Subject NOT available

(Department or Labour and Employment)

New Delhi, the llth August 1069

8.O. 3343.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 o£ 1947). the Central Government hereby publishes the following award of the Central Government Industrial Tribunal, Calcutta, In the Industrial dispute between the en-ployers in relation to the management of Benalee Colliery, Post Offlce^Nandi, Distiiet Burdwan and their workmen, which was received by the Central Govern- ment on the 4th August, 1989.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO. 34 OF VJG9

PARTIES •

Employers in relation to the Banalee Colliery,

AND

Their workmen.

PRKSENT.

Shri B. N. Banerjee Presiding Officer.

APPEARANCES :

On behalf of Employers—Shri Mohit Kumar Mukherjee, Advocate.

0?) behalf nf Workman—Shri Sunll Rajan Ghose, Advocate,

STATF: West Bengal

INDUSTRY: Coal Mines.

AWARD

By Order No. 6/1/69-LRII. dated April 9. 1969, the Government of India, In the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), referred the following industrial dispute between the employers in relation to the Benalee Colliery and their workmen, to this tribunal, for adjudication, namely:

'•Whether the management of the Bsnalee Colliery, Post Office Nandi, District Burdwan was justified in terminating the services of Shri Sita Ram Trlpathi, Pit Munshi with effect from the 12th October, 1968? If net, to what relief is the workman entitled?"

It is not disputed that NImcha Coal Company Limited are owners of Benalee Colliery.

2, The concerned workman, Sitaram Trlpathl, filed a written statement himself. His case was not taken up by any trade unfon. According to his written statement, he joined the Benalec Colliery, as a pit munshi, on October 2, 1966 and in October, 1967, he was promoted to the post of Head Munshi, He admits that he had never received any lettei of appointment, In paragraph 2 of the written statement he- states •

"That after joining his appointment, the sala Sitaram Tripathi regularly- worked and his attendance was being marked in the underground attendance Register maintained at the pit (Bogra seam) as well as In a register in attendance room (Time office) * * *".

His further case is that while in the employment he was denied wages from July, 1968, bonus for the quarters ending June and September, 1968, profit sharing bonus for the yeai 1067 'and also benefits under the Wage Board's recommenda- tions with effect from August 15, 1967 to October 12, 1968. He says that when he protested against the non-payment of his dues, he was forcibly removed from the colliery and not allowed to -join his duties with effect from October 12, 1968. In this high-handed action, he further says, the employer company was supported bv one T. N. Shukla. a leader of the employer company sponsored labour Union. Lastly, his case is, aa pleaded in paragraph 6(a):

"*that no formal order of removal/dismissal/terminaUon was passed nor the workman was intimated of any such order but he was physically removed from the colliery and was not allowed to loin his duty;''

3. The employer company also filed a written statement. I need set out oniy two paragraphs from the said written statement:

'•3. That the workman not being an employee of the Colliery, the present reference at his instance is a colourable exercise of his right.

5. That the employers deny the statements and allegations made in paragraph 2 of the written statement of the workman and states that the said Sitaram Trlpathi not being an employee of the Colliery there wa.s no scope or occasion for his name being marked In the under-ground attendance register maintained at the Pit (Bogra Seam) as well as in a register in attendance room as alleged nor was his name so marked."

The story of forcible removal of the workman from the colliery was also denied. 4. The concerned workman himself deposed In support of hia case. L. N. Malliek, the manager of the colliery deposed on behalf of the employer colliery. I shall deal with the oral evidence in the proper context.

5. In proof of the case that he was actually employed In Benalee colliery, the workman relied upon a certificate, dated July 28, 1987. granted by one A. K. Chatterjee, an ex-manager of Benalee colliery. That certificate (Ext. B) reads as follows:

"I have ths pleasure to certify that Sri Sitaram Tripathy, who is working as Pit Munshi for last one year nearly. During fhig period he has not only satisfied us but also his Co-workers.

It must be emphasised that besides his working hours he is always eager and quick to volunteer his services for which he Is much appre- ciated by both his superiors, and Co-workers.

He is always active in public speaking, leadership and welfare activities. Because of his co-operative spirit, pleasant and fine appearance, commendable character and ability, 1 am most confident In giving him a warm and sincere recommendation. He will be a great asset to any future manager."

The reception of the document was objected to on behalf of the management. A. K. Chatterjee was not called to prove the certificate. He was said to have granted the certificate on the eve of his departure from the company. According to the management, A. K. Chatterjee was dismissed from the company's service and the workman Is not in a position to deny that. The workman himself 3ays:

"The certificate was not numbered The factum of giving a certificate to me was not entered in the books of the company."

In this state of evidence, it is difficult for me to place very great reliance on Certificate, Ext. B, and I do not make much of it.

6. The next documentary evidence on which the workman relied was a certificate issued to him by the Mines Vocational Training Officer (TExt. A). Formal proof of this document was dispensed with. In order to appreciate the value of this document. I need refer to certain provisions of the Mines Vocational Training Rules, 1966, framed by the Central Government In exercise of the powers conferred by section 58 of the Mines Act, 1932. Chapter II of the rules deals with "Persons to be Trained" and Rule 3 in the chapter reads as follows:

"(3) Application of Rules—(1) These rules shall apply to all persons employed or to be employed in a mine other than the persons specified herein, name- ly:— (a) Persons employed or to be employed for the purpose of saving Mfc or property or dealing with circumstances arising out of an accident:

Provided that the owner, agent or manager of the mine shall, forthwith give written notice of every such employment to the Chief Inspector and the Regional Inspector.

(b) Persons holding positions enumerated below being persons employed in a confidential capacity or in a position of supervision or management, namely:

(i) manager, undermanager, underground-manager, assistant manager,

ventilation officer and safely officer; (11) mining, electrical and mechanical engineer; (ill) overman, foreman, sirdar and mate. (iv) mechanical and electrical foreman and electrical supervisor;

(v) surveyor and assistant surveyor; (vl) medical officer, chemist, assayer, meiallurgist, and welfare or personnel officer; and

(vil) any other person who, in the opinion oi the Chief Inspector, holds a position of supervision or management by whatever name called.

(c) Shotflrers and blasters. (d) Clerks, accountants and register keepers. (e) Persons who have undergone a course of training which is a part of study at an institution approved lay the Central Government in this behalf. (f) Persons undergoing a course of training in the mine aa mining apprentices, provided they work under the poiaonal supervision ol an official of the mine.

(K) Apprentice mechanics or apprentice electricians, if they have undergone an approved course of training at a mine mechanisation centre or other institution approved by the Chief Inspector in this behalf: Provided that the exemption granted to tne persons specified in clauses (d), (e), (f) and (g) shall be subject to the condition that the said person shall undergo a course of refresher training as specified in rule 8.

(2) The Chief Inspector may, by order, for reasons to be recorded In writing and subject to such conditions as he may specify therein, exempt any person or class or category of persons from undergoing any training under these rules."

Chapter IV of the (Rules deals with "Refresher Training". It is with this purticluar training that I am concerned In this reference. I need set out Rules 8, fl and 11 from the said Chapter:

"8. Scope and standard.—Whenever a person returns to employment on the surface or in open cast workings or to employment below ground in a mine, after an absence from work for a period exceeding one year he shall, within one month of his Joining duty, undergo refresher training as detailed in the Fourth Schedule, which shall include a minimum of—

(1) three safety lectures and demonstrations in the case of persons working

on the surface or in open cast workings;

(2) six safety lectures and demonstrations in addition to the training specified in clause (1), in the case of persons working below ground in a non- gassy mine;

(3) six further lectures and demonstrations about the dangers of inflammable gas and methods of dealing with the same, in addition to the training specified in clauses (1) and (2), in the case of persons working below ground in a gassy mine.

*

9. Training of persons already employed-—Every person in employment in a mine at the date of commencement ol this rule shall undergo the refresher training as specified in rule 8, and it shall be sufficient compliance with this rule If before the expiry of every year from such commencement, at least one fifth of the persons so employed are given such training.

11. Arrangement for refresher training.—The refresher training shall be so arranged that the persons who have to undergo training can attend the same con- veniently either before or after their normal working hours,"

It remains for me to set out Rule 28 in Chapter VII, under which certificate. Ext, A, was granted to the workman. The 3aid rule reads:

"28. Certificate to trainees.—(1) Every person who undergoes a course of training prescribed in these rules shall, on completion of the training be interviewed by the Training Officer and if the said officer is satisfied as to the progress and performance of the trainee he shall want a certificate in Form A or Form B, as the case may be. The certificate so granted shall be countersigned by the owner, agent or manager. Where the training Officer is not satisfied with the progress or perfor- mance of any trainee, he shall report the same to the manager, who may either discharge him or, if he thinks fit, arrange to give him further training.

(2) The cost of the photograph to be fixed on the certificate In Form A or Form B shall be borne by the owner or agent.

(3) A person who has obtained a certificate uti successful completion of the training shall be eligible for absorption, hi any mine, to the category of the post for which he has been trained."

Now, certificate (Ext. A), granted to the concerned workman, is couched In the following language:

"MINES VOCATIONAL TRAINING CERTIFICATE

FORM B

See Rule 28 ( )

Certificate of Refresher training.—I hereby certify that Shri Sitaram Tripathy, s/o Late Brijblharl Ram Tripathy, Village Chhapra Bujurug, Police Station Rudrapur, P.O. Nagawa Khas, District Deoria, State Uttar Pradesh has between 30th October 1937 and 15th December 1967 duly undergone the refresher training required under Chapter IV of the Mines Vocational Training Rules 1906, for Refresher Course.

Sd. Illegible, Date 13th April 1968. Training Officer,

Mines Vocational Training Centra

Benalee Colliery P. O. Nandi (Burdwan),

(Specify.below whether non gassy or gassy mine) Photograph of Sitaram Tripaihy

(Sd.) SITARAM

TRIP A THY

Non-gassy mine

Seal of Vocational Training Centre

Signature or lefr Thumb impicssion of rhc per- son trained.

(Sd.) L. N. M\LUCK Counlersignature of the Agent or Manager Seal of Nimcha Coal Co. Ltd.

From the above certificate, it appears that the concerned workman had undergone a Refresher Training course in Mines Vocational Training Centre from Benalee Colliery of the Nimcha Coal Company Ltd. and was either a person employed in the Colliery or was a person who returned to employment on the surface or in opeij cast workings or to employment below ground in the mine after an absence from work for a period exceeding one year or was a person who jatisfled the requii ements of Rule 9 in Chapter IV- L. N. Mai lick, the Manager of the colliery when confronted with Ext. A attempted the following explanation:

"To Tribunal—

Silaram Tripathi was a worker of S.S.P. Workers Union in the local area. He requested me for being permitted to attend the Mines Vocational Training. Although he was not a worker in the colliery, I gave him that permission. He got the permission and got himself trained but never applied for work in the colliery and therefore he was not employed In Benalee Colliery. He was not employed In the mine of

ours. Nor was he undergoing training, nor WHB be meant to be employed in our mine. Even then I gave him permission.

Exam, in chief contd.—

For the purpose of granting leave to workmen we follow the leave rul"s in Chapter Vill oi the Mines Rules. We do not recommend for train- ing anybody who Is not a worker of colliery, because no question arises lor granting leave to a non-workman. * * • • "•

Cross Examination—

I have no documentary evidence to show that anybody who is not a trainee in the colliery can be sent up by me for vocational training." The explanation does not convince me. It is difficult to believe that the Manager took liberties, beyond what was permissible under rules, in granting permission to Sitaram Tripathy and that also for apparently no satisfactory reason.

7. That the manager, L. N. Malllck, was not speaking correctly further appears from Exts, C. IX & E. three leave applications, respectively dated December 27, 1967, February 29, 1968 and May 1, 1968. Each one of the applications for leave bear the endorsement 'Granted' with the admitted initial of L. N. Mallick affixed thereon. Confronted with Exts. C. D. & E., L. N. Mallick, the manager, attempted the following explanation:

"Sitaram Trlpathi used to be the Secretary of the S.S.P. Workers. He used to come to my office at times with bunches of leave applications. There were so many Sitarams working in the colliery. I granted leave to Sitarams, who were working in the colliery. Sitaram Tripathi must have taken one or more of such applications as applications of leave for himself. What I mean to say he must have added Tripathi after the name of Sitaram, only after I had granted leave to a Sitaram who was really our workman. The same explanation applies to Ext. C. Ext. D and Ext. E."

In course of cross examination this witness was asked:

Ques: Do you have any document to show that Sitaram Tripathi was the Secretary of any S.S.P. Union?

Ans: I have one document. This is that document. (The witness produces a document in which Sitaram Tripathi is described .is Mazdoor Pratinldhi, Benalee Colliery). The document is marked Ext." 4.

Further persued In cross-examination he admitted that he had no document show- ing that Sitaram Tripathy was the Secretary of the S.S.P. Union. I have ex'mined Exts. C.D. & E. It does not appear to me that the word 'Tripathy' was subse- auently added to the signature of Sitaram. The name appears both In typed script and in manuscript. The typed script is so placed that it belies the sug- gestion of subsequent interpolation. So also does the signature. The entire signature 'Sitaram Tripathy' appears to have been written by one and the same hand and that hand appears to be the hand of Sitaram Tripathy. I am therefore, not pre- pared to place any reliance on the explanation by which L. N. Mallick, the manager, tried to wriggle out of his endorsement on the leave applications, Exts. C, D & E.

8. Thus the position is that the concerned workman got his training as a work- man from Benalee Colliery. The fact that he was working and getting leave from Benalee Co^iery is evidenced by Exts. C, D & K This is sufficient to establish that he was a workman serving in the Benalee Colliery of Nimcha Coal Company Limited.

9. Although this is the position, the workman also did not fair well as a witness. In paragraph 2 of his written statement, which I have already set out, he stated that his attendance was being marked in the underground attendance H"fister (Bogia seam) as well as In the Register of attendance room (Time office). Three volumes of Form C registers for the month of January 19B7 for all the three shifts of underground workmen [Exta. 11(11), 11(35) and 11(38)1 were pro- duced before me. They did not contain the name of Sitaram Tripathy. In his evidence, the workman said, 'I used to sign the wage register at the time of receipt of mv wages'. Wage registers were produced and marked aa Exhibits, ^they did net contain the name of Eitaram Tripathy. In my opinion, th" workman Indulged in over-doing, when he sought for support for his case In Form C

registers or In the Wage Registers. If I had not other evidence before ma.Tjhieii falsified the written statement of the employer, It would hav been difflciftf for me to grant relief to the workman on his oral evidence or on the case pleaded by him in the written statement. Fortunately for the workman, there are pieces of evidence of unimpeachable credibi'ity namely, Exts, A.C.D.&E. which support his case. They go to show that he was a workman in Benalee Colliery. If he was a workman there Is no dispute that he was a pit munshl although the work- man's case that he was a head munshi is not established. There is no ground pleaded or shown why his services were terminated with effect from October • 12, 1968.

10. The employer company produced and exhibited a mass of registers to show that the name of Sitaram Tripathy was not borne thereon. In my opinion, the evidence of the registers is of doubtful value, I do not also know whether they are a*I the registers. The documentary pieces of evidence that I have relied tipon ' are far more satisfactory evidence.

11. I. therefore, hold that the management of Benalee Colliery was not justified in terminating the services of Sri Sitaram Tripathy, Pit Munsi, with effect from l^th O" ober 1068. As such he is entitled to reinstatement in his own office. Then? is no evidence that he was wholly unemployed from October 1968. 1 do not, therefore, make any award In his favour for back wages. The order of reinstatement shall take effect forthwith from the date of signing of this award.

This is my award.

Sd/- B. N. BANERJEE, Dated, August 1, 1969.

Presiding Officer.

[No. 6/1/69-LRII.]

S.O. 3344.—In pursuance of section 17 of the Industrial Disputes Act, 1947, (14 of 1947). the Central Government hereby publishes the f(blowing award of the Central Government Industrial Tribunal, Calcutta, In the industrial dispute bet- ween tri-i employers in relation to the management of Patmohana Colliery, Post Office Sitarampur, District Burdwan and their workmen, which was received by the Central Government on the 4th August, 1969.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO. 37 OF 1969

PARTIES:

Employers in relation to the management of Patmohana Colliery.

AND

Their workmen.

PRESENT:

Shri B. N. Banerjee, Presiding Officer.

APPEARANCES:

On behalf of Employers—Absent. On behalf of Workmen—Absent.

STATE: West Bengal.

INDUSTRY: Coal Mines.

AWARD

By Order No. 6/5/69-LRII, dated April 9, 1969, the Government of India, in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), referred the following dispute between the management of Patmohana Colliery and their workmen, to this tribunal, for adjudication, namely:

"Whether the managemeht of Patmohana Colliery, Po.st Office Sitarampur, District Burdwan was justified in stopping Shri Ramprem Rajbnar, Miner, from work with effect from the 17th October, 1968? If not, to what relief is the workman entitled?"

2. The parties to the dispute did not file their written statements, although called upofi to do so. They did not care to appear on the date fixed for aettlinffth*

*4ate of peremptory hearing. The date of peremptory hearing, namely to-day, wai >flixed in the absence of parties, by an order dated June 27, 1969. The parties were Informed of the date of peremptory hearing by registered post.

3 To-day nobody appeared either on behalf of the management or on behalf of the workmen. In these circumstances, I presume that no further dispute exists between the parties. In this presumption I find support from a statement made in an application filed in another reference, namely Reference No. 28 of 1969, which was disposed of on July 18, 1989, to the effect thatthe dispute between the parties in the present reference (namely Reference No. 37 of 1969) stood the •chance of amicable settlement.

4. Be that as it may, in the circumstances already stated I pass a 'no dispute' award between the parties.

This is my award. Dated, August 1, 1969.

(Sd.) B. N. BANERJEE,

Presiding Officer. [No. 8/5/69-LRIL]

New Delhi, the 14th August 1969

S.O. 3S45,—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 matter of an application under Section 33A of the said Act from Assistant General Secre- tary, National Coal Organisation Employees Association, Darbhanga House, Ranchi, which was received by the Central Government on the 7th August, 1969.

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

PRESENT:

Shri Nandagiri Venkata Rao, Presiding Officer.

COMPLAINT NO. 10 OF 1968 In the matter of a complaint under Section 33A of the Industrial Disputes Act, 1947. {Arising out of Reference No. 244 of 1967 referred to by the Ministry by its Order No. 1/22/67-LRII dated 19-7-1967),

PARTIES: The workmen of the National Coal Development Corporation Limited, represented by the National Coal Organisation Employees Association, Darbhanga House, Ranch—Complainants,

Vs. The employers in relation to the National Coal Development Corporation Ltd., Darbhanga House. Ranchi—Opp. Party.

APPEARANCES:

On behalf of the Complainants—Shri R. K. Naug, Assistant General Secre- tary, National Coal Organisation Employees Association.

On behalf of the Opp. Party—Shri S. S. Mukherjee, Executive Committee Member, Indian Colliery Owners' Association.

•STATE: Bihar

INDUSTRY: Coal

Dhanbad, 4th August, 1969

AWARD

This is a complaint under Section 33A of the Industrial Disputes Act, 1947 by the workmen against the National Coal Development Corporation Limited Ranchi complaining that while the Reference No. 244 of 1967 was pending the employers contravened the provisions of Section 33 of the Industrial Disputes Act, 1947 In respect o? some workmen.

2. Qn 16th July 1B69 Sljri R. K. Naug, Assistant General Secretary, N f t t p f l^ Coal Organisation Employees frBtsocifttyoti representing the cortaplainani* 'anST Shri S. S. Mukherjee, Executive Committee Member, Indian Colliery Owners Association representing the .opposite party have filed a compromise memo stating that the dispute between the parties nets been settled in terms of the compromise and that an award be made in ferms of compromise settlement. The eompromjiw memo jfl duly verified. The award is made in terms of the settlement of com- promise and the compromise memo is made part of the Award.

(Sd.) N. VJINJCATA RAO,

Presiding Officer,

Central Govt. Industrie Tribunal (No 2)

Dhanbad.

BEFORE THE PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) DHANBAD-

COMPLAINT NO- 10 or 1968

(under Section 33A of the ID. Act arising out of A.T. Ref. No. 244 of 1067)

PARTIES :

The Workmen of N.C.D.C. Ltd. represented by National Coal Organisation Em- ployees Association, Ranchi—Complainants.

Vs. The Employers in relation to the National Coal Development Corporation Lt4.r Ranchi—Opp, Parties.

In the matter of above application both the parties have arrived at the follow- ing mutual settlement: —

(1) That the Management has already absorbed 32 retrenched persons out of the 45 workmen concerned in the above complaint.

(2) That the management agrees to absorb the remaining 13 workmen men- tioned below in vacancies within a. period of four months from the date of this application subject to management's policy of recruitment and medical fitness of the workers concerned;

(1) Sri Lakhan Lal, Truck Khalasi, (2) Sri Baldeo Raj, Driver, (3) Srf Sukhdeo, (4) Sri Kashi, Water Carriers. (5) Sri Hari Das, Mason, (6) Sri Madheshwar, S/Labour, (7) Sri Desai, (8) Sri Toop LaL (9) Sri Chaita, (10) Sri Phool Chand, Mazdoors, (U) Sri Manager Singh, (12) Sri Jitan Mahato and (13) Sri Lal Bir Bahadur, Watch- men.

(3) Both the parties pray to the Hon'ble Tribunal to grant the award in> terms of the compromised settlement

(Sd.) (Illgible)

(Sd.) Illegible, 16-7-1909

16-7-1969

for Managing Director, General Secretary, T6r tc en behalf of the National For & on behalf of the National Coal Organisation Employees Aaspn., poal Development Corporation Darbhanga House, Ranchi. Ltd., Barohwyja Hflosev RanchL.

(Sd.) Illegible,

10-7-1969

Asstt, General Secretary,

N. Venkata Rao.

Presiding Officer,

Central {Gtovt. Industrial Tribunal (No. 2?

Phwb>d,

patcd, Ranchi 30to July, 1MB.

{No. l/22/B7-LR.II(l).l

8.O. 3346.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes th% following award of the Central Government Industrial Tribunal (No. 2), Dhanbad, in the matter of an appHcaffon under Section 33A 6f the said Act from Assistant General S&c*etary, National Coal Organisation Employees Association, Darbhanga House, Ranchi, which was received by the Central Government on the 7th August, 1969.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL, TRIBUNAL (NO: 2)

AT DHANBAD

COMPJJWNT No- 10 OP 1968

PRESENT:

Shri Nandagiri Venkata Rao. Presiding Officer.

In the matter of a complaint under Section ^;5A of the Industrial Disputes Act, 1947.

(Arising out of Reference No. 244 of 1967 referred to by the Ministry by its order No. 1/22/67-LRII dated 19th July, 1967).

PARTIES :

The workmen of the National Coal Development Corporation Limited, represented by the National Coal Organisation Employees Association, Darbhanga House, Ranchi—Complainants.

Vs.

The employers in relation to the National Coal Development Corporation Limited, Darbhanga House, Ranchi—Opp. Party.

APPEARANCES :

On behalf of the Complainants—Shri R. K. Naug, Assistant General Secretary, National Coal Organisation Employees Association.

On behalf of the Opp. Party—Shri S. S. Mukherjee, Executive Committee Member, Indian Colliery Owners' Association.

STATE: Bihar.

INDUSTRY:Coal.

Dhanbad. Uh August, 1969

AWARD

This is a complaint under Section 33A of the Industrial Disputes Act, 1947 by the workmen against the National Coal Development Corporation, Limited, Ranchi, •complaining that while the Reference No. 244 of 1967 was pending th? employers contravened the provisions of Section 33 of the Industrial Disputes Act, 1047 in respect of some workmen.

2. On 16th July, 1969 Shri R. K. Naug, Assistant General Secretary, National Coal Organisation Employees Association representing the complainants and SHri fl!¹. S. MukheTjee, Executive Committee Member, Indian Colliery Owners Associa- tion representing the opposite party have filed a compromise memo stating that the dispute between the parties has been settled In terms of the compromise and that an award be made in terms of the compromise settlement- The" compromise memo is duly verified- The award Is made in terms of the settlement of compro- mise and the compromise memo is made part of the Award.

Sd./- N! VENKATA RAO,

Presiding Officer,

Central Government Industrial Tribunal (No. 2) Dharibad.

BEFORE THE PRESIDING OFFICER,

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) DHANBAO.

COMPLAIHT No. 10 or 1968

(Under Section 33A of the I D- Act arising out of A. T. Ref. No. 244 of Ja$7)

PARTIX8:

The Workmen of N.C.D.C. Limited represented by National Coal Organi**- tion Employees Association, Rancbi—Complainant*.

V*.

The Employers in relation to the National Coal Development Corporation Limited, Kanchi—Opp. Parties.

In the matter of ahove application both the parties have arrived at the following mutual settlement: —

(1) That the Management has already absorbed 32 retrenched persons out of the 45 workmen concerned In the above complaint.

(2) That the management agrees to absorb the remaining 13 workmen men tloowt below in vacancies within a period of four months from the date of thta applica- tion subject to management's policy of recruitment and medical fitness of the- workers concerned.

(1) Sri Lakhan Lal, Truck Khalasi (2) Sri Baldeo Raj, Driver. (3) Sri Sukhdeo. (4) Sri Kashi, Water Carriers. (5) Sri Hari Das, Mason. (6) Sri Madheshwar, S/Labour. (7) Sri Dosai. (8) Sri Toop Lal. (9) Sri Chaita-

(10) Sri Phool Chand, Mazdoors. (11) Sri Manager Singh. (12) Sri Jitan Mahato and (13) Sri Lal Bir Bahadur, Watchmen.

(3) Both the parties pray to the Hon'ble Tribunal to grant the award In term, of the compromised settlement

Sd./- Illegible.

for Managing Director,

(Sd.) Illegible

General Secretary,

For tf o" tauOt of 1P" " " " ** "" "* '" """'''" """'"!''£" a™, oI8."ro" r. "r *"—. *- • ^ s s f K X St Darbhanga House, Ranch!. Dated the Ranch! 16th July, 1989. (Sd.) Illegible.

t No l/22/67-LRn(H)T

Central Government I ^ ^f ™2"}SL (serampui^^ Colliery of National Coal Deve- between the ^ P ^rf . ^ ^ " ^ ^ h ^ f t r T ct S^aribaah (Bihar) and their vorlc 2 ^ * 5 ^ * 2 - 5 ^' Sr iSS Sve^nn^t on tte M Augurt. IN*

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

Shri Nandaglri Venkata Rao, Presiding Officer.

RxriRKMCi No. 264 OF 19A7

In the matter of an Industrial dispute under Section 10 (l)

PARTIES:

Employers in relation to the Serampur Colliery of National Coal Develop- ment Corporation Limited. Giridih, District Hazaribagh (Bihar).

AND

Their Workmen

APPEARANCES ;

On behalj of the employer: Shri M. L. Thakur, Group Personnel Officer. On behalf of the workmen: Shri K. L. Pal, Advocate.

STATIC: Bihar.

INDUSTBY: Coal.

Dhanbad, 25th July, 1969

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers in relation to the Serampur Colliery of National Coal Development Corporation Limited, Giridih, District Hazaribagh (Bihar) a id their workmen, by its order No. 2/48/67-LRII dated 19th September, 1967 re.erred to this Tribunal under Section 10(l)(d) of the Industrial Disputes Act, 1947 for adju- dication the dispute in respect of matters specified in the schedule annexed thereto. The schedule i3 extracted below:

SCHEDULE

"Whether the employers in relation to the Serampur Colliery of National Coal Development Corporation Limited, Giridih, District Hazaribagh (Bihar) were justified in demoting, with effect from the 1st February, 1966, Shri Ram Kisun Chamar from the post of Mining Sirdar to the post of Shot Firer? If not, to what relief is the workman entitled?" 2. Employers as well as the workmen filed their statement of demands, The employers also filed a rejoinder to the statement of workmen.

3. Shri Ram Kisun Chamar (hereinafter refened to as the affected workman) was a mining sirdar at Serampur colliery of National Coal Development Corpora- tion Ltd., Qlridlh, District Hazaribagh (Bihar) (hereinafter referred to as the em- ployers). On the night intervening 13th and 14th October 1905 an accident took place due to blasting in which one person difd and 2 others were injured. The affected workman was the mining sirdar on duty on the night at the place of occur- rence. On 14th October 1965 the Manager of the colliery served a charge-sheet on the affected workman, alleging that he had failed to discharge his statutory duties under Regulation No. 44(1) (b) and Regulation No. 170(3) of the Mines Regu- lations 1957, that the failure of the affected workman constituted a serious miscon- duct on his part and that he should submit his explanation within 7 days. Through the same charge-sheet the affected workman was suspended with effect from 14th October 1965. The affected workman submitted his explanation, admitting the facts mentioned in the charge-sheet, hut pleading that he was not present at the place of occurrence at the time of the blasting as he had gone to see the deputy overman as wanted by him, that before leaving the place he had repatedly • told the shot flrer not to blast any catridge until and unless he returned, that the shot flrer blasted the catridges in contravention of his instructions and in his absence resulting in the accident and that as such he was Innocent. The Deputy Superin- tendent of collieries issued a memo stating that he would conduct enquiry on 3rd and 4th November, 1963 and Informing the affected workman to present htmsell along with hia witness <"nd evidfenoe- The Deputy Superintendent conducted the enquiry in presence of the affected workman- He examined one witness for the management and the affected workman and 2 witnesses in defence- Then the enquiry officer submitted his report finding the affected workman guilty of the

charge, under a covering letter to the Additional Area General Manager. The Additional Area General Manager accepted the finding of th§ enquiry qfflceijand dir"ct"<*^the- Dfeputy Superintendent of collieries to issue a notice to thV afflcfted workman to show cause why he should not be demoted as a shot flrer as a punish- ment. Accordingly, a notice was Issued to 1;ho affected workman and he submitted his explanation. The Additional Area General Manager issued a letter punishing the affected workman by demoting him from the oost of mining -sirdar to the post of shot flrer. These facts are not in dispute. The case of the workmen is that the affected workman had left the place of occurrence to meet the deputy overman bs desired by him, directing the shot flrer to Jeave Hie place and to take rest 'and not to fire any shot before the affected workman returned, that In disobedience to his order the shot flrer had fired shots in the absence of the affected workman resulting in the accident, that the enquiry held by the Deputy Superintendent of collieries was perfunctory, that the defence witnesses were cross-examined by the enquiry officer before the affected workman examined them, that the enquiry offi- cer took into consideration the evidence of witnesses who were not examined in the enquiry against the affected workman and that the finding of the enquiry officer was perverse. The workmen were represented by Shn K. L. Pal, Advocate and the employet s by Shrl M. L. Thakur, Group Personnel Officer. On admission by the employers Exts. W 1 to W 9 for the workmen and on admission by th^ work- men Exts. M 1 to M 8 for the employers were marked- On behalf of the work- men the affected workman was examined and on behalf of the employers 2 witnesses were examined and Exts. M 9 to M 30 were marked.

4. In view of the admitted facts the only point to be considered is how far Lhe domestic enquiry held against the affected workman was proper and In accordance with the principles of natural Justice. The domestic enquiry was conducted by Shri J. N. Sarkar, the Deputy Superintendent of Collieries, MW. 1- It is not in dispute that on both the days of enquiry the affected workman was present and he examined himself and 2 witnesses in his defence and onp witness was examined for the management. The enquiry officer, MW. 1 has m his evidence that the •witness for the management was examined by the enmury officer himself and the affected workman did not cross-examine him. The statement of the management's witness Is Ext- M 9. The statement of the affected workman is Ext. M 12 and the statements of his 2 defence witnesses are Exts. M 10 and M 11. The enquiry officer says that the affected workman and his 2 defence witnesses were not examined by any one but they were cross-examined by the Manager. The enquiry officer also cross-examined them. I do not find any irregularity in the procedure adopted by the enquiry officer in recording the statements of the affected workman and his 2 defence witnesses. When the affected workman simply produced himself and his 2 witnesses before the enquiry without putting any question in examination-in-chief, there was nothing wrong in the Manager or the enquiry officer in putting questions and eleoit- mg from them what they knew about the charges brought against the affected work- man. The statements are recorded in questions and answers. Having gone through the statements I find that the affected workman could do no better In eleciting the Information from them by putting questions to them in examinatlon-ln-rhief. The affected workman as well as his 2 witnesses have in their statements that at the time of occurrence the affected workman was away from the place of occurrence nnd that that was the defence pleaded before the enquiry officer. It is not the evidence of the affected workman, WW. 1 that he was not given proper opportunity to cross-examine the management's witnesj or to produce his own defence witnesses. No other Irregularity is alleged in his deposition. Even during arguments no reason is attributed to the enquiry officer why he should give the finding against the affected workman. The enquiry officer had before him the evidencP of one witness for the management and 3 witnesses for defence and on this evidence he arrived at the conclusion that the affected workman was guilty of the charge.. It is true that the enquiry officer referred to the evidence of some witnesses who were not examined in the present enquiry. But 1he point Is whether he had evi- dence before him in the enquiry to support his finding. The Tribunal is not a court of appeal to go into Appreciation of the evidence or see If there was suffi- cient evidence to support the finding of the enquiry officer, particularly when no specific allegation is made regarding the procedure adopted at the enquiry. Having gone through the evidence, Exts. M 9 to M 13, I cannot say that there was no evi- dence at ali to support the finding. I do not find any reason to interfere with ffye finding of the enquiry officer. The finding of the enquiry officer was accepted and tbtf demotion order of the affected workman was Issued bv the Additional Area "General Managed who- Is the highest authority of the colliery. The certified copy of the Judgment of the 1st Class Magistrate, Girldlh dated 4th June, 1968 is brought to my notice. From the judgment ft appears that the affected workman and some other were prosecuted under Section 304A and 937 IPC fn respect of the sanie occurrence and the affected workman was found guilty and convicted and

sentenced to 1 year RI and six months RI and under each oH the sections- From tlto judgment it does not appear that the affected workman had taken the plea beTore the Magistrate that at the time of the occurrence he was away from the scene •of occurrence at that the shot flrer had done the blasting against the specific direc- tions given by the affected workman.

5. As a result of my above discussions I find that the employers in- relation to the Serampur Colliery of National Coal Development Corporation Limited, Girldih, District Hazarlbagh (Bihar) were justified in demoting, with effect from the 1st February, 1906, the affected workman. Shri Ram Kisun Chamar from the post of Mining Sirdar to the poet of Shot Firer and, consequently the affected workman 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 Government Industrial Tribunal,

(No. 2) Dhanbad. [No. 2/48/67-LR.IL]

S.O. 3348.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 •ol 1947), the Central Government hereby publishes the following award of the •Central Government Industrial Tribunal (No. 3), Dhanbad, in the indu^ rLJ dis- pute between the employers in relation to the Digwadih Colliery of Messis Tala Iron and Steel Company Limited, POst "Office Jealgora (Dhanhad) and their work- men, which was received by the Central Government on the 4th August 1969.

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO 3) AT DHANBAD

REFERENCE NO. 94 or 1968

PRESLNl .

Shri Sachidanand Sinha, M.A-M.L,, Presiding Officer.

PARTIES.

Employers In relation to the Digwadih Colliery of M/s. Tata Iron & Steel Co. Ltd.,

Vs.

Their workmen.

APPEARANCES:

For Employers,—Shri L. H. Parvatiya, L.A.

For Workmen.—Shri B N. Sharma, Presidint Congress Mazdoor Sangh.

INDUSTRY: Coal.

STATE: Bihar-

Dhanbad. dated the 28th of July, 1869

AWARD

1. The Central Government, being of opinion that an industrial dispute exists between the employers in relation to the Digwadih Colliery of Messrs Tata Iron and Steel Company, Limited, Post Office Jealgora (Dhanbad), and their workmen by its order No, 2/19I/66-LRII dated the 13th Of March. 1967, referred the dispute -to the Central Government Industrial Tribunal, Dhanbad under section lO(l)(d} of the Industrial deputes Act, 1947 for adjudication the dispute in respect jf the matters specified in the schedule annexed thereto- The schedule is extracted below: —

SCHEDULE

"(a) whether the dismissal of Sri Thakur Singh, Watchman, Watch and Ward Department, with effect from the 8th May, 1964 by the manage- ment of Digwadih Colliery, of Tata Iron and Steel Co. Limited. Jamadoba, Dhanbad, was justified?

(b) If not to what relief is he entitled?"

3. The Central Government Industrial Tribunal. Dhanbad registered" the re- ftrence aa reference No. 27 of 1967 on its filed. While it was pending there the

proceeding was transferred to the Central Government Industrial Tribunal No. SL Dhanbad, by the Central Government by it* order No. 8/25/67-LKII, dated thff 8th ol May, 1967 where it was registered as reference No- 224 of 1907. The Cen- tral Government by its subsequent order No. 8/71/W-LRII dated the 13th August, 1068 transferred the dispute to this Tribunal and here It has been renumbered a* reference No. 94 of 1968.

3. On 27th September 1968 the employers filed their written statement in which they contend inter alia that the concerned workman Shri Thakur Singh was employed as watchman at the Dlgwadlh colliery. On 10th February 1964 the concerned workman Sri Thakur Singh forcibly snatched away He. 100/- from the hand of Sri Chamru Turl, another employee, at the payment counter of Digwadlh colliery, when the latter received his wages for the month of January, For the above misconduct a chargesheet dated 21st February 1964 waa issued to Sri Thakur Singh to which he submitted his explanation. By a notice dated 27th/29th Fet>- ruary 1964 the date of enquiry was fixed on 4th March 1964. In spite of the above- notice of enquiry the concerned workman Sri Thakur Singh did not attend the departmental enquiry on the above date and It was therefore, conducted in hi* absence. In the above departmental enquiry the misconduct mentioned in the charge sheet was satisfactorily established and Sri Thakur Singh was therefore, dismissed with effect from 8th May 1964. According to the management the dis- missal of Sri Thakur Singh with effect from 8th May 1964 is justified and he I* not entitled to any relief. It is also alleged that "the employers had no knowledge If Shri Thakur Singh was member of Congress Mazdoor Sangh.

4. The Congress Mazdoor Sangh filed the written statement on behalf of the concerned workmen on 21st October 1968 According to the union the concerned workman was permanent employee of tho Management with a blameless service of a long period till he was wrongfully and unlawfully dismissed from service in. Utter disregard of the principles of natural justice by the management with effect from 8th May 1964.

5. The concerned workman was served with charge sheet dated the 20th Feb- ruary, 1964 accusing him of having forcibly snatched the sum of Rs. 100/- from a co-employee when the lattej had received his wages for the month of January, 1964- He was therefore, charged under clauses 19(1), 19(13) and 19(19) of the Standing Orders and violation of the Bihar Prohibition of Workmen's Wages Act- The workman replied to the chargesheet on the 26th February, 1964 denying all the charges. In spite of the workman's denial of the charges the enquiry was alleged to have been held on the 4th of March, 1964 In his absence. The workman In order to substantiate his contention had to collect certain documents from the Ornm Panchayat He was unable to get the documents from the Gram Panohavnt at such a short notice and therefore, he filed an application on the 4th of March. 1964 for extension of one week's time to produce necessary documents. But the request was not granted and the enquiry waa held ex parte in his absence in utter disregard of the principles of natural justice. According to the Union the enquiry was held in utter disregard of the principles of natural justice. According to the According to the Union the dismissal of the concerned workman was unjustified and the workman la therefore, entitled to be reinstated with full back wages-

8. On behalf of the management two witnesses were examined and 15 items of documents were exhibited and were marked as Ext. M-l to M-15- On behalf of the workman one witness was examined namely Sri Thakur Singh, the con- cerned workman and five items of documents were exhibited and were marked as Ext. W-l to W-5.

7. The point for determination Is whether the dismissal of the concerned workman Sri Thakur Singh by the management waa justified?

8. Ext. M-l is the chargesheet. In the cbar(feshe""t it was alleged that nn 10th February 1964 at 12-30 P.M. the concerned workman, Sri Thakur Singh forcibly snatched away Rs. 100 from the hand of Sri Chamru Turi, Line Mazdoor near th" payment counter when he had received his wages for the month of January, 1964. He was therefore, charged under clauses 19(1), 19(13) and 19(19) of the Co's Stand- Ing Orders and violation of Bihar Prohibition of Workmen^ Wages Act Clause J9(l) of the Standing Order runs as follows:—

"Wilful insubordination or disobedience, whether along or in combination, -with another or others, of any lawful or reasonable orders of a Rune- Tior."

Cteuae 19(13) of the Standing Orders runs us follows: —

"Lending money to or borrowing money from subordinate employees-"

19(19) of the Standing Orders runs as follows: —

"Any breach of the Indian Mines Act. cr of any other Act, or of any ruie"-, or bye-laws thereunder, or of standing orders.

9. Sri Chamru Turi made on complaint to the manager on 10th February 1964 to tne ertect ihat Sri Thakur 'bingh. bad snatched away Rs. 100/- from his hand while he was standing near the payment counter (ytde Ext. M-4). It seems that Ext- M-4 is the basis of ihe cnargesheet In his complaint Sri Chamru Turi cited N. S. misia and B. K'ahman as his witnesses. The manager also examined them and their statement is Ext. to-i wherein they stated that as soon aa Sri Chamru.* Turi took his wages in his hand Sri Thakur Singh the concerned workman snatch- ed away a sum of Rs. 100 fm.-r. his hand- Ext. M-13 is the enquiry report and the Enquiring Officer has BIEO slated therein that the concerned workman Sri Thakur Singh was chaiged for forcibly snatching away Rs. 100 from the hands cf Chamru i'uri, Line Mazdrwr on iOth February 1B64 when he took payment of his wages and he came to th* finding that Sri Thakur Singh, Watchman snatched away Rs. 100 from the hand-; t>1 Sri Chamru Turl. Ext. M-2 is the letter of dis- missal and It also reeities that it has been proveu that he was guilty of the charge brought aga.nst him viz. forri.ny snatching away Rs. 100 from the hands of Chamru Turi, Line Mazdoor, nt'ar ihe payment counter of Digwadih colliery when he had received wages for the month of January, 1964-

10. Thore was no ovldenro before the Enqulrylng Officer that the concerned workman contravened any of th.9 provisions of the aforesaid clauses viz. Clauses 10(1) (13) and (19¹) of the Standing Orders or that he contravened the provisions of the Bihar Prohibition n? Workmen's Wages Act nor there is any specific finding on the aforesaid point.

11. It is an elementary principle that a person who is required to answer a charge must know not only the accusation but also the testimony by which the accusation is supported It is essential that the chargesheet should be clear con- tain sufficient indications of tho alleged misconduct. The chargesheet must be specific and must set nut all the necessary particulars. The person chargesheeted' must know what he Is charged with and must have the amplest opportunity to meet the charge. A person must be told in the clearest terms and with full parti- r-ulars wh"t he is alleged faults ore.

12. Te object of furnishing a chargesheet is to give an opportunity to the person, ^'ho Is charged with misconduct to give an explanation to defend himself. The r ue of natural justice required that the person charged should know the nature, of offence with which he is charged and should be given opportunity to defend himself and to give a proper explanation.

13- The charges, which a person is called upon to meet must, therefore, be clear; precise and accurate- Fair hearing presupposes a precise and definite cata- logue of charges, so that the persons charged may understand and effectively meet them. If the charges are imprecise or indefinite, the persons charged would not be able to understand them and defend himself effectively, and tho result would not be a fair and just enquiry.

14- In view of the circumstances I hold that the charge was not properly framed against the concerned workman. Even during the ex-parte enquiry there was no evidence on the point of commission of misconduct under clauses 19(1) (13), and (19) nor there was any evidence Qf violation of any of the provisions of Bihar Prohibition of Workmen's Wages Act.

15. The concerned workman Sri Thakur Singh was found guilty of snatching away Rs. 100 fro mthe had of Sri Chamru Turi. Such an act constitutes an offence under the Indian Penal Code cannot be a subject matter of departmental enquiry. Such an act would constitute theft and this kind of misconduct is not covered under any of the provisions of the Standing Order. The domestic Tribunal has no jurisdiction to try a misdemeanour of this kind. A misconduct of thin nature is not covered under any of the provisions of Standing Order and In thla view of the case also the departmental enquiry was not proper, fair and legal-

16. The Supreme Court in Punjab National Bank Ltd.'s case FA-I.R. 1960 * S.C- 160] observed that the enquiry by the Tribunal must be confined to the charges on which the order made by the employer was b&ped- In that case their

Lordshlp observed that in- view of the Jact that it i" no$ open to the employer in the enquiry before the Tribunal to add any furtKer charges, the' case" nas^^o be considered by the Tribunal onl^ on tKe¹ original charfcesheet a" It wa# framed. Even where the Tribunal is Inclined t* takie-the view that the additional miscon- duct on which the emploer wants to rely would have justified the employee's dismissal the emploer cannot be allowed' td raise the question of such miscon- duct if it has not been included in the orfiffnal chargesheet,

17- There wad another serious infirmity in the enquiry, The concerned work- man Sri Thakur Singh has' submitted his reply to the chargesheet on 26th Feb- ruary 1964. Ext. M-i is the original chargesheet containing both the charge- sheet and the reply thereto. But Ext. M-l was not before the Enquirying Offi- cer at the time of writing his report. The Enquirying Officer, had received the duplicate copy of the chargesheet (Ext. M-8) but it did not contain the reply to the chargesheet by the concerned workman Sri Thakur Singh- The En- quirying Officer, Sri N. K. Prasad is MW-1 and he has stated in his evidence before this tribunal that the explanation of Sri Thakur Singh in reply to the chargesheet was not before him at the time of writing the report.

18. In this view of the case also it cannot be said that the report of the Enquirying Officer was proper and fair because at the time of writing his report the explanation of the concerned workman was not before him.

19. Sri N- K. Prasad, the Enquirying Officer has stated in his evidence that he issued the notice of enquiry on T4th February 1964 fixing the enquiry -on 26th February 1964 (Ext. M-9). On 26th February 1964 Sri Thakur Singh did not attend the enquiry proceeding and therefore, a notice of enquiry was again issued to him on 29th February 1964 fixing the date of enqutrying on 4th March 1964 (vide Ext. M-ll). It is said that the notice of enquiry (Ext- M-ll) was received by Sri Thakur Singh on the same date through peon book (vide Ext. M-15). According io the Enquirying Officer on 4th March 1964 Sri Thakur Singh did not appear in the enquiry proceeding and therefore, he held depart- mental enquiry ex-parte in his absence The case of the concerned workman. Sri Thakur Singh is that it was not possible for him to appear before the depart- mental enquiry on 4th March 1964 because (n order to substantiate his case he had to collect certain papers from the Gram Panchayat- In his evidence he stated before me that on 4th March 1964 he went to attend the enquiry and submitted an application for adjournment the enquiry but the Enquirying Officer did not accept the application and therefore, he sent that application under re- gistered cover. That application is Ext, W-3. In that application he stated that he as emplicated due to enmity in the case. In order to prove this fact he had to obtain papers from the Gram Panrhayat where his case •was pending He further stated that during the short notice it was not possible to him to collect certain papers and therefore, he prayed for adjournment. That paper of Gram Panchayat has been filed before me and has been marked as Ext M-5. This is a complaint by Sri Thnkur Singh to the Gram Panchayat, Jorapokhrjr In which he stated that he was assaulted by Chnmru Turi and was abused by Sri B. Rah- man and S- N. Mian. It is to be noted that it was alleged by the management that he had snatched away Rs. 100 from Sri Chamru Turi and in that connection Sri B- Rahman and S .N. Mishra were the witnesses. His prayer was not granted and the enquiry was held on 4.3-64. From the facts stated above It cannot be said that the concerned workman deliverately and without any reasonable ground absented himself from the enquirying proceeding.

20- In industrial enquiries the question of the bona fides or mala fldes of the employer is often at Issue. It is alleged that the employer was actuated by a desire to victimize a workman for his trade union activity. These are the reasons why domestic enquiries in industrial matters should be held wth scruplous regard for the requirement of natural justice- Care must always be taken to see that these enquiries are not reduced to empty formality.

21. In this view of the case I find that the concerned workman was not given full opportunity to represent his case In the domestic enquiry. In this view also the domestic enquiry cannot be said to be fair and its finding cannot be upheld.

23. Tiiie is my award- It may be submitted t° the Central Goyernment under section Ifi of the Industrial Disputes Act, 1947.

(Sd.) SACHIDANAND SINHA, Presiding Office*.

iNo. 2/191/66-LRH-]

S.O. 334*.—In pursuance of section 17 of the Industrial Disputes Act, 1M7 (14 of 1947), the Central Government hereby publishes the fouowirifl award pf Ibe Central Government Industrial Tribunal,

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (No 2) AT

DHANBAD.

PRESKNT:

Shri Nandagiri Venkata Rao, Presiding Officer.

REFERENCE NO. 258 OF 1007

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

PARTIES :

Employers in relation to the Ena Colliery, Post Office Dhansar (Dhanbad).

AND

Their workmen

APPUABANCKH :

On behalf of the employers:—Shri S. S. MuSherJee Executive Committee Member, Indian Colliery Owners Association,

On behalf of the iporkmen:—Shri Prasanta Burman, Vice President, Mine Mazdoor Union,

SATE: Bihar

INDUSTRY: Coal,

Dhanbad, 28th July, 1909/6th Sravana, 1891 Saka

AWARD

The Central Government, bplng of opinion that an industrial dispute exists between the esmployers in relation to the Ena Colliery, Post Office Dhansar (Dhanbad) and their workmen, by its order No. 2/67/67-LR. II dated 4th Sep- tember 1967 referred to this Tribunal under Section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matters speci- fied in the schedule annexed thereto. The schedule is extracted below:

SCHEDULE

"Whether the management of Ena Colliery, Post office Dhansar, Dhanbad was justified in dismissing from service Shri Barkhas Mia, Miner, with effect from the 2nd September, 1968? If not, to what relief is the workman entitled?"

2. The employers as well as the workmen flled their statement of demands,

'A. AB pointed out by the Reference Shri Barkhaa Mil* (hereinafter referred to as the affected workman) was a miner in Ena Colliery. A charge sheet dat"d 27th p"oemb"r, 1966 was Issued bv the Manager of the colliery to the affected workman alleging that on 23rd December, 1965 at No. 4 Pit the affected wo-kmatt had used abusive language in the name of the Manager, that he had also threatened to murqer some of the company's officials and that he should show cause withlij 48 houra why disciplinary action should not be taken against him for the above misconduct. The affected workman submitted his explanation on 29th December. 196,5- denying the allegation contained in the charge-sheet. The Welfare- Offleer of the colliery conducted a domestic enquiry on Mth May, 1968. The affectwj workman participated ^n the enquiry. The enquify officer submitted his report dated 31st May. 1966, holdtnjr the affected workman guilty of the charge. The Manager agreed with the findings of the enquiry officer and recommended that

'the affected workman should be dismissed from the company's service Th© Director of the company approved the dismissal and directed the Manager t* issue the necessary letter to the affected workman, Another charge-sheet dated •4th June, 1966 was issued to the affected workman under the signature of the Manager. The allegation was that he had remained absent without any leave from 26th March, 1966 till date, and that it was a misconduct on his part to re- main so absent, The affected workman submitted his explanation to the charge- sheet, stating that the allegation was baseless, fulse and not maintainable. On -2nd September, 1966 a letter was issued under the signature of the Manager to the affected workman, stating that as a result of ihe 2 separate domestic enquiries the affected workman was found guilty of the charges brougtil against him in the charge-sheets dated 27th December, 1965 and 4th June. 1966 and that, therefore, he was dismissed from the company's service with immediate effect. These facts are not hi dispute. The case of the workmen is that in respect of the charge- sheet dated 4th June, 1986 no enquiry at all was held and the affected workman was not allowed any opportunity to defend himself. AH regards the charge-sheet dated 27th December, 1965 it was stated that the finding of the enquiry officer was perverse and was a result of premeditation It is also stated that the action of the management was to victimise the affected workman for his trade union activities. The employers filed their statement stating Ihpt tne dismissal of the affected workman was on account of his proved misconducts in terms of the "Standing Orders, that both the domestic enquiries were proper and in accordance - with the principles of natural justice, that the affected workman had participated also in the domestic enquiry conducted by the We'fare Officer In respect of the charge-sheet dated 4th June, 1966 and had also cross-examined the witnesses for "the management, that there was no victimisation on their part for &r.v trade union activities of the affected workman and that the dismissal was proper and justified. They also took a legal objection stating that the dispute Involved In the reference was an individual dispute and as such outside the purview of the Industrial Disputes Act, 1947. The workmen were represented by Shri Prasanta Burman, Vice President. Mine Mazdoor Union and the employers by Shrl S S TVfukherjee, Executive Committee Member. Indian Colliery Owners Association. On admission by the employers Exts. W.I to W.5 for the workmen and on admis- sion by the workmen, Exts. M.I to M.U for the employers were marked. On behalf of the workmen the affected workman was examined as WW.l and Ext. W.9 was marked. On hehalf of the employers a witness was examined and Exts. M.12 to M.25 and Exts. W.6 to W.fi were marked.

4. Shri S. S, Mukherjee, the learned representative of the employers has not nressed the legal objection raised In the statement of the employers against sustain- ability of the reference Moreover, this being a dispute in respect of diimi^al from service of an Individual workman it should be deemed as an Industrial Hknute in view of Section 2-A of the Industrial Dispute Act, 1947. The leaal objection is overruled.

,,"?", Admittedly, in respect of the charge-sheet, Ext. M.I the Welfare Officer MW.l held the enquiry and the affected workman participated in it Enquiry proceedings are Ext. M.12 and the enquiry rermrt Is Ext. M.13. 2 witnesses were examined for the management and the affected workman cross-examined them Ihe affected workman Pave his own statement and examined 5 witnesses in his Sf ?n+Cif" " *f lIst w f t n e ss f or t ne management. Shri Barahalal Varma bad deposed that the affected workman *ot furious and started abusing everybody I.e. Munshi mining sirdar in-charge and Manager in fllthv language In the'names of mothers and sisters and also said that ho would slaughter everybody bv beating. The witness further deposed that he would Mil some of the officials. The 2nd witness ™U™ man"eemer,t, Shri Kailash Shantlkary has Jn his evidence that the affected flm^""m * < i" "h" "r^P n ce a b u s l n rI t he ^ " ^ aw and others In a most " ', 'anjrua-£ inclusive of their sisters and mothers and that he stated th*t he would leave the colliery after MPing some of the officials. The evidence of the affected workman and his defence witnesses na-rated nt length how the afreets workman was bein* booked tubs previously and how it was .topped Whatever that be. there cou d be no justification for the affected workman to use mTeh filthy language asamst the Manager and threaten to kH some of the officM, I •vroiot go into appreciation of evidence by noting deseripandes and se- If the conclusions arrived at by the enquiry officer w", correct. Regarding the e n q uS In respect of the charge-sheet, Ext. M8 t*-i" ca"e nf the workmen wasi t h a t t h i£ was no enquiry at all. But the W=lf,rP officer, MW. ha" Tvo"ed that be neW the enquiry on 30th August, 1966 in the presence of th, - /S workman, ttat

Htc examined 2 witnesses for the management, that the affected workman cross- •examined the witnesses, that the aftected workman also gave his statement but did not examine any defence witness and that the enquiry proceedings are kxt. M.15. It is an admitted fact that the affected workman did not attend to his duty irom 26th March, 1966 without permission or leave. In the explanation, Ext. M.9 1 the ailected workman had stated that on 26th March, 1966 he had received informa- tion that his mother had fallen ill, that he returned back within a week and that after his return he was not allowed to resume duty. But in this reaped, there Is absolutely no evidence to support the affected workman. On this material it cannot be said that the findings of the enquiry officer in respect of both the enquiries were without any basis or that they were perverse. The enquiry officer, MW.l has in his evidence that he had recorded the statements in both the enquiries in t/iL presence of the ailected workman, read them over and explained to him in Hindi. In the evidence of the affected workman, WW.l there is not a word about any irregularity in respect of either of the 2 enquiries. His whole evidence related to the fact that from the beginning he was working aa a miner's siidar and the management used to cut the wages of one tub from the gang of miners and credit it to the account of the ailected workman and on refusal to continue the practice a dispute arose between the affected workman and the munshi and the management. This is a fact not related to the subject matter of the reference. The reference is confined to the justification or otherwise of the dismissal of the -affected workman and from the record it is established that he was dismissed for committing misconducts by abusing the Manager and threatening to kill one of the officials and by absenting without leave for more than 10 days. The work- men had pleaded that the affected workman was victimised for his trade union activities. In this regard also there is no evidence of probative value. The affected workman, WW.l says that as the Assistant Secretary, Colliery Mazdoor Sangh he had espoused the causes of workmen and as such, the management had victimised him. Exts. W.3, W.5 and W.9, which are brought on record for the purpose do not show that the management had any grouse against the affected •workman. Merely because the affected workman had represented to the manage- ment and others the grievances of the workmen It does not give rise to the necessary Inference that the management was displeased or made up their mind to victimise the affected workman. Apart from the affected workman, no other witness is examined by the workmen.

0. As the result of my above discussion I find that the management of Ena Colliery, P.O. Dhansar, Dhanbad was iustifled in dismissing from service Shri Barkhas Mia, Miner with effect from the 2nd September, 1966, 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,

(Sd.) N. VENKATA RAO,

Presldinc Officer. Central Govt. Industrial Tribunal (No. 2) Dhanbad. fNo. 2/67//67-LR-II.] S.O. 3350.—In pursuance of section 17 of the Industrial Disputes Act, 1&47 (14 of 1947), the Central Government hereby Dublishes the following award of the Central Government Industrial Tribunal (No, 2) Dhanbad m the Industrial dispute between the employers in relation to the Khas Nirsha Colliery o' Messrs Mohatta Bros., Post Office Nirsachattt, District Dhanbad and their workmen which was received by the Central Government on the 4th August, 1969.

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

PRESENT

Shri Nandagiri Venkata Rao. Presiding Officer.

REFFRENCE NO. 286 OF 1967

In the matter of an industrial dispute under Section 10 (1) (d) of the Industrial "Disputes Act, 1947. ^PARTIES :

Employers In relation to the Khas Nirsha Colliery of Messrs Mohatta Eros., Post Office Nirsachatti, pistr^ct Dhanbad.

Their workmen.

AFPBAKAKCW :

On behalf of the tmploycrs—Bhrl B. Joshi, Advocate. On behalf of the workmen—Shri S. S, Kapur, Advocate.

(BTATK: Bihar.

INDUSTRY: Coal-

Dhanbad, 29th July, l&69/7th Sravana, 1881 Saka.

AWARD

The Central Government, being of opinion that an industrial dispute exist* between the employers in relation to the Khas Nirsha Colliery of Messrs Mohatta Bros., Post Office Nlrsaehatti. District Dhanbad and their workmen, by Its order Vo. 2/77/67-LRII dated 13th September 1967 referred to this Tribunal under Section 10 (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 below: —

ScmstJU

"Whether the management of Khas Nirsha Colliery of Messrs Mohatta Bros-, Post Office Nirsachatti, District Dhanbad were Justified in terminating: the services of Shri Nlrod Baran Roy with effect from the 13th March, 1967? If not, t0 what relief is the workman entitled?"

2. Workmen as well as the employers filed their statement of demands.

3. The workmen were represented by Shri S- S. Kapur, Advocate and the employers by Shri B. Joshi, Advocate- On 15th July 1969 parties filed a compromise memo stating that the dispute involved in the reference was settled In terms of the compromise. The compromise memo was duly verified. The award is made in terms of the compromise and the compromise memo i3 made part of the award. The award is submitted under section 15 at the Industrial Disputes Act, 1947.

(Sd.) N. VENKATA RAO,

Presiding Officer,

Central Govt. Industrial Tribunal (No- 2% Dhanbad.

BEFORE THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL. TRIBUNAL No. 2 AT DHANBAD

REFERENCE No. 266/19S7

Employers in relation to Khas Nirsha Colliery.

AND

Their Workmen.

"Without prejudice to the respective contentions of the parties, the above Reference has been amicably settled on the following terms: —

1. That the services of Shri Nirod Barfln Roy, the Workman concerned in the present reference will stand terminated with effect from 13th March 1867 as if retrenched. The workman will claim no reinstatement.

2. That the employers will pay a lump sum of Rs. 3000/- (Rupees three thousand) net after deduction of all advances If any in full and final settlement of all- his claims and demands upto the date of this settlement

3. That the above sum of Rs. 3,000/- (Rupees three thousand) will be paid to Bhrl Niiod Baran Roy within two weeks from the date of the present settlement and the workman concerned will give the vacant possession of his quarters allotted to him within a week'f time after payment.

4. That the parties will bear their own respective costs of their proceedings.

5. That in view of the terms as stated above, there does not exist any dispute between the parties which needs further adjudication by the Honourable Tribunal.

• It is, therefore, humbly prayed that this settlement may kindly be recorded and an Award passed in terms thereof.

For Workman,

For Employer. S. S. KAPT/R, Advocate. B. JOSHI, Advocate. NIHOD BARAN RAI, Workman. B. K, P. SIIARMA, Manager. K. K. MUKHERJEE, General Secy. K. C. JAIN, Special Officer.

Dated, the 15th July 1969.

[No. 2/77/67-LR.IL]

S.O. 3351.—In pursuance of section 17 of the Industrial Disputes Act, 1&47 (14 of 1947), the Central Government hereby publishes the following interim award of the Central Government Industrial TribunaJ, (No. 3) Dhanbad, in the industrial dispute between the employers in relation to the Lodna Colliery of New Standard Company (P) Limited, Post Office Jharia, District Dhanbad and their workmen, vhJcn was received by the Central Government on the 1st August, 1969.

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 3)

AT DHANBAD

REFERENCE NO. 82 OF 1B68

PRESENT;

Shri Sachidanand Sinha, M.A.M.L., Presiding Officer.

PAHTIES:

Employers in relation to the Lodna Colliery,

Vs.

Their workmen.

APPEARANCES;

Far Employers—Shri D. Narsingh, Advocate.

For Workmen—Shri P. Burman.

INDUSTRY: Coal.

STATE; Bihar.

Dhaubad, dated the 21st of July, 1969

INTERIM AWARD

1. The reference before this tribunal is "whether the dismissal of Shri Satya Gopal Choudhury by the management of Lodna colliery (New Standard) of Messrs Madhavji K. Varma and Sons Private Limited with effect from the 16tb July, 1964, was an act of victimisation? If so, to what relief is the workman entitled?".

2. The above dispute was raised by the Khan Mazdoor Congress (hereinafter referred to as the Union). Tn the order of reference the Manager, Lodna Colliery of New Standard Co. (P) Ltd. was impleaded as party. On 17th December 1968 the Union filed a petition to the effect that from the very notification of the refe- rence it shall be obvious that in addition to New Standard Coal Co. (P) Ltd,, v;h1rh is owner of Lodna Colliery, M/s. Madbavji K. Varma & Song (P) Ltd., who was the then management of the colliery and in that capacity dismissed the work- man concerned, also stands in the position of the employer, in relation to the present dispute. It was further submitted that, besides New Standard Coal Co. (P) Ltd. M/s. Madhavji K. Varma & Sons (P) Ltd., and the Special Officer, Sri K. C. Mukherjee, also stand in the position of employers vis-a-vis Lodna Colliery in relation to the dispute under reference, Or J,hese grounds they sub- mitted that for the purpose of full enquiry into the object matter of dispute, and in order to give a full and comprehensive findin[ n the subject of reference, and also to give appropriate relief, it is necessary that Madhavji K. Varma & Sons (P) Ltd- and Special Officer, Shri K. C. Mukherjee, should be joined a neces- sary parties in the present dispute, on the side of the employers.

3. On 19th February 1969 Sri K. C. Mukherjee. Special Officer, New Standard Coal Co. (P) Ltd., appeared and filed written statement. On 2'ith February 1969 M/s. Madhavji K. Varma & Sons (P) Ltd., appeared and filed their written state- ment. On behalf of the Coal Company the written statement was filed on 31 fit

October 1968. In their written statement they alleged inter alia that the owner cf the New Standard Lodna Collieiy is not concerned in the present reference as the management of the colliery, at tlie relevant time, was vested in M/s. Madhavji K. Varma & Sons (P) Ltd., hereafter referred to as the Varma Company. Since the workman concerned had been dismissed by the Varma Company, wheh was then his employer they are not necessary parties to the dispute. There was never any dispute between the Coal Company and its workmen, The concerned work- man was m fact dismissed by the Varma Company. The concerned workman wao not dismissed by the Coal Company. The present reference therefore, in respect to the Coal Company is not valid in law. Therefore, according to them the Coal Company has been wrongly made a party to the present dispute. They raised preliminary objection at the beginning of the proceeding and prayed that this point may be decided before the tribunal proceeds to consider the reference on merit.

4. Shri K. C. Mukherjec, Special Officer, New Standard Coal Co. (P) Ltd. also alleged inter alia in their written statement that Satyagopal ChoJdhury was dis- missed from service on 16th July 1964 when Madhavji K. Varma & Sons (P) Ltd. were in absolute contract and charge of the colliery and that he had nothing to do with the dismissal of the workman. The said workman was chargesheeted and dismissed by Madhavji K. Varma & Sons Private Limited.

5. The Varma Company in their written statement alleged inter alia that by virtue of an agreement for lease dated 11th February, 1964, the charge possession and management of the said colliery was given to M/s. Madhavji K. Varma & Sons (P) Ltd. But the lease dated 11th of February, 1964 was declared illegal by the Calcutta High Court by order dated the 25th August, 1964. Therefore, during the period from llth of February, 1964 till 25th August, 1964 the Verma Company was In illegal possession and management of the said colliery and that during this period also for all the practical and legal purposes the management would be considered to be that of Mr, K- C. Mukherjee, the Special Officer appointed by the High Court and any act committed by M/s. Madhavji K. Varma & Sons (P) Ltd., would be considered as an act of commission by the Special Officer.

6. The Varma Company had to work as joint Managers under the Special Officer in terms of the said order dated 25th August, 1964 but on 13th February 1968 by order of the Calcutta High Court, the management of Lodna Colliery was entrusted to Sri Pradip Basu one of the Directors of the New Standard Coal Co. (P) Ltd. Accordingly they prayed that they should not be directed to parti- cipate in the present proceeding because any award if given in favour of the work- man for reinstatement, the Varma Company shall not be able to implement the same since they are completely out of the management, administration and control of the Lodna Colliery and therefore, they prayed that the Varma Company be expunged form the terms of this reference.

7. In this connection I may also refer to the stand taken by the Union before the conciliation officer. According to the Union M/s. Varma Company had no locusBtandi to take any disciplinary action inasmuch as they were not employers. But M/s. New Standard Coal Company (P) Ltd. was the employer and the dis- ciplinary action, if any would have been taken only by Sri K. C. Mukherjee who was the Special Officer, appointed by the Hon'ble Calcutta High Court.

8. In view of the stand taken by the parties in their written statements I will first take up the preliminary point raised by the aforesaid parties regarding their being impleaded as parties to the proceeding.

9. Before entering into legal discussion it is better to state in brief the admit- ted facts regarding ownership, management and possession of the Lodna Colliery of New Standard Coal Company (P) Ltd.

10. M/s. New Standard Coal Co. fP) Ltd. is the owner of New Standard Lodna Co'liery. Some of the share-holders of the aforesaid company filed application before the Hon'ble High Court at Calcutta under section 397, 398 and 402 of the Company's Act, 1956, complaining about the mismanagement and misappropriation of the Company's property and prayed to take suitable steps for safeguarding the same. In an order passed on 3rd of August 1963 the Calcutta High Court appoint- ed Sri K. C. Mukherjee, Bar-at-law as the Special Officer to look into the affaire of the said company. Sri K. C. Mukherjee, Special Officer was permitted by the Calcutta High Court to accept the offer of the Varma Company and consequently by an order made on the 7th of February, 1964 leave was given to Sri K. C. Mukherjee, Special Officer, to enter into an agreement for lease of the Colliery to

Varma Company. On the 5th of May an app ication was made by a former direc- tor oL +he conn.iny ?or setting aside the order made on 7th February 3964. By an order dated 25th August 1964 the lease dated 11th of February 1964 was declared illegal because it had contiavened certain provisions of the Mineral Concession Rules, according to which the legal transfer would be that when the transferor seeks proper permission from the nppropiintc State Government and gets appro- val from the Central Government under provisions of Rule 37 of the Mineral Con- cession Rules and then enters into an agreement with a transferee and hands over possession to them. By an order dated 25th August 1964, the Calcutta High Court directed M/s. Madhavji K. Varma & Sons (P) Ltd. to hand over possession to Sri K. C. Mukherjee, Special Officer and by the same order four Directors of Madhavji K, Varma & Sons (P) Ltd. were appointed managers to exploit the mines. Therefore, since 25th August 3964, the coFiery was placed under the joint management of the Special Officer and Madhavji K. Varma. Since 25th August 1964 the Special Officer took over the possession of the colliery and entered into joint management with Madhavji K Varma & Sons (P) Ltd.

11. Ky¹ another order dated 13th February, 1968 Sri K C. Mukherjee, the Special Officer was directed by the Calcutta High Court to hand over possession of the colliery to Sri Pradip Basu one of the agents for working the mines and in persuance of that direction Sri K. C, Mukherjee Special Officer handed over the possession of the colliery to Sri B. Basu on 13th February 1968. There- fore, since 13th February 1968 the sole management of Lodna colliery was en- trusted to Sri P. Basu one of the Directors of the New Standard Coal Co. and Madhavji K. Varma has been divested of all power and responsibility of manage- ment of the co'liery.

12. In this connection it is to be noted that throughout these proceedings beginning from the year 1963 upto the present time, the New Standard Coal Company (P) Ltd. has all along remained sole owner of the Lodna Colliery.

13. The implied power of the tribunal to summon additional parties is confined only to cases where such addition appears to be necessary for making a reference complete and an award effective and enforceable.

High Court dated 25th of August 1964 and they remained in possession as Joint Managers till 13th February 1968. By an another order of the Calcutta High Court, the management of Lodna Colliery was entrusted to Sri Pradip Basu, Director of the New Standard Coal Company Ltd. Applying the aforesaid princi- ples of law to the facts of the instant case I find that the addition of Varma Company and the Special Officer Sri K. C, Mukheriee is neces.-ary to make the award effective and enforceable.

17, In this view of the case I hold that in addition to New Standard Coal Co. (P) Ltd. M/s. Madhavji K. Varma fit Sons (Pj Ltd. and the Special Officer Sri K. C. Mufcherjee should also be joined as> necessary parties in the present refe- rence 021 the side of the? employers nnd they may file additional written state- ment, if they so desire.

18. This is my interim award. It may bo submitted to the Central Government under section 15 of tho Industrial D'hpulrs Act, I94fi

(Sd.) SACHIIJANAND SINHA,

Presiding Officer. [No. 2/I17/66-LR.IL]

S.O. 3353.'—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Qovernment hereby publishes the following award of the Central Government Industrial Tribunal (No. 3), Dhanbaa, in the industrial dispute between the employers In relation to the Footkce Colliery (Post Office Kusunda, District Dhanbad) of Messrs Bhowra Kankanee Collieries, Limited, Thapar House, 25, Brabourne Road. Calcutta-! and their workmen, which wns received by the Central Government on the 1st August, 1969.

THE CENTRAL GOVERNMENT INDUSTRIAL 'IRIBUNAL (NO. 3) AT DHANBAD.

iREFERKNcr N o. 92 OF 106R.

PKESENI :

Sri Sachidanand Sinha, M.A.M.L., Presiding Officer.

PARTIES .

Employers in relation to the Pootkec Colliery.

Vs.

Their workmen.

APPEARANCES:

For einnloyers—Shri K. C. Nandkeolyar, Dy. C.P.O.

For u t i —Shri P. Burman, Vice President, Mine Mazdoor Union

INDUSTRY: Coal.

STATK: Bihar.

Dhanbad, daied the 2.ird of July, 196').

AWAHD

1. The Central Government, being of opinion In it an industrial dispute exists between the employers in relation to the Pootkee Colliery, Post Offlce-Kusunda, District Dhanbad of Messrs? Bhowra Kankanee Collieries Limited, Thapar House, 25, Brabourne Road, Cdlcutta-1 and their workmen, by LU order No. 2/2B/67-LRII dated the 4th of March, 1967 referred to the Central Government Industrial Tribunal, Dhanbad under section 10(l)(d) of the Industrial Disputes Act, 1947 for adjudica- tion the dispute in respect of the matters specified in the Schedule annexed thereto The Schedule is extracted blow: —

SCHEDULE

"1. Whether the management of Pootkee colliery (Post Office Kusunda. District Dhanbad) of Messrs Bhowrn Kankanee Collieries Limited, Thapar House, 25, BrabQurne Road, Calcutta-1 was justified in dismissing from service Shri Deo Singh, Miner, with effect from the 1st September, 1966? If not, to what relief is the workman, entitled?

2. Whether the manaffement of Pootkee colliery (Post Office Kusunda. District Dhanbad) of Messrs Bhowra Kankanee collieries Limited, Thapar House 25, Brabourne Road, Calcutta-1, was justified in

terminating the services of Shn Surjoo Kumhar, Timber Mistry with efleet from the 8th June, 1966? If rot, to what rcliei is the workman entitled?"

2. The Central Government Industrial Tubunal, Dhanbad registered the reference as reference No. 25 of 19(57 on its file. While it waa pending there, the Central Government by its order No. 8/25/()7-LRII dated the 8th of May, 1967 transferred the dispute to'the Central Government Industrial Tribunal, No. 2, Dhanbad where it was legistered as reference No. 222 of 1967. Tne Central Government, by its .subsequent order No. 8/71/68-LRII dated the 13th ol August, 1068 referred the dispute to thjt. Tribunal and hero it was registered as reference No. 92 of 1968.

IS. The Mine Massdoor Union, Sijua llled written statement on 20th May, 1967.

In respect to the concerned workman Sri Deo Singh, Miner mentioned in item No, I of the schedule of reference, their case is Lh.-'t on the relevant day, i.e. on 24th August 1066 the concerned workman Sri Deo Singh, while proceeding t0 work found that the cap-lamp issued to him was not in proper order and therefore, he tried to adjust the contact of ilic bull" in the attendance room. The attendance clerk wrongly accused him of trying to steel the bulb and took him to the office Of the colliery Labour Officer and there he was forced to give thumb impression on a blank piece of paper which he did out of fear and subsequently hc was given a chargesheet, alleging Tampering with lamp, which he denied and satisfactorily explained tr.e Lucumstances alleged against him- But the management dismissed him without holding any enquiry m rlear infringement of the principles of natural .justice. It was Jurihei contended by him that even iC it be assumed, without admitting, thai the workman was fuilty of Lhe act alleged, the punishment of dismissal war-, e^oe'sslve in the s,ivon rircunr-lances of the case, and in contravention of the provision of the Standing Orders in this regard. According to the Union the concerned workman was one oi the old and permanent employee of the colliery and that th<_ management had been following a policy of replacing old workers "by new cc.-.Hal/temporary workers at lower wages, on all soil's of preiexts and the concerned workman Sri Deo Singh was wrongly dismissed i'l pursuance of that policy. Affording to the Union the action of the management wss illegal, viala fide and unjustilied

4. In respect to the concerned workman SUIJOO Kumliar, Timber Mistry mentioned IK item No. 2 of the schedule of reference their <_ase is that the concerned workman Sri Sarjoo Kumhnr went home on authorised leave, where he fell 111 and was thus unable 'to return J'I time to resume duty. After recovery he reported to the colliery foi resumption of work along with a medical certificate. But he was given a charge sheet alleging lorii; unauthorised absence to which he gave a reasonable and satisfactory explanation. But the management dismissed him without holding any propei enquiry and without any justification. According to the Union the act of dismissal was in vlo^tion of the principles of natural justice, and the provisions of the Standing Orders. According to the Union the concerned workman Sri Surjoo Kumhar was also a very old employee of the colliery and that the management following a policy of replacing old workers by new casual workers at lower wages on all sort^ of pretexts, and Surjoo Kumhar was dismissed in pursuance of that policy. The case of the union is that the action of the management was illegal, mala fide and unjustified. The Union therefore, prayed tor the reinstatement of both the concerned workmen Sri Deo Singh. Miner and Sri Surjoo Kumhar, Timber Mistry with full back wages.

5. The employers filed their written statement on Kith June, 1969. Their case Is" that Sri Deo Singh, miner was issued a charge-sheet on 24th August, 196G for the misconduct stated therein and was suspended pending enquiry. But the concerned workman in his explanation to the charge-sheet denied the charge but on the same date, when his statement wris recorded, he categorically admitted trie charge. The charge, therefore, stood established on his own admission and he was therefore, dismissed from service by the Agent and he was {railed letter of dismissal dated 1st September, 1966 by the manager.

0. Their case In regard to Sri Surjoo Kumhar Timber Mistry Is that he had gone on leave with pay from 21st March, 1966 to Gth April, 1966. tie overstayed his leave and absented for more than 25 days without permission. He was there- fore, issued charge-sheet on 6th May, 1966. The workman in his reply while admitting the charge, stated that he had sent a person to inform the manage- ment about hia sickness as he had fallen sick. On arrival he gave a medical admitting the charge, stated that he had sent person to inform the manajfe- enquiry was held and during the enquiry the workman concerned, while stating that he was sick under treatment of a doctor, further stated that he admitted

his guilt and beg to be excused. The enquirying officer in his report held the charge of absence for more tnan 25 days as estaolished against him. Therefore, he was dismissed by the Agent lor the proved misconduct. The letter terminating bis services with effect from 8th June, 1966 was issued to him. According to the management he was dismissed tor proved misconduct and in accordance with the provisions of the Standing Orders. According to the management their action in dismissing both the concerned workmen was oonaflde and the concerned two work- men were dismissed for proved misconduct..

7. I shall first take up the case of the concerned workman Sri Deo Singh, Miner mentioned in item JNo. 1 of the schedule of tne reference. On 24th August, 1988 a charge-sheet was issued to the concerned workman Sri Deo Singh on the allega- tion tnat on 24th August, 1966 (second shift.) he had taken bulb from another lamp and was putting the same in his own lamp and therefore, was charged with tampering with the lamp which was a violation of the Mining Regulation (Ext. M-l). On 25th August, 1966 the concerned workman Sri Deo Singh in hit. reply to the charge-sheet denied the allegation mentioned in the charge-sheet date4 24th August, 1966 and claimed that he was innocent and may be permitted to join his duty. The enquiry was conducted by Sri H. R. Singh Sodhi, MW-1, the Administrative Officer of the colliery. The enquiry itself was held on 25th August, 1966. MW-1 Sri H. R. Singh Sodhi has stated in his evidence before me that he received the charge-sheet (Ext. M-l) from the manager on 25th August, 1968 and tin that very date i.e. on 25th August, 1966 Sri Sant Singh, Peon was sent to call the concerned workman, Sri Deo Singh, miner to participate in the enquiry. According to WW-1 Sri Deo Singh the concerned workman appeared before him and gave his statement (vide Ext. M-2), In his statement he stated that on 24th August, 1966 in Lhe second shift he had taken out the bulb from the lamp No. 1032 and fixed the same In his lamp No. 957 and that he fixed the bulb of lamp No. 957 in the lamp of 1032. The management had not any witness during the enquiry to prove the charge. The Enquirying Officer In his report dated 26th August, 1966 held that the concerned workman admitted his guilt of taking out the bulb from another lamp No. 1032 and had put the same in his lamp No. 957. Therefore, the charge of tampering with the lamp was proved beyond any doubt (vide Ext, M-3). The manager by his letter dated 1st September, 1966 intimated the concerned workman Sri Deo Singh that the charge of misconduct under the Standing Order had been established in the enquiry and therefore, he was dismissed from service of the colliery with immediate effect i.e. from 1st September, 1966.

8. The principle that should govern the procedure to be followed by employer while taking disciplinary action against the workmen have been laid down by the Courts in several decisions.

9. A worker who has committed an act of misconduct and against whom his employer wants to take a disciplinary action, must, be served with the charge- sheet, setting forth clearly and precisely the particulars of the act of misconduct committed by him. The charge-sheet must also allow a reasonable period of time to the worker to submit his explanation. The worker must be given a proper opportunity to explain the circumstances alleged against him and to call for his own evidence if any in defence. The employer, in awarding punishment to the worker, must take into consideration the gravity of the misconduct com- mitted by him, his past record of service and other extenuating or aggravating circumstances, if any.

10. Gajendragadkar J. in Associated Cement Companies case [1963(2)L.L.J., page 396], said "It is necessary to emphasise that in domestic enquiries, the employer should take steps first to lead evidence against the workman charged, give an opportunity to the workman to cross-examine the said evidence and then should the workman be asked whether he wants to give any exp'anatlon about the evidence led against him. It seems to us that it is not fair in domestic enquiries against industrial employees that at the very commencement of the enquiry, the employee should be closely cross-examined even before any other evidence is Jed against him. In dealing with domestic enquiries held in such industrial matters, we cannot overlook the fact that in a large majority of cases employees are likely to be ienorant and so, It is necessary not to expose them to the risk of cross-examination in the manner adopted In the enquiry proceed-

11. "It may be that failure to intimate to the workman concerned about the #ate of the enquiry may, by itself, not constitute an infirmity in the enquiry, but, on the other hand it is necessary to bear in mind that It would be fair if the workman is told as to when the enquiry is going to be held so that he has an opportunity to prepare himself to make his defence at the said enquiry and to collect such evidence as he may wish to lead m support of his defence. On the whole, it would not be right that the workman should be called on any day without previous intimation and the enquiry should begin straightaway. Such a course should ordinarily be avoided in holding domestic enquiries in industrial matters."

12. In the instant case we find that ihe charge-sheet was served on the con- cerned workman on 24th August, 1966. The concerned workman gave his reply to the charge-sheet on 25th August, 1966. The Management did not Inform the concerned workman about the date of the enquiry. According to the management the concerned workman was called on 25th August, 1966 without previous intima- tion and started the enquiry straightaway on 25th August, 1966. In this parti- cular case the management did not examine any of their witnesses. At the very commencement of the enquiry the statement of the concerned workman was recorded. Ext. M.2 is said to be the statement of the concerned workman. The concerned workmen Sri Deo Singh is illiterate. The perusal of the statement In Ext. M.2 will show that the statement is not in his language. There is no certi- ficate given at the foot of the statement that the contents were read over and ex- plained to the concerned workman. Even the enquirying officer MW-1 does not say on oath that the statement was recorded In his own pen. This admission of the concerned workman Sri Deo Singh suffers from various infirmities and it would not be safe to act upon the same.

13. The charge was for replacing bulb from cap lamp No. 1032 to cap lamp No. 957 which was a contravention of Regulation 156(6) of the Coal Mines Regu- lations 1956 which runs as follows:—

"No person shall wilfully damage or improperly use, or unlock or open or attempt to unlock or open any safety lamp."

For contravention of this technical violation of rule Iii6(6) the concerned work- man has been awarded with punishment of dismissal. In this connection the Supreme Court In Hind Construction and Engineering Go's case [1965(11 L.L.J., page 462] observed as follows:

"In rospect of punishment, it has been held f'l various cases, that tho award of punishment for misconduct under the 'standing orders, if any, is a matter for the management to decH" aid if thpre Is any justification for the punishment imposed, the Tribunal should not interfere The Tribunal is not required to consider the nropriety of adequacy of the punishment; whpther \t Is excessive or too severe. But where the punishment; is shockingly disproportionate regard being had to the particular conduct and the past record or is such, as no reason- able employer would ever impose In Hke circumstances, the Tribunal may treat the Imposition of such punishment as rhowing victimisation or unfair Labour practice.".

14. In the instant case, it can plainly be said that tbp punishment Imposed was one which no reasonable employer would have imposed in like circumstances unless it served some other purpose.

15 In this view of the case I hold that the report made by the enquirying officer against the concerned workman Sri Deo Singh, Miner can not be accepted as report made after holding a proper enquiry in accordance with the principles of natural justice.

16. In this view of the case I hold that the dismissal of the concerned work- man Sri Deo Singh, Miner with effect from the 1st of Sentember. 1966 was not justified. He Is therefore, entitled to be reinstated with full back wanes from the date of dismissal I.e. from the 1st September, 1966 unto the date of his reinstate- ment with continuity of service.

17. I will now take up the case of Surioo Kumhar. Timber Mistry, workman mentioned in item No. 2 of the Schedu¹? of reference. The point for determina- tion Is whether the management was justified in terminatin? the services of Sri Surjoo Kumhar with effect from 8th of June, 1966.

18. A charge-sheet dated 6th June, 1966 was Issued to the concerned workman Sri Sarjoo Kumhar on the allegation that he went on leave with pay f-om 2ISt March 1966 to 6th April, 1066 and he ought to have resumed his duty on expiry of his leave i.e- on 7th April, 1966 but he overstayed more than 25 days without giving any Intimation whatsoever to the management and that his absence from duty without permission amounted to misconduct under the Standing Order which makes him liable for disciplinary action (vide Ext. M-5). Ext. M-6 is the reply to the charge-sheei in which the concerned workman Surjoo Kumhar stated that he went on leave after taking permission of the management. But in his village home he fell ill and sent a man to the management with this information but the aforesaid man did not give the requisite information to the management, lie lurther stated that on account of his illness he was unable to send any infor- mation to the management.

19. The reply to the charge-sheet was not considered satisfactory and there- fore, the management served a notice on the concerned workman intimating that an inquiry shall be held in connection with the charge-sheet in the office of the enquirylng Officer on 11th May, 1966 at 4-30 P.M. (Vide Ext. M-7).

20. MW-1 Sri H. R. Singh Sodhi who conducted the domestic enquiry stated before me that the concerned workman Sri Surjoo Kumhar gave his ttatement on 10th May, 1966 and that he was also examined by him on 11th May, I960. Ext. M-8 contains the statement oi Sri Sarjoo Kumhar, the concerned workman as well as his cross-examination by the enquirying officer on 10th May, 1966. In the enquiry report Ext. M-9 tho Enquirying Officer has stated that on going through the statement and the answers to the questions it was proved beyond any doubt that the concerned workman Sri Sarjoo Kumhar absented himself from duty without permission from the management and therefore, the management was at liberty to take any action that it may deem fit. In the evidence before me he stated that he conducted the enquiry on 11th May, 1966. But there is no paper showing that at a matter of fact he conducted the enquiry on l'th May, 1966. In the enquiry report he does not refer to any other evidence except the statement of the concerned worlonan Sri Sarjoo Kumhar taken on 10th May, 1906. Therefore, from the evidence it is quite clear that as a matter of fact no enquiry was'held on 11th May, 1966.

21. It appears that the management relied on the statement of Sri Sarjoo Kumhar received on 10th May, 19(50. The Management considered the statement of the concerned workman Sarjoo Kumar given on 10th May, 1966 as admission of guilt. The Enquirying Officer based his finding on the aforesaid statement of the concerned workman and held no enquiry on 11th May, 1966 as mentioned In the notice of enquiry Ext, M-7.

22. Ext. M-8 is said to be the statement of the concerned workman Sri Sarjoo Kumhar. The sentence "I admit my fault and beg to be excused. I had reported for duty on 3rd May, 1966", appears to be written subsequently in different ink and pen It appears to be an interpolation. The enquiry report (Ext. M-9) is silent about this categorical admission of the concerned workman Sri Sarjoo Kumhar. It appears that the concerned workman was even cross-examined by the •Enquirying Officer. There was no occasion to cross-examine the concerned work- man if he had admitted the guilt. It is therefore, not safe to rely on the state- ment Riven in Ext. M-8.

23. Therefore, I find that in this < ase no enquiry was held by the management on llth May, 1968 as given in the notice Ext. M-7. The management without hold- ing any proper enquiry terminated the services of the concerned workman with effect from 8th June, 1906. The Enquiry therefore violated the principles of natural justice and therefore, the enquiry report and the order terminating his services cannot be upheld. The concerned workman Sri Sarjoo Kumhar is there- fore, entitled to be reinstated with full back watfes from the date of dismissal i.e. from the 8th of June, 1966 upto the date of his reinstatement with continuity of service.

This is my award. It may be submitted to the Central Government under section 15 of the Industrial Disputes Act. 1947.

(Sd.) SACHTPANAND SINHA, Presiding Officer.

[No. 2/28/67/LRII.]

ORDERS

New Delhi, Lhe llth August 1969

S.O. 3353,—Whereas the employers in relation to the management of Messrs Ghuslck and Muslia Collieries Limited, Post Office Knlipahari, District Burdwan and their wrokmeu represented by ColJiery Mazdoor Sabha (AITUC), have jointly applied to the Central Government under sub-section (2) of section 10 of the Industrial Dispute.;; Aft, 1947 (14 of 1047), Cur reference of an industrial dispute that exisLs between them to an Industrial Tribunal in respect of tho matters set tvrth in the wid application and reproduced in the Schedule hereto annexed;

And whereas the Central Government is satisfied that the persons applying represent the majority of each party;

Now, tberefoie, in exercise ol the powers conferred by sub-section (2) oi section 10 of the Industrial Disputes Act, 1947 (14 of 1047), tho Central Government hereby refers the said dispute for adjudication to the Industrial Tribunal, Calcutta, constituted under section 7A of the said Act.

SCHEDULE

Whether Shri Krishna Kinkar iVIukherjce, confidential Clerk employed at the Central Office. Owned by Messrs Ghusiek and Muslia Collieries, Limited, is entitled to the null salary Recording to his category with effect from the 14th July, 1965? If not, what should be the appro- prialo rate of pay/scale of pay for him and from what date¹'

[No. 6/74/08-LR1I.J

S.O. 3354.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the Singareni Collieries Company Limited, Post Office Kothagudium Collieries (Andhra Pradesh) and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now. theretore, in exeiclse of the powers conlerred by section 7A ani clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of \ 1947), the Centra] Government hereby constitutes an Industrial Tribunal with Shri Mohamrand Najrnuddin, as Presiding Officer with headquarters at Afzai Lodge, lilak Road, Ramkote, Hyderabad-1, and refers the ^nid dispute ior ad- judication to the said Industrial Tribunal.

SCHEDULE

"Having in view of the definitions of 'Basic Wages' as per paragraphs 2(,a) and 6 of Andhra Pradesh Coal Mines Bonus Scheme, 1952 L'nd having in view of the recommendations of the Central Wage Board for Coal Mining Industry at Chapter—XIII, whether the management oi Singareni Collieries Company Limited, Kothagudium arc justified in excluding wa#es for the sick leave of the employees for purpose of calculating quarterly bonus? If not, to what relief are the workmen entitled?"

LNo. 7/29/68-LRIL]

S.O. 3355.—Whereas the Central Government is of opinion that an indus- trial dispute exists between the employers in relation to the management of Ballh^ri Colliery of Messrs Balihari Colliery Company (Private) Limited, Post Office Kusunda, District Dhanbad and their workmen in respect of the matters specified in tho 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 Centra] Government hereby refers the said dispute for adjudication to the Central Government Industrial Tribunal. (No. 3), Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

"Whether the action of the inanagement of Balihari CoUiery of Mwsrs

Balihari Colliery Company (Private) Limited, Post Office Kusunda, District Dhanbad in refusing employment to the following 17 tram- mers from the dates shown against their names is justified? If not to what relief are the workman concerned entitled?

N a me

Date of stoppage SI. No.

of work

S h ri K a ru B h u i ya

,, D a r o gi B h uU . . . . .. „ F o u di B h u ia . ..

. . ..

H u t l al M a h a to . . . . ..

15-6-19S8 Do. Do. Do.

1-6-1968

Do. Do.

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

10.

n.

. . ..

,, M a h a b ir B h u ia „ B e n g a li B h u ia . ,, R a m r up B h u i va . . . . . . .. ,, B h o la B h u i ya . . . . . . .. „ R a m e s w ar B h u i ya . . . . . . .. „ M a ni B h u i ya . . . . . . .. „ B i d e s hi B h u ia „ R u p l al B h u i ya ,, K i s h un B h u i ya . . . . . .. „ C h a n du R a j w ar . „ R " m s a r up P a a w an . .. „ M u n g e s w ar R am . . . . . . .. „ B a l d eo B h u i ya

12. 13- 14- 15- 16. 17.

8-15-1968 22-6-1968 29-6-1968 Do. 27-4-1968 18-5-1968 Do. 25-5-1969 20-7-1968 i3-7-i9<58

[No. 2/118/69-LRII.J

S.O. 3^5G.—Whereas the Central Government is of opinion that an indus- trial dispute exists between the employers in relation to the management of Khas Bhurangiya Colliery, Post Office Mahuda, District Dhanbad and their work- men 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, (No. 3), Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

''Whether the management of Khas Bhurangiya Colliery, Post Office Mahuda, District Dhanbad was justified In refusing employment to the follow- ing 26 workmen with effect from the 18th July, 1968? If not, to what relief are the workmen entitled?

D e s i g n a t i on

Name of workmen

SI. No.

  1.     J a g d i sh  S i n gh                                                                                                          T r o l l y m an
  2.      G o pe   S i n gh
  3.     I n d er   S i n gh              .        .        .         .        .         .        .        .         ..
  4.      C h h o tu    S i n gh
  5-     S h y a n m i n d er     S i n gh                    .        .        .         .        .        .        ..
  6.     K a li   S i n gh
  7.     S a r a i ya  G o pe                       .        .        .         .        .        .         .        ..
  8.     P r a y ag   M a h a to           .                            .        .        .        .        .        ..
  9.     S u k ar   R oy                 .         .        .         .        .        .         .        .         ..
10.      T h i n g an   B o w ri                    .         .        .        .        .         .        .        ..
i r.     M o h ar     B o w ri                      .        .        .         .        .        .        .         ..
12.      P a w an    B o w ri                       .        .        .         .        .        .         .        ..
13.      B h a d u ri   M a h a to                  .        .        .         .        .        .         .        ..
14.      C h h o t u l al  S i n gh                                                                                                   E n g i ne    K h a l a si
15-      B a b u m u ni     S i n gh               .         .        .        .         .        .        .         ..                         is

Name

SI. No.

Designation

. Pump Khalasi

>3

'3

Jj

JJ 16. 17. 18. 19. 20.

2 1.

. Fireman

is

, Boiling Mazdoor 2 2. 2 3. 24. 25. 26.

Alodhya Lala . . . . .. KiPto Hovn . . . . . .. Jagdish Mahato . . . . .. Barhan Turi , . . . .. Jethu Mahato . . . .. Shibal Mahato . . . . .. Habib Mia Bhagirath Singh . . . . .. Lakhan Ray Alijan Mia Shamsuddin Mia . . . ..

. Line Mistry . Line Mazdoor.

[No. 2/89/69-LRIL]

S.O. 3357.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the management of Ghugus Colliery, Post Office Manikpur, District Chandrapur and their workmen in respect of the matteis specified in the Schedule hereto annexed;

And whereas the Central Government considers it desirable to refer the said

dispute for adjudication;

Now, therefore, in exercise of the powers conferred by section 7A of the clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby constitutes an Industrial Tribunal with Shrl G. V. Dev, as Presiding Officer with headquarters at Nagpur and refers the said dispute for adjudication to the said Industrial Tribunal.

SCHEDULE

Whether the action of the management of Ghugus Colliery, Post Office Manikpur, District Chandrapur in dismissing Shri Fandhurang Sita- lam. Underground Trammer with effect from the 24th April, 1969, is justified? If not, to what relief is the workman entitled?

[No. 3/5/69-LRII.J

S.O. 3358.—Whereas the Central Government is of opinion that an industrial dispute exittp between the employers in relation to the management cf Ena Colliery of Metsrs North West Coal Company Limited, Post Ofllce, Dhansar, Dhanbad, and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, in exorcise 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 Gov- ernment Industrial Tribunal (No. 3), Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

•'Whether the action of the management of Ena Colliery of Messrs North West Coal Company Limited, Post Office Dhansar, Dhanbad, in sus- pending the workman Shri Ramnath Gope, Surface Trammer, with effect from the 7th September, 1968 to 18th September, 1968, is justi- fied? If not, to what relief the workman is entitled to?"

[No. 2/249/68-LRIL]

S.O. 3359.—Whereas the Centra] Government is of opinion that an industrial dispute exists between the employers in relation to the management of Kharkhare" Colliery of Messrs Bharat Mining Corporation Limited, Post Office Kharkharee District Dhanbad and their workmen i 1 respect of the matters specified in the Schndula hereto annexed;

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

Now therefore, in exercise ol the powers conferred by clause (d) uf 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 Gov- ernment Industrial Tribunal (No. 3), Dhanbad, constituted under section 7A of trie said Act.

SCHEJUIJ;

Whether the action of the management oi Kharkharee Colliery of Messrs Bharat Mining Corporation Limited, Pqbt Office Kharkharee, Dis- trict Dhanbad in rendering Shri Rumjan Mian, Prop. Mistry idle with effect from the 6th November, 1908 is justillcd? If not, to what relief is the workman concerned entitled?

| No. 2/106/f^-LKU.]

S.O. 3360.—Whereas the Central Government is' ol opinion that an indus- trial dispute exists between the employers' in relation to the management o± Kharkharee Colliery of Messrs Bharat Mining Corporation Limited, t o sl Office Kharkharee, District Dhanbad and their workmen in respect of the matters sj ecified in the Schedule hereto annexed;

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

Now, therefore, in exercise oX the powers conferred by clause (d) of sub section (1) of section 10 of the Industrial Dfsoutes Art, 1047 (14 of 1947), the Central Government hereby refres the said dispute for adjudication to the Centra] Government Industrial Tribunal (No. 3), Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

Whether the action of the management of Kharkbarce Colliery of Messrs Bharat Mining Corporation Limited Post Office Kharharee. District Dhanbad in refusing employment to the following workmen wl'n ellect from the 37th June, 1968 is uglified? II 'tot, to what rede: these workmen are entitled?

Name of the workmen Deiis?tintion Serial No.

i.

2.

Shri Kuldip Dusad Shri Wnris Mian . Shri Ramdco Dusar'

Pickminer Do. Do. 3-

LNo. 2/114/0') LRI1.1

S.O. 3361.—Whereas the Central Government is of opinion that an industrial dis- pute exists between the employers in relation to the Religara Colliery, Post Office Religara, District Hazaribagh and their workmen in respect of the matters speci- fied in the Schedule hereto annexed;

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

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

SCHEDULE

"1. To what relief, if any, 64 workmen (in different categories) who were appointed at Religara Colliery, Post Oflice Religara during the period of Managing Contractorshlp QI Messrs East Religara Coal Company (Private) Limited and not removed before 1st July, 1968 on determi- nation of Managing Contractorship and retained/working with Messrs

Bird and Company (Private) Limited, Karanpura Mining Syndicate, Post Office Sirka, with effect from 1st July, 1966 are entitled to?

2. In particular, and without prejudice to the above, are they entitled to continuity of service from Messrs Karanpura Mining Syndicate or to terminal benefits/retrenchment compensation and notice pay from Messrs East ReJigara Coal Company (Private) Limited?"

[No, 2/122/69-LRILJ

S.O. 3362.—Whereas the Central Government is ol opinion that an industrial dispute exists between the employers in relation to the management of Kapasara Colliery of Messrs Kapasara Coal Company, Post Office Mugma, District Dhanbad and their workmen in respect of the matters specified in the Schedule hereto annexed;

And whereu= the Central Government considers it dcsiruble to refer the said dispute ior adjudication,

Now, therefore, in exercise of the powers conferred "by clause (d) of sub-section U) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute ior adjudication to the Central Govern- ment Industrial Tribunal (No. 3), Dhanbad, constituted under section 7A of the said Act.

SCHEDULE

Whether the management of Kapasara Colliery of Messrs Kapasara Coal Company, Post Oiflce Mugma, District Dhanbad, was justified in transferring Shri Pasupatl Tewari, Chaprasi, to the Head Office et Jhana vidp Manager's letter dated the 24th April, 1067V If not, to what relief is the workman entitled?

[No. 2/256/68-LRII.]

Naw Delhi, the 14th August 1969

S.O. 33fi3.—Whereas the Central Government is of opinion that an Industrial dispute exists between the employers in relation to the management of Goenka Kajora Colliery, Post Office Ukhra, District Burdwan and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, m exercise of the powers conferred by clause (d) of sub- seitlon (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 Certral Government Industrial Tribunal, Calcutta constituted under section 7A of the said Act.

SCHEDULE

"Whether the management of Goenka Kajora Colliery, Post Office Ukhra, District Burdwan, was justified in stopping Shri Durga Singh. Chap- rasi from work, with effect from 9th August, 1968, and if not, to what relief the workman Is entitled?"

[No. 6/40/89-LRIT.]

S.O. 3364.—Whereas the Central Government it, of opinion that an industrial dispute exists between the employers in relation to the management of 1/12 end 2/12 inclines of Kendwadih Colliery of Messrs G, S. Atwal and Company (Asansol), Raising and Selling Agents at Kendwadih Colliery of Messrs East Indian Coal Company Limited, Post Office Kusunda, District Dhanbad and thair workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1047 (14 of 1947), the Central Government hereby refers the s a ii dispute for adjudication to the Central Govern- ment Industrial Tribunal, (No. 3) Dhanbad constituted under section 7A of the said Act.

SCHEDULE

"Whether the action of the management of 1/12 and 2/12 inclines of Kend- wadlh Colliery, Post Office Kusunda, District Dhanbad of Messrs G. S. Atwall and Company (Asansol), Raising and Selling Agents at Kendwadih Colliery of Messrs East Indian Coal Company Limited in dismissing from services the following workmen vide management's letter dated the 81st January, 1966 was justified? If not, to what relief are the workmen entitled?

S. No,

Name

Designation

1.         Sri  Lallu  Lodh                           M.  C-  Loader
2.         Sri  Kishun  Passi                         P.  Miner
3.         Sri  Hanuman  Passi                         Trammer
4.         Sri  Prahalad  Passi                       Drilhnan
5.         Sri  Parmeshwar  Yadava                     P.  Miner
6.         Sri  Seoprasad  Lodh                        M-  C.  Loader
7          Sri  Janeshar  Mahato                       Trammer
8.         Sri  Maharanldin  Lodh                      R.  Dresser.

[No. 2/140/68-LRIL]

P. C. MISRA, Under Secy.

(Department of Labour and Employment)

New Delhi, the )2th August 1969

S.O, 3366.—In exercise of the powers conferred by Sections 7 and 9 of the Mini- mum Wages Act, 1948 (11 of 1948), the Central Government ' hereby makes the following further amendment in the notification of the Government of India in the Ministry of Labour, Employment and Rehabilitation, • (Department of Labour and Employment) No. S.O. 3580, dated the 26th September, 1968, namely: —

In the said notification, under the heading "II. RepreseTitatlves of Employers", for entry (4), the following entry shall be substituted, namely: —

"(4) Shri C. R¹. Govindarajan, Deputy Secretary, Ministry of Shipping and

Transport (Transport Wing), New Delhi".

[No. 6(15)/68-LWI.I/WE.]

HANS RAJ CHHABRA, Under Secy.

MINISTRY OF PETROLEUM AND CHEMICALS AND MINES AND META1.S

(Department of Petroleum)

New Delhi, the 2nd August 1960

S.O. 3366.—Whereas It appears to the Central Government that it is necessary in the public interest that the transport of Petroleum from the drill sites well No. 16 to GGS-1 Kosamba In the Ankleshwar Oil Field, In Gujarat State, Pipelines should be laid by the Oil and Natural Gas Commission and that lor the purpose of laying such Pipelines, it is necessary to acquire the Right of User in the land described in the Schedule annexed thereto.

2. Now, therefore, in exercise of the powers conferred by Sub-Section (1) o£ the Section 3 of the Petroleum Pipelines (Acquisition of Right of User In land). Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein-

3. Any person interested in the said land may, within 21 days from the date of this notification, object to the laying of the pipelines under the said land to the Competent Authority, at Western Region, Shed No. 27, Makarpura Road. Near Central Workshop, Baroda 4, in the Office of the Gujarat Pipelines (Oil and Natural Gas Commission), Baroda. Every person making such an objection shall also state specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE

Gujarat Dist. SutaL Tal. Mangrol

For laying the pipeline from drill site Mo, 16 Kn a

State

P.Are. Village

Hctare

Are.

S. No.

0

KUVARDA

H

0

0

0

822 821 820 806

23 51 51 78

7 7 5

[No. 20(3)/67-IOC/Lab. & Legis.]

S-O. 3367.—Whereas It appears to the Central Government that It is necessary in the public interest that the transport of Petroleum from the drill sites well No. Ahmedabad-2 to Well Head Installation in the Kalol Oil Field, in Gujarat State, Pipelines should be laid by the Oil and Natural Gas Commission and that for the purpose of laying such Pipelines, it is necessary to acquire the Right of User in the land described in the Schedule annexed thereto.

2. Now, therefore, in exercise of the powers conferred by Sub-Section (i) of the Section 3 of the Petroleum Pipelines (Acquisition of Right of User in land), Act, 1962 (50 of 1952), the Central Government hereby declares its intention to acquire the right if user therein-

3- Any person interested in the said land may, within 21 days from the date of this notification object to the laying of the pipelines under the land to the Competent Authority, at Western Region, Shed No- 27, Makarpura Road, Near Central Workshop, Baroda 4, in the Office of the Gujarat Pipelines (Oil and Natural Gas Commission), Baroda. Every person making such an objection shall also state specifically whether he wishes to be heard In person or by a legal practitioner.

3604 THE GAZETTE OF INDIA: AUGUST 23, 1969/BHADRA 1, 1891 [PART IT—

SCHUDULt

For liyin; t'ls p'fijh t> fn n well .VJ Ameiab^i II To well head Installation

Siai-t : Gujjmt DIJL. Ahm:i.hoad Tal. Ciiy.

Village

S.No

Hectare

Axe

P. Are.

ODHAV

0

2

552/1, 2 aul 3

40

[No. 29(5)/68-IOC/Lab. and Legis,]

New Delhi, the 5th August 1969

S.O. 8368.—Whereas it appears to the Central Government that it is necessary in the publir Interest that the transpozi: of Petroleum from the GGS No. I to CTF m the (Kalol; Oil Field, in Gujarat State, Pipelines should be laid by the Oil & Natural Gas Commission and that for the purpose of laying such Pipelines, It is necessary to acquire the Right of Usrr in the land described in the schedule annexed thereto.

2. Now, therefore, in exercise oi the powers conferred by Sub-Section (1) of the Section ." oi the Petroleum Pipelines (Acquisition of Right of User In land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein

3. Any person interested in the said land may, within 21 days from the date of this notiiicatipi. object to the laying of the pipelines under the land to the Com- petent Authority, at Western Region, Shed No. 27, JVIakarpura Road, near Central Workshop, Boroda. 4, in the Office of the Gujarat Pipelines (Oil & Natural Gas Commission), Baroda. Every person making such an objection shall also state (specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE

Iayinii Collator pitchnc from G. r > 3.T.F.

State : Gujjtac Di-,'. K"n Taluka : Mutar.

Village

Survey No.

Hectare

Are.

P. Are.

0

NAWAGAM

0

0 5 11

0 0

1

61 57 17 15

1621'A/4 154 970/2 987/1

[No. 29/7/68-IOC/Lab.&Legls(a).l

S O 3369 Whereas it appears to the Central Government that it is necessary in the public interest that the transport of Petroleum from the drill sites well No BC 15 to GGS II in the (Kalol) Oil Field, in Gujarat State, Pipelines should toe laid by the OiJ & Natural Gas Commission and that for the purpose of laying such Pipelines, it U necessary to acquire the Right of User in the land described in the schedule annexed thereto.

2 Now, therefore In exercise of the powers conferred by Sub-Section (i) of the Section 3 of the Petroleum Pipelines (Acquisition of Right Of User in land) Act, 1962 (50 Of 1962), the Central Government hereby declares Its Intention to acquire the right of user therein.

3. Any peison Interested in the said land may, within 21 days from the date of this notification object to the laying of the pipelines under the land to the Com-? petenl Authority, at' Western .Region, Shed No. 27, Makarpura Road; Near Centra* Workshop, Baroda 4, in the Orhce of the Gujarat Pipelines (Oil & Natural Gas Commission), Baroda- Every person making such an objection shall also state specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE

Laying pipeline from BG-i$ to G.G.S. II

State : Gjjarat Dist. Kaira Tulufca: Matar-

tillage

Survey No. Hectare

Are. j

P.Are.

KATHAWADA

46 154/i/p

8 0 1

154/2

150

0 0 0

[No. 29/7/68-IOC/Lab.&Legis(b).]

S.O. 3370.—Whereas it appears to the Central Government that it is neceseanc in the public interest that the transport of Petroleum irom the drill sites well No. 19, 20. 21 to GGS II in the (Kalol) Oil Field, in Gujarat State; Pipelines should be laid by the Oil & Natural Gas Commission and that for the purpose of laying such Pipelines, it Is necessary to acquire the Right of User In the land described la the schedule annexed thereto.

2. Now, therefore, in exercise of the powers conferred by Sub-Section (I) of th* •Section :i of the Petroleum Pipelines (Acquisition of Right of User In land) Act, i%2 (SO of 1962;, the Central Government hereby declares its Intention to acquire the right of usei therein.

3. Any person interested In the said land may, within 21 days from the date of ' this notification object to the laying of the pipelines under the land to the Com- petent Authority at Western Region, Shed No. 27, Makarpura Road; Near Central Workshop, Baroda 4, in the Office of the Gujarat Pipelines (Oil & Natural Goa Commission), Baroda Every person making such an objection shall also state specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE

Laying fifmline from 19, ao & 21 to GGA //

Siatc : Gujarat Dist. Katra. Taluka : Matar.

P.AM. Villnge

Survey No. Hectare

Are.

•

KATHAWADA

7

173/3

[No. 29/7/68-IOC/Lab.&Legi9(c).;

S.O. 3371.—Whereas it appears to the Central Government that It is necessoF*.' In the public interest that the transport of Petroleum from the GGS VII to We" No. I "i the (Kqlol) Oil Field, in Gujarat State, Pipelines should be laid by tb#* Oil & Natural Gas Commission and that for the purpose of laying such Pipeline*,. It is npcps?arv to acquire the Right of User In the land iescribed in the schedule- annexed thereto.

2. Now, therefore, in exercise of the powers conferred by Sub-Section (1) oi me Section 3 of the Petroleum Pipelines (Acquisition of Right of User In land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein.

3. Any person interested In the said land may, within 21 days from the date of this notification object to the laying of the pipelines under the land to the Com- petent Authority, at Western Region, Shed No. 27, Makarpura Road; Near Central Workshop, Baioda. 4, in the Office of the Gujarat Pipelines (Oil & Natural Gas Commission), Baroda. Every person making such an objection shall also state specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE

For laying pipeline from O.G.S. VII to well No I

State : Gujarat Dlst. : Gandhinagar Tal. : Gandhinagar

Village

S. No.

Hectare

Are.

P. Are.

SERTHA

9

i

o

0

0 0 0 0

346/2 353/1 354 352/1 B

oo oo 35 5°

[No. 29/5/68-IOC/Lab. Legis. J S.O. 8372.—Whereas by a notification of the Government of India in the Ministry of Petroleum & Chemicals S.O. No. 2378 dated 7th June 1969 under sub-section (1) of Section 3 of the Petroleum Pipelines (Acquisition of Right Of User In land) Act, 1962 (50 of 1962), the Central Government declared its intention to acquire the Right of User in the lands specified in the Schedule appended to that notification (or the purpose of laying pipelines.

And whereas the competent authority has, under sub-section (1) of section g of the said Act, submitted report to the Government;

And whereaa, the Central Government has, after considering the said report, decided to acquire th6 right of user in the lands specified In the Schedule appended to this notification.

Now, whereas, in exercise of the power conferred by sub-section (1) of the Section 6 of the said Act, the Central Government hereby declares that the right of user in the said lands specified in the schedule appended to this notification is hereby acquired for laying the pipelines and in exercise of the powers conferred by subjection (4) of that section, the Central Government directs that the right of user in the said lands shall Instead of vesting in the Central Government vest on this date of the publication of this declaration in the Oil & Natural Gas Commis- sion free from all encumbrances-

SCHEDULE

For laying pipeline from K 63 to QQSV

State : Gujarat Dist. Mehsana Taluka. Knlol.

Village

S.No.

Hectare

Are

P-Are.

II

CHHATRAL

356 355 354

o 0 o o

5 18 21 I

V.P. Cart track

0

3" 4° 72 96 36

_ Village

S. Ho. Hectare

Arc.

P. Arc

* —

80

0 0 0

37 2 0

1

0

0 0

32a 313 3*4 3^5 3H 313 3 12 3 10

0 0 0

0 0

14 26 6 7 3 3 0

1SAND

60 70 00 60 60 92 99 00 48 75 20

1

0

00

0

VADAVSWAMl

0 0

00 70 00 20

0 0 0 0 0

0

0

309 308 674/2 682 683 146 147 151 ISO V.P. Cart track 158 159/2 2 14 2 13 2 22

0

0

0

1 24 15 16 12 1 38 9 23 6 6 4 4

50 50 80 40 94 14 85 85 10

21

0

2 10 2 23 2 24

0

0

0

C8 84

34

0

• 1° 0 0 0 0

0

60 60 20 98 60 60

V.P. Cart Track 2 25 Cert track of S.No. 327 P.K. 3*7 288 289 2 90 298

12 0 5 9 13

[No. 29(5)/68-IOC/Lab. &Legis.] S.O. 3373.—Whereas it appears to the Central Government that it is necessary

In the public interest that the transport of Petroleum from the G.G.S. Wo. 2 to Junction Point Near Turning Point K. 2 in the (Kalol) OH Field, in Gujarat State, Pipelines should be laid by the Oil & Natural Gas Commission and that for the purpose of laying such Pipelines, it is necessary to acquire the Right of User in the land described In the schedule annexed thereto.

2. Now, therefore, in exercise of the powers conferred by Sub-Section (i) of the Section 3 of the Petroleum Pipelines (Acquisition of Right of User In land) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein.

3. Any person interested in the said land may, within 21 days from the date of this notiucatior object to the laying of the pipelines under the land to the Com- petent Authority, at Western Region, Shed No. 27, Makarpura Road, near Central Workshop, Baroda. 4, in the Office of the Gujarat Pipelines (Oil & Natural Gaa Commission), Baroda. Every person making such an objection shall also state specifically whether he wishes to be heard in person or by a legal practitioner.

SCHEDULE Laying Pipeline from Q.Q.S. to II to Junction point near turning POINT K-2.

State : Gujarat Dist. Kaira Taluka.

Village

Survey N o. Hettare

Are.

P.Are.

KATHAWADA

3

0 0

0

5° 72 307/1 261

[No. 29/7/69-IOC/Lab.&Legis.l

S.O. 3374.—Whereas it appears to the Central Government that it is necessqfy the public Interest that for the transport ctf Petroleum from the G.G-S. Ill to Gas Flare Point in the Kalol Oil Field, in-Gujarat State, Pipelines should be laid by the Oil & Natural Gas Commission and that for the purpose Of laying such Pipelines, it is necessary to acquire the Right of User in the land described in the schedule annexed thereto.

2. Now, therefore, in exercise of the powers conferred Dy Sub-Section (i) of the Section 3- of the Petroleum Pipelines (Acquisition of Right of User in lend) Act, 1962 (50 of 1962), the Central Government hereby declares its intention to acquire the right of user therein.

3. Any person interested in the said land may, within 31 days from the date of thl i notification object to the laying of the pipelines under the land to the Com- petent Authority, at Western Region, Shed No. 27, Makarpura Road, near Central Workshop, Buioda. 4, hi the Office of the Gujarat Pipelines (Oil & Natural Gas Commission), Baroda- Every person making such an objection shall also state specifically whether he wishes to be heard in person or Iby a legal practitioner.

SCHXDUU

hayins Pipeline from O.G-S. Ill to Flare point.

S-a'c : Gujarat Dist. M>hsaiu Tal. Kadi

Village

S.No.

HECTARE

Ate.

P.Are.

AMBAVPURA

0 0

6

119 119

a

(No. 20/3/67-IOC/Lab-&Legls.(a).]

ERRATA

New De\hi, the 5th August 1969

S.O. 3375.—In the notification of Government of India In the Ministry of Petro- leum & Chemicals and Mines and Metals No. 20/3/67-IOC/LAB dated 5th June 1969 published under S.O- No 2370 in the Gazette of India Part II, Section 3, Suo- Bection (il) dated 21st June 1969.

1- At pa"o No. 2481 and at village Bertha.

"Read"

"For"

Hectare Are. P. AJ"- 16 3D

fi. No. 421/1 0

S. No. 421/1

418/1

P. Are. 29 00

Hectare Are. 0 6 0 10

418/1

S O. 3376 In the notification of Government of India In the Ministry of Petro- leum & Chemicals & Mines & Metals No. 20/3/&7-TOC/LAB dated 6th June WM published under S.O. No. 2371 in the Gazette Part II Section 3 Sub-section (li) dated ftlst June 1969.

1. At page No. 2483 & of village Gota.

•Fwr"

"Read"

S. No. 420

S. No. 400

[No- 20/3/67-IOC/Lab.&Lejjrt.J

*~S.O. 3377—In the notification of the Government of India in ihe Minisiiy vi Petiolci m & Chemicals & Mines & Metals No. 28/2/68-rIcC/LAB dated 6-6-1969 publirhcd_ urder S.C. No. 2374 in the Gazette Part II Section 3 Sub-Section (ii) dated 21-6-1969.

I. At page No, 2487 & at village Pansar for area of S. N ,. 1626/2,

"Read"

"For"

H.

H.

P. Are

Are. P. Are.

0

Are. 09

0

92

27

27

[No. 28/2/68-La6. & Ugh].

M. V. S. PRASADA RAU, Under Secy.

(Department of Mines and Metals)

New Delhi, iht 13th August 1969

S.O.3378—Whereas by the notification of the Government of India in tte late Ministry of Steel, Mines and Metals (Department of Mines and Metals) S.O. No, 311; dated the 25111 AugUBt 1967 under sub-section (1) of section A of ihe Coal 1-canng Areas (Acquisii icn end Development) Act, 1957 (20 of I957)j the Central Government gave notice of its intention to pm.of eel for coal in the localities specified in the Schedule appended to that notif cation and reproduced in the Schedule appended hereto; j

And whereas in respect of the said land no notice under sub-section (1) of section 7 of the said

Actjhas been given:;

Now, therefore, in exercise of the powers conferred by the said sub-section (1) of section 7 of the said Act, the Central Government hereby specifies a further period of one year commencing ffomthc25th August, 1969 as the period within which the Central Government may givenoticeof its intention to acauire the whole or any part of the said lands or of any rights in or over such lands.

SCHEDULE

Taping Block (West Bokaro Coal Field)

Drg. No. Rev. /i14/63 dated the 28th Septem- ber, 1963 (Showing the area notified for pros- pecting)

Village

Thana

District

Thana No.

Area Remarks SI. No.

H

. Mandu

Part

. • 33

. * JJ

57 61 62 63 1 12

JJ

3)

113 114 115 116

Gobindpur j . Indra Phusri . Bahera . Pindra . Taping Mandu Keke Basaudi Pundi .

Hazaribagh D o. D o. Do. D o. Do. D o. D o. Do.

2 3 4 5 6 7 8 9

Total area: 3354-00 acres (approximately) OR 1358-37 hectares Do.

Boundary Description:

A—B          Line passes through  villages  Pahera, Phusri, Indraj again Phusri and  Gobjndpur
              (goesup-to  Southern bank of RivcrBokaro)  and meets at point'B'.
B   CJ      line  passes through  villages  Gobindpur, Mandu,  Kekc  Basaudi  and  Pundi  and
              meets  at  point  *C
C—n          line passes through villages Pundi, Taping and Pindra and meets at point  ' D\
D   E        line passes through  villages Pindra and Taping and meets at poin  'F *.
E   F        line  passes  along the  part  common  boundary  of  villages Taping and  PI p ra  and
              meets  at  point  'F'.

F—G—A— lines pass along the part common boundray of villppcs Kajri end Phusri and

through villages Phusriand Bahcra and meets at point 'A'.

SCHEDULE

Kedla Block

(West Bokaro Coal field)

Drg.No. Rev/i 14/63 Dated 28-9-63

(Showing the area noiifleii for prospecting)

District

Village

Tliana

Thana No.

Area Remarks

. Mandu

Hazaribagh

,3

33

33

JJ

• •

13

33

3,

•

' "i

33

105 106 108 107 158 159 160 161 162

33

1 z 3 4 5 6 7 8 9

33

Gmnia

33

11

33

10 11 12

33

Basantpur Kotre . Duru Kasmar Pachanda Garkia or Parsabera Banji Kedla , Chakdih Loiyo . Pachmo HurdaS Rahawan Baghraiya

Part Part Part Part Part Part Part Full Part Part Part Part Part 1 13

29 3°

Total Area 6950- 00 /Veres (Approx.)

OR 2814'75 Hectares (Approx).

Boundary Description:

U—V line pisses through villages Basantpur & Pachanda mctts at point ' V.

V ^W line passes along the part central line of Chutua Nadi (which is part)

common boundary of West Bokaro Colliery) and meets at point ' W.

W— X—Y—Z—T Hnes pw through Villages Duru Kasmar, Banji, Kcdla & Garkia or Parsabera (which is part o ' n n on boundary of West Bokaro Colliery

and meet at point *T\

T —3 line pas^ei through village G-^rkia or Parsabcr and meets at point ' S '.

S —A/i line passes along the part Central line of Chorha Nadi (which is common boundary of village Garkia or Parsabera & Sirka3 Loiyo & Sirk^j Lojyo & tthuiyahdi and Liiyo Sc Badgaon anj meets at poini 'A/i'.

A/i 3/1 line passes along the part Southern bank of Chotha Nadi in Village

Loiyo and meets at point ' B / I '.

B/i Ci—D/i—E/i—F/i lines pass through and along part northern and part southern boundary of Chotha Nadi in Village Loiyo (which is also part common boundary of Loiyo Block Extn. notified U/S 4(1) of Coal Act vide S-O. 1973 dated 4-7-63) and meet at point F/i'.

pyl G/i— H/l lines pass through village Loiyo (which is also part common boundary of Loiyo Block notified U/S 7(1) of Coal Act vide S.O. No. 1893, dated 29.5-64) and meet at point 'H/i'.

j-I^I H/2 I/i lines pass through villages Rahawan & Baghraiya (which is also part contnon boundary of Loiyo Block Extn. notified u/s. 4(1) of Coal Act vide S.O. No. 1973 dated 4-7-63) and meet at point ' I / i .'

[ / i —K ' I— U lines pass through villages Baghraiya, Pachmo, Rahawan, again PachmO;

Hurdag, Kotrc & Basantpur and meet at point ' U\

S CHEDUlE

Area Block II

(West Bokaro Coal Field)

Drg. No. Rev/ri,i/63 Dated—28-9-61

(Showing the area notified for prospecting)

Thana

Distt. Area P-emark* Village

Thana

No.

•si. No.

1.

116

, Mandu

Hazaribttgh

Pundi .

Part

Total area' 4-10 acres (Approx.)

OR 1 "66 Hectares (Approx.).

Jioundai-y Description:

L/l—M^t line passes through village Pundi (which is part common boundary of Pundi Block notified u/s 9(1) of Coal Act tti^S.O.No. 21 ?7 dated 11-6-64) andmeeti at points 'M/l'.

M/_—N'l line passen Lhrough village Pundi (v-hich is part common boundary oTPundi Blo^k notifltdu/s, 9(1) of Coal Act vide S.O. No, 2127 dated 11-6-64) and meets at point 'N/i'.

"Mii—O/i—L'i l;nei pass through village Pundi (which is part common bound"r> ofWelt Bokaro Colliery) and meet at point *L/i'.

SCHEDULE

Area Block I II

(West Bokaro Coal Field)

Drg. No. Rev/114^63 Dated 28-9-63

(Showing the arcanotified for prospecting)

Village

Thana

Distt. Area Remarks

Thana No.

•si. No.

Mandu 118

¹

Hazanbagh

Barughutu .

Part

Total area: 3-00 Acres (Approx.)

or : 1-22 Hectares (Approx.).

Bmindi)y Dtscr-'plion:

P/i—Q/i line passes > along the part Eastern Bank of Bokaro River in Village Baruuhutu (which is part common boundary of Pundi Block notified u/s 9(1) of Coal Act vide S.O. No. 2117 dated 11-6-64) and meets at point fQ/l'.

OFFICE OF THE COLLECTOR OF CENTRAL EXCISE BANGALORE

CENTRAL EXCISE

Bangalore, 25th July, 1969

S. O. 3379. —In exercise of the powers vested in me under Rule 5 of Tlie Central Fxcise Rules, 1944, I hereby empower the Central Excise Officers of ihe Mysore Central Excise Collec- torate specified in Col. 2 of the table below, to exercise within their respective jurisdiction, the.- powers of collector under the rule enumerated in col. 3 ard subject 10 ihe cm oilier-, ei d limna- tions aet out in Col. 4 of the said table.

Conditions and limitations, if Rank of Officers C. Ex. Rules

any.

SI. No.

1

2

3

4

1.

962H(i)

All Officers of and above the rank of Superintendent of Central Excise.

First A.S.P. (Application) may- be accepted by the Officer not below the rank of AsiU Collector.

2.

9<5ZH(2)

All Officers of and above the rank of Assistant Collectors of Central Excise.

3-

96ZHC4)

All Officers of and above the rank of Superintendents Central Excise.

(a) Power of accepting renewal application in form A.S.P- shall be cxerc sed by Superinrent'enl of Central Excise.

(b) (.) Where de'av in presen- ting the A.S.P 'S not more than 10 days the Superin- tendent ol Central fexcise shall exercise the power of con^ortins delay. (ii) Where delay in present- ing tlie A.S-P. exceeda 10 dsynj Astl. Collector of Ccnlral txcitc shall exercise the power.

96ZH (5)

4. All Officers of and above the rank of Asst, Collectors of Central bxcise.

. 96ZK4)

5-

All Officers of and above the rank of Asst. Collectors of Central Excise.

Adjudicating Officers

6.

96ZL (i) to (lii)

96ZM

7.

To demand duty, to confiscate- goods and to impose penal- ty in accordance with their limits of adjudication powers. Overall discretionary powers are reserved with the Collec- tor.

[No. 3/69.]

M. C. DAS, Collector.

^OFFICE OF THE COLLECTOR OF CENTRAL EXCISE, HYDERABAD (DN.)

Hyderibad,, the 6th August 1969

S. O. 3380, _Tn exercise of The powers conferred on me urdcr Pule 5 vf the Ccrirrl Fyc"re Rule3 TQ44, 1 hereby delegate 1he powers vested in me u r J rr Rules 06 ZH, <)(ZI ure1 tf7T, of the Central Excise Rules, 1944 to the officers specified in column 3 of the statemeri erckfed to the extent shown in column 4 of that statement.

Statement referred to above

S.No.

Rank of Officers.

Limitations, if any.

Central Excise Rules.

2

1

3

4

1. 96 ZH (1) All officers of and above the rank of f Superintendent of Central Kxcise.

'First A.S.P. (Application) may be accepted by the officer not below the rank of Assistant Collector.

All officers of and above the rank

2. 96ZH (2)

of Assistant Collectors.

96ZH (4)

3-

All officers of and abovo the rank of Superintendent of Central Excise.

(a) [Power of accepting rene- wal application m form A.S.P. shall be excercised by Superintendent of Cen- tral Excise.

(b) (i) Where delay in presen- ting the A.S.P. is not more than 10 days, the Superin- tendent of Central Fxcise shall exercise power of condoning the delay.

) Where dclav in prcsen- ing the A.S.P. exceeds 10 days. Asm. Collector,. Central Kxcise shall exer- cise the power.

96ZHC5)

4-

All officer of and above the rank of .A ML Collectors of Central Excise.

96ZK5)

5-

All officers of and above the rank of Assis- tant Collector of Central Excise

96ZL CO to^ (iii)

Adjudicating officers. To demand duty, to con- fiscate goods and to im- pose penally in accordance with their limits of adjudi- cation powers.

[No. 5/69-C.E.]

. L. ROUTH, Collector..

COLLECTORATE OF CENTRAL. EXCISE, WEST BENGAL,

CENTRAL EXCISE

Calcutta, the 28th July 1969

S.O. 3381.—In exercise of the powers vested in me under Rule 5 of the Central Excise Rule* 1944^ I empower the officers of the rank mentioned in Column 2 of the table below to exercise- within their '•cspective jurisdiction the powers of the Collector under the rules mentioned againfft each in Column 3 of the said table, subject to conditions and limitations, if any, indicated in Column 4 thereof.

TABLE

I

2

3

4

I.

96ZH(i)

All Officers of and above

First A.S.P. (Application) may be accepted bv the officer not below the rank cf Asst, Collector.

the rank of Supdt. of C.E.

2.

Q6ZH(2)

••

All officers of and above the rank of Asst. Col- lector.

96ZH (4I (a) Power of accepting renewal application AH Officers of and above the

3-

rank of Sapdt. of C.K.

in form A.S.P. shall be exercised by Supdt. of C.E.

(b) (i) where delay in presenting the A.S.P. is not more than 10 days, the Supdt. C.E. shall exercise the power of condoning the delay.

(li) Where delay in presenting the A.S.P. exceeds 10 days, Asstt. Collector, Central Excise shall exercise the power.

96ZH (5)

•"

A-

Aii Officers en and above the rank of Assn. Coll. ot C.E.

••

5-

All officers of and above the rank of Asstt. Coll. C.E.

Adjudicating Officers.

6.

Q6ZL(i) to (in)

To demand dutv to confiscate goods and to impose penalty in accordance with their limits of adjudication powers.

[No. 1/1569.]

D. R. KOHLI, Collector.

COLLECTORATE OF CENTRAL EXCISE, CALCUTTA & ORISSA

CENTRAL EXCISE

Calcutta, the 30th. July 1969

S O 3382 —In exercise of the powers conferred on me by Rule 15 of the Central Excise'Rules, 1944, read with Rufe 233 ibid and in supersession of this Collectorate Notification No. 6/1968 dated 21st December, 1968. I hereby notify the place* specified i" Column 2 and column 3 of the Schedule enclosed as sparse grow- th nreas where growers of tobacco shall not be required to furnish declarations of S l a ^ u n d^ tobacco cultivation under Rule 15 of the Central Excise Rules,1944 provided the area cultivated by a grower does not exceed the limit specified In column 4 of the said schedule.

SCHEDULE

Portion covered

Ace* SI. Name of the District No.

1 2

4

3

A. State of Orisia

1 Ganjarn

The whole of

12 are*

(a) Bcirmmpur Sub-Division .

(b) Chalvupur Sub-Division less Purusut-

i>

t a m p ur a nd R a m h ha . . ..

Police Stations

8 ares

(c) Bhanjanagar Sub-Division less Bhanja- nagar, Taraingi a nd Buguda Police Stations . . . . ..

(d) Parlftkcmedi Sub-Divi9ion less Parla- kemedi Police Station . . ..

12 arc*

The whole of

2 Koraput

12 arcs

(a) Nowrangpur Sub-division .

(b) Malkangiri Sub-Division

(c5 Koraput Sub-Division less Nuravnnpat-

31

nam Police Station except Kumbhariptrt. Panchayel of Bandhugaon Block .

(d) Jaypore S u b - D i v i s i o n . . ..

3)

10 aiet

(e) Rayagada Sub-Division les.a Rayagada Police Station . . . ..

(f) Gunupur Sub-Division less Binsem- Cuttack Police Station and Ambadola Police Station except Bijaya Bandali Panchayat and Ambadola Panchayat

12 ares

. The whole of

3 Kalahandi

(a) Kalahandi Sub-Division

12 ares

(b) Dharamgarh Sub-Division .

(c) Nowapara Sub-Division

. 4 Bolungir

5 111 " i

. (a) Titlagarh Sub-Division

(b) Bolangir Sub-Division

(- "rcl

(c) Soncpur Sub-Division

6 airs

(d) Patnagarh Sub-Division less Bclpara

Police Station

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[No. 8-CE/1969.)

N. MOOKHERJEE, Collector.

OFFICE OF THE COMMISSIONER OF INCOME TAX, KERALA

INCOME-TAX

Emakulam South, Cochin 7 the 2nd August, 1969

S.O. 3383.—In pursuance of sub-section (1) of section 287 of the Income-tax Act, 1961 (43 of 1961) and in pursuance of order F. No. 16/202/67-ITB dated 25th March, 1969 of the Mi- nistry of Finance (Department of Revenue and Insurance) Government of India, I hereby publish the names and other particulars relating to asscssees on whom a penalty of not less than Rs. 5000/-was imposed during the financial year 1968-69 in schedules I and II appended here to :—

SCHEDULE I

Persons who Itave been penalised for concealment of in;ome under section 27i(i)(c) :—

Amount

Name and address

Status

SI. No.

of pen- alty

Assess- ment year

2

1

3

4

5

1

il 5000 1965-66

30000 2

Sri K. K. Pauly, P. 0. Avittathur, Via. Irinjalakuda. • Sri K. Ponnen, S.N.T. College, Trlvandrum Sri M. Vidyadharan, Lecla Motors, Attingal

Individua Do. Do.

7500 3

1963-64 1963-64

SCHEDULE II

Persons who liave bten penaliied for failure to file the returns of income or to produce boohs

of accounts under section 27l(l)(a) or (b) of the Income-tax Act, 1961;—

N a me a nd a d d r e ss

Status Amount •si. No.

of penalty.

Assess- ment year

1

2

3

4

5

1 S ri K. A. J a y a p a l a n, D e vi M a n d i r a m, C h i t t ur

i8ji7O

1963-64

2 M r s. T. G. W a l t e r, Q u i l on . . ..

Indivi- dual. . Do.

13,385 1966-67

I

2

4

5

3

1963-64

20,300

Firm

M/s. A. Parccd Pillai and Bros., Alwayc.

3

Partners :

     I.  A. Pareed Pillai.
     2.  A. Kader  PiUai.
     3.  A. Mohammed Pillai.
4  M/s.  Ramsons & Co.,  Quilon                             Firm            7)053    1963-64
5   M/s.  Southern  India Cashew  Co., Quilon,  .           Finn            6,309    1967-68
6  M/s.  West Coast Industries, Ettumanoor.  -     -     .  Finn            6,053    1966-67

Partners :

i. P. John. 2. T. K. Joseph. 3- K. C. Uthup.

NOTE,—In the above cases either no appeals have been filed before the Income-tax Appe- llate Tribunal or the appeals filed have already been disposed of by the Income- tax Appellate Tribunal.

[C. No. ioB/Tech/B/6()-7O/Voi. II]

S- O. 3384.—In pursuance of sub-section (1) of Section 287 of the Income-tax Act, 1961 (43

of 1961) and in pursuance of the order F. No. 16/202/67-ITB dated 25th March 1969 of the Ministry of Finance (Department of Revenue and Insurance) Government of India, I hereby publish the names of the asscssccs :

(a) Being individuals or Hindu Undivided families, who have been assessed on an income

of more than a lakh of rupees, in Schedule I appended hereto;

(b) Being Firms, Association of Persons or Companies who have been assessed on an Income

of more than ten lafchs of rupees, in Schedule II appended heretoj

during the financial year 1968-69.

SCHEDULE I

Names of all Individuals and Hindu Undivided families assessed on an income over rupees one

lakh in the financial year 1968-69.

Name and address

Status

SI. No.

Assess- ment year.

Income asseewd Under Income- tax Act, 1961.

1

2

3

5

4

Sarvaskree

Rs.

1 T- V. Ananthanarayana Iyer, C/o. Swamy Brothers,

1,24,120

1967-68

Alleppey.

Indivi- dual.

2 Abdul Azeez Hajec Hassan Sait, C/o. H.H.Y. Sait &

Sons, Kayakkulam. . . . . ..

Do. Do. Do. Do. Do. Do. Do. Do.

1964-65 1967-68 1968-69 1964-65 1964-65 1968-69 1968-69 1968-69

1,06,958 X>53,247 1,08,260 1,97,730 5,72,040 1,06,130 1,62,860 2,67,590 3 4 5 6 7 8 9 10

P. AchuthanPiUal, Cochin. P. Achuthan Piltoi, Cochin H a ji K. A s s a i n a rj C h a n g a n a c h e r r y. . . .. K. Abduhrahiman, Ernakulam A. J. Abraham, Hindustan Finance Corp ration, Calicut. Haji A. Abdul Khadcr, Chowghat A. Abdul Rahiman, Chowghat. . . .. V. Balakrishanan Nair, Guruvayoor Bus Transport,

Guruvayoor

11 A. D. Bolland, Pierce Leslie & Co. Ltd., Calicut.

1968-69 1967-68

1,00,380 1,20,490

Do. Do.

 I                            2                                  3                        5
                                                                              4
                                                               Indivi-                Rs.
12  A. D. Bolland, Pierce Leslie & Co. Ltd.,  Calicut.         dual.     1968-69     i.45>940
13  Dr. (Mrs.) P. Bhageerathi, Cannanore.                       Do.      1968-69     1,20,100
14  B. T. Asher, Cochin                                         Do.      1967-68     1,27,280
15  B. J. Asher, Cochin                                         Do.      1968-69     1^97^473
16  Beena Jacob, C/o. M/a. Jacobs, Lalbag, Beach, Alleppcy     Do.      1968-69      1,13,579
     P.  Bharathan Pillai, Cashew Exporter, Quilon,             Do.      1968-69     6,09,990
*118 M.  Balakrinhnu  Reddiar,  C/o.  M/s.  S.T. Reddiar and
       Song, Quilon.        .    .    .    .    .    ..          Do.      1967-68    1,23,160
19                                                               Do.     1968-69    10,32,770
20                                                               Do.     1965-66     1,92,860
21                                                               Do.     1968-69     2,35>4i°
23                                                              Do.       1968-69    i>54,99°
23                                                               Do.      1968-69    1,03,070
24                                                               Do.     1966-67     1,36,800
25                                                               Do.     1965-66     1,00,030
26                                                               Do.     1968-69     3,24,420
27                                                               Do.     1967-68     1,23,820
28                                                               Do.     1968-69     3^32,670
29                                                               Do,      1967-68    1,21,72a
30                                                               Do.      1968-69    I,9*>528
31                                                               Do.      1968-69    1,80,786
32                                                               D o.     1968-69    1,10,620
                                                                 D o.     1967-68    1,24,010
33
34                                                               Do.      1968-69    9 J 5 5 , 2 90
35                                                               Do.      1968-69    5>I5J82O
36                                                               Do.      1967-68    i,7i,39o
37                                                               Do.      1968-69    3>03>26o
38                                                               D o.     1967-68    1,00,210
39                                                               Do.      1968-69    1,15,870
40                                                                        1968-69    1,37,278
41                                                               Do.s°-Do. 1968-69   1,46,878
42                                                                         1968-69   1,20,640
43                                                               Do.       1968-69   1,07,728
44                                                               Do.       1967-68   1,08,330
45                                                               Do.       1964-65   4,61,310
46                                                               Do.       1967-68   1,85*410
 47                                                              Do.       1967-68   2,08,970
 48                                                              Do.       1968-69    1,32,300
49                                                               Do.       1968-69    1,21,460
 50                                                              Do.       1967-68    1,65,140
 51                                                              Do.       1968-69    3)87,170
53                                                               Do.       1968-69   3,03,260
 53                                                              Do.       1964-65    IJ36,34O
 54                                                              Do.       1964-65    1,40,660
 55                                                              Do.       1964-65   2,73J56O
 56

2,01,552 2,16,820 1,26,050 1,62,240 5,67,381

I,2IjOIO

Do. Do. Do. Do. Do. Do.

1968-69 1964-65 1968-69 1967-68 1968-69 1968-69 P. Balakrishna Pillai, Cashew Exporter, Quilon A. C. Chacko, Ollur T. M. Chacko, Kottayam J. T.Clifton, J.&P. Coats, Koratty . . .. A. C. Devasy, Cochin D. B. Khona, Mattanchcrry . . . .. Dat Fathc, Ernakulam K. Devayani Arama, Jupitor Cashew Co., Quilon T. V. Eswara Iyer, C/o M/a. Swamy Bros., Alleppey K. J. Francis, Fashion Fabrics, Trichur G. J. Asher, Cochin G.T. Asher, Cochin V. V. George, Cochin C.P.A.Yousuff, Kottayam T. V. Gourisankar, C/o. M/s. Swamy Bros.; Alleppcy . K. Gopinathan Nair, Cashew Exporter, Quilon P. Gangadharan Pillai, Cashew Exporter, Quilon P. Gopinathan Pillai, Cashew Exporter, Quilon R. Geetha Vasanth, Vasanth Vihar, Quilon. R. N. Gray, Brooke Bond (India) Ltd., Cochin R. N. Gray, Brooke Bond (India) Ltd., Cochin H. H. Gouri Lakshml Bai Kaudiar Palace, Trivandrum H. H. Gouri Parvathi Bai3 Kaudiar Palace, Trivandrum P.G.S. Hall, MalayalamPlantations Ltd., Cochin Itty Kurien; Padiniarakara, Kottayam Ismail EbrahimSait, Cochin K.C.I. Mather, Emakukm Janaki Gopolan, Ernakulam Joseph Lopez, Ernakulam M. C. A. Jackson, Kottayam M. A- John, Good Sheppard Rubber Co., Calicut K, Tanardhanan Pillai, Vasanth Vihar, Quilon . K. Janadhanan Pillai, Vasanth Vihar, Quilon Jotny Vasanth, Vasanth Vihar, Quilon K. A. Karccn, Cashew Exporter, Quilon . K. Karunakaran, Karuna Cashew Co., Quilon S, Kumaraawamy Reddiar, Cloth Merchant, Alleppey . Kakkubhai Chakkubhai, Partner, M/s. Kakkubhai and Co.,Chalai, Trivandrum . . . .. K. M. Kunhimohammed, Ponnani . . .. K. V, Korath. Emakulam . . . .. K. J. Kunjavirah, Ncelaswaran . . .. P. M. Kumaran, Partner, Sadhoo Bedi Depot, Cannanore K. Kochukrishnan Nair, Geetha Automobiles, Calicut A. K. Kunhlathurruna, C;o. M/s. Vazhakkad Timbers,

57 5& 59 60 61 62

Kallai, Calicut

Do. Do.

1965-66 1968-69

1,36,280 i,",358 P. K. Kochamma Amcrta, Pootheri Illam, Fcrokc A. K. Kaderkutty,Western India Plywoods Ltd.,Bali-

63 64

1,28,680

1968-69 apatam

Do.

A. K. Kaderkutty, Western India Plywoods Ltd.sBali-

63

apatam

C. Koru, C/o C.C. Transports, Calicut C. Kunhikutty, Malabar Roadways Service, Calicut Haii C. Kamukutty, K. K. & C o ., Calicut . C. Kuroaran Nair, Cbalakudy

Do. Do. Do. Do. Do.

1967-68 1965-66 1966-67 1958-59 1968-69

i,5i,330 1,00,530 1,20,160 1.32,150 13,59,460 66 67 68 69

I

2

3

4

5

70 C. R. Kesavan Vaidyar, Irinjalakuda.

1964-65

Rs. i337,25O

1967-68 1967-68 1968-69

ijC.7,700

1,02,400

1,26,050

                                                                     Indivi-
71 Lakshrnandas  Kushiraui,  Calicut. dunl.
72   A.J.  Lopez,  Ernakulam.                                          Do.
73   C.W.M.     Lawrence,  Went  Worth  Estate,  Nilgiris.             Do.
74   H.  H.   Lekshmi  Bai,  First  Princess,  Kaudiar  Palace,        Do.

1,85,180

2J57323O

3,03,260

1,19,080

i33 9 , 9 i°

2,17,450

4,19,140

1,30,670

I,27,A20

I,0I,95O

1,41,860

I , 2 9 J 3 3°

1968-69 1968-69 1968-69 1967-68 1968-69 1967-68 1968-69 1967-68 1960-61 1964-65 1964-65 1968-69 1967-68 Trivandrum, • • - . . .. Do. Do. 75 P. LakahmananPillai,M/s, Laxman & Co., Quilon. 76 Lcela Vasanth, Vasantb Vihar, Quilon. D o. Do. 77 A. I. Menzies, Malayalam Plantations L t c \, Quilon. , 78 A J . M. Menzies, Malayalara Plantations Ltd., Quilon Do. Do. 79 A. Malini Amma, Vijayalakshmi Cashew Co., Quilon Do. 80 J. Mohandas Rajan, Vijayalkshi, Cashew Co., Quilon. . Da Hi B. Muthukrirhanan, S.T. Reddiar & Sone, Quilon Do. B2 K.P. Mohammed, Olavako: Do. 83 K. P. Moideenkutty, Mannarghat. . . .. Do. 84 M. Muthuraman, Cochin. . . . .. Do. 85 Mohammed Ebrahim Sait, Cochin. . . .. Do. 36 R. M. Manckji, Ernakulam . . . .. S7 J. Me Adam., Administrative Manager, J & P. Coatf.

6,03,960

Koratty

B8 P. K. Nair, Ernakulam. 89 C. N. Namboodiri , Thodupuzha. . . ..

I96('-69 1968-69 1967-68

1,24,3801,29,280

1,69,900

Do. Do. Do.

1968-69 1968-69 1968-69

1,35,680 1,22,390 1,16,040

Do. Do. Do.

90 N. Neclankantan Nair, M/s. L a x m a n & C o ., Quilon.. 9t R. H. PaylM, H &C Ltd., Cochin-3. 92 K.C. N. Panicker, Eiso Ltd., Ernakulam. 93 T.V. Parameshwara Iyer, C/o, Swamy Bros., Al-

leppey

94 K. V. Foulosc, Ernakulam, 95 N. K. PidUval, Kottayam 96 Cheria Pathrose, Kolcncherry 97 D. Purushotham Kamath, Pellicherry. . 98 R. Rangaswami, Calicut 99 Ramchand Khushiram, Calicut . . ..

1967-68 1968-69 1968-69 1968-69 1968-69 1968-69 1967-68 1957-58 1966-67 1968-69

1,26,200

1,09,770

1,22,120

I,38"894

I,l8,62O

1,12,230

1,07,910

1,08,910

1,00,968

1,00,640

too   M.  K   Raru,  Timber  Merchant,  Kallai,  Calicut.
roi  A.S.K.    Rama   Iyer,  Pattambi
102   A.S.K.   Rama  Iyer,  Pattambi
103   T.V.  P-amachandran  ,  C/o.  Swamy  Bros.,  Alleppey..
                                                                             1967-68

1,24,040

D o. Do. Do. Do. Do. Do. Do. Do. H.U.F. H.U.F. Indivi- dual.

104 Rama Vcrma Valia Koil Thampuram, Setalmond

Do.

1966-67

Palace, Poojapura, Trivandrum. . . ..

1,68,730

105 V. Ramanujan Thampi, Partner, National Cashew Co.,

1967-68

Do.

i>93,920 Pattom, Trivandrum

106 V. Ratnanujan Thampi, Partner, National Cashew Co.,

Do.

1968-69

Pattom, Trivandrum

4 J 5 7 J 4 S3

107 H. H. Rama Varma, 1st Prince of Travancore, Ka-

Do.

1,36,520

1968-69

udiar Palace, Trivandrum

108 V. Ramacbandran, C/o., M/s. S. Veeriah Rcddiar,

1964-65

Do.

1,11,870

\Heppey. . . . • • - ••

109 Racheal Thomas, C/o. M/s. Jacobs Lal baug, Beach,

Do.

1968-69

Alleppey

-

I.i3,57°

xio M. Raiondra Rcddiar, M/s. S. T. Reddiar & Sons,

1967-68

Do.

1,20,510

Quilon. . • • • • . •

in M. Rcngaswamy Reddiar, M/s. S.T. Reddiar, &

Sons, Quilon. . .. • • • •

1967-68 1967-68

1968-69 1968-69 1967-68 1968-69 1967-68 1968-69 1968-69

1,33,050 1,63,030 3t5°.37O I3I I , 8 IO 2,17,830 1,56,890 2,06,500 3 J O I , 3 20 1,21,630 112 N Rajamani Atnma, Ra) Cashew Co., Quilon. 113 N." Rajamani Amma, Raj Cashew Co., Quilon. 114 P Raghavan Pillai, Cashew Exporter, Quilon.. . 115 K Raieniranathan Nair, Cashew Exporter, Quilon. 116 K. Rajendranathan Nair, Cashew Exporter, Quilon. . 117 N. Radha Bai, Cashew Exporter, Quilon. 118 N. Radha Bai, Cashew Exporter, Quilon. 119 L. Radhika Devi, Laxman & Co., Quilon. . .

Do. Do. Do. Do. Do. Do. Do. Do. Do.

I

2

3

4

5

Indivi-

Rs.

dual

1968-69 1,19)650

Do.

120 1 21

G. Rajan Nair, Luxnian & Co., Quilon. G. R. Rhind, Ambanad Estate, Malayalam Plan-

tations Ltd., Quilon

196R-69 1968-69 1968-69 1968-69 1968-69

1,00,730 1,08,360 3,36,960 3,03,260 i,5i>380

D o. D o. D o. Do. Do.

122 "3 I 24 I 25 126

1966-67 T.,09,220

Do.

I 27

C.W. S. Rctchc, H. & C. Ltd., Cochin. P. Sachtugnan Pillai, Cashew Exporter, Quilon. R. Sooha vmanth, Vasanth Vihar, Quilon. N. Sira.wathy Atntna> Saraswathy Industries, Quilon K. Sukumaran, Mng. Director, Kerala Kaumudi, Trivandrum. . . . . . .. R. Suseela, Partner, General Supplies Agency, Balace

Road, A'leppcy

1967-68 1,03,230

Do.

128 Sosamma Jacob, C/o. M/s. Jacobs Lalhag, Beach —

Road, Allcppcy. . . . . . ..

Do. Do.

1968-69 1967-68

l5i3358O 1,02,850 129 130

A.D, Spencc, H. & C Ltd., Cochin. J.B. Souther, General Manager, K. D. H.P. Co., Ltd., Munnar. . . . . . ..

1,22,430

D o.

19G7-6H

J. B. Souther, General Manager, K.D.H.P. Co., Lid.,

1968-69 1,25,730

Do.

Munnar

132 H.H. Sethu Paravathi Bai, Maharani, of Travancorc,

Do.

1968-69

Kaudiar Palace, Trivandrum

3*943 960

B. N. Sreedhan Unni, Sreekrishna Pharmacy, Thy-

133

caud, Trivandrum

1964-65

Do.

3,65,520

J34

1968-69

P. P. Scetha, Partner, Sadhoo Beedi Depot, Canna- nore. . . . . . . . ..

Do.

1,26,784

P.P. Sarojini, Partner, Sadhoo Beedi Depot, Canna-

*35

1968-69

nore

Do.

1,30,673

136 P. M. Sirithakurnari, Partner, Sadhoo Becdi Depot,

Cftnnanore.

1968-69 1965-66

3558,241 1,14,000

Do. Do.

137 138

C.S. SahaJevan, Calic.it V. Scshagiri Bhat, Beedi & Tobacco Merchant, Tel-

1968-69 1,23,070

Do.

lichcrry

N. Sadananda Pai, C/o. M/s. SadanandaPai and Co.

139-

Tellichcrry.

1968-69 1968-69 1967-68 1966-67 1967-68 1967-68 1968-69 1967-68 1968-69 1967-68 1968-69 1968-69 1963-64 1968-69

140 141 142 143 144 145 146 147 148 149 150 151 152

Syed Alavi Jiffri, Jiffri and Karim, Calicut. Syed Alavl Jiffri, Jitt'ri and Karim, Calicut. Mrs. Scbastin for late C. V. Scbastin, Trichur Mrs. Sebastin for late C. V. Sebastin, Trichur S. J. Asher, Cochin S. J. Ashcr, Cochin Salay Mohammed Ebrahim Sait, Cochia Salay Mohammed Ebrahim Sait, Cochin Sulekha Bai, Cochin. V.G. Saraf, Cochin M. Sankiara Menon, Ernakulam, . . .. N. Subramania Iyer, Kottayam. . . .. James Wilson Twaddel, J & P Coata, Koratty. .

1,23,170 1,01,440 1,50,420 1,49,203 1,63,880 1,25,540 1,69,910 i>54>870 1,40,850 1,06,000 1,06,490 1,02,270 3>77,74O 1,42,900

Do. D o. Do. Do. D o. Do. D o. Do. Do. Do, Do. Do. H.U.F. Indivi- dual. Do.

J. Thomson, J & P Coats, Koratty Dr. K. Gerorge Thomas, Kottayam. V. Thlruvenkaitam, M/s. S. Vecriah Rcddiar, Al-

1968-69 1968-69 1964-65

Do. Do.

2,21,900 3,75,000 1,16,230 153 154 155

leppcy.

Late A. Thangalkunju Muaaliar, Cashew Exporter, .

156

Quilon, by legal heirs Smt. Nafcesa Bccvi and others Do.

1964-65

1,07,665

P.P. Ushalakshy, Partner tadhoo Beedi Depot, Can-

157

nanore.

1968-69 1968-69 1968-69

Do. Do. Do. D o. Do.

158 £59 160 161 162

Do.

Do. Do.

1964-65 1968-69 1968-69 1966-6J 1968-69

1,28,964 I>I5,35O 1,26,200 1,66,340 1,01,920 Ij35,7io 1,65,560 1,11,990 N. T. Vaeu, Big Bazar, Calicut M. K. Vcllodi, Calicut M. K. VljayaraghavanjKurkanLKcn, Trich John P. Valavi, Erna'-;ulam Mrs. Janki Gopalan K. P. Varghesc, Emakulam K. Varcese, Erankulan S. Veenah Reddiar c/o M/s. S. Vceriah Reddiar,

163 £64 165

cloth Merchants, Alleppoy

166

1964-65 1968-69

P.Ycsoda, Partner, Sadho Beedi Depot, Cannnnore

Do. Do.

I, 22,700 3 , 9 4 J ° 27

SCHEDULE II

SI. No.

Name and Address

Status

Assess- ment year

Income assessed under I.T.

Act, 1961

i

²

3

4

5

Rs.

i i 3 4 5 6 7 " 9 10

II

12

Company Do. Do. Do. D o. Do. Do. D o. D o. Do. Do. Do.

I 3 . I A . 6 II 10,68,720 IO,8O,790 15,90,610 ]IO,67,23O 26,82,930 20,22,360 23.04.088 26,48,617 29,51,416 I0,O4,23O 11,55,880

1967-68 1965-66 1968-69 1968-69 1968-69 1964-6} 1965-66 1966-67 1967-68 ,1968-65 1966-67 1967-68 The Cochin Malabar Estate Ltd., Coimbatore. The Cochin Refineries Ltd., Ammalamugal, Emakulam Co-operative T ea Society Ltd., Calicut Forest Industries (Trv.) Ltd., Alwayc. Forbes Ewarts & Figgis Ltd., Cochin . , " Harrisons & Crossfield Ltd., Cochin . . .. Harnsions & Cross field Ltd., Cochin. HarriBions & Cross field Ltd., Cochin. Harrisons & Cross field Ltd., Cochin. Harrisions & Cross field L t d ., Cochin. Indo Marine Agencies (P) Ltd., Cochin . Indo Marine Agencies (P) Ltd., Cochin. . Kerala State Road Transport Corporation, Trivan-

13

drum.

[Do.

L

14 15 16

17 18

4.6.O8.Q4O 79,35,350 56,44,613 53,19,554 72,47,786 58,86,913

2O,22,Hl0

19 20

21

2 2'

Do. Do. Do, Do Do, Firm Company j Firm. Company

[1966-67 ^967-68 1964-65 1965-66 1966-67 1967-68 1968-69 1968-69 1968-69 1968-69 1968-60 1967-68 1968-69 1965-66 1968-69 Kerala State Road Transport Corporation, Trivandrum Malayalam Plantations Ltd., Cochin . . .. Malayalam Plantations Ltd., Cochin . . .. Malayalam Plantations Ltd., Cochin . . .. Malayalam Planatations Ltd., Cochin Nirayana Investment T r u s t, Trivendrum . National Cashew Co., Pattom, Trivandrum Ruby Ru Dber Works L t d ., Changancherry Sadhoo Beedi Depot,, Cannanore . . .. Travancore Rayons Ltd., Rayonpuram, Perumbavoor . Travancore Titanium Products Ltd., Trivandrum Travancore Titanium Products Ltd., Trivandrum Travancorc Tea Estates Ltd., Vandiperiyar Western India PlywoodB Ltd., Baliapatwn .

27

D o. Do. Do. Do.

22,85,180 10,24,020 17,50,110 81,17,379 29,54,180 )8,35,54O 11,08,850 17,44,820

[C. No. io-B/Tech/B/69-7°/VoI. II.]

S. N. SASTRI, Commissioner,

OFFICE OF THE COMMISSIONEE OF INCOME TAX, PUNJAB, HARYANA

JAMJTO AND KASHMIR, HIMACHAL PRADESH AND CHANDIGARH

PATIALA

'

Patiala, the 7th August 1969

S.O. 3385.—Whereas the Central Government is of the opinion that it is neces- sary and expedient in public interest to publish the names and other particulars relating to assessees on whom penalty of, not less than Ha. 5,000 was imposed during the financial year 1968-69;

^

And whereas in exercise of the powers conferred by section 287 of the Income tax Act (43 of 1961) and all other powers enabling them In this behalf the Central Government has by its order dated 25th March, 1B69, authorised all Commis- sioners of Income tax to publish the names, addresses, status, assesament year and details of penalties levied which would Include the amounts and nature of penalties relating to assessees, within their jurisdiction and on whom a penalty ol not less than Rs. 5,000 WBB imposed during the financial yMr 1M&-69-

Npw therefore in exercise of the powers conferred on me by the Central Gov- ernrnent by its aforesaid order dated 25th March, 1969, I hereby publish in Sche- dules I and II hereto annexed the names and other particulars of the assessees aforesaid.

SCHEDULE I

Assessees on whom a penalty of not Ices than Rs. 5000/- was imposed for concealmen- of income during the period commending with 1st April, 1968 and ending with 31st March 1969 where no appeal was presented to the Tribunal within the time allowed therefor or where the appeal presented has been disposed of during the.financial year.

Name of the assessee

Status Amount Assesa- of penalty ment year SI. No.

in rela- tion to which the default occurred.

¹

2

3

4

5

Rs.

1 2 3 4 5 6 7 8 9

M/8. Asia Electric Co., Phagwara M/s. Ahmed Joo and Sons, 3rd Bridge, Srinagar M/i. W Brij Lal Badri Prasad, Khanna M/s. Bhoor Mai Khushi Ram, Bhiwani M/s. C.L. Monga & Sons, Panipat . M/s. Deepak Pictures, Railway Road, Jullundur . M/s. Ghulam Nabl Mir, Bandipura (Kashmir) . M/s. Lok Nath & Co., Simla, Simla . M/s. Mohar Singh Sita Ram, Bhiwani

. U.R.F. . R.F. . R. F. . R.F. . R F. . R.F. . R.F. . R.F. . R.F.

25,COO 5.49° 11.303 8,190 8,152 I2,8KO 8,coo 11,981 5,1861 5=353 V 7>870j

10

. R.F.

11

13

1962-63 1962-63 1964-65 1963-64 1962-63 1960-61 1966-67 1962-63 1963-64^ 1965-66 J. 1967-68J 1962-63 1963-64 1965-66 Mis. M.A. Ra-nzana'& Sons, 3rd Bridge, Srinagar Shri Mohamad Ahoan Wani, Raj Bagh, Srinagar M/s, New Forests Co., Srinagar

. Indl. . R.F.

5=405 6,000 8,354

SCHEDITLE II

Assess- ment year in relation to which the default occurred.

2

3

4

¹

5

Rs.

¹

2

11,670 5,353

1962-63 1966-67J v ^ / 3

aaS*r ' ", „ ^' c' •

1965-66 1962-63 1962-63 1963-64 1963-64 [No. F, AST/Pub/4/69-70.]

S.O. 338fi.—Whereas the Central Government Js of the opinion that it is neces- sary und expedient in public interest to publish the names and other p-rtlculara relating to assessees;

(i) being Individuals or Hindu Undivided Families, who have been assessed

on an income of more than one lalch of rupees;

(ii) being Firms, Association of Persons or Companies, who have been

assessed on an Income of more than ten lakhs of rupees;

during the financial year 1968-60;

And whereas in exercise of the powers conferred by section 287 of the Income tax Act (43 of 1961) and all other powers enabling them in this behalf the Central Government has by its order dated 25th March, 1969, authorised all Commis- sioners of Income tax to publish the names, addresses, status, assessment year relating to assessees within their jurisdiction during the financial year 1968-69;

Now therefore in exercise of the powers conferred on me by the Central Gov- ernment by its aforesaid order dated 25th March, 1969. I hereby publish in Sche- dules I and II hereto annexed the names and other particulars of the assessees aforesaid.

SCHEDULE I

Names of all Individuals and H.U.Fs. assessed on an income of over Rupees One

Lttfeiim the Financial year 1968-69,

S.No. Name and address of the assesses

Assessment

Status

ytar

.]

Income - assessed under the [ncome-tax Act, 1961

1

3

3

5

4

Rs.

X

Indl. Indl. Indl,

1964-65 1965-66 1964-65

1,38,126 1,77.872 1,14,383 2 3 4

Shri Amrit Lal C/o Choudhary Aisbi Ram Batra> Sri- nagar . . . . . . .. Shri Amrit Lal C/b Sh. Aishi Ram Batra5 Srinagar • Sh. Amar Kumar C/o M/s. Surja Ram & Sons.. Malaut Shri Brij Mohan c/o M/s. Hero Cycle Industries, Ludh-

iana

3^79° i3i3,39° 3,16,220 1,85,490 1,01,600

Indl. Indl. H UF Indl. Indl.

1968-69 1968-69 1964-65 1964-65 1964-65 R.B. Badri Dass, Jullundur . . . .. Shri Bishan Lal Kuthiala, Jammu . . .. Shri Bimal Parshad C/o Navbharat Industries, Rohtak Shrimati Bimla Devi C/o above . . .. Sh. Bahadur Chnnd C/o Mala Ram Bahadur Chand,

5 6 7 8 9

Rohtak

1,61,092 1,61,092 1,08,390 1,61,176

Indl. Indl. Indl. Indl. Indl. Indl.

2,05,672

1964-6.5 1964-65 1968-69 1964-65 1968-69 1967-68 10 II 12 13 14 15

Sh. Chaudhry Ram C/o above . . .. Mr. C. ConBtinadise C/o O.C.M. (P) Ltd.., Amritsar • M/s, Chct Singh Hardit Singh, Amritsar Shri Chaman Lal C/o R.N. Gupta & Co., Ludhiana Shri D.D. Puri, Yamunanagar Raja Rana Digvljay Chandra of Jubbal through his legal heir Raja Rana Yogindra Chandra, Simla

3,53,4 5

1964-65

Indl.

16 Shri D.D. Puri C/o Saraswati Industries, Syndicate Ltd.,

Yamunanagar • . . .

1,87,172

Indl.

1968-69

17 Shri Dcv Mittar., Prop. Emdet Engineers, Fategarh Road;, Amritsar . . . . ..

3,42,050

Indl.

1968-69

18 Late Dr. M,K. Gupta, Legal heir Sh. Arjan Dev., D.L.F.

Colony, Rohtak

Indl.

4,20,729

1948-49

19 Shri Ganesh Dass P/o M/s. Kishan Chand & Co., Forest Lessees, Jammu . . . . ..

20

1964-65 1964-65

H UF Indl.

2,86,752 1,12,389

21

Sh. Bafcsiii Ghulam Hassan, Srinagar Shri Girdhari Lal P/O M/s. Kishan Chand & Co.,

Forest Lessees, Jammu

3,18,021

H UF

1964-65

I

2

3

4

Rs.

22 S h ri G o v c r d h an D a ss P . A. C /o M / s. G o v e r d h an D a a s,

l ' . A. J u l l u n d ur . . . . . ..

Indl.

1,25)57°

1964-65

Do D o. . ..

Indl. Indl.

1965-66 1967-68

1,14,220 1,03,060

S h ri G u r b a k sh S i n gh C /o B o m b ay M o t or T r a d i ng C o .,

23 24 25

Indl.

1968-69 3,23,11°

26

1,08,640 Kapurthalfl . . . . . .. Sh. Harbhajan Singh (deceased) through his L / H. Smt. Sunder Kanur C/o Northern India Transport Co. Ltd., Jullundur . . . . ..

Indl.

1964-65

Shri Hari Chand C/o Madan Roller Flour Mills, Jullun-

27

1,06,750

1967-68

Indl.

dur

. a8 Shri Hans Raj Mahajan C/o M/s. Hans Ra) Mahajan & Sons., G . T. Road, Jullundur . . ..

Indl. Indl.

1967-68 1964-65

1,60,485 1,49.7" 29 30

Shri Habibullah Pandith, Soporc, (Kashmir) Sh. Haveli Ram Sub Contractor, Military, Village Chak

Maiwi, T e h. Samba, Distt. Jammu

Indl. Indl.

1957-58 1968-69

i354>765 i.i4**3° S h r l H . R. Modi, Patiala . . . .. M/s. Hans Ram & Sons, C/o M/s. Hans Raj Pahwa &

31 32

1968-69 Bros., Ludhiana

HUF

i.i9545°

Shri Hatbans Lal c/o M/s. Kasturi Lal Har Lal, G . T.

33

Rood, Ludhiana . . . ..

Indl. Indl.

1967-68 1968-69

1,05,862 1,02,682

Do

Shri Harnam Singh Modi C/o Satluj Flour Mills, Fero-

34 35

1,05,020 Zcpur

Indl.

1968-69

Shri Hira Lal C/o Lal Woollen and Silk Mills, Amrit-

36

sar

1967-68 1967-68

Indl. Indl.

2,01,110 I385,9i° Shri Harbans Lal C/o as above . . . .. Shri Indct Paul Dhir C/o M/u. Pearl Hosiery, Sukhram

37 38

1964-65 Nagar, Ludhiana.

Indl.

2,97.19°

M/s, Jagat Singh Sc Sons, c/o M/s. Hansraj Pahwa &

39

1,19,610

1968-69

LU.F.

Bros., Ludhiana H Shri J. C. Aulack C/o M/s. C.R, Aulack & Sons., Ludhi-

••4°

1,63,088 ana . . . . . . . .. Indl,

1967-68

41

1968-69 Shri Jaswant Singh c/o Bombay Motor Trading Com- pany, Kapurthala . . . . ..

Indl.

2,24,410

Shri Joginder Raj C/o M/s. Goverdhan Dass, P.A., Jul-

42

1,11,190

1965-66

Indl.

lundur . . . . . . .. J.M. Bipen Lal Kuthiala, Pathankot (Sh. Bipcn Lal

43

1,64,780

1964-65

HUF

Karta)

44

1964-65 1,66,639

HUF

Sbxi Joginder Lal P.O. M / B. Kishan Chand & Co., For- est Lessees, Jammu . . . . .. Sh. Jai Lal, Puri C/o India Chemical Industries, Amrit-

45

1,08,085

1964-65

Indl.

sar

Shri Krishan Mohan Legal Heir of Lain Sain Dass,

46

C/o Amrilsar Transport Co. (P) Ltd., Amrltsar

Do

Indl. Indl.

1,82,000 1,90,060

1963-64 1964-65 47 48 Shri Krishan Mohan C/o Krishan Mohan & Co., Ghee Mandi, Amritsar . . . . . .. Shri Kishan Chand C/o Kishan Chand & Co., Amritsar

Do.

Indl. Indl. Indl,

1964-65 1967-68 1966-67

2,53,030 i,33,36o 1,60,520 49 50 51

1964-65 1967-68

I389,273 2,84.710

Indl. Indl.

52 53

Shri Kishan Chand C/o Kishan Chand, Dhera Ram, Amritsar . . . . . . .. Smt. Krishna Gupta Prop. M/s. Rajan & Co., Ludhiana H.H. Dr. Karan Singh Ji Union Minister for Tourism & Civil Aviation, New Delhi- . . ..

Do Do

Smt. Likshmi Bhai C/o Ch. Aishi Ram Batra, Srinagar

1964-65 1965-66 1966-67 1965-66 1966-67 1967-68 Do. Do.

HUF Indl. Indl. Indl. Indl. Indl.

2,59,470 2,40,720 1,83,160 1,18,961 1,43,098 1,64,760 54 55 56 57 58 59

1967-68

Indl.

Shri Lakhbir Singh C/o Narain SinghPrem S i n g h, Amritsar . •

1,23.72°

60

Indl.

Shri Madan Chand Kapoor, C/o G.M. Worsted Spinn- ing Mills, G.T, Road, Amritsar . . .. Shri Madan Lal C/o Lal Woollen & Silk Mills, Amritsar Indl.

1964-65 1967-68

1,04,747 1,98,260

61

I

2

4

3

5

Rs.

Indl. Indl.

Shri Maan Singh Wadhawa, Bazar Gujran, Amritsar . Shri Mahia Ram C/o Mala R am Bahadur Chand, Rohtak

1964-65 1964-65

2,38S5°& 2,4^937 62 63

64

1968-69

Indl.

1,05.733

65

1,28,660

Indl.

Shri M.B. Nando C/o Rohtak Delhi Transport Co. i P\ Ltd., Rohtak . . . . .. Smt. Malan Devi C/o M / B. Ghaki Mai Hukam Chand Miller Ganjj Ludhiana . . . ..

1964-65

Miss Meera Gupta C/o M/.9 Meera & Co., G . T. Road,

66

Ludhiana . ..

. ..

IndL Indl.

1967-68 1967-68

1,25,799 i/.25>799 67 68

Miss Mukta Gupta C/o as above . . .. Raja Mohindcr Pal of Kutlchar, 252, Sector 16-A, Chandigarh . . . . . ..

Do

; 1.77,680 2,04,695

HUF HUF Indl. Ind.

2,01,485 1,08,446

1965-66 1966-67 1966-67 I964-<$5

S hn Mohd. Ahsan Wani, Raj Bagh, Srinagur Shri Mohd. Syed Fazili P/. M/s. Syed & C o, Srinagar Shri Manohar Lal C/o M/s. Manohar Lal Narcsh Kum-

69 70 71 72

I ,O I * 4 39 •

ar, Kapurthala

HUF Indl. Indl.

I,OI.354 1,00,456-

1968-69 I968-<& 1964-65

73 74 75

3,30,320

1968-69

Indl.

76

4,06,735.

1965-66

Indl.

Shri Naresh Kumar C/o as above . . .. Shri Om Prakash, Prop. Union Traders, Amritsar Shri Om Parkaah, C/o M/s. Hero Cycle Industries Ludhiana . . . . . .. Sh. Parkash Chand Kapoor, C/o Gokal Chand Rattan Chand, Gokal Market Amritsar . . .. Sh. Parduman Singh C/o Narain Singh Prem Singh,

77

Amritsar . . . . . ..

Do.

Indl. Indl. Indl.

1967-68 1968-69 1967-68

1,13,760 1,15,660 i5o8,53° 78 79 80

Shii Prem Singh C/o as above Shri P.B. Nanda C/o Rohtak Delhi Transport Co. (P.)

Ltd., Rohtak

Do.

Indl. Indl.

1967-68 1968-69

I ,23,fi20

1,16,496

81 82 Shri Pruhlad Kumar C, 0 M/s. Suraj Ram & Sons,

Malaut . .

. . ..

1964-65

Indl.

Shri Padum Raj C/o Goverdhan Dass, P.A., Jullundur . Shri P.N. Beri C/o Leader Kngg. Works, Jullundur Shri H.H, Sir Partap Singh Ji, Maharaja of Nabha, Nabha

Do. . .. Do. Do. . . . .

Indl. Indl. Indl. Indl. Indl. Indl. Indl.

1965-66 I9f4-65 1964-65 196^-66 1966-67 1967-68 1964-65

1,52,343 1.10,750 1,31,280 2,39.385 1,08,460 2,25,720 2,O7,J2O 1,35,903 Shri Ram Rakha Sud, Kulu Shri Romesh Chander P/O M/s. Kishan Chand & Co.

83 84 85 86 87 88 89 90

Forest LcsseeSj Jammu. . ..

Indl. Indl.

1964-65 1965-66

1,68,637 1,01,612 Do.

Master Rajan Gupta, C/o M/s. Meera & Co., G.T.

91 92

1,48,381

1967-68

Indl.

Road, Ludhiana

93

1,22,870

Shri Roshan Lal C/o M/s. R.N. Gupta & Co., Miller Ganj, Ludhiana . . . . .. Shri Ram Nath Gupta C/o M/s. R. N. Gupta & Co.,

Indl. Indl.

1968-69 1968-69 1,21,981 94

Millar Ganj, Ludhiana.

Indl.

1968-69 1,21,910 Shri Raj Kumar Gupta C/o as above Shri Ravi Kumar C/o. Lal Woollen & Silk Mills, Amrit-

95 96

sar . . . . , . * •- Indl,

Shri Ram Parkash C/o. Kishan Chand & Co., Amritasr Iadl. Indl.

1967-68 1966-67 1967-68

1,84,95° 1,59.790 1.42,737 Do.

Shri Satya Pal Virmani C/o. Jawala Flour MillBj Amrit-

97 98 99

3,72,070

1967-68

Indl.

100

sar . . . . . . . .. Smt. Sundri Devi Birla C/o. L a i m an Kumar Birla &

1,31,462

1967-68

Indl.

Co., Amritsar

Sh. Satnam Singh C/o M/s. Narain Singh Prem Singh,

101

1,06,410

1967-68

Indl.

Amritsar . . . . . . ..

102 Shri Satya Nand C/o. M/s. Hero Cycle Industries, Miller

3,26,710

1968-69

Ganj, Ludhiana . . , . . -• Indl.

M/s. Sohan Lal & Sons C/o. M/s. Hans Raj Pahwa &

103

1,20,580

1968-69

HUF

Bros., Ludhiana . . . . . ..

104 Shri Satish Kumar P / O. M/s. Kishan Chand & Co.,

I.7I.575-

HUF

1964-65

Forest Lessees, Jammu . . . ..

I

2

5

3

4

Rs.

105 Shii Sudershan Kumar P/O. .M/s. Kishan Chand &

Co., Forest Lessees, Jammu |i.

Shri Shiv Raj C/o. Govcrdhan Daes, P. A., Jullundur .

1,78,816 -1,00,490 1,00,390

Do.

Indl. Indl. Indl.

1964-65 1965-66 1967-68

106 107 108 Shri Surinder Singh C/o. Bombay Motor Trading Co.,

2,17,280

Indl.

t968-69

Kapurthala

'.

109 Shrimati Saraswati C/o. M/s. Ami Chand Bhola Nath,

1,00,980

[ndl.

Jullundur - . .• . . • • • '.

1964-65

Smt. Satya Devi Nanda C/o. Rohtak Delhi Transport

no

Co. (P) Ltd., Rohtak

110A

1968-69 1964-65

Iji3.i54 1,78,690

in

Indl. Shanti Lal Kapoor Prop. M/s. Basal Tool Co., Patiala HUF M/s. Tansukh RaiRam Nath, Prop. Shri Nand Lal

Ganeriwala, Sin>a . . . . ..

Shri Tclu Ram Jain, Contractor, Jullundur Cantr. Shri Virendra, Prop. M/s. Daily Partap, Jullundur

1,74)491 1,36,687 1,64,084 1^25,304

Do.

1966-67 1964-65 1965-66 r966*67

Shri Vijay Kumar P/o. M/s. Kishan Chand & Co., For-

112 113 114 "5

est Lessees, Jammu

1,40,280

1,10,085

Do.

1965-66 1964-65

Indl. HUF Indl. Indl. Indl. Indl.

116 117 Shri Vinay Kumar P/o. M/s. Kishan Chand & Co.,

Indl.

Forest Lessees, Jammu . . . ..

t964-65 1.52.773

118 M/s. Vibgyor DyesiufT & Chemical Industries, Industri-

1,23,660

al Area, Chandigarh . . . . ..

1964-65

Indl.

L

119 Shri Vinod Kumar C/o. M/s. Pearl Hosiery, Sukhram

1,02,600

        Nagar, Ludhiana                                         Indl.       1964-65
1 20  Shri  Vijay  Kumar,  Legal  Heir  of Shri  Duya  Nand C/o
        Hero Cycle Industries, Ludhiana                         Indl.        1968-69   3,29*560
1 21  H.H.  Maharaja  Yadvindra  Singh Ji, Maharaja of Patiala  Indl.        1964-65   4,01,601
1 22  Shri Yashrai C/o. M/s. Goverdhan  Dass, P. A., Jullundur   Indl.       1965-66   1,13,690
123               Do.                                           Indl.       1967-68    1,00,030

SCHEDULE II

Names of all firms. Associations of persons and Companies assessed on income of over

Rs 10 lakhs during the Financial Year 1968-69

Name of the asscssee

Status Income

SI. No.

Assess- ment yeflr^

assessed under Income- tax Act, 1961.

1

z

3

4

5

Rs.

1

2

Avon Cycles (P) Ltd., Ludhiana • M/s. Atlas Cycle Industries Ltd., Sonepat .

D o.

Groz Backert Saboo Ltd., Chandigarh

Do. D o.

Ltd. Co. Ltd.Co. L t d. C o. Ltd. Co. Ltd. Co. Ltd. C o. Ltd.Co. R . F.

12,26,558 41,78,680 69,44,888 I7>67,457 20,19,117 22,15,814 1,07,52,768 11,05,171

1068-60r*. ^f *^ U ^^^W 1964-65 1965-66 1966-67 1967-68 1968-69 1968-69 1964-65 Hindustan Milk Food (P) Ltd., Nabha . M/s. Kishan Chand Girdhari Lal & Co., Jammu M/s. Oriental Carpet;Manufacturers (India) Private

3 4 5 6 7 8 9

10 11

Limited, Chhcharta, Amritsar . . .. Patiala Flour Mills (P) Ltd., Patiala . . .. Pure Drinks (P) (Bombay) Ltd., Patiala

Ltd. C o. Ltd. Co. Ltd. Co.

20,40,720 18,70,055 29.0IJ966

I967-68 1966-67 1968-69

2

3

4

5

Rs.

12 Road Master Industries of India fP) Ltd., Rajpura M/a. Rattan Chand Harjas Rai (Plastic) (lJ) Ltd., Amritsar M/s. Saraawati ladujtrial Syndicate Ltd., Yatnunaaagir M's. Strav Bo ird Man-tfacniriag C/o Ltd.) HosliiArpur. M's. Sukhjit Surch & Ctiemicjls Ltd., Phagwara.

Ltd. Co. Ltd. Co. Ltd. Co. Ltd. Co. Ltd.

1968-69 1965-66 1965-66 1964-65 1968-69

11,86,443 11.81,990 17.96.45° 15.40,193 21,39,108 13 14 15 16

[No. F. AST/PuJa/4-l/6"-7O.]

S. R. MEHTA, Commissioner.

PRINTED BY THE OENERAL MANAGER, GOVERNMENT OF OTHA F I U M,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, ^POft