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Published 09 October 1982

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REGISTERED No. D. (D.N.)—73

The Gazette of India

PUBLISHED BY AUTHORITY

No. 41] NEW DELHI, SATURDAY, OCTOBER 9, 1982/ASVINA 17, 1904

Separate paging is given to this Part in order that it may be filed as a separate compilation

PART II—Section 3—Sub-section (ii)

Statutory Orders and Notifications issued by the Ministries of the Government of India (other than the Ministry of Defence)

MINISTRY OF FINANCE

(Department of Revenue)

CENTRAL BOARD OF DIRECT TAXES

New Delhi, the 25th February, 1982

S.O. 3506.—In exercise of powers conferred under sub- clairse (III) of clause (44) of Section 2 of Income-tax Act, 1961 (43 of 1961) the Central Government hereby authori- ses Shri C. A. Wasnik being a Gazetted Officer of Central Government to exercise the powers of Tax Recovery Officer under the said Act.

2 The appointment of Shri R. J. Chandekar made under

notification No. 4052 (F. No. 398/19/81-ITC C) dated 29-6-1981 is hereby cancelled

3 This notification shall come into force with effect from the date Shri C . A. Wasnik takes over as Tax Recovery Officer.

[No. 4489/F. No. 398/19/81-ITB]

(3647)

758 GI/82—1

3648 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART H—SEC. 3(ii)]

ORDER

S.O. 3507.—In exercise of the powers confined by rule 6 of the Income-tax (Certificate Proceedings) Rules, 1962 ann supersession of CBDT order No, 4053 (F. No. 398/ 15/R0-ITB) dated 29-6-H1, the Central Board of 1'ircet Taxes hereby directs Shri C. A. Wasnik authorised by the Central Government to exercise the powers of a Tax Recovery Officer under (he Notification of the Government of India in the Ministry of Finance, Depaitmcnt of Revenue No. 4489 (F. No. 398/19/81-ITB) dated 25th February, 1982 (.hall exercise jurisdiction in respect of the following revenue dis- tricts in the slate of Maharashtra.

1. Nagpur

2. Amraotl

3. Wardha

4. Bhandara

5. Buklhana

6. Chandrapur

7. Akola

8. Yeotmnl

2. This ordei shall ccme into forca with effect from the date Shri C. A. Wasmk takes over as Tax Recovery Officer.

[No. 4490/F. Mo. 398/19/81-ITB]

N. K. SHUKT A, Under Secy.

CENTRAL BOARD OF EXCISE AND CUSTOMS

New Delhi, the 9th October, 1982

NO. 217/82-CUSTOMS

S.O. 3508/—In exorcise of the powers conferred by section 9 of the Customs Act, 1962 (52 of 1962) the Central Board of Excise and Customs hereby declares village BMnrnasandra, Anncknl Taluk of Bangalore District in the State of Karna- lakn. to be a warehousing station.

[F. No. 473/106/82-CUS.VH1

N. K. KAPUR, Under Secy.

CENTRAL BOARD OF DIRECT TAXES

New Delhi, tho 16th August, 1982

(INCOME-TAX)

S.O. 3509-—>In exorcise of the powers conferred by sub- section (1) of Section 121 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendments to the Schedule appended to its noti- fication No. 679 [F. No. lR7/2/74-II(AT)] dated 20th July, 1974 as amended from time to time- S1- No. 12-B shall be added to the Schedule as follows :—

Headquarters

Jurisdiction Commissioner of Income Tax

12B, (Investigation), Bangalore

1. Investigation Bangalore.

Circle, Bangalore

2. Survey Circle-I,

Bangalore

3. Survey Circle-ir,

Bangalore.

This notificition shall take effect from lit June, 19S2.

[No. 4865/F. No. 187/37/81-(ITAB]

3649

(Department ol Economic AJlaus)

(Banking Division)

New Delhi, the 17th September, 19K2

S.O. 3511.—In exercise of the poweis conferred by sub- section (1) of section 11 of the Regional Rural Brinks Acl, 1976 (21 of 1976), the Ccntr.il Government heicby appoints Shri O. P. Garg as the Chairman of thj Sultanpur kshctiiya Giaimn Bank, Sultanpur and specifics the period commendng on the 1-10-1982 and ending with the 30-9-19K5 as the period for which the said Shri O. P. Gaig shall hold ollice as such Chairman.

[No. F. 2-41/82-RRBJ

RAAM BEIIRA, Under Secy.

NewD^lhi.the 17th AugLtst, 1982

(INCOME-TAX)

S.O. 3510.—.Tn exercise of the powers conferred by sub- section (1) of section 121 of the Income-tax Act, 1961 (43 of 1961). the Central Board of Direct Taxes hereby makes the following amendments to the Schedule appended to its Noti- fication No. 3750 (F. No. 189/10/79 II (Al) dated 21-11-1980.

The following entry shall b: added under column 4 against

SI. No. 4 of the Schedule.

(Insurance Division) SCHEDULE

New Delhi, the 16th September, 1982

Jurisdiction

Headquarters

SI. Commissioner of No. Income-Tax

3

4

1 2

Patna

"4. Patna

22. income-tax

Circle, Katihar."

[No. 4871/F. No. 189/l/82-lT(AI)]

S.O. 3512.—In cxeici*c oi the powers conferred by Section 4 of the Life Jnsurancc Coloration Act, 1956 (31 of 1956) the Central Government heicby directs that Shti A. S. Gupta, Managing Director of the Life Insurance Coiporution of India may wilh immediate effect hold cuirent charge of the Chan- nian of that Corporation vice Shii J. R. Joshi till fuiiher orders, in addition to his duties us Managing Diiector, and he shall exercise all the powers and the functions of the Chairman of the said Corporation.

MILAP JAIN, Under Secy.

IF. No. 15(5)/Ins, V/82]

M. G. GUPTA, Director (Insuiancc)

3650 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC^3(ii)]

OFFICE OF THE COLLECTOR OF CENTRAL EXCISE

NOTIFICATION NO. 1/82

Ountur, the 18th June, 1982

S.O. 3513 .—In exercise of tho powers conferred upon mo under Rule 5 of the Central Excise Rules, 1944, I delegate tho powers vested in me under various sub-rules of rule 56-A of Central Excise Rules, 1944 to the officers mentioned in column 3 of table appended below to exercise within their respective jurisdiction.

2. This notification is issued in supersession of earlier

delegations of powers under different sub-rules of rule 56A.

Officers to Limitations, to whom

Nature of powers delegated.

delegated.

Central Excise Rules

2

3 4 1

56 A

Assistant Collector

Powers under various sub-rules except with- drawal of permission to avail of the proce- dure.

[File C.No. IV/16/32/82 MP. 2]

H. R. SYIEM, Collector MINISTRY OF COMMERCE

(Office of the Jt, Chief Controller of Imports & L.\ports)

Calcutta, the 29th April, 1982

ORDER FOR CANCELLATION OF LICENCES KSSULD IN FAVOUR OF M/S. ANDREW YULE & CO. LID., 8, CLTVE ROW, CALCUTTA-1

HO. 3514.—M/s. Andrew Yule & Co. Ltd., 8, Cltve Row,

Calcutta-1 had obtained the following licences:—

0) P/L/2895409/C dated 27-11-79 for Rs. 1,20,775, (2) P/L/2K95407/C duted 27-11-79 for Rs. 7,183, (3) P|l | 2395419|C dated 29-11-79 lor Rs. 25,730, (4) P/L/2"y5420/C dated 29-1 l-7y for Rs. 43,756 for import of disposal Diesel Engine besides other. The firm have applied lor duplicate copies of the said licences on the gmund that

In view of the above position T urn satisfied that the licences in question have been lost and the fitm were not entitled to get the licences for the items disposal of Diesi:! Enifincs and by exercising the power confeired under Clausc-9fc) of Im- ports (Control) Order, 1955 as amended, [ herebv cancel the original Customs copy and the Exchange (Control) copy of the subject licences.

[No. 6/39/81/ECA/CAI /4977-4988J

S. MUKHERJI, Dy. Chief Gondolier

Imports & Exports.

3651

(Uflice of the Jl. Chief Controller of Import? and Exports*)

(Central Licensing Area)

CANCELLATION ORDER

New Delhi, the 15th July, 1982

S.O. 35J5,—M/s. Lalson Expoiteis, 8, Regal Building, P.u- liun.ent Street, New Delhi were granted Additional Licence No. P|W]O319366/C/XX/82iD|83, dated 8-6-1982 for Rs. 2.67,100 for impoit ol items appealing in Appendix 5 and 7 excluding the items appealing ir. Appendix 26 of AM. 83 Import Policy, inadvcitently.

'Ihe him was directed by letter No. Addl/UC /2/AM 83| H^VI/CI.A/959, dated 6-7-I9H2 to teturn ihe licence foi cancellation without making any sort of commitment on it within 7 days. They have failed to comp'v with the same within t£o stipulated time.

Tn exercise of the powers conferred on me under clause 9<0(a) of the Import Trade Contiol Order 1955 dated 7th December, 1955 as amended upto date, the said original both customs purpose copy and Exchange Contiol Copy of licence No. P/W/0319366, dated tf-6-1982 for thr. \alue of Rs. 2,67,100 is hereby cancelled.

[No. ADDL/LIC/2/AM. 83|EPl VI|CLA/10621 CANCEL! ATION ORDER

New Delhi, the 27th August, 1982

S.O. 3516.—.M/s. Paramount Products Private Ltd., A-55, OiJila Industrial Area, Phase-II, New Delhi, wcie granted Additional Licence No. PJW|2948592|C/XX/S0/D|81, dated 3-8-1981 for Rs. 75,81,266 for import ol items appealing in Appendices 5 and 7 excluding itcrm appearing in Appendix 26 of AM-82 Import Policy.

The firm have reported ihal Cusloms Purpose Copy of the said licence has been lost/misplaced after having liccn iccis- leied with Customs Authorities and utilised paitly. The licence was utilised for Rs, 32,11,859 and duplicate Customs Copy is required for the balance value of Rs. 43,69,407.

The firm have filed an affidavit in support of the above statement as required under patas 352-354 of Hand Book of Imports and Exports Procedure, 1982-83. I am satisfied thai the otiginal Customs Purpose Copy of the said licence has been lost-misplaced.

In exercise of the powcis conferred on me under Section 9(d) of Impoit Trade Control Older 1955 dated 7-12-1955 as amended. I hereby order the cancellation of the said original Customs Purpose Copy of the licence.

Tho applicant's case will now be considered foi the issue of duplicate Customs Purpose Copy in accoidance with paras 352-354 of Hand Book of Rules and Procedure 1982-83.

[No. Addl/LIc, 65|AM. 82|EP. VI]CLA/1452]

3652 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVTNA 17, 1904 [ P A R T J I - S E C. 3(H)]

CANCELLATION ORDER

SO 3517—M/s East Wesl Traders, 131, Sadar Bazai, Delhi weie granted additional licence No P/W/2848241/ C/XX//6/D|8O dated 7-8 1980 for Rs 37,21,122 fci lm p ot of item;, apeaiing- in appendices 5 and 7 excluding item appearing in appendix 26 of AM 81 Import Polity

The firm have reported that J-xchange Control Copy of the said licence has been lost/misplaced after having been registered with Otstoms Authorities and utilise^ partly. Licence was utilised for Rs 21,57,344/- and Duplicate hx change Contiol Copy applied for Rs 15,63,778

The lum have filed an affidavit in sjuppoit of the above statement as required under paras 352 354 of Hand Book of Imports an<] Exports procedure, 1982 81, I am satisfied that the original Exchange Contiol Copy of tlic said licence has been lost/misplaced

In exercise oi the povveis conferred, on me under Section 9(d) of Imports Trade Contiol Order 1955 dated 7-12-1955 as amended 1 hereby order the cancellation of the said onginal Exchange Control Pupose Copy of the licence.

The applicant s case will now be considered for the issue of duplicate Exchange Contiol Purpose Copy in accordance with paras 352-354 of Hand Book uf Rules and Piocedme 1982-83

[No Addl/Lic/64/AM 81|EP VI|CLA]1451] S BALAKRISHNA P1LLAI, Dy Controllei of Tmport and Fxport S.O 3519—In continuation of para 2 of Notification No M(Haj) 118-1/15/80 dated the 4th July, 1981, the follow- ing two members of the Municipal Corporation of Greater Bombay have been nominated as Members of the Haj Com- mittee, Bombay by the State Government of Maharashtra on the recommendation of the Muslim members of the Municipal Corporation of Gteater Bombay under clause (k) of Sub-section (1) of Section 4 of the Haj Committee Act. 1969 —

1 Dr Ahmohmed Umai Mcmon,

Hanjor Villa, IV floor, Block No 2, 5 Club Back Road

BcmbavHttJOOOS

2 Shri Ashrafl Abdul Ralwnian Soofi.

54-B, Hingwala Bids, 2nd Floor, Room No 42, Soutcr Street, Bombay 400 011

[No. M(Haj) 118-1/15/80J

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 21st September, 1982

SO 3518—In exeicise of the poweis conleiieti by Rule 6(i)(b) ot the Haj Committee Rules, 1963, the Govern- ment of Tndia heieby declate vacant the stat of Shii Sysd Ahmed Ah, Membei of the Haj Committee, Bombay noti- fied by the Government of Indn under the Notification No. M(Haj) 118-1/1V80 dated the 10th August, 1981

[No M(Haj) 118 1/15/80} S O. 3520 —In pursuance of Sub section (1), (4) and (5) of section 6 of the Haj Committee Act, 1959 (No 51 of 1959), the selection of Shii Mohammed Amm Khand- wani, MLA (Mahaiashtra) ai Chauman and S/Shn Syed Shahabuddin, MP and Yusirf Hafiz, ML4 (Maharashtra) as Vice-Chairmen of the; Haj Committee, Bombay at the meet- ing of the committee held on 27th August, 1982 is hereby notified

[No M(Haj) 118-1/15/80]

M H ANSARI, Jt Secy (Haj)

New Delhi, the 22nd September, 1S"82

S O. 3521 —In pursunncc of the clause (a) of Section 2 of the Diplomatic and Consular Officers (Oaths & Fees) Act 1948 (41 of 1948) the Central Government hereby authorise Shri S D Malik, Assistant in the High Commis- sion of India, Kingston, Jamica to perform the duties of Consular Agent with immediate effect

LT-4330(2)/82J

J. HAZARI, Dy Secy

3653

Occupants) Act, 1971 (40 of 1971) and in supersession of Notification of the Government of India in the Ministry of Petroleum and Chemicals (Department of Petroleum) No. S.O. 900 dated 21st Maich, 1978 and S.O. 1864 datcd_ the 4th July, 1982, except as respect things done or committed to be done before such supersession the Central Govern- ment hereby appoints the Principal Officer (Land and Estate), Indian Petrochemicals Corporation Limited, P,O. Petrochemicals, District B a rod a (Gujarat), beinn an officer equivalent to the rank of gazetted officer of Government, to be estate officer for the purpose of the said Act, who shall excrciio the powers conferred and perform the duties im- posed, on estate officers by or under the said Act, in res- pect of public premises under the adminiiti alive control of the said Corporation,

[F. No. 30O27/24/82-PC.III}

VINAY BANSAL, Dy. Secy.

MINISTRY OF STEEL AND MINES

(Department of Steel)

New Delhi, the 22nd September, 1982

S.O. 3522.—Tn puisuance of sub-rule (4) of rule 10 of the Official Languages (Use for official purposes of the Union) Rules, 1976, the Central Government hereby noti- fies Bhilai Refractoties Plant. Mflrauda, P.O. Newai, Durg-491002 CM. P.) of Bharat Refractories Limited, the staff whereof have acquired the working knowledge of Hindi.

[No. E. J10J1/1/82-HINDI1

V. K. AGGARWAL, Dy. Secy.

MINISTRY OF ENERGY

(Department of Petroleum)

New Delhi, the 22nd September, 1982

S.O. 3523.—In exercise of the powers conferred by sec- tion 3 of the- Public Premises (Eviction of Unauthorised

3654 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SFC 3(U)] 3655

(Department of Coal)

New Delhi, the 18th September, 1982

S.O. 3324.— Whereas by the notification of the Govern- ment of India, in the Ministry of Energy, Department of Coal No. S.O. 136 dated 30th December, 1981 under Sub-section (i) of Section 4 of the Coal Bearing Areas (Acquisition and Deve- lopment) Act, 1957 (20 of 1957) and published in Part II, Section 3, Sub-section (ii) of the Gazette of India dated the 16th January, 1982, the Central Oovemment gave notice -of its intention to prospect for coal in Block No. VI, area 21356.98 acres or 8502.40 hectares and Block No. VII, area 3960.00 acres (approxima- tely) or 1602.56 hectares (approximately) of the lands in the locality specified in the Schedule appended to that notification.

And whereas the Central Government Is satisfied that coal

is obtainable in a part of Block No. VI, out of the said landsf

Now, therefore, In exercise of the powers conferred by Sub-section (i) of Section 7 of the said Act, the Central Govern- ment hereby gives notioe of its Intention to acquire the rights to mine, quarry, bore, dig and search for, win, work and carry away minerals in the lands measuring 988,51 acres (approximai- tdy) or 400.04 hectares (approximately) described In the Sche- dule sppaxkd hanto.

Note 1 : The plans of the areas covered by this notification may be inspected in the Office of the Collector, Sam- balpur (Orissa) or in the Office of the Coal Controller, 1, Council House Street, Calcutta or in the Oifbe of the Western Coalfields Limited (Revenue Section), Coal Estate, Civil Lines, Nagpur (Maharashtra).

Note 2: Attention Is hereby invited to the provisions of section 8 of the aforesaid Act which provide as follows :

OBJECTIONS TO ACQUISITION :—

"8(1)—Any person interested in any land in respect of whicta a notification under section 7 has been issued may, within thirty days of the issue of the notification, objeot to the acquisition of the whole or any part of the land or of any rights In or over such land.

Explanation.:—It shall not be an objection within the meaning of this section for any person to say that he himself desires to undertake mining operations in the land for1 the production of coal and that such operations- should not -be undertaken by the Central Government or by any other -perion.

(2) Every objection under sub-section (1) snail bo ma^e to the competent authority in writing, and the competent authority shall givo the objeotor an opportunity of being heard either in person or by a legaf practitioner and shall, after hearing all such

758 GI/82—2.

3656 THE GAZETTE Of INDTA : OCTOBER 9; 1982/ASVINA 17, 1904 [PART II—Sre. 3(ii)]

objections and after making such further enquiry, if any, as he thinks necessary, either makes a repon in respect of the land which has been notified under sub-section (1) of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in or over such land, to the Central Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government.

(3) For the purposes of this section, person shall be deemed to be interested in land who would be entitled to olaim an interest in Qompensation if the land or any rights in or over such land were acquired under this Act."

Note-3 : The Coal Controller, 1, Council House Street, Calcutta, has been appointed by the Central Govern- ment as the competent authority under the Act.

THE SCHEDULE

BLOCK NO. Vr (PART-I)

IB RIVER COALFIELDS (ORISSA)

PLAN NO. IBV/BOC/11/82

(Showing the lands where rights to mine, quarry, bore, win.

work a il carry away mi vraj, to b; acquired)

MIMNG RIGHTS

Tehsil District

SI. Nams of village No.

Village No.

225 to 228. 228/614, 228/615, 229 to 230, 230/616, 230/617, 230/ 618, 230/619, 231, 232, 232/568, 232/570, 232/620, 233 to 235, 235/622, 236, 236/621, 237 to 248, 248/623. 248/624, 248/726 249, 250, 250/626, 251 to 260, 260/625, 261 to 266, 266/729, 267 to 268, 268/627, 269 t o 274, 274/628, 274/629, 274/630, 274/734, 274/735, 274/736, 275, 275/631, 275/632, 275/738, 276, 277, 277/633, 278 to 289, 289/723, 289/724, 289/728, 289/ 730, 290 to 294, 294/634, 295 to 297, 297/635, 298 lo 300, 300/ 636,301 to 311, 311/637, 312,313,313/638, 314, 315,315/639, 316 to 323, 323/643, 324 to 327, 327/640, 327/641, 32K to 329, 129/642, 330, 330/644, 331 (P), 332, 332/645, 333 to 336, 336/646, 336/i47, 336/648. 336/649, 337 to 339, 339/650, 340 to 342, 342/ 737, 343, 343/565, 343/566, 344, 345, 345/564, 346, 347, 347/651, 348, 348/652, 349 to 354, 354/653, 355, 355/654, 356, 357, 357/655, 358, 359(P), 359/656, 359/657, 359/658, 359/669, 360. tp 363, 363/659 364, to 380, 380/660, 381 to 390, 390/661, 391, 392. 392/662, 392/663, 392/664, 393, 393/665, 394, 394/666, 395, 395/667, 396, 397, 397/668, 398 to 400, 400/670, 40J, 402 402/671,403,403/672, 404 to 414, 414/673 415, 415/674, 415 675, 416, 416/677, 417, 417/676, 418 to 426, 426/605, 427, 427, 603, 427/604, 428 to 437, 437/606, 438, 439, 439/678, 440 to 445, 445/679, 446 to 449, 449/680, 450, 450/681, 451, 452, 452/682, 453, 454, 454/725, 454/683, 455, 455/727, 456, 456/634, 457 to 459, 459/685, 460 to 470, 470/686, 470/687, 471, 472, 472/688, 473, 474, 474/689, 475 to 479, 479/690, 479/691, 480 to 484, 484/572, 485 to 490, 490/692, 491 to 493, 491/731, 493/693 494, 494/694, 494/695, 495 to 498, 498/696, 499 to 501, 501/697, 501/698, 502 to 504, 504/699, 505, 505/700, 506, 506/701, 507 to 513, 513/702, 514, 515, 515/703, 516 to 524, 524/712, 525, 526, 5 25/71-3, 527, 527/714, 528, 528/742, 528/743, 529, 529/704, 530, 530/785, 531 to 534, 534/715, 535, 535/716, 536, 537, 537/706, 538, 539, 539/717, 540, 541, 541/707, 542 to 550, 550/708, 550/ 709, 551, 551/710, 552. 553, 553/7] 1, 554 to 559, 559/720, 560, 560/718, 561, 562, 563, 563/719 566/722 and 567.

1. KiHuraloi 2. Ubda 3. Chhnrla

26 30 35

Jarsugda -do -do-

Samba Ipur -do- -do-

__

Boundary description ;

Area in acres

Line passes through village Chh?rla in plot No. 359 TotH

C-Cl

Remirks

and meets at point Cl.

— , — _ _ ^ _^ Revenue Oovt land il t Ki

C1-C2 Line passes along the common boundary of villages Chharla and Ktndam and meets at poiniC 2,

C2-C3 Liie passes along the common boudary of villages Chhirla and Kusuniloi and meets at point C3.

111.09 158,94 9 46 124 03 302.61 282.39

270.02~ 133.49 585.00

Part Pdrt Part

C3-C4

Total: 423. 15 565.^6 988. 51 OR 400! 04 hectares

(approxlrm: itely)

Line passes through village Kusuraloi along the common boundary of plot Nos. 1717 and 1718 and meets at point C4.

C4-C5

Plot numbers to be acquired in village Kusuraloi ;

Line passes through village Kusuraloi along the common boundary of plot Nos, 1717 and 1716 and meets and point C5.

C5-C6 Line passes through village Kusurah alon£ the eastern boundary of plot No. 1567 and meets at point C6.

7> ', 7 9>, 793, 799, 800,801, 802, 879, 929, 930, 931, 931/ 1858, 932 to 946, 949, 949/1859, 950 to 963, 963/1944, 964 to 938, 988/1860, 989 to 1027, 1027/186], 1028 to 1043 1047 to 1031, 1031/1862, 1052, 1052/1935, 1052/1936, 1053'to 1063 1037 to 10JI, 1554 to 1567, 1567/1958, 1563, 1569 and 1717,

C6-C7

Plot numbers to bi acquired in village Ubda :

Lino passes through village Kusuraloi along the southern boundary of plot Nos. 1567 1569, 1556, 1555, 1554, 1060, 1061, 1063. 1936,1051,1047, 1048 1049, 1042, 1043, 1087, 1091, 949, 946 ar.d 929 and meets at point C7.

1339k' 1364. 1365, 1374, 1378, 1382, 1383 1393 1394 1395 1395, 1397, 1393. 1401, 1406, 1407, 1421. 1 4 2 2 ' 1 4V 1424 15,41, 1552, 1555, 1556, 1366 and 1408. ' " '

C7-C8

Plot aitiib;r3 to b; acquired in Chhsula :

Line passes through village Kusuraloi along the eastern boundary of plot No.679(ro;d)ardmeetsat point C8.

C8-C9 Line passes through village Kusuraloi along the southern boundary of plot No, 879 (road) a.nd meets at point C9.

C9C10

36(Pj, 37 to 41. 41/607, 41/609, 41/733, 42, 43(P) 44 44/ 605, 45(Pj, 174(P), 174/599(P), 174/600(P), 174/601(P) 177(P) 17S to 182, 186(PM86/732(Pj, 187(P), 188(Pj, 189(P), 190 19]' I91(P), 191 to 195, 195/571, 197 to 200, 200/574 201 to 203* 203/610, 201/611, 204 to 205, 205/612, 207 to 217 217/613' 218 to 219, 219/739, 219/740, 219/741. 220 to 224 224/569

Line passes through village Kusuraloi tlong the western boundary of plot No. 879 (road) south- western boundary of plot Nos. 801 and 802 then

3657

proceeds ilong the western boun dflry of plot Nos 798, 800, 792, 791 and meets on common boundary of vilhg^s Kusuraloi and Ubda at point C10

No. S. O. 443, dated the 22nd January, 1982, published in the Gazette of India, Part II, Section 3 sub-section (ii) dated the 6th February, 1982. at page 468 in the 2nd, column, in lines 18-19 for Ghnatopara" rend Ghantapara".

ClO-CIl

[No. 19/94/81-CL] Line passes along the common boundary of villages Ubd'i nnd Kusumloi and meets at point CJ1.

CORRIGENDUM

C1I-C12

New I3;lhi, the 22ni September. 1982

S.O- 352C.—In the notification of tho Government of India

ii the Mhislry of Enjrgy (Dipartnwit of Cial) N\ S.O. 435 (E) dit-d the 12th Jun-, 1931, publi,h;d in the Gazrtto of India, Extraordinary, Part IT, section 3, sub section (ii), dated the 12th June, 1981,— at page 742 in line 2,

Line pisses through village Ubda along the western boundary of plot Nos. 1046, 1401. 1398,1393,1383, 1374, H52 1378, 1544, 1366 1364 1339 and meets on th:; southern boundary of Ib Block-11 (Ib Valley Cjalflelds) acquired u/s. 9 (1) of the Coal Bearing A ms (Acquisition and Development) Act, 1957 vide notification S.O. 22(E) dated 9/13-1-1981 at point C12.

for "dated the 1st Julj, 1979" r ed "d->tcd the 1 st July, 1978"

C12-C

at page 742/1 in liras 4 from b;lJw for "493" r^ai "59S" at page 742/2

Line piss:s along the southern boundary of 1b Block-TI (Ib Valley Coalfield) Acquired u/<\ 9(1) of th? Cjal B;atirg ArL-as (Acquisition and Develop- ment) Act. 1957 vide notification S.O. 22(E) dated 9/13-1-1981 an 1 meets at the starting point ' C.

in line 12, foj "26*5 (part)" real "2645"; in line 2"1., for "611 (part)" real "601"; n line 24, for "748 (part)" re id "74fc"- in line 33, for "427 (part), 427 & 428 (part)" read "427 and

428 (part)";

~~l~No. 19/46/82-CL]

in line 45, for "296" an 1 r^ad "295"; in line 50, for "2746, 59, 2/4" real "276, 459, 274"; in line 56, for "625" rjad "628";

CORRIGENDUM

aI page 742/3

New Delhi, the 6th September, 1982

in l i i; 9, for "im:ts at piint L" r;ad "rru:t; at pjiit L" in lin; 18, for "360, 350, 342" read "36J, 359, 342".

S.O. 3525.—In the notification of the Government of India in the Ministry of Energy (Department of Coal),

[N->. 19/18/81-CL)

CORRIGENDUM

S.O. 3527.—In the notification of the Government of India in the Ministry of Energy (Department of Coal) No. S.O. 2085

dated the 16th July, 1981, published in the Gazette of India, Part K, section 3, sub-section (ii), dated the 1st August, 1981.

At page 2447.

In the schedule against si. No, 4, 5, and 7.

l-oi r

Thana

"SI. 1

Distt.

Area

Remarks ^0. Village

Thana No.

4. Jhannimla

Patan

204 Palamau

Part

Merai

5.

^

Do.

205 Do.

Full

7. Singraha Khurd Daltanganj

Do.

Do.

194

Part"

Read

"SI No, Village

Thana

Distt.

Area

Rem irks

Thana No.

4, Jharinimia

Patan

—

204 Palamau

Fqll

5, Meral

Do.

205

—

Do.

Part

7. Singraha Khurd

194

Daltangaiy

—

Da,

Part

[No. 19/14/81-CL]

S WAR AN SIGNH, Under Secy.

3658 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

MINISTRY OF AGRICULTURE

(Deptt. of Afiri. & Cooperation)

New Delhi, the 14th September, 1982.

S.O. 3528.—In exercise of the powers conferred by sub-sec- tion (1) of Section 4 of the Multi-Unit Cooperative Societies Act, 1942 (VI of 1942) and in supersession of the Notifi- cation of the Government of India in the Mfaistry of Agri- culture (Det*artmeht of Agriculture & Cooperation) No. L- HOU/49/75-L&M dated the 28th April, 1982, the Central Government hereby appoint Shrj K. Sundararajulu, Chief Director (Coop,) in the Ministry of Agriculture, Depart- ment of Agriculture & Cooperation as thj Central Registrar of Cooperative Societies until further orders.

(No. L-11011/49./75-L&M]

T. R. TREHAN, Under Secy.

MINISTRY OF WORKS AND HOUSING

(Delhi Division)

New Delhi, the 25th September, 1982

S.O. 3529.—In exercise of the powers conferred by sub- section (1), read with clause (g) of sub section (3) of section 3 of the Delhi Development Act, 1^57 (61 of 1957) and in supersession of Ministry of Works & Housing Noti- fication No, K-l 1011/22/78iDDl A dated tiw 7th April, 1980, the Central Government hereby nominates Shri P. S. Pbqtqagitf,, Administrator,, New Delhi Municipal Committee fat -& mttittber" of th*e Delhi Development Authority in place "*ifhShi'f"F. T*nfhHl and makes the following further amend- ment jn the Notification of the GQvernnjent of Jndia in itfic Ministry of Health No. 12-173/ISO, dated the 30th Deeem&ett, 19*57, tiartiery '/•—

"" fn thf-said ndtification, in item No, 10 for the entry "Shri P,'iN. Bam\ Administrator, New Delhi Municipal Committee" the following entry shall be substituted :—

"Shri P. S. Bhatnagar, Administrator, New Delhi

Municipal Committee".

(No. K-11011/22/78-DDI (A)/II. B)

J. A. SAMAD, Dy. Secy.

MINISTRY OF COMMUNICATIONS

(P&T Board)

ORDER

New Delhi, 27th September, 1982

S.O. 3530.—In pursuance of para (a) of Section IN of Rule 434 of India Telegraph Rules, 1951, as introduced by S. O. No. 627 dated 8th March, 19fi0, the Director General Posts and Telegraphs, hereby specifies 16-10-1982 as the date on which the Measured Rate System will be introduced in SOMANDEPALLE/PAKALA/DAMAT.A CHERUVU/ KALAVAPUDI/MANGALAMEPETA. Telephone Exchanges ANDHRA PRADESH Ciicle.

(No. 5-6/82PHB (Pt.)]

S.O, 3531.—In pursuance of para (a) of Section III of Rule 434 of Indian Telegraph Rules, 1951, as introduced by S. O. No. 627 dated 8th March, 1960, the Director General, Posts and Telegraphs, hereby specifies 16-10-1^82 as the date on which the Measured Rate System will be intro- duced in MEDIKONDURU/PONNEKATXU/KANIPA- KAM/PENUKONUKONDA/GUTTUR Telephone Ex- changes, ANDHRA PRADESH Circle.

[No. 5-6/82-PHB(PT)] R. C. KATARIA, Assistant Director General

(P.H.B.)

MINISTRY OF LABOUR

New Delhi, the 25th September, 1982

S.O. 3532.—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 Govein- • ment Industrial Tribunal, 2, Bombay in the industrial dis- pute between the employers in relation to the management of Bombay Port Trust, Bombay and their workmen, which was received by the Central Government on the 18th Sep- tember, 1982.

3659

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 2, BOMBAY

Reference No. CGTT-2/3 of 1981

PARTIES :

Employers in relation to the Management of Bombay

Port Trust, Bombay.

AND

Their Workmen lepreientad by the B.P.T. General

Workers' Union, Bombay

APPEARANCES :

For the Employers—1, Shii M. N. Bhatkal, 2. Shri P.

N. Shastri, Advocates

For the workmen—Shn P. V. Datar. Secretary, B.P-T,

General Workers' Union.

INDUSTRY : Ports and Docks STATb : Maharashtra

Bombay dated the lfilh August, 1982

AWARD

Although it is one reference, the same consists of rour different causes in respect ,^f tour ditteient employees and as such though they are clubbed together and tneiefore ihe pleadings are also common, lor convenience sake each case is taken up separately and in the light of tlv mateiial on record decided accordingly.

2. Part 1 of Schedule in Jic reference arising out ot the Ccntial Government Urdcr No. L-31013/1/Sl-D.lVIA) dated 24-4-1981 under Section lOU) of the Industrial Disputes Act, which it must be staled is a common order in respect of all die matters, relates to Shri B. C. Sonde, Clerk "A" Scale serving with the Bombay Port Trust. Ihe contention ot the Union on his behalf is that for the purpose of posting the clerks tor Mores where overtime work is available, a panel according to the seniority of the cleiks 'A' scale has been maintained by the Bombay Port Tiust and as and when n vacancy arises the senior-most man on the said panel is posted for the period of three years. This panel, it is alleged, is drawn from those clerks who expressed their willingness to work, overtime and that once a panel is drawn up it has to be exhibited at prominent places to make it known to the persons concerned. It is alleged that although such would have been ideal practice, despite repeated requests from the Union, the publication of the panel at difTeient places is not being done by the Bombay Port Tiust and the Union appre- hends that it may result in injusti;e to the employees con- cerned. Turning to the case of Shii Sonde whose case is linked with the case °f Shri Salvi, one of those persons, who had opted for 8.00 O'clock timing, when vacancy arose in Railway Engineering Department for each overtime work he, Shri Salvi, was transferred to the said Section. It is alleged that at the time the vacancy arose ul Mete Weather Dry Dock Stores (hereinafter referred for brevity sake as 'MWDD Stores') Shri Salvi had already put m one yeais' service in the Railway Engineering Department and that from the time of his posting there, it is alleged, his mime was automa- tically deleted from the panel and Shri B. C. Sonde was No. 1 there. The Union contend') that when the vacancy arose in MWDD Stores, Shu Sonde being No. 1 in the' panel should hav© been posted thei£ but because it was not done hence the present dispute. The contention of the Union is and there is no dispute that any clerk working as senior clerk the post above that ot A scale clerk is nol entitled to be taken for being posted foi overtime woik. The Unions contends that at ihc lime when the vacancy in MWDD Stores arose in the month of July, 1979 because of the system of panel Shri Salvi could not have been considered for being posted there since he cotfld not be sai.i to be in the panel. It is alleged that on 2-2-1979 when one Shri S D. I. Inamder coveted the posting in MWDD Stoies his request or application was turned down by the Chief Engineer but then, it is alleged, the case of Shri Salvi almost on the same ground was, however, considered and his lequeat was granted. According to the Union this net on the part of the Bombay Port Trust was not according to the usage, practice and re- gulations. It is alleged that once any employee is working elsewhere his name cannot appeal in the panel for being eligible for overtime work and us such cannot be considered for posting. The Union therefore contends that since Shri Sonde was next man in ihe serial order, it was his turn which the Bombay Port Trust wrongly did not consider and hence the reference.

3. In all these four cases before the reference came to be made the matter was agitate,} before the Conciliation Officci hut as the parties could not come into terms the present refe- rence under Section 10(2) of the Act came to be made. Since the time lapse between the cause of action and conciliation proceedings or the agitation on behalf the Union and the resultant reference may be material, it must be mentioned here that the conciliation meeting for Ihe charter of demand dateel 16-6-1980 had occured in the month of Juty, 1980,

4. The fact that the panel is formed as contended for post- ing in the overtime working as the clerks 'A' scale is eligible for overtime posting is not disputed. Similarly the fact that these postings take place for three years. The Bombay Poit Trust however contends that once such a panel is drawn the same is made available to the eligible clerks for noting their position in the panel and accordingly it is alleged that panel prepared in the year 1979 was circulated amongst those con- cerned employees. The fact that the senior clerks above the post of Clerk 'A' scale are not entitled to be considered for overtime work stands admitted and that 8,00 O'clock {imins is recognised in iespect of these listed in the panel according to seniority. Regarding the posting of Shri Salvi the conten- tion of the employers is that the vacancy in the MWDD Stores ocurred when Shri Gulti who was then officiating as Senior Clerk could not be posted there and instead one Shri Joglekar 'B' scale clerk already working in the MWDD Stores was asked to hold the said post. It is alleged that when it was noticed that by posting Shri Joglekar who could never be poster for overtime work a mistake had occurred and in fact it was S

5. The issues in this connection arc at S. Nos, 1 to 5 and my findings thereof tiro as follows:—

i Issues

Findings

1. Does the Union prove that

before any employee is appointed for overtime duty, Jm name must appear in the panel formed for such puipose ? Yes

2. Whether the appointment would be

according to the seniority from

the list of empannelled employees ? Yes

3. Does Ihc Union furthei prove that no

senior cleik holding the post above Ihdt of 'A' scale jlerV, whether against permanent or leave, vacancy, is entitled to be taken on the panel for being posted for overtime work7 Yes

4. Does Union also prove that when the

seniormost employee from the panel is posted for overtime work, his name should be deleted from the names of the panelled workmen "nd should never re-appear till the entire list under

the panel is exhausted? Yes, if no

mistake committed

3660 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASV1NA 17, 1904 [PART II—SEC 3(ii)]

5. Docs Union establish either usage or

practice accordingly? Practice admitted

6. It need not be repeated th.it so far as issues No .1 and 2 aic concerned there is no controversy at all and both the parties admit that theic was a system of preparing a panel of Clerks "A' scale- for being posted in overtime working and that the posting was done dixordins to the scnioiity. '1 he Union however complains fhat although a representation on similar ground made by Shu Inamdar was rejected and al- though the 'eprcsentation of Shri Salvi also should have met with the same fate, almost within a short-time of the rejection ot the fust mentioned leprcscntution, the second was gunned and in this way it was alleged that there was discrimination, partia- lity as a result of which legitimate claim of Shi i Sonde was lost. At Exhibit 7/M there is a ieply dated 2-2-1979 in icply to the petition dated 1K-1-1979 whereby Inamdar was in- formed that his request for transfer from the Chief Mechani- cal Engineer's office!- to MWDD Stores could not be consi- d er as Shii Gutti, Hie incumber of the post was not oJli- cialing as Scmoi Clerk agauist the continiious|tempoiury va- cancy. E\. B|M is a similar ieply. From Kx. 9]W we come to know that irom 1-2-1479 Shri Inamdar was posted for 8.00 O'clock timing in place of yhri Sakpal, while the original ap- plication is at Fx. 10/M, Then follows a Ex. 11/M which is a letter written bv Shri Saivi dated 12-6-1979 whereby he sought his transfer to MWDD Stores. He contended that the- posting order of Shri Gutti in the snid store was wilh effect from 1-8-1978 on which date itself he was Iransfei red ~ to the Railway Kngineering Depailmcnt to work in the Stores. He then pointed out that according to the pievalcnt practice Shri Gutti could never be posted in MWDD Stores and as such since Shri M. K, Mhwargi who was next in turn offered to go there, the choice must fall on him.

7. The Union also contends that the posting of Shri Gutti in MWDD Stores was not a regular one and therefore such posting could not have taken place. Consequently what is to be considered is whether in. fact any mistake had occurcd at the initial stage that is on 1-8 1978 when Shri Gulti was posted in MWDD Stores and Shri Snlvi was sent to the- Engineering Department, and if in tact there was a mistake, had the Bombay Port Tuist no authority to rectify the same. The case of Shri Inamdar and Shri Salvi can be dis- tinguished because in the case ol Shri Salvi had the autboii- ties not posted Shri Gutti in MWDD Stores, as records ilself indicate and it is boine out from the application Ex, 11/M] contents of which arc not much in dispute, it was Shri Sal\i- who was to ste,pin there. Merely because the request °t Shri Inamdar for transfer lu MWDD Stores was lejcctcd, automatically would not give liso to the inference that no such order could have been passed in the case of Shri Salvi. In the light of what has been contended by the Bombay Port Trust if a mistake had occured at the initial posting, any subsequent order would not amount [o transfer as such, but a rectification of the mistake which every em- ployer has got a right to do. Nobody can insist that even if some wiong1 was done the same should he allowed to continue. If on 1-8-197S because of the system pievajling Shii Girtli could not be poled at MWDD or Shii Juglck.ir a clerk in B Scale could not be allowed to hold the said post, the choico must fall on the next men in the serial oider that is Shii Salvi and therefore even if the contention of the Union that transfer fiom one department to another could not have been made is accepled, because of the facts already discussed, it docs not amount to a transfer but ['edification of the mistake already made. All along It was contended that though there is 8 O'clock timing in various departments, the employees in MWDD Stores earn more overtime than their colleagues in other department. If thin is the thing it is all lliu more necessary to rectify the mistake because if Shri Salvi has found to have been deprived of the higher earning by the error committed bv the authorities, when such an cioj detected it was incumbent on these authorities to set the matter light and as such when Shri Y S. Ranc in his de- position before this Tribunal asserted that it was setting right the mislake eailici committed, the facts lent full support to his version.

8. When Shri Rane was questioned as to whcie Shri SonJe stood vis-a-vis Shri Salvi paiticnlaily on 18-7-1979 when Shii Sahi was alleged to have been transferred from the Kail- way Engineering Depaitn"Kn[ m the MWDD Stoies', the ieply given by the witness was that he will check up and clarify the position Since the whole lecord lies wilh the Bombay Port Trust the witness was asked to produce a copy of the order of the relevant date and I am given to understand that on the said date Shri Sonde was already working in some other de- partment. If tho cause aiose on 18-7-1979 and if the tiansfcr- from one department to another is not to be permitted, even assuming that Shri Salvi's posting could not have been done, it would not have been Shri Sonde but somebody else. 1 am told Shri R. D. Dhuri, as can be seen from the record Ex. 28/M produced on record to-day, who could have opted for his posting. The plea therefore, that Shri Sonde was must be in the list immediately after Shii Salvi, that he should have gone to MWDD Stores in place of Shri Gutti who was the cleik officiating as Senior Clerk, must fall and as such the reference in the case of Shii Sonde and Salvi fails.

9. Regarding the second part of the refcienee the dispute is regarding inter-se seniority between two employees of Dredging Section namely Yusuf Ahmed and Shri Ooiman Khan Baba Khan both stated to be M. £. Driver, Giade II. The contro- vci'.v has aiisen because Shri Yusuf Ahmed dflim senionty over that of Shri Oosman Khan Babti Khan in accordance with the principles of seniority laid down by Shri Das Gupta Awaid in Reference No, CGIT-6|57.

10. The contention of. the Union in this regard us spelt out in tho claim statement is that Shri Yusuf Ahmed was appoin- ted on 10-5-1963 while Shri Oosman Khan Baba Khan was ap- pointed on 8-7-1963. It is whether alleged that Shri Oosmun Khan Baba Khan had resigned on 2-1-1974 and had at a later stage he was re-appointed. It is alleged that Shri Oosman Khan Baba Khan having resigned from the service he should not have claimed any seniority over Shii Yusuf Ahmed and that when there was clear vacancy the post should have gone to Yusuf Ahmed While stating the different dates from the J. beginning it is the case of the Union that Shii Yusuf Khan was appointed as a Cleaner on 10-5-1963 whereas Shri Oosman khan Baba Khan Was appointed as a Cleaner on 8-7-1963 and that though Shri Yusuf Ahmed was continuously working as a Cleaner from 8-7-1963 it is alleged, accoiding to the princi- ples laid down in Das Gupta Award since Shri Yusuf Ahmed was serving in the Diesel from prior to Shri Oosman Khan Baba Khan he was senior in service and therefore entitled to the various benefits arising out of the keniority.

11. All these dates on which the claim of the Union le- garding the seniority is based have been refuted by the eni- ployers in paragraph 5 of their written statement. It is alleged that Yusuf Khan was appointed on 11-4-1961 as Stoker Grade TJ while Shii Oosman Khan Baba Khan was appointed on 22-10-1959 as Coal Trimmer. In the case of piomotion to the post oP Stoker Grade I the respective dates stated are 23-4-1962 and 15-9-1961, similarly the date about the posting as Motor Cleaner and Motoi Greasei which arei stated to be promotions according to the employers the dates were 15-10-1963 and 8-7-1963 respectively and 6-3-1967 and 5-1-1966 icspectively Regaiding the li-t posting namely M. E. Driver Grade IT Shri bowman Khan Baba Khan held the post from 12-2-1979 while Shri Yusuf Ahmed alleged to be serving in a leave- vacancy from almost one year and few months earlier that is 10-12-1969. It is alleged that on 12-2-197] when ihe question of promotion arose to the post of Motor Engine Driver Grade II Shri Oosman Khan Baba Khan on the basis of longer service and qualification held by him was entitled to promotion and therefore the choice fell on him. It is alleged that the requisite qualifications were required by Shri Oosman Khan Baba Khan on 5-2-1971.

12. It so happened that not only there are certain records produced on behalf of the Bombay Port Trust which must be the custodian of the said records, even the oral evidence is that of the witness cited by the employers, on behalf of (he employee barring two wajre slips dated 3-7-1963 and 2-8-1963 produced along with the list dated 27-7-1982. there is no ma- terial either documentary on oral as a result of which the dales stated except in the case, of posting as Cleanei will have to be accepted, In the case of posting as Cleaner though ac- cording to the Bombay Port Trust Shri Yusuf Ahmed was posted a Cleaner from 15-10-1963 from tho Wage- slip the same appears lo be not true because even some four months cailicr that is nrior to Shri Oosman Khan Baba Kh^n, Shri YiiMif Ahmed has stated working in the Diesel Section, The ovation houevei is wheihcr thciebv he Rets seniority and if yes, whether Shri Yusuf Ahmed is entitled to any' relief at the hands of this Tribunal.

3661

13. Issues for consideration and my findiDgs on the same

aie as follows :—

Issues

Findings

6. Whether the Union establishes that

Yusuf Ahmed M. R. Driver Giadc II having passed the qualifying test. eailicr than Oosman Khan Baba Khan, irrespective of the seniority, the claim of Yusuf Ahmed should have been recognised ? N°

7. Whether the Union further establishes that Yusuf Ahmed had a right to be posted on his acquiring the qualifica- tions as soon as there w a Clear Vacancy and that the Port Trust authorities acted malafide in not making his appointment? No

8. Whether non-promotion of Shii Yusuf

Ahmed and Shii Inkir violated Das Gupta Award or Trustee's rules in any manner ? No

14. Shri Rane in his evidence particular in cross-examina- tion tried to di&tinguishthe case of Shri Yusuf Ahmed and stated that his posting in the Diesel Section was in a leave vacancy. However this answer does not seem to be correct because from the reply in the cross-examinuion itself it seems Diesel Di edg- ing came into existence subsequently while furmeily thers was only Steam Section, on formation of which, offers weic mad- to those who were serving in the. Steam Section that if they want to join they can join the Diesel Section where tho Cleaners category was the lower one, When a new section was created a nd when offers were made for the first time to opt for going there, there was no question of any leave vacancy as such atlcast the record Joes no., spent accoidingly. The reply therefore that because Shri Ynsuf Ahmed was in leav vacancy though he was junior and though he went there earlier he could not have seniority over Shri Oosman Khan Baba Khan does not seem to be correct, Then again there was another attempt to distinguish the case namely that if the senior man in Steam Section was offered a post in Diesel Section but he declined, the offer would be made to the next man in the serial order and if he would opt for trans- fer and joins Diesel Section he would become senior in that Section to the earlier senior man if he would opt any time subsequently. Shri Rane furthei says that if there is no offer to the senior hand (heie would be no question of disturbing (he seniority in the steam Section, which would continue even in Ihe new Section, thereby suggested that no offer was made to Shri Oosman Khan Baba Khan but was made to Shri Yusuf Ahmet] and therefoie though Shri Yusuf Ahmed stepped in the Diesel Section earlier the original seniority continued. This explanation in my view does not fit in with earlier reply fhi t on formation of new section of Diesel Section, offers were made to those employees serv- ing in Steam Section and thcie was no leason why Oosman Khan Baba Khan was innde an exception particularly when he as well as Yusuf Ahm;d both of them are permanent employees as admitted by the witness himself.

15. This findihg might hive helped the cause of tho Union but there are certain other difficulties. From the KiaJes stated in the Award in reference No. 5 of 1957 we find in the Diesel Section the cleaner is on last rung and then comes Greaser and Engine Diiver Gr. II and Engine Driver GradeT, Having regard to the various scales at every stage that is fiom Cleaner to tnginc Driver Grade 1 therei seems to he a sort of promotion and the Bombay Port-. Trust has mentioned the fact of promotion on page 7 of the written statement and the same is borne out sufficiently. Now even if Shri Yusuf Ahmed is held to be senior man in the Diesel Section what we find from the written state- ment is that the immediate next promotion Motor Grenser went to Shri Oosman Khan Baba Khan on 5-1-1966 while Shri Yusuf Ahmed had to wait to his turn till 6-5-1967 thai almost one year and two months. The grade oi category of Motor Greaser is below the grade of M. F. Driver Second Grade in other words the promotion to M. E. Driver Grade II takes place from the category of Greaser. Tf at all an^ injustice was done that occurred ill the year 1966 when Shri Oosman Khan Baba Khan was posted and promoted as a Motor Gieaser on 5-1-1966 while Sliri Yusuf Ahmed on 6-3-1967, In the case of Motor Clcancis certainly the Union by producing the wage slipi. exhibits 26/W and 27/W has falsified tho date shown as J5-HMvK)3 but merely because in one instance the dale is pi oved to be Nvrong no generalisa- tion is possible that all the dates also may be cironeous and some cogent pioof was necessary in this leijaid also, which is lacking. If Shii Oosman Khan Baba Khan was pro- moted cailier as JVIotoi Greater he would get senionly atleasl in that category over Shti Yusuf Ahmed,

16. The guide-line in case of promotions aie laid down in para 31 of the Awaid in Reference No 5 o_ 1957. As various dates indicate excluding the dale rcgaiding the posting of Motor Cleaner which is doubtful, Shri Oosman Khan Baba Khan had entered the service earlier in the year 1959 while Shti Yusuf Ahmed came in the scene on 11 4-1961, Para- graph 31 laid down that for ascertaining comparative seniority for the Deck ciew and engine room crews of the flotillas and Steam vessels and Motor and Diesel vessels the guiding principles are as follows :—

(a) Basic pay shall ordrinaily determine the compaiative

seniority of the candidates.

(b) Where basic pays are equal, the date of confirmation

in the grade shall be the guiding factor.

(cj (ii) For jobs requiring the lower ccitificate, the date of obtaining tho ccrtillcalc shall determine the priority in cases wheie the basic pay, length of permanent service in the grade just below the pro- motion grade are the same end,

then sub-clause (,8) of Pnra 31 which says that subject to the provisions in rule (6) woikmcn once promoted shall not be made to revert to his original post on the ground that the man senior in service has acquired the requisite qualification for the promotion subsequent to date when the vacancy occurred. This rule does not apply when the promotion is in respect of a temporary vacancy. Rule 9 contemplates that a man promoted temporarily to a higher job is on inversion to his original job relegated to hi3 oiigiml position in the seniority list.

17, In the instant case what is contended by the Union is that Shri Yusuf Ahmed acquired Motor Engine Driver certificate Grade II earlier than Shri Opsman Khan Baba Khan who got it on 6-2-1971. The question is whether the acquisition of the requisite qualification in the case of Shri Yusuf Ahmed comes to the lrclp to claim seniority over that of Shri Oosman Khan Baba Khan. We have already seen the various guidelines laid down in Das Gupta Award to which no second rcfeicncc is necessary the date of obtaining the requisite certificate shall be considered only when the basic pay, length of permanent service in the grade, just below the promotion grade are ihc same. It is therefoie necessary that before we apply the last mentioned test for granting seniority, the basic pay of Shri Yusuf Ahmed and Shri Ooaraan Khan Baba Khan was the same and that the length of perma- nent service in the grade of Motor Gieaser which as alieady indicated was next below was also thc same. If the grades in the written statement had any indication and If the ques- tions put in cross-examination throw anv light, Mui Oosman Khan Baba Khan was already drawing something more as- a Cleaner n Diesel Section and therefore even assuming that he declined the initial offer, the change in Diesel Steam Sec- tion could not have affected the salary of Shii Oosman Khan Baba Khan because he was drawing something moie even before his tiansfer there. There is nothing on record to show that the emoluments or basic pay of these pet sons was the same, Similarly if Shri Yusuf Ahmed was promoted as Motor Greaser on 6-3-1967 Shri Oosman Khan Baba Khan was pro- moted as Motor Greaser on 5-1-1966, the second criterion namely equality of service or prade just below promotion giadc also disappears and what remains is the acquisition of the qualification oarlicr which in the absence of proof of earlier condition is not going to render any help What will have to be sren is on 12-2-1971 when the vacancy arose Shri Oosman Khan Baba Khan was duly qualified or not. and since as per the records he acquired the qualification on 6-2-1971, on 12-2-1971, he was entitled by virtue of (he •seniority to be posted as M. E. Driver Grade TT, The posting of Shri Yusirf Ahmed in leave vancancv was of no avail nor

3662 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

his greater experience, ll so happened that Shri Oosman Khan Baba Khan happened to be the last man to step in negativing the chances of Sbri Yusuf Ahmed but sincc be had no claim to the post there cannot be any grievance. Shri Rane has rightly pointed out that it is not that a person obtaining the requisite qualification certificate earlier become* senior by virtue of his earlier acquisition of the certificate which according to him depends upon various factors as quoted in the Das Gupta Award.

18. Shir Oosman Khan Baba Khan resigned from tDd service in the year 1974 and though the record is not clear he seems to have been reappointed later on. However what transpired at that time is not clear from the record but one more award has stepped hi that is Award in Reference No. CGIT-5 of 1972 when there was a merger of 'B' and C categories and it is and just possible that Ihe number of Shri Yusuf Ahmed was further moved down because other persons from these categories stepped in. This however, is a surmise at the same time what happened in 1975 is not relevant for the purpose of whether on 13-8-1971 the post should have been offered to Shri Yusuf Ahmed Instead of Shri Oosman Khan Baba Khan. Once it is held that it was the latter who was entitled to the same all other fncts vanishes,

19. An attempt was tried to be made that the Bombay Port Trust authorities wrongfully waited till 12-2-1971 to en- able Shri Oosman Khan Baba Khan to acquire the requisite qualification and the line clear was given only after he obtained certificate on 6-2-1971. There is allegation to this effect but without any supporting material. Merely because there was a co-incidence of his obtaining the certificate and Shri Oosman Khan Baba Khan could become a M.E. Driver Grade II, it would not be prooer to attribute any malafldes to the Bombay Port Trust authorities. There is absolutely nothing on record to prove the partiality which was essential. The authorities are proved to have conformed to the principles of seniority as laid down in Das Gupta Award, The result is that the reference on this pointed also must fail.

20. In the case of Shri L, J. Inkar, the contention of the Union is that he should have promoted in the vacancy of chargeman in the Railway Engineering Section which occurred on 1-11-1980. The case of the Union in support is that Shri Inkar who belongs to Schedule Caste was wrongfully denied promotion by one Shri Mopkar. lunior Engineer. He was appointed as Mazdoor on 16-12-1959 and then promoted as a Draft Painter and lastly to the post of skilled painter. While serving accordingly he appeared for test for the post of Mistry, but the grievance is that he was not considered as having passed the test but was allowed to be superseded by others and attempt is made to attribute malice to the lunior Engineer, Tt is alleged that when Shri Inkar was skilled painter and was also serving for some years as Mistry there was absolutely no reason for the Bombay Port Trust authorities to demote Shri Inkar and by the said demotion the authorities alleged to have violated the Trustees rules.

21. In reply to these contention the case of the Bombay Port Trust is that Shri Inkar entered in the service as a Mazdoor but not on 16-12-1959 on 27-11-1961 and ultima- tely he was promoted to the post of skilled painter on 14-8-1975. Tt is alleged that the post of Mistry (Survey) Is filled in from among the candidates listed on the panel after selection bv the Departmental Promotion Committee and for the preparation of the panel applications are invited frff-n the eligible employees working in the Railway Engineering Section who are directed to appear for the test. In para 12 of the written statement Ex. 3/M the case of the employ-rs is that every time Shri Tnkar appeared for the test he fai'-d in the said attempt and ultimately he got through on 17-4-80. Regarding his earlier service as Mis'.ry it is alleged that in all on five occasions Shri Inkar was promoted in the- leave vacancy for an ageregate period of about a couple of months with specific intimations that these appointments were purely on ad-hoc basis and that he will have no claim over the oost of Mistrv. The employers therefore deny that any rightful claim of Shri Tnkar was not recognised.

22. Shri Rane Administrative Officer of the Bombay Port T " K' ha

23. Wi. IIKII turn to the last case namely the case of Shri C. L ! line and here are certain facts the details would be i^oiie into but ultimately the question is whether striking of the name of the Muster-roll as done by the Bombay Port Trust amounted to retrenchment or the said result was invited by Shri Rane himself who according to the Bombay Ports Trust had deserted his post and this brought about the severance. At Ex. 20/M there is a letter dated 28-4-1977 sent by, registered A.D, whereby Shri Rane was informed that he Was absent unauthorisedly with effect from 6-4-1977 and no intimation as regards the cause of his absence was received in the office. He was therefore asked to resume duties within three days failing which he will have to face disciplinary action.

24. The next letter is dated 19-5-1977 when a"ain Shri Rane who then serving as a Peon was informed (hat he did not either resume ths duty or applied for any leave and he was continued that if he would not resume his duties it would be presumed that he is not interested in Bombay Port Trust service and his name would be struck off from the muster roll with effect from 6-4-1977. Another letter dated 14-9-1977 was despatched telling him that he is absent from 6-4-1977 and he has neither replied the Memos, dated 28-4-1977 and 19-5-1977 nor resumed the duties and therefore on the ground that he was a deserter, his name was struck off the muster- roll,

25. Issues for determination and the findings thereof are

as follows :—

ISSUES

FINDINGS

9. Whether the absence of Shri C. L, Rane

amounted to abandonment of service? Yes

10. Was the relationship of employer-

employee thereby severed ? Yes, at the

instance of

employee,

11, If not, whether C. L. Rans it entitled

to any relief ? No

12. Was there any letter of resignation?

T? yes, does the Union prove that the said letter of resignation is a No, does not forged document ? arise.

13, To what relief the respective

workman is entitled ? Nil

26. Exhibit 22/M is dated 11-10-1977 when Shri Rane appeared and pleaded that from 6-4-1977 to 11-10-1977 he could neither attend the duties nor could convey snv inti- mation and that he should bo pardoned and he should be allowed to resume duty and if it is not possible should be re-employed. That there was severence of the relationship of empJoyer-employre stands admitted but the question is whether it has been so brought out BS if amounts to retrenchment a$ contended by the Union who for the said purpose are relyirfg on ihc decision of the Supreme Court in L. Robert D'Suza Vs. The Executive Engineering, Southern Railway reported in 1982 LAB.I.C. page 811 which case follows the decision in Delhi Cloth & General Mills Ltd (AIR 1978 SC pace 8). In this case the ratio is that if the termination of the services nf workmen Is brought out for nny reason whatsoever it would be retrenchment except if the case falls within any of the exc-roted categories that is termination by way of punishment inflated Tierstiant to disciplinary action, voluntary retirement of the workman, retirement of the workman on reaching the age of superannuation or teimination of the service on the ground of continued ill-health. Since the, employers rely on

3663

the second exception viz. voluntary retiicnient of the workman and since other exceptions are not attracted, we shall have to consider the same to find out whether the conduct o£ the work- man is such as to infer voluntary retirement. So far as the case before their Lordships is concerned it was also a termination on the ground of absence and the same was the case in the earlier decision in Delhi Clothand General Mills Ltd., However in both these cases there was^ some cause for the workman to remain absent. In L, Robert D'Souza ca.se the workman was observing fast for espousing the case of tempoiary workmen including himself while in the case of Delhi Cloth and General Mills Ltd., the workman had in- formed that he should be given further oppoitunity to show his efficiency in the job lest he would tender his resignation whereupon the management did not reply with the result that the workman did not report fo- work, at the newly offered post. If the facts of the above cases have any indica- tion it is crystal clear that the employees in both the cases never wanted to leave the service on the conbary they very much wanted it and in the first me'ntioncd case because some grievance was subsisting there was an attempt to get it re- dressed by observing fast while in the second case the work- man was all along waiting for the communication from the management in reply to his representation, Nothing like this had occurred here, Wh^n all along the Bombay Port Trust was asking Shri Rant to resume- the service, he re- mained taciturn. I ennnot understand is to why he could not explain lhese difficulties and assuming that it is just possible that he could not have contacted the employer, but at least when in the month of October, 1977 he approached the Bombay Port Trust with a letter or if not at that stage at least before me, had there been any justifying cause for his absence, he could have pleaded and proved the same but no such attempt WHS made and why not remained une\n]aini*d. Therefote when in the two cases referred to the action WQ9 taken by the management because it was resisted by the employees, in the instant case it was brought about by the employee himself who even at this stage eclud not explain his absence. There must be vnr'ous reason^ for the absence including his being engaged in another service. Section 2foo) fa) speaks of voluntary retirement of the woikman and this retirement does not amount to termination of service or re- trenchment and where theic is specific clause to that effect and if ordinary dictionary meaning to the same term is given the conduct of the employee supports the same.

fn mv view therefore although the absence was the root cause of termination or severance the facts arc such th-H it is (he employee who is responsible for the same and if no severance is there on account of any r.ct on the nait of the employer which is the condition precedent to attract Sec- tion 2(oo), such an emnlovie wifl not be allowed to pWt non-observance of Section 25F of the Act or some other sre- t'On and to aspire a fresh lease under the Bombay Poit Trust. The result is that (he last case also fails

No order as to costs.

M. \. DESIIPANDE, Presiding Offl er.

LNo. L-3IO13fl)/Rl-D.IV(A)]

T. B. SIT ARAM AN, Desk Officer.

New Delhi, the 23rd September, 1982

S.O. 3533.—fn pursuance of section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central Govern- ment hereby publishc, the following award of the Cent™! Government Industrial Tribunal, No. 2 Bombay, in the industrial dispute between the employers in relation to the management of Food Corporation of India Adipur (Kutch) and their workmen, which was received by the Central Government on the 18-9-82.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO, 2, BOMBAY

Reference No. CGIT-2/41 of 1980

PARTIES :

Employers in relation to the management of Food Cor-

poration of Tndia, Adipur (Kufch).

758 G of 1/82—3

AND

Their Workmen

APPEARANCES :

For the employers.—Shri B, M. Masurkar, Advocate.

For the workman.—Shri S. M. Dharap, Advocate.

INDUSTRY : Food Coiporalion STATE : Gujatat

bombay, the 17th August, 1982

AWARD

By their Order No. L-42012(34)/77-D. ll(Bj dated 14-8-1980 the Central Government has referred the follow- ing dispute loi adjudication under Section 10(1 )(d) of the Industrial Disputes Act, 1947 :—

"Whether the management of the 1-ood C'oipoiation of lndu, Adipur (Kutch) was justified in teiminating the so viccs of Shri D. V. Vaghela Regional Engi- neer (Electrical), with effect from 4-1-1977 with- out complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 7 If not, to what relief Ihc workman is entitled to?"

2. The dispute as is evident from the reference itself relatcb to the termination of services of Shii V. S. Vaghela a employee serving with the Food Corporation of India us a Junior Engineer. The contention of the employee is that lie joined the services of the Respondent Corporation on 10-12-1974 as a Junioi Engineer (Electrical) Maintenance and Repair on the salary of Rs, 750 per munfh. According to him he was required to look after the maintenance and icpair in the Division in whicf' he wa^, posted which work was required to be carried out, it is alleged, persrna'ly by the employee and that the nature of his work was pre- dominantly technical and mechanical. He than says that becairse the Deputy Manager (Engineering) had personal guidge against him, by ordci dated 27-12-1976 the services of about 12 person^ including Shr; Vaghcla were terminat- ed on the ground that they were no longer required due to the reduction in the work as a result of declining import of Food Grains. The contention of the employee is that this termination amounted to retrenchment and since it was in violation of provisions nf Section 25F of the Industrial Disputes Act the vame wa^ invalid, bad in law and illegal. It seems that initially thc-c persons rushed lo 'he Civil Court by instituting a Civil Suit No, 176 of 1976 wherein they succeeded in obtaining interim injunction but the said injunction seems to have bocn vacated shortly thereafter with rhe result that on 3-1-1977 fheyi receiv-.j another letter terminating the service with effect fiom J-1-1977. It is alTeged fh.i* since the provisions of the Industrial Dispures Act esneciallv Section 25F hive not been complied with the enmloyee is entitled to relief of reinstatement etc.

3. By the written statement of the Food Corporation of India the status of the employee as a workman has been challenged, the contention of the Food Corporation of Indi9 being that Shii Vaghela was performing the duties, which were mainly supervisoiy and since admittedly he was drawing emoluments of more than Rs, 500 per mensem the reference under Sec'ion 10(1 )fd) of the Industrial Disputes Act is nol maintainable. It is furlhei alleged that services of Shri Vaghcla were pu'rly temporary iniliallv for c period of six months but continued for reasons of exigencies of work and lJtimatelv on 3-1-1977 the same stood termi- nated. Tt is further alleged that under the Food Corrora'ion of 7ndia StmT Regulation when the matter reached the labour authori res payment of Rs. 1356.40 was -nude without prejudice to the contentions of the- Corporation. Lastly It h MWed that since Shri Vaghela is gainfully MijKiRcd with the Rajkoi Municipal Corporation since 8-7-1977 he no longer has any interest in the employment with the Food Corpora- tion of Jndra and therefore no relief is permissible.

3664 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PARI U—SEC. 3(iiJ]

4. By another written statement liled on behalf of the same Corpoiation almost similar contentions had been reitemlej and emphasised viz. that the nature of duties pei- formed by Shri Vaghela was supervisory and managerial.

5. Tn the light of these pleadings the following issues

arose for consideration :—

4. In the light of these pleadings the followid issues arose

for consideration :•— ISSUES

FINDINGS

1. Whether the employee is a workman Yes

as defined under Section 2(s) of the Industrial Disputes Act?

2. Or was he performing supervisory and No

managerial function as contended by the employers?

3. Whether the services of Shri D.V. Though temporary Vcghela were purely temporary and could not be therefore could be terminated as done terminated in the by the Food Corporation of India? manner done.

4. If not whether the said termination Yes

amounts to retrenchment as defined under Section 2 (60) of the Act ?

5. If yes whether the procedure as laid No

down under j Section 25F of the Act has been followed ?

6. If not whether the termination is valid No

and legal?

7. To what relief the employee is entitled?\ As per award. 8. What award ? J

6. So far as the service ia concerned namely that Shri Vaghela joined the servic; of the Food Corporation of India on 10th December, 1974 and was asked to go home on 3-1-1977, it is not much in dispute. On 27-12-1976 the first order of termination win issued but because of the stay granted by the Civil Court, the same could ro+ he imple- mented and therefore a second letter dated 3-1-1977 a copy of which is to be seen at Ex. H while Lhc copy of the first order ia at Ex, 'A1 to the Statement ul Claim. It is therefore evident that from December, iy74 to laminry, 1977 thut is almost a period of two ycais md some days Shri Vaghela was continuously in the employment of the Food Corporation of India and although an attempt was made that the initial appointment was for six months but allowed to continue even thereafter, one fact is certain that the employee served under the Food Cotpoialion of India for two years which was u crntinuons service, Whether he WHS temporary or permanent is not going to nuke any change or in any manner affect materially, ihe- findings particularly if the employee is found to be a workman as defined under Section 2(s) of the Act.

7. It is already seen that on one riuiid the employee is attempting to derive advantages under the Industrial Dis- putes Act for which the present iefcience is made parti- cularly on the alleged ground non-fulfilment of the provi- sions of Section 25F of the Act, the Food Corporation on the other hand wants to remove him from the said category on the ground that the duties pcrfoimed by ihe employee were supervisory and miyiageria] function not attracting the provisions of Section 2(s) of the Act. Naturally before emphasiing upon other issuer involved il shall have to be seen whether Shri Vaghela Junior Hngineer w,is in f,i t a workman or not,

8. To prove the natuie of duties expected of a Junior Fngincer besides oral evidence of Shri S. J. Pate! under whom the employee was at the relevant lime working the management has brought on lecord Job Description a publication of the Food Coiporation of India narrating th" duties ol employees hulduiK scvcial posts, On page 22 ol the fcaid book-let there is a reference to Tunior Engineer in the pay scale ol Rs. 225 5JU. The chaiacleristics of the Class is desctibed under the getietal close supervision ot higher olliccis, supervises construction jn.l maintenance work and prepares preriminaiy drawings and estaimates and other idated work. No doubt the words "undei supervision of higher otliccis, supervises construction and maintenance work" are to lie noticed in the opening part 'class title' but just below the various duties of the Junior Engineer (Hcctiical) are narntted anJ they aic as follows :—

' Typical Tasks :

1. Prepares lough drawings work/site drawings, cost

estimates of work required to be execu'xd.

2. Checks 100 per cent work under his charge to ensure that all works are done according to specification, di awing;., standards laid dov n and approved sam- pler, Records particulars of defective/substandard work in the site order-book and ilso bring!* to the notice of his superior officers.

3. Arranges and issues material to the contractors and maintains proper accounts of receipt., issues and balances. Prepares tccovery statement for mate- rial jnd other services rendered by the FCl for contractors' accounts and sends details to Assistant Manager/Senior Assistant Manager for effecting recoveries.

4. Records measurements of work done bv the con- tracturs and picpare^ work calculation sheets, lead charges, etc., for calculating quantities of work done.

'. Checks bills, adjustments, translcr claims and puls up to higher officers.

6. Piepares and submits returns required irum time to

time.

7. May be required to perform shop-floor work.

8. Knsurosi safety mcasuics against accidents.

9. Performs other related work as may be assigned to

him.''

3665

comparison ot thtsc ditties with the duties ol Assistant Mana- ger (Maintenance and Operation) (Electrical) .is suited on page 23 ot ihe book-let would be fruitful, ror, thcic also the qualification required is diploma, in hlectricil Engineering. While stating the chaiaUci I-IILS ol the Class of the Assistant Manager whose grade ot paj is Rs. 350-70U that is consideiab- ly higher than the Juni'ji Engineer, it bus been stated that he shall be oveiall ln-thuigo of entiic discharge operations Lit the foodgiains beiths, supers ise and control operational and maintenance staff on duty in workshop and Owing the shifts that is Shirt Super vrsui, Assistant Supervisoi, Head Mechanic, Onvei Mechanics, Mechanics, Wiremtin etc. All along attempt i, made on beiuilt of the hood Corpoiation of India that Wireman and Khalasis ara placcj under the Junior Engineer and thai tht Junior Engineei is expected lo get the woik done und also supervise the same. It is howevti partinent lo note that when m the case of Assistant Manager a specific reteicncc is to be had to the work of supervising and controlling the work of the staff, on page 22 nosvhetc any reference to such type of dirties is to be had. Therefore if the typ'cal task as enumerated on page 22 has any lelivance, particularly when the same is com- pared with the duties of the Assistant Manatei, the case of the Food Corpoiation of India is not at all supported,

10. Even the icfcicnce to individual itcivb to be noticed below typical task docs net substantiate the case of the Food Corporation of Tndia, It is not dispute and even the qualification stated the same fact that the Junior Engineer must be u diploma holder if not a degieo holder In tJrct- lical 1-ngmter. Therefore he possesses the technical know- ledge expected of the post. Hem No. 1 speaks of prepara- tion of rough drawings, work/.iite drawings cost estimates of work lequiied to be cxecu.ed, which would bs technical work but it can nevei be said ds supervisory because this work as a Junioi Engineer must perform himself, neither K.hala

11. Then comes item 3 therein the Junior Engineer has to ariange and issue muleiial to the contractors and maintain piopei accounts of receipts, issues and balances and to pre- pare recovery statement for material and other services rendered by the PCI for conliactors' accounts and to send detail^, to Assistant Manager /Senior Assistant Manager for effecting recotcrtes, Here against ii would be a sort of clerical work but not supervisory. The same can be said about item No. 4 as the Junior Engineer has to take mea- suiements ot work done by the contractors and to prepare work calculation sheets, lend charts etc. for cilculiUing quan- tities of work done here his technical knowledge comes into play, Whether in teims of technical or clerical one fast or is ceitain that it is not supervisory as in Ihc case of item No. 1 and similatly item 5 the duty casts checking bills, adjustments, transfer claims and putting up to higher officers. Nowhere there is any initiative to be shown by the Junior Engineer but only apply ia knowledge while disthaiginp these duties, Item 6 requires him to prepare and submit returns requhed from time to time which will be clerical job while item 7 he is required to perform shop- floor work by which he is expected to do even some manual work on his part. Item No, 8 speaks of ensming safety measures against accidents which was expected because of better technical knowledge. Here 'sain theic was no question rf any supervisory work und lastly there is item 9 which Junior Engineer has lo perform fnd other i elated work, as may be assigned to him. By making reference to item 9 I exhausted the entiie the task list and it would be clear that though in the Characteristics of the class the word '.supervision' is to be had, the typical task as narrated does not make any reference to the duties as supervisory or supervisoi y duties.

No reference is again needed to the duties of the Assistant Manager which make definite mention of the supervisory duties, and emphasise lite effect of the ahsencei of such a reference in the case of Junior Engineer.

12. It was not that there is merely some reference to shop work but in a letter dated 4-8-1W6 issued by the Deputy Manager (tng^.) to Shri VaghelH he Win accused ot not doing the complete work ot fixing Meicury bulbs en.rusted to him and he was tola to put portable poles on woiking points. It is true that having jegard to ihe tcchni cal knowledge, the work of fixing the poles could not be or must not be expected of him but what was expected of him to get the work done bj other employees working under him. He was indicted of having not completed the work and not for not getting the woik done by the subordinates is a significant fact. Even in letter dated 27-10-1975 lew* asked lor was refused on the ground the Shii Vughela d.d not complete the work of stitching plan*. Here again it is not said that he failed to jjet the work dene. Had the woik merely been a supervisory and if the actual work was to be carried out to somebody else, for the supervision some suitable arrangement could have been made, but the tact that his request for leave was, rejected, it was not merely a supervisory work to be done, but all the lime the physi- cal presence o£ Shri Vaghala was found rtcessary on both these occasions.

13. The oral evidence in this legard U of Shri S, J. Patel under whom Shri Vaghela during the ltlevant time was working and the witnesv referred to paje 22 of the book-let, a tefeicncc to which is already made and therefore although Shri Patol wants me to hold that the naluie of the duties of the Junior Engineer were of supervisory all the circum- stances taken together particularly the Job description speak something otherwise.

14. No doubt that Shii Veghela has not entered thq witness box but having regard to the evidence on record and particularlv the best evidence of job description, the absence of Shri Vaghela or absence of oral evidence on solemn affirmation docs not in any manner effect the em- ployees case and I am convinced that by virtue of the nature of duties Shii Veghela, was, a workman as defined under Section 2(s) of the Industrial Disputes Act an*j not merely performing the supervisoiy and managerial functions as tried to be established.

14A. Once we ariivc at this conclusion and once was find that Shri Vaghale was continuously in the service for morfe than two yeais, whether he continued to be temporary or whether he was made permanent, assumes no importance because in both the cases the service continues for more than one year and in the present case it is more than two years, the provisions of Section 25F would be very much attracted.

15. Once this? finding is arrived at the question is wheiher the conditions for termination of service effectively laid down under Section 25F have been fulfilled. In this re- gard reference is made to the fact of payment ->f Rs. 1356.40 on 15-12-1977 which amount consists of Rs. 678,20 one months' notice pay and Rs. 339.10 by way of retrenchment compensation aj the rate of 15 day? salary of each com- pleted year of service. It was urged that seven if on 3-1-1977 when the services of Shri Vaghcle and others were terminated, no such payment was either made or tendered but since on 15-12-1977 at least the same Las been made, the ingredients of Section 25F of the Act shall be deemed to have been fulfilled absolving the Food Corporation of India from any additional responsibility. A ulain reading of Section 25F of the Act would negative the said conten- tion and further it has been held by the Lordships of the Supreme Court in Bombay Union of Journalists and others Vs. State of Bombay, 1964 (I) T.IJ, page 351 that condi- tions laid down in clauses (a) and (b) ate obligatory and that these provisions have to be satisfied before a workman can be retrenched, Their Lordships further hold that the hardship resulting from retrenchment has been partially lcdic^scd by these two clauses. Once this fact is borne in mind wh?n admittedly the fulfilment of the conditions was not at the time of termination but much time thereafter,

3666 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASV1NA 17, 1904 [PART II—SEC. 3(ii)

the only conclusion possible is that the temiimtion cannot te said to be valid and legal.

employed by the Oil and Natural Gas Comimsiion on explo- ration drilling operations at Ghotaru in Jaisalmer District of Rajasthan State from the operation of the provisions of Chapter VI of the said Act except section 36 and sections 40 to 46 (both inclusive) and section 43 thereof, subject to the conditions that the said persons : —

(i) shall not bo employed for more than twelve hours

on any one day,

(ii) shall not be employed for moie than fourteen days

at a stretch, and

(iiO shall, after they have worked for fourteen dayLS at a stretch be granted rest for a period of not less than fourteen days.

[No. S, 29O14/5/81-M.1] 16. The workman is clamouring for back wipes and re- instatement against which the contention of the Food Cor- poration of India is thiit from 8-7-1977 the employee is in ihc service of the Rajkot Municipal Corporation and is gainfully employed. So far as the relief of reinstatement is concerned which nounally would follow if provisions of Se< ton 25F are found to be violated, the case of the Food Coiporation. U that because of reduction in work as the import of Food Grain* has dwindled, the stall including the junior I'ngincer referred in the order dated 3-1-1977 was found to be surplus and theiefore was requiied to be sent home. This contention of the Food Coiporation was not in any manner challenged by the workman and if there was no work with the Food Corporation thevei cannot be any question of reinstatement. Otherwise such an employee would certainly prove to be a burden since ho would be idling without any work. The circumstances therefore, do not justify the order of rcmstatement.

17. That the workman was gainfully employed, which contention of the Food Corporation of India is also not refuted by the employee, The record theiefore speaks that from January, 1977 till July, 1977 Shri Vaghcla was unem- ployed but in Tuly, 1977 he could secure wi employment with the Rajkot Municipal Corporation. It is not his case (htreby thai his chances were affected. Having iegaid to the petiod of unemployment and regarding that the provi- biono of Section 25F have been violated although the re- trenchment was foun^ to bo not effected legally, the only relief permissible is to awaid compeasalion in the light of what pay Shri Vaghela was drawing and since he was draw- ing more than Rs. 700 per month, on. the two counU stated, the payment of compensation of Rs. 10,000 in my view would meet the ends of justice.

Award accordingly. No order as to costs.

Dated.—25-8-82.

M. A. DESHPANDE, Presiding Officer [No. L-4?012(34)/77-D. II(B)J

S. S. PRASHER, Desk Officer

S.O. 3535.—In exercise of the powers conferred by sub- section (1) of section 83 of the Mines Act, 1952 (35 of 1952), the Central Government hereby exempts the per- sons employed by the Oil and Natural Gas Commission on exploration drilling operations at Gandak in District Bctliah of the State of Bihar from the operation of the provisions of Chapter VI of the said Act except section 36 and sections 40 to 46 (both inclusive) and section 48 thereof, subject to the conditions, that the said persons :—

(i) shall not be employed for more than twelve hours

on any one day,

(ii) shall not be employed for more than fourteen days

at a stretch, and

(iii) shall, after they have worked for fourteen davs. at a stretch, bo granted rest for a period of not less than fourteen days.

[No. S-29014/4/82-MIJ

J. K. JAIN, Under Secy.

New Delhi, the 25th September, 1982 New Dtlhi, the 24th September, 1932

S.O. 3536.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Central Gov- ernment Industrial Tribunal No. 3, Dhanbad, in the indus- S.O. 3534.—In exercise of the powers conferred by sub- section (1) of section 83 of the Mines Act, 1952 (35 of 1952), the Central Government hereby exempts the persons

3667

trial dispute between the employers in 1 elation to the man- agement of Juykav Nnga' Colliery, Eastern Coalfields Limited, Post Office Javkay Nagar, District Buidwan and their workmen, which was iccoi\ed tay the Central Govern- ment on the 21st September, 1982.

BEFORE Jtib CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-I.ABOUR COURT, NO. 3. DHANBAD theic were seveial meetings between the union and the management but to no eilect. Lastly a letter dated 11-10-76 wa.s sent to the A . L . C A C) -aising the dispute but there also die matici was delayed and after scvoial correspondence th^ic was conciliation .\hich ended in Cailuic and thereafter the present iciciencc was made.

Reference No. 53 80

PRESENT :

Shi i J. N. Singh, Pi aiding OHicer.

PARTIES :

hmployeis in relation to the management of Jaykny Nag-n- Colliery, Eostrrn Coalfields Ltd, IJ,O Joy- ktiyni>5,ir, Dist, Hindwan.

.V It is submitted that the concerned workman was an employee of the management alter nationalisation but he was icfuscd employment b\ the prestnt management with ellccl from 1-4-1974, hence he is entitled to be reinstated with lull back waces. U is also submitted thdt though the other thiee pei-.on* weie gi\en employment by the manage- ment only the concerned workman was kit out for icasont best known to the management.

AND

Their workman

APPEARANCES :

For the Employeis—Shu R. S. Muitiiy, \dvoeaie. Foi the Workman—Shri B. Lnl, Advocate.

INDUSTRY : Coal. STATE : West Bengal.

Dated, the 16lh Septmbei, 1982

h. 'I he management has contested the case and their de- fend i, that Mic present inference is not maintainable be- cause th; dispute if auv is in relation to the management oh K.T .S. Chalbalpur Collieiy and their vvuikrrcn but 1hc Reference shows that it i> between the Jujkiniigai Collieiy and their workmen. According to the mt.n igemcnt Ja>kay- iijgur Colliery is a separate identity altogether and has nothing to do with K.L.S. Chnlbiilpui Colliery except that the Agent's office of both Chalbalpur and l.iykavnagat are located in Jaykaynagar m the same premises. It is also stated that the ptesent leFernece is also stale hii\inj> been made after six. years.

AWARD

The Govl. of India in the Ministry of labour in excicise of the powers conferred on them u/s lO'.OUU of the Indus- trial Disputes Act, 14 of 1947 has rofcired the dispute to this Tribunal for adjudication under Order No, L-19012(2!O/ 8O-D.1V(B) dated tho 16th September. 1980.

SCHEDULF

"Whether the action of the management of K.L.S. Chalbulpur Colliery under Jaykaynagar Cnllicly oi hastern Coalfields Umi'ed, P.O. Jaykaynagar, Di,st. Burdwan in refusing the employment to Shri Mahapati Singh, Quarry Supervisor with effect from 1-4-1974 was justified? If not, to what lelicf it. the concerned workman entitled?"

2. The case of the workman is that for working of the quarry of Chalbalpur Colliery one Shri Ganapati Singh was engaged as Contractor who was employing about 300 work- men including the- conetmed workman Shii Mahapnti Singh as Quarry Supervisor and in Maich, 1974 the- basic pay of the concerned workman was Rs. 405 p.m. 'I he job of the concerned workman wa,s to measure by tape the stack of coal cut, earth-cut as well a* the quantity of coal trans- posed to the Company.

3. It is stated that the concerned workman. Shii Mahapati Singh joined his service in or about I960 and his name was entered in the Coal Mines Piovidenl Fund register a^, well as in Form 'B' register.

4. It is further stated that the Contiactor Shii Ganapati Singh was allowed to continue in the .-ollieryi even after lake over till March, 1974 and as per Nationalisation Act all the workmen employed in the mine which included quany also were to be observed with effect fmm 31-1-1973 by the Central Government. In Maich, 1974 however the work of the quarry was exhausted and the present management recognised all the 300 workmen woiking in the said "quarry including the concerned woikman aa their own employee and undertook the tcsnorsibihty of providing them wilh suitable alternative employment and they weie also trans- ferred to different collieries under the; Eastern Coalfields. It is alleged that the transfer order was however not com- municated to the concerned woikman though his name was included in the list of tian.sfcr. When the concerned woik- man found that except him and three others viz. Hanamali Pradhan, Trinalh Swai and Panchanan Hisoi the lest of the company workers had already joined ISanji Maha\i Colliery on tinnslcr. He along with three odiets went there to join in May or June, 1974 but they were not plo- vided with any job, He then approached the union and 7. According to the management the K.L S. Chalbalpin Cejlieiy which is a small unit had a quaay which was being inn thioiifih A eontiactoi Shti Ganapati Singh at the time of take over. This conduct system tonlinued till about February, 1974 and 'he work was dcpaitmentaliscd from M'arch, 1974. All employees of the contractor who were working undt_r him and were available at the time of take over weie employed by the picsent management as per in- stiuction issued by the Cential Government. It is also slated thai the work ot the conti actor was supei vised by himself and his brother Shri Dalpat Singh Shri Dalpat Singh, however, was not interested in joining the public sector enterprise and though he was accepted as an employee of the conti actor he declined to join the post. It is submitted that the concerned workman Mahapati Singh who is brother of Shii Ganapati Singh was never jn employee of the conti actor, Ganapati Singh but he surcptitiou'sly smuggled his name in Form 'B' register. According to the management Shii Mahapati Singh the concerned workman was nevei an em- ployee even of the contractor and hence he was not taken by the management nor ary employment was refused to him. The very relationship of employer and employee has been denied and it is prayed that the Reference be cicided in favour of the management.

H. The point for consideration is as to whether the action of the management of k.T .S, Ch-iibaipur Colli-iy under Liykaynagar of hastei n Coalfields in refusing employment to Shri Mahapati Singh the concerned workman with effect from 1-4-1974 i\ justifid. If not to what relief the con- cerned workman is entitled.

9. It is not denied, iath;r it is admitted that the Chal- balbalpur Colliery was being um by the contractor Shri Ganpati Singh till Lehruarv, 1974, It is also admitted that the concerned workman is own brothei of Shri Ganapall Singh. Tf is also admitted by the management that all the employees woiking under Ganapati Singh weie taken as employee under (he management with effect fjom March or April, 1974. It is also not denied that the three other workman wciv taken in employment subsequently by the present management. Thi, is also apparent from the An- nexuie H attached with the written statement nf the con- cerned workman,

10. The only qr"stion to be considc-ied, therefoie, is us to whether th^ concerned woikman Mahipati Singh was nn employee under his brother Ganapaii SinjJi, Cinti actor or not,

11. Tn snppoit of it the concerned workman has filed Fjct. W-l which is Form 'IV register (attendance icqi'tei ) of the colliery which is for the period fiom 10-12-73 to 2^-12-73 It would show that Mahapati Singh was working as a Super-

3668 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART H—SHC. 3(ii)J

visor and his attendance was lecordcd as such. Ext. M-l is the Foim 'B' icgisier in which the name ot Mahapat Mngti is mentioned unuer SI. No. JA.

12. The c.iit of the management, however, is that Maha- pat Singh got Ins nams sunepuiiouitly mentioned Jn Foim U' register. BIA ihis allegation of the management has not been SLibijLintiuted by any cwdencc. 'ihe soh.aiy witness examined on behalf oi the management is MW-1 bhn &. K. Ambastj who "as Manager of K.LS. Cholabalpui Colliery trom August, 19/2 to Dewnibci, 1975. He has pioved 1he Foim 'B register but he has nowhere staled that in I'Orm 'B register me niimc ot the concerned woiknvan v"as men- tioned surreptitiously. In his very chief he has admitted that Mahapat Singh and Dalpat Singh were younger bro- thers of Ganapati Singh and they were also supervising the

quarry work- Ihis witness has further staled in para 7 of

his crosiS-cxamination that the atlerdanee ot wotkmen who worked in quuiry is marked in Form 'D' tegister and the attendance of Mahapat Singh was being marked in Form T>' register that is the attendance register, He hus further admitted that Mahapat Singh was also a m;mbei of Coal Mines Provident Fund. Ihis witness admits ihat Form D jcgister Lxt. W-l beais his signature and it contains the name ot the concerned workman. Rather this legister has been proved by this witness himself,

13, la view of the above evidence of the management witness, it cannot be denied that the concerned workman was working undei his bi other Ganapati Singh, contractor and his name continued in the atlendence legister even after take over of the mine. His name also appear in Form B register which also bean, the signature ot MW-1 the then Manager of the colliery. As stated earlier there is no iota of evidence on behalf of the management to show that the concerned workman got his name Mtueptitiouslv men- tioned in Foim B register. MW-1 does not sjy an word about it. Rather he admits that the name of the concerned workman appears in the nttendence l e t t er Ext. W-l for the period December, 197j that " after take over.

14. In such circumstances when all the employees, of Ihe contractor were siven employment by the present manage- ment, there is no reason as1 to why the concerned workman was refused his employment. The fact that the concerned workman was an employee of the present management is thus proved from the above two registers and is also sup- ported from the fact 'hat the concerned workman was a member of Coal Mines Provident Fund since 1972- It was not possible if the concerned workman was not an rm- ployee of the colliery.

15. An attempt has, been made on behalf of the manage- ment to show that one Muhapat Singh was an employee of the management but the concerned workman is Muha- pati Singh and is thus a diffcient person, In the terms of Reference the name mentioned in Mahapali Singh. But thi*^contention of the management is of no avail. MW-1 has stated in para 7 of his cross-examination that he ie- cognfeed Mahapati Sinjjh and in Court he identified the concerned woikman Mahapati Singh. He has further stated in his very chief that the concerned workman is the said Mahapat or Mahapali Singh. Thus it is proved that Mahn- pat Singh or Mahapati Singh is the same peison namely the concerned workman, The concerned workman has also stated in his evidence that ho was working as Supervisor in Chalbalpur Colliery since prior to the nationalisation and even after that. Ho has also stated that rn\ name was cnleied in Foim B attendance register. He nus submitted that the action of the management in refusing the employ- ment is illegal. He has- denied that he got his name sur- reptitiously entcied in Form D register. The evidence of Lhe concerned workman is thns supported by the evidence of MW-1 as also the documents filed in Ihis case

16, Another objection of the management is that the Re- ference is with regard to Juykaynagai Colliery but the con- cerned workman was en employee of K.L.S. Chalbalpur Colliery. Thi Reference Tvou1d fuither show that (he K.T S. Chalbalpur Colliery has risen shown unJer Jaykaynagar Colliery of Pastern Coalfields. The workman has stated in his evidence that after nationalisation three collieries have b:en merged into one colliery and the office of tho Agent is in Jaykaynagar Colliery who look5 after Chalbalpiu Colliery also. Even MW-1 ha<, stated in his veiy chief that the K.L.S. Chalbalpur Colliery h now existing as a con- stituent oi Chalbalpur mine under Jaykaynagar. This clearly shows that the K.L.S. Ch.ilbalpur Colilety is under the management of Jaykaynagar and hence the Reference can- not be said to be bad on that score.

17. Comidcnng the tvidtnee on record and facts and ciicumMances of the case, I hold that the concerned work- man was an employee of the present management and the action of the management in refusing him employment with effect from 1-4-1974 is ur justified and illegal.

18. The next question is as to what icliet lh; concerned workman is entitled. As the refusal was illegal the con- cerned worokman is entitled to leinsiatcment. The ques- tion, however, is as to from which date. The lefusal is fiom 1-4-1974 but it will appear that no action was taken by the union ur the concerned workman for rcdiess of his giievuncc for so many ycins, Fven the wirltcn statement of (he concerned woikman would show that for the fiflst time the matter was taken up bv the union in the year 1976. No document ha-, btcn filed to show that the matter was in fact persucd by the union or the concerned work- man fiom the year 1974. Mention of certain conferences between he A.L.C, and the management has, been made in the written statement of the concerned workman in the year 1979 or 1980 but they ate not suppoiterj by any docu- ment. In such circumstances the ends of justice will be met if the concerned workman is taken in employment fiom the date or the Reference i e. 16-9-1980.

19. It is therefore directed that the concerned workman should be tak:n in employment by the present management with effect from 16-9-1980.

20. The award is given accordingly.

Sd/-

J. N. SINGH, Presiding Officer

[No. L-19012(28j/80/D.IV(B)l

New Delhi, the 27th September, 1982

S.O. 3537.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of N47), the Central Government hereby publishes the following award of the Central Govern- ment Industrial Tiibunal No. 3, Dhonbad, in the industrial depute between the employcis in relation to the management of Dhemomain Colliery of Messrs Eastern Coalfields Limited, and iheir workmen, which was received by the Central Gov- ernment on the 21-9-82.

BEFORE THE CENTRAL GOVT. INDUSTRlAI TRIBUNAL-CLIM-LABOUR COURT NO " DH-ANBAD

Reference No. 7/82

PRESENT :

Shri J. N. Singh,

Presiding Officer.

I'ARTIES :

Hmployers in relation to the management of Dhemomain

Colliery of M/s. Eastern Coalfields Ltd.

AND

Their workman

APPEARANCES :

For the Employers—Shri B. N. I ala, Advocate.

For the Workman—None.

INDUSTRY : Coal, STATF. : West Bengal

Dated, the 14th September, 19H2

AWARD

The Govt. of India in the Ministry of Lab-oui in exercise of the powers conferred on them U A 10(l)fd) of the In-

3669

dustiial Disputes Act, 14

SCHEDULE

"Whether the action of the Agent, Dhemomain Collieiy of M/s. Eastern Coalfields Ltd, in slopping Shvi Nehar, Driller with effect from 21-2-1981 is justified? If not, to what lelicf is the woikman concerned entitled ?"

2. On receipt of the Reference notice was given to both the parties to file their lespeclivc written statements.

3. On 13-9-1982 both the parties have filed a joint settle- ment signed on behalf ol the management as also on behalf of the workman setting out the terms of settlement with a prayer that the terms be accepted and the award be passed in terms thereof,

1. I have gone through ihe settlement und it is beneficial for the concerned woikman .

4. Accordingly Ihe award is passed in terms of the settle- ment filed by the parties which shall foim pait of Ihe award

Enc : Settlement.

J. N. SINGH, Presiding Officer.

BEFORE THE HON'BLE PRESIDING OFFICER, CFNTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO, DHANBAD

In the matter of Reference No. 7 of 1982

PARTIES :

Employers in relation to the ManaKement of Dhememam Colliery of M/s. Eastern CoalMeds Limited

AND

Their Woikmen

Joint petition of Compromise :

Both the parties herein concei ntd most respectfully Shewelh :

1. That the Central Government by theii order No. L- 19012 (64),'8I-IV(B> dated 22-1-82, icfetred the fol- lowing issue for adjudication by the Hon'ble Tiibunal.

"Whether the action of the Agent, Dhemomain Col- liery of M/s, Eastern Coalfields ltd., in stoppinn Sri Mchoi, Driller with effect from 21-2-81 is justified'.' II not, to what relief is the woikman -•oncerned entitled .'

2 That the matter has not yei been heard hy the Hon'We Tribunal and the matins is pending.

3. Thtt both the paities jii the meantime, mutually dis- cussed Ihe instant matter and have settled the same m the following Terms :•—•

'a) That the Employes sh.ill allow Sri Ram Nehou,. Driller within 7 days fiom the date of signing of this Petition of Compromise to lesume his original duty us Driller in the talegoiy and on the Wages as on ,' 1-2-81.

(h) That Ihe peiiod of non-employment and the con- cerned woikman fi om 21-2-81 til the dale of lcsumption of duty will be treated as lenv'c without pay.

(b) That the PCI iod of non-employment and ihc cun- for any back wa^cs foi the s;iid peiiod oj non- employment.

(,d) That the continuity of service will be treated only for the purpose of Gratuity and seniority.

(e) That by this settlement, the instant dispute is fully and finally resolved.

if) That neither party shill be entitled to any cost and the parlies will bear their respective cost of this proceeding,

4. That both the parties submit that the Honourable Tribunal may be pliMsed to accept Ihe aforesaid terms & conditions as agreed by both the parties, for maintaining hoimonious relation between the parties and Industrial peace at the Establishment.

5. That both the patties Jointly Pray that the Hon'ble Tribunal may be pleased to accord approval to the pioposed kettlcment, which is considered by both the parties as quite fair and leasonable and pass the award accordingly treating this settlement ;

And for this your Petitioners shall ever pray.

Dated, (he 6th. Scptcmbei, 1982.

Sd/- illegible

For and on behalf of the For and on behalf of

Workman :

the Employers :

J. N. SINGH, Presiding Oflkei,

fNo. L-19012l64)/81-D,lV(E)J

S, S. MAIJTA, Desk Officer.

3670 THE GAZETTE OF INDTA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART I I - S E C. 3(ii)]

New Delhi, the 23rd September, 1982

SO 3538.—Whcicas Messrs Jndiyn Oxygen Limited Shakar Hhawan, Faleb Maidan Road, HvdeiabaU-500004 (AP/1951) and Indian Oxygen Limited, Bhaskar Bhawan, Vizag-Bhimli Road, Visakhapatnam-530013 (AP/236), (hereinafter ieferred to as the said establishment} have applied fot exemption under sub-section (2A) of section 17 of the Employees' Pro- vident Kinds and Miscellaneous Provisions Act, 1952 (19 of 1952) (hereinafter referred to as the said Act);

And whereas the Central Government is satisfied that the emplo>ecs of the said establishment aie, without making any scpai ate contribution or payment of premium, in enjoyment of benefits under the Group rnsuiancc Scheme of the Life Insurance Corporation of India in the nature of I ife Insur- ance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter lefencd to as the said Scheme);

Now, therefore, in e\ercise of the powers confeficd by sub- section (2A) of section 17 of (he said Act and subject to the conditions specified in the Schedule annexed hcieto, the Ccntial Government hereby exempts the said establishment from the operation of all the provisions of the snid Scheme for a period of three years.

SCHEDULE

1. The employci in i elation to the said establishment shall submit such leturns to the- Regional Provident Fund Com- missioner, Andhra Pradesh maintain such accounts and provide Lor such, facilities for inspection, us the Central Government m.iy direct from time to time.

2. The employer shall pay such inspection chaises as the C entral Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of (he said Act, within 15 days from the dose of eveiy month,

3 All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment ot insurance picmia, transfer oi accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employei shall display, on the Notice Board of the establishment, a copy of the rules ol the Group Insuiance Scheme as approved by the Central Government and, as ami when amended, alonguith a tt mslation of the salient fcatuies thereof, in the language of the majority of the employees.

5. Where the employee, who is already a member of the Employees' Provident Fund or 'he Provident Fund of an establishment exempted under the said Act, is employed m his establishment, the employer shall immediately enrol him as " member of the Group Insurance Scheme and pay titces- saiy premium in lespect of him tu the Life Insurance Corpo- ration of India.

6. The employer shall mrtn^e to enhance the benefits available to the employees under the Group Insurance S.hcme aopropiiately, if the benefits available to the employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme arc more favourable to the employees than the benefits admissible under the said Scheme,

7. Notwithstanding anything conUined in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme he less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the Icjjal heii/nominee of the employee a> compensation.

3671

E. Nn amendment of (he provisions of the Group Insurance Scheme shall be made without the prior approval of the Reftional Provident Fund Commissioner, Andhra Pradesh and where any amendment in likely to affect adversely the inte- rest of the employees, the Regional Provident Fund Com- missioner shall before giving his appvovHl, juve a reasonable opportunity to the employees to explain their point of view,

t'. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of Tndia as already adopted by the establishment, or Ihe benefits to the employees under this Scheme are reduced in any manner, the exemption bhall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the premium within the due date, as fixed by the Life Insurance Corporation of Jndia, and the policy is allowed to lapse, the exemption is liable to be cancelled,

11. In case of default, ii" any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the leftal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, srnll bo that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case within 7 days of the reecipt of the sum assured from the Life Insur- ance Corporation of India.

INo. S-35014(2C2)/82-PF.lI]

758 Gl|82—4

3672 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART TI—SEC. 3(ii)]

S.O. 3539.—Whereas Messrs Bhomka Sttel Limited, Rcgd. Office and Works Mahadevapura Post, Whitcfield Road, Ban"alorc-56O048 (KN/4489), (heieinafter referred to a8 the said establishment) have applied for exemption under sub- section (2A) of section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) (herein- after referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the nature of Life Insur- ance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insu- rance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers conferred by sub-section (2A) of section M of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establish- ment from the operation of all Ihe piovisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to th© Regional Provident Fund Com- missioner, Karnatflka and maintain such accounts and provide for such facilities for inspection, as the Central Government may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance premia, "transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insuiance Scheme as approved by the Central Government and, as and when amended, alongwith a translation of the salient features thereof, in the language of the majority of the employees,

5. Where the employee, who i.; already a member of the Employees' Provident Fund or (he Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately cmol him iia a member of the Group Insurance Scheme and pay neces- sary, premium in respect of him to the Life Insurance Cor- poration of India.

6. The employer shall errnnge to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme are more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount thai would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of (he provisions of the Group Insur- ance Scheme shall be made without the prior approval of the Regional Provident Fund Commissioner, Kamataka, and where, any amendment is likely to affect adversely the inte- rest of the employees, the Regional Piovidcnt Fund Com- missioner shall before giving his approval, give a reasonable opportunity to the employees (o explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the premium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall bo that of the employer.

12. Upon the death of the member covered undei the Scheme, the employer in relation to the said establishment shall" ensufc prompt payment of the sum assured to the nominee/legal heirs entitled for it arid in any case within 7 days of the receipt of the sum assured from lhc Life Insurance Corporation of India.

|No. S-35014(139)/82-PF,ITl

3673

SO. 3540.—Whereas Messrs A.B.C. Engineering Private Limited, Rejjd. Office, Power House Premises, Vijaya Road, Dharwad-580001, (heicinafter rcfeired to as the said estab- lishment) have applied for exemption under sub-section (2A) of section 17 of the Employees' Provident Funds and Mis- cellaneous Provisions Act, 1952 (19 of 1932) (hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment of premium, m enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the nature of Life Insur- ance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1S>76 (hereinafter lefened to as the said Scheme);

Now, therefore, in exercise of the powers confeired by sub-section (2A) of section 17 of the said Act and subject to the condition^ specified in the Schedule annexed heieto, the Central Government hereby exempts the said establishment from the operation of all 1he provisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner, Karnataka maintain such accounts and provide for such faciltics for inspection, as the Central Government may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

W4 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART I I - S E C. 3(ii)]-

,3- AH expense* involved in th© administration of tile Group Insurance scheme, including maintenance ot accounts, sub- mission of returns, payment of insurance preinm, transfer of accounts, payment ot inspection chaigc>, etc. shall be borne by the employer.

4. Th© employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group insurance 6cfieme as approved Dy the Central Government and, as and wnen amended, alongwnh a translation of the salient features thereof, in the languag* of the majority of the employees.

5. Where the employee, who is already a member of th^ Employee*.' .Provideni. irund or the Provident Fund of an establishment exempled under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance, Scheme and pay neces- sary premium in respect of him to the Life Insurance COIDO- ration of India.

6. The employer shall arrange to enhance the benefits avail- able to the employees under the Gioup insurance Scheme appropriately, if the benefits available to thc employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme arc more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the dea:h of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without the prior approval of the Regional Provident Fund Commissioner, Karnataka and where any amendment is likely to siffect adversely the interest ot the employees, the Regional Provident Fund Commissioner shall before giving his approval, give n reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, th© employees of the establish- ment do not remain covered under the CSvoun Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employee*, under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay ths premium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case -within 7 days of the receipt of the sum assured from the Life Insur- ance Corporation of India.

{No. S-35014(J28J/82-PF.IIl

3675

S.O. 3541.—Wheieas Messrs T.T. (Private Limited, Engi- neeis, Dooravaninagar, Bangaloie-56U016 (KN/1132), (here- inafter relerred to as the said establishment; hav,> applied for exemption under sub-section (2A) of section 17 ot the Em- ployees' Provident Funds 'md Miscellaneous I'uivisions Act, 1952 (19 of 1952) (.hereinafter reicucd to us the suid Act;;

And whereas, the Central Government is satisfied that the employees of tho said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits tinder the Group Jnsmanec Scheme oi ihc Liie Insurance Corpoiation of India in tho nature oi Life Insur- ance which arc more favourable to such employees that the benefits admissible under the Employee* Deposit-linked Insur- ance Scheme, 1976 (hereinafter leferrcd to as the said Scheme);

Now, therefore, irl exercise of the powers conferred by sub-section (2A> of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempt1; tho said establishment from the operation of all the pioviiions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Piovident Fund Com- missioner, Karnataka maintain such accounts and piovicle foi such facilities for inspection, fis tho Central Government may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (ai of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance premia, transfer of accounts, payment of inspection chaifiet, etc. shall be borne by the employer.

4 The employer shall display, on the Notice Boaid of the establishment, a copy of the rules of the Group Insurance- Scheme as approved by the Central Government and, as and when amended, alongwith a translation of the salient features thereof, in the language of [he majority of the employees.

5. Where thc employee, who in already a member of Iho Emnlovees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- saiy premium in respect of him to the Life Insurance Corpo- iation of India.

6. The employer shall airange to enhance tho benefits available to the employees under the Group Insurance Scheme nppiopriatcly, if the benefits available to the employees under the said Scheme are enhanced, so that thc benefits available under thc Group Insuiance Scheme are more favotuable to the employees than the benelits admissible under the said Scheme.

7. Notwithstanding anything contained in the Gioup Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covorcd under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment oi the pr->vi\ions of the Ciioup Insur- ance Scheme shall be made without thc prior approval of the Regional Provident Fund Commissioner, Karnataka and where any amendment is likely to affect adversely the interest of the employees, the Regional Provideni Fund Commissioner shall before giving his approval, give it reasonable opportunity to the employees to explain their point of view,

y. Wheie, for any reason, the employees of the establish- ment do not remain coveted under the Group Insurance Scheme of the Life Insurance Corporation of India an already adopted by thc establishment, or the benefits to the employees under this Scheme are reduced in any manner, thc exemption shall be liable to be cancelled.

10. Where, for any reason, thc employer fails to pay the premium within the due date, as fixed by thc Life Insurance Corporation of Jndia, and Ihe policy is allowed to lapse, tho exemption is liable to be cancelled.

Jl. In case of default, if any made bv Ihc employer in payment of ptemium the responsibility for payment of assur- ance benefits to tho nominees oi the legal hciis of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall be that of thc employer.

12, Upon the death of the member covcied undei the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case within 7 days of thc receipt of the sum assured from the Life Insurance Corporation of India.

[No. S-35O14(I18)/R2-PF.II]

3676 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

S O. 3542.—Whereas Messis Co-opciative Central Bank Ltd., No. 2965, Hlura (Andhra Pradesh) (AP/2350), (hereinafter referred to the said establishment) have applied foi excmplion under sub-section (2A) of ucction 17 of the Employees' Pro- vident Funds and Miscellaneous Provisions Ad, 1952 (19 of 1952) (hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the miluic of Life Insur- ance which arc more favourable to such employees that this benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter icfetred to as the said Scheme);

Now, therefore, in exercise ol the powers conferred by sub-section (2A) of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establishment from the operation of all ihe provisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Piovident Fund Com- missioner, Andhra Pradesh maintain such account;, and pro- vide for such facilities for inspection, as the Central Govern- ment may direct from time lo tim;.

2. The employer shall pay such inspection charges a,s the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days ftom the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance prcmia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of (he establishment, a copy of the rules of the Group Insurance Scheme as approved by the Centitil Government and, as and when amended, alongwith a tiaaslation of the salient features theieof, in the language of the majoiity of 1be employees.

5. Where the employee, who is alieady a member of the Employees' Provident Fund or the Provident Hind of an establishment exempted under the said Act, ig employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him to the Lift- Insurance Coi- poration of Tndia,

6. The employer shall arrange to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme are more favourable to the employees than the benefits admissible, under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

3677

8 No amendment of the provisions of the Group Insurance Schemo shall be made without the prior approval of the Regional Provident Fund Comminioner, Andhra Pradesh and where any amendment is likely lo affect adversely the interest of the employees, the Rcgion.il Provident Fund Commis- sioner shall before giving hh approval, give a reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme arc reduced in any manner, the exemption shall be liable lo be cancelled.

10. Wheic. for any reason, Ihe employer fails to pay the premium within the due date, as fixed by the Life Insuinnce Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased membei s who would have been covered under the said Scheme but for grant of this exemption, shall be th.it of the employer.

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled foi it and in any case within 7 davs of the receipt of the sum assured from the Life Insurance Corporation of India.

[No. S-3S0I4dl7)/82-PF.IH

S.O. 3543.—Whereas Messrs Cqrpac, Ghodasar, Maninagar, Anmcdabad-380008 (GJ/941-A), (hcieinafter referred to HS the said establishment} have applied for exemption under sub- section (2A) of section 17 of the Employees' Piovident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), (here- inafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any

3678 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(iiJ]

12. Upon the death of the member covered under the Scheme, the employer in relation to the snid establishment shall ensure prompt payment of the sum assured to the nominec/legalTielrs entitled for it and in uny case within 7 days of the reecipt of tho sum nssurcd fiom the Life Insurance Corporation of Tndla.

separate contribution or payment of picmium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the nature of Life Tnsuinnee which arc more favourable to such employees that the benefits admissible und-r the Employees Deposit-linked Insurance Scheme, 1976 (heieinaftei referred to as the said Scheme);

,fNo. S-35()14(H2)/S2-PF.ni Now, therefore, in exercise of the powers conferred by sub-section <2A) of section 17 of (he said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government heteby exempt's the said establishment from the operation of all the provisions of the said Scheme for a peuod of three yeais

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to tho Regional Provident Fund Com- missioner, Ahmedabad maintain such accounts and provide for such facilities for inspection, as the Central Government may direct from timo to time.

2. Tho employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-soction (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Gioup Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance premia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insurance Scheme as approved by tho Central Government and, as and when amended, alongwith a transition of the salient features thereof, in tho language of the majority of. the employees.

5. Where the employee, who is already a member of the Employees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in nrs establishment, the employer shall immediately enrol him as a member of the Group Insurance Schema and pay neces- sary premium in respect of him to tho Life Insurance Cor- poration of India.

6. The employer shall arrange to enhance the benefits available to the employees undjr the Groim Insurance Scheme appropriately, if the benefits available to 1hc employees under (he Grourt Insurance Scheme are more favourable to the em- ployees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Gioup Insur- ance Scheme, if on the death of an employee the amount payable under thiH scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the emnlover shall pav the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without the piior approval of the Regional Provident Fund Commissioner, Ahmedabad and where any amendment is likely to affect adversely Ihe interest of the employees, the Regional Provident Fund Commissioner shall before Riving his apnroval. Rive a reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insiirnn^o Scheme of (ho Life Insurance Corporation of India as already adopted by (he establishment, or (ho benefits to the e m n ^ e es Tinder this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for nny reason, the employer fails to pay the premium within the due date, as fixed bv the Life Insurance Corporation of India, and the policy is allowed to lapse, the fxeniDtion is liable to be cancelled.

11. in case of default, if anv made hyi Ihe employer in vnyment of premium the responsibility for payment of"assur- ance benefits to the nominees or the leeal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall be that of Ihe employer.

3679

S.O 3544.—Whereas Messis Purolator India Limited 14, Sector 1, Industrial Area, Parwanou-173220 (H.P.) (PN/46H9) (hereinafter rcfeired to as the said estLiblishment) have applied for exemption undei' sub-seclion (2A) of section 17 of the Employees' Ptovident Funds and Miscellaneous Provisions Act, 1952 (ly of 1952) (hereinafter referred to as the said Ad);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without maling any separate contribution or payment of premium, in enjoyment of benefits under the Group Insuiance Scheme of the Life Insurance Corporation of India in the nature of Lite Insur- ance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers conferred bv sub-section (2A) of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establish- ment from the operation of all the piovisions of the said Scheme for a period of three years.

SCHEDULE

1, The employer in relation to the said establishment shall submit such returns to the Regional Piovident Fund Com- missioner, Punjab maintain such accounts and provide foi such facilities for inspection, as the Central Government may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

758 GI|82—5

3. All expenses involved in the adminisiiation of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance piemia, lian'fer of accounts, payment of inspection charges, etc, shall be boinc by the employe).

4. The employer slinll display, on the Notice Board of the establishment, a copy of the lule^ of I he Group Insurance Scheme as approved by the Central Government and. as and when amended, r.longwith a namlation of die sfciient features theieof, in the language of the majority of the employees.

5. Where the employee, who is already a member of the Fmployccs' Piovident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insuinnce Scheme ami pay neces- sary premium in respect of him to the Life Insurance Corpo- mlioii of India.

fi. The employer shall arrnnge to enhance the benefits available lo the employees under the Gioup Insurance Scheme appiopriately, if the benefits available to the employees under the said Scheme are enhanced, so that thu benefits available under the Group Insurance Scheme are more favourable tci the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the haid Scheme, the employer shall pay the difference to the legal heir/nominee of the employee fls compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without the prior approval of the Regional Provident Fivnd Commissioner, Punjab ai^ wheic any amendment is likely to affect adversely the interest of the employees, (he Regional Provident Fund Commissioner shall before giving his approval, give a reasonable opportunity to the employees to explain their ooint of view.

9. Wheie. for any reason, the employees of ihe establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme ate reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the premium within the due date, as fixed by the Life Insurance Corporation of India, and the nolicy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would have been covered under (he said Scheme but for grant of this exemption shall be that of the employer,

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment Khali ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in case within 7 days of fhe receipt of the sum assured from the I ife Insurance Coiporation of India.

[No. S-350l4(10O)/82-PF.If]

3680 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART I I- S E C. 3(ii)]

9.0 3545.—Whereas Messrs Everst Engineering Works. Cross Cut Road, Coimbatore-641012 (TN/268), (heieinafter referred to as the said establishment) have applied for exemp- tion under sub-section (2) of section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952J (heieinafter referred to as the said ActJ;

And whcieas, the Central Government is satisfied that the employees of the said establishment are, without making uny separate contribution or payment of premium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the nature of Life Insur- ance which are more favourable to such employees that the benefits admissible under the Employee-; Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers confeired by sub-section (2A) of section 17 of the said Act und subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establish- ment from the operation of all the provisions of the said Scheme for a period of (hiee years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner, Tamil Nadu maintain such accounts and provide tor such facilities for inspection, as the Centr.il Government may direct from time to time.

2. The employer shall pay such inspection charges us the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance piemio, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insurance Scheme as approved by the Central Government and, as and when amended, alongwith a translation of the salient features thereof, in the language of the majority of the employees.

5. Where the employee, who is already a member of Iho Employees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay ncces-

3681

sary premium in respect of him to the Life Insurance Cor- poration of India.

6. The employer shall -intinge to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the sukl Scheme arc enhanced, so that the benefits available under the Group Insurance Scheme arc more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal hcii /nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without the piior approval of the Regional Provident Fund Commissioner, Tamil Nadu and where any amendment is likely to affect adversely the interest of the employees, the Regional Provident Fund Commissioner shall before giving his approval, Rive, a reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as alreadv adopted by the establishment, or the benefits to the employees under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, foi any reason, the employer fails to pay the piemium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancellei

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the lcpal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall lie that of the employer,

12. Upon the death of the member coveted under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case with 7 days of the receipt of the sum assuied from (he Life Insur- ance Corpoiation of Tndia,

INo. S-35014(99)/82-PF.II]

3682 THE GAZETTE OF INDTA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

S.O. 3546.—Wheieas Messrs Salem Coopci alive Sugar Mills Mohanui Post, P.C. No. 637015-Namakkul Taluk, Salem Pistrict tTN/4840), (hereindi'er icfencd to as ihe said estab- lishement) have applied for exemption under sub- section (2A) of section 17 of the Employees' Provident Funds and Miscellaneus Piovisjons Act, 1952 (19 of 1952), (here- inafter refcricd to as the said Act;;

And whereas, the Central Govcirmeni. is satisfied that th_- employees of. the said establishment aie, wilhout making any separate contribution or payment of premium, in enjoyment of benefits under [he Group Insurance Scheme of the Life Insurance Corpoiation of India in the nature of Life Insurance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insurance Scheme, 1976 (.hereinafter referred to as the s.ud Scheme);

Now, therefoie, in exercise of. the powers confeired by sub- sec lion (2A) of section 17 of the said Act and subject lo the conditions specified in the Schedule anrexed hereto, the Central Government hereby exempt? the said establishment from the opeiation of all ihe provisions of Ihe siiitJ Scheme foi a period of three years.

SCHEDULE

1, The employe! in relation to the said establishment shall submit such leturns to the Regional Provident fund Com- missioner, Tamil Nadu and, maintain such accounts ami provide for such facilities for inspection, as the Ccntial Government may direct from time to time.

2, The employer shall pay such inspection chaiges as th>;

Central Government may, from time to time, direct und:i clause (a) of sub-section (3A) of section 17 of the suid Act, within 15 days, from the close of cveiy month.

3, All expenses involved in the administiation of the Group Insurance Scheme, includinn maintenance of accounts, sub- mission or returns, payment of insuianec premia, transfer of accounts, payment of inspection charges, etc. shall b

4 The employer shall display, on the Notice Board of (he establishment, a copy of !"he rules of the Group Insurance Scheme as approved by the Cential Government and, as ami when arnended, alongwith ;i translation of the saJicnt features thereof, in the language of the majoiity of the employees*.

5, Where the employee, who ii already .i member of Ihe 1-mployecs' Provident Fund or the Piovidcnt Fund ol an establishment exempted under the said Acf, is employed n his establishment, the employer shall immediately tmol him as a member of the Group Jnsuiance Scheme and pay necessary premium in re'Spect of him io the- Life Insmance Corporation of Tndia.

6, The employer shall arrange to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the said Scheme arc enhanced, so that the benefits avjilnElc under the Group Insurance Scheme- are moie favourable tr> the employees than the benefits admissible under the said Scheme.

7, Notwithstanding anything contained in the Gtoup Insur- ance Scheme, if -on (he death of an employee the amount payable under this scheme be less th.in the amount that would be payable had the employee been coycied under the said Scheme, the employer shall pay the difference to the lepal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insur- ance Scheme shall be made without the prior appioval of the Regional Provident Fund Commissioner, Tamil Nadu, and where any amendment is likely to affect adversely the interest of tho employees, the Regional Provident Fund Commissioner shall befotc giving his approval, give a icasonable oppor- tunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain fQvcied under fhc Group Insurance Scheme of the Life Insurance Corpoiation of India as already adopted by the establishment, or the benefits to the employees unJcr this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails lo pay th3 premium within the due date, as fi\cd by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance bencfiN to the nominees or the legal heirs of deceased membeis "who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in i elation lo the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any caso within 7 days of the receipt of the sum assured fiom Ihe Life Insurance Corporation of India.

[No. S-35O14(83)/82-PF.U]

3683

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any scpaiate contribution or payment of premium, in enjoyment of benefits under ihe Group insuiancc Scheme of the Life Insutance Corpoiation of India in the natuie of Life Insuiance which aie more favourable to such employees that the benefits admissible undei the l-mployccs Deposit-linked Insurance Scheme, 1976 (hereinafter rci.cned to as the said Scheme);

Now, therefoie, in exetciso of the powers eon£eir"U by sub-section (2A) of section 17 of the said Act and subject to the conditions specified in (he Schedule annexed heieto, the Cential Government hereby irxrmptq the said establishment from the operation of all the provision^ of the said Scheme foi a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such ictums to the Regional Provident Fund Commis- sioner, Ahmadabad and maintain such accounts and provide tor such facilities for inspection, as the Central Government may direct from time to time.

2. The employer shall pay such inspection chaigcs as the Central Government may, trom time to time, direct under clause (a} of sub-section (.3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administialion of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance premia, transfer of accounts, payment oi inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Boaid of the establishment, a copy of the niley of the Group Insurance Scheme as approved by the Central Government and, as and •when amended, alongwith a translation of the salient features thereof, in the language of the majority of. the employees.

5. Where the employee, who is already a member of tne Employees' Provident Fund ur the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- sary piemium in respect of him to the life Insuiance Corpo- ration of India,

6. The employer shall unaiifje to enhance the benefits available to the employees uucUr the Group Insuiance Scheme appiopiiately, if the benefits available to the employees under the said Scheme are enhanced, so th it the benefits available under the Gioup Insutance Scheme are more favourable to Ihe employees than the bent-fits admissible under Ihc said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been coveied undei the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insur- ance Scheme shall be made without the nrior approval of the Regional Provident Fund Commissioner. Ahmadabad and where anv amendment is likely to affect adveisely the, inlc- lest of the employees, the Ruj5ion.1i Provident Fund. Commis- sioner shall before giving his approval, jrivc a reasonable oppoitunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of [he Life Insurance Corporation of India as alieady adopted by the establishment, 01 the benefits to the employees under this Scheme arc reduced in any manner, the exemption shall be liable to be cancelled.

10. Where for any reason, the employer Jails to pay the premium within the due date, as fixed by the Life Tnsuuu ce Corporation of India, and the nolicy is allowed to lapse he exemption is liable to be cancelled.

11. In case of default, if anv made by the employer in payment or premium the responsibility for payment of assur- ance benefits to the nominees o, the IeM heirs of dec" scd S.O. 3547.—Wihcieas Messrs Ingcrsoll Rand (India) Piivatc Limited, Ci.I.D.C. Estate, Naroda Ahnwdabad (GJ/4548), (hereinafter leferrcd to as the s.iid establishment) have applied for exemption under sub-section (2A) of section 17 ot the Employees' Provident Funds and Miscellaneous Provisions1 Act, 1952 (19 of 1952], (herein;iftei lefened to a-, the said Act);

but foi Rrant of this exemption, shall bc that of (he employer.

3684 THE GAZETTE OF TNDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

12. Upon the death of the member covered under 1he Scheme, the employer in rcla'ion to the said establishment shall ensure piompt payment of the sum assuied to the nominee/lcgHl heirs entitled for it and in any ease within 7 days of the receipt of the sum assured from the Life Insur- ance Corpoiation of India,

[No. S-35014(80)/82-PF.ll1

S.O 3548.—Whereas Messrs, Mihir Textile Limited, Kho- khia Mchmedabad, AhmadabadoSOOOS (GJ/262,1, (hereinafter rcfericd to as the add establishment) have applied for exemp- tion under sub-section (2A) of section 17 of the Employers' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), (heieinalter referred to as the siud Act);

And wncicas. the Central Government is satisfied that the employees of the said establishment arc, without making any separate contribution or payment of premium, in enjoyment of benefits under the Gioup Insurance Scheme of the Life Insliianee Corporation of India in th,-, nature of Life Insur- ance which arc more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Nov.. therefore, in exercise of the powcis confcircd by sub-section <2A; of section 17 oi the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government her:by exempts the said establish- ment from the operation of fill the Diovisions of the said Scheme for a period of thtce yeais,

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner, Gujaiat and main*am such accounts and provide for such facilities for inspection, as, the Central Government may direct from time to time.

2. The employer shull pay such inspection charges as Ihc Central Government may, from time to time, diiect under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days fiom the close of every month.

3. Alt expenses involved >n the administration of the Group Insmaucc Scheme, including maintenance of accounts, sub-

3685

mission or returns, payment of insurance premia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer

4. The employer shall display, on the Notice Board of the establishment, a copy, of the rules of the Group Insurance Scheme as appioved by the Ceutial Government and, as and when amended, alongwilh a translation of the salient features theicof, in the language of the majoiitv of Ihe employees

5. Where the employee, who is already a member of the Employees' Provident I-und or the Piovident land of an establishment exempted undei the stud Act, is employed in his establishment, the employer shall immediately eniol him us a member of the Group Insuiancc Scheme and pay ne;es- saiy premium in respect of him to the Life Insuiance Coi- poiation of Jndia.

6. The employer shall arrange to enhance the benefits available to tile employees undci the Gioup Insurance Scheme appropriately, if the benefits available to the emplo>ee,s undci tho said Scheme arc enhanced, so ihut the benefits available under tho Group Insurance Scheme are moie favouiable to the employees than the benclits admissible under Ihe s.iiu Scheme.

7. Notwithstanding anything contained in ihe Group Insui- anco Scheme, if on the death of an employee (he amount payable under this scheme be less than the amount thai would be payable had the employee been covered under :hi_ said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without the prior approval of the Regional Provident Fund Commissionci, Gujarat and wheic any amendment is likely to affect adversely the intciesl of the employees, the Regional Provident Fund Commissioner shall before giving his approval, give a reasonable opportu- nity to the employees to explain their point, of view.

9. Where, for any reason, the employees of the establish- ment do not icmain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as alieady adopted by the establishment, or the benefits to the employed under this Scheme are reduced in any manner, th.: exemption shall be liable to be cancelled.

10. Where, for any reason, Ihe employer fails to pay (he premium within the due date, as fixed by the Life Insurance Corporation of India, and the policy it, allowed lo lapse, the exemption is liable to be cancelled,

11. In case of default, if any made by the cmployei in payment of premium the responsibility for payment of assm- ance benefits to the nominees oi the legal heiis of deceased members who would have been covered under the said Schcmi but for grant of (his exemption, shall be that of the employer.

12. Upon the death of the member coveicd under Ihe Scheme, the employer in relation to the snid establishment shall ensure prompt payment of the sum assured lo ihe nominee/legal heirs entitled for it and in any caie within 7 days of the leceipt of the sum assured from (he T ife Insurance Corporation of India.

[No. S-35()14(79)/82-PF.TI]

3686 THE GAZETTE OF INDIA : OCTOBER 9, 19S2/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

SO. 354**.—Whereas Messrs Kail a District Co-opeiativc Milk. Produceis Union Limited, ArundOHHUOl (GJ/3556), (here- inafter referred to as the said establishment) have applied lor exemption under sub-section (2A) of section 17 of the hmp- loyees' Provident Funds and Miscellaneous Provisions Aa 1952 (19 of 1952), (.hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any sepaiatc contiibution or payment of premium, in enjoyment ol benefits under the Gioup Insurance Scheme of the Life Insurance Corporation of India in the natuic of Life Insur- ance which, are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the poweis confcried by sub-section (2A) of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establish- ment from the operation of all the provisions of the said Scheme far a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner, Gujarat and maintain such accounts and prowde for such facilities for inspection, as ihe Central Government may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, diiect under clause (a) of sub-section (3A) of section 17 of the said Acl, within 15 days from the dose- of every month,

3. All expenses involved in the administration of the Gioup Insurance Scheme, including maintenance of accounts, sub- mission oi returns, payment of Insurance premia, transfer of accountSj payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insurance Scheme as approved by the Central Government and, as and when amended, alongwith a tiannlnlion of the salient features thereof, in the language of the majority of the employees.

5. Where the employee, who is already a member of the Lmployees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, i^ employed in his establishment, the employer shall immediately cmol him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him to the Life Insurance Cor- poration of India.

6. The employer shall arrnngc to enhance the benefits available to ihe employees under the Group Insurance Scheme appropriately, if the benefits available to the employees undei the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme are more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained In the Group Insur- ance Scheme, if on the depth of an employee the. amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal hen/nominee of the employee as compensation.

K, No amendment of the provisions of the Group Insurance Scheme shall be made without the prior appioval of the Regional Provident Fund Commissioner, Gujaiat and where any amendment is likely to affect adversely the interest of the employees, the Regional Provident Fund C ommissioncr shall before giving his approval, give a reasonable opporlunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under hte Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employee** under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the piemium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, thi exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceascsd members who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer iu relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal hrirs entitled for it and in any casp within 7 days of the receipt of the sum assured from the life Insur- ance Corporation of India.

[No. S-3S0l4(70)/82-PFII]

3687

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits under the Group Insuiance Scheme of the Life Insurance Corporation of Tndia in the nature of Life Insur- ance which are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the: cowers conferred by sub-section (2A) of section 17 of the snid Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establishment from the operation of all the provisions of the said Scheme for a period of three years

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Reijionnl Provident Fund Com- missioner, West Bengal and maintain such accounts and pro- vide for such facilities for inspection, as the Central Govern- ment may direct from time to time.

2. The employer shall pay such inspection charges as the Central Government may. from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including; maintenance of accounts, sub- mission or returns, payment of insurance premia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insurance Scheme as approved by the Central Government and. as and when amended, alongwith a translation of the salient features thereof, in the language Of the majority of the employees.

5. Where the employee, who is already a member of the Employees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately en ml him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him to tho Lifp Insurance Cor- poration of India.

6. The employer shall arrange to enhance the benefits available to the employees under the Groun Insurance Scheme appropriately, if the benefits available lo the employees under the said Scheme are enhanced, so that the benefits avalhble under the Group Insurance Scheme are more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation,

8. No amendment of the provisions of the Group Insur- ance Scheme shall be made without the prior approval of the Rccional Provident Fund Commissioner, W^st Ri-nizal nnd where any amendment is likclv to affect adversely the interest of the employees, the Rccionnl Provident Fund Com- missioner shall before living his approval, cive a reasonable opportunity to the employees to explain their point of view.

9. Where, for anv reason, the employees of the establish- ment do not remain covered under the Groun Insurance Scheme of the Life Insurance Corporation of India as already adonted by the establishment, or the benefits to the e m p W cs under this Scheme are reduced in anv manner the exemption shall be liable to be cancelled.

10. Where for anv reason, the employer fails to pay the nremium within thr due da'e. M fixed bv 1he T ife Insurance Cornornt'on of Tndin. and thr_ruiiirv is allowed to lapse, the exemption is liable to be cancelled.

S.O. 3550.—Whereas Mcssiy N.G.E.F. Limited, P.B. No. 9234, 7B-Middletnn Street, Calcutta (hereinafter referred to as the said establishment) havc applied for exemption under sub-section (2A) of section 17 of (he Employee*' Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) (hereinafter referred to as the said Act);

11. In CUSP of default, if nnv mnrle by the emninver in pnvrncnt nf premium the responsibility for nnvment of assur- ance benefits to the nominees or the legal heirs of deceased 758 G1182—6

3688 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

members who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death, of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to tru nominee/legal heirs entitled for it and in any case within 7 days of the receipt of the sum assured from the Life Insurance Corporation of India.

INo. S-35014(51)/82-PF.M]

S.O. 3551.-—Whereas Messrs Madras Forging* and Allied industries (CBE) Limited, Metiupalaym-Road, Karamadai- 641104 (TN/5499) (hereinafter referred to as the said estab- lishment) have applied for exemption under subsection (2A) of section 17 of the Employees' Provident Funds and Mis- cellaneous Provisions Act, 1952 (19 of 1952) (hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the nature of Life Insur- ance which are more favourable tc such employees that ih~ benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers conferred by sub-section (2A) of section 17 of the sciid Act and subject

3689

to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempts the said establish- ment from the operation of all the provisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner. Tamil Nadu and maintain such accounts and provide for such facilities for inspection, as the Central Government may tliiect from lime to time.

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Acl, within 15 days from the close of every month.

3. All expenses involved m the administration of the Group Insurance Scheme, including maintenance of atcounis, sub- mission or returns, payment of insurance premia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

4. The employer shall display, on the Notice Board of the establishment, a copy of the rules of the Group Insurance Scheme as approved by the Cential Government and, us and when amended, alongwith a translation of the salient features thereof, in the language of the majority of the employees.

5. Where the employee, who is already a member of the Employees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him to the Life Insurance Cor- poration of India.

6. The employer shall arrange to enhance the benefits available to the employees under the Group Insuiance Scheme appropriately, if the benefits available to the employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme are moie favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount, payable under this scheme be Icsi than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insur- ance Scheme shall be made without the prior approval of the Regional Provident Fund Commissioner, Tamil Nadu and where any amendment is likely to affect adversely the interest of the employees, the Regional Provident Fund Commissioner shall before giving his approval, give a reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the premium within the due date, as fixed by the Life Insurance Corporation of Tndia, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if anv made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case within 7 days of the receipt of the sum assured from the Life Insurance Corporation of India.

[No, S-35014(48)/82-PF.lI]

3690 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

S.O. 3552.—Whereas Messrs Krebs Engineering Private Ltd., 425. Pantheon Road, Madras-600008, (hereinafter referred to us the said establishment) have applied for exemption unde: sub-section (2A) of section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act. 1952 (19 of 1952), (hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of the said establishment are, without making any separate contribution or payment ot premium, in enjoyment of benefits under the Group Insurance Scheme of the Life Insurance Corporation of India in the natmc of Life Insur- ance which' are more favourable to such employees that the benefits admissible under the Employees Deposit-linked Insur- ance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers conferred by sub-section (2A) of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, The Central Government hereby exempts the said establishment from the operation of all the provisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said cslab'ishmcnt shall submit such returns to the Regional Provident Fund Com- rqissioner, Tamil Nadu and maintain such accounts and pro- vide for such facilities for inspection, as the Central Govern- . ment may direct from time to lime

2. The employer shall pay such inspection charges as the Central Government may, from time to time, direct under clause (aj of sub-section (3A) of section 17 of the said Act, within 15 days from the close uf every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance of accounts, sub- mission or returns, payment of insurance premia, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer*

4. The employer shall display, on the Notice Board of the establishment, a. copy of the rules of the Group Insurance •Scheme as approved by the Central Government and, as and when amended, alongwith a translation of the salient features thereof, in (he language of the majority of the employees.

5. Where the employee, who is already a member of (he Employees' Provident Kund or the Provident Fund of an establishment exempted under the said Act, is employed in his establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him "to the Life Insurance Corpo- ration of India.

6. The employer shall arrange to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the said Scheme are enhanced, so that tho benefits available under the Group Insurance Schema arc more favourable to the omployees than the benefits admissible under the said Scheme.

7. Nptwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be Jess than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insurance Scheme shall be made without thq prior approval of the Regional Provident Fund Commissioner, Tamil Nadu and where any amendment is likely to affect adversely the interest of tho employees, the Regional Provident Fund Commissioner shall before giving his approval, give a reasonable opportu- nity to the employees to explain their point of view.

9. Where, for any reason the employees of the esablish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pav the premium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would havo been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in i elation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case within 7 days of the receipt of the sum assured from the Life Insurance Corporation of India,

[No. S-35014(32)/82-PF.IIl

3691

S.O. 3553.—Whereas Messra Goetze (India) Limited, Yela- hanka, Bangalore-560064, (hereinafter referred to as the said establishment) have applied for exemption under sub-section (2A) of section 17 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) (hereinafter referred to as the said Act);

And whereas, the Central Government is satisfied that the employees of t it said establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits under the Group Insurance Scheme of the Life- Insur- ance Corporation of India in the nature of Life Insurance which are more favourable to such employees that tht bene- fits admissible under the Employees Deposit-linked Insurance Scheme, 1976 (hereinafter referred to as the said Scheme);

Now, therefore, in exercise of the powers conferred by sub-section (2A) of section 17 of the said Act and subject to the conditions specified in the Schedule annexed hereto, the Central Government hereby exempti; thc said establishment from the operation of till the provisions of the said Scheme for a period of three years.

SCHEDULE

1. The employer in relation to the said establishment shall submit such returns to the Regional Provident Fund Com- missioner. Karnataka and maintain such accounts and provide for such facilities for inspection, aG the Central Government may direct from time to time.

2. The employer shall pay suc'i inspection charges as the Central Government may, from time to time, direct under clause (a) of sub-section (3A) of section 17 of the said Act, within 15 days from the close of every month.

3. All expenses involved in the administration of the Group Insurance Scheme, including maintenance °f accounts, sub- mission or returns, payment of insurance premin, transfer of accounts, payment of inspection charges, etc. shall be borne by the employer.

3692 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART I I - S E C. 3(ii)]

4. The employer shall display, on the Notice Board of th" establishment, a copy of the rules of the Group Insurance Scheme as approved by the Central Government and, as and when amended, alongwilh a translation of the salient features thereof, in th© language of the majority of tho employees.

5. Where the employee who is already a member of the Employees' Provident Fund or the Provident Fund of an establishment exempted under the said Act, is employed in this establishment, the employer shall immediately enrol him as a member of the Group Insurance Scheme and pay neces- sary premium in respect of him to the Life Insurance Cor- poration of India.

6. The employer shall arrange to enhance the benefits available to the employees under the Group Insurance Scheme appropriately, if the benefits available to the employees under the said Scheme are enhanced, so that the benefits available under the Group Insurance Scheme are more favourable to the employees than the benefits admissible under the said Scheme.

7. Notwithstanding anything contained in the Group Insur- ance Scheme, if on the death of an employee the amount payable under this scheme be less than the amount that would be payable had the employee been covered under the said Scheme, the employer shall pay the difference to the legal heir/nominee of the employee as compensation.

8. No amendment of the provisions of the Group Insur- ance Scheme shall be made without the prior approval of the Regional Provident Fund Commissioner, Karnataka and where any amendment is likely to affect adversely the interest of the employees, the Regional Provident Fund Commissioner shall before giving his approval, give a reasonable opportunity to the employees to explain their point of view.

9. Where, for any reason, the employees of the establish- ment do not remain covered under the Group Insurance Scheme of the Life Insurance Corporation of India as already adopted by the establishment, or the benefits to the employees under this Scheme are reduced in any manner, the exemption shall be liable to be cancelled.

10. Where, for any reason, the employer fails to pay the premium within the due date, as fixed by the Life Insurance Corporation of India, and the policy is allowed to lapse, the exemption is liable to be cancelled.

11. In case of default, if any made by the employer in payment of premium the responsibility for payment of assur- ance benefits to the nominees or the legal heirs of deceased members who would have been covered under the said Scheme but for grant of this exemption, shall be that of the employer.

12. Upon the death of the member covered under the Scheme, the employer in relation to the said establishment shall ensure prompt payment of the sum assured to the nominee/legal heirs entitled for it and in any case within 7 days of the receipt of the sum assured from the Life Insurance Corporation of India.

[No. S-35O14(31)/82-PF.TIl A. K. BHATTARAI, Under Secy.

New Delhi, the 24th September, 1982

S.O. 3554.—In pursuance cf section 17 of the industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby polishes the following award of the Central Govern- ment Industrial Tribunal Ahmcdabad-1, in the industrial dispute between the employers in relation to the manage- ment of Stale Bank of India, Ahmedabad and their workman, which was received by the Central Government en the 16-9-1982.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

AT AHMEDABAD.

Reference (ITC) No. 15 of 1982

ADJUDICATION

BETWEEN

Management of State Bank of India, Ahmedabad

First Party.

AND

Their workmen.—Second Party.

In the matter of debarring Shri M. T. Punetha to ap- pear in the test for promotion aiid (topping two increments of Mrs. P. Abhaykumor, etc.

STATE : Gujarat INDUSTRY : Banking

AWARD

PART-I

This is a reference made by the Government of India, Ministry of Labour, constituting me as Presiding Officer of the Tndisstrial Tribunal with headquarters at Ahmedabdd, in exercise of the powers conferred by. Section 7A, jnd Section l(Kl)(d) of thc Industrial Disputes Act, 1947. The Reference is made by the Central Government Order No. L-12011/17/82-D. II(A) dt. 10-6-82. The dispute which is referred to this Tribunal for adjudication is stited in the Schedule to the order of reference and it relates to the dispute debarring Shri M. T. Punetha to appear in the test for promotion and stopping two increments of Mrs. P. Abhaykumar.

2. Usual notices were sent to the parties to file (heir respective statements and accordingly the Under Secretary of tho State Bank of India & Subsidiary Banks Employees' Union has filed the Statement of Claim, ex. 2. on 6-9-82. A purshis ex. 3 dt, 6-9-82 h is also been received by this by this Tribunal from the other concerned workman, Mrs. P. Abhaykumar informing this Tribunal that she is likely to go abroad shortly and that she is not willing to contest her case and as ^uch she has requested the Tribunal to permit her to part with the Reference. The Bank's representative one Shri Trivedi has also endorsed on the said purshis in token of having noted her prayer. In view of this the dispute in respect of Smt. P. Abhaykumnr stands disposed accordingly, T pass Award-Part I accordingly. The re- ference to proceed further on merits accoidlng to law Jn respect of tho dispute concerning Shri M. T. Punethn.

Ahmedabad,

the 6th September, 1982.

G. S. BAROT, Presiding Officer [No. L-12011/11/81-D, II. (A)}

New Delhi, the 25th September, 1982

S.O. 3555.—In pursuance of section 17 of ths Industrial Disputes Act, 1947 (14 of 1947), (he Central Government hereby publishes the following award of the Central Gov- ernment Industrial Tribunal No. 3, Dhanbad, in the indus- trial dispute between the employers iji relation to the man- agement of Bank of Baroda, Ramgarh, Post Office Ramgarh, District Hazaribagh and their workman, which was received by the Central Government on thc 21-9-82.

BEFORE THE CENTRAL GOVT. INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, NO. 3, DHANBAD

Reference No. 51/81

PRESENT:

Shri I. N. Singh, Presiding Officer.

PARTIES:

Employers in relation to the management of Bank of

Baroda, Ramgarh, Dist. Haznrlbawh.

AND

Their workman.

APPEARANCES :

For the Employers—Shri M. M. Guha, Advocate.

For the Workman—Shri D, N. Pandey, Advocate.

INDUSTRY : Bank. STATE : Bihar

3693

Dated the ] 5th September, 1982

AWARD

The Oovt. of India in the Ministry of Labour in exercise of to powers conferred on item U/s. lOUXd) erf the Industrial Disputes Act. 14 of 1947 has referred the dis- pute to this Tribunal for adjudication uii

SCHEDULE

"Whether the action of the management of Bank of Baroda, Ramgarh, Dist. Hazaribagh, in terminating the services of Shri Sheo Kumar Rai, Cash Clerk and Head Cashier, Ramgarh Branch of the Bank with effect from 18th December, 1976 is leRal and justified ? If not, to what relief is the workman entitled ?"

2. Shri Shco Kumar Rai was a permanent Cash Clerk and Head Cashier having about 14 years of service and was workine as such in the Ramgarh Branch of the Bank of Baroda. He has a good record of service as alleged by him. During the relevant period Shri D'Souza was working as Agent of the said Bank and he was under order of transfer. In his rtlace Sri S. R. Mehrotra had come to join. On 22nd September, 1976 after Bnnk hours he verified the- cash In presence of the then Manager or Aficnt Shri D'Souza, the Head Cashier and Sri B. K. Dayal, Cnshi-r and others. He found shortage of cash amounting to Rs. 14,100/- in hundred rupee denomination currencv notes in seven packets. The amount was made good by the concerned clerk as also the Cashier Sri B. K. Dayal in the same evening. Subsequently both Sri B. K. Dayal mid the concerned workman Shri Rai were removed from service. Shri B. K. Dayal is however dead. The services of the concerned workman Sli S, K. Rai was terminated by a letter dated 18th December, 1976 (Ext. M-l) on the sround of loss of confidence. The said termi- nation has been challenged in the present reference.

3. The case of the concerned workman is that his services are governed by various awards and settlements and that his termination is illegal and unjustified. It is submitted by him that though the shortage was detected On 22nd Septem- ber, 1976 but Ills services were terminated with effect from 18th December, 1976 and that n F.T.R. WPS lodged against him as late as on 12th January, 1977 at 18 hours in which it was alleged that the amount in question hn^ been with- drawn by the concerned clerk and Sri B. K. Daval jointly for their personal needs. It is submitted that the local Police duly invesfigated the matter on the b"is of the F.I.R. and submitted final report in which it was foun,] that the shortage of cash was nowhere clearly written in the relevant bank's register and during the time of investigation the exhibited notes amounting to Rs. 14,100/- could not bc produced by the complainant nor the bundles from, which the notes were alleged to have been taken out were produced. Tt was also found that the written letter of the accused persons were taken under false nretcxt by the complainant much later. On receipl of the final report the Chief Judicial Magistrate discharced the accused persons including the concerned work- man. Tt is further submitted 'hat had there been a genuine case the Bank could have filed protest petition, but as the case was no true no aclion was taken bv the Bank.

4. The further case of the concerned Wuirkimn is that the management based their case on an allerred letter dated 22nd September, 1976 addressed to the Manager by the concerned workman and Sri Dayal but the said letter h si.sr-icious and was manufactured under forced durefcs and remntation for the purpose of (he case. The concerned workman has denied the genuineness of the said Iotter.

5. According to the workman he never withdraw anv amount from the Bank nor he used anv amount for his personal purpose, nor he wrote any such

6, It is submitted that no chargeshect was ever drawn against the concerned workman nor any departmental pro- ceeding was held against him and the order of termination is illegal and in violation of Section 25F of the Industrial Disputes Act.

7, It is however stated that the Bank sent a letter dated 1st November, 1978 to the concerned workman whereby the Bank changed its stand and directed the concerned workman to take an amount of Rs. 36000/- and odd ns provided U/s 25F of the I D. Act. The said amount was however accepted by the concerned workman but under protest. Tt is also stated that any subsequent action of the management cannot make the initial order of termination legal and valid and as the said order terminating the ser- vices of the concerned workman is illegal and against the principles of natural justice, he is entitled to r-e reinstated with full back wages.

8. According to the management, however, the concerned workman until termination of his services was working as Head Cashier at Ramgarh Branch, Tho duties of the Head Cashier arc to handle bank cash and he is in charge of the entire cash of the bank. The keys of the Safe where the money is kept are also ontrusted to the Head Cashier and the Accountant and as per practice the cash is to be handled by the Head Cashier ^nd the Accountant. It is stated that on 22nd September, 1976 Shri Mehrotra tho Agent of the Bank on verification detected a shortage of 141 currency notes of Rs, 100/- each in 7 bundles and he immediately made enquiry from the concerned workman Sri Rai & Sri B. K. Dayal, antj both of them in writing dated 22nd September, 1976 admitted that they had drawn the amount for their personal needs and on the same day both of them paid the aforesaid sum to the, b,ink and expressed their regret. It is submitted that in view of the said circumstances the services of tho concerned workman was terminated on 18 th Decem- ber 197S on the ground nf loss of confidence and the said termination was a terminalion simpliciter. It is stated that the post held by the concerned workman was of trust and confidence and the very admission of hie concerned workman showed that he was guilty and therefore his services were terminated. Tt is submitted that the order terminating tho services of the concerned workman is legal and valid and after the said termination the management prepared a state- ment of account payable to the concerned workman and the said statement of account along with pav order for Rs. 36000/- and odd wa, sent to the concerned workman but it wa,, returned undelivered. Thereafter the said pay order was- made over to the concerned workman in person and he accepted The same in full and final settlement of his claim. It is submitted that after accepting the compen^ion for termination Shri Rai is stopped from challenging his termina- tion,

"

9 On the above ground it is prayed that the Reference

be decided in favour of the management.

10. The point for consideration is as to whether the nction of the management in terminating the services of the concerned workman with effect from 18th December 1976 emitted ] u s t i f i c d- If n o t. ^ w"at relief is the workman

H. From u perural of the order of Reference it will appear (hat the nction of the management dated 18th Dr-cem- Dcr, 1976 has been challenged and it is to be seen whether the sa,d order of termination on around of 1MS of conn' dence ,s va id or not. it cannot he denied that tho services of an employee can be terminated by the management on the ground of less of confidence, Tt also c a n n™

3694 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)]

denied that the post held by Sri Rai was J post of :mst and confidence.

12. It is not denied that the key of the Safe used to re- main with the Head Cashier viz. the concerned workman and the Accountant. Ai per practice, two kevs are main- tained for the Safe, one of which remained with the Accoun- tant and the other with the Head Cashier. Whenever the head cashier goes on leave or is absent due to somci other reasons the key is made over to the next senior man. When the Bank opens both the keys arei applied by the Accoun- tant as also by the head cashier and then the Safe is opened. After the close of the business cash is counted and the initial of the counting clerk is put on a slip attached with each bundle certifying the actual amount found in each bundle. Thereafter the bundles arc kept in the Safe and the Safe is closed by both the keys applied by the Accountant as also the Cashier, The above has been stated by the management witnesses a nd has not been denied.

12, The question first to be determined is as to whether there was plausible evidence before the management to prove loss of confidence against the concerned workman. To prove this fact the management has examined Shri S. R. Mchrotra, MW-1. Sri A. K. Mitra, Accountant MW-3. They have stated that during the verification on 22-9-76 as shortage of Rs. 14,100 was detected in 7 bundles of 100 rupee denomi- nation notes. The amount was later on paid on the same day by the concerned workman as also by Sri B. K. Dayai the Cashie:. These two witnesses have also slated that both the clerks viz. Sri Rai and Sri Dayal also £avo a letter to the Manager on (he same day confessing their guilt and making over the amount to the Manager. The concerned workman however examined himself as WW-1 and he has stated that during (he relevant period he was deputed to take Shri Mehrotra in town for introducing him to customers and that he had also been to Hazaribagh in a bank case and the key lemained in custody of Sri B. K. Dayal, Cashier to ht.ndle the cash. It is also stated bv him that he never confessed his Ruilt and the letter on which reliance has been placed is a concocted one and it was obtained subsequently under t'uress and temptation. The workman has also exa- mined Sii D'Souza the then Manager and Aaent of the Bank and he has stated that during the relevent period (he key was with Sri Dayal as the concerned woikman had been sent by him to Hazaribagh in connection with some case. According to him when the cash is counted and verified the cash clerk puts his initial on it and it is the cash clerk who is responsible for any shortage of cash. A? regards the confession letter it is stated hy him that the shortage was made over by Sri Dayal and the name of the concerned workman was written on it as a witness only,

13. From the above evidence it will appear that the rmmacement solely relied on the alleged confessional letter dated 22-9-76 purported to have been written bv the con- cerned workman as also B. K. Dayal, cash clerk (since deceased). According to the management this letter alone proves that the concerned workman hod H hand in the shor- age anj s" he loct confidence of (he Bank and on that ground his sci vices were terminated from the date as mentioned in the termination letter.

14. It is therefore to be seeen as to whether any reliance can he placed on the said letter or not, The original of (he said letter has not been filed in this case nor any reason has assigned Hs to why the original has not been filed and what hajiDencd with the original. Instead the management has file'1 a enrbon copy of the said letter which has been marked Fxt. M-4 and has been proved by MW-1 Sri MVlirotrn Sri Mehiotra cannot say as to who wrote the contents of Fxt. M-4. Their is no evidence of the management to the effect that the suid letter was prepared in two copies one of which wns the original and the other is* a carbon copy. Tn fact there was no necessity at all of filing two copies of any such letter and there was no necessity of preparing any cirbon copv of the same. In Ext. M-4 which is n carbon cony it is stated that after the shortage was Toiind enquiry w;>s made both from Sri Rai and Daval and re.-ilkinp (he seriousness of the situation bolh of them made good the loss at 7 pm, on that verv div. It is further stated that (he flmniipt van withdrawn bv them foi heir pe.-sonal rifeds According to the concerned workman it is not the origiml lei'i*i pnri his signatuie had been obtained subsequent!/ on a letter wliich was an original one. According to him Ext.

M-4 is not that letter. In view of the above fact the very authenticy or genuineness of Ext. M-4 is doubtful. The management ought to have filed the original Idler if any in which such confession had been made by the concerned wo'kman and that letter would havo been conclusive proof to support the case of loss of confidence on the concerned workman. Tf the genuineness of Ext, M-4 become suspicious then there is no evidence against the concerned workman to show that the management had lost confidence on the con- cerned workman which resulted in the termination of his soivice.

15, The genuineness of Ext. M-4 becomes all the more suspicious when we consider another letter of the manage- ment, Ext. W-2 a letter written by Sri D'Souza on the very d'lte of shortage to the Regional Manager, Bank of Baroda. In this letter the information due to the above shortage was given to the higher authorities and the Manager wrote that on the same bundles in which shortage was found, on the slips attached on those bundles, the initial of in B. K. Dayal the cash clerk was found. This clearly indicate that (hose notes wcic counted by Sri B. K. D-aya] and the slips on the bundles bore the signature of B. K. Dayal only. It is in evidence cf management witnesses that after counting slips cue attached on each bundle and the clerk counting the amoun; puts his initial on it. Now if the concerned work- man Sii Rai would have counted the amount then hie initial must have appeared on the slips attached with the bundles. This fact also shows that during the relevant period the key was with B. K. Dayal as Sri Rai hud been to Haziribagh and wa< busy in other duties assigned to him including the duty of taking the new Agent to the customers for introduc- tion The letter Ext. W-2 no doubt shows that the shortage y.as made good by B. K, Dayal and Sri S. K, Rai, It may km be possible in order to avoid any further complication both of them made good the cash but this cannot go to show that if was Sri Rai who had misappropriated the said amount, F-xt. W-2 thus makes the alleged confession in Fxt M-4 all the more suspicious If any letter confessing the guilt would have been made then this fact must also have been men- tioned in Fxl. W-2 which was sent to the higher authorities immediately.

16. Though there was a shortage of Rs. 1400O and odd but it is stranjie that F.I.R. (Ext. W 1) for the first time was sent to the Officer-in-Charge, Ramgaih Cantonment Police Station rs late as on 28-12-76 that is after a lapse of about three months. It is not understandable nor it is explained as to why such a long delay was made by the Bank in lodg- ing information before tho Police, The Police after investi- gation submitted final report Ext. W-3 which was recopted by the Chief Judicial Magistrate vide his order-sheet Ext. W-4. The Police after giving the details of the investiga- tion opined that it was a case of mistake of fact and hence final report was being submitted.

17. All these facts clearly indicate that in fact there was no ohusible evidence before the management to prove loss of confidence against the concerned workman. The very fact that the original of Ext. M-4 has been wilh-heki by the management shows that there was something fishy in the matter and the original if produced would have gone against the case of the management hence the original letter was not produced. It was not very difficult for the management to prepare a carbon copy making certain lecitals against the concerned workman. Ext. M-4 is thus a suspicious docu- ment and no reliance can be "laced on it.

18. Considering tho evidence on record, I hold that theie was no plausible evidence before the management to prove the loss of confidence against the concerned workman.

19. It is next to be seen as to whether the order of ter- mination is in accordance with law or not. The termina- tion letter Ext. M-1 dafed 18-12-76 shows that the bank had decided to terminate the services of the concerned workman with immediate effect with three months pay an(| allowance in lieu of notice for which a crossed pay order of Rs. 3000 and odd was being enclosed along with the termination letter. Acco.ding to the workman however the said ter, mination letter h against the movisions of Section 25F of tho Industrial Disputes Act. ft is submitted that the said order in fact amounted to retrenchment and the piovisions

3695

of Section 25F should have been complied with before pass- ing such an order. i

20. As stated earlier the present reference is with regard to the termination letter dated 18-12-76 and it is to be seen as to whether the said letter is in uccordar/ce with law. Ac- cording to the management however it is not a case of retrenchment at all but it is, a case of termination sim- pliciter for losi of confidence. It is therefore to b* seen as to whether termination for loss of confidence amounts tu retrenchment or not. Section 2(oo) of the T. D. Act has defined the word 'retrenchment' antf it reads as follows :

"(oo) "retrenchment" means the termination by the employer of the service of a workman for any re- ason whatsoever otherwise than as a punishment inflicted by way of disciplinary action, but does not include—

fa) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman con- cerned contains n stipulation in that behalf; or (c) termination of the service of a workman on the cround of continued ill-health.

any sin of commission and omission on the part of the work- man. This. Court is bound by tho principles laid down by the Supreme Court as also by tho Patna High Court and the principles enunciated by the Bombay High Court can- not be given any preference. The learned Advocate of tho management has also cited the ruling reported in A.I.R. 1982 S, C. page 673 and 1982 I.F.L.R. page 71 but the principles, laid down in tho'.o rulings are not applicable to ' the facts of the present case. ,

22. Relying on the principles laid down by the Supremo Court as also the Patna High Court it must bei held that the present case is a case rf retrenchment and hence it is to be seen as to whether before passing tho termination order the provisions of Section 25F of the I. D, Act was complied with or not,

23. The termination iettei Est. Ml would show that along with this letter only a crossed pay ord?r for three months pay was tendered to the concerned workman. No compensation was ordered to be paid, as provided under Sub-Section (b) of Section 25F nor any notice WHS served on the appropriate government undftj- Sub-Section 3. It Is also very doubtful whether even three months notice pay was offered or paid to the concerned workman or not. MW-1 Sri Mchrotra has stated in his chief tint the letter of termination could not be served on the concerned work- man personally as he was on leave. According to him it was served on him by registered post and a '"•opy of tho letter was sent under certificate of posting. In cross-exami- nation it is admitted by, him that the postal acknowledgement has not been filwd in this case. He has further stated, that the letter sent by registered post was returned unserved. Ho has further stated that the copy of the letter terminating the scrvcie was also sent under certificate of posting. Further ho has stated Hint tho pay order of Rs. 3000 and Odd re- presenting tho notic© pay for three months was sent by re- gistered post but returned unserved and along with tho letter under certificate of posting no such payment order was sent. Thus it clearly indicates that though the payment order along with the termination letter was purported to have been sent by registered post but it was returned unserved. It is not the case of the management that the workman refused to take delivery of the registered letter. Further though it be conceded for the shake of argument that three months, notice pay was tendered to the workman by regd. post still the other compensation as provided under Soction 25F was not complied with and non-compliance of the 8ald provision makes the termination order illegal nnd invalid.

758 c7|82-C7°i l're °f b"S i n e SS CtC' a nd " d°CS mt i n d u de

. 3696 THE GAZETTE OF INDTA : OCTOBER 9, 1982/ASV1NA 17, 1904 [PART II—SEC. 3(ii)]

piovisiom rif Section 25P was not complied with Ihc action nf the mundgtin^nt terminating the services of the concerned ivorknvn wnli cil'cct from 1R-12-7C. rtuM be held (o he ill-iitii and unjustified

24. Some documents have been Died by the management which urc Exls. M-5 Ciiid M-6 showing shortage in the relevant iegi',teis. But the 'hortage is admitted and hence thev aic not relevant. The management, however, has filed the l;ev register F\t. M-7 to show that whenever there is change of hnn.is of keys the fact is noted in the key repist-t v\r] the key register would show that during the relevant rcn'otl (he kev was not made over io B. K. Duyal as :,tate 1 bv the workman, According to the workman, however, the key lcgisfcr was not maintained regularly and nn such making over anrl liking over was noted when the head cashier remained absent termporarily and key was made 0*1 cr to the cashier verbally under the direction of the Manager. F\t. W-10 is a letter of the wroikman showing that lie was accepting the amount under p'Otcsl. Certain o^hrr documents have .dso been filed by cither side but they were not referred to during argument stage and henco it is rnf ncccs'ary to refer them.

25. ConsiJerinr? all the facts and circumstances of the case and evidence on the record, T hold that the action of the mimriKcnent in terminating the services of the concern- ed workman with effect from 18-12-1976 is illegal and un- justified and ncit in accordance with law,

26. The next qu'&tion is as to what relief the concerned wyikman is entitled] As the charge of loss of confidence is nfit prove,] against him and the action of termination is rg.n'vist law, hence the workman is entitled to be reinstated froi>i the d'Uc of his termination with full back wages. The iimount aheadv raid to the concerned workman will how t vrr b" deducted from his pay, Tf will, however, be on the ,'i'crelion of the management as to how such deduction is to bf made.

27. T give my award accoidingly.

J. N. SINGH, Presiding Officer [No, T.-12012/65/78-D. IE (A)} A. K. MANDAL, Desk Officer

New Dclh), tnei 29ih September, 1982

S.O. 3556.—In pursuance cf Section 17 of the Industrial Dispute, Act, 1947 (14 of 19471, the Central Government hereby puhiMvis Hie following awatd of Ihc Central Gov- ernment Industrial Tribunal, Calcutta in the industrial dis- pute brtween tho employers in relation to the management 'jf Oil Tndi.i F imited, Dulinjan and their workmen, which W"i" received by (he Cenricl Government on 23ui September 1*>82.

CENTRAL GOVFRNMFNT INDUSTRIAL TRIBUNAL,

CALCUTTA

Reference No. 23 of 1982

PARTIES :

Employers in relation t" the management of Oil India

Limited

\ ND

Their Workmen.

PRBSPNT.

Mr. Justice M. P. Singh, Presiding Officer.

APPEARANCES :

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

STATE • Assam

INDUSTRY : Oil

AWARD

The Government of India, Ministry of Labour, by its Order No, 1.-30011 (3)/81-DXIHB) dated 31st May, 1982 icfcued an industrial dispute to this Tribunal for adjudica- tion. The dispute as mentioned in the Schedule reads :

"Whether the demand of the workmen employed by Resident Chief Executive, Oil India Limited, through the Labour supply conti actors, as men- tioned in Annexurc, for grant for special leave with pay on days of absence caused on account of Bandh, Curfew, picketing etc, during the period 3-12-79 to 27-10-80 is justified. If so, to what relief are the workmen entitled?"

2, The case is taken up today out of turn. On receipt of the reference parties were directed to file their respective documents and 27-8-82 was fixed for first hearing. On that date a Mmoiandum of settlement was filed before this tribunal with a prayer to pass a "No dispute" award in view of the settlement. I find that all the parties mentioned in the An- nexuic have subscribed their seal and signature. I there- fore pass a "No dispute" award in the matter as prayed for and the petition pniying for a "No dispute award" shall form part of this Award as Aiinexure "A".

Calcutta, 10th September, 1982.

M. P. SINGH, Presiding Officer

ANNEXURE 'A'

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

In the matter of :

An Industrial Dispute under Ministry of Labour's Order

No. L-30011(3)/81-DIIl(B) dated May 31, 1982.

fUnder Government order of Reference- No. 23 of 1982)

BETWEEN

(1) Resident Chief Executive, Oil India Limited, Dulia-

jan, Assam,

(2) (Thirteen) Labour Supply Contractors as mentioned

in Annexure.

AND

Their workmen represented by tho Oil India Contractors'

Workers' Association, Duliajan, Assam.

ANNEXURE

1. M/s. Duliajan Commercial Cooperative Society, Con-

tractor, Oil India Ltd., Duliajan, Post Office Dibrugarh.

2. M/s, Khercmia Samabai Samiti, Contractors, Oil India

Limited, Duliajan, Post Office DuHaJan, Dibrugarh, Aisam.

3. M/s. Duliajan Industrial Contract Cooperative Society limited, Contractors, Oil Tndia Limited, Duliajan, Post Office Dibmgarh, District Dibrugarh, Assam.

4. M/s. Singh. Brothers & Company, Contractors, Oil India Limited, Duliajan, Post Office Duiinian District Dibrvs- garh, Assam.

5. M/s. Baruah Industrial Contractors. Oil India Limited,

Duliajan, Post Office Duliajnn, District Dibrugftrh, Assam,

6. Inland Construction Company, Oil India Limited, Con- tractors, Duliajan, Post Office Duliajan, District Dibrugarh, Assam.

7. Shri H. L. Chanda. Oil India limited Contractors,

Duliajan, Post Office Duliajan, District Dibrugarb, Assam.

S M/s. Duliajan Cooperative Sanitation Society Limited, Contractor, Oil India Limited, Duliajan, Post Office Dulia- jan, District Dibrugarh, Assam.

9. M/s. Nayak & Company, Contractors, Oil India Limit- ed. Duliajan, Post Office DuKijan, District Dibrugarh, Assam,

10. |M/s. Gupta Brothers" & Company, Contractors, Oil India T imited, Duliajan, Post Office DiiHajan, District Dlbru- garh, Assam.

3697

(ANANDA BE/BARUAH)

Industrial Relations Manager, 11. M/s. Gogoi Brothers & Company, Contractors Oil India Limited, Duliajan, Post Office Duliajan, District Dibiu- garh, Assam.

For Resident Chief Executive,

Oil India Limited, Duliajan 12. M/s. East End Engineering, Contractors, Oil Tndia Limited, Duliajan, Post Office Duliajan, District Dibiugarh, Assam. i

(M/s. Duhjan Commercial Cooperative Society, Contractor, Oil India Ltd.)

13. M/s. Oriental Construction Company, Contractors, Oil India Limited, Duliajan, Pobt Office Duliajan, District Dibrugaxh, Assam.

(M/s Khcromia .^amuhrii Samlty, Contractors, Oil India 1 td. Duliajan, post Office Duliajan) The humble petition of the above named Association

most respectfully.

SHEWTH :

(M/s. Duliajan Industrial Contract Cooperative Society Ltd. Contractors, Oil India Ltd.)

(,M/s. Singh Biotheis & Co., Contractor, Oil India Ltd I

(M/s. Bariiah Industrial, Conliacloih,

(1) The above Reference No. [Mmistiy of Labour'i Order) L-3(X>11(3)/81-1II)J of May 31, 1982 was, taken out at the instance of the woikmcn represented herein by the Oil India Contractors' Workers' Association, Duliajan, the Association abovenamed.

Oil Tndia Ltd.)

(Inland Constitution Co. Contractors, Oil India Ltd.)

("Sri H. I,, Chanda, Oil Tndia Ltd.

(2) Sometime after the References, patties entered into negotiations as a result whereof the workmen represented by the said Oil India Contractors' Workers Association, Duliajan decided not to further prosecute the present adju- dication. All the disputes and difference inter sc the parties

Contractor)

in respect of the adjudication under reference have been finally set at rest.

(M/s. Duliajan Cooperative Sanitation Society ltd. Contiactor0, Oil India Ltd.) (3) The Association accordingly submits that it would be just and proper to make a no-dispute Award as the Asso- ciation is not willing to contest the Reference.

(M/s. Nayak &. C+J. Contiactois, Oil India Ltd.)

MA. Gupta Biolhcis & To. Contractors) (4) It has been ascertained that the Resident Chief Executive, Oil Tndia Limited, Dulhjan, Assam and (Thii- teen) Labour Supply Contractors, Duliajan, Assam Jiavc no objection to the prayer being granted.

(M/s. Gogoi Brothers & Co. Contractor, Oil India Ltd.

(M/s. East End l-nj-iiK-Lvins, Contractors, Oil India Ltd.) (5) This application is made bona fide and in interest of justice. In the premises your petitioners humbly pray that your Honour will graciously be pleased to pass a no-dispute award and answer accordingly this reference and pass such other order as may appear fit and proper to your Honour.

Any your petitioners as in duty bound shall ever piay.

iM/s, Oriental Constiuction Co.) Conti actors, Oil India Ltd.,

[No L-3OO11(3)/81-DI1T(B)J (KHTTISH SARKAR) For Oil India Contractors' Workers1 Association, Duliajan.

R. P. NARULA, Dy. Secy

3698 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART H—SEC. 3(ii)]

MINISTRY OF ENERGY

(Departinenet of Coal )

New Delhi, the 22nd September, 1982

8.0. .—Whereas it appears to the Central Government that coal is likely to be obtained from the lands in the locality men- tioned in the Schedule hereto annexed.

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

3699

The plan of th" area covered by this notification can be inspected at the OjEcc of the Western Coalfields Limited (Revenue Sec- tion), Coal Estate, Civil Lines, Nagpur-440001 or at the Office of the Collector, Shahdol, Madhya Pradosh or at the Office of the Coal Controller, 1, Council House Street, Calcutta.

All persons interested in the lands covered by this notification shall deliver all maps, oharts and other documents referred to in sub-section (7) of section 13 of the said Act to the Revenue Officer, Western Coalfields Limited, Coal Estate, Civil Lines, Nagpur-440001 within ninety days from the date of publication of this notification in the Official Gazette.

SCHEDULE

BIJURI EXTENSION BLOCK

JHAGRAKHAND COALFIELD

DISTRICT SHAHDOL (MADHYA PRADESH)

Drawing No. C-l(E)m/CR/209-1281

Dated : 22-12-81

(showing land notified for prospecting)

Tehsll

Village

District Area

Remarks Patwari Circle No.

Settlement No.

SI. Nc

Acres Hectares

Korja

1.

127

126 Sohagpur Shahdol 110.00 44.516 Part

2.

tt

Padripani

127

584

Part

66,00 26.710

3. Bijuri

127

734

375.00 151.761 Part

Mahuwari

4.

127

845

3.00

1.214 Part

„

5.

127

428

Daldal

513.00 207.608 Part

6.

128

929

. Lohsara

203.00 82.153 Part

Total Area : 1270.00 acres (approximately)

OR 513.962 hectares (approximately)

BOUNDARY DESCRIPTION :

A—B

Line starts from point 'A' in village Mahuwari which is also a common boundary of Byuri colliery acquired under Section 9(1) of the Coal Bearing Areas (Acquisition and Development) Aot, 1957 vide notification S.O. No. 2978 dated 17-9-1962, passes through village Mahuwari and meets in the same village at point 'B\

B—C

Line starts from point 'B' in village Mahuwari and passes through villages Mahuwari and meets in village Byuri at point "C".

C—D

Line starts from point 'C and passes through villages Byurl and Daldal and meets in village Daldal at point "D".

D—E

Line starts from point 'D' in village Daldal and meets in the same village at point "E".

E—F

Line starts from point 'E' in village Daldal and passes through villages Daldal, Padripani and meets in village Padripani at point "F".

F—G

Line starts from point 'P' in village Padripani and passes through villages Padripani, Korja and meets in village Korja at point "G",

G—H

Line starts from point "G" in village Korja and passes through villages Korja and Lohsara and meets in village Lohsara at point "H"

H—I

Line starts from point "H" in village Lohsara and passes through village Lohsara and meets in theflfeatrvillage at point "I".

I -J

Line starts from point "I" in village Lohsara and passes through village Lohsara and meets on the common boundary of Byuri colliery acquired under Section 9(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 vide notification S.O. No. 2978 dated 17-9-1962. and meets in the same village at point "J".

J_K—L—M—

Line passes along the common boundary of Brjuri colliery acquired under Section 9(1) of the Coal Bearing Areas

N—O—P—Q—

(Acqubition and Development) Act, 1957 vide notification S.O. No. 2978 dated 17-9-1962 and meets at the starting point "A".

R—S—T—U— A

[No. 19/17/82-CL]

SWARAN SINGH, Under Secy.

3700 THE GAZETTE OF INDIA : OCTOBER 9, 1982/ASVINA 17, 1904 [PART II—SEC. 3(ii)] 3701

MINISTRY OF SHIPPING & TRANSPORT

(Shipping Wing)

New Delhi, the 13th September. 1982.

S.O. 3558;—Tn exercise of the powers conferred by sub-section CO of section 412 of the Mcrohant Shipping Act, 1958 (44 of 1958) read with sub-rule (2) of rule 7 of the Control of Shipping (Ratei") Rules, 1949, continued in force by clause (a) of sub-section (3) of section 461 of the said Act, and in supersession of the notification of the Ministry of Shipping arid Transport (Transport Wirig) No. MCS-58/ 74-MD dated the 28th April, 1975, the Central Government hereby fixes with effect from the 24th March, 1982 the rates mentioned in columns (2) to (8) of the Schedule annexed hereto, as the rates which may be charged by any ship engaged in tho coasting trade of India for the carriage of passengers from n port mentioned in column (1) thereof to any of the ports mentioned in tho said c niumns (2 to 8) and from any of the said ports to a por' mentioned in column (1).

Explanation :

For the purpose of this notification :—-

(1) The rale for the carriage of a passenger in Cabin classes Deluxe A or Deluxe B for intermediate ports, shall be 50 per cent or 25 per cent respectively, over and above the rate for Cabin class mentioned in columns (3) to (8) of the sa'd Schedule and the rate shall be rounded to the nearest five paisc.

(2) A child be ween 3 and 12 shall be charged half the rate, rounded to the nearest five paise.

(3) The rate for the carriage of a passenger shall not include charges towards diet.

SCHEDULE

BOMBAY

JAIGAD/RATNAGIRI

Cabin

Cabin Upper '.

Deluxe

Lower i

Lower

Upper

•B1

7.70 8.70 10.00 17.40 29.30 Jaigad/Ratnagiri Mmakazi Jaitapur Vyaydurg Deogad Panaji

„ PRINTED BJf THE MANAGER, GoVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064 AND PUBLISHED BY THE CONTROLLER OF TJUW/CATTONP, DELHI-110054. 1 9 82


  1. clerical or manual work and it is in the case of uiipervlsoiy *ork under clause (iv) cf Section 2(O of the Act if tfw total wages exceeded Rs. 500 such an employee cann '( be (ermed as a workman. To find oU therefore whnt is to be seen is whether the (asks a.s narrated in the duly list at page 22 of the book-let ↩
  2. ? T^ haVe " ?" COvered imcler thc ^Scheme ↩
  3. he f a ct °f termination howsoever ATR 1^77 *r " r u l^ ,on thU Folflt is reported in Reliant V T I P ° " T ™M / S- Hindustan Steel ltd. Ap- S SS «' * p™»dln« Off'"*, Tabour Court. Oriffla and referf f T e"tsV-W;hl'h ^as also re ied on «* ruling -Th^Ll sP°v<^h" the leading casc on the miJ 21. As against these rulings the learned Advocnfe of the mmiaeement has drawn rav attention to <\ ruling of the Bombay Hi>h Court reported in 19R0 Lab. I. C jjace 1116 (Ramleshkumar Raiapiknnt Mehta, Petitioner v The PreMd ing Officer, Central Govt. Industrial Tribunal No 1 Bom biy and another, Opponents). In (his case it has hec'n held that the word letrenchment' means the cases when an em ployer find, that the staff is in excess of the numivr required 24. It will also appear that the Bank lealiscd its mistake and found that the original termination latter dated 18-12-76 is not in accordance with law and they subsequently tried to rectify their mistake. They sent a letter dated November 1, 1978 to the concerned workman informing him iliat though termination of his services on the ground of loss of confi- dence does not amount to retrenchment still it has been decided that lhe concerned workman be paid retrenchment compensation U /s 25F of the I.D. Act at the rate of 15 days average pay per every completed year of servicei and it also decided to treat the concerned workmen as in service from 18-12-76 upto 15-11-1978 from which date his ser- vice was to stand terminated and for the said "^oHod pay- ment was made to him. By this letter the services of the concerned workman was terminated with effect from 15-11-78. Along with this letter pay order amounting to Rs. 36000 and odd wan sent to the concerned workman and from this account three months pay had been deducted mentioning that this amount had already been paid. But no document has been filed by the Bank to show that In fact three months pay was withdrawn by (he concerned workman. No doubt the concerned workman accepted the amount as mentioned in Ext. M-3 but he accepted it under protest and also sent a letter accordingly to the management. The mere acceptance of the amount cannot stop the work- man from challenging order of termination. From this letter aho it is shown that the original letter of termination dated 18-12-76 is not in accordance with law and as the ↩
  4. ↩
  5. 1 1S- C ^a ee mi ( T he Stat» B^k of Tndia, Appellant V. Shri N. Sundara Money, Respondent) It has laid down that the words termination for uny reason what- soever m Section 2foo) are (ho key words. Whutever the reason every termination spells retrenchment and the sole question is as to whether the services of an employee ha,, been terminated and a termination take, olare where « term expires erther by the active step of the master or the ramun* out of the sflpulated term. It father provides that termination embraces ™t merely the act of termination n r J, , rapi°^ b ut , ↩
  6. 140.00 165.00 165.00 185.00 185.00 260.00 115.00 135.00 135.00 150.00 150.00 220.00 45.00 48.00 51.00 57.00 60.00 72.00 30.00 32.00 34.00 38.00 40.00 48.00 11.60 13.10 15.00 26.10 44.00 125.00 150.00 150.00 165.00 165.00 235.00 55.90 57.60 59.80 67.80 111.80 MUSAKAZI JAITAPUR Jaitapur Vijaydurg Deogad Panaji . 47.10 49.30 101.90 , , 4.50 11.30 36.20 1.80 3.00 7.50 24.10 , 49.00 51.20 103.80 4.10 8.40 24.90 6.20 12.60 37.40 VIJAYDURG DEOQAD 5,10 Deogad Panaji 44.90 101.90 7,70 36,20 24.10 92.80 28.40 18.90 JAIGAD Ratnagiri 51,30 9.00 6.00 [Pile No. SW/MCS-2/80-MF] V.N, SHARMA Under Secy. ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 09 October 1982. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1982-10-09.E-0929-1982-0041-40928/. Archive identifier in.gazette.csl_extraordinary.1982-10-09.E-0929-1982-0041-40928.