According to the workmen whatever enquiry wai held, it was held on the 3rd Januai,'. 1966. On that day Ihc enquiry commenced at 9 A.M. and only one witness namely Shri S. K. Chhibba could be examined on behalf of the management. The deposi- tion of this witness runs into live closely written pages. On 6th January, 1966, as stated by the management, the enquiry commenced at 4-30 P.M. and on that date nine witnesses on behalf of the management are said to have been examined.. Their depositions run into eighteen closely written pages. Ihu inquiring Officer has further stated in his Enquiry Report that he put question to trie witnesses in order to seek clarifications on the points ra-scd by the affected workmen in their reply to the charge sheets. It is difficult to understand IIOIA the management could examine nine witnesses on the 6th January, 1966 when the enquiry itself started late at 4-30 P.M. The contention of the affected workman, therefore appears to be correct that in fact no enquiry was held on the 6th Tanuary, 1966. To that effect the affected workmen aic stated to have addresse'd the management a petition dated the 7th January. 196ft wherein they mentioned that on the 6th Januaty, 1966 at 4-30 P.M. they presented themselves to attend the enquiry but since the Enquiring Officer wai absent from his office they waited upto about 5-30 P.M. and then left the place as no enqu:ry was hel'd. The affected workmen also presented before the Conciliation Officer to the effect that no enquiry was held on the 6th January, 1966 and that they were nor given any opportunity to cross-examine witnesses and to produce their 'defence witnesses. In his report th- Conciliation Officer has also reported that the management failed to pro- duce before him Ihc relevant enquiry report even on the 2nd April, 1966 when he visited the said Colliery. All this leads me to believe the statement of the workmen that the evidences of the nine witnesses on behalf of the management alleged to have been examined on the 6th January, 196(i, have been manufactured subsequently. In this connection I may mention that the enquiry report of the Enquiring Officer filed before me bears no date*.

12. Tt was ,i i_asc of assult between two groups of workmen. According to the manage- ment th: g^roup of Shconath Lodh, the ;>fTfcte'd workmen assaulted Baidev Duind and Tale- war Bhuiya. Talcwar Bhuiya was assaulted with a sprag on his head and he got grievoiii injur'es. Bhabhani Dus id and Jhasgin Dusad were also hit by missiles. Though this v, is a case oT grievous injuries the maniReiment could not produce any medical evidence to support assault on Baldcv, Talcwar, Bh.ibhani an'd Jhaggar. The Enquiring Officer told me thit hi hid before him only the oral statements of the involved workmen and other witnesses. But on the other hand the- storv of the affected workmen is that the i';mg of Baidev Dusad and Talewar Bhuiya had assaulted Pancham Passi and that Pancham Passi received serious injuries on his head. Pancham cot himself examined by Civil Av-'V "it Surgeon, Jrnri.i State Dispensary on 30th December 1965 and according to medical certifi- cate issued bv tV Medical Officer Pnncham hid received injuries—('<) lacerated wound 2)r"Xl"yl" *'t the centre of scalp, and (2) Swelling tenderness—2"xl" at the lower angle of left scapula. Tn spite of the above and more so tTiat (hough the management admit th'it Panc-him P;issi also sustained ininnVs in the assault, the management dirt not issue any chin;: sheet to the workmen bcl to the franc of Baldev Dusad and Talewnr Bhuiya. They ch.inw-she-.led only the affected w irkmen of the gang of Sheonilh I cidh. Tho allegation of the affected workmen that the minpgemcnl took side of the opposite gang of Baldev Dusad and Talewar Bhuiya finds support.

13. In an in'dustrial dispute the question of bonafidc or malafide of the employers i" often at issue. This is why a domestic enquiry in an industrial dispute should be held

with scrupulous regard for the requirement of natural justice. Care must always be taken to see that the enquiry is not reduced to an empty formality. In this case the aforesaid circumstances make me believe that the domestic enquiry was not properly held. The management failed to prove that the concerned workmen deliberately and without any suffi- cient ground absented themselves from the enquiry and 'did not avail of the importunity to cross-examine the witnesses and to produce their own defence witnesses. On the other hand I held that the enquiry was not proper in the sense that full opportunity was not given to the workmen to meet the charge. The affected workmen had no opportunity to examine their witnesses and file their documents.

14. I therefore held that the dismissal of Shri Sheonath Lodh and Sobhay Lodh miners •with effect from the 18th January, 1966 is not justifies and therefore they are entitled to bo re-instatcd with full back wages and other emoluments from the date of their dismissal i.e. from the IHth January, 1966 upto the dato of their re-instatement along with continuity of service. I further 'hold that the suspension of Khublal Passi, Jailal Passi, Ramdayal Passi, Sarjoo Passi and Pancham Passi, miners from 29th December 1965 to 15th January 1966 is not justified and consequently they are entitled to full wages for the period of sus- pension i.e. 29th December 1965 to 15th January 1966.

1 give my award accordingly. Let it be submitted to the Central Government under Section 15 of the Industrial Disputes Act, 1947,

(Sd.) SACHIDANAND SINHA,

Presiding Officer,

Central Government Industrial Tribunal (No. 3)

Dhanbad,

[No. 2/68/66-LRT.L]

New Delhi, the 26th October 1968

S.O. 393S.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Central Government Industrial Tribunal (No. 2), Dhanbad, in the industrial dispute between the employers in relation to the Bhowra Colliery, Post Office Bhowra, District Dhanbad and their workmen, which was received by the Central Government on the 19th October, 1968.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri Nandagiri Venkata Rao, Presiding Officer.

REFERENCE N O. 151 OF 1967

In the matter of an industrial dispute under Section 10(l)(d) of the Industrial Dispute* Act, 1947.

PARTIES :

Employers in relation to the Bhowra Colliery, Post Office Bhowra, District Dhanbad.

AND

Their workmen.

APPEARANCES :

For the employers.—Shri K. C. Nandkeolyar, Deputy Chief; Personel Officer.

For the workmen.—Shti B. Lall, Advocate,

STATE: Bihar.

INDUSTRY: Coal.

Dhanbad, Wth October, 1968 23rd Asvina 1890 Saka.

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers In relation to the Bhowra Colliery. Post Office Bhowra, District Dhanbad and their workmen by its order No. 2/79/66-LRJJ dated 16th May 1966 referred to the £ V f f i m i t ^ ! l r i "l Tribunal, Dhanbad under Section 10(l)(d) of the Industrial

Disputes Act, 1947 fbr adjudication the dispute in respect of the matters specified in Lii; schedule annexed thereto. The schedule is extracted below:

SCHEDULB

"Whether the dismissal of Shri Shambhu Mahato, Fan Khalasi, by the management of the Bhowra colliery with effect from the 29th January, 1966, was justified 7 If not, to what relief is the workman entitled 7"

2. The Central Government Industrial Tribunal, Dhanbad registered the reference as reference No. 9K of 1966 on its file. Workmen filed their statement of demands. While (il was pending before the Central Government Industrial Tribunal, Dhanbad, the proceeding was transferred to this Tribunal, by the Central Government by its order No. 8/25/67-LRII .dated 8th May, 1967. Consequently, the reference is renumbered on the flic of this Tribunal as reference No. 151 of 1967. Employers filed their statement of demands,

3. Shri Shambhu Mabato (hereinafter referred to as the affected workman) was an employee working at Bhowra colliery as a Fan Khalasi. at No. 23 incline of 9 Seam. Ho was also to attend to the main switch for the underground located in the same room. He was issued a charge-sheet dated 20tb January, 1966 for committing a misconduct in terms of the Certified Standing Orders of the colliery. He submitted his explanation dated 22nd January, 1966 denying the charge. Thereupon a notice of enquiry was issued to him and the domestic enquiry was held on 25th January, 1966. The affected workman participated in the enquiry. The Enquiring Officer, after considering the evidence recorded, during the •enquiry came to the conclusion that the charge against the affected workman was proved. The Enquiring Officer submitted his report to the Manager, the Manager recommended "the dismissal of the alfectcd workman and the Agent approved the recommendation. Thus, ;thc affected workman was dismissed from service by a letter dated 29th January, 1966 with immediate effect. These facts are not in dispute. The case of the workmen is that the udismissiil of the affected workman is illegal and unjustified. According to them the charge *>f misconduct as detailed in the charge-sheet was vague, that the affected workman was not given opportunity to explain the circumstances alleged against him, that the prosecution witnesses had encmity with the affected workman, that the affected workman was dismissed for his being a member of the Khan Mazdoor Congress and that the punishment awarded ito the affected workman was not proportionate to the act of the misconduct alleged to have been committed by him. The employers pleaded justification for the action taken by them. The workmen were represented by Shri B. Lai, Advocate and the employers by Shri K, C. Nandkcolyar, Deputy Chief Personnel Officer. On admission by the workmen Exts. Ml to M4 were marked for the employers. On behalf of the employers MW1 was examined and Exts. M5 to M7 and Wl were marked. No witness was examined for the •workmen.

4. It is not in dispute that during the material period the affected workman was working sis a Fan Khalasi and also attending to the main switch for the underground which was located in the same room from where he was operating the fan. The charge-sheet issued ±0 the affected workman on 20ih January, 1966 is Ext. Ml. The allegation contained therein was "on 19th January, 1966 in your shift you placed a stick below the handle of the main underground switch placed in the fan switch house, thereby preventing the switch from tripping in the event of a fault, which occured during the shift. As a result, you endangered the life of the workmen below ground and also damaged a trailing cable -which amounts to misconduct under Standing Order No. 27(9). You are suspended pending enquiry". The explanation submitted by the affected workman to the charge is Ext. M2. The affected workman simply denied the charge and pleaded that the fault was of the •electricity itself. He did not deny that he was on duty to attend to the switch also which was located in the same room from where he was operating the fan. Ext. M3 is a notice •of the enquiry. MW1 conducted the domestic enquiry. Exts. M5 and M6 are the enquiry proceedings. Ext. M7 is the report of the Enquiring Officer, MW1 and Ext. M4 is the letter of dismissal. It is in the evidence of MW1 that he held the domestic enquiry on 25th January, 1966 in presence of the affected workman, that during the enquiry he recorded statements of 5 witnesses, Ext. M6, that the affected workman was given opportunity to cross-examine each of the witnesses but he did not cross-examine any, that he had read over and explained statements of the witnesses to the affected workman before thj affected workman affixed his thumb impressions to them, that after the statements of the management witnesses were recorded he recorded the statement of the affected workman and that after concluding the enquiry he submitted his report, Ext. M7. This evidence is not rebutted to any extent. Even the affected workman is not examined. There is absolutely no evidence to support the objection raised by the workmen against the domestic enquiry. Thus, there is no room to argue that the domestic enquiry was not conducted in accordance with the principles of natural justice or that the affected workman was prejudiced in any manner. The finding of the Enquiry Officer, MW1 is amply supported •by the statement of Shri S. N. Yadev, Mining Sirdar that at about 3-30 A.M. the trailing .cable of the machine burst out. The Standing Orders of the colliery are Ext. Wl. AS

per order 27(9) causing damage to the property of the company is a misconduct for which an employee can be suspended, fined or dismissed without notice or any compensa- tion in lieu of notice. In the instant case not only the trailing cable of the machine was damaged which is a damage to the property of the company, even the lives of the workmen working underground were put in danger owing to the act of the affected, workman. Under these circumstances, I do not consider that the punishment awarded to the affected workman was not in proportion to the act committed by him.

5. I, therefore, find that the dismissal of the affected workman, Shri Shambhu Mahato, Fan Khalasi, by the management of the Bhowra Colliery with effect from the 29th January, 1966 was justified and, as such, he is not entitled to any relief. The award is made accordingly and submitted under Section 15 of the Industrial Disputes Act, 1947.

Sd/- N. VENKATA RAO,

Presiding Officer,

Central Govt. Industrial Tribunal (No. 2), Dhaubad.

[No. 2/79/66-LKUJ

S.O. 3M*.--ln pursuance ot section 17 ot the Industrial Disputes Act, 1947 (14 of 1947), "the Central Government hereby publishes the following award of the Central Government Industrial Tribunal (No. 2), Dhanbad, in the industrial dispute between tho employers in relation to the Gaslitan Colliery of Messrs New Manbhoom Coal Company Limited, Post Office Sijua, District Dhanbad and their workmen, which was received by the Central Government on the 19th October, 1968.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

PRESENT :

Shri Nandagiri Venkata Rao, Presiding Officer,

REFBIIKNCE No. 138 OF 1967

In the matter of an industrial dispute under Section 10(l)(d) of the Industrial Dixnuie?

Act, 1947.

PARTIES :

Employers in relation to Ihc Guslitan Colliery of Messrs New Manbhoom Coal Company limited, Post office Sijua, District Dhanbad.

AND

Their workmen.

APPEARANCES;

/;lw the cmp\oys-:s.—Shri S- S, Mukherjcc, Executive Committee Member, rndia.it

Colliery Owners' Association.

For the v:orkme-}.--$ft\T\ Prasftnt'.i Burman, Secretary, Khan Mazdoor Congress.

STATE: Bihar.

TNUUSTKY: COS.1.

Dhrmb-.il \5th October, 1968/23rrf ASVINA, 1890 Saka.

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers in relation' to the Gaslitan Colliery of Messrs New Manbhoom Coal Com- pany Limited, Tost. OfPcc Sijua, District Dhanbad and their workmen, by its order No. 2/49/66-LRTI dated 22nd April, 1966 referred to the Central Government Industrial Tribunal, Dhanbad urv.ler Section IO(l)(d) of the Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matters specified in the schedule annexed thereto. The schedule is extracted hclow:

SCHEDULE

"Whether ihc action of the management of the Gaslitan Colliery of Messrs New Manbhoqm Coal Company Limited, in dismissing Shri Abdul Razafc, Mining Sirdar, from scrv'cc with effect from the 6th January, 1966, was justified? If not, to what . \jf. is the ;;forev"~>.1 w n r Nm entitled?"

2. Tho Central Government Industrial Tribunal, Dhanbad registered the reference us reference No. 76 of 1966 on its file. Workmen fllod their statement of demands. While it was pending before the Central Government Industrial Tribunal, Dhanbad, the pro- ceeding was transferred to this Tribunal, by the Central Government by its order No. 8/25/67-LRII dated 8th May, 1967, Consequently, the reference is renumbered on the file of this Tribunal* as reference No. 138 of 1967. Employers filed their statement of. demands.

3. Shri Abdul Razak (hereinafter referred to as the affected workman) was a Mininjt Sirdar in Gaslitan colliery of the employers. On 5th January, 1966 the management of the colliery served a charge-sheet on him alleging that he had assaulted and abused a miner and suspending him simultaneously. The affected workman submitted his explanation to the charge-sheet en 7th January, 1966 denying the charge. A dcjJart- menial enquiry was held into the charge-sheet on 13th January, 1966 and tho enquiry proceedings were signed by the affected workman. As the result of the enquiry the affected workman was dismissed by a letter dated 13th January, 1966 with effect from the date of his suspension. These facts are not in dispute.

4. The case of the workmen is that the charge against the affected workman was frivolous, that the enquiry held against him was farcical, that the enquiry was conducted by the same Labour Welfare Officer who was prejudiced because he had earlier held the preliminary enquiry, that the management chose to dismiss (he affected workman with a view to victimise him because he had taken upon himself to organise a branch of Khan Mazdoo:' Congress with the help of other labourers at the colliery leaving Colliery Mazdoor Sangh led by the brother of Satya Deo Singh, the owner of the colliery and that as such, the dismissal of the affected workman was not justified. The employers Piled their written statement denying knowledge on their part that the affected workman organised any branch of the Khan Mazdoor Congress at the colliery and pleading that the dismissal of the affected workman was justified in view of the finding of the Enquiry Officer that he had committed misconduct. They further stated that the affected work- man was present throughout the departmental enquiry and he was given full opportunity to cross-examine the management's witnesses and defend himself, that (he affected work- man refused to give any further statement or to examine any witness in his defence, that lie, however, cross-examined the management's witnesses and that in the departmental enquiry the misconduct mentioned in the charge-sheet was satisfactorily established and as such Ihe .iffecle.l wurkmiin was dismissed by the Agent. The employers flatly denied that the Labour Welfare Officer conducting the enquiry was prejudiced against the affected workman. The workmen were represented by Shri Prasanta Burman, Secretary, Khan Mazdoor Congress and (he, employers by Shri S. S. Mukherjee, Executive Committee Member, Indian Colliery Owners' Association. By consent of the workmen Exls. Ml, M2 and M3 were marked for the employers. On behalf of the workmen 2 witnesses were examined and Exts. Wl and M4 were marked. The employers examined a witness and marked Ext. M5.

5. Admittedly, the affected workman was issued a charge-sheet, Ext. ML The allegation was that the affected workman had abused Shri Uup Chand Muchi, miner and also threw him below the Tram Line and injured him, which was a misconduct under the Coal Mines Certified Standing Orders, ft is also admitted that the affected workman submitted his written explanation to the charge and it is on Ext. Ml itself. 'ITie explana- tion in brief is that the miner, Shri Rup Chand Muchi chased the affected workman, l.:'lsuaclc him. ilrtl Iho mivier that ths affected workman "gestured' him to forbid him >.,i ( did not obey the order and hastened towards the affected workman and fell down in (he sleepering stone. In short, the ','uct of the miner, Shri Rup Chand Muchi receiving injury is admitted. II is also to be remembered that the affected workman was a mining sirdar white Shri Hup Chand Muchi was subordinate to him as a miner. Tn the statement filed by them, the workmen have also admitted (hat a departmental enquiry was held into the charge. But, contrary to the written statement (he affected workman, WW2 states that no enquiry was at all held. At the same time he has admitted his signatures on the enquiry proceedings, Ext. M4 at four places underneath the statement of witnesses. In the statement filed by the workmen as well as in (he oral testimony of the affected workman, WW2 it is alleged that the signatures were obtained from the aU'eded workman under duress. This is too serious an allegation. The occurrence being of 13th January, 1966 I am not convinced that the affected workman, a mining sirdar and at the same time very active trade union worker capable of organising a branch at the colliery would sleep over the incident without complaining to any authority. He says in his evidence that he did not submit a written complaint to anyone but he had orally reported the incident to Shri Gopal Chandra Munshi on 7th or 8th of January, 1966. Even Shri Gopal Chandra Munshi did not appear to corroborate the testimony of tho affected workman. MW1, the Labour Welfare Officer of the colliery deposed that he held the enquiry, that the affected workman was present throughout the enquiry, that in the presence of the affected workman he recorded statements of Sarvashrec Rup

Chand Much:, Lakhan Bhuia and Chaman Mia, that he gave opportunity to the affected •workman to cross-examine all the witnesses, but the affected workman cross-examined only Shri Rup Chand Muchi and thai the statements recorded in Hindi were explained to the witnesses and to the affected workman and the affected workman affixed his signatures to the statements voluntarily. He denied emphatically that the affected work- man was forced to affix his signatures to the statements of witnesses. No evidence is led nor was any suggestion made to MW1 that he had conducted the preliminary enquiry or that he was prejudiced against the affected workman in any manner. The evidence -of WW1 is not of consequence Vjecause the witness spoke only about the membership of the affected workman of Khan Mazdoor Congress. The extract from the membership register for the year 1965-66 is Ext. WJ. The witness has conceded that he had no •connection with the Khan Mazdoor Congress or any of its branches before 1967. There is no evidence, apart from the solitary testimony of WW2 that the affected workman had organised a branch of Khan Mazdoor Congress at the colliery. There is no material to substantiate the allegation that the management was inimically disposed towards Khan Mazdoor. Congress or the affected workman. The affected workman, WW2 says that he was representing the grievances of the workmen of the colliery to the General Secretary of Khan Mazdoor Congress, but he does not know even his name. Issue of ,the charge-sheet, Ext. Ml and submission of explanation to the charge-sheet by the affected workman, the departmental enquiry into the charge-sheet on 13th January, 1966, the enquiry proceedings, Ext. M4 and the dismissal of the affected workman through the letter Ext. M5 are admitted. In this view I do not see any reason not to believe the testimony of MW1 and hold that the affected workman participated in the enquiry, and cross-examined one of the management's witnesses voluntarily. Neither it is pleaded nor proved in any manner how the departmental enquiry violated the principles of natural justice. I do not find any substance in the case set up by the workmen. It is argued that the dismissal of the affected workman with effect from the date of his suspension was not justified. I do not see any substance in this contention either. In this regard I find ample support in tho decision of the Supreme Court in the case of Jeevaratnam (R) and State of Madras (1967-1-LX.J. 391). The dismissal order Ext. M3 is signed by tho Agent.

6. T, therefore, find that the action of the management of Gaslitan Colliery of Messrs. New Manbhoom Coal Company, Limited in dismissing tho affected workman, Shri Abdul Razak, Mining Sirdar, from service with effect from the 6th January, 1966, was justified .and consequently, he is not entitled to any relief. The award is made accordingly and .-submitted under Section 15 of the Industrial Disputes Act, 1947.

S/- N. VENKATA RAO,

Presiding Officer,

Central Govt. Industrial Tribunal (No. 2), Dhanbad. [No. 2/49/66-LRII.]

S.O. 3937.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of '1947), the Central Government hereby publishes the following award of the Central Gov- ernment Industrial Tribunal (No. 3), Dhanbad, in the industrial dispute between tho employers in relation to the Bhagaband Colliery, Post Office Bhagaband, District Dhanbad and their workmen, which was received by the Central Government on the 19th October, ,1968.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No. 3)

AT DHANBAD. .

REFERENCE N O. 34 OF 1968

PRESENT :

Shri Sachidanand Sinha, Presiding Officer.

PARTIES :

Employers in relation to the Bhagaband Colliery

Vs.

Their workmen.

.APPEARANCES :

For Employers—Shri A. M. Joshi, Personnel Officer, For workmen—Shri Lalit Burman, General Secretary, Bihar Koyla Mazdoor Subha,

Dhanbad.

INDUSTRY : Coal

STATE : Bihar

Dhanbad, Dated the 9th October, 1968

AWARD

The Central Government, being of the opinion that an industrial dispute exists betwee the employers in relation to the Bhagaband Colliery, Post Offlce-Bhagaband, District Dhanbad and their workmen, by its Order No. 2/96/66-LRIl dated the 7th of July, 196 referred to the Central Government Industrial Tribunal, Dhanbad under Section 10(1 )(d of th; Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matter specified in the schedule annexed thereto. The schedule is extracted below:

SCHEDULE

"Whether the termination of employment of the following workmen by the manage ment of Bhagaband Colliery without paying compensation in the form 1 ex-gratia payment with effect from the date shown against each of ther was justified?

Name of workmen

Date of termination.

1. Shri Pahaloo Roy 2. Shri Panchu Singh 3. Shri Soman Bhuian 4. Shri Sadhan Singh 5. Shri Waris Mia

26-11-65 10-12-65 10-12-65 14-12-65 23-12-65

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

The Central Government Industrial Tribunal, Dhanbad. registered the reference ." reference No. 124 of 1966 on its file. While it was pending before the Central Goven ment Industrial Tribunal, Dhanbad, the proceeding was transferred by the Central Go¹ "rnment's Order No. 8/25/67-LRTI dated 8th of May, 1967 to the Central Governmer Industrial Tribunal No. 2 where it was numbered as reference No. 163 of 1967. Th Central Government by its subsequent Order No. 8/71/68-LRII dated the 17th Augus 1968 transferred the dispute to this tribunal where it has been renumbered as referenc No. 34 of 1968.

The parties negotiated the dispute and have settled it amicably. They have filed •compromise petition at annexurp "A", According to the terms of compromise the manage ment is agreed to pay the ex-gratia amount to the workmen concerned as shown againi their names and the workmen concerned have already received the same. Considering ti terms of compromise it shall have to be held that the compromise is reasonable. I accer the same and pass an award in terms of the joint petition of compromise annexurc "/ which shall form part of the award. The award may now be submitted to the Centr Government under Section 15 of the Industrial Disputes Act, 1947.

End.—Anncxure "A" as referred to above.

(Sd.) SACHIDANAND SINHA,

Presiding Officer,

Central Government Industrial Tribun;

(No. 3), Dhanbad,

ANNEXURE "A"

BEFORE THE HON'Bl.E PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CC/M-LABOUR COURT No. 3, DHANBAD

REFERENCE N O. 34 OF 1968

PARTIES :

Employers in relation to Bhagaband Colliery of Messrs. Borrea Coal Co. Ltd., P.I Bhagaband. Dist. Dhanbad.

AND

Their workmen represented by the Bihar Koyla Mazdoor Sabha, near Mack &, Ci

Dhanbad.

Joint Petition of Compromise

The parties abovenamed most respectfully beg to submit as under :

(1) That the above matter was referred for adjudication vide Ministry of Labour,, Employment & rehabilitation (Department of Labour) Notification No. 2/96/66-LRIt dated the 7th July 1966, published in the Gazette of India Part It, Section 3, Sub-scctiort (ii) dated the 16th July 1966 as S.O. 2119 at pages 2096-97.

(2) That the said matter is pending before this Hon'ble Tribunal for adjudication,

(3) That the parties in the meantime have mutually discussed the matter and have .rrived at a settlement in terms stated hereunder ;

Terms of Settlement

(a> That without prejudice to the respective contentions of the parties it is agreed that the e.x-grutia amounts sanctioned by the management to the workmen concerned in the dispute as shown against their names below are acceptable to the workmen :

1. Shri Pahloo Roy—Rs. 354.12 2. Shri Panchu Singh—354.12 3. Shri Somar Bhuian (wrongly written as Soman Bhutan in the terms of refer- ence)—Rs. 118.04

A. Shri Sodhan Singh (wrongly written as Sadhan Singh in the terms of refer- ence)—Rs. 118.04

5. Shri Waris Mia—Rs. 354.12

(b) That the workmen concerned have already received the amounts shown against their names in item (a) above and they will have ho further claim against the management including their rc-employmcnt/re-instatemenl.

(c) That the parties will bear their respective costs of these proceedings.

h\ the circumstances the parties herein concerned most respectively beg to pray that this Hon'ble Tribunal may graciously be pleased to accept this compromise and pass an award in terms thereof.

And for this the parties as in duty bound shall ever pray.

For workmen.

For Employers.

I..AUT BURMAN,

Agent.

Bhagaband Colliery.

General Secretary, Dhanbad.

A, M. JOSHI, Personnel Officer.

Dated Dlianbad, the iith October, 1968.

[No. 2/96/66-1,Rirj.

ORDERS

New Delhi, the 28th October 1068

S.O. 3938.- -Where:;!! (he Central Government is of opinion that an industrial dispute- exists between the employers in relation to the management of Rayatwari Colliery, Chanda, District Chanda (Maharashtra) 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) o( sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government Iv-oby refers the said dispute for adjudication to the Central Government Industrial' Tribunal, Jabaipur, constituted under section 7A of the said Act.

SCHEDULE

Whether (he management of Rayatwari Colliery, Chanda, District Chanda (Maharashtra) was justified in refusing to pay pushing allowance to their underground loaders at the rate prescribed in- para 37 of the Wage Boarc* Recommendations for Coal Mining Industry, at page 116 (Vol. I) of the Report ? If not, to what relief are these workmen entitled ?

[No. 1/11/68-LRII.

New Delhi, the 29th October 1968

S.O. 3939.—Whereas the Central Government is of opinion that an industrial dispute •ixisis between the employers in relation to the management of Messrs. Ballarpur Collierle" Company, Hissessor House, Temple Road, Nagpur 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, Jabalpur, constituted under section 7A of the said Act.

SCHEDULE

Whether the managements of Ballarpur Colliery, Post Office Ballarpur; Sasti Colliery, Post Office Ballarpur and Ghugus Colliery, Post Office Manikpur of Messrs. Ballarpur Collieries Company, Bissessor House, Temple Road. Nagpur are justified in refusing to pay Grade I scale of wages of clerical staff as notified under Section 'D' of Chapter VIII of Volume I of th- Report of the Central Wage Board for the Coal Mining Industry to Shri K. N. Wankhcdc of Ballarpur Colliery, Shri V. N. Bhattarkar of Sasti Colliery and Sarvashri N. B. Joshi and V. R. Kanada of Ghugus Colliery ? If not. to what relief are the workmen entitled ?

[No. 5/42/68-LRII.

New Delhi, the 30th October 1963

S.O. 3940.—Whereas the Central Government is of opinion that an industrial dispute 'ex'sts between the employers in relation to the Dhansar Colliery of Messrs. Dhansar Coal Company Limited, Post Office Dhansar, District Dhanbad and their workmen ir respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1' of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers, the said dispute for adjudication to the Industrial Tribunal (No. 3), DhoinbaJ, constituted under section 7A of the said Act.

SCHEDULE

Whether the management of Dhansar Colliery of Messrs Dhansar Coal Company Limited, Post Office Dhansar, District Dhanbad was justified in dismissing Shri Ulfat Saikh, Mining Sirdar, with effect from (he 30lh lanuary, 1968 ? If not, to what relief, is the workman entitled?

[No. 2/69/68-LRIl.j

S.O. 3941,—Whereas the Central Government is of opinion that an industrial dispute exisis between the employers in relation to the management of Pure Sitalpur Colliery Post Office Ukhra. District Burdwan and their workmen in respect of I he mutters specifiee in the Schedule hcretp 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)' )f section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government lereby 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 Pure Sitalpur Colliery, Post Office Ukhra, District Burdwan was justified in stopping Sarvashri Abdul Mia, Wagon Loader, Dukhran Pandey, Haulage Khalasi, Parvoo Harijan, G. C. Mazdoor. Manager Singh, U. G. Trammer, Jital Singh, U. G. Trammer, Samroo Pashi, Haulage Khalasi, Alkali Miya, S/Trammer, lagnarayan Jaiswara, Loader, Sukroo laiswara. Loader, Keshar Khaira, Wagon Loader, Keshar Bhuiya, Wagon Loader, Ramsahai Singh, Haulage Khalasi, Mata Prasad Passy, Loader, Sadhu Harijan, Loader and Shewnandan Gopc, Loader from work with effect from the 16th May, 19687 If not, lo what relief are they entitled?

[No. 6/61/68-LRII.J'

S.O. 3942.—Whereas the Central Government is of opinion that an industrial dispute •xists between the employers in relation to the South Balanda Colliery of Messrs. National 2oa) Development Corporation Limited, Talcher, Post Office Dera Colliery, District Dhcn- ;annl (Orissa) and their workmen in .respect of the matters specified in the Schedule hereto xnnexed;

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

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

SCHEDULE

Whether the termination of service of Shri Shyamlal Mahato, Category I Mazdoor of South Balanda Colliery by the management of Messrs. National Coal Develop- ment Corporation Limited, Talcher, during probationery period was unjustified?' If so, to what relief is he entitled?

[No. 6/35/68-LRH.]

BALWANT SINGH, Under Secy.

(Department of Labour & Employment)

New Delhi, the 29th October 1968

S.O. 3943.—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 "ribunal, Madras, in the industrial dispute between the employers in relation to Messrs. Burn and Company Limited. Salem, Messrs, Dalmia Magncsitc Corporation, Salem and Messrs. Salem Magnesite (Private) Limited, Salem and their workmen, which was received ny the Central Government on the 2Sth October, 1968.

BEFORE THE INDUSTRIAL TRIBUNAL, MADRAS.

Friday the 21th day of September 1968

PRES Nr :

THIRU M, TAJAMMUL HUSSAIN, B.A., B.L., INDUSTRIAL TRIBUNAL, MADRAS- INDUSTRIAL DISPUTES NOS, 39 AND 71 OF 1966

(In the matter of the disputes between the workmen and the management of (1) M/s.. Burn arjd Company (2) M/s. Salem Magnesite (P) Ltd., and (3) M/s. Dalmia Magnesita Corporation, Salem).

BETWEEN .

(IN I. D. No. 39 OF 1966)

1. The Secretary, Magncsite Workers' Union U. O. Karuppur, (Via) Salein, Jn. R.M.S. (Madras). (Amended as per Government of India letter No. 35/9-66-LRI., dated 23rd July, 1966.).

2 The Secretary, Magnesitc Natiornl Labour Union, P. O. Karuppur, (Via) Salem In R.M.S. (Madras).

*. The Secretary, Mugnesile Syndicate Employees' Association, Suramangalam, Salem-5 (Madras).

4. The Secretary, Salem Di. Ma^nesite Labour Union, Suramangalam, Salem-5' (Madras).

5. The General Secretary, Salem Magncsite Employees' Union (AITUC), R. No. 2403, Salem-1 (Irripleaded as per the order of Industrial Tribunal, dated 29th November, 1966- in App. No. 239/66).

6. The Secretary, Dalmia Magnesite Corporation Employees' Union, C-60-A, Swama- puri, Salem-4, R. No. 5/SLM/66 (Implcaded as per order of the Industrial Tribunal, dated 29th November, 1966 in App. No. 240/66).

7. The General Secretary, Salem Distt. Magnesite Thozhilalar Munnetra Sangam, Solampallam, Suramangalam, P. O. Salem-5. (Impleaded as per order of the Industrial' Tribunal, dated 15th Februarv, 1963 in App. No. 59 of 68 irT~T. D. No. 39 of 1966).

(IN T, D. NO. 71 OF 1966)

1. The Secretary, Magnesite Workers' Un:on, P. O. Karuppur, Via. Salem Junction, R.M.S. (Madras)

2. The Secretary, Magnesite National I abour Union, P. O. Karuppur, Via. Salem > Junction R.M.S. (Madras).

3. The Secretary, Magnesite Syndicate Employees' Association, Suramangalam, Salem-5.

4. Th: Secret ry, Salem Distt. Magncsite Labour Union, Suramangalam, Salem-5 (Madras).

5. The General Secretary, Salem Magnesite Employees' Union, 56, Mattu Mariamman- kojl Street, Salem-1.

6. The Assistant Secretary, The Dalmia Magnesitc Corporation Employees' Union, Karuppur P.O., Salem-5. (Tmpleaded as per order of the Industrial Tribunal, dated 13th March, 1967 in Misc. App. No. 88/67).

7. The General Secretary, Salem Distt, Magnesite Thozhilalar Munnetra Sangam, Solampallam, SuramangBiam •'• O.. Salem-5 (Impleaded as per order of the Industrial' Tribunal, dated 15th February, 1968 in App. No. 57/68).

AND

(TN T. D. NOS, 39 AND 71 OF 1966)

1, The Works Superintendent. M/s. Burn and Company Limited, Salem-5 (Madras).

2, The Director, M/s. Salem Magncsite (P) Limited, SaIem-7 (Madras).

3, The Manager, M/s. Dalmia Magnesite Corporation, Salem-5 (Madras),

REFERENCE:

I D. No. 39 of 66 :—

Order V. No. 35/9/66-LRI, dated 21st June, 1966 of the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), Government of India, New Delhi.

1. D. No. 71 of 66 :—

Order F. No. 35/9/60-1 RI, dated 22nd August, 1966 of the Ministry of Labour, Employment and Rehabilitation, (Department of Labour and Employment), Government of India, New Delhi.

These disputes coming on before me for final hearing on Saturday the 17th day of August 1968, upon perusing the references, claim and counter statements and all other

material papers on record and upon hearing the arguments of Thir G. Samuel, President i M T i i r⁰? f TT •" b o th

t hc d l sP "t e s- T h l r tl R- K e n g a s w a m y, G e n e r al S e c r e t a r y, F a i n a ce V "V, or U n i o ns ²' ³ a nd ⁶ in b o th t he deputes, Thiru N. G. R. Prasad advocate ot M/s. Row and Rcddy, advocates for the Union No. 4 in both disputes and the Union F / J£ , d l < ;Pu t cs n ot appearing in person and of Thiru C Doraiswamy, as officer oi the tmployers Federation of South India, authorised representative for the Manage- ment!, Noi. 1 and 3 in both the disputes and M/s. M. R. Narayanaswamy and D. Meenakshi Sundaram, advocates for the management No, 2 in both thc disputes and these disputes having stood over till this day for consideration, this Tribunal made the folio wing.

I. D, 39/66 is a reference by thc Central Government of a dispute between -the employers in ielation to Messrs, Burn and Company Limited, Salem, Messrs. Dalmia Magncsite Corporation, Salem and Messrs. Salem Magnesite (Private) Limited, Salem and their workmen in respect of the matters specified in the schedule. The schedule to the reference is this :

"1. Whether the existing classifications of workmen employed directly in thc worn- shops attached to magnesite mines of Messrs. Burn and Company Limited, Messrs, Salem Magncsite (Private) Limited and Messrs. Dalmia Magnesite Corporation, Salem arc proper 7 If not, what should be their reasonable classifications 7

2(i) Whether the basic wages and dearness allowance paid to the skilled, semi- skilled and unskilled workmen employed directly in the mines and the workshops attached to thc magnesile mines of Messrs, Burn and Company Limited, Messrs. Salem Magnesite (Private) Limited and Messrs. Dalniia Magnesite Corporation, Salem are adequate 7

(iij If not, to what extent and from what date, should they be revised, whethci" the provision for annual increments in their basic wages and whether the dearness allowance can be linked with the cost of living indices ?

3. Whether any part of the dearness allowance should merge with the basic wages and, if so, what should be its quantum 7 What method should be adopted to eliminate the present anomalous practice by which the dearness allowance paid to the same category of workmen varies from person to person ?

4, Whether the wages of thc workmen should have any relation to production

and, if so, what should be the norm 7

i. Whether the scale of basic wages and dearness allowance of the monthly paid employees of Messrs. Burn and Company Limited, Messrs. Magnesite (Private) Limited and Messrs. Dalmia Magnesite Corporation, Salem should be revised? If so, to what extent, indicating the manner of fitrnent and from what date 7"

1. \. D. 71 of 1966 is another reference by the Central Government of a dispute between the employers in relation to Messrs. Burn and Company Limited, Salem, Messrs. Dalmia Magncsite Corporation, Salem and Messrs. Salem Magnesite (Private) Limited, S ilcm and their workmen in respect of thc matters* specified in the schedule to the reference. The schedule is as follows:

"Whether thc existing classification* of workmen employed directly in the magnesite mines of Messrs. Burn and Company Limited, Messrs, Dalmia Magnesite Corporation, Salem and Messrs. Salem Magnesite (Private) Limited, Salem we proper? If not, what should be their reasonable classification?"

T The Unions with different political applications filed separate claim statements. According to union No. 1 the workers have been agitating for a reasonable increase in the basic wages and dearness allowance and for proper classification of workers, since Julv 1965 and raised disputes in 1966. There wasftstrike in June, 1966. Hie existing clarification of the workers is not proper. The present basic wages for all categories of workers are low. At present, an unskilled workman is paid Rs. 1.00, semi-skilled Rs 1 14 and skilled Rs. 1.17. The bask wages were fixed in the year, I960. In the course of these six years, the basic wages of the workers of other industries have been considerably increased- "LWion No. 1 wants a rev Wo nof wages as hereunder:

A"nual increments

Rs. Rs.

, . , . , ,,

2 CO ' 0'2O

2.So O.25 , .so o. ^j Unskilled Scmi-skilleJ • •Skilled . '

per day and a portion of the dearness allowance to be merged with basic wages. It also prays that the clearness allowance may be fixed at 0.19 pawe per point over 100 points of cost of living allowance. The basic scales of monthly rated employees should be revised as Rs. 60/-, Rs. 75/- and Rs. 105/- for unskilled, semi-skilled and skilled workers respectively. All the clerical staff shall be started on Rs. 105/- basic salary per mensem. The annual increment of other employees who are drawing more Tfian Rs. 105/- basic salary at present should be fixed at Rs. 15/- per mensem. The dearness allowance for all the monthly rated employees shall be fixed at Rs. 0.19 per point over 100 points on cost of living index with effect from 26th December, 1965.

4. Union No. 2, Magncsite National "Labour Union, filed a claim statement and its demands are as hereunder regarding basic wages and dearness allowance.

D.A. Present wages & D- A.

Wages per day.

Rs.

Rs.

1-37 1-19 T'OO

1-92 1-31 O-7T Skilled. Semi-skilled Unskilled

The existing basic pay and dearness allowance should be clubbed together and treated as basic pay; increment should be given to the skilled, "semi-skilled and unskilled workers at the rate of 25 paise, 19 paise and 15 paise respectively per day with the basic pay for every year of service and dearness allowance calculated on the baaia of cost of living index and should be paid at the rate of 25 paise per point over 100 of the Madras City cost of living index with effect from 1st January, 1965.

5. Union No. 3 has made a demand for revision of pay scales in the claim statement wherein it is stated that the company has capacity to pay even Rs. 370/- per month to the clerical staff. The following grades end scales of pay are prayed by the Union:

Special Grade : 1. . .. 300—25—500—EB—30—goo.

for Mines Surveyer, Foremen of Mines and Factory

Senior Accounts Clerk (Section Head).

Special Grade a, . . .. 250—20—450—EB—25—600.

for Qualified Chemist, Qualified Senior Accounts Clerk, Senior Supervisors (Factory and Mines), Civil Overseer, Store-Keeper.

Grade: A

200—15—350—EB—20—510,

Senior Stenographers, Senior Clerks, Junior Supervisors (Factory & Mines), Asstt. Store keeper (including Provision stores and canteen).

Grade : D

T5O—10—EB—15—340. Junior Accounts Clerk, Comptist, Junior Stenographers,, Senior Typists Testers., Heavy Duty Drivers, Compounder.

Grade: C

roo—10—200—EB—15—290. Junior Clerks, Light duty drivers. Works Miuistrys, Dispensary attenders.

Grade! D

60—5—no—EB—7 1/2—155. Peons, Creche

Attendants.

Cintcen Statf : Grade 1 . . 60—5—110—EB—7 1/2—155. Chief Cook.

Grade 2 . . 45—5—95—EB—6—125. Asst. Cook., Grinder. Grade 3 . . 40—5—90—EB—6—120 Suppliers.

The pay scales demanded by Union No. 4 are : Unskilled: . . . (I) Rs. 1-50 .. 10 Ps. — 2 00 (II) 1-25 — 7 Ps. — 1'60

Semiskilled . .. 1-54 — 15 Ps. — 2 29

Skilled : . . . (I) 2-50 — 3°Ps. — 4"00 (II) 2-25 — 25 Ps. — 3'75 (III) 1'97 — 20 Pa. — 2'97

The deamess allowance demanded is at the rate of 22 paise per point of cost of living index over 100 points with effect from 1st July, 1965 and it should be Unked with the cost of living index. The Union also demands that 30 per cent of the dcarness allowance paid to the workers should be merged with the basic wages.

6. In the claim statement of Union No. 5, it is stated that a revision of scales should be effected in the scales as follows:

R e v i s i on of g r a de

Category.

r e q u i r e d. Non- clerical S.No.

i Watchmen, Runners., Ayahs, Domestic and other unspecified unskilled workers. . . . . . . .. Rs. 40—3—70

2. Watch & Ward Sergent, Peons, Loading Mares> Cleaners, Helpers, Midwife, Compounder and other unspecified semi-skilled workers. . . . . . . . . ..

Rs. 50—5—100

3.

Rs. 60—7 1/2—135 G r a de II D r i v e r s, M a i s t r i e B, E l e c t r i c i a n, F i t t e r s, M e c h a n i c c s, M n o n s, C i r p e n c e r s, W e l d e r s, B l a c k s m i t hs a nd o t h er u n s p e c i- fied s k i l l ed G r a ds II w o r k e rs . . . . ..

G r a de I of c a t e g o r i es g i v en in i l em 3. . . ..

Rs. iio^K—160 4-

Clerical & Supervisory.

Ra. 90—10—190 i. C'erkij Supervisors & Overseers Grade C. .

Rs. 120—12—240 2. Clerks, Supervisors & Overseen Grade B.

Rs. 180—15—330 3. C'efks, Supervisors & Overseers Grade A. .

The dcarness allowance should be such as to neutralise the rise in the cost of living. For full neutralisation of the rise in the cost of living, a sum of 30 paise will be required per point, Therefore, the total emoluments for full neutralisation for the lowest unskilled category is Rs. 210/-. The minimum basic wage demanded is Rs. 40/-.

7. Union No. 6 has alleged in its claim statement that the existing basic wage and the deamess allowance of various categories should be merged" and treated as basic wage, and that an increment of 25 paise, 19 paise and 15 paise per day for skilled, semi- skilled and unskilled workmen, respectively, should be granted, and that the dearness allowance should be calculated on the basis of cost of living index and should be paid at the rate of 25 paiso per point over 100 of the Madras City Cost of living index with effect from 1st January, 1965. It also wants the existing deamess allowance to be merged with the basic wage of each worker. The practice all along had been not to HnV wages to production and since production is controlled by serycral factors of which labour is only one, there should be no change in the existing practice.

8. Union No. 7 (Salem District Magnesite Workers' Progressive Union) impleaded ut a very late stage has filed a claim statement and its demands are these : T]ie revised scales of basic wages and increment arc to be as follows:

Minimum daily basic wage.

Maximum daily basic wage.

Annual increment in terms of daily wages.

Rs.

O ' lO

Unskilled :

Rs. 1-50

Rs. 2-50

Semiskilled; . . . . . . . . . 2-50 0-15 4-00

O'2O

Skilled:

4-00

5-oo

Special Skilled:

6'00 0-25 ' 8-50

SEC. 3(it)] THE'GAIZETTEOFTMJIAV ti&W&ti&L ^ W / J ^ T T C A i e, itio'§ofo

It also demands that the fixed deiirness allowance upto the first 500 points shall be Rs. 80/- and thereafter, for each point in excess, dearness allowance of 0-30 pais,e should ' be paid. This should take effect from 1st January, 1967.

9. Messrs. Burn and Company filed a counter statement. The contentions in the counter statement are these : The establishment of the company at Salem consists of the magnesito mines, light calcination plant and the refractory works, The establishment was taken over by Burn and Company in 1958 from its previous owners and the refractory plant commenced production in 1963. Part of the light calcinated magnesite is exported out of India. For some years past, the Company has had to face severe mtcrnationiil coimpetition from other countries like Greece and Yugoslavia. Caloined Magnesitc is also made in England and America from sea water magnesite. In view of the said competition any further increase in the selling price of these products is likely to result in Indian Magnesite losing its international markets. The company's customers have already been agitating for a leduction in the price of calcined majjneSile and, as it is, the business is carried on at a loss, but the company has been continuing the same duo to the fact that the exports earned some foreign exchange for the country.

10. In recent years there has been a gradual and steady rise in the cost of production of crude magnesite, calcined and refractory products and such increase has made it increasingly difficult for Indian mdgnesite to compete with major producers in other parts of the world. In a desperate attempt to reduce the cost of production, the company has been appealing to its workmen market whereas the cost of production has gone up steadily and is still going up. With the devaluation of the rupee, certain benefits of tax credit and cash subsidy have been withdrawn and the devaluation is likely to substantially increase the cost of spares for the machinery which have to be imported as also cost of any machinery which has to be imported,

11. The mining of Magnesite is essentially a labour incentive industry because the recovery from the mines is only in the order of 6 to 7 per cent. This means that for every 100 tons of rock blasted and shifted the Company can only hope to get about 6/7 tons of Magnes'te on jn average- There are no workshops which arc attached exclusively to the mines. The establishment has a Central Engineering Workshop whicfe is common to the mine and the factory. It is denied that the classification of the worker* existing at present is unsatisfactory or needs any revison. As regards basic wages find dearness allowance paid to the different cateeories of workmen, it it stated in the counter statement that the company is paying the highest wages in this industry to its workmen in the region, The company will not be able to bear any increase in its wage bill. If the increase is held to be necessary, it should be conditional on an increase in production or, at any rate, (he workers must be lequired to work the norms already fixed for this company by independent industrial consultants.

12. The settlement of 9th July, I960 is referred to. That settlement was to be in forcu for a period of 5 years. According to the settlement, the minimum wages of Re. 1/-, Rs. 119 and 1.37 were fixed for the unskilled, semi-skilled arid the skilled categories respectively. Under this settlement, to the total wages of the workmen .in ad hoc sum of 19 P. was added and out ol the total the WBges mentioned abovp was treated as the basic wages and any amount over aud above that was treated as dearness allowance. This company as also the other two companies in this industry agreed to pay to each workman as additional dearness alow

13. The company's financial position is not such as to Justify the merger of any portion of the dearness allowance with the basic wages but the company has no objection to the payment of a uniform dearness allowance subject to the condition that any sum now paid a-, dearncss allowance which is in excess of the dearness allowance to be fixed by this Tribunal may be treated as special personal allowance, because this is the only method by which additional financial burden on the company could be avoided. The cost of production has increased considerably due in the main to the recalcitrance of the work- men to sive a fair day's work. In (he case of this company, pursuant to the agreement dated 4th May, 1965, the manapement and Industrial. Consultant* (Private) Limited, Bangalore conducted work studies. Durinfi the course of the work study, the representa- tives of the Unions were also associated with the said study. On completion of the work study, the consultants submitted their report flxirin the work norms. The dates for implementation were also fixed for the works and mines.

14 On behalf of the mdnthly paid employees, only two unions have made claims and *he Unions are the Magnesitc Workere' Union and the Magnesite Syndicate Employees

Association. The wages of the monthly paid staff of the company as also the desrncM- allowance are not only fair but compares favourably with the wages and clearness allowance paid by other employees in this industry. The basic scales of pay for the monthly paid staff was revised on 18th August, 1960 and substantial increases were given in the new grades and scales of pay and dearness allowance. This agreement was to be in force for a period of 5 years from 18th August, 1960; but on the representations made by the staff during 1962, the matter of dearness allowance was again gone into and after discussion with, the representatives of the Staff Association a revision in dearness allowanco was agreed to and settlement was arrived at on 4th February, 1963, the resvised dearness allowance taking effect from 1st September, 1962. A further ad hoc revision of allowance by Rs. 11/- was paid to the members of the staff, sub-saff and maistries with effect from 1st March, 1965, at the intervention of the Regional Labour Commissioner. The scales of pay demanded by the Unions are not only high but fantastic. Equally fantastic is the claim for dearness allowance.

• ?⁵' Tu⁶ ^ em Magnesite (Private) Limited, Salem filed a separate counter statement raising the following contentions. The company carries on the business of excavating magnesite from the mines, processing them and exporting the calcined maanesite to places out oi India i-or some years past, the company has had to face severe international competition from other countries like Greece, Yugoslavia. Manchuria and Austria; Calcined Magnesite is also made In England and America from sea water magnesite and such synthetic magnesite is also offered in international markets. In the mines there are roughly about 2250 workers and in the factory the total strength is approximately 370. It is in the factory section that there is a small workshop in which about 13 persons arc employed.

16. The present emoluments such as basic wages and dearness allowance that are being paid to the employees, have been evolved as a result of a series of agreements and settlement between the company and the trade unions representing the employees. On 9th September, 1960, an agreement was reached by which the minimum rale of Re. 1/-, Rs. 1.19 and Rs. 1.37 were fixed for the unskilled, semi-skilled and the skilled categories, respectively Under this settlement, to the total wages of the workmen an ad hoc sum of 19 P. was added and of the total, the wages mentioned above wcro treated as the basic wages and any amount over and above that was treated as dearness allowanco, Th" company has also agreed to pay each workman as additional dearness allowance a. sum of 75 paise for every slab of 10 points in excess of 462 points. This settlement was lo be in effect for 5 years. Again on 23rd October, 1962, the company agreed to give annual increments in dearness allowance at the rate of 13, 9 and 7 paise per day to the skilled, semi-skilled and unskilled workers who got these increments during the years 1962, 1963 and 1964. Further on 4th May, 1965, the company entered into an agreement with the workers to give an ad hoc rise in the total wage of 23 P. per day which was to be treated as a Special Allowance. In a desperate attempt to increase productivity, the company offered to the workmen to pay one day's wages for every six continuous days of attendance in the week. But even that has not increased the productivity of the workmen. The wage scales and dearness allowance demanded by the Unions are unrealistic and fantastic,

17. In its present financial condition, the company will not be able to bear the burden of an incremental wage scale. The increase of dearness allowance even to 19 paise per point would throw an addtional burden of Rs. 22 lakhs on the company, which it cannot bear. The present financial position of the company will not justify any increase in the basic pay. The company has no objection to the payment of a uniform dearness allowance, subject to the condition that any sum now paid as dearness allowance which is in excess of the dearness alowance to be fixed by this Tribunal may be treated as special personal allowance. On the question whether the wages of the workmen should have any relation to production tha contention ot the company is. that the reference of this issue is unwise and impolitic'. Even though an incentive was offered, there was no increase in the pro- ductivity.

18. The service conditions of the monthly rated staff employed by the company are governed by more then one settlement entered into between he company and the Salent Magnesite Employees' Union. After referring to the settlements, it is stated that the service conditions of the monthly rated staff are governed by binding and enforceable agree- ments entered into between the company and the representatives of the employees, and the workmen are not entitled to ask for any revision of the wage scales. It is stated that if the claim is to b" oonoodwJ. tho company would bo put to an additional financial expenditure of Rs. 12,500/- per month or Rs. l,50,0Q0/- per year.

19 The management of Dalmia Magnesite Corporation has raised the^ followingconten- tions in the counter statement. The business at Salem wM started In the year 1959 and t h o u gh magnesite has an export market, the international price for this p r o d u d i s l ow and it is difficult for Indian exporters to compete in the world market In t h e ' y e a r l y. to keep the factory eoini and avoid accumulation of stooks exports of dead Tjurnt magnesite

were made but a loss of about forty rupees per tonne was incurred. In 1963, the company"* factory had to be closed tor about 100 days due to paucity of orders and although tho company has been making a profit, the competition is likely to bo further increased, particularly by reason of proposal of the Utter Pradesh State Government to establish a unit at Almora for mining and manufacture of dead burnt magnesite. Further, due to the increase in the cost of production, the severe competition that the industry ia facing and other relevant factors, the time is not opportune for the upward revision of wage scales or dearness allowance and imposing on the industry any additional financial burden. By a settlement on 4th May, 1965, each workmen was given an additional 23 paise per day which, in terms of the said settlement, was treated as a special allowance. The increases in wages from I960 to 1965 are set out below:

SKILLED

SEMI-SKILLED UNSKILLED

2 - 7 - 60 . , . . . o - i g / d ay

0-19/day o-19/day o-o8/day O'oS/day O-33/day

1962 . . .. o - 2 5 / d ay 1963 . . .. o - r o / d ay 1964 . . .. o - i o / d ay 1965 . o - 2 3 / d ay

0-19/day o-ij/day 0•06/day O'O6/day 0•23/day (ad hoc i n c r e a s e ).

20. In the case of this company, the. dearness allowance was fixed at a maximum of Rs. 1.50 per day and anything above that was added to the basic wages. Although the said agreement was in force for a period of five years, even on 31st July, 1962. a settle- ment was reached between the company and the workmen by which the dearness allowance was further incereased by 15 paise, 19 paise and 25 paise per day for tho unskilled, semi- skilled and skilled workmen, respectively. The said dcarness allowance was further increased in 1963 and 1964 by 6 P., 8 P. and 10 P. per day for the unskilled, semi-skilled and skilled workmen. Apart from the aforesaid dearness allowance, which was referred to as fixed dearness allowance at 0,75 P. for every slab of 10 points above tho Madras Cost of Living Index 462. The amount of such variable dearness allowance at present is Rs. 14.25.

21. No reasons have been given by the workmen as to why any portion of the dearness allowance should be merged with the basic wages. In any event, that portion of the fixed dearness allowance in excess of Rs. 1.50 per month has already been added to the basic wages of the workmen and no further merger is necessary or called for. No union is prepared for the linking of wages to production. Even assuming that due to the peculiarity of the industry such linking of wages to production is difficult, the company understands that norms havo been fixed on modern scientific methods by experts after taking into account all the relevant factors. With reference to the issue relating to revision of the wage scales and dearness allowance of monthly rated employees, the company is in no way concerned and in fact no demand has been made by any of the Unions on this company.

22. In the rejoinder statement filed by the Magnesite Workers'^ Union, it is denied that any further increase in the selling price of their products is likely to result in Indian Magncsite losing its International Market. Trie classification of the various categories into skilled, semi-skilled and unskilled is not correctly made. _ A revision is necessary to flt in tho various categories into these three groups. The Umdn has no objection to link the wages to production in respect of such of those categories where it is possible to do so. The present position with regard to wages and dearness allowance paid to the workers of the three categories is anamolous, Any increase in wages should be given effect to from the date of the demand or at least from the date of reference.

23. As regards the norms, it is stated that it has been admitted by the Management that in spite of the incentives offered, they were not able to reach the high norms fixed. The demand of the company that the norms laid down should be implemented as a con- dition precedent to any consideration of the revision of wages is not workable.

24. In regard to management No. 2, it is stated by the Salem Magnesite Worker** Union that since the settlements regarding wages etc., were made for the workers in mines and factory, the classification of various categories of workers in this establishment into skilled, semi-skilled and unskilled should bo correctly made taking into consideration tho degree of skill required for each catcpory. Therefore, a revision would be necessary 10 fit them into these three cnteporics. It. is denied that the wages paid would compare favourably with tha wages in the other companies in this region. The management is put to strict proof of the allegation that (he expenditure by way of wages and deamess allowance

is proportionately high and that tho profit!, are very ricgligiblo. The demand is 19 praise per point which represents only 63 per c'^nt neutralisation of the rise in the cost of living This is after all an incentive for regular attendance and unrelated to the productivity of the workmen.

'

,

, ^ 5. The palmia Ma,gnesita Workers' Union, filed a separate rejoinder in regard to the CWfterttjojis of ^lprjagement No. 3. the Daimia Magncsite Corporation, Salem. It is similar to the pther jyvo rejoinder, statements, in material respects. It is admitted fhat tho wages have been, steadily inci eased in terms of money. Further increase is possible and necessary^ The present classification is not correct. The Union states that as tho clearness allowance demanded, represents only 63 per cent, neutralisation of tho rise in the cost of living it is necessary to merge a part of the dearness allowance with the basic wage's. The naturc- of the industry is such that no norm can bo fixed so far as the mines are concerned because the production will depend upom the nature of the soil, the depth at which the magnesite is found, the nature of the seam, the percentage of magncsite etc. But so far as factories and workshops ara concerned this union has no objection for fixing reasonable norms.

26. The Salem Magnesite Employees' Union filed a rejoinder statement. According, to it, the agreement dated 1st October, 1965 contains" a clause for reviewing the dearness allowance after one year from 1st July, 1965 or any time thereafter if the cost of living index number applicable to Madras goes above 650. It is admitted that a formal notjeo of termination has not been given under section 19(2) in writing. But it is contended that when a dispute is raised in respect of the issues covered by a settlement after the expiry of the period mentioned in the settlement, it amounts to a termination of the settlement. The revised scales asked for are not exorbitant.

, 27. I. D. No. 71 of 1966 refers to the dispute relating to the classification of workmen emplpyed in the mines. The matter referred to for adjudication is whether the existing classifications of workmen employed directly in the magnesite mines of Messrs. Burn and Company Limited, Messrs. Daimia Magnesite Corporation, Salem and Messrs. Salem Magnesite (Private) Limited Salem are proper 7 If not, what should be their normal 9lassification ?

28. Union No. 2. the Magnesite National Labour Union, filed n claim statement. According to the claim statement, the existing classification of workmen into various categories is unsatisfactory. If a comparison is made of the position existing in the mines at Salem with the other mines in the other Branches of Burn & Co., at Raniganj, Jubbulpore, etc. the classification is not satisfactory. The classifications in all the branches should be made uniform.

29- Union No. 4, the Salem District Magnesite Labour Union filed a claim statement, It is stated therein that the Union has Died a detailed statement of claim in l.D, No. 39- of 1966 and in the annexure thereto has mentioned the particulars of the classification demanded.

30, Union No. 7 filed a claim statement giving a classification of unskilled, semi-skilled and skilled, specially skilled of workmen and staff grades I and II and a separate grado of technicians.

31 The managements Nos. 1 and 3 filed counter statements adopting the counter statements filed in l.D. No. 39 of 1966.

32. The issues for consideration are tho matters referred to this Tribunal for adjudication, as given in the Schedules to the references and they are as follows:

33. Issues in l.D. No. 39 of 1966

1. Whether the existing classifications of workmen employed directly in the workshops attached to magnesite mines of Messrs, Burn & Company Limited, Messrs. Ealem Magnesite (Private) Limited, and Messrs. Daimia Magnesite Corporation, Salem arc proper ? If not, What should be their reasonable classifications ?

2. (i) Whether the basic wages and dcarrtess allowance paid to the skilled, semi-skilled and unskilled workmen employed directly in the mines and the workshops attached to the magnesite mines of Messrs. Burn & Company Limited, Messrs. Salem Magncsite (Private) Limited and Messrs. Dslmia Magnesite Corporation, Salem are adequate ?

(ii) If not, to what extent and from what date, should they be revised, whether with provision for annual increments in their basic wages and whether the dearness allowance can be linked with the cost of living indices ?

3 • Whether any part of tho dearoess allowance should merge with the basic wages and, it so, whet should be its quantum ? What method should be adopted to eliminate the

present anomalous practice by which the dearness allowance paid to the same category of workmen varies from person to person 7

4. Whether the wages of the workmen should have any relation to production and, if so, what should be the norm 7

5. Whether the scale of basic wages and dearness allowance of the monthly paid employees of Messrs, Burn & Company Limited, Messrs. Magnesite (Private) Limited, and Messrs. Dalmia Magnesite Corporation, Salem should be revised 7 If so, to what extent, lhdicating the manner of fitment and from date 7

34. Issue in I.D. No. 71 of 1966 :

Whether the existing classifications of workmen employed directly in' the magnesite mines of Messrs. Burn & Company Limited, Messrs- Dalmia Magnesite Corporation,, Salem and Messrs. Salem Magnesite (Private) Limited, Salem are proper ? If not, what should be their reasonable classification ? -

35. Both the Industrial Disputes were tried together and they,can be.disposed of by a common award.

i6. At the request of the parties I inspected the mines and factories on 21st November, 1967 in the presence of Mr, Ganesan, the Manager of Dalmia Magnosite Corporation, Mr. M. R. Narayanaswami, the learned advocate appearing for Salem Magnesito' (Private) Limited and Mr. C. Doraiswami, the learned advocate appearing for Messrs. Burn & Company, Limited and Dalmia Magnesito Corporation. During tho Inspection of the factories, Mr. N. G. R. Prasad, Counsel for Salem Magnesite Labour Union was also present. Mr. G. Samuel and the representatives of tho other Unions were present, except Union No. 7. The managers of the three companies took me round the mines and •the , factories and explained to me the working" patterns in the mines and in tho factories. The Union representatives also explained the work at the various places in tho factory and mines. With the co-operation of the parties, it was possible for me to finish the inspection of all the three mines and factories in one day. It was not considered necessary to record my observations on the nature of the work of the workers in the mines and factories as the assessor appointed for the purpose of classification of jobs had already commenced his work,

37. Issue 1 in t.D, 39 of 66 and the issue in I.D. 71/66 :

This issue relates to the classification of workmen employed directly in the workshops. Mr. Mariappan, of the Madras Productivity Council was appointed assessor for the purpose of classifying the different categories of jobs in the three companies. He has filed his leports. Later he filed a report clarifying the various points and answering the objections raised by the Unions and managements on job classifications in the three mtrgnesite companies of Salem. He has also filed a uraph for the purpose of easy reference, indicating the point ranges.

38- Mr. Manappan had preliminary discussions with the managements and unions to arrive at a general outline of the methodology. The recording of the four major factors in 10b evaluation, namely, skill, effort, responsibility and job conditions was done in the presence of the management's representatives. The job valuation plan adopted by the assessor is a points system. The basic steps involved arc :

(a) Selection and definition of the factors needed to measure a particular ranee

of jobs,

(b) determination and definition of degrees for each factor, (c) determination of the relative point values to be assigned to each factor and to

each degree of each factor, and

(,d) evaluation and classification of jobs.

The details of the job evaluation plan are given in annexure II to the report. Annexure I gives the job classifications. The reports of job classification were submitted and filed into court by the Assessor after the completion of the work. Certain clarifications were sought for by the parties. The clarifications sought for related to (I) Selection of Factors; (II) Weightagc for each factor; (ITT) Degrees for each factor; (IV) Separato Plan for factory and mines; (V) Detailed clarification of evaluation; (VI) Inadequate job descrip- tions; and (VII) Fixing up point range and more number of classifications. The classifica- tion was done in a job evaluation plan after taking into consideration 4 factors: (1) Skill, (2) Effort, (3) Responsibility, and (4) Job Conditions. In considering 'Skill', fa) Education, (b) Experience, and (c) Initiative and Ingenuity were taken into consideration. In considering 'Effort', the physical demand and mental or visual demand were taken into consideration. In considering 'Responsibility', (a) Responsibility for equipment or process, (b) Responsibility for material or product, (c) Responsibility for safety of others, and (d) Responsibility for work of others have been taken for consideration. In considering

the 'Job Conditions', (a) Working Conditions and (b) Hazards have been taken into consideration. Then, weightage for each factor has been given and there aro different weightages for the four major factors for U.S. Steel Plant. The ieferences followed by the Assessor are (1) Industrial Engineering Handbook, and (2) American Management Association Handbook. It is pointed out by the assessor that the activities carried out in mines and factory are almost similar- The general job conditions and job descriptions for many jobs m the factory and mines are more or less similar. In minea workers arc performing their work in open sun and in factory they are working in hot regions, for example, kilns. Higher degrees or more points on the same factor for different jobs performed at factory or mines were given according to the job conditions and job descriptions.

39. From the clarification report it appears that the workers were interviewed by the assessor at the workshop and job description was recorded in the presence of the manage- ment and union representatives and wherever possible, both of them had clarified the job description. Finally the agreed version was explained to the workers for checking the accuracy and comprehensiveness in respect of more than 90 per cent of the main and important details of the works. The assessor considered the objections raised by the managements on the job descriptions of the workers in the mines, maistries, boiler attendants, electricians and shot flrers.

40. Regarding fixing up of point ranges and classification of jobs, the clarification report of the assessor is to the effect that the ranges were fixed where there was a clear gap between two cluster of jobs. There is a wide gap between 160 and 170, 210 and 220 and 235 and 245 points. Taking the middle point of the variation in the points, 165 was fixed for unskilled jobs and 215 was fixed for semi-skilled and so on. These were also substantiated by evaluating some of the existing jobs not involved in dispute. The assessor has pointed out that a further division of the unskilled category on the basis of work performed by the male and female workers is not possible. In tho clarification report, the assessor has also given the work of each category of workers.

41. The workers' representatives contention is that the point ranges fixed by assessor for Grade III are high and there should be a reduction in the point ranges for tho skilled, semi-gkilled and unskilled categories. Some of the union representatives want 100 points to be fixed for unskilled worker, 150 for semi-skilled worker and over and above 150 lor the workers classified as skilled. This reduction sought for has no basis. The work of classification was done by an expert with the assistance of his assistants of the Madras Productivity Council and the Assessor has given valid reasons for tho classifications, which were based on the observations and enquiry into the working conditions of the workers both in the mines and in the factories. In my view, the report should be accepted and adopted for the purpose of job classification, both in the mines and in the factories.

42. It is brought to my notice that certain workers have been affected adversely by the classification, of the assessor and if the classification is accepted, it should be made clear that the classification of the jobs by the Assessor would not affect Ihe present category of such workers so as to deprive them of their present monetary benefits. It is represented by some of the workers' representatives that the posts down-graded by the Assessor may affect 56 persons in Burn & Company. I direct that such workers will continue in the present classification and though they are classified as unskilled by the assessor they will continue in their present classification. If they are getting any special pay, it will be continued to be given to thorn without changing their present classification. Their present emoluments will not be affected in any manner. In Salem Magnesite Corporation, only one person is affected and he should continue to be a semi-skilled workman as at present. Daimite firer is the only workman in Dalmia Magncsite Corporation affected by the classification. He will continue to be a skilled workman. There is no such worker in Burn & Company. In Salem Magnesite also there is no such worker of that description.

43. So, in the circumstances, the job classifications given by the Assessor for the factories and mines as set out in the annexurcs A to C of this award are accepted and adopted subject to the condition that the down-grading of certain jobs by the assessor in the companies will not affect the present incumbents in those jobs, and only the future incumbents will be governed by the job classifications as mentioned above. Issue 1 in I.D. 39 of 66 and the issue 1 in I.D- 71 of 66 arc found accordingly.

44, Issue No. 2 in f.D. 39 of 66 :

On behalf of the managements it is contended that the industry is facing severe competition from foreign countries, that on account of the competition of foreign countries it is not possible to sell the exported products at reasonable profit and that any increase in the wage bill is not possible without increasing the cost of production. Tn view of the conditions prevailing in the foreign market, the companies are prevented from raising the prices of the products exported to foreign countries and those factors have to be taken Into consideration before any revision of the pay scales is ordered. In this connection, it is necessary to refer to the evidence of Mr. Marwah, the Deputy Genera! Manager,

Burn & Co. Refractories and Ceramics, Calcutta. Examined as M.W.-l he referred to the exports to foreign countries and the competition faced by these magnesite companies from the foreign countries in recent years. His evidence is this: Burn & Co,, Salem started manufacturing bricks in 1963. Magnesite is light calcine and it is sent for export or internal consumption. The other process is manufacturing oricks out of magnetite. Light inagnesite product is exported and the export of it is about 60 per cent.

45. The export business has decreased in recent years. Magnesite Syndicate Ltd., London is the company which secures orders for export to different countries. One of the causes for decrease in export is that the prices of the companies are high compared to other competitors in other countries. If the labour implements the norms then it may be possible to reduce the cost of production. In some sections the norms have been implemented and in the other sections due to reluctance on the part of workers, tho norms have not been implemented.

46. In recent years, there is competition from Greece, Turkey, Tasmania and Spain. In very recent months, the competition has come from China. Ex. M-29 is tho letter which refers to competition from China. Magnesite Syndicate Limited, London informed Messrs. Burn & Company Limited about the competition in England and Europe from Chinese Magnesite. In that letter it is pointed out that the prices of the Chineso material have been ridiculously low and it is thought that the exporters are being heavily rubsidised by the Communist Government. The description of the material is also given in the letter. The Chinese product was offered at £ 30 per long ton against the price of the companies at £39/40 per tonne, including freight and all other items. It has been pointed out that it looks very much as if the Chinese will now capture the New Zealand market unless the companies can prevent it by substantially lowering prices and even if that is done, there is no guarantee that the Chinese will not in turn reduce even more- Ex. M-30 is another letter referring to the competition from China and Spain. Spain has started making synthetic magnesite from sea water and Spain is offering competition to Indian products. Ex. M-31 refers to the competition from Spain. Ex. M-32 is a letter from the Magnesite Syndicate Ltd., London offering his view with regard to selling the product at a low price. Ex. M-33 is a letter from the Magnesite Syndicate Limited to Messrs. Burn & Co. Limited. Ex. M-34 and M-35 are copies of letters from Messrs. Burn & Company Limited. Ex, M-36 is a letter making enquiry from Italy and Ex. M-37 is the office copy of the reply by the company.

47. According to Mr. Marwah, before devaluation, the companies were getting subsidy from the Government for export and after devaluation they did not get the subsidy. Ex. M-38 is a copy of (he letter to the Secretary, Ministry of Commerce. Ex. M-39 is copy of another letter received from Magnesite Syndicate, London. Ex. M-38 is a letter from the Chemical & Allied Products Export Promotion Council, Work! Trade Centre, Calcutta regarding Tax Credit Certificate on export of Calcined Magnesite. The Council has pointed out to the Government that tho additional expurts visualised will not be forthcoming, unless the losses incurred on export are fully met and exports made a remunerative proposition It is also pointed out that even in terms of the 1963 costs the loss on export has not been bridged fully by the present incentive. It is pointed out that certain incentive; should be the minimum requirement's of the industry to break even and undertake exports without even a proper return on capital. Ex. M-39 is a copy of another letter from the Magnesite Syndicate Limited, London to Messrs Burn & Co. Limited, Calcutta. In lhat letter there is reference to the foreign competition nnd the relevant portion is this : 'It has indeed only been tho fact that your competitors have so consistently in recent years supplied the lower grades of magnesite seriously below your F.O.B. costs to us, that we have not for the last year and more been able to find markets for your service grades, Whilst we are, of course, most grateful to you for agreeing to deduct by 10 per tonne your F.O.B. price of Service grade, we arc doubtful in view of the present serious competition if even this decrease will drastically improve sales of this material. We are, however, at the moment actively engaged in sounding the market for 1966 on the basis of this lowering of F.O.B. costs by 10 per tonne and will revert as soon as possible. There is reference to the competition from synthetic producers in that country for this grade of material, but in any case wo doubt that for this grade we could obtain any increase over the present price of £17-7-10 d. per tonne, though naturally we will do our best to do so". Ex. M-40 is the letter from the Maimesile Syndicate Limited, London to Messrs. Burn & Co. Limited, Calcutta stating that they will be able to order from the company Service grade material at the rate of 7,500 tonnes per annum at the reduced prioc of £ 11-14-4 d, Ex. 41 is another letter from Messrs. Burn & Company Limited to the Secretary, Chemicals & Allied Products, Export Promotion Council, Calcutta, referring to the letter of the company to the Secretary, Ministry of Commerce, stating that in order to regain the foreign market, it is imperative that he price should be reduced by £1-0-0 d. per^ onrie which approximately works out to be Rs. 13-28 uncovered loss. Foreign competition is also referred to. Messrs. Burn & Co. also pointed out that they wcro exporting the major portion of calcined magnesite to the extent of 65/70 per cent of Indian export; but as a result of their increase of price with effect from 1st January,

1964, they had lost business and their share of export trade in calcined magnesitc has been reduced. Ex. M-42 refers to competition of synthetic material in Europe. There is also reference to the exploitation of a mine in Turkey, which is at present producing 1,000 tonnes per month ol calcined material of a good quality. This Turkish development is perhaps the most serious as there are plans in that country to provide for the erection of a flew kiln with an output of 30,000 tonnes of dead burnt material per annum. Ex. M-43 is a letter addressed to Mr. D. R. Subramaniam of Messrs. Burn & Co. Limited jy the Magncsite Syndicate Limited, London. That letter refers to granular term of synthetic magnesite, which apart from its cheapness, was favoured by the buyers because of its physical form and good storing qualities. Ex. M-44 refers to the competition iiojn. the Spanish magnesite of granular material. Ex, M-45 refers to the competition from South Africa of Crude Magnesite, which has buyers. There is reference to the fact that the prices there being completely uncompetitivc. • Ex. M-46 ;s another letter addressed to Mr. K. N, Marwah by the Magnesite Syndicate Limited. The letter refers to the SDanish competitors. The relevant portion in the letter is: "I agree cnthely with what you" write about prices, and that with the prices we told you, you would be giving a reduction ol &i per tonne. Unfortunately the lacts are that the prices wo told you are the prices at which the Grecian and Spanish material arrives in this country. We would like .to Ret better prices and will endeavour to do so, but doubt that we can get very much more than what titir competitors are charging. The jnagnesite products are facing sovcre competition from foreign countries whose prices are lower".

48. According to the evidence of Mr. Marwah, in most places symhetic magnesite is used as substitute because it is cheaper than natural magnesite and is alio purer. 'PulimV bricks is a substittite for the magnesite bricks used in some of the steel plants. When the rupee was devalued, the tax credit and reduced railway freight concession, in furnace oil concession and subsidy were taken away. Prices of imported capital equipment and Spare parts went up by 60 per cent. Furance oil price increased by 20 per cent because of devaluation. When the pound was devalued, the income of the companies was reduced by 15 per cent without any benefit. Mr. Marwab, visited England nr?d Germany recently to study the market conditions in those countries. If with the present prices the companies cannot compete them with increase in prices, they may los; overseas market. The commercial aspects, according to Mr. Marwah, are common to Salem Magnesite and Dalmia Magnesitc Corporation. Light calcine products are manufactured and exported by Burn & Co. and Salem Magnesite Corporation.

49. On behalf of the workmen, it is urged that no industry has the right to exist unless it is able to pay its workmen at least a bare minimum wage. In the decision of the "Express Newspapers Ltd. Vs. Union of fndia" 1961 I L.L.J. 339, the three concepts of the minimum wage, fair wage and living wage have been examined and it has been pointed out that the content of the said expressions is not fixed and static, it varies and is bound to vary from time to time.

50. On behalf of the managements, it is contended that for the payfnent of a fair Wage as for a living wage, the financial capacity of the industry is undoubtedly a relevant consideration and in support of its contention, the decision in "Lipton Ltd, Vs. Their Employees" 1959 1 L.L.J. 431 has been relied upon. According to the decision, in determining the capacity of the industry to pay, it would be wrong to take the capacity of a particular unit or the capacity of all industries in the country. The relevant ci'tenon should be the capacity of a particular industry in the specified region and, as far as possible the same wages should be prescribed for all units of that industry in that region. The industry-CMm-rcgion basis is the criterion in fixing of wages.

51. One of the Union representatives pleaded for adoption of the scales fixed in Belpahar Refractories, situate in Salem. On behalf of the managements it is contended that the pay scales of Belpahar Refractories cannot be adopted and that if any uniformity is needed it should only be with regard to the 3 companies concerned in this dispute. Further, it is pointed out that Belpahar Refractories is a Tata concern. T. P. Natcsan who was examined for the workmen filed an agreement (Ex. W-4) between the workmen and the management of Belpahar Refractories. In cross-examination, ho admitted that he did not know the capital or turn over of Belpahar Refractories. He did not know what dividend was paid by the company. Belpahar Refractories do not own any mines. In Salem, Belpahar Company do not manufacture bricks- It is a small company employing about 100 employees. It was also elicited in cross-examination that the work done in Salem Magnesite is different from the work dono in Belpahar Refractories. Vtelpahar Refractories manufacture magnesite powder buying raw magncsite from Salem Magnesite. As argued by the learned advocate for Messrs. Burn & Company if is not safe to rely upon the evidence of Matcsan, as he is not in a position to furnish any information regarding the capital invested by Belpahar Refractories, its turn over or business.

52. Reliance was placed by the learned advocate for Messrs. Burn & Company on the decision in "Silliamsons (India) Private Ltd. Vs. Its workmen" reported in 1962 I L.L.J. 302. It has betn held that "it is well settled that in construing a wage structure with a scale

of increments, industrial adjudication has to take a long-range view and it has to examine very carefully the impact of the wage structure on the financial position of the concern in question. In view of the fact in the instant case, it was not correct for tho industrial tribunal to assume in anticipation, that the company in question should also undertake a new line of business and would proper in it. Further, in considering the question of comparable concerns, the tribunals should bear in mind all the relevant facts in relation to the problem. The extent of tho business carried by tho concerns, the rapital invested by them, tho profits made by them, the nature of the business carried on by 1hem, their standing, the strength of their labour force, the presence or absence and the extent of reserves, the dividends declared by them and the prospects about the futuro of Iheir business, these and all other relevant facts have to be borne in mind". In the absence of sufficient material as indicated in the factors stated above, I am of the view that it is not possible to concede the demand of the Unions and fix the wage scales as prevalent in Belpahar Refractories.

53. It is pointed out on behalf of the workers that in fixing tho wage rates, tho minimum wage as contemplated by the Minimum Wage Act, the hardship caused to individual employers or their inability to meet the burden has no relevancy.

54. On behalf of the managements, it is pointed out that theie are no minimum wages as such for this industry and that for certain categories like stone cutters, the maximum daily wage according to G.O.Ms.5668, dated 17th February, 1964 is a minimum of Rs. 1-50 iind a maximum of Rs. 2-00 and tho monthly rate is Rs. 39 to Rs. 52. The above minimum and maximum wages arc inclusive of dearness allowance. The wages for workers in Gypsun Mines and Bauxite Mines arc a little more than thoso of stone cutters. The monthly wages are calculated for 26 working days. The management of Dalmia Magnesite Corporation have filed a statement indicating the rates of wages in scheduled industries as per Minimum Wages Act. The statement is set out over leaf for reference-

DALMIA MAGNESITE CORPORATION; SALEM—5.

5 0 1 3

MINIMUM RATES OF WAGES IN SCHEDULED INDUSTRIES AS PPR MIMWl M WAGES ACT.

i. Bricks&TiJes (G. O Ms.

Bauxite Mines (G. O. Nd.

Cypsum Mines (G. O. Nd. 1933 dt.

Oil Mills Remarks'*• (GtO. Ms. 4382 dt. 2-11-66)

4463 dt. 21-2-1966)

Barytes mines

(G.O. Nd.

1933 dt.

8-6-1965)

1933 dt. 8-6-1965)

Tobacco Indus (G. O. Ms. 2098 dt. 2-11-1966)

Stone Bc;aMng TG.O. Ms. 5668 dt. 17-12-1964) 8-6-1965)

T H E G A Z E T T E

Daily Monthly

Daily Monthly

3

Daily Monthly 6

Daily Monthly 7 Daily Monthly 2

4

DaUy Monthly 5

O F Daily Monthly 1

3

I

Rs. P. Rs. P. Rs. P. Rs, P.

Rs. P. Rs. P. Rs. P. Rs. P.

Rs. P. Rs. P.

Rs. P. Rs. P.

Rs. P Rs. P.

N D

I

A

:

UtfSKfLLED:

2-00 52-CO

2-25 58-50

2-05 53-30

2-O0 52-00

2-00 52'OO

i-75 45-50

Minimum . 1-50 39-00

2-25 5&-5O

2-5O 65-OO

2-62 68-12

3-00 78-00

3-00 78-00

3'35 8yio

Maximum . 2-00 52-00

SEMI SKILLED :

3-89 IOI-14

3poo 78-00

3'00 78-00

Minimum . 2-75 7i'5°

N O V E M B E R

9

Masitnum . , . .

,

SKILLED:

3-50 91-00

3-00 78-00 3"35 8 7 '¹⁰

3-00 78-00 4'oo 104-00

3-89 101-14 5-84 151-84

3-00 78-00 4-00 104-00

1 9 6 8 Minimum . 3 • to 93-60 Maximum.

/

***The above minimum and maximum wages axe inclusive of deamess allowance.

K A R T

I The monthly wages are calculated for 26 working days.

K A

1 8

.

1 8 9 0

[

F A R T

I I

—

54. Further, as pointed out on behalf of the mangements, from 1960 there were settle- ments which resulted in revision of wages and dearnesa allowance. In the settlements, some of the Unions were parties. The settlement Hated 1st July 1960 was to be in force for a period of 5 years. I will refer to the various settlements between the two companies and the workmen represented by the Unions, The settlements wore accepted by the representative of the workers, after taking into consideration tho capaciy of the companies to pay and what they considered to be just and fair in the circumstances.

55. It is well settled that in construing a wage structure with a scale of increments A long range view has to be taken and the impact of the wage structure on the financial position of the concerns in question has to be examined. Taking into consideration the present state of the industry increase in wages asked for on behalf of the workmen is not possible. But I am of the view that the wages may have to be fixed somewhat above the minimum rates of wages, given in the statement referred to above. There is justification for some revision in the rates of wages of the workmen.

56. Wages were fixed and revised in pursuance of a series of settlements between the managements and the Unions concerned. Ex. M—-51 is a settlement between the Union and the managements of Burn and Co. Limited. Salem, Salem Magncsitc (Private) Limited, Salem and Dalmia Magnesite Corporation, Salem giving the total wages per day of unskilled and semi-skilled workers. By the terms of the settlement the total wage of unskilled worker was fixed at Rs. 1.50 a day, the basic wage of a semiskilled worker was fixed at Rs. 1.19 per 'day and the balance of the earnings after the ad hoc increment would be treated as dearness allowance and it was agreed that the skilled workers should be paid Rs. 1.37 a day as basic wage and the balance of the earnings should be treated as dearness allowance. The dearness allowance was fixed on the basis of the cost of living index of 462 points for the city of Madras as on 9th July 1960. Any further increase in the cost of living index above 462 points was to be compensated at the rate of 75 pake per each slab of 10 points or increase per month- Rs. 40 was the maximum dearness allowance for a worker without prejudice to the terms of the agreement, The agreement was valid for a period of 5 years from 9th July 1960. That agreement superseded all agreements entered into by the Companies with the Magnesite Workers' Union, Salem and the existing benefits shall be curtailed. According to one of the terms of the agree- ment, the ad hoc increment of 19 paiso would be payable to all workers except those who were entertained on or after 1st January 1958. For those who were entertained on or after 1st January 1958, the 19 paise ad hoc increment shall be paid to workers in two instalments as 12 paisc and 7 paise with effect from 1st July 1960 and 1st July 1961 res- pectively. Ex. M-57 was an agreement supplementary to the agreement of 9th July 1960. It was agreed to give an.increase in the dearness allowance of 7 paise per working day to unskilled workers, 9 paise per working day to semi-skilled workers and 13 paise per work- ing day to skilled workers, with effect from 1st September 1962. It was a settlement under Section 12(3) of the Industrial Disputes Act. Ex, M-72 is the Supplementary memo- randum of settlement arrived at under Section 18(1) of the industrial Disputes Act to the settlement dated 9th July 1960, between the Magnesite Workers' Union and the three com- panies. The management agreed to give effect to the settlement dated 9th July 1960 with effect from 1st July 1960. It was agreed between the parties that the implementation of clause 2(a) (b) (c) of the settlement dated 9th July 1960 should be deferred to 1st March 1961 in case of all workers who were at present employed by the Company as permanent workers and should be deferred to 1st July 1961 in case of all workers who were then employed by the Company as temporary workers. So this agreement conferred benefit to temporary workers in Salem Magnesite Corporation. Ex. M-74 is a settlement under Section 18(1) of the Industrial Disputes Act between the management of Messrs. Salem Magnesite (Private) Limited and the Magnesito Workers' Union on 24th March 1961. It was agreed that the workload for L.C-K. factory would be implemented in full from 1st April 1961 and the Union would co-operate whole-heartedly to carry out the workloads fixed for the various categories. It was agreed that item 3 of the settlement dated 9th July 1960 would be extended to the newly recruited workers who were on rolls on ytt) July 1960 with effect from 1st March 1961 and to the fresh recruits after 9th July I960 on completion of twelve months successful service. It was also agreed that the benetiti of the settlement dated 9th July I960 would be extended to those workers who were on 1he rolls of the Company on 1st July 1960 as contemplated by the settlement dated 12th Tuly I960 and workers recruite'd subsequent to 1st July 1960 would be eligible and should be paid all the benefits recited in the settlement dated 9th July I960 OT successful comple- tion of twelve months service The workers, if asked to work in higher category, should be paid acting allowance at the rate of 25 per cent of their basic wages or the minimum wages fixed for the higher category, whichever wai less. According to the settlement the minimum wages for the various categories would be worked out by add'ng 9> paise to the minimum rates fixed for the different categories as per the agreement dated I4t* March 1958. Ex. M-77 is an aereement between the management of Salem Magnesue (Private) Limited and the Salem Magnesite Employees' Union fixing the revision of graac~ for the non-clerical and clerical staff.

-5014 THB GAZETTt; OF l^DIAi NQSfEMBBR, %> * ^ / K A R T B C^ 1ft 18#d ' T P ^T KT—

57. Ex. M-79 is a notico to Mfessrs. Burn and'Company and Messrs, Salem Magne- site (Private) Limited py the Magnes-ite Workers' Union, Salem making fresh demanda for wage increase of 25 paise, 19 paise and 15 paise for the skilled, semi-skilled and unskilled workers respectively and annual increments of 10 paise, 8 paise apd 6 paise for skilled. semi-skilled and unskilled workers, respectively Ex, M-80 is a settlement between the Magncsite Workers' Union and Tho Salem Magncsite (Private) Limited, Salem for an in- crease in the dearness allowance at the rate of 7 paise, 9 paise and 13 paise per working day for the unskilled, semi-skilled and skilled workers, respectively, with effect from 1st November 1962. Ex. M-81 is the agreement between the management and the workers of Salem Magnesite (Private^ Limited to introduce a systern of annual increment in dearnes¹. allowance at the rate of 7 paise, 9 paise and 12 paise for unskilled, semi-skilled and skilled workmen, permanently employed directly by the company. It was a settlement supplemen- tary to the settlement dated 9th July 1960. Ex. M-98 is a demand by the Magnesite Workers' Union for increase in the dcarness allowance for the unexpired period of the agreement dated 9th July 1960. The Union demanded 20 paisa per point in excess of 462 points. It was agreed under E^. M-99, the agreement dated 28th October 1964, that an interim reliof by way of Special Allowance of Rs. 10 per month should be paid to each one of the monthly rate'd employees till 30th June 1965. Ex- M-106 is a notice of demand by the Union for increase in the basic wages of various categories of workers. Ex. M-116 is an agreement between the Salem Magncsite Employees Union and Messrs. Salem Magne- site (Private) Limited, by which it was agreed that a total sum of Rs. 63.50 per month would be paid as dearness allowance with effect from 1st July 1965, superseding the prior agreement dated 28th October 1964, 1o the monthly rated employees It was further agreed that the dearness allowance could be reviewed only after one calendar year from 1st July 1965 or any time thereafter, if the cost of living index number applicable to Madras werit above 650 points

58. Tt is argued by the learned advocate for Salem Magnesite (Private) Limited that the demands as made, if conceded, would involve an additional expenditure of Rs. 22,00,000 a year under the hc*td 'Dearness Allowance' and more than Rs. 20,000 a month even if the pay of a worker ''s increased by Rs 10 a month In the wage bill in respect of salaries. It is also pointed out that the profits earned by tho companies were not much during the past years. According to the audited profit and loss accounts for the year ended 31st Decem- ber, 1960, the profit brought down was Rs. 2,14,051. From Ex M-145 it appears that for the year ended 31st December. 1961, the profit brought down was, Rs. 2,64,373. For th" year ended 31st December, 1962, the profit brought down was Rs. 1,26.541.

59. In Burn and Company also, except in one year, there was loss in 4 years and there was return of only 1.02 per cent, which was negligible. In this connection, it is necessary to refer to Fxs. M-47, M-47A and M-4S. Ex M-47 is the combined profit and loss account of Burn and Co for the years 1962-63 to 1965-66. The accounts have heen audited, Ex M-47A is a statement of Cross Return on capital of Salem Works of Burn and Co- on capital for the years 1962-63 to 1965-66 It is apparent from the statement that the nvcraee annual return was only 1 02 per cent Grand total for the yean 1962 to 1966 was Rs. 666,75,593 and return was Rs 6,77,96 and the percentage for the above years worked upto 4 0 7. Average annual return worked to 1.02 per cent. Ex. M-48 contains the balance sheets for the years 1963-64 to 1966-67 for Salem Works I and II of Messrs. Burn and Co. Limited. The balance sheets reflect the working of the company which does not appear to be quite satisfactory.

60. There is no separate balance sheet for Dalmia Magnesite Corporation, The publi- shed balance sheets of Dalmia Cements Concern, said to contain the trading results of Dalmia Magnesite Corporation were produced but not marked- But, as the major portion 60 per cent of the products of all the companies are exported to foreign countries and tho trading results of this company are similar to those of the other two companies, that applies to the other two companies in the matter of foreign trade also applies to Da)mia Magnesite Corporation. The foreign trade of Dalmia Magnes:fe Corporation during the past years was also affected by the competition of foreign countries.

61. As rightly pointed out by the learned advocate for Messrs. Burn and Co., unless the cost of production is reduced, it is not possible to reduce the price of the magnesite products cxnortcrl to foreign countries and the cost of production is bound to increase when the wage bills of the companies increase The wage bills of the companies will increase •with payment of increased wages If the price of the magnesite that is produced is in- creased in respect of the 60 per cent of the products exported to foreign countries the pro- ducts cannot have any market in foreign countries and as a consequence thereof, the pro- duction will have to be curtailed and the curtailment of production will have senous reper- cussion on labour employed in this industry, Tn the interests of the industry, production should be increased and ways and means should be devvsed to increase production without increasing the cost of pi"oducti6n. In view of the present financial condition of the com- panies the increase in basic wages and dearncss allowance asked for cannot be granted. IT

the demands as made by the workmen are granted it will only lead to a total closure of the business of the companies, an'd throw the workmen out of employment, which is a con- tingency which should not be allowed to occur in the interest of the economic progress of the region and industrial peace.

62. Grades and scales of pay are intended to be a long term scheme. Having regard to the various factors and circumstances including the financial condition of the companies, I fix the following scales with annual increments for the different categories of the workers:

Unskilled Mai-work r Rs. I-TO 5 P. Rs. T35 daily. I'-milc voikir Rs. T-OO 5 P. Rs. 1-25 ,, S-mi-skilled workei Rs. 1-40 6 P. Rs. r88 ,, Skilled III work-r Rs. i-8o 7 p. Rs. 2-15 ,, Skill d II worker Rs. 2-oo 7 p. Rs. 2-49 ,, Skilled I worker Rs,. 2-25 8 P. Rs. 3 oj „

™ r Sn*tt E ?n t h l yi ,W a g?' t h?.a b ⁰Te d^ wa8es shall be multiplied by 26, the number Sn, 1f J 11 T . °l w o r L l t le d&^ ln a m o n th- Similarly, the increment per month rent catf o^e f w T tW° ^^ t O t a l l ed to ttrrive at t o t al m o n t h ly wages of the diffe-

63. Dearness allowance has to be increased when the cost of living index moves up- so as to protect the real earnings of the employees from being eroded. It may be useful and necessary first to fix the dearness allowance upto 460 points and then to determine Hie dearness allowance, At present, the dearness allowance varies from 0 50 raise per day to 1.99 per day or Rs, 13 to Rs. 51.74. Tlrs is due to splitting up of the wdgo struc- f ^ o ^P/o "Srecmcnt of _1960 (Ex, M-51) as well as giving increment a* per agreement 01 1962 (Ex, M-57), Fixing the dearness allowance upto 460 points at Rs. 30 per month and calculation is made having rcgartf to the increase in the cost of living index there will be an increase of roughly Rs. 1-16 per day in the dearness allowance as per the method of calculation indicated below. Tn order that the employees, who are getting a hjcher dear- ness allowance at present, are not prejudiced, I propose directing payment to such workers the dearness allowance over and above what is now fixed, as special allowance, which is to ensure to their benefit in consideration of their length of service.

64. Over and above 460 points, I feel a some what greater percentage of neutralisa- tion is necessary and having regard to what I have stated earlier about the state of the industry and its capacity to be.ir additional financial burden, I am of the view that the workmen have to be satisfied with only a slight increase which is proposed to be given namely, from /5 paise per block of 10 points to 110 paisc per block of 10 points This of course, is variable and may vary from time to time with the variation of the cost of living index.

65. The dearness allowance payable under this award will replace the ad hoc allowance

be directed to be prospective in operation. Having regard to the representation mado on, behalf of the managements I am also of the view that the award should not be made restrospective in operation. The new wages and dearness allowance shall come into force from the date of the award,

69. The wages and dearness allowance are revised as indicated above from the date of the award and it is not necessary to link the annual increments with the cost of living indices. Issue 2(ii) in I.D. 39 of 1966 is found accordingly.

Issue 3 in ID. 30 of 66.

70. No case has been made out by the unions for merging any portion of the dearness allowance with basic wages. No part of the doarness allowance is directed to merge with the basic wages and if some of the workmen in the same category get increased dearness allowance by reason of the chango in the wage structure consequent on tho various settle- ments between the workmen and the companies such increased dearness shall be treated as special allowance of those workmen. The issue is found accordingly.

Issue 4 in I.D. 39 of 1966.

71. This issue raises a problem peculiar to Mossrs. Burn and Company, The manage- ment's contention is that the entire wages should be linked to norms. It is true that the norms were fixed by the experts in consultation and deliberations with the workmen who were associated with work study, Mr. C. Doraiswamy, the learned advocate appearing for Messrs. Burn & Co. drew my attention to the fact that the workmen wore giving between 40 to 60 per cent, of the norms, although in some sections 100 per cent, results had been obtained and contended that there was no reason why "the attainment of 100 per cent, should not be expected. The company agreed to pay as per Ex. M-71, a cash incentive of 27 paise for 100 per cent, production. I do not propose to discontinue the cash incentive and on the other hand I would suggest payment of a portion of it even for eighty per cent production for some time. While the norms fixed by the experts should be the ultimate goal; I consider that this goal should be reached slowly and in stages and the workmen remunerated as formulated hereunder:

(i) The workers will give 75 per cent, of the norms within one month from the date on which the award becomes operative and if they do so they will be paid the increased wages.

(ii) The workers will give 85 per cent, of the norms by the second month from such date and if they do so, they will continue to get the increased wages. They will also be paid 15 paise per day out of the incentive of 27 paise which the management had offered for 100 per cent, norms,

(iii) After the third month, the workmen have to give 100 per cent, norms and they will receive increased wages in addition to 27 paiso per day jn'ven as incentive.

(iv) If the workers do not give the above production after the flrs.t, second and third months, their total wages are liable to be reduced in proportion to the shortage in production from tho norms fixed. They will, of course, get no incentive payment us well. In addition, the management will have the right to take disciplinary action against such workmen, who, inspite of warnings, continue not to give the required norms.

The work norms fixed in Exs. M-4 series from which the norms in Ex. M-20, 21, 23, and 27 have been taken will be the work norms for implementation by the workmen, As regards Salem Magnesitc (Private) Limited, Ex. M-6 is the statement giving the details of the existing norms for different operations in the mines and factory of Salem Magnetite (Private) Limited, SaJem, The same norms will be implemented by the workers So tar as Messrs Dalmia Magnesife Corporation is concerned, the norms as given in Exs. M-b and M-4 series, so far as they are applicable to the company will be norms tor the workers which can be implemented and enforced by the company. The norms will come into effect from the first of the month following that in which the award is published in the Gazette and until then the wages and Dearness Allowance shall be paid as per this award without reference to the norms. Issue 4 is found accordingly.

Issue 5 in I.D. 39 of 1966.

72 This issue relates to the claim of monthly-rated employees. The monthly-rated

leave thi, dearness allowance as it is/ As in the case of workmen, for every block of 10 points after 460. in addition to the donrnes, allowance wh.cfa theyare enWkd to under Ex M-58 I direct that each monthly rated employee should be paid a variable dearness allowance at the aame rate as for the daily rated employees, vrz. 110 paise per block of

10 points over 460 points of Madras Cost of Living Index. The payment of this clearness allowance as awarded will supeicede the fiat interim special allowance of Rs. 11/- per month given from 1st March, 1965 as per Ex. M-62. At cost of living index of 690, the staff member will get an additional sum of Rs. 14.30 in his pay packet as additional clearness allowance.

72. It is really gratifying to record that in Dalmia Magnesite Corporation there is no dispute on any point between the monthly rated employees and the company. While this is so, having regard to the fact that dearness allowance for the staff in the other two companies which is now revised by me, I would recommend to the Dalmia Magnesite Corporation that the same dearness allowance be paid to the staff if the dearness allowance to the staff in that company is less than what I have awarded to the monthly paid staff of the other two companies.

73. In the case of Salem Magnesite (Private) Limited, it would appear from Ex. M-116 - that a fixed dearness allowance of Rs. 63.5u per month is paid. As between two companies in the same locality concerning which the dispute is before this Tribunal, I consider it necessary that there should be uniformity in dearness allowance. The dearness allowance as applicable to Messrs. Burn & Co. is also directed to be applicable for the monthly rated employees of Salem Magnesite (Private) Limited, also, the minimum increase in dearness allowance to the above class of employees of Salem Magnesite Company will be Rs. 6.60 and in the case of higher paid employees, it will be more.

74. It is necessary to fix first the scales of dearness allowance upto 460 points of cost of living index and thereafter the dearness allowance is to be calculated and paid at the rate of 110 paise for every slab of 10 points. For 460 points, the dearness allowance fixed is as hereunder:—

Basic wages

Rs. 45

Rs. 45/- D.A. per month.

Rs. 45—Rs. 99 Rs. 50/- D.A. Rs. 100—Rs. 199 Rs. 60/- „ Rs. 200—Rs. 299 Rs. 65/- „ Rs. 300 & above Rs. 75/- „

The dearness allowance of the monthly rated employees of the two companies above 460 points should be calculated and oaid as. indicated above.

75. In Messrs. Burn & Co., the exisimg scale of pay for monthly rated employees are paid as per Ex. M-52, a settlement entered into on the 18th August, 1960. It is true tha* 8 '.i^rs have elpwed si^'-e the scabs were fixed, warranting a revision of such scales, but having regard to the financial resources of the company, I consider that the mcr.'Vy int-d empire:< c'"^ >V V 't i<" fora; ti"*e m ce for a revision of wiO reviyon frr tV s°mi ird^"i. TVrv^'f-r, as the mon'hfv rated employees bene*u o-'y by the increase in d^'nei¹- allowance awarded, I direct the managements of Burn h Co. and Salem M'|srec:'vl Co. mon'h'y rnted employee with not less than 3 years of serv'ce on the date on vhich this award becomes operative, one increment in the scale atmHcb'e to them subject to the condition that no employee will get more liian the maximum of the scale in which he is.

76 A'l other benefits which the workers at present are petting will continue to be available to them except wherever altered or modified and indicated in this award. The issue is found as indicated in the foregoing paragraphs.

77 The only other auestion trnt remains to be considered is costs. As regards costs, I have to take into consideration the fact that the 3 companies have paid heavy amounts to the Asse^nr as and for 1 emuneratioti for the work done by him and no portion of the rer"'i">-ra*ion of the assessor Ims been pa;d by anv of the Unions. In the circumstances, I am of ti'e view that it is just ?nd proper that the managements sbou'd not be directed to pav costs to the Unions. I would directed the parties to bear their own costs.

78. An award is passed in terms of my findings on the issues in the two industrial disputes. The terms of the award, except as recards norms for which I have given a separate direction will come into force from the date of the award.

Sd./- M. TAJAMMUL HUSSAIN,

Industrial Tribunal.

ANNEXURE A

As o:r Evaluation

E sis ling job

Department

J jb T i ik

Dssigia-

Proposed job — Designa- tion

tion Points Category

6 i

5

4

3

Sorci ig Shed

III I I I

S TTI U 3 U^ US

?20 j.6o 160 :.Co

M v, T . . . M iz '. * >' M-J ' ivl )2. ><.'t-W oraan .'VIIZ^T --ivj.uk¹ g

. 5 S . US . Us . as

Sil Shaft K.L.

230

J6O

K.k AtVid'i.t • Mazjocr

II I

Rotary ICln

270 171 205 145 160

V II II I I

Ku-C'p:.-r,t Oilrm ' Cr">he- Atfc c'art Aliz_.oor-C""-;Hr Mi:O'0-r~G;"f rtl

us S I s s us us

. us . s . s s . s s . us . us

Raymond Mill •

210 160

II I

Op-. ..- . Mazcloor

s s us

. s . us

260

Mabor

231 170

MiK'n O? rvir-Furnace C"P*lPr;,"or Mizjior-Man M izjoor-Woman

IV III II I I

. s s . ss . us . us

160 155

s 11 S III s s US us

Laboratory

II

176

Laboratory Boy .

. ss

s s

Mezicon Mill

Atte-da't • Scr-e i g Plavt Attendant

III II

220 175

171

General Stores .

135 140

Store Attendant Miz^oor M iz joor Stock VerMer

II I I

. ss . ss . s . us . u s

Miscellaneous

Sweeper S weep -r-Factory

I I

S III s s s s us u s us us

155 155

Primary Crusher

House

236 225 160

Atte "da t-cam-Fitter . Michi e Attendant Mazuoor

III III I

. us . us . s . s s . us

S III S III US

New Rotary Kiln Op"rator Oilma> Sampler A 'ondaut-Fe"-d End . Mazdoor (Pr.'mary Crusher,

270 185 145 195 195

V II I II II

Screeuj etc.)

Mazuoor

140 I

. s . ss . s s . s s us . us

SI s s us s s ss us

Tunnel Kiln

Atteadaat-Cum-Fitter & At

II

215

ss

te.idaat.

Ma^on Atteijdant-Burner Aftendaut-TrauofT Car Mazdoor-M i r Mazdoot Kiln

III II I I I

221 190 146 IJ5 130

- s . s . ss . s s . us . us

S III ss US us us

6 I

2

4

5

3

Tunnel Kiln car loading & Un- loading.

s s SS us us us SS Maistry-Loading Maistry-Unloading Loader . Sortcr-cum-unloader . Sorter-Cum-Unloadcr II Attendant-Forklift Mazdoor

SS SS SS SS SS SS US

II II I I I II I

185 185 150 150 150 174 130

Press

usSII

Fitter      ,     .    .    .   S               2fiO IV
 Shifter  Fit(t-r               SS              236   III
Fittcr-Cdd  Jobs  .                             170   II
ScrCei. G JI gman                                     I
                                                i'l5
MazJuor-Maintcnance                                   I
                                                145
M-udoor-Ureakdown      •                              T
                                                 145
Oilnun          .   .   ..                            II
                                                171
Aircrdm it-Tamping  Machine                     191   II
   Harc'Ic type.
Attendant-Tamping  Press                        191   II
Attendant-Rotary  frets                         191   II
Atrendant-Tohnson  Press                        191   II
AUendant-Weighire  Car                          170   II
AUcndanr-M'x  Muller                            18S   II
Attendant-Drier                                 191   II
Mazdoor-Tamping  Machine                        160    I
  Handle  type.
Mazdoor-John son  Prcsi                         160   I
Mazdoor-Rotary  Press                           160  I
Mazdooj--Tampirg  Press                         160   I
Mazdoor-Batch  Weighing  car                          I
                                                145
MazJoor-Weigh  Bridge                           125  I
Bench  Worker-Spoil  Remover                    r6o  I
Ore  Drrsser                                         I
                                                145
Creche-Ayah                                     130  I
Maxdoor-Tool  Store                             1 "Jo I
Alazdoor-Miscellareous                               I
  (Tripe  recording).                           135
M'l/door-Misccllaneous  (Road                        I
                                               125
  Watering).
Mizdoor-Miscellaneous  Drin-                    T40  I
  king  Waterman.
Watchman        .   .   ..
                                                160  I
Store Assistant  •
                                                130  I
Lorry  Cleaner
                                                135  I
L a wr
                                               140   I
Spotter-Signalman
                                                120  I
T  & I-I Shovel Helper  .
Shovel Cleaner   .                              *35  I
First Aider/Medical  Attendant                  135   I
Blower man                                      160  I
Compressor  Operator/Fitter  .                  125  I
                                               231   III

Bngineeiiof

III II III II IV II II

Turner . . .. Assistant Turner Machinist-Sloting Machine . Machinist-Drilling Machinist & Grinding Machirn Machinist -Shaping Machine • Heat Treatment Purnance

226 171 221 190 250 201 205

SUI sS us us us SS SS s s s s SS SS SS SS us us us us us us us us us us us us us us us us us us us us us us SHI sin SS SHI SS S II SS SS

Operator.

SHI SI SI SS

us Die Fitter Fitter-Breakdown Fitter-Maintenance Assistant Fitter . Mazdoor Maintenance . Pattern Maker *. Moulder . . .. Asstt. Pattern Maker .

221 270 270 181 150 260 236 171

III V V III I IV III II

-SSs s u s us SS SS s s SS s s s s SS s s us us us us us us us us us us us us us us us us us us us us us us s s s s s s cS s s s s s SS us s s SS

SII SHI SS

I

2

6

3

4

5

S

SIII SS SIII Carpenter . . .. Asstt> Carptncter Blacksmith Mazdoor-Mix Muller . Mazcloor-Mi^ Muller CNMit

226 171 226 140 140

III II III I I

Shift).

Cutting Machine Operator . Punching Machine Operator . Bending Machine Operator . Rake Plate Straighling worker

us us ss ss ss us

II II II I

170 170 170 14s

Fork Lift

SIII Attendant-cum-Fitter • Attendant-Forklift

III II

231 T84

Htnd Moulding • R a m m er . . .. M o u l d er . . .. M a z d o or I . .. M a z d o or II . ..

II II I I

ss ss s s us us

171 179 155 160

A t t c n d a n t - c u m - F i t t er .

B"llMill& Tube

SIII

Mill.

                                                                     236      III
M a c h i ne  A t t e n d a nt                                        995     II
G r a n u l a t o r - A t t e n d a nt .                              195     II
M a z d o or                                                         155     I

Mines

SIII

SIII

S III

                            ss
                             s
                              us
                             us
                             us
                             us
                             us
                             s
                             s
                             s s
                             s s
                             ss
                             us
                             us
                             s
                             s s                            ss
                             ss                             ss
                             us                             us
Loco  Driver                 s               220  III       sin
Loco Cleaner                 s s             155  I         us
Loco  Fitter                 s               221  III       sur
Compressor  Operator  (Mobile) s             221  III
Drill  Fitter                s               171  II        ss
Pipe  Fitter                 s               221  III
Assistant  Fitter            us              135   I        us
Blacksmith                   s                    III
                                             226
Hammerman                     s s                 II         s s
Mai'itry   .    .     ..      s s            IS5  III        S I II
Jdly  C'iccker-Stack Builder  - us           235  I          us
Pact;r-c  'm-shol  lr-Stacking Yard Store us            7 60 I         us
                                                             us

ANNEXUKE B

The job classification in Messrs. Dalmia Magncsitc Corporation is thus :

I

2

3

4 5 6

I'fiCtoty

S S

SIII S III S III S III S III S III S III S III S III

s nr

S III

S III

S III

  C r u s h er  D r i v er  .
 S h i ft F i t t er
 E l e c t r i c i an .     ,        .        .     s
 W i r e m an      .                                s
 T u r n er        .        .        ..             s
 W e l d er        .                                s
 F i t t er        .                                s
 P l u m b er      .        .        ..             s
 B l a c k s m i th         ,                       s
 C a r D e a l er  .        .        ..             s
 D r i v e rs      .        .        ..            s
 C o ok            .        .        ..            s
 M a s on         .        .        ..             s
K a l a sy                                         s

S III

6

I

4

2 3

5

                    Boiler A ttender       .     .  SS               221   III          sin
                    Mill  House  Atlcnder        ,  S  S              195  II           SS
                    Shift  Attender  (Kiln) .    .   S  S                               SS
                    Asslt. Welder    .     .      .  SS                                 SS
                    Asstt.  Fitter          .     ,   SS                                SS
                    Stores  Attender  .     .     .  S  S              171  11
                    Mistry  (Mill  House)   .    .   S  S             210   II          SSs s
                    Hflmmcrman        ,     .      . US                     II          s s
                    Office  Boy  .    .     .      . US                                 us
                    Disocnsirv  l"oy  .     .        US                                 us
                    Time  Office  boy       .    ,   U  S                               us
                    .Sampler    .     ,     ,      . US                T  1  ' I        us
                     Sweeps     .     .     .     ,   US                                us
                    Wa'ch'iian        .     .     ,  US                160   ]          us
                    Water  Carrier          .      . US                                 us
                    Asstt.  Carpenter       .      . US                iyi   1          us
                     MfizJoor-Filier  Helper      .  U  S                    J          us
                     Mnz/Joor-Trolley  Fitter  Helper US               T?5              us
                                                                             I
                    Wireman  Helper         .      . US                 no   I          us
                    Ctuiteci  workers       .      . US                                 us
                     Mazdoors         .     ,      . US                                 us
Minos               Blacksmith        .     .    „   S                                  S  III
                     Shot  Firer      .           .  S
                     Fitter            .  , .     .  S                                   ss
                     Loco  Driver     .     .     .  S                                   S  III
                     Mistry      .     .    .     .   S  S             235   III         S  III
                     Driller     .    .     .     .   SS               225   III         S  III
                     Hammerman         .     .      . US               185   II         S  III
                     Hammerman         .     „    .   S  S              196  II          SS
                     Asstt.  Tinsmith  .    .     .  S  S              176   II          SS
                     Welder                       .   S                236   III         SS
                     Mason                        .  S                 231   III         S  III
                     Ajstt.  Mason     .     .    .   S  S             171   II
                     [Winter     .   ..        .  S                    206   II          SIIIs s
                     Pump  Attendant-Oil    .     .  S  S                    I           s s
                     Pump  Attendant  I-Water     .  S  S               150no I us
                     Pump  Attendant  II  Water   .   S  S              125  I           us
                     Pipe  Fitter      .    .     .   S                236   III         us
                     Compressor  Fitter     .     .   S|               231   III         S  III
                     1 lelper/Asstt.Compressor  Filter  U  S            14c   I          S  III
                     Mazdoor  Mason  Asstt.  .      . US                13;   I          us
                                                                                         us
lElectrical           Mistry         .    .   ..      S                 281   V          S I
                     Electrician                      S                236    HI         S  III
                      Generator  Fitter               S                 236   III        S  III
                      Electrical  Fitter .            S                 195   II         s s
                     Asstt.  Electrician                                195   II         s s
                     Asst.  Electrician-Battery       s s              180    II         s s
                        Charging.                     SS
                      Cable  Jointer        .                           200   II         SS
                                                     s s
 Transport            Driver—Light  Vehicle        .   S                225    III        S.  Ill
                      Driver—Bray  Leader    .     .   S                220    III       S  III
                      Driver—Tippler-Lorry         .   S                235    HI         S  III
                      Driver—Tractor         .     .  S                 220    III
                      Driver—Skid  Shovel    .     .  S                 220    III       s  in
                      Mechanic                     ,  S                 245   IV          S  III
                      Fitter           .     .     .  S                 195    II        S  II
                      Maintenance  Worker    .         U  S             135   T           SS
                      MaT-door—Transport  Cleaning     U  S             130   I
                                                                                         us
 Watch & Ward      .  Watchman                      .  us               160    I          USus
 Stores-Provision  .  S foreman    .                .  us                169    II        SS
                      Measuror                      ,  us                160   I           US
                      Cleaner      .     ,    .     ,  us                130   I          us

2

I

6

3

4

5

I

T i me Office Factory

US US

r

140 140

1

150

1

135

Mazdoor—Card boy Mwdoor—Card boy T r am Line Mazdoor—Lineman Office Boy Ayah . . .. Transport Mazdoor Sweeper . . .. Loco Mazdoor

us us us us us us

us us us us us us us us

NOTE : S-Skillcd. S S—Semi-skilled. U S—Unskilled.

ANNEXURE C

The Job classification in Messrs. Salem Magnesite (Private) Ltd., are these :—

2

I

6

3

4

5

S

K i ln O p e r a t or W e l d er . . .. B l a c k s m i th C a r p e n t er . . .. W i r e m a n / E l e c t r l c i an . M a s on . . .. F i t t er . . .. S o r t i ng S h ed M n i s t ry • ,

2 20

S II S III S III S III SIII S III S III S III

III

s s s s s s s s

Mines

S III

235 181

III II

II

SS

DS

s s s s us us us us us L o r ry D r i v er . . . US W i n ch O p e r a t or . . S S A s s t t. F i t t er . . , S S M a s or H e l p er . . . US K i ln D r a w i ng m an . . US S o r t i n g — M a le . , . US K i l n — l o a d i ng m an y e ar . U S K i l n — l o a d i ng P l a t f o rm . U S S o r t i n g — F e m a le , . US Office B o ys ( F a c t o ry & Q u a r r y) U S M a z d o o r / M a i n t e n a n ce H e l p e r/ U S

II

171 160 150 150 150 145 140 185

SS

H a m m e r m a n.

SS OS

SS

SS

SIII

SIII

us us us us s s us s nr s nr

SS SS SS A d r e ma O p e r a t or . . S S W a t c h m an . . . US A y ah . . . . US C r e c he A t t e n d a nt . . US C h e m i st H e l p er . . US S a m p le Boy3 . . . US A s s t t. C o ok . . , U S C a n t e en S u p p l i er . . US S t o r e m an . . . . US S t c n s i l l er . . . . US M a g a z i ne A t t e n d a nt , . US M a i s t ry ( Q u a r r y) . . S S C o m p r e s s or A t t e n d a nt . SS D r i l l er . . . . S S T r am L i n e / P o pe F i t t er . U S H m m e r m an . , . US P a c k e r / B l a s t er . . . S S Jelly C h e c k er . . . US S t o ne B r e a k e r / J e l ly p i c k e r/ U S

II I I I II I II I II I III III III III II II II I I

170 160 135 125 176 140 180 150 171 120 224 335 221 223 *75 I85 201 160 160

B e n ch w o r k e r.

B e n ch w o r k e r / J e l ly p i c k e r/ U S

I

160

M a n.

135

S t o r e m an . . • . US Jelly P i c k er W o m *n O re U S

I I

us us us us us

Dresser.

I

2

6

5

3

4

140 I Mines—contd.

US s s u s u s U S Loading Attendant Boring. Machine Operator Shed Builder Road Miitry Tool Rom 11 attendant . P'imp Ate -i riant

I I I I

140 ^9 l?-5 no

S S S S US U S US u s

us

N o t e: S- Skilled. SS -Semi-skilled. U S- Unskilled.

List of Witnesses Examined :

For the Workmen

W. W-i    .     .     .  Thirumathi  Palaniammal  (for  Union  No. 4)
W.  W-2   ,     .     .  Thiru   T.  P. Natesan  (for  Unions 2, 3  and 6)
For the Management
M-  W-i   .     .    .  Thiru  K. N.  Marwaha.
M-W-2      .    .     .  Thiru  P. R.  Vaidyanmhan.

List of Documents Marked :

For the Worhmtn Ex. M-i . . . 23-12-1967 Notice issued by the management No. 1 regarding specia

attention of Jajthir Main Workers.

Ex. W-2 . . . 14-5-1968 Memorandum of Settlement u/s. 12(3) of the I.D. Act.

(Subject to relevancy).

Ex. W-3 . . . 13-12-1965 Copy of letter from the 4th union to rhe managemen No. II regarding setting of outstanding issues. (Sub- ject to relevancy). (Exs. W-i to W-3 are marked fo Union No. 4).

Ex. M-4 . . . 14-6-1968 Memorandum of Settlement u/s. 12(3) of the I.D

Act. (Subject to relevancy).

Ex. W-5 . . . 9-7-196S Letter from the General Manager, Belpahar Refrao tones Ltd., to the secretary Belpahar Refractoriei National Employees' Union, regarding memoran dum of settlement dt : 14-6-1968 enclosing a state- ment.

(Exs. W-4 and W-5 arc marked for Unions No. 2,3 and 6)

Ex. Mj6 . . . True copy of the wage policy during II plan, Tru

copy of list of adequate list recommended by Dr Aykroyd to the Nutrition Advisory Council. Extrac ot the Gazette dt. 12-6-1968 and computation state- ment of need based minimum wage on the norms.

Ex. M-7 . . . For St. George Gazette (Statistical supplement'

dt. 12-6-1968.

(Exs. W-6 and 7 are marked for Unions 1 and 5).

For the MmagtmeMt Ex. M-i . . . 4-5-1965 Memorandum of settlement <>i' r. Burn and Co. Ltd.. 2. Salem Magnesite (P) Ltd., and 3. Dalmia Magne- site Corporation and Magnesite Workers Union.

Ex. M-a . . . 4"5-I9<>5 Memorandum of settlement of 1. Burn and Co. Ltd.£

2. Dalmia Magnesite Corporation and 1. The MEJ- nesitc Workers Union, 2, The Magnesite Nationa Labour Union.

Ex. M-3 . , , 4-5-1965 Memorandum of settlement of Burn & Co. Ltd^ and 1 the magnesite workers union, 1. The Mag- nesite National Labour Union.

Ex, M-4 aeries . . — Five Work Study Reports.

M-5 . .. — Statement giving details of incentive scheme for spoil

handling at quarry with the help of the payloador and tippers of S.M.P. Limited.

Ex. M-6 . .. — N">rms of Production. Ex. M-7 . .. — Sfa'emem giving particulars of basic pay, D,A. for

that are being paid now¹ o nil categories of workers (dEilv raied) of M/s. Salem Magnebiie (P) Limited.

Ex. M-8 . .. — SM einenl giving details of the categoric;, end classi-

fication of persona employed in 1 he workshop anach- ej to the factory of M/s. Salem Magnetic (P) L'mited. Ex. M-9 . .. — ST'i ement giving particulars of basic pay & D.A. for

miivhly piid employes of Salem Magnetite (P) L.d.

Ex. M-10 — S l e n e it giving detail, of additional cxpcndiUjre for S.MP. Linvt<\l if the scules asked for ed opted ( <,v.ic & D.A.)

Ex. M -n . . 23-11-1955 Re-o-l N^'e of Dimensions hekl ai the Office ofRe- ','nnil Labour Commissioner (C) Madras on 17-1-66 n.l ai Salem DII2T, .-1.2-j.31-d Januiry 1966.

Ex. M-12 , . 15-6-1963 M; aor"n.lum of so' 1 ement of Magncsite Workers

U mm atidiJuin& C >],ipiny Limiicd.

Ex. M-13 . — Le cr from Regional Labour Commissioner to Salem Mignesiie (P) Ltd., Dilmia M'gnesire Corporation IJ.I B-irn.Sc C\ Limited.

Ex. M-14 . . "27-8-1965 Lei 1 er from burn & Co. Ltd., to ihc Secretary, Mafc- nesite Workers Union—implementation of work study report.

Ex, M-I5 . . "27-8-1965 Lcner from Burn & Go. Ltd., to the Magncsite National

Labour Union.

Ex. M-16 . . 317-9-1965 Li'rer from Regional Labour Commissioner, Madras 10 Migncsite Workers Union, Magnesite National Labour Union, and Magnesite Syndicate Employees AssociaLion. Ex. M-17 - . 6-12-196 Memorandum from Mr. Sclvara; (AITUC) and B.H Snnivaian (INTUG) to Regional Labour Commi- ssioner, Burn and Go. Ltd., and three otbern.

Ex. M-18 „ . 28-12-1965 Cimohining about delay in implementatio.i of Work stu.iy findings letter copy from Megnestte Syndi- e re Employees Association to the Regional Labour C >mmissioner, M toras.

Ex M-19 . . 57-2-1966 Letter from M'lgnesiie Workers Union to Regional Labour C^nmissioncr—Copy forwarded to the Works Superintendent Burn and Co. Ltd., Salem by Regional Labour Commissioner by endorsement dt. 16-2-1966.

Ex- M-20 . . PJ13-2-1966 Notice put up on notice board showing work norms fixed for Johnson Presses 1 & 2; Rotary Press Pump- ing Machine and Moulding, T. K. Car loading, T.K. Car unloading.

Ex M-21 . . 712-2-1966 Notice put up on notice boaid showing work norms fiwl for Sections—Shaft kiln (oil fired) Shaft Kiln (Coal or firewood fired) Rotary Kiln (Nfo. 6 Oil fired) Raymond M:ll Sorting Section etc.

Ex M-22 . . 4-3-1966 Letter from the Regional Labour Commissioner t° Secretary, Magncsite Syndicate Employees Asso- ciation.

Ex. M-23 . . 8-3-1966 Notice showing work norms for various operations in

M-ijor Department.

Ex. M-24 . . 11-3-1966 Notice expressing regret that the norms arc not given

by workers and warning them.

Ex, M-25 . . 15-3-1966 Letter acknowledging receipt of copies of work study

reports.

Ex. M-26 . . 15-3-1966 Letter mating that workers in Major Department give

more production etc.

Ex. M-27 . . 23-3-1966 Notice showing details of work norms for various opera-

lions in rhe Mines Department.

Ex. M-28 . . 23-5-1906 Concilnnon Failure Report No. M-iofi(4fl)-65, Ex. M-29 . . 5-4-196*! Letter from the Dirceior, The Magncsite Syndicate Ltd., London to *he 1st Management regarding compel ition from Chinese Magnesite.

Ex. M-30 , . 9-5-1968 Letter from the Director, the magnesite Syndicale

Ltd., London to the rst Management.

Ex. M-31 . . 15-5-1968 Letter from the Director, the Magnesite Syndicate Ltd.,

London to the i sL Muuiirmcnt.

Ex. M-32 , . 14-5-1968 Letter from tlie Ttf management to the Mugucaite

Syndicate Ltd., London S.E.I.

Ex. M-33 . . 18-6-191)5 Letter fron'h<* M i,nic ite Syndicate Ltd.. addrcw-d

to Burn &. C>.3 Ltd., Cak'-it'tn.

Ex. M-34 . . 27-7-1965 Letter frim B-irn " C". Ltd., C llcaM • t" Cenlluo-

hem';a Y !^o>Iivia.

Ex. M-35 '. . 27-7-1965 Letter from Burn & Co ltd., Olcutl.'i to AT YLI o-

sanitariya Y'lgosUvu.

fix. M-36 . . 30-7-1965 Letter from Usuico Socicta Indtwirial Commetdsl

Mifano to Burn & Co. Ltd., Calcutta.

Ex. M-37 . . 4-8-1965 Letter from Burn & Co. Ltd., Calcutta to USVICO'

Socicta Industrial Commercial Milano.

Ex. M-3S . , 20-8-1965 Letter from Chemicals & Allied Products Export Promotion C'Junsili Calc itn to Secretary, Ministry of Commerce. Govt. of India, New Dilhi.

Ex. M-39 . . 24-8-1965 Letter from M^gnesite Syndicate Ltd., London to

M's. Burn & Co. Ltd., Calcutta.

Ex. M 40 . . 1-9-1965 Letter from Mi

M'i. Burn & Company Ltd., Calcutta.

Ex. M-41 . . 15-10-1965 Letter from Burn & Co. Ltd., Calcutta to Secretary, Chemical? and allied Products Export Promotion Council, Calcutta.

Ex. M-42 . . 25-11-1965 Letter from Mignesite Syndicate Ltd., London to

Burn & Co. Ltd., Calcutta,

Ex. M-43 . . 23-3-1965 Letter from the Magncsite Syndicate Ltd., London to Sri D. R. Subramaniam, M/s. Burn & Company Ltd., Calcutta.

Ex. M-44 . . 7-4-1966 Letter from the Magnesitc Syndicate Ltd., London

to M ' I. Barn & Company Ltd., Calcutta.

Jjx. M-45 . . 18-4-1966 Letter from the Magnetite Syndicate Lt., London

to MM, Hurn& Company Lt., Calcutta.

E . M-46 . . 9-6-1966 Letter from the Migncite Syndicate Ltd., London to Sri K. N. Marwiha, M's. Burn & Co. Ltd., Calcutta.

Ex. M-47 Series . — l'mmcial Statements of Burn & Comuanj Lid-, Salem

for the years T962/63 to 1965/66.

Ex. M-47(a) . , — Statement of gross return on capita¹. Ex. M-48 Series . — Balmcc sheets of the isi Manage.ncnt as at 30-4-63

to 30-4-1966.

Ex. M-49 . . 23-8-1956 Memorandum of Agreement repardini; 1'i.tu'ion of Wags

Rates of Workers m Canteen.

Ex. M-50 . . 27-9-1957 Copy settlement under Sec. 12(3) of the I. D. Act regarding clarification of Workmen in Factoiy and 1'ix^lion ofWagCb.

Ex. M-^i . 9-7-1960 Mcmii'.'ndumof settlement unior dec. 12(3) of the I. D. AcL—S'lh Fixation of Have WJ.^. and Dcamess Allnvince of Worker^.

F.\- M-52 . 18-8-1060 AiL-morandum of settlement undei Sec. n ' 3) of the f. D. Act—Sub Fixitio-i of Grndcs

HY M-53 , 3-9-T960 Memorandum of settlement under ycj. I S ( I) of the I. D. i\cf—The canteen woikcs given an increase of Rs. \ • 75 per month.

 Ex. M-86       .    .      r'8-7-1964  Demand.
 Ex. M-87       .    .      16-7-1964  Demand (D.A., House Rent and Leave Rules).
 Ex.M-8&        .    ,       12-8-1964  Letter  abovt demand  D. A.,  house rent and  le*verulei
 E\.M-S9        .           19-8-1964   Demand.
 Et,  M-90      .    ,       5-9-196^   Letter  about  demand.
 Ex, M-9.1      .    ,       7-9-1964   Dementi.
 Ex, M-Qz       .    .       8-9-1964   Call  for  comments.
 Hx. M-03       .    ,      16-9-1964  CDiTm.tn.f.  on  demand.
Ex. M-v>4       .    .      T7-9-1964  Letter   from   marEF'nicnt  to  the  Regional Labour
                                          Commissioner  (C)  Madras.
Ex. M-95        .    .      19-9-1964   Dcmcnd.
Ex.M-9rt        .    .     23-9-1964   Memorandum  cf     settlemert  tutider  Sec.  18(1) eftfce
                                          I.D.  Act.,  1947.
 KJC. M-97      .    .     5(5-10-1964  Demand.
Ex. M-98             .      6-10-1964   Dcmiireti7">  (it,
Ex.M-108        .    .      22-8-1965   CJ i i tu  t f  crirrd*.
Ex  M-109      .     .       5-9-1965  Cham r  of  .demands  and  Threat  of  acticn.
Ex  M-110       .    .       9-9-1965   Charici  of  demands.
Ex. M -m       .    .      10-9-196;   letter  adveinft  constituticral  n  feriB  tefcre rtscit'if"
                                         to  direct action.
lit,  M-112    .     .      12-9-196;   Demand.
lit  M-113     .    .      14-9-1965   Call  for  comments.
lit.  VI  H4   •     •     17-9-1965   Letter  for  co-operation  pendirg  deepen  in  rev'sicjr
                                         of  D.A.
Ex.  M-115     •     •      17-9-1965  Reply.
Bx.  M-116      .    .      1-10-1965  Memorandum of settlement.
Ex.  M-117      •    •     11-10-1965  Letter   frrm  the  R'gional   Labour  Ccirmi"(i*i"
                                         Madras to the management.
Bx.  M-118      .    .    16-10-1965    Letter for keep eg picctcd>rg( ptrd rp.
Sx.M-H9        .    .     37-12-1965  Demand.
Bx,M-i20       .     .       4-1-1966  Intimaticncf datesconciliaticEprcctedr^B.
Ex.  M-121      .    .      10-1-1966  Intjmaticn  of  dates  conciliation prcccedicgi.
Ex.M-121        .    .      13-1-1966  Withdrawal of demand.
Bx  M-123       .    .      14-2-1966  Application for  condliatien proceedings.
Ex.  M-124      ,    .      23-5-1966  Repcrt on failure on conciliation,
Ex.M-125       .     .     33-4-1966  Demand.
Ex.M-126       .     .      13-5-1966  Minutes of dirctission,
Rx.M-127       .     .      16-5-1966  Strike  notice from  Magneeitc  ^orken'  UniCBj to'"
                                         management.
Ex.M-izS       .     .     23-5-1966  Threat of direct  action.
Ex.  M-T29      .    .      33-5-1966  Call for comn.tnts on strike  nctiie.
Kx.  M-130           .      26-5-1966  Amendment to report  on failure  cf core']  it'OP.
Ex.M-131       .     .       3-6-1966  Comments on strike notice.
Ex.  M-I32      •    •       6-6-1966  Objection  to  the  Regional   Letcvr  C

5028  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  196S/KARTIKA  18,  1890  ll'AKl  U~
Ex. M-133  .  .  8-6-1966  Str'jte  notice. Ex. M-134  •  •  12-6-1966  Strike  notice Ex, M-135  .  30-6-1966  Strike notice. Ex. M-136  .  .  21-6-1966  Objection  to  unwarranted  demonstration. Ex,  M-137  .  .  22-6-1966  Reply to above. Bx. M-138  .  .  22-6-1966  Letter  ijegu  1 g tlr.t  i,ir>le  ccii(r. t e rtcfrnf c\ Ex,  M-139  .  •  25-6-1966  Letter  from  the  Rig'u-.al  Lal-cur  Ccn-m
Madras  10 'he  Mansgcmtnt  nnd  Union,
lix. M-140  .  .  25-6-1966  M'nutcs,  of  J ' c u t ' . fi  s. Bx. M-141  .  .  26-6-1966  Suikencixt  to the mam genient. Htx. M-142  .  ,  28-6-1966  L'Uur  cullirg  til  iinl<. Ex. M-143  .  .  30-7-1966  Letter  a.k'ig  w)<-t1i>  iJ.c  U n i i r t'  r r nt  If-  teen
included  11: die claims, <-l  Ms£i-CsitL  W u l - d i'  tr  icn,, Ex. M-144  .  .  1-8-1966  Reply in  nvgafWe. Kx, M-145  •  •  ~~  Balance  sheet*  for  6 (six)  ycaK,—1960 to  196J- Ex. M-1,46  .  .  —  Memorandum  of  settlement  under  Etc.  i£(l)  of  the
I.D.  Act,
dx.  M-147  .  .  ,30-5-1968  Memorandum  of  ECttltnUnt  unc!cr  £ic.  l£{i)  (.f  U^
I.D.  Act.
(Exa.  M-i  to  4  Scries  and  M-Ii  to  M-69  and  M-147
maiked  by  Managtmcnt  No.  1).
(Ext.  M-5  ro  M-ic  and M-70 to M-i46majked  ty  ma-
nagement  No.  II)
NOTJ  : — Fn:  pa 'ti-s are- directed to take return of their  document/documents  within  six jr.omhs
fy>m this  date
[No.  35/9/66-LR1.)
New  Delhi,  the  31.?/  October,  1968
S.O.  3944.—In  pursuance,  of  Section  17  of  the  Industrial  Disputes  Act,  1947  (14  ol 1937),  the  Central  Government  hereby  publishes  the  following  award  of  the  Central Industrial  Tribunal,  Delhi  in  the  industrial  dispute  between  the  employers  in  relation  to the  Punjab  National  Bank  Limited  and  their  workmen,  which  was  received  by  the  Central Government  on  the  18th  October,  1968.
BEFORE  THE  CENTRAL  GOVT.  INDUSTRIAL  TRIBUNAL,  DELHI.
1 PRESENT  :
Shri  R.  K.  Baweja,  Central  Govt.  Industrial  Tribunal  Delhi.
Uth  October, 1968.
REFERENCE  I.D.  No.  1  OF  1968,
BETWEEN
The  employers  in  relation  to  the  Punjab  National  Bank  Ltd.,
-AND
Their  workmen. Shri  M.  K.  Jain—for  the  hank,
Shri  C  L.  Bhardwaj—for  the  workman,
AWARD
By  Order  No.  51/75/67/LRIII,  dated  4th  January,  1968,  the  Government  of  Indid referred  to'this  Tribunal  for  adjudication  the  following  industrial  dispute  between  the aforesaid  parties:—
"Whether  the  action  of  the  management  of  the  Punjab  National  Bank  Ltd.  in terminating  the  services  of  Shri  Dharambir  Sharma,  Daftry  at  the  Burham- pur  Branch  of  the  Bank,  on  (he  22nd  June,  1966  i\  Justified?  If  not,  to  what relief  is  he  entitled?"
 
2,  The  facts  of  this  ca;>e  as  alleged  in  the  statement  of  claim  filed  on  behalf  of  the •workman  by  the  general  secretary  ol  All  India  Punjab  National  Bank  Employees'  Associa- tion.  Chandni  Chowk,  Delhi  (hereinafter  to  be  referred  as  the  Association),  are  that  the

.  C  Sfiij]  i  ^  GAz^iTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  <;oz9*
concerned  workman  was  appointed  as  a  probationer  peon-r"m-daftry  with  effect  from  21st ot  March  1966  at  the  Burhampur  bran.h  of  the  Punjab  National  Bank  Limited  (hercin- •thr  *  "jo  " f a r ed  as  na n k ).  OnJhe  22nd  of  June,  1966  his  services  were  lerm/nated with  effect  from  that  date  on  the  ground  (hat  h-  was  still  a  minor  and  was  not  eligible  lor service  of  the  bank.  It  is  alleged  that  this  was  contrary  to  the  provisions  of  the  bank award  and  also  against  the  principles,  of  natural  justice  inasmuch  as  the  employee  was  not served  with  a  charge-sheet  and  a  notice.  The  'LIT  manager  of  the  bank  was  approached by  various  representations  but  to  n:>  effect.  1 ue  workman  was,  however,  taken  in  service with  effect  from  21st  of  September,  1966  as  a  fresh  appointee  on  the  same  uou  The prayer  of  tho  Association  is  that  as  the  termination  of  services  of  the  workman  was arbitrary  and  illegal,  he  should  be  treated  as  in  service  during  the  interventing  period  i e from  22nd  of  June,  1966  to  20th  of  September,  1966  and  that  ho  be  awarded  full  wages with  all  other  benefits  for  this  period.
3.  The  bank  in  its  written  statement  raised  the  preliminary  objection  that  the  dispute was  not  an  industrial  dispute  but  an  individual  dispute  inasmuch  as  it  had  not  been  raisea by  a  substantial  number  of  workmen.  On  merits,  it  was  stated  that  the  concerned  work- man  submitted  an  application  on  the  21st  of  March,  1966  to  tho  manager  of  Khandwa office  of  the  bank  for  appointment  as  daftry-cNm-peon.  In  the  aforesaid  application,  he Stated  that  he  was  a  young  man  of.  19  years  and  so  he  was  appointed  with  c/tcct  trom  that date  at  Burhampur  office  of  the  bank.  After  sometime  it  transpired  that  the  date  of  birth of  the  workman  was  "20th  August,  1948"  and  on  the  date  of  appointment  he  was  a  minor which  was  against  the  rules  of  the  bank.  Since  he  obtained  appointment  by  mis-st:nement of  facts  with  regard  to  his  age,  his  services  were  rightly  terminated  on  the  22nd  of  June, 1966.  It  was  further  stated  that  on  the  26th  of  June,  1966  the  Association  by  its  letter dated  26th  of  June,  1966  brought  to  the  bank's  notice  that  the  termination  of  services  of the  workman  was  in  violation  of  Para,  139  of  tho  Sastry  Award  but  this  plea  was  not sustainable.  The  bank  was  further  informed  by  the  Association  in  August,  196f>  that  on an  enquiry  from  the  school  concerned  it  had  been  found  that  the  date  of  birth  mentioned in  the  character  certificate  issued  to  the  workman  was  wrongly  typed  as  "20th  August, 1948"  and  the  Association  requested  for  reconsideration  of  the  matter.  Thereafter  and  by tho  time  the  workman  became  major,  he  was  appointed  afresh  on  the  21st  of  September, 1966.  (t  was.  therefore,  pleaded  that  the  workman  had  no  case  and  the  order  of  termina- tion  of  his  services  was  justified  and  that  he  was  not  entitled  to  any  relief.
4.  The  preliminary  objection  regarding  the  competency  of  the  reference  was  not  pressed before  me  and  rightly  so.  Otherwise  aho  under  section  2-A  of  the  Induslri  il  Disputes Act.  1947  an  individual  workman  can  rar  s  n  dispute  rcgirding  the  termin...tir .1  of  his services.  In  tlie  in-,t ition  of  which  the  workm.n  is  a  mem- ber  h *J raise.1  this  demand  on  behalf  of  the  woikrnaa  and  the  icrcicnce  is  perfectly  valid.
5.  The;  fa^Lj  of  this  u.'c  au  mere  or  !c  r.  oJrn'UcJ  ^  I  ihall  p:ctcn(!y  !n\v.  The conccrv: 1 w>J:fi  ;n  n  ,  -  •'-  '••  '1  1 ">n '  ''•u  1'it;  2kt  t/  March,  \ct">  ti  ;'i  -i^voer  of die  Punjab  Faiional  Bmk  Liniua',  Khar.dwa  (S'xf.  M/2),  in  which  he  staled  that  he  wait a  y o u n ; " v i in  of  1  •*  T C " ".  A L i ny  W J (T  t i nt  a i f l i 'j  l i on  he  tul  i : hc  (  a  c c i - ' ' i i .^  ir  m  i nc
principal  of  the  Govcinn.cnt  Boy.  Higher  PccoaJary  School,  Chirag  Delhi  in  which  tlie said  principal  certified  (•) ,t  Dharamvir  Sh  rnid  had  pa^.icd  the  10th  CLRJ  e\  .mmt.ti n  held in  April,  1964  nud  th ,t  his  d^ts  of  bjith  w.is  20th  of  Augu-.t,  I94K.  It  K,  therefore, obvious  that  though  in  th^  application  the  concerned  workman  stated  tint  h^  ;ice  was  19 years,  yet  in  fact,  according  tj  the  certificate  attached  to  1h:  application,  he  w:.-,  bcliw  IS at  that  time.  Had  there  been  any  mala  fide  intention  on  the  part  of  the  concerned  workman to  conceal  his  age,  he  should  not  hive  attached  that  certificate.  It  is  true  that  in  the application  he  made  a  wr,jng  statement  of  lacl  jbout  his  aj;e  but  that  docs  not  seem  to  be nttila  fide.  The  manager  oT the  concerned  branch  of  the  bank  also  due  to  an  over-sight  or otherui'c  on  the  basis  of  this  application  gave  him  a  letter  of  appointment  considering  that his  age  was  19  years.  So  it  \\  is  a  buna  fid?  mistile  on  the  part  of  both  the  partie,.  Subse- quent'y,  it  seems,  that  th*  error  wai,  detected  and  by  an  order  dated  22nd  of  J.inc,  i'J66 his  services  were  terminated  on  (he  ground  of  his  minority  vide  Ext. M/3.  It  was  contend- ed  on  behalf  of  the  workma.i  tVl  if  oiice  a  person  was  taken  in  the  employment  of  the ban'x  though  he  was  a  minui,  ^is.  services  could  not  be  dispensed  with,  particularly  when on  the  date  of  teiminntion  of  hi*  l.ci-viccs  he  had  come  of  age  as  in  the  present  case.  On the  22nd  of  June,  1966,  however,  accoriins  to  the  certificate  attached  to  the  application he  had  not  come  of  age  as  his  date  of  birth  as  stated  therein  was  20th  of  August,  1948. It  was  only  in  August,  1966  that  the  union  informed  (he  bank  that  in  fact  the  date  of  birth of  the  workman  was  20th  of  June,  1948  and  not  20th  of  August,  1948  as  mentioned  in  the certificate.  Worn  the  school  leaving  certificate  Ext. W/12  duly  proved  by  Shri  D.  S. Gullaiya,  a  teacher  of  the  concerned  school,  it  is  obvious  that  the  date  of  birth  of  the employee  was  2()th  of  June,  1948.  But  the  f \ct  remains  that  on  the  date  of  the  termina- tion  of  his  services  neither  tho  bank  nor  the  union  knew  that  his  date  of  birth  was  20th  of June,  1948  and  not  the  20th  of  August,  1948  as  furnished  by  the  principal  of  the  school.

5030  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KART1KA  18,  1890  [PART  U—
So  it  cannot  be  said  by  any  stretch  of  imagination  that  on  the  date  of  the  termination  of his  services,  the  bank  knew  that  he  had  attaint J  the  age  of  18  years  because  this  was  made known  to  the  bank  in  August,  1966.  So  even  judged  from  that  angle,  the  order  of  termi- nation  of  the  services  of  the  workman  made  by  the  bank  cannot  be  held  to  be  mala  fide,
6.  The  learned  representative  of  the  workman  vehemently  argued  that  the  order  of termination  of  the  services  of  the  workman  made  by  the  bank,  even  if  he  was  below  18 at  the  lime  of  his  appointment,  contravened  the  provisions  of  Para.  139  of  the  All  India Industrial  Tribunal  (Bank  Disputes),  award  commonly  known  as  the  Sastry  Award.  Para. 139  of  the  said  award  is  contained  in  Chapter  VII  of  the  award  and  prescribes  the  scales of  pay  for  subordinate  staff.  It  dyes  not  luydown  the  conditions  of  eligibility  to  the appointment  in  thi  service  of  the  bank.  It  lays  down,  inter  alia,  that  an  employee  of  tho bank  if  he  happens  to  be  below  18  years  of  i>ge  will  gel  Rs.  5/-  less  than  the  other  em- ployees  who  wre  above  18  years.  It  docs  mil  by  down  that  a  person  below  the  ace  of  18 yeais  should  necessarily  he  cmpljyeJ  w'.th  the  b ink  it  the  terms  and  conditions  of  employ- ment  of  that  particular  bank  du  not  so  wa:r.mt  Shri  M.  K,  Iain,  Assistant  Manage:  of the  bank  has  produced  a  copy  of  the  circular  date 1 6th  of  March,  1957  issued  by  the  bank in  which  it  is  categorically  state 1 th'it  the  miaim.im  age  of  an  employee  at  the  time  of  his appointment  should  not  be  less  than  11! y:\irs  except  in  cice  of  cashiers'  staff  whose minimum  age  limit  was  fixed  at  21  years.  I,  therefore,  do  not  think  that  para.  139  of-  the Sastry  Award,  in  any  way,  ovcr-ridca  this  rule  <_•!. the  bank  which  relates  to  the  recruit- ment  of  peons,  daftries,  clerical  staff  etc.  Shri  Dharamvir  ns  WW1  himself  admitted  that at  the  t;me  of  application  his  age  was  not  19  yc:irs.  I,  therefore,  feel  that  nara.  !39  of  the Sastry  Award  is  nut  opposed  to  the  order  made  by  the  bank  which  was  in  pursuance  of their  recruitment  rules.
7.  It  was  next  contended  that  the  procedure  for  termination  of  employment  and  taking  .
disciplinary  action  a-, laid  down  in  Chapter  XVIII  of  tho  Desai  Award  was  not  followed in  the  prc-.cnt  case  and  for  thnt  renson  the  order  of  termination  was  bad  in  law.  Tt  is  true that  (he  workman  was  not  charge-sheeted  nor  wai  he  served  with  any  notice  before  the order  of  termination  of  his  servi.es  w.ii  pa.oj  1.  The  learned  representative  of  the  bank frankly  conceded  that  even  if  thL  ws  a  lacuna,  the  enlirc  matter  was  before  this  Tribunal and  it  was  to  be  seen  by  it,  if  the  order  was  justified  or  not.  There  arc  authorities  on  this point  that  if  a  reference  is  made  to  the  Tribunal  about  the  wrong  termination  of  services of  an  employee  and  the  whole  matter  is  before  it,  then  it  can  adjudicHtc  even  if  there  has been  no  enquiry  as  a  result  of  the  charge-sheet  against  the  deliquent  employee.  This  being 80,  I  have  given  my  very  careful  consideration  to  the  dispute  between  the  parties  in  the present  adjudication.  The  point  is  quite  simple.  The  employee  wrongly  stated  in  his application  that  he  was  19  years  of  age  at  the  time  of  his  appointment  though  according to  his  own  admission  he  was  not.  The  bank  after  a  few  months  detected  that  the  appoint- ment  was  wrong  as  according  to  their  rules,  which  admit  of  no  exception,  a  minor  had been  appointed.  At  the  time  of  termination  of  his  services,  the  bank  even  did  not  know that  he  had  come  of  age.  In  August  when  it  W.T",  made  known  to  it,  that  the  date  of  birth Of  fhe  workman  was  20fh  of  June,  1948  and  that  he  had  come  of  age  by  that  time,  it  again took  him  in  employment  with  effect  from  21st  of  September,  1966.  The  prayer  of  the workman  h  that  the  period  which  elapsed  between  the  termination  of  service  and  his  fresh appointment  should  be  condoned  and  he  should  be  treated  to  have  continued  in  service. In  my  opinion,  the  bank  was  perfectly  justified  after  the  detection  of  the  mistake  in  termi- nating  the  service  of  the  worl;man  and  there  was  no  mala  fide  or  bad  intention  in  its  order. Even  before  me  from  the  statement  of  the  workman  no  such  inference  can  be  drawn  His vague  statement  that  the  manager  of  the  Khandwa  branch  of  the  bank  wanted  to  appoint his  own  man  in  his  place  is  not  borne  out  from  any  documentary  evidence  on  the  record, 1,  therefore,  do  not  feel  that  the  order  was  mala  fide  and  without  justification  and  the  work- man  is  entitled  to  any  relief.  The  award  is  made  accordingly,
(Six  pages)
Sd/-  R.  K.  BAWEJA,
-11/A  October,  1968.  Central  Oovt.  Industrial  Tribunal,  Delhi.
[No.  51/75/67/LRIII.l
O.  P.  TALWAR,  Under  Secy.
(Department  of  Labour  and  Employment)
New  Delhi,  the  30th  October  1968
S.O,  3945.—Whereas  tho  Central  Government  was  satisfied  that  M/s.  Bharat  Wood Works  Private  Limited  was  situated  in  Namrup  area  which  was  a  sparse  urea  (that  is,  an "rea  whose  insurablc  population  was  less  than  500)  in  the  district  of  Lakhimpur  >•  tte State  of  Assam;

,Ssu  3(ill]  THU  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  5031
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 73F  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  notification  of  the  Government  of India  in  the  late  Ministry  of  Labour  and  Employment  No.  6(77)/63-HI  dated  the  24th April,  1963;
And,  whereas  the  Central  Government  is  satisfied  that  the  insurable  population  cif  the Namrup  area  in  the  district  of  Lakhimpur  in  the  State  of  Assam  has  now  exceeded  500, and  it  is  no  longer  a  sparse  area;
Now,  therefore,  in  exercise  of  the  powers  conferred  by  section  73F  of  the  Employees' State  Insurance  Act,  1948  (34  of  1948),  the  Central  Government  hereby  makes  the following  further  amendment  in  the  said  notification  namely:—
In  the  Schedule  to  the  said  notification  in  the  entries  relating  to  serial  No.  3,  the entry  "Namrup"  in  column  3  and  tho  entry  against  it  in  column  4  shall  be omitted.
[No.  F.  6/90/68-HL]
S.O.  3946  -In  exercise  of  the  powers  conferred  by  section  73F  of  tho  Employees State  Insurance  Act,  1948  (34  of  1948),  the  Central  Government,  having  regard  to  the location  ol  the  Government  Press  at  Bhavnagar,  belonging  to  the  State  Govenmc.it  of Gujarat,  in  an  implemented  area,  hereby  exempts  the  said  Press  from  payment  of  the employeA  special  contribution  leviable  under  Chapter  VA  of  the  said  Act,  for  a  period of  one  year  upto  and  inclusive  of  the  7th  October,  1969.
INo.  F.  6(86)/68-HI.]
1  S.O.  3947.—Whereas  the  Central  Government  is  satisfied  that  the  Garhara  installation belonging  to  the  Indian  Oil  Corporation  Limited  is  situated  in  an  area  where  the  provisions of  Chapter  V  of  the  Employees'  State  Insurance  Act,  1948  (34  of  1948)  have  not  yet  been enforced;
Now,  therefore,  in  exercise  of  the  powers  conferred  by  section  73F  of  the  Employees* State  Insurance  Act,  1948  (34  of  1948),  the  Central  Government  hereby  exempts  the  said installation  from  payment  of  the  employers'  special  contribution  leviable  under  Chapter  VA of  the  said  Act,  until  the  enforcement  of  the  provisions  of  Chapter  V  of  the  said  Act,  in the  said  area.
[No.  F.  6(78)/68-HI.]
S.O.  3948.—In  exercise  of  the  powers  conferred  by  section  73F  of  tho  Employees' State  Insurance  Act,  1948  {34  of  1948),  the  Central  Government,  having  regard  to  the location  of  the  Vaccine  Institute,  Nagpur,  in  an  Implemented  area,  hereby  exempts  the  said institute  from  the  payment  of  the  employers'  special  contribution  leviable  under  Chapter  VA •of  the  said  Act  for  a  period  of  one  year  upto  and  inclusive  of  the  3rd  September,  1969.
[No.  F.  "(65)/67-HI.l
New  Pelhi,  the  31ir  October,  1968
 
S.O.  3949.—In  pursuance  of  clause  (c)  of  sub-paragraph  (1)  of  paragraph  4  

5032  I™  GAZETTE OF INDIA: NOVEMBER 9,  1968/KARTIKA  18.  1890  [PAHT  l i~
notification  of  the  Government  of  India  in  (he  late  Ministry  of  Labour  No.  S.R.O.  3381 dated  the  2nd  November,  1954,  namely:—
In  the  said  notification,  against  item  4,  for  the  existing  entry,  the  following  entry  shall be  substituted,  namely:—
"The  Secretary,  South  India  Mil!  Owncre'  Association,  Coimbatore",
[No.  12(8)64-F.F.I1.]
DALJ1T  SINGH,  Under  Secy.
(DeputniMtt  of  Labour  and  Employment)
[Office  of  the  Chief  Labour  Commissioner  (Central)]
ORDER
New  Delhi,  the  29th  October  1968
S.O.  3950.—Whereas  an  application  has  been  made  under  Section  19(b)  of  the  Pay- went  of  Bonus  Act,  1965  by  Messrs.  South  Parasea  Collieries  (P)  Ltd.  (employer)  ia relation  to  their  establishment  mentioned  in  the  Schedule  below  for  extension  of  the period  for  the  payment  of  bonus  to  their  employoes  for  the  accounting  year  ending  on  30th September,  1967.
And  whereas  being  satisfied  that  there  are  sufficient  reasons  to  extend  the  timo  I  have, in  exercise  of  the  powers  conferred  on  me  by  the  proviso  to  clause  (b)  of  section  19  of the  said  Act  read  with  the  notification  of  ihc  Government  of  India  in  the  Ministry  of Labour  and  Employment  No.  WB-20(42)/65  dated  the  28th  August,  1965,  passed  orders on  extending  the  period  for  payment  of  the  said  bonus  by  tho  said  employer  by 6(six)  months  from  the  last  date  for  payment  of  bonus  under  clause  (b)  of  Section  19  of tho  Act.
Now  this  is  published  for  information  of  the  employer  and  all  the  employees  of  the said  establishment.
ScflTDULE
Establishments,!
Name  and  address  of
the  eraployer(s)
South  Parasea  Colliery The  South  Parasea  Collieries  (P)  Ltd., P.O.  &  T.O.  Kajoragram, Distt.  Burdwan.
[No,  B.  A.  5(10)/68-LSI.J
O  VENKAT4CHA.IAM,
 
Chief  Labour  Commissioner  (Central)-

Sue.  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890 5033
MINISTRY  OF  INDUSTRIAL  DEVELOPMENT  AND  COMPANY  AFFAIRS
(Department  of  Industrial  Development)
New  Delhi,  the  28th  September  1968
S.O.  3951.—In  exercise  of  the  powers  conferred  by  the  proviso  to  article  309  of
the  Constitution,  the  President  hereby  makes  the  following  rules  further  to  amend  the
Small  Sole  Industries  Organisation  [Class  I  and  Class  II  (Gazetted)  Posts]  Recruitment
Rtdes,  1M2  namely:—
1.  (1)  Thtse  rules  may  be  called  the  Small  Scale  Industries  Organisation  [Class  I  and
Class  n  (Gazetted)  Postal]  Recruitment  1  (Amendment)  Rules,  1968.
(2)  They  shall  come  into  force  on  the  date  of  their  publication  in  the  official  Gazette.
2,  In  tke  Snail  Scale  Industries  Organisation  [Class  I  and  Class  II  (Gazetted)  Potto]
Recruitment  Rules,  1962,  in  the  entries  relating  to  the  posts  included  in  Schedules  II,  m,
IV,  V,  aad  V m,  in  column  6,  after  the  existing  entry,  the  following  entry  shall  be  inserted,
namely:—-
"Ol"faxable  for  Government  servants)".
[No.  F.  13/7/W-EJJ
G.  RAMANATHAN,  Under  Secy.
(Department  of  Industrial  Development)
ORDER
New  Delhi,  the  28th  October  1968
S.O.  3"53/IDRA/18G/*7.—In  exercise  of  the  powers  conferred  by  section  HG  aad
section  25  of  the  Industries  (Development  and  Regulation)  Act,  1951  (65  of  1951),  and
of  all  other  powers  enabling  it  in  this  behalf,  the  Central  Government  hereby  makes  the
foirowiMj  Order  further  to  amend  the  Cement  Control  Order,  1967,  namely :
1.  This  Order  may  be  called  the  Cement  Control  (Seventh  Amendment)  Order,  1968.
2.  It  shall  be  deemed  to  have  come  into  force  on  the  1st  April,  1968.
3.  la  the  Schedule  to  the  Cement  Control  Order  1967,  in  item  No.  It  relating  to
M/s  Shree  DigWjay  Cement  Company  Limited,  against  "Ahmedabad  Works"
under  the  heading  Trice  per  metric  tonne1  in  colnmn  2,  for  "Rs.  115.87  the
entry  "Rs.  H6.50"  shall  be  substituted.
[No.  F.  1-35/67-CEMJ
K.  I.  VIDYASAGAR.  Joint  Secy.

5034  T HE  GAZETTE  OF  INDIA;  NOVEMBER  9,  1968/KARTIKA  18,  1890  [PAJT J&—
(Deptt  of  Industrial  Development)
ORDER
New  Delhi,  the  28th  October  1968
S.O.  3954/IDRA./6/5.—In  exercise  of  the  powers  conferred  by  acctipa  (  pf  the Industries  (Development  and  Regulation)  Act,  1951  (65  of  1951),  read  with  Rules  %, 4  end 5  of  the  Development  Councils  (procedural)  Rules,  1952,  the  Central  Government  hereby appoints  the  following  person  to  be  a  member  of  the  Development  Council  established  by He  orders  of  the  Government  of  India,  in  the  Ministry  of  Industrial  Development  and Company  Affairs  No.  S.O./1DRA/6/5  dated  the  30th  April,  1968,  and  the  13th  June,  1968, for  the  scheduled  industries  engaged  in  the  manufacture  of  production  of  electric  motors and  of  machinery  and  equipment  for  the  generation,  transmission  and  distribution  of  elec- tric  energy  (excluding  house  service  maters  and  panel  instruments).
Shri  J.  C.  DiUhit,  General  Secretary,  INTUC-U.P.  Branch,  19,  Lajpat  Rai  Marg, Lucknow.
The  Central  Government  also  directs  that  the  following  amendment  shall  be  made  im the  said  order,  After  entry  No.  23  relating  to  Shri  B.  N.  Baliga,  the  following  entriea  rttall be  inserted,  namely:
24.  Shri  J.  C.  Dikshit,  General  Secretary,  INTUC-UP  Branch,  19,  Lajpat  ftftl  Mug, Lucknow.
[No.  EEI-l"(20V63.] P.  J.  MENON,  By.  Secy.

SEC.  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  I968/KARTIKA  18,  1890  5035
(Department  of  Company  Affairs)
(COST  AND  WORKS  ACCOUNTANTS)
Mew  Delhi,  the  31st  October  1968
S.O.  3956.—In  pursuance  of  clause  (a)  of  sub-section  (2)  of  section  9  of  the  Cost Works  Accountants  Act,  1959  (23  of  1959),  the  Central  Government  hereby  makes  the following  furthor  amendment  in  the  late  Ministry  of  Commerce  and  Industry  (Department <"I  Company  Law  Administration)  Notification  No.  G.S.R.  612  dated  the  25th  May,  1959, nanely  :—
In  the  said  Notification,  for  item  4  the  following  item  shall  be  substituted,  namely:—
"Northern  India  Regional  Constituency  comprising  the  States  of  Punjab,  Rajasthan, Uttar  Pradesh,  Haryana,  Jammu  and  Kashmir  and  the  Union  Territories  of Delhi,  Himachal  Pradesh  und  Chandigarh."
[No.  7/41/66-IGC]
CHARTERED  ACCOUNTANTS
New  Delhi,  the  31st  October  1968
S.O.  3957.—In  pursuance  of  clause  (a)  of  sub-section  (2)  of  section  9  of  the  Chartered Accountants  Act,  1949  (38  of  1949),  the  Central  Government  hereby  makes  the  following further  amendment  in  the  late  Ministr>  of  Commerce  and  Industry  (Deptt.  of  Company Taw  Administration)  Notification  No.  S.O.  275  dated  the  12th  March,  1958,  namely :— In  the  said  notification,  for  item  5  the  following  item  shall  be  substituted. T he  Union  territories  of  Delhi,  Himachal  Pradesh  and  Chandigarh  and  the  States of  Punjab,  Ilaryana  and  .l;immu  and  Kashmir."
[No.  7/41/66-IGC]
M.  C.  VARMA,  Under  Secy.

(Department  of  Industrial  Development)
5 0 3 6
(Indian  Standards  Institution)
jYeoi Delhi  the 24th October, 196S
T H E
SXI.3558.—'In  pursuance of sub-regulation  (1) of Regulation  8 of the Indian  Standards Institution  (Certification  Marks)3Regi;laicrs.  15 5 5. as subse-
quently amended, the Indian Standards Instirarion  hereby notifies that twenty Licences, particulars of  vrhich are given in the  Schedule  hereto  annexed,  have been  granted authorizing the licensees to use the Standard  mark:
G A Z E T T E
THE  SCHEDULE
O P
I
N D Name and Address of the Licensee
Relevant  Irdian  Standard
I Period of Validity From  To
Article/Process  Covered  by  the licensee
A SI. No.
:
Licence No.  and Date
N O V E
1
2
6
3
5
7 4
M B E R
9
, 1
IS:  2:6-1962  Specification  fo
Structural  steel  (standard  qualitj)
_ 16-9-68 1 9 6 8
/
2
K A R T
I
K A 3 1 8
,
1 8 9 0
4
[ P A S T
I I
—

BJiC dusting powders
1-9-68 31-S-69
5 CM/L-1786 11-9-1968
S E C
.
IS:  561-1962  Specification  for BHC  dusting  powders  (second revision)
3 M/s  Goa  Pesticides  Private  Ltd., Fartoda,  Margao  (Goa)  having their Office  at Chowgule House, Momuguo Harbour, Goa.
DDT diis ting powaers
( i i ) ] 1-9-68
6
IS:  564-1961  Specification  for 31-8-69
D DT  dusting powders.
CM/L-1787 11-9-1968
T H E M/s  GM Pesticide  Private  Ltd., Fatroda,  Margao  (Goa)  having their  Office  at Chowgule House, Morm ]guo Hirbourj  Goa.
Htxare.food  grau'e
IS:  3470-1966  specification  for 1-10-68 30-9-69
7 CM/L-1788 16-9-1968
M/s  Esso  Standard  Eastern  I r e, EssoBiUding,i7Jamshcdji  Tata
hexane, food grade
G A Z E T T E
Road, Bambay-i  for their  factory at  M's  Esso  Staadard  Refining Company  of  India  Ltd.,  Esso Rifiaery, Bombay-74.
O F
I
8
1-10-68 30-9-69
Hexane.food  graue
M/s  Burmah  Shell Oil  Storage &
IS:  34?o-i9€6  Specification  for CM'L-1789 16-9-1968
h:xane,  food  grade.
N D
I
A
:
Distributing  Co.  of  India  Ltd- Birmih  SheO  HoJse,  Ballard Enate, Bombay-i  for  their  fac- tory M's Birmih  She 11 Refine- ries Ltd, Mohulj Bombay-74.
N O V E
16-9-68 15-9-69
Malathion  enr'L.fiable  corcer.tra-
M's  Centra) Insecticides & Ferti-
9 CM/L-1790 13-9-1968
tes
lizers,  Vihar  Lake  Road,  Saki Nakaj Kurla. Bombay-70.
IS:  2567-1963  Specdicalior  for milathion  cm-ilsifiable  concen- trates.
M B E R
10
9 16-9-68 15-9-69 M/s Sur Iron & Steel Co  P. Ltd,
, CM/L-1791 16-9-1968
IS:  2635-1966  Specificatoj  fcr DC  electric  welding  generators
dC electric weldir g geceratoi hav- ing  maximum  continuous  hacd welding  currert  of  300  amperes revised)
373 G.T.  Road, Bel or, Howrah hiving their Office at 15 Convent Road, CaIcutta-14.
1 9 6 8
/
11
1-10-68
The Khodiyar Pottery Works LU1,
30-9-69
CM..' L-1792 16-9-1968
Vitreous  sanitary  appliarces  \il- reous china) consisting  of:
K A R T
Opposite Rail way Station, Sihor, GujaratState.
I
K A
IS; 2556 (Part I>I967  Specfica- tion  for  veterous  sanitarj'  ap- pliances (vitreo'Js china) Part I General rfquiremer tsfirst  re- vision).
(1)  Wish-Jowl  water-closets,
1 8
,
pattern  1  Height  400  mm, front  and  rear  'with  P-trap and S-trap)
1 8 9 0
IS: 2556  (PartII)-l967Specifica- tion  for  vitreo'JS  sanitary  ap- pliances  (vitereous  china)  Part II  specific  requirements wash-down  water-closets  (r" revision)
 
5 0 3 7

I
5
5 0 3 8 2
6
7 3
4
T H E
(2)  Long  pattern  squatting  pan, ,  sizes 580 mmj, 63Otmm & 680 '  ram and T'  type  trap
IS:  2556  (Part  III)-r967  Speci- fication  for  vitreous  sanitary appliances (vitreous china) Part III  specific  requirements  of squatting  pans  and  traps  (_first
revision).
G A Z E T T E
(3)  Wash  basins, flat back, sizes "630 x 450mm,  550 x 400mm, ^aad 450x300 rnm  and angle
O F
I
back size 600 x 480 mm-
IS:  2556  ( P ^t  IV>I967  Speci- fication  for  vitreous  sanitary appliances (vitreous china)  Part IV  specific  requirements  of wash  basins  (first revision). N D
I
A
:
(4)  Sinks, laboratory, sizes 450x  IS:  2556  (Part\O-1967  Specifioa- 300 X 150mm. and 400x250 x  tion  for  viterous  sadtary  ap- 150 mni; and  pliaaces (vitreous china)  Part V specific  requirements  of  labo- ratory  sinks  ( first revision).
N O V E
IS:  2556  (Part  \T)-tg&j  Speci-
(5)  Urinals,  bowl  pattem3  flat back, size 430 mm and sq'iat- tmg  plate sizes 600x  350mm and45OX35O m^a.
M B E R
fication  for  vitreous  sanitary appliances (vitreous china). Part  VI  specific  requirements of  Jrinals  {first revision).
9
,
Endrin emulsiflable  cor.cet.trates
12
16-8-68
M/s  Sitidhichem  Pnvate  Ltd.,
15-8-69
CM/L-1793 13-9-1968
1 9 6 8
/
IS:  1310-1958  Specification  for endrin  em'Jteifiable  concentra- tes.
Sindhi,  Distt.  Wardha  having their Office  at Dharaskar  Build- ing, Ramdaspethj  Nagpur.
K A R T
IS:  3178-1965  Specification  for
Abrasive emery grain
i-io-b8 10-9-69
I 13
abrasive  emery  grain.
CM/L-1794 17-9-1968
K A M/s  Emery  (India)  Private  Ltd., Krishna  KQDJ,  Pandit  Nehru Marg,  Badeshwar5  Jam.Tagar-2, Gujarat  State.
1 8
,
IS:  916-1966  Specification  for
I8-litre  squaretins
1-10-68 30-9-69
14
18-litre  square  tins  (revised).
CM/L-1795 17-9-1968
A$/s  Bhavnagar Vegetal le Products Ltd., 3  lacier  Road,  Rhavnagar.
1 8 9 0
(
Jadustrial  safely  hehnets
30-9-69
1-10-68
J5
IS:  2925-1964  Specificatiot  for industrial  safety  helmets.
CM/L-I796 20-9-1968
P A R T M/s  Modern  RubfcerMsau&ctur- ers  Private Ltdo  1 Tiljala  Lace, Calcutta-39  having  their  Re'gd. Ofi5ce  at 12-1-B Lindsay  Street, Calcutta-j 6,
H —

1-10-6I
M/G.IadustnalEitMs&Chemicals.  Endrin  emulsifiable  concentrates
30-9-69
S e c CM/L-J797 20-9-196!
. '
IS:  1310-1958  Sptc/ficater  f^r endnn  cm'-Ustflible  cancenTra- ter.
3
( i l ) l
Plot  N O - A - I Q , M I DC  Iodustria] Area  Chemical Zone at  Ambarnath Di?tt. Tbana  having  tbcir ofUca  at R - n B a n k of  Baroda  Baildinj Palttm Road,  Bombay-i.
T H E
I-IO-68
IS  :  814-1967  spetaficirion  for 30-9-69 M/s.  J.B. Ad'/ani  Osrlikon  Blec-  Covered  ekctrodes for metal arc
17 CM/L-1798 209-68
covered  electrodes for metal arc welding  of  mild  steel.
G A Z E T T E
trades  Private  Ltd.,  Vandilnr  weldirg  of  mild  steel. Pilifccttaynr  village  Chinglepet Distt. Madras  having their  Office at  98-A Armenian  street,  Batlifcfli House.2nd Floor-Madras-1.
O F I-IO-68 30-9-69
Endrin  emulS'flable  coccer.trstt s
18
I GM/L.-I799 25-9-1968
IS:  1310-1958  Specification  for endrin  emjlsifiable  concentra-
tes.
The  Agro  Industrial  & Chemical Co.,  13-A K alyan i View, Rudar- pur, (Nsinital).
N D
I
A 1-10-68 30-9-69
Light caoutchoucice
IS:  4117-1966  Specification  for
:
19
alcohol  denaturantF.
CM/L-1800 26-9-1968
M/s.ResearcHN Sales Centre,M-2 Industrial  Area,  Soncpat  fHar- yana).
30-9-69
20 CM/L-1601 27-9-1968
IS:  410-1967  Spedfication  for rolled  brass  plate  sheet, strip and  foil  ( second revision).
M/s,  Aggarwal  Mcul  Works Private  Ltd.,  Ajrawal  Road, Rcvfari.
Rolled brass  sheets  aid stripj other than  rhose  meant  for  utensils above o- 5 mm thickness. Desig- nation Cu Zn 3
N O V E M B E R
9
,
1 9 6 8
/
[No.  CMD/13  :  11].
K A R T
I
K A
1 8
,
1 8 9 0
 
5 0 3 9

5 0 4 0 S.O.  3">9— TQ  pursuance  of rejolatioa  4 of the  Indian  Standards  Institution (Certification  Marks)  Regulations, 1955, the Indian  Standards  Insti- tutronnerebyTi'JtifissthatainialnieatCs)  to the Indian Standings) given in the schedule hereto annexed  have  been  issued  under  the  powers  conferred  by the  sub-regulation(i)of  Regulations  ofthe  said  Regulations.
THE  SCHEDULE^
T H E
Brief particulars of the Amend-
G A Z E T T E Serial  No.  and tkleof the Indian Standard No.  amended
No. and date of Ga- zette Notification  in which the establish-  No. and date of  the ment  ofthe  Indian  Amendment
ment
Date from  wbich  the amendment  s^aTI  have
Standard was notified
effect
O F
I
CO
(9
C5)
(3)
W
(4)
N D
I
A
:
1
31 July 1968 IS:  727-1964  Specification  for  hard  drawn
No.  1
Table II  has been amended  and a note has been added  there-
S. 0.  2595  dated 1 August  1964
July 1968
carbon steel wire for springs  for  genera] engineering purposes {Revised).
under.
2
Page 3, Table I,  co]  3  against SI, 30 September  1968.
IS:  1070-1960  Specification  for  water,
No. 1
S. O.224 dated
distilled  quality (Revised)
28 January 1961 September 196S
No.(ii),(page4  of  the  Reprint Substitute *5 • 0 to 7 • o* for'6 • 0
to  7-0*).
N O V E M B E R
9
1 October  1968.
No. 1
(i)  Title ofthe  Standard  has
,
S, O. 3065 dated
3
been amended,
15 October 1966 August 1968
1 9 6 8 IS:  1139-1966 Specification  for  hotroHed mild  steel  and  medium  tensile  steel deformed  bars  for concrete  reinforce- ment (.Revised).
/
(ii)  Clauses  1.1,2.4,3.1,4.1, 4.I3 5.1,9.1,9J,and  table 1 have been substituted by new ones,
K A R T
I
K A
(iii)  Oauses2,9,5.5and5.6have been deleted  and the subse- quent  ones  renumbered accordingly,
1 8
.
(iv)  Re-numbered  clause  2-9 has been substituted  by a new one.
(v)  A new clause 4.4 has been
1 8 9 0
added.
[
P A R T
I I -
{yi)  Re-numbered  clause  5.5 has been amended and (vii)  A  new  clause  IC4  has been added after  10-3 and the  existing  clause  10'4 re-numbered as 10 • 5.

11:  1 j.71  (Pirt  II),—1952  Methods  of
1 October 1968.
No. 2
4
sampling ferro - alloys, P art II.
Oct. 196S
S e c 3
No. 1
31 july 1968.
New  matter has been  added  in ckuse 0.3 and Tibia  III. The Diagram in table XII has
5
( t
been substituted by a new one
July  1968
S. O. 1147 dated 20 April 1963 S. 0.1176  dated 27  M"y  1961
y IS:  1538-1960 Specification  for cast iron fit- tings for pressure pipes for water, gas and icwage
]
6 IS:  17&5-1966Specification  forcold  twis-
No. 1
16 September 1968.
S. O.  4023 dated
(i)  Clauses 2.3 & 2 J( have been
31 December 1966
August 1968
T H E ted steel bars for concrete  reinforcement (.Revised).
substituted  by a  newclause 2.3  and  subsequent  ones re-numbered  accordingly, (ii)  Re-numbered clauses  2.5,
G A Z E T T E
2.7,2.8 and existing clauses 3.1,  6.i,  8.1  &  8.2  have been  substituted  by  new ones,
O F
I
(iii)  CIanse4.3has been deleted, (iv)  A new clause 9.4 has been add ed after clause 9 • 3 and
N D
g  the existing clause 9.4 re-
I
numbered as 9 • 5.
A
:
31 August 1968.
No. 2
(i)  Clauses 0.5, 7.2.1  and  4.1
7
S.0.1760  dated 29 June 1963
have been amended.
August 1968
IS:  1897-1962  Specification  for  copper strip for electrical purposes with drawn or rolled edges (0-50 mm to  1*50 mm Width)
N O V E
(ii)  Gause7.2J has been subs- tituted  by a new one.
8
No.  1
Table 1 and Fig. 1  have  been 1 October 1968.
IS:  2209-1966Specificationformortice locks (vertical type) First Revision).
S. O.  1759 dated 20 May 1967
M B E R
October 1968 No. 3
amended. (i)  Note  under  Table  1  has  1 October 1968.
9
9
,
S. O.89S
dated 20 March 1965
been substituted  by a new
September 1968
IS:  2S30-1964  Spsdficatianforcarbonsteel billets for re-rolling into structural  steel (standard quality).
one.
1 9 6 8
/
(ii)  Clause 9.1 has been  amended, (iii)  Clause 9.2 has been subs- tituted  by a new one.
10
No. 1
S. O.618  dated
1 October 1968.
.
20 February 1965
July 1968
K A B T
I IS:  2831-1964  Specification  for  carbon steel billets  for  re-rolling  into  structural steel (ordinary quality).
(i)  Note  I  under  table 1  has been substituted  by a new one.
(ii)  Clause 8.1 has been amen-
K A
ded,
1 8
,
11
30 September 1968.
No, 1
(iii)  Clause 8J has  been  subs- tituted  by a new one. Qusei.i  has been substituted  by
S. 0.1922  dated
1 8 9 0
2 July 1966
September 1968
a new one.
IS:  3374-1965Specification  for  preformed galvanized  steel  wire  ropes  for  aircraft controls.
 
5 0 4 1

5 0 4 2
(5)
(3)
(0
T H E
T2 IS:  3533-1966 Method for estimation  of
No. 1
(page20, clause 14'3, formula)—  3oSepttmter  i$tS
S. O.3818  dated
17 December  1966 September  1968
substitute Ax 0-001x5  A x o . o o i x5 common preservatives used in textile  in- dustry.
G=  f o r C=
B  B
G A Z E T T E
Informalubleindause6.3.i  has  3oSeptember  1968
No. 1
S. O. 520 dated
13
O F
been substituted by a new one
10 February iq68 September 1968
I IS:  43i7(PartI)—1967  Specification  for aluminium electrolytic capacitoos  Part  I General requirements and tests.
N D
I
A
:
Copies of these ameudment slips are available with the Indian  Standards Institution, 'Manak BhavanV, 9 Bahadur Shah Zafar  Marg.  Ntv  Delhi-i aad  also its bcaach offl^s  at (i) Novelty Chambers'Grant  Road'Bombay-7  (ii) Third  and  Fourth  Floors^s  Chowninghee  Approach,  Calcurta-i3 (iii) Second  Floor, Sathymurthy  Bhavan,  54, General Patters  Road,  Madras (iv)  117/418-B, Sarvodaya  Nagar3  Kanpur  & (v) Industrial  Estate Ad- miaistrarive Building, Saaatnagar,  Hyderabad.
[No.  MD/13  : 5]
N O V E M B E R
9
,
1 9 6 8
/
K A R T
I
K A
1 8
,
1 8 9 0
[
F A A T
I I
—

New  Delhi)  the  zltk  October 1968
S E C
.
3 S.O,  396*,—In  pursuance  of sub- regulation  (1)  of Regulation  8 of  the  Ird'aa  Standards  lastiutka  (Certification  Marks)  Regulations,  1955,  as sub- sequently  amended, the Indian  Standards Institution hereby notifies that Seventy six licences, par*icularsof which are given  in  the  Schedule  hereto  annexed have been  renewed.
( i l ) ]
T HE  SCHEDULE
T H E
Article/Process  covered  by  the  licence  and
Name  and  Address  of  the  Licensee
Licence  No.  and
Period  of  Validity
the  Relevant  Indian  Standard  No. date
Serial No.
From  To
G A Z E T T E
(6)
( 2)
( i)
(3)
(3)
(4)
O F
I 1
Wrought  Aluminium  and  Aluminium  Allnj
M/s.  Lallubhai  Amichand  Prt.  Ltd.,  48/50,
I-9-1968 31-8-1969
Utensils—IS: 21-1959.
Kansara  Chawl,  Bombay-2.
CM/L-13 3-9-1956
N D
I
A
2
:
The  Metal  Rolling  Works  Pit.  Ltd.,  104,  Sion-
1-9-1968 31-8-1969
Wrought Aluminium  and Aluminium  Alloy Sheets, Strips and Circles—IS: 21-1959".
Matunga Estate, Sion, Bombay-22.
CM/L-14 3-9-1956
Titanium  Dioxide for Paints,  Anatase (Type
M/s.TravancoreTitaniumProductsLtd.j  Kochu
1-101968 30-9-1969
N O V E
A)—IS:  4H-1968.
CM/L-96 18-9-1958
Veli,  TrivBndrum-7.
BHC  dusting  powders—IS: 561-1962. 1-10-1968
M/s.  Tata  Fison  Industries  Ltd.,  Pallunithy;
30-9-1969
4
M B E R
Cochin-5.
M/s. Tata Fison Industries  Ltd.,  PaUuruthy,
9 1-10-1968 30-9-1969
D DT  dusting  powders—IS:  564-1961.
5
, CM/L-98 18-0-1958 CM/L-99 1S-9-1958
Cochin-5.
Tea-chest  plywood  panels—IS: 10-1964.
6
1-TO-1968
The  Central Trading  Co. (P) Ltd.,  29, Dum  D im
30-9-1969
1 9 6 8
/ CM/L-100 18-9-1958
Road,  Clacutta-28.
Tea-chest  prywoad  panels—IS: 10-1964.
TheTravancore Timber  andProducts,  Kottayam
1-'10-1968
7
30-9-1969
CM/L-101 iS-9-1958
(Kerala  State).
K A R T K A
Tea-chest  plywood panels—IS: 10-1964.
3
The  Travancore  Plywood  Industries,  Punalur
1-10-1968 30-9-1969
(Kerala  State).
CM/L-143 24-5^1959
1 8
,
M,'s. FortGlosteT Industries  Ltd.,(Cable Division)
1-9-1968 31-8-1971
9 CM/L-216 29-8-1960
31,  Chowringhee Raod, Calcutta-16.
1 8 9 0
Rubber-insulated  cables  and  flexible  cords for*electric power and lighting (250/440  and 650/1100  volts  grades)—IS:  434  (Part  I and  II)-I964.
5 0 4 ?

-
5 0 4 4 (4)
(S)
(3)
(6)
( 2)
a,
T H E
M/s.  Swaraj  Plywood Works,  Kottayam  (Kerala
1-10-1968
10
[30-9-1969
Tea-chests plywood panels—IS: 10-1964.
State).
CM/L-224 16-9-1960
II
16-9-1968 15-9-1969
Small  AC  and  Universal  Electric  Motors with  Class  'A'  Insulation—IS:  996-1964.
CM/L-450 30-8-1962
G A Z E T T E
M/s. Coimbatore Premier  Corpn.  Pvt. Ltd.,  Patel Road,  Coimbatore-9  having  their Regd.  Office at  34-Avanashi  Road,  Coimbatore-i.
O F
16-9-1968 15-9-1969
12
Three-phase  induction  motors upto  10 hp—
I
IS:  325-1961.
CM/L-451 30-8-1962
N D
M/s. Coimbatore  Premier  Corpo. Pvt. Ltd.,  Patel Road,  Coimbatore-9  having their Regd.  Office at  34-Avanashi  Road,  Coimbatore-i.
I
A
:
15-9-1969
16-9- 196S
13
(1) Graphite  for  Paints—IS:  62-1950  and (2)  Graphite  for  use  as  foundry  facing CM/L-4S4 3-9-1962
material—IS:  1305-1967.
M/s.  J.  D.  Jones & Co.  Ltd,,  8,  Danesh  Sheikh Lane, Shibpore,  Howrah  having their  Office.at C/S,  Giliander  House, 8 Netaji  Subhas  Road, Calcutta.
1-9-1968
Copper  Oxy chloride  Water  Dispersible 31-8-1969
14
Powder Concentrates—IS:  1507-1966.
CM/L-568 8-8-1963
N O V E M B E R
9
,
M/s. Tata  Fison  Industries  Ltd.,  Pandit  Motilal Nehru  Road, Jumna  Kinara, Agra having their Office  at Union Bank Bldg., Dalai Street,  Fort, Bombay-i.
1-9-1968
Endrin  Emulsifiable  Concentrates—
31-8-1969
15
1 9 6 8
/
IS:  1310-1958.
CM/L-569 8-8-1963
M/s.  Tata  Fison  Industries  Ltd.,  Pandit  Motilal Nehru  Road, Jumna Kinara,  Agra having  their Office  at  Union  Bank  Bldg., Dalai  Street,  Fort, Bombay-1.
K A R T
I
15-9-1969 M/s. Radio Electricals Mfg.  Co. Ltd.,  Post  Bag
16-9-1968
(a)  PVC  insulated cables
16
No. 6, Mysore Road, Bangaloie-18.
CM/L-570 23-8-1963
K A
1 8
,
(0  Single  core  (unsheathed),  230/440 & 650/1100V  with  copperor  alumi- nium  cond actors,
(n)  Single  core(PVC  sheathed)  250/440
V, with  copper  conductors  only.
1 8 9 0
[
("0  Circular  twin,  three  &  four  cores (PVC sheathed)  250/440 8t65ofi 100 V with amminium  conductors  only,
P A R T
I I
—
(w)  Flat  twin  with  or  without  earth continuity  conductor  (PVC sheathed) 650/ncoV  with copper  or  aluminium conductors.

(*)  PVC  insulated  flexible  icrds
S E C
.
(v)  Tvfia  twisted  f 250/440V
3
Cimsheathed)  j  with  copper
(pi)  Circular  twin  ]  conductors
( i i ) ]
T H E
three  &  four  cores  ( onlv. (PVC  sheathed>— I S:  694  (Parts  I &  II)-I964.
1-10-1968
Structural  Steel (Fusion  Welding Quality)—
M/s.  Hindustan  Steel  Ltd.,  BMai  Steel  Plant,
30-9-1969
17 CM/L-575 30-8-1963
IS:  2062-1962.
Bhilai-i,  Distt. Durg  (M.P.)  hashing their Regd. Office  a* P.O.  Hinoo,  Ranchi.
18
G A Z E T T E CM/L-577
M/s.  Bharat  Pulverising  Mills  Pvt.  Ltd.,  1074, Parathion  Emsulsiftsble  Concentrates—
1-10-1968 30-8-1969
11-9-1963
Thiruvotliyur High Road, Madras-19.
I S:  2129-1962.
O F
I 1-10-1968
DDT  Dusting  Powders—IS: 564-1961. 30-9-1969 M/s.  Annapurna  Pulverising  Mills,  Industrial
19 CM/L-585 2J-9-1963
Estate, Eluru  (W.G.Distt.)  A.  P.
N D
I
A 20
16-7-1968
M/s. Godrej  Soaps Pvt. Ltd., Vihhroli, Bombay-79  (1)  Stearic  Acid,  technical,  grade  1 to  4, 15-7-1969
:
CM/L-701 26-6-1964
having th?ir  OB^e  at 316, Delisle Rd.,  I S:  1675-1960  and
Bomhaj'-iT.
(2)  Okie  Acid  technical, grade  3, IS : 1676-
1960.
N O V E
21
1-9-1968 31-8-1969 Mi's. Moeshan Meakin Breweries  Ltd., Mohan Nagar,  Mak  Extract—IS:  2404-1963.
CM/L-755 12-8-1964
Ghaziabad,  Uttar  Pradesa.
M B E R
9 16-9-1968
22
15-9-1969 Barco Welding & Electrical  Equipment  Mfg. Co.
, CM/L-760 21-8-1964
Railway  Road,  Jullundur  C'ty.
Arc welding  transformers  single  operator typo, 380—440  volts  up  to  350  Amps., Max  continuous  Hand  welding  current— IS:  1851  (Part  D-1966.
1 9 6 8
/
1-9-1968
Structural  Steel (Standard  Quality)—  IS  :
31-8-1969 The  Punjab  Steel  Rolling  Mills,  Old  Station,
23 CM/L-765 24-8-1964
226-1962.
Baioda.
K A R T
I
1-9-1968
StrJctural  Steel (Ordinary  Quality)—IS: IQ77 31-8-1969 The  Punjab  Steel  Rolling  Mills, Old  Station,
34
K A CM/L-766 2J-8-1964
Baroda.
1962.
l
S
,
16-9-1968
Shellac,  machine  made,  grades  D-i,  D-2, 15-9-1969 M/s. Angelo  Brothers  Ltd.,  7  Ramgopal  Ghose
25 CM'L-774 24-8-1964
II  &  III—IS:  16-1956.
Road, Gossip ore,  Calcutta-2.
1 8 9 0
16-9-1968
Bleached  Lac  surface  dry—IS:  17-1956- 26
15-9-1969 M/s.  Angalo Brothers Ltd.,  7 Ramgopal  Ghose
CM/L-775 24-8-19*4
Road,  Cossipore,  aacutta-2.
 
5 0 4 5

3 0 4 6 (3)
( 2)
(4)
(5)
CO
CO
T H E
1-9-1968
Oriental  Power  Cab'es  Ltd.,  Cabienagar,  Distt.
31-8-1969
27
Kota  (Rajasthan).
CM/L-778 27-8-1964
Paper-insulated  lead-sheathed  cables  (with aluminium  coaduotors)  for  electricity supply  UD to  and  including  33  kV—IS  : 692-1965.
G A Z E T T E 15-9-1969 M/s. Jindal  (India) Pvt.  Ltd.,  Delhi Road,  Hissar
28
16-9-1968
Mild  Steel  Tubes—IS:  1239-1964.
(Haryana).
CM/L-1101 17-6-1965
O F
I
15-8-1969
29
16-8-1968
CM/L-1122
Malaihion  Emulsifiable  Concentrates—
6-8-1965
IS:  2567-1963.
N D
I
M/s. Cyanamid India Ltd., Atul Post Office Via Bulsar  having  their  Office  at  'The  Interna- tional,  16,  Queen's  Road,|gombay-i.
A
:
30
1-9-1968 31-8-1969
CM/L-1127 12-9-1965
Hard-drawn  stranded  aluminium  and  steel cored  aluminium  conductors for  overhead power  transmission  purposes—IS: 398- 1961
M/s.  Express  Cables  Private  Ltd.,  P.O.  Neora, Distt.  Patna  having  their  Head  Office  at 51 Stephan  House, 4, Dalhousie  Square  East, Calcutta-1-
1-9-1968 28-2-1969
Rosin (Gum  Rosin) Types—Pale,  Mediunn 31
N O V E M B E R
and  Dark—IS:  553-1955.
9 CMfL-1130 25-8-1965
,
M/s.  Sarvodaya Resm Works,  (Prop.  M/s.  Prabhal General Agencies)  of Jullundur Road,  Hoshiar- pnr  (Pb.)
1 9 6 8 35-9-1968 15-9-1969
(a)  PVC  insulated cables.
32
/ CM/L-1131 27-8-1065
M/s. Traco cable Co. Ltd., Irimpanam, Thiruvani- kulam,  Village  Kanayannur  Talukj  Hrnakulam District,  Kerala  State.
(0  Single  core  (unsheathed)  250/440V,
K A R T
I
with  copper  or  aluminium  conduc- tors.
(")  Singlecore(unsb.eathed)650/nooV,  with K A
aluminium  conductors  only.
{Hi) Single core (PVC sheathed) 650/1100  V, 1 8
.
with  aluminium  conductors  only.
(6)  PVC  insulated  flexible  coids.
1 8 9 0
[
(ID)  Twin  twisted  (unsheathed)  650/ 110V,  with  copper  conductors  only— TS:  694 (Pt. I & II>—1964.
P A R T
16-9-1968 15-9-1969 M/s.  Hindustan  Steel  Ltd.,  Bhilai  Steel  Plant,  Girbonsteelbarsforproductionofmechined 33
I I CM/L-H33 30-1-1965
—
Bhilai-1, Distt. DurgCM.P.)  having their  Office  part* for  general  engineering  purposes — at  P.O.  Hinoo, Ranchi.
IS:  2073-1962.

Methyl parathion  emukiAable  concentrates—
16-6-196S 15-12-1968
34
3 * c
IS:  2865-1964.
.
CAt/L-1243 15-4-1966
3
M/s.  Bharat  Pulverising Mills Pvt  Ltd.,  Andheri- Kurla  Road,  Chakla,  Andheri,  Bombay- 58 having their  Office  it  Hexamer  Home,  2g Sayanj  Road,  Bomb"y-i8.
(
J
15-7-1969
16-7-1968
35
i ) ] CM/L-1294 30-6-1968
M^s.'Welding Electrodes & Metallic Alloys  Ltd., Plot  No-  4,  Kalwa  Industrial  Area,  Thana- Belapur  Road,  Distt.Thana (Maharashtra State).
Covered  electrodes  for  metal  arc welding  of mild steel,  normal  penetration  type— IS:  814-1967.
T H E
M/s. Entoma Insecticides & Agro  Chemicals
BHC  Dusting  powders—IS: 561-1962. 16-9-1968 15-9-1969
3^
(Keraia)A-3, Shed, Industrial Estate, Olavakkot,
CM PL-1320 30-8-1966
Palghat-i  (Kerala State)  having  their  CfBce at  1, Ram  Kirpa  Yakkara Road,  Palghat-i
. (Kerala  Sute).
DDT  Dusting  powders—18:564— 1961 16-9-1968
G A Z E T T E 15-9-1969
37 CM/L-1321 30-8-1966
O F
I
M/s.  EDtoma  Insecticides  &  Agro  Chemicals (Keraia)A-3Shed,IndustrialEstate,  Olavakkot, Palghat-i  (Kerala  State)  having [heir office  at  1 Ram  Kirpa  Yakkara Road,  Palghat-i  (Kerala State).
N D
I
M/s, S.  R.  P. Toois Limited,  Lattice  Bridge, Milling  cutters  of one  piece  construction  of 15-9-1969
16-9-1968
3&
A
Thiruvanmiyur,  Madras-41.
t ie  following  types :
:
GM/L-1328 6-9-1966
CO End mill (taper and  parallel shank). (B)  Slot milling cutter— IS: 1830-1961.
Reamers  of  one  piece  construction  of  the 15-9-1969 M/s. S.R.P. Tools  Limited,  Lattice  Bridge,
16-9-1968
39
following  types:
Tairuvanmiyur,  Madras-41.
CM/L-1329 6-9-1966
CO Chucking  reamer  with  taper  ihank, (n) Parallel hand  reamer wnh parallel shank —
N O V E M B E R
IS:  1836-1961.
9
,
Electric  Iron,  Non-Automatic  Type,  of 16-9-1968
40
15-9-1969 General  Trading  Corporation,  B-3/24,  Modei Town,  Delhi  having  theif  Office  at  1847,
CM, L-133c 13-9-1966
1 9 6 8
vol age  not  Exceeding  250 Volts  (450  and 600  Watts)—IS:  366-1965.
/
El  ctricil  Market  Behind  State  Bank  of  India, Chandni Chowk,  Delhi-6.
16-9-196S 15-9-1969
41 CM/L-1333 16-9-1966
M/s. Fort Gloster Industries Ltd. Bauria,  S.E. Rly. having iheir Officeat  31-Chowringhee Road, Calcutta-16.
Hard-drawn  all  aluminium  conductors  and steel-cored  aluminium  contuciors  for oveihead  power  transmission  purposes— IS:  398-1961.
K A R T T K A
31-7-1969
1-8-1968
42
1 8
,
Footballs,  VoUrvballs.  Ecfkeitf!::  and  Water Polo Balls—IS :"4I7-I965.
CM/L-1354 30-11-1966
M/s. BengalSports  Goods Industries  Co-operative Society  Ltd.,  of 45  B.T.  Road,  Baranagore, Calcutta-50.
Shuttle  cocks—IS: 415-103, 1-8-1968" 31-7-1969 M/s. Bengali ports-Goods Industries Co-operative
1 8 9 0 '43 "CAl/L-i355 30-11-1966
J
Society  Ltd.,  of  45 B.T.  Road,  Baranagore, Calcutta-50.
Q
 
4 7

5 0 4 8 ( 2)
(6)
(5)
( I)
(3)
C4)
T H E
15-3-1969
16-9-1968
M/s. Indian  Minerals Industries Ltd.,  Trenching
BHC Waterdustingpowders—IS:  562-1962.
44 CM/L-I403 3-3-1967
Ground Approach Road, Agarpara, 24 Parganas. having  their  Office  at  22/1, Dum  Dum  Road, Ca!cutta-2.
1-101968 30-9-1969 M/s. Delhi Iron& Steel Co. P. Ltd., Grand  Trunk Structural  steel  (standard  quality)—
G A Z E T T E 45
Road,  Ghaziabad,  Distt.  Meernt.
IS  :  226-1962.
GM/L-I4I6 27-3-1967
O F
I 46
1-10-1968 30-9-1969
StmcLnral steel (Ordinary  quality)—IS: 1977-
1962.
N D
I
1-8-1968 31-7-1969
M/s.  Delhi  Iron  &  Steel  Co.  P. Ltd., Grand Trunk Road,  Ghaziabad,  Distt.  Meemt. M/s.  Goa  Pesticides  Private  Ltd.  Fatorda, Dieldrin  Emulsifiable  Concentratet—IS:
47
A
:
GM/L-I4I7 27-3-1967 GM/L-I474 13-7-I967
1054-1962.
Margao  (Goa)  having their Regd.Office  at 'Chowgule  House'MormugaoHarbour,  Goa.
16-8-1968
M/s.  Porypkarm  Pvt.  Ltd.,  29,  Panchpakhadi Sulphuric acid,  AR  & Pure  grades only—IS:
48
15-8-1969
GM/L-I490 16-8-1962
;  266-1961.
N O V E M B E R
Opp. Castle  Mills, Khanna  Compound,  Agra Road, Thana Maharashtra having their Office at 8, Tamarind  Lane, First  Floor, Sprinder  BIdg., Fort,  Bombay-1.
9
,
16-8-1968
Nitric  acid, AR  & pure  grades  onlv—IS 49
15-8-1969
264-1950.
CM/L-I49I IS-8-1967
1 9 6 8
/
M/s. Polypharm Pvt. Ltd., 29, Panchpakhadi, Opp. Castle  Mills,  Khanna  Compound, Agra  Road, Thana  Maharashtra  having  their  Office  at 8, Tamarind  Lane  First  Floor,  Sprinder BIdg., Fort,  Bombay-1.
16-8-1968
Hydrochloric  acid, AR & pure  grades  only—
50
15-8-1969
K A R T
I
IS:  265-1962.
CM (L.-1492 16-8-1967
K A
M/s.PoIyphannPYtLtd.,29,Panchpakhadi,  Opp. Castle  Mills,  Khanna  Compound,  Agra  Road, Thana  Maharashtra  having  their  Office  at  8, Tamarind  Lane,  First  Floor, Sprinder  BIdg., Fort,  Bombay-l.
1 8
,
51
1-9-1968 28-2-1969
Integral  cement  waterproofing  compounds— IS:  2645-1964.
CM/L-1494 22-8-1967
1 8 9 0
M/s.  Cement  Research  Corporation  Pvt.  Ltd., 3, Gobinda  Banerjee  Lane,  Calcatta-33  having their  office  at'15,  Gobinda  Banerjee  Lane, Calcutta-33.
Malathion  water  dispersible  pc^e'er  cct-
M/s-Central  Insecticides & Fertilizers, SakiNaka
[ 1-9-1968 31-8-1969
52
centrates—IS: 2569-1963.
Vihar  Lake  Road,  Bombay-70.
P A
I-9-1968
D DT  dusting  powders—IS: 564-1961.
" T 53
31,8-1969
CM/L-I495 22-8-1967 CM/L-I496 23-8-1967
H —
Mfs,  Industrial  Minerals  & Chemical  Company,
Kurta Mart! Road, ChaMa, Afldhori, Borabay-
58 having their  Oificeat  UfeNaravan  Phnra
Street,  NagdeTi, Bomb*7-3,

M/s. Asian  Gables Ccn-pn.  LtxLj Pokhram  Road,
1-9-1968 31-8-1969
54
TTiana,  Maiiarashtra  State.
GM/L-149S 25-S-1967
S E C
.
Hard-drawn  stranded  aluminium  and  steel- cored  ahaninium  conductors  for  overhead power transmission  purposes. IS: 398-1961.
3
Wrought aluminium utensils  SIC grade—IS:
1-9-1968
M/s- Dhiraj  Metal Works, 5 Mill Part,  Rajkot-i
31-8-1969
55
( i i ) j
(Gujarat).
21-1959
1-9-1968
Maize  starch  for  use in  the  cotton  textile
M/s.  Ra;aram  & Brothers  (lessees  The  GwaKor
31-8-1969
56
industries—IS:  1184-1957.
CM/L-U97 23-8-1967  ' CM/L-I499 25-8-1967
T H E
Maize  Products  Ltd.),  Mhow-Neemuch  Road, Mandsaur  (MJ.)
Aldritt  dusting  powders—IS:  130S-195S. 1-9-1968 31-8-1969 M/s. Central Insecticides  and  Fertilizers^  110 Ln-
57
dostrial  Estate,  Indorc  (MJ5.)
C\l/L-i5°o 25-8-1967
G A Z E T T E
1-9-1968 28-2-1969
BHC  dusting  povders—IS:  561-1962.
M/s.  Selective  Chemicals  Pvt.  Ltd.,  Ruvapati
58 CM/L-1501 •27-8-1967
O F
Road,  Bhavnagar,  (Gujarat)  having  their  office at  Hesamer  House,  Sayani  Road, Bombay-28.
I
Structural  steel  (standard  quality)—IS:
1-9-1968 31-8-1969
N D 59
I
226-1962.
CM/L-1503 30-8-1968
A
:
M/s. Aeron  Steel Rolling Mills, pokhram  Road, Majiwada  Village  (Distt. Thana) hawng  their office  at  24  Baroda  Street,  Bombay-9.
1-9-1968
Structural  steel  (Ordinary  qualiry)—IS:
M/s.  Aeron  Steel RoIIingMills, Pokhram Road,
31-S-1969
60
1977-1962.
Majiwada  VLiage (Distt.  Thana)  havicg  their
CM/L-1504 30-S-1968
N O V E
Office  at  24  Baroda  Street,  Bombay-9.
r-9-1968 31-8-1969 . M/s.  Containers & Closures Ltd.,  GorifaCNaihati), Ungalvanized  steel drums grade B 2, 20 and 61
M B E R
24 Parganas, West Bengal having their  Office 25 litres  capacity  only—IS: 2552-1963.
CM/L-1507 1-9-1967
at  2  FairliePlace,  Clacutta-l.
9
,
16-9-1968 15-9-1969
62
Associated  Wires & Conductors  Co. Private  Ltd., Tanda  Road, JuIIundur City.
GM/L-iSio 8-9-1967
1 9 6 8
/
M/s.  Hemu  Productions  (India),  Mamoobhanja
Hard-drawn  stranded  aluminium  and  steel- cored  aluminium  conductors  for  overhead power transmission purposes—IS:  398-1961 Mortice  locks  (Verticle  type)—IS:  2209- 16-9-1968 15-3-1969
63
1966.
Street,  Aligarh  (UJ>.)
GM/L-15H 8-9-1967
K A R T
I
16-9-196S
DDT  dusting  povrders^—IS:  56^1961. 15-9-1969
64
K A
M/s. Plava  Chemicals, 3-C,  Nelson  M"nicka  Mu- daliar  Road,  Aminjiiarai,  Madras-29.
XGM/L-1512 12-9-1967
1 8
, 16-9-196S 15-9-1969 M/s.  Britannia  Biscuit  Co. Ltd.,  M.T.H.  Road, Biscuits  (Excluding  wafer  biscuits)—  IS:
65
1011-1957.
Padi,  Madras-50.
CM/L-1514 15-9-1967
1 8 9 0 16-9-1968 15-9-1968
BHC  dusting  powders—IS:  561-1962.
66
M/s.  Jayalakshmi  Fertilizers,  Venkatarayapurain) Tanku West Godawari Distt.  (AndhraPradesh)
GM/L-1517 15-9-1967

5 0 5 0
(6)
(5)
0)
U)
to
T H E
DDT  water  dispersible  powders—IS:  56;- 16-9-1968
M/s.  Jayalakshmi  Fertilixcts,  Venkatarayapnram3
67
15-9-1969
1961.
Tanku  West  Godawari Distt. (Andbia Pradesh).
GM/L-iSiS I5-9-I967
BHC Water dispersible powders—IS: 562-1962 63
16-9-1968
M/s.  Jayalakshmi  Fertilizers,  Venkatarayapuranij,
15-9-1969
Tankii  West  Godawari Distt,  (Andhra  Pradesh).
G A Z E T T E CM/L-1519 15-9-1967
Endrin  Hrnulsifiabk  CCECIEUE'C — ]£ : 131c 16-9-1968
M/s.  Jayalafcstimi  Fertilizers,  Venkatarayapurain,
69
O F ,1*5-9-1969
I
Tanku  West  GodawariDistt.(AndhraPradesh). 1958.
CM/L-1520 15-9-1967
N D
D DT  water  diepersible  powders—IS:  565- 70
16-9-1968
M/s.  Tata Fison  Industries Ltd., Plot No. 94, In-
I 15-9-196&
A
1961.
QM/L-1521 i5-9-i9(S7
dustrial Estate, Ambattur, MadraE-29.
:
Endrin  Emulsifiable  conceniraits — IS:
M/s.  National Agro Chemicals, Industrial Estate,
16-9-196S
71
15-3-1969
131019S8.
Digha, Pama-l  (Bihar).
GM/L-IS23 I5-9-I967
N O V E
BHC  dusting  powders—IS:  561-1962. 16-9-1968
M/s.  Insecticides  & Allied  Chemicals,  Narayana-
15-9-69
72 GM/L-I5i6 15-9-1967
M B E R
puram,  Vdacbcry  High  Road,  Medavakkam P.O.  M"dras-45.
9
,
DDT  dusting  pewdere—IS:  564-1961. 16-9-196S
73
13-9-I9&9
CM/L-1527 I5-9-I967
1 9 6 8
M/s.  Insecticides and Allied Chemicals, Narayana- puram,  Velachery  High  Road,  Madavakkam P.O.  Madras-45.
/
Copper  osychloride  -water  dispersible  powdtr 16-9-1968 15-9-1969
74
concentrates—IS:  1507-1966.
CM/L-I5IS 15-9-1967
M/s.  Mysore  Insecticides  Company Pvt.  Ltd., No.  IS,  Vaittyanatha  Mudali St.  Tondiarpct, Madras-21  haying their  Office  at No. 6 Liagbi Chetty  SL Madras-i.
K A R T 1 R A
Sand cast iron soil pipes, 50  mm, 75  mm and 30-9-1969 The  Rashtriv  Engineering  Works,  (Registered)
1-10-1968
75
1 8
.
100 mm sizes only IS: 1729-1964.
G.T.  Road,  Batala (Pb.)
GM/L-1532 28-9-1967
Sand cast iron soil pipes  upto 100  mm size—
16-10-1968 15-10-1969 The  Hind  Iron Foundry, Railwav Road, Batala
76
1 6 9 6 CM/L-I544 9-10-1967
IS:  1729-1964-
(Pb.)
[
[No.  CMD/13:  12.]
P A R T
 
i i -

$KC.  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  5o5l
S.O- 3961,—iln  pursuance  of sub-regulations  (2) and  (3) of regulation  3 of the  Inditn  Eui - clirds  Institution  (Certification  Marks)  Regulations,  1955,  the  Indian  Standards  Insiiiuicr hereby  notifies  that  the  Indian  Standard  (")  particulars  of which  are given  in  the  Echcc'uk hereto  annexed,  have been  established  during  the period  from  1 to  15 October.  1968 :
THE  SCHEDULE
Serial No.
No.  and Title  of the  Indian Standard  Establishedj
No.  and  Title  of tre  Inditn Standard  or  Standards  Brief  PartlcultrB
if any. superseded  by the
new  Indian  Standard
1
2
1 IS  :  786-1967  Indian 3
4
IS  : 786-1956  Conversion
factors  and  conversion tables.
standard  conversion  fac- tors  and  conversion tables  (first  revision).
z
This  standard  gives  comeuicn factors  and  conversion  tablet covering  units  of  foot-pound system  and  units  of  weight of  Indian  origin  and  the metric  units.  The  stan- dard  has  been  compiled with  the  specific  object  to assist  trade  and  industrv government  departments", engineers, technologists,  Scien- tistSj  students  and  others interested  in  quick  and  accurate inter-conversion  of  quantities. (Trice  Rs.  looo>
IS  :  1248-1965  Specifica- tion  for  elecwical  indi- cating  instruments
IS  : 1248-1968  Specifica- tion  for  direct  acting electrical  indicating instruments  (first  re- vision).
3 IS  :  1376-19*8  Specifi- tion  for  cotton  sewing threads for  aeronautical purposes  (first revision).
This  standard  covers  the  dinct acting  electrical  indirtiirg  ins- truments  (including  the multirange  instruments)  (price Rs.  12.50).
IS  :  1376-1959  Specifi- cation for cotton sewing thread  bleached.  for aeronautical  purposes.
4
This  standard  piescnl.es  cum- tractions]  details  ard  other particulars  of  9  varieties  oi cotton  sewirg  thiends.  vn- bleachedj  bleached,  or  dyed, used for  aeronautical  purposes ("Price  Rs.  2-50).
IS  : 1566-1960  Specifica- tion  for  hard  drawn steel  wire  fabric  for concrete  reinforcement.
IS  : 1566-1967  Specifica- tion  for  harddrawn  steel wire  fabric  for concrete reinforcement  (Hrst revision).
IS  : 1586-1968  Method •5
for  Rockwell  hardness test  (  b  and  c  scales) for  steel  (first  rtvition).
This  standard  covers  ihe  re- quirements  and  the  methods of test  for  hard  drawn  Btcel wire  fabric  for  concrete reinforcement  consisting of  hard  drawn  steel  wjre with  cross  wires  electrically welded  ^  mem  ( P r i ce
IS  :  1586-1960  Methods for  Rockwell  hardness test  (*  and  c  scales) for  steel.
6
Thin  standard  prwcnbei,  rreihed 01  conducting  Rockwell hardness  test  (4  end  c  scales) for  steel.  (Price  Rs.  3-50).  ;
IS  : 1691-1960  Specifica- tion  for  cast  Iron  and mildsteeel  flat  pulleys.
IS  : 1691-1968  Specifica- tion  for  cast  iron  and mild  steel  flat  pulleys (first  nmtion).
This  stardard  covers  "he  ltcvjjt- ments  for  ihe  cast  ircn  tnd IJ?  T i!  aPu I I cVs  solid/ splits  with  flat  or  crown face.  (Price  R9,  5'oo).

5052  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  [PART  II—
I
2
3
4
IS  : i860-1968  Code  of
IS  : 18S0-1968  Code  of 7
practice for  installation, operation  and  mainte- nance of electric passen- ger  and  goods  lifts.
practice  for  installation, operation  and  mainte- nance  of elccLric passen- ger and gopJ  lifts {-first revision).
8 IS  : 1969-1968  Method for  determination  of breaking  load  and elongation  at  break  of woven  textile  fabrics (Hrst  revision).
This  standard  covers  the  essential requirements,  design  conside- rations,  testing  and  piccau- tions  to  be  exeicised  during installation  of  passengei and  goods  lifts  operated by  electric  power,  so  as  to ensure  safe  and  satisfactory performance.  It  also  lays down  rules  for  proper  main- tenance  after  installation. (Price  Rs.  12-00).
IS  :  1969-1961  Method for  determination  of breaking  load  and elongji ion at  break  of woven fabrics  (by cons- tant  rate  of  traverse machine),
9
This  standaid  prescubes  me- thods  for  deteijninalion  ol breaking  load  and  elongation at  break  of  woven  fabtocs (conditioned  or  wet)  usiiif grab,,  ravelled-strip  and  cut- strip  methods  on  constant- rate-of-loading,  constant- rate  of  elongations  and  cons- tant-rate  of  traverse  ma- chines  (Price  Rs.  4'00).
I S:  2298-1963  Specifica- tion  for  single-barrel :  stirrup  pump  for  fire fighting  puiposcs.
I S:  2298-1968  Specific i- tion  for  single  barrel stirrup  pump  for  fiic fighting  purposes  (first revision).
10 IS  : 24.2.7-196!)  Grading of  continuous  filament viscose  rayon  } nrn and  acetate  yarn,  bright and  dull  (first  re- vision).
This  standard  lays  down  the requirements  rcgaidmg  ma- terials,  design  construction and  performance  of  single barrel  stirrup  pump  of continuous;  flow  type  used for  fire  fighting  purpos.es. (Price  Rs.  4-00).
IS  : 31.27-19(13  Specific 1- tion  for  grading  of continuous  filament viscose  r.iyon  yarn  and acel ate yarn,  bright  and dull.
II IS  1 2488 (Part  II)—196S Methods  of  sampling and  test  for  industrial effluents,  Part  II.
IS  :  319^-1968  Method;, for  sampling  of  cryolite and aluminium  tnfluo- ride.
This  standaid  prescribes  a  me- thod  of  grading  contincoun filament  viscose  rayon >arn  and  acetate  jam,  bnpKi and  dull,  wound  on packages. This  standard  is  applicable only  to single yarn  of  viscose and  acetate  ra\ on.  (Price (Rs.  8-50).
This  standard  covers the  methods oftest  for  industrial  effluents. In  this  part  are  covered methods  of  test  for  toti>l alpha  and  beta  radioactivity, total  residual  chlorine, fluorides,  arsenic,  barmm, cadmium,,  chromium,  copper lead  mercury  nickel,  se- lenium,  silver  and  zinc. (Price  Rsi  12-50).
 
This  standard  lays  down  the procedure  to  be  followed in  collecting  and  preparing samples  from  a lot  in order  to determine  the  moisture content  and  the  chemical composition  of  cryolite/ aluminium  trifluoride  in  the lot.  It  details  the  procedure for  sampling  of  the  minertl

SEC,  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  5053
I
2
3
13 IS  :  3400  (Part  VIII)- 1967 Methods of test for vulcanized  rubbers Part  VIII resistance  to crackgrowth.
IS  :  4513-1968  Speci- fication for  icissors,  sur- gical  dressing  and stitch.
• * IS IS  : 4526-1968  Specifica- tiiii  for  2,5-Dichloroa- niline
IS  :  45H0-19W  Speci-
fication for  brushes,  sha- ving. "
17  IS  :  4606-1968  Specifi- cation  for  steel  shot  for use  ia  foundries.
iS  IS  :  4S54-19S3  Specifi- cation  for  paraffin  wax.
19  IS  : 4662-1968  Methods for  sampling  of  starch.
4
fiom  conveyors,  wagons, ship's  holds  and  Mock  piles. This  standard  also  includes a  methods  for  reporting  the quality  of  the  bulk  of  the mineral  sampled.  (Price Rs.  4'OO)-
This  standard  prescribes  a procedure  for  comparing  the resistance  of  rubbers  to crack-growth  when  subjected to  repeated  flexing  or  ben- ding  under  specified  con- ditions  and  known  period"! on  the  De  Mattia  type  ma- chine.  (Price  Rs.  2-50),
This  standard  covers  the  re- quirements  for  surgical  dres- sing  and  stitch  scissors  (st- raight  and  curved  (on  flat) with  blunt  points  or  with sharp  points  and  with  blunt and  sharp  points  in  sizes of  130,  140^  150 and  iSomm nominal  lengths.  (Price  Rs. 2 '50).
This  standard  prescribes  the requirements  and  the  methods of sampling  and  test  for  2,5- Dtchloroaniline.  (Price  RE. 5 •00).
Tliis  standard  prescribes  the requirement?  and  the  methods of  sampling  and  test  for shaving  brushes  manufac- tured  from  nylon  mono- filaments  or  bristles.  (Price Rs.  3'50).
This  standard  covers  the  re- quirements  for  steel  shot  ab- rasives  for  use  in  foundry blast  cleaning  processes. (Price  Rs.  2'JO.)
This  standard  prescribes  the requirements  and  methods  of sampling  and  test  for  paraffin wax  used  for  waxing  paper, making  candles,  impregnating match  sticks  and  lor  other general  uses.  (Price  Rs. 7-oo).
This  standard  prescribes  the sampling  apparatus, the  me- thods  of  sampling,  number of  tests  to  be  performed  and the  criteria  for  confomiity  of starch.  (Price  Rs.  2-50).

5054  THS  GAZETTE OF INDIA: NOVEMBER 9,  1968/KARTIKA  18,  1890  [PART II—
I
2
20 IS  : 4667  (Part  D-196.8 Methods of chemical "n- analysis of silver-copper brazJng  alloys Part  I  analysis  for  silver and  copper.
IS  : 4684-19(58  Specifi- 21
cation tor edible gro und- nut  flour  (expeller pressed).
32 IS  :  46S6-1968  Speci- fication  for  typewriter ribbon  fabrics.
23 IS  : 4S88-1968  Sqeci- ficition  for  proofed  cot- ton  duck  gland  packing.
24 IS  :  4694-1958  Basic dimensions  for  square threads.
25 IS  :  4695-1968  Basic dimensions  for  knuckle threads.
26 IS  :  4696-1968  Basic
dimension*  for saw tooth threads.
IS  14697-1968  Methods a?
of  measurements  on, Geiger-Mliller  counter tubes.
28 IS  : 4700-1968  Quality tolerances  for  water for  fermentation  in- duitiy.
IS  : 4703-1968  Methods of  chem  cal  analysis  of silver-manganese  bra- cing  alloys.
3 4
This  standard  prescribes  me- thods  of  chemical  analysis for  silver  and  cepper  in  silver- copper  brwing  alloys (excluding  grades BA-CuAgs) 7 & BA-CuAgs  as  specified  in IS  :  2927-1964.  (Ptice  R s- 2-50).
This  standard  prescribes  the requirements  and  the  method of  sampling  and  test  for edible  groundnut  flour from  expellcr  pressed groundnut  meal.  (Price Rs.  930),
This  Btandard  prescribes  the constructional  details  end other  particulars  of  thi'e varieties  of  cottoji  fabric used  for  typewriter  ribbon. (Price Rs. a.00).
This  standard  deals  with  the  re- quirements  and  methods  of tests  for  proofed  cotton duck  gland  packing  used  for hydraulic  services.  (Price  Rs. 2-00).
This  standard  covers  the  basic profile  and  dimens'Ons  for square  threads  in  three scries  in  the  diameter  range 10  to  640  mm.  (Price  R i. 5.00).
This  standard  covers  the  bas'c profile  and  dimensions for  the knuckle  threads  in  the  dia- meter  range  8  to  200mm (Price  Rs.  2'00),
This  standard  covers  the  basic profile  and  dimensions  for saw  tooth  threads  in  three series  in  the  diameter  rtnge 10  to  640  mm.  (Price  RE. 4-00).
This  standard  covers  the methods  of  measurements On Geiger-Miiller  counter  tutes (Price  Rs.  fi-oo).
This  standard  prescribes  the quality  tolerances  for  water used  in  fermentation  industry (brewing,  distillery  enti- biotio  and  o'tric  acid manufacture),  price  Rs, 2 • 00)
This  standard  prescribes  ire- thod"  fo*  determining  silver and  manganese  content  in silver  manganese  (heet- TesiitanO  brar'rg  al'ojs ipecifled  in  IS  :  3937- 1964.  (Price  Rs. a-oo).

Sic.  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1 9 6 8 / K A R T I KA  18,  1890  505$
I
2
IS  : 4705-1968  Specifi- cation  for  dental  mer- cury.
31 IS  : 4706-1968  Methodi of  teat  for  edible starches.
32 IS  : 4712-1968  Dimen- sions  for  forged  steel socket-welding  fittings.
33
IS  :  4715-1968  Spe- cification  for  excava- tors,  dental,  No.  Ex. i/a,  3/4,  5/6,  7/8, 9/10,  11/12 and  13/14-
34
IS  :  4717-1968  Speci- fication  for  zinc  oxide self-adhesive  plaster.
35
IS  :  4719-1968  Speci- fication  for  wire-woven rayon  fabric  for  radar- responsive target sleeves.
36
IS  :  4737-1968  Spe- cification  for  chromite for  chemical  industries.
37
IS  :  4738-1968  Speci- fication  for  plaster of  paris  bandage.
38
IS  : 4740-1968  Code  of practice  for  packaging of  steel  tubes.
3 4
This  standard  specifies  re- quirements  for  mercury  used in  the  preparation  of  dental amalgam.  (Price  Rs.  i-oo).
This  standard  specifics  the methods  commonly  UBed  for testing  of  edible  starches. (Price  Rs.  7-50).
ThlB  standard  lays  down  the dimensions  of  forged  steel socket-welding  fittings.  (Price RS.  2-00).
This  standard  specifies  the requirements  of  double  en- ded  dental  excavators  No, Ex.  1/2,  3/4,  5/6)  7/8,  9/io 11/12  and  13/14  (Price  Rs. 4-oo).
This  standard  covers  require- ments  pertaining  to  material construction  and  performance of  zinc  oxide  self-adhetive plaster.  (Price  Rs.  4-00).
This  standard  prescribes  the requirements of wire-woven  ra- yon  fabric  for  use  in  the  fab- rication  of  radar-retponsive target  sleeves  (Price  Rs. 2-00).
This  standard  prescribes  the requirements  and  the  methods of  sampling  and  tebt  for chromite  for  chemical  indus- tries.  (Price  Rs.  4-00).
This  standard  covers  the  re- quirements  pertaining  to material  construction  and performance  of  plaster of  paris  bandage.  (Price  Rs. 2.50).
This  code  lays  down  recommen- ded  practices  for  packaging of  steel  tubes.  This  code shall  ^not  be  applicable  to precision  and  spec al purpose! steel  tubes,  (pnee  Rs.  2-00).
These Indian  Standards  are available for  sale with the Indian  Standards  Institution,  'Manak Baavan  Q Bahadur  Shah  Zafar  Marg,  New  Dclhi-i  and  also  its.  branch  offices  at  (") „.  Sardar  Vallabhbhai  Patel  Road,  Bombay-7,  (M) Third  and  Fourth  Floors,  5  Chowringhee Accroach,  Calcutta-13,  ("0  Second  Floor,  Sathymurthy  Bhavan,  54  General  Patters  Road, Madras  \iv)  117/418-B  Sarvodaya  Nagar,  Kanpur,  (v)  5-9-201/2,  Chirag  Ali  Lane, Hyderabad-i.
[No.  CMD/i3=2.]
 
(DR.  A.  K.  GUPTA, Dtputy  Dinctor  Gtntral,

MINISTRY OF FINANCE
$ 0 5 ^
(Department of Economic Affairs)
f a
t
e
New Delhi, the 30th October 1968
S.O.  Jjfa.—Statement of the Affairs  of the Reserve Bank of India,  as on the 25th October, 19^
BANKING  DEPARTMENT
G A Z E T T E
Rs.
Rs.
LIABILITIES
ASSETS
O F
I
N D
5,oo,ocyx>o N o t es
I
28,35,02,000 Capital  Paid  tip
A
:
4>27JOOO
R u p ee  C o in  . . . . . . . ..
S m a ll  C o in
80^00,00,000
Reserve  Fund  . . . . . . ..
4,07,000
N O V E
B i l ls  P u r c h a s ed  a nd  D i s c o u n t ed  :—
143^)0,00,000
(a)  I n t e r n al  . . . . . ..
National Agricultural Credit (Long Term  Operations)  Fund  .
M B E R
$
,
(b)  E x t e r n al  . . . . . ..
••
( c)  G o v e r n m e nt  T r e a s u ry  B i l ls  . . ..
226,18,67,000
1 9 6 8
/
National Agricultural Credit (Stabilisation)  Fund
B a l a n c es  H e ld  A b r o a d*
102,40,35^000
33,00,00,000
K A R T
I n v e s t m e n t s **
115^45^44^00
I
K A
L o a ns  a nd  A d v a n c es  to :—
National Industrial Credit (Long Term  Operations) Fund  • 55,00^0,000
1
%
,
(i)  C e n t r al  G o v e r n m e nt  .  . . ..
••
( H)  S t a te  G o v e r n m e n t s©
98,49,05,000
1 8 9 0
L o a ns  a nd  A d v a n c es  to :—
Deposits;—
\
(a)  Government
( i)  S c h e d u l ed  C o m m e r c i al  B a n k sf
p A R
i
( H)  S t a te  C o - o p e r a t i ve  B a n k s ff  . . ..
30^4,90^)00 209,73,60,000
t t
( t ")  O t h e rs
3545>28^DOO —

(i)  C e n t r al  G o v e r n m e nt  . . . ..
58,67)03^000
Loam, Advances  and InvestmcBts from National Agricul-
tural Credit (Long Term  Operations) Fund: —
(n)  S l a te  G o v e r n m e n ts
4,40,86^00
S E C
.
(a)  Loans and Advances to  :
3 (*)  B a n k s :—
(
1 1
CO State  Governments
) ]
31,61,59^00
(u)  State  Co-operative Banks
14,96,12,000
(i)  S c h e d u l ed  C o m m e r c i al  B a n ks  . . ..
T H E
I35=58.33JOOO
("0  Central Land Mortgage Banks  .
(ti)  S c h e d u l ed  S t a te  C o - o p e r a t i ve  B a n ks  .
(6) Investment in  Central Land Mortgage Bank Debentures
8,53,61,000
Loans and Advances fromfNational  Agricultural Credit (Sta-
bilisation)  Fund
G A Z E T T E
( m)  N o n - S c h e d u l ed  S t a te  C o - o p e r a t i ve  B a n ks  .
56,67,000
Loans and Advances to State  Co-operative^Banks
5,32,94,000
O F ( i r)  O t h er  B a n ks
30,46,000
I
Loans, Advances and  Investments from National Industrial
Credit (Long Term Operations) Fund:
N D
I (c)  O t h e rs
.
322,18,58*000
A
(a)  Loans and Advances to thefDevelopment  Bank
:
6,18,23,000
Bills  P a y a b le
30,87,95,000
(b)  Investment in bonds/debentures issued  by the Develoo- ment  Bank  -  .  .  ^v^
O t h er  L i a b i l i t i es  . . . . . . ..
41,11,77,000
Other  Assets
34.3*.53>ooo
 
N O V E M B E R R u p e es  .
915,31,67,000
Rupees
9
915,31,67,000
,
•Includes Cash, Fixed Deposits and Short-term  Securities.
1 9 6 8
/
K A R T
I
© E x c l ^ L ^ ns  and Advances from the National Agricultural Credit (Long Tcnn Operations) F^  but including temporary overdrafts to State
K A
tlndudes  Rs. 8,84^8^00  advanced to scheduled commercial banks against usance bills under Section  1X4XC) of the Rese  Rant
1 8
,
ttExdudiag  Loans  and  Advances from  the  National Agricultural  Credit  (Long  Term  Operations)  Fund  anH  th"  w  •  ,  .  •  ^ ^IKraaons;  i
1 8 9 0
Dated the 30th day of  October,  196S.
 
5 0 5 7

An  Account pursuant  to the Reserve  Bank  of India  Act, 1934, for the weds ended  the 25 th day of October, 1968.
5 0 5 8
ISSUE  DEPARTMENT
Rs.
Rs.
Rs.
Rs.
A S S E TS
L I A B I L I T I ES
28,25/32,000
G o ld  C o in  a nd  B u l l i o n :—
Notes  held  in the Banking  Department
115,89,25,000 3209^25,66^00
(a)  H e ld  in  I n d ia  . . ..
Notes  in circulation  . . . ..
T H E G A Z E T T E O F
I
(6)  H e ld  o u t s i de  I n d ia  . . ..
N D
I
226,42^X1,000
3237,50,68^00
F o r e i gn  S e c u r i t i es
TOTAL Notes  issued
A
:
342,31,25=00°
T O T AL
N O V E
82,i4,75>°oo
R u p ee  C o in  . . . ..
2813,04,68,000
G o v e r n m e nt  of I n d ia  R u p ee  S e c u r i t i es
M B E R
I n t e r n al  B i l ls  of E x c h a n ge  a nd  o t h er  C o m- m e r c i al  p a p er  . . . ..
9
,
3237,50,68,000
T O T AL  A S ^ TS  . . ..
3237,50,68,000
T O T AL  LIABILITIES
1 9 6 8
/
(Sd.)  L.  K.  JHA,
Governor.
K A R T K A
[No.  F.  3(3>BC/68.] Dated the 30 day  of October  1968.
1 8
,
1 8 9 0
[
P A B T
I I
—

SEC.  3(ii)]  THE  GAZETTE  OF  INDIA:  NOVEMBER  9,  1968/KARTIKA  18,  1890  5059
New  Delhi,  the  31st  October  1968
S.O.  3963.—In  exercise  of  the  powers  conferred  by  section  53  of  the  Banking Regulation  Act,  1949  (10  of  1949),  the  Central  Government,  on  the  recommendation  of the  Reserve  Bank  of  India,  hereby  declares  that  the  provisions  of  section  9  of  the  said Act  shall  not  apply  to  the  Central  Bank  of  India  Ltd.,  Bombay,  in  respect  of  the  property, viz.,  Taj'  building  held  by  it  in  Bombay,  till  the  15th  March  1968.
[No.  F.  15(6)-BC/68.]
-V.  SWAM1NATHAN,  Under  Secy.
MINISTRY  OF  INDUSTRIAL  DEVELOPMENT  AND  COMPANY  AFFAIRS
(Department  of  Industrial  Development)
ORDER
New  Delhi,  the  29th  October  1968
S.O.  3964,—In  exercise  of  the  powers  conferred  by  section  5  of  the  Industries (Development  and  Regulation)  Act,  1951  (65  of  1951)  read  with  rule  4  of  the  Central Advisory  Council  (Procedural)  Rules,  1952,  the  Central  Government  hereby  appoints  the undermentioned  persons  to  be  members  till  the  3rd  November,  1969,  of  the  Central  Advisory Council  of  Industries  established  by  the  Order  of  the  Government  of  India  in  the  Ministry of  Industrial  Development  and  Company  Affairs  (Department  of  Industrial  Development) S.O.  4044  dated  the  4th  November,  1967,  as  subsequently  amended  by  No.  SO.  463  dated the  17th  lanuary,  1968  and  No.  S.O.  1320  dated  the  3rd  April,  1968,  and  directs  the following  amendment  shall  be  made  in  the  said  Older,  namely :—
In  the  said  Order,  after  entry  No.  29  relating  Shri  Tshaq  Sambhali,  M.P.  the  following entries  shall  be  added,  namely  :—
"30.  Shri  K.  T.  Chandy,  Chairman,  Hindustan  Steel  T td,  P.  O.  Hinoo,  Ranchi (Bihar).
31,  Shri  G.  B.  Newalkar,  Chairman,  Maharashtra  Small  Scale  Industries  Develop- ment  Corporation  Ltd.,  Bombay  Life  Building,  5th  Floor,  45,  Veer  Nariman Road,  Bombay-l  BR."
[No.  l(5)Lic.Pol./67.]
R.  C.  SETHI,  Under  Secy.
ELECTION  COMMISSION  OF  INDIA
ERRATUM
The  date  of  Order  No.  RJ-HP/3/67(6)  of  the  Election  Commission  of  India, S.O.  2894 published  In the  Gazette  of  India  Part  II—Sec  3 Sub section  (il), dated  the 31st  August,  1968  at  page  3895,  should  be  "28th  July  1968"  instead  of  "19th  July, 1968".
PRINTU)  BY  THI  GENERAL  MANAGER,  GOVERNMENT  OF  INDIA  PRESS,
NEW  DELHI  AND  PUBLISHED  BY  THE  MANAGIR  OF  PUBLICATIONS,  DELHI,  1 9 68





! Dock voiVcrs (Reflation of Frnploynieut) Scheme, 1956 should bc amenJjd to remove the existing anomalies in regard to promot'on to the category of Tindi'i in casual vic^ncies mv1 on a iffRiilar lusi-i and if «o, whether the same con-Wion ? rrnr.r fin preicrlbc.1 Cor both (vpes of promo- tions or any disd'netion should bc drawn be-twert t!ie two. ↩
wages of a Mazdoor. The basic wages of 11 Ma/door are fixed at Rs. 4—12 per day, the Signalman gets 30 paise more than a Mazdoor; the Winthman Bets 50 paise more than the Mazdoor and the Tindal gets Re. 1/2 more than the Mazdoor. The management is now promoting only the Winchmen to the post of Tindal in a regular vacancy and the scniormost Mazdoor in the shift to the post of a Tindal in a casual vacancy. As the management is now promot- ing Winchmen onlv to the post of Tindal. many veniormost mazdoors have been denied their promotion There are about 52 mazdoors now and Ih.'n promoted in casual vacancies of Tindals during the past 15 years. These persons have not better claim for being pro- moted in the regular vacancies of Tindals than most of the Winchmen now in service. As already stated, ihe management follows only the practice of promoting the Winchmen as Tindals Onlv in 1957, some posts of Tindals havr been filled up promoting Mazdoors, as there was a shortage of Winchmen. 14. The action of the Board under clause 19 was approved by the High Couit in W.P.1321/66. In that case, (W.P.1321 >(t6) a mazdoor registered in the reserve pool prayed for issue of a Wiit of Mandamus directing the Madras Dock I nboiir Hoard to iefrain from promoting Winchmen and Mazdoors as Tindals and permanent Winchmen respectively and from registering casual Winchmen as permanent Winchmen by implementing resolution No. 4 passed in meeting No. II of 1965-66 held on 21st March, 1966. That petition was dismissed. The relevant clause in the Dock Workers (Regulation of Employment) Scheme. 1956 are clauses 16. 19 and 30. The High Court negatived the contention that casual Winchmen should not be promoted as refiistered Winchmen. According to the High Court, even in respect of Stevedore Mazdoors, they cannot complain as according to clause 19, only when there is promotion from a lower category. 19(2) should be observed. Permanent vacancies should be filled up according to clause 19, that is by promotion ↩
Shri Mr.lnvva was tenim the emplovr , hi<\ rromntH him to th» nost of fitter as per practice and rules. The promotion was in relation to the post which was an isolated one and it shall have to be presumed that the union d»d not want to nrf-^ its claim as there was no substance in the contention laised and it shall have to be held ↩
Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), the Central Government hereby makes the following rules further to amend the Dock Workers (Advisory Committee) Rules, 1962, namely:— 1. These rules may be called the Dock Workers (Advisory Committee) Second Amendment Rules, 1968. 2, |n rule 3 of the Dock Workcis (Advisory Committee) Rules, 1962,— (i) for the word "twenty-four", the word "twenty-seven ↩
shall be substituted; ↩
Chora Colliery and their workmen, to this tribunal, for adjudication, namely : "Whether the management of East Chora Colliery, Post Office Bahula, District Burdwan was justified in changing the trade of Shri Nandalal Mahato On-settcr Banksman lo a Trammer? If not, to what relief is the woikmzm entitled?" 2. The cause of the workman concerned was espoused by the Collieiy MazJJor Sabha, a uadi union. The Mazdoor Sabha filed a written statement. The employer company did not file any written statement. At the hearing of the reference Mr. Robin Chatterjee, Vice-President of the Colliery Mazdoor Sabha, appeared for the workman. Mr. K. C. Nandkcolyar. Deputy Chief Personnel Officer, appeared for the employer company. Parties did not examine any witness. Certain documents produced on behalf of the workman, by the trade union, were marked, by consent, formal proof being dispensed with. 3. It is not disputed that the workman concerned used to work as nn On-selter at the material time. On July" 15, 1967, the following notice (Ext. A2) was sent to the workman by the Manager of the employer company : '"In accordance with section 9A of the Industrial Disputes Act, 1947, your services are hereby changed as U. G. Trammer with effect from 6th August, 1967. Therefore, you arc requested to report your duty accordingly," Theieafter, on August 5, 1967, the manager of the employer company wrote the following further letter to the workman (Ext. Al) : "As per our letter vide No. LW/(7)/172/67 dated 15th July, 1967 Form E (Rule 34) of Industrial Disputes (?) of 1947 and in accordance with Section 9A of Industrial D:snutes Act, 1947 your services are hereby changed as U /G Trammer with effect from 6th August, 1967. Therefore, you are requested to join your duty accordingly," Notices of this change appear to have been given.to the Chief Labour Commissioner (C), Regional Labour Commissioner (C), Asansol, Assistant Labour Commissioner (C), Raniganj, The General Secretary, Colliery Mazdoor Congress (HMS). and in different notice boards of the company's colliery office (vide Ext. A3). The change of 'designation or work was ↩
; t hc w o r k c rs Pursuant to May 1965 agreement (hx- M-l). This would mean a minimum increase in dearncss allowance of about Rs. 8 per month an'd.the maximum increase of Rs. 19 per month for a large body of workmen. According to the dearness allowance X have awarded, each workers will get, as per cost of living index at 690, Rs, 55.30 and at 710 correspondingly a little more than Rs. 55.30. One other factor which is relevant is that the dearness allowance is calculated on Madras cost of living Tndex which T adopt for the purpose of this dispute. 66. Tt is represented by the learned advocate for Messrs. Burn and Co. that an attendance bonus is paid to the employees of the company, If there is any attendance bonus scheme is now in Salem Magnesite (Private) Limited, it should continue to be in force. No such payment is made to the workmen of Dalmia Magnesito Corporation. Although I have tried to bring about a measure of uniformity in the matter of wages in the ihree com- panies, I do not consider that this concession or benefit should be extended to the work- men of Dalmia Magnesite Corporation, 67. My finding on issue 2(i) is that the wages and dearness allowance paid to the skilled, semi-skilled and unskilled workmen employed in the mines an'd the workshop of the 3 companies are not adequate and the wages and dearness allowance arc revised as indicated above in paras 62 to 65. 68. It was urged on behalf of the workers that the award should be directed to be retrospective in operation and the revise'd scales of wages to be awarded should be ordered to come into effect at least from the date of reference, if not, from the date of the demand. The learned advocates appearing for the managements have represented that the award should not be directed to have retrospective effect, that if a revision of scales is ordered •and if the norms are directed to be implemented, it is just and proper that the award should ↩
p Cr d ay W h i ch is n OW ?a id t ↩
5-9-69 M/s National MetaJ Industries, 314. BhagirathpUra, Indore. CM/L-1782 5-9-1968 structural steel (standard qua- lity) (Third revision). Structuralsteel (ordinary quality) 16-9-68 15-9-68 M/s National Metal Industries, 314, Bhagirathpura,Indore. CMiL-1783 5-9-1968 IS: 1977-1962 Specification for structural steel (ordinary qua- lity) Galvanised steel barbed wire 16-9-68 M/s Chaliha Rolling Mills Private 15-9-69 GM/L-1784 10-9-1968 IS: 278-1962 Specification for galvanized steel barbedwire for fencing {revised') Ltd.313, Chanditaia Lane,Tolly- gunge, Calcutta-4D having their Office at 5, Mission Row, Cal- cutta- 1. 16-9-6P M/s Eklee Wire RopesPrivate Ltd, Steelwire for the core of steel-cored 15-9-69 CM/L-1785 10-9-1962 MIDC Industrial Estate, Domb- aluminium conductors, vivli (Kalyan), DUtt. Thana, Maharashtra State havingtheir Office at Eklee Chambers, 3,Bro, IS: 398-1961 Specification for hard drawn stranded alumi- nium and steel cored aluminium conductor for overhead power transmission purposes revised). ach Street,Bombay-g. ↩
I Ul A g r i C L l W p e m i O n S) F U nd ^ ^ N a t i M aI ^ - t r i al Credit (Long Term ↩
C r e d il C L°Cg T em ↩