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MJNISTIty Ot LABOUR, EMPLOYMENT AND REHABILITATION

(Department of Labour and Emplomeht)

New Delhi, the 16th September 't¹! '

S.O, 3860.—Whereas the Cential Government, he^ r. < :t isii-. 0 \"-:t .he i ublic interest so required, had declared by a notificati -made ;"i p.r "i ic of the p-oyi- sions of the proviso to sub-clause (vi) of clause 'ii) c' section " -f tie Industrial Disputes Act 19*7 il4 of 1947). hein% the rotiti.-p.i^n . the no\e.]'nr.!t o!" India, in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O 12'.,?. dated thp 22n-i ;.Iai>A J9691. the cop "t raining industry, to be a public utility service for the purposes of 1he said Act tor a period of six months from the 25th March, 1969;

And whereas the Central Government is of thp opiii> n that -the nuhl"- interest requires the extension of the said period by a further neriod of six months;

Now, therefore, in exercise of the powers conferred by the proviso to saVrWKe

[No. F. l/60/69-LRI(i) ]

S.O. 3861.—Whereas the Central Government, being sati=fkd that 1V '-,-blic interest so required, had declared by a notification made in rvavuiance of the r. ovi- sions of the proviso to sub-clause (vi) of clause (n) of sectio" ?., of the I^dv-trial Disputes Act. 1947 (14 of 1947). [being the notification of ihe Government of India, in the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) No. S.O. 1274, da+ed the 22nd March, 19691. the lead mining industry, to be a public utility service for the purposes of the said Act fo- a ppnod cf six months from the 25th March, 1969;

Anci whereas the Central Government is of the opinion that the public interest requires the extension of the paid period by v fur'her j.ericd of six months:

Now, therefore, in exercise of the cowers conferred by 1he proviso to su'^-clau^e (vi) of r-l<".us" (n) of section 2 of th- industrial Disnute^ Act. 1947 (14 of 1 f>4 7), the Cen+ral Government hereby declares the said industry to be a public utility service for ihe purposes of the said A^t for a further orriod of six months fiom the 25th September, 1969.

[No. F. 1/60/C-LRI(ii) 1

S.O. 3862.—Whereas the Central Goverr.rpppt. being catisRpd that the public interest so required, had declared by H notificTikn made i" nursuance of the r-rovi- Ri'ons of the proviso to sub-claus° (Vi> of clause (n> of section 2, of the Industrial Disputes Act, 1947 (14 of 1947). [being the notification of the Government of India, in the Ministry of Labour, Emplovmert and "Rehabilitation (Department of Labour and Employment) No. S.O. 1273, dated the 22nd March. 19R9], the ?inc min'ng industry, to be a public utility <^>rvice for the purposes of 'he said Act for a period of six months from the 25th March, 1969;

And whereas the Central Government is of the opinion that public interest requires the extension of the said period by a further period of six months;

Now, therefore, in exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of section 2 of the Industrial Disputes Ac*, 1947 (14 of 1947), the Central Government hereby declares the said industry to be a public utility- service for the purposes of the said Act for a further period of six months from the 25th September, 1969.

[No. F. 1/60/69-LRKiii).]

New Delhi, the VIth September 1969

S.O. 3863.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Bombay, in the industrial dispute between th° employers in relation to the British India General Insurance Company Limited, Bombav and the Zenith Assurance Company Limited. Bombay and their workmen, which was received by the Central Government on the 15th September, 1969.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2.

BOMBAY.

REFERENCE NO. CGIT-2/25 OF 1968

Employers in Relation to the Briti&h India General insurance Co., Ltd., and Zenith Assurance Co., Ltd., Bombay.

AND

Their Workmen

PRESENT :

Shri N. K. Vani.—Presiding Officer.

APPEARANCES :

For the employers.—Shrl S, V. Mokashi, Labour Adviser and Shri D. K- Dastur, Manager.

for the Workmen. —Shrl K. S. B. Pillai, Joint Secretary, All Jndia Insurance Employees' Association, Calcutta. Shri N. G. Hule, Group Secretary, General Insurance Employees' Union, Western Zone, Bombay,

INDUSTRY: General Insurance.

STATE: Maharashtra.

Bombay, dated the 1st September, iWd.

AWARD

By order No 74(12)/66-LR1V dated 7th January, 1967, the Government of India, In the Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment) referred to the Central Government Industrial Tribu- nal, Bombay for adjudication an industrial dispute existing between the employers In relation to the British India General Insurance Co., Ltd., Bombay and the Zenith Assurance Co., Ltd., Bombay and their workmen represented by the All India Insurance Employees' Association, Calcutta. In respect, of the matter set forth In the Schedule as mentioned below

SCHEDULE

"Whether the following demands put forward by the workmen are justified?"

Charter of Demands

I. All the demands contained hereinbelow shall apply to all the employees em- ployed In India In the British India General Insurance Co., Ltd., and the Zenith. Assurance Co., Ltd.

II. Classification of Employees:

The employees shall be classified into the following categories:— (A) Sub-Staff and Head Peons shall be placed in Grade rA' (B) Drivers shall be placed in Giade 'B' (C) Assistants including Telephone Operators, Typists, Adrema Machine Operators shall be placed in Grade 'C

(D) Senior Assistants, Senior Typists, Assistant Cashiers, Stenographers shall be placed in Grade 'D'.

(E) Sectional Heads shall be placed In Grade 'E'.

III. Scales of Pay:

(A) 120—5—150—-192—8—240 in 19 years. (B) 180—0—-192—8—240—10—300 in 14 years. (C) 200—10—260—15—350—20—490 In 19 years. (D) 276—15—350—20—450—25—600 in 16 years. (E) 325—25—100—30—550—40—750 in 13 years. N. B.—These Scales of Pay are determined as at 1949 base year. (100 points of the All India Working Class Consumers' Price Index after shifting the base from 1939 to 1949.)

IV. Deamess Allowance:

Dearneas Allowance shall be paid at the rate of 1 per cent of basic pay lor •every rise of one point of the All India working Class Consumers' Price Index (1949 base—100 points) up to a basic salary of Rs. 300 and I per cent per point for basic salary above Rs. 300 up to Rs. 400 and 4 per cent per point for busic salary above Rs. 400 with a minimum of Rs. 50. The published Index figure

V. Adjustment:

An employee shall be fitted into the new sca'e on a stage to stage basis.

VI. Special Allowance;

Employees engaged in work mentioned below and /01 designated as below¹ shall be entitled to Special Allowance per mensum in addition to their salaries and emoluments In the manner stated below:

(a) Bank Peons, Despatch Peons, Head Peons, Flanking Machine anil Dup- licate Machine Operators and wch other employee:.- Rs. 20 per month.

(b) Typists, Telephone Opeiatois, Cashier, Adrema Operators, Boardereaux

writing clerks and ELK h other employees. Rs. 30 per month.

"VII. Special Increments:

Besides the above, the employees shall be entitled to special increment lor passing the following examinations, on the scale shown against eat-h examination.

On Graduation:

2. increnu Is

On passing the following examinations:

1. Licentiate or A.C.I.I. Part I ") 2. A.F.l.I. Part 1 or A.C.I.I. Part 11 J- 1 increment, for earh •A. A.F.I.l. Part II or A.C.I.I. part III. j part. 4. Chartered Accountant. J 5. F.F.I.I. or F.C.I.I. (in 3 pails): 1 increment for each part.

Graduates appointed as assistants and Stenographears shall get a starting salary higher by two increments with the maximum raised correspondingly. Those Graduates, Assistants and Ste.jof^aphers WHO have not received the Incre- ments shall also get two increments. The Assistants passing any of the above examination shall have the maximum of their respective grade raised corres- pondingly in accordance with thp additional increments.

Vill. Other Allowances:

IX Anictiiies:

Subsidies:

U) Tix1 i-looks ioi all the recoiinis^d examinations shall be supplied by 1^0 t ompany. ExamLiaUon lee fhall be paid by the employer after Liie employee IJ;I:>SJS LHU e - n.'j^atioii

(li) Adequate subsidy shall be giv?n lor Sports, Recreation and Cultural Activities oi the H I I I I I O ^ L-

(ni) All the employee'-" shall 1 e entitltd to a Free Personal Accident (Annual) Policy, ihe premiums of which shall be borne by the employer. The sum a.iAueirl uf su'h a .;oli

(iv) 75 per cent subsidy r chpap canteens lor supply of whole-some food I'"- the m il oyets or in lieu thereof an allowance at the rate d Rupee one a- 1 nit/ liaise shall he paid to r>irt) employee for each working day.

X. L ice:

C i nul L'juv—IT) d-iys ci.'-ual ¹ ,\" :-h')jld b? giv^n in a caloiKl.u year. 6 days iw i'i le,iv? May be granted Vi ^ i," • 'i Casua leave may bo prefixed and suiT.xci' •) LoMrt iys and Sundays.

Tn r a sp ol p r o l o n g ed i l l n e -s f u r t i i ^r M I¹'; 1 • >-o w i th h a lf p ay s h o u ld bo a l l o w- ed up to e m o n t hs a nd a n o t h er 6 m o n t hs v i t h o u+ p a y.

XV. Gracwiiy;

An employee who ceases to be in the employment of the Company for any reason whatsoever shall be paid gratuity at the \ ,ito of one month's last dravvn wages multiplied by the number .;! years sty vice, part of the year over six; months oeing reckoned as one year tor this purpose.

In the, case of death, the gratuity [.hall be paid to his/her nominee.

X Vi il^Ltniuijitt Age:

The. age ol retirement ol any •' Mp'ojee shall be 60 years.

*

XVII. Provident Fund:

(i) AL1 pemiaiife:A-l employees inall Le mado members of the Provident Fund.

(iii The rate OJ¹ contribution v.oul'-i be 10 per c^nl OT LU: t u ^I imcir-iicnts, i e, Dasic pay jjjas dcanics--, ,\U'jwa-.v.:e p-us special s. uwancc, any, s'L.h equal c^nt^buru-ij by ihe i^u.npam,. The employees o+ ^ ' I L L; 5 , - l a vy \\ i i i . nK t. _ : i r , . , ( J 3 a J in c ' i / it ,1:^.^1. j i r om " 'j L' U..M , r y.

(iii) Unciain-'j 1 lund hlmuid be distributed y o - r a la - . \ ; iy .' ct y^r-" oraiHifJsL tji? existing erayloyces I i om ti. -c Lu L T., .

(r, J . ' a ll 1 m e ' i ts of Lhu F u nd sliould oo jjeiin.L.oJ, to t he employee;; on completion ot five years oi service.

( v; Jv.-£.n n'jiii t'io Pii-'v'i _nL JC und Ui t he extent oJ! G i months Salary or 90 per cent of the empLoyefca' contribution whichever is more shall be a ancod to t he t'liipLoyet.., at a time.

XVIIt. l/m.'o/'/n.s to Em^nyfcs in-the (riadtis A and B:

An employee of Grade A and V shall be provided with the following outfit annually:

1. Summer Uniforms : Three sets.

2. Umbrellas : One.

J. /o nwvir : Two pairs,

4. Rain Coat : One for tho&e who arc to do out-door duties !i. Caps or Headwear : Two.

G. Winter Uniform • Two sets of Woollen Clothes.

XIX Ai i • .,nci; DWLVQ Suspension.

During the suspension of an employee, he shall be paid nn allowance equal to 75 per cent of his total \va§et.

XX. Cunjirmailon :

Empl'>vee:> shul he confirmed after 3 moiths probationary service auto- matically.

XXI. F,o ..,-,,is:

No ;\ho'A rrciiultment shall be marie in Grades D and E. A higher post and ail vac, \cL:s o, such posts r-hnlt be filled in bv way of promotion from among the em'stint i,tafl. The promoiinna shall be made on the basis ol seniority and mei'if, c the employees. Employers in Grades A and B sh;ill be absorbed in Grade : on passmf the S.S-C , S-S.L.C: or equivalent exaroinaticn.3 or Licea- tiete Examnation of Federation of Insurance Institute.

XXII. Tramfer-

No emsloveo shall be transferred from one plnce to another without his prior consent nnd unless ;+ is by way of promotion to higher grade.

XXIII. Trade Vniov Rights:

The All India Insurance Employees' Association and its affiliated units shall continue to be given due recognition rmd siirh facilities as providing Trade Union

Office and allowing to hold Trade Union Meetings in Office premises and hanging Notice Board of the Union should be granted.

XXIV. Holidays:

All Holidays declared as Public Holidays under the Negotiable Instruments Act 1881 shall be granted to the staff.

XXV. Special Holidays:

An employee shall be granted special holidays on such Festival days which are not declared as holidays under the Negotiable Instruments Act but the total number of such days shall not exceed six days in a year.

XXVI. Existing Rights and Privileges:

Nothing contained In this Charter shall adversely affect or take away from any employee or Group of employees any right, privileges or usages, practices or conventions, amenities or other conditions of service that are already vested in or enjoyed by such employee or group ol employees

XXVII. Date o] Effect:

All benefits stated in this Charter oi Demands shall have effect on and from the 1st day of January, 1966.

2. Later on this reference was transferred to this Tribunal No. 2 lor adjudi- cation under Order No. 22/8/68 LRII1 dated 25th November. 1908.

3. On 3rd August, 1967, the Joint Secretary of the AH India Insurance Emp- loyees' Association, Bombay has filed written statement at Ex. W/l extending over U5 pastes. Alongwith the written statement many schedules and annexures have been affixed.

4. Messrs. British India General Insurance Co-, Ltd-, and M/s. Zenith Assu- rance Co. Ltd., Bombay have filed written statement at Ex. E /l on 25th March, 1967. These compares have filed rejoinder at Ex E/3 on 30th November 1967 extending over 23 pages.

5. On fith May, 1969, the General Managers of M/s. British India Genera) Insurance Co. Ltd., and M/s. Zenith Assurance Co. Ltd., and the Joint Secretary of the All India Insurance Employees' Association gave application for adjourn- ment on the ground that negotiations were going on between the parties- On llth June, 1969, the parties jointly Rave application stating that discussions for amicable settlement were still continuing, that they expected a settlement and that the hearing be postponed. On 17th July, 1969. another common application for further adjournment of the hearing on the jjround that they were trying jjenuinely for a negotiated settlement was Riven. The case was therefore adjourned. Thereafter the case was fixed for hearing on 20th August, I9fS9, but on 19th August, 1969, the parties appeared in the Court and produced a settlement requesting that the Award be made in terms thereof. On that dav the Tribunal was out on tour Hence this case was fixed for hearing on 1st September, 1969.

0. In the meanwhile, application was given on 28th August 1469 stating that the settlement produced in the Court on 19th August, 196') be taken into conside- ration and that the Award be made In terms of the Settlement,

7. A perusal of the settlement marked Annexure 'A' shows that the narties have effected settlement in respect of each demand. On going through this settlement, which runs over 'i\ paces and considering it in the light of the de- mands made by the employees in respect of which Ihi^; reference bss b on "Tsr'e I find that the negotiated settlement be 1 ween the parties is fair, just and equitable I accent the same

8 In the end T pass the following o'-der:—

ORDER

1. Award in terms of settlement marked annexure 'A' Is made.

2. Settlement rmrked 'Annexure 'A' is to form part of this Award.

3. No order as to costs.

(Sd.) N. K VANI,

PrpsHine Officer Central Government Industrial Tribunal No. 2,

Bombay

ANNEXURK A

Memorandum of Settlement

Name 0/ Forties.—The British India General Insurance Co., Ltd., and The Zenith Assurance Co., Ltd , Registered and FrincLonl Offices al Mehta House, Apollo Street, Fort, Bombay-1.

and

The Workmen employed by The British India General Insurance Co., Ltd., and The Zenith Assurance Co , Ltd-, in their Offices in India.

Representing Employers.—M. S, Dastur, General Manager, The British India General Insurance Company, Limited, and The Zenith Assurance Com- pany, Limited.

Representing Workvien.—K. S. B. Piltal, Joint Secretary, The All India Insurance Employees' Association, Calcutta-

This settlement made this 14th day of August, 1969, between The British India General Insurance Company, Limited, and Zenith Assurance Company, Limited (hereinafter referred to as "the Companies") and the workman employed by the Companies, in all their Offices in India, represented by The All India Insurance Employees' Association (hereinafter referred to as "the Association").

Whereas the Association submitted a Charter of Demands on behalf of the Workmen employed by the Companies Jn their various Offices.

And whereas the Charter in so far as it relates to the Workmen was referred to adjudication by the Central Government Industrial Tribunal and was marked as Reference CGIT No, 2/25 of 1968.

And whereas the parties had arrived at an Interim Settlement for payment of Interim Relief and Ad Hoc payments of one month's gross remuneration in the manner laid down in the Interim Settlement dated 30th May, 1966.

And whereas pursuant to further negotiations the parties have now arrived at the following Settlement (hereinafter referred to as "the Settlement") to the intent that it will be binding on parties under Section 18 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").

And now it is hereby agreed by and between the Parties hereto as follows: —

1. Commencement of the Settlement:

This Settlement shall apply to the Workmen employed by th° Companies in all their Offices in Indin, with, effect from January 1, 1968, except where stated to the contrary.

2. (a) Salary Scales :

The following salary scales shall be introduced in all the Offices of the Com- panies in India: —

(t) Assistants 'B' grade . 150—8(5)—190—10(8)—270—

EB_i3(5)~335—.i;(7)—44° (in ²5 years)

(including Clerks, Telephone Operators, Brftdma Ma-

chine Operators and Typists) (if) AiiUuiti-Stcnographers . 174—8(5)—214—10(8)—294—

EB—13(5)—339—15(7)—464 (in 25 yearB)

(iii) Assistants 'A* grade . . 200—10(6)—260—15(7)—365—

EB~l8(3)—419— 20(6)—539 (in 22 years)

(including Clerks, Telephone Operators, Bradma Machine

Opcratorb, Typists, and Stenographers).

(iv) Sectional Heads . . 330—20(5)—430—25(10)—$8o (in 15 years)

(v) Peons . . .. go—3(10)—120—4(5)—140—

5(10)—190 (in 25 years)

Hawaldar. or Head Peon will be given two additional increments, with the maximum raised correspondingly, if such additional increments have not already been given to them. The above provision shall only apply when there ore four or more than four peons attached to any one individual Office.

(OT) Drivers . . .. 130—4(9)—166—5(10)—216—

6(3^—234

(in 22 years)

(vil) The Management may employ workmen In 'C grade In the Offices except at Bombay and at the following Offices: —

1- Ahmedabad 2. Calcutta 3- Delhi 4. Madras 5. Nagpur

Assistants'C grade . . 135—6(5)—T65—8(5)_2O5_EB

—IO(8)_283_I2(;)_345 (in 23 years)

(including Clerks, Telephone . erators and Typials)

NOTE,—Once a workman in 'C. 'B\ 'A', Stenographers', Peons' and Drivers' relative grade has reached the ceiling of his scale of pay, he shall receive one addi- tional last grade increment every alternate year, subject to a maximum of 3 such increments, i-e. 3 increments in 6 years.

, The above provision shall apply on and after the effective date of Settlement, i.e. 1st January, 1968, and the first such additional last grade increment shall be given on 1st January. I960, irrespective of such workmen having reached their ceiling of their scale of pay on or before 1st January, 1988.

2. (b) Classification of Workmen:

The Workmen shall be divided into—

(1) Assistants (2) Sectional Heads (3) Peons (4) Drivers

Assistants shall be divided into four grades—

'C, 'B', 'A', and Stenographers, as above, wherever applicable Peons shall Include Chowkidar.

The existing classification of the workmen In different Offices shall continue, except where stated to the contrary.

2. (e) Adjustments:

The following amounts shall be added In the basic salaries drawn by the Work- men, as at 31st December, 1967, in the following Grades: —

'C Grade Rs. 75/- 'A', 'A' Stenographers', and Sectional Heads' grade . . , Rs. 65/- Peona and Drivers . . . . . . .. Rs. 50/-

After addition of the merger referred to above, the fitting in, in the revised grades shall be:

1. Workmen, who would be in receipt of. the basic salary which is less than the starting basic salary, of the respective revised scales, shall be stepped up, to the minimum of the revised scale.

2. Workmen, who would be in receipt of the basic salary, which is higher than the starting basic salary of the respective scales, but which is not a step in the revised scale, shall be stepped up In the next higher revised scale.

3. Workmen, who would be in receipt of the basic salary, which Is in step with the step in the revised scale shall be fitted at that step in the revised acale.

Similar amounts indicated in Clause 2(c) above shall also be added to the basir salaries, in respect of Workmen, who were appointed on and after 1st January, 1968,

2. (d) Abolition of 'C grade in Delhi Office and fitting in of such Workmen jrom 'O grade to 'B' grade:

The 'C grade will be abolished in the Controlling Office at Delhi. All the exist- ing workmen in the 'C grade in that Office will be fitted in the 'B' grade, as at Jst January, 1968, in accordance with the fitting in referred to in Sub-Clauses 1, 2, and

3 of Clause 2(c) above- As the monetary benefit will be substantial, those Work- men who have completed 2 or less than 2 years' service as at 31st December, 1967, will not be given any Increments for the years 1988 and 1969, but those workmen who have completed more than 2 years' service but less than 4 years' service, as at 31at December, 1967, will be Riven one grade increment in the revised scale of pay, i.e. for the year 196?) only. However, for all workmen so transferred to 'B' grade, their future increments will be according to their relative 'B' grade.

3. Classification of Offices;

The Companies' Offices in India shall be classified as under:--

Category'A' . . . Offl;es situ^e at—Bombay, Calcutta Delhi,, Madras. Ca*e)forv 'B' . . Offices situate at—Ahmedabad, Coimbntore Jaipur, Kanpur, I.ucknow, Nagpur, Poona, ShUlong, Sri- nagar.

Category 'C _ . \.ll other existing Offices situate elsewhere or that may

he opened hereafter in India

4, A- Dearness Allowance:

In place of the existing Dearness Allowance Scheme, obtaining differently in different Offices of the Companies, the following Scheme of Dearness Allowance shall be introduced. (1) Fur the Assistants

At

At Category

Category 'B' Offices •c

At Categor\ 'A' Offices

Rs. 50/-

Offices R',. 30/-

. Rs, 6S/-

50%

45%

45%

2 0%

2 0%

2 5%

1 0%

to%

1 0% Upto Rs. TOO/- basic salary FromRs. 101 toRB. 225/- FromRs. 226/- toRs. 300/- . Rs. 300/- and above

(2) For the Peons and Drivers

Rs. 407- Re. 25/-

R s. 5 5 /- 80%

65%

65% U p to R s. i o o / - b a s ic s a l a ry N e xt R s. 1 0 0 /- a nd a b o ve . . . ..

4- B. Adjustment in Dearness Allowance:

The above Dearness Allowance scales are on the basis of the All India Consumer Price Index for working class (Base 1949—100) at 170.

For every 5 point rise or fall in the All India Consumer Price Index—170 (Base 1949 = 100),j e. when it exceeds 174 or falls below 186, the above Deamess Allow- ance shall be increased or decreased as under;

s%

U p to R s. 1 0 0 / - b a s ic s a l a ry F r omR s. T o i / - t o R s. 2 0 0 /- . . . .. 1 ' r o m R s. 2 0 1 /- t o R s. 5 0 0 /- . . . . ..

24% Ij%

No adjustment under Clause 4. B- above shall be made on that portion of the basic salary which is in excess of Rs. 500/-.

The maximum Dearness Allowance for the Assistants, Sectional Heads, Peons and Drivers, inclusive of adjustment, shall be:

/1 At At Category 'A' Category 'B' Ci tef c 1} 'C Offices Offices Offices

Rs. 350/- Rs. 350/- Rs. 300/-

The Dearness Allowance adjustment shall be on the basis of the quarterly average of All India Consumer Price Index over or below 170, and shall be made on the basis of the average of the All India Consumer Price Index for the quarter last preceding the previous quarter, i.e. for the first quarter of any year, the adjustment shall be on the basis of the average of the 3rd quarter of the previous year, and so on.

For the purposes of calculating Dearness Allowance, on the basii of the average quarterly index, a fraction of l/3rd of the average quarterly index will be Ignored, and a fraction of 2/3rds will be rounded up to one.

5. House Rent Allowance:

House Rent Allowance shall be paid to the Workmen of the following Offlcea situate at the following cities only: —

1. Ahmedabad

2. Bombay

3. Calcutta

4. Delhi

5. Madras 6. Nagpur

at ihcrau of:

For AmitaiHs jnl Jectional Heads IV. 15/- per month I'orPeons and Drivtrs R^ 10/- per month

6. Special Allowance:

Workmen engaged in work mentioned below, and/or designated as below, shall be entitled to Special Allowance per month, in addition to their monthly emolu- ments, in the manner stated below: —

(a) Bank Peuns:

The cash carrying allowance shall be paid to the peons at Offices in Category 'A' and Category 'B' only, as follows:

(I) One peon working in each of the Offices in category 'A¹, carrying cash to and fron^the Bank, shall be entitled to an allowance of Rs. 10/- per month.- •"

(ii) One peon working in each of the Offices in category 'B', carrying cash to and from the Bank, shall be entitled to an allowance of Rs. 0/- per month.

(b) Gestetner Machine Operators: An allowance of Rs. 10/- per month shall be paid to the Gestetner Machine Operator at the Head Office, and an allowance of R's. 5/- per month, at any other Offices in category 'A' only, where there are Gestetner machines, and which are operated upon regularly for taking out not less than 500 copies in a month.

(c) Bradma Machine Operators:

An allowance of Rs. 15/- per month shall be paid to each of the Bradma Machine Operators (Embossors as well as Printers), at the Head Office.

(d) Cashiers:

An allowance of—

(i) Rs- 15/- each per month for not more than two Cashiers at the Head Office,

(ii) Rs. 10/- per month for one Cashier at other Offices in category 'A', (ill) Rs. 10/- per month for one Cashier at other Offices in category 'B' pro- vided there Is a separate post of a Cashier there,

shall be paid.

7. Special Increments:

(b) In addition to what is stated in (a) above, the Graduates with the follow- ing Insurance Diplomas or such of those Graduates who will pass the following Diploma Exminations will be given increments as under: —

A.F.I T. . . i it Part \ One increment. A.C.I. I. . . 2n (Part / A.i-M.l. . . 2nd Part \ One additional increment, (in alllwo increments) A.C.I.I. . . 3r.l Part / F.I'.1.1. . . Final "\ One additionul increment, (in jll three increments) F.C.I.T. . . Final / (c) Non-graluates with the following Insurance Diplomas will be given additional incre- ments as under:—

Licentiate oj l;.I.l, ")

or Y One increment.

A C.I.I. . . tstPim I A. KM. r;,t Purt "] One additional increment. A.C.I.f. . . 20,1 Part J- (in all two increments) A.]'.1.1. . . 2nd Part I One additional increment A.C.I.I. . . qrJ Purt ] (in all thiee increments) F.F.I.l. . . Final V One udditionalincrcment F.C.I.T . . Final J (in alUour increments)

(d) Sectional Heads.—Notwithstanding what is stated above, the Sectional Heads shall be entitled to one additional increment only, ii the} pass Part II of A.F.I.I. or Part III of A.C.I.I., and one additional increment (in all two addi- tional increment^) for passing Final of F.F I.I, or F.CI.I.

The following Accounts Diplomas have been recognised by the Management:

1. The Corporation of Certified Secretaiies, London.

2. The Corporation of Accountants, Glasgow.

3. The Chartered Accountants' Examination, India Part I.

Those whj pass Part I of the a'bovc Examinations, will be paid one additional increment and those who pass the final Examinations will be paid one further additional increment, i.e. in all two increments.

The above increments will be given effect to from the date of declaration of the results.

NOTE 1.—Those workmen, who have been or will 'se given additional Incre- ments under this heading, the maximum of their respective grades shall be raised correspondingly.

NOTE ?.—Any workman, who has passed any o£ the above examinations, and who would otherwise qualify for such Special Increments, and who has not been given the same, by virtue of the previous 'Settlements', if any, shall be paid such Special Increments, from the effective date of the 'Settlement', i.e 1st January, 1968, provided the case of such workman has not been already specially considered in any manner,

8. Other Allowance*:

(a) Overtime AUowance.—-Over time Allowance shall be paid at the role prescribed under the Shops and Establishments Act, as applicable to various States for this purpose, for week-days and other holidays declared under the Negotiable Instruments Act.

Over time allowance shall be paid only when a workman works over time, under the authority from the Management, for more than 3|4ths of fm hour a day, and a maximum, of 2 hours a week, 8 hours a month, and 24 hours a year. However, such free over time work, as shown above, shall be taken only in exceptional circumstances. For calculating payment of over time allowance 25 days will be considered as one month.

'

The workmen shall be required to work over time on the instructions of the Officer-in-Charge. An exception will be raad

(b) Officiating Allowance.—(i) Every workman in 'C\ 'B', Stenographers, and 'A' grade and every Sectional Head who officiates for a higher grade work- man or person for fifteen or more days, under express orders from the Manage- ment, shall ]be paid Officiating Allowance at the rate of 33-113 Der cent of tJ" difference between the Basic Salary and Dearness Allowance drawn by the offi- ciating—workman and the Basic Salary and the Dearness Allowance of the higher grade workman for whom he officiates. The Management undertakes to pass express orders to a workman to officiate in the post of the higher grade workman who proceeds on leave. If, however, that workman is found unsuitable he will be asked to relinquish the charge. The choice of accepting the orders is left to the workman.

8. (b) (ii) Special Allowance;

(a) Allowance during Privilege Leave Period,—The Special Allowance would continue to be drawn by a permanent workman while on privilege leave only. A workman, who is asked to work temporarily in his place, for more than 15 days in the post carrying the Special Allowance shall also be entitled to ruch Special Allowance.

(b) Allowance during Prolonged Sick Leave.—If the workman in the higher grade in away on prolonged sick leave for more than one month, and for whom another workman in the lower grade is required to officiate, then the workman who officiates shall receive any Special Allowance, which is being paid to the workman in the higher grade, and the workman in the higher grade shall not continue to receive the Special Allowance after ons month of such prolonged sick leave.

8. (c) Washing Allowance for Peons and Drivers:

The practice prevalent at present, for payment of washing allowance, at the different Offices and at the Head Office, shall continue,

If washing allowance is not paid at present to the peons and the drivers, by any office, then in that case the amount l0 be paid for washing peons' and Drivers' uniforms, shall be based on the local cost of washing,

9. Amenities; Subsidies: (i) Fees for recognised Insurance examinations and the cost of such Insurance examination text books and'or written courses connected thereto as prescribed by the Federation of Insurance Institutes and not exceeding 3 in number shall be reimbursed to the employees on their successfully passing such recognised Insurance examinations.

The text books and all other written course prescribed for such examinations shall 'become the property of the Companies, on the workmen successfully pass- ing such examinations.

It shall be incumbent on every workman in each of the Offices desiring to avail of the above facility to verify from the Office concerned, whether it is in possession of Insurance examination text books andlor written courses connected thereto, as prescribed by the Federation of Insurance Institutes.

(ii) The present practice of giving subsidies for existing Sports activities in any office of the Companies' will continue,

10. Leave;

(a) Privilege Leave: (i) Every workman shall be granted Privilege Leave at the rate of ono day's leave for every eleven days of continuous service, i.e., 33 days in a calendar year with, a right to accumulate such leave upto a maximum Of 120 days. No leave shall be granted for more than 60' days at a stretch, except under special circumstances when the Management may, at their discretion grant leave for 120 days at a stretch. This leave can be encashed for one month, provided that the employee has to his credit not less than 60 days and that he goes on leave for at lerat one month.

only.

Maximum encashment of privilege leave in a year shall be limited to 30 days I

Apart from the emergency, the privilege leave shall not fee availed of lor more than twice In a calendar year.

Applications for privilege leave shall be made atleast 15 days in advance.

^A. workman who is on privilege leave shall not, in normal course, request for extension, of such privilege leave. However, in case such extension is due to sickness or other unavoidable circumstances, prior application, for extension of privilege leave shall be made before the expiry of the privilege leave already granted. Failure to apply shall result in loss of pay for the days of his absence from- duty, after the expiry of the sanctioned leave.

The Management, on receipt of such application, may refuse to grant the extension applied for, where, in the opinion of the Management, the ground on which extension is applied for, is not justified. Such absence shall also be treat- ed as absence on loss of pay.

(il) Privilege Leave applied for but refused by the Management, due to exigencies of service in any year, will not be allowed to lapse, in case it exceeds 120 days accumulation,

(b> Casual heave: A workman shall be allowed 10 days casual leave per calendar year, to meet casual and unforeseen circumstances or, not more than the maximum number of days laid down In the Shops and Establishments Act, as applicable to the various States,

Not more than 3 consecutive days' casual leave shall be allowed at a time, except in special circumstances, the Management may, at their absolute discre- tion, grant casual leave upto six days.

Casual Leave may either be prefixed or suffixed, but not both, to Sundays and public holidays as declared under the Negotiable Instruments Act.

Casual Leave shall not be availed of, as far as possible, unless previously applied for and sanctioned by the Management.

The need for previous application and permission can be waived only in cases of absence due to illness, or accident, or other urgent reasons deemed reasonable by the Management.

Casual Leave cannot be accumulated.

10. (c) Sick Leave.

(i) Ordinary Short Sick Leave.—A maximum of 15 days in one calendar year is permitted without accumulation, provided no such sick leave is taken for more than 6 continuous working days at a stretch. If any workman is away from duty on account of sickness, then he must produce a Medical Certificate on the 3rd day. Even if he is away on account of sickness, he has to inform the Management immediately either by a letter or by telephone or 'bv other means. If no intimation is given to the Management or Medical Certificate sub- mitted, such period may be deducted from his Casual Leave or Privilege Leave, as the case may be. l[3rd "f the Short Sick Leave granted by the Management a*d taken by the workman will be deducted from the Casual Leave or Privilege Leave, as the case may be.

(ii) Prolonged Sick Leave.—(a) During the entire period of his services a workman shall be granted prolonged sick leave with full pay on medical -certifi- cate at the rate of 20 days for each year of service for a period not exceeding in the aggregate 270 days.

(h) In case a workman during his service avails himself of the full period granted in Clause (a) a

(Uj) (c) After a -work has exhausted his Prolonged Sick Leave on full pay and half pay as provided in Clauses (a) and (b) above, he can avail of further Pro- longed S_Ick Leave without any pay at the rate of 10 days for each year of ser- vice for a period not exceeding the aggregate 135 days during the entire period of his service and during the absence on such sick leave, he shall however have a lien on his job during this period of 135 days' Prolonged Sick Leave.

(11) (d) Notwithstanding what is stated in (a) above, regarding Medical Certi- ficate, the Company may, at Hs option have the workman medically examined by a Medical Practitioner appointed by the Company.

10. (d) Maternity Leave:

A married female worker, who has been confirmed in the services of the Com- pany, shall be granted Maternity Leave with full pay, for 12 weeks, to be taken 6 weeks before confinement and 6 weeks after confinement.

* ^ ^eave a f t er confinement shall be deemed to be granted only on production of a Certificate from a Registered Medical Practitioner, confirming iL coniln^ 1L"t. Normally, Maternity Leave shall not be granted in conjunction with either the prolonged sick leave, or the privilege leave. In cases of genuine hardship how- ever, the Management, at its absolute discretion, may make an exception.

Maternity Leave shall be granted for two confinements only, after the date of

10. (e) Examination Leave:

Study leave and leave for sitting for the examinations conducted by the Fede- ration of Insurance Institutes, Bombay, and/or the Chartered Insurance Institute. London, special leave for 10 working days shall be granted, provided the work- men successfully pass such examinations. The workmen availing of this special study leave for the Insurance examination,?, must appear for such examinations. Those who sit for the examinations and fail, in such rase, only 5 working days' special sludy leave shall be granted, and the balance of 5 working days shall be debited to the casual leave or, if the casual leave is exhausted, then to the pri- vilege leave. Those workmen who avail of 10 working days study and sitting for, examination leave for the Insurance examinations, but do not sit for such Insurance examinations, for whatever reason, then 10 working days' special study and sitting for examination leave shall be debited to the casual leave or, if the casual leave is exhausted, then to the privilege leave.

(f) Special Leave:

Leave under this heading shall be granted only to those workmen, who are selected as delegates by the All India Insurance Employees' Association, or ita affiliated Bodies. This leave shall be granted for the actual number of days taken for travelling from the place where the workman works, to the place where the Conference of the All India Insurance Employees' Association, or its affiliated Bodies, is, to be held, and for the return journey, plus 3 days or the actual number of days of Conference, whichever is less.

Such Special Leave shall be granted only once in a year. The number of per- sons to 'be granted such leave shall not be more than 2 at the Head Office, and not more than one at each of the other Offices, where the total number of workmen employed is not less than 5.

11. Security of Service:

(a) No workman of the Company shall be dismissed from service, without his being given full and reasonable opportunity to rebut the charges framed against him.

(b) No retrenchment will be effected, without sending notice to the respective Groups of the afflillated Bodies of the All India Insurance Employees' Association.

12. Working Hows:

The working hours shall not be less than 36 hours for the Assistants and Sec- tional Heads, and less than 42 hours for the peons in a week. The actual spread over of the working hours in each office shall be arranged with mutual agreement between the Management and the workmen of the respective office.

NOTE.—This particular Clause shall have effect on and from 15th October 1969, In the Officers where the Working Hours are different,

Grace Time:

A grace time of 10 minutes in attendance will be allowed to the workmen, be- fore being marked late. It is understood, however, that the concession of grace time is not to be considered as a privilege, for coming late t0 the office regularly, or often. Adequate reason shall have to be adduced, for late attendance beyond 10 minutes. Any workman arriving after the grace time shall mark his actual time of arrival, on the Muster Roll.

Any •workman, arriving late by more than one hour after the scheduled time, but before lunch break, on week days other than Saturdays, shall be marked with half day casual leave, on days other than Saturdays.

Similarly, any workman arriving late by more than 3/4ths of an hour after the scheduled time, but before H hours after the scheduled time, on Saturdays, shall be marked half day casual leave. If the casual leave is exhausted, then his privi- lege leave shall be debited.

If a workman is late for more than B days in a calender month, then for every subsequent 2 days late-coming, one day shall be deducted from his casual leave, or if there is no casual leave, then from his privilege leave. If no casual leave or privilege leave is due to the workman, the absence shall be treated as 'leave on loss of pay', and necessary deduction from the salary shall be made.

in Bonus Subject to prior sanction which may be required from the Government, it fe: agreed that an annual Bonus equivalent to minimum of tjyo months' basic salary, as per the present practice, shall lie paid to all workmen, covered by this 'Settle- ment', until such time as the provisions of the Payment of Bonus as provided for in the Insurance (Amendment) Act 1968, are made applicable to the Companies, when payment of Bonus will be governed by the provisions laid down in that Act.

14. Free Medical Aid: The practice prevalent at present at the Head Office shall continue.

For Offices where there are no Medical Retainers, reasonable medical expenses not exceeding Rs. 25 may be paid, on presentation of medical bills accompanied by a Certificate from a Registered Medical Practitioner, whose treatment was availed of by the workmen, during illness. Bills exceeding Rs. 25 shall be referred to Head Offices along with such Certificate for their consideration as heretofore.

For serious and prolonged illness, payment of medical expenses may be con- sidered by the Board of Directors, at its entire discretion.

15. Gratuity:

Every workman shall be paid a Gratuity as follows: — 1. On the death or permanent disability certified by the Medical Practitioner appointed by the Company, one month's aalarly for each year of service subject to a maximum of 20 months' salary shall be paid to a workman or in case of his death to his heirs, executors, or administrators.

2. On resignation of a workman:

(a) After 10 years of continuous service with the Company but before com- pletion of 15 years of continuous service, half a month's salary for each year of service shall be paid,

(b) After 15 years continuous service but before the completion of 20 years continuous service 3/4ths month's salary for each year of service shall be paid.

3. (a) On retirement on attaining the age of 60 years or on voluntary resigna- tion of a workman, in either case after 20 years of continuous service with the Company, 20 months' salary shall Ibe paid.

(rb) On retirement on attaining the age of 60 years but before completion of 20 years continuous service, gratuity will be paid at the rate of one month's basic salary for each year of service.

4. On termination of a workman's service by the Company, gratuity as under shall be paid:

(a) For retrenchment:

One month's salary for each completed year of service subject to a maxi- mum of 20 months' salary.

(b) For termination of a workman's service by the Company for any reason other than retrenchment:

(i) For 5 years' service or more but less than 10 years' service with the Company, 30 per cent of one month's salary for each completed year of service.

(li) For 10 years service or more 'but less than 15 years of continuous ser- vice with the Company, 70 per cent of one month's salary for each completed year of service,

(iii) For 15 years continuous service or more, one month's salary for each completed year of service, subject to a maximum of 20 months' salary.

5. In the event of dismissal of a workman, for gross misconduct involving financial loss to the Company, the amount of gratuity, if any payable, in terms of the above Rules shall ibe reduced by the amount of financial loss caused to the Company by the misconduct, resulting In the termination of service.

6. Notwithstanding anything stated to the contrary in the above Rules, the total amount of Gratuity payable shall not exceed Rs. 35,000.

Explanation.—'Salary' for the purpose of calculating gratuity shall mean basic salary last drawn exclusive of Dearness Allowance, other Allowances, and all other perquisites.

16. Retirement Age: Normally, every workman shall retire on attaining the age of 60 years. The Management, however, at their discretion, may grant further extension.

17- Provident Fund; 1. A Workman may be allowed to contribute upto 15 per cent of his basic salary as his own contribution to the Provident Fund, but the Company's con- tribution will remain at 8-l|3 per cent of his annual basic salary. Once a work- man has opted for a rise in percentage of his contribution to the Provident Fund, his option shall be final.

2. It is agreed that a minimum interest of 3 per cent shall be paid, but if more interest is earned, it will accrue to the benefit of the Provident Fund Account.

Any surplus in the Lapse and Forfeiture Account will be distributed periodi- cally among the existing Members of the Provident Fund, at the time of declara- tion, who are entitled to Company's contribution to Provident Fund, at the end of a year, in proportion to the amount standing to their credit. The Trustees, at their absolute discretion, have the right to transfer such amounts, as they may consider necessary, from the Lapse and Forfeiture Account to Reserve for Depreciation in Securities of the Provident Fund.

Amendments suggested in para 1 and 3 above, are subject to approval by the Income-tax Authorities, when the Provident Fund Rules will be amended ac- cordingly.

18. Uniforms tw Peons and Drivers:

The Peons and Drivers shall be given 2 coats and 2 pants, one pair of chap- pals, one cap, and one umbrella every year. These workmen shall, at the time of renewal, return the old articles. Adequate number of rain coats shall be kepi in the Office for the use of outdoor duty peons. Any loss must be immediately reported by the workman concerned, to the Management.

In the offices, however, where winter uniforms are required to be given, the peons and drivers shall be given one woollen coat and one woollen pant, every alternate year

In the offices where the practice of (jiving uniforms ta the peons and drivers is not prevalent, then the same may be introduced as early as possible.

19. Allowance During Suspension: The Management agrees to pay 50 per cent of the basic salary with Dearness Allowance to a workman, who is suspended pending investigation and enquiry of the charges levelled against him. In case the workman is exonerated, he shall be paid the entire basic salary with Dearness Allowance for the period of suspen- sion, i.e. he shall be considered as not having been suspended

20. Confirmation: No workman shall be kept on probation for a period of more than six months, after which he Khali either be made a permanent employee, or his services may be terminated during the period of probation.

21. Promotion:

As far as possible, Senior posts will be filled in from the existing staff, at the absolute discretion of the Management, after considering the workman's quali- fications, ability, efficiency, and knowledge.

22. Transfers:

The transfer of workmen from one Department to the other, or from one Section to the other Section of the same Department, in the same Office, shall be made by the Management only in case of exigencies of the Companies' busi- ness, and the Seniority of the workman shall be maintained.

23. Trade Union Activities:

The Company will, as far as reasonably practicable, allow space for preserv- ing the documents and other materials connected with the 'B.I.G.' and 'Zenith' Group affiliated to the said Association.

The said Group will be allowed to hold the meetings in the office premises, with the previous permission of the Management.

24. Holidays:

All public holidays declared by the respective State Governments, tinder the Negotiable Instruments Act, shall be granted, except June 30, and Decem- ber 31, or such holidays declared by the State Governments, which relate to the affairs of the Banks.

25. EpiUing Rights and Privileges:

All the existing rights and privileges other than those discussed and agreed upon, shall continue.

26. Period and Scope of the Settlement; (a) Period.—This 'Settlement' shall re- main in force upto December 31, 1971. The 'Settlement' shall continue to remain in force thereafter, until it is terminated by either party giving a notice of two months, in writing, to the other, after 31st December, 1971.

(b) Scope.—ThS 'Settlement' shall only be apphcab'e to all the workmen for whom grades are fixed under this 'Settlement, a id who are in the service of the Company as at the date of signing of this 'Settlement' or thereafter. How- ever, monetary benefits, if any, accruing under this 'Settlement' shall be given to those workmen, who have retired, or died, from the services between the effective date of this 'Settlement' and the date of signing of this 'Settlement', Monetary benefit, so accrued, under this 'Settlement', shall be adjusted, towards tha full or partial recovery of the Interim Relief paid and one month's gross A.S. Hoc Payment, and the Interim Relief thereon, paid to such workmen piiur to the date of retirement or death.

(c) The Companies shall refund, without interest, such Interim Relief and Ad Hoc gross payment with Interim Relief thereon, wherever recovered, from any workman, who has ceased to be in the services of the Companies by virtue of retirement or death, between the period January 1, 196& to the effective date of this 'Settlement', i.e., January 1, 1988.

(d) Those workmen who have resigned from the services of the Companies between the period January ], 1968 to the date of signing of this 'Settlement' shall not be entitled to any benefit under this 'Settlement'. The Companies shall, however, refund, without interest, such Interim Relief and Ad Hoc gross payment with Interim Relief thereon wherever recovered from any workman, who has resigned from the services of the Companies, between the above period.

27. General:

(u) In consideration of this 'Sett'cment', all the demands which are subject matters of dispute in Reference C.G.I.T. No. 2|35 of 1968, and which are not specifically covered by this 'Settlement', shall be deemed to be settled as having been withdrawn, and the workmen shall not aigitate on the said demands, during the currency of this 'Settlement',

(b) All payments accrued to the credit of the workmen, as a result of this 'Settlement' shall be paid as early as possible, 'but not later than 3 months from the date of signing of this 'Settlement'.

(c) In view of the fact, that this 'Settlement' shall be effective from January 1, 1968, the Companies agree to waive tne recovery of one month's Ad Hoc gross payment, which was paid by way of Advance, for each of 1h& years 1&66 and 1967, and also the Interim Relief paid to the woikmen for the period' January 1, 1966, to December 31, 1967.

As this 'Settlement' is effective from January 1, 1968, the worKmert in the services of the Companies on the effective date of the 'Settlement' shall not claim any benefit thai, may accrue on account of revision of wages or other conditions of service under this 'Settlement' for the period January 1, 1986, to December 31, 1967.

„

(d) For the purpose of calculating the arrears in respect of the basic salary, the Dearness Allowance and House Rent Allowance, wherever applicable, pay- able to the workmen, commencing from January 1, 1968, the total monthly earn- ings (excluding over time) payable under this 'Settlement', shall be worked out and the total monthly earnings (including the Interim Relief but excluding over time, if any earned) already drawn upto the date of signing of this 'Settlement' of the respective workmen for the above-mentioned period shall be deducted, and the balance after making deductions towards Provident Fund and Income-tax shall be paid to the respective workmen as arrears payable under this 'Scttltment.'

(e) It is hereby by both the parties, that the adjustment on account of Bonus already paid for the year 1 DOS, on trie revised ijlaiy ;,cuki, shall be main' and paid in two equal instalments, pamely:

(i) First instalment shall 'be paid at the time of the payment of airear", and (ii) second instalment shall be paid before February 28. 1970,

(f) It is further agreed that the payment towards adjustment due to the revised salary scales for-

(i) encashment of leave availed of, and (ii) adjustment in Officiating Allowance, together with Interim Belief thereon,

m the year 1968 and onwards, upto the date of signing of this 'Settlement', shall also be made wherever due, together with the 2nd instalment of Bonus, before February 28, 1970.

It is further agreed, that there shall not be anv adjustment with regard to the payment of over time with Interim Relief thereon already paid on or before the date of signing of this 'Settlement'.

(g) The Companies shall recover one month's Ad Hoc gross payment includ- ing Interim Relief thereon, paid in October 196B, in 20 equal monthly instalments, the first of such instalment commencing on and from the month of October 1969. i.e. the amount of the first instalment due from the workmen shall be recovered at the time of payment of their salaries for the month of October, 1969.

If however, any workman ceases to be in the services of the Companies, for any reason whatever, before he has repaid the above amount in full, the balance of the remaining instalments of such amount shall become puyable immediately, and the Companies shall recover such balance in a lump sum from any amount that is due or shall become duo to him.

(h) Any dispute arising out of the interpretation of any Clause of this 'Settlement' shall be settled between the parties to the dispute, bv mutual dis- cussions. Failing this, the parties shall resort to the provisions of the Industrial Disputes Act, or any other Law for the time being in force.

(i) It is agreed by the Management, that those workmen who complete 20 years' continuous service with The British India General Insurance Company, Limited only, shall be paid by way of reward a lump sum amount equivalent to their three months' basic salaries drawn on the date of completion of 25 years' continuous service, or Rs. 500, whichever is mOre.

(i) This 'Settlement' is arrived at with a sincere intention of maintaining cordial relations between the workmen and the Management. The Management and (he workmen shall carry out the terms of this 'Settlement' in its true spirit.

(k) The parties shall make an application before the Central Government Industrial Tribunal in Reference C G.T.T. No. 2[25 of 1968, to make an Award in terms of this 'Settlement'.

The parties shall also send copies of the 'Settlement' under Section 18(1) read with Section 2(p) of the Industrial Disputes Act, 1947, to the various Authorities prescribed under the Act.

In witness whereof the parties have hereto set their hands the day find year first above written.

For and on behalf of the Workmen toy For and on behalf of The British India the All India Insurance Employee,¹;' General Insurance Company, Limi- ted, Bombay, and The Zenith Assur- Asaociation, Calcutta. ance Company, Limited, Bombay.

Illegible

Illegible Joint Secretary. General Manaiger.

Witness: Witness;

1. N. G. MULE.

1. N. C. SHROFF.

2. B. D. RECK.

2. D. K, DASTUR.

[No. F. 74(l2)/fi6-IJRIV(IRI).]

ORDERS

New Delhi, the 16th September 1969

S.O. 3864.—Whereas an industrial dispute exists between the employers in rela- tion to the D.S. Office Staff Canteen, Northern Railway, Bikaner and their work- men represented by the Palana CoJHery Mazdoor Union, Bikaner;

And, whereas the said employers and workmen have, under sub-section (1) of section 10A of the Industrial Disputes Act, 1947 (14 of 1947), agroed to refer the dispute to arbitration by arbitration agreement and have forwarded to the Central Government under sub-section (3) of section 10A of the said Act a copy of the said arbitration agreement;

Now, therefore, in pursuance of sub-section (3) of section 10A of the said Act, the Central Government hereby publishes the said arbitration agreement which was received by It on the 1st September, 1969-

Agreement

(under Section 10-A of the Industrial Disputes Act, 1947)

BETWEEN

NAMK OF PARTIES:

Shri Narctidra Dim, Chairman, D.SI- Office Staff Canteen Conimitiee, ISTonhcin Railway, Bikaner.

Dr Jawaharlal Ajmani, Patron & Officer of Palana Colliery Mazdoor Union, 6, Khajanchl Building, K.E-M. Road, Bikaner.

It is hereby agreed between fhe parties to rctcr the following industrial Di&pute 10 ihe prbitre- tion of Shu T.G. Moorjani L.E.O. (CX Indian Institute of Labour Studles,New Delhi now under orders of transfer 10 the office of the Regional Labour Commisfioner (Central), Ajmtr.

i. Specific matter in dispute "Whether termination frcm services of Shti Jagan Nath Halwai, an employee of D.S. Office Staff Canteen, Northern Railway, Bikaner by its Secretary, with effect from r~-VT"J6S ij legal and Just:fled. If not L i w'v"r Viliii'"" ~ is eniitled.

i. Shri Narendra Dutij Chgiimtn. D. S. ii. Details ot the parties to the dispute in-

cluding the name and address of the Es- tablishment or Undertaking involved.

Office Staff Canteen Committee, Norihern Railway, Bikaner. 2. Dr.Jawaharlal Ajmani, Palron & Officer of Palana Colliery Mazdoor Union 6, Khajanchi Building, K.E.M. Road, Bikaner.

iii. Name of the Union, if any, representing Palana Colliery Mazdoor Unior, 6, Klia- the Workmen in question.

janchi Building, Bikaner.

1 2.

iv. Total number of workmen employed in the

undertaking affected.

i.

v. Estimated number of workemen affected or likely to be affected by the dispute.

We funher agree that the decision of the Arbitrator Bhall be binding on us.

The Arbiirator shall make his award within a period of Sk months or within such further time as it is extended by mutual agreement between us in writing. In case the award is not raade wilhin ihe period aforementioned, the reference to arbitration shall stand automatically crncelled and we shall be free to negotiate for further arbitration.

Representing Employer! ;

Signature of the parties. I. Sd/- Narendra Dutt (Narendra Dutt)

Represented Workmen : 2. Sd/- Jawaharlal Ajmani

(Jawahwrlal Ajmani)

Witnesses—

1. Sd/- Illegible. 2. Sd/- Illegible.

[No. 2/7/69/LRTI.]

S.O 3865.—Whereas the Central Government is ol opinion that an industrial dispute exists between the management of Messrs Vanguard Insurance Company Limited, Calcutta and their workmen in respect ol the matters specified in the Schedule hereto annexed;

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

Now therefore, in exercise of the powers conferred by clause (d) sub-section (1) ol section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Govern- ment hereby refers the said dispute for adjudication to the Industrial Tribunal, Calcutta, constituted under section 7A of the said Act.

SCHEDULE

"(1) Scales ol pay of subordinate staff and Assistants and method ol adjust- ment.

(2) Dearness Allowance. (3) Gratuity. (4) Age ol Retirement. (5) Provident Fund. (6) Leave Rules. (7) Confirmation (8) Date of effect of award."

[No. 23/19/69-LRIIKLRI).]

New Delhi, the 17th September 1969

S.O. 3866.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the British India General Insurance Company Limited, Nagpur and their workman in respect of the mat- ters specified in the Schedule hereto annexed;

And, whereas the Central Government considers It desirable to refer the said dispute lor 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), the Central Government hereby refers the said dispute for adjudication to the In- dustrial Tribunal, Jabalpur, constituted under section 7A of the said Act.

SCHEDULE

"Whether the action of the management of the British India General In- surance Company Limited. "Nagpur In terminating the services ol Shrl D. S. Variava with effect from the 1st February, 1969 is legal and justified? If not, to what relief is Shri Variava entitled?"

[No. 25/18/69-LRIII (LHI).l

New Delhi, the 19th September 1969

S.O. 386"J.—Whereas the industrial dispute specified in the Schedule hereto annexed is pending before Shri P. P. R. Sawhney, Presiding Officer, Industrial Tribunal, Chandigarh;

And whereas the services of Shrl P. P. R. Sawhney have ceased to be avail- able;

Now, therefore, In exercise of the powers conferred by sub-section (1) of section 33B of the Industrial Disputes Act, 1947 (14 of 1947), the Central Gov- ernment hereby withdraws the proceedings in relation to the said dispute pending before the Industrial Tribunal, Chandigarh and transfers the same to the Central Govrenment Industrial Tribunal, Delhi constituted under section 7A of the laid Act, and directs that the said Tribunal shall proceed with the said preceedirgs from the stage at which they are transferred to It and d'spose of the same accord- Ing to ]*\v.

SCHEDTJI.S

SI. Nc i Parries to the depute

Reference No. and date

S.O. No, of Gazette and year of publication

2899/69 1.

23/62/68-LRIII

The Punjab National Bank Limited and their

workmen

dated 7th July, 1969

[No. 23/62/eft/LRIIT.T

S-O. 3868.—WHERFAS the Central Government is of opinion that an industrial dis- pute exists between the employers in relation to the Dehri Rohtas Light Railway Company Limited, Dalmianagar and their workmen in respect of the matters specified in the Schedule llereto annexed;

And, whereas thc'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-sectio n (l)Iof section 10 of the Industrial Disputes Act, 1947 (J4 ot 1947), the Central Govcrnmen t hereby refers the said dispute for adjudication to the Central Government Industrial Tribunal (No. 2), Dhanbad) constituted under section 7A of the said Act.

SCHEDULE

"Whether the demand of the workmen, whose particulars are given below, employed by the management of Dehri Rohtas Light Railway Compnay Limited, ijaimianagar. District Shahabad, that they should bt made permanent is justified.

N a me of t he worker

Designation

Date of SI. No.

appointment

Sri R am K u m ar Singh . . .. Sri Mukhan Prasad Sri Radha Prasad Sri Raj N a th . . ..

1 2 3 4

B . T . M. T u r n er Electric Khalasi Khalasi Loco Khalasi

14-12-63 4-5-*3 21-11-6^ 11-7-63

51. No

Name of the worker

Designation

Date of appointment

I.oco Khalasi Hammerman

• B.T.M. Blacksmith

Hammerman

5 6 7 8 y

- Khalasi • B . T . M. l'itter - Khalasi

ii 12

Do. Do. Do.

13 T4 15

Sri Seo Prasad . . . .. Sri Laxmi Ram . . . .. Sri Bikchand Sharma Sri Javvahar . . . .. Sri Raj Keshwar . . .. Sri Bachan Ram Vishwakarma Sri Chaturbhuj Jha . . .. Sri Jang Bahadur Singh Sri Bhagat Singh Sri Prabhu Sri Kuwan Singh • - .

. Pointsman

1-12-66 8-11-64 8-11-64 16-7-63 11-6-66 1-1-63 11-7-63 11-7-63 1-12-66 27-11-63 6-4-66

If so, to what relief are the above workmen cntited ?"

[No. 2/49/68/LRIII.]

S.O. 3869.—Whereas the Central Government is of opinion that an industrial dispute exists 'between the employers in relation to the Oriental Bank of Com- merce Limited and their workmen in respect of the matter 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 Dispuptes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the Central Government Industrial Tribunal, Delhi constituted under section 7A of the said Act.

SCHEDULE

"Whether the action of the management of the Oriental Bank of Commerce Limited. New Delhi in terminating the services of Shri Hari Singh, Guard, with effect from the flh May, 1968 was justified? If not, to What relief is he entitled?"

[No. 23/32/69/LRIIL]

S. S, SAHASRANAMAN, Under Secy.

(Department of Labour and Employment)

JVe* Delhi, the 16th September 1968

S.O. 3870.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Cen- tral Government Industrial Tribunal (No. 2) Dhanbad in the industrial dispute between the employers In relation to the Bhowra Colliery of Messrs Karamchand Thapar and Brothers (Private), Limited, Central Office Bhowra, Post Office Bhowra (Dhanbad) and their workmen, which was received by the Central Government on the 6th September, 1969.

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

DHANBAD

PRESENT

Shri Nandagirl Venkata Rao, Presiding Officer

REFERENCE NO. 11 OF 1968

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

PARTIES :

Employers in relation to the Bhowra Colliery of Messrs Karamchand Thapar and Brothers (Private) Limited, Central Office, Bhowra, Post Office Bhowra (Dhanad),

AND

Their workmen

AWPEAHANCES :

On behalf of the employers.—Shri K. C. Nandkeolyar, JJy. Chief Personnel Officer On behalf 0/ (fie workmen.—Shri Ram Mltra, Secretary, Bihar Koyala Mazdoor

Sabha.

STATE: Bihar.

INPLTSTHY: Coal.

Dhanbad, 3rd September 1969

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers In relation to the Bhowra Colliery of Messrs Karamchand Thapar and Brothers (Private) Limited, Central Office, Bhowra, Post office Bhowra (Dhanbad) and their workmen, by its order No- 2/128/68-LRII dated 2fith Septem- ber, J968 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;

SCKEDUIK

"Whether the management of Bhowra Colliery of Messrs Karamchand Thapar and Brothers (Private) Limited, Central Office, Bhowra, Post office Bhowra (Dhanbad) is justified in suspending the following workmen for the period shown against each of them?

Name of worker and designation

Period of suspension

27-9-1967 to 2-10-67 and 3-6-68 to 4-6-68. Do. Do.

Shri Satai Ribidas, Pick Miner Shri Ramdhan Gope, Pick Miner Shri Ramcharan Gararia, Pick Miner Shri Somar Chowdhury, Pick Miner Shri Ramdular Jaiswara, Pick Miner

. 2-10-1967 and from 3-6-1968 to 9-6-68. . 30-9-1967 to 2-10-1967 and 24-6-1968 s. No. 1. 2. 3- 4- 5-

to 28-6-1968.

27-9-1967 to 4-10-1967. 24-9-1967 to 3-10-1967. . 7-11-19671016-11-1967.

Shri Manohar PaSii, Pick Miner Shri Peyaia Lal Kandu, Onsetter Shri Ramfer Jaiswara, Pick Miner

6. 7- 8.

If not, to what relief are these workmen entitled?" 2. Workmen as well as the employers filed their statement of demands. 3. On 22nd July, 1969 Shri Ram Mltra, Secretary, Bihar Koyala Mazdoor Sabha representing the workmen and Shri K. C. Nandkeolyar, Deputy Chief Personnel Officer representing employers filed a joint memo stating that they have compro- mised the dispute involved in the reference amicably on the terms mentioned in the memo. The compromise memo was duly verified. The terms of compromise appear to me fair and beneficial to the workmen. Hence, the compromise is accept- ed and the award is made in terms of the compromise and submitted under Section 15 of the Industrial Disputes Act, 1947. The compromise memo is annexed herewith and made part of the award.

(Sd.) N. VENKATA RAO,

Presiding Officer,

Central Government Industrial Tribunal

(No. 2), Dhanbad.

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

IN THE MATTER OF

REFERENCE NO. 11 or 1968 Employers in relation to Bhowra Colliery AND Their workmen represented by Bihar Koyala Mazdoor Sabha. Joint Petition of Compromise

It Is most respectfully submitted that the parties abovenamed have compromised *he dispute amicably on the following terms;—-

(1) That the management agrees to reduce the. period of suspension by half In each case excepting the case of Sri Peryarelal Kandu (S. No. 7) of the Reference.

(2) That the payment will be made within a fortnight.

It is therefore, prayed that award may kindly be given In terms of the- setffc- ment neremabovo and for that act of kindness, the parties shall as in dutr bound ever pray.

Tor workmen

For employers

K. C. NANDKEOLYAW

D y. C n i ef peraonnel RAM MITRA Secretary, Bihar Koyala Mazdoor Sabha, Officer.

Dhanbad: M/s. Karamchand Thapar Dated 22nd July, 1969.

and Bros.

[NOL 2/128/6B-LRII.J s

New Delhi, the 17th September 1969

S.O. 3871.—In pursuance of section 17 of the Industrial Disputes Act 1947 (14 of 1947), the Central Government hereby publishes the following award of the Central Government Industrial Tribunal, (No. 3), Dhanbad, In the industrial dis- pute between the employers in relation to the Managing Contractor, Golden SInidih Colliery, Post Office Katrasgarh, Dhanbad and their workmen, which was received by the Central Government on the 2nd September, 1969.

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 3) AT DHANBAD.

REFERENCE NO. 78 OF 1968

PRESENT :

Shrl Sachldanand Slnha, M.A.M.L., Presiding Officer.

PARTIES :

Employers in relation to the managing contractor, Golden SInidih Collieryv

Vs.

Their workmen.

APPEARANCES :

F&r workmen.—Shri P. Burman, Secretary, Khan Mazdoor Congress.

For employers.—Shri S. S. Mukherjee and Sri B. Joshl, Advocates.

INDUSTRY: Coal.

- STATE.- Bihar.

Dhanbad, dated the 22nd of August, 1969,

AWARD

1. The Central Government, being of opinion that an industrial dispute exist* or is apprehended between the employers hi relation to the Managing Contractor, Golden Sinidih Colliery, Post Office Katrasgarh, Dhanbad and their workmen, by its order No. 2/1/67-LRII, dated the 3rd of February, 1967 referred to the Central Government Industrial Tribunal, Dhanbad under section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication the dispute in respect of the matters specified in the schedule annexed thereto. The schedule is extracted below:—

SCHEDULE

" 1. (a) W h e t h er Shrl C h a n d a n m u ll Jain, Managing Contractor at Golden Sinidih Colliery, Post Office Tundoo, District-Dhanbad w as justified in refusing employment to t he w o r k m en detailed below with effect from t he 10th November, 1966?

Name

Designation

. .. . Mining Sirdar.

. Haulage Khalasi. . Trolly Man. Do.

Munshi.

. Guard.

1. ShriRojan Mian . . .. 2. Shri Jang Bahadur Singh . 3. ShriNathu Mahato . . .. 4. Shri S omar Mah^to . . .. 5. S hd Prabhu Narayan Tiwary 6. ShriOnkar Yadav . . ..

N a me

Designation

Trolly Man.

7. S h ri N a k ul M a h a to 8. S h ri G o v i nd M a h a to . . . ' . ' . '. 9. S h ri N a n du M a h a to . . . . , ' " .'

Do. Do. Do.

Pick Miner. Wagon Loader. Pick Miner.

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

Soft Coke Maker.

s

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

Trolly Man. Pick Miner.

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

Trolly Man. Pick Miner.

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

1 0. S h r l S u r e a h P a n d cy 1 1. S h r l G u h i M a n j hi . . ' . '. 1 2. S h ri B h u na B h u i an . 1 3. S h ri M a ta M a n j hi . 1 4. S h r i Y a d u M a n j hi 1 5. S h ri K a li C h a r an M a j hi . .. 1 6. S h r i H a r o o M a n j hi . .. 1 7 - S h r i S a h d c o M a n j hi . . ." 18. Shri Karamchand Manjhi . . . 19. ShriHublal Manjhi . 20. Shri Rasik Manjhi 21. Shri Sarkar Manjhi 22. Shri L"dhu Manjhi 23. ShriJ^geahwirRhuh 24. Shri Etwari Bhutan 25. ShriBanwariBhuian 26. ShriPanchu Bhutan 27. Shri Ramu Bhuian 28. Shri Bishu Bhuian 29. Shri Khare Bhuian 30. Shri Amrit Bhuian 31. Shri Harl Kumar 32. Shri Arjun Manjhi 33. Shri Gangoo Manjhi . . . . . .. 34. ShriRamSahay Manjhi 35. ShriHaradhan Manjhi 36. Shri Sohrai Manjhi 37. Shri Chhota Manjhi 38. ShriSambhu Manjhi 39. Shri Hard Manjhi 40. ShriBargha Manjhi 41. S'lriSukar Mahato 42. Shri Chhotan Manjhi 43. Shri Babu Ram Manjhi No. I 44. ShriRamdhan Manjhi No. I 45. ShriRaghuM'mjhi 46. Shri Bodi Manjhi 47. Shri Sarwan Manjhi 48. Shri Bibu Rim Manjhi No. II 49. Shri Jagoo Manjhi 50. Shri Jugal Majhi . . . . . .. 51. Shri K^ngal Manjhi 52. Shri Churka Manjhi 53.ShriRamlhanMa1jhiN0.il 54. Shri Bodhan Maajhi 55. ShriChhotu Manjhi 56. ShriRitbaran Manjhi 57. ShriBigtooManjhi 58. ShnParan Manjhi 59. Shri Manghoo Manjhi 60. ShriBabulalManihl 61. ShriRaghu Manjhi 62. Shri Manjllu Manjhi 63. Shri Kinoo Manjhi 64. Shri Khara Manjhi 65. Shri Bhukal Mahato 66. Shri JyotiRawani

Trolly Man.Fitter Mistry.

(b) If not to what relief are the workmen concerned entitled?

2. (a; Whether Shri Chandanmull Jain, Managing Contractor at Golden Smidih Colliery, Post Office Tundoo, District-Dhanbad was justifled in refusing employment to Shrr Ramjan Mian, Bailing Mazdoor, from the 10th November, 1966 to the 1st December, 1966?

(b) II not, to what relief is the workmen, entitled?"

2. The Central Government Industrial Tribunal, Dhanbad registered the rfe- ference as reference No. 9 of 1967. on its nle. While it was pending there, the Central Government by its order No. 8/25/67-LRII, dated the 8th of May, 1967 transferred the dispute to the Central Government Industrial Tribunal No. 2, DhanDad where it was registered as reference No. 207 of 1967. The Central Government by its subsequent order No- 8/71/68-LRII, dated the 13th of August, 1968 transferred the dispute to this Tribunal and here it has been numbered as reference No. 78 of 1068.

3. On the 9th of November, 1967, the Secretary, Khan Mazdoor Congress Jled the written statement on behalf of the workmen. Their case is that the Golden Slnidih Colliery, Post Office Tundoo (Dhanbad) is owned by Shrl Hit Narayan Singh and from the beginning of 1966 Sri Chandanmull Jain was ap- pointed as the Managing Contractor of the Colliery. Since that time complaints about non-payment, less-payment, and delayed payments began to grow and ac- cumulated and even in spite of the efforts of the Labour Enforcement Office (<-) to effect any Improvement in this regard nothing was done. The Khan Mezdoor Congress on behalf of the workmen began to press for improved payment On the representation of the Union the Assistant Labour Commissioner Dhanbad UJ undertook on the spot enquiry on 9th November, 1966 and found the complaints of the Union to be substantially correct. The management as a retaliatory measure, stopped working of the Colliery from the following day of the spot en- quiry i.e. from the 10th of November, 1966 in order to beat down the workers resistance.

4. On 16th November, 1966 the Union raised an industrial dispute before the Assistant Labour Commissioner, Dharibad-I, alleging refusal of employment to the workmen of the Colliery by the management from the 10th November 1966 During the conciliation proceeding on 1st December, 1966 Shri Chandanmull Jain who represented the management agreed to allow 42 workmen to loin work from 2nd December, 1966, excepting only Ramjan Mia, a Bailing Mazdoor The management did not attend any further proceeding of conciliation on anv of the dates fixed for the same.

5. The management thereafter employed casual labour at lower rates and continued their unfair labour practice and still continuing the same The management has thus thrown out the old and permanent employees and sought to replace them with casual labour at lower rate of wages, only because the old workers wanted proper payment according to law and awards. The Union there- fore, prayed for re-lnstatement with full back wages to all the 66 workmen listed In Schedule l(a) and lull wages and other benefits to Ramjan Mia Bailing Maz- door far period from 10th November, 1966 to 2nd December, 1966, as if he worked on all these days.

6. The employers filed their written statement on 23rd December, 1968 Their tase is that the Golden Sinidih Colliery is situated on the bank of the river 'Khudii' which poses a great danger to the lives of the persons engaged in min- ing operations during the period between 15th June and 31st October. The min- ing operations remain suspended every year during that period as per the order of the Mines Department. But in the year 1968 the Mines Department permit- ted the working of the mine in the day-shift only during the period 15th June to Slst October under the severe restrictions. According to them the coal seams lying within the leasehold of this property are geologically disturbed and the continuity of coal seams gets lost very often. Thus availability of coal faces for the workmen remain uncertain and unpredictable. Therefore, as a rule the workmen in need of temporary jobs take their employment In this Colliery for a short time and as soon as they get permanent employment elsewhere, they volu- ntarily abandon their services without notice and thus the mine is being worked with mostly temporary and casual workmen,

7. According to the management none of the workmen mentioned in the schedule to the reference was refused employment from 10th November, 1966 or on any day in the year 1960.

8. The management has made out specific case against the 67 concerned work- men and they are mentioned in paras 9 to 16, and 25 of their written statement. 9. In para 9 of the written statement It is alleged that the concerned work- man Sri Jag Bahadur, mentioned in serial No. 2 was appointed on 8th March, 1965 and he continued in his services till 17th July, 1967 and on 18th July, 1967 he submitted his resignation and left his employment.

10. In para 10, it 13 alleged that the workmen Sri Rojan Mian, mentioned in Senul JSo, 1 of the Schedule was appointed on 12th November 1962 and he con- tinued in his service till the end ol June, 1%7 and lelt iub employment alter suDiiiHUng his resignation.

11. In paragraph 11 ol tbs written statement it is alleged that the workmen mentioned in serial No. 06, Si'l Jyou Rewani was appointed on 15th October, 1958. This workman abt,eiued himself from duties from dlst January, Wbti upto TO August, 1966 and voluntarily abandoned his appointment. The concerned work- man was re-appointed on 7th August, 1966. He again absented from his duties on 28th 29th and 30th October, 1966 and he wab issued a chargesheet lor mis conauct. He was buspended for 3 days and was asked to resume his duties. The workman did not report for duties, but left the colliery without any information.

12. In paragraph 14 it is alleged that the workman Sri Babulal Manjhi, work- man mentioned in serial No. GO of the schedule of reference was appointed only on 16th November, 1966 i.e. much after the alleged date of stopping from duties.

13. In paragraph 12 of the written statement it is alleged that the following 15 workmen were never in employment of the concerned colliery viz. workmen mentioned in serial Noa. 6, 10, 12, 19, 29, 31, 33, 40, 42, 48, 52, 57, 59, 64 and 65.

14. In para 13 of the written statement it is mentioned that the following 7 temporary workmen left their employment at the time of closure of the concerned mine (I.e. from 15th June upto 31st October) for one shift due to danger of in- undation. These workmen are mentioned in the serial Nos. 3, 4, 15. 18, 39, 44 and 46.

15. In para 15 of the written statement It is alleged that the following 13 workmen continued In their employment much beyond the alleged date of refusal of employment viz. workmen mentioned In serial Nos. 32, 34, 55, 45, 36, 49, 16, 17, 20, 58, 62, 5 and 61.

16. In paragraph 16 it is mentioned that 27 workmen mentioned below were purely casual workmen, viz. workmen mentioned in serial Nos. 7, 8, 11, 13, 14, 2], 22, 23, 24, 25, 26, 27, 28, 35, 38, 39, 41, 43, 44, 48, 47, 50, 51, 53, 54, 59 and 57.

17. In paragraph 25 it la alleged that Sri Ramjan Mia workman mentioned in item No. 2 of the Schedule was appointed on 2nd February, L966. He however, remained absent without any permission or authorised leave from 10th November, 1966 to 1st December, 1966. The management however, did not take any dis- ciplinary action for this misconduct, but permitted him to join his duties from 2nd December, 1966.

18. Therefore, according to the management the concerned 67 workmen are not entitled for any relief.

19. The management examined Sri H. P. Banerjee, the manager of the Golden Sinidlh Colliery (MW. 1) and Sri Chandanmull Jain, the Managing Contractor (MW. 2). They also filed 14 items of documents and they are marked as exhibits M-l to M-14. On behalf of the workmen 7 witnesses were examined and they are WW-1, Sri Sahdeo Manjhi, workman mentioned in serial No. 17, WW-2 Sri Mata Manjhi, workman mentioned in serial No. 13. WW-3 Karamchand Manjhi workman mentioned In serial No 18, WW-5, Jyoti Rewani, workman mentioned In serial No. 66, WW-6 Onkar Yadav, workman mentioned In serial No. 6 and WW-4 Sri K. Sharan, who was the Assistant Labour Commissioner, Dhanbad (1) at the relevant time. The workmen also filed 5 Items of documents and thev are exhibited as W-l to W-5,

20. The point for consideration is whether the management was justified in refusing employment in respect to 66 workmen mentioned in item No 1 of the schedule with effect from the 10th of November. 1966? The next point for con- sideration is whether the management was justified in refusing employment to Sri Ramjan Mia, Bailing Mazdoor from the 10th of November 1906 to the 1st December, 1966?

21.The case of the Union is that Sri Chandanmull Jain, Managing Contractor at Golden Slnidih Colliery had been committing irregularities in the matter of payment to the workers employed by him at the said colliery- Moreover, Sri Chandanmull Jain did not record the names of mining workers In the attendance register and the various other registers required to be maintained under the

various labour laws. When the Union Insisted for correct payment and com- pliance of various labour laws Sri Chandanmul Jain adopted unfair labour practice and forcibly removed the workmen and locked them out without any notice with effect from 10th November, 1966.

22. The further case of the Union is that on representation of the Union the Assistant Labour Commissioner (C) Dhanbad-I went to the spot for enquiry on flth November, 1966. The management was annoyed on the visit of the Assistant Labour Commissioner and therefore, stopped working of the colliery from 10th November, 1966 as a retaliatory measure.

23. During the conciliation proceedings before the Conciliation Officer the work- men produced a list of 73 workmen for whom there was a dispute. The employers first contended before the Conciliation Officer tha1rl2 workmen out of the 73 work- men were already working with them vide list No. 1 of the conciliation report. The workmen pressed that out of the aforesaid 12 workmen Sri Haroo Manjhl, mentioned in serial No. 16, Sohrai Manjhl, mentioned in serial No. 36, Chhota Manjhl, In serial No. 37, Jagoo Manjhi, mentioned¹ in serial No. 49, Chhotu Manjhl, in serial No. 55 and Babulal Manjhi, In' serial No. 60 were not working at Golden Sinidlh Colliery as stated by Sri Chandanmul Jain. Accordingly to the schedule of reference these six names were included and the other six names out of list No. 1 of the conciliation report were dropped.

24. Therefore, out of 73 workmen originally mentioned by the Union, the refer- ence was in respect to 67 workmen.

25. In order to show that labour grievance existed, the union has filed three letters Ext, W-3 to W-5. Ext. W-3 Is the letter dated 7th July, 1906 addressed by Sri K. Sharan, Assistant Labour Commissioner, Dhanbad to Sri Chandanmul Jain, Managing Contractor, Golden Slnidih Colliery. Ext. W-4 is the letter dated 29th July, 1966 addressed by Sri K. Sharan, Assistant Labour Commissioner, Dhanbad to the General Secretary, Khan Mazdoor Congress and Ext. W-5 is the another letter addressed by Sri K. Sharan, Assistant Labour Commissioner, Dhanbad to the General Secretary, Khan Mazdoor Congress, Jharia.

26. Sri K. Sharan, who was the then Assistant Labour Commissioner, Dhanbad was examined as a witness on behalf of the workmen and he is WW-i In his evidence he has stated that he visited the Golden Slnidih Colliery in connection with this dispute and during his visit he met the workmen of the colliery and he found that the workers were being paid less wages and the workers were refused employment by the Managing Contractor, Sri Chandanmull Jain.

27. As stated above the case of the Union is that the Assistant Labour Com- missioner, Dhanbad visited the colliery on 9th November, 1966 and that on the following day i.e. 10th November, 1966 Sri Chandanmul Jain actually stopped the working of the colilery. In order to substantiate this point the workmen have relied on the letter dated 16th November, 1966 written by the General Secretary, Khan Mazdoor Congress to the Conciliation Officer. In that letter it was stated that the Assistant Labour Commissioner, Dhanbad visited the colliery on 9th November, 1966 and following day Sri Chandanmul Jain stopped the working ol the colliery. In the letter dated 30th November, 1966 from the Managing Con- tractor, Golden Sinldih Colliery, the aforesaid visit to the Assistant Labour Com- missioner, Dhanbad was admitted. This point was not controverted in the oral testimony of the witness examined on behalf of the management. WW-8 Sri Onkar Yadav has stated in his evidence that the Union had approached the Regional Labour Commissioner and one Labour Officer from the Regional Labour Commissioner had come to the colliery. He further stated that Sri Chandanmul Jain was annoyed wben he found the Labour Officer at the colliery and after the departure of the Labour Officer Sri Chandanmul Jain dragged them away from the colliery. WW-4 Sri K. Sharan has also stated in his evidence that he visited this colliery In connection with this dispute. The evidence thus shows that the Assistant Labour Commissioner had visited the colliery on 9th November, 1966.

28. The case of the Union is that during the conciliation proceedings Sri Chandanmul Jain agreed to allow the following 42 workmen to resume their duties at Golden Sinidlh Colliery with effect from 2nd December, "1966 viz. work- men mentioned In serial Noa. 1 to 11, 15, 17, 16 to 23, 31, 35, 38, 39, 41 to 44, 47, 48, 50, 52, 53, 54, 86, 58, 59, 60 to 66 and Ramjan Mia workman mentioned

iii item No. 2 of the schedule of reference. In the written statement the manage- ment took a different stand. According to the management out of the aforesaid '42 workmen, workmen mentioned in serial Nos. 6, 10, 19, 42, 48, 52, 59, 84 and •65 were never in employment of the concerned colliery (vide para 12 of the written statement).

29. Out of the aforesaid 42 workmen following five workmen left the employ- ment at the time of the closure of the concerned mine viz. workmen mentioned in serial Nos. 3, 4, 15, 39 and 44 (vide para 13 of the written statement of the management). Out of the 42 workmen the following six workmen continued In their employment much beyond the alleged date oi refusal of employment viz. workmen mentioned in serial Nos. 5, 17, 20, 28, 61 and 62 (vide para 15 of the written statement).

30. Out of the 42 workmen the following 17 workmen were purely casual work- men viz. workmen mentioned in serial Nos. 7, 8, 21, 22; 23, 35, 38, 39, 40, 43, 46, 47, 50, 53, 54, 57 and 11. The workmen mentioned in serial Nos. 9 and 63 were not mentioned in any group. No statement In respect to these workmen were made in the written statement.

31. Specific case was made out in respect to the two workmen mentioned in Serial Nos. 1 and 2 and Ramjan Mia workman mentioned in Item No. 2A of the schedule In respect to Rojan Mia, workman mentioned in serial No. 1 it was alleged by the management that Sri Rojan Mia joined on 12th November 1982 and he resigned on 23rd August, 1967 (vide Ext. M-3). Rojan Mian has not been examined by the Union and the Union has also not pressed his claim. Therefore, Sri Rojan Mia is not entitled to any relief,

32. In respect to the Jang Bahadur Singh, workman mentioned in serial No. 2 it was stated that he was appointed on 8th March, 1965 and resigned on 18th July, 1967- Ext. M-14 is the resignation letter. Sri Jang Bahadur Sinah has not been examined by the Union-and the union has also not pressed his claim. Therefore, the workman mentioned in serial No. 2 Sri Jang Bahadur Singh is not entitled lo any relief.

33. In respect to Ramjan Mia, workman mentioned in item No. 2A of the schedule of reference It was alleged on behalf of the management that Sri Ramjan Mian was appointed on 2nd February, " 1966. He remained absent without any permission or authorised leave from 10th November, 1986 to 1st December, 19G6. The management however, did not take any disciplinary action for this misconduct but permitted him to join his duties on 2nd December, 1988. Sri Rnmjan Mian has also not been examined and the union has also not pressed his claim. There- fore, Sri iRamjan Mian, workman mentioned in item No. 2A of the schedule of . the reference is not entitled to any relief.

34. List 3 of the conciliation proceedings deals with the names of the 42 workmen whom the employers afirced to allow to resume their work with effect from 2nd December, 1966. Out of the 42 workmen Sri Rojan Mian, Sri Jang Bahadur Singh and Ramjain Mian are mentioned in serial Nos. 1, 2 and 3 of the list. The Union has not pressed their claim as stated above. The Union has therefore, pressed the claim of the remaining 39 workmen of list No. 3 of the conciliation proceedings. As stated above according to the Union Sri Chandanmal Jain agreed to allow these 39 workmen to resume their duties at Golden Slnidih Colliery with effect from 2nd December. 1966. According to the management some of the workmen were never employed by the management, some of the workmen left their employ- ment at the time of the closure of the concerned mine and some continued in employment much beyond the alleged date of refusal of employment and some were purely casual workers, the details of which is given above. In order to prove their case the management has filed Form B registers (Ext. M-6 to M-8 and Form C registers Ext. M-9 to M-ll and Form E register Ext. M-12). It was argued on behalf of the management that these registers are statutory registers and on that cacount entries in these registers should be believed. The entries in those registers will justify the case made out by the management in their written statement.

35. The point for consideration is whether the entries in these registers are genuine and can be relied upon?

36. These registers are proved by MW-1 Sri B. P. Baneriee. Manager of the colliery. These registers are in the pen of Sri Ramadhar Singh and Sri R. P.

Lalla and they are still In the employment of the management. No reason has betn. assigned as to why they were not examined. It was submitted before me that they were intentionally and deliberately not examined. Possibly they were not examined as they declined to give false statement on oath. The management withheld the witnesses from the witness box and therefore, adverse inference must be drawn for their non-examination. Therefore, these registers are n°t properly proved and as such the entries in these registers do not Inspire confidence and it would not be safe to rely on the entries made therein. MW-1 Sri B. P. Banerjee, dues not say In his evidence that these registers were prepared under his supervision. He also does not say on path that the entries made in these registers are genuine MW-1 Shri B. P. Banerjee Is silent about the genuineness and the correctness of the entries made in these registers. MW-2 Sri Chandanmul Jain also does not say on oath that the entries in these registers are genuine and correct and they are kept In regular course of business. It was therefore, argued on behalf of the union that these registers were manufactured by the management in order to suit their case as made out in their written statement.

37. There was a conciliation proceeding on 1st December, 1966 and on that date Sri Gopal Chandra Munsi, General Secretary, Khan MazdoOr Congress represented on behalf of the workmen of Golden Sinidih Colliery and Sri Chandanmul Jain, Managing Contractor, Golden Sinidih Colliery represented on behalf of the manage- ment. In Lhat conciliation proceeding Sri Chandanmul Jain agreed to reinstate 42 workmen mentioned in list No. 3 of the conciliation proceedings. In his report dated 24th December, 1966 the Assistant Labour Commissioner, Dhandbad has -stated that after a great deal of persuation Sri Chandanmul Jain agreed to allow the 42 workmen to resume their duties with effect from 2nd December, 1968. MW-2 Sri Chandamnul Jain has stated in his evidence as follpws; —

"I have attended the conciliation proceedings. Before the Conciliation Officer I have agreed to allow the 42 workmen who will report for duty on the 2nd of December, 196G'".

His statement on oath is contradictory to the statement made but in the written statement and the entries in the various registers Exts. M-G to M-12. His statement on oath therefore, clearly proves that the entries in Exts. M-6 to M-12 are fictitious and were manufactured to suit the case of the management as made out in their written statement.

38. The case of the Union is that the concerned 39 workmen as mentioned above went to the colliery and reported for duties but they were declined employment by Sri Chandanmut Jain. MW-2 Sri Chandanmul Jain has stated before me that on 2nd December, 1966 he gave employment t0 all the persons who reported for duties. It is to be noted that Sri Chandanmul Jain did not Inform the Assistant Labour Commissioner regarding the employment of these 42 workmen. The employers attended the conciliation proceedings only on one day i.e. 1st December, 1966 and further discussion was adjourned to 6th December, 1968 but the employers did not attend the conciliation proceedings an that day. The conciliation proceedings was again adjourned to 16th December, 1968 but the employers diet not attend even on that day. A settlement was arrived at on 1st December, 190G by which Sri Chandanmul Jain agreed to allow the 42 persona to report for duties on the 2nd of December, lOflfi. In his letter dated 15th December, 1968 to the Assistant Labour CdVnmissioner Sri Chandanmul Jain is quite silent regarding employment of these 42 workmen. MW-1 is Sri B. P. Banerjee, Manager of the colliery. In bis evidence he has stated that he did not attend the c onciliation proceedings and that he did not read even failure report of the conciliation proceedings and that he has no knowledge about the statement made by Sri Chandanmul Jain in the conciliation proceedings and that Sri Chandanmul Jain never ,t'old him regarding the settlement with 42 workmen. It does not stand to reason that being a manager of the colliery he would be ignorant of these facts. The only conclusion is that he is deliberately supressing truth.

39. The Union have examined WW-1 Sri Sahdeo Manjhi, workman mentioned in Ket-;a No. 17. WW-5 Jyoti Rp-'vani, workman, mentioned in serial No. 66, WW-fl Onkar Yadav, workman In serial No. 6, WW-7 Nathu Mahato, workman in serial No. 7. They have stated that the settlement was made before the Regional La- bour Ccmmlssioner and the management had agreed tc take them back and they were flowed to resume duties but when they went to work the management declined to allow them to resume their duties.

40. WW-4, Sri K. Sharan, the then Assistant Labour Commissioner stated in his evidence as follows: —

"Before me the Managing Contractor Sri Chandanmul Jain agreed to allow the 42 workmen to resume their work as mentioned in my report dated 24th December,

1966. It was the case of the management that the aforcsaifl 42 workmen wero in employment of Golden Smidm coilieiy und on mai ground also he agreed to allow them to resume ineir dimes wun eitect from 2nd December, 1966 as men- tioned in my report.

Subsequently I was informed by the Union that Sn Chandanmul Jain haa not allowed me aioresaiu 42 concerned workmen to resume ineir duties et Golden binidih colliery with eflect from 2nd December, 196u. This much I lecolltsct mat the names of 42 workmen were thrashed out and recorded and were re^d over xo the management and the management alter iully scrutinising the names hjid agreed to allow them to resume their work from the d^te mentioned m my report and these names were recorded in my own pen in a separate notesheet also '.

41. I would like tc comment on the statement give by this witness Sri K. bharan. He gave his statement both in examination michieJ! £nd ciot.s-exammation in firm tons and 111 a straight forward and up-right manner and it did cieate a great impression in my mind in respect to his being a truthlul witness.

42. The Management has made out a special case in respect to Sri jyotl Rewani, workmen mentioned in serial No. 60 in para 11 of their written state- nient. According to the management he was appointed on 15th October, 1958 but this workman absented himself frem duties from 31st January 1966 upto 6th August 1966 and voluntarily abandoned his appointment and ihe concerned work- man Sri Jyto Rewani was re-appointed on 7th August, 1966. But he again absented from his duties on 28th, 29th and 30th October, 1966. He was issued with a chargesheet for misconduct on 31st October, 1966 (vide Ext. M-3). Ext. M-5. is the reply to the chargesheet dated 3rd November, 1966. According to the management his services was terminated since 5th November, "1966 and he was dismissed on 5th November, 1966 (vide Ext. M-4). According to the manage- ment since he was dismissed on 5th November, 1066 no question of refusal of employment arose on 10th November, 1966.

43. According to the Union he was one of the 42 workmen whom the manage- ment allowed to resume duties with effect from 2nd December, 1966. It is to be noted tnat in tne conciliation proceedings the management agreed to employ thia workman, Jotl Rewani. It was not the case of the management in the concilia- tion proceedings that Sri Joti Rewani has already been dismissed on 5th November, 1966. In the letter dated 30th November, 1066 addressed by the Managing Con- tractor, Golden SInidih Colliery to tfre Assistant Labour Commissioner, Dhrnbad there is no mention regarding this workman Joti Rewani as having been dismissed on 5th November, 1966. Joti Rewani has been examined and is WW-5. He has Stated in his evidence that when the management forcibly turned him out from the quarter he approached the Union and the Union filed a case before the Regional Labour Commissioner and that a settlement was made "before the R.L.C. and the Management agreed to take him back and to pay the wages for the idle period. But when he went to work at the colliery the management declined to allow him to resume duty.'

44. In this view of the case I hold that Sri Joli Rewani was one of the 42 workmen whom the mani""jemeril agreed to allow to resume his duties. There- fore, I hold Lhat Sri Chaudanmul Jam had agreed to allow the 42 workmen mentioned in list No. 3 of the conciliation proceeding to allow them to resume their duties at the Golden SInidih Colliery with effect from 2nd December, 1966. Out 01 these 42 workmen, the Union has not pressed the claim of Sri Rojan Mia, Jang Bahadur Singh and Ramjan Mian. Therefore, the management wrongfully did not allow the remaining 39 workmen out of the workmen mentioned in list No. 3 of the conciliation proceedings to resume work with effect from 2nd December, 1966 and refused to re-instate these 39 workmen. These 39 workmen are mentioned in Serial Nos. 3 to 11, 15, 17, 19, 20, 21, 22, 23, 31, 35, 38 39, 41 42, 43, 44, 47, 48, 50, 52, 53, 54. 56, 58, 59, 61, 62, 63, 64, 65, 66. The aforesaid 39 workmen are therefore, entitled to be reinstated with full back wages with effect from 10th November, 1966 upto the date of their reinstatement with con- tinuity of services.

45. I now take up the case of the 19 workmen mentioned In list No. 2 of the conciliation report. Before the Conciliation Officer Sri Chandanmul Jain, the Managing Contractor at Golden Sinidih Colliery contended that the following 19 workmen were never under¹ his employment, These workmen are mentioned In serial Nos. 12, 13, 14, 18, 24, 25. 26, 27, 28, 29, 30, 32, 33, 34, 40, 45, 46, 5t, 57, Out of the aforesaid workmen at the time of the hearing the Union did not press

the claim oJt the workmen mentioned in serial Nos. 12, 29, 30, 32, 33, 34, 40, 45 and 57. Therefore, the remaining workmen of this list are workmen mentioned in serial Nos. 13, 14, 18, 24, 25, 26, 21, 28, 51 and 46. Before the Conciliation Officer, the stand of the management was that the aforesaid workmen never worked at the Golden Slnidih Colliery. In the written statement filed by the management the aforesaid workmen viz. workmen mentioned in serial Nos. 13, 14, 18, 24, 25, 26, 27, 28, 46 and 51 are shown as casual workers. Their names are mentioned in the registers filed by the management '(Ext. M-9 to M-12) as .casual workers. But 1 have already stated above that the entries in these re- gisters are manipulated to suit the management's case. Before the Conciliation Officer, the management's stand was that the aforesaid 10 workmen were never in their employment. But in the registers the aforesaid workmen are mentioned as casual workers. It further shows how clumsy has been the manipulation In these registers (Ext. M-9 to M-12).

46. Out of the aforesaid ten workmen Maha Manjhi, workman mentioned in serial No. 13 and Karam Chand Manjhi workman mentioned in serial No. 18 have been examined and they have gtated that they were declined employment by the management. In respect to WW-2 Maha Manjhi it was suggested that he was deposing falsely at the Instance of the Union. In respect to WW-3 Karam Chand Manjhi it was suggested that he was appointed in March 1966 and worked for about 3 months and then never turned up. It is to be noted that no specific case has been made out in respect to the aforesaid ten workmen In the written state- ment of the Union. Under such circumstances no relief can be granted to them. They are therefore, not entitled to any relief. Therefore, I hold that the 19 work- men mentioned in list No. 2 of the conciliation report viz. 12, 13, 14, 18, 24, 25, •26, 27, 28, 29, 30, 32, 33, 34, 40, 45, 46, 51 and 57 are not entitled to any relief.

47. I now deal with the workmen mentioned In serial Nos. 16, 36, 37, 49, 55 and 60, These six workmen are out of the 12 workmen mentioned in list No. 1 of the conciliation report. According to the case made out by Sri Chandanmul Jain, Managing Contractor, Golden Sinldlh Colliery the aforesaid six workmen were already working at the Golden Slnidih Colliery. The case made out by the management before this TribunaT is that out of the aforesaid workmen Sri Babulal Manjhi workmen mentioned in serial-No. 60 was appointed only on 10th November, 1966 i.e. much after the alleged date of stopping from duty and the remaining workmen viz. workmen mentioned in serial Nos. 16, 36, 49 and 5H continued In their employment much beyond the alleged date of refusal and that the work- man mentioned in serial No. 37 was a casual workman. It Is to be noted that no specific case was made out in the written statement of the Union in respect of the aforesaid six workmen. None of the workmen were examined by the

-Union before me In order to substantiate their case.

48. I therefore, hold that the workmen mentioned In serial Nos. 16, 36, 37, 49, 55 and 60 are not entitled to any relief. To sum up, my finding Is that the management was not justified In refusing employment to the 39 workmen detailed below with effect from the 10th November, 1966 and they are entitled to be re- instated with full back wages from the 10th November, 1968 up to the date of • their reinstatement along with continuity of service. ,

Name

Designation SI. -No.

Trolly Man Do.

Munshl Guard. Trolly Man.

3 4 5 6 7 8 9 10 11 15 17 19 20 21 22

Do. Do. Do. Pick Miner. Do. Do. Do. Do. Do. Do.

Shri Nathu Mahato „ Somar Mahato „ Prabhu Narayan Tiwary „ OnkarYadav ,, Nakul Mahato „ GovJnd Mahato . . . . . . .. „ Nandu Mahato . . . . . . .. „ Suresh Pandey . . . . . . .. „, Guhi Manjhi „ Kalicharan Manjhi . . . . . .. „ Sahdeo Manjhi „ Hublal Manjhi „ RasikManJnl „ Sarkar Manjhi . . . . . . .. „ Ludhu Manjhi . . . . . . ..

Designation Name

SI. No.

Soft Coke Maker.

. . . . ..

Trolley M a n. Pick Miner. Do. Do.

•

•

Trolly M a n. Pick Miner. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. D o. 23 Sri Jogcshwar Bhuiyan 3i 35 38 39 4i 42 43 44 47 48 50 52 53 54 5<5 58 59 61 62 "3 "4 65 <56

„ Hari K u m h ar . „ Haradhan Manjhi . . . . . . • „ S ambhu Manjhi . . . . . . .. ,j Hari Manjhi . . „ Sukar Mahato . . . . .. ,3 Chhotan Manjhi . . . . . . .. „ Baburam Manjhi N o. I ' . „ Ramdhan Manjhi N o. I . . . . . .. „ Sarvan Manjhi . . . . . . .. „ Baburam Manjhi N o. II „ Jugal Manjhi „ Churka Manjhi „ Ramdhan Manjhi N o. II „ Bodhan Manjhi . . . . . . .. „ Ritbaran Manjhi „ Pran Manjhi ,, Mangoo Manjhi . . . . . . .. „ Ranghu Manjhi „ Manjloo Manjhi „ Kinoo Manjhi „ Khara Manjhi „ B h u k a l M a h a to „ Jyoti Rawani

Trolly Man. Fitter Mistry.

The remaining 27 workmen mentioned in serial Nos. 1, 2, I23 13, 14, i63 18, 24, 25, 26, 27, 28, 29, 30, 32, 33> 34) 36) 37> 4°, 45> 46> 49) 5¹) ?53 57, 60 and Sri Ramjan Mian, workmen mentioned in item No. 2(a) of the Schedule of reference are not entitled to any relief.

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

(Sd.) SACHIDANANB SINHA,

Presiding Officer. [No. 2/1/67-LRIL]

New Delhi, the 19th September 1069

S.O. 3872.—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, Nagpur, in the Industrial dispute between the employers in relation to the management of Ballarpur Colliery, Post Office Ballarpur, District Chandrapur and their workmen, which was received by the •Central Government on the 8th September, 1989.

THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT NAGPUR

Reference (CGT) No. 1 of 1969-

PRESENT :

Shri G. V. Deo, B.A., LL-B., Presiding Officer.

PARTIES :

The Management of Ballarpur Collieries Company, Post Office, Ballarpur,

Distt. Chandrapur.—Employer, First Party-

Vra.

Their workmen.—Employee, Second Party.

APPEARANCES :

For employer, First Party.—Shri M- K. Kumar, Officer in Personnel De-

partment.

.For workmen, Second Party.—Shri Bhavsingh Motilal in person.

State: Maharashtra. Industry: Colliery.

Nagpur, dated the 25th August, 1969.

AWARD

This la a reference under Section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication of a dispute between the Management of Ballarpur Collieries- Company, Ballarpur and their workmen regarding the termination of the services of the employee Shri Bhavsingh Motilal from the 6th November, 1967.

2. The second Party, i.e., Bhavsingh was a collie working under the First Party. It appears that Bhavbingh was occupying one of the out houses oj! the Company and was asked to vacate the same. On 6th November, 1967, he was vacating these out houses and was carrying some material of the hut with him- Shri Pancham Benl, who was then the Register Clerk of the Company, is alleged to have taken the thumb impression of Bhavsingh on a piece of paper on the ground that it was meant to be an application for permission to take away the said, material According to Bhavsingh his thumb impression was obtained on a blaiiK paper Mid to his surprise it was ultimately used as his resignation letter. He, therefore, complained that he has been illegally not allowed to resume his duties on the ground that he has resigned which in fact he did not.

y. The contentions raised by the Company was that there was no Industrial dispute at all- The employee Bhavaingh had voluntarily tendered his resignation and the Company had bonaflde accepted it. The employee had been caught red- handed while committing theft of the property of the company and the company wanted to start criminal proceedings against him- The employee thereupon approached the management for permission to resign and further requested for the dropping of the criminal proceedings. The employee thus resigned voluntarily and never complained against the management regarding his resignation. The case of the employee at best was that it was the register clerk who had fraudulently obtained his resignation. It has not been alleged that it was the Company who had practised fraud in obtaining his resignation. The dispute was thus between the employee and the Register clerk Shri Panchem Beni. The instant reference, however, is alleged to be regarding a dispute between the employer and the employee which Is not correct. The Central Government, therefore, had no jurisdi- tion to make this reference. It was further contended that the question in- volved in this reference was regarding an individual dispute and not an industrial dispute. The dispute was not covered by Section 2-A of the Industrial Disputes Act, 1947- The reference, therefore, was illegal and without jurisdiction.

4. As a result of the aforesaid contentions raised by the parties the following

Findings preliminary issues arose for consideration- Issues 1. Whether the dispute is not covered by section 2-A of the Industrial Yes Dispute Act 2- Has this Tribunal no jurlsdicatlon to entertain the reference? Yes Resaaons for the flnldlnff.

5. Issue Nos. 1 and 2.—As these issues are inter-connected it would be con- venient to consider them together. It was argued on behalf, of the company that it had never dismissed/retrenched or terminated the services of the employee and that the dispute If any, was between the employee Bhavsingh and the Register- clerk, Pancham Beni who is alleged to have obtained his resignation. There is considerable force in this contention. No Union or any of the other employees have taken up the cause of the employee. There cannot be any doubt that it is the individual workman who had raised the dispute. Such a dispute could only be raised if it is covered by Section 2-A of the Industrial Disputes Act 1947. As per provision of Section 2-A. an individual workman can raise an individual dispute if It pertains to the discharge/dismissal/retrenchment or termination of his services. In the instant case it is not the case of the employee that his services had been terminated. In his various applications and even in the proceedings before the Assistant Labour Commissioner he has, stated that the Register-clerk Pancham Beni had fraudulently obtained his thumb Impression on a blank paper which was turned into a letter of resignation. He never contended that it was the company that was responsible for the fraud. The company treated his resignation as voluntary and accepted it with the result that the employee has ceased to be in the employment. It is no doubt true that the incident his resulted in cessation of the employment of the employee but this is not the same thing to say that the company has dismissed/discharged or In any way terminated the services of the employee. The dispute, therefore, Is not covered by Section 2-A of the Act.

6. As the employee's services were not in any way terminated the dispute as ffctated above could not fall under Section 2-A of the Act. The employee there- fore, had no right to raise an individual dispute regarding Ms alleged termination 'Of service. The case of the employee has not been taken up by any of the Unions pertaining to the industry and there is, therefore, no industrial dispute within the meaning of Section 2 (k) of the Industrial Disputes Act, 1947. As there was no industrial dispute it follows that the reference is not competent and this Tribunal cannot entertain it.

7. In the instant case the order dated the 25th April, 1969, passed by the Central Government shows that it had presumed the existence of a dispute between the Management of the Company and its workmen, in respect of the Schedule which was to the following effect:

"Whether the management of Ballarpur Collieries Company Ballarpur, was justified" in dispensing with the services of Shrl Bhavsingh Motilal with effect from the 6th November, 1967? If not, to what relief is the workman entitled?"

The order presumes the existence of a dispute between the Management and its •employee Bhavsingh Motilal. The facts, however, negative such a presumption and show that it has never been the case of the employee that the resignation was fraudulently obtained from him by the management. Then again the Central Government was in error in presuming that the services of the employee had been terminated. It was nobody's case that the employee was dismissed/discharged or terminated from service. The reference made by the Government therefore, does not appear to be competent- At any rate, it is clear that this is an Individual dispute and since it Is not covered by Section 2-A of the Act, the reference is not "tenable.

8. As a result of the aforesaid findings this Tribunal has no jurisdiction to try the reference and even if it has it is not tenable because the dispute Is not covered •by Section 2-A of the Industrial Disputes, Act, 1947.

(Sd,) G. V. DEO,

Presiding Officer.

Nagpur; •25th August. 1969.

[No. 3/3/69-LEH-l

S.O. 3813.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 •of 1947), the Central Government hereby publishes the following award of the Central Government Industrial Tribunal, (No. 2), Dhanbad, in the industrial dis- pute between the employers in relation to the Madhuband Colliery of Messrs. Oriental Coal Company Limited, Post Office Nudkhurkee, District Dhantoad, and their workmen which was received by the Central Government on the 8th Septem- ber, 1969.

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

PRESENT:

Shri Nandagiri Venkata Rao, Presiding Officer.

REFERENCE NO. 9 or 1968

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

PARTIES:

Employers in relation to the Madhuband Colliery of Messrs. Oriental Coal Company Limited, Post Office Nudkhurkee, District Dhanbad and their Managing Agents, Messrs. Karanchand Thapar and Brothers (Private) Limited, Central Office Bhowra. District Dhanbad

AND

Their workmen,

APPEARANCES :

On behalf of the employers—Shri K. C. Nandkeolyar, Dy. Chief Personnel Officer.

On behalf of the workmen—Shri Idris Mian, the affected workman.

STATE: Bihar

INDUSTRY: Coai

Dhanbad, 2nd September, 1969.

AWARD

The Central Government, being of opinion that an industrial dispute exists between the employers in relation to the management of Madhuband colliery of Messrs Orlenta-1 Coal Company Limited, Post Office, Nudkhurkee, District Dhanbad¹ and their Managing Agents, Messrs. Karamchand Thapar and Brothers (Private) Limited. Central Office, Bhowra, District Dhanbad and their workmen, by its order No. 2/71/68-LRII dated 2nd August, 1968 referred to this Tribunal under Section 10(1) (d) of the Industrial Disputes Act, 1947 for adjudication the dispute in res- pect of the matters specified in the schedule annexed thereto. The schedule La extracted below:

SCHEDULE

"Whether the action of the management of Madhuband Colliery of Messrs. Oriental Coal Company Limited, Post Office. Nudkhurkee, District Dhanbad and their Managing Agents, Messrs. Karamchand Thapar and Brothers (Private) Limited, Central Office, Bhowra, District Dhanbad In refusing employment to Shrl Idris Mian, Timber Mazdoor with effect from the 30th June, 1967 was justified? If not, to what relief is the workman entitled?"

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

3. On 18th June 1969 the affected workman and employers filed a compromise memo with a request to pass an award in terms thereof. The compromise memo was duly verified. The dispute involved in the reference was as regards refusal of employment by the employers to the effected workman. According to the terms of the compromise the employers agreed to reinstate the affected workman and the employers and the affected workman have settled the claim of the affected workman of his wages for the idle period. I consider the compromise fair and beneficial to the affected workman. The compromise memo is therefore accepted and the award is made in terms of the compromise. The compromise memo is annexed herewith and is made part of the awaTd. The award is submitted under Section 15 of the Industrial Disputes Act, 1947.

(Sd.) N. VENKATA RAO,

Presiding Officer,

Central Govt. Industrial Tribunal,

(No. 2) Dhanbad.

BEFORE THE HON'BLE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL (NO. 2) AT DHANBAD

REFERENCE NO. 9 or 1968

PARTIES .

Employers in relation ?o Madhuband Colliery

And

Their Workmen

Joint petition of compromise

The parties above named respectfully beg to submit as under:

1. That the above matter is pending before this Hon'ble Tribunal for disposal.

2. That the parties in the meantime have mutually discussed the issue and arrived at a settlement in terms hereunder:—•

(a) that the employers agree to reinstate the affected workman Shri Idris Mian, Timber Mazdoor in his job with continuity of past services with effect from 21st June 1967.

(b) that the employers will pay a lump sum amount of Rs. 600 (Rupees six hundred only) for his claim of wages for the idle period.

(c) that the period of idleness from 21st June 1967 to 5th October 1967 will be treated as leave without pay.

(d) that the payment will be made on 23rd June 1&69 at the colliery office..

(e) that the parties will bear their respective cost,

3 In the circumstances the parties hereinconcerned respectfully beg to pray that the Hon'b'e Tribunal may graciously be pleased to accept the compromise and.. pass an award in terma thereof.

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

Dated Dharibad the 18th June, 1969.

(Sd.) (Illegible) (Ed.) (Illegible) For the workmen

For the employers.. [No. 2/71/68-LRII.]',

New Delhi, the 20th September 1009

S.O. 3874,—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 Jabalpur in the industrial dispute bet- ween the employers in relation to the North Chirimri Colliery, Post Office Gela- hapani, District Surguja, District Surguja (M.P.), and their workmen, which was, received by the Central Government on the 11th September, 1989.

AWARD PASSED ON 3RD SEPTEMBER, 1969 BY SHRI J. C- MEHTA BA.LL.B.,. PRESIDING OFFICER, LABOUR COURT No. 2, JABALPUR (ARBITRATOR)

In the matter of

Employers in relation to North Chirimri Colliery of M/s. Unitad Collieries:

Ltd.

V/t

Their Workmen represented by M.P. Colliery Workers' Federation, Chirimri..

Shrl P. S- Nair—for the Employer present.

Dated, the 3rd September 1969

AWARD

A dispute arose between the Employer above named and the M.P. Colliery Workers' Federation regarding the dismissal of five workmen namely (1) ShriJ Majeed s/o Jahoor, (2) Shri Hamid s/o Budhoo, (3) Shri Shivmohan s/o Sarjoo,. (4) Shri Vali Mohammad s/o All Mohd. and (5) Shrl Jan Sal s/o Bhai Ram on. 4th June 1969. Both the parties to the dispute agreed u /s 10 A of the Industrial Disputes Act, 1947 to refer the dispute for. arbitration to the undersigned (J. C Mehta), and they signed the arbitration agreement on the very day.

(2) The specific matter in dispute and referred for arbitration is: —

"Whether the management of North Chirimri Colliery is justified Li dismis- sing the follnwing five workmen w.e.f. 8th Februarv 1969, if not to- what relief the workmen concerned are entitled to?"

(1) Shri Majeed s|o Jahoor, Co Loader (2) Shri Hamid s|o Budhoo, Co Loader (3) Shrl Shiv Mohan slo Sarjoo, Co Loader (4) Shri Vali Mohd. s]o All Mohd., Co Loader (5) Shri Jan Sai sio Bhai Ram, Co Loader.

(3) The agreement has been received by the Central Government on 23rd June,.

1969 and it has been published in the Gazette of India.

(4) Both the parties to the dispute were informed to file their Statements of Claim and reply to each other's claim. The employer filed their statement the- other party to the dispute i.e. M.P. Colliery Workers¹ Federation, did not flic the- Statement of Claims or the reply to the Statement filed by Employer. The Fede- ration was served with notices by Registered A.D. Post. The intimation of first-

date i.e. 20th August 1969 was received in the office of the Federation on l&th August 1969. Subsequently another Intimation for filling the Statement of Claim and/or reply to the Statement of Claim of the employer on 1st September l'J6y was received m the office of the Federation on 29th August 1969. On 1st Sep tember 1S69 one of the Office Bearers of the Federation Shri G. C. Sharma ap- peared but did not file any reply or Statement of Claims. The case was already fixed for evidence on 2nd September, 1969. On 2nd September, 1969, Shri Gulab Gupta The General Secretary of the M.P. Colliery Workers' Federation appeared .and requested for time to enable him to file the reply & Statement of Claims etc. •and also to lead evidence by examining at least 10 witnesses. As per agreement the matter In dispute Is to be decided within 3 months from 4th June 1969. There- fore, both the parties were asked to enhance the time limit of award. But the •employer's representative did not agree on the plea that the Federation had suffi- cient opportunity to represent their case. As a matter of fact the Federation could have filed their reply or Statement of Claims and could have lead evidence in time, had they been prompt enough. They had the complete knowledge of the dates fixed for the proceedings in the matter. Hence no other course was left except recording evidence on 2nd September 1969. On 2nd September 1969 the 'General Secretary of the Federation, Shri Gupta left the proceedings before evidence started. Henge evidence has been recorded in the absence of the re- presentative of the Federation.

(5) The employer examined Shri S. S. Mishra, the enquiry officer and Shri J. Kumar, the Manager of the North Chlrimrl Colliery. The employer proved the •enquiry papers Exhibit E-l to E-56- From the evidence it is apparent that a fair and impartial opportunity was being granted to the Workmen for defending them- selves, but the workmen did not attend the enquiry and therefore, the employer had to take action after conducting enquiry in their absence. In the case of Shri Shiv Mohan, Vali Mohammad and Jan Sal, the charge-sheets Issued are Exhibits E-29, E-30 and E-31. First the workmen refused to accept the charge-sheet (Ex- hibits E-12, E-l 3. E-14, E-15). Then the Enquiry Officer was appointed and enquiry was fixed on 7th January 1969 by the Manager, vide Exhibit E-3, E-4 & E-5 The The workmen were given the copy of the charge-sheet also alongwith the letters. The workmen received the above letters vide E-32. All the three workmen filed their individual replies Ex, E-33, E-34 & E-35. They put up a request for allowing "Shri Indrabhanu Pandey, Vice President of the Federation to represent their case. This was gladly accepted by the management and intimated the workmen vide letters, Ex. E-36, E-37 and E-38 which were received by the workmen as per Ex. F-32. On 7th January 1969 the enquiry was held, Exhibit E-6 is the document showing what happened on that date. On 7th January 1969 all the three workmen requested for time to enable them to bring Shri Pandey who could not be present on 7th January 1969- This request was accepted by Enquiry Officer vide Ex, E-7 The workmen have endorsed the receipt of this letter E-7 on the loiter itself. The enquiry was postponed to 8th January 1&69. On 8th January 196ft the work- men or their representatives did not attend the enquiry. The enquiry officer called for them through neon but even then Shri Jan Sai did not come. Other tw o workmen came to the enquiry officer and attended enquiry for some time then they left. Thereafter the enquiry officer has recorded the Statements of Shri "R. K Mahajan, Anwarkhan, R. P. Ghosh, Rajballam Singh and Shri Foidar. The statements are Ex. E-9/1 to E-9/22. The witnesses filed exhibits E-10/1 to E-20/5 during enquiry. The enquiry was closed and findings were recorded. The finding is Ex, E-16. The papers of enquiry alongwith the finding were submitted to ihe Manager. The Manager who is examined here has admitted that all the papers were put UD (before him. He studied them and agreed to the conclusions arrived at by the Enquiry Officer. The manager requested the Agent for permission to dismiss the workmen (Ex. E-40). The permission. E-41 was granted and subse- quently the workmen have been dismissed vide Ex. E-42, E-43 and E-44. T have perused the evidence recorded during enquiry. The conclusion arrived at by the "Enquiry Officer is based on the material put up before him by the manage- ment. The conclusion cannot be said to be perverse. The Workmen have been given as much time as they wanted to arrange for their defence. From the re- plies to the charge-sheets it does not come out that they might have some pre- judice against the enquiry officer. They did not participate in the enquiry at their own costs The dismissal of the workmen Shri Shiv Mohan, Vali Moham- mad and Jan Sai are, therefore, justified,

(6) The other two workmen Shri Hamld and Majid were also issued the charge- sheets Ex. E-45 and E-46. The workmen refused to accept the chargesheets (Lx. 12-11, E-23 and E-24). The management then appointed the enquiry officer and

fljred the enquiry on 14th January, 1969 vide Ex. E-l and E-2. The copies of the charge-J>heets were also sent to the workmen alongwitji intimation of the enquiry i.e. Ex. E-l and E-2- The workmen received the intimation of the date oi enquiry and the copy cl the charge-sheet (Ex. E-l and E-2) and filed their individual replies Ex. E-48 and E-49, in which they have acknowledged the original charge- sheets also. The workmen replied and requested for allowing Shri Indrabhan Pandey to represent their case. The management intimated the acceptence oi this request vide E-50 and E-51. E-50 and E-51 wore received by the workmen wide receipt Ex. E-52. On the date of enquiry, i.e. on 14th January, 1969 the workmen did not attend the enquiry. Two persons were sent for calling them by the enquiry officer but the workmen did not attend the enquiry, so is apparent from the enquiry proceedings, Ex. E-18 and E-19. The enquiry officer thereafter recorded the statements of the witnesses of the management, namely Shri J. P. Gupta, Sudhlr Kumar Bhattacharya, K. N. Sahl, Fages and Shri Balbhadra, The enquiry officer received two documents Ex. E-21 and E-22 during the enquiiy. He has written his conclusion, Ex. E-25. Thereafter all the enquiry papers along- with the conclusion were submitted to the manager. The Manager Shri J. Kumar is examined hete. He has admitted that all tne papers were submitted before him. He . tudled them and agreed with the conclusion arrived at by the Enquiry Officer. Thereafter he requested the Agent for permission to dismiss the work- men vide Ex- E-5J. The permission Ex. E-54 was granted, and lastly the work- men have been dismissed vide order Ex. E-53 and E^nO. I have perused the evi- dence recorded during the enquiry. The conclusions drawn by the Enquiry Officer cannot bo said to be perverse. The workmen had ample opportunity to defend themselves at the domestic enquiry but they did not avail of themselves of the opportunity. From the reply to the charge-sheet it is nppirant they had no pre- judice against the enquiry officer. In both the domestic enquiries, dismissed above nothing ha3 come out which might be the justification for not participating in the enquiry by all the five workmen. I do not find any mala fide or any piejudice on the side of the employer. The dismissal cf sarvashn Shivacr>ar, Vali Mohammad, Jan Sal. Majid and Hamid are lustifled. There is nothing illegal about It.

(7) The question about justification of the employer in dismissing the five workmen, referred to me for arbitration, is, for tte reasons mentioned above, decided in favour of the employer.

(Sd.) J. C. MEHTA, Arbitrator and Prsidinfi Officer,

Labour Court No, 2 Jabalpur. [No. 1/2/69-LRII.]

S.O. 3875.—In pursuance of section 17 of the Industrial Disputes Act, 3 947 (14 of 1947), the Central Government hereby publishes tic following report of the Central Government Court of Enquiry (Coal Mining Industry), Calcutta, in the industrial dispute between the employers in relation to the Coal Mining Industry and their workmen.

CENTRAL GOVERNMENT COURT OF INQUIRY (COAL MINING INDUSTRY)

PARTIES :

Employers in relation to the Coal Mining Industry.

AND

Their workmen

PRESENT:

Shri B. N. Banerjee—Sole Member-

APPEARANCES : On behalf of Employers.

Shri S. S. Mukherjee, Advocate, with Shri D. Ba3u Tbakur, Legal Adviser of Bengal Chamber of Commerce and Industry (for Indian Mining Associa- tion).

2. Shri S. S. Mukherjee. Advocate, for

(i) Indian Mining Federation. (II) M.P. and Vldarbha Mining Association.

(iii) Indian Colliery Owners' Association. (iv) National Coal Development Corporation Limited, and (v) Joint Working Committee.

On behalf of Workmen.

1. Shri Kanti Mehta,

Shri Gulab Gupta, and Shri S. Das Gupta

for (i) Indian National Trade Union Congress, -ind til) Indian National Mine Workers Federation.

2. Shri K. S. Roy and

Shri Lalit Burman for Indian Mine Workers Federation.

3. Shri H. N. Singh for Hind Mazdoor Sabha.

REPORT

This is the second time that industrial disputes over the system of employment of labour through or by contractors and sub-contractors in the coal mining indus- try have been referred to a Court of Inquiry. The first reference of the disputes was made, by an order dated October 31, 1960, to a Court of Inquiry presided over by Mr. G. Palit as the Sole Member. A vacancy having occurred in the office, the Government of India made another order, dated May 27, 1961, appoint- ing Mr. I* P. Davo as the Sole Member of the Court of Inquiry. The terms of reference to the Court of Inquiry, at that stage, were:

"1. Whether the system of employment of labour through or by contractors ar"d sub-contractors in the coal mining industry in the country can be abolished wi&Qut impairing productivity, and, if so, in which case of employment and within what period.

2. To the extent that contract system cannot be abolished in the industry, what measures, statutory or otherwise, should be devised to ensure fair wages and conditions of employment to labour employed through or by contractors and sub- contractors."

The enquiry which might have been long and protracted happily ended in an agreement (hereinafter referred to as the bipartite agreement) between the employers in relation to the coal industry and their workmen, on the following tftrms:

"1. *• it is hereby agreed that the system of contractor labour shall be abolished in the Coal Industry, subject to exemptions detailed hereunder.

2. It is further agreed that all processes directly connected with the raiding and despatch of coal and manufacture and despatch of coke shall be the direct responsibility of the principal employer and all workers engaged therein shall be the employees of the principal employer except In the following categories:

(i) Sinking of pit and driving of Inclines. (11) Sand loading, (ill) Dyke cutting and driving of stone drifts and miscellaneous stone work underground,

(iv) Coal loading and unloading, provided that the Principal Employer shall engage a nucleus of wagon and truck loaders to whom regular work can be guaranteed; the number of such nucleus to be reviewed quarterly,

(v) Miscellaneous civil en^neering works of Rn Irregular and Intermittent nature,

(vi) Overburden removal and earth cutting, (vli) Soft Coke manufacturing.

Provided further that where work in any one or more of the aforesaid cate- gories of work is beinir carried depnrtrnentally in any colliery by the principal employer, the same iba¹¹ continue to b<* rionp ^epartmentpjiy as before.

:i. That all woik, except in the aforesaid categories of work, shall be taken over and carried on depuitmenlaily by Uie principal employer us early as possi- ble bat not later man oUui beptenioei, ifciuj,, and tnat ah wontert, employed ay or througn contractors bhould be employeu by the principal employer it the parti- cular work is to be continued. 'Ihe terms and conditions of service oi such workers shall be settled mutually by the Union and the Iknpioyer at the Colliery level.

4. That in such cases, tne principal employer should cither make payment of the wages direct, or remain responsible for seeing that wages are paid and that such payments shall be made from the principal employer's oilice and the Funcipal Employer shall also ensure the observance oi lair laboui standards and fair labour practices as in para six below.

5. That lor the purposes o£ this Agreement, any person entrusted with the producing as well as selling of coal in a mine shall be deemed to be the piinclpal employer.

6. That In the processes not directly concerned with the raising and despatch of coal and the manufacture and despatch of coke the principal employer shall ensure the observance of fair labour standards and fair labour practices, with particular reference to the payment of correct rates of wages and amenities to which workers engaged in such processes are entitled either under an award, enactment or agreement.

7. That the operation of this agreement shall be reviewed annually and the

first review shall take place between 1st and 15th November, 1962." Thereupon, Mr. L. P. Dave made the following report on November 21, 1961:

"To sum up, I adopt the agreement entered into by the parties as the basis of my report and would hold that the said agreement should be accepted at present, and that in all processes directly connected with the raising and despatch of coal and manufacture and despatch of coke, contract labour should be abolished as early as possible, and in any case not later than 30th September, 1902, except in the seven categories specified in para 2 of the agreement, and that the other provisions in the agreement should also be accepted. I, however, accept the agreement, subject to the following modifications:—

(i) At "the time of reviewing the question every year, special attention should be given to categories 1, 2, 4, 6 and 7 and wherever possible steps should be taken to gradually abolish contract labour in these categories also.

(li) Suitable amendments should be made in the Industrial Disputes Act and Payment of Wages Act as recommended above.

(iii) No one should be allowed to work as a Contractor unless he holds a valid licence and rules for issuing licences should be framed so as to include suggestions made above."

-The amendments recommended by Mr. Dave in the Industrial Disputes Act and In the Payment of Wages Act appear in paragraphs 33 to 36 of his report, which I set out below:

"33. I would also suggest amendment of the definition of 'employer' as given in the Industrial Disputes Act, 1947. The principal employer is, under the present definition, not an employer, in cases of work- men employed by a contractor. The definition should be so amend- ed that the principal employer would come under the definition, even in respect of workmen employed by a contractor. In this connection, clause (e) of Section 3(14) of the Bombay Industrial Relations Act would serve as a useful t^uirie

34 I may here al^o mention thnt' the definitions piven in the Workmen's Compensotion Act, 1923 p^d M'rc'T Act, 1942 ere wirlf enoucVi to cover the responsibilities of the employer in eases of labour employed by or through contractors Section 12 of the Vorkmi^V¹ Compensa-tion _Act makes the urincinal employer liable to pav compensation even in +he case of a wortman employed bv a contractor. The definition of owner Piv^n in Section 2(1) of the Mines Act-mentions that "any contractor for the working of H mine or pnv t wt thereof shall be svbiect to tho Mines Act in Hk^ nann-i .T, if "he Tvo^e ar> owner but not so as to exempt the owner from rmv "•iehility."

35. I would, therefore, suggest that suitable amendments be made both %t the Payment of Wages Act and in the Industrial Disputes Act. 1 may add that all the representatives of the employers and all repre- sentatives of workmen WHO appeared before me agreed to this. 36. I would make one more recommendation and it is abouL licensing of contractors. The Bihar Labour Enquiry Committee had recommended that contractors should be licenced oy the State and should be requir- ed to maintain a register of all payments etc. In my opinion, this recommendation deserves to b^ carried out in cases where a¹ contrac- tor employ one hundred workers or more. I would suggest that giv- ing of licences to contractors should bo on a liberal scale, so that there may not be the evils of monopoly. A security deposit should be taken from the contractor, so that it would safeguard the interests of both the principal employer as well as the labour. There should be a condition m the licence thart if a contractor was found guilty of unfair labour practices of non-payment of fair and proper wages to his labouicrs, his licence would bo cancelled without his having a right to claim compensation and his security dc-uosit may be forefeited in such cases. It may even be made a penal offence if a contractor is found guilty of unfair labour practices on more occasions than four or five."

One might have reasonably expected that having readily agreed to abolish employment of contract labour, the evil would be speedily discontinued. But ex- pectations were belied. The evil lingers, although, may be, reduced in volume.

2. In the Annual Keports pub'ished by the Government of India (Ministry of Labour, Employment and Rehabilitation, Department of Labour and Employment-) on Labour relation?, Wages, Social security, Working conditions and allied matters, for the years 1965-06 to 1968-tiO, the following reviews appeared on the working of the bipartite agreement:

d. In thete circ-UiiA^tances, the Centra 1 Government referred the following m- liublrial dispute between tne employers in illation 10 tne ("Odl Mining uiaiistry and their workmen to this CouU 01 Inquiry 111 e.iercibe oi tae powers (.omened by Section 6 of the Industrial .Disputes Act, 1947, namely: —

"1 To review tne implcmtntaiion ol the recoiinneiiuauons of the fl.r.st Court 01 Inquiry tet up in 1UGO unaer noiiiimiion or me Government ol India in ihe late Ministry oi L.auoui ana .employment i\o. b-O. ^G34, cialcd the olst October, 11)60, PUDUJWU in the UazcUe ol India Part II, Section 3, t,uu-scction (ii) daLod uie atn November, 19bU, aiid in particular to consider—

(i) Whether managing and raising-curn-selling contracts should be abolished or not, and

(ii) What steps should be taken for tho progressive abolition of the con- tract bybtem in the 7 categories which were exempted in the bi- partite settlement dated the 30th October, 1961."

4. It is not necessary for me to refer in detail to the recommendation made by previous Commissions and Committees on the undesirabiiity ol retention of tne contract labour system. The system carried with it unfair dealings with labour and underpayment to them- The system has been universally condemned, as stimciently summarised in paragraphs 8 to 14 of the report submitted by the Dave Court ol Inquiry, which may be read in this context. It is too late now to advocate the revival of the contract system of employment of labour excepting possibly in some exempted categories, which I shall hereinafter examine. It la enough for me to remind myself of the words of the bipurtite agreement between the coal industry and the workmen before the Dave Court of Inquiry, namely, "It is hereby agreed that the system of contract labour shall be abo'ished in the coal industry subject to exceptions stated herembelow". If there is the agreement that the contract labour shall be abolished, it must not be allowed to reappear either in Its nascent or in its re-oriented or re-edited form.

5. This time, the contending parties did not show the least inclination to settle the dispute as they did last time The employers particularly tried to fight the disputed issues to the finish.

6. Notices of this enquiry were sent to the following:

1. The Secretary, Indian Mining Association.

2. The Secretary, Indian Mining Federation.

3. The Secretary, Madhya Pradesh and Vldarbha Mining Association.

4. The Secretary, Indian Colliery Owners' Association.

5. The Secretary Indian National Trade Uni.m Congress.

0. The Secretary, >lind Mazdoor Sabha.

7. The General Secretary, All India Trade Union Congress.

8. The General Secretary, United Tradr Union Con^ress.

9. The General Secretary, Indian National Mine WoTkrrs* Federation.

10. The Gen^-al Secretary, Indian Mine Work"-3' Federation.

11. The Secretary, Joint Working Committee.

12. The Managing Director, National Coal Development Corporation Ltd.

inviting them to ^uhmit their statements in writing. Pmsuint to the notices, statements were filed:

I. On hehnlf of the management by

(a) Indian Mining Association

(b) Indian Mining Federation.

(c) Indian Colliery Owners' Association.

(d) Madhya Pradesh and VHarbha Mining Association.

(e) National Coal Development Corporation.

II. On behalf o/ Workmen by

(.a) Indian National Mine Woriters' Federation,

(b) Indian Mine Workers Federation. (e) K'lyila Mr^door Panchayat (an organisation which was not a party naiiicti in the (Reference but whim written statement was later en adopifd by the Hind Mazdoor Satiha)."'

Although the writien statements on behalf ol the employers are several in number, they are in substance not very diljerent.

7. Tlio Indian Mining Association, in paragraph 8 ai their written statement, stated.

"***the Association submits that the demand now raised for the abolition of raisiiv,'-ci. i-sci in? and/or Managing Contracts was rfised by the Indian National Mine Workers Federation on the a'leged contention that former raising contracts, which were to have been abolish. • in Lerrr.s of the said bipartite agreement, have been continued, "under the garb of raising-cum-seiling contracts". The said alle^.iti in u.j.; mfde ai the Ninth Session of the Industrial Committee on Coal Mining held in Augcsl, 1'164, at wMch it was agreed that a bipartite CommiL1.ee would look into specific complaints. The Association submits that the JcinL Working CoivmHite ol the Indian Mining Association, the Indian Mining Federa- tion, tlie Ind ai Col'iery Owner¹, Association end the Madbya Pradesh and VicJarbhi Aiming Association invited the unions to submit specific cases of alleged) extension of the ruining contracts system, "in the garb of raisin#-cum-selling and/ cr Aljnanni'i Co'iliacls" for investigation by the said bipartite Committee by visits to :he <\)llieiie5 cmcineil. The Association craves leuve to refer to the record mto-. of in .pO'-^Yns undeitiken by the ^aid bipartite Con.mittee which are counter- signed by repicxet fatives* o£ the Unions and which established that the compiaints of extension o[ raisi if,' coitractt, ''in the garb of raising-rum-sriling and/or Manag- ing Con trad s" wetc without foutKlatlon. The Association further submits that there is no ju?Uf>ntion i!or abolition of raising-rum-selling and/or Managing Contracts on the following, amongst other, grounds:

(a} Thrt fov the purpose of payment of wages and observance of fair labour standards the Managing Contra-.'tor h the principal employer and Is accountable to the authorities therefor;

(b) That Managing Contractors are accountable, under the Mines Act. • Rules & Regulations framed thereunder, to the Director General oi Mines Safety and aie recognised as such;

(c) That there have been no complaints whatsoever from any quarter barr'np, the imaginary complaints of certain interested unions of non-payment of dues by such Managing Contractors to their workmen;

(d) That Ihe nUeged extension of Ihis system Is enti'ely imaginary in that in teims of Rules 37 and 46 of the Mineral Conce3sbi Ru'es. 10(50 It is net possible to appoint contractors for raising and selling cnal withn it express permission at collieries after the l!2nd August, 1961 on which dqte a notification applying the afcresaid rulea to Coal Mines was published by the Central Government.***

Tint since rai.Mn^-cwm-seiHntj contracts arc In the position of principal employers thel- abolition will amount to closure of the undertaking."

It is further stated in paragraph 12 of the said written statement.

"That tv>p ouestlon whether Contract labour should bR permitted in tiny piven ca=e should depend not on the critical or abstract objections to the -.•ypfem of contract labour, but on the terms end conditions under which the contract labour f.i employed. It Is further submitted that where the work is intermittent and the workmen would hnve to wait for lone ner'ois for th°ir lurn of work and If it Is not of perennial r'fitrrp and If it would not bo advisable to engage certain member of wo-kmer on a n°rmanent basiT,. the contract' system for such work cannot be assailed."

_ So far as sicking of pit and driving of incline, sand loading, dyke cutting, caol loading and unloading, miscellaneous civil engineering work, overburden removal and earth cutting work and soft coke manufacturing work are concerned, employ- ment of permanent non-contract labour was opposed, in the written statement, on the grounds that those were either seasonal or intermittent work or work o£ fluctuating nature and employment of permanent labour for such works was not feasible. In paragraph 19 of the written statement it was stated:

"That it is a universal and recommended practice in, mining and other incluftries- throughout the world to airange for certain specialised works connected therewith to be framed out to persons who have the neces- sary skills.*** This is a normal feature in most industries and in the case of coal mining the same position obtains in respect of many operations. Examples are prospecting and drilling, fabrication and erection of plant, machinery etc., and other works' relates to coal mining. Any substantial interference with this system would frustrate the normal practice of employing specialised skills on a con- tract basis in appropriate circumstances and would damage the ability of the Coal Industry to function economically according to modern methods. This would in turn damage the economy of the country by adding unnecessarily to the cost qf a basic raw material."

I refrain from referring to the other written statements, filed by different manage- ment organisations, because they are not substantially different.

8. Of the written statements filed on behalf of the workmen, the written state- ment filed by the Indian National Mine Workers Federation (I.N.T.U.C) is the fullest. The first few paragraphs of ihe "written statement relate to the undesi- rability cf the continuance of the contract system and summarise the report of the Dave Court cf Inquiry. In paragraph 3(j) of the said written statement it is stated

"That most of the provisions of the bipartite agreement and the recommenda- tions of the Court of Inquiry referred to in paragraphs (G) and (I) above remain still unimplemented; some of them have either been openly violated or by-passed. The instances of non-implementation and/or violation may'be summed up as fellows: —

(i) that the contract labour has not yet been abolished in aril processes dnectly connected with the raising and despatch of coal and manu- facture and despatch of coke in all collieries.

(li) that no annual review of abolition of contract system in exempted categories has taken place inspite of persistant demands from the workmen and their unions.

(iii) that no step whatsoever has been taken gradually to abolish the contract system: rather the employers have been trying to renew the existing contracts and to extend the contract system in the non- exempted categories also.

(ivi that the principal employer is neither making payment of wages direct nur is he prepared to shoulder the responsibility for seeing that the wages are paid correctly.

(v) that no arrangement has been mad? to pay the contractors' labour from the office of the principal employer nor has he ensured fair labour standards and fair labour practice.

(vi) that the provisions of the Payment of Wages Act and the Industrial Dispute Act have not been suitably amended.

(vii) that no system has yet been introduced for issuing licences to the contractors or for taking security deposit to safeguard the interests of trie workers.

(viii) that one of the most flagrant violation of the bipartite agreement/on the abolition of contract system and the recommendation's .-of the subsequent report of the Court of Inquiry was the ronvep&on cf the much condemned "Raising contract system' into 'Ratsing-cum- selling contract system'. In many collieries the principal employers were themselves the purchasers of coal produced hy the socalled 'Raising-cwm-Selling' contractors.

(ix) that ev<=n in some big¹ collieries of reputed owziers a new type of contract has been introfjucad. In this system, the contractor supplies labour as per requirements of the minagement for various

types of works of permanent nature such as packing, timbering, store dusting, stowing, line setting or repairing and even loading and tramming both on surface and underground. Such workers work like other time-rated workmen, but they receive their payment fiom the contractor who is paid by the principal employer either on the bacis of a fictitious bill, or on the basis of the number of persons supplied by him."

In paragraph 5. 6. 7 and 8 of the said written statement, it is alleged:

"5. That the bipartite agreement dated 30th October, 1961 did not only allow the managing contract system to continue, but ride clause No. 5 of the settlement, treated managing contractors as principal employers.

6. That normally where the principal employers fail to run a particular colliery profitably "it is handed over to a managing contractor who runs the colliery as his own, and who pays an agreed amount per ton as royalty. Naturally, to convert an uneconomic nines into an economic one and also for earning profit after payment of royalty in addition to meeting other obligations, managing contractors have no alternative but to resort to unfair means including underpayment or non-payment of wages and other benefits to the workers.

7- That raising-cum-selling contractors (formerly known as raising contractors only), however, have nothing to do with the management of the colliery. They recruit productive labour, who work under the supervisory staff employed by the principal employer. In most cases the contract is for raising coal from the pits and dumping it in the depot- But in some cases the contract includes loading of coal into wagons, sales and despatch being the entire responsibility of the principal employer. The contractor is offered certain rate per ton for raising coal. This rate is so uneconomic t h at no contractor is expected to make any profit unless they deprive the workmen of their legitimate dues.

8- That the very fact that the raising contract which was to be completely abolished had been converted into raising-cum-selling contract reveals the real intention of the employers to perpetuate this system under the garb of managing contract system, both of which are, however, pernicious and derogatory to the interest of the workmen. To effectively end all controversies, it is necessary that managing contract system also should be abolished forthwith.* * * " This is in short the pleadings on the basis of which I have to proceed.

9. On behalf of the workmen there were 5 witnesses examined, namely, (i) Lalit Burman, General Secretary of the Bihar Koyala Mazdoor Sabha, who has experience of Jharia fields; (ii) Safique" Khan, General Secretary of the Coal Workers Union, whose activities are confined mainly to the National Coal Deve- lopment Corporation, Hazaribagh district; (iii) S. Das Gupta, Secretary of the Colliery Mazdoor Sangh, who has experience of working in Bihar roal fields; (iv) K. B. Chougule, Vice-President, Madhya Pradesh Indian National Trade Union Congress, who is aware of the working conditions of the collieries in Madhya Pradesh and (v) S. K. Sarma, Vice-President of Koyala Mazdoor Panchayat, expe- rienced in the affairs of collieries in Jharia and Katrasgarh area. On behalf ol the employers 8 witnesses were examined, name¹y: -

(1) N. Banerjee, a Mining Engineer of New Govindpur Colliery at Katras- garh.

(ii) Sankar Prasad Ghose, Statistician of Indian Mining Association. (iii) Sukumar Rakshit, a retired Chief Mining Engineer of Andrew Yule Group of collieries.

(iv) K. Rai, Chief Mining Engineer of Production in National Coal Develop- ment Corporation.

(v) S. N. Basu, Chief Personnel Officer of Raniganj Coal Association, (vi) M. K. Bhattacharjee, Agent of Sandra Bansjora Group of Collieries, (vii) Balbir Singh Grewal, Agent of Shaw Wallace Group of CoFieries. (viii) J. S. Grewal, General Manager of Raniganj Coal Association Limited.

10. The oral .evidence has not been much helpful to me. I shall atonce give an analysis of t hx oral evidence hereinbe^w. The general impression left on me is that what had been readily conceded before Dave Court of Inquiry is now regretted by the management and they want to salvage what they had agreed to forego before that Court of Inquiry. The witnesses on behalf of the management did not. however, frankly tell me how and in which way the agreement made before the Dave Court of Inquiry hurt them the most

11. I turn first of all to the oral ev'uK >_e tendered o-i behalf of the workmen.

fa) Tho first witness examined on beh df of Lhc wo kmen was Lulit Burman, General Secretary of the Bihar Koya a I.Iszdn,;r Stbha, having experience in Jharia coal fields. According to him the ttcinij^nj Coal Association Limited was continuing the old system of employing r-ji;-ii>; contractors at the following col- lieries or coal fields or quarries: (i) Kustore colliery (li) BNR No. 7 Pit (iii) Alkusa South 4 Pit (iv) A'kusa South 7 Pit (v) Alkusa South No. 3 Pit (vi) Alkusa South No, 5 Pit (vii) Alkusa South No. 6 Pit (viii) Buragarh No. 8 Pit (ix) B. N. R. No. 5 Pit (x) Gonshadih No. 3/4 Pit (xi) Kustore No. 1 Pit (xii) Alkusa South Quarries, all located in Jharia Coal-fields,

Further, according to him, the East Balliaree Kendwadih Colliery Company (Private) Limited also was continuing the raising contract system in 1/12 and 2/12 inclines. A'so, according to him, West Gopalichak Colliery lately introduced the raising contract system in its quarries as well as in No. 4 Pit. Raising con- tracts, according to him, were mostly oral contracts and few of them were reduc- ed in the form of writing. So far as the exempted categories were concerned, this witness frankly conceded that he was not in a position to make any sugges- tion aa to what steps should be taKcn for their progressive abolition.

(b) The second witness examined on behalf of the workmen was Saflque Khan, General Secretary of the Coal Workers Union, whose activities are confined to the mines of National Coal Development Corporation in Hazaribagh district. He mainly dwet on the wide scale retention of exempted categories of contract labour in the collieries of the National Coal Development Corporation, which according to him, could be done away withn He also conceded that he did not have any formula about the steps that should be taken for the progressive abolition of the exempted categories of contract system.

fc) The third witness examined on behalf of the workmen was S. Das Gupta, Secretary of the Colliery Mazdoor Sangh, Dhanbad, experienced in Bihar coal fle-ds. In answer to a question put by the court he said:

"Excepting the raisin?-ram-t-oiiint" contract which is marked X for identi- fication before thi tribunal I have not read any other raising-ewm- fclluis contract. T have not lead any raiding contract, simpliciter. When I ray thai, the old evils under the raising contract have been brought unrJer "aisiny-cnm-scllmf; contractor, ] say that because of the type ot wo>k r'ono by contractors. What I mean to say is this that I find tbe contractors to do the tame type of work now as they us^d to do in the |}ast. This is the only data on which I made the above observation."

He further said in Irs evidence that the collieries named in Anncxure T3 to the application for discovery, filed by Indian National Mine Workers Federation, did have rai ing contractors. The collieries named in the said Anncxure B to the application are:

1. Hindustan Coal Co. 2. Laio Colliery 3. Central Sounda Colliery 4. N.C.D C. Sounda Colliery 5. Central Kurkend Colliery 6. East Bolliarce Kendwadih Colliery

7. Gansadih Colliery

8. Sijua Colliery • 9. BhelaLand ColUu y

10. Malkr'-i-Choitodili OoMjr\ 11. Bha+dee Colliery 12. Jcaltfora Govindmir Cjli,^ * 13. Industry/West Ens Collie r> 14. B m-Jamiiian CoTis:'"/ 15. Boiiheri Colin.ry 16. Khas Dharmataad CoLiery 17. Khas Melvtadih Colliery.

He also complained a^'ain ,t rctcncion of tv: exempted categories of labour by N.C.D.C. collieries • id expressed the offhand opinion:

'"Most o* the contract labourers are not skilled labourers, even if it becomes nr"tt,fcary 1o recruit skilled labour for the purposes for whi^h contract labour used to ha employed, even such laboui ers are available locally If there be necessity ior employment of casual labourers, such labourers are freely available. In my opinion the seven exempted categories can be sconce abolished tout if they have to be abolished under a phased programme, such programme may be worked out."

He however admitted that he had no mining qualification. He gathered know- ledge by association with mining people

(d) The fourth witness on behalf of the workmen was K. B Chousjul?, Vice- President of Madhya Pradesh Indian National Trado Union Congress, experienced in collieries in Madhya Pradesh. According to him:

"In Madhya Pradesh I am not award of existence of any raising contract at present. In Madhya Pradesh there is no Managing contract and no raislns-ciwrt-selHng contract."

He also said that in Madhya Pradesh contract system was prevailing in exempted categories. According to him:

"In my opinion, stone cutting, dyke cutting, wagon loading—these works can immediately by commenced departmentally. So also can the work of truck loading be immediately taken over. Excepting civil engineering work all other works can be immediately taken over. Civil Engineer- ing work also may be taken qver within a very short time."

This is merely opinion evidence of a person who admittedly has no mining quali- fication.

(e) The last witness examined on behalf of the workmen was S. K. Sharma, Vice-President of Kcynla Mazdoor Panchayat experienced in Jharia-Katras area In his examination in-chief this witness said:

"There are three kinds of raislng-cum-selling so far as I am aware. The first type, of raising-eum-selling contract is raising contract simpllciter. The¹ contractor raises coal and makes over the raised coal to the owner—he does not sell- The second tvpe of contract is such as the contractor raises coal and sells coal without approval from the Central Government under the Mineral Concession Rules, The third type ol contract is that the contractor raises coal and sells, both with the anproval of the Central Government under the Mineral Concessions Rules. The majority of the contractors are of the first type who merely raise coal and hand over the same to the owner without selling the same to consumers. The first type of contract prevails in New Govindpur colliery (Jharia Coal field at Katrasi, Central Koo^idlh colliery (Katras-Jharia area), Lakurka colliery (Katras area), North Akas Kinari colliery (Katras area). In the collieries that I have named there are three or four contractors. There are written con- tracts in some of them and verbal contracts In others."

He also said that a colliery need not employ contract labour "t all. His evidence, however, is hearsay evidence because he repeated all that ho heard from con- tractors.

12. The ilrst witness examined on behalf of the employers was Mr. N Banerjee of New Govindapur Culliery of Kalrasgarh. His evidence mainly related to the employment of contract labour in the making of s^ft coke. He minimised th" defeats of employment, <~n ivnL-aci i&tiuiij 111 the lot¹ owing way.

''Attendance of workmen is kepi both by the moiiaEemtot and by the con- tractor- It is necessary for the mine men to Keep ICCJKJ of attend- ance of contractor's labour in older to check up In. ctnaacloi's pay- ment to workers and also to check up his bills. The attendance of our permanent workmen and the attendance of contractor's workmen are not kept in the same attendance register- The Mines Inspector also checks the atten lance tc liter of contractor's labour. Thers Is no prescribed form of the book in which the attendance of contractor's labour Is noted. It Is noted in an ordlnpry book "

He gave several reasons why employment of contractor's labour Is beneficial to the Industry, namely:

"It is not possible for a coal mine to take away labourers Crom other works and to employ them in preparing stacks and poles for coking of soft coke. The workers are more or less attached to contractors and it may be difficult to recruit labourers directly. It Is not profitable also to do away with the contractors and to employ labour directly. Thirdly, if such labour be directly employed somebody will have to be engaged in supervising their work and that means extra costs. Last- ly, a contractor may readily supply workmen but the management may find it difficult to recruit workmen."

The next witness examined on behalf of the employers was Sukumar Rakshit, 0 retired Chief l\', i'linjf Engineer in Andiew Yule & Co. group of colllorif", according to him, Andrew Yule fiioup of collieries, did not have raising contractors but did have exempted cjte^orit.'s of con ract labour. He supported the employment ol contract labour m exempted categories on the grounds of infrequent or lnter-mit- tent nature of the work and possession of necessary Implements by contractors. He said that the exempted categories required skilled workmen but did not say that recruitment of such skilled workmen would not be possible locally or from abroad. He admitted that in Andrew Yule group of collieries sand stowing, coal loading and underground woik were all mechanised and did not require employ- ment of contract labour. The other wlinessca examined on behalf of the employers was K Rai, Chief Mining Engineer of Production in the National Coal Development Corporation. He generally supported the employment of contract labour on several grounds, namely:

(a) difficult nature of some of the works, namely, sinking of Pit as In Sudamdih colliery, where the aid of Polish experts had to be requisitioned

(b) Time factor. Departmental work takes more time than" work through con- tract labour, because contractors can work their labour more arduously than what labour legislation permits emplovcrs Uke N.C-D.C. to do. The contractors pay the workmen less wages and get more work done.

(c) Unremunerative nature of the work, for "example, in the case of sand load- ing, when sand Is loaded from river beds.

(d) Intermittent nature of the work, for example, in case of dyke cuttings Ther fifth witness examined on behalf of the employers was S. N. Basu, Chief Personnel Officer of Raniganj Coal Association Limited. He dlsoutcd the evidence of Lalit Burraan, witness no. 1 for the workmen, on the point that Raniganj Coal Association employed contract labour In large scale- Excepting in Buragarh No. 8 pit, he said, there was no contract labour anywhere under the Ranigani Coal Association. He, however, admitted that the contracts with raising contractors were oral contracts and not written contracts.

The sixth witness on behalf of the employers was M, K. Bhattacharjee, Agent of Senda-Bansjora Group of collieries belonging to Senda Bansjora Colliery Private Limited. He supported the existence of exempted categories of contract labour because of the intermittent nature of the work. In answer to a question put by the Court he said:

"I can suggest two ways of getting rid of contract labour In the exempted categories. One Is fully to mechanise the collieries and the other la to maintain a central pool of qualified labourers wherefrom required number of labour may readily be available- * • kinds of exempted

work cannot be mechanised, say for example, civ:l engineering \n orks-.' Real remedy may be lo set up a central pool o" labour wherefiom the desired number of labour may bf) recruited for casual and temporary worn ana m

The seventh witness on behalf of the employers was Ealbir Singh Grewnl, an agent on special duty under Shaw Wallace & Co., managing ai^nls lor three coal com- panies, lie supported the employment of contract la..our on coal loading and un- loading on the ground oi irregular supply oi w^go.is. For jinking of pits, he. sought to justify employment of contract, labour on the ground that the work required trained labour. lie said in answer to a queoiiun put by the Court:

"Skilled labourers for pit sinking are locally obtainable. Management how- ever prefers employment of a conti actor, firstly becau-e he can more easily collect Ihe requisite number of skilled labourers, secondly, because he hns greater practical experience in work although theoreti- cally mining engineers know much more and thirdly supervision of skilled labour is better done by contractors than when departmentally done."

He also gave the usual reason ^for employment of contract labour in exempted categories, namely, that the work was intermittent in nature.

The last witness examined on Ibehalf of the employers was J. S. Grewal, General Manager of Hanlganj Coal Association Limited. He also disputed the evidence of Lalit Burman about the large scale employment of contract labour for raising coal and partly admitted thnt Buragath colliery employed raisin; contractor which contract was not in writing. This is a rapid summary of the oral evidence adduc- ed by the parties themselves. I may have to refer to detailed aspects of such evidence later on.

13. The evidence, as adduced bv the parties, was a good deal uninformative or opinionatlve. On April 26, 1969, I therefore, accepted the joint player made by Mr. Worah for the Industry and Mr. Mehta for the workmen to meet selected representatives of the management and the workmen for a more frank discussion. I heard some of the selected representatives of the parties but even that did not yield better results.

14. In the aforesaid circumstances, I thought of examining some Government Officers connected with coal industry as Court wilnesscs. That I did while I waa camping at Dhanbad in connection with the enquiry. The first Court witness examined was Sri A. K. Mitra, now the Chief Mining Engineer, Coal Board, who used to b? the Deputy Coal Controller, Production, prior to that. Questioned about 1he prevailence of the contracL system in coal Industry, this witness answered:

"The problem of raising contract is more in Bihrrr, because of the density of the coal mining area, because of the larcjensss of urodurtion and the largeness of the number of working unitr. involved. T cannot, however "iv that the system is not prevailing in tho rtat?s like West Bengal, Midhya Pradesh or Maharashtra. In my r i d i ng of the si'ua- tion, as in the report of the Dave Court of Inquiry. VT* evil of eT loy- ing contract labour in rai.in" vn\ bps mt n ^irmv'xl i^c¹* in any way. I an aware tuat Vi<* WB'^ri o[ r'nnng conl hv hnviis* contrac- tors working as raising-cum-selling contractor or MTni^nrc: Con'r^c. tor has come into rv^>-ati"n dur'ic Tie ]act r if v"nr in at loa't two casi">s to my knowledge, both Jn Jhnria cenl f!°ld. Af IM¹¹ '"t-T^e I should not better np-^vr them," (UndciIJnr'd by we).

I do not undprstand the nature of thp mnrlp^tv or official secrecy. iC 'any. which pre- vented this witness from dl^clo^na the names of the offenrlin^ coll'eries before the Court o[ Inquiry. UP Rave reason why the pmplovment of contract labour did not show signs of abatement even after the Dave Court of Inquiry report. He "atd-

When shown the Report on Labour Relations, Wages, Social Security, Working •Conditions and Allied Matters lor the year 1968-69 btating that out of 226 col- lieries in which the contract system had been in vogue, fie system was still con- tinuing in 20 collieries, the witness frankly confessed that he was unable to vouchsafe the correctness of the figure. Examined on the question of progressive abolition of the exempted categories this witness expressed the opinion:

(a) Sinking of pits and driving of inclines being jobs cf ad hoc nature have of necessity to be done on contract basis. Apart from this, these are specialised nature of jobs and only specialised contractors can perform the job satisfactorily.

(b; Sand loading should be retained to be done on contract basis- The reason is that sand gathering is done mamly In the river bed and it is done for about B months in a year excepting for '6 months when the river is in flood. Keeping a labour force on permanent footing will torce the collieries to make them pay their wages for these three months also- Apart from this, the Coal Board has now progressively undertaken a scheme of supplying sand 1o collieries by its own Central Ropeway Scheme and over the next few years, more and more collieries who are now retorting to loading the sand from the river bed by manual labour would be supplied with sand from the Ropeways

(c> Dyke cutting and driving of stone drifts and miscellaneous stone work should also be done on contract basis, as the jobs are of ad hoc nature and are of specialised types.

(d) CoaJ loading and unloading Wagon loaders 'hould be made permanent The only difficulty in the way ol making them permanent is that the wagon supply position is uncertain and "for that the Railway is responsible.

(e) Miscellaneous civil engineering works of an irregular and intermittent nature should continue to remain In the exempted categories excepting for such civil engineering work, for example, repairs, etc.. which are of perpetual nature

ff) Overburden removal and earth cutting. This work is also of periodical nature and it is difficult to provide for permanent labour. Thij should also be in the exempted category.

(g) Soft coke manufacturing should not be left in the hands oi contractors- This work does not require any specialised knowledge either in the construction Bhala or in making soft coke.

He expressed the following general opinion as to why contract labour should be wholly abolished.

'The contract labour so far as Jharia coal field is concerned, has got ^ special aspect than the. socio-economic questions. It is only the re servoir of prime coking coal which Is solely- needed by the Steel Plant- The known reserve of prime coking coal to-day is about 13 million tonnes (nett). Of 1hls about 50 per cent- is in the proved category, the balance 50 per cent, being in unproved and probable categories Therefore, we are sure of about 650 million ton as of prime coking coal to which according to present known data an- other R50 million tonnpq of medium volatile coking coal available In Karanpura and West Bokaro coal fields can be added- Therefore, the total reserves of coking coal that will be available according to present day information for the industry is 1300 million tonnes. Without anticipated demand by the steel plants as envisaged in the Fourth and the Fifth Plans, these reserve would be exhausted in 40 or SO years time. The coal density in the Jharia coal field is very large because of 4176 r HE QAZETIV OF INDIA: SEPTEMBER 27, 1969/ASVINA 5, 1891 [PART II—

The second Court witness was K. Mai an. Regional Labour Commissioner, Central, Asansol. He was prepared to put up with Managing contractors on the following line of reasoning;

"The Managing contractors are entrusted with the colliery and they run the colliery themselves and pay an agreed amount to the owner. The managing contractors are colliery owners for all intents and purposes excepting that the right in the collieries are not vested with them. They run collieries themselves. The Managing contractors are bound to pay wages to the workmen according to 1he Wage Board rates and also to pay them all fringe benefits available to them under the law-"

He w"s not, however, forgetful of the possible danger lurking in the Managing contract system. He said, 'I am against the continuance of Managing contract system because once the contract of managing contractor comes to an end, a large number of workmen face unemployment. In coming managing contractor may not elect to take over the workmen employed by the previous contractor'. He was not,' -however, prepared to put up with Raising contractors or Raising-cum- selling contractors- He said:

"In small collieries, although there is nothing on record, persons are actually engaged to work as raising contractors. This Is more so In case of quarries. The raising contractors do not pay their workmen their legal wages that is to say wages payable to colliery workmen by the employers. The raising-cjum-selling' contractors pretend that they pay to their labourers their legal dues and other benefits but In actual practice they do not do so."

-Giviriff an account about the prevallence of the system of raising contract in Asansol and Raniganj area he said:

"In Salanpur area there is a large number of collieries and in all thoae collieries raising contractors are engaged. This- is also the case in some Raniganj quarries."

So far as exempted categories are concerned, he expressed the following opinion: (a) Sinking of pit and driving of inclines may continue to be done through contractors.

(h) System of sand loading by contractors should atonre be abolished, be- cause this is more or less a regular work-

(c) Dyke cutting and driving of stone drifts may continue to remain in the

hands of contractors.

(d) Coal loading and unloading contract system should be abolished, be-

cause it Is a regular nature of work.

(e) Miscellaneous civil engineering work may be left in the hands of con-

tractors.

(f) Overburden removal and earth cutting should be left tn the hands of

contractors-

(g) Soft coke manufacturing should a}so be done by the principal em-

ployer.

Hr emphasised upon the following malpractice attendant on contract system-.

"The existing of contract system leads to this malpractice that when we go to inspect, real coal cutters are passed oft as contractor's men engaged In overburden removal. This has become a source of malpractice." So far as ralsing-cum-selling contracts are concerned, he cave the following answer in cross-examination to Mr. S. Das Gupta:

"I have come across cases where the contractor Is known as raising and selling contractor but he is a mere raisins contractor.

I know that in Dhorl colliery the raising-aem-selling contractor has also employed sub-raising-cum-selling contractors who are purely doing foal raising work."

Further cross-examined by Sri Lalit Burman, this witness replied:

"I remember G- S Atwal & Co., of Asansol employs contractors known as raising and selling contractor^ who are nothing more than raising contractors "

*he third Court witness was Shri S. N. Pandey. Commissioner 01 Coal Mines Welfare. He stated:

•'***by and larft the recommendation m so far ^c it co xjrned the abolition of raisins contract system has ot been implemented There haa been soma orientation made that is to say raisin* contractors are now bems called raislng-cum-selling contractors. . * • * * Kmploymeni of contract labour is not advantageous 10 workmen irom the welfare point of view- They are denied some of the lringe benenth life medical facikdes and other facilities. ***Pnor to the ruling 01 Director-General, contract labour was not eligible for treatment at the Hospital (meaning the Central Hospital m Coal Mines Welfare Organisation)."

He also stated that the response from colliery owners for cm^trucuon of houses for workers is not satisfactory and said, 'I do not know whether this is due to the fact that the labourers are contractor's labourers'. The fourth witness examined by the Court was N. D. Bodade, the Regional Labour Commissioner, Central, Dhanbad- He stated:

"I am aware of the existence of contract labour system in coal raising within the territories administered by me as Regional Labour Com- missioner. The system is very much practised in my area. The col- liery owners ordinarily do not employ contractors for raining coal in writing. It is very difficult to detect which of them are employing sue* labour contractors.

Generally the payment to the contract labour is made on the Pay sheets of the employers. Total amount of wages is paid to the so-called con- tractor and the contractor makes the payment to the labourers, laat payment may be less also-" Condemning the raislng-cum-sellinjj contract he said:

"This new nomenclature has Ibeen invented in order to circumvent the Dave Court of Inauiry Report. The Ralsing-cum-sellln^ contractors really raise coal. They seldom sell."

He was. however, prepared to put up with Managing contractors and stated:

"In my area Managing contractors are lesssees. They are thus responsible persons and there is little objection to retaining such a system."

Speaking on exempted categories he stated:

"Contract system in sinking of pit and driving of inclines cannot be thruat upon employers because these are specialised jobs- It may just be left with people who know the Job-

In my opinion sand loading can be forthwith abolished. So also coal loading and unloading. The miscellaneous civil engineering work should remain with contractors Overburden removal and earth cutting work can also be immediately taken

over by the employer and many have already taken over this work

Similarly soft coke manufacturing can also be done by employers."

Curiously enough he also was not prepared to adopt the figures as disclosed m the Report of the Labour Relations, Wage, Social Security, Working Condition and Allied Matters for 1968-69, He said, since 1055 I have been associated coal in- dustry. I have no Idea on what sort of enquiry did the Government produce the Report of the Labour Relations. The last witness examined as Court witness was tJr" G h o s e' t he D ePuty Director-General of Mines Safety. Before I take up his evidence I need make one observation- I summoned the Director-General of Mines faafety to depose before me while I was at Dhanbad on July 7 1369 On that day he did not pppear. because, he informed me, he had other engagements I fixed July 14, 196.9 for his examination at Calcutta. On that day also he did not &Pthn,,ahCta?heth£a B a in inl⁰TTA me fliat he hnd anther engagement elsewhere

fract iThm,r tn ? °r; ener*t¹ oi ^i n es S a f e ty a b o ut t he c v l ls °f employing con-

to be employed. Mr. H. B. Ghose appeared to know little about the Bhori accident and said, 'The Director General of Mines Safety and Mr. A. N. Slnha, Jt. Director know more about this particular thing than myself. I have no personal knowledge'- Therefore, as a substitute Mr. Ghose did Dot fulfil my expectations. Be that as it may, this witness stated :

"I am aware of employment of contract labour for raising coal- This system prevails almost in all the States where coal mines are worked. The system of employment of contract labour In raising of coal now-a-days is mostly unwritten. My impression is that unwruten contract system is practised in collieries because the original owners themselves earn some extra money in that process. One reason for preference for raising contractors Is profit sharing—it is my Impression. The secret understanding is that contractors shall share with the proprietors a portion of the profit. Contract labour is cheaper, firstly becaus* they are paid less and secondly they work more under the contractors than under the owners of the mine."

Condemning the raising-cwm-selling contract system, this witness said:

"All the old evils of a raising contract attach to these contracts as well-"

He, however, was not prepared to extend the same condemnation to Managing contract system. He stated :

"Managing Contractors are generally large parties who deal with the labour better. Proprietors who have less finances pener,ally employ Manag- ing contractors who arc rich and can manage better."

Speaking or. the exempted categories this witness stated :

"The following exempted categories may forthwith be abolished-

(I) Soft coke manufacturing. (ii) Overburden removal and earth cutting In mines where such operation¹' are likely to last 5 years or more.

(Hi) Wagon loading and unloading can be abolished in larger mines where railway wagon supply is more or less assured, what I mean regu- larly supplied.

Sand loading cannot be abolished because it is too casual In nature. Sinking of pit and driving of inclines can be abolished in such mines, which follow the NCDC pattern namely, horizon system of mining where driving through stone will remain practically throughout the life of the mine.

Dyke cutting, driving of stone drifts and miscellaneous stone cutting work

undergrourd cannot be taken over by employers.

So also Is the case with miscellaneous civil engineering work."

Cross-examined by Mr. Kanti Mehta, this witness gave reasons why contract labour Is cheaper. He said:

"Most of the workers under the contractors worlc on the piece rate basis That gives them the incentive or the encouragement to work more- Because they are paid at a cheaper rate, piece-rated workmen ultima- tely turn out to be cheaper workmen. We have instances of workers working longer than permissible hours where employed by contractors."

15. If I analyse the evidence of the several Court witnesses, the following main features emerge :

(a) Nobody was sure of the fact that onlv in 20 out of 227 collieries the raising contract system was prevailing in the year 1968-69. TM Regional Labour Commissioner'! of Asansol and Dhanbad, both deposed to the effect that in their respective area the raising contract system was prevalent in large scale.

(b) All the court witnesses were vocal in the condemnation of raising con-

tract system.

(c) Speaking of Managing contracts the consensus of Opinion amongst the court witnesses was that they were not objectionable s l o u gh Sri Saran Regional Labour Commissioner Aiansol, expressed the opinion that he was against the continuance of the Managing contract system because once the contract of a Managing contractor came to an end, a large number of workmen faced unemployment. •

(d) There was little unanimity of opinion about the abolition of the exempt- ed categories. A, K. Mitra, Chief Mining Engineer, Coal Board, K. Saran, Regional Labour Commissioner, Asansol, N. D. Bodade, Regional Labour Commissioner, Dhanbad and H. B Ghose, Deputy Director General, Mines Safety Department, were in favour of reten-' tion of Sinking of pit and driving of inclines in the hands of contrac- tors. In respect of hand loading, A. K. Mitra and H. B- Ghose were In favour of retention of this category of work in the hands of contractors. Saran, Pandey and Bodade were in favour of abolition of contract labour in this category. In dyke cutting and driving of stone drifts, Saran was in favour of retention of the work in the hands of contractors. Pandey and Ghose were In favour of abolition of contract tyftem in this category also- So far as coal loading and unloading is concerned, excepting Pandey the other court witnesses were in favour of abolition of contract yystem in this category. In Misc civil engineering work of irregular end intermittent nature, there was unanimity oi opinion for retention of contract labour in this category. In overburden removal and earth cutting excepting A K. Mitra toho was in favour of retention of contract labour, Saran, Bodade and Ghose were in favour of abolition of the contract labour in this category There was unanimity of opinion for abolition of contract labour in soft coke manufacturing.

16'. Mr Mukherjee, for the industry, in couise of his argument, Invited my attention to the following authorities;

(i) Standard Vacuum Refinery- Company of India Limited vs. their work- men, (1960) If LL.J 233;

(ii) United Salt Workers and Indus.lies Limited vs. their Workmen. (1962)

1 LLJ 131;

(hi) Bisti Sugar Mills Limited vs. Ram Ujagar and Others, (1Q6H) II LLJ 447;

(iv) Shlbu Metal Works vs. Wotkmen, (1966) I LLJ. 717; (v) National lion and Steel Company Limited us. State of West Bengal, (1957) II LLJ 23; and

(vi) Gh.itftc and Pntil Concerns' Employees Union <>s Ghatge and Patil (Transports) Private Tinned, (1968) I LLJ, M6,

ceil! conierdod that the above authorities would support his general proposition t^-il I* the work was merely of a temporary nature, appointment of temporal y contract labour would be wholly justified. Mr. Mukherioe, in my opinion, over- •emphasised upon certain observations in some of the aforesaid judgments, out or context. In the case of Basti Sugar Mills (Supra) Das Gupta, J, was pleased to observe;

"For the interest of the general public requires that the device of the engafiement of contractor for doing work which is ordinalil.y part of the industry should not be allowed to be availed of by owners of industry for evading the provisions of the Industrial Disputes Act. That these provisions arc in the interest of general public cannot be and has not been disputed That being the position the impugned definition (meaning Sub-clause (4) of Section 2(f) of Uttarpvaclesh Industrial Disputes Act), which gives benefits of the provisions of the Act to the workmen engaged under a contractor not doing work which is ordinarily part of the industry cannot but be held also in the interest of general public."

Then fignin, in Naiional Iron and Steel Company's case (Supra) Mitter, J, was pleased to observe :

"'Industrial adjudications should not encourage the employment of contract labour as a principle which was laid down bv this Ccuit as far back as 1960, Standard Vacuum Refinery Company of India vs. i+s work- men (Supra)."

Lastly, in the case of Ghatge and Patil Concerns' Emplovees Union v. Ghatge and Patil (Transports) Private Limited, Hidayatulla, J, (as he then was) •observed :

"The present case is not analogous to the case of contract labour vrhera employment of labour through a contractor or middleman put the labour at a disadvantage in collective bargaining and this robbed labour of one of its main weapons in its armoury."

I do not, therefore, think that the mere temporary nature of the work is ai^ over-riding consideration, which must induce me to hold in favour of retention of contract labour in exempted categories for ever.

17. I shall next examine some of the documentary evidence- Mr. S. Mukherjee, learned Advocate for the employers, Hied a few illustrative copies of Managing contracts and Ralsing-cum-Selling contracts, which were marked exhibits respec- tively Ext. 8, 8(a) and 8(c) and Exts. 8(b) 8(d) and Ext. 13. One exhibit for Managing Contract, Exhibit 8, is between Trilochan Banerjee and others of East Bhuggatdih Colliery Company (Private) LJmited and Shri Harishanker ivolyanii Worah, dated September 24, 1D5H. Mr. S. Mukherjee for the employers drew my particular attention to paragraphs 2, 5, 7, 10, l.'J and 14 of the agn ement, which are set out below :

"'2 That in consideration of the premises the Managing Contractor shall lend and advance to the Proprietors or otherwise spend on their account a sum of Rs. 1,60,000/- in the manner hereinafter provided in Clauses 3 and 4 thereof.

5- The Proprietors shall within three days from tiie dale of these present¹: put the Managing Contractor in possession ol the said Colliery and the said Machinery and the said Hallway Aasiatdcl Siding. Subject to the Proprietors obtaining the necessary order lrom the Honourable High Court of Calcutta tor discharge of the receiver appointed ui Suit No- 705 of 19J(J in respect or the baid Colhsry as hereinafter provided and the Managing Contiaitor shall h,ive full power and authority to search for, gel quarry win and dig cr.al by all accepted ai'd recognLul mode ot coal raining m the said Coihcry and manulac- ture coke and otherwise to work the said Colliery accoidini; to the Indian Mines Act snd the Rules and Rct,ula ion, liamed or to bt framed thereunder and all other statutes, byelaws, rules and regula- tions applicable to lh= said colliery and business and in thy conneclioi: therewith to use the .-did machinery and the s ul Railway As^is'eri Sidtng during the said ti"~m without any lawful eviction mterruptior claim or demand by or on tiie part of the Propri^lo/s or any of them. 7. The Managing Contiactor =h"ll have the light at its own cost to bullu on any portion of tho oUriV^iand app< r taming to the said colliery such buildings- structures dhovvrahs cx'C" hes pitlwd baths wash(-ry, coke ovens as it may in it.3 discretion t>Wnk fit and on the lonnuiauou OL thise pre-,enU subjevt to provisions of clause 8 hereof the Manag- ing Contractor shall have the right to demolish and/or remove tiie said buildings strmtures dhowrahs cicelies w.^shery coke ovens.

the receipts and challans in respect of any payment regarding cessts taxes and other impositions and assessments if any as aforesaid but nothing herein contained shall include any right of the Proprietors to inspect receipts or accounts in respect of other expenses to be incurred by the Managing Contractor in connection with the working of the business of the said colliery."

Mr- Mukherjee seriously argued that the Managing Contractors were in law and tact virtually owners of mines, subject to certain liabilities to the real owner. They were responsible for all legal dues payable to the workers. He further argued that real owners who were either financially weak or unable to manage the colliery themselves on account of family dispute generally elected to engage Managing Contractors. In such circumstances the colliery must be worked by some responsible agent, otherwise this important source of mineral may remain unexploitcd lie pointed out to me that after the management was entrusted in the hands of the Managing Contractors, indebtedness nnd productinn in many collieries Improved and In that context "he invited my attention to Exts. 2G, 27, 28. 29. 30 and 31 He also submitted thut these managing contracts were entered into with sanction of the Government under Rule 37 of the Mineral Concession Rules, I960. The said rule reads:

"Transfer of lease. (1) The lessee shall not, without the previous consent in writing of the State Government, which in the cose of a mining lease in respect of any mineral specllled In the First Schedule to the Act shall not be given except after previous approval of the Central Government—•

(a) assign, sublet, mortgage, or in any other manner, transier the mining

ifMV, or any right, title or interest therein, or

(b) enter into or make nny arrpngement contract cr understanding where- by the lessee will or may be dhectly or indlrpitly financed to a nvbhtintial extent by, or under which the l e v a 's operations or undertakings will or may be substantially controlled by, any person or body cf persons other than the lersce.

(\A> An application Tor transfer of mining lease shall be disposed of by the State Government within nine months from the date ot Its receipt, and, if it is not disposed of v, lib in that period, it shall be deemed to have been refused. No. MII-1G9(-14)/.31 dated the 6th May, 1953.).

(2) Withwut prejudice to the provisions oi' sub-rule (1) the los"(;e may subject to the conditions specified in the proviso to rule H5, ti ansfer his k'fi^e or any right, title or interest therein, to a person holding- a ce.tilWLe'of approval and an inrome-tax clearance ciiiiu^ate In Form C from the Income-tax Officer concerned on payment of a fee of raprrs one hundred to the State Government :

Provided that the lessee shall make available to ^he transferee the original or certified copies of plans of abandoned working in the area and in a belt G5 metres wide surrounding ft.

Provided further that where the mortgage is the Industrial Finance Cor- poration of India or the State Trading Corporation of India or a Stale Finance Corporation, it shall not be necessary for any such Corporation to hold a certificate of approval and an income-tax clearance certificate. (No. MTI-152(33)/58 dated the 16th May, 1962),

Provided further that the lessee shall not charge or accept from the transferee any premium in addition to the sum spent by him, in obtaining the lease and for conducting all or any of the operations referred to in rule 30 in or over the land leased to him (MII-152(58)/61 dated the 30th April, 1963).

(3) The State Government may, by order In writing determine any lease at any time of the lessee has, in the opinion of the State Govern- ment committed a breach of any of the provision of sub-ru'e (1) or has transferred any lease or any right, title or interest therein otherwise than in accordance with sub-rule (2).

Provided that no such order shall be made without giving the lessee a

reasonable opportunity of stating his case.'¹

Some ol the sanctions are marked Exts., namely, Exts. 25, 25(a) and 25(b).

18. Thus excepting for the one criticism, made by witness K. Saran, Regional T^abour Commissioner, Asansol, that Managing contracts carry with them inherent

danger to the workmen that if the managing contract comes to an end the workmen, employed by the Managing contractor loose their jobs, n0 substantial objection to the retention of Managing contract were established before me. Even workmen's witnesses were not vocal in condemnation of Managing contract system- All that I can suggest is that before permitting appointment of a mana^in^ contractor, the authority giving permission under the Mineral Concession Rules should be satisfied that the terms of contract are such that the interest of the workmen has been secured at the hands of the Managing contractor. Legal draflt>manship may draft a Managing Contract in such a manner as may leave the workmen unprotected totally under the Managing Contractors.

10. I next turn to the Raising-ciiro-Selling contract system. A few representa- tive copies of such contracts were exhibited before me, namely, txt. 8(b) Ext. 8(d) and Ex. 13 19(a). Mr, S. Mukherjee for the industry argued in the first place that the definition of an owner In the Mines Act, Section 2(1) includes a contractor for the working of a mine or any part thereof and keeps him liable in like manner as if he were an owner but not so as to exempt the owner of any liability. Ex- plaining this point Mr. Mukherjee submitted that a raislng-sii'^-seHlng contractor worked in a coal mine because he raised coal and therefore was subject to the liabilities of the Mines Act. He is not a mere seller or a selling contractor and for employment of such a responsible person, there should bo little objection. He next relied on clause (v) of the bipartite agreement before Dave Court of Inquiry, which provided that for the purpose j of that agreement any person entrusted with the production as well as selling r,i coal In a mine, will be deemed to be the principal employer. Explaining this position he said that a raising-cuwi-selling contract stood exempted by Dave Court of Inquiry Report and no challenge to the appointment of raising-ctmi-selling contractor should now be entertained- I am not satisfied with these arguments. The Government now entertains a doubt as to the admissibility of retaining raising-cttm-selllng contractors. The workmen are dis-satlsflod with such contracts. Now, if it appears to me that it has turned out to be the type of contract which is an escape route for perpetuating the old evil of raising contract system, the addition of "selling contract" to "raising contract" is either an ornamentation or a purposive addition. I should not there- fore encourage the continuance of rajsing-cwrn-contracts.

20. Of the court witnesses examined bv me. A. K Mitra said, 'colliery owners •were trying to revert to raising contract system even after having had awreed +o give up the system before the Dave Court of Inauiry' K, Saran, Regional Labour Commissioner, Asansol, said, 'G. S Atwal and iCompany of Asansol ernoloypes contractors known as raislm'-cum-sellini? contractors were nothing more than raising contractors'. Bodade, Regional Labour Commissioner, Dhanbad, stated that ralsing-eiim-selling contractors were really raising contractors. This new nomenclature- was invented in ordor to circu"w"r^ 1h" Dave Court of Inquiry HeporL. Raising-ctmi-sellin? contractors really raise coal, thov seldom sell.

21 Thus persons, whom I consider to be impartial witnesses are of opinion that RaisinK-cwm-seUine contractors are really raisins? contractors and the new nomenclature has been invented possibly to get a legal cover for the continuance of old evil by taking advantage of the unsatisfactory language of clause (v) of the bipartite agreement.

22. Tt aopears fro'-n Ext. A, the letter addressed to the Joint Secretary, Minis- 1rv of Lnbour and Employment by the Secretary of Indian National Mine Workers Federation, dated 25th February, 1963, Ext. Al. another letter from -the same source to the same Joint Secretary dated 20th March. 1963, Ext. A4, ibr- third letter from the same .source addressed to the Regional Labour Com- missioner, Dhanbad, dated November 26, 1968, Ext. C a letter from the Vice- President of Koyala Mazdoor Panchayat to the Additional Secretary, Ministry of Labour & Employment dated September 24, 19R5 and Ext. F, a letter from the same source to the Regional Labour Com-nissloner, Dbanpad dated May 4, 1964, that the representatives of the workers were constantly complaining to the authorities about the violation of the bipartite nCreompnt by employment of raising' contractors or raising-cum-sellinC contractors, It appears from replies received from the Government that ,"ome of the aliejjFittons were found to be correct and some incorrect [vide Ext. A (2) dated 18-5-19-63, Ext. B dated January 21 1364. Ext D datf-d Sentember 14, 1965. and Kxt G dated July 25, 19641. In th" las! mentioned letter, the Deputy Secretary, Ministry of Labour & Employment, wrote:

''In the reirminine: collieries either contract in unexempted categories ere still being continued in some form or other or payment to con- tract ¹abour in exempted categories are not being made "by principal

employer or supervised by him. The breaches have already been taken up with the management and concerned organisation of employers. We .shall continue to persue the matter with them till they arc set right."

23. At the invitation of the workers, I visited some collieries m Bihar, with the consent of employers. In one colliery named Kara East 5 & 6 pits of Dhori colliery belonging to the Bokaro Ranigarh Co. Limited, I met D, J. Deshmukh, Manager of Dhori coliery. He candidly confessed that there was a raising-eum- selling contractor in the colliery of the designation of Singh & Singh Co. Under him there were 17 sub-raising-cu-m-selling contractors. He admitted that the contracts were in writing. I askfd him to produce a copy of the contract. He promised to do so, if summoned. When I issued summons to him to produce, he avoided and the summons came back unserved because he could not be traced,

24, Mr. S. Mukherjee for the industry, however, tried to minimise the mischief value of the admission made by Sri Deshmukh by placing reliance on an award by the Central Government Industrial Tribunal No. 2, Dhanbad (rude Gazette of India dated J u ne 29, 196B, Part II Section 3(ii) page 3128 ff] in which it was held that in Kora pits the sub-contractors were sub-raising-cwm-selling contractors and as they were not merely raising contractors their appointments were justified. That is so, but that tribunal proceeded on the theory that raising-cwin-selling contracts stood outside the mischief of Dave Court of Inquiry Report. But I am condemning the system because it has the evil effect of perpetuating much of the old evils attached to pure raising contracts, which were sought to be abolished by the Dave Court of Inquiry,

25. I have already referred to the oral evidence on the point which also points out large scale continuance of contract labour system in collieries. I, therefore, feel that the figure published in the Report of 1968-69 that contract labour system in coal raising is continuing only in 20 collieries may not be ac- curate. The mistake may be due to the fact that most of the contracts are un- written contracts and secrecy surrounds the existence of such contractors, I am further of the opinion that there may not be any objection to the appoint- ment of mere selling contractors by coliery owners but selling-cupn-raising must not be combined.

26, My findings, therefore, are:

(i) tha^t raising contracts are subsisting even now in a large scale, either in the nascent form (e.g. Ext. 32) or in its reoriented form known as raising-cum-selling contract, I am unable to find out in how many collieries the system is prevailing, firstly because most of the contracts are unwritten contracts surrounded by some sort of sec- recy; secondly, the Government statistics must be faulty. But I am definitely of the opinion that the system is prevailing in a very large scale.

(ii) In my opinion, a raising-cum-selling contract perpetuates a]l the vices of the old raising contract simplicitor. It may just be that the additions of the description 'selling-contract' is merely an orna- mentation. They are really raising contractors and no more than that.

What is stated above amounts to my review of the implementation of the recommendations of the First Court of Inquiry. In this context I need observe that the Government itself has failed to implement two of the recommendations of the Dave Court of Inquiry, although more than 8 years have elapsed since after the pub'ication thereof. Those recommendations are, (i) suitable amend- ments to the Industrial Disputes Act and Payment of Wages Act as recommend- ed by Mr. Dave ni paragraph 35 of his Report and that (ii) no one should be allowed to work as a contractor unless he holds a valid licence and Rules for issuing licences should be framed so as to include suggestions made above. The suggestions are contained In paragraph 36 of Dave Report. During the course of argument before me Mr. S. Mukherjee supplied to me a copy of a Bill for enact- ment of Contract Labour (Regulation and Abolition) Act, 1967, which, of course, contains provisions for licencing all contractors. I am not sure when and whether at all this Bill will be passed and I made no further of it.

27. I now turn to the exempted categories. The main plea for treating exempted categories exempted for ever are three: (i) they are works of casual or lntermitent nature and employment of permanent workmen for such, cate- gories of wqrk is not economically, feasible proposition; (ii) some of the exempt- ed categories of work, for example, pit sinking, driving of incline, dyke cutting.

Misc^ civil engineering woiks require specially skilled workmen and special instruments and gadgets, n is neither possible nor safe to entrust such work" to ordinary workmen employed in the colliery; and (lii) non-availability of right type of labour in the locality and the absence of any recruiting organisa^ tion in coa> industry. 1 shall deal with these objections later on. 1 shall how- aver, at this stage, deal with the exempted categories separately on merits.

28. In respect of sani loading, coal loading and unloading and soft coke manufacturing, I am definitely of the opinion that time has arrived to take these three out of exempted categories and am prepared to recommend collieries to do these warks departmentally. A. K. Mitra, Chief Mining Engineer, Coa' Board, how- ever, was strongly of the opinion that sand loading work should be done on contract basis. His reasons were:

"that sand gathering is done manually in the river bed and it is done lor about 9 months in a year excepting for 3 months when the river is flooded. Keeping a labour force on permanent footing will force the collieries to pay their wages for these months also. Apart from this, the Coal Board has now progressively undertaken a scheme of supply- ing sand to collieries from its own central ropeway scheme and over the next lew years more and more collieries which are now resorting to loading the sand from the river bed by manual labour will be supplied with sand from ropeways. In that case the question of re- trenchment of permanent labour will arise."

Assuming for the sake of argument that for three months in a year, no sand collection is done and that in some future date, the Coal Board may succeed in supplying sand to all the collieries, through their Ropeway system, when employ- ment of sand-loaders will not be necessary, the difficulties may be overcome by employing the workmen on temporary or seasonal basis. There is no reason why workmen must for an indefinite period continue to be contractor's labour and not labourers employed by collieries, in a type of work which lasts for the major part of every year.

29. In respect of Coal loading and unloading, the principal objection on behalf of the employers wate that wagon supply "was erratic and collieries should not ibe burdened with idle labour on days when wagons do not arrive and there is no coal to be loaded. In this context, mv attention was invited to Exts. 9, 9(a), 10, 10(a), 10(b), lO(c) and 12 (wagon supply charts of certain named collieries). I am not satisfied with the difficulty pleaded. If wagon supply position is unsatis- factory, then remedy lies in approaching the Railway Ministry for better and more regular supply of wagons. This cannot be permanent feature for all times to come. For that reason wagon loaders should not ibe indefinitely left to be exploited by contractors. Further, wagons do arrive. Deficiency of supply in one day is made up in the next day or two. The work is thus not of intermittent in , nature. There is no reason why contract labour should continue to be employed in such a" sphere.

30. Soft coke manufacturing, I am satisfied, does not require special skill. This may be managed by soft coke manufacturing collieries with departmental men. I am also not satisfied that the work is of very intermittent nature, although it may not be that 'Bhattas' are kept burning throughout 365 days in a year. There may be short gaps. But there is no reason why workmen should be left to contractors under a type of irresponsible letter of appointment of such a con- tractor as in Ext. 34.

31. However, in order fully to safeguard the interest of the collieries, I may add this that if it all becomes necessary to employ some contract labour in any of these categories of work, over and above the permanent gang employed by the industry, that should be allowed to be done only with the permission of the Regional Labour Commissioner. He must satisfy himself about the overriding necessity for such employment and then permit employment of contract labour for a time, in order to meet exigencies of the situation.

32. I now take up for consideration the exempted category known as Sinking of pit and driving of inclines. K. Ral, Chief Mining Engineer of National Coal Development Corporation gave evidence on behalf of the employers. He said in his evidence:

"In N.C.D.C. sinking of pits and driving of inclines are ddne either depart- mentally or through contractors according to convenience. One diffi- culty in taking up this type of work departmentally is that the work is intermittent in .nature.

proceeding further he said:

"In Sudamdih colliery the work was very difficult. Aid of Polish experts had to be requisitioned because local workers were incompe- tent to do work oi such difficulty, Along with Polish supervisors some Polish workmen also came to do the manual part of sinking work. Even for the workers of the Polish origin the minimum wage was not less than 3,000 per month. In Munidih shaft we had Polish aid ibut reduced the number of workmen. We succeeded in reducing the number, because local workmen had been trained up.

The work of sinking shafts may not be as difficult as sinking proved to be at Sudamdih and Munidih. We have been managing sinking of shafts and driving of inclines with local labour, even where the work proves to be difficult. In my experience departmental workers take more time than contract labour because the contractors can work their labour very arduously than what labour legislations permit employer like N.C.D.C, to do, A contractor pays the workmen less wages and get more work." (Underlined for emphasis).

Of the court witnesses examined by me, A. K. Mitra, Chief Mining Engineer, Coal Board, K. Saran, Regional Labour Commissioner at Asansol, S. N. Pandey, Com- missioner of Coal Minos Welfare, M. K, Bodade, Regional Labour Commissioner at Dhanbad and H, B. Ghose, Deputy Director General of Mines Safety, were all inclined in favour of retention of sinking of pit and driving of inclines in the hands of contractors.

33. After having considered the evidence, I feel that some sinking of pits may be very difficult while others may not be so. The same is the case with driving of inclines. The work is also of intermittent nature. Easier sinking of pits and driving of Inclines may be managed with local labour departmentally employed for temporary period but difficult works may have to be entrusted in the hands of experts, may be foreign experts. I think the best course will be not to allow contract labour in this category until permission of the Regional Labour Com- missioner is obtained, who must first satisfy himself that the work cannot be done with reasonable economy or reasonable safety with departmentally employed labour.

34. It is noteworthy that in his report, Mr Dave was not satisfied and inclined to keep Sand loading and Soft-coke manufacturing in the exempted category. He, however, did so because the parties had agreed to do so. In respect of Coal loading and unloading also, he observed that he was accepting tbp agreement -to put this work in the exempted category only "because it is agreed."

35. I next turn to consider the exempted category known as dyke cutting and driving of stone drifts and miscellaneous stone work underground. A dyke is an intrusion in the coal seam. Dvke cutting is not frequently done. Such occasions arise few and far between. Witnesses on behalf of the employers, for example, Sri Sukumar Rakshit, a very old Mining Engineer (now retired), stated before me that dyke cutting and stone cutting could not be done by unskilled labour 1 am not satisfied with his reasonings. He came to give foresworn evidence, The court witnesses held divided opinions on this point. In my opinion, time has arrived to fake out this work from the exempted category and to direct the col- lieries to do the work departmentally. This is subject, however, to the condition that if a particular dyke cutting or driving of stone drift or a particular stone cutting involves great risk, which must require expert assistance, permission of •the Regional Labour Commissioner should be first obtained in order to employ expert contract labour for such work. The Regional Labour Commissioner must thoroughly satisfy himself Ibefore giving such permission.

36. So far as miscellaneous civil engineering and intermittent miscellaneous work is concerned, I do not think that it should be taken out of the exempted category at present, It should remain in the hands of contractors.

37. Lastly, overburden removal and earth cutting may be safely taken over by the employer and done departmentally. Majority of court witnesses were in favour of abolition of contract labour in this category, I think they are right.

35. On the evidence I arn impressed that employment of contract labour is convenient and economic for the colliery owners as much as it is inconvenient and unjust to workmen. In striking¹ a balance between the two, I have left a •safety valve open. An employer may approach the Regional Labour Commis- sioner ana convince him about the necessity of employing contract labour for a

particular work during a particular period end get the work conveniently done through contract labour, with permission. I am not convinced with the generar argument of Mr. Mukherjee tnat tnc employment of contract labour is either economically impossible or the work I., ut .such special nature that ordinary work- ers are unable to do the work. The non-availability of Ihe light ty,3C of laoour in the locality was not established and nuy be a story.

39. To ^jin up my recommendations nu as follows: (a; TIILIC has not been substantial proper, made in the abolition of laising, contract tyscein in collieries. The s.vsum ,, cjiitrnuin",, some in iheli nascent iorm, some in their reoriented or re-eaitcd form known as raising-cum-sclling contract and most of them are now oral enmracts of secretive nature.

(b) Raismg-cum-selling contract, are mostly another name for raising contr^ct^, excepting a few, which may be genuine ones. This system should be wholly abolished Collieries may have liberty to appoint selling contractors but tin* rais- ing-cum-selling contractors.

Recommendation (b) is subject to the proviso that if for some unforseon exi- gencies it becomes necessary to employ raising-cum-selling contractor for the tim loeuig, permission m writing from the Regional Labour Commissioner shall be taken, He must thoroughly satisfy himself about the neetiwty of the anpoint- ment before granting permission,

(c) Managing contract system may continue for the present provided always: (I) The Government should implement the l ccommendations of the Dave Court of Inquiry Report contained in paragraphs 33 to 38 at the Report forthwith regarding suitable amendments in the Industi ial Disputes Act and the Payment of Wag^s Act.

(n) Licencing authority under Rule 37 of the Mineral Concession Rules must thoroughly satisfy itself about the financial solvency of the Managing Contractor and protection of interests of workmen before granting pci-missioi to aT'< m .' Particular person or concern as Managing Contractor. Appointment of Managing Contractors and in the man- ner in which they carry on their work shall be reviewed very closely by the department of Labour in each region.

(d) So far as exempted categories arc concerned, categories No. (ii), (iv), (vi> and (.vii), Sand loading, Coal loading and unloading, Over-burden removal and earth cutting and soft coke manufacturing should be taken out of exempted cate- gories and collieries should perform these works departmentally. This is subject always to the provision that when it becomes absolutely necessary on any particu- lar occasion, in a particular colliery, to apcomt contract labour for any of thoso categories of work for the time being, permission of the Regional Labour Com- missioner shall ba had and obtained, in writing, before appointing such s contrac- tor for a time being. The Regional Labour Commissioner must thoroughly satisfy himself about the necessity before granting the permission.

(e) Easier type of pit sinking and driving of inclines should be munaged 'by collieries with local departmental labout employed, If necessary, for si temporary period. Difficult sinkings and driving of inclines may be entrusted in the hands of expert contractors, with previous permission of the Regional Labour Commis- sioner obtained in writing. The Regional Labour Commissi mor shBll thoroughly satisfy himself about the nature of the difficulties and the necessity for appoint- cular work only, who must be satisfied about the requirement.

(f) Driving and stone drifts and miscellaneous stone cutting underground may h° done derjartmentally unless of course the nature of the cutting or driving¹ is such which require expert assistance. In such case contractors may be aopointed with the previous permission of the Regional Labour Commissioner for that parti- cular work only, who must ibe satisfied about the requirement,

(#) So far as miscellaneous civil engineering work or intermittent miscellaneous woik are concerned, 1 am of the opinion that they should better be left at the hands of contractors.

40. The abolition of raiuing-cum-selling system and taking over of some amongst the exempted categories of work shall be done as soon as possible but not later than 30tri. September, 1670.

(ScT.) B. N. BANERJEE,

Dated, September 3, I960.

Sole Member. [No. 8/33/GH-LHII.J

ORDERS

New Delhi, the Will August 1969

S.O. 3876.—"Whereas the Central Government is of opinion that an industrial •dispute exists between the employers in relation 1o the managements ol (1) Rayat- wai'i Colliery, Chanda, (2) Kamptee CoLheiy, Post Office Kampteo (Di.-itiict Nagpur),. (3) New Mnjri Colliery. Post Office Majri Khadan, District Chanda, (4) Messrs Ballarpur Collieries Company, Nagpur and (5) Sastl Colliery, Nagpur and theli workmen in respect of the matters specified in the Schedule hereto annexed;

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

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

SCHEDULE

(i) "Whether the managements of Rayat*\ ari Colliary, Chanda. Kamptoe Colliery, Post Office Kamptee (District Nagpur), New Majri Collieiy, Post Office Mairl Khadan, Distric¹' Chanda, Messrs Babarpur Collieries Company, Nagpur and Sastl Colliery, Nagpur having regard to thsir financial capacity, are justified in not paying the arrears of wa^es as per the recommendations of the Wage Board Tor Coal Mining Industry for the periods specified horeunder- —

N a me of t he C o l l i e ry

P y r i ol f or w h i ch a r i e a rs of w a g es a rc c l a i m ed SI. No.

From

To

. 1 5 - 8 - 67

27-1-68 2-12-67 27-9-68 M e i e rs R a y a v w a ri C o l l i e r v, C h a n da . . .. 1 5 - 8 - 67 M c s s e rs K a m p t ee C o l l i e r y, N a g p ur . . .. 1 5 - 8 - 67 M e s s rs N ew M a j ri C o l l i e r y, C h a n da • B a l l a r p ur C o l l i e r i es of M e s s r s, B a l l a r p ur C o l l i e r i es C o m p a n y,

1 2 3 A

N a g p ur

. . . . .. 1 5 -8 67

S a s ti C o l l i e r y, N a g p ur . . . . . .. 1 5 - 8 - 67

3T-3-68 31-3-6K- S

If not, to what relief are the workmen entitled? (li) Whether the managements aforesaid having ragard to their financial capa- city, are justified in not paying Variable Dearn"tis Allowance a<) per the recommendations of the Wage Board for Coal Mining Industry with effect from the 1st April, 1968- If not, what should be quantum of Variable Dearness Allowance In these collieries?

(iii) Whether the managements aforesaid having regard to their financial capacity, are justified in not granting graded annual increments from the 15th August, 1968, as per the recommendations of the Wage Board for Coal Mining Industry. If not, to what relief are the workmen entitled?

[No. 1/10/68/LRTL1

New Delhi, the 15th September 1963

S-D. 3877-—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the management of Messrs Mining and Transporting Company, Raising Contractors in the Iron and Manganese Mines of Messrs O.M.D. Company Limited, Barbil and their workmen in respect of the matters specified in the Schedule I hereto annexed.

And, whereas the Central Government considers it desirable to refer tho said disrJute for adjudication;

Now, therefore, in exercise of th,e powers oonferred by section 7A and clause (d)> of sub-section (i) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby constitutes an Industrial Tribunal with Shri Udayat- nath Mishra as Presiding Officer, with headquarters at Bhubaneswar and refers the- said dispute for adjudication to the Industrial Tribunal.

SCHKDULE I

"Whether the action of the management of Messrs Mining and Transporting Company Raising Contractors In the Iron and Manganese Mines of Messrs OJVI.D. Company Limited. Barbil in terminating the services of the following workmen was justified. If not, to what relief are these workmen entitled?"

SCHEDULE II

1. Shri Purameswar Uram, 2. Smt. Mangri Uram. 3. Sri Khetri Patra. 4. Smt. Suru Naik. 5. Sri Charu Patra. 6. Marvia Patra. 7. Smt. Laxmi Uram. 8. Sri Chara Singh. 9. Sri Ladu Munda. 10. Sri Dulla Munda. 11. Sri Pravakar Naik- 12. Sn Sukura Uram. 13. Sri Bhaiga Gop. 14. Sri Dasha Patra. 15. Sri Rlbu Uram. 16. Smt. Sanichari Uram. 17. Sri Pakhu. 18. Smt. Sanibari Munda. 19. Sri Gura Naik. 20. Smt. Sanichari Uram. 21. Smt. Budhuni Uiam. 22. Narendra Patra. 23. Shri Kartika Uram. 24. Smt. Budhuni Uram. 25. Shri Madhu Uram. 26. Smt. Saniehari Uram. 27. Sri Saharai Uram. 28. Sri Raje Uram. 29- Sri Surja Uram. ' 30. Sri Anade Patra, 31. Sri Kerah Munda. 32. Sri Dhaneswar. •S3. Sri Baneha Patra. 34. Sri Banamali Platra.

[No. 36(30)/69-LR-IV.]

New Delhi, the 18th September 1969

S.O, 3878.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the Slngareni Collieries Com- pany, Limited, Post Office Kothagudium (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 refer the said dispute for adjudication;

Now, therefore, In exercise of the powers conferred by 3ectlon 7A and 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 Shri Mohammad Najmuddin, as Presiding Officer with headquarters at Afzal Lodge Tilak Road Ramkote Hyderabad-1, and refers the said dispute for adjudication to the said Industrial Tribunal.

SCHEDULE

"Whether the change introduced by the management of Slngarerij Collieries Company Limited, Kothagudium from first December, 1967 and onwards requiring the fillers to fill more quantity of coal that what they were filling previously to qualify themselves to earn incentive bonus Is Justified? If not, to what relief the workmen are entitled to."

[No- 1/55/68-LRII.T

S.O. $879.—Whereas the Central Government is of opinion that an industrial dispute exists between the employers in relation to the management of Messrs Equitable Coal Company Limited, Post Office Dishergurh, District Burdwan and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, in exercise of the powers conferred by clause (dj of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Govern- ment hereby refers the said dispute for adjudication to the Industrial Tribunal, Calcutta, constituted under section 7A of the said Act.

SC JJEDULE

"Keeping in view the relevant recommendations of the Wage Board for Coat Mining Industry as accepted by the Government of India, whether the management of Messrs Equitable Coal Company Limited, Post Office Dishergarh, District Burdwan was justified in demanding from 15th August, 1967 proof for travelling in the higher Railway classes In th= form of money receipt etc. from their workmen employed at their various collieries, who were entitled to higher class of train fare and thereby denying payment of Rail fare of higher classes to such of their workmen who failed to render such proof? If not, to what relief are there workmen entitled?"

(No. 6/42/69-LRH.]

S.O. 3880,—Whereas an industrial dispute exists between thp employers in rela- tion to Damoda Colliery of Messrs Damodar Coal Company (Private) Limited, Post Office Raniganj, District Burdwan and their workmen represented by the Colliery Mazdoor Sabha (AITUC), Post Office Raniganj, District/ Budrwen,

And, whereas the said employers and the workmen have by a written agreement.

In pursuance of the provisions of sub-section (1) of section 10A of the Industrial Disputes Act, 1947 (14 of 1947), agreed to refer the said dispute to arbitration of the person specified therein, and a copy of the said agreement has been forwarded to the Central Government;

Now, therefore in pursuance of the provisions of sub-section (3) of section 10A Of the Industrial Disputes Act, 194T (14 of 1947), the Central Government hereby publishes the said arbitration agreements, which was received by it on 29th August, I960.

FOHM C

(See Rule 7)

AGREEMENT

(Under Section 10-A of the I.D. Act, 1947)

Name of the Parties:

Representing Employers.—(1) Shri L. N. Mondal, Representative (authorised) Damoda Colliery, P.O. Raniganj, (M/s. Damodar Coal Co. (P.) Ltd, District Burdwan-

Representing workmen.—(2) Shri Robin Chatterjee, Vice-Presldent, Colliery Mazdoor Sabha, P.O. Raniganj, District Burdwan.

It is hereby agreed between the parties to refer the following industrial dispute to the arbitration of Shri H. G. Bhave, Assistant Labour Commissioner (C), 12, CUowringhee Square, Calcutta-1.

(I; Specific matler In disxwte:

"Whether the management of Damoda Co^iery, P.O. Ranigani, Distt. Burdwan is justified in stopping S/Shrl Bancha Dass Dinna Sashmal, Natha Pariharl, Gunpat Pradhan, Wagon Loaders from work on and from 17th April 1969, and if not, to what relief they are entitled-?"

(ii) Details of the parties to the dispute indicating the name and addresses of the establishment or undertaking involved: —

Employers in relation to Damoda Colliery, P-O. Raniganj, Dlstt. Burdwan of M/s Damodar Coal Co. (P) Ltd., P.O. Raniganj, District Burdwan.

The workmen represented through the CoJliery Mazdoor Sabha (AITUC), P.O. Raniganj, Distt. Burdwan.

(ni) Colliery Mazdoor Sabha, P,O- Raniganj, Dlstt. Burdwan.

(iv) Total number of workmen engaged in the undertaking affected; 4 (four). (v) Estimated number of workmen aiiected or likely to ue affected by the¹ dispute:

4 (four).

The decision of the arbitrator shall be binding on ua,

The arbitrator shall make his award within the period of 60 (sixty) days or within buch furthei time as is extended by mutual agice nent between us in writing. In cate the a"Wa:d is not made within the period mentioned above, the refeience to arbitration shall automatically be cancelled and -we shall be free to negotiate for fresh aibitration.

Signature oj the parties

Sd/- ' Sd/-

(Smu L. N. MONDAL)

(ROBIN CHATTERJEE)

Authorised representative, Vice President, Colliery Mazdoor Damoda CoJliery, P.O. Raniganj, Sabha, P.O. Raniganj, (Burdwan). District Bmdwan, Witnesses : (1) Sd/- (ILLEGIBLE)

(2) Sd/- (ILLEGIBLE)

Sd/-

(S. KKISHAN)

Assistant Labour Commissioner (C)

Raniganj.

[No. 0/47/69-LRJI.J

New Delhi, the nth September 1969

S.O.fl 3881.—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 an- nexed;

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

Now, therefore, in exercise of the powers conferred by section 7A and clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1047), the Central Government hereby constitutes an Industrial Tribunal with Ehri Mohammad Najmuddin, as Presiding Officer with headquarters at Afzal Lodge, Tilak Road, Ramkote, Hyderabad-1, and refers the said dispute for ad- judication to the said Industrial Tribunal.

SCHEDULE

"Having regard to the nature of duties performed by Shrl K. Rajaiah, Carpenter, Building Department, Mandamari Division and to the practice prevailing in the three divisions of Belampalll group of Col- lieries of Sinffarenl Collie.ries Company Limited, Kothatfudium whe- ther the management is justified In denyinjj new Category-V wages to the said workman?

If not, to what relief the workman Is entitled?"

[No. 7/5/88-LRII.J

S.O. S8R&—Whereas, the Central Government is of opinion the* an industrial dispute exists between the employers in relation to the Slngarenl Collieries Cqrn- pany, 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 refer the said dispute for adjudication;

Now, therefore, in exercise of the powers conferred by section 7A and clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947) the Central Government, thereby constitutes an Industrial Tribunal with Shri Mohammad Najmuddin, as Presiding Officer with headquarters at Alzal Lodge, Tilak Road, Ramkote, Hyderabad-1, and refers the said dispute for ad- judication to the said Industrial Tribunal.

SCHEDULE

"Having regard to the recommendations of the Central Wage Board for the Coal Mining Industry prescribed for the Technical and Supervi- sory staff of the Engineering Department under Chapter Vill, whe- ther the management of Singareni Collieries Company Limited, Kothagudium, is justified in placing Shri K. Viswanathan, Junior Charge-hand in Grade T>' in the scale of Rs, 205—7—247—10—337?

If not, to whai relief the workman Is entitled and from what date?"

LNo. 7/49/68-LRII.]

S.O, 3S83.—Whereas, the Central Government is of opinion that an industrial dispute exists between the employers in relation to the management of Messrs Lodna Colliery Company (1920) Limited at their Sripur Seam Incline Colliery, Post Office Kalipahari, District Burdwan and their workmen in respect of the mat- ters specified in the Schedule hereto annexed;

And whereas the Cential Government considers It desirable to refer the said dispute for adjudication,

Now, therefore, in exercise of the powers conferred by clause (d) ol 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 Cen- tral Government Industrial Tribunal, Calcutta, constituted under section 7A of the said Act.

SCHEDULE

"(I) Whether the nucleus of permanent wagon loaders as maintained at present by the management of Messrs Lo-ina Colliery Company, (1020) Limited at their Eripur Seam Incline Colliery, Post Office Kalipaharj, District Burdwan is adequate and justified, keeping IK view the manpower requirement for the work of wagon loading of the Colliery? If not, what should b~e the nucleus and to what relief the casual wagon loaders are entitled in this respect?

(2) Whether the wagon loaders employed on casual basis at the same Col- liery are paid properly at the rate recommended by the Wage Board on Coal Mining Industry¹? If not, to what relief are these workmen entitled and from what date?"

[No. 6/57/6H-LRII.]

S.O. 3884.—Whereas, the Central Government is of opinion that an industrial dispute exists between the employers in re'ation to the management of Samla Dalurband Colliery. Post Office PandaveHhwar, District Burdwan and their work- men in respect of the matters specified in the Sched^e 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- SCHKDUMC

New Delhi, the 20th September 1960

S.O. 3885.—Whereas, the Central Government is of opinion that an industrial dispute exists between the employers in relation to the management of Messrs Shantilal Khushaldas and Brothers Private Limited, Margao (Goa) and their workmen in respect of the matters specified in the Schedule hereto annexed;

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

Now, therefore, In exercise of the powers conferred by clause (d) o£ tub- section (1) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby refers the said dispute for adjudication to the In- dustrial Tribunal (No. 2), Bombay, constituted under section 7A of the said Art.

SCHEDULE

"Whether the management of Messrs Shantilal Khushaldas and Brothers Private Limited, Margo is ,:u lifted in their action m dismissing Shn J. F. Itodrifeues the ex-workman employed as Clerk-cmu-Typist in Odomal Mines with cliucL from 20th November, 196ft.

If not, to what relief is the workman ent tied?"

I No. 24/53/G')-LR IV. I

P. C. MI311A, Under Secy.

(Doptt. o? Labour anil Employment)

New Delhi, the llth September 1969

S.O. 388(J. — In exorcise of the powers conferred by sub-section (1) of Sec- tion 13 of the lilmployees' Provident Funds Act, 1952 (19 of 1952) and in super- session of the notification oJ. the Government of India in the late Ministry of Labour and Employment S. 9. No. 1804 dated the 10th August, 1968, the Cen- tral Government, hereby appoints Shri K. Vasudovan Nair to be an Inspector for the whole of the Stale of Madras and the Union Territory of Pondlcherfy for the purposes of the said Art and of any Scheme framed thereunder, in relation to any establishment bcloufiin^to, or under the control of the Central Government or in relation to any o ^Wishment comie.tcd with a railway company, a major port, a mine or an oil-field or a controlled industry.

LNo. 20(9)/fi8-PF-L]

New Delhi, the 18th September 1969

S.O. 38*57.—When j.3 it appears to the Central Government that the employer anj the majority of the employees in relation to the establishment known as Messrs Standard Engineering Works, 1037, E. Raj.u'am Road, Kolhapur, have agreed that the provisions of the Kmployens' Provident Funds Act, 1952 (19 ot 1952), should be made applicable to the ^ald establishment;

Now, therefore, In exercise of the powers conferred by sub-section (4) of sec- tiu.i 1 of the said Act the Centra! Government hereby applies the provisions of tho said Act to the said establishment.

This notification shall be deemed to have come into force on the first day of January, 1969.

LNo. B/84/68-PF.II.J

S.O. 3888.—Whereas it appears to the Central Government that the employer and the majority of the employees m relation to the establishment known as Messrs Rajen Company. G.T. Road, (Near Jagraon Bridge), Ludhiana-1 have Btfreed that the provisions of the Employees' Provident Funds Act, 1952 (19 of 1952), should be made applicable to the said establishment;

Now, therefore, in exerci^p of the powers conferred by sub-section (4) of sec- tion 1 of the sfdd Act, the Central Government hereby applies the provisions of the said Act to the said establishment.

This notification shall be deemed to have come into force on the first day of January, 1969.

[No. 8/97/69-PF.II(i).I

S.O. 3889—In exercise oi the powers conferred by first proviso to section 6 01 the Employees Provident Funds Act, 1952 (19 of 1952) the Central Govern- ment, after making necessary enquiry into the matter, hereby specifies that witn effect from 1st January 1969, section 6 of the said Act shall in its application to Messrs Rajen & Company GT Road (Near Jagraon Bridge) Ludhiana-.be Sub- ject to the modification that for the words "six and quarter per cent , the words "eight per cent" were substituted

[No 8/97/G9-PFII(ii) 1

DAIJIT SINGH Under Secy

(Pepartment of Labour and Employment)

New Delhi, the 18th September 1969

S-O, 3834.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Industrial Tribunal, Bombay, in the industrial dispute between the em- ployers in relation to the Bombay Port Trust and their workmen represented by The Bombay Port Trust General Workers Union, Bombay which was received by thy Central Government on the 12th September, 19§9.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL No. 2

BOMBAY

REFERENCE NO. CGIT-2/6 OF 1968

Employers In relation to the Bombay Port Trust

AND

Their Workmen

PRESENT:

Shri N. K. Vanl, Presiding Officer.

APPEARANCES :

For the emjtloyers- Shri R. K. Shetty, Deputy Le^nl Aikisei, Bombay

Port Trust, Bombay.

For the Workmen: Dr. S Maitra, General Secretary, B. P. T. General Workers' Union Bombay-9.

INJILC ii'v. Porl and Docks

STATE- Maharashtra

Dated the 23th Awjnst, 19£9

AWARD

By order No. 28/59/65/LR1V, dated 22nd July 1965, the Government of Itidia. in thV Ministry of Labour and Employment, referred to the Central Government Industrial Tribunal. Bombay, for adjudication, an industrial dispute existing between the employers in relation to the Bombay port Trust, Bombay aijd tiieii workmen represented by the Bombay Port Tiusi General Workers' Union. •Bombay, in respect of the matter set forth in the Schedule, mentioned beJow:-—

SCHEDULE

"Whether the crews including Master of the Steam Anchor Hoy 'Panvel' are justified in claiming payment of an additional allowance for attending to the work connected with the buoys? If so, what should be the quantum of such allowance and from what date should it be given?"

2 Later on the Central Government transferred this reference to this Tribu- nal No. 2 Horn buy under Order No. 22/8/68-Lri-IlI, dated 25th November 1968, for adjudication.

3. The facts giving rise to this reference are as follows: — 4. The Bombay Port Trust General Workers' Union, Bombay is a registered Traie Union. It represents the majority of the workers employed hy the Bombay Port Tiust under their Dy: Conservator in the Dock and Harbour Flotilla. Sbri S. Maitra is the General Secretary of the Bombay Port Trust General Workers' Union, (hereinafter referred to as "The Union").

5. This Luion had raised this dispute under Its letter No. GW/P/17-42 dated 8th January 1965- It was as follows: —

"(I) A¹' Lascars on 'Panvel' should be classified as Lascars 1st class and be given necessary scales of pay.

(ii) A post of Serang of Lascars or Tindel of Lascars should be sanctioned on 'Panvel'-

(iiij All members of the crew of 'Panvel' including Master should be granted a special allowance of Rs. 10/- per month for attending to the work of buoys and other work not normally performed by the flotilla crew. (iv) Considering the extra responsibility shouldered by the Master at 'Panvel' and also considering the duties and responsibilities of the Master Tanvel' which are no less onerous than the duties and responsibilities of the Masters 'Uran', 'Navah, etc. he should be placed on the scale of Rs. 240—8—L'HO. of CCC . equivalent to SPC scales and should be sanctioned an extra allowance of Rs. 30/- per month."

6. The Employers under their letter No. L/GEE-G(U)/.'i4t, dated 5th February 1965 informed the Union that—

"(i) Lascars on 'Panvel' have been classified as Lascars 1st class. (ii) One post out of 10 temporary posts of Tindel of lascars created *or the Harbour tugs should be continuously utilised on 'Panvel' for buoy work and when such post expires, the position should be re- viewed with a view to providing a post of Tindel of Lascars on 'Banvel' on a regular basis.

(iii) the demands of the crew of 'Panvel' for grant of special allowance of Rs. 10 per month should be referred to adiindication under a joint application under Section 10(2) of the Industrial Disputes Act.

(iv) the revision of pay scale of Master 'Panvel' will be further discussed." 7. Under letter No. GW/P/17-42, dated 2Bth April 1965. the Union sent the draft retjardinjj the terms of reference for reference of the dispute under Section 10(2) of the Industrial Disputes Act to sn Industrial Tribunal. Those terms were as follows: —

"(i) Whether the crew of SAH 'Panvel' are entitled to claim payment of extra allowance of Rs. 10 per month per head on the ground that the nature of their work, duties and responsibilities are different from that of the crew of the Deputy Conservator's flotilla, if so, whether such payment should be with retrospective effect, and if so from what date?

(ii) Whether the Master SAH 'Panvel' is entitled to claim for being placed on Ihe scale of Rs, 240—8—280 on the ground that the dirties and responsibilities are not only equivalent to Masters of S,T 'Uran', 'Navah' etc, but is more onerous than the said Masters and if so from what date?"

8. The employers under their letter No. L/GEE-G(uV1433/A dated 27th April 1965 gave the draft regarding the terms of reference as follows:

''Whether having regard to the Award of Shri Meher in reference ITCG No. 1 of 1963. the crews including Master of the Steam Anchor Hoy 'Panvel' are justified in claiming payment of an additional allowance for attending to the work connected with the buoys- If so, what should be the quantum of such allowance and from what date should it be given."

9. As the Union did not accept the terms of reference suREested by the em- ployers, the employers under their letter No. L/GEE G(u)/1578, dated 13th May 1965 gave a new draft regarding the terms 0' reference. It is as follows: —

"Whether the crews including Master of the S.A.H, 'Panvel' are justified In claiming payment of an additional allowance for attending to the work connected with the buoys, if so, what should be the quantum of such allowance and from what date should It be given."

10. As the employers informed the Union that unless the term of reference rannulated by them on 13th May, 1065 (.referred to above) were accepted by lie Union, it would not be possible for them to agree to refer the dispute to he Industrial Tribunal under Section 10(2) of the Industrial Disputes Act, the Union accepted the term of reference.

11. Ultimately, both the parties made joinl application to the Government of India for making leference of an industrial dispute existing between them in respect cf the matter set forth In their application. In exercise of the powers conferred by Sulvsection(2) of Section 10 of the Industrial Disputes Act, the Central Government referred this dispute to the Tribunal for adjudication.

12. Dr. Maitra on behalf of the workmen has illed written statement at Ex. 1/W on 13th April, 1966. According to turn. In the past, whenever, 'Panvel' was required to lay buoy, the Harbour Master used to take the nevlgational responsi- bilities. The task of laying a buoy requires high amount of skill. Similarly the task of attending to a ship going to the break up yard or laying buoys for the waves meter equipment requires high amount of skid, i'lsks and responsibility. Lascars on 'Panvel' are required to lift the buoys, chip off the paint and there- after paint the buoy. They are required to lift the chains etc. de-rust the same and after attending again lay them. All these works are not performed by any other members of the flotilla crews working either under the Deputy Conservator or the Chief Engineer. As the work in connection with the buoys requires great skill, risk and responsibility, special allowance at the rate of Rs. 10/- per head per month from 21st September, 1961 be given to the Dock crews of 'Panvel'.

13. According to Dr. Maitra, 'Panvei' is a bit; craft having higher dimensions than 'Uran' and N'avah'. Navigating 'Panvel' demands higher skill than navigat- ing 'Uran' and 'Navah'. On account of this, In the past, whenever 'Panvel' used to go for laying buoys or other work, thf Harbour Master used to go on Board the vessel and shoulder navigational responsibilities. Harbour Master no longer now shoulders navigational responsibility. This responsibility Is now of the Master of 'Panvel'. Hence the Master of 'Panvel' should be paid the sca'e of pay as Is available to the Masters on 'Uran', 'Navah', etc. I.e. Rs. 240—8—280. This demand has been supported by the Harbour Master In his confidential report to the General Manager.

14. Shrl M. R. S. Captain, Legal Adviser,_ Bombay Port Trust has filed written statement at Ex. 2/E on 30th April, 1966, on behalf of the Trustees of the Port of Bombay (hereinafter referred to as 'The employers'). According to him, this Tribunal should be pleased to consider whether the present claim of the Union should not be dismissed in llmine and whether the Union should once again be permitted to agitate a question which has already been considered by the Jeejpp- bhoy Committee and Shrl Meher in Reference (1T-CG) No 1 of 1963. As the Wage Board Is also seized of the present question, the samp cannot be considered by this Tribunal. As the question of scale of pay of th= Mister of Panvel wa" gone into by Justice Lokur in 1054 under the Arbitration Act of 1940, and as the same was rejected by him the same cannot be considered again in this pro- ceeding.

15. According to the employers, the mere fact that a parti'ular Lascar or a set of Lascars forming the crew of a particular vessel may be required occasionally to carry out certain duties which are not usually carried out by some other Lascars or on some other vessel should not by itself pnable such Lascar or Lascars to claim additional remuneration for surh work since such a principle If admitted would have far reaching consequences and in fact every clerk working at every table in every department woul3 rje in a position to claim that he is doing some special kind of clerical work which his other fellow clerks are not required to do. The work of lifting a buoy or lowering it back In position after repainting does not involve any navigational ,skill. It Is not correct that In the past Harbour Master used to take responsibility for such work. Harbour Master's presence Is only required if and when a buoy has been required to be removed f-om its position and Is to be subsequently replaced. There is no case for the revision of the scale of pay of the Master of thp 'Panvel' or for the payment of any allow- ance either to the said Master or to the members of the crew for attending to the work connected with the buoys, bpcause Shri Meher has awarded a special pay of Rs. 2/- only to the members of the crew rind has enhanced the qualification allowance payable to the Master in reference (IT-CG) TNTo. 1 of 1983. The Union's demand be rejected.

16. Points for consideration are as follows:—

(i) Is tha reference tenable? (11) Whether the Master of 'Panvel' is not a workman within the meaning of S. 2(S)(iv) of the Industrial Disputes Act, 1947?

(v) If :-o, what should be quantum of such a''owanee and from what date should it be given?

17. My findings are as follows:—

(I) Yea. (ii) Master of 'Panvel' is a 'workman¹, (ill) No. (iv) Yec (but the Engine Room staff of 'Panvel' is not entitled to this

allowance in this reference).

(v) Rs- 8/- per month per head from 22nd July, 1965 in addition to the special pay of Rs. 2/- per month allowed by Shri Meher to all Lascars.

REASONS

18. Point No. (1).—Shri R. K. Shetty, Dy. Legal Adviser (hereinafter referred to as 'Shn Shetty') for the Bombay Port Trust i.e- for the employers contends that as the Jeejeebhoy Committee had gone into the question of duties and res- ponsibilities of the crew of 'Panvel' Including the work of laying ol buoy-, it would b-j therefore improper for this Tribunal to go into the same question. This con- tention cannot be upheld.

19. The function of the Jeejeebhoy Committee was to examine the duties and

of the Union was not considered by the Jeejeebhoy Committee and as It was no- a statutory Committee, Its report flxin* Lascar9" in the grade of Rs. 40—1—50 does not come in the way of the present demand of the crews of Tanvel'.

23. Shri Shetty contends that as Shri Meher has gone into the question of dunes and responsibilities of 'Panvel', the Union's demand in respect of the same allowance in this reference cannot be entertained. He further contends that this reference itself is bad in law on the ground of principles analogous to the principles of res Judicata. In my opinion, this contention cannot be upheld lor the iollow- ing reasona.

24. As the parties were not satisfied with the report of the Jeejeebhoy Com mittee, reference was made by the Central Government to Shri Meher. There were three refeiences viz. 1/63, 3/63, and 1/64, The dispute which was specifically referred to Shri Meher was as follows:

"(a) Whether there are anomalies, in regard to any of the pay scales recom- mended by the tripartite Committee set up by the Resolution of the Central Government in the Ministry of Transport and Communica- tions, Department of Transport No, 23PLA(91)/58 dated the 23rd August, 1958, published in Pan I "of the Gazette of India Extra- ordinary of theJ35th August, 1958, in respect of the categories of posts listed in the annexure;

(b) If so, what modifications, if any, should be made in the scales of pay recommended by the said Committee for the posts listed in the an- nexure, havinR regard to the directions contained in paragraph 2 of the said Resolution."

25- The question as to whether the crews including the Master of Panvel should be given additional allowance for attending to the work connected with buoys was not referred to Shri Meher in reference Nos. 1 of 1963, 3 of 1963 and 1 of 1964. The only dispute which was referred to him was to find cut the anomalies in regard to any of the pay scales recommended by the Jeejeebhoy Committee and to suggest modifications, if any.

26. The parties to a reference cannot give jurisdiction to a Tribunal either by consent or by raising contentions before It in respect of the matter not referred to it bv the Government under the provisions of the Industrial Disputes Act. If the Tribunal gives any award in respect of such matter not specifically referred to it, its decision or award in this respect would be no bar to the parties from raising a fresh industrial dispute in respect of such matter subsequently. Hence the contention of Shri Shetty that this reference is bad In law on the principles analogous to the principles of res judicata must fail.

27- Paragraph 21 in the Meher Award shows that the allowance of Rs. 16/- for passing qualification in respect of Masters, Serangs, Motor Engine Drivers of vessel was increased to Rs. 20/-. This qualification allowance has no concern with the demand for claiming additional allowance for attending to the work connected with buoys. Hence increasing qualification allowance of Rs. 16/- to 20/- per month in respect of Master of 'Panvel' by Shri Meher does not come in the way of present demand of the crews of the 'Panvel' including the Master.

28. The present reference has been made by the Central Government under sub-section 2 of Section 10 of the Industrial Disputes Act on the basis of joint application made by the parties to it for malting reference in respect of specific- matter set forth in the application. As the Bombay Port Trust agreed to make reference In respect of the demand in question it cannot now say that this reference is bad in law on the principles analogous to the principles of res jvdicatn because Sbri Meher had gone acain into the question of duties and responsibilities of 'Panvel' crews and given Rs. 2/- to the Lascars and Rs. 20/- to the Masters Including the Master of 'Panvel'. It is interesting to note that the Bombay Port Trust under letter No. L/GEE-G(u)/1436/P dated 27th April, 1965 has given a draft regarding the term of reference as mentioned in paragraph / of this judgement. On account of Union's objection, the Bombay Port Trust authorities submitted another draft regarding the term of reference under letter No. L/GEE-G(u)/1578 dated 13th Mav, 1965 as mentioned in paragraph 8- Un reading these two drafts regarding the term of reference, it IK crystal clear max bv conduct, the employers gave up their stand that this reference was bad Because Shri Meher had gone into the question of duties and responsibilities of ™iyei crew and iriven Rs. 2/- to the Lascars and Rs. 20/- to the Masters including the Master of 'Panvel'.

20. Shri Shetty ccnteuus that as the Wage Board is also seized of the question TO constructing proper w.ige scale and special allowances if any, for all workmen of the Bombay Port Trust including the crews of 'Fanvei', it would be Improper for the Tribunal to go into the question of wages including the special allowances having regard to the scheme of evolution ol the Industrial relations in the country.

30. The Port and Dock Workers' Wage Board is not constituted under the provisions oi any statute It is constituted in pursuance of ths recommendations made in paragraph 25 of Chapter XXVII of the Second Five Year Plan and In para^aph 20 ol Chapter XV in the Third Five Year Plan. The recommendations of the Wage Board are not binding on either the employers or the workmen. The Waye Board merely submits Its re^ ommendations to the Government for Its consi- deration. These recommendations hove no binding legal character or force which the Awards, of the Industrial Tribunal have. This reference in respect of addi- tional allowance for attending to the work connected with buoys is not bad in law. I do not think that it would be improper for this Tribunal to go into the question of special allowance in question- I am therefore, unable to accept the contention raised by Shrl Shetty in this respect,

31- For the reasons given above, all the prelimirar^ objections referred to above and raided by Shri Shetty fail. I, ther?lore, h'-ld that the present reference is tenable and record my finding on Point No- (1) in the affirmative-

32 Point No. (11).—Shri Shetty, contends in his argument that the Master of 'Panvel' is not a workman within the meaning of Section 2(S)(iv) of the Industrial Disputes Act, 1947.

33. A perusal of the written statement dated 30th April, 1966 (Ex- 2/E) shows that I he Bombay Port Trust has not taken a specific stand that the Master of 'PanveF is not a workman within the meaning of Section 2(s)(iv) of the Industrial Disputes Act, 1947. The employers have not also given any application for per- mission to amend the written statement dated 30th April, 1986, with a view to allow them to take a stand that the Master of 'Panvel' is not a workman. Hence the contention that the Master of 'Panvel' is not a woikman within the meaning of Section 2(s)(lv) of the Industrial Disputes Act, 1947, taken for the first time by Shri Shetty at the time of his argument carnot be considered.

34. Assuming for the sake of argument, that this contention can be raised for the first time at the time of the argument, I am of the view that the Master of 'Panvel.' is a workman within the meaning of Section 2(s)(lV) of the Industrial Disputes Act, 1947-

35. Section 2(s) ol the Industrial Disputes Act, 1947, is as follows :—

"(s) 'workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work lor hire or reward, whether the terms of employment be express or implied and for the purposes of any pro- ceedings under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched In connection with or as a consequence of, that dispute or whose dismissal, discharge or retrenchment has led to that dispute; but does not include any such person—-

(i) who is subject to the Army Act, XL.VI of 1950 or the Navy (Discipline)

Act XXXIV of 1934; or

(ri) who is employed In the Police Service or as an officer or other

employee of a prison, or

(iii) who is employed mainly in a managerial or administrative capacity;

or

(iv) who being employed In a supervisory capacity, draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature-"

36. Shri Shetty relies on the evidence of Harbour Master Shri S- Chatteripe, Ex- 13/W to show that the Master of 'Panvel' is not a workman within 1he meaning of Section 2(s)(iv) of the Industrial Disputes Act, 1947- According to Shrl Chatterjee, Master of Panvel does the supervisory work but In the interest of safety of seamen, he also lends a hand on manual work as he would also be inclined to do. Master of 'Panvel' draws the fixed overtime of Rs. 400/- Master does not get overtime when the 'Panvel¹ is laid up.

"It is the submission of this Union that Deputy Conservator and the Hurbour 44- From the two documents viz.,—

(j) Eat. 7/E, extract of paragraphs 24 to 28 of the statement of claim dated 10th November, 1954 filed by the General Secretary, Bombay Port Trust General Workers' Union before Shrl N. S. Lokur, Arbitrator on the question of revision of the grades of the Master of ST 'Zephyr' and S. A- H. 'Panvel' and

til) Ex. 8/E extract from the Award dated 29th December, 1954 by S h1 N- S. Lokur, Arbitrator, on Demand No. 3 for revision of the gradi R of the Junior Engineers, S. T. Doris and the Masters of S. T. 'Zephyr' and S. A. H. 'Panvel'

it Is clear that Justice Lokur rejected the Union's demand for the revision of scale of the pay of the Master of 'Panvel'

45. Justice Lokur gave his award on 29th December, 1954. The present demand regarding revision of pay of the Master of 'Panvel' has to be considered in 1969. About 15 years have elapsed after the Award of Justice Lokur. It Is common ground that situation and circumstances in 1969 are not the same as were in 1954- Cost of living has gone high abnormally. As there is change In the circumstance, the finding of Justice Lokur given in 1954 would not operate ag a bar to the present demand for revision of pay of the Master of 'Panvel'.

46. Shri Shetty contends that during the last 10 years there were not less than 10 upward revisions in the Dearness Allowance of all employees including 'Panvel' crew and Master. After 1964, Wage Board has given interim relief on. two occasions. Even if there be change in circumstance between 19fl5 and 1969- It was adequately met by upward revisions in the scale of Pay and Dearnesa Allowance and hence on account of Justice Lokur's decision, the present demand for revision of p^y of the 'Master of Panvel' is barred by res judicata. Thia contention Is misconceived.

47- As the circumstances have changed, between 1954 and 1969, the present demand cannot be rejected on the ground of principle analogous to the principle of res judicata. At the most Shri Shetty can contend that the present demand is not justified as the Wage Scale has already been revised but he cannot raise the bar of res judicata.

48- In the original written statement Ex. 1/W dated 13th April, 1966, para- graph No. 26 was aa follows :—

"It is the submission of this Union that Deputy Conservator and- the Harbour Master In their confidential report to the General Manager have supported the demand raised by the Union and have expressed tho opinion that the Master should be placed on the higher scale cf pay- It la, therefore, the prayer of this Union that the Hon'ble Tribunal should be pleased to award the scale of Rs. 240—8—280 to the Master of 'Panvel' with effect from 20th September, 1981, when the demand was raised by the Union."

49. On 18th June, 1969, the General Secretary, Bombay Port Trust General Workers' Union gave application, Ex. 17/W, for correcting the written statement, Ex. 1/W- In respect of paragraph 26, his prayer was as follows: —

"(b) After the words the Harbour Master, In the second line of para. 20, the word 'their' should be corrected to read 'his'.

(c) The last four lines, para. 26 starting with the words 'It is' and ending with the word 'Union' should be removed-"

As the other side had no objection, the same correction was allowed.

50 In view of the amendment of para. 26 in Ex. 1/W, it is clear that ther" Is no piayer of the employees that this Tribunal should award the scale of. Rs 240—8—280 to the Master of 'Panvel' with effect from 20th September, 1961 when the demand was raised by the Union. As there is no prayer for awarding the scale of pay of Rs. 240—8—2*!0 to the Master of 'Panvel' in the written state- ment Ex. 1/W, the same cannot be granted.

51 It appears from para, 11 of the written statement Ex. 1/W, that this Union had raised a dispute under its letter No. GW/P/17-42 dated 8th January. 1965 In respect of 4 demands including the demand that the icale of Rs. ™JZ%r²™ °" applied to the Master of 'PanveV. The emplovers by their letter No. L / G E E - G ( u )/ 344 dated 5th February, 1965 Informed the Union tBat the revision of pay Bcal"

of the Master of 'Panvel' will be further discussed and that the demand of theJ crew for grant of special allowance ci Rs. 10/- per month should be referred to adjudication.

52. The present reference made by the Government of India on the basis of joint application of both the parlies is only in respect of additional allowance for attending to the work connected with the buoys. It is not in respect of the scale of pay of Rs. 240—8—280 to be applied to the Master of Panvei. Hence the Union's demand in respect of scale of pay of Rs- 240—8—280 to be given to the Master of 'Panvel¹ cannot be considered in this reference. The Union will have to raiae a fresh industrial dispute in this respect. Hence my finding on this point is as above.

53. Point No. (lv).—The important point for consideration Is whether the crews including Master of the Steam Anchor Hoy 'Panvel' are justified In claiming payment of an additional allowance for attending to the work connected with buoys. My finding on this point is in the affirmative for the following reasons.

54. Shn Shetty contends that the claim of the Union for special allowance for attending to the work connected with buoys Is stale and that it should be rejected- This contention cannot be accepted-

55. The Union by its letter No. GW/P/17-42 dated 8th January, 1965 referred to in para. 11 of Ex. 1/W raised a dispute regarding various demands including the one for special allowance. The Bombay Port Trust by its letter No. L/GEE- G(u)/344 dated 5th February, 1965, referred to In para. 12 of the Ex- 1/W, informed the Union that the demand for special allowance should be referred to adjudication under a joint application under Section 10(2) of the Industrial Disputes Act, 1947. In view of this, it cannot be said that the present demand for special allowance for attending to the work connected with buoys Is stale and that it should fail on this ground.

56- Shri Shetty contends that as the workman on 'Panvel' are given principally the work of laying buoys and of carrying water whenever necessary and as they do not perform the other numerous duties of Flotilla crew, they cannot claim special allowance for attending to the work of buoys.

57. As the workmen on 'Panvel' in substance claim special allowance on the ground that the work connected with buoys involves risk, hazard and danger to life and because it requires special skill, it cannot be, therefore, said that they should not be given special allowance, simply because they are principally given work of laying buoys and of carrying water and because they do not perform the other numerpus duties of Flotilla crew- Hence Shri Shetty's contention in this respect cannot be accepted.

58- Shri Shetty contends that as the demands for revision of scale of pay of the Master of 'PanveF and the demand for the special pay of Rs. 10/- per month was categorically rejected by the Higher authorities i.e. Deputy Conservator who is the Head of the Department and superior to Shri Chatterjee, the same cannot be granted by this Tribunal.

59. The Deputy Conservator by his letter No. E2-U/9625 dated 31st October, 1961 (vide copy Ex. 10/E) informed the Secretary, Bombay Port Trust as follows :— "Sub-—Grievances of the crew worktnp on Anchor Hoy 'Panvel'. With reference to your Memo No. FU/GEE-G(u)/ltf57 dated the 9th October, 1961, I have to inform you as under ;—

The Anchor Hoy 'Panvel' is mainly utilised for buoy work and whenever she is not engaged on such work, she supplies fresh water to vessel in steam and the Prongs Light House.

A.s regards the demand of the Union, I have to remark ad-seriatim as follows :—

(a) The grade of the Lascars has already been revised and this class of employees has been placed in Group I by the Jeejeebhoy Committee.

(b) There is no justification for increase in the presert sanctioned staff Of this vessel, as the number is found to be quite adequate for the work carried out by them.

(c) The members of the crew and the Master are solely engaged for doing this particular work on the Anchor Hoy 'Panvel' and there appears to be no justification for the special allowance of Rs. 10/- per month as demanded, as the duties they perform are of the

prescribed nature on a vessel doing buoy-work in the harbour, and there is also no otner additional work allotted to this vessel for which extra remuneration Is now asked lor.

(d) Originally, there used to be a Syrang incharge of this craft. The pay and the post of syrang has subsequently been upgraded to that of a Master- The increase now asked for does not justiiy the claim and therefore the demand is untenable- '

GO. it appears that the General Secretary of the Bombay PorL Trust General Workers' Union, by his letter dated 28th September, 1061 (vide copy Ex. 9/E) had made grievances on behalf 01 the crew working on Anchor Hoy 'Panvel'. In connection with this the Deputy Conservator submitted his view to the Secretary, Bombay Port Trust. It is clear from these two documents Ex. 9/E and 10/E that the Union's demand for special allowance of Rs. 10/- per month was rejected. It also appears that in 1805, the Union by its letter No. GW/P/17-42 dated 8th Jaruary, 1905 again raised various demands including the one for special allowance. The Bombay Port Trust by its letter No. L/GEE-G(u)/344 dated 5th February, 1005 informed the Union that the demand for special allowance should be referred to adjudication under a ioint application under Section fO(2) of the Industrial Disputes Act, 1947. In view of this, it cannot be said that the Union's demand In this reference cannot be considered by this Tribunal- This dispute wag lequired to be referred for adjudication to the Tribunal because the Bombay Port Trust authorities were not prepared to grant special allowance of Rs. 10/- per month Rejection of this demand by the Deputy Conservator Is no ground to reject this reference.

61- Ex. 6/E is the statement, which shows the monthly emoluments of all members of the crew and the Master of S. A. H. 'Panvel' for the month of March, 19tJ8 and June, 1965. Relying on this statement, Shri Shetty contends that as the employees on 'Panvel' are paid very handsomely, they are not entitled to claim special allowance- I am unable to accept this contention.

02. The dispute is about special allowance for attending to the work of buoys by the crews of 'Panvel'. They base their claim on certain grounds and we have to see whether these grounds are established and whether there is justification for granting the allowance, taking all circumstances into consideration.

03. Shri Shetty contends that the Engine room crews are not at all concerned with the work of buoys and that they are not entitled to claim special allowance.

64. Paragraph 27 in Ex. 1/W of the Union has been amended as per order on application Ex. 1.9/W dated 19th June, ,1969 given by the Union. After amendment, the relevant portion of para. 27 in Ex. 1/W is as follows :—

"It is the submission of this Union that the Hon'ble Tribunal should be pleased to award for the Dock crew of 'Fanvel' grant of special allowance at the rate of Rs. 10/- per head, per month with effect from 20th September, 1961."

65. Shri S. Chatterjee, Harbour Master (Ex. 18/W) examined on behalf of the employees, admits in his cross-examination by Shri Shetty that the engine room staff is not concerned with the buoys work and that they do not run any risk in connection with the work of buoys.

66. In view of the amended pleadings of the Union and the admission of Shri S. Chatterjee, it is- clear that the Engine room staff of Panvel is not concerned with the touoys work. It means that only Deck crews of 'Panvel' are concerned with the work of buoys. Hence the Engine crew staff of 'Panvel' is not entitled to special allowance. I, therefore, accept the contention of Shri Shetty in this respect.

67. Shri Shetty contends that the granting of any allowance would have far Teaching consequences on Lascars and other workmen similarly placed in Port Employment and other departments of the trustees, and that on account of this special allowance be not allowed to the crews of 'Panvel'. This contention is misconceived. If special allowance is granted to the crews of Panvel for attend- ing to the work of buoys on the ground of risk, hazard and danger to life in doing this work it would have no far reaching consequences on Lascars and other workmen in Port employment and other departments of the trustee¹). Every case has to be considered on its facts and circumstances. The fear entertained by Shri Shetty is purely imaginary. It is not based on any substantial material on record.

68. According to Shri Shetty, there are about 600 categories of employees^ the Port Trust. The work of each of these employees, broadly speaking is differ? ent from the other. If each duty is given some weightage and some allowance, there will be number of industrial disputes in the Port Trust,

69. What Shri Shetty wants to say is that crew of 'Panvel' should not be given special allowance for doing the duty of attending to the work of buoys and that if it is allowed there will be number of industrial disputes in the Port Trust. This fear is also baseless. On account of granting of special allowance to the crews of 'Panvel' for attending to the work connected with buoys there will not be number of industrial disputes in the Trust.

70. It is true that each duty cannot be given wcightage and that special allow- ance cannot be granted for doing each different work. I am not allowing special allowance to the crew of 'Panvel' because their duties arcs different from those of other Lascars on the Flotilla, but I am considering their claims on the ground of risk, hazard and danger to life in doing the work. Hence the contention raised (by Shri Shetty in this respect, cannot be accepted.

71. Shri Shetty contends thai; the Bombay Port Trust agreed for this reference because the workmen refused to carry out the buoys work and threatened to go on strike, and that this reference is not voluntary. This contention cannot be accepted.

72. If this reference was not voluntary, they should have either moved the Government for not making reference or filed a civil suit for obtaining necessary declaration and injunction. As they have failed to do so, it cannot be said that thus reference is not voluntary and that it is the result of coercion.

73. Shri Shetty contends that the trustees have taken a broader view of th" whole before rejecting the demand for special allowance and that the same be not allowed now. It is true thai the Trustees have rejected the Union's demand for special allowance but it is no ground by itself to reject this demand for special allowance. As the trustees rejected the demand the reference has been made to the Tribunal. The Tribunal has to find out from the material on record as to whether there is justification for this demand or not.

74. Shri Chatterjee, Harbour Master, was examined as a witness on behalf of the employees. His evidence is at Ex. 18/W. According to him, the different duties performed by the deck crew of 'Panvel' are as follows:— "(1) In connection with the supply of water to ships,

(2) In connection with the placing and lifting of navigational buoya in th"

harbour.

(3) In connection with the upkeep of the navigational buoys (i.e. cleaning,

removing rust and re-painting).

(4) The retrieval of anchor and cable attached thereto from the sea-bed. (5) The crew of Panvel attend to Slinging of Prong's Reef buoy which

was formerly done Iby workshop staff.

(6) The crew of Panvel attend to the chipping and painting of buoys which do not require attention from workshop and which are not dpposited on shore.

(7) The crew of the Panvel are required to go on to buoys In order to attach the Slings by means of which the buoya are lifted out of th" water.

(8) If the buoy sinks on account of any cause the Panvel deck crews search

for it and bring it up."

The Panvel deck crew attends to the mooring of the training ship Dufferin All buoys are placed in the water and taken out of the waier bv the 'Panvel' crew. The deck crew is exposed to the peculiar risk involved in handling buoys and chains and anchors. The operation in connection with buoys involves teem work. The nature of this work is ha-zardous and risky. All Lascars working in other vessels have not to work In connection with operation of buoys in the harbour. It is only the Lascars and deck crew in 'Panvel' who perform the work in con- nection with buoys in the harbour. Work in connection with buoya requires some •kill and experience.

75. Shri Chatterjee's evidence shows that the persons concerned in connection with the operation o± buoys are as follows:—

"Deck crew which would include the Master, The Syrang, or Tindel of Lascars, the L&scars themselves."

His evidence also shows that the work regarding attending to buoys and lifting and replacement and painting are generally carried out during the fine weather months Le. jfrom October to May, and that even in rainy season this work is to be carried out in case of emergency if the weather permits. He also .states that 'Panvel' crews attend to the work of lifting and replacing Prong Reef Light Buoys once in a year.

76. From the evidence of Shri S. Chatterjee, I find that the deck crews of 'Panvel' carry out general duties which are carried out by the deck crew of other tugs such as going aloft the mast, pulling and whipping, making fast wire, pulling a rope and chain stopper fixing back springs, etc. In addition to the general duties, the Panvel crews are given the work of attending to operation ot buoys and carrying water. The operation hi connection with buoys involves team work and requires skill and experience. The nature of this work is hazardous and risky. Shri Chatterjee is of the opinion that the persons concerned In this work should be given some Incentive for doing this work.

77. Shri Shetty contends that Shri Chatterjee has undue sympathy for the workmen working directly under him and that his opinion cannot be said to bo impartial. I am unable to accept this contention.

78. It Is true that the employees work directly under him but this Is no ground to resume that he has got undue sympathies for them and that he wants to favour them by telling falsehood. A perusal of his evidence shows that he has given his evidence in a most straight forward manner. There is nothing in hi3 cross- examination whiqh goes against him. He has impressed me as a witness of truth. He is high official in the Bombay Port Trust, holding the post of high responsibi- lity. I do not think he has any personal interest in giving evidence. I am satis- fled that he is a witness of truth and that his evidence deserves reliance. L therefore, accept the same.

79. Shri Shetty contends that Tanvel' men do not do towing work, that the 'Panvel' crews attend to the work of the Prongs Reef Buoya only once in a year, and that DeWormance of duty once in a year does not call for the payment of any special allowance.

80. It is true that the Tanvel' crews do not do the towing work, and that they attend to the work of Prongs Reef Buoys only once in a year. The special allow- ance claimed by the 'Panver crew is not only for attending to the work ol Prongs Reef Buoys, but for doing all work connected with other buoys. The work re- garding attending the buoys, lifting, replacement and painting is carried out dur- ing the fair weather i.e. from October to Mav and in rainy season al^o, in case of emergency. This work involves risk, hazard and danger to life. It requires skill and experience. Hence the contention raised by Shri Shetty for not allow- ing special allowance for this work cannot be accepted.

81. Shri Shetty contends that as¹ the risk involved in the buoyi work Is not greater than the risk involved ir> climbing along the mast of a ship, 'Panvcl' crews should not be allowed special allowance.

82. Tanvel' crews do the d'Jty of clirnbinfr aloncf the mast of a ship. In addi- tion to this th^y have to dn the duty of attending to buoys The evidence on record shows that this work of attending to buoys work requires skill and experi- ence. It is also risky and hazardous. It means that 'Panvel' crew has to take more risk than other crews who attend to the work of climbing along the mast of other Flotilla. Hence Shri Shetty's contention in this respect is difficult to accept.

83. According to Shri Shetty, praeticallv in every work of the Port there is an elpmcnt of danger. If we go on magnifying the dangers, the obiect of bringing about uniformity and rationalisation in the scales of pay of similar categories in various Port-, would be brought to an end. If we go on introducing an element of snccial nay for each and every dutv. tnere would be thousands of special pays for thousands of categories in Ports in the Country, creating all round confusion.

84. In thii casf\ allowing special allowance to Tanvel' crew for attending to the work of buovs on the f o u nd of risk, hazard, etc. would not amount to Intro- ducing an element of special pay for each and every duty. It 1^ true that irr

every work of the Port Trust, there is an element of some danger, but the degrejf of element of dangci varies with post to posts. If some posts involve risk and hazard and danger to lii'e more than in other posts, there should not be any difficulty in placing sucn posts on different footing. This would not result in disturbing the uniformity and rationalisation, in the scales of pay of similar cate- gories. I am therefore, unable to accept the contention of Shri Shetty referred lo above,

85. Dr. Maitra, the General Secretary of the Bombay Port Trust General Work- ers' Union contends that the crews oi 'Fanvel' are doing a special job and that on account of this special allowance to ba given to them,

86. From the evidence of Shri Chatterjee (Ex, 18/W), it is cleur that the deck crews on 'Panvel' carry out general duties which are carried out by the deck icrews of other tugs. In addition to these duties, the deck crews on 'Panvel' do the work oi attending to operation of buoys and carrying water as the craft is designed and utilised for that purpose. The other deck crews do not perform these special duties. There can be no doubt that attending to the operation ol buoys by the deck crews of 'Fanvel' is a special type of work. This work requires special skill and experience, It involves risk, hazard and danger to the life of the workers concerned. Hence special allowance deserves to be given to these workers.

87. It is contended that attending to operation of buoys by the deck crews on 'Panvel' is a part of their normal duties and that they should not be given any special allowance. It is true that attending to the operation of buoys by the deck crews is a part of their normal duties but this work requires skill and experience. It is also risky, hazardous and dangerous, Hence special consideration for doing this work has to be given. The Bombay Port Trust authorities are giving Caisson allowance to the employees for handling of the caisson, a floating craft, though the caisson work forms part of the normal duties of the employees concerned, because it is a special type of job which can be done only by experienced workers and Ibecause of handling of Caisson requires skill, strain and fatigue. Hence special allowance to the deck crews on 'Panvel' for attending to operation of buoys cannot be denied on the ground that this work is a pa^t of their normal duties and because the 'PanveP Is designed and utilised for that purpose.

88. There is another instance In the Bombay Port Trust regarding the grant of special allowance. A special allowance of eight annas per head to the shore crew of Butcher Island for carrying out the work of mooring and unmooring ships at Pir Pau Jetty is being given though mooring and unmooring of ships or floating crafts etc. are part of the normal duties of the shore crews of the Dy. Conserva- tor's department.

89. Report of the Jeejeebhoy Committee shows that in, respect of Calcutta Port, Lascars (On Anchor vessel) are given a grade of Rs. 40-1-50 plus Rs. 8 per month special pay. (See serial No, 284 Lascars on page 71 of the report of Jeejeebhoy Committee). There can be no doubt that these Lascars are getting special allow- ance of Rs. 8 per month for attending to the work connected with buoys,

90. According to Dr. Maitra of the Union, the duty of Anchor Vessel a-t Calcutta is to heave uv buoy and to repla.ee the same after doing necessary renairs and maintenance at its appointed place in the channel of Navigation. These Lascars Anchor vessel at Calcutta are getting Rs. 8 per month as special pay with effect from October, 1957. As the duties performed by the Deck crews on 'Panvel' at Bombay Port Trust are similar to the duties performed by Lascars (Anchor Vessel) at Calcutta, deck crews on 'Panvel' should be also given special allowance

91. Shri Shettv Intervened while Dr. Maitra was giving reply and referring to the ease of Lascars (Anchor vessel) at Calcutta and said that the case of Lascars (Anchor vessel) at Calcutta be not taken into consideration as there is no refer- ence about it in the written statement and as the conditions at Calcutta Port are different from those prevailing in Bombay Port. This contention of Shri Shetty cannot be accepted.

92. As the duties performed by the Lascars (Anchor vessel) at Calcutta and by the crows of 'Panvel' in connection with the work connected with buoys are the same, the fact that they Ret special pay of Rs. 8 per month for this work can be taken into consideration for considering whether special allowance should SEC. 3(u)] THE GAZETTE OF INDIA: SEPTEMBER 27, 1969/ASVINA 5, 11S91 4207

•tiould not the erews of 'Panvel' at Bombay get the same. Theie is no justification, m refusing to give this allowance to the crews of 'Panvel'.

93. In short, considering the oral and documentary evidence on records and the arguments of both sides, I hold that the deck crews of Panvel including the Master, are justified in claiming payment of an additional allowance for attending to the work connacted with buoys but the Engine room staff on 'Panvel' is not entitled to this allowance in this reference. Hence my finding on ihis point is as- above.

94. Point No. (V).—Dr. Maitra for the Union contends that Lhis allowance should be given at the rate of Rs. 10 per month with effect from 1961. On the other hand Shri Shetty contends that no retrospective effect should be given and that it should 'be given with effect from tha date of this reference.

95. From the Union's letter, Ex. 9/E, dated 28th September, 1961, addressed to the Secretary of the Bombay Port Trust, it appears that the Union had demanded a soecial allowance of Rs. 10 per month per head for doing the work in connection witn buoys. The Bombay Trust authorities turned down thi^ demand (vide letter dated 31st October, 196I, Ex. 10/E). Thereafter, the Union aguln raised a dispute as mentioned in its letter No. GW/P/17-42, dated 8th January, 1965. Tnc employers informed the Union by their letter No. L/GEE-G(u)344, dated 5th February, 19fi& that the demand of the crews of Tanyel' for grant of special allowance it Rs. 10 per month should toe referred to adjudication under a joint application under Section 10(2) of the Industrial Disputes Act, 1947. In view of those circumstances it appears to me that the special allowance should be allowed with effect from tne date of reference to this Tribunal i.e. 22nd July, 1965 and not with effect from 1901.

C6. The next point is what should be the amount of scecial allowance; The Union claims Rs. 10 per month per head. Lascars (On Anchor vessel) at Calcutta get Rs. 8 per month per head aa special ray for djing the duties, similar to those of the crews of 'Panvel'. It therefore a. pears to me that the crews of 'Panvel' should ibe given Rs. 8 per month per head as special allowance or special pay.

97. It appears that Shri Meher in his award in reference (IT-CG) No. 1 of 1933. 3 of 1963 and 1 of 1964 has allowed Rs. 2 per month as special pay in addi- tion their grade cay. The special allowance of Rs. 8 par month ver head to the- crews of 'Panvel' should be in addition to the allowance which Shri Meher has allowed to them alongwith other Lascars on other Flotillas. Hence my finding on Point No, (v) is as above.

98. In view of ths above findings, I pass the following order.

ORDER

1. It is hereby declared that the deck crews including the Mastei (but ex- cluding the Engine Room Staff) of the Steam Anchor Hoy 'Panvel' nre iustifled in claiming payment of an additional allowance for at- tending to the work connected with the buoys at the rate of Rs. 8 per month per head with effect from 22nd July, 1965 und that this special allowance shall be in addition to the special ray of Rs. 2 per month allowed by Shri Meher to all Lascars.

2. Award Is made accordingly, 3. No order as to costs.

(Sd.) N. K. VANI,

Presiding Officer,

Central Government Industrial Tribunal No. 2, Bombay.

[No. 28/50/G9-LRIV.T

C. RAMDAS, Dy. Secy.

(Department of Rehabilitation)

(Office of the Chief Settlement Commissioner)

New Delhi, the 12th September 1969

S.O. 3895.—In exercise of the powers conferred by Sub-section (1) of Section 6 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), the Central

Government hereby appoints for the State of Kerala, Shrl O. P. Narula, Accounts Officer (Junior) at Calicut in the Office of the Asstt. Settlement Commissionei Incharfie, Bombay, as Assistant Custodian of Evacuee Property for the purpose of discharging the duties assigned to Custodians by or under the said Act.

[No. 4(4)AGZ/68.]

S.O. 389C.—In exercise of the powers conferred by clause (a) of Sub-section (2) of Section 16 of the Displaced Persons (Compensation and Rehabilitation) Act, 1964 (44 of 1954), the Central Government hereby appoints for the State of Kerala, Shrl O. P. Narula, Accounts Officer (Junior) at Calicut in the Office of the Asstt. Settlement Commissioner Incharge, Bombay, as Managing Officer for the -custody, management and disposal of compensation pool.

[No. 4(4)AGZ/68.1

A. G. VASWANI,

Settlement Commissioner (A) & Ex-Offlcio Under Secy-

MINISTRY OF INFORMATION AND BROADCASTING

ORDERS New Delhi, the 15th September 1969

S.O. 3897.—In pursuance of the directions issued under the provisions of each of the enactments specified In the First Schedule annexed hereto, the Central Government after considering the recommendations of the Film Advisory Board, Bombay hereby approves the film specified in column 2 of the Second Schedule .annexed hereto in Gujarati to be of the description specified against it in column 6 of the said Second Schedule.

The First Schedule

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

(2) Sub-section (3) of Section 5 and Section 9 of the Bombay Cinemas (Regula- tion) Act, 1953 (Bombay Act XVII oi 1953).

(3) Sub-Section (4) of Section 5 and Section 9 of the Saurashtra Cinemas (Regu- lation) Act, 1953 (Saurashtra Act XVII of 1953).

The Second Schedule

Title of the film

Name of Name of Whether a Scientific the the film or a film inten-

Length 35mm

SI. No.

Applicant Producer ded for educational purposes or a film dealing with news& current events or a documentary film.

i

2

6

3

4 5

i MahltichitraNo. 112

23I-34M Director of Informa- tion Government of Gujarat, Sachivalaya Ahmcdabad.

Film dealing with news and current events (For release in Gujarat Circuit only).

[No. F. 24/1/69-FP App.1387.]

S.O. 3898.—In pursuance at the directions issued under the provisions of the enactments speqifled in the Frst Schedule annexed hereto the Central Government after considering the recommendations of the Film Advisory Board, Bombay hreby approves the film specified in column 2 of the- Second Schedule annexed hereto in all its language versions to be of the description specified against it in column 6 •of the said Second Schedule.

The First Schedule

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

(2) Sub-Section (3) of Section 5 and Section 9 of the Bombay Cinemas (Regula- tion) Act, 1953 (Bombay Act XI of 1953).

The Second Schedule

Whether a Scientific

Name of Name of

Length

Title of the film

SI. No.

35mm the the Applicant Producer

film or a film inten- ded for educational purposes or a ftltn dealing with news and current evens or a documentaryt film

6

1

2

3

4 5

1 Maharashtra News No. 207 . 294-44M

Film dealing with news and current events (for release in Maharashtra circuit only).

Director of Publicity Government of Maharashtrai Film Centre, 68-Tardeo Road, Bombay-34.

TNo. F. 24/1/69-FP App.1388.] S,O. 3899.—In pursuance of the directions issued under the provisions of the enactments specified in the First Schedule annexed hereto the Central Govern- ment after considering the recommendations of the Film Advisory Board, Bombay hereby approves the film specified in column 2 of the Second Schedule annexed hereto in Hindi language version to be of the description specified against it in column 0 o' the said Second Schedule.

The First Schedule

(1) Sub-Section (4) of Section 5 of TJttar Pradesh Cinemas (Regulation) Act, 1955 (Uttar Pradesh Act No. 3 of 1956).

The Second Schedule

Tide of the film

Length 35mm

SI. No.

Name of Name of the the Applicant Producer

Whether a Scientific film or a film inten- ded for educational purposes or a film dealing with news and current events or a documentary film.

1

2

6

3

4 5

1

Film dealing with

289-56M Sh. Dhi- Director

Urtar Pradesh Samachar SamuchhayaNo. 2

news and current events (for release inU.P.Citrcuit only.

rendra ' oflnfor- Pande mation, C/oSh. Govt. of V.Prabha-UP., M/i. Bom-Lucknow. bav Film Lab. (P)

Ltd., Dadar, Bombay.

[No. F. 24/1/69-FP App. 1389.]

BANU RAM AGGARWAL, Under Secy.

MINISTRY OF HEALTH, FAMILY PLANNING, WORKS, HOUSING AND

URBAN DEVELOPMENT

(Department of Health)

New Delhi, the 16th September 1969

8.O. 3903.—Whereas Dr. K. N. Ojha, M.D. (Patna), Ph.D. (London), Professor of Pharmacology, SC-B- Medical College, Cuttack, has been nominated under clause (h) of section 3 of the Pharmacy Act, 1948 (8 of 1948), by the Government of Orissa to represent that State on the Pharmacy Council of India with effect from the 10th August, 1969:—

And whereas Dr. Dharani Nath Phukan, M.B,, D.P.H., D.T.M. & H., MP.H-. Director of Health Services, Assam, Shlllong, has been renomlnated under clause (h) of section 3 of the said Act by the Government of Assam to represent that State on the Pharmacy Council of India with effect from the 10th September, 1969;—

And whereas Dr. T. B. Gupta, M.B.BS. (Pat.), DLO (London), D.O.M.S. (London), Additional Director of Health Services, Bihar, Patna has been nominated under clause (h) of section 3 of the said Act by the Government of Bihar to re- present that State on the Pharmacy Council of India with effect from the 22nd June, 1969;

Now, therefore, in pursuance of section 3 of the said Act, the Central Govern- ment hereby directs that Dr. Dharani Nath Phukan shall continue to be with effect from the 10th September, 1969, member of the Pharmacy Council of India con- stituted by the notification of the Government of India in the Ministry of Health

Jfo. F, 7-23/59-D, dated the 21st December, 1959 and makes the following further amendments In the said notification, namely:—

In the said notification, under the heading "VI-Members nominated by State Government under clause (h)", for the entries against serial Nos, 3 and 7 the following entries shall respectively be substituted, namely:—

and 7 the following entries shall respectively be substituted, namely:—

"3. Dr. T. B. Gupta, M.B.B.S. (Pat) DLO (London), D.O.M.S. (London), Additional Director of Health Services, Bihar, Patna";

"7. Dr. K. N. Ojha, M.D. (Patna), Ph.D, (London), Professor of Pharmaco- logy, S.C.B. Medical College, Cuttack".

[No. F. 4-17/69-MPT.]

New Delhi, the 18th September 1969

S-O. 3904.—Whereas the Central Government has, in pursuance of the provisions of clause (e) of sub-section (1) of section 3 of the Indian Medical Council Act, 1956 (102 of 1956) nominated Lt. Gen. S. N. Chatterjee, M.C., M.B.B.S., Director- General, Armed Forces Medical Services, New Delhi, to be a member of the Medical Council of India with effect from the 11th July, 1969 vice Lt. Gen B. Bhattacharjya resigned;

Now, therefore, in pursuance of the provisions of sub-section (1) of section 3 of the said Act, the Central Government hereby makes the following further amendment In the notification of the Government of India in the late Ministry of Health No. 5-13/59-MI, dated the 9th January, 1960, namely:—

In the said notification, under the heading "Nominated" under clause (e) of sub-section (1) of section 3 for the entry against serial No. 2, the following entry shall be substituted, namely:—

"Lt- Gen. S. N. Chatterjee, M-C-, M-B.B.S-, Director-General, Armed Forces Medical Services, New Delhi".

[No. F. 6-6/69-MPT.]

ORDERS

New Delhi, the 16th September 1969

S.O. 3905.—Whereas by the notification of the Government of India in the late Ministry of Health No. 16-8/61-MI, dated the 14th August, 1962, the Central Gov- ernment has directed that the Medical qualification, "Doctor of Medicine" granted by the University of Hamburg, West Germany, shall be recognised medical quali- fication for the purposes of the Indian Medical Council Act 1956, (102 of 1956);

And whereas Dr. Chrlsta Manjrekar who possesses the oaid Qualification is for the time being attached to the Central Food Technological Research Institute, Mysore for the purposes of charitable work;

Now, therefore, in pursuance of clause (c) of the proviso to sub-section (1) of section 14 of the said Act, the Central Government hereby specifies—

(i) a period of two years from the date of publication of this order In the Official Gazette, or

(ii) the period during which Dr. Christa Manjrekar is attached to the said Central Food Technological Research Institute, Mysore,

whichever is shorter, as the period to which the medical practice by the aforesaid doctor shall be limited.

[No. F. 19-7/69-MPT.l

New Delhi, the 18th September 1969

S.O. 3906.—Whereas by the notification of the Government of India in the Minis- try of Health, Family Planning, Works, Housing and Urban Development, No. 19- 37/69-MPT, dated the 30th August, 1969 the Central Government has directed that the Medical qualification, M.D. awarded by the Chlba University, Japan shall be recognised mediqal qualification for the purposes of the Indian Medical Council Act, 1956 (102 of 1956);

And whereas Dr. Saito Toshi who possesses the said qualification is for tt" time being attached to the Indian Centre of the Japan Leprosy Mission for AJS, Agra lor the purposes of teaching, research and charitable work,

Now therefore, in pursuance of clause (c) of the proviso to sub-section (1) of seal on 14 of the said Act, the Central Government hereby specifies

U) a period of two years from the date of publication of this order m the Official Gazette, or

(il) the period during which Dr. Saito Toshi is attached to the said Indian Centre of the Japan Leprosy Mission for Asia, Agta

whichever Is shorter, as the period to which the medical practii e by the aforesaid doctor shall be limited-

[No. F. 19-37/69-MPT.l S-O. 3007—Whereas by the notification of the Government of India in the Minis- try of Health, Family Planning, Works, Housing and Urban Development No 19-37/ 69-MPT, dated the 30th August, 1969, the Central Government has directed that the Medical qualiilcatlon, M-D-, awarded by the Kyota University, Japan .shall be recognised medical qualification for the purposes of the Indian Medical Council Act, 1956 (102 of 1956);

And whereas, Dr. Miynzaki Matsuki who possesses the said qualification is for the time being attached to the Indian Centre of the Japan Leprosy Mission for Asia, Agra for the purposes of teaching, research and charitable work-

Now, therefore, in pursuance of clause (c) of the proviso to sub-section (1) of

Section 14 of the said Act, the Central Government hereby specifies—

(I) a period of two years from the date of publication of this order in the Official Gazette, or

(ii) the period during which Dr. Miyasaki Matsuki is attached to the said Indian Centre of the Japan Leprosy Mission for Asia, Agra

whichever is shorter, as the period to which the medical practice b,y the aforesaid doctor shall be limited.

LNo. F. 19-37/69-MPT.I

R. MURTHI, Under Secy.

(Department of Health)

New Delhi, the 22nd September 1969

S.O. 3908.—The following draft of certain rules further to amend the Drugs and Cosmetics Rules, 1965, which the Central Government proposes to make, alter consultation with the Drugs Technical Advisory Board, in exercise of the powers conferred by sections 12 and 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), is published, as required by the said sections for the information of all persons likely to toe affected, thereby and notice is hereby given that the said draft will be taken into consideration on or after the 20th December, 1969.

2. Any objections or suggestions which may be received from any person with respect to the said draft before the date so specified will be considered by the Central Government.

Draft Rules

1 These rules may be called the Drugs and Cosmetics (Amendment) Rules, 1969.

2 In the Drugs and Cosmetics rules, 1945 (hereinafter referred as the said Rules), in rule 74, after clause (K) the following clause shall be inserted:—

"(1) the licensee shall maintain reference samples from each batch of the Jcugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tests performed on the batch. In case of drugs (beaming an expiry date on the lafcel the reference samples shall be maintained for a period of one year beyond the date of expiry of potency. In case of drugs where no date of

expiry of potency is specified on the label, the reference samples shall be maintained for a¹ period of three years from the date of manu- facture".

3. In rulp 74-A of the said rules, after clause (f), the following clause shall be

inserted:—

"(g) the licensee shall maintain reference samples from each batch of the dr_ugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tesis performed on the batch. In case of drugs bearing an expiry date on the label the reference samples shall toe maintained for a period of one year beyond the date of expiry of potency. In case of drugs where no date of expiry of potency is specified on the label, the reference samples shall be maintained for a period of three years from the date of manufacture."

4. In rule 74-B of the said rules, after sub-rule (4) the following sub-rule ^hall be inserted:—

'(5) the licensee shall maintain reference samples from each batch of the drugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tests performed on the batch. In case of drugs (bearing an expiry date on the label the reference samples shall be maintained for a period of one year beyond the date of expiry of potency. In case of drugs where no date of expiry of potency is specified on the label, the reference samples shall be maintained for a period of three years from the date of manu- facture.'

5. In rule 76 of the said rules, after sub-rule (5), the following sub-rule shall be inserted:—

'(6) the applicant shall furnish to the licensing authority, if required to do so, data on the stability of drugs which are likely to deteriorate for fixing the date of expiry and that would bo printed on the labels of such drugs on the Ibasis of the data so furnished.'

6. In rule 78 of the sai~d rules, after clause (K), the following clause shall be inserted:—

'(1) the licensee shall maintain reference samples from each batch of tha drugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tests performed on the batch. In case of drugs bearing an expiry date on the label the reference samples shall be maintained fo£ a period of one year beyond the date of expiry of potency. In case of drugs where no date of expiry of potency is specified on the label, the reference samples shall be maintained for a period of three years from the date of manu- facture.'

7. In rule 78-A of the said rules, after sub-rule (4), the following sub-rules shall be inserted:—

'(5) the licensee shall furnish to the licensing authority, if required to do so, data on the stability of drugs which are likely to deteriorate for fixing, the date of expiry and that would be printed on the labels of such drugs on the basis of the data so furnished.'

'(6) the licensee shall maintain reference samples from each batch of the drugs manufactured by him in a quantity which is at least twice the quantity of the drug required to conduct all the tests performed on the batch. In case of drugs bearing an expiry date on the label, the reference samples shall (be maintained for a period of one year beyond the date of expiry of potency. In case of drugs where no date of expiry of potency is specified on, the label, the reference samples shall be maintained for a jjeriod of three years from the date of manu- facture-'

[No. 1-60/69-D.]

S. SRINrv&SAN, Under Secy.

(Department of Works, Housing- and Urban Development)

New Delhi, the 17th September 1969

S.O- 3909.—In exercise of the powers conferred by section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (32 of 1958), the Central Government hereby appoints the officer mentioned in column (1) of the Table below, being the officer equivalent to the rank oi a gazetted officer of Government to be estate officer for the purposes of the said Act who shall exercise the powers conferred and perform the duties imposed on estate officers by or under the said Act within the local limits of his jurisdiction in respect of the public premises specified in column (2) of the said Table.

TABLE

Categories of public premises ar.d local Designation of the Officer,

limits of jurisdiction.

CD

(a)

Deputy Registrar (Administration), Punjab Univer-

sity, Chandigarh,

Public premises bclorging to or taken on lease by and under the administrative control of ihe Punjab University wilhin the Revenue limits of Chandigarh District.

LNo. F. 2l012(5)/87-Pol.IV.]

S-O. 3910—In exercise of the powers conferred by section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 195B (32 of 1958), the Cen- tral Government hereby makes the following further amendments in the notifica- tion of the Government of India in the late Ministry of Works, Housing and Supply No. S.O, 307 dated the 28th January, 1959, namely:—

In the table below the said notification, against serial number 13, in column 1-—

(1) in item (c), the word 'Bombay' shall be omitted; and (ii) after item (c) and the entries relating thereto in columns 1 and 2, the

following item shall be inserted namely:—

"(d) Divisional Engineer (Engineering) Posts and Telegraphs Department, Bombay—Premises under the administrative control of the Posts and Telegraphs Department situated within the local limits of his jurisdiction,"

[No- F. 21011(4)/66-Pol.IV0

S.O. 3911.—In exercise of the powers conferred by seation 3 of the Public Premises (Eviction of Unauthorised Occunants) Act, 1958 (32 of 1958). the Cen- tral Government hereby appoints the officer mentioned in column (1) of the table below being an officer equivalent to the rank of a gazetted officer of Govern- ment to be estate officer for the purposes of the said Act, who sh<>ll exprcise the powers conferred and perform the duties imposed on the estate officers by or under the said Act, within the local limits of his -jurisdiction In respect of the public premises specified in the corresponding entry in column (2) of the said table.

THE TABLE

Category of public premises and local limits of Designation of the officer

jurisdiction.

(i)

Premises belonging to, or taken on lease by and under the administrative control of i he Institute within the revenue limits of Chand garh District. Administrative Officer, Post Graduate Institute of Mcd.cal Education and Researchj Chandigarh.

[No. F. 21011(4)/66-Pol.IV.]

S-O. 3912—In exercise of the powers conferred by section 3 of the Public Premises (Evletlon of Unauthorised Occupants) Act, 1958 (32 of 1958), the Cen- tral Government hereby appoints the bfflcers mentioned in column (1) of the table below, being gazetted officers of Government, to be estate officers for the pur- poses of the said Act, who shall exercise the powers conferred and perform the duties Imposed on the estate officers, by or under, the said Act, within the local limits of their respective jurisdiction In respect of the public premises specified in the corresponding entry In column (2) of the sold table.

THE TABLE

Category of public premises and local limits of Designation of the officer

jurisdiction.

(2)

d)

Divisional Superintendents, North Eastern Railway, Izatnagar, Lucknow Varanasi and Samastipur.

Premises under the administrative control of the North Eastern Railway situted within the local limits of their respective jurisdiction.

[No. F. 21011 (4) /66-P0IJV.]

T. K. BALASUBKAMANIAM, Dy. Director of Estates and Ex. Offlcio Under Secy.

MINISTRY OF FOREIGN TRADE AND SUPPLY

(Department of Foreign Trade)

New Delhi, the 9th September 1969

S-O- 3916.—In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) the Central Government hereby makes the following Order further to amend the Cotton Control Order, 1955, namely: —

1. This Order may be called the Cotton Central (Amendment) Order, 1969.

2. In the Cotton Control Order , 1955, in clause 14.B,—

(a) in sub-clause (3), after the words, figures and brackets "the Essential Commodities Act, 1955 (10 of 1955)'", the words "and after giving the stock-holder a reasonable opportunity of being heard" shall be in- serted;

(b) in sub-clause (4),i for the words "may appoint any perst^n Or persons in any case or class of cases to advise him", the words "may establish in any case or class of cases a Committee, consisting o£ members representing the interests of the growers of cotton, cotton trade and manufacturers, to advise him" shall be substituted.

[No. F. ll(55)/67-Tex(A)-Tex(I).]

DAULAT RAM, Under Secy.

(Department of Foreign Trade)

New Delhi, the 15th September 1969

S.O. S917.—In exercise of the powers conferred by sub-rule (a) of Clause 2 Of the Jute (licensing and Control) Order, 1961, the Central Government hereby appoints Shri S. K. Bhattacharya, Deputy Jute Commissioner, Calcutta, to exercise the powers of the Jute Commissioner under the said Order, during the period of absence of the latter on deputation.

[NO. F.4(21)Tex(D)/69.]

S-O. 3918.—The following draft of certain rules further to amend the Coir Indus- try Rules, 1954, which the Central Government proposes to make in exercise of the powers conferred by sub-section (I) of section 36 of the Coir Industry Act, 1953 (45 of 1953), is published, as required by the said sub-section (I), for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft will be taken into consideration on or after the 1969.

Any objections or suggestions that may be received from any person with respect to the said draft on or before the date so specified will be considered by the Central Government:—

Draft Rules

1. These rules may be called the Coir Industry (Amendment) Rules, 1969.

2. For rule 18 of the said rules, tho following rule shall be substituted, namely: — "18. Accounts 0/ the Board.—(1) The Board shall maintain accounts of all income and expenditure relating to each year m the forms set uut in the schedule-

(2) The audited accounts of income and expenditure and of the assetg and liabilities together with the audit report therein shall be submitted to the Central Government as soon as may be after such accounts are audited and in any case, not later than soven months from tho close of the year to which the accounts relate.

(3) The accounts of income shall be shown under the following heads: —

(a) moneys received under section 14 of tho Act; (b) grants received from the Central Government under section 14A of the

Act;

(c) fees realised on account of licences, registration, etc., issued; (d) any other money received by the Board; (e) interest received from investments,

(4) The total income only shall be shown under each of the heads specified in sub-rule (3) and the opening balance, if any, shall be stated. (5) Expenditure shall be shown under separate heads and sub-heads. (6) The closing balance of the year shall be shown at the foot of the accounts

on the expenditure side-".

3. In rule 27 of the said rules, for the words "within three months", the words "within three months and seven months respectively" shall be substituted.

4. For Forms 2 and 3 set forth in the Schedule to the said rules, the following ,rms shall be substituted, namely: —

FORM 2

[See rule 18(1)1

Income and Expendit ire Account for the year ended

Expenditure Income

Administration

1. By opening Balance 2. Moneys received under section 14 of the Coir Industry Act, 1953-

Pay of Officers Pay of establishment Pay of temporary establishment

. Allowances and honoraria

3- Grants received from the Central Government under section 14-A of the Act.

4. Fees realised on account of licences, Dearness allowance

registration etc. issued.

House Rent and other allowances 5. Miscellaneous receipts. *6. Interest on investments-

Travelling allowance Leave and pension contribution Total allowance and honoraria

Contingencies

Furniture and fittings Stationery and printing Books and periodicals Postage and telegraph charges Telephone Pay of contingent staff Office expenses and miscellaneous Purchase and maintenance of car Notiflcation charge Insurance and maintenance of office buildinjj Total contingencies *Total administration

II. Measures for "promoting sales and Increasing consumption of Coir Goods

(a) India

1. Show Rooms Pay of establishment

Allowances and hovoraricx

H.R.A. and other allowances

Travelling allowance Total allowances and honoraria

Contingencies

Rent, postage, telegraph and tele-

phone.

Electricity and water charges Office expanses and miscellaneous Pay of contingent sfaff Purchase of exhibits and upkeep Total contingencies Total (i) show rooms.

I. Marketing and Propaganda Pay of establishment

Expenditure

Income

Allowances and honoraria

Dearness allowance House rent allowance and other

allowances

Travelling allowance Total allowances and honoraria Advertisements in India Exhibitions in India Other propaganda Purchase of Van Total 2 Marketing and propaganda

3- Publications

Pay of Establishment

Allowances and Honoraria Deamess allowance H.R.A. and other allowances Total allowances and honoraria

Printing charges Journal Calendar Reports Diary- Total printing charges Total 3 Publications.

4, Appointment of Accredited Dealers- 5. Quality Control

(1) Head quarters Pay of Establishment

Allowances and honoraria

Dearness allowance House rent and other allowances Travelling allowance. Total allowances and honoraria

Contingencies

I.S.I, membership and subscription Equipment for Inspection Printing of certlflcnic Other charges Total continRencies Total (1) Quality Control Head-

quarters

(2) Quality Control Inspectorate Pay of Establishment

Allowances and honoraria

Dearness allowance Travelling allowance Conveyance allowance House rent and other allowances Total allowances and honoraria

Contingencies Rent Furniture and Fittings Stationery and printing Postage, Telegram and Telephone Electricity charges

Expenditure

Income

Office expenses and miscellaneous Total contingencies Total (2) Inspectorates Total 5 Quality Control

(b) Outside India

1. Advertisement 2. Exhibitions 3. Foreign Delegations and Study

Teams

4- Market Survey

Total (b) Outside India Total II Measures for promoting sales and increasing consumption of coir goods

El. Research

(a) Central Coir Research Institute

Pay of Director Pay of Establishment Allowances and honoraria

Dearness allowance House rent and other allowances Travelling allowance Total allowances and honoraria

Contingencies

Furniture and fittings Stationery and printing Postage and telegraph Telephone Electricity charges Office expenses and miscellaneous Periodicals Pay of contingent staff Trials on improved coir spinning

machines

Popularisation of spinning machine Maintenance of office and equip-

ments

Total contingencies Library books Laboratory equipments Chemicals and raw materials Building Total (a) Central Coir Eesearch

Institute

(b) Regional Coir Research Station,

Uluberia

Pay of Establishment Allowances and honoraria

Dearness allowance House rent and other allowances Travelling allowance Tota] allowances and honoraria Contingencies Equipments Buildings. Total (b) Regional Coir Research

Station,

Expenditure

Income

(c) Economic Research and Statis-

tical Research Station. Pay of Establishment

Allowances and Honoraria

Dearness Allowance House rent and other allowances Travelling allowance Total allowances and honoraria

Contingencies

Periodicals Publications Library books Miscellaneous Total contingencies Market Research Section Research Survey and Registration and Licensing Survey In Kerala Total (c) Economic Research and

Statistical Research Section

National Coir Training and Design

Centre.

Pay of Establishment

Allowances and Honoraria.

Dearness allowance Travelling allowance House rent and other allowances Total allowances and honoraria

Contingencies

Rent Pay of contingent staff Stipend to trainees Electricity charges Export helpers for weaving Cost and maintenance of equip-

ments

Additions and alternations Postage, telegraph and telephone Furniture Office expenses and miscellaneous Total contingencies Total (d) National Coir Training

and Design Centre

Total III Research

IV. Export Promotion

Pay of establishment

Allowances and Honwraria

Dearness allowance House rent and other allowances Total allowances and honoraria Contingencies Total IV Export Promotion

V. Other Charges (a) Plan Expenditure

Office building Mechanised Factory Central Dye House

Income

Expenditure

(b) Non^plan expenditure

Travelling allowance to members Contributory Provident Fund Board's contribution Audit fees Depreciation

Total V others

VI. Advances

TOTAL

Excess of Income over expenditure

TOTAL

FORM 3

[See rule 18(1)]

A^ets and liabilities as at

Figures Figures

Figures T Assets

Liabilities

for

Figures fo previous

for

for

previous

year

current year year

current year

1. First Assets

J. Reserve and Surplus

Income and expenditure Land and Buildings as per last Balance Sheet

account

CredithEjer.ee as per

last bclance sheet Add. Excess of Income Additions during the jeur Less Depreciation Machinery and Equipments as per last Balance Sheet

over expenditure this year

Deduct. Excess of expen- diivre over incrme this year

Additions duringirr >ear Less Depreciation Furniture and Fiilirgs as per

2. Loans and Advances last Balance Sheet Additions during ihe year

3. Current Liabilities inclu-

Library books, as per last

Balance Sheet

ding outstanding expenses and advance receipts.

Addi'ions during the year Less Depredation.

2. Investments (at cost)

3. Loans and Advances

4. Current Assets including pre-paid expenses, out- standing receipts, accrued interest etc.

5. Gash Balance Permanent

Advances

Cash at Bank Cash in Hand

FORM 4

[See rule 18(1))

Manufacturing, Trading and Profit and Loss Account of The Hindustan Pcvakim Factory fw

The Year ended

Manufacturing Account

To Opening stock By goods transferred 10 iradirg accoum

Raw materials Closing Stock Semi Finished GoodB Semi Finished Goods

Raw materials

Purchase of Raw Materials Dyeing charges Wages Packing materials Power LubricantSj etc. Other productive expenses

TOTAL

Trading Account

To Manufacturing Account By Salts

,, Closing meek of Finished fcuccs

,. Sales expenses ,, Gross profit transferred 10 Profit

and L09.1 Ace jum

TOTAL

Profi-. and LJSS Account

To Salaries

„ Travelling Allowance By Gross Profit b/d from Trading A/c ,, Postage and Telegram Miscellaneous ,, Stationery and Printing ,, Electricity and Waier „ Telephone „ Contingent Staff „ Advertisement „ Notification ,j Carriage and Cartage ,, Sundry Expenses ,, Interest ,, Repairs and Maintenance ,, Depreciation

Net profit c/d to Balance Sheet — —

Total

[No. F. 30(3>SSI(B)/62-Tex(D)]

ORDER

New Delhi, the 11th September 1969

S.O. 3919.—In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the- followinjf order further to amend the Coir Retting (Licensing) Order, 1968, namely:—

1. This Order may be called the Coir Retting (Licenaintf) Amendment Order,. 1969-

•J 5) OfLT&LOI IS a p p l l c a t i°? *<" O"e ^sue of a licence or permission, the licensing officer may after making such Inquiry, If any, as he con' aiders necessary, by order in writing, either grant the licence or per- mission, in Form I-A or reject the application for the same: Provided that no application for the issue of a licence or permision shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against such rejection:

Provided further that a copy of the order shall be communicated to the applicant.

(6) Where a licence granted under this order is lost or destroyed, the licens- ing officer may, after making such inquiry ab he deems necessary, issue a duplicate on payment of a fee of Rs. 5/- or the fee levied for the issue of the licence, whichever is less.

(7) A licence granted under this order shall not be transferable. In the event of death of the holder of a licence, the heirs, if any, shall apply for a fresh licence to the licensing officer and the licensing officer after making such inquiry as he deems necessary shall grant the licence or permission or reject the application for the same:

Provided that no such application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against such rejection-

(8) Every licence granted under this Order, shall be valid for a period of one year, but may on application, be renewed for one year.

t,9) Application for renewal of licence shall be in Form I-B and be made within 30 days before the date of expiry and be accompanied by the licence already granted.

Provided that the licensing officer may entertain an application which la not made in time, it he Is satisfied that there was sufficient cause for not making the application in time.

(10) Every application for renewal of the licence shall be accompanied by the fee at the same rate levied for the granting of the licence and such application shall be dealt with as provided In sub-clause (5). ( in If the holder of the licence desires to reduce or increase the area of retting, he should Inform the licensing officer in writins at the time of renewal of the licence, and the licensing officer after conducting such inquiry as he deems necessary shall effect amendments In the licence granted-";

FORM I-A Coir Retting (Licensing) Order, 1968

[See clause 3(5)]

Licence /Permission

1. No. and date of issue of licence.

2. (I) Full name of the holder of the licence,

(ii) Address in full.

3. Particulars of the retting field (Locality, Survey No.,

area In Sq. Metres, etc.) Licenced for retting husks.

4. Normal quantity of husks that can be retted.

Conditions of the licence for retting.

1 The licence for retting is issued subject to the provisions of the Coir

fnlep' rettlnc except in places licenced for retting.

4. The holder of the Heence shall furnish correctly and completely such returns relating to the business as may be specified in this Order.

5. The holder of the licence shall permit an officer of the State Government authorised by the lioensing officer to inspect the place where the retting is under- taken, shall furnish samples of any article to which this Order applies, shall pro- duce on demand by such officer such records or documents in his possession or under his control and shall allow to enter or search any premises and seize any article to which this Order applies.

FORM I-B

Con Retting (Licensing) Order, 1968.

LSee clause 3(9)]

Form of application for the renewal of a licence for retting.

1. Name of the holder of the licence. 2. Address in full. 3. Particulars of the place of retting (Survey No. village,

Taluk, area in sq. metres etc).

4. No and date of Licence granted.

5. Whether the Licence is enclosed-

Station

Date

Signature of the holder of the licence.

[No. 23(8)-Tex(D)/68.J

A. G. V. SUBRAHMANIAM, Under Secy.

(Office of the Jt. Chief Controller of Imports and Exports)

ORDER¹

Bombay, the 4th August, 1969

SUBJECT: Order for cancellation of Customs Purposes and Exchange Control Copies of Licence No. P/A/M/1301671, dated 3rd December, 1968 for Rs. 1897/- issued in a favour of M/s. Sarabhai Nemchand, Bombay.

S.O. 3920.—M/s. Sarabhai Nemchand, Bombay were granted an Import Licence (Both copies) No. P/A/M/1301671, dated 3rd December, 1868, lor Rs. 1897/- for Import of items shown on the reverse of this order for the licensing period A.J. OS from Sudan. They have applied for the duplicate of 1he Customs Purposes and Exchange Control copies of the said licence on the ground that the original Cus- toms Purposes and Exchange Control copies of the licence have been lost or mis- placd- It is further stated that the original licence was not registered with any Customs House and was unutilised-

In support of the contention, the applicants have filed an affidavit on stamped paper duly attested before the Presidency Magistrate, Greater Bombay. I am satisfied thai the Original Customs Purposes and Exchange Control copies of the licence No. P/A/M/1301671, dated 3rd December, 1968 for Rs. 1897/- have been lost or misplaced and have directed that the duplicate of the Customs Purposes and Exchange Control copies of the licence should be issued to the applicants. The ordinal Customs Purposes and Exchange Control copies of the licence No. P/A/M/ 1301671, dated 3rd December, 1968 are hereby cancelled.

[Issued from File No. P. Food/7/S 2/AJ-68/EPL II.l [No. 1/EPSC-lU.l

SMT. M. D'COSTA,

Dy. Chief Controller of Imports. For Jt. Chief Controller of Imports & Exports.

(Office of the Deputy Chief Controller of Imports and Exports, Fanjim-Goa.}

ORDER

PaiLJim, the 8th September 1969

S.O. 3921.—M/3. Damodar Auto Parts, Panjim-Goa were granted an import licence No. P/E/0139870/C/XX/28/G/27-28 duted 23rd July, 1068, for RE. 1,000 for import of "Photographic negatives and printing papers excluding X-Ray films" under S. No. 303-IV ITC Schedule. They have applied for a duplicate oi the Customs Purposes copy of the licence on the ground that the original has been lost or misplaced. It is further stated that the original licence was not register- ed with any custom house and the licence was not utilised at all. In support oi the above contention the applicant firm have filed an affidavit on a stamped paper duly attested by the Taluka Magistrate, First Class Goa, Panjim.

I am satisfied that the Customs purposes copy of the licence No. P/E/0ia9870/ C/XX/28/G/27-28 dated 23rd July, 1968, has been lost or misplaced and direct that a duplicate Customs Purposes copy of the licence should be issued to the applicant.

In exercise of the powers conferred on me under section 9(CC) of Import Control Order, 1955 dated 7th December, 1055, I order the cancellation of Customs Purposes copy of import licence No. P/E/0139870/C/XX/28/G/27-28 dated 23rd July, 1968.

The applicant is now being issued a duplicate copy of Customs Purposes

[No, EI/303-IV/11/AM69.]

R. D. PAWAR,

Dy. Chief Controller of Imports and Exports.

(Office of the Chief Controller of Imports and Exports)

ORDER

New Delhi, the 9th September 1969

S.O. 3922.—M/s. Standard and Co., Kanpur were granted impoprt licence No. P/D/2166345 dated 6th December, 1968, under Free sources for the import of raw material valued at Rs. 32,500. They have requested for issue of dupli- cate Exchange Control Purposes copy of the licence on the ground that the original Exchange Control copy of the licence has been destroyed. It has further been reported by the party that the licence was lost without being utilised. The licence was not registered with any customs authorities.

In support of their contention, the applicant have filed In an affidavit. The undersigned is satisfied that the original Exchange Control copy of the licence No. P/D/2I6634S dated 6th December, 1968, has been destroyed and directs that a duplicate Exchange Control copy of the said licence should be Issued to them. The original exchange control copy (s cancelled. Duplicate exchange copy is being issued separately.

[No. Cycle/27-A/67.68/RMI.]

G. S. SHARMA,

Dy. Chief Controller of Imports and Exports. •

(Office of the Chief Controller of Imports and Exports)

ORDER

New Delhi, the 12th September 1969

S,O. 3923.—The late Maharjkumari P. C. Yuthok had obtained the import licences as per list attached as well as other import licences of which the detailed particulars are not available with the undersigned,

2. Thereafter, a show cause notice No. Sikkim/8/AM69/Adhoc/548, dated the 19th August. 1969, was issued asking the legal hctr, representative Or attorney or solicitor of the late Maharajkumari P. C. Yuthok, the Palace, Gangtok, to show cause within 15 days as to why the licences as per list attached and all other unutilised or partly utilised valid licences should not be cancelled on the ground that Information has been received that the licensee, the said Maharajkumari P. C. Yuthok, expired on the 13th January, 1969- The undersigned has no informa- tion whether the business of the licensee is continuing or not and also there is reason to believe that the licences will not serve the purpose for which these were granted and might be utilised by unscrupulous persons in terms of Clause 9, sub-clause (cc) of the Imports (Control) Order, 1055, dated 7th December, 1955 as amended.

3. No reply to the aforesaid show cause notice has been received by the under- signed till to-day.

4. Having regard to what has been stated in the preceding paragraph, the undersigned is satisfied that the licences in question should be cancelled or other- wise rendered ineffective. Therefore, the undersigned, in exercise of the powers vested in him under Clause 9 sub-clause (cc) of the Imports (Control) Order, 1955 hereby cancel the licences as per list attached as well as other import licences issued in favour of the late Maharajkumari P. C. Yuthok.

Particulars 0/ some of the licences issued to the late Maharajkumari P. C- Yuthok.

               Licence No.  & date                         Value        Description  of  goods
                                                           Rs.
 I.  P/E/0151820,  dt.  17-9-6$  .                          9,500   Magnetic tapes
 2.   P/E/0151821, dt.  17-9-68       .   .    ..         29,296   Water & Oil colours.
  3   P/E/OI5I822J  dt.  17-9-68  .                       40,000   Artist brushes.
 4.   P/E/0151823,  dt.  19-10-68     .    .    ..        20,000   Photographic  instruments.
  5-  P/E'0151824,  dt.  19-10-68                         40,000   Photographic negatives & printing
                                                                      paper.
  6.  P/E/0151825,  dt.  19-10-68                           5,000  Slide rales.
  7.  P/E/0151826,  dt.  19-10-68                         10,000   Magnetic tapes.
  8.  P/E/0151827,  dl.  19-10-68                         10,000   Thin walled bearings.
  9-  F/E/0151828, dt.  19-10-6S                          10,000   Clutch Assembly.
 1 0. P/E/0151829,  dt.  19-10-68                          2,000   Shock Absorbers.
1 1. P/E/0151830,  dt.  19-10-68                          15,000   Instruments,  Apparatus  &  appli-
                                                                      ances  & parts  thereof.
1 2.  P/E/0151831, dt.  19-10-68                          31,000   Scientific & Medical instruments.
13.   P/E/OI5I332J  dt.  19-10-68                         10,000   Testing & Checking Instruments.
11-   P / E / o i 5 i 8 j 3,  dt.  19-10-68                5,000   Arsenic Disulphide.
 15-  P/E/0151834,  dt.  19-10-68                          2,000   Electric Horns.
16.   P / E ' o i 5 i 8 3 5 , d t.  19-10-68              24,965   Laboratory &  Reagent Chemicals.
 17.  P/E/01518T2, dt.  24-6-68                           13,500   Cinema  Machinery & parts there-
                                                                       of.

                 Licence  No. &  date                                       Value           Description  of good*
                                                                              Rs.
 iS.    P / E / 0 1 5 1 8 H, d t. 2 4 - 6 - 68 ,                           13,500     Cinema Machinery & pa  is there-
                                                                                         of.
 19.    P / E / 0 1 5 1 8 1 0, d t. 2 4 - 6 - 68 . .    ..                30,000      Water  & Oil colours.
 20.   P / E / 0 1 5 1 8 0 9, t i t.  2 4 - 6 - 68 . .  ..                30,003      Instrument apparatus & appliances
                                                                                        & parts  thereof  others.
 21.    P / E / 0 1 5 1 8 0 8, d t> 2 4 - 6 - 68 . .    ..                50,000     Laboratory  &  Reagent              chemi-
                                                                                         cals.
 22.   P / E / 0 1 5 1 8 0 6, d t. 2 4 - 6 - 68 . .    ..                 i 0,000    .Nickel formatt.
 33.    P / E / 0 1 5 1 8 0 7, d t. 2 4 - 6 - 68 . .   ..                 ).0,O00    Slide rules.
24.    P / E / 0 1 5 ^ 5, d r. 3 4 - 6 - 68 .                            50,003     Photographic  negarives & printing
                                                                                        pap  .'Hi.
25-    P / E / 0 1 5 1 8 0 4, d\ 2 l - 5 - 6 8_ . .    ..                50,00?     ino'ozraphic  Instrument
3(5.   P / E / 0 1 5 1 8 0 2, i t. 3 4 - 6 - 68 . .     ..               33,000     Hearing aids batteries.
 27.   P / E / o i 5 i 8 o i, J t. 2 4 - 6 - 5H . .     ..               33,000      Hearing aid  & parts  thereof.
28.    P / E / 0 1 5 1 7 9 9, d t. 2 4 - 6 - 68 . .     ..               23,720     Brandy and  Whisky
 29.   P / E / o i 5 i 8 o o3 d t. 3 4 - 6 - 68 .                        23,719      Wines.
30.    P/E/Ji5i3i7jdt.  24-6-13            .                             50,000     Pno.ographic  instruments.
                                                                                    [No.    Sikkim/6/AM69/Adhoc]

T. M. B. NEDUNGADI, Jt. Chief Controller of Imports and Exports.

(Office of the Chief Controller of Imports and Exports)

ORDER

New Delhit the 15th September 1969

S.O. 3924.—M/s. Mitter Footwear Corporation, Calcutta were granted an import licence No. P/CG/20501S4/T/CR/27/H/27/CG. IV dated 4th June, 1968, for Rs. 63,269 (Rupees Sixty three thousand two hundred and sixty nine only). They have applied for the issue of duplicate Exchange Control/ Customs Purposes copies of the said licence on the ground that the original of both Exchange Con- trol and Customs Purposes copies have been lost/misplaced. It was utilised for Rs. nil and the balance available on it is full amount of Rs. 63,263. The licence was not registered at any Custom House.

2. In support of this contention, the applicant has filed an affidavit. I am accordingly satisfied that the original of both the Exchange Control and Customs Purposes copies of the said licence have been lost. Therefore, in exercise of the powers conferred under Sub-Clause 9(cc) of the Imports (Control) Order, 1955 dated 7th December, 1955, as amended, the said original Exchange Control and Customs Purposes copies of licence No. P/CG/2O50154/T/CR/27/H/27/CG, IV, dated 4th June, 1968, issued to M/s. Mitter Footwear Corporation, Calcutta are hereby cancelled.

3. A duplicate Exchange Control Purposes copy as well as a Customs Purposes copy of the said licence are being issued separately to the licensee.

[No. 31(l)/68-69/CG. IV/737.]

H. D. GUPTA,

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

DEPARTMENT OF COMMUNICATIONS

(P. & T. Board)

New Delhi, the 18th September 1968

8.O. 8025.—In pursuance of para (a) of Section III of Rule 434 of Indian Tele- graph Rules, 1951 as Introduced by SO. No. 627, dated 8th March, 1960, the Director-General, Posts "nd Telegraphs, hereby specifies the 16th October, 1969 as the date on which the Measured Rate System will 1ae introduced in OLLUR AND ALAGAPPANAGAR Telephone Exchanges in the Trichur local area, Kerala Circle.

tNo. 5-44/89-PHB(6).]

H. K. SINGH,

Assistant Director-General (PHA)-

MINISTRY OF INDUSTRIAL DEVELOPMENT, INTERNAL TRADE AND

COMPANY AFFAIRS

(Department of Internal Trade)

New Delhi, the 21th September 1969

8.O. 3921.—The following amendments made to the Articles of Association by the AUeppey Oil Millers' and Merchants' Association, Alleppey, In exercise of the powers conferred on it by sub-section (1) of Section 9A of the Forward Contracts Regulation Act, 1952 (74 of 1952) and approved by the Central Government are hereby published as required by sub-section (2) of the said section, namely:—• In the Articles of Association,—

(a) in Article 8—

(I) for clause (a) the following clause shall be substituted, namely:—

"(a) There shall be separate panels of members In respect of each commodity In which trading is permitted by the Forward Markets Commission in respect of that commodity,".

(II) for clause (c) the following clause shall be substituted, namely:-—

"(c) For the time beinfi there shall be three panels known as Millers' Panel, Oil Exporters' Panel and Oil Dealers' Panel." (b) in Article 65, for clause (i) including the Note thereunder, the following shall be substituted, namely:—

"(I) Fifteen members elected at the Annual General Meeting from among the members of the Association as under:— Members elected from the Millers' Panel by the memibers of 5 that Panel- .

. . .. 5

Members elected from the Oil Exporters' Panel by the mem- bers of that Panel. . .. . 5 Members elected from the Oil Dealers' Panel by the mem- bers of that Panel. . .. . 5

[No. F. 13(4)-IT-FMC/69.]

P. SITARAMAN, Dy. Secy.

(Department of Industrial Development)

(Indian Standards Institution)

New Delhi, the iQth September 1969

1—In pursuance of sub-regulations (2) and (3) of regulation 3 of the Indian Standards 'Certification Marks) Regulations, 1955, t ne Indiart Standards Institution hereby he Indian 1 indard(s), particulars of which arc given in the Schedule hereto annexed ablished dui'o--the period 16 to 31 August, 1969 :

THE SCHEDULE

d Title of the Indian ndard Establishment

Brief Particulars

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

(2)

(4)

(3)

IS : 260-1950 Speci-

1 IS : 260-1969 Specification for aluminium sulphate, non- ferric (first revision).

fication for alumi-

nium sulphate, non

ferric

2 IS : 1060 (Part II1)-I969 Met- thods of sampling and test for paper and allied products, Part III.

3 IS : 14*8 _ P 155-1968 M-'.hol of test for copper strip corro- sion (first revision).

This standard prescribes the requirements and the methods of sampling and test for aluminium sulphate, non- ferric. (Price Rs. 5-00).

This standard prescribes methods of test for paper and board for special purposes not covered in IS : 1060 (Part I> 1966 and IS : 1060 (Part 11)- 1960 (PriccRs.4-00).

IS: 1448 (Part 1)1960 P: ij Method of test for copper strip corrosion

4 IS : 1913-1969 General and safely requirements for electric lighting fittings (first revision).

This mctho-1 has now been issued in loose-leaf form and the procedure for deter- mining the copper strip corrosion by the liquefied petroleum gases has been added. The method has been completctly rewritten (Price Rs. 3-00).

IS : 1913-1961 Gene- ral and safety re- quirenlcntb for cle- tric lighting fittings.

5 IS : 2032 (Part IXV1969 Gra- phical symbols used in electro- technology.

Part IX Electron lubes and valves (other than microwave tubes and valves).

This flandard specifies th c design and constructional re- quirements, marking and tests applicable to all the individual specifications on lighting fittings for indoor and outdoor purposes rated for a maidmum voltage or 250 V. (Price R,. 8 • 50)

This siandaid covers graphicjl symbols tor electron tubes and VBlves other than microwave tubes and valves. (Price Rs 5-50).

CD

(4)

(3)

6 IS : 2597 CPart IllVigSq Code of practice for use of electron valves.

Part III Transmitting and industrial valves.

IS : 2720 (Part XIV)-1968 7

Methods of test for soils.

Part XIV Determination of density index (relative density) , of cohesionless toils.

8 IS -.3972-1968 Methods of test for vitreous cnamclware.

IS : 4410 (Part W1968 Glossary 9

of terms relating to river valley pro) sets.

Part V Canals.

10 IS : 4410 (Part VIII)-i968 Glos- sary of terms relating to river- valley projects

Part Vill Dams and Dam sections.

II IS 14536 (Part II)-i969 Specifi- cation for composite bottom stainless steel cboking utensils.

Part 11 3-ply construction.

12 IS -.4573-1968 Code of practice for design of mobile cranes (all types).

13 IS -.4722-1968 Specification ior rotating electrical machines.

This standard covers recom- mendations for the use of high power thermionic valves for transmitting and indus- trial purposes. (Price Rs. 4'00).

This standard covers the labo- ratory method for the deter- mination of the density index (relative density) of cohesion- lcss free draining soils. Soils for which this method is applicable may contain up to 12 percent by weight of soil particles passing a 75-micron IS Sieve. (Price Rs. 6' 00).

This standard prescribes the methods of test for vitreous enamelware, namely, tests for resistance to acid, alkali and water; resistance to thermal shock; 45⁰, o°, directional re- flectance, +45% -45° specular gloss; adherence; resistance to torsion;resistance to abrasion ; and warpage. (Price Rs. 11 • 50 )

This glossary contains definitions of terms relating to canal system, types of canals, design of canals, cross-section of canals, longitudinal section of canali and canal lining (Price. Rs. 7-00).

This standard contains definitions of terms relating to types of dams, dam sections, galleries, shafts and tunnels, joints and grouting in dam. (Price Rs. 8-50).

This standard lays down tho requirements of 3-ply cons- truction composite bottom stainless steel cooking utensil namely, frying-pans and saacepans. (Price Rs. 2-00).

This standard covers power driven mobile cranes, cither wheel mounted or tracked, of eight types but does not included tail-mounted cranes. (Price Rs. 8-50).

This standard covers rotating electrical machines without distinction of out put and voltage but excluding :

(a) Traction equipment;

and

(b) Motors coverd by IS : 996-1964.

(Price Rs. 12-50;.

( I)

14 IS : 4890-1968 Methods for measurement of suspended sediment in open channels.

15 IS : 4906-1968 Code of safety for radiochemical laboratory.

16 IS : 4909-1968 Specification for card and giU pins for use in Jute industry.

IS : 4926-1968 Specification for 17

ioady'tnixed concrete.

18 IS 14935-1968 Specification for synthetic syrups.

19 IS : 4946-1968 Method for evaluation of strength and shade of napthol.

20 IS '.4966 (Part I I ) - I Q 69 Specifi- cation for gauges for serrations. Part II for gauging internal serra- tions.

21 IS 14972-1968 Specification for desistance Bpot-welding elec- trodes.

(4)

(3)

This standard covers the methods and techniques of measurement and the instru- ments used in the estimation of suspended sediment load in open channels, where the flow Is uni-direc- tional. This excludes the direct methods of measurement (for which special instrument are necessary) and they will be covered in a separate standard. (PriceRs. 7-00).

This code recommends measures- that should . be adopted to prevent harmful over-exposure to radiation in a radiochemi- cal laboratory handling smttl- amounts of radioactive materials during normal operations. It describes Im- portant characteristics of radioactive materials, nature of hazardsjdeslgn requirement & of laboratories and other essential information for protection against radiation (Price Rs. n-oo).

This standard prescribes the requirements of card and gill pins for use in the jutelnduBtry (Price Rs. 3-50).

This standard covers the requirements for supply of ready-mixed concrete. (Price Rs. 4'00).

This standard prescribes the requirements and the methods of sampling and test for synthetic syrups. (Price Rs. 3-50).

This standard prescribes the method for determination, of strength of naphthols listed in Table 1 by dying test. (Price Rs. 4'00).

This standard covers the main dimensions for GO and

NOT GO gauges for internal serrations according to IS -.3654-1966 (Price Rs.3- 50)

This standard lays down the code numberb (in metric units) dimensional requirements, and physical and mechanical properties for a scries of spot-welding electrodes, cap electrodes and shanks, mainly intended for resistance spot welding of ferrous and non-ferrous metals.

)

(2)

(4)

(3)

This standard has been prepared in two sections. Section 1 covers standard ISO tapers and section 2 more tapers. (Price Rs. 8-50).

25 > IS : 4995-1968 Criteria for

design of reirtforccd concrete bins (silos) for bulk food grain storage.

This standard deals with the general design criteria for the design of reinforced con- crete bins used for bulk storage of grain. (Price Rs. 6 • 00).

^3 1 IS : 5032-1969 Recommended sizes of cupola furnace for

foundry.

, IS 15038-1969 Specification for

_z4

ice clube trays for domestic refrigerators.

This standard covers the re- commended sizes of cold- blast cupolas for use in foundries. (Price Rs. 2.00). This standard specifies the essential dimensions of ice cube trays complete with grids for domestic refrige- rators. (Price Rs. 2.00).

15:5045-1969 Specification for

-•35

metanlllc acid, technical-

This standard prescribes the requirements and themethods of sampling and test for metanilic acid, technical- (Price Rfl. 4-00).

.-36

1 IS : 50JO-1968 Code of practice for designj 'construction and maintenance of relief wells.

This standard covers design) construction, observation and maintenance of relief well* provided for earth dams resting on previous sojl foundations. The principles however, may also be applied to other structures (such as spillway aprons, head regulators and other appurtenant structurcs)involv- ing pervious foundations, where uplift pressures arc likely to develop. (Price Rs. 8-oo).

-27

'IS : 5051 CPartD-1969 Specifi- cation for non-sealed electro- magnetic relays for electronic and telecommunication equip- ment.

Parti General [requirements and

tests.

This standard covers the general requirements and methods of tests for judging [he mechanical, electrical and climatic properties of non- sealed electromagnetic relays normally intended for use in electronic and telecommuni- cation equipment. (Price Rs. 6-50).

IS : 5054 (Part IJ-T969 Specifi-

^8

cation lor raiio frequency connec- torB.

Part I General requirements and

tests.

This standard covers connectors for radio frequency trans- misiionlincs and cables- for use with electronic equipment (Price Rs. 8-50).

W

IS : 5055-1969 Specification for 29

lecithin, food grade

30 IS : 5069-1969 Glossary of terms re ating to methods of mechani- cal testing of metals

IS : 5073-1969 Method for 31

verification of rockwell super- ficial ( N and T scales) hardness testing machines

32 IS : 5074-1969 Method of axial load fatigue testing of steel

33 IS : 5079-1969 Specification for rubber valve-tubing for cycle tube valves

IS : 5080-1969 Specification for 34

brushes, nail-cleaning

35 IS : joSi-1969 Specification tor glass tubes for fluorescent lamps.

36 IS : 5088 (Part IV1969 Specifi- v cation for textiles for ammuni-

tion

Part I Fabrics used in the manu- facture of propellant charges and other purpoaes

37 IS -.5088 (Part ID-1969 Specifica- tion for textiles for ammunition

Part 11 Cotton drill, olive green proofed, used in the manu- facture of bandoliers

(4)

(3)

This standard prescribes the requirements and the methods of sampling and test for lecithin for use as food additive. (Price Rs. 5-00)

This standard defines the various terms commonly used in the methods of mechanical testing. (Price Rs. 7 00)

This standard prescribes two methods for verification of testing machines for deter- mining rockwcll superficial hardness (N and T scales), namely,

{a) Direct verification, and (b) Indirect verification by means of standardized blocks. (Price Rs. 3^50)

This standard prescribes the method for axial load fatigue test on test pieces without any features involving stres s concentrations. (Price Rs.

4 00)

This standard prescribes the requirements, methods of sampling and test for rubber valve-tubing used on cycle tube valve. (Price Rs. 2-QO)

This standard prescribes the requirements and the methods of sampling and test for noil-cleaning brushes manu- factured from bristles. (Price Rs. 3-5°)

This standard prescribes the requirements and the methods of sampling and test for glass tubes for fluorescent lamps. (Price Rs. 2.50)

This standard prescribes physical and chemical particulars of three varieties of cotton fabrics used in ammunition. (Price Rs. 2-50)

This standard prescribes physical and chemical requirements of cotton drill, ohve green proofed, used for the manu- facture of bandoliers.

(Price Rs. 2 . 50)

( 2)

( I)

(4)

(3)

IS : 5098-1969 Specification for

38

••

cross-cut and np saws

This standard specifics the requirements for cross-cut and rip saws for hand us e. (PriceRs. 5.00)

IS : 5110-1969 Specification for

39

corncal loupe

This standard covers the general "nd functional requirements of the corneal loupe. (Price Rs. a.00)

40 IS : 5112-1969 General require- ments and testing of ac cargo winghes (for shipboard use)

This standard gives the genera requirements and specifies the jnethod of testing of electrically operated ac cargo winchesj fitted on board ships for safe working loads from 1 to 8 tonnes. (PriceRs. 5-00)

41 IS ;5H3-I969 General require- ments and testing of "c moor- ing winchcR (for shipyard use)

This standard gives the general requirements and specifies the method of testing of electrically operated mooring winches fitted on boardships for rated loads from 1 to 32 tonnes. (Price Rs. 4.00)

42 IS .'5114-1969 Specification for

reflcctorized designs for mines

This standard apples to the design, construction and manner of erection of rcflec- torized accident-prevention and guide signs for use in *nd about mines. (Price Rs- 5.$o)

43 IS : 5118-1969 Specification for constructional details of ventilation trunking for ship- board use

This standard gives the construc- tional details of trunkings used on board ships. (Price Rs. 6. op)

44 IS : 5 "9 (Part I)-1968 Code of practice for laying and fixing of sloped roof covering

This standard lays down requires ments regarding the methods of laying and fixing of slates for roofing purposes. (Price Part I Slating

Rs. 5.00)

IS ,-5121-1969 Safety code for

45

piling and other deep foundations

This standard! lays down j the safety requirements for piling and other deep founda- tions, (Price Rs. 4.00)

46 IS : 5125-1969 Method of test for rotary shaft oil seal units

This standard prescribes method of test for rotary shaft oil seals 30 as to determine their scaling quality, (Price Rs. 2.50)

IS ; 5128-1969 Specification for

47

avaram bark

This" standard prescribes the requirements and the methods of sampling and test for avaram bark intended for tanning, (Price R1, 5. 00)

48 IS : 5x30-1969 Specification for drums fitted to cargo Hnd mooring winches

This standard lays^down' the requirements for drums fitted to cargo and mooring (vinches. (Price Rs. a. 50)

X

(I)

(3) 1,4)

49 IS .-5133 (Part I)-i969 Specifi-

cation for boxes for enclosure of electrical accessories

Part I Stcd and cast iron boxes

T h is standard specifics require- ments for boxes m a de of steel or caEt iron intended to contain one or more e'ectri- cal accessories and to be recessed into a wall or ceiling or similar flat surfaced structure. Such boxes m ay also be suitable for surface m o u n t i n g. "(Price R s, 4 . 0 0)

50 IS : 5134-1969 Specification for bitumen impregnated [ paper and board

This sttnceia prescribes the requirements and the methods of sampling and test for bitumen impregnated paper intended for use as a packag- ing material. (PriceRs. 2. 50)

Si IS -.5135-1969 Specification for h a nd rotary duster, bclly- tnounted types

This standard prescribes the requirements and the methods of testing the perfcim&i <.e oi hand rotary duster, 1-cllv- rnountcd tjpc, useu for dusting pesticides in powder form on agricultural crops and in warehouses. (Price Rs. 5-0°)

IS : 5136-1969 Specification foi

52

brass serving utensils

This standard lojt. down the requirement¹; f for service , trays (rectangular, oval and r0UDd)j entree dishes (oval and round) and jugs. (Price Rs. 3.50)

IS ; 5137-1969 Specification for

53

cement grouting hose of r u b b er with woven textile reinforccmen

This standard prescribes the requirements, methods of sampling nnd test for cement grouting hose of rubber with woven textile reinforcement and built on mandrels. The hoses are designed for working pressures up to 10.0 kgf/cm*. (Price Rs. 2. 50)

IS 15140-1969 Specification for

54

auri scope

55 TS : 5141-1969 Specification for wooden cones for winding yarn

This standard covers the genera' functional requirements of auriscopc. (Puce Rs, 2. 50) This standard prescribes re- quirements for and method of sampling of wooden cones for winaing yarn (crotswound) This standard covers cores having the folio-wing nnglcs;

a) 3 30'. b) 4° 20', and

, c) 5° 57'- (Price Rs. 2. 50)

IS 15145-1969 Specification for

56

walking sticks

This standard covers the re- quirtmcntc pertaining 10 material, bhupe, dimensions, workmanship, finish and per- formance of walking sticks (wooden, cane and aluminium)- (Price Rs. 2. 50)

IS : 5146-1969 Specification fot

57

sounding sextant

Ihis standard covers the re- quirements of Q sounding sextant. (Price Rfi. 2,50)

( I)

(4)

(3)

0)

IS :5i47-i969 Specification for

examination lamp with bull's eye condenser (floor model)

This standard covers the general and functional requirements of examination lamp with bull's eye condenser. (Price R?.2, 50)

59 IS 15148-1969 Specification for hand magnifiers (drcu]ar>50,

75 and 100 mm

This standard covers the re- quirements "/ circular hand magnifiers having magnification of 2 X or 3 X and with clear aperture of 50, 75 and 100 mm, used for general purposes. (Price Rs. 2.00)

Copies of these Indian Standards are^vailable for sale with the Indian Standards Institution, Manak Bhavan, 9 Bahadur Shall Zafar Mare, New Delhi-1 and also its branch office at i) 534 Sardar Vallabhbhal Patel Road, Bombay-7 il) 5, Chowringhee Approach Road, Calcutta-13 lii) 54 General Patters Road, Madras-2 iv) 117/418 B, Sarvodaya Nagar, Kanpur unJ v) 5-9-201/2, Ctiirag Ali I.ane, Hyderahad-i.

[No. CMD/T3 : 2]

New Delhi, the 15th September 1969

S, O 393-—In pursuance of sub-regulation (1) of Regulation K of ihc Indian Standards Insdrution fCertifuction Marks), Regulations, 1955, as amended from rime to time, ihc Indian Standards institution hereby notifies that twentythree licences, particulars of which are given in the following Schedule, have been granted authorizing the licensees to use the Standard Marks:

THE SCHEDULE

Article/Process co- Period of Validity Name and Address of the Licensee

From

To

SI No.

Licence No. (CM/L)

vered bj- the Licence and the Relevant TS: Designation

1

2

6 3

4

5

BHC dust ng 1

16-8-1969 15-12-1969

CM / L - 2 0^ 8-8-T969

powders— IS:;6i—1962

M/s Keen Pesticides (Private) LLd., Indus- trial Hstale, Mudical P.O., (Via) Pcmmbavoor, Kerala havmg their office at Tower House, M.G. Road, Ernakulam.

DDT dusting •

16-S-1969 15-12-1969

D o.

CM/L-2044 H-8-1969

powders—• IS .564-1961

BHC wa'er 1-9-1969 31-7-1970

3 CM/L-2045 12-8-1969

disperfliblc powder concertraleF—• IS:562-ig62

15-8-1970

KS-S-1969

4 CM/L-2046 18-8-1069

Compounded ice for cattle- IS .2052-19 68

M/s Plava Chemicals, 3-C Nelson Manlcka Mudaliar Road, Aminjikarai, Madras-29 M/s Hulkoti Co-opera- tive Cattle Feed Pro- cessing Socity Ltd., Hulkoti Taluka, Gadang District, Dharwar (Mya01c State).

15-8-1970

16-8-1969

5 CM/L-2047 18-8-1969

BHCdusnng powders— 18:561-1962

M/s Deepak Pulverisers, Kolshet Road, Thana, Maharashtra State.

Endr^n emulsiflable 6

15-8-1970

Do.

16-8-1969

CM/L-2048 18-8-1969

concentrates— IS:l3io-i9<;8

1-9-1969 31-8-1970

Ordinaiy Portland CM,L-20 4 J8-8-1969

cement— IS:269~i958

M/s Kesoram Cement Prop: Kesoram Indus- tries & Cotton Mills Ltd), Basantnagar, P.B. No. 6, P.O. Puddapalli, Distt Karimnagar, Andhra Pradesh.

M/s Mysore Iron & Steel

8

15-8-1970

16-8-1969

CM/L-2050 18-8-1969

Carbon steel bars i't'r lbrgingF^ 15:4369-1967

Ltd., Bhadravati Mysore Stale, Southern Railway.

15-8-1970 M/s Punjab Dairy De-

16-8-1969

9 CM/L-2051 14-8-1969

Milk powdtr (whole)— IS:i165-1967

velopment Corporation Ltd., 1560, Sector 18-D, Chandigarh, Factory at Verka Under the Style of Milk Flam.

10

i5¹-8-i97O

16-8-1969

Pouluy feeds— IS:i374-i968 CM/L-2052 18-8-1969

M/s HulkoU Co-operative Cattle Feed Proces- sing Society Ltd., Hulkoti Taluka, Gadang Distt. Dharwar, (Mysore State).

11

31-8-1970

1-9-1969

CM/L-2053 20-8-1969

Gum spirit of turpentine, grade 2—IS:533-t954

M/s Jammu Rosin & Turpentine Factory, P.O. Miransahib, Jammu Tawi.

12

31-8-1970

1-9-1969

CM/L-2054 21-8-1969

Structural siecl (standaid quality)— IS 1226-1962

M/s Armi Steel Indus- trieB, 1, Oil Installation Road, Calcutta-43.

1-9-1969 31-8-1970

Do.

13 CM/L-205S 21-8-1969

Structural steel (ordinary qualily)— IS 11977-1962

BHC cmulsifiabled 1-9-1969 31-8-1970

H CM/L-2056 25-8-1969

concentrates— IS 1632-1966

M/s Standard Mineral Products Pvt. Ltd., Subhas Nagar, Jogesh- wari (East), Bombay-60.

Aldrin emulsifitblc

31-8-1970

D o.

1-9-1969

15 CM/L-2057 25-8-1969

concentrates— !S;i3O7-i958

31-8-1970

16

1-9-1969

CM/L-2Oi8 26-8-1969

Mis Easiern Electrical Compnay (P) Ltd., 26/22, Aerodrome Road, Singanallur Post, Coim "torc5 (Tamil Nadu).

Three-phase induc- tion motors, 3-7 KW (5 HP), 400/440 V, with class 'A insulation— IS-.325-1961

1-9-1969 31-8-1970 M/s Punjab Steel Rolling : Hot rolled mild

17 CM/L-2059 26-8-1969

Mills, Old Station Road, Baroda-5.

steel medium tensile steel and high yield Strength steel deformed bars for concrete reinforcement— IS:ii39-i966

18

31-8-1970

Aldrin emulsifiable 1-9-1969

CM/L-2060 28-8-1969

conccntrate^—• 18:1307-1958

M/B AU India Medical Corporation, Mulji Jetha Building, 185, Princess Street, Bombay-2.*]

1-9-1969

19 <

31-8-197O

Do.

Aldrin dusting CM/L-2061 28-8-1969

powders— 18:1308-1958

1-9-1969 31-8-1970

CM/L-2062 29-8-1969

Structural steel (Standard quality)— IS 1226-1962

M/s Indo Japan Steels Limited, 5, G.T. Road, Belur, Howrah Disit. having their office at 11 Government Place (East), Calcutta-i.

31-B-197O

M/s. Indo Japan Steels

21

1-9-1969

CM/L-2063 29-8-1969

Structural steel (ordinary quality)— IS:i977-I962

Limited, 5, G.T. Road, Bclur, Howrah Distt. having their office at 11 Government Place (Easr), Calcutta-i.

22

16-9-1969 j" 15-9-197°

CM/L-2064 28-8-1969

1800-1/mm trailer pump for fire brigade use— IS:944-I966

M/s D.G.L . Private Ltd. 19-A, Najafgarh Road, New Delhi having their Regd. Office at 14-M Block, Connaught Circus, New Delhi.

(31-8-1970

Ready mixed paints—

1-9-1969

23 CM'L-2065 29-8-1969

IS 1103-1962, IS:iO4-i962, ISHO6-1962, IS:i23-i962, IS:il88-i95 7 and 18:2074-1962

M/s Kohlnoor Paint Colour & Varnish Works, Chheharta, Amritsar having their Office at 13 R.B. Rattan Chand Road, The Mall, Amritsar.

[No. CMD/I3:il]

S-O 3931.—In pursuance of sub-rule (1) of rule 4 of the Indian Standards Institution (Cittifica'ion Mirks]) Rules, 1955 the Indian Standards Institution hereby noiifies that the Staidird M irk. dcjiiji of which together with the verbal description of the design and the title •of the relevant I idian Standard is given in the Schedule hereto annexed, has been specified.

Tais Standard Mark for the purpose of the Indian Standards Institution (Certification Marks) AcU 1952 and the Rules and Regulations framed thereunder, shall come into force with effect from 16 LSeptembcr 1969:

THE SCHEDULE

Product/Class of Product

SI Design of No. the

No. and Title of the Relevant Indian Standard

Verbal description of the de3ign of the Standard Mark

Standard Mirk

1 2

3

5

4

Asbestos cement

1 ISH626

18:1626-1960 Specifi- '

cation for asbestos

building p pes, gutter and tittings

cement building pipes, gutters and fittings (spigot and socket •types)

The monogram of the Indian Standards Institution, con- sisting of letters '1ST, drawn in the exact style and relative proportions ag indicated in Col. (2), the number desig- nation of the Indian Stan- dard being superscribed on the top side of the mono- gram as indicated in the design.

[No- CMD/13.-9]

S-O. 393a.—In pursuance of sub-regulation (3) of regulation 7 of the IndlaT Standards-

Institution (Certification Marks) Regulations, 1955, the Indian Standards Institution hereby notifies that the marking fee per unit for asbestos Cement quilding pipes, gutters and fittings, details of which are given in

I he Schedule hereto annexed, has been determined and the fee shall come into force with "ffect ftom 16 September 1969:

THE SottEtiULB

No. and Title of Relevant

Marking- Product/Class of Products

Unit

Indian Standard

SI. No.

Fee per Unit

2

1

3

4

5

Rs. io-oo Asbestos cement building pipes , 1^:1626-1960 Specification One tonne

guttetsand fittings.

f&r' asbestos cement bull-" ding pipes, gutters and fittings (spigot and socket types)

[No. CMD/i3:io]

New Delhi, the 16th September 1969

S.O. 3933.—In partial modification of the then Ministry of Industry and Supply (Indian Standards Institution) notification No. S.O' 59, dated 17th December, 1965, published in the Gazette of India, Part II, Section 3, Sub-section (ii) dated 1st January, 1966, the Indian Standards Institution hereby notifies that sub-item (ill) under Col. (3) of SL No. 1 of the schedule thereof shall be substituted by tbe> following matter :

(tli) IS:3975-1967, Specification for mild steel wires, strips and tapes tot?

"armouring cables.

2. This notification shall come into force with effect from 1 August, 1969.

S.O. 3934.—In pursuance of sub-rule (2) of rule 4 of the Indian Standards In- stitution (Centlflcatlon Marks) Rules, 1955, as amended from time to time, it Is hereby, notified that the Standard Mark for galvanized steel wires and tapes for armoured cables, relating to IS:1554 (Part I)-1061, Specification for PVC insulated (heavy duty) electric cables: Part I for working voltages up to and including 1 100 volts [subsequentily revised as IS:1554 (Part D-1964], detals of which were published in the Gazette of India, Part II, Section 3(ii) dated 1 January, 1956 under number S.O. 57, dated 17 Decemlber 1965, has been rescinded with effect from 1 August, 1969.

[No. CMD/13:9.]

New Delhi, the 18th September 1969

S.O. 3935.—In pursuance of sut-regulation (4) of regulation 14 of the Incirr Siart'pu f Insti- tution (Certification Marks) Regulations, 1955, as amended from time to time, the Indian Stan- dards Institution hereby notifies that licence No. CM/L-585, particulars of which are given below, has been candceiled with effect from 16 October 1569.

Name & Address of the Licensee

Licence No.

Relevant Iqdian Standard

Articles/Process covered by the License

IS;;64-i£6i

T DT dusting powders

CM/L-585 24-9-1963

M/s Annapurna Pulverising Mills, In- dustrial Estate, Eluru (W.G. Distt), Andhra Pradesh.

[No. CMD/55:585]

S-O. 393*.—In pursuance of Bub-regulation (4) of regulation 14 of the Indian Standards Insti-

tution (Certification MarjTs) Regulations, 1955, w amended frenj tiijie to time, the Indian

Standards- Institution hereby notifies that consequent upon the change in the management of

the firm, the Licences No. CM/L-1346, CM/L1342, CM/L-1348, CM/L-I349, CM/L-1401,

CM/L-1406 and CM/L-1859, particulars of which are given belcw will stand cancelled with

effect from 1st October i960 from which date new licences corresponding to these Items have

been granted in the name of the firm.

Name and Address of Licensee

Article/Prcccss

covered by the

Licence No,

Relevant

Indian

Standard

Licence

EHC water dispetsl-

IS -562-1662

CM/L-1346

14-10-1966

ble powder

concentrates.

M/s Industrial MSncralt & Chemical ]

Company, Kurla Marol Road,

Chakala, Andheri, Bombay-58

having their office at 125 Narayan]

Dhuru, Nagdevi,Bombay-3.

18:565-1961

DDT water dispcr-

Do.

CM/L-1347

14-10-1966

"ible powder

concentrates.

Do.

Endrin emulsifiablc

IS:i3ic-i958

CM/L-1348

14-10-1966

concentrates

Do.

IS 12567-1563

Malathion

CM/L-134S

14-10-1966

IS 1562-1562

Do.

unujsiflable

concentrates

BHC dusting

powders

Do.

IS:i3c7-i958

CM/L-T401

38-2-1967

CM/L-I4O6

Aldrln emulsiflable

concentrates.

i3-3-i"67 -

Do.

BHC emujsifiable

IS .632-1966

CM/L-1859

11-13-1968

concentrates

[No. CMD/55.1346]

S.0.3"7-—The Certificatioa Marks Licences, detaib of whkh are given in thefoflawing Schedule,have lapsedor their renewals deferred;

" *

.

Samxnz

3

(

1 1

)

1

Licensee's Name and Address.

Remade Licence No. and Date

Artkie/ProcessandthcRelevantlS: No. S.O.Nnmher Serial No.

T H

f f

and date of the Gazette t Notifying Grani

of Licence

CD

(3)

(4)

CO

(5)

G A Z E T T E

I

Abrol Engg. Co., Circular Road, Kapurthala

Deferred after 31-7-1969.

CM/L-374 11-1-1962

O F

Metal clad switches 15 amps, 250 volts with S.O. lofadt. HC and MEM type fuse bases and 7-4-1962 carriers—IS: 4064-1967

I

2

Tea-chest metal fittings—IS: 10-1964. S.O. 695 dt.

N D

I CM/L-506 13-2-1963

23-3-1963

A The Great Indian Plywood Manufacturing Co., 76, Jessore Road, Dum Dum, Cal- cutta-28.

:

It was deferred after 28-2-1969 and has now to be treated as lapsed after that^ite.

BHCemulsifiableconcentrates—IS: 662- S.O. 2036 dt.

3

Bharat Pulverising Mills Pvt. Ltd.,38-A

1966

20-7-1963

Deferred after 15-7-1969- Sayani Road, Bombay-28.

CM/L-5S2 25-6-1963

S.O. 2173 dt.

Optimohar Industries Pvt Ltd., Harichand

4

oil 20-6-1964

Deferred after 15-7-196?.

CO Oil pressure stoves, type Ai B2 B3 (tO Roarer and silencer type burners foi

CM/L-679 29-5-1964

pressure stoves—IS: 1342-1964.

Textile Mill's Compound, Vikbroti, Bom- bay-79-

226- S.O. 2590 dt.

Structural steel (standard quality)—IS:

Rama RoUing Mills, 156, Mankkotola Main

5

1-8-1964

CM/L-706 29-6-1964

1962.

Road, Calcutta-

1977- Do.

6

Structural steel (ordinary quality)—IS:

Do.

Deferred after 3l-7-r969- Deferr-d after 31-7-1969.

1962

Deferred after

226- Do.

Structural steel (standard quality)—IS:

Sun Rolling Mitts Prt- Ltd., 8, Bidhan Sara-

7

31-7-1969

1962.

nee, Calcutta.

1977- Do.

8

Structural steel (ordinary quality)—IS:

Do.

CM/L-707

29-6-1964

CM/L-708

29-6-1964

CM/L-709

29-6-104

1962.

: 1054 S.O. 3487 dt.

Dieldrin emubifiable concentrates—IS

Croplife Chontcab (P) Ltd., 32, Fortsbore

9

3-10-1964

CM/L-743 21-7-1964

1962

DeferrecUftcr 31.-7-1969- Lapsed after IS-8--I9S9- Road, Sibpore, Howrah having their Office at Soototan SUeet, Cakutta-13.

S E F T E M B E ^ T ^ ^ ^ ^ ^ J *

4

i

#

( I)

( 2)

{{^{{FOOTNOTE (6)}}}}

(4)

(5)

r

' ;T r p

m

iq

c

Deferred after 15-8-1969.

CS^L-745 24-7-1964

Jiot applied sealing compounds^ grade 'B' Oetfuel'iesistance)—IS: 1834-1961.

S.O. 3487 dt. 3-10-1964

M Lloyd Bitumen Produces Pvt. Ltd., 1 Tara- tda Road, Calcutta-53 having their Office ait 4 Ajtoyd Street, Cafcutta-16,

z f i

if

HJndosthan Twyfoids Lt&,Bahadurgarh,

CM/L-753<

W

Distt Rohtak (Haryana) n

S.O. 3553 dt 10-10-1964

Deferred after 15-S-1969.

Flushing cisterns For water closets and urinals valveless siphonic type, vitreous china— IS: 774-1964-

E ^ o p Hindustfcao-Twyfbrds Ltd., Bahadurgarh,

12

I Dfett., Rbhtak (Haryajia)

S.O. 3555 dt. 10-10-1964

Vflreous sanitary appliances (vitreous china)- 1 (1) SquattLg pans, lon& pan pattern; size

Deferred after I5-8-I969- CM/L-7?* ^ 1 9 6 4 -.

450 mm, 630 S M, 580 mm and 680 mm

(2) Squatting pans, orissa pattern; sizes

N D U

*

;

s a

¹ 630x450111111,580 x 440 mm; (3) Wash-basins, flat back, sizes 5 50 X440 mm, 450 x 300 mm, 630 x 450 mm;

i

*

(4) Sinks, laboratory, size 400 x 250 x 150

mm;

M B S

i i

(5) Urinals(bowlsflatback); (6) Wash-down water closets; and (7) Pedestals for wash basins—IS: 2556-

a f t

1967.

T

t f \ - Taj Iroa& Steel WotfesPvt. Ltd., TajManzil Structural steel (standard quality)—IS: 226- Da 13

247, Msukaa Azad Road, Bombay. 1963

CM/L-77* 3*8-1964

m

v

m m

i

Do.

Do.

Structural steel (ordinary quality) — I S: 1977-

&

1962

^ 24-8-19*64

f r

i

m

Dharjoat jMall Jawa'aDass Feed Mills, 33, Balanced feed mixtures for cattle-rrl§: 2052-

1962

S.O. 1406 dt. 1-5-1965 CJtf/L-K?^ ' 29-3-1965

p a

t Naiafgarfa Industrial Area, New Delhi-15 (Factory uaderttie style pfNandi Proveji- der MiDs).

i t

"

Arc welding transofonners, single operator

S E C 1 CM/L-m3

.

1966.

Electrical Machine Indiistries Pvt Ltd., 187 Netaji Siibhas Chandra Bose Road, Cal- cntta-40 having their office at 61/30 Moor< Avenue, Cakutta-40.

i ) ]

•>- Da

Structural steel (standard quality)—IS: 22t

Deferred after 15-8-1969.

1962

C M / L - m8 28-7-1965

Maiawa RamHanda& Sons, G. T. Road, Phagrwara, Distt. Kapurthala (Punjab).

T H E

Structural steel (ordinary quality), tested Do.

Do;

Deferred after 15-8-1969.

C M / L - i ns 2^7-1965.

steel sections of the following sizes only: (a) Rods and squares 6 mm to 40 mm

(1/4 inch to 1-5/8 inch.)

(b) Flat—width 12-5 mm to ICO mm

G A Z E T T E

(1/2 inch to 4 inches) thickness r 5 mm X 25 mm (1/16 inch X1 inch).

< 5 F

(c) Angles—25 mm X 25 mm X 3 mm

I

N D

I

(i inch X i inch X 1/8 inch) 50 mm X 50mmX 6 mm, (2inchX2incb.es X 1/4 inch).

A

:

(d) Gate channels, hexagonal bars up to 25 mm (1 inch)—IS: 1977-1962,

The Bharat Carbon. & Ribbon Mfg. Co. Ltd.

S.O. 525 dau 19-2-1966

;d Deferred after 15-7-1969. 10-1-1966

Ink, duplicating, an weather, black, for rotary r- typemahines—IS:i2Z2—1957.

543 Basant Lal Sana Road, Calcutta-53 ha? ing their Office at N-75 Elombay Iafe Bldg. Connaught Circus, New Delhi.

S E P T E M B E R

Deferred after Prakash Metal IndastrieSj Chhachradli Gate, Rolledbrassplastic,sheet,stripand foil,

20

Jagadhri fHaryana).

gradeBs.63—18:410-1967."

£ 7

.

Power Cabks Pvt.Lt.,Vithalwadi, Kalyan Galvanizediron&steelwirefor telegraph and

21

S.O. 525 dt. 19^2-1966 S.O.2248dt. 30-7-1966

(Maharashtra).

telephone purposes—IS: 279-1961.

4 P 6 P

31-7-1969 Lapsed after 15-7-1969. Deferred after

Coveredelectiodesformetalarcweiding of Do.

/ 22"

mildsteelofnonnalpenetration type—IS:

CM/L-1195 10-1-1966 CM/L-12S6 28-6-1966 CM/i>r294 30-6-1966

i5-7-r969-

814-1967.

Welding Electrodes and Metallic Alloys Ltd., PlotNo.-fKalwalndustrialAiea, Thaqa- Belapur Road, Distt. Thana (Maharashtra)

A S Y

I

Eldee Wire RopssPvt. Ltd., Lekhraj Dsvraj Steel wire ropes for haulage purposes in mines

23

Lapsed after 31-7-1969.

S.O. 2600dt. ?7-8-i966

N A CM/L-1299 22-7-1966

IS: 1856—1961.

h Indu3trialEstate,SaikiNaka,Kurla Vihar Road, Bombay-70 haviDg their Office at 3, Broach Street, mombay-9.

W

Do.

Malathion emulsifable concentrater—IS:

l 24

Deferred afiei 15-8-1969.

CM/L-F309 29-7-1966

2567-1963.

Plant Protection ProdutsfPvt.) Ltd.,Kodav- lur (S. Rly), Nellore Distt. having their Office at 4/90 A, Nawabpet,Nellore-2(A.P.)

4 2 4 7

( I)

(3)

(5)

(4)

CO

4 1 4 8 1 " K

. If Vni dtfcrnd

Pouliri fees,grew tp,liyirt tidslfitiri—

S.O. ?it(c'iitd

Foods,Fats&FertilizersLtd.,TanakuRoBd, ]

5-11-1966.

CM/L-1336

29-9-1966

Tadepalligerdem,WestGodavriDistt.(A.P.) IS : 1374—1968,

after 31-3-1968

and TTJE to be

G A Z E T T E

treated as lapsed

after that date.

26

O F

Fool brlk-Tolkj tails, taskeibaDs& water

I

poloballs-rS: 417-1965.

S.O. 3923 d!.

24-12-1966

CM/L-I354

30-11-1966

Lapsed after

31-7-1969.

Bengal Sports Goods Industries Co-operative

SocietyLtd.345B.T.Road3 Bangalore,

Cakutta-50.

N D

I

Shuttle cocks— IS: 415—1963.

Bengal Sports Goods Indnstries Co-operative

27

A

!

S.O. 3923 dt.

24-12-1966

Lapsed af er

31-7-1969.

CM/L-I355

30-11-1966

28

Lead sheet for use in chemical industry— S

IS: 405-1961.

Society Ltd.s45B.T. Road, Bangattore,

Cakurta-50.

UdyoginMetallndnstries,6,Sewree Cross

Road, Bombay-15.

.O. 265Odu

5-8-1967

Volley-balls(lacekss;—IS: 417-1965.

Western Corporation, S-26 Industrial TOWD

29

CM/L-1460

16-6-1967

CM/L-1685

30-4-1966

S.O. 2117 d(.

15-6-1968,

JuQandm City.

S E P T E M B E R

2 7

,

Lapsed afier

30-6-1969-

I' -viif deferred

af er 30-4-1969

and has now TO

be treated as,

lapsed afier

that date.

Tea-chest battens—IS: ic-1964

Dtftntd after

3°

1 9 6 9

/

S.O. 2577dt.

20-7-1968.

3C-6-1969.

S .C ; i ;< t ' i.

Endrinemclsifiibleccrner ratr—IS: 1310

Parshotsm Singh Gambbir, W/2 Industrial

Area, Yamuna Nagar, Distt. Ambala.

ChambalVallery Chemicals, B-5 Industrial

A S V

14-9^1968

CM/L-1712

4-6-1968

CM/L-1732

2-7-1968.

Es ta te, Kota-1 (Rajasthan).

I958.

I

Mnfcnridlron&SteelWorks, Agra Road,

Ec.

y.

N A CM/L-I739 II-7-1968

Knrla, Bombay-70.

Hot relied mild steel and mediumiersik site]

deformed bars for'concrete reinforcement—

I f f f rc iiiT

I5-7-I969.

Lttftt? af tr

15-7-1969-

5

IS: 1139-1966-

.

Cold twisted steel bars for concrete reinforce- Do.

Po.

33 CM/L-1740 11-7-1968

Lrpwdaf er

15-7-1969-

1 8 9 1

ment up to 14 mm diameter or equivalent

sections—IS: 17S6-1966.

[

, StTUclurElsleelCstsr.c'sid qvslin\- IE: 216-

34

1962

S.C ?i.'cdi.

14-9^1968

Etfcn(<3 afier

15-7-1969.

CM/L-1741

12-7-1968.

P A R T SnrrendraIndttstries(Bombiy) Pvt. Ltd. PokhrstnRoad,Majrwada Village, Thana having their Office at 24, Bappda Street, Bombsy-9.

I I

Structural steel (ordinary qualityy~IS: 1977.

Do.

Do.

35

—

Deferred after

15-7-1969,

1903

CM/L-1742

I2-7-I968

Punjab Engkering& Foundry Carpn.3 G.T.

36

Do.

CM^L-1750

18-7-1968

Roadj Surauussi, Jullimdur.

Sand cast iron soilpipeSjSomni) 75 mm&

ioommsizesonlj—IS: 1729—1964.

S u e

I Siruai^dsieel(standard quality)—IS: 226-

Do.

37

3 <

GM/1^I753

23-7-1968

1962

Lapsed after 31-7-1969. Deferred aft ei 31-7-1969.

i i ) Ramchacdra Heerakll, 62, College Ghai Roic ShalanarCHowrsh),hsvingtheir Ofl&ceat 138, Canning Street, Cakutta-1,

J

Do.

Structural steel (ordinary quality)— IS: 1977

Do.

38

1962.

CM/L-I754

23-7-1968

RiveibarsforstruauralpurposesIS: 1148-

Do.

Rftmchandra Heeralalj62, Colkge Ghat Roadr

39

T H E

Shalimar, Howrah.

1964.

Deferred after 31-7-1969. Deferred afier 3I-7-I969.

40

Parkash&Co.,5/i7KirtiKagsr Industrial .

B lass ball valves (htorizortelphfligeT type) 15

Areaj Newl>elhi-15.

CMjL-1755

23-7-1968

CM/L-1767

19-8-1968

mrnsize—IS: 1703-1962.

S.O. 3677 dated

19-10-196&

Mild sueliubes and iubukiSjmed.on(ico

To.

CMA-I773

41

mm)—IS: 1239—1964.

Deferred after

31-8-1969.

Lapsed after

31-8-1969.

30-8-1968'

G A Z E T T E Jindal(India)Pvt.Ltd,j,4jDharamfolaRoacij P.O.BeUurmalhjDistt. Hownh having their Offie at 161-1 Mahatma Gandhi Road, Calcutta.

O F

I

Do.

Deferred after

42 CM/1^1780 30-8-1968

NistariniElectricCo.(P)Ltd048/i, G . T. 1

Road BaidyabatijDistt. Hooghly, W.Ben-

Motors with class 'A' insulatioOj 0-75 KW.

(i HP)oalyjsigfcphase—IS: 996-1964.

131-8-1969-

N D gal.

I

A

;

{No.CMD/33ra4]

A, K. GUPTA,

Dermty Director General.

S E P T E M B E R

2 7

,

1 9 6 9

/

A S V

I

N A

5

.

}

N

l

4 * 4 *

OFFICE OF THE COMMISSIONER OF INCOME-TAX, ORISSA, BHUBANESWA^,

Bhubaneswar, the Wth June, 196fl

S.O. S0S8.—With effect from 1st July, 1969 the existing charge of the Income- tax Officer, E-Ward, Cuttack, under the jurisdiction of the Inspecting Assistant Commissioner of Income-tax, Cuttacjfc Range, Cuttack shall be abolished.

[No. Adm.(I.T.)XIII-2/69.]

Bhubaneswar, the 21th June 1969

S.O. 3939.—With effect from 1st July, 1669, the existing charge of the Income- tax Officer, D-Ward, Sambalpur under the jurisdiction of the Inspecting Assistant Commissioner of Income-tax, Sambalpur Range, Sambalpur, shall be abolished.

LNo. Adm-(I.T.)XIII-5/69.]

ORDER UNDER SECTION 124(2) OF THE INCOMETAX ACT: 1961

Bhubaneswar, the 28th June, 1969

S. O. 3940.—Whereas by order No. Pilot-i/I.T. XIII-3/ dated 6-1-1968 under sub-section (1) of Section 124 of the Income-tax Act, 1961 all the functions of an Income-tax Officer in respect of persons assessed or assessable by the Income-rax Officers, Cuttack Circle, have been assigned concurrently to all Income-tax Officers of that Circle;

And, whereas it is proposed to allocate and distribute the work to be performed by each of the Income-tax Officers aforesaid under the Income-tax Act, 1961;

The Commissioner of Income-tax, Orissa, Bhubdncswar hereby directs that the Income- tax Officers mentioned in column 2 of the schedule below shall perform the functions men- tioned in column 3 thereof in respect of areas, persons, classes of persons, incomes, classes of incomes, cases or classes of cases mentined in the corresponding entry in column 4 of the 8"id Schedule

SCHEDULE

Functions to be

Designation of

Jurisdiction

performed

the officer

SI. No.

2

I

3

4

1

AHassessees of Cuttack Circle.

Incometax Officer, Administration, Cuttack.

General administration func- tions under sections 139, I4OA(3) & 141 of the Income-tax Act, 1961 and the functions of issue of notice of demand under section 156 in reBpcct of amounts which become payable as a result of orders under sections 140A (3) & 141 of the Income- tax Act, 1961.

Income-tax Officer

All assessees of Cuttack Circle.

2

Collection, Cuttack.

All the functions of an 1 Income-tax Officer men- tioned In sections 154, 155 and 156 & Collection and recovery of tax and issue of refunds & all functions under Chapter XVII [ex- cluding sections 199. 214 to 217 (both Inclusive) ft 219 of the Income-tax Act, 1961]

(i) All limited com:"tiieg having th^ir registered offices within the revenue district of Cuttack and Dhenkanal

All functions of an Income- tax Officer, other than those allocated to Incom;- tax Officers, Admns. and Collection.

4 Income-tax Officer, D-Ward, Cuttack.

(li) All directors and managing Agents of the comDanies referred , to at item (i) above.

(iii) All Co-operative Societies having the)r Registered Offices within the revenue district of Cuttack.

(iv) All persons or classes of persons residing in and/or having their principal place of business, profession or vocation within the revenue dis- trict of Cuttack whose latest completed assessment as on 30-6-69 has been made Oh a total income of RB. 75,000/- or above.

(v) AH persons carrying on busi- ness of shipping (inclusive of Tramp shipping in Port of Parfldeep) Doclra, Ship repairs shippers and charterers of ships and Cargo Boatu.

(vi) All persons or classes of persons residing in and/or having their principal place of business, profession or vocation within the revenue district of Cuttack who have not been hitherto assessed to tax and who have ' filed or file a return ' showing total income of Rs. 10,000/- and above.

All the functions on an Income-tax Officer other than those allocated to I.T.Os, C Election and Administration.

•5 Income-tax Officer, C-Ward, Cuttack.

(1) All persons or classes of persona residing in and/or having their principal place of business pro- fession or vocation within the revenue district of Cuttack whose latest completed assess- ment as on 30-6-69 has been completed on a total income of Rs. 20,000/- or above but below Rs. 75>°°°/--

All the functions of an Income-tax Officer other than those allocated to Income-tax Officers, Co- llection and Administration.

(i) All persons or classes of persons residing in and/or having their principal place of business profession or vocation within the revenue district of Cutteck whose latest completed assess- ment as on 30-6-69 has been made on a total income of Rs. 10,000/- or above but below Rs. 20,000,

Hi) All ersons or classes of persons residing in and/or having their principal place of business profession or vocation within the revenue district of Cuttack who have not been hither to assessed to tax and who have , filed or file a return showing total income less than Rs. 10,000/-

Income-tax Officer,^.,

D-Ward, Cuttack.

All the function* of an Income-tax Officer other than theme allocated to Inccme-tax Officers, Col- lection & Administration.

— — —— —*I (i) All persons deriving income under the head "salary' withjn the revenue district of Cuttack no portion of whose income falls to be assessed u/s 28 of the Income-tax Act, 1961 (43 of 1961) or u/s. 10 of the Indian Income-tax Act, 192a.

(ii) All persons or classes of persons residing in and/or having their principal place of business, profession or vocation within the revenue district of Cuttack whose latest completed assessment as on 30-6-69 has been made on a total income below Rs 10,000/-.

Provided that:—

IJ If an Incom;-tax Officer has jurisdiction over a firm he will also have jurisdiction over all the partners of the flrtn,

2. If a person is a partner in more than one firm falling under jurisdiction of different IriCOmc-tax Officers, the Income-tax officer whose designation appears first in the above table will have jurisdiction over his case.

3, The above officers will also have jurisdiction over such cases as are or may hereafter be assigned to them under see. 127 of the Income-tax Act, 1961 (No. 43 of 1961) and over such cases as assigned to them under section 5C7A) of the Indian Income-tax Act, 1922 (XI of 1922) respectively and that they will not hold jurisdiction over such cases as fall within the jurisdiction of the Income-tax Officers:—

1. Bhubaneswar Circle Bhubaneswar 2. InComc-.tax-cum-Estate Duty Circle, Bhubaneswar, and 3. Central Circle, Cuttack.

and also over such eaess which are/or may hereafter be specifically assigned to any other Income - tax Officer u/s. 5(7A) of the Indian Income-tax Act, 1922 (XI of 1922) or u/s. 127 of the Income-tax Act, 1961 (No. 43 of 1961).

This order shall come into force from 1-7-1969.

[No. Adm (LT.) XIN-2/69]

S.O. 3951.—In cxcrdseofthepowersconferiedbySub-section(i)of Section 124ofthelncome tax Act, 1961 (43 of 1961) and in supersession of all the previous orders on the subject, the Com- missioner of Income-tax, Orissa, Bhubancswar hereby directs that the Income-tax Officers men- tioned in Col. 2 of theschedule below, shall perform their functions in respect of such areas and/or suchpersons or classes of persons and/or such incomes or classes of incomes as are mentioned against their names in Col. 4 of the said schedule excluding cases allotted to any other Income-tax Officer by the orders of the Commissioner of Income-tax, Orissa, Bhubaneswar or by the Central Board of Direct Taxes, New Delhi under S ection 127 of the Income-tax Act, 1961 or under the corresponding provisions of the Indian Income-tax Act, 1922.

SCHEDULB

Headquarters

Jurisdiction District or circle

Designation of the ITO

2

1

4

3

1

Incoriie-tax Officer

1. Sajnbalpur

Sambalpur

(0 All limited companies having their registered office within the revenue district of Sambal- WardJ-A, Sambalpur.

Ciicte, Sambalpur.

pur.

(a)  Cuttack  Sub-Division
(b)  Jajpur  Sub-Division.
(c)  Jagat3ingpur  Sub-Division.               "
(d)  Athgarh  Sub-Division.                    It
(e)  Kendrapara   Sub-Division-                I)

10
                                    (a)  Mayurbhan)  Sub-Division.               1)
                                    (b)  Bamanghatl   Sub-Division               "
                                    (c)  Panchpir  Sub-Division.                "
                                     Cd)  Kcptipida  Sub-Division.               M

12                                          The  whole of
                                             (a)  Sundergarh  Sub-Division.                          >>
                                             (b)  Panposh  Sub-DivlBion.                            "
                                             (c)  Bonai  Sub-Division.                               {{^{{FOOTNOTE 1)}}}}

                                                                                                 Quantity
SL                                                                                               exempted
No,                                                                                              •under
                                                                                                 Rule 16.
  1       2                                            3                                           4
  1   Koraput      Rayagada     Rayagada     Tumbiguda                 Tumbiguda  Muta            60  Kgs.
 JJ       J3           5)           JJ       Bairagihalwa              Bariragihalwa                  JJ
          33           Jj           33       Padoloctl                                                yf
 JJ       JJ           JJ           J3       Sanalocti                                                JJ
 Jj       JJ           Jj          JJ       Mitabadi                   Merabilli    Muta
 "        J?           3J           JJ       Sansondubadi                       a
 Jj      JJ            3J           IJ       Bodosandubadi                                           JJ
 Jj       JJ           3J           J3       Merabilli                          3J                    JJ
 "        JJ           JJ          JJ        Druchpaka                          JJ                    jy
 Jj      SJ            3J          J3       Lachikona                           3J                    1j
 7J      7?           ?J           3J       Sikabadi                           1?
 5J      3>           JJ           JJ       Kodapaal                           it                    3J
         JJ           J>           JJ        Bodo'ada                  Gumma  Muti
 "       >*                        JJ       Sanalada                           JJ                    JJ
         JJ           JJ           JJ       Jadighatta                 Dumurpapai  Muta
 J?      JJ           ij           JJ       Kumba                              JJ                    Jj
 )j      J"           ?j           33       Nelhbadi                           JJ
 J)      i*           JJ           J3       Kubhkhal                           JJ                    jy
 ij      Ji           33           JJ       Kumbcsu                            JJ
 ?>      >J           3J           J3       Kibhapadi                          JJ                    J>
 ?j      s>           33           JJ       Falluguda                          JJ
                                                                                                     >t
          JJ          JJ           3J       Raikona                            JJ
"        JJl          JJ           JJ       Dumapai                            JJ                    "
 3J      JJ           JJ           ij       Sikadrigum                Janata    Muta                 JJ
 J>      3>           JJ           ij       Fanasguda                          JJ                    JJ
|J                    JJ           ij       Arpana                             JJ                    Jj
                      JJ           7J       Balamoti                           JJ                    J(
u        Jj           3J           JJ       Panabadl                           "                     *J

33                                                                  it                                                                          J>                                                )J
33                                                                  JJ                                                                          *J                                                JJ
33                                                                                                                                              JJ                                                3)
 3?                                                                                                                                             if                                                33
 JJ                                                                                                                                             33                                                JJ

 I    Koraput      Ambodala      Gunupur     Banjikusum                 Doikhal                   60  Kgb.
J3                                  13       haurdguoa                     tt                        3>
 3J       it           3t           it       Maguni                        31                        33
 11       33           33           33       Aturpura                                                33
JJ        JJ           33           J3       Ba  adoikhal                  J  J
3?        33           33           33       Hntipadar                     t  J
3J        JJ           33           33       Dcradrukulima                 51                        yj
33        3i           31           33       Kuntibadi                     it                        tj
JJ        JJ           ,t           33       KaradabHndo                   13                        33
33                                  tt       Ko. iJlma                     33                        J3
3>                                  3  J     Ratooi                        tt                        #1
2    Bolangir     Bclpara      Patnagarh     Bahatal                   Bahabal                        3f
33       J3            ?>           j>       Malpara                   Kanut                         33
33        33                        33       Tanla                     Belpara                       3>
J3        33           33                    £ arumuhan                Sarutnuhan                    33
33        3J                        J3       Eharuapalli                   t>                        it
33        33           33           3>       EharuBmunda               Bclpara                       31
          3J           3i           ,1       lalikhnmar
                                                                           jt                        33
1)        33           33                    Dhinglamunda              Kapani                        31
 33       33           33                    Kapani                        JJ                        33
53        33           33                    Mundagaon                     31                        33
 33       3?           33                    Dungriguda                    33                        it
 33       3?           J)                    Mrhjahw                       33                        J3
 33       3?           33                    Jamkhari                      ti                        it
 33       33           ij                    Hatkat                    Dhumabhatd                    jj
 JJ       3J           J3                    Kurenbahalt                   tt                        i>
 33       "•                                 Fata  Mvmda                   3"                        j>
33        33           3 J                   Bholiabandha                  J3                        )t
33        33           33                    Satuan  -                 Mondal                        it
 33       J3           33                    Saiglpalll                    33                        )J
J>        33           33                    /  irapalla               Dhumabhata                    13
 J3       3J           33                    KbalkhaU                      tt                        33
 J3       JJ           J)                    Julia                         33                        "*
 3.3      )3           3"                    Ghfgurll                  Ghagurll                      13
33        33           3>                    KhaJiapalli                   33                        13
33        33           3>                    Dtmarmunda                    >j
33        J3           3)                    Jhtjiamunda               Suleftela                     S3
 ?3       J3           3J                    Gimhhar^                  Gunbharl                      33
          33           J3                    Munapslb                      33                        1>
3J       31           33                     KumarkhanI                    >3                        33
3J       31           33                     Eagaore                       33
33        33           33                    "Ihodibahal                   33                        33
33        33          33                     Kilchibahal               Dhumflbhata                   >J
          J3           33                    t vu nbahal               Kanut                         j3
                       jj                    EichubHhal                Bahalbal                      33
                                             Baliabhaca                Panclamundii                  33
         33                                  S clandi                  Kanut                         33
                       ))                    TuU                       Dhumabhau                     33
3 3      33            3J                    Kuribahal                 Kanut                         13
3  3     33           3  j                   Ptlcsara                 (Sarumuhan                     3?
33       33            3  j                  ]- halubahall             Ghagurll                      33
33       33           3>                    Dorutnunda                 Dhumabhata                    3?
                      3]                     Dungartala                    }3
JJ       33

                                                                  1963-64
29  Shri  Gulam AU P/o  M/a.  Rasulji  Buxji, Udaipur. , Do-      1963-64
30   Shri  Gurdial Singh Uppal  C/o Hindustan  Emb.
                                                        Do.       1963-64

                                                                     1963-64
                                                                     JSXM-6?
       Delhi                                                          1965-66
 9   Dalmia  Dadri  Cement  Ltd.,  10, Darya  Gdnj,
       Delhi                                              Do.       1963-64         17,23,261
10   M/s.  Escorts Ltd.,  12,  Roshanara  Rosd,  Delhi.   Do.       :963-64         38,07,071
II  Globe Associates (P)  Ltd.,  4/3)Asaf  Ali  Road,
       N.  Delhi                                          D o .'    1963-64         10,13,238
12   Hari  Bros (P) Ltd.,  4,  Scindia  House, N. Delhi.  Do.        1567-68         *c,39.°J?
13  Jaipur Udyog Ltd.  Swai Madhopur(Rajasthar.)  .       Do.        1963-64        80,99,128

40  Janak Raj Malik;, 10-New Colony,  Gurgaon         Ind.
41  J. Dalmia, 4- Scindia  House, New Delhi  .         Do.
42  Jai Hari Dalmia 4-Scindia House, New Delhi  ,     Do.

no
                                                           Ind.         1965-66      1,04,713
I II
                                                           Do.          1964-65      <, 17.047

26  M/s. Swadeshi Cotton  Mills Co. Ltd.,  Civil  Lines,
    Kanpur                                                 Coy.       1955-56
                                                                      1964-65
                                                            Firm      1964-65

M/a. New India  Embro-
  idery  Mills  Pvt. Ltd.,
  Chheharta (Amritiar).                                                Do.
                                                        42,663         Do.
                                                        4^777          Do.
                                                        18,222         Do
                                                        23,393         Do.