भारत सरकार / Government of India

Daman 21^st 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 and

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 प्रकाधित / PUBLISHED BY AUHTORITY

SERIES – 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.

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

Page 3

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 ?

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

Page 4

I.D.R. No. 02/2017

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

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.

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.

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.

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

Page 5

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

***

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

Page 6

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 11

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 27^th January 1965

and Order No.7/1/65-Estt.(A) dated 16^th 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:-

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.

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.

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.

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

SERIES – 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.

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.

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

Name of

the post

No. of Post Classification Level in the

Pay Matrix

Whether

Selection post

or non-

selection post

Age limit for direct recruits

Educational and other

qualification required for direct

recruits

Occupational

Therapist

*01 (2021)

*Subject to

variation

dependent

on work

load

[DNH – 00;

DD – 01]

General

Central

Service

Group „B‟

(Non

Gazetted)

Non

Ministerial

Level : 6 in

the Pay

Matrix

(Rs. 35400-

112400)

Not Applicable

Not exceeding 30 years (Relaxable for Govt. Servant

up to 5 years in accordance with the instructions or

orders issued by the Central Government)

Note : The crucial date for determining the age limit

shall be the closing date of receipt of applications from

candidates in India (and not the closing date prescribed

for those in Assam, Meghalaya, Arunachal Pradesh,

Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh

Division of J&K State, Lahual & Spiti District and

Pangi Sub Division of Chamba District of Himachal

Pradesh, Andaman & Nicobar Islands or Lakshadweep).

Essential :

Bachelor in Occupational Therapy

from a recognized University or

Institution.

Desirable :

Three years working experience in

Occupational Therapy in a

Hospital

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

Page 14

Whether age and

educational

qualifications prescribed

for direct recruits will

apply in the case of

promotees

Period of

probation, if

any

Method of Recruitment

whether by direct

recruitment or by

promotion or by

deputation / absorption

and percentage of the

vacancies to be filled by

various methods.

In case of recruitment

by promotion /

deputation /absorption

grades from which

promotion / deputation

/ absorption to be made

If a D.P.C. exists what is its composition

Circumstances in

which UPSC is to be

consulted in making

recruitment

Not Applicable

Two years

Direct Recruitment

Not Applicable

Group „B‟ DPC/DSC

(for considering confirmation)

1. Advisor to Administrator, DNH &

DD – Chairman.

2. Finance Secretary, DNH & DD –

Member

3. Secretary of concerned Department,

DNH & DD - Member

4. Deputy /Joint Secretary (Pers.) DNH

& DD – Member

5. Head of Office concerned – Member

6. 1 (one) additional member from

Government Service to be nominated

by the Chairman of DSC/DPC /

Screening Committee.

Note:

“If Finance Secretary is holding the charge

of Secretary (Health) then, the Finance

Secretary will be the Chairman of the

Committee DPC”.

N.A.

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 27^th January 1965

and Order No.7/1/65-Estt.(A) dated 16^th 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:-

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.