REGISTERED No. D. (D.N.)—73
TheGazetteofIndia
PUBLISHED BY AUTHORITY
No. 46] NEW DELHI, SATURDAY, NOVEMBER 13,1982/KARTIKA 22, 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)
CENTRAL BOARD OF EXCISE AND CUSTOMS
New Delhi, the 11th November, 1982
NO. 244/82-CUSTOMS
S.O. 3751.—In exercise of the powers conferred by sec- tion 9 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby declares Kakati Village in Belgaum District in the State of Karnataka to be a ware- housing station
[F. No. 473/153/82-Cus.VII]
902 GI/82
NO. 245/82-CUSTOMS
S.O. 3752.—In exercise of the powers conferred by sec- tion 9 of the Custom Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby declares Kodaikanal in Madurai District in the State of Tamil Nadu to be a ware- housing station,
[F. No. 473/154/82-Cus-VII]
NO. 246/82-CUSTOMS
S.O. 3753.—In exercise of the powers conferred by section 9 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby declares Maruti Complex in Gurgaon District in the State of Haryana to be a warehousing station,
[F. No. 473/72/82-Cus. VII] N. K. KAPUR, Under Secy.
(3975)
3976 THE GAZETTE OF INDIA : NOVEMBER 13, 1982/KARTXKA 22, 1904 [PART II—SEC. 3(ti)]MINISTRY OF CIVIL SUPPLIES
INDIAN STANDARDS INSTITUTION
NewDolhi, 1982-10-13 .
S.O. 3754.—In pursuance of sub-regulation (4) of regulation 14 of tho Indian Standards Institution (Ccrtif cation Mdiks), Rsgulations, 1955 as amondod from time time, the Indian Standaids Institution hereby notifies that Licence No. CM/L-9069*
particulars of which are given below has been cancolled with effect fiom 1981-05-16 at therequert ofthelicor.ee.
SCHEDULE
SI. No. Licence No. and Date Nam" & Address of the Liconcee
Relevant Indian Standards
Article/Process Covered by the Licence Cancelled
(3)
(4)
(1) (2)
(5)
The Palani Andavar Mills Ltd., Grey cotton yam, 80s Combed IS : 71-1-1973 Spccificalic-n for CM/L-9069* 1980-10-14
special cone yarn-B Grade
Grey cotton yam (e\i?rdj 236/1, Dhally Road, Udamal- pet-642126 (Tamil Nadu)
• Kflw Licence number CM/L-0906957.
[CMD/55 : 0906957] A.P. BANERJI, Additional Diioctor General
3977MINISTRY OF ENERGY
(Deportment of Petroleum)
New Delhi, the 13th October, 1982
S, O.375S—Whereas by the notification of Government of India as shown in the schedule appended hereto and issued under sub-section(l) of section 6 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, the Right of User has been acquired in the lands specified in the schedule appended thereto for the Indian Oil Corporation Limited for the transport of petroleum from Mathura in Uttar Pradesh to Jullundur in Punjab.
And whereas the Indian Oil Corporation Limited has terminated the operation referred to in clause (1) if sub-section (1) of section 7 of the said Act on the date shown against the name of village in the schedule.
Now, therefore, under rule 4 of tho Petroleum and ]
Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963, the Competent Authority hereby notifies the said date us the date of termination of tho said operation.
SCHEDULE
Termination of operation of pipeline from :
Tehsil : Thanesar District : Kurukshotra State : Haryana
Name of Vill. S. O.
Name of MtnUtry
No.
Date of Termina- tion
Date of Public cation in Oazetti of India
1
2 3
4
4
30-9-82
1. Patti Jhambra 84 9-1-81
Shahbad
2. Patti Kankra
14-9-82
Petroleum, Che- micals & Ferti- liser (Deptt. of Petroleum).
Shahbad 3. RamNagar
13-9-82
""
]No. MJPL/G/LA/144]
3978 THE GAZETTE OF INDIA : NOVEMBER 30, 1982/KARTIKA 8, 1904 PART II—SEC. 3(ii)] 3979 3980 THE GAZETTE OF INDIA : NOVEMBER 13, 1982/KARTIKA 22, 1904 [PART I I ~ S I C. 3(ii)] 3981 3982 THE GAZETTE OF INDIA : NOVEMBER r3, 1982/KARTIKA 22, 1904 [PART II—SEC. 3(ii)] 5 Now Delhi, the October, 1982 3 4 2 188
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17 00 S. O. 3756... Whereas by a notification ol Government of India in the Ministry of Petroleum, Chemicals and Ferti- lizer (Department of Petroleum) S O. 440 dated 6-2-19P2 under Sub-Section (1) of Section 3 of the Petroleum tind Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Cential Government declared its intention to acquire the Right of User in the lands specified in the Schedule appended to that notification for the purpose of laying ipeline.
00 00 05 04 01 05 07
Aiid Whereas the Competent Authority has under Sub- section (1) of Section 6 of the said Act submitted report to the Government,
801 Min 6127/1739 1760 Min 1761 Min 1763 Min 1765 Min 1768 Min 1773 Min 1774 Min 1798 Min
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And Further, the Central Government has after considering the said report, decided to acquire the right of user in the lands specified in the Schedule appended tp this notification.
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85 61 Now Therefore in exercise of the power conferred by Sub-section (1) of Section 6 of the said, Act, the Central Government hereby declares that the right of user in the said lands specified in the Schedule appended to this notification hereby acquired for laying the pipelines,
And further, in exercise of the power conferred by Sub-section (4) of that section, the Central Government directs the right of user in the said lands shall instead of vesting in the Central Government vest on this date of the publication of this declaration in the Indian Oil Corporation Limited free from all encumbrances.
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3984 THE GAZETTE OF INDIA : NOVEMBER 13, 1982/KARTIKA 22, 1904 [PART I I- S E C. 3(ii)]
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L. M. GOYAL, Director
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3986 THE GAZETTE Of INDIA : NOVEMBER 13, 1982/KARTlKA .22, 1904 fPART II—SEC. 3(ii)]MINISTRY OF SHIPPING AND TRANSPORT
(Transport Whif)
N;w D;lhi, the 29th October, 1982
S.O. 3757: — In exercise of the powers conferred by tub- sections (3) "nd (4) of section 5A of the D Jck Workers (Rcjula- tion of Employment) Act, 1948 (9 of 1948), the Central Govern- ment hereby appoints the following prsons as members of the Madras Dsck Labour Board established under sub-section (1) of the said section 5A, namely:—
Merjjjfers representing the Central Government:—
0> , t l ^C h a i r m a n. Madras Port Turst, Madras.
(2) 'The Deputy Chairman, Madras D^ck Labour Board, Madras.
(3) The Traffic ManaBor, Madras Port Trust, Madras.
(4) The Assistant Commissionerof Labour (Head Quarters), Government of Tamilnadu, Madras.
Members representing the Dock workers :—
(1) Shri M, Kalayana- •) Representatives of the Madras sundaram J.
(2) Shri T. Elumalai j Harbour Wdrker's Union.
|3) Shri G. Kalati R.epwssntuiv
(4) Shri E. Naiayanaswamy Port & D )ck Worker-) Congress. Members rcpwsentuie the Employers of D ^ck Workers A. Shipping Companies r— (1) Shri R. K.Vardaiarayanan Represent Uiv". of Madras (2) ShriV.R. Reddy Stevedores'Association. (3) ShriR. Riii'lcrisTimn Representative of Overseas Shipping lateftists, (4) Shri S. Tarakcian Representative of Indian Nttional Shipowners' Asso- ciation. 2. The Central Government hereby nominates Shri V. Sdvaraj, Chairman, Madras Port Trust, Madras as the Chairman of the said Board. [File No. LDM/6/82-US(L)] SI/- THOMAS MVTHBW, Under Secy. MINISTRY OF TOURISM New Delhi, the 30th September 1982 S.O. 3758 :—In exercise of the . powers conferred by section 3 of the public Premises (Eviction of Unauthorised Occupants) Act, 40 of 1971) and in partial modification of the notification No. S.O. 3126 dated 30th September 1981 issued by the Governmirtt of India in the Ministry of Tourism and Civil Aviation, the Central Government hereby appoints the officer mentioned in column (1) of the Table below being an officer equivalent to the rank of gazetted officer of the Government to be estate officer for the purose of the said Act who shall exercise the powers conferred and perform the duties imposed on estate officer by or under the said Act, whlhin the local limit* of the jurisdiction in respect of public premises specified in the corresponding entry in column (2) of the said Table. ' TABLE Design
tion. (1) (2) All premises belonging to or tik^n on Icise by Ii1U Tii,i-,Ti D:v;loprvmt Cor- pjrdtion Ltd., and situated m the SUte of K'irnat;:ka. Assistant Mamjcr, (Ptfrvjnn.-I), [i til Ti-iriiTi D v:l ipn ••[[ Corporation Ltd., Hotel Ashok, High Grounds, Kumirft KrupT, Bangalore, (NTi. U-11015/6/78-PSU(Tounsm)] S. L. CHOPRA, Diicctor Now, theicl'oie, in exeicisc of the powcis confeireo by sub-section i2) of section li-A of (he said Act, the Central Government hciebv makes the following modifications in the said Muster 1'lun for Delhi with effect from the dnte of publication of this modification in the Gazette of India, namely :— MODIFICATION : "The land use of an area, mrasuiing 1362.79 Heels. (3367.45 acies), situated on the noulh of existing Palam Ahpoit, is changed from 'agricultural gicen belt' and Mural' use zones lo 'circulation' for the future expansion of Intel national Airport". [No. k-13011/liysl-DD;iA] K. K. SAXHNA, Desk Officer New Delhi, the 22nd October, 1082 S-O. 3760.—In pms'iauce of para (a) of Section 111 of Rule 414 of Indian Tefexiaph Rules, 1951. as introduced by S.O. No. 627 dated 8th M.itch, I960, the Director General, Posts and Telegraphs, hereby specifies 16-11-1982 JS the date on which the Measured Rate System will be introduced in PfcHOWA and CHAMRA Telephone Exchange N.W. Circle. [No. 5-5/82-PHB] TklLOKI NATH, Asstt. Gencial Manager (DP) New Delhi, the 30th September, 1982 SO 3759—Whereas ceitain modifications, which the Cent- mi Government proposes to make in the Ma^rr Man lor Delhi rcgatding the areas mentioned herenndei, were publi- shed with Notice No. F. K41/67-MP dated H t h M w h, 1982 in accordance with the provisions of section 44 ot trie Delhi Development Act, 1957 (.61 of 1957) inviting objection/ suggestions, as inquired by subjection (3) ot section I l-A of the said Act, within thiuy days fiom the date of the said notice ; And whereas, the Centr.il Government after consideiing the objections and suggestions wiih rcgaid to the said modi- fications have decided to modify the Master Plan foi Delhi ; New Delhi, the 30th October, 1982 S.O, 3761,—In pursuance of pma (a) of Section I IT of Rule 434 of Indian Telegiaph Rnjes, l')51, as intioduced by S.O. No. 627 dated 8th M'arch, 1960, the Director Oeiitial, Posts and Telegraphs, heieby specifics 16-11-1982 .11 the date on whiih the Measured Rate System will be introduced in PUSAD Telephone Exchange, Maharashtra Cnde. LNo, 5-9/82-PHH] R. C. KATARIA, Asstt. Diiectoi Oonei 11I (PHB) New Delhi, the 6th Novembei, 19R2 SO 3762.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 o1 1947), the Central Government hereby publishes the following award of the Central Govern- ment Industnal Tnbun.il, J.ibalpui, in the industrial dispute between the employers in relation to the management ot Western Coalfields Limited, Kunhan Area, and their work- men which was received by the Central Government on the 19th Octobci, 1982. BEFORE JUSTICE SHRT S- R. W AS (RETD.) PRESIDING OFFICER CENTRAL GOVtRNMtNT INDUSTRIAL TRIBUNA1.-CUM-LABOUR COURT, JABALPUR LM.P.) Ca*.e No. CGIT/LC(R)(38) of 1981 PARTI FS : to the management, was noticed his name was deleted and only (hose who were eligible for that post weic considered by (he Departmental Promotion Committee and recommended fur legularisation. Other allegations made against the maru'gement were denied. 4, In his icjoinder the workman repeated hit. claim about his having worked as a Works Supervisor fiom 22-J2-IS>74 to 15-6-1978. He t'nrthei extended that having worked on this post for more than 240 days he was entitled to be regularised and that on merits he was entitled to the regulari- sation claimed by him, 5 The management in their rejoinder denied the allega- tions made by the woikman in the statement of claim. 6. On (he respective claims of both the parties the follow- ing issues wcie framed .— Employers in relation to the management oi Western Coalfields limited, Kanhan Aita District Chhind- wara and their workman, Shri Birendra Dubcy, represented thiough the B.K.K.M Sangh (BTvlS) P.O. Chandametta, District Chhindw.ira (M.P.) APPEARANCES : For Workman—Shri S. B. Singh, President of the Sangh und Shii V. Dubcy. For Management—Shri P. S. Nair, Advocate. INDUSTRY ; Coal DISTRICT ; Chhindwaia (M.P.) AWARD Dated, the 12th October, 1982 The Central Government in the Ministry of Labour has referred the followinn dispute to this Tribunal for adjudica- tion vide Notification No. I -22012(10)/81-D.IV
"Whether the action of the management of W. C. Ltd., in relation to their Dannie Colliery, P.O. Damua Distt. Chhindwar.i in not regularising Shi i Birendia Dubey as- Works Supervisor is justified ? If not, to what lelief i\ the concerned workman entitled and from what date '?" 2. Briefly stated the facts giving rise to this reference are as under '— The workman, Shri Birendia Dubey (also iefeireil to as Shu Veerndia) hcieinafter referred to as the workman, is an employee of the Western Coalfields Ltd. in the Damua Colliery, District Chhindwau, He claims to have woikcd us a Works Supervisoi in the Civ-1 Department of the Colliery under the Civil Engineer. The Junior Executive Etifiinoci (Ti.unto) is said to have recommended his name vide Ex. M/2 dated lsi May, 1976 for rcgujarisalion as Works Supervisor. The management, ac- cording to the workman, despite this recommendation did not consider'his name and the Departmental Piomolion Com- mittee considered the names of other persons who were not so recommended. The woikman in these circumstances alleges discrimination and deliberate omission of his name for being considered and consequent regulaiisat'ion as a Works Supervisor. This attitude, according to the workman, is an act of unfai] labour practice by the management. A prayer is accordingly made that the workman -.honit) be regularised as Works Supervisee in Clerical Guide Tl and paid Mich wages us are admissible to that post. 3. The reply of the management Is that promotion of a workman from a lower to [he higher post is purely a managerial function and that on sucb a maltcr no refeii.net; could and ought to have been made to this Tnbunnl. It is fuither urged by the management that the workman was initially cmployej in the Civil Construciion Section as a Casual Maidouj and paid wages undci (he Minimum wages Act. The management denies the cl.iim of I he woiVman about his1 woiking us a Works Supeivisor. While admitting; th.it the namc of the workman w.is included in the recommen- dation Ex. M/l but this inclusion, according to the manage- ment, was due to mi-stake anj when this mistake, accoicCng 1. Whether on the facts alleged in the statement of claim and rcjoindci of the parties, management of Damua Colliery was justified in not regularising Shri Biiendra Dubey as Woiks Supervisor ? 2. Relief ? 7. My findings on the afoiesaid issues are as under :— 1. The woikman Shri Biiendra Dubey (Shri Veerndia Dubey) is entitled to be regularised as a Work Supervisor for the leasons given below. 2. Relief as pei order passed below. findings witli reasons : 8. Issue No. 1.—In this case though some documentary evidence has been filed by the workman yet on oral evidence has been given by him. Oral and documentary evidence has been given only by the management. 9. M.W. I Shii H.izaie, Executive Engineer (Civil; has stated that while he was in the Damua Colliery the workman worked under him on wages permissible under the Minimum Wages Act and that he never woikcd as a Works Supervisor. He furthei says that he had recommended his name to the management for giving him a icgular appointment of General Mazdoor Categoiy f and that (he workman was not quali- fied to be appointed as a Works Supcnisor for the leasons given by him in the statement. He, however, admits that Ex. M/t is his recommendation to the management legaid- ing Shri Veerndra Dubey. In this recommendation Ex. M/l. six names have been included and the name of Shri Veerndra Dubey S/o Kamal Prasad is (he 6th name written in ink (other names being typed* for appointment as Cate- gory I Mazdooi. Shri Nagcsh Rao (M.W. 2) is the next witness who stated that fiom 1974 to 1976 the workman worked under him as a Casual Mazdoor on daily wages and that at no time he worked as a Works Supervisor. 10. Last and in my opinion is the most important witness of the management is Shri Bakshi (M.W. 3) the Deputy Per- sonnel Manager of the Colliciy. He has stated that vide Ex. M/l the workman's name was recommended by M W. 1, Shri Hazare. Lastly he has stated that the workman, Shri Rirendra Dubey, had no evperience as a Works Supeivisor. 11. As (he woikman was not present when the manafic- ments evidence was recorded some information was sought fiom this witness by way of some questions by the Tribunal. The workman had filed a list Ex. C/l in which this witness himself had at SI. No. 6 named the woikman. Shri Veemdra Dubey, as one of the employees as working a*" a Works Supervisor and directing the Junior Engineer Tiainee in- cluding other six, to appear before the Dcpaitmental Pro- motion Committee on 28-1-1977 for interview, Theie is another letter Ex. C/2 duted 13th November, 1976 in which the Peisonncl Officer of the management had in para 3 of this letfet stated that the Junior Engineer frainedC) has requested for rcgularisation of one woikei under the Mini- mum Wages Act for appointment under the National Coal Wage Agieement. Attention of M.W. 3 was drawn to l'\ C/l as also l7x C/2. He died to explain that due to typing mistake by the steno the name of Shri Bbendr.i Dubey was included in Fx. C/l whciein he w.is shown as working a>, a Works Supervisor and was asked to appear before the Departmental Promotion Committee, The witness admitted in the last pait of bis statement that in Ex. C/2 the woik- man rcfeired as the workman working under the Minimum Wages AL-t was Shri Birendra Dubcy. . 12. The witness was partly examined on 4-7-1982 and his fuiiher examination was leserved for 14-7-J982 and he was asked to no through the necessary records in the office relating lo the meeting of the D.P.C 13. On being questioned by lhc Tribunal on 1 1-7-82 the witness stated that on 28-1-1977 thcic was no meeting ol the D.P.C. as per Ex. C/l and that the next mei'tinjj ot the D.P.C. was held on 24-4-1978. He admitted that no infor- mation was given of this meeting to the woikers named in Ex. C/l. Minutes of the D.P.C. held on 24-4-19-78 h.rvc been filed as hx, C/3. In this- meeting there is no refeienee to the name of Shri Bircndra Dubcy being considered. It will be suprising that on 24-1-1977 (vide f;x. C/ll the Senior Personnel Officer had included the name of the Yvoik- man, Shri Bircndta Dubey, as a candidate working as Works Supervisor in the Damua Colliery and asked him to appear before the Departmental Promotion Committee on 28-1-1977, M",W. 3, Shii Bakshl, admits that no intimation was given to the seven workman including Shri Biiendra Dubcv that there will be no meeting of the D.P.C. on 28-1-1977. He, however, tried to explain that they were orally Informed. Thete is no notice placed on the recoid of these piocecling-, as to how and under what encumstances the name of Shri Bircndra Dubey was deleted in the list of candidates whose names were considered by the D.P.C. in its meeting da'ed 24-4-1978, the minutes of which have been filed as Ex, C/4. It is, theiefore, clear that though initially vide Ex. r /1 the name of the workman was recommended as a candidate working as Works Supervisor for being considered in the D.P.C., but for reasons best known to the management something intervened and the D.P.C. did not meet on; 28-1-1977 hut met on 24-4-1978 when name of the work- man, Shr,i Biiendra Pubey, was not at all consideicd. In fairness to the workman and to this Tribunal also the management should no* havo withheld the necessary lecoids to justify the omission of the name of the woikman for being put up before th: 'D.P.C, when it met on 24-4-78. It is, therefore, clear that the management is trying to with- hold from and not disclose to this Tiibunal the relevant materials hecause of which the just claim of the workman could have been decided against it. 14. In what particular capacity the workman Vv.is working and paid was a matter on which the pay sheets and other relevant accounts books of the Colliery could havj; thrown the necessary light. The attendance register of the releuuit perioj should also have been produced before this Tribunal to decide as to what actual work done by the woikman befoie his name was recommended vide Ex. C/l on 24-1-1977. T,he fact that the relevant record has not been produced and has been deliberately withheld leads to the only conclusion that if such record has been produced it would have suppor- ted the case of the workman and not the management, 15. The fact that the workman was working as Woiks Supervisor, though he might be holding another substantive post as alleged by the management, is clearly borne out from Ex. C/l which is a communication addressed by the Senior Personnel Officer to the Junior Engineer Trainee (Civil) of the Colliery. From the endorsement to Fx. C/l, it is also clear that all the sevo-n workmen including the present work- man were asked to attend the office of the Personnel Officer for going before the D.P.C. If on 24-1-1977, lhc date on which the letter Ex. C/l was addressed by the Senior Person- nel Officer to the Junior Engineer Trainee, Dabua Colliery the workman, Shri Birendra Dubey, was not woikin:* as a Workk Supervisor from before then there was no question of his name being included as one of the candidates working as Works Supervisor since before the issuing of this letter. The excuse now put forward by M.W. 3 that the name was included due to an ciror by the Stenographer is an excuse which cannot be accepted on any invalid ground. The omission to consider his name by the D.P.C. was, in my opinion, deliberate and not due to any accidental slip as alleged by M.W. 3, Shri Bakshi, 16. Having thus considered the oral and documentary evidence given by the management itself as also tile docu- ments Ex, C/l to C/4 T have no hesitation in concluding that since before 24 1-1977 when I v C/l was addicted by the Senioi J'cjsonnel Olhcet the workman, Shu Buendia Dubey, was working as a Works Supci visor and that when the D.P.C. met either on 28-1-1977 (as indicated in Ex. C/l) or on 24-4-1978 (as per Ex. C/4) the claim of the workman, Shri Biicndia Dtibey, was required to be consiaeicd. 17. The question is as to what is the effect ol his name being omitted for reasons which cannot be attnbircd by the workman himself. J have already held above that the rele- vant lecord has not been produced in this case and (he docu- ments which have been produced go to establish that since befoie 24-1-1977 when 1-x. C/l was issued, the workman, Shri Biiendia Dubey, was woiking as a Works Supeivisor. Accordingly, in my opinion, Shu Birendra Dubcy, is entiled to be regularised at least from the date of the next meeting of the D.P.C, on 24-4-1978. By that date the workman must have completed 240 da>s on the post of Woiks Supei- visor (Civil) because theie is a clear admission in E\. C/l dated 24-1-1977 that Shri Hirendr.i DuU:y is working a^ Work Supervisor So counted from 24-1-1977 to 24-4-1978 the woikman had completed 240 days and at least fiom the latei dale he is entitled to be rcgulaiised ai Works Supeivi- soi in Clerical Grade II and paid wages and other allow- ances admissible to th.it post. 18. Issue No, 2.—Accordingly for the reasons given above, the management is ditcteel to legitimise the woikman, Shri Bircndra Dubey also referred to as Shri Veemdia Dubey S/o Kamal Prasad, an employee of the Damua Colliery on the post of Works Supeivisor, Civil Department from 24-4-1978 in Clerical Grade II- He shall be entitled to and be paid wages, allowances and other benefits admissible to the post of Works Supeivisor, Clerical Giade II, wilh effect from 24-4-1978. In the circumstances of the case, thcie will be no order as to costs. Award is made accordingly. S, R. W A S, Presiding Officer [No, L-220l2(10)/81-D.IV(B)J New Delhi, the 29th October, 1982 S.O. 3763.—In puistiance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of the Cential Govern- ment Industrial Tribunal, No. 3, Dhanbad in respect of com- plaint under Section 33 A of (he said Act filed by Shri Balram Mahato and 5 others against the management of Jamadoba Colliery ofi (TISCO) which was received by the Central Government on the 18-10-1982, BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 3, DHANBAD Complaint Case No. 1/81 PRESENT : Shii J. N. Singh, Presiding Oificor. PARTIES : Shri Balram Mahato and 5 others Coal Transport Workers (CTW), Jamadoba Colliery, C/o Rashtriya Colliery Mazdoor Sanfih, Rajendra Path, Dhanbad. ...Complainants Vs. The Manager (OPN), Jamadoba Colliery, Through, The Gencial Manager (Collieries), TISCO Ltd., at and P. O. Jamadoba (Dhanbad) ,..Opp. Parly. APPEARANCES : For the CompainQiils-—None. For the Opp. Party—"Sri S. N. Sinha, Gr, Personnel Officer. INDUSTRY : Coal STATE : Bihar DucJ, the 12lh Oaober, 1982 7. In such circiimstnncci, it is held that the present com- plaint petition i.s not maintainable and it h dismissed. AW \RU H. The awind is given ;\ccojdinj;Iy. J. N. SINGH, Presiding Officer [No. L-42012(1)/82-D.lV(B)] Thin is a Complaint U'S .33 A of the Industrial Disputes Act, 14 of 1447 filed by Sri Balram Mahalo and 5 otheis against (lie IVIanaget, Jnmadoba Colliery of T.I.S. Co, 5. S. MEHTA, Desk Officer or PER New Djlhi, the 25th August, 1982 S.O376S : - V i ; r j i, thj (il'ijtrial dispute specified in theS;hsd(ub hereto annexed is ponding before Shri B. Prasada R*o, th" Presiding Officer, Industrial Tribunal, Hyderabad; And whereas the services of Shri B. Prasada Rao are no longer available ; Now, therefore, 'n exercise of the powers conferre d by section 7A read with sub-scction(l) of section 33B of the Industrial Disputes Act, 1947 (14 of 1947) ,the Central G ivernment hereby constitutes an Industrial Tribunal, the Presiding Officer of which shall be Shri S.U.V. Ram-ma Reddy with headquarters at Hyderabad and withdraws the proceedings in relation to the said dispute ponding before the said Shri B. Prasada Rao, Presiding Officer, Industrial Tribunal, Hyderabad and transfers the same to Shri S-V. Rz mina R;ddy, Presiding Officer, Industrial Tri- bunal, Hyderabad, with the direction that the said Tribunal shall proceed with the proceedings from tho stage at which they are transferred to it and dispose of the same according to law, SCHEDULE Nimbcr and D ite of the Name of the parties Order (2) 0) 16 workmen and the manage- ment of Food Corporation of Tndia, Nellore. Order No. L-42011/29/81- D-IVA d^ted the 21 st May. 1982 from Govern- ment of India, Ministry ofL' bour, NewDjlrti. [No. L-42011/29/81/DIVA] ^ • ; o i / 8 2 —3 New Delhi, the 21st October. 1982 S,O. 376fi.—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 Govern- ment Industrial Tribunal, No. 1, Bombay In ihe industrial dispute between the employers in relation to the management of Messrs N. Jamnadas and Company, Bombay and their workmen, which was received by the Central Government on the 18th October, 1982. BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1 AT BOMBAY PRESENT : Justice M. D. Kambll Esqr., Presiding Omcor. Reference No. CG1T-4 of 1981 PARTIES : Employers in relation to Messrs N, Jainnadas Mid Com- pany, Bombay. AND Their Workmen. APPEARANCES; For the employer—Mr. S. J. Deshmukh, Advocate.. For the Transport and Dock Workers' Union, Bombay- - Mr. S. R. Wagh, Advocate. STATE : Maharashtra INDUSTRY : Port uud Doeta Bombay, the 30th day of September, 1982 AWARD The Government of India, Ministry of Labom, by order No. L-31012(2)/80-D,IV(A) dated 23rd March, 1981, in exercise of'the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947, have referred to this Tribunal for adjudication an industrial dis- pute between the employers in relation to Messrs N, Jamna- das and Company, Bombay, and their workman in respect of the matters specified in the schedule mentioned below :— SCHEDULE "Whether the action of the management of Messrs N, Jamnadas and Company, Bombay in terminating the services of Shri Digamber K. Chavan, Peon, with effect from 30th July, 1980 is justified : If not, to what relief is the concerned workman en- titled ?" 2. The employer, M/s. N. Jamnadas and Company, is a partnership firm having its head office at 16, Bank Street, Bombay. The workman D. K. Chavan was employed by the employer as a Peon in November 1973. His father also was serving as a Peon in this company. He retired on 1-7-1980. It is alleged by the employer-company that on 26th July, 1980, the workman picked up a quarrel with a receptionist, Mrs. L. E. D'Soiua. He lost his temper and started shouting and gesticulating. Mrs. D'Souza told hJm to move away as she was afraid that his hands may touch her. It is alleged that the workman then told her4hat he would not only stand close to her but would slap her. He then lifted a stool to hit Mn. D'Souza. Other receptionist. Miss P. Patkar, intervened and the workman then put down the stool and abused Mrs. D'Souza. He then went out of the room and made indecent gestures, Mrs. D'Souza narrated the Incident to the officers of the company. It is Hlteaed by the company that the workman was a mentaly retarded person. However, he was employed in the company at ihe request of his father on humanitarian grounds. The com- pany alleged that the services of the workman were termina- ted as the company had lost confidence in him. In view of the incident referred to above. He wag offered one month's pay in lieu of notice and also offered retrenchment compen- sation as a matter of abundant caution though the termina- tion was not on account of retrenchment. The company thcrcfoie pleaded that the termination of the services of th" workman was legal, proper and justified, 3. The Transport and Dock Workers' Union (hereinafter refeired to as the "iJQion") in its statement of claim pleaded Lhat no charge of any nature whatsoever was levelled ugainst the workman nor any inquiry wag held and the workman was no( given tin opportunity to defend himself in respect of the alleged incident daled 26-7-1980. The Union pleaded thut the action of Hie company in terminating the services of the workman was wrongful, arbitrary and Hlcgal. The Union, therefore, prayed that the workman be reinstated in service with full back wages and continuity of service. New Delhi, the 21st October, 1982 S.O. 3767.—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 Govern- ment Industrial Tribunpl Bombay-1, in the induntrial disptue between the employers in relation to the man^gemet of P & T Bombay and their workmen, which was received by the Central Government on the 18-10-82. BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1 AT BOMBAY PRESENT : Justice M. D. Karnbli Esqr., Presiding Officer. 4. On the date of hearing of thii reference the parties informed that they have arrived at a settlement. They filed a document signed by both the parties. Under that settle- ment the employer-company agreed to pay to the workman Rs. 10,000 in full and final settlement of all the workman's claims and dues including gratuity amounting to Rs. 2,053. It was recorded thut the said amount had been paid to the workman on the day of this settloment i.e. on 31st August, 1982, and the workman had duly passed a receipt for the same and that no amount of whatsoever nature is payable to the workman evcept his provident fund. In view of this settlement, it WHS prayed that the. reference be disposed of in terms of the settlement. 5. The document of settlement is signed by the workman and also by his Advocate, Mr. Wngh. 6. In the facts and circumstances of the case, I think the settlement arrived at is just and fair. I, therefore, dis- pose of this reference in term* of the settlement annexed to this award. 7. Award accordingly. No order .as to costs. Sd/- M. D. KAMBLT, Presiding Officer BEFORE THE PRESIDING OFFICER, CENTRAL GO- VFRNMFNT INDUSTRIAL TRIBUNAL NO. 1 AT BOMBAY Reference No. CGIT-4 of 1981 Employers in relation to M/s. N. JamnadH* and Com- pany, Bombay; AND Their Workmen. May it pietist the Honourable Tribunal N. Jnmnadas and Co., the Employer and the Trarspoil nnd Dock Workers' Union, Bombay, have arrived at the follow- 'infi settlement in the above Reference : N, Jamnadas nnd Co,, agrees to pay to the workman Mr. Digimbcr K. Chavan and Transpoit and Dock Workers' Union and Mr. Diflamber K, Chavan agree to accept Rs. 10,000 (Rupees Ten thousand only") in full rnd final settle- ment of all the workman's claims and dues including reinstate- ment and Rratuity amounting to Rs. 2053 (Rupees Two thousand fifty three only). It is hereby recorded that the above mentioned amount of Rs. 10,000 has been paid to the workman this day and the lu^kmon him duly p'sscd a receipt for the same and that no amount of w h a t e v er nature h payable by the employer to the workman or by the workman to the employer hcre- nfler have and except the workman's Provident Fund. In view of trie settlement, it is prayed that the Reference be disposed of in tcrmt of the settlement. Bornliny : 31st August, 1982. For Transport and Dock Workers' Union fft. R. Wafih) Advocate for the Union, Di"ambcr Kcshav Chavan Warkman For N. JAMNADAS & Co., Sd. Illegible PARTNER [No. L-3W12/2/80-D.IVfA)} T. B. SITARAMAN, Desk Officer PARTIES : Employers in relation to the management of P & T, Bombay. AND Their Workmen. \PPEARANCES : For the employer—Mr. P, R. Namjoshi, Advocate. For the Bhartiya Dak Kar.imchari Sangh—Mr. S. O. Border, Advocate. STATE : Maharashtra INDUSTRY : Telecommunication Bombay, the 30th day of September, 1982 AWARD The Government of India, Ministry of Labour, by Older No. L-40011(1)/B1-D,T|.B dated 28th July, 1981, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947, have referred to this Tribunal for adjudication an industrial dispute between the employers in relation to the management of P & T, Bombay, and their workmen in respect of the matters speci- fied in the schedule mentioned below :— SCHEDULE "Whether the action of the management of Post Master General, Maharashtra Circle, Bombay in not imple- menting the agreement dated 8-5-74 reached in the Joint Consultative Machinery Meeting in respect of Stamp Vendors by way of upgrading 20% posts in the pay SCHIC of Rs. 260-350 is Justified ? If, not, to what relief the said Stamp Vendors are entitled and from which dale 7" 1. It appear* that sometinne before 1952 the Central Government had entrusted the work of the tstamp vendors to contractors. The stamp vendors were mainly concerned witty the job of selling stamp and stationary, The said -con- tract system was terminated in the year 1952 or thereabout. The stomp vendors who were employed by lhs contiacto s were absorbed in the postal service and they were given the scale of pay applicable to the postmen. The stamp vondorB were however, classified as class 'D' even though the pay scales of postmen and stamp vendors were Identical. 3. It further appeals that sometime in the year 1968 the Director General of Posts and Telegiaphs, N w Delhi, decided to amalgamate the cadre of stamp vendors an-J postmen working in the Post Offices, In accordance with the ordeu in lhat behalf on 2-11-1968 it was prescribed :— "(i) The cadre of Departmental Stamp Vendors shall be declared as a dying cadre and all the posts of Departmental Stamp Vendors which ftill vacant in future consequent on ictirement, death, dismissal, etc.. or are created in future shall be designated as "Postman" and filled up accordingly. Postmen Departmental Stamp Vendors which fall vacant in not fit for outdoor duties but are quite fit for the job at present done by Stamp Vendors may pre- ferably be appointed to such pouts. the stamp vendors working in different Post Offices in the city of Bombay. It is submitted by the Sangh that the stamp vendors are entitled to be placed in the promotional giade in the ratio of 20% in the pay scale of Rs. 260—350 wi h retrospective effect from 1-6-1974. (ii) The existing Departmental Stamp Vendors shall be given option either to come to the cndie of Posl- man which is class III and retire at the age of 58 years or to continue as Departmental Stamp Vendois in Class IV and retire at the age of 60 yems. No claim for fixation of pay etc. will be entertained from Departmental Stamp Vendors electing to come over to the grade of Postmen. (iii) Suit of the Departmental Stamp Vendors who opt (declaration will be obtained in attached form) foi the grade of Postman shall be designated ns Poit- men and the posts of Departmental Stamp Vendors held by them shall also be conveiled to those of Postmen. Such officials, who opt for postmen's cadre, will not be entitled to claim to continue to peiform only the duties of Stamp Vendors, but will also be liable to be employed on deliveiy work like other postmen. (iv) The Departmental Stamp Vendors who opt for the cadre of postmen shall be considered en bloc iunlor to Postmen in the merged grade. They shall not be promoted as Head Postmen etc1., unle"s they have rendered service, as Postmen for a minimum period of three years and will be soverned in the matter of promotion by rules applicable to post- men. (v) All the posts required for the work of vending stamps in future will be created in the cadre of Postmen and for this purpose the existing standards applied for sanctioning Departmental Stamp Vendors will continue to apply." the agreement which refers to the category of itamp vendoi*. I ttunk, this submission docs not deserve to be accepted. The 6angh did not place on record the document containing the agreement reached in the Joint Meeting. Howcve, a letter dated 10-5-1974 addressed by the Director, Ministry of Communications (P&T Board) to all Heads of Circles/ Telephone Districts and other Administrative- Offices has been placed on record, by the employer. It in at exhibit E;5. A document incorporating Lhe decisions reached in the Joint Meeting is. enclosed with the said letter of the Director. We are concerned with item No. 2 in the said document regarding the decisions. That item ia in the following head- ing :— "Postmen/J-inemen/Wiiremefl/Mail Guards, etc. (Rs, 210—270J". 11. Now, the next question is wnolber the management of Postmaster Genet aJ, Maharashtra Circle, Bombay, is justified in not implementing the agiecment in icspect of the stamp vendors gtoup 'W. It is pointed out that the category of stamp vendors group 'D' is a dying category as is declared by lhe letter dated 2-11-1968 from the Director General, Posts & Telegraphs (exhibit £-4). Under that Letter all the posts of departmental stamp vendors •which, tall vacant In future consequent on retirement, death, dismissal, etc., shall be designated as postmen. However, this is not in my opinion a proper ground tor denying the benefit to tlie btamp vendors gtoup 'D' under the decisions in the Joint Meeting. It is however submitted for the employer that in 1968 un option was given to the stamp vendors to come to the category of postmen so that they could have become eligible tor further promotions while working in (he category of postmen. However, some stamp vendors who are now In group \D* did not exercise that option obviously for earning tho benefit of the retirement at the age of 60 years, and not at the age of 58 years. Those who exercised the option and went to the category of postmen stood the ohancc of being promoted to some other categoiy in course of time but they would have to retire at the; age of 58 years. It 4$ submitted for the employer that by liot exercising the option of opting for the cadre of postmen, the stamp vendors who are n ow in group 'D' have impliedly agreed that they will not bo entitled to any promotion or higher grade throughout their scivice. They are now asking Cor higher grade; but it is submitted ihat they cannot have both the advantages viz., the advantage of earning highei trade and at the same time retiring two years later i.e. at the age of 60 year's. It is not in dispute that the stamp vendors whose cause is being espoused by the Sangh are in group 'D', It is pointed out for the employer that at per the Government of India orders below rule 6-A of the Cen- tral Civil Services (Classifkalons, Control and Appeal) Rules, tho maximum of pay scale permissible to group 'jy employees is Rs. 290 only. It is submitted that If the stamp vendors are given the benefit of the higher grade of Kg. 260- 350, it will cross this limit of Rs, 290 being the maximum pay to which the employees in group 'D' are entitled. If the higher grade' of Rs. 260-350 ore given to them they will after they reach the pay scale of Rs. 290 go over to the scale of group 'C. It is contended for the employer that once they having refused to opt for the cadre pf poitmen (group 'C') for earning the benefit of retirement at the age of 60 years they should not be now allowed to claim the bithsx grade. I think, there is much substance in this sub- mission. I find that there is justification for the employer in not implementing the agreement dated 8-5-1974 so as lo give the benefits to stamp vendors of the higher grade of Rs. 260-350. Mr. Borkar, the learned couset for the Sangh, reiiej upon this item in support of his contention that the category of stamp vendors is also included in the categories to whom the benefit b>* way of upgrading 20% posts was extenued. It is tiue that there is no specific mention of the category of stamp vendors under thiiy item. However, Mr. Borker relied upon the expression, "etc." in the heading of this item. H" further relied upon the fact that the categories covcicd by item No, 2 are in respect of the grade ot Rs. 210-270. This is so mentioned in the table. Mr. Borkar jointed out that the grade of stamp vendors is the some. As against this, Mr. Kamath who is examined as EW-1 for the employer and who is the Asstt. Postmaster General in the oftice of th' stamp vendors. According to Mr. Kamath, the decision at item No. 2 doeg not apply to them. As against this, Mr. Borkar the learned counsel for the Sangh, placed reliance upon the letter dated 15-6-1974 (Ex. El) issued by the Government of India, Ministry of Communications. Under that letter Instructions are issued with regard to the avenues of promotion and related matters in respect of lhe> categories indicated in the succeeding para- graphs of that Tetter. Paragraph 3 of that letter makes specific mention of stamp vendors along with postmen and village postmen. It is clearly stated In that paragraph that there will be increase to the extent of 20 per cent of the number of posts In the cadre of postmen, village- postmen and trtamp vendors in all the Postal Divisions and Units is to be taken together. There is one more letter dated 30-5-1979 on record issued by the Asstt Director General to all Heads of Postal Circles, That litter at exhibit E-2 states that the posts of stamp vendors in the pay scale of Rs. 210-270 shall be taken into account for the computation of 20 per cent posts in the pay scale of Rs. 260-350 though the said posts are in group 'D*. There is, however, a subsequent letter dated 6-7-79 (exhibit E-3) from the Asstt, Director General stating that group 'D' officials arc not eligible for promotion to lhe scale of Rs. 260-350. The earlier letter dated 30-5-1979 (exhibit E-2) however says that the posts of stamp vendors in the pay scale of Rs. 210-270 shall be taken into account for the computation of 20 per cent posts in the pay scale of Rs. 260- 350. On the basis of the subsequent letter dated 6-7-1979 (ex- hibit E-3) it is sought to be contended on behalf of the cm- plover that though the posts of stamp vendors group *D' are lo rif taken into account for the computation of 20 per cent posts in the pay scale of Rs. 260-350 the officials working In that group viz,, group 'D' however are nor eligible for promo- tion. One thing becomes clear from these letters of the Postal Department that the posts of stamp ven- dors group T>' were to be taken into account for the com- putation of 20 per cent posts In the pay scale of Fs. 260- 350. Thouch, therefore, there is no specific reference In item No, 2 of the decument of the decisions accompanying letter exhibit TM, to the category of stamp vendors I am inditied to hold that the decisions of the Joint Meeting related of 8-5-1974 to the category of stamp vendors group 'D' also. 12. The next question is whether these stamp vendors are entitled to any other relief, and if so, from which date, It is submitted on behalf of the Sangh that the benefit of upgrading 20 per cent posts in the higher scale of Rs. 260- 350 is given to all the cadres in the P & T Department viz., postmen, linemen, wiremen, mail guards, office clerks, tele- phone operators, etc. It is argued by the Sangh that even though stamp vendors Is a group 'D' post, it attracts the pay scale applicable to the postmen grade who Is a group 'C employee. According to the Sangh, therefore, the stamp vendors are entitled to the same treatment. J think, there is some substance in this submission. The decisions reached in the Joint Meeting pot only confer avenues of promotional grade on group 'C employees, but class IV grades in the pay scale of Rs. 196-232 are aluo benefited, It will appear from item No. 1 of tho decisions reached fn the Joint Meet' ing annexed to the letter of the P & T Directorate dated 10-5-1974 (exhibit E-5) that Jamadars grade po&t ore re- commended to be created on the basis of 20 per cent of the number of posts In class IV grade. If other dais IV grades are to be benefited and are actually benefited and are to be benefltted by the decisions in fte Joint Meet- ing tnere ft no just and proper reason as to why these stamp veadors should be denied similar benefit. It iB true that I have held Jhat the employer Is jmtiffed in not extending to thern the benefit of upgradmg 20 rer cent posts In their cadre in the pay scale of Rs. 260-350. However in mv ™™MvJhiir fr°U-p ?' yam^.vendors should W given some benefit. As is already pointed out the Department want* to " !" Into aeccrant,fte category of group 'D1 stamp vendors for the computation of 20 per cent In the pay "calc of Rs-, 260-350, However, the Department does mt want to give benefit of these upgraded posts to these stamp vendors. It appears that the upgraded posts so counted will be available to KSUI other category like postmen, while Ihe stamp vendors will be deprived of that benefit. 1 think, in order to give some benefit this category it would be proper to give special pay of Rs. 20 per month and such special pay shall be given to 20 per cent of the cadie of stamp vendors group 'D' on the basin of senlority-cum-fit- nesjj from 1-1£1974 I.e. Ihe date from which the benefit under the said agreement reached in the Joint Meeting Is extended to other cotegories. 13. I am told that the last incumbent from this category of stamp vendors is due to retire on or about 31st July, 1984. Trie present strength of this category is 150 (see ex. E-6). For the purpose of compulation of 20 per cent the total cadre strength of stamp vendors group 'D' existing in the various units of Maharashtra circle including the city of Bombay at the relevant times from 1-6-1974 will be taken into consideration. However, care will be taken to see that the benefit of 20 per cent computation is extended to the stamp vendors working in the city of Bombay as far as possible according to their strength. Similarly, the number of the workmen from stamp vendors group 'D' en- titled to this benefit of special pay on the basis of 20 per cent of their cadre will be determined, as far as possible, on the basis of the seniority-cum-fitness and on the total strength existing on 1st April of each year as I am told that the official year of the Postal Department begins on 1st April. 14. Award accordingly. No oider as to cosh. M. D. KAMBLI, Presiding Officer. [No. L-4OO11(1)/31-D.1I(B)) S. S. PRASHER, Desk Officer. New Delhi, the 22nd October, 1982 S.O. 3768.—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 Govern- ment Industrial Tribunal No. 3, Dhunbad in respeet of a complaint under Section 33A of the said Act filed by Shri Hiralal Mahato, Electrician, Sudamdih Colliery of Messrs Bharat Coking Coal Limited, Post Office Sudamdih, District Dhanbad against the management, which was received by the Central Government on the 21st October, 1982. BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 3, DHANBAD Complaint Cane No. 4/80 PRESENT : Shri J.'N. Singh, Presiding Officer PARTIES : Shri Hiralal Mahato, Electrician, Sudamdih Colliery of M/i. Bharat Coking Coal Ltd., P.O. Sudamdih. Dist. Dhanbad. .Complainant. Vs. Employers in relation to the management of Sudamdih Colliery Of M/s. Bharat Coking Coal Ltd. (S. K. Nanii, Asstt. Engineer (E&M), sudamdih Colliery). . .Opp, Party APPEARANCES : For the Complainant—Shri S. Pal, Advocate. For the Opp. Party—Shri B loshi. Advocate. INDUSTRY i Coal STATE : Bihar Dated, the 13th October. 19S* whether the action of the management in not promoting the complainant Sri Hiralal Mahato to the post of. Charge- man/1-oreman is jusiflcd. U is stated that durirm the pen- dency of the said Reference the management has changed the condition of service of the concerned workman to bis prejudice. The change in condition of service is stated as followj : (a) On 25-6-80 Sri S. K. Nandi. Asstt. Engineer, Sudamdih Colliery stopped the attendance of Shri Hiralal Mahato in 400 M.H. (b) When the concerned workman protested auainst the above illegal and arbitrary stoppage of attendance the management issued a warning letter to him without serving any chargesheet. It is submitted that above two actions of the management has changed tlic condition of servico of the concerned workman. 3. On behalf of the management, however, it is stated that there has been no change in the conditions of service of the concerned workman. It is stated that the concerned workman was transferred to 400 M.H. by an order of the management He absented himself and did not join and finally he joined on 1-7-1980. U is further stated that Sri S. K.. Nandi, Asstt. Engineer never stopped his atten- dance. Further it is stated that warning is not a penalty at all and giving warning to a workman does not amount iiny change in the conditions of service. It is submitted that the concerned workman was transferred to his present post with the some terms and condition* of service and it was an internal transfer for exigencies of work. 4, The point for consideration is as to whether the management has violated the provisions of Seciton 33A of the Industrial Disputes Act. 5. Ext. M-l is a letter dated 19-5-1980 showing that Sii Hiralal Mahato was transferred to work under Sri K. B. Nanda, Sr. E. E. with-immediate effect. MW-1 is Sri Munjhi Kumar a peon of Sudamdih Colliery. He has stated that he had taken this letter of transfer (Ext. M-l) for delivery to the concerned workman but he refused to receive the same ;md then put his endorsement on this letter and retuined it back to the management. In the endorsement the peon has written that the concerned workman refused to receive this letter. There is nothing in the cross-examination of this witness to" disbelieve his testimony. The concerned workman WW-1 has also admitted in his cross-examination that Ext. M-l is the letter regarding his transfer but he did not receive the said letter. According to him there was another letter of transfer which wag received by him on 1-7-80 and on the basis of that letter he joined the new post, but the said letter has not been filed by him. Thus It is clear that the concerned workman was transferred to his present pojt by Ext. M-l which he eventually joined on 1-7-80. MW-2 is Sri S. K. Nandi, Executive Engineer who has stated that a copy of Ext. M-l was received by him and he had told the concerned workman that he has been transferred and he should join his new place of posting, but the concerned work- man absented himself from 25-6-80. He has further stated that he never stopped his work or his attendance and he never passed any order. Thus the concerned officer has denied the allegation made against him that he had stopped the attendance of the concerned workman. Though in the complaint petition the alleged order of Sri Nandi has been stated in inverted coma but no such order has been filed by the concerned workman to show that there was any such order by Sri Nandi stopping his work. 6. Thus from the evidence on record, it is clear that the complainant has failed to prove that Sri Nandi of any other officer stopped his attendance from 25-6-80. This is a Complaint U/s. 31 \ nf the Industrial Disnufe"; Act. 14 of 1947. 2. The case of the complainant is that Reference No. 26/80 was pending before this Tribunal and the issue was 7. Another ground of the complainant Is that a wanrrng. was issued against him. The letter of warning h Ext W-1 doted.8-4-80. It cannot be said by any stretch of imagination that ivme of warning letter will amount to change of condi- tions nf service It cannot be denied that the management has pot power to make internal transfers. There- is n0 evidence to show that a differefft scale has been given to rhe con- cerned workman nfrer his transfer. The terms and condition* of his service remained t ie "ame. 8. In these circumstances It cannot be held that the manage- ment has violated the provisions of Section 33 of the Industrial Disputes Act, 9. Accordingly I hold that the present complaint petition is not maintainable and hence it is dismissed. 10. The awaid is given accordingly, J N. SINGH, Presiding Officer. [No. 1.-20025(6) /82-D.1IHA)] A. V. S. SARMA, Desk Officer. New Delhi, the 2nd November, 1982 S.O. 3769.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby publishes the following award of Ihe Central Govern- ment Industrial Tribunal. Ahmedabad in the industrial dispute between the employers in relation to the management of Oil and Natural Gas Commission, and their workmen in the matter of " complaint U/.s 33A of the Industrial Disputes Act. 1947, which was received by the. Central Government. BEFORE SHR1 G, S. BAROT. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TR1BUN \L AT AHMEDABAD Complaint (1TC) No. 1 of 1981 IN Reference (ITC) No. 8 of 1981 V. Tulsidharam O.N.G.C. Colony F-28, Saij Colony, Tal : Kalol, Dist, Mehsana " Complainant Vs. The Project Man-.tger, Shri S. N. Mitra, O.N.G.C, Sabar- mati, Ahmedabad Respondent In the matter of a complaint u/s. 33A of the Industrial Dis- putes Act, 1947 APPEARANCES : Shri P. Chidambaram—for the complainant, and Shri D. C. Gandhi, Advocate—for the respondent. AWARD This is a complaint filed by the complainant-employee against the respondent-employer ii/a. 33A of the Industrial Disputes Act, 1947, hereinafter to be refer to as the 'Act' The case of the complainant is that he is a permanent em- ployee working as Assistant Technician fFitting) at Rig No. D-5-V of Oil and Natural Om Commission, hereinafter to be referred to as the 'ONGC', that as he is posied in the Held where the drilling operation is going on, that some demands havc been referred by the Government of India, Ministry of Labour, New Delhi to this Industrial Tribunal and the same is pending adjudication, that the complainant is Ihe concerned workman in the said refeicncc and that during the pendency of the said reference, the ONGC has issued an order dated 17-6-81 effecting change in the condition* of service and thus contravened the provisions of S. 33 of the Act. that the ONGC has issued tht order dated 17-6-81 because of which the complainant has to reach the requisite bus stop 45 minutes earlier, that the ONGC has no right to effect this change without prior approval of this Tribunal. It has therefore been prayed to quash the said order dated 17-6-U1 and _ to order the ONGC to restore the original shift bus timings. 2. On behalf of the ONGC written statement ex. 8 has been filed wherein a preliminary contention that the complaint made as such is not legally maintainable has been laised. It has been stated that the ONGC has not contra\rned any of the provisions of S. 33 of the Act it was then contended on behalf of he ONGC that a memorandum of settlement dated 22-11-79 reached between the ONGC arid the employees unions/associations, inter alia provides for payment of Ope- rational Allowance vide clause 6.1 of the said settlement which lead*, M under : "This allowance shall be payable to such of the em- ployees who are engaged in operational activities, in consideration of the arduous and/or hazardous nature of work performed, including the extra time Involved in travelling to and fiom the duty points of such employees." ft has been fuither contended that under the aforesaid settle- ment employees who arc engaged in operational activities i.e. the persons who havc to work at Drilling site/Installations have to travel and spend extra time to reach at the duty point in time. It is', therefore, provided that in consideration of the extra time involved in journey such employees are paid operational allowance in term** of the settlement. It has been further submitted that with a view to have cordial rela- tions and as a welfare measure, the management ha,s provided shift vehicles for the employees to pick them from particular points and to take them to their respective duty points. Kcepinc in view the distance of the drilling site/installations und keeping in view the residential places of the employees, the management worked out a detailed plan so that minimum time can be spent by the employees to reach the duty poj'ut. This lacility has been given voluntarily as a welfare measuie and does not form a part of service condition, thut since it is not part of the service condition there is no question of any change being effected by the ONGC, that the prevalent shift timings at the drill site round the clock are as under, from 7-00 a.m. to 2-00 p.m. from 2-00 p.m. to 10-00 p.m. and from 10-00 p.m, to 7-00 a.m., that the management pro- vides buses to catry the shift personnel from some points of the city as a welfare measure, that the ONGC started drill site \iz., J.R.D. which is approximately at a. distance of about 54 R,M. from Sabarmatf office, that normally the S.T. buses take 1-25 hours for covering the aforcs.iid distance but the management hav put up the timings of the shift bus ho that drill site workmen can reach at the start of the shift timings, and there is no question that the management desires to change the timings of any workman. The timing; of the workmen working at drill site including the complainant are so fixed that they can reach the point of work at the start of the shift. In view of the above it was contended that the complaint deserves to be dismissed. 3. I have heaid Shri P, Chidambaram, learned representa- tive of the union and Shri D. C. Gandhi, learned advocate for the ONGC. In the instant case first of all it is to be decided whether the complaint made as such is maintainable or not. As far as this question is concerned Shri Gandhi for the ONGC very vehimently urged that the complaint made as such would not be maintainable in as much a* the ONGC has not contravened any of the provisions of S. 33 of the Act as alleged by the complainant. As argued by Shri Gandhi, the ONGC has tried to lesson or minimise the grievance of the workmen about reaching the shift bus late to the drilling sites. In suppurt of this contention Shri Gandhi also .drew my attention to the demands raised in Reference (ITC) No, 8 of 1981 and argued that if we see the demands raised by the union, in substance, they aie about regularising the bus timings so that the hardships felt by the workmen bf reduced or they be compensated by way of over time allowance. Thus, according to Shri Gandhi, there is no breach as alleged but it has been the endeavour of the ONGC to minimise the grievance of the woikmen and that too was in pursuance of the undertaking given by the ONGC before Conciliation Officer in a dispute raised in this behalf. As against it was argued by Shri P. Chidambaram that the ONGC has committed breach of S. 33 of the Act in as much as the ONGC by effecting bus timings has effected a change in the service conditions of the workmen concerned. The workmen have to reach 45 minutes earlier than before. Shri P. Chidambaram also contended that the ONGC has also not given any notice u/s 9A of the Act ai the matter Js covered under The Fourth Schedule to the Act, viz., hours of work and rest intervals. The ONGC has thus made a chynge without giving proper notice. It is also to be noted that this change effected by the ONGC Is to the prejudice of the workmen and therefore the change made is illegal and the same should therefore be withdrawn. According to Shri P. Chidambaram the ONGC has also effected a change in usage without anv previous notice and therefore also the change effected is illegal and should be withdrawn. Now, coming to the preliminary point, it would be first of all necessary to. consldtr the provisions of S. 33A under which this complaint .has been made.1 S. 33A reads as under :— "Where an employer contravenes the provisions of S. 33 during the pendency of proceeding before a • Labour Court, Tribunal or National Tribunal, aoy employee aggrieved by such contravention, may make a complaint in writing, in the prescribed manner, to Such Labour Court, Tribunal or National Tribunal and on receipt of such complaint that Labour Court, 'tribunal, or National Tribunal shall adjudicate upon the complaint as if it were a dispute referred to or pending before it in accordance with the provisions of this Act and shall submit its award to the appropriate Government and the pro- visions of this Act shall apply accordingly." Reading of this section cleatly <>hows that llie complaint would lie only when the employer has contravened the provisions of S. 33 during the pendency of the proceedings before ihe Tribunal. Now, in the instant case it is true that n refeience, being Reference UT) No. 8 of 1981 is pending before this Tribunal. But only the pendency of a reference would not by itself sufficient to provide cause to the complainant for tiling the complaint. What is more important is the contravention of S. 33 during the pendency of a reference. Let us now examine whether in the instant case of employer has contravened any of the provisions of S. 33. Now. S. 33 of the Act is as under : "33. (1) During the pendency of any conciliation pro- ceeding before a conciliation officer or a Bo.u d or of any proceeding before an arbitrator o:1 a Labour Court or Tribunal or National Tribunal in icspcct of an industrial dispute, no employer shall— (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workirien concerned in such dispute, the conditions or service appli- cable to them immediately before the commence- ment of such proceeding ; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workman concerned in such dispute, save with the express permission In writing of the authority before which the proceedings is pending. (2) During ihe pendency of any such proceedings in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute, or whete there are no such standing orders in accordance with the provisions of the contract whether express or implied between him and the workman—' (n) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the com- mencement of such proceeding's; or Ib) for any misconduct not-connected'with the disptne. dischnifie or punish, whether by dismissal or otherwise, the workman : Provided thai no such workman shall be discharged or dismissed, unless he hus been paid wages for one month and an application hns been made bv the employer lo the authority before which the pioceed- inR is pending for approval of the action taken by the employer." to that effect. They had made representation! in this behalf lo the management of the ONOC und the question *va" COHJI- dercd by the management. Nor only that but the manage- ment has also given an undertaking before the conciliation officer in the dispute raised in this behalf, in the followmg terms : "The management assured as far as timely running of bus is concerned, ths management will take all btep" u> run shift buses in time. However, since project authorities cannot go beyond what is stated under Mines Act, granting of compensatory off for late running of shift bus after half an hour of the scheduled time and also for returning back from shift bus, the management will have to make re- reference to Headquarter since it will have repur- cussions all over India. It was also brought out by the management that one of the reason of late ar- rival of shift bus to driIL.lt* is duo 1o non-introduc- tioa of fact iourney period. In case factual journey time is introduced, the management assured for run- ning the shift bus in time. The union stated that the management may make reference to Headquar- ter Office for decision but till such decision comes they shall avail of fhe above concession. The manage- ment is agreeable to the above. The union shall co- operative with the management. The discussions are adjourned to 16th May, 1980. The workers shall resume work immediately." Thus, even according to the ONGC the bus was not playing in lime and it was therefore felt that there was some justifica- tion in the grievence made. It was also an important factor that plying of late buses also involved the ONGC huge cost in payment of overtime wages. Thus it was thought proper by the ONGC to make necessary adjustments in the timings and only with a view to achieve that goal the order was made that the employees should reach the bus stop 45 minutes ear- lier than before. It is also to be kept in mind and that has come also in evidence on record that when the employees have to come 45 minutes earlier, they also come back 45 minutes early at horne after their shift work Is over. Here it is also pertinent to note that the ONGC has not effected any change in shift timings of the workmen concerned. In fact the timings of their shift working have remained the some but only to regularise the bus service and more so to lessen or minimise the grievences of the workmen concerned, tho change in bus timings has been effected. In my opinion, It cannot be said to be a change in service condition in as much as the ONGC has not effected any change in the shift timings.-1 am, therefore, of the view that in the instant case it cannot be said that the employer, i.e., the ONGC has com- mitted breach of S. 33 when there is no breach of any of the service conditions. There is therefore no question of breach of the provisions of S. 33. Shri P. Chidambaram had also irgued that the ONGC has not given any notice u|s. 9A of the Act cventhough *he matter is covered onder item no. 4 und R of the Fourth Schedule, viz., Hours of work and rest intervals; and Withdrawal of any customary concession or privilege or change in usage, respv According to Shri P. Chidambaram the ONGC has effected a change without Riv- ing proper.notice and that too to the prejudice of the work- men. I have considered this contention of Shii P. Chidambaram nnd T am of the view that cvsn on this count also thero Is no case. S.9A reads as under : "9A. No employer, who proposes to effect any change in the conditioas of service applicable to any workmen in respect of any matter specified in the Fourth Schedule, shall effect such change— fa) without giving to the workmen likely to be affected by such a change a notice in the prescribed manner of the nature of the change proposed to be effected ; or (b) within twenty-one days of giving such notice :. ." are concerned, vis., hou" of woik and rest intervals and change in usage. Let us now see whether this can be said to be trpe. As far as item no. 4— hours of work and rest inter- vals is concerned it cannot be said that the ONGC has effect- •ed any change In this behalf m afl much as the houcg of work and rest interval of the employees remain the fame. The ONGC has not effects any change in the shift timings for "which the workmen have tc work or in their rest intervals. Similarly, it cannot be said that the ONGC has effected any change in usage as the ONGC has not withdrawn the bun facility. The onlyi thing -.hat has bowi done by the ONGC is only norne adjustment berc and there to see that the workmen reach their work site in time and also reach their home back In time. It k also to be kepi in mind that this has been done also with a view to minimise the grievance of the workmen hi this behalf. Considering the facts and circumstances of the case on the whole 1 am of the view that the ONGC has neither contravened provisions of S.33 nor made breach of S. 9A as arswed by Shri P. Chidambaram, In my view there- fare the complaint ujs. 33A mpde as such Is not maintainable and die Same deserves -o be dismissed. This disposes of the preliminary point raised un behalf of the ONGC. In view of this it would not now be necessary to decide the matter fur- ther. But ai the parties Ldvc who led evidence on merit. I would also dispose the ^asc on merits 4. After Having disposed of Jho orejiminary contention raised by the ONGC, I wl]l now proceed to deal with the complaint on its merits. The complainant along with the complaint has filed at ex. I u. copy of the order of reference made by the Government of India, Ministry of Labour, to this Tribtmal. The schedule thereof shows the demands refer- red to this Tribunal as AnnoMTe 'A'. They are as under : "Whether the demand of ONGC Rifiman &. Topman Association, Ahinedabad as mentioned in Anuexure 'A' Is justified ? If so, what relief and from what date the employees working in the field are entitl- ed ? ANNEXURE 'A' 1. That the field sinff should wait for two hours over and abovs the fixed time of arrival of the shift bus at respective destination. 2, That if to <-hif- bus docs not reach the respective destination within t"*o hours, the employees may go home MIJ they will be marked piesent on the said date. 3 That if the
The complainant has also filed an affidavit \ide ex. 4 wherein he states that as per the terms and conditions of his service he is provided with tfte benefit of poing to the work place by staff bus; that ne> K p concerned employee in Re- ference (1TC) No, S oi 198) ; thai he is staying at Saijpur and has to reach the bus uon ai which the staff bus was made available at fi-30 a.m. o"t b} order pawed by the ONGC on 17-6-81 the ONGC has changed the timings and he is compelled to reach ejilk'r by 45 minutes; that the OKGC has effected this change w'ih,wt following the necessary proce- dure as required u|s. 31 of the Act.t th^t this is a change in rrfs working condition*- in as much a" the same has been effected without obtaining permission of this Tribunal and therefore breach of S. 33 rf the Act has been committed. He has also filed a furthe. affidavit at ex. 9 wherein he has given the distance b c ' w tn various drilling points includrnR tne drilHn* point cm vrhlcu he wa" working lost, viz., J.R.D. and the distance h about 54 Kms from SabarmntJ. He has further stated that according to tl'e new timings he h re- nuired to reach (he bus st^n 4} minutes curlier. As against this, vide ex. 10. one Mr. Makhjja who.U the Administrative Officer in the ONGC na<; fiVtl nn nfflHavit. He tins stated in his nffidavit that the OovfTpmcnt of India has referred some of the demands of th^ workmen srjd Reference (TTC) Mo. R of 1991 In tr)h b^bilf is ricndinR before this Tribunal ;
"In continuation of this Ministry's letter u*~ ever, number dt 8-1-80 on the subject mentioned above, I am directed to state that it is tukJerstood that the manure- roent bavo acquired 4 new buses and have hired another 4 buses from the local tiamport authorities for carrying employee? to the worksite. It is also understood that the management have offered that the employees can travel by local transport to the Base Centre of the CommUsion winch is connected by public transport and they would be re-imbursed bus fare spent by them in case they compelled to travel by loc1h" njaJiajiemer't it is rot proposed to refer the dis- p'.ie to abdication." He has further affirmed that cooscquoiit upon a similar strike notice served by Rigman & Topman Association and in the course of the conciliation proceedings on 16-3-80 the ONGC management gave an usdertaking In the following* terms : "The management assured as far as timely running of bus is concerned, the management will take all steps to run shift buses in time. Howevei, since project authorities cannot go beyond what is stated under Mines Act, granting of compen- satory off for late running of shllt bu^ afler half an hour of the scheduled time and also for returning back from shift bus, the management will have to make reference to Headquarter since it will have lepurcnssions all over India. It was also brought out by the management thot one of the reason of late arrival of shift bus to drillsite is due to non-introduction of factual journey period. In case factual journey time is introduced, the management assured for running ths shift bus in time. The union stated that the, management mav make reference to Headquarter Office for decision but till such decision comes they shall avail of the above concession. The munucement is agreeable to the above. The Union shall co- operative with the management. The discussions are adjourned to 16th May, 1980, The worker; shall resume work immediately." Thus the main grievance of the members of the staff appears to be that the bus was not playing on time and as a matter of fact the ONGC also felt that their grievance was justified. Besides plying of the buses late also involved the ONGC in hu#e costs of payment of over time wages. It was furlher contended that with a view to set the matter right the ONGC analysed the bus timings effective from 29-4-81 to 7-6-81 al the various "it" of Rig SD-V nnd the statement showing the result of the analysis shows that the bus was plying late from 30 minutes to one hour almost every diys; that to avoid this late reaching of the bus lhe ONGC toolc steps to see that the bus carrying (he membeis of the it.tff/workmen runs in time so that difficulty c\r>eri- enoed by them may not continue & the ONGC may not have to spend unnecessarily tTWnrd.) over time wages. Thus. a" ner the undertaking given before the Conciliation Offieer. the ONGC tried to see that the bus mny not retch late; rhnt prior to 17-6-81 m the bus was running late the stnff/work- men couM not reac.h their home* in time after duty hours and they had to reach their homes late as the bus for the second shift also in that cycle was running late. The practice there is that the next shift bus which brings the staff/workmen at the Works site brings back the staff/work- men of the previous shift back to their homes. Whist the ONGC has now done is nothing but to regula,ise the bus timings and in doing so the staff/woikmen havj to start early by about 35 minutes only. Bat it is to lie nu;ed that the workmen reached their homes also 35 minutes earlier. Thus, the totality of the time spent prior to 17-6-81 and the totality of the time spent subsequent to 17-6-81 for boar- ding bus for going to work site and coming back home from the works site exactly remains the same. As f,ir as the complainant is concerned as he stays at Saijpur colony, he has now to travel 6 Kms. less than before. It is however true that he has to bnatd the bus at 6-10 a.m. instead of 6.40 a.m. but it is to be noted that he reaches back to his home at 2-50 p.m. instead of 3-20 p.m. That the work on the site is a continuous process of work which requires the work round the clock an.,! as the bus used to leach late at the work site what was happened was that the next bus shift workers had to continue to work till (he bus would arrive with the result that the next shift workers were re- quired to be detained on over time work and this cycle was going on only because of the fact that the bus was not reaching the site in accordance with the shift linings. It is also to be noted that a strike notice was seived by the union on the ONGG demanding that the timing of the but> should be so regularised that the bus docs not reach late at the uork site. Moreover there is a settlement dated 22-11-79 which provides for payment of operational allow- ance including the extra time involved in travelling to & from the duty points of the employees; that the complainant is also entitled to receive the said allowance; that the works site does not remain constant and the very nature of the work is such that the works site remains changing quite often. It was hence submitted that considering all this, there is no change in conditions of service as far as the complainant is concerned and therefore the complaint made as such deserves to be dismissed. Tt was also pointed out that after the change of the bus timings as mentioned in the complaint, the Technical Workers' Association, Ahmedabad, had filed Special Civil Application No. 2481 of 1981 challenging the action of the ONGC in changing the shift timings but the same was not admitted by Hon'ble the High Court. Arrisxure *A' to ex. 10 is the copy of the strike notice dated 20-7-79 and it appears that this is with regard to the grievance of the workmen about running of the shift buses which was normally reaching late. Annexure 'B' is the statement show- ing the result of the survey conducted by the ONGC during the operation at JAA. 5. In support of the complaint, the complainant who has filed his affidavit at ex. 9 has been cross examined at ex. 11 wherein he states that he is working as Assistant Technician (Fittings) and he is .a member of the Technical Workers' Association. It appears that he is working at J.R.D. well. He stays at Saijpur colony. He has to pick up the shift bus from Saijpur colony. He has further admitted that when the bus used to come late also used to reach the work site also late. He has further admitted that the persons working in. the previous shift used to come back in the same bus and the result wns that if the bus reached late those persons working in the earlier shift had to work over time and also reach home that much late. He has also admitted that the "work in the ONGC as far as the drilling site is concerned is round the clock. He has however denied any knowledge that a dispute has been raised by the union because these.shift buses used to reach the work site late and he hrs also denied any knowledge that before the Conciliation Officer, the management had assured to see that bus timings would be properly adjusted. He has a'so denied the knowledge about the survey conducted by the ONGC in this behalf. He has however stated that he had heard about the union having gone to the High Court by way of writ application, about the change in timings but deny that he knew that the said writ was, not admitted by Honble the High Court. Similarly Shri Makbija who was examined by the ONOC was also cross examined at ex. 12 bv the union & Sri Makhija has stated that the ONGC has arranged to see that the workmen are taken on work site and brought Hr-k to their home by bus. He has further stated that out of 4 rigs, timings at 2 rigs only have been changed and for 2 rigs they have not been 902 GI/82—4 changed because there the buses would reach in time. In respect of the question whether he had any personal know- ledge about the distance between the different drilling sites Oi \vhelher he had seen the survey report taken by the ONGC this witness has admitted that he had fled the affi- davit on the information received from the office and he has no_ personal knowledge about the same, It is true that this witness has filed ihe affidavit onl\ from the office re- cord and he had no persona] knowledge. Ev;n he has not been able to produce the survey report in Court. 6. After having considered the evidence in its totality I am of the view that even on merits there is no substance in the argument advanced by Shri P. Chidambaram. As observed above, there is no contravention of S. 33A and there is also no breach of S. 9,\ of the Act as tried to be argued by Shri P. Chidambaram. As far as the evidence of the complainant is concerned in substance he has deposed that because the ONGC has changed the bus timings, he has to reach the bus stand 45 minutes earlier and this has been done in breach of S. 33 of the Act. As against this, the evidence led by the ONGC shows that they have noi com- mitted any bieach of any of the sections as tried to be suggested by the union. On the other hand ths ONGC has tried to minimise or curtail the grievance of the workmen and also .keeping in view the huge financial burden which the ONGC has to bear by paying over lime wages. Not only this, but as discussed above this was done by the ONGC in pursuance of th? assurance given befori the Con- ciliation Officer in this behalf. It is also to be noted that the ONGC has not made any change in the shift timings and what they have done is only to make certain necessary adjustments in order to see that their working becomes very smooth and the hardships experienced by the workmen con-, cerned were minimised. In my opinion they have a right to do so. In support of this action of the ONGC, the learned advocate appearing for the ONGC Shri D. C. Gandhi has placed reliance on a decision reported in A.I.R. 1973. S.C. 968 (V 60 C 215). This is a case decided by the Supreme Court of Tndia whgrein it has been held as under ;—• "But where there is nothing to show that it was a condition of service that an employee would work 6-1/2 hours only nor is there anything to that effect in the appointment letter of the employees, then Section 9-A would not be applicable. The mere fact that while the workshop was under comple- tion and there was not enough accommodation for Ihe office/administrative staff in the workshop buil- ding, they were accommodated in another building and worked there along with* other clerks for only 6-1/2 hours in a day for a period of 6 months, will not make it a condition or their service. As the factory was in the process of being constructed there was no question of fixing the working hours of the administrative office on a permanent basis. It :s only when the factory was completed and the administrative staff attached to it shifted to its own building at the factory site, that the manage- ment apparently on an overall assessment of its requirements fixed 8 working hours per day. In such case the management would have full power and discretion in fixing the working hours of the administrative staff within the limits prescribed by the statute." Shri P. Chidambaram however had very vehemently attached the evidence led on behalf of the ONGC, viz., of Shri Makhija who is the Administrative Officer" in ONGC at Sabarmati. His evidence was attacked on the ground that he had no personal knowledge about what he has deposed. His evidence was merely a hear-say evidence; that whatever record was required to be produced before the Court has not been produced though be h?d filed the affidavit relying on the same record. It is true th.il Shri Makhija is the Administrative Officer and personally he had no knowledge. However, he has stated that whatever he has deposed in affid"vit was based on the record maintained by the ONGC. It is also true that no record has been produced but in my view the question doe-, no? nr.vh depend 'upon such a re- cord. Even I have rot rft,n-h,;d much importance to the evidence of Shri Makhija. The question- mainly turns upon the fact whether the change effected is within the compe- tence of the ONCiC oi not. I hnvc fully discussed ;ibout this question aboti: tind I nm oF the \icw thai what the ONGC h.is done is only m fuithciuncu of (he demands made by the woikmen concerned anj with, .i vcw to minimise the workers' crievance Thus, in my view even on merits I feel 1ha( the ONCjC has done nothing wrong in effecting the ncccisiry thanks lor then smooth working. The lesult is that the Lompkiint deserves to be dismissed nnd the tame is hereby dismissed vvlh nu ordei as In co\f
Ahmcdabad, rx 16th September, 1982. G.S BAHOT, Pleading Officer [No. L-10011/7/30-D. Ill (B) I KANWAR RAJ1NDER SINGH, Under Secy. New Etelhi, the 25th, October, 1982 S.O. 3770.—In exercise of ihe powers conferred by sec- tion 6 ot the Iron Ore Mines and Manganese Ore Mines 1-abour Wellare Fund Act, 1976 (61 of 1976) read with rule 3 of the Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund Rules, 1978, the Central Government makes the lollowing amendment to the notification of the Government of Tndio in the Ministry of Labour No. S.O. 718 dated 2nd February 1982 published at page 729 of the Gazette of Intlia, Part II. Section 1, sub-sectior (ii) dated February 20 1982, namely :— Tn the said notification, for the entry apuinst Serial No. 13, the following shall be substituted, namely :— "13. Shri D. Behera, Chief Personnel Manager, Mines Division, The Tata Iron and Steel Co. Ltd., Noamundi (833217) P.O Noamundi, District Singhbhum (Bihar)" [F. No. U-23017/10/80-M.rV/W.IT] T. D. SALHOTRA, Under Secy. ORDER New Delhi, the 30th October, H\S2 S.C.3T7I. -Whereas an industrial dispute ^exists helvvecr> thr employers in delation to the management of Katrns Arej ot McKsri, Bharat Coking Coal Limited, Post Office Sijua, District Dhanbad and their workmen represented hj Rashtriya Colliery M.-i/ribur Sangh, R^jendra Path, Dhanhad; A;i A Whereas, the said employers and their workmen have by a written agreement under sub-section (1) of section 10A of the Industrial Disputes Act, 1947 (14 of 1947), agreed to refer ibe $wd dispute to arbitration and have forwarded to the Central Government a copy of the said arbitartion agreement; Now therefore, in pursuance of sub-section (3) of section 10A of the said Act, the Central Governm ent hereby publishes the said agreement which was received by it on the J3ih October, 1982. AGREEMENT (under section 10A of the Industrial Disputes AcL 1947; Between Name of 'the parties: Representing employers: Dr S K. Ghosh, General Manager, Bharat Coking Coal Ltd., Katras Area, Sijua, District Dhanbad. Representing workman: Shri G.D. Pandey, Secretary, Rashtriya Colliery Mazdoor Sang, Dhanbad. It is hereby agreed between the parties to refer the follow - ing dispute to the arbitration of Shri Shyam Krishna, Deputy Chief Labour Commissioner (Central), New Delhi: (i) Specific matters in dispute: Whether the management of Katras Areas of Bharat Coking Coal Limited arc justi- fied in changing the designation of Shri Harihar Singh from Loading Supervisor/Inspector to Loading Clerk in January, 1975 and whether they arc justified in deny- ing him the pay scale of Clerical Grade instead of Clerical Grade U.J1F not, lo what relief is the workman entitled atid from what date ? (li) Details of the parties The General Manager, to the dispute includ- M/s Bharat Coking Coal ing the name and Limited, address of the estab- P.O. S(jua, District Dhanbad. llshment or under- taking involve (in) Name of the work- Shri Harihar Singh, Clerk man in case he Jnm- Grade II-Union Shri G.D, self is involved in the Htindey, Secretary, Rashtriya dispute, or the Colliery Mazdoor Sangh numo of the union if (INTLJC) any representing the workman in question: We further agree that the majority decisions of the Arhi- trator(s) be binding on us. The Arhitnitoi shall made his award v ithin a period a\ six months from the da:c of publication nl (his agreement in the OITicial Ciu/ettc b\ the appropriate '"lovernment or within such further lime as extended by mutual digicement bet .yeon us in writing. In case the award it not made within tin; period aforementioned, the reference to the arbitra- tion shall stand automatically cancelled and we shall be free to iii-gotintc for fresh arbitration Signature of the parties: Sdr Dr, S.K. Ghosh Representing employer Sd/-O;D. Pandey Representing workman Witnesses: (!) Sd/- (2) Sd/- I hereby give my consent to act as Arbitrator under Section IDA. of the Industrial Disputes Act, 1947 in the above dispute. Sd/- Shyam Krishna D'23-0-1082 Deputy Chief Labour Commissioner (Central), New Delhi [No L-20013(ll)/82-D.TII(A)] A.V S. SARMA, Desk Officer to the Sccietary, Delhi Development Authoiity, Vikiii Min.u, lndraprastha Lstule, New Delhi, v.ithin it period of thirty days from the dale of ihis notice. The pcison ni iking the objection or suggestion shou)d ulso give, his naiic and. address. MODIFICATION : The land use of ihe aiea (plot No. 115), jmasuiaig about 3.66 beet. (9.09 icies) Lilhn& ir zone D-9, (Central Visia. Zone) bounded by 36 57 moires wide Pandit Pant Marg on the wtst, I oV Sabha Bhuvan Plot on the Soutn. -cast and 60.96 mettc wide Tulkatora. Road oa Die east, is proposed to be changed from "Recreational1 use (nolihed \idc Oovt. of India, Ministry oC Works and Housing notiflcu- tion No. 21023/26/66/UDT,'ITA Vol. ill dated 10-9-81) lo '(iovernnritit and Sem:-Go\Lwiment Offlccs." 2. The plans indicating ihe pioposed ni(.'djfii;atio,is wil! be available for inspection at the office of the Aiithoiily, Vitas Minar, Indraprastha tstatc, New Delhi on ull v^orkinf days c\cept vSaturday, within the penod refened fbove. [No. F. 20(12) /T)'M.P.I PUBLIC NOTICE Sd/- Tlteuiblc, ^::v, New Delhi, the 13th November, 19H2 Delhi Development Authority. S.O. 3772.—The following modification which the Ccntial Government proposes to make to the Muster flap for Delhi are hereby published for public-infoimution. Any person hav- ing any objection or suggestion wilh respect to the pioposed modification may send the objection or su^esiion in writing NB : Thi^ is in sLipsri.'ssion of public notice No. F. 20O2)/ 79-J\HJ dated "5-9-S2 published in the issue t.f the Guvt. of India Gazrtte dated 25-9-S2 Pan If -Section 3—Sub-section (ii). PRINTED BY THE MANACFR, GOVT. GF INDIA PRESS, R1N0 ROAD, NEW DELIII-110064 AND PUBIISHED BY THE CONTROLLER OF PLDLKHTIONS, DELHI-110054. 1 9 82MINISTRY OF COMMUNICATIONS
(P&T Board)
MINISTRY OF WORKS AND HOUSING
(Delhi Division)
MINISTRY OF LA HOUR AND REHABILITATION
ISSUES
Reference No. CGIT-13 of 1981
AWARD
DELHI DEVELOPMENT AUTHOR1TV