Gazette of DNH And DD, No. 03, 16 February 2022

click here for IIIF manifest

भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 21st January, 2021 01 Magha, 1943 (Saka) No. : 03

Administration of

Dadra and Nagar Haveli, U.T.

Labour Department,

Silvassa

No. LEO/ID/COD/SPL/2016/535/2017 Date : 25/05/2017

THE INDUSTRIAL DISPUTES ACT, 1947

O R D E R

Whereas, Shri Ramesh Patel and other workmen vide their letter dated 30/06/2016 raised a charter of demand before the management of M/s Sudhir Power Ltd., Athal under the Industrial Disputes Act, 1947 C/34.

And whereas, on receipt of the letter dated 30/06/2016, M/s Sudhir Power Ltd., Athal and the group of workmen were issued notice dated 07/11/2016 to remain present before the Conciliation Officer on 21/11/2016 under I.D. case No. 173/2016. To bring about fair and amicable settlement between the parties.

And whereas, the matter was heard on various occasions. Shri Yusuf Khan, General Manager and Shri Kishore, Dy. Manager, Shri Sudhir Power Ltd., Athal remained present as well as group of workmen.

And whereas, the case was taken up on 11/01/2017. The company representative filed their written submission dated 11/01/2017 (C/59) a copy of which was also provided to the workmen to file their written submission if any.

And whereas, the case was taken up on 27/01/2017. Both the parties to the dispute remained present. The group of workmen informed that the management of M/s Sudhir Power Ltd., Athal has transferred them to their plant in Jammu and Kashmir. The workmen further informed that the management of M/s Sudhir Power Ltd., Athal is exploiting the poor tribal workmen and also informed that the management is threatening them to withdraw the demand failing which all employees will be transferred. The employees also informed that their demands are genuine and legal and that in counter blast of their demand the company has transferred them. They further informed that the Act of the management to transfer the workmen to the unit in Jammu and Kashmir is malafide and legally not tenable. Jammu and Kashmir is an unsafe place heaving full of extremist activity and there is great danger to their life. The management of the company has also not provided any accommodation andSERIES – II No. 03 THE GAZETTE OF DNH & DD Page 2 transport facility and considering to hostile working conditions prevailing at Jammu & Kashmir state and without making proper arrangements it is a clear that there is a change in service condition.

And whereas, the hearing in the matter was last held on 15/02/2017. Both the parties to the dispute remained present. The representative of the company vide their written submission dated 15/02/2017 (C/167) informed that the workers of the company have raised a Charter of Demand regarding wages revision and other benefits. The workers who have alleged that they have illegally been transferred to Jammu and Kashmir and have made deliberate change in the service condition is false. The company representative added stating that each workman were issued appointment order which have been signed and duly received and accepted by the workman, confirming about his acceptance to all the terms and conditions with declaration to agree to abide and hence the service conditions of the workers is governed by the terms and conditions and clauses of the appointment order and hence after acceptance of the appointment order the workmen are refrained for challenging any of the terms and conditions and one of the clause of the appointment order states that the workmen can be transferred from one place to another or one department / site or project to another and that the service are also transferrable anywhere in India from one factory/establishment to another on the direction of the management and that the workers are not entitled to extra salary or allowance.

And whereas, the workman informed that they were issued appointment letter in the year 2004 whereas they were working with the said unit prior to the year 2004. As such when they were initially appointed by the company there were not informed about any such clause and all of a sudden in the year 2004 when they demanded for appointment order the company added such clause. They further stated that the clause of transfer was deliberately added to the appointment letter. They also stated that the company had preplanned to transfer them in the light of various clauses of the appointment letter and the company has made serious changes to their service condition during the course of pending Conciliation Proceedings before the Conciliation Officer for the Charter of Demands raised by the workmen.

And whereas, the company representative informed that due to no work order the unit in Silvassa is not functioning properly as it was in earlier years. They had no other option but to transfer the workers to their sister concerned unit in Jammu and Kashmir. The company representative also stated that there are no change to the service condition and that at the time when the workers were issued appointment letter they did not raise any query and as such there is no illegal change in service conditions and as agreed by the workmen to the terms and conditions of the appointment order they were transferred to plant at Jammu and Kashmir.

And Whereas, the allegation of the workers is not legal and proper as the demands have been raise by the workers long back since 30/06/2016 and the transfer of 21 workers have been made in the month of January 2017, and hence allegation of threatening employees to withdraw the demand are all false and imaginary.

And Whereas, the company transferring the service of 21 workers is with bonafied intention to continue the earnings of livelihood on transfer to Jammu and Kashmir factory keeping them employed. The option of transfer is still open if the workmen wants to join the unit at Jammu and Kashmir.

And whereas, the group of workmen stated that the company should take back the decision of transfer of the workers to Jammu and Kashmir. And further stated that they are not willing to go to the unit at Jammu and Kashmir. The company representative reiterated that they have not made any service condition.

And whereas, the workmen stated that they are not willing to join the unit at Jammu and Kashmir as the transfer order were made with an intention to delay the matter with regards to Charter of Demand.

And whereas, both the parties were adamant with their respective stand and claims, the conciliation proceedings did not end into settlement.

On the basis of the above proceedings, the Conciliation Officer was left with no other option but to conclude that this is a fit case to be referred to the Industrial Tribunal for adjudication. The matter regarding wages and other related allowance etc. is covered in the Third Schedule to the Industrial Disputes Act, 1947 and the matters specified therein fall within the jurisdiction of the Industrial Tribunal. The Administration has set up a Industrial Tribunal in the U.T. of Dadra and Nagar Haveli, which is presided over by the District Judge, D.& N.H., Silvassa vide Notification No. ADM/LAW/415(B) (II) (i)/638/99 dated 21/09/1999. The Labour Commissioner, D & NH., Silvaassa has been delegated the powers of the appropriate Government, who is competent to make a reference to the Labour Court or the Industrial Tribunal, as the case may be, for adjudication vide Notification No. ADM/LAW/ADJ/101/2005 dated 27/01/2005.

And whereas the Labour Enforcement Officer/ Conciliation Officer submitted a "Failure Report" to the appropriate Government i.e. Labour Commissioner in this case as required under Section 12(4) of the Industrial Disputes Act, 1947 with the recommendation to refer the dispute to the Labour Court for adjudication vide Report No. LEO/ID/COD/SPL/RP/369/2017 dated 11/04/2017.

And whereas considering full facts and circumstances of the case in totality, I am of the view that this is a fit case for reference to the Industrial Tribunal.

Now, therefore, in view of the facts mentioned above and in exercise of the powers conferred by Section 10(1)(d) of the Industrial Disputes Act, 1947, I Labour Commissioner, Dadra and Nagar Haveli, Silvassa hereby refer the said dispute to the Industrial Tribunal for adjudication.

D I S P U T E

1) "Whether the action of the Management of M/s Sudhir Power Ltd., Athal in refusing to concede to the demands contained in demand letter dated 30/06/2016 submitted by the workers.

2) Whether the action of the Management of M/s Sudhir Power Ltd., Athal in transferring the workers to Jammu and Kashmir plant and subsequent refusal of the workers to join duty at Jammu and Kashmir plat is legal and justified.

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

Sd/–

Labour Commissioner

Dadra and Nagar Haveli,

Silvassa.

––––––

I.D.R. No. 02/2017

ORDER BELOW EXH. 1

The Labour Commissioner, Dadra & Nagar Haveli, Silvassa, referred the dispute to this Industrial Tribunal by order dated 25.05.2017 No. LE/ID/COD/SPL/2016/535/2017. The dispute / issues / point for determination referred by the Labour Commissioner for adjudication are as follows :-

"1] Whether the action of the Management of M/s. Sudhir Power Ltd., Athal in refusing to concede to the demands contained in demand letter dated 30/06/2016 submitted by the workers ?

2] Whether the action of the Management of M/s. Sudhir Power Ltd., Athal in transferring the workers to Jammu and Kashmir plant and subsequent refusal of the workers to join duty at Jammu and Kashmir plant is legal and justified ?

I.D.R. No. 02/2017

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

2] During part heard hearing of the dispute under reference, the matter was referred to Judge Mediator for settlement. It seems, that after due persuasion, the Mediator Judge succeeded in settling the dispute between the first party company – M/s. Sudhir Power Ltd., Athal and 21 workers, Represented by Janhit Kamgar Sangh. The report of Judge Mediator dated 09.01.2010 is at Exh.37. The parties agrred to the consent terms vide Exh.38. The Judge Mediator has verified the contents of the consent terms vide Exh.38 from both the sides.

3] As the dispute is settled between the parties by mediation process by Judge Mediator, the disputes / points for determination under reference have become redundant. However, in view of the fact that, the dispute between the parties is settled in mediation in persuasion to the consent terms vide Exh.38, Award is required to be drawn in pursuance to the consent terms mentioned in Exh.38. In the result, I proceed to pass following Award :-

A W A R D

1. The dispute is settled between both the parties in pursuance to the consent terms (Exh.38), which reads as under :-

a. The transferred 21 workmen will report at Masat Unit within a week from the date of Mediation report / Order of the Court.

b. The Company will pay ex-gratia equivalent to 6 months wages for the disputed period i.e. from the date of transfer till the court order and the same will not be termed as wages for any statutory purpose.

c. The workmen will be provided bus facility as provided to other workmen of the factory.

d. The transferred workers will be granted one time increment Rs.2000/- (Two Thousand Only) as increment for the period of transfer till date and will be entitled to increment in April 2020 as per practice as given to the workmen of the factory.

e. The date of joining given by the workmen will remain the same.

f. The workmen will be provided safety shoes, clean drinking water as provided to other workmen.

g. The management will not transfer the concerned workmen for 10 months from today. However, thereafter the company can transfer workmen as per service condition.

h. The concerned workmen and Janhit Kamdar Sangh, Silvassa (Union) will not raise any demand which will have financial implications for the issues involved in the present reference.

i. The Hon"ble Tribunal at Silvassa be pleased to dispose of Reference (IDR) No. 2 of 2017 by passing an Award in the above terms.

2. The parties are directed to act in pursuance to the consent terms.

I.D.R. No. 02/2017

3. The U.T. of D. &N.H., Silvassa is directed to notify the Award in Official Gazette as per Sec. 17A of the Industrial Tribunal Act, 1947.

4. No order as to costs.

Silvassa Date: 22.01.2020.

Sd/– (Dinesh P. Surana) Presiding Officer, Industrial Tribunal, D. &N.H., Silvassa.

***

U.T. Administration of Dadra & Nagar Haveli and Daman & Diu,

Town & Country Planning Department,

Fort Area, Moti Daman

No. ATP/DMN/TCP-Board/1780/11/2021/16 Dated :11/01/2022.

Read:- Daman and Diu Town and Country Planning Board Constituted vide Notification No.

ATP/DMN/TCP-Board/l780/11/131, dated 23/05/2011.

NOTIFICATION

The Administrator of Dadra & Nagar Haveli and Daman & Diu is pleased to notify the above referred notification as per following changes:

Expert members at SI. No 7 & 8 of the above referred notification, shall be replaced by the following as expert members in the existing Daman and Diu Town and Country Planning Board.

(i) Prof. Y. M. Desai, - Member

Indian Institute of Technology, Powai, Mumbai,

(ii) Shri B.K. Patel, B.E. (Civil), M.E.(Town & - Member

Regional Planning), Ph. D. (on Town & Regional Planning), Surat.

The term of office of the above members will be of 2 years from the date of this notification.

This is issued with approval of the Hon"ble Administrator Dadra & Nagar Haveli and Daman & Diu vide diary No.817270, dated 29/12/2021.

By Order and in the name of the Administrator of Dadra and Nagar Haveli and Daman & Diu.

Sd/- (Mohit Mishra) Deputy Secretary (UD), Dadra and Nagar Haveli and Daman & Diu

***

U. T. Administration of

Dadra & Nagar Haveli and Daman & Diu,

Department of Environment and Forests,

Secretariat, Daman.

No. PCC/DDD/05/EIA-Part (III)/2014-2015/ 6 Dated: 12/01/2022

NOTIFICATION

In pursuance of Para 10 & 11 of the Notification No. S.O. 974(E) dated 01/03/2021 issued by the Government of India, Ministry of Environment, Forest and Climate Change, New Delhi, the Administrator of Dadra & Nagar Haveli and Daman & Diu is hereby pleased to notify the Pollution Control Committee, Dadra & Nagar Haveli and Daman & Diu to act as Secretariat for the Union Territory Level Expert Appraisal Committee (UTEAC) and Union Territory Environment Impact Assessment Authority (UTEIAA) for the U. T. of Dadra & Nagar Haveli and Daman & Diu and to provide all financial and logistic support including accommodation, transportation and such other facilities in respect to all its statutory functions. The sitting fees, Travelling Allowances/Dearness Allowances, to the Chairman and Members of the UTEAC and UTEIAA of Dadra & Nagar Haveli and Daman & Diu shall be paid by the Pollution Control Committee, Dadra & Nagar Haveli and Daman & Diu as per the Rules.

By order and in the name of Administrator of Dadra & Nagar Haveli and Daman &Diu.

Sd/- (Ashish Mohan), Joint Secretary (Environment & Forests), Dadra & Nagar Haveli and Daman & Diu.

––––SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 7

***

UT Administration of

Dadra & Nagar Haveli and Daman & Diu,

Directorate of Medical & Health Services,

Moti Daman, Daman – 396 220.

No. DMHS/DD/RR-OT/2021/514 Dated: 12/01/2022

NOTIFICATION

In exercise of the powers conferred by the provision to Article 309 of the Constitution, read with Govt. of India, Ministry of Home Affairs Notification No.F.3(4)/65/GP dated 27th January 1965 and Order No.7/1/65-Estt.(A) dated 16th February 1965; and in supersession of the existing recruitment rules for the posts, and all other powers enabling him in this behalf, the Administrator of Dadra & Nagar Haveli and Daman & Diu, is hereby pleased to make the following rules regulating the method of recruitment to Group „B" Non-Gazetted, Non Ministerial posts of Occupational Therapist, in the Directorate of Medical & Health Services, UT Administration of Dadra & Nagar Haveli and Daman & Diu namely:-

1. SHORT TITLE AND COMMENCEMENT -

(i) These rules may be called the Administration of Dadra & Nagar Haveli and Daman and Diu, Directorate of Medical & Health Services, Occupational Therapist, (Group „B" Non- Gazetted / Non-Ministerial) posts Recruitment Rules, 2021.

(ii) They shall apply to the posts specified in column – 1 of the schedule to these rules.

(iii) These rules will come into effect from the date of publication of this notification in the Official Gazette and will related to appointment to the various posts made on or after this date.

2. NUMBER OF POSTS, CLASSIFICATION AND LEVEL IN PAY MATRIX - The

number of the said post, its classification and the level in pay matrix attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules. Provided that, the Administrator of Dadra & Nagar Haveli and Daman and Diu may vary the number of posts in column 2 of the said Schedule from time to time subject to exigencies of work.

3. METHOD OF RECRUITMENT, AGE, LIMIT, OTHER QUALIFICATIONS ETC -

The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 13 of the aforesaid Schedule.

4. DISQUALIFICATION :-

No person, (a) who has entered into or contracted a marriage with a person having a spouse living or; (b)who having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the service. Provided that, the Administrator ofSERIES – II No. 03 THE GAZETTE OF DNH & DD Page 12 Dadra & Nagar Haveli and Daman & Diu, may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

5. POWER TO RELAX:-

Where the Administrator is of the opinion that, it is necessary or expedient so to do, he may, by order, and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

6. SAVING :-

Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes and Scheduled Tribes, and the other special categories or persons in accordance with the orders issued by the Central Government from time to time in this regard.

By Order and in the name of the Administrator of Dadra & Nagar Haveli and Daman & Diu

Sd/–

Dy. Secretary (Health & Family Welfare)

DNH & DD

SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 13

S C H E D U L E ANNEXURE-I

SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 14

Sd/–

Dy. Secretary (Health & Family Welfare)

DNH & DD

***SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 15

UT Administration of

Dadra & Nagar Haveli and Daman & Diu,

Directorate of Medical & Health Services,

Moti Daman, Daman – 396 220.

No. DMHS/DD/RR-PT/2021/515 Dated : 12/01/2022

NOTIFICATION

In exercise of the powers conferred by the provision to Article 309 of the Constitution, read with Govt. of India, Ministry of Home Affairs Notification No.F.3(4)/65/GP dated 27th January 1965 and Order No.7/1/65-Estt.(A) dated 16th February 1965; and in supersession of the existing recruitment rules for the posts, and all other powers enabling him in this behalf, the Administrator of Dadra & Nagar Haveli and Daman & Diu, is hereby pleased to make the following rules regulating the method of recruitment to Group „B" Non-Gazetted, Non Ministerial posts of Physiotherapist, in the Directorate of Medical & Health Services, U. T. Administration of Dadra & Nagar Haveli and Daman & Diu namely:-

1. SHORT TITLE AND COMMENCEMENT -

(i) These rules may be called the Administration of Dadra & Nagar Haveli and Daman and Diu, Directorate of Medical & Health Services, Physiotherapist, (Group „B" Non-Gazetted / Non- Ministerial) posts Recruitment Rules, 2021.

(ii) They shall apply to the posts specified in column – 1 of the schedule to these rules.

(iii) These rules will come into effect from the date of publication of this notification in the Official Gazette and will related to appointment to the various posts made on or after this date.

2. NUMBER OF POSTS, CLASSIFICATION AND LEVEL IN PAY MATRIX - The

number of the said post, its classification and the level in pay matrix attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules. Provided that, the Administrator of Dadra & Nagar Haveli and Daman and Diu may vary the number of posts in column 2 of the said Schedule from time to time subject to exigencies of work.

3. METHOD OF RECRUITMENT, AGE, LIMIT, OTHER QUALIFICATIONS ETC -

The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 13 of the aforesaid Schedule.

4. DISQUALIFICATION :-

No person, (a) who has entered into or contracted a marriage with a person having a spouse living or; (b)who having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to the service.

Provided that, the Administrator of Dadra & Nagar Haveli and Daman & Diu, may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

5. POWER TO RELAX:-

Where the Administrator is of the opinion that, it is necessary or expedient so to do, he may, by order, and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

6. SAVING :-

Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes and Scheduled Tribes, and the other special categories or persons in accordance with the orders issued by the Central Government from time to time in this regard.

By Order and in the name of the Administrator of Dadra & Nagar Haveli and Daman & Diu

Sd/–

Dy. Secretary (Health & Family Welfare)

DNH & DD

SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 17

S C H E D U L E ANNEXURE-I

SERIES – II No. 03 THE GAZETTE OF DNH & DD Page 18

Sd/–

Dy. Secretary (Health & Family Welfare)

DNH & DD

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.